NOTICEINVITING TENDER TENDER NO. TCIL/052/770-771/011/12 ...

Telecommunications Consultants India Limited

NOTICE INVITING TENDER

TENDER NO. TCIL/052/770-771/011/12-NT/1/3

O c t o b e r – 2013

TELECOMMUNICATIONS CONSULTANTS INDIA LIMITED (A GOVT. OF INDIA ENTERPRISE) TCIL BHAWAN, GREATER KAILASH –I , NEW DELHI -110048 TEL. +91-11-26202428 FAX: +91-11-26242266 (India) Website: www.tcil-india.com E mail [email protected]


NO. TCIL/052/770-771/011/12-NT/1/3

INDEX Section

Description

1.

NOTICE INVITING TENDER

2.

INSTRUCTIONS TO BIDDERS

3.

CONDITIONS OF THE CONTRACT

4.

TECHNICAL SPECIFICATIONS

5.

BILL OF QUANTITIES (BOQ) AND SCHEDULE OF RATES RATES PROFORMA FOR BIDDER QUOTATION

6.

OFFER LETTER

7.

BID BOND (EMD) FORMAT

8. 9. 10.

FORM FOR PERFORMANCE BANK GUARANTEE FORM OF AGREEMENT Integrity Pact


NO. TCIL/052/770-771/011/12-NT/1/3

SECTION-1

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NOTICE INVITING TENDER Sealed tenders are invited from experienced Agencies / Contractors for the specified work of Erection, Testing & Commissioning of OPGW Cable (24 Fibres) (New Line 34 Kms and Live Line 23 Kms) as per Specifications and BOQ. S. No Tender TCIL/052/770-771/011/12- SECTION –I 1 No. NT/1/3

Area

Remarks Quantities mentioned are the approximate lengths. Payment shall be made on OPGW 24 F = 23 Kms Live Line the basis of length of (from 400/220 kV Ghanapur to 220 kV OPGW cable between Hyatnagar in Hyderabad Metropolitan spans. Construction work by Area) APTRANSCO on some New Line Spans are in OPGW 24 F = 34 Kms New Line progress and hence work has (LILO of 132kV Ghanapur-Imlibun to be undertaken as and line to 132kV Moosarambagh in when these sections are Hyderabad Metropolitan Area) handed over to TCIL by OFAC (Max 1.5 Kms) APTRANSCO

Bidders are required to furnish an Earnest Money Deposit (EMD) a mounting to a s u n d e r : For Rs 25,000 (Rupees Twenty Five Thousand O n l y ) by demand draft in favor of "Telecommunications Consultants India Ltd., payable at New Delhi, India or Bank Guarantee of equivalent amount in the format acceptable to TCIL from a scheduled bank f r o m i t s b r a n c h a t Delhi/ N e w Delhi, India valid for 6 months from the date of opening of the tender i.e. 22.11.2013 EMD shall be submitted along with the tender in a separate envelope. Tender received without EMD or inadequate EMD will be summarily rejected. Eligibility Criteria The applications will be evaluated with respect to the following Eligibility Criteria: 1. Bidder should have past experience of having successfully completed "Similar Works" during last 7 years ending on 31.10.2013. Work should be either of the following:

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(a) One similar work successfully completed and costing INR 18,50,000 for OPGW Or (b) Two similar works successfully completed and costing INR 11,50,000 each for OPGW Or (c) Three similar works successfully completed and costing INR 9,00,000 each for OPGW. "Similar Works" refers to the successful erection of OPGW, with minimum (i)

57 Kms experience of OPGW erection

2. Bidder should have average Annual Turnover during last 3 years ending 31.03.13 of INR 12,00,000 cumulative. Applicants are required to submit documentary evidence as per details given below:Eligibility Document Required to be submitted Average Annual Audited Annual Report for the Year 2010-11, 2011-12 and 2012-13 Turnover during last 3 years ending 31.03.13 Past experience of having completed "Similar Works”

Work Order and Completion Certificate.

Scope of Work Turnkey Erection, Testing & Commissioning of OPGW Cable (24 Fiber) for APTRANSCO (Transmission Corporation of Andhra Pradesh Limited) which includes splicing, termination on FODP, laying of OFAC, security/storage/transportation/maintenance etc of the stores issued for erection work from APTRANSCO stores/TCIL, Warranty support, Acceptance Testing, issue of Final Acceptance Testing Certificate, WCC and other related insurance for the workmen and stores etc. BID VALIDITY; 5

months from 22.11.2013

Integrity Pact To be submitted in the format enclosed in duplicate 3|Page


The tender shall be submitted t o ; The Group General Manager (Tx/NT) Room 404, TCIL Bhawan, Greater Kailash- I, New Delhi 110048 on or before 22.11.2013 at 15.00. hrs. The Technical bid shall b e opened at 15:30 hours on the d a t e o f submission in the presence of bidders or their a u t h o r i z e d representatives present at the time of tender opening. TCIL reserves the right to accept or reject any or all the tenders without assigning any reason.

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SECTION II INSTRUCTIONS TO BIDDERS 2.1

INTRODUCTION a. The "Company" means Telecommunications Consultants India Ltd. (TCIL). b. Company's representative means a n y officer of the Company appointed time to time by the company to perform the duties, as shall be notified in writing to the bidder by the company. c. "Bidder" means the individual or firm who participates in this tender and submits its bid. “Contractor” means the individual or firm to whom work order has been issued. e. “Client” means Transmission Corporation of Andhra Pradesh Ltd. (APTRANSCO). f. The "Work" means a l l the work, which t h e bidder is required to carry out for the Company under the scope of this contract. g. "Letter of Intent” means the letter communicating the intention of the Company to the bidder to award of work. h. "Work Order” means the order placed to the c o n t r a c t o r . i. The "Contract Price" means amount payable to the contractor under the scope of Work Order for fulfilling its contractual obligations.

2.2

BID DOCUMENTS Bid Document includes: Section 1 Section 2 Section 3 Section 4 Section 5 Section 6. Section 7 Section 8 Section 9 Section 1 0

2.3

Notice Inviting Tender Instructions to Bidders Conditions of the Contract Technical Specifications Bill of Quantities & Schedule of Rates Performa for Bidder Quotation Offer letter Bid Bond (EMD) Format Form for Performance Bank Guarantee Form of Agreement Integrity Pact

SUBMISSION OF BIDS Sealed bid shall be submitted on or before 2 2 n d N o v e m b e r , 2 0 1 3 at 15.00. hrs. in the office of 5|Page


The Group General Manager (Tx/NT), Room 404, TCIL Bhawan, Greater Kailash- I, New Delhi 110048 +91-11-26202404 The bid shall contain the following documents. i.

Techno Commercial Bid including EMD/Bid Bond (Envelope 1) Technical Commercial Bid including a Clause-by-Clause compliance to all Terms & Conditions of the t e n d e r specified in bid d o c u m e n t ( E n v e l o p e – 1 )

ii.

Sealed Price Bid (Envelope 2)

The envelopes should be super scribed “Tender No. NO. TCIL/052/770-771/011/12-NT/1/2 for O P G W E r e c t i o n Works of the APTRANSCO Projects in the Regions between Podili and Paruchuru in Andhra Pradesh and also "Do not open before 2 2 n d N o v e m b e r , 2 0 1 3 at 15.00". All queries with reference to this tender shall be referred to:The Manager (NT) 428, TCIL Bhawan, Greater Kailash- I, New Delhi 110048 Tel: +91-11- 26202428 Fax: +91-11-26242266 [email protected] The bids submitted after due date & time are liable to be rejected. 2.4

AMENDMENT TO BID DOCUMENTS 2.4.1 Any time, prior to the date of submission of bids, the Company may for any reason, whether at its own initiative or in response to clarification requested by a prospective bidder, modify the bid documents by amendments. 2.4.2 The amendments will be put up on the TCIL website www.tcil-india.com in the Tenders section and these amendments will be binding on them.

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2.5

BID SECURITY /EMD The bidder shall submit the bid security as prescribed in NIT (Section-1) of following amount: For Rs 25,000(Rupees Twenty Five Thousand O n l y ) The bid security shall be in one of the following forms acceptable to TCIL from a scheduled bank from its branch at Delhi/ New Delhi,India a) b)

Bank Guarantee as per enclosed format i n favour of Telecommunications Consultants India Limited, New Delhi v a l i d f o r 6 m o n t h s f r o m 2 2 . 1 1 . 2 0 1 3 Demand draft from a scheduled bank in favour of M/s Telecommunications Consultants of India Limited, payable at New Delhi

No interest is payable on EMD. . 2.5.1 FORMAT OF SIGNING OF THE BID The bidder shall prepare two copies of the bid clearly marking as one copy as “Original Copy” and other as “Copy” . a) In the event of any discrepancy between them, original shall prevail. b) The original copy of the bid shall be typed and shall be signed by the bidder or a person duly authorized by the bidder. 2.5.2 SUBMISSION OF BID Sealed offer shall be submitted in two separate envelops. Envelop 1 super scribed as part –I (Techno- Commercial offer) and envelope 2 superscribed as part –II (Price offer) Price Bid as per the format given. The price bid should contain only the price proposal. There should be no mention of prices in the techno commercial offer. The bid not secured in accordance with the above, shall be considered as non-responsive and rejected by the TCIL. i. ii.

The bid security of unsuccessful bidder will be discharged/ returned as promptly as possible within 30 days of finalization of the tender. The successful bidder’s bid security will be discharged on submission of the Performance Bank Guarantee specified in Letter of Intent (LOI)

The bid security may be forfeited under the following circumstances:7|Page


a)

b) 2.7

If bidder withdraws his bid during the period of bid validity specified in the bid document. Or, otherwise In case of successful bidder, fails to submit the Performance Bank Guarantee within the time prescribed in the Letter of Intent (LOI).

VALIDITY PERIOD OF BID Bid shall remain valid for 5 months from 22.11.2013, the date of the bid opening. The bid having validity for a shorter period shall be treated as non responsive. In exceptional cases, Company may request the bidder for extension of the bid validity.

2.8

2.9

SIGNING OF THE BID 1.

Each page of the bid document shall be signed by the bidder or a person duly authorized by him. The letter of authorization in the form of power of attorney shall be attached to the bid

2.

The bid shall not have any overwriting. In case of mistake, the matter is to be re-written a fresh after cutting the earlier one and it should be signed by the bidder.

OPENING OF BIDS VENUE OF BID OPENING: Room 404, TCIL Bhawan, G.K. I New Delhi - 110048 Tel: +91-11-26202404, Fax: +91-11-26242266

2.10

CLARIFICATION OF BIDS 2.10.1 To assist evaluation and comparison of the bids, the Company may at its discretion ask the bidder for clarification of its bid. The clarification and response from bidder shall be in writing.

2.11

EVALUATION OF BIDS The Company shall evaluate the bids in respect to the substantive responsiveness of the bid or otherwise. The Company shall carry out detailed evaluation of the substantially responsive bids. The Company shall check the bids to determine whether they are complete, whether any computational errors have been made or required sureties have been furnished. 8|Page


2.12

COMPANY'S RIGHT TO VARY QUANTITIES 2.12.1 The company reserves the right any time to increase / decrease the quantity of the work mentioned in the work order issued to the bidder depending upon the work requirement without any change in unit price of the ordered quantity.

2.13

COMPANY'S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS. The Company does not bind itself to accept lowest or any other tender/ bid and has the right to cancel the bidding process and reject all bids at any time prior to award of the contract without assigning any reason whatsoever and without thereby incurring any liability for the Company's action.

2.14

NOTIFICATION OF SUCCESSFUL BIDDER 2.14.1 Prior to the expiry of the validity of b i d period, the Company shall issue LOI to the successful bidder and the bidder/ contractor is required to confirm in writing that the offer has been accepted. 2.14.2 On furnishing of performance guarantee by above referred bidder, the Company will discharge its bid bond.

2.15

COMPANY’S RIGHT TO GET THE WORK C O M P L E T E D The company reserves the right to distribute the work at the lowest (L-1) rate to more than one contractor after observing unsatisfactory performance of the contractor. TCIL reserves the rights to award the work to willing participants of this tender at L -1 rate.

2.16

ISSUE OF WORK ORDER The Company reserves the rights to issue the work order of whole the tendered quantities in one lot or in many.

2.17

CANCELLATION OF WORK Failure of the successful bidder to comply with the requirement of submission of Performance Bank Guarantee in time shall constitute sufficient ground for the cancellation of work and forfeiture of the bid bond, in such case company may offer the work to any other bidder /contractor or agency.

2.18

STANDARDS The work done under the contract shall conform to the standard mentioned in the Technical 9|Page


Specifications of the bid document. 2.19

FIXED PRICE Price shall remain fixed throughout the contract or extended period of the contract.

2.20

PERFORMANCE GUARANTEE 2.20.1 Within 1 0 days o f the b i d d e r ’s receipt o f Letter o f intent, bidder shall f u r n i s h Performance Bank Guarantee for the amount of 10% of the contract value valid upto the end of the warranty period 2.20.2 The Performance Bond shall be in the form of Bank Guarantee issued by a s c h e d u l e d bank and in the format provided in the bid document or in the form of Bank Draft drawn in favour of TCIL, New Delhi, which will not carry any interest. 2.20.3 The Performance Bond will be discharged by the Company after completion of the contractor’s obligations including warranty period obligations under the contract.

2.21

SUB - LETTING Sub-letting of the work is not allowed.

2.23

Black List The Bidder should not have been black listed by any Govt. Dept. / PSU or banned from doing business with them. (Please submit self certification to the effect that the Applicant is not blacklisted) All further information / amendment / corrigendum to Tender NO. TCIL/052/770-771/011/12NT/1 shall be notified on TCIL website www.tcil-india.com in the Tenders Section and the same will be binding on part of the applicant. It is therefore advised that applicant must visit TCIL website regularly for the updates.

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TCIL/052/770-771/011/12-NT/1/3 SECTION-3 CONDITIONS OF THE C O N T R A C T 3.1

GENERAL OBLIGATIONS 3.1.1. The contractor shall, subject to the provisions of the contract, and with due care and diligence, execute the works and provide all labour, including the supervision thereof, materials and all other things, whether of a temporary or permanent nature, required in and for such execution, so far as the necessity for providing the same is specified in or is reasonably to be inferred from the contract. 3.1.2 The contractor shall take full responsibility for the adequate stability and safety of all site operations and methods of construction. 3.1.3 The contractor hereby agrees to execute the work according to the conditions of contract and agreement. As per Tender

S. No Tender TCIL/052/770-771/011/12- SECTION –I 1 No. NT/1/3

Area

Remarks Quantities mentioned are the approximate lengths. Payment shall be made on OPGW 24 F = 23 Kms Live Line the basis of length of (from 400/220 kV Ghanapur to 220 kV OPGW/ADSS cable Hyatnagar in Hyderabad Metropolitan between spans. Construction Area) work by APTRANSCO on some New Line Spans are in OPGW 24 F = 34 Kms New Line progress and hence work has (LILO of 132kV Ghanapur-Imlibun to be undertaken as and line to 132kV Moosarambagh in when these spans are handed Hyderabad Metropolitan Area) over to TCIL by OFAC (Max 1.5 Kms) APTRANSCO

3.1.4 In case of damage to property e.g. Stores, Telephone/Elect Cables and Water/Sewer lines etc, the same shall be recovered from the contractor’s bills and responsibility of claims from the insurance, if any shall be that of the contractor. 3.1.5 During the progress of the work the contractor shall keep the site reasonably free from all unnecessary obstructions and shall dispose the surplus materials to clear the site from any wreckage and rubbish. 11 | P a g e


3.1.7 On the completion of the works the contractor shall clear and remove from the site all constructional plant, surplus materials, rubbish and temporary works of every kind, and leave the whole of the site and works clean and in a workmen like condition to the satisfaction of the Company. 3.2

Insurance 3.2.1 The Company shall not be liable in respect of any damages or compensation payable by law in respect or in consequence of any accident or injury to any machine, workman or other person in the employment of the contractor or any third person. The c o n t r a c t o r shall indemnify and keep indemnified the Company against all such damages and compensation, save and except as aforesaid. 3.2.2 The contractor shall, and maintain throughout the period of his contract, public liability and property damages liability insurance with the coverage. 3.2.3 The contractor has to take comprehensive General liability Insurance /WCC against all claims arising from injuries, disabilities, disease or death of members of public, workers or damage to property of others. 3..2.4 The contractor shall take suitable storage-cum-erection insurance cover at his cost to extent of 90 % cost of line materials, which are required to complete the work. The cost of materials may be taken from the Company.

3.3

Commencement Time and Delays The contractor shall ready to commence the works on site within a maximum of 5 days period after the receipt of work order from the Company and shall proceed with the same with due expedition and without delay, except as may be expressly sanctioned or ordered by the Company, or be wholly beyond the contractor’s control, such Situation is to be duly informed to the Company in writing and company has the final power to decide upon.

3.4

Liquidated damages If the contractor fails to achieve completion of the works as below;

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Area

OPGW 24 F = 23 Kms Live Line (from 400/220 kV Ghanapur to 220 kV Hyatnagar in Hyderabad Metropolitan Area) OPGW 24 F = 34 Kms New Line (LILO of 132kV Ghanapur-Imlibun line to 132kV Moosarambagh in Hyderabad Metropolitan Area) OFAC (Max 1.5 Kms)

Completion Time SECTION –I Within 1 month of directions to start work by TCIL on this route

then the contractor shall pay to the Company the sum equivalent to 0 . 5 % of contract price of the awarded part of work as in table above, as liquidated damages for such default, for every week or part of the week which shall elapse between the time prescribed hereof and date of certified completion of the works as per the Scope of Work (excluding the issue of Final Acceptance Certificate). The Company may, without prejudice to any other method of recovery, deduct the amount of such damages from any moneys in its hand, due or which may become due to the contractor. The payment or deduction of such damages shall not relieve the contractor from his obligation to complete the works, or from any other of his obligations and liabilities under the contract. The maximum liquidated damages for delay shall not exceed 5% of the contract price. In case the contractor fails to perform against the work order, the work shall be got done from any other agency at the risk and cost of the contractor and excess money will be recovered from any dues of the contractor.

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3.5

Payment Terms;


(i) Within 15 days of receipt of payment by TCIL from APTRANSCO (Back to back). The terms are as per the APTRANSCO specifications for this package and are enclosed for reference. 3.6

Cess, Taxation & Duties Contractor’s prices shall be inclusive of all cess, taxes and duties as applicable. No amount greater than the quoted rate will be paid.

3.7

Force Majeure Contractor shall be exempted from the responsibility for any non-performance arising from a case of force majeure or Act of God, hereinafter called force majeure (a) war and (b) earthquake. If such circumstances should arise, the contractor shall inform the Company within 72 hours in writing of the existence of the fact before suspending work without penalty on either side from the period of such suspension not exceeding 3 months. Likewise, i t must p r o c e e d to inform t h e end of such fact. As soon as the facts constituting a force majeure cease in their effects, the contractor shall restart or continue the fulfillment of its obligations agreed upon. Should suspension of work as explained above exceed three months, the contract shall be violable at the option of either party without penalty on either side.

3.8

ARBITRATION Any dispute arising d u r i n g the execution of this Contract shall be decided by the Chairman and Managin g Director, TCIL or any person appointed by him and his decision shall be final & binding on the contractor.

3.9 3.10

All relevant portions of the APTRANSCO specification are applicable to the bidder. Handling of Under Ground Services Utmost care should be taken to protect all services at work site. Contractor shall be responsible if the services are damaged. If any claim is levied by the concerned Authority/ Department or Individual, the same shall be recovered from the Contractor’s bills.

3.11

Issue of Materials a)

The Contractor will be responsible to check the quantity and quality of material at the time of issue and will be responsible for the materials including its quality from the time of issue onwards. He will take delivery of the required quantity.

b)

All material to be used during the execution of the work shall be supplied by the company until it is specifically asked to the Contractor to use its own material or specified in schedule. However, machinery, tools, trucks and transport of material from warehouse, to the sites and manpower etc required for the execution of the 14 | P a g e


work is contractor’s responsibility. b)

Contractor is required to submit the material account on completion of each work order otherwise the cost of the material issued & not utilized shall be recovered from his bills.

3.12 HANDLING AND TRANSPORT TCIL/ APTRANSCO shall issue the material to the contractor from their store. The material should be transported and handled by the contractor at his own cost in the proper manner so that the quality and functionality of the material are not affected. 3.13

LOCAL APPROVAL, PERMISSION ETC. The construction work i n v o l v e s permission from various Municipal and Public authorities, State/Central Govt/ Railways and APTRANSCO. The Contractor will strictly adhere to the programme stipulated by the permission giving authorities and complete the w o r k s within the p e r m i s s i b l e time. Failure to complete work within the p e r m i s s i b l e period will b e considered as a breach of the contract and the Contractor will be liable for various damages. The c o m p l e t e responsibility including payments to obtain such permission shall be of the Contractor in consultation with TCIL/APTRANSCO. TCIL/APTRANSCO shall assist the contractor in obtaining such permission/ approval.

3.14

DISCREPANCY In case of any discrepancy between the nomenclature of the item, drawing, technical specifications, plant unit definition etc., the decision of the Company will be final & binding.

3.15

LABOUR LICENCE The contractor shall be registered in Labour D e p a r t m e n t / or any other d e p a r t m e n t as required to carry out such works.

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3.16

COMPLETION PERIOD


Area

Completion Time SECTION –I

Within 1 month of OPGW 24 F = 23 Kms Live Line directions to start work by (from 400/220 kV Ghanapur to 220 kV TCIL on this route Hyatnagar in Hyderabad Metropolitan Area) OPGW 24 F = 34 Kms New Line (LILO of 132kV Ghanapur-Imlibun line to 132kV Moosarambagh in Hyderabad Metropolitan Area) OFAC (Max 1.5 Kms)

3.17 Guarantee Period Total work executed shall be covered under guarantee period against any poor workmanship or defect etc on Back to Back basis; The terms are as per the APTRANSCO specifications for this package and are enclosed for reference.

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NO. TCIL/052/770-771/011/12-NT/1/3 Section- 4 Technical Specifications Scope of the proposal and work The Scope of the proposal shall be on the basis of a single Bidder’s responsibility, completely covering all the activities of erection & commissioning of OPGW Cable Brief details of the scope of work to carried out by the contractor: a) Loading, Unloading, Transportation o f O P G W a n d a s s o c i a t e d i t e m s f r o m m a i n s t o r e t o the final destination/site and insurance. The contractor has to open site store nearby the route of the line and ensure for safe custody of all the stored materials at his own cost. The contractor shall reconcile the store with APTRANSCO under TCIL supervision. b) The contractor shall have total responsibility for the entire materials stored, loose semi assembled and /or erected by him at site in his custody. The contractor shall make suitable security arrangement at his own cost to ensure the protection of all materials, equipment and works from theft, fire, pilferage and any other damages and loss. It shall be the responsibility of the contractor to arrange for security till the works are finally taken over by APTRANSCO. c) The contractor shall take suitable storage-cum-erection insurance cover at his cost for all materials, which are required to complete the line. Contractor shall have to take comprehensive insurance policy against any loss, damage, theft, pilferage, fire etc. for the complete period of storage, erection and commissioning up to the time of taking over of the transmission line by APTRANSCO. The Contractor shall deal directly and pursue the claim with the insurance Company and shall be responsible in regard to maintenance of all insurance coverage as well as for settlement of claim. The proof of insurance policy shall be furnished to Engineer in charge ( TCIL/APTRANSCO). e) Mobilization of gang as per project schedule agreed and Laying of OPGW and fixing of hardware fittings and its accessories on Overhead Transmission Line including Drum Test (Pre installation test) at 1310/1550 nm. f) Fixing of the splicing box on tower, splicing and termination on FODP shall be carried out. g) Test of section after completion of every drum with OTDR h) End to end test (1310 & 1550) to be demonstrated to APTRANSCO for acceptance. i) Burying/laying of OFAC (Optical Fibre approach cable). j) Deputing of Safety Officer who will be responsible for Compliance with all safety Rules & Regulations as per APTRANSCO safety rules for providing safe work environment. k) To comply with all Health & Safety norms as per the list given by TCIL/APTRANSCO. 17 | P a g e


l) To comply with Labour Laws applicable during the installation activity. m) Providing detail engineering drawings of erected OPGW/ADSS for APTRANSCO approval. n) If applicable Dismantling of existing earth (Not applicable in New Line Sections) wire if along with accessories & splices in case of Live Line work. Earth wire shall be wound on wooden drum. Wooden drum shall be in line with related relevant IS. The earth wire, hardware & accessories shall be credited at the APTRANSCO store as per instruction of Engineer in charge .Loading, Unloading and Transportation from site to APTRANSCO store is also in the scope of Contractor. o) It shall be responsibility of contractor for carrying out the joint measurements sheet, link testing and WCC (work man ship compensation plan) demonstration of acceptance, documentation. Reliability tests, performance and guarantee tests on completion, Final Acceptance Testing and issue of Final Acceptance Certificate from APTRANSCO are to be performed at site by the contractor. o) Methodology of all the work should be as per International Standard which can be checked by the client at the time of taking over. The installation method to be used for OPGW Live Line and OPGW New Line and ADSS installation and installation tools to be used are to be submitted with the Bid. p) Contractor has to do Materials reconciliation and handing over to client TECHNICAL SPECIFICATION a) During lying of OPGW Contractor has to ensure for providing a loop of at least 15 mtr Length of OPGW cable in addition to the length of OPGW cable required to be brought down to accessible height for providing joint at each in line splice enclosure. b) Service Loop for Outdoor, Indoor, Fibre units, Pigtail cable, Fibre Service loops should be as per TCIL/APTRANSCO Specification. c) All optical fibre cable termination, installation, stringing and handling plans, guides and procedures, and engineering analysis (e.g. tension, vibration etc) shall be submitted to the TCIL/APTRANSCO for review, installation procedures including details of personnel and time required shall be documented in detail and submitted to TCIL/Client for approval. d) All cable segments shall include service loops as specified in the TCIL/APTRANSCO specification included with the NIT. The maximum allowable stringing tension, maximum allowable torsional shear stress, crush strength and other physical parameters of the cable shall not be exceeded. The preventative measures to be taken shall be documented in detail and submitted to TCIL/Client in advance of installation. e) Any or all additional steel work or modifications required to attach the fibre cabling to the overhead transmission/ distribution line towers shall also be carried out by bidder. The bidder shall be responsible for procuring all tools and accessories required for installation. It shall be the bidders responsibility to provide adequate communications among all crew 18 | P a g e


members and support staff to ensure safe and successful installation. f) All installation practices/methodology shall be field proven; ISO accredited and up to the satisfaction of TCIL/APTRANSCO Technical Specification. g) The contractor under a separate schedule, in his proposal shall include a list of all-special equipment tools & tackles etc which he proposes to bring to site for purpose of erection, handling, testing and commissioning including performance and guarantee tests of the equipment. h) Progress Report 1) The contractor shall furnish three (3) copies each to the Engineer in charge, of progress 2) The weekly progress report detailing-out the progress achieved on all erection activities shall highlight comparison to the schedules. The report shall also indicate the reasons for the variance between the scheduled and actual progress and the action proposed for corrective measures, wherever necessary i) Drawing / Designs Any designs/Drawings for any items, if required for completion of the project, shall be prepared and get approved in time by the contractor to avoid delay in completion of the project at no extra cost to the company. 4.1.

Tools The Contractor shall p r o c u r e all the necessary tools, trucks, machinery and labor etc. to complete the work in the prescribed timeframe as per the defined specifications.

4.2.

Material The material specified in supply list is to be provided by TCIL/ APTRANSCO. All other material such as consumable or not specified in company’s supply list required during execution shall be procured by the Contractor at its own cost. S. No. 1 2

3

Item Description 24 Fibre (DWSM) OPGW cable Installation Hardware set for 24 Fibre (DWSM) OPGW fibre optic cabling including all cable fittings & accessories like suspension clamp, tension clamp, Vibration dampers, down lead clamp and inline splice closures etc. Fibre optic Distribution Panel (FODP) indoor/outdoor

Unit Km Set

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4 5

6

type with FC Coupling and mounted on ETSI 19” rack or slim line rack. Pre-connectorized Optical Fibre pigtails FC/PC type or FODP. Fibre optic approach cable including installation hardware like ties/clips/cleats, conduits, ducts, support, fittings accessories etc. Joint Boxe Sets

Nos Km

Nos

This material to be supplied by TCIL/Client shall be picked by the contractor from T C I L / A P T R A N S C O warehouse. Material handling and its transportation to the site is Contractor’s responsibility. 4.3.

Safety and Security This paragraph is applicable to all items in the BOQ. On site security remains the full responsibility of the- Contractor. The on-site activity might be stopped by the Company for lack of compliance to these security measures, until actions are taken to remedy the non compliance to the safety rules. 4.3.1. The safety & security for works The minimal following security measures shall be provided by the contractor while p erfo rm i n g Complete OPGW,OFAC erection till end to end testing and handing over to TCIL/Client. The Contractor shall minimize the time during which the installation works, trench etc or any area remains open. Hazard tape of red colour shall be used for cordoning wherever areas are left opened, especially in city and built-up areas. Warning cones and hazard tape shall be used along the installation area, trench etc for proper identification for the incoming traffic from a distance. Road signs (e.g. danger, caution, men at work) Reflection signs at night Flags (red and green) for traffic Deputing of Safety Officer for complying with all safety Rules & Regulation for providing for safe Work environment -All the required safety measure has to be taken as per APTRANSCO specifications

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4.4

4.4.

Penalty Clause In case if any safety related fatal Elect./Mech. Accident occurred to any employee of agency or outsider due to negligence or non compliance of TCIL / APTRANSCOs safety norms then in addition to the compensation and liability as per statutory requirement , Contractor shall be penalized . Penalty shall be applicable to bidder on back to back basis as and when imposed by the client. Preparatory work (i) (ii) (iii)

4.5.

The Contractor shall ensure that all the necessary permits have been obtained from the relevant authorities before carrying out the work. Once the job is completed, all drawings given to the Contractor for carrying out the work shall be updated as per the actual. Clearly mark the route for O P G W / O F A C e r e c t i o n cable laying and the location Procedures for O P G W / A D S S e r e c t i o n

. Supervision • Inspect the cable drum for cable end seal, external damage, and correctness of drum length, Pre installation test at 1310/1550 nm. • Load the drum on cable wheel/jack and axle and place it at the midpoint the o f t h e drum. • Arrange all other accessories such as guiding pulley, anti twist devices, communication means etc. • Erect the cable with care, keeping the tension in the cable within limits at all times using Tensioner & Pullar machine etc as per TCIL/APTRANSCO. Tension should be monitored with a dynamometer etc.. Transmission test during installation phases after erection 1310/1550 after APTRANSCO specification • Proper Sag as per TCIL/ Client’s specification is to be maintained . Procedure for Installation of erection of materials, Link up etc as per international standards and TCIL/ Client’s specifications. 4.6 Final end to end tests handing over for acceptance as per TCIL/APTRANSCO requirement and Issue of Final Acceptance Certificate from APTRANSCO.

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NO. TCIL/052/770-771/011/12-NT/1/3

Annexure-I SECTION-5

OPGW Erection Items Description (As per Technical Specifications and summarized below) 1

Storage & transportation of materials Safety & Security of materials Insurance of material & manpower Complete installation of OPGW cable (24 Fibres) both new line and live line including laying, fixing of required hardware in line, Laying of fibre optic approach cable required to connect overhead fiber optic cable (OPGW) between the final in line splice enclosure on the gantry/tower and the fibre Optic Distribution Panel (FODP) to be installed within the building at both the sub-station ends as per technical specification. Reconciliation of material and handing over of left over material to the client. OPGW splicing and termination on FODP is in the scope of the Contractor.

Qty

Unit

Rate

Taxes

Total Amount

57 Kms

Link up of OPGW Cable including all related activities. Acceptance Testing and obtaining of Final Acceptance Testing Report and Commissioning reports from APTRANSCO Any other related erection work

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TCIL/052/770-771/011/12-NT/1/3 Letter FOR BIDDER’S QUOTATION BIDDER’S CORRESPONDANCE ADDRESS BIDDER'S TELEPHONE No.: FAX No.: E-mail FROM To Project Director (AP Transco) (TCIL) 4th Floor, TCIL Bhawan, Greater Kailash-I, New Delhi-110048,INDIA Dear Sir, I/We submit the sealed tender for appointment as contractor for work of OPGW Network of Tender No. NO. TCIL/052/770-771/011/12-NT/1/3 1.

I/We have thoroughly examined and understood instructions to bidders, terms and conditions of the contract given in the notice inviting tender and those contained in the general conditions of contract and its appendices, and annexures and agree to abide by them. I/We offer to carry out work i n tender N o . NO. TCIL/052/770771/011/12-NT/1/3 For BILL OF QUANTITIES (BOQ) a n d Rates quoted i n f o r m a t p l a c e d a s Section –5 of the tender referred above. It is confirmed that no other charges would be payable to me / us. (* S t ri k e o ff w h i ch e v e r i s n o t a p p l i c a b l e ) It is confirmed that the rates quoted above are all inclusive of all taxes, duties, GST or any other levies applicable in Andhra Pradesh (wherever applicable),

2.

I/We agree to keep the offer open for acceptance up to and inclusive of the date under clause 2.7 of Section-2 . I/We shall be bound by communication of acceptance of the offer dispatched within the time. 23 | P a g e


3.

Bank Guarantee/Demand Draft No.

drawn on

dated

for /Rupees

4.

I / We do hereby declare that the entries made in the tender and appendices attached therein are true and also that I/We shall be bound by the act of my/our duly constituted attorney Mr./Ms. whose signature is appended here to in the space specified for the purpose and of any other person who in future may be appointed by me/ us to carry out the business of the firm. (Signature of Constituted Attorney) Yours faithfully (Signature of bidder) (Capacity in which signing along with seal ) *NOTE: (1) If the discrepancy exists between figures & words, in quotations in that case the amount in words will prevail. (2) Absurd / Abnormal rates will not be considered by the Company. Name and address of Attorney/ Bidder Name: Address: Date:

Signatures of witness: Name Address Date

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NO. TCIL/052/770-771/011/12-NT/1/3 SECTION-6

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From (Bidder's) Business Address M/s. OFFER LETTER ToGroup General Manager (Tx/NT), Telecommunication Consultants India Limited, 404, TCIL Bhawan, Greater Kailash, New Delhi -110048, INDIA Subject: Tender for APTRANSCO Projects TENDER NO. NO. TCIL/052/770-771/011/12-NT/1/2 In response to the tender invitation No. NO. TCIL/052/770-771/011/12-NT/1/2 the undersigned hereby propose to Telecommunications Consultants India Ltd. (TCIL),GK-I, New Delhi-48 to furnish all necessary plant, equipment, materials, labour, utilities, technical and professional services supervision and facilities (other than any of the aforesaid specified as to be furnished by the COMPANY) and to perform all operations, duties and obligations necessary as required under the scope of this tender for the contract price of an amount R s ………… . ……………………..........…………. (All inclusive) as per details attached in BILL OF QUANTITIES (BOQ) AND SCHEDULE OF RATES The undersigned agrees that this proposal constitute a firm offer to the COMPANY which cannot be withdrawn up to calendar days from the last date of submission of tender. The undersigned certifies that he has examined and is fully familiar with all the provisions of the contract documents and is satisfied that they are accurate: that he has carefully checked all the words, the figures and all statements made in his proposal : that he has satisfied himself with respect to the actual site conditions and the nature and location of the work, the general and local conditions to be encountered in the performance of the work and other matters which in any way affect the cost thereof. The undersigned hereby agrees that the COMPANY will not be responsible for any errors or omissions in this proposal. Undersigned has clearly understood the obligations of the COMPANY under the said Contract in relation to t he work for which the Tenders are invited in response to which this quotation/tender letter is being given and the undersigned agrees that whatever the obligations of COMPANY are towards the client with regard to the execution of the work shall be deemed to be the obligations of the undersigned if the contract is awarded. 26 | P a g e


The undersigned further certifies that h e has examined all the information provided in Tender a n d c o m p l y a l l the clauses therein. If awarded the undersigned agrees to submit the Performance Bank Guarantee ( PBG) and sign the agreement within 10 (ten) days following acceptance of offer. Attached hereto, and by this reference incorporated herein and made a part of this proposal are the BILL OF QUANTITIES (BOQ) AND SCHEDULE OF RATES, construction drawings, technical specifications and the Proposal Data. The bidder acknowledges that data submitted with the proposal which he requires to be incorporated into a contract arising out of this proposal, has been so marked. The bidder further acknowledges that COMPANY at its option may incorporate any of the remaining data submitted by the tenderer into a Contract arising out of this proposal. The undersigned also acknowledges receipt, understanding and full consideration of the following addenda to the tender document. Addenda Numbers By

Signature of Bidder With Seal and Address

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SECTION-7 NO. TCIL/052/770-771/011/12-NT/1/3 BID BOND (EMD) FORMAT Whereas …………………………… (hereinafter called "the Bidder") has submitted its bid dated ………………………. for Construction of OSP Network ……………… vide Tender No……………………………… dated ………………. KNOW ALL MEN by these presents that I/ WE ……………………….. and ………………. having our registered office at …………………… (hereinafter called " the Bank") are bound unto Telecommunications Consultants India Limited (hereinafter called "the Company") in the sum of R s …………………….. for which payment will and truly to be made of the said Company, the Bank binds itself, its successors and assigns by these present. THE CONDITIONS obligation are:

of

the

1. If the Bidder withdraws his bid during the period of bid validity specified by the bidder in the Bid form or 2. If the Bidder have been notified of the acceptance of his bid by the Company 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 company up to the above upon receipt of its first written demand, without the company having to substantiate its demand, that in its demand, the company will note that the amount claimed by it is due to it owning to the occurrence of one or both of the two conditions, specifying the occurred condition or conditions. This guarantee will remain in force 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.

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Signature of the Bank Authority. Name signed in capacity of

Name & Signature of witness Full address of Branch/Bank Address of witness Tel No. of Branch Fax No. of Branch

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SECTION-8 NO. TCIL/052/770-771/011/12-NT/1/3 SECTION-8 PERFORMANCE BANK GUARANTEE This DEED OF GUARANTEE IS MADE THIS DAY OF between the Telecommunications Consultants India Ltd. (TCIL) (which expression shall unless excluded by or repugnant to the context include his successors and assigned of the one part and hereinafter, called the Bank (which expression shall unless excluded by or repugnant of the context include its successors and assignees) of the other part. WHEREAS TELECOMMUNICATIONS LTD accepted

CONSULTANTS INDIA the Tender of hereinafter called the Contractor to execute work of Telecommunications Consultants India Ltd. as per Work Order No. dated (hereinafter referred to as the said Work Order). AND WHEREAS THE work order provides that contractor shall furnish Bank Guarantee to the extent of 10% of the value of the order as and by way of security for the due observance and performance of the terms and conditions of the Work Order. AND WHEREAS at the request of the contractor the Bank has agreed to execute these presents. NOW THE DEED WITNESSED AND IT IS HEREBY AGREED AND DECLARED BY AND between the parties here to as follows: 1. The Bank hereby irrevocably and unconditionally guarantees to the Telecommunications Consultants India Ltd. that the contractor shall render all necessary and efficient services which are to be rendered by the contractor in connection with and / or for the performance of the said work order and further guarantees that the work which shall be done by the contractor under the said work order shall be actually performing the WORK required of it to the satisfaction of the TCIL and shall be free form any defects arising from faulty materials, design and workmanship, such as commission of the equipment, inadequate quantity of materials, inadequate contract protection, deficiencies in design and / or otherwise, whatsoever and in the event of the sub-contractor failing or neglecting to render necessary service, to give satisfactory performance or providing not free from deficiencies or defects as herein before mentioned and in the said work order and particularly warranty clause mentioned therein, the Bank shall indemnify and keep the 30 | P a g e


TCIL indemnified to the extent of Rs against any loss or damage that may be caused to or suffered by the TCIL by reason of any breach by the sub-contractor of any of the aforesaid terms and conditions and the sub-contractor of any of the aforesaid terms and conditions and the Bank further undertakes it pay to the TCIL, such sum not exceeding R s on demand and without DEMUR in the event of contractor’s failure to perform and discharge the aforesaid several duties and obligations on his part to be observed and performed under the work order and / or deficiencies and defects in the satisfactory performance of the work. 2.

The decision of the TCIL as to whether the sub-contractor has failed to or neglected to perform, or discharge his duties and obligations as aforesaid and / or whether the works are free from deficiencies and defects and are capable or performing the work required and the amount payable to the TCIL, by the Bank herein shall be final and binding on the Bank.

3.

The liability of the Bank under this Guarantee shall be as Principal Debtors.

4.

The guarantee herein contained shall remain in full force and effect during the period that would be taken for performance of the aforesaid terms of the said work order and it shall continue to be enforceable till months after the work have been taken over, all the dues of the TCIL under or by virtue of the said Work Order have been fully paid and its claim certified or discharged or till it is certified by the TCIL that the terms and conditions of the said Work Order have been fully and properly carried out by the said contractor and a NO DEMAND CERTIFICATE submitted to this effect by the contractor.

5.

The Bank further agrees that the Guarantee herein contained shall remain in full force and effect for a period of ONE YEAR from the date hereof and also that the extension of this guarantee will be provided for by the Bank for such period beyond the said period of ONE YEARS as the TCIL may feel necessary in this behalf. Provided further that if any claim accrues or arises against the Bank before the expiry of the said ONE YEAR or and extension thereof, the same shall be enforceable against the Bank notwithstanding the fact the same is enforced after the said period of ONE YEAR OR ANY extension thereof.

6.

The Guarantee herein contained shall not be affected by any change in the constitution of the contractor of the Bank and shall be continuing one.

7.

TCIL has fullest liberty without affecting the Guarantee to postpone for any time and from time to time any of the powers exercisable against the Contractor and enforce any of the terms and conditions of the said Work Order and the bank shall not be released from its liability under this guarantee by any exercise by the TCIL of the liberty with reference to the matter referred aforesaid or by reason of time being given to the contractor or any other forbearance, act , of the commission on the part of the Company, or any intelligence by the 31 | P a g e


TCIL to be contractor or by other matter or thing whatsoever which under the Law relating to Sureties shall but for this provision have the effect of so releasing the Bank from its such liability. 8. The Bank undertakes not to invoke this Guarantee during its currency except with the previous consent of the TCIL in writing. IN WITNESS WHEREOF the parties have executed these presents the day and year therein above writing. Witness 1. Signature : Name : Official Address 2.

(Signature) Name (Designation with Bank Stamp)

Signature : Name : Official Address Attorney as per Power of Attorney No. Date :

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SECTION-9 NO. TCIL/052/770-771/011/12-NT/1/3 FORM OF AGREEMENT This Agreement made on the

day of 2013 between TELECOMMUNICATIONS CONSULTANTS INDIA LTD (TCIL).,T C I L B h a w a n , G K - I , N e w D e l h i - 4 8 (hereinafter called "Company") of the one part and M/s (hereinafter called "Contractor") of the other part. Whereas the Company is desirous that certain works should be executed, viz Execution of Erection of OPGW Network Works of APTRANSCO tender no.----------------- in, A n d h r a P r a d e s h , has accepted the said tender of the contractor for execution and completion of such work. NOW THIS AGREEMENT WITNESSETH AS FOLLOW:1.

In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the conditions of contract thereinafter referred to.

2.

The following standard documents in addition to the documents attached with NIT shall be deemed to form and be constructed as part of this Agreement viz: a) b) c) d) e)

The tender The specifications The drawings The letter of acceptance Relevant correspondence (if any).

3.

In consideration to the payments to be made by the company to the contractor as hereinafter mentioned the contractor hereby Covenants to execute, complete and maintain the works in conformity in all respects within the provisions of the contract.

4.

The Company hereby covenants to pay to the contractor in consideration of the execution, completion and maintenance of the work, the contract price at the times and in the manner prescribed by the contract.

IN WITNESS whereof the parties have hereunto put their respective hands and seals the same day 26 | P a g e

and year first above written.


For & on behalf of the Telecommunications Consultants India Limited

For & on behalf of the (Contractor)

Witness

Witness

.

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SECTION-10

NO. TCIL/052/770-771/011/12-NT/1/3 INTEGRITY PACT

INTEGRITY PACT General This Agreement (hereinafter called the Integrity Pact) is made on ______ day of the ___________ month of 20_____, between on one hand, Telecommunications Consultants India Ltd. (TCIL) acting through Sh.________________________(Name & Designation of the officer) (Hereinafter called the “BUYER” which expression shall mean and include, unless the context otherwise requires, his successors in office and assigns) of the First Part and M/s. _________________________(Name of the Company) represented by Sh.________________________________________ Chief Executive Officer/Authorized Signatory (Name & Designation of the officer) (hereinafter called the “BIDDER/Seller” which expression shall mean and include, unless the context otherwise requires, his successors and permitted assigns) of the Second Part. WHEREAS THE BUYER invites bid against Tender/RFO/EOI/RFP/RFQ for the ___________________________________________________________________ ________________________________________________________________________ (Name of the Stores/Equipment/Services, Ref No. & Date) and the BIDDER/Seller is willing to submit bid for the same and WHEREAS the BIDDER is a Private Company/ Public Company/ Government Undertaking/ Partnership Firm/Proprietorship Firm/ Registered Export Agency, constituted in accordance with the relevant law in the matter and the BUYER is a Public Sector Undertaking. NOW, THEREFORE To avoid all forms of corruption by following a system that is fair, transparent and free from any influence/prejudiced dealings prior to, during and subsequent to the currency of the contract to be entered into with a view to :Enabling the BUYER to obtain the desired said stores/equipment/Services at a competitive price in conformity with the defined specifications by avoiding the high cost and the distortionary impact of corruption on public procurement, and Enabling BIDDERs to abstain from bribing or indulging in any corrupt practice in order to secure the contract(s) by providing assurance to them that their competitors will also abstain from bribing and other corrupt practices and the BUYER will commit to prevent corruption, in any form, by its officials by following transparent procedures. 29 | P a g e


the parties hereto hereby agree to enter into this Integrity Pact and agree as follows:1. Commitments of the BUYER 1.1 The BUYER undertakes that no official of the BUYER, connected directly or indirectly with the contract(s), will demand, take a promise for or accept, directly or through intermediaries, any bribe, consideration, gift, reward, favour or any material or immaterial benefit or any other advantage from the BIDDER, either for themselves or for any person, organization or third party related to the contract(s) in exchange for an advantage in the bidding process, bid evaluation, contracting or implementation process related to the contract(s). 1.2 The BUYER will, during the pre-contract stage, treat all BIDDERs alike, and will provide to all BIDDERs the same information and will not provide any such information to any particular BIDDER which could afford an advantage to that particular BIDDER in comparison to other BIDDERs. 1.3 All the officials of the BUYER will report to the CMD, TCIL any attempted or completed breaches of the above commitments as well as any substantial suspicion of such a breach. 2. In case any such preceding misconduct on the part of such official(s) is reported by the BIDDER to the BUYER with full and verifiable facts and the same is prima facie found to be correct by the BUYER, necessary disciplinary proceedings, or any other action as deemed fit, including criminal proceedings may be initiated by the BUYER and such a person shall be debarred from further dealings related to the contract(s) process. In such a case while an enquiry is being conducted by the BUYER the proceedings under the contract(s) would not be stalled. 3. Commitments of BIDDERs The BIDDER commits itself to take all measures necessary to prevent corrupt practices, unfair means and illegal activities during any stage of its bid or during any pre-contract or post-contract stage in order to secure the contract(s) or in furtherance to secure it and in particular commit itself to the following :3.1 The BIDDER will not offer, directly or through intermediaries, any bribe, gift, consideration, reward, favour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the BUYER, connected directly or indirectly with the bidding process, or to any person, organization or third party related to the contract(s) in exchange for any advantage in the bidding, evaluation, contracting and implementation of the contract(s). 3.2 The BIDDER further undertakes that it has not given, offered or promised to give, directly or indirectly any bribe, gift, consideration, reward, favour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the BUYER or otherwise in procuring the contract(s) or forbearing to do or having done any act in relation to the obtaining or execution of the contract(s) or any other contract(s) with TCIL for showing or forbearing to show favour or disfavour to any person in relation to the contract(s) or any other contract(s) with TCIL. 3.3 BIDDERs shall disclose the name and address of agents and representatives and Indian BIDDERs shall disclose their foreign principals or associates. 30 | P a g e


3.4 BIDDERs shall disclose the payments to be made by them to agents/brokers or any other intermediary, in connection with this bid/contract(s). 3.5 The BIDDER further confirms and declares to the BUYER that the BIDDER has not engaged any individual or firm or company whether Indian or foreign to intercede, facilitate or in any way to recommend to the BUYER or any of its functionaries, whether officially or unofficially to the award of the contract(s) to the BIDDER, nor has any amount been paid, promised or intended to be paid to any such individual, firm or company in respect of any such intercession, facilitation or recommendation. 3.6 The BIDDER, either while presenting the bid or during pre-contract negotiations or before signing the contract(s) shall disclose any payment he has made, is committed to or intends to make to officials of the BUYER or their family members, agents brokers or any other intermediaries in connection with the contract(s) and the details of services agreed upon for such payments. 3.7 The BIDDER will not collude with other parties interested in the contract(s) to impair the transparency, fairness and progress of the bidding process, bid evaluation, contracting and implementation of the contract(s). 3.8 The BIDDER will not accept any advantage in exchange for any corrupt practice, unfair means and illegal activities. 3.9 The BIDDER shall not use improperly, for purposes of competition or personal gain, or pass on to others any information provided by the BUYER as part of the business relationship, regarding plans, technical proposals and business details, including information contained in any electronic data carrier. The BIDDER also undertakes to exercise due and adequate care lest any such information is divulged. 3.10 The BIDDER commits to refrain from giving any complaint directly or through any other manner without supporting it with full and verifiable facts. 3.11 The BIDDER shall not instigate or cause to instigate any third person to commit any of the actions mentioned above. 3.12 If the Bidder or any employee of the BIDDER or any person acting on behalf of the BIDDER, either directly or indirectly, is a relative of any of the officers of the BUYER, or alternatively, if any relative of an officer of the BUYER has financial interest/stake in the BIDDER’s firm, the same shall be disclosed by the BIDDER at the time of filing of tender. The term ‘relative’ for this purpose would be as defined in Section 6 of the Companies Act 1956. 3.13 The BIDDER shall not lend to or borrow any money from or enter into any monetary dealings or transactions, directly or indirectly, with any employee of the BUYER. 3.14 The BIDDER will not bring any Political, Governmental or Diplomaticinfluence to gain undue advantage in its dealing with BUYER.

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3.15 The BIDDER will promptly inform the Independent External Monitor (of BUYER) if he receives demand for a bribe or illegal payment/benefit and i. If comes to know of any unethical or illegal practice in BUYER. ii. If he makes any payment to any BUYER Associate. 3.16 The BIDDER will undertake to demand from all sub-contractors a commitment in conformity with this Integrity Pact. 3.17 The Bidder will not enter with other Bidders into any undisclosed agreement or understanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process. 4. Previous Transgression 4.1 The BIDDER declares that no previous transgression occurred in the last three years immediately before signing of this Integrity Pact, with any other company in any country in respect of any corrupt practices envisaged hereunder or with any Public Sector Enterprise in India or any Government Department in India that could justify BIDDER’s exclusion from the tender process. 4.2 The BIDDER agrees that if it makes incorrect statement on this subject, BIDDER can be disqualified from the tender process or the contract(s), if already awarded, can be terminated for such reason. 4. Sanctions for Violations 5.1 Any breach of the aforesaid provisions by the BIDDER or any one employed by it or acting on its behalf (whether with or without the knowledge of the BIDDER) shall entitle the BUYER to take all or any one of the following actions, wherever required:i) To immediately call off the pre contract negotiations without assigning any reason or giving any compensation to the BIDDER. However, the proceedings with the other BIDDER(s) would continue. ii) The Earnest Money Deposit (in pre-contract stage) and/or Security Deposit/Performance Bond (after the contract(s) is/are signed) shall stand forfeited either fully or partially, as decided by the BUYER and the BUYER shall not be required to assign any reason therefore. iii) To immediately cancel the contract(s), if already signed, without giving any compensation to the BIDDER. iv) To recover all sums already paid by the BUYER, and in case of an Indian BIDDER with interest thereon at 5% higher than the prevailing Base Rate of State Bank of India, while in case of a BIDDER from a country other than India with interest thereon at 5% higher than the LIBOR. If any outstanding payment is due to the BIDDER from the BUYER in connection with any other contract(s), such outstanding payment could also be utilized to recover the aforesaid sum and interest. v) To encash the advance Bank Guarantee and performance bond/warranty bond, if furnished by the BIDDER, in order to recover the payments, already made by the BUYER, alongwith interest.

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vi) To cancel all or any other Contracts with the BIDDER. The BIDDER shall be liable to pay compensation for any loss or damage to the BUYER resulting from such cancellation/rescission and the BUYER shall be entitled to deduct the amount so payable from the money(s) due to the BIDDER. vii) To debar the BIDDER from participating in future bidding processes of TCIL for a minimum period of five years, which may be further extended at the discretion of the BUYER. viii) To recover all sums paid in violation of this Pact by BIDDER(s) to any middleman or agent or broker with a view to securing the contract(s). 5 ix) In cases where irrevocable Letters of Credit have been received in respect of any contract(s) signed by the BUYER with the BIDDER, the same shall not be opened. x) Forfeiture of Performance Bond in case of a decision by the BUYER to forfeit the same without assigning any reason for imposing sanction for violation of this Pact. xi) Any other action as decided by CMD, TCIL based on the recommendation by Independent External Monitors (IEMs). 5.2 The BUYER will be entitled to take all or any of the actions mentioned at para 5.1(i) to (xi) of this Pact also on the Commission by the BIDDER or any one employed by it or acting on its behalf (whether with or without the knowledge of the BIDDER), of an offence as defined in Chapter IX of the Indian Penal Code, 1860 or Prevention of Corruption Act 1988 or any other statute enacted for prevention of corruption. 5.3 The decision of the BUYER to the effect that a breach of the provisions of this Pact has been committed by the BIDDER shall be final and conclusive on the BIDDER. However, the BIDDER can approach the Independent External Monitor (s) appointed for the purposes of this Pact. 5.4 For any breach of the provisions of Clauses 1.1 to 1.3 by the Buyer, action as mentioned at Clause 2 shall be applicable. 6. Fall Clause 6.1 The BIDDER undertakes that it has not supplied similar products/systems or subsystems in the past six months in the same State for quantity variation upto -50% or +10%, at a price lower than that offered in the present bid in respect of any other Ministry/Department of the Government of India or PSU and if it is found at any stage that similar products/systems or sub systems was supplied by the BIDDER to any other Ministry/ Department of the Government of India or a PSU at a lower price, then that very price will be applicable to the present case and the difference in the cost would be refunded by the BIDDER to the BUYER, if the contract(s) has/have already been concluded, else it will be recovered, from any outstanding payment due to bidder from TCIL. 7. Independent External Monitor (IEMs) 7.1 The BUYER has appointed Independent External Monitors (IEMs) for this Pact in consultation with the Central Vigilance Commission. Names and email addresses of the IEMs are given on TCIL Website. 7.2 The task of the IEMs shall be to review independently and objectively, whether and to what extent the parties comply with the obligations under this Pact. 7.3 The IEMs shall not be subject to instructions by the representatives of the parties and perform their functions neutrally and independently. They report to the CMD, TCIL. 7.4 Both the parties accept that the IEMs have the right to access all the documents relating to the project/procurement, including minutes of meetings. 7.5 As soon as the IEM notices, or has reason to believe, a violation of this Pact, he will so inform the CMD, TCIL. The IEM can in this regard submit nonbinding recommendations. If TCIL has not, within the 33 | P a g e


reasonable time, taken visible action to proceed against such offence, the IEM may inform directly to the Board of Directors, TCIL. 7.6 The BIDDER(s) accepts that the IEM has the right to access without restriction to all Project documentation of the BUYER including that provided by the BIDDER. The BIDDER will also grant the IEM, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his project documentation. The same is applicable to Subcontractors. The IEM shall be under obligation to treat the information and documents of the BIDDER/Subcontractor(s) with confidentiality. 7.7 The BUYER will provide to the IEM sufficient information about all meetings among the parties related to the Project provided such meetings could have an impact on the contractual relations between the parties. The parties will offer to the IEM the option to participate in such meetings. 7.8 The IEM will submit a written report to the CMD, TCIL within 8 to 10 weeks from the date of reference or intimation to him by the BUYER/BIDDER and, should the occasion arise, submit proposals for correcting problematic situations. 7.9 The word 'IEM' would include both singular and plural. 8. Facilitation of investigation In case of any allegation of violation of any provisions of this Pact or payment of commission, the BUYER or its agencies shall be entitled to examine all the documents including the Books of Accounts of the BIDDER and the BIDDER shall provide necessary information and documents in English and shall extend all possible help for the purpose of such examination. 9. Law and Place of jurisdiction This Pact is subject to Indian Law. The place of performance and jurisdiction is the seat of the BUYER (i.e. New Delhi). 10. Other Legal Actions 10.1 The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may follow in accordance with the provisions of the extant law in force relating to any civil or criminal proceedings. 10.2 The arbitration clause provided in the tender document/contract shall not be applicable for any issue/dispute arising under Integrity Pact. 11. Validity 11.1 The validity of this Integrity Pact shall be from the date of its signing and extend up to 5 years or the complete execution of all the contracts to the satisfaction of both the BUYER and BIDDER/Seller, including warranty period, whichever is later. In case BIDDER is unsuccessful, this Integrity Pact shall expire after six months from the date of the signing of the contract.

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11.2 Should one or several provisions of this Pact turn out to be invalid; the remainder of this Pact shall remain valid. In this case, the parties will strive to come to an agreement to their original intentions. 11.3 If any claim is made / lodged during this time, the same shall be binding and continue to be valid despite the lapse of this pact as specified above, unless it is discharged / determined by CMD, TCIL. 11.4 Changes and supplements need to be made in writing. 11.5 If the Contractor is in a partnership or a consortium, this agreement must be signed by all partners or consortium members. 12. The parties hereby sign this Integrity Pact at ___________ on ___________ . BUYER BIDDER/SELLER Signature ______________________ ______________________ Name of the officer ______________________ ______________________ Designation ______________________ ______________________ Name of the Company ______________________ ______________________ Address ______________________ ______________________ ______________________ ______________________ Dated: ______________________ ______________________ Witness-1 (Buyer) Witness-1 (Bidder/Seller) Signature ______________________ ______________________ Name of the officer ______________________ ______________________ Designation ______________________ ______________________ Name of the Company1 ______________________ ______________________ Address ______________________ ______________________ ______________________ ______________________ Dated: ______________________ ______________________ Witness-2 (Buyer) Witness-2 (Bidder/Seller) Signature ______________________ ______________________ Name of the officer ______________________ ______________________ Designation ______________________ ______________________ Name of the Company ______________________ ______________________ Address ______________________ ______________________ ______________________ ______________________ Dated: ______________________ ______________________

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(REFERENCE TO INDEPENDENT EXTERNAL MONITOR) Date: To ______________________ ______________________ ______________________ Sub: Tender No. / Contract No. ____________________________ 1. No reference can be made to Independent External Monitor if the time to submit the tender / bid is less than 7 days. It may also be noted that no time extension will be allowed for submission of tender. 2. Reference of only those bidders who have purchased the tender document and signed the Integrity Pact will be entertained. `3. Application be made in triplicate - one shall be sent to TCIL and two copies of the same shall be sent to IEM. A) PRE-TENDER STAGE I)

Please provide the following information: a) Whether tender document has been purchased. Yes / No (If Yes, indicate the Receipt No.) b) If downloaded from website, whether fee for the same has been deposited. Yes / No c) Whether the query has been given to TCIL before submission to IEM Yes / No (If Yes, please state the date of submission of query). d) If reply has been received, please attach a copy of the reply.

II) Please state the query in clear terms giving reference to the clause in the tender. B) ISSUES RELATING TO EVALUATION OF TENDERS : I) Whether any reference has been made to TCIL Yes /No 36 | P a g e


(If yes, reply received from TCIL be attached.) II) Issue on which reference is being made.

III) Documentary proof with reference to query be attached. C) IN CASE CONTRACT HAS BEEN SIGNED/EXECUTATION STAGE I)

Date of signing of the contract.

II) Please state whether the Performance Guarantee has been submitted in terms of the contract. Yes / No II) III)

Agreement Clause No. against which the complaint is being made. Integrity Pact clause under which reference is being made.

D) ISSUES REFERENCE : (Please State the query) I) Please state whether any reference was made to TCIL. Yes /No. (If Yes, reply of TCIL be attached) II) In case no reference is made, please note that first reference is required to be made to TCIL unless the issue relates to any corrupt practice. Signature _________________ Name of the Company ____________ Address _________________ Tel. No. __________________ Mob. No. _________________ Fax No. __________________ E-MAIL _________________ (Please attach separate sheets for detailing the issues, if need be)

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