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Signature of bidder

BHARAT SANCHAR NIGAM LIMITED (A Govt. of India Enterprise)

Bid Document

Tender No. AGM (MP)/E-TENDER/BATTERY_I&C/2018-19/1 dated 07.06.2018

E-Tender for Installation and Commissioning of

Battery and its associated works at BTS sites in

THRISSUR BA.

Office of Principal General Manager Telecom

BHARAT SANCHAR NIGAM LIMITED Thrissur Telecom District.

(Visit us at www.kerala.bsnl.co.in & www.tenderwizard.com/BSNL)

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Signature of bidder

TABLE OF CONTENTS Section Content Page No. TECHNICAL BID DOCUMENT 2- 35

I Notice inviting Tender 3-4 II A Scope of Work 5 II B Technical Specifications 6 II C Schedule of Requirements 7

III A Instructions to Bidders 8-15 III B E-tendering Instructions to Bidders 16-19 IV General and commercial conditions of contract 20-28 V BID Form 29 VI Bidders Profile 30 VII Certificate of no near relatives in BSNL 31

VIII Agreement 32 IX Letter of authorization for attending bid opening 33

X Performance Bank Guarantee 34-35 XI Mandate form for transfer of payments through 36 Electronic fund transfer scheme XII Certificate for downloaded document from interne 37 XIII Letter to refund EMD and Pre Receipt 38 XIV Vendor Master Form 39-40 XV Undertaking & Declaration 41 XVI Declaration on clause by clause compliance 42

FINANCIAL BID DOCUMENT XVII Rate quoting chart 43

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Signature of bidder

(A Govt. of India Enterprise)

O/o THE PRINCIPAL GENERAL MANAGER TELECOM, BSNL, TUDA Road , Thiruvambady.P.O, Thrissur-680 022

Tender No. AGM (MP)/E-TENDER/BATTERY_I&C/2018-19/1 dated

07.06.2018

SECTION 1

NOTICE INVITING TENDER

Digitally sealed e-Tenders are invited by Principal General Manager Telecom, BSNL, Thrissur from reputed and experienced firms/companies/agencies/ contractors having valid PAN/GST Registration Number (Not under Composite Scheme) for the installation and commissioning of battery sets and its associated works at BTS sites in Thrissur BA . 1 Nature of work Installation and commissioning of battery sets and its

associated works at BTS sites in Thrissur BA .

2 Period of contract One year from the date of agreement which can be extended further for a period of one year .

3 Time and last date of On line submission of Bid

Up to 14.30 Hrs. on 28.06.2018

4 Time and Date of Physical Submission of Technical Bid

15.00 Hrs on 28.06.2018

5 Time & date of opening Technical Bid.

15.30 Hrs on 28.06.2018

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Eligibility condition As per Clause 2 of Section III A

7 Venue of Tender Opening O/o AGM(MP), BSNL Sanchar Bhawan, Kovilakathumpadam, Thrissur -680022

8 Cost of Bid Document Rs.590/- ( Rs. 500+GST 18%) (Non-refundable) 9 Estimated cost 4,94,500/- (Rupees four lakhs ninety four thousand and five

hundred only) 10 Bid Security/EMD 10,000/- (Rupees ten thousand only)

1. Note: In case the last date of submission /opening of bid is declared to be a holiday, last date

of submission / opening of bid will get shifted automatically to next working day at the same scheduled

time. Any change in bid submission/ opening date due to any other unavoidable reasons will be notified

through the BSNL web site and/or e-Tender Portal and/or newspapers

2. The Tender document can be downloaded from the website: www.tenderwizard.com/BSNL and

to be submitted in e-format. Cost of Tender Document and Earnest Money Deposit (EMD) should be

paid in the form of crossed DD issued by Nationalized / Scheduled Bank in favour of ‘’ The Accounts

Officer (Cash), O/o The PGMT, BSNL, Sanchar Bhavan, TUDA Road, Kovilakathumpadam Thrissur

680022’’ payable at Thrissur.

The tender documents shall be issued to MSME bidders free of cost provided the tendered items are listed in the Registration Certificate of MSME.The MSE units registered with the designated MSME

http://www.tenderwizard.com/BSNL

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bodies , like National Small Industries Corporation (NSIC) etc shall be given exemption from payment of Bid Security deposit, provided the tendered items are listed in the Registration Certificate of MSME. A proof regarding current registration with the designated MSME bodies , like District Industries Centers or with National Small Industries Corporation (NSIC) for the tendered items will have to be attached along with the bid. The enlistment certificate issued by bodies registered under MSME like District Industries Centers or National Small Industries Corporation (NSIC), should be current and valid on the date of opening of bid.

3 The scanned copies of the Demand Draft towards EMD/BID security, cost of bid document have to be uploaded in the e-Tender Portal of M/s ITI.

4 Intending bidders are requested to register themselves with M/s. ITI Limited through the website

www.tenderwizard.com/BSNL for obtaining user-id, Digital Signature etc., by paying Vendor

registration fee and processing fee for participating in the above mentioned tender.

5. BSNL has decided to use the process of e-tendering for inviting this tender and thus the physical copy of the tender would not be sold. Bidders may note that the tender document can be downloaded from the website www.tenderwizard.com/BSNL or following the "Tenders" link of the website www.keralatelecom.com from 14.00 hrs on 08.06.2018 to 14.30 hrs on 28.06.2018

6. The bidders shall furnish a declaration that no addition / deletion / corrections have been

made in the downloaded tender document being submitted and it is identical to the tender document

appearing on Web-site (www.tenderwizard.com/BSNL) as per Section XII.

7. In case of any correction/ addition/ alteration/omission is found in the tender document the

tender bid shall be treated as non-responsive and shall be rejected.

8. The documents as listed in clause 5(i) of Section IIIA should be uploaded in the E-Tender Portal.

9. BSNL has adopted e-tendering process which offers a unique facility for, Public Online Tender

Opening Event (TOE), BSNL’s Tender Opening Officers as well as authorized representatives of bidders

can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices. However, if

required, bidders or their authorized representatives can attend the Tender Opening Event at the

Office of Asstt. General Manager (MP), O/o Principal General Manager Telecom, BSNL, 2nd Floor,

BSNL Sanchar Bhavan, Kovilakathumpadam , Thrissur - 680022 where BSNL’s Tender Opening

Officers would be conducting Public Online Tender Opening Event (TOE).

10. Incomplete, ambiguous, Conditional tender bids are liable to be rejected. 11. Amendments, if any, to the tender document will be notified in the above website as and when such amendments are notified. It is the responsibility of the bidders who have downloaded the tender document from the website to keep themselves abreast of such amendments before submitting the tender document.

12. BSNL reserves the right to reject any or all tenders without assigning any reason what so ever. BSNL reserves the right to award any route to any contractor according to the priority of work. If any contractor fails to complete the work awarded within the stipulated time, BSNL reserves the right to award the work to other approved contractor, at the approved rate, based on performance and also have the right to increase or decrease the quantum of work up to 25% of the total requirement without any change in the rate or other terms and conditions at the time of award of contract or during the operation of contract 13. The basic rate quoted should be inclusive of transportation, loading, unloading charges, etc. excluding GST. The contractor should intimate GST Registration details.

14 The tender, which is not accompanied by the requisite EMD and cost of tender form, shall be summarily rejected. For further details visit website www.tenderwizard.com/ www.keralatelecom.com.

Sd/-

Assistant General Manager (MP) O/o GMT, BSNL, Thrissur -680 022

Tele. No.0487-2222150

http://www.tenderwizard.com/BSNLhttp://www.tenderwizard.com/http://www.keralatelecom.com/

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SECTION II-Part A

SCOPE OF WORK

A. General :

Tender for BTS Battery Installation, Commissioning and its associated works at various

GSM sites in Thrissur SSA

Scope of Work:

1.1 The tendered work involves the installation and commissioning of battery sets of different capacities (400AH & 600AH) at the existing indoor and outdoor BTS sites in

Thrissur SSA .

1.2 The work also involves transportation of battery banks of different capacities from different store locations to individual BTS sites and also dismantling of old batteries

from BTS sites and its transportation to stores, located at BSS divisions, as directed by

concerned Officer-in-Charge.

1.3 The bidder/contractor has to assist the BSS team in conducting the battery A/T.

1.4 The contractor/bidder is required to transport the battery from respective stores available in each BSS divisions to individual BTS sites for installation,

2. TIME ALLOTTED FOR THE WORK

2.1 The work should commence within 7 days from the date of issue of work order by the concerned DE BSS and it should be completed strictly as per the time-frame.

3. CONSTRUCTION SPECIFICATION

3.1 GENERAL CONDITIONS

3.1.1 All the tools should be got arranged by the contractor/supplier at his cost

3.2 Transportation of Stores

3.2.1 The transportation of batteries are required to be carried out by the contractor/bidder.

3.2.2 Utmost care shall be taken to ensure that the batteries are transported safely and any packing/additional packing required shall be provided.

3.3 Handing Over of completed Works

3.3.1 The works ordered on the contractor/supplier shall be completed within the time prescribed IN THE WORK ORDER and the same shall be handed over to the SDE-

in-charge of the site duly recording the date of such completion. The date thus

recorded will be taken for calculation of any delay incurred for the purpose of

calculation of penalties/Liquidated Damages as applicable as per the relevant terms

and conditions.

3.4 Acceptance Testing

3.4.1 The acceptance testing will be undertaken by BSNL, but all the required manual assistance at the site shall be provided by the contractor/supplier if the acceptance

testing is carried out within two months of handing over of the completed works to

BSNL.

3.4.2 After installation if any damages / performance of the battery is found deteriorated within 3 months of installation, the vendor shall be responsible for

replacement/rectification as the case may be.

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SECTION II-Part B

TECHNICAL SPECIFICATIONS

A. Technical specifications: The detailed scope of the works involved in the Tender are given below.

1.1. Installation & Commissioning of Battery for indoor & outdoor BTSs

1.1.1. The work involves installation of battery bank/banks connecting the batteries to the power plant and extending earths to batteries.

1.1.2. The battery set of any capacity along with all the associated accessories shall be installed as per the installation procedure of the respective manufacturer and instructions of BSNL. Batteries have to be handled with extreme care and shall be positioned appropriately so that their large weight does not damage the floor. Additional support, below the shelter floor, as required shall be provided in the case of installations inside prefab shelters so that there is no risk of floor sinking at a later stage due to the weight of the battery banks.

1.1.3. The initial freshening charge and discharge should be done strictly according to the specification of the manufacturer.

1.1.4. Interconnections with power plant using cable of suitable gauge shall only be used. Interconnections with power plant should be properly done. Appropriate crimping tools should be used to ensure proper contacts. Insulation tapes of the same colouring of the cable installation should be wound at the lugged places so that all the exposed places other than what is essential to make proper contact are fully and securely insulated.

1.1.5. Cut off switch/ isolation point (with proper tools such as extractors etc.) for both positive and negative terminations are to be provided for each battery set. The body of the battery stand shall be earthed properly from the common earth point. The alignment and leveling of battery sets shall be properly done.

1.1.6. There should not be any damage to the battery cell(s). All interlinking nuts and bolts, lugs should be firmly tightened and fine quality grease should be applied for avoiding rusting. The details of installation of battery like Capacity, Date of commissioning, etc. should be labeled as per the direction of the BSNL Engineer-in-charge. Polarity sign writings should be made. Cell identification numbering is to be done.

1.1.7. Battery, stand, connecting links, DC cables, will be supplied by BSNL. All other materials for the work are to be arranged by the contractor/supplier.

1.1.8. In the case of dismantling of battery bank/banks there should not be any damage to the battery cell(s). All interlinking nuts and bolts, lugs should be loosened and removed carefully. All the dismantled items should be packed for transportation to the new site for redeployment. Dismantling & packing should be done as per the direction of the BSNL Engineer-in-charge.

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SECTION II Part C

SCHEDULE OF REQUIREMENTS

a) Quantity:- Approximate only

SL.

No

Nature of work Estimated

Quantity (in set)

1

Installation and commissioning of battery of

400AH after dismantling the old battery of any

capacity, including transportation/handling

charges of new battery from designated stores

to individual BTS sites in Thrissur BA

52

2

Installation and commissioning of battery of

600AH after dismantling the old battery of any

capacity, including transportation/handling

charges of new battery from designated stores

to individual BTS sites in Thrissur BA

15

3 Transportation/handling charges of idle/dismantled 200/300AH battery sets from

BTS sites to designated location in Thrissur BA

5

4 Transportation/handling charges of

idle/dismantled 400/600AH battery sets from

BTS sites to designated location in Thrissur BA 35

1 Area of work- At various BTS locations in Thrissur BA, as specified in the work order

2. BSNL shall have the right to increase or decrease the quantum of

work up to 25% of the total requirement without any change in the rate or other terms and conditions at the time of award of contract or

during the operation of contract

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SECTION III-A

Instruction to Bidders

Tender Schedule for installation and commissioning of Battery and its associated works at BTS sites in Thrissur BA .

PREAMBLE: For and on behalf of Bharat Sanchar Nigam Limited, The Principal General Manager, BSNL, Thrissur BA invites online Tenders on 2 bid system

from the eligible reputed and experienced firms, companies, agencies or contractors with two years experience in similar work with valid PAN and GST Registration Number ( Not under Composite Scheme).

2.ELIGIBILITY

a) Intending bidders should be registered company under the Indian Companies Act 1956/ Partnership firms/Sole proprietary firms/reputed and experienced

contractors/suppliers rending tendered services to BSNL/MTNL or any other Telecom Service Providers in India

b) Bidder should have successfully executed similar /related works with any of the Telecom service provider/Telecom Infra Provider at least for two years

during any of the previous five years with effect from 01.04.2012. The documentary proof in original for this shall be submitted by the bidder, signed by the authorized signatory of the company. In the case of BSNL, the

certificate shall be obtained from an officer not below the rank of DE/AGM

c) The bidder Should have valid PAN &GST registration(not under composite scheme)

d) The Bidder should not have been black-listed by central/ state governments/

PSUs. A self declaration may be submitted along with the bid document.

The bidders shall submit necessary documentary proof showing that they meet the eligibility criteria along with their tender bid. All documents submitted will also be self attested by the bidder.

3.TENDER SUBMISSION

3.1 The entire bid-submission would be online on ETS. Broad outline of submissions are as follows:

a) submission of Bid Security/Earnest Money Deposit (EMD)

b) submission of digitally signed copy of tender Documents/Addendum/Addenda.

3.2 Tender is invited under two envelopes system. The first electronic envelope will be name as Techno Commercial envelop and will contain documents of

bidder’s satisfying eligibility/Technical and commercial conditions and 2nd electronic envelope will be name as financial electronic envelope containing financial quote. The Techno Commercial envelope shall contain one set of the

documents as per clause 5(i) of Section IIIA. The financial part of bid shall contain one set of the complete Rate Quoting Chart as per Section XVII.

3.3. The bidder is requested to submit the documents offline as per Clause

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5(ii) of Section IIIA to AGM(MP), O/o THE PRINCIPAL GENERAL MANAGER

TELECOM, BSNL Sanchar Bhavan, TUDA Road, Thrissur 680 022 in a sealed envelope on or before the date and time of submission of bid specified in

the NIT. The envelope shall bear the project name, the tender number

and the words “Do not open before (due date and time). 3.4. The envelope can be sent by registered post or can be directly dropped in the tender box provided in this office for this purpose on or before the due date

and time. Delay in postal transit will not be accepted as a valid reason for condoning the delay in submission of the tender.

3.5 Last date for submission of Tender offer is 14.30 hrs on 28.06.2018 (Online) & 15.00 Hrs on 28.06.2018 ( Offline ).

3.6. The tenderer is requested to sign in all pages of the tender document before submission of the tender as a token of having read the tender

documents fully and understood. 4. EARNEST MONEY DEPOSIT

4.1. EMD specified for the of work as per NIT should be paid and enclosed with

the Tender offer. 4.2. EMD should be deposited in the form of an “Account Payee” Crossed Demand Draft drawn on any Nationalized Bank / Scheduled Bank, in favour of

AO (Cash), o/o the Principal General Manager, BSNL, Thrissur-22 payable at Thrissur

4.4. The Demand Draft for the EMD amount in original should be attached to

the tender Offer. No other mode of payment for EMD will be accepted. 4.5. The EMD will not carry any interest, while it is in the custody of BSNL.

4.6. The EMD will be refunded / returned to the unsuccessful tenderers after

finalization of tender and on production of Advanced Stamp Receipt. 4.7. The EMD of the successful tenderer will be treated as part of Security

Deposit if the tenderer wishes so.

4.8. The EMD will be forfeited if the successful tenderer does not pay the Security Deposit in time and execute the Agreement. Also he will not be eligible to participate in the tender for the same work for one year from the date of

intimation to pay the security deposit.

4.9 The EMD will be forfeited if the tenderer withdraws the tender before finalization of the tender.

5.DOCUMENTS TO BE SUBMITTED ALONGWITH THE TENDER : 5(i) Documents to be scanned and uploaded in the E-Tender portal (For Technical bid)

a) Scanned copy of Bank draft for EMD and Tender Document fee payment.

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b) Scanned copy of original experience certificate as specified in clause 2 in section IIIA.

c) Self attested copy of valid PAN Card d) Self attested copy of GST Registration Certificate

e) Self attested copy of the registration of the firm.

f) Self attested copy of Articles and Memorandum of Association,

Partnership Deed or proprietorship deed as the case may be. g) Certificate of Incorporation in case of Private/Public Limited

Companies h) Self declaration regarding non blacklisting as per clause 2(e) of

section IIIA i) Self attested copy of valid MSE Certificate if applicable

5 (ii) Documents to be submitted offline (For Technical bid) to AGM (MP), O/o PGMT, BSNL, Thrissur.

a) Tender documents in original duly filled in and signed and sealed on

all pages by tenderer. b) Bank draft for EMD and Tender Document fee payment

c) Experience certificate in original as specified in clause 2 in section IIIA.

d) Self attested copy of valid PAN Card

e) Self attested copy of GST Registration f) Self attested copy of the registration of the firm

g) Self attested copy of Articles and Memorandum of

Association, Partnership Deed or proprietorship deed as the case may be.

h) Certificate of Incorporation in case of Private/Public Limited Companies

i) Self attested copy of non blacklisting as per clause 2(e) of section IIIA j) Self attested copy of valid MSE Certificate if applicable k) Certificate for near relatives not working in BSNL by bidder as per

Section VII

l) Letter of authorization for attending bid opening. m) Tenderer/bidder’s profile duly filled and signed . n) Bid form duly filled and signed

o) Certificate for downloaded document from internet as per Section XII p) Undertaking & Declaration as per Section XV

q) Mandate for transfer of payment (Section XI) r) Letter for refund of EMD (Section XIII) s) Vendor Master Form duly filled in and signed.

t) Original Power of Attorney in case person other than the tenderer has signed the tender document.

u) Clause by clause compliance as per section XVI Original documents may be produced if demanded for verification.

RATE QUOTING CHART UNDER SECTION XVII (FINANCIAL BID) SHOULD BE

SUBMITTED ONLINE ONLY.

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6. DATE OF OPENING

6.1. Technical bid will be opened in the presence of Bidders present on the due date of opening mentioned in Notice Inviting Tender. The time ,

Date and venue of the opening of Financial Bids will be intimated only to those bidders whose Technical Bid is accepted after evaluation of details

and documents furnished as per clause 5. Rate should be quoted as per the Rate Quoting Chart at Section XVII

6.2. If the Office remains closed or is not able to function due to unexpected reasons the tender will be opened at the same time on the next working

day. 6.3. Any tender received after the deadline for submission of bids prescribed

by BSNL THRISSUR as in Clause 3.5 shall be rejected and returned to the tenderer.

6.4. If representative / authorized person of the bidder is to attend the bid

opening an authorization letter to this effect must be produced by him

before he is allowed to participate in the bid opening. “AUTHORISATION LETTER” format is enclosed in the tender offer.

6.5. BSNL Thrissur reserves the right to disqualify such tenderers who have a

record of not meeting contractual obligations against earlier contracts

entered into with the BSNL or not meeting the Tender conditions for the tender floated by BSNL.

7. REJECTION OF OFFER

7.1 All tenders in which any of the prescribed conditions are not fulfilled or incomplete in any respect are liable to be rejected.

7.2 If any clause is found added or altered the tender will be rejected

7.3 The bidder is expected to examine all instructions, terms and conditions.

Failure to furnish any information required as per the tender conditions or

submission of the tender schedule not substantially responding to the tender condition in every respect will be at the bidders risk and shall

result in rejection of the tender. 8. RATE QUOTING METHOD

8.1. The bidder shall quote for all the items. The quoted rates are

applicable to Ground Based Towers (GBTs). Additional 10% of the basic price with applicable taxes will be paid for Roof Top Towers

(RTTs ) 8.2. Any ambiguity in rates shall make the tender invalid. No clause should be

added or altered in the rate quoting chart. Conditional tenders will not be

accepted 8.3. The rate approved is fixed during the entire period of contract and shall

not vary on any account.

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8.4. No separate claim for transportation charges, tollgate fee etc., that the tenderer pays to the State / Central Government / Local

Authorities or any other agency shall be entertained. 8.5 The rates are to be quoted clearly as per the financial bid . The basic rate

quoted should be inclusive of loading, unloading, transportation, labour

charges etc but excluding GST. GST applicable may be quoted separately n the Rate Quoting Chart (Section XVII). The offer shall be firm in Indian

Rupees. 8.6. The Bid should contain complete information for costing the value of items

and services offered in response to this NIT, including Warranty. The rate-quoting chart should contain the firm and final rates in clear and

unambiguous terms. The offer should be quoted only in the rate-quoting format in Section XVII. Prices quoted in other than the prescribed form of the rate-quoting format will be rejected and will not be considered for

evaluation.

9. EVALUATION 9.1 ‘BSNL’ shall evaluate the bids to determine whether they are complete,

whether any computational errors have been made, whether required sureties have been furnished, whether the documents have been properly

signed and whether the bids are generally in order.

9.2 If there is discrepancy between words and figures, the amount in words shall prevail. If the Contractor does not accept the correction of the errors, his bid shall be rejected.

9.3 Prior to the detailed evaluation, pursuant to clause 9, the ‘BSNL’ will determine the substantial responsiveness of each bid to the bid document.

For purpose of these clauses 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 itself without recourse to extrinsic evidence. 9.4 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.

9.5 The ‘BSNL’ may waive any minor infirmity or non-conformity or irregularity

in a bid, which does not constitute a material deviation, provided such waiver, does not prejudice or affect the relative ranking of the bidder.

10. EVALUATION AND COMPARISON OF SUBSTANTIALLY RESPONSIVE BIDS:

10.1 The purchaser shall examine the bids to determine whether these are

complete and are generally in order without computational errors,

with required enclosures and appropriate documents. Bids without quoting for all the items will not be evaluated..

11 .Evaluation Criterion

11.1 Evaluation will be made on the basis of quantity X rate quoted for each item, ie, on the basis of the total cost obtained by multiplying the

quoted rate for each item of work with quantity of work and then

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Signature of bidder

summing up the amount quoted for carrying out the whole work , but excluding GST.

11.2 It may be noted that the methodology given in clause 11.1 is applicable only for the purpose of evaluation of bids and shall have

no bearing on actual quantum of work offered /total payment to be made .

11. SECURITY DEPOSIT The successful tenderer should remit a Security Deposit equivalent to 10 % of the total tendered amount within 7days from the date of receipt of

communication regarding the acceptance of the tender by cash at O/o PGMT, BSNL, Thrissur. This security deposit is payable in the following forms also.

a. By crossed Demand Draft obtained from any Nationalized / Schedule

Bank drawn in favour of Accounts Officer(Cash), O/o P.G.M.T, BSNL,

Thrissur-680 022 payable at Thrissur

b. The Security Deposit can also be given in the form of Bank Guarantee obtained from a Nationalised / Scheduled Bank valid for a period of 24 (twenty four) Months.

c. This amount will be kept as Security Deposit for a period of 18 months or

till the satisfactory completion of the contract whichever is later. Failure to pay the security deposit within the specified time will entail the forfeiture of EMD and also rejection of the tender.

d. If the tenderer withdraws the tender during the currency of the tender

period, the Security Deposit will be forfeited.

e. Forfeiture of security Deposit.

i) In case of the documents submitted is found false / forged at any

stage, the Security Deposit will be forfeited. ii) If the contract is terminated by the BSNL due to poor quality of work or

negligence /poor workmanship/ misbehavior / bad act of the contractor / his person or non-observing of the provisions stipulated in the contract, the

Security Deposit shall be forfeited. iii) If the contractor is found violating any law / rule related to work and

workman and report in this regard is received from the competent authority indicating the contractor for violation of any law / rule the

Security Deposit shall be forfeited without prejudice to any other action as per provisions of the contract.

iv) If the tenderer withdraws the tender during the currency of the tender

period, the Security Deposit will be forfeited.

v) If the contract is terminated for breach of contractual obligations, the security deposit shall stand forfeited. This is without prejudice to any other action to recover the losses/ damages against the contractor, as BSNL may

be deem fit, as per the provisions of the contract

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f. If the contractor fails to undertake the work within the time limit mentioned,

the Security Deposit will be forfeited.

g. If the contractor fails to rectify the defect in the work done as ordered by the BSNL or fails to make good the damage done to the assets of BSNL while executing the work, the recovery to the extent of cost of rectification or

damage done as assessed by the head of BA shall be recovered from the pending bills / Security Deposit. The assessment on recoveries made by the

head of the BA shall be final and binding on the contractor. h) The performance Security Deposit & EMD unless forfeited to the BSNL in

part or in full will be refunded after meeting all the contractual obligations of the warranty period of the goods supplied.

12. AWARD OF CONTRACT, PLACEMENT OF ORDER

12.1 The BSNL shall consider award of contract only to those eligible bidders

whose offers have been found technically, commercially and financially acceptable.

12.2 The work against the tender is for one year requirement and the terms

and conditions of this tender shall be operative for a period of one year from the date of signing of agreement between the BSNL and the contractor. The tender period can be extended further for a period of one year at the same

rates, terms and conditions. In case of extension of period of tender agreement corresponding extension of bank guarantee is to be ensured.

12.3 If required, Principal General Manager has the power to distribute the work to contractors whose offers have been found technically, commercially

and financially acceptable in the ratio 60:40 to L1 and L2 at the approved L1 rates. The ratio can also be decided by PGMT. The decision of PGMT in this regard is final and binding

12.4 The bidder shall within 7 days of issue of LOI give its acceptance and

furnish security deposit and sign the contract with BSNL. The signing of

contract shall constitute the award of the contract on bidder.

12.5. BSNL shall enter into agreement with the successful bidder, based on the terms and conditions of the bid document. The agreement shall be executed in non judicial stamp paper for Rs.200/-. The cost of the stamp paper shall be borne by the bidder. The successful tenderer has to complete the work ,

within the time frame, as specified in the work orders issued by concerned DE BSSs. .

12.6 After award of contract to the approved bidder the officer designated by

the SSA head/competent authority shall issue the work orders commencement of the work. The time allowed for execution of work will be

specified in the work order given by concerned DE BSSs , 13. PURCHASER’S RIGHT TO VARY QUANTITIES

13.1 BSNL shall have the right to increase or decrease the quantum of work

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Signature of bidder

up to 25% of the total requirement without any change in the rate or other terms and conditions at the time of award of contract or during the

operation of contract.

14. AGREEMENT 14.1. The successful tenderer will be required to execute an agreement in a

Non-judicial stamp paper of Rs. 200/- within the time frame stipulated by PGMT BSNL, Thrissur-680 022 or his authorized representative.

14.2 The BSNL reserves the right to add / delete / modify the clause in the

agreement.

15. VALIDITY

15.1. The bid shall remain valid for acceptance 180 days from the date fixed for bid opening and it will remain binding upon the bidder and is to be accepted at any time before the expiry of the period. A bid valid for a shorter period

shall be rejected by BSNL as non-responsive.

15.2. The period of contract shall normally be one year from the date of awarding of the tender but can be extended for a further period of one year

or till such time a fresh tender is finalized whichever is earlier at the same rate with the same terms and conditions.

15.3 The rate once approved will not be changed under any circumstances. No upward revision of rate is allowed during the entire period of contract.

16. MODIFICATIONS AND WITHDRAWALS OF BIDS ONCE SUBMITTED:

16.1. Any bidder can modify, substitute or withdraw his bid after bid submission, provided that written notice of such modification or withdrawal is received by

the designated officer “PRIOR” to the deadline fixed for submission of bids (i.e. closure of tender box)

16.2. Such bidders modifications / substitutions or withdrawal notice, should also be submitted in writing, and delivered in sealed and marked envelope

and dropped in tender box before deadline fixed for submission of original bids. The said sealed envelope is to be additionally marked as “MODIFICATION” OR “WITHDRAWAL” along with other particulars of bidder

and date of original bid. 17. CONTACTING THE PURCHASER

17.1 No bidder shall try to influence the Purchaser on any matter relating to its

bid, from the time of the bid opening till the time the contract is awarded.

17.2 Any effort by the bidder to modify his bid or influence the purchaser in the

Purchaser’s bid evaluation, bid comparison or contract award decision shall result in the rejection of the bid

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Signature of bidder

Section – III-B E-tendering Instructions to Bidders

Note :-The instructions given below are ITI’s e-tender portal centric and

for e-tenders invited by AGM(MP), O/o.GMT, BSNL, Thrissur only.

General These Special Instructions (for e-Tendering) supplement ‘Instruction to

Bidders’, as enclosed in Sec IV of the Tender Documents. Submission of Bids only through online process is mandatory for this

Tender.

For conducting electronic tendering, BSNL, Thrissur, is using the portal

(https://www.tenderwizard.com/BSNL) of M/s ITI a Government of India

Undertaking. 1. Tender Bidding Methodology: Sealed Bid System –‘Single Stage – Using Two Envelopes’.

Financial & Techno-commercial bids shall be submitted by the bidder at the same

time. 2. Broad outline of activities from Bidders prospective:

1. Procure a Digital Signing Certificate (DSC)

2. Register on Electronic Tendering System® (ETS)

3. Create Users and assign roles on ETS

4. View Notice Inviting Tender (NIT) on ETS

5. Download Official Copy of Tender Documents from ETS

6. Clarification to Tender Documents on ETS

Query to BSNL (Optional)

View response to queries posted by BSNL, as addenda.

7. Bid-Submission on ETS

8. Attend Public Online Tender Opening Event (TOE) on ETS Opening of Techno-commercial

Part

9. View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond to BSNL’s Post-

TOE queries Attend Public Online Tender Opening Event (TOE) on ETS Opening of

Financial-Part (Only for Technical Responsive Bidders)

For participating in this tender online, the following instructions need to

be read carefully. These instructions are supplemented with more

detailed guidelines on the relevant screens of the ETS.

3. Digital Certificates

For integrity of data and its authenticity/ non-repudiation of electronic records,

and be compliant with IT Act 2000, it is necessary for each user to have a

Digital Certificate (DC). also referred to as Digital Signature Certificate (DSC), of

Class 3 or above, issued by a Certifying Authority (CA) licensed by Controller of

Certifying Authorities (CCA) [refer http://www.cca.gov.in]. 4. Registration

https://www.tenderwizard.com/BSNL

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Signature of bidder

Tender document can be downloaded from the website:

www.tenderwizard.com/BSNL and to be submitted in the e-format as well as by

post/courier/by hand. Cost of Tender Document & and Bid Security (in the form of

DD), Power of Attorney in original along with the hard copies of all documents

which are uploaded in the e –tender portal to be submitted to AGM (CP), O/o.

GMT, BSNL, Thrissur before the scheduled date and time of submission of the

tender otherwise the Bid will not be considered.

Amendments, if any, to the tender document will be notified in the above website

as and when such amendments are notified. It is the responsibility of the bidders

who have downloaded the tender document from the website to keep themselves

abreast of such amendments before submitting the tender document.

Intending bidders are requested to register themselves with M/s. ITI through

www.tenderwizard.com/BSNL for obtaining user-id, Digital Signature etc., by

paying Vendor registration fee. Tender processing fee payment should be done

during requisition of tender on line.

BSNL has decided to use process of e-tendering for inviting this tender and thus

the physical

ITI Helpdesk

Telephone/Mobile Nos Mr.Tharanath, 9746118519, e-mail twhelpdesk213@gmail.com Mr Sanil Mob. 09747363433 , e-mail :twhelpdesk632@gmail.com [between 9:30 hrs to 18:00 hrs on working days]

E-mail ID bsnltwhelpdesk@gmail.com

BSNL Contact-1

Telephone/Mobile Nos AGM (MP) : Smt Benzy TA .Mob 9446333737

SDE(MP): Smt Jessy Shahin Mob 9446080800

[between 9:30 hrs to 17:00 hrs on working days]

6.Some Bidding related Information for this Tender (Sealed Bid) The entire bid-submission would be online on ETS. Broad outline of submissions are as follows: The documents should be uploaded as follows During “Request “ stage of uploading , upload the documents as per Clause 5(i) of Section III A. 7.Offline Submissions of documents : The bidder is requested to submit all the documents as per Clause 5(ii) of Section IIIA offline to AGM (MP),O/o GMT, BSNL ,Thrissur on or before 15.00 hours on

http://www.tenderwizard.com/BSNLhttp://www.tenderwizard.com/STPBSNL

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28.06.2018 in a sealed envelope. The envelope shall bear the tender number, name of work and the phrase “Do not open before 15.30 hours on 28.06.2018 8.Special Note on Security of Bids Security related functionality has been rigorously implemented in ETS in a multi-dimensional manner. Starting with 'Acceptance of Registration by the Service Provider', provision for security has been made at various stages in Electronic Tender's software. Specifically for Bid Submission, some security related aspects are outlined below: As part of the Electronic Encrypter functionality, the contents of both the ‘Electronic Forms’ and the ‘Main-Bid’ are securely encrypted using a Pass-phrase created by the server itself. The Pass-phrase is more difficult to break. This method of bid-encryption does not have the security and data-integrity related vulnerabilities which are inherent in e-tendering systems which use Public- Key of the specified officer of a Buyer organization for bid-encryption. Bid-encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE), even if there is connivance between the concerned tender-opening officers of the Buyer organization and the personnel of e-tendering service provider. 9.Public Online Tender Opening Event (TOE) ETS offers a unique facility for ‘Public Online Tender Opening Event (TOE)’. Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices. For this purpose, representatives of bidders (i.e. Supplier organization) dully authorized are requested to carry a Laptop and Wireless Connectivity to Internet. Every legal requirement for a transparent and secure ‘Public Online Tender Opening Event (TOE)’ has been implemented on ETS. As soon as a Bid is decrypted with the corresponding ‘Pass-Phrase’ as submitted online by the bidder himself (during the TOE itself), salient points of the Bids are simultaneously made available for downloading by all participating bidders. The work of taking notes during a manual ‘Tender Opening Event’ is therefore replaced with this superior and convenient form of ‘Public Online Tender Opening Event (TOE)’. ETS has a unique facility of ‘Online Comparison Chart’ which is dynamically updated as each online bid is opened. The format of the chart is based on inputs provided by the Buyer for each Tender. The information in the Comparison Chart is based on the data submitted by the Bidders in electronic forms. A detailed Technical and/ or Financial Comparison Chart enhances Transparency. Detailed instructions are given on relevant screen ETS has a unique facility of a detailed report titled ‘Minutes of Online Tender Opening Event (TOE)’ covering all important activities of ‘Online Tender Opening Event (TOE)’. This is available to all participating bidders for ‘Viewing/ Downloading’. There are many more facilities and features on ETS. For a particular tender, the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer.

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Signature of bidder

10.Other Instructions For further instructions, the vendor should visit the home -page of the portal (https://www.tenderwizard.com/BSNL). Important Note: It is strongly recommended that all authorized users of Supplier organizations should thoroughly peruse the information provided under the relevant links, and take appropriate action. This will prevent hiccups, and minimize teething problems during the use of ETS. The following ‘FOUR KEY INSTRUCTIONS for BIDDERS’ must be assiduously adhered to: Obtain individual Digital Signing Certificate (DSC or DC) well in advance of your first tender submission deadline on ETS Register your organization on ETS well in advance of your first tender submission deadline on ETS Get your organization’s concerned executives trained on ETS well in advance of your first tender submission deadline on ETS Submit your bids well in advance of tender submission deadline on ETS (There could be last minute problems due to internet timeout, breakdown, etc While the first three instructions mentioned above are especially relevant to first-time users of ETS,the fourth instruction is relevant at all times.)

11.Minimum Requirements at Bidders end Computer System with good configuration (Min P IV, 1 GB RAM, Windows XP) Broadband connectivity. Microsoft Internet Explorer 6.0 or above Digital Certificate(s) 12.Vendors Training Program Vendors may contact the ITI Helpdesk personnel given in Section IIIB, for any type of training/help, which they may require while uploading the bids.

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Signature of bidder

SECTION-IV

GENERAL AND COMMERCIAL CONDITIONS OF CONTRACT

1 Performance security Deposit:- The successful tenderer shall have to deposit performance security equal to 10% of the tendered cost . EMD of successful bidder shall be converted into security deposit and balance amount of security deposit is to be remitted

in the form of Bank DD or in form of Bank Guarantee valid for 24 months from the date of agreement. The security money shall be refunded to

the contractor after receiving the non liablility certificate from DE BSS. If there is no work order for consecutive six months and performance security deposit

can be released on request from the contractor and on submission of No objection / No Dues Certificate from the concerned officers in charge duly counter signed by concerned DE BSSs.

2.Forfeiture of Earnest Money Deposit / Performance Security

Deposit:- (i) If the Bidder withdraws the offer within the validity period of the

bid i.e. 180 days from the date of opening of the financial bid, or make any modification in the terms & conditions of the tender,

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

PGMT BSNL Thrissur or does not enter into agreement as stipulated in this tender document, the PGMT BSNL, Thrissur

shall without prejudice to any other right or remedy be at liberty to forfeit the EMD/SD.

(ii) In case any of the information / documents found false or misleading or any of the certificate (s) are found fake, the e

EMD/ S.D. is liable to be forfeited, besides action being taken as per law of the land.

(iii) Due to the poor quality of service , the Security Deposit is liable to be forfeited.

(iv) In case of supplier fails to comply with any of the provisions of the contract and thereby causes loss or damage to the BSNL, the loss

/damages shall be recovered from Bidder or from performance security deposit corresponding to the amount of loss/ damages

caused to the BSNL including penalties imposed.

3. Conditions of tender:-

3.1 The tender will be accepted based on the report submitted by the Tender Evaluation Committee nominated by PGMT,BSNL, Thrissur.

Tenderer whose tender is accepted will have to execute an agreement in a stamped paper worth Rs.200/-within 7 days of

being asked to do so, failing which the EMD will be forfeited to the BSNL and the tenderer including firms registered with MSE will be

blacklisted. After execution of the agreement, the approved rate and contract shall be valid up to one year from the date of

execution of agreement.

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Signature of bidder

3.2 . The PGMT BSNL Thrissur reserves the right to reject any tender or all the tenders including the lowest and also to cancel the tender

without assigning any reason whatsoever. 3.3. If the performance of the successful tenderer is not satisfactory, the

concerned unit officer in charge should intimate the fact in writing to the tenderer. If there is no improvement, the agreement with the

tenderer is liable to be cancelled followed by the forfeiture of EMD/SD and black listing the tenderer for a period of one year.

3.4. Though the contract is valid for one year from the date of agreement, work order will be issued only for the quantum of work as and when

required, and therefore, there is no commitment for issuing work order for the entire quantum of work as specified in Section II , at

one time or during the validity period of the agreement. 3.5 . Warranty of the BTS battery installation and commissioning shall be

for a minimum period of one year from the date of completion of the

work. 3.6 . The employees deployed for the work should be disciplined in the

premises of work. 3.7 The contractor shall not sublet the work without prior written

permission of BSNL. 3.8 The contractor or his workers shall not misuse the premises allotted

to them for any purpose other than for which the contract is awarded.

3.9 The workers provided by the agency under this contract should not be the employee of BSNL and there will be no employer employee

relationship between BSNL and the person so engaged by the contractor in the aforesaid services.

3.10 Payment for work under the contract will be made after completion of all works specified in the work order upon submission of pre

receipted bill.

3.11 The Tenders should indicate the lump sum amount in respect of all the services covered under this contract. No request for alteration in the

rates once quoted will be permitted within one year. 3.12 The rates to be quoted should include cost of each and every item

including transportation cost, manpower cost and (taxes etc). BSNL shall not bear any extra charge on any account whatsoever i.e. EPF

contribution, Uniform, OTA etc. 3.13 All the safety measures required during the execution of the work

shall be ensured by the contractor. The contractor should have arranged insurance coverage for all the employees deployed for any

kind of such works. Any unexpected eventuality happened during the execution of the work in the contract period shall be covered under

the responsibility of the contractor. BSNL is fully exempted from the responsibility of such unexpected acts.

3.14 The contractor will discharge all his legal obligations in respect of the

workers/supervisors to be employed/ deployed by him for the execution of the work in respect of their wages and service conditions and shall

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also comply with all the rules and regulations and provisions of law in force that may be applicable to them from time to time.

3.15 The contractor shall indemnify and keep indemnified BSNL from any claims, loss or damages that may be caused to it on account of any

failure to comply with the obligations under various laws. In case of any dispute, the decision of PGMT, BSNL Thrissur shall be final and binding

on the contractor. 3.16 Income Tax will be deducted from the payments due for the work done

as per rule. 3.17 The Contractor must employ adult employees only. Employment of the

child labour may lead to the termination of the Contract. 3.18 The contract is subject to the condition that the tenderer will comply

with all the laws and acts of Central Govt., State Govt. relating to this contract made applicable from time to time.

3.19 Risk Clause: BSNL Thrissur reserves the right to discontinue the service

at any time, if the services are found unsatisfactory by giving a show cause to be replied within a week and also has the right to award the

contract to any other agency at the risk and cost of current agency and excess expenditure incurred on account of this can be recovered from

Security deposit or pending bills or by rising a separate claim. 3.20 . BSNL will not be responsible either to the Contractor or to its workers

deployed at these work points for any medical assistance/injuries/death or any kind of loss occurred to employees deployed by the contractor.

3.21 The contractor shall be fully responsible for the damages caused by the workers during execution of work, to the properties belonging not only

to BSNL but also to other Departments, Organizations, Other Private Operators/ Organizations and individuals and the cost of such damages

will be recovered from the amount payable to the contractor. 3.22 Firms registered with NSIC should note that in case they fail to comply

with the faithful performance of the contract, the quality of performance

will be noted in the performance register in this office and will be notified to the NSIC.

4.PAYMENT TERMS:-

(A) SUBMISSION OF BILLS

4.1 Bills are to be submitted in triplicate on work order basis to the concerned Sub Divisional Engineer BSS. The work order in original should be attached along with the bill. Advance stamped receipt may also be submitted along with bill. PAN No. of the contractor , GST No. and vendor code should invariably be written on all bills.

(B) PAYMENT OF BILLS: 4.2 On receipt of the bills, the SDEs concerned, should forward the bills duly

passed and certified to the effect that the work has been carried out satisfactorily, through the respective DEs for arranging payment. Date of

commencement and completion of work and A/T completed work should be indicated in all bills.

4.3 Payment terms: 95% payment on receipt of bills of completed works.

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Balance 5% payment shall be released after 1 month of acceptance testing and commissioning , on receipt of non liability certificate from

concerned DE BSS. Income tax and works contract tax at the prevailing rates will be deducted from each bill.

5...e-PAYMENT 5.1In 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 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.

5.2.In case payment is made to outside branch i.e: bidder is having

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.

5.3.The bidder must submit the Mandate form (Section XI) for transfer of payment through Electronic Clearance/Electronic Fund transfer.

5.4 Application of various provisions under Goods and Service Tax Act (GST) 2017

a)Tax Clause – All taxes except CGST, SGST, UTGST & IGST if any, required to

be paid on the invoices shall be borne by the supplier. TDS/TCS shall be deducted at the prescribed rate , if any ( as the case may be).

b) Payment terms – BSNL will make payment to supplier only after the invoice is uploaded by supplier in GST outward return i.e. GSTR-1 and credit of

GST is available (reflected in GSTR-2A) to BSNL. c) Supplier hereby agrees that it will be solely responsible for performing all compliances and making payments of GST, Cesses, interest, penalties or any

other tax/duty/amount/charge/liability arising either out of laws/regulations applicable in India and overseas or because of a demand/recovery initiated by

any revenue authority under laws/regulations applicable in India or overseas. d) GST Invoice – It shall be the responsibility of supplier to raise appropriate tax invoice as per the provisions of GST Act. BSNL reserves the right to be

indemnified for the credit loss in case BSNL is unable to claim the input tax credit for any non-compliance/default in raising appropriate invoice by supplier.

Further all invoices should be sent to BSNL Promptly. BSNL can adjust/forfeit Bank Guarantee obtained from the supplier against any loss of input tax credit to BSNL on account of supplier’s default.

e) Further the supplier is required to comply following requirements w.r.t. issuance of invoice:-

*All the details of contractor (name, address, GSTIN/unregistered vendor, place of supply, SAC/HSN code etc.) and other mandatory details shall be mentioned on the invoice.

*Invoice/DN/CN need to be issued timely within the time prescribed under GST law;

*In case of any deficient supply, BSNL shall convey the same in a reasonable time to enable the supplier to issue credit note and take tax adjustment;

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*It would be the responsibility of the supplier to declare correct information on invoice and GST portal viz the amount, the place of supply, rate

of tax etc. In case, the eligibility of input tax credit is questioned or denied to BSNL on account of default by the supplier, the same would be recovered by

BSNL from the supplier. *Registered location of both the parties i.e. BSNL and supplier should be mentioned in the agreement with GSTIN No. Further, supplier should raise

invoices at the registered premise of BSNL for availment of credit and ensure that the place of supply as per GST law is same as registered premise;

*It shall be the responsibility of supplier to raise invoice within the prescribed timelines; *E-way bill number should be mentioned on the invoices;

f) Indemnity – It is the responsibility of the supplier to ensure that outward supply return (GSTR-1) is filed correctly and to declare correct information on

the invoice and GST portal. In case of mismatch because of vendor’s fault, prompt amendments must be make by the supplier else supplier shall be required to indemnify BSNL of the loss of credit due to mismatch and BSNL shall

recover the said amount from vendor. The compliances to be adhered by supplier includes (but is not limited to) the following:

(i) Uploading appropriate invoice details on the GSTN (Goods and Service Tax Network) within the stipulated time;

(ii) Issuing GST complaint invoice/CN/DN. PO issued by BSNL should be referred by supplier for capturing information on the invoice; (iii) Acceptance of changes made by BSNL on GSTN on account of non-upload or

incorrect upload of details on GSTN. Such changes w.r.t. the mismatch are required to be accepted by supplier within the time limit prescribed under the

GST law. It must be noted that in case supplier does not accept such changes within the time limit prescribed under GST law, the loss of input tax credit (if any) would be recovered from the supplier.

BSNL reserves the right to be indemnified for the credit loss and recover the said amount from the supplier in case BSNL is unable to claim the input tax credit for

any on-compliance or default or due to lack of diligence on the part of the supplier. Further, in case any credit is not received or short credit is received or in case of any error because of which no credit is received then such equivalent

amount is not liable to be paid by BSNL. Where, however the amount has already been paid by BSNL the same is liable to be recoverable or adjustable

against subsequent payments. 5.5 Debit/Credit Note - The supplier acknowledges and agrees to issue

appropriate debit note/credit note as prescribed under GST Act and send to BSNL within the prescribed time. All documents should be received well in

advance so as to enable BSNL to claim proper credit. 5.6 Further it shall be the responsibility of the supplier to declare the details of

such credit note in the return for the month during which such credit note has been issued but not later than September following the end of the financial year

in which such supply was made, or the date of furnishing of the relevant annual return. BSNL reserves the right to be indemnified for the credit loss by supplier in case BSNL is unable to claim the input tax credit for any non-compliance or

default or due to lack of diligence on the part of the supplier, whichever is earlier.

5.7 Any increase in taxes and other statutory duties / levies shall be to the

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contractor’s account.

5.8 However the supplier shall pass on benefit of any decrease in these taxes/duties to the purchaser.

5.9 No payment will be made for items rejected at the site of testing.

6. PRICES

6.1 Prices charged by the contractor for the services performed under the

contract shall not be higher than the prices quoted by the supplier in its Bid except for variation caused by change in taxes/duties as specified in

clause 6.2 mentioned below. 6.2 For changes in taxes/duties during the scheduled delivery period, the

unit price shall be regulated as under:

(a) Prices will be fixed at the time of issue of purchase order as per taxes and statutory duties applicable at that time.

(b) In case of reduction of taxes and other statutory duties during the scheduled delivery period, purchaser shall take the benefit of

decrease in the taxes /duties for the supplies made from the date of enactment of revised duties/taxes.

(c) In case of increase in duties/taxes during the scheduled delivery period, the purchaser shall revise the prices as per new duties/taxes

for the supplies, to be made during the remaining delivery period as

per terms and conditions of the purchase order.

6.3 Any increase in taxes and other statutory duties/levies, after the expiry of the delivery date shall be to the supplier’s account.

However, benefit of any decrease in these taxes/duties shall be passed on to the Purchaser by the supplier. The total price is to be

adjusted (by reducing the basic price) with increased duties and taxes as per price mentioned in PO.

7. PENALTIES & LIQUIDATION DAMAGES:-

In case the contractor fails to carry out the work in the stipulated time as per the conditions of the work order and tender clauses, he shall be liable to pay Liquidated Damage (LD) charge as given below:-

7.1 For a delay beyond one week L.D will be charged @ 0.5% of

total value of the work order per week or part thereof for ten

weeks. 7.2 And thereafter @ 0.7% of total value of the work order for

another ten week of delay. The total value of the liquidated

damages shall be limited to a maximum of 12% of the value of the work order i.e. LD shall be levied upto 20 weeks only.

7.3 If the work is not completed even after 20 weeks from the completion date mentioned in the work order, the

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agreement/tender is liable to be terminated/cancelled and SD will be forfeited and the party will be debarred for 1 year.

8..INSOLVENCY OR DEATH OF CONTRACTOR:- 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 resolution, or making of any order for winding up whether

voluntarily/or otherwise, or in the event of the supplier failing to comply with any of the conditions here in specified, the PGMT ,Thrissur shall

have the power to terminate the contract without any notice.

i) contractor’s heirs/representatives shall, without the consent in writing of the PGMT, Thrissur have no right to continue to perform the

duties or engagement thereof, the contractor under the contract in case of his death. 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 supplier under this contract and be subject to his liabilities there under.

ii)Without prejudice to any of the rights or remedies under this

contract, if the contractor dies, the PGMT, Thrissur shall have the option of terminating the contract without compensation to the

contractor, which does not amount to Breach of the contract.

iii) If contractor without written approval of Competent Telecom Authority assign or sublet his contract, or attempt to do so, or become

insolvent or commence any insolvency proceedings or make any composition with his creditors or attempt to do so, or if any bribe

gratuity, gift, loan, perquisite, reward or advantage pecuniary or otherwise, shall either directly, or indirectly, be given, premised or offered

by the contractor, or any of his servants or agent to any public officer or person in the employment of Government in any way relating to the

office or employment, or if any such officer or person shall become in any way directly or indirectly interested in the contract, the PGMT, Thrissur

shall have power to adopt any of the courses as he may deem fit in the

interest of BSNL.

iv)Where the contractor is a partnership firm, the previous approval in writing of the PGMT, Thrissur shall be obtained before any change is

made in the constitution of the firm. Where the contractor is an individual or a Hindu undivided family business concern such approval as

aforesaid shall likewise be obtained before the contractor enters into any partnership agreement where under the partnership firm would have

the right to carry out the work hereby undertaken by the contractor.

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If previous approval as aforesaid is not obtained, the contract shall be deemed to have been assigned in the contravention of terms of tender

and the same & action may be taken accordingly.

9.DISPUTE AND ARBITRATION

(i)In respect of any dispute arising out in connection with the interpretation of any clause in the terms of contract/ agreement or otherwise, the matter shall be referred to Arbitration to the PGMT, Thrissur who shall appoint an

Arbitrator to decide the case. The appointment of such Arbitrator shall not be questioned by the contractor on the ground that the Arbitrator belongs to the

BSNL. The provision of the Arbitration Act, 1996 or any statutory modification or enactment proceeding under this clause.

(ii) Even during the arbitration the work cannot be stayed because it pertains to essential public to get the work completed through any other contractor

at the risk and the cost of the contractor.

10. FORCE MAJEURE 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 is 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, lookouts 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 or delay

in 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 the BSNL as to whether the work 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 60 days either party may, at his option terminate the

contract.

11.SET OFF : Any sum of money due and payable to the contractor (including security deposit refundable to him) under this contract may be appropriated by the purchaser /

BSNL or any other person or persons contracting through the BSNL and set off the same against any claim of BSNL or such other person or persons for payment of a

sum of money arising out of this contract or under any other contract made by the contractor with BSNL or such other person or persons contracting through BSNL.

12.COURT JURISDICTION:

(i) Any dispute arising out of the tender/bid document/evaluation of bids/issue of APO shall be subject to jurisdiction of the competent court at the place from where the NIT/tender has been issued. (ii)Where a contractor has not agreed to

arbitration, the dispute/claims arising out of the Contract/PO entered with him

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shall be subject to the jurisdiction of the Competent Court at the place from where Contract/PO has been issued. Accordingly, a stipulation shall be made in

the contract as under: ‘This Contract/Work Order is subject to jurisdiction of Court at Thrissur only”

13.TERMINATION

13.1. BSNL, Thrissur may without prejudice to any other remedy for breach of

contract, may terminate the contract in whole or in parts by giving 15 days notice.

i) If the contractor fails to perform any of the terms and conditions under the contract. ii) BSNL Thrissur may without prejudice to other rights under the law of the

contract provided get the tender work done at the risk and cost of the tenderer in above circumstances.

iii) BSNL Thrissur may also by giving written notice and without compensation to the contractor terminate the contract if the contractor becomes unwilling, bankrupt or otherwise insolvent without affecting its right of action for remedy,

as deemed fit. 13.2. BSNL Thrissur shall not be responsible for any loss or damage incurred to

the contractor as a result of the termination of the contract. BSNL shall be free to take due action for the appointment of a new contractor during the period

under notice and thereafter. The contractor / the company will be debarred for further participation in the tender floated by this BA.

13.3. The successful tenderer shall under no circumstances sublet the contract and if shall do so, the BSNL, Thrissur whereupon by notice in writing rescind the

contract. 14. RIGHTS RESERVED FOR BSNL

14.1. BSNL Thrissur reserves the right to blacklist a tenderer for a suitable

period in case he fails to honor his tender without sufficient grounds 14.2. BSNL Thrissur reserves the right to reject any or all tenders at any point

of time without assigning any reason.

14.3. In case of any dispute before entering into contract, the decision of the Principal General Manager telecom, BSNL, Thrissur shall be final.

14.4. The Principal General Manager Telecom, BSNL, Thrissur shall be the final authority for deciding the successful tenderer and his decision will be final.

14.5. BSNL shall have the right to increase or decrease the quantum of work up to 25% of the total requirement without any change in

the rate or other terms and conditions at the time of award of contract or during the operation of contract

15 Clause by Clause Compliance:

All the conditions in the bid documents are critical and are to be complied and

non-compliance of any clause of the bid document shall result in outright rejection of the bid.

29

Signature of bidder

SECTION V

BID FORM Tender No. AGM(MP)/E-TENDER/ BATTERY I&C /2018-19/ 1, dated at Thrissur the 07.06.2018

To The PGMT, BSNL, Thrissur Dear Sir, 1. Having examined the conditions of contract and specifications

including addenda Nos......................the receipt of which is hereby duly acknowledged, we, the undersigned, offer to carry out the work of installation and commissioning of BTS battery sets and its associated works at BTS sites in Thrissur BA in conformity with the said contract and specifications for the sum shown in the schedule of prices attached herewith and made part of this Bid.

2. We undertake, if our Bid is accepted, to commence deliveries/

commence work w i t h i n ( … . ) d a y s f r o m t h e d a t e o f i s s u e o f

w o r k o r d e r .

3. If our Bid is accepted, we will provide the performance guarantees of a Scheduled Bank for a sum @ 10% of the tendered cost for the due performance of the contract.

4. We agree to abide by this 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 expiration of that period.

5. Until a formal Purchase/Work Order of Contract is prepared and executed, this Bid together with your written acceptance thereof in your notification of award shall constitute a binding contract between us.

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

7. We understand that you are not bound to accept the lowest or any bid,

you may receive.

Dated this .............................. day of ........................ 2018

Name and Signature …………………………………………… In the capacity of ………………………………………………… Duly authorised to sign the bid for and on behalf of .............................................. Witness ......................................... Address .........................................

Signature …………………………………

30

Signature of bidder

SECTION VI

BIDDER'S PROFILE

Passport size Photograph (To

be pasted) of the Bidder /

authorized Signatory holding

Power of Attorney with

signature on thefront side of

Photo graph

1 Name of the bidder

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.a Telephone No. (with STD code)

4.b Mobile No.

4.c Fax No.

4.d E-Mail Address

5 Registration & incorporation particulars of the firm (Please attach attested copies of documents of registration / incorporation of your firm with the competent authority as required by business law)

5.a Whether Proprietorship/Partnership/Private Limited/Public Limited

6 Name of Proprietor/Partner/Directors

7 PAN No

8 GST Registration No

I/We hereby declare that the information furnished above is true and correct. Place: Signature of bidder /authorised signatory

Date: Name & Seal of the bidder

31

Signature & seal of bidder with Date 31

SECTION-VII

No Near relative certificate

I/ We………………………………………..……S/o……………………………………………………… hereby

certify that

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

BSNL units as per definitions given in tender document. In case, at any stage, it

is found that the information given by me/us is false/ incorrect, BSNL shall have

the absolute right to take any action as deemed fit / without any prior intimation

to me/us.

Signature of the Bidder

Note: The near relatives for this purpose are defined as :

A. Members of a Hindu Undivided family. B. They are husband and wife.

C. The one is related to the other in the manner as father, mother, son(s) and

son’sWife (Daughter-in-law) ,Daughter(s) and daughter’s husband (Son-in-

law),Brother(s) and brother’s wife, sister(s) and sister’s husband (Brother-in-

law)Note: In case of proprietorship firm, certificate will be given by the proprietor,

for partnership firm , certificate will be given by all the partners and in case of

Private Ltd. Company, by all the directors of the company.

Place: Signature of bidder /authorised signatory

Date: Name & Seal of the bidder

32

Signature & seal of bidder with Date 32

SECTION VIII

AGREEMENT

This Agreement is made on this ......... Day of ....................... 2018 between

M/s..................................………………..... (Here in after called the contractor whose term includes

its successors and assignees) whose registered office is at ....................................................

and is registered under ....................……………......... and acting through its authorized official

Shri ...............................................

AND

Bharat Sanchar Nigam Limited (herein after called the BSNL whose term includes its

successors and assignees) whose registered office is situated at Bharat Sanchar Bhavan, Harish

Chandra Mathur Lane , Janpath , New Delhi –100 001 and acting through its authorized officer i.e.

AGM(MP), at the office of the Principal General Manager Telecom, TUDA Road, Thrissur-22 The

Contractor will carryout

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on the terms and conditions herein contained, and Specifications as mentioned in the tender

schedule vide letter No: AGM (MP)/E-TENDER/BATTERY_I&C/2018-19/1 dated 07.06.2018 and rates as mentioned in acceptance letter and Annexure

Now these present witnesses and it is hereby agreed and declared by and between the

parties to these present as followings.

The contractor has deposited Rs…………………. (Rupees……………………………

………………………………….……..only) as interest free performance Security for a period of eighteen

months or till the satisfactory completion of the contract.

I / We agree to abide by and fulfill all the terms and conditions of this tender AGM (MP)/E-

TENDER/BATTERY_I&C/2018-19/1 dated 07.06.2018 shall form part and parcel of this agreement.

This agreement will remain by and between for the period from …………… to ………………… and

the extended period of contract.

Signature of the CONTRACTOR Signature of AGM(MP), BSNL, Thrissur

Name:

Designation with stamp:

WITNESSES: WITNESSES:

Signature: 1. 1.

Name (CAPS)

Address

Signature: 2. 2.

Name (CAPS)

Address

33

Signature & seal of bidder with Date 33

SECTION-IX

LETTER OF AUTHORIZATION FOR ATTENDING BID OPENING

TO The Asst. General Manager (MP)

O/o P.G.M T., BSNL, Thrissur-22

Subject - Authorization for attending bid opening on ……………….(date) for the tender

of AGM (MP)/E-TENDER/BATTERY_I&C/2018-19/1 dated 07.06.2018

The following person(s) is/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 Signature

I.

II.

Signature of the Tenderer

Note: 1. Only one representative will be permitted to attend bid opening.

Alternate representative will be permitted when regular representative is not able to attend. The person who is authorized to attend the bid opening must have the authorization certificate.

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

refused in case authorization as prescribed above is not produced.

34

Signature & seal of bidder with Date 34

SECTION X

PERFORMANCE SECURITY GUARANTEE BOND

In consideration of the CMD, BSNL (hereinafter called ‘BSNL’) having agreed to exempt

___________________ (hereinafter called ‘the said contractor(s)’) from the demand under the

terms and conditions of an agreement/Advance Purchase Order No _________ dated

____________ made between __________ and __________________

for the supply of ______________________ (hereinafter called “the said agreement), of security

deposit for the due fulfillment by the said contractor (s) of the terms and conditions contained in

the said Agreement, on production of the bank guarantee for

_____________________________________we, (name of the bank)

_________________________ ( hereinafter refer to as “the bank”) at the request of

___________________________________ (contractor(s)) do hereby undertake to pay to the

BSNL an amount not exceeding ___________________ against any loss or damage caused to or

suffered or would be caused to or suffered by BSNL by reason of any breach by the said

Contractor(s) of any of the terms or conditions contained in the said Agreement.

2. We (name of the bank) ____________________ do hereby undertake to pay the

amounts due and payable under this guarantee without any demure, merely on a demand from the

BSNL by reason of breach by the said contractor(s)’ of any of the terms or conditions contained in

the said Agreement or by reason of the contractors(s)’ failure to perform the said Agreement. Any

such demand made on the bank shall be conclusive as regards the amount due and payable by the

Bank under this guarantee where the decision of BSNL in these counts shall be final and binding on

the bank. However, our liability under this guarantee shall be restricted to an amount not

exceeding ___________.

3. We undertake to pay to the BSNL any money so demanded notwithstanding any

dispute or disputes raised by the contractor(s)/supplier(s) in any suit or proceeding pending before

any court or tribunal relating thereto our liability under this present being absolute and

unequivocal. The payment so made by us under this bond shall be valid discharge of our liability for

payment there under and the contractor(s)/supplier(s) shall have no claim against us for such

payment.

4. We( name of the bank)_________________________ further agree that the

guarantee herein contained shall remain in full force and effect during the period that would be

taken for the performance of the said agreement and that it shall continue to be enforceable till all

the dues of the BSNL under or by virtue of the said Agreement have been fully paid and its claims

satisfied or discharged or till

________________________(office/Department) BSNL certifies that the terms and

conditions of the said Agreement have been fully or properly carried out by the said

contractor(s) and accordingly discharges this guarantee. Unless a demand or claim under this

guarantee is made on us in writing on or before the expiry o