bid document - 210.212.239.99210.212.239.99/electrical2/civ_tender/o_820179_pta_4312opta.pdf · 8....

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BHARAT SANCHAR NIGAMLIMITED (A Govt. of India Enterprise) O/o The General Manager Telecom District Pathanamthitta Bid Document TENDER DOCUMENT FOR PAINTING OF PILLARS AND STICKING OF POSTERS ON THE PILLARS IN PATHANAMTHITTA SSA Tender No. N.5/CP/Tender / Pillar painting/PTA/2017-18/1 dated 8/8/2017 Cost of Tender document is Rs.590 /- : (500+ GST @ 18%) Last date of receipt of Tender Document : 28/8/2017 (14.30 Hrs) Date of Opening Tender : 28/8/2017 (15.00 Hrs)

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Page 1: Bid Document - 210.212.239.99210.212.239.99/electrical2/civ_tender/O_820179_PTA_4312opta.pdf · 8. Submission of cost of bid document: Cost of bid document (Non refundable)– DD

BHARAT SANCHAR NIGAMLIMITED

(A Govt. of India Enterprise)

O/o The General Manager Telecom District Pathanamthitta

Bid Document

TENDER DOCUMENT FOR

PAINTING OF PILLARS AND STICKING OF POSTERS ON THE PILLARS IN PATHANAMTHITTA SSA

Tender No. N.5/CP/Tender / Pillar painting/PTA/2017-18/1 dated 8/8/2017

Cost of Tender document is Rs.590 /- : (500+ GST @ 18%)

Last date of receipt of Tender Document : 28/8/2017 (14.30 Hrs)

Date of Opening Tender : 28/8/2017 (15.00 Hrs)

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2 Signature of tenderer

TABLE OF CONTENTS

Section Title Page No.

I NOTICE INVITING TENDER 3-4 II TENDER INFORMATION 05 III GENERAL SCOPE OF WORK- PART A &

PART B 06-07

IV GENERALTERMS AND CONDITIONS 08-18 V SPECIAL CONDITIONS OF CONTRACT 19-25 VI UNDERTAKING AND DECLARATION 26 VII TENDERER’S PROFILE 27 VIII BID FORM 28 IX LETTER OF AUTHORISATION FOR ATTENDING BID

OPENING 29

X FORMAT FOR CERTIFICATE REGARDING CLOSE RELATIVE WORKING IN BSNL

30

XI CERTIFICATE FORTENDER DOCUMENT DOWNLOADED FROM WEBSITE(ii)

31

XII FINANCIAL BID 32 XIII AGREEMENT PROFORMA 33-34 XIV REQUEST FOR EMD REFUND 35 XV FORMAT OF POWER OF ATTORNEY 36 XVI MANDATE FORM FOR ELECTRONIC

FUNDTRANSFER OF PAYMENTS 37

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SECTION I

NOTICE INVITING TENDER

No. N.5/CP/Tender/Pillar painting/PTA/2017-18/1 dated 8/8/2017

Sealed limited tenders in the prescribed form are invited by the General Manager, Telecom, BSNL,

Pathanamthitta from well reputed and experienced agencies / firms/ contractors for painting of pillars

and sticking posters on the pillars available in Pathanamthitta SSA.

Those who are having EPF, ESI, GST Registration and experience in similar works are eligible

for participating in this tender.

Schedule to the invitation of tender

1. Tender Number : No. N.5/CP/Tender/Pillar painting/PTA/2017-18/1 dated 8/8/2017

2. Description of work : Painting of pillars &sticking of posters available in Pathanamthitta SSA

3. Details of work

Name of work No.of pillars to be painted

Bid security (EMD) in Rs.

Cleaning , Painting of pillars and sticking of

marketing posters on the pillars in Pathanamthitta

SSA

380

Rs 4000/-

4.Designation and address of the authority inviting tender: AGM(NWP), O/o GMTD, BSNL

Thiruvalla 689101.

Cost of Tender Document: Rs.590/- (Rs. 500/- + GST @18%)

5.Accessibility of Tender document: Tender Documents can be downloaded from the website

www.keralatelecom.com or www.kerala.bsnl.co.in. The cost of tender document is Rs.590/-

(Rupees five hundred ninety only) . The Tender document shall not be available for download on its

submission/ closing date. A certificate regarding downloading of tender form from the site is to

attached with the tender document in the format given at section IX .

6. Submission of Tender: The duly completed and sealed bids can be dropped in to the Tender Box

kept at O/o AGM(NWP), BSNL, Bhavan, Tiruvalla -689101 or sent by Registered Post with

Acknowledgement Due. (Address: AGM (NWP), BSNL, BSNL Bhavan, Tiruvalla, Kerala –689101).

No separate acknowledgement will be given.

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7.Date and Time of submission of Tender document : As specified in the covering letter of this

tender document .(by 14:30 hours on 28/08/2017)

In case the date of submission (opening) of bid is declared to be a holiday, the date of submission

(opening) of bid will get shifted automatically to next working day at the same scheduled time. Any

change in bid opening date due to any other unavoidable reason will be intimated to all the bidders

separately.

8. Submission of cost of bid document:

Cost of bid document (Non refundable)– DD / Bankers cheque for Rs.590/- drawn from any

nationalized/scheduled bank in favour of AO (Cash), O/o GMT, BSNL,Tiruvalla- 689101 payable

at Tiruvalla shall have to be submitted towards tender fee along with the tender bid failing which

the tender bid will be rejected.

9. Tender bids received after due time & date will not be accepted.

10. Incomplete, ambiguous, Conditional, unsealed tender bids are liable to be rejected.

11. BSNL is not bound to accept the lowest tender.

The tender , which is not accompanied by the requisite Cost of Bid document and Bid

Security, shall be summarily rejected. Tender will not be accepted / received after expiry date and

time. GMT Pathanamthitta reserves the rights to reject any or all the tenders without assigning any

reason whatsoever. For further details visit our website www.keralatelecom.com or

www.kerala.bsnl.co.in

Asst.General Manager (NWP)

O/o GMT, BSNL Bhavan,

Tiruvalla – 689 101

Ph. 0469-2600150

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SECTION -II

Tender information

Type of tender:

1. Bid for each tender should be submitted in single Envelope system ,the envelope will contain both

technical and financial bid .

2.The bid should be properly sealed (with sealing wax/packing PVC tape). tape). The tenders which

are not submitted in the above mentioned manner shall be summarily rejected.

3.The envelope must bear the following:

Tender for painting of pillars & sticking of posters on pillars in Pathanamthitta SSA.

“NOT TO OPEN BEFORE 1500 hours on 28/8/2017

No. N.5/CP/Tender/Pillar painting/PTA/2017-18/1 dated 8/8/2017

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SECTION III

GENERAL SCOPE OF WORK-PART A

Scope of work:

1.The pillar shell should be cleaned thoroughly and one coat of red oxide metal primer shall be applied on all

surfaces ie inside and out side .After it is dried up, two coats of exterior quality enamel paint of approved

colour of reputed brand shall be applied. Cleaning & Painting of pillar plinth(Zebra line) should be done. Sign

writing shall be carried out in capital letters of height 5 cms and width 2.5 cms (2” x 1”) and as per

instructions of Engineer in charge. Marketing materials /posters supplied by the marketing wing are to be

pasted in the appropriate space in the pillar as specified by this office. The following contents shall be sign

written on the face of the pillar shell.

Name and Logo of the department (BSNL& Emblem)

Name of exchange in full and Pillar No.

‘STICK NO BILLS’ should be written on front side top.

2. Approximate no of pillars of each category for painting is given under Section XII. The quantity mentioned is

only approximate and BSNL is empowered to increase or decrease quantity up to 25% without any change in

terms and conditions at the time of award of contract and on exceptional circumstances up to 50 %.

3. Validity of tender : 180 days from the date of acceptance of tender.

4. Period of Contract : One Year from the date of agreement (Until otherwise specified) or completion of work put

to tender, whichever is earlier. However BSNL reserves the right to extend the tender for further one year under

the same terms and conditions on mutual agreement.

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GENERAL SCOPE OF WORK-PART B

SCHEDULE OF REQUIREMENT

Approximate number of pillars to be painted

Sl.No

Type(size) of pillars No.of pillars

1 Single pillar/Double pillar with different capacity(200pr to 2000 pr)

380

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SECTION IV

GENERAL TERMS AND CONDITION OF CONTRACT

1. DEFINITIONS

(a) "The Purchaser" means the Bharat Sanchar Nigam Ltd. (BSNL),Pathanamthitta SSA.

(b) "The Bidder" means the individual or firm who participates in this tender and submits its bid.

(c) "The Supplier" or “The Vendor” means the individual or firm supplying the goods under the contract. (d) "The Goods" means all the equipment, machinery, and/or other materials which the Supplier is required to supply to the Purchaserunder the contract. (e) "The Advance Purchase Order" or “Letter of Intent” means the intention of Purchaser to place the Purchase Order on the bidder. (f) "The Purchase Order" means the order placed by the Purchaser on the Supplier signed by the Purchaser including all attachments and appendices thereto and all documents incorporated by reference therein. The purchase order shall be deemed as "Contract" appearing in the document. (g) "The Contract Price" means the price payable to the Supplier under the purchase order for the full and proper performance of its contractual obligations. (h) "Validation" is a process of testing the equipment as per the Generic Requirements in the specifications for use in BSNL network. Validation is carried out in simulated field environment and includes stability, reliability and environmental tests. (i) “Successful Bidder(s)” means the bidder(s) to whom work in this tender is awarded. (j) The term 'GST Act' shall include Central Goods and Service Tax Act, 2017 (CGST), State Goods and Service Tax Act, 2017 (SGST), Integrated Goods and Service Tax Act, 2017 (IGST), Union Territory Goods and Service Tax Act, 2017 (UTGST), Rules and any other GST related legislation in India

1.Tender should be addressed to Assistant General Manager(NWP),Office of the General Manager

Telecom,BSNLBhavan,Thiruvalla and should reach him on or before 14.30 hrs on 28/8/2017 Envelope

containing the Tender should be properly sealed with sealing wax or packing tape and super scribed as

“Tender for painting of pillars in Pathanamthitta SSA”.

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2.Tenders can either be sent by registered post with acknowledgement due or can be deposited in the box provided

for the purpose in the office of AGM(NWP),BSNL Bhavan,Thiruvalla.No separate acknowledgement will be

given.BSNL will not be responsible for any delay in transit of tender sent by post or any other means.

3.Bid Security(EMD): The bidders have to submit Bid Security (EMD) for an amount of Rs.4000/--(Rs.Four

thousand only) in the form of Crossed DD drawn in favour of the Accounts Officer (Cash), O/o GMT, BSNL,

Thiruvalla obtained from any Scheduled / Nationalised bank and payable at Thiruvalla or EMD may be deposited at the cash counter,O/o GMT,BSNL,Thiruvalla and the receipts obtained in the form of ACG-67 should be

attached with the tender .

Those bids which are not accompanied with the EMD are liable to be rejected. The EMD of unsuccessful bidders

will be refunded after finalisation of the tender. EMD will not bear any interest.

The bidder will have to submit an advance stamped receipt in the prescribed format as per section XIV.

4. Experience Certificate

4.1Experience certificate of minimum one year experience, for painting of pillars from an Officer not below the

rank of a Divisional Engineer Telecom, BSNL, under Kerala Telecom Circle should be produced.

4.2 List of Documents for eligibility requirement as mentioned in Para 8 of this document.

5.Cost of bidding

The bidder shall bear all costs associated with the preparation and submission of the bid.BSNL will , in no case ,

be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process.

6. Amendment of Bid document:

At any time prior to the date of submission of bids, the customer may, for any reason whether at its

own initiative or in response to a clarification requested by a prospective bidder, modify the bid

documents by amendment.

7.Documents comprising the bid

7.1The bid prepared by the bidder shall ensure availability of the following components:-

i) Documentary evidence establishing that the bidder is eligible to bid and is qualified to perform the

contract if its bid is accepted in accordance with clause 4 & 8

ii) Bid security furnished in accordance with clause 3

iii)A clause by clause compliance as per clause 30

iv) Rate schedule completed in accordance with clause 13 & 14.

7.2 The Bidder is expected to examine all instructions, forms, terms and specifications in the Bid

Documents. Failure to furnish all information required as per the Bid Documents or submission of

bids not substantially responsive to the Bid Documents in every respect will be at the bidder’s risk

and may result in rejection of the bid.

8.The bidder should submit the following documents with the tender document.

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8.1.DD/Cash receipt of Rs.590/- towards cost of tender form.

8.2.DD/Cash receipt of Rs. 4000 /- towards EMD.

8.3.Tender document(s) in original, duly filled in and signed by tenderer or his authorised

representative along with seal on each page. All corrections and overwriting must be initialed

with date by the tenderer or his authorised representative.

8.4.Attested copy of Experience certificate .

8.5.Attested Copy of PAN card

8.6.Attested copy of GST registration certificate.

8.7. Article of Association , Memorandum of Association , partnership deed or proprietorship deed as the

case may be wherever required.

8.8. Copy of EPF & ESI Registration, duly attested .

8.9. Other related documents , photocopy of Banker details along with name of bank and A/C No. and Address proof etc.

8.10. Certificate of incorporation wherever applicable

8.11. The authorization of the competent authority for signing the tender document, bid agreement etc. in case of partnership firms.

8.12 License from the Central Labour Commissioner if the number of workers under him is 20 or more after

awarding the work . 8.13 Declaration for compliance of EPF & misc. provision Act 1952. 8.14 Necessary certificate in case of tender form down loaded from internet.

9.Security deposit

9.1. 5% of the total contract amount is to be deposited by the successful tenderer at the concerned

SSA/unit before signing of the agreement as security deposit.

9.2 The security deposit can be remitted by Cash/demand draft drawn in favour of the Accounts

Officer(Cash),BSNL,O/o GMT, Thiruvalla and payable at Thiruvalla. EMD remitted by the successful

tenderer can be adjusted against the Security deposit, balance received only be payable.The security

deposit will be refunded after six months from the date of payment of the final bill during the contract

period/extended period after meeting all the contractual obligations.

9.3. EMD and Security Deposit will not bear any interest.

10. Period of bid validity: The tender will remain open for acceptance up to 180 days from the date of opening of the tender. In exceptional

circumstances, the customer may request the bidder’s consent for an extension to the period of bid validity. The

request and response thereto shall be made in writing. The period of discharge of EMD provided under clause 3

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shall also be accordingly extended. A bidder accepting the request of period extension of the validity of bid will not be permitted to modify any of the terms and conditions of the bid.

11. Format and signing of Bid: 11.1 All pages of the bid shall be signed by the tenderer/authorised signatory of the firm. The bid submitted shall

be properly sealed.

11.2 Corrections/Alteration: Each correction/alteration in the bid document has to be necessarily authenticated by

the authorized representative of the bidder under his signatures.

11.3 Complete document of bid in original duly filled and signed by the authorized representative of the bidding

company, on each page of the document, has to be submitted as bid document in accordance with the instructions

given under the submission of bid.

12. Power of Attorney:

12.1) The power of attorney should be submitted and executed on the non-judicial stamp paper of appropriate

value as prevailing in the respective states and the same may be attested by a Notary Public or registered before Sub-Registrar of the state(s) concerned as per Section XV.

12.2) The power of Attorney be executed by a person who has been authorized by the Board of Directors of the

bidder in this regard, on behalf of the Company/institution/body corporate. 12.3) In case of the bidder being a partnership firm, the said Power of attorney should be executed by all the

partner(s) in favour of the said Attorney.

13.The contractor shall quote the rate per pillar for each type .The rate quoted shall be inclusive all the taxes and levies except GST.

14.The rate should be quoted in the Rate schedule proforma attached along with the tender

document(Section XII), in figures and in words in English. If there is a discrepancy between words and

figures, the amount in words shall prevail.. No overwriting is allowed.

15.Submission of bids

15.1Bids must be submitted by the bidders on or before the specified date & time indicated in clause 7

of section I. 15.2 The BSNL may, at its discretion extend this deadline for the submission of the bids by amending the bid

documents in accordance with Clause 6. In such case all rights and obligations of BSNL and bidders previously subject to the deadline will thereafter be subject to the deadline as extended.

16. LATE BIDS:

Any bid received by BSNL after the deadline for submission of bids prescribed by BSNL pursuant to Clause 15.1, shall be rejected and returned unopened to the bidder.

17. MODIFICATION AND WITHDRAWAL OF BIDS:

17.1 The bidder may modify or withdraw his bid after submission provided that the written notice of the

modification or withdrawal is received by BSNL prior to the deadline prescribed for submission of bids.The latest dated modifications of the bidder or the withdrawal notice will be taken as final.

17.2 The bidder's modification or withdrawal notice shall be prepared, sealed, marked and dispatched as required

in the case of bid submission in accordance with the provision of clause 18. A withdrawal notice may also be sent by telex/Fax but followed by a signed confirmation copy by post, marked not later than the deadline for

submission of bids.

17.3 Subject to clause 19, no bid shall be modified subsequent to the deadline for submission of bids.. 18.BID OPENING AND EVALUATION

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Opening of bids :

18.1 The BSNL shall open the bids on the date and time mentioned in the NIT or on the adjourned date as may be

notified later, in the presence of bidders or their authorized representatives who choose to attend, at due time on

due date at address specified in Section I. The bidder’s representatives, who are present, shall sign in an attendance register. Authority letter to this effect shall be submitted by the bidders before they are allowed to participate in bid

opening (Format is given in section IX).

18.2 A maximum of two representatives for any bidder shall be authorized and permitted to attend the bid opening.

18.3 The BSNL shall examine the bids to determine whether these are complete and are generally in

order,without computational errors,with required enclosures and appropriate documents. Bids without quoting

for all the items will not be evaluated. 18.4 The Bidder's name, Bid prices, modifications, bid withdrawals and such other details as the

purchaser, at its discretion, may consider appropriate; will be announced at the opening.

18.5 The date fixed for opening of bids, if subsequently declared as holiday by the BSNL, the revised date of schedule will be notified. However, in absence of such notification, the bids will be opened in the next working

day, time and venue remaining unaltered.

19. CLARIFICATION OF BIDS FROM BIDDERS:

To assist in the examination, evaluation and comparison of bids, BSNL may, at its discretion ask the bidder for the

clarification of its bid. The request for clarification and the response shall be in writing. However,no post bid clarification at the initiative of the bidder shall be entertained. 20. PRELIMINARY EVALUATION:

20.1 BSNL shall evaluate the bids to determine whether they are complete, whether any computational errors have been made, whether required sureties have been furnished, whether the documents have been properly signed and

whether the bids are generally in order.

20.2 If there is a discrepancy between the words and figures, the amount in words shall prevail. If the bidder does

not accept the correction of the errors, his bid shall be rejected. 20.3 Prior to the detailed evaluation, pursuant to clause 22, the BSNL will determine the substantial responsiveness

of each bid to the Bid documents. For purposes of these clauses, a substantially responsive bid is one which

conforms, to all the terms and conditions of the Bid Documents without material deviations. BSNL's determination of bid's responsiveness is to be based on the contents of the bid itself without recourse to extrinsic evidence.

20.4 A bid determined as substantially non-responsive will be rejected by BSNL and shall not subsequent to the

bid opening be made responsive by the bidder by correction of the non-conformity.

21. Waiving of minor infirmity

The BSNL may waive any minor infirmity or non-conformity or irregularity in a bid which does not constitute a

material deviation, provided such waiver does not prejudice or affect the relative ranking of any bidder.

22. Evaluation of substantially responsive Bids:

22.1 The BSNL shall examine the bids to determine whether these are complete and are generally in

order,without computational errors,with required enclosures and appropriate documents. Bids without

quoting for all the items will not be evaluated.

23.Evaluation Criterion

23.1. Evaluation will be made on the basis of estimated quantity x price quoted for each item,ie,on the basis of the total cost obtained by multiplying the quoted rate for each size of pillar to be painted with number of such

pillars mentioned as approximate estimated quantity for painting vide Section XII and then summing up for all

types of pillars to be painted ,but excluding GST.

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23.2.It may be noted that the methodology given in clause 23.1 is applicable only for the purpose of

evaluation of bids and shall have no bearing on actual quantity of pillars offered for painting/total

payment to be made for the work to be carried out.

24. Award of Contract 24.1 The BSNL will consider issue of Letter of Intent (LOI) to the lowest bidder amongst those who

meets the eligibility requirements as mentioned in Clause 4 and agreeable to all terms and conditions.

The bidder shall within 10 days of issue of LOI give its acceptance and furnish security deposit as

mentioned in clause 9 and sign the contract with BSNL. The signing of contract shall constitute the

award of the contract on bidder.

24.2.BSNL shall enter into Annual contract with the successful bidder, based on the terms and

conditions of the bid document. The agreement as per Section –XIII, shall be executed in non judicial

stamp paper for Rs.200/-. The cost of the stamp paper shall be borne by the bidder.

24.3 After award of contract to the approved bidder the officer designated by the SSA

head/competent authority shall issue the work orders for commencement of the work.

24.4 After awarding of the contract, BSNL reserves the right to add/delete the number of pillars offered

for painting at any station.

24.5Annual contract charges, terms and conditions of this tender etc. shall be valid in full, throughout

the contract period. The above Annual contract shall be signed between AGM(NWP), O/o the GMT,

BSNL, Thiruvalla and the chosen contractor. The signing of agreement shall constitute the award of

contract of the bidder.

24.6 Issue of work order: After award of contract to the approved bidder the officer designated by the

SSA head/competent authority (concerned DE) shall issue the work orders for commencement of the

work.. The time allowed for execution of work will be specified in the work order given by the DE

25. Right to vary quantum of work

BSNL shall have the right to increase or decrease the total number of pillars offered for painting at

any station under section XII up to 25% of the total requirement without any change in the rate or

other terms and conditions at the time of award of contract or during the operation of contract.

26. BSNL'S RIGHT TO EXTEND TIME OF AWARD:

The BSNL reserves the right to extend the contract period further for a period of 1 year duration to the

same bidders after the expiry of the initial contract period. The payment of the same will be made on

the same rates as applicable to initial contract period with the applicability of all terms and conditions

as mentioned in this bid document. The Bidders should submit the Performance Bank Guarantee equal

to the amount of 30% of contract charges of one year and having validity of One and half year before

start of the contract agreement for the extended period.

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27. Purchaser’s right to accept any bid and to reject any or all bids:

The BSNL reserves all rights to accept or reject wholly or partially any or all bids, at any time prior

to award of contract without assigning any reasons and without incurring any liability of customer’s

action on the above grounds, to the affected bidder(s). The decision of GMT BSNL Pathanamthitta

shall be final in this regard.

28..Near relatives of BSNL Employees either directly recruited or on deputation are prohibited from

participating in tenders in different units of BSNL.The near relatives for this purpose means:-

a.Members of Hindu Undivided family,

b.Husband and wife.

c.The one is related to the other in the manner as father, mother, sons, daughters, daughters-

in- law, sons-in-law, brother, brother’s wife, sister, sister’s husband.

A certificate to this effect be given in the prescribed format enclosed.(Section X)

29. TERMINATION OF CONTRACT:

29.1. The General Manager, BSNL, Pathanamthitta reserves the right to terminate the contract by

giving notice of 15 days in writing without assigning any reason ,there of. The period of 15 days will

count from the date of despatch of the notice. The BSNL shall not be liable for payment of any

compensation for any loss that the contractor may be put to or alleged to be put to on account of such

termination.

29.2. The General Manager Telecom, BSNL Pathanamthitta reserves the right to terminate the contract

and to forfeit the Security Deposit of the contractor in the following reasons.

(i) In case the Contractor fails to carryout the work during the contract period.

(ii). If the works of the contractor is found unsatisfactory / violation of any or all terms and conditions

of this tender shall lead to termination of contract.

30. Clause by Clause Compliance: All the conditions in the bid documents are critical and are to be complied and non-compliance of any

clause of the bid document shall result in outright rejection of the bid.

31.The tenderer is being permitted to give tenders in consideration of the stipulations on his part that

after submitting his tenders, he will not resile from his offer or modify the terms and conditions thereof.

If the tenderer fails to observe and comply with the foregoing stipulation the aforesaid amount of EMD

will be forfeited. In the event of the offer made by the tenderer not being accepted, the amount of

earnest money deposited by the tenderer will be refunded to him after he has applied for the same,in the

manner prescribed by BSNL.

32.The sections of the tender form should be returned intact and pages should not be detached.

Overwriting/erasing in rates to be quoted by the tenderer will not be allowed otherwise the tenders may

be rejected.

33. The tenders are liable to be ignored if complete information as required is not given therein or if the

particulars asked for in the sections to the tenders is not fully filled in.

34..If the tenderer does not accept the offer, after issue of letter of award by BSNL within 10 days, the

offer made shall be deemed to be withdrawn without any notice & earnest money forfeited.

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35..In caseof partnership firms, where no authority has been given to any partner to execute the

contract/agreement concerning the business of the partnership, the tenders and all other related

documents must be signed by every partner of the firm.A person signing the tender form or any other

documents forming part of the contract on behalf of another shall be deemed to warranty that he has

authority to bind such other and if,on enquiry it appears that the persons so signing had no authority to

do so,BSNL shall without prejudice to other civil and criminal remedies cancel the contract and hold

the signatory liable for all costs and damages.Each page of the tenders and the sections to the tenders

and annexures , if any should be signed by the tenderer.

36. The rates quoted by each firm for providing services under work contract in tenders are to be

given both in words and figures failing which the same is liable to be rejected. Tenderer is at liberty to

be present or to authorise a representative to be present at the time of opening of the tenders.The

authorised representative should produce letter of authorisation from the tenderer for attending bid

opening as per section IX.

37. BSNL Pathanamthitta is not bound to accept the lowest or any other tenders and also reserve to

itself the right of accepting the tenders in whole or in part. The bidder is

however at liberty to tenders for the whole or any portion or to state in the tenders that the rates quoted

shall apply only if the tenders are considered fully. Other conditional Tenders will not be accepted.

38. An amount of 5% of total contract value for the contract period as a security deposit in the form of

crossed demand draft for the contract is to be deposited by the selected agency/successful tenderer

only after receiving a communication from BSNL Pathanamthitta. In the event of nondeposit of the

same, the earnest money deposit will be forfeited.

39.Taxes made applicable after awarding the contract in respect of this contract shall be payable by

contractor and BSNL will not entertain any claim whatsoever in this respect. (However the service

taxes or any other tax which is as per the rules of the Govt. shall be deducted at source from monthly

bills of the successful tenderer, as per rules/instructions made applicable from time to time by

government.)

40.. GMT,Pathanamthitta reserves the right to reduce or terminate the period of contract or to extend

its duration in the interest of the department, for any justifiable reasons, not mandatory to be

communicated to the tenderer.

41. Decision of the GMT,Pathanamthitta shall be final for any aspect of the contract and binding to

parties. Disputes arising, if any on the contract will be settled at his/her level by mutual consultation

and in case of failure of settlement dispute shall be referred to the sole arbitrator to be appointed by the

GMT,Pathanamthitta. The decision of the sole Arbitrator so appointed shall be final and binding on the

parties.Arbitration proceedings shall be governed by the Arbitration & Conciliation Act, 1996.

42. Acceptance by the BSNL will be communicated by letter or any other form of communication.

Formal letter of acceptance and work order of the Tenders will be forwarded as soon as possible, but

the earlier instructions in the letter s Pathanamthitta hould be acted upon immediately.

43 The rate should be quoted keeping in view all statutory liabilities (like minimum wages, EPF, ESI,

GST etc.), other factors like service charge,cost of input etc.

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44..DISPUTE AND ARBITRATION:

i)In the event of any question, dispute or difference arising under this tender or in connection there with

except as to matter the decision of which is specifically provided under this tender, the same shall be

referred to sole arbitration of the Chief General Manager Telecom, BSNL, TVM in case his designation

is changed or his office is abolished then in such case to the sole arbitration of the Officer for the time

being entrusted whether in addition to the functions of the General Manager

Telecom, BSNL, Pathanamthitta or by whatever designation such Officers may be called (hereinafter

referred to as the said officer) and if the General Manager Telecom or the said officer is unable or

unwilling to act as such the sole arbitration some other person appointed by the General Manager

Telecom BSNL Pathanamthitta or the said Officer . The agreement to appoint as Arbitrator will be in

accordance with the Arbitration and Conciliation Act 1996

There will be no objection to any such appointment that the Arbitrator is BSNL Servant or that he

has to deal with the matter to which the agreement relates or that in the course of his duties as

BSNL servant he has expressed views on all or any of the matter under dispute. The award of the

Arbitrator shall be final and binding on the parties in the event of such Arbitrator to whom the matter is

originally referred, being transferred or vacating his office or being unable to act for any reasons

whatsoever, such General Manager Telecom BSNL Pathanamthitta or the said officer shall appoint

another person to act as Arbitrator in accordance with terms of the agreement and the person so

appointed shall be entitled to proceed from the stage at which it was left out by his predecessors.

ii). The Arbitrator may from time to time with the consent of parties enlarge the time for making and

publishing the award. Subject to aforesaid Arbitration and Conciliation Act 1996 and the Rules made

there under, any modification thereof for the time being in force shall be deemed to apply to the

Arbitration proceeding under this clause.

iii). The venue of the arbitration proceeding shall be the office of the GM Telecom, BSNL,

Pathanamthitta or such other places as the Arbitrator may decide.

45..SUBMISSION OF BILLS:

Bills are to be submitted in triplicate on work order basis to the concerned Sub Divisional

Engineer.The work order in original should be attached along with the bill.Advance stamped receipt

may also be submitted along with bill. GST registration number( GSTIN) of the contractor should invariably

be written on all bills. The Contractor shall enclose the payment copies of the previous months EPF, ESI

Statement contribution.

46. PAYMENT OF BILLS:

a. On receipt of the bills, the SDEs concerned, should forward the bills duly passed along with duly

certified to the effect that the work has been carried out satisfactorily. penalty due if any, through the

respective DEs for arranging payment.

b . BSNL will make payment to supplier only after the invoice is uploaded by supplier in GST outward

return i.e. GSTR-1 and credit of GST is available (reflected in GSTR-2A) to BSNL.

c. Payment terms: 100 % payment on receipt of bills of completed works. Income tax at the prevailing rates will be

deducted from each bill.

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d. The contractor will not be eligible to get interest on the amounts due in the pending bills in case the bill(s) are delayed due to unavoidable reasons. Income Tax / Work Contract Tax or any other taxes payable as per Rules will

be deducted from the bill of the contractor.

47..e-payment

47.1In cities /areas where ECS/EFT facility is provided by banks, the bidder must have accounts in such ECS/EFT facility providing banks and that bank account number shall be quoted in the bids by the bidder.The

cost of ECS/EFT will be borne by BSNL in all cases where the payment to Contractor is made in a local

branch i.e; bidder is having bank account in the same place where the payment is made by BSNL unit.

47.2.In case payment is made to outside branch i.e: bidder is having 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.

47.3.The bidder must submit the Mandate form (Section XVI)for transfer of payment through Electronic

Clearance/Electronic Fund transfer.

47.4 .In case e-payment is not possible ,payment shall be made by Account payee cheque

47.5. Any increase in Taxes or other statutory duties / levies shall be to the contractor's account.

However, the contractor shall pass on benefit of any decrease in the taxes / duties to the purchaser..

48.SET OFF :

Any sum of money due and payable to bidder (including security deposit refundable to him) under this

contract may be appropriated by the purchaser / BSNL or any other person or persons contracting through the BSNL and set off the same against any claim of BSNL or such other person or persons for payment of a sum

of money arising out of this contract or under any other contract made by bidder with BSNL or such other

person or persons contracting through the BSNL.

49. FORCE MAJEURE

If any time, during the continuance of this contract, the performance in whole or in part by either party or any

obligation under this contract is prevented or delayed by reason of any war, or hostility, acts of the public

enemy, civil commotion sabotage, fires, floods, explosions, epidemics, quarantine restrictions, strikes,

lookouts or act of God (Herein after 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 work

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 BSNL as to whether the work have been so resumed or not shall be final and

conclusive, provided further that if the performance, in whole or part of any obligation under this contract is

prevented or delayed by reason of any such event for a period exceeding 60 days either party may, at his

option terminate the contract.

50.INSOLVENCY OR DEATH OF contractor:- In the event of the contractor being, adjudged insolvent or going voluntarily into liquidation of having

received order or other order under insolvency act made against him or in the case of Company, of the

passing resolution, or making of any order for winding up whether voluntarily/or otherwise, or in the event

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of the contractor failing to comply with any of the conditions here in specified, the GMT

,Pathanamthitta shall have the power to terminate the contract without any notice.

i. contractor's heirs/representatives shall, without the consent in writing of the GMT, Pathanamthitta

have no right to continue to perform the duties or engagement thereof, the contractor under the contract

in case of his death. In the event of the contractor, winding

up his company on account of transfer or merger of his company with any other, the

contractor shall make it one of the terms and stipulations of the contract for the transfer of his

properties and business, that such other person or company, shall continue to perform the duties or

engagement of the contractor under this contract and be subject to his liabilities there under.

ii. Without prejudice to any of the rights or remedies under this contract, if the contractor

dies, the GMT, Pathanamthitta shall have the option of terminating the contract without

compensation to the contractor, which does not amount to Breach of the contract.

iii.If contractor without written approval of Competent Telecom Authority assign or sublet his

contract, or attempt to do so, or become insolvent or commence any insolvency proceedings or

make any composition with his creditors or attempt to do so, or if any bribe gratuity, gift,

loan, perquisite, reward or advantage pecuniary or otherwise, shall either directly, or indirectly,

be given, premised or offered by the contractor, or any of his servants or agent to any public officer

or person in the employment of Government in any way relating to the office or employment, or

if any such officer or person shall become in any way directly or indirectly interested in the

contract, the GMT, Pathanamthitta shall have power to adopt any of the courses as he may deem

fit in the interest of BSNL.

iv. Where the contractor is a partnership firm, the previous approval in writing of the GMT,

Pathanamthitta shall be obtained before any change is made in the constitution of the firm. Where

the contractor is an individual or a Hindu undivided family business concern such approval as

aforesaid shall likewise be obtained before the contractor enters into any partnership agreement

where under the partnership firm would have the right to carry out the work hereby

undertaken by the contractor. If previous approval as aforesaid is not obtained, the contract shall

be deemed to have been assigned in the contravention of terms of tender and the same & action

may be taken accordingly.

51.Court Jurisdiction : Subject to the Arbitration here in above provided, any suit or proceedings to

enforce the right of either of the parties hereto under this agreement shall be instituted and tried only

by the court in city of Thiruvalla, Kerala,and by no other court and both the parties hereto hereby

expressly agreed to submit to the jurisdiction of such court.

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SECTION V

SPECIAL CONDITIONS OF CONTRACT

1.BSNL reserves all rights to accept or reject wholly or partially any or all bids, at any time prior to award of

contract without assigning any reasons and without incurring any liability of customer’s action on the above

grounds, to the affected bidder(s).

2. The rate may be quoted in the Rate schedule proforma attached along with the tender document(Section

XII), in figures and in words in English.If there is a discrepancy between words and figures,the amount in

words shall prevail. The offer shall be firm in Indian Rupees.The rate quoted should be all inclusive except service tax which will be paid as applicable.

3. The prices quoted by the bidder shall remain firm and final during the entire period of contract and shall not be subjected to variation on any ground. In the case of downward revision of statutory levies/taxes during the

contract period, such benefits will be passed on to BSNL. Incomplete and/or conditional quote shall not be

considered.

4. The tender will be accepted based on the report submitted by the Tender Evaluation Committee nominated

by GMT, Pathanamthitta. Tenderer whose tender is accepted will have to execute an agreement,as per Section

XIII, in a stamped paper worth Rs.100/-within 10 days of being asked to do so,failing which the EMD will be forfeited to the BSNL and the tenderer will be backlisted for one year from participating in any tender floated

by the SSA..After execution of the agreement,the approved rate and contract shall be valid upto one year from

the date of execution of agreement and can be extended upto a period of one year or till the finalization of a

new tender,whichever is earlier, if both the parties are agreeable for the same terms and conditions.

5. The GMT, Pathanamthitta reserves the rights:

a. To accept or reject any or all the Tenders including the lowest in part or full or annul the tendering process or to cancel the tender without assigning any reasons thereof.

b. If the rate quoted is more than the maximum workable rate, the tender is liable to be rejected

c. To extend the period of CONTRACT to another one year, if found necessary.During such extended period

also, the same terms and conditions shall be applicable.

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d. To engage more than one contractor for the work or to do any work by BSNL. In such cases, work will be awarded to 2 bidders,L1 and L2. Award of work to L2 bidder will be at L1 price subject to acceptance of L1

rates.The quantum of work to L1 and L2 will be distributed as per the following. However the discretion of

the purchaser in this regard shall be final and binding.

No.of bidders Distribution of quantity

2 L1 60% L2 40%

In the event of L2 and so on bidders refusing to accept the work at L1 rates, BSNL reserves the right to place

the order for entire quantity to the L1 bidder. The additional quantity due to non acceptance of respective

quantity by L2 or L3 and so on bidders , shall be executed by L1 as part of whole contract.

6. Approximate no of pillars of each category for painting is given under Section XVII : The quantity

mentioned is only approximate and BSNL is empowered to increase or decrease quantity up to 25%

without any change in terms and conditions at the time of award of contract.

7. Bids shall be quoted as per the tender document and the tender document should not be altered /

modified. Altered / modified document shall summarily be rejected. In the case of tender documents downloaded from web site, a declaration as per Section XI(ii) is to be attached.

8.Tenders will be opened at 15.00 hrs on 28/08/2017 by the undersigned or by such of whom he may

authorise on his behalf at his office in the presence of those tenderers or by their authorized agents who will

be present at the time of opening of the tenders.If the date fixed happens to be closed holiday,the tender will be opened on the next working day at the same time. The authorized agents should produce letter of

authorization from the tenderer for attending the tender opening as per Section IX. .

9. Tenders unsealed or received late will be straight away rejected.Covers which are pasted with gum or

stapled,will not be considered.Only one tender should be included in one cover. Tender document issued to

one supplier is not transferable to others.Cost of the tender form will not be refunded in any circumstance.

10. The person or persons signing the bid shall sign all pages of the original tender document..

11.If the performance of the successful tenderer is not satisfactory, the concerned unit officer should intimate the fact in writing to the tenderer. If there is no improvement, the agreement with the tenderer is

liable to be cancelled followed by the forfeiture of EMD/SD and black listing the tenderer for a period of one

year.

12.If low quality materials are used for the work,the unit head (SDE/JTO) has the liberty to ask the

contractor to remove such materials and use quality materials . Using substandard materials is a sufficient

reason to terminate the contract and to blacklist the contractor.

13.Warranty of the painting works shall be for a minimum period of one year from the date of

completion of the work .

14. The employees deployed for the work should be disciplined in the premises of BSNL.

15.The contractor shall not sublet the work without prior written permission of the BSNL.

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16.The contractor or his workers shall not misuse the premises allotted to them for any purpose

other than for which the contract is awarded.

17.The workers provided by the agency under this contract will not be the employee of the BSNL and

there will be no employer employee relationship between the BSNL and the person so engaged

by the contractor in the aforesaid services.

18.Payment for work under the contract will be made after completion of all works specified in the

work order upon submission of pre receipted bill.

19.The Tenders should indicate the lumpsum amount in respect of all the services covered under this

contract. No request for alteration in the rates once quoted will be permitted within one year.

20.The rates to be quoted should include cost of each and every item including transportation cost,

manpower cost and (taxes etc). BSNL shall not bear any extra charge on any account whatsoever i.e.

EPF contribution, Uniform, OTA etc.

21. All the safety measures required during the execution of the work shall be ensured by the

contractor. The contractor should have arranged insurance coverage for all the employees deployed

for any kind of such works. Any unexpected eventuality happened during the execution of the work

in the contract period shall be covered under the responsibility of the contractor. BSNL is fully

exempted from the responsibility of such unexpected acts.

22.The contractor will discharge all his legal obligations in respect of the workers/supervisors to be

employed/ deployed by him for the execution of the work in respect of their wages and service

conditions and shall also comply with all the rules and regulations and provisions of law in force that

may be applicable to them from time to time.

23.The contractor shall indemnify and keep indemnified the BSNL from any claims, loss or damages

that may be caused to it on account of any failure to comply with the obligations under various laws.

In case of any dispute, the decision of GMT,BSNL,Pathanamthitta shall be final and binding on the

contractor.

24.Income Tax will be deducted from the payments due for the work done as per rule.

25.The Contractor must employ adult employees only. Employment of the child labour may lead to

the termination of the Contract.

26.The contract is subject to the condition that the tenderer will comply with all the laws and acts of

Central Govt., State Govt. relating to this contract made applicable from time to time.

27.Risk Clause: BSNL Pathanamthitta reserves the right to discontinue the service at any time, if the

services are found unsatisfactory by giving a show cause to be replied within a week and also has the

right to award the contract to any other agency at the risk and cost of current agency and excess

expenditure incurred on account of this can be recovered from Security deposit or pending bills or by

rising a separate claim.

28.The BSNL will not be responsible either to the Contractor or to its workers deployed at these

work points for any medical assistance/injuries/death or any kind of loss occurred to employees

deployed by the contractor.

29.The contractor shall be fully responsible for the damages caused by the workmen supplied under

his tender during execution of work, to the properties belonging not only to BSNL but also to other

Departments, Organizations, Other Private Operators/ Organizations and individuals and the cost of

such damages will be recovered from the amount payable to the contractor.

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30.The persons employed by the bidder are to be paid by the bidder with fair wages as per Labour

Laws of Central/State Government. Other benefits to the persons like Bonus, ESI, Gratuity, PF etc.,

are complete responsibility of the bidder. Any injury/mishap caused to the worker during the course

of work shall be the responsibility of the bidder.

31.The bidder is governed by the Workman’s Compensation Act in case of any claim by the persons

employed by him/her/firm. The Service Contractor shall indemnify the Department of all claims

made by the employees of the service contractor.

32.Bidder shall have insurance / Group insurance scheme for the employs deployed for CONTRACT.

33.The bidder shall provide proper identity card to the persons utilized/ subcontractors

34.. Penalty clause:

34(i)The time allowed for completion of work shall be strictly adhered by the bidder, and shall be

reckoned from the fifteenth day from issue of work order by the SDE concerned. The bidder

shall pay as penalty for delay in completion of work an amount equal to 0.5% of the bill claimed for

each week or part thereof , subject to a maximum of 10%of the cost of the work awarded in the work

order

34(ii) If the work is not completed even after 20 weeks from the completion date mentioned in the

work order,the agreement/tender is liable to be terminated/cancelled and SD will be forfeited and the

party will be debarred for 1 year.

35.The GMT,BSNL,Pathanamthitta reserves the right to reject any or all Tenders in whole or in part

without assigning any reasons therefore. The decision of GMT Pathanamthitta SSA shall be final and

binding on the contractor/agency in respect of any clause covered under the Contract.

36.Tax Clause - All taxes except CGST, SGST, UTGST and IGST if any, required to be paid on the

invoices as specified in clause __ above shall be borne by the supplier

37.Indemnity - It is the responsibility of the supplier to ensure that outward supply return (GSTR-1)

is filed correctly and to declare correct information on the invoice and GST portal.

In case of mismatch because of vendor’s fault, prompt amendments must be made by the supplier

else supplier shall berequired to indemnify BSNL of the loss of credit due to mis-match and BSNL

shall recover the said amount from vendor. The compliances to be adhered by supplier includes (but

is not limited to) the following:

(i) Uploading appropriate invoice details on the GSTN (Goods and Service Tax Network) within the

stipulated time;

(ii) Issuing GST compliant invoice / CN/ DN. PO issued by BSNL should be referred by supplier for

capturing information on the invoice;

(iii) Acceptance of changes made by BSNL on GSTN on account of non-upload or incorrect upload

of details on GSTN. Such changes w.r.t. the mis-match are required to be accepted by supplier within

the time limit prescribed under the GST law. It must be noted that in case supplier does not accept

such changes within the time limit prescribed under GST law, the loss of input tax credit (if any)

would be recovered from the supplier.

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BSNL reserves the right to be indemnified for the credit loss and recover the said amount from the

supplier in case BSNL is unable to claim the input tax credit for any non-compliance or default or

due to lack of diligence on the part of the supplier. Further in case any credit is not received or short

credit is received or in case of any error because of which no credit is received then such equivalent

amount is not liable to be paid by BSNL. Where, however the amount has already been paid by

BSNL the same is liable to be recoverable or adjustable against subsequent payments

38.GST Invoice - It shall be the responsibility of supplier to raise appropriate tax invoice as per the

provisions of GST Act. BSNL reserves the right to be indemnified for the credit loss in case BSNL is

unable to claim the input tax credit for any non-compliance / default in raising appropriate invoice by

supplier. Further all invoices should be sent to BSNL promptly.

Further the Supplier is required to comply following requirements w.r.t. issuance of invoice:

• All the details of supplier (name, address, GSTIN/ unregistered vendor, place of supply, SAC/ HSN

code etc.) and other mandatory details shall be mentioned on the invoice;

• Invoice/DN/CN need to be issued timely within the time prescribed under GST law;

• In case of any deficient supply, BSNL shall convey the same in a reasonable time to enable the

supplier to issue credit note and take tax adjustment;

• It would be the responsibility of the supplier to declare correct information on invoice and GST

portal viz. the amount, the place of supply, rate of tax etc. In case, the eligibility of input tax credit is

questioned or denied to BSNL on account of default by the supplier, the same would be recovered by

BSNL from the supplier;

• Registered location of the both the parties i.e. BSNL and supplier should be mentioned in the

agreement with GSTIN No. Further, supplier should raise invoices at the registered premise of BSNL

for availment of credit and ensure that the place of supply as per GST law is same as registered

premise;

• It shall be the responsibility of supplier to raise invoice within the prescribed timelines;

• E-waybill number should be mentioned on the invoices;

39.Debit/Credit Note:- The supplier acknowledges and agrees to issue appropriate debit note/ credit

note as prescribed under GST Act and send to BSNL within the within the prescribed time. All

documents should be received well in advance so as to enable BSNL to claim proper credit.

Further it shall be the responsibility of supplier to declare the details of such credit note in the return

for the month during which such credit note has been issued but not later than September following

the end of the financial year in which such supply was made, or the date of furnishing of the relevant

annual return,whichever is earlier.

BSNL reserves the right to be indemnified for the credit loss by supplier in case BSNL is unable to

claim the input tax credit for any non-compliance or default or due to lack of diligence on the part of

the supplier

40.Payment terms: BSNL will make payment to supplier only after the invoice is uploaded by

supplier in GST outward return i.e. GSTR-1 and credit of GST is available (reflected in GSTR-2A) to

BSNL.

Further it is agreed that for claiming the payment the following documents are to be submitted by the

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Supplier to the paying state along with appropriate invoice:

1. Invoice along with e-way bills;

2. Delivery challans;

3. Consignee Receipt (L.R);

4. Each equipment shall be accompanied by supplier certification confirming adherence to all

standards for materials and workmanship quality. On copy of the same shall be sent by the supplier to

state quality head / state operation heads for records;

5. Bill of materials;

6. Any other document as may be demanded by BSNL

Supplier hereby agrees that it will be solely responsible for performing all compliances and making

payments of GST, cesses, interest, penalties or any other tax/ duty/ amount/ charge/ liability arising

either out of laws/ regulations applicable in India and overseas or because of a demand/ recovery

initiated by any revenue authority under laws/ regulations applicable in India or overseas

Further, in case supplier raises the invoice on an address other than agreed, it shall be the

responsibility of the supplier to modify the invoice.

41.Place of supply - For the purpose of this agreement, place of supply under GST Act shall be the

place of supply as determined under purchase order raised by BSNL. It shall be the responsibility of

supplier to intimate BSNL well in advance in case of deviation / disagreement with the place of

supply as determined in PO.

42.Deficient Supply/ Incomplete supply/ Rejected supply - Each party to contract agrees that in

case of any deficient supply or incomplete supply or rejected supplier, it shall be the responsibility of

supplier to issue GST compliance credit note within the reasonable time and take tax adjustment. In

case the supplier fails to issue proper credit note within the time stipulated under the GST law the

taxes charged and not adjusted would be borne by the supplier.

43.Discount clause- In cases where supplier is providing discount to BSNL for the goods supplied by

it or service rendered, following should be predetermined or mutually agreed between supplier and

BSNL:

1. Situations in which discount would be allowed by supplier to BSNL (e.g. Value-based/ quantity-

based discounts)

2. Basis and manner in which discount would be computed and allowed to BSNL

3. Deduction of such discount from the value of supply as per provision of GST Act

44.Compliance Rating - Supplier shall be liable to comply with all the compliances as may be

prescribed to ensure that compliance rating is not reduced below the prescribed limit as laid down

under GST Act and GST regulations.

Supplier shall be required to submit a self-declaration from time to time, that they are not black-listed

on the GST portal. Notwithstanding anything contained in agreement, in the event of black listing of

supplier i.e. compliance rating reduced below the prescribed limit, the amount related to tax shall be

paid to supplier only on receipt of input tax credit to BSNL

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25 Signature of tenderer

45.E.way bill - It shall be the responsibility of supplier to obtain e-way bill in case of movement of

goods exceeding limit as prescribed under the GST Act. Supplier would indemnify BSNL in case of

any non-compliance or default or due to lack of diligence on the part of the supplier to comply with

the e-waybill requirement

46.Penalty - It is agreed by supplier that in case of any deviation, default or negligence on the part of

supplier due to which it is liable to pay penalty to BSNL, the same shall be recovered by BSNL from

supplier along with applicable GST tax (as may be applicable)

47.Liquidated damage - GST (if applicable) on account of liquidated damages due to delay in

supply of goods would be borne by supplier..

48.Set off - It is agreed that in case of set off of the security deposit 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, the GST on such set off will be borne by the supplier

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26 Signature of tenderer

SECTION VI

UNDERTAKING AND DECLARATION

For understanding the terms & condition of Tender & Spec of work

a. Certified that:

1. I/We ……………………….. have read, understood and agree with all the terms and

conditions, specifications included in the tender document & offer to execute the work at the rates

quoted by us in the tender form.

2. If I/We fail to enter into the agreement & commence the work in time, the EMD/SD

deposited by us will stand forfeited to the BSNL.

b. The tenderer hereby covenants and declares that:

1. All the information, Documents, Photocopies of the Documents/Certificates enclosed

along with the tender offer are correct.

2. If anything is found false and/or incorrect and/or reveals any suppression of fact at any

time, BSNL reserves the right to debar our tender offer/ cancel the LOA/ Purchase/ work order if

issued and forfeit the EMD/ SD/ Bill amount pending with BSNL. In addition, BSNL, may debar the

contractor from participation in its future tenders.

Date: …………………… Signature of Tenderer With date Place: ………………….. Name of tenderer

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27 Signature of tenderer

SECTION VII

TENDERER’S PROFILE

General

QUESTIONAIRE FOR TECHNICAL DETAILS

1. Name & Address of the Tenderer /

Firm (in block letters), Tel.No, Fax.No :

& Mobile No

2. Status of the bidder(Tick as applicable and attach proof)

(a) an individual

(b) workshop owner

(c) authorized dealer

(d) manufacturer

(e) Proprietorship

(f) Partnership firm

(g) Registered under companies acts

(h) Public sector / Central or State Govt. undertaking

(i) Any other category, please specify

4. Give a brief note on your Capacity to carry out the

work of painting of pillars :

5. Are you doing painting works

under rate contract basis of :

any other Telecom District of BSNL

6. Permanent Income Tax number

7. GST Registration No.

SIGNATURE OF THE TENDERER

Date: NAME & ADDRESS

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28 Signature of tenderer

SECTION VIII

BID FORM

No. N.5/CP/Tender/Pillar painting/PTA/2017-18/1 dated 8/8/2017

To

The General Manager, BSNL,

Telecom District,

Pathanamthitta SSA.

Dear Sir,

(1)Having examined the conditions of contract and specifications including addenda, the receipt of which is hereby

duly acknowledged, we, undersigned, offer do the work of painting of pillars and sticking of posters on

painted pillars in Pathanamthitta SSA in conformity with the conditions of contract and specifications as may be ascertained in accordance with the schedule of prices attached herewith and made part of this bid. We

undertake, if our Bid is accepted, we will execute the work in accordance with specifications, time limits & terms

and conditions stipulated in the Tender document.

(2) Bids submitted by us is properly sealed and prepared so as to prevent any subsequent alteration and

replacement. (3) We agree to abide by this Bid for a period of 1 8 0 days/extended mutually agreed bid validity period from

the date fixed for Bid opening (Qualifying Bid) and it shall remain binding upon us and may be accepted at any

time before the expiry of that period.

(4)We understand that you are not bound to accept the lowest or any bid you may receive. (5)If our Bid is accepted, we shall submit the securities as per the conditions mentioned in the contract.

(6)If our bid is accepted ,we undertake to do the work as per the tender conditions.

(7)Until a format Agreement is prepared and executed, this Bid together with your written acceptance

thereof in your notification of award shall constitute a binding contract between us.

Dated ------------

Signature of Authorized Signatory……………….

In capacity of…………………………………….. Duly

authorized to sign the bid for and on behalf of ……………

Witness………………

Address………………

Signature…………

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29 Signature of tenderer

SECTION IX

LETTER OF AUTHORISATION FOR ATTENDING BID OPENING

Tender Number: No. N.5/CP/Tender/Pillar painting/PTA/2017-18/1 dated 8/8/2017

Subject: Authorisation for attending bid opening on ………………. … in the tender of

………………………………………………………….

Following persons are hereby authorised to attend the bid opening for the tender mentioned

above on behalf of …..…………………………………………………………………. (Bidder)

in order of preference given below:

Order of Preference Name Specimen Signature

I ………………………………………………………..

II ………………………………………………………..

Alternate Representative ____________________________________________

(Signature of bidder or Officer authorised to

sign the bid documents on behalf of the bidder).

Note: 1. Maximum of two representatives will be permitted to attend bid opening. In cases where it is

restricted to one, first preference will be allowed.

2.Alternate representative will be permitted when regular representatives are not able to attend.

3.Permission for entry to the hall where bids are opened, may be refused in case authorisation as

prescribed above is not recovered.

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30 Signature of tenderer

SECTION X

Format of Certificate regarding close relatives working in BSNL

(To be submitted by all the Directors of the Company/ partners/ owner’s of thecontractor’s firm)

I ______________ s/o _________________ r/o ____________________ here by

certify that none of my relative(s) as defined under is/are employed in BSNL unit for

which I am bidding..

In case at any stage, it 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.

The near relatives for this purpose are defined as:-

a) Members of a Hindu undivided family.

b) They are husband and wife.

c) The one is related to the other in the manner as father, mother, son(s) & son s wife (daughter in

law), Daughter(s) and daughter s husband (son in law), brother(s) and brother s wife, sister(s) and

sister s husband (brother in law).

Dated this __________ Day of __________ 2017

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31 Signature of tenderer

SECTION XI

CERTIFICATE

(FOR TENDER DOCUMENT DOWN LOADED FROM INTERNET)

I …................................................................. …................ (authorised signatory ) hereby

declare that the tender document submitted i.r.o. tender No. N.5/CP/Tender/ Pillar painting/PTA/2017-

18/1 dated 8/8/2017 has been down loaded from web site htttp/:www.keralatecom.com and no addition

deletion / correction has been made in the down loaded tender document. I also declare that I have

enclose a DD for Rs …................... towards the cost of bid document along with the tender.

signature of tenderer /

authorised signatory

Place.................................................

Date ….............................................

Name of the tenderer........................................................

Seal of the tenderer

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32 Signature of tenderer

SECTION XII FINANCIAL BID

Tender for painting of Pillars and sticking posters on pillars in Pathanamthitta SSA as per Tender Notice No. N.5/CP/Tender/Pillar painting/PTA/2017-18/1 dated 8/8/2017

1.Name of Bidder :

(In block letters)

2 Postal Address in full( In block letters) :

3.Telephone Number :

Note

1.Income Tax as applicable will be recovered.

Sl. No

Type of pillar No.of

pillars

Rate in

figures(Rs)

Per pillar(All inclusive except

GST)

Grand Total

Grand Total in words

(Rupees)

A B C D= BxC E

1 Double pillar/2000

pr

4

2 1600 pr pillar 1

3 1200 pr pillar

1

4 1000 pr pillar

58

5 800 pr pillar

180

6 Mini pillar 400 pr

85

7 Mini pillar 200 pr

42

8 Mini pillar 100 pr

9

9 TOTAL 380

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33 Signature of tenderer

SECTION XIII

AGREEMENT

(To be typed on Rs.200/- worth non-judicial stamp paper)

The successful tenderer shall have to execute the following agreement; This agreement made on this................................................day of (month)....................................... (year)......................................................between M/s …………………………………………………… ......................................................................................................................................herein after called “The Contractor” (Which expression shall unless excluded by or repugnant to the context, include its successors, heir, executors, administrative representative and assignee) of the one part & the Chairman and Managing Director, BSNL here in after referred to as the BSNL, of other part.

Where as the contractor has offered to enter into contract with the said BSNL for the work of painting of pillars in

Pathanamthitta SSA on the terms and conditions herein contained and the rates approved by the BSNL (copy of

Rates annexed) have been duly accepted and where as the necessary security deposits have been furnished in

accordance with the provisions of the tender document No. N.5/CP/Tender/Pillar painting/PTA/2017-18/1

dated 8/8/2017 and whereas no interest will be claimed on the security deposits. Now these presents witness and it is hereby agreed and declared by and between the parties to these presents as follows. 1) The contractor shall, during the period of this contract that is to say from.......................to...................... or completion of work whichever is earlier or until this contract shall be determined by such notice as is hereinafter mentioned, safely carryout, by means of labours employed at his own expenses and by means of tools, implements and equipment etc. to be supplied by him to his labour at his own expenses, all painting works as described in tender documents (annexed to the agreement), when the BSNL or General Manager PATHANAMTHITTA SSA or any other persons authorised by the General Manager in that behalf require. It is understood by the contractor that the quantity of work mentioned on the schedule is likely to change as per actual requirements as demanded by exigencies of service. 2) The Bid documents, letter of intent, approved rates annexed hereto and such other additional particulars, instructions, work orders as may be found requisite to be given during execution of the work shall be deemed and taken to be an integral part of the contract and shall also be deemed to be included in the expression “The Agreement” or “The Contract” wherever herein used. 3) The contractor shall also supply the requisite number of workmen with means & materials as well as tools, appliances, machines, implements, vehicles for transportation, cartage etc. required for the proper execution of work within the time prescribed in the work orders. 4) The contractor hereby declares that nobody connected with or in the employment of the BSNL is not/shall not ever be admitted as partner in the contract.

5)The contractor shall abide by the terms and conditions, rules, guidelines, construction practices , safety precautions etc. stipulated in the tender document including any correspondence between the contractor and the BSNL having bearing on execution of work and payments of work to be done under the contract.

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34 Signature of tenderer

In witness whereof the parties presents have here into set their respective hands and seals the day

…….month..........and year in ………………

Above written :

Signed sealed & Delivered by

The above named Contractor

In the presence of .

Witness :

1.

2.

Signed on behalf of the CMD , BSNL by the

Witness :

1.

2.

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35 Signature of tenderer

SECTION XIV

REFUND OF EMD AND ADVANCE RECIEPT FORM

From

To

The General Manager Telecom,

BSNL, Tiruvalla.

Sir,

Sub: Request for refund of EMD reg:

Ref::Tender No. N.5/CP/Tender/Pillar painting/PTA/2017-18/1 dated 8/8/2017

I/We have submitted tender for painting of pillars as per tender notification cited above. In

case my/our tender is not accepted by the Company, the EMD remitted by me/us may kindly be

refunded as soon as possible. An advance stamped receipt for the above is attached herewith.

Thanking you

Yours faithfully,

………………………………………………………………………………………………..

ADVANCE STAMPED RECEIPT

Received an amount of Rs. 4000/- (Rupees Four thousand only) from Accounts Officer(Cash), BSNL,

Office of the General Manager Telecom,BSNL, Tiruvalla towards EMD amount remitted as per tender No. N.5/CP/Tender/Pillar painting/PTA/2017-18/1 dated 8/8/2017

Signature :

Date : Name & Address:

Signature of the Bidder

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36 Signature of tenderer

SECTION XV PROFORMA OF POWER OF ATTORNEY (Refer Clause 14.5 of Section-II)

(Non-Judicial Stamp paper)

POWER OF ATTORNEY Be it known all to whom it concerns that: 1. Shri ______________________ s/o _____________ residing at ______________ 2. Shri ____________________ __s/o _____________ residing at ______________ 3. Shri ______________________ s/o _____________ residing at ______________ I, the Proprietor / We all the Partners/Directors of M/s___________________ (Address)_____________________________________________________________hereby appoint Shri_________________________________ s/o ________________ residing at ___________________________________ as my/our Attorney to act in my/our name and on behalf and sign and execute all documents/ agreements binding the firm for all contractual obligations (including references of cases to arbitration) arising out of contracts to be entered into by the firm with the GMT,

BSNLThiruvalla in connection with their Tender Enquiry No.________________ dated ………………. for Painting of pillars in Pathanamthitta SSA due for opening on …………………………………… In short he is fully authorized to do all, each and everything requisite for the above purpose concerning M/s_______________________________. And I/We hereby agree to confirm and ratify his all and every act of this or any documents executed by my/our said Attorney within the scope of the authority hereby conferred on him including references of cases to arbitration and the same shall be binding on me/us and my/our firm as if the same were executed by me/us individually or jointly.

Witness (with Address) Signature of the Proprietor/Partners/Directors

1. 1. 2. 2. Accepted (Signature of Signatory of Tender Offer of the firm) __________________________________________________________________________ ATTESTED Notary Public (Signature with Official Seal) OR REGISTERED Before (SUB – REGISTRAR) …………………………….. (Of concerned State) Signature with Official Seal

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37 Signature of tenderer

SECTION XVI

MANDATE FORM FOR TRANSFER OF PAYMENTS THROUGH ELECTRONIC CLEARANCE / ELECTRONIC FUND TRANSFER SCHEME.

To The General Manager BSNL, Pathanamthitta.

Sir, Kindly pay any amount due to us to our Bank Account as detailed below either by Electronic Clearance/Electronic Fund Transfer mode and the payments shall continue to be made in our below mentioned account till a change is requested by us. The service charges, if any, levied by the bank will be borne by us. We also declare that the particulars given below are correct and complete. If the transaction is delayed, or, not effected at all for incomplete information, we would not hold BSNL responsible.

1. Name of the Company / Firm : 2. Address : 3. Name of the Bank : 4. Name of the Branch : 5. Branch Code : 6. Bank’s IFSC code : 7. Type of Account : 8. Account Number : 9. Bank Address :

10. Bank Telephone No.(& Code) :

Date

Name & Signature of the Authorized Signatory with seal

(To be filled in by the Bank Authorities)

Certified that the particulars furnished above are correct as per our records. Bank Seal: Signature of Manager / Authorized Officer. Date: