E-TENDER DOCUMENT FOR REFURBISHING OF …210.212.239.99/electrical2/civ_tender/O_320193_ALP...bharat...

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Tender for refurbishing of corroded/damaged pillars/painting/earthing of pillars in ALP BA-ZoneII Signature of the bidder Page 1 भारत संचार Ǔनगम लमटेड BHARAT SANCHAR NIGAM LIMITED (A Govt. of India Enterprise) महाĤबंधक दूरसंचार काया[लय, आलÜपुषा OFFICE OF GENERAL MANAGER TELECOM, ALAPPUZHA-11. E-TENDER DOCUMENT FOR REFURBISHING OF CORRODED/DAMAGED PILLARS/ PAINTING/ EARTHING OF PILLARS IN ALAPPUZHA BA - ZONE II E-TENDER No: PLG-III/512/NIT PILLAR ZONE-II/ALP/2018-19/4 Dated at ALP the 21/01/2019 Cost of Tender document : Rs.590 /- (inclusive of GST) Availability of Tender document for downloading : From 04/03/2019 to 25/03/2019 (13.00 Hrs) Date of opening tender : 25/03/2019 (14:00Hrs)

Transcript of E-TENDER DOCUMENT FOR REFURBISHING OF …210.212.239.99/electrical2/civ_tender/O_320193_ALP...bharat...

Page 1: E-TENDER DOCUMENT FOR REFURBISHING OF …210.212.239.99/electrical2/civ_tender/O_320193_ALP...bharat sanchar nigam limited (a govt. of india enterprise) महाबंधक दूरसंचार

Tender for refurbishing of corroded/damaged pillars/painting/earthing of pillars in ALP BA-ZoneII

Signature of the bidder Page 1

भारत संचार नगम ल मटेड BHARAT SANCHAR NIGAM LIMITED

(A Govt. of India Enterprise) महा बंधक दरूसंचार कायालय, आल पुषा

OFFICE OF GENERAL MANAGER TELECOM, ALAPPUZHA-11.

E-TENDER DOCUMENT FOR REFURBISHING OF CORRODED/DAMAGED PILLARS/ PAINTING/ EARTHING OF PILLARS IN ALAPPUZHA BA - ZONE II

E-TENDER No: PLG-III/512/NIT PILLAR ZONE-II/ALP/2018-19/4 Dated at ALP the 21/01/2019

Cost of Tender document : Rs.590 /- (inclusive of GST)

Availability of Tender document for downloading : From 04/03/2019 to 25/03/2019 (13.00 Hrs) Date of opening tender : 25/03/2019 (14:00Hrs)

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Tender for refurbishing of corroded/damaged pillars/painting/earthing of pillars in ALP BA-ZoneII

Signature of the bidder Page 2

STANDARD TENDER ENQUIRY DOCUMENT

E-Tender No: PLG-III/512/NIT PILLAR ZONE-II/ALP/2018-19/4 Dated at ALP, the 21/01/2019 Sub: E-Tender document for refurbishing of corroded/damaged pillars/Painting/Earthing of Pillars in Alappuzha BA.- ZONE II (Ambalappuzha, Harippad and Chengannur divisions). Please find enclosed the tender document containing the following:-

Section Title Page No.

1 NOTICE INVITING TENDER 03 - 05 2 TENDER INFORMATION 06 3 SCOPE OF WORK 07

4 PART-A GENERAL INSTRUCTION TO BIDDERS (GIB) PART-B SPECIAL INSTRUCTION TO BIDDERS FOR E-TENDERING

08 - 16 17 - 22

5 PART-A GENERAL (COMMERCIAL) CONDITIONS OF CONTRACT PART-B SPECIAL CONDITIONS OF CONTRACT

23 – 30 31 - 33

6 UNDERTAKING AND DECLARATION 34 7 TENDERER’S PROFILE 35 8 BID FORM 36 9 LETTER OF AUTHORISATION FOR ATTENDING BID OPENING 37

10 NO RELATIVE CERTIFICATE 38 11 DECLARATION OF NON-TAMPERING OF TENDER DOCUMENT 39 12 REQUEST FOR EMD REFUND 40 13 PROFORMA OF POWER OF ATTORNEY 41 14 MANDATE FORM FOR ELECTRONIC FUNDTRANSFER OF PAYMENTS 42 15 AGREEMENT PROFORMA 43 - 44 16 FINANCIAL BID 45

App 1 CHECKLIST 46 If interested kindly submit your offers by means of online bids only for Electronic Tendering at the portal detailed in “Special Instruction to Bidders for E-tendering before 13:00Hrs of 25/03/2019 (Tender Closing Date) Tenderwizard Help Desk

Telephone /Mobile Nos. 080-40482125 [between 9:30 hrs to 18:00 hrs on working days]

E mail ID [email protected]

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Tender for refurbishing of corroded/damaged pillars/painting/earthing of pillars in ALP BA-ZoneII

Signature of the bidder Page 3

भारत संचार नगम ल मटेड BHARAT SANCHAR NIGAM LIMITED

(A Govt. of India Enterprise) महा बंधक दरूसंचार कायालय, आल पुषा

OFFICE OF GENERAL MANAGER TELECOM, ALAPPUZHA-11.

E-Tender No: PLG-III/512/NIT PILLAR ZONE-II/ALP/2018-19/4 Dated at ALP, the 21/01/2019

SECTION -I

NOTICE INVITING TENDER

Digitally signed E-Tenders are invited by the General Manager Telecom, BSNL Alappuzha BA from

Reputed Dealers/Agents/Contractors with GST registration for refurbishing of corroded/damaged pillars/Earthing/ Painting of pillars at various places in Alappuzha BA – ZONE II (Ambalappuzha, Harippad and Chengannur divisions) for a period of one year from the date of final acceptance of the tender and extendable for a further period of one year.

Schedule to the invitation of tender

1 Tender No PLG-III/512/NIT PILLAR ZONE-II/ALP/2018-19/4 Dated at ALP the 21/01/2019 2 Description of work Refurbishing of corroded/damaged pillars /earthing/ Painting of pillars at

Various places in Alappuzha BA – ZONE II (AMZ, HPD & CGR divisions)

Sl No: Work Details Estimated

Quantity of work 1 Length of corroded portion to be replaced (SQ.M) 225 2 Length of corroded angle iron to be replaced (M) 150 3 Replacement of damaged hinges and door fixing (Nos) 350 4 Provision of Aluminium top (SQ.M) 100 5 New Plinth (Nos) 5 6 Repair to Plinth (Nos) 60 7 Trench for new pillars (Nos) 5 8 Earthing (Nos) 120 9 Painting with undercoating

Pillar size 200 40 400 190 800 135 1000 75 1600 10 2000 10

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Tender for refurbishing of corroded/damaged pillars/painting/earthing of pillars in ALP BA-ZoneII

Signature of the bidder Page 4

3 (i)

4

Estimated Cost of tender (ii) EMD Rs. 60,000/- Cost of Tender Form

Rs. 30,00,000/-

Rs.500/- + GST 18%( = Rs.590/- )

5 Availability of Tender document for downloading

From 04/03/2019 to 25/03/2019 (13.00hrs)

6 Last date & time of online submission of E-Tender

Up to 13:00 hrs on 25/03/2019

7 Last Date and time of submission of sealed envelope containing Tender document, EMD and cost of bid document in original.

13.00 hrs on 25/03/2019

8 Date & time of opening of sealed envelope containing Tender document, EMD & cost of bid document, technical bid of intending bidders.

At 14:00 Hrs on 25/03/2019

9 Date and Time of opening of Financial bid

15.00 Hrs. of 25/03/2019

10 Validity of the offer 150 days

(Note: Kindly see all clarifications/corrigendum on website & read Bid Document carefully before submission & ensure that all documents are fully authenticated by the Authorized Signatory)

11 The volume of repair work stated above are estimated and BSNL reserves the right to increase or decrease it to the extent of 25% of specified quantity of work at the time of award of the contract i.e. APO/ LOI without any change in unit price or terms & conditions.

12 Accessibility of Tender Document: Free viewing copy of Tender document/e-bidding can be obtained/done from the E-Tender link of the website https:// www.tenderwizard.com/BSNL. or from www.kerala.bsnl.co.in. Tender document for e-bidding process can be downloaded from the E- tender portal following the Link –“E-Tender” from 04/03/2019 to 25/03/2019 (13.00hrs) 12.1 Registration on E-Tender portal: Intending bidders are requested to register themselves on e-tender portal (if not registered earlier) through www.tenderwizard.com/BSNL for obtaining user-id, Digital Signature etc, by paying vendor registration fee. For participating in the above mentioned tender a tender processing fee may have to be paid to the service provider.

12.2 The DD/Banker’s cheque of Rs. 590/- drawn from any Nationalized /Scheduled Bank in favour of “AO (Cash), O/o GMT, BSNL, Alappuzha - 688011 payable at Alappuzha” shall have to be submitted towards tender fee along with the tender bid failing which the tender bid will be rejected. The bidders in the category of Micro and Small Enterprises (MSEs) who are registered with MSME bodies like National Small Scale Industries Corporation, District / State Industries Centre, Khadi & Village Industries Commission/Board, Coir Board, and Directorate of Handicrafts & Handloom are exempted from the payment of tender document cost. Exemption is given only when tendered item is listed in the Registration certificate of MSE. A proof regarding current registration with MSME/NSIC with UAM (Udyog Aadhar Memorandum) for the tendered items and with monetary limit will have to be attached along with the bid. BSNL has decided to use e-tendering for inviting this tender and thus the physical copy of the tender would not be sold. 13 Eligibility Criteria: Minimum of one year experience after 31/12/2013, for patchwork of pillars or similar

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works from an Officer not below the rank of a Divisional Engineer Telecom, BSNL, under Kerala Telecom Circle should be produced.

14 EMD: The bidder shall furnish the bid EMD in the following way. a) DD/Banker’s cheque drawn in favour of “AO (Cash), O/o the GMT, BSNL, Alappuzha” payable at “Alappuzha” b) The bidders in the category of Micro and Small Enterprises (MSEs) who are registered with MSME bodies like National Small Scale Industries Corporation, District/State Industries Centre, Khadi &Village Industries Commission/Board, Coir Board, and Directorate of Handicrafts & Handloom are exempted from payment of bid security. Exemption is given only when tendered item is listed in the Registration certificate of MSE. A proof regarding current registration with MSME/NSIC with UAM (Udyog Aadhar Memorandum) for the tendered items and with monetary limit will have to be attached along with the bid.

15 Last Date & Time of Online Submission of Tender bids: As specified in the covering letter of this tender document (Before 13:00 hours on 25/03/19) Note :- 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.

16 Online Opening of Tender Bids: At 14:00 Hours of the tender closing date 25/03/2019

17 Place of opening of Tender bids: BSNL has adopted e-tendering process which offers a unique facility for ‘Public Online Tender Opening Event (TOE)’. BSNL’s Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices. Please refer clause 8 of Section 4 Part B for further instructions. 18. Tender bids received after due time & date will not be accepted. 19. Incomplete, ambiguous, Conditional, unsealed tender bids are liable to be rejected. 20 BSNL reserves the right to accept or reject any or all tender bids without assigning any reason. BSNL is not bound to accept the lowest tender.

21 The bidder shall furnish a declaration under his digital signature that no addition / deletion / corrections

have been made in the downloaded tender document being submitted and it is identical to the tender document appearing on e-tender portal https://www.tenderwizard.com/BSNL.

22 In case of any correction/ addition/ alteration/ omission in the tender document, the tender bid shall be treated as non-responsive and shall be rejected summarily.

Note-:- All documents submitted in the bid offer should be preferably in English. In case the certificate viz experience, registration etc. is issued in any other language other than English, the bidder shall attach an English translation of the same duly attested by the bidder & the translation to be true copy in addition to the relevant certificate. All computer generated documents should be duly attested/ signed by the issuing organisation. Before submitting the bid on the due date kindly see all corrigendum/clarification issued on the website.

Assistant General Manager (NWP-CFA) O/o GMT, BSNL, Alappuzha

Tel No: 0477-2252011, Email:- [email protected]

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SECTION -II

TENDER INFORMATION

1. Type of tender : Single Stage bidding using Two Electronic Envelopes system Note: The bids will be evaluated techno-commercially and financial bids of techno-commercially compliant bidders only shall be opened.

2. Bid Validity Period : 150 days from the tender opening date

3. Bid Document: 3.1 The techno-commercial part of bid shall contain one set of the following documents only.

a) EMD as per clause 14 section I b) Cost of the tender documents i.e. tender fee c) Certificate(s) showing fulfillment of the eligibility criteria. d) Documents stated in clause 10 of Section-4 Part A. e) Bidder’s Profile & Questionnaire duly filled &signed f) Undertaking & declaration in Proforma duly filled & signed as per Section-VI g) No-Near Relation Certificate in Proforma duly filled & signed as per Section-X h) Tender/ Bid form duly filled & signed as per Section-VIII

Note : The documents listed above should be uploaded on tender wizard portal www.tenderwizard.com/bsnl

3.2. The Financial part shall contain one set of the complete price schedule as per Section XVI and any supporting document required. Note: The following documents are required to be submitted offline (i.e. hard copies) to AGM (NWP-CFA), O/o GMT, BSNL, Near Pitchu Iyer Jn, Alappuzha - 688011 on or before the date & time of submission of bids in a sealed envelope. a) EMD- Bid Security (original copy) b) DD/Banker’s cheque of tenders fee

c) All documents as specified in Checklist in Appendix 1. d) Tender document should be in original.

Note : Please Refer clause 6 in section 4 part B for detailed instructions.

Payment terms: As per relevant clause.

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SECTION -III

SCOPE OF WORK

Scope of work:

(a) Pillar Repair work Rusted/ damaged portion of the pillar should be replaced with same quality and type of material used for the pillar. Good quality steel hinges should be used for the replacement of broken and corroded hinges, replacing the corroded angle iron, Replacing damaged portion of the top of the pillar with the same quality and type of material used or providing Aluminium top if required. Construction of plinth if required, spraying metal primer on the newly replaced parts etc. The rate quoted should include cost of materials, labour charge and transportation if any. (b) Pillar Earthing 1” GI Pipe with 2 meter depth or relaxed depth ordered by competent authority shall be buried into the ground vertically and a copper wire of 7/18 size (1meter length) with one end bolted with the help of lug to the GI pipe and the other end should be taken to inside of pillar through the hole under the pillar and bolted in the CT Box mounting frame inside the pillar shell to form the earth of the pillar. c) Pillar painting The pillar shell should be cleaned thoroughly and one coat of red oxide metal primer shall be applied on all surfaces ie inside and outside. After it is dried up, two coats of enamel paint of approved colour of reputed brand shall be applied. The Pillar painting work should comprise BSNL Logo, “BSNL”, “connecting India faster” with Double coating of high quality ISI marked multicolor oil paints should be done in a systematic and professional way. Cleaning & Painting of pillar plinth (Zebra line) should be done. Sign writing shall be carried out in capital letters of height 10 cms and width 7.5 cms (4” x 3”) and as per instructions of Engineer in charge. The following contents shall be sign written on the face of the pillar shell. Logo of the BSNL Name of Telecom District Name of exchange in full and Pillar no. Stick no bills The paints and other stores used should be of ISI Marked quality and the multi colors used should be most eye catching and it should be very much attractive. The quality of paint is to be approved by officer-in charge of work.

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Tender for refurbishing of corroded/damaged pillars/painting/earthing of pillars in ALP BA-ZoneII

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SECTION -IV

Part – A GENERAL INSTRUCTION TO BIDDERS (GIB)

1. Period of Contract: One Year from the date of agreement. However BSNL reserves the right to extend the tender for further one year under the same terms and conditions.

2. ELIGIBILITY CONDITIONS: i Kindly refer to Clause 13 of section - 1 ii List of document for eligibility requirement as mentioned in clause 10 of section 4 part A of this document 3. COST OF BIDDING: 3.1 The bidder shall bear all costs associated with the preparation and submission of the bid. The

Department will, in no case, be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process.

4. DOCUMENTS REQUIRED: 4.1 The Service required to be supplied; bidding procedures and contract terms and conditions are

prescribed in the Bid Documents. The contents of the Bid Documents are specified in the covering letter.

4.2 The bidder is expected to examine all instructions, forms, terms and specifications in the bid documents and clarifications/amendments/addenda, if any. Failure to furnish all information required as per the Bid Documents or submission of the bids not substantially responsive to the Bid Document in every respect will be at the bidder’s risk and may result in rejection of the bid.

5. CLARIFICATION OF BID DOCUMENTS: 5.1 A prospective bidder, requiring any clarification of the Bid Documents shall notify the Department in

writing or by Fax or by Email of the Departments mailing address indicated in the Invitation for Bid. The Department shall respond in writing to any request for clarification of the Bid Documents, which it receives not later than 15 days prior to the date of opening of the Tenders.

5.2 Any clarification issued by BSNL in response to query raised by prospective bidders shall form an integral part of bid documents and shall amount to an amendment of relevant clauses of the bid documents.

6. AMENDMENT OF BID DOCUMENTS: 6.1 At any time, prior to the date of submission of Bids, the Department may, for any reason, whether at its

own initiative or in response to a clarification requested by a prospective bidder, may modify the bid documents by amendments prior to the date of submission of Bids.

6.2 The amendments shall be notified online on the tender/e-tender portal of BSNL. 6.3 In order to afford a prospective bidder reasonable time to take the amendments into account in

preparing their bids, the Department may, at its discretion, extend the deadline for the submission of bids suitably.

7. DOCUMENTS COMPRISING THE BID:

The bid prepared by the bidder shall comprise of the documents specified in clause 3 of tender information (Section 2). 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 the clause 2 and 10 of this section.

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8. BID FORM: The bidder shall complete the Bid form

9. BID PRICE: 9.1 The bidder shall give the total composite price inclusive of all levies, taxes i.e. packing& forwarding etc.

but excluding GST which will be paid extra as applicable. The offer shall be firm in Indian rupees. No Foreign exchange will be made available by the Department.

9.2 Prices indicated in the Financial bid shall be entered in the following manner: The Basic Unit price for replacement of corroded/damaged portion / earthing/ painting of pillars, any other levies/charges. A bid submitted with an adjustable price quotation will be treated as non-responsive and rejected.

9.3 The prices quoted by the bidder shall be in sufficient detail to enable the Department to arrive at prices of equipment/system offered.

9.4 “DISCOUNT, if any, offered by the bidders shall not be considered unless they are specifically indicated in the price schedule. Bidders desiring to offer discount shall therefore modify their offers suitably while quoting and shall quote clearly net price taking all such factors like discount, free supply etc.

10. DOCUMENTS ESTABLISHING BIDDER’S ELIGIBILITY AND QUALIFICATIONS 10.1 The bidder shall furnish, as part of the bid documents establishing the bidders eligibility the following

documents or whichever is required as per terms and conditions of Bid documents: 1. EMD as per clause 14 section I 2. Cost of the tender documents i.e. tender fee 3. Bidder’s Profile & Questionnaire duly filled &signed 4. Tender/ Bid form duly filled & signed as per Section-VIII 5. Undertaking & declaration in Proforma duly filled & signed as per Section-VI 6. No-Near Relation Certificate in Proforma duly filled & signed as per Section-X 7. True copy of experience certificate from Divisional engineers or equivalent authorities 8. Copy of PAN Card. (self attested). 9. Copy of EPF & ESI Registration certificate if any, duly attested 10. deleted 11. deleted 12. Power of Attorney as per clause 14.4 (a) and authorization for executing the Power of Attorney 13. Valid MSE Certificate with UAM (Udyog Aadhar Memorandum) number for the tendered item, if

applicable. In case the ownership of such MSE Entrepreneurs happens to be from SC/ST category, proof in this regard also need to be submitted

14. Deleted 15. Articles/ Memorandum of Association/ partnership deed or proprietary ship deed as the case may be 16. Copy of GST registration certificate

10.2. Experience certificate: Experience certificate of minimum ‘one year experience after 31/12/2013, for

patchwork of pillars or similar works from an Officer not below the rank of a Divisional Engineer Telecom, BSNL, under Kerala Telecom Circle (if the bidder is an individual), and in case of manufactures/suppliers/dealers, they shall enclose registration certificate / documents in support of eligibility to participate in the tender.

11. Deleted

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12. BID SECURITY/EMD:

12.1 (i) The bidder shall furnish a bid security of amount as specified in detailed NIT (Section 1). The bidders

in the category of Micro and Small Enterprises (MSEs) who are registered with MSME bodies like National Small Scale Industries Corporation etc are exempted from payment of bid security. A proof regarding valid registration with MSME/NSIC with UAM (Udyog Aadhar Memorandum) for the tendered items shall have to be attached along with the bid. (ii) If a vendor registered with MSME bodies like NSIC etc under single point registration scheme claiming concessional benefits is awarded work by BSNL and subsequently fails to obey any of the contractual obligations, he will be debarred from any further work/contract by BSNL for one year from the date of issue of such order.

12.2. The bid security is required to protect the Department against the risk of bidders conduct which would warrant the forfeiture of bid security pursuant to para 12.7.

12.3. The bid security shall be submitted in the form as specified in clause 14 of detailed NIT (section-1). 12.4. A bid not secured in accordance with Para 12.1 & 12.3 shall be summarily rejected by the Department being non-responsive at the bid opening stage.

12.5 The bid security of the unsuccessful bidder will be returned/ discharged as promptly as possible and

within 60 days of acceptance of tender but not later than 30 days after the expiry of the period of the bid validity prescribed by the Department pursuant to clause 13.

12.6 The successful tenderer will have to remit security deposit of 5% of the estimated cost per zone shown in the document. This amount is to be remitted either by cash at the Cash Counter, or by Demand Draft drawn in favour of Accounts Officer (Cash), O/o GMT, BSNL, Alappuzha from any scheduled bank /nationalized bank. The EMD of the successful tenderer will be converted as part of Security Deposit

12.7 The bid security may be forfeited: a) If the bidder withdraws or amends its bid or impairs or derogates from the bid in any respect during the

period of bid validity specified by the bidder in the bid form or extended subsequently; or b) If the bidder does not accept the APO/ AWO/ LOI and/ or does not submit performance security & sign

the contract/ agreement. 12.8 The EMD will not bear any interest Note: - The bidder shall mean individual company/ firm

13. PERIOD OF VALIDITY OF BIDS:

13.1 Bid shall remain valid for period of 150days from the date of bid opening by the Department, pursuant to Clause 19.1. A BID VALID FOR A SHORTER PERIOD SHALL BE REJECTED BY THE DEPARTMENT AS NON-RESPONSIVE.

13.2 In exceptional circumstances, the Department may request the consent of the bidder for an extension to the period of bid validity. The request and the response thereto shall be made in writing. The bid security provided under Clause 12 shall also be suitably extended. A bidder may refuse the request without forfeiting its bid security. A bidder accepting the request and granting extension will not be permitted to modify its bid.

14. FORMAT AND SIGNING OF BID 14.1 (i)The bidder shall submit his bid, online, complying all eligibility conditions, other terms and conditions

of tender document to be read along with the clarifications and amendments issued in this respect. All the documents must be authenticated using Digital Signature by the authorized person. Please

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refer Section 4 Part B for further instructions. (ii)The copy of quality manual and Article or Memorandum of Association should be uploaded along

with other documents if required. 14.2 The bid shall be digitally signed by the bidder or a person duly authorized to bind the bidder to the

contract. The letter of authorization shall be indicated by written power-of-attorney accompanying the bid.

14.3 The bid shall contain no interlineations, erasures or overwriting except as necessary to correct errors made by the bidder in which case such corrected documents or revisions shall be authenticated by the person signing the bid using digital signature.

14.4 Power of Attorney (a) The power of Attorney should be submitted and executed on the non-judicial stamp paper of

appropriate value as prevailing in the concerned states(s) and the same be attested by a Notary public or registered before Sub-registrar of the state(s) concerned.

(b) The power of Attorney shall 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.

(c) In case of the bidder being a firm, the said Power of Attorney should be executed by all the partner(s) in favour of the said Attorney.

(d) Attestation of the specimen signatures of authorized signatory by the Company’s/ firm’s bankers shall be, furnished. Name, designation, Phone number, mobile number, email address and postal address of the authorized signatory shall be provided.

15. SEALING AND MARKING OF BIDS:

15.1 The bid should be submitted online using Two Envelope methodology. The first envelope –Technical part shall consists the eligibility requirements, Technical specification and compliance to all terms and condition of the bid document including clarifications, addendums

The second envelope- Financial part shall contain rate/price schedule i.e. tender/Bid form only

15.2 Venue of Tender Opening: Specified in Clause 17 of DNIT (Section 1)

16. SUBMISSION OF BIDS

16.1 Bids must be submitted online/offline by the bidders as per instructions in Section 4 Part B not later than the specified date & time indicated in the covering letter.

16.2 The Department may, at its discretion, extend this deadline for the submission of bids by amending the Bid Documents in accordance with clause 6 in which case all rights and obligations of the Department and bidders previously subject to the deadline will thereafter be subjected to the deadline as extended.

16.3 The bidder shall submit his bid offer against a set of bid documents purchased by him for all or some of the systems / equipment / packages as per requirement of the Bid Documents. Only one independent and complete offer shall be permitted from the bidder.

17. LATE BIDS No bid shall be accepted online by the Electronic Tender System® (ETS) after the specified deadline for submission of bids prescribed by the Department pursuant to clause 16.

18. MODIFICATION AND WITHDRAWAL OF BIDS 18.1 The bidder may modify, revise or withdraw his bid after submission prior to deadline prescribed for

submission of bid. If a bid is withdrawn, the same shall be archived un-opened in E-tendering portal. 18.2 The bidder’s modification, revision or withdrawal to be done online and digitally authenticated (in case

of e-tendering).

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18.3 No bid shall be allowed for modification subsequent to the deadline for submission of bids. 19. OPENING OF BIDS BY DEPARTMENT:

19.1 The Department shall open bids online in the presence of bidders or their authorized representative who choose to attend, at time specified in Clause 8 of DNIT(Section-1) on due date. 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 (A Format is given in section 9).

19.2 Only one representative of any bidder shall be authorized and permitted to attend the bid opening. 19.3 Single stage bidding & two envelopes system being followed for this tender, the bids will be opened

online in two stages i.e. the techno-commercial bid shall be opened first on the date of tender opening given in NIT. Then the financial bid will be opened on the same date after verification of the documents submitted in the techno commercial bid by the TOC in the presence of the bidders.

19.4 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 on next working day, time and venue remaining unaltered.

20. CLARIFICATION OF BIDS:

20.1 To assist in the examination, evaluation and comparison of bids, the Department 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.

20.2 If any of the documents, required to be submitted along with the technical bid is found wanting, the offer is liable to be rejected at that stage. However the Department at its discretion may call on any clarification regarding the bid document within a stipulated time period. In case of non compliance to such queries, the bid will be out rightly rejected without entertaining further correspondence in this regard.

21. PRELIMINARY EVALUATION:

21.1 Department 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.

21.2 Arithmetical errors shall be rectified on the following basis. If there is a discrepancy between the unit price and total price that is obtained by multiplying the unit price and quantity, the unit price shall prevail and the total price shall be corrected by the Department. If there is a discrepancy between words and figures, the amount in words shall prevail. If the supplier does not accept the correction of the errors, his bid shall be rejected.

21.3 Prior to the detailed evaluation pursuant to clause 22, the Department will determine the substantial responsiveness of each bid to the Bid Document. For purposes of these clauses, a substantially responsive bid is one which confirms to all the terms and conditions of the Bid Documents without material deviations. The Departments determination of bid’s responsiveness shall be based on the contents of the bid itself without recourse to extrinsic evidence.

21.4 A bid determined as substantially non-responsive will be rejected by the Department and shall not subsequent to the bid opening be made responsive by the bidder by correction of the non-conformity.

21.5 The Department may waive any minor infirmity or non-conformity or irregularity in a bid which doesn’t

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constitute a material deviation, provided such waiver doesn’t prejudice or affect the relative ranking of any bidder.

22. EVALUATION AND COMPARISON OF SUBSTANTIALLY RESPONSIVE BIDS: 22.1 The Department shall evaluate in detail and compare the bids previously determined to be substantially

responsive pursuant to clause 21. (a). 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 item of work with the approximate estimated quantity and then summing up for all types of pillars to be painted, but excluding GST. The customer reserves all rights to accept the price quoted for patchwork of different size of pillars which is financially reasonable.

22.2 Rate should be quoted both in figures and in words. No overwriting should be allowed. If there is a discrepancy between words and figures, the amount in words shall prevail.

22.3 Final ranking and lowest price (L-1) for each item in the tender will be arrived by comparing the bids of technically & commercially responsive bidders.

22.4 Evaluation will be made on the basis of the aggregate.( Sum of the estimated quantity x price quoted for each item, but excluding GST.

22.5 Evaluation shall be done zone wise. L1 bidder from the list of technically & commercially responsive bidders for each zone will be decided separately.

22.6 The L-1 bidder with the lowest aggregate will be considered 22.7 It may be noted that the methodology given in clause 22.4 is applicable only for the purpose of

evaluation of bids and shall have no bearing on actual quantity offered /total payment to be made for the work to be carried out.

23. CONTACTING THE DEPARTMENT: 23.1. Subject to Clause 20, no bidder shall try to influence the Department on any matter relating to its bid,

from the time of the bid opening till the time the contract is awarded.

23.2. Any effort by a bidder to modify his bid or influence the Department in the Department’s bid evaluation, bid comparison or contract award decision shall result in the rejection of the bid.

24. Award of Contract

24.1 The department shall consider award of contract only to those eligible bidders whose offers have been found technically, commercially and financially acceptable.

24.2 The work against the tender is for one year requirement and the terms and conditions of this tender shall be operative for a period of one year from the date of signing of agreement between the department and the contractor. The tender period can be extended further for a period of one year at the same rates, terms and conditions. 24.3 BSNL reserves the right to place the order for entire quantity to the L1 bidder. If BSNL wants to engage more than one contractor for the work, 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 BSNL in this regard shall be final and binding.

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No.of bidders Distribution of quantity

2 L1 60% L2 40%

25. DEPARTMENT’S RIGHT TO VARY QUANTITIES:

(a) BSNL reserves the right to increase or decrease up to 25% of the quantity of goods and services specified in the schedule of requirements without any change in the unit price or other terms and conditions at the time of award of contract.

26. DEPARTMENT’S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS:

The Department reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids, at any time prior to award of contract without assigning any reason whatsoever and without thereby incurring any liability to the affected bidder or bidders on the grounds of Department’s action.

27. ISSUE OF LETTER OF INTENT (LOI) 27.1 The issue of a Letter Of Intent shall constitute the intention of the Department to enter into contract

with the bidder. 27.2 The bidder shall within 21 days of issue of the Letter of Intent, give his acceptance along with security

deposit.

28. SIGNING OF CONTRACT: 28.1 An agreement with the successful bidder shall be signed by the BSNL within 14 days or the date

as decided by the GMT, Alappuzha BA after the issue of information to do so from this office. Agreement will be executed on non judicial stamp paper of costing Rs.200/- The cost of stamp paper will be borne by contractor.

28.2 Issue of Work order (After signing agreement and submission of requisite performance security) shall constitute the award of contract on the bidder.

29. A NNULMENT OF AWARD

Failure of the successful bidder to comply with the requirement of clause 28 shall constitute sufficient ground for the annulment of the award and the forfeiture of the bid security in which event the Department may make the award to any other bidder at the discretion of the Department or call for new bids.

30. Clause deleted

31. REJECTION OF BID: 31.1 While all the conditions specified in the Bid documents are critical and are to be complied, special

attention of bidder is invited to the following clauses of the bid documents. Non-compliance of any one of which shall result in outright rejection of the bid.

(i) Clauses 12.1, 12.3 & 13.1 of Section IV Part A: The bids will be rejected at opening stage if Bid security is not submitted as per Clauses 12.1 & 12.3 and bid validity is less than the period prescribed in Clause 13.1 mentioned above.

(ii) Clause 2 & 10 of Section IV Part A: If the eligibility condition as per clause 2 of Section -IV is not

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met and/or documents prescribed to establish the eligibility as per Clause 10 of section -IV are not provided, the bids will be rejected without further evaluation.

(iii) Section -V Part A- Commercial conditions, Section 5 Part B- Special Conditions of Contract : Compliance, if given, using ambiguous words like “Noted”, “Understood”, “Noted & Understood” shall not be accepted as complied. Mere “Complied” will also be not sufficient, reference to the enclosed documents showing compliances must be given.

(iv) Section -XVI- Financial Bid: Prices are not filled.

(v) Section -IV clause 9.4 on discount which is reproduced below: “Discount, if any, offered by the bidder shall not be considered unless specifically indicated in the price schedule. Bidders desiring to offer discount shall therefore modify their offer suitably while quoting and shall quote clearly net price taking all such factors like Discount, free supply etc. into account”.

(vi) Before outright rejection of the Bid by Bid-opening team for non-compliance of any of the provisions mentioned in clause 31(i) of Section -IV Part A, though, the bidder company is given opportunity to explain their position, however if the person representing the bidder company is not satisfied with the decision of the Bid opening team, he / they can submit the representation to the Bid opening team immediately but in no case after closing of the tender process with full justification quoting specifically the violation of tender condition if any.

Bid opening team will not return the bids submitted by the bidders on the date of tender opening even if it is liable for rejection and will preserve the bids in sealed cover as submitted by taking the signatures of some of the desirous representatives of the participating bidder/companies present on the occasion.

The in-charge of Bid opening team will mention the number of bids with the name of the company found unsuitable for further processing on the date of tender opening and number of representations received in Bid opening Minutes and if Bid opening team is satisfied with the argument of the bidder/company mentioned in their representation and feel that there is prima-facie fact for consideration, the in-charge of the bid opening team will submit the case for review to competent authority GM in circles and Director concerned in corporate office as early as possible preferably on next working day and decision to this effect should be communicated to the bidder company within a week positively. Bids found liable for rejection and kept preserved on the date of tender opening will be returned to the bidders after issue of P.O. against the instant tender.

If the reviewing officer finds it fit to open the bid of the petitioner, this should be done by giving three (working) days notice to all the participating bidders to give opportunity to desirous participants to be present on the occasion.

32. ACTION BY DEPARTMENT AGAINST BIDDER(S)/ VENDOR(S) IN CASE OF DEFAULT. The General Manager, BSNL, Alappuzha reserves the right to terminate the contract by giving notice of 15 days in writing without assigning any reason, thereof. The period of 15 days will count from the

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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.

The General Manager Telecom, BSNL Alappuzha 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 carry out 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.

33. NEAR-RELATIONSHIP CERTIFICATE: The bidder should give a certificate that none of his/her near relative, as defined below, is working in the units where he is going to apply for the tender.

In case of proprietorship firm, certificate will be given by the proprietor. For partnership firm, certificate will be given by all the partners.

Please refer to the Proforma enclosed in Section -X

34. VERIFICATION OF DOCUMENTS AND CERTIFICATES

The bidder will ensure that all the documents and certificates, including experience/ performance and self certificates submitted by him are correct and genuine before enclosing them in the bid. The onus of proving genuineness of the submitted documents would rest with the bidder.

If any document/ paper/ certificate submitted, as per Appendix-1 of this section, by the participant bidder is found / discovered to be false / fabricated / tampered / manipulated either during bid evaluation or during award of contract or thereafter, then the Department will take action.

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SECTION -IV

PART- B SPECIAL INSTRUCTIONS TO BIDDERS FOR E-TENDERING

General

The Special Instructions (for e-Tendering) supplement ‘Instruction to Bidders’ as given in these Tender Documents. Submission of Online Bids is mandatory for this Tender.

E-Tendering is a new methodology for conducting Public Procurement in a transparent and secured manner. Suppliers/ Vendors will be the biggest beneficiaries of this new system of procurement. For conducting electronic tendering, BSNL has decided to use the portal https://www.tenderwizard.com/BSNL through ITI Limited a Government of India Undertaking. Benefits to Suppliers are outlined on the Home-page of the portal.

Instructions

1. Tender Bidding Methodology:

Sealed Bid System –‘Single Stage Bidding using two stage opening using two electronic envelope (Techno commercial Bid and Financial Bid).

2. Broad outline of activities from Bidders prospective: 1. Procure a Digital Signing Certificate (DSC) 2. Register on Electronic Tendering System® (ETS) 3. Create Users and assign roles on ETS 4. View Notice Inviting Tender (NIT) on ETS 5. Download Official Copy of Tender Documents from ETS 6. Clarification to Tender Documents on ETS –View response to queries of bidders, posted as addendum, by BSNL 7. Bid-Submission on ETS 8. Attend Public Online Tender Opening Event (TOE) on ETS –Opening of Technical-Part 9. Post-TOE Clarification on ETS (Optional) –Respond to BSNL’s Post –TOE queries. 10. Attend Public Online Tender Opening Event (TOE) on ETS –Opening of Financial-Part (Only for Technical Responsive Bidders)

For participating in this tender online, the following instructions are to be read carefully. These instructions are supplemented with more detailed guidelines on the relevant screens of the ETS.

3. Digital Certificates

For integrity of data and authenticity/ non-repudiation of electronic records, and to be complaint with IT Act 2000, it is necessary for each user to have a Digital Certificate (DC) also referred to as Digital Signature Certificate (DSC), of Class 2 or above, issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer http://www.cca.gov.in].

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4. Registration To use the Electronic Tender® portal https://www.tenderwizard.com/BSNL vendors need to register on the portal (if not registered earlier). Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e-tendering activities. In ETS terminology, this person will be referred to as the Super User (SU) of that organization. For further details, please contact or visit the website/portal, and click on the ‘Supplier Organization’ link under ‘Registration’ (On the Home Page), and follow instructions as given on the site. Pay Annual Registration Fee and processing Fee for participation in tender as per Section-I (DNIT).

Note: After successful submission of Registration details and Annual Registration Fee, please contact ITI Limited/ ETS Helpdesk (as given below), to get your registration accepted/ activated.

Tender Wizard Helpdesk

Telephone/ Mobile 9746118519, 9747363433

[between 9:30 hrs to 18:00 hrs on working days]

BSNL Contact-1

BSNL’s Contact Person Smt. USHA B , AGM(NWP-CFA)

Telephone/ Mobile 0477-2252011

[between 09:30 hrs to 17:00 hrs on working days]

E-mail ID [email protected] BSNL Contact-2

BSNL’s Contact Person Smt. Garshia N J, SDE Equipment PLG

Telephone/ Mobile 0477-2251055

[between 09:30 hrs to 17:00 hrs on working days]

E-mail ID [email protected]

5. Some Bidding related Information for this Tender (Sealed Bid)

The entire bid-submission would be online on ETS. Broad outline of submissions are as follows:

Submission of Bid Security/ Earnest Money Deposit (EMD)

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Submission of digitally signed copy of Tender Documents/ Addendum/Addenda Two Envelopes

Technical-Part Financial-Part

Each of the above electronic envelopes consists of Main bid and Electronic form (both mandatory) and bid Annexure (Optional).

NOTE: Bidder must ensure that after following the above, the status of bid submission must become –“Complete”. Bidders must ensure that all documents uploaded on e-tender portal as files or zipped folders, contain valid files and are not corrupt or damaged due to any processing at bidder PC system like zipping etc. It shall be the responsibility of bidder himself for proper extractability of uploaded zipped files. Any error/ virus creeping into files/folder from client end PC system cannot be monitored by e-tender software/ server and will be bidder’s responsibility only.

In case the files are non-extractable or illegible otherwise, representative shall be given one chance by Tender Opening Committee to open & demonstrate the contents of bid data downloaded from the e-tender portal in his presence. If, even after above chance, the bidder is unable to open & demonstrate the contents of bid data downloaded from the e-tender portal in his presence then no fresh bid in any form, soft or hard copies, shall be accepted by tendering authority and his bid shall be summarily rejected and treated as non-responsive.

6. Offline Submissions:

The bidder is requested to submit the following documents offline to AGM (NWP-CFA), O/o GMT, BSNL, Near Pitchu Iyer Jn, Alappuzha – 688011 on or before the date & time of submission of bids specified in covering letter of this tender document, in a Sealed Envelope. The envelope shall bear the project name, the tender number and the words “DO NOT OPEN BEFORE” (due date & time). It should hold three sealed covers inside. The covers should be sealed with sealing wax/Tape.

Envelope Marking to be made Contents

Outer cover “Main Bid for refurbishing of corroded/damaged pillars/earthing/painting of Pillars – ZONE II (Enter Parts bid by the bidder only) DO NOT OPEN BEFORE” (due date & time).

Tender No. (As given)

2 Inner Envelopes

First inner cover “Bid security” Bid Security

Second inner cover

“Technical Bid “ Tender No. (As given)

The Bid Document duly signed in each page along with Seal. Also enclose a crossed DD of Rs. 590/- towards the price of Bid Document . Full set of supporting documents as per 4 of section -IV

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NOTE: The Bidder has to upload the Scanned copy of all above said original documents including Bid security and DD of tender fee as Bid-Annexure during Online Bid-Submission

7. Special Note on Security of Bids Security related functionality has been rigorously implemented in ETS in a multi-dimensional manner. Starting with 'Acceptance of Registration by the Service Provider', provision for security has been made at various stages in Electronic Tender's software. Specifically for Bid Submission, some security related aspects are outlined below:

As part of the Electronic Encrypter™ functionality, the contents of both the ‘Electronic Forms’ and the ‘Main-Bid’ are securely encrypted using a Pass-Phrase created by the Bidder himself. Unlike a ‘password’ a Pass,-Phrase can be a multi–word sentence with spaces between words.(eg I love this World). A Pass-Phrase is easier to remember, and more difficult to break. It is recommended that a separate Pass-Phrase be created for each Bid-Part. This method of bid-encryption does not have the security and data-integrity related vulnerabilities which are inherent in e-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid-encryption. Bid-encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE), even if there is connivance between the concerned tender-opening officers of the Buyer organization and the personnel of e-tendering service provider.

It is important for the bidder to keep a safe record of his pass phrases for decrypting his bid parts. In case the bidder is unable to provide the correct pass-phrase during TOE, it will not be possible to open his bid and as his bid will be REJECTED (i.e. archived Un-opened). Before rejection in such a situation, the bidder will be given opportunity to himself enter the pass- phrase from his own office or from BSNL’s office if his representative is physically present there. Typically, ‘Pass-Phrase’ of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself, when demanded by the concerned Tender Opening Officer.

There is an additional protection with SSL Encryption during transit from the client-end computer of a Supplier organization to the e-tendering server/ portal.

8. Public Online Tender Opening Event (TOE) ETS offers a unique facility for ‘Public Online Tender Opening Event (TOE)’, Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices. For this purpose, representatives of bidders (i.e. Supplier organization) duly

The Bid Form duly filled in and signed along with Company Seal. In case bidder happens to be a MSE/NSIC bidder and claims exemption for 1 and 2 above, the documentary evidence with UAM Number (duly certified by MSE/NSIC authority) for the same shall be submitted. Power of attorney in accordance with clause 14.4 (a), (b) & (c) of Section -IV Part A.

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authorized are requested to carry a Laptop and Wireless Connectivity to Internet. Every legal requirement for a transparent and secure ‘Public Online Tender Opening Event (TOE)’ has been implemented on ETS. As soon as a Bid is decrypted with the corresponding Pass-Phrase’ as submitted online by the bidder himself (during the TOE itself), salient points of the Bids are simultaneously made available for downloading by all participating bidders. The tedium of taking notes during a manual ‘Tender Opening Event’ is therefore replaced with this superior and convenient form of ‘Public Online Tender Opening Event (TOE)’. ETS has a unique facility of ‘Online Comparison Chart’ which is dynamically updated as each online bid is opened. The format of the chart is based on inputs provided by the Buyer for each Tender. The information in the Comparison Chart is based on the data submitted by the Bidders. A detailed Technical and/ or Financial Comparison Chart enhance Transparency. Detailed instructions are given on relevant screens. ETS has a unique facility of a detailed report titled ‘Minutes of Online Tender Opening Event (TOE) covering all important activities of ‘Online Tender Opening Event (TOE)’. This is available to all participating bidders for ‘Viewing/ Downloading’.

There are many more facilities and features on ETS. For a particular tender, the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer.

IMPORTANT NOTE: In case of internet related problem at a bidder’s end, especially during ‘critical events’ such as – a short period before bid-submission deadline, during online public tender opening event, during e-auction, it is the bidder’s responsibility to have backup internet connections. In case there is a problem at the e-procurement/ e-auction service-provider’s end (in the server, leased line etc) due to which all the bidders face a problem at the e-procurement/e-auction service-provider’s end (in the server, leased line etc.) due to which all the bidders face a problem during critical events, and this is brought to the notice of BSNL by the bidders in time, then BSNL will promptly re-schedule the affected event(s).

9. Clause deleted 10. Other Instructions

For further instructions, the vendor should visit the home-page of the portal https://www.tenderwizard.com/BSNL & www.kerala.bsnl.co.in, and go to the User -Guidance Centre

The help information provided through ‘ETS User-Guidance Center’ is available in three categories – Users intending to Register / First-Time Users, Logged-in users of Buyer organizations, and Logged-in users of Supplier organizations. Various links are provided under each of the three categories.

Important Note: It is strongly recommended that all authorized users of Supplier organizations should thoroughly peruse the information provided under the relevant links, and take appropriate action. This will prevent hiccups, and minimize teething problems during the use of ETS.

The following FOUR KEY INSTRUCTIONS for BIDDERS’ must be assiduously adhered to

1. Obtain individual Digital Signing Certificate (DSC or DC) well in advance of your first tender submission deadline on ETS 2. Register your organization on ETS well in advance of your first tender submission deadline on ETS 3. Get your organization’s concerned executives trained on ETS well in advance of your first tender submission deadline on ETS

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4. Submit your bids well in advance of tender submission deadline on ETS (There could be last minute problems due to internet timeout, breakdown, et al) While the first three instructions mentioned above are especially relevant to first-time users of ETS, the fourth instruction is relevant at all times. Minimum Requirements at Bidders end

Computer System with good configuration (Min P IV, 1 GB RAM, Windows XP) Broadband connectivity. Microsoft Internet Explorer 6.0 or above Digital Certificate(s) 11. Vendors Training Program Vendors are requested to contact ITI Helpdesk for any assistance/training required for e-bidding:-

Tender Wizard Helpdesk

Telephone/ Mobile 9746118519,9747363433

[between 9:30 hrs to 18.00 hrs on working days]

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SECTION -V

PART-A GENERAL (COMMERCIAL) CONDITIONS OF CONTRACT

1. APPLICATION

The general condition shall apply in contracts made by the Department for the procurement of service/goods.

2.. STANDARDS

The Service/goods supplied under this contract shall conform to the standards prescribed in the Scope of work mentioned in Section-III.

3. PATENT RIGHTS

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

4. PERFORMANCE SECURITY

4.1 All suppliers (including MSEs who are registered with MSME bodies like National Small Scale Industries Corporation etc.) shall furnish performance security deposit to the Department for an amount equal to 5% of the total estimated cost of the work per zone within 21 days from the date of issue of advance Purchase order/ Letter of Intent by the Department.

4.2 The proceeds of the performance deposit shall be payable to the Department as compensation for any loss resulting from the suppliers failure to complete its obligations under the contract.

4.3 The performance security deposit can be remitted as demand draft drawn in favour of the Accounts

Officer (Cash), O/o GMT, BSNL, Alappuzha and payable at Alappuzha. 4.4 The performance security deposit will be refunded by the Department after six months from the date

of payment of the final bill for the pillar work by the contractor during the contract period/extended period after meeting all the contractual obligations.

4.5 The performance security deposit will not bear any interest.

5. 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.

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6. 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.

7. The tenderer is being permitted to give tenders in consideration of the stipulations on his part that after submitting his tenders, he will not resale 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.

8. Deleted

9. 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.

10. 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.

11. If the tenderer does not accept the offer, after issue of letter of award by BSNL within 21 days, the offer made shall be deemed to be withdrawn without any notice & earnest money forfeited.

12. In case of 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 annexure, if any should be signed by the tenderer.

13. 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.

14. BSNL Alappuzha 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.

15. 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 Alappuzha. In the event of non deposit of the same, the earnest money deposit will be forfeited.

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16. GST or any other tax applicable or 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 GST or any other tax which is as per the rules of the Govt. shall be deducted at source from bills of the successful tenderer, as per rules/instructions made applicable from time to time by government.)

17. GMT, Alappuzha 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.

18. Decision of the GMT, Alappuzha 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, Alappuzha. 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.

19. 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 should be acted upon immediately.

20. The rate should be quoted keeping in view all statutory liabilities (like minimum wages, EPF, ESI, Services Tax etc.), other factors like service charge, cost of input etc.

21. DISPUTE AND ARBITRATION:

21.1 In the event of any question, dispute or difference arising under this agreement or in connection there-with except as to matter the decision of which is specifically provided under this agreement, the same shall be referred to sole arbitration of the Chief General Manager, Kerala Circle or in case his designation is changed or his office is abolished then in such case to the sole arbitration of the officer for the time being entrusted whether in addition to the functions of the Chief General Manager, Kerala Circle or by whatever designation such officers may be called (hereinafter referred to as “the said officer”) and if the Chief General Manager, Kerala Circle or the said officer is unable or unwilling to act as such to the sole arbitration or some other person appointed by the Chief General Manager, Kerala Circle or the said officer is unable or unwilling to act as such to the sole arbitration the agreement to appoint an 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 Government/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 Government/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 Chief General Manager 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.

21.2 The arbitrator may from time to time with the consent of parties enlarge the time for making and publishing the award, subject to aforesaid Indian Arbitration and Conciliation Act 1996 and the Rules made there under, any modification thereof for the time being in force shall be deemed to apply to the arbitration proceeding under this clause.

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21.3 The venue of the arbitration proceeding shall be the office of the Chief General Manager, Kerala Circle or such other places as the arbitrator may decide. The following procedure shall be followed.

21.3.1 In case parties are unable to reach a settlement by themselves, the dispute should be submitted for arbitration in accordance with contract agreement.

21.3.2 There should not be a joint submission with the contractor to the sole Arbitrator.

21.3.3 Each party should submit its own claim severally and may oppose the claim put forward by the other party.

21.3.4 The onus of establishing his claims will be left to the contractor.

21.3.5 Once a claim has been included in the submission by the contractor, a reiteration or modification thereof will be opposed.

21.3.6 The “Points of defence” will be based on actual conditions of the contract.

21.3.7 Claims in the nature of ex-gratia payments shall not be entertained by the Arbitrator, as these are not contractual.

21.3.8 The question whether these conditions are equitable shall not receive any consideration in the preparation of “points of defence”

21.3.9 If the contractor includes such claims in his submission, the fact that they are not contractual will be prominently placed before the Arbitrator.

The award of the sole Arbitrator shall be final and binding on all the parties to the dispute.

22. 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. PAN no: 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, GST etc., paid to the concerned authorities.

23. PAYMENT OF BILLS:

a) 97.5% payment on receipt of bills of completed works. Balance 2.5% payment after 1 year. Thus total security deposit will be 7.5%. Income tax and works contract tax at the prevailing rates will be deducted from each bill. The concerned SDE, on receipt of the bills shall forward the same to the Planning section, Office of the General Manager, Telecom, Alappuzha through his controlling Officer for payment after certifying that the repair work has been carried out satisfactorily and furnishing all the necessary certificates. Bills are to be processed through ERP as per the norms by concerned SDE and signed copy of PO and SES has to be submitted along with the bill. The notification no, Order no, and PR no. may be mentioned in the bill.

b) Income tax as per rules will be deducted from the bill of the contractor and remitted to the income tax authorities unless an order to the effect that the income tax is not to be collected is produced from the income tax authorities. Work contract tax also will be deducted from the contractor’s bill and remitted to the concerned authorities.

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c) 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.

23.1. e-payment

1. In 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. 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. 3. The bidder must submit the Mandate form (Section XIV) for transfer of payment through Electronic Clearance/Electronic Fund transfer. 4. In case e-payment is not possible, payment shall be made by Account payee cheque 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 BSNL.

23.2 For claiming payment, the following documents are to be submitted to the paying authority

a. All the details of supplier (name, address, GSTIN, place of supply, SAC/HSN code etc.) and other mandatory details shall be mentioned in the invoice.

b. Timely uploading of correct and necessary information on GSTN portal is mandatory as prescribed in GST compliance.

c. Any other document as may be demanded by BSNL.

23.3 Application of various provisions under Goods & Service Tax Act (GST) 2017.

a) Tax Clause – All taxes except CGST, SGST, UTGST & IGST if any, required to be paid on the invoices shall be borne by the supplier. TDS/TCS shall be deducted at the prescribed rate, if any (as the case may be).

b) 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. 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.

c) 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. BSNL can adjust/forfeit Bank Guarantee obtained from the supplier against any loss of input tax credit to BSNL on account of supplier’s default.

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

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*All the details of contractor (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 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-way bill number should be mentioned on the invoices;

d) 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 be required to indemnify BSNL of the loss of credit due to mismatch and BSNL shall recover the said amount from vendor. The compliances to be adhered by supplier include (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 complaint 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 mismatch 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.

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.

e) 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 prescribed time. All documents should be received well in advance so as to enable BSNL to claim proper credit.

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Further it shall be the responsibility of the 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. 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, whichever is earlier.

f) Purchase/Work order - It is understood between the parties that supplier shall raise invoice on the basis of purchase/Work order issued by BSNL. In case of any deviation or disagreement by supplier on place of supply, billing location, HSN code/SAC code stated on PO, it shall be the responsibility of supplier to intimate BSNL well in advance.

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.

g) Place of supply/work - For the purpose of this agreement, place of supply/work under GST Act shall be the place of supply/work as determined under purchase/Work 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/work as determined in PO/WO.

h) 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

i) 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)

j) Liquidated damage - GST (if applicable) on account of liquidated damages due to delay in supply of goods/work would be borne by supplier.

24. 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.

25. 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

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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.

26. 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 of the contractor failing to comply with any of the conditions here in specified, the GMT, Alappuzha 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, Alappuzha 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, Alappuzha 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, promised 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, Alappuzha 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, Alappuzha 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.

27. 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 Alappuzha, 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

Part – B SPECIAL CONDITIONS OF CONTRACT

1. The Customer 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 financial bid attached along with the tender document (Section XVI), 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 GST 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, Alappuzha. Tenderer whose tender is accepted will have to execute an agreement, as per Section XV, in a stamped paper worth Rs.200/-within 14 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, Alappuzha 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.

6. Approximate no of pillars of each category for painting is given under Section - I. 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 is to be attached. 8. Tenders will be opened at 13:00 hrs on 25/03/2019 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

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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 blacklisting 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 patchworks works shall be for a minimum period of two years 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. 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 excluding GST. 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.

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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, Alappuzha 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 Alappuzha 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 workers 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. 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 employees deployed for CONTRACT. 33. The bidder shall provide proper identity card to the persons utilized/ subcontractors 34. Penalty clause

(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. (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, Alappuzha reserves the right to reject any or all Tenders in whole or in part without assigning any reasons therefore. The decision of GMT Alappuzha SSA shall be final and binding on the contractor/agency in respect of any clause covered under the Contract.

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SECTION -VI

UNDERTAKING AND DECLARATION

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

Certified that:

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.

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.

The tenderer hereby covenants and declares that:

All the information, Documents, Photocopies of the Documents/Certificates enclosed along with the

tender offer are correct.

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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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

3. Give a brief note on your capacity to carry out the

work of painting of pillars :

4. Are you doing painting works

under rate contract basis of :

any other Telecom District of BSNL

5. Permanent Income Tax number :

6. GST Registration No :

7. EPF Registration No. if applicable :

SIGNATURE OF THE TENDERER

Date: NAME & ADDRESS

PHOTO

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SECTION -VIII

BID FORM

No: PLG-III/512/NIT PILLAR ZONE-II/ALP/2018-19/4 Dated at ALP the 21/01/2019

To

The General Manager, BSNL, Telecom District, Alappuzha 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 refurbishing of corroded/damaged pillars/ Painting/Earthing of pillars in Alappuzha BA 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 150 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………… Signature of the Bidder

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SECTION -IX

LETTER OF AUTHORISATION FOR ATTENDING BID OPENING

Tender Number: ………………………….

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 received.

Signature of the Bidder

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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 the contractor’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 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.

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 __________ 2019

Signature of Bidder

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SECTION -XI

CERTIFICATE

(FOR TENDER DOCUMENT DOWNLOADED FROM INTERNET)

I …................................................................. …................ (authorised signatory ) hereby declare that the tender document submitted has been downloaded from web site htttp/:www.keralatecom.com and no addition deletion/correction has been made in the downloaded tender document. I also declare that I have enclosed 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

Signature of the Bidder

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Signature of the bidder Page 40

SECTION – XII

REFUND OF EMD From To The General Manager Telecom, BSNL, Alappuzha. Sir, Request for refund of EMD reg:

Ref PLG-III/512/NIT PILLAR ZONE-II/ALP/2018-19/4 Dated at ALP the 21/01/2019 I/We have submitted tender for 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. …………….(Rupees……………………………………………..………………………..) from Accounts Officer (Cash), BSNL, Office of the General Manager Telecom,BSNL, Alappuzha towards EMD amount remitted as per tender No. Tender No. PLG-III/512/NIT PILLAR ZONE-II/ALP/2018-19/4 Dated at ALP the 21/01/2019

Signature :

Date : Name & Address: Signature of the Bidder

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SECTION –XIII PROFORMA OF POWER OF ATTORNEY (Refer Clause 14.4 of Section-4 Part-A)

(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, BSNL, Alappuzha BA in connection with their Tender No. PLG-III/512/NIT PILLAR ZONE-II/ALP/2018-19/4 Dated at ALP the 21/01/2019 for refurbishing of corroded/damaged pillars/Painting/Earthing of pillars in Alappuzha BA –Zone II 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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SECTION -XIV

MANDATE FORM FOR TRANSFER OF PAYMENTS THROUGH ELECTRONIC CLEARANCE / ELECTRONIC FUND TRANSFER SCHEME. To The General Manager BSNL, Alappuzha BA 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: Note : Copy of First page of passbook or a cancelled cheque leaf may be attached.

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SECTION – XV

AGREEMENT

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

The successful tenderer shall have to execute the following agreement;

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 his successors, heirs, 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.

Whereas the contractor has offered to enter into contract with the said BSNL for the refurbishing of corroded/damaged pillars/Painting /Earthing of pillars in various places in Alappuzha BA – ZONE II on the terms and conditions herein contained in the tender No. PLG-III/512/NIT PILLAR ZONE-II/ALP/2018-19/4 Dated at ALP the 21/01/2019 and the rates approved by the BSNL (annexure attached) have been duly accepted and where as the necessary security deposits have been furnished in accordance with the provisions of the tender document 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 labourers employed at his own expenses and by means of tools, implements and equipment etc. to be supplied by him to his labourer at his own expenses, all repair works as described in tender documents (annexed to the agreement), when the BSNL or General Manager Alappuzha BA 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 NIT (Notice inviting tender), The Bid documents (Qualifying and Financial), 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

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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 and at the places fixed by the DE in charge of that area.

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, 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. In witness whereof the parties presents have hereunto set their respective hands and seals the day and year in…………………at place…………….

Signed and delivered by the Signed and delivered for and

Above named contractor on behalf of the CMD BSNL

In the presence of In the presence of

1. Signature 1. Signature

Name: Name

Address Designation

2. Signature 2. Signature

Name: Name

Address Designation

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SECTION –XVI

FINANCIAL BID

1. Name of Bidder (in block letters) : 2. Postal Address in full (in block letters) & Telephone No:

Sl No: Work Details Rate in

figures (Rs.) GST (%) Rate in Words

1 Rate for sq.cm in case of replacement of corroded portion

2 Rate for cm in case of replacement of corroded angle iron

3 Rate for replacement of one hinge and door fixing

4 Rate for sq.cm for provision of Aluminum top

5 Rate for New Plinth of a pillar 6 Rate for repair to Plinth of a pillar 7 Rate for trenching for a new pillar 8 Rate for Earthing of a pillar

9 Rate for painting with under coating on a pillar

Pillar Size 200 400 800 1000 1200 1600 2000

Rate quoted for repairing including cost of materials, cleaning, transportation, all taxes, levies, but excluding GST. (Rates should be quoted in figures and words. The bidder shall attest corrections.) Certified that I have read and understood all the terms and conditions set in the Tender Notice No: PLG-III/512/NIT PILLAR ZONE-II/ALP/2018-19/4 Dated at ALP the 21/01/2019 Signature of Bidder

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CHECK LIST

Documents required to be submitted through e-Tender Portal The following documents must accompany the bid else will be considered as non-responsive and will be summarily rejected without any notice.

Sl

NoDescription

Remarks---(Yes(Y),No(N), Not Applicable

(NA)

1 Scanned copies of all pages of Tender document duly signed by the tenderer or Authorised person on all pages along with seal

2 EMD & Cost of Tender Form

3 Self-Attested Scanned copy of PAN Card

4 No near relative certificate duly filled in and signed

5 Scanned copy of Letter of Authorisation to Tender Opening Event (TOE) , if any

6 Tenderer’s profile duly filled. 7 Self-Attested scanned copy of Bid form duly filled and Signed

8 Self-Attested Scanned copy of Original "Power of Attorney" in case person signed the tender documents is other than proprietor i.e for other than proprietorship Firm

9 Self-Attested Scanned copy of "Partnership Deed" duly registered if applicable

10 True copy of experienced certificate from Divisional Engineer or equivalent authorities.

11 Self-Attested Scanned copy of GST registration certificate

12 Undertaking & declaration Proforma duly filled & signed as per Section -VI

13 Copy of EPF & ESI Registration certificate if any, duly attested

14 Valid MSE Certificate with UAM number, if applicable. In case the ownership of such MSE Entrepreneurs happens to be from SC/ST category, proof in this regard also need to be submitted

N.B.: All copies of the above documents should also be submitted to the office by the bidder before closing date. Bidder should produce the relevant original documents for verification as and when required by BSNL. NOTE: (All corrections and overwriting must be signed with date by the tenderer or his authorized representative)