providing 4.5 meter gi pipe pole for gsm antenna hoisting

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

LIMITED TENDER DOCUMENT

FOR

Providing 4.5 Meter GI pipe Pole for GSM antenna hoisting at the roof top of multi storey buildings in

ERNAKULAM BA

Tender No. MP_ENK /_NIT/ POLE ERECTION/ 2018-2019/ 7, Dtd 12-9-2018

Phone:0484-2377778

(Visit us at www. keralatelecom.com)

1

Signature of the bidder

TABLE OF CONTENTS

Section Title Page No. I NOTICE INVITING TENDER 2-3 II TENDER INFORMATION 04 III GENERAL SCOPE OF WORK 05-07 III-PART B SCHEDULE OF REQUIREMENT 08 IV GENERALTERMS AND CONDITIONS 09-24 V SPECIAL CONDITIONS OF CONTRACT 25-27 VI UNDERTAKING AND DECLARATION 28 VII LETTER OF AUTHORISATION FOR ATTENDING BID OPENING 29 VIII MANDATE FORM FOR ELECTRONIC FUNDTRANSFER OF PAYMENTS 30 IX TENDERER’S PROFILE 31 X BID FORM 32 XI CERTIFICATE OF NO NEAR RELATIVES IN BSNL 33 XII CERTIFICATE ON INTERNET DOWNLOADING 34 XIII EMD REFUND-ADVANCE STAMPED RECEIPT 35 XIV POWER OF ATTORNEY 36 XV AGREEMENT FORMAT 37-38 XVI FINANCIAL BID 39 XVII RATE SCHEDULE FORMAT 40 XVIII VENDOR MASTER FORM 41-42 XIX GST DATA FORM 43-44

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

OFFICE OF THE PRINCIPAL GENERAL MANAGER TELECOM BSNL, ERNAKULAM - 682016

NOTICE INVITING LIMITED TENDER

SECTION I

WAX/PVC Tape Sealed limited tenders in the prescribed form are invited by Principal

General Manager, Bharath Sanchar Nigam Limited, Ernakulam from Well reputed and

experienced agencies/ Partnership firms/Sole proprietary firms/reputed and experienced

contractors/suppliers rending tendered services to BSNL/MTNL or any other Telecom

Service Providers in India for the erection of 4.5 Meter GI pipe Poles and antenna hoisting at

the roof top of multi storey building , at different locations in Ernakulam BA. Those who are having experience in similar works and having PAN and registered under GST are eligible for participating in this tender Schedule to the invitation of tender

1. Tender Number : Tender No. MP_ENK /_NIT/ POLE ERECTION/ 2018-2019/ 7, Dtd

12-9-2018 2. Description of work : Providing 4.5 Meter pole s(2 and 1/2 inches diameter 4.5 Meter length

GI pipe) and antenna hoisting and allied works at the roof top of multi storey building in different locations of Ernakulam BA

3. Details of work

Sl.No.

Description of work

Approximate

quantity

Estimated cost of work

(Rs.)

EMD (Rs)

1

Providing 4.5 Meter poles(2 and 1/2 inches diameter

4.5 Meter length GI pipe) antenna hoisting and allied

works in the roof top of multi storey building , in different locations of Ernakulam BA.

42 1,89,000/- 4,725/-

Note 1.BSNL shall have the right to increase or decrease the quantum of work up to 25% of the total requirement . Period of Contract : One Year from the date of agreement . However BSNL reserves the right to extend the tender for further one year under the same terms and conditions that is

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prevailing at the time of award of contract or during the operation of contract.

4. Cost of Tender Form : Rs.500/- +18% GST( = Rs.590/- ) 5.Sale of Tender Form : On all working days between 10.00 hrs and 16.00 hrs from 12-9-

2018 to 22-09-2018 from AGM (MP), O/o PGMT, BSNL, Ravi Vihar Building, Ernakulam-682016

6.Last date of acceptance of Tenders : Up to 11.00 hrs on 24.09.2018 7.Date and time of opening of tenders : 11.30 hrs on 24.09.2018 8.Duration of contract One year from the date of execution of agreement

However BSNL reserves the right to extend the tender for further one year under the same terms and conditions that is prevailing at the time of award of contract or during the operation of contract.

In case the above dates happen to be holiday, it will be postponed to the next working day at the same time.

Tender documents can be obtained from AGM (MP), O/o PGMT, BSNL, Ravi Vihar Building, Ernakulam-682016

on all working days between 10.00 hrs and 16.00 hrs from 12-9-2018 to 22-09-2018 on production of receipt

for Rs.590/- ( Rupees five hundred and ninety only) and can also be downloaded from the site

www.keralatelecom.com. The cost of tender documents may be paid either in cash at the cash counter of this

office up to 1300 hrs on all working days up to 22-09-2018 or in the form of crossed DD from any

nationalized/scheduled bank payable at Ernakulam, drawn in favour of Accounts Officer (Cash),O/o the PGMT,

BSNL, Ernakulam. The tender documents shall be issued to MSME bidders free of cost provided the tendered

items are listed in the Registration Certificate of MSME.

The MSE units registered with the designated MSME bodies , like National Small Industries Corporation (NSIC) etc shall be given exemption from payment of Bid Security deposit, provided the tendered items are listed in the Registration Certificate of MSME.

A proof regarding current registration with the designated MSME bodies , like District Industries Centers or with National Small Industries Corporation (NSIC) for the tendered items will have to be attached along with the bid.

The enlistment certificate issued by bodies registered under MSME like District Industries Centers or National Small Industries Corporation (NSIC), should be current and valid on the date of opening of bid.

Tender document can also be downloaded from website of Kerala Telecommunication

www.keralatelecom.com and in that case cost of tender form should be attached to tender documents in the

form of DD drawn in favour of AO(Cash) O/o PGMT, BSNL, Ernakulam payable at Ernakulam or receipt for Rs.590/- ( Five Hundred & Ninety Only) . Bidders have to deposit EMD as specified in clause 3 of Section 1

along with the bid and the payment will be accepted in the form of crossed demand draft drawn on any

nationalized/scheduled bank payable at Ernakulam in favour of Accounts officer (Cash), O/o PGMT BSNL

Ernakulam. Tender document down loaded from www. keralatelecom.com with necessary bid security and

cost of document through separately drawn DDs as mentioned above will be accepted.

Assistant General Manager (Mobile Planning.)

O/o PGMT BSNL, Ernakulam-682016 TEL No.0484-2377778

http://www.keralatelecom.com/

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SECTION -II

Tender information

Type of tender:

1. Bid for each tender should be submitted in two envelopes placed inside the main cover. These envelopes should contain the following:

(a) The first envelope named “Technical Bid” should contain the bid security in the form of DD, cost of tender document ( either DD or cash receipt) and all the bid documents as per Clause 8 of Section IV except financial bid.

(b) The second envelope named “:Financial Bid” should contain the financial bid as per Section XVII duly filled and signed.

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

3. The envelope must bear the following:

Erection of 4.5 Meter poles(2 and 1/2 inches diameter 4.5 Meter GI pipe) for antenna

hoisting at the roof top of multi storey building , at different locations in Ernakulam BA


“NOT TO OPEN BEFORE - 11.30 hours on 24-9-2018

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SECTION III

GENERAL SCOPE OF THE WORK


Limited tender for the erection of 4.5 Meter poles(2 and 1/2 inches diameter 4.5 Meter GI

pipe) for antenna hoisting at the roof top of multi storey building , at different locations in

Ernakulam BA. 1.General Scope of Work:

1.1 The tendered work involves erection of 4.5 Meter poles(2 and 1/2 inches diameter 4.5

Meter GI pipe) for antenna hoisting at the roof top of multi storey building , in different

locations of Ernakulam BA , transportation and handling of materials including material cost,

construction of RCC foundation, welding, etc. Also hoisting of antenna and allied works for

which material will be supplied by BSNL.

1.2 Loading and transportation of materials (4.5 Meter poles(2 and 1/2 inches diameter 4.5 Meter GI pipe)) from BSNL store location to the proposed sites, located in different parts of Ernakulam BA , unloading and moving to the point of work. 1.3 Construction of RCC foundation of size Approx: 60cm*60cm*50cm on the roof top of multi storey buildings and erection of poles as directed by the SDE / DE BSS in charge of the site. 1.4 Erection of 4.5 Meter poles on roof top of multi storey building including lifting up to required levels with necessary tools and plants required and necessary welding of broken members if any, straightening of bends,. as directed by the Engineer-in-charge of BSNL 2. The availability of stores

Poles will be supplied by BSNL and the contractor/bidder is required to transport the poles from various store locations in Ernakulam BA to individual locations for installation at his own cost. All other construction materials like sand, brick, cement, welding machine and other accessories etc are to be arranged by the contractor/bidder.

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3. TIME ALLOTTED FOR THE WORK

The work should be commenced and should be completed as per the instruction in the work order issued by concerned DE BSS.

4. CONSTRUCTION SPECIFICATION GENERAL CONDITIONS 4.1 All the tools and construction materials except 4.5 meter pole( which will be arranged by BSNL) should be got arranged and transported to different locations by the contractor/bidder at his own cost . 4.2 The responsibility of getting the stores to the work place and returning unused/recovered stores back to store lies with the contractor. Any loss or damage to BSNL as a result of non-observance of Government rules and regulations during the execution of the contract should be compensated by the contractor within the stipulated time. 4.3 Transportation of Stores 4.3.1 Transportation of the stores from the BSNL store to the BTS site for installation is to be carried out by the contractor/vendor.

4.3.2 The check post related charges, if any, to be borne by the contractor/vendor.

The required documents shall be provided by BSNL in such cases.

4.3.3 The contractor/ Vendor has to remove all unwanted materials from the site

after completion of work at his own cost.

4.4 Handing Over of completed Works The works ordered on the contractor/supplier shall be completed within the time prescribed and the same shall be handed over to the SDE-in-charge of the site duly recording the date of such completion. The date thus recorded will be taken for calculation of any delay incurred for the purpose of calculation of penalties/Liquidated Damages as applicable as per the relevant terms and conditions.

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4.4 Acceptance Testing

4.4.1 The acceptance testing will not be the responsibility of the contractor/supplier. The same will

be undertaken by BSNL, but all the required manual assistance at the site shall be provided by

the contractor if the acceptance testing is carried out within three months of handing over of

the completed works to BSNL.

4.4.2 The contractor will be eligible to claim his final milestone payment after the successful

completion of Acceptance testing of the installed equipment or Six months from the date of

successful completion of the specified work(s), whichever is earlier. If the AT process is

delayed due to the vendor/contractor reasons then final payment shall be released after

successful completion of the specified scope of the contractor and after getting a certificate

from concerned DE BSS stating that “No Contractual Obligation pending”” from the part of

Contractor.

4.4.3 Any defect observed during the acceptance testing by BSNL

which is attributable to the works carried out by the contractor/supplier shall be rectified

by the contractor/supplier at no extra cost to BSNL.

4.5 Calculation of penalties against delay in execution of works 4.5.1 The work should be commenced and completed as per the time frame shown in the

work order issued by DE BSSs . Any delay, calculated based on the date of issue of work

order, initial start up time allowed, duration allowed for execution and date of acceptance of

handing over memo by the site-in-charge will be considered for calculation of liquidated

damage as per the rates stated at Section-V clause 30 against the amount payable for all the

works at that site.

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SECTION-III Part B

SCHEDULE OF REQUIREMENTS (SoR)

SL. No Nature of work UNIT Approximate

Quantity

1

Providing 4.5 Meter poles, antenna hoisting and allied works at the roof top of multi storey building , at different

locations in Ernakulam BA

Number 42

1 The quantity /no. /sites stated in SoR are estimated only and BSNL reserves the right to vary

the quantity to the extent of -25 % to +25 % of specified quantity at the time of award of the

contract i.e. APO or during the currency of the contract without any change in unit price or other

terms & conditions. 2 BSNL Reserves the right for placement of additional order or up to 25% of the additional

quantities of goods and services contained in the running tender / contract within a period of

twelve months from the date of acceptance of APO in the tender at the same rate or a rate

negotiated (downwardly) with the existing vender considering the reasonability of rates based

on prevailing market conditions and the impact of reduction in duties and taxes etc and supplies

to be obtained within delivery period scheduled afresh. Period of Contract : One Year from the date of agreement . However BSNL reserves the right to extend the tender for further one year under the same terms and conditions that is prevailing at the time of award of contract or during the operation of contract.

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SECTION IV

GENERAL TERMS AND CONDITION OF CONTRACT

1.Tender should be addressed to AGM(Mobile Planning),O/o PGMT,BSNL, Ravi Vihar Building, Ernakulam-682016 and should reach him on or before 11.00 hrs 22-9-2018. Envelope containing the Tender should be properly sealed with sealing wax or packing pro-tape and super scribed as Erection of 4.5 Meter poles(2 and 1/2 inches diameter 4.5 Meter GI pipe) and antenna hoisting and allied works at the roof top of multi storey building , at different locations in Ernakulam BA

2.Tenders can either be sent by registered post with acknowledgement due or can be deposited in the box provided for the purpose in the office of AGM(Mobile Planning),O/o PGMT, BSNL, Ravi Vihar Building, Ernakulam-682016. No separate acknowledgement will be given. BSNL will not be responsible for any delay in transit of tender sent by post or any other means. 3.Bid SecurityEMD): The bidders have to submit Bid Security (EMD) for an amount of Rs.4,725/- (Rupees Four Thousand Seven Hundred & Twenty Five Only) as shown in NIT in the form of Crossed DD drawn in favour of the Accounts Officer (Cash), O/o PGMT, BSNL, Ernakulam obtained from any Scheduled / Nationalised bank and payable at Ernakulam with the tender document. Those bids which are not accompanied with the EMD are liable to be rejected. The EMD of unsuccessful bidders will be refunded only after starting of the work/supply by the successful/selected bidder. EMD will not bear any interest. The bidder will have to submit an advance stamped receipt in the prescribed format as per section XIII, of the tender document. EMD of the successful tender will be converted as security deposit. EMD will be refunded if the successful bidder furnish DD/bank guarantee for total amount of SD

4.Eligibility Criteria: The eligible bidder

(a) Intending bidders should be Well reputed and experienced agencies/ Partnership

firms/Sole proprietary firms/reputed and experienced contractors/suppliers rending

/tendered services to BSNL/MTNL or any other Telecom Service Providers in India

(Proof Should be attached).

(b) The bidder should have skilled workforce to carry out the installation and

commissioning of various capacity power plants.

(c) Bidder should have successfully executed similar /related works with any of the Telecom service provider/Telecom Infra Provider at least for two years during any of the previous five years with effect from 01.04.2013. The documentary proof in original for this shall be submitted by the bidder, signed by the authorized signatory of the company. In the case of BSNL, the certificate shall be obtained from an officer not below the rank of DE/AGM

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(d) The bidders shall submit necessary documentary proof showing that they meet the eligibility criteria along with their tender bid. All documents submitted will also be self-attested by the bidder.

(e) Should submit the copies of Valid Goods and Services Tax Registration Certificate

No (s) and PAN.

(f) The Bidder should not have been black-listed by central/ state governments/PSUs. A self declaration may be submitted along with the bid document.

4. 1Eligibility Conditions: Kindly refer to Section I

4.2List of Documents for eligibility requirement as mentioned in clause8 ( 8.1 to 8.21)of this document. 5.Cost of bidding The bidder shall bear all costs associated with the preparation and submission of the bid.BSNL will, in no case, be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process. 6.Amendment of Bid document: At any time prior to the date of submission of bids, BSNL may, for any reason whether at its own initiative or in response to a clarification requested by a prospective bidder, modify the bid documents by amendment. 7.Documents comprising the bid 7.1The bid prepared by the bidder shall ensure availability of the following components

i. Documentary evidence establishing that the bidder is eligible to bid and is qualified to perform the contract if its bid is accepted in accordance with clause 4 & 8

ii. Bid security furnished in accordance with clause 3 iii. Rate schedule completed in accordance with clause 13 & 14.

7.2 The Bidder is expected to examine all instructions, forms, terms and specifications in the Bid documents. Failure to furnish all information required as per the Bid Documents or submission ofbids not substantially responsive to the Bid Documents in every respect will be at the bidder’s riskand may result in rejection of the bid.

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8.The bidder should submit the following documents along with the Technical Bid.

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

8.2.EMD in accordance with clause 3.(Tenderers claiming exemption from payment of cost of Tender Form and EMD against having valid NSIC certificate shall attach sufficient proof thereof, along with tender. The monetary limit in NSIC certificate should cover the estimate cost of the Tender)

8.3.Tender document(s) in original, duly filled in and signed by bidder or his authorized representative along with seal on each page. All corrections and overwriting must be initialed with date by the bidder or his authorised representative.

8.4.Certificate showing fulfillment of eligibility criteria of having experience in the above field. 8.5.Self Attested Copy of PAN

8.6. Article of Association, Memorandum of Association, partnership deed or proprietorship deed as the casemay be wherever required. ( self attested copy to be attached)

8.7Should have well established office with contact No. and address and should be mentioned in the Tender

form.

8.8. Certificate of incorporation /Registration wherever applicable(Self attested copy to be attached) 8.9.The authorization of the competent authority for signing the tender document, bid

agreement etc. if applicable

8.10. Undertaking & Declaration: ( Section VI) 8.11. Near Relative Certificate ( SectionXI) 8.12. Authorisation for attending the bid opening ( SectionVII) 8.13. Tenderer”s profile (Section IX) 8.14. Bid Form ( Section X) 8.15. Tender form Downloaded from Web ( Section XII) 8.16. Refund for EMD ( Section XIII) 8.17. From for electronic fund transfer of Payment ( SectionVII) 8.18. Vendor Master Form ( Section XVIII) 8.19 Self certificate regarding non black listed by BSNL/ other PSU 8.20 Sef attested copy of GST registration certificate 8.21 GST data form duly filled

Original copies of the above documents should be submitted for verification as and when demanded by BSNL

9.Performance Security deposit 9.1. 5% of the total estimated amount is to be deposited by the successful bidder at the concerned unit before signing of the agreement as security deposit. EMD remitted by the tenderer will be converted into performance security deposit and balance only need to be paid, All contractors including MSMEs who are registered with the designated MSME bodies, like National Small Scale Industries Corporation etc. shall furnish performance security to the BSNLfor an amount equal to 5% of the total estimated cost.

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9.2 The security deposit can be remitted by demand draft drawn in favour of the Accounts Officer(Cash)BSNL,O/o PGMT, Ernakulam and payable at Ernakulam. EMD remitted by the successful bidder can be adjusted against the Security deposit. The security deposit will be refunded after six months from the date of payment of the final bill during the contract period/extended period on receipt of no liability certificate from concerned DE BSSs and after meeting all contractual obligations.

9.3. EMD and Security Deposit will not bear any interest. 10. Period of bid validity: The tender will remain open for acceptance up to 180days from the date of opening of the tender. In exceptional circumstances, the customer may request the bidder’s consent for an extension to the period of bid validity. The request and response thereto shall be made in writing. The period of discharge of EMD provided under clause 7 shall also be accordingly extended. A bidder accepting the request of period extension of the validity of bid will not be permitted to modify any of the terms and conditions of the bid. 11.Format and signing of Bid: 11.1All pages of the bid shall be signed by the authorised signatory. The bid submitted shall be properly sealed. 11.2.Corrections/Alteration: Each correction/alteration in the bid document has to be necessarily authenticated by the authorized representative of the bidder. 11.3 Complete document of bid in original duly filled and signed by the authorized representative of the bidder, on each page of the document, has to be submitted as bid document in accordance with the instructions given under the submission of bid. 12.Power of Attorney: 12.1 The power of attorney should be submitted and executed on the non-judicial stamp paper of appropriate value as prevailing in the respective states and the same may be attested by a Notary Public or registered before Sub-Registrar of the state(s) concerned as per Section XIV. 12.2 The power of Attorney be executed by a person who has been authorized by the Board of Directors of the bidder in this regard, on behalf of the Company/institution/body corporate. 12.3 In case of the bidder being a partnership firm, the said Power of attorney should be executed by all the partner(s) in favour of the said Attorney. 13.The rate quoted shall be inclusive of any levies and taxes but exclusive of GST, if applicable, and in such cases the GST registration number shall be furnished on invoices. 14.The rate should be quoted in the Rate schedule proforma attached along with the tender document(Section XVII), in figures and in words in English.If there is a discrepancy between words and figures,the amount in words shall prevail. No overwriting is allowed. 15.Submission of bids 15.1Bids must be submitted by the bidders on or before the specified date & time indicated in clause 6 of section I. 15.2 The BSNL may, at its discretion extend this deadline for the submission of the bids by amending the bid documents in accordance with Clause 6 of Section IV. In such case all rights and obligations of BSNL and bidders previously subject to the deadline will thereafter be subject to the deadline as extended.

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16. LATE BIDS: Any bid received by BSNL after the deadline for submission of bids prescribed by BSNL pursuant to Clause15 shall be rejected and returned to the bidder unopened. 17.MODIFICATION AND WITHDRAWAL OF BIDS: 17.1 The bidder may modify or withdraw his bid after submission provided that the written notice of the modification or withdrawal is received by BSNL prior to the deadline prescribed for submission of bids.The latest dated modifications of the bidder or the withdrawal notice will be taken as final. 17.2 The bidder's modification or withdrawal notice shall be prepared, sealed, marked and despatched as required in the case of bid submission in accordance with the provision of clause 18. A withdrawal notice may also be sent by Fax / email, but followed by a signed confirmation copy by post, marked not later than the deadline for submission of bids. 17.3 Subject to clause 19, no bid shall be modified subsequent to the deadline for submission of bids. 18.BID OPENING AND EVALUATION Opening of bids: 18.1 BSNL shall open the bids on the date and time mentioned in the NIT or on the adjourned date as may be notified later, in the presence of bidders or their authorized representatives who choose to attend, at due time on due date in the chamber of AGM (MobPlg)O/o PGMT, Ravi Vihar Building, BSNL, Ernakulam or any other office authorized for the purpose by PRINCIPAL GENERAL MANAGER Telecom, BSNL, Ernakulam. The bidder’s representatives, who are present, shall sign in an attendance register. Authority letter to this effect shall be submitted by the bidders before they are allowed to participate in bid opening (Format is given in sectionVII). 18.2 A maximum of two representatives for any bidder shall be authorized and permitted to attend the bid opening. 18.3 BSNL shall examine the bids to determine whether these are complete and are generally in order,without computational errors,with required enclosures and appropriate documents. 18.4 The Bidder's name, Bid prices, modifications, bid withdrawals and such other details as thepurchaser, at its discretion, may consider appropriate; will be announced at the opening. 18.5 The date fixed for opening of bids, if subsequently declared as holiday by the BSNL, the revised date of schedule will be notified. However, in absence of such notification, the bids will be opened in the next working day, time and venue remaining unaltered. 19 Tender Evaluation

The tenders will be evaluated by a committee appointed by Principal General Manager

Telecom, BSNL, Ernakulam. The tender evaluation will be done in two parts (a) Technical

Evaluation and (b) Financial evaluation.

The PGMT, BSNL, Ernakulam 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 the bidder.

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(a) Technical evaluation The purchaser shall open the sealed tender documents for evaluation at the specified date and time. Maximum of two representatives per bidder are permitted to attend the bid opening. The purchaser or the representative appointed for the purpose shall open the main cover of the bids to determine whether they are complete in every respect of tender cost receipt/DD, EMD or NSIC certificates and two sealed covers (Technical bid and Financial bid). The purchaser reserves the right to waive irregularities, which are minor in nature. Bids without correct EMD /certificates and above documents shall be rejected as non-responsive bid. The technical Bid shall be opened first. Those who are qualifying the required technical requirements verified by the technical committee, only will be considered for financial bid and the financial bid shall be opened on another sitting, the date and time of which shall be intimated to the eligible participants. b). Financial Evaluation Those tenders meeting the required technical conditions and accepted by the technical committee only will be taken for opening financial bid. . Evaluation of Tender will be done on the basis of the lowest total amount quoted by eligible Tenderers. BSNL reserves the right to negotiate specifications, prices during evaluation if found necessary. Preference will be given to those tenderer who are experienced more, when the rate quoted is equal. The BSNL shall select optimum bidder on the basis of bid price. BSNL will have the full right to reject any or all the tenders and financial bids without assigning any reason whatsoever and are not bound to accept the lowest tender. d) CLARIFICATION OF BIDS FROM BIDDERS: To assist in the examination, evaluation and comparison of bids, BSNL may, at its discretion ask the bidder for the clarification of its bid. The request for clarification and the response shall be in writing. However, no post bid clarification at the initiative of the bidder shall be entertained. 20. PRELIMINARY EVALUATION: 20.1 BSNL shall evaluate the bids to determine whether they are complete, whether any computational errors have been made, whether required sureties have been furnished, whether the documents have been properly signed and whether the bids are generally in order. 20.2 If there is a discrepancy between the words and figures, the amount in words shall prevail. If the bidder does not accept the correction of the errors, his bid shall be rejected. 20.3 Prior to the detailed evaluation, pursuant to clause 22, the BSNL will determine the substantial responsiveness of each bid to the Bid documents. For purposes of these clauses, a substantially responsive bid is one which conforms, to all the terms and conditions of the Bid Documents without material deviations. BSNL's determination of bid's responsiveness is to be based on the contents of the bid itself without recourse to extrinsic evidence. 20.4 A bid determined as substantially non-responsive will be rejected by BSNL and shall not subsequent to the bid opening be made responsive by the bidder by correction of the non-conformity.

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21. Waiving of minor infirmity 21.1 The BSNL may waive any minor infirmity or non-conformity or irregularity in a bid which does not constitute a material deviation, provided such waiver does not prejudice or affect the relative ranking of any bidder. 22 Evaluation of substantially responsive Bids: The BSNL shall examine the bids to determine whether these are complete and are generally in order,without computational errors,with required enclosures and appropriate documents.

23.Evaluation Criterion 23.1 Evaluation will be made on the basis of amount quoted per pole, but excluding GST. 23.2. It may be noted that the methodology given in clause 23.1 is applicable only for the purpose of evaluation of bids and shall have no bearing on actual quantity of work/total payment to be made for the work to be carried out.

23.3 The L-1 bidder with the lowest aggregate will be considered

24. Award of Contract 24.1. BSNL will consider issue of Letter of Intent (LOI) to the lowest bidder amongst those who meets the eligibility requirements as mentioned in Clause 4 and agreeable to all terms and conditions. The bidder shall within10 days of issue of LOI give its acceptance andfurnish security deposit as mentioned in clause 9 and sign the contract with BSNL. The signing of contract shall constitute the award of the contract to bidder. 24.2.The successful bidder shall enter into contract and execute agreement, based on the terms and conditions of the bid document. The agreement as per Section –XV, shall be executed in non judicial stamp paper of Rupees 200.00. The cost of the stamp paper shall be borne by the bidder. 24.3 After award of contract to the approved bidder the officer designated by the BA head/competent authority shall issue the work orders for commencement of the work. 24.4 Rate fixed , terms and conditions of this tender etc. shall be valid in full, throughout the contract period and also during the extended period if any. The above contract shall be signed between AGM(MP), O/o PGMT BSNL Ernakulam and the chosen contractor. The signing of agreement shall constitute the award of contract of the bidder. 24.5 Issue of work order: After award of contract to the approved bidder the officer designated by the BA head/competent authority (concerned DE BSS) shall issue the work orders for commencement of the work. The time allowed for commencement, completion of work etc will be specified in the work order issued by the DE BSS.

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24.6 If the work is not completed within the time specified in the work order, [email protected]% per week or part thereof for the first ten weeks and 0.7% per week or part thereof for the next ten weeks subject to a maximum of 12% will be levied. If the work is not carried out within 20 weeks of work order the work order will be treated as cancelled and EMD and SD will be forfeited without any notice. 25. Right to vary quantum of work BSNL shall have the right to increase or decrease the quantum of work upto 25% of the total requirement without any change in the rate or other terms and conditions at the time of award of contract or during the operation of contract. 26. BSNL'S RIGHT TO EXTEND TIME OF AWARD: The BSNL reserves the right to extend the contract period further for a period of one more year to the same bidders after the expiry of the initial contract period on the same rates as applicable to initial contract period with the applicability of all terms and conditions as mentioned in this bid document. 27. BSNL's right to accept any bid and to reject any or all bids: The BSNL reserves all rights to accept or reject wholly or partially any or all bids, at any time prior to award of contract without assigning any reasons and without incurring any liability of BSNL’s action on the above grounds, to the affected bidder(s). The decision of PGMT BSNL Ernakulam shall be final in this regard. 28. Near relatives of BSNL Employees / deputation to BSNL are prohibited from participating in tenders in different units of BSNL.The near relatives for this purpose means

a. Members of Hindu Undivided family, b. Husband and wife. c. The one is related to the other in the manner as father, mother, sons, daughters, daughters- in- law, sons-in-law, brother, brother’s wife, sister, sister’s husband.

A certificate to this effect be given in the prescribed format enclosed.(Section XI) 29.TERMINATION OF CONTRACT: 29.1. The Principal General Manager, BSNL, Ernakulam reserves the right to terminate the contract by giving notice of 15 days in writing without assigning any reason,thereof. The period of 15 days will count from the date of despatch of the notice. The BSNL shall not be liable for payment of any compensation for any loss that the contractor may be put to or alleged to be put to on account of such termination.

29.2. The PRINCIPAL GENERAL MANAGER Telecom, BSNL Ernakulam reserves the right to terminate the contract and to forfeit the Security Deposit of the contractor in the following reasons. (i) In case the Contractor fails to carry out the work within the time stipulated in the work order

mailto:[email protected]%25

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(ii). If the works of the contractor is found unsatisfactory /sub standard/ violation of any or all terms and conditions of this tender shall lead to termination of contract.

30.Clause by Clause Compliance: All the conditions in the bid documents are critical and are to be complied and non-compliance of any clause of the bid document shall result in outright rejection of the bid.

31. The bidder is being permitted to give tenders in consideration of the stipulations on his part that after submitting his tenders, he will not resile from his offer or modify the terms and conditions thereof. If the bidder fails to observe and comply with the foregoing stipulation the aforesaid amount of EMD will be forfeited. In the event of the offer made by the bidder not being accepted, the amount of earnest money deposited by the bidder will be refunded to him after he has applied for the same, in the manner prescribed by BSNL, after finalization of the contract. 32. The sections of the tender form should be returned intact and pages should not be detached. Overwriting/erasing in rates to be quoted by the bidder will not be allowed otherwise the tenders may be rejected.

33. The tenders are liable to be ignored if complete information as required is not given therein or if the particulars asked for in the sections to the tenders is not fully filled in.

34. If the bidder does not accept the offer, after issue of letter of award by BSNL within 10 days, the offer made shall be deemed to be withdrawn without any notice & earnest money will be forfeited.

35..In case of partnership firms, where no authority has been given to any partner to execute the contract/agreement concerning the business of the partnership, the tenders and all other related documents must be signed by every partner of the firm .A person signing the tender form or any other documents forming part of the contract on behalf of another shall be deemed to warranty that he has authority to bind such other and if,on enquiry it appears that the persons so signing had no authority to do so,BSNL shall without prejudice to other civil and criminal remedies cancel the contract and hold the signatory liable for all costs and damages. Each page of the tenders and the sections to the tenders and annexures, if any should be signed by the bidder.

36. The rates quoted by each firm for providing services under work contract in tenders are to be given both in words and figures failing which the same is liable to be rejected. Bidder is at liberty to be present or to authorise a representative to be present at the time of opening of the tenders. The authorised representative should produce letter of authorisation from the bidder for attending bid opening as per section VII.

37. BSNL Ernakulam is not bound to accept the lowest or any other tenders and also reserve to itself the right of accepting the tenders in whole or in part. Other conditional Tenders will not be accepted. 38. An amount of 5% of total estimated cost as a security deposit in the form of crossed demand draft for the contract is to be deposited by the selected agency/successful bidder only after receiving a communication from BSNL Ernakulam. In the event of non deposit of the same, the earnest money deposit will be forfeited. 39. The contractor shall pay Service tax or any other tax applicable or made applicable after awarding the contract in respect of this contract and BSNL will not entertain any claim whatsoever in this respect. (However the income tax or any other tax which is as per the rules of

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the Govt. shall be deducted at source from monthly bills of the successful bidder, as per rules/instructions made applicable from time to time by government.) 40. PGMT,BSNL, Ernakulam reserves the right to reduce or terminate the period of contract or to extend its duration in the interest of theBSNL, for any justifiable reasons, not mandatory to be communicated to the bidder. 41. Decision of the PGMT,BSNL, Ernakulam shall be final for any aspect of the contract and binding to parties. Disputes arising, if any on the contract will be settled at his/her level by mutual consultation and in case of failure of settlement dispute shall be referred to the sole arbitrator to be appointed by the PGMT,BSNL, Ernakulam. The decision of the sole Arbitrator so appointed shall be final and binding on the parties.Arbitration proceedings shall be governed by the Arbitration & Conciliation Act, 1996. 42. Acceptance of tender by the BSNL will be communicated by letter or any other form of communication. Formal letter of acceptance and work order of the Tenders will be forwarded as soon as possible, but the earlier instructions in the letters from BSNL Ernakulam should be acted upon immediately. 43 The rate should be quoted keeping in view all statutory liabilities (like minimum wages, EPF, ESI, Services Tax etc.), other factors like GST, any other taxes etc. 44..DISPUTE AND ARBITRATION:

44.1In the event of any question, dispute or difference arising under this tender or in connection thereof with exception as to matter the decision of which is specifically provided under this tender, the same shall be referred to sole arbitration of the PRINCIPAL GENERAL MANAGER Telecom, BSNL, Ernakulam or in case his designation is changed or his office is abolished then in such case to the sole arbitration of the Officer for the time being entrusted whether in addition to the functions of the PRINCIPAL GENERAL MANAGER Telecom, BSNL, Ernakulam or by whatever designation such Officers may be called (hereinafter referred to as the said officer) and if the PRINCIPAL GENERAL MANAGER Telecom or the said officer is unable or unwilling to act as such the sole arbitration some other person appointed by the PRINCIPAL GENERAL MANAGER Telecom BSNL Ernakulam or the said Officer . The agreement to appoint as Arbitrator will be in accordance with the Arbitration and Conciliation Act 1996. There will be no objection to any such appointment that the Arbitrator is BSNL Servant or that he has to deal with the matter to which the agreement relates or that in the course of his duties as BSNL servant he has expressed views on all or any of the matter under dispute. The award of the Arbitrator shall be final and binding on the parties. In the event of such Arbitrator to whom the matter is originally referred, being transferred or vacating his office or being unable to act for any reasons whatsoever, such General Manager Telecom BSNL Ernakulam or the said officer shall appoint another person to act as Arbitrator in accordance with terms of the agreement and the person so appointed shall be entitled to proceed from the stage at which it was left out by his predecessors. 44.2. The Arbitrator may from time to time with the consent of parties enlarge the time for making and publishing the award. Subject to aforesaid Arbitration and Conciliation Act 1996 and the Rules made there under, any modification thereof for the time being in force shall be deemed to apply to the Arbitration proceeding under this clause.

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44.3 The venue of the arbitration proceeding shall be the office of the PGM Telecom, BSNL, Ernakulam or such other places as the Arbitrator may decide. 45.SUBMISSION OF BILLS:

Bills in triplicate are to submitted to the concerned Sub divisional Engineer BSS/ DE BSS. PAN of the contractor, BSNL ERP Kerala Circle Vendor Code, GST Registration number of BSNL and contractor etc should invariably be written on all bills.

All invoices must be GST compliant and should indicate separately the CGST and SGST

component for availing of ITC by BSNL. No bill will be entertained without GST details. The agency has obligation to file GSTR-1 on a monthly/quarterly basis as the case

may be and shall include all the invoices raised to BSNL.

BSNL will make payment to the bidder only after the invoice is uploaded by contractor in GST outward return i.e. GSTR-1 and credit of GST is available (reflected in GSTR-2A) to BSNL. Contractor hereby agrees that it will be solely responsible for performing all compliances and making payments of GST, cess, interest, penalties or any other tax/ duty/ amount/ charge/ liability arising either out of laws/ regulations applicable in India and overseas or because of a demand/ recovery initiated by any revenue authority under laws/ regulations applicable in India or overseas

After acceptance of the contract if any or all the terms and condition(s) of the contract is / are violated, the BSNL reserves the right to terminate the contract with the forfeiture of SECURITY DEPOSIT to BSNL by giving 15 days notice. The decision of CGM, BSNL, Kerala, Thiruvananthapuram , PIN - 695033 is final in this respect.

46. PAYMENT OF BILLS: 46.1 On receipt of the bills, the SDEs concerned, should forward the bills duly passed and certified to the effect that the work has been carried out satisfactorily, through the respective DEs for arranging payment. Date of commencement and completion of work and A/T completed work should be indicated in all bills. 46.2 Payment terms: 95% payment on receipt of bills of completed works. Balance 5% payment shall be released after 1 month of acceptance testing and commissioning , on receipt of non liability certificate from concerned DE BSS. Income tax at the prevailing rates will be deducted from each bill. The payment will be made only through NEFT/RTGS. Paying Authority: Circle Settlement Cell, O/o CGMT, Trivandrum

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

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47.2.The bidder must submit the Mandate form as vendor master data (Section VIII)for transfer of payment through Electronic Clearance/Electronic Fund transfer. 47.3. Any increase in Taxes or other statutory duties / levies shall be to the contractor's account. However, the contractor shall pass on benefit of any decrease in the taxes / duties to the BSNL. 48.SET OFF: Any sum of money due and payable to bidder (including security deposit refundable to him) under this contract may be appropriated by the purchaser / BSNL or any other person or persons contracting through the BSNL and set off the same against any claim of BSNL or such other person or persons for payment of a sum of money arising out of this contract or under any other contract made by bidder with BSNL or such other person or persons contracting through the BSNL. 49. FORCE MAJEURE If any time, during the continuance of this contract, the performance in whole or in part by either party or any obligation under this contract is prevented or delayed by reason of any war, or hostility, acts of the public enemy, civil commotion sabotage, fires, floods, explosions, epidemics, quarantine restrictions, strikes, lookouts or act of God (Herein after referred to as events) provided notice of happenings, of any such eventuality is given by either party to the other within 21 days from the date of occurrence thereof, neither party shall by reason of such event be entitled to terminate this contract nor shall either party have any such claim for damages against the other in respect of such non-performance or delay in performance and work under the contract shall be resumed as soon as practicable after such event may come to an end or cease to exist, and the decision of the BSNL as to whether the work have been so resumed or not shall be final and conclusive, provided further that if the performance, in whole or part of any obligation under this contract is prevented or delayed by reason of any such event for a period exceeding 60 days either party may, at his option terminate the contract. . 50. INSOLVENCY OR DEATH OF CONTRACTOR:- In the event of the contractor being, adjudged insolvent or going voluntarily into liquidation of having received order or other order under insolvency act made against him or in the case of Company, of the passing resolution, or making of any order for winding up whether voluntarily/or otherwise, or in the event of the contractor failing to comply with any of the conditions here in specified, the PGMT ,BSNL, Ernakulam shall have the power to terminate the contract without any notice. Contractor's heirs/representatives shall, without the consent in writing of the PGMT, BSNL, Ernakulam have no right to continue to perform the duties or engagement thereof, the contractor under the contract in case of his death. i. In the event of the contractor, winding up his company on account of transfer or merger of his company with any other, the contractor shall make it one of the terms and stipulations of the contract for the transfer of his properties and business, that such other person or company, shall continue to perform the duties or engagement of the contractor under this contract and be subject to his liabilities there under. ii. Without prejudice to any of the rights or remedies under this contract, if the contractor

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dies, the PGMT, B S N L , E r n a k u la m shall have the option of terminating the contract without compensation to the contractor, which does not amount to Breach of the contract. iii. If contractor without written approval of Competent BSNL Authority assign or sublet his contract, or attempt to do so, or become insolvent or commence any insolvency proceedings or make any composition with his creditors or attempt to do so, or if any bribe gratuity, gift, loan, perquisite, reward or advantage pecuniary or otherwise, shall either directly, or indirectly, be given, premised or offered by the contractor, or any of his servants or agent to any public officer or person in the employment of Government in any way relating to the office or employment, or if any such officer or person shall become in any way directly or indirectly interested in the contract, the PGMT, B S N L , E r n a k u la m shall have power to adopt any of the courses as he may deem fit in the interest of BSNL. 1. Where the contractor is a partnership firm, the previous approval in writing of the PGMT, BSNL, Ernakulam shall be obtained before any change is made in the constitution of the firm. Where the contractor is an individual or a Hindu undivided family business concern such approval as aforesaid shall likewise be obtained before the contractor enters into any partnership agreement where under the partnership firm would have the right to carry out the work hereby undertaken by the contractor. If previous approval as aforesaid is not obtained, the contract shall be deemed to have been assigned in the contravention of terms of tender and the same & action may be taken accordingly. 51.COURT JURISDICTION: i. Any dispute arising out of the tender/bid document/evaluationof bids/issue of APO shall be subject to the jurisdiction of the competent court at Ernakulam. ii. Where a supplier has not agreed to arbitration, the dispute/claims arising out of the contract /PO entered with him shall be subject to the jurisdiction of the competent court at Ernakulam. This contract/work order is subject to the jurisdiction of court at Ernakulam.

52. GST Invoice & Compliances under Goods & Service Tax Act (GST), 2017. 52.1 Tax Clause - All taxes except CGST, SGST, UTGST and IGST if any, required to be paid on the invoices shall be borne by the Contractor 52.2 Payment terms: BSNL will make payment to the bidder only after the invoice is uploaded by contractor in GST outward return i.e. GSTR-1 and credit of GST is available (reflected in GSTR-2A) to BSNL.Contractor hereby agrees that it will be solely responsible for performing all compliances and making payments of GST, cesses, interest, penalties or any other tax/ duty/ amount/ charge/ liability arising either out of laws/ regulations applicable in India and overseas or because of a demand/ recovery initiated by any revenue authority under laws/ regulations applicable in India or overseas 52.3 GST Invoice - It shall be the responsibility of bidder to raise appropriate tax invoice as per the provisions of GST Act.. BSNL reserves the right to be indemnified for the credit loss in case BSNL is unable to claim the input tax credit for any non-compliance / default in raising appropriate invoice by Contractor. Further all invoices should be sent to BSNL promptly.

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Further the Contractor is required to comply following requirements w.r.t. issuance of invoice: • All the details of contractor (name, address, GSTIN/ unregistered vendor, place of supply, SAC/ HSN code etc.) and other mandatory details shall be mentioned on the invoice; • Invoice/DN/CN need to be issued timely within the time prescribed under GST law; • In case of any deficient supply, BSNL shall convey the same in a reasonable time to enable the Contractor to issue credit note and take tax adjustment; • It would be the responsibility of the Contractor to declare correct information on invoice and GST portal viz. the amount, the place of supply, rate of tax etc. In case, the eligibility of input tax credit is questioned or denied to BSNL on account of default by the Contractor, the same would be recovered by BSNL from the Contractor; • Registered location of the both the parties i.e. BSNL and Contractor should be mentioned in the agreement with GSTIN No. Further, Contractor should raise invoices at the registered premise of BSNL for availment of credit and ensure that the place of supply as per GST law is same as registered premise; • It shall be the responsibility of Contractor to raise invoice within the prescribed timelines; • E-waybill number should be mentioned on the invoices; A declaration by the contractor as shown below is to be attached along with each bill submitted

by the contractor.

DECLARATION

I/We hereby declare that, the Invoice No.________________ dated

____________ for Rs.__________________issued to BSNL ERNAKULAM for the

work___________________________________________________________________

__________________________________________________________

for the month of _________________has been uploaded against the GSTIN of BSNL

Number.32AABCB5576G5ZQ in the GSTIN site on __________________ and which will

not be withdrawn/modified without prior approval/consent from BSNL ERNAKULAM.

Place: Signature:

Date: Name of Agency:

(Authorised Seal)

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52.4 Indemnity It is the responsibility of the Contractor to ensure that outward supply return (GSTR-1) is filed correctly and to declare correct information on the invoice and GST portal. In case of mismatch because of vendor’s fault, prompt amendments must be made by the Contractor else Contractor shall be required to indemnify BSNL of the loss of credit due to mis-match and BSNL shall recover the said amount from the payment to the vendor. The compliances to be adhered by Contractor includes (but is not limited to) the following: (i) Uploading appropriate invoice details on the GSTN (Goods and Service Tax Network) within the stipulated time; (ii) Issuing GST compliant invoice / CN/ DN. PO issued by BSNL should be referred by Contractor for capturing information on the invoice; (iii) Acceptance of changes made by BSNL on GSTN on account of non-upload or incorrect upload of details on GSTN. Such changes w.r.t. the mis-match are required to be accepted by Contractor within the time limit prescribed under the GST law. It must be noted that in case Contractor does not accept such changes within the time limit prescribed under GST law, the loss of input tax credit (if any )would be recovered from the Contractor. BSNL reserves the right to be indemnified for the credit loss and recover the said amount from the Contractor in case BSNL is unable to claim the input tax credit for any non-compliance or default or due to lack of diligence on the part of the Contractor. Further in case any credit is not received or short credit is received or in case of any error because of which no credit is received then such equivalent amount is not liable to be paid by BSNL. Where, however the amount has already been paid by BSNL the same is liable to be recoverable or adjustable against subsequent payments 52.5 Debit/Credit Note:- The Contractor acknowledges and agrees to issue appropriate debit note/ credit note as prescribed under GST Act and send to BSNL within the prescribed time. All documents should be received well in advance so as to enable BSNL to claim proper credit. Further it shall be the responsibility of Contractor to declare the details of such credit note in the return for the month during which such credit note has been issued but not later than September following the end of the financial year in which such supply was made, or the date of furnishing of the relevant annual return BSNL reserves the right to be indemnified for the credit loss by Contractor in case BSNL is unable to claim the input tax credit for any non-compliance or default or due to lack of diligence on the part of the Contractor, whichever is earlier. 52. 6 Work Order - It is understood between the parties that Contractor shall raise invoice on the basis of work order issued by BSNL. In case of any deviation or disagreement by Contractor on place of work, billing location, HSN code/ SAC code stated on PO, it shall be the responsibility of Contractor to intimate BSNL well inadvance. Further, in case Contractor raises the invoice on an address other than agreed, it shall be the responsibility of the Contractor to modify the invoice.

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52.7 Place of supply - For the purpose of this agreement, place of supply under GST Act shall be the place of supply as determined under purchase order raised by BSNL. It shall be the responsibility of Contractor to intimate BSNL well in advance in case of deviation / disagreement with the place of supply as determined in PO. 52.8 Deficient Supply/ Incomplete supply/ Rejected supply - Each party to contract agrees that in case of any deficient supply or incomplete supply or rejected Contractor, it shall be the responsibility of Contractor to issue GST compliance credit note within the reasonable time and take tax adjustment. In case the Contractor fails to issue proper credit note within the time stipulated under the GST law the taxes charged and not adjusted would be borne by the Contractor. 52. 9 Discount clause- In cases where Contractor is providing discount to BSNL for the goods supplied by it or service rendered, following should be predetermined or mutually agreed between Contractor and BSNL: 1. Situations in which discount would be allowed by Contractor to BSNL (e.g. Value-based/ quantity-based discounts) 2. Basis and manner in which discount would be computed and allowed to BSNL 3. Deduction of such discount from the value of supply as per provision of GST Act 52.10 Compliance Rating - Contractor shall be liable to comply with all the compliances as may be prescribed to ensure that compliance rating is not reduced below the prescribed limit as laid down under GST Act and GST regulations. Contractor shall be required to submit a self-declaration from time to time, that they are not black-listed on the GST portal. Notwithstanding anything contained in agreement, in the event of black listing of Contractor i.e. compliance rating reduced below the prescribed limit, the amount related to tax shall be paid to Contractor only on receipt of input tax credit to BSNL 52.11 way bill - It shall be the responsibility of Contractor to obtain way bill in case of movement of goods exceeding limit as prescribed under the GST Act. Contractor would indemnify BSNL in case of any non-compliance or default or due to lack of diligence on the part of the Contractor to comply with the e-waybill requirement 52.12 Penalty - It is agreed by Contractor that in case of any deviation, default or negligence on the part of Contractor due to which it is liable to pay penalty to BSNL, the same shall be recovered by BSNL from Contractor along with applicable GST tax (as may be applicable) 52.13 Liquidated damage - GST on account of liquidated damages due to delay in supply of

goods /completion of work would be borne by Contractor.

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SECTION V

SPECIAL CONDITIONS OF CONTRACT

1.BSNL reserves all rights to accept or reject wholly or partially any or all bids, at any time prior to award of contract without assigning any reasons and without incurring any liability of customer’s action on the above grounds, to the affected bidder(s). 2. The rate may be quoted in the Rate schedule proforma attached along with the tender document(Section XVII), in figures and in words in English.If there is a discrepancy between words and figures,the amount in words shall prevail. The offer shall be firm in Indian Rupees.The rate quoted should be all inclusive except GST which will be paid extra as applicable. 3. The prices quoted by the bidder shall remain firm and final during the entire period of contract and during the extended period if any and shall not be subjected to variation on any ground. In the case of downward revision of statutory levies/taxes during the contract period, such benefits will be passed on to BSNL. Incomplete and/or conditional quote shall not be considered.

4. The tender will be accepted based on the report submitted by the Tender Evaluation Committee nominated by PGMT, BSNL Ernakulam. Bidder whose tender is accepted will have to execute an agreement in a stamped paper of required value within 10 days of being asked to do so ,failing which the EMD will be forfeited to the BSNL and the bidder will be blacklisted for one year from participating in any tender floated by the BA. After execution of the agreement, the approved rate and contract shall be valid for a period of one year from the date of execution of agreement and can be extended up to one more year on the same rate, terms and conditions. 5. The PGMT, BSNL, Ernakulam reserves the rights: 5a. To accept or reject any or all the Tenders including the lowest in part or full or annul the tendering process or to cancel the tender without assigning any reasons thereof. 5b. If the rate quoted is more than the maximum workable rate, the tender is liable to be rejected 5c. To extend the period of CONTRACT to another one more year, if found necessary. During such extended period also, the same terms and conditions shall be applicable. 6. Bids shall be quoted as per the tender document and the tender document should not be altered / modified. Altered / modified document shall summarily be rejected. In the case of tender documents downloaded from web site, a declaration as per Section XII is to be attached.

7.Tenders will be opened at 11.30 hrs on 03.08.2018 by the undersigned or by such of

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whom he may authorise on his behalf in the chamber of AGM(Mob Plg),O/o PGMT, Ravi Vihar Building, Ernakulam-682016, or any other office authorized for the purpose by PRINCIPAL GENERAL MANAGER Telecom, BSNL, Ernakulam in the presence of those bidders or by their authorized agents who will be present at the time of opening of the tenders.If the date fixed happens to be closed holiday,the tender will be opened on the next working day at the same time and venue. The authorized agents should produce letter of authorization from the bidder for attending the tender opening as per Section VII. 8. Tender documents should be kept in suitable cover and properly sealed. Tenders received late will be straight away rejected. Covers which are pasted with gum or stapled,will not be considered. Only one tender should be included in one cover. Tender document issued to one supplier is not transferable to others. Cost of the tender form will not be refunded under any circumstance. 9. The person or persons signing the bid shall sign all pages of the original tender document.. 10.If the performance of the successful bidder is not satisfactory, the concerned unit officershould intimate the fact in writing to the bidder. If there is no improvement, the agreement with the bidder is liable to be cancelled followed by the forfeiture of EMD/SD and black listing the bidder for a period of one year. 11.If low quality materials are used for the work,the unit head (SDE/JTO) has the liberty to ask the contractor to remove such materials and use quality materials. Using substandard materials is a sufficient reason to terminate the contract and to blacklist the contractor. 12.Warranty of the works shall be for a minimum period of one year from the date of completion of the work. 13. The employees deployed for the work should be disciplined in the premises of BSNL. 14.The contractor shall not sublet the work without prior written permission of the BSNL.

15.The contractor or his workers shall not misuse the premises allotted to them for any purpose other than for which the contract is awarded.

16.The workers provided by the agency under this contract will not be the employee of the BSNL and there will be no employer employee relationship between the BSNL and the personso engaged by the contractor in the aforesaid services.

17.Payment for work under the contract will be made after completion of all works specified by the office in charge and submission of pre receipted bills.

18.The Tenders should indicate the lumpsum amount in respect of all the services covered under this contract for each installation . No request for alteration in the rates once quoted will be permitted within one year from the date of execution of agreement and during the extended period if any .

19.The rates to be quoted should include cost of each and every item , but excluding GST. BSNL shall not bear any extra charge on any account whatsoever i.e. EPF contribution, Uniform, OTA etc.

20. All the safety measures required during the execution of the work shall be ensured by the contractor. The contractor should have arranged insurance coverage for all the employees

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deployed for any kind of such works. Any unexpected eventuality happened during the execution of the work in the contract period shall be covered under the responsibility of the contractor. BSNL is fully exempted from the responsibility of such unexpected acts.

21.The contractor will discharge all his legal obligations in respect of the workers/supervisors to be employed/ deployed by him for the execution of the work in respect of their wages and service conditions and shall also comply with all the rules and regulations and provisions of law in force that may be applicable to them from time to time.

22.The contractor shall indemnify and keep indemnified the BSNL from any claims, loss or damages that may be caused to it on account of any failure to comply with the obligations under various laws. In case of any dispute, the decision of PGMT,BSNLErnakulam shall be final and binding on the contractor.

23.Income Tax will be deducted from the payments due for the work done as per rule. 24.The Contractor must employ adult employees only. Employment of the child labour may lead

to the termination of the Contract. 25.The contract is subject to the condition that the bidder will comply with all the laws and acts of

Central Govt., State Govt. relating to this contract made applicable from time to time. 26.Risk Clause: BSNL Ernakulam reserves the right to discontinue the service at any time, if the

services are found unsatisfactory by giving a show cause to be replied within a week and also has the right to award the contract to any other agency at the risk and cost of current agency and excess expenditure incurred on account of this can be recovered from Security deposit or pending bills or by rising a separate claim.

27. The BSNL will not be responsible either to the Contractor or to its workers deployed at these work points for any medical assistance/injuries/death or any kind of loss occurred to employees deployed by the contractor.

28. The contractor shall be fully responsible for the damages caused by the workers during execution of work, to the properties belonging not only to BSNL but also to other Departments, Organizations, Other Private Operators/ Organizations and individuals and the cost of such damages will be recovered from the amount payable to the contractor. 29. The PGMT,BSNL,Ernakulam reserves the right to reject any or all Tenders in whole or in part without assigning any reasons therefore. The decision of PGMTBSNL, Ernakulam BA shall be final and binding on the contractor/agency in respect of any clause covered under the Contract. 30.. Penalty clause: 30.1 In case the contractor fails to carry out the work in the stipulated time , he shall be liable to pay Liquidated Damage(LD) charge as given below:-

(a) For a delay beyond one week, L.D will be charged @ 0.5% of total charges per week or part thereof , for ten weeks.

(b) And beyond ten weeks delay @ 0.7% of total charges per week or part thereof , subject to a maximum of 12%of the cost of the work awarded in the work order.

30 .2 If the work is not completed even after 20 weeks from the completion date mentioned in the work order, the agreement/tender is liable to be terminated/cancelled and SD will be forfeited and the contractor will be debarred for 1 year.

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SECTION VI

UNDERTAKING AND DECLARATION

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

Certified that:

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

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

by us in the tender form.

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

by us will stand forfeited to the BSNL.

The tenderer hereby covenants and declares that:

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

with the tender offer are correct.

If anything is found false and/or incorrect and/or reveals any suppression of fact at any time,

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

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

debar the contractor from participation in its future tenders.

Date: …………………… Signature of Tenderer Place: ………………….. Name of Tenderer With date and seal

29


SECTION VII

Letter of Authorisation for attending Bid opening

(To be submitted before Tender Opening)

Subject: Authorisation for attending bid opening on ___________________ (date) for the tender of

________________________________________________________.

Following person is/are hereby authorized to attend the bid opening for the tender

mentioned above on behalf of _______________________________ (Bidder) in order of preference given below. Signature of Tenderer Order of Preference Name Specimen Signatures ________________________________________________________________ I. 2. . Signature of bidder

or

Officer authorized to sign the bid

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

30


SECTION VIII

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

To

The Principal General Manager BSNL,Ernakulam

Sir, Kindly pay any amount due to us to our Bank Account as detailed below either

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

1. Name of the Company / Firm : 2. Address : 3. Name of the Bank : 4. Name of the Branch : 5. Branch Code : 7. Type of Account : 8. Account Number :

9.

IFS Code of Bank Bank Address :

Bank Telephone No.(& Code) : Date Name & Signature of the Authorised Signatory with seal

Note: A Blank cancelled cheque leaf shall be attached along with the Mandate Form

(To be filled by the Bank Authorities) Certified that the particulars furnished above are correct as per our records Bank Seal : Signature of Manager / Authorised Officer

Date :

31


SECTION IX

TENDERER’S PROFILE

1. Name of the tenderer :

2. Name of the person submitting the tender :(In case of Proprietary / Partnership firms,the tender has to be signed by Proprietor / Partner

3. Address of the firm :

4.i Telephone No. (with STDcode) :

ii. iii.

Mobile No. Fax No. :

iv. E-Mail address : 5. Registration & incorporation particulars of the firm:

i) Proprietorship : ii) Partnership : iii) Private limited : iv) Public limited :

(Please attach attested copies of documents of registration / incorporation of your firmwith the competent authority as required by business law)

6. Name of Proprietor/Partner/Directors

7. PA No.

8. Goods & Service Tax Registration No.

9.EPF Registration No. 10. ESI Registration No,

I/We hereby declare that the information furnished above is true and correct. Place :Name of the Tenderer with Seal

Photo

32


SECTION X BID FORM

Full Name & Address of the Agency ...........................................................................

Telephone No. : …………………………………………………

FAX/Cellular No.: …………………………………………………

E-Mail address: ………………………………………………….

Any other Relevant Information …………………………………………………...

To The PGMT, BSNL,Ernakulam-682016

Sir,

I/We have read all the particulars regarding the General information and other terms and conditions of the tender for Erection of 4.5 Meter poles(2 and 1/2 inches diameter 4.5 Meter GI pipe) for antenna hoisting at the roof top of multi storey building , at different locations in Ernakulam BA , you may specify in the acceptance of the Tender at the rates given in Schedule-I to this Tender

and

I/We agree to hold this offer open till 180 days. The rates quoted will be valid for a period of one year in the event of award of the Contract.

I/We shall be bound by a communication of acceptance dispatched within the prescribed time.

I/We have understood these terms and conditions for the contract and shall provide the best services strictly in accordance with these requirements.

Demand Draft No. ______________________ dated ________________ of Rs. /- drawn in favour of the Accounts Officer (Cash), BSNL, O/o the PRINCIPAL GENERAL MANAGER Telecom, Ernakulam -682016, payable at Ernakulam is also enclosed as Earnest Money Deposit.

I/We agree to forfeit of the earnest money if I/we fail to comply with any of the terms and conditions in whole or in part laid down in the Tender form.

I/We have carefully read the terms and conditions of the Tender and are agreed to abide by these in letter and spirit.

I/We have duly signed and sealed each and every page of the Tender Document showing our unconditional acceptance of all the Terms and Conditions of the Tender.

Name & Signature of Witness :

Address:

Yours faithfully, Dated :Signature & Seal of the Bidder

Signature of witness to contractor's signature

33


SECTION XI

Certificate of No Near Relatives in BSNL …………………………………….. S/o………………………………………….. hereby certify that none

of any relative(s) as defined in the tender document is/are employed in BSNL. In case

at any stage it is found that the information given by me is false/incorrect, BSNL shall

have the absolute right to take any action as deemed fit/without any prior intimation

to me.

Signature of Tenderer :

Name& Address

34


SECTION XII

Certificate

FOR TENDER DOCUMENT DOWN LOADED FROM INTERNET

I …................................................................. …................ (authorised signatory ) hereby declare that the tender document submitted has been down loaded from web site htttp/:www.keralatelecom.comand no addition deletion / correction has been made in the down loaded tender document. I also declare that I have enclosed a DD forRs …................... ………………….towards the cost of bid document along with the tender. signature of tenderer / authorised signatory Place................................................. Date …............................................. Name of the tenderer........................................................ Seal of the tenderer

35


SECTION XIII From To The PRINCIPAL GENERAL MANAGER Telecom, BSNL, Ernakulam Sir,

Sub: Request for refund of EMD reg: Ref: No. MP_ENK /_NIT/ POLE ERECTION/ 2018-2019/ 7, Dtd 12-9-2018

I/We have submitted tender for Erection of 4.5 Meter poles(2 and 1/2 inches diameter 4.5 Meter GI pipe) for antenna hoisting at the roof top of multi storey building , at different locations in Ernakulam BA as per tender notification cited above. In case my/our tender is not accepted by the Company, the EMD remitted by me/us may kindly be refunded as soon as possible. An advance stamped receipt for the above is attached herewith. Thanking you Yours faithfully, ………………………………………………………………………………………………..

ADVANCE STAMPED RECEIPT Received an amount of Rs………. (Rupees……………………………………only) from Accounts Officer(Cash), BSNL, Office of the PRINCIPAL GENERAL MANAGER Telecom,BSNL, Ernakulam towards EMD amount remitted as per No. MP_ENK /_NIT/ POLE ERECTION/ 2018-2019/ 7,

Dtd 12-9-2018

Signature : Date : Name & Address: Signature of the Bidder

36


SECTION XIV

PROFORMA OF POWER OF ATTORNEY (Refer Clause 12 of Section-IV) (Non-Judicial Stamp paper)

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

BSNLErnakulam in connection with their No. MP_ENK /_NIT/ POLE ERECTION/ 2018-2019/7 dated

12-9-2018

For Erection of 4.5 Meter poles(2 and 1/2 inches diameter 4.5 Meter GI pipe) for antenna hoisting at the

roof top of multi storey building , at different locations in Ernakulam BA, due for opening on 03.08.2018 In short he is fully authorized to do all, each and everything requisite for the above purpose concerning M/s_______________________________. And I/We hereby agree to confirm and ratify his all and every act of this or any documents executed by my/our said Attorney within the scope of the authority hereby conferred on him including references of cases to arbitration and the same shall be binding on me/us and my/our firm as if the same were executed by me/us individually or jointly. Witness (with Address) Signature of the Proprietor/Partners/Directors

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

37


SECTION XV

AGREEMENT

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

Where as the contractor has offered to enter into contract with the said BSNL for erection of 4.5

Meter poles(2 and 1/2 inches diameter 4.5 Meter GI pipe) for antenna hoisting at the roof

top of multi storey building , in different locations of Ernakulam BA , transportation and

handling of materials including material cost, construction of RCC foundation, welding, etc

on the terms and conditions herein contained in the No. MP_ENK /_NIT/ POLE ERECTION/

2018-2019/ 7, Dtd 12-9-2018 and the rates approved by the BSNL (copy of Rates annexed) have been duly accepted and where as the necessary security deposits have been furnished in accordance with the provisions of the tender document and whereas no interest will be claimed on the security deposits. Now these presents witness and it is hereby agreed and declared by and between the parties to these presents as follows.

1) TThe contractor shall, during the period of this contract that is to say from.......................to...................... or completion of work whichever is earlier or until this contract shall be determined by such notice as is hereinafter mentioned, safely carryout, by means of labours employed at his own expenses and by means of tools, implements and equipment etc. to be supplied by him to his labour at his own expenses, all repair and service works as described in tender documents (annexed to the agreement), when the BSNL or PRINCIPAL GENERAL MANAGER Ernakulam BA or any other persons authorised by the PRINCIPAL GENERAL MANAGER in that behalf require. It is understood by the contractor that the quantity of work mentioned on the schedule is likely to change as per actual requirements as demanded by exigencies of service.

38


2) The Bid documents, letter of intent, approved rates annexed hereto and such other additional particulars, instructions, work orders as may be found requisite to be given during execution of the work shall be deemed and taken to be an integral part of the contract and shall also be deemed to be included in the expression “The Agreement” or “The Contract” wherever herein used. 3) The contractor shall also supply the requisite number of workmen with means & materials as well as tools, appliances, machines, implements, vehicles for transportation, cartage etc. required for the proper execution of work within the time prescribed in the work orders. 4) The contractor hereby declares that nobody connected with or in the employment of the BSNL is not/shall not ever be admitted as partner in the contract. In witness whereof the parties hereto have executed these present the day and year first above written In the presence of

Witness

1. 2. Signature of the contractor Witness 1. 2.

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

39


SECTION XVI

FINANCIAL BID No. MP_ENK /_NIT/ POLE ERECTION/ 2018-2019/7, Dtd 12-9-2018

Having examined the tender document terms and conditions stipulated therein and

the scope of work in Section I I I , we the undersigned hereby quote our best rates as below:-

1. Name of the Tenderer (IN BLOCK LETTERS)

2. Postal Address in full (IN BLOCK LETTERS)

Telephone No Mail ID Name & Address: Signature of the bidder:

40


SECTION XVII RATE SCHEDULE FORMAT

Erection of 4.5 Meter poles(2 and 1/2 inches diameter 4.5 Meter GI pipe) for antenna hoisting at the roof top of multi storey building , at different locations in Ernakulam BA

No. MP_ENK /_NIT/ POLE ERECTION/ 2018-2019/ 7, Dtd 12-9-2018

Name & Address: Signature of the bidder:

Signature of Bidder:

SL. No

Nature of work

UNIT Rate/ unit (Excluding GST) but

inclusive of all other charges GST%

1

Providing 4.5 Meter GI Pipe

poles(2 and 1/2 inches

diameter 4.5 Meter length )

antenna hoisting and allied

works at the roof top of multi

storey buildings.

Transportation and handling of

materials including material

cost, construction of RCC

foundation, welding, etc.

Antenna, feeder cable etc. will

be supplied by BSNL.

Per Pole

In Figures In words

41


SECTION XVIII

VENDOR MASTER FORM

42


43


SECTION XIX

GST DATA FORM

GST DATA TO BE SUBMITTED BY VENDOR

Sl No

Particulars

1 Vendor Account No ( To be filled by BSNL Office)

2 Vendor Name

3 Permanent Account Number

4 Type of Vendor ( GST Registered/ Unregistered)

5 GSTIN or GST Provisional ID. of Registered Vendor

6 Whether Compounding scheme applicable (Yes or No)

7 Email address of Vendor

8 Mobile number of Vendor

9 Phone number of Vendor

10 Registered Addresses under GST

House Name/No.

Street

Street1

Street2

City

PIN CODE

11 State/Union Territory of GST registration

12 Status of Vendor (SEZ, EOU, DTA,

44


government, local authority)

13 Provision of goods/ services (Separate line item for each good/ service)

14 HSN/SAC code (Separate line item for each good/ service)

15 Whether supply is exempt/ non taxable

Place Signature

Date Name