BHARATH SANCHAR NIGAM LIMITED (A GOVERNMENT OF INDIA ENTERPRISE) TAMILNADU TELECOM CIRCLE- TENDER DOCUMENT

Transcription

1 1 BHARATH SANCHAR NIGAM LIMITED (A GOVERNMENT OF INDIA ENTERPRISE) TAMILNADU TELECOM CIRCLE- TENDER DOCUMENT Limited tender for SUPPLY OF LED monitors / Laser Printers for Vellore SSA for the year GENERAL MANAGER, BSNL,VELLORE

2 2 TABLE OF COTENTS SECTION CONTENT PAGE NO. I NOTICE INVITING TENDER 3 II INSTRUCTIONS TO TENDERERS 5 III CONDITIONS OF THE CONTRACT 10 IV SPECIFICATION 13 V AGREEMENT 14 VI NO RELATIVE CERTIFICATE 18 VII ANNEXURE A&B 19-20

3 3 SECTION I BHARAT SANCHAR NIGAM LIMITED (A Government of India Enterprise) OFFICE OF THE GENERAL MANAGER, BSNL, Vellore Telephone :AGM,(OP/MIS) ): SDE, (IT) : / NOTICE INVITING TENDER Tender for SUPPLY OF LED monitors / Laser Printers for Vellore SSA for the year NIT No:-TENDER/SUPPLY of LED monitors / Laser Printers for Vellore SSA for the year dt at Vellore the On behalf of the Chief General Manager, BSNL, Chennai , wax sealed Limited tenders are hereby invited by the General Manager, BSNL, Vellore from the registered Indian companies / Authorised Dealers who are manufacturing the tendered items for Limited tender for SUPPLY OF LED monitors / Laser Printers for Vellore SSA for the year The details of tentative requirement of various capacities are given below:- Sl. No Name of the Item 1 Dell 19 LED monitor 2 HP laserjet printer Requirement of Items 20-nos 10-nos Total Estimated Cost Rs.1,20,000/- Rs.5,000/- in Rs.525/- Rs.2,00,000/- Rs.80,000/- EMD Amount in Rs Cost of Tender Document Tender Value 3 The date for sale of tender document and submission are given below: Period of sale of Tender Document : Upto 12.30Hrs of Last Date & time for submission of Tender : Hrs of Due Date time for Opening of Tender : 15:30 Hrs of Cost of Tender document : Rs 525/- 4. Interested tenderers may purchase the tender document from the O/o Assistant General Manager (OP/MIS), No.1, Infantry Road,Opp to Alankar Theatre, Vellore by submitting DD for Rs. 525/- ( Rupees Five Hundred and Twenty Five Only) drawn in favour of Accounts Officer (Cash), O/o.GM,BSNL,Vellore -1 between hours and hours in any working day. EMD is to be submitted in the same manner only. 5. The General Manager, BSNL, Vellore reserves the right to award the work to one or more contractors, reject any tender without specifying any reasons and to terminate the contract at any time. The General Manager, BSNL, Vellore, also reserves the right to award the work on nomination basis if it is found required in the interest of BSNL. The party should not add / alter any clause of the conditions to the tender. GENERAL MANAGER BSNL, Vellore-1.

4 4 SECTION II INSTRUCTIONS AND GUIDELINES TO TENDERERS 1. The tenderers must carefully read all the terms and specifications before filling up the tender schedule and their quotations. 2 The quantity shown is only indicative. The purchaser reserves the right to increase or decrease the quantity by 50% from that specified in the schedule of requirements without any change in unit price of the offered quantity or other terms and conditions at the time of award of contract, as per the requirement. It is only the rate approval and purchase will be made on need basis throughout the tender period. 3. Any clarification regarding the supply can be had from the Asst.General Manager ( OP/MIS), No.1, Infantry Road, Opp. Alankar Theatre, Vellore-1 upto 3 days prior to the date which is specified for opening of the tender. 4. DELIVERY : Delivery of the SUPPLY OF LED monitors / Laser Printers should be made within a time of Fifteen days from the date of issuing the purchase order. The delivery will be at concerned Field Units in Vellore SSA. 5. Authenticated copy of Partnership Deed, in case of Partnership firm and Power of Attorney to the representative of the firm to operate the tender shall be submitted before making agreement. 6. Tenders shall be submitted in the prescribed forms placed in sealed covers and superscribed Tender for SUPPLY OF LED monitors / Laser Printers.(Name of the item to be specified ). 8 Tenders received in covers which are not Wax sealed / not properly sealed will be rejected. 9 Submission of Bid: Tenders are to be sent to Smt. V.Geethabai, AGM ( OP/MIS), O/o GM, BSNL, No.1, Infantry Road, Opp. To Alankar Theatere, Velore by Registered Post before the closing (15.00 hrs on ) of tender as mentioned in NIT or dropped in person in the tender box placed in the Office of the AGM ( OP/MIS), O/o GM BSNL, No.1, Infantry Road, Opp. To Alankar Theatre, Vellore The tenderer is to ensure the delivery of the bids at the correct address. The BSNL shall not be held responsible for delivery of bid to the wrong address. The slit of the tender box will be sealed immediately by Hrs on the day of opening of the tender. Any tender presented in person after the sealing of Tender box will not be received by the GM, BSNL, Vellore or by any of the subordinates, or will not be allowed to be deposited in the tender box. Tender document could be purchased by paying cost of bid document Rs 525/- in cash or D/D drawn in favour of Accounts Officer (Cash), O/o GM, BSNL, VELLORE payable at Vellore. The tenderer has to attach a DD for EMD prescribed along with the tender application drawn in any nationalized / scheduled Bank drawn in favour of Accounts Officer(Cash), O/o GM, BSNL, Vellore payable at Vellore. 10. METHOD OF PREPARATION OF BID: Follow the instructions below for the method of preparation of Bid. 11. Tenders shall be submitted to the Asst. General Manager (OP/MIS) in the prescribed forms.

5 5 11.a- The cover should be sealed and waxed and it should be superscirbed Tender for SUPPLY OF LED monitors / Laser Printers,(Name of the item to be specified ). Unsealed cover will liable to be rejected. The full name and addresses of the Tenderer shall be written on the bottom left hand side corner of the sealed cover. cover should strictly be Wax sealed. The address given merely as a post box number shall not be entertained. 11.b Tenders shall be submitted to the Asst. General Manager (OP/MIS) in the prescribed forms. 12. EVALUATION AND COMPARISION OF SUBSTANTIALLY RESPONSIVE BIDS : 12(a). The evaluation will be done on Net Price, for each item separately. The quoted rate will include the basic rates, transportation cost, loading, unloading, various taxes, etc. The split up may be shown as Basic rate + others including taxes with details like ED, ST etc which should be specified. Form C will be given where concessional taxes are applicable. The bidders may get details of all taxes including VAT, Entry, Octroi etc., if applicable and may quote accordingly. The evaluation and comparison of responsive bids shall be on the rates offered and indicated in the bid of the bid documents. 13.The tenderer will be bound by all terms, conditions and specifications as detailed in his Tender Documents 14. If the date of opening of the tender specified in the Notice Inviting Tender happens to be a holiday due to any reason, the tender will be opened on the immediate succeeding working day at the same time as specified in the Notice Inviting Tender, without any more notices. 15. Tender without requisite EMD will not be considered. 16. This security deposit is payable by crossed Demand Draft obtained from any Nationalised /Schedule Bank drawn in favour of the Accounts Officer (Cash), O/ o G.M., BSNL, Vellore-1. The Security Deposit can also be given in the form of Bank Guarantee obtained from a Nationalised /Scheduled Bank. If it is in the form of Bank Guarantee it should be for a period of 30(Thirty)months. 17. BSNL reserves the right to place supply order to any extent on any other contractor. 18. The rates quoted should be in figures and words. Any corrections / overwriting should be attested by a full. If rates quoted in figures and words are different, rates in words will be taken for consideration 19. Ambiguity in rates of items will make the tender invalid. The tenderer should quote his rate inclusive of VAT and the rates should be quoted inclusive of transportation and handling charges also. Erasures, over-writing and unattested corrections will render the tender liable for rejection 20. PURCHASER S RIGHT TO ACCEPT OR REJECT ANY OR ALL BIDS. The General Manager, BSNL, Vellore 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 purchaser s action. The undersigned reserves the right to accept any tender and to place order for supply of the item to the same party or different parties. 21. The tender of the tenderer who attempts canvassing in any manner will be summarily rejected. Any attempt for negotiations direct or indirect on the part of the tenderer with the authority to whom he has submitted the tenders the authority who is competent finally to accept it, after he has submitted his tender offer or any endeavor to secure any interest for an actual or prospective tenderer will render the tender liable to exclusion from consideration.

6 6 22. This contract shall be valid for one year from the date of agreement. However the period may be extended if necessary for another Six months 23. EMD / SD / AGREEMENT An EMD of Rs.5000/- ( Rupees five thousand only) should be paid and enclosed with the Tender offer. The EMD can be paid in cash at the cash counter of the office of GM, BSNL, Vellore 1 on all working days between 1000 hrs and 1500 hrs. EMD can also be deposited in the form of an Account Payee Crossed Demand Draft obtained from any Nationalised / Scheduled Bank, drawn in favour of Accounts Officer ( Cash), O/o the General Manager, BSNL, Vellore-1 payable at Vellore. Either the Demand Draft for the EMD amount or the receipt obtained for cash payment of EMD in original should be attached to the Tender Offer. No other mode of payment for EMD will be accepted. The tender received without cash receipt of EMD or DD is liable to be rejected. 24. The EMD will not carry any interest while it is in the custody of BSNL. 25. EMD submitted with the tender will be retained as part of the security in case of the successful tenderer. 26. On payment of prescribed security deposit by the successful tenderer and on their signing the required agreement etc., the EMD paid by other unsuccessful tenderers will be refunded. The EMD of other unsuccessful tenderers will be refunded within a reasonable time after a final decision of tenders. 27. The successful tenderer should deposit the security deposit after deducting the EMD amount as mentioned in Section - I above so that the total security deposit is 10% of the tendered amount. Security Deposit may be accepted in the form of Bank guarantee also on any Nationalised bank. If it is in the form of Bank Guarantee it should be for a period of 30 (Thirty Months). 28. The Security Deposit will not carry any interest while it is in the custody of BSNL. 29. The balance amount of security deposit as mentioned in clause 27 above should be paid within one week from the date of letter of Intent conveying the approval, and the successful tenderer should execute an agreement on non judicial stamped paper (the cost of the stamp paper is to be borne by the contractor) value of Rs.100/- (Rupees hundred only) in the prescribed form to the effect that the Contractor and the BSNL are bound by the terms and conditions of the agreement which in turn will be the same terms and conditions mentioned in the tender document, failing which the tender approval will be revoked and the EMD already paid will be forfeited to BSNL account. 30. No clause or condition should be added or altered in the tender form/agreement form and if any clause is found to have been added or altered the tender will be rejected. Submission of tender will bind the tenderer to the acceptance of all conditions specified in the agreement. 31. Any tender with new conditions of the tenderers other than those specified in the tender document is liable to be summarily rejected. 32. No modification by the contractor of any of the conditions will be permitted after the tender is opened. 33. LATE BID 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 prime responsibility of the tenderer to ensure timely submission of the tender. 34. The tenderer should sign all the pages of the tender schedule.

7 7 35. Representatives of the tenderers should produce letter of authority for attending the tender opening. 36. BID form The tenderer should quote his rate in the tender bid form. The rate quoted must be inclusive of all taxes and charges like excise duty, cess, VAT, packing forwarding charges, freight and insurance, transport and handling charges to the place mentioned in the tender etc. The tender will be approved inclusive of all taxes. However, while raising the bill, the excise duty paid must be shown separately and proof of payment of excise duty must be furnished. 37. The price quoted by the bidder shall remain fixed during entire period of contract and shall not be subject to variation on any account. A bid submitted with an adjustable price quotation will be treated as non-responsive bids. 38.Suppliers who have near relatives working as Gazetted Officers/ Officials in Vellore- SSA., or in the Subordinate officer thereto are not permitted to participate in the tender. The bidder should give a certificate in the form attached to the tender documents. 1. PURCHASER S RIGHT TO VARY QUANTITIES SECTION III CONDITIONS OF THE CONTRACT a)the purchaser reserves the right to increase or decrease the quantity by 50% from that specified in the schedule of requirements without any change in unit price of the offered quantity or other terms and conditions at the time of award of contract, as per the requirement. b) In exceptional situation where the requirement is of an emergent nature and it is necessary to ensure continued supplies from the existing vendors, the purchaser reserves right to place purchase order up to 50% of the quantities of goods and services contained in the running tender/contract within a period of 12 months from the earliest date of acceptance of APO at the same rate or a rate negotiated (downwardly) with the existing vendors considering the reasonability of rates based on prevailing market conditions and the impact of reduction in duties and taxes etc. 2. PERIOD OF VALIDITY OF BIDS Bid shall remain valid for 180 days from the date of opening of bids prescribed by the purchaser. A bid valid for a shorter period shall be rejected by the purchaser being non-responsive. 3. TERMINATION a) The agreement contract may be terminated by BSNL at any time by giving one month notice in writing, without assigning any reason thereof and the decision to terminate shall be final. b)the General Manager, BSNL,Vellore shall not be responsible for any loss, damage etc. incurred to the party as a result of termination of the contract. BSNL shall be free to take due action for appointment of a new person / firm during the period under notice or thereafter.

8 8 4. VALIDITY OF THE CONTRACT The rates quoted should be firm and valid for any supply order that may be issued within a period of one year from the date of entering into agreement. However it is further extendable for further period of three months or till a fresh tender is finalised whichever is earlier 5. SUPPLY OF MATERIALS The materials supplied shall be strictly as per the specifications annexed herein. 6. WARRANTY 6.1. The contractor agrees that the LED monitors and Laser Printers shall be guaranteed for proper functioning for warranty period (3-years) from the date of installation and acceptance to the satisfaction of the purchaser. In case any defect is noticed within this period, the defective batteries shall have to be replaced by the contractor within one week from the date of written notice to this effect by the purchaser or any person authorized on his behalf, at no additional cost to the purchaser The contractor also agrees to warrant that all the LED monitors and Laser Printers to be supplied shall be new and free from all defects and faults in materials, workmanship and manufacture and shall be of the highest grade and consistent with the established and generally accepted standards for materials of the type ordered and shall perform in full conformity with the specifications The contractor agrees to take responsibility for any defect that may develop due to faulty materials design and / or workmanship in the LED monitors/laser Printers and shall rectify such defect at his own cost when called upon to do so by the purchaser who shall state in writing in what respect the LED monitors/laser Printers are faulty. This warranty shall be in force from the date of acceptance of the installed LED monitors / Laser Printers and shall expire (except in respect of complaints notified prior to warranty period. If it becomes necessary for the contractor to replace or renew any defective portion / portions of the LED monitors/laser Printers under this clause, the provision of this clause shall apply to that portion/portion of the LED monitors/laser Printers so replaced or renewed until the expiry of warranty period If any defects are not rectified within a reasonable time, the purchaser, may proceed to do the work at the contractors' risk and expense but without prejudice to any other rights which the purchaser may have against the contractor in respect of such defects 6.5. Replacement under warranty clause shall be made by the contractor free of all charges, at site, including freight, insurance and other incidental charges. 6.6 During the warranty period if the maintenance is not carried out satisfactorily, the same will be carried out by a third party and the payment made to them will be charged to the contractor. 7. QUOTING THE RATES :- The supplier shall familiarize himself with the various taxes that are applicable like CST/ KVAT/ Entry Tax/ Octroi etc., All taxes that are applicable shall be paid by the supplier. Sales Tax or any other taxes in respect of the contract shall be payable by the contractor and BSNL will not entertain any claim whatsoever in this respect. The rate quoted shall be inclusive of all taxes, transportation, handling, etc., for delivery at the specified consignee address as mentioned in the Purchase Order. The rate quoted shall be all inclusive, as required in the Financial Bid sheet. However the basic unit price and all other components of the price need to be individually indicated against the goods it proposes to supply under the contract. Sales tax shall be charged at concessional rates for which Form C will be issued. Details of any tax paid on our account (BSNL), though not eligible for reimbursement, shall be attached along with the invoice/ bills. The split up may be shown as Basic rate + others including taxes which should be specified. Form C will be given where concessional taxes are applicable. The bidders may get details of all taxes including VAT,Entry,Octroi etc,,if applicable and may quote accordingly.

9 9 8. Conditional tender such as with a mention that Increase in market rate or taxes or duties of manufacturers, rates etc., will be charged extra will stand disqualified and will not be accepted. 9. The tender having conditions that The rates are valid upto particular period / date and thereafter subject to confirmation etc. will also stand disqualified and will not be accepted. 10. The tender document is not exchangeable. 11. Acceptance of the tender is not a guarantee that the entire quantity will be ordered for supply on the approved tenderer only. 12. The successful tenderer should bring a sample of SUPPLY OF LED monitors / Laser Printers, at the time of Negotiation/Evaluation. 13. The supplies against this tender shall consistently be of the highest quality, meeting the specifications. 14. Earnest Money Deposit and / or Security Deposit is liable to be forfeited to BSNL, if the tenderer, a) withdraws tender before / after finalisation of the same. b) Fails to accept the tender offer if his / their tender is accepted, by paying remaining portion of security deposit within the stipulated time limit. C) Fails to execute agreement in the prescribed proforma within the stipulated time limit. d) Fails to supply the sample(s) when called for. e) Fails to supply full quantity of materials ordered 15. No cheque will be accepted. The receipt obtained for the deposit of EMD in cash should be attached to the tender and the tender received without cash receipt of EMD or DD is liable to be rejected. EMD will be refunded in the case of unsuccessful tenderer towards the advanced stamped receipt to be enclosed with the tender in the format in Annexure-A. 16. LIQUIDATED DAMAGES The period of delivery stipulated in the schedule shall be deemed to be the essence of the contract and delivery must be completed as required. Failure to supply the items within the stipulated delivery date may involve levy of liquidated damages at the rate of 0.5% value of the delayed supply for each week of delay or part thereof for a period upto 10 weeks and 0.7% of the value of the delayed supply for each week of delay or part thereof for another 10 weeks of delay subject to a maximum of 12%(Twelve percent) of the total basic value of the order of the Supply of SUPPLY OF LED monitors / Laser Printers. In such case, it will also be open to the BSNL to go in for purchase of the materials from any other sources and the excess amount paid to other parties, if any, will be deducted from the security deposits or from whatsoever sources available to the Government including bills of the tenderer pending for payment. 17. In case BSNL needs the materials urgently and it cannot be supplied by the successful tenderer, within the time frame dictated by the BSNL, BSNL reserves the right to place orders on other manufacturers at the lowest accepted rate approved for this tender. 18. If the quality of the goods supplied is not satisfactory, the supplies will be rejected and the rejected materials should be carried back by the supplier at his / their cost.

10 If the materials used by the manufacturer for producing the items is defective or of inferior quality, the Assistant General Manager (OP/MIS), Vellore may without prejudice, has the right to ask for replacement of such material at his/ their cost. 20. The bills shall be submitted within one month after successful completion of the delivery of items against the work order along with delivery challan for proof of dispatch for making payment by cheque. The cheque will be sent to his address mentioned in the tender by Registered Post only 21. PAYMENT TERMS Payment of 100% of the price shall be made on receipt of goods by consignee subject to other terms and condition. 22. In the case of any dispute arising out of the execution of the works and settlements of the claims of the contractor, the decision of the GM BSNL, Vellore shall be final and binding. 23. RTGS CLAUSE : In cities / areas where ECS / EFT facility is provided by Banks, the bidder must have Account in such ECS / SFT facility providing Banks and that Bank A/C number shall be quoted in the bids by the bidder. The cost of ECS /SFT will be borne by BSNL in all cases where the payment to contractor / supplier is made in a local branch i.e. bidder is having bank account in the same place from where the payment is made by BSNL unit. In case payment is made to outside branch i.e bidder is having bank account not in the same place from where the payment is made by BSNL unit, the crediting cost will have to be borne by the bidder / recipient only. 24. Suspension of supplies within schedule/ extended delivery period by the supplier is liable for forfeiture of SD wholly or partly as the case may be and AGM (OP/MIS) at his discretion, shall order purchase of balance quantity or ordered quantity at the risk of the supplier and or with imposition of general damages as deemed fit. 25. DELAYS IN THE SUPPLIER S PERFORMANCE a) Delivery of the Goods and performance of the services shall be made by the Supplier in accordance with the time schedule specified by the purchaser in its purchase order. In case the supply is not completed in the stipulated delivery period, as indicated in the Purchase Order, purchaser reserves the right either to short close /cancel this purchase order and/or recover liquidated damage charges. The cancellation/short closing of the order shall be at the risk and responsibility of the supplier and purchaser reserves the right to purchase balance unsupplied item at the risk and cost of the defaulting vendors. b) Delay by the Supplier in the performance of its delivery obligations shall render the Supplier 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. c) If at any time during the performance of the contract, the supplier encounters condition impending timely delivery of the goods and performance of service, the Supplier shall promptly notify to the Purchaser in writing the fact of the delay, its likely duration and its cause(s). As soon as practicable after receipt of the supplier s notice, the Purchaser shall evaluate the situation and may at its discretion extend the period for performance of the contract (by not more than 20 weeks) subject to furnishing of additional performance security by the 5% of the total value of the Purchase Order. [Hint: Each case of delivery extension shall have to be examined a fresh vis-à-vis the prevailing market prices] d) If the supplies are not completed in the extended delivery period, the purchase order shall be shortclosed and both the Performance securities shall be forfeited.

11 TERMINATION FOR DEFAULT The Purchaser may, without prejudice to any other remedy for breach of contract, by written notice of default, sent to the supplier, terminate this contract in whole or in part If the supplier fails to deliver any or all of the goods within the time period(s) specified in the contract, or any extension thereof granted by the purchaser pursuant to clause If the supplier fails to perform any other obligation(s) under the Contract; and the supplier, in if either of the above circumstances, does not remedy his failure within a period of 15 days (or such longer period as the purchaser may authorize in writing) after receipt of the de fault notice from the purchaser In the event the purchaser terminates the contract in whole or in part pursuant to para 26.1 the purchaser may procure, upon such terms and in such manner as it deems appropriate, goods similar to those undelivered and the supplier shall be liable to the Purchaser for any excess cost for such similar goods. However the supplier shall continue the performance of the contract to the extent not terminated. 27. TERMINATION FOR INSOLVENCY The Purchaser may at any time terminate the Contract by giving written notice to the Supplier, without compensation to the supplier. If the supplier becomes bankrupt or otherwise insolvent as declared by the competent court provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the purchaser. 28. FORCE MAJEURE a) If at any time, during the continuance of this contract, the performance in whole or in part, by either party, of any obligation under this contract shall be prevented or delayed by reasons beyond control- Force-majeure, neither party shall, by reasons of such events, be entitled to terminate this contractor shall either party have any claim for damages against the other in respect of such non-performance or delay in performance. b) The Force-majeure reasons shall include war, or hostilities, or acts of a public enemy, or civil commotion, or sabotage, or fire, or floods, or explosion, or epidemics, or quarantine restrictions, or strikes, or lock-outs or acts of GOD. c) Provided such Force-majeure provision shall apply only if notice of happening of any such eventuality is given by either party to the other within 21 days from the date of occurrence thereof, and d) Provided deliveries under the contract that were interrupted under the Forcemajeure events are resumed as soon as practicable after such events come to an end or cease to exist, and the decision of the purchaser as to whether the deliveries have been so resumed or not, shall be final and conclusive, and. e) Provided further that if the performance in whole or part of any obligation under this contract is prevented or delayed by reasons for any such event for a period exceeding 60 days, either part may at his option terminate the contract. f) Provided also that if the contract is terminated under this clause, the purchaser shall be at liberty to take over from the contractor, at a price to be fixed by the BSNL which shall be final, all unused, undamaged and acceptable materials, bought-out components and stores in the course of manufacture in the possession of the contractor which the purchaser may elect to retain.

12 DISPUTES/ ARBITRATION a) In the event of any question, dispute or difference arising under this agreement or in connection therewith (except as to matters, the decision of which is specifically provided under this agreement), the same shall be referred to the sole arbitration of the General Manager, BSNL, Vellore or any person/persons nominated by him b) There will be no objection to any such appointment on the plea that the arbitrator is a Government Servant, or that the arbitrator has to deal with the matters to which this Agreement relates, or that in the course of his duties as Government Servant, the arbitrator has expressed views on all or any of the matters in disputes or in difference. c) The award of the Arbitrator shall be final and binding on both the parties. It is a term of the agreement that in the event of such Arbitrator to whom the matter is originally refer to, being transferred or vacating his office or being unable to act for any reason whatsoever the General Manager, BSNL, Vellore shall appoint another person to act as Arbitrator in place of outgoing Arbitrator in accordance with the terms of this Agreement and the person so appointed shall be entitled to proceed with the reference from the stage at which it was left out by his predecessor. d) The arbitrator may, from time to time with the consent of both the parties enlarge the time for making and publishing the award e) Subject to the aforesaid, Indian Arbitration and Conciliation Act,1996 and the rules made there under and any modifications thereof for the time-being in force, shall be deemed to apply to the Arbitration proceeding under this clause. f) Upon every and any reference as aforesaid, the assessment of cost and of incidental expenses in the proceedings for the award shall be in the discretion of the Arbitrator. The venue of the arbitration proceedings shall be the place of the arbitrator with the approval of the General Manager, BSNL, Vellore may determine. In case of legal proceedings also, the venue will be only at vellore. 30. 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 purchaser or the BSNL or any other person(s) contracting through the BSNL and set off the same against any claim of the Purchaser or BSNL or such other person or person(s) for payment of a sum of money arising out of this contract or under any other contract made by the supplier with the Purchaser or BSNL or such other person(s) contracting through the BSNL. 31. If the successful tenderer fails to abide by any of the above conditions or if the articles supplied are found to be defective, the contract will be cancelled and the security deposit will be forfeited to the BSNL 32. PO will be placed as and when on need basis.the supplier must note that the supply order will be spread out during the entire tender period.

13 13 SECTION-IV SPECIFICATION FOR Dell 19 LED monitor and HP Laser Printer S.no Specification of items No of Quantity 1 Dell 19 LED monitor Resolution-1280X1024@75Mhz or above /viewable area-19 /color-16million or above/0.255mm 20 nos 2 HP laser Printer Print speed 14 A4 pages per minute (ppm), 15 letter-size ppm First page out in as low as 10 seconds Print resolution 600 x 600 dpi with HP Resolution Enhancement technology (REt).1200 dpi effective output quality (600 x 600 x 2 dpi with HP Resolution Enhancement technology (REt)). Duty cycle 8,000 single-sided pages per month (maximum) 1,000 single-sided pages per month (average) 10 nos

14 14 SECTION V AGREEMENT 1 PREAMBLE 1.1. This deed of agreement is made on this day of... month...year... between the General Manager (G.M),Telecom in charge of Vellore SSA (Vellore Telecom District of the Bharat Sanchar Nigam Limited,(BSNL) (hereinafter called the purchaser",which expression shall, unless excluded by or repugnant to context, include his successors and assignees or any other officer nominated by him or by the Chief General Manager Telecom(C.G.M.), Tamil Nadu Telecom circle, Chennai) of the first part, and M/s represented by having the registered office at,hereinafter called the "Contractor" or "Successful tenderer / Vendor"(which expression shall, wherever the context so admits, include their successors and assignees also) of the second part This deed of Agreement witnesses as follows : The purchaser is desirous to purchase of SUPPLY OF LED monitors / Laser Printers for the use of Vellore SSA. The contractor has agreed to SUPPLY of SUPPLY OF LED monitors / Laser Printers on the terms and conditions of the tender notification bearing Ref.No:... dated..., mutatis mutandis, and the conditions hereinafter contained in this Agreement, at the rates mentioned in the purchase order. 2.SCOPE OF THE AGREEMENT The contractor agrees to supply the SUPPLY OF LED monitors / Laser Printers at the approved rate given below and as per valid supply order from the purchaser with in the period of Fifteen days to the satisfaction of the purchaser. 3. SCOPE OF THE CONTRACT Supply of SUPPLY OF LED monitors / Laser Printers shall consistently be of the highest quality, meeting the specifications in the NIT 4. SECURITY DEPOSIT The contractor has deposited Rs...../- (Rupees...) as security Deposit, This includes the EMD amount Rs. /- as per following stipulations: The security Deposit shall be deposited in cash or in the form of Bank guarantee which shall be kept in the custody of the purchaser. The Security Deposit does not carry any interest. The Security Deposit will be refunded by the purchaser after completion of warranty period of 3 years and after deducting the penalties, losses and damages if any. 5. WARRANTY 5.1. The contractor agrees that the SUPPLY OF LED monitors / Laser Printers shall be guaranteed for proper functioning for three(3) years from the date of installation and acceptance to the satisfaction of the purchaser. In case any defect is noticed within this period, the defective batteries shall have to be replaced by the contractor within one week from the date of written notice to this effect by the purchaser or any person authorized on his behalf, at no additional cost to the purchaser The contractor also agrees to warrant that all SUPPLY OF LED monitors / Laser Printers to be supplied shall be new and free from all defects and faults in materials, workmanship and manufacture and shall be of the highest grade and consistent with the established and generally accepted standards for materials of the type ordered and shall perform in full conformity with the specifications.

15 The contractor agrees to take responsibility for any defect that may develop due to faulty materials design and / or workmanship in the LED monitors / Laser Printers and shall rectify such defect at his own cost when called upon to do so by the purchaser who shall state in writing in what respect the LED monitors / Laser Printers are faulty. This warranty shall be in force from the date of acceptance of the installed LED monitors / Laser Printers. If it becomes necessary for the contractor to replace or renew any defective portion / portions of the Supply of LED monitors / Laser Printers under this clause, the provision of this clause shall apply to that portion/portion of the replaced or renewed until the expiry warranty period If any defects are not rectified within a reasonable time, the purchaser, may proceed to do the work at the contractors' risk and expense but without prejudice to any other rights which the purchaser may have against the contractor in respect of such defects 5.5. Replacement under warranty clause shall be made by the contractor free of all charges, at site, including freight, insurance and other incidental charges. 5.6 During the warranty period if the maintenance is not carried out satisfactorily, the same will be carried out by a third party and the payment made to them will be charged to the contractor. 6. DELIVERY AND IMPLEMENTATION SCHEDULE. 6.1 The contractor agrees to supply of LED monitors / Laser Printers ordered by the purchaser within Fifteen days from the date of issuing purchase order from the purchaser. The purchaser reserves all rights for the grant of extension of time limit for the supply. 6.2.The Supply of LED monitors / Laser Printers will be installed by the contractor in the premises indicated by the purchaser to the complete satisfaction of the purchaser within Fifteen days from the date of purchase order. 7. PRICES. 7.1 A) Prices charged by the Supplier for Goods delivered under the Contract shall not be higher from the prices quoted B) in case of revision of Statutory Levies / Taxes during the finalization period of the tender the Purchaser reserves the right to ask for reduction of prices A) Prices once fixed will remain valid for the entire period of contract. B)Any advantage of reduction of tax / duty would be passed on to the purchaser and no benefit of increase in price will be permitted to the supplier if there is any change in tax / duty. 8. PAYMENT TERMS 100% payment will be made on receipt of stores. Invoice must be submitted along with delivery challan with acquittance of receiving officers signatures. 9. VALIDITY OF THE AGREEMENT The validity of this tender period is for six months from the date of signing the agreement. This agreement shall be deemed to be in force till the warranty period is completed to the satisfaction of the purchaser, or till issues arising out of implementing the conditions contained in this Agreement are totally solved, whichever is later.

16 TERMINATION The Purchaser may at any time terminate the Contract by giving written notice to the Supplier, without compensation to supplier, if the Supplier 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 the Purchaser The contract may be terminated by the purchaser at any time by giving one month's notice in writing to the Contractor without assigning any reasons thereof and the decision to so terminate shall be final. The purchaser shall not be responsible for any loss, damage etc, incurred to the Contractor as a result of the termination of the contract. The purchaser shall be free to take due action for appointment of a new contractor during the period under notice or thereafter. 11. INDEMNITY The Contractor agrees to bear,at his own cost and risk, any loss sustained to the purchaser due to any fault, error or any other defect in the tools. 12. PENALTIES The contractor agrees that if he fails to deliver the SUPPLY OF LED monitors / Laser Printers or any part of the consignment thereof within the period prescribed for delivery, the purchaser shall be entitled to recover 0.5% ( half-a percent) of pro-rata value of delayed supplies per week of delay or part thereof for Ten weeks and 0.7%(Zero point Seven percent) for another ten weeks subject to a maximum of 12% (Twelve percent) of the total basic value of the order of SUPPLY OF LED monitors / Laser Printers placed The date of delivery of the SUPPLY OF LED monitors / Laser Printers stipulated of tender should be deemed to be essence of the contract and delivery must be completed not later than the date specified therein. Extension will not be given except in exceptional circumstances. Should, however, deliveries be made after expiry of the contract delivery period, without prior concurrence of the Purchaser, and be accepted by the consignee, such deliveries will not deprive the Purchaser of his right to recover liquidated damages. Delay by the supplier in the performance of the delivery obligations shall render the supplier liable to any/all of the following sanctions: 1. Forfeiture of security deposit. 2. Imposition of liquidated damages and/or termination of the contract for default. 13. STAMP DUTY Stamp Duty on this document, is to be borne by the Contractor. IN WITNESS WHEREOF the parties to these presents have here up to set and subscribe respective hands the day and year herein first above written.

17 17 For and on behalf of M/S Signature Name (in block letters Designation in the presence of : 1. (Name in block letters and signature) Designation Occupation Address 2. (Name in block letters and signature) Designation Occupation Address For and on behalf of Bharat Sanchar Nigam Limited Signature (Name) Designation. (Office seal) In presence of : 1. (Name in block letters and signature) Designation Address 2. (Name in block letters and signature) Designation Address

18 18 NO RELATIVE C E R T I F I C A T E I., S/o resident of - hereby certify that none of my near relative(s) as defined in the Tender Schedule is / are employed in BSNL. In case at any stage, it is found that the information given by me is false / in correct, BSNL shall have absolute right to take any action as deemed fit without any prior information to me. Signature of bidder The term near relatives for this purpose is defined as : (i) Members of Hindu undivided family. (ii) They are husband and wife. (iii) 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) husband (brother in law).

19 19 ANNEXURE A Received with thanks from GM, BSNL, Vellore a Sum of Rs. /- ( only) towards refund of EMD paid for the tender for the NIT: / SUPPLY OF LED monitors / Laser Printers Vellore SSA for the Year ADDRESS OF THE BIDDER REVENUE STAMP FOR RS.I/- STATION DATE SIGNATURE OF THE BIDDER

20 20 ANNEXURE B Name of the Item Basic Cost (Excluding of duties/ levies/ taxes etc) Excise duty Sales Tax / VAT Freight, Handling, Packaging, Forwarding, Octoroi and Insurance Unit Price (inclusive of all taxes/ levies/ duties) e= ( a+b+c+d) Net Price for total Qty(f=(eXQty) Warranty period (a) (b) (c) (d) (e) (In figures ) (In words) (f) (g) Dell 19 LED monitors HP Laser Printers