GMTD/BR/PLG/Tender/Repairing of Power Plants/09-10

BHARAT SANCHAR NIGAM LIMITED (A Government of Enterprise) O/o the General Manager Telecom District

From To AGM(Plg) ……………………………. O/o GMTD ……………………………. CTO Compound, Cantt., Bareilly - 243001 ……………………………. Tel. No. : 0581 – 2510700 Fax No. : 0581 – 2575222

SUB :- TENDER DOCUMENTS

Tender No.: GMTD/BR/PLG/Tender/ Repairing of Power Plants/09-10 Dated 12-08-2009

For Item : Repairing of Power Plants

Please find enclosed tender documents on the above subject which contain the following :

1. Notice Inviting Tender Chapter – 1 Section - I 2. Tender Information Chapter – 2 3. Scope of work & Specification Chapter – 3 Section – V 4. Instructions to bidders Chapter – 4 Section – II 5. General (Commercial) Conditions of ContractChapter – 5 Section – III 6. Special Condition of the Contract Chapter – 6 Section - IV 7. Performa’s Chapter – 7 Section – VI, VII, VIII 8. Techno Commercial Form/Questionnaire Chapter – 8 Section – IX & X 9. Financial Bid Chapter – 9 Fin/ Bid Form, Section XI & XII

Those, desiring to execute the job of Repairing of Power Plants who meet the eligibility condition should submit their tender offer on or before the tender closing date & time.

AGM(Plg) O/o GMTD, Bareilly

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CHAPTER – 1 Section - I BHARAT SANCHAR NIGAM LIMITED OFFICE OF THE GENERAL MANAGER TELECOM DISTRICT, CTO COMPOUND, CANTT., BAREILLY 243001

No.: GMTD/BR/PLG/Tender/ Repairing of Power Plants / 09-10 Dt 12-08.2009

NOTICE INVITING TENDER

General Manger Telecom District Bareilly, on behalf of BSNL invites sealed (WAX or PVC packing tape) tenders in two parts (Part A- Technical Bid and Part B- Financial Bid) from eligible contractors.

S. Amount of Bid Cost of bid Name of Work Quantity Estimated Cost N. security form Repairing of Power As per list Rs.12.5 lacs Rs.31,250/- 1 Plants in Bareilly of tender Rs.550/-

SSA document

1. ELIGIBILITY CRITERIA :-

(Detailed eligibility criteria is given in Section II Clause 10 )

2. The Bid document may be obtained from SDE (Plg) O/o GMTD, Bareilly on payment of Rs. 550/- (non-refundable & non-transferable) in form of Demand Draft in favour of Accounts Officer (Cash) O/o GMTD, Bareilly payable at Bareilly. The tender documents may also be downloaded from website as per directives given

3. The Bid documents shall be available for sale from date of publishing of NIT in newspaper till 08-09.2009 between 10.00 Hrs. to 13.00 Hrs. on all working days.

4. Bids will be received till 15.00 Hrs on 14-09-2009

5. Technical bids will be opened at 15.30 Hrs on 14-09-2009.

The GMTD Bareilly reserves the right to cancel all or any tender without assigning any reason.

AGM(Plg) O/o GMTD, Bareilly Tele No. 0581-2510700 Fax No. 0581-2575222

Please visit us at www.upw.bsnl.co.in/bareilly

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CHAPTER–2

TENDER INFORMATION

1. Submission of tender will bind the bidder to the acceptance of all condition specified in the bid documents. Conditional offer will not be accepted and will be rejected straightway. 2. Type of Tender : This tender is two bid tender i.e.: (i) Technical Bid. (ii) Financial Bid. 3. The period of contract is one year from the date of agreement of tender. 4. Details of consignee, Site Incharge, Bill Passing Officer and Paying Officer for the items to be supplied is as under :

S. Items Site Site Incharge Bill Passing Paying Officer No. Officer 1 Bareilly SSA Concerned SDE’s AGM (Plg) O/o AO(Cash), Icharge of the GMTD O/o GMTD, Bareilly Exchange Area Bareilly

5. Tender offer validity period is 150 days from date of opening of Tender.

3/26 Signature of bidder with seal

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CHAPTER 3 Section - II INSTRUCTIONS TO BIDDERS A. INTRODUCTION

1. DEFINITION :

(a) “The GMTD Bareilly” means the GMTD, BAREILLY on behalf of Bharat Sanchar Nigam Limited, A Government of India Enterprise. (b) “The Bidder” means the individual or firm who participates in this tender and submits its bid. (c) “Contractor” means the individual or firm supplying the goods under the tender. (d) “The Goods” means all equipment, work, and/or materials/ services which the Contractor is required to supply to the GMTD Bareilly under the contract. (e) “The Work Order” means a written communication conveying the LOI Order on the successful Bidder(s) and the "Work Order” means the order placed on the Contractor including all attachments and appendices thereto and all documents incorporated by reference therein. The work order shall be deemed as “Contract” appearing in the documents (f) “The Contract Price” means the price payable to the contractor under the work order for the full and proper performance of its contractual obligations.

2. ELIGIBLE BIDDERS: Eligibility criteria as per Section II clause. 10

3. COST OF BIDDING :

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

B. THE BID DOCUMENTS:

4. BID DOCUMENTS : 4.1 The Technical specifications, bidding procedures and contract terms are prescribed in the Bid Documents. The Bid Documents include : A. Notice Inviting Tender Chapter – 1 B. Tender Information Chapter – 2 C. Scope of work & Specification Chapter – 3 D. Instructions to bidders Chapter – 4 E. Special Condition of the Contract Chapter – 5 F. General (Commercial) Conditions of Contract Chapter – 6 G. Performa’s Chapter – 7 H. Techno Commercial For/Questionaire Chapter – 8 I. Financial Bid Chapter – 9 ,

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 bids not substantially responsive to the Bid Documents in every respect will be at the bidder’s risk and shall result in rejection of the bid. 4.3 The tender documents will also be available on website www.upw.bsnl.co.in/bareilly and can be downloaded and used as tender documents for submitting the offer. Separate

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Demand Draft towards the cost of tender documents of Rs. 550/- shall have to be enclosed in a separate envelop superscribed as “COST OF BID FORM” while submitting the tender

5. CLARIFICATION OF BID DOCUMENTS : 5.1 A prospective bidder, requiring any clarification on the Bid Documents shall notify the GMTD Bareilly in writing or by FAX at the GMTD Bareilly’s mailing address indicated in the invitation of Bid. The GMTD Bareilly shall respond in writing to any request for the clarification of the Bid Document, which it receives not later than 7 days prior to the date of submission of bid. Copies of the query (wherever necessary) and clarifications by the GMTD Bareilly shall be sent to al the prospective bidders who have received the bid documents. 5.2 Any clarification issued by GMTD Bareilly 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 documents.

6. AMENDMENT OF BID DOCUMENTS :

6.1 At any time, prior to the date for submission of bids, the GMTD Bareilly 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 amendments. 6.2 The amendments shall be notified on internet and in writing or by FAX to all prospective bidders on the address intimated at the time of purchase of bid document from the GMTD Bareilly and these amendments will be bidding on them. 6.3 In order to afford prospective bidders reasonable time to take the amendments into account in preparing their bids, the GMTD Bareilly may, at its discretion, extend the deadline for the submission of bids suitably.

C. PREPARATION OF BIDS:

7. DOCUMENTATION COMPRISING THE BID:

The bid prepared by the bidder shall comprise the following components:

Envelope marked as “Technical Bi d” shall contain the following; 7.1 Documentary evidence established in accordance with Clause 2 and 10 that the bidder is eligible to bid and is qualified to perform the contract if his bid is accepted. 7.2 Bid Security furnished in accordance with Clause 12. 7.3 Duly signed bid document. 7.4 Clause-by-clause compliance as per Clause 11. 7.5 Envelope marked as “Financial Bi d” shall contain financial bid form and price schedule (Section XI & XII) completed in accordance with clauses 8 & 9. 8. BID FORM:

The bidder shall complete the Bid Form and the appropriate Price Schedule furnished in the Bid Document.

9. BID PRICES : 9.1 The bidder shall quote the rates in percentage high/low at par as given in Financial Bid. 9.2 The bidder shall give the total composite price inclusive of Taxes applicable packing, forwarding, freight (exclusive of service tax if/as applicable) . 9.3 The contractor shall quote as per price schedule given for all the items given in details of work. 5/26 Signature of bidder with seal

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9.4 The price quoted by the bidder shall remain fixed during the entire period of contract and shall not be subject to variation on any account. A bid submitted with an adjustable price quotation will be treated as non-responsive and rejected. 9.5 Bids with incomplete rates or multiple or conditional rates will be out rightly rejected.

10. DOCUMENTS ESTABLISHING BIDDER’S ELIGIBILITY AND QUALIFICATIONS:

The bidder shall furnish, as part of his bid documents establishing the bidder's eligibility, the following documents:

10.1.1 Bid security as per clause 12. 10.1.2 Registration Certificate of Firm with Central Excise Deptt. 10.1.3 Valid (As on date of NIT) Sales Tax.C.s.T., registration Certificate of the firm. 10.1.4 Attested Photocopy of PAN in the name of Firm or Proprietor as applicable . 10.1.5 Bidder should either be approved TEC manufacturer of SMPS Power Plant (Valid as on date of NIT) or their authorized Repair Centre, having experience certificate of satisfactory performance of Repair of SMPS Power Plant Module of various make and size in DOT/BSNL/MTNL/Central Govt./State Govt./Any other PSUs for minimum value of Rs. 6 Lacs in each two financial years during last three financial years (i.e. 2006-07, 07- 08,08-09). The experience certificate must have been issued by Group A officer in case of Central/State Govt. and in case of PSUs by the senior manager or equivalent level officer (Attach documentary proof in support of experience and TEC Approved Manufacturer or their Authorized Repair Centre. ) 10.1.6 In case of Partnership Firm: (a) Partnership deed duly signed by all partners and duly attested by notary. (b) General Power of Attorney in favour of the signatory of the bid. 10.1.7 In case of Ltd. Company. (a) Articles/Memorandum of Association with certificate of registration of company. (b) List of present Directors with full name and address if the same is not included in above. (c) General Power of Attorney in favour of the signatory of the bid. The power of Attorney should be submitted and executed on the non-judicial stamp paper attested by a Notary public or registered before Sub-Registrar of the states(s) concerned. (d) 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. 10.1.8. In case of sole proprietorship firm, an affidavit (Original on stamp) of sole proprietorship duly attested by Notary should be submitted.

(The certificates from 10.1.2 to 10.1.7 should be attested by Gazetted Officer or SDE & above rank of officer in BSNL/MTNL/DOT).

Any document submitted by the bidder, if found fake or forged, EMD will be forfeited.

11. DOCUMENTS REQUIRED TO ESTABLISH THE JOB CONFORMITY TO THE SPECIFICATIONS : Detailed description of essential technical and performance characteristics. a) Clause-by-Clause compliance to the Technical Specifications and commercial conditions as per Chapter – 5. b) Statement of deviations form the Technical Specifications and commercial conditions, if any.

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12. BID SECURITY (EARNEST MONEY) : 12.1 The bidder shall furnish, as part of his bid, a bid security for an amount of Rs. 31,250/- ( Rs. Thirty one thousand two hundred fifty). 12.2 The bid security is required to protect the GMTD Bareilly against the risk of bidder's conduct, which would warrant the security's forfeiture, pursuant to Para 12.7. 12.3 Bid security shall only be in the form of Demand Draft in favour of AO(Cash), BSNL , O/o GMTD, Bareilly from any Nationalised/ Scheduled Bank payable at Bareilly. The Demand Draft in original shall be attached with technical bid. 12.4 A bid not secured in accordance with Para 12.1 and 12.3 shall be rejected by the GMTD Bareilly as non-responsive. 12.5 The bid security of the unsuccessful bidder (s) will be discharged / returned as promptly as possible but not later than 30 days after the expiry of the period of bid validity. 12.6 The successful bidder's bid security will be discharged upon the bidder's acceptance of the work order. 13. The bid security may be forfeited:

A. If a bidder withdraws his bid during the period of bid validity specified by the bidder on the Bid Form or B If the documents / certificates submitted are found to be forged/bogus as per NIT condition Chapter 4 clause 10. C In the case of successful bidder, if the bidder fails to furnish performance security in accordance with Clause 1 section III.

14. PERIOD OF VALIDITY OF BIDS : (i) Bid shall remain valid for 150 days from the date of bid opening prescribed by the GMTD Bareilly. A BID VALID FOR A SHORTER PERIOD SHALL BE REJECTED BY THE GMTD BAREILLY AS NON RESPONSIVE. (ii) The BSNL reserves the right to request the lowest 3 bidders as per read out list on the opening day to extend the bid validity for a period of 120 days and the bidder has to necessarily extend the bid validity. Refusal to extend the bid validity will result in forfeiture of the bid security. 15. FORMAT AND SIGNING OF BID : a. The original copy of bid shall be signed by the bidder or a person or persons duly authorized to bind the bidder to the contract. The letter of authorization shall be indicated by written power-of-attorney accompanying the bid. All pages of the original bid except for un-amended printed literatures, shall be signed by the person or persons signing the bid. The bids submitted shall be sealed properly. b. The bid shall contain no interlineations, erasures or overwriting except as necessary to correct errors made by the bidder in which case such corrections shall be signed by the person or persons signing the bid.

D. SUBMISSION OF BIDS : 16. SEALING AND MARKING OF BIDS:

16.1 The Bid should be submitted in two envelopes. The first envelope, marked as “FINANCIAL BID FOR Repairing of Power Plants”, shall contain the financial bid form and Price Schedule (Section XI & XII) and sealed properly (with sealing wax or Packing PVC tape). 16.2 The Second envelope, marked as “TECHNICAL BID FOR Repairing of Power Plants”, should contain the following : (i) Bid Security as per Clause 12. (ii) Bid document duly filled in and signed, with seal, on all pages and formats/certificates. (iii) Documents establishing bidder’s eligibility as per Clause 2 and 10 The cover should be sealed properly (with sealing wax or Packing PVC tape).

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16.3 The envelopes as per 15.1 & 15.2 above should be kept in single envelope and sealed properly (with sealing wax or Packing PVC tape). This envelope should be superscribed with ”Tender for AMC & Repairing of Power Plants”, in Bareilly” No. “GMTD/BR/Plg/Tender/ Repairing of Power Plants”, WACs/ 09-10” & “NOT TO OPEN BEFORE due DATE AND TIME.

17. The inner and the outer envelopes shal l be Addressed to : The Assistant General Manager (Plg) O/o General Manager Telecom District,CTO Compound, Cantt., Bareilly – 243001

18. SUBMISSION OF BIDS:

18.1 Bids must be received at the address specified under Para 15.4 not later than on due date of opening as per NIT (Section-I). 18.2 The GMTD Bareilly may, at its discretion, extend this deadline for the submission of bids by amending the Bid Documents in accordance with Clause 6 in which case all rights and obligations of the GMTD Bareilly and bidders previously subject to the deadline will thereafter be subject to the deadline as extended. 18.3 The bidder shall submit his bid offer against a set of bid documents purchased/ downloaded by him for all tendered items as per requirement of the Bid Documents.

19. LATE BID: Any bid received by the GMTD Bareilly after the deadline for submission of bids prescribed by the GMTD Bareilly pursuant to Clause 16, shall be rejected and returned unopened to the bidder.

20. MODIFICATION AND WITHDRAWAL OF BIDS :

20.1 The bidder may modify or withdraw his bid after submission provided that the written notice of the modification or withdrawal is received by the GMTD Bareilly prior to the deadline prescribed for submission of bids. 20.2 The bidder’s modification or withdrawal notice shall be prepared, sealed, marked and dispatched as required in the case of bid submission. A withdrawal notice may also be sent by FAX but followed by a signed confirmation copy, post marked received not later than the deadline for submission of bids. 20.3 No bid shall be modified subsequent to the deadline for submission of bids.

E BID OPENING AND EVALUATION 21. OPENING OF BIDS:

21.1 The BSNL shall open bids in the presence of bidders or their authorized representatives who choose to attend, at specified time on due date. The bidders representatives who are present shall sign an attendance registe r. Authority letter to this effect shall be submitted by the bidders before they are allowed to participate in the bid opening as per format given. 21.2 A maximum of two representatives for any bidder shall be permitted to attend the bid opening. 21.3 At first, Bid marked as “TECHNICAL BID” will be opened and bidder's name will be announced. 21.4 The envelope marked ‘Financial Bid’ will be opened only for qualified bidders in “Technical bid”. The day of opening of financial bid will be informed to successful “Technical bidders”, where they or their representative could be present at the time of financial bid opening. 21.5 At the time of opening of “Financial bid” the bidder's name, bid prices, modification, bid withdrawals and such other details as the GMTD Bareilly, at its discretion may consider appropriate will be announced at the time of opening. 21.6 If the date of opening of the bid happens to be an incidental holiday, the bid will be accepted and opened on the next working day on scheduled time. 21.7 The bidders or their authorized representatives those choose to attend shall bear all cost at their own. 8/26 Signature of bidder with seal

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22. CLARIFICATION : To assist in the examination and comparison of bids, the GMTD Bareilly 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.

PRELIMINARY EVALUATION : a. GMTD Bareilly shall evaluate the bids to determine whether they are complete, whether any computational errors have been made, whether required securities have been furnished, whether the documents have been properly signed and whether the bids are generally in order. b. Arithmetical errors shall be rectified on the following basis. If there is a discrepancy between the unit price and total price that is obtained by multiplying the unit price and quantity, the unit price shall prevail and the total price shall be corrected by the GMTD Bareilly. If there is a discrepancy between words and figures, the amount in words shall prevail. If the Contractor does not accept the correction of the errors, his bid shall be rejected and bid security forfeited. c. Prior to the detailed evaluations, the GMTD Bareilly will determine the substantial responsiveness of each bid to the Bid documents. For purpose of these clauses, a substantially responsive bid is one which conforms, to all the terms and conditions of the Bid documents without material deviations. The GMTD Bareilly determination of bid’s responsiveness is to be based on the bid itself without recourse to extrinsic evidence. d. A bid, determined as substantially non-responsive will be rejected by the GMTD Bareilly and shall not, subsequent to the bid opening, be made responsive by the bidder by correction of the non-conformity. e. The GMTD Bareilly 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 constitute a material deviation, and provided such waiver does not prejudice or affect the relative ranking of any bidder. f. If any information furnished or documents attached by the bidder is found to be incorrect /false during any time of tender evaluation process, the bid security of the bidder will be forfeited and bid will be out rightly rejected.

23. EVALUATION AND COMPARISON OF SUBSTANTIALLY RESPONSIVE BIDS : a. The GMTD Bareilly will evaluate in detail and compare the bids previously determined to be substantially responsive pursuant to clause 21. b. The comparison for evaluation shall be of price offered inclusive of Taxes applicable and charges subject to compliance with technical specification.

CHAPTER 4 Section - III

GENERAL (COMMERCIAL) CONDITIONS OF CONTRACT

1. PERFORMANCE SECURITY :

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1.1 The Contractor shall furnish performance security to the GMTD Bareilly for an amount of 10% of Contract value in Bank Guarantee (Valid upto and including 6 months after, the period of contract) within 15 days after receipt of the letter of intent. 1.2 The Security deposit is a non-interest bearing deposit. 1.3 The Security deposit is a guarantee for just and proper execution of the contract. 1.4 The Performance security Bond will be discharged by the BSNL after completion of contractor’s performance obligations, including any Warranty obligations, under the Contract. 1.5 The Performance security will be forfeited in case of non-compliance of the tender conditions 1.6 The Security deposit of any other tender cannot be adjusted against this tender.

2. INSPECTIONS AND TESTS : i) The GMTD Bareilly or his representatives shall have the right to inspect and test the job as per prescribed test schedules for their conformity to the specifications. GMTD Bareilly shall decide to conduct such tests on the premises of the contractor ii) Should any inspected or tested job fail to conform to the specifications the GMTD Bareilly may reject them and the contractor shall either make good or make all alterations necessary to meet specification requirements free of cost. iii) When the performance tests called for have been successfully carried out, the Inspector / ultimate Consignee will issue a “Taking Over Certificate”. The Inspector/ultimate consignee will not delay the issue of any “Taking Over Certificate” contemplated by this clause on account of minor defects in the goods which do not materially affect the performance thereof provided that the contractor shall undertake to make good the same within a period not exceeding two months. The Taking Over Certificate shall be issued by the ultimate consignee within Six weeks of successful completion of tests.

3. PRICES : Rates should be quoted as composite price (Excluding Service Tax if/as applicable & Prices charged by contractor for services performed under the Contract shall not be higher from the prices quoted by the contractor in his Bid.

4. PAYMENTS :

Payment will be made on monthly basis only after pre-receipted bills are duly certified and verified by the concerned JTO/SDE/DE will be put through the BPOs of the concerned exchange area.

5. DELAYS IN THE CONTRACTOR PERFORMANCE:

5.1 The date of execution of contract stipulated in the acceptance of tender should be deemed to be the essence of the contract and job must be completed not late than the dates specified therein. Extension will not be given except in exceptional circumstances. Should, however, work be completed after expiry of the contract period, without prior concurrence of the GMTD Bareilly, and be accepted by the field unit, this will not be deprive GMTD Bareilly of its right to recover liquidated damage.

5.2 If extension not granted by GMTD Bareilly than work order shall be treated as cancelled and contractor shall not dispute the decision of GMTD, Bareilly.

6. FORCE MAJEURE : 10/26 Signature of bidder with seal

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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 shall be prevented of delayed by reason of any war, or hostility, acts of the public enemy, civil commotion, subrogate, fires, floods, explosions, epidemics, quarantine restrictions strikes, lockouts or act of God (Hereinafter referred to as events)provided notice of happenings, of any such eventually 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 deliveries 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 GMTD Bareilly as to whether the deliveries have been so resumed or not shall be final and conclusive provided further that if the performance, in whole or part 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.

7. TERMINATION FOR DEFAULT : 7.1 The GMTD Bareilly may, without prejudice to any other remedy for breach of contract, by written notice of default, sent to the Contractor, terminate this Contract in whole or in part. a) If the contractor fails to execute any or all of the work within the time period(s) specified in the Contract, or any extension/thereof granted by the GMTD Bareilly; b) If the contractor fails to perform any other obligation(s) under the Contract; and c) If the contractor, in either of the above circumstance(s) does not remedy his failure within period of 15 days (or any longer period as the GMTD Bareilly may authorize in writing) after receipt of the default notice from the GMTD Bareilly. 7.2 In the event of the GMTD Bareilly terminates the contract in whole or in part the GMTD Bareilly may proceed, upon such terms and in such manner as it deems appropriate.

8. TERMINATION FOR INVOLVENCY The GMTD Bareilly may at any time terminate the Contract by giving written notice to the Contractor, without compensation to the contractor, if the Contractor becomes bankrupt or otherwise insolvent as declared by the competent court provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the GMTD Bareilly.

9. ARBITRATION

9.1 In the event of any question, dispute or difference arising under the agreement or in connection there-with except as to matters, the decision of which is specifically provided under this agreement, the same shall be referred to sole arbitration of the GMTD, BSNL, Bareilly 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 GMTD, BSNL, Bareilly or by whatever designation such officer may be called (hereafter referred to as the said officer) and if the GMTD, BSNL, Bareilly or the said officer is unable or unwilling to act as such the sole arbitration or some other person appointed by the GMTD, BSNL, Bareilly or the said officer. There will be no objection to any such appointment that the arbitrator is Government Servant or that he has to deal with the matter to which the agreement relates or that in the course of the duties as Government Servant he has expressed views on all or any of the matters in the dispute. The award of the arbitrator shall be final and binding on the parties. 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 reasons whatsoever the GMTD, BSNL, Bareilly or the said 11/26 Signature of bidder with seal

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officer shall appoint another person to act as arbitrator in accordance with terms of the agreement and the person appointed shall be entitled to proceed from the stage at which it was left out by his predecessors. 9.2 The arbitrator may from time to time with the consent of parties enlarge the time for making and publishing the award. Subject to the aforesaid, Arbitration and Conciliation Act, 1940 and the Rules made thereunder, any modification thereof for the time being in force shall be deemed to apply to the arbitration proceeding under this clause. 9.3 The venue of the arbitration proceeding shall be the office of the GMTD, BSNL Bareilly or such other Places as the arbitrator may decide.

10. SET OFF Any sum of money due and payable to the contractor (including security deposit refundable to him) under this contract may be appropriated by the GMTD Bareilly or the BSNL or the Govt. or any other person contracting through the BSNL and set off the same against any claim of the BSNL or Govt 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 Contractor with the GMTD Bareilly or the BSNL or such other person or persons contracting through Govt. of India.

11. LEGAL JURISDICTION

It is also a condition of this contract that the Court which has territorial jurisdiction over BAREILLY city shall have absolute jurisdiction for adjudicating any differences or disputes arising out of this contract to the exclusion of all other courts.

12. VALIDITY OF CONTRACT :-

The contract shall be valid for a period of one year and can be further extended for a period of one year. The rates for extension period may be renegotiated with limiting factors at that time.

13. ANNULMENT OF AWARD :

Failure of the successful bidder to comply with the requirement of Clause 2 shall constitute sufficient ground for the annulment of the award and forfeiture of the bid security in which event the GMTD Bareilly may make the award to any other bidder at the discretion of the GMTD Bareilly or call for new bids.

12/26 Signature of bidder with seal

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CHAPTER 5 Section - IV

1. CONDITIONS OF THE CONTRACT:

1. The bidder must comply with the provisions of EPF & Misc. Provisions Act, 1952 and employees Provident fund Scheme 1952, in respect of labourers/employees engaged by the bidder for carrying out works. The contractor shall maintain following records and shall produce on demand. (i) The list showing the details of labourers/employees engaged. (ii) Duration of their engagement. (iii) The amount of wags paid to such labourers/employees for the duration in question. (iv) Amount of EPF contributions (both employer’s & employee’s contributions) paid to the EPF Authorities. (v) Copies of Authenticated documents paid to EPF Authorities. (vi) A declaration from the bidder regarding compliance of the conditions of EPF Act 1952. 2. 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 tender/work. 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 Government of India/Financial institution nominees and independent non-official part time Directors appointed by Govt. of India or the Governor of the state, Due to any breach of these conditions by the company or firm or any other person the tender/work will be cancelled by and earnest money/security deposit will be forfeited at any stage whenever it is noticed and BSNL 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. C) The one related to the other in the manner as father, mother, son9s) Son’s wife (daughter in law), Daughter(s), daughter’s husband (son in law), brother(s) and brother’s wife, Sister(s) and sister’s husband (brother in law).

3. The contractor shall not charge any extra amount for traveling, handling and packing charges and will not be entitled to get compensation for any damage or losses in the course of execution of works nor for extra payments, e.g. charges for labour nor for loss or deterioration of materials. The contractor shall not be entitled to any other charges for Sales Tax. Service Tax will be charged separately as and if applicable.

4. No T.A./D.A. will be payable by the B.S.N.L. for visiting at different stations in the District.

5. In every case in which by virtue of the provisions of workman’s compensation act, the Bharat Sanchar Nigam Limited if obliged to pay compensation to workman employed by the contractor in execution of work, the B.S.N.L. will be entitled to recover from the contractor the amount of compensation so paid. The B.S.N.L. shall not be bound to contractor to pay any claim made against in under said act except on the written request of the contractor and upon his giving to B.S.N.L. full security for all cases for which all B.S.N.L. might become liable in consequent of contesting such claim.

13/26 Signature of bidder with seal

GMTD/BR/PLG/Tender/Repairing of Power Plants/09-10

6. The contractor shall indemnify the B.S.N.L. against all other damage charges and expenses for which the B.S.N.L. may be held liable or pay on account of the negligence of the contractor or his servants or any person under his control whether in respect of injury to the person or damages to the property at any number of the public or any other person or in executing the work or otherwise and against all claims and demands in respect thereof. 7. The B.S.N.L. is entitled to terminate the contract without assigning any reason by giving to the contractors 15 days notice of its intention to do so and on the expiry of the said period of notice the contract shall come to an end without prejudice for any right or remedy that may be accrued to either party by reason of any antecedent, breach of any term thereof, such notice may be signed on behalf of B.S.N.L. by any of the officers authorized by The G.M.T.D. Bareilly. 8. The contractor shall give warranty of at least Three (3) months from the date of its repair and if same goes faulty within warranty period the contractor shall repair the modules free of cost. 9. The G.M.T.D., Bareilly does not bind himself to accept the lowest or any tender and reserves the right to:- (I) Reject any or all tenders. (II) Accept/prefer any tender or tenders without assigning any reason and also reduce or extended the period of contract without assigning any reason. The G.M.T.D. Bareilly reserves the right to accept the tender in part or parts also.

10. The SMPS Power Plant shall be repaired at site of its installation. In case if repair is not possible at the site, SMPS Power Plant Module will be collected and returned back after repair in his workshop by the contractor. 11. No repair in any case shall be carried out/taken out components of the faulty SMPS Power Plant or cannibalizing the other SMPS Power Plant. 12. The decision of SDE in-charge of the exchange concerned shall be final on the functional acceptability of the repaired SMPS Power Plant, In case, a SMPS Power Plant received from the contractor after repair is found to be unattended/un-repaired and so intimated to the contractor within two weeks time of its receipt, the same shall be repaired free of charges and the counting of time of repair will be reckoned from original receipt of the SMPS Power Plant by the contractor for repair and penalty will be calculated accordingly. 13. The contractor shall not refuse to repair any SMPS Power Plant including burnt SMPS Power Plant on the plea of the obsolescence or unavailability of spares. 14. The contractor shall not engage any faulty SMPS Power Plant within 24 hours on the spot. If in any case due to want to spares or any items it is not possible to rectify and set right the equipment within 24 hours, it has to be set right within 96 hours of information given to the contractor. During this period when SMPS Power Plant are under repair, the contractor has to provide spare SMPS Power Plant (Min. Nos.) of same company and make for maintenance of Telecom Services. (B) In case contractor is unable to repair the SMPS Power Plant within 96 hours a penalty of Rs. 500/- (Rs. Five Hundred Only) per day (beyond 96 hours) will be imposed up to a maximum of seven (7) days. (C) In case the contractor fails to repair the faulty SMPS Power Plant within eleven (11) days, B.S.N.L. will be at liberty to get it repaired from open market and expenses incurred, including penalty will be recovered from the contractors pending bills or security deposit. 16. Components used by the contractor will be of the same make as it was in the original SMPS Power Plant.

14/26 Signature of bidder with seal

GMTD/BR/PLG/Tender/Repairing of Power Plants/09-10

17. In the event of contractor failing to execute specified work as specified in the tender up to the satisfaction of G.M.T.D. Bareilly or his nominated officer, the G.M.T.D. Bareilly reserves the right to reject or withhold payment of such work till the completion of such work to the satisfaction of G.M.T.D., Bareilly. 18. The B.S.N.L. is entitled to terminate the contract without assigning any reason by giving to the contractors 15 days notice of its intention to do so and on the expiry of the said period of notice the contract shall come to an end without prejudice for any right or remedy that may be accrued to either party by reason of any antecedent, breach of any term thereof, such notice may be signed on behalf of B.S.N.L. by any of the officers authorized by The G.M.T.D. Bareilly. 19. If any of the information furnished by the tenderer is found to be not correct at any time the contract is liable to be terminated without any notice and the earnest money/security deposit is liable to be forfeited by the G.M.T.D. Bareilly. 20. In case of damage or loss of materials while in custody of the contractor the recovery will be made from the contractor at the rates decided by the G.M.T.D., Bareilly. 21. The contractor shall deploy sufficient no. of experts at the Head Quarter, Bareilly to attend the faults along with necessary spares with give in writing their office contact nos. and Fax nos. and full address prior to signing the agreement.

15/26 Signature of bidder with seal

GMTD/BR/PLG/Tender/Repairing of Power Plants/09-10

CHAPTER – 6 Section – V SCOPE OF WORK GENERAL:-

(i) The scope of providing Repairing of Power Plants is given below. The rate sheet should be quoted at the time of submitting tender keeping in view the terms, conditions & specifications stipulated herein. (ii) Tender is for Repairing of Power Plants in Bareilly SSA.

DETAILS OF WORK:- Quantum of Work : Total no. of

The list of Exchanges is as under : S.N. Name of Exchange Make CAP. (amp) Total Modules (existing) Meerganj 1 AGRAS Select Ele. 50 Conventional 2 AMOUR HBL 25 4 3 BHITAURA Uptron 100 Conventional BR. C.B. GANJ DYNA 100 4 4 BR. C.B. GANJ 5 DHANETA Uptron 25 2 6 MEERGANJ XL Tel Ltd. 100 6 7 SHAAHI ITI 100 4 AONLA ITI 25 2 8 AONLA HC 100 2 9 AONLA –II ITI 100 8 10 ALIGANJ Amar Raja 100 6 11 BALLIA HC Com 25 4 12 Dyna 25 4 13 CHANDPUR ITI 100 4 14 DEOCHARA ITI 100 4 15 IFFCO AONLA ITI 100 4 16 RAM NAGAR Dyna 25 4 17 RAJPUR KALA Dyna 25 4 18 SIRAULI Dyna 25 4 19 VYODHANKHURD Dyna 12 Conv. 20 GULARIA UPRALA Convasil 50 4 21 BEHARI-1 ITI 100 6 22 BAHERI ITI 100 4 23 B.B.PUR Conven 12 -- 24 BHURIYAN ITI 25 2 25 DEORANIA Dyna 100 4 26 DUNKA Hima. Exi. 25 4 XL 400 4 27 JADAVPUR Telecom 28 JOKHANPUR ITI 25 4 29 KANMAN Uptron 100 4 30 KATAI MILL BAHERI Dyna 100 4 31 MANPUR Hima. Exi. 25 4 32 MUDIA NAWI BUX ITI 25 4 33 PANWARIA ITI 25 4 16/26 Signature of bidder with seal

GMTD/BR/PLG/Tender/Repairing of Power Plants/09-10

34 ITI 100 4 35 SANTOSH GOTIA Exi. Com. 25 3 36 SHEESHGARH Salora 100 4 37 SHERGARH ITI 100 4 NAWABGANJ 38 H.H.PUR MATAKALI ITI 100 5 39 KYOLADIA ITI 25 4 40 NAWABGANJ ITI 100 5 41 RITHAURA ITI 100 5 42 SAINTHAL ITI 100 5 43 CHAMRAUA ITI 25 3 PITAMBERPUR 44 PITAMBERPUR ITI 100 7 45 PITAMBERPUR Hitech Dyn. 100 4 46 BHUTA Hitech Dyn. 100 4 47 BILPUR Excel Bang 100 4 48 DHAKANI ITI 25 Conve. 49 KESERPUR H.exicom 50 4 50 KUWAN TANDA H.exicom 50 4 51 LONGPUR Reli.pow.sy 25 Conve. PREM NAGAR 52 BHOJIPURA Salora 400 4 53 BR. BANKHANA ITI 400 4 54 BR. HARTMANN ITI 400 4 55 BR. IAF GATE Amar Raja 300 3 56 BR. IAF GATE 57 BR. PREM NAGAR ITI 400 4 58 DHAURATANDA ITI 400 4 CANTT 59 BR. CANTT HFCL 100 8 60 BR. CANTT 61 BR. MARINATH Amar Raja 100 4 62 BR. MARINATH 63 BR. SUBHASH NAGAR SMPS 100 5 64 BR. LAL PHATAK Singhal 100 4 (City) 65 BR. CHOUPLA HECL 1600 8 66 BR. CHOUPLA NSCL Nasi FR-600 con. -- 67 BR. QUILA Amar Raja 100 4 SHYAMGANJ 100 68 BR SANJAY COMM. HALL Amar Raja 100 3 69 BR SOOFI TOLA Amar Raja 100 3 70 BR T.P. NAGAR ITI 100 3 71 BR. UNIVERSITY Amar Raja 100 4 RAJENDRA NAGAR 100 72 BR. DURGANAGAR Amar Raja 100 3 73 BR RAJENDRA NAGAR HFCL 100 5 74 BR RAJENDRA NAGAR Amar Raja 100 4 75 BR RJN 'A' BLOCK Amar Raja 100 3 76 BR RAJENDRAN NAGAR Amar Raja 100 8 77 BR. NORTH CITY ITI 100 4

17/26 Signature of bidder with seal

GMTD/BR/PLG/Tender/Repairing of Power Plants/09-10

CHAPTER – 7 Section - VI

Declarations Regarding Near Relationship with BSNL Employee

I ………………………………..……… s/o ……………………………..… r/o ………………………………………….……………………. hereby certify that none of any relative(s) as defined in the tender document is/are employed in BSNL unit as per details given in tender document. In case at an state, 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.

Dated this …………….. day of …………………. 2009

Signature …………………………………………. Name in full : ……………………………………... Signed as : …………………………………………

18/26 Signature of bidder with seal

GMTD/BR/PLG/Tender/Repairing of Power Plants/09-10

CHAPTER – 7 Section - VII

LETTER OF AUTHORISATION FOR ATTENDING BID OPENING

(To reach AGM (Plg) before date of bid opening)

To, AGM (Plg) Bharat Sanchar Nigam Limited O/o GMTD CTO Compound, Cantt., Bareilly - 243001

Sub: Authorization for attending bid opening on ……………………….. (Date) in the Tender of …………………………………………………………….

Following persons are hereby authorized to attend the bid opening for the tender mentioned above on behalf of …………………………………………………………. (Bidder) in order of preference given below.

Order of Preference Name Specimen Signature ------I.

II.

Alternate Representative

Signature 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 received.

19/26 Signature of bidder with seal

GMTD/BR/PLG/Tender/Repairing of Power Plants/09-10

CHAPTER – 7 Section - VIII

ACCEPTANCE OF ADVANCE WORK ORDER (FORMAT)

From : M/s

To

Assistant General Manager (Plg) O/o General Manager Telecom District, CTO Compound, Cantt., Bareilly - 243001

Subject: Supply of ...... …………………………….…….. ……………………….…………......

Ref.: Your Advance Work Order No...... …………………………………………….…………….... …………………………...... Dated ……………

Dear Sir, We acknowledge receipt of your above Advance Work Order on ...... … We accept the Advance Work Order and terms and conditions as mentioned therein unconditionally.

Dated: Yours faithfully,

Signature Name in Block letters:

In the capacity of:

Director/Manager/Partner/Proprietor

Of the firm

20/26 Signature of bidder with seal

GMTD/BR/PLG/Tender/Repairing of Power Plants/09-10

CHAPTER-8 Section - IX QUESTIONNAIRE

(SECTION-VIII)

TECHNO-COMMERCIAL BID SUBMISSION FORM

(to be retyped on bidder’s letter head) Name and Postal Address of the tenderer Status of the tenderer (i) Proprietorship concern (ii) Partnership firm (iii) HUF (iv) Limited Company Name of person or authorized signatory submitting the tender, other documents and empowered for correspondence with BSNL Bid Security Particulars Sl. No. DD Amount Name of Bank Branch No.

ITCC /PAN Details Certificate no: Dated:

Validity Period From …………….. To ……………………

Issued by : Telephone numbers (with STD Office: Residence: Fax: Code) of authorized signatory Mobile: E-mail: Name (s) of Proprietor/all Partners/ all Directors

Bidder’s Reference No: Dated:

To, The AGM(Plg) O/o GMTD CTO Compound, Cantt., Bareilly - 243001

Reference:- Tender No:

21/26 Signature of bidder with seal

GMTD/BR/PLG/Tender/Repairing of Power Plants/09-10

Dear sir,

1. Having examined the conditions of contract including addendas and the receipt of which is hereby duly acknowledged, we undersigned, offer to execute the work of AMC and repairing of Window/Split AC’s in conformity with the conditions of contract and specifications attached herewith and made part of this Bid, in the Bareilly Telecom District.

2. We undertake, if our Bid is accepted, to commence deliveries all the goods and services specified in the contract as per your work order.

3. We agree to abide by this Bid for a period of 150 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.

4. Until a Work Order of 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.

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

6. We also declare that all the information and documents furnished by us are true and correct.

7. If our Bid is accepted, we will furnish performance security for an amount equal to 10% of the value of Work Order for due performance of contract.

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

Dated this ……………….. Day of …………………. 2009

Signature of the bidder Or Officer authorized to sign the Bid Documents on the behalf of the Bidder (Name in Block Letters of the Signatory) In capacity of ………….. Duly authorized to sign the bid for and on behalf of ……….. Witness ………….. Address…………….

Note:- In case of authorized signatory the authorization letter on letter head of the firm must accompany.

22/26 Signature of bidder with seal

GMTD/BR/PLG/Tender/Repairing of Power Plants/09-10

CHAPTER- 8 Section - X QUESTIONNAIRE

If the bidder wants to give any suggestion for betterment of the project, he can feel free to give his suggestions. The GMTD Bareilly is not bound to consider the suggestions.

SUGGESTION:-

23/26 Signature of bidder with seal

GMTD/BR/PLG/Tender/Repairing of Power Plants/09-10

BHARAT SANCHAR NIGAM LIMITED

Bid Document ( FINANCIAL )

Tender for Repairing of Power Plants

Tender No. GMTD-BR/Plg/Tender/ Repairing of Power Plants/2009-10 O/o General Manager Telecom District Bareilly

O/o the GMTD Bareilly

24/26 Signature of bidder with seal

GMTD/BR/PLG/Tender/Repairing of Power Plants/09-10

CHAPTER-9

FINANCIAL BID FORM

Tender No. :- GMTD/BR/Tender/ Repairing of Power Plants/09-10 Date ….……2009 To, AGM (Plg) Bharat Sanchar Nigam Limited O/o GMTD CTO Compound, Cantt., Bareilly - 243001

Dear Sir,

1 Having examined the conditions of contract and specifications including addendas and the receipt of which is hereby duly acknowledged, we undersigned, offer to execute the work of Repairing of Power Plants in conformity with the said drawings, conditions of contract and specifications for the sum shown in the schedule of prices attached herewith and made part of this Bid. 2 We undertake, if our Bid is accepted, to commence and complete deliveries of all items specified in the contract as per your work order. 3 If our Bid is accepted, we will furnish the performance guarantee for a sum equal to 10% of the contract value for the due performance of the contract. 4 We agree to abide by this Bid for a period of 150 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 work order of 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 sealed and prepared so as to prevent any subsequent alteration and replacement. 7 We also declare that all the information and documents furnished by us are true and correct. 8 We understand that you are not bound to accept the lowest or any bid, you may receive.

Dated this ………………….day of …………………..2009 Name and Signature ……………………… In the capacity of …………………………. Duly authorized to sign the bid for and on behalf of ………………………………… Witness ………………………………..

Address ……………………………….

Signature ……………………………..

25/26 Signature of bidder with seal

GMTD/BR/PLG/Tender/Repairing of Power Plants/09-10

CHAPTER-09 Section XII- (FINANCIAL BID) QUOTATION OF RATES FOR REPAIRING OF POWER PLANTS To, AGM (Plg) O/o GMTD, Bareilly CTO Compound, Cantt., Bareilly - 243001

Sub:- Repairing of Power Plant Modules in Bareilly.

Dear Sir, With reference to above tender, I/We hereby submit my/our rates as per details below.

Rates are inclusive of all taxes and levies Transportations etc ( Excluding Service Tax as applicable.)

Approx Rate of Repairing Total Qty. per Module (in Rs.) T=Q x R (In Rs.) SN Description of In ( R ) In ( R ) work (Q) Figures In Words Figures In Words

Repair (One Time) 1. of 25 Amp. SMPS 25 Power Plant (Complete Module) Repair (One Time) 2. of 50 Amp. SMPS 50 Power Plant (Complete Module) Repair (One Time) 3. of 100 Amp. SMPS 130 Power Plant (Complete Module) Repair (One Time) 4. of 200 Amp. SMPS 10 Power Plant (Complete Module) Total=

1. No columns R & T be left blank) 2. We have read all the terms & conditions of the above tender and agree to abide by the same.

Date:- ………………… Signature of bidder with seal Or Officer authorized to sign the bid Document on behalf of the bidder 26/26 Signature of bidder with seal