Additional Terms & Condition

1. Eligibility Criteria:
The bidder should satisfy the eligibility criteria specified below.

a. The Bidder must be Indian registered Companies under Companies Act 1956/2013 or a LLP or a Firm
registered under applicable Acts.
b. Copy of valid firm/shop establishment Registration Certificate required under the laws of land for
running the House keeping service from the specified address. A copy should be enclosed in proof the
same.
c. The bidder should have its Main office / Business premises/ Branch Office established in BSNL Gujarat
Telecom Circle area. In case Bidder does not have an office in BSNL Gujarat Telecom Circle area at time
of bidding, Bidder is required to submit the following declaration.
“It is to certify that, (Name of the bidder) will open office at BSNL Gujarat Telecom Circle area within 15
days of award of the tender”.
d. The Bidder must not be black-listed for Telecom business by any Central / State Governments
/ PSUs in India at the time of submission of bid. An undertaking must be submitted in this
regard.
e. The bidder should have minimum experience of having successfully completed similar type of contract
(Installation & Maintenance or Upkeep of Telecom Infrastructure & house keeping or similar
nature of services) to Govt. Organization or any public sector (central/state) or private limited firms
during last 7 years as on bid opening date either of the following: -
i. Three similar completed works costing not less than the amount equal to 40% of the 1 year
estimated cost.
Or
ii. Two similar completed works costing not less than the amount equal to 50% of the 1 year
estimated cost.
Or
iii. One similar completed work costing not less than the amount equal to 80% of the 1 year
estimated cost.

f. The bidder should have PAN card and GST Registration. Relevant copy should be enclosed proof of the
same.
g. The bidder should be registered with appropriate authorities under Labour laws, Employees Provident
Fund and Employees State Insurance Acts. Relevant copy(ies) should be enclosed.
h. All the documents should be submitted with the bid should be self-attested.
i. Experience certificate shall be issued by an officer not below the rank of “Divisional Engineer” or
equivalent. In case of private limited firms it must be issued by operational Head of the
department. The bidders shall submit necessary documentary proof showing that they meet the
eligibility criteria along with their tender bid. All documents submitted shall be self attested
by the bidder.
j. The minimum average annual financial turnover of the bidder for the three years out of the last four
years, ending on 31st March of the previous financial year, should be at least 30% of the 1 year
estimated cost. Documentary evidence in the form of certified Audited Balance Sheets of relevant
periods or a certificate from the Chartered Accountant/Cost Accountant indicating the turnover details
for the relevant period shall be uploaded with the bid.
 DOCUMENTS ESTABLISHING BIDDER'S ELIGIBILITY AND QUALIFICAITONS:
The bidder shall furnish, as part of his bid documents establishing the bidders eligibility, the following
documents:
a) Bid Security/EMD in accordance with NIT.
b) Tenderer's profile duly filled in, as per Annexure-V of the tender document
c) Self attested Copy of registration of firms (i.e. Shop/Gumasta Registration , GST Registration or
EPF registration or PWD registration or Registration in any Govt. body is valid for registration of
firm.)
d) Self attested Copy of PAN Card / PAN Number. (In case of Partnership/Pvt. Ltd firm PAN No of
firm is required, in case of Proprietorship firm PAN No of proprietor is to be enclosed).
e) Self attested Copy of GST Registration No.
f) Self attested Copy of EPF/ESI Registration (if not available, declaration should be given that it will
be submitted at the time of start of contract/agreement failure of which EMD will be forfeited).
g) The turnover of the Company/Contractor copy of Annual account statement as required in
eligibility criteria to be certified by a charted Accountant / Auditor.
h) Self-declaration regarding no near relative is employed in BSNL.
i) Self-decl. that the bidder/firm has not been barred from taking part in tender any where in BSNL.
j) Valid labour license for any of ongoing work and if not available at the time of bid submission or
there are no ongoing works then enclose a declaration letter mentioning that labour license will
be obtained on award of contract within stipulated time.
k) Article or Memorandum of Association or partnership deed or proof of sole proprietorship vis.
Shop & Estt. Act License, as the case may be.
l) Valid MSE/UDYAM Certificate, if applicable.

2. Period of contract: - One(01) year from the date of contract start which can further be
extended up to one more year under same rates, terms & conditions in step of 6 months on mutual
consent considering the performance.

3. Evaluation and Award of Work:

3.1 Schedule wise L-1 evaluation will be done on the basis of the Lumpsum price quoted by the
bidder. The Lump sum price quoted by the bidder should be as per calculation in Example
Excel sheet provided for help with the GeM bid.

The work will be awarded to the L-1 as per evaluation on the basis of L-1 rate. The successful
bidder(s) will have to complete all formalities like payment of security deposit; submission of
agreement papers on non judicial stamp of Rs 300/- or appropriate value as applicable by laws duly
signed within 15 days from the date of issue of Contract. If successful bidder fails to take up the
work within stipulated time period he will be suspended /debarred/banned for the period of TWO
year.

Note: After awarding of the contract, BSNL reserves the right to add/delete sites where the services are
required. It also reserves the right to increase/decrease the number of shifts where the services are required.
In case of any changes the rates quoted in financial bid will be used to determine the payments made to the
contractor, post changes in sites, shifts etc.
4. PAYMENT TERMS:

Payment will be processed by BSNL on submission of invoices by the successful

bidder after satisfactory completion of the work duly certified by the field units.
Normally on completion of every calendar month the successful bidders shall submit
digitally signed GST Invoice along with following
digitally signed documents to the Claim Office O/o CGMT Gujarat Telecom Circle 7th
Floor “B” Wing through email on “[email protected]” within 15 days of month
end and/or rendering of the services duly completed for further processing within
60 days from date of invoice. On submission of the bill to the Claim Office along
with complete documents required in this bid, payment will be made as per
availability of funds within 45 days from the date of invoice.

4.1 The contractor shall submit monthly bill along with the following
documents:

1. Monthly Bill should be containing details of vendor’s GST Registration Number,

PAN, ESIC AND EPF Registration number (if applicable) and Advance Stamp
Receipt.
2. Attendance Sheet (to be certified by SDCA in charge and countersigned by DE
concerned) as applicable
3. Wage Register matching with ESI and EPF returns for work period as applicable
4. EPF compliance for work period with self attested copy of EPF, ECR/EPF
challan/EPF payment receipt.
5. Copies of ESI return/ESI challan/ESI payment receipt
6. In case of non-applicability of labour licence, proof for non-applicability and self
declaration shall be given.
7. Invoice must be issued as per the GST Law. Invoice must be submitted each
month in a timely manner with all the supporting documents.
8. Self attested copy of Labour License with First Bill (if applicable).
9. ESIC Compliance with self attested copy (if applicable).
10. Undertaking by vendor that “GST paid by BSNL is remitted up to last bill /
month has been remitted by us (vendor) vide Challan No. dated to GST
Department”

4.2 Mode of payment:

No advance payment will be made. The payment is governed by the normal
department practice through NEFT/RTGS only. No Interest/Penalty is payable for
any delay in payment from BSNL Side.

Note:-1) If the service provider fails to furnish necessary supporting documents i.e. GST
invoice/ Customs invoices etc. and also fails to upload the information on GSTN in
respect of the Duties/taxes for which input tax credit is available, the amount
pertaining to such Duties/Taxes will be deducted from the payment due to
the supplier.
 2) TDS/ TCS shall be deducted at the prescribed rate, if any (as the case may be).
3) BSNL can adjust/ forfeit Bank Guarantee obtained from the supplier against any
loss of input tax credit to BSNL on account of service provider's default.
Note: Above payment tems will be applicable instead of clause 6 & 8 of GeM STC

5. PENALTY: Following penalty will be applicable instead of GeM STC

THE PENALTIES SHOULD BE IMPOSED ON THE FOLLOWING BASIS.

Condition :No services/Unsatisfactory service provided at a particular location

SL Service Deficiency Penalty to be Imposed

1 Each occasions no 1% (one percent) of the total bill amount x no. Of
services/unsatisfactory service such occasions. Subject to Impose maximum
provided in the month penalty of 10% of bill amount and payment of the
work done on pro rata basis

Deductions
Sr. Nature of Default Deductions
No. 1st instance 2nd instance 3rd
instance
1 If employee is found Cancellation of the
disclosing any contract with
confidential cancellation charges @
information/document to 10% of the order value
the Service Provider/any along with recovery of
third parties losses caused (if any)
and legal action against
the Service Provider
depending on the gravity
of the act
2 If the employee is found Immediate payment in Immediate payment in Cancellation
responsible for any theft, actuals equivalent to the actuals equivalent to the of the
loss of material/ articles value of the article theft/ value of the article theft/ contract with
and damages lost/damaged lost/ damaged. cancellation
Replacement of Replacement of charges
employee within 2days employee within 2days/ @10% of the
cancellation of contract order value
as decided by the Buyer
depending on the gravity
of the act.
3 If the employee is found Warning/counselling of Warning/counselling/Im Cancellation
responsible for employee as decided by mediate replacement of of the
disobedience/misconduct the Buyer depending on employee within 2days contract with
the gravity of the act as decided by the Buyer cancellation
and Warning to Service charges
Provider depending on @10% of the
the gravity of the act order value
4 If the employee is found Immediate replacement Cancellation of the
responsible for adopting within2 days/cancellation contract with cancellation
illegal and foul methods of the contract with charges@ 10% of the
or exercising any corrupt cancellation charges @ order value
practice in collusion with 10%, as decided by the
any third party or Buyer depending on the
officials at the workplace gravity of the act.
Deductions for a specific month / period shall be capped at 10% of bill generated for that month / period.
If any SLA is breached beyond 3 instances in any billing period, then same shall be treated as a breach of
Contract and the Buyer will have full rights to terminate the contract after giving a notice of 30 days.

Penalty equal to the amount of GST will be deducted in addition to above.

• The controlling officer shall maintain a logbook for the location wherein he enters the
deficiencies observed or those reported by the users in that particular location.
• The logbook shall be used to derive at the no service/unsatisfactory service occasions. Log book
to be maintain on daily basis.
• BA head shall issue notices to the contractor based on the inputs received from the fieldunits.
In case the maximum penalty is being imposed continuously for a period of three months and based on
the field reports it is assessed that the contractor is not fulfilling its contractual obligations properly, the
process of termination of the tender / agreement shall initiated resulting in forfeiture of security deposit.
The losses suffered by BSNL shall be recovered from the pending bills and BSNL shall be at liberty to
carry out the pending works at the risk and cost of the contractor. BSNL shall also take steps to blacklist
the contractor for all works through the organization and the recommendation of the BA Head shall
be final in this regard.
The contractor shall maintain feedback register so to ensure continuous improvement of services based
on feedbacks received from the users.

6. LIQUIDATED DAMAGES AND PENALTY CLAUSE:

6.1 The works comprised in this tender are to be executed immediately as and when assigned
by the Section officers at that instance itself. Since the communication service is brought
under Essential Services Maintenance, the same has to be complied. BSNL reserves the
right to impose penalty, modify the requirement or terminate the tender as a part or as a
whole depending upon its requirements.
6.2 If the services are not provided by the contractor, proportionate deduction will be made on
pro rata basis for the Sections where service was not rendered.
6.3 In case of any assigned work are not completed and complied immediately, BSNL reserves
the right to have it executed through other means available. In such cases, BSNL shall
recover the incurred expenditure from the contractor in the monthly invoices over and
above the penalty and deductions calculated
6.4 The contractor will be entirely responsible for any or all damages caused to BSNL in the
premises and out of the premises during the course of works and will make good the
damages at his own expense. In the event of his refusing to do so, the cost of damages
shall be recovered from the Contractor by BSNL from any amount due or that may
become due to the contractor.
6.5 Quantum of Liquidated Damages assessed by the BSNL shall be final and non-
challengeable by the contractor. Decision of BA head is final.
6.6 The contract is purely on Work Contract system and BSNL has no binding on the workers
deployed by the contractor for executing the Tendered work. Any statutory claims and
issues arising out of the workmen of Contractor due to any accident/deaths of his
 labourers or any other loss to third party caused by the contractor’s negligence is purely
the responsibility of the contractor. The compensation payable in all such cases should be
borne by the Contractor.

7. FORCE MAJEURE:
a. If, at any time, during the continuance of this contract, the performance in whole or
in part by either party of any obligation under this contract is prevented or delayed
by reasons of any war or hostility, acts of the public enemy, civil commotion,
sabotage, fires, floods, explosions, epidemics, quarantine restrictions, strikes,
lockouts or act of God (hereinafter referred to as events) provided notice of
happenings of any such eventuality is given by either party to the other within 21
days from the date of occurrence thereof, neither party shall by reason of such event
be entitled to terminate this contract nor shall either party have any claim for
damages against other in respect of such non-performance or delay in performance,
and deliveries under the contract shall be resumed as soon as practicable after such
an event come to an end or cease to exist, and the decision of the Purchaser as to
whether the deliveries have been so resumed or not shall be final and conclusive.
Further that if the performance in whole or part of any obligation under this contract
is prevented or delayed by reasons of any such event for a period exceeding 60 days,
either party may, at its option, terminate the contract.
b. Provided, also that if the contract is terminated under this clause, the Purchaser shall be
at liberty to take over from the service provider at a price to be fixed by the purchaser,
which shall be final, all unused, undamaged and acceptable materials, bought out
components and stores in course of manufacture which may be in possession of the
Service provider at the time of such termination or such portion thereof as the purchaser
may deem fit, except such materials, bought out components and stores as the service
provider may with the concurrence of the purchaser elect to retain.

8. TERMINATION of CONTRACT

a. The Purchaser may, without prejudice to any other remedy for breach of contract, by
written notice of default, sent to the service provider, terminate this contract in whole
or in part

(a) if the service provider fails to deliver any or all of the services within the time
period(s) specified in the contract, or any extension thereof granted by the purchaser
(b) if the service provider fails to perform any other obligation(s) under the Contract; and
(c) If the service provider, in either of the above circumstances, does not remedy its
failure within a period of 15 days (or such longer period as the purchaser may
authorize in writing) after receipt of the default notice from the purchaser.
(d) BSNL reserves the right to terminate the tender in part for select items of work or
as a whole at any point at its discretion.

b. In the event the purchaser terminates the contract in whole or in part pursuant to Para 7.1the
purchaser may procure, upon such terms and in such manner as it deems appropriate,
services from other vendor and the service provider shall be liable to the Purchaser for any
excess cost for such similar services. However the service provider shall continue the
performance of the contract to the extent not terminated.
 c. Optional Termination by BSNL (Other than due default of the Company / Firm /Agency)

i. The BSNL may, at any time, at its option cancel and terminate this contract by written
notice of one month to the Company / Firm / Agency, in which event the Company /
Firm / Agency shall be entitled to payment for the work done upto the time of such
cancellation.

ii. In the event of the termination of the contract, the Company / Firm / Agency shall
forthwith clear the site of all the contractor's materials and handover possession of the
work concerned to the BSNL or as the BSNL may direct.

iii. The BSNL may, at its option, cancel or omit the execution of one or more items of work
under this contract and may part of such items without any compensation whatsoever to
the Company / Firm / Agency.

9 BID SECURITY / EMD:

9.1 The bidder shall furnish the bid EMD in one of the following ways.

a. Demand Draft/ Banker’s cheque drawn in favour of A.O.(Cash), O/o CGMT, BSNL,
Ahmedabad, payable at Ahmedabad shall also be acceptable, but no interest shall be payable.
Fixed Deposit Receipt (FDR) for the specified period, issued by any Nationalized / Scheduled
Bank in the name of “AO (Cash), O/o CGMT,BSNL, Ahmedabad “ payable at “Ahmedabad”.
May also be submitted. The FDR should also be duly endorsed by the bidder in the favour of
BSNL. Also the FDR should be in Auto-renewal mode with unlimited or perpetual renewals.

b. Bank Guarantee from a scheduled bank drawn in favour of AO (Cash), O/o CGMT,BSNL,
Ahmadabad payable at Ahmedabad in the prescribed format. The same should be valid for 45
days beyond the bid validity.

c. Any other way as mentioned in GEM bid

9.2 The MSE (Micro and Small Enterprise) bidders are exempted from payment of Bid
Security/ EMD on production of requisite proof in respect of valid certification from
MSME. The latest valid MSE Udyam Registration Certificate should be comply with
the Gazette of India Notification dated 01.06.2020 regarding criteria for
classification of micro, small and medium enterprises.

9.3 Offline Submissions:

In case of offline payment of Bid Security / EMD, BG/FDR/Original DD is required to be
submitted within prescribed time duration in a sealed envelope to AGM(MM) o/o
CGMT,BSNL, Telephone Bhawan, 8th floor, A-Wing, C.G Road, Ahmedabad-380006.

The envelope shall bear the GeM Bid number, name of work.
10 CONTACT DETAILS:
BSNL Contact-1
Contact Person Shri Vijay kumar Bansal, AGM (Legal)
Telephone 079-26481729
[Between 10:30 hrs to 17:00 hrs on working days]
E-mail ID [email protected]
BSNL Contact-2
Contact Person Sh. S J Pamnani, AGM (MM)
Telephone (079) 26480681 [between 10:30 hrs. to 17:00 hrs. onworking
days]
E-mail ID [email protected]

11 NEAR-RELATIONSHIP CERTIFICATE:
The Bidder should give a Certificate that none of his/ her near relative, as defined below,
is working in the BSNL units*.
In case of bidder being proprietorship firm, this certificate will be given by the proprietor. For
partnership firm, the certificate will be given by all the partners.
In case of bidder being Company/Limited company the certificate will be given by all the
Directors of the company, but excluding following:
a) Government of India/ Financial institution nominees and independent non-Official part time
Directors, appointed by Govt. of India or the Governor of the state and
b) Full time Directors of PSUs, both Central and State
Due to any breach of these conditions or incorrect declarations by the bidder [Company or firm
or any other person], the tender /bid submitted will be cancelled and Bid Security will be
forfeited at any stage, whenever it is noticed and BSNL will not pay any damage to the
company or firm or the concerned person.
The Company or Firm or the person will also be debarred for further participation in the
concerned unit.

*Unit, shall be taken as following:

(a) In case of any near relative of the bidder being non-executive employees, the “BSNL unit”
is defined as “Business Area (BA)”.
(b) In case of any near relative of the bidder being executive (up to AGM/STS level), the
“BSNL unit” is defined as “BSNL Circle”.
(c) In case of any near relative of the bidder being higher executive (DGM/JAG or higher),
“BSNL unit” is defined as “BSNL as a whole”.

The near relatives for this purpose are defined as:-

i. Members of a Hindu undivided family.

ii. They are Husband and Wife.
iii. 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).

The format of the certificate is given in Annexure-II.

12 PERFORMANCE SECURITY
i 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.
ii The performance security Bond shall be in the form of Bank Guarantee issued
by a scheduled Bank and in the Performa provided in Annexure-IV of this ATC.

In case of additional order or enhancement of contract value, the performance security Bond
of additional or increased amount is to be provided by contractor.

iii 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.

13. ARBITRATION
I. ARBITRATION (Applicable in case of supply orders/Contracts with firms, other than Public
Sector Enterprise) (Not applicable in cases valuing less than Rs. 5 lakhs) .

13.1 Except as otherwise provided elsewhere in the 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 thereof which parties unable to settle mutually, the same shall be referred to
Arbitration as provided hereunder:

i. A party wishing to commence arbitration proceeding shall revoke Arbitration Clause by giving 60
days’ notice to the designated officer of the other party. The notice invoking arbitration shall
specify all the points of disputes with details of the amount claimed to be 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.

ii. The number of the arbitrators and the appointing authority will be as under:

Claim amount Number of Appointing Authority

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

iii. Neither party shall appoint its serving employee as arbitrator.

13.2 If any of the Arbitrators so 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 de novo.

13.3 Parties agree that neither party shall be entitled for any pre-reference or pendente-lite interest
on its claims. Parties agree that any claim for such interest made by any party shall be void.
13.4 Unless otherwise decided by the parties, Fast Track procedure as prescribed in Section 29 B of
the Arbitration Conciliation Act, 1996 for resolution of all disputes shall be followed, where the
claim amount is upto Rs. 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 of dispute 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):-
(a) The arbitral tribunal shall 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 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 or if the arbitral 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-
sections (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.]

13.5 The arbitral tribunal shall make and publish the award within time stipulated as under:

Amount of Claims and Counter Period for making and publishing of the
Claims award (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
 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.

13.6 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.

13.7 The Arbitration proceeding shall be held at Circle or SSA Headquarter (as the case may be).

13.8 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. ARBITRATION (Applicable in case of supply orders/Contracts 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.)

13.9 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 setting aside or revision of
the award to the Law Secretary, Department of Legal Affairs, 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.

13.10 APPLICABLE LAW AND JURSDICTION

(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.
 14. The Indemnification

For any liability whatsoever for payment of wages/salaries other benefits and allowances to his
personnel that might become applicable under any Act or Order of the Government in this
regard and the Service Provider shall indemnify BSNL against any/all claims which may arise
under the provisions of various Acts, Government Orders etc. and any breach of such laws or
regulations shall be deemed to be breach of this contract."

15. ACTION BY PURCHASER AGAINST BIDDER(S)/ VENDOR(S) IN CASE OF

DEFAULT.
In case of default by Bidder(s)/ Vendor(s) such as
(a) Failure to perform any obligation(s) under the Contract
(b) Or any other default whose complete list is enclosed in Appendix-1
Purchaser will take action as specified in Appendix-1.

Appendix-1

S. No. Defaults of the bidder / vendor. Action to be taken

A B C
1(a) Submitting fake / forged i) Rejection of tender bid of respective
a) Bank Instruments with the bid to Vendor.
meet terms & condition of tender in ii) Banning of business for 3 years which
respect of tender fee and/ or EMD; implies barring further dealing with the
b) Certificate for claiming exemption vendor for procurement of Goods & Services
in respect of tender fee and/ or including participation in future tenders
EMD; invited by BSNL for 3 years from date of
and detection of default at any stage issue of banning order.
from receipt of bids till award of iii) Termination/ Short Closure of PO/WO, if
APO/ issue of PO/WO. issued. This implies non-acceptance of
further 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
1(b) Submitting fake / forged documents
towards meeting eligibility criteria
such as experience capability,
supply proof, registration with Sales
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 i) Rejection of Bid &

award of APO ii) Forfeiture of EMD.
iii) Banning of Business for upto three years
which implies Barring further dealing with the
vendor for procurement of Goods & Services
including participation in future tenders
invited by BSNL for upto three years from
the date of issue of banning order.
(ii) If detection of default after issue i) Cancellation of APO,
of APO but before receipt of PG/ SD ii) Rejection of Bid &
(DD, BG etc.) iii) Forfeiture of EMD.
v) Banning of Business for upto three years
which implies Barring further dealing with the
vendor for procurement of Goods & Services
including participation in future tenders invited
by BSNL for upto three years from the date of
issue of banning order.
(iii) If detection of default after i) Cancellation of APO
receipt of PG/ SD (DD, BG etc.) . ii) Rejection of Bid &
iii) Forfeiture of PG/ SD.
However on realization of PG/ SD amount,
EMD, if not already released shall be returned.
iv) Banning of Business for upto three years
which implies Barring further dealing with the
vendor for procurement of Goods & Services
including participation in future tenders invited
by BSNL for upto three years from the date of
issue of banning order.
(iv) If detection of default after issue i) Termination/ Short Closure of PO/WO and
of PO/ WO Cancellation of APO
ii) Rejection of Bid &
iii) Forfeiture of PG/ SD.
However on realization of PG/ SD amount,
EMD, if not released shall be returned. iv)
Banning of Business for upto three years
which implies Barring further dealing with the
vendor for procurement of Goods & Services
including participation in future tenders invited
by BSNL for upto three years from the date of
issue of banning order.
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.
2 If vendor or his/her representative Banning of business for 3 years which implies
uses violent/ coercive means viz. Barring further dealing with the vendor for
Physical / Verbal means to threatens procurement of Goods & Services including
BSNL Executive / employees and/ participation in future tenders invited by BSNL
or obstruct him from functioning in for 3 years from date of issue of banning
discharge of his/her duties& order.
responsibilities for the following :
a) Obstructing functioning of tender
opening executives of BSNL in
receipt/ opening of tender 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.
3 Non-receipt of acceptance of APO/ Forfeiture of EMD.
AWO and SD/ PG by L-1 bidder
within time period specified in APO/
AWO.
4.1 Failure to supply and/ or i) Termination of PO/ WO.
Commission the equipment and /or ii) Under take purchase/ work at the risk &
execution of the work at all even in cost of defaulting vendor.
extended delivery schedules, if iii) Recover the excess charges if incurred
granted against PO/ WO. from the PG/ SD and outstanding bills of the
defaulting Vendor.
4.2 Failure to supply and/ or i) Short Closure of PO/ WO to the quantity
Commission the equipment and /or already received by and/ or commissioned in
execution of the Work in full even in BSNL and/ or in pipeline provided the same is
extended delivery schedules, if usable and/or the Vendor promises to make it
granted against PO/ WO. usable.
ii) Under take purchase/ work for balance
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.
5.1 The supplied equipment does not i) If the material is not at all acceptable, then
perform satisfactory in the field in return the non-acceptable material (or its part)
accordance with the specifications & recover its cost, if paid, from the o/s bills/
mentioned in the PO/ WO/Contract. PG/ SD.
OR
ii) If the material 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.
5.2 Major quality problems (as i) If the material is not at all acceptable, then
established by a joint team / return the non-acceptable material (or its part)
committee of User unit(s) and QA & recover its cost, if paid, from the o/s bills/
Circle) / performance problems and PG/ SD;
non-rectification of defects (based OR
on reports of field units and QA ii) If the material is inducted in network & it is
circle). 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;
and
iii) Withdrawal of TSEC/ IA issued by QA
Circle.
6 Submission of claims to BSNL i) Recovery of over payment from the
against a contract outstanding dues of Vendor including EMD/
(a) for amount already paid by BSNL PG & SD etc. and by invoking ‘Set off’ clause
. 21 of Section 5-(Part-A) or by any other legal
(b) for Quantity in excess of that tenable manner.
supplied by Vendor to BSNL. ii) Banning of Business for 3 years from date
c) for unit rate and/ or amount higher of issue of banning order or till the date of
than that approved by BSNL for that recovery of over payment in full, whichever is
purchase. 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.
7 Network Security/ Safety/ Privacy:- i) Termination of PO/ WO.
If the vendor tampers with the ii) Banning of business for 3 years which
 hardware, software/ firmware or in implies barring further dealing with the vendor
any other way that for procurement of Goods & Services including
a) Adversely affects the normal participation in future tenders invited by BSNL
working of BSNL equipment(s) and/ for 3 years from date of issue of banning
or any other TSP through BSNL. order.
b) Disrupts/ Sabotages functioning iii) Recovery of any loss incurred on this
of the BSNL network equipment’s account from the Vendor from its PG/ SD/ O/s
such as exchanges, BTS, BSC/ bills etc.
MSC, Control equipment including iv) Legal action will be initiated by BSNL
IN etc., transmission equipment’s against the Vendor if required.
but not limited to these elements
and/ or any other TSP through
BSNL.
c) Tampers with the billing related
data/ invoicing/ account of the
Customer/ User(s) of BSNL and/ or
any other TSP(s).
d) hacks the account of BSNL
Customer for unauthorized use i.e.
to threaten others/ spread improper
news etc.
e) Undertakes any action that
affects/ endangers the security of
India.
8 If the vendor is declared bankrupt or i) Termination/ Short Closure of the PO/ WO.
insolvent or its financial position has ii) Settle bills for the quantity received in
become unsound and in case of a correct quantity and quality if pending items do
limited company, if it is wound up or not affect working or use of supplied items.
it is liquidated. 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
degradation of performance, then settle bills
for the acceptable equipment/ material (or its
part).
v) In case of turnkey projects, if the material
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.
vi) Undertake recovery of financial penalty
from outstanding dues of vendor including PG/
SD
9 In the event of the vendor, its i) Termination/Short Closure of the PO/ WO.
proprietor, Director(s), partner(s) is /
ii) Settle bills for the material received in
are convicted by a Court of Law correct quantity and quality if pending items do
following prosecution for offences not affect working or use of supplied items.
involving moral turpitude in relation iii) No further supplies are to be accepted
to the business dealings. 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
degradation of performance, then settle bills
for the acceptable equipment/ material (or its
part).
v) In case of turnkey projects, If the material
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.
vi) Undertake recovery of financial penalty
from outstanding dues of vendor including PG/
SD.
10 If the vendor does not return/ i) Take action to appoint Arbitrator to
refuses to return BSNL’s dues: adjudicate the dispute.
a) inspite of order of Arbitrator. 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
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,
whichever is later.
iii) Take legal recourse i.e. filing recovery suite
in appropriate court.
b) inspite of Court Orders 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
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,
whichever is later.
11 If the Central Bureau of Take Action as per the directions of CBI or
Investigation/ Independent External concerned department.
Monitor (IEM) / Income Tax/ Sales
Tax/ Excise / Custom Departments
 recommends such a course.

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

Note: In case supplier gets blacklisted during tenure of BSNL contract then no loss of
input tax credit is born by BSNL due to a default of supplier.
Sample Logbook for upkeep & housekeeping and watch & ward in variousdepartmental buildings & offices in
Junagadh BA to be maintained for each location/office

NAME OF LOCATION:

No service occasionsif Observation Name and signature of site in

Sl. Date (Satisfaction charge
any Level)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19

So on
 Other Special Terms & Conditions of Contracts

1.1. Sweeping of rooms, verandas, lobbies and other uncovered space of the Building /site, Cleaning of Toilets &
Wash basins, dusting of furniture & glass windows.
1.2. Cleaning of the ceilings & Walls etc., by using Vacuum cleaner or/and conventional method at least once in a
month depending on actual requirements of cleaning. The frequency of cleaning may be even fortnightly.
1.3. Disposal of waste materials and unused food items. Cleaning of garden in the premises of building, lifting of
garbage/litters and watering of garden.
1.4. The sweeping of floorings should be done only after cleaning the rooms & Floors Properly by using
appropriate quality of phenyl as well as mixed with mild deodorants.
1.5. Similarly the toilets and wash basins also have to be cleaned by using chemicals of approvedquality.
1.6. All the chemicals, cleaning & other house hold materials will have to arrange by the Contractor himself.
All the required material should be got approved by the building incharge before putting them in service.
No materials will be supplied by the Department.
1.7. Tenderers are requested to carefully go through the schedule of requirement as given under the said clause
before bidding their offer for the Contract.
1.8. All the waste material during sweeping and cleaning of building and compound shall be removed and
dumped at the nearest dumping yard or to a place decided by building in- charge.
1.9. Any items, which is not included above but is small in nature, shall be cleaned properlywithout any extra
payment. The work of housekeeping & cleaning is a complete job for the building. The decision of the officer
in charge shall be final in this regard.
1.10. The blockage of toilet and sewage line shall be attended by contractor, whenever necessary and drainage
lines inside the building compound shall be cleaned at least once a month to allow proper flow of drain
water. However, repair of basic infrastructure is notcovered under the contract.
1.11. BA head reserves the right to change the frequency and timing work for all the areas/any area depending upon
the administrative needs. It also reserved the right to add or delete any activity along with their frequency and
timings without any extra payment. This office reserves the right to call for the services, if required, even on
Sundays/Holidays also.
1.12. The Contractors are required to submit the complete Rates / Quotations only after satisfying each and every
condition laid down. No deviation in the terms and conditions shall be entertained unless specifically mentioned
by the contractor in the rates / quotations and accepted by the Office of CGMT, Ahmedabad.
1.13. The contractor shall arrange to carry out works, keeping following points in mind.
i. The area should become dust free, clean and spotless giving a good look.
ii. No bad odors should emanate from any part of the area.
iii. The process should not spoil the natural shine and look of the furniture and the materials.
iv. The furniture etc. should be re-arranged in the same order as before cleaning.
v. The activities of contractor should not cause any disturbance to the office activities.
vi. The garbage should be neatly picked up and properly disposed in the dustbin constructed at proper places on
daily basis. Use of any part of any building as stores for garbage store shall make him liable for cancellation of
tender by notice.
vii. All the roads and sidewalks in the campus should be totally hygienic and clean. Non-concrete and non-tarmac
surface open space / open plot to be cleaned by cutting grass, trees, herbs and shrubs.
 Annexure-I

UNDERTAKING & DECLARATION On Firm/Company Letter Head)

For understanding the terms & condition of bid & Specifications
a) Certified that:
1. I/ We ……………………………………. have read, understood and agree
with all the terms and conditions, specifications included in the bid documents
& offer to execute the work at the rates quoted by us in the bid form.

2. If I/ We fail to enter into the agreement & commence the work in time, the
EMD/ SD deposited by us will stand forfeited to the BSNL.

b) The tenderer hereby covenants and declares that:

1. All the information, Documents, Photo copies of the Documents/ Certificates
enclosed along with the bid offer are correct.

2. If anything is found false and/or incorrect and/or reveals any suppression of

fact at any time, BSNL reserves the right to debar our bid offer/ cancel the
LOA/ Purchase/ work order if issued and forfeit the EMD/ SD/ Bill amount
pending with BSNL. In addition, BSNL may debar the contractor from
participation in its future tenders.
c) Certificate regarding firm/OEM has not black listed by any Central/State
Government units /BSNL/ BBNL/MTNL / Public Sector Unit / Public Bodies /
GST Authority
I,………………………………………………….……S/o………………………………………
r/o…………………………………………………..……hereby certify that we or our firm
……………………………………………………………………… has not been BLACK
LISTED by any Central/State Government units /BSNL/ BBNL/MTNL /
Public Sector Unit / Public Bodies / GST Authority. In case at any stage, it is
found that the information given by me is false/incorrect, BSNL shall have the
absolute right to take any action as deemed fit/without any prior intimation to me.

d) Clause by Clause Compliance

It is to certify that the bid document is carefully read & understood and all the sections
and clauses are complied unconditionally & unequivocally. There is no deviation
from the terms & conditions of the tender.
e) Bidder’s Financial standing / Net worth
I/We, ...............................................(name of the bidder / firm) hereby certify that
we are not under liquidation, court receivership or similar proceedings, and are not
bankrupt. Our Net worth is positive as per the last audited financial statements.

Date: …………… ……………………………

Signature of Tenderer
Place:…………… Name of Tenderer……………………………….
Along with date & Seal

21
 Annexure-II
NEAR-RELATIONSHIP CERTIFICATE
(Format of the Certificate to be given by the bidder, all the Partners / Directors in respect of
status of employment of his/ her near relation in BSNL)
I
(1st Prop/ Partner/ Director) ……………………..s/o….……………….…….r/o….…………
(2nd Partner/ Director)………………….. s/o….……………….…….r/o….………..……..
(3rd Partner/ Director) …………………….. s/o….……………….…….r/o….………..……..
(4th Partner/ Director) …………………….. s/o….……………….…….r/o….………..……..
*hereby certify that none of my relative(s)as defined in the bid document is/are employed in any
BSNL unit as defined in the clause in the bid document, on Near relationship
OR

*Following are the details of near relatives working with the BSNL.

Name of the Name of the Unit (Office & section of

S. No. Designation
Relative BSNL) where working

* Strike off whichever is not applicable

In case at any stage, it is found that the information given by me is false/ incorrect, BSNL shall
have the absolute right to take any action as deemed fit/without any prior intimation to me.

Signature With date and seal

(Prop/ 1st Partner/ Director) ____________________

Signature With date and seal

(2nd Partner/ Director) ____________________

Signature With date and seal

(3rd Partner/ Director) ____________________

Signature With date and seal

(4th Partner/ Director) ____________________

22
 Annexure-III
PROFORMAS

For the BIDSECURITY/ EMD Guarantee

(To be typed on Rs.300/- non-judicial stamp paper)

Sub: Bid Security/EMD guarantee.

Whereas M/s
R/o ……………… ………… ……………………………………… (Hereafter referred to as Bidder)
has approached us for giving Bank Guarantee of Rs. ……………………/- (hereafter
known as the “B. G. Amount”) valid up to …../……/ 20….. (hereafter known as the “Validity
date”) in favour of AGM(MP) O/o CGMT, Gujarat Circle , BSNL, Telephone Bhawan, 8th Floor A-
wing, Navrangpura, C.G.Road, Ahmedabad-38006 (Hereafter referred to as BSNL) for participation
in the tender work of …………………………………………….. vide tender
no. ………………………………….
Now at the request of the Bidder, We ……………………………………… Bank
…………………………Branchhaving ……………………………………………….
.………………………………… (Address) and Regd. office address at ………
………...………………………………………………………………………
……… ……… …………… (Hereinafter called ‘the Bank”) agrees to give this
guarantee as hereinafter contained:
2. We 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 statingthat 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 bidder(s) of any of terms or conditions contained in the said Agreement or by
reason of the bidder (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 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 the “B. G. Amount”.

3. We undertake to pay to the BSNL any money so demanded notwithstanding any dispute or
disputes raised by the bidder(s) in any suit or proceeding 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
bidder(s) shall have no claim against us for making such payment.

4. We 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 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

23
bidder(s) and accordingly discharge this guarantee. Unless a demand or claim under this
guarantee is made on us in writing or before the expiry of Validity date from the date hereof, we
shall be discharged from all liability under this guarantee thereafter.

5. We the Bank further agree with the BSNL that the BSNL shall have the fullest liberty without
our consent and 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 bidder(s)
from time to time or to postpone for any time or from time to time any of the powers exercisable
by the BSNL against the said bidder(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 Bidder(s) or for any forbearance, act or omission
on the part of the BSNL or any indulgence by the BSNL to the said bidder(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. Notwithstanding anything herein contained ;

(a) The liability of the Bank under this guarantee is restricted to the “B. G. Amount”
and it will remain in force up to its Validity date specified above.
(b) The guarantee shall stand completely discharged and all rights of the BSNL
under this Guarantee shall be extinguished if no claim or demand is made on us in
writing on or before its validity date.

7. In case BSNL demands for any money under this bank guarantee, the same shall be paid
through banker’s Cheque in favour of “AO (Cash) O/o CGMT,BSNL,Ahmedabad” payable at
Ahmedabad.
8. The Bank guarantees that the below mentioned officer who have signed it on behalf of the
Bank have authority to give this guarantee under its delegated power.

Place: ……………………………

Date: ………………………….. (Signature of the Bank Officer)

Rubber stamp of the bank
Authorized Power of Attorney Number: ……………….
Name of the Bank officer: ……………………………..
Designation: ……………………………………
Complete Postal address of Bank: ……………………
Telephone Numbers …………………………….. Fax numbers

24
 Annexure-IV
For the Performance Guarantee
(To be typed on Rs.300/- non-judicial stamp paper)
Dated:……………..
Sub: Performance guarantee.
Whereas CHIEF GENERAL MANAGER TELECOMUNICATION,GUJARAT CIRCLE
AHMEDABAD (hereinafter called ‘BSNL’) R/o …………………………..…………
…………………..(hereafter referred to as BSNL) has issued an APO no. …………..………. Dated
……/……/20….. awarding the work of …………… …… … to M/s ……………………
R/o ………………………………………………………………… (hereafter referred to as “Bidder”)
and BSNL has asked him to submit a performance guarantee in favour of CHIEF GENERAL
MANAGER TELECOMUNICATION,GUJARAT CIRCLE AHMEDABAD of Rs. …………..……/-
(hereafter referred to as “P.G. Amount”) valid up to ……/……/20………(hereafter referred to as
“Validity Date”)
Now at the request of the Bidder, We ……………………Bank ……………Branch having
.……………………………… ……. (Address) and Regd. office address as ………
……………………… (Hereinafter called ‘the Bank”) agreed to give this guarantee as hereinafter
contained:
2. We, “the Bank” do hereby undertake and assure to the BSNL that if in the opinion of the BSNL,
the Bidder has in any way failed to observe or perform the terms and conditions of the said
agreement or has committed any breach of its obligations there-under, the Bank shall on demand
and without any objection or demur pay to the BSNL the said sum limited to P.G. Amount or such
lesser amount as BSNL may demand without requiring BSNL to have recourse to any legal
remedy that may be available to it to compel the Bank to pay the same.
3. Any such demand from the BSNL shall be conclusive as regards the liability of Bidder to pay to
BSNL or as regards the amount payable by the Bank under this guarantee. The Bank shall not be
entitled to withhold payment on the ground that the Bidder had disputed its liability to pay or has
disputed the quantum of the amount or that any arbitration proceeding or legal proceeding is
pending between Bidder and BSNL regarding the claim.
4. We, the Bank further agree that the guarantee shall come into force from the date of its issue
and shall remain in full force and effect up to its Validity date.
5. The Bank further agrees that the BSNL shall have the fullest liberty without the consent of the
Bank and without affecting in any way the obligations hereunder to vary any of the terms and
conditions of the said agreement or to extend the time for performance of the said agreement
from any of the powers exercisable by BSNL against the Bidder and to forebear to enforce any of
the terms and conditions relating to the said agreement and the Bank shall not be relieved from its
liability by reason of such failure or extension being granted to Bidder or through any forbearance,
act or omission on the part of BSNL or any indulgence by BSNL to Bidder or any other matter or
thing whatsoever which under the law relating to sureties would but for this provision have the
effect of relieving or discharging the guarantor.
6. Notwithstanding anything herein contained;
(a) The liability of the Bank under this guarantee is restricted to the P.G. Amount and it will remain
in force up to its Validity date.

25
(b) The guarantee shall stand completely discharged and all rights of the BSNL under this
Guarantee shall be extinguished if no claim or demand is made on us in writing on or before its
validity date.
7. In case BSNL demands for any money under this bank guarantee, the same shall be paid
through banker’s Cheque in favour of “ AO (Cash) O/o CGMT,Gujarat Telecom Circle ,
Ahmedabad. Payable at Ahmadabad.
8. The Bank guarantees that the below mentioned officer who have signed it on behalf of the
Bank have authority to give this guarantee under its delegated power.
Place: ……………………………
Date: ………………………….. (Signature of the Bank Officer)
Rubber stamp of the bank
Authorized Power of Attorney Number: ……………….
Name of the Bank officer: …………………………….. Designation:
……………………………………
Complete Postal address of Bank: …………………… Telephone Numbers
……………………………..

Signature of Bidder

26
 Annexure-V
Bidder’s profile & Questionnaire.
Tenderer / Bidder’s Profile & Questionnaire
(To be filled in and submitted by the bidder)
A) Tenderer’s Profile
1. Name of the Individual/ Firm :………………………………………………………..…………………….
2. Present Correspondence Address: ......................…………...............................................................
……………………………………………………………………………………………..Telephone No …………………………………………
Mobile No ………………………………………………………… FAX No …………………………………………………………………
Email ID ………………………………………………………………
3. Registered Office: ……………………………………........................…………...........................................................
……………………………………………………………………………………………..Telephone No …………………………………………
Mobile No ……………………………………………………………… FAX No ……………………………………………………………
Email ID ………………………………………………………………….
4. State the Type of Firm: Proprietorship/ Partnership firm/ Pvt. Ltd Co (Tick the appropriate one)

5. Name of the sole proprietor/ partners/ Director(s) of Pvt. Ltd Co:

S No Name Father’s Name Designation

1.
2.
3.
5.
6. Name of the person authorized to enter into and execute contract/ agreement and the capacity in which
he is authorized (in case of partnership/ private Ltd Company):
………………………………………………………………………………………………………………………………………………………………………

7 A. Permanent Account No(PAN No). ……………………..…..……………….

7 B. GST Registration No(s)…………………………………………….………….

8. Details of the Bidder’s Bank for effecting e-payments

(a) Beneficiary Bank Name. ……………………………………………………..
(b) Beneficiary branch Name …………………………………………………….
(c) IFSC code of beneficiary Branch ……………………………………………
(d) Beneficiary Account No. ………………………………………………………….
(e) Branch Serial No. (MICR No.) ……………………………………………………….
9. Whether the firm has Office/ works (i.e. manufacture of the tendered item) in Delhi? If so state its
Address…………………………………………………………………………………………………………………………………………………
……………………………………………………………………………………………………………….……………………………………………..
B) Questionnaire

1. Do you think any other detail/ material is required to complete the work specified in the specification?
Yes/ No.

1.1 If Yes, Give details

……………………………………………………………………………………………………………………………………………………………………
……………………………………………………………………………………………………………………………………………………………………
2. Do you think any other item of work need be included in tender form to complete the work specified in
the specification? Yes/ No.

2.1 If Yes, Give details

…………………………………………………………………………………………………..………………………………………………………………
……………………………………………………………………………………………………………………………………………………………………
3. Suggestion for improvement of the tender document.
……………………………………………………………………………………………………………………………………………………………………
……………………………………………………………………………………………………………………………………………………………………

Place………………….

Signature of the tenderer

Date and seal

Date :
Annexure-VI
 ANNEXURE-VII

Certificate for Participation in Schedule

(To be submitted by bidder on company’s letter head)
I/We, hereby, express my willingness to participate in the bid for following Schedules of
Junagadh BA for allotment of work offered in the tender

Quoted for
Sr No Schedule Item Description Schedule
(Yes/No)

1 SCHEDULE-1 The work associated with Upkeep & Housekeeping

The work associated with inspection quarters/Holiday

2 SCHEDULE-2 homes

The work associated with Watch & ward,

3 SCHEDULE-3 Housekeeping

Note:
(i) If bidder has quoted “YES” against Schedule (s) as per above table, then Bidder has to
submit online price bid for those Schedules (s) only.
(ii) If bidder has quoted “NO” against Schedule (s) as per above table, then no need to
submit online price bid for those Schedule (s) by bidder.

Date: …………… Signature of Tenderer……………

Place: …………… Name of Tenderer …………………….

Along with date & Seal
 CHECK LIST FOR THE BIDDERS
The bidder should have submit the below documents online on GeM portal:-

Yes / NO /
Sl.
Document Not
No.
applicable
Major documents(Mandatory)
1 Bid Security/EMD /Valid Udyam Registration
Certificate (MSME)
2 Technical Qualification as per Eligibility criteria
Clause 1.e.
3 Financial Qualification as per Eligibility criteria Clause
1.j.
Additional documents
Sl. Document
No.
1 Certificate of Incorporation/ Registration of firms etc. as
applicable
2 Proof of Main office / Required Declaration on company
letterhead as per clause 1.c.
3 Proprietorship or Partnership Deed or
Articles/Memorandum of Association as the case may be.
4 Valid Goods and Services Tax Registration Certificate(s)
5 Valid PAN Card
6 EPF Registration (if applicable)
7 ESI Registration (if applicable)
8 Valid labour license for any of ongoing work or a
declaration letter mentioning that labour license will be
obtained on award of contract within stipulated time.
9 Undertaking and Declaration as per Annexure-I.
10 Near Relationship Certificate as per Annexure-II.
11 Tenderer's profile duly filled as per Annexure-V
12 Indemnity Undertaking (Annexure-VI)
13 Certificate for Participation in Schedule (Annexure-VII)
14 Any other supporting documents asked for in bid
document.

Note:
(i) If above required Major documents are not uploaded/submitted on GeM Portal, these
shall result in outright rejection of the bid.
(ii) All the documents specified above are critical and are to be uploaded on GeM Portal,
special attention of bidder is invited to the Major documents listed above.