OPEN TENDER DOCUMENT (TECHNICIAL BID)

Transcription

1 1 No. PLG/Battery (DG)/ / dt at Cuttack BHARAT SANCHAR NIGAM LIMITED (A Government of India Enterprise) OFFICE OF THE GENERAL MANAGER TELECOM DISTRICT, CUTTACK OPEN TENDER DOCUMENT FOR SUPPLY OF 12V BATTERY FOR VARIOUS TYPES DG SETS IN CUTTACK SSA (TECHNICIAL BID) PRICE Rs

2 2 TABLE OF CONTENTS Section Content Page No. QUALIFYING BID DOCUMENT I A Notice Inviting tender 3 I B News paper NIT 4 II Tender information 5 III Scope, Specification & requirement 6 IV Instruction to bidders & conditions of tender 7-16 V List of all type of formats 17 All Annexure VI Check List 28 FINANCIAL BID DOCUMENT 29 VII Price schedule 30

3 3 SECTION-I (A) BHARAT SANCHAR NIGAM LIMITED (A Government of India Enterprise) OFFICE OF THE GENERAL MANAGER TELECOM DISTRICT, CUTTACK No. PLG/Battery (DG)/ /14 Dated NOTICE INVITING TENDER PVC/Wax sealed tenders are invited on behalf of Bharat Sanchar Nigam Limited by the General Manager Telecom District, Cuttack from experienced firms/individuals for supply of 12V battery sets (Exide Express) of different capacity for running the DG sets of Cuttack Telecom District. Description Tender for supply of 12V battery sets (Exide Express) of different capacity for running the DG sets of Cuttack Telecom. Dist. EMD (Rs.) Estimated Cost (Rs.) Date & time for submission of tender Lakh Upto hrs of Date of opening of tender paper (Technical bid) At hrs on Date of opening of tender paper (Financial bid) Will be intimated later. BSNL reserves the right to vary the quantity to the extent of -25 % to +25 % of specified quantity at the time of award of the contract without any change in unit price or other terms & conditions. 1. Eligibility criteria:- The following documents are to be enclosed with the tender document. a) Required amount of EMD in the form of Bank Draft drawn from any Nationalized/Scheduled bank in favour of A.O. (Cash), O/o GMTD, BSNL, Cuttack. b) Tender document fee of Rs in form of DD from any Nationalized/Scheduled bank in favour of A.O. (Cash), O/o GMTD, BSNL, Cuttack [non-refundable]. c) Self attested copy of valid Dealership licence / certificate from Exide company, d) Self attested copy of sale tax registration number/vat No. e) Self attested copy of PAN card, f) Certificate of no near relatives in BSNL/DOT/MTNL g) Power of attorney in original (if applicable) h) Self attested copy of memorandum article/ partnership deed/affidavit/proprietorship (which is applicable), i) Bid form (to be filled & signed), j) Bidder s profile with photograph (to be filled & signed), k) Undertaking & declaration (to be filled & signed), l) All pages to be signed N.B:- The successful bidders have to produce original documents for verification as and when called for. 2. Tender paper can be had from website & can be submitted along with the documents as mentioned above. 3. Last date and time of submission of bid document: - As mentioned in the table above. 4. Date and time of opening of bid document: - As mentioned in the table above. 5. Rejection of tender:- Unsealed, Late receipt, incomplete, ambiguous and conditional tender will be rejected. 6. If the last date of tender paper receipt and opening of tender is declared a holiday or observed a BANDH due to any sudden reason, the next working day as per schedule time will be treated as last date of receipt and open of the tender. 7. The GMTD, Cuttack reserves the right to accept or reject any or all the tenders without assigning any reason what so ever and is not bound to accept the lowest tender. For more details please visit us our website:- Addl GM (Rural) On Behalf of GMTD, Cuttack

4 4 SECTION-I (B) News paper NIT BHARAT SANCHAR NIGAM LIMITED (A Government of India Enterprise) OFFICE OF THE GENERAL MANAGER TELECOM DISTRICT, CUTTACK No. PLG/Battery (DG)/ / 14 (I) Dated NOTICE INVITING TENDER Sealed tenders (Packing PVC Tape/sealing Wax) are invited by the General Manager Telecom District Cuttack for supply of 12V battery sets (Exide Express) of different capacity for running the DG sets of Cuttack Telecom District. Last date of receipt of tender paper:- Upto hrs of Date & time of opening (Technical bid):- At hrs of For details please visit our websites: Addl GM (Rural) Tel No FAX No

5 5 SECTION- II Tender Information 1. Type of Tender: (a) No of Bid Submission Stage for tender-- Single (b) No. of Envelopes for submission of Bids: Three Nos 2. Bid validity Period:- 120 days from the date of opening of the tender. The first envelope will be named Bid Security envelope, 2 nd envelope will be named as Techno-Commercial and will contain documents of bidder s satisfying the eligibility/technical and commercial conditions and 3 rd envelope will be named as Financial Bid envelope containing financial a. Bid Security envelope will contain: (i) EMD as per Section-I(A), NIT (ii) Cost of the tender documents i.e. tender fee as per Section-I(A) NIT b. Techno Commercial envelope shall contain: i. Certificate(s) showing fulfillment of the eligibility criteria(s) stated in Section- I(A) of the NIT. ii. All forms available in the tender document to be filled and signed as per Section- 1 (A) NIT. c. Financial Bid envelope shall contain: Rate quotation - Price Schedule duly filled and signed. 3. Payment Terms: As per clause 32 of Section-IV 4. Issue of work order: The work order will be issued by AGM (HR & Infra), Cuttack.

6 6 SECTION-III SCOPE, SPECIFICATION & REQUIREMENT The contractor has to supply the exact specified brand/make items of specified quantity as per work order issued. No similar type of item will be accepted. (i) The supplier is required to supply 12V battery of the required type within 7 days of issue of Work order. (ii) The old battery is to be returned back to the supplier on buy-back policy. (iii) Hence the bidders are required to quote the rate for buy-back of old battery having different capacity. (iv) Net unit price after exchange of the old battery will be according to type of the scrapped old battery. (v) All the supplied battery should have minimum warranty of 12 months from the date of delivery. (v) The quoted price should be inclusive of all levies / taxes etc.& transportation charge upto Div. Store, OMP squre, Cuttack. REQUIREMENT Sl No. DG battery capacity Make- Exide Express Qty required 1 12V / 100 AH V / 130 AH V / 150 AH 6 N.B. The quantity may increase/ vary as per the future requirement

7 7 SECTION-IV INSTRUCTIONS TO BIDDERS & CONDITIONS OF TENDER 1. TERMS: BSNL or "The Nigam" or The Tendering Authority means Bharat Sanchar Nigam Limited (A Govt. of India Enterprise) acting on behalf of the President of India and represented by the General Manager Telecom District, Cuttack. "The Bidder" means the individual or firm who participates in this tender & submits its bid. "The Work Order" means the order placed by the BSNL on the Bidder signed by the Engineer- in-charge of BSNL including all attachments & appendices thereto and all document incorporated by reference therein. The work shall be deemed as "Contract" appearing in the document. "The Contract Price" means the price payable to the bidder under the work order for full & proper performance of its contractual obligations. 2. SERVICES TO BE PROVIDED The scope, specification of work has been mentioned in section-iii of this tender document. The work will be carried out accordingly as per work order issued from time to time. The contractor shall organize the work in such a way so as to deliver meaningful output of requisite quality within shortest possible time. The work orders shall be issued by AGM (HR & Infra), Cuttack. If due to any reason partial work order is to be issued then the same shall be issued with the approval of GMTD, Cuttack. 2. ELIGIBILITY CONDITIONS: Eligibility Criteria: - The bidder should submit the cost of tender paper, EMD and documents as mentioned in the NIT (Section-1) Note:- The successful bidder has to produce the above original documents for verification when he is called for so. 3. COST OF BIDDING The bidder shall bear all costs associated with the preparation and submission of the bid. The Purchaser will, in no case, be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process. 5. BID DOCUMENT Bid document includes the following Sections: Sl.no Description SECTION NO. 1 Notice Inviting Tender I 2 Tender information II 3 Specification & Scope of work III 4 Instructions to bidders & conditions of tender IV 5 List of all type of formats V 6 Check list VI 7 Price schedule VII 6. CLARIFICATION ON BID DOCUMENTS

8 8 a. A prospective bidder, requiring any clarification of the Bid Documents shall notify the Tendering authority in writing or FAX or at the Tendering authority s mailing address indicated in the NIT. The Tendering authority shall respond in writing to any request for clarification of the Bid Documents, which it receives before 7 days of last date of the submission of bids. Copies of the query (without identifying the source) and clarifications by the Tendering authority shall be sent individually to all the prospective bidders who have received the bid documents. b. 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 an amendment of relevant clauses of the bid document. 7. DOCUMENTS TO BE SUBMITTED FOR BID a) The details of documents to be submitted alongwith tender document are as per NIT at Section-1 (A). If any one of the above items required to be submitted along with the Technical bid is found wanting, the offer is liable to be rejected at that stage. b) Documents in original should be submitted for verification as required by the Tendering Authority. c) The bidder will verify the genuineness and correctness of all documents and certificates including experiences/performance certificates, submitted by the bidder or any other firm /associates before submitting them in the bid. The onus of proving genuineness of the submitted documents would rest with the bidder. d) As per the requirement of the tender s condition, if any documents/paper/certificate submitted by the bidder is found to be false/fabricated/tampered /manipulated at any stage during bid evaluation or after award of contract, then the bid security (EMD/PBG/SD) of the bidder would be forfeited and the bidder would be disqualified from the tender. Action would be taken for banning of business dealing with the defaulting firm/induvidual. In case contract has already been awarded to the bidder, then PBG/SD would be forfeited and the contract would be rescinded/ annulled and BSNL would be at liberty to procure the services from any other source at the risk and cost of the defaulting bidder. Action would also be taken for banning business dealing with the defaulting firm/individual. An undertaking to this effect should be submitted by the bidder. 8. AMENDMENT TO BID DOCUMENT a. At any time, prior to the date of submission of bid, tendering authority may, for any reason whether at its own initiative or in response to a clarification required by a prospective bidder, modify the bid documents by amendments. b. The amendments shall be notified in the website and these amendments will be binding on them. c. In order to afford prospective bidders reasonable time to take the amendments into account in preparing their bids, the Tendering authority may, at its discretion, extend the deadline suitably for the submission of bids, if necessary. 9. PREPARATION OF BID DOCUMENTS TECHNICAL BID & FINANCIAL BID It is a single bid system and the bid prepared by the bidder shall comprise Technical Bid and Financial Bid and should be prepared & submitted as per clause BID FORMS

9 9 The bidder shall fill the bid form in the tender document in all respects, sign on all pages along with seal of the firm if any. 11. BID PRICE The bidder shall quote rates in financial bid sheet. 12. COMPLIANCE The bidder should ensure unconditional clause- by clause compliance with all the terms and conditions of the tender document and a declaration to the effect, available in Annexure-C 13. BID SECURITY/EMD (i) The bidder shall furnish as part of his bid, a bid security (EMD) for an amount as mentioned in the NIT. No interest shall be paid by the department on the bid security for any period what so ever. (ii) The bid security is required to protect the department against the risk of bidder s conduct, which would warrant the security s forfeiture. (iii) Bid security shall be paid in the form of Crossed Demand Draft/Banker Cheque issued by a Scheduled/Nationalised Bank, drawn in favour of Accounts Officer (Cash), O/o GMTD, Cuttack. (iv) A bid not secured in accordance with Para 13 (i) to (iii) shall be rejected by the department as non responsive. (v) The bid security of the unsuccessful bidder will be refunded as promptly as possible, but not before than 30 days of expiry of the period of bid validity prescribed by the department. (vi) The successful bidder's bid security will be released on receipt of performance bank guarantee & signing the agreement. (vii) The MSME bidders are exempted from payment of bid security: a) A proof regarding valid registration with body specified by Ministry of Micro, Small & Medium Enterprise for the tendered items will have to be attached alongwith the bid. b) The enlistment certificate issued by MSME should be valid on the date of opening of tender. c) MSE unit is required to submit its monthly delivery schedule. d) If a vender registered with body specified by Ministry of Micro, Small & Medium Enterprise claiming concessional benefits is awarded work by BSNL and subsequently fails to obey any of the contractual obligations, he will be debarred from any further work/ contract by BSNL for one year from the date of issue of such order The bid security shall be forfeited If a bidder withdraws his bid during the period of bid validity specified in the bid document or If the bidder makes any modifications in the terms and conditions of the tender before acceptance of the tender, which are not acceptable to the department or In case of a successful bidder, if the bidder fails (i) To sign the agreement as per tender condition (ii) To furnish Bank guarantee as Performance Security as per tender condition. 14. (I) FORMAT AND SIGNING OF BID

10 10 a. The bid shall contain no interlineations, erasures or overwriting, except as necessary to correct errors made by the bidder in which case such corrections shall be signed by the persons signing the bid. b. The over writing / erasures in the bid made by the bidder shall be signed by the person signing the bid. c. The letter of authorization shall be indicated by written power-of-attorney accompanying the bid. All pages of the original bid, except for un-amended printed literatures, shall be signed by the person or persons signing the bid. (II) Power of Attorney (a) The power of Attorney should be submitted and executed on the non-judicial stamp paper of appropriate value as prevailing in the concerned states(s) and the same be attested by a Notary public or registered before Sub-registrar of the state(s) concerned. (b) The power of Attorney be executed by a person who has been authorized by the Board of Directors of the bidder in this regard, on behalf of the Company/ institution/ Body corporate. (c) In case of the bidder being a firm, the said Power of Attorney should be executed by all the partner(s) in favour of the said Attorney. (d) Attestation of the specimen signatures of such authorized signatory of the bid by the Company s/ firm s bankers shall be furnished. Name, designation, Phone number, mobile number, address and postal address of the authorized signatory shall be provided. 15. SEALING, MARKING & SUBMISSION OF BIDS. a. Bid for each tender should be submitted in three envelopes placed inside a main cover. These envelopes should contain the following. Envelop Marked on the cover Contents of envelope First Bid security Containing EMD & Tender document fee Second Qualifying bid Containing documents as per NIT 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 with sealing wax/packing PVC tape. These envelopes are to be placed inside an outer envelope and properly sealed with sealing wax/packing PVC tape. The tenders which are not submitted in above mentioned manner shall be summarily rejected. b. All envelopes (3 inner & one outer) must bear the following: (Tender for supply of 12V battery sets (Exide Express) of different capacity for running the DG sets of Cuttack Telecom. Dist NOT TO OPEN BEFORE ( ) (Tender No. dated at Cuttack) c. Bid shall be addressed to the following address AGM (NW- PLG-CFA), Room No. 208, O/o GMTD, BSNL, Door Sanchar Bhawan, Link Road, Cuttack d. Bids delivered in person shall be dropped by that person in the tender box kept with The AGM (NW-PLG-CFA), Room No. 208, O/o GMTD, Door Sanchar Bhawan, Link Road, Cuttack-12 on or before the date and time specified in NIT. The purchaser shall not be responsible in any way about the bids that are delivered /dropped elsewhere and/or after the last date and time for receipt of bids.

11 11 e. The tender documents can be sent by Regd./Speed Post but should reach this office in time as specified in NIT. BSNL will not be responsible for any delay in postal transit/missing. f. No bid shall be accepted if submitted after due date time as mentioned in NIT. 16. LATE BIDS, MODIFICATIONS AND WITHDRAWAL OF BIDS Tenders 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 tenderer that he should ensure timely submission of tender. 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 Wax/Packing PVC tape) in the tender box, before the scheduled time & date for closing of tender. No bid shall be modified subsequent to the deadline for submission of bids. 17. BID OPENING AND EVALUATION The BSNL shall open the bids in presence of the bidders or his authorised representatives, at schedule date & time as per NIT. The bidder s representatives, who are present, shall sign an attendance slip. The bidder shall submit authority letter to this effect before they are allowed to participate in the bid opening. Only one representative for any bidder shall be authorised and permitted to attend the bid opening. The bids shall be opened in the following manner. The bid opening committee shall count the number of bids and assign serial numbers to the bids. The envelopes containing the tender offer and not properly sealed, shall not be opened and shall be rejected outright. Closing the cover by gum will not be treated as sealed cover. 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. First the outer envelope containing the three envelopes shall be opened. The bid opening committee shall initial on all three envelopes with date. Among these three envelopes, the envelope marked BID SECURITY shall be opened first and examined. The qualified bid of those bidders will be next whose bid security will be found to be as per the tender document and shall be examined & recorded by the bid opening committee. 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. The qualifying bid of those bidders will be opened next whose bid security will be found to be as per the tender document and shall be examined & recorded by the bid opening committee. After recording of the Qualifying bid the TOC will place all the financial bids submitted by the qualifying bidder in an envelope and will seal with wax /packing PVC tape for keeping in safe custody. The financial bid shall be opened in the following manner.

12 12 The envelope marked Financial bid will be opened only for qualified tenders in Qualifying bid. 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. In case there is discrepancy in figures and words in the quote, the same shall be announced in the bid opening, but the quoted words shall prevail. 18. PLACE OF OPENING OF TENDER BIDS Room-208, 1 st Floor, Door Sanchar Bhawan, Link Road, Cuttack PRELIMINARY EVALUATION Tendering authority shall evaluate the bids to determine whether they are complete in all respects, whether any computational errors have been made, whether required sureties have been furnished etc. Prior to the detailed evaluation, the Tendering authority will determine the substantial responsiveness of each bid to the Bid documents. For purposes of these clauses, a substantially responsive bid is one, which conforms, to all the terms and conditions of the Bid documents without any material deviation. The tendering authority s determination of bid s responsiveness shall be based on the contents of the bid itself without recourse of extrinsic evidence. A bid, determined as substantially non-responsive will be rejected by the Tendering authority and shall not, subsequent to the bid opening, be made responsive by the bidder by correction of the non-conformity. The tendering authority shall not be bound to show the reasons/causes of rejection of the bid. The Tendering authority may waive any minor infirmity or non-conformity or irregularity in a bid, which does not constitute a material deviation, provided such waiver, does not prejudice or affect the relative ranking of any bidder. 20. EVALUATION AND COMPARISON OF SUBSTANTIALLY RESPONSIVE BIDS The Tendering authority shall evaluate and determine as to whether the bid is substantially responsive or not as per above conditions. Arithmetical errors shall be rectified on the following basis. If there is a discrepancy between the unit price and total price that is obtained by multiplying the unit price and quantity, the unit price shall prevail and the total price shall be corrected by the Tendering authority. If there is a discrepancy between words and figures, the amount in words shall prevail. If the supplier does not accept the correction of the errors, his bid shall be rejected. The evaluation and comparison of substantially responsive bids shall be done on the basis of gross total of all items. 21. CONTACTING THE TENDERING AUTHORITY Subject to seeking clarifications on the tender document, no bidder shall try to influence the Tendering authority on any matter relating to its bid, from the time of the bid opening till the time the contract is awarded. Any effort by a bidder to influence the Tendering authority in the tendering authority s bid evaluation, bid comparison or contract award decisions shall result in the rejection of the bid. 22. AWARD OF CONTRACT & CONTRACT PERIOD

13 13 The BSNL shall consider award of contract only to those eligible bidders whose offers have been found technically, commercially and financially acceptable. The work will awarded normally for a period of one year from the date of signing of the agreement between organization & the contractor. The period can be extended another six months with same rate, terms and condition of the agreement with the quantity of the tender. 23. PURCHASER S RIGHT TO VARY QUANTUM OF WORK: The purchaser 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 without any change in the rates or other terms and conditions. 24. PURCHASER S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS The purchaser s reserves the right to accept or reject any bid and annule the bidding process and reject all bids, at any time prior to award of contract without assigning any reason what-so-ever and without thereby incurring any liability to the affected bidder or bidders on the grounds for the department s section. 25. ISSUE OF LOI The issue of LOI shall constitute the intention of the Purchaser to enter into contract with the bidder. The bidder shall within 14 days of issue of the LOI, give its acceptance along with performance security & sign the agreement. PERFORMANCE SECURITY/PBG: The Bidders shall furnish Performance Security Deposit in the format available in annexure in the tender document for an amount of 5% of the estimated cost of the tender, in the form of Bank Guarantee from a Nationalized/ Scheduled Bank for a period of 2½ (Two and half) years in favour of A.O. (Cash), BSNL, O/o G.M.T.D., Cuttack payable at Cuttack as awarded by the GMTD, Cuttak. The PSD is to be deposited within 14 (Fourteen) days from the date of receipt of letter of acceptance or letter of intent failing which their EMD or bid security may be forfeited and tender may be cancelled. 26. SIGNING OF CONTRACT The issue of Purchase/work order shall constitute the award of contract on the bidder. The successful tenderer shall be required to execute an agreement on a nonjudicial stamp paper of Rs. 100/- (Rupees one hundred only) at his own cost as per the enclosed proforma within 14 (Fourteen) days from the date of receipt of LOI in this office. In the event of failure of the tenderer to sign the agreement within 14(Fourteen) days or in the event of his failure to start the work as stipulated in the work order, then the amount of bid security (EMD) in the form of DD shall be forfeited by BSNL and the acceptance of the tender shall be considered as revoked. 27. ANNULMENT OF AWARD Failure of the successful bidder to comply with the requirement of clause 25 & 26 shall constitute sufficient ground for the annulment of the award and the forfeiture of the bid security in which event the Purchaser may make the award to any other bidder at the discretion of the purchaser or call for new bids. 28. Purchaser s right to disqualify Purchaser reserves the right to disqualify the service supplier for a suitable period

14 14 (not less than one year & not more than 2 years) who habitually failed to supply the service in time. Further, the service suppliers whose service is not satisfactory in the field in accordance with the specifications may also be disqualified for a suitable period (not less than one year & not more than 2 years) as decided by the purchaser. 29. PURCHASER S RIGHT TO BAN BUSINESS DEALINGS Purchaser reserves the right to bar the bidder from participating in future tenders/eois/ RFPs of BSNL for a period of two years in case he fails to honour its bid without sufficient grounds. 30. NEAR-RELATIONSHIP CERTIFICATE The bidder should give a certificate that none of his/ her near relative, as defined below, is working in the units where he is going to apply for the tender. In case of proprietorship firm certificate will be given by the proprietor. For partnership firm certificate will be given by all the partners and in case of limited company by all the Directors of the company excluding Government of India/ Financial institution nominees and independent non-official part time Directors appointed by Govt. of India or the Governor of the state and full time Directors of PSUs both state and central. Due to any breach of these conditions by the company or firm or any other person the tender will be cancelled and Bid Security will be forfeited at any stage whenever it is noticed and BSNL will not pay any damage to the company or firm or the concerned person. The Company or firm or the person will also be debarred for further participation in the concerned unit. The near relatives for this purpose are defined as:- (a) Members of a Hindu undivided family. (b) They are husband and wife. (c) The one is related to the other in the manner as father, mother, son(s) & Son's wife (daughter in law), Daughter(s) and daughter's husband (son in law), brother(s) and brother's wife, sister(s) and sister's husband (brother in law). The format of the certificate is given in annexure 31. VERIFICATION OF DOCUMENTS AND CERTIFICATES The bidder will verify the genuineness and correctness of all documents and certificates, including experience/performance certificates, issued either by the bidder or any other firm / associate before submitting them in the bid. The onus of proving genuineness of the submitted documents would rest with the bidder. As per requirement of the tender s conditions, if any document / paper / certificate submitted by the participant bidder is found to be false / fabricated / tempered / manipulated at any stage during bid evaluation or award of contract, then the bid security (EMD) of the bidder would be forfeited and the bidder would be disqualified from the tender. Action would also be taken for banning of business dealing with the defaulting firm. In case contract has already awarded to the bidder, then PBG would be forfeited and the contract would be rescind / annulled and BSNL would be at liberty to procure the

15 15 ordered goods and services from any other source at the risk and cost of the defaulting bidder. Action would also be taken for banning business dealing with the defaulting firm. 32. PAYMENT TERMS a. P.O. placing authority --- AGM(HR & Infra), O/o GMTD, Cuttack. b. Paying authority --- Accounts Officer (Cash), O/O GMTD, BSNL, Cuttack c. Delivery period days from the date of communication of Purchase order or as decided by the purchaser in the purchase order. d. Consignee --- As mentioned in the P.O. e. Ultimate consignee --- The actual Ultimate consignee will be mentioned in PO and that is final f. Tender period Normally 12 months from the date of agreement. Payment shall be made on receipt of material in good condition, Pre-receipted bills in triplicate, with delivery challan acknowledged by consignee, should be enclosed with the bill along with declaration of payment of excise duty and sales tax indicting the amount of duty and tax paid. Sales tax/income Tax if any required under the statutory rules of the Government can be deducted from the billed amount at the prescribed rate. Payment shall be made by the A/C payee cheque of SBI/UBI of Cuttack or ECS. No payment shall be made for goods that are rejected on inspection/testing. 33. PENTALTY CLAUSE i) The contractor has to ensure specified quality and brand. The contractor has to get the sample tested before commencement of work/supply. ii) Before giving delivery, the tenderer shall offer a sample for sample testing. Only accepted item shall be delivered by the tenderer to the concerned unit/consignee. However if the item is not found up to specification at any stage, the item will be iii) rejected and no payment will be given. In case of delay delivery, the penalty will be charged as decided by the competent authority. 34. DISPUTES IN TENDER FINALIZATION: In the event of any disputes arising out of finalizing of tender agreement or any other matter relating to this tender the decision of GMTD, Cuttack shall be final and binding on all concerned. 35. ARBITRATION 35.1 In the event of any question, dispute or difference arising under this agreement or in connection there-with except as to matter the decision of which is specifically provided under this agreement, the same shall be referred to sole arbitration of the CHIEF GENERAL MANAGER Telecom BSNL, Odisha Circle Bhubaneswar or in case his designation changed or his office is abolished then in such case to the sole arbitration of the officer for the time being entrusted whether in addition to the functions of the Chief General Manager BSNL, Odisha Circle Bhubaneswar or by whatever designation such officers may be called. The award of the arbitrator shall be final and binding on the parties The venue of the arbitration proceeding shall be the O/O the Chief General Manager BSNL Odisha Circle Bhubanewar or such other places as the arbitrator may decide. The following procedure shall be followed.

16 In case parties are unable to reach a settlement by themselves, the dispute should be submitted for arbitration in accordance with contract agreement There should not be a joint submission with contractor to the sole arbitrator Each party should submit its own claim severally and may oppose the claim put forward by the other party The onus of establishment his claims will be left to the contractor Once a claim has been included in the submission by the contractor, a modification thereof will be opposed The point of defence will be based on actual conditions of the contract Claims in the nature of ex-gratia payments shall not be entertained by the Arbitrator as these are not contracted. 36. SET OFF Any sum of money due and payable to the supplier (including security deposit refundable to him) under this contract may be appropriated by the BSNL or the Government or any other person(s) contracting through the Govt of India and set off the same against any claim of the BSNL or Govt or such other person or Persons for payment of a sum of money arising out of this contract or under any other contract made by the contractor with the BSNL of Govt or such other person or persons contracting through Government of India. The terms and conditions enumerated in the above as different clauses shall be binding and the bidder shall have to accept them in writing alongwith the tender. Also other terms and conditions enumerated in the bid documents shall be binding on bidder. 37. TERMINATION FOR DEFAULT The Purchaser may, without prejudice to any other remedy for breach of contract, by written notice of default, sent to the service supplier, terminate this contract in whole or in part a) If the service supplier fails to deliver his service within the time period(s) specified in the contract, or any extension thereof granted by the purchaser. b) if the service supplier fails to perform any other obligation(s) under the Contract. 38. COURT JURISDICTION 38.1 Any dispute arising out of the tender/ bid document/ evaluation of bids/ issue of LOI shall be subject to the jurisdiction of the competent court at the place from where the NIT/ tender has been issued Where a contractor has not agreed to arbitration, the dispute/ claims arising out of the Contract/ PO entered with him shall be subject to the jurisdiction of the competent Court at the place from where Contract/ PO has been issued. Accordingly, a stipulation shall be made in the contract as under. This Contract/ PO is subject to jurisdiction of Court at Cuttack only.

17 17 SECTION-V LIST OF ALL TYPE OF FORMATS Sl Format Name No 1 ANNEXURE-A: AGREEMENT (Sample Format) 2 ANNEXURE-B: DECLARATION OF NON TAMPERING OF TENDER DOCUMENT 3 ANNEXURE-C: DECLARATION OF CLAUSE BY CLAUSE COMPLIANCE 4 ANNEXURE-D: NO NEAR RELATIVES CERTIFICATE IN BSNL 5 ANNEXURE-E: PERFORMANCE BANK GUARANTEE 6 ANNEXURE-F: LETTER OF AUTHORISATION FOR ATTENDING BID OPENING 7 ANNEXURE-H: TENDERER S PROFILE 8 ANNEXURE-I: BID FORM 9 ANNEXURE-J:UNDERTAKING & DECLARATION

18 18 ANNEXURE-A AGREEMENT (On Rs Non-judicial stamp paper) Tender No.- Name of work:- This contract is made between the GMTD, BSNL (Cuttack) party of the first part & M/s (hereinafter called the contractor) party on the second part. Tender no. dated. The period of contract will be 12 months with effect from date. In case the tender is further extended as per the terms & conditions of the tender, the contract shall remain valid till the expiry of the extended period of the tender on the same terms and conditions. This contract is entered into by the BSNL with the contractor for (Name of work): The scope, terms and conditions/specification etc. of this contract will be as per original tender documents & those modified by the BSNL from time to time. I assure that I shall undertake the said supply as per terms and conditions of contract during the tenure of the contract. Witness Party on the first part 1. Signature Addl GM (Rural) Name & address O/o GMTD, Cuttack 2. Signature Name & address Party on the second part Name, address & signature of the contractor with seal of the company

19 19 ANNEXURE-B Declaration of Non tampering of tender document I, Sri/Smt/M/s (authorized signatory) hereby declare that the tender document submitted has been downloaded from the website and I have checked up that no page is missing and all pages as per the index are available and no addition/ deletion/correction/tampering has been made in the tender document. In case at any stage, it is found that any addition / deletion / correction has been made, BSNL shall have the absolute right to take any action as deemed fit, without any prior intimation to me. Place: Date: Signature of bidder/authorized Signatory Name of the Seal of the bidder:

20 20 ANNEXURE-C DECLARATION OF CLAUSE BY CLAUSE COMPLIANCE I (authorized signatory) hereby declare that I shall comply with all the terms and conditions of the tender documents as out lined in all the clauses unconditionally. Place : Signature of the Tenderer Date: Name of the Tenderer

21 21 ANNEXURE-D NO NEAR RELATIVES CERTIFICATE IN BSNL [Certificate to be given by the contractor in respect of no near relative (s) in BSNL of the contractor] DECLARATION I/We S/o resident of.hereby certify that none of my near relative(s) as defined in the tender document is/are employed any where in BSNL as per details given in tender document. In case at any stage, it is found that the information given by me is false/incorrect, BSNL shall have the absolute right to take any action as deemed fit, without any prior intimation to me. Signature of the bidder Name : Note: The near relatives for this purpose are defined as : A. Members of a Hindu Undivided family. B. They are husband and wife. C. The one is related to the other in the manner as father, mother, son(s) and son s Wife (Daughter-in-law). Daughter(s) and daughter s husband (Son-in-law), Brother(s) and brother s wife, sister(s) and sister s husband (Brother-in-law). Note: In case of proprietorship firm, certificate will be given by the proprietor, for partnership firm, certificate will be given by all the partners and in case of Private Ltd. Company, by all the directors of the company. Signature of the bidder Name : Place: Date: (Capacity in which signing)

22 22 ANNEXURE-E Proforma for Performance Bank Guarantee (To be typed on Rs.100/- non-judicial stamp paper & for the period 2 ½ years) Dated:.. Sub: Performance guarantee. Whereas Addl. GM (Rural), O/o GMTD, BSNL Cuttack R/o... (hereafter referred to as GMTD, BSNL Cuttack) has issued an LOI no.... Dated / /20.. awarding the work of to M/s.. R/o (hereafter referred to as Bidder ) and GMTD, BSNL Cuttack has asked him to submit a performance guarantee in favour Addl.GM (Rural), O/o GMTD, BSNL Cuttack of Rs... /- (hereafter referred to as P.B.G. Amount ) valid up to / /20 (hereafter referred to as Validity Date ) Now at the request of the Bidder, We Bank Branch having... (Address) and Regd. office address as... (Hereinafter called the Bank ) agreed to give this guarantee as hereinafter contained: 2. We, the Bank do hereby undertake and assure to the GMTD, BSNL Cuttack that if in the opinion of the GMTD, BSNL Cuttack, the Bidder has in any way failed to observe or perform the terms and conditions of the said agreement or has committed any breach of its obligations there-under, the Bank shall on demand and without any objection or demur pay to the GMTD, BSNL Cuttack the said sum limited to P.G. Amount or such lesser amount as GMTD, BSNL Cuttack may demand without requiring GMTD, BSNL Cuttack to have recourse to any legal remedy that may be available to it to compel the Bank to pay the same. 3. Any such demand from the GMTD, BSNL Cuttack shall be conclusive as regards the liability of Bidder to pay to GMTD, BSNL Cuttack or as regards the amount payable by the Bank under this guarantee. The Bank shall not be entitled to withhold payment on the ground that the Bidder had disputed its liability to pay or has disputed the quantum of the amount or that any arbitration proceeding or legal proceeding is pending between Bidder and GMTD, BSNL Cuttack regarding the claim. 4. We, the Bank further agree that the guarantee shall come into force from the date of its issue and shall remain in full force and effect up to its Validity date.

23 23 5. The Bank further agrees that the GMTD, BSNL Cuttack shall have the fullest liberty without the consent of the Bank and without affecting in any way the obligations hereunder to vary any of the terms and conditions of the said agreement or to extend the time for performance of the said agreement from any of the powers exercisable by GMTD, BSNL Cuttack against the Bidder and to forebear to enforce any of the terms and conditions relating to the said agreement and the Bank shall not be relieved from its liability by reason of such failure or extension being granted to Bidder or through any forbearance, act or omission on the part of GMTD, BSNL Cuttack or any indulgence by GMTD, BSNL Cuttack to Bidder or any other matter or thing whatsoever which under the law relating to sureties would but for this provision have the effect of relieving or discharging the guarantor. 6. Notwithstanding anything herein contained ; (a) The liability of the Bank under this guarantee is restricted to the P.G. Amount and it will remain in force up to its Validity date. (b) The guarantee shall stand completely discharged and all rights of the GMTD, BSNL Cuttack under this Guarantee shall be extinguished if no claim or demand is made on us in writing on or before its validity date. 7. In case GMTD, BSNL Cuttack demands for any money under this bank guarantee, the same shall be paid through banker s Cheque in favour of AO (Cash) O/o GMTD, BSNL, Cuttack. 8. The Bank guarantees that the below mentioned officer who have signed it on behalf of the Bank have authority to give this guarantee under its delegated power. Place: Date:.. Signature of the Bank Officer) Rubber stamp of the bank Authorized Power of Attorney Number:. Name of the Bank officer:.. Designation: Complete Postal address of Bank: Telephone Numbers.. Fax numbers

24 24 ANNEXURE-F LETTER OF AUTHORISATION FOR ATTENDING BID OPENING Tender number Sub: Authorisation for attending bid opening on (Date) in the tender of Following person is hereby authorised to attend the bid opening for the tender mentioned above on behalf of (bidder). Name Specimen signature Signature of bidder officer authorised to sign the bid document on behalf of the bidder. or Note: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 authorised as prescribed above is not recovered.

25 25 ANNEXURE-G TENDERER S PROFILE General:- 1. Name of the tenderer/firm. 2. Name of the person submitting the tender Shri/Smt (In case of proprietary/partnership firms, the tender has to be signed by proprietor/ Partner only, as the case may be) 3. Address of the firm/tenderer: (Present & Permanent) 4. ID 5. Tel No. (with STD code) (O). (Fax). (R) (M).. 6. Registration & incorporation particulars of the firm (in case of firms) i) Proprietorship ii) iii) Partnership Private Limited iv) Public Limited (Please attach attested copies of documents of registration/incorporation of your firm with the competent authority as required by business law) 7. Name of proprietor/partners/directors.. 8. Tenderer s enlistment certificate details. a) Category b) Number c) Issuing Telecom Circle. d) Issued on. e) Valid up to 9. Tenderer s bank, its address and his current account number. 10. Permanent Income Tax number, Income Tax Circle 11. Infrastructure capabilities. 12. Details of Technical and supervisory staff: 13. VAT No. (TIN No.) 14. EPF Code No. 15. ESI registration No. I/We hereby declare that the information furnished above is true and correct. Passport Photograph of bidder/firm proprietor Place & Date:- Signature of tenderer/authorized signatory Name of the tenderer

26 26 ANNEXURE-H BID FORM To From,.. <complete address of the purchaser><complete address of the Bidder> Bidder s Reference No:... Dated. Ref: Your Tender Enquiry No. dated 1. Having examined the above mentioned tender enquiry document including amendment/ clarification/ addenda Nos.... dated.. the receipt of which is hereby duly acknowledged, we, the undersigned, offer to supply and deliver... in conformity with the said drawings, conditions of contract and specifications for the sum shown in the schedule of prices attached herewith and made part of the financial Bid. 2. Bid submitted by us is properly sealed and prepared so as to prevent any subsequent alteration and replacement. 3. We agree to abide by this Bid for a period of.days from the date fixed for Bid opening or for subsequently extended period, if any, agreed to by us. This bid shall remain binding upon us up to the aforesaid period. 4. We understand that you are not bound to accept the lowest or any bid, you may receive. 5. If our Bid is accepted, we will provide you with a performance guarantee from a Scheduled Bank for a 5% of the contract value for the due performance of the contract. 6. If our Bid is accepted, we undertake to complete delivery of all the items and perform all the services specified in the contract in accordance with the delivery schedule specified in the Section-2 (Tender Information). 7. Until a formal Purchase Order of Contract is prepared and executed, this Bid together with your written acceptance thereof in your notification of award shall constitute a binding contract between us. Dated:... day of Signature. Witness Name.. Signature. In the capacity of. Name.. Duly authorized to sign the bid for and on Address... behalf of...

27 27 ANNEXURE-I UNDERTAKING & DECLARATION For understanding the terms & condition of Tender & Spec. of work a) Certified that: 1. I/ We. have read, understood and agree with all the terms and conditions, specifications included in the tender documents & offer to execute the work at the rates quoted by us in the tender form. 2. If I/ We fail to enter into the agreement & commence the work in time, the EMD/ SD deposited by us will stand forfeited to the BSNL. b) The tenderer hereby covenants and declares that: 1. All the information, Documents, Photo copies of the Documents/ Certificates enclosed along with the Tender offer are correct. 2. If anything is found false and/or incorrect and/or reveals any suppression of fact at any time, BSNL reserves the right to debar our tender offer/ cancel the LOA/ Purchase/ work order if issued and forfeit the EMD/ SD/ Bill amount pending with BSNL. In addition, BSNL may debar the contractor from participation in its future tenders. 3. I swear that no addition / deletion / corrections have been made in the downloaded tender document being submitted and it is identical to the tender document appearing on the website. Date: Place: Name of Tenderer. Along with date & Seal Signature of Tenderer

28 28 Sl No. SECTION-VI CHECK LIST (To be checked & filled in by bidder) Documents to be enclosed 1 Document fee in form of DD 2 EMD in form of DD 3 Self attested copy of valid Dealership licence / certificate from Exide company 4 Self attested copy of sale tax registration number/vat No 5 Self attested copy of PAN card 6 Power of attorney in original (if applicable) Put a tick mark for copy enclosed/signed Sl number to be given by bidder 7 Self attested copy of memorandum article/ partnership deed/affidavit/proprietorship (which is applicable). 8 Declaration of Non - tampering of tender Page No. document duly filled and signed. 9 Declaration of clause by clause compliance duly Page No. filled and signed. 10 No near relative certificate duly filled in and Page No. signed. 11 Tenderer s profile duly filled and signed Page No. 12 Bid form duly filled and signed. Page No. 13 Undertaking & Declaration Page No. 14 All pages of tender document to be signed by bidder All page N.B:- The bidder has to submit required documents in a bunch putting a serial number to each document, that number is to be filled in this check list. The items above from Sl No. 8 to 15 are available in tender document, to be filled in & signed by the bidder positively.

29 29 BID DOCUMENT FOR SUPPLY OF 12V BATTERY FOR VARIOUS TYPES DG SETS IN CUTTACK SSA (FINANCIAL BID)

30 30 SECTION-VII FINANCIAL BID Sl. No Name of the item Make Exide Express Apprx. qty reqd (in nos) 1 12V / 100 AH V / 130 AH V / 150 AH 6 Unit price in Rs. (To be quoted by bidder) Rate of scrapped bty per unit(buy-back) In figure In words In figures In word 1. Rate should be inclusive of all type of taxes excise duty, Octroi (entry tax), insurance, freight etc. 2. Evaluation will be made on the Gross total of the item, deduction buy back price. Signature of bidder