Bid Document

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 1 of 73

BID DOCUMENT

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD

NO.GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20, Dated-01.10.2019.

BUSINESS AREA MORADABAD= SSA MORADABAD & SSA RAMPUR

BHARAT SANCHAR NIGAM LIMITED (A Govt. of India Enterprise) OFFICE OF THE GMTD BSNL Moradabad 244001

Date & time of Bid opening: - 29.10.2019 at 15.00 Hrs

NAME OF THE BIDDER......

......

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20 E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 2 of 73

OFFICE OF THE GMTD BSNL Moradabad 244001

Table of Contents Section Content Page no. Qualifying Bid Documents I Notice Inviting Tender 3 II Bid Form 10 III Tenderer’s Profile and Vendor Master Form 11 IV-A Instructions to Bidders 14 IV-B E Tendering Instruction to bidders 28 V General (Commercial ) conditions of the contract 32 VI Special condition of the contract 46 VII Performance Guarantee Bond Form 58 VIII Draft Agreement 60 IX Letter of authorization for attending bid opening 62 X Declarations Regarding Near Relationship With BSNL Employee 63 XI Declaration Regarding Non Banned OR Blacklisted 64 XI-A Declaration Regarding furnish a Solvency Certificate 65 XI-B Declaration regarding labour license (if applicable) 66 XI-C Declaration regarding Not black listed by GST authority 67 XI-D Indemnity undertaking 68 XI-E Declaration Regarding understanding the terms & condition of 69 Tender XI-F Declaration Regarding No addition/ Deletion/alteration in bid 70 document XI-G Declaration Regarding Clause by Clause Compliance 71 statement XI-H No Deviation certificate 72 XII Financial Bid BOQ 73

SECTION – I

BHARAT SANCHAR NIGAM LIMITED O/O GMTD, Moradabad-244001.

No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20, Dated 01.10.2019

Notice Inviting Tender

Digitally sealed open tenders are invited by the GMTD Moradabad, BSNL for AMC of SMPS & Conventional Power Plant in Business Area Moradabad from experienced contractors. Terms and conditions are given below –

Tender schedule: 1. Estimated cost of work : Rs. 20, 50, 000/- (Rs. Twenty Lac Fifty Thousand Only).

2. Cost of tender form : Rs. 500 + 18% GST (Non-Refundable).

3. EMD : Rs. 41, 000/- (Rs Forty One Thousand Only).

(@2% of estimated cost)

4. Performance security : Rs. 1, 02, 500/- (Rs. One Lac Two Thousand Five Hundred Only). (@5% of estimated cost)

5. Security deposit : Security deposit shall be deducted from running bills/bills as per clause 3.1 Section V.

6. Period of contract : One year from the date of Agreement (Until otherwise Specified).

7. Last date & time of sale of : 28.10.2019 up to 14:30 Hrs. tender form.

8. Submission of Tender on : 28.10.2019 up to 14:30 Hrs. e-tendering portal.

9. Physical submission of : 29.10.2019 up to 14:30 Hrs. Documents end date

10. Opening of Technical : 29.10.2019 at 15:00 Hrs. (Qualifying) Bid.

11. Last date of query : All the queries should be submitted up to one week before last date of submission of bid to AGM (PLG.) O/o GMTD Moradabad, BSNL, Civil Lines Telephone Exchange, Moradabad– 244001 (UP).

12. Mode of payment of EMD/Cost of form :(i) The price of tender form/Bid document in the event of downloading from website may be paid in cash to AO (Cash), BSNL, O/o GMTD, Moradabad or in the form of Demand Draft/Bankers Cheque issued by any National/ Scheduled Bank in favour of AO (Cash), BSNL, O/o GMTD Moradabad, payable at Moradabad. In case of tender form price paid in cash as per above details, the payment receipt issued by AO (Cash) may be submitted.

:(ii) The EMD may be paid in the form of Demand Draft/Bankers Cheque issued by any National/ Scheduled Bank in favour of AO (Cash), BSNL, O/o GMTD Moradabad, payable at Moradabad. The EMD may also be paid in the form of BG issued by any National/ Scheduled Bank in favour of AO (Cash), BSNL, O/o GMTD Moradabad in prescribed performa. The validity of BG should be 180 days from date of opening of tender. In case EMD is up to Rs. 10000 the same can also be paid in cash to AO (Cash) Moradabad and the payment receipt issued by AO (Cash) may be submitted.

:(iii) The Original Cash receipt/Crossed Demand Draft/Bankers Cheque/ Bank Guarantee should be submitted offline in the envelop as mentioned in clause 4.2 of Section- IV B.

:(iv) The cost of Tender form is non-refundable & non-transferable. . 13. Type of Bidding : Single Stage Bidding & Two Electronic Envelope System.

14. Availability of e-Tender : e-Tender document can be obtained by downloading it from Document the website www.eprocure.gov.in. The physical copy of the Tender document would not be available for sale. E-Tender documents will be available for downloading from 01.10.2019 to 28.10.2019 up to 14:30 hrs on the last day. 15. MSE Bidder a. The MSE registered, under single point registration scheme of NSIC or any other body specified by Ministry of Micro, Small & Medium Enterprise, for tender items shall be allowed for the following concessions.

b. The tender documents shall be issued to MSE bidders free of cost provided the tendered item is listed in the Registration Certificate of MSE for the AMC of SMPS & Conventional Power Plant or similar work {Similar work clearly means AMC of Power Plant OR ARC of Power Plant OR Repairing of Power Plant OR CAMC of Power Plant OR Repairing of power module}

c. The MSE units registered with bodies as detailed in Para –a above shall be given exemption from payment of bid security deposit provided the tendered item is listed in the Registration Certificate of MSE.

i. A proof regarding current registration with bodies as detailed in Para-a above for the tendered items will have to be attached along with the bid. ii. The enlistment certificate issued by bodies as detailed in Para- a should be current & valid on the date of opening bid.

d. The participating MSE in a tender quoting price within price band of L1+15% are also be allowed to work a portion of the requirement by bringing down their price to L1 price arrived after tender evaluation. Such MSEs shall be ordered to work up to 20% of the total tendered value. In case of more than one such eligible MSE the work will be shared equally. Out of quantity a sub target of 4% is earmarked to be worked from SC/ST owned eligible MSEs. In case of non availability of SC/ST owned MSEs, this 4% quantity shall be offered to other MSEs. e. In case a MSE happens to be L1 etc then it will be allotted tender quantity as envisaged in the tender.

Distribution of Quantity Table 1(A) (If non MSE units participated) No. of Bidders Quantity allotted to the respective bidder at the L-1 prices (Col. 2) to be approved L1 L2 L3 L4 L5 and so on (Col. 1) One bidder 100% Nil Nil Nil Nil Table 1(B) (If MSE units participated) Quantity allotted to the respective bidder at the L-1 Qty earmarked for No. of Bidders prices (Col. 2) MSE bidder(s) at to be approved the L-1 prices (Col. 1) L1 L2 L3 L4 L5 and so on (Col. 3) One bidder 80% Nil Nil Nil Nil 20 %

Note 1: Table 1(B) shall be followed if the tender has provision for reservations for MSE units. The guidelines / instructions / laws issued vide D.O. no 21(1) -2011-M.A..April 25th, 2012 from Ministry of Micro, Small & Medium Enterprise (MSME) with respect to provisions for Micro & Small Enterprises (MSEs) shall be followed. Note 2: If no eligible MSE bidders are available then aforesaid earmarked 20% quantity shall be de-reserved & the allotted quantity for other general bidders will be restored to 100% and distribution shall be as per Table -1(A) above. Note 3: If L-1, L-2, L-3, etc happens to be MSE bidders then they will be given allotted quantity as per the applicable sub-column of column 2 of above table. In case, there are MSE bidders whose quoted price is within +15% of L-1 price then 20% reserved quantity shall be distributed amongst such all MSE bidders. Note 4: MSEs quoting price within price band L-1 + 15%, when L1 is from someone other than MSE, shall be allotted to supply at least 20% of tendered value at L-1 subject to lowering of price by MSEs to L-1.

16. Tender bids received after due time & date will not be accepted by the online system. 17. All documents submitted in the bid offer should be preferably in English or Hindi. In case the certificate viz. experience, registration etc. is issued in any other language other than English or Hindi, the bidder shall attach an English or Hindi translation of the same duly attested by the bidder & the translator to be true copy in addition to the relevant certificate 18. All documents should be digitally signed by the bidder/ vendor organization. 19. The GMTD/BA Head, Moradabad, reserves the right to accept or reject any or all the bids without assigning any reasons whatsoever and he is not bound to accept the lowest tender rate. 20. During the entire evaluation process, if it is observed that the down loaded document is exactly not as per the original tender document and/or it is tempered/changed/ altered/modified in anyway, the bid will be rejected and a case of fraud is liable to be registered with police.

21. Eligibility:

1. Cost of Bid document The price of tender form/Bid document in the event of downloading from website may be paid in cash to AO (Cash), BSNL, O/o GMTD, Moradabad or in the form of Demand Draft/Bankers Cheque issued by any National/ Scheduled Bank in favour of AO (Cash), BSNL, O/o GMTD Moradabad, payable at Moradabad. In case of tender form price paid in cash as per above details, the payment receipt issued by AO (Cash) may be submitted. Note:-GST @ 18% is to charged extra on above price of Bid Document in accordance to BSNL CO letter No: 1004-09/2017-18/GST/ Notifications/2406 Dated: 23.08.2017.

2. Bid Security/ EMD (@2% of estimated cost) The EMD may be paid in the form of Demand Draft/Bankers Cheque issued by any National/ Scheduled Bank in favour of AO (Cash), BSNL, O/o GMTD Moradabad, payable at Moradabad. The EMD may also be paid in the form of BG issued by any National/ Scheduled Bank in favour of AO (Cash), BSNL, O/o GMTD Moradabad in prescribed performa. The validity of BG should be 180 days from date of opening of tender. In case EMD is up to Rs. 10000 the same can also be paid in cash to AO (Cash) Moradabad and the payment receipt issued by AO (Cash) may be submitted.

3. MSME/ NSIC Certificate if applicable The bidders registered with MSME (Micro Small & Medium Enterprises) or small scale units which are registered with National Small Scale Industries Corporation UNDER SINGLE POINT REGISTRATION SCHEME, are exempted from payment of document cost & bid security. A proof regarding current/ valid registration with MSME/NSIC for the tendered items will have to be attached along-with the bid by the bidder, duly attested by the Gazetted Officer/Notary/Self attested. If a vendor registered with MSME/NSIC under single point registration scheme claiming concessional benefits are awarded work by BSNL and subsequently fails to obey any of the contractual obligations, the bidder will be debarred from any further work/ contract by BSNL for one year from the date of issue of such order. 20 % of the Estimated Quantity/requirement in the tender Enquiry is earmarked for procurement from the eligible MSME/NSIC bidders. However, in case eligible MSME/NSIC bidder(s) are not available then this quantity would be de-reserved & the allotted quantity for other general bidders will be restored to 100%. The work will be distributed as per latest guidelines of NSIC.

4. Registration of Firm The duly attested copy by the Gazetted Officer/Notary/Self attested. a. In case of Company: - Copy of Memorandum and Articles of Association with certificate of incorporation. Copy of Resolution passed by Board of Directors / extract of Board Resolution in regard to signing of bid signed by Company secretary or by all Directors may be submitted with Technical Bid. The power of Attorney be executed by a person who has been authorized by the Board of Directors on behalf of the Company/ institution/ Body corporate. The power of Attorney should be submitted in original duly executed on the non-judicial stamp paper of Rs. 100/- attested by a Notary public for bid submission. OR b. In case of Partnership firm:-Copy of Partnership deed. Original Power of Attorney duly notarized on the non-judicial stamp paper of Rs.100/- in favour of a person who sign the bid other than the partners and must be executed by all partners. In case one partner is signing the bid document, the original Power of Attorney duly notarized on the non-judicial stamp paper of Rs.100/- executed by all other Partners in favour of a partner who sign the bid. OR c. In case of Proprietary firm: - An original affidavit duly notarized regarding the proprietorship on non judicial stamp paper stamp of Rs 10/-. Original Power of Attorney duly notarized/ registered on the non-judicial stamp paper of Rs.100/- in favour of a person who sign the bid if proprietor does not sign the bid document.

5. Experience certificate and Experience in terms of Physical & Financial aspect The bidder should have successfully completed "AMC of SMPS & Conventional Power Plant” or similar work in DOT/BSNL/MTNL/Central Govt. Dept. / State Govt. Dept. / Central PSUs / State PSUs / Private Telecom Operator during last 7 years ending last day of month previous to the one in which applications are invited should be either of the following-

c) One similar completed works each costing not less than the amount equal to 80% of the estimated cost.

The experience certificate should be issued from an officer not lower than DE/AGM (STS level) or equivalent grade in DOT/BSNL/MTNL/Central Govt. Dept. / State Govt. Dept. / Central PSUs / State PSUs. In case of Private Telecom Operator, the experience certificate should be issued from officer not lower than Project Head. The experience certificate should clearly indicate the detail of successfully completed work(s), contract agreement number with date, financial year(s) of work completion and amount of successfully completed work(s).

Note: Similar work clearly means AMC of Power Plant OR ARC of Power Plant OR Repairing of Power Plant OR CAMC of Power Plant OR Repairing of power module. The experience certificate should be attested by the Gazetted officer /Notary /self attested.

6. Turn over Average Annual Financial Turnover during the last three years, ending 31st March of the previous financial year, should be at least 30% of the estimated cost of the tender. Bidder(s) should submit as a documentary proof to this effect, duly attested by the Gazetted Officer/Notary/Self attested, i. ITCC (Income Tax Clearance Certificate) for three financial years as above. OR ii. Balance Sheet with profit and loss account duly certified by the chartered accountant for three financial years as above.

7. Solvency certificate The bidder shall furnish a Solvency Certificate from its bankers in original as evidence that he has financial capability of amount equal to 40% of tender value to perform the contract. The banker’s certificate shall not be older than the date of issue of NIT (As per given format Section-XI-A).

8. GST Registration Copy of valid Goods and Services Tax registration Certificate No(s) duly attested by the Gazetted Officer/Notary/Self attested.

9. PAN No. Copy of valid PAN duly attested by the Gazetted Officer/Notary/Self attested. a) In case of limited/Pvt. Limited company- PAN should be in the name of company only. b) In case of partnership firm – PAN should be of firm only. c) In case of sole proprietor firm - PAN should be either of sole proprietor or firm & in such case an affidavit is also to be submitted for sole proprietor of the firm.

10. PF/EPF Registration Copy of Valid PF/EPF registration certificate, duly attested copy by the Gazetted Officer/Notary/Self attested.

11. ESI Registration Copy of Valid ESI registration certificate, duly attested by the Gazetted Officer/Notary/Self attested.

12. Labour License Labour License for any ongoing work or for last work done, duly attested by the Gazetted Officer/Notary/Self attested. In case, valid labour license in not available at the time of bidding, an undertaking in original on non-judicial stamp of value Rs. 100/- to the effect that the valid labour license will be submitted within 30 days of award of Work Order. (As per given format Section-XI-B).

13. Bid Document Bid document duly filled in.

14. Bidder’s profile Bidder’s Profile etc dully filled in.

15. Declaration w.r.t GST A self-declaration along with the evidence that the bidder is not black listed by GST authorities. (As per given format Section-XI-C).

16. Indemnity Indemnify BSNL that no loss of Input Tax credit is borne by BSNL due to a default of supplier, in case the supplier gets black-listed during the tenure of BSNL contract in prescribed Performa given in tender document. (As per given format Section-XI-D).

17. Multiple GST if applicable In case of multiple GST numbers, all the numbers can be provided as Annexure, duly attested by the Gazetted Officer/Notary/Self attested.

18. Undertaking & Declaration in original on non-judicial stamp of value Rs. 10/- for understanding the terms & condition of Tender & Spec. of work (As per given format Section-XI-E).

19. Declaration in original on non-judicial stamp of value Rs. 10/- that No addition/ Deletion/alteration in bid document is done by bidder & the bid document is same as appeared on CPPP (As per given format Section-XI-F).

20. Declaration in original on non-judicial stamp of value Rs. 10/- regarding firm not debarred/blacklisted in any unit of BSNL (As per given format Section-XI).

21. Declaration(s) in original on non-judicial stamp of value Rs. 10/- regarding No Near relative by proprietor/ all partners/all Directors as the case may be (As per given format Section-X).

22. List of Directors if applicable In case of bidder being a Company, List of all Directors including their name(s), Director Identification Number(s) (DIN) and address (es) along with contact telephone numbers of office and residence, duly attested by the Gazetted Officer/Notary/Self attested.

23. Clause by Clause Compliance The clause-by-clause compliance statement (As per given format Section-XI-G).

24. No Deviation Certificate No deviation statement (As per given format Section-XI-H).

Note: (i) Scanned copies of all documents mentioned above (1 to 24) should be signed/upload with Digital Signature Certificate (DSC) by the authorized signatory of the bid offer. (ii) If any of the document is not applicable for the bidder then the bidder has to upload scanned copy of a paper mentioning “The document asked vide section …… and clause no………… is not applicable on us”. (iii) The Bid, which is not accompanied by the requisite bid security and cost of tender document and all mandatory eligible documents, shall be summarily rejected. Bid will not be accepted/received after expiry of schedule date and time. (iv) Bidders are instructed to examine worksite themselves at their own cost and quote rates accordingly. (v) Photo copy of work order / letter of intent will not be treated as experience certificate. (vi) The validity of bid will be 150 days from the date of opening of technical bid. (vii) In order to make the tender successful, the tender inviting authorities may preferably hold pre- bid conference of prospective bidders to make them understand the importance of submission of each required document etc.

(viii) Declaration w. r. t. GST as mentioned at point no. 15 is a must submission with the technical bid document. However, Evidence mean self attested copy of:- No dues certificate from state tax department OR Latest assessment order from state tax department OR GSTIN/UIN status downloaded from GST portal after advertisement date of NIT showing status as “active” OR In case, no evidence is submitted, the same shall be verified from the GSTN portal by this office as a token of confirmation. (ix) Bidder has to furnished offline documents as per clause no. 4.2 of Section IV-B. (x) In case M/s ITI will takeover the O&M of sites then O&M of those sites shall be withdrawn from the capacity of the tender agreement.

AGM (PLG.) O/o GMTD, Moradabad T. Exchange Civil lines Tel No. 0591-2425312

SECTION – II BID SUBMISSION FORM

Bidder’s Reference No: Dated:

To, The AGM (PLG) O/o GMTD, BSNL, Moradabad.

No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20, Dated 01.10.2019

Dear Sir,

1. Having examined the conditions of contract and specifications, the receipt of which is hereby duly acknowledged, we undersigned, offer to supply of goods/services in Moradabad Business Area (i.e. Moradabad SSA & Rampur SSA) in conformity with the conditions of the contract and Specifications attached herewith and made part of this Bid. 2. We undertake, if our Bid is accepted, to commence deliveries immediately and to complete delivery of all the goods/services specified in the contract from the date of issue of your purchase 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. If our Bid is accepted, we will obtain the performance guarantee of a Scheduled Bank or an amount equal to 5% of the estimated value. 5. Until a formal Purchase Order of Contract is prepared and executed, this Bid together with your written acceptance thereof in your notification of award shall, constitute binding contract between us. 6. Bid submitted by us is properly sealed and prepared so as to prevent any subsequent alteration and replacement. 7. We also declare that the printed terms and conditions, if any at the back of our tender quotation or any other paper enclosed is not applicable. 8. We understand that you are not bound to accept the lowest or any bid, you may receive. 9. I/we have deposited a sum of Rupees ………………………. As Earnest money vide DD No. ………………………………. Dated ………………………. And the DD is attached in original.

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 letterhead of the firm must accompany.

SECTION – III

TENDERER’S PROFILE

1. Name of the tenderer/firm : ------

2. Name of the person submitting Paste The tender whose photograph is affixed Attested/Self Shri/Smt. ………………………………….. Attested Photograph of owner in case the firm is sole proprietorship firm.

(In case of Proprietary/Partnership firm, the tender has to be signed by Proprietor/Partner only, as the case may be)

3. Address of the firm : ------

------

4. Telephone No. : Off ------Fax ------Resi ------(With STD code)

5. Registration and incorporation particulars of the firm:

i) Proprietorship ii) Partnership iii) Private Limited iv) Public Limited

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

6. Name of Proprietor/Partner/director: ------7. Tenderer’s bank detail with address: ------

------

8. Permanent Income Tax, Commercial Tax number: ------

Place: Date:

Signature of tenderer/authorized signatory ------with seal

VENDOR MASTER FORM

Title* : Mr. Ms. M/s Dr.

Name* :

Address * :

Town/District* :

City* :

State* : Country Postal/Pin code* : * :

Contact Details:

Telephone Number : Fax No. :

Email_id :

Name of Contact Person : Mobile No. :

Alternate Contact Person : Mobile No. :

Tax information:

PAN :

GST reg. no. :

Tax Registration no. : (for Foreign Vendors)

Income Tax Exemption details:

IT exemption no. : IT exemption rate :

IT Exemption date : IT exemption date IT exemption date from : to :

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 13 of 73

Excise Details:

Excise reg. no. :

Excise Range :

Excise Division : Excise Commissionerate :

Payment Transaction/Bank Details:

Bank Country :

Bank Name :

Bank Address :

Bank A/c No :

Bank IFSC : Account holder’s Name :

(Enclose a Cancelled Cheque / a photocopy of the Cheque to verify A/c No. & Bank details)

Industry Status:

Micro/ SSI Status : Yes No 1. I/We hereby authorize BSNL to make all payments to us by cheque /direct credit to our bank account details which are specified above. 2. I/We hereby authorize BSNL to deduct bank charges applicable for such direct bank payments.

Note: 1. If PAN is not provided, TDS @20% will be deducted wherever applicable. 2.If GST is not provided, then the taxes will not be paid wherever applicable. 3.If Bank Particulars are not provided, the payment will be made by Cheque only. 4.If the relevant documents for Micro/SSI status are not provided, then the relevant exemptions will not be given.

Company / Vendor Authorized Signatory / Designation Date: Company Seal ------

(For Office Use) Payment Vendor Account Group : Method :

TDS Type - Invoice : TDS Code - Invoice :

Checked by: Authorized by (Finance) SAP Vendor Master Created on SAP Vendor Code

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 14 of 73

SECTION – IV A INSTRUCTION TO BIDDERS

A. INTRODUCTION: 1. DEFINITIONS:

(a). President of India: The president of India means the president of India and his Successors. (b). Government of India: The government or Government of India shall mean the President of India. (c). BSNL : BSNL means the Bharat Sanchar Nigam Ltd. A public sector enterprise under the ministry of communication & IT Govt. of India. All references of: BSNL Chief General Manager Principal General Manager General Manager Deputy General Manager/Area Manager/Telecom Distt. Manager /DGM (Projects) Divisional Engineer /Divisional Engineer (Projects) Sub Divisional Engineer Junior Telecom Officer Chief Accounts Officer Accounts Officer Assistant Accounts Officer Junior Accounts Officer Including other officers in the BSNL, whatever designations assigned to them from time to time , who may be the in –charge of direction, supervision, testing, acceptance and maintenance including their successor (s) in the office appearing in various clauses shall be taken to mean the BSNL PSU under the Ministry of Communications & IT, Government of India. (d) (i) GMTD Moradabad means the Head of BA Moradabad & SSA Moradabad and his successors. (ii) TDM Rampur means the Head of SSA Rampur and his successors. (iii) BA Area Moradabad means Moradabad & Rampur SSA. (e) (i) The jurisdiction of GMTD Moradabad: The Jurisdiction of GMTD Moradabad/ TDM Rampur means Moradabad SSA/Rampur SSA which coincides geographically with Moradabad/Rampur Revenue Dist. (ii) Representative of GMTD Moradabad/ TDM Rampur: Representative of GMTD Moradabad/ TDM Rampur means Officer and staff for the time being in Moradabad SSA/Rampur SSA deputed by the GMTD Moradabad/TDM Rampur for inspecting or supervising the work or testing etc. (f) Engineer -in-charge: The Engineer – in –charge means the Engineering Officer nominated by the GMTD Moradabad/ TDM Rampur to supervise the work, under the contract. (Minimum Divisional Engineer level officer) (g) Site Engineer: Site Engineer shall mean an SDE of the BSNL who may be placed by the GMTD Moradabad/TDM Rampur as in-charge of the work at site at any particular period of time (h) A/T Unit: A/T Unit shall be mean Acceptance and Testing unit of the BSNL. (i) A/T Officer: An officer authorized by GMTD Moradabad/TDM Rampur as per guidelines. (j) Contract: The term contract means, the documents forming the tender and acceptance thereof and the formal agreement executed between the competent authority on behalf of the BSNL and the contractor, together with the documents referred to therein including these conditions, the specifications, designs, drawings and instructions issued from time to time, by the engineer in- charge and all these documents taken together shall be deemed to form one contract and shall be complementary to one another. In the contract, the following expressions shall, unless the context otherwise requires, have the meanings, hereby respectively assigned to them. the expression works or work shall unless there be something

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 15 of 73

either in, the Subject or context repugnant to such construction, be construed and taken to mean the works by or by virtue of the contract contracted to be executed whether temporary or permanent, and whether original, altered, substituted or additional. (k) Contractor: The contractor shall mean the individual, firm or company, enlisted with BSNL in accordance with procedure for enlistment of contractor, whether incorporated or not, undertaking the works and shall include the legal personal representative of such individual or the persons composing such firm or company, or the successor of such firm or company and the permitted assignees of such individual, firm or company. (l). Work :The expression “Works” shall unless there be something either in the subject or context repugnant to such construction be construct and taken to mean the works by or by virtue of the contract contracted to be executed whether temporary or permanent and whether original altered , substituted or additional. (m) Schedule (s): Schedule(s) referred to in these conditions shall mean the relevant schedule(s) or the standard schedule of rates mentioned in the document. (n) Site: The site shall mean the land / or other places on into or through which work is to be executed under the contract or any adjacent land, path or street through which, the work is to be executed under the contract or any adjacent land , path or street which may be allotted or used for the purpose of carrying out the contract. (o) Normal time or stipulated time: Normal time or stipulated time means time specified in the work order to complete the work. (p) Extension of time: Extension of time means the time granted by the BSNL to complete the work beyond the normal time or stipulated time (q) Date of commencement of work: Date of commencement of work means date of actual commencement of work or 7th day from the date of issue of work order, whichever is earlier (r) Due date of completion: Due date of completion shall be the date by which the work shall be completed at site including clearance of site. (s) Duration of completion of work: The duration of completion of work or completion time shall be time specified in the work order plus extension of time granted , if any. (t) Excepted risk : Excepted risk are risks due to war ( Whether declared or not ),invasion , act of foreign enemies, hostilities, civil war rebellion, revolution, insurrection, military or usurped power, any acts of government, damages from aircraft, acts of god, such as earthquake, lightening and unprecedented floods and other causes over which , the contractor has no control and the same having been accepted as such, by the Accepting Authority or causes solely due to use or occupation by the government of the part of the work , in respect of which a certificate of completion has been issued.

2. ELIGIBILITY OF BIDDERS:

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 16 of 73

4. Registration of Firm The duly attested copy by the Gazetted Officer/Notary/Self attested a. In case of Company: - Copy of Memorandum and Articles of Association with certificate of incorporation. Copy of Resolution passed by Board of Directors / extract of Board Resolution in regard to signing of bid signed by Company secretary or by all Directors may be submitted with Technical Bid. The power of Attorney be executed by a person who has been authorized by the Board of Directors on behalf of the Company/ institution/ Body corporate. The power of Attorney should be submitted in original duly executed on the non- judicial stamp paper of Rs. 100/- attested by a Notary public for bid submission. OR b. In case of Partnership firm:-Copy of Partnership deed. Original Power of Attorney duly notarized on the non-judicial stamp paper of Rs.100/- in favour of a person who sign the bid other than the partners and must be executed by all partners. In case one partner is signing the bid document, the original Power of Attorney duly notarized on the non-judicial stamp paper of Rs.100/- executed by all other Partners in favour of a partner who sign the bid. OR c. In case of Proprietary firm: - An original affidavit duly notarized regarding the proprietorship on non judicial stamp paper stamp of Rs 10/-. Original Power of Attorney duly notarized/ registered on the non-judicial stamp paper of Rs.100/- in favour of a person who sign the bid if proprietor does not sign the bid document.

a) Three similar completed works each costing not less than the amount equal to 40% of the estimated cost. OR b) Two similar completed works each costing not less than the amount equal to 60% of the estimated cost. OR c) One similar completed works each costing not less than the amount equal to 80% of the estimated cost.

The experience certificate should be issued from an officer not lower than DE/AGM (STS level) or equivalent grade in DOT/BSNL/MTNL/ Central Govt. Dept. / State Govt. Dept. / Central PSUs / State PSUs. In case of Private Telecom Operator, the experience certificate should be issued from officer not lower than Project Head. The experience certificate should clearly indicate the detail of successfully completed work(s), contract agreement number with date, financial year(s) of work completion and amount of successfully completed work(s).

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 17 of 73

8. GST Registration Copy of valid Goods and Services Tax registration Certificate No(s), duly attested by the Gazetted Officer/Notary/Self attested.

9. PAN No. Copy of valid PAN, duly attested by the Gazetted Officer/Notary/Self attested. a. In case of limited/Pvt. Limited company- PAN should be in the name of company only. b. In case of partnership firm – PAN should be of firm only. c. In case of sole proprietor firm - PAN should be either of sole proprietor or firm & in such case an affidavit is also to be submitted for sole proprietor of the firm.

10. PF/EPF Registration Copy of Valid PF/EPF registration certificate, duly attested by the Gazetted Officer/Notary/Self attested.

11. ESI Registration Copy of Valid ESI registration certificate, duly attested by the Gazetted Officer/Notary/Self attested.

13. Bid Document Bid document duly filled in.

14. Bidder’s profile Bidder’s Profile etc dully filled in.

15. Declaration w.r.t GST A self-declaration along with the evidence that the bidder is not black listed by GST authorities. (As per given format Section-XI-C).

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 18 of 73

17. Multiple GST if applicable In case of multiple GST numbers, all the numbers can be provided as Annexure, duly attested by the Gazetted Officer/Notary/Self attested.

18. Undertaking & Declaration in original on non-judicial stamp of value Rs. 10/- for understanding the terms & condition of Tender & Spec. of work (As per given format Section-XI-E).

20. Declaration in original on non-judicial stamp of value Rs. 10/- regarding firm not debarred/blacklisted in any unit of BSNL (As per given format Section-XI).

21. Declaration(s) in original on non-judicial stamp of value Rs. 10/- regarding No Near relative by proprietor/ all partners/ all Directors as the case may be (As per given format Section-X).

23. Clause by Clause Compliance The clause-by-clause compliance statement (As per given format Section-XI-G).

24. No Deviation Certificate No deviation statement (As per given format Section-XI-H).

Note: (I) Scanned copies of all documents mentioned above (1 to 24) should be signed/upload with Digital Signature Certificate (DSC) by the authorized signatory of the bid offer (II) If any of the documents is not applicable for the bidder then the bidder has to upload scanned copy of a paper mentioning “The document asked vide section no …. Clause no. ….. is not applicable on us”. (III) The Bid, which is not accompanied by the requisite bid security and cost of tender document and all mandatory eligible documents shall be summarily rejected. Bid will not be accepted/received after expiry of schedule date and time. (IV) Bidders are instructed to examine worksite themselves at their own cost and quote rates accordingly. (V) Photo copy of work order / letter of intent will not be treated as experience certificate. (VI) The validity of bid will be 150 days from the date of opening of technical bid. (VII) In order to make the tender successful, the tender inviting authorities may preferably hold pre-bid conference of prospective bidders to make them understand the importance of submission of each required document etc. (VIII) Declaration w. r. t. GST as mentioned at point no. 15 is a must submission with the technical bid document. However, Evidence mean self attested copy of:- No dues certificate from state tax department OR Latest assessment order from state tax department OR GSTIN/UIN status downloaded from GST portal after advertisement date of NIT showing status as “active” OR In case, no evidence is submitted, the same shall be verified from the GSTN portal by this office as a token of confirmation. (IX) Bidder has to furnished offline documents as per clause no. 4.2 of Section IV-B.

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 19 of 73

(X) In case M/s ITI will takeover the O&M of sites then O&M of those sites shall be withdrawn from the capacity of the tender agreement.

B. THE BID DOCUMENTS 3. BID DOCUMNETS 3.1 The construction work to be carried out, goods/services required, bidding procedures and Contract terms are prescribed in the Bid documents. The Bid Documents include;

3.1.1 Qualifying Bid The goods/services required, bidding procedures and contract terms are prescribed in the Bid document. The Bid Document includes: i) Notice inviting tender ii) Bid submission form iii) Tenderer’s Profile and Vendor Master Form iv)–A Instructions to bidder iv)-B E-tendering instruction to bidder v) General Conditions of Contract vi) Special Conditions of Contract vii) Performance guarantee bond form viii) Draft copy of agreement. ix) Letter of authorization for attending bid opening x) Declaration regarding near relationship with BSNL employee xi) Declaration regarding non-banned or blacklisted xi)-A Declaration Regarding furnish a Solvency Certificate xi)-B Declaration regarding labour license (if applicable) xi)-C Declaration regarding Not black listed by GST authority xi)-D Indemnity undertaking xi)-E Declaration Regarding understanding the terms & condition of Tender xi)-F Declaration Regarding No addition/ Deletion/alteration in bid document xi)-G Declaration Regarding Clause by Clause Compliance statement xi)-H No Deviation certificate xii) Financial bid BOQ

3.1.2. 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. CLARIFICATION OF BID DOCUMENTS: 4.1 A prospective bidder, requiring any clarification of the Bid Document shall notify the purchaser in writing at the Purchaser’s mailing address indicated in the Invitation for Bids. The Purchaser shall respond in writing to any request for clarification of the Bid Documents, which it receives not later than 07 days prior to the last date for the submission of bids. Copies of the query (without identifying the source) and clarifications by the Purchaser shall be sent to all prospective Bidders who have received the bid document. 4.2 Any clarification issued by BSNL in response to quarry raised by prospective bidders shall form an integral part of bid documents and it may amount to an amendment of relevant clause of the bid documents.

5. AMENDMENT OF BID DOCUMENTS: 5.1 At any time, prior to the date for submission of bids, the department may, for any reason whether suo motto or in response to a clarification requested by a prospective Bidder, modify the bid documents by amendments. 5.2 The amendments shall be notified in writing or by FAX to all prospective bidders on the address intimated at the time of purchase of bid document from the department and these amendments will be binding on them.

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 20 of 73

5.3 In order to afford prospective bidders reasonable time to take the amendments into account in preparing their bids, the department may, at its discretion, extend the deadline for the submission/opening of bids suitably.

C. PREPARATION OF BIDS 6. Cost of Bidding: The bidder shall bear all costs associated with the preparation and submission of the bid. The department, will in no case, be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process.

7. DOCUMENTS ESTABLISHING BIDDER’S ELIGIBILITY AND QUALIFICATIONS: The bidder shall furnish online, as part of his bid documents establishing the bidder’s eligibility, the following documents:

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 21 of 73

b. In case of Partnership firm:-Copy of Partnership deed. Original Power of Attorney duly notarized on the non-judicial stamp paper of Rs.100/- in favour of a person who sign the bid other than the partners and must be executed by all partners. In case one partner is signing the bid document, the original Power of Attorney duly notarized on the non-judicial stamp paper of Rs.100/- executed by all other Partners in favour of a partner who sign the bid. OR

c. In case of Proprietary firm: - An original affidavit duly notarized regarding the proprietorship on non judicial stamp paper stamp of Rs 10/-. Original Power of Attorney duly notarized/ registered on the non-judicial stamp paper of Rs.100/- in favour of a person who sign the bid if proprietor does not sign the bid document.

5. Experience certificate and Experience in terms of Physical & Financial aspect The bidder should have successfully completed "AMC of SMPS & Conventional Power Plant” or similar work in DOT/BSNL/MTNL/Central Govt. Dept. / State Govt. Dept. / Central PSUs/ State PSUs/ Private Telecom Operator during last 7 years ending last day of month previous to the one in which applications are invited should be either of the following-

The experience certificate should be issued from an officer not lower than DE/AGM (STS level) or equivalent grade in DOT/BSNL/MTNL/Central Govt. Dept. / State Govt. Dept. / Central PSUs/ State PSUs. In case of Private Telecom Operator, the experience certificate should be issued from officer not lower than Project Head. The experience certificate should clearly indicate the detail of successfully completed work(s), contract agreement number with date, financial year(s) of work completion and amount of successfully completed work(s).

8. GST Registration Copy of valid Goods and Services Tax registration Certificate No(s), duly attested copy by the Gazetted Officer/Notary/Self attested.

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 22 of 73

9. PAN No. Copy of valid PAN, duly attested copy by the Gazetted Officer/Notary/Self attested. a. In case of limited/Pvt. Limited company- PAN should be in the name of company only. b. In case of partnership firm – PAN should be of firm only. c. In case of sole proprietor firm - PAN should be either of sole proprietor or firm & in such case an affidavit is also to be submitted for sole proprietor of the firm.

10. PF/EPF Registration Copy of Valid PF/EPF registration certificate, duly attested by the Gazetted Officer/Notary/Self attested.

11. ESI Registration Copy of Valid ESI registration certificate, duly attested by the Gazetted Officer/Notary/Self attested.

12. Labour License Labour License for any ongoing work or for last work done. In case, valid labour license in not available at the time of bidding, an undertaking in original on non-judicial stamp of value Rs. 100/- to the effect that the valid labour license will be submitted within 30 days of award of Work Order. (As per given format Section-XI-B).

13. Bid Document Bid document duly filled in.

14. Bidder’s profile Bidder’s Profile etc dully filled in.

15. Declaration w.r.t GST A self-declaration along with the evidence that the bidder is not black listed by GST authorities. (As per given format Section-XI-C).

17. Multiple GST if applicable In case of multiple GST numbers, all the numbers can be provided as Annexure, duly attested by the Gazetted Officer/Notary/Self attested.

18. Undertaking & Declaration in original on non-judicial stamp of value Rs. 10/- for understanding the terms & condition of Tender & Spec. of work (As per given format Section-XI-E).

20. Declaration in original on non-judicial stamp of value Rs. 10/- regarding firm not debarred/blacklisted in any unit of BSNL (As per given format Section-XI).

21. Declaration(s) in original on non-judicial stamp of value Rs. 10/- regarding No Near relative by proprietor/ all partners/ all Directors as the case may be (As per given format Section-X).

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 23 of 73

23. Clause by Clause Compliance The clause-by-clause compliance statement (As per given format Section-XI-G).

24. No Deviation Certificate No deviation statement (As per given format Section-XI-H).

8. BID SECURITY: 8.1 The EMD may be paid in the form of Demand Draft/Bankers Cheque issued by any National/ Scheduled Bank in favour of AO (Cash), BSNL, O/o GMTD Moradabad, payable at Moradabad. The EMD may also be paid in the form of BG issued by any National/ Scheduled Bank in favour of AO (Cash), BSNL, O/o GMTD Moradabad in prescribed performa. The validity of BG should be 180 days from date of opening of tender. In case EMD is up to Rs. 10000 the same can also be paid in cash to AO (Cash) Moradabad and the payment receipt issued by AO (Cash) may be submitted. 8.2 The bidders shall furnish (D/ Draft in original) as part of his bid. 8.3 The bid security of the unsuccessful bidder will be discharged / returned as promptly as possible after the finalization of the tender. The security of the Bidders whose bids are not opened shall also be returned as early as possible. 8.4 The successful bidder’s bid security will be discharged or adjusted after the bidder’s acceptance of the acceptance letter and furnishing the performance security (5% of estimated value). 8.5 The bid security may be forfeited: 8.5.1 If a bidder withdraws his bid during the period of bid validity or. 8.5.2 In the case of a successful bidder, if the bidder fails to deposit Performance security deposit and/or fails to sign the agreement within the period specified on his being called upon to do so, after acceptance of his tender evidenced by the issue to Advance Purchase Order or Letter of Intent. 8.6 The purchaser will not be liable to pay interest on the bid security or the performance security deposits.

9. BID PRICES: 9.1 The bidder shall give the total composite price inclusive of all levies, taxes, cess and printing, packing, forwarding, freight, insurance charges, civil & electrical installation with labour charges, testing, EPF, ESI as applicable except GST. The GST will be paid as per prevailing rules Govt. of India. The offer shall be firm in Indian Rupees. No foreign exchange shall be made available by the Purchaser. Tenderer must quote the prices for all the items given in the price schedule strictly in the price schedule format (in original) for all the items. 9.2 Prices shall be quoted by the bidder in Bill of Quantity (BOQ). Prices quoted at any other place shall not be considered. 9.3 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. 9.4 Discount, if any, offered by the bidders shall not be considered unless they are specifically indicated in the schedule of rates. Bidders desiring to offer discount shall therefore modify their offers suitably while quoting and shall quote clearly net price taking all such factors like Discount, free supply, etc. into account. 9.5 Benefit of any downward revision in the statutory levies/duties shall be passed on to the purchaser and all upward revision shall be borne by the Supplier.

10. PERIOD OF VALIDITY OF BIDS: 10.1 Bid shall remain valid for 150 days after the date of bid opening. A bid valid for a shorter period shall be rejected by the Purchaser as non-responsive. If the bidder withdraws his offer before the said period or makes any modifications in the terms and conditions of the offer which are not acceptable to the purchaser, then the purchaser or his representative officer shall without any prejudice to any other right/ remedy be at liberty to forfeit the bid security of the bidder. 10.2 In exceptional circumstances, the purchaser may request the bidder’s consent for an extension to the period of bid validity. The request and the responses thereto shall be made

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 24 of 73

in writing. The period of validity of bid security provided under previous clause shall also be suitably extended. The bidder may refuse the request without forfeiting his bid security. A bidder accepting the request and granted extension will not be permitted to modify his bid.

11. SIGNING OF BID: 11.1 The bidder shall submit his bid, online compiling all eligible conditions other Terms & Conditions of tender document to be read along with the clarification and amendments issued in this respect. All the documents must be authenticated, using digital signature by the authorized person. 11.2 The bid shall contain no inter- lineation , erasures or overwriting except as necessary to correct errors made by the bidder in which case such corrections shall be signed with date by the person or persons signing the bid. 11.3 UN signed or partial signed bid shall be rejected.

D. SUBMISSION OF BIDS: 12. Method of preparation of bid: 12.0 Sealing and Marking of bids: 12.1 The bid may be called under: - Single Stage Bidding & Two Electronic Envelope System.

The details of sealing & marking of bids in each case is given below: The bidder shall submit his bid in two envelopes • The First electronic envelope will be named as Techno-commercial bid. This envelope will contain documents of bidders satisfying the eligibility / Technical & commercial conditions as per clause 2&7 with Bid security as per Clause 8 • The second electronic envelope will be named as Financial bid (BOQ) containing Price Schedules as per Section-XII. 12.2 (a) The envelope, containing Offline documents mentioned in clause 4.2 of Section- IV B shall be sealed properly by the bidder and addressed to:

The Assistance General Manager (Plg.) Office of GMTD, Civil Lines Telephone Exchange Moradabad-244001 Tel: 0591-2425312, Fax: 0591-2415656 E-mail: [email protected]

(b) The envelope shall bear the name of the tender, the tender Number, and the words ‘DO NOT OPEN BEFORE’ due date …………. & time……………... (c) The envelope shall indicate the name and complete postal address of the bidder to enable the BSNL Moradabad to return the envelope unopened in case it is declared "LATE". (d) The envelope containing all above offline documents shall be sealed properly by the bidder and shall be delivered on or before due Date & Time of submission of bid as specified in NIT(Section-I) to above said address mentioned in clause 12.2 (a)

(e) The envelope should be deposited in the tender box available at the chamber of The Assistance General Manager (Plg.), Office of GMTD, Civil Lines Telephone Exchange Moradabad-244001 or sent by Registered Post/Speed Post/Courier or delivered in person on the above mentioned address (in clause 12.2(a) above). The responsibility for ensuring that outstation envelope are delivered in time shall rest with the bidder. The BSNL Moradabad shall not be responsible if the bids are delivered elsewhere. (f) Tender not submitted in above mentioned manner will be rejected. (g) Venue of Tender Opening: The e-Tender will be opened online in the chamber of The Assistance General Manager (Plg.) Office of GMTD, Civil Lines Telephone Exchange Moradabad-244001 on date & time specified in DNIT. If due to administrative reasons, the venue of Bid opening is changed, it will be displayed prominently at venue and notice board and also on web site www.eprocure.gov.in

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 25 of 73

12.3 If offline documents are not delivered up to date & time of submission of bid as specified in DNIT, the bid shall be rejected.

13. SUBMISSION OF BIDS: 13.1 Bids must be submitted online on e-tender portal www.eprocure.gov.in and offline (Bid document Cost, EMD and other documents as per Section IV-B) by the bidders at the address specified under clause 12.2 not later than given date & time of submission as specified in NIT Section – I. 13.2 The BSNL Moradabad may, at its discretion, extend this deadline for the submission of bids by amending the Bid Documents in accordance with clause 5 of this section in which case all rights and obligations of the BSNL Moradabad and bidders previously subject to the deadline will thereafter be subjected to the extended deadline.

14. LATE BIDS No bid shall be accepted online either by e-Tender Portal or offline document by the BSNL Moradabad after the specified deadline for submission of bids prescribed by the BSNL Moradabad pursuant to clause 13.

15. MODIFICATION AND WITHDRAWAL OF BIDS 15.1 The bidder may modify, revise or withdraw his bid after submission prior to deadline prescribed for submission of bid. 15.2 The bidder’s modification, revision or withdrawal shall have to be online and digitally authenticated as per clause 12. 15.3 Subject to clause 17 no bid shall be modified subsequent to the deadline for submission of bids.

16. OPENING OF THE BIDS BY THE BSNL: 16.1 The BSNL Moradabad shall open bids online in the presence of the authorized representatives of bidders physically present who choose to attend, at time & date specified in NIT(Section-I) on due date. The bidder's representatives, who are present, shall sign in an attendance register. Authority letter to this effect shall be submitted by the authorized representatives of bidders before they are allowed to participate in bid opening (A Format is given at Section- IX). 16.2 Only one representative of any bidder shall be authorized and permitted to attend the bid opening. 16.3 For sequence & procedural details of opening of Bid, please refer Clause 6 of Section-IV- B. 16.4 The date fixed for opening of bids, if subsequently declared holiday by the BSNL/ submission of Bid is not possible due to unavoidable circumstances, the bid will be opened on the following working day, time and venue remaining unaltered unless the revised date of opening of bids is notified before opening of tender.

17. CLARIFICATION OF BIDS BY THE BSNL: 17.1 To assist in examination, evaluation and comparison of bids, the BSNL may, at its discretion ask the bidder for clarification of its bid. The request for its clarification and its response shall be in writing. However, no post bid clarification at the initiative of the bidder shall be entertained. 17.2 If any of the documents, required to be submitted along with the technical bid is found wanting, the offer is liable to be rejected at that stage. However the BSNL Moradabad at its discretion may call for any clarification regarding the bid document within a stipulated time period. In case of non compliance to such queries, the bid will be out rightly rejected without entertaining further correspondence in this regard.

18. PRELIMINARY EVALUATION: 18.1 BSNL shall evaluate the bids to determine whether they are complete, whether any computational errors have been made, whether required sureties have been furnished, whether the documents have been properly signed and whether the bids are generally in order. 18.2 If there is 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. 18.3 Prior to the detailed evaluation, pursuant to clause 19, the BSNL will determine the substantial

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 26 of 73

responsiveness of each bid to the bid document. For purpose of these clauses a substantially responsive bid is one which conforms to all the terms and conditions of the bid documents without deviations. The BSNL determination of bid's responsiveness is to be based on the contents of the bid itself without recourse to extrinsic evidence. 18.4 A bid, determined as substantially non responsive will be rejected by the BSNL and shall not subsequent to the bid opening be made responsive by the bidder by correction of the non- conformity. 18.5 The BSNL may waive any minor infirmity or non-conformity or irregularity in a bid which does not constitute a material deviation, provided such waiver does not prejudice or effect the relative ranking of the bidder. In case of any dispute the case shall be decided as per latest procurement policy including chapter 19. The bidder /vendor shall abide by the Appendix-1 Section-4 Part A of Chapter 4 (Standard tender enquity document).

19. EVALUATION AND COMPARISON OF SUBSTANTIALLY RESPONSIVE BIDS 19.1 The BSNL shall evaluate in detail and compare the bids previously determined to be substantially responsive pursuant to clause 18.

20. CONTACTING THE BSNL : 20.1 No bidder shall try to influence the BSNL on any matter relating to its bid, from the time of bid opening till the time the contract is awarded. 20.2 Any effort by the bidder to modify his bid or influence the BSNL in the BSNL's bid evaluation, bid comparison or the contract award decisions shall result in the rejection of the bid. 20.3 No post tender offer by any bidder will be entertained.

E. AWARD OF CONTRACT: 21. PLACEMENT OF ORDER: The Purchaser shall consider placement of orders for supply of goods and services on those eligible bidder/bidders whose offers have been found commercially and financially acceptable and whose goods/services have been validated by the purchaser. The purchaser reserves the rights to counter offer price(s) against price(s) quoted by any bidder.

22. BSNL'S RIGHT TO VARY QUANTUM OF WORK : 22.1 The Purchaser reserves the right during the currency of the contract to increase or decrease by up to 25% of the total quantity of goods and services specified in the Schedule of Requirements of the SSA without any change in unit price of the ordered quantity or other terms and conditions, and this will be binding on the tenderer. 22.2 The period of contract will be for one year. It can be reduced / extended by the GMTD Moradabad. The validity of contract can be extended up to six (06) months or as per BSNL rules if deemed necessary in the interest of BSNL.

23. BSNL'S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS : 23.1 The Purchaser reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids, at any time prior to award of contract without thereby incurring any liability to the affected bidder or bidders on the grounds of the Purchaser’s action. 23.2 The purchaser is not bound to award contract at the lowest price received in the tender and reserves the right to negotiate on fair and reasonable price of the goods/ services tendered and Counter Offer the same to the Bidder whose price has been evaluated as the lowest price. All other terms and conditions of tender shall remain operative even if a counter offer rate is offered to a Bidder.

24. ISSUE OF LETTER OF INTENT : 24.1 The issue of letter of intent shall constitute the intention of the BSNL to enter in to the contract with the bidder. Letter of intent will be issued as offer to the successful bidder. 24.2 The bidder shall within 14 days of issue of intent, give his acceptance along with Bank Guarantee, provided with the bid documents, failing which his EMD may be forfeited and bid is liable to be cancelled.

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 27 of 73

25. SIGNING OF AGREEMENT 25.1 The submission of performance security and signing of agreement by the successful bidder shall constitute the award of contract on the bidder. 25.2 Upon the successful bidder furnishing security deposit pursuant to clause 24, the purchaser shall discharge the EMD in pursuant to clause 8.

26. ANNULMENT OF AWARD: Failure of the successful bidder to submit performance security shall constitute sufficient ground for the annulment of the award and forfeiture of the bid security in which event the Purchaser may make the award to any other bidder at its own discretion or call for new bids.

27. DECLARATION REGARDING NEAR RELATIONSHIP WITH BSNL EMPLOYEE; The bidder shall submit a declaration regarding his/ her/ their near relationship with BSNL employee, if any, in the format prescribed in Section X of the bid document, confirming that none of his/ her/ their near relative is working in the unit(s) of BSNL, as defined below where he/ she/ they is/ are going to apply for tender. In case of proprietorship firm, the proprietor shall give certificate; for partnership all the directors of the company will give by all the partners; and in case of limited company firm certificate. Any breach of these conditions by the company or firm or any other person, the tender/ PO/ Work will be cancelled and the bid security/ performance security deposit will be forfeited at any stage whenever it is noticed and the BSNL will not pay any damages 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 is related to the other in the manner as Father, Mother, and Son(s) & Son’s wife (Daughter in law), Daughter(s) & Daughter’s husband (Son in law), Brother(s) & Brother’s wife (Sister in law), Sister (s) & Sister’s husband (Brother in law).

28. Mandatory Requirements: Bidder & his supervisor must be equipped with (i) BSNL Mobile phone, (ii) Identity card.

29. If any innovative and creative attentive is devised by the SSA’s either on its own or as directed from above, which covers the scope of this tender in whole or in part, this tender/contract agreement can be terminated by GMTD/BA HEAD Moradabad after taking stock of the situation either immediately or at a future date to which contractor will not have any claim.

30. Criteria for evaluations: The amount quoted rate (R) of a particular item will be multiplied with the quantity (Q) of that particular item (Section XII). Thus the aggregate sum for all items will determine the lowest bidder.

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 28 of 73

SECTION – IV B E-TENDERING INSTRUCTIONS TO BIDDERS

Note:-The instructions given below are for NIC’s e-tender portal and for e-tenders invited by GMTD/BA Head BSNL Moradabad General These Special Instructions (for e-Tendering) supplement ‘Instruction to Bidders’, as enclosed in Sec 4 Part A of the Tender Documents. Submission of Bids only through online process is mandatory for this Tender. For conducting electronic tendering, BSNL Moradabad has decided to use the portal http://www.eprocure.gov. in through Central Public Procurement Portal of NIC, (Govt. of India) New Delhi.

1. Tender Bidding Methodology: Sealed Bid System –‘Single Stage Using Two Envelopes’, The Techno-commercial & Financial bids shall be submitted online by the bidder at the same time.

2. Broad outline of activities from Bidders prospective: 1. Procure a Digital Signing Certificate (DSC) 2. Register on Electronic Tendering System® (ETS) 3. Create Users and assign roles on ETS 4. View Notice Inviting Tender (NIT) on ETS 5. Download Official Copy of Tender Documents from ETS 6. Clarification to Tender Documents on ETS  Query to BSNL (Optional)  View response to queries posted by BSNL, as addenda. 7. Bid-Submission on ETS 8. Attend Online Tender Opening Event (TOE) of Techno-commercial Part 9. View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond to BSNL’s Post-TOE queries 10. Attend Online Tender Opening Event (TOE) of Financial-Part (Only for Technical Responsive Bidders).

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

a. Digital Certificates: For integrity of data and its authenticity/ non-repudiation of electronic records, and be compliant with IT Act 2000, it is necessary for each user to have a Digital Certificate (DC). also referred to as Digital Signature Certificate (DSC), of Class 2 or above, issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer http://www.cca.gov.in].

b. Registration : To use the Electronic Tender® portal (https://www.eprocure.gov.in)/, vendor needs to register on the portal. Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e-tendering activities. For further details, use the Electronic Tender portal www.eprocure.gov.in, the vendor should visit the home page of the portal www.eprocure.gov.in and go to the e-procure link then select Bidders Manual KIT. On successful submission of Registration details. Please contact NIC Helpdesk as given below, to get your registration accepted/activated.

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 29 of 73

NIC HELPDESK Telephone No. (Toll Free) 1800 233 7315 E-Mail I.D. [email protected] (Please mark cc to [email protected]) BSNL CONTACT DETAILS.

BSNL`s Contact Person-1 AGM (PLG) 0591-2425312(between 10:00 hrs. to 17.00 Telephone No. Hrs. on working days. E-Mail I.D. [email protected] BSNL`s Contact Person-2 SDE (Planning) 0591-2411424 Telephone No. E-Mail I.D. [email protected]

4. Method for submission of bid documents:- The bid-submission shall be online on CPPP, however Some documents mentioned in clause 4.2 are to be submitted physically offline as follows: 4.1 Online submission: (as per clause of-2 & 7 of Section IV-A)

Sl No. Contents of 1st Electronic Envelops Contents of 2nd Electronic Envelops

(1) Original Price Schedule (BOQ) 1 The documents listed in Clause 2 & 7 of (Download Price Schedule(BOQ) in XLS format, Section-IV-A duly fill in the required details & upload)

Note:- (i) If some document is not applicable for the bidder then he has to upload scanned copy of paper mentioning “The document < Name> called vide section no ______clause ______is not applicable on us”. (ii) If document asked for contains more than one page then all those pages may be uploaded in one PDF format file a. Please take care to scan documents such that the total size of documents to be uploaded remains minimum. If required, documents may be scanned at lower resolutions say at 150 dpi. However it shall be sole responsibility of bidder that the uploaded documents remain legible. b. Utmost care may be taken to name the files / documents to be uploaded on CPPP. There should be no special character or space in the name of file. Only underscores are allowed. The illustrative examples are given below:-

Allowed or not File Name Reason for allowed / not allowed allowed in CPPP QA Certificate Not allowed Space in between words / characters not allowed QA Certificate(I) Not allowed Special characters not allowed. QA_ Certificate Allowed Under Score allowed between words / characters. QA Certificate Allowed Upper & Lower case allowed

c. It is advised that all the documents to be submitted as per Clause 2 & 7 of Section-IV-A of bid document are kept scanned or converted to PDF format in a separate folder on your computer before starting on-line submission. d. The names and total size of each document (Preferable below 50 MB) may be checked before uploading.

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 30 of 73

4.2 Offline Submissions: The bidder shall submit the following documents offline to AGM (PLG), O/o GMTD BSNL Civil Lines Telephone Exchange, Moradabad- 244001 on or before the date & time of submission of bids specified in NIT, in a Sealed Envelope. The envelope shall bear (the tender name), the tender number and the words ‘DO NOT OPEN BEFORE’ (due date & time).

1. Cost of tender form and EMD-Bid Security (Original copy) (As per Section-I). 2. Original cash receipt/DD/ Bankers cheque/BG- drawn in favour of “AO (Cash), BSNL O/o GMTD, Moradabad”, against payment of tender fee and EMD). 3. Solvency certificate in original (As per given format Section-XI-A). . 4. An undertaking on non-judicial stamp of value Rs. 100/- to the effect that the valid labour license will be submitted within 30 days of award of Work Order (if applicable) (As per given format Section-XI-B) in original. 5. Undertaking & Declaration on non-judicial stamp of value Rs. 10/- for understanding the terms & condition of Tender & Spec. of work (As per given format Section-XI-E) in original. 6. Declaration on non-judicial stamp of value Rs. 10/- that No addition/ Deletion/alteration in bid document is done by bidder & the bid document is same as appeared on CPPP (As per given format Section-XI-F) in original. 7. Declaration on non-judicial stamp of value Rs. 10/- regarding firm not debarred/blacklisted in any unit of BSNL (As per given format Section-XI) in original. 8. Declaration(s) on non-judicial stamp of value Rs. 10/- regarding No Near relative by proprietor/ all partners/ all Directors as the case may be (As per given format Section-X) in original. 9. Photo copy of valid NSIC/MSE registration, items covered in the registration & monetary ceiling of each item (if applicable). 10. Affidavit in Original from the Proprietor of the Firm that he is the sole-proprietor of the firm (if applicable). 11. Power of attorney (if applicable) in original.

Note: The Bidder has to upload the Scanned copy of all above said documents during online Bid submission also.

5. Special Note on Security of Bids : Security related functionality has been rigorously implemented in ETS in a multi-dimensional manner. Starting with 'Acceptance of Registration by the Service Provider', provision for security has been made at various stages in Electronic Tender’s software.

6. Online Tender Opening Event (TOE): CPPP offers a unique facility for ‘Online Tender Opening Event (TOE)’. Tender Opening Officers as well as authorized representatives of bidders can attend the Online Tender Opening Event (TOE) .Every legal requirement for a transparent and secure ‘Online Tender Opening Event (TOE)’ has been implemented on CPPP. (i) The bids will be opened in 2 stages i.e.(i) Techno-commercial bid & (ii) Financial bid (BOQ). The techno commercial bid shall be opened on the date of tender opening given in DNIT. The financial bid (BOQ) will not be opened on the date of opening of techno- commercial bids.  As soon as a Bid is decrypted by the TOC, the documents will be opened from the Techno- commercial bid one by one and the same report of TOC will be uploaded on e-tender portal.  Thereafter the TEC will evaluate Techno-commercial bids and the report of TEC will be approved by competent authority and the same report of TEC will be uploaded on e-tender portal of techno-commercially compliant bidders for information of financial bid opening.  The financial bids of those bidders who are approved to be techno-commercially compliant by the competent authority will be opened by TOC in front of techno-commercially eligible bidders/ authorized representatives. (ii) The following information should be read out at the time of Techno-commercial bid opening:- a) Name of the Bidder b) Name of the item

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 31 of 73

c) EMD amount & validity and acceptability d) Information in respect of eligibility of the bidder e) Details of bid modification / withdrawal, if applicable (iii) The following information should be read out at the time of Financial bid opening:- a) Name of the Bidder b) Name of the item c) Quantities / prices quoted in the bid d) Taxes & levies.

7. PRICE SCHEDULE / (Bill Of Quantity ) Utmost care may kindly be taken to upload Price Schedule/ BOQ (Section-XII). Any change in the format of Price Schedule / BOQ file shall render it unfit for bidding. Following steps may be followed:- 1. Down load (i) price schedule / BOQ in XLS format. 2. Fill rates in down loaded price schedule / BOQ as specified in XLS format only in White back ground cells. Don’t fill in grey back ground cells. 3. BOQ file is password protected XLS file. Don’t unprotect the file. Price has to be filled in the same file and has to be uploaded. 4. Save filled copy of downloaded price schedule / BOQ file in your computer and remember its name & location for uploading correct file (duly filled in) when required.

8. OTHER INSTRUCTIONS : For further instructions, the vendor should visit the home-page of the portal (www.eprocure.gov.in), and go to the Bidders Manual Kit. The compatible support software (PDF Converter, Java, etc) for online bid submission may be downloaded from CPP Portal. Important Note: It is strongly recommended that all authorized users of Supplier organizations should thoroughly peruse the information provided under the relevant links of e-procurement portal (CPPP), and take appropriate action. This will prevent hiccups, and minimize teething problems during the use of CPPP. The following ‘FOUR KEY INSTRUCTIONS for BIDDERS’ must be assiduously adhered to: 1. Obtain individual Digital Signing Certificate (DSC or DC) well in advance of your first tender submission deadline on CPPP. 2. Register your organization on CPPP well in advance of your first tender submission deadline on CPPP. 3. Get your organization’s concerned executives trained on CPPP well in advance of your first tender submission deadline on CPPP. 4. Submit your bids well in advance of tender submission deadline on CPPP as there could be last minute problems due to internet timeout, breakdown, etc. While the first three instructions mentioned above are especially relevant to first-time users of CPPP, the fourth instruction is relevant at all times. (BSNL shall not be responsible any problem arising out of internet connectivity issues).

9. Minimum Requirements at Bidders end  Computer System with good configuration (Min P IV, 1 GB RAM, Windows XP)  Broadband connectivity.  Microsoft Internet Explorer 6.0 or above  Digital Certificate(s) for users.

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 32 of 73

SECTION – V GENERAL CONDITIONS OF THE CONTRACT

1. GENERAL CONDITION (i) The contractor during the period of this contract shall apply for one year from the date of agreement made. (ii) The contractor shall employ the requisite number of workmen with means, material required for the proper execution of work within the time prescribed in the agreement (iii) The contractor shall not charge any extra amount for traveling or transport expenses, overtime allowance and charges for materials used by him and will not be entitled to get compensation for any damage or loss in the course of supply of goods/services. (iv) The contractor shall supply the goods/Services in the most efficient manner in every respect and in strict accordance with the instructions given to him from time to time by GMTD, Moradabad or his representative, including the instructions contained in the Purchase Order. (v) The contractor shall be responsible for providing all statutory benefits to the Personal employed by him including off days after 6 days work and national holidays PF, ESI etc. b. He shall also be solely responsible for compliance of various statutory obligations (Including the financial liability) under the contract labour (Regulation and Abolition Act), workman compensation Act and other laws and rules as applicable from time to time. c. It will be sole responsibility on the contractor to ensure that all statutory obligation regarding labour act and various welfare legislations are adhered strictly. In case of any monitory loss suffered by BSNL due to non-adhence of statutory obligation under various legislations including labour laws, will be liable to be recovered from defaulter contractor.

2. INDEMNIFICATIONS (i) The contractor shall indemnify BSNL against all third party claims of infringement of patent, trademark or industrial design rights, if any, as and when they arise. (ii) In every case in which by virtue of the provisions of Workmen Compensation Act, BSNL is obliged to pay compensation to a workman employed by the contractor in execution of work, BSNL will be entitled to recover from the contractor the amount of compensation paid. The BSNL shall not be bound to contest any claim against it under the Act except on the written request of the contractor and upon his giving to BSNL full security for all costs for which the BSNL might become liable in consequence to contesting such claim. (iii) The contractor shall indemnify BSNL against all other damage, costs, charges and expenses for which the BSNL may be held liable or incur 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 of any member of the public or any other concern during executing the works or otherwise and against all claims and demands in respect thereof. (iv) Indemnify BSNL that no loss of Input Tax credit is borne by BSNL due to a default of supplier, in case the supplier gets black-listed during the tenure of BSNL contract in prescribed Performa given in tender document.

3. PERFORMANCE SECURITY :( To be collected at the time signing of contract agreement/ acceptance of APO/LOI) I. All suppliers/bidders (including MSEs who are registered with the designated MSME bodies, like National Small Scale Industries Corporation etc.) shall furnish performance security to the purchaser for an amount equal to 5% of the value of Advance Purchase Order/ value mentioned in Letter of Intent within 14 days from the date of issue of Advance Purchase Order/ Letter of Intent by the Purchaser. II. 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. III. The performance security Bond shall be in the form of Bank Guarantee issued by a scheduled Bank and in the Performa provided of Bid Document. IV. The performance security Bond will be discharged by the Purchaser after completion of the supplier's performance obligations including any warranty obligations under the contract. V. The validity period of the performance security in the form of PBG should be as given below

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 33 of 73

depending on Period of contract.

Period of Contract Validity of Performance Security 1 Year 2 Years & 6 Months 1 Year & 6Months 3 Years 2 Years 3 Years & 6 Months

3.1 Security Deposit: In addition to Performance Bank Guarantee as clause 3, the 5% Security Deposit is to be taken from the non MSME bidder in the following way; a) The 2% EMD already submitted with technical bid by the bidder shall be converted into Security Deposit with the written consent of bidder. In case EMD is in form of BG, the validity of BG may be got suitably extended by contractor on written request of the purchaser. b) Remaining 3% amount towards Security Deposit shall be deducted from each running bills/bills of the contractor. c) If the contractor is not willing for conversion of EMD into Security Deposit, 5% amount towards Security Deposit shall be deducted from each running bills/bills of the contractor. Note: - In case of MSME/NSIC registered bidder who have availed the benefit of exemption of price of bid document and the bid security (EMD), 5% amount towards Security Deposit shall be deducted from each running bill/bill of the contractor. i. The proceeds of the Security Deposit shall be payable to the Purchaser as compensation for any loss resulting from the supplier's failure to complete its obligations under the contract. ii. The Security Deposit will be discharged by the Purchaser after completion of the contractor’s/ supplier's performance obligations including any warranty obligations under the contract. The Security Deposit will be a non interest bearing deposit, for any period what so ever.

4. PAYMENT TERMS: 4.1 SSA vice work order shall be issued by concern SSA. The Contractor will submit duly pre- receipted and duly verified bills in duplicate to planning section of concern SSA through dispatch or by post. The Bill should be verified by controlling SDE and counter signed by concerned DE of the concern SSA. 4.2 Payments of bill will be made subject to availability of funds. 4.3 The PAN No. and GST registration No. should be super scribed on each bill. 4.4 Necessary deductions like TDS, BOCWWC etc will be made from bills as per prevailing rules. No interest on any deferred/-delayed payments arising out of this contract shall be payable in any case whatsoever. 4.5 The receipt of paid GST to the concern department is to be attached with the bill.

5. PRICES (i) (a) Prices charged by the contractor under the Contract shall not be higher than the prices quoted by the supplier in his Bid. (b) In the case of revision of Statutory Levies/Taxes during the finalization period of tender, the purchaser reserves the right to ask for reduction in the prices. (ii) (a) Prices once fixed will remain valid during the schedule deliver period. Increase and decrease of Taxes and other statutory duties will not affect the price during this period. (b) Any increase in taxes and other statutory duties/levies after the expiry of the delivery date shall be to the supplier's account. However the supplier shall pass on benefit of any decrease in these taxes/duties to the Purchaser.

6. CHANGES IN PURCHASE ORDERS: The BSNL may, at any time, by a written order given to the supplier, make changes in supply of goods/services. In case M/s ITI will takeover the O&M of sites then O&M of those sites shall be withdrawn from the capacity of the tender agreement.

7. SUBCONTRACTS Subcontracting is not allowed in this contract. If contractor without written approval of Competent Telecom Authority, assign or sublet his contract, or attempt so to do, or become insolvent or commence any insolvency proceedings or make any composition with his creditors

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 34 of 73

or attempt so to do, or if any bribe gratuity, gift, loan, perquisite, Moradabad or advantage pecuniary or otherwise, shall either directly, or indirectly, be given, promised or offered by the Contractor, or any of his servants or agent to any public officer or person in the employ of BSNL in any way relating to the office or employment, or if any such officer or person shall become in any way directly or indirectly interested in the contract, the Competent Telecom Authority shall have power to adopt any of the courses specified in the tender document as he may deem suited in the interest of BSNL.

8 LIQUIDATED DAMAGES 8.1 The date of delivery of the stores must be completed not later that the dates specified therein. Extension will not be given except in exceptional circumstances. However, deliveries, without prior concurrence of the Purchaser and be accepted by the consignee, such deliveries will not deprive the Purchaser of his right to recover liquidated damages under sub-clause below. 8.2 if the tenderer fail to deliver the stores/service within period prescribed for delivery/ provisioning of services, the Purchaser shall be entitled to recover charges as per penalty clause. 8.3 In such case it will also be open to department to go in for the purchase of the materials & services from any other source and excess amount paid to other party(s) if any, will be deducted from the security deposit or from whatsoever sources available to the BSNL including bill(s) pending for payment.

9. FORCE MAJEURE If at any time during the continuance of this contract, the performance in whole or in part by either party under obligation as per this contract is prevented or delayed by reasons of any war or hostility, act of public enemy, civil commotion, sabotage, fire, flood, explosion, epidemic, quarantine restrictions, strike, lockout or acts of God (herein after refereed to “eventuality”), provided notice of happening of any such eventuality is given by either party to the other within 21 days of the date of occurrence thereof, neither party shall by reason of such an “eventuality” be entitled to terminate this contract nor shall either party shall have any claim or damages against the other in respect of such non-performance or delay in performance and deliveries under the contract. The contract shall be resumed as soon as practicable after such “eventuality” has come to an end or ceased to exist. In case of any dispute, the decision of GMTD, BSNL, Moradabad shall be final and conclusive, provided further that if the performance in whole or part of any obligation under this contract is prevented or delayed by reason of any such eventuality for a period exceeding 60 days, either party may at its option, terminate the contract. Provided also that if the contract is terminated under this clause the purchaser shall be at liberty to take over from the contractor at a price to be fixed by the GMTD BSNL Moradabad, which price shall be final, all unused, undamaged and acceptable materials, bought out components and other stores in the course of the manufacture which may be in the possession of the contractor at the time of such termination or such portion thereof as the purchaser may deem fit, except such materials, as the contractor may, with the concurrence of the Purchaser, elect to retain.

10. TERMINATION FOR DEFAULT 10.1 The Purchaser may, without prejudice to any other remedy for breach of contract, by written notice of default, sent to the Supplier, terminates this Contract in whole or in part. a) If the Supplier fails to deliver any or all of the goods & services within the time period (s) specified in the Contract or any extension thereof granted by the purchaser. b) If the Supplier fails to any other obligation (s) under Contract, or c) If the Supplier, in either of the above circumstance(s), does not remedy his failure within a period of 30 days (or such longer period as Purchase ma authorize in writing) after receipt of the default notice from Purchaser. 10.2 In the event the Purchaser terminates the contract in whole or in part, the Purchaser may procure, upon such terms and in such manner as seems appropriate, goods & services similar to those undelivered and the Supplier shall be liable to the Purchaser for any excess cost for such similar goods & services. However, the Supplier shall continue performance of the contract to the extent not terminated.

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 35 of 73

11. TERMINATION FOR INSOLVENCY The Purchaser may, at any time terminate the contract by giving written notice to the supplier, without compensation to Supplier, if the Supplier becomes bankrupt to otherwise insolvent as declared by the competent court provided that such termination will not prejudice or affect any right or remedy which accrued or will accrue thereafter to the Purchaser.

12. ARBITRATION (Application in case of supply orders/ Contracts with firms, other than Public Sector Enterprise) (Not applicable in cases valuing less than Rs. 5 lakhs) Except as otherwise provided elsewhere in contract, if any dispute, difference, question or disagreement arises between the parties hereto or their respective representatives or assignees, in connection with construction, meaning, operation, effect, interpretation of the contract or breach therof which parties unable to settle mutually, the same shall be referred to Arbitration as provided hereunder: 1) A party wishing to commerce arbitration proceeding shall revoke Arbitration Clause by giving 60 days’ notice to the designated officer of the other party. The notice involking arbitration shall specify all the points of disputes with details if the amount claimed to referred to arbitration at the time of invocation of arbitration and not thereafter. If the claim is in foreign currency, the claimant shall indicate its value in Indian Rupee for the purpose of constitution of the arbitral tribunal. 2) The number of arbitrators and the appointing authority will be as under.

Claim amount (excluding claim for Number of arbitrator Appointing Authority counter claim, if any) BSNL (Note: BSNL will forward the list Sole Arbitrator to be containing names of three Above Rs. 5 lakhs to Rs. appointed from a panel of empanelled arbitrators to the other 5 Crores arbitrators of BSNL party for selecting one from the list who will be appointed as sole arbitrator by BSNL) One arbitrator by each party and the 3d arbitrator, who shall be the Above Rs. 5 crores 3 Arbitrators presiding arbitrator, by the two arbitrators. BSNL will appoint its arbitrator from its panel.

3. Neither party shall appoint its serving employee as arbitrator. 4. If any of the Arbitrators are appointed dies, resigns, becomes incapacitated or withdraws for any reason from the proceedings, it shall be lawful for the concerned party / arbitrators to appoint another person in his place in the same manner as aforesaid. Such person shall proceed with the reference from the stage where his predecessor had left it both parties consent for the same, otherwise, he shall proceed again. 5. Parties agree that neither party shall be entitled to any pre-reference or pendtelite interest on their claims. Parties agree that any claim for such interest made by any party shall be avoid. 6. Unless otherwise decided by the parties, fast Track procedure as prescribed in Section 29 B of the Arbitration Conciliation Act, 1996 for the resolution of all disputes shall be followed, where the claim amount uptoRs. 5 crores.

[29B. Fast Track procedure – (1) Notwithstanding anything contained in this Act, the parties to an arbitration agreement, may, at any stage either before or at the time of appointment of the arbitral tribunal, agree in writing to have their dispute resolved by Fast Track procedure specified in sub section(3) (2) The parties to the arbitration agreement, while agreeing for resolution by fast track procedure, may agree that the arbitral tribunal shall consist of a sole arbitrator who shall be chosen by the parties. (3) The arbitral tribunal shall follow the following procedure while conducting arbitration proceedings under sub-section (1):-

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 36 of 73

(a) The arbitral decide the dispute on the basis of written pleadings, documents and submissions filed by the parties without oral hearing. (b) The arbitral tribunal shall have the power to call for any further information or clarification from the parties in addition to the pleadings and documents filed by them. (c) An oral hearing may be held only, if all the parties make a request anyartibunal tribunal considers it necessary to have oral hearing for clarifying certain issues. (d) The arbitral tribunal may dispense with any technical formalities, if an oral hearing is held , and adopt such procedure as deemed appropriate for expeditious disposal of the case. (4) The award under this section shall be made within a period of six months from the date the arbitral tribunal enters upon the reference. (5) If the award is not made within the period specified in sub section (4), the provisions of sub section (3) to (9) of Section 29 A shall apply to the proceedings. (6) The fees payable to the arbitrator and the manner of payment of the fees shall be such as may be agreed between the arbitrator and the parties. (7). The arbitral tribunal shall make and publish the award within time stipulated as under:

Period for making and publishing of the award (counted from the date the Amount of Claims and Counter Claims arbitral tribunal enters upon the reference) Up to Rs. 5 crores Within 6 months (Fast Track procedure) Above Rs. 5 crores Within 12 months

However, the above time limit can be extended by the Arbitrator for reasons to be recorded in writing with the consent of parties and in terms of provisions of the Act (8). In case of arbitral tribunal of 3 arbitrators, each party shall be responsible to make arrangements for the travel and stay, etc. of the arbitrator appointed by it. Claimant shall also be responsible for making arrangements for travel/stay arrangements for the Presiding Arbitrator and the expenses incurred shall be shared equally by the parties. In case of sole arbitrator, BSNL shall make all necessary arrangements for his travel/stay and the expenses incurred shall be shared equally by the parties. (9). The Arbitration proceeding shall be held at SSA Headquarter. (as the case may be). 10. Subject to the aforesaid conditions, provisions of the Arbitration and Conciliation Act, 1996 and any statutory modifications or re-enactment thereof shall apply to the arbitration proceedings under this clause. II. Following Arbitration Clause may be incorporated in Contracts POs, APOs. Tenders Eols, etc. between BSNL and Central/State Government (s) as the case may be in terms of DPE guidelines for settlement of commercial disputes between Public Sector Enterprises inter-se and Public Sector Enterprise(s) and Government Department(s) through Permanent Machinery of Arbitrators (PMA) in the Department of Public Enterprises.

In the event of any dispute or difference relating to the interpretation and application of the provisions of the contracts, such dispute or difference shall be referred by either party for Arbitration to the sole Arbitrator in the Department of Public Enterprises to be nominated by the Secretary to the Government of India in-charge of the Department of Public Enterprises. The Arbitration and Conciliation Act, 1996 shall not be applicable to arbitration under this clause. The award of the Arbitrator shall be binding upon the parties to the dispute, provided, however, any party aggrieved by such award may make a further reference for Ministry of Law & Justice, Government of India. Upon such reference the dispute shall be deiced by the Law Secretary or the Special Secretary/Additional Secretary, when so authorized by the Law Secretary, whose decision shall bind the Parties finally and conclusively. The Parties to the dispute will share equally the cost of arbitration as intimated by the Arbitrator. Further, with regard to already signed/existing contracts, existing Arbitration clause for sole arbitrator can be invoked in case the parties waive, subsequent to disputes having arisen between them, the applicability of sub-section (5) of section 12 by an express agreement in writing.

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 37 of 73

III. APPLICABLE LAW AND JURISDICTION a. The supply order for Goods 'or Services, including all matters connected with this supply order shall be governed by the Indian law both substantive and procedural, for the time being in force and shall be subject to the exclusive jurisdiction of Indian Courts at the place from where the Purchase Order has been placed. b. Foreign companies, operating in India or entering into Joint Ventures in India, shall have to obey the law of land and there shall be no compromise or excuse for the ignorance of the Indian legal system in any way.

1.0 Empanelment of Arbitrators The Eligibility condition for fresh empanelment is modified as following: Eligibility 1.1 a. The applicant should be retired officer of SAG level or above from DOT/BSNL before three years on date of application. Or b. The applicant should be a retired SAG level officer or above from other central government departments CPSES. Or c. The applicant should be a retired judge of District & Session Court/High Court Supreme Court or an eminent jurist/lawyer. In case of lawyer, he should have already been empaneled as an arbitrator in at least one organization of repute. 1.2 Applicant will give declaration that no vigilance case is pending against him/her as on date of submission of application 1.3 The applicants should not be in full time employment on regular contract basis. An undertaking regarding shall be submitted with the application. 1.4 The applicant should be below 75 years of age. Format of application is appended as Annexure I along with declaration as required by amended act as Annexure II. 1.5 Fresh applications may be called from already empanelled arbitrators and scrutinized as per provisions of Schedule V to VIl. The Committee as mentioned in letter No. MMS/135-1/2013- 14/30 dated 12.12.2014 may be authorized to recommend all eligible candidate(s) to Competent Authority for fresh appointment of arbitrator i.e. CGMs in Circle level.

2.0 Methodology for Empanelment The officer who wishes to get empanelled should submit his/her application in the prescribed format (Annexure-I and Annexure- II) for empanelment of Arbitrators. 2.1 For empanelment of Arbitrator at Telecom Circle level, the application may be sent to AGM (MM) in the respective Telecom Circle office. 2.2 As and when an application is received from the officer, Vigilance Clearance and Verification of Service particulars will be obtained from the concerned authorities by the receiving officer(s). Subsequently the application will be submitted to a Screening Committee on a monthly/quarterly basis whose composition is as given below.

(a) At Circle Level: (i) Screening Committee comprising of Sr.GM/GM (NWP-CFA/CM), GM (FYTR and Sr.GMGM (Admn.) and the senior most member will head this committee. 2.4 The Screening Committee will recommend empanelment of the applicant as an arbitrator. The recommendation of the committee will be approved by CGM Telecom Circle, as the case may be. 2.5 The names of the approved candidates shall be included in the panel of Arbitrators in the respective units of BSNL HQ. A register containing the names of the Arbitrators shall be maintained AGM (MM) at circle Level.

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 38 of 73

3.0 Terms & Conditions for empanelment 3.1 Initial empanelment will be done for a period of 3 (Three) years from the date of empanelment and renewal can be done after 3 years each Note- Renewal will be made on the basis of performance in the cases handled by the arbitrator. 3.2 An arbitrator will continue to handle the ongoing cases in hand till the age of 75 years. After attaining age of 75 years extension in the period to conclude in-hand arbitration cases, will be given in slabs of 03 months, not exceeding 06 months in any case. After this the balance cases will be handed over to other arbitrator. However new cases will not be assigned to an arbitrator after he/she attains age of 74 years. 3.3 Empanelled arbitrator is required to submit a certificate every year in the month of December to the effect that he/she is not employed anywhere.

4.0 Terms & Conditions regarding award: 4.1 The arbitral tribunal shall make and publish the award within time stipulated as under

Period for making and publishing of the award Amount of Claims and Counter Claims (counted from the date the arbitral tribunal enters upon the reference) Up to Rs 5 crores Within 6 months (Fast Track procedure) Above Rs 5 crores Within 12 months

4.2 However, the above time limit can be extended by the Arbitrator for reasons to be recorded in writing with the consent of parties and in terms of provisions of the Act. 4.3 The venue of arbitration shall be normally BSNL New Delhi and or CO Circle/ SSA HQ. 4.4 The number of cases referred to each empanelled arbitrator for arbitration shall be restricted to a maximum of four (4) at a time.

5. Appointment of arbitrator in a case: 5.1 For all the disputes arising after the formation of BSNL, i.e. for all those cases where the powers to appoint arbitrator lies with CMD, BSNL arditrator shall be appointed vy BSNL HO. . form one of the officers whom name is included in the BSNL HQ panel for BSNL HQ cases and . from one of the officers whom name is included in the panel in the perspective Telecom circle cases ()if beyond the power of CGM). 5.2 For the dispute arising in BSNL Circles, the arbitrators shall be appointed by CGM of the respective circle, in case when the CGM is named as an authority to nominate arbitrator in the agreement contract, from among the officers having relevant expertise experience in the panel in the respective Telecom circle. 5.3 The panel of arbitrators shall be maintained circle-wise and all efforts shall be made to appoint the Arbitrator from the same city where the dispute has arisen. Unless in special circumstances, normally cases shall be entrusted to those Arbitrators whose residence is the nearest to the circle/unit where the dispute has arisen. Further, before appointing the Arbitrator from panel, a declaration in writing has to be obtained from the Arbitrator as prescribed in Annexure-ll hereto. 5.4 Aforesaid guidelines with revised terms & conditions shall be applicable to the present panel of arbitrators and for the cases allotted on or after the date of issuance of these revised guidelines as well as to ongoing non-finalized arbitration cases where award is given within 06 months from the date of appointment of arbitrator in a case. This panel will be applicable for all kinds of arbitration cases pertaining to procurement of Goods and Services in BSNL.

6. Fees payable to Arbitrators Arbitration fee for BSNL empanefled arbitrator may prescribe the folliowing fee under Section 31 (A) of the Arbitration and Conciliation Act, 1995. Sum in dispute Proposed fee Above Rs. 5,00,000/- and uptoRs. 20,00,000 Rs. 45,000 Above Rs. 20,00,000/- and uptoRs. 1,00,00,000 Rs. 97,500/- Above Rs. 1,00,00,000 and uptoRs. 10,00,00,000 Rs. 3,37,500 Above Rs. 10,00,00,000/ and uptoRs 20,00,00,000 Rs. 12,37,500/

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 39 of 73

Above Rs. 20,00,00,000 Rs 19 87 500

This fee wil be shared equally by both the parties. Each party shall pay its share of arbitrator's fees in stages as under: Each party shall pay its share of arbitrator's fees in stages as under (i) 20 % of the fees on filing of reply to the statement of claim . (ii) 40 % of the fees on completion of pleadings (iii) 20 % of the fees on conclusion of the final hearing (iv) 20 % at the time when award is given to the parties.

6.1 Arbitrator's Fees for disputes (Fast track procedure) For the fast track arbitration, arbitration fee which the Arbitrators may agree for fees under Section 29B (6) which will be as following: Lump sum fees (including fees for study of Amount of Claims and Counter Claims pleadings, case material, writing of the (excluding counter claims) award, secretarial charges, etc.) payable to each arbitrator 2.7 % of the claim amount subject to a minimum UptoRs 50 lakhs of Rs. 45,000/- Rs. 1,35,000 plus Rs. 1,800- per lakh or a part Above Rs 50 lakhs to Rs 1 crore thereof for the claim amount above Rs 50 lakhs Rs, 2,25,000/ plus Rs 33,750 per crore or a part Above Rs 1 crore and uptoRs. 5 crore thereof for the claim amount above Rs. 1 crore

This fee will be shared equally by both the parties. Each party shall pay its share of arbitrator's fees in stages as under (i) 25 % of the fees on filing of reply to the statement of claim . (ii) 25 % of the fees on completion of pleadings. (iii) 50 % at the time when award is given to the parties No. MMS/135-1/2011-12(Pt)/72, Dated:19,01.2018 In partial modification to this office letter no. MMS/135-1/2011-12(Pt)/70 dated 28.12.2017, issued in respect of revision of Arbitration guidelines in BSNL in accordance with Arbitration and Conciliation (Amendment) Act, 2015 (3 of 2016)- modification required in Tender Clause regarding, the word "revoke" appearing in point 1 of para 1 under the heading Arbitration at page 1 of Annexure may be read as "invoke". The other contents of the said letter along with the annexure will remain unchanged. In case of any dispute the case shall be decided as per latest procurement policy including chapter 19. The bidder /vendor shall abide by the Appendix-1 Section-4 Part A of Chapter 4 (Standard tender enquity document).

13. 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 or BSNL or any other persons or persons contracting through BSNL and set off the same against any claim of the Purchaser or BSNL or such other person or persons for payment of a sum of money arising out of this contract made by the Contractor with Purchaser or BSNL or such other persons contracting through BSNL.

14. COMPLIANCE WITH LAWS AND REGULATIONS: 14.1 During the performance of the works the contractor shall at his own cost and initiative fully comply with all applicable laws of the land and with any and all applicable by-laws rules, regulations and orders and any other provisions having the force of law made or promulgated or deemed to be made or promulgated by the Government, Governmental agency or department, municipal board, Government of other regulatory or Authorised body or persons and shall provide all certificates of compliance therewith as may be required by such applicable law, By-laws, Rules, Regulations, orders and / or provisions. The contractor shall assume full responsibility for the payment of all contributions and pay roll taxes, as to its employees, servants or agents engaged in the performance of the work specified in the contractor documents. If the

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 40 of 73

contractor shall require any assignee or sub-contractor to share any portion of the work to be performed hereunder may be assigned, sub-leased or sub-contracted to comply with the provisions of the clause and in this connection the contractor agrees as to undertake to save and hold the Government harmless and indemnified from and against any/all penalties, actions, suits, losses and damages, claims and demands and costs (inclusive between attorney and client) charges and expenses whatsoever arising out or occasioned, indirectly or directly, by failure of the contractor or any assignee or sub-contractor to make full and proper compliance with the said by-laws, Rules, Regulations, Laws and Order and provisions as aforesaid. 14.2 The contractor shall obtain a valid labour license under the Contract Labour (R&A) Act 1970 and the Contract Labour (Regulation and abolition) Central Rules 1971 as applicable, before commencement of the work, and continue to have a valid license until the completion of work. The contractor shall also abide by the provisions of the Child labour (Prohibition and Regulation) Act 1986. Any failure to fulfill this requirement shall attract the penal provisions of this contact arising out of the resultant non- execution of work. The contractor will employ sufficient labours for carrying out the work efficiently and handling valuable items without any damage. The employees of the contractor and the sub-contractor, if any, in no case shall be treated as the employees of the BSNL at any point of time. 14.3 The terms and conditions towards fulfillment/compliance of the provisions of EPF & Misc. Provisions Act. 1952 & Employees Provident Fund Scheme 1952 by the contractors in respect of labourers/employees engaged by the them for performing the works of BSNL. 14.4 That each claim bill of contractors must accompany the (i) List showing the details of labourers/ employees engaged (ii) Duration of their engagement (iii) The amount of wages paid to such labourers/ employees for the duration in question (iv) Amount of EPF contributions (both employers & employees contribution for the duration of engagement in question, paid to EPF Authorities (v) Copies of authenticated documents of payments of such contribution to EPF authorities and (vi) A declaration from the contractors regarding compliance of the conditions of EPF Act 1952.

15. INSOLVENCY OR DEATH OF CONTRACTOR In the event of the Contractor being adjudged insolvent or going voluntarily into liquidation or having received order or other order under Insolvency act made against him or, in the name of a Company or, the passing of any resolution, or making of any order for winding up whether voluntarily or otherwise, or in the event of the Contractor failing to comply with any of the conditions herein specified, the Competent Telecom. Authority shall have the power to terminate the contract without previous notice.

16. Contractor's heirs/representatives shall, without the consent in writing of the Competent Telecom Authority, have the right to continue to perform the duties or engagements of the Contractor or under the contract in case of his death. In the event of the Contractor, with such consent aforesaid, transferring his business, and in the event of the Contractor being a company and being wound up any time during the period of this contract for the purpose and with the object of transferring its business to any persons or a company, the Contractor shall make it one of the terms and stipulations of the contract for the transfer of his properties and business, that such other person or company, shall continue to perform the duties or engagements of the Contractor under this contract and be subject to his liabilities there under. Proof of Death and other relevant documents to this effect shall be submitted to the Competent Telecom Authority in writing.

17. Without prejudice to any of the rights or remedies under this contract, if the Contractor dies, the Competent Telecom Authority on behalf of the BSNL shall have the option of terminating the contract without compensation to the Contractor, which does not amount to Breach of the contract.

18. GUARANTEE In addition to any and all other guarantee and warranty mentioned in the contract documents the Contractor guarantees that the entire work will be done in a satisfactory manner and free from any defects in workmanship and finish and in conformity in all respects with the specifications and directions. The Contractor also undertakes to repair or replace as the case may be at his own cost and risk any part of the work which may be damages or that may develop any defects due to bad workmanship or otherwise due to the fault of the Contractor within a period of one month after the written final acceptance of the work by the Department.

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 41 of 73

19. Action by purchaser against bidders/vendor in case of default: In case of default by bidders/vendors whose complete list is enclosed in Appendix-I of Section-4 Part-A of Chapter-4 of Revised Manual of Procurement of Telecom Equipment & Stores and its amendments issued by BSNL CO ND, purchase will take action as specified in the aforesaid Appendix. This Appendix should invariably be inserted in relevant section of Bid Document by the tender inviting authority.

S. Defaults of the bidder / vendor. Action to be taken No. A B C Submitting fake / forged i) Rejection of tender bid of respective a) Bank Instruments with the bid to meet terms Vendor. & condition of tender in respect of tender fee ii) Banning of business for 3 years which and/ or EMD; implies barring further dealing with the vendor b) Certificate for claiming exemption in respect of for procurement of Goods & Services including tender fee and/ or EMD; participation in future tenders invited by BSNL for 3 years from date of issue of banning order. 1(a iii) Termination/ Short Closure of PO/WO, if and detection of default at any stage from receipt issued. This implies non-acceptance of further of bids till award of APO/ issue of PO/WO. supplies / work & services except to make the already received material work/ complete work in hand. Note 1:-However, in this case the performance guarantee if alright will not be forfeited. Note 2:-Payment for already received supplies/ completed work shall be made as per terms & conditions of PO/ WO. Submitting fake / forged documents towards meeting eligibility criteria such as experience capability, supply proof, registration with Goods and Services Tax, Income Tax departments etc and as supporting documents towards other terms & conditions with the bid to meet terms & condition of tender : (i) If detection of default is prior to award of i) Rejection of Bid & APO ii) Forfeiture of EMD. i) Cancellation of APO (ii) If detection of default after issue of APO but ii) Rejection of Bid & before receipt of PG/ SD (DD,BG etc.) iii) Forfeiture of EMD. i) Cancellation of APO 1(b ii) Rejection of Bid & (iii) If detection of default after receipt of PG/ iii) Forfeiture of EMD. SD(DD,BG etc.) . However on realization of PG/ SD amount, EMD, if not already released shall be returned. i) Termination/ Short Closure of PO/WO and Cancellation of APO ii) Rejection of Bid & (iv) If detection of default after issue of PO/ WO iii) Forfeiture of PG/ SD. However on realization of PG/ SD amount, EMD, if not released shall be returned. Note 3:- However, settle bills for the material received in correct quantity and quality if pending items do not affect working or use of supplied items. Note 4:- No further supplies are to be accepted except that required to make the already supplied items work. If vendor or his representative uses violent/ coercive means viz. Physical / Verbal means Banning of business for 3 years which implies threatens BSNL Executive to/ employees and/ or Barring further dealing with the vendor for 2 obstruct him from functioning in discharge of his procurement of Goods & Services including duties & responsibilities for the following : participation in future tenders invited by BSNL a) Obstructing functioning of tender opening for 3 years from date of issue of banning order executives of BSNL in receipt/ opening of tender

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 42 of 73

bids from prospective Bidders, suppliers/ Contractors. b) Obstructing/ Threatening other prospective bidders i.e. suppliers/ Contractors from entering the tender venue and/ or submitting their tender bid freely. Non-receipt of acceptance of APO/ AWO and SD/ 3 PG by L-1 bidder within time period specified in Forfeiture of EMD. APO/ AWO. i) Termination of PO/ WO. Failure to supply and/ or Commission the ii) Under take purchase/ work at the risk& equipment and /or execution of the work at all cost of defaulting vendor. 4.1 even in extended delivery schedules, if granted iii) Recover the excess charges if incurred against PO/ WO. from the PG/ SD and outstanding bills of the defaulting Vendor. i) Short Closure of PO/ WO to the quantity already received by and/ or commissioned in BSNL and/ or in pipeline provided the same is Failure to supply and/ or Commission the usable and/or the Vendor promises to make it equipment and /or execution of the Work in usable. 4.2 full even in extended delivery schedules, if ii) Under take purchase/ work for balance granted against PO/ WO. quantity at the risk& cost of defaulting vendor. iii) Recover the excess charges if incurred from the PG/ SD and outstanding bills of the defaulting Vendor. i) If the material is not at all acceptable, then return the non- acceptable material (or its part) & recover its cost, if paid, from the o/s bills/ PG/ SD. OR ii) If the material is inducted in network & it The supplied equipment does not perform is not possible to return it and/ or material satisfactory in the field in accordance with is acceptable with degraded performance, 5.1 the specifications mentioned in the PO/ the purchaser may determine the price for WO/Contract. degraded equipment (Financial penalty = Price – price determined for degraded equipment) himself and/ or through a committee. Undertake recovery of financial penalty from outstanding dues of vendor including PG/ SD. i) If the material is not at all acceptable, then return the non- acceptable material (or its part) & recover its cost, if paid, from the o/s bills/ PG/ SD; OR ii) If the material is inducted in network & it is not possible to return it and/ or material is Major quality problems (as established by a joint acceptable with degraded performance, the team / committee of User unit(s) and QA Circle) / purchaser may determine the price for 5.2 performance problems and non-rectification of degraded equipment(Financial penalty = defects (based on reports of field units and Price – price determined for degraded QA circle). equipment) himself and/ or through a committee. Undertake recovery of financial penalty from outstanding dues of vendor including PG/ SD; and iii) Withdrawal of TSEC/IA issued by QA Circle. Submission of claims to BSNL against a contract i) Recovery of over payment from the (a) for amount already paid by BSNL . outstanding dues of Vendor including EMD/ PG 6 (b) for Quantity in excess of that supplied by & SD etc. and by invoking „Set off’ clause 21 of Vendor to BSNL. Section 5 Part A or by any other legal tenable

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 43 of 73

manner. ii) Banning of Business for 3 years from date of (c) for unit rate and/ or amount higher than that issue of banning order or till the date of approved by BSNL for that purchase. recovery of over payment in full, whichever is later. Note 5:- The claims may be submitted with or without collusion of BSNL Executive/ employees. Note 6:- This penalty will be imposed irrespective of the fact that payment is disbursed by BSNL or not. i) Termination of PO/ WO. ii) Banning of business for 3 years which implies barring further dealing with the vendor for procurement of Goods & Services including Network Security/ Safety/ Privacy:- If the participation in future tenders invited by BSNL vendor tampers with the hardware, software/ for 3 years from date of issue of banning firmware or in any other way that order. iii) Recovery of any loss incurred on this account from the Vendor from its PG/ SD/ O/s bills etc. a. Adversely affects the normal working of BSNL equipment(s) and/ or any other TSP through BSNL. i) Termination of PO/ WO. 7 b. Disrupts/ Sabotages functioning of the BSNL ii) Banning of business for 3 years which network equipments such as exchanges, BTS, implies barring further dealing with the vendor BSC/ MSC, Control equipment including IN etc., for procurement of Goods & Services including transmission equipments but not limited to these participation in future tenders invited by BSNL elements and/ or any other TSP through BSNL. for 3 years from date of issue of banning c. tampers with the billing related data/ order. invoicing/ account of the Customer/ User(s) of iii) Recovery of any loss incurred on this BSNL and/ or any other TSP(s). account from the Vendor from its PG/ SD/ O/s d. hacks the account of BSNL Customer for bills etc. iv) Legal action unauthorized use i.e. to threaten others/ spread will be initiated by BSNL against the Vendor if improper news etc. required. e. undertakes any action that affects/ endangers the security of India. i) Termination/ Short Closure of the PO/ WO. ii) Settle bills for the quantity received in correct quantity and quality if pending items do not affect working or use of supplied items. If the vendor is declared bankrupt or insolvent or iii) No further supplies are to be accepted its financial position has become unsound and in 8 except that required to make the already case of a limited company, if it is wound up or it supplied items work. iv) In case of turnkey is liquidated. projects, If the material is commissioned and is usable without any degradation of performance, then settle bills for the acceptable equipment/ material (or its part).

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 44 of 73

i. Termination/ Short Closure of the PO/ WO. ii. Settle bills for the material received in correct quantity and quality if pending items do not affect working or use of supplied items. iii. No further supplies are to be accepted except that required to make the already supplied items work. iv. In case of turnkey projects, If the material is commissioned and is usable without any In the event of the vendor, its proprietor, degradation of performance, then settle bills Director(s), partner(s) is / are convicted by a for the acceptable equipment/ material (or its 9 Court of Law following prosecution for offences part). involving moral turpitude in relation to the v. In case of turnkey projects, If the material business dealings. is inducted in network & it is not possible to return it and/ or material is acceptable with degraded performance, the purchaser may determine the price for degraded equipment (Financial penalty = Price – price determined for degraded equipment) himself and/ or through a committee. Undertake recovery of financial penalty from outstanding dues of vendor including PG/ SD. If the vendor does not return/ refuses to return i) Take action to appoint Arbitrator to BSNL’s dues: adjudicate the dispute. i. Termination of contract, if any. ii) Banning of business for 3 years which implies barring further dealing with the vendor for procurement of Goods & Services including a) Inspite of order of Arbitrator. participation in future tenders invited by BSNL from date of issue of banning order or till the date by which vendor clears the BSNL’s dues, 10 whichever is later. Take legal recourse i.e. filing recovery suite in appropriate court. i) Termination of contract, if any. ii)Banning of business for 3 years which implies barring further dealing with the vendor for procurement of Goods & Services in b) inspite of Court Orders. participation in future tenders invited by BSNL from date of issue banning order or till the date by which vendor clears the BSNL’s whichever is later. If the Central Bureau of Investigation/ Independent External Monitor (IEM) / Income Take Action as per the directions of CBI or 11 Tax/Goods and Services Tax / Custom concerned department. Departments recommends such a course The following cases may also be considered for 12 Banning of business:

(a) If there is strong justification for believing that the proprietor, manager, MD, Director, partner, employee or representative of the vendor/ supplier has been guilty of malpractices such as bribery, corruption, fraud, substitution of i) Banning of business for 3 years which tenders, interpolation, misrepresentation with implies Barring further dealing with the vendor respect to the contract in question. for procurement of Goods& Services including participation in future tenders invited by BSNL (b) If the vendor/ supplier fails to execute a for 3 years from date of issue of banning contract or fails to execute it satisfactorily beyond order. the provisions of Para 4.1 & 4.2.

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 45 of 73

(c) If the vendor/ supplier fails to submit required documents/ information, where required. (d) Any other ground which in the opinion of BSNL is just and proper to order for banning of business dealing with a vendor supplier. Note 7: The above penalties will be imposed provided it does not clash with the provision of the respective tender. Note 8:-In case of clash between these guidelines & provision of invited tender, the provision in the respective tender shall prevail over these guidelines. Note 9: Banning of Business dealing order shall not have any effect on the existing/ ongoing works/ AMC CAMC which will continue along with settlement of Bills.

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 46 of 73

SECTION – VI SPECIAL CONDITIONS OF CONTRACT

1. The “Special conditions of contract” shall supplement the “Guidelines and Instructions to Bidders” as contained in Section IV-A, IV-B & Section V and wherever there is a conflict; the provisions herein shall prevail over those in Sections IV-A, IV-B and or Section V. 2. BSNL reserves the right to disqualify such bidders who have a record of not meeting contractual obligations against earlier contracts entered into with the BSNL/erstwhile DoT. 3. BSNL reserves the right to black list a bidder for suitable period in case he fails to honor his bid without sufficient grounds. 4. During tender evaluation process, the bidder may be asked to give samples or Demonstration of specified items at his own cost within a short notice at avenue decided by the GMTD, Moradabad BA. 5. Quantities shown in the quantum of work are subject to variations to be intimated in due Course. 6. The material will be transported by the contractor at site, and work to be done anywhere in Moradabad SSA & Rampur SSA as specified. The quality and quantity of material is to be available to concerned SDO’s before repairing. 7. The rates are to be quoted in proforma of rates available in financial bid (BOQ). 8. The offline submission part of the bid should be dropped / submitted duly sealed and addressed to AGM (Plg), O/o GMTD, Moradabad and put in the tender box on or before of due time and date. The bid can also be sent by registered post / Speed post/ Courier and to be addressed to AGM (Plg), O/o GMTD, Moradabad, T/Exch, Civil Lines, Civil Lines, Moradabad, U.P. Any bid received after the dead line for the submission of bids shall be rejected and returned to the bidder. 9. The tender form can be taken from the SDE (Planning), O/o GMTD, Moradabad after depositing Rupees 590/- (non refundable) with A.O. (Cash) BSNL O/o GMTD, Moradabad. Tender document can also be down loaded from BSNL website www.eprocure.gov.in will be accepted, provided DD for Rupees 590/- and EMD in favour of A.O. (Cash) BSNL O/o GMTD, Moradabad is attached with tender document in respective envelope. 10. GMTD, Moradabad reserves the right to reject any tender or all tenders without assigning any reason. He is not bound to accept lowest tender. In case of any dispute the case shall be decided as per latest procurement policy including chapter 19. The bidder /vendor shall abide by the Appendix-1 Section-4 Part A of Chapter 4 (Standard tender enquity document). 11. All tender documents shall have to be signed by tenderer with seal on each and every page or bid is liable to be rejected. 12. The period of contract will be for one year. It can be reduced / extended by the GMTD, Moradabad BA. The validity of contract can be extended up to six months or as per BSNL rules if deemed necessary in the interest of BSNL. 13. No interest shall be paid on the earnest money or security deposited by the tenderer with the BSNL. 14. After the acceptance of the lowest rate, if the party does not turn up, his EMD/ SD is liable to be forfeited. 15. The bidder shall give the total composite price inclusive of all levies, taxes, cess and printing, packing, forwarding, freight, insurance charges, civil & electrical installation with labour charges, testing, EPF, ESI (as applicable) except GST. The GST will be paid as per prevailing rule of Govt. of India. The tenderer will have to produce the receipt of all such payment, as proof of its submission. The contractor shall not charge any extra amount for tools, traveling, handling and packing charges and will not be entitled to get compensation for any damage or losses in the course of work of items nor for extra payments. No compensation will be entertained by BSNL on account of any mishap (Life or Property) in course of Work of items. 16. If any of the information furnished by the contractor is found to be incorrect at any stage of his contract is liable to be terminated without giving any notice and his all deposits shall be forfeited. 17. Conditional and incomplete tenders are liable to be rejected. 18. The bidder shall within 14 (Fourteen) days of issue of Letter of Acceptance or Advance Purchase Order give his acceptance and deposits the performance security (S/D) equal to

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 47 of 73

5% of estimated value of tender. The EMD can be adjusted toward the performance security. The successful bidder shall execute an agreement with the GMTD, Moradabad. 19. The security deposit/ Performance security will be refunded to the successful bidder after the lapse of time currency of contract, which will be 18 months from date of contract signed. 20. In case of failure of arbitration, all type of disputes shall be decided within the jurisdiction of the Moradabad courts. Any loss to property or life will be solely contractor’s responsibility. 21. The Contractor shall be responsible for the security/safety of the materials issued to him and will be accountable for any loss or damage that may happen. The cost of the damage of lost materials will be charged from contractor SSA Head will be the final authority in this regard. 22. The contractor shall for purpose of this condition keep book of account and other document’s as are necessary. 23. The contractor shall execute the whole work and every part of the work in the most substantial and work men like manner in accordance with specifications. 24. The Engineer-In-Charge shall have powers to make any alteration/ omission/ addition in specification. 25. The extra store/ materials issued by B.S.N.L. that has not been used and the contractor must return recovered materials if any to the divisional store. The contractor will do transportation. No payment will be made to the contractor for this. 26. No compensation will be paid by the B.S.N.L. to the contractor for alteration/ restriction of the work to be carried out. 27. It is time bound work where delay cannot be afforded. The intimation to provide and install board will be given in writing as for as possible. It can be given verbally/on telephone also followed by written confirmation. 28. This may please be noted that time is essence of the contract as such work should be complete with the time elapsed hence the contractors having sufficiently big labour force should only apply. 29. The contractor is fully responsible for taking all possible safety precautions during preparation for and actual performance of the works and for keeping the construction site in responsible safe conditions. 30. The contractor shall protect all life and property from damage or losses resulting from his construction operations and shall minimize the disturbance and inconvenience to the public. The BSNL will not be responsible for any loss to life or property. 31. During the performance of the works the contractor shall at his own cost and initiative fully Comply with all applicable laws, By laws, Rules/ regulation of the government/governmental agency or department, municipal board, or other regulatory authorized body such as labour department etc. 32. Tenderer should have valid permission from labour department for engaging the labours & follow all the rules related to labour law.

SCOPE OF WORK: - 33.0 Repair and Maintenance of Power Plants of different capacities in Moradabad BA i.e. Moradabad & Rampur SSA. The work comprises of annual maintenance contract of power plants of SMPS and Conventional type of different makes and ratings installed at various telephone exchanges/BTS etc. in Moradabad & Rampur SSA. The number of power plants may be reduced or increased by the SSA Head on its sole discretion. 33.1 The work AMC is for repair of faulty Modules of SMPS Power Plant, SMPS Power Plant Unit (including control cards and protective devices, LVD, Measuring Meters of PP and Connecting Lugs & Cable etc.) at site, in any exchange of Moradabad & Rampur SSA. 33.2 The contract shall cover all Modules of SMPS and conventional Power Plants including those having PCB fault. 33.3 The bidder should quote the rates inclusive of transportation, handling etc. It should be inclusive of all taxes except GST. The GST will be paid as per prevailing rule of Govt. of India. For SMPS and conventional Power Plants the rates will be inclusive of all spare parts and consumables. 33.4 If required, any clarification on the details of the work can be obtained from the AGM (Plg), O/o GMTD, Moradabad up to one week prior to the date, which is specified for opening of tender.

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 48 of 73

33.5 The prospective bidders are advised to make a detailed survey of the sites and familiarize themselves with equipment or area so that the rates quoted take all factors into consideration.

33.7 REPAIRING EQUIPMENTS The contractor shall arrange at his own expense all tools, plants and equipments required for execution of the works.

34. DEFINITIONS: Unless otherwise specified the following terms and abbreviations shall be used in the specification. 34.1 The word "In charge" shall mean SDE/SDO of Moradabad & Rampur SSA telecom district or any other officer nominated by SSA Head who will undertake inspection and issuance of work order. 34.2 The word “Contractor" or “Supplier” shall mean approved bidder. 34.3 The word “Business Area Moradabad” shall mean all the area/sites of Moradabad & Rampur SSA.

35. QUANTUM OF WORK: Quantity of work is estimated to be Rupees 20, 50, 000/- (Rupees Twenty Lac Fifty Thousand Only). The quantity given in financial bid (Section XII) is indicative only. However, it may increase/decrease up to 25% of the required quantity of specified. BSNL does not give guarantee for the work to the extent of estimated cost of the Tender. The contractor will have no right to claim for the full quantity of tender work. Contractor shall takeover the Power Plant with modules of sites from concern SDE-in charge immediate after execution of contract agreement. Repairing of Individual modules will not permitted in this tender as a routine but in exceptional case, SSA Head may grant sanction for such repairs case to case basis. Total no’s of sites in Moradabad SSA are 171 no’s having 174 no’s of PP of different capacity and total no’s of sites Rampur SSA are 63 no’s having 64 no’s of PP of different capacity. The quantities shown in the details are tentative, SSA Head/BA Head may increase or decrease as per actual/prevailing circumstances.

Qty in Qty in quantity in Sl. Module unit of unit of Work detail and Detail of Power Plant Units unit No. Capacity MRD SSA RMP SSA (Q=Q1+Q2) (Q1) (Q2) Complete AMC charges of Power Plant Per Power 1 50 Amps. (SMPS) having power module 1 or 2 (i.e. in 02 19 21 Plant the range 1 & 2) Complete AMC charges of Power Plant Per Power 2 50 Amps. (SMPS) having power module 3 or 4 (i.e. in 93 10 103 Plant the range 3 & 4) Complete Complete AMC charges of Power Plant Per Power 3 50 Amps. (SMPS) having power module 5 or 6 (i.e. in 00 01 01 Plant the range 5 & 6) Complete Complete AMC charges of Power Plant(SMPS) 100 Per Power 4 having power module 1 or 2 (i.e. in the range 02 23 25 Amps. Plant 1 & 2) Complete AMC charges of Power Plant 100 Per Power 5 (SMPS) having power module 3 or 4 (i.e. in 51 06 57 Amps. Plant the range 3 & 4) Complete AMC charges of Power Plant 100 Per Power 6 (SMPS) having power module 5 or 6 (i.e. in 13 01 14 Amps. Plant the range 5 & 6) Complete Complete AMC charges of Power Plant 100 Per Power 7 (SMPS) having power module 7 or 8 (i.e. in 03 00 03 Amps. Plant the range 7 & 8) Complete Complete AMC charges of Power Plant 100 Per Power 8 (SMPS) having power module 11 or 12 (i.e. 02 00 02 Amps. Plant in the range 11 & 12) Complete Complete AMC charges of Power Plant 100 Per Power 9 (SMPS) having power module 21 or 22 (i.e. 01 00 01 Amps. Plant in the range 21 & 22) Complete

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 49 of 73

Complete AMC charges of Power Plant 200 Per Power 10 (SMPS) having power module 1 to2 (i.e. in 04 01 05 Amps. Plant the range 1 to 2) Complete Complete AMC charges of Power Plant 200 Per Power 11 (SMPS) having power module 3 to4 (i.e. in 01 01 02 Amps. Plant the range 3 to 4) Complete Complete AMC charges of Power Plant 200 Per Power 12 (SMPS) having power module 7 to8 (i.e. in 01 00 01 Amps. Plant the range 7 to 8) Complete 200 Complete AMC charges of Power Plant Per Power 13 00 01 01 Amps. (Conventional) (i.e. FR,SC,BC) Complete Plant 400 Complete AMC charges of Power Plant Per Power 14 00 01 01 Amps. (Conventional) having FR-02 Plant 800 Complete AMC charges of Power Plant Per Power 15 03 00 03 Amps. (Conventional) having FR-1, FR-2, FR-3 Plant

Detail of the sites of Moradabad SSA Module Module Sl. Sl. NAME OF NODE MAKE of PP Capacity NAME OF NODE MAKE of PP Capacity No. No. (Amp) (Amp) 1 Amroha Gate DELTA 50 88 5ESS Sonakpur AMARA RAJA 100 2 Badi Maszid Tila 2G DELTA 50 89 TE DELTA 100 3 Bhuro ka chauraha DELTA 50 90 Main TE Conventional 800 4 Budhi Vihar DELTA 50 91 Moradabad ITI 100 5 Chakker Ki Milak DELTA 50 92 Raipur Khurd ITI 100 Amroha 6 Civil Lines DELTA 50 93 ITI 100 Roadways TE BIJNOR ROAD 7 Daulat Bagh DELTA 50 94 ITI 100 RSU KANTH ROAD 8 Deputy Ganj DELTA 50 95 ITI 100 RSU 9 Gatta Factory EXICOM 100 96 GOPAL SWEET DELTA 50 Atrasi/BIJNOR 10 GIC DELTA 50 97 DELTA 50 ROAD 11 Himgiri Colony DELTA 50 98 KAILSA ROAD VALARE 50 HEAD POST 12 Hotel Mahesh DELTA 50 99 DELTA 50 OFFICE 13 Humsafar Hall DELTA 50 100 DHAKTORA TE DACS 100 14 Imratpur Udhav DELTA 50 101 JABDA TE DACS 100 15 Kamal Talkies DELTA 50 102 JAMNA KHAS TE DACS 100 16 Katghar Barbalon DELTA 50 103 KAILSA TE DACS 100 MUNDA KHERA 17 Katghar Beach DELTA 50 104 DACS 100 TE NAUGAWAN 18 Kohinoor Chowk DELTA 50 105 DACS 100 SADAT TE PAIGAMBERPUR 19 Lakdi Fazalpur DELTA 50 106 DACS 100 TE SARKARI MUNDI 20 Madhubani DELTA 50 107 DACS 100 TE 21 Mandi Chowk DELTA 50 108 UMRI KALAN TE EXICOM 100 22 Nawabpura DELTA 50 109 JOYA TE DACS 100 23 Near D.M.Residence EXICOM 100 110 RAJABPUR TE DACS 100 24 Near Kotwali DELTA 50 111 Agwanpur TE DACS 100 25 Parker Road DELTA 50 112 Bhaisli Jamalpur DACS 100 26 Peerzada DELTA 50 113 Chhajlet TE DACS 100 27 Peetal Nagri DELTA 50 114 Chaudarpur TE ITI 100 28 Prakash Nagar DELTA 50 115 Dingarpur TE ITI 100 29 Prince Road DELTA 50 116 Kanth TE ITI 100 30 Putlighar Road DELTA 50 117 Hakeempur TE EXICOM 100 31 Sambhal Xing DELTA 50 118 Pakwara TE DACS 100 32 Sitapuri DELTA 50 119 SEZ TE ITI 100 33 Transport Nagar DACS 100 120 Kuri Rawana DELTA 50 34 Vikas Nagar DELTA 50 121 Kundarki TE EXICOM 200 35 Vivekanand Colony DELTA 50 122 Bilari New TE DACS 100

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 50 of 73

36 V.K.S.School DELTA 50 123 Seondara TE DACS 100 Ratanpur Khurd 37 Deendayal Nagar DELTA 50 124 DELTA 50 TE 38 Kanth Road DELTA 50 125 Jhanda Chowk DELTA 50 39 Kisrol DELTA 50 126 Bilari Old DELTA 50 40 Lal Bagh DELTA 50 127 Dhrampur Kalan DELTA 50 41 Maqbara Bazar DELTA 50 128 Haryana DELTA 50 42 Near Badi Maszid 3G DELTA 50 129 Kurh Fatehgarh DELTA 50 43 Panchmukhi Mandir DELTA 50 130 Sataran DELTA 50 44 Peerghaib DELTA 50 131 Thawla DELTA 50 Railway Harthala 45 DELTA 50 132 Jaitiya Firozpur DELTA 50 Colony 46 Sambhali Gate DELTA 50 133 Gajraula Main TE EXICOM 200 Gajraula 47 Gumsani DELTA 50 134 EXICOM 100 Microwave TE 48 Pakwara-2 DELTA 50 135 Dhanaura TE EXICOM 200 49 Kazipura DELTA 50 136 Khadgujar TE DACS 100 50 Shahbazpur Kalan DELTA 50 137 Salempur Bypass DELTA 50 51 New Moradabad DELTA 50 138 Kankather VELLE 50 Mohammadpur 52 DELTA 50 139 Bachhraun DELTA 50 Bastaur Mohalla 53 Awas Vikas Ph-2 DELTA 50 140 DELTA 50 Chamunda 54 Majhola EXICOM 100 141 Chuchela Kalan DELTA 50 55 Chandra Nagar ITI 100 142 Azampuri DACS 100 56 Ujhari TE EXICOM 100 143 Hasanpur TE EXICOM 200 57 Gangeshwari TE DACS 100 144 Saidnagli TE EXICOM 100 58 Dhawarsi TE DACS 100 145 BHARTAL SIRSI EXICOM 50 Near Tehsil 59 Chandausi TE DACS 100 146 EXICOM 50 Sambhal 60 Sita Road RSU DACS 100 147 Barahi EXICOM 50 61 Kaithal Gate DELTA 50 148 Obri DELTA 50 62 Maulagarh DACS 100 149 Madala Fatehpur DELTA 50 63 CSC & DE City EXICOM 50 150 AKRAULI TE DACS 50 64 PTTC TE AMAR RAJA 100 151 BEHJOI TE EXICOM 200 65 Lajpat Nagar TE EXICOM 200 152 BEHJOI BTS DELTA 50 66 S Kumar TE ITI 100 153 BANIAKHERA EXICOM 50 67 Sambhal TE ITI 100 154 MAUKATHER DELTA 50 68 Sarai Tareen TE ITI 100 155 NARAULI TE ITI 100 RAJA KA 69 SINGHPUR SANI TE ITI 100 156 DACS 100 MAJHOLA TE MOHAMMADPUR 70 SIRSI TE ITI 100 157 DELTA 50 BABAI 71 ASMOLI TE DACS 100 158 BHOJPUR TE ITI 100 72 MANOTA TE EXICOM 100 159 DILARI TE DACS 100 MOHAMMADPUR 73 DACS 100 160 JATPURA TE DACS 100 TANDA TE MALAKPUR SEMLI 74 THER DELTA 50 161 DACS 100 TE 75 DEEPA SARAI DELTA 100 162 SHARIF NAGAR TE HIMANCHAL 100 76 MOH. KOT SAMBHAL EXICOM 50 163 SURJAN NAGAR TE DACS 100 77 MAHMOODPUR MAFI EXICOM 100 164 THAKURDWARA ITI 100 78 PANWASA BTS DELTA 50 165 TE ITI 100 79 SONDHAN MOHD. EXICOM 50 166 BUDHANPUR TE DACS 100 BHAGATPUR TANDA 80 SALARPUR KALAN DELTA 50 167 DACS 100 TE THAKURDWARA 81 KARANPUR TE DACS 100 168 DACS 100 MICROWAVE 82 MUNDA PANDEY TE DACS 100 169 DHAKIA PEERU DELTA 50 83 DALPATPUR TE EXICOM 100 170 BILAKUDAN TE DELTA 50 84 SIRASKHEDA DELTA 50 171 EKTA VIHAR TE DACS 100 85 NIWAR KHAS DELTA 50 172 Sirsma Gaur DELTA 50 86 Manpur Sabit DELTA 50 173 Farid Nagar DELTA 50 87 Daulari DELTA 50 174 Rajpur Kesarwala DELTA 50

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 51 of 73

Detail of the sites of Rampur SSA Module Module Sl. Sl. NAME OF NODE MAKE of PP Capacity NAME OF NODE MAKE of PP Capacity No. No. (Amp) (Amp) 1 BTS Panwaria Delta 50 33 BTS Ahro Jadid Delta 50 2 BTS Degree College Exicom 100 34 BTS Mahoo Nagar Delta 50 3 BTS Puranaganj Exicom 50 35 Shahabad Exicom 100 BTS Shahabad 4 M/W Building Exicom 200 36 Exicom 100 Old 5 BTS Quila Delta 100 37 Dhakia Exicom 100 6 BTS Bilaspur Gate Dacs 100 38 BTS Unchagaon Delta 50 7 BTS Punjab Nagar Delta 50 39 BTS Badagaon Delta 50 8 BTS VIP Colony Delta 50 40 BTS Ossi Exicom 50 9 100 41 BTS Milak Market Exicom 50 Civil Lines Exicom, ITI 10 200 42 Milak Exicom 100 11 Modipur Delta 50 43 Dhamora Exicom 100 12 Rampur City (Conv.) Conventional 400 44 Khandikhera ITI 100 13 BTS Adarsh Colony Delta 50 45 Swar (Conv.) Conventional 200 14 BTS CRPF Campus Delta 50 46 Khod ITI 100 15 BTS Wings & Nest Delta 50 47 Gaddinagli Dacs 100 16 BTS Jail Road Delta 50 48 Saidnagar ITI 100 17 BTS Jain Mandir Delta 50 49 Chandupura Exicom 100 18 BTS Shivi Takiz Delta 50 50 BTS Hamirpur Delta 50 19 BTS Krishna Vihar Delta 50 51 BTS Singankhera Delta 50 20 BTS Dixit College Exicom 50 52 BTS Bhot Bakkal Delta 50 21 Bilaspur Exicom 100 53 BTS Kashipur Delta 50 22 Nawabnagar Exicom 100 54 BTS Lalpur ITI 50 23 RBCM Exicom 100 55 BTS Lambakhera Delta 50 24 Bhot Exicom 100 56 BTS Nagalia Aquil Delta 50 25 Bosena ITI 100 57 BTS Peepli Nayak Delta 50 BTS Chhitariya 26 Khufianagla ITI 100 58 Delta 50 Jagir 27 Kemri Exicom 100 59 BTS Swar Market ITI 100 BTS Tanda 28 Begumabad ITI 100 60 Exicom 100 Market 29 Chamraua Dacs 100 61 BTS Raipur Delta 50 30 Harraya Exicom 100 62 BTS Rehmat Gunj Delta 50 31 Bibrafaram Exicom 100 63 Rasdandia ITI 100 BTS Bilaspur 32 Godhi Exicom 100 64 Dacs 100 Mandi

36. Penalty: 36.1 Since the proper functioning of P/P is essential for running of the exchanges, the total failure will affect the telecom services in that exchange. Therefore the contractor shall envisage that total failure for these Power Plants at any time is not envisaged. The contractor must take adequate steps to ensure this at all times during the currency of rate contract. 36.2 The contractor shall ensure that maximum downtime of complete Power Plant, including mean time to repair any assembly / module /components for these P/P shall not in any case and under any circumstances whatsoever, be more than 8 (Eight) hours. 36.3 The contractor is required to attend the faults at site (i.e. telephone exchange where the Power Plant is installed), repair it, preferably on the same day of reporting, using the spares available and handover to in-charge of the exchange. In case the fault is such that it can not be removed at site, the concerned SDE may permit the contractor to take the unit at his workshop after obtaining a proper acknowledgement. Whenever the faulty unit is repaired at workshop, the same has to be delivered back duly repaired to SDE within a period of total period of 08 (eight) hours from which fault is reported of faulty modules/cards/units by contractor. If there is delay in the cases as above, penalty will be applicable in all two cases – (i) Delay beyond 08 (eight) hours (For each module faulty of Power Plant). (ii) Delay beyond 08 (eight) hours (complete breakdown of Power Plant).

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 52 of 73

The penalty for delay in attending/ repair for case (i) above, will be imposed at a rate of Rs. 500/- per 08 (eight) hours per module from which fault is reported of faulty modules/cards by the contractor. The penalty for delay in repair for case (ii) above will be imposed at a rate of Rs. 1000/- per 08 (eight) hours per Power Plant from which fault is reported by contractor. 36.4 To discourage practice of refusing repair of modules which are not burnt or damaged, BSNL shall deduct amount of repairing from successive bills for modules declared non-repairable or returned-not-repaired by the contractor and repaired by manufacturer or other agency. 36.5 In case module(s) are damaged while repairing, the contractor shall be responsible to pay the original cost of the module(s) or make the damage good by replacement. If the contractor fails to make up the damages caused to the BSNL, a penalty not exceeding the cost of the module(s) may be imposed and recovered from the contractor bills. 36.0 In case the contractor fails to deliver the repaired modules/cards beyond 04 (four) weeks, then action may be taken for rescission/termination of contract as mentioned in Section VI (special condition of contract) without prejudice to the action for recovery of amount for claims towards material not returned after repair.

37.0 EXTENSION OF TIME LIMIT: - 37.1 It will be at the discretion of the SSA Head/DE to revise or modify the time limits specified for the total work awarded to the contractor to further specify the quantum of work to be completed within specified period, provided a written request has been received from the contractor explaining the reasons for such extension of time asked for and if the SSA Head/DE in the particulars case is convinced and satisfied that such extension or revision or modification is in the interest of the BSNL. In such cases payment of penalty for delay become liable based on such revised or modified or extended time limit and the conditions under which such extension or modification or revision has been made. 37.2 The fact that the time schedule has been altered at a certain stage of the work on request form the contractor as maintained the preceding paragraph doesn’t imply that whatever penalty have accrued up to date of the such revision is not realizable from the contractor. 37.3 The SSA Head while revision the time schedule may further specified and make it one of the condition of for such modification of the time schedule that the contractor may be prepared to pay further penalty for any delay in completion of the work even beyond is periods specified in the modified time schedule. 37.4 In case of slow progress of the work which has be awarded to particular contractor and the public interest does permit extension of time limit for completion of the work, the SSA Head will have the full right to order that the scope of the contract may be distracted to such fraction of the whole of the work (the fraction being in terms of the quantity of work) and to want the balance of the work to any other contract as execute the work departmentally as is convenient or excellent to the BSNL in such an event no compensation shall be payable by the BSNL to the contractor towards any inconvenience loss that he may be subject to as result of such an action by the BSNL.

38. PROCEDURE FOR PAYMENT FOR SUB STANDARD WORKS: 38.1 The contractors are required to execute all works satisfactorily and in accordance with the specifications. If certain items of work are executed with unsound, imperfect or unskilled workmanship or with materials of any inferior description or that any materials or articles provided by him for execution of work are unsound or of a quality inferior to that contracted for or otherwise not in accordance with the contract (referred to as substandard work hereinafter), the Officer in-charge shall make a demand in writing specifying the work, materials or articles about which there is a complaint. 38.2 Timely action by Officer in-charge: Timely reporting and action, to a great extent, can prevent occurrence of sub standard work, which will be difficult or impossible to rectify later on. It is incumbent on the part of Officer in-charge to point out the defects in work in time during progress of the work. The Officer in-charge responsible for execution and supervision of work shall without any loss of time submit a report of occurrence of any sub standard work to the in-charge besides making an entry in the work order book. A notice in respect of defective work shall be given to the contractor by Officer in-charge in writing during the progress of work asking the contractor to rectify/replace/remove the sub standard item of

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 53 of 73

work and also definite time period within which such rectification/removal/ replacement has to be done. After expiry of the notice period, if the contractor fails to rectify/replace/remove the sub standard works, the defects shall be got rectified/replaced/removed departmentally or through some other contractor at the risk and cost of the contractor. 38.3 Non-reporting of the sub standard work in time on the part of Officer in-charge shall not in any way entitle the contractor to claim that the defects were not pointed out during execution and as such the contractor cannot be absolved of the responsibility for sub standard work and associated liabilities.

39. AUDIT AND TECHNICAL EXAMINATION: 39.1 BSNL shall have the right to cause an audit and technical examination of the work and the final bills of the contractor including all supporting vouchers, abstract etc. to be made after payment of the final bill and if as a result of such audit and technical examination any sum is found to have been overpaid in respect of any work done by the contractor under the contract or any work claimed by him to have been done by him under the contract and found not to have been executed, the contractor shall be liable to refund the amount of over payment and it shall be lawful for BSNL to recover the same from him in the manner prescribed in clause with the heading payment terms (same Chapter), or in any other manner legally permissible and if it is found that the contractor was paid less than what was due to him under the contract in respect of any work executed by him under it, the amount of sum under payment shall be duly paid by BSNL to the contractor. Provided that BSNL shall be entitled to recover any sum overpaid, nor the contractor shall be entitled to payment of any sum paid short where such payment have been agreed upon between the BSNL on one hand and the contractor on the other under any term of the contract permitting payment for work after assessment by the SSA Head or his subordinate.

40. RISK & COST: 40.1 In the event of the contractor, failing to execute the work to the full satisfaction of the B.S.N.L., then BSNL reserves the following rights— 40.2 To reject any part of the work executed and with hold payment of such inferior quality of work, till such time the defects are rectified to the full satisfaction of the B.S.N.L. 40.3 In case the contractor does not perform to the full satisfaction of the BSNL even after giving one-month notice, his contract shall be terminated after the lapse of one month. The decision of the BSNL shall be final and binding on the contractor.

41 RESCISSION/TERMINATION OF CONTRACT 41.1 Under the following conditions the competent authority may rescind the contract: i. If the contractor commits breach of any item of terms and conditions of the contract. ii. If the contractor suspends or abandons the execution of work and the officer in-charge of the Work comes to conclusion that work could not be completed by due date for completion or the contractor had already failed to complete the work by that date. Iii If the contractor has been given by the officer-in-charge of work a notice in writing to rectify /replace any defective work and he/she fails to comply with the requirement within the specified period. Iv If the contractor himself or any of his servants be found guilty of fraud or attempted fraud in connection with the contract or offer any bribe or gratuity to any person connected with the B.S.N.L., to any person drawing salary from the BSNL and / or If in the event of any deduction being made from the Contractors security deposit the contractors fails to make good the amount of such deductions within the time herein before specified. 41.2 Upon rescission of the contract, the security deposit of the contractor shall be liable to be forfeited and shall be absolutely at the disposal of the B.S.N.L. 41.3 The certificate of the Officer in-charge of work as to the value of work done shall be final and conclusive against the contractor, provided always that action shall only be taken after giving notice in writing to the contractor.

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 54 of 73

42 Termination for Insolvency: 42.1 The BSNL may at any time terminate the Contract by giving written notice to the Contractor, without compensation to 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 or action or remedy which has accrued or will accrue thereafter to the B.S.N.L. 43. BSNL will not be responsible for any loss to life/property. The contractor shall bidder all the responsible.

44. The bidders (Small Scale Units) who are registered with National Small Scale Industries Corporation under Single Point Registration Scheme are exempted from bid security as per latest guidelines of NSIC. In case of bidder, having monetary limit as “WITHOUT LIMIT” the exemption will be limited to Rs. 50,00,000/- (Rupees fifty lakhs only) as per the existing policy of BSNL. Any Small Scale Industry / firm claiming exemption from the payment of bid security should submit the copy of the current registration with National Small Industries Corporation (NSIC) for the tendered items along with documents in respect of their monetary limit and financial capabilities duly certified by the NSIC in first envelope i.e. Bid security envelope of tender document.

44.1 As per Public procurement policy (PPP) for Micro & Small Enterprises (MSEs) order, 2012 issued vide Gazette Notification dated 23.03.2012 by Ministry of Micro, Small and Medium Enterprises of Govt. of India, MSEs must be registered with any of the following in order to avail the benefit / preference available vide Public Procurement policy MSEs Order, 2012. i. District Industries Center (DIC) ii. Khadi & Village Industries Commission (KVIC) iii. Khadi & Village Industries Board iv. Coir Board v. National Small Industries Corporation (NSIC) vi. Directorate of Handicraft and Handloom vii. Any other body specified by Ministry of MSME (MoMSME) viii. Udyog Aadhaar Acknowledment/Udyog Aadhaar Memorandum issued by MoMSME.

45. TAXES AND DUTIES: Contractor shall pay all rates, levies, fees royalties, taxes and duties payable or arising from out of, by virtue of or in connection with and/or incidental to the contract or any of the obligations of the parties in terms of the contractor documents and/or in respect of the works or operations or any part thereof to be performed by the contractor and the contractor shall indemnify and keep indemnified the BSNL from and against the same or any default by the contractor in the payment thereof.

46. POWER OF LABOUR OFFICER TO MAKE INVESTIGATIONS OR ENQUIRY:- The labour officer or any person authorized by the Central Government on their behalf shall have power to make enquiries with a view to ascertaining and enforcing due & proper observance of fair wage clauses and provisions of these Regulations. He shall investigate into any complaint regarding the default made by the contractor in regard to such provision.

47. REPORT OF INVESTIGATING OFFICER AND ACTION THEREON:- The Labour Officer or other persons authorized as aforesaid shall submit a report of result of his investigation or enquiry to the Engineer in-charge indicating the extent, if any, to which the default has been committed with a note that necessary deductions from the contractor’s bill be made and the wages and other dues be paid to the labourers concerned. The Engineer in-charge shall arrange payment to the labour concerned within 45 days from the receipt of the report from the labour Officer or the authorized officer as the case may be. 48. INSPECTION OF BOOKS AND SLIPS The contractor shall allow inspection of all the prescribed labour records to any of his workers or to his agent at a convenient time and place after due notice is received or to the Labour Officer or any other person, authorized by the Central Government on his behalf.

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 55 of 73

49. SUBMISSION OF RETURNS The contractor shall submit periodical returns as may be specified from time to time.

50. AMENDMENTS The Central Government may from time to time add to or amend the regulations and on any question as to the application/interpretation or effect of those regulations.

51. INSURANCE: Without limiting any of his other obligations or liabilities, the contractor shall, at his own expense, take and keep comprehensive insurance including third party risk for the plant, machinery, men, materials etc. brought to the site and for all the work during the execution. The contractor shall also take out workmen’s compensations insurance as required by law and under take to indemnify and keep indemnified the BSNL from and against all manner of claims and demands and losses and damages and cost (including between attorney and client) charges and expenses that may arise in regard the same or that the BSNL may suffer or incur with respect to end./ or incidental to the same. The contractor shall have to furnish originals and/or attested copies as required by the department of the policies of insurance taken within 15 (fifteen) days of being called upon to do so together with all premium receipts and other papers related thereto which the BSNL may require.

52. LABOUR WELFARE MEASUREMENT AND WORKMAN COMPENSATION: Contractors Labour Regulations: Labours be registered. No minor person be employed in the work by contractor. Working Hours: 52.1 Normally working hours of an employee should not exceed 8 hours a day. The working day shall be so arranged that inclusive of interval for rest, if any it shall not spread over more than 12 hours on any day. 52.2 Every worker shall be given a weekly holiday normally on a Sunday, in accordance with the provisions of Minimum Wages (Central) Rules 1960 as amended from time to time, irrespective of whether such workers is governed by the Minimum Wages Act or not. 52.3 Where the minimum wages prescribed by the Government under the minimum wages Act, are not inclusive of the wages for the weekly day or rest, the worker shall be entitled to rest day wages, at the rate applicable to the next preceding day, provided he has worked under the same contractor for a continuous period of not less than 6 days 52.4 Where a contractor is permitted by the Engineer-in-charge to allow a worker to work on a normal weekly holiday, he shall grant a substituted holiday to him for the whole day, on one of the five days, immediately before or after the normal weekly holiday, and pay wages to such worker for the worker for the performed on the normal weekly holiday at the overtime rate.

52.5 Display of Notice Regarding Wages Etc. The Contractor shall, before he commences his work on contract display and correctly maintain and continue to display and correctly maintain, in a clear and legible condition in conspicuous places on the work, notices in English and in local Indian languages spoken by the majority of the workers, giving the minimum rates of the wages fixed under Minimum Wages Act, the actual wages being paid , the hours of work for which such wage are earned wages periods, dates of payments of wages and other relevant information. . 53. Payment of Wages:- The contractor shall fix wage period in respect of which wages shall be payable. 53.1. No wage period exceed one month. 53.2 The wages of every person employed as contract labour in an establishment or by a contractor, where less than one thousand such persons are employed, shall be paid before the expiry of seventh day and in other cases before the expiry of tenth day after the last day of the wage period in respect of which the wages are payable. 53.3.1 Where the employment of any worker is terminated by or on behalf of the contractor, the wages earned by him shall be paid before the expiry of the second working day from the date on which his employment is terminated.

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 56 of 73

53.3.2 All payment of wages shall be made on a working day at the work premises and during the working time and on a date notified in advance and in case the work s completed before the expiry of the wage period, final payment shall be made within 48 hours of the last working day. 53.3.4 Wages due to every worker shall be paid to him direct or to other person authorized by him in this behalf. 53.3.5 All wages shall be paid in current Indian coin or currency or in both. 53.3.6 Wages shall be paid without any deductions of any kind except those specified by the Central government by general or special order in this behalf or permissible under the payment of wages Act 1956. 53.3.7 A notice showing wages period and the place and time of disbursement of wages shall be displayed at the place of work and a copy sent by the contractor to the Engineer-in-charge under acknowledgement. 53.3.8 It shall be the duty of the contractor to ensure the disbursement of wages in presence of the site Engineer or any other authorized representative of the Engineer-in-charge who will be required to be present at the place and time of the disbursement of wages by the contractor to workmen 53.4 Fines and deductions, which may be made from wages The wages of a worker shall be paid to him without any deduction of any kind except the following: a. Fines b. Deductions for absence from duty i.e. from the place or the places where by the terms of his employment he is required to work. The amount of deduction shall be in proportion to the period for which he was absent. c. Deductions for damage to or loss of goods expressly entrusted to the employed person for custody, or for loss of money or any other deductions which he is required to account, where such damage or loss is directly attributable to his neglect or default. d. Deduction for recovery of advances or for adjustment of overpayment of wages, advances granted shall be entered in a register. Any other deduction, which the Central Government may allow from time to time allow. e. No fines should be imposed on any worker save in respect of such acts and omissions on his part as have been approved of by the Labour Commissioner. f. No fine shall be imposed on a worker and no deduction for damage or loss shall be made from his wages until the worker has been given on opportunity of showing cause against such fines or deductions. g. Every fine shall be deemed to have been imposed on the day of the act or omission in respect of which it was imposed.

53.5 Labor records 53.5.1 The contractor shall maintain a register of persons employed on work on contract in form XIII of the contract Labour (R&A) Central Rules 1971. 53.5.2 The contractor shall maintain a register in respect of all workmen employed by him on the work under Contract in Form XVI of the CL (R&A) Rules 1971. 53.5.3 The contractor shall maintain a Wage Register in respect of all workmen employed by him on the work under contract in form XVII of the CL (R&A) Rules 1971. 53.5.4 Register of accidents - The contractor shall maintain a register of accidents in such form as may be convenient at the work place but the same shall include the following particulars: a. Full particulars of the labours who met with accident. b. Rate of wages c. Sex d. Age e. Nature of accident and cause of accident f. Time and date of accident g. Date and time when admitted in hospital h. Date of discharge from the hospital i. Period of treatment and result of treatment. j. Percentage of loss of earning capacity and disability as assessed by Medical officer k. Claim required to be paid under Workmen's Compensation Act.

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 57 of 73

l. Date of payment of compensation m. Amount paid with details of the person to whom the same was paid. n. Authority by whom the compensation was assessed o. Remarks. 53.5.5 The contractor shall maintain a Register of Fines in the Form XII of the CL (R&A) Rules 1971 The contractor shall display in a good condition and in a conspicuous place of work the approved list of acts and omission for which fines can be imposed. 53.5.6 The contractor shall maintain a Register of deductions for damages or loss in Form XX of the CL (R&L) Rules 1971. 53.5.7 The contractor shall maintain a Register of Advances in Form XXIII of the CL (R&L) Rules 1971. 53.5.8 The contractor shall maintain a Register of Overtime in Form XXIII of the CL (R&A) Rules 1971. 53.6 Report of investigating officer and action thereon The labour officer or other persons authorized as aforesaid shall submit a report of result of his investigation or enquiry to the Engineer in-charge indicating the extent, if any, to which the default has been committed with a note that necessary deductions from the contractor's bill be made and the wages and other dues be paid to the laborers concerned. The Engineer in-charge shall arrange payments to the labour concerned within 45 days from the receipt of the report from the labour Officer or the authorized officer as the case may be. 53.7 Inspection of Books and Slips The contractor shall allow inspection of all the prescribed labour records to any of his workers or to his agent at a convenient time and place after due notice is received or to the Labour Officer or any other person, authorized by the Central Government on his behalf. 53.8 Submission of Returns The contractor shall submit periodical returns as may be specified from time to time 53.9 Amendments The Central Government may from time to time add to or amend the regulations and on any question as to the application/Interpretation or effect of those regulations. 53.10 Compliance of Provisions of EPF Act 1952 The contractor will ensure compliance of Employees Provident Fund & Misc. Provisions Act 1952 & Employees Provident Fund Scheme 1952 in respect of laborers/ employees engaged by him for performing the works of BSNL.

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 58 of 73

SECTION – VII

PROFORMA FOR BANK GUARANTEE (BOND) FORM Applicable for Performance bank guarantee OR for Earnest money to be deposited in favour of AO (Cash), BSNL, O/o GMTD, Moradabad (To be furnished on non-judicial stamp paper of minimum Rupees 100/-or requisite fee as prescribed by bank if above).

NO. GMTD/MRD/Plg/Tdr/AMC of PP/MRD & RMP/2019-20 Dated-01.10.2019

Name of tender: - AMC of SMPS & Conventional Power Plant in Business Area Moradabad.

Sub:-Issued of PBG in favour of AO (Cash), BSNL, O/o GMTD, Moradabad 1. In consideration of Bharat Sanchar Nigam Limited (BSNL) (hereinafter called “the purchaser”) having agreed to exempt M/s ______(hereinafter called "the said Contractor”) having its registered office at______from the demand under the terms and conditions of an Agreement/ (Advance Purchase Order duly accepted by contractor) no. ______dated____/____/_____for (name of work) ______(hereinafter called "the said Agreement), of security deposit for the due fulfillment by the said contractor of the terms and conditions contained in the said Agreement, on production of a bank guarantee for Rupees______we, (Name of the bank) ______(hereinafter referred to as "the Bank”) at the request of ______(contractor) do hereby undertake to pay to the BSNL an amount not exceeding Rupees ______against any loss or damage caused to or suffered or would be caused to or suffered by the BSNL by reason of any breach by the said Contractor of any of the terms of conditions contained in the said Agreement.

2. We (name of bank) ______do hereby undertake to pay the amount due and payable under this guarantee without any demur, merely on a demand for the BSNL stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the BSNL by reason of breach by the said contractor of any or the terms or conditions contained in he said Agreement or by the reason of the contractor failure to perform the said Agreement. Any such demand made on the bank shall be conclusive as regards the amount due and payable by Bank under this guarantee where the decision of the BSNL 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 Rupees______.

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

4. We (name of bank) ______further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said agreement and that it shall continue to be enforceable till all the dues of the BSNL under or by virtue of the said agreement have been fully paid and its claims satisfied or discharged or till BSNL certifies that the terms and conditions of the said Agreement have been fully and properly carried out by the said contractor and accordingly discharges this guarantee. Unless a demand or claim under the guarantee is made on us in writing on or before the expiry of ______(__) months from the date hereof, we shall be discharged from liability under this guarantee thereafter.

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

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 59 of 73

6. The guarantee will not be discharged due to changes made in the constitution of Bank of Contractor / Supplier.

7. We (name of the bank) ______lastly undertake not to revoke this guarantee during its currency except with previous consent of the BSNL in writing.

(Authorized Signature of the Bank Official)

Name:

Signed in the capacity of:

Power of Attorney Number:

Full name and address of branch:

Phone & FAX nos. of branch:

Date: / / : Place:

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 60 of 73

SECTION – VIII Draft Agreement

AN AGREEMENT made this …… day of …………………………………... between the BSNL, hereinafter called the government (Which expression shall, unless excluded by or repugnant to the context include his successors and assignees) on the one part and M/s …………………………………. Hereafter called the contract (which terms shall include their, heirs, executor, successors and assignees) on the other part. Whereas the BSNL is desirous of getting executed certain work namely Tender for …………………………… ………………………..in Moradabad Business Area i.e. Moradabad SSA & Rampur SSA WHEREAS the Contractor is ready and willing to execute the said works in accordance with the terms and conditions of the tender.

NOW THIS AGREEMENT WITNESSETH and it is hereby agreed and declared as follows:-

1. The Tender Notice, instructions to tenderers, Conditions of Contract, Construction, Specifications, and Guidelines to Contractor, Schedule, and Letter of Intent No. ……………………………………….. Dated …………… and negotiation dated ……………… (along with its enclosures) annexed hereto and such other additional particulars, instructions, drawings as may be found requisite to be given during execution of the work shall be deemed and taken to be an integral part of the contract and shall also be deemed to be included in the expression “ Contract” or ‘Contract Document’ wherever herein used.

2. In consideration of the payments to be made to the Contractor for the works to be executed by him, the Contractor hereby covenants with the BSNL that the Contractor shall in accordance with the contract documents duly provide, execute, and complete the said works and shall perform all other acts, deeds, matters and things in the contract mentioned or described or which are to be implied there from or may be reasonably necessary for the completion of the said works and at the time and in the manner and subject to the terms and conditions of stipulations mentioned in the contract & tender documents.

3. In consideration of the due provisions, executions and completion of the said works, the BSNL hereby agree with the Contractor that the BSNL will pay to the Contractor the respective amounts for the work done by Contractor and such others sum(s) as may become payable to the Contractor under the provision of the Contract.

4. Notwithstanding any other clause of provision in any of the conditions of Contract, Specifications, Guidelines to Contractor Schedule, Letter of Intent, Tender Notices, Instructions to Tenderers etc.

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 61 of 73

A. The Contractor is required to abide by the time schedule of performance of work of completion of full work on or before…………….…and completion of the balance portion on or before…………………..

B. And it is agreed that if the above said time schedule is not adhered to by the Contractor, the GMTD Moradabad BA, representing the BSNL and Department, is at liberty to terminate the contract without any further notice to the Contractor and the Contractor is not liable to be paid any compensation for any loss etc. arising out of such termination of the contract and such termination will be in addition to the liquidation of damages if any, that could be claimed from the Contractor as per the other conditions of the contract.

5. The NIT (notice inviting tender), Bid documents (Qualifying and Financial), letter of intent, approved rates, annexed hereto and such other additional particulars, instructions drawings work orders as may be found requisite to be given during execution of the work shall be deemed and taken to be an integral part of the contract and shall also be deemed to be included in the expression “The Agreement” or “The Contract” wherever herein used.

IN Witness without the parties here to have executed these presents the day and the year first above written.

Signed and delivered by Signed and delivered by For and on behalf of contractor. For and on behalf BSNL

Witness: - Witness:-

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 62 of 73

SECTION – IX LETTER OF AUTHORISATION FOR ATTENDING BID OPENING

Tender Number ______

Subject: 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 Signatures

Alternate Representative

Signatures of bidder or Officer authorized to sign the bid Documents on behalf of the bidder.

No. 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 recovered.

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 63 of 73

SECTION – X

DECLARATIONS REGARDING NEAR RELATIONSHIP WITH BSNL EMPLOYEE

Affidavit (Original) on stamp paper Rs. 10/-

I/We hereby declare that none of my/our relatives are employed in any capacity in any of the unit of BHARAT SANCHAR NIGAM LIMITED. I/We shall also intimate the name of the person who is /are working with us in any capacity or is /are subsequently employed by us and who are near relatives to any officers in BHARAT SANCHAR NIGAM LIMITED. I/We am/are aware that any breach of this condition would result in immediate termination of contract /cancellation of the existing contract /contracts and also forfeiting of my/our deposit held by GMTD, Moradabad. Note: 1. The term “Near relatives” means.

(a) Member of Hindu Undivided family. (b) They are husband and wife. (c) The one is related to the other in the manner as Father, Mother, son(s) son’s wife (daughter –in-law), Daughter(s) and daughter’s husband (son-in-law), brother (s) and brother’s wife, sister (s) and sister’s husband (brother-in-law).

In case of proprietorship firm, the certificate will be given by the proprietor, in case of partnership by all the partners and in case of company (Private or Ltd.) by all the directors of the company.

Signature of bidder

Name of the bidder

(Capacity in which signing)

Station:

Date:

********************************

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 64 of 73

SECTION – XI

DECLARATION REGARDING NON BANNED OR BLACKLISTED Affidavit (Original) on stamp paper Rs. 10/-

I/We ………………………………………………Proprietor / Partner (s) / Director(s) of M/s……………………………………………………………..…hereby declare that the firm / company namely M/s………………………………………………….………………..has not been blacklisted and debarred in the past by DOT/BSNL/MTNL/Central Govt. Dept./ Central PSUs/ State Govt. Dept./ State PSUs from taking part in Government tenders OR

Was blacklisted or debarred by *……………………………………………………………………from taking part in Government tenders for a period of …………..… years w.e.f. …………………………………… The period is over on… … …or going to over on ………………………...

In case the above information is found false. I / We are fully aware that the tender / contract will be rejected / cancelled by GMTD Moradabad and EMD / SD shall be forfeited.

In addition to the above GMTD Moradabad will not be responsible to pay the bills for any completed /partially completed works.

Signature OF Bidder OR Officer authorized to sign the bid Documents on behalf of the bidder

Name & Address of the firm

* DOT/BSNL/MTNL/Central Govt. Dept./ Central PSUs/ State Govt. Dept./ State PSUs

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 65 of 73

SECTION – XI-A

Solvency Certificate_

Solvency certificate No……………………………

To The AGM/DE (Plg) O/o GMTD, Moradabad

No.: Dated : It is certified on the records of bank and our knowledge that M/s……………………………………………………………………………………………………………………………..……having bank A/c No...... is our creditable and respectable customer and can be treated as good (solvent) up to sum of Rs...... It is further certified that this information is furnished without any risk and responsibilities on our part in any respect what so ever particularly either as guarantor or otherwise. This certificate is issued on the specific request of customer to be submitted to BSNL for business purpose.

Signature of Bank Manager with seal and date

Bank Code

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 66 of 73

SECTION – XI-B

Declaration regarding labour license (if applicable) Affidavit (Original) on stamp paper Rs. 100/-

I/We ………………………………………………Proprietor / Partner (s) / Director(s) of M/s……………………………………………………………..…hereby declare that, I/We will submit valid labour license within 30 days of the award of work order.

Date:

Signature of Tenderer

Place : Name of tenderer ……………………………………………….

Along with date & seal

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 67 of 73

SECTION – XI-C

Declaration regarding non black list by GST authority

I/We ………………………………………………Proprietor / Partner (s) / Director(s) of M/s……………………………………………………………..…hereby declare that, I/We am/are not blacklisted by GST authority. In case the above information is found false, the competed authority has right to reject the bid of my/our firm.

Date:

Signature of Tenderer

Place : Name of tenderer ……………………………………………….

Along with date & seal

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 68 of 73

SECTION – XI-D

INDEMNITY UNDERTAKING

The tenderer/supplier hereby irrevocably agrees to indemnify BSNL that in case Input Tax Credit is denied to BSNL due to failure of the tenderer/supplier to comply with the relevant laws/ regulations applicable in India or overseas or due to blacklisting of tenderer/supplier by GST authorities, the tenderer/supplier shall reimburse an amount equal to amount payable by BSNL and BSNL reserves the right to recover the same from the tenderer/supplier.

Date:

Signature of Tenderer

Place : Name of tenderer ……………………………………………….

Along with date & seal

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 69 of 73

SECTION – XI-E

Understanding the terms & condition of Tender Affidavit (Original) on stamp paper Rs. 10/-

I/We ………………………………………………Proprietor / Partner (s) / Director(s) of M/s……………………………………………………………..…hereby declare that, I/We have understood the all the terms & conditions of Tender & Spec. of work. I/We will perform all the work as per tender terms and conditions.

Date:

Signature of Tenderer

Place : Name of tenderer ……………………………………………….

Along with date & seal

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 70 of 73

SECTION – XI-F

No addition/ Deletion/alteration in bid document Affidavit (Original) on stamp paper Rs. 10/-

I/We ………………………………………………Proprietor / Partner (s) / Director(s) of M/s……………………………………………………………..…hereby declare that No addition/ deletion/alteration in bid document is done by me/us & the bid document is same as appeared on CPPP. In case the above information is found false, the competed authority has right to reject the bid of my/our firm.

Date:

Signature of Tenderer

Place : Name of tenderer ……………………………………………….

Along with date & seal

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 71 of 73

SECTION – XI-G

CLAUSE-BY-CLAUSE COMPLIANCE STATEMENT

SI. CLAUSES COMPLIANCE

(A) (B) (C)

All clauses of TE No:-GMTD/MRD/Plg/Tdr/AMC of PP/MRD 1 Fully complied & RMP/2019-20

 The clause-by-clause compliance statement should be given as per clause 23 of eligibility condition of Section-I of Bid document.  The bidder should mention _FULLY COMPLIED in the column 'C above; otherwise a statement of deviation may be submitted as per clause 23 of eligibility condition of Section-I of Bid document.

Date:

Signature of Tenderer

Place : Name of tenderer ……………………………………………….

Along with date & seal

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 72 of 73

SECTION – XI-H

DEVIATION STATEMENT

SI. CLAUSES REMARKS

(A) (B) (C)

All clauses of TE No:- GMTD/MRD/Plg/Tdr/AMC of 1 No Deviation PP/MRD & RMP/2019-20

 The ‘No deviation statement' should be given as per clause 24 of eligibility condition of Section-I of Bid document.  The bidder should mention “No Deviation” in the column 'C above; otherwise a statement of deviation may be submitted as per clause 24 of eligibility condition of Section-I of Bid document.

Date:

Signature of Tenderer

Place : Name of tenderer ……………………………………………….

Along with date & seal

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20

E- TENDER DOCUMENT FOR AMC OF SMPS & CONVENTIONAL POWER PLANT IN BUSINESS AREA MORADABAD Page 73 of 73

SECTION – XII

FINANCIAL(BID) -DOCUMENT

It will be available online in electronic envelope named Financial Bid (Digital BOQ sheet) Download it, Quote the rate as specified in the field save and up-load the BOQ sheet of Digital Envelope (On-line).

All Clauses are complied Signature & Seal of Bidder No. GMTD/MRD/PLG/TDR/AMC of PP/MRD & RMP/2019-20