BHARAT SANCHAR NIGAM LIMITEDtender.bsnl.co.in/...RCCRING_251116_141216.pdf · Reinforced cement...

BHARAT SANCHAR NIGAM LIMITED (A Govt. of India Enterprise)

DIVISIONAL ENGINEER, MICROWAVE PROJECT,

GROUND FLOOR, TYPE-V QUARTERS, TELEPHONE EXCHANGE COMPOUND, GANAPATHY, COIMBATORE – 641 006.

TENDER DOCUMENT

FOR SUPPLY OF

RCC RINGS WITH SLAB SET

BHARAT SANCHAR NIGAM LIMITED (A GOVT. OF INDIA ENTERPRISE)

Office of the Divisional Engineer, Microwave Project, BSNL

Type V Quarters, Ground Floor, Telephone Exchange Compound, Ganapathy, Coimbatore

TENDER FORM (NON TRANS FERABLE)

(For office use only) 1. Issued to :

2. Number, Bank & Date of Demand Draft for tender form

:

3. Date of issue of application to the contractor :

4. Name of the work :

5. Initial of issuing officer with date :

NOTE : This Tender document has three parts –

(1) Technical Bid : Part.I consists of Notice Inviting Tender, Special Instructions and

Information for the tenderer, Specifications

Part II: consists of Terms and conditions of the Tender (2) Financial Bid : Part III: consists of Quotation sheet and other details to be filled up

by the Tenderer.

NIT No.. DE/MWP/CBE/W-201/2016-17/104 Dated at CBE-6 the 22.11.2016

PART - I

Table of Contents Part - I

Sl. No. Content Page No.

1. NOTICE INVITING TENDER 1

2. SPECIAL INSTRUCTIONS AND INFORMATION 3

3. SPECIFICATIONS 6

4. DRAWING 7

5 CERTIFICATES 11

SIGNATURE OF TENDERER

BHARAT SANCHAR NIGAM LIMITED (A Govt. of India Enterprise)

OFFICE OF THE DIVISIONAL ENGINEER, MICROWAVE PROJECT, GROUND FLOOR, TYPE-V QUARTERS, TELE.EXCHANGE COMPOUND,

GANAPATHY, COIMBATORE-641 006. Ph : DE : 0422-2531740 , Office : 2531741.

NIT No.. DE/MWP/CBE/W-201/2016-17/104 Dated at CBE-6 the 22.11.2016

NOTICE INVITING TENDER

Separate sealed tenders are invited by Divisional Engineer, BSNL, Microwave Project, Coimbatore-6

for and on behalf of BSNL, from reliable manufacturers / reputed dealers for the supply of the following item.

SL. No. ITEM COST O F TENDER

DOCUMENT EMD

1. RCC Rings with Slab Set Rs.525/- Rs.18,600/-

The tender schedule containing the complete details of the tender can be had from the undersigned on

payment of the above mentioned rat es which should be paid by Demand Draft drawn in favour of

‘ACCOUNT S OFFICER (Cash), O/o GM, TRANSMISSION PROJECTS, BSNL, Madurai” payable at

‘Madurai’. Tender Documents can be obtained from this office on any working day during working

hours from 23.11.2016 to 13.12.2016. T ender schedules are non-transferable amongst contractors as well

as various items.

The last date for accepting the tender will be up to 11.00 Hrs on 14.12.2016. For any clarifications please contact the undersigned.

DIVISIONAL ENGINEER, MICROWAVE PROJECT,

BHARAT SANCHAR NIGAM LIMITED, COIMBATORE – 641006.

Page 1 of 13 (Part (I)



INFORMATION ABOUT TENDERER (To be furnished by the Tenderer(s) along with Tender)

1. NAME AND ADDRESS OF TENDERER (IN BLOCK LETTERS)

2.

WHETHER THE TENDERER IS AN INDIVIDUAL/ PARTNERSHIP FIRM PUBLIC/PVT. LTD COMPANY. NOTE: PLEASE ATTACH ATTESTED COPY OF PARTNERSHIP DEED ARTICLES OF ASSOCIATION AS THE CASE MAY BE.

3 NAME OF SOLE PROPREITOR/ PARTNERS / NAME OF DIRECTOR(S)

4

NAME OF PERSON(S) AUTHORISED TO ENTER INTO AND EXECUTE THE CONTRACT AGREEMENT AND THE CAPACITY IN WHICH HE / THEY IS / ARE AUTHORISED

5 PERMANENT INCOME TAX NUMBER

6 NAME AND ADDRESS OF THE PREMISES WHERE THE ITEMS ARE MANUFACTURED.

7 WHETHER THE FIRM IS HAVING BRANCHES AT MORE THAN ONE PLACE. IF SO GIVE DETAILS.

8

PARTICULARS OF EMD (a) AMOUNT (b) DRAWN ON (c) DD NO. (d) PAYABLE AT

9

PREVIOUS EXPERIENCE OF SUPPLYING SIMILAR ITEMS TO GOVT. DEPARTMENT IF ANY.

10

ANY OTHER USEFUL INFORMATION RELATED TO THE WORK.

Passport size photograph of the

tenderer /authorized

signatory holding power o f attorney



SPECIAL INSTRUCTIONS & INFORMATION

The details given below aims to provide some important information at a glance to the T enderer. These are to be read together with other parts of this Tender Document.

1. TENDER FOR SUPPLY O F RCC Rings with Slab Set 2. Notice Inviting Tender (NIT) No. NIT No. DE/MWP/CBE/W-201/2016-17/104

Dat ed at CBE-6 the 22.11.2016

3. Cost of Tender Form Rs. 525/- in person DD for the above amount should be drawn in favour of ‘ACCOUNTS OFFICER (Cash), O/o GM, TRANSMISSION PROJECTS, BSNL, Madurai” payable at ‘Madurai’

4. Contact address for Sale & Receipt of

Tender forms OFFICE OF THE DIVISIONAL ENGINEER, MICROWAVE PROJECT, GROUND FLOOR, TYPE-V QUARTERS, TELEPHONE EXCHANGE COMPOUND, GANAPATHY, COIMBATORE – 641 006.

5. Telephone Nos. & FAX 0422 – 2531740 (DE), 2531741 (OFF).

0422 – 2531744 ( FAX)

6. Dates : a) Sale of Tender form From 23.11.2016 to 13.12.2016. b) Last Date for Receipt of Tender

form

11.00 Hrs on 14.12.2016.

c) Opening of Tender form 11.30 Hrs on 14.12.2016. 7. EMD Rs.18,600/- to be submitted along with the Tender in the

form of Demand Draft and should be drawn in favour of ‘ACCOUNTS OFFICER (Cash), O/o GM, TRANSMISSION PROJECTS, BSNL, Madurai” payable at ‘Madurai’. The date of DD/pay order shall be a date after the date of this tender notification.

8. Security Deposit To be submitted by successful tenderer before signing

agreement. This together with EMD will be 10% of the estimated cost or tendered cost whichever is higher. The amount to be paid will be specified in the intimation of acceptance of tender.

8(a). The bidder registered under Single Point Registration Scheme of MSME/NSIC are eligible for exception from cost of the tender document and earnest money deposit subject to the production of requisite proof of latest MSME/NSIC registration certificate for the tendered item valid on the date of opening of tender. However the successful bidder has to submit 5% of the est imate cost as security deposit at the t ime of making agreement.

Page 4 of 13 (Part I)


9. INTERPRETATION :

a) The term ‘ Chief General Manager’ means the Chief General Manager , Southern Telecom Projects , Chennai or any other officer nominated by him in writ ing. b) The term 'General Manager means the General Manager of Telecom, Transmission Projects, Madurai or any officer nominated by him in writ ing c) The term 'Deputy General Manager' means the Deputy General Manager of BSNL, Transmission Projects, Coimbatore. d) The Divisional Engineer primarily means the Divisional Engineer, BSNL, Optical Fibre

Cable Project, Salem or Divisional Engineer, BSNL, OFC Projects, T richy, or Divisional Engineer, BSNL, Microwave Projects, Coimbatore or Divisional Engineer, ANP, Coimbatore or any officer authorised for the purpose as the case may be and who shall sign the contract on behalf of the President.

10. Officer calling the Tender : Divisional Engineer, BSNL

Microwave Project Division, Ganapathy T/E, Place Coimbatore -06. 11. Schedule of Purchasers The officers mentioned under 9(c) & 9(d) above or any

other officer approved by 9(a) or 9(b) or 9(c)

12. Place of delivery Normally store godowns of consignees at Coimbatore, Salem, Trichy or any other places in Tamilnadu as mentioned in the P.O.

13. ITEMS TENDERED & EXPECTED QUANTITY.

Sl. No.

ITEM Approx. quantity

required Basic Rate per RCC Ring

with Slab set

1. RCC Ring with Slab Set 450 Nos. Rs.1650.00

The purchaser reserves the right to distribute the quantities to be ordered to other than the Lowest tenderer also if it is in the interest of the BSNL/ Government to have more than one source of supply. If such a course is decided upon, t hen 50% of the quantities to be ordered will be reserved for L1 , (subject to L1 meeting the quality standards as per the specifications and delivery schedules), and the remaining quantities to be ordered on L2, L3, L4 etc., in the inverse ratio of their quot e. Number of additional suppliers on whom orders to be placed if any will be decided by the BSNL.

14. Q UO TATION : Rate to be quot ed per RCC Ring with Slab Set inclusive of all taxes. Form ‘D’ certificate will not be issued.



15. SUBMISSIO N O F BIDS SEALING AND MARKING O F BIDS :

15.1 The bidder shall seal the bid as described in clause 15.2(d) below. 15.2 The envelopes shall be : (a) Addressed to Purchaser at the following address :

DIVISIONAL ENGINEER, MICROWAVE PROJECT, BSNL, GROUND FLOOR, TYPE-V QUARTERS, TELEPHONE EXCHANGE COMPOUND, GANAPATHY, COIMBATORE-641 006.

(b) Bear the Project Name (TENDER FO R THE SUPPLY O F RCC Ring with Slab Set ), (c) The envelopes shall indicate the name and address of the bidder to enable the bid to be returned

unopened in case it is received late. (d) i) Tenders shall be submitt ed in the prescribed forms placed in double sealed covers super scribed with the subject mentioned in the Notice Inviting Tender.

(ii) Tenders received in covers not wax sealed will not be opened or considered and it will be summarily rejected. (iii) Closing the cover by gum will not be treated as Sealed Cover. Both inner and outer covers should

be sealed. (iv) The full name and address of the tenderer should be writ ten on the bottom left hand side

corner of the sealed outer cover. (e) Bids shall either be sent by Registered Post or delivered in person. The responsibility for ensuring that

bids are delivered in time would vest with the bidder. (f) Bids delivered in person shall be delivered to DE, MWP, BSNL, GROUND FLOOR, TYPE -V

QUARTERS, T ELEPHONE EXCHANGE COMPOUND, GANAPATHY, COIMBATORE-641 006 on or before due date. The Purchaser shall not be responsible if the bids are delivered elsewhere.

15.3 If the outer envelope is not sealed and marked as required by para 15.1 and 15.2 the Purchaser shall

not accept the bid. In case the bids are not sealed and marked as required by para 15.1 and 15.2, the bid shall be rejected.



SPECIFICATIONS

RCC JOINT PROTECTION RINGS WITH SLAB SET 1. RCC Joint Protect ion chamber consists of a) RCC ring / collar of inner dia 105 cm, Height 40 cm,

Thickness 5 cm ; b) a bot tom circular RCC slab (bottom plate) of thickness 5 cm and 120 cm dia; c) two semi circular RCC plates (top plates) of 60 cm radius (120cm dia) with two handles for each plate, and 5 cm thickness.

2. Reinforced cement concrete should conform to NP2 class reinforcement. The weight of the Chamber

should be as prescribed in IS – 458. 3. The reinforced Chambers should be manufactured using machine only. Machine made Chambers only

will be accepted. 4. All the materials used should be capable of withstanding the effect of water, mud & other chemical &

corrosive effects of the soil. 5. The quality of material used for cement concrete work etc., shall be got approved by the Purchaser /

authorized representative. 6. Mild steel bars used for the work shall be of tested quality. 7. The materials used shall be of the best quality of several kinds procurable. 8. Sand used shall be of fine quality. 9. Reinforcement used should be of 6 mm GI wire. 10. Cement concrete proportion should be 1:2:4. (1 cement : 2 sand : 4 Jelly) 11. Ballast used should be of 6 mm size. 12 gauge GI wire needs to be wrapped before reinforcing the

concrete. 12. Dimension should confirm to the enclosed drawings. 13. Plastering to be done to give a neat appearance on both sides with fine cement. 14. Curing period shall not be less than 21 days in any case. Curing should be carried out by immersing

the pipes completely in water tank. 15. A break test should be conducted after the curing of the item, and before acceptance of the same.

When the it em is dropped from a height of five feet, it should not break and should not develop any cracks.


TOP PLATES

RCC RING / COLLAR

BOTTOM PLATE

Bharat Sanchar Nigam Limited

OFFICE OF THE DIVISIONAL ENGINEER, MICROWAVE PROJECT,

GROUND FLOOR, TYPE-V QUARTERS, TELEPHONE EXCHANGE COMPOUND,

GANAPATHY, COIMBATORE-641 006.

DRG.No.

DE/MWP/CBE/ RCC RING/2016

SCALE : NT S

APPROVED BY : DE, MWP, COIMBATORE.

5 cm 5 cm

60 cm 60 cm

5 cm

105 cm

115 cm

40 cm

Cable entry Holes

5 cm

120 cm

RCC RING WITH SLAB SET

RCC RING / COLLAR : Inner Diameter : 105 cm Outer Diameter : 115 cm Thickness : 5 cm Height : 40 cm 2 Nos. of 80 mm dia semicircular holes for cable entry diametrically opposite to each other at bottom end of the collar.

TO P PLATES : 2 Nos. of semicircular plates of 120 cm dia (60 cm radius) with two handles and 5 cm thickness. BOTTO M PLATE : 120 cm outer dia circular plate, 5 cm thickness


RCC RING / COLLAR

REINFORCEMENT D ETAILS

Bharat Sanchar Nigam Limited OFFICE OF THE DIVISIONAL ENGINEER,

MICROWAVE PROJECT, GROUND FLOOR, TYPE-V QUARTERS, TELEPHONE EXCHANGE COMPOUND,


DRG.No. DE/MWP/CBE/ RCC RING/2016

SCALE : NTS

APPROVED BY : DE, MWP, COIMBATORE

5 cm

105 cm

115 cm

40 cm

Cable entry Holes

40 cm

5 cm

105 cm

Vertical Bars

Horizontal Bars


RCC RING : Inner Diameter : 105 cm Outer Diameter : 115 cm Thickness : 5 cm Height : 40 cm

2 Nos. of 80 mm dia semicircular holes for cable entry diametrically opposite to each other at bottom end of the collar. RCC RING Reinforcement details: Diameter : 105 cm Thickness : 5 cm Height : 40 cm 6 mm Horizontal round rings 4 Nos. 6 mm Vert ical bars 12 Nos.

12 Gauge GI wire mesh to be wrapped before reinforcing

the concrete.

OTHER CONDITIONS : 1) Prepared reinforcement to be shown to the purchaser / representative of the purchaser. 2) Concrete MIX to be made in the presence of the Divisional Engineer

NOTE : a) Concrete MIX : 1:2:4 (1 cement, 2 sand, 4 Jelly) b) Finishing : Smooth



BOTTOM PLATE

Bharat Sanchar Nigam Limited OFFICE OF THE DIVISIONAL ENGINEER,

MICROWAVE PROJECT, GROUND FLOOR, TYPE-V QUARTERS, TELEPHONE EXCHANGE COMPOUND,


DRG.No. DE/MWP/CBE/ RCC RING/2016

SCALE : NTS

APPROVED BY : DE, MWP, COIMBATORE


BOTTO M PLATE : 1) 120 cm outer dia circular plate, 5 cm thickness 2) 6 mm MS round rings 3 nos. Separation 40cm from centre 3) 6 mm MS round bars X-axis : 7 Nos; Y- axis : 7 Nos. 4) 6 mm MS round bars Separation about 17-18 cms 5) Concrete Mix : 1:2:4 ( 1 cement: 2 sand : 4 Jelly)

6) Finishing : smooth

120 cm

6 mm MS round rings 3 Nos.

Separation 40cm from centre

6 mm MS round bars X-axis : 7 Nos;

Y- axis : 7 Nos.

6 mm MS round bars Separation about 17-18 cms

OTHER CONDITIONS : 1) Prepared reinforcement to be shown to the purchaser/representative of the purchaser. 2) Concrete MIX to be made in the presence of the Divisional Engineer.

120 cm



TOP PLATES

Bharat Sanchar Nigam Limited

OFFICE OF THE DIVISIONAL ENGINEER, MICROWAVE PROJECT,

GROUND FLOOR, TYPE-V QUARTERS, TELEPHONE EXCHANGE COMPOUND,


DRG.No.

DE/MWP/CBE/ RCC RING/2016

SCALE : NTS

APPROVED BY : DE, MWP, COIMBATORE.


TO P PLATES : 1) 2 Nos. of semicircular plates of 120 cm dia (60 cm radius) with two handles for each plate and 5 cm thickness. 2) 6 mm MS round semi circular rings 3 Nos. for each half. Separation 40cm from centre 3) 6 mm MS round bars X-axis : 4 Nos; Y- axis :

7 Nos. for each half. Separat ion about 17-18 cms 4) Concrete Mix : 1:2:4 ( 1 cement: 2 sand : 4 Jelly) 5) Two handles for each half with 10 mm, MS rod properly secured with the reinforcement. 6) Finishing : smooth

5 cm 5 cm

60 cm 60 cm

6 mm MS round semi circular rings 3 Nos. for each half

Separation 40cm from centre

6 mm MS round bars X-axis : 4 Nos.; Y- axis : 7 Nos. for each half

6 mm MS round bars Separation about 17-18 cms

OTHER CONDITIONS : 1) Prepared reinforcement to be shown to the purchaser /representative of the purchaser.

2) Concrete MIX to be made in the presence of the Divisional Engineer.


Page 11 of 13 (Part-I)


CERTIFICATE

(FOR NEAR RELATIVES IN BSNL)

I…………………………………………………… S/o…….. …………………………………….

hereby certify that none of my relative(s) as defined in the Tender document is/are employed

in BSNL unit as per details given in tender document. In case at any stage, it is found that the

information given by me is false/incorrect, BSNL shall have the absolute right to take any

action as deemed fit/without any prior intimation to me.

I/We hereby declare that the information furnished above is true and correct.

Place :

Signature of tenderer/Authorized

Signatory

Date : Name of the Tenderer

Seal of the Tenderer



CERTIFICATE

(FOR DOWNLOADING OF TENDER DOCUMENT FROM WEB SITE)

“I…………………………………………………………………….(authorized signatory)

hereby declare that the tender document submitted has been downloaded from the website”

http://www.tender.bsnl.co.in and no addition / deletion / correction has been made in the

proforma downloaded. I also declare that I have enclosed a DD for

Rs……………………………….towards the cost of tender document along with the EMD.

Place : Signature of tenderer/Authorized Signatory





CERTIFICATE REGARDING QUALITY & DELIVERY I……………………………………………………….(authorized signatory) hereby declare that I have gone through the tender document and specifications mentioned therein and have clearly understood that quality along with delivery of items is of prime importance. I shall supply the items within the due dates mentioned in the Purchase order. I undertake not to compromise on the quality, and shall continue to supply the it ems throughout the period of contract maintaining the highest standards. I shall use steel, metal, sand and cement as per specifications. Note : In case of variation of IS spec from those indicated, please attach details along with IS part iculars.

Place : Signature of tenderer/Authorized Signatory



UNDERTAKING AND DECLARATION

FOR HAVING UNDRSTOOD THE TERMS & CONDITIONS OF TENDER AND SPECIFICATION OF WORK

a) Cert ified that:

1. I/We ----------------------------------------------------------------------------------------

have read, understood and agree with all the terms and conditions, specifications included in the tender documents & offer to execute the work at the rates quoted by me/us in the tender form.

2. If I/We fail to enter into the agreement & commence t he work in time. The EMD/SD deposited by me/us will stand forfeited to the BSNL.

b) The tenderer hereby covenants and declares that: 1. All the information, Documents, Photo copies of the Documents/ Certificates

enclosed along with the Tender offer are coorect. 2. If anything is found false and/or incorrect and/or reveals any suppression of

fact at any time, BSNL reserves the right to debar our tender offer/ cancel the LOA/ Purchase/ work order if issued and forfeit the EMD/ SD/ Bill amount pending with BSNL. In addition, BSNL may debar the contractor from participat ion in its future tenders.

Signature of tenderer

Name of the Tenderer

along w ith date & seal

TERMS AND CONDITIONS

NIT No. DE/MWP/CBE/W-201/2016-17/104 Dated at CBE-6 the 22.11.2016

PART - II

Table of Contents

Part - II

Sl. No. Contents Page No.

1 INSTRUCTIONS & GENERAL RULES AND GUIDELINES T O

TENDERERS 1

2 GENERAL T ERMS USED AND INTERPRETATION: 3

3 SUBMISSION OF T ENDERS: 4

4 LATE TENDERS : 5

5 DOCUMENTS T O BE SUBMITTED WITH TENDER: 5

6 EMD / SD / PERFORMANCE SECURITY: 5

7 QUANTITY TO BE ORDERED 7

8 QUOTATION: 7

9 REJECTION OF TENDERS: 8

10 VALIDIT Y FOR ACCEPT ANCE 8

11 TENDER EVALUATION: 8

12 SIGNING OF CONTRACT AGREEMENT: 8

13 PERIOD OF VALIDITY OF TENDER: 9

14 RATE VARIAT ION: 9

15 PURCHASE ORDER & DELIVERY: 9

16 PATENT RIGHTS : 10

17 TIME FOR COMPLETION OF SUPPLY: 10

18 EXTENSION OF TIME : 10

19 INSPECTION & QUALITY 11

20 PAYMENT : 11

21 BREACH OF CONT RACT 12

22 PENALTY FOR BREACH OF CONTRACT 12

23 TERMINATION FOR DEFAULT: 13

24 OPTIONAL TERMINATION BY GOVERNMENT (OTHER THAN

DEFAULT OF CONTRACTOR) / CURTAILMENT OF WORK. 13

25 WARRANT Y/ GUARANTEE: 14

26 LIQUIDATED DAMAGES 14

27 FORCE MAJEURE: 15

28 ARBIT RATION 15

29 AGREEMENT ( proforma) 17


1

TERMS & CONDITIONS

INSTRUCTIONS & GENERAL RULES AND GUIDELINES TO TENDERERS : 1. The Tenderer must carefully read all the t erms, conditions and specifications before

filling up the tender schedule and his quotat ion. Tenderers are requested to get well versed with the tender conditions/specifications and guidelines writ ten hereunder. The tender document is non transferable i.e., tender document purchased by one party cannot be exchanged with another party.

2. Tenderers who are bidding for the supply should be original manufacturers / dealers

having a factory from which he will be able to supply the items in t ime. T enderers who are confident of expediting the supply in t ime with the required resources may also participate in this t ender offer.

3. The NIT will contain the details of the tender as well as the date for submitt ing and

opening tenders and the t ime allowed for execution of contract, also the amount of Earnest Money Deposit to be deposited with the tender and amount of the security deposit to be deposited by the successful tenderer and the percentage, if any to be deducted from the bill.

4 . In the event of the tender being submitt ed by a Partnership firm, it must be signed

separately by each partners thereof or in the event of the absence of any partner it must be signed on his behalf by a person holding a power of attorney authorising him to do so, such power of attorney to be produced with the tender and it must disclose that the firm is duly registered under the Indian Partnership Act 1937 and its amendments from t ime to time.

5. Receipt of payment made on account of supply, when executed by a partnership firm

and also be signed by, the several partners except where the contractors are described in their tender as a firm, in which case the receipt must be signed in the name of the firm by one of the partners or by some other persons having authority to give official receipts for the firm.

6. Any person(s) who submit s a tender shall fill up the printed form, stating at what rates

he is willing to undertake each item of supply. Tenders with conditions such as with a mention that increase in market rates or taxes or duties of manufacturer’s rates etc., will be charged ext ra, will stand disqualified and will not be accepted. Tenders having conditions that the rates are valid upto particular period / date and thereafter subject to confirmation etc., will also stand disqualified and will not be accepted. Tenders which propose any alteration in the items of supply specified in the said form of invitation to tender or in the t ime allowed for carrying out the supply or which contain any other conditions of any sort or having any uncalled for remarks is liable to be summarily rejected. No modification by the contractor of any of the conditions of the Tender will be permitted.

7. If a tenderer is successful in more than one item of supply, he should have the

capacity to carry out supply of each of the items simultaneously failing which his EMD & SD will be forfeited. The Deputy General Manager has the powers t o decide whether more than one item of supply is to be allotted to the same contractor.


2

8. The Officer calling the tender or his duly authorised representatives, will open the

tenders in the presence of intending contractors who may be present at the t ime, and will enter the amounts of the several t enders in a comparative statement in a suitable form In the event of a tender being accepted, the EMD submitt ed shall be converted as S.D. In the event of a tender being rejected the earnest money forwarded with the unaccepted tender shall thereupon be returned to the tenderer at the earliest.

9. The contractor's responsibility for the contract shall commence from the date of issue

of orders of acceptance of tender. 10. The tendered rates on acceptance shall be valid for a period of one year from the date

of signing of agreement.

11. Lett ers etc., raising or lowering the rates or dealing with any point in connection with the tender will not be considered.

12 Issue of tender forms will be closed on the date and time indicated in the Notice

Inviting Tender. 13. No Engineer of Gazetted rank or other Gazetted Officer, employed in Engineering or

administ rative duties in an Engineering Department of the Government of India is allowed to work as a contractor for a period of two years of the retirement from Government Service without the previous permission of the Government of India.

14. This contract is liable to be cancelled if either the contractor or any of his employees

is found at any time to be such a person who had not obtained permission of Government of India as aforesaid before submission of the tender or engagement in the contractor's service as the case may be.

15. The items shall be supplied in accordance with the specificat ions for the various items

of work. In case it is found necessary to revise the specifications, the rates, of subst ituted or altered or additional items may be got approved by the competent authority failing which the BSNL will not entertain any claim on this account in respect of such items.

16. The contractor whose tender is accepted will have to sign an agreement with BSNL

for all the clauses and conditions enforced in the BSNL/Department to date. 17. The tenderer shall submit a list of supplies executed by him and those on hand. 18. The approved contractor shall in no circumstances sublet the contract. 19. If any dispute, difference or rejection whatsoever shall arise in anyway connected

with or arising out of this contract or in operation of any part there of or the rights, duties or liabilities of either party the decision of which is not otherwise provided for, the decision of the General Manager, Transmission Projects, Madurai shall be final and binding on the tenderer.

20. To assist in the examination, evaluation and comparison of bids, the Purchaser may,

at its discret ion ask the bidder for the clarification of its bid. The request for clarification and the response shall be in writ ing. However no post bid clarification at the initiative of the bidder shall be entertained.


3

GENERAL TERMS USED AND INTERPRETATION :

21. (i) The contract means the documents forming tender and acceptance thereof and the formal agreement executed between the BSNL and the contractor together with the document referred to therein including these conditions and specifications, designs and drawings and instruction issued from time to time by the BSNL/ Department and all these documents taken together shall be deemed to form one contract and shall be complimentary to one another.

(ii) INTERPRETATION CLAUSE: In the Contract the following expression shall, unless the contract otherwise requires have the meanings hereby respectively assigned to them.

(a) The 'President ' means the President of India and his successors. (b) ‘Government' means the President of India. (c) BSNL/ Company means Bharat Sanchar Nigam Limited. (A Govt. of India Enterprise) (d) Corporation: The Corporation means the Bharat Sanchar Nigam Limited, a Government

of India Enterprise, under the Ministry of Communications, which invites the tenders on behalf of the BSNL.

(e) 'Tenderer', Person(s) who are participating in the tender. After finalisation of the

tender the term Tenderer will also mean the company or person(s) to whom the tender is awarded.

(f) 'Tenderer / contractor': Interchangeable terms used for the company or person(s) to

whom the contract is awarded. The contractor shall mean the individual or firm or company whether incorporated or not, undertaking the supplies and shall include the legal personal representative of such individual or the persons composing such firm or company and the permitted assignees of such individual or firm or company.

(g) The expression 'work' or 'works' or 'supply' or 'supplies' where used in these

conditions shall, unless be something either in the subject or context repugnant to such constructions, be constructed and taken to mean the works or supplies by or by virtue of the contract to be executed, whether Temporary or Permanent and whether original, altered, substituted or additional.

(h) The expression ' work' wherever used implies the work of supplying the T endered

items. (i) 'Indentor' : The officer who places the purchase order and is int erchangeably used

with term ' purchaser' (j) 'Consignee ' : The officer to whom the supply has to be effected. (k) Words importing the singular number only also include the plural number and vice

versa.


4

SUBMISSIO N O F TENDERS : 22. (i) Tenders shall be submit ted in the prescribed forms placed in double sealed covers

superscribed with the subject mentioned in the Notice Inviting Tender.

(ii) Tenders received in covers not wax sealed will not be opened or considered and it will be summarily rejected.

(iii) Closing the cover by gum will not be t reated as Sealed Cover. Both inner and outer cover should be sealed.

(iv) The full name and address of the tenderer should be writ ten on the bottom left hand side corner of the sealed outer cover.

(v) Tender documents received in unsealed covers if any, shall become the property of the Department and shall be opened only on the succeeding working days of the date of opening of tenders, and that too after getting a written request from the tenderer for gett ing back the EMD submitted along with the tender.

(vi) The t ender will be received by post/courier also. But BSNL will not be responsible for the non-receipt / late receipt of tenders sent by post /courier . The tender sent by post /courier should be with double envelope. T he wax sealed cover super scribed with the subject mentioned in the notice inviting tender should be covered with another cover for sending it through post/courier

23. (i) The Officer calling the tender reserves the right to reject any or all t enders without

assigning any reason whatsoever and he is not bound to accept the lowest tender. He reserves the right to award the work as whole or in part to one or more contractors, and to terminate the contract any time.

(ii) The Officer calling the tender reserves the right to disqualify such bidders who have a record of not meeting the contract obligat ions against earlier contracts with the Officer calling the tender or with the BSNL/Department.

24. Tender will be accepted and will be finalised only with those of the Tenderer(s), who,

in the opinion of the Deputy General Manager is/ are having the capacity and the resources to carry out the work in the prescribed time.

25. The Tenderer has to put his Signature with seal on all the pages of the Tender

document as a token of having read, understood and accepted all the terms and conditions of the contract / tender mentioned therein. He has to submit this along with his quotat ion. The tenderer should indicate in which capacity the tender offer is signed and enclose due authorization from the firm.

26. Tenders of those firms which do not confirm exactly according to the specifications

and do not specify make are likely to be rejected. The product brochures having details of the product specifications should be enclosed with the quote, otherwise the quote is likely to be rejected.

27. Canvassing in connection with the tenders is strictly prohibited. Any attempt for

negotiation direct or indirect on the part of a tenderer with the authority who is competent finally to accept it after he has submitt ed his tender or endeavors to secure interest for actual or prospective tenderer or to influence by any means the acceptance of the particular tender will render the tender liable to be excluded from consideration.


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28. The t enderer will be bound by all terms, conditions and specification as detailed in this Tender Documents.

29. Tender forms not accompanied by prescribed EMD in the form of Demand Draft/Pay

order will be summarily rejected. 30. Tenderer will have to furnish a documentary proof of showing their competency to

execute the work satisfactorily.

LATE TENDERS : 31. (i) Tenders received either by post or Courier Service or in person after the specified

time will not be opened or considered.

(ii) No tender will be received in person by the Officer calling the tender or any other officer subordinat e to him. Any tenderer wanting to deliver the tender in person should deposit it in the tender box kept in the office mentioned in the NIT .

(iii) The slit of the tender box will be sealed immediately after the specified time for receipt of tender. Any tender presented in person by any tenderer or his representative after the tender box is sealed will not be received either by the officer calling the tender or by any of his subordinates.

(iv) Tenders sent by post or by courier, if delivered after the expiry of the specified time will only be recorded and not opened or considered. Such tenders will be opened only when a request is made by the Tenderer that any Demand Draft/Bank Guarantee/ Pay order enclosed as EMD may be returned. In such cases, the D.D / Bank Guarantee / Pay order will be returned in original and no other enclosure shall be returned.

DOCUMENTS TO BE SUBMITTED WITH TENDER : 32. (i) One copy of the complete set of original tender documents duly filled in and signed

on each page to be submit ted.

(ii) Particulars of comparable works/ supplies executed by the Tenderers as Contractor recognised by Government or Public Sector undertakings.

(iii) Sales T ax Registrat ion number should be quoted where applicable.

(iv) EMD for the amounts & in the manner specified in the Notice Inviting Tender.

(v) Original " Power of Attorney " in case any person other than the tenderer himself has signed the tender.

(vi) Authenticated copy of Partnership Deed in case of partnership firm and power of attorney to the representative of the firm to operate the tender.

(vii) The product brochures having details of the product specifications. EMD / SD / PERFO RMANCE SECURITY: 33. (i) EMD: Each sealed tender should be accompanied by Earnest Money Deposit (EMD)

for an amount and manner as indicated in the tender schedule in the form of crossed Demand Draft/ Pay order .The date of issue of DD/P O shall be a date after the issue of tender documents. Tender forms not accompanied by EMD in the form of Demand Draft/P O will be summarily rejected. The bidder shall furnish as part of his bid, a bid security for an amount of Rs.-------/=(Rupees ……………………………………………………………only). The bidders (small


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scale units) who are registered with National Small Scale Industries Corporation

“Under Single Point Registration Scheme” are exempted from payment of bid security upto the amount equal to their monetary limit. In case of bidders having monetary limit as “No limit”, the exemption will be limited to 50,00,000/=(Rupees Fifty Lakhs only) as per existing policy of BSNL. A proof regarding current registration with NSIC for the Tendered Items will have to be attached alongwith the bid. For small scale unit to qualify for the concessions mentioned under para above, the delivery schedule proposed in the tender is also to be examined. The units shall also submit its monthly turnover in support of its claim for meeting the delivery schedule duly certified by NSIC.

(ii) SD:The contractor whose tender is accepted will be required to furnish such sum

which together with earnest money will amount to ten percent of the cost of the work quoted in the tender by way of security deposit for the due fulfillment of the contract made as under . The successful contractor shall furnish as part of fulfillment of the contract, a security deposit for an amount of Rs.-------/=(Rupees ……………………………… ……………………… only). The successful contractors ( small scale units ) who are registered with Nat ional Small Scale Industries Corporation “Under Single Point Registration Scheme” are exempted from payment of security deposit upto the amount equal to their monetary limit. In case of bidders having monetary limit as “No limit”, the exemption will be limited to 50,00,000/=(Rupees Fifty Lakhs only) as per existing policy of BSNL.A proof regarding current registration with NSIC for the Tendered Items will have to be attached alongwith the bid. The EMD of the successful tenders will be converted as security deposit . The security Deposit (SD) shall be made upto ten percent of the value of the tender or accepted portion whichever is higher to be furnished within seven days of the acceptance of the tender in whole and shall be deposited with the officer calling the tender. failing which his EMD will be forfeited. T hus the total amount of SD available with the Department will be about 10% of the value of the supplies together at the commencement of the contract.

(iii) The SD will be treated as Performance Security. The contractor will forfeit this to the

BSNL as a part of compensation for any loss resulting from his failure to meet the obligat ions under the contract i.e. for non performance of contractors obligat ions. All compensations or other sums of money payable by the contractor under the terms of this contract may be deducted from or from any sums which may be due or may become due to the contractor(s) by BSNL/ Government on any account whatsoever, and in the event of his / their security deposit being reduced by reason of any such deductions as aforesaid the contractor shall within 10 days thereafter, make, good in cash the amount which may have been deducted from or raised by the sale of his/their security or any part thereof.

(iv) The EMD/ SD will not bear any interest. The EMD will be refunded to unsuccessful

Tenderers after the tender is finalised and approved. (v) The security deposit will be refunded and returned after six months from the date of

settlement of final bill.

(vi) No adjustment will be made for the EMD money of the tenderer for earlier tenders lying with this office. Separate deposit should be made for this tender.

(vii) EMD/SD/ is liable to be forfeited to the BSNL if the tenderer

(a) Withdraws the tender before/after finalisation of the same.


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(b) Fails to accept the tender offer if his/their tender is accepted by paying remaining portion of security deposit with in the stipulated time.

(c) Fails to execute the agreement in the prescribed proforma within the stipulated time limit .

(d) Fails to supply the samples when called for.

(f) Fails to supply the full quantity of materials ordered within the stipulated time limit.

Q UANTITY TO BE O RDERED :

34. Quant ity to be ordered as indicated will be spread over the year and will be ordered as and when required. The quantity to be ordered shall be normally on L1 the lowest tenderer/ the most competitive subject to meeting the specifications, high quality standards and other conditions specified in the tender document. The purchaser/ department reserves the right to distribute the quantities to be ordered to other than the L1 contractor if it is in the interest of the BSNL/ Government to have more than one source of supply.

Q UO TATION : 35. (i) The t enderer will quote the rate in English or in Hindi and for individual items in

figures as well as in words. If any difference in value between rates entered in words and figures is noticed the rate as quoted in words will be treated as correct. The quotation sheet to be filled up is enclosed at the end of this document.

(ii) All corrections, additions and alterations in the entries and Tender papers will be signed in full by the Tenderer with date. No errors, over-writ ing shall be permissible unless att ested under the signature of the Tenderer with date.

(iii) The tender shall contain the name, residence and places of business of person/persons

making the tender and shall be signed by the Tenderer with his usual signature. Partnership firms shall furnish the full name and address of all part ners or by a duly authorised representative followed by the name and designation of the person signing. In case, it is signed by authorised representative, a duly certified copy of the power of attorney in that behalf shall accompany the tender. In case of the partnership firm attested true copy of the partnership deed must be submitt ed along with the tender.

(iv) The tenderer or a person holding power of Attorney authorising him to sign on behalf

of the Tenderer before submission of the tender has to put his signature in full at the bottom right hand corner of all the pages of the Tender document and wherever required in the Tender Papers. All signatures in the tender document shall be dated.

(v) The tenderer should quote their rate for each item, complete in all respects.

The tenderer should quote their rate per unit / or as required in the Quotation sheet, complete in all respects. The quoted price should be inclusive of all kinds of taxes, Excise, Octroi and Transport, handling and Freight for delivery at store godown as mentioned in the purchase order.

The specifications mentioned are the minimum which are acceptable. Any specifications which are below these minimum specifications will be rejected, higher specifications above these minimum specifications can be accepted.


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REJ ECTIO N O F TENDERS : 36. The BSNL / the Officer inviting tenders shall reserve the right to refuse – (i) Consideration of any tender not supported by the requisite Earnest Money Deposit in

the manner provided therein. (ii) Consideration of any tender deficient or incomplete in any of the requisite matters,

particulars or formalities or for any reason which shall not be disclosed to the Tenderer(s).

(iii) Consideration of any tender/offer which change the terms and conditions (other than

those envisaged in the tender document sold), altered constructions, specifications or time limits set

(iv) The t enders which do not fulfil all or any of the conditions specified in the t ender

document or incomplete in any respect are liable to summary rejection . (v) Any or all the, tenders received without assigning any reason thereof and will not be

bound to accept the lowest tender.

VALIDITY FOR ACC EPTANCE : 37. Tenders submitt ed by Tenderers will remain valid for acceptance for a period of

FOUR MONT HS from the date of opening of the tender. Acceptance of tender is not a guarantee that the entire quantity will be ordered on the approved tenderer only.

TENDER EVALUATIO N : 38. Purchaser shall evaluate the tenders to determine whether they are complete, whether

any computational errors have been made, whether required suret ies have been furnished, whether the documents have been properly signed and whether the tenders are generally in order. Arithmetical errors shall be rect ified on the following basis. If there is discrepancy between the unit price and total price that is obtained by multiplying the unit price and quantity, the unit price shall prevail. If there is discrepancy between words and figures, the amount in words shall prevail. Prior to the detailed evaluation the Purchaser will determine the substantial responsiveness of the offer to the tender documents for purpose of these clauses.

A substantially responsive tender is one which confirms, to all the terms and

conditions of the tender documents without material deviations. The purchaser's determination of tender's responsiveness is to be based on the contents of the tender itself without recourse to extrinsic evidence. A tender offer determined as substantially non - responsive will be rejected by the purchaser.

Tender which meet the conditions of the tender will only be considered for

evaluation and will be evaluated on the basis of cost of the material inclusive of all taxes and other duties.

SIGNING O F CO NTRACT AGREEMENT : 39. The successful tenderer has to enter into an agreement with the Officer calling the

tender or their authorised representative or such other officer as decided by the BSNL, in non-judicial stamp paper value of Rs.100/- (Rupees One hundred only) at


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his cost setting forth the tender condition etc., within 7 days from the date of

int imation of the acceptance of his tender failing which the acceptance of tender will be revoked and EMD forfeited to the BSNL.

PERIOD O F VALIDITY O F TENDER :

40. The rates quoted should be firm and valid for any purchase / supply order that may be issued within a period of one year from the date of entering into agreement until the completion of supply assigned under such a supply order.

RATE VARIATIO N :

41. The rate quoted should be firm for one year of the contract and further period vide clause (40). No increase in rates will be allowed. Any increase in the price of the raw materials, Excise duty, taxes etc., during the period of validity of the tender/ contract will be borne by the T ENDERER ONLY i.e. it will be to the contractors account. Benefit of reduction in duties, taxes etc., will be passed on to the BSNL.

PURCHASE O RDER & DELIVERY :

42. Purchase order will be released either by the officer calling the tender or the Divisional Engineers under the Deputy General Manager, Transmission Projects, Coimbatore. Other units of BSNL, if they wish to operate on this t ender, the items shall be supplied at the same rates and conditions of this tender.

43. All items should be delivered at the departmental store godown at the stations required by the indentor.

44. Supply/ Delivery of goods should be completed so that the goods reach the destination within three weeks (3 weeks) from the date of Purchase Order (P.0) or within the date mentioned in the purchase order. Delay by the supplier with respect to delivery obligat ions shall render the supplier to any or all of the following sanctions, forfeiture of its security deposit , imposition of liquidated damages and/or termination of the contract and forfeiture of total Performance Guarant ee for default.

45. Care should be taken to supply all items without any damages. For this it is desirable to pack each pieces of item with suitable cushioning material. Further the supplier shall pack the goods as is required to prevent damage or deterioration during transit to their final destination. Each package shall contain the following marking -- order no. & date, brief description of consignment, Name of the consignee & items with quantity. Supplier will be responsible till the entire stores ordered for arrive in good condition at destination. The purchaser will notify as soon as possible but not later than 30 days of the date of arrival of stores at destination, of any loss or damage to the stores that may have occurred during t ransit. The items should be insured by t he supplier from the time of despatch to the time of delivery to the consignee. The purchaser has all rights under this tender including, to reject items not meeting specifications / not meeting quality standards / which have deteriorated over time / damaged while handling due to poor quality. In addition to rejection of the item, purchaser has the power to adjust the amounts already paid for the items rejected either from the future bills due from this contract or from amounts due to the supplier from the BSNL/ Government or from the security deposit and also impose further penalties, due to the loss incurred by the BSNL. These actions can be imposed any time till the items are satisfactorily introduced in the BSNL telecom network and continue to perform as desired when items are made as per / to meet the specifications.


10 46. The supplier should be ready to accept minor design changes, if it is so desired by the

competent authority at any stage of the contract between the supplier and the BSNL, without any extra charges.

47. The supply should consistently be of high quality. 48. The quantities indicated in the NIT shall not be considered as representing firm/final

quantities. The BSNL, reserves the right to reduce the quantity of items to be ordered under this t ender and in that event, no claim, whatsoever, for any damages, loss or compensation on any account shall be entertained by the BSNL.

49 . The supplier should be ready to supply additional quantities upto the extent of

25% of the quantity mentione d in this tender under the same terms and conditions during the period of validity of the tender. If need be, the validity period of tender may be operated/extended on expiry for additional period of THR EE mon ths on mutual agreement as per terms and condition without escalation of rate .

50. The purchaser may, at any time, by a written order given to the supplier, make

changes within the general scope of the contract in any one or more of the following. (i) Drawings, designs or specifications (ii) The method of transportation or packing. (iii) The place of delivery (iv) The services to be provided by the supplier.

PATENT RIGHTS :

51. The supplier shall indemnify the purchaser against all third - party claims of infringement of patent, t rademark or industrial design rights arising from use of the goods or any part thereof in BSNL/ Indian Telecom Network.

TIME FO R CO MPLETION O F SUPPLY : 52. The works / supplies comprised in this t ender are to be commenced immediately on

receipt of written orders from the purchaser. The t ime allowed for completing the supply as given in tender / supply order shall be strictly observed by the contractor and shall be deemed to be the essence of the contract on the part of the contractor . The supply shall throughout the period stipulated in the contract be proceeded with all due diligence and the contractor shall pay as compensation an amount equal to 0.5%, or such smaller amount as the Purchaser /Deputy General Manager/ (whose decision in writ ing is final) may decide on the amount of the cost/estimated cost of the whole supply for every week that the supply remains uncommenced, or unfinished after the proper dates provided always that the entire amount of compensation to be paid under the provisions of this clause shall not exceed 10% of the value /estimated cost of the supply. If the purchaser desires in writ ing that the supply be completed in a shorter period the contractor will complete the supply within that period.

EXTENSION O F TIME : 53. If the Contractor shall desire an extension of time for completion of supply on the

grounds of his having had unavoidable hindrance in its execution or any other ground, he shall apply in writing to the Indentor within seven days of the date of hindrance on account of which he desires such extension as aforesaid and the Purchaser shall evaluate the situation & on reasonable grounds (which shall be final) be shown


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therefore, authorise such extension of time, if any, as may, in his opinion be necessary or proper. Nevertheless and in case of any extension of time the aforesaid provision for damages and their amount ing to default of due completion shall apply in case of non completion of the works within extended time. However the Purchaser may at his discret ion impose penalty for period of extension if he consider it necessary in public interest. Supply after the due date may be made only after getting written extension order.

INSPECTION & Q UALITY :

54. All items supplied under this tender are subject to INSPECTION. The inspection will be carried out by forwarding a sample of the product from the supply to be effected, to any Government agency/ authorised laboratory. The Consignee shall be the final judge of the quality of the item and the satisfaction of the standards in respect thereof set forth in the tender /contract documents. NO CHARGES, whatsoever, will be paid for items rejected during inspect ion for any defect. The indentor/ consignee or any other officer / agency authorised by the BSNL/Govt. has the right to inspect the material / items at the manufacturing facility / godown of the supplier at the t ime of manufacture, before commencement of manufacture or after complet ing the manufacture i.e., at any time.

55. Should any inspected or tested goods in a consignment fail to confirm to the

specifications the purchaser may reject the entire lot and the supplier shall either replace the rejected goods or make all alterations necessary to meet specifications requirements free of cost to the purchaser within 2 weeks of intimation. Should it fail to do so within this t ime, the purchaser reserves the discretion to reject and replace at the cost of the supplier the whole or any portion of the items as the case may be, which is defective or fails to fulfil the requirements of the contract.

The cost of any such replacement made by the Purchaser shall be deducted from the

amount payable to the supplier. Nothing in this clause shall in any way release the supplier from any warranty or other obligat ions under this contract.

56. If the tenderer continues to supply repeatedly defective it em or items not conforming

to specifications, the contract entered into with him is liable to be terminated, blacklisted from future supplies to BSNL / Govt . of India and EMD/SD/Performance Guarant y forfeited.

PAYMENT : 57. NO ADVANCE PAYMENT will be made to the contractor towards any P.O placed

on him or to any supply to be made by him. 58. Bills in triplicate for the entire material supplied duly pre-receipted should be

forwarded to the consignee for certification of actual receipt in good condition, with respect to quality & quantity, and then forwarded to the indentor who has placed the purchase order for effecting the payment after supply of materials. The payment will be made only through electronic method i.e, by NEFT/RTGS.


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BREACH OF CONTRACT : 59. The breach of contract is the failure or refusal to perform it . Any breach of contract

by one party to it gives the other party an immediate course of action and a right to damages as compensation for loss following from breach of contract. A breach occurs where a party to the contract repudiates or fails to perform one or more of the obligat ions imposed upon him by the contract.

60. The Purchaser (who represents the BSNL) may without prejudice t o his right against

contractor in any respect of delay or inferior workmanship or otherwise, or to any claim for damage in respect of any breaches of the contract and without prejudice t o any right or remedies under any of the provisions of this contract or otherwise and whether the date for completion of supply has or has not elapsed by notice in writing, absolutely determine the contract in any of the following cases:

(i) If the Contractor fails to commence the work as specified in the letter of Intent / Work order after entering into the agreement for the work.

(ii) If the Contractor having been given by the Purchaser a notice in writ ing to rectify, reconstruct or replace any defective work or that the work is being performed in any inefficient or otherwise improper or unworkman like manner shall omit to comply with requirement of such notice for a period of thirty days thereafter.

(iii) If the Contractor shall delay or suspend the execution of the work so that either in the judgement of Purchaser (which shall be final and binding) he will be unable to secure completion of work by the date for completion or he has already failed to complete the work by that date.

(iv) If the contractor being a company shall pass a resolution or the court shall make an order that the company shall be wound up or if a receiver or a manager on behalf of a creditor shall be appointed or if circumstances shall arise which entitle the court to make the winding up order.

v) If the contractor commits breach of any of the terms and conditions of this contract.

PENALTY FO R BREACH O F CO NTRACT :

61. When the contractor has made himself liable for action under any of the clauses aforesaid the Purchaser on behalf of the BSNL shall have powers.

(i) To Terminate or Restrict the contract as aforesaid (of which termination or restriction notice in writ ing to the contractor under the hand of the purchaser shall be conclusive evidence). Upon which termination or restriction the security deposit of the contractor shall be liable to be forfeited and shall be absolutely at the disposal of the BSNL.

(ii) After giving notice to the contractor, t ake such part thereof as shall be unexecuted out of his hands, and to give it to another contractor to complete in which case, any expenses which may be incurred in excess of sum which would have been paid to the original contractor if the whole supply order has been executed by him (of the amount by which excess, the certificate in writ ing of the Purchaser shall be final and conclusive) shall be borne and paid by the original contractor and may be deducted from any money due to him by the BSNL/ Government under this contract or any other account whatsoever or from his security deposit as the case may be.


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(iii) To debar the Contractor from participating in any of the t enders pertaining to all the

Divisions under the jurisdict ion of the Deputy General Manager / BSNL /Govt. of India for a period of one year from the date of issue of termination or rescission ordered by the Divisional Engineer .

62. In the event of any one or none of the above course(s) being adopted by the

Purchaser, the contractor shall have no claim to compensation for any loss sustained by him by any reason of his having purchased or procured any materials or entered into any engagements or made any advances on any account of the contract. And in case action is taken under any of the provisions aforesaid, the contractor shall not be entitled to recover or be paid any sum for any supply there for actually performed under the contract, unless or until the purchaser has certified in writ ing the performance of such work and the value payable in respect thereof, and he shall only be entitled to be paid the values so certified.

63. In any case in which any of the powers conferred upon the Purchaser aforesaid, shall

have become exercisable and the same shall not be exercised, the non exercise thereof shall not constitute a waiver of any of the conditions hereof and such powers shall be exercisable in the event of any future case of default by the contractor(s) for which by any clause or clauses hereof he / they are declared liable to pay compensation amounting to the whole of his/ their security deposit and the liability of the contractor for compensat ion shall remain unaffected.

TERMINATIO N FO R DEFAULT: 64. The BSNL may, without prejudice to any other remedy for breach of contract, by

writ ten notice of default, sent to the contractor, terminate this contract in whole or in part and on such termination the entire amount of EMD and Security Deposit of the contractor shall stand forfeited to the BSNL,

(i) If the contractor fails to complete any or all of the supplies within the time period

specified in the supply order/ tender, or any extension thereof granted by the Govt. (ii) If the contractor fails to perform any other obligat ions under the contract; and (iii) If the contractor, in either of the above circumstances, does not remedy his failure

within a period of 30 days (or such period as the Purchaser may authorise in writ ing) after receipt of default notice from the purchaser.

OPTIONAL TERMINATION BY BSNL (O THER THAN DEFAULT O F CONTRACTO R) / CURTAILMENT O F WORK : 65. The BSNL may, at any time, at its option cancel and terminate this contract by

writ ten notice to the contractor. No compensation shall be payable to the contractor for termination of the contract under the clause

66. If at any time after the commencement of the work the BSNL shall for reason

whatsoever, not require the work thereof as specified in the tender to be carried out, the Purchaser shall give notice in writ ing of the fact to the contractor who shall have no claim to any payment of compensation whatsoever, on account of a profit or advantage which he might have derived from the execution of the work in full but which he did not derive in consequence of the full amount of the work not having


14

been carried out, neither shall he have any claim nor compensation by reasons of any alterations having been made in the original specification, drawings, designs and instructions which shall involve any curtailment of the work as originally contemplated.

WARRANTY/ GUARANTEE : 67. The contractor shall warrant that stores to be supplied shall be new and free from all

defects and faults in material, workmanship and manufacture & 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 & drawings. The contractor shall be responsible for any defects that may develop under the conditions provided by the contract and under proper use, arising from faulty materials, design, workmanship or otherwise and shall remedy such defects at his own cost when called upon to do so by the purchaser who shall state in writ ing in what respect the stores are faulty . This warranty shall survive inspection or payment for, and acceptance of goods, but shall expire except in respect of complaints notified prior to such date, 12 months after the stores have been taken over.

If it becomes necessary for the contractor to replace or renew any defective portion/

portions of the items under this clause, the provisions of the clause shall apply to the portions of items so replaced or renewed or until the above mentioned period of 12 months, whichever may be later. If any defect is not remedied within a reasonable time of 3 weeks after the Purchaser has notified the contractor of the defect, the purchaser may proceed to do the work at the contractors risk & expenses, but without prejudice t o any other rights which the purchaser may have against the contractor in respect of such defects. Replacement under such warranty clause shall be made by the contractor free of all charges at site including freight, insurance and other incidental charges. Rejected items should be carried back at the suppliers cost.

LIQ UIDATED DAMAG ES : 68. The date of delivery of the stores stipulated in the Purchase order/ 3 weeks should be

deemed to be the essence of the contract and delivery must be completed not later than the dates specified therein. Extension will not be given except in exceptional circumstances. Should, however, deliveries be made after expiry of the above delivery period, without prior concurrence of the Purchase, such deliveries will not deprive the purchaser of his right to recover liquidated damages. However when supply is made within 2 weeks of the contracted original delivery period, the consignee may accept the stores and in such cases the provision of liquidated damages mentioned below will not apply. Should the bidder fail to deliver the stores or any consignment thereof within period prescribed for delivery the

Purchaser shall be entitled to recover 0.5% of the value of the delayed supply for

each week of delay or part thereof, for a period of 10 (TEN) weeks and thereafter at the rate of 0.7% of the value of the delayed supply for each week of delay or part thereof for another 10 (TEN) weeks of delay, subject to maximum of 10% of the value of the delayed supply; provided that delayed portion of the supply does not in any way hamper the commissioning of the systems. In case of package supply where the delayed portion of the supply materially hampers installation and commissioning of the systems, L/D charges shall be levied as above on the total value of the Purchase Order. Quantum of liquidated damages assessed and levied by the purchaser shall be


15

final and not challengeable by the supplier. On any occasion, when the liquidated damages recoverable exceeds 10% it shall be open to the BSNL to cancel the work order in respect of the portion of the work remaining incomplete. Government may at its discretion grant extension, if it is considered to be in the interest of the Government. In such an event, the liquidated damages are liable to be calculated based an such revised or extended time schedule. If such extension of revision of time limit is granted only after any liquidated damages have already become due and realisable, the same shall be recoverable from the supplier. In case the work in whole or part of it as required is not completed even in the extended time limit, further liquidated damages become liable and when the total liquidated damages realisable exceeds 10%, the BSNL has the option to cancel t he work order in respect of the portion of the work remaining incomplete. In such cases, the full amount of Security Deposit shall be forfeited to the BSNL, in addit ion to realisation of whatever liquidated damages become due. It will also be open for the BSNL to go in for purchase of the material /items/ carry out the work from any other sources and excess amount paid to the other party(s) if any, will be deducted from the security deposit or from whatsoever sources available to the BSNL including bills pending for payment.

Any amount which become due and recoverable from the Supplier on account of

liquidated damages or on account of any matter relating to this contract, shal1 also be recoverable from any sum that is due or any sum thereafter may become due to the contractor out of this contract or any other contract with the BSNL/ Government. Final Authority for imposition of liquidated damage rests with the Deputy General Manager.

FO RCE MAJEURE : 69. If at any time, during the continuance of this contract, the performance in whole or in

part by either party of any obligat ion under this contract shall be prevented or delayed by reason of any war, or hostility, acts of the public enemy, civil commotion, sabotage, fires, floods, explosions, epidemics, quarantine restrictions, act of God (Hereinafter referred to as 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 such 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 event may come to an end or cease to exist, and the decision of the Purchaser as to whether deliveries have been resumed or not shall be final and conclusive, provided further that if the performance, in whole or part of any obligat ion under this contract is prevented or delayed by reason of any such event for a period exceeding 30 days either party may, at his option terminate the contract.

ARBITRATION :

70. If any question, dispute or differences arise in the interpretation about the terms and conditions under this agreement /tender or otherwise, such disputes shall be referred to the sole arbitration of THE GENERAL MANAGER (GM.), Transmission Projects (TP), Madurai 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 additions to the functions of the GM., TP, Madurai or whatever designation such officer may be called (hereinafter referred to as the said officer) and if the GM. , TP,


16

Madurai, or the said officer is unable or unwilling to act as such to the sole arbitration of some other person appointed by the GM., TP, Madurai, of the said officer as per Rules. T here will be no object ion to any such appointment that the arbitrator is Govt. Servant/BSNL employee or that he has to deal with the matter to which the agreement relates or that in the course of his duties as BSNL employee/Govt. Servant he has expressed his 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 GM. 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 by his predecessors. T he arbitrator may from t ime to t ime with the consent of parties enlarge the t ime for making and publishing the award. Subject to aforesaid Indian Arbitration Act, 1940 and the Rules made, thereunder, any modification there of for the time being in force shall be deemed to apply to the arbitration proceeding under this clause. The venue of the arbitration shall be the office of GM., TP, Madurai or such other places as the arbitrator may decide.

71. Should any litigat ion still arise on any matter pertaining to this tender, the case shall be in a court having jurisdiction in (the place) of the officer calling the tender.

*******


17

AGREEMENT (proforma)

An agreement made this Date __________ Month____________ Year _________

between the BSNL represented by Divisional Engineer, Microwave Project, Coimbatore

hereinafter called the BSNL (which expression shall unless excluded by or repugnant to the

context, including successors and assignees) on the ONE PART and

M/s. ___________________ having its registered office at ________________________

(acting through its constituted Attorney) hereinafter called the 'Contractor' (which term shall

include their heirs, executors, successors and assignees) on the OTHER PART.

Whereas the Contractor have quoted for the supply of

____________________________________ as specified in the NIT vide No.

, and have agreed to complete the supply of the material

under the conditions described in the tender schedule which form part of this agreement at the

rate of Rs…………..(Rupees………………………………………….) as quoted in the

Tender Schedule.

Whereas the Contractor have paid security deposit of Rs. _______________ in form

of DD vide No: ……………….drawn in favour of ACCOUNTS OFFICER (Cash), O/o GM,

TRANSMISSION PROJECTS, BSNL, Madurai” payable at ‘Madurai’ as security for the

correct erection and completion of the work entrusted as per the tender conditions, in addition

to the EMD of Rs………… submitted in the form of DD vide No:…………….on favour of

ACCOUNT S OFFICER (Cash), O/o GM, TRANSMISSION PROJECTS, BSNL, Madurai”

payable at ‘Madurai’ submitted along with tender which forms part of security deposit .

And whereas, the contractor is ready and willing to carry out the work in accordance

with the contract.

Now the agreement witnessed and it is hereby agreed and declared as follows : 1. The T ender Notice, Instructions, T ender document, letter of intent no. _______ dtd

___________ (along with its enclosures) annexed hereto and such other additional

particulars, instructions, drawings as may be found requisite to be given during

execution of the work / supply shall be deemed and taken to be an integral part of the

contract and shall also be deemed to be included in the expression, contract or

"Contract Documents' wherever herein used.

2. In consideration of the payments to be made to the contractor for the works to be

executed by him, the contractor hereby covenants with the contract documents duly

provide, execute and complete the said work and shall perform all other acts, deeds,


18

matters and things in the contract mentioned or described or which are to be implied

therefrom or may be reasonably necessary for the completion of the said work and at

the time and in the manner and subject to the t erms and conditions of stipulations

mentioned in the contract.

3. In consideration of the due provisions, executions and completion of the said works,

the BSNL hereby agrees to settle the payment as per the conditions set out in the

tender conditions aft er satisfactory completion of work less deductions as admissible

if any and whereas the above two parties thus agree and set their hands and seal on

this day.

IN WITNESS WHEREOF the parties hereto have executed these presents the day and

year first above written.

Signed and Delivered By/for and on

behalf of CONTRACTOR

Signed for and on behalf of the BSNL at

At (P lace) : Place : on (date) :

Date :

In the Presence of :

In the Presence of :

1.

1.

2.

2.


PART - III


Table of Contents

Part - III

Sl. No. Content Page No.

1. QUOTATION 1


1

QUOTATION

To The Divisional Engineer , Microwave Project, Ground Floor, Type-V Quarters, Telephone Exchange Compound, Ganapathy, Coimbatore-641 006.

In response t o your Tender No. _____________________________________________________ I /

We _______________________________________________________________ hereby submit my / our

firm tender for supply of the items as below.

Sl No Item Unit

Rate inclusive of all taxes and duties

In figures In Words

1.


Per RCC Ring with Slab Set

The above offer is final. I / We hereby undertake to strictly abide by all the t erms and conditions set

forth in the tender notice & schedule pertaining to this t ender, issued under which I/ WE have received along with the tender. Thanking you,

Yours Faithfully,

SIGNAT URE : COMPANY SEAL AND DATE :

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