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Bid Document for ATM

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					         BID DOCUMENT

TENDER FOR INSTALLATION OF ATMs
        IN BSNL PREMISES

     TENDER NO. xxxx DATED xxxx




   BHARAT SANCHAR NIGAM LIMITED
           XXXX TELECOM CIRCLE
           O/o xxxxxx
           PH. :
           FAX: xxxxx
TABLE OF CONTENTS
SECTION TITLE                                       PAGE

I       Notice Inviting Tender                       2
II      Instructions to Bidders                      3-10
III     General Conditions of the Contract           11-14
IV      Special Conditions of Contract               15-18
V       Price Schedule                               16
VI      Bid Form                                     17
VII     Bid Security Form                            18
VIII    Performance Security Guarantee Form         19-20
IX      Letter of Authorisation for attending bid    21
X       List of Locations                            22
XI      List of CMS Banks as on 25.11.2010           23




                                       1
                                 SECTION-I
                          NOTICE INVITING TENDER
                       BHARAT SANCHAR NIGAM LIMITED

OFFICE OF ISSUE                     BHARAT SANCHAR NIGAM LTD.
                                    XXXX Telecom Circle
DATE OF ISSUE                       xx-xx-2010
TENDER NO                           xxxxxx
TENDER AVAILABLE FROM                XXXX
DUE DATE OF RECEIPT                 xx-xx-2010 TIME 11.30 HOURS
OPENING DATE OF BID)                xxxxx
VENUE FOR OPENING OF                xxxxxxxxxx,
BIDS

SEALED TENDERS ARE INVITED ON BEHALF OF CGM xxxx Telecom Circle, xxxxxx BSNL, FOR
INSTALLATION OF ATMs IN XXXX TELECOM CIRCLE BSNL, AT SELECT LOCATIONS .

ONLY CMS BANKS (SBI INCLUDED) WHO HAVE SIGNED BANKING AGREEMENT WITH BSNL
AS ON 26.11.2010, ARE ELIGIBLE TO PARTICIPATE. THE BIDS SHALL BE OPENED ON XX-XX-
2010 AT 15.00 HRS.

BID SECURITY IN THE FORM OF BANK GUARANTEE (FROM ANY SCHEDULED BANK OTHER
THAN THE BIDDER BANK) WILL BE RS.XXXXX /- (RUPEES XXXX) (Based on No. of locations and
Reserve Price to be decided by the Circle).

INTENDING BIDDERS MAY OBTAIN COPY OF THE BID DOCUMENTS FROM THE (Official
Designation & Address to be filled by Circle) ON PAYMENT OF RS. (xxxx) (RS xxxx ONLY), NON-
REFUNDABLE, WITH EFFECT FROM xx-xx-2010 UPTO xx-xx -2010 BETWEEN xxxx HRS TO xxxx
HRS ON WORKING DAYS. THE PAYMENT WILL BE ACCEPTED IN THE FORM OF CROSSED
ACCOUNT PAYEE DEMAND DRAFT, DRAWN ON ANY SCHEDULED BANK IN (xxxxx) FAVOUR
OF THE ACCOUNTS OFFICER (CASH), O/O xxxx. FOR ANY CLARIFICATION PLEASE CONTACT
xxxx (PHONE ).

Intending bidders can also download the copy of the tender document from the website
xxxxx The payment of Rs. xxxx/- (Rs. xxxx only) non-refundable as cost of the tender
document is required to be made before or at the time of the submission of bid. The bid
will be considered only if the cost of the tender document has been paid as per detail given
in the above para.




                                             2
                                      SECTION II
                               INSTRUCTIONS TO BIDDERS
 1. INTRODUCTION

BSNL is ubiquitous in xxxx Circle by virtue of owning land and buildings at prime locations
in nearly all the SSAs/Districts at its telephone exchanges, Office premises, towers, training
centers and other locations in the xxxx Circle(List of locations at Section X). This offers an
opportunity for exploring tie-up with the CMS banks in other commercial ventures. Hence
the pursuit to leverage the locational advantage for installation of Bank ATMs in BSNL
premises on lease basis.


     DEFINITIONS

a)     “Agreement” means the terms and conditions agreed between the CMS Bank and
       Bharat Sanchar Nigam Ltd.

b)     “The Bidder” means the CMS Bank which is invited to participate in the tender and
       submits its bid.

c)     “The BSNL” means the CGM Bharat Sanchar Nigam Limited (BSNL), xxxx Circle.

d)     “The Bank” means the CMS Bank of BSNL (SBI included) who has signed new
       tender agreement with BSNL as on 26.11.2010 as listed under Section XI..

e)     “The Circle ” means territorial, and other functional circles of BSNL.

f)     “The IFA” means Internal Financial Advisor of a Circle.

g)     “The SSA” means Secondary Switching Area which is also called Telecom District
       and includes Primary Accounting Units ( PAUs) like Civil, Electrical, Maintencance,
       Project Circles, Circle offices/Divisions etc.



 2. ELIGIBLE BIDDERS

      Only CMS Banks of BSNL (SBI included) who have signed new tender agreement with
      BSNL as on 26.11.2010 as listed under Section XI are eligible to participate.


 3. COST OF BIDDING

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




                                                3
       4. BID DOCUMENTS

       The appraisal requirements, bidding procedures and contract terms and conditions are
       prescribed in the Bid Documents. The Bid documents include the following :

       (a) Notice Inviting Tender                                                Section I
       (b) Instructions to Bidders                                               Section II
       (c) General Commercial Conditions of Contract                             Section III
       (d) Special conditions of Contract                                        Section IV
        (e) Price Schedule                                                       Section V
       (f) Bid Form                                                              Section VI
       (g) Bid Security Form                                                     Section VII
       (h) Performance Security Bond Form                                        Section VIII
       (i) Letter of authorization to attend bid opening                         Section IX
       (j) List of Locations                                                     Section X
       (k) List of CMS Banks                                                     Section XI


       The Bidder is expected to examine all instructions, forms, terms and conditions in the Bid
       Documents. Failure to furnish any information required as per the Bid Documents or
       submission of the bids documents in any respect shall be at the bidder’s risk and may
       result in rejection of the bid.

       5. CLARIFICATION OF BID DOCUMENTS:

       A prospective bidder, requiring any clarification of the Bid Documents shall notify BSNL
       in writing or by Fax No. xxxx or e- mail to xxxx@ bsnl.co.in. BSNL shall respond in
       writing to any request for clarification of the Bid Documents, which it receives upto 3.00
       PM of xx-xx-2010. Copies of the query (without identifying the source) and clarifications
       by BSNL shall be sent to all the prospective bidders who have purchased the bid
       documents and shall also be posted on the website.


       6. AMENDMENT OF BID DOCUMENTS

  i.     At any time, prior to the date of submission of Bids, BSNL may, for any reason,
         whether at its own initiative or in response to a clarification requested by a prospective
         bidder, modify bid documents by amendments.

 ii.     The amendments shall be notified in writing or by FAX or E- mail to all prospective
         bidders at the address intimated at the time of obtaining of the bid document from the
         BSNL and also be posted on the website. These amendments will be binding on all
         prospective bidders.

iii.     Any clarification issued by BSNL in response to query raised by prospective bidders
         shall form an integral part of bid documents and it may amount to an amendment of
         relevant clauses of the bid documents.

iv.      In order to afford prospective bidders a reasonable time to take the amendment into
         account for preparing their bids, BSNL may, at its discretion, extend the time for the
         submission of bids suitably.



                                                     4
7. PREPARATION OF BIDS

DOCUMENTS COMPRISING THE BID

The bid prepared by the bidder shall comprise of three separate covers containing

(i)     Bid Form.
(ii)    Bid Security
(iii)   Performance Bank Guarantee Format
(iv)    Authorisation by Bank for signatory
(v)     Price Schedule as per format prescribed in Section V
(vi)    DD for Rs. xxxx towards cost of tender documents, if the tender document is
        downloaded from internet.

8. BID FORM

The bidder shall complete the Bid Form as per format specified vide Section VI furnished
with the Bid Documents.

9. BID PRICES

The Bank shall give the unit price per square meter per annum for the location applied for,
listed in the Price schedule and the unit prices indicated shall be exclusive of taxes.

10. DOCUMENTS ESTABLISHING CONFORMITY TO BID DOCUMENTS:

10.1 The bidder shall furnish, as part of the bid documents for establishing the bidder’s
eligibility, the following documents and any other relevant documents to meet the terms
and conditions of Bid Documents.


        1.     Power of Attorney authorizing person(s) to sign the bid documents.

        2.     Bid Form duly signed on all pages.

        3.     All other items prescribed to be enclosed alongwith the bid document.


11. BID SECURITY

          i.    The bidder shall furnish, as part of his bid, a bid security in favour of “CGM,
                Bharat Sanchar Nigam Ltd.( BSNL), xxxx Telecom Circle” in the form of
                bank guarantee(from any scheduled Bank, other than itself) for an amount of
                Rs.xxxx/- (Rupees xxxx only) valid for 180 days from the date of tender.

        ii.     The bid security is required to protect BSNL against the risk of bidder’s
                conduct, which would warrant the security’s forfeiture.

        iii.    A Bid not secured shall be rejected by BSNL as non-responsive at the bid
                opening stage and returned to the bidder unopened.




                                               5
          iv.    The bid security of the unsuccessful bidder will be discharged/returned as
                 promptly as possible but not later than 30 days after the expiry of the period
                 of bid validity prescribed by the BSNL.

           v.    The successful bidder’s bid security will be discharged upon the bidder’s
                 acceptance of Letter of Intent satisfactorily in accordance with clause 25 of
                 Section II and furnishing the performance security.

          vi.    The bid security shall be forfeited:

                a)       If a bidder withdraws his bid during the period of bid validity
                         specified by the bidder on the Bid form as per clause 12, OR

                b)       In the case of a successful bidder, if the bidder fails :

                     (b) (i) To sign the contract in accordance with clause 26 Section II or
                     (b) (ii) To furnish performance security in accordance with clause 3
                              Section III

   12. PERIOD OF VALIDITY OF BIDS

   Bid shall remain valid for 150 days after the date of opening of bids prescribed by BSNL.
   A bid valid for a shorter period shall be rejected by the BSNL as non-responsive.

   In exceptional circumstances, the BSNL may request the bidders consent for an extension
   to the period of bid validity. The request and the response thereto shall be made in writing.
   The bid security shall also be suitably extended. The bidder may refuse the request without
   forfeiting his bid security. A bidder accepting the request and granting extension will not
   be permitted to modify his bid.

   13. FORMAT AND SIGNING OF BID

  i.    The bidder shall prepare three complete sets, ( Bid Security and Bid Form, and Price
        Schedule) of original bid and 2 number of copies of the same, clearly marking one as
        ‘Original Bid’ and the remaining 2 as ‘Copy No:1 and Copy No:2. In the event of any
        discrepancy between the copies, the original shall prevail.

ii.     The original and all other copies of Bid shall be typed or printed and all the pages
        numbered consecutively and shall be signed by the bidder or a person or persons duly
        authorized to bind the bidder to the contract. The letter of authorization shall be
        indicated by written power-of-attorney accompanying the bid. All pages of the
        original bid, except for unamended printed literatures, shall be signed by the person
        or persons signing the bid. The bids submitted shall be sealed properly.

iii.    The bid shall contain no interlineations, erasures or overwriting except as necessary
        to correct errors made by the bidder in which case such corrections shall be signed by
        the person or persons signing the bid. All pages of the original bid, except for
        unamended printed literature, shall be signed by the person(s) authorized to sign the
        bid.




                                                  6
   14. SUBMISSION OF BIDS

   SEALING AND MARKING OF BIDS

   i.   The bid form, complete in all respects, as indicated in the tender documents should
        be kept in a cover and submitted under the bank seal of the bidder.

  ii.   The envelopes shall be addressed to the BSNL at the following address:

         O/o xxxxx
         CGM, Bharat Sanchar Nigam Limited .

 iii.   The envelopes shall bear “Tender for installation of ATMs in BSNL Premises”,
        the tender number and the words ‘DO NOT OPEN BEFORE’(due date). The sealed
        covers shall be dropped in the box provided in the O/o xxxx latest by 15.00 Hrs on
        xxxx. The responsibility for ensuring that the tenders are delivered in time would
        vest with the bidder.

 iv.    VENUE OF TENDER OPENING : Bids shall be opened at xxxx on xxxx at xxxx
        Hrs. If due to administrative reason the venue/date of Bid opening is changed it will
        be displayed prominently at the notice board of xxxx of Bharat Sanchar Bhawan,
        New Delhi and on the notice board of Ground Floor.

   15. SUBMISSION OF BIDS

   Bids must be received by the BSNL at the address specified under para xxxx upto xxxx
   hrs. on xxxx..

   BSNL may, at its discretion, extend this deadline for the submission of bids by amending
   the Bid Documents in accordance with clause xxxx in which case all rights and obligations
   of the BSNL and bidders thereafter be subjected to the deadline as extended.

   16. LATE BIDS

   Any bid received by BSNL after the deadline for submission of bids prescribed by the
   BSNL shall be rejected and returned unopened to the bidder.

   17. MODIFICATION AND WITHDRAWAL OF BIDS

  i.    The bidder may modify or withdraw the bid after submission provided that the
        written notice of the modification or withdrawal is received and acknowledged by
        BSNL prior to the deadline prescribed for submission of bids.

ii.     The bidder’s modification or withdrawal notice shall be prepared, sealed, marked and
        dispatched as required in the case of bid submission in accordance with the provision
        of clause 7 to 15 of Section II. A withdrawal notice may also be sent by FAX but
        followed by the signed confirmation copy by post, marked not later than the deadline
        for submission of bids.

iii.    No bid shall be modified subsequent to the deadline for submission of bids.



                                               7
   18. BID OPENING AND EVALUATION

   OPENING OF BIDS BY BSNL

   i.   The BSNL shall open the bids in the presence of bidders or their authorized
        representatives who choose to attend, at xxxx Hrs on due date. The bidder’s
        representatives who are present shall sign an attendance register. Authority letter to
        this effect shall be submitted by the bidder before they are allowed to participate in bid
        opening. ( A FORMAT IS GIVEN IN SECTION IX).

  ii.   A maximum of two representatives for any bidder shall be authorized and permitted to
        attend the bid opening.

 iii.   The Bidder’s names, modifications, bid withdrawals and such other details as the
        BSNL may at its discretion, consider appropriate will be announced at the time of
        opening.


   19. CLARIFICATION OF BIDS

   To assist in the examination, evaluation and comparison of bids, the BSNL may, at its
   discretion ask the bidder for the clarification of its bid. The request for the clarification
   and the response shall be in writing. However, no post bid clarification at the initiative
   of the bidder shall be entertained.

   20. EVALUATION

  i.    BSNL shall evaluate the bids to determine whether they are complete, required sureties
        have been furnished, the documents have been properly signed and the bids are
        generally in order.

ii.     If there is a discrepancy between words and figures, the amount in words shall prevail.
        If the bidder does not accept the correction of the errors, the bid shall be rejected.

iii.    Prior to the detailed evaluation, BSNL shall determine the substantial responsiveness of
        each bid to the Bid Document. For purposes of these clauses, a substantially responsive
        bid is one which confirms to all the terms and conditions of the Bid Documents without
        any deviations. BSNL’s determination of bid’s responsiveness is to be based on the
        contents of the bid itself without recourse to external evidence.

iv.     A bid, determined as substantially non-responsive will be rejected by BSNL and shall
        not, subsequent to the bid opening, be made responsive by the bidder by correction of
        the non-conformity.

 v.     BSNL may waive any minor infirmity or non-conformity or irregularity in a bid which
        doesn’t constitute a deviation, provided such waiver doesn’t prejudice or effect the
        relative ranking of any bidder.




                                                  8
      21. EVALUATION AND COMPARISON OF SUBSTANTIALLY RESPONSIVE
      BIDS

      The evaluation and comparison of bids shall be based on the rentals offered in the Price
      Schedules in Section V.

      22. INFLUENCING BSNL

      No bidder shall try to influence the BSNL on any matter relating to its bid, from the time
      of the bid opening till the time the lease for installation of ATM(s) is awarded. Any effort
      by a bidder to influence the BSNL in the BSNL’s bid evaluation, bid comparison or
      ‘award of lease’ decision shall result in the rejection of the bid.

      23. AWARD OF CONTRACT


      BSNL shall consider award of lease for installation of ATM(s) only to those eligible
      bidders whose offers have been found commercially acceptable and evaluated as most
      suitable by the BSNL.

      24. BSNL’S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL
      BIDS

      BSNL reserves the right to accept or reject any bid, and to annul the bidding process and
      reject all bids, at any time prior to award of lease without assigning any reason whatsoever
      and without thereby incurring any liability to the affected bidder or bidders on the grounds
      of BSNL’s action.

      25. ISSUE OF LETTER OF INTENT (LOI)

  i.      The issue of an LOI shall constitute the intention of the BSNL to enter into an
          agreement with the bidder for leasing the premises for installation of ATMs.

 ii.      Within 7 days of issue of the LOI, the bidder shall give it’s acceptance along with
          performance security in conformity with terms of bid document.

      26. SIGNING OF CONTRACT

 i.       The issue of LOI followed by acceptance by the bidder(s) shall constitute the award of
          lease to the bidder(s). Detailed lease agreement shall be signed within seven days from
          the date of receipt of performance security.

ii.       Upon the successful bidder(s) furnishing of performance security, BSNL shall
          discharge the bid security pursuant to clause 11 of Section II.


      27. ANNULMENT OF AWARD

                 a) Failure of the successful bidder to comply with the requirement of clause
                    26 Section II, shall constitute sufficient ground for the annulment of the
                    award and the forfeiture of the bid security in which event the BSNL may
                    at its discretion award the work to any other bidder or call for fresh bids.


                                                   9
b) While all the conditions specified in the Bid Documents are critical and are
   to be complied special attention of bidder is invited to the following clauses
   of the bid document, noncompliance of any one of which shall result in out
   right rejection of the bid.

  i.   The bids will be returned unopened, if covers are not properly sealed
       with “BANK SEAL” of the bidder.

 ii.   The bids shall be rejected at opening stage if bid security is not
       submitted as per clause 11 Section II, or bid validity is less than the
       period prescribed in clause 12 Section II.

iii.   If the eligibility condition as per clause 2, Section II is not met and/or
       documents prescribed to establish the eligibility as per Clause 10
       Section II are not enclosed, the bids shall be liable to be rejected without
       further evaluation.

iv.    Price Schedule-Prices are not filled in as prescribed in price schedule.




                                  10
                        SECTION III
         GENERAL COMMERCIAL CONDITIONS OF CONTRACT
1. APPLICATION

The general terms and conditions of lease shall apply to lease made by the BSNL for
letting out of the BSNL premises for installation of ATMs.

2. STANDARD CONDITIONS

The installation of ATMs in BSNL premises shall conform to the standards prescribed as
under :

          1. ATMs to have the facility of collection of Landline bills, Mobile bills, selling
             recharge coupons, ITC Cards, etc. at agreed terms. Drop Boxes to be
             provided in the ATM at the Bank’s cost for payment of bills through
             Cheques.

          2. BSNL reserves right to fix reserve price for any/all locations and if the prices
             quoted by bank are below the reserve price, BSNL may reject/cancel any/all
             bid.

          (for information of Circle –
          minimum lease amount (Reserve Amount) excluding local taxes may be
          fixed in the tender as per annual let out value/market value or rent
          prescribed in Rule 535-A of P&T manual Vol.II & FR 45, whichever is
          higher. The license fee will be payable to the respective BSNL Circle/SSA
          IFA collection Account).

          3. Area to be allocated for ATM shall be in the range of 6 - 8 sq. m.

          ( For information of Circle –
          The area is to be described/identified clearly without any ambiguity. In
          addition, a space of around 6-8 sq. m. would be provided for setting up V-
          Sat antennae on rooftop of BSNL buildings for each ATM, for which no
          separate charges shall be levied. The right of way along with the entry and
          exit points and complete access to ATM provider at all times for various
          operational and security purposes to be delineated in the deed itself).

          4. The lease shall be for a period of 15 years distributed over three phases of 5
             years each with a provision for renewal at the end of each 5 year period at
             mutually agreed terms.

          5. The lease shall be subjected to an escalation clause for enhancement of rent
             by 5 % on yearly basis.

          6. Bidder shall provide refundable security deposit of 3 months rent for the
             location.

          7. The lease is subject to the local authority bye laws. The bidder shall comply
             with municipal and other charges. If the Govt/local authority objects to
             opening of ATM in the BSNL premises, then the bank has to vacate the same
             and BSNL shall not be liable to pay any compensation for the same.

                                           11
  8. Electricity and water charges shall be extra.

  (Circle to incorporate –
  Operational issues like space for antenna, LAN connectivity for ATM, air
  conditioners, electrical appliances, structural works, maintenance,
  insurance, repairs etc.to be addressed in the agreement.)

  (Circle to incorporate –
  Security arrangement of the ATM to be the responsibility of concerned
  Bank. BSNL shall not be responsible for any loss of cash, any loss of
  installation, equipment etc).

  9. ATM premises shall not display any publicity material of competing telecom
     companies. Further, BSNL shall reserve the right for utilizing the ATM
     premises for publicity/other purposes.

  10. BSNL reserve the right to cancel the lease at any time by giving notice of 90
      days.

  11. All services for connectivity of ATM viz. lease lines/broadband/
      internet/telephone lines to be procured by the concerned bank exclusively
      from BSNL.

  12. Premises shall be used only for the purpose of installation ATMs.

3. PERFORMANCE SECURITY

 i.   The Bank shall furnish performance security to the BSNL for an amount of
      Rs xxxx within 7 days after the receipt of the LOI alongwith Draft lease
      agreement by the successful bidder. The performance security shall be
      accompanied by two copies of the Agreement signed by the Authorised
      Signatory of the Bank. This shall be followed by signing of the Agreement by
      BSNL, within seven days of the receipt of Performance Security.

ii. The proceeds of the performance security shall be payable to the BSNL as
     compensation for any loss resulting from the Bank’s failure to discharge its
     obligations under the lease agreement.

iii. The performance security shall be in the form of Bank Guarantee issued by
      any scheduled Bank (other than the CMS banks working / selected for BSNL
      banking work) with which the Agreement is to be entered into and in the
      form provided in ‘Section II’ of the Bid Document.

iv. The performance security will be discharged by the BSNL after completion of
     the Bank’s performance obligations, under the contract and shall be extended
     suitably in the event of extension of period of contract.




                                   12
   4. PRICES

   Bank may quote the rentals for the premises for the purpose of installation of ATMs
   as per Price Schedule in Section-V.

   BSNL reserves its right to counter offer the price quoted by the bank for any or all
   locations.

   5. CHANGES IN AGREEMENT

   BSNL may, at any time, by a written order given to the bank, make changes within
   the general scope of the lease agreement as per its requirement.

   6. LIQUIDATED DAMAGES

   Should the Bank fail to perform contractual obligations including payment of annual
   lease rent within the period prescribed, the BSNL shall be entitled to recover penal
   interest at the rate of bank rate (presently 6%) plus 4% for the period of delay.
   Quantum of liquidated damages assessed and levied by the BSNL shall be final and
   not challengeable by the bank.

   7. FORCE MAJEURE

i. 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 3
   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 BSNL as to
   whether the services 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 10 days,
   either party may, at its option, terminate the contract.

ii. Provided, also that if the contract is terminated under this clause, the BSNL shall be
    at liberty to transfer the work and the funds from the bidder to any other Bank to be
    appointed by the BSNL, without any financial implications being imposed by the
    original bidder on BSNL arising out of such transfer.

   8. TERMINATION FOR DEFAULT

   The BSNL may, without prejudice to any other remedy for breach of contract, by
   written notice of default, sent to the bank, terminate this contract in whole or in part,

   a) If the bank fails to meet its contractual obligations within the time period (s)
   specified in the contract, or any extension thereof granted by the BSNL pursuant to
   clause27, Section II; and

                                           13
b) If the bank, in either of the above circumstances, does not remedy it’s failure within
a period of 10 days (or such longer period as the BSNL may authorize in writing) after
receipt of the default notice from the BSNL.

c) In the event the BSNL terminates the contract in whole or in part, the BSNL may
proceed, upon such terms and in such manner as it deems appropriate.


9. TERMINATION FOR INSOLVENCY

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

10. ARBITRATION

In the event of any question, dispute or difference arising under this agreement or in
connection there-with (except as to the matters, the decision to which is specifically
provided under this agreement), the same shall be referred to the sole arbitration of the
CGM, xxxxBSNL, New Delhi or in case his designation is changed or his office is
abolished, then in such cases to the sole arbitration of the officer for the time being
entrusted (whether in addition to his own duties or otherwise) with the functions of the
CGM, xxxx BSNL or by whatever designation such an officer may be
called(hereinafter referred to as the said officer), and if the CGM, xxxxBSNL or the
said officer is unable or unwilling to act as such, then to the sole arbitration of some
other person appointed by the CGM, BSNL or the said officer. The agreement to
appoint an arbitrator will be in accordance with the Arbitration and Conciliation Act
1996. There will be no objection to any such appointment on the ground that the
arbitrator is a BSNL officer or that he has to deal with the matter to which the
agreement relates or that in the course of his duties as a BSNL officer he has expressed
his views on all or any of the matters in dispute. The award of the arbitrator shall be
final and binding on both the parties to the agreement. In the event of such an arbitrator
to whom the matter is originally referred, being transferred or vacating his office or
being unable to act for any reason whatsoever, the CGM, xxx BSNL or the said officer
shall appoint another person to act as an arbitrator in accordance with terms of the
agreement and the person so appointed shall be entitled to proceed from the stage at
which it was left out by his predecessor(s).

      The arbitrator may from time to time with the consent of both the parties enlarge
the time frame for making and publishing the award. Subject to the aforesaid,
Arbitration and Conciliation Act, 1996 and the rules made there under, any
modification thereof for the time being in force shall be deemed to apply to the
arbitration proceeding under this clause.

       The venue of the arbitration proceeding shall be the office of the arbitrator or
such other places as the arbitrator may decide.



                                          14
                                                 SECTION IV

                                SPECIAL CONDITIONS OF CONTRACT

        i. The special conditions of contract shall supplement the ‘Instructions to the Bidders’ as
           contained in Section II & “General (Commercial) Conditions of the Contract” as
           contained in Section III and wherever there is a conflict, the provisions herein shall
           prevail over those mentioned in other sections..

   ii.     If the date fixed for opening of bids is subsequently declared as holiday by the BSNL,
          the revised date will be notified. However, in absence of such notification, the bids will be
          opened on next working day, time and venue remaining unaltered.


   iii. The bank guarantee for bid security, as prescribed in clause 11 of Section II of the bid
        documents for tendered items shall be submitted along with the bids in a separate cover as
        per the format given in Section II on prescribed judicial paper with stamps as prescribed
        by the Controller of Stamps and should contain full address of the issuing branch of the
        bank with its telephone number and FAX number. Photocopy of all the documents as
        mentioned above shall also be submitted in all copies and original bid. This cover should
        be superscribed as “BID SECURITY FOR TENDER NO.xxxx issued on xxxxx. The
        Photocopy of Bank Guarantee is to be attached with every copy of the bid.

  iv.      In case the document of bid security is not submitted in the manner prescribed under
           clause xxxx above, covers containing the bid SHALL NOT BE OPENED AND THE BID
           SHALL BE REJECTED AND RETURNED TO THE BIDDER UNOPENED.

   v.      The BSNL reserves the right to offer “counter offer price(s)” against price(s) quoted by
           any bidder.

 vi.       Any clarification issued by Bharat Sanchar Nigam Ltd. in response to queries raised by
           prospective bidders shall form an integral part of Bid Documents and it may amount to
           amendment of relevant clauses of the Bid Documents.

vii.      Bidder may apply for any location in the circle (out of the locations mentioned in
          Annexure xxxx ) but bid is to be submitted for each of the location separately in the
          prescribed format/procedure.

viii.      BSNL reserve the right to lease out the premises of same location to different banks.




                                                       15
                                        SECTION V

                                    PRICE SCHEDULE

  To
  The CGM
  BSNL xxxx Circle
  Xxxxxxxxx

  Sir,
  With reference to the tender no. xxxxxxx dated xxxxxx, we, xxxxx Bank offer the
  following price to take the premises of BSNL for installation of ATM on lease basis in
  accordance with the terms and conditions mentioned in the above tender.


Sl.      Location        &    Reserve Price --              Annual License Fee per
No.      Address              Annual License Fee per        Square Meter Offered
                              Square Meter
                              (Amount in Rupees)            (Amount in Rupees)
                                                            Rs………Per Square Meter
                                                            Per Annum
                                                            (Rupees ……. only)




                                                                           Yours Faithfully



                     Signature of the Authorised Signatory of the Bank with seal of the Bank



   Note :
  i. Amount to be mentioned clearly in Indian form of international numerals.
 ii. No corrections/alterations are permitted while mentioning the amount.
iii. Amount to be written in both figures and words. If there is any difference between
     figures and words, the words will prevail.




                                              16
                                                  SECTION - VI
                                                   BID FORM

Tender No.xxxxx                                                                          Date xxxxx


The CGM
Bharat Sanchar Nigam Limited
xxxxx Telecom Circle
xxxxxx

Dear Sir,

1. Having examined the conditions of tender and specifications including addenda
Nos...................... the receipt of which is hereby duly acknowledged, we, undersigned,
offer our bid for installation of ATMs in BSNL premises in conformity with the said
conditions of contract.

2. We undertake, if our Bid is accepted, to commence the work immediately as per terms
of the Bid Document for installation of ATMs in BSNL premises.

3. If our Bid is accepted, we will offer the guarantees of another Scheduled Bank for a sum
Rs. xxxx for the due performance of the contract.

4. We agree to abide by this Bid for a period of 180 days from the date fixed for Bid
opening and it shall remain binding upon us and may be accepted at any time before the
expiration of that period.

5. Until a formal Letter of Intent of Contract is prepared and executed, this Bid together
with your written acceptance thereof in your notification of award shall constitute a
binding contract between us.

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

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

Dated this .............................. day of ........................ 2010

Name and Signature ------------

In the capacity of -----------

Duly authorised to sign the bid for and on behalf of ..............................................
witness .........................................
Address
......................................
Signature




                                                           17
                                         SECTION-VII
                                    BID SECURITRY FORM

Whereas .................................. (hereinafter called “the Bidder”) has submitted its bid
dated............for the contract of installation of ATMs in BSNL premises vide Tender No.
xxxxx dated xxxxx KNOW ALL MEN by these presents that WE ....................... OF
.................... having our registered office at .................(hereinafter called “the Bank”) are
bound unto ......................... ( hereinafter called “the BSNL”) in the sum of Rs....................
for which payment will and truly to be made of the said BSNL, the Bank binds itself, its
successors and assigns by these present.

THE CONDITIONS of the obligation are :

1. If the Bidder withdraws his bid during the period of bid validity specified by the Bidder
on the Bid form
                                               or
2. If the Bidder, having been notified of the acceptance of his bid by the BSNL during the
period of bid validity.

(a) fails or refuses to execute the Contract, if required; or
(b) fails or refuses to furnish the Performance Security, in accordance with the instructions
to Bidders.

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

This guarantee will remain in force as specified in the tender document upto and including
THIRTY (30) days after the Period of bid validity and any demand in respect thereof
should reach the Bank not later than the specified date/dates.

Signature of the Bank Authority.
Name
Signed in Capacity of
Signature of witness
Full address of Branch
Name & Address of witness Tel No. of Branch
Fax No. of Branch




                                                   18
                             SECTION-VIII
                 PERFORMANCE SECURITY GUARANTEE BOND

In consideration of the BSNL, xxxx Telecom Circle, ( herein called “the BSNL”) having
agreed to exempt ___________________ (hereinafter called “the said contractor(s)’) from
the demand under the terms and conditions of an agreement No ________________ dated
____________ made between _____________________ and __________________
_______________________ for installation of ATM at BSNL premises 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    the   bank     guarantee    for
_____________________________________we,                 (name       of      the      bank)
_________________________ ( hereinafter refer to as “the bank”) at the request of
___________________________________ (contractor(s)) do hereby undertake to pay to
the BSNL an amount not exceeding ___________________ against any loss or damage
caused to or suffered or would be caused to or suffered by the BSNL by reason of any
breach by the said Contractor(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 demure, merely on a demanded
from the BSNL stating that the amount claimed is due by way of loss or damage caused to
or would be caused to or suffered by the BSNL by reason of breach by the said
contractor(s)’ of any of the terms or conditions contained in the said Agreement or by
reason of the contractors(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 ___________________________________.

3. We under take to pay to the BSNL any money so demanded notwithstanding any
dispute or disputes raised by the 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 banker(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 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 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 TWENTY SEVEN MONTHS (as
specified in LOI) 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 that
the BSNL shall have the fullest liberty without our consent and without affecting in any
manner our obligations there under to vary any of the terms and conditions of the said

                                             19
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
against and said Bank 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 or any indulgence by the BSNL to the said Bank 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 charge in the constitution of the Bank.

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

                                        Date the ___________________ day of _________
                                                       For _________________________
                                                           (indicate the name of the bank)
                                                                 Full Address of the Bank
                                                              Telephone No. of the branch
                                                                         Fax No. of branch
Signature of witness
Full address of Branch
Name & Address of witness
Tel No. of Branch
Fax No. of Branch




                                             20
                             SECTION IX
          LETTER OF AUTHORISATION FOR ATTENDING BID OPENING

                       ( To reach xxxxxx before date of bid opening )

CGM
Bharat Sanchar Nigam Limited,
xxxxx

Subject       :   Authorisation       for     attending   bid  opening                      on
           ______________________________(date)     in  the      Tender                     of
           ____________________________________________________________.

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

Order of Preference        Name                               Specimen Signatures
I.
II.

Alternate
Representative
                                                                        Signatures of bidder
                                                                                          Or
                                                           Officer authorised to sign the bid
                                                          Documents on behalf of the bidder.

Note : 1. Maximum of two representatives will be permitted to attend bid opening. In
cases where it is restricted to one, first preference will be allowed. Alternate representative
will be permitted when regular representatives are not able to attend.

2. Permission for entry to the hall where bids are opened may be refused in case
authorisation as prescribed above is not recovered.




                                              21
                                  SECTION – X

LIST OF LOCATIONS AVAILABLE IN BSNL PREMISES AT
__________ (PLACE) ______(DISTRICT) OF _____CIRCLE

 Sr. No.       District            Name of the          Address
                                   Town/Village         where
                                                        premises
                                                        available




Note : Circle may improve the above format to bring out the details more
clearly.




                                       22
                         SECTION – XI


LIST OF CMS BANKS ELIGIBLE TO PARTICIPATE IN THE TENDER FOR
INSTALLATION OF ATMs IN BSNL PREMISES



       1.   CANARA BANK
       2.   CORPORATION BANK
       3.   IDBI
       4.   INDIAN BANK
       5.   INDUS IND BANK
       6.   ORIENTAL BANK OF COMMERCE
       7.   PUNJAB NATIONAL BANK
       8.   STATE BANK OF INDIA
       9.   UNION BANK OF INDIA




                              23

				
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