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BHARAT SANCHAR NIGAM LIMITED O/O General Manager Telecom Yavatmal Cost of Document : 590/- (Non refundable non transferable) Form No : Receipt No : Date : BHARAT SANCHAR NIGAM LIMITED (A GOVT. OF INDIA ENTERPRISE) OFFICE OF THE GENERAL MANAGER TELECOM DHAMANGAON ROAD YAVATMAL - 445001 LIMITED TENDER DOCUMENT FOR SUPPLY OF PVC TAPE AND PVC SLEEVE TO YAVATMAL SSA (2017-18) BID DOCUMENT No. W-3-278/Limited Tender/Supply of PVC Tape & Sleeve/2017-18/ Dated 28/02/2018 Issued to: M/s. _________________________________ 1 of 46 Signature of bidder with Seal

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Page 1: Issued to:mhintranet.bsnl.co.in/uploads/tender/2018041115234471…  · Web view2018. 4. 11. · Dhamangaon Road Yavatmal – 445001 Tel : 07232 244000 Fax :07232 243030 (d)Sub-Divisional

BHARAT SANCHAR NIGAM LIMITEDO/O General Manager Telecom Yavatmal

Cost of Document : 590/-(Non refundable non transferable)Form No :

Receipt No : Date :

BHARAT SANCHAR NIGAM LIMITED(A GOVT. OF INDIA ENTERPRISE)

OFFICE OF THE GENERAL MANAGER TELECOM DHAMANGAON ROAD YAVATMAL - 445001

LIMITED TENDER DOCUMENT FOR SUPPLY OF PVC TAPE AND PVC SLEEVE TO YAVATMAL SSA (2017-18)

BID DOCUMENT No. W-3-278/Limited Tender/Supply of PVC Tape & Sleeve/2017-18/ Dated 28/02/2018

Issued to:

M/s. _________________________________

Assistant General Manager (Plg)

O/o G. M. Telecom, BSNL, Yavatmal

TABLE OF CONTENTS

1 of 31 Signature of bidder with Seal

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BHARAT SANCHAR NIGAM LIMITEDO/O General Manager Telecom Yavatmal

Srl No Contents Section

1 Notice Inviting Tender

2 Bid Form. Section – I

3 Bidders Profile. Section – II

4 Instruction to the bidder Section – III

5 General (commercial) conditions of the contract Section – IV

6 Special Conditions of the contract Section – V

7 Scope of work. Section – VI

8 Proforma for declaration regarding non working of near

relatives in BSNL/MTNL/DOT.

Section – VII

9 Agreement (Specimen) Section – VIII

10 Proforma Letter of authorization for attending bid opening Section – IX

11 Proforma for Performance Bank Guarantee Section – X

12. List of documents to be submitted with the bid Section – XI

13 Price Bid (Financial Bid) Section – XII

NOTICE INVITING TENDER

No. W-3-278/Limited Tender/Supply of PVC Tape & Sleeve/2017-18/ Dated 28/02/2018On behalf of Bharat Sanchar Nigam Limited (BSNL) properly sealed Limited Tenders

(Packing PVC Tape/Sealing Wax) are invited by The General Manager Telecom, B.S.N.L, Yavatmal from

2 of 31 Signature of bidder with Seal

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BHARAT SANCHAR NIGAM LIMITEDO/O General Manager Telecom Yavatmal

the reputed bidders for the work of Supply of PVC Sleeves and PVC Tape (ISI Mark) for U/G Cable maintenance work at Yavatmal SSA.

Cost ofEstimated

Last DateDate & Timetender & Time of

Name of Tender document cost Approx. EMD Rs. Submission of Opening of Rs. Rs. of tender. tender.

Limited Tender for Supply of 27/04/2018 27/04/2018 PVC Sleeve & PVC Tape 590/-- 1,83,700/- 3700/- up to Atfor BSNL Yavatmal 14:00 hrs. 15:00 hrs.

1. The bidder should be manufacturer or authorised distributor/ supplier for tendered items as per TEC spec & ISI Mark. Bidder should have one year experience of supplying material costing not less than 35% of Tender Estimated Cost within last three years to the Govt./Semi Govt./ Public Sector undertaking / Private Limited Company as per Annex –X. A certificate in this regard should be issued by an officer not below the rank of Gr-A officer. Tenders without experience certificate are liable for summary rejection.

2. Contract Period : One year from the date of agreement.

3. Sale of Tender Document: The Limited Tender document containing terms and conditions and list of required items shall be available on all working days between 10.00 hrs to 13.00 hrs from 12-04-2018 to 27-04-2018 from SDE(Plg.) / A.G.M. ( Plg), O/o GMT Yavatmal, on producing cash receipt of Rs. 590/-cash to be paid at Cash Counter O/o G. M. Telecom Dhamangaon Road Yavatmal.

4. The tender document is also available on the website www.maharashtra.bsnl.co.in, and can be downloaded from the site. The downloaded document can be printed and may be used for filing the tender. In this case a DD towards the cost of tender document, payable at Yavatmal, drawn in favour of AO (Cash) BSNL GMT Yavatmal issued by any Nationalized /Scheduled bank only is to be attached with the bid document. EMD may be paid in cash at cash counter O/o G.M. Telecom Dhamangaon Road Yavatmal and ACG-67 receipt granted by AO (Cash) should be attached with the bid document. OR through DD issued by any Nationalised/scheduled Bank payable to AO (Cash) BSNL GMT Yavatmal, Payable at Yavatmal should be attached with the bid document. If ACG-67 Receipt/DD towards the cost of Tender Document, bid security is not found in the BID security cover, his bid will be summarily rejected on the spot.

5. During the entire evaluation process, if it is observed that the downloaded document is exactly not as per the original Tender document and/or it is tampered/ changed/ altered/modified in any way the bid will be rejected.

6. The tender, which will not accompany by the requisite bid cost and bid security, shall be summarily rejected.

7. The Tenders sent by post/courier should reach the O/o AGM (Plg) office before last date and time of submission of the tender as mentioned in the NIT. The bidder should take care that the tender document reaches in time. BSNL Yavatmal will not be responsible for late delivery of Tender document for the reasons what so ever.

8. The bidder should read the tender document carefully before signing every page and should follow all the terms & conditions mentioned in the bid.

9. GMT BSNL Yavatmal reserves the right to reject any or all tenders without assigning any reason what-so-ever.

3 of 31 Signature of bidder with Seal

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BHARAT SANCHAR NIGAM LIMITEDO/O General Manager Telecom Yavatmal

Asstt. General Manager (Plg.)O/o GMT Yavatmal

Tel No. 07232 242577 FAX No 07232 241600

Section - I

BID FORM

No. W-3-278/Limited Tender/Supply of PVC Tape & Sleeve/2017-18/ Dated 28/02/2018

4 of 31 Signature of bidder with Seal

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BHARAT SANCHAR NIGAM LIMITEDO/O General Manager Telecom Yavatmal

ToThe General Manager Telecom Dhamangaon Road, BSNL,Yavatmal – 445 001.

Dear Sir

Having examined the terms of contract and specifications including amendments No……………………….. the receipt of which is hereby duly acknowledge, we, undersigned, offer to execute the work of Supply of PVC Sleeve and PVC Tape to Yavatmal SSA (2017-18) in conformity with Terms & conditions of contract and specifications as mentioned in scope of work. in accordance with schedule of prices attached herewith and made part of this bid.

We undertake, if our bid is accepted, we will execute the work in accordance with specifications, time limits & terms & 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 this bid for a period of 180 days from the date fixed for Bid opening (Qualifying bid) and it shall remain binding upon us and may be accepted at any time before the expiry of that period.

Until a format 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.

We undertake that we have read entire tender document, each and every page carefully before signing and we have understood all the definitions, clauses, terms and conditions and we have no any doubt and queries on bid document. We accept that any violation, lapses in the preparation and submission of our bid as per the clauses, rules mentioned in bid document will result the cancellation/rejection of our bid.

Bid submitted by us is properly sealed and prepared as per the standards mentioned in the bid document so as to maintain transparency and accountability in entire tender process and to prevent any subsequent alteration and replacement.

The sum of Rs. ____________(In words rupees__________________________________________) Is deposited by DD/Cash towards Earnest money and DD receipt no__________________Dated ____/____/2018 is enclosed. I / We also agree to pay Security Deposit as per NIT as and when called for within 7 days.

Dated this………day of …………..2018

Signature and seal of bidder.Name of bidder. __________

5 of 31 Signature of bidder with Seal

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BHARAT SANCHAR NIGAM LIMITEDO/O General Manager Telecom Yavatmal

Section - II

BIDDER’S PROFILEGeneral:

1 Name of the bidder/firm ………………………………………

2 Name of the person Signing the tender_________________________3 (In case of Proprietary/Partnership firms, the tender has to be

signed by Proprietor/Partners only, as the case may be.)

4 Address of the firm (Local office address as per registrationOf the firm)…………………………………………………………………………………………………………………………………………

5 Tel. No. (with STD Code) (O) ………………..… (Fax) …..………………….

(R) ………………….. (Mobile) …………………..

6 Registration & incorporation particulars of the firm.

6.1 Proprietorship6.2 Partnership6.3 Privet Limited6.4 Public Limited

(Please attach copies of documents of registration/incorporation of your firm with the competent authority as required by business law.)

7 ISO Certification Number and date of Issue ………………………………………………….

8 Name proprietor/partners/directors & their educational qualifications : ……………………………………………………………

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

9 Bidders bank, its address and his current account number …………………………….

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

10 Permanent Income Tax Number, Income Tax Circle ………………………………………...

11. GST registration No…………………………………………..

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

Place Signature of BidderName and Company Seal

Date:

6 of 31 Signature of bidder with Seal

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BHARAT SANCHAR NIGAM LIMITEDO/O General Manager Telecom Yavatmal

Section - IIIINSTRUCTION TO BIDDER

A. INTRODUCTION1 DEFINITIONS1.1 BSNL: BSNL Yavatmal which invites the Limited Tender.

All references of BSNL, General Manager, Deputy General Manager, Divisional Engineer, Sub Divisional Engineer, Junior Telecom Officer, Chief Accounts Officer, Accounts Officer, and Assistant. Accounts Officer, Junior Accounts Officer, Including other officers in BSNL, whatever designations assigned to them from time to time, who may be the in-charge of direction, supervision, testing, acceptance and maintenance including their successor(s) in the office appearing in various clauses shall be taken to mean BSNL.

1.2 GMT Yavatmal means the Head of Yavatmal SSA (GMT) and his successors.1.3 The jurisdiction of GMT Yavatmal: The jurisdiction of GMT Yavatmal means

Telecom district Yavatmal (SSA) that coincides geographically with Yavatmal District(s)1.4 Representative of GMT Yavatmal: Representative of GMT Yavatmal means

officer and staff for the time being in “Telecom district Yavatmal” deputed by the GMT Yavatmal for inspecting or supervising the work or testing etc.

1.5 Engineer-in-charge: The Engineer–in-charge means the engineering officer nominated by the BSNL to supervise the work, under the contract.

1.6 Contract: The term contract means, the documents forming the Limited Tender and acceptance thereof and the formal agreement executed between the competent authority on behalf of BSNL and the contractor, together with the documents referred to therein in including these conditions, the specifications and instructions issued from time to time, by the engineer in-charge and all these documents taken together shall be deemed to form one contract and shall be complementary to one another. In the contract, the following expressions shall, unless the context otherwise requires, have the meanings, hereby respectively assigned to them. The expression works or work shall unless there be something either in the subject or context repugnant to such construction, be construed and taken to mean the works by or by virtue of the contract contracted to be executed whether temporary or permanent, and whether original, altered, substituted or additional.

1.7 Contractor: (Bidder/ Tenderer)-The contractor shall mean the individual, firm or company, whether incorporated or not undertaking the works and shall include the legal personal representative of such individual or the persons composing such firm or company or the successors of such firm or company and the permitted assignees of such individual, firm or company.

1.8 Work: The expression “Works” shall unless there be something either in the subject or context repugnant to such construction be construct and taken to mean the works by or virtue of the contract contracted to be executed whether temporary or permanent and whether original altered, substituted or additional.

1.9 Work Order: The letter of allotment of work as per the award of contract. The work orders issued can not be treated as satisfactory experience certificates for allotted work.

1.10 Site: The site shall mean the land /building or other places on, into or through which work is to be executed under the contract

1.10 Normal time or stipulated time: Normal time or stipulated time means time specified In the work order to complete the work.

1.11 Extension of Time: Extension of time means the time granted by BSNL to complete The work beyond the normal time or stipulated time.Date of commencement of work: Date of commencement of work means the date ofactual commencement of work or 7th day from the date of issue of work order, whichever is earlierSITC: Supply, Installation, Testing and commissioning of the product.Excepted risk: Excepted risk are risk due to war (whether declared or not), invasion, Act of foreign enemy, hostilities, civil war, rebellion, revolution, insurrection, military or usurped power, any act of Government damage from aircraft, act of God, such as earthquake, lightning and unprecedented flood and other causes over which the contractor has no control and the same having been accepted as such, by the Accepting Authority or causes solely due to use or

7 of 31 Signature of bidder with Seal

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BHARAT SANCHAR NIGAM LIMITEDO/O General Manager Telecom Yavatmal

occupation by the government of the part of the work, in respect of which a certificate of completion has been issued.

2 ELIGIBILITY OF BIDDERS Eligibility: The bidder should be manufacturer or authorised distributor/ supplier for tendered items as per TEC spec & ISI Mark. Bidder should have one year experience of supplying material costing not less than 35% of Tender Estimated Cost within last three years to the Govt./Semi Govt./ Public Sector undertaking / Private Limited Company as per annex –X. A certificate in this regard should be issued by an officer not below the rank of Gr-A officer. Tenders without experience certificate are liable for summary rejection.

B: THE BID DOCUMENTS

3 BID DOCUMENTS: Bidding procedure and contract terms are prescribed in the bid document. The bid document includes

3.1 The Bid Document includes:Notice Inviting Tender

Section- I Bid Form.Section -II Bidders Profile.Section -III Instruction to bidder Section -IV General (Commercial) condition of contract Section -V Special conditions of contracts.Section -VI Scope of workSection -VII Proforma for declaration by tenderer for non working of near relatives in BSNL/MTNL/DOT.Section -VIII Agreement (specimen)Section -IX Letter of authorisation for Attending bid opening Section -X Proforma for performance bank Guarantee.Section -XI List of documents to be submitted with the bid.Section -XII. Financial Bid

4 QUERIES ON BID DOCUMENTS: A prospective bidder, requiring any clarification in the bid document shall notify BSNL in writing or by Fax or by telegram at the BSNL mailing address indicated in the invitation for bids. BSNL shall respond in writing to any such request for clarification of the bid documents, only if, it is received not later then 7 days prior to the date of opening of the bids . Copies of the query (without identifying the source) and the clarifications by BSNL shall be sent to all the prospective bidder’s who have purchased the bid documents and all such clarifications issued by BSNL will form part of bid document.

5 AMENDMENT OF BID DOCUMENTS:5.1 At any time, prior to the date of submission of bids, BSNL may for any reason whether so motto

or in response to a clarification requested by a prospective bidder, modify the documents by amendments.

5.2.1 The amendments shall be notified in writing or by Telex or by Fax to all prospective bidders on the address intimated at the time of purchase of bid document from BSNL and these amendments will be binding on them. Also the amendments shall be uploaded on the website

5.2.2 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.

8 of 31 Signature of bidder with Seal

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BHARAT SANCHAR NIGAM LIMITEDO/O General Manager Telecom Yavatmal

C: PREPARATION OF BIDS

6 COST OF BIDDING The bidder shall bear all cost associated with the preparation and submission of the bid. BSNL will in no case be responsible or liable for any cost, regardless of the conduct, or outcome of the bidding process.

7 DOCUMENTS ESTABLISHING BIDDER’S ELIGIBILITY AND QUALIFICATION :

The bidder shall furnish, as part of the bid documents establishing the bidder’s eligibility, the following documents or whichever is required as per terms and conditions of Bid Documents.

7.1 ACG-67 receipt/DD towards cost of tender document.7.2 ACG-67 receipt/DD towards Bid security ( EMD).7.3 Tender document(s), in original, duly filled in all respect and signed by tenderer or his

authorized representative (wherever written as Bidders Signature / Authorized Signatory) along with seal on each page. All corrections and overwriting must be initialed with date by the bidder or his authorized representative. The bids not filled duly in any part will be rejected.

7.4 copy of the registration of the firm. 7.5 Authenticated copy of partnership deed in case of partnership firm.7.6 If Private Limited or public limited company an copy of memorandum of association is to be

enclosed. 7.7 Original “Power of Attorney” in case of person other then the bidder has signed the tender

documents.7.8 copy of experience of supplying material costing not less than 35% of tender estimated cost

within last three years to the Govt./Semi Govt./ Public Sector undertaking / Private Limited Company as per Annex –X. A certificate in this regard should be issued by an officer not below the rank of Gr-A officer. Tenders without experience certificate are liable for summary rejection.

7.9 copy of PAN card.7.10 copy of GST Registration.7.11 copy of latest Income Tax return.7.12 Declaration regarding non working of near relatives in BSNL/MTNL/DOT on firm letter pad. (Section- VII).

8 BID SECURITY:

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

7.1 The bid security is required to protect BSNL against the risk of bidders conduct, which would warrant the security forfeiture, pursuant to para 8.7

7.2 Mode of Deposit: The EMD (Bid security) shall be paid in the form of Crossed Demand Draft issued by a Nationalized / scheduled bank, drawn in favor of Accounts Officer (Cash) BSNL Yavatmal payable at Yavatmal should be attached with the bid document. OR in Cash to be paid at Cash counter O/O G.M. Telecom Dhamangaon Road Yavatmal and original ACG-67 receipt attached with the bid document.

7.3 Bidders registered with National Small Scale Industries Corporation (NSIC), Government of India under single point registration scheme for similar items mentioned in scope of work & having a monetary limit not below the total bid value may claim exemption from payment of cost of tender form, EMD & security deposit. The bidder shall furnish along with the bid a Certificate/documentary proof in respect of registration clearly specifying the monetary limit and validity date. In case the bid value exceeds the monetary limit, exemption for payment towards cost of tender form shall not be available & the bidder shall furnish EMD/ security deposit for the difference. Such bidders should also submit their monthly turnover in support of the claim for meeting the delivery schedule duly certified by the NSIC. Moreover, they should also

9 of 31 Signature of bidder with Seal

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BHARAT SANCHAR NIGAM LIMITEDO/O General Manager Telecom Yavatmal

produce documentary evidence showing that the firm is registered with NSIC for the items tendered for. Failure to comply this provision shall result in summery rejection of the bid. The maximum amount of monetary limit for which NSIC registered SSI units will be entitled to get advantage of concessions admissible to them shall be limited to Rs.50 Lack (Rs. Fifty Lack only).

7.4 The bid not secured in accordance with para 8.1 & 8.3 shall be rejected by BSNL as non-responsive.7.5 The bid security of unsuccessful bidder will be refunded as promptly as possible but not later then 30

days after the expiry of the period of the bid validity prescribed by BSNL.7.6 The successful bidder’s bid security will be refunded only after submission of Performance Bank

Guarantee amounting 10 % of the Estimated cost of the tender from any Nationalized /Scheduled bank valid for a period of 18 months from the date of agreement.

7.7 The bid security shall be forfeited:7.7.1 If the bidder withdraws his bid during the period of bid validity specified in the bid document or,7.7.2 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, or7.7.3 In case of successful bidder, if bidder fails: to sign the agreement in accordance with para 25.7.7.4 If it is found that the bidder has given false information fabricated document thereby concealing

facts, mispresenting and misleading BSNL Yavatmal . 8.9 Refund of Security Deposit:8.9.1 Refund of Performance Security subject to following.8.9.1.1 By departmental Officers8.9.1.1.1 Submission of completion certificate of works awarded to the contractor under the contract by

the work order issuing authorities.8.9.1.1.2 Statement of recoveries/no recoveries to be made on account of poor quality of work,

incomplete work and/or violation of any terms and condition of the contract.8.9.1.1.3 Imposition of penalty for delay in execution of work.8.9.1.1.4 By the contractor8.9.1.1.5 Completion of work in all respects.8.10 Recoveries from/Forfeiture of security deposit.8.10.1 Performance Security: The performance security shall be forfeited/recoveries shall be made

from performance SD in the following circumstances.8.11.1.1 In case any document is found false/forged at any stage the PSD will be forfeited.8.11.1.2 If the contract is terminated by BSNL due to poor quality of work or negligence

/misbehavior/bad act of the contractor/ his personnel or non-observing the provisions stipulated in the contract, the PSD shall be forfeited.

8.11.1.3 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 PSD shall be forfeited without prejudice to any other action as per the provision of the contract.

8.11.1.4 If the contractor fails to undertake the work within the time limit mentioned, the penalty for delay shall be recovered from PSD.

8.11.1.5 If the contractor fails to rectify the defects in the work done as ordered by the BSNL or fails to make good the damage done to assets of BSNL or other agencies while executing the work, the recoveries to the extent of cost of rectification or damage done as assessed by the head of SSA shall be recovered from the pending bills/PSD. The assessment of extent of recoveries to be made by the head of SSA shall be final and binding on the contractor.

8 BID PRICES8.1 The bidder shall give per Unit price inclusive of GST and all levies, packing, forwarding,

loading unloading, freight and insurance, if any, for supply of material at the place mentioned in the work order.

8.2 Price shall be quoted by the bidder as given in schedule of rates (financial bid). Price quoted at any other place /format shall not be considered.

8.3 The price quoted by the bidder shall remain fixed during entire period of contract and shall not be subject to variation on any account. A bid submitted with an adjustable price quotation will be treated as non-responsive and rejected.

10 of 31 Signature of bidder with Seal

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BHARAT SANCHAR NIGAM LIMITEDO/O General Manager Telecom Yavatmal

8.4 Discounts, if any, offered by the bidder shall not be considered unless they are specifically indicated in the scheduled of rates (financial bid). Bidders desiring to offer discount shall therefore modify their offer suitably while quoting and shall quote clearly net price taking all such factors like discount, free supply, etc. into account.

9 PERIOD OF VALIDITY OF BID9.1 Bid shall remain valid for 180 days from the date of opening of the bid (Qualifying Bid). a bid

valid for a shorter period shall be rejected by bsnl as non-responsive.9.2 BSNL reserves the right to request the lowest three bidders as per read out list on the opening day to

extend the validity for a period of further 120 days and the bidder has to necessarily extend the bid validity. Refusal to extend the bid validity will result in forfeiture of the bid security . A bidder accepting the request and extending the bid validity will not be permitted to modify his bid.

10 SIGNING OF BID10.1 The bidder shall submit, as part of his bid, the bid documents (in original) duly signed on each and every page with seal of the firm, establishing the conformity of his bid to the bid documents of all the works to be executed by the bidder under the contract.(Note: The bidder is advised to keep a photocopy (at his own cost) of the bid documents for his own reference.)10.2 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 of persons signing the bid.

D SUBMISSION OF BIDS

11 METHOD OF PREPRATION OF BID

11.1 The bid for 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 envelopesFirst Bid security Containing bid security as per clause 8. and original

ACG-67 receipt/ DD towards cost of Bid document. Second Qualifying Bid Containing documents as per clause 7 except bid

security and cost of bid document.Third Financial Bid Rates duly quoted by the tenderer in the prescribed

format

On all these envelopes the name of the firm and whether “Bid security” OR “Qualifying “ OR Financial” bid must be clearly mentioned and should be properly sealed (strictly with sealing wax/Packing PVC tape). These envelopes are to be placed inside an outer envelope and properly sealed (strictly with sealing wax/Packing PVC tape). The tenders, which are not submitted in above, mentioned manner shall be summarily rejected.

12.2 All envelopes (3 inner and one outer) must bear the following:

“Limited Tender for Supply of PVC Sleeve & PVC Tape to Yavatmal SSA” “NOT TO BE OPENED BEFORE 27-04-2018.”

(Tender No W-3-278/Limited Tender/Supply of PVC Tape & Sleeve/2017-18/ Dated 28/02/2018.)Name of SSA – YAVATMAL

12.3 The bidder will be bound by all terms, conditions & specifications as detailed in the tender documents.12.4 Any tender with conditions other then those specified in the tender document is liable to be

summarily rejected. No modification, submission of supporting documents by the contractor in any of the conditions will be permitted after the tender is opened.

11 of 31 Signature of bidder with Seal

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BHARAT SANCHAR NIGAM LIMITEDO/O General Manager Telecom Yavatmal

13 SUBMISSION OF BID13.1 Tenders should be dropped in person in the tender box placed in Planning section O/o13.2 G. M. Telecom, Dhamangaon Road ,Yavatmal 445001, before the closing date & time of

tender, as mentioned in NIT. OR may be sent through Registered Post/Speed Post/Courier. The tenderer is to ensure the delivery of bids at the correct address. BSNL shall not be held responsible for late delivery or wrong delivery of bid .The slit of the tender box will be sealed immediately after the specified time for receipt of tender. Any tender presented in person/received through post/courier after the sealing of box will not be considered by GMT Yavatmal or by any of the subordinates or will not be allowed to be deposited in the tender box.

13.3 Postponement of Tender opening: Whenever it is considered necessary to postpone the opening date of tender, quick decision must be taken and communicated to the bidder who have purchased the tender documents and shall be at least one day before the original date of opening. The reason for postponing the tender shall be recorded in writing. Such notice of extension of date of opening shall also be put-up on the notice board and also published in newspapers in which original NITs have been published. If the date of bids is declared as holiday, the bids will be opened on the next working date at the same time and venue.

13.4 BSNL if subsequently, declares date fixed for opening of bids as holiday, the revised schedule will be notified. However, in absence of such notification, the bid will be opened on next working day, time and venue remaining unaltered.

14 LATE BIDSTenders will not be received after the specified time of closing of the tender and the same shall be rejected and returned unopened to the bidder. It is the sole responsibility of the bidder that he should ensure timely submission of tender.

15 MODIFICATION AND WITHDRAWAL OF BID15.1 The bidder may modify or withdraw his bid after submission and before opening, provided that

the intimation is deposited by the bidder in a properly sealed envelope (with sealing wax/Packing PVC tape) in the tender box, before the scheduled time & date for closing the tender.

15.2 No bid shall be modified subsequently to the deadline for submission of bids.

E BID OPENING AND EVALUATION16 OPENING OF BID BY BSNL YAVATMAL16.1 BSNL shall open the bid in the presence of bidders or his authorized representative who choose

to attend, as per the Date & time mentioned in NIT. The bidder’s representatives, who are present, shall sign an attendance register. The bidder representatives shall submit properly signed authority letter & identity proof to this effect before they are allowed to participate in the bid opening. (A format is given in Section X). The representatives who are not submitting the authority letter will be not allowed to attend the bid opening.

16.2 A maximum of One (1) representative for any bidder shall be authorized and permitted to attend the bid opening on production of Authority letter and identity proof..

16.3 The bid shall be opened in the following manner.16.3.1 The bid opening committee shall count the number of bids and assign serial numbers to the bids.

For example, if 10 tenders have been received the bid shall be numbered as 1of 10, 2 of 10 etc. All the members shall initial on the outer envelopes of all the bids with date.

16.3.2 The envelopes containing the tender offer not properly sealed on all pasted joints and prepared as required vide Para 12.1 shall not been opened and shall be rejected outright. Closing the covers by gum and/or staplers will not be treated as sealed cover and will not be opened. The reasons for not opening such tender offers shall be recorded on the face of the envelope and all the members of bid opening committee shall initial with date.

16.3.3 First the outer envelope containing the three envelopes will be opened. The bid opening committee shall initial on all three envelopes with date.

16.3.4 Among the three envelopes, the envelopes marked “BID SECURITY” shall be opened first and examined.

12 of 31 Signature of bidder with Seal

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BHARAT SANCHAR NIGAM LIMITEDO/O General Manager Telecom Yavatmal

16.3.5 The bidders who have submitted proper bid security as per tender document, their “QUALIFYING BID” shall be opened and papers/documents submitted by the bidder shall be examined and recorded by the TOC. After opening the qualifying bid, all the documents contained therein shall be serially numbered and signed by the bid opening committee members.

16.3.6 After recording of the “QUALIFYING BID” the TOC will place all the financial bids submitted by the bidder in an envelope and will seal it with wax for keeping in safe custody.

16.4 The financial bid shall be opened in following manner:16.4.1 The envelopes marked “FINANCIAL BID” will be opened only for qualified tenders in

“QUALIFYING BID”.16.4.2 The date and time of opening of “FINANCIAL BID” shall be conveyed to all the bidders who have

qualified in qualifying bid and their representative shall be allowed to attend the financial bid opening.

16.4.3 After opening the “Financial Bid” the bidders name, bid prices, modifications, bid withdrawals and such other details as BSNL, at its discretion, may consider appropriate: will be announced at the opening.

16.4.4 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.

17 CLARIFICATION OF BIDS BY BSNL To assist in examination, evaluation and comparison of bids, BSNL may, at its discretion ask the bidder for clarification of its bid. The request for its clarification and response shall be in writing. However, no post bid clarification at the initiative of the bidder shall be entertained.

18 PRELIMINARY EVALUATION18.1 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, attested and whether the bids are generally in order.

18.2 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.

18.3 Prior to the detailed evaluation, pursuant to clause 19, 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 deviation. BSNL determination of bids responsiveness is to be based on the contents of the bid itself without recourse to extrinsic evidence.

18.4 A bid, determined as substantively non-responsive will be rejected by BSNL and shall not subsequent to the bid opening be made responsive by the bidder by correction of the non-conformity.

18.5 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 ranking of the bidder.

18.6 Any grievances/discrepancy/clarifications regarding bid opening should be communicated to undersigned in writing within three days after the bid opening. The grievances thereafter will not be entertained.

19 EVALUATION AND COMPARISON OF SUBSTANTIALLY RESPONSIVE BIDS19.1 BSNL shall evaluate in detail and compare the bids previously determined to be substantially

responsive pursuant to clause 1819.2 The evaluation and comparison of responsive bids shall be on unit prices offered and

indicated in schedule of rates of the bid documents.

20 CONTACTING BSNL20.1 Subject to clause 17 no bidder shall try to influence BSNL on any matter relating to his bid ,

from the time of bid opening till the time the contract is awarded.20.2 Any effort by the bidder to modify his bid or influence BSNL in the bid evaluation, bid

comparison or the contract award decision shall result in the rejection of the bid.

13 of 31 Signature of bidder with Seal

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BHARAT SANCHAR NIGAM LIMITEDO/O General Manager Telecom Yavatmal

21 AWARD OF CONTRACT 21.1 BSNL shall consider award of contract only to those eligible bidder whose offer has been found

technically, commercially and financially acceptable.21.2 The work against the tender is for one year 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 BSNL and the contractor, extendable for a further period of 6 months on same rates, terms and conditions. Extension required, if any, beyond this period will be on mutually agreed rates, terms and conditions.

22 BSNL’s RIGHT TO VARY QUANTUM OF WORK.BSNL at the time of award of work 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 rate or other terms and conditions. The work can be extended for Six months if felt by BSNL, on same terms and conditions. The estimate work cost of the tender may increase or decrease up to 25% of the amount mentioned in the NIT.

23 BSNL’s RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS.BSNL reserves the right to accept or reject any bid 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 ground for BSNL action.

24 ISSUE OF LETTER OF INTENT24.1 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.24.2 The bidder shall within 7 days of issue of letter of intent, give his acceptance along with

Performance Bank Guarantee in conformity with clause 5.(1) Section- IV, provided with the bid documents.

25 SIGNING OF AGREEMENT25.1 The signing of agreement shall constitute the award of contract on the bidder. The agreement

with the successful bidder shall be signed by BSNL as soon as the tender is approved by the competent authority, and payment of Performance Security Deposit by the successful bidder.

26 ANNULMENT OF AWARDFailure of the successful bidder to comply with the requirement of clause 24.2 shall constitute sufficient ground for the annulment of the award and forfeiture of the bid security, in which event, BSNL may award the work to any other bidder at their discretion or call for new bids.

27 REDRESSAL OF COMPLAINTS:-

BSNL authorities for redressal of complaints:-

(a) Chief General Manager, Maharashtra Telecom Circle.Juhu Danda Administrative Complex Santacruz (W) Mumbai – 400 054Tel : 022- 26616999 Fax : 022- 26616777

(b) Deputy General Manager (Vigilance)O/O C.G.M.Telecom Juhu Danda Administrative ComplexSantacruz (W) Mumbai – 400 054 Tel : 022- 26616715 Fax : 022- 26615774

(c ) General Manager TelecomDhamangaon Road Yavatmal – 445001 Tel : 07232 244000 Fax :07232 243030

(d) Sub-Divisional Engineer (Vigilance)O/O General Manager TelecomDhamangaon Road ,Yavatmal. Tel : 07232- 252999

14 of 31 Signature of bidder with Seal

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BHARAT SANCHAR NIGAM LIMITEDO/O General Manager Telecom Yavatmal

Section –IV

GENERAL (COMMERCIAL) CONDITIONS OF THE CONTRACT

1.0 APPLICATIONThe general condition shall apply in contract made by BSNL for supply of material .

2.0 STANDARDThe work to be executed under the contract shall conform to the standards prescribed in the scope of work.

3.0 PRICES3.1 Prices charged by the contractor for the works performed under the contract shall not be higher

from the price quoted by the contractor in his bid.3.2 Price once fixed will remain valid for the period of contract. Increase and decrease of market

prices /taxes/duties will not affect the price during this period.

4.0 SUBCONTRACTThe contractor shall not assign, sub contract or subject the whole or any part of the work covered by the contract, under any circumstances.

5.0 SECURITY5.1 PERFORMANCE SECURITY5.1.1 The contractor shall be required to pay 10 % of the contract value as Security Deposit in the

form of Cash or Performance Bank Guarantee issued by Nationalised/Scheduled Bank valid for a period of 18 months from the date of contract.

5.1.2 The proceeds of the performance security shall be payable to BSNL as compensation for any loss resulting from contractor’s failure to completes its obligations under the contract.

5.1.3 The performance security deposit shall be refunded after expiry of contract period 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.

5.1.4 No interest will be paid to the contractor on security deposit.

6.0 ISSUE OF WORK ORDER AND TIME LIMITThe work order shall be issued by AGM (Plg) O/O G.M. Telecom Yavatmal as and when required in single or different lots.

7.0 PAYMENT TERMS7.1 100% payment shall be made on receipt of goods in good condition, installation and

commissioning. Bill is to be submitted through Engineering officer incharge to whom the goods is delivered. The contractor will be responsible to submit the bills prepared, accurately & in time by observing all the formalities.

7.2 As far as possible payment will be made to the tenderer within a period of 60 days after receipt of the bill subject to availability of funds.

PENALTY CLAUSE Failure to complete the supply within the stipulated date and time of three weeks or as mentioned in the PO, liquidated damages of 1.0% of the value of the work order, for every week up to five weeks and 1.5 % per week after five week, at the maximum of 10% of the value of the work order pending beyond such period will be decided by the G.M.T. Yavatmal or for cancellation of the order for the supplies/works to be made.

In exceptional deserving cases, competent authority may consider at his option grant of extension of delivery time without levy of liquidated damages. In the event of non supply of material ordered , within the scheduled /extended delivery period or

after termination of the scheduled / extended delivery period by the contractor, the G. M.T. Yavatmal may consider forfeiture of security deposit wholly or partly as the case may be.

15 of 31 Signature of bidder with Seal

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BHARAT SANCHAR NIGAM LIMITEDO/O General Manager Telecom Yavatmal

Termination for Insolvency:BSNL may at any time terminate the contract by giving written notice to the contractor,

without compensation to the contractor, if the contractor becomes bankrupt otherwise insolvent as declared by 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.

Optional termination by BSNL (other then due default of the contractor):BSNL may, at any time, at its option cancel and terminate the 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 and a reasonable compensation in accordance with the contract prices for any additional expenses already incurred for balance work exclusive of purchase and/or whole of material, machinery and other equipment for use in or in respect of work.

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

9.0 INDEMNITIES9.1 The contractor shall at all times hold BSNL harmless and indemnify from against all action, suits,

proceedings, works, cost, damages, charges, claims and demands of every nature and descriptions, brought or procured against BSNL, its officers and employees and forthwith upon demand and without protect or demur to pay to BSNL any and all losses and damages and costs (inclusive between attorney and client) and all cost incurred in endorsing this or any other indemnity or security which 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 expenses and liabilities resulting from or incidental or in connection with injury, damages of the contractor or damage to the property resulting from or arising out of or in any way connected to or incidental with the operations caused by the contract documents. In addition the contractor shall reimburse BSNL or pay to the Government 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 BSNL, arising out of or incidental to or in connection with the operation covered by the contractor.

9.2 The contractor shall at his own cost at BSNL’s request defend suit, or other proceeding asserting a claim covered by this indemnity, but shall not settle, compound or compromise any suit or other finding without first consulting BSNL.

10.0 FORCE MAJEURE10.1 If any time, during continuation of the contract, the performance in whole or in part by either party

or any obligation under this contract shall be prevented or delayed by reasons of any war, or hostility, acts of the public enemy ,civil commotion sabotage, fire, floods, explosions, epidemics, quarantine restrictions, strikes, lockout or act of God (Herein after referred to as event) 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 be reasons of such event be entitled to terminate this contract nor shall either party have any such claims 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 work have been so resumed or not shall be final and conclusive, provided further that if the performance, in whole or part of any obligations under this contract is prevented or delayed by reasons of any such event for a period exceeding 60 days either party may, at his option, terminate the contract.

10.2 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 material bought out components and stores as the contract may with the concurrence of BSNL elect to retain.

16 of 31 Signature of bidder with Seal

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BHARAT SANCHAR NIGAM LIMITEDO/O General Manager Telecom Yavatmal

11.0 ARBITRATION

11.1 In the event of any question, disputes or differences 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 Maharashtra 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 additions to the functions of Chief General Manager Maharashtra or by whatever designation such officer may be called (hereinafter referred to as the said officer) and if the Chief General Manager Maharashtra 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 the 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 Government Servant, or that he has to deal with the matter to which the agreement relates or that the course in his duties as Government 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 reason 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.

11.2 The arbitrator may from time to time with the consent of the 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, and modifications thereof for the time being in force shall be deemed to apply to the arbitration proceeding under this clause.

11.3 The venue of the arbitration proceeding shall be the office of the Chief General Manager Maharashtra or such other places as the arbitrator may decide. The following procedure should be followed:

11.3.1 In case parties are unable to reach a settlement by themselves, the dispute should be submitted or arbitration in accordance with contract agreement.

11.3.2 There should not be a joint submission with the contractor to the sole Arbitrator.11.3.3 Each party should submit its own claim severally and may oppose the claim put forward by the

other party.11.3.4 The onus of establishing his claim will be left to the contractor.11.3.5 Once a claim has been included in the submission by the contractor, a reiteration or modification

thereof will be opposed.11.3.6 The “point of defense” will be based on actual conditions of the contract.11.3.7 Claims in the nature of ex-gratia payments shall not be entertained by the Arbitrator as these are

not contractual.11.3.8 The question whether these conditions are equitable shall not receive any consideration in the

preparation of “point of defense”.11.3.9. If the contractor includes such claims in his submission, the fact that they are not

contractual will be prominently placed before the arbitrator. The award of the sole Arbitrator shall be final and binding on all the parties to the dispute.

12.0 SET OFFAny 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 BSNL and set off the same against any claim of BSNL or such other person or other 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.

13.0 Blacklisting of Contractor: The contractor shall be blacklisted for a specific period under any of the following circumstances.

17 of 31 Signature of bidder with Seal

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BHARAT SANCHAR NIGAM LIMITEDO/O General Manager Telecom Yavatmal

13.1 If the contractor fails to execute the contract or execute it unsatisfactorily or is proved to be responsible for constructional defects.

13.2 If the two contracts awarded to the contractor, anywhere in BSNL, have been rescinded’13.3 If the contractor is no longer in possession of adequate equipment’s, technical personnel of

financial resources.13.4 If the contractor is litigious by nature or had violated any important condition of the contract.13.5 If the contractor is found to have given false information at the time of enlistment or is declared or

is in the process of being declared bankrupt/insolvent winding-up, dissolved or partitioned.13.6 It the contractor persistently violates the labour regulations and other contract laws.13.7 If the contractor is found involved in unethical business practices.13.8 If the contractor has been found adopting wrongful means to influence the BSNL authorities. The

blacklisted contractor shall neither be allowed to participate in the tender nor shall be allowed to apply for fresh enlistment anywhere in the BSNL during the specified period of blacklisting.

14.0 Period of removal/blacklisting:14.1 Removal

The contractor who has been removed from the enlistment shall neither be allowed to participate in the tender anywhere in the BSNL nor shall be allowed to apply for enlistment for a period of 10 years from the date of issue of order.

14.2.1 Black-listingThe contractor who has been blacklisted shall neither be allowed to participate in the tender anywhere in the BSNL nor shall be allowed to apply for enlistment for a minimum period of two years and maximum period of five years from the date of issue of orders. The action of removal /black-listing will impact the economic interest of the contractor and therefore it is likely that the contractor may seek recourse to legal action, it is therefore incumbent on the part of the competent authority to ensure that proper and adequate ground exist for such decision. However, for proper and timely execution of work, the terms and conditions should be observed meticulously and appropriate & timely action should be initiated against the contractor(s) if delays, lapses or violations are observed without waiting for their repetition. Timely execution of work with requisite quality at competitive cost is the essence of the contract system.

15. Right to Cancel the Contract.15.1 The BSNL shall have the right to cancel the contract & forfeit S/D if subsequently it is found that

the approved contractor is a “Member of Family” of a “Government servant”.15.2 The tenderer who is a “Member of Family” of a “Government Servant” working either in BSNL,

Yavatmal, MTNL or Telecom Department is not eligible to bid for this tender15.3 It is binding on every tenderer to give declaration along with the tender in the prescribed proforma

enclosed with tender document. 15.4 Definitions: - In these rules, unless the context otherwise requires –

15.4.1 The Government” means the Central Government;15.4.2 “Government Servant” means any person appointed by Government to any civil service or post in connection with the affairs of the Union & includes a civilian in a Defense service;

15.5 Explanation - A Government Servant whose services are placed at the disposal of company, Corporation, organization or a Local Authority by the Government shall, for the purposes of these rules, be deemed to be a Government Servant serving under the Government not withstanding that his salary is drawn from sources other than the Consolidated Fund of India;

15.5.1 “Members of Family” in relation to a Government Servant includes – 15.5.2 The near relatives for this purpose are defined as,

15.5.3 Member of a Hindu Undivided family, 15.5.4 They are husband & wife, 15.5.5 The one is related to the other in the manner as father & fathers Brother(s), Sister(s), mother & mothers brother(s), Sister(s) son(s) & son’s wife (daughter-in-law), Daughter(s) & daughter’s husband (son-in-law), brother(s) & brother’s wife sister(s) & sister’s husband (brother in-law).

18 of 31 Signature of bidder with Seal

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BHARAT SANCHAR NIGAM LIMITEDO/O General Manager Telecom Yavatmal

Section - V

SPECIAL TERMS AND CONDITIONS OF CONTRACT

1 GENERAL:

1.1 BSNL reserves the right to disqualify such bidders who have a record of not meeting contractual obligations against earlier contracts entered into with BSNL.

1.2.1 BSNL reserves the right to black list a bidder for a suitable period in case he fails to honor his bid without sufficient grounds.

1.3 BSNL reserves the right to counter offers price(s) against price (s) quoted by any bidder.

1.4 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.

1.5 Tender will be evaluated as a single package.

1.5.1 All work to be executed under the contract shall be executed under the direction and subject to the approval in all respects of by the Sub-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.

1.6 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 BSNL shall given notice in writing of the fact to the contractor who shall have no claim to any payment of compensation whatsoever on the account of any profit or advantage which he might have derived in consequence of the full amount of the week 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, drawing, designs and instructions which shall involve any curtailment of the work as originally contemplated.

1.7 Whenever any claims against the contractor for the payment of a sum of money arises out of or under the contract, BSNL shall be entitled to recover such sum by appropriating in part or whole the security deposit of the contractor, and to sell any Government 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 contractor with Government. Should this sum be not sufficient to cover the full amount recoverable the contractor or shall pay to BSNL on demand the balance remaining due.

1.8 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 Government of India is allowed to work as a contractor for a period of two years after his retirement from Government service without the previous permission of Government of India This contract is liable to be cancelled if either the contractor or any of his employee is found at any time to be such a person who hadn’t obtained the permission of Government of India as aforesaid before submission of the engagement in the contractor’s service as the case may be.

1.9 In the event of the contractor being adjusted insolvent or going voluntary 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 voluntary or

19 of 31 Signature of bidder with Seal

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BHARAT SANCHAR NIGAM LIMITEDO/O General Manager Telecom Yavatmal

otherwise, or in the event of the contractor failing to company with any of the conditions herein specified, The GMT Yavatmal, shall have the power to terminate the contract without any notice.

1.10 Without prejudice to any of the rights or remedies under this contract, if the contractor dies, the GMT Yavatmal on behalf of Bharat Sanchar Nigam Limited can terminate the contract without compensation to the contractor. However GMT Yavatmal, 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 GMT Yavatmal shall be the final.

1.11 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.

1.12 Interpretation of the contract document : 1.12.1 The representative of GMT Yavatmal and the contractor shall in so far as possible by mutual

consultation, try to decide upon the meaning and intent of the contract document .In-case of disagreement the matter shall be referred to GMT Yavatmal whose decision shall be final. Any change in the contract documents shall be set forth in writing by the representative of the parties hereto. It shall be the contractor’s responsibility to thoroughly familiarize all of his supervisory personnel with the contents of all the contract documents.

1.15 Notification:1.15.1 The contractor shall given in writing to the proper person or authority with a copy to the Divisional

Engineer 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 of 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.

1.16 Shut down on account of weather conditions:1.16.1 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 BSNL or deemed advisable on account of bad weather conditions or other force majeure conditions.

2 TECHNICAL: 2.1 Material supplied should be standard quality. (ISO/ISI branded) as mentioned in Specification and

should be supplied in BSNL/MTNL/DOT Central/state Govt Org in current or each of Last two financial year. Certificate to be produced in qualifying bid.

2.2 Material should be supplied as per the technical specification mentioned in the tender document strictly. (Scope of Work).

2.3 The bidder must submit specification catalog along with ISO / ISI certificates of The specification catalog submitted by bidder should fulfill the technical specifications of tender mentioned on scope of work.

2.4 The bid without fulfillment of the technical terms and conditions, specifications as per scope of work will be summarily rejected.

20 of 31 Signature of bidder with Seal

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BHARAT SANCHAR NIGAM LIMITEDO/O General Manager Telecom Yavatmal

3. WARRANTEE:3.1 The warrantee period is Two Year from the date of supply of material for manufacturing

defects. The supplier shall warrant that stores to be supplied shall be new and free from all defects in material, workmanship and manufacture and shall be the highest grade and consistent with the established and generally accepted standards for material of the type ordered and shall perform in full conformity with the specifications and drawings. The supplier shall be responsible for any defect that may develop under the conditions provided by the contract and under proper use, arising from faulty materials, design or workmanship such as corrosion or equipment, inadequate, quantity of material to meet equipment, requirements, inadequate contract protection, deficiencies in and shall remedy such defects at his own cost when called upon to do so by the purchaser who shall state in writing in what respect the stores are faulty.

3.2 If it becomes necessary for the supplier to replace or renew any defective portion of the material under this clause, the provisions of the clauses shall apply to the warrantee period. If any defect is not remedied within a responsible time the purchaser may procure the material at the contractors risk and expenses, but without prejudice to any other rights, which the purchaser may have against the contractors in respect of such defect.

4. TAXES AND DUTIES:

Contractor shall pay all rates, levies, fees royalties, and GST payable or arising from out of, by virtue of or in connection with and/ or incidental to the contract or any of the obligations of the parties in terms of the contractor documents and/ or in respect of the works or operations or any part thereof to be performed by the contractor and the contractor shall indemnify and keep indemnified BSNL from and against the same or any default by the contractor in the payment thereof.

21 of 31 Signature of bidder with Seal

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BHARAT SANCHAR NIGAM LIMITEDO/O General Manager Telecom Yavatmal

Section - VISCOPE OF WORK

Specification:-1. Requirement received from field units for Supply of PVC Sleeve & PVC Tape for BSNL, Yavatmal.

S.No. Name of the item Unit of Quantitymeasurement

1 Supply of PVC Tape Per No 16600(18mm ISI Mark 7.5 Meter)

2 Supply of PVC Sleeve Per No 27 KM(ISI Mark)

22 of 31 Signature of bidder with Seal

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BHARAT SANCHAR NIGAM LIMITEDO/O General Manager Telecom Yavatmal

Section- VII.

PROFORMA FOR DECLARATION REGARDING NEAR RELATIVES WORKING IN BSNL/MTNL/DOT

I/We :-_______________________________hereby declare 1. That I or any of my partner am/is neither working in any capacity in GMT YavatmalTelecom District or any where in the BSNL/MTLN/DOT, Mumbai/New Delhi nor am/is removed/dismissed from service of BSNL/MTNL/DOT.

2. That none of my near relatives are working in any capacity in GMT Yavatmal or any where in The BSNL/DOT/MTNL, Mumbai/New Delhi nor am/is removed dismissed from service ofBSNL /MTNL/DOT.

3. That the details of my near relatives working in BSNL/MTNL/DOT are as under :-.

Srl No Name and Address Capacity in which working

Office in which working

4. That in case of change of partners or change in constitution of the firm, I shall abide by the Conditions of the contract and shall being any change to the knowledge of the GMT

Yavatmal immediately.5. i) That I/We shall intimate the names of persons working in BSNL/MTNL/DOT related to our

employees who are working with me/us in any capacity or are subsequently employed by me/us.

ii) That none of my employees is a removed/dismissed employee or either any unit of BSNL/MTNL/DOT.

6.. That I/We am/are aware that any breach of the conditions would render the contract is liable for termination along with cancellation of any other existing contracts and forfeiting or my/our Earnest Money Deposit/Security Deposit held by GMT Yavatmal District.

7 If at any time, it is found that the information given in the above appendix is incorrect/incomplete, the contract is liable to be terminated without assigning any reason and the SD shall be forfeited and legal actions shall be initiated without any prejudice i.e. to the rights of the BSNL to debar the firm from entering in to future contracts.

Place : Signature __________________

Date: Name ______________________

Capacity in which he is signing.

Seal of the Company to be affixed

NOTE – The term “relatives” means wife/husband/parents and grand parents/children/grand children/brother/sister/uncles/aunts/cousins and their corresponding in/laws.(Ref clause 15 above)

23 of 31 Signature of bidder with Seal

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BHARAT SANCHAR NIGAM LIMITEDO/O General Manager Telecom Yavatmal

Section -VIIIAGREEMENT (Specimen)

The Successful bidder shall have to execute the following agreement, on Rs. 100 Non judicial Stamp paper.

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 its successors, heir, executors,

administrative representative and assignee) of the one part & the Bharat Sanchar Nigam Limited here in

after referred to as BSNL, of other part .

Where as the contractor has offered to enter into contract with the said BSNL for the work of

Supply of PVC Tape & PVC Sleeve to Yavatmal SSA on the terms and conditions herein contained in Tender No. W-3-278/Limited Tender/Supply of PVC Tape & Sleeve/2017-18/ Dated 28/02/2018and the rates approved by 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 whereas no interest will be claimed on the security deposits.

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

presents as follows.

1) The contractor shall, during the period of this contract that is to say from ___________ to ________

or completion of work for Rs _____________(In Word )____________Whichever is earlier or until this

contract 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 equipment etc. to be

supplied by him to his labour at his own expenses, all associated works as described in tender

documents (annexed to the agreement), when BSNL or GMTD Yavatmal or any other persons

authorised by GMT Yavatmal in that behalf require. It is under stood by the contractor that the

quantity of work mentioned on the schedule is likely to charge as per actual requirements as

demanded by exigencies of service.

2) The NIT (notice inviting tender), Bid documents (Qualifying and Financials), letter of intent, approved

rates, annexed hereto and such other additional particulars, instructions, drawing, work orders as

may be found requisite to be given during executions, 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.

24 of 31 Signature of bidder with Seal

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BHARAT SANCHAR NIGAM LIMITEDO/O General Manager Telecom Yavatmal

3) The contractor shall also supply the requisite number of workmen with means & materials as well as

tools, appliance, 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/MTNL/DoT/DTS is not/shall not ever be admitted as partner in the contract.

5) The contractor shall abide by the terms and conditions, rules, guidelines, constructions practices,

safety precautions etc. stipulated in the tender document including any correspondence between the

contractor and BSNL having bearing on execution of work and payments of work to be done under

the contract.

In witness where 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 & Delivered on behalf

of BSNL Yavatmal

Witness :

1.

2.

25 of 31 Signature of bidder with Seal

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BHARAT SANCHAR NIGAM LIMITEDO/O General Manager Telecom Yavatmal

Section - IX

LETTER OF AUTHORISATION FOR ATTENDING BID OPENING

Tender Number ___________________________

Subject: Authorization for attending bid opening on _______________ (date) in

the Tender of ………………………………………………………

Following person is hereby authorized to attend the bid opening for the tender

mentioned above on behalf of_______________________ (Bidder).

Name of representative specimen signature of representative

.

Signature of bidder or

Office authorized to sign the bid Documents on behalf of the bidder

Signature of representative(To be signed in front of tender opening committee)

1. Maximum of One representative will be permitted to attend bid opening.

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

authorization letter along with identity proof as prescribed above is not produced.

26 of 31 Signature of bidder with Seal

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BHARAT SANCHAR NIGAM LIMITEDO/O General Manager Telecom Yavatmal

Section – X PERFORMANCE SECURITY BOND FORM

In consideration of the GMT, BSNL Yavatmal (hereinafter called " BSNL") having agreed to accept the tender of M/S_______________________________ (hereinafter called 'the said Contractor (s), under the terms and conditions of the tender No. W-3-278/Limited Tender/Supply of PVC Tape & Sleeve/2017-18/ Dated 28/02/2018 for the work of Supply of PVC Tape & PVC Sleeve to Yavatmal SSA. (name of the work). The security deposit for the due fulfillment by the said Contractor (s) of the terms and conditions contained in the said tender on production of a bank guarantee for Rs.__________________________

1. we,______________________________(Name of the bank) (hereinafter referred to as

"the Bank") at the request of M/S._________________________contractor(s) do hereby undertake

to pay to the “BSNL” an amount not exceeding Rs.________________ against any loss or damage

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

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

2 We _________________________________(Name of the bank) do hereby undertake to pay

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

the “BSNL” stating that the amount claimed is due by way of loss or damage caused to or would be

caused to or suffered by the “BSNL” by reason of breach by the said contractors) of any of terms or

conditions contained in the said tender or by reason of the contractors) failure to perform the said

work. 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 the “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 Rs__________.

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 thereunder and the contractor(s)/Supplier (s) shall have no claim against us for

making 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 tender and that it shall continue to be enforceable

till all the dues to the “BSNL” under or by virtue of the said tender have been fully paid and its

claims satisfied or discharged or till BSNL certifies that the terms and conditions of the said

tender have been fully and 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 writing

27 of 31 Signature of bidder with Seal

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BHARAT SANCHAR NIGAM LIMITEDO/O General Manager Telecom Yavatmal

on or before the expiry of eighteen months from the date hereof, we shall be discharged from all

liability under this guarantee thereafter.

5 We _____________________________________-- ( Name of the bank) further agree

with the “BSNL” that the “BSNL” shall have the fullest liberty without our consent and without

affecting in any manner our obligations hereunder to vary the terms and conditions of the said

tender or to extend time of performance by the said contractors) from time to time or to postpone

for any time or from time to time any of the powers exercisable by the “BSNL” against the said

contractor (s) and to forbear or enforce any of the terms and conditions relating to the said tender

and we shall not be relieved from our liability by reason of any such variation, or extension being

granted to the said contractor(s) or for any forbearance, act or omission on the part of the “BSNL”

or any indulgence by the “BSNL” to the said contractor(s) or by any such matter or thing

whatsoever which under the law relating to sureties would, but for this provision, have effect of so

relieving us.

6. This guarantee will not be discharged due to the change in the Constitution of the Bank

or the Contractor(s)/Supplier(s).

7. We _______________________________________(name of the bank) lastly undertake not

to revoke this guarantee during its currency except with the previous consent of the “BSNL” in

writing.

8. The guarantee shall remain valid for the period of 18 months from the date of issue i.e.

up to__________________.

Dated the_________day of________2018 for__________________________________________

Date: Signature of Bank authorityDesignation of the officer

Place : Seal of the bank.

28 of 31 Signature of bidder with Seal

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BHARAT SANCHAR NIGAM LIMITEDO/O General Manager Telecom Yavatmal

Section - XIList of documents to be submitted with the bid

7.13 ACG-67 receipt/DD towards cost of tender document.

7.14 ACG-67 receipt/DD towards Bid security ( EMD).

7.15 Tender document(s), in original, duly filled in all respect and signed by tenderer or hisauthorized representative (wherever written as Bidders Signature / Authorized Signatory) along with seal on each page. All corrections and overwriting must be initialed with date by the bidder or his authorized representative. The bids not filled duly in any part will be rejected.

7.16 copy of the registration of the firm.

7.17 Authenticated copy of partnership deed in case of partnership firm.

7.18 If Private Limited or public limited company an copy of memorandum of association is to be enclosed.

7.19 Original “Power of Attorney” in case of person other then the bidder has signed the tender documents.

7.20 copy of experience of supplying material costing not less than 35% of Tender Estimated Cost within last three years to the Govt./Semi Govt./ Public Sector undertaking / Private Limited Company as per Annex –X. A certificate in this regard should be issued by an officer not below the rank of Gr-A officer. Tenders without experience certificate are liable for summary rejection.

7.21 copy of the PAN card.

7.22 copy of GST Registration.

7.23 copy of latest Income Tax return.

7.24 Declaration regarding non working of near relatives in BSNL/MTNL/DOT on firm letter pad. (Section- VII).

29 of 31 Signature of bidder with Seal

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BHARAT SANCHAR NIGAM LIMITEDO/O General Manager Telecom Yavatmal

Section - XII

BHARATSANCHAR NIGAM LIMITED(A GOVT. OF INDIA ENTERPRISE)

OFFICE OF THE GENERAL MANAGER TELECOM DHAMANGAON ROAD YAVATMAL - 445001.

FINANCIAL BID FOR

Limited Tender for Supply of PVC Sleeve &

PVC Tape to Yavatmal SSA

Tender No. W-3-278/Limited Tender/Supply of PVC Tape & Sleeve/2017-18/ Dated 28/02/2018

Last date for submission: Name of the Bidder:

30 of 31 Signature of bidder with Seal

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BHARAT SANCHAR NIGAM LIMITEDO/O General Manager Telecom Yavatmal

Financial Bid

(Format for quoting prices )ToThe Assistant General Manager ( Plg)BSNL, Yavatmal

Ref: W-3-278/Limited Tender/Supply of PVC Tape & Sleeve/2017-18/ Dated 28/02/2018

Subject: Our Financial Bid for Supply of sealed PVC Tape & PVC Sleeve to Yavatmal SSA.

Dear Sir,Having examined the Limited Tender documents, terms and conditions stipulated therein, specifications etc., we the under signed offer to execute the work of Supply of PVC Sleeve & PVC Tape in conformity with the said specifications and conditions of contract as under :

S.No. Name of the item Unit of Quantity Unit rate Amountmeasurement

1 Supply of PVC Tape Per No 16600 (18mm ISI Mark) 7.5 Meter)

2 Supply of PVC Sleeve Per No 27 KM(ISI Mark)

Total in Rs.

Note :- The rates quoted include all incidental charges with free delivery at the consignee’s premise but exclusive of GST. GST will be paid extra as applicable.

Declaration :I/We declare that: -

i) Should this tender be accepted, I/We agree to abide by & fulfil all the terms & conditions set forth in the tender document.

ii) I/We agree to pay the amount of security deposit/performance bank guarantee of 10% of the finalised tender value.

Dated / / Signature & Seal Tenderer for and on

behalf of ............................................... Name & Address...................................

31 of 31 Signature of bidder with Seal