MM -1/T- 284/ REPAIRING OF SMPS P.P.MODULE/GDH/ TENDER FORM FEE: - Rs.500/-(Non refundable)

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1 TENDER FORM FEE: - Rs.500/-(Non refundable) TENDER FORM NO. BHARAT SANCHAR NIGAM LIMITED (A GOVERNMENT OF INDIA ENTERPRISE) O/o Telecom District Manager.Telephone.Eexchange Bldg.,Civil Lines Road, GODHRA GODHRA TELECOM DISTRICT TENDER DOCUMENT FOR Repairing of SMPS Power Plant Modules In Panchmahal District of GODHRA SSA Tender No: MM-1/T-284/Repairing of SMPS P.P. Modules/GDH/16-17/ Dtd. At Godhra The TENDER DOCUMENT DOWNLOAD DATE & TIME : Tender document download Time & date : From 10:30 Hrs. of to Hrs. of Time & Date for online bid submission : Up to Hrs. on Time & Date of online bid opening : At 15:30 Hrs. of dtd E.M.D. AMOUNT : - Rs. 11,130/- NAME & ADDRESS OF THE TENDERER:- Phone (O) (Res) DIVISIONAL ENGINEER (A&P) O/o TELECOM DISTRICT MANAGER 3RD FLOOR, CIVIL LINE ROAD GODHRA T.No /252555/fax id: gdrsdemm@gmail.com Signature of Tenderer

2 TABLE OF CONTENTS PART- A Technical - Bid SECTION TITLE PAGE No. I Notice Inviting Tender 03 II Instructions to Bidders III General (Commercial) Conditions of the Contract IV Special Conditions of Contract V Schedule of Requirements 27 VI Bid forms 28 VII Bid Security Form 29 VIII Performance Security Guarantee Bond IX Letter of Authorization for attending Bid Opening. 32 Annexure Ann-I Form-A 33 Ann-II Declaration 34 Ann-III Relative Clause Certificate 35 Ann-IV Agreement Annexure-VI (Mandate Form) Ann-V Advance Stamp Receipt 42 Master Vendor Form Check List Registration 48 PART- B Financial - Bid Signature of Tenderer

3 Section-I Technical Bid BHARAT SANCHAR NIGAM LIMITED O/o T. D.M 3RD FLOOR, TELEPHONE EXCHANGE EXCHANGE GODHRA NOTICE INVITING TENDER No: MM-1/T-284/Repairing of SMPS Power Plants modules/gdh/16-17 For and on behalf of BSNL are invited online tender for Repair of SMPS Power Plant Modules on Rate Running contract basis in GODHRA SSA,Panchmahal District, in two parts (i.e. Part A Technical Offer and Part B Financial Bid) from reputed and capable parties having the requisite experience in repair of SMPS Power Plant rack & modules as per detailed below. 1) Tender No. : MM-1/T-284/Repairing of SMPS Power Plant Modules/GDH/16-17/ 2) Estimated cost : Rs. : ,45,100 /- 3) Bid Security (EMD): : Rs ,130/- 4) Last date and time for- Submission of the Tender up to hrs on dtd ) Opening of the Tender : on dtd at hrs Bid security should be furnished either in the form of Cash/DD for amount mentioned above from any Nationalized/Scheduled bank in favor of A.O. (Cash), BSNL, O/o Telecom District Manager, GODHRA. The cost of the Tender document is Rs. 500/-, payable in Cash to A.O. (Cash), BSNL, O/o TDM, GODHRA or in the form of DD from any Nationalized/Scheduled bank in favour of A.O. (Cash), BSNL, O/o TDM, GODHRA has decided to use process of e-tendering process for inviting this tender and thus the physical copy of the tender would not be sold. Tender document should be downloaded from the website: or The bidder can participate in the e-tender by downloading e-tender from from :30 hrs to 17:00 hrs NOTE: - The Tender Document shall not be available for download after its closing date & time as mentioned in NIT. DD of nationalized/scheduled bank payable to A.O.(Cash) BSNL,TDM GODHRA for cost of bid document and EMD submitted physically at DE (A&P), O/o TDM, Godhra. Tender documents to MSME/NSIC bidders shall be issued at free of cost on producing current Registration certificate. EMD also exempted for MSME/NSIC bidders. All pages of the tender document must be signed with stamp by Authorized signatory before on line submission. The TDM BSNL, GODHRA reserves the right to accept/cancel any / all tender(s) without assigning any reason what so ever and not to accept the lowest bid. Whole document also be submitted online compulsory. Telecom District Manager Godhra Signature of Tenderer

4 INTRODUCTION 1. DEFINITIONS: SECTION II INSTRUCTIONS TO BIDDERS (a) "BSNL" means the BHARAT SANCHAR NIGAM LIMITED, O/o Telecom District Manager, GODHRA Telecom District. (b) "The Bidder" means the individual or firm who participates in this tender and submits its bid. (c) "The Contractor" means the individual or firm repairing the modules of SMPS Power Plants under the contract. (d) The Goods" means all the modules and mother boards which the contractor is required to repair under the contract. (e) "The Work Order means the Order placed by the field units on the contractor signed by the unit in charge. (f) "The Contract Rate" means the rate payable to the repairer under the work order for the full and proper performance of its contractual obligations. 2. ELIGIBLE BIDDERS: 2.1 Bidder should be an Indian company / Individual. 2.2 Bidder should have previous experience of repair of modules of SMPS P.P. at least three makes of modules amounting Rs.2 (Two) Lacs in one year during last three years from the tender opening date. (Documentary proof to be attached). 3. COST OF BIDDING: The bidder shall bear all costs associated with the preparation and submission of the bid. The BSNL GODHRA, in no case, is responsible or liable for these costs, regardless of the conduct or outcome of the bidding process. THE BID DOCUMENTS: 4. DOCUMENTS REQUIRED: 4.1 The modules required to be repaired; bidding procedures and contract terms & conditions are prescribed in the Bid Documents. The Bid Documents include: Signature of Tenderer

5 (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) Notice Inviting Tender Instruction to Bidders General Conditions of the Contract Special Conditions of Contracts. Schedule of Requirements Technical Specifications Bid Security Form Performance Security Bond Form Letter of authorization to attend bid opening. Financial Bid - Rate Sheet Mandate Form 4.2 The Bidder is expected to examine all instructions, forms, terms and specifications in the Bid Documents. Failure to furnish all information required as per the Bid Documents or submission of bids not substantially responsive to the Bid Documents in every respect will be at the bidder's risk and shall result in rejection of the bid. 5. CLARIFICATION OF BID DOCUMENTS: i) A prospective bidder, requiring any clarification of the Bid Documents shall notify the BSNL GODHRA in writing or by FAX at the BSNL s mailing address indicated in the Invitation for Bids. The BSNL GODHRA shall respond in writing to any request for clarification of the Bid Documents, which it receives not later than 21 days prior to the date of opening of the tenders. Copies of the query (without identifying the source) and clarifications by the BSNL GODHRA shall be sent to all the prospective bidders who have download the bid documents. ii) Any clarification issued by BSNL in response to query raised by prospective bidders shall form an integral part of bid documents and it may amount to an amendment of relevant clauses of the bid documents. iii) No request for post-bid clarification shall be entertained. 6. AMENDMENT OF BID DOCUMENTS: 6.1 At any time, prior to the date of submission of bids, the BSNL GODHRA may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective Bidder, modify the bid documents by amendments. 6.2 The amendments shall be notified in writing or by telex or FAX to all prospective bidders on the address intimated at the time of purchase of bid document from the BSNL GODHRA and these amendments will be binding on them. 6.3 In order to afford prospective bidders reasonable time in which to take the amendments into account in preparing their bids, the BSNL GODHRA may, at its discretion, extend the deadline for the submission of bids suitably Signature of Tenderer

6 PREPARATION OF BIDS 7. DOCUMENTS COMPRISING THE BID: The bid (Technical & Financial) prepared by the bidder shall comprise the following components: (a) Documentary evidence established in accordance with Clause 2 and 10 of these instructions to Bidders that the bidder is eligible to bid and is qualified to perform the contract if his bid is accepted. (b) Bid Security furnished in accordance with Clause 12 in the Performa. (c) A clause by Clause compliance as per clause 11.2 (d) Bid form and rate Sheet completed in accordance with clause 8 & 9. (e) Certificate for non participation of near relatives & non blacklist of firm. 8. BID FORM: The bidder shall complete the Bid Form and the appropriate Rate Schedule furnished in the Bid Documents, indicating the modules to be repaired, as per PART-B Rate-Sheet (Financial Bid). 9. BID RATES: 9.1 The bidder shall give the total composite price inclusive of all levies i.e packing, forwarding, freight & insurance etc., but excluding Octroi/Entry Tax which will be paid extra as per actual, wherever applicable. The basic unit cost of repair of SMPS P.P. Modules need to be individually indicated against the type of modules proposed to be repaired under the contract as per price schedule given in Financial Bid in Indian Rupees. No foreign exchange will be made available by BSNL GODHRA Rates indicated in the Rate Sheet shall be entered in the following manner: (i) The unit rate of modules of different type including all levies i.e. freight, packing, forwarding, insurance and any other levies / charges already paid or payable by the contractor shall also be quoted separately item wise. (ii) The contractor shall quote as per Rate -Sheet given in PART-B Financial Bid for all the items given in schedule of requirement. 9.3 The rates quoted by the bidder shall remain fixed during the entire period of contract and shall not be subject to variation on any account. A bid submitted with an adjustable rate quotation will be treated as non-responsive and rejected. 9.4 The rates quoted by the bidder shall be in sufficient detail to enable the BSNL GODHRA to arrive at cost of repair of SMPS P.P. Modules Signature of Tenderer

7 9.5 "Discount", if any offered by the bidders shall not be considered unless they are specifically indicated in the rate schedule. Bidders desiring to offer discount shall therefore modify their offers suitably while quoting and shall quote clearly net rate taking all such factors like discount, free supply, etc. into account. 9.6 The rates approved by the BSNL for repair will be inclusive of levies like packing, forwarding, freight and insurance as mentioned in para 9.1 above. and any change in these shall have no effect on rate during the scheduled contract period. 9.7 Service Tax extra on repairing charges will be paid by BSNL GODHRA as applicable. 10. DOCUMENTS ESTABLISHING BIDDER'S ELIGIBILITY AND QUALIFICA- TIONS: 10.1 The bidder shall furnish, as part of his bid documents establishing the bidder's eligibility, the following documents or which ever is required as per terms and Conditions of Bid Documents duly self attested. i. Certificate of experience in repair of modules of SMPS P.P. of at least three make amounting Rs.2 (Two) Lacs in one year during last three years from the tender opening date.. ii. Articles of Memorandum of Association or partnership deed or proprietorship deed as the case may be. iii The attested copy of certificate of Registration of Firm. iv. Original Solvency Certificate from the banker of the Bidder Up to works costing Rs 20 lacs for Rs. 2 lacs, for works costing more than 20 lacs - Rs 5 lacs. The solvency certificate shall not be older than one year or Undertaking to produce after award of work in case of successful bidder from its bankers as evidence that he has financial capability to perform the contract. v Attested copy of PAN Card number. vi Service Tax Registration Certificate. The bidders who do not confirm to above eligibility conditions would be summarily rejected in Tech. bid. Vii If any of the documents, required to be submitted along with the technical bid, is found wanting, the offer is liable to be rejected at that stage. However, the purchaser at it s discretion may call for any clarification regarding the document. The purchaser at it s discretion may also ask for the submission of any additional/missing document(s) within a stipulated time period. In such case(s), the bidder shall have to comply the purchaser s requirement within the specified time. In case of non-compliance to such queries, the bid will be out rightly rejected without entertaining further correspondence in this regard. DOCUMENTS ESTABLISHING GOODS CONFORMITY TO BID DOCUMENTS 11.1 Pursuant to Clause 7, the bidder shall furnish, as part of his bid, documents establishing the conformity of his bid to the Bid document of Repair of SMPS P.P. Modules Signature of Tenderer

8 The bidder shall furnish:- (a) A clause-by-clause compliance on the BSNL's Terms and conditions of tender documents. In case of deviations, the deviations and exceptions to the provision of the Terms and conditions of tender documents shall be given by the bidder. A bid without clause-by-clause compliance of Terms and conditions of tender shall not be considered. 12. BID SECURITY: 12.1 Pursuant to Clause 7 the bidders shall furnish as part of his bid, a bid security for an amount as given in the NIT. The bidders who are registered with National Small Scale Industries Corporation UNDER SINGLE POINT REGISTRATION SCHEME are exempted from payment of bid security up to the amount equal to their monetary limit The bid security is required to protect the BSNL GODHRA against the risk of bidder's conduct, which would warrant the security's forfeiture, pursuant to para The bid security shall be in the form of a Cash/ Demand Draft issued by a scheduled bank/nationalized bank in favour of A.O.(Cash), BSNL, O/o TDM, GODHRA and payable at GODHRA A bid not secured in accordance with para 12.1 & 12.3 shall be rejected by the BSNL GODHRA being non-responsive at the bid opening stage and returned to the bidder un-opened The bid security of the unsuccessful bidder will be discharged/returned as promptly as possible as but not later than 30 days after the expiry of the period of bid validity prescribed by the Purchaser, pursuant to clause The successful bidder's bid security will be discharged upon the bidder's acceptance of the advance purchase order satisfactorily pursuant to clause 27 and furnishing the performance security The bid security may be forfeited: (a) (b) if a bidder withdraws his bid during the period of bid validity specified by the bidder on the Bid form or in the case of a successful bidder, if the bidder fails (i) To sign the contract in accordance with clause 28 or (ii) To furnish performance security in accordance with clause Signature of Tenderer

9 13. PERIOD OF VALIDITY OF BIDS: 13.1 Bid shall remain valid for 180 days from the date of bid opening prescribed by the BSNL GODHRA pursuant to clause 19.1 A bid valid for a shorter period shall be rejected by the BSNL GODHRA as non- responsive In exceptional circumstances, the BSNL GODHRA may request the bidder's consent for an extension to the period of bid validity. The request and the responses thereto shall be made in writing. The bid security provided under Clause 12 shall also be suitably extended. The bidder may refuse the request without forfeiting his bid security. A bidder accepting the request and granting extension will not be permitted to modify his bid. 14. FORMAT AND SIGNING OF BID: 14.1 The bidder shall prepare one complete set of bid The original Bid shall be typed or printed, numbered consecutively and shall be signed by the bidder or a person or persons duly authorized to bind the bidder to the contract. The letter of authorization shall be indicated by written power of attorney accompanying the bid 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 person or persons signing the bid. 15. Method of SUBMISSION OF BIDS: The tender forms to be submitted as below. The tender should be submitted online Technical Bid and Financial Bid. No indication of the Prices will be made in the Technical Bid Tender will be opened online in the presence of Bidders present on the due date of opening i.e Hrs. on Technical Bids of the Tenders received will be opened on that day. The Time, Date and Venue of the opening of FINANCIAL BIDS will be intimated only to those Bidders, whose Technical Bid is accepted after evaluation of details and documents furnished as per check list. No correspondence in this regard will be entertained. Incomplete Tender or Tender in which both technical Bid and Financial Bid are found is liable to be rejected. All Columns should be furnished with relevant details and no column should be left blank Financial Bid of technically responsive bidders only will be opened Bidder shall furnish the documents as per Technical Bid Form - Rates should be quoted as per the Schedule of Requirement and should be enclosed to Financial Bid Form at The format for Financial Bid should not be changed in any manner. Addition / deletion / Signature of Tenderer

10 alteration of the text will automatically render the tender invalid and therefore, will be summarily rejected The duly filled tenders must be accompanied with EMD EMD & Tender fee must be submitted physically to DIVISIONAL ENGINEER (A&P), O/o the TDM, GODHRA, 3rd Floor, Telephone Exchange Bldg.Civil Line Road, GODHRA: on or before Hrs. of & also scanned copy uploaded on line The bidder is requested to examine all instructions, forms, terms and specification in the Bid documents. Failure to furnish all the information required as per Bid Documents or submission of the bids not substantially responsive to the Bid Documents in every respect will be at the bidder s risk and may result in rejection of the Bid A prospective bidder requiring any clarification on the Bid document shall notify the purchaser in writing. The purchaser shall respond in writing to any request for the clarification of bid document which it receives not later than 7 days prior to the date of opening of Tender At any time, prior to the date of submission of bid, BSNL 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 The amendments shall be notified in writing to all prospective bidders and these amendments will be binding on them The bidder shall bear all costs associated with the preparation and submission of the bid. BSNL in no case be responsible for these costs regardless of the conduct or outcome of the bidding process. PART A: Technical Bid. a) Eligibility to bid-`form A (Annexure-I) duly filled in the original documents. b) Declaration as per Annexure -II c) Bid security of an amount as per NIT. d) All the pages of the technical bid should be numbered properly and sequentially. e) In the technical bid, price should not be mentioned at any place. PART B : Financial Bid: a) The price bid constitutes prices of the repairing of modules of SMPS in original the prices should be given in figures. No over writing is allowed. The price as shown should be all inclusive i.e. Duties, taxes, levies etc. The service Tax will be payable by BSNL GODHRA as applicable Signature of Tenderer

11 b) The prices are for free delivery at the Consignees premises. No additional freight and forwarding charges will be paid. Any confusion in this regard can be clarified with DE (A&P), by meeting in person or on phone No / Signing of Bid i) Individuals signing the bid or the other documents connected with the contract shall indicate their full name below their signatures. He/They shall also specify whether he/they is/are signing as:- a) A sole proprietor of the firm or his constituted attorney(s). b) Partner(s) in the firm, in which case he/they must have the authority to represent the firm, either by virtue of the partnership agreement or by the power of attorney, for arbitration of dispute(s) concerning the business of the said partnership firm. c) Constituted attorney of the firm in case of it being a company. ii) In case of partnership firm a copy of the partnership deed (agreement) and/or general power of attorney duly attested by a Notary Public shall accompany. iii) A person signing the bid form or any document forming the part of the contract on behalf of another person shall be deemed to be having authority to sign the document. If however, found to be otherwise the TELECOM DISTRICT MANAGER, GODHRA may, without prejudice to other civil and criminal remedies, cancel the contract at the risk and cost of such person and hold him liable for all costs and damages arising from the cancellation of the contract including any loss which the TELECOM DISTRICT MANAGER, GODHRA may suffer on account of execution of contract/intended contract. 16. SUBMISSION OF BIDS: 16.1 Bids must be received by the BSNL GODHRA at the address specified under para 15.2 Not later than 15:00 Hrs. on due date The BSNL GODHRA may, at its discretion, extend this deadline for the submission of bids by amending the Bid Documents in accordance with clause 6 in which case all rights and obligations of the BSNL GODHRA and bidders previously subject to the deadline will thereafter be subjected to the deadline as extended The bidder shall submit his bid offer against a set of bid documents purchased by him Signature of Tenderer

12 17. LATE BIDS: Any bid received by the BSNL GODHRA after the deadline for submission of bids prescribed by the BSNL GODHRA pursuant to Clause 16, shall be rejected and returned unopened to the bidder. 18. MODIFICATION AND WITHDRAWAL OF BIDS: 18.1 The bidder may modify or withdraw his bid after submission provided that the written notice of the modification or withdrawal is received by the BSNL GODHRA prior to the deadline prescribed for submission of bids The bidder's modification or withdrawal notice shall be prepared, sealed, marked and dispatched as required in the case of bid submission in accordance with the provision of clause 15. A withdrawal notice may also be sent by Fax but followed by a signed confirmation copy by post not later than the deadline for submission of bids Subject to clause 20, no bid shall be modified subsequent to the deadline for submission of bids. BID OPENING AND EVALUATION 19. OPENING OF BIDS BY BSNL GODHRA: 19.1 The BSNL GODHRA shall open the Technical Bids only in the presence of bidders or his authorized representatives who choose to attend, at time and date as mentioned in NIT. The bidder's representatives, who are present; shall sign in an attendance register. Authority letter to this effect shall be submitted by the bidder before they are allowed to participate in bid opening A maximum of two representatives for any bidder shall be authorized and permitted to attend the bid opening The Bidder's names, Bid rates, modifications, bid withdrawals and such other details as the Purchaser, at its discretion, may consider appropriate will be announced at the time of opening The date fixed for opening of Technical Bids, if subsequently declared as holiday by the BSNL, the revised date of schedule will be notified. However, in absence of such notification, the Technical Bids will be opened on next working day, time and venue remaining unaltered. 20. CLARIFICATION OF BIDS : To assist in the examination, evaluation and comparison of bids the BSNL GODHRA 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 Signature of Tenderer

13 21. PRELIMINARY EVALUATION: 21.1 BSNL GODHRA shall evaluate the bids to determine whether they are complete, whether any computational error have been made, whether required sureties have been furnished, whether the documents have been properly signed and whether the bids are generally in order Arithmetical errors shall be rectified on the following basis. If there is a discrepancy between the unit rate and total rate that is obtained by multiplying the unit rate and quantity, the unit rate shall prevail and the total rate shall be corrected by BSNL GODHRA. If there is a discrepancy between words and figures, the amount in words shall prevail. If the contractor does not accept the correction of the errors, his bid shall be rejected Prior to the detailed evaluation, pursuant to clause 22, the BSNL GODHRA 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 material deviations. BSNL GODHRA determination of bid's responsiveness shall be based on the contents of the bid itself without recourse to extrinsic evidence A bid determined as substantially non-responsive will be rejected by the BSNL GODHRA and financial bid there of will be returned unopened to the tenderer 21.5 The BSNL GODHRA 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. 22. EVALUATION AND COMPARISON OF SUBSTANTIALLY RESPONSIVE BIDS: 22.1 The BSNL GODHRA shall evaluate in detail and compare the bids previously determined to be substantially responsive pursuant to clause The evaluation and comparison of responsive bids shall be done on the rate of the repair of modules inclusive of all Taxes & levies i.e. Sales Tax & Excise Duty, packing, forwarding, freight and insurance etc. as indicated in col. 4 of the Rate Schedule in Financial Bid of the Bid Document but exclusive of octroi/entry/service tax which will be paid extra as per actual, wherever applicable Evaluation will be done on overall package basis. This will be arrived at multiplying rates quoted with quantities in tender & summing up all such items. The contractor has to quote for all the items. 23. CONTACTING BSNL GODHRA Subject to Clause 20, no bidder shall try to influence the BSNL GODHRA on any matter relating to its bid, from the time of the bid opening till the time the contract is awarded Signature of Tenderer

14 23.2 Any effort by a bidder to modify his bid or influence the BSNL GODHRA in the Purchaser's bid evaluation, bid comparison or contract award decisions shall result in the rejection of the bid. AWARD OF CONTRACT: 24. PLACEMENT OF ORDER : BSNL GODHRA shall consider placement of orders for repair of modules on those bidders whose offers have been found technically commercially, financially acceptable. The BSNL GODHRA reserves the right to counter offer rate (s) against rate (s) quoted by any bidder. The work will be awarded to L1 agency BSNL 'S RIGHT TO VARY QUANTITIES AND VALIDITY OF CONTRACT: (a) (b) BSNL will have the right to increase or decrease up to 25% of the quantity of modules and validity of contract for another one year without any change in the unit rate or other terms and conditions at the time of award of contract. In exceptional situation where the requirement is of an emergent nature and it is necessary to ensure continued supplies from the existing venders, the BSNL GODHRA reserves the right to place repeat order up to 50% of the quantities of modules and services contained in the running tender /contract within a period of twelve months from the earliest date of acceptance of W.O. at the same rate or a rate negotiated (downwardly) with the existing venders considering the reasonability of rates based on prevailing market conditions. 26. BSNL'S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS: The BSNL GODHRA reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids, at any time prior to award of contract without assigning any reason whatsoever and without thereby incurring any liability to the affected bidder or bidders on the grounds of the Purchaser's action. 27. ISSUE OF ADVANCE WORK ORDER: 27.1 The issue of an Advance Work Order shall constitute the intention of BSNL GODHRA to enter into the contract with the bidder The bidder shall within 14 days of issue of an advance work order, give his acceptance along with performance security in conformity with section IX provided with the bid documents. 28. SIGNING OF CONTRACT: 28.1 The issue of Work Order shall constitute the award of contract on the bidder Upon the successful bidder furnishing of performance security pursuant to clause 27, BSNL GODHRA shall discharge its bid security, pursuant to clause Signature of Tenderer

15 29. ANNULMENT OF AWARD: Failure of the successful bidder to comply with the requirement of Clause 28 shall constitute sufficient ground for the annulment of the award and forfeiture of the bid security in which event the BSNL GODHRA may make the award to any other bidder at the discretion of BSNL GODHRA or call for new bids. 30. IMPORTANT CONDITIONS: While all the conditions specified in the Bid Documents are critical and are to be complied Special attention of bidder is invited to the following clauses of the bid document, non- compliance of any one of which shall result in out right rejection of the bid. (i) Clause 15.1 of Section II - The bids will be recorded, if bids are not properly down loaded. (ii) Clause 12.1, 12.3 & 13.1 of Section II - The bids will be rejected at opening stage if bid security is not submitted as per Clauses 12.1 & 12.3 & bid validity is less than the period prescribed in Clause 13.1 mentioned above. (iii) Clause 2 & 10 of Section II - If the eligibility condition as per clause 2, Section II is not met and/or documents prescribed to establish the eligibility as per Clause 10 section II are not enclosed, the bids will be rejected without further evaluation. (iv) Clause 11.2 (a) of Section II - If clause by clause compliance and declaration as per Annexure-II the bids will be rejected at the stage of primary evaluation. (v) Section III Commercial conditions, Section IV Special Conditions and Section VI Bid Form: Compliance if given using ambiguous words like Noted: Understood". "Noted & understood shall not be accepted as compliance. Mere Complied will also be not sufficient, reference to the enclosed documents showing compliances must be given. (vi)part-b: Rate Sheet - Rates are not filled in as prescribed in rate sheet. 31. BSNL GODHRA reserves the right to disqualify the contractor for a suitable period who habitually failed to repair the equipment in time. Further, the contractor whose repaired modules do not perform satisfactory in the field in accordance with the specifications may also be disqualified for a suitable period as decided by the purchaser. 32. BSNL GODHRA reserves the right to blacklist a bidder for a suitable period in case he fails to honors his bid without sufficient grounds Signature of Tenderer

16 33. RELATIVE CLAUSE : No sub-contracting is permissible by BSNL. The near relatives of all BSNL employees {Non- executive employees & executive employees also called Group-A & Group-B officers } either directly recruited or on deputation are prohibited from participation in this tender. The near relatives for this purpose are defined as: (a) Members of a Hindu Undevided 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) & daughter s husband (son-in-law), brother(s)& brother s wife, sister(s) & sister s husband( brother-in-law). The tenderer(s) should give a certificate to the effect that none of his/her such relative is working in BSNL as defined above. In case of proprietorship firm the 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 Directors of the Company. Any breach of these conditions by the company or firm or any other person, the tender/work will be cancelled and earnest money/security deposit will be forfeited at any stage whenever it is noticed. The BSNL will not pay any damages to the company or firm or concerned person. The company or firm or the person will also be debarred for further participation in the concerned unit. The format of the certificate to be given as per Annexure III at page no The bidder will verify the genuineness and correctness of all documents and certificates including experience/performance certificate, issued either 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. 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/BG) of the bidder would be forfeited and bidder will be disqualified from the tender. Action would also be taken for banning of business dealing with the defaulting firm. In case contract 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 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 Signature of Tenderer

17 1. APPLICATION: SECTION - III GENERAL (COMMERCIAL) CONDITIONS OF CONTRACT : The General Conditions shall apply in contracts made by the BSNL GODHRA for the repair of SMPS P.P. Modules. 2. STANDARDS : The modules repaired under this contract shall confirm to the standards of SMPS P.P. 3. PATENT RIGHTS: The contractor shall indemnify the BSNL GODHRA against all third-party claims of infringement of patent, trademark or industrial design rights arising from use of the goods or any part thereof in Indian Telecom Network. 4. PERFORMANCE SECURITY: (Amendment letter No. 3-7/2004-MMT dated : All suppliers (including small scale units who are registered with the National Small Scale Industries Corporation under Single point registration scheme) shall furnish performance security to the purchaser for an amount equal to 5% of the value of purchase order within 14 days from the date of issue of advance purchase order/letter of intent by the purchaser.) MSME bidder also furnish performance security to the purchaser for an amount equal to 5% of the value of purchase order. 4.1 The contractor shall furnish performance security to the BSNL GODHRA for an amount equal to 10% of the value of Estimated cost within 14 days from the date of issue of Advance Work Order by BSNL, valid for a period of 18(Eighteen) months. 4.2 The proceeds of the performance security shall be payable to the BSNL GODHRA as compensation for any loss resulting from the Contractor's failure to complete its obligations under the Contract. 4.3 The Performance Security Bond shall be in the form of Cash/ Bank Guarantee issued by a Nationalized Bank/Scheduled Bank and in the form provided in the Bid Document, Financial Bid. 4.4 The Performance Security Bond will be discharged by the BSNL GODHRA after completion of the Contractor s performance obligations including any Warranty obligations under the Contract. 4.5 The period of contract is for One year and can be extended for further one year by the approval of TDM, GODHRA in steps of Three months each with an option of extension for Signature of Tenderer

18 first three months unilaterally by BSNL at the same rates, terms & conditions & further extension with mutual consent of both sides at the same rates, terms and conditions. 5. INSPECTION AND TESTS: 5.1 The BSNL GODHRA or his representative shall have the right to inspect and test the repaired module as per prescribed test schedules for their conformity to the specifications. Where the BSNL GODHRA decides to conduct such tests on the premises of the Contractor or its subcontractor(s), all reasonable facilities and assistance like Testing Instruments and other test gadgets including access to drawings and production data shall be furnished to the inspectors at no charge to the Purchaser. 5.2 Should any inspected or tested repaired module fail to conform to the Specifications the BSNL GODHRA may reject them and the Contractor shall either replace the rejected repaired module or make all alterations necessary to meet Specification requirements free of cost to the Purchaser. 5.3 Notwithstanding the pre-repair tests and inspections prescribed in clause 5.1 & 5.2 above, the module and accessories on receipt in the BSNL s premises will also be tested during and after installation before "take over" and if any equipment or part thereof is found defective, the same shall be replaced free of all cost to the BSNL GODHRA. 5.4 If any module or any part thereof, before it is taken over under clause 5.5 is found defective or fails to fulfill the requirements of the contract, the inspector shall give the Contractor notice setting forth details of such defects or failure and the Contractor shall make the defective module good, or alter the same to make it comply with the requirements of the contract forthwith and in any case within a period not exceeding one month of the initial report. The replacements shall be made by the Contractor free of all charges at site, should it fail to do so within this time, the BSNL GODHRA reserves the discretion to reject and replace at the cost of the Contractor the whole or any portion of the module as the case may be, which is defective or fails to fulfill the requirements of the contract. The cost of any such replacement made by the BSNL GODHRA shall be deducted from the amount payable to the Contractor. 5.5 When the performance tests called for have been successfully carried out, the inspector/ ultimate Consignee will forthwith issue a Taking over Certificate. The inspector/ultimate consignee shall not delay the issue of any "Taking Over Certificate contemplated by this clause on account of minor defects in the module which do not materially affect the commercial use thereof provided that the Contractor shall undertake to make good the same in a time period not exceeding two months. The taking Over Certificate shall be issued by the ultimate consignee within six weeks of successful completion of tests Signature of Tenderer

19 5.6 Nothing in clause 5 shall, in any way; release the Contractor from any Warranty or other obligations under this contract. 6. DELIVERY AND DOCUMENTS: 6.1 Delivery of the module and documents shall be made by the Contractor in accordance with the terms specified by the BSNL GODHRA in its Schedule of Requirements and special conditions of contract and the module shall remain at the risk of the Contractor until delivery has been completed. The delivery of the module shall be to the ultimate consignee as given in the work order. 6.2 The delivery of the module and documents shall be completed within 15 days from the date of issue of work order. 6.3 All Technical assistance for installation, commissioning and monitoring of the module shall be provided by the bidders at no extra cost. 7. INCIDENTAL SERVICES: 7.1 The contractor may be required to provide any or all of the following services: (a) Performance or supervision of on-site repair and/or start-up of the module. (b) Furnishing of tools required for repair and/or maintenance of modules. (c) Performance of supervision or maintenance and/or repair of the module, for a period of time agreed by the parties provided that this service shall not relieve the contractor of any Warranty obligations under this Contract. 8. SPARES:- All the spares should be provided by the contractor including major components. 9. WARRANTY: 9.1 The contractor shall warrant that repaired module shall be free from all defects and faults in materials used, workmanship. This warranty shall survive inspection or payment for / and acceptance of module, but shall expire (except in respect of complaints notified prior to such date), 06 (Six) months after the modules have been put in to use in P.P. 9.2 If it becomes necessary for the contractor to replace or renew any defective portion(s) of the module under this clause, the provisions of the clause 10.1 shall apply to the portion/portions module so replaced or renewed or until the end of the above mentioned period of Six months, whichever may be later. If any defect is not remedied by the contractor within a reasonable time, the BSNL GODHRA may proceed to get the defects remedied from other contractor etc., at the contractor's risk and expenses, but without Signature of Tenderer

20 prejudice to any other rights which the BSNL GODHRA may have against the contractor in respect of such defects. 9.3 Replacement under warranty clause shall be made by the contractor free of all charges at site including freight, insurance and other incidental charges. 10. PAYMENT TERMS: 10.1 The contractor will submit the bill to the SDE I/C in triplicate which should be typed or written in ink on monthly basis. The original copy of the bill must be pre-receipted over revenue stamp, if the amount exceeds Rs. Five Thousand. The bill should be submitted along with the original work order and service call report.. The bill should contain Service Tax number, Registration number and should be machine numbered. Service Call report may be accompanied with the bill The bill duly certified by the controlling officer SDE and duly countersigned by DE concerned may be submitted to A.O.(CASH) BSNL, GODHRA for further processing for payment. LD charge if any will be deducted by the DE concern and the net amount may be passed for payment with the counter signature of DE concern BSNL,GODHRA will not be liable for any interest on any bill outstanding for payment. 11. RATES: Implementation of E Payment in BSNL vide letter No.TAC/1-22/BANK/GEN CORR/E PAYMENT/07-08/110 Dated To make E-Payment a mandate duly filled in and signed by authorized signatory of the beneficiary duly verified by their bank and an undertaking are to be obtained from the vendors/franchise in the prescribed Form as per Annexure-VI (i) prices charged by the supplier of goods delivered and services performed under the contract shall not be higher than the prices quoted by the supplier in his bid. (ii) (a) Prices will be fixed at the time of issue of purchase order as per taxes and statutory duties applicable at that time. (b) In case of reduction of taxes and other statutory duties during the scheduled delivery period, purchaser shall take the benefit of decrease in these taxes/duties for the supplies made from the date of enactment of revised duties/taxes. (c) In case of increase in duties/taxes during the scheduled delivery period, the purchaser shall revise the prices as per new duties /taxes for the supplies, to be made during the remaining delivery period as per terms and conditions of the purchase order. (iii) Any increase in taxes and others statutory duties/levies after the expiry of scheduled delivery date shall be to the supplier account. However, benefit of any decrease in these taxes/duties shall be passed on to the purchaser by the supplier. (iv) Rate Running Contract (RRC) is valid for one year from the date of issue of Final Acceptance of Tender (FAT). The contract can further be extended at the discretion of Telecom District Manager, GODHRA for further one year in steps of 6 months at a time at the same rate, terms & conditions. 12. CHANGES IN WORK ORDERS: Signature of Tenderer

21 12.1 The BSNL GODHRA may, at any time, by a written order given to the contractor, make changes within the general scope of the contract in any one or more of the following :- (a) The method of transportation or packing: (b) The place of delivery; or (c) The services to be provided by the contractor. 13. SUBCONTRACTS: The contractor shall notify the BSNL GODHRA in writing of all subcontracts awarded under this contract if not already specified in his bid. Such notification, in his original bid or later shall not relieve the contractor from any liability or obligation under the Contract. 14. DELAYS IN THE CONTRACTOR S PERFORMANCE: 14.1 Delivery of the module shall be made by the contractor in accordance with the time schedule specified by the BSNL GODHRA in its work Order. In case the repair is not completed in the stipulated delivery period, as indicated in the work Order, BSNL GODHRA reserves the right either to short close/ cancel this work order and/or recover liquidated damage charges. The cancellation/ short closing of the order shall be at the risk and responsibility of the contractor and BSNL GODHRA reserves the right to get repaired balance unrepaired modules at the risk and cost of the defaulting vendors Delay by the contractor in the performance of its delivery obligations shall render the contractor liable to any or all of the following sanctions, forfeiture of its performance security imposition of liquidated damages and/or termination of the contract for default If at any time during the Contract period, the contractor encounter conditions impending timely delivery of the repaired module, the contractor shall promptly notify to the BSNL GODHRA in writing the fact of BSNL GODHRA shall evaluate the situation and may at its discretion extend the period of delivery of the modules subject to the LD charges If the modules are not repaired in the extended delivery period, the work order shall be short-closed and action/penalty will be applicable. 15. PENALTIES & LIQUIDATED DAMAGES 15.1 The date of delivery of the stores stipulated in the acceptance of tender should be deemed to be as per work order issued by field If the contractor fails to repair module or deliver the repaired modules after collection within 15 days, the BSNL GODHRA shall be entitled to recover Rs.100/- per module per day. Penalty applicable be limited to maximum 20% of value of that work order. Beyond delay of 15 days, BSNL GODHRA will be authorized to get repair Signature of Tenderer

22 modules at market rate and cost will be recovered from the contractor s SD in addition to penalty After collection of module from site by the contractor, no module will be declared Repair Not possible (RNP) In case modules are damaged while repairing, the contractor shall be responsible to pay the originals cost of the equipment (s) or make the damage goods by replacement. If the contractor fails to make goods the damages caused, penalty of Rs.2000/- per module will be imposed and recovered from the successive bills of the contractor. This is in addition to recovery of original cost In case of complete failure of power plant except burnt cases, the contractor should repair the power plant within 24 hours of report. The penalty will be imposed at the rate Rs.2000/- per day for emergency failure beyond 24 hours of reporting The contractor will collect the module from the collection center within THREE days from the date of intimation under proper receipt to the in charge of collection center. However under emergent condition the collection of modules to be done on the same day. 16. FORCE MAJEURE: 16.1 If any time, during the continuance of this contract, the performance in whole or in part by either party of any obligation under this contract is prevented or delayed by reason of any war, or hostility, acts of the public enemy, civil commotion sabotage, fires, floods, explosions, epidemics, quarantine restrictions, strikes, lockouts or act of God (Herein after referred to as an events) provided notice of happenings, of any such eventuality is given by either party to the other within 21 days from the date of occurrence thereof, neither party shall by reason of such event be entitled to terminate this contract nor shall either party have any claim for damages against the other in respect of such non-performance or delay in performance, and deliveries under the contract shall be resumed as soon as practicable after such an event come to an end or cease to exist, and the decision of the BSNL GODHRA as to whether the deliveries have been so resumed or not shall be final and conclusive. Further that if the performance, in whole or part of any obligation under this contract is prevented or delayed by reason of any such event for a period exceeding 60 days either party may, at his option terminate the contract. 17. TERMINATION FOR DEFAULT: 17.1 The BSNL GODHRA 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 a) If the contractor fails to deliver any or the entire module within the time period(s) specified in the Contract or any extension thereof granted by the BSNL GODHRA pursuant to Clause 14. b) If the contractor fails to perform any other obligation(s) under Contract: and Signature of Tenderer

23 c) If the contractor, in either of the above circumstances, does not remedy his failure within a period of 15 days (or such longer period as BSNL GODHRA may authorize in writing) after receipt of the default notice from the BSNL GODHRA In the event the BSNL GODHRA terminates the contract in whole or in part, pursuant to para 17.1 the BSNL GODHRA may get repaired, upon such terms and in such manner as it deems appropriate, module form other sources and the contractor shall be liable to the BSNL GODHRA for any excess cost for such similar module. However, the contractor shall continue the performance of the contract to the extent not terminated. 18. TERMINATION FOR INSOLVENCY The BSNL GODHRA may at any time terminate the Contract by giving written notice to the contractor, without compensation to contractor, if the contractor becomes bankrupt or otherwise insolvent as declared by the competent court provided that such termination will not prejudice or affect any right or action or remedy which has accrued or will accrue thereafter to BSNL GODHRA. 19. ARBITRATION: I. 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 CGMT, Gujarat circle, AM, or in case his designation is changed or his office is abolished then in such case to the sole arbitration of the officer for the time being entrusted whether in addition to the functions of the CGMT, Gujarat circle, AM or by whatever designation such officers may be called (hereinafter referred to as the said officer) and if the CGMT, Gujarat circle, AM or the said officer is unable or unwilling to act as such to the sole arbitration or some other person appointed by the CGMT, Gujarat circle, AM, or the said officer. The agreement to appoint an arbitrator will be in accordance with the Arbitration and Conciliation Act, There will be no objection to any such appointment that the arbitrator is BSNL servant or that he has to deal with the matter to which the agreement relates or that in the course of his duties as BSNL servant he has expressed views on all or any of the matter under dispute. The award of the arbitrator shall be final and binding on the parties. In the event of such arbitrator to whom the matter is originally referred, being transferred or vacating his office or being unable to act for any reasons whatsoever such CGMT, Gujarat circle, AM or the said officer shall appoint another person to act as arbitrator in accordance with terms of the agreement and the person so appointed shall be entitled to proceed from the stage at which it was left out by his predecessors. II. The arbitrator may from time to time with the consent of parties enlarge the time for making and publishing the award, subject to aforesaid Indian Arbitration and Conciliation Act 1996 and the rules made there under, any modification thereof for the time being in force shall be deemed to apply to the arbitration proceeding under this clause. III. The venue of the arbitration proceeding shall be the office of the TDM Godhra or such other places as the arbitrator may decide. The following procedure shall be followed: a) In case parties are unable to reach a settlement by themselves, the dispute should be submitted or arbitration in accordance with contract agreement Signature of Tenderer