Upload
others
View
1
Download
0
Embed Size (px)
Citation preview
Tender for repair PP Valsad SSA
Signature of tenderer
- - 1 - -
BHARAT SANCHAR NIGAM LIMITED (A Government of India Enterprise)
O/o General Manager Telecom. District, Valsad -396 001
TENDER DOCUMENT
TENDER FOR ANNUAL REPAIR CONTRACT
FOR
REPAIRING OF 25A/50A/100A MODULES OF SMPS P/P POWER PLANTS AND
CONVENTIONAL POWER PLANT IN VALSAD SSA.
Tender No. W-6/MM/Tender-22/repair/PP/09-10/1 Dated at Valsad the 19-09-2009
SL.NO.-----------------------------------------------------------
TO: -----------------------------------------------------------
-----------------------------------------------------------
-----------------------------------------------------------
-----------------------------------------------------------
Name and Address of the Tenderer: - ----------------------------------------------------------
-------------------------------------------------------------
-------------------------------------------------------------
-------------------------------------------------------------
Phone no: (O)---------------------- (R)--------------
Tender for repair PP Valsad SSA
Signature of tenderer
- 2 -
TABLE OF CONTENT
Sl Title Page No.
1. Tender Notice 3
2. Section -- I General Terms and conditions of Tender 4-7
3. Section -- II Special Terms and Conditions of
Tender
8-12
(i) Annexure- A: List of collection centers of
faulty p/p modules.
13
(ii) Annexure- B: Summary of Power Plant,
Valsad SSA
13
(iii) Annexure-C: Service Report of Repair of
P/P Modules
14
(iv) Annexure-D: Details of power plant for
reconditioning
15
(v) Annexure-E: Mandate form for ‘E’ payment 16
(vi) Annexure-F: Certificate of ‘No Near Relative
in BSNL’
17
4. Section --III
(a) Annexure- I: Rate sheet for repairing of SMPS
Modules & conventional P/P
18
(b) Annexure- II: Declaration 19
(c) Annexure II (a): Declaration by Educational bidder 20
(c) Annexure- III : Particular of Tenderer 21
(d) Annexure-IV : Details of Experience 22
(e) Annexure-V : Performance Security
Guarantee
23
(f) Annexure VI : Agreement 24-26
Tender for repair PP Valsad SSA
Signature of tenderer
- 3 -
BHARAT SANCHAR NIGAM LIMITED (A Government of India Enterprise)
O/o General Manager Telecom. District Valsad-396 001.
TENDER NOTICE
Tender No. W-6/MM/Tender-22/repair/PP/09-10/1 Dated at Valsad the 19-09-2009.
On behalf of BSNL, GMTD VALSAD invites sealed (by sealing wax / pvc tape) tenders for repairing of modules of SMPS PP & Conventional Power Plants of Exchanges of Valsad SSA.
Package Work: Type of
P.P. to be
repaired
Amount
of EMD
Amount of
Security
Deposit.
Last date &
time of issue
of tender.
Last date & time
of submission of
tender.
Date & time
of opening of
tender.
A Modules of
SMPS P. P.
Rs.
21,300/-
Rs.
85,200/-
B Conventional
Power Plants
Rs.
5,200/-
Rs.
20,800/-
15-10-2009
up to
16.00 hrs.
16-10-2009
up to
14.00 hrs.
16-10-2009
at
15.00 hrs.
The approx. Value of the contract for a year is Rs. 10,60,000/- (Rs. Ten Lakh, Sixty Thousand only).
Tender forms with detail instructions will be available on all working days between 10.00 hrs &
16.00 hrs from S.D.E.( MM) O/o GMTD Valsad , 2nd. Floor, New Telephone Exch. Bldg., Halar Road
Valsad on the dates shown above. The cost of Tender Form: Rs.500/- payable in the form of
Cash/D.D. drawn in favour of 'A.O. Cash, O/o GMTD Valsad' payable at Valsad.
Eligibility for participation in tender: The following bidders can participate in the tender.
(A). He should have experience of repairing of SMPS P/P and / or conventional P/P not less
than Rs. 1,00,000/- (One Lakh) during last 3 financial years i.e. 2008-09, 2007-08, 2006-07. The
experience certificate should have been issued by an officer of BSNL/DOT/MTNL not below the rank
of Divisional Engineer or equivalent status in PSU. The experience certificate duly attested by the
Gazetted officer should be submitted with the tender documents.
OR (B) The bidder who is not having previous experience but qualified in electrical engineering
from a recognized university. Minimum qualification required for such bidder will be Diploma in
Electrical Engineering from the recognized university.
Educational Bidder: 10% of the total work will be awarded to the educational bidder who is having
the previous experience but has not carried out the work in BSNL up to the financial limit mentioned in
the previous 3 years. The condition at ‘A’ above who is not in a position to supply the experience
certificate.
EMD: Rs. 2,650/- S.D.: 10 % of the work awarded. Cost of tender form: Rs. 500/-
The educational bidder should not quote the rates in the ‘Rate Sheet’ at Annexure-I, Section-III.
The Tenders duly filled along with the EMD shown above in the form of DD payable at Valsad in favour of A.O.(Cash) BSNL O/o GMTD Valsad may be dropped in the TENDER BOX kept in the
chamber of AGM(Plg.) O/o GMTD, 2nd. Floor, New Telephone Exch. Bldg., Halar Road Valsad
before 14.00 hrs of the date of opening of Tender.
The tender form is available on web-site www.gujarat.bsnl.co.in. Same can be down loaded
for submission, however the requisite cost of tender in the form of DD drawn in favor of A.O. (Cash),
O/o GMTD Valsad, payable at Valsad must be attached with the tender document, failure to which, the
tender will be summarily rejected.
General Manager Telecom. District Valsad reserves the right to accept or reject any or all
tenders without assigning any reason.
Asstt. General Manager (Planning)
O/o GMTD Valsad.
Tender for repair PP Valsad SSA
Signature of tenderer
- 4 -
SECTION-1
GENERAL TERMS & CONDITION OF TENDER
1. GENERAL
This tender document consists of the following. A. Section-I General Terms & condition of the tender
B. Section-II Special Terms and condition &
List of P.P.Collection Centres-------- (Annex.-A )
Summary of P.P. Valsad SSA-------. (Annex.-B)
Service Report of repair of PP------- (Annex.- C)
Copy of Work Order------------------ (Annex.- D)
Mandate form for ‘e’ payment------- (Annex-E)
Certificate no near relative in BSNL (Annex-F)
C. Section-III Rate Sheet------------------------------ (Annexure-I)
Declaration from Tender--------------(Annexure-II)
Particular of tenderer----------------- (Annexure-III)
Details of experience----------------- (Annexure-IV)
Performance Security Guarantee--- (Annex-V)
Agreement-------------------------------(Annexure-VI)
All the sections and Annexure form integral part of the tender document. The contractor must
read carefully the terms and conditions of tender document before filling up the tender.
2. Submission , Acceptance and opening of Tender.
2.1 Tender form and associated documents are non-transferable.
2.2 Tender will be submitted in the prescribed form only in a cover superscribed
“TENDER FOR REPAIRING OF SMPS & CONVENTIONAL POWER PLANT OF VALSAD SSA”. The offers must be dropped in the Tender Box available at the O/o Asstt.
Genl. Manager (Plg.), O/o GMTD, Halar Road, Valsad. The envelope containing tender offer
must be properly sealed with wax seal or PVC tape. Unsealed or improperly sealed tender will
not be opened/considered.
2.3 GMTD Valsad is not bound to accept the lowest tender and reserves the right to reject any or
all tenders without assigning any reason whatsoever.
2.4 The tenderer will be bound to abide all the terms and conditions of the tender document. 2.5 The tenderer must affix his signature on all the pages of the tender document and submit a copy
along with the offer.
2.6 The tenderer must quote the rates in English both in words and figures.
2.7 The tender will be accepted up to 1400 hrs of the date of opening the tender. The tender box
will be closed before one hour of the time of opening the tender.
2.8 The tenders will be opened on due date in the presence of tenderer or their representative.
2.9 Tenders are accepted by registered post before the stipulated time. BSNL is not responsible for
any loss of tender form.
2.10 The following documents should be submitted along with the tender.
(a) Complete set of tender documents (all the pages) signed on each page with seal and duly
filled up wherever required.
(b) EMD as per Specified in clause 3.1 below.
(c) Power of attorney in favour of the person signing tender document in case of partnership
firms.
(d) Experience certificate as specified in clause 8 (A).
(e) A statement regarding staff employed by the tenderer and details of equipment /
infrastructure available with him for carrying out the work
(f) Certificate for Service tax registration, PAN etc.
(g) Certificate of no near relative in BSNL as per Annexure ‘F’
(h) Certificate of Diploma/Degree in electrical Engineering attested by a gazetted Officer as specified in clause 8(B).
Tender for repair PP Valsad SSA
Signature of tenderer
- 5 -
3.0 EARNEST MONEY DEPOSIT:
3.1 The E.M.D. of Rs. 21,300/- & Rs. 5,200/- in the form of DD in favor of
A.O.(Cash) O/o GMTD Valsad drawn on any Nationalized Bank and payable at Valsad
must be attached along with the offer. Non submission of EMD will render the tender to be rejected .
3.2 The earnest money will be refunded to unsuccessful tenderers after finalization of the tender.
No interest will be payable on the EMD. EMD in respect of successful bidder shall be
converted into S.D. and shall remain till six months after expiry of contract period.
3.3 The EMD is liable to be FORFEITED in case of successful tenderer ;-
a. Withdraws tender offer before finalization of the tender.
b. fails to accept the offer .
c. fails to pay the Security Deposit within the stipulated time.
d. fails to execute the Agreement within stipulated time.
e. If the declaration given by tenderer is found incorrect.
4- SECURITY DEPOSIT:-
4.1 The contractor shall have to pay the Security deposit 10% of the value of work to be awarded
including the EMD already deposited which will be converted into S.D. within 15 (fifteen) days of
receipt of acceptance letter from this office.
4.2 Security Deposit as mentioned above is to be remitted by the successful tenderer when required to
do so, in any of the forms as detailed below:
1. Demand draft drawn on any Nationalized bank in the favuor of A.O.(cash) BSNL
Valsad. The work order will be issued to the successful tenderer i.e. the selected tenderer only after encashment of the Demand draft .
OR
2. Bank guarantee from any Nationalized Bank for the period of 18 (Eighteen) months.
4.3 In the event of security being insufficient or if the security has been forfeited the balance of the
total sum recoverable as the case may be shall be deducted from any sum then due or which at
any time there after becomes due to the contractors under this or any other contract with Valsad
SSA should that sum also be not sufficient to cover the full amount recoverable, the contractor shall pay to Valsad SSA on demand the remaining balance due, failing which the contractor will
be black listed.
4.4 Security Deposit will not bear any interest when it is in the custody of BSNL and shall be refunded
six months after expiry of contract.
4.5 Security deposits tendered in any form vide clause 4.2 shall be liable for appropriation / adjustment
against any liquidated damages for delayed repairing & return of Modules of SMPS P/P or
against carry forward loss to the department to which the contractor does not meet otherwise. If the
contractor fails or neglects to perform any of his obligation under the contract it shall be lawful for
the BSNL to forfeit either whole or any part of the Security Deposit furnished by the contractor
which does not amount to imposing of penalty after issuing “SHOW CAUSE NOTICE” which will
be duly examined for final decision by the competent authority and the decision conveyed to the
tenderer in writing.
4.6 If the contractor duly performs and completes the contracts in all respects, the B.S.N.L. shall refund
the Security Deposit to the contractor after deducting all costs and other expenses that the BSNL
might have incurred for making good any loss due to any action attributable to the contractor which
the BSNL is entitled to recover from the contractor.
4.7 In the event of failure of the tenderer to repair the Modules of SMPS P/P and conventional P.P.
stipulated , the amount of Earnest Money and or initial security deposit shall stand forfeited and the
acceptance of the tender shall be reconsidered and revoked which will not amount to imposing of penalty.
Tender for repair PP Valsad SSA
Signature of tenderer
- 6 -
4.8 Any unclaimed Security Deposit(s) as due for refund to contractor and remain unclaimed for three
years when refund become admissible the same shall be dealt with, in accordance with the
provisions contained in the rules of the B.S.N.L.
4.9 The “Bank Guarantee” is an autonomous contract and imposes an absolute obligation on the bank in its terms. As such the existence of disputes between the parties under this contract or a
possibility of a reference of any dispute arising out of this contract to arbitration or of pendency of
proceeding on such a reference has absolutely no relevance to the obligation of the bank under the
“Bank Guarantee” The concerned Bank is bound to pay without demur irrespective of the
pendency of any arbitration proceeding or the imminence of any reference to arbitration of the
disputes between the parties to his contract arising out of this primary contract between the
concerned parties.
4.10 In the event of the contractor failing to observe or perform any of the conditions of the work
as set out herein, the Security Deposit referred to above will be forfeited by B.S.N.L. without
prejudice to any other rights.
4.11 In the event of the contractor being adjudged insolvent or going voluntarily into liquidation or
having/receiving order or other under Insolvency Act made against or in the case of company of the
passing of any resolution or making of any order, for winding up whether voluntarily or otherwise
or in the event the contractor failing to comply with any of the conditions herein specified,
G.M.T.D.Valsad shall have the power to terminate the contract without any notice.
4.12 The contractor’s heirs or representative shall with the consent in writing of the G.M.T.D.
Valsad have the right to continue to perform the duties or engagements of the contract in case of his
death.
5 Any attempt to negotiate directly or indirectly on the part of the tenderer with authority competent
to finally accept the tender will liable to exclude for consideration.
Dealership certificate and other relevant documents should be submitted along with tender
documents while submitting the tender offer.
Attested copy of the documents of their being manufacturers/Authorized dealer should be furnished
along with their tender offer.
6. The rates should be quoted in rate sheet in Section: III, Annexure-I in English in figures and
words without any overwriting, correction, errors, omissions etc.
6.1 The rates quoted should be strictly according to the specification, inclusive of all taxes, duties, levies, if any, packing & forwarding charges, transportation,& delivery at Collection Centre, but
excluding Service Tax & Cess on S.T.
6.2 The tenderer should invariably return all the tender documents including, Rate sheet (Annexure-
I), Particulars of tenderer (Annex.III) Declaration form (Annex-II) and instructions to
Tenderer.
6.3 The tender offer and other particulars/ information should be on firms letter head only.
6.4 This tender document is not exchangeable to other party.
6.5 The tender(s) received after the due date and time will not be considered.
Tender for repair PP Valsad SSA
Signature of tenderer
- 7 -
6.6 The representative of the tenderer should produce a letter of authority, power of attorney for
attending tender opening.
6.7 In future correspondence, tender notice No. & date should be quoted failing which
correspondence will be ignored.
6.8 The successful tenderer will have to sign all the documents forming part of contract
agreement.
6.9 All conditional tenders will be rejected / will not be considered.
6.10 The participant Tenderer should necessarily have registered with Service Tax authority and
furnish the Service Tax. Registration no.
6.11 Income tax will be deducted at prescribed rates from bills.
7. SIGNING OF CONTRACT AGREEMENTS.
7.1 The successful tenderer shall be required to execute an agreement on a non judicial stamp
paper of Rs. 50/- (Rs. Fifty only) at his own cost and in the form specified by G.M.T.D.
Valsad.
7.2 The attention of the contractor is specifically drawn to the condition regarding realization of
liquidated damages for delay in repairing and return of Modules of SMPS Power Plant and
conventional PP which may be strictly enforced by the G.M.T.D Valsad.
7.3 All legal disputes are subject to the justification of Valsad court only.
7.4 Before signing of agreement, the successful bidder has to fulfill the condition of
establishing the workshop at Valsad SSA as per the tender condition section –II, clause 2.2(b)
8. Eligibility for participation in tender: The following bidders can participate in the tender. (A). He should have experience of repairing of SMPS P/P and / or conventional P/P not less
than Rs. 1,00,000/- (One Lakh) during last 3 financial years i.e. 2008-09, 2007-08, 2006-07. The
experience certificate should have been issued by an officer of BSNL/DOT/MTNL not below the rank
of Divisional Engineer or equivalent status in PSU. The experience certificate duly attested by the
Gazetted officer should be submitted with the tender documents.
OR (B) The bidder who is not having previous experience but qualified in electrical engineering
from a recognized university. Minimum qualification required for such bidder will be Diploma in
Electrical Engineering from the recognized university.
Educational Bidder: 10% of the total work will be awarded to the educational bidder who is having
the previous experience but has not carried out the work in BSNL up to the financial limit mentioned in
the previous 3 years. The condition at ‘A’ above who is not in a position to supply the experience
certificate.
Educational bidder should not quote rate in the financial bid i.e. ‘Rate Sheet’. On the cover of the
envelope, he should write “Educational Bid”. The bid should be accompanied by the required EMD for
educational bid. Educational bidder has to work on approved rates of L-1 bidder.
9. Validity of Offer/BID:-
The rates quoted should be valid for acceptance by GMTD Valsad for a period of 180 days from
the date of opening of tender.
Tender for repair PP Valsad SSA
Signature of tenderer
- 8 -
SECTION-II
Special Terms and conditions of the tender
Specification as well as Terms and conditions of the work for Repairing of Modules of SMPS
Power Plant and conventional Power Plant.
SCOPE:
1 The work of repair of faulty Modules of SMPS Power Plant & conventional PP involves
collection of Modules from collection centers as given in Annexure A to section -2, its repair
and returning back.
1.1 The contract shall cover the repair of Modules of all type & make of SMPS Power Plant
including PCB.
1.2 The conventional Power Plants are to be repaired at site.
2- Collection of faulty Modules of SMPS P/P: -
2.1 The Collection Center will intimate to the contractor the quantity of faulty modules of SMPS
P/P lying with it. The intimation will be sent on Telephone. This shall be followed by a work
order once a week by post. (Work Order copy enclosed vide section:II, Annexure-D).
2.2 (a) The contractor shall repair the SMPS P/P modules at the site it self as far as possible. Only
those modules which cannot be repaired at site, may be collected from the collection centre to
their work shop. The contractor shall ensure the collection of the faulty Modules within 3 days
of the date of issue of intimation.
2.2(b) The successful bidder should have or should establish a workshop at Valsad SSA before signing an agreement. The address of the work shop will have to be provided later on when asked for.
2.3 The contractor shall pack the faulty Modules and take the same to his workshop at his cost.
2.4 The contractor shall acknowledge receipt of Modules of SMPS P/P to Collection Center.
2.5 Before accepting the faulty Modules of SMPS P/P the contractor may check that Modules of
SMPS P/P are complete in all respects and all components are available in each Modules of
SMPS P/P. Once accepted by contractor it must be returned back duly repaired. The contractor
will ensure return of the repaired Modules of SMPS P/P lot wise.
2.6 In case it is observed that any module is beyond repair, in exception cases due to being
extensively burnt etc., contractor will furnish full justification for not accepting the same
for repair.
3 DURATION FOR REPAIR:
The contractor shall repair the faulty Modules of SMPS P/P and return the same to “Collection
Center” within 7 (seven) days of its collection. Conventional power plant should be repaired
within 3 days after reporting
4 The contractor shall use good quality components for repair of Modules of SMPS P/P and
conventional power plant. The spare parts should be purchased by the contractor from
manufacturers or their authorized dealers only.
5 Inspection: The repaired modules will be tested by the SDE of concerned exchange within two days of
receipt of repaired P/P .The report of SDE will be final.. If the modules are found O.K. then a
certificate will be issued to the contractor. Otherwise the module will be returned to the
contractor.
Tender for repair PP Valsad SSA
Signature of tenderer
- 9 -
6.0 Returning of repaired Modules of SMPS P/P. 6.1 The contractor shall pack each repaired Modules of SMPS P/P suitably to avoid damage while
returning them to the collection center.
6.2 The date of receipt of repaired Modules of SMPS P/P duly tested by Unit Officer of Collection
center shall be reckoned as date of actual receipt of Modules of SMPS P/P.
7 Warranty of repair:
The contractor will undertake quality repair which will ensure the normal trouble/defect free
performance of the Modules of SMPs & conventional P/P for a period of 03 months from
the date of inspection and clearance. In case the repaired Modules of SMPS P/P &
conventional power plant develop any defect or deficiency or fault, i.e. it becomes faulty
during the warranty period the contractor shall rectify, repair and remedy such defects,
deficiency in the repaired 25A/50A/100A Modules of SMPS P/P & conventional power plant at
his own cost and expense i.e. free of charge.
8 Reports:-
8.1 The contractor shall furnish a summary of fault found and name/details of the
components replaced in repaired Modules lot wise to the Collection Center.
8.2 The contractor will provide a quarterly report on repairs done by him in a suitable proforma to be
prepared in consultation with BSNL.
9. PENALTY CLAUSE FOR NON PERFORMANCE:-
9.1 Delay in collection: The faulty Modules/mother board of SMPS P/P should be collected within 3days as stipulated in clause 2.2 .In case contractor fails to collect the Modules /mother board
of SMPS P/P within the stipulated time, a penalty of Rs.200/- per day or part thereof per
Modules/mother board of SMPS P/P shall be levied as a pre-estimated loss and damage that is
likely to be suffered by BSNL..
9.2 Delay in delivery after repair: The repaired Modules / mother board of SMPs P/P are
to be returned within 7days of collection for repair. If the contractor fails to return the repaired Modules/ mother board of SMPS P/P within 7 days or to repair the conventional P/P
within 3 days of reporting, the penalty of Rs.200/- per day or part thereof per Module /
mother board of SMPS P/P shall be levied as a pre-estimated loss and damage that is likely to
be suffered by BSNL. If the module is not repaired within 2 weeks of its collection, the module
will be get repaired from other agencies and difference in repair cost along with the penalty will
be recovered from the running bill or security deposit.
9.3 The total amount of penalty shall be limited to 20 % of total cost of the tender in a year. The
tender may be terminated when the penalty reaches to this limit of 20%.
9.4 In case of failure to repair the modules of SMPS PP, conventional PP, mother board by the
contractor in stipulated time, the BSNL free to get them repaired from out sources. The
repairing charges for the same will be recovered from the S.D. or running bills of the contract
10 ACCEPTANCE OF TENDER & VALIDTTY:- (A) The rates quoted by the tenderer should remain valid for acceptance by BSNL for a period of
180 days from the date of opening of tender.
(B) The rates quoted by the tenderer and accepted by BSNL shall remain firm and valid during
the period of Annual Repair Contract for a initial period of one year which can be
extended for further six months on same terms and conditions if so desired.
(C) No revision of rates or escalation of price due to any reason(s) will be allowed after tenders are opened and accepted by the BSNL.
(D) Increase/decrease of taxes duties etc. will not affect the price/rate during the validity period
of tender and its extension.
Tender for repair PP Valsad SSA
Signature of tenderer
- 10 -
11 RESPONSIBILITY FOR EXECUTING CONTRACT:- The contractor is responsible for the execution of the contract in all respects in accordance with
the terms and condition as specified in the tender /schedule annexed here to.
12 SUBLETTING OF CONTRACT :-
The contractor shall not sublet/transfer or assign the contract or any part thereof without
written permission of GMTD Valsad. GMTD Valsad will have the right to accept or reject,
without assigning any reasons, the request of tenderer for subletting the work.
13 DELIVERY :-
Time is essence of the contract. The date of delivery of the repaired modules stipulated in the
Work Order shall be the essence of the contract and the delivery must be completed within the
scheduled delivery dates specified therein.
14. SYSTEM OF PAYMENT:- Unless otherwise agreed the contractor shall submit bill to the collection center in
quadruplicate which should be typed or written in ink. The original copy of the bill must be
pre-receipted over revenue stamp if the amount exceeds Rupees five thousand. The bills
are to be submitted by the contractor along with original work order. The bill should contain
Service tax Register Number. The bill should contain Machine number. The bills are to be
certified by concerned controlling officer (SDE) and passed by DE concerned. The bill shall
contain Tender No., work order No. and date, reference of the challan and the receipt
particulars of the stores. After passing, the cheque shall be issued for the passed amount by A.O.(Cash), O/o G.M.T.D. Valsad.
However, as per the latest guidelines issued by Corporate Office, BSNL N.D. ‘E’
payment facility is made available to contractors for their bills and other payments for which
they have to provide information in mandate form as per annexure ‘E’ (section-II).
14.1 Any liquidated damages or penalties due shall also be recoverable from the bills submitted by
the Contractor. 14.2. The contractor shall not be justified in abandoning the contract because the BSNL has delayed
making payments in respect of other works being done by the contractor.
14.3 Recovery of sum due: Whenever any claim for the payment of a sum of money has arisen
out of or under this contract against the contractor, the BSNL shall be entitled to recover such
sum by appropriating in part or whole of the security deposite by the contractor. If the
amount of security is not sufficient, then the balance of the total sum recoverable as the case
may be, shall be deducted from any sum then due or which at any time thereafter may
become due to the contractor under this or any other contract with G.M.T.D. Valsad or any
other unit of BSNL. The contractor shall pay to the BSNL on demand the remaining balance
due.
14.4 G.M.T.D. Valsad shall not be liable for payment of any interest on any bill outstanding for
payment.
15 The tenderer(s) shall not be entitled to revoke or cancel his tender or to vary the tender submitted
or in terms thereof during the validity period of one year or extended period if any without
the written consent of .G.M.T.D. Valsad.
16 The contract can be extended for a further period of six months with the same terms and
conditions, at the discretion of GMTD Valsad.
Tender for repair PP Valsad SSA
Signature of tenderer
- 11 -
17 SERVICE OF NOTICE :_
Any notice order or other communication sought to be served on the contractor with reference
to the contract shall without prejudice to any other mode of service be deemed to have been
served if delivered by hand or sent by registered post to the office of contractor as per tender
and one copy endorsed to the contractor’s head office. Any notice or order or communication by the contractor shall be valid served if the same is delivered by hand or through registered
post to the office of G.M.T.D. Valsad.
18 Termination of contract:-
GMTD Valsad reserves the right to terminate the contract before its expiry by giving a notice of
one month.
19 DISPUTES AND ARBITRATION:_
All disputes arising between the contractor and the G.M.T.D. Valsad out of this contract shall
be referred to the arbitration of the Chief General Manager Telecom, Gujarat Circle
Ahmadabad or an officer appointed by him on his behalf in respect of following;
a. In case parties are unable to reach a settlement by themselves, the dispute should be submitted
for arbitration in accordance with contract agreement.
b. There should not be a joint submission by the contractor to the sole arbitrator.
c. Each party should submit his own claim separately and may oppose the claim put forward by
the other party.
d. The onus of establishing his claims will be left to the Contractor
e. His claim will be firmly resisted by utilizing all at the evidence available with the BSNL.
f. Once a claim has been included in the submission by the contractor alternation or modification thereof will be opposed.
g. The points of defence will be based on actual conditions of the contract.
h. The question whether these conditions are equitable shall not receive any consideration in the
preparation of “Point of defence”
i. Claims in the nature of ex-gratia payments shall not be entertained by the Arbitrator as these
are not contractual if the contractor includes such claims in the submissions, the fact that they
are not contractual will be prominently placed before the Arbitrator. j. In case the amount involved is heavy, the sole Arbitrator may be within his rights to conduct
the defence by the Government Pleader.
20 REFUND OF SECURITY DEPOSIT :-
20.1 The security Deposit or a part thereof or such balance thereof if any, as may remain after
deduction there from in respect of any outstanding bills of the contractor to the BSNL shall be
paid back to the contractor after six (6) months from the date of expiry of contract. The
contractor shall remain liable to the B.S.N.L. in respect of any shortfall and or discharge
liabilities not withstanding return of Security Deposit or any part thereof.
20.2 Interest will not be payable on the Earnest Money or on the Security Deposit or on amount
payable to the contractor under the contract..
20.3 Refund of the Security Deposit is subject to full and final settlement of bill for the supply
of modules duly repaired under the contract.
21. FORCE MAJEURE:_
In the event of any force majeure clause, the contractor shall not be liable for delays to perform their obligation under this order and the delivery date will be extended without being subject to
price reduction for delayed deliveries as stated elsewhere.
Force Majoure shall mean and be limited to be following:
a) War/ Hostilities.
Tender for repair PP Valsad SSA
Signature of tenderer
- 12 -
b) Riot or Civil Commotion
c) Earthquake, fire Tempest Lightening or other natural physical disaster.
d) Restrictions imposed by the Government (Central or state or other statutory bodies which prevent
for delays the execution of the order). The contractor shall advice BSNL Valsad by registered letter
duly certified by the local chamber of commerce of statutory authorities, the beginning and end of the above causes of delay, within 7 (Seven) days of the occurrence and cessation of such force
majeure conditions. In the event of delay lasting over as one month if arising out of force majeure
BSNL reserves the right to cancel the order and the provisions governing termination stated under
clause 21 shall apply.
22 INDEMNITY:-
The contractor at all times indemnifies the BSNL against all claims which may be made in respect
of the stores for infringement of any right protected by patent registration of designs or trade mark.
Provided always that in the event of any claim in respect of alleged breach of letters patent
registered designs or trade mark beginning against the BSNL the BSNL shall notify the contractor
of the same and the contractor shall at his own expenses settle any such dispute or conduct any
litigation that may arise there from.
23 Certificate of No near Relative working in BSNL:
As per annexure-F (section-II).
24 TENDER EVALUATION: The tender shall be evaluated by the T.E.C. based on the lowest rate quoted in each package (i.e.
package ‘A’ & package ‘B’) of work (including all the items).
25 The G.M.T.D. Valsad reserves the right to terminate the contract at any time without
assigning any reasons and without notice.
Tender for repair PP Valsad SSA
Signature of tenderer
- 13 -
ANNEXURE-(A) : Section -II
LIST OF COLLECTION CENTERS OF FAULTY P/P MODULES
LOCATION INCHARGE OF COLLECTION CENTER
All Exchanges Valsad D.E. ( I/D) Valsad for Valsad Old & New Exch.
All Exchanges Valsad Phones & Rural D.E. Phones Valsad (SDET, SDEP Valsad &
SDET Dharampur)
Vapi D.E.(P) & DE(I/D) Vapi
Silvassa D.E. (P) Silvassa
Daman D.E. (P)Daman (SDE I/D DMN, SDEP DMN &
SDET K'pardi, SDET Udwada.
Umbergam D.E. (T) Umbergam.
Chikhli D.E. (T) Chikhli (SDET Ckl, SDET Ahwa & Bansda))
Billimora D.E. (T) Billimora (SDE I/D BLM & SDET BLM,
Gandevi,& SDET Amalsad
Navsari DE (I/D) NVS, DE(P) NVS & AGM (G) NVS
GSM sites-Valsad SSA. DE(CMTS)/DE in charge of the site.
Note: Summary of P.P. Valsad SSA is given as per Annexure-'B', section-II
The tenderer has to collect the faulty module from the officer under receipt and return to him
duly repaired. The satisfactory slip from the officer may be obtained and copy of service report as per
annexure-'C' section-II may be produced along with the bill.
ANNEXURE-B (SECTION-II)
SUMMARY OF P.P. VALSAD SSA.
(Total available out of which approximate 80% are anticipated for repair)
Sl.
No
Location 25A
SMPS
50 A
SMPS
100 A
SMPS Conventional P.P (FR/FCBC) REMARKS
25
A
50
A
100
A
200
A
400
A
600
A
1 2 3 4 5 6 7 8 9 10 11 13
1 Valsad 6 18 41 1 --- 2 - - 3 Local & Rural
2 Vapi - 4 19 - - - - - 3 Local & Rural
3 Daman - 12 34 - - - 2 2 - Local & Rural
4 Silvassa 6 - 4 1 4 - 3 - Local & Rural
5 Umbergam 2 8 14 4 1 - 2 3 - Local & Rural
6 Chikhli 18 12 48 6 1 4 4 - - Local & Rural
7 Billimora 8 12 15 - - - 4 - - Local & Rural
8 Navsari 2 4 58 - - 14 - - - Local & Rural
9 GSM sites (as detailed in
ann. Above)
190 - - - - - - - - GSM sites
Total 232 70 233 12 2 24 12 8 6
Tender for repair PP Valsad SSA
Signature of tenderer
- 14 -
Annexure- C (Section- II)
SERVICE REPORT OF REPAIR OF POWER PLANT/MODULES
Work Order No:………………………………… dated…………….
Sl.
No
Description Remarks
1 Name of the Exchange
2. Name of the Sub Division
3. Type of Power Plan
4. Capacity
5. Make / Manufacturer
6. Total Modules installed
7. Total Modules Working
8. Total Modules now Faulty
9. Module Sl No. to be repaired
10. When last repaired by tenderer
11. What defect now noticed and
reported by field officer
12. Defect detected by service Engineer
13. Components replaced if any
14. Date of repair
The above module is Functioning Satisfactorily after attending the fault and faculty components
are received back.
Signature of the Service Engineer Inspection carried out after repair
For M/s Signature of Exchange in charge
Seal:
Note: Service report is to be attached with the bill invariably.
Tender for repair PP Valsad SSA
Signature of tenderer
- 15 -
Annexure - D (Section- II)
DETAILS OF POWER PLANTS FOR RECONDITIONING
Tender No.
WORK ORDER No………………………………DATE…………………
1. Reporting unit (Exchange) :
2. Type and Make of power plant :
3. Sl No. :
4. Capacity in details :
5. Date of intimation :
6. Date of inspection after reconditioning :
7. Date put into service in the presence of
contractors representative :
8. Description of Repairs :
(a) Defect reported by field units :
(b) Defects observed by contractor :
(c) Components replaced (Defective
Components replace to be returned to
field unit) :
(d) Period of warranty :
Signature:-
Name of Contractor: -
Certified that the power plant was inspected after reconditioning and
performance has found to be satisfactory and fit for putting into service.
Signature
Name of Inspection officer with Designation (SDE in charge)
Counter Signature by DE concerned
Tender for repair PP Valsad SSA
Signature of tenderer
- 16 -
Annexure - E (Section- II)
Mandate form for ‘E’ payment.
(Authorization letter for payment of supplier’s , contractor’s bills through ‘E’ payment.)
Proforma
Sl.. Particulars Details
1 Name of the company/Firm
2 Address
3 Particulars of bank Account
a Name of Bank
b Branch Name
c Type of Account
d Ledger No./Folio No.
e Name of the Account Holder
f Account No. as appearing on
the cheque book/pass book.
SB Account No. :
Current Account No. :
g Branch code
h Address
i T.No. of branch
J Whether SEFT system
available
Yes/No
k Whether RTGS enabled, give
IFCS code
Yes/No
l 9-Digit code number of the
Bank and Branch as appearing
on the MICR Cheque issued
by the bank.
Date of effect:
Abbreviation /Acronym used above are as under.
1. SEFT: Special Electronic Funds Transfer.
2. RTGS: Real Time Gross Settlement.
3. MICR: Magnetic Ink Character Recognition.
Tender for repair PP Valsad SSA
Signature of tenderer
- 17 -
(Section- II)
Annexure - F
CERTIFICATE OF NO NEAR RELATIVE WORKING IN BSNL:
This is to declare that I Shri …………………………………………………………son
of Shri……………………………………………………….. Proprietor/ partner of the
firm/company: ………………………………………………………………….. having
residence at ………………………………………………………………………………
not having any relative (s) employed in BSNL. No person related to above mentioned
Firm/company is employed in BSNL.
A relative includes:
(a) Member of HUF.
(b) They are husband and wife.
(c) The one related to other in the manner as father, mother, son(s) & son’s wife
(daughter in law), daughter(s) & daughter’s husband (son in law), brother(s) &
brother’s wife, sister(s) & sister’s husband (brother in law).
Signature of the bidder.(with seal)
In case of partnership firm, declaration is to be given by partners separately.
Tender for repair PP Valsad SSA
Signature of tenderer
- 18 -
ANNEXTURE-I (SECTION –III)
RATE SHEET
FOR REPAIRING OF MODULES OF SMPS & CONVENTIONAL POWER PLANTS OF EXCHANGES OF VALSAD SSA.
Tender No.: W-6/MM/Tender-22/Repair/PP/09-10/1 dated at Valsad the 19-09-2009
I/We hereby offer to repair SMPS/Conventional power plant modules along with
mother board at the following rates on the terms and conditions stipulated in this tender.
Pack
age.
Item Qty. (Approx)
Rate in Figure (per unit) in Rs.
Excluding S. T.
Rate in words (per unit) in Rs.
(Excluding Ser. Tax.)
A Repairing of SMPS Power Plant
a. 25A Modules 185
b. 50A Modules 56
c. 100A Modules 186
d. Servicing charge of control
panel/control card of all type of SMPS PP.
** see note below
25
B Repairing of Conventional P/ P
(a) 25/50 Amp 11
(c) 100 Amp 19
(d) 200 Amp 10
(e) 400 Amp 6
(f) 600 Amp 5
** Note: The contractor shall submit the rate of the parts such as A/c, D/c contactor of the
relevant ratings/capacity, surge arrester, meters/selector switch etc on a separate sheet /pad of
the firm which shall be payable to the contractor in addition to the servicing charge quoted
above when provided/replaced.
Notes:-
1. The evaluation will be done on the basis of rate quoted package wise (including all the items).
2. The rates should inclusive of the cost of all spare parts, applicable local taxes, octroi etc. but
excluding Ser. Tax for item No.1 to 4. For item No. 5 as mentioned above, only servicing charges
shall be taken in to account for evaluation of the bid.
3. Spares not included in the repairs of control panel shall be paid in addition to servicing charge.
4. The rate should include collection, delivery, packing, transportation, insurance charge.
5. Service tax including cess on S.T. shall be paid by BSNL separately at the rates prevalent.
(Present rate of S.T. i.e. S.T 10% + (cess on S.T. 2%+1%). The contractor shall give Service tax
Registration no. in order to claim the benefit of the same by BSNL.
6. Paid challan of service tax will be submitted by the contractor on quarterly basis, failure to which,
further bills will not be released.
Tender for repair PP Valsad SSA
Signature of tenderer
- 19 -
ANNEXURE-II (Section-III)
Declaration:
I/We hereby declare that I/We have gone through the terms and conditions of
the tender invited vide Tender No. W-6 / MM / Tender-22 / repair / PP / 09-10/1
Dated at Valsad the 19-09-2009 and agree to abide by me/us in full.
Signature :-
Name (Block Letter):-
Rubber seal :-
Address :-
Tender for repair PP Valsad SSA
Signature of tenderer
- 20 -
ANNEXURE-II (a) (Section-III)
Declaration by Educational bidder.
I / We hereby declare that I / We have gone through the terms and
conditions of the tender invited vide Tender No. W-6/MM/Tender-22/ repair/
PP/09-10/1 Dated at Valsad the 19-09-2009 and agree to abide by me / us in
full.
Further, I am participating as an educational bidder in this tender.
Signature :-
Name (Block Letter):-
Rubber seal :-
Address :-
Tender for repair PP Valsad SSA
Signature of tenderer
- 21 -
ANNEXTURE-III (Section-III)
PARTICULARS OF TENDERER:
Sl. Details
1 Name & Address of the tenderer
2 Local Address & Tele. No. of the Party
3 Name & designation of the Person
signing the tender Document
4 Capacity in which tender Document is
signed. Proprietor/ Partner/Power of
Attorney holder. (Documentary proof
may be submitted as the case may be.)
5 PAN No.
6 Ser. Tax Regn. No.
7 EMD amount with No. & Date of D.D.
8 Telephone No. /Mobile No. (with STD
code)
Office: Res.
Mobile:
9 Fax No.
10 E Mail Address
Tender for repair PP Valsad SSA
Signature of tenderer
- 22 -
Annexure- IV (Section-III)
Details of experience
Details of our previous work experience are as under
Sl.No Name of SSA Year of contract No. of Modules
repair.
Amount of work (Rs. In
Lakh)
Signature of Tenderer
(with Seal)
Note:- Documentary evidence in respect of the above to be enclosed. Failure to submit the
experience certificate duly attested along with the tender shall entitle total rejection of the
tenders. The experience certificate should have been issued by an officer of BSNL/DOT/MTNL not below the rank of Divisional Engineer or equivalent status. The
experience certificate dully attested by the gazetted officers should be submitted with the tender
documents.
Tender for repair PP Valsad SSA
Signature of tenderer
- 23 -
SECTION III
Annexure-V
PERFORMANCE SECURITY GUARANTEE (BOND FORM)
In consideration of the General Manager Telecom, District Valsad (hereinafter called " BSNL ") having agreed
to exempt ______________ (hereinafter called 'the said Contractor (s)') from the demand, under the terms and
conditions of an agreement/(APO) No. ________ Dated _________ made between __________________ and
___________________ for the repair of _______________________ (hereinafter called 'the said Agreement'),
of security deposit for the due fulfillment by the said Contractor (s) of the terms and conditions contained in the
said Agreement on production of a bank guarantee for ____________________ we, (Name of the bank)
______________________ (hereinafter referred to as "the Bank") at the request of _____________________
(contractor(s) do hereby undertake to pay to the BSNL Valsad an amount not exceeding ___________________
against any loss or damage caused to or suffered or would be caused to or suffered by the BSNL Valsad by
reason of any breach by the said Contractor(s) of any of the terms or conditions contained in the said agreement.
2. We (Name of the bank) ________ do hereby undertake to pay the amounts due and payable under this
guarantee without any demur, merely on a demand from the BSNL Valsad 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 Valsad by reason of
breach by the said contractor(s)’ of any of the terms or conditions contained in the said agreement or by reason
of the contractor(s)’ failure to perform the said Agreement. Any such demand made on the bank shall be
conclusive as regards the amount due and payable by the Bank under this guarantee where the decision of the
BSNL Valsad in these counts shall be final and binding on the bank. However, our Liability under this
guarantee shall be restricted to an amount not exceeding ______________________.
3.. We undertake to pay to the BSNL Valsad any money so demanded notwithstanding any dispute or disputes
raised by the contractor(s)/ contractor(s) in any suit or proceeding pending before any court or tribunal relating
thereto our liability under this present being absolute and unequivocal. The payment so made by us under this
bond shall be valid discharge of our liability for payment there under and the contractor(s)/ contractor(s) shall
have no claim against us for making such payment.
4. We (name of the bank) __________ further agree that the guarantee herein contained shall remain in full force
and effect during the period that would be taken for the performance of the said agreement and that it shall
continue to be enforceable till all the dues of the BSNL Valsad under or by virtue of the said Agreement have
been fully paid and its claims satisfied or discharged or till BSNL Valsad certifies that the terms and conditions
of the said Agreement have been fully or properly carried out by the said contractor(s) and accordingly
discharges this guarantee. Unless a demand or claim under this guarantee is made
on us in writing on or before the expiry of TWO/ TWO AND HALF/THREE YEARS (as specified in the
P.O.) from the date hereof, we shall be discharged from all liabilities under this guarantee thereafter.
5 We (Name of the bank)________ further agree with the BSNL Valsad that the BSNL Valsad shall have
the fullest liberty without our consent and without affecting in any manner our obligations hereunder to very
and of the terms and conditions of the said Agreement or to extend time of performance by the said
contractor(s) from time to time or to postpone for any time or from time to time any of the powers exercisable
by the BSNL Valsad against and said Contractor(s) and to forbear or enforce any of the terms and conditions
relating to the said agreement and we shall not be relieved from our liability by reason of any such variation,
or extension being granted to the said Contractor(s) or for any forbearance, act or omission on the part of the
BSNL Valsad or any indulgence by the BSNL Valsad to the said contractor(s) or by any such matter or thing
whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving
us.
6` This guarantee will not be discharged due to the change in the constitution of the Bank or the contractor(s)/
contractor(s).
7 We (name of the bank) ______________________ lastly undertake not to revoke this guarantee during
its currency except with the previous consent of the BSNL Valsad in writing.
Dated the ________________ day of _____________
For ________________________________________
Tender for repair PP Valsad SSA
Signature of tenderer
- 24 -
Section :III (Annexure-VI) AGREEMENT
This agreement is made on day of Two Thousand and -------- between BSNL, Valsad
Telecom District Valsad and M/S --------------------------------------------------------------------------------
for Repairing of SMPS P.P. MODULES AND CONVENTIONAL P.P. in Valsad Telecom District in
accordance with tender No. W-6 / MM / Tender-22 /repair / PP /09-10 /1 Dated at Valsad the 19-09-09
accepted by both side. Agreement made between BHARAT SANCHAR NIGAM LIMITED through General
Manager, Valsad Telecom District a Government of India Enterprise or any officer duly authorized by
him in Bharat Sanchar Nigam Limited, hereinafter referred to as BSNL , Valsad (which expression
shall unless it be repugnant to the context or meaning thereof be deemed to include his successors and
assigned on the ONE PART AND M/S ----------------------------------------------------------------------------
--------------under name and style as above a Private Limited Company, under the Companied Act
1956, hereinafter referred to as the "Contractor" (which expression shall unless it be repugnant to the
context or meaning thereof be deemed to include its successors and assigns) on the OTHER PART.
WHERE AS BSNL, Valsad approved M/S-----------------------------------------------------for
Repairing of SMPS P.P. MODULES with approved rate as per terms & conditions of tender No. W-6 /
MM / Tender-22 /repair / PP /09-10 /1 Dated at Valsad the 19-09-2009 within Valsad Telecom
District.
NOW THIS AGREEMENT WITNESSES as follows:
2. Scope of Work
2.1 As per terms & conditions of tender at the site / place desired by the officer of BSNL, Valsad
Telecom District with specification and approved rates . The contractor is hereby bound to as
per demand in respect of repairing of SMPS P.P. MODULES Instruments. etc.
2.2 Validity of Tender.
This agreement for RRC is valid for one year from the date of issue of Final Acceptance Tender (FAT). The RRC can further be extended at the discretion of GMTD Valsad for another
Six months at the same rate, terms & conditions.
2.3 PAYMENT TERMS
The Contractor shall submit bills in triplicate to the Consignee with advance stamp receipt , the
bills should contain:
( i ). A copy of work Order.( ii ) Bills along with Delivery Challan to be certified, passed by
competent authority and there after forwarded to SDE (MM) section for payment .
3. SECURITY DEPOSIT The Contractor has deposited S.D. of Total Rs. /- paid vide R. No. / dtd.
4. WORK ORDER :
The W.O. shall be issued by Officer I/C, Valsad. The contractor shall be bound with all the
terms and conditions mentioned in the tender No. W-6 / MM / Tender-22 /repair / PP /09-10 /1
Dated at Valsad the 19-09-2009 and its annexure along with all amendments /correspondence
made in this regard undertaking to comply with the orders issued by the field officers of Valsad
Telecom District in full.
5. The Contractor shall not transfer or sublet the contract without prior consent in writing of the
General Manager, Valsad Telecom District, Valsad.
6. No one connected with or in the employment of BSNL, Valsad Telecom District shall be admitted by
the contractor as a partner or have any interest in this contract.
7. TERMINATION CLAUSE: In the event of the contractor being adjudged insolvent or in
the event of his failing to comply with any of the terms and conditions mentioned herein and in
the tender No. W-6 / MM / Tender-22 /repair / PP /09-10 /1 Dated at Valsad the 19-09-2009,
the General Manager will have powers to terminate the contract after giving one month notice.
8. The GMTD Valsad shall be at liberty to terminate this agreement at any time by giving one
Tender for repair PP Valsad SSA
Signature of tenderer
- 25 -
month's notice in writing without assigning any reason(s). The BSNL, Valsad shall not be
responsible for any loss, damage etc. as a result of the termination of the contract entering into
partnership without written consent of General Manager, Valsad Telecom District, Valsad,
with another party/parties for carrying out this contract after the tender offer is accepted or after
the contract is finalized, will invalidate the contract and can be terminated without notice on this account by General Manager, Valsad Telecom District, Valsad.
9. If the contractor dies before or during performance of this contract the General Manager,
Valsad Telecom District, Valsad or any person authorized by him may at his option either
immediately terminate this agreement or allow the surviving partner and/or the heirs and legal
representatives of the contractor to perform and complete the contract within the stipulated
time.
10. In the event of the termination of the agreement as mentioned in para 7 and 8 here of the
contractor or his heirs and legal representative shall have no claim for compensation or
otherwise for any loss sustained by the contractor by reason of his having purchased or
procured any accessories or entered into an agreement or made any advances on account or
with a view to supply the prescribed materials to the Valsad Telecom District as per the
agreement.
11. FORCE MAJURE The contractor shall not be held responsible for the delay in Repairing of SMPS P.P.
MODULES Inst. under the terms and conditions of this agreement for reasons beyond his
control i.e. Civil war, Strike, Riots and Natural Calamities.
12. Any sum of money due or payable to the Contractor including Security Deposit may be
appropriated by the BSNL , Valsad Telecom District and set off against any claim of the BSNL
for the payment of money arising out of or under any other contract made by the contractor
with the BSNL .
13. RATE
The contractor shall be paid at the rates specified in annexure-I and approved by this office.
14. Rates in respect of Repairing of SMPS P.P. MODULES Inst. etc. , quoted in both figures and
words in the Annexure , will hold good for the entire period of “ One Year ” from the date of
conclusion of the agreement as well as for further Six Months in addition, if the period is
extended by the General Manager, Telecom District, Valsad and no revision of rates due to
market fluctuations or increase in Government taxes or for whatsoever reason(s) will be allowed during the entire period of agreement.
15. BLACKLISTING /FORFIETURE OF SECURITY DEPOSIT
If the contractor failed to repair within time limit, fails to complete the work order or the
material used is of poor quality and not as per tender specification, the GMTD Valsad and his
authorized representative shall reject such material of poor quality and the expenditure shall be
recovered from bills of the contractor. GMTD Valsad shall have full right to forfeit the bill
amount and may also blacklisted the firm for 3 years after giving one month notice.
16. Delay and Poor Quality Materials For any breach of the contract including not carrying out the repairing of SMPS P.P.
MODULES work as per tender conditions at accepted rates within stipulated time limit, BSNL
Valsad will forfeit the amount of bills and black list the Contractor as mentioned in Para no.15
mentioned above.
17. PENALTY :As per tender terms & conditions .
18. IMPORTANT CLAUSE
If the approved Contractor fails to carrying out the repairing of SMPS P.P. MODULES and
CONVENTIONAL P.P. work at the accepted rate with standard quality and make , his contract
as a whole will be terminated and his bills will not be paid . In addition, he will be black listed
and debarred from participating and acceptance of any of the future tender in process of
finalization for a period up to 3 years from Valsad Telecom District OR may be from whole
Gujarat Circle.
Tender for repair PP Valsad SSA
Signature of tenderer
- 26 -
19. DISPUTES/ ARBITRATION CLAUSE
(a) In the event of any question dispute of difference arising under this agreement or in connection
therewith (except as to matters the decision of which is specifically provided under this agreement) the same shall be refereed to the sole Arbitration of the GMTD Valsad.
(i) concerned member of the BSNL Board (hereinafter referred to as the said Officer) or any
person nominated by him in the case of contracts entered into by the Heads of Circle/ Districts
and
(ii) to the sole arbitration of the Head of Circles, Districts viz. Principal General Manager Telecom
Districts Telecom circles, Project Circles, Maintenance regions, Telecommunication Stores
Technical and District Manager Telecom (hereinafter referred to as the "said officer") or any
person nominated by him in the case of contracts entered into by Divisional Engineers
Telegraphs/ Telecom or officer or Equivalent Rank.
There will be no objection for any such appointment that the arbitration is a Government
Servant if however, the Arbitrator is a Government Servant he will be one who had an
opportunity to deal with the matter to which the agreement relates or that the course of his
duties as BSNL Servant he has expressed views on all or any of the matters in dispute or in
differences the award of the arbitrator shall be final and binding on the parties. It is a term of
the agreement that in the event of such Arbitrator shall be final to whom the matter is originally
referred to being transferred his officer dying resigning or refusing work or neglecting
whatsoever "the said Officer" shall appoint another person to act Arbitration in place of
outgoing Arbitrator in accordance with the terms of this agreement and the person so appointed
shall be entitled to proceed with the reference from the stage at which it was left out by his
predecessor. (b) The arbitrator may from time to time with the consent of all the parties enlarge the time for
making and publishing the award.
(c) Subject to the aforesaid provisions, the Arbitration Act 1949 and the Rules made thereunder
and any modification thereof for the time being in force, shall be deemed to apply the
Arbitration proceeding under this clause.
(d) Upon every and any reference as aforesaid the assessment of costs and of incidental expenses in
the proceeding for the award shall be at the discretion of the Arbitrator. General Manager of the said officer shall appoint another person to act as Arbitrator in
accordance with the agreement and the person appointed shall be entitled with reference from
the stage at which it was left out by his predecessor.
Any notice requiring to be served upon the contractor under any provisions here shall be
deemed sufficient, if addressed to their usual or last known address and it shall be the
responsibility of the contractor to keep the office properly informed of any change of his
address.
In witness whereof the parties to its agreement have therein set their respective hands and seals
this day and first above written.
For & on behalf of For & on behalf of
BSNL, GMTD, Valsad
Witness: Witness:
1. 1.
2. 2.