Bharat sanchar nigam limited

SECTION – IV

Eligibility conditions for bidding and Documents to be submitted for eligibility

1. 
   Eligibility conditions: Bidder should have experience for House Keeping (sweeping & cleaning) work in MTNL/BSNL/Central or State Govt./Semi Govt./PSU/Municipality/reputed private organization for at least one year during last five financial years.(i.e. 2010-11 to 2014-15)
   
2. 
   Documents to be submitted / uploaded with Technical bid for Eligibility:
   

Bidder has to submit / upload the following Documents/Certificates along with the online technical bid.

1. 
   Bid Security (Earnest Money Deposit) as per Clouse 13 & 14 of Section – V.
   
2. 
   Tender document to be uploaded dully filled in and digitally signed along with seal on each pages by bidders or his authorized representative
   
3. 
   Self attested certificate issued by the competent authority for satisfactory performance of House Keeping Work (Sweeping & cleaning) under his contract in MTNL/BSNL/Central or State Govt./Semi Govt./PSU/Municipality/ reputed private organization for at least one year during last five financial years. (i.e. 2010-‘11 to 2014 – ‘15)
   
4. 
   In case of proprietorship firm
   

1. 
   Self attested copy of Registration of firm or copy of registrations of firm with local authority or copy of sales tax registration or service tax registration or EPF registration.
   

5. 
   In case of Partnership firm
   

1. 
   Self attested authenticated copy of partnership deed
   
2. 
   No objection certificate from other partners for participate in the tender of BSNL
   

6. 
   In case of Company
   

1. 
   Self attested copy of certificate of incorporation
   
2. 
   Self attested copy of Memorandum & Articles of Association
   

6. 
   Power of Attorney in case of person other than the Bidder has signed the documents. The power of attorney should be for specific work and not general power of attorney. The power of Attorney should be submitted and executed on the non judicial stamp paper of appropriate value and the same be attested by a Notary Public or registered before Sub-Registrar of the State(s) concerned
   
7. 
   Bid Form duly filled in the Proforma given in Section – II
   
8. 
   Tenderer’s profile duly filled in in the Performa given in Section – III
   
9. 
   Declaration regarding any near relative not working in BSNL in the Performa given in Section – IX
   

1. 
   In case of proprietorship firm, declaration will be given by the proprietor.
   
2. 
   In case of partnership firm, declaration will be given by all the partners
   
3. 
   In case of limited company, declaration will be given by all the Directors of the company.
   

6. 
   The bidder shall furnish a latest & valid NSIC / MSME certificate (if applicable) as a part of his bid documents for establishing the bidder’s eligibility
   
7. 
   Regarding Service Tax Registration, EPF Registration & Labour License,
   
8. 
   Self attested copy of Service Tax Registration Certificate, EPF Registration Certificate & ESI Registration Certificate, if applicable and available otherwise he will submit the Service Tax Registration Certificate, EPF Registration Certificate & Labour License etc if applicable before execution of Agreement.
   
9. 
   Latest Solvency certificate (not older than one year from the date of NIT) from any Nationalized/Schedule bank for Rs. 2 Lacks. OR he will be required to submit the required bank solvency certificate before award of contract.
   
10. 
    Experience certificate issued by the competent authority as mentioned in eligibility condition.
    

Note :-

1. 
   The original documents shall be called for verification before awarding the work.
   
2. 
   Copy of documents listed above may be self attested or may be got attested by gazette officer or attested by BSNL officer not below the rank of D.E or equivalent.
   

SECTION – V

GENERAL TERMS AND CONDITIONS OF TENDER

1. 
   Tenderer should submit their tender form online only on website: https://eprocurement.synise.com/bsnl1/gujarat in English only with their digital signature (i.e DSC).
   
2. 
   The Contractor must read carefully all the Instructions, General Terms & Conditions of tender, Scope of Work, General (commercial) conditions of contract, Special Terms & Conditions of contract given in the tender document before filling up / uploading the Bid schedule and his quotation. The bidder is expected to examine all instructions, forms, terms, conditions and specifications mentioned in the bid documents. Failure to furnish all information required as per the Bid Documents and submission of bids not substantially responsive to the Bid Documents in every respect will be at the bidder’s risk and shall result in rejection of the bid.
   
3. 
   Putting of any condition other than those specified in the tender document will not be accepted and that conditional tender is liable to be summarily rejected. No modification by the contractor in any of the conditions will be permitted after the tender is opened.
   
4. 
   Sub-contracting will amount to breach of contract.
   
5. 
   Regarding participation of near relatives of BSNL employees in the Tender / Execution of works in BSNL Units:-
   

It has been decided that the near relatives of BSNL employees either directly recruited or on deputation are prohibited from participation in tender and execution of works in the different units of BSNL. The detailed guidelines in this regard are given in the following paragraphs

1. 
   The near relatives for this purpose are defined as
   

1. 
   Members of a Hindu Undivided family,
   
2. 
   They are husband and wife,
   
3. 
   The one is related to the other in the manner as father, mother, son(s) & son’s wife (daughter in law), daughter (s) & daughter’s husband (son in law), brother (s) & brother’s wife, sister (s) & sister’s husband (brother in law)
   

2. 
   As per Government of India’s CCS Conduct rule, no Government servant shall in the discharge of his official duties deal with any matter or sanction any contract to any company or for any other person if any member of his family is employed in that company or firm or under that person or if he or Any member of his family is interested in such matter or contract in any other manner and the Govt. Servant shall refer every such matter or contract to his official superior. This clause is applicable to all BSNL employees and in view of this as soon as any BSNL employee becomes aware of the above aspect, he must intimate this to the prescribed authority. For non-executive employees this authority is SSA Head/circle Head/Chief engineer/ Chief Archt./corporate Office under whom he is posted. For executive employees (at present some of them are called as Gazetted officers) the prescribed authority for this purpose is Circle Head/ Chief Engineer/Chief Archt./Corporate Office under whom he is posted.
   
3. 
   The company/or firm or any other person is not permitted to tender for works in BSNL Unit in which his near relative(s) is (are) posted. The unit is defined as SSA / Circle/Chief Engineer/Chief Archt./ Corporate office for non-executive employees and all SSA in a Circle including Circle office/Chief Engineer /Chief Archt./ Corporate office for executive employees (including those called as Gazetted officers at present). Therefore, it has been decided by the competent authority that the tenderer should give a certificate that none of his/her such near relative is working in the units as defined above where he is going to apply for tender/work. In case of proprietorship firm certificate will be given by the proprietor, for partnership firm certificate will be given by all the partners and in case of limited company by all the Directors of the company. Any breach of these conditions by the company or firm or any other person, the tender work will be cancelled and earnest money / security deposit will be forfeited at any stage whenever it is so noticed. The department will not pay any damage to the company or firm or the concerned person. The company or firm the person will also be debarred for further participation in the concerned unit.
   
4. 
   The declaration duly signed that tenderer having no relatives employed in BSNL should be enclosed with tender form (As per Proforma given in Section - IX)
   

6. 
   The firm/party BLACK LISTED by Central Government/State Government or any unit of BSNL shall not be eligible for bid and the tenderer black listed by Central Government/State Government or any unit of BSNL suppression of this information at the time of filling of tender and subsequently will amount to automatic rejection and forfeiture of all deposits at any stage.
   
7. 
   Any attempt to negotiate directly or indirectly by tenderer with the authority to whom the tender is submitted to or with the authority who is competent to accept the tender or endeavors to secure interest for actual or prospective tender or influence by any means will disqualify the tender and same will be rejected and action to black list the tenderer will be taken by competent authority.
   
8. 
   GMTD Nadiad is not bound to accept the lowest tender and reserves the right to accept or reject any or all tenders without assigning any reasons what so ever.
   
9. 
   BID DOCUMENTS: The Bid documents include:
   

Part – A: Technical Bid

Part – B: Financial Bid

10. 
    Queries on bid documents:
    

1. 
   A prospective bidder, requiring any clarification of the Bid Documents shall notify the BSNL in writing or by FAX at the BSNL’s mailing address mentioned in the tender document. The BSNL shall respond in writing to any request for clarification of the Bid Documents, which if received not later than 7 days prior to the date for the opening of the bids. This date shall prevail over the corresponding date for submission of queries appearing on e-tender portal at any time. Copies of the query (without identifying the source) and the clarifications by the BSNL shall be uploaded on BSNL website as clarification. On e-procurement portal of Gujarat Circle portal, clarification shall be available as “ADDENDUM” for all the prospective bidders who have downloaded the official copy of tender documents from e-procurement portal of Gujarat Circle.
   
2. 
   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 amendment of relevant clauses of the bid documents.
   

11. 
    Amendment of bid document:
    
    1. 
       At any time, prior to the date for submission of bids, the BSNL may, for any reason whether sue motto or in response to a clarification request by a prospective bidder, modify the bid documents by amendments with due notification to prospective bidder.
       
    2. 
       The amendments shall be notified in writing by post or by FAX or email or by addendum through e-tendering portal (for tender invited through e-tendering process) to all prospective bidders on the address intimated at the time of submitting the e-tender online and these amendments will be binding on them.
       
    3. 
       In order to afford prospective bidders reasonable time to take the amendments into account in preparing their bids, the BSNL may, at its discretion, extend the deadline for the submission/opening of bids suitably.
       
    4. 
       In case of tender document downloaded from the official web site, the tenderer should submit the required cost of bid document as prescribed in the form of DD in favour of A.O (Cash), BSNL, O/o GMTD, Nadiad. If any discrepancy found in the tender document submitted by the tenderer, the tender uploaded by the BSNL will be treated as valid and any change found in the tender document submitted by the tenderer at any staged, will be treated as fraud done to the BSNL and will be liable to cancellation of agreement done (if any) and appropriate action will be taken against the tenderer.
       
12. 
    Cost of Bidding:
    

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

13. 
    Bid Security ( Earnest Money Deposit):
    

1. 
   Bid Security (EMD) as indicated in the NIT is to be deposited to AGM (CFA PLG), O/o GMTD Nadiad, room No-104, 1^st floor Door Sanchar Bhavan, Near Vallabhnagar Society, Pij Road, Nadiad in sealed cover (by packing PVC Tape / Wax) in the form of Demand Draft drawn on any Nationalized / Schedule bank, payable at Nadiad and drawn in favour of the Accounts Officer (cash) BSNL, O/o GMTD Nadiad.
   
2. 
   The said sealed cover to be marked as “ BID SECURITY (+) BID COST”
   
3. 
   The scan copy of demand draft for payment of EMD should invariably be uploaded with the technical bid. Bid without EMD payment will be rejected at the opening stage itself. However, the NSIC / MSME bidders are exempted from payment of bid security with following condition.
   

9. 
   A proof regarding valid registration with body specified by ministry of MSME for the tendered items will have to be attached along with the bid.
   

ii) The enlistment certificate issued by MSME should be valid on the date of opening of tender.

iii) MSME unit is required to submit its monthly delivery scheduled.

4. 
   The bidders (Small Scale Units) who are registered with National Small Scale Industries Corporation under single point registration scheme are exempted from bid security up to the amount equal to their monetary limit. In case of bidder, having monetary limit as “No limit”, the exemption will be limited to Rs.50,00,000/- (Rupees Fifty Lakhs) only as per the existing policy of Bharat Sanchar Nigam Limited (BSNL). A proof regarding current registration with NSIC for the tended item will have to be attached. The bidder having valid NSIC registration shall also be exempted from Security Deposit, if permitted by NSIC rule.
   
5. 
   The earnest money of the bidders will be refunded without any interest within reasonable time after finalization of the tenders, normally within six months from the date of Finalization.
   
6. 
   The bid security (EMD ) shall be forfeited:
   

1. 
   If a bidder withdraws his bid during the period of bid validity specified in the bid document.
   
2. 
   If the bidder makes any modifications in the terms and conditions of the tender before acceptance of the tender, which are not acceptable to the BSNL.
   
3. 
   If a bidder fails to accept the tender offer, if his/ their tender is accepted.
   
4. 
   In case of a successful bidder, the bid security (EMD ) shall be forfeited if the bidder fails;
   

• 
  To deposit the Security Deposit.
  
• 
  To sign the agreement.
  

In both the above cases, the bidder will not be eligible to participate in the tender for same item for one /more years from the date of issue of FAT. The bidder will not approach the court against the decision of BSNL in this regard.

14. 
    Method of Preparation of bid:
    

Following original documents are to be submitted offline i.e in hard copy in properly wax/packing PVC tape sealed envelope marked “Form Fee (+) EMD” and forwarded to AGM (CFA-Plg) O/o GMTD Nadiad, Room No 104, 1^st Floor, Door Sanchar Bhavan, Pij Road Nadiad-387002, which should reach before 14:00 Hours on dated 21.01.2016.

1. 
   Demand Draft of Tender Form Fee Rs 500.00 (non refundable)
   
2. 
   Demand Draft of EMD as mentioned in NIT
   
3. 
   Power Of Attorney
   

Note: - The bidder has to upload the scanned copy of all above said documents as bid annexure during online bid submission. In case of NSIC/MSME registered bidder has to upload the scan copy of latest and valid NSIC/NSME certificate as part of bid document for establishing the bidder’s eligibility.

Tender NO: KTD/MM/T- 04 /House Keeping Work/2015-‘16

Tender for House Keeping Work for Borsad, Anklav, Petlad, Sojitra, Cambay, Tarapur, Nadiad, Mahudha, Kheda, Mahemdavad, Balasinor, Virpur, Thasra, Kapdadwanj & Kathlal Talukas of Nadiad SSA

15. 
    SUBMISSION OF BIDS:-
    

1. 
   The person(s) signing the tenders shall state in what capacity they are signing the tender. In case the tender is not signed by sole proprietor or all the partners or all the directors of the company, the person(s) should enclose a certificate to the effect that he / they is / are authorized to sign the tender and the terms and conditions signed by him / them will be binding on the firms.
   
2. 
   Tender should be uploaded on https://eprocurement.synise.com/bsnl1/gujarat on or before 14.00 Hrs. of 21.01.2016.
   
3. 
   Bid must be submitted by the bidder through e-tendering mode only. Manual submission of bid shall not be considered.
   

16. 
    No bid shall be accepted either online by the e-tender portal of Nadiad SSA or physically incase manual bidding process, after the specified deadline for submission of bid.
    
17. 
    Opening of Bids by the BSNL:
    

1. 
   Tender shall be opened online on due date 21.01.2016 at 14:30 Hrs. in the chamber of AGM (CFA-PLG), O/o GMTD Nadiad in the presence of tenderers or their authorized representatives. Maximum of 02 representatives of any bidders shall be authorized and permitted to attend the bid opening.
   
2. 
   If the opening date will be declared as holiday, the tender will be opened on next working day, time and venue will remain unaltered.
   
3. 
   The bidder’s representative, who is present, shall sign an attendance register. The bidder shall submit authority letter to this effect before they are allowed to participate in the bid opening.
   
4. 
   Whenever it is considered necessary to postpone the opening date of tender, quick decision shall be taken and communicated on our website www.gujarat.bsnl.co.on & www.bsnl.co.in & https://eprocurement.synise.com/bsnl1/gujarat and shall be one day before the original date of opening.
   
5. 
   Envelop marked “FORM FEE + BID SECURITY” shall be opened first and examined. The bidders who have submitted proper form fee & bid security as per Bid document, their “Qualifying bid (Technical bid)” shall be opened on line on the date of tender opening given in the NIT.
   
6. 
   The financial bid of those bidder whose technical bids are approved by competent authority, will be opened by TOC in front of techno commercially eligible bidder / authorized representatives by sending by them suitable notice.
   

18. 
    Any clarification on details of the work can be obtained from AGM (CFA-PLG) / SDE (MM) before one week from the date specified for opening of the tender.
    
19. 
    Modification and Withdrawal of bid:
    

The bidder may modify or withdraw his bid online after submission prior to dead line prescribed for submission of bid. If a bid is withdrawn, the same shall be archived unopened in the e-procurement portal of Gujarat Circle.

The bidder can make modification or withdrawal of his bid physically but bidder has to send withdrawal notice by fax, followed by a sign confirmation copy post marked not later than the dead line for submission of bid.

No bid shall be allowed for modification subsequent to the dead line for submission of bid.

20. 
    Clarification of bids by the BSNL:
    

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

21. 
    Period of validity of bid:
    

Bid shall remain valid for 180 days from date of opening of the bid (Qualifying Bid).Bid for a shortage period shell be rejected as non responsive. The BSNL reserves the right to request the lowest 3 bidders as per read out list on the opening day to extend the bid validity for a period of further 120 days and the bidder has to necessarily extend the bid validity. Refusal to extend the bid validity will result in forfeiture of the bid security. A bidder accepting the request and extending the bid validity will not be permitted to modify his bid.

22. 
    PRELIMINARY EVALUATION: -
    

1. 
   The BSNL reserves the right to disqualify such bidders who have a record of not meeting contractual obligations against earlier contracts entered into with the BSNL.
   
2. 
   BSNL shall evaluate the bids to determine whether they are complete, whether any computational errors have been made, whether required sureties have been furnished, whether the documents have been properly signed and whether the bids are generally in order.
   
3. 
   Prior to the detailed evaluation, the BSNL will determine the substantial responsiveness of each bid to the bid document. A substantially responsive bid is one, which conforms to all the terms and conditions of the bid documents without deviations. The BSNL’s determination of bids responsiveness is to be based on the contents of the bid itself without recourse to extrinsic evidence.
   
4. 
   The BSNL may waive any minor infirmity or no-conformity or irregularity in a bid, which does not constitute a material deviation, provide such waiver does not prejudice or affect the relative ranking of the bidder.
   
5. 
   If any of the documents, required to be submitted along with the technical bid, is found wanting, the offer is liable to be rejected at that stage. However, the purchaser at it’s discretion may call for any clarification regarding the document. The purchaser at it’s discretion may also ask for the submission of any additional/missing document(s) within a stipulated time period. In such case(s), the bidder shall have to comply the purchaser’s requirement within the specified time. In case of non-compliance to such quires, the bid will be out rightly rejected without entertaining further correspondence in this regard.
   

23. 
    Evaluation and Comparison of substantially responsive bids:
    

1. 
   For Technical Bid: - The BSNL shall evaluate in detail and compare the bids previously determined to be substantially responsive and the bidder who fulfills all initial terms and conditions of the tender will be considered as eligible bidder. Financial bid of eligible bidders only will be considered for opening. Date of financial bid opening will be intimated to all eligible bidders. The BSNL reserves the right to disqualify such bidders who have a record of not meeting contractual obligations against earlier contracts entered into with the BSNL.
   
2. 
   For Financial Bid: -
   

The evaluation will be done zone wise as per the rate quoted online for each zone in financial bid on percentage basis, above, below or at par, of SOR. The bidder who is the lowest in a particular zone will be awarded work of that zone being a L-1.

Any tender with conditions other than those specified in the tender document is liable to be summarily rejected.

24. 
    Contacting the BSNL: Any effort by the bidder to modify his bid or influence the BSNL in the BSNL’s bid evaluation, bid comparison or the contract award decisions shall result in the rejection of the bid.
    
25. 
    Issue of Letter of Intent (LOI):
    

1. 
   The issue of letter of intent shall constitute the intention of the BSNL to enter in to the contract with the successful bidder. Letter of intent will be issued as an offer to the successful bidder.
   
2. 
   On receipt of LOI, Successful bidder shall have to pay the Security Deposit in favor of BSNL Nadiad as mentioned in para 27 below.
   

26. 
    Security Deposit:
    

1. 
   The Successful bidder shall have to pay the Security deposit @ 10 % of estimated value of work calculated on approved rates within 10 (Ten) days on receipt of LOI from this office.
   
2. 
   Security Deposit as mentioned above is to be remitted in any of the forms as detailed below:
   

1. 
   Demand draft drawn in favour of A.O (Cash), BSNL, O/o GMTD, Nadiad from any Nationalized/ Scheduled Bank payable at Nadiad.The FAT will be issued only after encashment of the Demand draft.
   

OR

2. 
   Bank Guarantee from any scheduled Bank valid for the period of 24 months. (proforma attached as per section X (B)
   

3. 
   The proceeds of the performance security shall be payable to the department as compensation for any loss resulting from the contractor’s failure to complete its obligations under the contract.
   
4. 
   If the contractor fails or neglects to perform any of his obligations under the contract, it shall be lawful for the BSNL to forfeit either whole or any part of the Security Deposit furnished by the contractor and the decision conveyed to the bidder in writing.
   
5. 
   The “Bank Guarantee” is an autonomous contract and imposes an absolute obligation on the bank in its terms. As such the existence of disputes between the parties under this contract or a possibility of a reference of any dispute arising out of this contract to arbitration or of pendency of proceeding on such a reference has absolutely no relevance to the obligation of the bank under the “Bank Guarantee”. The concerned Bank is bound to pay without demur irrespective of the pendency of any arbitration proceedings or the imminence of any reference to arbitration of the disputes between the parties to his contract arising out of this primary contract between the concerned parties.
   
6. 
   In the event of security being insufficient or if the security has been forfeited, the balance of the total sum recoverable (as the case may be) shall be deducted from any sum then or at any time there-after becomes due to the contractors under this or any other contract with Nadiad SSA. If that sum amount also be not sufficient to cover the full amount recoverable, the contractor shall pay to Nadiad SSA on demand the remaining balance due, failing which the contractor will be black listed.
   
7. 
   Refund of the Security Deposit:
   

1. 
   The Security Deposit shall be refunded within six months from the date of completion of contract provided there are no recoveries to be made arising out of poor quality of work, incomplete work and / or violation of any terms and condition of the contract as stipulated in the bid document.
   
2. 
   No interest will be paid to the contractor on any Security Deposit
   
3. 
   The Security Deposit shall be refunded after full and final settlement of the final bill for the works contracted/executed under the Contract.
   

27. 
    Award of contract:
    

1. 
   The BSNL shall consider award of contract only to those eligible bidders whose offers have been found technically, commercially and financially acceptable. The bid of the tenderer who quoted lowest rate in a particular zone will be accepted for that particular zone.
   
2. 
   However the BSNL reserves the right to accept or reject any bid, annul the bidding process and reject all bids at any time prior to award of contract without assigning any reason whatsoever and without thereby incurring any liability to the affected bidder or bidders.
   
3. 
   The BSNL reserves the right to counter offer price(s) against price(s) quoted by any bidder.
   
4. 
   The BSNL reserves the right to award the work in any area to a single contractor or split the work among two or more contractors should it be considered that single contractor may not be able to deliver the desired output. The assessment of GMTD Nadiad in this regard shall be Final and binding.
   
5. 
   If the work in one area is awarded to more than one contractor, the demarcation of the work among the various contractors shall be decided by GMTD Nadiad and the demarcation will be communicated in writing to the concerned tenderer .In such cases the quantity of work will be awarded as per procurement policy.
   
6. 
   Normally the amount of SD will remain unaltered in all cases mentioned above.
   

28. 
    Signing of Agreement:
    

1. 
   The successful tenderer will have to execute an agreement on a non judicial stamp paper of Rs. 100/-( the cost of the stamp to be borne by the tenderer) in the prescribed form to effect that the tenderer is bound by the terms and conditions of the agreement
   
2. 
   The signing of agreement shall constitute the award of contract on the bidder. The agreement with the successful bidder shall be signed by the BSNL within a week of submission of Security Deposit
   

29. 
    Annulment of award:
    

Failure of the successful bidder to deposit Security Deposit and Signing of Agreement shall constitute sufficient ground for the annulment of the award and forfeiture of the bid security in which event the BSNL may make the award to any other bidder at the discretion of BSNL or call for new bids.

30. 
    FORCE MAJEURE:
    

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 be prevented or delayed by reason of:

1. 
   Any war of hostility.
   
2. 
   Acts of public enemy, civil commotion, sabotage, explosions.
   
3. 
   Effects of flood, epidemics, quarantine restrictions, freight embargoes, earthquake.
   
4. 
   General strikes, Bandh
   
5. 
   Acts of God.
   

Here in after referred to as event neither party shall, by reason of such event be entitled to terminate this contract, nor shall any party have any claim to the damages against the other in respect of such non-performance or delay in performance, provide that notice of happening, of any such event is given by either party to the other within 7(seven) days from the date of occurrences of such event

31. 
    ARBITRATION:
    

1. 
   In the event of any question, dispute or difference arising under this agreement or in connection there-with except as to matter the decision of which is specifically provided under this agreement, the same shall be referred to sole arbitration of the CGMT, Gujarat circle, AM, or in case his designation is changed or his office is abolished then in such case to the sole arbitration of the officer for the time being entrusted whether in addition to the functions of the CGMT, Gujarat circle, AM or by whatever designation such officers may be called (hereinafter referred to as the said officer) and if the CGMT, Gujarat circle, AM or the said officer is unable or unwilling to act as such to the sole arbitration or some other person appointed by the CGMT, Gujarat circle, AM, 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 that the arbitrator is BSNL servant or that he has to deal with the matter to which the agreement relates or that in the course of his duties as BSNL servant he has expressed views on all or any of the matter under dispute. The award of the arbitrator shall be final and binding on the parties. In the event of such arbitrator to whom the matter is originally referred, being transferred or vacating his office or being unable to act for any reasons whatsoever such CGMT, Gujarat circle, AM or the said officer shall appoint another person to act as 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 predecessors.
   
2. 
   The arbitrator may from time to time with the consent of parties enlarge the time for making and publishing the award, subject to aforesaid Indian 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.
   
3. 
   The venue of the arbitration proceeding shall be the office of the GMTD Nadiad or such other places as the arbitrator may decide.