BHARAT SANCHAR NIGAM LIMITED

Transcription

1 BHARAT SANCHAR NIGAM LIMITED (A Government of India Enterprises) O/O GENERAL MANAGER TELECOM DISTRICT, SRINAGAR (GARHWAL) (UTTARAKHAND) TENDER DOCUMENT Tender for Comprehensive Annual Maintenance Contract in respect of Window and Split Type ACs of Srinagar (Gwl.) Telecom SSA NIT- No:-W-4/Tender/AMC-ACs/ / Dated at SG, 14 th Feb Name of work... Name & Address... of the bidder (This Tender Document Contains 17 Pages) (Gwl.) SDE (MM) O/o GMTD, Srinagar

2 TENDER DOCUMENT INDEX OF CONTENTS Sl. No. Subject Section Page 1- NIT Copy I 3 2- Preparation & submission of Bids II General terms & condition III Special terms & condition IV 9 5- Agreement Proforma V Contractor undertaking VI Financial Bid Proforma VII Performance Security Guarantee VIII (Bond form) 9- Near Relative Certificate (Annexure A) 17 SDE (MM) O/o GMTD, Srinagar (Gwl.) Signature of tenderer with Seal

3 BHARAT SANCHAR NIGAM LIMITED (A Government of India Enterprises) O/O GENERAL MANAGER TELECOM DISTRICT, SRINAGAR (GARHWAL) (UTTARAKHAND) NIT- No:-W-4/Tender/AMC-ACs/ / 2013 NOTICE INVIING TENDER Section - I Dated at SG, 14 th Feb. 1. The General Manager Telecom District, Srinagar (Gwl.), on behalf of BSNL invites Wax/PVC sealed Tenders in two parts (Part A Technical Bid & Part B Financial Bid) only from the reputed and experienced firms for Maintenance of Window and Split type AC of different make and types at approximately 54 locations in Srinagar (Gwl.) SSA. Description of work Estimated Cost EMD Period Annual Mtce. of Window & Split Type ACs in Srinagar (Gwl.) SSA 6,47,000/- 16,175/- One year 2 The Tender form can be obtained from SDE (MM) O/o GMTD, Srinagar (Gwl.) on any working day between 11:00 Hrs. to 16:00 Hrs. upto 06/03/2013 on submission of Cash/Demand Draft of Rs. 568/- ( % ST) (non-refundable) in favour of A.O. (Cash), BSNL, O/o GMTD, Srinagar (Gwl) issued from a Nationalized Bank and payable at Srinagar (Gwl). Tender document may also be downloaded from the website In this case the cost of tender document should invariably be submitted in the form of demand draft, issued in sale period along with the technical bid otherwise tender will not be entertained. Only original downloaded copy form will be accepted. 3 Eligibility:- (i) The bidder must have an experience in BSNL/DOT/MTNL of having successfully completed similar works of Air Conditioner repairing & maintenance during last 3 years ( , & ). The experience certificate should have been issued by JAG level officer:- (a) Three similar completed works each costing not less than the amount equal to 40% of the estimated cost. or (b) Two similar completed works each costing not less than an amount equal to 50% of the estimated cost. or (c) One similar completed work costing not less than the amount equal to 80% of the estimated cost. (ii) Attested copy of EPF registration certificate as per relevant rules of the required certificate is not enclosed proper representation given reasons should be enclosed with bid. (iii) Attested copy of PAN Card. (iv) Original Power of Attorney in case of person other then the tenderer has signed the tender document. (v) In case of Firm, the relevant documents regarding partnership/proprietorship. In case of sole proprietor, affidavit to the effect. (vi) Attested copy of Service Tax/Sale Tax registration applicable as per relevant rules. (vii) Tenderer declaration regarding not having blacklisted/debarred/ forfeited in BSNL/DOT/MTNL any where in India. Bidder has to submit an affidavit in original in support of the same at the time of submitting of tender otherwise tender is liable to be rejected 4 Tender documents are to be submitted in a sealed cover superscribed as Tender for AMC of ACs and should be addressed to AGM (CFA), O/o GMTD, C- DOT, Exch. Bldg, Srinagar (Gwl.). 5 A Demand Draft of Rs. 16,175/- (Rupees Sixteen Thousand One Hundred Seventy Five Only) drawn in favour of Accounts Officer (Cash) BSNL, O/o GMTD, Srinagar (Gwl.) towards Earnest Money Deposit should be enclosed with the complete tender documents. Tender without proper EMD is liable to be rejected. 6 The Tender will be received upto 07/03/2013 between 10:00 Hrs. to 14:00 Hrs. The technical bid (Part A) will be opened on 07/03/2013 at 15:00 Hrs. Tenders received late and without wax/pvc sealed will be rejected. The tenders will be opened in the presence of tenderers or their authorized representatives who may wish to be present on their expenses during opening of tenders. In case 07/03/2013 happens to be a holiday, the tender will be opened on the next working day. Financial bid (Part B) in r/o eligible bidders only will be opened on the specified date as conveyed to the tenderers by the GMTD, Srinagar (Gwl.). 7 Date of issue of Tender documents is upto 06/03/2013 between 11:00 Hrs. to 16:00 Hrs.

4 8 Last date of receipt of Tender is upto 07/03/2013 between 10:00 to 14:00 Hrs. 9 Date of opening of Technical Bids of tender is on 07/03/2013 at 15:00 Hrs. 10 The General Manager Telecom District Srinagar (Gwl.) reserve the right to reject any or all the tenders without assigning any reason what so ever. GMTD Srinagar (Gwl.)

5 Section II DETAILS REGARDING PREPARATION & SUBMISSION OF BIDS: - 1 Preparation of Bids:- (i) The BID shall contain two separate envelopes duly Wax/PVC sealed. One for Technical BID, which shall contain (a) EMD in accordance with the tender document (b) Experience as per NIT (c) Attested copy of EPF registration certificate (d) Attested copy of PAN Card (e) Original power of attorney in case of person other then the tenderer has signed the tender document (f) In case of Firm, the relevant documents regarding partnership/ proprietorship. In case of sole proprietor, affidavit to the effect (g) Attested copy of Service Tax/Sale Tax registration. (h) Tender document duly signed. The envelope of Financial bid shall contain only schedule of rates given by contractor only. Both the envelopes (Technical & Financial) shall be placed together in a big envelope superscribed with Tender for AMC for AC duly wax sealed. The inner and outer envelopes shall indicate the name and address of the bidder to enable the BID to return unopened, in case if it is declared invalid bid. (ii) Amendment of Bid Documents:- a At any time, prior to the date for submission of Bids, the BSNL may, for any reason, whether as its own initiative or in response to a clarification requested by prospective Bidder, modify the Bid Documents by amendments. b The amendments shall be notified in writing or by FAX to all prospective Bidders who have received the Bid Documents on the address intimated at the time of purchase of Bid Documents from the BSNL and these amendments will be binding on them. c In order to afford prospective Bidders reasonable time in which to take the amendments into account in preparing their bids, the BSNL may, at its discretion, extend the deadline for the submission of Bids suitably. (iii) Submission of Bids: a Bids must be submitted in the Tender box kept in the chamber of AGM (CFA), O/o GMTD, Srinagar (Gwl.) by 14:00 Hrs. upto 07/03/2013. b The BSNL may, at his discretion, extend the deadline for the submission of bids by amending the Bid Documents in accordance with the clause 1 (ii), in which case, all rights and obligations of the BSNL and bidders previously subject to the deadline will thereafter be subject to the deadline as extended. 2 The tender duly waxed/pvc sealed and super scribed Tender for AMC of ACs shall be put in the tender box kept in the chamber of AGM (CFA), O/o GMTD, C-DOT exchange building Srinagar (Gwl.). 3 Each tenderer has to deposit a sum of Rs. 16,175/- (Rupees Sixteen Thousand One Hundred Seventy Five Only) in the form of demand draft in favour of A.O. (Cash) BSNL O/o GMTD, Srinagar (Gwl.) as earnest money. At the time of agreement, the successful tenderer has to deposit 7.5% of estimated cost of tender as Security Deposit within 7 days of provisional acceptance of the rate in the form of Cash/DD/ BG payable to A.O. (Cash), BSNL, O/o GMTD, Srinagar (Gwl.). The BG should be issued by any Nationalized Bank and must be valid for 18 months. The 2.5% EMD will be converted into performance Security Deposit. Besides it, the following conditions shall also be applicable for forfeiture of bid security:- (i) If a bidder withdraws his bid during the period of bid validity specified by the bidder on the Bid form as per Clause 14 or (ii) In the case of a successful bidder, if the bidder fails: (a) To sign the contract in accordance with clause 7 or (b) To furnish performance security in accordance with clause 9. Signature of the Tenderer

6 4 Late bid shall be summarily rejected. 5 The BSNL may waive any minor infirmity or non-conformity or irregularity of a bid which does not constitute a material deviation, provided such waiver does not prejudice or affect the relative ranking of any bidder. 6 A maximum of one representatives for any bidder shall be authorized and permitted to attend the bid opening. 7 Signing of Contract: (i) The issue of LOI shall constitute the award of contract on the bidder. (ii) Upon the successful bidder furnishing of performance security pursuant to clause 9, the BSNL shall discharge its bid security pursuant to the same clause. 8 The agreement of contract can be terminated by the GMTD, Srinagar (Gwl.) at any time by giving one month s notice in writing to the contractor without assigning any reasons thereof and decision taken by the GMTD, Srinagar (Gwl.) shall be final. The BSNL shall not be responsible for any loss, damage etc. caused to the Contractor as a result of the termination of the contract. The BSNL shall be free to take due action for appointment of a new contractor during the period under notice or thereafter. 9 SECURITY DEPOSIT:- Total Security Deposit to be deposited by the contractor will be 10 % of the estimated cost of work. 2.5% EMD will be converted into security deposit, balance 7.5% may be deposited at the time of agreement in shape of Cash/DD/BG in favour of A.O. (Cash), O/o GMTD, Srinagar (Gwl.) payable at Srinagar (Gwl.). 10 In the event of work exceeds beyond the estimated cost for which SD have been deposited, the SD will be deducted from the tenderers bill at the rate of 10% from subsequent bills. 11 No interest will be payable on the earnest money or security deposit or the amount payable to the contractor under the contract. 12 The SD will be refunded after 6 months after the contract period has expired. 13 FORFEITURE OF PERFORMANCE SECURITY DEPOSIT/SECUTITY DEPOSIT: The same may be forfeited, if the successful tenderer fails to (a) comply with any of the terms and conditions of the tender/contract or fails to rectify the defects promptly during the AMC period along with non-compliance of the conditions as laid down in section II. 14 Period of validity of bids:- (i) Bid shall remain valid for 150 days after the date of bid opening. A bid valid for a short period shall be rejected by the BSNL as non-responsive. (ii) In exceptional circumstances, the BSNL 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. 15 The successful tenderer shall not sublet the said contract work to any other party. 16 The tender document also form a part of the agreement/contract. 17 The bidder on receipt of LOI will execute an agreement on a Non-Judicial Stamp of Rs. 100/- within 10 days. Signature of the Tenderer

7 Section - III GENERAL TERMS AND CONDITIONS 1 All the tenderers are advised to read carefully this tender document containing terms, conditions & specifications and should sign each page thereof as a token of having read all the terms & conditions and specifications of this tender and acceptance thereof. 2 Any attempt by tenderer to influence /convass directly or indirectly the authority, to whom he has to submitted the tender or the authority, who is competent finally to accept it, shall lead to rejection of such tender bid. 3 Tenders without prescribed E.M.D. shall summarily be rejected. 4 Late tenders, tender received after the specified time, will not be opened or considered. 5 The rate shall be quoted on the tender form in figures, as well as, in words on appropriate place i.e. in the schedule of rates and it should be inclusive of all taxes except Service Tax. 6 Any scoring or overwriting shall be treated as objectionable. Correction, if any, on the tender form must be initialed by the tenderer, otherwise the tender shall not be considered. 7 If, on check, any difference is found between the rates quoted in words and figures, then the rates quoted in words shall be considered. 8 If the rate/ rates of any item is not quoted by the tenderers, then their bid is liable for rejection. 9 DISCOUNT, if any, offered by the bidders shall not be considered. Bidders desiring to offer discount, shall quote clearly net rate taking all such factors like discount, freework, etc. into account. 10 No cognizance will be taken of any paper or letter submitted with the tender having its implied effect on the rates mentioned on the standards performa meant for rates or after the opening of tenders. 11 Conditional tenders, which propose any alteration in specified items or in the item schedules or which contain any other conditions of any sort, are liable to be rejected. 12 The items and quantities mentioned in scheduled of rates are liable to change without prior notice, as per the requirement of the department, keeping basic nature of the job. It is not necessary that all items mentioned in this schedule, need to be executed. 13 The accepted rates will be operative for a period of one year from the date of signing the contract. The GMTD, Srinagar (Gwl.) reserves the right to extend or reduce the period for further 3 months, if necessary or according to requirement from time to time. The accepted rates will be valid for the entire period of contract and no escalation will be allowed, on account of any reason, whatsoever. Signature of Tenderer

8 14 The department shall not be liable to pay any interest on Earnest money or security deposit from the approved tenderer. The department shall hold the right to forfeit the earnest money or the security deposit, in case tenderer fails to comply with terms and conditions set in the contract or in any subsequent agreement. In such circumstances, the right of the cancellation of the tender/ contract shall remain with the department 15 Award of work may be in part from time to time or at a time depending upon requirement of works and completion of departmental formalities and approvals. 16 The cost and quantum of work is approximate only. The GMTD, Srinagar (Gwl.) has the right to increase or decrease the quantum of work and the contractor will have no right to claim any compensation, even if the work is suspended or terminated in between due to any reason whatsoever. 17 If the contractor refuses to accept the work order for execution of any specified work, the GMTD, Srinagar (Gwl.) reserves the right to get the work done by other agencies even on higher rates and the difference of the cost will be deducted from the contractor s pending bills or security money, as the case may be. 18 The contractor shall be responsible for any accident and any hazard to the labour carrying out the work, compensation effected labour, if any, will be liabilities of the contractor. 19 The bidder must comply with the provisions of EPF & Misc. Provision Act, 1952 and employees Provident fund Scheme 1952 & ESI (if applicable) in respect of labourers/employees engaged by the bidder for carrying out works. The claim bill of contractor must accompany. A declaration from the bidder regarding compliance of the conditions of EPF Act, 1952 must be submitted along with the bid. 20 That the GMTD, Srinagar (Gwl.) shall be at liberty to terminate this contract at any time by giving one month notice in writing without assigning any reason whatsoever and GMTD, Srinagar (Gwl.) shall not be responsible for any loss or damage etc. as result of such termination of contract. 21 Disqualification clause:- The contractors which have been black listed by any unit of BSNL Uttaranchal Telecom Circle or BSNL corporate office are not eligible to bid in the said tender. Tenderers declaration regarding not having blacklisted debarred or security forfeited in BSNL/DOT/MTNL any where in India. Bidder will have to submit a affidavit in support of the same at the time of submitting tender otherwise tender shall be liable to be rejected. Signature of the Tenderer

9 22 The contractor has submitted the certificate that none of his /her such near relative is working in the units. i) 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) & 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). ii) The company or firm or any other person is not permitted to tender for works in BSNL Unit in which his near relative(s) is are posted. The unit is defined as SSA/ Circle/Chief Engineer/ Chief Archt./Corporate office for non executive employees and all SSA in a circle including circle office /Chief Eng./Chief Archt./Corporate office for executive employees (including those called as Gazetted officers at present. iii) The tenderer should give a certificate that none of his /her such near relative is working in the BSNL units as defined above where he is going to apply for tender/work (format of certificate at Annexure A). 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. 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 so noticed. The department will not pay any damages 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. 23 SPECIFICATION FOR ANNUAL MAINTENANCE CONTRACT OF AC UNITS PART-1 Scope of Maintenance The scope of work includes maintenance of complete WAC & Split AC UNITS on comprehensive basis i.e. no material to be supplied by the department. PART-II Maintenance schedule to be followed PART-II (A) Tasks to be performed monthly (which ever applicable) Check of air filter & clean them. Check of electrical connections. Check voltage stabilizer provided with AC unit (if applicable). Check for leakage of condition air. Check that fins are clean. Check the split AC control unit. Oiling & Greasing of ball bearings of blower motor. Check for tripping of compressor by thermostat. Check any combing is required in the fins at the back of unit. PART-II (B) Tasks to performed yearly Complete servicing of AC unit (one in monsoon & other in summer season) PART-II (C) Material All spares i/e. Refrigerant gas and all other consumable items required for maintaining the A/C units including switch gears, MCB etc within the scope of the contract and shall be supplied by the firm free of cost. Whenever compressor becomes faulty the same is to be replaced with new compressor. Replacement of faulty compressor shall be obtained from the original manufacturer/ authorized dealer. In case blower motor/condenser motor gets burnt the same is to be replaced by the firm with the new motor of similar approved make for which nothing extra shall be payable. Signature of the Tenderer

10 Section- IV SPECIAL TERMS AND CONDITIONS 1 The period of Contract shall be one year from the date of the agreement. 2 This contract is for Comprehensive Annual Maintenance Contract in respect of Window and Split type Air Conditioners installed in different exchanges at approximately 54 locations of Srinagar (Gwl.) SSA. 3. Before entering the contract, the ACs of the SSA will be jointly inspected by the concerned officer in-charge of BSNL and the contractor. During the joint inspection, the following things will be finalized: - (i) Different configurations of AC and its units including stabilizer. (ii) Serial nos. of AC and its units including stabilizer. (iii) Jointly signed AMC stickers will be put up on all the ACs. One copy of this data will be jointly signed and given to AGM (CFA), O/o GMTD, Srinagar (Gwl.). Cost of sticker will be borne by the contractor 4 (a) The AC will be repaired within 7 days of intimation to the contractor. (b) Working ACs has to be taken into AMC with in 7days of issue of work order. (c) If the contractor finds any difficulty in the repair of any particular AC, he may communicate his problem to the concerned SDE incharge, who may extend time for repairing by another 3 (Three) days i.e. total not exceeding 10 (Ten) days. 5 The decision of the concerned Sub Divisional Engineer, incharge of particular exchange, shall be final on the functional acceptability of the repaired AC. 6 Penalty Clause for Delays in the contractor s performance:- The contractor shall pay as penalty an amount equal to 5 percent of the monthly AMC amount per AC per day for one week. Delay for more than one week total AMC amount for one month will be forfeited in addition other action if required to be taken against contractor as per tender terms. 7 The monthly bill, duly verified by the concerned JTO/SDE and c/s by the DE be submitted for payment to SDE (MM), along with photocopy of logbook maintained by the contractor, after taking satisfactory remarks from the concerned officer-in-charge for payment. 8 Evaluation of Tender:- Tender will be evaluated as a whole. The rate quoted for each item will be multiplied by approximate quantity of ACs. and will be added to find respective position of bidder. Signature of the Tenderer

11 AGRREMENT Section-V This agreement made this.day of 2013 between GMTD, Srinagar (Gwl.) hereinafter called Bharat Sanchar Nigam Limited and M/s...,... hereinafter called the contractor. Wherein the BSNL is desirous of getting its Comprehensive Annual Maintenance Contract in respect of Window and Split Type AC of Srinagar (Gwl.) SSA from the contractor for a period of twelve months i.e.. w.e.f.... to...and the contractor has agreed to provide the same. Whereas, it has been decided to award the contract for Comprehensive Annual Maintenance Contract in respect of Window and Split Type AC to M/s... on the rates accepted as described in schedule vide appendix I Whereas, the contractor has deposited interest free Performance Security... Dated... of Rs.... (Rs......) issued by... valid upto... Now the agreement is entered into on the terms and conditions, which are detailed hereunder: 1 The period of Contract shall be one year from the date of the agreement. 2 This contract is for Comprehensive Annual Maintenance in respect of Window and Split type Air Conditioners installed in different exchanges at approximately 54 locations of Srinagar (Gwl.) SSA. 3. Before entering the contract, the ACs of the SSA will be jointly inspected by the concerned officer in-charge of BSNL and the contractor. During the joint inspection, the following things will be finalized: - (i) Different configurations of AC and its units including stabilizer. (iii) Serial nos. of AC and its units including stabilizer. (iii) Jointly signed AMC stickers will be put up on all the ACs One copy of this data will be jointly signed and given to AGM (CFA), O/o GMTD, Srinagar (Gwl.). Cost of sticker will be borne by the contractor 4 (a) The AC will be repaired within 7 days of intimation to the contractor. (b) If the contractor finds any difficulty in the repair of any particular AC, he may communicate his problem to the concerned SDE incharge, who may extend time for repairing by another 3 (Three) days i.e. total not exceeding 10 (Ten) days. 5 The decision of the concerned Sub Divisional Engineer, incharge of particular exchange, shall be final on the functional acceptability of the repaired AC. 6 If the AC is not repaired within period stipulated in Para 3(a) and 4(b), a penalty of Rs. 500/- (Rs. Five Hundred) only per day per AC, subject to of maximum Rs. 30,000/- (Rs. Thirty Thousand) only, will be imposed and the same will be deducted from the pending bills/ security of the contractor. 7 The ACs taken into AMC will be visited monthly by the contractor. AMC will cover the upkeep of stabilizers if installed. Also contractor has to visit extra if any fault occurs in the AC. The AC should not remain faulty for more than 3 days otherwise penalty of Rs. 500/- per day per AC subject to maximum of Rs. 30,000/- will be imposed and the same will be deducted from the pending bills/ security of the contractor. Signature of Tenderer

12 8 The monthly bill, duly verified by the concerned JTO/SDE and c/s by the DE be submitted for payment to SDE (MM), along with photocopy of logbook maintained by the contractor, after taking satisfactory remarks from the concerned officer-in-charge for payment. 9 The items and quantities mentioned in scheduled of rates mentioned in tender document are liable to change without prior notice, as per the requirement of the department, keeping basic nature of the job. It is not necessary that all items mentioned in this schedule, need to be executed. 10 The accepted rates will be operative for a period of one year from the date of signing the contract. The GMTD, Srinagar (Gwl.) reserves the right to extend or reduce the period, if necessary or according to requirement from time to time. The accepted rates will be valid for the entire period of contract and no escalation will be allowed, on account of any reason, whatsoever. 11 The department shall not be liable to pay any interest on Earnest money or security deposit from the approved tenderer. The department shall hold the right to forfeit the earnest money or the security deposit, in case tenderer fails to comply with terms and conditions set in the contract or in any subsequent agreement. In such circumstances, the right of the cancellation of the tender/ contract shall remain with the department 12 Award of work may be in part from time to time or at a time depending upon requirement of works and completion of departmental formalities and approvals. 13 The cost and quantum of work is approximate only. The GMTD, Srinagar (Gwl.) has the right to increase or decrease the quantum of work and the contractor will have no right to claim any compensation, even if the work is suspended or terminated in between due to any reason whatsoever. 14 If the contractor refuses to accept the work order for execution of any specified work, the GMTD, Srinagar (Gwl.) reserves the right to get the work done by other agencies with higher rates and the difference of the cost will be deducted from the contractor s pending bills or security money, as the case may be. 15 The contractor shall be responsible for any accident and any hazard to the labour carrying out the work, compensation effected labour, if any, will be liabilities of the contractor. 16 The contract shall be governed by labour laws as enforced time to time and shall fulfill all conditions as per rules. 17 The agreement of contract can be terminated by the GMTD, Srinagar (Gwl.) at any time by giving one month s notice in writing to the contractor without assigning any reasons thereof and decision taken by the GMTD, Srinagar (Gwl.) shall be final. The BSNL shall not be responsible for any loss, damage etc. caused to the Contractor as a result of the termination of the contract. The BSNL shall be free to take due action for appointment of a new contractor during the period under notice or thereafter. 18 SECURITY DEPOSIT:-The approved tenderer shall have to deposit a security amount of 7.5% of estimated cost in addition to EMD before signing of an agreement with the department. Failing to deposit the security amount within the specified period, the offer will be deemed to have been cancelled without assigning any reason or serving of notice. 19 In the event of work exceeds beyond the estimated cost for which SD have been deposited, the SD will be deducted from the tenderers bill at the rate of 10% from subsequent bills. 20 No interest will be payable on the earnest money or security deposit or the amount payable to the contractor under the contract. 21 The SD will be refunded after 6 months after the contract period has expired. Signature of Tenderer

13 22 FORFEIT OF PERFORMANCE SECURITY DEPOSIT: The security deposit may be forfeited, if the successful tenderer fails to (a) comply with any of the terms and conditions of the tender/contract or fails to rectify the defects promptly during the contract period along with non-compliance of the conditions as laid down in section II. 23 The Sales Tax, if any, as applicable will be deducted from the contractor s bill. 24 The Income Tax, as applicable, will be deducted from the contractor s bill. 25 Arbitration: - In respect of any dispute arising out in connection with the interpretation of any clause in the terms of contract / agreement or otherwise, the matter shall be referred for arbitration to the C.G.M.T., Uttaranchal Telecom Circle, Srinagar (Gwl.) who shall appoint an arbitrator to decide the case. The appointment of such arbitrator shall not be questioned by the contractor on the ground that the arbitrator belongs to BSNL. The provision of the arbitration & conciliation Act 1996 or any statutory modification or enactment there of and the rules thereunder and for the time being in force shall apply to the arbitration proceedings under this clause. Even during the arbitration, the work can not be stayed, because it pertains to the essential public utility services. The department reserves the right to get the work completed either departmentally or through any other contractor at the cost of the contractor. IN WITNESS WHEREOF, the parties present have herein below set their respective hands and seals, the day and year above written Signed Sealed and Delivered by the above named contractor in presence of Signed and Delivered on behalf of the Managing Director BSNL by the AGM (CFA), O/o GMTD, Srinagar (Gwl.) Witness:- Witness: Signature of Tenderer

14 SECTION- VI Contractor Undertaking 1 Name of the Tenderer :... 2 Address :... 3 Form No. :... 4 Tender Fee : Rs. 568/- (Rs. Five Hundred Sixty Eight Only) Receipt No. Date: 5 Earnest Money : D.D No. : Date: Amount : Name of issuing Bank : 6(i) (ii) (iii) (iv) If your firm is a proprietary firm state the name of the proprietor & attach the proprietary certificate. If your firm is a partnership firm furnish the partnership deed. Whether registered, if so, give particulars of the registrations. If your firm is Public/Private Ltd. Co. furnish the memorandum of articles 7 Details of any relative working in BSNL, if applicable. I/we certify that the particulars furnished above are true to the best of my/ our knowledge and belief. It is understood that if the information furnished is found to be incorrect then the tender can be rejected. I/we have read all the terms and conditions of the tender and accept the same. The following documents are enclosed with the tender documents duly attested by a Gazatted officer of the State/Central Govt. Signature of Tender with seal

15 Section VII Financial Bid No:- W-4/Tender/AMC-ACs/ / Dated at SG, 14 th Feb The Comprehensive Annual Maintenance Contract rate in respect of window and split type ACs in Srinagar (Gwl.) SSA. Schedule of Rates Sl. No. Name of Work Qty. 1. AMC for Split Type AC AMC for Windows type AC 78 Monthly Rate (In Rs.) per AC (Excluding Service Tax) In Figures In Words Note:- 1. The rate quoted is inclusive of all Taxes/expenses/levies/ octroi except Services Tax and no Rate revision shall be allowed during the period of the contract. 2. The rates quoted for maintenance of ACs will be on monthly basis. The rates quoted should be inclusive all taxes and insurance, if any, Except Services Tax which will be paid/ claimed as applicable. 3. Conditional tender will not be accepted. 4. Work can be given to more than one contractor as per BSNL interest & guideline. Seal Signature of the Bidder with Address

16 PERFORMA OF PERFORMANCE SECURITY DEPOSIT SECTION VIII Performance Security Deposit Exemption Bank Guarantee (on Non Judicial stamp paper of Rs. 100/-) The Managing Director, Acting through General Manager Telecom District, BSNL, Srinagar (Gwl.) 1 In consideration of the Managing Director acting through GMTD, BSNL Srinagar (Gwl.) (hereinafter called the beneficiary ) having agreed to exempt (Name and address of supplier) (hereinafter called The said Supplier ) from the demand under the terms and conditions of provisional Acceptance/Approval letter No dated.given by the beneficiary to the said supplier, for the Tender No dated.for supply of.... (hereinafter called the said tender terms ; of performance security deposit for the due fulfillment by the said supplier of the terms and conditions contained in the said tender terms on production of Bank guarantee for Rs..(in words Rs only); We..name and Address of Bank.., (hereinafter referred as the Bank ) at the request of supplier do hereby undertake to pay to the beneficiary an amount not exceeding Rs.. (In words.only) against any loss or damage caused to or suffered to or would be caused to or suffered by the beneficiary by reason of any breach by the said supplier of any of the terms and conditions contained in the said tender terms. 2 We,.Name & Address of Bank to hereby undertake to pay the amount due and payable under this guarantee without any demure, merely on a demand from the beneficiary stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the beneficiary by reason of any breach by the said supplier or any of the terms and conditions contained in the said Tender terms or by reason of the supplier failure to perform as per the said tender terms. Any such demand made on the band shall be conclusive as regards the amount due and payable by the bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs..(in words Rs only). 3 We, Name & Address of Bank..undertake to pay to the beneficiary any money so demanded notwithstanding any dispute or disputes raised by the supplier in any suit or proceeding pending before any court and tribunal relating thereto out liability under this present being absolute and unequivocal. The payment so made by us under this bond shall be valid discharge of our liability for payment there under and supplier shall have no claim against us for making such payment. 4 We,.Name & Address of Bank, further agreed that the guarantee herein contained will remain in full force and effect during the period that would be taken for the performance of said tender terms and that it shall continue to be enforceable till all the dues of the beneficiary under or by virtue of the said tender terms have been fully paid and its claim satisfied or discharged the guarantee. The demand if any for payment under the terms of this contract shall be made by the beneficiary within the said period of (date of expiry of warranty) only. The beneficiary may enforce the right pursuant to such demand in any court or tribunal in accordance of law. Signature of Tenderer with Seal

17 5 We.. Name & Address of Bank.., further agreed with the beneficiary that the beneficiary shall have the fullest liberty without our consent and without affecting in any manner our obligations here under to vary the terms and conditions of the said tender terms of to extend time of performance by the said supplier from time to time or to postpone for any time or time to time any of the powers exercisable by the beneficiary against the said supplier and to forbear or enforce any of the terms and condition relating to the said supplier of for any forbearance act or omission on the part of the beneficiary or any indulgence by the beneficiary to the said supplier or by the any such matter or thing whatsoever which under to the law relating to sureties would but for the provisions have effect of so relieving us. 6 This guarantee shall not be discharged due to the change in the constitution of the bank or of the said supplier. 7 We,.. Name & Address of Bank, lastly under take not to revoke this guarantee during its currency except with the previous consent of the beneficiary in writing. Dated:- Place:-.... Signature of Bank with Seal Signature of Tenderer with Seal

18 Annexure A **** CERTIFICATE ABOUT THE NEAR RELATIVES OF THE TENDERER **** This is to certify that, I, son of r/o hereby certify that none of my relative (s) as defined below: Members of a Hindu Undivided family. They are related as husband and wife. The one is related to the other in manner as father, mother, son(s), & Son s wife (daughter in-law), Daughter (s) & daughter s husband (son-in-law), brother(s) & brother s wife, sister(s) & sister s husband (brother-in-law). is /are employed in any BSNL/ Govt. unit. 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 tenderer with Seal, Name: Address : Contact Tele. No.:- Signature of Tenderer with Seal