E-Tender Document210.212.239.99/electrical2/civ_tender/O_11201715_ENK...Signature of bidder 1 BHARAT...

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Signature of bidder 1 BHARAT SANCHAR NIGAM LIMITED (A Govt. Of India Enterprise) Office of the Principal General Manager Telecom, BSNL, Ernakulam-682016. E-Tender Document TENDER DOCUMENT FOR CARE TAKER IN IQs Ernakulam BA MM/70-107/2017-18/02 dated at Ernakulam the 20/11/2017 Document Number: Bidder’s Name & Address: Cash Receipt no: DD/ No.: DD Date: BANK: Cost of Tender document : Rs.590/-

Transcript of E-Tender Document210.212.239.99/electrical2/civ_tender/O_11201715_ENK...Signature of bidder 1 BHARAT...

Page 1: E-Tender Document210.212.239.99/electrical2/civ_tender/O_11201715_ENK...Signature of bidder 1 BHARAT SANCHAR NIGAM LIMITED (A Govt. Of India Enterprise) Office of the Principal General

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

Office of the Principal General Manager Telecom, BSNL, Ernakulam-682016.

E-Tender Document TENDER DOCUMENT FOR CARE TAKER IN IQs

Ernakulam BA

MM/70-107/2017-18/02 dated at Ernakulam the 20/11/2017

Document Number:

Bidder’s Name & Address:

Cash Receipt no: DD/ No.: DD Date: BANK:

Cost of Tender document : Rs.590/-

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INDEX

No. Chapter

Annexure Page no.

1. NIT 3-4

2. Section I E-Tendering instructions to bidders 5-8

3. Section-II Terms and Conditions

9-14

4. Section-III General Conditions 15-22

5. Check list I 23

6. Bidders profile. II 24

7. Letter of authorization.

III 25

8. Bid Form. IV 26

9 Agreement Performa. V 27-29

10 ECS Mandate. VI 30

11. Certificate of No Near relative VII 31

12. Certificate for tender document downloaded from web site. Financial Bid ( Rate Schedule)

VIII 32

13 Esimated Amount & EMD IX 33

14 Letter to refund EMD & Pre receipt X 34

15 Vendor Master Form XI 35-36

16 Déclaration on clause by clause compliance XII 37

17 Financial Bid XIII 38

18 Power of Attorney XIV 39

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BHARAT SANCHAR NIGAM LIMITED

(A Govt. Of India Enterprise) Office of the Principal General Manager Telecom, BSNL, Ernakulam 682016

MM/70-107/2017-18/02 dated at Ernakulam the 20/11/2017

NOTICE INVITING TENDER

Competitive e-tenders are invited for and on behalf of the Chairman and Managing

Director, Bharat Sanchar Nigam Limited by Principal General Manager, Telecom, Ernakulam from the reputed registered agencies or firms or contractors or societies registered for the welfare of ex-employees of Central/State Government/Public Sector and having registration with Labour Commissioner (to be submitted as and when required) for providing manpower for services of CARE TAKING in the following Inspection Quarters (IQs) of BSNL Ernakulam.. The estimated requirement of work is furnished in Annex ure IX of the tender document.

Services of care taking and general up keeping works are required at the following IQs. EMD for each station is mentioned in the last coloumn.

Sl.No Station where IQs are available

No of Suits Required number of shift duties of 8 hour per day.

EMD

Amount

01 SRM Road Exchange, Ernakulam.

4 3 6000

02 BSNL Bhavan, Ernakulam 6 + Conference

Hall

3 6000

03 Boatjetty Exchange,Ernakulam & IQ

at Thevara staff quarters

6 3 6000

04 Munnar 10 3 6000

The fee for the tender documents may be paid in the form of crossed DD from any nationalized/ Scheduled bank payable at drawn in favour of Accounts Officer (Cash), O/o PGMT, BSNL, Ernakulam. Tender Document can be downloaded from website www.tenderwizard.com/BSNL & www.kerala.bsnl.co.in in which, the cost of tender document should be enclosed in the form of a DD along with the tender documents and the same will be submitted to AGM (MM), O/o PGMT, BSNL Bhavan, Kalathiparambu Rd , Kochi 16. Tender processing fee in the form of e-payment may be submitted to ITI.

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Bidders also have to submit EMD along with the Tender Document. Firms registered under NSIC (for the same work) are exempted from remitting EMD for the specific work on production of valid certificate. The payment will be accepted in the form of Crossed Demand Draft drawn on any nationalized/ scheduled bank payable in favour of Accounts Officer(Cash), O/o PGMT, BSNL, Ernakulam.

Cost of Tender document Rs.590/- Availability of Tender document for downloading 20.11.2017 to

20.12.2017 at 13.00 Hrs.

Last date and time of online submission of Tender documents .

20.12.2017 at 13.30 Hrs.

Last date and time for submission of Tender Document, EMD and cost of bid document in original in sealed envelope at BSNL office

20.12.2017 at 13.30Hrs.

Time and date of opening of Technical bid 20.12.2017 at 14.00Hrs

Time and date of opening of Financial Bid ( on line)

20.12.2017 at 14.30Hrs

Estimated cost Rs.1000000.00

If the date of opening through online of e-Tender happens to be a holiday, tenders will be opened at the same time on the next working day. All tenders failing to fulfill the prescribed conditions or are incomplete shall be summarily rejected. PRINCIPAL GENERAL MANAGER TELECOM, BSNL, Ernakulam reserves the right to cancel the tender at any stage without assigning any reason.

Sd/- Assistant General Manager (MM) O/o PGMT, BSNL Bhavan

Ernakulam Telephone No.0484-2376700

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SECTION I

E-tendering Instructions to Bidders

Note:-The instructions given below are ITI’s e-tender portal centric and for e-tenders invited by O/o PGM, BSNL ,Ernakulam BA, Kerala Telecom Circle .

General:- . Submission of Bids only through online process is mandatory for this Tender. For conducting electronic tendering, BSNL, Kerala Telecom Circle, Trivandrum is using the portal (https://www.tenderwizard.com/BSNL) of M/s ITI , a Government of India Undertaking. 1. Tender Bidding Methodology: Sealed Bid System –‘single bid system – 1) Technical Bid & 2) Financial bid shall be

submitted by the bidder at the same time on the portal. 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

• Query to BSNL (Optional)

• View response to queries posted by BSNL, as addenda. 7. Bid-Submission on ETS 8. Attend Public Online Tender Opening Event (TOE) on ETS Opening of Technical & Financial

Part as specified in the tender document. 9. View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond to BSNL’s Post-TOE

queries. 10. Participate in e-Reverse Auction on ETS (if applicable)

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

Note 1: It is advised that all the documents to be submitted are kept scanned and converted to PDF format in a separate folder on your computer before starting online submission. Financial Bid (Excel Format) may be downloaded and rates may be filled appropriately. This file may also be saved in a secret folder on your computer.

Note 2: While uploading the documents, it should be ensured that the file name should be the name of the document itself.

3. Digital Certificates

For integrity of data and its authenticity/ non-repudiation of electronic records, and be compliant 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 3 or above, issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer http://www.cca.gov.in].

(a) Registration

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Tender document can be downloaded from the website: www.tenderwizard.com/BSNL and to be submitted in the e-format as well as by post/courier/by hand. Cost of Tender Document (in the form of DD) and Bid Security (in the form of Bank Guarantee in original) ,Power of Attorney in original along with the hard copies of all documents which are uploaded in the e –tender portal and the same should be submitted to AGM (MM),O/o PGMT, BSNL Bhavan , Kochi 16 , before the scheduled date and time of submission of the tender otherwise the Bid will not be considered. Amendments, if any, to the tender document will be notified in the above website as and when such amendments are notified. It is the responsibility of the bidders who have downloaded the tender document from the website to keep themselves abreast of such amendments before submitting the tender document.

Intending bidders are requested to register themselves with M/s. ITI through www.tenderwizard.com/BSNL for obtaining user-id, Digital Signature etc., by paying Vendor registration fee. Tender processing fee payment should be done during requisition of tender on line.

BSNL has decided to use process of e-tendering for inviting this tender and thus the physical copy of the tender would not be sold.

Note: After successful submission of Registration details and Vendor registration fee and processing fee (as applicable). Please contact ITI Helpdesk (as given below), to get your registration accepted/activated.

ITI Helpdesk

Telephone/Mobile Nos Mr.Tharanath, 9746118519

e-mail [email protected]

Mr Sanil Mob. 09747363433

e-mail :[email protected]

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

E-mail ID [email protected]

5. Bidding related Information for E- Tender (Sealed Bid) The entire bid-submission would be online on ETS. Broad outline of submissions are as follows: The documents should be uploaded as follows During “Request “stage of uploading, upload the following documents only.

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1. DD for Tender Fee as per DNIT (Scanned copy on e-Tendering Portal and Physically to Tender Inviting Officer in case of e-Tender). 2. Bank Guarantee/DD for EMD as per DNIT (Scanned copy on e-Tendering Portal and Physically to Tender Inviting Officer in case of e-Tender). 3. Valid NSIC/ MSE Certificate, 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. 4. Valid PAN No. 5 Valid GST Registration Number 6. Power of Attorney (if applicable) .Scanned copy on E-Tendering Portal and original to be

submitted to Tender Inviting Officer in case of e-Tender. 7. Scanned copy of all required certificates as per clause 6 of Section-II 8 Article of Memorandum of Association or Partnership deed or Proprietorship deed (if Applicable) 9. Proof of experience (Scanned copy on E-Tendering Portal and original to be submitted to Tender Inviting Officer ) 10.Valid document showing the registration with Labour departments / Tax authorities. (Labour registration is compulsory only if the tenderer engages more than 10 labourers)

During “submission” stage, upload the remaining documents alone. 6. Offline Submissions of Eligibility Certifying Documents:

The bidder is requested to submit the all the documents related to eligibility (originals) offline to

AGM(MM), O/o PGM,BSNL Bhavan, Kalathiparambu Road , Koch-16 as specified in the Tender document,

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 Encrypt functionality, the contents of both the ‘Electronic Forms’ and the ‘Main-Bid’ are securely encrypted using a Pass-phrase created by the server itself. The Pass phrase is more difficult to break. 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.

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) dully 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 work of taking notes during a manual ‘Tender Opening

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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 in electronic forms. A detailed Technical and Financial Comparison Chart (after financial evaluation) 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. 9.E-Reverse Auction (NOT APPLICABLE) 10. Other Instructions For further instructions, the vendor should visit the home-page of the portal (https://www.tenderwizard.com/BSNL). 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:

(i) Obtain individual Digital Signing Certificate (DSC or DC) well in advance of your first tender submission deadline on ETS

(ii) Register your organization on ETS well in advance of your first tender submission

deadline on ETS (iii) Get your organization’s concerned executives trained on ETS well in advance of your first

tender submission deadline on ETS (iv) Submit your bids well in advance of tender submission deadline on ETS .There could be last

minute problems due to internet timeout, breakdown, etc. While the first three instructions mentioned above are especially relevant to first-time users of ETS, the fourth instruction is relevant at all times.

11. 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 and Digital Certificate(s)

12. Vendors Training Program Vendors may contact the ITI Helpdesk personnel given in clause 4 of Section I Part C , for any type of training/help, which they may require while uploading the bids.

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SECTION-II BHARAT SANCHAR NIGAM LIMITED

(A Govt. of India Enterprise) O/o Principal General Manager Telecom,

BSNL, Ernakulam.

MM/70-107/2017-18/02 dated at Ernakulam the 20/11/2017 TERMS AND CONDITIONS

1. PREAMBLE

For and on behalf of CMD, BSNL, New Delhi, the Principal General Manager, BSNL, Ernakulam invites E-Tenders from the reputed registered agencies or firms or contractors or societies registered for the welfare of ex-employees of Central/State Government/Public Sector and having registration with Labour Commissioner (to be submitted as and when required) for providing manpower for services of CARE TAKING in the following Inspection Quarters (IQs) of BSNL Ernakulam. in Ernakulam BA.

2. ELIGIBILTY CRITERIA 2.1. The reputed registered agencies or firms or contractors or societies registered for the welfare of ex-employees of Central/State Government/Public Sector and having registration with Labour Commissioner with GST Registration

2.2 Income tax return, PAN 2.3 Valid document showing the registration with Labour departments / Tax authorities.

(Labour registration is compulsory only if the tenderer engages more than 10 labourers)

3. SPECIFICATION & TERMS OF WORK : Details regarding the works are given

below. Sl.No Station where IQs are

available No of Suits Required number

of shift duties of 8 hour per day.

EMD

Amount

01 SRM Road Exchange, Ernakulam.

4 3 6000

02 BSNL Bhavan, Ernakulam 6 +

Conference

Hall

3 6000

03 Boatjetty Exchange,Ernakulam & IQ at Thevara staff quarters

6 3 6000

04 Munnar 10 3 6000

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This contract is valid for one year from the date of signing the agreement and can be extended for one more year under the same terms and conditions or till the finalization of the new tender, whichever is earlier, at the discretion of the Principal General Manager Telecom, Ernakulam BA.

4. ISSUE OF TENDER FORM/SCHEDULE

4.1 The cost of tender form is Rs.590/

4.2 Tender Document can be downloaded from the above mentioned websites. Cost of tender form can be remitted as a Demand Draft obtained from any Public Sector/ Scheduled Bank drawn in favour of “The Accounts Officer (Cash), BSNL, Ernakulam” payable at Ernakulam. Those downloaded Tender document from the website with, a Demand Draft as mentioned above covering the cost of tender document and EMD must accompany the bid. DD towards the cost of the tender document and EMD must be kept in the envelope carrying the technical bid. Such Technical bid not enclosed with cost of Tender Document and EMD shall be summarily rejected.

4.3. The tender document is not transferable and its cost once paid will not be refunded under any circumstances.

4.4. Any clarifications / explanations required with regard to any provision of this tender or in relation to the nature of work can be obtained from the AGM(MM) at the O/o PGMT, BSNL Ernakulam up to three clear days prior to the last date prescribed for the submission of the bids SUBMISSION OF BIDS 5 Method of Preparation of Bid

5.1 . Bid for each tender should be submitted in two envelopes placed inside the main envelope. These envelopes should contain the following: The first envelope named “Cost of tender form and EMD’ should contain receipt/DD for cost of tender document and EMD” , second envelope named ‘ Technical Bid’ should contain all bid documents except financial bid .

5.2. .All envelopes should be properly sealed (with sealing wax/packing PVC tape). The tenders which are not submitted in the above mentioned manner shall be summarily rejected.

5.3 .The main envelope must bear the following:

“Tender document for CARE TAKER IN IQs in Ernakulam BA” ” 5.4. The Financial Bid prepared as shall be uploaded to the website

www.tenderwizard.com/BSNL, as mentioned in Section-I and the Technical Bid may be dropped in to the tender box provided for the purpose kept with the Assistant General Manager (MM), Office of the Principal General Manager Telecom, 4th Floor, BSNL Bhavan, Kalathiparambu Road, Kochi -16 on the day as mentioned in the tender document..

5.5 The bids can also be sent by Registered Post addressed to “Assistant General Manager

(MM), Office of the Principal General Manager Telecom, 4th Floor, BSNL Bhavan, Kalathiparambu Road, Kochi -16 so as to reach before the time fixed for receipt of the tender document as indicated in page 4 of this NIT. Such bids, if received after the scheduled closing time for receipt of tenders, will be returned to the respective tenderers, irrespective of the reasons for such late receipt.

5.6 The Tenderer shall upload tender form duly filled in and signed on all pages along with EMD. In respect of tender documents downloaded from the above mentioned websites, the cost of the tender document in the form of Demand Draft as prescribed

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shall also be submitted as part of the Technical Bid.

5.7 All over writing/ erasures/ corrections in the bid shall be attested with date by the person signing the bid.

5.8 Bids shall be received only up to the closing date & time prescribed in the

NIT . In case the closing date prescribed happens to be an official holiday for the BSNL office, the next working day the tender can be submitted and the bids will be opened on the same date and time. However any bid received after the closing time and date shall be rejected irrespective of the reasons for delay.

5.9 No acknowledgements shall be issued by BSNL for tenders received, irrespective of the channel through which it is submitted.

5.10 Period of validity of bid will be 180 days from the date of opening of tenders unless extended.

6. List of documents to be submitted along with the tender : For Technical Bid. (All documents should be scanned and uploaded to www.tenderwizard.com/BSNL and the original should be submitted to BSNL, as per the date specified.) a. Tender documents in original, duly filled in and signed by the tenderer on each page. b. Bid Security (EMD) c. DD for the cost of Tender Document. d.Check list. (Annexure I) e.Tenderer’s profile.( Annexure II) f.Experience certificate to establish eligibility criterion.(Attested copy) g. Attested copy of GST registration. h. Certificate of no near relatives in BSNL. (Annexure VIII) i. Self Attested copy of PAN Card. j. Letter of authorization, if any. (Annexure III) k. Self Attested copy of Memorandum of association and articles of Association in case of Ltd. company. l. Self Attested copy of Partnership Deed in case of partnership firms. m. Self Attested copy of “Power of Attorney” in case person other than the tenderers has signed the tender documents. n. Mandate form for ECS/EFT (Annexure – VI)r. Advance stamped receipt for refund of EMD duly signed. Annexure X o. Vendor Master Form Annexure XI p. Declaration on clause by clause compliance Annexure XII q. Valid document showing the registration with Labour departments / Tax authorities. (Labour registration is compulsory only if the tenderer engages more than 10 labourers)

7 All documents should be scanned and uploaded to www.tenderwizard.com/BSNL and the original should be submitted to BSNL, as per the date specified.)

8. The rate shall be quoted both in words and figures. If there is difference between the rates furnished in words and figures the amount given in words shall prevail. Any corrections / erasures in the bid made by the bidder shall be signed by the persons signing the bid.

9. No modifications are allowed on the tender document and no overwriting shall be

admissible in the Financial Bid.

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10. Bid submitted with rates quoted in any manner not in conformity with the stipulation herein shall be summarily rejected.

11 .REJECTION OF BIDS AT THE STAGE OF OPENING

The bids shall be rejected at the stage of opening under the following circumstances: (a) In the financial bid, the rates are not quoted both in words and figures. (b) Any erasure or overwriting is seen in the financial Bid. (c) The tender form is not filled up completely and duly signed on all pages. (d) Any modification is done in the tender document. (e) Any failure to fulfill all conditions applicable under this tender. (f) The envelopes containing the bid documents are not superscribed

12. EARNEST MONEY DEPOSIT (EMD) 12.1. EMD is to be paid as per Annexure –IX of the tender document, along with the tender offer. 12.2 EMD can be paid in the form of Demand Draft issued by any Scheduled/Public Sector Bank and drawn in favour of the Accounts officer (cash),BSNL, Ernakulam payable at Ernakulam. 12.3 The Demand Draft covering the EMD amount shall be enclosed along with the tender offer as a part of the “Technical Bid”. 12.4.The EMD will not carry any interest. 12..5 The EMD shall be forfeited if the tenderer withdraws his offer during the validity period specified by the bidder in the bid form

12.6 The EMD will be refunded to unsuccessful Tenderers after finalization of the tender, subject to fulfillment of the required formalities.

12.7. In the case of successful Tenderers the EMD will be adjusted towards Security Deposit before executing agreement. 12.8. If a successful tenderer does not pay the Security Deposit and execute the agreement within the period prescribed under this tender or communicated by or on behalf of the Principal General Manager, Telecom ,BA, Ernakulam, then the EMD paid by the bidder will be forfeited to BSNL and the provisional acceptance of the bid by BSNL shall stand revoked. 13. OPENING OF BIDS Tenders will be opened online at 14:30 hours on date as mentioned in NIT and manually

in the cabin of the Asst. General Manager (MM),O/o the Principal General Manager Telecom,

BSNL , Ernakulam or any other officer authorized for the purpose by the Principal General

Manager, Telecom District, Ernakulam in the presence of the tenderers or their authorized

representative as may be present at the prescribed time and date of opening of the tender.

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14.SECURITY DEPOSIT :

14.1 The successful tenderer will be required to remit Security Deposit for an amount equal to 5% of the total contractual value within a period of 21 days from the date of issue of the letter of intent or within the time limit prescribed by PGMT, Ernakulam. EMD remitted will be adjusted towards Security Deposit. The balance Security Deposit shall be remitted by Cash/DD. 14.2 Security Deposit will not bear any interest. Security Deposit shall be made by any of the following means: 1. By cash to be paid at the counter of the Accounts Officer (Cash), O/o PRINCIPAL GENERAL MANAGER TELECOM, BSNL, ERNAKULAM. 2. By DD issued by any Scheduled/Public Sector Bank drawn in favour of Accounts Officer (Cash), BSNL, Ernakulam and payable at Ernakulam.

3.By Bank guarantee obtained from any Scheduled Public Sector Bank with a validity period of 18 months from the date of acceptance of the tender with a provision for extension of the period of validity if so required by BSNL

14.3 Security Deposit of the successful tenderer will be forfeited to BSNL in the following cases:

14.4. If after acceptance of the tender, the tenderer fails to carry out the job in accordance with the terms and conditions of the tender. 14.5 Any failure or delay to act in accordance with the terms and conditions of the tender or violation of terms and conditions of contract. 14.6 Any action or inaction on the part of the contractor resulting any direct or

indirect loss/damage to BSNL. 14.7 Any failure on the part of the contractor to faithfully observe all statutory

requirements and obligations related to the contract.

15.TENDER EVALUATION Tender evaluation will be separate for each IQs / group of IQs at different locations and is based on the Agency service charge quoted for 8 hour duty in item Sl. No. 4 of Annexure XIII.

8.2. While evaluating the tenders, the provisions of the Minimum Wages Act 1948 and other legislations/acts enunciated in Para 16.1 will be strictly kept in view.

16. AGREEMENT 16.1 The successful Tenderer will be required to execute an agreement on non-

judicial stamped paper of the value of Rs.200/- (Rupees two hundred only) after remitting the required Security Deposit. Failure of execution of agreement within a stipulated period or any extended period shall result in the cancellation of letter of intent and forfeiture of EMD.

16.2 The contract shall be valid for a period of one year from the date of signing the agreement and will be extended for one more year on mutual agreement on the same terms and conditions at the discretion of the Principal General Manager Telecom District, Ernakulum.

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17. AWARD OF CONTRACT

BSNL shall consider placement of letter of intent to the tenderer whose offer has

been found technically, commercially and financially acceptableas per NIT. The bidder shall, within 21 days of letter of intent, give his acceptance and shall furnish the requisite Security Deposit, failing which the letter of intent shall be deemed withdrawn with the forfeiture of EMD.

18. RIGHTS OF PRINCIPAL GENERAL M A N A G E R T E L E C O M , BSNL, ERNAKULAM.

18.1 The Principal General Manager Telecom, BSNL Ernakulam reserves the right to accept or reject any bid OR to cancel the bidding process and reject all bids, at any time prior to the award of contract without assigning any reason and without thereby incurring any liability to the affected bidder or bidders on the grounds of such action. 18.2 The Principal General Manager Telecom BSNL, Ernakulam shall be the final authority for deciding successful tenderer and his decision shall be final and binding on all parties involved in this tender.

18.3 The Principal General Manager Telecom , BSNL, Ernakulam reserves the right to terminate the contract entered into at any time by giving a written notice of 15 days if the discharge of the contractual liabilities of the contractor is assessed to be unsatisfactory by the above said officer or his representatives. Such termination of the contract shall be without prejudice to any other penal action that may be taken against the contractor within the terms and conditions of this Tender Documents.

18.4 The Principal General Manager Telecom , BSNL, Ernakulam shall not be held responsible for any loss or damage suffered by the contractor as a result of the cancellation of the letter of intent or work order.

18.5 The BSNL reserves the right to black list a bidder for a suitable period in case he fails to honour his bid without sufficient grounds.

19. APPLICATION Submission of bid against this tender shall bind the bidder for the acceptance of all the conditions specified herein and in the NIT unless otherwise agreed by BSNL in writing.

20. Force majeure: In the event of force majeure conditions such as acts of God, war declared or undeclared, hostilities, enemy actions, revolts, riots, legal lockouts, illegal strikes, epidemics, sabotage, extra ordinary act and regulations of Central or State Governments or Municipal bodies, the discretion to waive the tender conditions rests upon the undersigned.

21.SET OFF: Any sum of money due and payable to contractor under this contract may be appropriated by BSNL and set off the same against any claim of BSNL for payment of a sum of money arising out of this contract or any other contract made by the contractor with BSNL.

. Sd/- Assistant General Manager (MM)

O/o PGMT, BSNL Bhavan, Kalathiparambu Rd,

Kochi -682016

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SECTION III GENERAL CONDITIONS 1. Specification, terms and conditions General Conditions

1. Tender documents can be had from AGM (MM), O/o PGM Telecom, 4th Floor, BSNL Bhavan, Kalathiparambil Road, Ernakulam, Kochi-682016. The cost for tender documents may be paid either in cash at the Cash Counter of this office or in the form of crossed Demand Draft from any Scheduled/Nationalized Bank payable at Ernakulam in favour of Accounts Officer (Cash), O/O PGM Telecom, Ernakulam, Kochi-16. Tender form can also be downloaded from the website www.kerala.bsnl.co.in in which case DD for Rs.590/- towards cost of tender form should be attached along with tender document. 2. Fee for tender document is neither transferable nor refundable. The rate arising out of this tender shall be valid for the period up to one year from the date of execution of agreement and can be extended further for one year or until a new tender is finalized, whichever is earlier. 3.. The tender will be opened at 14.30 hours on 20/12/2017 by the undersigned, or any other person as may be authorized by the PGMT, Ernakulam on his behalf, in the presence of the tenderers or their representatives as may be present on the occasion. In case the above date happens to be a holiday or the tender could not be opened on this date due to any unforeseen reasons, the tender will be received /opened on the next working day at the same time at the same place.

4. The bidders shall submit the following documents along the tender document as proof of their eligibility.

i) EMD in the form of cash receipt or crossed demand draft/bankers cheque drawn in favour of

Accounts Officer (Cash), O/o the PGMT Ernakulam payable at Ernakulam.

ii) Experience certificate for minimum one year in similar works from reputed firms. iii) Copy of Income Tax PAN Card. iv) Copy of GST registration certificate. v) Valid document showing the registration with Labour departments / Tax authorities.

(Labour registration is compulsory only if the tenderer engages more than 10 labourers)

Tenders are liable to be rejected if self attested xerox copies of documents (ii) to (iv) are not enclosed along with the tender document.

5. QUOTING OF RATES: 5.1. The tender with firm price only will be considered. Conditional tenders will not be accepted. Rate should be quoted both in figures and words in English in the format available in Annexure XIII through online.

5.2. The BSNL shall not accept any responsibility for payment of additional charges on account of any escalation in cost of labour or materials, machinery, equipment etc. what-so-ever during the currency of the contract. However increase in minimum wages will be given by BSNL to the contractor so as to ensure that the labourers are getting minimum wages during the contracted period as per labour welfare laws.

5.3. While quoting rates, the bidder shall ensure that the labourers are getting minimum wages prescribed by Central or State labour welfare officers, whichever is applicable.

5.4. A special attention is also invited to Clause 6 of the notification of Ministry of Labour & Employment dated 20th May 2009 which is reproduced as below:-“Where in any area the minimum rates of wages fixed by this notification are lower than the minimum rates fixed by the State Government for employees in employment in aforesaid Employment in relation

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to which the Sates Government is the appropriate Government, the rates of wages fixed by the State Government shall in respect of these areas, be deemed to be the minimum rates of

wages payable under this notification”

5.5. Minimum wages prescribed for similar works for 8 hour duty is Rs. 318.00 + VDA applicable. This rate includes employees contribution for EPF & ESI @ 12% & 1.75%.

5.6. Employer contribution of EPF and ESI will be given by the principal employer @ 13.6 % and 4.75% respectively.

6. EARNEST MONEY DEPOSIT

6.1.Each tender should contain required EMD amount per stations (Please see page Section

II.(3) for details). One tender form can be used for quoting in anyone or many stations (IQs)

according to the choice of tenderer. Required EMD amount per station is to be remitted.

This amount can be remitted at the Cash Counter of the O/o PGMT, Ernakulam upto 12.30

hours on 20/12/2017 or by crossed D.D drawn in favour of the Accounts Officer (Cash),

BSNL, O/o PGMT, Ernakulam obtained from any scheduled / nationalised Bank and

payable at Ernakulam. The cash receipt/DD should also be attached along with the tender.

Tenders without proper EMD will be rejected outright

6.2.The tender offer shall remain open for acceptance for 120 days from the date of opening of

tender. The EMD will be forfeited to BSNL in case the tenderer withdraws his offer or fails

to execute the agreement when called for to do so.

6.3. The EMD of the tenderers whose tenders are not accepted will be refunded after

finalization of the tender.

7. Under clear and logically reasonable situations BSNL will have the right to reject any or all

the tenders. The decision of PGMT Ernakulam shall be final and binding on all concerned.

The BSNL also reserves the right to award the contract to more than one contractor and is

not bound to accept the lowest tender. Any tender which does not satisfy the terms and

conditions set out in the tender document is liable to be rejected.

8 Tender Evaluation

8.1. Tender evaluation will be separate for each IQs / group of IQs at different locations and is based on the Agency service charge quoted for 8 hour duty in item Sl. No. 4 of Annexure XII1.

8.2. While evaluating the tenders, the provisions of the Minimum Wages Act 1948 and other legislations/acts enunciated in Para 16.1 will be strictly kept in view.

9. SECURITY DEPOSIT:

9.1 The successful tenderer will have to remit an amount equivalent to 5% of the tendered amount towards Security Deposit. This amount may be remitted by cash/D.D or may be in the form of Bank guarantee valid for a period of minimum two years from Nationalised/Scheduled banks. The EMD of the successful tenderer will be adjusted against Security Deposit.

9.2.Security Deposit is to ensure faithful performance of the contract during the tender period. If the contractor fails or neglect to perform any of his obligations under the contract, it shall lead to forfeiture of Security Deposit in part or full.

9.3 Security Deposit shall be liable for appropriation/adjustment against compensation for interruption of service rendered, or cost of materials or stores lost or damaged while carrying out the work, or cost of materials or stores not returned to the ‘BSNL’ on

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completion of work, or cost of defective components, spares or tools towards damage of other utility services while carrying out the work, or any claim against the contractor for the payment of money arises out of or under this contract, which the contractor does not meet directly or through the running/final bills payable to him.

9.4.The performance Security Deposit/Bond will be discharged by the Contractor after the completion of the supplier’s performance obligation, including any warranty obligations under the contract.

9.5.All the compensation/other sum of money payable by the Contractor under the terms of this contract may be deducted from the Security Deposit or any sum which may be due or may become due to the contractor by the ‘BSNL’ on any account whatsoever. In the event of the Security Deposit being insufficient or if no Security Deposit has been taken from the Contractor, then the balance or the total sum recoverable as the case may be shall be deducted from any sum then due or which at any time thereafter may become due to the Contractor under this / any other contract with ‘BSNL’. If this sum is not sufficient to cover the full amount recoverable, the Contractor shall pay to ‘BSNL’ on demand the balance remaining due.

10. The successful tenderer will have to execute an agreement, after remitting the security deposit, in a Non judicial stamp paper of Kerala worth Rs.200/- (Rupees Two hundred only) at his own expenses. After execution of the agreement, the approved rate and contract shall be valid up to one year from the date of execution of the agreement and can be extended further for one year or until a new tender is finalized. However increase in minimum wages will be compensated by BSNL if claimed with documentary proof so as to ensure that the labourers are getting minimum wages during the contract period as per labour welfare laws.

11. The EMD and Security Deposit will not bear any interest.

12. METHOD AND MANNER OF PERFORMANCES:

12.1 The contractor shall be an independent contractor and have complete charge of the men/women engaged in the performance of the works. The contractor shall perform the works in accordance with the terms, conditions and specification contained in the tender document.

12.2 The contractor shall execute the work in the best and most substantial workman like manner during the period of contract. The contractor shall not employ on the works any unfit person or any one not capable or not properly qualified to properly perform the work assigned to him.

12.3 The contractor shall dismiss or remove from the site of the work any person or persons in the contractor’s employment in connection with the work, who may be incompetent or misconduct himself.

13. SUB- CONTRACTS:

13.1. The Contractor shall not assign sub-contract or subject the whole or any part of the work covered by the contract or any benefit thereof to any other person or persons.

13.2. The assignment or sub-contracting of any such work, if permitted shall not relieve the contractor of any of his liabilities and responsibilities in concern with the work covered by the contract The contractor shall be and remain primarily and principally liable to the ‘BSNL’ in terms thereof and for the due fulfillment of the contracted works, any assignee or sub-contractor being regarded merely as the agency of the contractor.

14. PARTNERSHIP FIRMS:

14.1.Where the contractor is a partnership firm, the previous approval in writing shall be obtained before any change is made in the constitution of the firm or transferring the business to another person or company.

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14.2. In the event of the contractor, with such consent aforesaid, transferring the business during the period of this contract, 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 engagements of the contractor under this contract and be subject to his liabilities there under.

15. CHANGES AND EXTRA WORK: 15.1. In the contract, the following expressions shall have the meaning hereby respectively

assigned to them:

(a) ‘CHANGE’ as used herein means a substitution for, or omission of any work or other requirements within the general scope of the work, for which the performance of or compliance with which is contemplated by the contract documents.

(b) ‘EXTRA WORK’ as used herein means any work or compliance with any requirements, other than a change which is not, expressly or impliedly contemplated by the contract documents, and which is necessary to be performed for the proper completion of the contracted work.

15.2.Any work or operation which shall be necessarily incidental to the proper performance of any item of work or part thereof shall be deemed to have been by implication provided for in the relevant item of work or part thereof and shall not constitute extra work. Any extra quantity of work already awarded will not come within the scope of ‘Extra Work’.

15.3.For extra work which is not covered within the scope of this contract, the Contractor will receive extra compensation on the basis of a lump sum unit price as may be agreed upon in advance.

15.4. If the altered, additional or substituted work includes any work for which rates are not specified in the contract and cannot be derived from similar class of work in the contract, then such work shall be carried out at rates to be agreed mutually.

16. LABOUR WELFARE AND FARE WAGES:

16.1.The contractor shall comply with the provisions of the payment of wage Act 1936, Minimum Wages Act 1948, Employees Liability Act 1938, Workmen’s Compensation Act 1923, Industrial Disputes Act 1947, Maternity Benefits Act 1964 and the Contractor’s Labour (Regulation and Abolition) Act 1970 or the modifications thereof or any other laws relating thereto and the rules made there under from time to time. The regulation aforesaid shall be a part of this contract and any breach thereof shall be deemed to be a breach of this contract. Tenders not conforming to the above requirement are liable to be rejected.

16.2.The contractor has to ensure that the labourers are getting the minimum wages prescribed by Central / State Governments. Payment to the labourers is to be disbursed in the presence of an officer nominated by BSNL. A certificate from this officer is to be attached along with the subsequent monthly bill.

16.3.The Officer-in-Charge shall have the right to deduct from the money due to the Contractor any sum required or estimated to be required for making good the loss suffered by a worker or workers employed directly or indirectly by the contractor for the work, by reasons of non-fulfillment of various Labour Welfare Acts and Labour Regulations which are in force in the Union of India from time to time, non-payment of wages or of deductions made from his or their wages which are not justified. The contractor shall indemnify ‘BSNL’ against payments to be made under for the observance of the laws cited in the aforesaid clause, contained in this Section of the Tender document.

16.4.The Contractor shall fulfill/comply with the provisions of EPF & Misc. Provisions Act 1952 & Employees’ Provident Fund Scheme 1952 in respect of labourers/employees engaged by them for performing the works of BSNL. Each claim bill of the contractors must be accompanied by the

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a. List showing the details of labourers/employees engaged b. Duration of their engagement c. The amount of wages paid to such labourers/employees for the duration in

question d. Amount of EPF contributions (both employer’s and employees’ contribution) for

the duration of engagement in question, paid to the EPF Authoritie e. Copies of authenticated documents of payments of such contribution to EPF

Authorities relating to previous month and, f. A declaration from the contractors regarding compliance of the conditions of

EPF Act 1952. 16.5.As per this Agreement, BSNL shall not be responsible for any of the claims or liabilities

of any of the workers, labourers or employees who may be engaged by the Contractor for conducting the House Keeping Services and auxiliary works in respect thereof

16.6.BSNL will not be responsible for any of the liabilities, claims or protection covered under any of the provisions contained in the law of land in respect of labour, employees and workers who may be engaged in House Keeping Services, including the Contractor.

16.7. Increase of minimum wage If there is an increase in minimum wages, an extra payment as per the following calculation will be given to the contractor so that the contractor will be able to maintain the minimum wages to the workers.

(Minimum Wages – 318 *) x 1.1836 (* Prevailing minimum wages for House Keeping Work is Rs.318/- + VDA for 8 hr. duty) Increase amount as per above calculation includes increase in the EPF/ESI contribution also. 17. WORKMEN’S COMPENSATION:

17.1 In every case in which by virtue of the provisions of the Workmen’s Compensation Act 1923, ‘BSNL’ is obliged to pay compensation to a workman, employed directly or indirectly by the Contractor for executing the work. ‘BSNL’ will recover the amount of the compensation so paid from the Contractor, and without prejudice to the rights of the BSNL under the said Act. ‘BSNL’ shall be at liberty to recover such amount or any part thereof by deducting it from the Security Deposit or from any sum due by ‘BSNL’ to the Contractor whether under this contract or otherwise. ‘BSNL’ shall not, normally, implicate itself in such cases, made against it under the said Act. However, to up-hold the interest of ‘BSNL’, if it is required to do so, the Contractor shall provide to ‘BSNL’ full security for all costs for which ‘BSNL’ might become liable in consequence of contesting such claim.

17.2 The labourers, workers, employees including the contractor are not at all entitled to get any of the benefits, claims or liabilities including civil, criminal, tortuous liabilities contained in the various provisions of the law of land from BSNL.

17.3 The Contractor alone is fully responsible for whatever damages, losses etc that may be incurred in conducting the services. BSNL shall be indemnified against any such claims for damages and losses by the contractor.

17.4 BSNL can suggest the Contractor for taking Insurance cover for the liabilities, losses and/or damages etc for the articles and persons for his own protection. However, this suggestion of BSNL must not be construed as taking any responsibility on the same and hence BSNL will not be in the party array. The responsibility of taking insurance cover for such liabilities, losses and/or damages for the articles and persons will solely rest with the contractor and BSNL has no stake in it. The Insurance cover, however, will be restricted to the employees, and the articles of the Contractor and not for the assets of BSNL or BSNL personnel

17.5 In the event of there being any loss or damages caused to BSNL or BSNL personnel during the tenure of the Contract period, the Contractor is liable to compensate for such losses or damages to BSNL.

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17.6 The Contractor shall have to take safety measures for his labourers, workers etc who may be engaged by the Contractor.

18. TAXES AND DUTIES:

Contractor shall pay all levies, fees, royalties, taxes and duties payable under the provisions of Statute, Rules or Regulations of the Central/State Government or Local Bodies arising out of the Contract or by virtue of the Contract or incidental to the Contract in respect of the works or operation(s) or any part thereof to be performed by the Contractor. The Contractor shall allow the ‘BSNL’ to recover such taxes and duties from his bills payable and indemnify and keep indemnified the ‘BSNL’ from and against the same or any default by the Contractor in the payment thereof.

19. MATERIALS SUPPLIED BY THE ‘BSNL’

All materials supplied to the Contractor by the ‘BSNL’ shall remain the absolute property of

‘BSNL’ and shall not be removed from site of the work except for use in the work and shall be

at all times open to inspection by the Officer-in-Charge or any of his authorized representatives.

Any such material remaining unused at the time of the abandonment, completion or termination

of the contract shall be returned to the Officer-in-charge at the site

20. PAYMENT OF BILLS

20.1. The contractor shall submit Bills to the concerned Officer-in-charge. After verification the Accounts officer will make the payments to the Contractor against the bills after deducting the taxes, surcharge, levies etc if any applicable.

20.2.Income Tax at the rate as applicable from time to time and surcharge thereto as applicable will be deducted as tax at source from the amount for which the bill has been passed, under relevant Income Tax Rules. The Accounts Officer will issue necessary Income Tax deduction certificate, in the prescribed form in due course.

20.3.All taxes, duties and levies payable under the provisions of Statute, Rules or Regulations of the Central/State Government or Local Bodies arising out of the Contract in respect of the works or operation or any part thereof to be performed by the Contractor, as applicable of the amount for which the bill has been passed will be deducted at source, under relevant Government Rules from time to time.

20.4.The pre-receipted bills are to be submitted in TRIPLICATE. The Accounts Officer, who at any period of time may be authorised by the ‘BSNL’ will make the payments by issuing account payee cheque.

20.5.The compensation for interruption of service rendered by the Contractor, or cost of materials or stores lost or damaged while carrying out the work or cost of defective components, spares or tools towards damage of other utility services while carrying out the work will be deducted from the bills submitted for payment. The Security Deposit shall be considered for adjustment against compensation/other sum due, only at the time of final settlement of bills.

20.6 Bills submitted after two months will not be entertain 21. TERMINATION, OTHER THAN DUE TO THE DEFAULT OF C ONTRACTOR:

21.1.The contract will be terminated at any time by written notice stating reasons for such cancellation or termination to the Contractor, in which event the Contractor shall be entitled to payment for the work done up to the time of such cancellation. In all such cases, the written notice shall be served to the Contractor at least four weeks in advance from the probable date of cancellation/termination. No compensation shall be payable to the Contractor towards purchases and hire of manpower and other material for use in respect of the work.

21.2 .If the ‘BSNL’ shall not require the whole work or part thereof to be carried out as specified in the Tender Document at any time, after the commencement of the work, the

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contractor shall have no claim to any payment of compensation whatsoever on account of any profit or advantage which he might have derived from the execution of work in full, but which he did not derive in consequence of the full amount of the work not having been carried out.

22. DEMISE OF THE CONTRACTOR BEFORE FULFILLING THE CONTRACT: Without prejudice to any of the rights or remedies under this contract, if the Contractor expires, the contract will be terminated without forfeiting the Security Deposit to the ‘BSNL’ or any compensation to the Contractor, which does not amount to Breach of the contract. Any amount payable to the ‘BSNL’ under this contract shall be recoverable from any payment due to him or from the Security Deposit.

22.1.Contractor’s legal heirs/representatives shall not without the consent in writing of the Officer-in-Charge, have the right to continue to perform the duties or engagements of the Contractor or under the contract, in case of his death. In all cases proof of death and other relevant documents to this effect shall be submitted to the Officer-in-charge in writing.

23. PENALTY FOR BREACH OF CONTRACT :

23.1. When the Contractor has made himself liable for action under any of the aforesaid reasons, the

Officer-in-charge for and on behalf of the ‘BSNL’ shall have powers.

(a) To terminate or rescind the contract as aforesaid after proper notices (of which termination or rescission order in writing to the Contractor by the Officer-in-charge shall be conclusive evidence). Upon such determination or rescission the Security Deposit remitted by or recovered from the Contractor under the contract shall be forfeited and shall be absolutely at the disposal of ‘BSNL’.

(b) To measure up the quantum of work completed in all respect of the Contractor after giving notice to the Contractor, and to take such part thereof as shall be unexecuted out of his hands and to give it to another Contractor to complete, in which case the Earnest Money Deposit and Security Deposit submitted by the former Contractor shall be forfeited and shall be absolutely at the disposal of the ‘BSNL’

(c) To debar the Contractor from participating in any of the tenders, pertaining to that Division in case the Breach of Contract is being committed for first time, or that pertaining to all the Divisions under the jurisdiction of a Deputy General Manager/Area Manager, in case the Breach of Contract is being committed for second time or further, for a period of one year from the date of issue of termination or rescission order of the Officer- in- charge.

23.2 In any case in which any of the powers conferred upon the Officer–in-charge by the above clauses, shall have become exercisable and the same shall not be exercised, the non-exercise thereof shall not constitute a waiver of any of the conditions thereof and such powers shall not withstanding be exercisable in the event of any future case of default by the Contractor and the liability of the Contractor for compensation shall remain unaffected.

23.3.The Contractor whose work has been terminated or rescinded due to breach of contract and carried out through another Contractor shall not have any right to initiate any legal proceedings to stall the work. Upon receiving the termination or rescission order in writing, under the hand of the Officer-in-charge, the Contractor shall return the unused materials supplied by the ‘BSNL’ within the date specified in the termination or rescission order, otherwise the cost of the materials supplied by the ‘BSNL’ shall be recovered from the Contractor as per the Clause, contained in this Section of the Tender documents.

23.4.In the event of any one or more of the courses of action, that may be adopted by the Officer-in-charge, in accordance with the aforesaid clauses contained in this Section of the Tender document, the Contractor shall have no claim for compensation towards any loss sustained by him by reason of having purchased or procured any materials or entered

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into any engagements or made any advances on account of the execution of the work or the performance of contract.

23.5.Penal interest for non-remittance of cash receipts as per description of work shall be recovered from the Contractor.

24. ARBITRATION:

24.1.In the event of any question, dispute or difference arising under this Tender or in any connection there-with except as to matter the decision of which is specifically provided under this Tender, the same shall be referred to the sole arbitration of Principal General Manager Telecom, Ernakulam or some other person appointed by the Principal General Manager Telecom, Ernakulam.

24.2. There will be no objection to any such appointment that the Arbitrator is Government 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 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 reason, whatsoever, Principal General Manager Telecom, Ernakulam 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

24.3. The arbitrator may from time to time with the consent of parties enlarge the time for making and publishing the award. Subject to the aforesaid Indian Arbitration Act 1940 and the Rules made thereunder, any modification thereof for the time being in force shall be deemed to apply to the arbitration proceeding under this clause. The venue of the arbitration proceeding shall be the Office of the Principal General Manager Telecom, Ernakulam or such other places as the arbitrator may decide.

25. The near relatives of all BSNL employees (Non executive employees working in Ernakulam SSA & Executive employees {also called Group A & Group B officers working in Kerala Circle}) either directly recruited or on deputation are prohibited from participation in this tender. Tenderer should sign the certificate given in Annexure VII to effect this fact.

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) & Daughter’s husband (son-in-law), brother(s) & brother’s wife, sister(s) & sister’s husband (brother in law).

26. The tenderer has to sign in all pages of Tender documents as a token of having read, understood and accepted all the terms and conditions of the contract/Tender and he has to submit the entire tender document while bidding, otherwise the bids will be liable to be rejected.

27. The tender is valid for a period of one year from the date of signing the agreement. In case of necessity the tender shall be extended up to a period of six months up to BSNL’ decision and will be extended further six months on mutul agreement with the same rate and terms and conditions. Asst. General Manager (Plg.)

O/o PGMT, BSNL, Ernakulam.

Ph. 0484 2376700

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ANNEXURE I CHECK LIST

1. Whether proof for payment of EMD for Rs …… …………..enclosed: 2. Whether documents to prove Experience is enclosed. :

3. Whether declaration of near Relative furnished :

4. In case of firm whether copy of certificate of

registration of firm is enclosed. 5. Certificate of download of tender document & :

DD for the cost of form enclosed

6. Whether letter of authorization, if any, is enclosed : 7. Whether Copy of PAN enclosed. : 8. Whether Copy of GST Registration enclosed : 9. Whether Bid Form (Technical and Financial Complete in all

respect duly signed with full signature : 10. Whether bidder has signed all pages : 11. Whether Copy of Power of Attorney enclosed : 12. Whether copies of all documents attested as per

13. Valid document showing the registration with Labour departments / Tax authorities. (Labour registration is compulsory only if the tenderer engages more than 10 labourers)

:

Date : Signature of Tenderer, Name.

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ANNEXURE II

BIDDER’S PROFILE

1. Name.

2. Whether Individual/Company/Partnership firm.

3. In case of Company/Partnership firm, name and designation of the

person authorized to sign the contract agreement. 4. Address (for all purpose)

5. Telephone No. (Land Line & Mobile)

6. Income Tax Permanent Account No. (PAN)

7. GST Registration No. (If applicable)

8. Any other relevant details.

9. Valid document showing the registration with Labour departments / Tax authorities. (Labour registration is compulsory only if the tenderer engages more than 10 labourers)

I/We hereby declare that the particulars furnished above are correct.

Date: Signature:

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ANNEXURE III

Letter of Authorization for attending Bid opening

(To be submitted before Tender Opening)

Subject: Authorization for attending bid opening on (date) for the tender of .

Following person is/are hereby authorized 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 Signatures

I 2.

Signatures of bidder

or Officer authorised to sign the bid documents on behalf of the bidder.

Note: 1. A maximum of two representatives will be permitted per bid to attend bid opening. Permission for entry to the hall where bids are opened may be refused in case authorisation as prescribed above is not received.

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ANNEXURE IV BID FORM

To The Principal General Manager Telecom BSNL Bhavan, Kalathiparambu Road Kochi-682016

Dear Sir,

Having e x a m i n e d the conditions of contract and specifications including addenda, the receipt of which is hereby duly acknowledged, we, undersigned, offer to execute the tender for care taking service in IQs of BSNL Ernakualam BA, in conformity with said 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. If our Bid is accepted, we will submit the securities as per the conditions mentioned

in the contract. We agree to abide by this Bid for a period of 180 days from the date fixed for Bid opening

and it shall remain binding upon us and may be accepted at any time before the expiry of that period.

Until a formal 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.

Bid submitted by us is properly sealed and prepared so as to prevent any subsequent alteration and replacement.

Dated this ..........day of ..........2017

Signature of Authorised signatory………………………….. in capacity of …………………………………………………

Witness.................... Address................ Signature.............

Duly authorised to sign the bid for and on behalf of ………..

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ANNEXURE V AGREEMENT

(To be executed in Rs. 200/- Stamp paper) AGREEMENT THIS AGREEMENT made on this ….. .. day of ….….Two thousand and seventeen between the CMD, BSNL, (hereinafter called the ‘Company’ ), which expression shall unless excluded by or repugnant to the context include his successors and assignees on one part and …………………… (hereinafter called the ‘contractor’) which term shall include their heirs, executors, successors and assignees on the other part. Whereas the Company is desirous of getting done the work namely CARE TAKER WORKS IN DIFFERENT IQs OF BSNL ERNAKULAM and whereas the contractor is ready and willing to do the work in accordance with the terms and conditions of the tender floated by the Company vide tender No. MM/70-107/2017-18/02 dtd 20/11/2017 at the agreed rate. Security deposit of an amount Rs………have been remitted by the contractor vide receipt / DDnos...................................................................................................................................................................................................................................................... NOW THIS AGREEMENT WITNESSETH and is hereby agreed and declared as follows:- 1. The tender notice, instructions to tenderer, conditions of contract, Specification, Guidelines to

Supplier and such other particulars, instructions as may be found requisite to be given during execution of the work, shall be deemed and taken to be an integral part of the contract and shall also be deemed to be included in the expression ‘Contract’ or ‘Contract Documents’ wherever herein used.

2. It is agreed by the contractor to do the care taker duties of IQs as detailed below and as directed by controlling officers of respective IQs / PRO/AGM (PR).

Sl.

No

Name of IQs were care taker works is required No of Suits Required number of shift duties of 8 hour per day.

01 SRM Road Exchange, Ernakulam.

( Care Taker of IQs at SRM Road should manage the IQ at Boatjetty Exchange, whenever necessary)

4+3 2

02 BSNL Bhavan, Ernakulam (Care Taker of IQs at BSNL Bhavan should manage the IQ at Panampillinagar also)

6 + 4 Conference

Hall

2

03 Munnar 10 3

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3. It is agreed by the contractor to do care taker duties of IQs in the time schedule decided by controlling officers of respective IQs / PRO/AGM (PR).

4. It is agreed by the contractor to supply additional care takers for any 8 hour duty as per the requirement of company and as per the demand of controlling officers of respective IQs / PRO/AGM (PR).

5. The consideration of the payments to be made to the contractor for care taker duties of IQs to be done by the contractor, contractor hereby covenants with the company that the contractor shall, in accordance with the contract documents duly provide and execute care taker duties of IQs and shall perform all other acts, deeds, matters and things in the contract mentioned or described which are to be implemented there from or may be reasonably necessary for the care taker duties and at the time and in the manner and subject to terms and conditions of stipulations mentioned in the Contract.

6. SET OFF: It is agreed by the contractor that any sum of money due and payable to Company under this contract may be appropriated by the Company and set off the same against any claim of the Company for payment of a sum of money arising out of this contract or any other contract made by the contractor with the Company

7. It is agreed by the contractor that the rate agreed for care taker duties of IQs will be valid upto one year from the date of agreement and also for its extension period if any.

8. The Company hereby agrees that the Company will pay to the Contractor the respective amounts for the care taker work completed as per tender by the contractor.

9. Agreed rate is given in the table below.

Name & Address of Approved contractor

Approved rate for 8 hour duty

V.C.Madhukumar, Puthenpurayil, Near Sreenivasa Kovil, Tripunithura Mob.No.9447664832

Rs. 331.60 + Service Tax

Split up of the above rate is given below

1 Minimum wage for 8 hour duty in Rs.

2 VDA in Rs.

3 Agency service charge for 8 hour duty in Rs.

4 Rate for 8 hour duty in Rs.

6 Service Tax As applicable will be paid extra

EPF @13.% and ESI @4.75% will be paid if applicable.

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Please note that EPF and ESI contributions will be given only after submitting valid proof for labour registration.

10. It is agreed by the contractor to satisfy all terms and conditions of the tender detailed in tender notice

MM/70-107/2017-18/02 dtd 20/11/2017 33. SET OFF: Any sum of money due and payable to contractor under this contract may be appropriated by BSNL and set off the same against any claim of BSNL for payment of a sum of money arising out of this contract or any other contract made by the contractor with BSNL.

Signed and delivered by the above named contractor

1. In the presence of Witness 1. Signature (Name) …………………… (Address) ………………………… Witness 2. Signature (Name) …………………… (Address) …………………………

Signed and delivered on behalf of PGMT, BSNL, Ernakulam BA

Witness 1. Signature (Name) …………………… (Address) ………………………… Witness 2. Signature (Name) …………………… (Address) …………………………

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ANNEXURE VI MANDATE FORM FOR TRANSFER OF PAYMENT THROUGH ELECTR ONIC CLEARANCE / ELECTRONIC FUND TRANSFER. To

The Principal General Manager Telecom District BSNL Bhavan Kochi 16 Sir,

Kindly pay any amount due to me/us to my/our Bank account as detailed below either by Electronic Clearance / Electronic Fund Transfer mode and oblige.

1. Name of the Bidder :

2. Name of the Bank :

3. Name of the Branch :

4. Nature of Account :

5. Account Number :

6. Bank Code (IFS Code) :

7. Address :

Date: Signature of Bidder

( To be filled in by the Bank Authorities)

The information furnished above is correct as per our records. Date: Signature of Manager with Bank Seal

(Tel no…………………..)

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ANNEXURE VII

CERTIFICATE OF NO NEAR RELATIVES

I / We………………………………S/O……………………………………

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

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

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

deemed fit / without any prior intimation to me/us.

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ANNEXURE VIII

CERTIFICATE

(FOR TENDER DOCUMENT DOWN LOADED FROM WEBSITE)

I, …………………………………………(bidder/ authorised signatory) hereby declare that the Tender document submitted by me has been downloaded from the website “www.tenderwizard.com/BSNL &www.kerala.bsnl.co.in”, and no addition/ deletion/correction has been made in the downloaded set of tender document. I also declare that I have enclosed DD for Rs………………………………towards the cost of the tender document along with the tender. Signature of bidder/ Authorised signatory Place: Date:

Name of bidder

Seal of the bidder

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ANNEXURE IX Estimated cost & Earnest Money Deposit

Services of care taking and general up keeping works are required at the following IQs

Sl.No Station where IQs are available

No of Suits Required number of shift duties of 8 hour per day.

EMD

Amount

01 SRM Road Exchange, Ernakulam.

4 3 6000

02 BSNL Bhavan, Ernakulam 6 + Conference

Hall

3 6000

03 Boatjetty Exchange,Ernakulam & IQ at Thevara staff quarters

6 3 6000

04 Munnar 10 3 6000

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Annexure X

REQUEST FOR REFUND OF EMD From ………………………………. ………………………………. ………………………………. ………………………………. TO Asst General Manager (MM) O/o PGMT, Ernakulam. Sir, Sub: Request for refund of EMD reg:

REF: NO.

I/We have submitted tender for care taking service in IQs of BSNL in Ernakulam BA as per tender notification cited above. In case my/our tender is not accepted by BSNL, 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 …..............................................only) from Accounts Officer(Cash), Office of the Principal General Manager Telecom, BSNL, Ernakulam towards EMD amount remitted as per tender No. …........................................... dated at Kochi the ............................... Signature of bidder: Date : Name & Address:

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Annexure XI

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Annexure XII

DECLARATION ON CLAUSE BY CLAUSE COMPLIANCE

I , ………………………………………………………………..(authorized signatory) hereby declare that I shall comply with all the terms and conditions of the tender

documents as outlined in all the clauses unconditionally. Place: Signature of the Tenderer: Date: Name of the Tenderer:

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ANNEXURE XIII MM/70-107/2017-18/02 dated at Ernakulam the 20/11/2017

FINANCIAL BID Sub.: Tender for care taking service in IQs of BSNL Ernakulam Tender No. : MM/70-107/2017-18/02 dated at Kochi-16 the 20/11/2017 Note : Bidder shall write his choice station (1) SRM Road (2) BSNLBhavan (3) Boat jetty Exge and IQ at Thevara (4) Munnar. Choice Station/ Stations:……………………………………………………………………………… ………………………………………………………………………………………………………….

Sl.No Item Amount

01 Minimum wages to labour for 8 hour duty (Employees contribution towards EPF & ESI @ 12% & 1.75% are inclusive)

Rs.318.00

02 Employer’s Contribution to EPF @ 13.15% Rs.41.82

03 Employer’s Contribution to ESI @ 4.75% Rs.15.11

04 Agency Service charge including supervisory & administrative charges for 8 hour duty. (This is to be filled by the bidder. Tender evaluation will be based on this rate)

Yours faithfully,

Signature of the Tenderer with

date:……………………….

Name:………………………..

I/We agree to abide by the terms and conditions as per tender MM/70-107/2017-18/02 dated at Kochi-16 the 20/11/2017 Tender for care taking service in IQs of BSNL in Ernakulam BA and in token thereof suffix my / our sealed signature. Place : Signature of tenderer Date Name &Address

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SECTION XIV

PROFORMA OF POWER OF ATTORNEY (Refer Clause 14.5 of Section-II) (Non-Judicial Stamp paper) POWER OF ATTORNEY

Be it known all to whom it concerns that: 1. Shri ______________________ s/o _____________ residing at ______________ 2. Shri ____________________ __s/o _____________ residing at ______________ 3. Shri ______________________ s/o _____________ residing at ______________ I, the Proprietor / We all the Partners/Directors of M/s___________________ (Address)_____________________________________________________________hereby appoint Shri_________________________________ s/o ________________ residing at ___________________________________ as my/our Attorney to act in my/our name and on behalf and sign and execute all documents/ agreements binding the firm for all contractual obligations (including references of cases to arbitration) arising out of contracts to be entered into by the firm with the PGMT, BSNL,Ernakulam in connection with their Tender Enquiry No.________________ dated ………………. The tender for care taking service in IQs of BSNL in Ernakulam BA due for opening on …………………………………… In short he is fully authorized to do all, each and everything requisite for the above purpose concerning M/s_______________________________. And I/We hereby agree to confirm and ratify his all and every act of this or any documents executed by my/our said Attorney within the scope of the authority hereby conferred on him including references of cases to arbitration and the same shall be binding on me/us and my/our firm as if the same were executed by me/us individually or jointly. Witness (with Address) Signature of the Proprietor/Partners/Directors 1. 1. 2. 2. Accepted (Signature of Signatory of Tender Offer of the firm) __________________________________________________________________________ ATTESTED Notary Public (Signature with Official Seal) OR REGISTERED Before (SUB – REGISTRAR) …………………………….. (Of concerned State)