Tender No: MTNM/SM (CAF)MS/Tender/CAF-SCAN/2014-15etender.mtnl.net.in/uploadedDoc/tId10696.pdf ·...

Tender No: MTNM/SM (CAF)MS/Tender/CAF-SCAN/2014-15

Page | 1 Seal & Signature of the bidder

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MAHANAGAR TELEPHONE NIGAM LTD., MUMBAI (A Government of India Enterprise)

O/o. Deputy General Manager (Sales) Mobile Services, Matunga Telephone Exchange Bldg., Matunga (E), Mumbai – 400 019.

SCANNING AND CROPPING OF DOCUMENTS OF CUSTOMER APPLICATION FORMS &UPLOADING


Tender fee Rs. 525/- (Rupees Five Hundred Twenty Five Only)

each copy (inclusive of all Taxes) – Non Refundable- Payable by DD / Pay Order in favour of MTNL, Mumbai Dolphin payable at

Mumbai.

Senior Manager ( CAF), Mobile Services 5th Floor, Tech Bldg,West Wing

BKC Telephone Exchange ,CST Road, Kurla (W) Mumbai - 400 098

Telephone : 022-26526275 Fax : 022-26503400 Email id : [email protected]



INDEX

Sl. Description Section / Annexure

Page No.

1 Notice Inviting Tender. SECTION-I 3

2 Instruction to Bidders. SECTION-II 5

3 General (Commercial) Conditions of Contract. SECTION-III 14

4 Special Conditions of Contract. SECTION-IV 30

5 Schedule of Requirements. SECTION-V 32

6 JOB Specification. SECTION-VI 33

7 BID Form. (Part-A & Part-B ) SECTION-VII 37

8 Proforma for Bank Guarantee for Bid Security.

SECTION-VIII 42

9 Declaration. SECTION-IX 43

10 Financial Bid SECTION-X 44

11 Performance Security Guarantee Bond. SECTION-XI 45

12 Additional Bank Guarantee Proforma SECTION-XI-A 47

13 Proforma for Agreement. SECTION-XII 49

14 Warranty Certificate. SECTION-XIII 52

15 Checklist. ANNEXURE-A 53

16 Compliance (Clause by Clause) Certificate. ANNEXURE-B 54

17 TAX Declaration ANNEXURE-C 55

18 CAF Audit List. ANNEXURE-D 56

19 Statement of Orders Executed for Similar Type of Work.

ANNEXURE-E 57

20 Certificate Regarding Downloading of Tender. ANNEXURE-F 58

21 Proforma for Non Disclosure Agreement. ANNEXURE-G 59

22 Proforma for Authorization Letter to Attend Tender Opening.

ANNEXURE-H 63



SECTION – I

NOTICE INVITING TENDER 1. On behalf of Executive Director, MTNL,Mumbai, sealed tenders are

invited under Two Bid system by Senior Manager ( CAF), Mobile Services 5th Floor, Tech Bldg,West Wing, BKC Telephone Exchange ,CST Road, Kurla (W), Mumbai - 400 098.

2. For Scanning, cropping, indexing, data entry & uploading of scanned images of customer applications forms (CAF) with supporting documents in grey scale black and white as per MTNL needs under the jurisdiction of DGM (Sales) for a period of One Year & extendable for one more year at the discretion of MTNL on same terms and conditions.

3. Date of obtaining tender forms and submission of filled up tenders shall be

as under:-.

Sl.No Description Date Time

A Last Date & Time up to which Tender forms will be issued

23.09.2014 16.00 Hours

B Last Date & Time up to which filled in tenders have to be submitted

24.09.2014 14.00 Hours

C Tender Opening Date and Time 24.09.2014 15.00 Hours

4. a. Name of work: Scanning, cropping, indexing, data entry & uploading

of scanned images of customer applications forms (CAF) with supporting documents in grey scale black and white as per MTNL needs. b. Estimated Cost: 4, 78,000/- Inclusive of Taxes (Rs. Four lakhs seventy eight thousand only) c. Earnest Money Deposit: Rs 9,560/- (Rupees Nine thousand five hundred sixty only)

5. Eligibility Criteria: During last 3 years, they should have executed Commercial orders of the scanning at least for any one of Telecom operators or Bank or Government/PSU office as on the date of opening of the bid. i. Three similar completed works costing not less than the amount equal to

40% of the estimated cost. OR

ii. Two similar completed works costing not less than the amount equal to 50% of the estimated cost.

OR iii. One similar completed work costing not less than the amount equal to 80% of

the estimated cost.

The Bidders shall submit the following documents in the bid as proof of their eligibility. 5.1. Bid security of DD in favour of “MTNL MUMBAI DOLPHIN” drawn

on any nationalized/scheduled banks.



5.2. (a) The firm shall have following valid certificates/ registration as a proof of their establishment in Mumbai/ Navi Mumbai region including the Service Tax registration certificate. b) The firm should have establishment and maintenance setup located in and around Mumbai or suburbs of Mumbai or Navi Mumbai and telephone number and Fax number, email-id. c) Average Annual financial turnover during the last 3 Financial years should be not less than Rs. 1,44,000 (Rs One Lakh Forty Four Thousand Only) and Annual financial turnover Certificate duly attested by the auditors for the last three years ending with 31-03-2013. d) Attested copies of Income Tax Returns for Assessment Years 2011-12, 2012-2013 and 2013-2014 (corresponding to Three financial years, 2010-11, 2011-12, 2012-13) & PAN copy e) Registration issued under Shops & Establishment Act. f) Appropriate registration proof/documents for Partnership / Private Limited / Limited firms. g) The firm should not have been black listed/ debarred by / from any Government or Public Sector Organization. h) ESI &EPF ( If applicable)

6. Cost of Tender Form:

The cost of tender form is Rs.525/- (Rupees Five Hundred and Twenty Five only) (including 5% VAT) payable by Demand Draft drawn on any Scheduled/ Nationalized Bank in favour of “MTNL MUMBAI DOLPHIN” payable at Mumbai. Cost of the Tender Form is not refundable.

7. The Tender form can be collected, on payment of cost of tender form, from O/o Senior Manager ( CAF), Mobile Services, 5th Floor, Tech Bldg,West Wing, BKC Telephone Exchange ,CST Road, Kurla (W), Mumbai - 400 098, on all the working days except Second Saturday between 10.30 hours and 16.00 hours. Tender forms will not be sent by post.

8. The intending firm can also download the tender document available on our MTNL website http://etender.mtnl.net.in In such case, DD/Pay Order of Rs.525/- drawn in favour of “MTNL MUMBAI DOLPHIN “ (Payable at Mumbai) from any Nationalized or Scheduled Bank should be submitted along with Tender Bid towards cost of Tender Documents (Not Refundable) in a separate envelope.

Sr. Manager (Sales) CAF

MTNL Mumbai Contact No. 022-26526275.



SECTION - II INSTRUCTIONS TO BIDDER

1. DEFINITIONS

a) The “MTNL” shall mean Mahanagar Telephone Nigam Ltd., having its registered office at Mahanagar Door Sanchar Sadan, 5th Floor,9,CGO Complex, Lodhi Road, New Delhi -11 00 03 and shall include their legal representatives, employees and permitted assignees.

b) The “ED MTNL” shall mean the Executive Director, MTNL, Mumbai or his successors in the office or his authorized officer.

c) The “GM” shall mean the concerned General Manager. d) The “DGM” or “DGM (Sales)” shall mean the concerned Deputy

General Manager of MTNL, Mumbai. e) The “ S.M ” shall mean concerned Senior Manager. f) The “Contract” shall mean & include Notice for Inviting Tender (NIT),

the tender documents and letter of acceptance thereof and the formal agreement, if any, executed between the MTNL and the Contractor together with the complete documents referred to therein including the conditions with appendices and any special conditions, the specifications, designs, drawings, schedule of quantities with rates and amounts and schedule of rates. All these documents taken together shall be deemed to form one Contract and shall be complementary to each other.

g) The “Contractor” shall mean the individual or firm or company whether incorporated or not, undertaking the work and shall include legal representative(s) of such individual or persons composing such firm or company or successors of such firm or company as the case may be and permitted assignees of such individual or firm or company.

h) The “Deputy Manager, MTNL” or Dy .Manager-in-Charge shall mean the concerned Deputy Manager–in-charge, who shall direct, supervise and be in-charge of the work for purposes of the Contract. The Sr.Manager, MTNL may nominate his representative(s) and authorize him/them to assist in performing his duties and functions.

i) The „Site‟ shall mean the land, building and/or other places or part thereof on, under, into or through which the Work is to be executed under the Contract including any other lands or places which may be allotted by the MTNL or used for the purpose of this Contract

j) The “Work” shall mean the works to be executed in accordance with the Contract.

k) The “Letter of Acceptance” shall mean intimation by a letter in writing by the MTNL to the successful tenderer that his tender has been accepted in accordance with the provisions contained therein.

l) The “Contract Value” shall mean the amount at which the tender has been accepted.

m) The “Tender” shall mean the proposal along with supporting documents submitted by eligible tenderer on the prescribed documents/forms for consideration of the MTNL.



n) “The Bidder” means the individual or firm who participates in the tender and submits its bid.

o) “The Letter of Acceptance” means the intention of the MTNL to place the Work order on the bidder.

p) “The Work Order” means the order placed by the MTNL on the successful bidder, duly signed and includes all attachments and appendices thereto and all documents incorporated by reference therein. The Work Order shall be deemed as “Contract” appearing in the document.

q) “Evaluation” means and includes evaluation carried by MTNL to determine whether the bids received are complete, whether any computational errors have been made, whether the required sureties have been furnished, whether the documents have been properly signed and whether the bids are generally in order.

2. INTERPRETATIONS

2.1. Singular and Plural Words imparting the singular only also include the plural and vice-versa where the context requires.

2.2. Headings and marginal notes if any to these General Conditions shall not be deemed to form part thereof or be taken into consideration in the interpretation or construction thereof or of the Contract.

2.3. MEANINGS: Wherever in this Contract the words directed, permitted, required ordered, designed, considered, necessary or like words are used, it shall be understood that the said directions, permissions, requirements, orders, designs etc. of the Senior Manager, MTNL, are intended. Similarly, words approval, acceptable, satisfactory or like words shall mean “approved by” or “acceptable to” or satisfactory to the Senior Manager, MTNL unless any other meaning is plainly intended.

2.4. Languages and Measures: In case of dispute in the interpretation, the decision of concerned GM shall be final and binding.

3. COST OF BIDDING

The bidder shall bear all costs associated with the preparation and submission of the bid. The MTNL will, in no case, be responsible or liable for these costs, regardless of the conduct or outcome of the biding process.

4. DOCUMENTS REQUIRED

4.1. The services required to be carried out, bidding procedures an contract terms and conditions are prescribed in the Bid Documents. The Bid documents include:

1 Notice Inviting Tender. SECTION-I

2 Instruction to Bidders. SECTION-II

3 General (Commercial) Conditions of Contract. SECTION-III

4 Special Conditions of Contract. SECTION-IV



5 Schedule of Requirements. SECTION-V

6 JOB Specification. SECTION-VI

7 BID Form. (Part-A & Part-B ) SECTION-VII

8 Proforma for Bank Guarantee for Bid Security. SECTION-VIII

9 Declaration. SECTION-IX

10 Price Schedule (Financial Bid) SECTION-X

11 Performance Security Guarantee Bond. SECTION-XI

12 Additional Bank Guarantee Proforma SECTION-XI-A

13 Proforma for Agreement. SECTION-XII

14 Warranty Certificate. SECTION-XIII

15 Checklist. ANNEXURE-A

16 Compliance (Clause by Clause) Certificate. ANNEXURE-B

17 TAX Declaration ANNEXURE-C

18 CAF Audit List. ANNEXURE-D

19 Statement of Orders Executed for Similar Type of Work.

ANNEXURE-E

20 Certificate Regarding Downloading of Tender. ANNEXURE-F

21 Proforma for Non Disclosure Agreement. ANNEXURE-G

22 Proforma for Authorization Letter to Attend Tender Opening.

ANNEXURE-H

4.2. The Bidder is expected to examine all instructions, forms, terms and

specifications in the Bid Documents. Failure to furnish all information required as per the Bid Documents or submission of the bids not substantially responsive to the Bid Documents in every respect will be at the bidder‟s risk and may result in rejection of the bid. The documents with minor infirmity if any shall be decided by Tender Evaluation Committee and called upon from the bidders.

5. CLARIFICATION OF BID DOCUMENTS

5.1 A prospective bidder, requiring any clarification on the Bid Documents shall notify the Sr.Manager in writing or by FAX at the Sr.Manager‟s mailing address indicated in the invitation of Bid. The Sr.Manager shall respond in writing to any request for the clarification of the Bid Documents, which it receives not later than 21 days prior to the date of opening of the Tenders. Copies of the query (without identifying the source) and clarifications by the Sr.Manager shall be sent to all the prospective bidders who have received the bid documents.

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

5.3 To assist in the examination, evaluation and comparison of bids, the tendering Authority may, at its discretion asks 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.



6. AMENDMENT OF BID DOCUMENTS

6.1 At any time, prior to the date of submission of Bids, MTNL may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective bidder, modify bid documents by amendments.

6.2 The amendments shall be notified in writing or by FAX to all prospective bidders on the address intimated at the time of purchase of the bid document from the purchaser and these amendments will be binding on them.

6.3 In order to afford prospective bidders a reasonable time to take the amendment into account in preparing their bids, MTNL may, at its discretion, extend the deadline for the submission of bids suitably.

6.4 The bidders are required to keep a watch on the MTNL Web Site with reference to any amendment to the tender document or to clarification to the queries raised by the bidders till a day prior to the opening of the tender. MTNL reserves the right for rejection of bids if the bids are submitted without taking into account these amendments/clarifications. Further bidder will be fully responsible for downloading of the tender document and amendments for their completeness.

7. GENERAL

TRANSFER OF DOCUMENTS Transfer of tender documents purchased by one intending bidder to another is not permissible.

8. SITE AVAILABILITY

The general information can be obtained from the Sr.Manager(Sales)CAF, MTNL, Mumbai.

9. TENDERER TO HAVE VISITED SITE:

The tenderer shall be deemed to have visited the Site and familiarized himself thoroughly with it before submitting the Tender. Non-familiarity with the site, working conditions like shall not be considered as reason for extra claims or for not carrying out the works. The Tenderer shall wherever applicable, read the Specifications, which may in any way affect his tender and in case of any doubt, obtain required particulars/clarifications, from the Manager-in-Charge. No extra Payment whatsoever will be made beyond the Contract value for the alleged ignorance on the part of contractor.



10. TENDERER TO OBTAIN HIS OWN INFORMATION: The tenderer shall be deemed to have examined the tender documents, and to have obtained all the necessary information in all matters whatsoever that might influence carrying out the Works at the rates, prices quoted in the pricing scheduled and satisfied himself to the sufficiency of his tender etc.

11. ONLY ONE TENDER PER FIRM

Not more than one independent and complete offer shall be permitted from the bidder.

12. FILLING UP OF TENDER DOCUMENTS

12.1. THE TENDER DOCUMENTS TO BE SUBMITTED SHALL CONSIST OF:A complete set of the tender documents as issued by the Sr.Manager (CAF),Mobile Services MTNL,Mumbai along with addenda/corrigenda to the tender documents so sold or issued, including the Notice Inviting Tender (NIT), duly filled in the tenderer as prescribed in different clauses of the tender documents, signed, stamped and date affixed duly placed in an envelope.

12.2. SIGNATURE ON ALL PAGES OF THE TENDER DOCUMENTS: Tenderer should sign on all the pages of the tender documents and affix the firm‟s seal. All these documents including the Notice Inviting Tender (NIT) shall form part of the contract documents and therefore shall be resubmitted along with other documents in the tender envelope for Technical Bid.

13. LANGUAGE OF BID

The bid prepared by the bidder and all correspondence and documents relating to the bid exchanged by the bidder and the purchaser shall be written in English language, provided that any printed literature furnished by the bidder may be written in another language but it is to be accompanied by an English translation of its pertinent passage(s) duly signed and verified as true English translation. The responsibility for the correctness of the translation will be solely and completely on the bidder and MTNL shall not be responsible for any loss/likely loss due to error in translation whatsoever. In such cases, for the purpose of interpretation of the bid, the English translation shall only govern.

14. SIGNATUTRE IN TENDER DOCUMENT BY TENDERER.

The bidder shall submit the tender only in the prescribed format issued to him for the purpose, duly completed and signed. All signatures in tender documents shall be dated, as well as the pages of all sections of tender documents shall be initialed at the bottom or signed wherever required in the tender papers by the tenderer before submission of tender.

In case of Proprietary firm, the Proprietor should sign.



In case of Ltd. Company, any of the Directors or Authorized signatory must sign the documents.A copy of Board Resolution must be attached with the documents. The tender shall contain the name, place of residence and business of person or persons submitting the tender and shall be signed by the tenderer with his usual signature.

Partnership firms shall furnish full name of all partners in the tender. It should be signed in the partnership‟s firms name by all the partners or by duly authorized representative followed by the name and designation of the person signing. A copy of constitution of the firm with names of all the partners shall also be furnished.

Tender by a Public Sector Undertaking shall be signed by an authorized representative.

15. CORRECTIONS AND ERASURES:

All corrections/additions/alterations in the quoted amounts/rebates etc. shall are signed in full by the tenderer with date. No erasures and/or overwriting are permissible. If it is found that the tender is not submitted in proper manner or contains too many corrections or absurd percentage or amounts, it would be open to MTNL to reject the tender and/or to take any other action against the contractor as deemed fit.

16. EARNEST MONEY DEPOSIT OR BID SECURITY: Tenders shall be

accompanied by Earnest Money Deposit of Rs. 9,560/- (Rs Nine Thousand five hundred sixty only) in the form of Demand Draft or Pay Order drawn in favor of “MTNL MUMBAI DOLPHIN” and other documents specified in the tender schedules. The DD/PO shall be kept in the Envelope for Technical Bid. Tenders submitted without EMD shall be considered non-responsive bid and shall be summarily rejected. EMD of unsuccessful bidders will be returned as promptly as possible and in any case, not later than 30 days after the expiry of the period of the bid validity prescribed in this tender.

17. DOCUMENTS TO BE SUBMITTED IN TECHNICAL BID

The intending tenderer shall submit Section VII as Technical bid and required documents already mentioned in this TENDER document.

In case the tender form has been downloaded from website, separate Demand Draft or Pay Order for Rs.525/- towards the cost of the tender form. This DD or Pay Order shall be kept in a separate envelope.

18. DOCUMENTS TO BE SUBMITTED IN THE FINANCIAL BID

A Bid Form and Price Schedule completed in accordance with Clause No.20.2 below



19. VALIDITY OF TENDER BID. The bid for the work shall remain valid for a period of 150 days from the date of opening of tenders. A bid valid for a shorter period shall be rejected by MTNL as being non-responsive.

In exceptional circumstances, MTNL 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 bidder may refuse the request without forfeiting his bid security. A bidder accepting the request and granting extension will not be permitted to modify his bid.

20. SUBMISSION OF TENDER

The tenderer must submit his sealed tender on the prescribed tender form duly completed and signed by the tenderer with rubber stamp. Unsealed tenders are liable to be rejected. The tender is called for under Two Bid System. Therefore, there shall be two separate sealed inner envelopes, one for „Technical Bid‟ and the other for „Financial Bid‟. 20.1. Documents in Technical Bid:

The sealed envelope for Technical Bid shall contain all the bid documents, including the Tender documents issued by this office except the Financial Bid ( SECTION X). It should be super-scribed as “Technical Bid for Scanning, cropping, indexing, data entry & unloading of scanned images of customer applications forms (CAF) with supporting documents in server MTNL,Mumbai.”

20.2. Documents in Financial Bid:

The sealed envelope for Financial Bid (SECTION-X) shall contain only Financial Bid and super-scribed as “Financial Bid for for Scanning, cropping, indexing, data entry & unloading of scanned images of customer applications forms (CAF) with supporting documents in server MTNL,Mumbai. “

20.3. Outer Main Envelope:

Both the inner envelopes of Technical Bid and Financial Bid shall be kept in another bigger envelope and sealed with superscription “Tender for for Scanning, cropping, indexing, data entry & unloading of scanned images of customer applications forms (CAF) with supporting documents in server MTNL, Mumbai.

20.4. The sealed envelope containing tenders shall be addressed to the

O/o Senior Manager (CAF), Mobile Services, 5th Floor, Tech Bldg,West Wing, BKC Telephone Exchange ,CST Road, Kurla (W), Mumbai - 400 098. The sealed envelope is to be dropped in the Tender Drop Box in the office of the Senior Manager ( CAF), Mobile Services, 5th Floor, Tech Bldg,West Wing,BKC Telephone Exchange ,CST Road, Kurla (W), Mumbai - 400 098 up to 14.00 Hrs on 24.09.2014 and Tenders



will be opened by the Sr.Manager(CAF)Mobile services, MTNL,Mumbai or his duly authorized representative in his office on the same day at 15.00 Hrs. in the presence of the tenderers who wish to remain present.

20.5. If the tender form has been downloaded from internet, separate

DD/Pay Order for Rs. 525/- towards the cost of the Tender Form shall be kept in a separate envelope, without the technical bid envelope. This is not refundable. This DD/PO shall be submitted separately and it should not be combined with the DD/PO for Earnest Money Deposit amount. Tenders submitted without Tender cost shall be considered as non-responsive bid & shall summarily be rejected.

21. SEALING

If the envelopes are not sealed as required at above clauses, the bid shall be rejected.

22. LATE BIDS

Any bid received after the deadline for submission of bids shall be rejected and returned unopened to the bidder.

23. MODIFICATION AND WITHDRAWAL OF BIDS

The bidder may modify or withdraw his/her bid after submission provided that the written modification or withdrawal is received by the Sr.Manager (CAF) Mobile Services prior to the deadline prescribed for submission of bids The bidder‟s modification or withdrawal notice shall be prepared, sealed, marked and dispatched as required within the time limits given in Clause No.3 (B) of section -I . A withdrawal notice may also be sent by FAX but followed by a signed confirmation copy to be delivered not later than the deadline for submission of bids. No bid shall be modified subsequent to the deadline for submission of bids.

24. CORRUPT PRACTICES & CANVASSING STRICTLY PROHIBITED

Any bribe, commission or advantage offered or promised by or on behalf of the tenderer to any officer or servant of MTNL shall, (in addition to any criminal liability which the tenderer may incur) debar his tender from being considered. Canvassing in any manner in connection with tenders is strictly prohibited. The tenders of the tenderers who resort to canvassing are liable to be rejected.



25. OPENING OF BIDS The main envelope and Technical bids will be opened in the presence of bidders or their authorized representatives who choose to attend, at 15:00 hrs on due date. A maximum of two representatives of any bidder shall be authorized and permitted to attend the bid opening. 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 Annexure-H)

The bidder‟s names, bid prices, modifications, bid withdrawals and such other details as MTNL, at its discretion, may consider appropriate will be announced at the time of opening. The date fixed for opening of bids, if subsequently declared as holiday by the MTNL, 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. Note: MTNL reserves the right to extend the date and time of opening of tender.

The financial bids of qualified bidders will be opened later for which date, time and venue will be intimated to qualified bidders.

26. SUBMISSION OF ORIGINAL DOCUMENTS BY THE SUCCESSFUL

TENDERER MTNL will be at liberty to call for and verify the original of any document furnished by the successful tenderer either before awarding the work or at any time during the currency of the contract period. The contractor shall not dispute the right of MTNL to verify the original documents.



SECTION – III

GENERAL (COMMERCIAL) CONDITIONS OF CONTRACT. 1. CONTRACT PERIOD

The contract will commence from the date as per the letter of final acceptance of the tender and will be initially operative for One Year. However MTNL is at liberty to close it earlier also and the contractor shall have no claim whatsoever against for closure of contract. The contract can be extended for a period of up to one more year at the discretion of MTNL, subject to satisfactory performance, on same terms and conditions.

2. SECURITY DEPOSIT The successful tenderer will be required to furnish a DD in favour of MTNL/ Bank Guarantee on the prescribed proforma from a Scheduled Bank within 15 days after award of work for a sum equal to 5% (Five percent) of the contract value. Earnest Money Deposit, already deposited by the Contractor shall be adjusted towards Security Deposit and the bidder has to provide the balance by way of DD/PO or a PBG. Such deposit /PBG will be kept with MTNL for a period of eighteen months from the date of contract awarded. All compensation or the other sums of money payable by the Contractor under the terms of this Contract may be deducted from his Security Deposit or from any sums, which may be due to or may become due to the Contractor by MTNL. If the Contractor damages, breaks, or destroys or deface the property belonging to the MTNL or others during the execution of the Contract, the same shall be made good by the Contractor at his own expense and in default thereof, the Sr.Manager (CAF) Mobile services , MTNL Mumbai may cause the same to be made good through other agencies and recover expenses from the Contractor for which the decision of the Sr.Manager (CAF) Mobile services , MTNL Mumbai shall be final and binding. The contractor can submit Bank Guarantee for the above sum in lieu of the Security Deposit and all the above conditions will equally apply.

3. FORFEITURE OF SECURITY DEPOSIT In case the Contractor fails to complete the work, MTNL, without prejudice to other rights and remedies available under the contract, shall forfeit and encash the Security Deposit Amount in full and credit it to MTNL absolutely and is open to MTNL to get the work completed at risk and cost of contractor after issuing suitable notice to the contractor. In case the bank which issued the Bank Guarantee goes in liquidation or for any reason is unable to make payment against the said Bank Guarantee, the loss caused thereby shall be borne by the Contractor. The Contractor forthwith, on demand from MTNL, shall make good the deficit.

4. SIGNING OF THE CONTRACT: The successful tenderer shall be required to execute an agreement with the Sr.Manager(CAF) Mobile Services , MTNL Mumbai in the Proforma Section XII of tender document, within 15 days of issue of letter of



acceptance by the MTNL. In the event of failure on the party of the successful tenderer to submit the Security Deposit & sign the Agreement, as stated above, the Earnest Money will be forfeited, and blacklisted for one year In such a case the work will be awarded to any other bidder or at the discretion of MTNL or call for new bids.

5. SUB CONTRACT Sub-contract is not allowed.

6. MTNL EMPLOYEES OR THEIR RELATIVES The bidder should give a certificate that none of his/her near relative is working in the units as defined below 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 and in case of limited company by all the Directors of the company excluding Govt. of India/Financial Institutions nominees and independent non-official part time directors appointed by Govt. of India or the Governor of the state. Authorized signatory of bid may also sign this bid on behalf of the entire directors/ partners/ proprietor. Due to any breach of the above conditions by the company or firm or any other person the tender will be cancelled and bid security will be forfeited at any stage whenever it is noticed and MTNL will not pay any damage to the company or firm or the concerned person. The company or firm or the person will also be debarred for further participation in the concerned unit. The near relatives for this purpose are defined as: a) Members of a Hindu undivided family. b) They are husband and wife.

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). This Declaration shall be furnished in the format given in Annexure IX. No officer employed in Engineering or Administration duties in an Engineering Department of MTNL/BSNL/Govt. of India is allowed to work as a contractor for a period of two years from the date of his retirement from Govt. Service/MTNL/BSNL without the previous permission of the Government of India/MTNL/BSNL. This contract is liable to be cancelled, if either the Contractor or any of his employees is found, at any time, to be such a person, who has not obtained permission of the Govt. of India/MTNL/BSNL as aforesaid, before submission of the tender or engagement in the Contractor‟s service.

7. RIGHT OF MTNL TO ACCEPT OR REJECT TENDER:

i. The right to accept or reject the tender will rest with the MTNL.



ii. The MTNL further does not bind itself to accept the lowest tender and reserves its right to reject all or any of the tenders received without assigning any reason whatsoever.

iii. Tenders, which do not fulfill the conditions specified in the tender schedule, will be summarily rejected.

iv. MTNL, Mumbai reserves the right to accept or reject, any bid and to cancel 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 MTNL‟s action.

v. MTNL reserves the right to reject tender bid of such of those firms/persons, who were approved contractors of MTNL but failed to carry out the works assigned to them by any one of the units of MTNL to the satisfaction of MTNL authorities, even though the firms/persons may be having satisfactory work completion certificate from other units of MTNL or any other organization.

vi. MTNL may waive any minor infirmity or non-conformity or irregularity in a bid which does not constitute a material deviation provided such waiver does not prejudice or affect the relative ranking of any bidder. Conditional tenders or tenders not accompanied by EMD/Bid Security or tender fee cost will be rejected summarily.

8. RATES TO COVER.

The rates quoted should be Basic Price per set except service Tax etc which should be shown separately.

9. TAXES FOR STATUTES: Pursuant to the Constitution (Forty Sixth Amendment) Act 1982, if any further tax or levy is imposed by Statutes, after the date of award of tenders, and the contractors there upon necessarily and properly pay such taxes/levies. The contractors shall be reimbursed by MTNL such additional taxes /levies provided the contractor submit all documents in support of such additional tax amount. The Contractor shall, within a period of 30 days of imposition of any further tax or levy, pursuant to the Constitution (Forty Sixth Amendment) Act 1982 give a written notice thereof to the Sr.Manager, MTNL that the same is given pursuant to this condition together with all necessary information relating there to.

10. EVALUATION OF RATES IN TENDER DOCUMENT. Only responsive bids should be evaluated in detail. A responsive bid is a bid which satisfies following conditions of the bid documents:

a) It meets all the technical clauses. b) It meets commercial clauses. c) The offer is accompanied by a bid security deposited on the

prescribed proforma indicated in the bid document and valid for 180 days. The validity of the bid as per current tender documents is 150 days from the date of bid opening.



d) The evaluation and comparison of responsive bids shall be done on the basis of net cost to MTNL on the price of services offered inclusive of all Duties and Taxes ( but excluding CENVAT-able Duties & Taxes), sales tax, packing , forwarding freight & insurance charges etc. as indicated in the Price Schedule. Octroi/Entry Taxes will not be considered for the purpose of evaluation and comparison of bids.

The Discount/rebates, if any, offered by the bidders shall not be considered unless 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, into account. The percentages/amounts/rebates (if any) etc. quoted/written at place other than specified above shall not be considered. The amounts of contract shall remain fixed during the currency of the contract including extended period, if any, and for additional quantity if any, and shall not be subject to variation on any account except as provided at clause No. 9 above. Any bid submitted with an adjustable price quotation will be treated as non-responsive and rejected. In case discrepancies are found between the amount quoted in words and figures or the amount shown in abstract, the following procedure shall be followed: When there is difference between the amount in figures and words, then the amount which corresponds to the amount written in words by the tenderer shall be taken as correct. When the amount quoted by the tenderer in figures and words tally but the amount is found incorrect in total or in Abstract, the amount as arrived by totaling the individual items afresh, will be taken as correct. If the bidder does not accept the correction of the errors, his bid shall be rejected and the bid security (EMD) will be forfeited. The total CENVAT-able taxes like Service Tax shall be shown separately.

In case more than one tenderer quotes the same rate and if the same rate happens to be the lowest one (L-1), then the seniority of the tender bids will be decided based on the total of the turnover of the firms during last three financial years viz., 2010-11, 2011-12and 2012-13. The bidder with the highest turnover will be treated as senior.



11. EARNEST MONEY DEPOSIT (BID SECURITY)

11.1. Pursuant to clause 16 of Section II “INSTRUCTIONS TO

BIDDERS”, the bidder shall furnish, as part of his bid, a bid security for an amount of Rs 9,560/- (Rupees Nine thousand Five Hundred Sixty only)

11.2. The bid security is required to protect MTNL against the risk of bidder‟s conduct, which would warrant the forfeiture of bid security pursuant to Clause 11.7 below.

11.3. The bid security shall be in the form of a Demand Draft or Pay Order issued by a scheduled bank in favour of “MTNL Mumbai Dolphin‟.

11.4. The bid not secured in accordance with Clause No.16 of Section II “INSTRUCTIONS TO BIDDERS” shall be rejected by MTNL being non-responsive at the bid opening stage and returned to the bidder unopened.

11.5. The bid security of the unsuccessful bidder will be discharged as promptly as possible but not later than 30 days after the expiry of the period of the bid validity.

11.6. The successful bidder‟s bid security will be discharged upon the bidder‟s acceptance of MTNL‟s “Letter of Acceptance” satisfactorily in accordance with clause 3 of “General (Commercial) Conditions of Contract” and furnishing the performance security and Agreement.

11.7. The bid security may be forfeited: (a) If the bidder withdraws his bid during the period of bid validity

specified by the bidder in the Bid form or (b) In the case of successful bidder, if the bidder fails:

(i) to sign the contract in accordance with clause 4.a of “General (Commercial) Conditions of Contract” or (ii) to furnish performance security in accordance with clause 2 of “General (Commercial) Conditions of Contract”

(c) In both the above cases, the bidder will not be eligible to participate in the tender for same item for one year from the date of issue of “Letter of Acceptance” The bidder will not approach the court against the decision of MTNL in this regard and his bid security will be forfeited..

12. SUBMISSION AND PAYMENT OF BILLS

The contractor shall submit his bills monthly along with the service report duly counter signed by the Sr.Manager, MTNL, as per various clauses of Commercial condition to the effect that the work has been carried out as per the scope of work. The bill shall be submitted within a month of its falling due. In case of delay in submission of bill beyond one month, the reason for delayed submission should be given and the delay should be condoned by Senior Manager concerned if reasons are genuine.



If the bill is not submitted within Two months of its falling due, the bill will not be normally paid. However the concerned DGM can condone the delay if satisfied with reason/justification.

13. SUSPENSION OF WORK. The Contractor shall, on receipt of the order in writing from Sr.Manager(CAF) Mobile services , MTNL, has to suspend the entire work or any part thereof for such manner as the Senior Manager, MTNL may consider necessary for any of the following reasons.

a) On account of any default on the part of the Contractor to fulfill a

condition of contract b) For improper execution of the Work or part thereof for reasons other

than the default of the Contractor; or/and c) On account of any order/instructions of the Deputy General Manager

(Sales) MTNL or instructions issued by the Union Govt. of India or State Govt. of Maharashtra or any local authority like Municipal Corporation, CIDCO, MMRDA etc. or Court having direct baring on the execution of work.

For safety of the works or part thereof, the Contractor shall, during such suspension, proper protect and secure the Work to the extent necessary and carry out the instructions given in the behalf by the Senior Manager, MTNL, or/and

14. BREACH OF CONTRACT

If the Contractor: i. Having been given by the Sr.Manager(CAF) Mobile services ,

MTNL notice in writing to rectify or replace any defective work or that the work is being performed in inefficient or otherwise improper shall omit to comply with the requirements of such notice for a period of seven days thereafter‟ or

ii. Has failed to commence the work or has suspended or work or has failed to proceed with the work so that in the judgment of the Sr.Manager(CAF) Mobile services , MTNL (which shall be final and binding) he will be unable to secure completion of the work by the stipulated date and continues to do so after notice in writing of seven days from the Sr.Manager(CAF) Mobile services, MTNL: or

iii. Commits default in complying with any of the terms and conditions of Contract and does not remedy it or take effective steps to remedy it within 7 days after a notice in writing is given to him by the Sr.Manager(CAF)Mobile services, MTNL; or

iv. Being an individual, or if a firm any partner thereof, shall at any time during the currency of the Contract is adjudged insolvent or having received an order for administration of his estate made against him under Insolvency Act for the time being in force or make any conveyance assignment of his effect or composition or arrangement for the benefit of his creditors or purpose so to do, or if any application be made under any Insolvency Act for the time being in force for the sequestration of his estate or if a trust deed being executed by him for benefit of his creditors; or



v. Being a company, passes a resolution or the Court makes an order for the liquidation of affairs, or a receiver or manager on behalf of the debenture holders be appointed circumstances arise which entitle the /court or Creditors to appoint a receiver or manager which entitle the court to make a winding up order; or

vi. Assigns, transfer, sublets or attempts to assign, transfer of sublet the entire work or any portion thereof without the prior written approval of the Sr.Manager(CAF) Mobile services , MTNL, then the Sr.Manager(CAF) Mobile services , MTNL may without prejudice to his rights against the Contractor in respect of any of the delay suspension due to inferior workmanship or otherwise or to any claims for damage in respect any breach of the Contract and in addition to any right or remedies under any of the provision of the Contract or otherwise and whether the date for completion has or has not elapsed, shall have powers to determine or rescind the Contract as aforesaid (of which the termination/rescission notice in writing to the Contractor under hand of the Sr.Manager(CAF) Mobile services, MTNL shall be conclusive evidence). Upon such determination or rescission the Security Deposit of the Contractor shall stand forfeited and shall be absolutely at the disposal of the MTNL after giving notice to the Contractor to measure up the work of the Contractor and to take such part thereof as shall remain incomplete/unexecuted out of his hands and to give it to another contractor to complete in which case any expenses which may be incurred in excess of the sum which would have been paid to the original contractor if the whole work had been executed by him (the certificate in writing of the Sr.Manager(CAF) Mobile services , MTNL for the amount which exceeds the amounts contracted for the unexecuted/imperfectly executed items shall be final and conclusive) shall be borne and paid by the original contractor and may be deducted from any money due to him under this Contract or on any other account whatsoever or from the Security Deposit and/or additional security deposit or the proceeds of sales thereof, or a sufficient part thereof as the case may be. In the event of any one or more of the above course being adopted by the Sr.Manager(CAF)Mobile services , MTNL the Contractor shall have no claim to compensation for any loss sustained by him by reason of his having purchased or procured any materials or entered into any agreement or made any advances on account or with a view to the execution of the work or the performance of the Contract. In case action is taken under any of provisions aforesaid, the Contractor shall not be entitled or be paid any sum for any work unless and until the Sr.Manager(CAF) Mobile Services , MTNL has certified in writing the performance of such work and the value payable in respect thereof.



15. CONTRACTOR REMAINS LIABLE TO PAY COMPENSATION EVEN IF

ACTION NOT TAKEN UNDER CLAUSE 24 – SECTION III. In case, any of the powers conferred upon the MTNL by clause 24 thereof shall have become exercisable and the same had not been exercised, the non-exercise thereof shall not constitute a waiver of any of the conditions hereof. In the event of any case of default by the contractor for which, by any clause or clauses the contractor is declared liable to any compensation amounting to the whole of the security deposit and the liability of the Contractor for past and future compensation(s) shall remain unaffected.

16. FORECLOSURE/DEVIATION OF CONTRACT. If at any time after acceptance of the tender, the MTNL decides to abandon or reduce the scope of the Work for any reason whatsoever, the Sr.Manager(CAF) Mobile services, MTNL shall give notice in writing of the fact to foreclose or restrict the Contract, to the Contractor and the Contractor shall have no claim to any payment of compensation or otherwise whatsoever, on account of any loss or profit or advantage which he might have derived from the execution of the work. Further, the contractor shall not have any claim for compensation by reason of an alteration having been made in the original specifications and instructions which shall involve any curtailment of the work as originally contemplated.

17. TERMINATION OF CONTRACT ON DEATH. If the Contractor is an individual or a proprietary concern, and the individual or the proprietor dies and his successors express their inability to complete the remaining work or if the Contractor is a partnership concern and one of the partners dies and the firm is wound up as per partnership deed then the Sr.Manager(CAF) Mobile services , MTNL shall close the Contract for the uncompleted part without the MTNL being in any way liable for payment of any compensation to the estate of the deceased Contractor and/or to the surviving partners of the Contractor‟s firm on account of the closure of the Contract. In the event of such closure, the Sr.Manager(CAF) Mobile services , MTNL shall not hold the estate of the deceased Contractor and/or the surviving partners of the Contractor‟s firm liable for damages for not completing the Contract notwithstanding other provisions of the Contract.

18. EXCEPTED RISKS (FORCE MAJEURE)

If any time, during the continuance of this contract, the performance in whole or in part by either party of 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, lockouts or act of God (Hereinafter referred to as events) provided notice of happenings, of any such eventuality is given by either party to the other within 21 days from the date of occurrence thereof, neither party shall by reason of such events be entitled to terminate this contract nor shall either party have any claim for damages against the other in respect of such non performance or delay in



performance under the contract shall be resumed as soon as practicable after such an event may come to an end or cease to exist and the decision of MTNL as to whether the supplies 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

19. ADHERENCE TO GOVERNMENT REGULATIONS. The Contractor shall confirm in all respect with the provisions of any National or State Statutes, Ordinances or Laws or any regulations or bye-laws or orders of any local municipal or other duly constituted authority which may be applicable to the job/Work and with such rules, orders and regulations of such authorities and companies whose property rights are affected or may be affected in any way by the work and shall keep MTNL indemnified against all penalties and liability of every kind or breadth or any such Statute, Ordinance or Law, regulation order or bye-law.

20. CHANGES IN CONSTITUTION. Where the Contractor is a partnership firm, prior approval in writing of the Sr.Manager(CAF) Mobile services , MTNL 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 agreement with other parties, when under the reconstituted firm would have the right to carry out the work hereby undertaken by the Contractor. If prior approval as aforesaid is not obtained, the Contract shall be deemed to have been assigned in contravention of clause 39 hereof and such action may be taken and the such consequences shall ensure as provided for in the said clause.

21. DEFECT LIABILITY PERIOD. The premises on which the Job/Work or any part of it is being executed, or if any damage shall happen to the Job/Work from any cause whatsoever or if any defect, or other faults appear in the Job/Work after completion and within Three MONTHS after the issue of the completion of contract arising out of defective or improper materials or workmanship, the Contractor shall, on receipt of a notice in writing from Sr.Manager(CAF) Mobile services , MTNL, make good at his own cost, or in default the Sr.Manager(CAF) Mobile services , MTNL cause the same to be made good by other agencies at the risk and cost of the contractor and deduct the expenses from any sum that may be due or become due to the Contractor or from his Security Deposit.

22. .COMPLIANCE OF VARIOUS LABOUR LAWS 22.1. Valid License

The Contractor should have a valid license from Assistant Labour Commissioner (Central Government) under the Contract LABOUR (R&A) Act 1970 and the Contract Labour (Regulation and Abolition) Central Rules 1971 and continue to have the license renewed until



the completion of the Work. Any failure to fulfill this requirement shall attract the penal provisions of the Contract arising out of the resultant non-execution of the Work.

22.2. Contract labourer‟s Age: The Contractor shall not employ in connection with work any persons who are below eighteen years of age.

22.3. Payment of Minimum Wages: The Contractor shall comply with or cause to be complied with the Contractor Labour Regulations in regard to all matters provided therein and shall pay to labour employed by him the wages not less than fair wages as defined in the Contractor‟s Labour Regulations which shall also include the provisions of the Contract Labour (Regulations and Abolition) Act 1970 and Contract Labour (Regulations & Abolition) Central Rules 1971 wherever applicable.

22.4. Compliance of EPF Provisions: The contractor has to comply with the provisions of EPF & MP Act 1952 for all the workers employed by him in discharging this job in MTNL. This is applicable even if the contractor has less than 20 workers in his firm In case the Contractor fails to submit full details of his account of labour employed and the contribution payable, the Senior Manager (CAF) Mobile services , MTNL shall recover from the bills of Contractor an amount of contribution as assessed.

22.5. Compliance of ESI Provisions: The Contractor shall be liable to pay his contribution and the employee‟s contribution to the Employees State Insurance Scheme in respect of all labour employed by him and who are covered under ESIS Act 1948in accordance with the provision of the Employees State Insurance Act, 1948 as amended from time to time. In case the Contractor fails to submit full details of his account of labour employed and the contribution payable, the Senior Manager (CAF) Mobile services , MTNL shall recover from the bills of Contractor an amount of contribution as assessed. The amount so recovered shall be adjusted against the actual contribution payable for Employees State Insurance.

22.6. Compliance of Contract LABOUR (R&A) Act 1970: In addition to compliance of all other provisions in the Contract LABOUR (R&A) Act 1970, contractor shall be personally responsible for the compliance of the specific requirements as per Contract LABOUR (R&A) Act 1970. The Sr.Manager(CAF) Mobile services , MTNL shall on a report having been made by an Inspecting Officer as defined in the Contract Labour Regulations have the power to deduct from the moneys due to the Contractor any sum required or estimated to be required for making good the loss suffered by a worker or workers by reason of non-fulfillment of



the conditions of the Contract for the benefit of workers, non-payment of wages or of deductions made from his or their wages which are not justified by the terms of the Contract or non-observance of the said Contractor‟s Labour Regulations.

22.7. Other Labour Laws: The Contractor shall also comply with the provisions of the Payment of Wages Act, 1936, Minimum Wages Act, 1948, Employer‟s Liability Act, 1938, Workmen‟s Compensation Act, 1923, Industrial Disputes Act, 1947. Maternity Benefit Act, 1961 and Mines Act 1952 or any other law relating thereto and rules made there under from time to time.

23. ARBITRATION:

23.1. In the event of any question, dispute or difference arising under this agreement or in connection there-with (except as to the matters, the decision to which is specifically provided under this agreement), the same shall be referred to the sole arbitration of the ED , MTNL, Mumbai or in case his designation is changed or his office abolished then in such cases to the sole arbitration of the officer for the time being entrusted (whether in addition to his own duties or otherwise) with the functions of the ED , MTNL, Mumbai or by whatever designation such an officer may be called (herein after referred to as the said officer), and if the ED , MTNL, Mumbai or the said officer is unable or unwilling to act as such, then to the sole arbitration of some other person appointed by the ED or the said office. 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 on the ground that the arbitrator is a Govt. servant or that he has to deal with the matter to which the agreement relates or that in the course of his duties as a Govt. servant he has expressed his views on all or any of the matters in disputes. The award of the arbitrator shall be final and binding on both the parties to the agreement. In the event of such an arbitrator to whom the matter is originally referred, being transferred or vacating his office or being unable to act for any reason what so ever, the ED , MTNL, Mumbai or the said officer shall appoint another person to act as an arbitrator in accordance with terms of the agreement and a person so appointed shall be entitled to proceed from the stage at which it was left out by his predecessors.

23.2. The arbitrator may, from time to time, with the consent of both the parties enlarge the time frame for making and publishing the award. Subject to the aforesaid Arbitration and Conciliation Act, 1996 and the rules made there under, any modification thereof for the time being in force shall be deemed to apply to the arbitration proceedings under this clause.

23.3. The venue of the arbitration proceedings shall be the office of the ED , MTNL, Mumbai or such other places as the arbitrator may decide.



24. SET OFF CLAUSE: Any sum of money due and payable to the supplier (including security deposit refundable to him) under this contract may be appropriated by the purchaser or the MTNL or any other person or persons contracting through the MTNL and set off the same against any claim of the purchaser or MTNL 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 the supplier with the purchaser or MTNL or such other person or persons contracting through MTNL.

25. SUMMARY TERMINATION: In the event of the contractors having been adjudged insolvent or going into liquidation or winding up their business by making arrangements with their creditors or failing to observe any provision of the contract or any of the terms and conditions governing the contract, the General Manager (Sales) ,MTNL shall be at liberty to terminate the contract forthwith without prejudice to any other rights and remedies under the contract and to get the work done for the unexpired period of the contract at the risk and cost of the contractors and to claim from the contractors any resultant loss sustained or costs incurred. Similar action can be taken by the General Manager, MTNL in case of any breach of contract or deficiency in service.

SUBJECT LAWS & JURISDICTION The Contract shall be governed by Indian Laws and the Courts at Mumbai will have jurisdiction to entertain any dispute or claim arising on the contract.

26. THE PURCHASE ORDER WHEN ISSUED TO THE SUCCESSFUL

BIDDER CONSTITUTES THE CONTRACT. The purchase order when issued to the successful bidder constitutes the contract with collateral support from NIT terms and conditions as well as formal agreement on stamped paper affixed with non-judicial stamps, all of which finally form the contractual obligations to be adhered to by the bidder and the non-performance of any or all of such obligations make the contractor liable for consequential effects.

27. PROTECTIVE CLAUSE: MTNL, Mumbai, reserves the right to disqualify such bidders who have a record of not meeting the contractual obligation against contracts entered into with MTNL.

28. EXECUTION OF TIME LIMIT The time period as stipulated in the contract or LOA/APO/P.O. shall be deemed to be the essence of the contract. 28.1. Purchaser has the power to alter the time of submission of the bids

and opening of the bids at his discretion. 28.2. Purchaser has got the power to modify, alter any terms & conditions

as long as these are uniformly applied to all.



28.3. Normally negotiations shall be carried out with L-1 bidder only.

29. A. CLARIFICATION OF BIDS: To assist in the examination, evaluation and comparison of bids, the tendering Authority may, at its discretion asks 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. B. AWARD OF CONTRACT: The tendering Authority shall consider placement of orders only on those eligible Bidders whose offers have been found technically, commercially and financially acceptable. The tendering Authority reserves the rights to counter offer price (s) against price (s) quoted by any bidder. The work should be started by successful bidders/bidder within a week’s time of placing the work order/PO.

30. TENDERING AUTHORITY’S RIGHT TO VARY QUANTITIES AT THE TIME OF AWARD: a) The tendering Authority reserves the right at the time of award of

contract to increase or decrease the services up to 50% of the total quantity of services specified in the Schedule of Requirements without any change in unit price of the offered services or other terms and conditions.

b) In exceptional situations where the requirement is of an emergent nature and it is necessary to ensure continued service from the existing bidder, the tendering Authority reserves the right to place repeat order up to 50% of the services contained in the running tender/contract within a period of one (1) year from the earliest date of acceptance of work order at the same rate or a rate negotiated (downwardly) with the existing bidder considering the reasonability of rates based on prevailing market conditions and the impact of reduction in duties and taxes etc.

c) The tendering authority has the right to increase 50% of the tender quantity and extension time period for further 1 (one) year.

d) The order will be given grey scale/monochrome black and white as per MTNL requirements..

31. PAYMENT TERMS:

On successful completion of Scanning and uploading of CAF documents of MTNL customers to the satisfaction of the tendering authority. Dy.Manager (R/R) has to check the 100% CAF’s and issue clearance to the effect that CAF’s are ready for uploading, clearly mentioning the date of completion of the work by the bidder. For claiming this payment the successful bidder has to submit the following documents to the paying authority a) Invoice in Triplicate reflecting the quantities of documents scanned. b) Certificate from Dy.Manager (R/R) confirming the quality of scanned

images and clearly mentioning the date of completion of the work by the vendor.



c) A certificate from the Dy.Manager (R/R) (who is the in charge of the Scanning process) regarding the number of CAFs completed/uploaded on to the central server and successful retrieval of scanned images from central server during that period and quality of the scanning work done by the bidder.

d) Advanced stamp receipt e) Copy of work order and work order extensions if any in duplicate.

The payment for the service rendered will be released after successful quality check.The Income tax will be deducted from the bill amount due as per the standing rules in vogue. The successful tenderer will be responsible for payment of statutory liabilities of all kind including local and other taxes. For transferring the payment through EFT/RTGS, successful bidder should furnish the details of Bank A/c No., MICR & IFSC code.

32. QUALITY CHECK:

The scanned documents are to be handed over to DM (R/R) on the seventh day (including the day of pickup ) from the date of pick up . The scanned documents are then subjected to “quality Check” by MTNL for scanning quality, clarity of the image and file naming convention and traceability of the document in a batch. In a batch of 100, a sample of 5 documents is taken on random basis and would be subjected for the above mentioned quality check. In the event of detection of error even in a single randomly selected document, the entire batch is rejected and the tenderer has to rectify the deficiencies and resubmit the batch for QC.

33. PRICES The bidder shall give the basic price per set separately as per the price bid at section X, exclusive of all levies and taxes i.e. Service Tax etc. The bidder should quote the service tax component separately in the price bid . The basic unit price shall be quoted for scanning, uploading etc of scanned images per customer application form (CAF). The offer shall be firm in Indian Rupees. The Tendering Authority shall make no foreign exchange available,,, a) Prices charged by the Successful bidder for services performed under

the contract shall not be higher from the prices quoted by the Successful bidder in his bid.

b) In case of revision of Statutory Levies/Taxes during the finalization period of the tender the Tendering Authority reserves the right to ask for reduction in the prices.

c) Price once fixed will remain valid for the period of contract, irrespective of increase/ decrease of taxes and other statutory duties. In case of delayed services after the scheduled period the advantage of reduction of tax/duty would be passed on to the Tendering Authority and no benefit of increase in price will be permitted to the successful bidder if there is any increase in tax/duty.



34. CHANGES IN WORK ORDERS: The Tendering Authority may, at any time, by a written order given to the Successful bidder, make changes within the general scope of the contract in any one or more of the following: (a) The services to be provided by the Successful bidder. (b) Paying authority (c ) Work orders can be issued either centrally or part by the units. If any such change causes an increase or decrease in the cost of, or the time required for the execution of the contract an equitable adjustment shall be made in the contract price and the contract shall accordingly be amended. Any proposal by the Successful bidder for adjustment under this Clause must be made within thirty days from the date of receipt of the change in order.

35. DELAY IN PERFORMANCE Performance of services shall be made by the Successful bidder in accordance with the time schedule specified by the Tendering Authority in its Work order. In case the service is not completed in the stipulated period, as indicated in the Work order, Tendering Authority reserves the right either to short close/cancel this Work order and/or recover damage charges. The cancellation/short closing of the order shall be at the risk and responsibility of the Successful bidder and Tendering Authority reserves the right to order the balance of work at the risk and cost of the defaulting vendors.

Delay by the Successful bidder in the performance of its obligations shall render the Successful bidder liable to any or all of the following sanctions, namely, forfeiture of its performance security, imposition of liquidated damages and/or termination of the contract for default.

If at any time, during performance of the contract, the Successful bidder should encounter conditions impending timely performance of service, the Successful bidder shall promptly notify the Tendering Authority in writing of the fact of the delay its likely duration and its cause(s). As soon as practicable after receipt of the notice, the Tendering Authority shall evaluate the situation and may at its discretion, if necessary, extend the period for performance of the contract subject to furnishing of additional performance security by the successful bidder @ 5% of the total value of the additional Work order. The extension period against the work order, if any, shall be granted subject to the condition that the Tendering Authority shall have the absolute right to revise the prices and also to levy penalty for delayed services. If the services are not completed in the extended delivery period, the Work order shall be short closed and both the performance securities shall be forfeited.

36. LIQUIDATED DAMAGES: The date of completion of the scanning and uploading work stipulated in acceptance of the tender should be deemed to be the essence of the contract and work must be completed no later than the dates specified therein. Extension will not be given except in exceptional circumstances.



Should, however, scanning work be made after expiry of the contract delivery period, without prior concurrence of the tendering authority, and be accepted by the consignee, such deliveries will not deprive the Purchaser of his right to recover liquidated damages under clause 36 (ii) below. (i) If the contractor fails to complete the scanning work thereof within

the period prescribed and agreed for delivery, the Purchaser without prejudice to other remedies available to the purchaser shall be entitled to recover as agreed to the LD per breach of contract, a sum equivalent to 15% of the value of the uncompleted work and/or uncompleted CAF‟s scanning/supply for each week of delay or part thereof for a period up to 2 (TWO) weeks, and thereafter at the rate of 25% of the value of the uncompleted work and/or unscanned CAFs /supply for each week of delay or part thereof for another 2 (TWO) weeks of delay.

(ii) The work order extension beyond 4 weeks would not be generally allowed. The extension beyond 4 weeks may be decided in most exceptional circumstances on case to case basis, by the DGM, stating reasons and justifications for grant of extension of work completion period beyond 4weeks.

(iii) In case of package supply where the delayed portion of supply materially hampers, L/D Charges shall be levied as above on the total value of the concerned package of the purchase order.

(iv) The awardee tenderer becomes fully responsible for the documents given to them for scanning etc. If any of CAF and its supporting documents is misplaced or lost the awardee must reimburse the loss on account of the misplaced or lost documents to MTNL adequately.

(v) Quantum of Liquidated Damages assessed and levied by the purchaser and decision of the purchaser there on shall be final and binding on the supplier, further the same shall not be challenged by the supplier either before arbitration, tribunal or before the court. The same shall stand specifically excluded from the purview of the arbitration Clause, as such shall be preferable to arbitration.



SECTION –IV

SPECIAL CONDITIONS OF CONTRACT Technical information to the bidder:

The firm should have its own sufficient latest state of the art scanners / computers, other IT equipments /parts, sufficient infrastructure and qualified professionals. The tenderer must own scanning and indexing, cropping facility set up.

MTNL reserves the right to ask for a technical specifications of all machines /software/hardware to be used in the job from the bidder on the already submitted technical bid at any point of time during technical evaluation and before opening the price bid.MTNL may at its discreation, visit the office of the tenderer any time before the issue of letter of award.

The document should be scanned with minimum 200 dpi resolution in grey scale black and white as per MTNL requirement and should be stored in PDF format. Scanned document should not be blurred, folded, too dark or too light to read etc. Scanned image of the document should be clear and readable. Scanned data would have to be mapped with Alpha-numeric barcode number.

MTNL will provide the document to the authorized representative of the successful tenderer, on day to day basis under proper receipt and it will be the responsibility of the successful tenderer to accomplish the task of scanning after following all the processes, namely unbundling, rebundling, scanning, storing, etc.

It will be the responsibility of the successful tenderer to return the document to MTNL under acknowledgement in the same shape and condition in which it was taken.

The successful tenderer will ensure that the documents handed over to it are kept in proper and safe condition and no document is soiled /lost/misplaced/damaged.

The successful tenderer after successfully storing the data on its own computer shall transfer the same on the computer/server of MTNL along with a DVD of three copies/Hard disc.The successful tenderer shall ensure complete secrecy and confidentiality of the documents handed over to it.Disclosure of document in any form by the successful tenderer shall be considered as breach of contract. The successful tenderer shall sign a non disclosure agreement in the format provided in Annexure G before commencement of the work.

The successful tenderer shall submit a hard copy of instruction manual /documents for scanning , cropping of photos, cleaning, storing and retrieving operations and the same shall be provided to MTNL.

Upon receipt of instructions from MTNL , the successful tenderer shall delete the scanned data stored on bidders computers.



The scanned record will be the property of MTNL.The service provider shall have no right , title or interest in it and shall not use it in any manner. The tenderer shall indemnify MTNL against all third party claims of infringement of patent, trade mark, copyright/intellectual property rights or industrial design rights arising from the use of the supplied software/hardware/manpower etc. and related services or any part thereof.Tender would be only on end to end solution basis. The price shall not be split and quoted separately. SECURITY :

The security of CAF while transport will be tenderers responsibility. The successful tenderer shall ensure the confidentiality of the CAF provided by MTNL.

The bidder should submit documents along with the bid detailing the

security arrangements/infrastructure available and the practices followed at the scanning site. MTNL reserve the right to examine these during the tender evaluation process. In case of serious lapse in infrastructure, security MTNL reserves the right to cancel the bid.

MTNL shall reserve the right to visit the vendor‟s premise during

tender evaluation to assess the infrastructure and after placement of P.O for any number of time during the contract period to verify whether all security guidelines are being followed or not. In case of any breach of security guidelines pointed out by MTNL, the vendor will have to abide by the security guidelines.

Any problem of loss of CAFs during dispatch/transportation shall be immediately brought to the notice of MTNL by the bidder.

Complete details of CAF and its associated documents will be kept by

the contractor and to be submitted to MTNL in hard copy as well as in softcopy till such time MTNL instructs to delete the data stored in the bidders computer.



SECTION-V SCHEDULE OF REQUIREMENTS

Sr.No. Description Requirements

1 Item Description Scanning, cropping, indexing, data entry & unloading of scanned images of customer applications forms (CAF) with supporting documents in Grey scale black and white .

2. Quantity Two Lakhs (2,00,000) sets *

3. Specification As per Section VI

4. Delivery Requirement The delivery schedule will be as per purchase order and is binding on the supplier.

5. Place of Delivery Anywhere in the geographical Juridiction of MTNL .Mumbai. The place will be mentioned in the P.O

6. Bill Paying Authority DM (Cash)GSM, MTNL Mumbai 2nd Floor ,Admin Wing BKC Tele. Exch. MUMBAI,- 400 098

7. Bill Passing Authority SM(CAF)MS ,BKC Tele Exch.

8. Inspecting Authority. DM(RR)

9. Configuration to be offered

As per section VI of the tender document

*Set contains the CAF along with supporting documents generally comprises a maximum of five pages



SECTION-VI JOB SPECIFICATION

1.1 MTNL will provide for all the subscribers CAF in batches. Number of

Subscriber CAF will be approx 2,00,000 Nos. and the work has to be carried out in grey scale black & white scanning. (Set contains the CAF along with supporting documents generally comprises a maximum of 5 pages)

1.2 The scanned images have to be indexed on unique customer number, Mobile number etc.

1.3 The backup images has to be uploaded in the server provided and also stored in DVDs or any other media desired by MTNL, Mumbai.

1.4 MTNL, Mumbai will appoint an officer for handling the CAF. 1.5 Some of the documents are very old and the pages may have

moisture. The vendor has to take document preparation into account and coordinate with DM (R/R) for hand over and take over of files. The scanning may have to be carried out for more pages per subscriber. In some cases agency has to scan all relevant pages as requested by the DM (R/R).

1.6 The Tendering Authority reserves the right to request all the bidders to provide the customer Data in a specified format, if required for MTNL operational purpose, and the data has to be retrieved from the scanned images and give in the specified format. The bidder should not charge any extra amount for providing the said information.

2.1 The successful bidder shall organize and collect the CAF to be

scanned from MTNLs Record Room at Cumbalahil office.Handing over of scanned data soft & hard copies & keeping close liaison with MTNL Record Room authorities. This is to be completed as specified in work order.

2.2 The bidder shall also provide the name of alternate contact person,

address & telephone/FAX no, who may be contacted by the nominated officer or Nodal officer of the MTNL in case of no response/poor response from the deputed Staff of the Agency.

2.3 The bidder shall ensure that fully competent and responsible personnel are employed for this contractual work.

2.4 The data of the subscribers for Scanning on weekly basis from the MTNL and submit back the same in the weekly basis.

2.5 The bidder shall have to bear the cost of stationery, transport charges for their personnel, postal charges and all other incidental charges during the process of scanning.

2.6 The bidder must give the additional information:

a. Hardware equipment proposed to be used.



b. Number of technical persons proposed to be deputed by you for the work.

c. Number of non technical persons proposed to be deputed by you.

d. What would be the output/day in terms of number of sets that can be scanned, cropping, indexing stored and retrievable?

e. The software proposed to be used for scanning may be mentioned.

f. Maintenance and technical support services to be provided after execution of the work.

g. Steps to prevent accidental or intentional destruction of data.

2.7All the CAF will be stored at Cumbala hil Telephone Exchange record Room. The CAF will be stored in boxes with label shall be provided by the contractor.

3.1.The DM (Record Room ) shall be assigned for getting the CAF

scanned for the entire MTNL,Mumbai. The invoice payment shall be the responsibility of this person. Backup of the complete data shall be the responsibility of DM (Record Room) and backup to be taken on weekly basis.

3.2.The DM (Record Room) will be responsible for checking 100% CAF after the full LOT is ready in all aspects, and is ready for uploading. The ID of this person shall be entered in the software. DM (R/R) has to check 100% CAF and issue clearance to the effect that CAF‟s are ready for uploading clearly mentioning the date of completion of the work by the vendor.

3.3 The vendor is free to upload the data of a LOT/CAF in the server at any stage, as required by the MTNL.

4. The linking of master data with one another should be made wherever possible to have best data integrity. 5. The eligibility criterion of the bidder may be that he has done scanning of 5lakhs pages for any one of

1. Telecom operator, 2. Bank 3. Government/PSU office.

5.1 A server is arranged/ procured by MTNL, Mumbai. Existing server is kept with MTNL, BKC Mumbai. The scanned images, data of CAF etc will be stored in this server. The workflow will be managed in this server.

5.2. The bidder has to check quality before uploading the scanned data

and it should be certified by DM (R/Room) MTNL,Mumbai then uploading of the scanned data in server by the bidder.

6. Scanning Technical Specifications

6.1 All images to be scanned at 200 dpi .pdf file format.



6.2 The photo/signature page also to be scanned at 200 dpi grey scale b/w format as required.

6.3 System shall be able to store Scanned Images and related indexing atleast for 6 months..

6.4 It should provide environment to integrate with traditional databases like text/flat files.

6.5 Scanning vendor should be capable enough to store data from structured, semi-structured, and unstructured documents, such as images and rich media, directly within the database.

6.6 The approximate size of the main form and its supporting documents shall be 2MB.

6.7 The scanning shall be done at 200 dpi . All pages including supporting documents shall be in grey scale,B/W. The image will be stored in pdf format. Scanning should support user management and Audit trials.

SCOPE OF WORK FOR SCANING & UPLOADING:

1. Collection of CAF forms from the office of MTNL, Organizing the

documents in the physical file of 100 forms, marking the page

number and serial number on each page.

2. Capturing all pages in the image file (one PDF file for each mobile

number) and storing under a single file name. The file name shall

be unique as per the scheme given by MTNL.

3. Entering all the required data in database- files i.e. Sr. No. Mobile

No. Name, Account number.

4. The vendor will be responsible for uploading the scanned forms and

data base to DMS already installed in MTNL Mumbai in BKC Tel.

Exch. There should be a mapping of database and images and it

should be completely error free.

5. Submitting the scanned images and data on DVDs & hard disc in

three copies.

6. CAFs shall be returned in bundles of “ Hundred” a list of numbers in

each bundle shall be placed on top of bundle as per CAFs audit list

given in Annexure D.

7. It will be the responsibility of bidder to collect the forms from MTNL,

return the same after scanning in bundles as per (6) above and

placing the CAFs in order in the allotted racks.



SCOPE OF WORK FOR PHOTO EXTRACTION/CROPPING: Photo cropping term is used to refer to the process of extracting only customer photography from the CAF . The scan photograph of the customers along with supporting details, is to be provided for all scanned CAFs separately. The following points define the scope of photo cropping work.

a. Photograph on the customer application form is to be digitalized and provided separately.

b. The successful vendor must ensure good quality of the digitalized /scanned photograph (preferably about 200 dpi and size to be 50 KB).The image should include the complete photography of the customer as appearing on CAF in grey scale b/w as per requirement of MTNL.

c. Proper indexing and mapping of the digitalized photograph with the customer mobile number /customer account number to be ensured by the vendor.It is absolute responsibility of the vendor to ensure that the digital images are exact replica of the orginal photograph appearing on the CAF and the image is mapped exactly with the mobile number /account number as appearing on the CAFalong with date of activation.

d. The file should be in .jpg format and submitted to MTNL by multiple DVDs/Hard disc.

e. The successful vendor should submit DVDs/Hard discs containing scanned photograph (grey scale/Balck & white)on monthly basis.



SECTION-VII - PART-A

BID FORM To, SM(CAF)Mobile Services, MTNL MUMBAI-400 098.

Dear Sir,

1. Having examined the conditions of contract and specifications including

addenda Nos,……………………..the receipt of which is hereby duly acknowledged, we, undersigned, offer to supply and deliver ………………………………………………in conformity with the said drawings, conditions of contract and specifications for the sum shown in the price schedule attached herewith and made part of this bid.

2. We undertake, if our bid is accepted, to commence deliveries within ( ) months and to complete delivery of all the items specified in the contract within ( ) months calculated from the date of issue of your purchase order.

3. If our bid is accepted, we will obtain the performance guarantees of a Scheduled Bank for a sum @5% of the contract value for the due performance of the contract.

4. We agree to abide by this bid for a period of. …………Days from the date fixed for bid opening and it shall remain binding upon us and may be accepted at any time before the expiration of that period.

5. Until a formal Purchase Order or contract is prepared and executed, this bid together with your written acceptance thereof in your notification of award shall constitute a binding contract between us.

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

7. We understand that you are not bound to accept the lowest or any bid you may receive.

Dated this …………………………day of ……………….2014

Name and Signature………………………………………………………… In the capacity of………………………. Duly authorized to sign the bid for and on behalf of .........................

Witness………………………

Address……………………… Signature…….………………



SECTION-VII - (PART-B)

FORM-A (TECHNICAL SPECIFICATION)

Sl Description Details

1. i) Name of the Proprietor/Firm/ Company

ii) Mailing Address.

iii) Email Address.

iv) Telephone Number/s

v) FAX Number/s

vi) E-mail address (alternate).

vii) Location of scanning facility.

viii) Name of the proprietor/Authorized Signatory.

2. i) Scanning Capacity, (Machine wise)

ii) Licensed capacity.

iii) available Capacity for through put.

iv) Actual scanning of the quoted items during the last three years

3. i) Hardware equipment proposed to be used.

ii) Number of Technical Persons proposed to be deputed for the work.

4. Number of non technical persons proposed to be deputed for the work.

5. Output per day in terms of number of sets that can be scanned, cropping, indexing stored and retrievable.

6. The software proposed to be used for scanning.

7. Maintenance and technical support service to be provided after execution of work.

8. Steps to prevent accidental or intentional destruction of data.

9. Compliance of Information &technology Securities & Laws.

10. Constitution of the Company i.e. is the Company Registered under :

i) The Indian Companies Act 1956

ii) The Indian Partnership Act 1932

iii) Name of Partners a) b)

iv) Any other Act (give details )



11 Experience during last three year details (Copies to be enclosed)

12 1212

Copy/copies of Work satisfactory Certificate (Organizations) Organisazation 13 Present Experience

Name of the Organization

Contract Period From To

Contract Value / Annual billing,

Rs. p.a.

14 Annual Turnover of the Firm / Company (Copies of financial statements to be enclosed)

2012-13

2011-12

2010-11

15 Statutory Registration Numbers

PAN

Service Tax

EPF

ESIC

16 Banking Particulars

Bank

Branch

Account type

Account Number

17 Cost of the Tender Form (Non refundable) Applicable only in case the Tender Form was downloaded from Internet- (Pay Order/ Demand Draft to be enclosed)

Tender Form Cost

Rs.

Name of Issuing Bank

Branch Name

PO/DD Number

PO/DD Date

18 Earnest Money Deposit– Non- Interest Bearing.

EMD Amount Rs.

Name of Issuing Bank



Pay Order / DD Details

(Pay Order/ Demand Draft to be enclosed)

Branch Name

PO/DD Number

PO/DD Date

19 List of other Documents to be enclosed –Copies of all the documents in all pages duly attested by the authorized signatories.

a) Banker‟s Cheque/Demand Draft of Cost of Tender Form. b) Banker‟s Cheque/Demand Draft of Earnest Money Deposit. c) Annual Financial Turn over Certificate duly attested by the auditors, for the last 3 years ending with 31-03-2013. d) Attested copy of Income Tax Returns for the last 3 years upto 2012-2013 e) Income Tax Permanent Account Number (PAN) card copy. f) Service Tax Registration Certificate-copy l) Copy of current Valid Labour Law License m) Certificate issued under Shops & Establishment Act-copy n) Appropriate registration for Partnership / Private Limited / Limited firms-copy. o) Original Declaration on Non-Judicial Stamp Paper of Rs.100. p) Technical specification sheet of all machines/software/hardware to be used in the job. p) Services provided for the past three years(upto 31st March 2013).

Name of the Organisation

From Date To Date Value of the contract



CERTIFICATE

This is to certify that I /we before signing this tender have read and fully understood all the terms & conditions contained therein and undertake myself /ourselves to abide by them and also declare that I/we shall comply with all statutory requirements and legal provisions, relevant in execution of the said work. Place: Authorised Signatory Date: Designation Seal / Stamp Note: In case more space is required for providing information against any column, please use additional papers, and attach the same to the application, duly signed, which form part of the Document .



SECTION- VIII

PROFORMA FOR BANK GUARANTEE FOR BID SECURITY (To be stamped in accordance with the Stamp Act)

B.G. NO. DATE OF ISSUE VALID UPTO Ref:: ------------------------------------ Whereas ……………………………..(Hereinafter called” The Bidder”) has submitted its bid dated………………….for the supply of ……………………………………………………vide Tender No……………………………..dated……………KNOW ALL MEN by these presents that WE…………………….OF…………………having our registered office at …………………(hereinafter called “The Bank”) are bound unto MAHANAGAR TELEPHONE NIGAM LIMITED (hereinafter called “The Purchaser”) in the sum of Rs…………….for which payment will and truly to be made of the said purchaser, the bank binds itself, its successors and assigns by these present. THE CONDITIONS OF THE OBLIGATIONS ARE: 1. If the bidder withdraws his bid during the period of bid validity specified by the

bidder on the Bid form or 2. If the bidder, having been notified of the acceptance of his bid by the purchaser

during the period of bid validity. Or 3. Fails or refuses to execute the contract, if required, or 4. Fails or refuses to furnish the Performance Security, in accordance with the

instructions to Bidders. We undertake to pay to the purchaser up to the above amount upon receipt of its first written demand, out the purchaser having to substantiate its demand, provided that in its demand, the purchaser will note that the amount claimed by it is due to it owning to the occurrence of one or both of the two conditions, specifying the occurred condition or conditions. This guarantee will remain in force as specified in the clause 12 and 28.2 of section-II of the bid document up to and including THIRTY (30) days after the period of bid validity and any demand in respect thereof should reach the bank not later than the specified date/dates. Signature of the Bank Authority Name with officer code: Signed in the capacity of Full Address of the branch Name and Signature of Witness Tele..No. of branch : Address of witness FAX. No. of branch:



SECTION –IX DECLARATION:

(On Rs. 100/- Stamped Paper - duly notarized) I,_______________________________________________ Son/Daughter/Wife of Shri __________________________________________________________ and Sole Proprietor/Partner/Director/Authorized Signatory/Power of Attorney holder of M/s _____________________________________________ do hereby solemnly affirm and declare as under:- 1.That I am the Sole Proprietor/Partner/Director/Authorized Signatory/Power of Attorney holder of M/s ____________________________ which has never ever been debarred and / or black-listed by any MTNL and not having any on going litigation or court case pending or any other money suits also state that the bid is not submitted in the name of this firm while being Director or partner or proprietor or authorized signatory of such firm which is either debarred, black-listed or has entertained litigation or having on going litigation or court cases or money suits pending regarding the failure of contractual obligations. 2. That I state & declare that none of my near relatives or any of the partners or other directors are working in MTNL in general and in MM and construction wings in particular. 3. That in case the above declaration is found to be incorrect or wrong, the contract if awarded to the firm shall be terminated immediately and the firm shall be liable to black-listed / debarred for future works / contract with MTNL. Any such action shall however be without prejudice to MTNL‟s rights under the law. 4. That the above declaration is given in accordance with the NIT conditions.

Signature of Prop. /Partner/Director/ Authorized Signatory

(Shri / Smt. ……………………………………………)

Note: 1. If the firm has been debarred and / or blacklisted by any Department. of Central Govt./State Govt./PSU/Public bodies / Municipalities in past and now the order has been revoked or period finished or court case is under process, then firm should furnish details of such cases. 2. The near relatives for this purpose are defined as per clause no. 11 of Instructions to tenderer. 3. The authorized signatory is signing this Declaration on behalf of proprietor/directors/partners and will not relieve the proprietor/directors/partners from any /all the legal bindings as envisaged in NIT/Tender document.



SECTION –X

FINANCIAL BID

Item Description BID FOR

Basic price

per set Rs

( Both in

figure & In

words)

Service Tax both

(in Rs & in %)

Any other Tax if

applicable( in Rs & in

% ) with

descriptions

Total

Composite Price

inclusive of all taxes in

Rs ( in figure)

Total Composite price inclusive of all taxes in Rs ( in words)

SCANNING , CROPPING ,INDEXING ,DATAENTRY AND UPLOADING OF SCANNED IMAGES OF CUSTOMER APPLICATION FORMS (CAF)WITH SUPPORTING DOCUMENTS (PER SET)

Complete grey scale (black and white).

1. Bidders are required to quote for 100% quantity failing which bid shall be

rejected. 2. All columns must be filled I/We hereby declare that in quoting the above price we have taken into account the entire credit on inputs available under the MODVAT SCHEME introduced w.e.f. 1st March, 1986 and further extended on more items till date.

Signature of the bidder (with Stamp / seal)



SECTION XI

PERFORMANCE SECURITY GUARANTEE BOND

1. In consideration of the ED, MTNL, Mumbai (herein after called “MTNL”) having agreed to exempt-----------------------------------(herein after called “The said contractor(s)”) from the demand under the terms and conditions of an agreement/advance purchase order No…………………………………………………………dated………………..made between……………………………..and ……………………………….for the supply of ……………………………….(herein after called “The said agreement”), of security deposit for the due fulfillment by the said contractor(s) of the terms and conditions contained in the said agreement, on production of the Bank Guarantee for ………………….we, (name of the bank)……………………(herein after referred to as “ the bank”) at the request of……………………………(contractor(s)) do hereby under take to pay to the MTNL an amount not exceeding …………………..against any loss or damage caused to or suffered or would be caused to or suffered by MTNL by reason of any breach by the said contractor(s) of any of the terms or conditions contained in the said agreement.

2. We (name of the bank)………………………do hereby under take to pay the

amounts due and payable under this guarantee without any demure, merely on a demand from the MTNL by reason of breach by the said contractor(s) of any of the terms or conditions contained in the said agreement or by reason of the contractor(s) failure to perform the said agreement. Any such demand made on the bank shall be conclusive as regards the amount due and payable by the bank under this guarantee where the decision of MTNL in these counts shall be final and binding on the bank. However, our liability under this guarantee shall be restricted to an amount not exceeding………………………………………. .

3. We under take to pay to the MTNL any money so demanded

notwithstanding any dispute or disputes raised by the contractor(s)/supplier(s) in any suit or proceeding pending before any court or tribunal relating thereto our liability under this present being absolute and unequivocal. The payment so made by us under this bond shall be valid discharge of our liability for payment there under and the contractor(s)/supplier(s) shall have no claim against us for making such payments.

4. We (name of the bank)…………………………………………….further agree that the guarantee herein contain shall remain in full force and effect during the period that would be taken for the performance of the said agreement and that it shall continue to be enforceable till all dues of the MTNL under or by virtue of the said agreement have been fully paid and its claims satisfied of discharged or till (office/department) MTNL certifies that the terms and conditions of the said agreements have been fully or properly carried out by the said contractor(s) and accordingly discharges this guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before the expiry of Two years i.e. 24 months (as specified



in the PO) from the date thereof. We shall be discharged from all liabilities under this guarantee thereafter.

5. We (name of the bank)…………………………………further agree with

MTNL, that the MTNL shall have the fullest liberty without our consent and without affecting any manner our obligations hereunder to vary any of the terms and conditions of the said Agreement or to extend time of performance by the said contractor(s)from time to time or to postpone for any time or from time to time any of the powers exercisable by the MTNL against the said contractor(s) and to forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason of any such variation or extension being granted to the said contractor(s) or for any forbearance, act or omission on part of MTNL or any indulgence by the MTNL to the said contractor(s) or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us.

6. This guarantee will not be discharged due to the change in the constitution

of the bank or the contractor(s)/supplier(s). 7. We (name of the bank)……………………………..lastly under take not to

revoke this guarantee during its currency except with the previous consent of the MTNL, in writing.

Dated the……………………..day of ………………2014 For……………………………………………………… (Indicate the name of the bank& name of the signatory with code number) NOTE: This PBG shall be in the custody of SM(CAF), MTNL MUMBAI.



SECTION XI-A ADDITIONAL BANK GUARANTEE PROFORMA

To MTNL, Mumbai 1. In consideration of the competent authority MTNL, Mumbai (herein after

called “MTNL”) having agreed to exempt-----------------------------------(herein after called “The said contractor(s)”) from the demand under the terms and conditions of an agreement/advance purchase order No…………………………………………………………dated………………..made between……………………………..and ……………………………….for the supply of ……………………………….(herein after called “The said agreement”), of security deposit for the due fulfillment by the said contractor(s) of the terms and conditions related to extension of delivery schedule contained in the said agreement, on production of the Additional Bank Guarantee for ………………….we, (name of the bank)……………………(herein after referred to as “ the bank”) at the request of……………………………(contractor(s)) do hereby under take to pay to the MTNL an amount not exceeding …………………..against any loss or damage caused to or suffered or would be caused to or suffered by MTNL by reason of any breach by the said contractor(s) of any of the terms or conditions related to delivery schedule contained in the said agreement.

2. We (name of the bank)………………………do hereby under take to pay the amounts due and payable under this guarantee without any demure, merely on a demand from the MTNL by reason of breach by the said contractor(s) of any of the delivery schedule related terms or conditions contained in the said agreement or by reason of the contractor(s) failure to perform the said agreement within the extended delivery schedule. Any such demand made on the bank shall be conclusive as regards the amount due and payable by the bank under this guarantee where the decision of MTNL in these counts shall be final and binding on the bank. However, our liability under this guarantee shall be restricted to an amount not exceeding………………………………………. .

3. We under take to pay to the MTNL any money so demanded not withstanding any dispute or disputes raised by the contractor(s)/supplier(s) in any suit or proceeding pending before any court or tribunal relating thereto our liability under this present being absolute and unequivocal. The payment so made by us under this bond shall be valid discharge of our liability for payment there under and the contractor(s)/supplier(s) shall have no claim against us for making such payments.

4. We (name of the bank)…………………………………………….further

agree that the guarantee herein contain shall remain in full force and effect during the period that would be taken for the delivery schedule related obligations against the said agreement have been met or till fully paid and



its claims satisfied of discharged or till …………………(office/department) MTNL certifies that the delivery schedule related terms and conditions of the said agreements have been fully or properly carried out by the said contractor(s) and accordingly discharges this guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before the expiry of One year ( for delivery of goods)/One and half years ( for Turn-key project) from the date here of, we shall be discharged from all liabilities under this guarantee thereafter.

5. We (name of the bank)…………………………………further agree with MTNL, that the MTNL shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said Agreement or to extend time of performance by the said contractor(s)from time to time or to postpone for any time or from time to time any of the powers exercisable by the MTNL against the said contractor(s) and to forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason of any such variation or extension being granted to the said contractor(s) or for any forbearance, act or omission on part of MTNL or any indulgence by the MTNL to the said contractor(s) or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us.

6. This guarantee will not be discharged due to the change in the constitution

of the bank or the contractor(s)/supplier(s).

7. We (name of the bank)……………………………..lastly under take not to revoke this guarantee during its currency except with the previous consent of the MTNL, in writing.

Dated the……………………..day of ………………2014 For……………………………………………………… (Name of the bank & name of the signatory with code no) Witness:- 1. 2.



SECTION XII PROFORMA FOR AGREEMENT

(On non-judicial stamp paper of appropriate value) CONTRACT AGREEMENT FOR THE WORK OF

……………………………….Dated ……… between…………… (for proprietary

concern) Shri…………………..s/o…………..r/o ………………..carrying on

business under the name and style of ………………..of

………….at……………..(hereinafter called the said contractor which

expression shall unless the context requires otherwise include his heirs,

executors, administrators and legal representatives). (For partnership

concern) M/s. ……………..a partnership firm having its registered office at

………………. (here in after called the said contractor which expression shall

unless the context requires otherwise include his heirs, executors,

administrators and legal representatives.) The partners of the firms are:-

i)

ii)

iii)

iv)

M/s……………………………, a company duly incorporated under the Indian

Companies Act 1956 and having its registered office at ……………in the

state of ……….(hereinafter called the said contractor which expression unless

the context requires otherwise include its successors and assignees) of the

one part and the MAHANAGAR TELEPHONE NIGAM LIMITED hereinafter

called the MTNL (which term shall, unless excluded by or repugnant to the

subject or context include its successors and assignees) of the other part.

WHEREAS

i. The MTNL is desirous entering into -------- should be executed as

mentioned, enumerated or referred to in the tender documents

including Notice Inviting Tender, General Conditions of the Contract,

Specifications, Schedule of Works, other documents, has called for

Tender.

ii. The Contractor has inspected the site specified in the tender

documents and has satisfied himself by careful examination before

submitting his tender after Independent enquiries and obtained

complete information as to the matters and things referred to or implied

in the tender documents or having any connection therewith, and has

considered the nature and extent of all probable and possible

situations, to the execution and completion of the work to be carried out

under the contract, and has examined and considered all other

matters, conditions and things and probable and possible



contingencies, and generally all matters incidental thereto and ancillary

thereof affecting the execution and completion of the work and which

might have influenced him in making his tender.

iii. The tender documents including the MTNL‟s Notice Inviting Tender,

General Conditions of Contract, Pricing Schedule, General obligations,

letter of acceptance of tender with its enclosures, copies of which are

hereto annexed, form part of this contract though separately set out

herein and are included in the expression of Contract wherever herein

used.

AND WHEREAS

The MTNL accepted the tender of ………………………. and conveyed vide

letter No……….………….…..….dated……………..….…. at the rates states in

the pricing schedule for the work and accepted by the MTNL (hereinafter

called the schedule of rates upon the terms and subject to the conditions of

the contract).

NOW THIS AGREEMENT WITNESSETH & IT IS HEREBY AGREED AND

DECLARED AS FOLLOWS:-

1. In consideration of the payment to be made to the contractor for the

work to be executed by him, the contractor hereby covenants with the

MTNL that the contractor shall and will duly provide, execute, complete

and maintain the said work and shall do and perform all other acts and

things in the contract mentioned or described or which are to be

implied there from or may be reasonably necessary for the completion

of the said works and at the said times and in the manner and subject

to the terms and conditions or stipulations mentioned in the contract,

AND,

2. In consideration of the due provision, execution of the said work, the

MTNL does hereby agree with the contractor that the MTNL will pay to

the contractor the respective amounts for the work actually done by

him and approved by the MTNL at the accepted rates and such other

sum payable to the contractor under provision of this contract, such

payment to be made at such time in such manner as prescribed for in

the contract.

It is specifically and distinctly understood and agreed between the

MTNL and the contractor that the contractor shall have no right, title or

interest in the site made available by the MTNL for execution of the works or

in the building, structures or works executed on the said site by the contractor

or in the goods, articles, materials etc. brought on the said site (unless the

same specifically belongs to the contractor) and the contractor shall not have



or deemed to have any lien whatsoever charge for unpaid bills, will not be

entitled to assume or retain possession on control of the site or structures and

the MTNL shall have an absolute and unfettered right to take full possession

of site and to remove the contractor their servants, against and materials

belonging to the contractor and lying on the site.

It witness whereof the parties hereto have here into set their respective hands

and seals in the day and the year first above written.

Signed and delivered for and on Signed and delivered for and on Behalf of MTNL behalf of the contractor. (MAHANAGAR TELEPHONE NIGAM LTD) CONTRACTOR DATE……………. DATED……………. Place…………….. Place……………….. IN PRESENCE OF TWO WITNESSES.



SECTION - XIII

WARRANTY CERTIFICATE

The contractor shall warrant that the data supplied as per section –V shall be free from all defects and faults and shall be of the highest grade and consistent with the established and generally accepted standards for the job of this type and shall perform in full conformity with the specifications. The contractor hereby agrees to give a warranty for 12 Months from the date of completion and agrees to rescan and re enter the data etc of all the works for the defective ones as pointed out by MTNLs authority in writing. The contract to replace or renew any defective portion(s) of the works under this clause, the provisions of the clause shall apply to the portion(s) of works so replaced or renewed until the end of the above mentioned period of 12 months, whichever may be late. Similar provision will be applicable in respect of rectifications made to the job/works. If any defect is not remedied within a reasonable time, MTNL shall proceed to do get the work/supply at the contractor‟s risk and expenses, but without prejudice to any other rights, which MTNL may have against the contractor in respect of such defect. Replacement /renewal/rectification job/works under warranty clause shall be made by contractor free of the charges / costs

(Signature of Supplier With stamp) dated:_____________________________



ANNEXURE – A

C H E C K L I S T Bidders are requested to check that the following documents are submitted with the bid. This check List may also be submitted (with Yes/ No) with the bid.

SL. NO.

DOCUMENTS YES/ NO

1. BID Security EMD) in the form of DD/PO (refer clause 11.3 of Section –III)

2. Order executed for similar type of work

3. Clause-by-Clause Compliance certificate as per Annexure-B.

4. Information as required in the tender in the prescribed forms.

5. Bid Form (Section-VII), Part-A & Part-B

6 Submitted proof of experience.

7 Photo Copy of PAN /Allotment of PAN number from Income Tax department

8 Attested copies of I.T.Returns (For F.Y 2010-11,2011-12 and 2012-13)

9 SERVICE TAX Registration Certificate

10 SERVICE TAX Returns, filed up to 31/03/2014 and declaration as per annexure-„C‟.

11 Declaration on Indemnity Bond on Rs.100/-Stamp Paper, duly notarized as per section IX.

12 Name of Bank, Branch of bank, 9 digit MICR Code and Account no. for E-Payment.

13 Submitted Shop & Establishment Registration Certificate.

14 Articles or Memorandum of association or partnership deed or proprietorship deed as the case may be.

15 General Power of Attorney in favour of the signatory in case of Partnership firm / Registered company / Proprietorship firms duly notarised (except sole proprietor).

16 Copy of EPF /ESI Registration (if applicable).

17 Annual Financial Turn over Certificate duly attested by the auditors, for the last 3 years ending with 31-03-2013 as per clause 5.2 ( c) of section I.

18 Is any work order terminated & your firm was black listed in MTNL due to any reason any time.

19 Documentary proof to ascertain whether the company/ enterprise is covered under the MSMED Act, 2006.( as applicable).

20 Technical specification sheet of all machines/software/hardware to be used in the job.



ANNEXURE - B COMPLIANCE (clause by clause) CERTIFICATE

It is to certify that the tender document is carefully read & understood and all the sections and clauses are complied unconditionally & unequivocally. There is no deviation from the terms & conditions of the tender.

(Sign. Of the bidder with seal)



ANNEXURE – C TAX DECLARATION

I / We : ___________________________________________ hereby

solemnly affirm that _____________________________________________

(Name in capital Letters).

I / We am/are registered under the Sales Tax Act. / VAT Act of the

state of : __________ and / or registered under the Central Sales Tax Act

1956.

My / Our Registration Nos. which are current are as under :

(1) VAT Registration No. : __________________________________ (2) Registration No. under CST ACT : _________________________ (3) Service Tax Registration No.: ______________________________ I / We have filed VAT / CST /Service Tax returns up to ____________ and have paid Tax as per the returns filed. I / We am / are not in arrears of any Tax already accessed and demanded by the concerned SalesTax authorities.

I / We understand that , if any discrepancy is noticed or the statement

is found incorrect during the currency of the contract, MTNL shall treat this as

breach of contract and shall take any action as deemed fit without any prior

intimation to me / us.

Signature of the Tendered or Authorised person with his office seal. Place : Telephone No. : Date : Mobile No. : Note : VAT/CST/Service Tax Returns should not be of more than one year old prior to the date of opening of the tender.



ANNEXURE – D CAFs AUDIT LIST

(List to be placed on every “Hundred “ CAFs bundles)

Name of the contractor: Bundle No. DVD No.

Contractors SL.NO

MOB. NO.

DT.OF ISSUE

Customer name

Date of booking

Point of

sale

Photo with sign

POA POI VERI. SIGN WITH

STAMP

Name of contractor

REMARK



ANNXURE - E

STATEMENT OF ORDERS EXECUTED FOR SIMILAR TYPE OF WORKS BY THE BIDDER

Sl.No. Details Quantity 1. Total work order for similar type of work per month.

2. Work orders on hand with the firm from others as on date.

3. Completed work orders

4. Daily quantum of that can be done By the firm if orders are placed. 5. Documentary evidence copies enclosed: 1. 2. .

_______________________________________________________

The information furnished above is correct to the best of our knowledge.

SIGNATURE

Note: - If the space provided in the proforma is found insufficient for giving the full information, the proforma may be typed out and the required information furnished in it.

.



ANNEXURE - F

CERTIFICATE REGARDING DOWNLOADING OF TENDER DOCUMENT FROM INTERNET

I/We …………………........................................…………………………………… ………………………………………………………………………………………… Authorized signatory hereby declare that the tender document submitted has

been downloaded from the website and no additions /deletions /correction has

been made in the proforma downloaded. Further if any modification in the

tender schedule is noticed, the bid may be rejected irrespective that whether

the tender is under evaluation or awarding stage or awarded or at any stage

as per the decision of the GM(Sales), MTNL, Mumbai . The decision of

GM(Sales), MTNL, Mumbai is final and binding on both sides. The EMD/SD

paid by me can be forfeited. I/We also declare that I/We have enclosed a DD

for Rs………………….dt ……………………….. drawn on

………………………………………………… towards the cost of tender

document with this bid.

Signature of the bidder (with Stamp / seal)



ANNEXURE- G

FORM OF NON-DISCLOSURE AGREEMENT

NON-DISCLOSURE AGREEMENT

THIS NON-DISCLOSURE AGREEMENT (“Agreement”) is entered into on the ………. Day of the month of ………..2014, Between MAHANAGAR TELEPHONE NIGAM LTD, with its registered office at Mahanagar Door Sanchar Sadan, 5th Floor,9,CGO Complex, Lodhi Road, New Delhi -11 00 03, (hereinafter called and assignees) of the one part and M/s……………… hereinafter called the “RECEIVING PARTY” (which expressing shall unless excluded by or repugnant to the context include its successors and assignees on the other part). WHEREAS MAHANAGAR TELEPHONE NIGAM LTD accepted the tender of M/s……………… hereafter called the contractor to execute the work of MAHANAGAR TELEPHONE NIGAM LTD as per letter conveyed vide MTNL letter No………………………………………..dated ……………….. (here in after referred to as the „DISCLOSING PARTY”) for the term of contract………………….. for the period of One year, extendable by One more year at the discretion of MTNL.

WHEREAS, the DISCLOSING PARTY invited tenders for Scanning, cropping,

indexing, data entry & unloading of scanned images of customer applications

forms (CAF) with supporting documents. (hereinafter called the “Services”)

and whereas the said RECEIVING PARTY, having represented to the

Employer that it has the required professional skills, and personnel and

technical resources and submitted tender for the aid work. Whereas such

tender has been accepted and in connection with the execution of the said

work, confidential information of the DISCLOSING PARTY may become

available to the RECEIVING PARTY.

WHEREAS, the DISCLOSING PARTY desires to prevent the unauthorized

use and disclosure of its confidential information and the RECEIVING PARTY

agrees to prevent such unauthorized use.

NOW THEREFORE, in consideration of these premises and for other good

and valuable consideration, receipt of which is hereby acknowledged, both the

parties agree as follows:

I. “Confidential Information”: For purposes of this Agreement,

Confidential Information shall mean information relating to residents

and all other information which may be disclosed by one Party or to



which the other Party may be provided access by the disclosing party

or others in accordance with this Agreement, or which is generated as

a result of, incidental to or in connection with the execution of the

work, which is not generally available to the public.

II. Non-disclosure Obligations: The Receiving Party promises and

agrees to receive and hold the Confidential Information in confidence.

Without limiting the generality of the foregoing, he Receiving Party

further promises and agrees:

A. To protect and safeguard the confidential information against

unauthorized use, publication or disclosure;

B. Not to use any of the confidential information except for the

execution of the work.

C. Not to directly or indirectly, in any way, reveal, report, publish,

disclose, transfer or otherwise use any of the confidential

information.

D. To restrict access to the confidential information to those of it is

officers, directors, and employees who clearly need such access

to carry out the work.

E. To advise each of the persons to whom it provides access to

any of the confidential information, that such persons are strictly

prohibited from making any use, publishing or otherwise

disclosing to others, or permitting others, to use for their benefit

or to the detriment of the disclosing party, any of the confidential

information, and upon request of the disclosing party, to provide

the disclosing party with a copy of a written agreement to that

effect signed by such persons.

III. Return of Confidential Information : The Receiving Party agrees,

upon termination of the Services or upon the written request of the

other Party, whichever is earlier, to promptly deliver to the other Party

ail records, notes, and other written, printed, or tangible materials in the

possession of the Receiving Party, embodying or pertaining to the

confidential information.



IV. No Right to Confidential Information: The receiving party hereby

agrees and acknowledges that no permission, either express or

implied, is hereby granted to the receiving party by the other Party to

use any of the confidential information.

V. Losses: The Receiving Party agrees to indemnify the other Party

against any and all losses, damages, claims, or expenses incurred or

suffered by the other Party as a result of the Receiving Party‟s breach

of this Agreement.

VI. Communication: The two parties agree that the communication

between the parties is considered delivered and reached other party if

transmitted by fax or electronic means with proof of sending machine.

The date of receiving the messages, notices or letters is the date of

sending authenticated by the sending machine. All notices under this

Agreement shall be deemed to have been duly given upon the mailing

of the notice, postpaid to the addresses listed above, or upon the

facsimile transmission, to the party entitled to such notice at the

facsimile number set forth below.

VII. Term and Termination: This Agreement shall commence on the date

first written above. The receiving party‟s right to use the confidential

information in connection with the execution of work shall continue in

effect until the period of one year from the date above or the other

party provides the receiving party with written notice of termination of

such right, whichever is earlier.

VIII. Remedies: The receiving party understands and acknowledges that

any disclosure of misappropriation of any of the confidential

information in violation of this agreement may cause the disclosing

party irreparable harm, the amount of which may be difficult to

ascertain and, therefore agrees that the disclosing party shall have the

right to apply to a court of competent jurisdiction for an order

restraining any such further disclosure or misappropriation and for such

other relief as the disclosing party shall deem appropriate. Such right of

the disclosing party shall be in addition to remedies otherwise available

to the disclosing party at law or in equity.



IX. Entire Agreement: This Agreement embodies the entire

understanding between the parties expecting the subject matter of this

agreement and supersedes any and all prior negotiations,

correspondence, understandings and agreements between the parties

respecting the subject matter of this agreement. This agreement shall

not e modified except by a writing duly executed on behalf of the party

against whom such modifications sought to be enforced. Should any

provisions of this agreement be found unenforceable, the remainder

shall still be in effect.

X. No Waiver: The failure of either party to require performance by the

other party of any provision of this agreement shall in no way effect the

full right to require such performance at any time thereafter.

XI. Successors and Assigns: neither shall any party have any right to

assign it rights under this agreement, whether expressly or by

operation of law, without the written consent of the other party. This

agreement and the party‟s obligations hereunder shall be binding on

their representatives, permitted assigns, and successors of other

parties, and shall ensure to the benefit of representatives, assigns and

successors of the parties.

XII. Governing Law: This agreement shall be governed by and construed

in accordance with the laws of India.

XIII. Attorney’s Fees: If any action at law or in equity is brought to enforce

or interpret the provisions of this Agreement, the prevailing party in

such action shall be entitled to attorney‟s fees.

XIV. Modification: This agreement constitutes the sole understanding of

the parties about this subject matter and may not be amended or

modified except in writing signed by each of the parties to the

Agreement.

Dated this _____________ day of ______________, 2014.



ANNEXURE - H

LETTER OF AUTHORISATION FOR ATTENDING BID OPENING

To The Sr.Manager (Sales) CAF , MAHANAGAR TELEPHONE NIGAM LIMITED, ……………… …………….. Subject :Authorisation for attending bid opening on _____________ (date) 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 Signatures

I. II Alternate Representative Signatures of bidder or Officer authorized 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. Alternate representative will be permitted when regular representatives are not able to attend.

2. Permission for entry to the hall where bids are opened, may be refused in case authorization as prescribed above is not submitted.

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