bharat sanchar nigam limited (a govt. of india...

Signature of the tenderer

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BHARAT SANCHAR NIGAM LIMITED

(A Govt. of India Enterprise)

Bid Document

Limited Tender for Aerial Optical Fibre laying for FTTH connections in Palakkad SSA

Tender No: Plg / CP / Limited Tender / Aerial OFC laying / 16-17/1 Dated 19.12.2016

Office of the General Manager,

Palakkad Telecom District


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Table of Contents

Part I

Section Content Page No

I Notice Inviting Tender 3

II Bid Form 4

III Tenderer’s Profile 5

IV Instructions to Bidders 6-12

V General (Commercial) conditions of contract 13-21

VI Special conditions of the contract 22-25

VII Scope of work & jurisdiction of contract 26-27

VIII Standard Schedule of Rates 28-29

IX Financial Bid 30

X Agreement 31-32

XI Certificate of no near relatives in BSNL 33

XII Letter of authorization for attending bid opening 34

XIII Performance Bank Guarantee 35-36

XIV Mandate Form for transfer of payments through

Electronic Fund Transfer scheme 37


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SECTION I

BHARAT SANCHAR NIGAM LIMITED

(A Government of India Enterprises)

Office of GMT, Palakkad-14

Notice inviting tender

NIT No. Plg / CP /Limited Tender / Aerial OFC laying / 16-17/1 Dated 19.12.2016 Properly sealed tenders (packing PVC tape/ sealing wax) are invited for and on behalf of Chairman and Managing Director, Bharat Sanchar Nigam Limited by the General Manager, Telecom, BSNL, Palakkad from the eligible experienced contractors for the following works:

1 Name of work Aerial fibre laying for FTTH (Fibre To The Home)

connection in Palakkad SSA (Approximately 300

connections)

2 Period of contract One year from the date of agreement which can

be extended further for a period of one year.

3 EMD Rs. 3 , 5 0 0 / - ( R u p e e s T h r e e

T h o u s a n d F i v e H u n d r e d o n l y )

+ 4 Sale of Tender documents From 20/12/2016 to 09/01/2017 (1000 Hrs to

1600 Hrs on all working days).

5 Time and last date of submission

of documents

Up to 1300 Hrs. on 10/01/2017

6 Time & date of Tender Opening 15:00 Hrs on 10/01/2017

7 Area of contract Anywhere in Palakkad SSA

Tender forms can be obtained from the AGM(NWP), Office of the GMT, Sanchar Bhavan, TB Road, Palakkad-14 on production of Crossed Demand Draft drawn from any Scheduled/Nationalized Bank payable at Palakkad, in favour of AO(Cash), O/o GMT, BSNL, Palakkad or cash receipt from AO(Cash), O/o GMT, BSNL, Palakkad for Rs.525/-(Rupees Five Hundred and Twenty Five only) non refundable. The last date for receipt of tender is shown above. Tender Documents can also be downloaded from the website www.keralatelecom.com. In this case DD for Rs. 525/- drawn in favour of Accounts Officer (Cash), O/o GMT, BSNL, Palakkad from any Nationalised/ Scheduled Bank payable at Palakkad, should be submitted along with the tender in token of purchase of tender form along with DD for the amount of Rs. 3,500/-(Rupees Three thousand five hundred only) towards EMD in favour of Accounts Officer ( Cash), BSNL, O/o GMT, Palakkad payable at Palakkad.

The tender, which is not accompanied with towards the requisite EMD and cost of tender form, shall be summarily rejected. For further details visit our website www.keralatelecom.com or www.kerala.bsnl.co.in

Assistant General Manager (NWP),

O/o GMT, Palakkad-14

http://www.keralatelecom.com/

http://www.keralatelecom.com/

http://www.kerala.bsnl.co.in/


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SECTION II

BID FORM

Tender No: Plg / CP / Tender / Aerial OFC laying / 16-17/1 Dated 19.12.2016

To

The General Manager Telecom , BSNL, Palakkad

Dear Sir,

Having examined the conditions of contract and specification including addenda No……..

the receipt of which is hereby duly acknowledged , we, undersigned , offer to execute the work of aerial Optical Fibre laying for FTTH connections in Palakkad SSA in conformity with said

drawings, conditions of contract and specification as may be ascertained in accordance with the schedule of prices attached herewith and made part of this Bid .

We undertake, if our Bid is accepted, that we will execute the work in accordance

with specifications, time limits & terms and conditions stipulated in the tender document. If our Bid is accepted, we shall submit the securities as per the conditions mentioned in the contract.

We agree to abide by the Bid for a period of 180 days from the date fixed for Bid opening and it

shall remain binding upon us and may be accepted at any time before the expiry of the period

Until a formal Agreement is prepared and executed this Bid together with your written

acceptance thereof in your notification of award shall constitute a binding contract between us.

Bid submitted by us is properly sealed and prepared so as to prevent any subsequent alteration and replacement.

Dated this-------------day of ----------------------

Signature of Authorised Signatory

……………………….. In capacity of

…………………………………………........…..

Duly authorised to sign the bid for and behalf of …………………………………

Witness:

Signature :

Address :


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SECTION III

TENDERER’S PROFILE

1. Name of the tenderer / firm :

2. Name of the person submitting the tender :

(In case of Proprietary / Partnership firms, the tender has to be signed by Proprietor

/ Partner

3. Address of the firm :

4. i. Telephone No. (with STD code) : Office : Residence :

Mobile:

ii. Fax No. :

iii. E-Mail address :

5. Registration & incorporation particulars of the firm :

i) Proprietorship : ii) Partnership :

iii) Private Limited :

iv) Public Limited :

(Please attach attested copies of documents of registration / incorporation of your firm

with the competent authority as required by business law)

6. Name of Proprietor/Partner/Directors

7. PAN No.

8. Service Tax Registration No.

9. EPF Registration No.

I/We hereby declare that the information furnished above is true and correct.

Place :

Seal of the Tenderer Name of the tenderer

Passport size

photograph of

the

Tenderer/Aut

horized

signatory

holding power

of Attorney


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SECTION-IV

INSTRUCTIONS TO BIDDERS

INTRODUCTION : 4.1 The tenderer must read carefully all the terms, conditions and specifications before filling up the Tender Schedule and his Quotation. Tenderers are requested to get

well versed with the tender conditions/ guidelines written hereunder.

4.2 Time along with quality of work is the essence of this contract.

SITE INVESTIGATION BY THE TENDERER:

4.3 It is assumed that these inferences are made after local enquiries regarding the

above said matters and also the probable and possible stipulations, delays, risk contingent

upon the nature of sub surface conditions, hindrances or interference to or with the

execution and completion of works as per tender conditions and has arrived at his own estimate in respect of the rate quoted.

4.4 It is also assumed that the Tenderer has also taken into consideration all possible

contingencies and likely problems and allied matters, incidental thereto and ancillary

thereof affecting the execution and completion of work. Any of the excuses at a later stage

about his unawareness about the above mentioned conditions after the approval of tender

will not be considered. Any failure by the Tenderer in estimating the difficulty or cost

properly shall not relieve him of the responsibility of completing or satisfactorily performing the work.

4.5 It may be noted that the estimated cost is only a rough assessment by the “BSNL” and the “BSNL” does not link itself to its full correctness and the “BSNL” can not be held

accountable for any variations, if any found actually. The tenderers are required to make

their own detailed assessment and shall quote accordingly.

SIMULTANEOUS WORK IN DIFFERENT SECTIONS

4.6 Work in each route (or part thereof, if awarded so), will be treated as a separate

work covered by this contract. However, if the tenderer is awarded work

simultaneously in more than one route, the tenderer should have enough capacity and

resources to carry out the work simultaneously in all the routes awarded to him.

4.7 Tenderers who are confident of ensuring the progress of the work in the time stipulated in NIT, by employing the required resources, men and materials may only

participate in this tender offer. The attention of the Tenderer is specifically drawn to the

conditions regarding realization of Compensation for delay and slow progress, which may

be strictly enforced by the Divisional Engineer/AGM as stipulated in the relevant clauses.

4.8 It is to be specifically noted that, the “BSNL” wants the work to be done

simultaneously in as many routes as possible, so that the project can be completed in

the shortest possible time. Keeping the interest of the “BSNL” in mind, the competent authority has full discretion to award the entire work or part of the work in any route to

one or more Tenderers, or to carry out the work by “BSNL” itself or through any other

agency by inviting tender/ quotations or by nominations from other reputed and

experienced Contractors or by any other means.

ELIGIBILITY OF BIDDERS :

4.9 The Invitation of bids is open to all as per their eligibility mentioned in NIT of this

tender document.

THE BID DOCUMENTS :


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4.10 The construction work to be carried out, goods required, bidding procedures and

contract terms are prescribed in the Bid Documents. The Bid Documents are included in

Table of contents :

4.11 The Bidder is expected to examine all instructions, forms, terms and specifications in the bid documents. Failure to furnish all information required as per the

Bid Documents or submission of bids not substantially responsive to the Bid Documents

in every respect will be at the bidder’s risk and shall result in rejection of the bid.

4.12 A prospective bidder, requiring any clarification of the Bid Documents shall

notify BSNL in writing or by fax or by E-Mail at BSNL’s mailing address indicated in the

invitation for Bids. BSNL shall respond in writing to any request for clarification of the Bid

Documents, which it receives not later than 7 days prior to the date for the opening of the

bids. Copies of the query (without identifying the source) and the clarifications by BSNL shall be notified in the web site www.kerala.bsnl.co.in and all such clarification issued by

BSNL will form part of the bid document.

4.13 At any time, prior to the date for submission of bids, BSNL may, for any reason

whether suo motto or in response to a clarification requested by a prospective Bidder,

modify the Bid Documents by amendments.

4.14 The amendments shall be notified in our web site www.kerala.bsnl.co.in and

these amendments will be binding on them.

4.15 In order to afford prospective bidders reasonable time to take the amendments into

account in preparing their bids, BSNL may, at its discretion, extend the deadline for the submission / opening of bids suitably.

4.16 The bidder shall bear all costs associated with the preparation and submission

of the bid. BSNL, will in no case, be responsible or liable for these costs, regardless of the

conduct or outcome of the bidding process.

DOCUMENTS ESTABLISHING BIDDER’S ELIGIBILITY AND QUALIFICATIONS :

4.17 The bidder shall furnish, as part of his bid documents establishing the

bidder’s eligibility, the following documents :

1. Bid Security in accordance to Clause 4.21 to 4.23

2. Tender documents (s) in original, duly filled in and signed by tenderer or his authorized

representative on each page. All corrections and overwriting must be initialed with date by the tenderer or his authorized representative.

3. Copy of PAN card (Income Tax card)

4. Service Tax Registration No.-If Applicable

5. EPF Registration Certificate.

6. License from the Central Labour Commissioner if the number of workers under him is

20 or more after awarding the work

7. The registration of the firm if applicable.

8. Authenticated copy of partnership deed in cases of partnership firm

9. Bid Form, duly filled in as per Section II.

10. Tenderer's profile, duly filled in as per Section III of the tender

document.

11. The original “Power of Attorney” in case person other than the tenderer has signed the

http://www.kerala.bsnl.co.in/

http://www.keralatelecom.co.in/


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tender documents.

12. List of qualified experienced personnel, who are working for the tenderer, who will be

deployed for the work.

13. Certification of non-participation of near relative in BSNL

14. VAT Regn No if applicable

BID SECURITY :

4.18 The bidder shall furnish, as part of his bid, a bid security (EMD) as specified in the NIT. No interest shall be paid by BSNL on the bid security for any period, what so ever.

4.19 The bid security is required to protect BSNL against the risk of bidders

conduct, which would warrant the security’s forfeiture, pursuant to Clause 4.26 to 4.27.

4.20 Bid Security shall be paid in the form of Crossed Demand Draft issued by a Nationalized/Scheduled bank, drawn for the amount and in the manner indicated in

the NIT/ Section I of the Tender Document.

4.21 A bid not secured in accordance with Clause 4.19 to 4.20, shall be rejected by the

BSNL as non responsive.

4.22 The bid security of the unsuccessful bidder will be refunded as promptly as

possible, but not later than 30 days after the expiry of the period of bid validity prescribed by BSNL.

4.23 The successful bidder’s bid security will compulsorily be converted to form part

of performance security deposit in accordance with the relevant Clause.

4.24 The bid security shall be forfeited and the Acceptance of the Tender shall be re-

considered and revoked under the following conditions. The Tenderer may be debarred

from participating in similar tenders called for by the SSA for a period of Three months from the date of issue of the order for revocation;

4.25 If a bidder withdraws his bid during the period of bid validity specified in the

bid document or

4.26 If the bidder makes any modifications in the terms and conditions of the tender

before acceptance of the tender, which are not acceptable to BSNL or

4.27 In case of successful bidder, if the bidder fails :

i) To sign the agreement in accordance with the relevant clause, or

ii) To furnish Performance Security in accordance with relevant clause.

4.28 Prices shall be quoted by the bidder in % of basic rate in respect of items specified

under Annexure-A of Section VIII only, both in words and figures in the Financial bid of the document. Prices quoted at any other place shall not be considered.

4.29 The price quoted by the bidder shall remain fixed during the entire period of

contract and shall not be subjected to variation on any account. A bid submitted with an

adjustable price quotation will be treated as non-responsive and rejected.

4.30 Bid shall remain valid for 90 days from date of opening of the bid. 4.31 The rates quoted in the bid shall be firm and valid for any other work order for

extension of the same route or modification of the route or branching in case of spur

routes that may be issued within the above period and remain so until the completion of


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the work assigned under such a work order.

4.32 The bidder shall submit, as a part of his bid, the bid documents (In original) duly

signed on each and every page, establishing the conformity of his bid to the bid documents of all the works to be executed by the bidder under the contact.

4.33 The bid shall contain no Inter-lineation, erasures or overwriting except as necessary to correct errors made by the bidder in which case such corrections shall be signed with

date by the person or persons signing the bid.

4.34 The tender should be submitted in three envelopes placed inside a main cover. These envelopes should contain the following.

Envelope Marked on the Cover Contents of Envelope

First Bid Security

Containing Bid Security as in NIT/ Section I of the

Tender Document + Cost of tender form if not

purchased from BSNL

Second Qualifying Bid Containing all documents as per clause 4.17 under

Section IV except bid security.

Third Financial Bid Rates duly quoted by the tenderer in the

prescribed format (Section IX)

On all these envelope the name of the firm and whether “Bid Security” OR “Qualifying

Bid” OR “Financial Bid” must be clearly mentioned and should be properly sealed (with

sealing wax / Packing PVC tape). These envelopes are to be placed inside an outer

envelope and properly sealed (with sealing wax/Packing PVC tape). The tenders which are

not submitted in above mentioned manner shall be summarily rejected.

All four envelopes (3 inner & one outer) must be super scribed with “Tender for Aerial

Optical Fibre laying for FTTH connection in Palakkad SSA.” The so completed Tenders

shall be submitted to the Assistant General Manager(NWP), O/o GM, BSNL, T.B. Road,

Palakkad-14. The full name and addresses of the Tender shall be written on the bottom

left hand side corner of the sealed cover.

4.35 Tenders received in covers not sealed (with sealing wax/packing PVC Tape) will not be opened or considered. Closing the cover by gum will not be treated as sealed cover. The

outer cover shall bear the seal of the Tenderer with sealing wax properly fixed on the

cover. The tenders which are not submitted in above mentioned manner shall be

summarily rejected.

4.36 The tenderer will be bound by all terms, conditions & specifications as detailed

in the tender documents.

4.37 Any tender with conditions other than those specified in the tender document

is liable to be summarily rejected. No modification by the contractor in any of the conditions will be permitted after the tender is opened.


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4.38 Tenders should be dropped in person in the tender box placed in the chamber

Assistant General Manager (NWP), specified in NIT/Section I of the Bid Document, before the

closing (Date & Time) of tender, as mentioned in NIT. The tenderer has to ensure the correct address if sent by Post.

4.39 BSNL shall not be held responsible for delivery of bid to the wrong address. The slit

of the tender box will be sealed immediately after the specified time for receipt of tender. Any tender presented in person after the sealing of box will not be received by (the tendering

authority) or by any of the subordinates or will not be allowed to be deposited in the tender

box.

4.40 Postponement of Tender opening: If the date of opening of bids is declared as

holiday or forced holiday, the bids will be opened on the next working date at the same time

and venue.

4.41 The bidder may modify or withdraw his bid after submission and before opening

provided that the information is deposited by the bidder in a properly sealed envelope

(with Wax/Packing PVC tape) in the tender box, before the scheduled time & date for

closing of tender.

4.42 BSNL shall open the bids in the presence of bidders or his authorized representatives

who choose to attend, at the time indicated in the NIT / Section I, on due date. The bidder’s representatives, who are present, shall sign an attendance register. The bidder shall submit authority letter to this effect before they are allowed to participate in the bid

opening (A format is given Section – XII).

4.43 A maximum of one representative for any bidder shall be authorized and permitted to attend the bid opening.

4.44 The Qualifying bids of bidders who have submitted proper bid security as per

tender document, shall be opened and papers / documents submitted by the bidder

shall be examined and recorded by the bid opening committee. After opening the bid, all

the documents contained therein shall be serially numbered and signed by the bid opening

committee members and shall be evaluated. The Financial bids of the bidders who have found technically qualified only will be opened.

4.45 In case there is discrepancy in figures and words in the quote, the same shall be

announced in the bid opening, but the quote in words shall prevail.

4.46 A substantially responsive bid is one which conforms to all the terms and

conditions of the bid documents without deviations. BSNL’s determination of bid’s responsiveness is to be based on the contents of the bid documents without

deviations. BSNL’s determination of bid’s responsiveness is to be based on the contents of

the bid itself without recourse to extrinsic evidence.

4.47 A bid, determined as substantially non responsive will be rejected by the

BSNL and shall not subsequent to the bid opening be made responsive by the bidder by correction of the non-conformity.

4.48 The evaluation and comparison of responsive bids shall be on the rates offered and


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indicated in financial bid of the bid documents.

4.49 BSNL shall consider award of contract only to those eligible bidders whose

offers have been found technically, commercially and financially acceptable.

4.50 BSNL, at the time of award under the contract, reserves the right to decrease or increase the work by up to 25% of the total quantum of work specified in the schedule of

requirements without any change in the rates or other terms and conditions. BSNL

reserves the right to negotiate with the L1 bidder without compromising on the quality of

work

4.51 BSNL reserves the right to accept or reject any bid and to annul the bidding

process and reject all bids, at any time prior to award of contract without assigning any

reason what – so – ever and without thereby incurring any liability to the affected bidder or bidders on the grounds for BSNL’s action.

4.52 The issue of letter of intent shall constitute the intention of BSNL to enter in to the contract with the bidder. Letter of intent will be issued as offer to the successful bidder.

4.53 The bidder shall within 10 days of issue of letter of intent, give his acceptance

along with

i) Security Deposit for the amount indicated in the LOI, in conformity with clause 5.5

of Section - V

ii) Copy of Registration / license from appropriate labour authority.

iii) Copy of Registration certificate for EPF and ESI

iv) Copy of Service Tax Registration certificate

4.54 The signing of agreement shall constitute the award of contract to the bidder. The

agreement with the successful bidder shall be signed by BSNL within a week of submission of performance security.

4.55 As soon as the tender is approved by the competent authority, the EMD deposited

by the successful bidder shall be compulsorily converted in to the security deposit, which will be held by BSNL till the completion of warranty period.

4.56 Failure of the successful bidder to comply with the requirement of relevant clause(s)

shall constitute sufficient ground for the annulment of the award and forfeiture of the bid security, in which event, BSNL may make the award to any other bidder at the discretion of

BSNL or call for new bids.

4.57 The tender is valid for One year from the date of agreement. It can be extended

further for a period of One year as per the decision of General Manager, BSNL,

Palakkad. Further extension shall be with the consent of both parties. The terms and

conditions of the tender shall be operative during such extended period also. In such

cases, the contractor shall have to extend the already furnished Material Security suitably.

However, further extension of tender, decision of GMT is final and binding.


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4.58 The terms and conditions of the tender will come under Indian contract Act in force.

4.59 Exemption from remittance of EMD and Cost of Application: The firms registered with NSIC are exempted from remittance of Earnest Money Deposit and Cost of Application. For

availing this facility, the Tenderer should submit an attested Photostat copy of the valid

NSIC Certificate and functioning certificate along with the tender and the approved

monetary limit should cover the requirement of the items.

Exemption from remittance of Security Deposits: The firms registered with NSIC having

monetary limit of Rs. 2 Lakhs are exempted from remittance of Security Deposits.

4.60 In the event of any failure to comply with any of the clauses of this tender notice, the

tender is liable to be cancelled and EMD/ SD will be forfeited along with taking such other

action as may be deemed fit by GMT, BSNL, Palakkad including blacklisting of the name

of the tenderers. BSNL reserves the right to appropriate SD against any earlier dues adjustable with contractor.


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SECTION - V

GENERAL (COMMERCIAL) CONDITIONS OF THE CONTRACT APPLICATION : 5.1 The General condition shall apply in contracts made by BSNL for the execution of Aerial

optical fibre laying including supply, erection and testing for FTTH connection. 5.2 Prices charged by the contractor for the works performed under the Contract shall not be

higher from the prices quoted by the contractor in his Bid. 5.3 Price once fixed will remain valid for the period of contract. Increase and decrease of

taxes/duties will not affect the price during this period. 5.4 The contractor shall not assign, sub contract or subject the whole or any part of the works

covered by the contract, under any circumstances. 5.5 The contractor whose tender has been accepted shall deposit an additional sum, at the

time of executing the Contract Agreement, which along with the EMD submitted with the tender, will make the security deposit equal to 5% (Five percent) of the estimated cost or accepted tender

cost whichever is higher. 5.6 The proceeds of the security deposit shall be payable to BSNL as compensation for any loss resulting from the contractor’s failure to complete its obligations under the contract. 5.7 The security deposit shall be refunded after expiry of warranty period of last work executed

provided there are no recoveries to be made arising out of poor quality of work, incomplete work and/or violation of any terms and conditions of the contract as stipulated in the bid document. 5.8 No interest will be paid to the contractor on the security deposit. 5.9 The work order shall be issued so as to include all items of works.

5.10 The work orders shall be issued by the General Manager, BSNL Palakkad or an officer

authorized by him, after examining the technical and planning details of the works to be executed. 5.11 If due to any reason partial work order is to be issued then the same shall be issued

with the approval of an officer not below the rank of Deputy General Manager. 5.12 The AGM(Transmission) shall mention the time limit to execute the work order after seeing

the quantum of work and store availability position. 5.13 BSNL reserves the right to cancel or modify the scope of work stipulated to be carried out against the work order in the event of change of plan necessitated on account of technical reasons

or in the opinion of work order issuing authority or the GMT, Palakkad, the contractor is not

executing the work at the required pace.

5.14 The time allowed for carrying out the work as entered in the tender shall be strictly observed by the Contractor and shall be reckoned from the SEVENTH DAY after the date on

which the work order is issued to the contractor or from the actual date of commencement of work

whichever is earlier. 5.15 If the contractor fails to start the work by the due date (SEVENTH DAY), after the issue of

work order, (or) does not maintain the progress as mentioned above, the contract is liable to be

terminated by BSNL without waiting for completion of the whole time allowed as “Time is the essence of the contract”, and BSNL desires no time overrun in completion of the project. 5.16 In each work order, the work order issuing authority shall specify the time allowed for completion of work consistent with the magnitude and urgency of work. The time allowed for


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carrying out the work is to be strictly observed by the contractor and shall be reckoned from

seventh day from the date of issue of the work order, or an earlier date if work is urgently required,

as indicated in the work order. 5.17 In as much as “the time being deemed to be the essence of contract”, throughout the stipulated period of contract, the work is to be proceeded with all due diligence on the part of the contractor. 5.18 There may be some hindrances, other than covered under force majeure, while execution

of work and in such cases the contractor shall apply in writing. The Competent Authority is

empowered to grant extension of time for completion of work on certain conditions. He shall

exercise such powers, if the following conditions are satisfied. 5.19 The Application contains the ground(s), which hindered the contractor in execution of

work. 5.20 The Engineer-in-charge is of the opinion that the grounds shown for extension of time are

reasonable. 5.21 The competent authority shall consider the request keeping all the facts and circumstances in view and shall grant extension of time, if in his opinion, there are reasonable and sufficient

grounds for granting such extension and the reasons for delay are not attributable to the

contractor. 5.22 The Competent Authority may also grant extension of time for completion of work in

cases where reasons for delay are ascribable to the contractor, but such extension of time shall be with LD Charges dealing with penalty for delays in execution of works. The extension of time

with LD Charges shall be issued under the signature of JAG level Telecom Officer (DGM level) competent to grant the extension of time. 5.23 If the competent authority is of the opinion that the grounds shown by the

contractors are not reasonable and sufficient and declines to grant the extension of time, the contractor cannot challenge the soundness of the opinion by reference to arbitration. The decision

of the competent authority on period of extension of time or refusal for extension of time shall be

final and binding on the contractor.

5.24 There are, at times, practical difficulties like non-availability of materials etc, reasons of which are ascribable to BSNL. In such cases, the Engineer-In-Charge with the approval of

competent Authority to sanction EOT may issue extension of time suo moto without waiting for the

contractor to make an application for EOT. Entry of hindrances shall be made in the Hindrance

Register. The BSNL will, however, not be liable to the contractor for any losses or damages, costs, charges, or expenses that the contractor may in any way sustain/suffer due to delay in making the

above available. 5.25 The work shall be deemed to have been completed only after the same has been tested for

attenuation factor of the fibre laid. 5.26 If the contractor or his working people or servants break, deface, injure or destroy (i) any

building, road, road kerb, fence, enclosure, water pipe, cables, drains, etc contiguous to the area in which the work or any part is being executed (ii) or if any damage shall happen to the work

while in progress, from any cause whatever (iii) or if any defect, shrinkage or any other faults

appear in the work within the contract period or otherwise of its completion shall have been given

by the Engineer-in-charge as aforesaid arising out of defect or improper materials or workmanship

the contractor shall upon receipt of a notice in writing on that behalf make the same good at his

own expense or in default the Engineer-in-charge cause the same to be made good by other workmen and deduct the expense from any sums that may be due or at any time thereafter may

become due to the contractor, or from his security deposit or the proceeds of sale thereof or of a


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sufficient portion thereof. 5.27 The security deposit of the contractor shall not be refunded before the expiry of contract

period. 5.28 In addition to any and all other guarantee and warranty mentioned in the contract

documents the Contractor guarantees that the entire work will be done in a satisfactory manner

and free from any defects in material, workmanship, construction and finish and in conformity in

all aspects with the Construction Specifications and directions. The Contractor also undertakes to repair or replace as the case may be at his own cost and risk any part of the

work which may be damaged or that may develop any defects due to bad workmanship or

otherwise due to the fault of the Contractor. 5.29 If any defect is not remedied within a reasonable time, as prescribed by BSNL,

BSNL may proceed to do the work at the contractor’s risk and costs, but without prejudice to any other rights which BSNL may have against the contractor in respect of such defects. 5.30 Rectification under warranty clause shall be made by the contractor free of all charges at

site including freight, insurance, cost of works and other incidental charges. 5.31 BSNL shall have the right to cause an audit and technical examination of the work and the

final bills of the contractor including all supporting vouchers, abstract etc., to be made after

payment of the final bill and if as a result of such audit and technical examination any sum is

found to have been overpaid in respect of any work done by the contractor under the contract or any work claimed by him to have been done by him under the contract and found not to have

been executed, the contractor shall be liable to the refund the amount of over payment and it

shall be lawful for BSNL to recover the same from him in the manner prescribed in the relevant

clauses, or in any other manner legally permissible and if it is found that the contractor was

paid less than what was due to him under the contract in respect of any work executed by him under it, the amount of such under payment shall be duly paid by BSNL to the contractor.

5.32 Provided that BSNL shall be entitled to recover any sum overpaid, nor the contractor shall be entitled to payment of any sum paid short where such payment have been agreed

upon between the Divisional Engineer/AGM or his subordinate officer on one hand and

the contractor on the other under any term of the contract permitting payment for work after

assessment by the GMT, Palakkad or his subordinate officer. 5.33 Any sum of money due and payable to the contractor (including security deposit

returnable to him) under this contract may be appropriated by the BSNL for the payment of a sum

of money arising out or under any other contract made by the contractor with the BSNL. e-Payment : 5.34 In cities/areas where ECS/EFT facility is provided by banks, the bidder must have Accounts in such ECS/EFT facility providing banks and that bank account number shall be

quoted in the bids by the bidder. The cost of ECS/EFT will be borne by BSNL in all cases where the payment to Contractor/supplier is made in a local branch i.e., bidder is having bank account in the same place where the payment is made by BSNL unit. 5.35 In case payment is made to outside branch i.e., bidder is having bank account not in the

same place from where the payment is made by BSNL unit, the crediting cost will have to be borne by the bidder/recipient only.

5.36 The bidder must submit the Mandate form (Section XIV) for transfer of payment

through Electronic Clearance/ Electronic Fund transfer.


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5.37 In case e-payment is not possible, payment shall be made by Account payee cheque.

5.38 Procedure for Preparation and settlement of bills : The bill for the work carried out will be settled work order wise. The contractor will be responsible to submit the bills in time, prepared accurately, giving all details to facilitate early payment. The bills should be prepared and submitted by the contractor to the JTO/SDE in charge in the following conditions: i) The bills should be submitted in triplicate signed by the contractor.

ii) Details of the quantity and nature of each item of work as well as the stipulated rates are to be given. iii) The bills are to be submitted through the concerned Junior Telecom Officer or Sub Divisional Engineer in charge of the work.

iv) The dates of execution of woks and the date of completion are to be noted. Bill No. and date

should invariably be furnished. v) Each claim bill of the contractor should accompany 1) list showing the details of labourers/employees engaged, 2) duration of their employment, 3) the amount of wages paid to such labourers/employees, 4) copies of authenticated documents of payments of EPF contributions to EPF authorities (both Employer’s & Employees’ contribution) and 5) a declaration from the contractor regarding compliance of the conditions of EPF Act 1952. vi) The bills should be submitted within 30 days of completion of work. The SDE in charge of work shall submit the final bill received from the contractor to the AGM/Divisional Engineer, in-charge of work along with Material reconciliation statement, Details of recoveries/ penalties for delays, damages to BSNL/ Third party properties as per provisions of the contract and in case no recovery is to made, NIL report needs to be submitted. Income tax as per rules will be deducted from the bills and remitted to Income Tax Department. Work contract tax at the prescribed rates will be recovered if applicable and remitted to Commercial Tax Department. Reverse charge mechanism shall be applicable towards payment of Service Tax.

5.39 The contractors are required to execute all works satisfactorily and in accordance with the

specifications. If certain items of work are executed with unsound, imperfect or unskilled workmanship or with materials of any inferior description or that any materials or articles provided

by him for execution of work or unsound or of a quality inferior to that contracted for or otherwise

not in accordance with the contract (referred to as substandard work hereinafter), the Divisional

Engineer/AGM in-charge shall make a demand in writing specifying the work, materials or articles

about which there is a complaint.

5.40 Timely reporting and action, to a great extent, can prevent occurrence of sub standard

work, which will be difficult or impossible to rectify later on. It is incumbent on the part of

Construction Officers to point out the defects in work in time during progress of the work. The Junior Telecom Officer/Sub Divisional Engineer responsible for execution and supervision of

work shall without any loss of time submit a report of occurrence of any sub standard work to the

Divisional Engineer/AGM in-charge. A notice in respect of defective work shall be given to the

contractor by Divisional Engineer/AGM in-charge in writing during the progress of work asking the

contractor to rectify/replace/remove the sub standard item of work and also definite time period within which such rectification/removal/replacement has to be done. After expiry of the

notice period, if the contractor fails to rectify/replace/remove the sub standard items, the

defects shall be got rectified/replaced/removed by BSNL or through some other agency at the

risk and cost of the contractor.

5.41 Non-reporting of the sub standard work in time on the part of Construction Officer(s)

shall not in any way entitle the contractor to claim that the defects were not pointed out during


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execution and as such the contractor cannot be absolved of the responsibility for sub standard work and associated liabilities.

5.42 Authority and procedure to accept sub standard work and payment thereof: There may be certain items of work pointed out as sub standard which may be difficult to rectify and in the opinion of the GMT, Palakkad, the items in question will not materially deteriorate the quality of

service provided by the construction, the GMT Palakkad, shall appoint committee to work out the reduced rates payable to the contractor for such sub standard work. The committee shall

constitute one Divisional Engineer other than the one who is directly in-charge of the work, involving sub standard items of work, as Chairman and one S.D.E. and an Accounts Officer as members. The committee shall take into account the approximate cost of material/work

pointed out as sub standard and recommend the rates payable for sub standard work which shall not exceed 60% of the approved rates of the item in question. Delays in the contractor’s performance : 5.43 The time allowed for completion of the work as entered in the tender shall be strictly

adhered to by the contractor and shall be deemed to be the most important aspect of the contract on the part of the contractor and shall be reckoned from Seventh day from issue of work order by

BSNL or an earlier day if specified in the work order. The work shall, throughout the stipulated

period of contract, be proceeded with all due diligence to achieve the desired progress uniformly,

and the contractor shall pay as penalty an amount equal to 0.50 percent of the work order cost per

day of delay in completion of work, subject to a maximum of 12 (twelve) percent of the cost of the

work awarded.

5.44 On any date the penalty payable as above, reaches 12(twelve) percent of the estimated cost

of the work, the contractor should proceed with the work further only on getting a written instructions from the Divisional Engineer/AGM that, he is allowed to proceed further with the

work. It will be in the discretion of the Divisional Engineer/AGM to allow the contractor to

continue with the work on the basis of any written agreement reached between the contractor and

the Divisional Engineer/AGM. One of the conditions of such agreement may be a stipulation for

the contractor to agree for realization of penalty for delay at a higher rate as may be agreed

between the Divisional Engineer/AGM and contractor.

5.45 Penalty for delay in completion of the work shall be recoverable from the bills of the contractor and /or from the bills of any other contract or at the time of final settlement of bills

on completion of work.

5.46 In case of slow progress of the work in a route which have been awarded to a particular

contractor, and the public interest does not permit extension of time limit for completion of work, the GMT Palakkad will have the full right to order that the scope of the contractor may be

restricted to such fraction of the whole of the work and get the balance executed at the risk and

cost of the contractor. All such payments shall be recovered from the contractor’s pending bills

or security deposit.

5.47 The GMT Palakkad reserves the right to cancel the contract and forfeit the security deposit if the contractor fails to commence the work within 7 days after issue of the work order.

5.48 If any penalty is levied on a contractor for more than 2 occasions, then his/her contract

could be terminated. In this regard the decision of GMT, Palakkad shall be final and binding.

5.49 During excavation of trench, utmost care is to be taken by the contractor, so that the

existing underground cables/ utilities are not damaged or cut.


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5.50 Cable owned by BSNL : In case any damage/cut is done to the existing cables owned by

BSNL, a penalty as per the schedule given below will be charged from the contractor or the

amount will be deducted from his running bills;

Size of existing cables cut/ Damaged Amount of Penalty per cut/ damages

Up to 100 pairs cable Rs. 500.00(Five Hundred)

Above 100 pairs & up to 400 pairs Rs. 1,000.00(One thousand)

Above 400 pairs Rs. 2,000.00 (Two thousand)

OF cable of any size Rs 50000.00(Fifty Thousand)

5.51 Cable / Utility owned by Other Agencies : Damage caused for any other utilities the

contractor shall be held fully responsible. The damage charges whatever claimed by the affected

agency shall be borne by the Contractor. To this effect the amount shall be deducted from his bills

/ Security deposit or any other amount with BSNL.

5.52 The contractor while taking delivery of materials supplied by BSNL at the designated place

shall thoroughly inspect all items before taking them over. In case of execution of the work, if any materials are found damaged/working unsatisfactorily, then a penalty equivalent to the cost of

material plus (+) 17.5 % as penalty shall be recovered from the contractor’s

payment/securities.

5.53 However, contractor will not be penalised for any defect in workmanship of the materials, which shall be taken up separately with the supplier of the stores.

5.54 Circumstances for rescission of contract: Under the following conditions the

competent authority may rescind the contract.

a) If the contractor commits breach of any item of terms and conditions of the

contract.

b) If the contractor suspends or abandons the execution of work and the engineer

in- charge of the work comes to conclusion that work could not be completed by the

due date for completion or the contractor had already failed to complete the work

by that date.

c) If the contractor had been given by the officer-in-charge of work a notice in writing to rectify/replace any defective work and he/she fails to comply with the requirement

within the specified period.

5.55 Upon rescission of the contract, the security deposit of the contractor shall be liable to be

forfeited and shall be absolutely at the disposal of the BSNL as under:

5.56 The unused material (Supplied by BSNL) available at site, shall be transported back by

BSNL to the Telecom Store at the risk and cost of the contractor. If any such materials is found

damaged/lost then the penalty shall also be recovered from the contractor as per conditions in

tender documents /bid.

5.57 Upon rescission/termination of the contract, the contractor shall be debarred from

participating in any of the tenders pertaining to the SSA, for a period ONE YEAR from the date of issue of rescission/termination order by the SSA. The unexecuted work will be got completed by any other contractor , approved in the SSA

5.58 The certificate of the AGM Transmission as to the value of work done shall be final and


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conclusive against the contractor, provided always that action shall only be taken after giving due notice in writing to the contractor.

5.59 BSNL may at any time terminate the Contract by giving written notice to the contractor,

without compensation to Contractor, if the Contractor becomes bankrupt or otherwise insolvent as declared by the competent court provided that such termination will not prejudice or affect any right or action or remedy which has accrued or will accrue thereafter to BSNL.

5.60 The BSNL may, at any time, at its option cancel and terminate this contract by written notice to the contractor, in which event the contractor shall be entitled to payment for the work

done up to the time of such cancellation. 5.61 In the event of the termination of the contract, the contractor shall forthwith clear the site

of all the contractor’s materials, machinery and equipments and hand over possession of the

work/operations concerned to the BSNL or as the BSNL may direct.

5.62 The BSNL may, at its option, cancel or omit the execution of one or more items of work under this contract and any part of such items without any compensation whatsoever to the

contractor.

5.63 The AGM(Transmission) shall issue Show cause notice giving details of lapses, violation of terms and conditions of the contract, wrongful delays or suspension of work or slow progress to

the contractor directing the contractor to take corrective action. A definite time schedule for

corrective action shall be mentioned in the show cause notice. If the contractor fails to take

corrective action within the stipulated time frame, the Divisional Engineer/AGM in-charge

shall submit a draft of final notice along with a detailed report to the competent authority

who had accepted the contract. 5.64 The final notice for rescission of contract to the contractor shall expressly state the precise

date and time from which the rescission would become effective. The following safe guards shall

be taken while issuing the final notice:

a) During the period of service of notice and its effectiveness, the contractor should not be allowed to remove from the site any material/equipment belonging to BSNL.

b) The contractor shall give in writing the tools and plants he would like to take

away/remove from the site. Such of the materials as belong to him and which may not be

required for future execution of balance work may be allowed by the Divisional Engineer/AGM

in-charge of work to be removed with proper records.

c) No new construction beneficial to the contractor shall be allowed

d) Adequate security arrangement by BSNL in replacement of the contractor watch and ward

shall be made forthwith. Expenses on this account are recoverable from the security deposit or

any amount due to the contractor.

5.65 The contractor shall at all times hold the BSNL harmless and indemnify from against all action, suits, proceedings, works, costs, damages, charges claims and demands of every nature

and descriptions, brought or procured against the BSNL, its officers and employees and

forthwith upon demand and without protect or demur to pay to the BSNL any and all losses and

damages and cost (inclusive between attorney and client) and all costs incurred in endorsing

this or any other indemnity or security which the BSNL may now or at any time have relative to the work or the contractors obligation or in protecting or endorsing its right in any suit on other

legal proceeding, charges and expense and liabilities resulting from or incidental or in

connection with injury, damages of the contractor or damage to property resulting from or

arising out of or in any way connected with or incidental to the operations caused by the

contract documents. In addition the contractor shall reimburse the BSNL or pay to the BSNL forthwith on demand without protect or demur all cost, charges and expenses and losses and

damages otherwise incurred by it in consequences of any claim, damages and actions which

may be brought against the BSNL arising out of or incidental to or in connection with the

operation covered by the contractor.

5.66 The contractor shall at his own cost at the BSNL’s request defend any suit or other

proceeding asserting a claim covered by this indemnity, but shall not settle, compound or


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compromise any suit or other finding without first consulting the BSNL. FORCE MAJEURE : 5.67 If any time, during the continuance of this contract, the performance in whole or in part

by either party or any obligation under this contract shall be prevented or delayed by reason of any war, or hostility, acts of the public enemy, civil commotion sabotage, fires, floods,

explosions, epidemics, quarantine restrictions, strikes, lockouts or act of God(herein after

referred to as events) provided notice of happenings, of any such eventuality is given by either

party to the other within 21 days from the date of occurrence thereof, neither party shall by

reason of such event be entitled to terminate this contract nor shall either party have any such

claim for damages against the other in respect of such non-performance and work under the contract shall be resumed as soon as practicable after such event may come to an end or cease to

exist, and the decision of BSNL as to whether the works have been so resumed or not shall be

final and conclusive, provided further that if the performance, in whole or part of any obligation

under this contract is prevented or delayed by reason of any such event for a period exceeding 45

days either party may, at his option terminate the contract.

5.68 Provided also that if the contract is terminated under this clause, BSNL shall be at liberty to take over from the contractor at a price to be fixed by BSNL, which shall be final, all

unused, undamaged and acceptable materials, bought out components and stores in the course

of execution of the contract, in possession of the contractor at the time of such termination of

such portion thereof as BSNL may deem fit excepting such materials bought out components and

stores as the contracts may with the concurrence of BSNL elect to retain.

ARBITRATION : 5.69 In the event of any question, dispute or difference arising under this agreement or in

connection there with except as to matter the decision of which is specifically provided under

this agreement the same shall be referred to sole arbitration of the Chief General manager,

Telecom, Kerala Circle or in case his designation is changed or his office is abolished then in such case to the sole arbitration of the officer for the time being entrusted whether in addition to

the functions of the Chief General Manager Telecom, Kerala Circle or by whatever

designation such officers may be called (hereinafter referred to as the said officer) and if the Chief

General Manager, Telecom, Kerala Circle or the said officer is unable or unwilling to act as such

to the sole arbitration or some other person appointed by the Chief General Manager, or the

said officer. The agreement to appoint an arbitrator will be in accordance with the Arbitration and Conciliation Act, 1996. There will be no objection to any such appointment that the

arbitrator is BSNL Servant or that he has to deal with the matter to which the agreement relates

or that in the course of his duties as BSNL Servant he has expressed views on all or any of the

matter under dispute. The award of the arbitrator shall be final and binding on the parties.

In the event of such arbitrator to whom the matter is originally referred, being transferred or

vacating his office or being unable to act for any reasons whatsoever such Chief General Manager or the said officer shall appoint another person to act as arbitrator in accordance with terms of

the agreement and the person so appointed shall be entitled to proceed from the stage at which it

was left out by his predecessors.

5.70 The arbitrator may from time to time with the consent of parties enlarge the time for making and publishing the award, Subject to aforesaid Indian Arbitration and Conciliation Act

1996 and the Rules made there under, any modification thereof for the time being in force shall be

deemed to apply to the arbitration proceeding under this clause.

5.71 The venue of the arbitration proceeding shall be the Office of the Chief General

Manager, Telecom, Kerala Circle or such other places as the arbitrator may decide. The

following procedure shall be followed.

a) In case parties are unable to reach a settlement by themselves, the dispute should be


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submitted or arbitration in accordance with contract agreement.

b) There should not be a joint submission with the contractor to the sole Arbitrator.

c) Each party should submit its own claim separately and may oppose the claim put forward

by other party.

d) The onus of establishing his claims will be left to the contractor.

e) Once a claim has been included in the submission by the contractor, a reiteration or modification thereof will be opposed.

f) The “points of defence” will be based on actual conditions of the contract.

g) Claims in the nature of ex-gratia payments shall not be entertained by the Arbitrator as these are not contractual.

h) The question whether these conditions are equitable shall not receive any

consideration in the preparation of “points of defence”.

i) If the contractor includes such claims in his submission, the fact that they are not

contractual will be prominently placed before the Arbitrator .

5.72 The award of the sole Arbitrator shall be final and binding on all the parties

to the disputes.

SET OFF: 5.73 Any sum of money due and payable to the contractor (including security deposit

refundable to him) under this contract may be appropriated by BSNL or the Govt. or any other person or persons contracting through the Govt. of India and set off the same against any

claim of BSNL or Govt. or such other person or persons for payment of a sum of money arising

out of this contract made by the Contractor with BSNL or Govt. or such other person or persons

contracting through Govt. of India.


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SECTION –VI

SPECIAL CONDITIONS OF CONTRACT

GENERAL :

6.1 The work shall be accepted only after Testing carried out by officer-in-charge of

OF/FTTH Installation / Mtce., designated by BSNL,(if required) as per prescribed schedule

and work/material passing the test successfully.

6.2 BSNL reserves the right to disqualify such bidders who have a record of not meeting

contractual obligations against earlier contracts entered into with the BSNL. Decision of GMT

is final in this regard.

6.3 BSNL reserves the right to black list a bidder for a suitable period in case he fails to

honour his bid without sufficient grounds.

6.4 BSNL reserves the right to counter offer Price(s) against price(s) quoted by any

bidder since BSNL needs more than one contractor to engage.

6.5 Any clarification issued by BSNL, in response to query raised by prospective bidders shall form an integral part of bid documents and it may amount to amendment of

relevant clauses of the bid documents.

6.6 Tender will be evaluated as a single package of all the items given in the price schedule.

6.7 All work to be executed under the contract shall be executed under the direction and subject to the approval in all respects by the Divisional Engineer or Site Engineer, in-

charge of work site who shall be entitled to direct at what point or points and what manner

they are to be commenced, and from the time to time carried on.

6.8 The work in each route may be split up between one or two contractors, if

considered expedient by the GMT, Palakkad.

6.9 If the contractor shall desire an extension of time for completion of the work on the

grounds of unavoidable hindrance in execution of work or on any other ground he shall

apply in writing to the AGM(Transmission) within 3 days of the date of hindrance on account of which he desires such extension as aforesaid. In this regard the decision of GMT, Palakkad

shall be final.

6.10 If at any time after the commencement of the work, BSNL may feel that execution of

whole or part of work, as specified in the tender is not required to be carried out, then the

BSNL shall give notice in writing of the fact to the contractor who shall have no claim to any

payment of compensation whatsoever on account of any profit or advantage which he might

have derived in consequence of the full amount of the work not having been carried out neither shall he have any claim for compensation by reason of any alterations having been

made in the original specifications, drawings, designs and instructions which shall involve

any curtailment of the work as originally contemplated.

6.11 Whenever any claim against the contractor for the payment of a sum of money


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arises out of or under the contract, BSNL shall be entitled to recover such sum by

appropriating in part of whole the security deposit of the contractor, and to Sell any BSNL

promissory notes etc., forming the whole or part of such security or running / Final bill pending against any contract with BSNL. In the event of the security being insufficient or

if no security has been taken from the contractor, then the balance or the total sum

recoverable as the case may be, shall be deducted from any sum then due or which at any

time there after may become due to the contractor under this or any other contract with

BSNL. Should this sum be not sufficient to cover the full amount recoverable the

contractor shall pay to BSNL on demand the balance remaining due.

6.12 No official of Gazetted rank or other Gazetted officer employed in Engineering or administrative duties in an Engineering Department or any other Department of the BSNL is

allowed to work as a contractor for a period of two years after his retirement from BSNL service without the previous permission of BSNL. This contract is liable to be cancelled

if either the contractor or any of his employees is found at any time to be such a person who hadn’t obtained the permission of BSNL as aforesaid before submission of the engagement in

the contractor’s service as the case may be.

6.13 In the event of the contractor being, adjudged insolvent or going voluntarily

into liquidation of having received order or other order under insolvency act made against

him or in the case of company, of the passing of any resolution, or making of any order for

winding up whether voluntarily or otherwise, or in the event of the contractor failing to comply with any of the conditions herein specified, The GMT, Palakkad, shall have the power

to terminate the contract without any notice.

6.14 Without prejudice to any of the rights or remedies under this contract, if the contractor dies, the GMT, Palakkad on behalf of the CMD, BSNL can terminate the contract

without compensation to the contractor. However the GMT, Palakkad at his discretion may permit contractor’s heirs to perform the duties or engagements of the contractor under the

contract, in case of his death. In this regard the decision of the GMT, Palakkad shall be the final.

6.15 In the event of the contractor, winding up his company on account of transfer or merger of his company with any other, the contractor shall make it one of the terms and

stipulations of the contract for the transfer of his properties and business, that such other person or company, shall continue to perform the duties or engagement of the contractor

under this contract and be subject to his liabilities there under.

6.16 The contractor shall give in writing to the proper person or authority with a copy to

the AGM(Transmission) such notification as may be mandatory or necessary in connection

with the commencement, suspension, resumption, performance and/or completion of the contracted work. All notice shall be given sufficiently in advance of the proposed

operation to permit proper co-relation of activities and the contractor shall keep all proper

persons or authorities involved and advised of the progress of operations through out the

performance of the work and/or with such other information and/or supporting figure and

data as may from time to time as directed or required.

6.17 The contractor shall not be entitled to any compensation whatsoever by reason of

suspension of the whole or any part of the work made necessary by the BSNL or deemed advisable on account of bad weather conditions or other force majeure conditions.

LABOUR WELFARE MEASURES AND WORKMAN COMPENSATION


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7.2.4. Labour records

7.2.4.1 The contractor shall maintain a Register of persons employed on work on contract

in Form XIII of the Contract Labour (R & A) Central Rules 1971.

7.2.4.2 The contractor shall maintain a Muster Roll register in respect of all workmen

employed by him on the work under Contract in Form XVI of the CL (R & A) Rules 1971.

7.2.4.3 The contractor shall maintain a Wage Register register in respect of all

workmen employed by him on the work under contract in Form XVII of the CL (R

& A) Rules 1971.

7.2.4.4 Register of accidents - The contractor shall maintain a register of accidents in

such form as may be convenient at the work place but the same shall include the

following particulars: a) Full particulars of the labourers who met with accident.

b) Rate of wages.

c) Sex

d) Age

e) Nature of accident and cause of accident. f) Time and date of accident.

g) Date and time when admitted in hospital.

h) Date of discharge from the hospital.

i) Period of treatment and result of treatment.

j) Percentage of loss of earning capacity and disability as assessed by Medical officer.

k) Claim required to be paid under Workmen’s Compensation Act.

l) Date of payment of compensation.

m) Amount paid with details of the person to whom the same was paid. n) Authority by whom the compensation was assessed.

o) Remarks.

7.2.4.5 The contractor shall maintain a Register of Fines in the Form XII of the CL (R & A) Rules 1971. The c o n t r a c t o r shall display in a good condition and in a

conspicuous place of work the approved list of acts and omission for which fines

can be imposed.

7.2.4.6 The contractor shall maintain a Register of deductions for damages or loss in Form

XX of the CL (R & A) Rules 1971.

7.2.4.7 The contractor shall maintain a Register of Advances in Form XXIII of the CL (R &

A) Rules 1971.

7.2.4.8 The contractor shall maintain a Register of Overtime in Form XXIII of the

CL (R & A) Rules 1971.

7.2.5 ATTENDANCE CARD-CUM-WAGE SLIP

7.2.5.1 The contractor shall issue an Attendance card cum wage slip to each workman

employed by him.

7.2.5.2 The card shall be valid for each wage period.

7.2.5.3 The contractor shall mark the attendance of each workman on the card twice

each day, once at the commencement of the day and again after the rest interval,

before he actually starts work.


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7.2.5.4 The card shall remain in possession of the worker during the wage period under

reference.

7.2.5.5 The contractor shall complete the wage slip portion on the reverse of the card at

least a day prior to the disbursement of wages in respect of the wage period

under reference.

7.2.6.6 The contractors shall obtain the signature or thumb impression of the worker on the wage slip at the time of disbursement of wages and retain the card with him.

8. Contract Labour License & EPF & MP Act 1952

The contract Labour License required for employing sufficient labourers to execute the

work may be obtained from the Asst. Labour Commissioner, Ernakulam. The provisions of

the Contract Labour (Regulation & Abolition) Act should be strictly adhered to while

engaging labourers for the work. A statement showing the number of labourers engaged on each day for the work executed

should be submitted on a monthly basis before 5th of succeeding month to this office. The

contractor should fulfill and comply with the terms of Employee’s Provident Fund and

Miscellaneous Provision Act 1952 in respect of the labourers / employees engaged by him

for execution of the BSNL works. The details of payment particulars of EPF should be

submitted along with the bill. Bid document along with the EPF registration Certificate only will be considered.


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SECTION VII

SCOPE OF WORK AND JURIDICTION OF CONTRACT

SCOPE OF THE WORK:

7.1. The work involves digging out old posts and stays, unfitting brackets, dismantling wires & cables etc and transporting these items to the new locations. The work also involves digging holes for erection of posts at new sites, fitting tubular posts, erecting posts, digging holes for stays, erecting, fixing and twisting stays, fitting 4w/Support brackets, erection of aerial cable, terminating aerial Optical fiber cable with optical splicing machine at customer end / Splitter location, tapping from existing Overhead OF joint and concreting the post base etc. without damaging to the existing system. Aerial optical cable i s to be erected with the support of GI wire. Aerial optical cable to be clamped with insulated supporting 16 SWG GI wire. The materials except AB Post/ GI pipe / OF cable have to be provided by the contractor.

7.2. The depth of the pits for erecting tubular posts should be such that, the vent hole of the socket, after erection of the posts should be above ground level. The sides of the pit should be tightly packed so that the post is straight. For fitting tubular posts, insert the top end of the „B tube in to the band at the bottom end of the A tube and ram the „B tube against a strong support, so that the tubes fit well. Socket B should then be fitted to the „B tube in the similar manner. BC posts should also be fitted in the similar fashion. Items will be supplied by BSNL.

7.3. The stays for the posts must be erected without disturbance to traffic for the stability of the alignment counterbalancing the wind pressure and load of aerial cable. The pits for erecting stays should be dug to such a depth that 30 cm length of the stay rod should be above the ground level after erection. The stays are to be erected using the standard components only. The SSNP should be cleaned and lubricated well before erection. A minimum of three strands of 5.60 mm dia. GI wire should be used for twisting the stays. The collaring should be with 3.55 mm GI wire.

7.4. The brackets are to be fitted to the posts using correct sizes of U clamps and saddles and the accessories are to be properly fitted and tightened. The bolts are to be tightened so that the brackets are straight and do not shake while erecting the cables. The minimum separation between brackets should be 9”. Items will be supplied by BSNL. BSNL advertising boards to be fixed on the AB posts as instructed by BSNL. The advertising boards will be supplied by BSNL.

7.5. The contractor will have to supply the necessary components required for concreting the post base. At places where normal depth cannot be achieved for erection of posts, proper RCC concreting in the dimension 0.5x0.5x0.5 cubic meter should be made around the post.

7.6. The optical aerial cable supplied by BSNL must be erected and clamped to the brackets/accessories. The quality and standard of o t h e r material supplied by the contractor should be got approved by the competent authority Divisional Engineer/AGM designated by BSNL, Palakkad. The aerial cable must be terminated properly in each post erected in the turnings of the road.

7.7 The aerial optical cable must be spliced at customer end /splitter as per the Requirement using optical splicing machine. Tapping from the existing overhead joint / overhead straight joint has to be carried out by contractor wherever required. The splicing machine and kit is to be arranged by the contractor.


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7.8 After the completion of work contractor has to ensure the quality and performance of the cable and work. The attenuation of every fibre of the newly laid cable by the contractor should be less than 0.2 dB per KM. Also the individual splice joint at each location should be less than 0.3 dB and the average splice loss should be 0.1 dB. The cable will be tested by BSNL to check the attenuation of fibre within the permissible limit of 0.43 dB per km.

7.9. The rates quoted for dismantling items should be inclusive of the charges for handling and transportation back to the SSA Store / nearest Exge. The contractors shall transport (including loading and unloading) all stores issued to him or supplied by him to the site of work. The contractor shall provide at his own cost all tools, plants, appliances, implements etc. required for proper execution of work.

7.10. The contractor should take possession of all the stores from the concerned officer in charge of the work and he should keep an updated account of all the stores received/utilized for the work and the balance with him. Contractor shall be responsible to return all the unused/recovered stores to the store dump of BSNL, before submission of the bill for the respective work, failing which, the cost of such items that are not returned shall be deducted from the bill/security deposit at the discretion of the General Manager Telecom, BSNL, Palakkad.

7.11. The responsibility of getting the stores to the work place and returning unused/recovered stores back to store lies with the contractor. Any loss or damage to BSNL as a result of non-observance of Government rules and regulations during the execution of the contract should be compensated by the contractor within the stipulated time. If the contractor is responsible for the delay in execution of the work, he will be charged @ 0 . 5 percent of the work order cost per day of delay in completion of the work subject to a maximum of 12 (twelve) percent of the work awarded.

7. 12.The contractor shall not assign or sublet in full or any part of the contract.

7.13. It will be responsibility of the contractor for obtaining permission from

Panchayats/Municipality/PWD/NHAI etc agencies for erection of posts/stays and aerial

cable laying. However payments, if any, on this account shall be payable by BSNL and

necessary help shall be extended by the officer in-charge of work.


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SECTION VIII

ANNEXURE - A

STANDARD SCHEDULE OF RATES

S.

No Description of the Item Scheduled Rate in Rs.

1

Erection of OF cable 4F/ 6F/24F aerially using accessories

including loading & unloading charges (OF cable will be

supplied by BSNL)

Rs 6/- one meter

2

Guarding with GI wire including 14swg insulated GI wire

including material. The quality and standard of the materials

should be got approved by the competent authority

Rs 7/- per meter

3

Erection of 16 swg insulated steel supporting wire including binding aluminium wires including supply of materials. (The

quality and standard of the materials should be got approved

by the competent authority)

Rs 7/-per meter

4 Digging of pits 85 cm deep and erecting one post with

brackets Rs 100/-


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ANNEXURE-B (Rates are fixed)

S. No Description of the Item Scheduled Rate in

Rs.

1 Digging out one post including loading & unloading Rs. 105/-

2

Supply of stay materials (3.5 mm GI wire & all other

accessories) and erection of stay by concreting for 1 x 1 x 1 feet with the mixture of 1:2:4

Rs. 1000/-per stay

3 RCC concreting for one post base(wherever necessary) Rs. 3750/- per cubic

meter

4 Transportation of posts to the work spot including loading,

unloading & handling upto 10 KM

i Upto 10Nos

Rs 500/-

ii Between 10 – 50 Nos

Rs 700/-

iii Beyond 50 Nos

Rs 950/-

5 Transportation of posts to the work spot including loading,

unloading & handling beyond 10 KM

i Upto 10 Nos Rs. 500/- + Rs. 40/-

per KM

ii Between 10 – 50 Nos Rs. 700/- + Rs. 50/-

per KM

iii Beyond 50 Nos Rs. 950/- + Rs. 60/-

per KM

6

Optical fibre splicing termination/ route joint/tapping including supply of termination box & fitting charges/ (Pigtails

will be supplied by BSNL) Splicing machine to be brought by

the contractor

Rs. 100/- per fibre

7 Digging of pits to a depth of 160 cm for opening of pits &

closing after the work / opening & closing duct chamber Rs 1000/- per no

8 Clamping of PLB Pipe vertically & horizontally including all

accessories. (BSNL will supply PLB pipes only) Rs. 20/- per Mtr

9

Clamping of PVC Pipe vertically & horizontally including

supply of all accessories & PVC pipes. (including Green flexible hose wherever necessary)

Rs. 45/- per Mtr

10 Laying drop fibre through existing conduit at the sub-premises

Rs. 6/- per Mtr

11 Connectorisation of drop fibre Rs. 15/- per

connectorisation

12 Fixing of ONT and UPS in the customer premises- Wall

mounting (including materials) Rs. 20/- each

13 Digging test pit to identify existing PLB pipe/cable

Rs. 100/- per pit

14 Trenching for short distance as per BSNL specifications

Rs. 150/- per Mtr

15 Pulling of 24F/6F/4F in the existing PLB alignment

Rs. 6/ mtr


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SECTION IX

Financial Bid

(In a separate sealed cover) To

The General Manager, BSNL Palakkad.

Sub: Financial Bid for laying Aerial Optical Fibre including supply, erection and testing

for FTTH Connection in Palakkad SSA

Ref : Tender No. Plg / CP / Limited Tender / Aerial OFC laying / 16-17/1 dt

Dear Sir,

Having examined the tender documents, terms and conditions stipulated therein

specifications of work etc., we the undersigned offer to execute the OF cable

construction works in conformity with the said specifications and conditions of contract at the percentage (Below/at par/above) on standard schedule of rates in respect of items

specified under Annexure-A of section VIII quoted as under.

BELOW

In figures………………………………………%

In words………………………………………..percent

OR

AT PAR

In figures………………………………………%


OR

ABOVE

In figures………………………………………%


If our Bid is accepted we shall submit the securities as per the conditions

mentioned in the contract. We agree to abide by this Bid for a period of 90 days from the

date of opening of financial bid and it shall remain binding upon us and may be accepted at any time before the expiry of that period.

Date: Signature of the Tenderer

Name of the Tenderer


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SECTION X

AGREEMENT

NIT No. Plg / CP / Limited Tender / Aerial OFC laying / 16-17/1 Dated 19.12.2016

The successful tenderer shall have to execute the following agreement:

* This agreement made on this ………………day of…………........(month)…………

year between M/S…………………………………………………………“herein after called The

Contractor” (which expression shall unless excluded by or repugnant to the context, include his successors, heirs, executors, administrative representative and assignee) of the

one part & the BSNL of other part.

Where as the contractor has offered to enter into contract with the said BSNL for the laying of Aerial OF cable including supply of accessories, erection and testing for providing FTTH connections in Palakkad SSA on the terms and conditions herein contained and the rates approved by the BSNL (copy of rates annexed) have been duly accepted and where as the necessary security deposits have been furnished in accordance with the provisions of the tender document and where as no interest will be claimed on the security deposit.

Now these presents witness and it is hereby agreed and declared by and between the

parties to these presents as follows.

1. The contractor shall, during the period of this contact that is to say

from……………..to ……………………………….……………or completion of work for Rs…………………….. (in words)………………………………………………………………whichever

is earlier or until this contact shall be determined by such notice as is hereinafter

mentioned, safely carryout, by means of labours employed at his own expenses and by

means of tools, implements and equipments etc. to be supplied by him to his labour at his

own expenses, all works as described in tender documents (annexed to the agreement),

when the BSNL or any other persons authorized by the GMT, Palakkad in that behalf require. It is understood by the contractor that the quantity of work mentioned on the

schedule is likely to change as per actual requirements as demanded by exigent of service.

2. The NIT (Notice inviting tender), Bid document, letter of intent, approved rates, annexed

hereto and such other additional particulars, instructions, work order as may be found

requisite to be given during execution of the work shall be deemed and taken to be an

integral part of the contract and shall also be deemed to be included in the expression

“The agreement” or the Contract wherever herein used.

3. The contractor shall also supply the requisite number of workmen with means & materials as well as tools, appliances, machines, implements, vehicles for transportation, cartage etc. required for the proper execution of work within the time prescribed in the work order.

4. The contractor hereby declares that nobody connected with or in the employment of the

BSNL is not/ shall not ever be admitted as partner in the contract.

5. The contractor shall abide by the terms and conditions, rules, guidelines, construction practices, safety precautions etc. stipulated in the tender document including


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any correspondence between the contractor and the BSNL having bearing on execution of work and payments of work to be done under the contract.

6. The cost of damages caused to public, private, BSNL Utilities or properties and life shall

be borne by the contractor.

In witness whereof the parties presents have here into set their respective hands and

seals the day and year in …………………………..

Above written :

Signed sealed & delivered

by the above named

contractor in the presence

of

Witness :

1.

2. Signed sealed & delivered on

behalf of the CMD, BSNL

by the

Witness :

1.

2.


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SECTION XI

Certificate of No Near Relatives in BSNL

I …………………………………….. S/o………………………………………….. hereby certify

that none of any relative(s) as defined in the tender document is/are employed in

BSNL. In case at any stage it is found that the information given by me is

false/incorrect, BSNL shall have the absolute right to take any action as deemed

fit/without any prior intimation to me.

Signature of Tenderer :

Name& Address


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SECTION XII

Letter of Authorization for attending Bid Document

(To reach Assistant General Manager (P) before date of bid opening)

To

Assistant General Manager

(NWP) O/o GMT , BSNL

Palakkad-14

Sub: Authorization for attending bid opening on------------- (date) - reg

Ref: Tender No. Plg / CP / Limited Tender / Aerial OFC laying / 16-17/1 dt 19.12.2016

Following persons are hereby authorized to attend the bid opening for the tender

mentioned above on behalf of

(Bidder) in order of preference given below.

Order of Preference Name Specimen Signatures

I.

II.

Alternate

Representative

Signatures of bidder

Or

Officer authorized to sign the bid

Documents on behalf of the bidder.

Note: 1. Maximum of two representatives will be permitted to attend bid opening. In

cases where it is restricted to one, first preference will be allowed. Alternate representative will be permitted when regular representatives are not able to

attend.

2. Permission for entry to the hall where bids are opened may be refused in case

authorization as prescribed above is not recovered.


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SECTION XIII

FORMAT FOR THE PERFORMANCE BANK GUARANTEE

(To be typed on Rs.200/- non- judicial stamp paper)

Re: Bank Guarantee in respect of the tender for the laying of aerial OF cable including

supply, erection and testing for providing FTTH connections in Palakkad

SSA Dated 19.12.2016

………………………..between Bharat Sanchar Nigam Limited and

M/s

……………………………………………………………………………………………………………….

having its

Registered Office at ……………………………………………….(hereinafter called CONTRACTOR)

has entered into an agreement dated ……………………….(hereinafter referred to as “ the

said agreement “) with M/s Bharat Sanchar Nigam Limited (BSNL in short)( A Government of India Enterprise) with Corporate office at Harish Chandra Mathur Lane, Janpath, New Delhi -110001 and having Telecom Circle Office at ………………..through CGMT

………………. Whereby BSNL has agreed to appoint CONTRACTORS for providing BSNL services on the terms and conditions exclusively mentioned therein for the SSA

…………………………………………………… It has been agreed between the parties that a Bank Guarantee equivalent to 5% of

the contract amount shall be given by the CONTRACTOR in favour of the BSNL for due and faithful performance of the terms and conditions of the said agreement.

………………………………………………………….Bank having its office at

………………………………… has at the request of the CONTRACTOR (M/s ………………………………………………..), agreed to give the guarantee as hereinafter

contained:

1. We ,……………………………………………(hereinafter called “the Bank”) do hereby

undertake and assure to the BSNL that if in the opinion of the BSNL , the CONTRACTOR

has in any way failed to observe or perform the terms and condition of the said

agreement or has committed by

breach of its obligations there-under, the Bank shall on demand and without any

objection or

demur pay to the BSNL the said sum of Rs. -------- /-(Rupees……………………………….) or

such lesser amount as BSNL may demand without requiring BSNL to have recourse to any legal remedy that may be available to it compel the Bank to pay the same.

2. Any such demand from the BSNL shall be conclusive as regards the liability of

CONTRACTOR to pay to BSNL or as regards the amount payable by the Bank under this

guarantee. The Bank shall not be entitled to withhold payment on the ground that the

CONTRACTOR had disputed its liability to pay or has disputed the quantum of the amount or that any arbitration proceeding or legal proceeding is pending between CONTRACTOR

and BSNL regarding the claim.

3. We , the Bank further agree that the guarantee shall come into force from the date

hereof and shall remain in full force and effect for the period of eighteen months from the

date of commencement of the agreement or the term of his guarantee whichever is later.

But if the period of the said agreement is extended either pursuant to the provisions in the said Agreement or by mutual agreement between the CONTRACTOR and the BSNL


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, the Bank shall automatically renew the period of the Guarantee for such period which

express six months after the renewed period of the said agreement failing which it shall

pay to the BSNL the said sum of Rs…../- (Rupees…………………….only) without BSNL demanding the payment of the above sum.

4. The Bank further agrees that the BSNL shall have the fullest liberty without the consent of the Bank and without affecting in any way the obligations hereunder to vary

any of the terms and conditions of the said agreement or to extend the time for

performance of the said agreement from any of the powers exercisable by BSNL against the

CONTRACTOR and to forebear to enforce any of the terms and conditions relating to the

said agreement and the Bank shall not be relieved from its liability by reason of such failure or extension being granted to CONTRACTOR or through any forbearance, act or

omission on the part of BSNL or any indulgence by BSNL to CONTRACTOR or any other

matter or thing whatsoever which under the law relating to sureties would but for this

provision have the effect of relieving or discharging the guarantor.

5. The Bank further agrees that in case this Guarantee is required for a larger period and

it is not extended by the Bank beyond the period specified above in Clause 3 , the Bank

shall pay to

BSNL without BSNL having to demand the payment of the said sum of Rs ……..

(Rs.

…………………….) on the last day on which the Bank Guarantee is due to

expire.

6. Notwithstanding anything herein

contained;

a) The liability of the Bank under this guarantee is restricted to Rs………/- (Rs.

………………) and it will remain in force for a period of 18 months ie. Up

to…………………

b) The guarantee shall stand completely discharged and all rights of the BSNL

under this Guarantee shall be extinguished if no claim or demand is made on us in writing on or before…………………….

7. The Bank guarantee under its constitutional power to give this guarantee and

……………………………………………………………and …………………………………………who

have signed it

on behalf of the Bank have authority to do so.

(Authorized signature of the Bank Official ) Power of Attorney

General : Dated : at


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SECTION XIV

MANDATE FORM FOR TRANSFER OF PAYMENTS THROUGH ELECTRONIC

CLEARANCE / ELECTRONIC FUND TRANSFER SCHEME.

To

The General Manager

BSNL, Palakkad-14

Sir,

Kindly pay any amount due to us to our Bank Account as detailed below either by

Electronic Clearance/Electronic Fund Transfer mode and the payments shall continue to be made in our below mentioned account till a change is requested by us. The

service charges, if any, levied by the bank will be borne by us. We also declare that the particulars given below are correct and complete. If the transaction is delayed, or, not

effected at all for incomplete information, we would not hold BSNL responsible.

1. Name of the Company / Firm :

2. Address :

3. Name of the Bank :

4. Name of the Branch :

5. Branch Code :

7. Type of Account :

8. Account Number :

9. Bank Address :

10. Bank Telephone No.(& Code) :

Date Name & Signature of the Authorised Signatory with seal

Note: A Blank cancelled cheque leaf shall be attached along with the Mandate Form

(To be filled by the Bank Authorities)

Certified that the particulars furnished above are correct as per our records

Bank Seal : Signature of Manager / Authorised Officer

Date :