SUPPLY OF NAPHA SLABS

Transcription

1 NIT NO:DET/OFP/HBL/ /T-63/II/17 Dtd BHARAT SANCHAR NIGAM LIMITED (A GOVT.OF INDIA ENTERPRISE) OFFICE OF THE DIVISIONAL ENGINEER, BSNL, OPTICAL FIBRE PROJECT TYPE V, E I, BSNL STSR STAFF QTRS., NEAR M/W STATION COMPOUND, SULLA ROAD, SHANTI NAGAR, HUBLI SHORT TERM E-TENDER DOCUMENT FOR SUPPLY OF NAPHA SLABS

2 NIT NO:DET/OFP/HBL/ /T-63/II/17 Dtd BHARAT SANCHAR NIGAM LIMITED (A GOVT.OF INDIA ENTERPRISE) OFFICE OF THE DIVISIONAL ENGINEER, BSNL, OPTICAL FIBRE PROJECT, TYPE V, E - I, BSNL STSR STAFF QUARTERS, NEAR M/W STATION COMPOUND, SULLA ROAD, SHANTI NAGAR, HUBLI (For office use only) TENDER FORM (NON TRANSFERABLE) 1.. Issued to : 2.. Number, Bank & Date of Demand Draft for tender form 3.. Date of issue of application to the contractor 4.. Initial of issuing officer with date : : : DIVISIONAL ENGINEER OPTICAL FIBRE PROJECT HUBLI.

3 NIT NO:DET/OFP/HBL/ /T-63/II/17 Dtd INDEX Sl. No. TOPIC Page No. 1. NOTICE INVITING TENDER 1 2. SPECIAL INSTRUCTIONS & INFORMATION 2 3. SPECIFICATIONS 4 1. TERMS & CONDITIONS INSTRUCTIONS & GENERAL RULES AND GUIDELINES TO TENDERERS 1 GENERAL TERMS USED AND INTERPRETATION: 3 SUBMISSION OF TENDERS: 4 LATE TENDERS : 5 DOCUMENTS TO BE SUBMITTED WITH TENDER: 6 EMD / SD / PERFORMANCE SECURITY: 6 QUANTITY TO BE ORDERED 8 QUOTATION: 8 REJECTION OF TENDERS: 9 VALIDITY FOR ACCEPTANCE 9 TENDER EVALUATION: 9 SIGNING OF CONTRACT AGREEMENT: 10 PERIOD OF VALIDITY OF TENDER: 10 RATE VARIATION: 10 PURCHASE ORDER & DELIVERY: 10 PATENT RIGHTS : 12 TIME FOR COMPLETION OF SUPPLY: 12 EXTENSION OF TIME : 12 INSPECTION & QUALITY 12 PAYMENT : 13 BREACH OF CONTRACT 13 PENALTY FOR BREACH OF CONTRACT 14 TERMINATION FOR DEFAULT: 15 OPTIONAL TERMINATION BY GOVERNMENT (OTHER THAN DEFAULT 15 OF CONTRACTOR) / CURTAILMENT OF WORK. WARRANTY/ GUARANTEE: 16 LIQUIDATED DAMAGES 16 FORCE MAJEURE: 17 ARBITRATION 18 AGREEMENT ( proforma) QUOTATIONS / DETAILS TO BE FILLED UP BY TENDERER INFORMATION ABOUT TENDERS 1 Near Relative Cerificate 2 & 3 QUOTATION 4

4 BHARAT SANCHAR NIGAM LIMITED (A Government of India Enterprise) O/o. DIVISIONAL ENGINEER TELECOM, OPTICAL FIBRE PROJECTS, TYPE-V, E-I, BSNL STSR STAFF QTRS, NEAR M/W STATION COMPOUND, SULLA ROAD, SHANTI NAGAR, HUBLI Ph: , Fax : NOTICE INVITING SHORT TERM E-TENDER Work: SUPPLY OF NAPHA SLBAS under DET OFP Hubli jurisdiction E-Tenders are invited by Divisional Engineer Telecom, Optical Fibre Projects, Hubli from reputed and experienced suppliers Supply of NAPHA SLABS E -TENDER No: NIT No.DET/OFP/HBL/ /T-63/II/ 17 Dtd Name of work E-Tender for Supply of Napha Slabs in Raichur, Belgaum, Dharwad, Haveri, Gadag, Koppal Districts and Goa State. 2 Estimated Cost As mentioned below 3 Earnest Money Deposit As mentioned below 4 Cost of bid document Rs 590-(Rupees Five Hundred Ninety only) Non-Refundable 5 Last date & time for online submission of tender 6 Last date & time for submission of DD towards cost of tender/e-tender documents & EMD through post/ speed post/register post/courier only. [No DD or tender documents will be accepted either in person or in tender box] at 13.00hrs at 13.00hrs 7 E-Tender opening (Two bid)-technical bid at 14.30hrs 7.a E-Tender opening (Two bid)-financial bid at 12.30hrs 8 E-tender Processing fee 0.05% of Estimated cost put to tender (Minimum Rs. 500/- and Maximum Rs. 5000/-) + GST (@18%), payable to M/s ITI by credit/debit card, internet banking facility. 9 Help desk for E-tender process/procedure (Timings:0900 to 2000 Hrs Help desk of M/s ITI: Shri Dhanraj, Mobile No: Tender Wizard Office No

5 SECTION-I NOTICE INVITING E-TENDER BHARAT SANCHAR NIGAM LIMITED (A Government of India Enterprise) OFFICE OF THE DIVISIONAL ENGINEER, OPTICAL FIBRE PROJECT, TYPE V, E I, BSNL STSR STAFF QUARTERS, NEAR M/W STATION COMPOUND, SULLA ROAD, SHANTI NAGAR, HUBLI DE. No OFFICE STD CODE E-TENDER FOR SUPPLY OF NAPHA SLABS NIT No: DET/OFP/HBL/ /T-63/II/ 17 Dtd E-Tender is invited for and on behalf of BSNL by the Divisional Engineer, Optical fibre project, Hubli, from the reputed & experienced suppliers for the following item: 1. Name of work: Supply of Napha Slabs 2. Area of Contract: Raichur, Belgaum, Dharwad, Haveri, Gadag, Koppal Districts & Goa State Sl. No ITEM 1. Napha Slab Size: 60 Cm (L) X 20 Cm (W) X 4 Cm (T) Approx. Quantity Reqd Nos Est. Rate Estimate cost in Rs EMD Rs Period of contract Cost of Document 21 3,15,000/- 7900/- 1 Year 590/- 1. The successful Bidder has to supply the material to various work locations/store yard in the above districts. viz., Raichur, Belgaum, Dharwad, Haveri, Gadag, Koppal Districts & Goa State as per mentioned in the P.O. 2. The Tender quantity may vary by + 25% of the estimated quantity and the validity period is for one year. In case BSNL requires extension, can be extended for 6 more months. 4

6 1. The intending bidder must have valid class-iii digital signature to submit the bid. 2. The bid documents consisting of plans, specifications, the schedule of quantities of various types of items to be executed and the set of terms and conditions of the contract to be complied with and other necessary documents can be seen and downloaded from website /BSNL at free of cost from & up to Hrs on The tender document is also available on (for view only) 3. After submission of the bid, the bidder can re-submit revised bid any number of times but before last time and date of submission of tender as notified. While submitting the revised bid, bidder can revise the rate of one or more item(s) any number of times (he need not re-enter rate of all the items) but, before last time and date of submission of tender as notified. 4.The Earnest money deposit (EMD) in the form of demand draft of a nationalized / scheduled bank of the Reserve Bank of India, drawn in favour of AO BSNL STP BENGALURU, payable at Bengaluru, shall be scanned & uploaded to the e-tendering website within the period of tender submission. The validity of the EMD in the form of DD shall be 90 days from the date of NIT. 5. Cost of Bid Document amounting to Rs.590/-(in the form of Demand Draft) drawn in favour of AO BSNL STP Bengaluru payable at Bengaluru shall be scanned & uploaded to the e-tendering website within the period of tender submission. 6. The EMD DD & cost of bid document DD of which the scanned copies are uploaded shall be deposited by all the bidders within the due date & time, failing which the bid shall be rejected. 7. The EMD of the all unsuccessful bidders shall be released on issue of award letter to the successful tenderer. This shall be done within a week of award letter. 8. The bidder registered under Single Point Registration Scheme of MSME/NSIC are eligible for exception from cost of the tender document and earnest money deposit subject to the production of requisite proof of latest MSME/NSIC registration certificate for the tendered item valid on the date of opening of tender. However the successful bidder has to submit 5% of the estimate cost as security deposit at the time of making agreement. 9. Interested bidder who wishes to participate in the bid shall register in M/s. ITI Limited portal by paying registration fee through their e-gateway by credit/debit card internet banking facility. 10. All the documents as specified in the tender document shall be scanned and uploaded through online PDF Signer in e-tendering website within the time period of bid submission. 11. Online bid documents submitted by intending bidders shall be opened only of those bidders, who have deposited e-tender Processing Fee with M/s ITI Limited and Earnest Money Deposit, cost of bid document and other documents scanned & uploaded. Note: Only uploaded documents shall be considered for deciding the eligibility of the bidder. 5

7 12. The bid submitted shall become invalid and e-tender processing fee & cost of bid document shall not be refunded if: a) The bidders are found ineligible. b) The bidders do not upload all the documents as stipulated in the bid document. c) Bids in which any of the prescribed conditions is not fulfilled or any condition including that of conditional rebate is put forth by the bidders. d) The bidder does not deposit EMD DD & cost of bid document DD along with the hard copies of uploaded documents. e) No running bill will be entertained, final bill will be processed only after satisfactory completion of OFC route. f) Contractor should submit the DD s towards the cost of tender document and EMD after uploading their bid in e-tender through post/speed post/ registered post/courier only within the specified time for submission of DDs to the tender opening authority. No DDs / tender documents & attested copies wherever applicable will be accepted either in person or in tender box. Any contractor failed to submit these DDs towards the cost of tender document and EMD within the time specified for submission of DDs after uploading their bid in the e- tender will not be treated as successful bidder and will be black listed / debarred to take participation in any tender / e-tender for a period of One year from the date of opening of tender under the jurisdiction of CGM STP Circle, Chennai. 13. Any contractor failed to submit these DDs towards the cost of tender document and EMD within the time specified for submission of DDs after uploading their bid in the e- tender will not be treated as successful bidder and will be black listed / debarred to take participation in any tender / e-tender for a period of One year from the date of opening of tender under the jurisdiction of CGM STP Circle, Chennai. 14. The DDs should be taken on or after the date of NIT and before the date of closing of e-tender. BSNL is not responsible for any delay in submission of DDs due to postal / courier / natural calamities whatever may be the reason. If the DDs are not received within scheduled time specified in the NIT will be treated as non submission of DDs. 15. Last date for submission of e-tender at 13:00 hrs. 16. Last date for submission of DDs towards the cost of tender / e-tender documents & EMD at 13:00 hrs and date & time of opening of Technical bid at 14:30 hrs and date & time of opening of Financial bid at 12:30 hrs. 17. The L-1 bidder has to submit all the original hard copies of entire tender document and attested copies (wherever applicable) uploaded by him whenever he has been called for in the office for submission, failing which tender will be cancelled. 18. Due to GST implementation Taxes applicable will be collected as per GST guidelines. 19. Tender document to be read in GST context & terms not application can be ignored. 20. VAT/TIN Registration No. May be modified as GST registration No. 21. Service tax may be modified as 18%. 22. Contractor who have GST registration no. only are eligible for participating in bidding process. 6

8 Amendments if any to the tender documents will be notified in the above web site then and there. The rates are to be quoted in a prescribed e-tender online submission along with tender eligible documents. THE QUOTED RATE SHOULD BE INCLUSIVE OF ALL TAXES EXCLUDING GST. Kindly Note : Rate Quoted in the financial bid and uploaded in the online E-Tender Website will be considered. The Deputy General Manager, optical fiber Projects, Hubli, reserves the right to reject any or all tenders without assigning any reason whatsoever and he is not bound to accept the lowest tender. He has also the right to divide the tender to two or more tenderer at his discretion. Any tender not according to the terms and conditions and specifications mentioned in e-tender documents will be rejected at the option of the authority competent to accept the tender. Sd/- Divisional Engineer Telecom, Optical Fibre Projects, Hubli

9 TERMS & CONDITIONS INSTRUCTIONS &GENERAL RULES AND GUIDELINES TO TENDERERS: 1. The Tenderer must carefully read all the terms, conditions and specifications before filling up the tender schedule and his quotation. Tenderers are requested to get well versed with the tender conditions/specifications and guidelines written hereunder. The tender document is non transferable i.e., tender document purchased by one party cannot be exchanged with another party. 2. Tenderers who are bidding for the supply should be original manufacturers / dealers having a factory from which he will be able to supply the items in time. Tenderers who are confident of expediting the supply in time with the required resources may also participate in this tender offer. 3. The NIT will contain the details of the tender as well as the date for submitting and opening tenders and the time allowed for execution of contract, also the amount of Earnest Money Deposit to be deposited with the tender and amount of the security deposit to be deposited by the successful tenderer and the percentage, if any to be deducted from the bill. 4. In the event of the tender being submitted by a Partnership firm, it must be signed separately by each partners thereof or in the event of the absence of any partner it must be signed on his behalf by a person holding a power of attorney authorising him to do so, such power of attorney to be produced with the tender and it must disclose that the firm is duly registered under the Indian Partnership Act 1937 and its amendments from time to time. 5. Receipt of payment made on account of supply, when executed by a partnership firm and also be signed by, the several partners except where the contractors are described in their tender as a firm, in which case the receipt must be signed in the name of the firm by one of the partners or by some other persons having authority to give official receipts for the firm. 6. Any person(s) who submits a tender shall fill up the printed form, stating at what rates he is willing to undertake each item of supply. Tenders with conditions such as with a mention that increase in market rates or taxes or duties of manufacturer s rates etc., will be charged extra, will stand disqualified and will not be accepted. Tenders having conditions that the rates are valid upto particular period / date and thereafter subject to confirmation etc., will also stand disqualified and will not be accepted. Tenders which propose any alteration in the items of supply specified in the said form of invitation to tender or in the time allowed for carrying out the supply or which contain any other conditions of any sort or having any uncalled for remarks is liable to be summarily rejected. No modification by the contractor of any of the conditions of the Tender will be permitted.

10 7. If a tenderer is successful in more than one item of supply, he should have the capacity to carry out supply of each of the items simultaneously failing which his EMD & SD will be forfeited. DGM has the powers to decide whether more than one item of supply is to be allotted to the same contractor. 8. The Officer calling the tender or his duly authorised representatives, will open the tenders in the presence of intending contractors who may be present at the time, and will enter the amounts of the several tenders in a comparative statement in a suitable form In the event of a tender being accepted, the EMD submitted shall be converted as S.D. In the event of a tender being rejected the earnest money forwarded with the unaccepted tender shall there upon be returned to the tenderer at the earliest. 9. The contractor's responsibility for the contract shall commence from the date of issue of orders of acceptance of tender. 10. The tendered rates on acceptance shall be valid for a period of one year from the date of signing of agreement. 11. Letters etc., raising or lowering the rates or dealing with any point in connection with the tender will not be considered. 12. Sales Tax or any other tax on materials in respect of the contract shall be payable by the contractor and the Government will not entertain any claim whatsoever in this respect. 13. Issue of tender forms will be closed on the date and time indicated in the Notice Inviting Tender. 14. No Engineer of Gazetted rank or other Gazetted Officer, employed in Engineering or administrative duties in an Engineering Department of the Government of India is allowed to work as a contractor for a period of two years of the retirement from Government Service without the previous permission of the Government of India. This contract is liable to be cancelled if either the contractor or any of his employees is found at any time to be such a person who had not obtained permission of Government of India as aforesaid before submission of the tender or engagement in the contractor's service as the case may be. 15. The items shall be supplied in accordance with the specifications for the various items of work. In case it is found necessary to revise the specifications, the rates, of substituted or altered or additional items may be got approved by the competent authority failing which the government will not entertain any claim on this account in respect of such items.

11 16. The contractor whose tender is accepted will have to sign all the extra clauses and conditions enforced in the BSNL/ Department to date. 17. The tenderer shall submit a list of supplies executed by him and those on hand. 18. The approved contractor shall in no circumstances sublet the contract. 19. If any dispute, difference or rejection whatsoever shall arise in anyway connected with or arising out of this contract or in operation of any part there of or the rights, duties or liabilities of either party the decision of which is not otherwise provided for, the decision of the General Manager Transmission Projects Bangalore shall be final and binding on the tenderer. 20. To assist in the examination, evaluation and comparison of bids, the Purchaser may, at its discretion ask the bidder for the clarification of its bid. The request for clarification and the response shall be in writing. However no post bid clarification at the initiative of the bidder shall be entertained. GENERAL TERMS USED AND INTERPRETATION: 21. (i) The contract means the documents forming tender and acceptance thereof and the formal agreement executed between the BSNL and the contractor together with the document referred to therein including these conditions and specifications, designs and drawings and instruction issued from time to time by the BSNL/ Department and all these documents taken together shall be deemed to form one contract and shall be complimentary to one another. (ii) INTERPRETATION CLAUSE: In the Contract the following expression shall, unless the contract otherwise requires have the meanings hereby respectively assigned to them. a) The President means the President of India and his successors. b)'government' means the President of India. c)'department' means Department of Telecommunications. d) BSNL/ Company means Bharat Sanchar Nigam Limited. d)'tenderer', Person(s) who are participating in the tender. After finalization of the tender the term Tenderer will also mean the company or person(s) to whom the tender is awarded.

12 e) 'Tenderer / contractor': Interchangeable terms used for the company or person(s) to whom the contract is awarded. The contractor shall mean the individual or firm or company whether incorporated or not, undertaking the supplies and shall include the legal personal representative of such individual or the persons composing such firm or company and the permitted assignees of such individual or firm or company. f)the expression 'work' or 'works' or 'supply' or 'supplies' where used in these conditions shall, unless be something either in the subject or context repugnant to such constructions, be constructed and taken to mean the works or supplies by or by virtue of the contract to be executed, whether Temporary or Permanent and whether original, altered, substituted or additional. g) The expression ' work' wherever used implies the work of supplying the Tendered items. h)'indenter' : The officer who places the purchase order and is interchangeably used with term ' purchaser' i) 'Consignee ' : The officer to whom the supply has to be effected. j)words importing the singular number only also include the plural number and vice versa. The Successful bidder has to submit the Material Guarantee in the form of Bank Guarantee for worth of 2,00,000/- from any Nationalized Bank taken in favour of Sr.AO O/o DGM OFP Hubli and should be valid for the duration of supply. SUBMISSION OF TENDERS: 22. (i) Tenders shall be submitted in the prescribed forms placed in double sealed covers super scribed with the subject mentioned in the Notice Inviting Tender (ii)tenders received in covers not packing PVC tape/sealing wax will not be opened or considered and it will be summarily rejected. iii) Closing the cover by gum will not be treated as Sealed Cover. The cover should bear the seal of the Tenderer over sealing wax properly fixed on the cover. Both inner and outer cover should be sealed. iv) The full name and address with Telephone / FAX nos. of the tenderer should be written on the bottom left hand side corner of the sealed outer cover. Address with only P.B. No; shall not be accepted.

13 (v)tender documents received in unsealed covers if any, shall become the property of the Department and shall be opened only on the succeeding working days of the date of opening of tenders, and that too after getting a written request from the tenderer for getting back the EMD submitted along with the tender. 23. (i) The Officer calling the tender reserves the right to reject any or all tenders without assigning any reason whatsoever and he is not bound to accept the lowest tender. He reserves the right to award the work as whole or in part to one or more contractors, and to terminate the contract any time. (ii) The Officer calling the tender reserves the right to disqualify such bidders who have a record of not meeting the contract obligations against earlier contracts with the Officer calling the tender or with the BSNL/Department. 24. Tender will be accepted and will be finalized only with those of the Tenderer(s), who, in the opinion of the Director is/ are having the capacity and the resources to carry out the work in the prescribed time. 25. The Tenderer has to put his Signature with seal on all the pages of the Tender document as a token of having read, understood and accepted all the terms and conditions of the contract / tender mentioned therein. He has to submit this along with his quotation. The tenderer should indicate in which capacity the tender offer is signed and enclose due authorization from the firm. 26. Tenders of those firms which do not conform exactly according to the specifications and do not specify make are likely to be rejected. The product brochures having details of the product specifications should be enclosed with the quote, otherwise the quote is likely to be rejected. 27. canvassing in connection with the tenders is strictly prohibited. Any attempt for negotiation direct or indirect on the part of a tenderer with the authority who is competent finally to accept it after he has submitted his tender or endeavors to secure interest for actual or prospective tenderer or to influence by any means the acceptance of the particular tender will render the tender liable to be excluded from consideration. 28. The tenderer will be bound by all terms, conditions and specification as detailed in this Tender Documents. 29. Tender forms not accompanied by prescribed EMD in the form of Demand Draft/Pay order will be summarily rejected. 30. The latest Income Tax Clearance Certificate is to be submitted along with Tender Document 31. Tenderer will have to furnish a documentary proof of showing their competency to execute the work satisfactorily.

14 LATE TENDERS: 32. (i) Tenders received either by post or Courier Service or in person after the specified time will not be opened or considered. (ii) No tender will be received in person by the Officer calling the tender or any other officer subordinate to him. Any tenderer wanting to deliver the tender in person should deposit it in the tender box kept in the office mentioned in the NIT. (iii)the slit of the tender box will be sealed immediately after the specified time for receipt of tender. Any tender presented in person by any tenderer or his representative after the tender box is sealed will not be received either by the officer calling the tender or by any of his subordinates. (iv) Tenders sent by post or by courier, if delivered after the expiry of the specified time will only be recorded and not opened or considered. Such tenders will be opened only when a request is made by the Tenderer that any Demand Draft/Bank Guarantee/ Pay order enclosed as E.M.D may be returned. In such cases, the D.D / Bank Guarantee / Pay order will be returned in original and no other enclosure shall be returned DOCUMENTS TO BE SUBMITTED WITH TENDER: 33. (i) One copy of the complete set of original tender documents duly filled in and signed on each page to be submitted. (ii) Particulars of comparable works/ supplies executed by the Tenderers as Contractor recognized by Government or public Sector undertakings. (iii) Income Tax Clearance Certificate for the proceeding year in original or copy duly attested by a Gazetted officer. (iv) Attested copy of the Sales Tax Registration certificate to be enclosed. (v) EMD for the amounts & in the manner specified in the Notice Inviting Tender. (vi) Original Power of Attorney in case any person other than the tenderer himself has signed the tender. (vii) Authenticated copy of Partnership Deed in case of partnership firm and power of attorney to the representative of the firm to operate the tender. (viii) The product brochures having details of the product specifications.

15 EMD / SD / PERFORMANCE SECURITY: 34. (i)(a) EMD: Each sealed tender should be accompanied by Earnest Money Deposit (EMD) for an amount and manner as indicated in the tender schedule in the form of crossed Demand Draft/ Pay order.the date of issue of DD/P O shall be a date after the issue of tender documents. Tender forms not accompanied by EMD in the form of Demand Draft/P O will be summarily rejected. The tenderers (small scale units) who are registered with National Small Scale Industries Corporations under SINGLE POINT REGISTRATION SCHEME are exempted from EMD, provided the total value of their quote, for all packages, is less than Rs. 25 Lakhs as per the existing policy of Govt. of India. Quoted values exceeding Rs. 25 lakhs should be accompanied by the prescribed EMD. A proof regarding current valid registration with NSIC for the Tendered items will be attached along with the tender documents. For small scale unit to qualify for the concessions mentioned under para above, the delivery schedule proposed in the tender is also to be examined. The units shall also submit its monthly turnover in support of its claim for meeting the delivery schedule duly certified by NSIC. (i)(b) The successful Tenderer, those who are accepted from payment of EMD, should remit of 5% of the estimated cost. (ii) The contractor whose tender is accepted will be required to furnish such sum which together with earnest money will amount to five percent of the cost of the work quoted in the tender by way of security deposit for the due fulfillment of the contract made as under. a) The EMD of the successful tenders will be converted as security deposit. The security Deposit (SD) shall be made up to five percent of the value of the tender or accepted portion whichever is higher to be furnished within seven days of the acceptance of the tender in whole and shall be deposited with the officer calling the tender along with a Performance Bank Guarantee equaling to 5 % of the value of the tender in the same manner as specified for EMD before signing of agreement. The approved tenderer should within seven days of the notification of the Acceptance of his / their tender, deposit the amount specified (will be notified in the notification of acceptance) towards SD/submit the bank guarantee failing which his EMD will be forfeited. Thus the total amount of SD available with the Department will be about 5% of the value of the supplies together with 5% of the value of the contract as Performance Bank guarantee at the commencement of the contract. (iii) The SD and bank Guarantee will be treated as Performance Security. The contractor will forfeit this to the BSNL as a part of compensation for any loss resulting

16 from his failure to meet the obligations under the contract i.e. for non performance of contractor s obligations. All compensations or other sums of money payable by the contractor under the terms of this contract may be deducted from or from any sums which may be due or may become due to the contractor(s) by BSNL/ Government on any account whatsoever, and in the event of his / their security deposit being reduced by reason of any such deductions as aforesaid the contractor shall within 10 days thereafter, make, good in cash the amount which may have been deducted from or raised by the sale of his/their security or any part thereof. (iv) The EMD/ SD will not bear any interest. The EMD will be refunded to unsuccessful Tenderers after the tender is finalised and approved. (v) The security deposit and bank Guarantee will be refunded and returned after six months from the date of settlement of final bill. (vi) No adjustment will be made for the EMD money of the tenderer for earlier tenders lying with this office. Separate deposit should be made for this tender. (vii) EMD/SD is liable to be forfeited to the BSNL if the tenderer a. Withdraws the tender before/after finalisation of the same. b. Fails to accept the tender offer if his/their tender is accepted by paying remaining portion of security deposit with in the stipulated time. c. Fails to execute the agreement in the prescribed proforma within the stipulated time limit. d. Fails to supply the samples when called for. e. Fails to supply the full quantity of materials ordered within the stipulated time limit. QUANTITY TO BE ORDERED: 35. Quantity to be ordered as indicated will be spread over the year and will be ordered as and when required. The quantity to be ordered shall be normally on L1 the lowest tenderer/ the most competitive subject to meeting the specifications, high quality standards and other conditions specified in the tender document. The purchaser/ department reserves the right to distribute the quantities to be ordered to other than the L1 contractor if it is in the interest of the BSNL/ Government to have more than one source of supply.

17 QUOTATION: 35. (i) The tenderer will quote the rate in English or in Hindi and for individual items in figures as well as in words. If any difference in value between rates entered in words and figures is noticed the rate as quoted in words will be treated as correct. The quotation sheet to be filled up is enclosed at the end of this document. ii) All corrections, additions and alterations in the entries and Tender papers will be signed in full by the Tenderer with date. No errors, over-writing shall be permissible unless attested under the signature of the Tenderer with date. (iii)the tender shall contain the name, residence and places of business of person/persons making the tender and shall be signed by the Tenderer with his usual signature. Partnership firms shall furnish the full name and address of all partners or by a duly authorised representative followed by the name and designation of the person signing. In case, it is signed by authorised representative, a duly certified copy of the power of attorney in that behalf shall accompany the tender. In case of the partnership firm attested true copy of the partnership deed must be submitted along with the tender. (iv) The tenderer or a person holding power of Attorney authorising him to sign on behalf of the Tenderer before submission of the tender has to put his signature in full at the bottom right hand corner of all the pages of the Tender document and wherever required in the Tender Papers. All signatures in the tender document shall be dated. v) The tenderer should quote their rate for each item, complete in all respects. The tenderer should quote their rate per unit / or as required in the Quotation sheet, complete in all respects. The quoted price should be net inclusive of all kinds of taxes, Excise, Octroi and Transport, handling and Freight for delivery at store godown as mentioned in the purchase order. Form D will not be given. The specifications mentioned are the minimum which are acceptable. Any specifications which are below these minimum specifications will be rejected; higher specifications above these minimum specifications can be accepted. REJECTION OF TENDERS: 36. The BSNL/ the officer inviting tenders shall reserve the right to refuse i) Consideration of any tender not supported by the requisite Earnest Money Deposit in the manner provided therein.

18 ii) Consideration of any tender deficient or incomplete in any of the requisite matters, particulars or formalities or for any reason which shall not be disclosed to the Tenderer(s). iii) Consideration of any tender/offer which change the terms and conditions (other than those envisaged in the tender document sold), altered constructions, specifications or time limits set iv) The tenders who do not fulfil all or any of the conditions specified in the tender document or incomplete in any respect are liable to summary rejection. v) Any or all the, tenders received without assigning any reason thereof and will not be bound to accept the lowest tender. VALIDITY FOR ACCEPTANCE: 37. Tenders submitted by Tenderers will remain valid for acceptance for a period of FOUR MONTHS from the date of opening of the tender. Acceptance of tender is not a guarantee that the entire quantity will be ordered on the approved tenderer only. TENDER EVALUATION: 38. Purchaser shall evaluate the tenders 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 tenders are generally in order. Arithmetical errors shall be rectified on the following basis. If there is discrepancy between the unit price and total price that is obtained by multiplying the unit price and quantity, the unit price shall prevail. If there is discrepancy between words and figures, the amount in words shall prevail. If the supplier does not accept the correction of the errors, his tender shall be rejected. Prior to the detailed evaluation the Purchaser will determine the substantial responsiveness of the offer to the tender documents for purpose of these clauses. A substantially responsive tender is one which confirms, to all the terms and conditions of the tender documents without material deviations. The purchaser's determination of tender's responsiveness is to be based on the contents of the tender itself without recourse to extrinsic evidence. A tender offer determined as substantially non - responsive will be rejected by the purchaser. Tender which meet the conditions of the tender will only be considered for evaluation and will be evaluated on the basis of cost of the material inclusive of all taxes and other duties.

19 SIGNING OF CONTRACT AGREEMENT: 39. The successful tenderer has to enter into an agreement with the Officer calling the tender or their authorised representative or such other officer as decided by the BSNL, in non-judicial stamp paper value of Rs.100/- (Rupees One hundred only) at his cost setting forth the tender condition etc., within 7 days from the date of intimation of the acceptance of his tender failing which the acceptance of tender will be revoked and EMD forfeited to the BSNL. PERIOD OF VALIDITY OF TENDER: 40. The rates quoted should be firm and valid for any purchase / supply order that may be issued within a period of one year from the date of entering into agreement until the completion of supply assigned under such a supply order. The successful bidder has to extend the time for period of Six months more if BSNL desires. The quantity is likely to vary by +25% over the quantity put in the Tender at the discretion of the BSNL. RATE VARIATION: 41. The rate quoted should be firm for one year of the contract. No increase in rates will be allowed. Any increase in the price of the raw materials, Excise duty, taxes etc., during the period of validity of the tender/ contract will be borne by the TENDERER ONLY i.e. it will be to the contractors account. Benefit of reduction in duties, taxes etc., will be passed on to the BSNL. PURCHASE ORDER & DELIVERY: 42. Purchase order will be released either by the officer calling the tender or the Divisional Engineers under DGM OFP Hubli and Other units of BSNL, if they wish to operate on this tender, the items shall be supplied at the same rates and conditions of this tender. 43. All items should be delivered at the departmental store go down at the stations Raichur and Belgaum as required by the indenter. 44. Supply/ Delivery of goods should be completed so that the goods reach the destination within 35 days from the date of Purchase Order (P.0) or within the date mentioned in the purchase order. Delay by the supplier with respect to delivery obligations shall render the supplier to any or all of the following sanctions, forfeiture of its security deposit, imposition of liquidated damages and/or termination of the contract and forfeiture of EMD/SD for default.

20 45. Care should be taken to supply all items without any damages. For this it is desirable to pack each pieces of item with suitable cushioning material. Further the supplier shall pack the goods as is required to prevent damage or deterioration during transit to their final destination. Each package shall contain the following marking -- order no. & date brief description of consignment, Name of the consignee & items with quantity. Supplier will be responsible till the entire stores ordered for arrive in good condition at destination. The purchaser will notify as soon as possible but not later than 30 days of the date of arrival of stores at destination, of any loss or damage to the stores that may have occurred during transit. The items should be insured by the supplier from the time of dispatch to the time of delivery to the consignee. The purchaser has all rights under this tender including, to reject items not meeting specifications / not meeting quality standards / which have deteriorated over time / damaged while handling due to poor quality. In addition to rejection of the item, purchaser has the power to adjust the amounts already paid for the items rejected either from the future bills due from this contract or from amounts due to the supplier from the BSNL/ Government or from the security deposit and also impose further penalties, due to the loss incurred by the BSNL. These actions can be imposed any time till the items are satisfactorily introduced in the BSNL telecom network and continue to perform as desired when items are made as per / to meet the specifications. 46. The supplier should be ready to accept minor design changes, if it is so desired by the competent authority at any stage of the contract between the supplier and the BSNL, without any extra charges. 47. The supply should consistently be of high quality. 48. The quantities indicated in the NIT shall not be considered as representing firm/final quantities. The BSNL, reserves the right to reduce the quantity of items to be ordered under this tender and in that event, no claim, whatsoever, for any damages, loss or compensation on any account shall be entertained by the BSNL. 49. The supplier should be ready to supply additional quantities upto the extent of 100% of the quantity mentioned in this tender under the same terms and conditions during the period of validity of the tender. 50. The purchaser may, at any time, by a written order given to the supplier, make changes within the general scope of the contract in any one or more of the following. i) Drawings, designs or specifications ii) The method of transportation or packing. iii) The place of delivery iv) The services to be provided by the supplier.

21 PATENT RIGHTS : 51. The supplier shall indemnify the purchaser against all third - party claims of infringement of patent, trademark or industrial design rights arising from use of the goods or any part there of in BSNL/ Indian Telecom Network. TIME FOR COMPLETION OF SUPPLY: 52. The works / supplies comprised in this tender are to be commenced immediately on receipt of written orders from the purchaser. The time allowed for completing the supply as given in tender / supply order shall be strictly observed by the contractor and shall be deemed to be the essence of the contract on the part of the contractor. The supply shall throughout the period stipulated in the contract be proceeded with all due diligence and the contractor shall pay as compensation an amount equal to 1%, or such smaller amount as the Purchaser /Director/ (whose decision in writing is final) may decide on the amount of the cost/estimated cost of the whole supply for every day that the supply remains uncommented, or unfinished after the proper dates provided always that the entire amount of compensation to be paid under the provisions of this clause shall not exceed 10% of the value /estimated cost of the supply. If the purchaser desires in writing that the supply be completed in a shorter period the contractor will complete the supply within that period EXTENSION OF TIME: 53. If the Contractor shall desire an extension of time for completion of supply on the grounds of his having had unavoidable hindrance in its execution or any other ground, he shall apply in writing to the Indenter within seven days of the date of hindrance on account of which he desires such extension as aforesaid and the Purchaser shall evaluate the situation & on reasonable grounds (which shall be final) be shown therefore, authorize such extension of time, if any, as may, in his opinion be necessary or proper. Nevertheless and in case of any extension of time the aforesaid provision for damages and their amounting to default of due completion shall apply in case of non completion of the works within extended time. However the Purchaser may at his discretion impose penalty for period of extension if he consider it necessary in public interest. Supply after the due date may be made only after getting written extension order. INSPECTION & QUALITY 54. All items supplied under this tender are subject to INSPECTION. The inspection will be carried out by forwarding a sample of the product from the supply to be effected, to any Government agency/ authorised laboratory. The Consignee shall be the final judge of the quality of the item and the satisfaction of the standards in respect thereof

22 set forth in the tender /contract documents. NO CHARGES, whatsoever, will be paid for items rejected during inspection for any defect. The indentor/ consignee or any other officer / agency authorised by the BSNL/Govt. has the right to inspect the material / items at the manufacturing facility / godown of the supplier at the time of manufacture, before commencement of manufacture or after completing the manufacture i.e., at any time. 55. Should any inspected or tested goods in a consignment fail to confirm to the specifications the purchaser may reject the entire lot and the supplier shall either replace the rejected goods or make all alterations necessary to meet specifications requirements free of cost to the purchaser within 2 weeks of intimation. Should it fail to do so within this time, the purchaser reserves the discretion to reject and replace at the cost of the supplier the whole or any portion of the items as the case may be, which is defective or fails to fulfil the requirements of the contract. The cost of any such replacement made by the Purchaser shall be deducted from the amount payable to the supplier. Nothing in this clause shall in any way release the supplier from any warranty or other obligations under this contract. 56. If the tenderer continues to supply repeatedly defective item or items not conforming to specifications, the contract entered into with him is liable to be terminated, blacklisted from future supplies to BSNL / Govt. of India and EMD/SD forfeited. PAYMENT: 57. NO ADVANCE PAYMENT will be made to the contractor towards any P.O placed on him or to any supply to be made by him. 58. Bills in triplicate for the entire material supplied duly pre-receipted should be forwarded to the consignee for certification of actual receipt in good condition, with respect to quality & quantity, and then forwarded to the indenter who has placed the purchase order for effecting the payment after supply of materials. The payment will be made only by A/C payee cheque and will be sent by registered post with A/D. BREACH OF CONTRACT 59. The breach of contract is the failure or refusal to perform it. Any breach of contract by one party to it gives the other party an immediate course of action and a right to damages as compensation for loss following from breach of contract. A breach occurs where a party to the contract repudiates or fails to perform one or more of the obligations imposed upon him by the contract. 60. The Purchaser (who represents the BSNL) may without prejudice to his right against contractor in any respect of delay or inferior workmanship or otherwise, or to any claim for damage in respect of any breaches of the contract and without prejudice to any right or remedies under any of the provisions of this contract or otherwise and

23 whether the date for completion of supply has or has not elapsed by notice in writing, absolutely determine the contract in any of the following cases: i) If the Contractor fails to commence the work as specified in the letter of Intent / Work order after entering into the agreement for the work. ii) If the Contractor having been given by the Purchaser a notice in writing to rectify, reconstruct or replace any defective work or that the work is being performed in any inefficient or otherwise improper or unworkman like manner shall omit to comply with requirement of such notice for a period of thirty days thereafter. iii) If the Contractor shall delay or suspend the execution of the work so that either in the judgement of Purchaser (which shall be final and binding) he will be unable to secure completion of work by the date for completion or he has already failed to complete the work by that date. iv) If the contractor being a company shall pass a resolution or the court shall make an order that the company shall be wound up or if a receiver or a manager on behalf of a creditor shall be appointed or if circumstances shall arise which entitle the court to make the winding up order. v) If the contractor commits breach of any of the terms and conditions of this contract. PENALTY FOR BREACH OF CONTRACT 61. When the contractor has made himself liable for action under any of the clauses aforesaid the Purchaser on behalf of the BSNL shall have powers. i) To Terminate or Restrict the contract as aforesaid (of which termination or restriction notice in writing to the contractor under the hand of the purchaser shall be conclusive evidence). Upon which termination or restriction the security deposit of the contractor shall be liable to be forfeited and shall be absolutely at the disposal of the BSNL. ii)after giving notice to the contractor, take such part thereof as shall be unexecuted out of his hands, and to give it to another contractor to complete in which case, any expenses which may be incurred in excess of sum which would have been paid to the original contractor if the whole supply order has been executed by him (of the amount by which excess, the certificate in writing of the Purchaser shall be final and conclusive) shall be borne and paid by the original contractor and may be deducted from any money due to him by the BSNL/ Government under this contract or any other account whatsoever or from his security deposit as the case may be.

24 iii) To debar the Contractor from participating in any of the tenders pertaining to all the Divisions under the jurisdiction of Director / BSNL /Govt. of India for a period of one year from the date of issue of termination or rescission ordered by the Divisional Engineer. 62. In the event of any one or none of the above course(s) being adopted by the Purchaser, the contractor shall have no claim to compensation for any loss sustained by him by any reason of his having purchased or procured any materials or entered into any engagements or made any advances on any account of the contract. And in case action is taken under any of the provisions aforesaid, the contractor shall not be entitled to recover or be paid any sum for any supply there for actually performed under the contract, unless or until the purchaser has certified in writing the performance of such work and the value payable in respect thereof, and he shall only be entitled to be paid the values so certified. 63. In any case in which any of the powers conferred upon the Purchaser aforesaid, shall have become exercisable and the same shall not be exercised, the non exercise thereof shall not constitute a waiver of any of the conditions hereof and such powers shall be exercisable in the event of any future case of default by the contractor(s) for which by any clause or clauses hereof he / they are declared liable to pay compensation amounting to the whole of his/ their security deposit and the liability of the contractor for compensation shall remain unaffected. TERMINATION FOR DEFAULT: 64. The BSNL may, without prejudice to any other remedy for breach of contract, by written notice of default, sent to the contractor, terminate this contract in whole or in part and on such termination the entire amount of EMD and Security Deposit to the credit of the contractor shall stand forfeited to the BSNL, (i) If the contractor fails to complete any or all of the supplies within the time period specified in the supply order/ tender, or any extension thereof granted by the Govt. (ii) If the contractor fails to perform any other obligations under the Contract; and (iii) If the contractor, in either of the above circumstances, does not remedy his failure within a period of 30 days (or such period as the Purchaser may authorize in writing) after receipt of default notice from the purchaser.