Bharat Sanchar Nigam Limited s7

BHARAT SANCHAR NIGAM LIMITED (A Govt. of India Enterprise) O/o. THE GENERAL MANAGER TELECOM DISTRICT, SANCHAR BHAWAN, ADMN BUILDING, PILAJI GANJ, MEHSANA – 384001

Tender No. MM/Tender/Mehsana/2013-14/03 Dated 05/07/2013

TENDER DOCUMENT

FOR PRINTING OF

ALL REGULAR BILLS AND DETAILED BILLS

IN THE JURISDICTION OF MEHSANA TELECOM DISTRICT

FOR THE PERIOD OF ONE YEAR

EMD: Rs. 41900/-

Date of opening of Tender: - 26/07/2013 at 15:00 hrs.

TENDER FORM Price Rs. 500/- (non refundable)

Signature of the Tenderer Page No. 1 of 42 BHARAT SANCHAR NIGAM LIMITED Office of the General Manager, (A Govt. of India Enterprise) Telecom District, MEHSANA

Section – I

NOTICE INVITING TENDER

No: MM/Tender/Mehsana/13-14/03 Dated at Mehsana the 05/07/13

On behalf of Chairman and Managing Director, Bharat Sanchar Nigam Limited, the General Manager Telecom District, BSNL, Mehsana are invited Wax Sealed / PVC tapped Tenders for “Bill Printing of Mehsana Telecom District (Mehsana SSA)” from reputed contractors having experience for the similar job for one year during last five years from any Government, Semi Government, Corporate clients. Details are as follows.

1 Name of Work All regular Bills and Detailed bill printing in Mehsana SSA 2 Designation & Address of the General Manager Telecom District, authority of inviting Tender Mehsana 3 Tender No. & Date MM/Tender/Mehsana/13-14/03 Dated 05/07/2013 4 Last Date of Sale of Tender Upto 13:00 hours of 26/07/2013 5 Last Date of Submission of Upto 14:00 hours of 26/07/2013 Tender 6 Date & Time of Opening of 15:00 hours of 26/07/2013 Tender Document 7 Estimated Cost of Work (one Rs. 1675000/- year) 8 Bid Security (EMD) Rs. 41900/- 9 Period of Contract One year from the date of agreement Intending eligible bidders can obtain Tender Document from SDE (MM), O/o GMTD, 2nd floor, Sanchar Bhawan, Admn Building, Pilaji Ganj, Mehsana-384001 on payment of Rs. 500/- (Rupees Five Hundred only) (Non refundable) on all working days up to 13:00 hrs of 26/07/2013. Tender Document can also be downloaded from our website www.gujarat.bsnl.co.in In case of down loaded Tender, it must be accompanied by DD/Pay order/banker’s Check of Rs. 500/- as a cost of Bid documents in favour of AO (Cash), BSNL, O/o GMTD, Mehsana payable at Mehsana. Bid Security (EMD) can be paid in the form of cash/pay order/check or crossed demand draft issued by any Nationalized/Scheduled Bank in favour of AO (Cash), BSNL, O/o GMTD, Mehsana payable at Mehsana. GMTD, Mehsana reserves the right to accept or reject any or all the Bids without assigning any reason whatsoever. Asst.General Manager (MM) O/o, GMTD, Mehsana-1

Signature of the Tenderer Page No. 2 of 42 Section – II No: MM/Tender/Mehsana/13-14/03 Dated at Mehsana the 05/07/13

INSTRUCTIONS TO THE BIDDERS

1. DEFINITIONS:

i) "The Purchaser" means the GMTD, Mehsana. ii) "The Bidder” means an individual or the firm who participates in this tender and submits its bid. iii) "The Supplier” means an individual or the firm providing services under the contract. iv) "The Services" means printing of bills, detailed bills or any other documents and post print operations. v) "Letter of Intent (LOI)” means the written communication to the successful tenderer of the intention of the purchaser for the purchase of the services as per the purchase order read with the tender documents. vi) "Purchase Order" means the written order signed by the purchaser for the purchase of services after the LOI has been accepted by the successful bidder. It shall include all the attachments and appendices thereto and all the documents incorporated by the reference therein. This, along with the letter of Intent and tender documents shall constitute the contract. vii) "The Contract Price” means the price payable to the supplier under the purchase order for the full and proper compliance of his contractual obligations. viii) The records, terms and expressions not specifically defined herein or in the tender documents shall have the same meaning assigned to them in the Indian Sale of Goods Act, 1930 or the Indian Contract Act., 1872 or the General Clause Act, 1897 as the case may be. The Head notes are not guidance only and shall not affect the interpretation or construction of any provision thereof and in the tender documents. ix) “ABF-Amount Billed For” means amount for which the bill is issued. x) “Print Impression” means printing on one side of paper.

2. Eligibility to bid

The eligible bidder shall be an individual/Partnership firm or an Indian company having the requisite experience in variable data bill printing, and shall provide documentary proof of providing similar services to large Government/semi-Government/Corporate clients, and have the

Signature of the Tenderer Page No. 3 of 42 experience in printing of minimum 50,000 bills per month for one year during last five years.

3. Expenditure on tendering

The bidder shall bear all the costs associated with the preparation and submission of his bid(s). The purchaser, will in no case, be responsible or liable for any cost(s), regardless of the conduct of the process.

4. The Tender Documents i) The bidding procedure, terms & conditions of the contract and the services proposed to be purchased are described in the tender documents, which comprise the following: -

* Tender Notice Section-I * Instructions to the Bidders Section-II * General Conditions of the contract Section-III * Special Conditions of the Contract Section-IV * Scope of work Annexure-II * Technical Specifications Section-V * Form "A"(Eligibility to bid) Annexure-III * Declaration & List of enclosures Annexure-IV * Price bid (Financial Quote) Section-VI * Bid security (EMD) form Section-VII * Performance Security form Section-VIII * Summary and Check List Annexure-V * Declaration Annexure VI (A&B) * Sample of bills Annexure VII * Agreement Annexure-VIII * Integrity Pact Annexure-IX ii) The bidder shall examine all the forms, instructions, terms & conditions and specifications in the tender documents. The failure to furnish all information required as per the tender documents or submission of bids not substantively responsive to the tender document shall be at the bidder's own risk and liable to summary rejection.

5. Clarification of Tender Documents i) A prospective bidder, requiring any clarification(s) of tender documents may notify the Purchaser in writing or by fax or cable at the Purchaser's mailing address. The purchaser may, if necessary, respond in writing to such request(s) for clarification(s) of the tender documents, if received not later than 15 days prior to the last date for the submission of the bids. The copies of the query (without identifying the source) and clarification(s) by the purchaser shall be sent to all the prospective bidders who have purchased the tender documents. ii) No request for post-bid clarifications shall be entertained.

Signature of the Tenderer Page No. 4 of 42 6. Amendment to the Bid documents i) The purchaser, for any reason, whether at its own initiative or in response to the clarification(s) sought by the prospective bidder(s) may, at any time, prior to the last date for submission of the bids, amend the bid documents, All such amendments shall be notified in writing or by FAX to all the prospective bidders who have purchased the tender documents. These modifications /amendments shall be binding on all concerned. ii) To allow the prospective bidders responsible time for preparing the bids after taking into account the modification(s)/amendments. The purchaser, at its discretion, may extend the date for submission of the bids.

7. Preparation of Bids

7.1 The documents to be furnished: The bids prepared by the bidder shall comprise the following documents: i) Documentary evidence established in accordance with clause 7.4 indicating that the bidder is eligible to bid and is qualified to perform the contract if his bid is accepted. ii) Bid Security furnished in accordance with clause 8. iii) A clause-by-clause compliance to the tender documents and the services asked as per clause 7.5 iv) Bid form (Annexure-III) and price schedules (Section-VI) complete in all respects and in accordance with the clause 7.3 & 7.4

7.2 Completion of Tender Form i) The bidder shall complete the tender form and the appropriate Price Schedule in manner prescribed in the format included in the tender document only, clearly indicating the services to be provided, a brief description thereof and the quantity and prices. ii) The offers of the bidder(s) who have not purchased the tender documents, the bids not accompanied by bid security (wherever necessary) and the bids without the letter of Authority (wherever required) are liable to summary rejection.

7.3 Bid Prices i) The bidder shall give the unit prices, total bid prices and other prices of the services it proposes to provide under the contract as per the price schedule included in the tender documents. Prices shall be entered in the price schedule in the following manner: -

Signature of the Tenderer Page No. 5 of 42 a) The supplier shall specify details of the items and shall quote, as per price schedule given in the tender documents, for such items (applicable or essential for utilizing the system) forming part of the system. The prices as shown should be all inclusive i.e. duties, taxes, levies etc except service tax which will be paid, if applicable, on production of requisite information and documents required by BSNL. ii) The prices quoted by the bidder shall remain firm during the entire period of the contract and shall not be subject to variation on any account. The bid submitted with variable prices (unless asked by the G. M.T.D., Mehsana) shall be rejected as a non- responsive bid. iii) The unit prices shall be quoted with sufficient details to enable the purchaser to arrive at total prices of the work involved. iv) The consolidated costs should be quoted in Section-VI

7.4 DOCUMENTS ESTABLISHING BIDDER’S ELIGIBILITY AND QUALIFICATIONS: - i) The bidder shall furnish, as part of bid documents, the documentary evidence establishing his eligibility as an Individual (Proprietor)/Partnership firm or an Indian company having the requisite experience in variable data bill printing and shall provide documentary proof of providing similar services to Government/Semi Government/Corporate Clients having printing of minimum 50000 bills per month for one year during last three years. ii) The bidder shall also furnish the documentary evidence that he has the financial, technical and production capabilities that are necessary to perform the contract in the form `A' (Annexure-III). iii) In order to enable the purchaser to assess the proven ness of the services offered, the bidder shall provide documentary evidence with details such as the administration, where and for what period such. iv) The bidder shall have to give the declaration in Annexure-VI-A in bid documents.

7.5 DOCUMENTS ESTABLISHING THE CONFORMITY WITH THE TENDER DOCUMENTS & SERVICES OFFERED: i) Pursuant to Clause 7.1 (iii), the bidder shall furnish as part of his bid, all documents that shall establish the conformity with the tender documents and services asked.

a) A clause-by-clause compliance to the Purchaser's Technical Specifications and Commercial Conditions to demonstrate substantive responsiveness to the same. b) Statement of deviations and exceptions if any and the details thereof to the provisions of the commercial conditions.

Signature of the Tenderer Page No. 6 of 42 ii) For the purpose of compliance, pursuant to the clause 7.5 (b & c), the bidder shall note that standards for workmanship, material designated by the Purchaser in the Technical Specifications are intended to be descriptive only and not restrictive.

8. BID SECURITY i) The bidder shall furnish, as part of his bid, a bid security for an amount as per NIT. ii) The bid security is required to protect the Purchaser’s interests against the risk of bidder’s conduct, which would warrant forfeiture of the security pursuant to the clause 8(x). iii) The bid security shall be furnished in one of the following manners only:

a) In cash or Demand Draft/Pay Order/Check drawn on any Nationalized bank/schedule, in favor of The AO (Cash), BSNL, O/o G.M.T.D., MEHSANA and payable at Mehsana. Or Bank Guarantee issued by a Nationalized/Schedule Bank in favour of AO (Cash), BSNL, O/o G.M.T.D., Mehsana, valid for a period of 180 days from the date of opening of tender.

b) Bid security should form part of technical offer only. iv) Amount or amounts payable if any to the bidder or the bid security furnished by the bidder in respect of an earlier bid shall not be adjustable against this bid, unless specified otherwise as a special condition by the purchaser. v) No other bidder (except as specified under para (iv) above shall be exempted from the requirement of bid security. vi) A bid not secured in accordance with para 8(i) shall be summarily rejected at the time of bid opening as a non-responsive bid. vii) The amount deposited as bid security shall carry no interest during the entire period it remains with GMTD, Mehsana. viii) The bid security of the unsuccessful bidder(s) shall be refunded only after the successful completion of the tender process. To expedite refund bidders are advised to enclose a pre-receipt with the bid. ix) The bid security of the successful bidder(s) will be discharged upon the bidder's acceptance of the purchase order and on furnishing the performance guarantee. x) The bid security shall be forfeited: -

Signature of the Tenderer Page No. 7 of 42 a) If a bidder withdraws his bid during the period of bid validity as specified by the bidder on the Bid form. OR b) In the case of a successful bidder, if the bidder fails to sign the contract and/or fails to furnish performance guarantee in accordance to the relevant clauses of the tender document(s).

9. PERIOD OF VALIDITY OF BIDS

9.1 A bid shall remain valid for 120 days after the date of opening of bid(s). A bid valid for a shorter period shall be rejected as a non-responsive bid.

9.2 In exceptional circumstances, the Purchaser may seek the bidders’ consent for extension of the period of validity of bid(s). The request and the responses thereto shall be made in writing. The bid security provided under clause 8 shall also be suitably extended. A bidder shall, however, has the right to refuse for an extension without any risk to his bid security. A bidder conceding to the request for extension of time shall, however, not be permitted to modify his bid.

10. FORMATS AND SIGNING OF BID

10.1 Format of Bid i) The bidder shall separately prepare the Part-A Technical Bid and Part-B the Price Bid, dully signed by the authorized person. i ii) The Tender document purchased from the SDE (MM), O/o G.M.T.D., Mehsana or down loaded (with tender form fee) should be filled, failing which the bid will be summarily rejected. The bidder should sign form or a person or person(s) duly authorized to sign the bid. All pages of the original bid, except for un amended printed literature shall be installed by the person or persons signing the bid. iii) 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 initialed by the person or persons signing the bid. iv) The eligible bidder shall be an individual or an Indian company having the requisite experience in bill printing.

PART A: Technical Bid. a) Original tender document except Price-Bid (Section VI) and performance security form (Section VIII) completely filled in and signed by the authorised signatory with seal/stamp. b) Bid security of an amount as per NIT. c) Sample of paper for bills to be printed. d) Experience certificate as per tender documents. (Attested copy) e) Power of attorney (original or attested copies) in favour of person(s) who has (ve) signed the tender documents, wherever required.

Signature of the Tenderer Page No. 8 of 42 f) Copy of the partnership deed in case of partnership firm. (Attested copy) g) The technical bid should give the details of the solution offered. The details should include the specifications of all the work proposed in the solution. h) Declaration in Annexure-VI-A & VI-B in bid document.

PART B: Price Bid: a) The price bid constitutes prices filled in the Section-VI. The prices should be given in figures and words. In case of any difference between figures and words, the rate in words will prevail. No over writing is allowed. The price as shown should be all-inclusive i.e. Duties, taxes, levies etc. except service tax (if applicable) on production of requisite document and registration certificate b) The prices are for free delivery at designated sites decided by G.M.T.D., Mehsana. No additional freight and forwarding charges will be paid. c) Any confusion in this regard can be clarified with AGM (MM) o/o the GMTD Mehsana, by meeting in person or on phone No. 02762 222900 (Office).

10.2 Signing of Bid i) Individuals signing the bid or the other documents connected with the contract shall indicate their full name below their signatures. He/They shall also specify whether he/they is/are signing as: - a) A sole proprietor of the firm or his constituted attorney(s). b) Partner(s) in the firm, in which case he/they must have the authority to represent the firm, either by virtue of the partnership agreement or by the power of attorney, for arbitration of dispute(s) concerning the business of the said partnership firm. c) Constituted attorney of the firm in case of it being a company. ii) In case of partnership firm a copy of the partnership deed (agreement) and/or general power of attorney duly attested by a Notary Public shall accompany. iii) A person signing the bid form or any document forming the part of the contract on behalf of another person shall be deemed to be having authority to sign the document. If however, found to be otherwise the GMTD Mehsana may, without prejudice to other civil and criminal remedies, cancel the contract at the risk and cost of such person and hold him liable for all costs and damages arising from the cancellation of the contract including any loss which the GMTD Mehsana may suffer on account of execution of contract/intended contract.

11. SUBMISSION OF BIDS i) The bidder shall put the technical bid and the price bid in separate (inner) envelopes super scribed as “Technical Bid” and “Price Bid” respectively. Both the above envelopes should be wax sealed/PVC tapped and they will further be put in an outer envelope, which should be wax sealed/pvc Tapped and shall be super scribed as “Tender for bill printing in Mehsana SSA”.

Signature of the Tenderer Page No. 9 of 42 ii) Tender should be addressed to the Purchaser at the following address: - AGM (MM), O/o GMTD, 2nd Floor, Sanchar Bhawan, Admn Building, Pilaji Ganj, Mehsana – 384001. iii) The inner and the outer envelopes shall also bear the name and address of the bidder at the lower left hand corner so that the bid can be returned unopened in case it is declared "RECEIVED LATE". iv) Outstation Tenders, if any, shall either be sent by Registered Post or delivered in person. The responsibility for ensuring that the bids are delivered in time and at the correct address shall rest solely with the bidder(s). Bids delivered in person shall be delivered to the AGM (MM), O/o GMTD, 2nd Floor, Sanchar Bhawan, Admn Building, Pilaji Ganj, Mehsana – 384001 on or before the date and time specified in NIT. The purchaser shall not be held responsible in any way about the bids that are delivered elsewhere and /or after the last date and time for receipt of bids. v) The Purchaser shall assume no responsibility for the misplacement of the bid(s) or premature opening thereof if the outer envelop is not wax sealed/pvc Tapped and marked as required under para 11(i).

12. LAST DATE AND TIME FOR SUBMISSION OF BIDS i) All bids shall be received by the Purchaser at the address specified under para 11(i) to (vi) not later than the date and time specified in NIT. ii) The Purchaser may, at its discretion, extend the date and time for the submission of bids by amending the Bid Documents in accordance with clause 6(i) in which case all rights and obligations of the Purchaser and bidders shall be subject to the extended date and time.

(iii) Any bid received after the specified date and time for submission of bids shall be rejected and returned unopened to the bidder(s).

13. MODIFICATIONS AND WITHDRAWAL OF BIDS i) The bidder(s) may modify or withdraw a bid after submission provided that the written notice for the modification(s) or withdrawal is received by the Purchaser prior to the last date and time prescribed for submission of bids. ii) The notice for modification or withdrawal shall be prepared, sealed, marked and dispatched strictly in accordance with provisions of clause 11 & 12. A notice for withdrawal may also be sent by FAX but followed by a signed confirmation copy, postmarked not later than the deadline for submission of bids.

14. BID OPENING i) The bids shall be opened on date and time as specified under NIT, in the presence of such bidder(s) or their authorized representatives who may be

Signature of the Tenderer Page No. 10 of 42 present. The bidder(s) or the authorized representative(s) who are present shall sign an attendance register. The authorized representative(s) of the bidder(s) shall submit letter(s) of authority before they are allowed to sign the attendance register and participate in the bid opening. ii) For any bidder not more than two (2) persons shall be allowed to attend the bid opening. iii) Only Technical Bids (Part "A") will be opened on the date specified for the opening of the bid in NIT. Price Bid (Part "B") will be opened on the specified dates conveyed to the bidders by the purchaser.

15.1 SUMMARILY REJECTION OF BIDS

One or more of the following reasons/omissions will render a bid liable to summarily rejection. i) Bid received late without conclusive proof that it was actually delivered before the specified closing time. ii) A bid, unless exempted specifically, not accompanied by required bid security along with Technical bid as required by Clause 8 (iii). iii) Bid from a bidder who has not purchased the bid document iv) A bid not accompanied by a power of attorney to authorize to sign and bind the signatory. v) A bid, not accompanied by a documentary proof having the requisite experience in bill printing. vi) Bid received unsealed. vii) Conditional bid or bid received with validity for a short period than prescribed in clause 9.1 viii) Bid in which rates have not been quoted in the manner specified in the bid form. ix) Non receipt of clarification in time as required under clause 16 below. x) Influencing the evaluation of bids vide clause 17 below.

15.2 Protective Clause:

The purchaser reserves the right to disqualify such bidders who have a record of not meeting the contracted obligations against earlier contracts entered into with the purchaser.

15.3 Inspection of the site of the bidder:

The committee constituted by the GMTD Mehsana may visit the site of the bidder to see his capability to carry out the job.

16. CLARIFICATION OF BIDS

In the process of examination, evaluation and comparison of bids, the Purchaser may, if necessary ask the bidder(s) for clarifications(s) of the bid(s). The request for such clarification(s) and the response thereto shall be in writing. In case of no response from a bidder his bid is liable to summarily rejection.

Signature of the Tenderer Page No. 11 of 42 17. INFLUENCING THE EVALUATION OF BIDS & AWARD OF CONTRACT

No bidder shall attempt to influence the Purchaser on any matter relating to the tender(s). Any attempt to influence the purchaser in the evaluation and comparison of the bid(s) and in award of the contract shall result in summarily rejection of the bid(s) of such bidder(s).

18. PRELIMINARY EVALUATION i) To determine clause-by-clause compliance, the bids shall be evaluated in respect to the substantive responsiveness of otherwise. Thereafter the evaluation shall be done for the substantively responsive bids only. ii) A substantively responsive bid is one that conforms to all the terms and conditions of the Tender Documents without material deviations. The bid's responsiveness shall be based on the contents of the bid itself without recourse to any extrinsic material. iii) A bid determined as substantively non-responsive shall be rejected. The bidder(s) shall not be permitted to make corrections to make such bid(s) substantively responsive. iv) The purchaser is not bound to accept the lowest or any tender and reserves to himself the right to accept the whole or any part of the tender and of allotting the quantities offered. The bidders shall supply the quantities as decided by the purchaser at the approved rates. v) The terms and conditions in the acceptance of tender (Purchase Order), if in conflict with those in NIT then NIT shall prevail. Ambiguity or discrepancy, if any, however, shall be explained and adjusted by the purchaser. vi) The purchaser may waive minor non-conformance or irregularity(s) in a bid, which does not constitute a material deviation, provided such a waival, does not prejudice or affect the relative ranking of the bid(s).

18.1 Arithmetical error, if any, shall be rectified in the following manner:

a) If there is a discrepancy between the unit price and the total price that is obtainable by multiplying the unit price with quantity, the unit price shall prevail and the purchaser shall correct the total price accordingly.

b) If there is a discrepancy between words and figures, the amount in words shall prevail.

c) If there are errors in the calculations (from %) of Govt. levies and taxes the same will be corrected by the purchaser.

d) If there is discrepancy in %, figures and words in respect of maintenance support or any other charges other than Govt. taxes/ levies the amount indicated in words will prevail in that order.

Signature of the Tenderer Page No. 12 of 42 19. COMMERCIAL EVALUATION OF SUBSTANTIVELY RESPONSIVE BIDS i) The bids previously determined to be substantively responsive only shall be evaluated commercially and compared in detail. ii) The ranking shall be based on the total monthly cost ascertained as per formula provided in Section IV inclusive of all taxes, freight and insurance, if any and the cost of maintenance support. iii) Based on the merits of each case, the distribution of tendered quantity amongst the bidder(s) whose bids are found to be technically and commercially acceptable shall be determined by the purchaser. iv) The purchaser shall have the sole discretion in determining the number of suppliers on whom the purchase orders shall finally be placed. If multiple bids are accepted, the terms and conditions offered to the lowest shall also apply to the higher bids.

20. RIGHT TO VARY THE QUANTITIES i) The purchaser shall reserve the right, at the time of award of contract, to increase or decrease the quantity by up to 25% of what is specified in the schedule of quantities without any change in unit price or other terms and conditions. ii) The vendor shall regulate the delivery of ordered goods/ services as per written instructions from the purchaser. iii) The purchaser may also place add-on order(s) up to a max. of 25% of the tendered quantities in one or more lots over a contract period from the date of acceptance of the LOI by the bidder.

21. RIGHT TO ACCEPT/REJECT ANY OR ALL BIDS

The Purchaser is not bound to accept the lowest or any other bid and reserves the right to accept or reject any bid, and to annul bidding process and reject all bids, at any time prior to the award of the contract without assigning any reason(s) whatsoever and without thereby incurring any liability towards the affected bidder(s) on this ground.

22. NOTIFICATION TO THE SUCCESSFUL BIDDER (S) i) Before the expiry of the validity of bid, the Purchaser shall notify the successful bidder(s), in writing by registered letter or by fax, (to be confirmed in writing by registered letter) about the acceptance of the successful bid(s). ii) The bid security of the successful bidder(s) shall be discharged only after the performance security is furnished by such bidder(s). 23. LETTER OF INTENT (LOI)

Signature of the Tenderer Page No. 13 of 42 i) The letter of intent shall constitute the intention of the Purchaser to place a purchaser order on the successful bidder(s). ii) The bidder shall, within 15 days of the issue of the LOI, communicate his acceptance and shall also furnish performance security in conformity with the bid documents. iii) Failure to comply with the requirement of clause 23(ii) shall constitute sufficient ground for the annulment of the acceptance of the bid and forfeiture of the bid security in which event the Purchaser shall feel free to place orders on any other bidder(s) or call for fresh bids.

24. AWARD OF CONTRACT AND ISSUE OF PURCHASE ORDER

24.1 ISSUE OF WORK ORDER i) The purchaser may consider placement of a order for services on those bidder(s), whose offers have been found technically, commercially and financially acceptable and whose product(s) have been found proven. ii) The Work Order will be given by CAO concern to the Contractor after carried out successful agreement with the BSNL. Contractor has to submit the PSD to AGM (MM), BSNL, O/o, G.M.T.D., Mehsana. iii) During the period of contract, if so desired by the purchaser, the supplier(s) shall visit the purchaser at such place and date as may be prescribed by the purchaser for discussions on design(s) and progress of the work etc. at his own cost and means.

24.2 PRICE FOR ORDERING i) The approved prices shall remain valid for the period of contract. Any variation of taxes and duties shall not affect the prices during the contract. However , the burden of increased taxes/duties, if any, shall be borne by the supplier(s).

25. RIGHT TO CANCEL THE CONTRACT

The purchaser shall have the right to cancel the contract wholly or in part in the event he is obliged to do so on account of any decline, diminution, curtailment or stoppage of the work(s). In that event, this will be mutually discussed and settled depending upon the status of the contract.

Signature of the Tenderer Page No. 14 of 42 Section – III No: MM/Tender/Mehsana/13-14/03 Dated at Mehsana the 05/07/13

GENERAL CONDITIONS OF CONTRACT

1. APPLICATIONS

These conditions shall apply in the contract made by the purchaser for the procurement of services.

2. STANDARD

The services supplied under this contract shall conform to the standards mentioned in the Technical Specifications.

3. PERFORMANCE SECURITY DEPOSIT (PSD)

3.1. The supplier, within 15 days of the receipt of the Letter of Intent (LOI), shall furnish performance security

3.2 The proceeds of the performance security shall be payable to the Purchaser as compensation for any loss resulting from the supplier’s failure to complete its obligations under the contract.

3.3 The successful tenderer shall provide a Performance Security Deposit of 10% of estimated value as per NIT for the period of Twenty four (24) months as Security Deposit in the form of Bank guarantee in the format as per Section- VIII or by a Demand Draft drawn from any Nationalized/schedule Bank in favour of AO (Cash), O/o G.M.T.D., Mehsana. When paid by DD, the Security Deposit carries no interest & refundable only after completion of the contract awarded to Contractor. If Security Deposit is paid in the form of Bank Guarantee, the validity period of the same shall be twenty-four months initially. Failure in payment of Security Deposit will entail forfeiture of EMD.

3.4 The G M T D Mehsana has right to encase the Bank Guarantee in case of delay/failure to complete/perform the job within the given period or breach of any clause of this document.

4. INSPECTIONS AND TESTING

4.1 The purchaser or its representatives wherever desired have the right to inspect and test the goods for their conformity to the specifications. The technical specifications shall specify what inspections and test the Purchaser shall conduct and where they shall be conducted. Where the purchaser decides to conduct such tests on the premises of the supplier or its subcontractor(s), all reasonable facilities and assistance like testing Instruments and other test gadgets including access to drawings and production data shall be provided to the inspector(s) at no cost(s) to the Purchaser.

Signature of the Tenderer Page No. 15 of 42 4.2 Should the service fail to conform to the specifications, the purchaser may reject them and the Supplier shall either replace the rejected service or make alterations necessary to meet the specifications at his own cost before re- offering the same for further inspection.

4.3 If any equipment or part thereof, before it is taken over is found to be defective or fails to fulfill the requirements of the contract, the inspector shall give the supplier notice setting forth details of such defect(s) or failure(s) and the supplier, shall remove the defects or replace the service to ensure full compliance with the requirements of the contract forthwith and in any case within a period not exceeding three months of the initial report. The supplier free of all charges at site shall make these replacements. Should it fail to do so, the Purchaser shall reserve the right to reject and/or to get the replacement, at the cost of the supplier, the whole or part of the equipment as the case may be. The cost of all such requirement(s) i.e. non-replaced rejected service shall be deducted from the amount payable to the supplier. The decision of the purchaser shall be final for considering the service as defective/rejected.

4.4 Inspection and testing shall be as per provisions in the General Specifications.

4.5 The testing will include the

(a) Quality of paper & printing (b) Content of the bill & Call details.

4.6. A bill be called a wrong bill if,

a) Figures specified in the bill are wrong. b) Variation in no of call details i.e. reducing or increasing the call details. c) Quality of paper or printing is not adequate. d) Bills not printed according to the approved format.

A wrong bill can be identified by (a) Making the sample check by the officer of BSNL (b) Complaint from the subscriber

In case of wrong bill the Contractor will have to reprint the bill and any cost implication due to delay will have to be borne by the Contractor. However if such practice occurs frequently the contract is liable for termination.

4.7 Unless specified otherwise inspecting authority shall be authorized by The GMTD Mehsana.

4.8 The Chief Account Officer or any representative or any of the GMTD, Mehsana shall have free access to the site at all times for inspection. The agency shall render to the representative of BSNL all possible assistance and facilities for the purpose.

5. DELIVERY AND DOCUMENTS

Signature of the Tenderer Page No. 16 of 42 The Contractor shall start rendering the service within 10 days from the date of Work order. Failure to commence operation within that date will result in any or all the following actions 1) Forfeiture of performance security 2) Imposition of liquidated damages of Rs 5000/- (five thousand only) per day delay 3) Termination of the contract for default

6 INCIDENTAL SERVICES (WHEREVER REQUIRED)

6.1 The supplier may be required to provide any or all of the following: i) On-site supervision of assembly and/ or start-up of the supplied services; ii) Tools and testers required for assembly and/or maintenance of the supplied Services iii) Supervision, maintenance and/or repair of the supplied goods, for a period of time agreed by the contracting parties provided that such service shall not relieve the supplier of any warranty obligations under this contract.

6.2 Financial obligations, if any, of the above services shall be clearly indicated in the offer. Failing that it shall be construed that the supplier (s) at its own cost shall provide these services.

7. PENALTY

(i) In the event of failure to complete the entire print job including other post printing operations, if any, within the print-window timings prescribed, the tenderer shall be liable to pay the penalty as follows and such amount will be deducted from any amount due to him.

(ii) Contractor has to complete the work within stipulated time period mentioned in the tender document. Failing which a penalty of Rs 15,000/- (Fifteen Thousand) per day for four days will be imposed on the contractor. After that BSNL will have the right to get the work done with other agency (ies) at the cost of contractor. In case if it is decided to get the work done through the approved contractor the rate of penalty per day beyond four days will be Rs 30000/-(thirty thousand). The same will be adjusted from outstanding bill(s) or from the SD of contractor.

(iii) In the event of non lifting of data for bill printing in soft copy (copies) from the nominated officer of the GMTD Mehsana within three hours during the time 8 hours to 20 hours on receipt of intimation over telephone or FAX a penalty of Rs 1000/-(one thousand only) per hour will be imposed up to first six hours and thereafter Rs 5000/- (five thousand only) per hour will be imposed

(iv) If the tenderer is penalized on the above clause more than three times in a year, the contract is liable for termination.

(Note: The “Amount billed for” for this purpose shall be the total of payable amount billed by Mehsana SSA for the particular billing cycle and the computerized figures furnished by the nominated officer of Mehsana SSA shall be final for the purpose).

Signature of the Tenderer Page No. 17 of 42 The G M T D Mehsana reserves the right to waive the penalty or reduce it, at his discretion, depending upon the merits or reasons for such delay. However, this waiver clause shall not be invoked as a matter of routine.

8. PAYMENT

The payment of above Rs. 5 Lacks or more shall made through e- payment mechanism

8.1 Contractor shall arrange to submit its claim on monthly basis. The bills in triplicate pre-receipted shall be preferred by the Contractor to CAO (TR) O/o G M T D Mehsana or any other officer nominated by the General Manager Telecom District of the Mehsana by II week of every month for the services rendered in the preceding calendar month.

8.2 Increase in taxes and other statutory duties/levies, if any, after the expiry of the delivery date shall be to the contractor’s account. However, the supplier (s) shall pass on to the purchaser benefits of any decrease in such taxes/duties.

8.3 No payment shall be made for services that are rejected on inspection/ testing at site.

9. PRICES:

Prices charged by the supplier for services provided and services performed under the contract shall not vary from the prices quoted in the bid over the period of contract.

10. AMENDMENTS

10.1 Within the scope of the contract the purchaser may, at any time, by a written order to the supplier, amend one or more of the following:

a) Drawings, designs and specifications, if the services to be supplied under the contract shall be manufactured specifically for the purchaser. b) The method of packing and shipment. c) The consignee and/or the place of delivery. d) The services to be provided by the supplier.

10.2. If such amendment(s) cause (s) an increase or decrease in the cost or the time required for the execution of the order, an equitable adjustment shall be made in the contract price or delivered schedule, or both, and the contract shall accordingly be amended. Any proposal by the supplier for adjustment under this clause shall be made within thirty days from the date of the receipt of such amendments.

11. SUB-CONTRACTS:

Signature of the Tenderer Page No. 18 of 42 11.1 The supplier shall not assign/ transfer and sub-contract its interests / obligations under the contract without the prior written permission of the purchaser.

11.2 The supplier shall notify the purchaser in writing of all sub-contracts awarded under this contract if not already specified in the bid. Such notification, in the bid or later shall not relieve the supplier from any liability or obligation under the contract.

12. DELAYS IN THE SUPPLIER'S PERFORMANCE

12.1 Services under the contract shall be provided strictly in accordance with the delivery schedule specified in the purchase order.

12.2 Delay(s) in the performance of delivery obligations shall render the supplier liable to any or all the following. 1) Forfeiture of performance security 2) Imposition of liquidated damages 3) Termination of the contract for default.

12.3 If at any time during performance of the contract, the supplier or its sub contractor (s) should encounter conditions impeding timely delivery of the services, the supplier shall promptly notify the purchaser in writing of the full fact about the delay, its likely duration and cause(s). After receipt of the supplier’s notice, the discretion for extending the period for performance of the contract after mutual discussions, will be exclusively of the purchaser i.e. The GMTD Mehsana.

13 Failure to perform within stipulated schedule (Time window)

In the event of machinery failure, the Contractor shall make alternate arrangement at their own cost and ensure that the schedules are not getting affected by not more than 8 hours beyond the stipulated print window timings. Mehsana SSA shall not bear such expenses incurred by the Contractor in all such eventualities. In the event of the Contractor not able to extend the service even after expiry of the 8 hours beyond print window timings, a liquidated damage equal to the amount spent by Mehsana SSA to get the work done through other sources is payable by the Contractor to Mehsana SSA in addition to the penalty leviable under clause- “Penalty”. The Contractor personnel responsible for operations of the equipment and machinery shall be stationed on site on regular basis to handle any contingency plans.

14. FORCE MAJEUR:

14.1 If at anytime, during the currency of this contract, the performance, in whole or in part, of any obligation(s) by either party under this contract shall be prevented or delayed by reasons(s) of war, hostility, acts of the public enemy, civil disturbance, sabotage, fire, floods, explosions, epidemics, quarantine restrictions, strikes, lockouts or act of God (Herein after referred to as events) provided notice of happenings, of any such event is given by either party to the other within 7 days from the date of occurrence thereof, neither

Signature of the Tenderer Page No. 19 of 42 party shall by reason(s) of such event be entitled to terminate this contract which shall resume as soon as practicable after such event(s) may come to an end or cease to exist provided further that if the performance in whole or part of any obligation(s) under the contract if prevented or delayed by reason(s) of any such event for a period exceeding 60 days either party may, at its discretion terminate the contract. The decision of the GMTD Mehsana as to whether an event justifies invocation of force majeur shall be final and conclusive.

14.2 Provided also that if the contract is terminated under this clause, the purchaser shall be at liberty to take over from the supplier, at a price to be fixed by the Purchaser, and which shall be final, all the unused, undamaged and acceptable goods, bought out components and stores of manufacture in the possession of the supplier at the time of such termination or such portion(s) thereof as the purchaser may deem fit excepting such materials, bought out components and stores as the supplier may, with concurrence of the purchase, elect to retain.

15. TERMINATION FOR DEFAULT

15.1 The purchaser by a written notice of default, may, without prejudice to any other remedy for breach of contract, terminate the contract in whole or in part as the case may be. i) If the supplier fails to deliver any or all of the services within the time period(s) specified in the Contract, or any extension thereof granted by the purchaser pursuant to Clause 13. ii) If the supplier fails to perform any other obligation(s) under the Contract; iii) If the supplier, under either of the above circumstances, does not remedy his failure(s) within a period of 15 days (or such longer period as the purchaser may allow in writing) after the receipt of the default notice.

15.2 In the event of the termination of the contract in whole or in part, (pursuant to para 16.1) the purchaser may procure from open market, services similar to those undelivered and the supplier shall be liable for payment of such excess cost for such similar services. The supplier shall, however, continue performance of the contract to the extent not terminated.

15.3 On the happening of any of the above circumstances, the purchaser, without prejudice to its other rights under the law or the contract, may purchase the balance quantity of the services at the risk and cost of supplier and book to him for the payments thereof and shall also claim a set-off of any dues payable under the contract to the supplier against his dues under the contract or any previous contract.

16 TERMINATION FOR INSOLVENCY

Signature of the Tenderer Page No. 20 of 42 The Purchaser may at any time terminate the contract by a written notice of 7 days to the Supplier, without compensation, if the supplier becomes bankrupt or otherwise insolvent, provided that such termination shall not prejudice or affect any right or action or remedy which had accrued or might accrue.

17. ARBITRATION

17.1 In the event of any question, dispute or difference arising under this agreement or in connection therewith except as to matter the decision of which is specifically provided under this agreement, the same shall be referred to sole arbitration of the GMTD, Mehsana or in case, his designation is changed or his office is abolished then in such case to the sole arbitration of the office for the time being entrusted whether in addition to the functions of the G.M.T.D., Mehsana or by whatever designation such officer may be called the (hereinafter referred to as the said officer) and if the G.M.T.D., Mehsana or said Officer is unable or unwilling to act as such to the sole arbitration or some other person appointed by the G.M.T.D., Mehsana or the said Officer. The agreement to appoint an arbitrator will be in accordance with the Arbitration and Conciliation Act, 1996. There will be no objection to any such appointment that the arbitration is Government servant or that he has to deal with the matter to which agreement relates or that in the course of his duty as Government servant he has expressed views on all or any of the matter under dispute. The award of the arbitrator shall be final and binding on the parties. In the event of such arbitrator to whom the matter is originally referred, being transferred or vacating his office or being unable to act for any reasons whatsoever such G.M.T.D.Mehsana 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.

17.2 The arbitrator may from time to time with the consent of parties enlarge the time for making and publishing the award. Subject to aforesaid the Arbitration 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 clause.

17.3. The venue of the arbitration proceeding shall be the office of the G.M.T.D., Mehsana or such other places as the arbitrator may decide.

18. 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 purchaser/ The GMTD Mehsana and set of the same against any claim of the Purchaser or The GMTD Mehsana arising out of this contract or under any contract made by the Contractor with the Purchaser and/or i.e. The GMTD Mehsana.

Signature of the Tenderer Page No. 21 of 42 Section – IV

Special Conditions of contract

These conditions are specific to the job. If any condition is in conflict with previous conditions, the conditions in this annexure will prevail. a) This is a tender for rate contract to be executed in Mehsana SSA as per NIT for the period of one year and extendable for further one (1) year at the same rates, terms & conditions of tender with the discretion of GMTD, Mehsana. The scope of the tender is to provide print and post-print operations (Stapling, inserting, franking delivery) service for printing of Telephone Bills and call details and for post print operations on a continuous basis during contract period. b) The quantum of works (Estimated Cost) of the tender is purely tentative and it can vary as per requirement of BSNL, Mehsana and so, successful contractor may not challenge to BSNL, Mehsana in respect to the works of this tender. c) The estimated cost or quantum of work may vary on the basis of actual requirement at the discretion of GMTD, Mehsana limited to + 25 % without any change in approved rates, terms & conditions of contract. d) The evaluation of the tender will be made on the basis of lowest cost offered by successful bidder which is calculated on multiplying of rates offered by bidder in financial bid (Section-VI) and the quantum of work mentioned in Annexure-II and accordingly L-1 bidder will be decided. e) Of site printing: The Contractor has to manage the site for printing operation by his own. f) The required plant and machinery needed for extending such service to SSA shall be owned installed and maintained by the Contractor. The contractor shall carry out the manpower, printer consumables/stationery/window envelopes/ spares for installations and operations of plant and machinery owned and operated by Contractor. d) The Contractor shall provide foolproof and transparent arrangement in the system to ensure that all the data supplied by the Mehsana SSA is printed. The counter for the number of print images created by the system is also software/system controlled and counter initialization should not be possible by operators without the prior approval of nominated officer of Mehsana SSA. This point is of utmost importance since payment to monthly claims for the service rendered to Mehsana SSA is based on the readings in the counter and Contractor shall make foolproof and transparent arrangement to the full satisfaction of Mehsana SSA. e) Contractor must have the experience in printing of bills at minimum 50,000 bills per month for one year during last five years from any Government, Semi Government, Corporate clients f) The software for designing the print-image format shall be developed by Contractor free of cost. The Contractor is also responsible for making the

Signature of the Tenderer Page No. 22 of 42 necessary changes to the software needed, to accommodate any changes to the print-image format, as and when Mehsana SSA puts forth such demand, free of cost. However, such demand from Mehsana SSA for such changes shall not be more than four per year. This does not include changes required for inclusion of Commercial advertisements as per clause (m) below at short notice of 3 to 4 days for every billing cycle. g) Approval for the quality, shape and size of window envelopes to be used shall be taken from the Mehsana SSA. h) The bill has to be delivered to the officer designated by the Mehsana SSA at his site. i) The Print-Window means the time beyond three hours after receipt of call for collection of data in soft copies and bills duly completed in all respect are delivered to the nominated officer of BSNL Mehsana .The delivery at odd / night hours is acceptable if advance intimation in writing is made by the contractor to the nominated officer j) The bill for payment has to be raised to the Mehsana SSA. k) The responsibility for procuring/stocking the necessary stationery and envelopes for stuffing the printed bills shall be Contractor. Necessary storing space for stocking the inventory for about one month’s requirement shall be provided by Mehsana SSA at Contractor’s risk. The specifications for the type, size and quality of the stationery required for automated handling by Contractor’s machinery should be discussed and mutually agreed to before Contractor makes such procurement. l) Optionally, Mehsana SSA shall opt to recover the cost of printing by soliciting commercial advertisements in the free space left at appropriate position of each Customer’s bill details/special messages without affecting the overall number of pages for a particular customer. For this Contractor shall provide facility to scan/edit/reduce/enlarge the advertisement material suitably and re-adjust print format layout to suitably insert the commercial advertisement at appropriate slot at short notice for every billing cycle and such changes required are to be done free of cost. m) Mehsana SSA shall provide the data cartridge required for generation of print- images. For this purpose, all the 7 days are to be considered as working days and the print-window timings set forth in clause 7 of the technical specification shall be maintained at any cost. Thus, intervening holidays/week-ends shall not affect the operations. n) The term of the contract is for a period of 1 year and is extendable another one year with the discretion of GMTD, Mehsana. Mehsana SSA can terminate the contract by serving a notice of 6 months. Contractor can also terminate the contract by serving a notice of 8 months in writing on SSA.

Signature of the Tenderer Page No. 23 of 42 o) The Contractor shall maintain full confidentiality of the data supplied for creating print images. Under no circumstances, the Contractor shall divulge/reveal/share such data for the purpose other than for creating print images for Mehsana SSA. Any violation of this confidentiality clause may result in instant termination of the contract and Contractor shall pay liquidated damages of Rs.3,00,000/- (Rupees three lacs only) to Mehsana SSA and Mehsana SSA shall reserve the right to black-list the Contractor on all India basis. p) The Contractor shall also be under obligation to extend similar services to Mehsana SSA at the same agreed rate for any other adhoc/non-cyclic requirements of Mehsana SSA on priority basis, as and when such requirement arise and Mehsana SSA makes such request to Contractor. The Contractor free of cost shall develop the print-image/page layout on 2 occasions in a calendar month. q) Failure to perform within stipulated schedule.

In the event of machinery failure, the Contractor shall make alternate arrangement at their own cost and ensure that the schedules are not getting affected by not more than 8 hours beyond the stipulated print window timings. Mehsana SSA shall not bear such expenses incurred by the Contractor in all such eventualities. In the event of the Contractor not able to extend the service even after expiry of the 8 hours beyond print window timings, a liquidated damage equal to the amount spent by Mehsana SSA to get the work done through other sources is payable by the Contractor to Mehsana SSA in addition to the penalty Levi able under “Penalty”.

Signature of the Tenderer Page No. 24 of 42 Annexure – II

Scope of work

Printing of Telephone Bills and Itemized details using Advanced Laser Printing solutions and Automating Post-Printing Operations like folding, stapling, collating, sorting, stuffing and delivering of printed outputs at the designated site in the Mehsana SSA for a period of one year and extendable another one year on the same terms on mutually agreed terms. Technical Specification details are in Section-V

The Mehsana SSA requirement for such service is cyclic in nature. The growth plan of Mehsana SSA envisages an increase of 10% annum. The Contractor should be capable of handling the increased print load without affecting the print-window timings as mentioned in clause of Technical Specifications mentioned in Section- V.

Details of Mehsana SSA:

1) Working Lines as on __/__/13 = W

2) Average No. of Working Lines = 1.1 W … Assuming the growth rate of 10%

3) Approximate No. of Bills per year = 6 x 1.1 W

4) Approximate No. of impression =2.5 x 6 x 1.1 W …Assuming 2.5 impression per bill 5) Details of bills to be printed per month for below mentioned working lines.

Sr. No. Type of Bills Working lines as on 31/12/2012 1 Land lines 88100 2 STD / ISD PCO 1095 3 Local/VPT/RCP/Highway PCO 2910 4 CMTS (GSM) Mobile /CDMA (WLL) 13829

Note-1: In respect of working lines and bills to be printed for Sr. No 1,2 and 3 above the variation is expected to be (+) or (-) 25%. For Sr. No 4 above the variation may go to any extent. Note-2: Bills of land lines, WLL, STD PCO, Local PCO VPT/RCP& Mobile will have to be printed separately on different prescribed dates

Signature of the Tenderer Page No. 25 of 42 Annexure – II No: MM/Tender/Mehsana/13-14/03 Dated at Mehsana the 05/07/13

Estimated Quantum of Work to be print for the Contract: -

Sr. Description of Items Monthly No. Approximate Quantity A Landline Connections Including all types of PCO A (1) Up to Two Images i.e. Two Pages – obverse and reverse & perforcted Cost of printing, including material (multi colored pre- printed formatted stationary) and post printing operation such as folding, stapling, collecting, sorting, stuffing, putting it into envelope, printed on both sites and prescribed under clause 25 of Section V, supplied by the contractor and delivering of printed outputs at the designated site in the Mehsana SSA Per Bill of Two Pages (Images) -> 68000 Bills

A (2) For every additional image (page) of per emage Cost of printing of detailed bills sheet / Broad Band Bill etc. & attaching it with main bill Per Bill of Two Pages (Images) -> 56000 Bills B CMTS (GSM) and WLL (CDMA) Connections (Up to Three Images) B (1) Cost of printing, including material (multi colored pre- printed formatted stationary) and post printing operations such as folding, stapling, collecting, sorting, stuffing, putting it into envelope, printed on both sites and prescribed under clause 25 of Section V, supplied by the contractor and delivering of printed outputs at the designated site in the Mehsana SSA Per Bill of Three Pages (Images) -> 9400 Bills B (2) Cost of printing detailed bill sheet and attaching it with main bill Per Page -> 10000 Pages B (3) Printing of Important messages to print important instructions on bills Per Bill -> 15000 Bills

The above quantum of work for bill printing in Mehsana SSA has been worked out tentative. The actual work may vary based on the actual requirement but generally being limited to + 25% of the estimated cost. Any other job work required for bill printing with approval of competent authority may be carried out in this contract.

Signature of the Tenderer Page No. 26 of 42 Section – V

Technical Specifications

1) The process of printing shall be of the kind that supports variable data and variable font-size, etc., and shall be of laser based. The printer resolution has to be minimum of 300 x 300 dpi and 600x600 dpi optional.

2) Printer speed shall be in the range of 50 to 150 delivered images per minute with duplex printing capability on cut-sheet of A4 size.

3) The printing technology shall be of the capability for advanced print languages such as IPDS, POSTSCRIPT and PCL. The variable data printing will be in monochrome black.

4) The printing of logos, photographs (Multi-colour and shades of that colour), barcodes signatures and Indian languages scripts etc., should be possible using the printing system only hence eliminate pre-printed stationery. Similarly, stitching (stapling) of printed pages should also be available inline.

5) The print-layout of the bills will be designed in consultation with the software group of Mehsana SSA and there shall be enough flexibility to change the print – layout and details at short notice of 7 days as per the needs of Mehsana SSA

6) There should be flexibility in the print-layout to include optional messages either selectively or for all bills of a cycle.

7) “One Print Impression” means printing on one side of paper. The Print-Window shall be 42 hours for printing 2 lacs impression. The print-window of 42 hours shall mean that at the end of 42 hours the entire job of printing the images and stuffing into envelope is completed in a phased manner over the entire print- window time i.e. the work shall be carried out continuously non-stop. The billing cycle dates can be agreed upon between the vendor and the Mehsana SSA. The Print-Window means the time means the time beyond three hours after receipt of call for collection of data in soft copies and bills duly completed in all respect are delivered to the nominated officer of BSNL Mehsana. The numbers of billing cycles are subject to increase/decrease as per the demands of the network management and Contractor shall comply with such needs.

8) The post-print mechanization process shall have facility to enclose newsletters and bulletins/enclosures to all or target group of customers (i.e., on selective basis). The speed of operation of post printing mechanization system shall be in synchronization throughout of the printing system to ensure that final print- window timings are maintained at any cost. 9) Deleted 10)Deleted

Signature of the Tenderer Page No. 27 of 42 11)70 GSM white papers with quality for bill to be printed as approved by the Mehsana SSA. 12) Deleted.

13) The Mehsana SSA will handover variable data in separate data-files like ‘Billing Data’, ‘Detailed Bill Data’, ‘Trunk Calls Data’ etc. The Contractor shall ensure that all related data are grouped together and printed as a single bill. The Mehsana SSA shall provide the data cartridge required for generation of print-images. Separate files for main bills and STD/ISD itemized bills will be provided which will have to be collated and telephone number-wise final print images inclusive of STD & ISD Details generated by Contractor for printing. Bills should be printed in any order as desired by Mehsana SSA such as telephone number-wise, pin code-wise, single sheet, dual sheet, multiple sheet at no extra cost.

14) Some modifications in the layout of bill format are required. So, layout needs to be approved by the GMTD Mehsana before mass printing

15) Bill printing is to be carried out on multi colored preprinted formats as per layout approved by the GMTD Mehsana.

16) Space on front and backsides of the bill is reserved for Mktg./Messages of BSNL Product and tenderer has to print in either of three languages as per directive of the BSNL authority.

17) BSNL, Mehsana will provide to contractor data’s of bills; detail bills on CD & rest all the work with material will be the contractor’s responsibility.

18) For printing broadband bills, following are the provisions. (i) If change of format is required, it will be governed by para p (last sentences) of section IV. (ii) If additional page is required, rate of detailed bill at rate (2) of section VI will be applicable. 19) SPACE FOR ADVERTISEMENT: - (a) For front side of the bill: - (b) For backside of the bill: - 20) All type of data required for printing the bill will be supplied by BSNL.

21) Tenderer has to arrange the printer, related accessories and space for these on his own.

22) Tenderer has to provide each and every printed bill with proper folding, well pinning with stapled and into proper size window type envelope.

23) Deleted.

24) Tenderer has to provide the printed bills as per billing cycle prescribed by the BSNL on different dates.

25) Tenderer has to print the detailed bills as per requirement of subscribers. The list of such subscribers and data’s of detailed billing will be supplied by the BSNL. 26) Envelope size is 9 inch x 4.2 inches with 60 GSM chronogram papers, window size 5 x 2 inches as per design approved by purchaser.

Signature of the Tenderer Page No. 28 of 42 Annexure – III

FORM A

Sr. Items to be inquired Details / Remarks No. 1 The Tenderer Name of Company & Address

Name of Authorized Person

Mailing Address

Telephone No.

Fax No.

Letter of authorization for signing [Yes / No] the Bid (Yes/No), if Yes page No. 2 Bid Security (EMD) Particulars Amount DD/Check/BG No. & Date Validity if BG given Draw on Bank

Pre receipt for return of EMD [Yes / No] 3 Required Experience Certificate [Yes / No] 4 State whether the equipment offered confirm to the technical [Yes / No] specification in the tender. If No, mention the deviation 5 Constitution of the Company Proprietor Partnership Limited Company Name of the partners (if any) 1. 2. 3. 4.

Signature of the Tenderer Page No. 29 of 42 Annexure – IV

Declaration

1. Name of the Tenderer:

2. Full address of the Tenderer:

3. Name of actual signatory to the Tender:

4. Total Nos of pages of tender offer & its enclosures:

5. Quotation (as per Section-VI)

6. I have carefully read the tender conditions detailed in the Tender and all its Annexure and I have understood the tender conditions in full and abide by the same.

7. I shall abide by the decision of the GMTD Mehsana or the arbitrator appointed by him on any matter of dispute or clarification on any aspect in the implementation of the contract.

Signature: Name & address of the company (With seal) Station: Date:

Enclosures: (List of Documents to be submitted along with Tender)

1) Printing System Solution offered - Technical Details. 2) Quotation as per Section-VI. 3) Attested copy of the Power of ATTORNEY, if any. 4) Attested copy of the Partnership deeds/Memorandum of Understanding, if any. 5) EMD in form of Cash or Bank Guarantee or DD/Check/Pay Order issued in favour of Accounts Officer (Cash), O/o GMTD, Mehsana, for an amount as per NIT. 6) Profile of the Tenderer. 7) Credentials regarding experience in carrying out similar services 8) Implementation schedule from the date on which infrastructure is made available to the Tenderer. 9) Details of maintenance/support infrastructure in Mehsana SSA/India for the equipment proposed for installation in Mehsana city.

Signature of the Tenderer Page No. 30 of 42 Annexure – V

SUMMARY AND CHECK LIST

Last date for receipt of bid(s) Up to 14:00 hr.of 26/07/13

Date of opening of bid(s) At 15: 00 hr. on 26/07/13

Vendor’s Meet Nil

Bid Validity 120 days from the date of opening of bids.

Bid Security As per NIT, Rs. 41900/-

Performance Security Deposit 10% of estimated cost as per NIT for period of 24 months. Delivery period Contractor shall start rendering the service to Mehsana SSA within 10 days from the date of work order. Print -Window Print-Window shall be less than 42 hours for printing 2 lacs impression - Print-Window means the time between when the data is taken and bills are delivered. - Print-Window means that at the end of given time (print-window time), the entire job of printing the images and stuffing into envelope is completed and no job is left pending i.e. the work shall be carried out continuously non-stop. Penalty Refer clause 7 of Section-III.

Appointing authority for Sole As per clause 17 of section-III Arbitrator

Signature of the Tenderer Page No. 31 of 42 ANNEXURE – VI [A]

DECLARATION

I______Son of Shri ______Certify that none of my relatives (defined as member of Hindu Un divided Family, they are husband and wife, the one is related to the other in the manner as father, Mother, son(s) & sons wife, daughter in low, daughters & daughters husband (son in low), brothers & brothers wife, sisters & sisters husband (brother in law) is/are employed in BSNL Unit as per details given in Tender documents.

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.

To be signed by

(a) Proprietor in case of proprietorship

(b) Signature of all partners in case of partnership firm/co. 1 - 2 - 3

(c) Signatures of all Directors of company in case of Pvt. Ltd. or Ltd. Co.

1 - 2-

Signature of the Tenderer Page No. 32 of 42 ANNECURE – VI [B]

Compliance of EPF Act. 1952

DECLARATION I______declare to fulfill/compliance of provisions of EPF & MISC provision Act-1952 & employees provident fund scheme 1952, in respect of labours/employees engaged by me/us for performing the work in BSNL Mehsana. While submitting the claims of bills towards work executed in BSNL Mehsana, I/We will accompany the

1. List showing the details of labours/employees engaged 2. Duration of their engagement 3. The amount of wages paid to them for duration in question 4. Amount of contribution (both employees & employers) for the duration in question 5. Copies of authenticated of payment of such contribution to EPF authorities.

I/We further declare that if I/We fail to comply the EPF Act-1952, BSNL shall have right to deduct the EPF (both employees & employers) and deposit to EPF authority under BSNL EPF account.

If EPF is not applicable to me/ us, I/we shall give undertaking to compliance the EPF Act

Signature of the Tenderer with seal

Signature of the Tenderer Page No. 33 of 42 Section – VI

PRICE BID [FINANCIAL BID] (Submitted in separate Cover)

Sr. Description of Items Rates Offered [In Rs.] No. In Figure In Words A Landline Connections Including all types of PCO (Frequency mentioned in Annexure II) A (1) Up to Two Images i.e. Two Pages – obverse and reverse & perforcted Cost of printing, including material (multi colored pre-printed formatted stationary) and post printing operation such as folding, stapling, collecting, sorting, stuffing, putting it into envelope, printed on both sites and prescribed under clause 25 of Section V, supplied by the contractor and delivering of printed outputs at the designated site in the Mehsana SSA Per Bill of Two Pages (Images) ->

A (2) For every additional image (page) of per emage Cost of printing of detailed bills sheet / Broad Band Bill etc. & attaching it with main bill Per Bill of Two Pages (Images) -> B CMTS (GSM) and WLL (CDMA) Connections (Up to Three Images) B (1) Cost of printing, including material (multi colored pre-printed formatted stationary) and post printing operations such as folding, stapling, collecting, sorting, stuffing, putting it into envelope, printed on both sites and prescribed under clause 25 of Section V, supplied by the contractor and delivering of printed outputs at the designated site in the Mehsana SSA Per Bill of Three Pages (Images) -> B (2) Cost of printing detailed bill sheet and attaching it with main bill Per Page -> B (3) Printing of Important messages to print important instructions on bills Per Bill ->

I agree that the rates are inclusive of all the taxes excluding Service Tax, if applicable. Service tax will be paid by the BSNL on submission of requisite information and documents as desired by the representative of the GMTD Mehsana. Signature of the Tenderer Page No. 34 of 42 Section – VII

BID SECURITY (EMD) FORM

Whereas...(hereinafter called "the Bidder") has submitted its bid-dated __/__/2013 for the works of Bill printing in Mehsana SSA invited vide Tender No. MM/Tender/Mehsana/2013-14/03 Dated 05/07/13

KNOW ALL MEN by these Presents that We…………..………………………….. of…...... ……………………………….having our registered office at ...... ……. (Hereinafter called the "the Bank") are bound up to…...... …….. (Hereinafter called "the Purchaser") in the sum of ...... …………for which payment will and truly to be made of the said Purchaser, the Bank binds itself, its successors and assigns by these presents.

THE CONDITIONS of the obligation are:

1. If the Bidder withdraws its bid during the period of bid validity specified in clause 10 of Section-II; or

2. If the Bidder, having been notified of the acceptance of its bid by the Purchaser during the Period of Bid validity.

(a) Fails or refuses to execute the Contract, if required or

(b) Fails or refuses to furnish performance security in accordance with the instructions to Bidders.

We undertake to pay to the Purchaser up to the above amount upon receipt of its first written demand without the Purchaser having to substantiate its demand, provided that in its demand, the Purchaser will note that the amount claimed by it is due to it owing to the occurrence of one or both of two conditions specifying the occurred condition or conditions.

This guarantee will remain in force up to __/__/_____ and including Thirty (30) days after the Period of bid validity, and any demand in respect thereof should reach the Bank not later than the above date.

Signature of the Bank

Signature of the Witness

Name of Witness

Address of Witness

Signature of the Tenderer Page No. 35 of 42 Section – VIII

PERFORMANCE SECURITY GUARANTEE (PBG) (BOND FORM)

1. In consideration of the General Manager Telecom District, Mehsana (hereinafter called “the Purchaser“) having agreed to exempt______(hereinafter called ‘ the said contractor (S)’) from the demand, under the terms and conditions of an agreement/ (Purchase Order) NO./ NIT No. MM/Tender/Mehsana/13-14/03 Dated 05/07/13 made between ______and______for the work of Bill printing of Mehsana SSA (hereinafter called ‘the said Agreement‘), of security deposit for the due fulfillment by the said Contractor (s) of the terms and conditions contained in the said Agreement, on production of a Bank Guarantee for ______we (Name of the Bank) ______(hereinafter referred to as “ the Bank“) at the request of ______contractor(S) do hereby undertake to pay to the Purchaser an amount not exceeding ______against any loss or damage caused to or suffered or would be caused to or suffered by the Purchaser by reason of any breach by the said Contractor(S) of the terms or conditions contained in the said Agreement.

2. We (Name of the Bank)______do hereby undertake to pay the amounts due and payable under this guarantee without any demur, merely on a demand from the Purchaser stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the Purchaser by reason of the contractor(s) failure to perform the said Agreement. Any such demand made on the bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee where the decision of the Purchaser in these counts shall be final and binding on the Bank. However, our Liability under this guarantee shall be restricted to an amount not exceeding______.

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

4. We (Name of the bank) ______further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for performance of the said agreement and that it shall continue to be enforceable till all the dues of the Purchaser under or by virtue of the said Agreement have been fully paid and its claim satisfied or discharged or till the Purchaser certifies that the terms and conditions of the said agreement have been fully and properly carried out

Signature of the Tenderer Page No. 36 of 42 by the said contractor (s)______and accordingly discharges this guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before the expiry of Twenty-Four Months from the date hereof, we shall be discharged from all liability under this guarantee thereafter.

5. We (Name of the Bank) ______further agree with the Purchaser that the Purchaser shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary the terms and conditions of the said Agreement or to extend time of performance by the said contractor (s) from time to time or to postpone for any time or from time to time any of the powers exercisable by the

Purchaser against and said contractor(s) and to forbear or enforce any of the terms and conditions relating to the said agreement and we shall not to be relieved from our liability by reason of any such variation, or extension being granted to the said contractor(s) or for any forbearance, act or omission on the part of the Purchaser or any indulgence by the Purchaser to the said contractor(s) or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision have effect of so relieving us.

6. This guarantee will not be discharged due to the change in the constitution of the Bank or the contractor(s)/supplier (S).

7. We (Name of the Bank) ______lastly undertake not to revoke this guarantee during its currency except with the previous consent of the Purchaser in writing

Dated the______day of ______For______

(Indicate the name of the Bank)

Signature of the Tenderer Page No. 37 of 42 Agreement form ANNEXURE – VIII

This agreement made on………day of………. Year 2013, between M/s ……………….. Here in after called “ the contractor”(which expression shall unless excluded by or repugnant to the context include its successor heir executors, administrative representative and assignee) of the one part & the BSNL, GMTD Mehsana herein after referred to as the BSNL of other part. Where as the contractor has offered to enter with the said BSNL for the execution of work of all regular and detailed bills printing of Mehsana Telecom District on the terms and conditions of tender vide NIT No. MM/Tender/Mehsana/13-14/03 dated 05/07/13 herein contained and the rates approved by the BSNL (copy of rates annexed) have been dully accepted and where as the necessary security deposit have been furnished in accordance with the provision of the tender documents and where as no interest will be claimed on the security deposit. Now these presents witness and it is hereby agreed and declared by and between the parties’ presents as follows. 1) The contractor shall during the period of this contract that is to say from……….. To………….. or completion of work whichever is earlier or until this contract shall be determined by such notice as in herein after mentioned, safely carried out by means of labours employed at his own expense ,all work of regular & detailed bill printing as described in tender documents (annexed to the agreement),when the BSNL or any other person authorized by GMTD Mehsana in that behalf require ,it is under stood by t5he contractor that the quantity of work mentioned in the schedule is likely to change as per actual requirement as demanded by exigencies of service. 2) The Notice Inviting Tender, Bid documents (qualifying & financial), letter of Intent, approved rates, annexed here to and such other additional particulars, instructions, drawings, work orders as may be found requisite to be given during execution of work shall be deemed and taken to be an integral part of the contract and shall be deemed to be included in expression,” The agreement” or “ The Contract”, whenever herein used. 3) The contractor also supply the requisite number of workmen with means and materials as well as tools, appliances, vehicles for transportation, cartage etc. required for the proper execution of work within the prescribed in work orders. 4) The contractor hereby declares that no body connected with Or in the employment of the BSNL is not/shall not ever be admitted as partner in the contract. 5) The contractor shall abide by the terms and conditions, rules, guidelines, construction particulars safety precautions etc. Stipulated in tender documents including any correspondence between the contractor and the BSNL having bearing on execution of work and payments of work to be done under the contract.

In witness whereof the parties’ presents have here in to set their representative hands and seals the day and year in…………………

Above written

Witness signed & delivered 1 on behalf of contractor 2

witness signed & delivered 1 2 on behalf of BSNL

Signature of the Tenderer Page No. 38 of 42 ANNEXURE – IX

INTEGRITY PACT

Between

Bharat Sanchar Nigam Limited (BSNL), GMTD-Mehsana / hereinafter referred to as “The Principal” And ………………………………..hereinafter referred to as “The Bidder/Contractor”

Preamble

The Principal intends to award, under laid down organizational procedures, contract/s for ------. The Principal values full compliance with all relevant laws and regulations, and the principles of economic use of resources, and of fairness and transparency in its relations with its Bidder/s and Contractor/s.

In order to achieve these goals, the Principal will appoint an Independent External Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above.

Section 1 – Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles: -

(a) No employee of the Principal, personally or through family members, will in connection with the tender for, or the execution of a contract, demand, take a promise for or accept, for him/herself or third person, any material or immaterial benefit which he/she is not legally entitled to. (b) The Principal will, during the tender process treat all Bidder(s) with equity and reason. The Principal will in particular, before and during the tender process, provide to all Bidder(s) the same information and will not provide to any Bidder(s) confidential/additional information through which the Bidder(s) could obtain an advantage in relation to the tender process or the contract execution. (c) The Principal will exclude from the process all known prejudiced persons.

(2) If the Principal obtains information on the conduct of any of its employees which is a criminal offence under the relevant Anti-Corruption Laws of India, or if there be a substantive suspicion in this regard, the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions.

Section 2 – Commitments of the Bidder(s)/Contractor(s)

(1) The Bidder(s)/Contractor(s) commits itself to take all measures necessary to prevent corruption. He commits himself to observe the following principles during his participation in the tender process and during the contract execution.

(a) The Bidder(s)/Contractor(s) will not, directly or through any other person or firm, offer, promise or give to any of the Principal’s employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which he/she is not legally entitled to, in order to obtain in exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract.

Signature of the Tenderer Page No. 39 of 42 (b) The Bidder(s)/Contractor(s) will not enter with other Bidder(s) into any undisclosed agreement or understanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process. (c) The Bidder(s)/Contractor(s) will not commit any offence under the relevant Anti-corruption Laws of India; further the Bidder(s)/Contractor(s) will not use improperly, for purposes of competition or personal gain, or pass on to others, any information or document provided by the Principal as part of the business relationship, regarding plans, technical proposals and business details, including information contained or transmitted electronically. (d) The Bidder(s)/Contractor(s) will, when presenting his bid, disclose any and all payments he has made, is committed to or intends to make to agents, brokers or any other intermediaries in connection with the award of the contract.

(2) The Bidder(s)/Contractor(s) will not instigate third persons to commit offences outlined above or be an accessory to such offences.

Section 3 – Disqualification from tender process and exclusion from future contracts

If the Bidder(s)/Contractor(s), before contract award or during execution has committed a transgression through a violation of Section 2, above or in any other form such as to put his reliability or credibility in question, the Principal is entitled to disqualify the Bidder(s)/Contractor(s) from the tender process or take action as per the defined procedure.

Section 4 – Compensation for Damages

(i) If the Principal has disqualified the Bidder(s) from the tender process prior to the award according to Section 3, the Principal is entitled to demand and recover the damages equivalent to Earnest Money Deposit / Bid Security. (ii) If the Principal has terminated the contract according to Section 3, or if the Principal is entitled to terminate the contract according to section 3, the Principal shall be entitled to demand and recover from the Contractor the amount equivalent to Security Deposit / Performance Bank Guarantee in addition to any other penalties/ recoveries as per terms and conditions of the tender.

Section 5 – Previous transgression

(i) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the Anti-corruption approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process. (ii) If the Bidder makes incorrect statement on this subject, he can be disqualified from the tender process or action can be taken as per the defined procedure.

Section 6 – Equal treatment of all Bidders/Contractors/Subcontractors

(i) The principal will enter into agreements with identical conditions as this one with all Bidders/Contractors. (ii) The Bidder(s)/Contractor(s) undertake(s) to demand from all subcontractors a commitment in conformity with this Integrity Pact. (iii) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions.

Section 7 – Criminal charges against violating Bidder(s)/Contractor(s)/Subcontractor(s)

Signature of the Tenderer Page No. 40 of 42 If the Principal obtains knowledge of conduct of a Bidder, Contractor or Subcontractor, or of an employee or a representative or an associate of a Bidder, Contractor or Subcontractor, which constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal will inform the Corporate Vigilance Office.

Section 8 – External Independent Monitor/Monitors

1. Principal appoints competent and credible Independent External Monitor for this Pact. The task of the Monitor is to review independently and objectively, whether and to what extent the parties comply with the obligations under this agreement.

2. The Monitor is not subject to instructions by the representatives of the parties and performs his functions neutrally and independently. He reports to the CMD of the BSNL.

3. The Bidder(s)/Contractor(s) accepts that the Monitor has the right to access without restriction to all Project documentation of the Principal including that provided by the Contractor. The Contractor will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his project documentation. The same is applicable to Subcontractors. The Monitor is under contractual obligation to treat the information and documents of the Bidder(s)/Contractor(s)/Subcontractor(s) with confidentiality.

Notwithstanding anything contained in this Section, the Bidder(s)/Contractor(s) shall have no obligation whatsoever to provide any internal costing mechanisms or any internal financial or commercial data pursuant to any audit or review conducted by or on behalf of the Principal. Further, the Bidder(s)/Contractor(s) shall not be required to provide any data relating to its other customers, or any personnel or employee related date.

4. The Principal will provide to the Monitor sufficient information about all meetings among the parties related to the Project provided such meetings could have an impact on the contractual relations between the Principal and the Contractor. The parties offer to the Monitor the option to participate in such meetings.

5. As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will so inform the Management of the Principal and request the Management to discontinue or take corrective action, or to take other relevant action. The monitor can in this regard submit non-binding recommendations. Beyond this, the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action.

6. The Monitor will submit a written report to the Chairperson of the Board of the Principal within 8 to 10 weeks from the date of reference or intimation to him by the ‘Principal’ and, should the occasion arise, submit proposals for correcting problematic situations.

7. If the Monitor has reported to the CMD of the BSNL, a substantiated suspicion of an offence under relevant Anti-Corruption Laws of India, and the BSNL has not, within reasonable time, taken visible action to proceed against such offence or reported it to the Corporate Vigilance Office, the Monitor may also transmit this information directly to the Central Vigilance Commissioner, Government of India.

8. The word ‘Monitor’ would include both singular and plural.

Section 9 – Pact Duration

Signature of the Tenderer Page No. 41 of 42 This Pact begins when both parties have legally signed it. It expires for the Contractor 12 months after the last payment under the contract, and for all other Bidders 6 months after the contract has been awarded.

If any claim is made/ lodged during this time, the same shall be binding and continue to be valid despite the lapse of this pact as specified above, unless it is discharged/determined by CMD, BSNL.

Section 10 – Other provisions

1. This agreement is subject to Indian Law. Place of performance and jurisdiction is the Registered Office of the Principal, i.e. New Delhi. The arbitration clause provided in the tender document / contract shall not be applicable for any issue /dispute arising under Integrity Pact. 2. Changes and supplements as well as termination notice need to be made in writing.

3. If the Contractor is a partnership or a consortium, this agreement must be, signed by all partners or consortium members.

4. Should one or several provisions of this agreement turn out to be invalid, the remainder of this agreement remains valid. In this case, the parties will strive to come to an agreement to their original intensions.

------For the Principal For the Bidder/Contractor

Place…………………… Witness 1: ……………………………… Date …………………… Witness 2: ………………………………

Signature of the Tenderer Page No. 42 of 42