TENDER FOR INSTALLATION OF ATMs
IN BSNL PREMISES
TENDER NO. xxxx DATED xxxx
BHARAT SANCHAR NIGAM LIMITED
XXXX TELECOM CIRCLE
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
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,
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.
INSTRUCTIONS TO BIDDERS
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.
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.
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
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.
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.
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
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
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:
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.
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
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.
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
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.
21. EVALUATION AND COMPARISON OF SUBSTANTIALLY RESPONSIVE
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
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.
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
iv. Price Schedule-Prices are not filled in as prescribed in price schedule.
GENERAL COMMERCIAL CONDITIONS OF CONTRACT
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
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
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
(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
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.
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
11. All services for connectivity of ATM viz. lease lines/broadband/
internet/telephone lines to be procured by the concerned bank exclusively
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.
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
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
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.
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.
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
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
viii. BSNL reserve the right to lease out the premises of same location to different banks.
BSNL xxxx Circle
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
(Amount in Rupees) (Amount in Rupees)
Rs………Per Square Meter
(Rupees ……. only)
Signature of the Authorised Signatory of the Bank with seal of the Bank
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.
SECTION - VI
Tender No.xxxxx Date xxxxx
Bharat Sanchar Nigam Limited
xxxxx Telecom Circle
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 ..............................................
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
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
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.
Signed in Capacity of
Signature of witness
Full address of Branch
Name & Address of witness Tel No. of Branch
Fax No. of Branch
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
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
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 _________
(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
LETTER OF AUTHORISATION FOR ATTENDING BID OPENING
( To reach xxxxxx before date of bid opening )
Bharat Sanchar Nigam Limited,
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
Signatures of bidder
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.
SECTION – X
LIST OF LOCATIONS AVAILABLE IN BSNL PREMISES AT
__________ (PLACE) ______(DISTRICT) OF _____CIRCLE
Sr. No. District Name of the Address
Note : Circle may improve the above format to bring out the details more
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
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