49
1 Signature of the Contractor BHARAT SANCHAR NIGAM LIMITED (A Govt. of India Enterprise) O/o. THE GENERAL MANAGER TELECOM DISTRICT ADMINISTRATIVE BUILDING, SANCHAR BHAWAN PILAJI GANJ, MEHSNANA-384001 NIT No. MM/Tender/Mehsana/2016-17/06 Dated at Mehsana the 26/10/2016 E-TENDER DOCUMENT FOR ANNUAL REPAIRING CONTRACT FOR REPAIRING OF EPBT & CLIP INSTRUMENTS IN THE JURISDICTION OF MEHSANA TELECOM DISTRICT (MEHSANA SSA) FOR THE PERIOD OF ONE YEAR Date of opening of Tender: 17/11/2016 at 15:00 hrs. TENDER FORM Fee: - Rs. 500/- (Non Refundable) ESTIMATED COST OF TENDER: - Rs. 3,78,300/- E-tender website: - http://eprocurement.synise.com/bsnl1/gujarat . Visit us at: - http://www.gujarat.bsnl.co.in Assistant General Manager (MM) O/o GMTD, Mehsana. 2’nd floor, Sanchar Bhawan, Pilaji Ganj, Meghsana-384001 Phone: 02762-220855.

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1 Signature of the Contractor

BHARAT SANCHAR NIGAM LIMITED

(A Govt of India Enterprise)

Oo THE GENERAL MANAGER TELECOM DISTRICT

ADMINISTRATIVE BUILDING SANCHAR BHAWAN

PILAJI GANJ MEHSNANA-384001

NIT No MMTenderMehsana2016-1706 Dated at Mehsana the 26102016

E-TENDER DOCUMENT

FOR

ANNUAL REPAIRING CONTRACT FOR

REPAIRING OF EPBT amp CLIP INSTRUMENTS IN THE JURISDICTION OF MEHSANA TELECOM DISTRICT

(MEHSANA SSA)

FOR THE PERIOD OF ONE YEAR

Date of opening of Tender 17112016 at 1500 hrs

TENDER FORM Fee - Rs 500- (Non Refundable)

ESTIMATED COST OF TENDER - Rs 378300-

E-tender website - httpeprocurementsynisecombsnl1gujarat Visit us at - httpwwwgujaratbsnlcoin

Assistant General Manager (MM) Oo GMTD Mehsana

2rsquond floor Sanchar Bhawan Pilaji Ganj Meghsana-384001

Phone 02762-220855

2 Signature of the Contractor

TABLE OF CONTENTS

Section Content Page No

I Notice Inviting Tender (NIT) 3-4

II Bid Form 5

III Part ndash I Tenderersquos Profile 6

Part ndash II Certificate of Near Relatives 7-8

IV General (Commercial) Conditions of the

Contract

9-27

V Special Conditions of the Contract 28-31

VI Specification and Tentative Quantum of

work

32

VII STANDARD SCHEDULE OF RATE

(SOR)

33

Anexx-I Fault analysis report 34

Anexx-II DECLARATION for Terms amp Conditions

of Tender

35

Anexx- IV DECLARATION REGARDING EPF 36

Anexx-V compliance of EPF Registration certificate 37

Anexx- VI Letter of Authorisation for attending bid

opening

38

Anexx-VII INTEGRITY PACT

39-42

Anexx-VIII Agreement 43

Anexx-IX UNDERTAKING 44

Anexx-X E-Tendering instructions to bidders 45-48

Anexx-III Financial Bid 49

3 Signature of the Contractor

(A Government of India Enterprise)

OFFICE OF THE GENERAL MANAGER TELECOM DISTRICT

ADMINISTRATIVE BUILDING SANCHAR BHAWAN

PILAJI GANJ MEHSANA-384 001

TENDER NO MMTenderMehsana2016-1706 Dated 26102016

NOTICE INVITING TENDER

Online E-Tender is invited for and on behalf of BSNL by the General Manager

Telecom District Mehsana from the eligible contractors for repairing of EPBT amp CLIP

instruments in Mehsana SSA for period of contract for one year from date of award of contract

(issue of FAT) with an option of extension for a further one year at unilaterally by BSNL at the

same rate Terms amp condition of tender with discretion of GMTD Mehsana if required Eligible

contractors should submit eexperience certificate of repairing of EPBT for not less than one year

during last five years in DOTBSNLGovPSUPrivate Sectorfirm

Jurisdiction Estimated

Quantum of work

[In No]

Estimated

cost of tender

Bid

Security

(EMD)

Performan

ce Security

Deposit

Tender

form fee

Mehsana SSA CLIP Instrument-5235

EPBT ndash 3838

Plan Instruments ndash 5

Buttons Key ndash 75

Rs 378300- Rs 9458- 10 of

Estimated

Cost of

Tender

Rs 500-

(Non

refundable)

1 BSNL has decided to use process of e-tendering process for inviting this tender and thus the

physical copy of the tender would not be sold

2 Tender document should be downloaded from the web site wwwgujaratbsnlcoin or wwwtenderbsnlcoin The bidder can participate in the E-tender by downloading tender from httpseprocurementsynisecombsnl1gujarat from 261020161030 hrs to 171120161400hrs

3 Time Last Date amp venue of submission of online bids up to 14=55 hours on

17112016

4 Time Last Date amp venue of submission of Tender fees EMD and others important

document ie MSME Certificate etc submission up to 15=00 hours on 17112016 in the

chamber of Asstt General Manager (MM) Oo GMTD Mehsana 2nd Floor Admn Building

Sanchar Bhawan Pilaji Ganj Mehsana-384001

5 Time Date amp Venue of Bid Opening at 15=00 hours on 17112016 in the chamber of

Asstt General Manager (MM) Oo GMTD Mehsana 2nd Floor Admn Building Sanchar

Bhawan Pilaji Ganj Mehsana-384001

4 Signature of the Contractor

6 The bidders downloading the tender document are required to submit the tender fee

amount through Demand Draft Crossed Bankerrsquos cheque of an amount of Rs 500-

along with applicable EMD in single envelope before tender closing time at box kept for

the purpose at Oo AGM (MM) 2rsquond floor Sanchar Bhawan Pilaji Ganj Mehsana-01 In

case of non-submission of tender fee and EMD bid shall be left archived unopened

rejected The payment will be accepted in the form of Cross Demand Draft drawn on any

Scheduled Bank payable in favor of Accounts Officer (Cash) BSNL Oo GMTD Mehsana

7 Intending eligible bidders downloading the tender document shall have to deposit a Bid Security (EMD) as per mentioned in below table in form of Crossed Demand Draft Bankerrsquos Cheque Pay Order from any Nationalized Scheduled Bank in favour of Accounts Officer (Cash) BSNL Oo GMTD Mehsana payable at Mehsana

8 The MSE units shall be exempted from submission of Tender Fees amp Bid Security deposit on production of requisite proof in respect of valid certification from MSME for the tendered item

9 The tender documents will be submitted online in two part viz (1) Technical Bid amp (2)

Financial Bid Financial bid of only those bidders will be opened whose Technical bid is

completed in all respect

10 Note Any discrepancy found in the downloaded tender document submitted by the

tenderer compared to up loaded tender document the tender document up loaded by BSNL

shall be treated as valid and any changes (found in the tender document submitted by the

tenderer) at any stage 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

(i) The tender which is not accompanied by the requisite Bid security and tender

documents cost for down loaded documents shall be summarily rejected

(ii) Any tender with conditions other than those specified in the tender documents or

incomplete in any respect is liable to be rejected

(iii) Tender will not be acceptedreceived after expiry of date and time If it happens to be

holiday on any of the dates above next working day will be applicable

(iv) The competent authority on behalf of BSNL does not bind himself to accept the lowest

or any other tender amp reserves the right to reject any or all tenders received without

assigning any reason what so ever

(v) Successful bidder may be asked to carry out 25 of the estimated work at any other

location of SSAsite under the jurisdiction of Mehsana SSA at the same rates terms amp

conditions

(vi) All other terms amp conditions and detailed specifications of worksitems shall be as per

tender documents

For any clarification the prospective bidders can contact AGM (MM) Oo GMTD

Mehsana 2nd Floor Admn Building Sanchar Bhawan Pilaji Ganj Mehsana-384001

Asstt General Manager (MM) Oo GMTD Mehsana ndash 384001

5 Signature of the Contractor

SECTION ndash II

BID FORM

Tender No MMTenderMehsana2016-1706 Dated Mehsana the 26102016

To

General Manager

Telecom District Mehsana-384001

Sub Tender for EPBT amp CLIP Instruments Repairing

With reference to above Tender No MMTenderMehsana2016-1706 Dated 26102016

We offer myour Tender on the Terms and Conditions annexed here to and the rates specified in the schedule attached

IWe hereby agree to abide by the fulfill of the all terms and conditions of the contracts hereafter as applicable or in default thereof forfeited to and pay to the BSNL or GMTD Mehsana the some of money mentioned in the said condition without prejudice

The sum of Rs 9458- (Rs Nine Thousand and Four Hundred fifty Eight Only) is enclosed as EMD deposited in DD Vide DD No -------------------- of Bank ---------------------------------------------on Dtd-------------------

IWe also agree to pay security Deposit 10 of tender cost as and when called for within 15 days

We agree to abide by this Bid for the period of 120 days

IWe fails to carry out the work to the specification given in the schedule Security DepositEMD may be forfeited without prejudice to any other right or remedies of the BSNL or GMTD Mehsana

IWe also agree to accept this tender either fully or in part as decided by the competent authority

Signature of the Tenderer

Full Address

Place

Date

6 Signature of the Contractor

SECTION ndash III

(PART ndash I)

Bio-Data of the Bidder

(TO BE SUBMITTED WITH TECHNICAL BID)

1 Name of the Contractor ______________________________________

amp Full address

2 Registration of FirmAgency _____________________________________

Contractor as a Proprietor Or ______________________________________

Partnership Or Ltd Company ______________________________________

3 Service Tax Registration No ______________________________________

(If applicable)

4 PAN No ______________________________________

5 Address of workshop _______________________________________

With Telephone No

6 Registration no with EPF ______________________________________

Authority (If applicable)

Undertaking given in ANNEXURE-V

Bio-data furnished as above by me is true to the best of my knowledge If not found

correct the decision of GMTD Mehsana will be final amp binding to meus

Signature of the Tenderer with seal

7 Signature of the Contractor

SECTION ndash III

(PART ndash II)

CERTIFICATE REGARDING NEAR RLATIVES

1 IWehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipSohelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip resident of helliphelliphelliphelliphellip

hereby certify that none of my near relative(s) as defined in Section IV clause 1u

in the tender document isare employed in BSNL unit as per the details given in

the tender documents In case at any stage it is found that the information given

by me is falseincorrect BSNL shall have absolute right to take any action as

deemed fit without any prior information to me

To be signed by

(A) Signature of Proprietor in case of Proprietorship Firm

(B) Signature of all partners in case of Partnership Firm

a

b

c

d

(C) Signature of all Directors of Company in case of Ltd or Pvt Company

a

b

c helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

d helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(In case of proprietorship firm the certificate will be given by the proprietor

for partnership firm by all partners and in case of limited company by all the

directors of company)

2 The near relatives of all BSNL Employees either directly recruited or on

deputation are prohibited from participation in tenders and execution of

works in the different units of BSNL The detailed guidelines in this

regard are given in the following paragraphs

(i) The near relatives for this purpose are defined as

(a) Members of a Hindu Undivided family

(b) They are husband and wife

(c) The one is related to the other in the manner as father mother

son(s) amp sonrsquos wife (daughter-in-law) Daughter(s) amp daughterrsquos

husband (son-

in-law) brother(s) amp brotherrsquos wife sister(s) amp sisterrsquos husband

(brother-in-law)

8 Signature of the Contractor

(ii) As per BSNL of Indiarsquos CCS Conduct rule 4 no BSNL 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 contract to his official superior

This clause is applicable to all BSNL employees and in view of this as soon as

any BSNL employees 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 EngineerChief ArchtCorporate 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

HeadChief EngineerChief ArchtCorporate office under whom he is posted

(iii) 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

SSACircleChief EngineerChief ArchitectCorporate Office for non executive

employees and all SSA in a circle including circle officeChief Eng Chief Arch

Corporate Office for executive employees (including those called as Gazetted

Officers at present The tenderer should give a certificate that none of hisher

such near relative is working in the units as defined above where he is going to

apply for tenderwork 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

tenderwork will be cancelled and earnest money security deposit will be

forfeited at any stage whenever it is so noticed The BSNL will not pay any

damages to the company or firm or the concerned person The company or

firm or the person will also be debarred for further participation in the

concerned unit

(End of Section III)

9 Signature of the Contractor

Section IV

GENERAL CONDITIONS OF CONTRACT

Bids are invited in two Bid systems Technical Bid (Qualifying) amp Financial Bid (Price

bid)

Method of preparation of Bids

Bids for this tender should be submitted online amp offline in three steps placed as under

these steps should contain the following

Through-

Channel

Bid Envelopes Offline E-tender Online

First-Offline Bid Security (EMD) amp

Tender Fees

DDPay order Bankerrsquos Check for Bid

Security(EMD)amp Tender Fee

Second-Online Tech Bid (Qualifying Bid) Containing documents as per clause 11

of special terms amp conditions

Third-Online Financial Bid (Price bid) Rates quoted by the bidder in

percentage belowabove at par of SOR

The bidder can participate in the E-tender by downloading amp uploads tender from

httpseprocurementsynisecombsnl1gujarat and bidder should submits ldquoTechnical Bidrdquo and

ldquoFinancial Bidrdquo through E-tender site and one envelope the name of Bidder and ldquoTender

fees amp EMD with important documentrdquo may be clearly noted and should be properly

sealed This envelope should bear ldquoTender for Repairing of EPBT amp CLIP instruments in

Mehsana SSArdquo Tender No MM Tender Mehsana 2016-1706 Dated 26102016

DEFINITIONS

The contract means the documents forming the tender and acceptance thereof and the

formal agreement executed between the B S N L and the contractor together with

documents referred to there in including the conditions of contract the specification

designs drawing and instructions issued from time to time by the Official in charge and all

these documents taken together shall be deemed to form one contract and shall be

complementary to one another

1 In the contract the following expressions shall unless where the context otherwise

required have the meaning hereby respectively as signing them

a) The expression (works) or work shall unless there be something either in the subject or

context repugnant to such construction be construed and taken to mean the works by or

by virtue of the contract contracted to be executed whether temporary or permanent

and whether original altered substituted or additional

b) The contractor shall mean the individual or firm or company whether incorporated or

10 Signature of the Contractor

not undertaking the work and shall include the legal personal representative of such

firm or company and the permitted assignees or such individual or the person

composing such firm or company or the successor individual or firm or firms company

c) The designated official nominated representative of the Company means any official

nominated by the GMTD Mehsana to deal with the contractor for making over

material equipment etc to the contractor and to certify the work done by the

contractor

d) The BSNL means the Bharat Sanchar Nigam Limited and his successor

e) GMTD Mehsana

f) The department will mean any office of the BSNL

g) Company means Bharat Sanchar Nigam Limited

h) All reference of -

(i) DepartmentCompany

(ii) General Manager Telecommunications

(iii) Dy General Manager

(iv) Divisional Engineer

(v) Sub Divisional Engineer

(vi) Junior Telecom Officer

(vii) Junior Engineer

(viii) Accounts Officer

(ix) Junior Accounts Officer

In various clauses shall be taken to mean -

i) (i) Bharat Sanchar Nigam Limited a PSU under the Ministry of

Communications Government of India

(ii to ix) The Officers in their respective gradesgroups employed in the company by

whatever designations are assigned to them from time to time and who may be in-charge of

direction execution supervision testing acceptance maintenance of accounts and disposal

of claims from time to time and includes their successors in office Words imparting the

singular number include the plural number and vice-versa

CLAUSES

1 PERIOD OF VALIDITY

Validity of this Bid is 120 days

The rates quoted should be firm and valid for any work that may be issued for period of

11 Signature of the Contractor

one year or up to extended period of contract from the date of issue of final allocation of

the tender or until the completion of the work assigned under each work order whichever is

later

2 LABOUR

a) The contractor shall be responsible for the transportation storage and safe custody of

all EPBT amp CLIP issued to him by the Company The Contractor shall satisfy himself

regularly the quality and quantity of the materials supplied to him and he will be

responsible for any subsequent deterioration and discrepancy (inclusive of theft) in the

quality quantity of the materials

b) The contractor shall submit a proper account every month of all the EPBT amp CLIP

made over to him by the Company and those returned back duly repairs Any

discrepancy or difference between the EPBT amp CLIP issued to the contractor and those

repaired as per the Company s calculation (which shall be final) will be charged to the

contractor or deducted from his bills at cost price including freight handling charges

storage charges etc plus 20 percent departmental charges

c) On completion of the work the contractor shall return to the Company at the latterrsquos

designated store in good condition free of charges any un repaired EPBT amp CLIP that

were supplied by the Company and contractor shall obtain written receipt of goods In

absence of such written receipt it is presumed that goods in question have not been

returned

d) The contractor while taking delivery of EPBT amp CLIP handed over by the Company at

the designated place shall thoroughly inspect all items before taking them over Once

the EPBT amp CLIP are made over to the contractor it shall be his responsibility for safe

custody till taking over of the complete work by the Company Any pilferage damage

etc to the EPBT amp CLIP shall be at the risk and cost of the contractor and charges for

such unaccounted EPBT amp CLIP shall be decided in accordance with (b) above

e) Notwithstanding any thing else herein stated the contractor shall furnish and pay for

all supervision labour tools supplies construction equipment and consumable

materials as may be necessary for the performance of the work and the cost of these

shall be included in the unit repair prices quoted by the Tenderer at the time of

submitting his tender and payable to the contractor

3 GUARANTEE

In addition to any and all other guarantee and warranty mentioned in the contract

documents the contractor guarantees that the entire work will be done in a satisfactory

manner and free from any defect in workmanship and finish and unconformity in all

respect with the specification and direction The contractor also undertakes to repair or

replace as the case may be at his own cost and risk any part of the work which may

damage or that may develop any defects due to bad workmanship or other wise due to the

fault of contractor within a period of agreement

4 METHOD AND MANNER OF PERFORMANCE

The contractor shall be an independent contractor and shall have complete charge of the

men engaged in performance of the work to the performed hereunder and shall perform the

works in accordance with his own methods and at his own risk subject to compliance with

12 Signature of the Contractor

the contract documents The contractor shall throughout the stipulated period of the

contract execute the work in the best contract substantial workmanlike manner and both as

regards manuals and otherwise in respect in strict accordance with the contract documents

or such other additional particulars instruction and drawing as may be found requisite to

be given during execution of the work in force good order among his employees and shall

not employ on the works any unfit person or anyone not capable or not properly qualify to

properly perform the work assigned to him The contractor shall also not employ in respect

of the work or discontinue to employ in respect of the works any employee that the

GMTD MEHSANA SDE may for any reason object to

5 SUB CONTRACTORS

51 The contractor shall not assign subcontract or sublet the whole or any part of the

works covered by the contract or any benefit thereof without the prior written approval of

the GMTD MEHSANA Copies of all agreements entered into with any permitted or sub

contracts including rates for item of work sub-contracted shall be furnished to obtain in

writing prior approval of the GMTD MEHSANA in this behalf before the sub-contract or

the agent or the assignee as the case may be allowed to do work under the contract

52 The GMTD MEHSANA reserves the right to refuse or permit any person or

organization or sub-contractor to particulars in the works covered by the contract The

assignment or sub-contracting or subletting of any such work if permitted by the GMTD

MEHSANA shall not relieve the contractor of any of his liabilities and responsibilities

hereunder the intention being that notwithstanding any assignment or subletting or sub-

contracting the contractor shall be and remain primarily and principally liable to the

Company in terms hereof and for the due fulfillment of the contracted works any assignee

or sub-contractor being regarded merely as the agency of the contractor

53 Each assignee and sub-contractor shall be covered by the contract documents and shall

perform the work which he takes up in accordance with The Company will have the same

privileges and rights with respect to the inspection of work of assignees or sub-contractors

as are provided for under the contract documents governing the work of the contract

54 The contractor shall indemnify and save harmless the Company from and against all

actions suits proceedings loses costs damages charges claims and demands whatsoever

either in law or in enquiry and all costs (inclusive between attorney and client) and charges

and expenses that the Company may sustain suffer or incur arising from or out of or

incidental (to in connection with any act or commission) of the contractor his agent

employee assignee or sub contractor The provision shall also apply to the sub-contractor

or assignee as the case may be

6 REPRESENTATIVE OF THE COMPANY

The Company shall be represented by the GMTD who will be in charge of the work

The Company representative in works site shall be the designated officials or such other

representative as the GMTD MEHSANA may from time to time designate in writing

Notice given in writing by the designated official or GMTD shall be deemed to be

notices given by the Company to the contractor The designated official and such other

representative as GMTD may designate in writing shall be deemed to be authorized

officer to represent the Company in respect of the work of any designated section any

decision agreement or instructions in writing by the Company representative as aforesaid

which is within his powers shall be binding on the contractor

13 Signature of the Contractor

7 REPRESENTATIVE OF CONTRACT

The contractor shall furnish to the Company the scheme of his intended organization and

nominated representative to whom the Company representative can make known decisions

authorizations and interpretations The contractor shall within 10 days after the execution

of the contractagreement notify the Company the name(s) and address(s) of the

representative(s) along with the specimen signature Any change in name and address of

any representative notified aforesaid should be promptly intimated in writing to the

Company Notices given in writing to the representative shall be deemed to be notices

given to contractor This representative shall be fully authorized to represent contractor on

matters involving more than one section of work notification in respect of whom shall

likewise be given to the Company and who shall likewise be the contractors representative

in terms aforesaid

8 INTERPRETATION OF THE CONTRACT DOCUMENTS

The GMTD MEHSANA and the contractor shall in so far as possible by mutual

consultation try and decide upon the meaning and intent of the contract documents In case

of disagreement the dispute will be referred to the sole Arbitrator as provided in the

contract Any change in the contract document shall be set forth in writing by the

representative of the parties hereto It shall be the contractorsrsquo responsibility to thoroughly

familiarize all of his supervisory personnel with the contents of all the contract documents

9 CHANGES EXTRA WORK amp QUANTUM OF WORK

91 Change used herein means a substitution for omission of any work or other

requirement within general scope of the work the performance of the compliance with

which is contemplated by the contract documents

92 Extra work as used herein means any works of compliance with any requirement

other than a change which is not expressly or implied contemplated by the contract

documents and which is necessary to be performed for the proper completion of the

contracted work For the purpose of clarification it is declared that any work or operation

which shall be necessarily incidental to the proper performance of any item of work or part

thereof shall be deemed to have been by implication provided for in the relevant item of

work or part thereof and shall not constitute extra work

93 The GMTD MEHSANA may at his absolute discretion make change in the work

provided for in the contract documents including the commencement of the work and may

require the performance of extra work by the contractor

94 The contractor shall not undertake or make any change or do any work under this

contract unless he has received written instructions from the representative of the

Company

95 The contractor shall not be entitled to any compensation in addition to the contract

price for the performance of any work not envisaged under the contract unless prior to the

performance of such work he has received from the designated official in written

authorization for performance such work

96 For Extra work within the scope of this contract the contractor will receive extra

compensation on the basis of a lump sum unit price as may be agreed upon in advance

between the GMTD MEHSANA and the contractor

14 Signature of the Contractor

97 (a) in cases of such of the works where interpolations of the rates are possible such

rates shall be accepted by both the parties

(b) If the altered additional or substituted work includes any work for which no rates are

specified in the contract for the work can be derived from similar class of work in the

contract than such work shall be carried out at the rate determined by the designated

official on the basis of the prevailing market rates where the work was done

(c) If the rates for the altered additional or substituted work cannot be determined in the

manner specified above then the contractor shall within 7 days of the date of receipt of

order to carry out the work inform the Designated official of the rate which it is his

intention to charge for such class of work supported by analysis of the rate or rates

claimed and the designated official shall determine the rates on the basis of prevailing

market price and pay the contractor accordingly However the Designated official by

notice in writing will be at liberty to cancel his order to carry out such class of work and

arrange to carry it out in such manner as he may consider advisable

98 The quantum of work mentioned in the tender is approximate and subject to vary

However for evaluation purpose the quantum as mentioned in the tender will only be taken

into account

910 The quantum of works (Estimated Cost) of the tender is purely tentative and it can

vary as per requirement of BSNL Mehsana and so successful contractor may not

challenge to BSNL Mehsana in respect to the works of this tender

911 The estimated cost or quantum of work may vary on the basis of actual requirement at

the discretion of GMTD Mehsana limited to + 25 without any change in approved rates

terms amp conditions of contract

10 QUALITY OF WORK

The Company shall be the final judge of the quality of the work and the satisfaction of

the standards in respect thereof set forth in the contract documents Laxity or failure to

enforce compliance with the contract documents by the Company and or its

representative shall not manifest a change or intent or waiver the intention being that

notwithstanding the same the contractor shall be and remain responsible for complete and

proper compliance with the contract documents and the specification therein The

GMTD MEHSANA has the right to prohibit the use of men and any tools materials or

equipments which in his opinion do not produce work or performance meet the

requirement of the contract documents

1l PROTECTION OF WORK

The contractor shall be responsible for all materials equipment furnished or supplied by

the company while in the contractors custody

12 NOTIFICATION

The contractor shall give in writing to the proper person or authority with a copy to the

GMTD MEHSANA such notification as may be mandatory or necessary in connection

with the commencement suspension resumption performance and or completion of the

contracted work All notices shall be given sufficiently in advance of the proposed

operation to permit proper correlation of activities and the contractor shall keep all proper

persons or authority involved regularly advised of the progress or operation through out the

performance of the work together with such other information and or supporting figures

15 Signature of the Contractor

and data as may from time to time as directed or required

13 DELAY IN EXECUTION OF WORK

The Company will make every reasonable effort to furnish the materials required to be

furnished by it under the contract and right of user including the permit required to be

furnished by the Company under the contract and made available in due time so as not to

delay execution of the work The Company will however not be liable to the contractor for

any losses or damages costs charges or expenses that the contractor may in any way

sustain suffer due to delay in making the above available However an extension in time

schedule may be admitted on the above reason

14 SHUT DOWN ON ACCOUNT OF WEATHER CONDITIONS

The contractor shall not be entitled to any compensation whatsoever by reason of

suspension of the whole or any part of the work made necessary by the Company or

deemed advisable on account of bad weather conditions or other unavoidable conditions

15 SECURITY DEPOSIT amp EARNEST MONEY DEPOSIT

EMD (Bid Security) is Rs 9458- amp Performance Security Deposit (PBG) is 10 of

Estimated Tender Cost

151 The security deposit or a part thereof or such balance thereof if any as may remain

after deduction there from in respect of any outstanding bills of the contractor to the

Company shall be paid back to the contractor after termination of contract on expiry of

contract period The contractor shall remain liable to the Company in respect of any

shortfall or discharge of liabilities notwithstanding return of security deposit or any part

thereof The security deposit is required to protect the company against the risk of the

tendererrsquos conduct and breach of contract in which case it would be forfeited without

prejudice to any other action that the company may take against the contractor

152 No interest will be payable on the earnest money or the security deposit or amount

payable to the contractor under the contract

153 Tenderer shall furnish as part of his bid a bid security (Earnest Money Deposit) for a

specified amount The Tenderer (Small scale Units) who are registered with National

Small Scale Industries Corporation under Single Point Registration Scheme are exempted

from bid security (Earnest Money Deposit) up to the amount equal to their monetary limit

In case of Tenderer having monetary limit as no limit the exemption will be limited to Rs

5000000- (Rs Fifty lakhs) only as per the existing policy of Company A proof regarding

current registration with NSIC for the Tendered Item will have to be attached along with

the bid

154 The bid security (Earnest Money Deposit) is required to protect the company against

the risk of tenderers conduct which would warrant the EMD forfeiture pursuant to Para

159

155 The bid security (Earnest Money Deposit) shall be in the form of cash or a Demand

DraftBankerrsquo chequePay order from any NationalizedSchedule Bank payable at

MEHSANA in favour of the AO (cash) BSNL Oo GMTD MEHSANA Payment in any

other form is not acceptable Any Small Scale Industry Firm claiming exemption from the

payment of bid security (Earnest Money Deposit) should submit the copy of the current

registration with National Small Industries Corporation (NSIC) for the tendered items No

16 Signature of the Contractor

interest on bid securityEMD payable

156 A Bid not secured in accordance with Para 153 amp 155 shall be rejected by the

company

157 The bid security (Ernest Money Deposit) of the unsuccessful bidder will be discharged

returned as promptly as possible and no claim whatsoever in this respect would be

entertained

158 The successful bidderrsquos bid security (Earnest Money Deposit) will be returned after

the bidderrsquos acceptance of the tender amp performance security deposit

159 The bid security (Earnest Money Deposit) will be forfeited

a) If the Tenderer withdraws his bid during the period of bid validity specified by

the Tenderer on the Bid form Rate sheet Price Bid or

b) In the case of a successful Tenderer if the bidder fails

i) to sign the Agreement contract amp

ii) to furnish Security Deposit

1510 The performance security deposit (PSD) deposited by the successful bidder in the

form of Cash or in PBG will be released after successful completion of contract and no due

pending against him

16 INSPECTIONS AND TESTING

The GMTD MEHSANA or his representative or any of the officers shall have free

access to the work site at all time for inspection The contractor shall render to the

representative of the company all possible assistants and facilities for the purpose

17 ASSESSMENTS PERMITS LICENCES AND OTHER FACILITIES

17l The contractor shall obtain provide at his own cost all assessments permits and

licenses necessary to do its work

172 The contractor shall be responsible for obtaining at his expense such licenses

permitfacilities as are necessary for the contractor to operate and do business in the

republic of India and in the state in which the work is to be performed

173 The contractor will not be entitled to extra compensation for hardship and increase in

cost Some cases may necessitate special method of execution of work and such

contingency shall deemed to have been provided for in the rates

18 PROTECTION OF LIFE AND PROPERTY AND EXISTING FACILITIES

181 The contractor is fully responsible for taking all possible safety precautions during

preparation for and actual performance of the work

182 The contractor shall undertake to indemnify and keep indemnified the Company from

and against all actions cause of actions damages claims and demand whatsoever either in

law or in inquiry and all losses and damages and costs (inclusive between attorney and

client) charges and expenses in connection there with and or incidental thereto The

contractor shall take all responsibility and risk in the execution of the work

183 It shall be the responsibility of the contractor to see that his employees or any other

person does not misbehave with anybody in company

17 Signature of the Contractor

19 INDEMNITIES

191 The contractor shall at all time hold the Company harmless and indemnify from

against all actions suits proceeding work cost damages charge claims and demand of

every nature and description brought or procured against the Company its officer and

employee and forth with upon demand and without pretest or demur to pay to the

Company any and all losses and damages and cost (inclusive between attorney and client)

and all costs incurred in endorsing this or any other indemnities or security which the

Company may now or at any time have related to the work or the contractors obligations

or in protecting or endorsing its right in any suit or other legal proceeding charges and

liabilities resulting from or incidental or in connection with injury disease or disablement

or death of any person (s) including employee of the contractor or damage to the property

resulting from or arising out of or in any way connected with or incidental to the operator

cause by the contractor documents In addition the contractor shall reimburse the Company

or pay to the Company forthwith on demand without protest or demure all costs charges

and expenses and losses and damages otherwise incurred by it in consequence of any

demands and actions which may be brought against the Company arising out of or

incidental or in connection with the operation covered by the contractor

192 The contractor shall at his own cost at the Company request defend any suit or other

proceeding asserting a claim covered by this indemnity but shall not settle compound or

compromise such suit or other finding without first consulting the Company

20 COMPLIANCE WITH LAW AND REGULATIONS

201 During the performance of the work the contractor shall at his own cost and initiative

fully comply with all applicable law of the land and with any and all applicable by-laws

rules regulations and orders and any other provision having in forces of any Company

Company agencies or department municipal board Company or other regulatory or

authorized body of person and shall provide all certificate of compliance therewith as may

be required by such applicable law by-law rules regulation orders or provision The

contractor shall assume full responsibility for the payment of all contributions and pay roll

taxes as to its employee servants or agent engaged in the performance of the work

specified in the contract documents The contractor require any assignee or sub-contractor

to whom any portion of the work to be performed hereunder may be assigned subleased

or sub-contracted to comply with the provision of the clause and in this connection the

contractor agrees as to undertake to save and hold the Company harmless and indemnified

from and against anyall penalty actions suits losses and damages claims and demands

and cost (inclusive between attorney and client) charges and expenses whatsoever arising

out of occasioned indirectly or directly by failure of the contractor or any assignee or

sub-contractor to make full and proper compliance with the said by-laws rules regulation

law and order and provision as aforesaid

202 Subject to the provisions of the contractor labour (Abolition and regulation Act

1970) the contractor shall not commence actual work unless he produces a receipt from

the concerned licensing authority that he has applied for licensees from the prescribed

licensing authority which may be produced within the period of 15 days or commencing

the work

203 Contractor will have to carry out the work under the rules and regulation of Labour

Act

18 Signature of the Contractor

21 OPTIONAL TERMINATION BY COMPANY (OTHER THAN DUE DEFAULT OF

CONTRACTOR)

211 The Company may at any time at its option cancel and terminate this contract by

written notice to the contractor in which event the contractor shall be entitled for payment

for the work done upto the time of such cancellation

212 In the event of the termination of the contract the contractor shall forthwith hand over

possession of the EPBT amp CLIP Concerned to the company or as the company may direct

213 The Company may at its option cancel or omit the execution of one or more items

of work under this contract and any part of such item(s) without any compensation

whatsoever to the contractor

22 TAXES AND DUTIES

Contractor shall pay all rates levies fees royalties taxes and duties except service tax

payable or arising from out of by virtue of or in connection withor incidental to the

contract or any of the parties in terms of the contract documents andor in respect of the

works or operation(s) or any part thereof to be performed by the contractor and the

contractor shall indemnify and keep indemnified the company from and against the same

or any default by the contractor in the payment thereof other taxes imposed by the

Government will be borne by the contractors Service tax will be paid by BSNL provided

that service tax particulars supplied amp claimed in bills

23 BREACH OF CONTRACT

The Designated officialnominated representative may without prejudice to his right

against the contractor in respect of any delay or inferior workmanship or otherwise or to

any claims of damage in respect of any breaches of the contract and without prejudice to

any rights or remedies under any of the provisions of this contract or otherwise and

whether the date for completion has or has not elapsed by notice in writing absolutely

determine the contract in any of the following cases -

(i) If the contractor having been given by the designated official nominated

representative a notice in writing to rectify reconstruct or replace any defective work or

that the work is being performed in any inefficient or otherwise improper or un work

manlike manner shall omit to comply with the requirements of such notice for a period of

fifteen days thereafter or if the contractor shall delay or suspend the execution of the work

so that either in the judgment of the Designated official (which shall be final and binding)

he will be unable to secure completion of the work by the date for completion or he has

already failed to complete the work by that date

(ii) If the contractor being a company shall pass a resolution or the court shall make an

order that the company shall be wound up or if a receiver or a manager on behalf of a

creditor shall be appointed or if circumstances shall arise which entitle the court or creditor

to appoint a receiver or a manager or which entitle the court to make a winding up order

(iii) If the contractor commits breach of any of the terms and conditions of this contract

(iv) If the contractor commits any acts mentioned in clause thereof

24 When the contractor has made himself liable for action under any of the aforesaid

19 Signature of the Contractor

clauses the Designated official on behalf of the company shall have powers -

(a) To determine or rescind or terminate the contract as aforesaid (of which termination

or rescission notice in writing to the contractor under the hand of the Designated

officialnominated representative shall be conclusive evidence) Upon such determination

or rescission the Security deposit of the contractor shall be liable to be forfeited and shall

be absolutely at the disposal of Company Notice for period of 15days will be received

from the date of issue of notice

(b) To employ other agency paid by the company and to supply materials to carry out the

works or part of the work debiting the contractor with the cost of the work and the price of

the materials (of the amount of which cost and price certified by the Designated official

shall be final and conclusive against the contractor) and crediting him with the value of the

work done in all respects in the same manner and the rates as if it had been carried out by

the contractor under the terms of the contract The certificate of the GMTD-MEHSANA as

to the value of the work done shall be final and conclusive against the contractor provided

always that action under the sub-clause shall only be taken after giving notice in writing to

the contractor Provided also that if the expenses incurred by the company are less than the

amount payable to the contractor at his agreement rates the difference should not be paid

to the contractor

(c) After giving notice to the contractor to measure up the work of the contractor and to

take such part thereof as shall be unexecuted out of his hands and to give it to another

contractor to complete in which case any expenses which may be incurred in excess of the

sum which would have been paid to the original contractor if the whole work has been

executed by him (of the amount of which excess the certificate in writing of the Designated

official shall be final and conclusive) shall be borne and paid by the original contractor and

may be deducted from any money due to him by company under this con tract or on any

other account whatsoever or from his security deposit or the proceeds of sales thereof or a

sufficient part thereof as the case may be

25 In the event of any one or more of the above courses being adopted by Designated

official the contractor shall have no claim to compensation for any loss sustained by him

by reason of his having purely leased or procured any materials or equipment or entered

into any agreement or made any advances account or with a view to the execution or the

work or the performance of the contract and in case action is taken under any of the

provisions aforesaid the contractor shall not be entitled to recover or be paid any sum for

any work thereto or actually performed under this contract unless and until Designated

official has certified in writing the performance of such work and the value payable in

respect thereof and he shall only be entitled to be paid the value so certified

26 In any case in which any of the powers conferred upon the Designated official by

clause 24 thereof shall have become exercisable and the same shall not be exercised the

non exercise thereof shall not constitute a waiver of any of the conditions hereof and such

powers shall notwithstanding be exercisable in the event of any future case of default by

the contractor and the liability of the contractor for compensation shall remain unaffected

In the event of the Designated official putting in force all or any of the powers vested in

him under the proceeding clause he may if he so desires after giving a notice in writing to

the contractor take possession of (or at the sole discretion of the Designated official which

shall be final) use as on hire (the amount of the hire money being also in the final

determination of the Designated official) all or any tools materials and stores in or upon

the works or the materials belonging to the contractor or procured by the contractor and

20 Signature of the Contractor

intended to be used for the execution of the contract or any part thereof paying or

allowing for the same amount at the contract rates or in the case of these not being

applicable at current market rates to be certified by the Designated official whose

certificate thereof shall be final otherwise the Designated official by notice in writing may

order the contractor or his clerk of the works foremen or other authorized agent to remove

such tools plants materials stores from the premises (within and time to be specified to

comply with any such requisition the Designated official may remove them all at

contractors expense or sell them by auction or private sale on account of the contractor and

it his risk in all respects and the certificate of the Designated official as to the expense of

any such removal and the amount of the proceeds and expenses of any such sale shall be

final and conclusive against the contractor

27 If the contractor shall desire an extension of time for completion of the work on the

grounds of his having been unavoidably hindered in its execution or on any other ground

he shall apply in writing to the Designated official within seven days of the date of

hindrance on account of which he desired such extension as aforesaid and the Designated

official shall if in his opinion (which shall be final) reasonable grounds be shown

therefore authorize such extension of time if any as may in his opinion be necessary or

proper

28 If at any time after the commencement of the work the company for any reason

whatsoever not require the whole thereof as specified in the tender to be carried out the

Designated official shall give notice in writing of the fact to the contractor who shall have

no claim to any payment of compensation whatsoever on account of any profit or

advantage which he might have derived from the execution of the work in full but which

he did not derive in consequence of the full amount of the work not having been carried

out neither shall he have any claim for compensation by reason of any alterations having

been made in the original specifications drawings designs and instructions which shall

involve any curtailment of the work as originally contemplated

29 INSPECTION

All work under or in course of execution or executed in pursuance of the contract shall at

all times be open to the inspection and supervision of the Designated official and his

authorized subordinates and the contractor shall at all times during the usual working hours

and at all other times at which reasonable notice of the intention of the Designated official

or his subordinate visit the works shall have been given to the contractor either himself be

present to receive order and instructions or have a responsible agent duly a credited in

writing present for that purpose Orders given to the contractors agent shall be considered

to have the same force as if they had been given to the contractor himself

30 WORKMENS COMPENSATION

In every case in which by virtue of the provisions of section 12 sub-section

(i) of the workmenrsquos compensation Act 1923 Company is obliged to pay compensation to

a workman employed by the contractor in execution of the works Company will recover

from the contractor the amount of the compensation so paid and without prejudice to the

rights of the Company under section 12 Sub section

(ii) of the said Act Company shall be at liberty to recover such amount or any part thereof

by deducting it from the security deposit or from any sum due by the company to the

contractor whether under this contract or otherwise Company shall not be bound to contest

21 Signature of the Contractor

any claim made against it under section-12 subsection (i) of the said Act except on the

written request of the contractor and upon his giving to company full security for all costs

for which Company might become liable in consequence of contesting such claim

31 LABOUR WELFARE

311 In every case in which by virtue of the provisions of the contract Labour (Regulation

and Abolition) Act 1970 and of the contract labour (Regulation and abolition) Central

Rules 1971 Company is liable to pay any amounts of wages to a workman employed by

the contractor in execution of the works or to incur any expenditure in providing welfare

and health amenities required to be provided under the above said Act and the Rules under

clause 19 to 19 J and 20 of PWD-8 or under the CPWD Contractors Labour

Regulations or under the Rules framed by Government from time to time for the

protection of health and sanitary arrangements for workers employed by CPWD

contractors company will recover from the contractor the amount of wages so paid or the

amount of expenditure so incurred and without prejudice to the right of the Government

under section 20 sub-section (ii) and section 21 sub-section (4) of the contractor Labour

(Regulation and Abolition) Act 1970 company shall be at liberty to recover such amount or

any part thereof by deducting it from the security deposit or from any sum due by the

company to the contractor whether under this agreement or otherwise company shall not

be bound to contest any claim made against it under section 20 except on the written

request of the contractor and upon his giving to the company full security for all costs for

which Government might become liable in contesting such claim

312 The contractor shall obtain a valid licence (If required depending upon the number of

persons engaged and the nature of the work intended) under the contract Labour (RampA)

Act 1970 and the contract labour (R amp A) Central Rules 1971 before the commencement

of the work and continue to have a valid license until the completion of the work

313 Any failure to fulfill this requirement shall attract the penal provisions of this

contract arising out of the resultant non-execution of the work

314 No person below the age of (18) eighteen years shall be employed on the work

32 FAIR WAGES

(a) The contractor shall pay to persons employed by him either directly or through sub-

contractor wages not less than fair wages as defined in the CPWD Contractors Labour

(Regulations and Abolition) Act 1970 and the contract labour (Regulation and Abolition)

Central Rules 1971 wherever applicable

(b) The contractor shall notwithstanding the previsions of any contract to the contrary

cause to be paid fair wages to persons indirectly engaged on the work including any

labour engaged by his sub contractor in connection with the said work as if the labour had

been immediately employed by him

(c) The General Manager Telecom District MEHSANA or his subordinate officer

concerned shall have the right to deduct from the money due to the contractor any sum

required or estimated to be required for making good the loss suffered by a worker or

workers by reasons of non-fulfillment of the conditions of the contract for the benefit of

the workers non payment of wages or of deduction made from his or their wages are not

justified by their terms of the contract or non-observance of the Regulations

22 Signature of the Contractor

(d) The contractor shall comply with the provisions of the payment of wages Act 1936

Minimum wages Act 1948 Employees Liability Act 1938 Workmenrsquos compensation Act

1923 Industrial Disputes Act 1947 Maternity Benefits Act 1961 and the contractorrsquos

Labour (regulation and abolition) Act 1970 or the modifications there of or any other laws

relating thereto and the rules made there under from time to time

(e) The contractor shall indemnify Government against payments to be made under and

for the observance of the laws aforesaid without prejudice to his right to claim indemnity

from his sub-contractors

(f) The regulations aforesaid shall be deemed to be a part of this contract and any breach

thereof shall be deemed to be a breach of this contract

33 OTHER LABOUR WELFARE MEASURES

The contractor shall comply with all the provision of the Minimum wages Act 1948

Contractor Labour (R amp A) Act 1970 and rules framed and other labour laws affecting

contract labour that may be brought into force from time to time

34 The contract shall not assign or sublet without the written approval of the GMTD

MEHSANA or his nominated representative and if the contractor shall assign or sublet his

contract or attempt so to do or become insolvent or commence any insolvency proceeding

or make any composition with his creditors or attempt so to do or if any bribe gratuity

gift loan perquisite reward or advantage pecuniary or otherwise shall either directly or

indirectly be given promised or offered by the contractor or any of his servants or agent to

any public officer or person in the employ of Government in any way relating of his office

or employment or if any such officer or person shall become in any way directly or

indirectly interested in the contract the Designated official on behalf of the President of

India shall have power to adopt any of the coursed specified in clause 24 as he may deem

best suited in the interest of Government and in the event of any of these course being

adopted the consequences specified in the said clause 24

35 All sums payable by way of compensation under any of these conditions shall be

considered as reasonable compensation to be applied to the use of Government without

reference to the actual loss or damage sustained and whether or not any damage shall have

been sustained

36 PARTNERSHIP FIRMS

Where the contractor is a partnership firm the previous approval in writing of the

Designated officialnominated representative shall be obtained before any change is made

in the constitution of the firm Where the contractor is an individual or a Hindu undivided

family business concern such approval as aforesaid shall like wise be obtained before the

contractor enters into any partnership agreement where under the partnership firm would

have the right to carry out the work hereby undertaken by the contractor If previous

approval as aforesaid is not obtained the contract shall be deemed to have been assigned in

contravention of Clause hereof and the same action may be taken and the same

consequence shall ensure as provided in the said clause

37 All works to be executed under the contact shall be executed under the direction and

subject to the approval in all respected of the Designated official who shall be entitled to

direct at what point or points and in what manner they are to be commenced and from time

to time carried on

23 Signature of the Contractor

38 Whenever any claim against the contractor for the payment of a sum or money arises

out of or under the contract Government shall be entitled to recover such sum by

appropriating in part or whole the security deposit of the contractor and to sell any

Government Promissory Notes etc forming the whole or part of such security In the event

of the security being insufficient or if no security has been taken from the contractor then

the balance or the total sum recoverable as the case may be shall be deducted from any

sum then due or which at any time thereafter may become due to the contractor under this

or any other contract with Government Should this sum be not sufficient to cover the full

amount recoverable the contract shall pay to Government on demand the balance

remaining dues

39 AUDITS AND TECHNICAL EXAMINATION

391 Company shall have the right to cause an audit and technical examination of the

works and the final bills of the contractor including all supporting vouchers abstract etc to

be made after payment of the final bill and if as a result of such audit and technical

examination any sum is found to have been overpaid in respect of any work done by the

contractor under the contract or any work claimed by him to have been done by him under

the contract and found to have amount of over payment and it shall be liable to refund the

amount of over payment and it shall be lawful for Company to recover the same from him

in the manner prescribed or in any other manner legally permissible and if it is found that

the contractor was paid less than what was due to him under the contract in respect of any

work executed by him under it the amount of such under payment shall be duly paid by

Company to the contractor

392 Any sum of money due and payable to the contractor (including Security Deposit

returnable to him) under this contract may be appropriated by the Company and set off

against any claim of the Company for the payment of a sum or money arising out of or

under any other contract made by the contractor with the Company

40 Contractor shall not enter into agreement with any other unit on approved tender of

GMTD MEHSANA without prior approval of the General Manager Telecom District

MEHSANA

41 Without prejudice to any of the rights or remedies under this contract if the contractor

dies the GMTD MEHSANA on behalf of the company shall have the option of

terminating the contract without compensation to the contractor

42 No Engineer of gazetted rank or other gazetted officer employed in Engineering or

administrative duties in an Engineering Department of the Government of India is allowed

to work as contractor for a period of two years of his retirement from Government service

without the prior permission of Government of India This contract is liable to be canceled

if either person who had not obtained the permission of Government of India as aforesaid

before submission of the tender or engagement in the contractors service as the case may

be

43 COMPENSATION FOR DELAY The time allowed for carrying out the work as

mentioned shall be strictly observed by the contractor and shall be deemed to be of the

essence of the contract on the part of the contractor However for special jobs if the

contractor has submitted a time schedule and the same has been accepted by the designated

officialnominated representative of the company the contractor shall comply with the

said time schedule

24 Signature of the Contractor

44 TIME LIMIT amp LIQUIDATED DAMAGE CHARGES

441 It will be at the discretion of the GMTD MEHSANA to revise or modify or extend

the time limits specified for the total work awarded to the contractor or to further specify

the quantum of work to be completed within a specified period provided a written request

has been received from the contractor explaining the reasons for which such extension of

time is asked for and the GMTD MEHSANA in the particular case is convinced and

satisfied that such extension or revision or modification is in the interest of the

Government In such cases payment of liquidated damage as compensation for delay

becomes liable based on such revised or modified or extended time limits and the

conditions under which such extension or modification or revision has been made

Liquidated damage will be charged as per Special Condition clause No2 amp 3 read as

under

1 Delay in collection - Rs5- per instrument per week or part there of for entire lot of

unserviceable instruments collected delayed subject to a maximum Rs20- per instrument

in case timely collection is not done as per 2(b) of special conditions

2 Delay in delivery- Rs2- per week or part there of on the entire lot of instruments

delivered delayed in case of delivery not made timely as per Para 3 of Special conditions

442 The contractor shall have to complete the contractual work within stipulated period

and it is very clearly understood between the parties that the time is made the essence of

contract

45 The Company assumes no responsibility whatever for any oral understandings or

representations made by any its officers or agents or servants prior to the execution of the

contract and all previous negotiations and understandings are hereby canceled

46 STORERSMATERIAL SUPPLIED BY THE GOVERNMENT

All materials supplied to the contractor by the company shall remain the absolute

property of Company and shall not be removed from site of the work except for use in the

work and shall be at all times open to inspection by Designated official

47 In the event of the contractor being adjudged insolvent or going voluntarily into

liquidation or having received order or other order under insolvency Act made against him

or in the case of a company of the passing of any resolution or making of any order for

winding up weather voluntarily or otherwise or in the event of the contractor failing to

comply with any of the conditions herein specified the GMTDMEHSANA shall have

the power to terminate the contract without previous notice

48 ACCEPTANCES AND MEASUREMENT

481 It is important that the work carried out by contractor is approved by the designated

official nominated representative of the company

482 The designated official nominated representative of the Govt and the contractor or

his authorized representative will certify under their signature at the appropriate places that

the work carried out is as per the specification

49 PRICE VARIATION

25 Signature of the Contractor

The Company shall not be responsible for any escalation in prices of labour or materials

machinery equipment etc whatsoever or any increase in any duties levies or taxes in

respect thereof whatsoever and the contractor rates and contractors obligations shall

remain unaffected by such escalation and or increases

50 FORCE MAJEURE

In the event of either party being rendered unable by force majeure to perform this

contract than the obligations of the party effected by such force majeure shall be

suspended for the whole period during which such cause lasts and until normal operation

are resumed and when such cause ends the execution of this contract must be resumed

with all responsible dispatch should the execution of this contract be suspended by force

majeure than a corresponding extension of the completion date shall be automatically

granted The occurrence of a cause of force majeure however shall not relieve the

company and its obligation to make payment to the contractor for the work satisfactorily

executed prior thereto The terms force majeure as employed herein shall mean act of God

war declared or undeclared hostilities enemy actions revolts riots legal lock outs and

eligible strikes tidal waves forest fires major floods explosions earth quakes epidemics

sabotage extra ordinary act and Regulation of central or state Government or Municipality

Bodies Upon the occurrence of such causes and its termination the parties rendered unable

as aforesaid shall notified the other party in writing within 72 hours of the beginning and

ending dates giving full particulars and evidences if required

51 PAYMENTS

The contractor shall prepare the bills claiming shown as labour cost and material cost

separately The contractor shall submit the bills within 30 days after completion of the

work duly certified by the designated officialnominated representative of company

GMTD MEHSANA has full right to disallow the payment of the bills received after 30

days of completion of work

52 The GMTD MEHSANA may however at his discretion allow the contractor to

submit fortnightly bills or at the end of each work

53Income tax at the rate in force at that time would be deducted from his payments of bills

as Tax deducted at source However if any new legislation comes into effect for

deduction of tax at source at any other rate deduction will be made at that rate

The GMTD MEHSANA will issue necessary Income tax deduction certificate or the

Accounts Officer detailing the amount so deducted As Tax Deducted at Source at the time

of payment or each bill

54 The Tenderer should submit all requisite documents including EPF related documents

as per clause in tender terms amp conditions and special conditions along with the bill if

applicable

55 PAYMENT PROCEDURE

551 The bills are to be submitted in TRIPLICATE and in the manner and form that may

be prescribed by the GMTD MEHSANA from time to time ldquoAccounts Payeerdquo cheque

for amount passed in the bill will be issued only after the contractor gives a stamped

receipt for the amount unless the bills are pre-receipt Only Accounts Payee Cheques

drawn on the branch of the state bank of India or other bank in which the GMTD or the

26 Signature of the Contractor

Accounts Officer may be having drawing assignment account will make payments The

payments will be made either by the Accounts Officer or by any other official who at any

period of time may be convenient to the company

552 Any liquidated damages due shall also be recoverable from the bills submitted for the

payment by the aforesaid officer

553 The security deposit with the GMTD Shall be considered for adjustment against

liquidated damages only at the time of final conclusion of the contract and final settlement

of account

554 The GMTD MEHSANA will have e the right to recover liquidated damages for

delay or slow progress of the works from the bills submitted for payment

555 The final settlement of the bills and refund adjustmentappropriation of any amount

detained from the running bill of the contractor shall be made fully after the GMTD is

satisfied that all the contractual obligation have been fully met and no amount remain due

for recovery from the contractor on any count Unless there are specific reasons all

accounts are expected to be settled within a period of six months from the date of

completion of the works in all respects

56 FINAL ACCEPTANCE

If any of the work is found to be unsatisfactory by the designated officialnominated

representative of the govt the contractor shall be intimated in writing of the corrections

repairing to be carried out The contractor shall be required to correct all defects that

remain evident at any time prior to final acceptance of the contractors works by the

GMTD MEHSANA The cost of all such repairs and corrections shall be borne by the

contractor Failure or neglect on the part of the GMTD MEHSANA or his representative

to confirm or reject inferior work notwithstanding final acceptance of the work or any part

thereof by the company THE GMTD MEHSANA Designated official or his

representative shall not be construed to imply the acceptance of such work The provision

of this clause shall not in any way affect or limit the contractors liability under the

undertaking and guarantee contained in the contract documents

57 DISPUTES AND ARBITRATION

All dispute arising between the contractor and GMTD MEHSANA out of this contract

shall be referred to the sole arbitration in the following manners -

a) In case parties are unable to reach a settlement by themselves the dispute should be

submitted for arbitration in accordance with contract agreement

b) There should not be a joint submission with the contractor to the sole arbitrator

c) Each party should submit its own claimed severely and may oppose the claim put

forward by the other party

d) The onus of establishing his claims will be left to the contractor

e) His claim will be firmly resisted by utilizing all the evidence available with the

company

27 Signature of the Contractor

f) Once a claim has been included in the submission by the contractor a retraction or

modification thereof will be opposed

g) The Point of Defense will be based on actual condition of the contract

h) The question whether these conditions are equitable shall not receive any consideration

in the preparation of Points of Defense

i) The arbitrator shall not entertain claims in the nature of ex-gratia payments as these

are not contractual

j) If the contractor including such claims in his submission the fact that they are not

contractual will be prominently placed before the arbitrator

k) In case the amount involved is heavy the sole arbitrator may be within his rights to

conduct the defense by the government pleader

The award of the sole arbitrator shall be final and binding on the parties to the dispute It

is further agreed that reference to the sole arbitration of officer appointed as arbitrator is

conditions precedent and none will be entitled to move the court without referring the

matter to sole arbitrator

58 Contractor should produce latest Income Tax CertificateSales Tax registration

certificate

59GMTD Mehsana reserves the rights to terminate RRC for breach of

conditionconditions of the agreement after giving a show cause notice of 14 days and after

examining reply if any filed by him pursuance to show cause notice

60 GMTD Mehsana reserves the rights to engaged one or more contractors for this work

61 Rates to be quoted in ANNEXURE ndash III Financial Bid in separate sealed cover and

declaration to be given in ANNEXURE-II-A amp ANNEXURE ndash II B duly signed by all

partnersdirectors of the companyfirm

28 Signature of the Contractor

SECTION ndash V

SPCECIAL CONDITIONS

Work Orders shall be issued by concerned SDE approved by DE

1 Scope of the work Repairing of faulty electronic CLIP push button telephone

instruments buttons key including plan instrument It shall cover all instruments

including those having PCB Display of CLI and burnt out due to their connections

to powers inadvertently but excluding PBT with bakelite portion broken

discolored

2 Collection of faulty instruments

A For lifting of faulty instruments the minimum lot size will be of 20 units

the SDEexchange in charge will intimate the quantity of faulty instruments

accumulated with him over telephone or by FAX to the contractor

B The contractor shall ensure the collection of the faulty instruments within

three working days of the date at giving work order or intimation over telephone or

by FAX on working days between 10 AM to 17 PM at his cost

C The contractor shall acknowledge the receipt of the faulty instruments made

over to him

3 Duration of repair

A The contractor shall repair the faulty instruments at his own work-shop and

return the same to SDEexchange in-charge concerned at his own cost within one

week of its collection (for calculating one week the day of collection and day of

handing over will be inclusive)

B After carrying out repairs of the faulty instruments the contractor shall

offer the instruments to SDEExchange in-charge or JTO nominated by him for

inspection and testing one day before the expiry of schedule delivery date The

decision of the inspecting officer as to accept the repaired instruments will be final

and binding on contractor

C The contractor shall pack each repaired instrument suitably in a

polythene bag after polishingbuffing while returning them to SDE

D The contractor shall paste stiker with date of repairing on back side of

each repaired instrument while returning them to SDE

E The repaired instruments shall be returned back to the same SDEExchange

in-charge unless specified otherwise from where these instruments were collected

for repairs

4 Warranty repair

The contractor will undertake quality repair which will ensure the normal

troubledefect free performance of the instruments for a period of 12 months from

the date of inspection and clearance In case the repaired instruments develops

any defect or any deficiency or fault ie it becomes faulty during the warranty

29 Signature of the Contractor

period the contractor shall rectify repair and remedy such defects deficiency in the

repaired instruments at his own cost and expenses

5 A Method of evaluation

Tenders will be evaluated with reference to the total cost worked out by

multiplying rates quoted by Tenderer with approximate number of EPBT amp

CLIP Instruments as shown in the price bid

B Reports

1 The contractor shall furnish a summary of fault found and namedetails of

the components replaced in the instruments repaired while offering them for

inspection

2 The contractor shall also furnish a quarterly analysis of faulty and repaired

batch wise as per Annexure-I

6 Quality of components

The contractor shall use good quality components for repairs of the instruments

The replaced parts should be purchased by the contractor from DOT approved

source s

7 Liquidated damage

1 Delay in collection Rs 5- per instruments per week or part thereof for

entire lot of unserviceable instruments collected delayed subject to a

maximum of Rs 20- per instruments In case timely collection is not don as

per Para 2(B) above

2 Delay in delivery Rs2 per instrument per week or part thereof on the

entire lot of instruments delivered delayed in case delivery not made timely

as per Para 3 above

8 Quantum of EMD and PSD

EMD as per NIT - to be paid either in cash or in form of DDBankerrsquos

ChequePay Order from NationalizedScheduled Bank in favour of Accounts

Officer (Cash) BSNL Oo GMTD ndash Mehsana payable at Mehsana

Performance Security Deposit 10 of estimated cost of tender payable either in cash or DD or in form of Bank guarantee

from Nationalized BankScheduled Bank for a period of 24 months which will be released or refunded after successful

completion of contract and no due pending against contractor 9 Extension of validity of RRC period Period of RRC will normally

be one year However GMTD Mehsana reserves the right to extend it for a further period of six months or one year or part

there of under the same rates and terms and conditions

Estimated cost for the second year or part there of shall be considered same as approved for first year or part

there of on pro-rata basis

30 Signature of the Contractor

10 Eligibility The bidder should have

Experience of repairing of CLIP or EPBT Instruments in DOTBSNLGovt

PSU Private SectorFirm for one year during last five years as per NIT

11 Documents to be submitted with Technical Bid (Qualifying Bid) to establish

their eligibility for bidding

111 Experience certificate (self attested copy) issued by not below the rank of DEAGM in

DOTBSNLGovtPSUPrivate SectorFirm as required under clause 10 above

112 Self attested Copy of registration of firm (not required for proprietorship)

113 For EPF particulars submit the EPF registration certificate if applicable

(If not applicable submit the clarification as to how not applicable and submit

undertaking on Non judicial stamp paper of Rs 50- regarding submission of it within

one month after the agreement with BSNL Mehsana) If the firms which are under

partnership deed Company Pvt Ltd shall have to submit EPF registration certificate

If not obtain they shall have to obtain the earliest and latest by the time of agreement

They shall have to submit necessary undertaking certificate for this in ANNEXURE-

VI

114 Self attested Copy of Registration particulars with Central Excise for Service Tax If

undertaking is given he shall have to submit within one month before agreement failing

which there will be no agreement (If Service tax is not applicable he shall have to

submit reasons as to how it is not applicable)

115 Partnership deed amp power of attorney who has signed the bid (self attested copy) if

applicable

116 Bio-data of Tenderer in ANNAXURE--IV

117 Declaration to be given in ANNEXURE-II A amp II B

12 Rates to be quoted in ANNEXURE-III In Financial Bid to be submitted separately

in sealed cover

13 GMTD Mehsana reserves the rights to terminate RRC for breach of condition

conditions of the agreement after giving a show cause notice of 14 days and after

examination reply if any filled by him pursuance to show cause notice

14 EPF contribution in respect of LabourEmployees employed by the contractor for

execution of works of BSNL if applicable The contractor will have to

fulfillcompliance of the provisions of EPF amp Misc provisions Act1952 amp Employees

provident fund scheme-1952 by the contractor in respect of LaboursEmployees

engaged by them for performing the work of BSNL while submitting the claim of bills

towards works executed by him if applicable he must accompany the

i List showing the details of LaboursEmployees engaged

ii Duration of their engagement

iii The amount of wages paid to such LaboursEmployees for the duration in question

iv Amount of EPF contribution (both employees amp employers contribution) for the

duration of engagement in question paid to the EPF authorities

31 Signature of the Contractor

v Copies of authenticated documents of payments of such contributions to

EPF authorities and a declaration for compliance of EPF Act 1952

15 The BSNL reserves the right to disqualify such bidders who have a record of not

meeting contractual obligation against earlier contracts entered into with the

BSNL MEHSANA

16 Multiple Vendor System -The BSNL Mehsana intends to limit the number

of technically amp commercially responsive bidders to (Maximum three) from

the list of such bidders arranged in increasing order of their evaluated rate

starting from the lowest for the purpose of award of work against this

tender The distribution of quantum of work among the bidders is as per

clause of Section ndash of tender document

ldquoHowever SSA Head Mehsana reserve the right for the award of contract amp

work of entire tendered quantity to the bidder with the lowest evaluated

ratesrdquo

17 NOTE-

Tender documents containing detailed description of work terms amp conditions can be

had from Asstt General Manager (MM) Oo GMTD Mehsana 2nd Floor Admn

Building Sanchar Bhawan Pilaji Ganj Mehsana-384001 between 10=00 hours to

17=00 hours from 26102016 to 17112016 on all working days

Asstt General Manager (MM) Oo GMTD Mehsana ndash 384001

32 Signature of the Contractor

SECTION ndashVI

1 Specification and Tentative Quantum of work for repairing of EPBT amp

CLIP (approximate)

Sr

No

Name of SDE Unit

[Concern Supervising

Authority]

Quantum of Works for Tender for repairing

of EPBT amp CLIP Instruments [In No]

CLIP Inst EPBT

Inst

Buttons

Key

Plan Inst

1 SDE P MEHSANA 750 900 3 5

2 SDE G MEHSANA 225 250 5 0

3 SDE G CHANASAMA 100 0 5 0

4 SDE G CHHATRAL 350 200 0 0

5 SDEP KADI 50 0 0 0

6 SDEG KADI 50 0 0 0

7 SDEP KALOL 750 450 7 0

8 SDEG KALOL 150 50 0 0

9 SDEP VIJAPUR 60 85 2 0

10 SDEG VIJAPUR 75 95 2 0

11 SDEG MNSGZR 50 80 3 0

12 SDEG KUKARWADA 50 75 2 0

13 SDEP VISNAGAR 350 200 5 0

14 SDEG VISNAGAR 150 75 4 0

15 SDEG VADNAGAR 100 25 4 0

16 SDEG SATLASANA 75 40 3 0

17 SDEG KHERALU 100 50 3 0

18 SDEP UNJHA 500 400 3 0

19 SDEG UNJHA 100 113 2 0

20 SDEP SIDHPUR 450 300 3 0

21 SDEG SIDHPUR 200 200 5 0

22 SDEP PATAN 350 150 5 0

23 SDEG PATAN 100 50 5 0

24 SDEG HRJSAMI 100 50 4 0

Total 5235 3838 75 5

33 Signature of the Contractor

SECTION ndashVII

STANDARD SCHEDULE OF RATE (SOR) FOR REPARING OF EPBT

AND CLIP INSTRUMENT IN MEHSANA TELECOM DISTRICT (MEHSANA SSA)

To

GMTD Mehsana

Sub - Our Financial Bid for repairing of EPBT amp CLIP Instruments in Mehsana SSA

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Sir

Having examined the tender documents terms amp conditions specification of work

stipulated there in IWe the undersigned offer our rates in percentage as under

Brief description of items for

Repairing under ARC

Approx Quantity to be

repaired under ARC

SOR Per Instrument

(a) (b) (c)

(1) Repairing of CLIP Telephones

instruments

5235 No Rs 55-

(2) Repairing of Electronics Push

Button Telephones (EPBT)

3838 No Rs 23-

(3) Repairing of Buttons Key

75 No Rs 26-

(3) Repairing of Plan Instruments

5 No Rs 39-

Note- The Quantity of Clip instrument ( 5500) may be consider which AMC will be expired as per given below -

(1) AMC of 1400 PTPL instrument may be expired on 23092016

(2) AMC of 3100 PTPL instrument may be expired on 21012017

(3) AMC of 1000 PTPL instrument may be expired on 25032017

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

34 Signature of the Contractor

ANNEXURE-I

Fault analysis report of instruments of quarter ending

No of faulty

instruments

with

contractor at

the

beginning of

the period

No of faulty instruments

received by contractor

during the quarter

No of faulty instruments

repaired and returned to

Depot officer

CF No of

faulty

instruments

with

contractor

In warranty Out of

warranty

In warranty Out of

warranty

1

2

Nature of Fault

Type No Of instruments

No

dial

tone

Dial

faulty

No

ring

Poor

speechdisturbance

Dead Display

Fault

No fault

foundMisc

In

warrant

Out of

warranty

Repairing carried out

Type Faults in

TransmitterReceiver Ringer Contract

foil

PCB

Fault

Disply No fault

foundMisc

In

warrant

Out of

warranty

35 Signature of the Contractor

ANNEXURE ndashII

DECLARATION

(TO BE SUBMITTED WITH TECHNICAL BID)

IWe hereby declare that IWe have carefully gone through the Terms amp Conditions of

Tender Notice Invited vide No MMTenderMehsana2016-1706 Dated 26102016 in

detail and agree to the rate submitted by MeUs in the rate sheet and IWe agree in full to

abide by them

1) Signature of the Party ___________________________________

Full Name ___________________________________

(In block letter) ___________________________________

2) Full address ___________________________________

___________________________________

___________________________________

___________________________________

Tele No (O)________________________________

(R)________________________________

3) Capacity in which the __________________________________

Tender is signed

Rubber stamp is required) __________________________________

__________________________________

Date Signature of the Tenderer with seal

36 Signature of the Contractor

ANNEXURE ndash IV

DECLARATION REGARDING EPF TO BE GIVEN ON NON-JUDICIAL STAMPS

PAPER OF RS 100-

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

I helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipProprietor of

Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip do here by declare

that I am the proprietor of my above firm I am carrying out the repairing of

EPBT amp CLIP my self I do not engage labour So EPF is not applicable to

me

However the decision of the competent authority shall be binding to me in

this regard

Name of the Bidder

Signature of the Bidder with Seal

37 Signature of the Contractor

ANNEXURE ndash V

Undertaking to be given for compliance of EPF Registration certificate

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

We the partners Directors of the firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Do here by undertake that if our tender is accepted we will submit the EPF Registration

certification at the earliest latest by one month after the agreement carried out with the

BSNL Mehsana for execution of works for repairing of EPBT amp CLIP Instruments in

Mehsana SSA failing which the decision of the competent authority will be binding on us

To be signed by all Partners directors

38 Signature of the Contractor

ANNEXURE ndash VI

LETTEROF AUTHORISATION FOR ATTENDING BID OPENING

Tender Number MMTenderMehsana2016-1706 Dated 26102016

Subject Authorisation for attending bid opening on___________________(date) the

tender of following persons are hereby authorised to attend the bid opening

for the tender mentioned above on behalf of ______________________

(Bidder) in order of preference given below

Order of Preference Name

Specimen Signatures

I

II

Alternate

Representative

Signatures of

bidder

Or

Officer authorised to sign the bid

Documents on behalf of the bidder

No 1 Maximum of two representatives will be permitted to attend bid opening In

case where it is restricted to one first preference will be allowed Alternate

representative will be permitted when regular representatives are not to able

attending

2 Permission for entry to the hall where bids are opened may be refused in case

authorisation as prescribed above is not recovered

39 Signature of the Contractor

ANNEXURE ndash VII

INTEGRITY PACT

Between

Bharat Sanchar Nigam Limited (BSNL) GMTD-Mehsana hereinafter referred to as ldquoThe

Principalrdquo

And

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphereinafter referred to as ldquoThe BidderContractorrdquo

Preamble

The Principal intends to award under laid down organizational procedures contracts for --

----------------------------------------- The Principal values full compliance with all relevant

laws and regulations and the principles of economic use of resources and of fairness and

transparency in its relations with its Bidders and Contractors

In order to achieve these goals the Principal will appoint an Independent External Monitor

who will monitor the tender process and the execution of the contract for compliance with

the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to

observe the following principles -

(a) No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for

or accept for himherself or third person any material or immaterial benefit which heshe

is not legally entitled to

(b) The Principal will during the tender process treat all Bidder(s) with equity and reason

The Principal will in particular before and during the tender process provide to all

Bidder(s) the same information and will not provide to any Bidder(s)

confidentialadditional information through which the Bidder(s) could obtain an advantage

in relation to the tender process or the contract execution

(c) The Principal will exclude from the process all known prejudiced persons

(2) If the Principal obtains information on the conduct of any of its employees which is a

criminal offence under the relevant Anti-Corruption Laws of India or if there be a

substantive suspicion in this regard the Principal will inform its Vigilance Office and in

addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder(s)Contractor(s)

(1) The Bidder(s)Contractor(s) commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation

in the tender process and during the contract execution

(a) The Bidder(s)Contractor(s) will not directly or through any other person or firm offer

promise or give to any of the Principalrsquos employees involved in the tender process or the

40 Signature of the Contractor

execution of the contract or to any third person any material or immaterial benefit which

heshe is not legally entitled to in order to obtain in exchange any advantage of any kind

whatsoever during the tender process or during the execution of the contract

(b) The Bidder(s)Contractor(s) will not enter with other Bidder(s) 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

(c) The Bidder(s)Contractor(s) will not commit any offence under the relevant Anti-

corruption Laws of India further the Bidder(s)Contractor(s) will not use improperly for

purposes of competition or personal gain or pass on to others any information or

document provided by the Principal as part of the business relationship regarding plans

technical proposals and business details including information contained or transmitted

electronically

(d) The Bidder(s)Contractor(s) will when presenting his bid disclose any and all

payments he has made is committed to or intends to make to agents brokers or any other

intermediaries in connection with the award of the contract

(2) The Bidder(s)Contractor(s) will not instigate third persons to commit offences outlined

above or be an accessory to such offences

Section 3 ndash Disqualification from tender process and exclusion from future contracts

If the Bidder(s)Contractor(s) before contract award or during execution has committed a

transgression through a violation of Section 2 above or in any other form such as to put his

reliability or credibility in question the Principal is entitled to disqualify the

Bidder(s)Contractor(s) from the tender process or take action as per the defined procedure

Section 4 ndash Compensation for Damages

(i) If the Principal has disqualified the Bidder(s) from the tender process prior to the award

according to Section 3 the Principal is entitled to demand and recover the damages

equivalent to Earnest Money Deposit Bid Security

(ii) If the Principal has terminated the contract according to Section 3 or if the Principal is

entitled to terminate the contract according to section 3 the Principal shall be entitled to

demand and recover from the Contractor the amount equivalent to Security Deposit

Performance Bank Guarantee in addition to any other penalties recoveries as per terms

and conditions of the tender

Section 5 ndash Previous transgression

(i) The Bidder declares that no previous transgression occurred in the last 3 years with any

other Company in any country conforming to the Anti-corruption approach or with any

other Public Sector Enterprise in India that could justify his exclusion from the tender

process

(ii) If the Bidder makes incorrect statement on this subject he can be disqualified from the

tender process or action can be taken as per the defined procedure

Section 6 ndash Equal treatment of all BiddersContractorsSubcontractors

41 Signature of the Contractor

(i) The principal will enter into agreements with identical conditions as this one with all

BiddersContractors

(ii) The Bidder(s)Contractor(s) undertake(s) to demand from all subcontractors a

commitment in conformity with this Integrity Pact

(iii) The Principal will disqualify from the tender process all bidders who do not sign this

Pact or violate its provisions

Section 7 ndash Criminal charges against violating

Bidder(s)Contractor(s)Subcontractor(s)

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or

of an employee or a representative or an associate of a Bidder Contractor or

Subcontractor which constitutes corruption or if the Principal has substantive suspicion in

this regard the Principal will inform the Corporate Vigilance Office

Section 8 ndash External Independent MonitorMonitors

1 Principal appoints competent and credible Independent External Monitor for this Pact

The task of the Monitor is to review independently and objectively whether and to what

extent the parties comply with the obligations under this agreement

2 The Monitor is not subject to instructions by the representatives of the parties and

performs his functions neutrally and independently He reports to the CMD of the BSNL

3 The Bidder(s)Contractor(s) accepts that the Monitor has the right to access without

restriction to all Project documentation of the Principal including that provided by the

Contractor The Contractor will also grant the Monitor upon his request and demonstration

of a valid interest unrestricted and unconditional access to his project documentation The

same is applicable to Subcontractors The Monitor is under contractual obligation to treat

the information and documents of the Bidder(s)Contractor(s)Subcontractor(s) with

confidentiality

Notwithstanding anything contained in this Section the Bidder(s)Contractor(s) shall have

no obligation whatsoever to provide any internal costing mechanisms or any internal

financial or commercial data pursuant to any audit or review conducted by or on behalf of

the Principal Further the Bidder(s)Contractor(s) shall not be required to provide any data

relating to its other customers or any personnel or employee related date

4 The Principal will provide to the Monitor 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 Principal and the Contractor The parties offer to the

Monitor the option to participate in such meetings

5 As soon as the Monitor notices or believes to notice a violation of this agreement he

will so inform the Management of the Principal and request the Management to

discontinue or take corrective action or to take other relevant action The monitor can in

this regard submit non-binding recommendations Beyond this the Monitor has no right to

demand from the parties that they act in a specific manner refrain from action or tolerate

action

42 Signature of the Contractor

6 The Monitor will submit a written report to the Chairperson of the Board of the Principal

within 8 to 10 weeks from the date of reference or intimation to him by the lsquoPrincipalrsquo and

should the occasion arise submit proposals for correcting problematic situations

7 If the Monitor has reported to the CMD of the BSNL a substantiated suspicion of an

offence under relevant Anti-Corruption Laws of India and the BSNL has not within

reasonable time taken visible action to proceed against such offence or reported it to the

Corporate Vigilance Office the Monitor may also transmit this information directly to the

Central Vigilance Commissioner Government of India

8 The word lsquoMonitorrsquo would include both singular and plural

Section 9 ndash Pact Duration

This Pact begins when both parties have legally signed it It expires for the Contractor 12

months after the last payment under the contract and for all other Bidders 6 months after

the contract has been awarded

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 dischargeddetermined by

CMD BSNL

Section 10 ndash Other provisions

1 This agreement is subject to Indian Law Place of performance and jurisdiction is the

Registered Office of the Principal ie New Delhi The arbitration clause provided in the

tender document contract shall not be applicable for any issue dispute arising under

Integrity Pact

2 Changes and supplements as well as termination notice need to be made in writing

3 If the Contractor is a partnership or a consortium this agreement must be signed by all

partners or consortium members

4 Should one or several provisions of this agreement turn out to be invalid the remainder

of this agreement remains valid In this case the parties will strive to come to an agreement

to their original intensions

------------------------------------ ----------------------------------

For the Principal For the BidderContractor

Placehelliphelliphelliphelliphelliphelliphelliphellip Witness 1 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphellip Witness 2 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

43 Signature of the Contractor

Anexx-VIII

AGREEMENT

This agreement made on thishelliphelliphellip day of helliphelliphellip Yearhelliphelliphelliphellip Between hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphellipHerein after called ldquo The contractorrdquo (which expression shall unless excluded by or

repugnant to the context include its successors heir executors administrative representative and

assignee) of the one part amp the BSNL (GMTD Mehsana) herein after referred to as the BSNL of

other part Tender No MMTenderMehsana2016-1706 Dated 26102016

Where as the contractor has offered to enter with the said BSNL for the contract for repairing of

EPBT amp CLIP Plan instruments amp Buttons Key in Mehsana SSA Mehsana Telecom District on

the terms and conditions herein contained and the rates approved by the BSNL (copy of rates

annexed) have been dully accepted and whereas the necessary security deposit have been furnished

in accordance with the provision of the tender documents and whereas no interest will be claimed

on the security deposit Now these presents witness and it is hereby agreed and declared by and

between the partiesrsquo presents as follows

(1) The contractor shall during the period of this contract that is to say fromhelliphelliphelliphelliphellipTo

helliphelliphelliphellip or completion of work whichever is earlier or until this contract shall be

determined by such notice as is herein after mentioned safely carried out by means of

Labours employed at his own expense and by means of tools implements of equipments

etc to be supplied by him to his Labours at his own expense all work of repairing of

EPBT amp CLIP instruments as described in tender documents (annexed to the agreement)

when the BSNL or any other person authorized by GMTD Mehsana in that behalf require it

is under stood by the contractor that the quantity of work mentioned in the schedule is

likely to change as per actual requirement as demanded by exigencies of service

(2) The Notice Inviting Tender Bid documents (qualifying and financial) letter of intent

approved rates annexed here to and such other additional particulars instructions

drawings work orders as may be found requisite to be given during execution of work

shall be deemed and taken to be an integral part of the contract and shall be deemed to be

included in the expression ldquoThe agreement) or ldquoThe Contractrdquo wherever herein used

(3) The contractor also supplies the requisite number of workmen with means and materials as

well as tools appliances vehicles for transportation cartage etc required for the proper

execution of work within the prescribed in the work orders

(4) The contractor hereby declares that no body connected with or in the employment of the

BSNL is notshall not ever be admitted as partner in the contract

(5) The contractor shall abide by the terms and conditions rules guide lines constructions

particulars safety precautions etc stipulated in the tender documents including any

correspondence between the contractor and the BSNL having bearing on execution of work

and payments of work to be done under the contract

In witness whereof the partiesrsquo presents have here in to set their representative hands and

seals the day and year in

Signed sealed amp Delivered by

The above named contractor in the presence of

Above written

Witness

(1)

(2) Signed and delivered on behalf of BSNL

Witness

(1)

(2)

44 Signature of the Contractor

ANNEXURE-IX - UNDERTAKING

This deed of undertaking executed on this helliphelliphellip day ofhelliphelliphelliptwo thousand andhelliphellip

by (name of sole proprietorpartnerdirectorauthorized representative the firm

company trust society etc)helliphelliphelliphelliphelliphelliphelliphelliphelliphellipSO helliphelliphelliphelliphelliphelliphelliphellip

residing athelliphelliphelliphelliphelliphelliphelliphelliphelliphellipOn behalf of said helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of the firm company Trust Society etc) having its office athelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

and dully authorized to sign file and verify present undertaking by the said hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of Firm company Society etc) in favour of Bharat Sanchar Nigam Ltd a

Government Of India undertaking having its registered office at Statesman

HouseB-148 Barkhamba Road New Delhi and local office at Administrative

Building Sanchar Bhawan BSNL Pilaji Ganj Mehsana-1 here in after called

BSNL (which terms shall mean and include its successors administrators heirs and

assigns Where as MS BSNL invited bids for repairing of EPBT amp CLIP instruments in Mehsana SSA

IWe participated in the bidding process and emerged as successful bidder with respect to tender No

MMTenderMehsana2016-1706 Dated 26102016

IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Acknowledge that IWe have fully under

stood and aware of the terms amp conditions of the Tendercontract and do hereby unequivocally and

unconditionally undertake and declare that

(1) IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip shall comply with all

the rulesRegulationsLawsGovernment instructionsstatus etc that are

applicable will be made applicable and or are aimed to protect the interest of

the workersemployees engaged by meus in the past and during the course of

performance of the contract with BSNL

(2) IWe shall fully protect indemnity and hold harmless BSNL and its employees

officers Directors agents judgments damages fines penalties and costs

(including legal costs and disbursements) arising from or relating to

Any breach violation of any direction order from any governmental

authority any provisions of the labour laws or any other laws status or

regulations that are or will be aimed to protect the interest of the

workersLabours engaged by the contractors in past and during the

course of this contract

OR

Any other payments claims or liability that may arise for ensuring

compliance of the provisions of any of the labour laws or any other laws

etc OR

Any other claim made by any third party in connection with any violation

of any laws guide lines instructions etc

In witness whereof this undertaking has caused on thehelliphelliphelliphelliphelliphellip

DayhelliphelliphelliphelliphellipMonth ofhelliphelliphellip Year

Date

Place

Signature

Name

Designation

Witness 1 2helliphelliphellip

45 Signature of the Contractor

ANNEXURE-X

E-Tendering Instructions to Bidders

These Special Instructions (for e-Tendering) supplement lsquoGeneral instructions to Biddersrsquo as enclosed in Section IV of this E-Tender Document Wherever there is a conflict the provisions herein shall prevail over those in other pages of this document

Submission of Bids only through online process is mandatory for this Tender

For conducting electronic tendering BSNL Mehsana is using the portal

(httpeprocurementsynisecombsnl1gujarat) of Ms Synise Technologies ltd Pune A - Submission of tender

1 The bidding process will be accepted only through e-tendering platform 2 Availability of e-tendering document e-tender document can be obtained by

downloading it from the website httpeprocurementsynisecombsnl1gujarat the

physical copy of the Tender document would not be available for sale

3 The Tender document shall not be available for download on its submissionclosing date B - General 1 Tender Bidding Methodology

Sealed Bid System ndashldquoSingle Stage using two envelopsrdquo

In this case of two envelope system Financial amp Techno-commercial bids shall be

submitted by the bidder at the same time

2 Broad outline of activities from Bidders prospective

1 Procure a Digital Signing Certificate (DSC)

2 Register on Electronic Tendering System (RETS)

3 Create Users and assign roles on ETS

4 View Notice Inviting Tender (NIT) on ETS

5 Download Official Copy of Tender Documents from ETS

6 Clarification to Tender Documents on ET Query to BSNL (Optional)

View response to queries posted by BSNL as addenda

7 Bid-Submission on ETS

8 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Techno-commercial Part

9 View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond to BSNLrsquos Post-TOE queries

10 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Financial-Part (Only for Technical Responsive Bidders)

For participating in this tender online the following instructions need to be read

carefully These instructions are supplemented with more detailed guidelines on

the relevant screens of the ETS

3 Digital Certificates

For integrity of data and its authenticity non-repudiation of electronic records and be compliant with IT Act 2000 it is necessary for each user to have a Digital Certificate (DC) also referred to as Digital Signature Certificate (DSC) of Class 2 or above issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer httpwwwccagovin]

4 Registration

To use the Electronic Tenderreg portal ( httpeprocurementsynisecombsnl1gujarat) vendor needs to register on the

46 Signature of the Contractor

portal Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e-tendering activities In ETS terminology this person will be referred to as the Super User (SU) of that organization For f u r ther details

p lease v is i t the websiteportal and follow further instructions as given on the site You may also contact tender wizard Helpdesk (as given below) to get your registration acceptedactivated Tender wizard Helpdesk

Telephone 020-30277517 020-30277522020-30277516

[between 1000 hrs to 1800 hrs on working days]

Mobile Nos Mr Hiren Pandar 7774013247 7774013248

E-mail ID helpdesksynisecom [Please mark CC

hirenpsynisecom]

BSNL Contact-1

BSNLrsquos Contact Person AGM MM Mehsana

Telephone Mobile (02762-220855222900)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID agmmmmehbsnlin

BSNL Contact-2

BSNLrsquos Contact Person SDE MM-Mehsana

Telephone Mobile (02762-221855)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID mehsdemm2bsnlin 5 Bid related Information for this Tender (Sealed Bid)

The entire bid-submission would be

online on ETS Broad outline of

submissions are as follows

Submission of digitally signed copy of Tender DocumentsAddendumaddenda

Two Envelopes

Techno-commercial -Part

Financial-Part

Note -

i) If some document is not applicable for the bidder then he has to upload

scanned copy of paper mentioning ldquoThe document ltNamegt called vide

clause helliphelliphelliphelliphelliphelliphellip is not applicable on usrdquo

ii) If document asked for contains more than one page then all those pages may be uploaded in one PDF format file

iii) Please take care to scan documents such that the total size of

documents to be uploaded remains minimum However it shall be sole

responsibility of bidder that the uploaded documents remain eligible

6 Offline Submissions

The bidder is requested to submit the following documents offline to AGM (MM) 2nd Floor Sanchar Bhawan Pilaji Ganj Mehsana-384001 on or before the date amp

time of submission of bids specified in covering letter of this tender

47 Signature of the Contractor

document in a Sealed Envelope The envelope shall bear (name of the tender) the tender number and the words lsquoDO NOT OPEN BEFORErsquo (due date amp time)

1 EMD-Bid Security in Original

2 DD Bankers cheque against payment of tender fee

3 Power of attorney (if applicable) Note The bidder has to upload the Scanned copy of all above said documents during

online Bid submission also

7 Special Note on Security of Bids

Security related functionality has been rigorously implemented in ETS in a multi-dimensional manner Starting with Acceptance of Registration by the Service Provider provision for security has been made at various stages in Electronic Tenderrsquos software Security related aspects as regard Bid Submission are outlined below

As part of the Electronic Encryptertrade functionality the contents of both the lsquoElectronic Formsrsquo and the lsquoMain-Bidrsquo are securely encrypted using a Pass-Phrase created by the Bidder himself Unlike a lsquopasswordrsquo a Pass-Phrase can be a multi-word sentence with spaces between words (eg I love this World) A Pass-Phrase is easier to remember and more difficult to break It is recommended that a separate Pass-Phrase be created for each Bid-Part This method of bid- encryption does not have the security and data-integrity related vulnerabilities which are inherent in E-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid- encryption Bid-encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE) even if there is connivance between the concerned tender- opening officers of the Buyer organization and the personnel of e-tendering service provider

Typically lsquoPass-Phrasersquo of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself when demanded by the concerned Tender Opening Officers who will open the bid Else Tender Opening Officer may authorize the bidder to open his bid himself There is an additional protection with SSL Encryption during transit from the client-end computer of a Supplier organization to the e-tendering server portal

8 Public Online Tender Opening Event (TOE)

ETS offers a unique facility for lsquoPublic Online Tender Opening Event (TOE)rsquo Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices For this purpose representatives of bidders (ie Supplier organization) dully authorized are requested to carry a Laptop and Wireless Connectivity to Internet Every legal requirement for a transparent and secure lsquoPublic Online Tender Opening Event (TOE)rsquo has been implemented on ETS As soon as a Bid is decrypted with the corresponding lsquoPass-Phrasersquo as submitted online by the bidder himself (during the TOE itself) salient points of the Bids are simultaneously made available for downloading by all participating bidders The work of taking notes during a manual lsquoTender Opening Eventrsquo is therefore replaced with this superior and convenient form of lsquoPublic Online Tender Opening Event (TOE)rsquo ETS has a unique facility of lsquoOnline Comparison Chartrsquo which is dynamically updated as each online bid is opened The format of the chart is based on inputs provided by the Buyer for each Tender The information in the Comparison Chart is based on the data submitted by the Bidders in electronic forms A detailed Technical and or Financial Comparison Chart enhances Transparency Detailed instructions are given on relevant screens

48 Signature of the Contractor

ETS has a unique facility of a detailed report titled lsquoMinutes of Online Tender Opening Event (TOE)rsquo covering all important activities of lsquoOnline Tender Opening Event (TOE)rsquo This is available to all participating bidders for lsquoViewing Downloadingrsquo

There are many more facilities and features on ETS For a particular tender the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer

NOTE In case of internet related problem at a bidderrsquos end especially during lsquocritical

eventsrsquo such as ndash a short period before bid-submission deadline during online

public tender opening event etc it is the bidderrsquos responsibility to have backup

internet connections In case there is a problem at the e- procurement

service-providerrsquos end (in the server leased line etc) due to which all the

bidders face a problem during critical events and this is brought to the notice

of BSNL by the bidders in time then BSNL will promptly re-schedule the

affected event(s)

9 Other Instructions

For further instructions the vendor should visit the home-page of the portal

( httpeprocurementsynisecombsnl1gujarat) and go to the User-Guidance Center The help information provided through lsquoETS User-Guidance Centerrsquo is available in three categories ndash

Users intending to Register First-Time Users Logged-in users of Buyer organizations and Logged-in users of Supplier organizations Various links are provided under each of the three categories Note It is strongly recommended that all authorized users of Supplier

organizations should thoroughly peruse the information provided under the

relevant links and take appropriate action This will prevent hiccups and minimize

teething problems during the use of ETS

The following lsquoFOUR KEY INSTRUCTIONS for BIDDERSrsquo must be assiduously adhered to

1 Obtain individual Digital Signing Certificate (DSC or DC) well in advance of

your first tender submission deadline on ETS

2 Register your organization on ETS well in advance of your first tender submission deadline on ETS

3 Get your organizationrsquos concerned executives trained on ETS well in advance of your first tender submission deadline on ETS

4 Submit your bids well in advance of tender submission deadline on ETS as

there could be last minute problems due to internet timeout breakdown etc

While the first three instructions mentioned above are especially relevant to first-time users of ETS the fourth instruction is relevant at all times

10 Minimum Requirements at Bidders end

Computer System with good configuration (Min P IV 1 GB RAM Windows XP)

Broadband connectivity

Microsoft Internet Explorer 60 or above

Digital Certificate(s) for users

49 Signature of the Contractor

ANNEXURE-III

RATE SHEET

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Rate should be quoted in below Rate Sheet

Sr

No

Rates Quoted By Bidder With Respect to SOR (Schedule Of Rate)

Particulars In Figure In Words

1 Above Of SOR

2 Below Of SOR

3 AT PAR

[At Same Rates of SOR]

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

Signature of the Bidder with Seal

Note

1 All faulty instruments are to be repaired except fully broken or fully burnt due to

electric hazards

2 The work may be offered to more than one contractor if required

Signature of the Tenderer with seal

Full Name _____________________

Full Address________________________

  • TABLE OF CONTENTS
    • CERTIFICATE REGARDING NEAR RLATIVES
      • LETTEROF AUTHORISATION FOR ATTENDING BID OPENING
      • Signed sealed amp Delivered by
      • Above written
        • ANNEXURE-IX - UNDERTAKING

2 Signature of the Contractor

TABLE OF CONTENTS

Section Content Page No

I Notice Inviting Tender (NIT) 3-4

II Bid Form 5

III Part ndash I Tenderersquos Profile 6

Part ndash II Certificate of Near Relatives 7-8

IV General (Commercial) Conditions of the

Contract

9-27

V Special Conditions of the Contract 28-31

VI Specification and Tentative Quantum of

work

32

VII STANDARD SCHEDULE OF RATE

(SOR)

33

Anexx-I Fault analysis report 34

Anexx-II DECLARATION for Terms amp Conditions

of Tender

35

Anexx- IV DECLARATION REGARDING EPF 36

Anexx-V compliance of EPF Registration certificate 37

Anexx- VI Letter of Authorisation for attending bid

opening

38

Anexx-VII INTEGRITY PACT

39-42

Anexx-VIII Agreement 43

Anexx-IX UNDERTAKING 44

Anexx-X E-Tendering instructions to bidders 45-48

Anexx-III Financial Bid 49

3 Signature of the Contractor

(A Government of India Enterprise)

OFFICE OF THE GENERAL MANAGER TELECOM DISTRICT

ADMINISTRATIVE BUILDING SANCHAR BHAWAN

PILAJI GANJ MEHSANA-384 001

TENDER NO MMTenderMehsana2016-1706 Dated 26102016

NOTICE INVITING TENDER

Online E-Tender is invited for and on behalf of BSNL by the General Manager

Telecom District Mehsana from the eligible contractors for repairing of EPBT amp CLIP

instruments in Mehsana SSA for period of contract for one year from date of award of contract

(issue of FAT) with an option of extension for a further one year at unilaterally by BSNL at the

same rate Terms amp condition of tender with discretion of GMTD Mehsana if required Eligible

contractors should submit eexperience certificate of repairing of EPBT for not less than one year

during last five years in DOTBSNLGovPSUPrivate Sectorfirm

Jurisdiction Estimated

Quantum of work

[In No]

Estimated

cost of tender

Bid

Security

(EMD)

Performan

ce Security

Deposit

Tender

form fee

Mehsana SSA CLIP Instrument-5235

EPBT ndash 3838

Plan Instruments ndash 5

Buttons Key ndash 75

Rs 378300- Rs 9458- 10 of

Estimated

Cost of

Tender

Rs 500-

(Non

refundable)

1 BSNL has decided to use process of e-tendering process for inviting this tender and thus the

physical copy of the tender would not be sold

2 Tender document should be downloaded from the web site wwwgujaratbsnlcoin or wwwtenderbsnlcoin The bidder can participate in the E-tender by downloading tender from httpseprocurementsynisecombsnl1gujarat from 261020161030 hrs to 171120161400hrs

3 Time Last Date amp venue of submission of online bids up to 14=55 hours on

17112016

4 Time Last Date amp venue of submission of Tender fees EMD and others important

document ie MSME Certificate etc submission up to 15=00 hours on 17112016 in the

chamber of Asstt General Manager (MM) Oo GMTD Mehsana 2nd Floor Admn Building

Sanchar Bhawan Pilaji Ganj Mehsana-384001

5 Time Date amp Venue of Bid Opening at 15=00 hours on 17112016 in the chamber of

Asstt General Manager (MM) Oo GMTD Mehsana 2nd Floor Admn Building Sanchar

Bhawan Pilaji Ganj Mehsana-384001

4 Signature of the Contractor

6 The bidders downloading the tender document are required to submit the tender fee

amount through Demand Draft Crossed Bankerrsquos cheque of an amount of Rs 500-

along with applicable EMD in single envelope before tender closing time at box kept for

the purpose at Oo AGM (MM) 2rsquond floor Sanchar Bhawan Pilaji Ganj Mehsana-01 In

case of non-submission of tender fee and EMD bid shall be left archived unopened

rejected The payment will be accepted in the form of Cross Demand Draft drawn on any

Scheduled Bank payable in favor of Accounts Officer (Cash) BSNL Oo GMTD Mehsana

7 Intending eligible bidders downloading the tender document shall have to deposit a Bid Security (EMD) as per mentioned in below table in form of Crossed Demand Draft Bankerrsquos Cheque Pay Order from any Nationalized Scheduled Bank in favour of Accounts Officer (Cash) BSNL Oo GMTD Mehsana payable at Mehsana

8 The MSE units shall be exempted from submission of Tender Fees amp Bid Security deposit on production of requisite proof in respect of valid certification from MSME for the tendered item

9 The tender documents will be submitted online in two part viz (1) Technical Bid amp (2)

Financial Bid Financial bid of only those bidders will be opened whose Technical bid is

completed in all respect

10 Note Any discrepancy found in the downloaded tender document submitted by the

tenderer compared to up loaded tender document the tender document up loaded by BSNL

shall be treated as valid and any changes (found in the tender document submitted by the

tenderer) at any stage 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

(i) The tender which is not accompanied by the requisite Bid security and tender

documents cost for down loaded documents shall be summarily rejected

(ii) Any tender with conditions other than those specified in the tender documents or

incomplete in any respect is liable to be rejected

(iii) Tender will not be acceptedreceived after expiry of date and time If it happens to be

holiday on any of the dates above next working day will be applicable

(iv) The competent authority on behalf of BSNL does not bind himself to accept the lowest

or any other tender amp reserves the right to reject any or all tenders received without

assigning any reason what so ever

(v) Successful bidder may be asked to carry out 25 of the estimated work at any other

location of SSAsite under the jurisdiction of Mehsana SSA at the same rates terms amp

conditions

(vi) All other terms amp conditions and detailed specifications of worksitems shall be as per

tender documents

For any clarification the prospective bidders can contact AGM (MM) Oo GMTD

Mehsana 2nd Floor Admn Building Sanchar Bhawan Pilaji Ganj Mehsana-384001

Asstt General Manager (MM) Oo GMTD Mehsana ndash 384001

5 Signature of the Contractor

SECTION ndash II

BID FORM

Tender No MMTenderMehsana2016-1706 Dated Mehsana the 26102016

To

General Manager

Telecom District Mehsana-384001

Sub Tender for EPBT amp CLIP Instruments Repairing

With reference to above Tender No MMTenderMehsana2016-1706 Dated 26102016

We offer myour Tender on the Terms and Conditions annexed here to and the rates specified in the schedule attached

IWe hereby agree to abide by the fulfill of the all terms and conditions of the contracts hereafter as applicable or in default thereof forfeited to and pay to the BSNL or GMTD Mehsana the some of money mentioned in the said condition without prejudice

The sum of Rs 9458- (Rs Nine Thousand and Four Hundred fifty Eight Only) is enclosed as EMD deposited in DD Vide DD No -------------------- of Bank ---------------------------------------------on Dtd-------------------

IWe also agree to pay security Deposit 10 of tender cost as and when called for within 15 days

We agree to abide by this Bid for the period of 120 days

IWe fails to carry out the work to the specification given in the schedule Security DepositEMD may be forfeited without prejudice to any other right or remedies of the BSNL or GMTD Mehsana

IWe also agree to accept this tender either fully or in part as decided by the competent authority

Signature of the Tenderer

Full Address

Place

Date

6 Signature of the Contractor

SECTION ndash III

(PART ndash I)

Bio-Data of the Bidder

(TO BE SUBMITTED WITH TECHNICAL BID)

1 Name of the Contractor ______________________________________

amp Full address

2 Registration of FirmAgency _____________________________________

Contractor as a Proprietor Or ______________________________________

Partnership Or Ltd Company ______________________________________

3 Service Tax Registration No ______________________________________

(If applicable)

4 PAN No ______________________________________

5 Address of workshop _______________________________________

With Telephone No

6 Registration no with EPF ______________________________________

Authority (If applicable)

Undertaking given in ANNEXURE-V

Bio-data furnished as above by me is true to the best of my knowledge If not found

correct the decision of GMTD Mehsana will be final amp binding to meus

Signature of the Tenderer with seal

7 Signature of the Contractor

SECTION ndash III

(PART ndash II)

CERTIFICATE REGARDING NEAR RLATIVES

1 IWehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipSohelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip resident of helliphelliphelliphelliphellip

hereby certify that none of my near relative(s) as defined in Section IV clause 1u

in the tender document isare employed in BSNL unit as per the details given in

the tender documents In case at any stage it is found that the information given

by me is falseincorrect BSNL shall have absolute right to take any action as

deemed fit without any prior information to me

To be signed by

(A) Signature of Proprietor in case of Proprietorship Firm

(B) Signature of all partners in case of Partnership Firm

a

b

c

d

(C) Signature of all Directors of Company in case of Ltd or Pvt Company

a

b

c helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

d helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(In case of proprietorship firm the certificate will be given by the proprietor

for partnership firm by all partners and in case of limited company by all the

directors of company)

2 The near relatives of all BSNL Employees either directly recruited or on

deputation are prohibited from participation in tenders and execution of

works in the different units of BSNL The detailed guidelines in this

regard are given in the following paragraphs

(i) The near relatives for this purpose are defined as

(a) Members of a Hindu Undivided family

(b) They are husband and wife

(c) The one is related to the other in the manner as father mother

son(s) amp sonrsquos wife (daughter-in-law) Daughter(s) amp daughterrsquos

husband (son-

in-law) brother(s) amp brotherrsquos wife sister(s) amp sisterrsquos husband

(brother-in-law)

8 Signature of the Contractor

(ii) As per BSNL of Indiarsquos CCS Conduct rule 4 no BSNL 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 contract to his official superior

This clause is applicable to all BSNL employees and in view of this as soon as

any BSNL employees 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 EngineerChief ArchtCorporate 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

HeadChief EngineerChief ArchtCorporate office under whom he is posted

(iii) 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

SSACircleChief EngineerChief ArchitectCorporate Office for non executive

employees and all SSA in a circle including circle officeChief Eng Chief Arch

Corporate Office for executive employees (including those called as Gazetted

Officers at present The tenderer should give a certificate that none of hisher

such near relative is working in the units as defined above where he is going to

apply for tenderwork 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

tenderwork will be cancelled and earnest money security deposit will be

forfeited at any stage whenever it is so noticed The BSNL will not pay any

damages to the company or firm or the concerned person The company or

firm or the person will also be debarred for further participation in the

concerned unit

(End of Section III)

9 Signature of the Contractor

Section IV

GENERAL CONDITIONS OF CONTRACT

Bids are invited in two Bid systems Technical Bid (Qualifying) amp Financial Bid (Price

bid)

Method of preparation of Bids

Bids for this tender should be submitted online amp offline in three steps placed as under

these steps should contain the following

Through-

Channel

Bid Envelopes Offline E-tender Online

First-Offline Bid Security (EMD) amp

Tender Fees

DDPay order Bankerrsquos Check for Bid

Security(EMD)amp Tender Fee

Second-Online Tech Bid (Qualifying Bid) Containing documents as per clause 11

of special terms amp conditions

Third-Online Financial Bid (Price bid) Rates quoted by the bidder in

percentage belowabove at par of SOR

The bidder can participate in the E-tender by downloading amp uploads tender from

httpseprocurementsynisecombsnl1gujarat and bidder should submits ldquoTechnical Bidrdquo and

ldquoFinancial Bidrdquo through E-tender site and one envelope the name of Bidder and ldquoTender

fees amp EMD with important documentrdquo may be clearly noted and should be properly

sealed This envelope should bear ldquoTender for Repairing of EPBT amp CLIP instruments in

Mehsana SSArdquo Tender No MM Tender Mehsana 2016-1706 Dated 26102016

DEFINITIONS

The contract means the documents forming the tender and acceptance thereof and the

formal agreement executed between the B S N L and the contractor together with

documents referred to there in including the conditions of contract the specification

designs drawing and instructions issued from time to time by the Official in charge and all

these documents taken together shall be deemed to form one contract and shall be

complementary to one another

1 In the contract the following expressions shall unless where the context otherwise

required have the meaning hereby respectively as signing them

a) The expression (works) or work shall unless there be something either in the subject or

context repugnant to such construction be construed and taken to mean the works by or

by virtue of the contract contracted to be executed whether temporary or permanent

and whether original altered substituted or additional

b) The contractor shall mean the individual or firm or company whether incorporated or

10 Signature of the Contractor

not undertaking the work and shall include the legal personal representative of such

firm or company and the permitted assignees or such individual or the person

composing such firm or company or the successor individual or firm or firms company

c) The designated official nominated representative of the Company means any official

nominated by the GMTD Mehsana to deal with the contractor for making over

material equipment etc to the contractor and to certify the work done by the

contractor

d) The BSNL means the Bharat Sanchar Nigam Limited and his successor

e) GMTD Mehsana

f) The department will mean any office of the BSNL

g) Company means Bharat Sanchar Nigam Limited

h) All reference of -

(i) DepartmentCompany

(ii) General Manager Telecommunications

(iii) Dy General Manager

(iv) Divisional Engineer

(v) Sub Divisional Engineer

(vi) Junior Telecom Officer

(vii) Junior Engineer

(viii) Accounts Officer

(ix) Junior Accounts Officer

In various clauses shall be taken to mean -

i) (i) Bharat Sanchar Nigam Limited a PSU under the Ministry of

Communications Government of India

(ii to ix) The Officers in their respective gradesgroups employed in the company by

whatever designations are assigned to them from time to time and who may be in-charge of

direction execution supervision testing acceptance maintenance of accounts and disposal

of claims from time to time and includes their successors in office Words imparting the

singular number include the plural number and vice-versa

CLAUSES

1 PERIOD OF VALIDITY

Validity of this Bid is 120 days

The rates quoted should be firm and valid for any work that may be issued for period of

11 Signature of the Contractor

one year or up to extended period of contract from the date of issue of final allocation of

the tender or until the completion of the work assigned under each work order whichever is

later

2 LABOUR

a) The contractor shall be responsible for the transportation storage and safe custody of

all EPBT amp CLIP issued to him by the Company The Contractor shall satisfy himself

regularly the quality and quantity of the materials supplied to him and he will be

responsible for any subsequent deterioration and discrepancy (inclusive of theft) in the

quality quantity of the materials

b) The contractor shall submit a proper account every month of all the EPBT amp CLIP

made over to him by the Company and those returned back duly repairs Any

discrepancy or difference between the EPBT amp CLIP issued to the contractor and those

repaired as per the Company s calculation (which shall be final) will be charged to the

contractor or deducted from his bills at cost price including freight handling charges

storage charges etc plus 20 percent departmental charges

c) On completion of the work the contractor shall return to the Company at the latterrsquos

designated store in good condition free of charges any un repaired EPBT amp CLIP that

were supplied by the Company and contractor shall obtain written receipt of goods In

absence of such written receipt it is presumed that goods in question have not been

returned

d) The contractor while taking delivery of EPBT amp CLIP handed over by the Company at

the designated place shall thoroughly inspect all items before taking them over Once

the EPBT amp CLIP are made over to the contractor it shall be his responsibility for safe

custody till taking over of the complete work by the Company Any pilferage damage

etc to the EPBT amp CLIP shall be at the risk and cost of the contractor and charges for

such unaccounted EPBT amp CLIP shall be decided in accordance with (b) above

e) Notwithstanding any thing else herein stated the contractor shall furnish and pay for

all supervision labour tools supplies construction equipment and consumable

materials as may be necessary for the performance of the work and the cost of these

shall be included in the unit repair prices quoted by the Tenderer at the time of

submitting his tender and payable to the contractor

3 GUARANTEE

In addition to any and all other guarantee and warranty mentioned in the contract

documents the contractor guarantees that the entire work will be done in a satisfactory

manner and free from any defect in workmanship and finish and unconformity in all

respect with the specification and direction The contractor also undertakes to repair or

replace as the case may be at his own cost and risk any part of the work which may

damage or that may develop any defects due to bad workmanship or other wise due to the

fault of contractor within a period of agreement

4 METHOD AND MANNER OF PERFORMANCE

The contractor shall be an independent contractor and shall have complete charge of the

men engaged in performance of the work to the performed hereunder and shall perform the

works in accordance with his own methods and at his own risk subject to compliance with

12 Signature of the Contractor

the contract documents The contractor shall throughout the stipulated period of the

contract execute the work in the best contract substantial workmanlike manner and both as

regards manuals and otherwise in respect in strict accordance with the contract documents

or such other additional particulars instruction and drawing as may be found requisite to

be given during execution of the work in force good order among his employees and shall

not employ on the works any unfit person or anyone not capable or not properly qualify to

properly perform the work assigned to him The contractor shall also not employ in respect

of the work or discontinue to employ in respect of the works any employee that the

GMTD MEHSANA SDE may for any reason object to

5 SUB CONTRACTORS

51 The contractor shall not assign subcontract or sublet the whole or any part of the

works covered by the contract or any benefit thereof without the prior written approval of

the GMTD MEHSANA Copies of all agreements entered into with any permitted or sub

contracts including rates for item of work sub-contracted shall be furnished to obtain in

writing prior approval of the GMTD MEHSANA in this behalf before the sub-contract or

the agent or the assignee as the case may be allowed to do work under the contract

52 The GMTD MEHSANA reserves the right to refuse or permit any person or

organization or sub-contractor to particulars in the works covered by the contract The

assignment or sub-contracting or subletting of any such work if permitted by the GMTD

MEHSANA shall not relieve the contractor of any of his liabilities and responsibilities

hereunder the intention being that notwithstanding any assignment or subletting or sub-

contracting the contractor shall be and remain primarily and principally liable to the

Company in terms hereof and for the due fulfillment of the contracted works any assignee

or sub-contractor being regarded merely as the agency of the contractor

53 Each assignee and sub-contractor shall be covered by the contract documents and shall

perform the work which he takes up in accordance with The Company will have the same

privileges and rights with respect to the inspection of work of assignees or sub-contractors

as are provided for under the contract documents governing the work of the contract

54 The contractor shall indemnify and save harmless the Company from and against all

actions suits proceedings loses costs damages charges claims and demands whatsoever

either in law or in enquiry and all costs (inclusive between attorney and client) and charges

and expenses that the Company may sustain suffer or incur arising from or out of or

incidental (to in connection with any act or commission) of the contractor his agent

employee assignee or sub contractor The provision shall also apply to the sub-contractor

or assignee as the case may be

6 REPRESENTATIVE OF THE COMPANY

The Company shall be represented by the GMTD who will be in charge of the work

The Company representative in works site shall be the designated officials or such other

representative as the GMTD MEHSANA may from time to time designate in writing

Notice given in writing by the designated official or GMTD shall be deemed to be

notices given by the Company to the contractor The designated official and such other

representative as GMTD may designate in writing shall be deemed to be authorized

officer to represent the Company in respect of the work of any designated section any

decision agreement or instructions in writing by the Company representative as aforesaid

which is within his powers shall be binding on the contractor

13 Signature of the Contractor

7 REPRESENTATIVE OF CONTRACT

The contractor shall furnish to the Company the scheme of his intended organization and

nominated representative to whom the Company representative can make known decisions

authorizations and interpretations The contractor shall within 10 days after the execution

of the contractagreement notify the Company the name(s) and address(s) of the

representative(s) along with the specimen signature Any change in name and address of

any representative notified aforesaid should be promptly intimated in writing to the

Company Notices given in writing to the representative shall be deemed to be notices

given to contractor This representative shall be fully authorized to represent contractor on

matters involving more than one section of work notification in respect of whom shall

likewise be given to the Company and who shall likewise be the contractors representative

in terms aforesaid

8 INTERPRETATION OF THE CONTRACT DOCUMENTS

The GMTD MEHSANA and the contractor shall in so far as possible by mutual

consultation try and decide upon the meaning and intent of the contract documents In case

of disagreement the dispute will be referred to the sole Arbitrator as provided in the

contract Any change in the contract document shall be set forth in writing by the

representative of the parties hereto It shall be the contractorsrsquo responsibility to thoroughly

familiarize all of his supervisory personnel with the contents of all the contract documents

9 CHANGES EXTRA WORK amp QUANTUM OF WORK

91 Change used herein means a substitution for omission of any work or other

requirement within general scope of the work the performance of the compliance with

which is contemplated by the contract documents

92 Extra work as used herein means any works of compliance with any requirement

other than a change which is not expressly or implied contemplated by the contract

documents and which is necessary to be performed for the proper completion of the

contracted work For the purpose of clarification it is declared that any work or operation

which shall be necessarily incidental to the proper performance of any item of work or part

thereof shall be deemed to have been by implication provided for in the relevant item of

work or part thereof and shall not constitute extra work

93 The GMTD MEHSANA may at his absolute discretion make change in the work

provided for in the contract documents including the commencement of the work and may

require the performance of extra work by the contractor

94 The contractor shall not undertake or make any change or do any work under this

contract unless he has received written instructions from the representative of the

Company

95 The contractor shall not be entitled to any compensation in addition to the contract

price for the performance of any work not envisaged under the contract unless prior to the

performance of such work he has received from the designated official in written

authorization for performance such work

96 For Extra work within the scope of this contract the contractor will receive extra

compensation on the basis of a lump sum unit price as may be agreed upon in advance

between the GMTD MEHSANA and the contractor

14 Signature of the Contractor

97 (a) in cases of such of the works where interpolations of the rates are possible such

rates shall be accepted by both the parties

(b) If the altered additional or substituted work includes any work for which no rates are

specified in the contract for the work can be derived from similar class of work in the

contract than such work shall be carried out at the rate determined by the designated

official on the basis of the prevailing market rates where the work was done

(c) If the rates for the altered additional or substituted work cannot be determined in the

manner specified above then the contractor shall within 7 days of the date of receipt of

order to carry out the work inform the Designated official of the rate which it is his

intention to charge for such class of work supported by analysis of the rate or rates

claimed and the designated official shall determine the rates on the basis of prevailing

market price and pay the contractor accordingly However the Designated official by

notice in writing will be at liberty to cancel his order to carry out such class of work and

arrange to carry it out in such manner as he may consider advisable

98 The quantum of work mentioned in the tender is approximate and subject to vary

However for evaluation purpose the quantum as mentioned in the tender will only be taken

into account

910 The quantum of works (Estimated Cost) of the tender is purely tentative and it can

vary as per requirement of BSNL Mehsana and so successful contractor may not

challenge to BSNL Mehsana in respect to the works of this tender

911 The estimated cost or quantum of work may vary on the basis of actual requirement at

the discretion of GMTD Mehsana limited to + 25 without any change in approved rates

terms amp conditions of contract

10 QUALITY OF WORK

The Company shall be the final judge of the quality of the work and the satisfaction of

the standards in respect thereof set forth in the contract documents Laxity or failure to

enforce compliance with the contract documents by the Company and or its

representative shall not manifest a change or intent or waiver the intention being that

notwithstanding the same the contractor shall be and remain responsible for complete and

proper compliance with the contract documents and the specification therein The

GMTD MEHSANA has the right to prohibit the use of men and any tools materials or

equipments which in his opinion do not produce work or performance meet the

requirement of the contract documents

1l PROTECTION OF WORK

The contractor shall be responsible for all materials equipment furnished or supplied by

the company while in the contractors custody

12 NOTIFICATION

The contractor shall give in writing to the proper person or authority with a copy to the

GMTD MEHSANA such notification as may be mandatory or necessary in connection

with the commencement suspension resumption performance and or completion of the

contracted work All notices shall be given sufficiently in advance of the proposed

operation to permit proper correlation of activities and the contractor shall keep all proper

persons or authority involved regularly advised of the progress or operation through out the

performance of the work together with such other information and or supporting figures

15 Signature of the Contractor

and data as may from time to time as directed or required

13 DELAY IN EXECUTION OF WORK

The Company will make every reasonable effort to furnish the materials required to be

furnished by it under the contract and right of user including the permit required to be

furnished by the Company under the contract and made available in due time so as not to

delay execution of the work The Company will however not be liable to the contractor for

any losses or damages costs charges or expenses that the contractor may in any way

sustain suffer due to delay in making the above available However an extension in time

schedule may be admitted on the above reason

14 SHUT DOWN ON ACCOUNT OF WEATHER CONDITIONS

The contractor shall not be entitled to any compensation whatsoever by reason of

suspension of the whole or any part of the work made necessary by the Company or

deemed advisable on account of bad weather conditions or other unavoidable conditions

15 SECURITY DEPOSIT amp EARNEST MONEY DEPOSIT

EMD (Bid Security) is Rs 9458- amp Performance Security Deposit (PBG) is 10 of

Estimated Tender Cost

151 The security deposit or a part thereof or such balance thereof if any as may remain

after deduction there from in respect of any outstanding bills of the contractor to the

Company shall be paid back to the contractor after termination of contract on expiry of

contract period The contractor shall remain liable to the Company in respect of any

shortfall or discharge of liabilities notwithstanding return of security deposit or any part

thereof The security deposit is required to protect the company against the risk of the

tendererrsquos conduct and breach of contract in which case it would be forfeited without

prejudice to any other action that the company may take against the contractor

152 No interest will be payable on the earnest money or the security deposit or amount

payable to the contractor under the contract

153 Tenderer shall furnish as part of his bid a bid security (Earnest Money Deposit) for a

specified amount The Tenderer (Small scale Units) who are registered with National

Small Scale Industries Corporation under Single Point Registration Scheme are exempted

from bid security (Earnest Money Deposit) up to the amount equal to their monetary limit

In case of Tenderer having monetary limit as no limit the exemption will be limited to Rs

5000000- (Rs Fifty lakhs) only as per the existing policy of Company A proof regarding

current registration with NSIC for the Tendered Item will have to be attached along with

the bid

154 The bid security (Earnest Money Deposit) is required to protect the company against

the risk of tenderers conduct which would warrant the EMD forfeiture pursuant to Para

159

155 The bid security (Earnest Money Deposit) shall be in the form of cash or a Demand

DraftBankerrsquo chequePay order from any NationalizedSchedule Bank payable at

MEHSANA in favour of the AO (cash) BSNL Oo GMTD MEHSANA Payment in any

other form is not acceptable Any Small Scale Industry Firm claiming exemption from the

payment of bid security (Earnest Money Deposit) should submit the copy of the current

registration with National Small Industries Corporation (NSIC) for the tendered items No

16 Signature of the Contractor

interest on bid securityEMD payable

156 A Bid not secured in accordance with Para 153 amp 155 shall be rejected by the

company

157 The bid security (Ernest Money Deposit) of the unsuccessful bidder will be discharged

returned as promptly as possible and no claim whatsoever in this respect would be

entertained

158 The successful bidderrsquos bid security (Earnest Money Deposit) will be returned after

the bidderrsquos acceptance of the tender amp performance security deposit

159 The bid security (Earnest Money Deposit) will be forfeited

a) If the Tenderer withdraws his bid during the period of bid validity specified by

the Tenderer on the Bid form Rate sheet Price Bid or

b) In the case of a successful Tenderer if the bidder fails

i) to sign the Agreement contract amp

ii) to furnish Security Deposit

1510 The performance security deposit (PSD) deposited by the successful bidder in the

form of Cash or in PBG will be released after successful completion of contract and no due

pending against him

16 INSPECTIONS AND TESTING

The GMTD MEHSANA or his representative or any of the officers shall have free

access to the work site at all time for inspection The contractor shall render to the

representative of the company all possible assistants and facilities for the purpose

17 ASSESSMENTS PERMITS LICENCES AND OTHER FACILITIES

17l The contractor shall obtain provide at his own cost all assessments permits and

licenses necessary to do its work

172 The contractor shall be responsible for obtaining at his expense such licenses

permitfacilities as are necessary for the contractor to operate and do business in the

republic of India and in the state in which the work is to be performed

173 The contractor will not be entitled to extra compensation for hardship and increase in

cost Some cases may necessitate special method of execution of work and such

contingency shall deemed to have been provided for in the rates

18 PROTECTION OF LIFE AND PROPERTY AND EXISTING FACILITIES

181 The contractor is fully responsible for taking all possible safety precautions during

preparation for and actual performance of the work

182 The contractor shall undertake to indemnify and keep indemnified the Company from

and against all actions cause of actions damages claims and demand whatsoever either in

law or in inquiry and all losses and damages and costs (inclusive between attorney and

client) charges and expenses in connection there with and or incidental thereto The

contractor shall take all responsibility and risk in the execution of the work

183 It shall be the responsibility of the contractor to see that his employees or any other

person does not misbehave with anybody in company

17 Signature of the Contractor

19 INDEMNITIES

191 The contractor shall at all time hold the Company harmless and indemnify from

against all actions suits proceeding work cost damages charge claims and demand of

every nature and description brought or procured against the Company its officer and

employee and forth with upon demand and without pretest or demur to pay to the

Company any and all losses and damages and cost (inclusive between attorney and client)

and all costs incurred in endorsing this or any other indemnities or security which the

Company may now or at any time have related to the work or the contractors obligations

or in protecting or endorsing its right in any suit or other legal proceeding charges and

liabilities resulting from or incidental or in connection with injury disease or disablement

or death of any person (s) including employee of the contractor or damage to the property

resulting from or arising out of or in any way connected with or incidental to the operator

cause by the contractor documents In addition the contractor shall reimburse the Company

or pay to the Company forthwith on demand without protest or demure all costs charges

and expenses and losses and damages otherwise incurred by it in consequence of any

demands and actions which may be brought against the Company arising out of or

incidental or in connection with the operation covered by the contractor

192 The contractor shall at his own cost at the Company request defend any suit or other

proceeding asserting a claim covered by this indemnity but shall not settle compound or

compromise such suit or other finding without first consulting the Company

20 COMPLIANCE WITH LAW AND REGULATIONS

201 During the performance of the work the contractor shall at his own cost and initiative

fully comply with all applicable law of the land and with any and all applicable by-laws

rules regulations and orders and any other provision having in forces of any Company

Company agencies or department municipal board Company or other regulatory or

authorized body of person and shall provide all certificate of compliance therewith as may

be required by such applicable law by-law rules regulation orders or provision The

contractor shall assume full responsibility for the payment of all contributions and pay roll

taxes as to its employee servants or agent engaged in the performance of the work

specified in the contract documents The contractor require any assignee or sub-contractor

to whom any portion of the work to be performed hereunder may be assigned subleased

or sub-contracted to comply with the provision of the clause and in this connection the

contractor agrees as to undertake to save and hold the Company harmless and indemnified

from and against anyall penalty actions suits losses and damages claims and demands

and cost (inclusive between attorney and client) charges and expenses whatsoever arising

out of occasioned indirectly or directly by failure of the contractor or any assignee or

sub-contractor to make full and proper compliance with the said by-laws rules regulation

law and order and provision as aforesaid

202 Subject to the provisions of the contractor labour (Abolition and regulation Act

1970) the contractor shall not commence actual work unless he produces a receipt from

the concerned licensing authority that he has applied for licensees from the prescribed

licensing authority which may be produced within the period of 15 days or commencing

the work

203 Contractor will have to carry out the work under the rules and regulation of Labour

Act

18 Signature of the Contractor

21 OPTIONAL TERMINATION BY COMPANY (OTHER THAN DUE DEFAULT OF

CONTRACTOR)

211 The Company may at any time at its option cancel and terminate this contract by

written notice to the contractor in which event the contractor shall be entitled for payment

for the work done upto the time of such cancellation

212 In the event of the termination of the contract the contractor shall forthwith hand over

possession of the EPBT amp CLIP Concerned to the company or as the company may direct

213 The Company may at its option cancel or omit the execution of one or more items

of work under this contract and any part of such item(s) without any compensation

whatsoever to the contractor

22 TAXES AND DUTIES

Contractor shall pay all rates levies fees royalties taxes and duties except service tax

payable or arising from out of by virtue of or in connection withor incidental to the

contract or any of the parties in terms of the contract documents andor in respect of the

works or operation(s) or any part thereof to be performed by the contractor and the

contractor shall indemnify and keep indemnified the company from and against the same

or any default by the contractor in the payment thereof other taxes imposed by the

Government will be borne by the contractors Service tax will be paid by BSNL provided

that service tax particulars supplied amp claimed in bills

23 BREACH OF CONTRACT

The Designated officialnominated representative may without prejudice to his right

against the contractor in respect of any delay or inferior workmanship or otherwise or to

any claims of damage in respect of any breaches of the contract and without prejudice to

any rights or remedies under any of the provisions of this contract or otherwise and

whether the date for completion has or has not elapsed by notice in writing absolutely

determine the contract in any of the following cases -

(i) If the contractor having been given by the designated official nominated

representative a notice in writing to rectify reconstruct or replace any defective work or

that the work is being performed in any inefficient or otherwise improper or un work

manlike manner shall omit to comply with the requirements of such notice for a period of

fifteen days thereafter or if the contractor shall delay or suspend the execution of the work

so that either in the judgment of the Designated official (which shall be final and binding)

he will be unable to secure completion of the work by the date for completion or he has

already failed to complete the work by that date

(ii) If the contractor being a company shall pass a resolution or the court shall make an

order that the company shall be wound up or if a receiver or a manager on behalf of a

creditor shall be appointed or if circumstances shall arise which entitle the court or creditor

to appoint a receiver or a manager or which entitle the court to make a winding up order

(iii) If the contractor commits breach of any of the terms and conditions of this contract

(iv) If the contractor commits any acts mentioned in clause thereof

24 When the contractor has made himself liable for action under any of the aforesaid

19 Signature of the Contractor

clauses the Designated official on behalf of the company shall have powers -

(a) To determine or rescind or terminate the contract as aforesaid (of which termination

or rescission notice in writing to the contractor under the hand of the Designated

officialnominated representative shall be conclusive evidence) Upon such determination

or rescission the Security deposit of the contractor shall be liable to be forfeited and shall

be absolutely at the disposal of Company Notice for period of 15days will be received

from the date of issue of notice

(b) To employ other agency paid by the company and to supply materials to carry out the

works or part of the work debiting the contractor with the cost of the work and the price of

the materials (of the amount of which cost and price certified by the Designated official

shall be final and conclusive against the contractor) and crediting him with the value of the

work done in all respects in the same manner and the rates as if it had been carried out by

the contractor under the terms of the contract The certificate of the GMTD-MEHSANA as

to the value of the work done shall be final and conclusive against the contractor provided

always that action under the sub-clause shall only be taken after giving notice in writing to

the contractor Provided also that if the expenses incurred by the company are less than the

amount payable to the contractor at his agreement rates the difference should not be paid

to the contractor

(c) After giving notice to the contractor to measure up the work of the contractor and to

take such part thereof as shall be unexecuted out of his hands and to give it to another

contractor to complete in which case any expenses which may be incurred in excess of the

sum which would have been paid to the original contractor if the whole work has been

executed by him (of the amount of which excess the certificate in writing of the Designated

official shall be final and conclusive) shall be borne and paid by the original contractor and

may be deducted from any money due to him by company under this con tract or on any

other account whatsoever or from his security deposit or the proceeds of sales thereof or a

sufficient part thereof as the case may be

25 In the event of any one or more of the above courses being adopted by Designated

official the contractor shall have no claim to compensation for any loss sustained by him

by reason of his having purely leased or procured any materials or equipment or entered

into any agreement or made any advances account or with a view to the execution or the

work or the performance of the contract and in case action is taken under any of the

provisions aforesaid the contractor shall not be entitled to recover or be paid any sum for

any work thereto or actually performed under this contract unless and until Designated

official has certified in writing the performance of such work and the value payable in

respect thereof and he shall only be entitled to be paid the value so certified

26 In any case in which any of the powers conferred upon the Designated official by

clause 24 thereof shall have become exercisable and the same shall not be exercised the

non exercise thereof shall not constitute a waiver of any of the conditions hereof and such

powers shall notwithstanding be exercisable in the event of any future case of default by

the contractor and the liability of the contractor for compensation shall remain unaffected

In the event of the Designated official putting in force all or any of the powers vested in

him under the proceeding clause he may if he so desires after giving a notice in writing to

the contractor take possession of (or at the sole discretion of the Designated official which

shall be final) use as on hire (the amount of the hire money being also in the final

determination of the Designated official) all or any tools materials and stores in or upon

the works or the materials belonging to the contractor or procured by the contractor and

20 Signature of the Contractor

intended to be used for the execution of the contract or any part thereof paying or

allowing for the same amount at the contract rates or in the case of these not being

applicable at current market rates to be certified by the Designated official whose

certificate thereof shall be final otherwise the Designated official by notice in writing may

order the contractor or his clerk of the works foremen or other authorized agent to remove

such tools plants materials stores from the premises (within and time to be specified to

comply with any such requisition the Designated official may remove them all at

contractors expense or sell them by auction or private sale on account of the contractor and

it his risk in all respects and the certificate of the Designated official as to the expense of

any such removal and the amount of the proceeds and expenses of any such sale shall be

final and conclusive against the contractor

27 If the contractor shall desire an extension of time for completion of the work on the

grounds of his having been unavoidably hindered in its execution or on any other ground

he shall apply in writing to the Designated official within seven days of the date of

hindrance on account of which he desired such extension as aforesaid and the Designated

official shall if in his opinion (which shall be final) reasonable grounds be shown

therefore authorize such extension of time if any as may in his opinion be necessary or

proper

28 If at any time after the commencement of the work the company for any reason

whatsoever not require the whole thereof as specified in the tender to be carried out the

Designated official shall give notice in writing of the fact to the contractor who shall have

no claim to any payment of compensation whatsoever on account of any profit or

advantage which he might have derived from the execution of the work in full but which

he did not derive in consequence of the full amount of the work not having been carried

out neither shall he have any claim for compensation by reason of any alterations having

been made in the original specifications drawings designs and instructions which shall

involve any curtailment of the work as originally contemplated

29 INSPECTION

All work under or in course of execution or executed in pursuance of the contract shall at

all times be open to the inspection and supervision of the Designated official and his

authorized subordinates and the contractor shall at all times during the usual working hours

and at all other times at which reasonable notice of the intention of the Designated official

or his subordinate visit the works shall have been given to the contractor either himself be

present to receive order and instructions or have a responsible agent duly a credited in

writing present for that purpose Orders given to the contractors agent shall be considered

to have the same force as if they had been given to the contractor himself

30 WORKMENS COMPENSATION

In every case in which by virtue of the provisions of section 12 sub-section

(i) of the workmenrsquos compensation Act 1923 Company is obliged to pay compensation to

a workman employed by the contractor in execution of the works Company will recover

from the contractor the amount of the compensation so paid and without prejudice to the

rights of the Company under section 12 Sub section

(ii) of the said Act Company shall be at liberty to recover such amount or any part thereof

by deducting it from the security deposit or from any sum due by the company to the

contractor whether under this contract or otherwise Company shall not be bound to contest

21 Signature of the Contractor

any claim made against it under section-12 subsection (i) of the said Act except on the

written request of the contractor and upon his giving to company full security for all costs

for which Company might become liable in consequence of contesting such claim

31 LABOUR WELFARE

311 In every case in which by virtue of the provisions of the contract Labour (Regulation

and Abolition) Act 1970 and of the contract labour (Regulation and abolition) Central

Rules 1971 Company is liable to pay any amounts of wages to a workman employed by

the contractor in execution of the works or to incur any expenditure in providing welfare

and health amenities required to be provided under the above said Act and the Rules under

clause 19 to 19 J and 20 of PWD-8 or under the CPWD Contractors Labour

Regulations or under the Rules framed by Government from time to time for the

protection of health and sanitary arrangements for workers employed by CPWD

contractors company will recover from the contractor the amount of wages so paid or the

amount of expenditure so incurred and without prejudice to the right of the Government

under section 20 sub-section (ii) and section 21 sub-section (4) of the contractor Labour

(Regulation and Abolition) Act 1970 company shall be at liberty to recover such amount or

any part thereof by deducting it from the security deposit or from any sum due by the

company to the contractor whether under this agreement or otherwise company shall not

be bound to contest any claim made against it under section 20 except on the written

request of the contractor and upon his giving to the company full security for all costs for

which Government might become liable in contesting such claim

312 The contractor shall obtain a valid licence (If required depending upon the number of

persons engaged and the nature of the work intended) under the contract Labour (RampA)

Act 1970 and the contract labour (R amp A) Central Rules 1971 before the commencement

of the work and continue to have a valid license until the completion of the work

313 Any failure to fulfill this requirement shall attract the penal provisions of this

contract arising out of the resultant non-execution of the work

314 No person below the age of (18) eighteen years shall be employed on the work

32 FAIR WAGES

(a) The contractor shall pay to persons employed by him either directly or through sub-

contractor wages not less than fair wages as defined in the CPWD Contractors Labour

(Regulations and Abolition) Act 1970 and the contract labour (Regulation and Abolition)

Central Rules 1971 wherever applicable

(b) The contractor shall notwithstanding the previsions of any contract to the contrary

cause to be paid fair wages to persons indirectly engaged on the work including any

labour engaged by his sub contractor in connection with the said work as if the labour had

been immediately employed by him

(c) The General Manager Telecom District MEHSANA or his subordinate officer

concerned shall have the right to deduct from the money due to the contractor any sum

required or estimated to be required for making good the loss suffered by a worker or

workers by reasons of non-fulfillment of the conditions of the contract for the benefit of

the workers non payment of wages or of deduction made from his or their wages are not

justified by their terms of the contract or non-observance of the Regulations

22 Signature of the Contractor

(d) The contractor shall comply with the provisions of the payment of wages Act 1936

Minimum wages Act 1948 Employees Liability Act 1938 Workmenrsquos compensation Act

1923 Industrial Disputes Act 1947 Maternity Benefits Act 1961 and the contractorrsquos

Labour (regulation and abolition) Act 1970 or the modifications there of or any other laws

relating thereto and the rules made there under from time to time

(e) The contractor shall indemnify Government against payments to be made under and

for the observance of the laws aforesaid without prejudice to his right to claim indemnity

from his sub-contractors

(f) The regulations aforesaid shall be deemed to be a part of this contract and any breach

thereof shall be deemed to be a breach of this contract

33 OTHER LABOUR WELFARE MEASURES

The contractor shall comply with all the provision of the Minimum wages Act 1948

Contractor Labour (R amp A) Act 1970 and rules framed and other labour laws affecting

contract labour that may be brought into force from time to time

34 The contract shall not assign or sublet without the written approval of the GMTD

MEHSANA or his nominated representative and if the contractor shall assign or sublet his

contract or attempt so to do or become insolvent or commence any insolvency proceeding

or make any composition with his creditors or attempt so to do or if any bribe gratuity

gift loan perquisite reward or advantage pecuniary or otherwise shall either directly or

indirectly be given promised or offered by the contractor or any of his servants or agent to

any public officer or person in the employ of Government in any way relating of his office

or employment or if any such officer or person shall become in any way directly or

indirectly interested in the contract the Designated official on behalf of the President of

India shall have power to adopt any of the coursed specified in clause 24 as he may deem

best suited in the interest of Government and in the event of any of these course being

adopted the consequences specified in the said clause 24

35 All sums payable by way of compensation under any of these conditions shall be

considered as reasonable compensation to be applied to the use of Government without

reference to the actual loss or damage sustained and whether or not any damage shall have

been sustained

36 PARTNERSHIP FIRMS

Where the contractor is a partnership firm the previous approval in writing of the

Designated officialnominated representative shall be obtained before any change is made

in the constitution of the firm Where the contractor is an individual or a Hindu undivided

family business concern such approval as aforesaid shall like wise be obtained before the

contractor enters into any partnership agreement where under the partnership firm would

have the right to carry out the work hereby undertaken by the contractor If previous

approval as aforesaid is not obtained the contract shall be deemed to have been assigned in

contravention of Clause hereof and the same action may be taken and the same

consequence shall ensure as provided in the said clause

37 All works to be executed under the contact shall be executed under the direction and

subject to the approval in all respected of the Designated official who shall be entitled to

direct at what point or points and in what manner they are to be commenced and from time

to time carried on

23 Signature of the Contractor

38 Whenever any claim against the contractor for the payment of a sum or money arises

out of or under the contract Government shall be entitled to recover such sum by

appropriating in part or whole the security deposit of the contractor and to sell any

Government Promissory Notes etc forming the whole or part of such security In the event

of the security being insufficient or if no security has been taken from the contractor then

the balance or the total sum recoverable as the case may be shall be deducted from any

sum then due or which at any time thereafter may become due to the contractor under this

or any other contract with Government Should this sum be not sufficient to cover the full

amount recoverable the contract shall pay to Government on demand the balance

remaining dues

39 AUDITS AND TECHNICAL EXAMINATION

391 Company shall have the right to cause an audit and technical examination of the

works and the final bills of the contractor including all supporting vouchers abstract etc to

be made after payment of the final bill and if as a result of such audit and technical

examination any sum is found to have been overpaid in respect of any work done by the

contractor under the contract or any work claimed by him to have been done by him under

the contract and found to have amount of over payment and it shall be liable to refund the

amount of over payment and it shall be lawful for Company to recover the same from him

in the manner prescribed or in any other manner legally permissible and if it is found that

the contractor was paid less than what was due to him under the contract in respect of any

work executed by him under it the amount of such under payment shall be duly paid by

Company to the contractor

392 Any sum of money due and payable to the contractor (including Security Deposit

returnable to him) under this contract may be appropriated by the Company and set off

against any claim of the Company for the payment of a sum or money arising out of or

under any other contract made by the contractor with the Company

40 Contractor shall not enter into agreement with any other unit on approved tender of

GMTD MEHSANA without prior approval of the General Manager Telecom District

MEHSANA

41 Without prejudice to any of the rights or remedies under this contract if the contractor

dies the GMTD MEHSANA on behalf of the company shall have the option of

terminating the contract without compensation to the contractor

42 No Engineer of gazetted rank or other gazetted officer employed in Engineering or

administrative duties in an Engineering Department of the Government of India is allowed

to work as contractor for a period of two years of his retirement from Government service

without the prior permission of Government of India This contract is liable to be canceled

if either person who had not obtained the permission of Government of India as aforesaid

before submission of the tender or engagement in the contractors service as the case may

be

43 COMPENSATION FOR DELAY The time allowed for carrying out the work as

mentioned shall be strictly observed by the contractor and shall be deemed to be of the

essence of the contract on the part of the contractor However for special jobs if the

contractor has submitted a time schedule and the same has been accepted by the designated

officialnominated representative of the company the contractor shall comply with the

said time schedule

24 Signature of the Contractor

44 TIME LIMIT amp LIQUIDATED DAMAGE CHARGES

441 It will be at the discretion of the GMTD MEHSANA to revise or modify or extend

the time limits specified for the total work awarded to the contractor or to further specify

the quantum of work to be completed within a specified period provided a written request

has been received from the contractor explaining the reasons for which such extension of

time is asked for and the GMTD MEHSANA in the particular case is convinced and

satisfied that such extension or revision or modification is in the interest of the

Government In such cases payment of liquidated damage as compensation for delay

becomes liable based on such revised or modified or extended time limits and the

conditions under which such extension or modification or revision has been made

Liquidated damage will be charged as per Special Condition clause No2 amp 3 read as

under

1 Delay in collection - Rs5- per instrument per week or part there of for entire lot of

unserviceable instruments collected delayed subject to a maximum Rs20- per instrument

in case timely collection is not done as per 2(b) of special conditions

2 Delay in delivery- Rs2- per week or part there of on the entire lot of instruments

delivered delayed in case of delivery not made timely as per Para 3 of Special conditions

442 The contractor shall have to complete the contractual work within stipulated period

and it is very clearly understood between the parties that the time is made the essence of

contract

45 The Company assumes no responsibility whatever for any oral understandings or

representations made by any its officers or agents or servants prior to the execution of the

contract and all previous negotiations and understandings are hereby canceled

46 STORERSMATERIAL SUPPLIED BY THE GOVERNMENT

All materials supplied to the contractor by the company shall remain the absolute

property of Company and shall not be removed from site of the work except for use in the

work and shall be at all times open to inspection by Designated official

47 In the event of the contractor being adjudged insolvent or going voluntarily into

liquidation or having received order or other order under insolvency Act made against him

or in the case of a company of the passing of any resolution or making of any order for

winding up weather voluntarily or otherwise or in the event of the contractor failing to

comply with any of the conditions herein specified the GMTDMEHSANA shall have

the power to terminate the contract without previous notice

48 ACCEPTANCES AND MEASUREMENT

481 It is important that the work carried out by contractor is approved by the designated

official nominated representative of the company

482 The designated official nominated representative of the Govt and the contractor or

his authorized representative will certify under their signature at the appropriate places that

the work carried out is as per the specification

49 PRICE VARIATION

25 Signature of the Contractor

The Company shall not be responsible for any escalation in prices of labour or materials

machinery equipment etc whatsoever or any increase in any duties levies or taxes in

respect thereof whatsoever and the contractor rates and contractors obligations shall

remain unaffected by such escalation and or increases

50 FORCE MAJEURE

In the event of either party being rendered unable by force majeure to perform this

contract than the obligations of the party effected by such force majeure shall be

suspended for the whole period during which such cause lasts and until normal operation

are resumed and when such cause ends the execution of this contract must be resumed

with all responsible dispatch should the execution of this contract be suspended by force

majeure than a corresponding extension of the completion date shall be automatically

granted The occurrence of a cause of force majeure however shall not relieve the

company and its obligation to make payment to the contractor for the work satisfactorily

executed prior thereto The terms force majeure as employed herein shall mean act of God

war declared or undeclared hostilities enemy actions revolts riots legal lock outs and

eligible strikes tidal waves forest fires major floods explosions earth quakes epidemics

sabotage extra ordinary act and Regulation of central or state Government or Municipality

Bodies Upon the occurrence of such causes and its termination the parties rendered unable

as aforesaid shall notified the other party in writing within 72 hours of the beginning and

ending dates giving full particulars and evidences if required

51 PAYMENTS

The contractor shall prepare the bills claiming shown as labour cost and material cost

separately The contractor shall submit the bills within 30 days after completion of the

work duly certified by the designated officialnominated representative of company

GMTD MEHSANA has full right to disallow the payment of the bills received after 30

days of completion of work

52 The GMTD MEHSANA may however at his discretion allow the contractor to

submit fortnightly bills or at the end of each work

53Income tax at the rate in force at that time would be deducted from his payments of bills

as Tax deducted at source However if any new legislation comes into effect for

deduction of tax at source at any other rate deduction will be made at that rate

The GMTD MEHSANA will issue necessary Income tax deduction certificate or the

Accounts Officer detailing the amount so deducted As Tax Deducted at Source at the time

of payment or each bill

54 The Tenderer should submit all requisite documents including EPF related documents

as per clause in tender terms amp conditions and special conditions along with the bill if

applicable

55 PAYMENT PROCEDURE

551 The bills are to be submitted in TRIPLICATE and in the manner and form that may

be prescribed by the GMTD MEHSANA from time to time ldquoAccounts Payeerdquo cheque

for amount passed in the bill will be issued only after the contractor gives a stamped

receipt for the amount unless the bills are pre-receipt Only Accounts Payee Cheques

drawn on the branch of the state bank of India or other bank in which the GMTD or the

26 Signature of the Contractor

Accounts Officer may be having drawing assignment account will make payments The

payments will be made either by the Accounts Officer or by any other official who at any

period of time may be convenient to the company

552 Any liquidated damages due shall also be recoverable from the bills submitted for the

payment by the aforesaid officer

553 The security deposit with the GMTD Shall be considered for adjustment against

liquidated damages only at the time of final conclusion of the contract and final settlement

of account

554 The GMTD MEHSANA will have e the right to recover liquidated damages for

delay or slow progress of the works from the bills submitted for payment

555 The final settlement of the bills and refund adjustmentappropriation of any amount

detained from the running bill of the contractor shall be made fully after the GMTD is

satisfied that all the contractual obligation have been fully met and no amount remain due

for recovery from the contractor on any count Unless there are specific reasons all

accounts are expected to be settled within a period of six months from the date of

completion of the works in all respects

56 FINAL ACCEPTANCE

If any of the work is found to be unsatisfactory by the designated officialnominated

representative of the govt the contractor shall be intimated in writing of the corrections

repairing to be carried out The contractor shall be required to correct all defects that

remain evident at any time prior to final acceptance of the contractors works by the

GMTD MEHSANA The cost of all such repairs and corrections shall be borne by the

contractor Failure or neglect on the part of the GMTD MEHSANA or his representative

to confirm or reject inferior work notwithstanding final acceptance of the work or any part

thereof by the company THE GMTD MEHSANA Designated official or his

representative shall not be construed to imply the acceptance of such work The provision

of this clause shall not in any way affect or limit the contractors liability under the

undertaking and guarantee contained in the contract documents

57 DISPUTES AND ARBITRATION

All dispute arising between the contractor and GMTD MEHSANA out of this contract

shall be referred to the sole arbitration in the following manners -

a) In case parties are unable to reach a settlement by themselves the dispute should be

submitted for arbitration in accordance with contract agreement

b) There should not be a joint submission with the contractor to the sole arbitrator

c) Each party should submit its own claimed severely and may oppose the claim put

forward by the other party

d) The onus of establishing his claims will be left to the contractor

e) His claim will be firmly resisted by utilizing all the evidence available with the

company

27 Signature of the Contractor

f) Once a claim has been included in the submission by the contractor a retraction or

modification thereof will be opposed

g) The Point of Defense will be based on actual condition of the contract

h) The question whether these conditions are equitable shall not receive any consideration

in the preparation of Points of Defense

i) The arbitrator shall not entertain claims in the nature of ex-gratia payments as these

are not contractual

j) If the contractor including such claims in his submission the fact that they are not

contractual will be prominently placed before the arbitrator

k) In case the amount involved is heavy the sole arbitrator may be within his rights to

conduct the defense by the government pleader

The award of the sole arbitrator shall be final and binding on the parties to the dispute It

is further agreed that reference to the sole arbitration of officer appointed as arbitrator is

conditions precedent and none will be entitled to move the court without referring the

matter to sole arbitrator

58 Contractor should produce latest Income Tax CertificateSales Tax registration

certificate

59GMTD Mehsana reserves the rights to terminate RRC for breach of

conditionconditions of the agreement after giving a show cause notice of 14 days and after

examining reply if any filed by him pursuance to show cause notice

60 GMTD Mehsana reserves the rights to engaged one or more contractors for this work

61 Rates to be quoted in ANNEXURE ndash III Financial Bid in separate sealed cover and

declaration to be given in ANNEXURE-II-A amp ANNEXURE ndash II B duly signed by all

partnersdirectors of the companyfirm

28 Signature of the Contractor

SECTION ndash V

SPCECIAL CONDITIONS

Work Orders shall be issued by concerned SDE approved by DE

1 Scope of the work Repairing of faulty electronic CLIP push button telephone

instruments buttons key including plan instrument It shall cover all instruments

including those having PCB Display of CLI and burnt out due to their connections

to powers inadvertently but excluding PBT with bakelite portion broken

discolored

2 Collection of faulty instruments

A For lifting of faulty instruments the minimum lot size will be of 20 units

the SDEexchange in charge will intimate the quantity of faulty instruments

accumulated with him over telephone or by FAX to the contractor

B The contractor shall ensure the collection of the faulty instruments within

three working days of the date at giving work order or intimation over telephone or

by FAX on working days between 10 AM to 17 PM at his cost

C The contractor shall acknowledge the receipt of the faulty instruments made

over to him

3 Duration of repair

A The contractor shall repair the faulty instruments at his own work-shop and

return the same to SDEexchange in-charge concerned at his own cost within one

week of its collection (for calculating one week the day of collection and day of

handing over will be inclusive)

B After carrying out repairs of the faulty instruments the contractor shall

offer the instruments to SDEExchange in-charge or JTO nominated by him for

inspection and testing one day before the expiry of schedule delivery date The

decision of the inspecting officer as to accept the repaired instruments will be final

and binding on contractor

C The contractor shall pack each repaired instrument suitably in a

polythene bag after polishingbuffing while returning them to SDE

D The contractor shall paste stiker with date of repairing on back side of

each repaired instrument while returning them to SDE

E The repaired instruments shall be returned back to the same SDEExchange

in-charge unless specified otherwise from where these instruments were collected

for repairs

4 Warranty repair

The contractor will undertake quality repair which will ensure the normal

troubledefect free performance of the instruments for a period of 12 months from

the date of inspection and clearance In case the repaired instruments develops

any defect or any deficiency or fault ie it becomes faulty during the warranty

29 Signature of the Contractor

period the contractor shall rectify repair and remedy such defects deficiency in the

repaired instruments at his own cost and expenses

5 A Method of evaluation

Tenders will be evaluated with reference to the total cost worked out by

multiplying rates quoted by Tenderer with approximate number of EPBT amp

CLIP Instruments as shown in the price bid

B Reports

1 The contractor shall furnish a summary of fault found and namedetails of

the components replaced in the instruments repaired while offering them for

inspection

2 The contractor shall also furnish a quarterly analysis of faulty and repaired

batch wise as per Annexure-I

6 Quality of components

The contractor shall use good quality components for repairs of the instruments

The replaced parts should be purchased by the contractor from DOT approved

source s

7 Liquidated damage

1 Delay in collection Rs 5- per instruments per week or part thereof for

entire lot of unserviceable instruments collected delayed subject to a

maximum of Rs 20- per instruments In case timely collection is not don as

per Para 2(B) above

2 Delay in delivery Rs2 per instrument per week or part thereof on the

entire lot of instruments delivered delayed in case delivery not made timely

as per Para 3 above

8 Quantum of EMD and PSD

EMD as per NIT - to be paid either in cash or in form of DDBankerrsquos

ChequePay Order from NationalizedScheduled Bank in favour of Accounts

Officer (Cash) BSNL Oo GMTD ndash Mehsana payable at Mehsana

Performance Security Deposit 10 of estimated cost of tender payable either in cash or DD or in form of Bank guarantee

from Nationalized BankScheduled Bank for a period of 24 months which will be released or refunded after successful

completion of contract and no due pending against contractor 9 Extension of validity of RRC period Period of RRC will normally

be one year However GMTD Mehsana reserves the right to extend it for a further period of six months or one year or part

there of under the same rates and terms and conditions

Estimated cost for the second year or part there of shall be considered same as approved for first year or part

there of on pro-rata basis

30 Signature of the Contractor

10 Eligibility The bidder should have

Experience of repairing of CLIP or EPBT Instruments in DOTBSNLGovt

PSU Private SectorFirm for one year during last five years as per NIT

11 Documents to be submitted with Technical Bid (Qualifying Bid) to establish

their eligibility for bidding

111 Experience certificate (self attested copy) issued by not below the rank of DEAGM in

DOTBSNLGovtPSUPrivate SectorFirm as required under clause 10 above

112 Self attested Copy of registration of firm (not required for proprietorship)

113 For EPF particulars submit the EPF registration certificate if applicable

(If not applicable submit the clarification as to how not applicable and submit

undertaking on Non judicial stamp paper of Rs 50- regarding submission of it within

one month after the agreement with BSNL Mehsana) If the firms which are under

partnership deed Company Pvt Ltd shall have to submit EPF registration certificate

If not obtain they shall have to obtain the earliest and latest by the time of agreement

They shall have to submit necessary undertaking certificate for this in ANNEXURE-

VI

114 Self attested Copy of Registration particulars with Central Excise for Service Tax If

undertaking is given he shall have to submit within one month before agreement failing

which there will be no agreement (If Service tax is not applicable he shall have to

submit reasons as to how it is not applicable)

115 Partnership deed amp power of attorney who has signed the bid (self attested copy) if

applicable

116 Bio-data of Tenderer in ANNAXURE--IV

117 Declaration to be given in ANNEXURE-II A amp II B

12 Rates to be quoted in ANNEXURE-III In Financial Bid to be submitted separately

in sealed cover

13 GMTD Mehsana reserves the rights to terminate RRC for breach of condition

conditions of the agreement after giving a show cause notice of 14 days and after

examination reply if any filled by him pursuance to show cause notice

14 EPF contribution in respect of LabourEmployees employed by the contractor for

execution of works of BSNL if applicable The contractor will have to

fulfillcompliance of the provisions of EPF amp Misc provisions Act1952 amp Employees

provident fund scheme-1952 by the contractor in respect of LaboursEmployees

engaged by them for performing the work of BSNL while submitting the claim of bills

towards works executed by him if applicable he must accompany the

i List showing the details of LaboursEmployees engaged

ii Duration of their engagement

iii The amount of wages paid to such LaboursEmployees for the duration in question

iv Amount of EPF contribution (both employees amp employers contribution) for the

duration of engagement in question paid to the EPF authorities

31 Signature of the Contractor

v Copies of authenticated documents of payments of such contributions to

EPF authorities and a declaration for compliance of EPF Act 1952

15 The BSNL reserves the right to disqualify such bidders who have a record of not

meeting contractual obligation against earlier contracts entered into with the

BSNL MEHSANA

16 Multiple Vendor System -The BSNL Mehsana intends to limit the number

of technically amp commercially responsive bidders to (Maximum three) from

the list of such bidders arranged in increasing order of their evaluated rate

starting from the lowest for the purpose of award of work against this

tender The distribution of quantum of work among the bidders is as per

clause of Section ndash of tender document

ldquoHowever SSA Head Mehsana reserve the right for the award of contract amp

work of entire tendered quantity to the bidder with the lowest evaluated

ratesrdquo

17 NOTE-

Tender documents containing detailed description of work terms amp conditions can be

had from Asstt General Manager (MM) Oo GMTD Mehsana 2nd Floor Admn

Building Sanchar Bhawan Pilaji Ganj Mehsana-384001 between 10=00 hours to

17=00 hours from 26102016 to 17112016 on all working days

Asstt General Manager (MM) Oo GMTD Mehsana ndash 384001

32 Signature of the Contractor

SECTION ndashVI

1 Specification and Tentative Quantum of work for repairing of EPBT amp

CLIP (approximate)

Sr

No

Name of SDE Unit

[Concern Supervising

Authority]

Quantum of Works for Tender for repairing

of EPBT amp CLIP Instruments [In No]

CLIP Inst EPBT

Inst

Buttons

Key

Plan Inst

1 SDE P MEHSANA 750 900 3 5

2 SDE G MEHSANA 225 250 5 0

3 SDE G CHANASAMA 100 0 5 0

4 SDE G CHHATRAL 350 200 0 0

5 SDEP KADI 50 0 0 0

6 SDEG KADI 50 0 0 0

7 SDEP KALOL 750 450 7 0

8 SDEG KALOL 150 50 0 0

9 SDEP VIJAPUR 60 85 2 0

10 SDEG VIJAPUR 75 95 2 0

11 SDEG MNSGZR 50 80 3 0

12 SDEG KUKARWADA 50 75 2 0

13 SDEP VISNAGAR 350 200 5 0

14 SDEG VISNAGAR 150 75 4 0

15 SDEG VADNAGAR 100 25 4 0

16 SDEG SATLASANA 75 40 3 0

17 SDEG KHERALU 100 50 3 0

18 SDEP UNJHA 500 400 3 0

19 SDEG UNJHA 100 113 2 0

20 SDEP SIDHPUR 450 300 3 0

21 SDEG SIDHPUR 200 200 5 0

22 SDEP PATAN 350 150 5 0

23 SDEG PATAN 100 50 5 0

24 SDEG HRJSAMI 100 50 4 0

Total 5235 3838 75 5

33 Signature of the Contractor

SECTION ndashVII

STANDARD SCHEDULE OF RATE (SOR) FOR REPARING OF EPBT

AND CLIP INSTRUMENT IN MEHSANA TELECOM DISTRICT (MEHSANA SSA)

To

GMTD Mehsana

Sub - Our Financial Bid for repairing of EPBT amp CLIP Instruments in Mehsana SSA

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Sir

Having examined the tender documents terms amp conditions specification of work

stipulated there in IWe the undersigned offer our rates in percentage as under

Brief description of items for

Repairing under ARC

Approx Quantity to be

repaired under ARC

SOR Per Instrument

(a) (b) (c)

(1) Repairing of CLIP Telephones

instruments

5235 No Rs 55-

(2) Repairing of Electronics Push

Button Telephones (EPBT)

3838 No Rs 23-

(3) Repairing of Buttons Key

75 No Rs 26-

(3) Repairing of Plan Instruments

5 No Rs 39-

Note- The Quantity of Clip instrument ( 5500) may be consider which AMC will be expired as per given below -

(1) AMC of 1400 PTPL instrument may be expired on 23092016

(2) AMC of 3100 PTPL instrument may be expired on 21012017

(3) AMC of 1000 PTPL instrument may be expired on 25032017

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

34 Signature of the Contractor

ANNEXURE-I

Fault analysis report of instruments of quarter ending

No of faulty

instruments

with

contractor at

the

beginning of

the period

No of faulty instruments

received by contractor

during the quarter

No of faulty instruments

repaired and returned to

Depot officer

CF No of

faulty

instruments

with

contractor

In warranty Out of

warranty

In warranty Out of

warranty

1

2

Nature of Fault

Type No Of instruments

No

dial

tone

Dial

faulty

No

ring

Poor

speechdisturbance

Dead Display

Fault

No fault

foundMisc

In

warrant

Out of

warranty

Repairing carried out

Type Faults in

TransmitterReceiver Ringer Contract

foil

PCB

Fault

Disply No fault

foundMisc

In

warrant

Out of

warranty

35 Signature of the Contractor

ANNEXURE ndashII

DECLARATION

(TO BE SUBMITTED WITH TECHNICAL BID)

IWe hereby declare that IWe have carefully gone through the Terms amp Conditions of

Tender Notice Invited vide No MMTenderMehsana2016-1706 Dated 26102016 in

detail and agree to the rate submitted by MeUs in the rate sheet and IWe agree in full to

abide by them

1) Signature of the Party ___________________________________

Full Name ___________________________________

(In block letter) ___________________________________

2) Full address ___________________________________

___________________________________

___________________________________

___________________________________

Tele No (O)________________________________

(R)________________________________

3) Capacity in which the __________________________________

Tender is signed

Rubber stamp is required) __________________________________

__________________________________

Date Signature of the Tenderer with seal

36 Signature of the Contractor

ANNEXURE ndash IV

DECLARATION REGARDING EPF TO BE GIVEN ON NON-JUDICIAL STAMPS

PAPER OF RS 100-

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

I helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipProprietor of

Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip do here by declare

that I am the proprietor of my above firm I am carrying out the repairing of

EPBT amp CLIP my self I do not engage labour So EPF is not applicable to

me

However the decision of the competent authority shall be binding to me in

this regard

Name of the Bidder

Signature of the Bidder with Seal

37 Signature of the Contractor

ANNEXURE ndash V

Undertaking to be given for compliance of EPF Registration certificate

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

We the partners Directors of the firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Do here by undertake that if our tender is accepted we will submit the EPF Registration

certification at the earliest latest by one month after the agreement carried out with the

BSNL Mehsana for execution of works for repairing of EPBT amp CLIP Instruments in

Mehsana SSA failing which the decision of the competent authority will be binding on us

To be signed by all Partners directors

38 Signature of the Contractor

ANNEXURE ndash VI

LETTEROF AUTHORISATION FOR ATTENDING BID OPENING

Tender Number MMTenderMehsana2016-1706 Dated 26102016

Subject Authorisation for attending bid opening on___________________(date) the

tender of following persons are hereby authorised to attend the bid opening

for the tender mentioned above on behalf of ______________________

(Bidder) in order of preference given below

Order of Preference Name

Specimen Signatures

I

II

Alternate

Representative

Signatures of

bidder

Or

Officer authorised to sign the bid

Documents on behalf of the bidder

No 1 Maximum of two representatives will be permitted to attend bid opening In

case where it is restricted to one first preference will be allowed Alternate

representative will be permitted when regular representatives are not to able

attending

2 Permission for entry to the hall where bids are opened may be refused in case

authorisation as prescribed above is not recovered

39 Signature of the Contractor

ANNEXURE ndash VII

INTEGRITY PACT

Between

Bharat Sanchar Nigam Limited (BSNL) GMTD-Mehsana hereinafter referred to as ldquoThe

Principalrdquo

And

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphereinafter referred to as ldquoThe BidderContractorrdquo

Preamble

The Principal intends to award under laid down organizational procedures contracts for --

----------------------------------------- The Principal values full compliance with all relevant

laws and regulations and the principles of economic use of resources and of fairness and

transparency in its relations with its Bidders and Contractors

In order to achieve these goals the Principal will appoint an Independent External Monitor

who will monitor the tender process and the execution of the contract for compliance with

the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to

observe the following principles -

(a) No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for

or accept for himherself or third person any material or immaterial benefit which heshe

is not legally entitled to

(b) The Principal will during the tender process treat all Bidder(s) with equity and reason

The Principal will in particular before and during the tender process provide to all

Bidder(s) the same information and will not provide to any Bidder(s)

confidentialadditional information through which the Bidder(s) could obtain an advantage

in relation to the tender process or the contract execution

(c) The Principal will exclude from the process all known prejudiced persons

(2) If the Principal obtains information on the conduct of any of its employees which is a

criminal offence under the relevant Anti-Corruption Laws of India or if there be a

substantive suspicion in this regard the Principal will inform its Vigilance Office and in

addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder(s)Contractor(s)

(1) The Bidder(s)Contractor(s) commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation

in the tender process and during the contract execution

(a) The Bidder(s)Contractor(s) will not directly or through any other person or firm offer

promise or give to any of the Principalrsquos employees involved in the tender process or the

40 Signature of the Contractor

execution of the contract or to any third person any material or immaterial benefit which

heshe is not legally entitled to in order to obtain in exchange any advantage of any kind

whatsoever during the tender process or during the execution of the contract

(b) The Bidder(s)Contractor(s) will not enter with other Bidder(s) 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

(c) The Bidder(s)Contractor(s) will not commit any offence under the relevant Anti-

corruption Laws of India further the Bidder(s)Contractor(s) will not use improperly for

purposes of competition or personal gain or pass on to others any information or

document provided by the Principal as part of the business relationship regarding plans

technical proposals and business details including information contained or transmitted

electronically

(d) The Bidder(s)Contractor(s) will when presenting his bid disclose any and all

payments he has made is committed to or intends to make to agents brokers or any other

intermediaries in connection with the award of the contract

(2) The Bidder(s)Contractor(s) will not instigate third persons to commit offences outlined

above or be an accessory to such offences

Section 3 ndash Disqualification from tender process and exclusion from future contracts

If the Bidder(s)Contractor(s) before contract award or during execution has committed a

transgression through a violation of Section 2 above or in any other form such as to put his

reliability or credibility in question the Principal is entitled to disqualify the

Bidder(s)Contractor(s) from the tender process or take action as per the defined procedure

Section 4 ndash Compensation for Damages

(i) If the Principal has disqualified the Bidder(s) from the tender process prior to the award

according to Section 3 the Principal is entitled to demand and recover the damages

equivalent to Earnest Money Deposit Bid Security

(ii) If the Principal has terminated the contract according to Section 3 or if the Principal is

entitled to terminate the contract according to section 3 the Principal shall be entitled to

demand and recover from the Contractor the amount equivalent to Security Deposit

Performance Bank Guarantee in addition to any other penalties recoveries as per terms

and conditions of the tender

Section 5 ndash Previous transgression

(i) The Bidder declares that no previous transgression occurred in the last 3 years with any

other Company in any country conforming to the Anti-corruption approach or with any

other Public Sector Enterprise in India that could justify his exclusion from the tender

process

(ii) If the Bidder makes incorrect statement on this subject he can be disqualified from the

tender process or action can be taken as per the defined procedure

Section 6 ndash Equal treatment of all BiddersContractorsSubcontractors

41 Signature of the Contractor

(i) The principal will enter into agreements with identical conditions as this one with all

BiddersContractors

(ii) The Bidder(s)Contractor(s) undertake(s) to demand from all subcontractors a

commitment in conformity with this Integrity Pact

(iii) The Principal will disqualify from the tender process all bidders who do not sign this

Pact or violate its provisions

Section 7 ndash Criminal charges against violating

Bidder(s)Contractor(s)Subcontractor(s)

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or

of an employee or a representative or an associate of a Bidder Contractor or

Subcontractor which constitutes corruption or if the Principal has substantive suspicion in

this regard the Principal will inform the Corporate Vigilance Office

Section 8 ndash External Independent MonitorMonitors

1 Principal appoints competent and credible Independent External Monitor for this Pact

The task of the Monitor is to review independently and objectively whether and to what

extent the parties comply with the obligations under this agreement

2 The Monitor is not subject to instructions by the representatives of the parties and

performs his functions neutrally and independently He reports to the CMD of the BSNL

3 The Bidder(s)Contractor(s) accepts that the Monitor has the right to access without

restriction to all Project documentation of the Principal including that provided by the

Contractor The Contractor will also grant the Monitor upon his request and demonstration

of a valid interest unrestricted and unconditional access to his project documentation The

same is applicable to Subcontractors The Monitor is under contractual obligation to treat

the information and documents of the Bidder(s)Contractor(s)Subcontractor(s) with

confidentiality

Notwithstanding anything contained in this Section the Bidder(s)Contractor(s) shall have

no obligation whatsoever to provide any internal costing mechanisms or any internal

financial or commercial data pursuant to any audit or review conducted by or on behalf of

the Principal Further the Bidder(s)Contractor(s) shall not be required to provide any data

relating to its other customers or any personnel or employee related date

4 The Principal will provide to the Monitor 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 Principal and the Contractor The parties offer to the

Monitor the option to participate in such meetings

5 As soon as the Monitor notices or believes to notice a violation of this agreement he

will so inform the Management of the Principal and request the Management to

discontinue or take corrective action or to take other relevant action The monitor can in

this regard submit non-binding recommendations Beyond this the Monitor has no right to

demand from the parties that they act in a specific manner refrain from action or tolerate

action

42 Signature of the Contractor

6 The Monitor will submit a written report to the Chairperson of the Board of the Principal

within 8 to 10 weeks from the date of reference or intimation to him by the lsquoPrincipalrsquo and

should the occasion arise submit proposals for correcting problematic situations

7 If the Monitor has reported to the CMD of the BSNL a substantiated suspicion of an

offence under relevant Anti-Corruption Laws of India and the BSNL has not within

reasonable time taken visible action to proceed against such offence or reported it to the

Corporate Vigilance Office the Monitor may also transmit this information directly to the

Central Vigilance Commissioner Government of India

8 The word lsquoMonitorrsquo would include both singular and plural

Section 9 ndash Pact Duration

This Pact begins when both parties have legally signed it It expires for the Contractor 12

months after the last payment under the contract and for all other Bidders 6 months after

the contract has been awarded

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 dischargeddetermined by

CMD BSNL

Section 10 ndash Other provisions

1 This agreement is subject to Indian Law Place of performance and jurisdiction is the

Registered Office of the Principal ie New Delhi The arbitration clause provided in the

tender document contract shall not be applicable for any issue dispute arising under

Integrity Pact

2 Changes and supplements as well as termination notice need to be made in writing

3 If the Contractor is a partnership or a consortium this agreement must be signed by all

partners or consortium members

4 Should one or several provisions of this agreement turn out to be invalid the remainder

of this agreement remains valid In this case the parties will strive to come to an agreement

to their original intensions

------------------------------------ ----------------------------------

For the Principal For the BidderContractor

Placehelliphelliphelliphelliphelliphelliphelliphellip Witness 1 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphellip Witness 2 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

43 Signature of the Contractor

Anexx-VIII

AGREEMENT

This agreement made on thishelliphelliphellip day of helliphelliphellip Yearhelliphelliphelliphellip Between hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphellipHerein after called ldquo The contractorrdquo (which expression shall unless excluded by or

repugnant to the context include its successors heir executors administrative representative and

assignee) of the one part amp the BSNL (GMTD Mehsana) herein after referred to as the BSNL of

other part Tender No MMTenderMehsana2016-1706 Dated 26102016

Where as the contractor has offered to enter with the said BSNL for the contract for repairing of

EPBT amp CLIP Plan instruments amp Buttons Key in Mehsana SSA Mehsana Telecom District on

the terms and conditions herein contained and the rates approved by the BSNL (copy of rates

annexed) have been dully accepted and whereas the necessary security deposit have been furnished

in accordance with the provision of the tender documents and whereas no interest will be claimed

on the security deposit Now these presents witness and it is hereby agreed and declared by and

between the partiesrsquo presents as follows

(1) The contractor shall during the period of this contract that is to say fromhelliphelliphelliphelliphellipTo

helliphelliphelliphellip or completion of work whichever is earlier or until this contract shall be

determined by such notice as is herein after mentioned safely carried out by means of

Labours employed at his own expense and by means of tools implements of equipments

etc to be supplied by him to his Labours at his own expense all work of repairing of

EPBT amp CLIP instruments as described in tender documents (annexed to the agreement)

when the BSNL or any other person authorized by GMTD Mehsana in that behalf require it

is under stood by the contractor that the quantity of work mentioned in the schedule is

likely to change as per actual requirement as demanded by exigencies of service

(2) The Notice Inviting Tender Bid documents (qualifying and financial) letter of intent

approved rates annexed here to and such other additional particulars instructions

drawings work orders as may be found requisite to be given during execution of work

shall be deemed and taken to be an integral part of the contract and shall be deemed to be

included in the expression ldquoThe agreement) or ldquoThe Contractrdquo wherever herein used

(3) The contractor also supplies the requisite number of workmen with means and materials as

well as tools appliances vehicles for transportation cartage etc required for the proper

execution of work within the prescribed in the work orders

(4) The contractor hereby declares that no body connected with or in the employment of the

BSNL is notshall not ever be admitted as partner in the contract

(5) The contractor shall abide by the terms and conditions rules guide lines constructions

particulars safety precautions etc stipulated in the tender documents including any

correspondence between the contractor and the BSNL having bearing on execution of work

and payments of work to be done under the contract

In witness whereof the partiesrsquo presents have here in to set their representative hands and

seals the day and year in

Signed sealed amp Delivered by

The above named contractor in the presence of

Above written

Witness

(1)

(2) Signed and delivered on behalf of BSNL

Witness

(1)

(2)

44 Signature of the Contractor

ANNEXURE-IX - UNDERTAKING

This deed of undertaking executed on this helliphelliphellip day ofhelliphelliphelliptwo thousand andhelliphellip

by (name of sole proprietorpartnerdirectorauthorized representative the firm

company trust society etc)helliphelliphelliphelliphelliphelliphelliphelliphelliphellipSO helliphelliphelliphelliphelliphelliphelliphellip

residing athelliphelliphelliphelliphelliphelliphelliphelliphelliphellipOn behalf of said helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of the firm company Trust Society etc) having its office athelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

and dully authorized to sign file and verify present undertaking by the said hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of Firm company Society etc) in favour of Bharat Sanchar Nigam Ltd a

Government Of India undertaking having its registered office at Statesman

HouseB-148 Barkhamba Road New Delhi and local office at Administrative

Building Sanchar Bhawan BSNL Pilaji Ganj Mehsana-1 here in after called

BSNL (which terms shall mean and include its successors administrators heirs and

assigns Where as MS BSNL invited bids for repairing of EPBT amp CLIP instruments in Mehsana SSA

IWe participated in the bidding process and emerged as successful bidder with respect to tender No

MMTenderMehsana2016-1706 Dated 26102016

IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Acknowledge that IWe have fully under

stood and aware of the terms amp conditions of the Tendercontract and do hereby unequivocally and

unconditionally undertake and declare that

(1) IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip shall comply with all

the rulesRegulationsLawsGovernment instructionsstatus etc that are

applicable will be made applicable and or are aimed to protect the interest of

the workersemployees engaged by meus in the past and during the course of

performance of the contract with BSNL

(2) IWe shall fully protect indemnity and hold harmless BSNL and its employees

officers Directors agents judgments damages fines penalties and costs

(including legal costs and disbursements) arising from or relating to

Any breach violation of any direction order from any governmental

authority any provisions of the labour laws or any other laws status or

regulations that are or will be aimed to protect the interest of the

workersLabours engaged by the contractors in past and during the

course of this contract

OR

Any other payments claims or liability that may arise for ensuring

compliance of the provisions of any of the labour laws or any other laws

etc OR

Any other claim made by any third party in connection with any violation

of any laws guide lines instructions etc

In witness whereof this undertaking has caused on thehelliphelliphelliphelliphelliphellip

DayhelliphelliphelliphelliphellipMonth ofhelliphelliphellip Year

Date

Place

Signature

Name

Designation

Witness 1 2helliphelliphellip

45 Signature of the Contractor

ANNEXURE-X

E-Tendering Instructions to Bidders

These Special Instructions (for e-Tendering) supplement lsquoGeneral instructions to Biddersrsquo as enclosed in Section IV of this E-Tender Document Wherever there is a conflict the provisions herein shall prevail over those in other pages of this document

Submission of Bids only through online process is mandatory for this Tender

For conducting electronic tendering BSNL Mehsana is using the portal

(httpeprocurementsynisecombsnl1gujarat) of Ms Synise Technologies ltd Pune A - Submission of tender

1 The bidding process will be accepted only through e-tendering platform 2 Availability of e-tendering document e-tender document can be obtained by

downloading it from the website httpeprocurementsynisecombsnl1gujarat the

physical copy of the Tender document would not be available for sale

3 The Tender document shall not be available for download on its submissionclosing date B - General 1 Tender Bidding Methodology

Sealed Bid System ndashldquoSingle Stage using two envelopsrdquo

In this case of two envelope system Financial amp Techno-commercial bids shall be

submitted by the bidder at the same time

2 Broad outline of activities from Bidders prospective

1 Procure a Digital Signing Certificate (DSC)

2 Register on Electronic Tendering System (RETS)

3 Create Users and assign roles on ETS

4 View Notice Inviting Tender (NIT) on ETS

5 Download Official Copy of Tender Documents from ETS

6 Clarification to Tender Documents on ET Query to BSNL (Optional)

View response to queries posted by BSNL as addenda

7 Bid-Submission on ETS

8 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Techno-commercial Part

9 View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond to BSNLrsquos Post-TOE queries

10 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Financial-Part (Only for Technical Responsive Bidders)

For participating in this tender online the following instructions need to be read

carefully These instructions are supplemented with more detailed guidelines on

the relevant screens of the ETS

3 Digital Certificates

For integrity of data and its authenticity non-repudiation of electronic records and be compliant with IT Act 2000 it is necessary for each user to have a Digital Certificate (DC) also referred to as Digital Signature Certificate (DSC) of Class 2 or above issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer httpwwwccagovin]

4 Registration

To use the Electronic Tenderreg portal ( httpeprocurementsynisecombsnl1gujarat) vendor needs to register on the

46 Signature of the Contractor

portal Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e-tendering activities In ETS terminology this person will be referred to as the Super User (SU) of that organization For f u r ther details

p lease v is i t the websiteportal and follow further instructions as given on the site You may also contact tender wizard Helpdesk (as given below) to get your registration acceptedactivated Tender wizard Helpdesk

Telephone 020-30277517 020-30277522020-30277516

[between 1000 hrs to 1800 hrs on working days]

Mobile Nos Mr Hiren Pandar 7774013247 7774013248

E-mail ID helpdesksynisecom [Please mark CC

hirenpsynisecom]

BSNL Contact-1

BSNLrsquos Contact Person AGM MM Mehsana

Telephone Mobile (02762-220855222900)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID agmmmmehbsnlin

BSNL Contact-2

BSNLrsquos Contact Person SDE MM-Mehsana

Telephone Mobile (02762-221855)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID mehsdemm2bsnlin 5 Bid related Information for this Tender (Sealed Bid)

The entire bid-submission would be

online on ETS Broad outline of

submissions are as follows

Submission of digitally signed copy of Tender DocumentsAddendumaddenda

Two Envelopes

Techno-commercial -Part

Financial-Part

Note -

i) If some document is not applicable for the bidder then he has to upload

scanned copy of paper mentioning ldquoThe document ltNamegt called vide

clause helliphelliphelliphelliphelliphelliphellip is not applicable on usrdquo

ii) If document asked for contains more than one page then all those pages may be uploaded in one PDF format file

iii) Please take care to scan documents such that the total size of

documents to be uploaded remains minimum However it shall be sole

responsibility of bidder that the uploaded documents remain eligible

6 Offline Submissions

The bidder is requested to submit the following documents offline to AGM (MM) 2nd Floor Sanchar Bhawan Pilaji Ganj Mehsana-384001 on or before the date amp

time of submission of bids specified in covering letter of this tender

47 Signature of the Contractor

document in a Sealed Envelope The envelope shall bear (name of the tender) the tender number and the words lsquoDO NOT OPEN BEFORErsquo (due date amp time)

1 EMD-Bid Security in Original

2 DD Bankers cheque against payment of tender fee

3 Power of attorney (if applicable) Note The bidder has to upload the Scanned copy of all above said documents during

online Bid submission also

7 Special Note on Security of Bids

Security related functionality has been rigorously implemented in ETS in a multi-dimensional manner Starting with Acceptance of Registration by the Service Provider provision for security has been made at various stages in Electronic Tenderrsquos software Security related aspects as regard Bid Submission are outlined below

As part of the Electronic Encryptertrade functionality the contents of both the lsquoElectronic Formsrsquo and the lsquoMain-Bidrsquo are securely encrypted using a Pass-Phrase created by the Bidder himself Unlike a lsquopasswordrsquo a Pass-Phrase can be a multi-word sentence with spaces between words (eg I love this World) A Pass-Phrase is easier to remember and more difficult to break It is recommended that a separate Pass-Phrase be created for each Bid-Part This method of bid- encryption does not have the security and data-integrity related vulnerabilities which are inherent in E-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid- encryption Bid-encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE) even if there is connivance between the concerned tender- opening officers of the Buyer organization and the personnel of e-tendering service provider

Typically lsquoPass-Phrasersquo of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself when demanded by the concerned Tender Opening Officers who will open the bid Else Tender Opening Officer may authorize the bidder to open his bid himself There is an additional protection with SSL Encryption during transit from the client-end computer of a Supplier organization to the e-tendering server portal

8 Public Online Tender Opening Event (TOE)

ETS offers a unique facility for lsquoPublic Online Tender Opening Event (TOE)rsquo Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices For this purpose representatives of bidders (ie Supplier organization) dully authorized are requested to carry a Laptop and Wireless Connectivity to Internet Every legal requirement for a transparent and secure lsquoPublic Online Tender Opening Event (TOE)rsquo has been implemented on ETS As soon as a Bid is decrypted with the corresponding lsquoPass-Phrasersquo as submitted online by the bidder himself (during the TOE itself) salient points of the Bids are simultaneously made available for downloading by all participating bidders The work of taking notes during a manual lsquoTender Opening Eventrsquo is therefore replaced with this superior and convenient form of lsquoPublic Online Tender Opening Event (TOE)rsquo ETS has a unique facility of lsquoOnline Comparison Chartrsquo which is dynamically updated as each online bid is opened The format of the chart is based on inputs provided by the Buyer for each Tender The information in the Comparison Chart is based on the data submitted by the Bidders in electronic forms A detailed Technical and or Financial Comparison Chart enhances Transparency Detailed instructions are given on relevant screens

48 Signature of the Contractor

ETS has a unique facility of a detailed report titled lsquoMinutes of Online Tender Opening Event (TOE)rsquo covering all important activities of lsquoOnline Tender Opening Event (TOE)rsquo This is available to all participating bidders for lsquoViewing Downloadingrsquo

There are many more facilities and features on ETS For a particular tender the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer

NOTE In case of internet related problem at a bidderrsquos end especially during lsquocritical

eventsrsquo such as ndash a short period before bid-submission deadline during online

public tender opening event etc it is the bidderrsquos responsibility to have backup

internet connections In case there is a problem at the e- procurement

service-providerrsquos end (in the server leased line etc) due to which all the

bidders face a problem during critical events and this is brought to the notice

of BSNL by the bidders in time then BSNL will promptly re-schedule the

affected event(s)

9 Other Instructions

For further instructions the vendor should visit the home-page of the portal

( httpeprocurementsynisecombsnl1gujarat) and go to the User-Guidance Center The help information provided through lsquoETS User-Guidance Centerrsquo is available in three categories ndash

Users intending to Register First-Time Users Logged-in users of Buyer organizations and Logged-in users of Supplier organizations Various links are provided under each of the three categories Note It is strongly recommended that all authorized users of Supplier

organizations should thoroughly peruse the information provided under the

relevant links and take appropriate action This will prevent hiccups and minimize

teething problems during the use of ETS

The following lsquoFOUR KEY INSTRUCTIONS for BIDDERSrsquo must be assiduously adhered to

1 Obtain individual Digital Signing Certificate (DSC or DC) well in advance of

your first tender submission deadline on ETS

2 Register your organization on ETS well in advance of your first tender submission deadline on ETS

3 Get your organizationrsquos concerned executives trained on ETS well in advance of your first tender submission deadline on ETS

4 Submit your bids well in advance of tender submission deadline on ETS as

there could be last minute problems due to internet timeout breakdown etc

While the first three instructions mentioned above are especially relevant to first-time users of ETS the fourth instruction is relevant at all times

10 Minimum Requirements at Bidders end

Computer System with good configuration (Min P IV 1 GB RAM Windows XP)

Broadband connectivity

Microsoft Internet Explorer 60 or above

Digital Certificate(s) for users

49 Signature of the Contractor

ANNEXURE-III

RATE SHEET

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Rate should be quoted in below Rate Sheet

Sr

No

Rates Quoted By Bidder With Respect to SOR (Schedule Of Rate)

Particulars In Figure In Words

1 Above Of SOR

2 Below Of SOR

3 AT PAR

[At Same Rates of SOR]

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

Signature of the Bidder with Seal

Note

1 All faulty instruments are to be repaired except fully broken or fully burnt due to

electric hazards

2 The work may be offered to more than one contractor if required

Signature of the Tenderer with seal

Full Name _____________________

Full Address________________________

  • TABLE OF CONTENTS
    • CERTIFICATE REGARDING NEAR RLATIVES
      • LETTEROF AUTHORISATION FOR ATTENDING BID OPENING
      • Signed sealed amp Delivered by
      • Above written
        • ANNEXURE-IX - UNDERTAKING

3 Signature of the Contractor

(A Government of India Enterprise)

OFFICE OF THE GENERAL MANAGER TELECOM DISTRICT

ADMINISTRATIVE BUILDING SANCHAR BHAWAN

PILAJI GANJ MEHSANA-384 001

TENDER NO MMTenderMehsana2016-1706 Dated 26102016

NOTICE INVITING TENDER

Online E-Tender is invited for and on behalf of BSNL by the General Manager

Telecom District Mehsana from the eligible contractors for repairing of EPBT amp CLIP

instruments in Mehsana SSA for period of contract for one year from date of award of contract

(issue of FAT) with an option of extension for a further one year at unilaterally by BSNL at the

same rate Terms amp condition of tender with discretion of GMTD Mehsana if required Eligible

contractors should submit eexperience certificate of repairing of EPBT for not less than one year

during last five years in DOTBSNLGovPSUPrivate Sectorfirm

Jurisdiction Estimated

Quantum of work

[In No]

Estimated

cost of tender

Bid

Security

(EMD)

Performan

ce Security

Deposit

Tender

form fee

Mehsana SSA CLIP Instrument-5235

EPBT ndash 3838

Plan Instruments ndash 5

Buttons Key ndash 75

Rs 378300- Rs 9458- 10 of

Estimated

Cost of

Tender

Rs 500-

(Non

refundable)

1 BSNL has decided to use process of e-tendering process for inviting this tender and thus the

physical copy of the tender would not be sold

2 Tender document should be downloaded from the web site wwwgujaratbsnlcoin or wwwtenderbsnlcoin The bidder can participate in the E-tender by downloading tender from httpseprocurementsynisecombsnl1gujarat from 261020161030 hrs to 171120161400hrs

3 Time Last Date amp venue of submission of online bids up to 14=55 hours on

17112016

4 Time Last Date amp venue of submission of Tender fees EMD and others important

document ie MSME Certificate etc submission up to 15=00 hours on 17112016 in the

chamber of Asstt General Manager (MM) Oo GMTD Mehsana 2nd Floor Admn Building

Sanchar Bhawan Pilaji Ganj Mehsana-384001

5 Time Date amp Venue of Bid Opening at 15=00 hours on 17112016 in the chamber of

Asstt General Manager (MM) Oo GMTD Mehsana 2nd Floor Admn Building Sanchar

Bhawan Pilaji Ganj Mehsana-384001

4 Signature of the Contractor

6 The bidders downloading the tender document are required to submit the tender fee

amount through Demand Draft Crossed Bankerrsquos cheque of an amount of Rs 500-

along with applicable EMD in single envelope before tender closing time at box kept for

the purpose at Oo AGM (MM) 2rsquond floor Sanchar Bhawan Pilaji Ganj Mehsana-01 In

case of non-submission of tender fee and EMD bid shall be left archived unopened

rejected The payment will be accepted in the form of Cross Demand Draft drawn on any

Scheduled Bank payable in favor of Accounts Officer (Cash) BSNL Oo GMTD Mehsana

7 Intending eligible bidders downloading the tender document shall have to deposit a Bid Security (EMD) as per mentioned in below table in form of Crossed Demand Draft Bankerrsquos Cheque Pay Order from any Nationalized Scheduled Bank in favour of Accounts Officer (Cash) BSNL Oo GMTD Mehsana payable at Mehsana

8 The MSE units shall be exempted from submission of Tender Fees amp Bid Security deposit on production of requisite proof in respect of valid certification from MSME for the tendered item

9 The tender documents will be submitted online in two part viz (1) Technical Bid amp (2)

Financial Bid Financial bid of only those bidders will be opened whose Technical bid is

completed in all respect

10 Note Any discrepancy found in the downloaded tender document submitted by the

tenderer compared to up loaded tender document the tender document up loaded by BSNL

shall be treated as valid and any changes (found in the tender document submitted by the

tenderer) at any stage 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

(i) The tender which is not accompanied by the requisite Bid security and tender

documents cost for down loaded documents shall be summarily rejected

(ii) Any tender with conditions other than those specified in the tender documents or

incomplete in any respect is liable to be rejected

(iii) Tender will not be acceptedreceived after expiry of date and time If it happens to be

holiday on any of the dates above next working day will be applicable

(iv) The competent authority on behalf of BSNL does not bind himself to accept the lowest

or any other tender amp reserves the right to reject any or all tenders received without

assigning any reason what so ever

(v) Successful bidder may be asked to carry out 25 of the estimated work at any other

location of SSAsite under the jurisdiction of Mehsana SSA at the same rates terms amp

conditions

(vi) All other terms amp conditions and detailed specifications of worksitems shall be as per

tender documents

For any clarification the prospective bidders can contact AGM (MM) Oo GMTD

Mehsana 2nd Floor Admn Building Sanchar Bhawan Pilaji Ganj Mehsana-384001

Asstt General Manager (MM) Oo GMTD Mehsana ndash 384001

5 Signature of the Contractor

SECTION ndash II

BID FORM

Tender No MMTenderMehsana2016-1706 Dated Mehsana the 26102016

To

General Manager

Telecom District Mehsana-384001

Sub Tender for EPBT amp CLIP Instruments Repairing

With reference to above Tender No MMTenderMehsana2016-1706 Dated 26102016

We offer myour Tender on the Terms and Conditions annexed here to and the rates specified in the schedule attached

IWe hereby agree to abide by the fulfill of the all terms and conditions of the contracts hereafter as applicable or in default thereof forfeited to and pay to the BSNL or GMTD Mehsana the some of money mentioned in the said condition without prejudice

The sum of Rs 9458- (Rs Nine Thousand and Four Hundred fifty Eight Only) is enclosed as EMD deposited in DD Vide DD No -------------------- of Bank ---------------------------------------------on Dtd-------------------

IWe also agree to pay security Deposit 10 of tender cost as and when called for within 15 days

We agree to abide by this Bid for the period of 120 days

IWe fails to carry out the work to the specification given in the schedule Security DepositEMD may be forfeited without prejudice to any other right or remedies of the BSNL or GMTD Mehsana

IWe also agree to accept this tender either fully or in part as decided by the competent authority

Signature of the Tenderer

Full Address

Place

Date

6 Signature of the Contractor

SECTION ndash III

(PART ndash I)

Bio-Data of the Bidder

(TO BE SUBMITTED WITH TECHNICAL BID)

1 Name of the Contractor ______________________________________

amp Full address

2 Registration of FirmAgency _____________________________________

Contractor as a Proprietor Or ______________________________________

Partnership Or Ltd Company ______________________________________

3 Service Tax Registration No ______________________________________

(If applicable)

4 PAN No ______________________________________

5 Address of workshop _______________________________________

With Telephone No

6 Registration no with EPF ______________________________________

Authority (If applicable)

Undertaking given in ANNEXURE-V

Bio-data furnished as above by me is true to the best of my knowledge If not found

correct the decision of GMTD Mehsana will be final amp binding to meus

Signature of the Tenderer with seal

7 Signature of the Contractor

SECTION ndash III

(PART ndash II)

CERTIFICATE REGARDING NEAR RLATIVES

1 IWehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipSohelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip resident of helliphelliphelliphelliphellip

hereby certify that none of my near relative(s) as defined in Section IV clause 1u

in the tender document isare employed in BSNL unit as per the details given in

the tender documents In case at any stage it is found that the information given

by me is falseincorrect BSNL shall have absolute right to take any action as

deemed fit without any prior information to me

To be signed by

(A) Signature of Proprietor in case of Proprietorship Firm

(B) Signature of all partners in case of Partnership Firm

a

b

c

d

(C) Signature of all Directors of Company in case of Ltd or Pvt Company

a

b

c helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

d helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(In case of proprietorship firm the certificate will be given by the proprietor

for partnership firm by all partners and in case of limited company by all the

directors of company)

2 The near relatives of all BSNL Employees either directly recruited or on

deputation are prohibited from participation in tenders and execution of

works in the different units of BSNL The detailed guidelines in this

regard are given in the following paragraphs

(i) The near relatives for this purpose are defined as

(a) Members of a Hindu Undivided family

(b) They are husband and wife

(c) The one is related to the other in the manner as father mother

son(s) amp sonrsquos wife (daughter-in-law) Daughter(s) amp daughterrsquos

husband (son-

in-law) brother(s) amp brotherrsquos wife sister(s) amp sisterrsquos husband

(brother-in-law)

8 Signature of the Contractor

(ii) As per BSNL of Indiarsquos CCS Conduct rule 4 no BSNL 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 contract to his official superior

This clause is applicable to all BSNL employees and in view of this as soon as

any BSNL employees 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 EngineerChief ArchtCorporate 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

HeadChief EngineerChief ArchtCorporate office under whom he is posted

(iii) 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

SSACircleChief EngineerChief ArchitectCorporate Office for non executive

employees and all SSA in a circle including circle officeChief Eng Chief Arch

Corporate Office for executive employees (including those called as Gazetted

Officers at present The tenderer should give a certificate that none of hisher

such near relative is working in the units as defined above where he is going to

apply for tenderwork 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

tenderwork will be cancelled and earnest money security deposit will be

forfeited at any stage whenever it is so noticed The BSNL will not pay any

damages to the company or firm or the concerned person The company or

firm or the person will also be debarred for further participation in the

concerned unit

(End of Section III)

9 Signature of the Contractor

Section IV

GENERAL CONDITIONS OF CONTRACT

Bids are invited in two Bid systems Technical Bid (Qualifying) amp Financial Bid (Price

bid)

Method of preparation of Bids

Bids for this tender should be submitted online amp offline in three steps placed as under

these steps should contain the following

Through-

Channel

Bid Envelopes Offline E-tender Online

First-Offline Bid Security (EMD) amp

Tender Fees

DDPay order Bankerrsquos Check for Bid

Security(EMD)amp Tender Fee

Second-Online Tech Bid (Qualifying Bid) Containing documents as per clause 11

of special terms amp conditions

Third-Online Financial Bid (Price bid) Rates quoted by the bidder in

percentage belowabove at par of SOR

The bidder can participate in the E-tender by downloading amp uploads tender from

httpseprocurementsynisecombsnl1gujarat and bidder should submits ldquoTechnical Bidrdquo and

ldquoFinancial Bidrdquo through E-tender site and one envelope the name of Bidder and ldquoTender

fees amp EMD with important documentrdquo may be clearly noted and should be properly

sealed This envelope should bear ldquoTender for Repairing of EPBT amp CLIP instruments in

Mehsana SSArdquo Tender No MM Tender Mehsana 2016-1706 Dated 26102016

DEFINITIONS

The contract means the documents forming the tender and acceptance thereof and the

formal agreement executed between the B S N L and the contractor together with

documents referred to there in including the conditions of contract the specification

designs drawing and instructions issued from time to time by the Official in charge and all

these documents taken together shall be deemed to form one contract and shall be

complementary to one another

1 In the contract the following expressions shall unless where the context otherwise

required have the meaning hereby respectively as signing them

a) The expression (works) or work shall unless there be something either in the subject or

context repugnant to such construction be construed and taken to mean the works by or

by virtue of the contract contracted to be executed whether temporary or permanent

and whether original altered substituted or additional

b) The contractor shall mean the individual or firm or company whether incorporated or

10 Signature of the Contractor

not undertaking the work and shall include the legal personal representative of such

firm or company and the permitted assignees or such individual or the person

composing such firm or company or the successor individual or firm or firms company

c) The designated official nominated representative of the Company means any official

nominated by the GMTD Mehsana to deal with the contractor for making over

material equipment etc to the contractor and to certify the work done by the

contractor

d) The BSNL means the Bharat Sanchar Nigam Limited and his successor

e) GMTD Mehsana

f) The department will mean any office of the BSNL

g) Company means Bharat Sanchar Nigam Limited

h) All reference of -

(i) DepartmentCompany

(ii) General Manager Telecommunications

(iii) Dy General Manager

(iv) Divisional Engineer

(v) Sub Divisional Engineer

(vi) Junior Telecom Officer

(vii) Junior Engineer

(viii) Accounts Officer

(ix) Junior Accounts Officer

In various clauses shall be taken to mean -

i) (i) Bharat Sanchar Nigam Limited a PSU under the Ministry of

Communications Government of India

(ii to ix) The Officers in their respective gradesgroups employed in the company by

whatever designations are assigned to them from time to time and who may be in-charge of

direction execution supervision testing acceptance maintenance of accounts and disposal

of claims from time to time and includes their successors in office Words imparting the

singular number include the plural number and vice-versa

CLAUSES

1 PERIOD OF VALIDITY

Validity of this Bid is 120 days

The rates quoted should be firm and valid for any work that may be issued for period of

11 Signature of the Contractor

one year or up to extended period of contract from the date of issue of final allocation of

the tender or until the completion of the work assigned under each work order whichever is

later

2 LABOUR

a) The contractor shall be responsible for the transportation storage and safe custody of

all EPBT amp CLIP issued to him by the Company The Contractor shall satisfy himself

regularly the quality and quantity of the materials supplied to him and he will be

responsible for any subsequent deterioration and discrepancy (inclusive of theft) in the

quality quantity of the materials

b) The contractor shall submit a proper account every month of all the EPBT amp CLIP

made over to him by the Company and those returned back duly repairs Any

discrepancy or difference between the EPBT amp CLIP issued to the contractor and those

repaired as per the Company s calculation (which shall be final) will be charged to the

contractor or deducted from his bills at cost price including freight handling charges

storage charges etc plus 20 percent departmental charges

c) On completion of the work the contractor shall return to the Company at the latterrsquos

designated store in good condition free of charges any un repaired EPBT amp CLIP that

were supplied by the Company and contractor shall obtain written receipt of goods In

absence of such written receipt it is presumed that goods in question have not been

returned

d) The contractor while taking delivery of EPBT amp CLIP handed over by the Company at

the designated place shall thoroughly inspect all items before taking them over Once

the EPBT amp CLIP are made over to the contractor it shall be his responsibility for safe

custody till taking over of the complete work by the Company Any pilferage damage

etc to the EPBT amp CLIP shall be at the risk and cost of the contractor and charges for

such unaccounted EPBT amp CLIP shall be decided in accordance with (b) above

e) Notwithstanding any thing else herein stated the contractor shall furnish and pay for

all supervision labour tools supplies construction equipment and consumable

materials as may be necessary for the performance of the work and the cost of these

shall be included in the unit repair prices quoted by the Tenderer at the time of

submitting his tender and payable to the contractor

3 GUARANTEE

In addition to any and all other guarantee and warranty mentioned in the contract

documents the contractor guarantees that the entire work will be done in a satisfactory

manner and free from any defect in workmanship and finish and unconformity in all

respect with the specification and direction The contractor also undertakes to repair or

replace as the case may be at his own cost and risk any part of the work which may

damage or that may develop any defects due to bad workmanship or other wise due to the

fault of contractor within a period of agreement

4 METHOD AND MANNER OF PERFORMANCE

The contractor shall be an independent contractor and shall have complete charge of the

men engaged in performance of the work to the performed hereunder and shall perform the

works in accordance with his own methods and at his own risk subject to compliance with

12 Signature of the Contractor

the contract documents The contractor shall throughout the stipulated period of the

contract execute the work in the best contract substantial workmanlike manner and both as

regards manuals and otherwise in respect in strict accordance with the contract documents

or such other additional particulars instruction and drawing as may be found requisite to

be given during execution of the work in force good order among his employees and shall

not employ on the works any unfit person or anyone not capable or not properly qualify to

properly perform the work assigned to him The contractor shall also not employ in respect

of the work or discontinue to employ in respect of the works any employee that the

GMTD MEHSANA SDE may for any reason object to

5 SUB CONTRACTORS

51 The contractor shall not assign subcontract or sublet the whole or any part of the

works covered by the contract or any benefit thereof without the prior written approval of

the GMTD MEHSANA Copies of all agreements entered into with any permitted or sub

contracts including rates for item of work sub-contracted shall be furnished to obtain in

writing prior approval of the GMTD MEHSANA in this behalf before the sub-contract or

the agent or the assignee as the case may be allowed to do work under the contract

52 The GMTD MEHSANA reserves the right to refuse or permit any person or

organization or sub-contractor to particulars in the works covered by the contract The

assignment or sub-contracting or subletting of any such work if permitted by the GMTD

MEHSANA shall not relieve the contractor of any of his liabilities and responsibilities

hereunder the intention being that notwithstanding any assignment or subletting or sub-

contracting the contractor shall be and remain primarily and principally liable to the

Company in terms hereof and for the due fulfillment of the contracted works any assignee

or sub-contractor being regarded merely as the agency of the contractor

53 Each assignee and sub-contractor shall be covered by the contract documents and shall

perform the work which he takes up in accordance with The Company will have the same

privileges and rights with respect to the inspection of work of assignees or sub-contractors

as are provided for under the contract documents governing the work of the contract

54 The contractor shall indemnify and save harmless the Company from and against all

actions suits proceedings loses costs damages charges claims and demands whatsoever

either in law or in enquiry and all costs (inclusive between attorney and client) and charges

and expenses that the Company may sustain suffer or incur arising from or out of or

incidental (to in connection with any act or commission) of the contractor his agent

employee assignee or sub contractor The provision shall also apply to the sub-contractor

or assignee as the case may be

6 REPRESENTATIVE OF THE COMPANY

The Company shall be represented by the GMTD who will be in charge of the work

The Company representative in works site shall be the designated officials or such other

representative as the GMTD MEHSANA may from time to time designate in writing

Notice given in writing by the designated official or GMTD shall be deemed to be

notices given by the Company to the contractor The designated official and such other

representative as GMTD may designate in writing shall be deemed to be authorized

officer to represent the Company in respect of the work of any designated section any

decision agreement or instructions in writing by the Company representative as aforesaid

which is within his powers shall be binding on the contractor

13 Signature of the Contractor

7 REPRESENTATIVE OF CONTRACT

The contractor shall furnish to the Company the scheme of his intended organization and

nominated representative to whom the Company representative can make known decisions

authorizations and interpretations The contractor shall within 10 days after the execution

of the contractagreement notify the Company the name(s) and address(s) of the

representative(s) along with the specimen signature Any change in name and address of

any representative notified aforesaid should be promptly intimated in writing to the

Company Notices given in writing to the representative shall be deemed to be notices

given to contractor This representative shall be fully authorized to represent contractor on

matters involving more than one section of work notification in respect of whom shall

likewise be given to the Company and who shall likewise be the contractors representative

in terms aforesaid

8 INTERPRETATION OF THE CONTRACT DOCUMENTS

The GMTD MEHSANA and the contractor shall in so far as possible by mutual

consultation try and decide upon the meaning and intent of the contract documents In case

of disagreement the dispute will be referred to the sole Arbitrator as provided in the

contract Any change in the contract document shall be set forth in writing by the

representative of the parties hereto It shall be the contractorsrsquo responsibility to thoroughly

familiarize all of his supervisory personnel with the contents of all the contract documents

9 CHANGES EXTRA WORK amp QUANTUM OF WORK

91 Change used herein means a substitution for omission of any work or other

requirement within general scope of the work the performance of the compliance with

which is contemplated by the contract documents

92 Extra work as used herein means any works of compliance with any requirement

other than a change which is not expressly or implied contemplated by the contract

documents and which is necessary to be performed for the proper completion of the

contracted work For the purpose of clarification it is declared that any work or operation

which shall be necessarily incidental to the proper performance of any item of work or part

thereof shall be deemed to have been by implication provided for in the relevant item of

work or part thereof and shall not constitute extra work

93 The GMTD MEHSANA may at his absolute discretion make change in the work

provided for in the contract documents including the commencement of the work and may

require the performance of extra work by the contractor

94 The contractor shall not undertake or make any change or do any work under this

contract unless he has received written instructions from the representative of the

Company

95 The contractor shall not be entitled to any compensation in addition to the contract

price for the performance of any work not envisaged under the contract unless prior to the

performance of such work he has received from the designated official in written

authorization for performance such work

96 For Extra work within the scope of this contract the contractor will receive extra

compensation on the basis of a lump sum unit price as may be agreed upon in advance

between the GMTD MEHSANA and the contractor

14 Signature of the Contractor

97 (a) in cases of such of the works where interpolations of the rates are possible such

rates shall be accepted by both the parties

(b) If the altered additional or substituted work includes any work for which no rates are

specified in the contract for the work can be derived from similar class of work in the

contract than such work shall be carried out at the rate determined by the designated

official on the basis of the prevailing market rates where the work was done

(c) If the rates for the altered additional or substituted work cannot be determined in the

manner specified above then the contractor shall within 7 days of the date of receipt of

order to carry out the work inform the Designated official of the rate which it is his

intention to charge for such class of work supported by analysis of the rate or rates

claimed and the designated official shall determine the rates on the basis of prevailing

market price and pay the contractor accordingly However the Designated official by

notice in writing will be at liberty to cancel his order to carry out such class of work and

arrange to carry it out in such manner as he may consider advisable

98 The quantum of work mentioned in the tender is approximate and subject to vary

However for evaluation purpose the quantum as mentioned in the tender will only be taken

into account

910 The quantum of works (Estimated Cost) of the tender is purely tentative and it can

vary as per requirement of BSNL Mehsana and so successful contractor may not

challenge to BSNL Mehsana in respect to the works of this tender

911 The estimated cost or quantum of work may vary on the basis of actual requirement at

the discretion of GMTD Mehsana limited to + 25 without any change in approved rates

terms amp conditions of contract

10 QUALITY OF WORK

The Company shall be the final judge of the quality of the work and the satisfaction of

the standards in respect thereof set forth in the contract documents Laxity or failure to

enforce compliance with the contract documents by the Company and or its

representative shall not manifest a change or intent or waiver the intention being that

notwithstanding the same the contractor shall be and remain responsible for complete and

proper compliance with the contract documents and the specification therein The

GMTD MEHSANA has the right to prohibit the use of men and any tools materials or

equipments which in his opinion do not produce work or performance meet the

requirement of the contract documents

1l PROTECTION OF WORK

The contractor shall be responsible for all materials equipment furnished or supplied by

the company while in the contractors custody

12 NOTIFICATION

The contractor shall give in writing to the proper person or authority with a copy to the

GMTD MEHSANA such notification as may be mandatory or necessary in connection

with the commencement suspension resumption performance and or completion of the

contracted work All notices shall be given sufficiently in advance of the proposed

operation to permit proper correlation of activities and the contractor shall keep all proper

persons or authority involved regularly advised of the progress or operation through out the

performance of the work together with such other information and or supporting figures

15 Signature of the Contractor

and data as may from time to time as directed or required

13 DELAY IN EXECUTION OF WORK

The Company will make every reasonable effort to furnish the materials required to be

furnished by it under the contract and right of user including the permit required to be

furnished by the Company under the contract and made available in due time so as not to

delay execution of the work The Company will however not be liable to the contractor for

any losses or damages costs charges or expenses that the contractor may in any way

sustain suffer due to delay in making the above available However an extension in time

schedule may be admitted on the above reason

14 SHUT DOWN ON ACCOUNT OF WEATHER CONDITIONS

The contractor shall not be entitled to any compensation whatsoever by reason of

suspension of the whole or any part of the work made necessary by the Company or

deemed advisable on account of bad weather conditions or other unavoidable conditions

15 SECURITY DEPOSIT amp EARNEST MONEY DEPOSIT

EMD (Bid Security) is Rs 9458- amp Performance Security Deposit (PBG) is 10 of

Estimated Tender Cost

151 The security deposit or a part thereof or such balance thereof if any as may remain

after deduction there from in respect of any outstanding bills of the contractor to the

Company shall be paid back to the contractor after termination of contract on expiry of

contract period The contractor shall remain liable to the Company in respect of any

shortfall or discharge of liabilities notwithstanding return of security deposit or any part

thereof The security deposit is required to protect the company against the risk of the

tendererrsquos conduct and breach of contract in which case it would be forfeited without

prejudice to any other action that the company may take against the contractor

152 No interest will be payable on the earnest money or the security deposit or amount

payable to the contractor under the contract

153 Tenderer shall furnish as part of his bid a bid security (Earnest Money Deposit) for a

specified amount The Tenderer (Small scale Units) who are registered with National

Small Scale Industries Corporation under Single Point Registration Scheme are exempted

from bid security (Earnest Money Deposit) up to the amount equal to their monetary limit

In case of Tenderer having monetary limit as no limit the exemption will be limited to Rs

5000000- (Rs Fifty lakhs) only as per the existing policy of Company A proof regarding

current registration with NSIC for the Tendered Item will have to be attached along with

the bid

154 The bid security (Earnest Money Deposit) is required to protect the company against

the risk of tenderers conduct which would warrant the EMD forfeiture pursuant to Para

159

155 The bid security (Earnest Money Deposit) shall be in the form of cash or a Demand

DraftBankerrsquo chequePay order from any NationalizedSchedule Bank payable at

MEHSANA in favour of the AO (cash) BSNL Oo GMTD MEHSANA Payment in any

other form is not acceptable Any Small Scale Industry Firm claiming exemption from the

payment of bid security (Earnest Money Deposit) should submit the copy of the current

registration with National Small Industries Corporation (NSIC) for the tendered items No

16 Signature of the Contractor

interest on bid securityEMD payable

156 A Bid not secured in accordance with Para 153 amp 155 shall be rejected by the

company

157 The bid security (Ernest Money Deposit) of the unsuccessful bidder will be discharged

returned as promptly as possible and no claim whatsoever in this respect would be

entertained

158 The successful bidderrsquos bid security (Earnest Money Deposit) will be returned after

the bidderrsquos acceptance of the tender amp performance security deposit

159 The bid security (Earnest Money Deposit) will be forfeited

a) If the Tenderer withdraws his bid during the period of bid validity specified by

the Tenderer on the Bid form Rate sheet Price Bid or

b) In the case of a successful Tenderer if the bidder fails

i) to sign the Agreement contract amp

ii) to furnish Security Deposit

1510 The performance security deposit (PSD) deposited by the successful bidder in the

form of Cash or in PBG will be released after successful completion of contract and no due

pending against him

16 INSPECTIONS AND TESTING

The GMTD MEHSANA or his representative or any of the officers shall have free

access to the work site at all time for inspection The contractor shall render to the

representative of the company all possible assistants and facilities for the purpose

17 ASSESSMENTS PERMITS LICENCES AND OTHER FACILITIES

17l The contractor shall obtain provide at his own cost all assessments permits and

licenses necessary to do its work

172 The contractor shall be responsible for obtaining at his expense such licenses

permitfacilities as are necessary for the contractor to operate and do business in the

republic of India and in the state in which the work is to be performed

173 The contractor will not be entitled to extra compensation for hardship and increase in

cost Some cases may necessitate special method of execution of work and such

contingency shall deemed to have been provided for in the rates

18 PROTECTION OF LIFE AND PROPERTY AND EXISTING FACILITIES

181 The contractor is fully responsible for taking all possible safety precautions during

preparation for and actual performance of the work

182 The contractor shall undertake to indemnify and keep indemnified the Company from

and against all actions cause of actions damages claims and demand whatsoever either in

law or in inquiry and all losses and damages and costs (inclusive between attorney and

client) charges and expenses in connection there with and or incidental thereto The

contractor shall take all responsibility and risk in the execution of the work

183 It shall be the responsibility of the contractor to see that his employees or any other

person does not misbehave with anybody in company

17 Signature of the Contractor

19 INDEMNITIES

191 The contractor shall at all time hold the Company harmless and indemnify from

against all actions suits proceeding work cost damages charge claims and demand of

every nature and description brought or procured against the Company its officer and

employee and forth with upon demand and without pretest or demur to pay to the

Company any and all losses and damages and cost (inclusive between attorney and client)

and all costs incurred in endorsing this or any other indemnities or security which the

Company may now or at any time have related to the work or the contractors obligations

or in protecting or endorsing its right in any suit or other legal proceeding charges and

liabilities resulting from or incidental or in connection with injury disease or disablement

or death of any person (s) including employee of the contractor or damage to the property

resulting from or arising out of or in any way connected with or incidental to the operator

cause by the contractor documents In addition the contractor shall reimburse the Company

or pay to the Company forthwith on demand without protest or demure all costs charges

and expenses and losses and damages otherwise incurred by it in consequence of any

demands and actions which may be brought against the Company arising out of or

incidental or in connection with the operation covered by the contractor

192 The contractor shall at his own cost at the Company request defend any suit or other

proceeding asserting a claim covered by this indemnity but shall not settle compound or

compromise such suit or other finding without first consulting the Company

20 COMPLIANCE WITH LAW AND REGULATIONS

201 During the performance of the work the contractor shall at his own cost and initiative

fully comply with all applicable law of the land and with any and all applicable by-laws

rules regulations and orders and any other provision having in forces of any Company

Company agencies or department municipal board Company or other regulatory or

authorized body of person and shall provide all certificate of compliance therewith as may

be required by such applicable law by-law rules regulation orders or provision The

contractor shall assume full responsibility for the payment of all contributions and pay roll

taxes as to its employee servants or agent engaged in the performance of the work

specified in the contract documents The contractor require any assignee or sub-contractor

to whom any portion of the work to be performed hereunder may be assigned subleased

or sub-contracted to comply with the provision of the clause and in this connection the

contractor agrees as to undertake to save and hold the Company harmless and indemnified

from and against anyall penalty actions suits losses and damages claims and demands

and cost (inclusive between attorney and client) charges and expenses whatsoever arising

out of occasioned indirectly or directly by failure of the contractor or any assignee or

sub-contractor to make full and proper compliance with the said by-laws rules regulation

law and order and provision as aforesaid

202 Subject to the provisions of the contractor labour (Abolition and regulation Act

1970) the contractor shall not commence actual work unless he produces a receipt from

the concerned licensing authority that he has applied for licensees from the prescribed

licensing authority which may be produced within the period of 15 days or commencing

the work

203 Contractor will have to carry out the work under the rules and regulation of Labour

Act

18 Signature of the Contractor

21 OPTIONAL TERMINATION BY COMPANY (OTHER THAN DUE DEFAULT OF

CONTRACTOR)

211 The Company may at any time at its option cancel and terminate this contract by

written notice to the contractor in which event the contractor shall be entitled for payment

for the work done upto the time of such cancellation

212 In the event of the termination of the contract the contractor shall forthwith hand over

possession of the EPBT amp CLIP Concerned to the company or as the company may direct

213 The Company may at its option cancel or omit the execution of one or more items

of work under this contract and any part of such item(s) without any compensation

whatsoever to the contractor

22 TAXES AND DUTIES

Contractor shall pay all rates levies fees royalties taxes and duties except service tax

payable or arising from out of by virtue of or in connection withor incidental to the

contract or any of the parties in terms of the contract documents andor in respect of the

works or operation(s) or any part thereof to be performed by the contractor and the

contractor shall indemnify and keep indemnified the company from and against the same

or any default by the contractor in the payment thereof other taxes imposed by the

Government will be borne by the contractors Service tax will be paid by BSNL provided

that service tax particulars supplied amp claimed in bills

23 BREACH OF CONTRACT

The Designated officialnominated representative may without prejudice to his right

against the contractor in respect of any delay or inferior workmanship or otherwise or to

any claims of damage in respect of any breaches of the contract and without prejudice to

any rights or remedies under any of the provisions of this contract or otherwise and

whether the date for completion has or has not elapsed by notice in writing absolutely

determine the contract in any of the following cases -

(i) If the contractor having been given by the designated official nominated

representative a notice in writing to rectify reconstruct or replace any defective work or

that the work is being performed in any inefficient or otherwise improper or un work

manlike manner shall omit to comply with the requirements of such notice for a period of

fifteen days thereafter or if the contractor shall delay or suspend the execution of the work

so that either in the judgment of the Designated official (which shall be final and binding)

he will be unable to secure completion of the work by the date for completion or he has

already failed to complete the work by that date

(ii) If the contractor being a company shall pass a resolution or the court shall make an

order that the company shall be wound up or if a receiver or a manager on behalf of a

creditor shall be appointed or if circumstances shall arise which entitle the court or creditor

to appoint a receiver or a manager or which entitle the court to make a winding up order

(iii) If the contractor commits breach of any of the terms and conditions of this contract

(iv) If the contractor commits any acts mentioned in clause thereof

24 When the contractor has made himself liable for action under any of the aforesaid

19 Signature of the Contractor

clauses the Designated official on behalf of the company shall have powers -

(a) To determine or rescind or terminate the contract as aforesaid (of which termination

or rescission notice in writing to the contractor under the hand of the Designated

officialnominated representative shall be conclusive evidence) Upon such determination

or rescission the Security deposit of the contractor shall be liable to be forfeited and shall

be absolutely at the disposal of Company Notice for period of 15days will be received

from the date of issue of notice

(b) To employ other agency paid by the company and to supply materials to carry out the

works or part of the work debiting the contractor with the cost of the work and the price of

the materials (of the amount of which cost and price certified by the Designated official

shall be final and conclusive against the contractor) and crediting him with the value of the

work done in all respects in the same manner and the rates as if it had been carried out by

the contractor under the terms of the contract The certificate of the GMTD-MEHSANA as

to the value of the work done shall be final and conclusive against the contractor provided

always that action under the sub-clause shall only be taken after giving notice in writing to

the contractor Provided also that if the expenses incurred by the company are less than the

amount payable to the contractor at his agreement rates the difference should not be paid

to the contractor

(c) After giving notice to the contractor to measure up the work of the contractor and to

take such part thereof as shall be unexecuted out of his hands and to give it to another

contractor to complete in which case any expenses which may be incurred in excess of the

sum which would have been paid to the original contractor if the whole work has been

executed by him (of the amount of which excess the certificate in writing of the Designated

official shall be final and conclusive) shall be borne and paid by the original contractor and

may be deducted from any money due to him by company under this con tract or on any

other account whatsoever or from his security deposit or the proceeds of sales thereof or a

sufficient part thereof as the case may be

25 In the event of any one or more of the above courses being adopted by Designated

official the contractor shall have no claim to compensation for any loss sustained by him

by reason of his having purely leased or procured any materials or equipment or entered

into any agreement or made any advances account or with a view to the execution or the

work or the performance of the contract and in case action is taken under any of the

provisions aforesaid the contractor shall not be entitled to recover or be paid any sum for

any work thereto or actually performed under this contract unless and until Designated

official has certified in writing the performance of such work and the value payable in

respect thereof and he shall only be entitled to be paid the value so certified

26 In any case in which any of the powers conferred upon the Designated official by

clause 24 thereof shall have become exercisable and the same shall not be exercised the

non exercise thereof shall not constitute a waiver of any of the conditions hereof and such

powers shall notwithstanding be exercisable in the event of any future case of default by

the contractor and the liability of the contractor for compensation shall remain unaffected

In the event of the Designated official putting in force all or any of the powers vested in

him under the proceeding clause he may if he so desires after giving a notice in writing to

the contractor take possession of (or at the sole discretion of the Designated official which

shall be final) use as on hire (the amount of the hire money being also in the final

determination of the Designated official) all or any tools materials and stores in or upon

the works or the materials belonging to the contractor or procured by the contractor and

20 Signature of the Contractor

intended to be used for the execution of the contract or any part thereof paying or

allowing for the same amount at the contract rates or in the case of these not being

applicable at current market rates to be certified by the Designated official whose

certificate thereof shall be final otherwise the Designated official by notice in writing may

order the contractor or his clerk of the works foremen or other authorized agent to remove

such tools plants materials stores from the premises (within and time to be specified to

comply with any such requisition the Designated official may remove them all at

contractors expense or sell them by auction or private sale on account of the contractor and

it his risk in all respects and the certificate of the Designated official as to the expense of

any such removal and the amount of the proceeds and expenses of any such sale shall be

final and conclusive against the contractor

27 If the contractor shall desire an extension of time for completion of the work on the

grounds of his having been unavoidably hindered in its execution or on any other ground

he shall apply in writing to the Designated official within seven days of the date of

hindrance on account of which he desired such extension as aforesaid and the Designated

official shall if in his opinion (which shall be final) reasonable grounds be shown

therefore authorize such extension of time if any as may in his opinion be necessary or

proper

28 If at any time after the commencement of the work the company for any reason

whatsoever not require the whole thereof as specified in the tender to be carried out the

Designated official shall give notice in writing of the fact to the contractor who shall have

no claim to any payment of compensation whatsoever on account of any profit or

advantage which he might have derived from the execution of the work in full but which

he did not derive in consequence of the full amount of the work not having been carried

out neither shall he have any claim for compensation by reason of any alterations having

been made in the original specifications drawings designs and instructions which shall

involve any curtailment of the work as originally contemplated

29 INSPECTION

All work under or in course of execution or executed in pursuance of the contract shall at

all times be open to the inspection and supervision of the Designated official and his

authorized subordinates and the contractor shall at all times during the usual working hours

and at all other times at which reasonable notice of the intention of the Designated official

or his subordinate visit the works shall have been given to the contractor either himself be

present to receive order and instructions or have a responsible agent duly a credited in

writing present for that purpose Orders given to the contractors agent shall be considered

to have the same force as if they had been given to the contractor himself

30 WORKMENS COMPENSATION

In every case in which by virtue of the provisions of section 12 sub-section

(i) of the workmenrsquos compensation Act 1923 Company is obliged to pay compensation to

a workman employed by the contractor in execution of the works Company will recover

from the contractor the amount of the compensation so paid and without prejudice to the

rights of the Company under section 12 Sub section

(ii) of the said Act Company shall be at liberty to recover such amount or any part thereof

by deducting it from the security deposit or from any sum due by the company to the

contractor whether under this contract or otherwise Company shall not be bound to contest

21 Signature of the Contractor

any claim made against it under section-12 subsection (i) of the said Act except on the

written request of the contractor and upon his giving to company full security for all costs

for which Company might become liable in consequence of contesting such claim

31 LABOUR WELFARE

311 In every case in which by virtue of the provisions of the contract Labour (Regulation

and Abolition) Act 1970 and of the contract labour (Regulation and abolition) Central

Rules 1971 Company is liable to pay any amounts of wages to a workman employed by

the contractor in execution of the works or to incur any expenditure in providing welfare

and health amenities required to be provided under the above said Act and the Rules under

clause 19 to 19 J and 20 of PWD-8 or under the CPWD Contractors Labour

Regulations or under the Rules framed by Government from time to time for the

protection of health and sanitary arrangements for workers employed by CPWD

contractors company will recover from the contractor the amount of wages so paid or the

amount of expenditure so incurred and without prejudice to the right of the Government

under section 20 sub-section (ii) and section 21 sub-section (4) of the contractor Labour

(Regulation and Abolition) Act 1970 company shall be at liberty to recover such amount or

any part thereof by deducting it from the security deposit or from any sum due by the

company to the contractor whether under this agreement or otherwise company shall not

be bound to contest any claim made against it under section 20 except on the written

request of the contractor and upon his giving to the company full security for all costs for

which Government might become liable in contesting such claim

312 The contractor shall obtain a valid licence (If required depending upon the number of

persons engaged and the nature of the work intended) under the contract Labour (RampA)

Act 1970 and the contract labour (R amp A) Central Rules 1971 before the commencement

of the work and continue to have a valid license until the completion of the work

313 Any failure to fulfill this requirement shall attract the penal provisions of this

contract arising out of the resultant non-execution of the work

314 No person below the age of (18) eighteen years shall be employed on the work

32 FAIR WAGES

(a) The contractor shall pay to persons employed by him either directly or through sub-

contractor wages not less than fair wages as defined in the CPWD Contractors Labour

(Regulations and Abolition) Act 1970 and the contract labour (Regulation and Abolition)

Central Rules 1971 wherever applicable

(b) The contractor shall notwithstanding the previsions of any contract to the contrary

cause to be paid fair wages to persons indirectly engaged on the work including any

labour engaged by his sub contractor in connection with the said work as if the labour had

been immediately employed by him

(c) The General Manager Telecom District MEHSANA or his subordinate officer

concerned shall have the right to deduct from the money due to the contractor any sum

required or estimated to be required for making good the loss suffered by a worker or

workers by reasons of non-fulfillment of the conditions of the contract for the benefit of

the workers non payment of wages or of deduction made from his or their wages are not

justified by their terms of the contract or non-observance of the Regulations

22 Signature of the Contractor

(d) The contractor shall comply with the provisions of the payment of wages Act 1936

Minimum wages Act 1948 Employees Liability Act 1938 Workmenrsquos compensation Act

1923 Industrial Disputes Act 1947 Maternity Benefits Act 1961 and the contractorrsquos

Labour (regulation and abolition) Act 1970 or the modifications there of or any other laws

relating thereto and the rules made there under from time to time

(e) The contractor shall indemnify Government against payments to be made under and

for the observance of the laws aforesaid without prejudice to his right to claim indemnity

from his sub-contractors

(f) The regulations aforesaid shall be deemed to be a part of this contract and any breach

thereof shall be deemed to be a breach of this contract

33 OTHER LABOUR WELFARE MEASURES

The contractor shall comply with all the provision of the Minimum wages Act 1948

Contractor Labour (R amp A) Act 1970 and rules framed and other labour laws affecting

contract labour that may be brought into force from time to time

34 The contract shall not assign or sublet without the written approval of the GMTD

MEHSANA or his nominated representative and if the contractor shall assign or sublet his

contract or attempt so to do or become insolvent or commence any insolvency proceeding

or make any composition with his creditors or attempt so to do or if any bribe gratuity

gift loan perquisite reward or advantage pecuniary or otherwise shall either directly or

indirectly be given promised or offered by the contractor or any of his servants or agent to

any public officer or person in the employ of Government in any way relating of his office

or employment or if any such officer or person shall become in any way directly or

indirectly interested in the contract the Designated official on behalf of the President of

India shall have power to adopt any of the coursed specified in clause 24 as he may deem

best suited in the interest of Government and in the event of any of these course being

adopted the consequences specified in the said clause 24

35 All sums payable by way of compensation under any of these conditions shall be

considered as reasonable compensation to be applied to the use of Government without

reference to the actual loss or damage sustained and whether or not any damage shall have

been sustained

36 PARTNERSHIP FIRMS

Where the contractor is a partnership firm the previous approval in writing of the

Designated officialnominated representative shall be obtained before any change is made

in the constitution of the firm Where the contractor is an individual or a Hindu undivided

family business concern such approval as aforesaid shall like wise be obtained before the

contractor enters into any partnership agreement where under the partnership firm would

have the right to carry out the work hereby undertaken by the contractor If previous

approval as aforesaid is not obtained the contract shall be deemed to have been assigned in

contravention of Clause hereof and the same action may be taken and the same

consequence shall ensure as provided in the said clause

37 All works to be executed under the contact shall be executed under the direction and

subject to the approval in all respected of the Designated official who shall be entitled to

direct at what point or points and in what manner they are to be commenced and from time

to time carried on

23 Signature of the Contractor

38 Whenever any claim against the contractor for the payment of a sum or money arises

out of or under the contract Government shall be entitled to recover such sum by

appropriating in part or whole the security deposit of the contractor and to sell any

Government Promissory Notes etc forming the whole or part of such security In the event

of the security being insufficient or if no security has been taken from the contractor then

the balance or the total sum recoverable as the case may be shall be deducted from any

sum then due or which at any time thereafter may become due to the contractor under this

or any other contract with Government Should this sum be not sufficient to cover the full

amount recoverable the contract shall pay to Government on demand the balance

remaining dues

39 AUDITS AND TECHNICAL EXAMINATION

391 Company shall have the right to cause an audit and technical examination of the

works and the final bills of the contractor including all supporting vouchers abstract etc to

be made after payment of the final bill and if as a result of such audit and technical

examination any sum is found to have been overpaid in respect of any work done by the

contractor under the contract or any work claimed by him to have been done by him under

the contract and found to have amount of over payment and it shall be liable to refund the

amount of over payment and it shall be lawful for Company to recover the same from him

in the manner prescribed or in any other manner legally permissible and if it is found that

the contractor was paid less than what was due to him under the contract in respect of any

work executed by him under it the amount of such under payment shall be duly paid by

Company to the contractor

392 Any sum of money due and payable to the contractor (including Security Deposit

returnable to him) under this contract may be appropriated by the Company and set off

against any claim of the Company for the payment of a sum or money arising out of or

under any other contract made by the contractor with the Company

40 Contractor shall not enter into agreement with any other unit on approved tender of

GMTD MEHSANA without prior approval of the General Manager Telecom District

MEHSANA

41 Without prejudice to any of the rights or remedies under this contract if the contractor

dies the GMTD MEHSANA on behalf of the company shall have the option of

terminating the contract without compensation to the contractor

42 No Engineer of gazetted rank or other gazetted officer employed in Engineering or

administrative duties in an Engineering Department of the Government of India is allowed

to work as contractor for a period of two years of his retirement from Government service

without the prior permission of Government of India This contract is liable to be canceled

if either person who had not obtained the permission of Government of India as aforesaid

before submission of the tender or engagement in the contractors service as the case may

be

43 COMPENSATION FOR DELAY The time allowed for carrying out the work as

mentioned shall be strictly observed by the contractor and shall be deemed to be of the

essence of the contract on the part of the contractor However for special jobs if the

contractor has submitted a time schedule and the same has been accepted by the designated

officialnominated representative of the company the contractor shall comply with the

said time schedule

24 Signature of the Contractor

44 TIME LIMIT amp LIQUIDATED DAMAGE CHARGES

441 It will be at the discretion of the GMTD MEHSANA to revise or modify or extend

the time limits specified for the total work awarded to the contractor or to further specify

the quantum of work to be completed within a specified period provided a written request

has been received from the contractor explaining the reasons for which such extension of

time is asked for and the GMTD MEHSANA in the particular case is convinced and

satisfied that such extension or revision or modification is in the interest of the

Government In such cases payment of liquidated damage as compensation for delay

becomes liable based on such revised or modified or extended time limits and the

conditions under which such extension or modification or revision has been made

Liquidated damage will be charged as per Special Condition clause No2 amp 3 read as

under

1 Delay in collection - Rs5- per instrument per week or part there of for entire lot of

unserviceable instruments collected delayed subject to a maximum Rs20- per instrument

in case timely collection is not done as per 2(b) of special conditions

2 Delay in delivery- Rs2- per week or part there of on the entire lot of instruments

delivered delayed in case of delivery not made timely as per Para 3 of Special conditions

442 The contractor shall have to complete the contractual work within stipulated period

and it is very clearly understood between the parties that the time is made the essence of

contract

45 The Company assumes no responsibility whatever for any oral understandings or

representations made by any its officers or agents or servants prior to the execution of the

contract and all previous negotiations and understandings are hereby canceled

46 STORERSMATERIAL SUPPLIED BY THE GOVERNMENT

All materials supplied to the contractor by the company shall remain the absolute

property of Company and shall not be removed from site of the work except for use in the

work and shall be at all times open to inspection by Designated official

47 In the event of the contractor being adjudged insolvent or going voluntarily into

liquidation or having received order or other order under insolvency Act made against him

or in the case of a company of the passing of any resolution or making of any order for

winding up weather voluntarily or otherwise or in the event of the contractor failing to

comply with any of the conditions herein specified the GMTDMEHSANA shall have

the power to terminate the contract without previous notice

48 ACCEPTANCES AND MEASUREMENT

481 It is important that the work carried out by contractor is approved by the designated

official nominated representative of the company

482 The designated official nominated representative of the Govt and the contractor or

his authorized representative will certify under their signature at the appropriate places that

the work carried out is as per the specification

49 PRICE VARIATION

25 Signature of the Contractor

The Company shall not be responsible for any escalation in prices of labour or materials

machinery equipment etc whatsoever or any increase in any duties levies or taxes in

respect thereof whatsoever and the contractor rates and contractors obligations shall

remain unaffected by such escalation and or increases

50 FORCE MAJEURE

In the event of either party being rendered unable by force majeure to perform this

contract than the obligations of the party effected by such force majeure shall be

suspended for the whole period during which such cause lasts and until normal operation

are resumed and when such cause ends the execution of this contract must be resumed

with all responsible dispatch should the execution of this contract be suspended by force

majeure than a corresponding extension of the completion date shall be automatically

granted The occurrence of a cause of force majeure however shall not relieve the

company and its obligation to make payment to the contractor for the work satisfactorily

executed prior thereto The terms force majeure as employed herein shall mean act of God

war declared or undeclared hostilities enemy actions revolts riots legal lock outs and

eligible strikes tidal waves forest fires major floods explosions earth quakes epidemics

sabotage extra ordinary act and Regulation of central or state Government or Municipality

Bodies Upon the occurrence of such causes and its termination the parties rendered unable

as aforesaid shall notified the other party in writing within 72 hours of the beginning and

ending dates giving full particulars and evidences if required

51 PAYMENTS

The contractor shall prepare the bills claiming shown as labour cost and material cost

separately The contractor shall submit the bills within 30 days after completion of the

work duly certified by the designated officialnominated representative of company

GMTD MEHSANA has full right to disallow the payment of the bills received after 30

days of completion of work

52 The GMTD MEHSANA may however at his discretion allow the contractor to

submit fortnightly bills or at the end of each work

53Income tax at the rate in force at that time would be deducted from his payments of bills

as Tax deducted at source However if any new legislation comes into effect for

deduction of tax at source at any other rate deduction will be made at that rate

The GMTD MEHSANA will issue necessary Income tax deduction certificate or the

Accounts Officer detailing the amount so deducted As Tax Deducted at Source at the time

of payment or each bill

54 The Tenderer should submit all requisite documents including EPF related documents

as per clause in tender terms amp conditions and special conditions along with the bill if

applicable

55 PAYMENT PROCEDURE

551 The bills are to be submitted in TRIPLICATE and in the manner and form that may

be prescribed by the GMTD MEHSANA from time to time ldquoAccounts Payeerdquo cheque

for amount passed in the bill will be issued only after the contractor gives a stamped

receipt for the amount unless the bills are pre-receipt Only Accounts Payee Cheques

drawn on the branch of the state bank of India or other bank in which the GMTD or the

26 Signature of the Contractor

Accounts Officer may be having drawing assignment account will make payments The

payments will be made either by the Accounts Officer or by any other official who at any

period of time may be convenient to the company

552 Any liquidated damages due shall also be recoverable from the bills submitted for the

payment by the aforesaid officer

553 The security deposit with the GMTD Shall be considered for adjustment against

liquidated damages only at the time of final conclusion of the contract and final settlement

of account

554 The GMTD MEHSANA will have e the right to recover liquidated damages for

delay or slow progress of the works from the bills submitted for payment

555 The final settlement of the bills and refund adjustmentappropriation of any amount

detained from the running bill of the contractor shall be made fully after the GMTD is

satisfied that all the contractual obligation have been fully met and no amount remain due

for recovery from the contractor on any count Unless there are specific reasons all

accounts are expected to be settled within a period of six months from the date of

completion of the works in all respects

56 FINAL ACCEPTANCE

If any of the work is found to be unsatisfactory by the designated officialnominated

representative of the govt the contractor shall be intimated in writing of the corrections

repairing to be carried out The contractor shall be required to correct all defects that

remain evident at any time prior to final acceptance of the contractors works by the

GMTD MEHSANA The cost of all such repairs and corrections shall be borne by the

contractor Failure or neglect on the part of the GMTD MEHSANA or his representative

to confirm or reject inferior work notwithstanding final acceptance of the work or any part

thereof by the company THE GMTD MEHSANA Designated official or his

representative shall not be construed to imply the acceptance of such work The provision

of this clause shall not in any way affect or limit the contractors liability under the

undertaking and guarantee contained in the contract documents

57 DISPUTES AND ARBITRATION

All dispute arising between the contractor and GMTD MEHSANA out of this contract

shall be referred to the sole arbitration in the following manners -

a) In case parties are unable to reach a settlement by themselves the dispute should be

submitted for arbitration in accordance with contract agreement

b) There should not be a joint submission with the contractor to the sole arbitrator

c) Each party should submit its own claimed severely and may oppose the claim put

forward by the other party

d) The onus of establishing his claims will be left to the contractor

e) His claim will be firmly resisted by utilizing all the evidence available with the

company

27 Signature of the Contractor

f) Once a claim has been included in the submission by the contractor a retraction or

modification thereof will be opposed

g) The Point of Defense will be based on actual condition of the contract

h) The question whether these conditions are equitable shall not receive any consideration

in the preparation of Points of Defense

i) The arbitrator shall not entertain claims in the nature of ex-gratia payments as these

are not contractual

j) If the contractor including such claims in his submission the fact that they are not

contractual will be prominently placed before the arbitrator

k) In case the amount involved is heavy the sole arbitrator may be within his rights to

conduct the defense by the government pleader

The award of the sole arbitrator shall be final and binding on the parties to the dispute It

is further agreed that reference to the sole arbitration of officer appointed as arbitrator is

conditions precedent and none will be entitled to move the court without referring the

matter to sole arbitrator

58 Contractor should produce latest Income Tax CertificateSales Tax registration

certificate

59GMTD Mehsana reserves the rights to terminate RRC for breach of

conditionconditions of the agreement after giving a show cause notice of 14 days and after

examining reply if any filed by him pursuance to show cause notice

60 GMTD Mehsana reserves the rights to engaged one or more contractors for this work

61 Rates to be quoted in ANNEXURE ndash III Financial Bid in separate sealed cover and

declaration to be given in ANNEXURE-II-A amp ANNEXURE ndash II B duly signed by all

partnersdirectors of the companyfirm

28 Signature of the Contractor

SECTION ndash V

SPCECIAL CONDITIONS

Work Orders shall be issued by concerned SDE approved by DE

1 Scope of the work Repairing of faulty electronic CLIP push button telephone

instruments buttons key including plan instrument It shall cover all instruments

including those having PCB Display of CLI and burnt out due to their connections

to powers inadvertently but excluding PBT with bakelite portion broken

discolored

2 Collection of faulty instruments

A For lifting of faulty instruments the minimum lot size will be of 20 units

the SDEexchange in charge will intimate the quantity of faulty instruments

accumulated with him over telephone or by FAX to the contractor

B The contractor shall ensure the collection of the faulty instruments within

three working days of the date at giving work order or intimation over telephone or

by FAX on working days between 10 AM to 17 PM at his cost

C The contractor shall acknowledge the receipt of the faulty instruments made

over to him

3 Duration of repair

A The contractor shall repair the faulty instruments at his own work-shop and

return the same to SDEexchange in-charge concerned at his own cost within one

week of its collection (for calculating one week the day of collection and day of

handing over will be inclusive)

B After carrying out repairs of the faulty instruments the contractor shall

offer the instruments to SDEExchange in-charge or JTO nominated by him for

inspection and testing one day before the expiry of schedule delivery date The

decision of the inspecting officer as to accept the repaired instruments will be final

and binding on contractor

C The contractor shall pack each repaired instrument suitably in a

polythene bag after polishingbuffing while returning them to SDE

D The contractor shall paste stiker with date of repairing on back side of

each repaired instrument while returning them to SDE

E The repaired instruments shall be returned back to the same SDEExchange

in-charge unless specified otherwise from where these instruments were collected

for repairs

4 Warranty repair

The contractor will undertake quality repair which will ensure the normal

troubledefect free performance of the instruments for a period of 12 months from

the date of inspection and clearance In case the repaired instruments develops

any defect or any deficiency or fault ie it becomes faulty during the warranty

29 Signature of the Contractor

period the contractor shall rectify repair and remedy such defects deficiency in the

repaired instruments at his own cost and expenses

5 A Method of evaluation

Tenders will be evaluated with reference to the total cost worked out by

multiplying rates quoted by Tenderer with approximate number of EPBT amp

CLIP Instruments as shown in the price bid

B Reports

1 The contractor shall furnish a summary of fault found and namedetails of

the components replaced in the instruments repaired while offering them for

inspection

2 The contractor shall also furnish a quarterly analysis of faulty and repaired

batch wise as per Annexure-I

6 Quality of components

The contractor shall use good quality components for repairs of the instruments

The replaced parts should be purchased by the contractor from DOT approved

source s

7 Liquidated damage

1 Delay in collection Rs 5- per instruments per week or part thereof for

entire lot of unserviceable instruments collected delayed subject to a

maximum of Rs 20- per instruments In case timely collection is not don as

per Para 2(B) above

2 Delay in delivery Rs2 per instrument per week or part thereof on the

entire lot of instruments delivered delayed in case delivery not made timely

as per Para 3 above

8 Quantum of EMD and PSD

EMD as per NIT - to be paid either in cash or in form of DDBankerrsquos

ChequePay Order from NationalizedScheduled Bank in favour of Accounts

Officer (Cash) BSNL Oo GMTD ndash Mehsana payable at Mehsana

Performance Security Deposit 10 of estimated cost of tender payable either in cash or DD or in form of Bank guarantee

from Nationalized BankScheduled Bank for a period of 24 months which will be released or refunded after successful

completion of contract and no due pending against contractor 9 Extension of validity of RRC period Period of RRC will normally

be one year However GMTD Mehsana reserves the right to extend it for a further period of six months or one year or part

there of under the same rates and terms and conditions

Estimated cost for the second year or part there of shall be considered same as approved for first year or part

there of on pro-rata basis

30 Signature of the Contractor

10 Eligibility The bidder should have

Experience of repairing of CLIP or EPBT Instruments in DOTBSNLGovt

PSU Private SectorFirm for one year during last five years as per NIT

11 Documents to be submitted with Technical Bid (Qualifying Bid) to establish

their eligibility for bidding

111 Experience certificate (self attested copy) issued by not below the rank of DEAGM in

DOTBSNLGovtPSUPrivate SectorFirm as required under clause 10 above

112 Self attested Copy of registration of firm (not required for proprietorship)

113 For EPF particulars submit the EPF registration certificate if applicable

(If not applicable submit the clarification as to how not applicable and submit

undertaking on Non judicial stamp paper of Rs 50- regarding submission of it within

one month after the agreement with BSNL Mehsana) If the firms which are under

partnership deed Company Pvt Ltd shall have to submit EPF registration certificate

If not obtain they shall have to obtain the earliest and latest by the time of agreement

They shall have to submit necessary undertaking certificate for this in ANNEXURE-

VI

114 Self attested Copy of Registration particulars with Central Excise for Service Tax If

undertaking is given he shall have to submit within one month before agreement failing

which there will be no agreement (If Service tax is not applicable he shall have to

submit reasons as to how it is not applicable)

115 Partnership deed amp power of attorney who has signed the bid (self attested copy) if

applicable

116 Bio-data of Tenderer in ANNAXURE--IV

117 Declaration to be given in ANNEXURE-II A amp II B

12 Rates to be quoted in ANNEXURE-III In Financial Bid to be submitted separately

in sealed cover

13 GMTD Mehsana reserves the rights to terminate RRC for breach of condition

conditions of the agreement after giving a show cause notice of 14 days and after

examination reply if any filled by him pursuance to show cause notice

14 EPF contribution in respect of LabourEmployees employed by the contractor for

execution of works of BSNL if applicable The contractor will have to

fulfillcompliance of the provisions of EPF amp Misc provisions Act1952 amp Employees

provident fund scheme-1952 by the contractor in respect of LaboursEmployees

engaged by them for performing the work of BSNL while submitting the claim of bills

towards works executed by him if applicable he must accompany the

i List showing the details of LaboursEmployees engaged

ii Duration of their engagement

iii The amount of wages paid to such LaboursEmployees for the duration in question

iv Amount of EPF contribution (both employees amp employers contribution) for the

duration of engagement in question paid to the EPF authorities

31 Signature of the Contractor

v Copies of authenticated documents of payments of such contributions to

EPF authorities and a declaration for compliance of EPF Act 1952

15 The BSNL reserves the right to disqualify such bidders who have a record of not

meeting contractual obligation against earlier contracts entered into with the

BSNL MEHSANA

16 Multiple Vendor System -The BSNL Mehsana intends to limit the number

of technically amp commercially responsive bidders to (Maximum three) from

the list of such bidders arranged in increasing order of their evaluated rate

starting from the lowest for the purpose of award of work against this

tender The distribution of quantum of work among the bidders is as per

clause of Section ndash of tender document

ldquoHowever SSA Head Mehsana reserve the right for the award of contract amp

work of entire tendered quantity to the bidder with the lowest evaluated

ratesrdquo

17 NOTE-

Tender documents containing detailed description of work terms amp conditions can be

had from Asstt General Manager (MM) Oo GMTD Mehsana 2nd Floor Admn

Building Sanchar Bhawan Pilaji Ganj Mehsana-384001 between 10=00 hours to

17=00 hours from 26102016 to 17112016 on all working days

Asstt General Manager (MM) Oo GMTD Mehsana ndash 384001

32 Signature of the Contractor

SECTION ndashVI

1 Specification and Tentative Quantum of work for repairing of EPBT amp

CLIP (approximate)

Sr

No

Name of SDE Unit

[Concern Supervising

Authority]

Quantum of Works for Tender for repairing

of EPBT amp CLIP Instruments [In No]

CLIP Inst EPBT

Inst

Buttons

Key

Plan Inst

1 SDE P MEHSANA 750 900 3 5

2 SDE G MEHSANA 225 250 5 0

3 SDE G CHANASAMA 100 0 5 0

4 SDE G CHHATRAL 350 200 0 0

5 SDEP KADI 50 0 0 0

6 SDEG KADI 50 0 0 0

7 SDEP KALOL 750 450 7 0

8 SDEG KALOL 150 50 0 0

9 SDEP VIJAPUR 60 85 2 0

10 SDEG VIJAPUR 75 95 2 0

11 SDEG MNSGZR 50 80 3 0

12 SDEG KUKARWADA 50 75 2 0

13 SDEP VISNAGAR 350 200 5 0

14 SDEG VISNAGAR 150 75 4 0

15 SDEG VADNAGAR 100 25 4 0

16 SDEG SATLASANA 75 40 3 0

17 SDEG KHERALU 100 50 3 0

18 SDEP UNJHA 500 400 3 0

19 SDEG UNJHA 100 113 2 0

20 SDEP SIDHPUR 450 300 3 0

21 SDEG SIDHPUR 200 200 5 0

22 SDEP PATAN 350 150 5 0

23 SDEG PATAN 100 50 5 0

24 SDEG HRJSAMI 100 50 4 0

Total 5235 3838 75 5

33 Signature of the Contractor

SECTION ndashVII

STANDARD SCHEDULE OF RATE (SOR) FOR REPARING OF EPBT

AND CLIP INSTRUMENT IN MEHSANA TELECOM DISTRICT (MEHSANA SSA)

To

GMTD Mehsana

Sub - Our Financial Bid for repairing of EPBT amp CLIP Instruments in Mehsana SSA

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Sir

Having examined the tender documents terms amp conditions specification of work

stipulated there in IWe the undersigned offer our rates in percentage as under

Brief description of items for

Repairing under ARC

Approx Quantity to be

repaired under ARC

SOR Per Instrument

(a) (b) (c)

(1) Repairing of CLIP Telephones

instruments

5235 No Rs 55-

(2) Repairing of Electronics Push

Button Telephones (EPBT)

3838 No Rs 23-

(3) Repairing of Buttons Key

75 No Rs 26-

(3) Repairing of Plan Instruments

5 No Rs 39-

Note- The Quantity of Clip instrument ( 5500) may be consider which AMC will be expired as per given below -

(1) AMC of 1400 PTPL instrument may be expired on 23092016

(2) AMC of 3100 PTPL instrument may be expired on 21012017

(3) AMC of 1000 PTPL instrument may be expired on 25032017

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

34 Signature of the Contractor

ANNEXURE-I

Fault analysis report of instruments of quarter ending

No of faulty

instruments

with

contractor at

the

beginning of

the period

No of faulty instruments

received by contractor

during the quarter

No of faulty instruments

repaired and returned to

Depot officer

CF No of

faulty

instruments

with

contractor

In warranty Out of

warranty

In warranty Out of

warranty

1

2

Nature of Fault

Type No Of instruments

No

dial

tone

Dial

faulty

No

ring

Poor

speechdisturbance

Dead Display

Fault

No fault

foundMisc

In

warrant

Out of

warranty

Repairing carried out

Type Faults in

TransmitterReceiver Ringer Contract

foil

PCB

Fault

Disply No fault

foundMisc

In

warrant

Out of

warranty

35 Signature of the Contractor

ANNEXURE ndashII

DECLARATION

(TO BE SUBMITTED WITH TECHNICAL BID)

IWe hereby declare that IWe have carefully gone through the Terms amp Conditions of

Tender Notice Invited vide No MMTenderMehsana2016-1706 Dated 26102016 in

detail and agree to the rate submitted by MeUs in the rate sheet and IWe agree in full to

abide by them

1) Signature of the Party ___________________________________

Full Name ___________________________________

(In block letter) ___________________________________

2) Full address ___________________________________

___________________________________

___________________________________

___________________________________

Tele No (O)________________________________

(R)________________________________

3) Capacity in which the __________________________________

Tender is signed

Rubber stamp is required) __________________________________

__________________________________

Date Signature of the Tenderer with seal

36 Signature of the Contractor

ANNEXURE ndash IV

DECLARATION REGARDING EPF TO BE GIVEN ON NON-JUDICIAL STAMPS

PAPER OF RS 100-

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

I helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipProprietor of

Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip do here by declare

that I am the proprietor of my above firm I am carrying out the repairing of

EPBT amp CLIP my self I do not engage labour So EPF is not applicable to

me

However the decision of the competent authority shall be binding to me in

this regard

Name of the Bidder

Signature of the Bidder with Seal

37 Signature of the Contractor

ANNEXURE ndash V

Undertaking to be given for compliance of EPF Registration certificate

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

We the partners Directors of the firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Do here by undertake that if our tender is accepted we will submit the EPF Registration

certification at the earliest latest by one month after the agreement carried out with the

BSNL Mehsana for execution of works for repairing of EPBT amp CLIP Instruments in

Mehsana SSA failing which the decision of the competent authority will be binding on us

To be signed by all Partners directors

38 Signature of the Contractor

ANNEXURE ndash VI

LETTEROF AUTHORISATION FOR ATTENDING BID OPENING

Tender Number MMTenderMehsana2016-1706 Dated 26102016

Subject Authorisation for attending bid opening on___________________(date) the

tender of following persons are hereby authorised to attend the bid opening

for the tender mentioned above on behalf of ______________________

(Bidder) in order of preference given below

Order of Preference Name

Specimen Signatures

I

II

Alternate

Representative

Signatures of

bidder

Or

Officer authorised to sign the bid

Documents on behalf of the bidder

No 1 Maximum of two representatives will be permitted to attend bid opening In

case where it is restricted to one first preference will be allowed Alternate

representative will be permitted when regular representatives are not to able

attending

2 Permission for entry to the hall where bids are opened may be refused in case

authorisation as prescribed above is not recovered

39 Signature of the Contractor

ANNEXURE ndash VII

INTEGRITY PACT

Between

Bharat Sanchar Nigam Limited (BSNL) GMTD-Mehsana hereinafter referred to as ldquoThe

Principalrdquo

And

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphereinafter referred to as ldquoThe BidderContractorrdquo

Preamble

The Principal intends to award under laid down organizational procedures contracts for --

----------------------------------------- The Principal values full compliance with all relevant

laws and regulations and the principles of economic use of resources and of fairness and

transparency in its relations with its Bidders and Contractors

In order to achieve these goals the Principal will appoint an Independent External Monitor

who will monitor the tender process and the execution of the contract for compliance with

the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to

observe the following principles -

(a) No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for

or accept for himherself or third person any material or immaterial benefit which heshe

is not legally entitled to

(b) The Principal will during the tender process treat all Bidder(s) with equity and reason

The Principal will in particular before and during the tender process provide to all

Bidder(s) the same information and will not provide to any Bidder(s)

confidentialadditional information through which the Bidder(s) could obtain an advantage

in relation to the tender process or the contract execution

(c) The Principal will exclude from the process all known prejudiced persons

(2) If the Principal obtains information on the conduct of any of its employees which is a

criminal offence under the relevant Anti-Corruption Laws of India or if there be a

substantive suspicion in this regard the Principal will inform its Vigilance Office and in

addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder(s)Contractor(s)

(1) The Bidder(s)Contractor(s) commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation

in the tender process and during the contract execution

(a) The Bidder(s)Contractor(s) will not directly or through any other person or firm offer

promise or give to any of the Principalrsquos employees involved in the tender process or the

40 Signature of the Contractor

execution of the contract or to any third person any material or immaterial benefit which

heshe is not legally entitled to in order to obtain in exchange any advantage of any kind

whatsoever during the tender process or during the execution of the contract

(b) The Bidder(s)Contractor(s) will not enter with other Bidder(s) 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

(c) The Bidder(s)Contractor(s) will not commit any offence under the relevant Anti-

corruption Laws of India further the Bidder(s)Contractor(s) will not use improperly for

purposes of competition or personal gain or pass on to others any information or

document provided by the Principal as part of the business relationship regarding plans

technical proposals and business details including information contained or transmitted

electronically

(d) The Bidder(s)Contractor(s) will when presenting his bid disclose any and all

payments he has made is committed to or intends to make to agents brokers or any other

intermediaries in connection with the award of the contract

(2) The Bidder(s)Contractor(s) will not instigate third persons to commit offences outlined

above or be an accessory to such offences

Section 3 ndash Disqualification from tender process and exclusion from future contracts

If the Bidder(s)Contractor(s) before contract award or during execution has committed a

transgression through a violation of Section 2 above or in any other form such as to put his

reliability or credibility in question the Principal is entitled to disqualify the

Bidder(s)Contractor(s) from the tender process or take action as per the defined procedure

Section 4 ndash Compensation for Damages

(i) If the Principal has disqualified the Bidder(s) from the tender process prior to the award

according to Section 3 the Principal is entitled to demand and recover the damages

equivalent to Earnest Money Deposit Bid Security

(ii) If the Principal has terminated the contract according to Section 3 or if the Principal is

entitled to terminate the contract according to section 3 the Principal shall be entitled to

demand and recover from the Contractor the amount equivalent to Security Deposit

Performance Bank Guarantee in addition to any other penalties recoveries as per terms

and conditions of the tender

Section 5 ndash Previous transgression

(i) The Bidder declares that no previous transgression occurred in the last 3 years with any

other Company in any country conforming to the Anti-corruption approach or with any

other Public Sector Enterprise in India that could justify his exclusion from the tender

process

(ii) If the Bidder makes incorrect statement on this subject he can be disqualified from the

tender process or action can be taken as per the defined procedure

Section 6 ndash Equal treatment of all BiddersContractorsSubcontractors

41 Signature of the Contractor

(i) The principal will enter into agreements with identical conditions as this one with all

BiddersContractors

(ii) The Bidder(s)Contractor(s) undertake(s) to demand from all subcontractors a

commitment in conformity with this Integrity Pact

(iii) The Principal will disqualify from the tender process all bidders who do not sign this

Pact or violate its provisions

Section 7 ndash Criminal charges against violating

Bidder(s)Contractor(s)Subcontractor(s)

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or

of an employee or a representative or an associate of a Bidder Contractor or

Subcontractor which constitutes corruption or if the Principal has substantive suspicion in

this regard the Principal will inform the Corporate Vigilance Office

Section 8 ndash External Independent MonitorMonitors

1 Principal appoints competent and credible Independent External Monitor for this Pact

The task of the Monitor is to review independently and objectively whether and to what

extent the parties comply with the obligations under this agreement

2 The Monitor is not subject to instructions by the representatives of the parties and

performs his functions neutrally and independently He reports to the CMD of the BSNL

3 The Bidder(s)Contractor(s) accepts that the Monitor has the right to access without

restriction to all Project documentation of the Principal including that provided by the

Contractor The Contractor will also grant the Monitor upon his request and demonstration

of a valid interest unrestricted and unconditional access to his project documentation The

same is applicable to Subcontractors The Monitor is under contractual obligation to treat

the information and documents of the Bidder(s)Contractor(s)Subcontractor(s) with

confidentiality

Notwithstanding anything contained in this Section the Bidder(s)Contractor(s) shall have

no obligation whatsoever to provide any internal costing mechanisms or any internal

financial or commercial data pursuant to any audit or review conducted by or on behalf of

the Principal Further the Bidder(s)Contractor(s) shall not be required to provide any data

relating to its other customers or any personnel or employee related date

4 The Principal will provide to the Monitor 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 Principal and the Contractor The parties offer to the

Monitor the option to participate in such meetings

5 As soon as the Monitor notices or believes to notice a violation of this agreement he

will so inform the Management of the Principal and request the Management to

discontinue or take corrective action or to take other relevant action The monitor can in

this regard submit non-binding recommendations Beyond this the Monitor has no right to

demand from the parties that they act in a specific manner refrain from action or tolerate

action

42 Signature of the Contractor

6 The Monitor will submit a written report to the Chairperson of the Board of the Principal

within 8 to 10 weeks from the date of reference or intimation to him by the lsquoPrincipalrsquo and

should the occasion arise submit proposals for correcting problematic situations

7 If the Monitor has reported to the CMD of the BSNL a substantiated suspicion of an

offence under relevant Anti-Corruption Laws of India and the BSNL has not within

reasonable time taken visible action to proceed against such offence or reported it to the

Corporate Vigilance Office the Monitor may also transmit this information directly to the

Central Vigilance Commissioner Government of India

8 The word lsquoMonitorrsquo would include both singular and plural

Section 9 ndash Pact Duration

This Pact begins when both parties have legally signed it It expires for the Contractor 12

months after the last payment under the contract and for all other Bidders 6 months after

the contract has been awarded

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 dischargeddetermined by

CMD BSNL

Section 10 ndash Other provisions

1 This agreement is subject to Indian Law Place of performance and jurisdiction is the

Registered Office of the Principal ie New Delhi The arbitration clause provided in the

tender document contract shall not be applicable for any issue dispute arising under

Integrity Pact

2 Changes and supplements as well as termination notice need to be made in writing

3 If the Contractor is a partnership or a consortium this agreement must be signed by all

partners or consortium members

4 Should one or several provisions of this agreement turn out to be invalid the remainder

of this agreement remains valid In this case the parties will strive to come to an agreement

to their original intensions

------------------------------------ ----------------------------------

For the Principal For the BidderContractor

Placehelliphelliphelliphelliphelliphelliphelliphellip Witness 1 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphellip Witness 2 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

43 Signature of the Contractor

Anexx-VIII

AGREEMENT

This agreement made on thishelliphelliphellip day of helliphelliphellip Yearhelliphelliphelliphellip Between hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphellipHerein after called ldquo The contractorrdquo (which expression shall unless excluded by or

repugnant to the context include its successors heir executors administrative representative and

assignee) of the one part amp the BSNL (GMTD Mehsana) herein after referred to as the BSNL of

other part Tender No MMTenderMehsana2016-1706 Dated 26102016

Where as the contractor has offered to enter with the said BSNL for the contract for repairing of

EPBT amp CLIP Plan instruments amp Buttons Key in Mehsana SSA Mehsana Telecom District on

the terms and conditions herein contained and the rates approved by the BSNL (copy of rates

annexed) have been dully accepted and whereas the necessary security deposit have been furnished

in accordance with the provision of the tender documents and whereas no interest will be claimed

on the security deposit Now these presents witness and it is hereby agreed and declared by and

between the partiesrsquo presents as follows

(1) The contractor shall during the period of this contract that is to say fromhelliphelliphelliphelliphellipTo

helliphelliphelliphellip or completion of work whichever is earlier or until this contract shall be

determined by such notice as is herein after mentioned safely carried out by means of

Labours employed at his own expense and by means of tools implements of equipments

etc to be supplied by him to his Labours at his own expense all work of repairing of

EPBT amp CLIP instruments as described in tender documents (annexed to the agreement)

when the BSNL or any other person authorized by GMTD Mehsana in that behalf require it

is under stood by the contractor that the quantity of work mentioned in the schedule is

likely to change as per actual requirement as demanded by exigencies of service

(2) The Notice Inviting Tender Bid documents (qualifying and financial) letter of intent

approved rates annexed here to and such other additional particulars instructions

drawings work orders as may be found requisite to be given during execution of work

shall be deemed and taken to be an integral part of the contract and shall be deemed to be

included in the expression ldquoThe agreement) or ldquoThe Contractrdquo wherever herein used

(3) The contractor also supplies the requisite number of workmen with means and materials as

well as tools appliances vehicles for transportation cartage etc required for the proper

execution of work within the prescribed in the work orders

(4) The contractor hereby declares that no body connected with or in the employment of the

BSNL is notshall not ever be admitted as partner in the contract

(5) The contractor shall abide by the terms and conditions rules guide lines constructions

particulars safety precautions etc stipulated in the tender documents including any

correspondence between the contractor and the BSNL having bearing on execution of work

and payments of work to be done under the contract

In witness whereof the partiesrsquo presents have here in to set their representative hands and

seals the day and year in

Signed sealed amp Delivered by

The above named contractor in the presence of

Above written

Witness

(1)

(2) Signed and delivered on behalf of BSNL

Witness

(1)

(2)

44 Signature of the Contractor

ANNEXURE-IX - UNDERTAKING

This deed of undertaking executed on this helliphelliphellip day ofhelliphelliphelliptwo thousand andhelliphellip

by (name of sole proprietorpartnerdirectorauthorized representative the firm

company trust society etc)helliphelliphelliphelliphelliphelliphelliphelliphelliphellipSO helliphelliphelliphelliphelliphelliphelliphellip

residing athelliphelliphelliphelliphelliphelliphelliphelliphelliphellipOn behalf of said helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of the firm company Trust Society etc) having its office athelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

and dully authorized to sign file and verify present undertaking by the said hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of Firm company Society etc) in favour of Bharat Sanchar Nigam Ltd a

Government Of India undertaking having its registered office at Statesman

HouseB-148 Barkhamba Road New Delhi and local office at Administrative

Building Sanchar Bhawan BSNL Pilaji Ganj Mehsana-1 here in after called

BSNL (which terms shall mean and include its successors administrators heirs and

assigns Where as MS BSNL invited bids for repairing of EPBT amp CLIP instruments in Mehsana SSA

IWe participated in the bidding process and emerged as successful bidder with respect to tender No

MMTenderMehsana2016-1706 Dated 26102016

IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Acknowledge that IWe have fully under

stood and aware of the terms amp conditions of the Tendercontract and do hereby unequivocally and

unconditionally undertake and declare that

(1) IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip shall comply with all

the rulesRegulationsLawsGovernment instructionsstatus etc that are

applicable will be made applicable and or are aimed to protect the interest of

the workersemployees engaged by meus in the past and during the course of

performance of the contract with BSNL

(2) IWe shall fully protect indemnity and hold harmless BSNL and its employees

officers Directors agents judgments damages fines penalties and costs

(including legal costs and disbursements) arising from or relating to

Any breach violation of any direction order from any governmental

authority any provisions of the labour laws or any other laws status or

regulations that are or will be aimed to protect the interest of the

workersLabours engaged by the contractors in past and during the

course of this contract

OR

Any other payments claims or liability that may arise for ensuring

compliance of the provisions of any of the labour laws or any other laws

etc OR

Any other claim made by any third party in connection with any violation

of any laws guide lines instructions etc

In witness whereof this undertaking has caused on thehelliphelliphelliphelliphelliphellip

DayhelliphelliphelliphelliphellipMonth ofhelliphelliphellip Year

Date

Place

Signature

Name

Designation

Witness 1 2helliphelliphellip

45 Signature of the Contractor

ANNEXURE-X

E-Tendering Instructions to Bidders

These Special Instructions (for e-Tendering) supplement lsquoGeneral instructions to Biddersrsquo as enclosed in Section IV of this E-Tender Document Wherever there is a conflict the provisions herein shall prevail over those in other pages of this document

Submission of Bids only through online process is mandatory for this Tender

For conducting electronic tendering BSNL Mehsana is using the portal

(httpeprocurementsynisecombsnl1gujarat) of Ms Synise Technologies ltd Pune A - Submission of tender

1 The bidding process will be accepted only through e-tendering platform 2 Availability of e-tendering document e-tender document can be obtained by

downloading it from the website httpeprocurementsynisecombsnl1gujarat the

physical copy of the Tender document would not be available for sale

3 The Tender document shall not be available for download on its submissionclosing date B - General 1 Tender Bidding Methodology

Sealed Bid System ndashldquoSingle Stage using two envelopsrdquo

In this case of two envelope system Financial amp Techno-commercial bids shall be

submitted by the bidder at the same time

2 Broad outline of activities from Bidders prospective

1 Procure a Digital Signing Certificate (DSC)

2 Register on Electronic Tendering System (RETS)

3 Create Users and assign roles on ETS

4 View Notice Inviting Tender (NIT) on ETS

5 Download Official Copy of Tender Documents from ETS

6 Clarification to Tender Documents on ET Query to BSNL (Optional)

View response to queries posted by BSNL as addenda

7 Bid-Submission on ETS

8 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Techno-commercial Part

9 View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond to BSNLrsquos Post-TOE queries

10 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Financial-Part (Only for Technical Responsive Bidders)

For participating in this tender online the following instructions need to be read

carefully These instructions are supplemented with more detailed guidelines on

the relevant screens of the ETS

3 Digital Certificates

For integrity of data and its authenticity non-repudiation of electronic records and be compliant with IT Act 2000 it is necessary for each user to have a Digital Certificate (DC) also referred to as Digital Signature Certificate (DSC) of Class 2 or above issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer httpwwwccagovin]

4 Registration

To use the Electronic Tenderreg portal ( httpeprocurementsynisecombsnl1gujarat) vendor needs to register on the

46 Signature of the Contractor

portal Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e-tendering activities In ETS terminology this person will be referred to as the Super User (SU) of that organization For f u r ther details

p lease v is i t the websiteportal and follow further instructions as given on the site You may also contact tender wizard Helpdesk (as given below) to get your registration acceptedactivated Tender wizard Helpdesk

Telephone 020-30277517 020-30277522020-30277516

[between 1000 hrs to 1800 hrs on working days]

Mobile Nos Mr Hiren Pandar 7774013247 7774013248

E-mail ID helpdesksynisecom [Please mark CC

hirenpsynisecom]

BSNL Contact-1

BSNLrsquos Contact Person AGM MM Mehsana

Telephone Mobile (02762-220855222900)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID agmmmmehbsnlin

BSNL Contact-2

BSNLrsquos Contact Person SDE MM-Mehsana

Telephone Mobile (02762-221855)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID mehsdemm2bsnlin 5 Bid related Information for this Tender (Sealed Bid)

The entire bid-submission would be

online on ETS Broad outline of

submissions are as follows

Submission of digitally signed copy of Tender DocumentsAddendumaddenda

Two Envelopes

Techno-commercial -Part

Financial-Part

Note -

i) If some document is not applicable for the bidder then he has to upload

scanned copy of paper mentioning ldquoThe document ltNamegt called vide

clause helliphelliphelliphelliphelliphelliphellip is not applicable on usrdquo

ii) If document asked for contains more than one page then all those pages may be uploaded in one PDF format file

iii) Please take care to scan documents such that the total size of

documents to be uploaded remains minimum However it shall be sole

responsibility of bidder that the uploaded documents remain eligible

6 Offline Submissions

The bidder is requested to submit the following documents offline to AGM (MM) 2nd Floor Sanchar Bhawan Pilaji Ganj Mehsana-384001 on or before the date amp

time of submission of bids specified in covering letter of this tender

47 Signature of the Contractor

document in a Sealed Envelope The envelope shall bear (name of the tender) the tender number and the words lsquoDO NOT OPEN BEFORErsquo (due date amp time)

1 EMD-Bid Security in Original

2 DD Bankers cheque against payment of tender fee

3 Power of attorney (if applicable) Note The bidder has to upload the Scanned copy of all above said documents during

online Bid submission also

7 Special Note on Security of Bids

Security related functionality has been rigorously implemented in ETS in a multi-dimensional manner Starting with Acceptance of Registration by the Service Provider provision for security has been made at various stages in Electronic Tenderrsquos software Security related aspects as regard Bid Submission are outlined below

As part of the Electronic Encryptertrade functionality the contents of both the lsquoElectronic Formsrsquo and the lsquoMain-Bidrsquo are securely encrypted using a Pass-Phrase created by the Bidder himself Unlike a lsquopasswordrsquo a Pass-Phrase can be a multi-word sentence with spaces between words (eg I love this World) A Pass-Phrase is easier to remember and more difficult to break It is recommended that a separate Pass-Phrase be created for each Bid-Part This method of bid- encryption does not have the security and data-integrity related vulnerabilities which are inherent in E-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid- encryption Bid-encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE) even if there is connivance between the concerned tender- opening officers of the Buyer organization and the personnel of e-tendering service provider

Typically lsquoPass-Phrasersquo of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself when demanded by the concerned Tender Opening Officers who will open the bid Else Tender Opening Officer may authorize the bidder to open his bid himself There is an additional protection with SSL Encryption during transit from the client-end computer of a Supplier organization to the e-tendering server portal

8 Public Online Tender Opening Event (TOE)

ETS offers a unique facility for lsquoPublic Online Tender Opening Event (TOE)rsquo Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices For this purpose representatives of bidders (ie Supplier organization) dully authorized are requested to carry a Laptop and Wireless Connectivity to Internet Every legal requirement for a transparent and secure lsquoPublic Online Tender Opening Event (TOE)rsquo has been implemented on ETS As soon as a Bid is decrypted with the corresponding lsquoPass-Phrasersquo as submitted online by the bidder himself (during the TOE itself) salient points of the Bids are simultaneously made available for downloading by all participating bidders The work of taking notes during a manual lsquoTender Opening Eventrsquo is therefore replaced with this superior and convenient form of lsquoPublic Online Tender Opening Event (TOE)rsquo ETS has a unique facility of lsquoOnline Comparison Chartrsquo which is dynamically updated as each online bid is opened The format of the chart is based on inputs provided by the Buyer for each Tender The information in the Comparison Chart is based on the data submitted by the Bidders in electronic forms A detailed Technical and or Financial Comparison Chart enhances Transparency Detailed instructions are given on relevant screens

48 Signature of the Contractor

ETS has a unique facility of a detailed report titled lsquoMinutes of Online Tender Opening Event (TOE)rsquo covering all important activities of lsquoOnline Tender Opening Event (TOE)rsquo This is available to all participating bidders for lsquoViewing Downloadingrsquo

There are many more facilities and features on ETS For a particular tender the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer

NOTE In case of internet related problem at a bidderrsquos end especially during lsquocritical

eventsrsquo such as ndash a short period before bid-submission deadline during online

public tender opening event etc it is the bidderrsquos responsibility to have backup

internet connections In case there is a problem at the e- procurement

service-providerrsquos end (in the server leased line etc) due to which all the

bidders face a problem during critical events and this is brought to the notice

of BSNL by the bidders in time then BSNL will promptly re-schedule the

affected event(s)

9 Other Instructions

For further instructions the vendor should visit the home-page of the portal

( httpeprocurementsynisecombsnl1gujarat) and go to the User-Guidance Center The help information provided through lsquoETS User-Guidance Centerrsquo is available in three categories ndash

Users intending to Register First-Time Users Logged-in users of Buyer organizations and Logged-in users of Supplier organizations Various links are provided under each of the three categories Note It is strongly recommended that all authorized users of Supplier

organizations should thoroughly peruse the information provided under the

relevant links and take appropriate action This will prevent hiccups and minimize

teething problems during the use of ETS

The following lsquoFOUR KEY INSTRUCTIONS for BIDDERSrsquo must be assiduously adhered to

1 Obtain individual Digital Signing Certificate (DSC or DC) well in advance of

your first tender submission deadline on ETS

2 Register your organization on ETS well in advance of your first tender submission deadline on ETS

3 Get your organizationrsquos concerned executives trained on ETS well in advance of your first tender submission deadline on ETS

4 Submit your bids well in advance of tender submission deadline on ETS as

there could be last minute problems due to internet timeout breakdown etc

While the first three instructions mentioned above are especially relevant to first-time users of ETS the fourth instruction is relevant at all times

10 Minimum Requirements at Bidders end

Computer System with good configuration (Min P IV 1 GB RAM Windows XP)

Broadband connectivity

Microsoft Internet Explorer 60 or above

Digital Certificate(s) for users

49 Signature of the Contractor

ANNEXURE-III

RATE SHEET

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Rate should be quoted in below Rate Sheet

Sr

No

Rates Quoted By Bidder With Respect to SOR (Schedule Of Rate)

Particulars In Figure In Words

1 Above Of SOR

2 Below Of SOR

3 AT PAR

[At Same Rates of SOR]

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

Signature of the Bidder with Seal

Note

1 All faulty instruments are to be repaired except fully broken or fully burnt due to

electric hazards

2 The work may be offered to more than one contractor if required

Signature of the Tenderer with seal

Full Name _____________________

Full Address________________________

  • TABLE OF CONTENTS
    • CERTIFICATE REGARDING NEAR RLATIVES
      • LETTEROF AUTHORISATION FOR ATTENDING BID OPENING
      • Signed sealed amp Delivered by
      • Above written
        • ANNEXURE-IX - UNDERTAKING

4 Signature of the Contractor

6 The bidders downloading the tender document are required to submit the tender fee

amount through Demand Draft Crossed Bankerrsquos cheque of an amount of Rs 500-

along with applicable EMD in single envelope before tender closing time at box kept for

the purpose at Oo AGM (MM) 2rsquond floor Sanchar Bhawan Pilaji Ganj Mehsana-01 In

case of non-submission of tender fee and EMD bid shall be left archived unopened

rejected The payment will be accepted in the form of Cross Demand Draft drawn on any

Scheduled Bank payable in favor of Accounts Officer (Cash) BSNL Oo GMTD Mehsana

7 Intending eligible bidders downloading the tender document shall have to deposit a Bid Security (EMD) as per mentioned in below table in form of Crossed Demand Draft Bankerrsquos Cheque Pay Order from any Nationalized Scheduled Bank in favour of Accounts Officer (Cash) BSNL Oo GMTD Mehsana payable at Mehsana

8 The MSE units shall be exempted from submission of Tender Fees amp Bid Security deposit on production of requisite proof in respect of valid certification from MSME for the tendered item

9 The tender documents will be submitted online in two part viz (1) Technical Bid amp (2)

Financial Bid Financial bid of only those bidders will be opened whose Technical bid is

completed in all respect

10 Note Any discrepancy found in the downloaded tender document submitted by the

tenderer compared to up loaded tender document the tender document up loaded by BSNL

shall be treated as valid and any changes (found in the tender document submitted by the

tenderer) at any stage 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

(i) The tender which is not accompanied by the requisite Bid security and tender

documents cost for down loaded documents shall be summarily rejected

(ii) Any tender with conditions other than those specified in the tender documents or

incomplete in any respect is liable to be rejected

(iii) Tender will not be acceptedreceived after expiry of date and time If it happens to be

holiday on any of the dates above next working day will be applicable

(iv) The competent authority on behalf of BSNL does not bind himself to accept the lowest

or any other tender amp reserves the right to reject any or all tenders received without

assigning any reason what so ever

(v) Successful bidder may be asked to carry out 25 of the estimated work at any other

location of SSAsite under the jurisdiction of Mehsana SSA at the same rates terms amp

conditions

(vi) All other terms amp conditions and detailed specifications of worksitems shall be as per

tender documents

For any clarification the prospective bidders can contact AGM (MM) Oo GMTD

Mehsana 2nd Floor Admn Building Sanchar Bhawan Pilaji Ganj Mehsana-384001

Asstt General Manager (MM) Oo GMTD Mehsana ndash 384001

5 Signature of the Contractor

SECTION ndash II

BID FORM

Tender No MMTenderMehsana2016-1706 Dated Mehsana the 26102016

To

General Manager

Telecom District Mehsana-384001

Sub Tender for EPBT amp CLIP Instruments Repairing

With reference to above Tender No MMTenderMehsana2016-1706 Dated 26102016

We offer myour Tender on the Terms and Conditions annexed here to and the rates specified in the schedule attached

IWe hereby agree to abide by the fulfill of the all terms and conditions of the contracts hereafter as applicable or in default thereof forfeited to and pay to the BSNL or GMTD Mehsana the some of money mentioned in the said condition without prejudice

The sum of Rs 9458- (Rs Nine Thousand and Four Hundred fifty Eight Only) is enclosed as EMD deposited in DD Vide DD No -------------------- of Bank ---------------------------------------------on Dtd-------------------

IWe also agree to pay security Deposit 10 of tender cost as and when called for within 15 days

We agree to abide by this Bid for the period of 120 days

IWe fails to carry out the work to the specification given in the schedule Security DepositEMD may be forfeited without prejudice to any other right or remedies of the BSNL or GMTD Mehsana

IWe also agree to accept this tender either fully or in part as decided by the competent authority

Signature of the Tenderer

Full Address

Place

Date

6 Signature of the Contractor

SECTION ndash III

(PART ndash I)

Bio-Data of the Bidder

(TO BE SUBMITTED WITH TECHNICAL BID)

1 Name of the Contractor ______________________________________

amp Full address

2 Registration of FirmAgency _____________________________________

Contractor as a Proprietor Or ______________________________________

Partnership Or Ltd Company ______________________________________

3 Service Tax Registration No ______________________________________

(If applicable)

4 PAN No ______________________________________

5 Address of workshop _______________________________________

With Telephone No

6 Registration no with EPF ______________________________________

Authority (If applicable)

Undertaking given in ANNEXURE-V

Bio-data furnished as above by me is true to the best of my knowledge If not found

correct the decision of GMTD Mehsana will be final amp binding to meus

Signature of the Tenderer with seal

7 Signature of the Contractor

SECTION ndash III

(PART ndash II)

CERTIFICATE REGARDING NEAR RLATIVES

1 IWehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipSohelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip resident of helliphelliphelliphelliphellip

hereby certify that none of my near relative(s) as defined in Section IV clause 1u

in the tender document isare employed in BSNL unit as per the details given in

the tender documents In case at any stage it is found that the information given

by me is falseincorrect BSNL shall have absolute right to take any action as

deemed fit without any prior information to me

To be signed by

(A) Signature of Proprietor in case of Proprietorship Firm

(B) Signature of all partners in case of Partnership Firm

a

b

c

d

(C) Signature of all Directors of Company in case of Ltd or Pvt Company

a

b

c helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

d helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(In case of proprietorship firm the certificate will be given by the proprietor

for partnership firm by all partners and in case of limited company by all the

directors of company)

2 The near relatives of all BSNL Employees either directly recruited or on

deputation are prohibited from participation in tenders and execution of

works in the different units of BSNL The detailed guidelines in this

regard are given in the following paragraphs

(i) The near relatives for this purpose are defined as

(a) Members of a Hindu Undivided family

(b) They are husband and wife

(c) The one is related to the other in the manner as father mother

son(s) amp sonrsquos wife (daughter-in-law) Daughter(s) amp daughterrsquos

husband (son-

in-law) brother(s) amp brotherrsquos wife sister(s) amp sisterrsquos husband

(brother-in-law)

8 Signature of the Contractor

(ii) As per BSNL of Indiarsquos CCS Conduct rule 4 no BSNL 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 contract to his official superior

This clause is applicable to all BSNL employees and in view of this as soon as

any BSNL employees 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 EngineerChief ArchtCorporate 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

HeadChief EngineerChief ArchtCorporate office under whom he is posted

(iii) 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

SSACircleChief EngineerChief ArchitectCorporate Office for non executive

employees and all SSA in a circle including circle officeChief Eng Chief Arch

Corporate Office for executive employees (including those called as Gazetted

Officers at present The tenderer should give a certificate that none of hisher

such near relative is working in the units as defined above where he is going to

apply for tenderwork 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

tenderwork will be cancelled and earnest money security deposit will be

forfeited at any stage whenever it is so noticed The BSNL will not pay any

damages to the company or firm or the concerned person The company or

firm or the person will also be debarred for further participation in the

concerned unit

(End of Section III)

9 Signature of the Contractor

Section IV

GENERAL CONDITIONS OF CONTRACT

Bids are invited in two Bid systems Technical Bid (Qualifying) amp Financial Bid (Price

bid)

Method of preparation of Bids

Bids for this tender should be submitted online amp offline in three steps placed as under

these steps should contain the following

Through-

Channel

Bid Envelopes Offline E-tender Online

First-Offline Bid Security (EMD) amp

Tender Fees

DDPay order Bankerrsquos Check for Bid

Security(EMD)amp Tender Fee

Second-Online Tech Bid (Qualifying Bid) Containing documents as per clause 11

of special terms amp conditions

Third-Online Financial Bid (Price bid) Rates quoted by the bidder in

percentage belowabove at par of SOR

The bidder can participate in the E-tender by downloading amp uploads tender from

httpseprocurementsynisecombsnl1gujarat and bidder should submits ldquoTechnical Bidrdquo and

ldquoFinancial Bidrdquo through E-tender site and one envelope the name of Bidder and ldquoTender

fees amp EMD with important documentrdquo may be clearly noted and should be properly

sealed This envelope should bear ldquoTender for Repairing of EPBT amp CLIP instruments in

Mehsana SSArdquo Tender No MM Tender Mehsana 2016-1706 Dated 26102016

DEFINITIONS

The contract means the documents forming the tender and acceptance thereof and the

formal agreement executed between the B S N L and the contractor together with

documents referred to there in including the conditions of contract the specification

designs drawing and instructions issued from time to time by the Official in charge and all

these documents taken together shall be deemed to form one contract and shall be

complementary to one another

1 In the contract the following expressions shall unless where the context otherwise

required have the meaning hereby respectively as signing them

a) The expression (works) or work shall unless there be something either in the subject or

context repugnant to such construction be construed and taken to mean the works by or

by virtue of the contract contracted to be executed whether temporary or permanent

and whether original altered substituted or additional

b) The contractor shall mean the individual or firm or company whether incorporated or

10 Signature of the Contractor

not undertaking the work and shall include the legal personal representative of such

firm or company and the permitted assignees or such individual or the person

composing such firm or company or the successor individual or firm or firms company

c) The designated official nominated representative of the Company means any official

nominated by the GMTD Mehsana to deal with the contractor for making over

material equipment etc to the contractor and to certify the work done by the

contractor

d) The BSNL means the Bharat Sanchar Nigam Limited and his successor

e) GMTD Mehsana

f) The department will mean any office of the BSNL

g) Company means Bharat Sanchar Nigam Limited

h) All reference of -

(i) DepartmentCompany

(ii) General Manager Telecommunications

(iii) Dy General Manager

(iv) Divisional Engineer

(v) Sub Divisional Engineer

(vi) Junior Telecom Officer

(vii) Junior Engineer

(viii) Accounts Officer

(ix) Junior Accounts Officer

In various clauses shall be taken to mean -

i) (i) Bharat Sanchar Nigam Limited a PSU under the Ministry of

Communications Government of India

(ii to ix) The Officers in their respective gradesgroups employed in the company by

whatever designations are assigned to them from time to time and who may be in-charge of

direction execution supervision testing acceptance maintenance of accounts and disposal

of claims from time to time and includes their successors in office Words imparting the

singular number include the plural number and vice-versa

CLAUSES

1 PERIOD OF VALIDITY

Validity of this Bid is 120 days

The rates quoted should be firm and valid for any work that may be issued for period of

11 Signature of the Contractor

one year or up to extended period of contract from the date of issue of final allocation of

the tender or until the completion of the work assigned under each work order whichever is

later

2 LABOUR

a) The contractor shall be responsible for the transportation storage and safe custody of

all EPBT amp CLIP issued to him by the Company The Contractor shall satisfy himself

regularly the quality and quantity of the materials supplied to him and he will be

responsible for any subsequent deterioration and discrepancy (inclusive of theft) in the

quality quantity of the materials

b) The contractor shall submit a proper account every month of all the EPBT amp CLIP

made over to him by the Company and those returned back duly repairs Any

discrepancy or difference between the EPBT amp CLIP issued to the contractor and those

repaired as per the Company s calculation (which shall be final) will be charged to the

contractor or deducted from his bills at cost price including freight handling charges

storage charges etc plus 20 percent departmental charges

c) On completion of the work the contractor shall return to the Company at the latterrsquos

designated store in good condition free of charges any un repaired EPBT amp CLIP that

were supplied by the Company and contractor shall obtain written receipt of goods In

absence of such written receipt it is presumed that goods in question have not been

returned

d) The contractor while taking delivery of EPBT amp CLIP handed over by the Company at

the designated place shall thoroughly inspect all items before taking them over Once

the EPBT amp CLIP are made over to the contractor it shall be his responsibility for safe

custody till taking over of the complete work by the Company Any pilferage damage

etc to the EPBT amp CLIP shall be at the risk and cost of the contractor and charges for

such unaccounted EPBT amp CLIP shall be decided in accordance with (b) above

e) Notwithstanding any thing else herein stated the contractor shall furnish and pay for

all supervision labour tools supplies construction equipment and consumable

materials as may be necessary for the performance of the work and the cost of these

shall be included in the unit repair prices quoted by the Tenderer at the time of

submitting his tender and payable to the contractor

3 GUARANTEE

In addition to any and all other guarantee and warranty mentioned in the contract

documents the contractor guarantees that the entire work will be done in a satisfactory

manner and free from any defect in workmanship and finish and unconformity in all

respect with the specification and direction The contractor also undertakes to repair or

replace as the case may be at his own cost and risk any part of the work which may

damage or that may develop any defects due to bad workmanship or other wise due to the

fault of contractor within a period of agreement

4 METHOD AND MANNER OF PERFORMANCE

The contractor shall be an independent contractor and shall have complete charge of the

men engaged in performance of the work to the performed hereunder and shall perform the

works in accordance with his own methods and at his own risk subject to compliance with

12 Signature of the Contractor

the contract documents The contractor shall throughout the stipulated period of the

contract execute the work in the best contract substantial workmanlike manner and both as

regards manuals and otherwise in respect in strict accordance with the contract documents

or such other additional particulars instruction and drawing as may be found requisite to

be given during execution of the work in force good order among his employees and shall

not employ on the works any unfit person or anyone not capable or not properly qualify to

properly perform the work assigned to him The contractor shall also not employ in respect

of the work or discontinue to employ in respect of the works any employee that the

GMTD MEHSANA SDE may for any reason object to

5 SUB CONTRACTORS

51 The contractor shall not assign subcontract or sublet the whole or any part of the

works covered by the contract or any benefit thereof without the prior written approval of

the GMTD MEHSANA Copies of all agreements entered into with any permitted or sub

contracts including rates for item of work sub-contracted shall be furnished to obtain in

writing prior approval of the GMTD MEHSANA in this behalf before the sub-contract or

the agent or the assignee as the case may be allowed to do work under the contract

52 The GMTD MEHSANA reserves the right to refuse or permit any person or

organization or sub-contractor to particulars in the works covered by the contract The

assignment or sub-contracting or subletting of any such work if permitted by the GMTD

MEHSANA shall not relieve the contractor of any of his liabilities and responsibilities

hereunder the intention being that notwithstanding any assignment or subletting or sub-

contracting the contractor shall be and remain primarily and principally liable to the

Company in terms hereof and for the due fulfillment of the contracted works any assignee

or sub-contractor being regarded merely as the agency of the contractor

53 Each assignee and sub-contractor shall be covered by the contract documents and shall

perform the work which he takes up in accordance with The Company will have the same

privileges and rights with respect to the inspection of work of assignees or sub-contractors

as are provided for under the contract documents governing the work of the contract

54 The contractor shall indemnify and save harmless the Company from and against all

actions suits proceedings loses costs damages charges claims and demands whatsoever

either in law or in enquiry and all costs (inclusive between attorney and client) and charges

and expenses that the Company may sustain suffer or incur arising from or out of or

incidental (to in connection with any act or commission) of the contractor his agent

employee assignee or sub contractor The provision shall also apply to the sub-contractor

or assignee as the case may be

6 REPRESENTATIVE OF THE COMPANY

The Company shall be represented by the GMTD who will be in charge of the work

The Company representative in works site shall be the designated officials or such other

representative as the GMTD MEHSANA may from time to time designate in writing

Notice given in writing by the designated official or GMTD shall be deemed to be

notices given by the Company to the contractor The designated official and such other

representative as GMTD may designate in writing shall be deemed to be authorized

officer to represent the Company in respect of the work of any designated section any

decision agreement or instructions in writing by the Company representative as aforesaid

which is within his powers shall be binding on the contractor

13 Signature of the Contractor

7 REPRESENTATIVE OF CONTRACT

The contractor shall furnish to the Company the scheme of his intended organization and

nominated representative to whom the Company representative can make known decisions

authorizations and interpretations The contractor shall within 10 days after the execution

of the contractagreement notify the Company the name(s) and address(s) of the

representative(s) along with the specimen signature Any change in name and address of

any representative notified aforesaid should be promptly intimated in writing to the

Company Notices given in writing to the representative shall be deemed to be notices

given to contractor This representative shall be fully authorized to represent contractor on

matters involving more than one section of work notification in respect of whom shall

likewise be given to the Company and who shall likewise be the contractors representative

in terms aforesaid

8 INTERPRETATION OF THE CONTRACT DOCUMENTS

The GMTD MEHSANA and the contractor shall in so far as possible by mutual

consultation try and decide upon the meaning and intent of the contract documents In case

of disagreement the dispute will be referred to the sole Arbitrator as provided in the

contract Any change in the contract document shall be set forth in writing by the

representative of the parties hereto It shall be the contractorsrsquo responsibility to thoroughly

familiarize all of his supervisory personnel with the contents of all the contract documents

9 CHANGES EXTRA WORK amp QUANTUM OF WORK

91 Change used herein means a substitution for omission of any work or other

requirement within general scope of the work the performance of the compliance with

which is contemplated by the contract documents

92 Extra work as used herein means any works of compliance with any requirement

other than a change which is not expressly or implied contemplated by the contract

documents and which is necessary to be performed for the proper completion of the

contracted work For the purpose of clarification it is declared that any work or operation

which shall be necessarily incidental to the proper performance of any item of work or part

thereof shall be deemed to have been by implication provided for in the relevant item of

work or part thereof and shall not constitute extra work

93 The GMTD MEHSANA may at his absolute discretion make change in the work

provided for in the contract documents including the commencement of the work and may

require the performance of extra work by the contractor

94 The contractor shall not undertake or make any change or do any work under this

contract unless he has received written instructions from the representative of the

Company

95 The contractor shall not be entitled to any compensation in addition to the contract

price for the performance of any work not envisaged under the contract unless prior to the

performance of such work he has received from the designated official in written

authorization for performance such work

96 For Extra work within the scope of this contract the contractor will receive extra

compensation on the basis of a lump sum unit price as may be agreed upon in advance

between the GMTD MEHSANA and the contractor

14 Signature of the Contractor

97 (a) in cases of such of the works where interpolations of the rates are possible such

rates shall be accepted by both the parties

(b) If the altered additional or substituted work includes any work for which no rates are

specified in the contract for the work can be derived from similar class of work in the

contract than such work shall be carried out at the rate determined by the designated

official on the basis of the prevailing market rates where the work was done

(c) If the rates for the altered additional or substituted work cannot be determined in the

manner specified above then the contractor shall within 7 days of the date of receipt of

order to carry out the work inform the Designated official of the rate which it is his

intention to charge for such class of work supported by analysis of the rate or rates

claimed and the designated official shall determine the rates on the basis of prevailing

market price and pay the contractor accordingly However the Designated official by

notice in writing will be at liberty to cancel his order to carry out such class of work and

arrange to carry it out in such manner as he may consider advisable

98 The quantum of work mentioned in the tender is approximate and subject to vary

However for evaluation purpose the quantum as mentioned in the tender will only be taken

into account

910 The quantum of works (Estimated Cost) of the tender is purely tentative and it can

vary as per requirement of BSNL Mehsana and so successful contractor may not

challenge to BSNL Mehsana in respect to the works of this tender

911 The estimated cost or quantum of work may vary on the basis of actual requirement at

the discretion of GMTD Mehsana limited to + 25 without any change in approved rates

terms amp conditions of contract

10 QUALITY OF WORK

The Company shall be the final judge of the quality of the work and the satisfaction of

the standards in respect thereof set forth in the contract documents Laxity or failure to

enforce compliance with the contract documents by the Company and or its

representative shall not manifest a change or intent or waiver the intention being that

notwithstanding the same the contractor shall be and remain responsible for complete and

proper compliance with the contract documents and the specification therein The

GMTD MEHSANA has the right to prohibit the use of men and any tools materials or

equipments which in his opinion do not produce work or performance meet the

requirement of the contract documents

1l PROTECTION OF WORK

The contractor shall be responsible for all materials equipment furnished or supplied by

the company while in the contractors custody

12 NOTIFICATION

The contractor shall give in writing to the proper person or authority with a copy to the

GMTD MEHSANA such notification as may be mandatory or necessary in connection

with the commencement suspension resumption performance and or completion of the

contracted work All notices shall be given sufficiently in advance of the proposed

operation to permit proper correlation of activities and the contractor shall keep all proper

persons or authority involved regularly advised of the progress or operation through out the

performance of the work together with such other information and or supporting figures

15 Signature of the Contractor

and data as may from time to time as directed or required

13 DELAY IN EXECUTION OF WORK

The Company will make every reasonable effort to furnish the materials required to be

furnished by it under the contract and right of user including the permit required to be

furnished by the Company under the contract and made available in due time so as not to

delay execution of the work The Company will however not be liable to the contractor for

any losses or damages costs charges or expenses that the contractor may in any way

sustain suffer due to delay in making the above available However an extension in time

schedule may be admitted on the above reason

14 SHUT DOWN ON ACCOUNT OF WEATHER CONDITIONS

The contractor shall not be entitled to any compensation whatsoever by reason of

suspension of the whole or any part of the work made necessary by the Company or

deemed advisable on account of bad weather conditions or other unavoidable conditions

15 SECURITY DEPOSIT amp EARNEST MONEY DEPOSIT

EMD (Bid Security) is Rs 9458- amp Performance Security Deposit (PBG) is 10 of

Estimated Tender Cost

151 The security deposit or a part thereof or such balance thereof if any as may remain

after deduction there from in respect of any outstanding bills of the contractor to the

Company shall be paid back to the contractor after termination of contract on expiry of

contract period The contractor shall remain liable to the Company in respect of any

shortfall or discharge of liabilities notwithstanding return of security deposit or any part

thereof The security deposit is required to protect the company against the risk of the

tendererrsquos conduct and breach of contract in which case it would be forfeited without

prejudice to any other action that the company may take against the contractor

152 No interest will be payable on the earnest money or the security deposit or amount

payable to the contractor under the contract

153 Tenderer shall furnish as part of his bid a bid security (Earnest Money Deposit) for a

specified amount The Tenderer (Small scale Units) who are registered with National

Small Scale Industries Corporation under Single Point Registration Scheme are exempted

from bid security (Earnest Money Deposit) up to the amount equal to their monetary limit

In case of Tenderer having monetary limit as no limit the exemption will be limited to Rs

5000000- (Rs Fifty lakhs) only as per the existing policy of Company A proof regarding

current registration with NSIC for the Tendered Item will have to be attached along with

the bid

154 The bid security (Earnest Money Deposit) is required to protect the company against

the risk of tenderers conduct which would warrant the EMD forfeiture pursuant to Para

159

155 The bid security (Earnest Money Deposit) shall be in the form of cash or a Demand

DraftBankerrsquo chequePay order from any NationalizedSchedule Bank payable at

MEHSANA in favour of the AO (cash) BSNL Oo GMTD MEHSANA Payment in any

other form is not acceptable Any Small Scale Industry Firm claiming exemption from the

payment of bid security (Earnest Money Deposit) should submit the copy of the current

registration with National Small Industries Corporation (NSIC) for the tendered items No

16 Signature of the Contractor

interest on bid securityEMD payable

156 A Bid not secured in accordance with Para 153 amp 155 shall be rejected by the

company

157 The bid security (Ernest Money Deposit) of the unsuccessful bidder will be discharged

returned as promptly as possible and no claim whatsoever in this respect would be

entertained

158 The successful bidderrsquos bid security (Earnest Money Deposit) will be returned after

the bidderrsquos acceptance of the tender amp performance security deposit

159 The bid security (Earnest Money Deposit) will be forfeited

a) If the Tenderer withdraws his bid during the period of bid validity specified by

the Tenderer on the Bid form Rate sheet Price Bid or

b) In the case of a successful Tenderer if the bidder fails

i) to sign the Agreement contract amp

ii) to furnish Security Deposit

1510 The performance security deposit (PSD) deposited by the successful bidder in the

form of Cash or in PBG will be released after successful completion of contract and no due

pending against him

16 INSPECTIONS AND TESTING

The GMTD MEHSANA or his representative or any of the officers shall have free

access to the work site at all time for inspection The contractor shall render to the

representative of the company all possible assistants and facilities for the purpose

17 ASSESSMENTS PERMITS LICENCES AND OTHER FACILITIES

17l The contractor shall obtain provide at his own cost all assessments permits and

licenses necessary to do its work

172 The contractor shall be responsible for obtaining at his expense such licenses

permitfacilities as are necessary for the contractor to operate and do business in the

republic of India and in the state in which the work is to be performed

173 The contractor will not be entitled to extra compensation for hardship and increase in

cost Some cases may necessitate special method of execution of work and such

contingency shall deemed to have been provided for in the rates

18 PROTECTION OF LIFE AND PROPERTY AND EXISTING FACILITIES

181 The contractor is fully responsible for taking all possible safety precautions during

preparation for and actual performance of the work

182 The contractor shall undertake to indemnify and keep indemnified the Company from

and against all actions cause of actions damages claims and demand whatsoever either in

law or in inquiry and all losses and damages and costs (inclusive between attorney and

client) charges and expenses in connection there with and or incidental thereto The

contractor shall take all responsibility and risk in the execution of the work

183 It shall be the responsibility of the contractor to see that his employees or any other

person does not misbehave with anybody in company

17 Signature of the Contractor

19 INDEMNITIES

191 The contractor shall at all time hold the Company harmless and indemnify from

against all actions suits proceeding work cost damages charge claims and demand of

every nature and description brought or procured against the Company its officer and

employee and forth with upon demand and without pretest or demur to pay to the

Company any and all losses and damages and cost (inclusive between attorney and client)

and all costs incurred in endorsing this or any other indemnities or security which the

Company may now or at any time have related to the work or the contractors obligations

or in protecting or endorsing its right in any suit or other legal proceeding charges and

liabilities resulting from or incidental or in connection with injury disease or disablement

or death of any person (s) including employee of the contractor or damage to the property

resulting from or arising out of or in any way connected with or incidental to the operator

cause by the contractor documents In addition the contractor shall reimburse the Company

or pay to the Company forthwith on demand without protest or demure all costs charges

and expenses and losses and damages otherwise incurred by it in consequence of any

demands and actions which may be brought against the Company arising out of or

incidental or in connection with the operation covered by the contractor

192 The contractor shall at his own cost at the Company request defend any suit or other

proceeding asserting a claim covered by this indemnity but shall not settle compound or

compromise such suit or other finding without first consulting the Company

20 COMPLIANCE WITH LAW AND REGULATIONS

201 During the performance of the work the contractor shall at his own cost and initiative

fully comply with all applicable law of the land and with any and all applicable by-laws

rules regulations and orders and any other provision having in forces of any Company

Company agencies or department municipal board Company or other regulatory or

authorized body of person and shall provide all certificate of compliance therewith as may

be required by such applicable law by-law rules regulation orders or provision The

contractor shall assume full responsibility for the payment of all contributions and pay roll

taxes as to its employee servants or agent engaged in the performance of the work

specified in the contract documents The contractor require any assignee or sub-contractor

to whom any portion of the work to be performed hereunder may be assigned subleased

or sub-contracted to comply with the provision of the clause and in this connection the

contractor agrees as to undertake to save and hold the Company harmless and indemnified

from and against anyall penalty actions suits losses and damages claims and demands

and cost (inclusive between attorney and client) charges and expenses whatsoever arising

out of occasioned indirectly or directly by failure of the contractor or any assignee or

sub-contractor to make full and proper compliance with the said by-laws rules regulation

law and order and provision as aforesaid

202 Subject to the provisions of the contractor labour (Abolition and regulation Act

1970) the contractor shall not commence actual work unless he produces a receipt from

the concerned licensing authority that he has applied for licensees from the prescribed

licensing authority which may be produced within the period of 15 days or commencing

the work

203 Contractor will have to carry out the work under the rules and regulation of Labour

Act

18 Signature of the Contractor

21 OPTIONAL TERMINATION BY COMPANY (OTHER THAN DUE DEFAULT OF

CONTRACTOR)

211 The Company may at any time at its option cancel and terminate this contract by

written notice to the contractor in which event the contractor shall be entitled for payment

for the work done upto the time of such cancellation

212 In the event of the termination of the contract the contractor shall forthwith hand over

possession of the EPBT amp CLIP Concerned to the company or as the company may direct

213 The Company may at its option cancel or omit the execution of one or more items

of work under this contract and any part of such item(s) without any compensation

whatsoever to the contractor

22 TAXES AND DUTIES

Contractor shall pay all rates levies fees royalties taxes and duties except service tax

payable or arising from out of by virtue of or in connection withor incidental to the

contract or any of the parties in terms of the contract documents andor in respect of the

works or operation(s) or any part thereof to be performed by the contractor and the

contractor shall indemnify and keep indemnified the company from and against the same

or any default by the contractor in the payment thereof other taxes imposed by the

Government will be borne by the contractors Service tax will be paid by BSNL provided

that service tax particulars supplied amp claimed in bills

23 BREACH OF CONTRACT

The Designated officialnominated representative may without prejudice to his right

against the contractor in respect of any delay or inferior workmanship or otherwise or to

any claims of damage in respect of any breaches of the contract and without prejudice to

any rights or remedies under any of the provisions of this contract or otherwise and

whether the date for completion has or has not elapsed by notice in writing absolutely

determine the contract in any of the following cases -

(i) If the contractor having been given by the designated official nominated

representative a notice in writing to rectify reconstruct or replace any defective work or

that the work is being performed in any inefficient or otherwise improper or un work

manlike manner shall omit to comply with the requirements of such notice for a period of

fifteen days thereafter or if the contractor shall delay or suspend the execution of the work

so that either in the judgment of the Designated official (which shall be final and binding)

he will be unable to secure completion of the work by the date for completion or he has

already failed to complete the work by that date

(ii) If the contractor being a company shall pass a resolution or the court shall make an

order that the company shall be wound up or if a receiver or a manager on behalf of a

creditor shall be appointed or if circumstances shall arise which entitle the court or creditor

to appoint a receiver or a manager or which entitle the court to make a winding up order

(iii) If the contractor commits breach of any of the terms and conditions of this contract

(iv) If the contractor commits any acts mentioned in clause thereof

24 When the contractor has made himself liable for action under any of the aforesaid

19 Signature of the Contractor

clauses the Designated official on behalf of the company shall have powers -

(a) To determine or rescind or terminate the contract as aforesaid (of which termination

or rescission notice in writing to the contractor under the hand of the Designated

officialnominated representative shall be conclusive evidence) Upon such determination

or rescission the Security deposit of the contractor shall be liable to be forfeited and shall

be absolutely at the disposal of Company Notice for period of 15days will be received

from the date of issue of notice

(b) To employ other agency paid by the company and to supply materials to carry out the

works or part of the work debiting the contractor with the cost of the work and the price of

the materials (of the amount of which cost and price certified by the Designated official

shall be final and conclusive against the contractor) and crediting him with the value of the

work done in all respects in the same manner and the rates as if it had been carried out by

the contractor under the terms of the contract The certificate of the GMTD-MEHSANA as

to the value of the work done shall be final and conclusive against the contractor provided

always that action under the sub-clause shall only be taken after giving notice in writing to

the contractor Provided also that if the expenses incurred by the company are less than the

amount payable to the contractor at his agreement rates the difference should not be paid

to the contractor

(c) After giving notice to the contractor to measure up the work of the contractor and to

take such part thereof as shall be unexecuted out of his hands and to give it to another

contractor to complete in which case any expenses which may be incurred in excess of the

sum which would have been paid to the original contractor if the whole work has been

executed by him (of the amount of which excess the certificate in writing of the Designated

official shall be final and conclusive) shall be borne and paid by the original contractor and

may be deducted from any money due to him by company under this con tract or on any

other account whatsoever or from his security deposit or the proceeds of sales thereof or a

sufficient part thereof as the case may be

25 In the event of any one or more of the above courses being adopted by Designated

official the contractor shall have no claim to compensation for any loss sustained by him

by reason of his having purely leased or procured any materials or equipment or entered

into any agreement or made any advances account or with a view to the execution or the

work or the performance of the contract and in case action is taken under any of the

provisions aforesaid the contractor shall not be entitled to recover or be paid any sum for

any work thereto or actually performed under this contract unless and until Designated

official has certified in writing the performance of such work and the value payable in

respect thereof and he shall only be entitled to be paid the value so certified

26 In any case in which any of the powers conferred upon the Designated official by

clause 24 thereof shall have become exercisable and the same shall not be exercised the

non exercise thereof shall not constitute a waiver of any of the conditions hereof and such

powers shall notwithstanding be exercisable in the event of any future case of default by

the contractor and the liability of the contractor for compensation shall remain unaffected

In the event of the Designated official putting in force all or any of the powers vested in

him under the proceeding clause he may if he so desires after giving a notice in writing to

the contractor take possession of (or at the sole discretion of the Designated official which

shall be final) use as on hire (the amount of the hire money being also in the final

determination of the Designated official) all or any tools materials and stores in or upon

the works or the materials belonging to the contractor or procured by the contractor and

20 Signature of the Contractor

intended to be used for the execution of the contract or any part thereof paying or

allowing for the same amount at the contract rates or in the case of these not being

applicable at current market rates to be certified by the Designated official whose

certificate thereof shall be final otherwise the Designated official by notice in writing may

order the contractor or his clerk of the works foremen or other authorized agent to remove

such tools plants materials stores from the premises (within and time to be specified to

comply with any such requisition the Designated official may remove them all at

contractors expense or sell them by auction or private sale on account of the contractor and

it his risk in all respects and the certificate of the Designated official as to the expense of

any such removal and the amount of the proceeds and expenses of any such sale shall be

final and conclusive against the contractor

27 If the contractor shall desire an extension of time for completion of the work on the

grounds of his having been unavoidably hindered in its execution or on any other ground

he shall apply in writing to the Designated official within seven days of the date of

hindrance on account of which he desired such extension as aforesaid and the Designated

official shall if in his opinion (which shall be final) reasonable grounds be shown

therefore authorize such extension of time if any as may in his opinion be necessary or

proper

28 If at any time after the commencement of the work the company for any reason

whatsoever not require the whole thereof as specified in the tender to be carried out the

Designated official shall give notice in writing of the fact to the contractor who shall have

no claim to any payment of compensation whatsoever on account of any profit or

advantage which he might have derived from the execution of the work in full but which

he did not derive in consequence of the full amount of the work not having been carried

out neither shall he have any claim for compensation by reason of any alterations having

been made in the original specifications drawings designs and instructions which shall

involve any curtailment of the work as originally contemplated

29 INSPECTION

All work under or in course of execution or executed in pursuance of the contract shall at

all times be open to the inspection and supervision of the Designated official and his

authorized subordinates and the contractor shall at all times during the usual working hours

and at all other times at which reasonable notice of the intention of the Designated official

or his subordinate visit the works shall have been given to the contractor either himself be

present to receive order and instructions or have a responsible agent duly a credited in

writing present for that purpose Orders given to the contractors agent shall be considered

to have the same force as if they had been given to the contractor himself

30 WORKMENS COMPENSATION

In every case in which by virtue of the provisions of section 12 sub-section

(i) of the workmenrsquos compensation Act 1923 Company is obliged to pay compensation to

a workman employed by the contractor in execution of the works Company will recover

from the contractor the amount of the compensation so paid and without prejudice to the

rights of the Company under section 12 Sub section

(ii) of the said Act Company shall be at liberty to recover such amount or any part thereof

by deducting it from the security deposit or from any sum due by the company to the

contractor whether under this contract or otherwise Company shall not be bound to contest

21 Signature of the Contractor

any claim made against it under section-12 subsection (i) of the said Act except on the

written request of the contractor and upon his giving to company full security for all costs

for which Company might become liable in consequence of contesting such claim

31 LABOUR WELFARE

311 In every case in which by virtue of the provisions of the contract Labour (Regulation

and Abolition) Act 1970 and of the contract labour (Regulation and abolition) Central

Rules 1971 Company is liable to pay any amounts of wages to a workman employed by

the contractor in execution of the works or to incur any expenditure in providing welfare

and health amenities required to be provided under the above said Act and the Rules under

clause 19 to 19 J and 20 of PWD-8 or under the CPWD Contractors Labour

Regulations or under the Rules framed by Government from time to time for the

protection of health and sanitary arrangements for workers employed by CPWD

contractors company will recover from the contractor the amount of wages so paid or the

amount of expenditure so incurred and without prejudice to the right of the Government

under section 20 sub-section (ii) and section 21 sub-section (4) of the contractor Labour

(Regulation and Abolition) Act 1970 company shall be at liberty to recover such amount or

any part thereof by deducting it from the security deposit or from any sum due by the

company to the contractor whether under this agreement or otherwise company shall not

be bound to contest any claim made against it under section 20 except on the written

request of the contractor and upon his giving to the company full security for all costs for

which Government might become liable in contesting such claim

312 The contractor shall obtain a valid licence (If required depending upon the number of

persons engaged and the nature of the work intended) under the contract Labour (RampA)

Act 1970 and the contract labour (R amp A) Central Rules 1971 before the commencement

of the work and continue to have a valid license until the completion of the work

313 Any failure to fulfill this requirement shall attract the penal provisions of this

contract arising out of the resultant non-execution of the work

314 No person below the age of (18) eighteen years shall be employed on the work

32 FAIR WAGES

(a) The contractor shall pay to persons employed by him either directly or through sub-

contractor wages not less than fair wages as defined in the CPWD Contractors Labour

(Regulations and Abolition) Act 1970 and the contract labour (Regulation and Abolition)

Central Rules 1971 wherever applicable

(b) The contractor shall notwithstanding the previsions of any contract to the contrary

cause to be paid fair wages to persons indirectly engaged on the work including any

labour engaged by his sub contractor in connection with the said work as if the labour had

been immediately employed by him

(c) The General Manager Telecom District MEHSANA or his subordinate officer

concerned shall have the right to deduct from the money due to the contractor any sum

required or estimated to be required for making good the loss suffered by a worker or

workers by reasons of non-fulfillment of the conditions of the contract for the benefit of

the workers non payment of wages or of deduction made from his or their wages are not

justified by their terms of the contract or non-observance of the Regulations

22 Signature of the Contractor

(d) The contractor shall comply with the provisions of the payment of wages Act 1936

Minimum wages Act 1948 Employees Liability Act 1938 Workmenrsquos compensation Act

1923 Industrial Disputes Act 1947 Maternity Benefits Act 1961 and the contractorrsquos

Labour (regulation and abolition) Act 1970 or the modifications there of or any other laws

relating thereto and the rules made there under from time to time

(e) The contractor shall indemnify Government against payments to be made under and

for the observance of the laws aforesaid without prejudice to his right to claim indemnity

from his sub-contractors

(f) The regulations aforesaid shall be deemed to be a part of this contract and any breach

thereof shall be deemed to be a breach of this contract

33 OTHER LABOUR WELFARE MEASURES

The contractor shall comply with all the provision of the Minimum wages Act 1948

Contractor Labour (R amp A) Act 1970 and rules framed and other labour laws affecting

contract labour that may be brought into force from time to time

34 The contract shall not assign or sublet without the written approval of the GMTD

MEHSANA or his nominated representative and if the contractor shall assign or sublet his

contract or attempt so to do or become insolvent or commence any insolvency proceeding

or make any composition with his creditors or attempt so to do or if any bribe gratuity

gift loan perquisite reward or advantage pecuniary or otherwise shall either directly or

indirectly be given promised or offered by the contractor or any of his servants or agent to

any public officer or person in the employ of Government in any way relating of his office

or employment or if any such officer or person shall become in any way directly or

indirectly interested in the contract the Designated official on behalf of the President of

India shall have power to adopt any of the coursed specified in clause 24 as he may deem

best suited in the interest of Government and in the event of any of these course being

adopted the consequences specified in the said clause 24

35 All sums payable by way of compensation under any of these conditions shall be

considered as reasonable compensation to be applied to the use of Government without

reference to the actual loss or damage sustained and whether or not any damage shall have

been sustained

36 PARTNERSHIP FIRMS

Where the contractor is a partnership firm the previous approval in writing of the

Designated officialnominated representative shall be obtained before any change is made

in the constitution of the firm Where the contractor is an individual or a Hindu undivided

family business concern such approval as aforesaid shall like wise be obtained before the

contractor enters into any partnership agreement where under the partnership firm would

have the right to carry out the work hereby undertaken by the contractor If previous

approval as aforesaid is not obtained the contract shall be deemed to have been assigned in

contravention of Clause hereof and the same action may be taken and the same

consequence shall ensure as provided in the said clause

37 All works to be executed under the contact shall be executed under the direction and

subject to the approval in all respected of the Designated official who shall be entitled to

direct at what point or points and in what manner they are to be commenced and from time

to time carried on

23 Signature of the Contractor

38 Whenever any claim against the contractor for the payment of a sum or money arises

out of or under the contract Government shall be entitled to recover such sum by

appropriating in part or whole the security deposit of the contractor and to sell any

Government Promissory Notes etc forming the whole or part of such security In the event

of the security being insufficient or if no security has been taken from the contractor then

the balance or the total sum recoverable as the case may be shall be deducted from any

sum then due or which at any time thereafter may become due to the contractor under this

or any other contract with Government Should this sum be not sufficient to cover the full

amount recoverable the contract shall pay to Government on demand the balance

remaining dues

39 AUDITS AND TECHNICAL EXAMINATION

391 Company shall have the right to cause an audit and technical examination of the

works and the final bills of the contractor including all supporting vouchers abstract etc to

be made after payment of the final bill and if as a result of such audit and technical

examination any sum is found to have been overpaid in respect of any work done by the

contractor under the contract or any work claimed by him to have been done by him under

the contract and found to have amount of over payment and it shall be liable to refund the

amount of over payment and it shall be lawful for Company to recover the same from him

in the manner prescribed or in any other manner legally permissible and if it is found that

the contractor was paid less than what was due to him under the contract in respect of any

work executed by him under it the amount of such under payment shall be duly paid by

Company to the contractor

392 Any sum of money due and payable to the contractor (including Security Deposit

returnable to him) under this contract may be appropriated by the Company and set off

against any claim of the Company for the payment of a sum or money arising out of or

under any other contract made by the contractor with the Company

40 Contractor shall not enter into agreement with any other unit on approved tender of

GMTD MEHSANA without prior approval of the General Manager Telecom District

MEHSANA

41 Without prejudice to any of the rights or remedies under this contract if the contractor

dies the GMTD MEHSANA on behalf of the company shall have the option of

terminating the contract without compensation to the contractor

42 No Engineer of gazetted rank or other gazetted officer employed in Engineering or

administrative duties in an Engineering Department of the Government of India is allowed

to work as contractor for a period of two years of his retirement from Government service

without the prior permission of Government of India This contract is liable to be canceled

if either person who had not obtained the permission of Government of India as aforesaid

before submission of the tender or engagement in the contractors service as the case may

be

43 COMPENSATION FOR DELAY The time allowed for carrying out the work as

mentioned shall be strictly observed by the contractor and shall be deemed to be of the

essence of the contract on the part of the contractor However for special jobs if the

contractor has submitted a time schedule and the same has been accepted by the designated

officialnominated representative of the company the contractor shall comply with the

said time schedule

24 Signature of the Contractor

44 TIME LIMIT amp LIQUIDATED DAMAGE CHARGES

441 It will be at the discretion of the GMTD MEHSANA to revise or modify or extend

the time limits specified for the total work awarded to the contractor or to further specify

the quantum of work to be completed within a specified period provided a written request

has been received from the contractor explaining the reasons for which such extension of

time is asked for and the GMTD MEHSANA in the particular case is convinced and

satisfied that such extension or revision or modification is in the interest of the

Government In such cases payment of liquidated damage as compensation for delay

becomes liable based on such revised or modified or extended time limits and the

conditions under which such extension or modification or revision has been made

Liquidated damage will be charged as per Special Condition clause No2 amp 3 read as

under

1 Delay in collection - Rs5- per instrument per week or part there of for entire lot of

unserviceable instruments collected delayed subject to a maximum Rs20- per instrument

in case timely collection is not done as per 2(b) of special conditions

2 Delay in delivery- Rs2- per week or part there of on the entire lot of instruments

delivered delayed in case of delivery not made timely as per Para 3 of Special conditions

442 The contractor shall have to complete the contractual work within stipulated period

and it is very clearly understood between the parties that the time is made the essence of

contract

45 The Company assumes no responsibility whatever for any oral understandings or

representations made by any its officers or agents or servants prior to the execution of the

contract and all previous negotiations and understandings are hereby canceled

46 STORERSMATERIAL SUPPLIED BY THE GOVERNMENT

All materials supplied to the contractor by the company shall remain the absolute

property of Company and shall not be removed from site of the work except for use in the

work and shall be at all times open to inspection by Designated official

47 In the event of the contractor being adjudged insolvent or going voluntarily into

liquidation or having received order or other order under insolvency Act made against him

or in the case of a company of the passing of any resolution or making of any order for

winding up weather voluntarily or otherwise or in the event of the contractor failing to

comply with any of the conditions herein specified the GMTDMEHSANA shall have

the power to terminate the contract without previous notice

48 ACCEPTANCES AND MEASUREMENT

481 It is important that the work carried out by contractor is approved by the designated

official nominated representative of the company

482 The designated official nominated representative of the Govt and the contractor or

his authorized representative will certify under their signature at the appropriate places that

the work carried out is as per the specification

49 PRICE VARIATION

25 Signature of the Contractor

The Company shall not be responsible for any escalation in prices of labour or materials

machinery equipment etc whatsoever or any increase in any duties levies or taxes in

respect thereof whatsoever and the contractor rates and contractors obligations shall

remain unaffected by such escalation and or increases

50 FORCE MAJEURE

In the event of either party being rendered unable by force majeure to perform this

contract than the obligations of the party effected by such force majeure shall be

suspended for the whole period during which such cause lasts and until normal operation

are resumed and when such cause ends the execution of this contract must be resumed

with all responsible dispatch should the execution of this contract be suspended by force

majeure than a corresponding extension of the completion date shall be automatically

granted The occurrence of a cause of force majeure however shall not relieve the

company and its obligation to make payment to the contractor for the work satisfactorily

executed prior thereto The terms force majeure as employed herein shall mean act of God

war declared or undeclared hostilities enemy actions revolts riots legal lock outs and

eligible strikes tidal waves forest fires major floods explosions earth quakes epidemics

sabotage extra ordinary act and Regulation of central or state Government or Municipality

Bodies Upon the occurrence of such causes and its termination the parties rendered unable

as aforesaid shall notified the other party in writing within 72 hours of the beginning and

ending dates giving full particulars and evidences if required

51 PAYMENTS

The contractor shall prepare the bills claiming shown as labour cost and material cost

separately The contractor shall submit the bills within 30 days after completion of the

work duly certified by the designated officialnominated representative of company

GMTD MEHSANA has full right to disallow the payment of the bills received after 30

days of completion of work

52 The GMTD MEHSANA may however at his discretion allow the contractor to

submit fortnightly bills or at the end of each work

53Income tax at the rate in force at that time would be deducted from his payments of bills

as Tax deducted at source However if any new legislation comes into effect for

deduction of tax at source at any other rate deduction will be made at that rate

The GMTD MEHSANA will issue necessary Income tax deduction certificate or the

Accounts Officer detailing the amount so deducted As Tax Deducted at Source at the time

of payment or each bill

54 The Tenderer should submit all requisite documents including EPF related documents

as per clause in tender terms amp conditions and special conditions along with the bill if

applicable

55 PAYMENT PROCEDURE

551 The bills are to be submitted in TRIPLICATE and in the manner and form that may

be prescribed by the GMTD MEHSANA from time to time ldquoAccounts Payeerdquo cheque

for amount passed in the bill will be issued only after the contractor gives a stamped

receipt for the amount unless the bills are pre-receipt Only Accounts Payee Cheques

drawn on the branch of the state bank of India or other bank in which the GMTD or the

26 Signature of the Contractor

Accounts Officer may be having drawing assignment account will make payments The

payments will be made either by the Accounts Officer or by any other official who at any

period of time may be convenient to the company

552 Any liquidated damages due shall also be recoverable from the bills submitted for the

payment by the aforesaid officer

553 The security deposit with the GMTD Shall be considered for adjustment against

liquidated damages only at the time of final conclusion of the contract and final settlement

of account

554 The GMTD MEHSANA will have e the right to recover liquidated damages for

delay or slow progress of the works from the bills submitted for payment

555 The final settlement of the bills and refund adjustmentappropriation of any amount

detained from the running bill of the contractor shall be made fully after the GMTD is

satisfied that all the contractual obligation have been fully met and no amount remain due

for recovery from the contractor on any count Unless there are specific reasons all

accounts are expected to be settled within a period of six months from the date of

completion of the works in all respects

56 FINAL ACCEPTANCE

If any of the work is found to be unsatisfactory by the designated officialnominated

representative of the govt the contractor shall be intimated in writing of the corrections

repairing to be carried out The contractor shall be required to correct all defects that

remain evident at any time prior to final acceptance of the contractors works by the

GMTD MEHSANA The cost of all such repairs and corrections shall be borne by the

contractor Failure or neglect on the part of the GMTD MEHSANA or his representative

to confirm or reject inferior work notwithstanding final acceptance of the work or any part

thereof by the company THE GMTD MEHSANA Designated official or his

representative shall not be construed to imply the acceptance of such work The provision

of this clause shall not in any way affect or limit the contractors liability under the

undertaking and guarantee contained in the contract documents

57 DISPUTES AND ARBITRATION

All dispute arising between the contractor and GMTD MEHSANA out of this contract

shall be referred to the sole arbitration in the following manners -

a) In case parties are unable to reach a settlement by themselves the dispute should be

submitted for arbitration in accordance with contract agreement

b) There should not be a joint submission with the contractor to the sole arbitrator

c) Each party should submit its own claimed severely and may oppose the claim put

forward by the other party

d) The onus of establishing his claims will be left to the contractor

e) His claim will be firmly resisted by utilizing all the evidence available with the

company

27 Signature of the Contractor

f) Once a claim has been included in the submission by the contractor a retraction or

modification thereof will be opposed

g) The Point of Defense will be based on actual condition of the contract

h) The question whether these conditions are equitable shall not receive any consideration

in the preparation of Points of Defense

i) The arbitrator shall not entertain claims in the nature of ex-gratia payments as these

are not contractual

j) If the contractor including such claims in his submission the fact that they are not

contractual will be prominently placed before the arbitrator

k) In case the amount involved is heavy the sole arbitrator may be within his rights to

conduct the defense by the government pleader

The award of the sole arbitrator shall be final and binding on the parties to the dispute It

is further agreed that reference to the sole arbitration of officer appointed as arbitrator is

conditions precedent and none will be entitled to move the court without referring the

matter to sole arbitrator

58 Contractor should produce latest Income Tax CertificateSales Tax registration

certificate

59GMTD Mehsana reserves the rights to terminate RRC for breach of

conditionconditions of the agreement after giving a show cause notice of 14 days and after

examining reply if any filed by him pursuance to show cause notice

60 GMTD Mehsana reserves the rights to engaged one or more contractors for this work

61 Rates to be quoted in ANNEXURE ndash III Financial Bid in separate sealed cover and

declaration to be given in ANNEXURE-II-A amp ANNEXURE ndash II B duly signed by all

partnersdirectors of the companyfirm

28 Signature of the Contractor

SECTION ndash V

SPCECIAL CONDITIONS

Work Orders shall be issued by concerned SDE approved by DE

1 Scope of the work Repairing of faulty electronic CLIP push button telephone

instruments buttons key including plan instrument It shall cover all instruments

including those having PCB Display of CLI and burnt out due to their connections

to powers inadvertently but excluding PBT with bakelite portion broken

discolored

2 Collection of faulty instruments

A For lifting of faulty instruments the minimum lot size will be of 20 units

the SDEexchange in charge will intimate the quantity of faulty instruments

accumulated with him over telephone or by FAX to the contractor

B The contractor shall ensure the collection of the faulty instruments within

three working days of the date at giving work order or intimation over telephone or

by FAX on working days between 10 AM to 17 PM at his cost

C The contractor shall acknowledge the receipt of the faulty instruments made

over to him

3 Duration of repair

A The contractor shall repair the faulty instruments at his own work-shop and

return the same to SDEexchange in-charge concerned at his own cost within one

week of its collection (for calculating one week the day of collection and day of

handing over will be inclusive)

B After carrying out repairs of the faulty instruments the contractor shall

offer the instruments to SDEExchange in-charge or JTO nominated by him for

inspection and testing one day before the expiry of schedule delivery date The

decision of the inspecting officer as to accept the repaired instruments will be final

and binding on contractor

C The contractor shall pack each repaired instrument suitably in a

polythene bag after polishingbuffing while returning them to SDE

D The contractor shall paste stiker with date of repairing on back side of

each repaired instrument while returning them to SDE

E The repaired instruments shall be returned back to the same SDEExchange

in-charge unless specified otherwise from where these instruments were collected

for repairs

4 Warranty repair

The contractor will undertake quality repair which will ensure the normal

troubledefect free performance of the instruments for a period of 12 months from

the date of inspection and clearance In case the repaired instruments develops

any defect or any deficiency or fault ie it becomes faulty during the warranty

29 Signature of the Contractor

period the contractor shall rectify repair and remedy such defects deficiency in the

repaired instruments at his own cost and expenses

5 A Method of evaluation

Tenders will be evaluated with reference to the total cost worked out by

multiplying rates quoted by Tenderer with approximate number of EPBT amp

CLIP Instruments as shown in the price bid

B Reports

1 The contractor shall furnish a summary of fault found and namedetails of

the components replaced in the instruments repaired while offering them for

inspection

2 The contractor shall also furnish a quarterly analysis of faulty and repaired

batch wise as per Annexure-I

6 Quality of components

The contractor shall use good quality components for repairs of the instruments

The replaced parts should be purchased by the contractor from DOT approved

source s

7 Liquidated damage

1 Delay in collection Rs 5- per instruments per week or part thereof for

entire lot of unserviceable instruments collected delayed subject to a

maximum of Rs 20- per instruments In case timely collection is not don as

per Para 2(B) above

2 Delay in delivery Rs2 per instrument per week or part thereof on the

entire lot of instruments delivered delayed in case delivery not made timely

as per Para 3 above

8 Quantum of EMD and PSD

EMD as per NIT - to be paid either in cash or in form of DDBankerrsquos

ChequePay Order from NationalizedScheduled Bank in favour of Accounts

Officer (Cash) BSNL Oo GMTD ndash Mehsana payable at Mehsana

Performance Security Deposit 10 of estimated cost of tender payable either in cash or DD or in form of Bank guarantee

from Nationalized BankScheduled Bank for a period of 24 months which will be released or refunded after successful

completion of contract and no due pending against contractor 9 Extension of validity of RRC period Period of RRC will normally

be one year However GMTD Mehsana reserves the right to extend it for a further period of six months or one year or part

there of under the same rates and terms and conditions

Estimated cost for the second year or part there of shall be considered same as approved for first year or part

there of on pro-rata basis

30 Signature of the Contractor

10 Eligibility The bidder should have

Experience of repairing of CLIP or EPBT Instruments in DOTBSNLGovt

PSU Private SectorFirm for one year during last five years as per NIT

11 Documents to be submitted with Technical Bid (Qualifying Bid) to establish

their eligibility for bidding

111 Experience certificate (self attested copy) issued by not below the rank of DEAGM in

DOTBSNLGovtPSUPrivate SectorFirm as required under clause 10 above

112 Self attested Copy of registration of firm (not required for proprietorship)

113 For EPF particulars submit the EPF registration certificate if applicable

(If not applicable submit the clarification as to how not applicable and submit

undertaking on Non judicial stamp paper of Rs 50- regarding submission of it within

one month after the agreement with BSNL Mehsana) If the firms which are under

partnership deed Company Pvt Ltd shall have to submit EPF registration certificate

If not obtain they shall have to obtain the earliest and latest by the time of agreement

They shall have to submit necessary undertaking certificate for this in ANNEXURE-

VI

114 Self attested Copy of Registration particulars with Central Excise for Service Tax If

undertaking is given he shall have to submit within one month before agreement failing

which there will be no agreement (If Service tax is not applicable he shall have to

submit reasons as to how it is not applicable)

115 Partnership deed amp power of attorney who has signed the bid (self attested copy) if

applicable

116 Bio-data of Tenderer in ANNAXURE--IV

117 Declaration to be given in ANNEXURE-II A amp II B

12 Rates to be quoted in ANNEXURE-III In Financial Bid to be submitted separately

in sealed cover

13 GMTD Mehsana reserves the rights to terminate RRC for breach of condition

conditions of the agreement after giving a show cause notice of 14 days and after

examination reply if any filled by him pursuance to show cause notice

14 EPF contribution in respect of LabourEmployees employed by the contractor for

execution of works of BSNL if applicable The contractor will have to

fulfillcompliance of the provisions of EPF amp Misc provisions Act1952 amp Employees

provident fund scheme-1952 by the contractor in respect of LaboursEmployees

engaged by them for performing the work of BSNL while submitting the claim of bills

towards works executed by him if applicable he must accompany the

i List showing the details of LaboursEmployees engaged

ii Duration of their engagement

iii The amount of wages paid to such LaboursEmployees for the duration in question

iv Amount of EPF contribution (both employees amp employers contribution) for the

duration of engagement in question paid to the EPF authorities

31 Signature of the Contractor

v Copies of authenticated documents of payments of such contributions to

EPF authorities and a declaration for compliance of EPF Act 1952

15 The BSNL reserves the right to disqualify such bidders who have a record of not

meeting contractual obligation against earlier contracts entered into with the

BSNL MEHSANA

16 Multiple Vendor System -The BSNL Mehsana intends to limit the number

of technically amp commercially responsive bidders to (Maximum three) from

the list of such bidders arranged in increasing order of their evaluated rate

starting from the lowest for the purpose of award of work against this

tender The distribution of quantum of work among the bidders is as per

clause of Section ndash of tender document

ldquoHowever SSA Head Mehsana reserve the right for the award of contract amp

work of entire tendered quantity to the bidder with the lowest evaluated

ratesrdquo

17 NOTE-

Tender documents containing detailed description of work terms amp conditions can be

had from Asstt General Manager (MM) Oo GMTD Mehsana 2nd Floor Admn

Building Sanchar Bhawan Pilaji Ganj Mehsana-384001 between 10=00 hours to

17=00 hours from 26102016 to 17112016 on all working days

Asstt General Manager (MM) Oo GMTD Mehsana ndash 384001

32 Signature of the Contractor

SECTION ndashVI

1 Specification and Tentative Quantum of work for repairing of EPBT amp

CLIP (approximate)

Sr

No

Name of SDE Unit

[Concern Supervising

Authority]

Quantum of Works for Tender for repairing

of EPBT amp CLIP Instruments [In No]

CLIP Inst EPBT

Inst

Buttons

Key

Plan Inst

1 SDE P MEHSANA 750 900 3 5

2 SDE G MEHSANA 225 250 5 0

3 SDE G CHANASAMA 100 0 5 0

4 SDE G CHHATRAL 350 200 0 0

5 SDEP KADI 50 0 0 0

6 SDEG KADI 50 0 0 0

7 SDEP KALOL 750 450 7 0

8 SDEG KALOL 150 50 0 0

9 SDEP VIJAPUR 60 85 2 0

10 SDEG VIJAPUR 75 95 2 0

11 SDEG MNSGZR 50 80 3 0

12 SDEG KUKARWADA 50 75 2 0

13 SDEP VISNAGAR 350 200 5 0

14 SDEG VISNAGAR 150 75 4 0

15 SDEG VADNAGAR 100 25 4 0

16 SDEG SATLASANA 75 40 3 0

17 SDEG KHERALU 100 50 3 0

18 SDEP UNJHA 500 400 3 0

19 SDEG UNJHA 100 113 2 0

20 SDEP SIDHPUR 450 300 3 0

21 SDEG SIDHPUR 200 200 5 0

22 SDEP PATAN 350 150 5 0

23 SDEG PATAN 100 50 5 0

24 SDEG HRJSAMI 100 50 4 0

Total 5235 3838 75 5

33 Signature of the Contractor

SECTION ndashVII

STANDARD SCHEDULE OF RATE (SOR) FOR REPARING OF EPBT

AND CLIP INSTRUMENT IN MEHSANA TELECOM DISTRICT (MEHSANA SSA)

To

GMTD Mehsana

Sub - Our Financial Bid for repairing of EPBT amp CLIP Instruments in Mehsana SSA

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Sir

Having examined the tender documents terms amp conditions specification of work

stipulated there in IWe the undersigned offer our rates in percentage as under

Brief description of items for

Repairing under ARC

Approx Quantity to be

repaired under ARC

SOR Per Instrument

(a) (b) (c)

(1) Repairing of CLIP Telephones

instruments

5235 No Rs 55-

(2) Repairing of Electronics Push

Button Telephones (EPBT)

3838 No Rs 23-

(3) Repairing of Buttons Key

75 No Rs 26-

(3) Repairing of Plan Instruments

5 No Rs 39-

Note- The Quantity of Clip instrument ( 5500) may be consider which AMC will be expired as per given below -

(1) AMC of 1400 PTPL instrument may be expired on 23092016

(2) AMC of 3100 PTPL instrument may be expired on 21012017

(3) AMC of 1000 PTPL instrument may be expired on 25032017

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

34 Signature of the Contractor

ANNEXURE-I

Fault analysis report of instruments of quarter ending

No of faulty

instruments

with

contractor at

the

beginning of

the period

No of faulty instruments

received by contractor

during the quarter

No of faulty instruments

repaired and returned to

Depot officer

CF No of

faulty

instruments

with

contractor

In warranty Out of

warranty

In warranty Out of

warranty

1

2

Nature of Fault

Type No Of instruments

No

dial

tone

Dial

faulty

No

ring

Poor

speechdisturbance

Dead Display

Fault

No fault

foundMisc

In

warrant

Out of

warranty

Repairing carried out

Type Faults in

TransmitterReceiver Ringer Contract

foil

PCB

Fault

Disply No fault

foundMisc

In

warrant

Out of

warranty

35 Signature of the Contractor

ANNEXURE ndashII

DECLARATION

(TO BE SUBMITTED WITH TECHNICAL BID)

IWe hereby declare that IWe have carefully gone through the Terms amp Conditions of

Tender Notice Invited vide No MMTenderMehsana2016-1706 Dated 26102016 in

detail and agree to the rate submitted by MeUs in the rate sheet and IWe agree in full to

abide by them

1) Signature of the Party ___________________________________

Full Name ___________________________________

(In block letter) ___________________________________

2) Full address ___________________________________

___________________________________

___________________________________

___________________________________

Tele No (O)________________________________

(R)________________________________

3) Capacity in which the __________________________________

Tender is signed

Rubber stamp is required) __________________________________

__________________________________

Date Signature of the Tenderer with seal

36 Signature of the Contractor

ANNEXURE ndash IV

DECLARATION REGARDING EPF TO BE GIVEN ON NON-JUDICIAL STAMPS

PAPER OF RS 100-

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

I helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipProprietor of

Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip do here by declare

that I am the proprietor of my above firm I am carrying out the repairing of

EPBT amp CLIP my self I do not engage labour So EPF is not applicable to

me

However the decision of the competent authority shall be binding to me in

this regard

Name of the Bidder

Signature of the Bidder with Seal

37 Signature of the Contractor

ANNEXURE ndash V

Undertaking to be given for compliance of EPF Registration certificate

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

We the partners Directors of the firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Do here by undertake that if our tender is accepted we will submit the EPF Registration

certification at the earliest latest by one month after the agreement carried out with the

BSNL Mehsana for execution of works for repairing of EPBT amp CLIP Instruments in

Mehsana SSA failing which the decision of the competent authority will be binding on us

To be signed by all Partners directors

38 Signature of the Contractor

ANNEXURE ndash VI

LETTEROF AUTHORISATION FOR ATTENDING BID OPENING

Tender Number MMTenderMehsana2016-1706 Dated 26102016

Subject Authorisation for attending bid opening on___________________(date) the

tender of following persons are hereby authorised to attend the bid opening

for the tender mentioned above on behalf of ______________________

(Bidder) in order of preference given below

Order of Preference Name

Specimen Signatures

I

II

Alternate

Representative

Signatures of

bidder

Or

Officer authorised to sign the bid

Documents on behalf of the bidder

No 1 Maximum of two representatives will be permitted to attend bid opening In

case where it is restricted to one first preference will be allowed Alternate

representative will be permitted when regular representatives are not to able

attending

2 Permission for entry to the hall where bids are opened may be refused in case

authorisation as prescribed above is not recovered

39 Signature of the Contractor

ANNEXURE ndash VII

INTEGRITY PACT

Between

Bharat Sanchar Nigam Limited (BSNL) GMTD-Mehsana hereinafter referred to as ldquoThe

Principalrdquo

And

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphereinafter referred to as ldquoThe BidderContractorrdquo

Preamble

The Principal intends to award under laid down organizational procedures contracts for --

----------------------------------------- The Principal values full compliance with all relevant

laws and regulations and the principles of economic use of resources and of fairness and

transparency in its relations with its Bidders and Contractors

In order to achieve these goals the Principal will appoint an Independent External Monitor

who will monitor the tender process and the execution of the contract for compliance with

the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to

observe the following principles -

(a) No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for

or accept for himherself or third person any material or immaterial benefit which heshe

is not legally entitled to

(b) The Principal will during the tender process treat all Bidder(s) with equity and reason

The Principal will in particular before and during the tender process provide to all

Bidder(s) the same information and will not provide to any Bidder(s)

confidentialadditional information through which the Bidder(s) could obtain an advantage

in relation to the tender process or the contract execution

(c) The Principal will exclude from the process all known prejudiced persons

(2) If the Principal obtains information on the conduct of any of its employees which is a

criminal offence under the relevant Anti-Corruption Laws of India or if there be a

substantive suspicion in this regard the Principal will inform its Vigilance Office and in

addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder(s)Contractor(s)

(1) The Bidder(s)Contractor(s) commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation

in the tender process and during the contract execution

(a) The Bidder(s)Contractor(s) will not directly or through any other person or firm offer

promise or give to any of the Principalrsquos employees involved in the tender process or the

40 Signature of the Contractor

execution of the contract or to any third person any material or immaterial benefit which

heshe is not legally entitled to in order to obtain in exchange any advantage of any kind

whatsoever during the tender process or during the execution of the contract

(b) The Bidder(s)Contractor(s) will not enter with other Bidder(s) 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

(c) The Bidder(s)Contractor(s) will not commit any offence under the relevant Anti-

corruption Laws of India further the Bidder(s)Contractor(s) will not use improperly for

purposes of competition or personal gain or pass on to others any information or

document provided by the Principal as part of the business relationship regarding plans

technical proposals and business details including information contained or transmitted

electronically

(d) The Bidder(s)Contractor(s) will when presenting his bid disclose any and all

payments he has made is committed to or intends to make to agents brokers or any other

intermediaries in connection with the award of the contract

(2) The Bidder(s)Contractor(s) will not instigate third persons to commit offences outlined

above or be an accessory to such offences

Section 3 ndash Disqualification from tender process and exclusion from future contracts

If the Bidder(s)Contractor(s) before contract award or during execution has committed a

transgression through a violation of Section 2 above or in any other form such as to put his

reliability or credibility in question the Principal is entitled to disqualify the

Bidder(s)Contractor(s) from the tender process or take action as per the defined procedure

Section 4 ndash Compensation for Damages

(i) If the Principal has disqualified the Bidder(s) from the tender process prior to the award

according to Section 3 the Principal is entitled to demand and recover the damages

equivalent to Earnest Money Deposit Bid Security

(ii) If the Principal has terminated the contract according to Section 3 or if the Principal is

entitled to terminate the contract according to section 3 the Principal shall be entitled to

demand and recover from the Contractor the amount equivalent to Security Deposit

Performance Bank Guarantee in addition to any other penalties recoveries as per terms

and conditions of the tender

Section 5 ndash Previous transgression

(i) The Bidder declares that no previous transgression occurred in the last 3 years with any

other Company in any country conforming to the Anti-corruption approach or with any

other Public Sector Enterprise in India that could justify his exclusion from the tender

process

(ii) If the Bidder makes incorrect statement on this subject he can be disqualified from the

tender process or action can be taken as per the defined procedure

Section 6 ndash Equal treatment of all BiddersContractorsSubcontractors

41 Signature of the Contractor

(i) The principal will enter into agreements with identical conditions as this one with all

BiddersContractors

(ii) The Bidder(s)Contractor(s) undertake(s) to demand from all subcontractors a

commitment in conformity with this Integrity Pact

(iii) The Principal will disqualify from the tender process all bidders who do not sign this

Pact or violate its provisions

Section 7 ndash Criminal charges against violating

Bidder(s)Contractor(s)Subcontractor(s)

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or

of an employee or a representative or an associate of a Bidder Contractor or

Subcontractor which constitutes corruption or if the Principal has substantive suspicion in

this regard the Principal will inform the Corporate Vigilance Office

Section 8 ndash External Independent MonitorMonitors

1 Principal appoints competent and credible Independent External Monitor for this Pact

The task of the Monitor is to review independently and objectively whether and to what

extent the parties comply with the obligations under this agreement

2 The Monitor is not subject to instructions by the representatives of the parties and

performs his functions neutrally and independently He reports to the CMD of the BSNL

3 The Bidder(s)Contractor(s) accepts that the Monitor has the right to access without

restriction to all Project documentation of the Principal including that provided by the

Contractor The Contractor will also grant the Monitor upon his request and demonstration

of a valid interest unrestricted and unconditional access to his project documentation The

same is applicable to Subcontractors The Monitor is under contractual obligation to treat

the information and documents of the Bidder(s)Contractor(s)Subcontractor(s) with

confidentiality

Notwithstanding anything contained in this Section the Bidder(s)Contractor(s) shall have

no obligation whatsoever to provide any internal costing mechanisms or any internal

financial or commercial data pursuant to any audit or review conducted by or on behalf of

the Principal Further the Bidder(s)Contractor(s) shall not be required to provide any data

relating to its other customers or any personnel or employee related date

4 The Principal will provide to the Monitor 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 Principal and the Contractor The parties offer to the

Monitor the option to participate in such meetings

5 As soon as the Monitor notices or believes to notice a violation of this agreement he

will so inform the Management of the Principal and request the Management to

discontinue or take corrective action or to take other relevant action The monitor can in

this regard submit non-binding recommendations Beyond this the Monitor has no right to

demand from the parties that they act in a specific manner refrain from action or tolerate

action

42 Signature of the Contractor

6 The Monitor will submit a written report to the Chairperson of the Board of the Principal

within 8 to 10 weeks from the date of reference or intimation to him by the lsquoPrincipalrsquo and

should the occasion arise submit proposals for correcting problematic situations

7 If the Monitor has reported to the CMD of the BSNL a substantiated suspicion of an

offence under relevant Anti-Corruption Laws of India and the BSNL has not within

reasonable time taken visible action to proceed against such offence or reported it to the

Corporate Vigilance Office the Monitor may also transmit this information directly to the

Central Vigilance Commissioner Government of India

8 The word lsquoMonitorrsquo would include both singular and plural

Section 9 ndash Pact Duration

This Pact begins when both parties have legally signed it It expires for the Contractor 12

months after the last payment under the contract and for all other Bidders 6 months after

the contract has been awarded

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 dischargeddetermined by

CMD BSNL

Section 10 ndash Other provisions

1 This agreement is subject to Indian Law Place of performance and jurisdiction is the

Registered Office of the Principal ie New Delhi The arbitration clause provided in the

tender document contract shall not be applicable for any issue dispute arising under

Integrity Pact

2 Changes and supplements as well as termination notice need to be made in writing

3 If the Contractor is a partnership or a consortium this agreement must be signed by all

partners or consortium members

4 Should one or several provisions of this agreement turn out to be invalid the remainder

of this agreement remains valid In this case the parties will strive to come to an agreement

to their original intensions

------------------------------------ ----------------------------------

For the Principal For the BidderContractor

Placehelliphelliphelliphelliphelliphelliphelliphellip Witness 1 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphellip Witness 2 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

43 Signature of the Contractor

Anexx-VIII

AGREEMENT

This agreement made on thishelliphelliphellip day of helliphelliphellip Yearhelliphelliphelliphellip Between hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphellipHerein after called ldquo The contractorrdquo (which expression shall unless excluded by or

repugnant to the context include its successors heir executors administrative representative and

assignee) of the one part amp the BSNL (GMTD Mehsana) herein after referred to as the BSNL of

other part Tender No MMTenderMehsana2016-1706 Dated 26102016

Where as the contractor has offered to enter with the said BSNL for the contract for repairing of

EPBT amp CLIP Plan instruments amp Buttons Key in Mehsana SSA Mehsana Telecom District on

the terms and conditions herein contained and the rates approved by the BSNL (copy of rates

annexed) have been dully accepted and whereas the necessary security deposit have been furnished

in accordance with the provision of the tender documents and whereas no interest will be claimed

on the security deposit Now these presents witness and it is hereby agreed and declared by and

between the partiesrsquo presents as follows

(1) The contractor shall during the period of this contract that is to say fromhelliphelliphelliphelliphellipTo

helliphelliphelliphellip or completion of work whichever is earlier or until this contract shall be

determined by such notice as is herein after mentioned safely carried out by means of

Labours employed at his own expense and by means of tools implements of equipments

etc to be supplied by him to his Labours at his own expense all work of repairing of

EPBT amp CLIP instruments as described in tender documents (annexed to the agreement)

when the BSNL or any other person authorized by GMTD Mehsana in that behalf require it

is under stood by the contractor that the quantity of work mentioned in the schedule is

likely to change as per actual requirement as demanded by exigencies of service

(2) The Notice Inviting Tender Bid documents (qualifying and financial) letter of intent

approved rates annexed here to and such other additional particulars instructions

drawings work orders as may be found requisite to be given during execution of work

shall be deemed and taken to be an integral part of the contract and shall be deemed to be

included in the expression ldquoThe agreement) or ldquoThe Contractrdquo wherever herein used

(3) The contractor also supplies the requisite number of workmen with means and materials as

well as tools appliances vehicles for transportation cartage etc required for the proper

execution of work within the prescribed in the work orders

(4) The contractor hereby declares that no body connected with or in the employment of the

BSNL is notshall not ever be admitted as partner in the contract

(5) The contractor shall abide by the terms and conditions rules guide lines constructions

particulars safety precautions etc stipulated in the tender documents including any

correspondence between the contractor and the BSNL having bearing on execution of work

and payments of work to be done under the contract

In witness whereof the partiesrsquo presents have here in to set their representative hands and

seals the day and year in

Signed sealed amp Delivered by

The above named contractor in the presence of

Above written

Witness

(1)

(2) Signed and delivered on behalf of BSNL

Witness

(1)

(2)

44 Signature of the Contractor

ANNEXURE-IX - UNDERTAKING

This deed of undertaking executed on this helliphelliphellip day ofhelliphelliphelliptwo thousand andhelliphellip

by (name of sole proprietorpartnerdirectorauthorized representative the firm

company trust society etc)helliphelliphelliphelliphelliphelliphelliphelliphelliphellipSO helliphelliphelliphelliphelliphelliphelliphellip

residing athelliphelliphelliphelliphelliphelliphelliphelliphelliphellipOn behalf of said helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of the firm company Trust Society etc) having its office athelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

and dully authorized to sign file and verify present undertaking by the said hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of Firm company Society etc) in favour of Bharat Sanchar Nigam Ltd a

Government Of India undertaking having its registered office at Statesman

HouseB-148 Barkhamba Road New Delhi and local office at Administrative

Building Sanchar Bhawan BSNL Pilaji Ganj Mehsana-1 here in after called

BSNL (which terms shall mean and include its successors administrators heirs and

assigns Where as MS BSNL invited bids for repairing of EPBT amp CLIP instruments in Mehsana SSA

IWe participated in the bidding process and emerged as successful bidder with respect to tender No

MMTenderMehsana2016-1706 Dated 26102016

IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Acknowledge that IWe have fully under

stood and aware of the terms amp conditions of the Tendercontract and do hereby unequivocally and

unconditionally undertake and declare that

(1) IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip shall comply with all

the rulesRegulationsLawsGovernment instructionsstatus etc that are

applicable will be made applicable and or are aimed to protect the interest of

the workersemployees engaged by meus in the past and during the course of

performance of the contract with BSNL

(2) IWe shall fully protect indemnity and hold harmless BSNL and its employees

officers Directors agents judgments damages fines penalties and costs

(including legal costs and disbursements) arising from or relating to

Any breach violation of any direction order from any governmental

authority any provisions of the labour laws or any other laws status or

regulations that are or will be aimed to protect the interest of the

workersLabours engaged by the contractors in past and during the

course of this contract

OR

Any other payments claims or liability that may arise for ensuring

compliance of the provisions of any of the labour laws or any other laws

etc OR

Any other claim made by any third party in connection with any violation

of any laws guide lines instructions etc

In witness whereof this undertaking has caused on thehelliphelliphelliphelliphelliphellip

DayhelliphelliphelliphelliphellipMonth ofhelliphelliphellip Year

Date

Place

Signature

Name

Designation

Witness 1 2helliphelliphellip

45 Signature of the Contractor

ANNEXURE-X

E-Tendering Instructions to Bidders

These Special Instructions (for e-Tendering) supplement lsquoGeneral instructions to Biddersrsquo as enclosed in Section IV of this E-Tender Document Wherever there is a conflict the provisions herein shall prevail over those in other pages of this document

Submission of Bids only through online process is mandatory for this Tender

For conducting electronic tendering BSNL Mehsana is using the portal

(httpeprocurementsynisecombsnl1gujarat) of Ms Synise Technologies ltd Pune A - Submission of tender

1 The bidding process will be accepted only through e-tendering platform 2 Availability of e-tendering document e-tender document can be obtained by

downloading it from the website httpeprocurementsynisecombsnl1gujarat the

physical copy of the Tender document would not be available for sale

3 The Tender document shall not be available for download on its submissionclosing date B - General 1 Tender Bidding Methodology

Sealed Bid System ndashldquoSingle Stage using two envelopsrdquo

In this case of two envelope system Financial amp Techno-commercial bids shall be

submitted by the bidder at the same time

2 Broad outline of activities from Bidders prospective

1 Procure a Digital Signing Certificate (DSC)

2 Register on Electronic Tendering System (RETS)

3 Create Users and assign roles on ETS

4 View Notice Inviting Tender (NIT) on ETS

5 Download Official Copy of Tender Documents from ETS

6 Clarification to Tender Documents on ET Query to BSNL (Optional)

View response to queries posted by BSNL as addenda

7 Bid-Submission on ETS

8 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Techno-commercial Part

9 View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond to BSNLrsquos Post-TOE queries

10 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Financial-Part (Only for Technical Responsive Bidders)

For participating in this tender online the following instructions need to be read

carefully These instructions are supplemented with more detailed guidelines on

the relevant screens of the ETS

3 Digital Certificates

For integrity of data and its authenticity non-repudiation of electronic records and be compliant with IT Act 2000 it is necessary for each user to have a Digital Certificate (DC) also referred to as Digital Signature Certificate (DSC) of Class 2 or above issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer httpwwwccagovin]

4 Registration

To use the Electronic Tenderreg portal ( httpeprocurementsynisecombsnl1gujarat) vendor needs to register on the

46 Signature of the Contractor

portal Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e-tendering activities In ETS terminology this person will be referred to as the Super User (SU) of that organization For f u r ther details

p lease v is i t the websiteportal and follow further instructions as given on the site You may also contact tender wizard Helpdesk (as given below) to get your registration acceptedactivated Tender wizard Helpdesk

Telephone 020-30277517 020-30277522020-30277516

[between 1000 hrs to 1800 hrs on working days]

Mobile Nos Mr Hiren Pandar 7774013247 7774013248

E-mail ID helpdesksynisecom [Please mark CC

hirenpsynisecom]

BSNL Contact-1

BSNLrsquos Contact Person AGM MM Mehsana

Telephone Mobile (02762-220855222900)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID agmmmmehbsnlin

BSNL Contact-2

BSNLrsquos Contact Person SDE MM-Mehsana

Telephone Mobile (02762-221855)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID mehsdemm2bsnlin 5 Bid related Information for this Tender (Sealed Bid)

The entire bid-submission would be

online on ETS Broad outline of

submissions are as follows

Submission of digitally signed copy of Tender DocumentsAddendumaddenda

Two Envelopes

Techno-commercial -Part

Financial-Part

Note -

i) If some document is not applicable for the bidder then he has to upload

scanned copy of paper mentioning ldquoThe document ltNamegt called vide

clause helliphelliphelliphelliphelliphelliphellip is not applicable on usrdquo

ii) If document asked for contains more than one page then all those pages may be uploaded in one PDF format file

iii) Please take care to scan documents such that the total size of

documents to be uploaded remains minimum However it shall be sole

responsibility of bidder that the uploaded documents remain eligible

6 Offline Submissions

The bidder is requested to submit the following documents offline to AGM (MM) 2nd Floor Sanchar Bhawan Pilaji Ganj Mehsana-384001 on or before the date amp

time of submission of bids specified in covering letter of this tender

47 Signature of the Contractor

document in a Sealed Envelope The envelope shall bear (name of the tender) the tender number and the words lsquoDO NOT OPEN BEFORErsquo (due date amp time)

1 EMD-Bid Security in Original

2 DD Bankers cheque against payment of tender fee

3 Power of attorney (if applicable) Note The bidder has to upload the Scanned copy of all above said documents during

online Bid submission also

7 Special Note on Security of Bids

Security related functionality has been rigorously implemented in ETS in a multi-dimensional manner Starting with Acceptance of Registration by the Service Provider provision for security has been made at various stages in Electronic Tenderrsquos software Security related aspects as regard Bid Submission are outlined below

As part of the Electronic Encryptertrade functionality the contents of both the lsquoElectronic Formsrsquo and the lsquoMain-Bidrsquo are securely encrypted using a Pass-Phrase created by the Bidder himself Unlike a lsquopasswordrsquo a Pass-Phrase can be a multi-word sentence with spaces between words (eg I love this World) A Pass-Phrase is easier to remember and more difficult to break It is recommended that a separate Pass-Phrase be created for each Bid-Part This method of bid- encryption does not have the security and data-integrity related vulnerabilities which are inherent in E-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid- encryption Bid-encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE) even if there is connivance between the concerned tender- opening officers of the Buyer organization and the personnel of e-tendering service provider

Typically lsquoPass-Phrasersquo of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself when demanded by the concerned Tender Opening Officers who will open the bid Else Tender Opening Officer may authorize the bidder to open his bid himself There is an additional protection with SSL Encryption during transit from the client-end computer of a Supplier organization to the e-tendering server portal

8 Public Online Tender Opening Event (TOE)

ETS offers a unique facility for lsquoPublic Online Tender Opening Event (TOE)rsquo Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices For this purpose representatives of bidders (ie Supplier organization) dully authorized are requested to carry a Laptop and Wireless Connectivity to Internet Every legal requirement for a transparent and secure lsquoPublic Online Tender Opening Event (TOE)rsquo has been implemented on ETS As soon as a Bid is decrypted with the corresponding lsquoPass-Phrasersquo as submitted online by the bidder himself (during the TOE itself) salient points of the Bids are simultaneously made available for downloading by all participating bidders The work of taking notes during a manual lsquoTender Opening Eventrsquo is therefore replaced with this superior and convenient form of lsquoPublic Online Tender Opening Event (TOE)rsquo ETS has a unique facility of lsquoOnline Comparison Chartrsquo which is dynamically updated as each online bid is opened The format of the chart is based on inputs provided by the Buyer for each Tender The information in the Comparison Chart is based on the data submitted by the Bidders in electronic forms A detailed Technical and or Financial Comparison Chart enhances Transparency Detailed instructions are given on relevant screens

48 Signature of the Contractor

ETS has a unique facility of a detailed report titled lsquoMinutes of Online Tender Opening Event (TOE)rsquo covering all important activities of lsquoOnline Tender Opening Event (TOE)rsquo This is available to all participating bidders for lsquoViewing Downloadingrsquo

There are many more facilities and features on ETS For a particular tender the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer

NOTE In case of internet related problem at a bidderrsquos end especially during lsquocritical

eventsrsquo such as ndash a short period before bid-submission deadline during online

public tender opening event etc it is the bidderrsquos responsibility to have backup

internet connections In case there is a problem at the e- procurement

service-providerrsquos end (in the server leased line etc) due to which all the

bidders face a problem during critical events and this is brought to the notice

of BSNL by the bidders in time then BSNL will promptly re-schedule the

affected event(s)

9 Other Instructions

For further instructions the vendor should visit the home-page of the portal

( httpeprocurementsynisecombsnl1gujarat) and go to the User-Guidance Center The help information provided through lsquoETS User-Guidance Centerrsquo is available in three categories ndash

Users intending to Register First-Time Users Logged-in users of Buyer organizations and Logged-in users of Supplier organizations Various links are provided under each of the three categories Note It is strongly recommended that all authorized users of Supplier

organizations should thoroughly peruse the information provided under the

relevant links and take appropriate action This will prevent hiccups and minimize

teething problems during the use of ETS

The following lsquoFOUR KEY INSTRUCTIONS for BIDDERSrsquo must be assiduously adhered to

1 Obtain individual Digital Signing Certificate (DSC or DC) well in advance of

your first tender submission deadline on ETS

2 Register your organization on ETS well in advance of your first tender submission deadline on ETS

3 Get your organizationrsquos concerned executives trained on ETS well in advance of your first tender submission deadline on ETS

4 Submit your bids well in advance of tender submission deadline on ETS as

there could be last minute problems due to internet timeout breakdown etc

While the first three instructions mentioned above are especially relevant to first-time users of ETS the fourth instruction is relevant at all times

10 Minimum Requirements at Bidders end

Computer System with good configuration (Min P IV 1 GB RAM Windows XP)

Broadband connectivity

Microsoft Internet Explorer 60 or above

Digital Certificate(s) for users

49 Signature of the Contractor

ANNEXURE-III

RATE SHEET

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Rate should be quoted in below Rate Sheet

Sr

No

Rates Quoted By Bidder With Respect to SOR (Schedule Of Rate)

Particulars In Figure In Words

1 Above Of SOR

2 Below Of SOR

3 AT PAR

[At Same Rates of SOR]

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

Signature of the Bidder with Seal

Note

1 All faulty instruments are to be repaired except fully broken or fully burnt due to

electric hazards

2 The work may be offered to more than one contractor if required

Signature of the Tenderer with seal

Full Name _____________________

Full Address________________________

  • TABLE OF CONTENTS
    • CERTIFICATE REGARDING NEAR RLATIVES
      • LETTEROF AUTHORISATION FOR ATTENDING BID OPENING
      • Signed sealed amp Delivered by
      • Above written
        • ANNEXURE-IX - UNDERTAKING

5 Signature of the Contractor

SECTION ndash II

BID FORM

Tender No MMTenderMehsana2016-1706 Dated Mehsana the 26102016

To

General Manager

Telecom District Mehsana-384001

Sub Tender for EPBT amp CLIP Instruments Repairing

With reference to above Tender No MMTenderMehsana2016-1706 Dated 26102016

We offer myour Tender on the Terms and Conditions annexed here to and the rates specified in the schedule attached

IWe hereby agree to abide by the fulfill of the all terms and conditions of the contracts hereafter as applicable or in default thereof forfeited to and pay to the BSNL or GMTD Mehsana the some of money mentioned in the said condition without prejudice

The sum of Rs 9458- (Rs Nine Thousand and Four Hundred fifty Eight Only) is enclosed as EMD deposited in DD Vide DD No -------------------- of Bank ---------------------------------------------on Dtd-------------------

IWe also agree to pay security Deposit 10 of tender cost as and when called for within 15 days

We agree to abide by this Bid for the period of 120 days

IWe fails to carry out the work to the specification given in the schedule Security DepositEMD may be forfeited without prejudice to any other right or remedies of the BSNL or GMTD Mehsana

IWe also agree to accept this tender either fully or in part as decided by the competent authority

Signature of the Tenderer

Full Address

Place

Date

6 Signature of the Contractor

SECTION ndash III

(PART ndash I)

Bio-Data of the Bidder

(TO BE SUBMITTED WITH TECHNICAL BID)

1 Name of the Contractor ______________________________________

amp Full address

2 Registration of FirmAgency _____________________________________

Contractor as a Proprietor Or ______________________________________

Partnership Or Ltd Company ______________________________________

3 Service Tax Registration No ______________________________________

(If applicable)

4 PAN No ______________________________________

5 Address of workshop _______________________________________

With Telephone No

6 Registration no with EPF ______________________________________

Authority (If applicable)

Undertaking given in ANNEXURE-V

Bio-data furnished as above by me is true to the best of my knowledge If not found

correct the decision of GMTD Mehsana will be final amp binding to meus

Signature of the Tenderer with seal

7 Signature of the Contractor

SECTION ndash III

(PART ndash II)

CERTIFICATE REGARDING NEAR RLATIVES

1 IWehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipSohelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip resident of helliphelliphelliphelliphellip

hereby certify that none of my near relative(s) as defined in Section IV clause 1u

in the tender document isare employed in BSNL unit as per the details given in

the tender documents In case at any stage it is found that the information given

by me is falseincorrect BSNL shall have absolute right to take any action as

deemed fit without any prior information to me

To be signed by

(A) Signature of Proprietor in case of Proprietorship Firm

(B) Signature of all partners in case of Partnership Firm

a

b

c

d

(C) Signature of all Directors of Company in case of Ltd or Pvt Company

a

b

c helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

d helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(In case of proprietorship firm the certificate will be given by the proprietor

for partnership firm by all partners and in case of limited company by all the

directors of company)

2 The near relatives of all BSNL Employees either directly recruited or on

deputation are prohibited from participation in tenders and execution of

works in the different units of BSNL The detailed guidelines in this

regard are given in the following paragraphs

(i) The near relatives for this purpose are defined as

(a) Members of a Hindu Undivided family

(b) They are husband and wife

(c) The one is related to the other in the manner as father mother

son(s) amp sonrsquos wife (daughter-in-law) Daughter(s) amp daughterrsquos

husband (son-

in-law) brother(s) amp brotherrsquos wife sister(s) amp sisterrsquos husband

(brother-in-law)

8 Signature of the Contractor

(ii) As per BSNL of Indiarsquos CCS Conduct rule 4 no BSNL 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 contract to his official superior

This clause is applicable to all BSNL employees and in view of this as soon as

any BSNL employees 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 EngineerChief ArchtCorporate 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

HeadChief EngineerChief ArchtCorporate office under whom he is posted

(iii) 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

SSACircleChief EngineerChief ArchitectCorporate Office for non executive

employees and all SSA in a circle including circle officeChief Eng Chief Arch

Corporate Office for executive employees (including those called as Gazetted

Officers at present The tenderer should give a certificate that none of hisher

such near relative is working in the units as defined above where he is going to

apply for tenderwork 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

tenderwork will be cancelled and earnest money security deposit will be

forfeited at any stage whenever it is so noticed The BSNL will not pay any

damages to the company or firm or the concerned person The company or

firm or the person will also be debarred for further participation in the

concerned unit

(End of Section III)

9 Signature of the Contractor

Section IV

GENERAL CONDITIONS OF CONTRACT

Bids are invited in two Bid systems Technical Bid (Qualifying) amp Financial Bid (Price

bid)

Method of preparation of Bids

Bids for this tender should be submitted online amp offline in three steps placed as under

these steps should contain the following

Through-

Channel

Bid Envelopes Offline E-tender Online

First-Offline Bid Security (EMD) amp

Tender Fees

DDPay order Bankerrsquos Check for Bid

Security(EMD)amp Tender Fee

Second-Online Tech Bid (Qualifying Bid) Containing documents as per clause 11

of special terms amp conditions

Third-Online Financial Bid (Price bid) Rates quoted by the bidder in

percentage belowabove at par of SOR

The bidder can participate in the E-tender by downloading amp uploads tender from

httpseprocurementsynisecombsnl1gujarat and bidder should submits ldquoTechnical Bidrdquo and

ldquoFinancial Bidrdquo through E-tender site and one envelope the name of Bidder and ldquoTender

fees amp EMD with important documentrdquo may be clearly noted and should be properly

sealed This envelope should bear ldquoTender for Repairing of EPBT amp CLIP instruments in

Mehsana SSArdquo Tender No MM Tender Mehsana 2016-1706 Dated 26102016

DEFINITIONS

The contract means the documents forming the tender and acceptance thereof and the

formal agreement executed between the B S N L and the contractor together with

documents referred to there in including the conditions of contract the specification

designs drawing and instructions issued from time to time by the Official in charge and all

these documents taken together shall be deemed to form one contract and shall be

complementary to one another

1 In the contract the following expressions shall unless where the context otherwise

required have the meaning hereby respectively as signing them

a) The expression (works) or work shall unless there be something either in the subject or

context repugnant to such construction be construed and taken to mean the works by or

by virtue of the contract contracted to be executed whether temporary or permanent

and whether original altered substituted or additional

b) The contractor shall mean the individual or firm or company whether incorporated or

10 Signature of the Contractor

not undertaking the work and shall include the legal personal representative of such

firm or company and the permitted assignees or such individual or the person

composing such firm or company or the successor individual or firm or firms company

c) The designated official nominated representative of the Company means any official

nominated by the GMTD Mehsana to deal with the contractor for making over

material equipment etc to the contractor and to certify the work done by the

contractor

d) The BSNL means the Bharat Sanchar Nigam Limited and his successor

e) GMTD Mehsana

f) The department will mean any office of the BSNL

g) Company means Bharat Sanchar Nigam Limited

h) All reference of -

(i) DepartmentCompany

(ii) General Manager Telecommunications

(iii) Dy General Manager

(iv) Divisional Engineer

(v) Sub Divisional Engineer

(vi) Junior Telecom Officer

(vii) Junior Engineer

(viii) Accounts Officer

(ix) Junior Accounts Officer

In various clauses shall be taken to mean -

i) (i) Bharat Sanchar Nigam Limited a PSU under the Ministry of

Communications Government of India

(ii to ix) The Officers in their respective gradesgroups employed in the company by

whatever designations are assigned to them from time to time and who may be in-charge of

direction execution supervision testing acceptance maintenance of accounts and disposal

of claims from time to time and includes their successors in office Words imparting the

singular number include the plural number and vice-versa

CLAUSES

1 PERIOD OF VALIDITY

Validity of this Bid is 120 days

The rates quoted should be firm and valid for any work that may be issued for period of

11 Signature of the Contractor

one year or up to extended period of contract from the date of issue of final allocation of

the tender or until the completion of the work assigned under each work order whichever is

later

2 LABOUR

a) The contractor shall be responsible for the transportation storage and safe custody of

all EPBT amp CLIP issued to him by the Company The Contractor shall satisfy himself

regularly the quality and quantity of the materials supplied to him and he will be

responsible for any subsequent deterioration and discrepancy (inclusive of theft) in the

quality quantity of the materials

b) The contractor shall submit a proper account every month of all the EPBT amp CLIP

made over to him by the Company and those returned back duly repairs Any

discrepancy or difference between the EPBT amp CLIP issued to the contractor and those

repaired as per the Company s calculation (which shall be final) will be charged to the

contractor or deducted from his bills at cost price including freight handling charges

storage charges etc plus 20 percent departmental charges

c) On completion of the work the contractor shall return to the Company at the latterrsquos

designated store in good condition free of charges any un repaired EPBT amp CLIP that

were supplied by the Company and contractor shall obtain written receipt of goods In

absence of such written receipt it is presumed that goods in question have not been

returned

d) The contractor while taking delivery of EPBT amp CLIP handed over by the Company at

the designated place shall thoroughly inspect all items before taking them over Once

the EPBT amp CLIP are made over to the contractor it shall be his responsibility for safe

custody till taking over of the complete work by the Company Any pilferage damage

etc to the EPBT amp CLIP shall be at the risk and cost of the contractor and charges for

such unaccounted EPBT amp CLIP shall be decided in accordance with (b) above

e) Notwithstanding any thing else herein stated the contractor shall furnish and pay for

all supervision labour tools supplies construction equipment and consumable

materials as may be necessary for the performance of the work and the cost of these

shall be included in the unit repair prices quoted by the Tenderer at the time of

submitting his tender and payable to the contractor

3 GUARANTEE

In addition to any and all other guarantee and warranty mentioned in the contract

documents the contractor guarantees that the entire work will be done in a satisfactory

manner and free from any defect in workmanship and finish and unconformity in all

respect with the specification and direction The contractor also undertakes to repair or

replace as the case may be at his own cost and risk any part of the work which may

damage or that may develop any defects due to bad workmanship or other wise due to the

fault of contractor within a period of agreement

4 METHOD AND MANNER OF PERFORMANCE

The contractor shall be an independent contractor and shall have complete charge of the

men engaged in performance of the work to the performed hereunder and shall perform the

works in accordance with his own methods and at his own risk subject to compliance with

12 Signature of the Contractor

the contract documents The contractor shall throughout the stipulated period of the

contract execute the work in the best contract substantial workmanlike manner and both as

regards manuals and otherwise in respect in strict accordance with the contract documents

or such other additional particulars instruction and drawing as may be found requisite to

be given during execution of the work in force good order among his employees and shall

not employ on the works any unfit person or anyone not capable or not properly qualify to

properly perform the work assigned to him The contractor shall also not employ in respect

of the work or discontinue to employ in respect of the works any employee that the

GMTD MEHSANA SDE may for any reason object to

5 SUB CONTRACTORS

51 The contractor shall not assign subcontract or sublet the whole or any part of the

works covered by the contract or any benefit thereof without the prior written approval of

the GMTD MEHSANA Copies of all agreements entered into with any permitted or sub

contracts including rates for item of work sub-contracted shall be furnished to obtain in

writing prior approval of the GMTD MEHSANA in this behalf before the sub-contract or

the agent or the assignee as the case may be allowed to do work under the contract

52 The GMTD MEHSANA reserves the right to refuse or permit any person or

organization or sub-contractor to particulars in the works covered by the contract The

assignment or sub-contracting or subletting of any such work if permitted by the GMTD

MEHSANA shall not relieve the contractor of any of his liabilities and responsibilities

hereunder the intention being that notwithstanding any assignment or subletting or sub-

contracting the contractor shall be and remain primarily and principally liable to the

Company in terms hereof and for the due fulfillment of the contracted works any assignee

or sub-contractor being regarded merely as the agency of the contractor

53 Each assignee and sub-contractor shall be covered by the contract documents and shall

perform the work which he takes up in accordance with The Company will have the same

privileges and rights with respect to the inspection of work of assignees or sub-contractors

as are provided for under the contract documents governing the work of the contract

54 The contractor shall indemnify and save harmless the Company from and against all

actions suits proceedings loses costs damages charges claims and demands whatsoever

either in law or in enquiry and all costs (inclusive between attorney and client) and charges

and expenses that the Company may sustain suffer or incur arising from or out of or

incidental (to in connection with any act or commission) of the contractor his agent

employee assignee or sub contractor The provision shall also apply to the sub-contractor

or assignee as the case may be

6 REPRESENTATIVE OF THE COMPANY

The Company shall be represented by the GMTD who will be in charge of the work

The Company representative in works site shall be the designated officials or such other

representative as the GMTD MEHSANA may from time to time designate in writing

Notice given in writing by the designated official or GMTD shall be deemed to be

notices given by the Company to the contractor The designated official and such other

representative as GMTD may designate in writing shall be deemed to be authorized

officer to represent the Company in respect of the work of any designated section any

decision agreement or instructions in writing by the Company representative as aforesaid

which is within his powers shall be binding on the contractor

13 Signature of the Contractor

7 REPRESENTATIVE OF CONTRACT

The contractor shall furnish to the Company the scheme of his intended organization and

nominated representative to whom the Company representative can make known decisions

authorizations and interpretations The contractor shall within 10 days after the execution

of the contractagreement notify the Company the name(s) and address(s) of the

representative(s) along with the specimen signature Any change in name and address of

any representative notified aforesaid should be promptly intimated in writing to the

Company Notices given in writing to the representative shall be deemed to be notices

given to contractor This representative shall be fully authorized to represent contractor on

matters involving more than one section of work notification in respect of whom shall

likewise be given to the Company and who shall likewise be the contractors representative

in terms aforesaid

8 INTERPRETATION OF THE CONTRACT DOCUMENTS

The GMTD MEHSANA and the contractor shall in so far as possible by mutual

consultation try and decide upon the meaning and intent of the contract documents In case

of disagreement the dispute will be referred to the sole Arbitrator as provided in the

contract Any change in the contract document shall be set forth in writing by the

representative of the parties hereto It shall be the contractorsrsquo responsibility to thoroughly

familiarize all of his supervisory personnel with the contents of all the contract documents

9 CHANGES EXTRA WORK amp QUANTUM OF WORK

91 Change used herein means a substitution for omission of any work or other

requirement within general scope of the work the performance of the compliance with

which is contemplated by the contract documents

92 Extra work as used herein means any works of compliance with any requirement

other than a change which is not expressly or implied contemplated by the contract

documents and which is necessary to be performed for the proper completion of the

contracted work For the purpose of clarification it is declared that any work or operation

which shall be necessarily incidental to the proper performance of any item of work or part

thereof shall be deemed to have been by implication provided for in the relevant item of

work or part thereof and shall not constitute extra work

93 The GMTD MEHSANA may at his absolute discretion make change in the work

provided for in the contract documents including the commencement of the work and may

require the performance of extra work by the contractor

94 The contractor shall not undertake or make any change or do any work under this

contract unless he has received written instructions from the representative of the

Company

95 The contractor shall not be entitled to any compensation in addition to the contract

price for the performance of any work not envisaged under the contract unless prior to the

performance of such work he has received from the designated official in written

authorization for performance such work

96 For Extra work within the scope of this contract the contractor will receive extra

compensation on the basis of a lump sum unit price as may be agreed upon in advance

between the GMTD MEHSANA and the contractor

14 Signature of the Contractor

97 (a) in cases of such of the works where interpolations of the rates are possible such

rates shall be accepted by both the parties

(b) If the altered additional or substituted work includes any work for which no rates are

specified in the contract for the work can be derived from similar class of work in the

contract than such work shall be carried out at the rate determined by the designated

official on the basis of the prevailing market rates where the work was done

(c) If the rates for the altered additional or substituted work cannot be determined in the

manner specified above then the contractor shall within 7 days of the date of receipt of

order to carry out the work inform the Designated official of the rate which it is his

intention to charge for such class of work supported by analysis of the rate or rates

claimed and the designated official shall determine the rates on the basis of prevailing

market price and pay the contractor accordingly However the Designated official by

notice in writing will be at liberty to cancel his order to carry out such class of work and

arrange to carry it out in such manner as he may consider advisable

98 The quantum of work mentioned in the tender is approximate and subject to vary

However for evaluation purpose the quantum as mentioned in the tender will only be taken

into account

910 The quantum of works (Estimated Cost) of the tender is purely tentative and it can

vary as per requirement of BSNL Mehsana and so successful contractor may not

challenge to BSNL Mehsana in respect to the works of this tender

911 The estimated cost or quantum of work may vary on the basis of actual requirement at

the discretion of GMTD Mehsana limited to + 25 without any change in approved rates

terms amp conditions of contract

10 QUALITY OF WORK

The Company shall be the final judge of the quality of the work and the satisfaction of

the standards in respect thereof set forth in the contract documents Laxity or failure to

enforce compliance with the contract documents by the Company and or its

representative shall not manifest a change or intent or waiver the intention being that

notwithstanding the same the contractor shall be and remain responsible for complete and

proper compliance with the contract documents and the specification therein The

GMTD MEHSANA has the right to prohibit the use of men and any tools materials or

equipments which in his opinion do not produce work or performance meet the

requirement of the contract documents

1l PROTECTION OF WORK

The contractor shall be responsible for all materials equipment furnished or supplied by

the company while in the contractors custody

12 NOTIFICATION

The contractor shall give in writing to the proper person or authority with a copy to the

GMTD MEHSANA such notification as may be mandatory or necessary in connection

with the commencement suspension resumption performance and or completion of the

contracted work All notices shall be given sufficiently in advance of the proposed

operation to permit proper correlation of activities and the contractor shall keep all proper

persons or authority involved regularly advised of the progress or operation through out the

performance of the work together with such other information and or supporting figures

15 Signature of the Contractor

and data as may from time to time as directed or required

13 DELAY IN EXECUTION OF WORK

The Company will make every reasonable effort to furnish the materials required to be

furnished by it under the contract and right of user including the permit required to be

furnished by the Company under the contract and made available in due time so as not to

delay execution of the work The Company will however not be liable to the contractor for

any losses or damages costs charges or expenses that the contractor may in any way

sustain suffer due to delay in making the above available However an extension in time

schedule may be admitted on the above reason

14 SHUT DOWN ON ACCOUNT OF WEATHER CONDITIONS

The contractor shall not be entitled to any compensation whatsoever by reason of

suspension of the whole or any part of the work made necessary by the Company or

deemed advisable on account of bad weather conditions or other unavoidable conditions

15 SECURITY DEPOSIT amp EARNEST MONEY DEPOSIT

EMD (Bid Security) is Rs 9458- amp Performance Security Deposit (PBG) is 10 of

Estimated Tender Cost

151 The security deposit or a part thereof or such balance thereof if any as may remain

after deduction there from in respect of any outstanding bills of the contractor to the

Company shall be paid back to the contractor after termination of contract on expiry of

contract period The contractor shall remain liable to the Company in respect of any

shortfall or discharge of liabilities notwithstanding return of security deposit or any part

thereof The security deposit is required to protect the company against the risk of the

tendererrsquos conduct and breach of contract in which case it would be forfeited without

prejudice to any other action that the company may take against the contractor

152 No interest will be payable on the earnest money or the security deposit or amount

payable to the contractor under the contract

153 Tenderer shall furnish as part of his bid a bid security (Earnest Money Deposit) for a

specified amount The Tenderer (Small scale Units) who are registered with National

Small Scale Industries Corporation under Single Point Registration Scheme are exempted

from bid security (Earnest Money Deposit) up to the amount equal to their monetary limit

In case of Tenderer having monetary limit as no limit the exemption will be limited to Rs

5000000- (Rs Fifty lakhs) only as per the existing policy of Company A proof regarding

current registration with NSIC for the Tendered Item will have to be attached along with

the bid

154 The bid security (Earnest Money Deposit) is required to protect the company against

the risk of tenderers conduct which would warrant the EMD forfeiture pursuant to Para

159

155 The bid security (Earnest Money Deposit) shall be in the form of cash or a Demand

DraftBankerrsquo chequePay order from any NationalizedSchedule Bank payable at

MEHSANA in favour of the AO (cash) BSNL Oo GMTD MEHSANA Payment in any

other form is not acceptable Any Small Scale Industry Firm claiming exemption from the

payment of bid security (Earnest Money Deposit) should submit the copy of the current

registration with National Small Industries Corporation (NSIC) for the tendered items No

16 Signature of the Contractor

interest on bid securityEMD payable

156 A Bid not secured in accordance with Para 153 amp 155 shall be rejected by the

company

157 The bid security (Ernest Money Deposit) of the unsuccessful bidder will be discharged

returned as promptly as possible and no claim whatsoever in this respect would be

entertained

158 The successful bidderrsquos bid security (Earnest Money Deposit) will be returned after

the bidderrsquos acceptance of the tender amp performance security deposit

159 The bid security (Earnest Money Deposit) will be forfeited

a) If the Tenderer withdraws his bid during the period of bid validity specified by

the Tenderer on the Bid form Rate sheet Price Bid or

b) In the case of a successful Tenderer if the bidder fails

i) to sign the Agreement contract amp

ii) to furnish Security Deposit

1510 The performance security deposit (PSD) deposited by the successful bidder in the

form of Cash or in PBG will be released after successful completion of contract and no due

pending against him

16 INSPECTIONS AND TESTING

The GMTD MEHSANA or his representative or any of the officers shall have free

access to the work site at all time for inspection The contractor shall render to the

representative of the company all possible assistants and facilities for the purpose

17 ASSESSMENTS PERMITS LICENCES AND OTHER FACILITIES

17l The contractor shall obtain provide at his own cost all assessments permits and

licenses necessary to do its work

172 The contractor shall be responsible for obtaining at his expense such licenses

permitfacilities as are necessary for the contractor to operate and do business in the

republic of India and in the state in which the work is to be performed

173 The contractor will not be entitled to extra compensation for hardship and increase in

cost Some cases may necessitate special method of execution of work and such

contingency shall deemed to have been provided for in the rates

18 PROTECTION OF LIFE AND PROPERTY AND EXISTING FACILITIES

181 The contractor is fully responsible for taking all possible safety precautions during

preparation for and actual performance of the work

182 The contractor shall undertake to indemnify and keep indemnified the Company from

and against all actions cause of actions damages claims and demand whatsoever either in

law or in inquiry and all losses and damages and costs (inclusive between attorney and

client) charges and expenses in connection there with and or incidental thereto The

contractor shall take all responsibility and risk in the execution of the work

183 It shall be the responsibility of the contractor to see that his employees or any other

person does not misbehave with anybody in company

17 Signature of the Contractor

19 INDEMNITIES

191 The contractor shall at all time hold the Company harmless and indemnify from

against all actions suits proceeding work cost damages charge claims and demand of

every nature and description brought or procured against the Company its officer and

employee and forth with upon demand and without pretest or demur to pay to the

Company any and all losses and damages and cost (inclusive between attorney and client)

and all costs incurred in endorsing this or any other indemnities or security which the

Company may now or at any time have related to the work or the contractors obligations

or in protecting or endorsing its right in any suit or other legal proceeding charges and

liabilities resulting from or incidental or in connection with injury disease or disablement

or death of any person (s) including employee of the contractor or damage to the property

resulting from or arising out of or in any way connected with or incidental to the operator

cause by the contractor documents In addition the contractor shall reimburse the Company

or pay to the Company forthwith on demand without protest or demure all costs charges

and expenses and losses and damages otherwise incurred by it in consequence of any

demands and actions which may be brought against the Company arising out of or

incidental or in connection with the operation covered by the contractor

192 The contractor shall at his own cost at the Company request defend any suit or other

proceeding asserting a claim covered by this indemnity but shall not settle compound or

compromise such suit or other finding without first consulting the Company

20 COMPLIANCE WITH LAW AND REGULATIONS

201 During the performance of the work the contractor shall at his own cost and initiative

fully comply with all applicable law of the land and with any and all applicable by-laws

rules regulations and orders and any other provision having in forces of any Company

Company agencies or department municipal board Company or other regulatory or

authorized body of person and shall provide all certificate of compliance therewith as may

be required by such applicable law by-law rules regulation orders or provision The

contractor shall assume full responsibility for the payment of all contributions and pay roll

taxes as to its employee servants or agent engaged in the performance of the work

specified in the contract documents The contractor require any assignee or sub-contractor

to whom any portion of the work to be performed hereunder may be assigned subleased

or sub-contracted to comply with the provision of the clause and in this connection the

contractor agrees as to undertake to save and hold the Company harmless and indemnified

from and against anyall penalty actions suits losses and damages claims and demands

and cost (inclusive between attorney and client) charges and expenses whatsoever arising

out of occasioned indirectly or directly by failure of the contractor or any assignee or

sub-contractor to make full and proper compliance with the said by-laws rules regulation

law and order and provision as aforesaid

202 Subject to the provisions of the contractor labour (Abolition and regulation Act

1970) the contractor shall not commence actual work unless he produces a receipt from

the concerned licensing authority that he has applied for licensees from the prescribed

licensing authority which may be produced within the period of 15 days or commencing

the work

203 Contractor will have to carry out the work under the rules and regulation of Labour

Act

18 Signature of the Contractor

21 OPTIONAL TERMINATION BY COMPANY (OTHER THAN DUE DEFAULT OF

CONTRACTOR)

211 The Company may at any time at its option cancel and terminate this contract by

written notice to the contractor in which event the contractor shall be entitled for payment

for the work done upto the time of such cancellation

212 In the event of the termination of the contract the contractor shall forthwith hand over

possession of the EPBT amp CLIP Concerned to the company or as the company may direct

213 The Company may at its option cancel or omit the execution of one or more items

of work under this contract and any part of such item(s) without any compensation

whatsoever to the contractor

22 TAXES AND DUTIES

Contractor shall pay all rates levies fees royalties taxes and duties except service tax

payable or arising from out of by virtue of or in connection withor incidental to the

contract or any of the parties in terms of the contract documents andor in respect of the

works or operation(s) or any part thereof to be performed by the contractor and the

contractor shall indemnify and keep indemnified the company from and against the same

or any default by the contractor in the payment thereof other taxes imposed by the

Government will be borne by the contractors Service tax will be paid by BSNL provided

that service tax particulars supplied amp claimed in bills

23 BREACH OF CONTRACT

The Designated officialnominated representative may without prejudice to his right

against the contractor in respect of any delay or inferior workmanship or otherwise or to

any claims of damage in respect of any breaches of the contract and without prejudice to

any rights or remedies under any of the provisions of this contract or otherwise and

whether the date for completion has or has not elapsed by notice in writing absolutely

determine the contract in any of the following cases -

(i) If the contractor having been given by the designated official nominated

representative a notice in writing to rectify reconstruct or replace any defective work or

that the work is being performed in any inefficient or otherwise improper or un work

manlike manner shall omit to comply with the requirements of such notice for a period of

fifteen days thereafter or if the contractor shall delay or suspend the execution of the work

so that either in the judgment of the Designated official (which shall be final and binding)

he will be unable to secure completion of the work by the date for completion or he has

already failed to complete the work by that date

(ii) If the contractor being a company shall pass a resolution or the court shall make an

order that the company shall be wound up or if a receiver or a manager on behalf of a

creditor shall be appointed or if circumstances shall arise which entitle the court or creditor

to appoint a receiver or a manager or which entitle the court to make a winding up order

(iii) If the contractor commits breach of any of the terms and conditions of this contract

(iv) If the contractor commits any acts mentioned in clause thereof

24 When the contractor has made himself liable for action under any of the aforesaid

19 Signature of the Contractor

clauses the Designated official on behalf of the company shall have powers -

(a) To determine or rescind or terminate the contract as aforesaid (of which termination

or rescission notice in writing to the contractor under the hand of the Designated

officialnominated representative shall be conclusive evidence) Upon such determination

or rescission the Security deposit of the contractor shall be liable to be forfeited and shall

be absolutely at the disposal of Company Notice for period of 15days will be received

from the date of issue of notice

(b) To employ other agency paid by the company and to supply materials to carry out the

works or part of the work debiting the contractor with the cost of the work and the price of

the materials (of the amount of which cost and price certified by the Designated official

shall be final and conclusive against the contractor) and crediting him with the value of the

work done in all respects in the same manner and the rates as if it had been carried out by

the contractor under the terms of the contract The certificate of the GMTD-MEHSANA as

to the value of the work done shall be final and conclusive against the contractor provided

always that action under the sub-clause shall only be taken after giving notice in writing to

the contractor Provided also that if the expenses incurred by the company are less than the

amount payable to the contractor at his agreement rates the difference should not be paid

to the contractor

(c) After giving notice to the contractor to measure up the work of the contractor and to

take such part thereof as shall be unexecuted out of his hands and to give it to another

contractor to complete in which case any expenses which may be incurred in excess of the

sum which would have been paid to the original contractor if the whole work has been

executed by him (of the amount of which excess the certificate in writing of the Designated

official shall be final and conclusive) shall be borne and paid by the original contractor and

may be deducted from any money due to him by company under this con tract or on any

other account whatsoever or from his security deposit or the proceeds of sales thereof or a

sufficient part thereof as the case may be

25 In the event of any one or more of the above courses being adopted by Designated

official the contractor shall have no claim to compensation for any loss sustained by him

by reason of his having purely leased or procured any materials or equipment or entered

into any agreement or made any advances account or with a view to the execution or the

work or the performance of the contract and in case action is taken under any of the

provisions aforesaid the contractor shall not be entitled to recover or be paid any sum for

any work thereto or actually performed under this contract unless and until Designated

official has certified in writing the performance of such work and the value payable in

respect thereof and he shall only be entitled to be paid the value so certified

26 In any case in which any of the powers conferred upon the Designated official by

clause 24 thereof shall have become exercisable and the same shall not be exercised the

non exercise thereof shall not constitute a waiver of any of the conditions hereof and such

powers shall notwithstanding be exercisable in the event of any future case of default by

the contractor and the liability of the contractor for compensation shall remain unaffected

In the event of the Designated official putting in force all or any of the powers vested in

him under the proceeding clause he may if he so desires after giving a notice in writing to

the contractor take possession of (or at the sole discretion of the Designated official which

shall be final) use as on hire (the amount of the hire money being also in the final

determination of the Designated official) all or any tools materials and stores in or upon

the works or the materials belonging to the contractor or procured by the contractor and

20 Signature of the Contractor

intended to be used for the execution of the contract or any part thereof paying or

allowing for the same amount at the contract rates or in the case of these not being

applicable at current market rates to be certified by the Designated official whose

certificate thereof shall be final otherwise the Designated official by notice in writing may

order the contractor or his clerk of the works foremen or other authorized agent to remove

such tools plants materials stores from the premises (within and time to be specified to

comply with any such requisition the Designated official may remove them all at

contractors expense or sell them by auction or private sale on account of the contractor and

it his risk in all respects and the certificate of the Designated official as to the expense of

any such removal and the amount of the proceeds and expenses of any such sale shall be

final and conclusive against the contractor

27 If the contractor shall desire an extension of time for completion of the work on the

grounds of his having been unavoidably hindered in its execution or on any other ground

he shall apply in writing to the Designated official within seven days of the date of

hindrance on account of which he desired such extension as aforesaid and the Designated

official shall if in his opinion (which shall be final) reasonable grounds be shown

therefore authorize such extension of time if any as may in his opinion be necessary or

proper

28 If at any time after the commencement of the work the company for any reason

whatsoever not require the whole thereof as specified in the tender to be carried out the

Designated official shall give notice in writing of the fact to the contractor who shall have

no claim to any payment of compensation whatsoever on account of any profit or

advantage which he might have derived from the execution of the work in full but which

he did not derive in consequence of the full amount of the work not having been carried

out neither shall he have any claim for compensation by reason of any alterations having

been made in the original specifications drawings designs and instructions which shall

involve any curtailment of the work as originally contemplated

29 INSPECTION

All work under or in course of execution or executed in pursuance of the contract shall at

all times be open to the inspection and supervision of the Designated official and his

authorized subordinates and the contractor shall at all times during the usual working hours

and at all other times at which reasonable notice of the intention of the Designated official

or his subordinate visit the works shall have been given to the contractor either himself be

present to receive order and instructions or have a responsible agent duly a credited in

writing present for that purpose Orders given to the contractors agent shall be considered

to have the same force as if they had been given to the contractor himself

30 WORKMENS COMPENSATION

In every case in which by virtue of the provisions of section 12 sub-section

(i) of the workmenrsquos compensation Act 1923 Company is obliged to pay compensation to

a workman employed by the contractor in execution of the works Company will recover

from the contractor the amount of the compensation so paid and without prejudice to the

rights of the Company under section 12 Sub section

(ii) of the said Act Company shall be at liberty to recover such amount or any part thereof

by deducting it from the security deposit or from any sum due by the company to the

contractor whether under this contract or otherwise Company shall not be bound to contest

21 Signature of the Contractor

any claim made against it under section-12 subsection (i) of the said Act except on the

written request of the contractor and upon his giving to company full security for all costs

for which Company might become liable in consequence of contesting such claim

31 LABOUR WELFARE

311 In every case in which by virtue of the provisions of the contract Labour (Regulation

and Abolition) Act 1970 and of the contract labour (Regulation and abolition) Central

Rules 1971 Company is liable to pay any amounts of wages to a workman employed by

the contractor in execution of the works or to incur any expenditure in providing welfare

and health amenities required to be provided under the above said Act and the Rules under

clause 19 to 19 J and 20 of PWD-8 or under the CPWD Contractors Labour

Regulations or under the Rules framed by Government from time to time for the

protection of health and sanitary arrangements for workers employed by CPWD

contractors company will recover from the contractor the amount of wages so paid or the

amount of expenditure so incurred and without prejudice to the right of the Government

under section 20 sub-section (ii) and section 21 sub-section (4) of the contractor Labour

(Regulation and Abolition) Act 1970 company shall be at liberty to recover such amount or

any part thereof by deducting it from the security deposit or from any sum due by the

company to the contractor whether under this agreement or otherwise company shall not

be bound to contest any claim made against it under section 20 except on the written

request of the contractor and upon his giving to the company full security for all costs for

which Government might become liable in contesting such claim

312 The contractor shall obtain a valid licence (If required depending upon the number of

persons engaged and the nature of the work intended) under the contract Labour (RampA)

Act 1970 and the contract labour (R amp A) Central Rules 1971 before the commencement

of the work and continue to have a valid license until the completion of the work

313 Any failure to fulfill this requirement shall attract the penal provisions of this

contract arising out of the resultant non-execution of the work

314 No person below the age of (18) eighteen years shall be employed on the work

32 FAIR WAGES

(a) The contractor shall pay to persons employed by him either directly or through sub-

contractor wages not less than fair wages as defined in the CPWD Contractors Labour

(Regulations and Abolition) Act 1970 and the contract labour (Regulation and Abolition)

Central Rules 1971 wherever applicable

(b) The contractor shall notwithstanding the previsions of any contract to the contrary

cause to be paid fair wages to persons indirectly engaged on the work including any

labour engaged by his sub contractor in connection with the said work as if the labour had

been immediately employed by him

(c) The General Manager Telecom District MEHSANA or his subordinate officer

concerned shall have the right to deduct from the money due to the contractor any sum

required or estimated to be required for making good the loss suffered by a worker or

workers by reasons of non-fulfillment of the conditions of the contract for the benefit of

the workers non payment of wages or of deduction made from his or their wages are not

justified by their terms of the contract or non-observance of the Regulations

22 Signature of the Contractor

(d) The contractor shall comply with the provisions of the payment of wages Act 1936

Minimum wages Act 1948 Employees Liability Act 1938 Workmenrsquos compensation Act

1923 Industrial Disputes Act 1947 Maternity Benefits Act 1961 and the contractorrsquos

Labour (regulation and abolition) Act 1970 or the modifications there of or any other laws

relating thereto and the rules made there under from time to time

(e) The contractor shall indemnify Government against payments to be made under and

for the observance of the laws aforesaid without prejudice to his right to claim indemnity

from his sub-contractors

(f) The regulations aforesaid shall be deemed to be a part of this contract and any breach

thereof shall be deemed to be a breach of this contract

33 OTHER LABOUR WELFARE MEASURES

The contractor shall comply with all the provision of the Minimum wages Act 1948

Contractor Labour (R amp A) Act 1970 and rules framed and other labour laws affecting

contract labour that may be brought into force from time to time

34 The contract shall not assign or sublet without the written approval of the GMTD

MEHSANA or his nominated representative and if the contractor shall assign or sublet his

contract or attempt so to do or become insolvent or commence any insolvency proceeding

or make any composition with his creditors or attempt so to do or if any bribe gratuity

gift loan perquisite reward or advantage pecuniary or otherwise shall either directly or

indirectly be given promised or offered by the contractor or any of his servants or agent to

any public officer or person in the employ of Government in any way relating of his office

or employment or if any such officer or person shall become in any way directly or

indirectly interested in the contract the Designated official on behalf of the President of

India shall have power to adopt any of the coursed specified in clause 24 as he may deem

best suited in the interest of Government and in the event of any of these course being

adopted the consequences specified in the said clause 24

35 All sums payable by way of compensation under any of these conditions shall be

considered as reasonable compensation to be applied to the use of Government without

reference to the actual loss or damage sustained and whether or not any damage shall have

been sustained

36 PARTNERSHIP FIRMS

Where the contractor is a partnership firm the previous approval in writing of the

Designated officialnominated representative shall be obtained before any change is made

in the constitution of the firm Where the contractor is an individual or a Hindu undivided

family business concern such approval as aforesaid shall like wise be obtained before the

contractor enters into any partnership agreement where under the partnership firm would

have the right to carry out the work hereby undertaken by the contractor If previous

approval as aforesaid is not obtained the contract shall be deemed to have been assigned in

contravention of Clause hereof and the same action may be taken and the same

consequence shall ensure as provided in the said clause

37 All works to be executed under the contact shall be executed under the direction and

subject to the approval in all respected of the Designated official who shall be entitled to

direct at what point or points and in what manner they are to be commenced and from time

to time carried on

23 Signature of the Contractor

38 Whenever any claim against the contractor for the payment of a sum or money arises

out of or under the contract Government shall be entitled to recover such sum by

appropriating in part or whole the security deposit of the contractor and to sell any

Government Promissory Notes etc forming the whole or part of such security In the event

of the security being insufficient or if no security has been taken from the contractor then

the balance or the total sum recoverable as the case may be shall be deducted from any

sum then due or which at any time thereafter may become due to the contractor under this

or any other contract with Government Should this sum be not sufficient to cover the full

amount recoverable the contract shall pay to Government on demand the balance

remaining dues

39 AUDITS AND TECHNICAL EXAMINATION

391 Company shall have the right to cause an audit and technical examination of the

works and the final bills of the contractor including all supporting vouchers abstract etc to

be made after payment of the final bill and if as a result of such audit and technical

examination any sum is found to have been overpaid in respect of any work done by the

contractor under the contract or any work claimed by him to have been done by him under

the contract and found to have amount of over payment and it shall be liable to refund the

amount of over payment and it shall be lawful for Company to recover the same from him

in the manner prescribed or in any other manner legally permissible and if it is found that

the contractor was paid less than what was due to him under the contract in respect of any

work executed by him under it the amount of such under payment shall be duly paid by

Company to the contractor

392 Any sum of money due and payable to the contractor (including Security Deposit

returnable to him) under this contract may be appropriated by the Company and set off

against any claim of the Company for the payment of a sum or money arising out of or

under any other contract made by the contractor with the Company

40 Contractor shall not enter into agreement with any other unit on approved tender of

GMTD MEHSANA without prior approval of the General Manager Telecom District

MEHSANA

41 Without prejudice to any of the rights or remedies under this contract if the contractor

dies the GMTD MEHSANA on behalf of the company shall have the option of

terminating the contract without compensation to the contractor

42 No Engineer of gazetted rank or other gazetted officer employed in Engineering or

administrative duties in an Engineering Department of the Government of India is allowed

to work as contractor for a period of two years of his retirement from Government service

without the prior permission of Government of India This contract is liable to be canceled

if either person who had not obtained the permission of Government of India as aforesaid

before submission of the tender or engagement in the contractors service as the case may

be

43 COMPENSATION FOR DELAY The time allowed for carrying out the work as

mentioned shall be strictly observed by the contractor and shall be deemed to be of the

essence of the contract on the part of the contractor However for special jobs if the

contractor has submitted a time schedule and the same has been accepted by the designated

officialnominated representative of the company the contractor shall comply with the

said time schedule

24 Signature of the Contractor

44 TIME LIMIT amp LIQUIDATED DAMAGE CHARGES

441 It will be at the discretion of the GMTD MEHSANA to revise or modify or extend

the time limits specified for the total work awarded to the contractor or to further specify

the quantum of work to be completed within a specified period provided a written request

has been received from the contractor explaining the reasons for which such extension of

time is asked for and the GMTD MEHSANA in the particular case is convinced and

satisfied that such extension or revision or modification is in the interest of the

Government In such cases payment of liquidated damage as compensation for delay

becomes liable based on such revised or modified or extended time limits and the

conditions under which such extension or modification or revision has been made

Liquidated damage will be charged as per Special Condition clause No2 amp 3 read as

under

1 Delay in collection - Rs5- per instrument per week or part there of for entire lot of

unserviceable instruments collected delayed subject to a maximum Rs20- per instrument

in case timely collection is not done as per 2(b) of special conditions

2 Delay in delivery- Rs2- per week or part there of on the entire lot of instruments

delivered delayed in case of delivery not made timely as per Para 3 of Special conditions

442 The contractor shall have to complete the contractual work within stipulated period

and it is very clearly understood between the parties that the time is made the essence of

contract

45 The Company assumes no responsibility whatever for any oral understandings or

representations made by any its officers or agents or servants prior to the execution of the

contract and all previous negotiations and understandings are hereby canceled

46 STORERSMATERIAL SUPPLIED BY THE GOVERNMENT

All materials supplied to the contractor by the company shall remain the absolute

property of Company and shall not be removed from site of the work except for use in the

work and shall be at all times open to inspection by Designated official

47 In the event of the contractor being adjudged insolvent or going voluntarily into

liquidation or having received order or other order under insolvency Act made against him

or in the case of a company of the passing of any resolution or making of any order for

winding up weather voluntarily or otherwise or in the event of the contractor failing to

comply with any of the conditions herein specified the GMTDMEHSANA shall have

the power to terminate the contract without previous notice

48 ACCEPTANCES AND MEASUREMENT

481 It is important that the work carried out by contractor is approved by the designated

official nominated representative of the company

482 The designated official nominated representative of the Govt and the contractor or

his authorized representative will certify under their signature at the appropriate places that

the work carried out is as per the specification

49 PRICE VARIATION

25 Signature of the Contractor

The Company shall not be responsible for any escalation in prices of labour or materials

machinery equipment etc whatsoever or any increase in any duties levies or taxes in

respect thereof whatsoever and the contractor rates and contractors obligations shall

remain unaffected by such escalation and or increases

50 FORCE MAJEURE

In the event of either party being rendered unable by force majeure to perform this

contract than the obligations of the party effected by such force majeure shall be

suspended for the whole period during which such cause lasts and until normal operation

are resumed and when such cause ends the execution of this contract must be resumed

with all responsible dispatch should the execution of this contract be suspended by force

majeure than a corresponding extension of the completion date shall be automatically

granted The occurrence of a cause of force majeure however shall not relieve the

company and its obligation to make payment to the contractor for the work satisfactorily

executed prior thereto The terms force majeure as employed herein shall mean act of God

war declared or undeclared hostilities enemy actions revolts riots legal lock outs and

eligible strikes tidal waves forest fires major floods explosions earth quakes epidemics

sabotage extra ordinary act and Regulation of central or state Government or Municipality

Bodies Upon the occurrence of such causes and its termination the parties rendered unable

as aforesaid shall notified the other party in writing within 72 hours of the beginning and

ending dates giving full particulars and evidences if required

51 PAYMENTS

The contractor shall prepare the bills claiming shown as labour cost and material cost

separately The contractor shall submit the bills within 30 days after completion of the

work duly certified by the designated officialnominated representative of company

GMTD MEHSANA has full right to disallow the payment of the bills received after 30

days of completion of work

52 The GMTD MEHSANA may however at his discretion allow the contractor to

submit fortnightly bills or at the end of each work

53Income tax at the rate in force at that time would be deducted from his payments of bills

as Tax deducted at source However if any new legislation comes into effect for

deduction of tax at source at any other rate deduction will be made at that rate

The GMTD MEHSANA will issue necessary Income tax deduction certificate or the

Accounts Officer detailing the amount so deducted As Tax Deducted at Source at the time

of payment or each bill

54 The Tenderer should submit all requisite documents including EPF related documents

as per clause in tender terms amp conditions and special conditions along with the bill if

applicable

55 PAYMENT PROCEDURE

551 The bills are to be submitted in TRIPLICATE and in the manner and form that may

be prescribed by the GMTD MEHSANA from time to time ldquoAccounts Payeerdquo cheque

for amount passed in the bill will be issued only after the contractor gives a stamped

receipt for the amount unless the bills are pre-receipt Only Accounts Payee Cheques

drawn on the branch of the state bank of India or other bank in which the GMTD or the

26 Signature of the Contractor

Accounts Officer may be having drawing assignment account will make payments The

payments will be made either by the Accounts Officer or by any other official who at any

period of time may be convenient to the company

552 Any liquidated damages due shall also be recoverable from the bills submitted for the

payment by the aforesaid officer

553 The security deposit with the GMTD Shall be considered for adjustment against

liquidated damages only at the time of final conclusion of the contract and final settlement

of account

554 The GMTD MEHSANA will have e the right to recover liquidated damages for

delay or slow progress of the works from the bills submitted for payment

555 The final settlement of the bills and refund adjustmentappropriation of any amount

detained from the running bill of the contractor shall be made fully after the GMTD is

satisfied that all the contractual obligation have been fully met and no amount remain due

for recovery from the contractor on any count Unless there are specific reasons all

accounts are expected to be settled within a period of six months from the date of

completion of the works in all respects

56 FINAL ACCEPTANCE

If any of the work is found to be unsatisfactory by the designated officialnominated

representative of the govt the contractor shall be intimated in writing of the corrections

repairing to be carried out The contractor shall be required to correct all defects that

remain evident at any time prior to final acceptance of the contractors works by the

GMTD MEHSANA The cost of all such repairs and corrections shall be borne by the

contractor Failure or neglect on the part of the GMTD MEHSANA or his representative

to confirm or reject inferior work notwithstanding final acceptance of the work or any part

thereof by the company THE GMTD MEHSANA Designated official or his

representative shall not be construed to imply the acceptance of such work The provision

of this clause shall not in any way affect or limit the contractors liability under the

undertaking and guarantee contained in the contract documents

57 DISPUTES AND ARBITRATION

All dispute arising between the contractor and GMTD MEHSANA out of this contract

shall be referred to the sole arbitration in the following manners -

a) In case parties are unable to reach a settlement by themselves the dispute should be

submitted for arbitration in accordance with contract agreement

b) There should not be a joint submission with the contractor to the sole arbitrator

c) Each party should submit its own claimed severely and may oppose the claim put

forward by the other party

d) The onus of establishing his claims will be left to the contractor

e) His claim will be firmly resisted by utilizing all the evidence available with the

company

27 Signature of the Contractor

f) Once a claim has been included in the submission by the contractor a retraction or

modification thereof will be opposed

g) The Point of Defense will be based on actual condition of the contract

h) The question whether these conditions are equitable shall not receive any consideration

in the preparation of Points of Defense

i) The arbitrator shall not entertain claims in the nature of ex-gratia payments as these

are not contractual

j) If the contractor including such claims in his submission the fact that they are not

contractual will be prominently placed before the arbitrator

k) In case the amount involved is heavy the sole arbitrator may be within his rights to

conduct the defense by the government pleader

The award of the sole arbitrator shall be final and binding on the parties to the dispute It

is further agreed that reference to the sole arbitration of officer appointed as arbitrator is

conditions precedent and none will be entitled to move the court without referring the

matter to sole arbitrator

58 Contractor should produce latest Income Tax CertificateSales Tax registration

certificate

59GMTD Mehsana reserves the rights to terminate RRC for breach of

conditionconditions of the agreement after giving a show cause notice of 14 days and after

examining reply if any filed by him pursuance to show cause notice

60 GMTD Mehsana reserves the rights to engaged one or more contractors for this work

61 Rates to be quoted in ANNEXURE ndash III Financial Bid in separate sealed cover and

declaration to be given in ANNEXURE-II-A amp ANNEXURE ndash II B duly signed by all

partnersdirectors of the companyfirm

28 Signature of the Contractor

SECTION ndash V

SPCECIAL CONDITIONS

Work Orders shall be issued by concerned SDE approved by DE

1 Scope of the work Repairing of faulty electronic CLIP push button telephone

instruments buttons key including plan instrument It shall cover all instruments

including those having PCB Display of CLI and burnt out due to their connections

to powers inadvertently but excluding PBT with bakelite portion broken

discolored

2 Collection of faulty instruments

A For lifting of faulty instruments the minimum lot size will be of 20 units

the SDEexchange in charge will intimate the quantity of faulty instruments

accumulated with him over telephone or by FAX to the contractor

B The contractor shall ensure the collection of the faulty instruments within

three working days of the date at giving work order or intimation over telephone or

by FAX on working days between 10 AM to 17 PM at his cost

C The contractor shall acknowledge the receipt of the faulty instruments made

over to him

3 Duration of repair

A The contractor shall repair the faulty instruments at his own work-shop and

return the same to SDEexchange in-charge concerned at his own cost within one

week of its collection (for calculating one week the day of collection and day of

handing over will be inclusive)

B After carrying out repairs of the faulty instruments the contractor shall

offer the instruments to SDEExchange in-charge or JTO nominated by him for

inspection and testing one day before the expiry of schedule delivery date The

decision of the inspecting officer as to accept the repaired instruments will be final

and binding on contractor

C The contractor shall pack each repaired instrument suitably in a

polythene bag after polishingbuffing while returning them to SDE

D The contractor shall paste stiker with date of repairing on back side of

each repaired instrument while returning them to SDE

E The repaired instruments shall be returned back to the same SDEExchange

in-charge unless specified otherwise from where these instruments were collected

for repairs

4 Warranty repair

The contractor will undertake quality repair which will ensure the normal

troubledefect free performance of the instruments for a period of 12 months from

the date of inspection and clearance In case the repaired instruments develops

any defect or any deficiency or fault ie it becomes faulty during the warranty

29 Signature of the Contractor

period the contractor shall rectify repair and remedy such defects deficiency in the

repaired instruments at his own cost and expenses

5 A Method of evaluation

Tenders will be evaluated with reference to the total cost worked out by

multiplying rates quoted by Tenderer with approximate number of EPBT amp

CLIP Instruments as shown in the price bid

B Reports

1 The contractor shall furnish a summary of fault found and namedetails of

the components replaced in the instruments repaired while offering them for

inspection

2 The contractor shall also furnish a quarterly analysis of faulty and repaired

batch wise as per Annexure-I

6 Quality of components

The contractor shall use good quality components for repairs of the instruments

The replaced parts should be purchased by the contractor from DOT approved

source s

7 Liquidated damage

1 Delay in collection Rs 5- per instruments per week or part thereof for

entire lot of unserviceable instruments collected delayed subject to a

maximum of Rs 20- per instruments In case timely collection is not don as

per Para 2(B) above

2 Delay in delivery Rs2 per instrument per week or part thereof on the

entire lot of instruments delivered delayed in case delivery not made timely

as per Para 3 above

8 Quantum of EMD and PSD

EMD as per NIT - to be paid either in cash or in form of DDBankerrsquos

ChequePay Order from NationalizedScheduled Bank in favour of Accounts

Officer (Cash) BSNL Oo GMTD ndash Mehsana payable at Mehsana

Performance Security Deposit 10 of estimated cost of tender payable either in cash or DD or in form of Bank guarantee

from Nationalized BankScheduled Bank for a period of 24 months which will be released or refunded after successful

completion of contract and no due pending against contractor 9 Extension of validity of RRC period Period of RRC will normally

be one year However GMTD Mehsana reserves the right to extend it for a further period of six months or one year or part

there of under the same rates and terms and conditions

Estimated cost for the second year or part there of shall be considered same as approved for first year or part

there of on pro-rata basis

30 Signature of the Contractor

10 Eligibility The bidder should have

Experience of repairing of CLIP or EPBT Instruments in DOTBSNLGovt

PSU Private SectorFirm for one year during last five years as per NIT

11 Documents to be submitted with Technical Bid (Qualifying Bid) to establish

their eligibility for bidding

111 Experience certificate (self attested copy) issued by not below the rank of DEAGM in

DOTBSNLGovtPSUPrivate SectorFirm as required under clause 10 above

112 Self attested Copy of registration of firm (not required for proprietorship)

113 For EPF particulars submit the EPF registration certificate if applicable

(If not applicable submit the clarification as to how not applicable and submit

undertaking on Non judicial stamp paper of Rs 50- regarding submission of it within

one month after the agreement with BSNL Mehsana) If the firms which are under

partnership deed Company Pvt Ltd shall have to submit EPF registration certificate

If not obtain they shall have to obtain the earliest and latest by the time of agreement

They shall have to submit necessary undertaking certificate for this in ANNEXURE-

VI

114 Self attested Copy of Registration particulars with Central Excise for Service Tax If

undertaking is given he shall have to submit within one month before agreement failing

which there will be no agreement (If Service tax is not applicable he shall have to

submit reasons as to how it is not applicable)

115 Partnership deed amp power of attorney who has signed the bid (self attested copy) if

applicable

116 Bio-data of Tenderer in ANNAXURE--IV

117 Declaration to be given in ANNEXURE-II A amp II B

12 Rates to be quoted in ANNEXURE-III In Financial Bid to be submitted separately

in sealed cover

13 GMTD Mehsana reserves the rights to terminate RRC for breach of condition

conditions of the agreement after giving a show cause notice of 14 days and after

examination reply if any filled by him pursuance to show cause notice

14 EPF contribution in respect of LabourEmployees employed by the contractor for

execution of works of BSNL if applicable The contractor will have to

fulfillcompliance of the provisions of EPF amp Misc provisions Act1952 amp Employees

provident fund scheme-1952 by the contractor in respect of LaboursEmployees

engaged by them for performing the work of BSNL while submitting the claim of bills

towards works executed by him if applicable he must accompany the

i List showing the details of LaboursEmployees engaged

ii Duration of their engagement

iii The amount of wages paid to such LaboursEmployees for the duration in question

iv Amount of EPF contribution (both employees amp employers contribution) for the

duration of engagement in question paid to the EPF authorities

31 Signature of the Contractor

v Copies of authenticated documents of payments of such contributions to

EPF authorities and a declaration for compliance of EPF Act 1952

15 The BSNL reserves the right to disqualify such bidders who have a record of not

meeting contractual obligation against earlier contracts entered into with the

BSNL MEHSANA

16 Multiple Vendor System -The BSNL Mehsana intends to limit the number

of technically amp commercially responsive bidders to (Maximum three) from

the list of such bidders arranged in increasing order of their evaluated rate

starting from the lowest for the purpose of award of work against this

tender The distribution of quantum of work among the bidders is as per

clause of Section ndash of tender document

ldquoHowever SSA Head Mehsana reserve the right for the award of contract amp

work of entire tendered quantity to the bidder with the lowest evaluated

ratesrdquo

17 NOTE-

Tender documents containing detailed description of work terms amp conditions can be

had from Asstt General Manager (MM) Oo GMTD Mehsana 2nd Floor Admn

Building Sanchar Bhawan Pilaji Ganj Mehsana-384001 between 10=00 hours to

17=00 hours from 26102016 to 17112016 on all working days

Asstt General Manager (MM) Oo GMTD Mehsana ndash 384001

32 Signature of the Contractor

SECTION ndashVI

1 Specification and Tentative Quantum of work for repairing of EPBT amp

CLIP (approximate)

Sr

No

Name of SDE Unit

[Concern Supervising

Authority]

Quantum of Works for Tender for repairing

of EPBT amp CLIP Instruments [In No]

CLIP Inst EPBT

Inst

Buttons

Key

Plan Inst

1 SDE P MEHSANA 750 900 3 5

2 SDE G MEHSANA 225 250 5 0

3 SDE G CHANASAMA 100 0 5 0

4 SDE G CHHATRAL 350 200 0 0

5 SDEP KADI 50 0 0 0

6 SDEG KADI 50 0 0 0

7 SDEP KALOL 750 450 7 0

8 SDEG KALOL 150 50 0 0

9 SDEP VIJAPUR 60 85 2 0

10 SDEG VIJAPUR 75 95 2 0

11 SDEG MNSGZR 50 80 3 0

12 SDEG KUKARWADA 50 75 2 0

13 SDEP VISNAGAR 350 200 5 0

14 SDEG VISNAGAR 150 75 4 0

15 SDEG VADNAGAR 100 25 4 0

16 SDEG SATLASANA 75 40 3 0

17 SDEG KHERALU 100 50 3 0

18 SDEP UNJHA 500 400 3 0

19 SDEG UNJHA 100 113 2 0

20 SDEP SIDHPUR 450 300 3 0

21 SDEG SIDHPUR 200 200 5 0

22 SDEP PATAN 350 150 5 0

23 SDEG PATAN 100 50 5 0

24 SDEG HRJSAMI 100 50 4 0

Total 5235 3838 75 5

33 Signature of the Contractor

SECTION ndashVII

STANDARD SCHEDULE OF RATE (SOR) FOR REPARING OF EPBT

AND CLIP INSTRUMENT IN MEHSANA TELECOM DISTRICT (MEHSANA SSA)

To

GMTD Mehsana

Sub - Our Financial Bid for repairing of EPBT amp CLIP Instruments in Mehsana SSA

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Sir

Having examined the tender documents terms amp conditions specification of work

stipulated there in IWe the undersigned offer our rates in percentage as under

Brief description of items for

Repairing under ARC

Approx Quantity to be

repaired under ARC

SOR Per Instrument

(a) (b) (c)

(1) Repairing of CLIP Telephones

instruments

5235 No Rs 55-

(2) Repairing of Electronics Push

Button Telephones (EPBT)

3838 No Rs 23-

(3) Repairing of Buttons Key

75 No Rs 26-

(3) Repairing of Plan Instruments

5 No Rs 39-

Note- The Quantity of Clip instrument ( 5500) may be consider which AMC will be expired as per given below -

(1) AMC of 1400 PTPL instrument may be expired on 23092016

(2) AMC of 3100 PTPL instrument may be expired on 21012017

(3) AMC of 1000 PTPL instrument may be expired on 25032017

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

34 Signature of the Contractor

ANNEXURE-I

Fault analysis report of instruments of quarter ending

No of faulty

instruments

with

contractor at

the

beginning of

the period

No of faulty instruments

received by contractor

during the quarter

No of faulty instruments

repaired and returned to

Depot officer

CF No of

faulty

instruments

with

contractor

In warranty Out of

warranty

In warranty Out of

warranty

1

2

Nature of Fault

Type No Of instruments

No

dial

tone

Dial

faulty

No

ring

Poor

speechdisturbance

Dead Display

Fault

No fault

foundMisc

In

warrant

Out of

warranty

Repairing carried out

Type Faults in

TransmitterReceiver Ringer Contract

foil

PCB

Fault

Disply No fault

foundMisc

In

warrant

Out of

warranty

35 Signature of the Contractor

ANNEXURE ndashII

DECLARATION

(TO BE SUBMITTED WITH TECHNICAL BID)

IWe hereby declare that IWe have carefully gone through the Terms amp Conditions of

Tender Notice Invited vide No MMTenderMehsana2016-1706 Dated 26102016 in

detail and agree to the rate submitted by MeUs in the rate sheet and IWe agree in full to

abide by them

1) Signature of the Party ___________________________________

Full Name ___________________________________

(In block letter) ___________________________________

2) Full address ___________________________________

___________________________________

___________________________________

___________________________________

Tele No (O)________________________________

(R)________________________________

3) Capacity in which the __________________________________

Tender is signed

Rubber stamp is required) __________________________________

__________________________________

Date Signature of the Tenderer with seal

36 Signature of the Contractor

ANNEXURE ndash IV

DECLARATION REGARDING EPF TO BE GIVEN ON NON-JUDICIAL STAMPS

PAPER OF RS 100-

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

I helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipProprietor of

Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip do here by declare

that I am the proprietor of my above firm I am carrying out the repairing of

EPBT amp CLIP my self I do not engage labour So EPF is not applicable to

me

However the decision of the competent authority shall be binding to me in

this regard

Name of the Bidder

Signature of the Bidder with Seal

37 Signature of the Contractor

ANNEXURE ndash V

Undertaking to be given for compliance of EPF Registration certificate

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

We the partners Directors of the firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Do here by undertake that if our tender is accepted we will submit the EPF Registration

certification at the earliest latest by one month after the agreement carried out with the

BSNL Mehsana for execution of works for repairing of EPBT amp CLIP Instruments in

Mehsana SSA failing which the decision of the competent authority will be binding on us

To be signed by all Partners directors

38 Signature of the Contractor

ANNEXURE ndash VI

LETTEROF AUTHORISATION FOR ATTENDING BID OPENING

Tender Number MMTenderMehsana2016-1706 Dated 26102016

Subject Authorisation for attending bid opening on___________________(date) the

tender of following persons are hereby authorised to attend the bid opening

for the tender mentioned above on behalf of ______________________

(Bidder) in order of preference given below

Order of Preference Name

Specimen Signatures

I

II

Alternate

Representative

Signatures of

bidder

Or

Officer authorised to sign the bid

Documents on behalf of the bidder

No 1 Maximum of two representatives will be permitted to attend bid opening In

case where it is restricted to one first preference will be allowed Alternate

representative will be permitted when regular representatives are not to able

attending

2 Permission for entry to the hall where bids are opened may be refused in case

authorisation as prescribed above is not recovered

39 Signature of the Contractor

ANNEXURE ndash VII

INTEGRITY PACT

Between

Bharat Sanchar Nigam Limited (BSNL) GMTD-Mehsana hereinafter referred to as ldquoThe

Principalrdquo

And

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphereinafter referred to as ldquoThe BidderContractorrdquo

Preamble

The Principal intends to award under laid down organizational procedures contracts for --

----------------------------------------- The Principal values full compliance with all relevant

laws and regulations and the principles of economic use of resources and of fairness and

transparency in its relations with its Bidders and Contractors

In order to achieve these goals the Principal will appoint an Independent External Monitor

who will monitor the tender process and the execution of the contract for compliance with

the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to

observe the following principles -

(a) No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for

or accept for himherself or third person any material or immaterial benefit which heshe

is not legally entitled to

(b) The Principal will during the tender process treat all Bidder(s) with equity and reason

The Principal will in particular before and during the tender process provide to all

Bidder(s) the same information and will not provide to any Bidder(s)

confidentialadditional information through which the Bidder(s) could obtain an advantage

in relation to the tender process or the contract execution

(c) The Principal will exclude from the process all known prejudiced persons

(2) If the Principal obtains information on the conduct of any of its employees which is a

criminal offence under the relevant Anti-Corruption Laws of India or if there be a

substantive suspicion in this regard the Principal will inform its Vigilance Office and in

addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder(s)Contractor(s)

(1) The Bidder(s)Contractor(s) commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation

in the tender process and during the contract execution

(a) The Bidder(s)Contractor(s) will not directly or through any other person or firm offer

promise or give to any of the Principalrsquos employees involved in the tender process or the

40 Signature of the Contractor

execution of the contract or to any third person any material or immaterial benefit which

heshe is not legally entitled to in order to obtain in exchange any advantage of any kind

whatsoever during the tender process or during the execution of the contract

(b) The Bidder(s)Contractor(s) will not enter with other Bidder(s) 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

(c) The Bidder(s)Contractor(s) will not commit any offence under the relevant Anti-

corruption Laws of India further the Bidder(s)Contractor(s) will not use improperly for

purposes of competition or personal gain or pass on to others any information or

document provided by the Principal as part of the business relationship regarding plans

technical proposals and business details including information contained or transmitted

electronically

(d) The Bidder(s)Contractor(s) will when presenting his bid disclose any and all

payments he has made is committed to or intends to make to agents brokers or any other

intermediaries in connection with the award of the contract

(2) The Bidder(s)Contractor(s) will not instigate third persons to commit offences outlined

above or be an accessory to such offences

Section 3 ndash Disqualification from tender process and exclusion from future contracts

If the Bidder(s)Contractor(s) before contract award or during execution has committed a

transgression through a violation of Section 2 above or in any other form such as to put his

reliability or credibility in question the Principal is entitled to disqualify the

Bidder(s)Contractor(s) from the tender process or take action as per the defined procedure

Section 4 ndash Compensation for Damages

(i) If the Principal has disqualified the Bidder(s) from the tender process prior to the award

according to Section 3 the Principal is entitled to demand and recover the damages

equivalent to Earnest Money Deposit Bid Security

(ii) If the Principal has terminated the contract according to Section 3 or if the Principal is

entitled to terminate the contract according to section 3 the Principal shall be entitled to

demand and recover from the Contractor the amount equivalent to Security Deposit

Performance Bank Guarantee in addition to any other penalties recoveries as per terms

and conditions of the tender

Section 5 ndash Previous transgression

(i) The Bidder declares that no previous transgression occurred in the last 3 years with any

other Company in any country conforming to the Anti-corruption approach or with any

other Public Sector Enterprise in India that could justify his exclusion from the tender

process

(ii) If the Bidder makes incorrect statement on this subject he can be disqualified from the

tender process or action can be taken as per the defined procedure

Section 6 ndash Equal treatment of all BiddersContractorsSubcontractors

41 Signature of the Contractor

(i) The principal will enter into agreements with identical conditions as this one with all

BiddersContractors

(ii) The Bidder(s)Contractor(s) undertake(s) to demand from all subcontractors a

commitment in conformity with this Integrity Pact

(iii) The Principal will disqualify from the tender process all bidders who do not sign this

Pact or violate its provisions

Section 7 ndash Criminal charges against violating

Bidder(s)Contractor(s)Subcontractor(s)

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or

of an employee or a representative or an associate of a Bidder Contractor or

Subcontractor which constitutes corruption or if the Principal has substantive suspicion in

this regard the Principal will inform the Corporate Vigilance Office

Section 8 ndash External Independent MonitorMonitors

1 Principal appoints competent and credible Independent External Monitor for this Pact

The task of the Monitor is to review independently and objectively whether and to what

extent the parties comply with the obligations under this agreement

2 The Monitor is not subject to instructions by the representatives of the parties and

performs his functions neutrally and independently He reports to the CMD of the BSNL

3 The Bidder(s)Contractor(s) accepts that the Monitor has the right to access without

restriction to all Project documentation of the Principal including that provided by the

Contractor The Contractor will also grant the Monitor upon his request and demonstration

of a valid interest unrestricted and unconditional access to his project documentation The

same is applicable to Subcontractors The Monitor is under contractual obligation to treat

the information and documents of the Bidder(s)Contractor(s)Subcontractor(s) with

confidentiality

Notwithstanding anything contained in this Section the Bidder(s)Contractor(s) shall have

no obligation whatsoever to provide any internal costing mechanisms or any internal

financial or commercial data pursuant to any audit or review conducted by or on behalf of

the Principal Further the Bidder(s)Contractor(s) shall not be required to provide any data

relating to its other customers or any personnel or employee related date

4 The Principal will provide to the Monitor 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 Principal and the Contractor The parties offer to the

Monitor the option to participate in such meetings

5 As soon as the Monitor notices or believes to notice a violation of this agreement he

will so inform the Management of the Principal and request the Management to

discontinue or take corrective action or to take other relevant action The monitor can in

this regard submit non-binding recommendations Beyond this the Monitor has no right to

demand from the parties that they act in a specific manner refrain from action or tolerate

action

42 Signature of the Contractor

6 The Monitor will submit a written report to the Chairperson of the Board of the Principal

within 8 to 10 weeks from the date of reference or intimation to him by the lsquoPrincipalrsquo and

should the occasion arise submit proposals for correcting problematic situations

7 If the Monitor has reported to the CMD of the BSNL a substantiated suspicion of an

offence under relevant Anti-Corruption Laws of India and the BSNL has not within

reasonable time taken visible action to proceed against such offence or reported it to the

Corporate Vigilance Office the Monitor may also transmit this information directly to the

Central Vigilance Commissioner Government of India

8 The word lsquoMonitorrsquo would include both singular and plural

Section 9 ndash Pact Duration

This Pact begins when both parties have legally signed it It expires for the Contractor 12

months after the last payment under the contract and for all other Bidders 6 months after

the contract has been awarded

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 dischargeddetermined by

CMD BSNL

Section 10 ndash Other provisions

1 This agreement is subject to Indian Law Place of performance and jurisdiction is the

Registered Office of the Principal ie New Delhi The arbitration clause provided in the

tender document contract shall not be applicable for any issue dispute arising under

Integrity Pact

2 Changes and supplements as well as termination notice need to be made in writing

3 If the Contractor is a partnership or a consortium this agreement must be signed by all

partners or consortium members

4 Should one or several provisions of this agreement turn out to be invalid the remainder

of this agreement remains valid In this case the parties will strive to come to an agreement

to their original intensions

------------------------------------ ----------------------------------

For the Principal For the BidderContractor

Placehelliphelliphelliphelliphelliphelliphelliphellip Witness 1 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphellip Witness 2 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

43 Signature of the Contractor

Anexx-VIII

AGREEMENT

This agreement made on thishelliphelliphellip day of helliphelliphellip Yearhelliphelliphelliphellip Between hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphellipHerein after called ldquo The contractorrdquo (which expression shall unless excluded by or

repugnant to the context include its successors heir executors administrative representative and

assignee) of the one part amp the BSNL (GMTD Mehsana) herein after referred to as the BSNL of

other part Tender No MMTenderMehsana2016-1706 Dated 26102016

Where as the contractor has offered to enter with the said BSNL for the contract for repairing of

EPBT amp CLIP Plan instruments amp Buttons Key in Mehsana SSA Mehsana Telecom District on

the terms and conditions herein contained and the rates approved by the BSNL (copy of rates

annexed) have been dully accepted and whereas the necessary security deposit have been furnished

in accordance with the provision of the tender documents and whereas no interest will be claimed

on the security deposit Now these presents witness and it is hereby agreed and declared by and

between the partiesrsquo presents as follows

(1) The contractor shall during the period of this contract that is to say fromhelliphelliphelliphelliphellipTo

helliphelliphelliphellip or completion of work whichever is earlier or until this contract shall be

determined by such notice as is herein after mentioned safely carried out by means of

Labours employed at his own expense and by means of tools implements of equipments

etc to be supplied by him to his Labours at his own expense all work of repairing of

EPBT amp CLIP instruments as described in tender documents (annexed to the agreement)

when the BSNL or any other person authorized by GMTD Mehsana in that behalf require it

is under stood by the contractor that the quantity of work mentioned in the schedule is

likely to change as per actual requirement as demanded by exigencies of service

(2) The Notice Inviting Tender Bid documents (qualifying and financial) letter of intent

approved rates annexed here to and such other additional particulars instructions

drawings work orders as may be found requisite to be given during execution of work

shall be deemed and taken to be an integral part of the contract and shall be deemed to be

included in the expression ldquoThe agreement) or ldquoThe Contractrdquo wherever herein used

(3) The contractor also supplies the requisite number of workmen with means and materials as

well as tools appliances vehicles for transportation cartage etc required for the proper

execution of work within the prescribed in the work orders

(4) The contractor hereby declares that no body connected with or in the employment of the

BSNL is notshall not ever be admitted as partner in the contract

(5) The contractor shall abide by the terms and conditions rules guide lines constructions

particulars safety precautions etc stipulated in the tender documents including any

correspondence between the contractor and the BSNL having bearing on execution of work

and payments of work to be done under the contract

In witness whereof the partiesrsquo presents have here in to set their representative hands and

seals the day and year in

Signed sealed amp Delivered by

The above named contractor in the presence of

Above written

Witness

(1)

(2) Signed and delivered on behalf of BSNL

Witness

(1)

(2)

44 Signature of the Contractor

ANNEXURE-IX - UNDERTAKING

This deed of undertaking executed on this helliphelliphellip day ofhelliphelliphelliptwo thousand andhelliphellip

by (name of sole proprietorpartnerdirectorauthorized representative the firm

company trust society etc)helliphelliphelliphelliphelliphelliphelliphelliphelliphellipSO helliphelliphelliphelliphelliphelliphelliphellip

residing athelliphelliphelliphelliphelliphelliphelliphelliphelliphellipOn behalf of said helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of the firm company Trust Society etc) having its office athelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

and dully authorized to sign file and verify present undertaking by the said hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of Firm company Society etc) in favour of Bharat Sanchar Nigam Ltd a

Government Of India undertaking having its registered office at Statesman

HouseB-148 Barkhamba Road New Delhi and local office at Administrative

Building Sanchar Bhawan BSNL Pilaji Ganj Mehsana-1 here in after called

BSNL (which terms shall mean and include its successors administrators heirs and

assigns Where as MS BSNL invited bids for repairing of EPBT amp CLIP instruments in Mehsana SSA

IWe participated in the bidding process and emerged as successful bidder with respect to tender No

MMTenderMehsana2016-1706 Dated 26102016

IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Acknowledge that IWe have fully under

stood and aware of the terms amp conditions of the Tendercontract and do hereby unequivocally and

unconditionally undertake and declare that

(1) IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip shall comply with all

the rulesRegulationsLawsGovernment instructionsstatus etc that are

applicable will be made applicable and or are aimed to protect the interest of

the workersemployees engaged by meus in the past and during the course of

performance of the contract with BSNL

(2) IWe shall fully protect indemnity and hold harmless BSNL and its employees

officers Directors agents judgments damages fines penalties and costs

(including legal costs and disbursements) arising from or relating to

Any breach violation of any direction order from any governmental

authority any provisions of the labour laws or any other laws status or

regulations that are or will be aimed to protect the interest of the

workersLabours engaged by the contractors in past and during the

course of this contract

OR

Any other payments claims or liability that may arise for ensuring

compliance of the provisions of any of the labour laws or any other laws

etc OR

Any other claim made by any third party in connection with any violation

of any laws guide lines instructions etc

In witness whereof this undertaking has caused on thehelliphelliphelliphelliphelliphellip

DayhelliphelliphelliphelliphellipMonth ofhelliphelliphellip Year

Date

Place

Signature

Name

Designation

Witness 1 2helliphelliphellip

45 Signature of the Contractor

ANNEXURE-X

E-Tendering Instructions to Bidders

These Special Instructions (for e-Tendering) supplement lsquoGeneral instructions to Biddersrsquo as enclosed in Section IV of this E-Tender Document Wherever there is a conflict the provisions herein shall prevail over those in other pages of this document

Submission of Bids only through online process is mandatory for this Tender

For conducting electronic tendering BSNL Mehsana is using the portal

(httpeprocurementsynisecombsnl1gujarat) of Ms Synise Technologies ltd Pune A - Submission of tender

1 The bidding process will be accepted only through e-tendering platform 2 Availability of e-tendering document e-tender document can be obtained by

downloading it from the website httpeprocurementsynisecombsnl1gujarat the

physical copy of the Tender document would not be available for sale

3 The Tender document shall not be available for download on its submissionclosing date B - General 1 Tender Bidding Methodology

Sealed Bid System ndashldquoSingle Stage using two envelopsrdquo

In this case of two envelope system Financial amp Techno-commercial bids shall be

submitted by the bidder at the same time

2 Broad outline of activities from Bidders prospective

1 Procure a Digital Signing Certificate (DSC)

2 Register on Electronic Tendering System (RETS)

3 Create Users and assign roles on ETS

4 View Notice Inviting Tender (NIT) on ETS

5 Download Official Copy of Tender Documents from ETS

6 Clarification to Tender Documents on ET Query to BSNL (Optional)

View response to queries posted by BSNL as addenda

7 Bid-Submission on ETS

8 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Techno-commercial Part

9 View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond to BSNLrsquos Post-TOE queries

10 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Financial-Part (Only for Technical Responsive Bidders)

For participating in this tender online the following instructions need to be read

carefully These instructions are supplemented with more detailed guidelines on

the relevant screens of the ETS

3 Digital Certificates

For integrity of data and its authenticity non-repudiation of electronic records and be compliant with IT Act 2000 it is necessary for each user to have a Digital Certificate (DC) also referred to as Digital Signature Certificate (DSC) of Class 2 or above issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer httpwwwccagovin]

4 Registration

To use the Electronic Tenderreg portal ( httpeprocurementsynisecombsnl1gujarat) vendor needs to register on the

46 Signature of the Contractor

portal Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e-tendering activities In ETS terminology this person will be referred to as the Super User (SU) of that organization For f u r ther details

p lease v is i t the websiteportal and follow further instructions as given on the site You may also contact tender wizard Helpdesk (as given below) to get your registration acceptedactivated Tender wizard Helpdesk

Telephone 020-30277517 020-30277522020-30277516

[between 1000 hrs to 1800 hrs on working days]

Mobile Nos Mr Hiren Pandar 7774013247 7774013248

E-mail ID helpdesksynisecom [Please mark CC

hirenpsynisecom]

BSNL Contact-1

BSNLrsquos Contact Person AGM MM Mehsana

Telephone Mobile (02762-220855222900)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID agmmmmehbsnlin

BSNL Contact-2

BSNLrsquos Contact Person SDE MM-Mehsana

Telephone Mobile (02762-221855)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID mehsdemm2bsnlin 5 Bid related Information for this Tender (Sealed Bid)

The entire bid-submission would be

online on ETS Broad outline of

submissions are as follows

Submission of digitally signed copy of Tender DocumentsAddendumaddenda

Two Envelopes

Techno-commercial -Part

Financial-Part

Note -

i) If some document is not applicable for the bidder then he has to upload

scanned copy of paper mentioning ldquoThe document ltNamegt called vide

clause helliphelliphelliphelliphelliphelliphellip is not applicable on usrdquo

ii) If document asked for contains more than one page then all those pages may be uploaded in one PDF format file

iii) Please take care to scan documents such that the total size of

documents to be uploaded remains minimum However it shall be sole

responsibility of bidder that the uploaded documents remain eligible

6 Offline Submissions

The bidder is requested to submit the following documents offline to AGM (MM) 2nd Floor Sanchar Bhawan Pilaji Ganj Mehsana-384001 on or before the date amp

time of submission of bids specified in covering letter of this tender

47 Signature of the Contractor

document in a Sealed Envelope The envelope shall bear (name of the tender) the tender number and the words lsquoDO NOT OPEN BEFORErsquo (due date amp time)

1 EMD-Bid Security in Original

2 DD Bankers cheque against payment of tender fee

3 Power of attorney (if applicable) Note The bidder has to upload the Scanned copy of all above said documents during

online Bid submission also

7 Special Note on Security of Bids

Security related functionality has been rigorously implemented in ETS in a multi-dimensional manner Starting with Acceptance of Registration by the Service Provider provision for security has been made at various stages in Electronic Tenderrsquos software Security related aspects as regard Bid Submission are outlined below

As part of the Electronic Encryptertrade functionality the contents of both the lsquoElectronic Formsrsquo and the lsquoMain-Bidrsquo are securely encrypted using a Pass-Phrase created by the Bidder himself Unlike a lsquopasswordrsquo a Pass-Phrase can be a multi-word sentence with spaces between words (eg I love this World) A Pass-Phrase is easier to remember and more difficult to break It is recommended that a separate Pass-Phrase be created for each Bid-Part This method of bid- encryption does not have the security and data-integrity related vulnerabilities which are inherent in E-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid- encryption Bid-encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE) even if there is connivance between the concerned tender- opening officers of the Buyer organization and the personnel of e-tendering service provider

Typically lsquoPass-Phrasersquo of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself when demanded by the concerned Tender Opening Officers who will open the bid Else Tender Opening Officer may authorize the bidder to open his bid himself There is an additional protection with SSL Encryption during transit from the client-end computer of a Supplier organization to the e-tendering server portal

8 Public Online Tender Opening Event (TOE)

ETS offers a unique facility for lsquoPublic Online Tender Opening Event (TOE)rsquo Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices For this purpose representatives of bidders (ie Supplier organization) dully authorized are requested to carry a Laptop and Wireless Connectivity to Internet Every legal requirement for a transparent and secure lsquoPublic Online Tender Opening Event (TOE)rsquo has been implemented on ETS As soon as a Bid is decrypted with the corresponding lsquoPass-Phrasersquo as submitted online by the bidder himself (during the TOE itself) salient points of the Bids are simultaneously made available for downloading by all participating bidders The work of taking notes during a manual lsquoTender Opening Eventrsquo is therefore replaced with this superior and convenient form of lsquoPublic Online Tender Opening Event (TOE)rsquo ETS has a unique facility of lsquoOnline Comparison Chartrsquo which is dynamically updated as each online bid is opened The format of the chart is based on inputs provided by the Buyer for each Tender The information in the Comparison Chart is based on the data submitted by the Bidders in electronic forms A detailed Technical and or Financial Comparison Chart enhances Transparency Detailed instructions are given on relevant screens

48 Signature of the Contractor

ETS has a unique facility of a detailed report titled lsquoMinutes of Online Tender Opening Event (TOE)rsquo covering all important activities of lsquoOnline Tender Opening Event (TOE)rsquo This is available to all participating bidders for lsquoViewing Downloadingrsquo

There are many more facilities and features on ETS For a particular tender the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer

NOTE In case of internet related problem at a bidderrsquos end especially during lsquocritical

eventsrsquo such as ndash a short period before bid-submission deadline during online

public tender opening event etc it is the bidderrsquos responsibility to have backup

internet connections In case there is a problem at the e- procurement

service-providerrsquos end (in the server leased line etc) due to which all the

bidders face a problem during critical events and this is brought to the notice

of BSNL by the bidders in time then BSNL will promptly re-schedule the

affected event(s)

9 Other Instructions

For further instructions the vendor should visit the home-page of the portal

( httpeprocurementsynisecombsnl1gujarat) and go to the User-Guidance Center The help information provided through lsquoETS User-Guidance Centerrsquo is available in three categories ndash

Users intending to Register First-Time Users Logged-in users of Buyer organizations and Logged-in users of Supplier organizations Various links are provided under each of the three categories Note It is strongly recommended that all authorized users of Supplier

organizations should thoroughly peruse the information provided under the

relevant links and take appropriate action This will prevent hiccups and minimize

teething problems during the use of ETS

The following lsquoFOUR KEY INSTRUCTIONS for BIDDERSrsquo must be assiduously adhered to

1 Obtain individual Digital Signing Certificate (DSC or DC) well in advance of

your first tender submission deadline on ETS

2 Register your organization on ETS well in advance of your first tender submission deadline on ETS

3 Get your organizationrsquos concerned executives trained on ETS well in advance of your first tender submission deadline on ETS

4 Submit your bids well in advance of tender submission deadline on ETS as

there could be last minute problems due to internet timeout breakdown etc

While the first three instructions mentioned above are especially relevant to first-time users of ETS the fourth instruction is relevant at all times

10 Minimum Requirements at Bidders end

Computer System with good configuration (Min P IV 1 GB RAM Windows XP)

Broadband connectivity

Microsoft Internet Explorer 60 or above

Digital Certificate(s) for users

49 Signature of the Contractor

ANNEXURE-III

RATE SHEET

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Rate should be quoted in below Rate Sheet

Sr

No

Rates Quoted By Bidder With Respect to SOR (Schedule Of Rate)

Particulars In Figure In Words

1 Above Of SOR

2 Below Of SOR

3 AT PAR

[At Same Rates of SOR]

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

Signature of the Bidder with Seal

Note

1 All faulty instruments are to be repaired except fully broken or fully burnt due to

electric hazards

2 The work may be offered to more than one contractor if required

Signature of the Tenderer with seal

Full Name _____________________

Full Address________________________

  • TABLE OF CONTENTS
    • CERTIFICATE REGARDING NEAR RLATIVES
      • LETTEROF AUTHORISATION FOR ATTENDING BID OPENING
      • Signed sealed amp Delivered by
      • Above written
        • ANNEXURE-IX - UNDERTAKING

6 Signature of the Contractor

SECTION ndash III

(PART ndash I)

Bio-Data of the Bidder

(TO BE SUBMITTED WITH TECHNICAL BID)

1 Name of the Contractor ______________________________________

amp Full address

2 Registration of FirmAgency _____________________________________

Contractor as a Proprietor Or ______________________________________

Partnership Or Ltd Company ______________________________________

3 Service Tax Registration No ______________________________________

(If applicable)

4 PAN No ______________________________________

5 Address of workshop _______________________________________

With Telephone No

6 Registration no with EPF ______________________________________

Authority (If applicable)

Undertaking given in ANNEXURE-V

Bio-data furnished as above by me is true to the best of my knowledge If not found

correct the decision of GMTD Mehsana will be final amp binding to meus

Signature of the Tenderer with seal

7 Signature of the Contractor

SECTION ndash III

(PART ndash II)

CERTIFICATE REGARDING NEAR RLATIVES

1 IWehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipSohelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip resident of helliphelliphelliphelliphellip

hereby certify that none of my near relative(s) as defined in Section IV clause 1u

in the tender document isare employed in BSNL unit as per the details given in

the tender documents In case at any stage it is found that the information given

by me is falseincorrect BSNL shall have absolute right to take any action as

deemed fit without any prior information to me

To be signed by

(A) Signature of Proprietor in case of Proprietorship Firm

(B) Signature of all partners in case of Partnership Firm

a

b

c

d

(C) Signature of all Directors of Company in case of Ltd or Pvt Company

a

b

c helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

d helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(In case of proprietorship firm the certificate will be given by the proprietor

for partnership firm by all partners and in case of limited company by all the

directors of company)

2 The near relatives of all BSNL Employees either directly recruited or on

deputation are prohibited from participation in tenders and execution of

works in the different units of BSNL The detailed guidelines in this

regard are given in the following paragraphs

(i) The near relatives for this purpose are defined as

(a) Members of a Hindu Undivided family

(b) They are husband and wife

(c) The one is related to the other in the manner as father mother

son(s) amp sonrsquos wife (daughter-in-law) Daughter(s) amp daughterrsquos

husband (son-

in-law) brother(s) amp brotherrsquos wife sister(s) amp sisterrsquos husband

(brother-in-law)

8 Signature of the Contractor

(ii) As per BSNL of Indiarsquos CCS Conduct rule 4 no BSNL 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 contract to his official superior

This clause is applicable to all BSNL employees and in view of this as soon as

any BSNL employees 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 EngineerChief ArchtCorporate 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

HeadChief EngineerChief ArchtCorporate office under whom he is posted

(iii) 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

SSACircleChief EngineerChief ArchitectCorporate Office for non executive

employees and all SSA in a circle including circle officeChief Eng Chief Arch

Corporate Office for executive employees (including those called as Gazetted

Officers at present The tenderer should give a certificate that none of hisher

such near relative is working in the units as defined above where he is going to

apply for tenderwork 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

tenderwork will be cancelled and earnest money security deposit will be

forfeited at any stage whenever it is so noticed The BSNL will not pay any

damages to the company or firm or the concerned person The company or

firm or the person will also be debarred for further participation in the

concerned unit

(End of Section III)

9 Signature of the Contractor

Section IV

GENERAL CONDITIONS OF CONTRACT

Bids are invited in two Bid systems Technical Bid (Qualifying) amp Financial Bid (Price

bid)

Method of preparation of Bids

Bids for this tender should be submitted online amp offline in three steps placed as under

these steps should contain the following

Through-

Channel

Bid Envelopes Offline E-tender Online

First-Offline Bid Security (EMD) amp

Tender Fees

DDPay order Bankerrsquos Check for Bid

Security(EMD)amp Tender Fee

Second-Online Tech Bid (Qualifying Bid) Containing documents as per clause 11

of special terms amp conditions

Third-Online Financial Bid (Price bid) Rates quoted by the bidder in

percentage belowabove at par of SOR

The bidder can participate in the E-tender by downloading amp uploads tender from

httpseprocurementsynisecombsnl1gujarat and bidder should submits ldquoTechnical Bidrdquo and

ldquoFinancial Bidrdquo through E-tender site and one envelope the name of Bidder and ldquoTender

fees amp EMD with important documentrdquo may be clearly noted and should be properly

sealed This envelope should bear ldquoTender for Repairing of EPBT amp CLIP instruments in

Mehsana SSArdquo Tender No MM Tender Mehsana 2016-1706 Dated 26102016

DEFINITIONS

The contract means the documents forming the tender and acceptance thereof and the

formal agreement executed between the B S N L and the contractor together with

documents referred to there in including the conditions of contract the specification

designs drawing and instructions issued from time to time by the Official in charge and all

these documents taken together shall be deemed to form one contract and shall be

complementary to one another

1 In the contract the following expressions shall unless where the context otherwise

required have the meaning hereby respectively as signing them

a) The expression (works) or work shall unless there be something either in the subject or

context repugnant to such construction be construed and taken to mean the works by or

by virtue of the contract contracted to be executed whether temporary or permanent

and whether original altered substituted or additional

b) The contractor shall mean the individual or firm or company whether incorporated or

10 Signature of the Contractor

not undertaking the work and shall include the legal personal representative of such

firm or company and the permitted assignees or such individual or the person

composing such firm or company or the successor individual or firm or firms company

c) The designated official nominated representative of the Company means any official

nominated by the GMTD Mehsana to deal with the contractor for making over

material equipment etc to the contractor and to certify the work done by the

contractor

d) The BSNL means the Bharat Sanchar Nigam Limited and his successor

e) GMTD Mehsana

f) The department will mean any office of the BSNL

g) Company means Bharat Sanchar Nigam Limited

h) All reference of -

(i) DepartmentCompany

(ii) General Manager Telecommunications

(iii) Dy General Manager

(iv) Divisional Engineer

(v) Sub Divisional Engineer

(vi) Junior Telecom Officer

(vii) Junior Engineer

(viii) Accounts Officer

(ix) Junior Accounts Officer

In various clauses shall be taken to mean -

i) (i) Bharat Sanchar Nigam Limited a PSU under the Ministry of

Communications Government of India

(ii to ix) The Officers in their respective gradesgroups employed in the company by

whatever designations are assigned to them from time to time and who may be in-charge of

direction execution supervision testing acceptance maintenance of accounts and disposal

of claims from time to time and includes their successors in office Words imparting the

singular number include the plural number and vice-versa

CLAUSES

1 PERIOD OF VALIDITY

Validity of this Bid is 120 days

The rates quoted should be firm and valid for any work that may be issued for period of

11 Signature of the Contractor

one year or up to extended period of contract from the date of issue of final allocation of

the tender or until the completion of the work assigned under each work order whichever is

later

2 LABOUR

a) The contractor shall be responsible for the transportation storage and safe custody of

all EPBT amp CLIP issued to him by the Company The Contractor shall satisfy himself

regularly the quality and quantity of the materials supplied to him and he will be

responsible for any subsequent deterioration and discrepancy (inclusive of theft) in the

quality quantity of the materials

b) The contractor shall submit a proper account every month of all the EPBT amp CLIP

made over to him by the Company and those returned back duly repairs Any

discrepancy or difference between the EPBT amp CLIP issued to the contractor and those

repaired as per the Company s calculation (which shall be final) will be charged to the

contractor or deducted from his bills at cost price including freight handling charges

storage charges etc plus 20 percent departmental charges

c) On completion of the work the contractor shall return to the Company at the latterrsquos

designated store in good condition free of charges any un repaired EPBT amp CLIP that

were supplied by the Company and contractor shall obtain written receipt of goods In

absence of such written receipt it is presumed that goods in question have not been

returned

d) The contractor while taking delivery of EPBT amp CLIP handed over by the Company at

the designated place shall thoroughly inspect all items before taking them over Once

the EPBT amp CLIP are made over to the contractor it shall be his responsibility for safe

custody till taking over of the complete work by the Company Any pilferage damage

etc to the EPBT amp CLIP shall be at the risk and cost of the contractor and charges for

such unaccounted EPBT amp CLIP shall be decided in accordance with (b) above

e) Notwithstanding any thing else herein stated the contractor shall furnish and pay for

all supervision labour tools supplies construction equipment and consumable

materials as may be necessary for the performance of the work and the cost of these

shall be included in the unit repair prices quoted by the Tenderer at the time of

submitting his tender and payable to the contractor

3 GUARANTEE

In addition to any and all other guarantee and warranty mentioned in the contract

documents the contractor guarantees that the entire work will be done in a satisfactory

manner and free from any defect in workmanship and finish and unconformity in all

respect with the specification and direction The contractor also undertakes to repair or

replace as the case may be at his own cost and risk any part of the work which may

damage or that may develop any defects due to bad workmanship or other wise due to the

fault of contractor within a period of agreement

4 METHOD AND MANNER OF PERFORMANCE

The contractor shall be an independent contractor and shall have complete charge of the

men engaged in performance of the work to the performed hereunder and shall perform the

works in accordance with his own methods and at his own risk subject to compliance with

12 Signature of the Contractor

the contract documents The contractor shall throughout the stipulated period of the

contract execute the work in the best contract substantial workmanlike manner and both as

regards manuals and otherwise in respect in strict accordance with the contract documents

or such other additional particulars instruction and drawing as may be found requisite to

be given during execution of the work in force good order among his employees and shall

not employ on the works any unfit person or anyone not capable or not properly qualify to

properly perform the work assigned to him The contractor shall also not employ in respect

of the work or discontinue to employ in respect of the works any employee that the

GMTD MEHSANA SDE may for any reason object to

5 SUB CONTRACTORS

51 The contractor shall not assign subcontract or sublet the whole or any part of the

works covered by the contract or any benefit thereof without the prior written approval of

the GMTD MEHSANA Copies of all agreements entered into with any permitted or sub

contracts including rates for item of work sub-contracted shall be furnished to obtain in

writing prior approval of the GMTD MEHSANA in this behalf before the sub-contract or

the agent or the assignee as the case may be allowed to do work under the contract

52 The GMTD MEHSANA reserves the right to refuse or permit any person or

organization or sub-contractor to particulars in the works covered by the contract The

assignment or sub-contracting or subletting of any such work if permitted by the GMTD

MEHSANA shall not relieve the contractor of any of his liabilities and responsibilities

hereunder the intention being that notwithstanding any assignment or subletting or sub-

contracting the contractor shall be and remain primarily and principally liable to the

Company in terms hereof and for the due fulfillment of the contracted works any assignee

or sub-contractor being regarded merely as the agency of the contractor

53 Each assignee and sub-contractor shall be covered by the contract documents and shall

perform the work which he takes up in accordance with The Company will have the same

privileges and rights with respect to the inspection of work of assignees or sub-contractors

as are provided for under the contract documents governing the work of the contract

54 The contractor shall indemnify and save harmless the Company from and against all

actions suits proceedings loses costs damages charges claims and demands whatsoever

either in law or in enquiry and all costs (inclusive between attorney and client) and charges

and expenses that the Company may sustain suffer or incur arising from or out of or

incidental (to in connection with any act or commission) of the contractor his agent

employee assignee or sub contractor The provision shall also apply to the sub-contractor

or assignee as the case may be

6 REPRESENTATIVE OF THE COMPANY

The Company shall be represented by the GMTD who will be in charge of the work

The Company representative in works site shall be the designated officials or such other

representative as the GMTD MEHSANA may from time to time designate in writing

Notice given in writing by the designated official or GMTD shall be deemed to be

notices given by the Company to the contractor The designated official and such other

representative as GMTD may designate in writing shall be deemed to be authorized

officer to represent the Company in respect of the work of any designated section any

decision agreement or instructions in writing by the Company representative as aforesaid

which is within his powers shall be binding on the contractor

13 Signature of the Contractor

7 REPRESENTATIVE OF CONTRACT

The contractor shall furnish to the Company the scheme of his intended organization and

nominated representative to whom the Company representative can make known decisions

authorizations and interpretations The contractor shall within 10 days after the execution

of the contractagreement notify the Company the name(s) and address(s) of the

representative(s) along with the specimen signature Any change in name and address of

any representative notified aforesaid should be promptly intimated in writing to the

Company Notices given in writing to the representative shall be deemed to be notices

given to contractor This representative shall be fully authorized to represent contractor on

matters involving more than one section of work notification in respect of whom shall

likewise be given to the Company and who shall likewise be the contractors representative

in terms aforesaid

8 INTERPRETATION OF THE CONTRACT DOCUMENTS

The GMTD MEHSANA and the contractor shall in so far as possible by mutual

consultation try and decide upon the meaning and intent of the contract documents In case

of disagreement the dispute will be referred to the sole Arbitrator as provided in the

contract Any change in the contract document shall be set forth in writing by the

representative of the parties hereto It shall be the contractorsrsquo responsibility to thoroughly

familiarize all of his supervisory personnel with the contents of all the contract documents

9 CHANGES EXTRA WORK amp QUANTUM OF WORK

91 Change used herein means a substitution for omission of any work or other

requirement within general scope of the work the performance of the compliance with

which is contemplated by the contract documents

92 Extra work as used herein means any works of compliance with any requirement

other than a change which is not expressly or implied contemplated by the contract

documents and which is necessary to be performed for the proper completion of the

contracted work For the purpose of clarification it is declared that any work or operation

which shall be necessarily incidental to the proper performance of any item of work or part

thereof shall be deemed to have been by implication provided for in the relevant item of

work or part thereof and shall not constitute extra work

93 The GMTD MEHSANA may at his absolute discretion make change in the work

provided for in the contract documents including the commencement of the work and may

require the performance of extra work by the contractor

94 The contractor shall not undertake or make any change or do any work under this

contract unless he has received written instructions from the representative of the

Company

95 The contractor shall not be entitled to any compensation in addition to the contract

price for the performance of any work not envisaged under the contract unless prior to the

performance of such work he has received from the designated official in written

authorization for performance such work

96 For Extra work within the scope of this contract the contractor will receive extra

compensation on the basis of a lump sum unit price as may be agreed upon in advance

between the GMTD MEHSANA and the contractor

14 Signature of the Contractor

97 (a) in cases of such of the works where interpolations of the rates are possible such

rates shall be accepted by both the parties

(b) If the altered additional or substituted work includes any work for which no rates are

specified in the contract for the work can be derived from similar class of work in the

contract than such work shall be carried out at the rate determined by the designated

official on the basis of the prevailing market rates where the work was done

(c) If the rates for the altered additional or substituted work cannot be determined in the

manner specified above then the contractor shall within 7 days of the date of receipt of

order to carry out the work inform the Designated official of the rate which it is his

intention to charge for such class of work supported by analysis of the rate or rates

claimed and the designated official shall determine the rates on the basis of prevailing

market price and pay the contractor accordingly However the Designated official by

notice in writing will be at liberty to cancel his order to carry out such class of work and

arrange to carry it out in such manner as he may consider advisable

98 The quantum of work mentioned in the tender is approximate and subject to vary

However for evaluation purpose the quantum as mentioned in the tender will only be taken

into account

910 The quantum of works (Estimated Cost) of the tender is purely tentative and it can

vary as per requirement of BSNL Mehsana and so successful contractor may not

challenge to BSNL Mehsana in respect to the works of this tender

911 The estimated cost or quantum of work may vary on the basis of actual requirement at

the discretion of GMTD Mehsana limited to + 25 without any change in approved rates

terms amp conditions of contract

10 QUALITY OF WORK

The Company shall be the final judge of the quality of the work and the satisfaction of

the standards in respect thereof set forth in the contract documents Laxity or failure to

enforce compliance with the contract documents by the Company and or its

representative shall not manifest a change or intent or waiver the intention being that

notwithstanding the same the contractor shall be and remain responsible for complete and

proper compliance with the contract documents and the specification therein The

GMTD MEHSANA has the right to prohibit the use of men and any tools materials or

equipments which in his opinion do not produce work or performance meet the

requirement of the contract documents

1l PROTECTION OF WORK

The contractor shall be responsible for all materials equipment furnished or supplied by

the company while in the contractors custody

12 NOTIFICATION

The contractor shall give in writing to the proper person or authority with a copy to the

GMTD MEHSANA such notification as may be mandatory or necessary in connection

with the commencement suspension resumption performance and or completion of the

contracted work All notices shall be given sufficiently in advance of the proposed

operation to permit proper correlation of activities and the contractor shall keep all proper

persons or authority involved regularly advised of the progress or operation through out the

performance of the work together with such other information and or supporting figures

15 Signature of the Contractor

and data as may from time to time as directed or required

13 DELAY IN EXECUTION OF WORK

The Company will make every reasonable effort to furnish the materials required to be

furnished by it under the contract and right of user including the permit required to be

furnished by the Company under the contract and made available in due time so as not to

delay execution of the work The Company will however not be liable to the contractor for

any losses or damages costs charges or expenses that the contractor may in any way

sustain suffer due to delay in making the above available However an extension in time

schedule may be admitted on the above reason

14 SHUT DOWN ON ACCOUNT OF WEATHER CONDITIONS

The contractor shall not be entitled to any compensation whatsoever by reason of

suspension of the whole or any part of the work made necessary by the Company or

deemed advisable on account of bad weather conditions or other unavoidable conditions

15 SECURITY DEPOSIT amp EARNEST MONEY DEPOSIT

EMD (Bid Security) is Rs 9458- amp Performance Security Deposit (PBG) is 10 of

Estimated Tender Cost

151 The security deposit or a part thereof or such balance thereof if any as may remain

after deduction there from in respect of any outstanding bills of the contractor to the

Company shall be paid back to the contractor after termination of contract on expiry of

contract period The contractor shall remain liable to the Company in respect of any

shortfall or discharge of liabilities notwithstanding return of security deposit or any part

thereof The security deposit is required to protect the company against the risk of the

tendererrsquos conduct and breach of contract in which case it would be forfeited without

prejudice to any other action that the company may take against the contractor

152 No interest will be payable on the earnest money or the security deposit or amount

payable to the contractor under the contract

153 Tenderer shall furnish as part of his bid a bid security (Earnest Money Deposit) for a

specified amount The Tenderer (Small scale Units) who are registered with National

Small Scale Industries Corporation under Single Point Registration Scheme are exempted

from bid security (Earnest Money Deposit) up to the amount equal to their monetary limit

In case of Tenderer having monetary limit as no limit the exemption will be limited to Rs

5000000- (Rs Fifty lakhs) only as per the existing policy of Company A proof regarding

current registration with NSIC for the Tendered Item will have to be attached along with

the bid

154 The bid security (Earnest Money Deposit) is required to protect the company against

the risk of tenderers conduct which would warrant the EMD forfeiture pursuant to Para

159

155 The bid security (Earnest Money Deposit) shall be in the form of cash or a Demand

DraftBankerrsquo chequePay order from any NationalizedSchedule Bank payable at

MEHSANA in favour of the AO (cash) BSNL Oo GMTD MEHSANA Payment in any

other form is not acceptable Any Small Scale Industry Firm claiming exemption from the

payment of bid security (Earnest Money Deposit) should submit the copy of the current

registration with National Small Industries Corporation (NSIC) for the tendered items No

16 Signature of the Contractor

interest on bid securityEMD payable

156 A Bid not secured in accordance with Para 153 amp 155 shall be rejected by the

company

157 The bid security (Ernest Money Deposit) of the unsuccessful bidder will be discharged

returned as promptly as possible and no claim whatsoever in this respect would be

entertained

158 The successful bidderrsquos bid security (Earnest Money Deposit) will be returned after

the bidderrsquos acceptance of the tender amp performance security deposit

159 The bid security (Earnest Money Deposit) will be forfeited

a) If the Tenderer withdraws his bid during the period of bid validity specified by

the Tenderer on the Bid form Rate sheet Price Bid or

b) In the case of a successful Tenderer if the bidder fails

i) to sign the Agreement contract amp

ii) to furnish Security Deposit

1510 The performance security deposit (PSD) deposited by the successful bidder in the

form of Cash or in PBG will be released after successful completion of contract and no due

pending against him

16 INSPECTIONS AND TESTING

The GMTD MEHSANA or his representative or any of the officers shall have free

access to the work site at all time for inspection The contractor shall render to the

representative of the company all possible assistants and facilities for the purpose

17 ASSESSMENTS PERMITS LICENCES AND OTHER FACILITIES

17l The contractor shall obtain provide at his own cost all assessments permits and

licenses necessary to do its work

172 The contractor shall be responsible for obtaining at his expense such licenses

permitfacilities as are necessary for the contractor to operate and do business in the

republic of India and in the state in which the work is to be performed

173 The contractor will not be entitled to extra compensation for hardship and increase in

cost Some cases may necessitate special method of execution of work and such

contingency shall deemed to have been provided for in the rates

18 PROTECTION OF LIFE AND PROPERTY AND EXISTING FACILITIES

181 The contractor is fully responsible for taking all possible safety precautions during

preparation for and actual performance of the work

182 The contractor shall undertake to indemnify and keep indemnified the Company from

and against all actions cause of actions damages claims and demand whatsoever either in

law or in inquiry and all losses and damages and costs (inclusive between attorney and

client) charges and expenses in connection there with and or incidental thereto The

contractor shall take all responsibility and risk in the execution of the work

183 It shall be the responsibility of the contractor to see that his employees or any other

person does not misbehave with anybody in company

17 Signature of the Contractor

19 INDEMNITIES

191 The contractor shall at all time hold the Company harmless and indemnify from

against all actions suits proceeding work cost damages charge claims and demand of

every nature and description brought or procured against the Company its officer and

employee and forth with upon demand and without pretest or demur to pay to the

Company any and all losses and damages and cost (inclusive between attorney and client)

and all costs incurred in endorsing this or any other indemnities or security which the

Company may now or at any time have related to the work or the contractors obligations

or in protecting or endorsing its right in any suit or other legal proceeding charges and

liabilities resulting from or incidental or in connection with injury disease or disablement

or death of any person (s) including employee of the contractor or damage to the property

resulting from or arising out of or in any way connected with or incidental to the operator

cause by the contractor documents In addition the contractor shall reimburse the Company

or pay to the Company forthwith on demand without protest or demure all costs charges

and expenses and losses and damages otherwise incurred by it in consequence of any

demands and actions which may be brought against the Company arising out of or

incidental or in connection with the operation covered by the contractor

192 The contractor shall at his own cost at the Company request defend any suit or other

proceeding asserting a claim covered by this indemnity but shall not settle compound or

compromise such suit or other finding without first consulting the Company

20 COMPLIANCE WITH LAW AND REGULATIONS

201 During the performance of the work the contractor shall at his own cost and initiative

fully comply with all applicable law of the land and with any and all applicable by-laws

rules regulations and orders and any other provision having in forces of any Company

Company agencies or department municipal board Company or other regulatory or

authorized body of person and shall provide all certificate of compliance therewith as may

be required by such applicable law by-law rules regulation orders or provision The

contractor shall assume full responsibility for the payment of all contributions and pay roll

taxes as to its employee servants or agent engaged in the performance of the work

specified in the contract documents The contractor require any assignee or sub-contractor

to whom any portion of the work to be performed hereunder may be assigned subleased

or sub-contracted to comply with the provision of the clause and in this connection the

contractor agrees as to undertake to save and hold the Company harmless and indemnified

from and against anyall penalty actions suits losses and damages claims and demands

and cost (inclusive between attorney and client) charges and expenses whatsoever arising

out of occasioned indirectly or directly by failure of the contractor or any assignee or

sub-contractor to make full and proper compliance with the said by-laws rules regulation

law and order and provision as aforesaid

202 Subject to the provisions of the contractor labour (Abolition and regulation Act

1970) the contractor shall not commence actual work unless he produces a receipt from

the concerned licensing authority that he has applied for licensees from the prescribed

licensing authority which may be produced within the period of 15 days or commencing

the work

203 Contractor will have to carry out the work under the rules and regulation of Labour

Act

18 Signature of the Contractor

21 OPTIONAL TERMINATION BY COMPANY (OTHER THAN DUE DEFAULT OF

CONTRACTOR)

211 The Company may at any time at its option cancel and terminate this contract by

written notice to the contractor in which event the contractor shall be entitled for payment

for the work done upto the time of such cancellation

212 In the event of the termination of the contract the contractor shall forthwith hand over

possession of the EPBT amp CLIP Concerned to the company or as the company may direct

213 The Company may at its option cancel or omit the execution of one or more items

of work under this contract and any part of such item(s) without any compensation

whatsoever to the contractor

22 TAXES AND DUTIES

Contractor shall pay all rates levies fees royalties taxes and duties except service tax

payable or arising from out of by virtue of or in connection withor incidental to the

contract or any of the parties in terms of the contract documents andor in respect of the

works or operation(s) or any part thereof to be performed by the contractor and the

contractor shall indemnify and keep indemnified the company from and against the same

or any default by the contractor in the payment thereof other taxes imposed by the

Government will be borne by the contractors Service tax will be paid by BSNL provided

that service tax particulars supplied amp claimed in bills

23 BREACH OF CONTRACT

The Designated officialnominated representative may without prejudice to his right

against the contractor in respect of any delay or inferior workmanship or otherwise or to

any claims of damage in respect of any breaches of the contract and without prejudice to

any rights or remedies under any of the provisions of this contract or otherwise and

whether the date for completion has or has not elapsed by notice in writing absolutely

determine the contract in any of the following cases -

(i) If the contractor having been given by the designated official nominated

representative a notice in writing to rectify reconstruct or replace any defective work or

that the work is being performed in any inefficient or otherwise improper or un work

manlike manner shall omit to comply with the requirements of such notice for a period of

fifteen days thereafter or if the contractor shall delay or suspend the execution of the work

so that either in the judgment of the Designated official (which shall be final and binding)

he will be unable to secure completion of the work by the date for completion or he has

already failed to complete the work by that date

(ii) If the contractor being a company shall pass a resolution or the court shall make an

order that the company shall be wound up or if a receiver or a manager on behalf of a

creditor shall be appointed or if circumstances shall arise which entitle the court or creditor

to appoint a receiver or a manager or which entitle the court to make a winding up order

(iii) If the contractor commits breach of any of the terms and conditions of this contract

(iv) If the contractor commits any acts mentioned in clause thereof

24 When the contractor has made himself liable for action under any of the aforesaid

19 Signature of the Contractor

clauses the Designated official on behalf of the company shall have powers -

(a) To determine or rescind or terminate the contract as aforesaid (of which termination

or rescission notice in writing to the contractor under the hand of the Designated

officialnominated representative shall be conclusive evidence) Upon such determination

or rescission the Security deposit of the contractor shall be liable to be forfeited and shall

be absolutely at the disposal of Company Notice for period of 15days will be received

from the date of issue of notice

(b) To employ other agency paid by the company and to supply materials to carry out the

works or part of the work debiting the contractor with the cost of the work and the price of

the materials (of the amount of which cost and price certified by the Designated official

shall be final and conclusive against the contractor) and crediting him with the value of the

work done in all respects in the same manner and the rates as if it had been carried out by

the contractor under the terms of the contract The certificate of the GMTD-MEHSANA as

to the value of the work done shall be final and conclusive against the contractor provided

always that action under the sub-clause shall only be taken after giving notice in writing to

the contractor Provided also that if the expenses incurred by the company are less than the

amount payable to the contractor at his agreement rates the difference should not be paid

to the contractor

(c) After giving notice to the contractor to measure up the work of the contractor and to

take such part thereof as shall be unexecuted out of his hands and to give it to another

contractor to complete in which case any expenses which may be incurred in excess of the

sum which would have been paid to the original contractor if the whole work has been

executed by him (of the amount of which excess the certificate in writing of the Designated

official shall be final and conclusive) shall be borne and paid by the original contractor and

may be deducted from any money due to him by company under this con tract or on any

other account whatsoever or from his security deposit or the proceeds of sales thereof or a

sufficient part thereof as the case may be

25 In the event of any one or more of the above courses being adopted by Designated

official the contractor shall have no claim to compensation for any loss sustained by him

by reason of his having purely leased or procured any materials or equipment or entered

into any agreement or made any advances account or with a view to the execution or the

work or the performance of the contract and in case action is taken under any of the

provisions aforesaid the contractor shall not be entitled to recover or be paid any sum for

any work thereto or actually performed under this contract unless and until Designated

official has certified in writing the performance of such work and the value payable in

respect thereof and he shall only be entitled to be paid the value so certified

26 In any case in which any of the powers conferred upon the Designated official by

clause 24 thereof shall have become exercisable and the same shall not be exercised the

non exercise thereof shall not constitute a waiver of any of the conditions hereof and such

powers shall notwithstanding be exercisable in the event of any future case of default by

the contractor and the liability of the contractor for compensation shall remain unaffected

In the event of the Designated official putting in force all or any of the powers vested in

him under the proceeding clause he may if he so desires after giving a notice in writing to

the contractor take possession of (or at the sole discretion of the Designated official which

shall be final) use as on hire (the amount of the hire money being also in the final

determination of the Designated official) all or any tools materials and stores in or upon

the works or the materials belonging to the contractor or procured by the contractor and

20 Signature of the Contractor

intended to be used for the execution of the contract or any part thereof paying or

allowing for the same amount at the contract rates or in the case of these not being

applicable at current market rates to be certified by the Designated official whose

certificate thereof shall be final otherwise the Designated official by notice in writing may

order the contractor or his clerk of the works foremen or other authorized agent to remove

such tools plants materials stores from the premises (within and time to be specified to

comply with any such requisition the Designated official may remove them all at

contractors expense or sell them by auction or private sale on account of the contractor and

it his risk in all respects and the certificate of the Designated official as to the expense of

any such removal and the amount of the proceeds and expenses of any such sale shall be

final and conclusive against the contractor

27 If the contractor shall desire an extension of time for completion of the work on the

grounds of his having been unavoidably hindered in its execution or on any other ground

he shall apply in writing to the Designated official within seven days of the date of

hindrance on account of which he desired such extension as aforesaid and the Designated

official shall if in his opinion (which shall be final) reasonable grounds be shown

therefore authorize such extension of time if any as may in his opinion be necessary or

proper

28 If at any time after the commencement of the work the company for any reason

whatsoever not require the whole thereof as specified in the tender to be carried out the

Designated official shall give notice in writing of the fact to the contractor who shall have

no claim to any payment of compensation whatsoever on account of any profit or

advantage which he might have derived from the execution of the work in full but which

he did not derive in consequence of the full amount of the work not having been carried

out neither shall he have any claim for compensation by reason of any alterations having

been made in the original specifications drawings designs and instructions which shall

involve any curtailment of the work as originally contemplated

29 INSPECTION

All work under or in course of execution or executed in pursuance of the contract shall at

all times be open to the inspection and supervision of the Designated official and his

authorized subordinates and the contractor shall at all times during the usual working hours

and at all other times at which reasonable notice of the intention of the Designated official

or his subordinate visit the works shall have been given to the contractor either himself be

present to receive order and instructions or have a responsible agent duly a credited in

writing present for that purpose Orders given to the contractors agent shall be considered

to have the same force as if they had been given to the contractor himself

30 WORKMENS COMPENSATION

In every case in which by virtue of the provisions of section 12 sub-section

(i) of the workmenrsquos compensation Act 1923 Company is obliged to pay compensation to

a workman employed by the contractor in execution of the works Company will recover

from the contractor the amount of the compensation so paid and without prejudice to the

rights of the Company under section 12 Sub section

(ii) of the said Act Company shall be at liberty to recover such amount or any part thereof

by deducting it from the security deposit or from any sum due by the company to the

contractor whether under this contract or otherwise Company shall not be bound to contest

21 Signature of the Contractor

any claim made against it under section-12 subsection (i) of the said Act except on the

written request of the contractor and upon his giving to company full security for all costs

for which Company might become liable in consequence of contesting such claim

31 LABOUR WELFARE

311 In every case in which by virtue of the provisions of the contract Labour (Regulation

and Abolition) Act 1970 and of the contract labour (Regulation and abolition) Central

Rules 1971 Company is liable to pay any amounts of wages to a workman employed by

the contractor in execution of the works or to incur any expenditure in providing welfare

and health amenities required to be provided under the above said Act and the Rules under

clause 19 to 19 J and 20 of PWD-8 or under the CPWD Contractors Labour

Regulations or under the Rules framed by Government from time to time for the

protection of health and sanitary arrangements for workers employed by CPWD

contractors company will recover from the contractor the amount of wages so paid or the

amount of expenditure so incurred and without prejudice to the right of the Government

under section 20 sub-section (ii) and section 21 sub-section (4) of the contractor Labour

(Regulation and Abolition) Act 1970 company shall be at liberty to recover such amount or

any part thereof by deducting it from the security deposit or from any sum due by the

company to the contractor whether under this agreement or otherwise company shall not

be bound to contest any claim made against it under section 20 except on the written

request of the contractor and upon his giving to the company full security for all costs for

which Government might become liable in contesting such claim

312 The contractor shall obtain a valid licence (If required depending upon the number of

persons engaged and the nature of the work intended) under the contract Labour (RampA)

Act 1970 and the contract labour (R amp A) Central Rules 1971 before the commencement

of the work and continue to have a valid license until the completion of the work

313 Any failure to fulfill this requirement shall attract the penal provisions of this

contract arising out of the resultant non-execution of the work

314 No person below the age of (18) eighteen years shall be employed on the work

32 FAIR WAGES

(a) The contractor shall pay to persons employed by him either directly or through sub-

contractor wages not less than fair wages as defined in the CPWD Contractors Labour

(Regulations and Abolition) Act 1970 and the contract labour (Regulation and Abolition)

Central Rules 1971 wherever applicable

(b) The contractor shall notwithstanding the previsions of any contract to the contrary

cause to be paid fair wages to persons indirectly engaged on the work including any

labour engaged by his sub contractor in connection with the said work as if the labour had

been immediately employed by him

(c) The General Manager Telecom District MEHSANA or his subordinate officer

concerned shall have the right to deduct from the money due to the contractor any sum

required or estimated to be required for making good the loss suffered by a worker or

workers by reasons of non-fulfillment of the conditions of the contract for the benefit of

the workers non payment of wages or of deduction made from his or their wages are not

justified by their terms of the contract or non-observance of the Regulations

22 Signature of the Contractor

(d) The contractor shall comply with the provisions of the payment of wages Act 1936

Minimum wages Act 1948 Employees Liability Act 1938 Workmenrsquos compensation Act

1923 Industrial Disputes Act 1947 Maternity Benefits Act 1961 and the contractorrsquos

Labour (regulation and abolition) Act 1970 or the modifications there of or any other laws

relating thereto and the rules made there under from time to time

(e) The contractor shall indemnify Government against payments to be made under and

for the observance of the laws aforesaid without prejudice to his right to claim indemnity

from his sub-contractors

(f) The regulations aforesaid shall be deemed to be a part of this contract and any breach

thereof shall be deemed to be a breach of this contract

33 OTHER LABOUR WELFARE MEASURES

The contractor shall comply with all the provision of the Minimum wages Act 1948

Contractor Labour (R amp A) Act 1970 and rules framed and other labour laws affecting

contract labour that may be brought into force from time to time

34 The contract shall not assign or sublet without the written approval of the GMTD

MEHSANA or his nominated representative and if the contractor shall assign or sublet his

contract or attempt so to do or become insolvent or commence any insolvency proceeding

or make any composition with his creditors or attempt so to do or if any bribe gratuity

gift loan perquisite reward or advantage pecuniary or otherwise shall either directly or

indirectly be given promised or offered by the contractor or any of his servants or agent to

any public officer or person in the employ of Government in any way relating of his office

or employment or if any such officer or person shall become in any way directly or

indirectly interested in the contract the Designated official on behalf of the President of

India shall have power to adopt any of the coursed specified in clause 24 as he may deem

best suited in the interest of Government and in the event of any of these course being

adopted the consequences specified in the said clause 24

35 All sums payable by way of compensation under any of these conditions shall be

considered as reasonable compensation to be applied to the use of Government without

reference to the actual loss or damage sustained and whether or not any damage shall have

been sustained

36 PARTNERSHIP FIRMS

Where the contractor is a partnership firm the previous approval in writing of the

Designated officialnominated representative shall be obtained before any change is made

in the constitution of the firm Where the contractor is an individual or a Hindu undivided

family business concern such approval as aforesaid shall like wise be obtained before the

contractor enters into any partnership agreement where under the partnership firm would

have the right to carry out the work hereby undertaken by the contractor If previous

approval as aforesaid is not obtained the contract shall be deemed to have been assigned in

contravention of Clause hereof and the same action may be taken and the same

consequence shall ensure as provided in the said clause

37 All works to be executed under the contact shall be executed under the direction and

subject to the approval in all respected of the Designated official who shall be entitled to

direct at what point or points and in what manner they are to be commenced and from time

to time carried on

23 Signature of the Contractor

38 Whenever any claim against the contractor for the payment of a sum or money arises

out of or under the contract Government shall be entitled to recover such sum by

appropriating in part or whole the security deposit of the contractor and to sell any

Government Promissory Notes etc forming the whole or part of such security In the event

of the security being insufficient or if no security has been taken from the contractor then

the balance or the total sum recoverable as the case may be shall be deducted from any

sum then due or which at any time thereafter may become due to the contractor under this

or any other contract with Government Should this sum be not sufficient to cover the full

amount recoverable the contract shall pay to Government on demand the balance

remaining dues

39 AUDITS AND TECHNICAL EXAMINATION

391 Company shall have the right to cause an audit and technical examination of the

works and the final bills of the contractor including all supporting vouchers abstract etc to

be made after payment of the final bill and if as a result of such audit and technical

examination any sum is found to have been overpaid in respect of any work done by the

contractor under the contract or any work claimed by him to have been done by him under

the contract and found to have amount of over payment and it shall be liable to refund the

amount of over payment and it shall be lawful for Company to recover the same from him

in the manner prescribed or in any other manner legally permissible and if it is found that

the contractor was paid less than what was due to him under the contract in respect of any

work executed by him under it the amount of such under payment shall be duly paid by

Company to the contractor

392 Any sum of money due and payable to the contractor (including Security Deposit

returnable to him) under this contract may be appropriated by the Company and set off

against any claim of the Company for the payment of a sum or money arising out of or

under any other contract made by the contractor with the Company

40 Contractor shall not enter into agreement with any other unit on approved tender of

GMTD MEHSANA without prior approval of the General Manager Telecom District

MEHSANA

41 Without prejudice to any of the rights or remedies under this contract if the contractor

dies the GMTD MEHSANA on behalf of the company shall have the option of

terminating the contract without compensation to the contractor

42 No Engineer of gazetted rank or other gazetted officer employed in Engineering or

administrative duties in an Engineering Department of the Government of India is allowed

to work as contractor for a period of two years of his retirement from Government service

without the prior permission of Government of India This contract is liable to be canceled

if either person who had not obtained the permission of Government of India as aforesaid

before submission of the tender or engagement in the contractors service as the case may

be

43 COMPENSATION FOR DELAY The time allowed for carrying out the work as

mentioned shall be strictly observed by the contractor and shall be deemed to be of the

essence of the contract on the part of the contractor However for special jobs if the

contractor has submitted a time schedule and the same has been accepted by the designated

officialnominated representative of the company the contractor shall comply with the

said time schedule

24 Signature of the Contractor

44 TIME LIMIT amp LIQUIDATED DAMAGE CHARGES

441 It will be at the discretion of the GMTD MEHSANA to revise or modify or extend

the time limits specified for the total work awarded to the contractor or to further specify

the quantum of work to be completed within a specified period provided a written request

has been received from the contractor explaining the reasons for which such extension of

time is asked for and the GMTD MEHSANA in the particular case is convinced and

satisfied that such extension or revision or modification is in the interest of the

Government In such cases payment of liquidated damage as compensation for delay

becomes liable based on such revised or modified or extended time limits and the

conditions under which such extension or modification or revision has been made

Liquidated damage will be charged as per Special Condition clause No2 amp 3 read as

under

1 Delay in collection - Rs5- per instrument per week or part there of for entire lot of

unserviceable instruments collected delayed subject to a maximum Rs20- per instrument

in case timely collection is not done as per 2(b) of special conditions

2 Delay in delivery- Rs2- per week or part there of on the entire lot of instruments

delivered delayed in case of delivery not made timely as per Para 3 of Special conditions

442 The contractor shall have to complete the contractual work within stipulated period

and it is very clearly understood between the parties that the time is made the essence of

contract

45 The Company assumes no responsibility whatever for any oral understandings or

representations made by any its officers or agents or servants prior to the execution of the

contract and all previous negotiations and understandings are hereby canceled

46 STORERSMATERIAL SUPPLIED BY THE GOVERNMENT

All materials supplied to the contractor by the company shall remain the absolute

property of Company and shall not be removed from site of the work except for use in the

work and shall be at all times open to inspection by Designated official

47 In the event of the contractor being adjudged insolvent or going voluntarily into

liquidation or having received order or other order under insolvency Act made against him

or in the case of a company of the passing of any resolution or making of any order for

winding up weather voluntarily or otherwise or in the event of the contractor failing to

comply with any of the conditions herein specified the GMTDMEHSANA shall have

the power to terminate the contract without previous notice

48 ACCEPTANCES AND MEASUREMENT

481 It is important that the work carried out by contractor is approved by the designated

official nominated representative of the company

482 The designated official nominated representative of the Govt and the contractor or

his authorized representative will certify under their signature at the appropriate places that

the work carried out is as per the specification

49 PRICE VARIATION

25 Signature of the Contractor

The Company shall not be responsible for any escalation in prices of labour or materials

machinery equipment etc whatsoever or any increase in any duties levies or taxes in

respect thereof whatsoever and the contractor rates and contractors obligations shall

remain unaffected by such escalation and or increases

50 FORCE MAJEURE

In the event of either party being rendered unable by force majeure to perform this

contract than the obligations of the party effected by such force majeure shall be

suspended for the whole period during which such cause lasts and until normal operation

are resumed and when such cause ends the execution of this contract must be resumed

with all responsible dispatch should the execution of this contract be suspended by force

majeure than a corresponding extension of the completion date shall be automatically

granted The occurrence of a cause of force majeure however shall not relieve the

company and its obligation to make payment to the contractor for the work satisfactorily

executed prior thereto The terms force majeure as employed herein shall mean act of God

war declared or undeclared hostilities enemy actions revolts riots legal lock outs and

eligible strikes tidal waves forest fires major floods explosions earth quakes epidemics

sabotage extra ordinary act and Regulation of central or state Government or Municipality

Bodies Upon the occurrence of such causes and its termination the parties rendered unable

as aforesaid shall notified the other party in writing within 72 hours of the beginning and

ending dates giving full particulars and evidences if required

51 PAYMENTS

The contractor shall prepare the bills claiming shown as labour cost and material cost

separately The contractor shall submit the bills within 30 days after completion of the

work duly certified by the designated officialnominated representative of company

GMTD MEHSANA has full right to disallow the payment of the bills received after 30

days of completion of work

52 The GMTD MEHSANA may however at his discretion allow the contractor to

submit fortnightly bills or at the end of each work

53Income tax at the rate in force at that time would be deducted from his payments of bills

as Tax deducted at source However if any new legislation comes into effect for

deduction of tax at source at any other rate deduction will be made at that rate

The GMTD MEHSANA will issue necessary Income tax deduction certificate or the

Accounts Officer detailing the amount so deducted As Tax Deducted at Source at the time

of payment or each bill

54 The Tenderer should submit all requisite documents including EPF related documents

as per clause in tender terms amp conditions and special conditions along with the bill if

applicable

55 PAYMENT PROCEDURE

551 The bills are to be submitted in TRIPLICATE and in the manner and form that may

be prescribed by the GMTD MEHSANA from time to time ldquoAccounts Payeerdquo cheque

for amount passed in the bill will be issued only after the contractor gives a stamped

receipt for the amount unless the bills are pre-receipt Only Accounts Payee Cheques

drawn on the branch of the state bank of India or other bank in which the GMTD or the

26 Signature of the Contractor

Accounts Officer may be having drawing assignment account will make payments The

payments will be made either by the Accounts Officer or by any other official who at any

period of time may be convenient to the company

552 Any liquidated damages due shall also be recoverable from the bills submitted for the

payment by the aforesaid officer

553 The security deposit with the GMTD Shall be considered for adjustment against

liquidated damages only at the time of final conclusion of the contract and final settlement

of account

554 The GMTD MEHSANA will have e the right to recover liquidated damages for

delay or slow progress of the works from the bills submitted for payment

555 The final settlement of the bills and refund adjustmentappropriation of any amount

detained from the running bill of the contractor shall be made fully after the GMTD is

satisfied that all the contractual obligation have been fully met and no amount remain due

for recovery from the contractor on any count Unless there are specific reasons all

accounts are expected to be settled within a period of six months from the date of

completion of the works in all respects

56 FINAL ACCEPTANCE

If any of the work is found to be unsatisfactory by the designated officialnominated

representative of the govt the contractor shall be intimated in writing of the corrections

repairing to be carried out The contractor shall be required to correct all defects that

remain evident at any time prior to final acceptance of the contractors works by the

GMTD MEHSANA The cost of all such repairs and corrections shall be borne by the

contractor Failure or neglect on the part of the GMTD MEHSANA or his representative

to confirm or reject inferior work notwithstanding final acceptance of the work or any part

thereof by the company THE GMTD MEHSANA Designated official or his

representative shall not be construed to imply the acceptance of such work The provision

of this clause shall not in any way affect or limit the contractors liability under the

undertaking and guarantee contained in the contract documents

57 DISPUTES AND ARBITRATION

All dispute arising between the contractor and GMTD MEHSANA out of this contract

shall be referred to the sole arbitration in the following manners -

a) In case parties are unable to reach a settlement by themselves the dispute should be

submitted for arbitration in accordance with contract agreement

b) There should not be a joint submission with the contractor to the sole arbitrator

c) Each party should submit its own claimed severely and may oppose the claim put

forward by the other party

d) The onus of establishing his claims will be left to the contractor

e) His claim will be firmly resisted by utilizing all the evidence available with the

company

27 Signature of the Contractor

f) Once a claim has been included in the submission by the contractor a retraction or

modification thereof will be opposed

g) The Point of Defense will be based on actual condition of the contract

h) The question whether these conditions are equitable shall not receive any consideration

in the preparation of Points of Defense

i) The arbitrator shall not entertain claims in the nature of ex-gratia payments as these

are not contractual

j) If the contractor including such claims in his submission the fact that they are not

contractual will be prominently placed before the arbitrator

k) In case the amount involved is heavy the sole arbitrator may be within his rights to

conduct the defense by the government pleader

The award of the sole arbitrator shall be final and binding on the parties to the dispute It

is further agreed that reference to the sole arbitration of officer appointed as arbitrator is

conditions precedent and none will be entitled to move the court without referring the

matter to sole arbitrator

58 Contractor should produce latest Income Tax CertificateSales Tax registration

certificate

59GMTD Mehsana reserves the rights to terminate RRC for breach of

conditionconditions of the agreement after giving a show cause notice of 14 days and after

examining reply if any filed by him pursuance to show cause notice

60 GMTD Mehsana reserves the rights to engaged one or more contractors for this work

61 Rates to be quoted in ANNEXURE ndash III Financial Bid in separate sealed cover and

declaration to be given in ANNEXURE-II-A amp ANNEXURE ndash II B duly signed by all

partnersdirectors of the companyfirm

28 Signature of the Contractor

SECTION ndash V

SPCECIAL CONDITIONS

Work Orders shall be issued by concerned SDE approved by DE

1 Scope of the work Repairing of faulty electronic CLIP push button telephone

instruments buttons key including plan instrument It shall cover all instruments

including those having PCB Display of CLI and burnt out due to their connections

to powers inadvertently but excluding PBT with bakelite portion broken

discolored

2 Collection of faulty instruments

A For lifting of faulty instruments the minimum lot size will be of 20 units

the SDEexchange in charge will intimate the quantity of faulty instruments

accumulated with him over telephone or by FAX to the contractor

B The contractor shall ensure the collection of the faulty instruments within

three working days of the date at giving work order or intimation over telephone or

by FAX on working days between 10 AM to 17 PM at his cost

C The contractor shall acknowledge the receipt of the faulty instruments made

over to him

3 Duration of repair

A The contractor shall repair the faulty instruments at his own work-shop and

return the same to SDEexchange in-charge concerned at his own cost within one

week of its collection (for calculating one week the day of collection and day of

handing over will be inclusive)

B After carrying out repairs of the faulty instruments the contractor shall

offer the instruments to SDEExchange in-charge or JTO nominated by him for

inspection and testing one day before the expiry of schedule delivery date The

decision of the inspecting officer as to accept the repaired instruments will be final

and binding on contractor

C The contractor shall pack each repaired instrument suitably in a

polythene bag after polishingbuffing while returning them to SDE

D The contractor shall paste stiker with date of repairing on back side of

each repaired instrument while returning them to SDE

E The repaired instruments shall be returned back to the same SDEExchange

in-charge unless specified otherwise from where these instruments were collected

for repairs

4 Warranty repair

The contractor will undertake quality repair which will ensure the normal

troubledefect free performance of the instruments for a period of 12 months from

the date of inspection and clearance In case the repaired instruments develops

any defect or any deficiency or fault ie it becomes faulty during the warranty

29 Signature of the Contractor

period the contractor shall rectify repair and remedy such defects deficiency in the

repaired instruments at his own cost and expenses

5 A Method of evaluation

Tenders will be evaluated with reference to the total cost worked out by

multiplying rates quoted by Tenderer with approximate number of EPBT amp

CLIP Instruments as shown in the price bid

B Reports

1 The contractor shall furnish a summary of fault found and namedetails of

the components replaced in the instruments repaired while offering them for

inspection

2 The contractor shall also furnish a quarterly analysis of faulty and repaired

batch wise as per Annexure-I

6 Quality of components

The contractor shall use good quality components for repairs of the instruments

The replaced parts should be purchased by the contractor from DOT approved

source s

7 Liquidated damage

1 Delay in collection Rs 5- per instruments per week or part thereof for

entire lot of unserviceable instruments collected delayed subject to a

maximum of Rs 20- per instruments In case timely collection is not don as

per Para 2(B) above

2 Delay in delivery Rs2 per instrument per week or part thereof on the

entire lot of instruments delivered delayed in case delivery not made timely

as per Para 3 above

8 Quantum of EMD and PSD

EMD as per NIT - to be paid either in cash or in form of DDBankerrsquos

ChequePay Order from NationalizedScheduled Bank in favour of Accounts

Officer (Cash) BSNL Oo GMTD ndash Mehsana payable at Mehsana

Performance Security Deposit 10 of estimated cost of tender payable either in cash or DD or in form of Bank guarantee

from Nationalized BankScheduled Bank for a period of 24 months which will be released or refunded after successful

completion of contract and no due pending against contractor 9 Extension of validity of RRC period Period of RRC will normally

be one year However GMTD Mehsana reserves the right to extend it for a further period of six months or one year or part

there of under the same rates and terms and conditions

Estimated cost for the second year or part there of shall be considered same as approved for first year or part

there of on pro-rata basis

30 Signature of the Contractor

10 Eligibility The bidder should have

Experience of repairing of CLIP or EPBT Instruments in DOTBSNLGovt

PSU Private SectorFirm for one year during last five years as per NIT

11 Documents to be submitted with Technical Bid (Qualifying Bid) to establish

their eligibility for bidding

111 Experience certificate (self attested copy) issued by not below the rank of DEAGM in

DOTBSNLGovtPSUPrivate SectorFirm as required under clause 10 above

112 Self attested Copy of registration of firm (not required for proprietorship)

113 For EPF particulars submit the EPF registration certificate if applicable

(If not applicable submit the clarification as to how not applicable and submit

undertaking on Non judicial stamp paper of Rs 50- regarding submission of it within

one month after the agreement with BSNL Mehsana) If the firms which are under

partnership deed Company Pvt Ltd shall have to submit EPF registration certificate

If not obtain they shall have to obtain the earliest and latest by the time of agreement

They shall have to submit necessary undertaking certificate for this in ANNEXURE-

VI

114 Self attested Copy of Registration particulars with Central Excise for Service Tax If

undertaking is given he shall have to submit within one month before agreement failing

which there will be no agreement (If Service tax is not applicable he shall have to

submit reasons as to how it is not applicable)

115 Partnership deed amp power of attorney who has signed the bid (self attested copy) if

applicable

116 Bio-data of Tenderer in ANNAXURE--IV

117 Declaration to be given in ANNEXURE-II A amp II B

12 Rates to be quoted in ANNEXURE-III In Financial Bid to be submitted separately

in sealed cover

13 GMTD Mehsana reserves the rights to terminate RRC for breach of condition

conditions of the agreement after giving a show cause notice of 14 days and after

examination reply if any filled by him pursuance to show cause notice

14 EPF contribution in respect of LabourEmployees employed by the contractor for

execution of works of BSNL if applicable The contractor will have to

fulfillcompliance of the provisions of EPF amp Misc provisions Act1952 amp Employees

provident fund scheme-1952 by the contractor in respect of LaboursEmployees

engaged by them for performing the work of BSNL while submitting the claim of bills

towards works executed by him if applicable he must accompany the

i List showing the details of LaboursEmployees engaged

ii Duration of their engagement

iii The amount of wages paid to such LaboursEmployees for the duration in question

iv Amount of EPF contribution (both employees amp employers contribution) for the

duration of engagement in question paid to the EPF authorities

31 Signature of the Contractor

v Copies of authenticated documents of payments of such contributions to

EPF authorities and a declaration for compliance of EPF Act 1952

15 The BSNL reserves the right to disqualify such bidders who have a record of not

meeting contractual obligation against earlier contracts entered into with the

BSNL MEHSANA

16 Multiple Vendor System -The BSNL Mehsana intends to limit the number

of technically amp commercially responsive bidders to (Maximum three) from

the list of such bidders arranged in increasing order of their evaluated rate

starting from the lowest for the purpose of award of work against this

tender The distribution of quantum of work among the bidders is as per

clause of Section ndash of tender document

ldquoHowever SSA Head Mehsana reserve the right for the award of contract amp

work of entire tendered quantity to the bidder with the lowest evaluated

ratesrdquo

17 NOTE-

Tender documents containing detailed description of work terms amp conditions can be

had from Asstt General Manager (MM) Oo GMTD Mehsana 2nd Floor Admn

Building Sanchar Bhawan Pilaji Ganj Mehsana-384001 between 10=00 hours to

17=00 hours from 26102016 to 17112016 on all working days

Asstt General Manager (MM) Oo GMTD Mehsana ndash 384001

32 Signature of the Contractor

SECTION ndashVI

1 Specification and Tentative Quantum of work for repairing of EPBT amp

CLIP (approximate)

Sr

No

Name of SDE Unit

[Concern Supervising

Authority]

Quantum of Works for Tender for repairing

of EPBT amp CLIP Instruments [In No]

CLIP Inst EPBT

Inst

Buttons

Key

Plan Inst

1 SDE P MEHSANA 750 900 3 5

2 SDE G MEHSANA 225 250 5 0

3 SDE G CHANASAMA 100 0 5 0

4 SDE G CHHATRAL 350 200 0 0

5 SDEP KADI 50 0 0 0

6 SDEG KADI 50 0 0 0

7 SDEP KALOL 750 450 7 0

8 SDEG KALOL 150 50 0 0

9 SDEP VIJAPUR 60 85 2 0

10 SDEG VIJAPUR 75 95 2 0

11 SDEG MNSGZR 50 80 3 0

12 SDEG KUKARWADA 50 75 2 0

13 SDEP VISNAGAR 350 200 5 0

14 SDEG VISNAGAR 150 75 4 0

15 SDEG VADNAGAR 100 25 4 0

16 SDEG SATLASANA 75 40 3 0

17 SDEG KHERALU 100 50 3 0

18 SDEP UNJHA 500 400 3 0

19 SDEG UNJHA 100 113 2 0

20 SDEP SIDHPUR 450 300 3 0

21 SDEG SIDHPUR 200 200 5 0

22 SDEP PATAN 350 150 5 0

23 SDEG PATAN 100 50 5 0

24 SDEG HRJSAMI 100 50 4 0

Total 5235 3838 75 5

33 Signature of the Contractor

SECTION ndashVII

STANDARD SCHEDULE OF RATE (SOR) FOR REPARING OF EPBT

AND CLIP INSTRUMENT IN MEHSANA TELECOM DISTRICT (MEHSANA SSA)

To

GMTD Mehsana

Sub - Our Financial Bid for repairing of EPBT amp CLIP Instruments in Mehsana SSA

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Sir

Having examined the tender documents terms amp conditions specification of work

stipulated there in IWe the undersigned offer our rates in percentage as under

Brief description of items for

Repairing under ARC

Approx Quantity to be

repaired under ARC

SOR Per Instrument

(a) (b) (c)

(1) Repairing of CLIP Telephones

instruments

5235 No Rs 55-

(2) Repairing of Electronics Push

Button Telephones (EPBT)

3838 No Rs 23-

(3) Repairing of Buttons Key

75 No Rs 26-

(3) Repairing of Plan Instruments

5 No Rs 39-

Note- The Quantity of Clip instrument ( 5500) may be consider which AMC will be expired as per given below -

(1) AMC of 1400 PTPL instrument may be expired on 23092016

(2) AMC of 3100 PTPL instrument may be expired on 21012017

(3) AMC of 1000 PTPL instrument may be expired on 25032017

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

34 Signature of the Contractor

ANNEXURE-I

Fault analysis report of instruments of quarter ending

No of faulty

instruments

with

contractor at

the

beginning of

the period

No of faulty instruments

received by contractor

during the quarter

No of faulty instruments

repaired and returned to

Depot officer

CF No of

faulty

instruments

with

contractor

In warranty Out of

warranty

In warranty Out of

warranty

1

2

Nature of Fault

Type No Of instruments

No

dial

tone

Dial

faulty

No

ring

Poor

speechdisturbance

Dead Display

Fault

No fault

foundMisc

In

warrant

Out of

warranty

Repairing carried out

Type Faults in

TransmitterReceiver Ringer Contract

foil

PCB

Fault

Disply No fault

foundMisc

In

warrant

Out of

warranty

35 Signature of the Contractor

ANNEXURE ndashII

DECLARATION

(TO BE SUBMITTED WITH TECHNICAL BID)

IWe hereby declare that IWe have carefully gone through the Terms amp Conditions of

Tender Notice Invited vide No MMTenderMehsana2016-1706 Dated 26102016 in

detail and agree to the rate submitted by MeUs in the rate sheet and IWe agree in full to

abide by them

1) Signature of the Party ___________________________________

Full Name ___________________________________

(In block letter) ___________________________________

2) Full address ___________________________________

___________________________________

___________________________________

___________________________________

Tele No (O)________________________________

(R)________________________________

3) Capacity in which the __________________________________

Tender is signed

Rubber stamp is required) __________________________________

__________________________________

Date Signature of the Tenderer with seal

36 Signature of the Contractor

ANNEXURE ndash IV

DECLARATION REGARDING EPF TO BE GIVEN ON NON-JUDICIAL STAMPS

PAPER OF RS 100-

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

I helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipProprietor of

Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip do here by declare

that I am the proprietor of my above firm I am carrying out the repairing of

EPBT amp CLIP my self I do not engage labour So EPF is not applicable to

me

However the decision of the competent authority shall be binding to me in

this regard

Name of the Bidder

Signature of the Bidder with Seal

37 Signature of the Contractor

ANNEXURE ndash V

Undertaking to be given for compliance of EPF Registration certificate

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

We the partners Directors of the firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Do here by undertake that if our tender is accepted we will submit the EPF Registration

certification at the earliest latest by one month after the agreement carried out with the

BSNL Mehsana for execution of works for repairing of EPBT amp CLIP Instruments in

Mehsana SSA failing which the decision of the competent authority will be binding on us

To be signed by all Partners directors

38 Signature of the Contractor

ANNEXURE ndash VI

LETTEROF AUTHORISATION FOR ATTENDING BID OPENING

Tender Number MMTenderMehsana2016-1706 Dated 26102016

Subject Authorisation for attending bid opening on___________________(date) the

tender of following persons are hereby authorised to attend the bid opening

for the tender mentioned above on behalf of ______________________

(Bidder) in order of preference given below

Order of Preference Name

Specimen Signatures

I

II

Alternate

Representative

Signatures of

bidder

Or

Officer authorised to sign the bid

Documents on behalf of the bidder

No 1 Maximum of two representatives will be permitted to attend bid opening In

case where it is restricted to one first preference will be allowed Alternate

representative will be permitted when regular representatives are not to able

attending

2 Permission for entry to the hall where bids are opened may be refused in case

authorisation as prescribed above is not recovered

39 Signature of the Contractor

ANNEXURE ndash VII

INTEGRITY PACT

Between

Bharat Sanchar Nigam Limited (BSNL) GMTD-Mehsana hereinafter referred to as ldquoThe

Principalrdquo

And

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphereinafter referred to as ldquoThe BidderContractorrdquo

Preamble

The Principal intends to award under laid down organizational procedures contracts for --

----------------------------------------- The Principal values full compliance with all relevant

laws and regulations and the principles of economic use of resources and of fairness and

transparency in its relations with its Bidders and Contractors

In order to achieve these goals the Principal will appoint an Independent External Monitor

who will monitor the tender process and the execution of the contract for compliance with

the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to

observe the following principles -

(a) No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for

or accept for himherself or third person any material or immaterial benefit which heshe

is not legally entitled to

(b) The Principal will during the tender process treat all Bidder(s) with equity and reason

The Principal will in particular before and during the tender process provide to all

Bidder(s) the same information and will not provide to any Bidder(s)

confidentialadditional information through which the Bidder(s) could obtain an advantage

in relation to the tender process or the contract execution

(c) The Principal will exclude from the process all known prejudiced persons

(2) If the Principal obtains information on the conduct of any of its employees which is a

criminal offence under the relevant Anti-Corruption Laws of India or if there be a

substantive suspicion in this regard the Principal will inform its Vigilance Office and in

addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder(s)Contractor(s)

(1) The Bidder(s)Contractor(s) commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation

in the tender process and during the contract execution

(a) The Bidder(s)Contractor(s) will not directly or through any other person or firm offer

promise or give to any of the Principalrsquos employees involved in the tender process or the

40 Signature of the Contractor

execution of the contract or to any third person any material or immaterial benefit which

heshe is not legally entitled to in order to obtain in exchange any advantage of any kind

whatsoever during the tender process or during the execution of the contract

(b) The Bidder(s)Contractor(s) will not enter with other Bidder(s) 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

(c) The Bidder(s)Contractor(s) will not commit any offence under the relevant Anti-

corruption Laws of India further the Bidder(s)Contractor(s) will not use improperly for

purposes of competition or personal gain or pass on to others any information or

document provided by the Principal as part of the business relationship regarding plans

technical proposals and business details including information contained or transmitted

electronically

(d) The Bidder(s)Contractor(s) will when presenting his bid disclose any and all

payments he has made is committed to or intends to make to agents brokers or any other

intermediaries in connection with the award of the contract

(2) The Bidder(s)Contractor(s) will not instigate third persons to commit offences outlined

above or be an accessory to such offences

Section 3 ndash Disqualification from tender process and exclusion from future contracts

If the Bidder(s)Contractor(s) before contract award or during execution has committed a

transgression through a violation of Section 2 above or in any other form such as to put his

reliability or credibility in question the Principal is entitled to disqualify the

Bidder(s)Contractor(s) from the tender process or take action as per the defined procedure

Section 4 ndash Compensation for Damages

(i) If the Principal has disqualified the Bidder(s) from the tender process prior to the award

according to Section 3 the Principal is entitled to demand and recover the damages

equivalent to Earnest Money Deposit Bid Security

(ii) If the Principal has terminated the contract according to Section 3 or if the Principal is

entitled to terminate the contract according to section 3 the Principal shall be entitled to

demand and recover from the Contractor the amount equivalent to Security Deposit

Performance Bank Guarantee in addition to any other penalties recoveries as per terms

and conditions of the tender

Section 5 ndash Previous transgression

(i) The Bidder declares that no previous transgression occurred in the last 3 years with any

other Company in any country conforming to the Anti-corruption approach or with any

other Public Sector Enterprise in India that could justify his exclusion from the tender

process

(ii) If the Bidder makes incorrect statement on this subject he can be disqualified from the

tender process or action can be taken as per the defined procedure

Section 6 ndash Equal treatment of all BiddersContractorsSubcontractors

41 Signature of the Contractor

(i) The principal will enter into agreements with identical conditions as this one with all

BiddersContractors

(ii) The Bidder(s)Contractor(s) undertake(s) to demand from all subcontractors a

commitment in conformity with this Integrity Pact

(iii) The Principal will disqualify from the tender process all bidders who do not sign this

Pact or violate its provisions

Section 7 ndash Criminal charges against violating

Bidder(s)Contractor(s)Subcontractor(s)

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or

of an employee or a representative or an associate of a Bidder Contractor or

Subcontractor which constitutes corruption or if the Principal has substantive suspicion in

this regard the Principal will inform the Corporate Vigilance Office

Section 8 ndash External Independent MonitorMonitors

1 Principal appoints competent and credible Independent External Monitor for this Pact

The task of the Monitor is to review independently and objectively whether and to what

extent the parties comply with the obligations under this agreement

2 The Monitor is not subject to instructions by the representatives of the parties and

performs his functions neutrally and independently He reports to the CMD of the BSNL

3 The Bidder(s)Contractor(s) accepts that the Monitor has the right to access without

restriction to all Project documentation of the Principal including that provided by the

Contractor The Contractor will also grant the Monitor upon his request and demonstration

of a valid interest unrestricted and unconditional access to his project documentation The

same is applicable to Subcontractors The Monitor is under contractual obligation to treat

the information and documents of the Bidder(s)Contractor(s)Subcontractor(s) with

confidentiality

Notwithstanding anything contained in this Section the Bidder(s)Contractor(s) shall have

no obligation whatsoever to provide any internal costing mechanisms or any internal

financial or commercial data pursuant to any audit or review conducted by or on behalf of

the Principal Further the Bidder(s)Contractor(s) shall not be required to provide any data

relating to its other customers or any personnel or employee related date

4 The Principal will provide to the Monitor 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 Principal and the Contractor The parties offer to the

Monitor the option to participate in such meetings

5 As soon as the Monitor notices or believes to notice a violation of this agreement he

will so inform the Management of the Principal and request the Management to

discontinue or take corrective action or to take other relevant action The monitor can in

this regard submit non-binding recommendations Beyond this the Monitor has no right to

demand from the parties that they act in a specific manner refrain from action or tolerate

action

42 Signature of the Contractor

6 The Monitor will submit a written report to the Chairperson of the Board of the Principal

within 8 to 10 weeks from the date of reference or intimation to him by the lsquoPrincipalrsquo and

should the occasion arise submit proposals for correcting problematic situations

7 If the Monitor has reported to the CMD of the BSNL a substantiated suspicion of an

offence under relevant Anti-Corruption Laws of India and the BSNL has not within

reasonable time taken visible action to proceed against such offence or reported it to the

Corporate Vigilance Office the Monitor may also transmit this information directly to the

Central Vigilance Commissioner Government of India

8 The word lsquoMonitorrsquo would include both singular and plural

Section 9 ndash Pact Duration

This Pact begins when both parties have legally signed it It expires for the Contractor 12

months after the last payment under the contract and for all other Bidders 6 months after

the contract has been awarded

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 dischargeddetermined by

CMD BSNL

Section 10 ndash Other provisions

1 This agreement is subject to Indian Law Place of performance and jurisdiction is the

Registered Office of the Principal ie New Delhi The arbitration clause provided in the

tender document contract shall not be applicable for any issue dispute arising under

Integrity Pact

2 Changes and supplements as well as termination notice need to be made in writing

3 If the Contractor is a partnership or a consortium this agreement must be signed by all

partners or consortium members

4 Should one or several provisions of this agreement turn out to be invalid the remainder

of this agreement remains valid In this case the parties will strive to come to an agreement

to their original intensions

------------------------------------ ----------------------------------

For the Principal For the BidderContractor

Placehelliphelliphelliphelliphelliphelliphelliphellip Witness 1 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphellip Witness 2 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

43 Signature of the Contractor

Anexx-VIII

AGREEMENT

This agreement made on thishelliphelliphellip day of helliphelliphellip Yearhelliphelliphelliphellip Between hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphellipHerein after called ldquo The contractorrdquo (which expression shall unless excluded by or

repugnant to the context include its successors heir executors administrative representative and

assignee) of the one part amp the BSNL (GMTD Mehsana) herein after referred to as the BSNL of

other part Tender No MMTenderMehsana2016-1706 Dated 26102016

Where as the contractor has offered to enter with the said BSNL for the contract for repairing of

EPBT amp CLIP Plan instruments amp Buttons Key in Mehsana SSA Mehsana Telecom District on

the terms and conditions herein contained and the rates approved by the BSNL (copy of rates

annexed) have been dully accepted and whereas the necessary security deposit have been furnished

in accordance with the provision of the tender documents and whereas no interest will be claimed

on the security deposit Now these presents witness and it is hereby agreed and declared by and

between the partiesrsquo presents as follows

(1) The contractor shall during the period of this contract that is to say fromhelliphelliphelliphelliphellipTo

helliphelliphelliphellip or completion of work whichever is earlier or until this contract shall be

determined by such notice as is herein after mentioned safely carried out by means of

Labours employed at his own expense and by means of tools implements of equipments

etc to be supplied by him to his Labours at his own expense all work of repairing of

EPBT amp CLIP instruments as described in tender documents (annexed to the agreement)

when the BSNL or any other person authorized by GMTD Mehsana in that behalf require it

is under stood by the contractor that the quantity of work mentioned in the schedule is

likely to change as per actual requirement as demanded by exigencies of service

(2) The Notice Inviting Tender Bid documents (qualifying and financial) letter of intent

approved rates annexed here to and such other additional particulars instructions

drawings work orders as may be found requisite to be given during execution of work

shall be deemed and taken to be an integral part of the contract and shall be deemed to be

included in the expression ldquoThe agreement) or ldquoThe Contractrdquo wherever herein used

(3) The contractor also supplies the requisite number of workmen with means and materials as

well as tools appliances vehicles for transportation cartage etc required for the proper

execution of work within the prescribed in the work orders

(4) The contractor hereby declares that no body connected with or in the employment of the

BSNL is notshall not ever be admitted as partner in the contract

(5) The contractor shall abide by the terms and conditions rules guide lines constructions

particulars safety precautions etc stipulated in the tender documents including any

correspondence between the contractor and the BSNL having bearing on execution of work

and payments of work to be done under the contract

In witness whereof the partiesrsquo presents have here in to set their representative hands and

seals the day and year in

Signed sealed amp Delivered by

The above named contractor in the presence of

Above written

Witness

(1)

(2) Signed and delivered on behalf of BSNL

Witness

(1)

(2)

44 Signature of the Contractor

ANNEXURE-IX - UNDERTAKING

This deed of undertaking executed on this helliphelliphellip day ofhelliphelliphelliptwo thousand andhelliphellip

by (name of sole proprietorpartnerdirectorauthorized representative the firm

company trust society etc)helliphelliphelliphelliphelliphelliphelliphelliphelliphellipSO helliphelliphelliphelliphelliphelliphelliphellip

residing athelliphelliphelliphelliphelliphelliphelliphelliphelliphellipOn behalf of said helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of the firm company Trust Society etc) having its office athelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

and dully authorized to sign file and verify present undertaking by the said hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of Firm company Society etc) in favour of Bharat Sanchar Nigam Ltd a

Government Of India undertaking having its registered office at Statesman

HouseB-148 Barkhamba Road New Delhi and local office at Administrative

Building Sanchar Bhawan BSNL Pilaji Ganj Mehsana-1 here in after called

BSNL (which terms shall mean and include its successors administrators heirs and

assigns Where as MS BSNL invited bids for repairing of EPBT amp CLIP instruments in Mehsana SSA

IWe participated in the bidding process and emerged as successful bidder with respect to tender No

MMTenderMehsana2016-1706 Dated 26102016

IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Acknowledge that IWe have fully under

stood and aware of the terms amp conditions of the Tendercontract and do hereby unequivocally and

unconditionally undertake and declare that

(1) IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip shall comply with all

the rulesRegulationsLawsGovernment instructionsstatus etc that are

applicable will be made applicable and or are aimed to protect the interest of

the workersemployees engaged by meus in the past and during the course of

performance of the contract with BSNL

(2) IWe shall fully protect indemnity and hold harmless BSNL and its employees

officers Directors agents judgments damages fines penalties and costs

(including legal costs and disbursements) arising from or relating to

Any breach violation of any direction order from any governmental

authority any provisions of the labour laws or any other laws status or

regulations that are or will be aimed to protect the interest of the

workersLabours engaged by the contractors in past and during the

course of this contract

OR

Any other payments claims or liability that may arise for ensuring

compliance of the provisions of any of the labour laws or any other laws

etc OR

Any other claim made by any third party in connection with any violation

of any laws guide lines instructions etc

In witness whereof this undertaking has caused on thehelliphelliphelliphelliphelliphellip

DayhelliphelliphelliphelliphellipMonth ofhelliphelliphellip Year

Date

Place

Signature

Name

Designation

Witness 1 2helliphelliphellip

45 Signature of the Contractor

ANNEXURE-X

E-Tendering Instructions to Bidders

These Special Instructions (for e-Tendering) supplement lsquoGeneral instructions to Biddersrsquo as enclosed in Section IV of this E-Tender Document Wherever there is a conflict the provisions herein shall prevail over those in other pages of this document

Submission of Bids only through online process is mandatory for this Tender

For conducting electronic tendering BSNL Mehsana is using the portal

(httpeprocurementsynisecombsnl1gujarat) of Ms Synise Technologies ltd Pune A - Submission of tender

1 The bidding process will be accepted only through e-tendering platform 2 Availability of e-tendering document e-tender document can be obtained by

downloading it from the website httpeprocurementsynisecombsnl1gujarat the

physical copy of the Tender document would not be available for sale

3 The Tender document shall not be available for download on its submissionclosing date B - General 1 Tender Bidding Methodology

Sealed Bid System ndashldquoSingle Stage using two envelopsrdquo

In this case of two envelope system Financial amp Techno-commercial bids shall be

submitted by the bidder at the same time

2 Broad outline of activities from Bidders prospective

1 Procure a Digital Signing Certificate (DSC)

2 Register on Electronic Tendering System (RETS)

3 Create Users and assign roles on ETS

4 View Notice Inviting Tender (NIT) on ETS

5 Download Official Copy of Tender Documents from ETS

6 Clarification to Tender Documents on ET Query to BSNL (Optional)

View response to queries posted by BSNL as addenda

7 Bid-Submission on ETS

8 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Techno-commercial Part

9 View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond to BSNLrsquos Post-TOE queries

10 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Financial-Part (Only for Technical Responsive Bidders)

For participating in this tender online the following instructions need to be read

carefully These instructions are supplemented with more detailed guidelines on

the relevant screens of the ETS

3 Digital Certificates

For integrity of data and its authenticity non-repudiation of electronic records and be compliant with IT Act 2000 it is necessary for each user to have a Digital Certificate (DC) also referred to as Digital Signature Certificate (DSC) of Class 2 or above issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer httpwwwccagovin]

4 Registration

To use the Electronic Tenderreg portal ( httpeprocurementsynisecombsnl1gujarat) vendor needs to register on the

46 Signature of the Contractor

portal Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e-tendering activities In ETS terminology this person will be referred to as the Super User (SU) of that organization For f u r ther details

p lease v is i t the websiteportal and follow further instructions as given on the site You may also contact tender wizard Helpdesk (as given below) to get your registration acceptedactivated Tender wizard Helpdesk

Telephone 020-30277517 020-30277522020-30277516

[between 1000 hrs to 1800 hrs on working days]

Mobile Nos Mr Hiren Pandar 7774013247 7774013248

E-mail ID helpdesksynisecom [Please mark CC

hirenpsynisecom]

BSNL Contact-1

BSNLrsquos Contact Person AGM MM Mehsana

Telephone Mobile (02762-220855222900)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID agmmmmehbsnlin

BSNL Contact-2

BSNLrsquos Contact Person SDE MM-Mehsana

Telephone Mobile (02762-221855)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID mehsdemm2bsnlin 5 Bid related Information for this Tender (Sealed Bid)

The entire bid-submission would be

online on ETS Broad outline of

submissions are as follows

Submission of digitally signed copy of Tender DocumentsAddendumaddenda

Two Envelopes

Techno-commercial -Part

Financial-Part

Note -

i) If some document is not applicable for the bidder then he has to upload

scanned copy of paper mentioning ldquoThe document ltNamegt called vide

clause helliphelliphelliphelliphelliphelliphellip is not applicable on usrdquo

ii) If document asked for contains more than one page then all those pages may be uploaded in one PDF format file

iii) Please take care to scan documents such that the total size of

documents to be uploaded remains minimum However it shall be sole

responsibility of bidder that the uploaded documents remain eligible

6 Offline Submissions

The bidder is requested to submit the following documents offline to AGM (MM) 2nd Floor Sanchar Bhawan Pilaji Ganj Mehsana-384001 on or before the date amp

time of submission of bids specified in covering letter of this tender

47 Signature of the Contractor

document in a Sealed Envelope The envelope shall bear (name of the tender) the tender number and the words lsquoDO NOT OPEN BEFORErsquo (due date amp time)

1 EMD-Bid Security in Original

2 DD Bankers cheque against payment of tender fee

3 Power of attorney (if applicable) Note The bidder has to upload the Scanned copy of all above said documents during

online Bid submission also

7 Special Note on Security of Bids

Security related functionality has been rigorously implemented in ETS in a multi-dimensional manner Starting with Acceptance of Registration by the Service Provider provision for security has been made at various stages in Electronic Tenderrsquos software Security related aspects as regard Bid Submission are outlined below

As part of the Electronic Encryptertrade functionality the contents of both the lsquoElectronic Formsrsquo and the lsquoMain-Bidrsquo are securely encrypted using a Pass-Phrase created by the Bidder himself Unlike a lsquopasswordrsquo a Pass-Phrase can be a multi-word sentence with spaces between words (eg I love this World) A Pass-Phrase is easier to remember and more difficult to break It is recommended that a separate Pass-Phrase be created for each Bid-Part This method of bid- encryption does not have the security and data-integrity related vulnerabilities which are inherent in E-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid- encryption Bid-encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE) even if there is connivance between the concerned tender- opening officers of the Buyer organization and the personnel of e-tendering service provider

Typically lsquoPass-Phrasersquo of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself when demanded by the concerned Tender Opening Officers who will open the bid Else Tender Opening Officer may authorize the bidder to open his bid himself There is an additional protection with SSL Encryption during transit from the client-end computer of a Supplier organization to the e-tendering server portal

8 Public Online Tender Opening Event (TOE)

ETS offers a unique facility for lsquoPublic Online Tender Opening Event (TOE)rsquo Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices For this purpose representatives of bidders (ie Supplier organization) dully authorized are requested to carry a Laptop and Wireless Connectivity to Internet Every legal requirement for a transparent and secure lsquoPublic Online Tender Opening Event (TOE)rsquo has been implemented on ETS As soon as a Bid is decrypted with the corresponding lsquoPass-Phrasersquo as submitted online by the bidder himself (during the TOE itself) salient points of the Bids are simultaneously made available for downloading by all participating bidders The work of taking notes during a manual lsquoTender Opening Eventrsquo is therefore replaced with this superior and convenient form of lsquoPublic Online Tender Opening Event (TOE)rsquo ETS has a unique facility of lsquoOnline Comparison Chartrsquo which is dynamically updated as each online bid is opened The format of the chart is based on inputs provided by the Buyer for each Tender The information in the Comparison Chart is based on the data submitted by the Bidders in electronic forms A detailed Technical and or Financial Comparison Chart enhances Transparency Detailed instructions are given on relevant screens

48 Signature of the Contractor

ETS has a unique facility of a detailed report titled lsquoMinutes of Online Tender Opening Event (TOE)rsquo covering all important activities of lsquoOnline Tender Opening Event (TOE)rsquo This is available to all participating bidders for lsquoViewing Downloadingrsquo

There are many more facilities and features on ETS For a particular tender the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer

NOTE In case of internet related problem at a bidderrsquos end especially during lsquocritical

eventsrsquo such as ndash a short period before bid-submission deadline during online

public tender opening event etc it is the bidderrsquos responsibility to have backup

internet connections In case there is a problem at the e- procurement

service-providerrsquos end (in the server leased line etc) due to which all the

bidders face a problem during critical events and this is brought to the notice

of BSNL by the bidders in time then BSNL will promptly re-schedule the

affected event(s)

9 Other Instructions

For further instructions the vendor should visit the home-page of the portal

( httpeprocurementsynisecombsnl1gujarat) and go to the User-Guidance Center The help information provided through lsquoETS User-Guidance Centerrsquo is available in three categories ndash

Users intending to Register First-Time Users Logged-in users of Buyer organizations and Logged-in users of Supplier organizations Various links are provided under each of the three categories Note It is strongly recommended that all authorized users of Supplier

organizations should thoroughly peruse the information provided under the

relevant links and take appropriate action This will prevent hiccups and minimize

teething problems during the use of ETS

The following lsquoFOUR KEY INSTRUCTIONS for BIDDERSrsquo must be assiduously adhered to

1 Obtain individual Digital Signing Certificate (DSC or DC) well in advance of

your first tender submission deadline on ETS

2 Register your organization on ETS well in advance of your first tender submission deadline on ETS

3 Get your organizationrsquos concerned executives trained on ETS well in advance of your first tender submission deadline on ETS

4 Submit your bids well in advance of tender submission deadline on ETS as

there could be last minute problems due to internet timeout breakdown etc

While the first three instructions mentioned above are especially relevant to first-time users of ETS the fourth instruction is relevant at all times

10 Minimum Requirements at Bidders end

Computer System with good configuration (Min P IV 1 GB RAM Windows XP)

Broadband connectivity

Microsoft Internet Explorer 60 or above

Digital Certificate(s) for users

49 Signature of the Contractor

ANNEXURE-III

RATE SHEET

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Rate should be quoted in below Rate Sheet

Sr

No

Rates Quoted By Bidder With Respect to SOR (Schedule Of Rate)

Particulars In Figure In Words

1 Above Of SOR

2 Below Of SOR

3 AT PAR

[At Same Rates of SOR]

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

Signature of the Bidder with Seal

Note

1 All faulty instruments are to be repaired except fully broken or fully burnt due to

electric hazards

2 The work may be offered to more than one contractor if required

Signature of the Tenderer with seal

Full Name _____________________

Full Address________________________

  • TABLE OF CONTENTS
    • CERTIFICATE REGARDING NEAR RLATIVES
      • LETTEROF AUTHORISATION FOR ATTENDING BID OPENING
      • Signed sealed amp Delivered by
      • Above written
        • ANNEXURE-IX - UNDERTAKING

7 Signature of the Contractor

SECTION ndash III

(PART ndash II)

CERTIFICATE REGARDING NEAR RLATIVES

1 IWehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipSohelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip resident of helliphelliphelliphelliphellip

hereby certify that none of my near relative(s) as defined in Section IV clause 1u

in the tender document isare employed in BSNL unit as per the details given in

the tender documents In case at any stage it is found that the information given

by me is falseincorrect BSNL shall have absolute right to take any action as

deemed fit without any prior information to me

To be signed by

(A) Signature of Proprietor in case of Proprietorship Firm

(B) Signature of all partners in case of Partnership Firm

a

b

c

d

(C) Signature of all Directors of Company in case of Ltd or Pvt Company

a

b

c helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

d helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(In case of proprietorship firm the certificate will be given by the proprietor

for partnership firm by all partners and in case of limited company by all the

directors of company)

2 The near relatives of all BSNL Employees either directly recruited or on

deputation are prohibited from participation in tenders and execution of

works in the different units of BSNL The detailed guidelines in this

regard are given in the following paragraphs

(i) The near relatives for this purpose are defined as

(a) Members of a Hindu Undivided family

(b) They are husband and wife

(c) The one is related to the other in the manner as father mother

son(s) amp sonrsquos wife (daughter-in-law) Daughter(s) amp daughterrsquos

husband (son-

in-law) brother(s) amp brotherrsquos wife sister(s) amp sisterrsquos husband

(brother-in-law)

8 Signature of the Contractor

(ii) As per BSNL of Indiarsquos CCS Conduct rule 4 no BSNL 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 contract to his official superior

This clause is applicable to all BSNL employees and in view of this as soon as

any BSNL employees 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 EngineerChief ArchtCorporate 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

HeadChief EngineerChief ArchtCorporate office under whom he is posted

(iii) 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

SSACircleChief EngineerChief ArchitectCorporate Office for non executive

employees and all SSA in a circle including circle officeChief Eng Chief Arch

Corporate Office for executive employees (including those called as Gazetted

Officers at present The tenderer should give a certificate that none of hisher

such near relative is working in the units as defined above where he is going to

apply for tenderwork 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

tenderwork will be cancelled and earnest money security deposit will be

forfeited at any stage whenever it is so noticed The BSNL will not pay any

damages to the company or firm or the concerned person The company or

firm or the person will also be debarred for further participation in the

concerned unit

(End of Section III)

9 Signature of the Contractor

Section IV

GENERAL CONDITIONS OF CONTRACT

Bids are invited in two Bid systems Technical Bid (Qualifying) amp Financial Bid (Price

bid)

Method of preparation of Bids

Bids for this tender should be submitted online amp offline in three steps placed as under

these steps should contain the following

Through-

Channel

Bid Envelopes Offline E-tender Online

First-Offline Bid Security (EMD) amp

Tender Fees

DDPay order Bankerrsquos Check for Bid

Security(EMD)amp Tender Fee

Second-Online Tech Bid (Qualifying Bid) Containing documents as per clause 11

of special terms amp conditions

Third-Online Financial Bid (Price bid) Rates quoted by the bidder in

percentage belowabove at par of SOR

The bidder can participate in the E-tender by downloading amp uploads tender from

httpseprocurementsynisecombsnl1gujarat and bidder should submits ldquoTechnical Bidrdquo and

ldquoFinancial Bidrdquo through E-tender site and one envelope the name of Bidder and ldquoTender

fees amp EMD with important documentrdquo may be clearly noted and should be properly

sealed This envelope should bear ldquoTender for Repairing of EPBT amp CLIP instruments in

Mehsana SSArdquo Tender No MM Tender Mehsana 2016-1706 Dated 26102016

DEFINITIONS

The contract means the documents forming the tender and acceptance thereof and the

formal agreement executed between the B S N L and the contractor together with

documents referred to there in including the conditions of contract the specification

designs drawing and instructions issued from time to time by the Official in charge and all

these documents taken together shall be deemed to form one contract and shall be

complementary to one another

1 In the contract the following expressions shall unless where the context otherwise

required have the meaning hereby respectively as signing them

a) The expression (works) or work shall unless there be something either in the subject or

context repugnant to such construction be construed and taken to mean the works by or

by virtue of the contract contracted to be executed whether temporary or permanent

and whether original altered substituted or additional

b) The contractor shall mean the individual or firm or company whether incorporated or

10 Signature of the Contractor

not undertaking the work and shall include the legal personal representative of such

firm or company and the permitted assignees or such individual or the person

composing such firm or company or the successor individual or firm or firms company

c) The designated official nominated representative of the Company means any official

nominated by the GMTD Mehsana to deal with the contractor for making over

material equipment etc to the contractor and to certify the work done by the

contractor

d) The BSNL means the Bharat Sanchar Nigam Limited and his successor

e) GMTD Mehsana

f) The department will mean any office of the BSNL

g) Company means Bharat Sanchar Nigam Limited

h) All reference of -

(i) DepartmentCompany

(ii) General Manager Telecommunications

(iii) Dy General Manager

(iv) Divisional Engineer

(v) Sub Divisional Engineer

(vi) Junior Telecom Officer

(vii) Junior Engineer

(viii) Accounts Officer

(ix) Junior Accounts Officer

In various clauses shall be taken to mean -

i) (i) Bharat Sanchar Nigam Limited a PSU under the Ministry of

Communications Government of India

(ii to ix) The Officers in their respective gradesgroups employed in the company by

whatever designations are assigned to them from time to time and who may be in-charge of

direction execution supervision testing acceptance maintenance of accounts and disposal

of claims from time to time and includes their successors in office Words imparting the

singular number include the plural number and vice-versa

CLAUSES

1 PERIOD OF VALIDITY

Validity of this Bid is 120 days

The rates quoted should be firm and valid for any work that may be issued for period of

11 Signature of the Contractor

one year or up to extended period of contract from the date of issue of final allocation of

the tender or until the completion of the work assigned under each work order whichever is

later

2 LABOUR

a) The contractor shall be responsible for the transportation storage and safe custody of

all EPBT amp CLIP issued to him by the Company The Contractor shall satisfy himself

regularly the quality and quantity of the materials supplied to him and he will be

responsible for any subsequent deterioration and discrepancy (inclusive of theft) in the

quality quantity of the materials

b) The contractor shall submit a proper account every month of all the EPBT amp CLIP

made over to him by the Company and those returned back duly repairs Any

discrepancy or difference between the EPBT amp CLIP issued to the contractor and those

repaired as per the Company s calculation (which shall be final) will be charged to the

contractor or deducted from his bills at cost price including freight handling charges

storage charges etc plus 20 percent departmental charges

c) On completion of the work the contractor shall return to the Company at the latterrsquos

designated store in good condition free of charges any un repaired EPBT amp CLIP that

were supplied by the Company and contractor shall obtain written receipt of goods In

absence of such written receipt it is presumed that goods in question have not been

returned

d) The contractor while taking delivery of EPBT amp CLIP handed over by the Company at

the designated place shall thoroughly inspect all items before taking them over Once

the EPBT amp CLIP are made over to the contractor it shall be his responsibility for safe

custody till taking over of the complete work by the Company Any pilferage damage

etc to the EPBT amp CLIP shall be at the risk and cost of the contractor and charges for

such unaccounted EPBT amp CLIP shall be decided in accordance with (b) above

e) Notwithstanding any thing else herein stated the contractor shall furnish and pay for

all supervision labour tools supplies construction equipment and consumable

materials as may be necessary for the performance of the work and the cost of these

shall be included in the unit repair prices quoted by the Tenderer at the time of

submitting his tender and payable to the contractor

3 GUARANTEE

In addition to any and all other guarantee and warranty mentioned in the contract

documents the contractor guarantees that the entire work will be done in a satisfactory

manner and free from any defect in workmanship and finish and unconformity in all

respect with the specification and direction The contractor also undertakes to repair or

replace as the case may be at his own cost and risk any part of the work which may

damage or that may develop any defects due to bad workmanship or other wise due to the

fault of contractor within a period of agreement

4 METHOD AND MANNER OF PERFORMANCE

The contractor shall be an independent contractor and shall have complete charge of the

men engaged in performance of the work to the performed hereunder and shall perform the

works in accordance with his own methods and at his own risk subject to compliance with

12 Signature of the Contractor

the contract documents The contractor shall throughout the stipulated period of the

contract execute the work in the best contract substantial workmanlike manner and both as

regards manuals and otherwise in respect in strict accordance with the contract documents

or such other additional particulars instruction and drawing as may be found requisite to

be given during execution of the work in force good order among his employees and shall

not employ on the works any unfit person or anyone not capable or not properly qualify to

properly perform the work assigned to him The contractor shall also not employ in respect

of the work or discontinue to employ in respect of the works any employee that the

GMTD MEHSANA SDE may for any reason object to

5 SUB CONTRACTORS

51 The contractor shall not assign subcontract or sublet the whole or any part of the

works covered by the contract or any benefit thereof without the prior written approval of

the GMTD MEHSANA Copies of all agreements entered into with any permitted or sub

contracts including rates for item of work sub-contracted shall be furnished to obtain in

writing prior approval of the GMTD MEHSANA in this behalf before the sub-contract or

the agent or the assignee as the case may be allowed to do work under the contract

52 The GMTD MEHSANA reserves the right to refuse or permit any person or

organization or sub-contractor to particulars in the works covered by the contract The

assignment or sub-contracting or subletting of any such work if permitted by the GMTD

MEHSANA shall not relieve the contractor of any of his liabilities and responsibilities

hereunder the intention being that notwithstanding any assignment or subletting or sub-

contracting the contractor shall be and remain primarily and principally liable to the

Company in terms hereof and for the due fulfillment of the contracted works any assignee

or sub-contractor being regarded merely as the agency of the contractor

53 Each assignee and sub-contractor shall be covered by the contract documents and shall

perform the work which he takes up in accordance with The Company will have the same

privileges and rights with respect to the inspection of work of assignees or sub-contractors

as are provided for under the contract documents governing the work of the contract

54 The contractor shall indemnify and save harmless the Company from and against all

actions suits proceedings loses costs damages charges claims and demands whatsoever

either in law or in enquiry and all costs (inclusive between attorney and client) and charges

and expenses that the Company may sustain suffer or incur arising from or out of or

incidental (to in connection with any act or commission) of the contractor his agent

employee assignee or sub contractor The provision shall also apply to the sub-contractor

or assignee as the case may be

6 REPRESENTATIVE OF THE COMPANY

The Company shall be represented by the GMTD who will be in charge of the work

The Company representative in works site shall be the designated officials or such other

representative as the GMTD MEHSANA may from time to time designate in writing

Notice given in writing by the designated official or GMTD shall be deemed to be

notices given by the Company to the contractor The designated official and such other

representative as GMTD may designate in writing shall be deemed to be authorized

officer to represent the Company in respect of the work of any designated section any

decision agreement or instructions in writing by the Company representative as aforesaid

which is within his powers shall be binding on the contractor

13 Signature of the Contractor

7 REPRESENTATIVE OF CONTRACT

The contractor shall furnish to the Company the scheme of his intended organization and

nominated representative to whom the Company representative can make known decisions

authorizations and interpretations The contractor shall within 10 days after the execution

of the contractagreement notify the Company the name(s) and address(s) of the

representative(s) along with the specimen signature Any change in name and address of

any representative notified aforesaid should be promptly intimated in writing to the

Company Notices given in writing to the representative shall be deemed to be notices

given to contractor This representative shall be fully authorized to represent contractor on

matters involving more than one section of work notification in respect of whom shall

likewise be given to the Company and who shall likewise be the contractors representative

in terms aforesaid

8 INTERPRETATION OF THE CONTRACT DOCUMENTS

The GMTD MEHSANA and the contractor shall in so far as possible by mutual

consultation try and decide upon the meaning and intent of the contract documents In case

of disagreement the dispute will be referred to the sole Arbitrator as provided in the

contract Any change in the contract document shall be set forth in writing by the

representative of the parties hereto It shall be the contractorsrsquo responsibility to thoroughly

familiarize all of his supervisory personnel with the contents of all the contract documents

9 CHANGES EXTRA WORK amp QUANTUM OF WORK

91 Change used herein means a substitution for omission of any work or other

requirement within general scope of the work the performance of the compliance with

which is contemplated by the contract documents

92 Extra work as used herein means any works of compliance with any requirement

other than a change which is not expressly or implied contemplated by the contract

documents and which is necessary to be performed for the proper completion of the

contracted work For the purpose of clarification it is declared that any work or operation

which shall be necessarily incidental to the proper performance of any item of work or part

thereof shall be deemed to have been by implication provided for in the relevant item of

work or part thereof and shall not constitute extra work

93 The GMTD MEHSANA may at his absolute discretion make change in the work

provided for in the contract documents including the commencement of the work and may

require the performance of extra work by the contractor

94 The contractor shall not undertake or make any change or do any work under this

contract unless he has received written instructions from the representative of the

Company

95 The contractor shall not be entitled to any compensation in addition to the contract

price for the performance of any work not envisaged under the contract unless prior to the

performance of such work he has received from the designated official in written

authorization for performance such work

96 For Extra work within the scope of this contract the contractor will receive extra

compensation on the basis of a lump sum unit price as may be agreed upon in advance

between the GMTD MEHSANA and the contractor

14 Signature of the Contractor

97 (a) in cases of such of the works where interpolations of the rates are possible such

rates shall be accepted by both the parties

(b) If the altered additional or substituted work includes any work for which no rates are

specified in the contract for the work can be derived from similar class of work in the

contract than such work shall be carried out at the rate determined by the designated

official on the basis of the prevailing market rates where the work was done

(c) If the rates for the altered additional or substituted work cannot be determined in the

manner specified above then the contractor shall within 7 days of the date of receipt of

order to carry out the work inform the Designated official of the rate which it is his

intention to charge for such class of work supported by analysis of the rate or rates

claimed and the designated official shall determine the rates on the basis of prevailing

market price and pay the contractor accordingly However the Designated official by

notice in writing will be at liberty to cancel his order to carry out such class of work and

arrange to carry it out in such manner as he may consider advisable

98 The quantum of work mentioned in the tender is approximate and subject to vary

However for evaluation purpose the quantum as mentioned in the tender will only be taken

into account

910 The quantum of works (Estimated Cost) of the tender is purely tentative and it can

vary as per requirement of BSNL Mehsana and so successful contractor may not

challenge to BSNL Mehsana in respect to the works of this tender

911 The estimated cost or quantum of work may vary on the basis of actual requirement at

the discretion of GMTD Mehsana limited to + 25 without any change in approved rates

terms amp conditions of contract

10 QUALITY OF WORK

The Company shall be the final judge of the quality of the work and the satisfaction of

the standards in respect thereof set forth in the contract documents Laxity or failure to

enforce compliance with the contract documents by the Company and or its

representative shall not manifest a change or intent or waiver the intention being that

notwithstanding the same the contractor shall be and remain responsible for complete and

proper compliance with the contract documents and the specification therein The

GMTD MEHSANA has the right to prohibit the use of men and any tools materials or

equipments which in his opinion do not produce work or performance meet the

requirement of the contract documents

1l PROTECTION OF WORK

The contractor shall be responsible for all materials equipment furnished or supplied by

the company while in the contractors custody

12 NOTIFICATION

The contractor shall give in writing to the proper person or authority with a copy to the

GMTD MEHSANA such notification as may be mandatory or necessary in connection

with the commencement suspension resumption performance and or completion of the

contracted work All notices shall be given sufficiently in advance of the proposed

operation to permit proper correlation of activities and the contractor shall keep all proper

persons or authority involved regularly advised of the progress or operation through out the

performance of the work together with such other information and or supporting figures

15 Signature of the Contractor

and data as may from time to time as directed or required

13 DELAY IN EXECUTION OF WORK

The Company will make every reasonable effort to furnish the materials required to be

furnished by it under the contract and right of user including the permit required to be

furnished by the Company under the contract and made available in due time so as not to

delay execution of the work The Company will however not be liable to the contractor for

any losses or damages costs charges or expenses that the contractor may in any way

sustain suffer due to delay in making the above available However an extension in time

schedule may be admitted on the above reason

14 SHUT DOWN ON ACCOUNT OF WEATHER CONDITIONS

The contractor shall not be entitled to any compensation whatsoever by reason of

suspension of the whole or any part of the work made necessary by the Company or

deemed advisable on account of bad weather conditions or other unavoidable conditions

15 SECURITY DEPOSIT amp EARNEST MONEY DEPOSIT

EMD (Bid Security) is Rs 9458- amp Performance Security Deposit (PBG) is 10 of

Estimated Tender Cost

151 The security deposit or a part thereof or such balance thereof if any as may remain

after deduction there from in respect of any outstanding bills of the contractor to the

Company shall be paid back to the contractor after termination of contract on expiry of

contract period The contractor shall remain liable to the Company in respect of any

shortfall or discharge of liabilities notwithstanding return of security deposit or any part

thereof The security deposit is required to protect the company against the risk of the

tendererrsquos conduct and breach of contract in which case it would be forfeited without

prejudice to any other action that the company may take against the contractor

152 No interest will be payable on the earnest money or the security deposit or amount

payable to the contractor under the contract

153 Tenderer shall furnish as part of his bid a bid security (Earnest Money Deposit) for a

specified amount The Tenderer (Small scale Units) who are registered with National

Small Scale Industries Corporation under Single Point Registration Scheme are exempted

from bid security (Earnest Money Deposit) up to the amount equal to their monetary limit

In case of Tenderer having monetary limit as no limit the exemption will be limited to Rs

5000000- (Rs Fifty lakhs) only as per the existing policy of Company A proof regarding

current registration with NSIC for the Tendered Item will have to be attached along with

the bid

154 The bid security (Earnest Money Deposit) is required to protect the company against

the risk of tenderers conduct which would warrant the EMD forfeiture pursuant to Para

159

155 The bid security (Earnest Money Deposit) shall be in the form of cash or a Demand

DraftBankerrsquo chequePay order from any NationalizedSchedule Bank payable at

MEHSANA in favour of the AO (cash) BSNL Oo GMTD MEHSANA Payment in any

other form is not acceptable Any Small Scale Industry Firm claiming exemption from the

payment of bid security (Earnest Money Deposit) should submit the copy of the current

registration with National Small Industries Corporation (NSIC) for the tendered items No

16 Signature of the Contractor

interest on bid securityEMD payable

156 A Bid not secured in accordance with Para 153 amp 155 shall be rejected by the

company

157 The bid security (Ernest Money Deposit) of the unsuccessful bidder will be discharged

returned as promptly as possible and no claim whatsoever in this respect would be

entertained

158 The successful bidderrsquos bid security (Earnest Money Deposit) will be returned after

the bidderrsquos acceptance of the tender amp performance security deposit

159 The bid security (Earnest Money Deposit) will be forfeited

a) If the Tenderer withdraws his bid during the period of bid validity specified by

the Tenderer on the Bid form Rate sheet Price Bid or

b) In the case of a successful Tenderer if the bidder fails

i) to sign the Agreement contract amp

ii) to furnish Security Deposit

1510 The performance security deposit (PSD) deposited by the successful bidder in the

form of Cash or in PBG will be released after successful completion of contract and no due

pending against him

16 INSPECTIONS AND TESTING

The GMTD MEHSANA or his representative or any of the officers shall have free

access to the work site at all time for inspection The contractor shall render to the

representative of the company all possible assistants and facilities for the purpose

17 ASSESSMENTS PERMITS LICENCES AND OTHER FACILITIES

17l The contractor shall obtain provide at his own cost all assessments permits and

licenses necessary to do its work

172 The contractor shall be responsible for obtaining at his expense such licenses

permitfacilities as are necessary for the contractor to operate and do business in the

republic of India and in the state in which the work is to be performed

173 The contractor will not be entitled to extra compensation for hardship and increase in

cost Some cases may necessitate special method of execution of work and such

contingency shall deemed to have been provided for in the rates

18 PROTECTION OF LIFE AND PROPERTY AND EXISTING FACILITIES

181 The contractor is fully responsible for taking all possible safety precautions during

preparation for and actual performance of the work

182 The contractor shall undertake to indemnify and keep indemnified the Company from

and against all actions cause of actions damages claims and demand whatsoever either in

law or in inquiry and all losses and damages and costs (inclusive between attorney and

client) charges and expenses in connection there with and or incidental thereto The

contractor shall take all responsibility and risk in the execution of the work

183 It shall be the responsibility of the contractor to see that his employees or any other

person does not misbehave with anybody in company

17 Signature of the Contractor

19 INDEMNITIES

191 The contractor shall at all time hold the Company harmless and indemnify from

against all actions suits proceeding work cost damages charge claims and demand of

every nature and description brought or procured against the Company its officer and

employee and forth with upon demand and without pretest or demur to pay to the

Company any and all losses and damages and cost (inclusive between attorney and client)

and all costs incurred in endorsing this or any other indemnities or security which the

Company may now or at any time have related to the work or the contractors obligations

or in protecting or endorsing its right in any suit or other legal proceeding charges and

liabilities resulting from or incidental or in connection with injury disease or disablement

or death of any person (s) including employee of the contractor or damage to the property

resulting from or arising out of or in any way connected with or incidental to the operator

cause by the contractor documents In addition the contractor shall reimburse the Company

or pay to the Company forthwith on demand without protest or demure all costs charges

and expenses and losses and damages otherwise incurred by it in consequence of any

demands and actions which may be brought against the Company arising out of or

incidental or in connection with the operation covered by the contractor

192 The contractor shall at his own cost at the Company request defend any suit or other

proceeding asserting a claim covered by this indemnity but shall not settle compound or

compromise such suit or other finding without first consulting the Company

20 COMPLIANCE WITH LAW AND REGULATIONS

201 During the performance of the work the contractor shall at his own cost and initiative

fully comply with all applicable law of the land and with any and all applicable by-laws

rules regulations and orders and any other provision having in forces of any Company

Company agencies or department municipal board Company or other regulatory or

authorized body of person and shall provide all certificate of compliance therewith as may

be required by such applicable law by-law rules regulation orders or provision The

contractor shall assume full responsibility for the payment of all contributions and pay roll

taxes as to its employee servants or agent engaged in the performance of the work

specified in the contract documents The contractor require any assignee or sub-contractor

to whom any portion of the work to be performed hereunder may be assigned subleased

or sub-contracted to comply with the provision of the clause and in this connection the

contractor agrees as to undertake to save and hold the Company harmless and indemnified

from and against anyall penalty actions suits losses and damages claims and demands

and cost (inclusive between attorney and client) charges and expenses whatsoever arising

out of occasioned indirectly or directly by failure of the contractor or any assignee or

sub-contractor to make full and proper compliance with the said by-laws rules regulation

law and order and provision as aforesaid

202 Subject to the provisions of the contractor labour (Abolition and regulation Act

1970) the contractor shall not commence actual work unless he produces a receipt from

the concerned licensing authority that he has applied for licensees from the prescribed

licensing authority which may be produced within the period of 15 days or commencing

the work

203 Contractor will have to carry out the work under the rules and regulation of Labour

Act

18 Signature of the Contractor

21 OPTIONAL TERMINATION BY COMPANY (OTHER THAN DUE DEFAULT OF

CONTRACTOR)

211 The Company may at any time at its option cancel and terminate this contract by

written notice to the contractor in which event the contractor shall be entitled for payment

for the work done upto the time of such cancellation

212 In the event of the termination of the contract the contractor shall forthwith hand over

possession of the EPBT amp CLIP Concerned to the company or as the company may direct

213 The Company may at its option cancel or omit the execution of one or more items

of work under this contract and any part of such item(s) without any compensation

whatsoever to the contractor

22 TAXES AND DUTIES

Contractor shall pay all rates levies fees royalties taxes and duties except service tax

payable or arising from out of by virtue of or in connection withor incidental to the

contract or any of the parties in terms of the contract documents andor in respect of the

works or operation(s) or any part thereof to be performed by the contractor and the

contractor shall indemnify and keep indemnified the company from and against the same

or any default by the contractor in the payment thereof other taxes imposed by the

Government will be borne by the contractors Service tax will be paid by BSNL provided

that service tax particulars supplied amp claimed in bills

23 BREACH OF CONTRACT

The Designated officialnominated representative may without prejudice to his right

against the contractor in respect of any delay or inferior workmanship or otherwise or to

any claims of damage in respect of any breaches of the contract and without prejudice to

any rights or remedies under any of the provisions of this contract or otherwise and

whether the date for completion has or has not elapsed by notice in writing absolutely

determine the contract in any of the following cases -

(i) If the contractor having been given by the designated official nominated

representative a notice in writing to rectify reconstruct or replace any defective work or

that the work is being performed in any inefficient or otherwise improper or un work

manlike manner shall omit to comply with the requirements of such notice for a period of

fifteen days thereafter or if the contractor shall delay or suspend the execution of the work

so that either in the judgment of the Designated official (which shall be final and binding)

he will be unable to secure completion of the work by the date for completion or he has

already failed to complete the work by that date

(ii) If the contractor being a company shall pass a resolution or the court shall make an

order that the company shall be wound up or if a receiver or a manager on behalf of a

creditor shall be appointed or if circumstances shall arise which entitle the court or creditor

to appoint a receiver or a manager or which entitle the court to make a winding up order

(iii) If the contractor commits breach of any of the terms and conditions of this contract

(iv) If the contractor commits any acts mentioned in clause thereof

24 When the contractor has made himself liable for action under any of the aforesaid

19 Signature of the Contractor

clauses the Designated official on behalf of the company shall have powers -

(a) To determine or rescind or terminate the contract as aforesaid (of which termination

or rescission notice in writing to the contractor under the hand of the Designated

officialnominated representative shall be conclusive evidence) Upon such determination

or rescission the Security deposit of the contractor shall be liable to be forfeited and shall

be absolutely at the disposal of Company Notice for period of 15days will be received

from the date of issue of notice

(b) To employ other agency paid by the company and to supply materials to carry out the

works or part of the work debiting the contractor with the cost of the work and the price of

the materials (of the amount of which cost and price certified by the Designated official

shall be final and conclusive against the contractor) and crediting him with the value of the

work done in all respects in the same manner and the rates as if it had been carried out by

the contractor under the terms of the contract The certificate of the GMTD-MEHSANA as

to the value of the work done shall be final and conclusive against the contractor provided

always that action under the sub-clause shall only be taken after giving notice in writing to

the contractor Provided also that if the expenses incurred by the company are less than the

amount payable to the contractor at his agreement rates the difference should not be paid

to the contractor

(c) After giving notice to the contractor to measure up the work of the contractor and to

take such part thereof as shall be unexecuted out of his hands and to give it to another

contractor to complete in which case any expenses which may be incurred in excess of the

sum which would have been paid to the original contractor if the whole work has been

executed by him (of the amount of which excess the certificate in writing of the Designated

official shall be final and conclusive) shall be borne and paid by the original contractor and

may be deducted from any money due to him by company under this con tract or on any

other account whatsoever or from his security deposit or the proceeds of sales thereof or a

sufficient part thereof as the case may be

25 In the event of any one or more of the above courses being adopted by Designated

official the contractor shall have no claim to compensation for any loss sustained by him

by reason of his having purely leased or procured any materials or equipment or entered

into any agreement or made any advances account or with a view to the execution or the

work or the performance of the contract and in case action is taken under any of the

provisions aforesaid the contractor shall not be entitled to recover or be paid any sum for

any work thereto or actually performed under this contract unless and until Designated

official has certified in writing the performance of such work and the value payable in

respect thereof and he shall only be entitled to be paid the value so certified

26 In any case in which any of the powers conferred upon the Designated official by

clause 24 thereof shall have become exercisable and the same shall not be exercised the

non exercise thereof shall not constitute a waiver of any of the conditions hereof and such

powers shall notwithstanding be exercisable in the event of any future case of default by

the contractor and the liability of the contractor for compensation shall remain unaffected

In the event of the Designated official putting in force all or any of the powers vested in

him under the proceeding clause he may if he so desires after giving a notice in writing to

the contractor take possession of (or at the sole discretion of the Designated official which

shall be final) use as on hire (the amount of the hire money being also in the final

determination of the Designated official) all or any tools materials and stores in or upon

the works or the materials belonging to the contractor or procured by the contractor and

20 Signature of the Contractor

intended to be used for the execution of the contract or any part thereof paying or

allowing for the same amount at the contract rates or in the case of these not being

applicable at current market rates to be certified by the Designated official whose

certificate thereof shall be final otherwise the Designated official by notice in writing may

order the contractor or his clerk of the works foremen or other authorized agent to remove

such tools plants materials stores from the premises (within and time to be specified to

comply with any such requisition the Designated official may remove them all at

contractors expense or sell them by auction or private sale on account of the contractor and

it his risk in all respects and the certificate of the Designated official as to the expense of

any such removal and the amount of the proceeds and expenses of any such sale shall be

final and conclusive against the contractor

27 If the contractor shall desire an extension of time for completion of the work on the

grounds of his having been unavoidably hindered in its execution or on any other ground

he shall apply in writing to the Designated official within seven days of the date of

hindrance on account of which he desired such extension as aforesaid and the Designated

official shall if in his opinion (which shall be final) reasonable grounds be shown

therefore authorize such extension of time if any as may in his opinion be necessary or

proper

28 If at any time after the commencement of the work the company for any reason

whatsoever not require the whole thereof as specified in the tender to be carried out the

Designated official shall give notice in writing of the fact to the contractor who shall have

no claim to any payment of compensation whatsoever on account of any profit or

advantage which he might have derived from the execution of the work in full but which

he did not derive in consequence of the full amount of the work not having been carried

out neither shall he have any claim for compensation by reason of any alterations having

been made in the original specifications drawings designs and instructions which shall

involve any curtailment of the work as originally contemplated

29 INSPECTION

All work under or in course of execution or executed in pursuance of the contract shall at

all times be open to the inspection and supervision of the Designated official and his

authorized subordinates and the contractor shall at all times during the usual working hours

and at all other times at which reasonable notice of the intention of the Designated official

or his subordinate visit the works shall have been given to the contractor either himself be

present to receive order and instructions or have a responsible agent duly a credited in

writing present for that purpose Orders given to the contractors agent shall be considered

to have the same force as if they had been given to the contractor himself

30 WORKMENS COMPENSATION

In every case in which by virtue of the provisions of section 12 sub-section

(i) of the workmenrsquos compensation Act 1923 Company is obliged to pay compensation to

a workman employed by the contractor in execution of the works Company will recover

from the contractor the amount of the compensation so paid and without prejudice to the

rights of the Company under section 12 Sub section

(ii) of the said Act Company shall be at liberty to recover such amount or any part thereof

by deducting it from the security deposit or from any sum due by the company to the

contractor whether under this contract or otherwise Company shall not be bound to contest

21 Signature of the Contractor

any claim made against it under section-12 subsection (i) of the said Act except on the

written request of the contractor and upon his giving to company full security for all costs

for which Company might become liable in consequence of contesting such claim

31 LABOUR WELFARE

311 In every case in which by virtue of the provisions of the contract Labour (Regulation

and Abolition) Act 1970 and of the contract labour (Regulation and abolition) Central

Rules 1971 Company is liable to pay any amounts of wages to a workman employed by

the contractor in execution of the works or to incur any expenditure in providing welfare

and health amenities required to be provided under the above said Act and the Rules under

clause 19 to 19 J and 20 of PWD-8 or under the CPWD Contractors Labour

Regulations or under the Rules framed by Government from time to time for the

protection of health and sanitary arrangements for workers employed by CPWD

contractors company will recover from the contractor the amount of wages so paid or the

amount of expenditure so incurred and without prejudice to the right of the Government

under section 20 sub-section (ii) and section 21 sub-section (4) of the contractor Labour

(Regulation and Abolition) Act 1970 company shall be at liberty to recover such amount or

any part thereof by deducting it from the security deposit or from any sum due by the

company to the contractor whether under this agreement or otherwise company shall not

be bound to contest any claim made against it under section 20 except on the written

request of the contractor and upon his giving to the company full security for all costs for

which Government might become liable in contesting such claim

312 The contractor shall obtain a valid licence (If required depending upon the number of

persons engaged and the nature of the work intended) under the contract Labour (RampA)

Act 1970 and the contract labour (R amp A) Central Rules 1971 before the commencement

of the work and continue to have a valid license until the completion of the work

313 Any failure to fulfill this requirement shall attract the penal provisions of this

contract arising out of the resultant non-execution of the work

314 No person below the age of (18) eighteen years shall be employed on the work

32 FAIR WAGES

(a) The contractor shall pay to persons employed by him either directly or through sub-

contractor wages not less than fair wages as defined in the CPWD Contractors Labour

(Regulations and Abolition) Act 1970 and the contract labour (Regulation and Abolition)

Central Rules 1971 wherever applicable

(b) The contractor shall notwithstanding the previsions of any contract to the contrary

cause to be paid fair wages to persons indirectly engaged on the work including any

labour engaged by his sub contractor in connection with the said work as if the labour had

been immediately employed by him

(c) The General Manager Telecom District MEHSANA or his subordinate officer

concerned shall have the right to deduct from the money due to the contractor any sum

required or estimated to be required for making good the loss suffered by a worker or

workers by reasons of non-fulfillment of the conditions of the contract for the benefit of

the workers non payment of wages or of deduction made from his or their wages are not

justified by their terms of the contract or non-observance of the Regulations

22 Signature of the Contractor

(d) The contractor shall comply with the provisions of the payment of wages Act 1936

Minimum wages Act 1948 Employees Liability Act 1938 Workmenrsquos compensation Act

1923 Industrial Disputes Act 1947 Maternity Benefits Act 1961 and the contractorrsquos

Labour (regulation and abolition) Act 1970 or the modifications there of or any other laws

relating thereto and the rules made there under from time to time

(e) The contractor shall indemnify Government against payments to be made under and

for the observance of the laws aforesaid without prejudice to his right to claim indemnity

from his sub-contractors

(f) The regulations aforesaid shall be deemed to be a part of this contract and any breach

thereof shall be deemed to be a breach of this contract

33 OTHER LABOUR WELFARE MEASURES

The contractor shall comply with all the provision of the Minimum wages Act 1948

Contractor Labour (R amp A) Act 1970 and rules framed and other labour laws affecting

contract labour that may be brought into force from time to time

34 The contract shall not assign or sublet without the written approval of the GMTD

MEHSANA or his nominated representative and if the contractor shall assign or sublet his

contract or attempt so to do or become insolvent or commence any insolvency proceeding

or make any composition with his creditors or attempt so to do or if any bribe gratuity

gift loan perquisite reward or advantage pecuniary or otherwise shall either directly or

indirectly be given promised or offered by the contractor or any of his servants or agent to

any public officer or person in the employ of Government in any way relating of his office

or employment or if any such officer or person shall become in any way directly or

indirectly interested in the contract the Designated official on behalf of the President of

India shall have power to adopt any of the coursed specified in clause 24 as he may deem

best suited in the interest of Government and in the event of any of these course being

adopted the consequences specified in the said clause 24

35 All sums payable by way of compensation under any of these conditions shall be

considered as reasonable compensation to be applied to the use of Government without

reference to the actual loss or damage sustained and whether or not any damage shall have

been sustained

36 PARTNERSHIP FIRMS

Where the contractor is a partnership firm the previous approval in writing of the

Designated officialnominated representative shall be obtained before any change is made

in the constitution of the firm Where the contractor is an individual or a Hindu undivided

family business concern such approval as aforesaid shall like wise be obtained before the

contractor enters into any partnership agreement where under the partnership firm would

have the right to carry out the work hereby undertaken by the contractor If previous

approval as aforesaid is not obtained the contract shall be deemed to have been assigned in

contravention of Clause hereof and the same action may be taken and the same

consequence shall ensure as provided in the said clause

37 All works to be executed under the contact shall be executed under the direction and

subject to the approval in all respected of the Designated official who shall be entitled to

direct at what point or points and in what manner they are to be commenced and from time

to time carried on

23 Signature of the Contractor

38 Whenever any claim against the contractor for the payment of a sum or money arises

out of or under the contract Government shall be entitled to recover such sum by

appropriating in part or whole the security deposit of the contractor and to sell any

Government Promissory Notes etc forming the whole or part of such security In the event

of the security being insufficient or if no security has been taken from the contractor then

the balance or the total sum recoverable as the case may be shall be deducted from any

sum then due or which at any time thereafter may become due to the contractor under this

or any other contract with Government Should this sum be not sufficient to cover the full

amount recoverable the contract shall pay to Government on demand the balance

remaining dues

39 AUDITS AND TECHNICAL EXAMINATION

391 Company shall have the right to cause an audit and technical examination of the

works and the final bills of the contractor including all supporting vouchers abstract etc to

be made after payment of the final bill and if as a result of such audit and technical

examination any sum is found to have been overpaid in respect of any work done by the

contractor under the contract or any work claimed by him to have been done by him under

the contract and found to have amount of over payment and it shall be liable to refund the

amount of over payment and it shall be lawful for Company to recover the same from him

in the manner prescribed or in any other manner legally permissible and if it is found that

the contractor was paid less than what was due to him under the contract in respect of any

work executed by him under it the amount of such under payment shall be duly paid by

Company to the contractor

392 Any sum of money due and payable to the contractor (including Security Deposit

returnable to him) under this contract may be appropriated by the Company and set off

against any claim of the Company for the payment of a sum or money arising out of or

under any other contract made by the contractor with the Company

40 Contractor shall not enter into agreement with any other unit on approved tender of

GMTD MEHSANA without prior approval of the General Manager Telecom District

MEHSANA

41 Without prejudice to any of the rights or remedies under this contract if the contractor

dies the GMTD MEHSANA on behalf of the company shall have the option of

terminating the contract without compensation to the contractor

42 No Engineer of gazetted rank or other gazetted officer employed in Engineering or

administrative duties in an Engineering Department of the Government of India is allowed

to work as contractor for a period of two years of his retirement from Government service

without the prior permission of Government of India This contract is liable to be canceled

if either person who had not obtained the permission of Government of India as aforesaid

before submission of the tender or engagement in the contractors service as the case may

be

43 COMPENSATION FOR DELAY The time allowed for carrying out the work as

mentioned shall be strictly observed by the contractor and shall be deemed to be of the

essence of the contract on the part of the contractor However for special jobs if the

contractor has submitted a time schedule and the same has been accepted by the designated

officialnominated representative of the company the contractor shall comply with the

said time schedule

24 Signature of the Contractor

44 TIME LIMIT amp LIQUIDATED DAMAGE CHARGES

441 It will be at the discretion of the GMTD MEHSANA to revise or modify or extend

the time limits specified for the total work awarded to the contractor or to further specify

the quantum of work to be completed within a specified period provided a written request

has been received from the contractor explaining the reasons for which such extension of

time is asked for and the GMTD MEHSANA in the particular case is convinced and

satisfied that such extension or revision or modification is in the interest of the

Government In such cases payment of liquidated damage as compensation for delay

becomes liable based on such revised or modified or extended time limits and the

conditions under which such extension or modification or revision has been made

Liquidated damage will be charged as per Special Condition clause No2 amp 3 read as

under

1 Delay in collection - Rs5- per instrument per week or part there of for entire lot of

unserviceable instruments collected delayed subject to a maximum Rs20- per instrument

in case timely collection is not done as per 2(b) of special conditions

2 Delay in delivery- Rs2- per week or part there of on the entire lot of instruments

delivered delayed in case of delivery not made timely as per Para 3 of Special conditions

442 The contractor shall have to complete the contractual work within stipulated period

and it is very clearly understood between the parties that the time is made the essence of

contract

45 The Company assumes no responsibility whatever for any oral understandings or

representations made by any its officers or agents or servants prior to the execution of the

contract and all previous negotiations and understandings are hereby canceled

46 STORERSMATERIAL SUPPLIED BY THE GOVERNMENT

All materials supplied to the contractor by the company shall remain the absolute

property of Company and shall not be removed from site of the work except for use in the

work and shall be at all times open to inspection by Designated official

47 In the event of the contractor being adjudged insolvent or going voluntarily into

liquidation or having received order or other order under insolvency Act made against him

or in the case of a company of the passing of any resolution or making of any order for

winding up weather voluntarily or otherwise or in the event of the contractor failing to

comply with any of the conditions herein specified the GMTDMEHSANA shall have

the power to terminate the contract without previous notice

48 ACCEPTANCES AND MEASUREMENT

481 It is important that the work carried out by contractor is approved by the designated

official nominated representative of the company

482 The designated official nominated representative of the Govt and the contractor or

his authorized representative will certify under their signature at the appropriate places that

the work carried out is as per the specification

49 PRICE VARIATION

25 Signature of the Contractor

The Company shall not be responsible for any escalation in prices of labour or materials

machinery equipment etc whatsoever or any increase in any duties levies or taxes in

respect thereof whatsoever and the contractor rates and contractors obligations shall

remain unaffected by such escalation and or increases

50 FORCE MAJEURE

In the event of either party being rendered unable by force majeure to perform this

contract than the obligations of the party effected by such force majeure shall be

suspended for the whole period during which such cause lasts and until normal operation

are resumed and when such cause ends the execution of this contract must be resumed

with all responsible dispatch should the execution of this contract be suspended by force

majeure than a corresponding extension of the completion date shall be automatically

granted The occurrence of a cause of force majeure however shall not relieve the

company and its obligation to make payment to the contractor for the work satisfactorily

executed prior thereto The terms force majeure as employed herein shall mean act of God

war declared or undeclared hostilities enemy actions revolts riots legal lock outs and

eligible strikes tidal waves forest fires major floods explosions earth quakes epidemics

sabotage extra ordinary act and Regulation of central or state Government or Municipality

Bodies Upon the occurrence of such causes and its termination the parties rendered unable

as aforesaid shall notified the other party in writing within 72 hours of the beginning and

ending dates giving full particulars and evidences if required

51 PAYMENTS

The contractor shall prepare the bills claiming shown as labour cost and material cost

separately The contractor shall submit the bills within 30 days after completion of the

work duly certified by the designated officialnominated representative of company

GMTD MEHSANA has full right to disallow the payment of the bills received after 30

days of completion of work

52 The GMTD MEHSANA may however at his discretion allow the contractor to

submit fortnightly bills or at the end of each work

53Income tax at the rate in force at that time would be deducted from his payments of bills

as Tax deducted at source However if any new legislation comes into effect for

deduction of tax at source at any other rate deduction will be made at that rate

The GMTD MEHSANA will issue necessary Income tax deduction certificate or the

Accounts Officer detailing the amount so deducted As Tax Deducted at Source at the time

of payment or each bill

54 The Tenderer should submit all requisite documents including EPF related documents

as per clause in tender terms amp conditions and special conditions along with the bill if

applicable

55 PAYMENT PROCEDURE

551 The bills are to be submitted in TRIPLICATE and in the manner and form that may

be prescribed by the GMTD MEHSANA from time to time ldquoAccounts Payeerdquo cheque

for amount passed in the bill will be issued only after the contractor gives a stamped

receipt for the amount unless the bills are pre-receipt Only Accounts Payee Cheques

drawn on the branch of the state bank of India or other bank in which the GMTD or the

26 Signature of the Contractor

Accounts Officer may be having drawing assignment account will make payments The

payments will be made either by the Accounts Officer or by any other official who at any

period of time may be convenient to the company

552 Any liquidated damages due shall also be recoverable from the bills submitted for the

payment by the aforesaid officer

553 The security deposit with the GMTD Shall be considered for adjustment against

liquidated damages only at the time of final conclusion of the contract and final settlement

of account

554 The GMTD MEHSANA will have e the right to recover liquidated damages for

delay or slow progress of the works from the bills submitted for payment

555 The final settlement of the bills and refund adjustmentappropriation of any amount

detained from the running bill of the contractor shall be made fully after the GMTD is

satisfied that all the contractual obligation have been fully met and no amount remain due

for recovery from the contractor on any count Unless there are specific reasons all

accounts are expected to be settled within a period of six months from the date of

completion of the works in all respects

56 FINAL ACCEPTANCE

If any of the work is found to be unsatisfactory by the designated officialnominated

representative of the govt the contractor shall be intimated in writing of the corrections

repairing to be carried out The contractor shall be required to correct all defects that

remain evident at any time prior to final acceptance of the contractors works by the

GMTD MEHSANA The cost of all such repairs and corrections shall be borne by the

contractor Failure or neglect on the part of the GMTD MEHSANA or his representative

to confirm or reject inferior work notwithstanding final acceptance of the work or any part

thereof by the company THE GMTD MEHSANA Designated official or his

representative shall not be construed to imply the acceptance of such work The provision

of this clause shall not in any way affect or limit the contractors liability under the

undertaking and guarantee contained in the contract documents

57 DISPUTES AND ARBITRATION

All dispute arising between the contractor and GMTD MEHSANA out of this contract

shall be referred to the sole arbitration in the following manners -

a) In case parties are unable to reach a settlement by themselves the dispute should be

submitted for arbitration in accordance with contract agreement

b) There should not be a joint submission with the contractor to the sole arbitrator

c) Each party should submit its own claimed severely and may oppose the claim put

forward by the other party

d) The onus of establishing his claims will be left to the contractor

e) His claim will be firmly resisted by utilizing all the evidence available with the

company

27 Signature of the Contractor

f) Once a claim has been included in the submission by the contractor a retraction or

modification thereof will be opposed

g) The Point of Defense will be based on actual condition of the contract

h) The question whether these conditions are equitable shall not receive any consideration

in the preparation of Points of Defense

i) The arbitrator shall not entertain claims in the nature of ex-gratia payments as these

are not contractual

j) If the contractor including such claims in his submission the fact that they are not

contractual will be prominently placed before the arbitrator

k) In case the amount involved is heavy the sole arbitrator may be within his rights to

conduct the defense by the government pleader

The award of the sole arbitrator shall be final and binding on the parties to the dispute It

is further agreed that reference to the sole arbitration of officer appointed as arbitrator is

conditions precedent and none will be entitled to move the court without referring the

matter to sole arbitrator

58 Contractor should produce latest Income Tax CertificateSales Tax registration

certificate

59GMTD Mehsana reserves the rights to terminate RRC for breach of

conditionconditions of the agreement after giving a show cause notice of 14 days and after

examining reply if any filed by him pursuance to show cause notice

60 GMTD Mehsana reserves the rights to engaged one or more contractors for this work

61 Rates to be quoted in ANNEXURE ndash III Financial Bid in separate sealed cover and

declaration to be given in ANNEXURE-II-A amp ANNEXURE ndash II B duly signed by all

partnersdirectors of the companyfirm

28 Signature of the Contractor

SECTION ndash V

SPCECIAL CONDITIONS

Work Orders shall be issued by concerned SDE approved by DE

1 Scope of the work Repairing of faulty electronic CLIP push button telephone

instruments buttons key including plan instrument It shall cover all instruments

including those having PCB Display of CLI and burnt out due to their connections

to powers inadvertently but excluding PBT with bakelite portion broken

discolored

2 Collection of faulty instruments

A For lifting of faulty instruments the minimum lot size will be of 20 units

the SDEexchange in charge will intimate the quantity of faulty instruments

accumulated with him over telephone or by FAX to the contractor

B The contractor shall ensure the collection of the faulty instruments within

three working days of the date at giving work order or intimation over telephone or

by FAX on working days between 10 AM to 17 PM at his cost

C The contractor shall acknowledge the receipt of the faulty instruments made

over to him

3 Duration of repair

A The contractor shall repair the faulty instruments at his own work-shop and

return the same to SDEexchange in-charge concerned at his own cost within one

week of its collection (for calculating one week the day of collection and day of

handing over will be inclusive)

B After carrying out repairs of the faulty instruments the contractor shall

offer the instruments to SDEExchange in-charge or JTO nominated by him for

inspection and testing one day before the expiry of schedule delivery date The

decision of the inspecting officer as to accept the repaired instruments will be final

and binding on contractor

C The contractor shall pack each repaired instrument suitably in a

polythene bag after polishingbuffing while returning them to SDE

D The contractor shall paste stiker with date of repairing on back side of

each repaired instrument while returning them to SDE

E The repaired instruments shall be returned back to the same SDEExchange

in-charge unless specified otherwise from where these instruments were collected

for repairs

4 Warranty repair

The contractor will undertake quality repair which will ensure the normal

troubledefect free performance of the instruments for a period of 12 months from

the date of inspection and clearance In case the repaired instruments develops

any defect or any deficiency or fault ie it becomes faulty during the warranty

29 Signature of the Contractor

period the contractor shall rectify repair and remedy such defects deficiency in the

repaired instruments at his own cost and expenses

5 A Method of evaluation

Tenders will be evaluated with reference to the total cost worked out by

multiplying rates quoted by Tenderer with approximate number of EPBT amp

CLIP Instruments as shown in the price bid

B Reports

1 The contractor shall furnish a summary of fault found and namedetails of

the components replaced in the instruments repaired while offering them for

inspection

2 The contractor shall also furnish a quarterly analysis of faulty and repaired

batch wise as per Annexure-I

6 Quality of components

The contractor shall use good quality components for repairs of the instruments

The replaced parts should be purchased by the contractor from DOT approved

source s

7 Liquidated damage

1 Delay in collection Rs 5- per instruments per week or part thereof for

entire lot of unserviceable instruments collected delayed subject to a

maximum of Rs 20- per instruments In case timely collection is not don as

per Para 2(B) above

2 Delay in delivery Rs2 per instrument per week or part thereof on the

entire lot of instruments delivered delayed in case delivery not made timely

as per Para 3 above

8 Quantum of EMD and PSD

EMD as per NIT - to be paid either in cash or in form of DDBankerrsquos

ChequePay Order from NationalizedScheduled Bank in favour of Accounts

Officer (Cash) BSNL Oo GMTD ndash Mehsana payable at Mehsana

Performance Security Deposit 10 of estimated cost of tender payable either in cash or DD or in form of Bank guarantee

from Nationalized BankScheduled Bank for a period of 24 months which will be released or refunded after successful

completion of contract and no due pending against contractor 9 Extension of validity of RRC period Period of RRC will normally

be one year However GMTD Mehsana reserves the right to extend it for a further period of six months or one year or part

there of under the same rates and terms and conditions

Estimated cost for the second year or part there of shall be considered same as approved for first year or part

there of on pro-rata basis

30 Signature of the Contractor

10 Eligibility The bidder should have

Experience of repairing of CLIP or EPBT Instruments in DOTBSNLGovt

PSU Private SectorFirm for one year during last five years as per NIT

11 Documents to be submitted with Technical Bid (Qualifying Bid) to establish

their eligibility for bidding

111 Experience certificate (self attested copy) issued by not below the rank of DEAGM in

DOTBSNLGovtPSUPrivate SectorFirm as required under clause 10 above

112 Self attested Copy of registration of firm (not required for proprietorship)

113 For EPF particulars submit the EPF registration certificate if applicable

(If not applicable submit the clarification as to how not applicable and submit

undertaking on Non judicial stamp paper of Rs 50- regarding submission of it within

one month after the agreement with BSNL Mehsana) If the firms which are under

partnership deed Company Pvt Ltd shall have to submit EPF registration certificate

If not obtain they shall have to obtain the earliest and latest by the time of agreement

They shall have to submit necessary undertaking certificate for this in ANNEXURE-

VI

114 Self attested Copy of Registration particulars with Central Excise for Service Tax If

undertaking is given he shall have to submit within one month before agreement failing

which there will be no agreement (If Service tax is not applicable he shall have to

submit reasons as to how it is not applicable)

115 Partnership deed amp power of attorney who has signed the bid (self attested copy) if

applicable

116 Bio-data of Tenderer in ANNAXURE--IV

117 Declaration to be given in ANNEXURE-II A amp II B

12 Rates to be quoted in ANNEXURE-III In Financial Bid to be submitted separately

in sealed cover

13 GMTD Mehsana reserves the rights to terminate RRC for breach of condition

conditions of the agreement after giving a show cause notice of 14 days and after

examination reply if any filled by him pursuance to show cause notice

14 EPF contribution in respect of LabourEmployees employed by the contractor for

execution of works of BSNL if applicable The contractor will have to

fulfillcompliance of the provisions of EPF amp Misc provisions Act1952 amp Employees

provident fund scheme-1952 by the contractor in respect of LaboursEmployees

engaged by them for performing the work of BSNL while submitting the claim of bills

towards works executed by him if applicable he must accompany the

i List showing the details of LaboursEmployees engaged

ii Duration of their engagement

iii The amount of wages paid to such LaboursEmployees for the duration in question

iv Amount of EPF contribution (both employees amp employers contribution) for the

duration of engagement in question paid to the EPF authorities

31 Signature of the Contractor

v Copies of authenticated documents of payments of such contributions to

EPF authorities and a declaration for compliance of EPF Act 1952

15 The BSNL reserves the right to disqualify such bidders who have a record of not

meeting contractual obligation against earlier contracts entered into with the

BSNL MEHSANA

16 Multiple Vendor System -The BSNL Mehsana intends to limit the number

of technically amp commercially responsive bidders to (Maximum three) from

the list of such bidders arranged in increasing order of their evaluated rate

starting from the lowest for the purpose of award of work against this

tender The distribution of quantum of work among the bidders is as per

clause of Section ndash of tender document

ldquoHowever SSA Head Mehsana reserve the right for the award of contract amp

work of entire tendered quantity to the bidder with the lowest evaluated

ratesrdquo

17 NOTE-

Tender documents containing detailed description of work terms amp conditions can be

had from Asstt General Manager (MM) Oo GMTD Mehsana 2nd Floor Admn

Building Sanchar Bhawan Pilaji Ganj Mehsana-384001 between 10=00 hours to

17=00 hours from 26102016 to 17112016 on all working days

Asstt General Manager (MM) Oo GMTD Mehsana ndash 384001

32 Signature of the Contractor

SECTION ndashVI

1 Specification and Tentative Quantum of work for repairing of EPBT amp

CLIP (approximate)

Sr

No

Name of SDE Unit

[Concern Supervising

Authority]

Quantum of Works for Tender for repairing

of EPBT amp CLIP Instruments [In No]

CLIP Inst EPBT

Inst

Buttons

Key

Plan Inst

1 SDE P MEHSANA 750 900 3 5

2 SDE G MEHSANA 225 250 5 0

3 SDE G CHANASAMA 100 0 5 0

4 SDE G CHHATRAL 350 200 0 0

5 SDEP KADI 50 0 0 0

6 SDEG KADI 50 0 0 0

7 SDEP KALOL 750 450 7 0

8 SDEG KALOL 150 50 0 0

9 SDEP VIJAPUR 60 85 2 0

10 SDEG VIJAPUR 75 95 2 0

11 SDEG MNSGZR 50 80 3 0

12 SDEG KUKARWADA 50 75 2 0

13 SDEP VISNAGAR 350 200 5 0

14 SDEG VISNAGAR 150 75 4 0

15 SDEG VADNAGAR 100 25 4 0

16 SDEG SATLASANA 75 40 3 0

17 SDEG KHERALU 100 50 3 0

18 SDEP UNJHA 500 400 3 0

19 SDEG UNJHA 100 113 2 0

20 SDEP SIDHPUR 450 300 3 0

21 SDEG SIDHPUR 200 200 5 0

22 SDEP PATAN 350 150 5 0

23 SDEG PATAN 100 50 5 0

24 SDEG HRJSAMI 100 50 4 0

Total 5235 3838 75 5

33 Signature of the Contractor

SECTION ndashVII

STANDARD SCHEDULE OF RATE (SOR) FOR REPARING OF EPBT

AND CLIP INSTRUMENT IN MEHSANA TELECOM DISTRICT (MEHSANA SSA)

To

GMTD Mehsana

Sub - Our Financial Bid for repairing of EPBT amp CLIP Instruments in Mehsana SSA

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Sir

Having examined the tender documents terms amp conditions specification of work

stipulated there in IWe the undersigned offer our rates in percentage as under

Brief description of items for

Repairing under ARC

Approx Quantity to be

repaired under ARC

SOR Per Instrument

(a) (b) (c)

(1) Repairing of CLIP Telephones

instruments

5235 No Rs 55-

(2) Repairing of Electronics Push

Button Telephones (EPBT)

3838 No Rs 23-

(3) Repairing of Buttons Key

75 No Rs 26-

(3) Repairing of Plan Instruments

5 No Rs 39-

Note- The Quantity of Clip instrument ( 5500) may be consider which AMC will be expired as per given below -

(1) AMC of 1400 PTPL instrument may be expired on 23092016

(2) AMC of 3100 PTPL instrument may be expired on 21012017

(3) AMC of 1000 PTPL instrument may be expired on 25032017

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

34 Signature of the Contractor

ANNEXURE-I

Fault analysis report of instruments of quarter ending

No of faulty

instruments

with

contractor at

the

beginning of

the period

No of faulty instruments

received by contractor

during the quarter

No of faulty instruments

repaired and returned to

Depot officer

CF No of

faulty

instruments

with

contractor

In warranty Out of

warranty

In warranty Out of

warranty

1

2

Nature of Fault

Type No Of instruments

No

dial

tone

Dial

faulty

No

ring

Poor

speechdisturbance

Dead Display

Fault

No fault

foundMisc

In

warrant

Out of

warranty

Repairing carried out

Type Faults in

TransmitterReceiver Ringer Contract

foil

PCB

Fault

Disply No fault

foundMisc

In

warrant

Out of

warranty

35 Signature of the Contractor

ANNEXURE ndashII

DECLARATION

(TO BE SUBMITTED WITH TECHNICAL BID)

IWe hereby declare that IWe have carefully gone through the Terms amp Conditions of

Tender Notice Invited vide No MMTenderMehsana2016-1706 Dated 26102016 in

detail and agree to the rate submitted by MeUs in the rate sheet and IWe agree in full to

abide by them

1) Signature of the Party ___________________________________

Full Name ___________________________________

(In block letter) ___________________________________

2) Full address ___________________________________

___________________________________

___________________________________

___________________________________

Tele No (O)________________________________

(R)________________________________

3) Capacity in which the __________________________________

Tender is signed

Rubber stamp is required) __________________________________

__________________________________

Date Signature of the Tenderer with seal

36 Signature of the Contractor

ANNEXURE ndash IV

DECLARATION REGARDING EPF TO BE GIVEN ON NON-JUDICIAL STAMPS

PAPER OF RS 100-

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

I helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipProprietor of

Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip do here by declare

that I am the proprietor of my above firm I am carrying out the repairing of

EPBT amp CLIP my self I do not engage labour So EPF is not applicable to

me

However the decision of the competent authority shall be binding to me in

this regard

Name of the Bidder

Signature of the Bidder with Seal

37 Signature of the Contractor

ANNEXURE ndash V

Undertaking to be given for compliance of EPF Registration certificate

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

We the partners Directors of the firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Do here by undertake that if our tender is accepted we will submit the EPF Registration

certification at the earliest latest by one month after the agreement carried out with the

BSNL Mehsana for execution of works for repairing of EPBT amp CLIP Instruments in

Mehsana SSA failing which the decision of the competent authority will be binding on us

To be signed by all Partners directors

38 Signature of the Contractor

ANNEXURE ndash VI

LETTEROF AUTHORISATION FOR ATTENDING BID OPENING

Tender Number MMTenderMehsana2016-1706 Dated 26102016

Subject Authorisation for attending bid opening on___________________(date) the

tender of following persons are hereby authorised to attend the bid opening

for the tender mentioned above on behalf of ______________________

(Bidder) in order of preference given below

Order of Preference Name

Specimen Signatures

I

II

Alternate

Representative

Signatures of

bidder

Or

Officer authorised to sign the bid

Documents on behalf of the bidder

No 1 Maximum of two representatives will be permitted to attend bid opening In

case where it is restricted to one first preference will be allowed Alternate

representative will be permitted when regular representatives are not to able

attending

2 Permission for entry to the hall where bids are opened may be refused in case

authorisation as prescribed above is not recovered

39 Signature of the Contractor

ANNEXURE ndash VII

INTEGRITY PACT

Between

Bharat Sanchar Nigam Limited (BSNL) GMTD-Mehsana hereinafter referred to as ldquoThe

Principalrdquo

And

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphereinafter referred to as ldquoThe BidderContractorrdquo

Preamble

The Principal intends to award under laid down organizational procedures contracts for --

----------------------------------------- The Principal values full compliance with all relevant

laws and regulations and the principles of economic use of resources and of fairness and

transparency in its relations with its Bidders and Contractors

In order to achieve these goals the Principal will appoint an Independent External Monitor

who will monitor the tender process and the execution of the contract for compliance with

the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to

observe the following principles -

(a) No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for

or accept for himherself or third person any material or immaterial benefit which heshe

is not legally entitled to

(b) The Principal will during the tender process treat all Bidder(s) with equity and reason

The Principal will in particular before and during the tender process provide to all

Bidder(s) the same information and will not provide to any Bidder(s)

confidentialadditional information through which the Bidder(s) could obtain an advantage

in relation to the tender process or the contract execution

(c) The Principal will exclude from the process all known prejudiced persons

(2) If the Principal obtains information on the conduct of any of its employees which is a

criminal offence under the relevant Anti-Corruption Laws of India or if there be a

substantive suspicion in this regard the Principal will inform its Vigilance Office and in

addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder(s)Contractor(s)

(1) The Bidder(s)Contractor(s) commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation

in the tender process and during the contract execution

(a) The Bidder(s)Contractor(s) will not directly or through any other person or firm offer

promise or give to any of the Principalrsquos employees involved in the tender process or the

40 Signature of the Contractor

execution of the contract or to any third person any material or immaterial benefit which

heshe is not legally entitled to in order to obtain in exchange any advantage of any kind

whatsoever during the tender process or during the execution of the contract

(b) The Bidder(s)Contractor(s) will not enter with other Bidder(s) 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

(c) The Bidder(s)Contractor(s) will not commit any offence under the relevant Anti-

corruption Laws of India further the Bidder(s)Contractor(s) will not use improperly for

purposes of competition or personal gain or pass on to others any information or

document provided by the Principal as part of the business relationship regarding plans

technical proposals and business details including information contained or transmitted

electronically

(d) The Bidder(s)Contractor(s) will when presenting his bid disclose any and all

payments he has made is committed to or intends to make to agents brokers or any other

intermediaries in connection with the award of the contract

(2) The Bidder(s)Contractor(s) will not instigate third persons to commit offences outlined

above or be an accessory to such offences

Section 3 ndash Disqualification from tender process and exclusion from future contracts

If the Bidder(s)Contractor(s) before contract award or during execution has committed a

transgression through a violation of Section 2 above or in any other form such as to put his

reliability or credibility in question the Principal is entitled to disqualify the

Bidder(s)Contractor(s) from the tender process or take action as per the defined procedure

Section 4 ndash Compensation for Damages

(i) If the Principal has disqualified the Bidder(s) from the tender process prior to the award

according to Section 3 the Principal is entitled to demand and recover the damages

equivalent to Earnest Money Deposit Bid Security

(ii) If the Principal has terminated the contract according to Section 3 or if the Principal is

entitled to terminate the contract according to section 3 the Principal shall be entitled to

demand and recover from the Contractor the amount equivalent to Security Deposit

Performance Bank Guarantee in addition to any other penalties recoveries as per terms

and conditions of the tender

Section 5 ndash Previous transgression

(i) The Bidder declares that no previous transgression occurred in the last 3 years with any

other Company in any country conforming to the Anti-corruption approach or with any

other Public Sector Enterprise in India that could justify his exclusion from the tender

process

(ii) If the Bidder makes incorrect statement on this subject he can be disqualified from the

tender process or action can be taken as per the defined procedure

Section 6 ndash Equal treatment of all BiddersContractorsSubcontractors

41 Signature of the Contractor

(i) The principal will enter into agreements with identical conditions as this one with all

BiddersContractors

(ii) The Bidder(s)Contractor(s) undertake(s) to demand from all subcontractors a

commitment in conformity with this Integrity Pact

(iii) The Principal will disqualify from the tender process all bidders who do not sign this

Pact or violate its provisions

Section 7 ndash Criminal charges against violating

Bidder(s)Contractor(s)Subcontractor(s)

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or

of an employee or a representative or an associate of a Bidder Contractor or

Subcontractor which constitutes corruption or if the Principal has substantive suspicion in

this regard the Principal will inform the Corporate Vigilance Office

Section 8 ndash External Independent MonitorMonitors

1 Principal appoints competent and credible Independent External Monitor for this Pact

The task of the Monitor is to review independently and objectively whether and to what

extent the parties comply with the obligations under this agreement

2 The Monitor is not subject to instructions by the representatives of the parties and

performs his functions neutrally and independently He reports to the CMD of the BSNL

3 The Bidder(s)Contractor(s) accepts that the Monitor has the right to access without

restriction to all Project documentation of the Principal including that provided by the

Contractor The Contractor will also grant the Monitor upon his request and demonstration

of a valid interest unrestricted and unconditional access to his project documentation The

same is applicable to Subcontractors The Monitor is under contractual obligation to treat

the information and documents of the Bidder(s)Contractor(s)Subcontractor(s) with

confidentiality

Notwithstanding anything contained in this Section the Bidder(s)Contractor(s) shall have

no obligation whatsoever to provide any internal costing mechanisms or any internal

financial or commercial data pursuant to any audit or review conducted by or on behalf of

the Principal Further the Bidder(s)Contractor(s) shall not be required to provide any data

relating to its other customers or any personnel or employee related date

4 The Principal will provide to the Monitor 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 Principal and the Contractor The parties offer to the

Monitor the option to participate in such meetings

5 As soon as the Monitor notices or believes to notice a violation of this agreement he

will so inform the Management of the Principal and request the Management to

discontinue or take corrective action or to take other relevant action The monitor can in

this regard submit non-binding recommendations Beyond this the Monitor has no right to

demand from the parties that they act in a specific manner refrain from action or tolerate

action

42 Signature of the Contractor

6 The Monitor will submit a written report to the Chairperson of the Board of the Principal

within 8 to 10 weeks from the date of reference or intimation to him by the lsquoPrincipalrsquo and

should the occasion arise submit proposals for correcting problematic situations

7 If the Monitor has reported to the CMD of the BSNL a substantiated suspicion of an

offence under relevant Anti-Corruption Laws of India and the BSNL has not within

reasonable time taken visible action to proceed against such offence or reported it to the

Corporate Vigilance Office the Monitor may also transmit this information directly to the

Central Vigilance Commissioner Government of India

8 The word lsquoMonitorrsquo would include both singular and plural

Section 9 ndash Pact Duration

This Pact begins when both parties have legally signed it It expires for the Contractor 12

months after the last payment under the contract and for all other Bidders 6 months after

the contract has been awarded

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 dischargeddetermined by

CMD BSNL

Section 10 ndash Other provisions

1 This agreement is subject to Indian Law Place of performance and jurisdiction is the

Registered Office of the Principal ie New Delhi The arbitration clause provided in the

tender document contract shall not be applicable for any issue dispute arising under

Integrity Pact

2 Changes and supplements as well as termination notice need to be made in writing

3 If the Contractor is a partnership or a consortium this agreement must be signed by all

partners or consortium members

4 Should one or several provisions of this agreement turn out to be invalid the remainder

of this agreement remains valid In this case the parties will strive to come to an agreement

to their original intensions

------------------------------------ ----------------------------------

For the Principal For the BidderContractor

Placehelliphelliphelliphelliphelliphelliphelliphellip Witness 1 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphellip Witness 2 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

43 Signature of the Contractor

Anexx-VIII

AGREEMENT

This agreement made on thishelliphelliphellip day of helliphelliphellip Yearhelliphelliphelliphellip Between hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphellipHerein after called ldquo The contractorrdquo (which expression shall unless excluded by or

repugnant to the context include its successors heir executors administrative representative and

assignee) of the one part amp the BSNL (GMTD Mehsana) herein after referred to as the BSNL of

other part Tender No MMTenderMehsana2016-1706 Dated 26102016

Where as the contractor has offered to enter with the said BSNL for the contract for repairing of

EPBT amp CLIP Plan instruments amp Buttons Key in Mehsana SSA Mehsana Telecom District on

the terms and conditions herein contained and the rates approved by the BSNL (copy of rates

annexed) have been dully accepted and whereas the necessary security deposit have been furnished

in accordance with the provision of the tender documents and whereas no interest will be claimed

on the security deposit Now these presents witness and it is hereby agreed and declared by and

between the partiesrsquo presents as follows

(1) The contractor shall during the period of this contract that is to say fromhelliphelliphelliphelliphellipTo

helliphelliphelliphellip or completion of work whichever is earlier or until this contract shall be

determined by such notice as is herein after mentioned safely carried out by means of

Labours employed at his own expense and by means of tools implements of equipments

etc to be supplied by him to his Labours at his own expense all work of repairing of

EPBT amp CLIP instruments as described in tender documents (annexed to the agreement)

when the BSNL or any other person authorized by GMTD Mehsana in that behalf require it

is under stood by the contractor that the quantity of work mentioned in the schedule is

likely to change as per actual requirement as demanded by exigencies of service

(2) The Notice Inviting Tender Bid documents (qualifying and financial) letter of intent

approved rates annexed here to and such other additional particulars instructions

drawings work orders as may be found requisite to be given during execution of work

shall be deemed and taken to be an integral part of the contract and shall be deemed to be

included in the expression ldquoThe agreement) or ldquoThe Contractrdquo wherever herein used

(3) The contractor also supplies the requisite number of workmen with means and materials as

well as tools appliances vehicles for transportation cartage etc required for the proper

execution of work within the prescribed in the work orders

(4) The contractor hereby declares that no body connected with or in the employment of the

BSNL is notshall not ever be admitted as partner in the contract

(5) The contractor shall abide by the terms and conditions rules guide lines constructions

particulars safety precautions etc stipulated in the tender documents including any

correspondence between the contractor and the BSNL having bearing on execution of work

and payments of work to be done under the contract

In witness whereof the partiesrsquo presents have here in to set their representative hands and

seals the day and year in

Signed sealed amp Delivered by

The above named contractor in the presence of

Above written

Witness

(1)

(2) Signed and delivered on behalf of BSNL

Witness

(1)

(2)

44 Signature of the Contractor

ANNEXURE-IX - UNDERTAKING

This deed of undertaking executed on this helliphelliphellip day ofhelliphelliphelliptwo thousand andhelliphellip

by (name of sole proprietorpartnerdirectorauthorized representative the firm

company trust society etc)helliphelliphelliphelliphelliphelliphelliphelliphelliphellipSO helliphelliphelliphelliphelliphelliphelliphellip

residing athelliphelliphelliphelliphelliphelliphelliphelliphelliphellipOn behalf of said helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of the firm company Trust Society etc) having its office athelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

and dully authorized to sign file and verify present undertaking by the said hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of Firm company Society etc) in favour of Bharat Sanchar Nigam Ltd a

Government Of India undertaking having its registered office at Statesman

HouseB-148 Barkhamba Road New Delhi and local office at Administrative

Building Sanchar Bhawan BSNL Pilaji Ganj Mehsana-1 here in after called

BSNL (which terms shall mean and include its successors administrators heirs and

assigns Where as MS BSNL invited bids for repairing of EPBT amp CLIP instruments in Mehsana SSA

IWe participated in the bidding process and emerged as successful bidder with respect to tender No

MMTenderMehsana2016-1706 Dated 26102016

IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Acknowledge that IWe have fully under

stood and aware of the terms amp conditions of the Tendercontract and do hereby unequivocally and

unconditionally undertake and declare that

(1) IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip shall comply with all

the rulesRegulationsLawsGovernment instructionsstatus etc that are

applicable will be made applicable and or are aimed to protect the interest of

the workersemployees engaged by meus in the past and during the course of

performance of the contract with BSNL

(2) IWe shall fully protect indemnity and hold harmless BSNL and its employees

officers Directors agents judgments damages fines penalties and costs

(including legal costs and disbursements) arising from or relating to

Any breach violation of any direction order from any governmental

authority any provisions of the labour laws or any other laws status or

regulations that are or will be aimed to protect the interest of the

workersLabours engaged by the contractors in past and during the

course of this contract

OR

Any other payments claims or liability that may arise for ensuring

compliance of the provisions of any of the labour laws or any other laws

etc OR

Any other claim made by any third party in connection with any violation

of any laws guide lines instructions etc

In witness whereof this undertaking has caused on thehelliphelliphelliphelliphelliphellip

DayhelliphelliphelliphelliphellipMonth ofhelliphelliphellip Year

Date

Place

Signature

Name

Designation

Witness 1 2helliphelliphellip

45 Signature of the Contractor

ANNEXURE-X

E-Tendering Instructions to Bidders

These Special Instructions (for e-Tendering) supplement lsquoGeneral instructions to Biddersrsquo as enclosed in Section IV of this E-Tender Document Wherever there is a conflict the provisions herein shall prevail over those in other pages of this document

Submission of Bids only through online process is mandatory for this Tender

For conducting electronic tendering BSNL Mehsana is using the portal

(httpeprocurementsynisecombsnl1gujarat) of Ms Synise Technologies ltd Pune A - Submission of tender

1 The bidding process will be accepted only through e-tendering platform 2 Availability of e-tendering document e-tender document can be obtained by

downloading it from the website httpeprocurementsynisecombsnl1gujarat the

physical copy of the Tender document would not be available for sale

3 The Tender document shall not be available for download on its submissionclosing date B - General 1 Tender Bidding Methodology

Sealed Bid System ndashldquoSingle Stage using two envelopsrdquo

In this case of two envelope system Financial amp Techno-commercial bids shall be

submitted by the bidder at the same time

2 Broad outline of activities from Bidders prospective

1 Procure a Digital Signing Certificate (DSC)

2 Register on Electronic Tendering System (RETS)

3 Create Users and assign roles on ETS

4 View Notice Inviting Tender (NIT) on ETS

5 Download Official Copy of Tender Documents from ETS

6 Clarification to Tender Documents on ET Query to BSNL (Optional)

View response to queries posted by BSNL as addenda

7 Bid-Submission on ETS

8 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Techno-commercial Part

9 View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond to BSNLrsquos Post-TOE queries

10 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Financial-Part (Only for Technical Responsive Bidders)

For participating in this tender online the following instructions need to be read

carefully These instructions are supplemented with more detailed guidelines on

the relevant screens of the ETS

3 Digital Certificates

For integrity of data and its authenticity non-repudiation of electronic records and be compliant with IT Act 2000 it is necessary for each user to have a Digital Certificate (DC) also referred to as Digital Signature Certificate (DSC) of Class 2 or above issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer httpwwwccagovin]

4 Registration

To use the Electronic Tenderreg portal ( httpeprocurementsynisecombsnl1gujarat) vendor needs to register on the

46 Signature of the Contractor

portal Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e-tendering activities In ETS terminology this person will be referred to as the Super User (SU) of that organization For f u r ther details

p lease v is i t the websiteportal and follow further instructions as given on the site You may also contact tender wizard Helpdesk (as given below) to get your registration acceptedactivated Tender wizard Helpdesk

Telephone 020-30277517 020-30277522020-30277516

[between 1000 hrs to 1800 hrs on working days]

Mobile Nos Mr Hiren Pandar 7774013247 7774013248

E-mail ID helpdesksynisecom [Please mark CC

hirenpsynisecom]

BSNL Contact-1

BSNLrsquos Contact Person AGM MM Mehsana

Telephone Mobile (02762-220855222900)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID agmmmmehbsnlin

BSNL Contact-2

BSNLrsquos Contact Person SDE MM-Mehsana

Telephone Mobile (02762-221855)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID mehsdemm2bsnlin 5 Bid related Information for this Tender (Sealed Bid)

The entire bid-submission would be

online on ETS Broad outline of

submissions are as follows

Submission of digitally signed copy of Tender DocumentsAddendumaddenda

Two Envelopes

Techno-commercial -Part

Financial-Part

Note -

i) If some document is not applicable for the bidder then he has to upload

scanned copy of paper mentioning ldquoThe document ltNamegt called vide

clause helliphelliphelliphelliphelliphelliphellip is not applicable on usrdquo

ii) If document asked for contains more than one page then all those pages may be uploaded in one PDF format file

iii) Please take care to scan documents such that the total size of

documents to be uploaded remains minimum However it shall be sole

responsibility of bidder that the uploaded documents remain eligible

6 Offline Submissions

The bidder is requested to submit the following documents offline to AGM (MM) 2nd Floor Sanchar Bhawan Pilaji Ganj Mehsana-384001 on or before the date amp

time of submission of bids specified in covering letter of this tender

47 Signature of the Contractor

document in a Sealed Envelope The envelope shall bear (name of the tender) the tender number and the words lsquoDO NOT OPEN BEFORErsquo (due date amp time)

1 EMD-Bid Security in Original

2 DD Bankers cheque against payment of tender fee

3 Power of attorney (if applicable) Note The bidder has to upload the Scanned copy of all above said documents during

online Bid submission also

7 Special Note on Security of Bids

Security related functionality has been rigorously implemented in ETS in a multi-dimensional manner Starting with Acceptance of Registration by the Service Provider provision for security has been made at various stages in Electronic Tenderrsquos software Security related aspects as regard Bid Submission are outlined below

As part of the Electronic Encryptertrade functionality the contents of both the lsquoElectronic Formsrsquo and the lsquoMain-Bidrsquo are securely encrypted using a Pass-Phrase created by the Bidder himself Unlike a lsquopasswordrsquo a Pass-Phrase can be a multi-word sentence with spaces between words (eg I love this World) A Pass-Phrase is easier to remember and more difficult to break It is recommended that a separate Pass-Phrase be created for each Bid-Part This method of bid- encryption does not have the security and data-integrity related vulnerabilities which are inherent in E-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid- encryption Bid-encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE) even if there is connivance between the concerned tender- opening officers of the Buyer organization and the personnel of e-tendering service provider

Typically lsquoPass-Phrasersquo of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself when demanded by the concerned Tender Opening Officers who will open the bid Else Tender Opening Officer may authorize the bidder to open his bid himself There is an additional protection with SSL Encryption during transit from the client-end computer of a Supplier organization to the e-tendering server portal

8 Public Online Tender Opening Event (TOE)

ETS offers a unique facility for lsquoPublic Online Tender Opening Event (TOE)rsquo Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices For this purpose representatives of bidders (ie Supplier organization) dully authorized are requested to carry a Laptop and Wireless Connectivity to Internet Every legal requirement for a transparent and secure lsquoPublic Online Tender Opening Event (TOE)rsquo has been implemented on ETS As soon as a Bid is decrypted with the corresponding lsquoPass-Phrasersquo as submitted online by the bidder himself (during the TOE itself) salient points of the Bids are simultaneously made available for downloading by all participating bidders The work of taking notes during a manual lsquoTender Opening Eventrsquo is therefore replaced with this superior and convenient form of lsquoPublic Online Tender Opening Event (TOE)rsquo ETS has a unique facility of lsquoOnline Comparison Chartrsquo which is dynamically updated as each online bid is opened The format of the chart is based on inputs provided by the Buyer for each Tender The information in the Comparison Chart is based on the data submitted by the Bidders in electronic forms A detailed Technical and or Financial Comparison Chart enhances Transparency Detailed instructions are given on relevant screens

48 Signature of the Contractor

ETS has a unique facility of a detailed report titled lsquoMinutes of Online Tender Opening Event (TOE)rsquo covering all important activities of lsquoOnline Tender Opening Event (TOE)rsquo This is available to all participating bidders for lsquoViewing Downloadingrsquo

There are many more facilities and features on ETS For a particular tender the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer

NOTE In case of internet related problem at a bidderrsquos end especially during lsquocritical

eventsrsquo such as ndash a short period before bid-submission deadline during online

public tender opening event etc it is the bidderrsquos responsibility to have backup

internet connections In case there is a problem at the e- procurement

service-providerrsquos end (in the server leased line etc) due to which all the

bidders face a problem during critical events and this is brought to the notice

of BSNL by the bidders in time then BSNL will promptly re-schedule the

affected event(s)

9 Other Instructions

For further instructions the vendor should visit the home-page of the portal

( httpeprocurementsynisecombsnl1gujarat) and go to the User-Guidance Center The help information provided through lsquoETS User-Guidance Centerrsquo is available in three categories ndash

Users intending to Register First-Time Users Logged-in users of Buyer organizations and Logged-in users of Supplier organizations Various links are provided under each of the three categories Note It is strongly recommended that all authorized users of Supplier

organizations should thoroughly peruse the information provided under the

relevant links and take appropriate action This will prevent hiccups and minimize

teething problems during the use of ETS

The following lsquoFOUR KEY INSTRUCTIONS for BIDDERSrsquo must be assiduously adhered to

1 Obtain individual Digital Signing Certificate (DSC or DC) well in advance of

your first tender submission deadline on ETS

2 Register your organization on ETS well in advance of your first tender submission deadline on ETS

3 Get your organizationrsquos concerned executives trained on ETS well in advance of your first tender submission deadline on ETS

4 Submit your bids well in advance of tender submission deadline on ETS as

there could be last minute problems due to internet timeout breakdown etc

While the first three instructions mentioned above are especially relevant to first-time users of ETS the fourth instruction is relevant at all times

10 Minimum Requirements at Bidders end

Computer System with good configuration (Min P IV 1 GB RAM Windows XP)

Broadband connectivity

Microsoft Internet Explorer 60 or above

Digital Certificate(s) for users

49 Signature of the Contractor

ANNEXURE-III

RATE SHEET

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Rate should be quoted in below Rate Sheet

Sr

No

Rates Quoted By Bidder With Respect to SOR (Schedule Of Rate)

Particulars In Figure In Words

1 Above Of SOR

2 Below Of SOR

3 AT PAR

[At Same Rates of SOR]

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

Signature of the Bidder with Seal

Note

1 All faulty instruments are to be repaired except fully broken or fully burnt due to

electric hazards

2 The work may be offered to more than one contractor if required

Signature of the Tenderer with seal

Full Name _____________________

Full Address________________________

  • TABLE OF CONTENTS
    • CERTIFICATE REGARDING NEAR RLATIVES
      • LETTEROF AUTHORISATION FOR ATTENDING BID OPENING
      • Signed sealed amp Delivered by
      • Above written
        • ANNEXURE-IX - UNDERTAKING

8 Signature of the Contractor

(ii) As per BSNL of Indiarsquos CCS Conduct rule 4 no BSNL 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 contract to his official superior

This clause is applicable to all BSNL employees and in view of this as soon as

any BSNL employees 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 EngineerChief ArchtCorporate 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

HeadChief EngineerChief ArchtCorporate office under whom he is posted

(iii) 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

SSACircleChief EngineerChief ArchitectCorporate Office for non executive

employees and all SSA in a circle including circle officeChief Eng Chief Arch

Corporate Office for executive employees (including those called as Gazetted

Officers at present The tenderer should give a certificate that none of hisher

such near relative is working in the units as defined above where he is going to

apply for tenderwork 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

tenderwork will be cancelled and earnest money security deposit will be

forfeited at any stage whenever it is so noticed The BSNL will not pay any

damages to the company or firm or the concerned person The company or

firm or the person will also be debarred for further participation in the

concerned unit

(End of Section III)

9 Signature of the Contractor

Section IV

GENERAL CONDITIONS OF CONTRACT

Bids are invited in two Bid systems Technical Bid (Qualifying) amp Financial Bid (Price

bid)

Method of preparation of Bids

Bids for this tender should be submitted online amp offline in three steps placed as under

these steps should contain the following

Through-

Channel

Bid Envelopes Offline E-tender Online

First-Offline Bid Security (EMD) amp

Tender Fees

DDPay order Bankerrsquos Check for Bid

Security(EMD)amp Tender Fee

Second-Online Tech Bid (Qualifying Bid) Containing documents as per clause 11

of special terms amp conditions

Third-Online Financial Bid (Price bid) Rates quoted by the bidder in

percentage belowabove at par of SOR

The bidder can participate in the E-tender by downloading amp uploads tender from

httpseprocurementsynisecombsnl1gujarat and bidder should submits ldquoTechnical Bidrdquo and

ldquoFinancial Bidrdquo through E-tender site and one envelope the name of Bidder and ldquoTender

fees amp EMD with important documentrdquo may be clearly noted and should be properly

sealed This envelope should bear ldquoTender for Repairing of EPBT amp CLIP instruments in

Mehsana SSArdquo Tender No MM Tender Mehsana 2016-1706 Dated 26102016

DEFINITIONS

The contract means the documents forming the tender and acceptance thereof and the

formal agreement executed between the B S N L and the contractor together with

documents referred to there in including the conditions of contract the specification

designs drawing and instructions issued from time to time by the Official in charge and all

these documents taken together shall be deemed to form one contract and shall be

complementary to one another

1 In the contract the following expressions shall unless where the context otherwise

required have the meaning hereby respectively as signing them

a) The expression (works) or work shall unless there be something either in the subject or

context repugnant to such construction be construed and taken to mean the works by or

by virtue of the contract contracted to be executed whether temporary or permanent

and whether original altered substituted or additional

b) The contractor shall mean the individual or firm or company whether incorporated or

10 Signature of the Contractor

not undertaking the work and shall include the legal personal representative of such

firm or company and the permitted assignees or such individual or the person

composing such firm or company or the successor individual or firm or firms company

c) The designated official nominated representative of the Company means any official

nominated by the GMTD Mehsana to deal with the contractor for making over

material equipment etc to the contractor and to certify the work done by the

contractor

d) The BSNL means the Bharat Sanchar Nigam Limited and his successor

e) GMTD Mehsana

f) The department will mean any office of the BSNL

g) Company means Bharat Sanchar Nigam Limited

h) All reference of -

(i) DepartmentCompany

(ii) General Manager Telecommunications

(iii) Dy General Manager

(iv) Divisional Engineer

(v) Sub Divisional Engineer

(vi) Junior Telecom Officer

(vii) Junior Engineer

(viii) Accounts Officer

(ix) Junior Accounts Officer

In various clauses shall be taken to mean -

i) (i) Bharat Sanchar Nigam Limited a PSU under the Ministry of

Communications Government of India

(ii to ix) The Officers in their respective gradesgroups employed in the company by

whatever designations are assigned to them from time to time and who may be in-charge of

direction execution supervision testing acceptance maintenance of accounts and disposal

of claims from time to time and includes their successors in office Words imparting the

singular number include the plural number and vice-versa

CLAUSES

1 PERIOD OF VALIDITY

Validity of this Bid is 120 days

The rates quoted should be firm and valid for any work that may be issued for period of

11 Signature of the Contractor

one year or up to extended period of contract from the date of issue of final allocation of

the tender or until the completion of the work assigned under each work order whichever is

later

2 LABOUR

a) The contractor shall be responsible for the transportation storage and safe custody of

all EPBT amp CLIP issued to him by the Company The Contractor shall satisfy himself

regularly the quality and quantity of the materials supplied to him and he will be

responsible for any subsequent deterioration and discrepancy (inclusive of theft) in the

quality quantity of the materials

b) The contractor shall submit a proper account every month of all the EPBT amp CLIP

made over to him by the Company and those returned back duly repairs Any

discrepancy or difference between the EPBT amp CLIP issued to the contractor and those

repaired as per the Company s calculation (which shall be final) will be charged to the

contractor or deducted from his bills at cost price including freight handling charges

storage charges etc plus 20 percent departmental charges

c) On completion of the work the contractor shall return to the Company at the latterrsquos

designated store in good condition free of charges any un repaired EPBT amp CLIP that

were supplied by the Company and contractor shall obtain written receipt of goods In

absence of such written receipt it is presumed that goods in question have not been

returned

d) The contractor while taking delivery of EPBT amp CLIP handed over by the Company at

the designated place shall thoroughly inspect all items before taking them over Once

the EPBT amp CLIP are made over to the contractor it shall be his responsibility for safe

custody till taking over of the complete work by the Company Any pilferage damage

etc to the EPBT amp CLIP shall be at the risk and cost of the contractor and charges for

such unaccounted EPBT amp CLIP shall be decided in accordance with (b) above

e) Notwithstanding any thing else herein stated the contractor shall furnish and pay for

all supervision labour tools supplies construction equipment and consumable

materials as may be necessary for the performance of the work and the cost of these

shall be included in the unit repair prices quoted by the Tenderer at the time of

submitting his tender and payable to the contractor

3 GUARANTEE

In addition to any and all other guarantee and warranty mentioned in the contract

documents the contractor guarantees that the entire work will be done in a satisfactory

manner and free from any defect in workmanship and finish and unconformity in all

respect with the specification and direction The contractor also undertakes to repair or

replace as the case may be at his own cost and risk any part of the work which may

damage or that may develop any defects due to bad workmanship or other wise due to the

fault of contractor within a period of agreement

4 METHOD AND MANNER OF PERFORMANCE

The contractor shall be an independent contractor and shall have complete charge of the

men engaged in performance of the work to the performed hereunder and shall perform the

works in accordance with his own methods and at his own risk subject to compliance with

12 Signature of the Contractor

the contract documents The contractor shall throughout the stipulated period of the

contract execute the work in the best contract substantial workmanlike manner and both as

regards manuals and otherwise in respect in strict accordance with the contract documents

or such other additional particulars instruction and drawing as may be found requisite to

be given during execution of the work in force good order among his employees and shall

not employ on the works any unfit person or anyone not capable or not properly qualify to

properly perform the work assigned to him The contractor shall also not employ in respect

of the work or discontinue to employ in respect of the works any employee that the

GMTD MEHSANA SDE may for any reason object to

5 SUB CONTRACTORS

51 The contractor shall not assign subcontract or sublet the whole or any part of the

works covered by the contract or any benefit thereof without the prior written approval of

the GMTD MEHSANA Copies of all agreements entered into with any permitted or sub

contracts including rates for item of work sub-contracted shall be furnished to obtain in

writing prior approval of the GMTD MEHSANA in this behalf before the sub-contract or

the agent or the assignee as the case may be allowed to do work under the contract

52 The GMTD MEHSANA reserves the right to refuse or permit any person or

organization or sub-contractor to particulars in the works covered by the contract The

assignment or sub-contracting or subletting of any such work if permitted by the GMTD

MEHSANA shall not relieve the contractor of any of his liabilities and responsibilities

hereunder the intention being that notwithstanding any assignment or subletting or sub-

contracting the contractor shall be and remain primarily and principally liable to the

Company in terms hereof and for the due fulfillment of the contracted works any assignee

or sub-contractor being regarded merely as the agency of the contractor

53 Each assignee and sub-contractor shall be covered by the contract documents and shall

perform the work which he takes up in accordance with The Company will have the same

privileges and rights with respect to the inspection of work of assignees or sub-contractors

as are provided for under the contract documents governing the work of the contract

54 The contractor shall indemnify and save harmless the Company from and against all

actions suits proceedings loses costs damages charges claims and demands whatsoever

either in law or in enquiry and all costs (inclusive between attorney and client) and charges

and expenses that the Company may sustain suffer or incur arising from or out of or

incidental (to in connection with any act or commission) of the contractor his agent

employee assignee or sub contractor The provision shall also apply to the sub-contractor

or assignee as the case may be

6 REPRESENTATIVE OF THE COMPANY

The Company shall be represented by the GMTD who will be in charge of the work

The Company representative in works site shall be the designated officials or such other

representative as the GMTD MEHSANA may from time to time designate in writing

Notice given in writing by the designated official or GMTD shall be deemed to be

notices given by the Company to the contractor The designated official and such other

representative as GMTD may designate in writing shall be deemed to be authorized

officer to represent the Company in respect of the work of any designated section any

decision agreement or instructions in writing by the Company representative as aforesaid

which is within his powers shall be binding on the contractor

13 Signature of the Contractor

7 REPRESENTATIVE OF CONTRACT

The contractor shall furnish to the Company the scheme of his intended organization and

nominated representative to whom the Company representative can make known decisions

authorizations and interpretations The contractor shall within 10 days after the execution

of the contractagreement notify the Company the name(s) and address(s) of the

representative(s) along with the specimen signature Any change in name and address of

any representative notified aforesaid should be promptly intimated in writing to the

Company Notices given in writing to the representative shall be deemed to be notices

given to contractor This representative shall be fully authorized to represent contractor on

matters involving more than one section of work notification in respect of whom shall

likewise be given to the Company and who shall likewise be the contractors representative

in terms aforesaid

8 INTERPRETATION OF THE CONTRACT DOCUMENTS

The GMTD MEHSANA and the contractor shall in so far as possible by mutual

consultation try and decide upon the meaning and intent of the contract documents In case

of disagreement the dispute will be referred to the sole Arbitrator as provided in the

contract Any change in the contract document shall be set forth in writing by the

representative of the parties hereto It shall be the contractorsrsquo responsibility to thoroughly

familiarize all of his supervisory personnel with the contents of all the contract documents

9 CHANGES EXTRA WORK amp QUANTUM OF WORK

91 Change used herein means a substitution for omission of any work or other

requirement within general scope of the work the performance of the compliance with

which is contemplated by the contract documents

92 Extra work as used herein means any works of compliance with any requirement

other than a change which is not expressly or implied contemplated by the contract

documents and which is necessary to be performed for the proper completion of the

contracted work For the purpose of clarification it is declared that any work or operation

which shall be necessarily incidental to the proper performance of any item of work or part

thereof shall be deemed to have been by implication provided for in the relevant item of

work or part thereof and shall not constitute extra work

93 The GMTD MEHSANA may at his absolute discretion make change in the work

provided for in the contract documents including the commencement of the work and may

require the performance of extra work by the contractor

94 The contractor shall not undertake or make any change or do any work under this

contract unless he has received written instructions from the representative of the

Company

95 The contractor shall not be entitled to any compensation in addition to the contract

price for the performance of any work not envisaged under the contract unless prior to the

performance of such work he has received from the designated official in written

authorization for performance such work

96 For Extra work within the scope of this contract the contractor will receive extra

compensation on the basis of a lump sum unit price as may be agreed upon in advance

between the GMTD MEHSANA and the contractor

14 Signature of the Contractor

97 (a) in cases of such of the works where interpolations of the rates are possible such

rates shall be accepted by both the parties

(b) If the altered additional or substituted work includes any work for which no rates are

specified in the contract for the work can be derived from similar class of work in the

contract than such work shall be carried out at the rate determined by the designated

official on the basis of the prevailing market rates where the work was done

(c) If the rates for the altered additional or substituted work cannot be determined in the

manner specified above then the contractor shall within 7 days of the date of receipt of

order to carry out the work inform the Designated official of the rate which it is his

intention to charge for such class of work supported by analysis of the rate or rates

claimed and the designated official shall determine the rates on the basis of prevailing

market price and pay the contractor accordingly However the Designated official by

notice in writing will be at liberty to cancel his order to carry out such class of work and

arrange to carry it out in such manner as he may consider advisable

98 The quantum of work mentioned in the tender is approximate and subject to vary

However for evaluation purpose the quantum as mentioned in the tender will only be taken

into account

910 The quantum of works (Estimated Cost) of the tender is purely tentative and it can

vary as per requirement of BSNL Mehsana and so successful contractor may not

challenge to BSNL Mehsana in respect to the works of this tender

911 The estimated cost or quantum of work may vary on the basis of actual requirement at

the discretion of GMTD Mehsana limited to + 25 without any change in approved rates

terms amp conditions of contract

10 QUALITY OF WORK

The Company shall be the final judge of the quality of the work and the satisfaction of

the standards in respect thereof set forth in the contract documents Laxity or failure to

enforce compliance with the contract documents by the Company and or its

representative shall not manifest a change or intent or waiver the intention being that

notwithstanding the same the contractor shall be and remain responsible for complete and

proper compliance with the contract documents and the specification therein The

GMTD MEHSANA has the right to prohibit the use of men and any tools materials or

equipments which in his opinion do not produce work or performance meet the

requirement of the contract documents

1l PROTECTION OF WORK

The contractor shall be responsible for all materials equipment furnished or supplied by

the company while in the contractors custody

12 NOTIFICATION

The contractor shall give in writing to the proper person or authority with a copy to the

GMTD MEHSANA such notification as may be mandatory or necessary in connection

with the commencement suspension resumption performance and or completion of the

contracted work All notices shall be given sufficiently in advance of the proposed

operation to permit proper correlation of activities and the contractor shall keep all proper

persons or authority involved regularly advised of the progress or operation through out the

performance of the work together with such other information and or supporting figures

15 Signature of the Contractor

and data as may from time to time as directed or required

13 DELAY IN EXECUTION OF WORK

The Company will make every reasonable effort to furnish the materials required to be

furnished by it under the contract and right of user including the permit required to be

furnished by the Company under the contract and made available in due time so as not to

delay execution of the work The Company will however not be liable to the contractor for

any losses or damages costs charges or expenses that the contractor may in any way

sustain suffer due to delay in making the above available However an extension in time

schedule may be admitted on the above reason

14 SHUT DOWN ON ACCOUNT OF WEATHER CONDITIONS

The contractor shall not be entitled to any compensation whatsoever by reason of

suspension of the whole or any part of the work made necessary by the Company or

deemed advisable on account of bad weather conditions or other unavoidable conditions

15 SECURITY DEPOSIT amp EARNEST MONEY DEPOSIT

EMD (Bid Security) is Rs 9458- amp Performance Security Deposit (PBG) is 10 of

Estimated Tender Cost

151 The security deposit or a part thereof or such balance thereof if any as may remain

after deduction there from in respect of any outstanding bills of the contractor to the

Company shall be paid back to the contractor after termination of contract on expiry of

contract period The contractor shall remain liable to the Company in respect of any

shortfall or discharge of liabilities notwithstanding return of security deposit or any part

thereof The security deposit is required to protect the company against the risk of the

tendererrsquos conduct and breach of contract in which case it would be forfeited without

prejudice to any other action that the company may take against the contractor

152 No interest will be payable on the earnest money or the security deposit or amount

payable to the contractor under the contract

153 Tenderer shall furnish as part of his bid a bid security (Earnest Money Deposit) for a

specified amount The Tenderer (Small scale Units) who are registered with National

Small Scale Industries Corporation under Single Point Registration Scheme are exempted

from bid security (Earnest Money Deposit) up to the amount equal to their monetary limit

In case of Tenderer having monetary limit as no limit the exemption will be limited to Rs

5000000- (Rs Fifty lakhs) only as per the existing policy of Company A proof regarding

current registration with NSIC for the Tendered Item will have to be attached along with

the bid

154 The bid security (Earnest Money Deposit) is required to protect the company against

the risk of tenderers conduct which would warrant the EMD forfeiture pursuant to Para

159

155 The bid security (Earnest Money Deposit) shall be in the form of cash or a Demand

DraftBankerrsquo chequePay order from any NationalizedSchedule Bank payable at

MEHSANA in favour of the AO (cash) BSNL Oo GMTD MEHSANA Payment in any

other form is not acceptable Any Small Scale Industry Firm claiming exemption from the

payment of bid security (Earnest Money Deposit) should submit the copy of the current

registration with National Small Industries Corporation (NSIC) for the tendered items No

16 Signature of the Contractor

interest on bid securityEMD payable

156 A Bid not secured in accordance with Para 153 amp 155 shall be rejected by the

company

157 The bid security (Ernest Money Deposit) of the unsuccessful bidder will be discharged

returned as promptly as possible and no claim whatsoever in this respect would be

entertained

158 The successful bidderrsquos bid security (Earnest Money Deposit) will be returned after

the bidderrsquos acceptance of the tender amp performance security deposit

159 The bid security (Earnest Money Deposit) will be forfeited

a) If the Tenderer withdraws his bid during the period of bid validity specified by

the Tenderer on the Bid form Rate sheet Price Bid or

b) In the case of a successful Tenderer if the bidder fails

i) to sign the Agreement contract amp

ii) to furnish Security Deposit

1510 The performance security deposit (PSD) deposited by the successful bidder in the

form of Cash or in PBG will be released after successful completion of contract and no due

pending against him

16 INSPECTIONS AND TESTING

The GMTD MEHSANA or his representative or any of the officers shall have free

access to the work site at all time for inspection The contractor shall render to the

representative of the company all possible assistants and facilities for the purpose

17 ASSESSMENTS PERMITS LICENCES AND OTHER FACILITIES

17l The contractor shall obtain provide at his own cost all assessments permits and

licenses necessary to do its work

172 The contractor shall be responsible for obtaining at his expense such licenses

permitfacilities as are necessary for the contractor to operate and do business in the

republic of India and in the state in which the work is to be performed

173 The contractor will not be entitled to extra compensation for hardship and increase in

cost Some cases may necessitate special method of execution of work and such

contingency shall deemed to have been provided for in the rates

18 PROTECTION OF LIFE AND PROPERTY AND EXISTING FACILITIES

181 The contractor is fully responsible for taking all possible safety precautions during

preparation for and actual performance of the work

182 The contractor shall undertake to indemnify and keep indemnified the Company from

and against all actions cause of actions damages claims and demand whatsoever either in

law or in inquiry and all losses and damages and costs (inclusive between attorney and

client) charges and expenses in connection there with and or incidental thereto The

contractor shall take all responsibility and risk in the execution of the work

183 It shall be the responsibility of the contractor to see that his employees or any other

person does not misbehave with anybody in company

17 Signature of the Contractor

19 INDEMNITIES

191 The contractor shall at all time hold the Company harmless and indemnify from

against all actions suits proceeding work cost damages charge claims and demand of

every nature and description brought or procured against the Company its officer and

employee and forth with upon demand and without pretest or demur to pay to the

Company any and all losses and damages and cost (inclusive between attorney and client)

and all costs incurred in endorsing this or any other indemnities or security which the

Company may now or at any time have related to the work or the contractors obligations

or in protecting or endorsing its right in any suit or other legal proceeding charges and

liabilities resulting from or incidental or in connection with injury disease or disablement

or death of any person (s) including employee of the contractor or damage to the property

resulting from or arising out of or in any way connected with or incidental to the operator

cause by the contractor documents In addition the contractor shall reimburse the Company

or pay to the Company forthwith on demand without protest or demure all costs charges

and expenses and losses and damages otherwise incurred by it in consequence of any

demands and actions which may be brought against the Company arising out of or

incidental or in connection with the operation covered by the contractor

192 The contractor shall at his own cost at the Company request defend any suit or other

proceeding asserting a claim covered by this indemnity but shall not settle compound or

compromise such suit or other finding without first consulting the Company

20 COMPLIANCE WITH LAW AND REGULATIONS

201 During the performance of the work the contractor shall at his own cost and initiative

fully comply with all applicable law of the land and with any and all applicable by-laws

rules regulations and orders and any other provision having in forces of any Company

Company agencies or department municipal board Company or other regulatory or

authorized body of person and shall provide all certificate of compliance therewith as may

be required by such applicable law by-law rules regulation orders or provision The

contractor shall assume full responsibility for the payment of all contributions and pay roll

taxes as to its employee servants or agent engaged in the performance of the work

specified in the contract documents The contractor require any assignee or sub-contractor

to whom any portion of the work to be performed hereunder may be assigned subleased

or sub-contracted to comply with the provision of the clause and in this connection the

contractor agrees as to undertake to save and hold the Company harmless and indemnified

from and against anyall penalty actions suits losses and damages claims and demands

and cost (inclusive between attorney and client) charges and expenses whatsoever arising

out of occasioned indirectly or directly by failure of the contractor or any assignee or

sub-contractor to make full and proper compliance with the said by-laws rules regulation

law and order and provision as aforesaid

202 Subject to the provisions of the contractor labour (Abolition and regulation Act

1970) the contractor shall not commence actual work unless he produces a receipt from

the concerned licensing authority that he has applied for licensees from the prescribed

licensing authority which may be produced within the period of 15 days or commencing

the work

203 Contractor will have to carry out the work under the rules and regulation of Labour

Act

18 Signature of the Contractor

21 OPTIONAL TERMINATION BY COMPANY (OTHER THAN DUE DEFAULT OF

CONTRACTOR)

211 The Company may at any time at its option cancel and terminate this contract by

written notice to the contractor in which event the contractor shall be entitled for payment

for the work done upto the time of such cancellation

212 In the event of the termination of the contract the contractor shall forthwith hand over

possession of the EPBT amp CLIP Concerned to the company or as the company may direct

213 The Company may at its option cancel or omit the execution of one or more items

of work under this contract and any part of such item(s) without any compensation

whatsoever to the contractor

22 TAXES AND DUTIES

Contractor shall pay all rates levies fees royalties taxes and duties except service tax

payable or arising from out of by virtue of or in connection withor incidental to the

contract or any of the parties in terms of the contract documents andor in respect of the

works or operation(s) or any part thereof to be performed by the contractor and the

contractor shall indemnify and keep indemnified the company from and against the same

or any default by the contractor in the payment thereof other taxes imposed by the

Government will be borne by the contractors Service tax will be paid by BSNL provided

that service tax particulars supplied amp claimed in bills

23 BREACH OF CONTRACT

The Designated officialnominated representative may without prejudice to his right

against the contractor in respect of any delay or inferior workmanship or otherwise or to

any claims of damage in respect of any breaches of the contract and without prejudice to

any rights or remedies under any of the provisions of this contract or otherwise and

whether the date for completion has or has not elapsed by notice in writing absolutely

determine the contract in any of the following cases -

(i) If the contractor having been given by the designated official nominated

representative a notice in writing to rectify reconstruct or replace any defective work or

that the work is being performed in any inefficient or otherwise improper or un work

manlike manner shall omit to comply with the requirements of such notice for a period of

fifteen days thereafter or if the contractor shall delay or suspend the execution of the work

so that either in the judgment of the Designated official (which shall be final and binding)

he will be unable to secure completion of the work by the date for completion or he has

already failed to complete the work by that date

(ii) If the contractor being a company shall pass a resolution or the court shall make an

order that the company shall be wound up or if a receiver or a manager on behalf of a

creditor shall be appointed or if circumstances shall arise which entitle the court or creditor

to appoint a receiver or a manager or which entitle the court to make a winding up order

(iii) If the contractor commits breach of any of the terms and conditions of this contract

(iv) If the contractor commits any acts mentioned in clause thereof

24 When the contractor has made himself liable for action under any of the aforesaid

19 Signature of the Contractor

clauses the Designated official on behalf of the company shall have powers -

(a) To determine or rescind or terminate the contract as aforesaid (of which termination

or rescission notice in writing to the contractor under the hand of the Designated

officialnominated representative shall be conclusive evidence) Upon such determination

or rescission the Security deposit of the contractor shall be liable to be forfeited and shall

be absolutely at the disposal of Company Notice for period of 15days will be received

from the date of issue of notice

(b) To employ other agency paid by the company and to supply materials to carry out the

works or part of the work debiting the contractor with the cost of the work and the price of

the materials (of the amount of which cost and price certified by the Designated official

shall be final and conclusive against the contractor) and crediting him with the value of the

work done in all respects in the same manner and the rates as if it had been carried out by

the contractor under the terms of the contract The certificate of the GMTD-MEHSANA as

to the value of the work done shall be final and conclusive against the contractor provided

always that action under the sub-clause shall only be taken after giving notice in writing to

the contractor Provided also that if the expenses incurred by the company are less than the

amount payable to the contractor at his agreement rates the difference should not be paid

to the contractor

(c) After giving notice to the contractor to measure up the work of the contractor and to

take such part thereof as shall be unexecuted out of his hands and to give it to another

contractor to complete in which case any expenses which may be incurred in excess of the

sum which would have been paid to the original contractor if the whole work has been

executed by him (of the amount of which excess the certificate in writing of the Designated

official shall be final and conclusive) shall be borne and paid by the original contractor and

may be deducted from any money due to him by company under this con tract or on any

other account whatsoever or from his security deposit or the proceeds of sales thereof or a

sufficient part thereof as the case may be

25 In the event of any one or more of the above courses being adopted by Designated

official the contractor shall have no claim to compensation for any loss sustained by him

by reason of his having purely leased or procured any materials or equipment or entered

into any agreement or made any advances account or with a view to the execution or the

work or the performance of the contract and in case action is taken under any of the

provisions aforesaid the contractor shall not be entitled to recover or be paid any sum for

any work thereto or actually performed under this contract unless and until Designated

official has certified in writing the performance of such work and the value payable in

respect thereof and he shall only be entitled to be paid the value so certified

26 In any case in which any of the powers conferred upon the Designated official by

clause 24 thereof shall have become exercisable and the same shall not be exercised the

non exercise thereof shall not constitute a waiver of any of the conditions hereof and such

powers shall notwithstanding be exercisable in the event of any future case of default by

the contractor and the liability of the contractor for compensation shall remain unaffected

In the event of the Designated official putting in force all or any of the powers vested in

him under the proceeding clause he may if he so desires after giving a notice in writing to

the contractor take possession of (or at the sole discretion of the Designated official which

shall be final) use as on hire (the amount of the hire money being also in the final

determination of the Designated official) all or any tools materials and stores in or upon

the works or the materials belonging to the contractor or procured by the contractor and

20 Signature of the Contractor

intended to be used for the execution of the contract or any part thereof paying or

allowing for the same amount at the contract rates or in the case of these not being

applicable at current market rates to be certified by the Designated official whose

certificate thereof shall be final otherwise the Designated official by notice in writing may

order the contractor or his clerk of the works foremen or other authorized agent to remove

such tools plants materials stores from the premises (within and time to be specified to

comply with any such requisition the Designated official may remove them all at

contractors expense or sell them by auction or private sale on account of the contractor and

it his risk in all respects and the certificate of the Designated official as to the expense of

any such removal and the amount of the proceeds and expenses of any such sale shall be

final and conclusive against the contractor

27 If the contractor shall desire an extension of time for completion of the work on the

grounds of his having been unavoidably hindered in its execution or on any other ground

he shall apply in writing to the Designated official within seven days of the date of

hindrance on account of which he desired such extension as aforesaid and the Designated

official shall if in his opinion (which shall be final) reasonable grounds be shown

therefore authorize such extension of time if any as may in his opinion be necessary or

proper

28 If at any time after the commencement of the work the company for any reason

whatsoever not require the whole thereof as specified in the tender to be carried out the

Designated official shall give notice in writing of the fact to the contractor who shall have

no claim to any payment of compensation whatsoever on account of any profit or

advantage which he might have derived from the execution of the work in full but which

he did not derive in consequence of the full amount of the work not having been carried

out neither shall he have any claim for compensation by reason of any alterations having

been made in the original specifications drawings designs and instructions which shall

involve any curtailment of the work as originally contemplated

29 INSPECTION

All work under or in course of execution or executed in pursuance of the contract shall at

all times be open to the inspection and supervision of the Designated official and his

authorized subordinates and the contractor shall at all times during the usual working hours

and at all other times at which reasonable notice of the intention of the Designated official

or his subordinate visit the works shall have been given to the contractor either himself be

present to receive order and instructions or have a responsible agent duly a credited in

writing present for that purpose Orders given to the contractors agent shall be considered

to have the same force as if they had been given to the contractor himself

30 WORKMENS COMPENSATION

In every case in which by virtue of the provisions of section 12 sub-section

(i) of the workmenrsquos compensation Act 1923 Company is obliged to pay compensation to

a workman employed by the contractor in execution of the works Company will recover

from the contractor the amount of the compensation so paid and without prejudice to the

rights of the Company under section 12 Sub section

(ii) of the said Act Company shall be at liberty to recover such amount or any part thereof

by deducting it from the security deposit or from any sum due by the company to the

contractor whether under this contract or otherwise Company shall not be bound to contest

21 Signature of the Contractor

any claim made against it under section-12 subsection (i) of the said Act except on the

written request of the contractor and upon his giving to company full security for all costs

for which Company might become liable in consequence of contesting such claim

31 LABOUR WELFARE

311 In every case in which by virtue of the provisions of the contract Labour (Regulation

and Abolition) Act 1970 and of the contract labour (Regulation and abolition) Central

Rules 1971 Company is liable to pay any amounts of wages to a workman employed by

the contractor in execution of the works or to incur any expenditure in providing welfare

and health amenities required to be provided under the above said Act and the Rules under

clause 19 to 19 J and 20 of PWD-8 or under the CPWD Contractors Labour

Regulations or under the Rules framed by Government from time to time for the

protection of health and sanitary arrangements for workers employed by CPWD

contractors company will recover from the contractor the amount of wages so paid or the

amount of expenditure so incurred and without prejudice to the right of the Government

under section 20 sub-section (ii) and section 21 sub-section (4) of the contractor Labour

(Regulation and Abolition) Act 1970 company shall be at liberty to recover such amount or

any part thereof by deducting it from the security deposit or from any sum due by the

company to the contractor whether under this agreement or otherwise company shall not

be bound to contest any claim made against it under section 20 except on the written

request of the contractor and upon his giving to the company full security for all costs for

which Government might become liable in contesting such claim

312 The contractor shall obtain a valid licence (If required depending upon the number of

persons engaged and the nature of the work intended) under the contract Labour (RampA)

Act 1970 and the contract labour (R amp A) Central Rules 1971 before the commencement

of the work and continue to have a valid license until the completion of the work

313 Any failure to fulfill this requirement shall attract the penal provisions of this

contract arising out of the resultant non-execution of the work

314 No person below the age of (18) eighteen years shall be employed on the work

32 FAIR WAGES

(a) The contractor shall pay to persons employed by him either directly or through sub-

contractor wages not less than fair wages as defined in the CPWD Contractors Labour

(Regulations and Abolition) Act 1970 and the contract labour (Regulation and Abolition)

Central Rules 1971 wherever applicable

(b) The contractor shall notwithstanding the previsions of any contract to the contrary

cause to be paid fair wages to persons indirectly engaged on the work including any

labour engaged by his sub contractor in connection with the said work as if the labour had

been immediately employed by him

(c) The General Manager Telecom District MEHSANA or his subordinate officer

concerned shall have the right to deduct from the money due to the contractor any sum

required or estimated to be required for making good the loss suffered by a worker or

workers by reasons of non-fulfillment of the conditions of the contract for the benefit of

the workers non payment of wages or of deduction made from his or their wages are not

justified by their terms of the contract or non-observance of the Regulations

22 Signature of the Contractor

(d) The contractor shall comply with the provisions of the payment of wages Act 1936

Minimum wages Act 1948 Employees Liability Act 1938 Workmenrsquos compensation Act

1923 Industrial Disputes Act 1947 Maternity Benefits Act 1961 and the contractorrsquos

Labour (regulation and abolition) Act 1970 or the modifications there of or any other laws

relating thereto and the rules made there under from time to time

(e) The contractor shall indemnify Government against payments to be made under and

for the observance of the laws aforesaid without prejudice to his right to claim indemnity

from his sub-contractors

(f) The regulations aforesaid shall be deemed to be a part of this contract and any breach

thereof shall be deemed to be a breach of this contract

33 OTHER LABOUR WELFARE MEASURES

The contractor shall comply with all the provision of the Minimum wages Act 1948

Contractor Labour (R amp A) Act 1970 and rules framed and other labour laws affecting

contract labour that may be brought into force from time to time

34 The contract shall not assign or sublet without the written approval of the GMTD

MEHSANA or his nominated representative and if the contractor shall assign or sublet his

contract or attempt so to do or become insolvent or commence any insolvency proceeding

or make any composition with his creditors or attempt so to do or if any bribe gratuity

gift loan perquisite reward or advantage pecuniary or otherwise shall either directly or

indirectly be given promised or offered by the contractor or any of his servants or agent to

any public officer or person in the employ of Government in any way relating of his office

or employment or if any such officer or person shall become in any way directly or

indirectly interested in the contract the Designated official on behalf of the President of

India shall have power to adopt any of the coursed specified in clause 24 as he may deem

best suited in the interest of Government and in the event of any of these course being

adopted the consequences specified in the said clause 24

35 All sums payable by way of compensation under any of these conditions shall be

considered as reasonable compensation to be applied to the use of Government without

reference to the actual loss or damage sustained and whether or not any damage shall have

been sustained

36 PARTNERSHIP FIRMS

Where the contractor is a partnership firm the previous approval in writing of the

Designated officialnominated representative shall be obtained before any change is made

in the constitution of the firm Where the contractor is an individual or a Hindu undivided

family business concern such approval as aforesaid shall like wise be obtained before the

contractor enters into any partnership agreement where under the partnership firm would

have the right to carry out the work hereby undertaken by the contractor If previous

approval as aforesaid is not obtained the contract shall be deemed to have been assigned in

contravention of Clause hereof and the same action may be taken and the same

consequence shall ensure as provided in the said clause

37 All works to be executed under the contact shall be executed under the direction and

subject to the approval in all respected of the Designated official who shall be entitled to

direct at what point or points and in what manner they are to be commenced and from time

to time carried on

23 Signature of the Contractor

38 Whenever any claim against the contractor for the payment of a sum or money arises

out of or under the contract Government shall be entitled to recover such sum by

appropriating in part or whole the security deposit of the contractor and to sell any

Government Promissory Notes etc forming the whole or part of such security In the event

of the security being insufficient or if no security has been taken from the contractor then

the balance or the total sum recoverable as the case may be shall be deducted from any

sum then due or which at any time thereafter may become due to the contractor under this

or any other contract with Government Should this sum be not sufficient to cover the full

amount recoverable the contract shall pay to Government on demand the balance

remaining dues

39 AUDITS AND TECHNICAL EXAMINATION

391 Company shall have the right to cause an audit and technical examination of the

works and the final bills of the contractor including all supporting vouchers abstract etc to

be made after payment of the final bill and if as a result of such audit and technical

examination any sum is found to have been overpaid in respect of any work done by the

contractor under the contract or any work claimed by him to have been done by him under

the contract and found to have amount of over payment and it shall be liable to refund the

amount of over payment and it shall be lawful for Company to recover the same from him

in the manner prescribed or in any other manner legally permissible and if it is found that

the contractor was paid less than what was due to him under the contract in respect of any

work executed by him under it the amount of such under payment shall be duly paid by

Company to the contractor

392 Any sum of money due and payable to the contractor (including Security Deposit

returnable to him) under this contract may be appropriated by the Company and set off

against any claim of the Company for the payment of a sum or money arising out of or

under any other contract made by the contractor with the Company

40 Contractor shall not enter into agreement with any other unit on approved tender of

GMTD MEHSANA without prior approval of the General Manager Telecom District

MEHSANA

41 Without prejudice to any of the rights or remedies under this contract if the contractor

dies the GMTD MEHSANA on behalf of the company shall have the option of

terminating the contract without compensation to the contractor

42 No Engineer of gazetted rank or other gazetted officer employed in Engineering or

administrative duties in an Engineering Department of the Government of India is allowed

to work as contractor for a period of two years of his retirement from Government service

without the prior permission of Government of India This contract is liable to be canceled

if either person who had not obtained the permission of Government of India as aforesaid

before submission of the tender or engagement in the contractors service as the case may

be

43 COMPENSATION FOR DELAY The time allowed for carrying out the work as

mentioned shall be strictly observed by the contractor and shall be deemed to be of the

essence of the contract on the part of the contractor However for special jobs if the

contractor has submitted a time schedule and the same has been accepted by the designated

officialnominated representative of the company the contractor shall comply with the

said time schedule

24 Signature of the Contractor

44 TIME LIMIT amp LIQUIDATED DAMAGE CHARGES

441 It will be at the discretion of the GMTD MEHSANA to revise or modify or extend

the time limits specified for the total work awarded to the contractor or to further specify

the quantum of work to be completed within a specified period provided a written request

has been received from the contractor explaining the reasons for which such extension of

time is asked for and the GMTD MEHSANA in the particular case is convinced and

satisfied that such extension or revision or modification is in the interest of the

Government In such cases payment of liquidated damage as compensation for delay

becomes liable based on such revised or modified or extended time limits and the

conditions under which such extension or modification or revision has been made

Liquidated damage will be charged as per Special Condition clause No2 amp 3 read as

under

1 Delay in collection - Rs5- per instrument per week or part there of for entire lot of

unserviceable instruments collected delayed subject to a maximum Rs20- per instrument

in case timely collection is not done as per 2(b) of special conditions

2 Delay in delivery- Rs2- per week or part there of on the entire lot of instruments

delivered delayed in case of delivery not made timely as per Para 3 of Special conditions

442 The contractor shall have to complete the contractual work within stipulated period

and it is very clearly understood between the parties that the time is made the essence of

contract

45 The Company assumes no responsibility whatever for any oral understandings or

representations made by any its officers or agents or servants prior to the execution of the

contract and all previous negotiations and understandings are hereby canceled

46 STORERSMATERIAL SUPPLIED BY THE GOVERNMENT

All materials supplied to the contractor by the company shall remain the absolute

property of Company and shall not be removed from site of the work except for use in the

work and shall be at all times open to inspection by Designated official

47 In the event of the contractor being adjudged insolvent or going voluntarily into

liquidation or having received order or other order under insolvency Act made against him

or in the case of a company of the passing of any resolution or making of any order for

winding up weather voluntarily or otherwise or in the event of the contractor failing to

comply with any of the conditions herein specified the GMTDMEHSANA shall have

the power to terminate the contract without previous notice

48 ACCEPTANCES AND MEASUREMENT

481 It is important that the work carried out by contractor is approved by the designated

official nominated representative of the company

482 The designated official nominated representative of the Govt and the contractor or

his authorized representative will certify under their signature at the appropriate places that

the work carried out is as per the specification

49 PRICE VARIATION

25 Signature of the Contractor

The Company shall not be responsible for any escalation in prices of labour or materials

machinery equipment etc whatsoever or any increase in any duties levies or taxes in

respect thereof whatsoever and the contractor rates and contractors obligations shall

remain unaffected by such escalation and or increases

50 FORCE MAJEURE

In the event of either party being rendered unable by force majeure to perform this

contract than the obligations of the party effected by such force majeure shall be

suspended for the whole period during which such cause lasts and until normal operation

are resumed and when such cause ends the execution of this contract must be resumed

with all responsible dispatch should the execution of this contract be suspended by force

majeure than a corresponding extension of the completion date shall be automatically

granted The occurrence of a cause of force majeure however shall not relieve the

company and its obligation to make payment to the contractor for the work satisfactorily

executed prior thereto The terms force majeure as employed herein shall mean act of God

war declared or undeclared hostilities enemy actions revolts riots legal lock outs and

eligible strikes tidal waves forest fires major floods explosions earth quakes epidemics

sabotage extra ordinary act and Regulation of central or state Government or Municipality

Bodies Upon the occurrence of such causes and its termination the parties rendered unable

as aforesaid shall notified the other party in writing within 72 hours of the beginning and

ending dates giving full particulars and evidences if required

51 PAYMENTS

The contractor shall prepare the bills claiming shown as labour cost and material cost

separately The contractor shall submit the bills within 30 days after completion of the

work duly certified by the designated officialnominated representative of company

GMTD MEHSANA has full right to disallow the payment of the bills received after 30

days of completion of work

52 The GMTD MEHSANA may however at his discretion allow the contractor to

submit fortnightly bills or at the end of each work

53Income tax at the rate in force at that time would be deducted from his payments of bills

as Tax deducted at source However if any new legislation comes into effect for

deduction of tax at source at any other rate deduction will be made at that rate

The GMTD MEHSANA will issue necessary Income tax deduction certificate or the

Accounts Officer detailing the amount so deducted As Tax Deducted at Source at the time

of payment or each bill

54 The Tenderer should submit all requisite documents including EPF related documents

as per clause in tender terms amp conditions and special conditions along with the bill if

applicable

55 PAYMENT PROCEDURE

551 The bills are to be submitted in TRIPLICATE and in the manner and form that may

be prescribed by the GMTD MEHSANA from time to time ldquoAccounts Payeerdquo cheque

for amount passed in the bill will be issued only after the contractor gives a stamped

receipt for the amount unless the bills are pre-receipt Only Accounts Payee Cheques

drawn on the branch of the state bank of India or other bank in which the GMTD or the

26 Signature of the Contractor

Accounts Officer may be having drawing assignment account will make payments The

payments will be made either by the Accounts Officer or by any other official who at any

period of time may be convenient to the company

552 Any liquidated damages due shall also be recoverable from the bills submitted for the

payment by the aforesaid officer

553 The security deposit with the GMTD Shall be considered for adjustment against

liquidated damages only at the time of final conclusion of the contract and final settlement

of account

554 The GMTD MEHSANA will have e the right to recover liquidated damages for

delay or slow progress of the works from the bills submitted for payment

555 The final settlement of the bills and refund adjustmentappropriation of any amount

detained from the running bill of the contractor shall be made fully after the GMTD is

satisfied that all the contractual obligation have been fully met and no amount remain due

for recovery from the contractor on any count Unless there are specific reasons all

accounts are expected to be settled within a period of six months from the date of

completion of the works in all respects

56 FINAL ACCEPTANCE

If any of the work is found to be unsatisfactory by the designated officialnominated

representative of the govt the contractor shall be intimated in writing of the corrections

repairing to be carried out The contractor shall be required to correct all defects that

remain evident at any time prior to final acceptance of the contractors works by the

GMTD MEHSANA The cost of all such repairs and corrections shall be borne by the

contractor Failure or neglect on the part of the GMTD MEHSANA or his representative

to confirm or reject inferior work notwithstanding final acceptance of the work or any part

thereof by the company THE GMTD MEHSANA Designated official or his

representative shall not be construed to imply the acceptance of such work The provision

of this clause shall not in any way affect or limit the contractors liability under the

undertaking and guarantee contained in the contract documents

57 DISPUTES AND ARBITRATION

All dispute arising between the contractor and GMTD MEHSANA out of this contract

shall be referred to the sole arbitration in the following manners -

a) In case parties are unable to reach a settlement by themselves the dispute should be

submitted for arbitration in accordance with contract agreement

b) There should not be a joint submission with the contractor to the sole arbitrator

c) Each party should submit its own claimed severely and may oppose the claim put

forward by the other party

d) The onus of establishing his claims will be left to the contractor

e) His claim will be firmly resisted by utilizing all the evidence available with the

company

27 Signature of the Contractor

f) Once a claim has been included in the submission by the contractor a retraction or

modification thereof will be opposed

g) The Point of Defense will be based on actual condition of the contract

h) The question whether these conditions are equitable shall not receive any consideration

in the preparation of Points of Defense

i) The arbitrator shall not entertain claims in the nature of ex-gratia payments as these

are not contractual

j) If the contractor including such claims in his submission the fact that they are not

contractual will be prominently placed before the arbitrator

k) In case the amount involved is heavy the sole arbitrator may be within his rights to

conduct the defense by the government pleader

The award of the sole arbitrator shall be final and binding on the parties to the dispute It

is further agreed that reference to the sole arbitration of officer appointed as arbitrator is

conditions precedent and none will be entitled to move the court without referring the

matter to sole arbitrator

58 Contractor should produce latest Income Tax CertificateSales Tax registration

certificate

59GMTD Mehsana reserves the rights to terminate RRC for breach of

conditionconditions of the agreement after giving a show cause notice of 14 days and after

examining reply if any filed by him pursuance to show cause notice

60 GMTD Mehsana reserves the rights to engaged one or more contractors for this work

61 Rates to be quoted in ANNEXURE ndash III Financial Bid in separate sealed cover and

declaration to be given in ANNEXURE-II-A amp ANNEXURE ndash II B duly signed by all

partnersdirectors of the companyfirm

28 Signature of the Contractor

SECTION ndash V

SPCECIAL CONDITIONS

Work Orders shall be issued by concerned SDE approved by DE

1 Scope of the work Repairing of faulty electronic CLIP push button telephone

instruments buttons key including plan instrument It shall cover all instruments

including those having PCB Display of CLI and burnt out due to their connections

to powers inadvertently but excluding PBT with bakelite portion broken

discolored

2 Collection of faulty instruments

A For lifting of faulty instruments the minimum lot size will be of 20 units

the SDEexchange in charge will intimate the quantity of faulty instruments

accumulated with him over telephone or by FAX to the contractor

B The contractor shall ensure the collection of the faulty instruments within

three working days of the date at giving work order or intimation over telephone or

by FAX on working days between 10 AM to 17 PM at his cost

C The contractor shall acknowledge the receipt of the faulty instruments made

over to him

3 Duration of repair

A The contractor shall repair the faulty instruments at his own work-shop and

return the same to SDEexchange in-charge concerned at his own cost within one

week of its collection (for calculating one week the day of collection and day of

handing over will be inclusive)

B After carrying out repairs of the faulty instruments the contractor shall

offer the instruments to SDEExchange in-charge or JTO nominated by him for

inspection and testing one day before the expiry of schedule delivery date The

decision of the inspecting officer as to accept the repaired instruments will be final

and binding on contractor

C The contractor shall pack each repaired instrument suitably in a

polythene bag after polishingbuffing while returning them to SDE

D The contractor shall paste stiker with date of repairing on back side of

each repaired instrument while returning them to SDE

E The repaired instruments shall be returned back to the same SDEExchange

in-charge unless specified otherwise from where these instruments were collected

for repairs

4 Warranty repair

The contractor will undertake quality repair which will ensure the normal

troubledefect free performance of the instruments for a period of 12 months from

the date of inspection and clearance In case the repaired instruments develops

any defect or any deficiency or fault ie it becomes faulty during the warranty

29 Signature of the Contractor

period the contractor shall rectify repair and remedy such defects deficiency in the

repaired instruments at his own cost and expenses

5 A Method of evaluation

Tenders will be evaluated with reference to the total cost worked out by

multiplying rates quoted by Tenderer with approximate number of EPBT amp

CLIP Instruments as shown in the price bid

B Reports

1 The contractor shall furnish a summary of fault found and namedetails of

the components replaced in the instruments repaired while offering them for

inspection

2 The contractor shall also furnish a quarterly analysis of faulty and repaired

batch wise as per Annexure-I

6 Quality of components

The contractor shall use good quality components for repairs of the instruments

The replaced parts should be purchased by the contractor from DOT approved

source s

7 Liquidated damage

1 Delay in collection Rs 5- per instruments per week or part thereof for

entire lot of unserviceable instruments collected delayed subject to a

maximum of Rs 20- per instruments In case timely collection is not don as

per Para 2(B) above

2 Delay in delivery Rs2 per instrument per week or part thereof on the

entire lot of instruments delivered delayed in case delivery not made timely

as per Para 3 above

8 Quantum of EMD and PSD

EMD as per NIT - to be paid either in cash or in form of DDBankerrsquos

ChequePay Order from NationalizedScheduled Bank in favour of Accounts

Officer (Cash) BSNL Oo GMTD ndash Mehsana payable at Mehsana

Performance Security Deposit 10 of estimated cost of tender payable either in cash or DD or in form of Bank guarantee

from Nationalized BankScheduled Bank for a period of 24 months which will be released or refunded after successful

completion of contract and no due pending against contractor 9 Extension of validity of RRC period Period of RRC will normally

be one year However GMTD Mehsana reserves the right to extend it for a further period of six months or one year or part

there of under the same rates and terms and conditions

Estimated cost for the second year or part there of shall be considered same as approved for first year or part

there of on pro-rata basis

30 Signature of the Contractor

10 Eligibility The bidder should have

Experience of repairing of CLIP or EPBT Instruments in DOTBSNLGovt

PSU Private SectorFirm for one year during last five years as per NIT

11 Documents to be submitted with Technical Bid (Qualifying Bid) to establish

their eligibility for bidding

111 Experience certificate (self attested copy) issued by not below the rank of DEAGM in

DOTBSNLGovtPSUPrivate SectorFirm as required under clause 10 above

112 Self attested Copy of registration of firm (not required for proprietorship)

113 For EPF particulars submit the EPF registration certificate if applicable

(If not applicable submit the clarification as to how not applicable and submit

undertaking on Non judicial stamp paper of Rs 50- regarding submission of it within

one month after the agreement with BSNL Mehsana) If the firms which are under

partnership deed Company Pvt Ltd shall have to submit EPF registration certificate

If not obtain they shall have to obtain the earliest and latest by the time of agreement

They shall have to submit necessary undertaking certificate for this in ANNEXURE-

VI

114 Self attested Copy of Registration particulars with Central Excise for Service Tax If

undertaking is given he shall have to submit within one month before agreement failing

which there will be no agreement (If Service tax is not applicable he shall have to

submit reasons as to how it is not applicable)

115 Partnership deed amp power of attorney who has signed the bid (self attested copy) if

applicable

116 Bio-data of Tenderer in ANNAXURE--IV

117 Declaration to be given in ANNEXURE-II A amp II B

12 Rates to be quoted in ANNEXURE-III In Financial Bid to be submitted separately

in sealed cover

13 GMTD Mehsana reserves the rights to terminate RRC for breach of condition

conditions of the agreement after giving a show cause notice of 14 days and after

examination reply if any filled by him pursuance to show cause notice

14 EPF contribution in respect of LabourEmployees employed by the contractor for

execution of works of BSNL if applicable The contractor will have to

fulfillcompliance of the provisions of EPF amp Misc provisions Act1952 amp Employees

provident fund scheme-1952 by the contractor in respect of LaboursEmployees

engaged by them for performing the work of BSNL while submitting the claim of bills

towards works executed by him if applicable he must accompany the

i List showing the details of LaboursEmployees engaged

ii Duration of their engagement

iii The amount of wages paid to such LaboursEmployees for the duration in question

iv Amount of EPF contribution (both employees amp employers contribution) for the

duration of engagement in question paid to the EPF authorities

31 Signature of the Contractor

v Copies of authenticated documents of payments of such contributions to

EPF authorities and a declaration for compliance of EPF Act 1952

15 The BSNL reserves the right to disqualify such bidders who have a record of not

meeting contractual obligation against earlier contracts entered into with the

BSNL MEHSANA

16 Multiple Vendor System -The BSNL Mehsana intends to limit the number

of technically amp commercially responsive bidders to (Maximum three) from

the list of such bidders arranged in increasing order of their evaluated rate

starting from the lowest for the purpose of award of work against this

tender The distribution of quantum of work among the bidders is as per

clause of Section ndash of tender document

ldquoHowever SSA Head Mehsana reserve the right for the award of contract amp

work of entire tendered quantity to the bidder with the lowest evaluated

ratesrdquo

17 NOTE-

Tender documents containing detailed description of work terms amp conditions can be

had from Asstt General Manager (MM) Oo GMTD Mehsana 2nd Floor Admn

Building Sanchar Bhawan Pilaji Ganj Mehsana-384001 between 10=00 hours to

17=00 hours from 26102016 to 17112016 on all working days

Asstt General Manager (MM) Oo GMTD Mehsana ndash 384001

32 Signature of the Contractor

SECTION ndashVI

1 Specification and Tentative Quantum of work for repairing of EPBT amp

CLIP (approximate)

Sr

No

Name of SDE Unit

[Concern Supervising

Authority]

Quantum of Works for Tender for repairing

of EPBT amp CLIP Instruments [In No]

CLIP Inst EPBT

Inst

Buttons

Key

Plan Inst

1 SDE P MEHSANA 750 900 3 5

2 SDE G MEHSANA 225 250 5 0

3 SDE G CHANASAMA 100 0 5 0

4 SDE G CHHATRAL 350 200 0 0

5 SDEP KADI 50 0 0 0

6 SDEG KADI 50 0 0 0

7 SDEP KALOL 750 450 7 0

8 SDEG KALOL 150 50 0 0

9 SDEP VIJAPUR 60 85 2 0

10 SDEG VIJAPUR 75 95 2 0

11 SDEG MNSGZR 50 80 3 0

12 SDEG KUKARWADA 50 75 2 0

13 SDEP VISNAGAR 350 200 5 0

14 SDEG VISNAGAR 150 75 4 0

15 SDEG VADNAGAR 100 25 4 0

16 SDEG SATLASANA 75 40 3 0

17 SDEG KHERALU 100 50 3 0

18 SDEP UNJHA 500 400 3 0

19 SDEG UNJHA 100 113 2 0

20 SDEP SIDHPUR 450 300 3 0

21 SDEG SIDHPUR 200 200 5 0

22 SDEP PATAN 350 150 5 0

23 SDEG PATAN 100 50 5 0

24 SDEG HRJSAMI 100 50 4 0

Total 5235 3838 75 5

33 Signature of the Contractor

SECTION ndashVII

STANDARD SCHEDULE OF RATE (SOR) FOR REPARING OF EPBT

AND CLIP INSTRUMENT IN MEHSANA TELECOM DISTRICT (MEHSANA SSA)

To

GMTD Mehsana

Sub - Our Financial Bid for repairing of EPBT amp CLIP Instruments in Mehsana SSA

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Sir

Having examined the tender documents terms amp conditions specification of work

stipulated there in IWe the undersigned offer our rates in percentage as under

Brief description of items for

Repairing under ARC

Approx Quantity to be

repaired under ARC

SOR Per Instrument

(a) (b) (c)

(1) Repairing of CLIP Telephones

instruments

5235 No Rs 55-

(2) Repairing of Electronics Push

Button Telephones (EPBT)

3838 No Rs 23-

(3) Repairing of Buttons Key

75 No Rs 26-

(3) Repairing of Plan Instruments

5 No Rs 39-

Note- The Quantity of Clip instrument ( 5500) may be consider which AMC will be expired as per given below -

(1) AMC of 1400 PTPL instrument may be expired on 23092016

(2) AMC of 3100 PTPL instrument may be expired on 21012017

(3) AMC of 1000 PTPL instrument may be expired on 25032017

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

34 Signature of the Contractor

ANNEXURE-I

Fault analysis report of instruments of quarter ending

No of faulty

instruments

with

contractor at

the

beginning of

the period

No of faulty instruments

received by contractor

during the quarter

No of faulty instruments

repaired and returned to

Depot officer

CF No of

faulty

instruments

with

contractor

In warranty Out of

warranty

In warranty Out of

warranty

1

2

Nature of Fault

Type No Of instruments

No

dial

tone

Dial

faulty

No

ring

Poor

speechdisturbance

Dead Display

Fault

No fault

foundMisc

In

warrant

Out of

warranty

Repairing carried out

Type Faults in

TransmitterReceiver Ringer Contract

foil

PCB

Fault

Disply No fault

foundMisc

In

warrant

Out of

warranty

35 Signature of the Contractor

ANNEXURE ndashII

DECLARATION

(TO BE SUBMITTED WITH TECHNICAL BID)

IWe hereby declare that IWe have carefully gone through the Terms amp Conditions of

Tender Notice Invited vide No MMTenderMehsana2016-1706 Dated 26102016 in

detail and agree to the rate submitted by MeUs in the rate sheet and IWe agree in full to

abide by them

1) Signature of the Party ___________________________________

Full Name ___________________________________

(In block letter) ___________________________________

2) Full address ___________________________________

___________________________________

___________________________________

___________________________________

Tele No (O)________________________________

(R)________________________________

3) Capacity in which the __________________________________

Tender is signed

Rubber stamp is required) __________________________________

__________________________________

Date Signature of the Tenderer with seal

36 Signature of the Contractor

ANNEXURE ndash IV

DECLARATION REGARDING EPF TO BE GIVEN ON NON-JUDICIAL STAMPS

PAPER OF RS 100-

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

I helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipProprietor of

Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip do here by declare

that I am the proprietor of my above firm I am carrying out the repairing of

EPBT amp CLIP my self I do not engage labour So EPF is not applicable to

me

However the decision of the competent authority shall be binding to me in

this regard

Name of the Bidder

Signature of the Bidder with Seal

37 Signature of the Contractor

ANNEXURE ndash V

Undertaking to be given for compliance of EPF Registration certificate

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

We the partners Directors of the firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Do here by undertake that if our tender is accepted we will submit the EPF Registration

certification at the earliest latest by one month after the agreement carried out with the

BSNL Mehsana for execution of works for repairing of EPBT amp CLIP Instruments in

Mehsana SSA failing which the decision of the competent authority will be binding on us

To be signed by all Partners directors

38 Signature of the Contractor

ANNEXURE ndash VI

LETTEROF AUTHORISATION FOR ATTENDING BID OPENING

Tender Number MMTenderMehsana2016-1706 Dated 26102016

Subject Authorisation for attending bid opening on___________________(date) the

tender of following persons are hereby authorised to attend the bid opening

for the tender mentioned above on behalf of ______________________

(Bidder) in order of preference given below

Order of Preference Name

Specimen Signatures

I

II

Alternate

Representative

Signatures of

bidder

Or

Officer authorised to sign the bid

Documents on behalf of the bidder

No 1 Maximum of two representatives will be permitted to attend bid opening In

case where it is restricted to one first preference will be allowed Alternate

representative will be permitted when regular representatives are not to able

attending

2 Permission for entry to the hall where bids are opened may be refused in case

authorisation as prescribed above is not recovered

39 Signature of the Contractor

ANNEXURE ndash VII

INTEGRITY PACT

Between

Bharat Sanchar Nigam Limited (BSNL) GMTD-Mehsana hereinafter referred to as ldquoThe

Principalrdquo

And

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphereinafter referred to as ldquoThe BidderContractorrdquo

Preamble

The Principal intends to award under laid down organizational procedures contracts for --

----------------------------------------- The Principal values full compliance with all relevant

laws and regulations and the principles of economic use of resources and of fairness and

transparency in its relations with its Bidders and Contractors

In order to achieve these goals the Principal will appoint an Independent External Monitor

who will monitor the tender process and the execution of the contract for compliance with

the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to

observe the following principles -

(a) No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for

or accept for himherself or third person any material or immaterial benefit which heshe

is not legally entitled to

(b) The Principal will during the tender process treat all Bidder(s) with equity and reason

The Principal will in particular before and during the tender process provide to all

Bidder(s) the same information and will not provide to any Bidder(s)

confidentialadditional information through which the Bidder(s) could obtain an advantage

in relation to the tender process or the contract execution

(c) The Principal will exclude from the process all known prejudiced persons

(2) If the Principal obtains information on the conduct of any of its employees which is a

criminal offence under the relevant Anti-Corruption Laws of India or if there be a

substantive suspicion in this regard the Principal will inform its Vigilance Office and in

addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder(s)Contractor(s)

(1) The Bidder(s)Contractor(s) commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation

in the tender process and during the contract execution

(a) The Bidder(s)Contractor(s) will not directly or through any other person or firm offer

promise or give to any of the Principalrsquos employees involved in the tender process or the

40 Signature of the Contractor

execution of the contract or to any third person any material or immaterial benefit which

heshe is not legally entitled to in order to obtain in exchange any advantage of any kind

whatsoever during the tender process or during the execution of the contract

(b) The Bidder(s)Contractor(s) will not enter with other Bidder(s) 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

(c) The Bidder(s)Contractor(s) will not commit any offence under the relevant Anti-

corruption Laws of India further the Bidder(s)Contractor(s) will not use improperly for

purposes of competition or personal gain or pass on to others any information or

document provided by the Principal as part of the business relationship regarding plans

technical proposals and business details including information contained or transmitted

electronically

(d) The Bidder(s)Contractor(s) will when presenting his bid disclose any and all

payments he has made is committed to or intends to make to agents brokers or any other

intermediaries in connection with the award of the contract

(2) The Bidder(s)Contractor(s) will not instigate third persons to commit offences outlined

above or be an accessory to such offences

Section 3 ndash Disqualification from tender process and exclusion from future contracts

If the Bidder(s)Contractor(s) before contract award or during execution has committed a

transgression through a violation of Section 2 above or in any other form such as to put his

reliability or credibility in question the Principal is entitled to disqualify the

Bidder(s)Contractor(s) from the tender process or take action as per the defined procedure

Section 4 ndash Compensation for Damages

(i) If the Principal has disqualified the Bidder(s) from the tender process prior to the award

according to Section 3 the Principal is entitled to demand and recover the damages

equivalent to Earnest Money Deposit Bid Security

(ii) If the Principal has terminated the contract according to Section 3 or if the Principal is

entitled to terminate the contract according to section 3 the Principal shall be entitled to

demand and recover from the Contractor the amount equivalent to Security Deposit

Performance Bank Guarantee in addition to any other penalties recoveries as per terms

and conditions of the tender

Section 5 ndash Previous transgression

(i) The Bidder declares that no previous transgression occurred in the last 3 years with any

other Company in any country conforming to the Anti-corruption approach or with any

other Public Sector Enterprise in India that could justify his exclusion from the tender

process

(ii) If the Bidder makes incorrect statement on this subject he can be disqualified from the

tender process or action can be taken as per the defined procedure

Section 6 ndash Equal treatment of all BiddersContractorsSubcontractors

41 Signature of the Contractor

(i) The principal will enter into agreements with identical conditions as this one with all

BiddersContractors

(ii) The Bidder(s)Contractor(s) undertake(s) to demand from all subcontractors a

commitment in conformity with this Integrity Pact

(iii) The Principal will disqualify from the tender process all bidders who do not sign this

Pact or violate its provisions

Section 7 ndash Criminal charges against violating

Bidder(s)Contractor(s)Subcontractor(s)

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or

of an employee or a representative or an associate of a Bidder Contractor or

Subcontractor which constitutes corruption or if the Principal has substantive suspicion in

this regard the Principal will inform the Corporate Vigilance Office

Section 8 ndash External Independent MonitorMonitors

1 Principal appoints competent and credible Independent External Monitor for this Pact

The task of the Monitor is to review independently and objectively whether and to what

extent the parties comply with the obligations under this agreement

2 The Monitor is not subject to instructions by the representatives of the parties and

performs his functions neutrally and independently He reports to the CMD of the BSNL

3 The Bidder(s)Contractor(s) accepts that the Monitor has the right to access without

restriction to all Project documentation of the Principal including that provided by the

Contractor The Contractor will also grant the Monitor upon his request and demonstration

of a valid interest unrestricted and unconditional access to his project documentation The

same is applicable to Subcontractors The Monitor is under contractual obligation to treat

the information and documents of the Bidder(s)Contractor(s)Subcontractor(s) with

confidentiality

Notwithstanding anything contained in this Section the Bidder(s)Contractor(s) shall have

no obligation whatsoever to provide any internal costing mechanisms or any internal

financial or commercial data pursuant to any audit or review conducted by or on behalf of

the Principal Further the Bidder(s)Contractor(s) shall not be required to provide any data

relating to its other customers or any personnel or employee related date

4 The Principal will provide to the Monitor 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 Principal and the Contractor The parties offer to the

Monitor the option to participate in such meetings

5 As soon as the Monitor notices or believes to notice a violation of this agreement he

will so inform the Management of the Principal and request the Management to

discontinue or take corrective action or to take other relevant action The monitor can in

this regard submit non-binding recommendations Beyond this the Monitor has no right to

demand from the parties that they act in a specific manner refrain from action or tolerate

action

42 Signature of the Contractor

6 The Monitor will submit a written report to the Chairperson of the Board of the Principal

within 8 to 10 weeks from the date of reference or intimation to him by the lsquoPrincipalrsquo and

should the occasion arise submit proposals for correcting problematic situations

7 If the Monitor has reported to the CMD of the BSNL a substantiated suspicion of an

offence under relevant Anti-Corruption Laws of India and the BSNL has not within

reasonable time taken visible action to proceed against such offence or reported it to the

Corporate Vigilance Office the Monitor may also transmit this information directly to the

Central Vigilance Commissioner Government of India

8 The word lsquoMonitorrsquo would include both singular and plural

Section 9 ndash Pact Duration

This Pact begins when both parties have legally signed it It expires for the Contractor 12

months after the last payment under the contract and for all other Bidders 6 months after

the contract has been awarded

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 dischargeddetermined by

CMD BSNL

Section 10 ndash Other provisions

1 This agreement is subject to Indian Law Place of performance and jurisdiction is the

Registered Office of the Principal ie New Delhi The arbitration clause provided in the

tender document contract shall not be applicable for any issue dispute arising under

Integrity Pact

2 Changes and supplements as well as termination notice need to be made in writing

3 If the Contractor is a partnership or a consortium this agreement must be signed by all

partners or consortium members

4 Should one or several provisions of this agreement turn out to be invalid the remainder

of this agreement remains valid In this case the parties will strive to come to an agreement

to their original intensions

------------------------------------ ----------------------------------

For the Principal For the BidderContractor

Placehelliphelliphelliphelliphelliphelliphelliphellip Witness 1 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphellip Witness 2 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

43 Signature of the Contractor

Anexx-VIII

AGREEMENT

This agreement made on thishelliphelliphellip day of helliphelliphellip Yearhelliphelliphelliphellip Between hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphellipHerein after called ldquo The contractorrdquo (which expression shall unless excluded by or

repugnant to the context include its successors heir executors administrative representative and

assignee) of the one part amp the BSNL (GMTD Mehsana) herein after referred to as the BSNL of

other part Tender No MMTenderMehsana2016-1706 Dated 26102016

Where as the contractor has offered to enter with the said BSNL for the contract for repairing of

EPBT amp CLIP Plan instruments amp Buttons Key in Mehsana SSA Mehsana Telecom District on

the terms and conditions herein contained and the rates approved by the BSNL (copy of rates

annexed) have been dully accepted and whereas the necessary security deposit have been furnished

in accordance with the provision of the tender documents and whereas no interest will be claimed

on the security deposit Now these presents witness and it is hereby agreed and declared by and

between the partiesrsquo presents as follows

(1) The contractor shall during the period of this contract that is to say fromhelliphelliphelliphelliphellipTo

helliphelliphelliphellip or completion of work whichever is earlier or until this contract shall be

determined by such notice as is herein after mentioned safely carried out by means of

Labours employed at his own expense and by means of tools implements of equipments

etc to be supplied by him to his Labours at his own expense all work of repairing of

EPBT amp CLIP instruments as described in tender documents (annexed to the agreement)

when the BSNL or any other person authorized by GMTD Mehsana in that behalf require it

is under stood by the contractor that the quantity of work mentioned in the schedule is

likely to change as per actual requirement as demanded by exigencies of service

(2) The Notice Inviting Tender Bid documents (qualifying and financial) letter of intent

approved rates annexed here to and such other additional particulars instructions

drawings work orders as may be found requisite to be given during execution of work

shall be deemed and taken to be an integral part of the contract and shall be deemed to be

included in the expression ldquoThe agreement) or ldquoThe Contractrdquo wherever herein used

(3) The contractor also supplies the requisite number of workmen with means and materials as

well as tools appliances vehicles for transportation cartage etc required for the proper

execution of work within the prescribed in the work orders

(4) The contractor hereby declares that no body connected with or in the employment of the

BSNL is notshall not ever be admitted as partner in the contract

(5) The contractor shall abide by the terms and conditions rules guide lines constructions

particulars safety precautions etc stipulated in the tender documents including any

correspondence between the contractor and the BSNL having bearing on execution of work

and payments of work to be done under the contract

In witness whereof the partiesrsquo presents have here in to set their representative hands and

seals the day and year in

Signed sealed amp Delivered by

The above named contractor in the presence of

Above written

Witness

(1)

(2) Signed and delivered on behalf of BSNL

Witness

(1)

(2)

44 Signature of the Contractor

ANNEXURE-IX - UNDERTAKING

This deed of undertaking executed on this helliphelliphellip day ofhelliphelliphelliptwo thousand andhelliphellip

by (name of sole proprietorpartnerdirectorauthorized representative the firm

company trust society etc)helliphelliphelliphelliphelliphelliphelliphelliphelliphellipSO helliphelliphelliphelliphelliphelliphelliphellip

residing athelliphelliphelliphelliphelliphelliphelliphelliphelliphellipOn behalf of said helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of the firm company Trust Society etc) having its office athelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

and dully authorized to sign file and verify present undertaking by the said hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of Firm company Society etc) in favour of Bharat Sanchar Nigam Ltd a

Government Of India undertaking having its registered office at Statesman

HouseB-148 Barkhamba Road New Delhi and local office at Administrative

Building Sanchar Bhawan BSNL Pilaji Ganj Mehsana-1 here in after called

BSNL (which terms shall mean and include its successors administrators heirs and

assigns Where as MS BSNL invited bids for repairing of EPBT amp CLIP instruments in Mehsana SSA

IWe participated in the bidding process and emerged as successful bidder with respect to tender No

MMTenderMehsana2016-1706 Dated 26102016

IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Acknowledge that IWe have fully under

stood and aware of the terms amp conditions of the Tendercontract and do hereby unequivocally and

unconditionally undertake and declare that

(1) IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip shall comply with all

the rulesRegulationsLawsGovernment instructionsstatus etc that are

applicable will be made applicable and or are aimed to protect the interest of

the workersemployees engaged by meus in the past and during the course of

performance of the contract with BSNL

(2) IWe shall fully protect indemnity and hold harmless BSNL and its employees

officers Directors agents judgments damages fines penalties and costs

(including legal costs and disbursements) arising from or relating to

Any breach violation of any direction order from any governmental

authority any provisions of the labour laws or any other laws status or

regulations that are or will be aimed to protect the interest of the

workersLabours engaged by the contractors in past and during the

course of this contract

OR

Any other payments claims or liability that may arise for ensuring

compliance of the provisions of any of the labour laws or any other laws

etc OR

Any other claim made by any third party in connection with any violation

of any laws guide lines instructions etc

In witness whereof this undertaking has caused on thehelliphelliphelliphelliphelliphellip

DayhelliphelliphelliphelliphellipMonth ofhelliphelliphellip Year

Date

Place

Signature

Name

Designation

Witness 1 2helliphelliphellip

45 Signature of the Contractor

ANNEXURE-X

E-Tendering Instructions to Bidders

These Special Instructions (for e-Tendering) supplement lsquoGeneral instructions to Biddersrsquo as enclosed in Section IV of this E-Tender Document Wherever there is a conflict the provisions herein shall prevail over those in other pages of this document

Submission of Bids only through online process is mandatory for this Tender

For conducting electronic tendering BSNL Mehsana is using the portal

(httpeprocurementsynisecombsnl1gujarat) of Ms Synise Technologies ltd Pune A - Submission of tender

1 The bidding process will be accepted only through e-tendering platform 2 Availability of e-tendering document e-tender document can be obtained by

downloading it from the website httpeprocurementsynisecombsnl1gujarat the

physical copy of the Tender document would not be available for sale

3 The Tender document shall not be available for download on its submissionclosing date B - General 1 Tender Bidding Methodology

Sealed Bid System ndashldquoSingle Stage using two envelopsrdquo

In this case of two envelope system Financial amp Techno-commercial bids shall be

submitted by the bidder at the same time

2 Broad outline of activities from Bidders prospective

1 Procure a Digital Signing Certificate (DSC)

2 Register on Electronic Tendering System (RETS)

3 Create Users and assign roles on ETS

4 View Notice Inviting Tender (NIT) on ETS

5 Download Official Copy of Tender Documents from ETS

6 Clarification to Tender Documents on ET Query to BSNL (Optional)

View response to queries posted by BSNL as addenda

7 Bid-Submission on ETS

8 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Techno-commercial Part

9 View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond to BSNLrsquos Post-TOE queries

10 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Financial-Part (Only for Technical Responsive Bidders)

For participating in this tender online the following instructions need to be read

carefully These instructions are supplemented with more detailed guidelines on

the relevant screens of the ETS

3 Digital Certificates

For integrity of data and its authenticity non-repudiation of electronic records and be compliant with IT Act 2000 it is necessary for each user to have a Digital Certificate (DC) also referred to as Digital Signature Certificate (DSC) of Class 2 or above issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer httpwwwccagovin]

4 Registration

To use the Electronic Tenderreg portal ( httpeprocurementsynisecombsnl1gujarat) vendor needs to register on the

46 Signature of the Contractor

portal Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e-tendering activities In ETS terminology this person will be referred to as the Super User (SU) of that organization For f u r ther details

p lease v is i t the websiteportal and follow further instructions as given on the site You may also contact tender wizard Helpdesk (as given below) to get your registration acceptedactivated Tender wizard Helpdesk

Telephone 020-30277517 020-30277522020-30277516

[between 1000 hrs to 1800 hrs on working days]

Mobile Nos Mr Hiren Pandar 7774013247 7774013248

E-mail ID helpdesksynisecom [Please mark CC

hirenpsynisecom]

BSNL Contact-1

BSNLrsquos Contact Person AGM MM Mehsana

Telephone Mobile (02762-220855222900)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID agmmmmehbsnlin

BSNL Contact-2

BSNLrsquos Contact Person SDE MM-Mehsana

Telephone Mobile (02762-221855)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID mehsdemm2bsnlin 5 Bid related Information for this Tender (Sealed Bid)

The entire bid-submission would be

online on ETS Broad outline of

submissions are as follows

Submission of digitally signed copy of Tender DocumentsAddendumaddenda

Two Envelopes

Techno-commercial -Part

Financial-Part

Note -

i) If some document is not applicable for the bidder then he has to upload

scanned copy of paper mentioning ldquoThe document ltNamegt called vide

clause helliphelliphelliphelliphelliphelliphellip is not applicable on usrdquo

ii) If document asked for contains more than one page then all those pages may be uploaded in one PDF format file

iii) Please take care to scan documents such that the total size of

documents to be uploaded remains minimum However it shall be sole

responsibility of bidder that the uploaded documents remain eligible

6 Offline Submissions

The bidder is requested to submit the following documents offline to AGM (MM) 2nd Floor Sanchar Bhawan Pilaji Ganj Mehsana-384001 on or before the date amp

time of submission of bids specified in covering letter of this tender

47 Signature of the Contractor

document in a Sealed Envelope The envelope shall bear (name of the tender) the tender number and the words lsquoDO NOT OPEN BEFORErsquo (due date amp time)

1 EMD-Bid Security in Original

2 DD Bankers cheque against payment of tender fee

3 Power of attorney (if applicable) Note The bidder has to upload the Scanned copy of all above said documents during

online Bid submission also

7 Special Note on Security of Bids

Security related functionality has been rigorously implemented in ETS in a multi-dimensional manner Starting with Acceptance of Registration by the Service Provider provision for security has been made at various stages in Electronic Tenderrsquos software Security related aspects as regard Bid Submission are outlined below

As part of the Electronic Encryptertrade functionality the contents of both the lsquoElectronic Formsrsquo and the lsquoMain-Bidrsquo are securely encrypted using a Pass-Phrase created by the Bidder himself Unlike a lsquopasswordrsquo a Pass-Phrase can be a multi-word sentence with spaces between words (eg I love this World) A Pass-Phrase is easier to remember and more difficult to break It is recommended that a separate Pass-Phrase be created for each Bid-Part This method of bid- encryption does not have the security and data-integrity related vulnerabilities which are inherent in E-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid- encryption Bid-encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE) even if there is connivance between the concerned tender- opening officers of the Buyer organization and the personnel of e-tendering service provider

Typically lsquoPass-Phrasersquo of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself when demanded by the concerned Tender Opening Officers who will open the bid Else Tender Opening Officer may authorize the bidder to open his bid himself There is an additional protection with SSL Encryption during transit from the client-end computer of a Supplier organization to the e-tendering server portal

8 Public Online Tender Opening Event (TOE)

ETS offers a unique facility for lsquoPublic Online Tender Opening Event (TOE)rsquo Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices For this purpose representatives of bidders (ie Supplier organization) dully authorized are requested to carry a Laptop and Wireless Connectivity to Internet Every legal requirement for a transparent and secure lsquoPublic Online Tender Opening Event (TOE)rsquo has been implemented on ETS As soon as a Bid is decrypted with the corresponding lsquoPass-Phrasersquo as submitted online by the bidder himself (during the TOE itself) salient points of the Bids are simultaneously made available for downloading by all participating bidders The work of taking notes during a manual lsquoTender Opening Eventrsquo is therefore replaced with this superior and convenient form of lsquoPublic Online Tender Opening Event (TOE)rsquo ETS has a unique facility of lsquoOnline Comparison Chartrsquo which is dynamically updated as each online bid is opened The format of the chart is based on inputs provided by the Buyer for each Tender The information in the Comparison Chart is based on the data submitted by the Bidders in electronic forms A detailed Technical and or Financial Comparison Chart enhances Transparency Detailed instructions are given on relevant screens

48 Signature of the Contractor

ETS has a unique facility of a detailed report titled lsquoMinutes of Online Tender Opening Event (TOE)rsquo covering all important activities of lsquoOnline Tender Opening Event (TOE)rsquo This is available to all participating bidders for lsquoViewing Downloadingrsquo

There are many more facilities and features on ETS For a particular tender the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer

NOTE In case of internet related problem at a bidderrsquos end especially during lsquocritical

eventsrsquo such as ndash a short period before bid-submission deadline during online

public tender opening event etc it is the bidderrsquos responsibility to have backup

internet connections In case there is a problem at the e- procurement

service-providerrsquos end (in the server leased line etc) due to which all the

bidders face a problem during critical events and this is brought to the notice

of BSNL by the bidders in time then BSNL will promptly re-schedule the

affected event(s)

9 Other Instructions

For further instructions the vendor should visit the home-page of the portal

( httpeprocurementsynisecombsnl1gujarat) and go to the User-Guidance Center The help information provided through lsquoETS User-Guidance Centerrsquo is available in three categories ndash

Users intending to Register First-Time Users Logged-in users of Buyer organizations and Logged-in users of Supplier organizations Various links are provided under each of the three categories Note It is strongly recommended that all authorized users of Supplier

organizations should thoroughly peruse the information provided under the

relevant links and take appropriate action This will prevent hiccups and minimize

teething problems during the use of ETS

The following lsquoFOUR KEY INSTRUCTIONS for BIDDERSrsquo must be assiduously adhered to

1 Obtain individual Digital Signing Certificate (DSC or DC) well in advance of

your first tender submission deadline on ETS

2 Register your organization on ETS well in advance of your first tender submission deadline on ETS

3 Get your organizationrsquos concerned executives trained on ETS well in advance of your first tender submission deadline on ETS

4 Submit your bids well in advance of tender submission deadline on ETS as

there could be last minute problems due to internet timeout breakdown etc

While the first three instructions mentioned above are especially relevant to first-time users of ETS the fourth instruction is relevant at all times

10 Minimum Requirements at Bidders end

Computer System with good configuration (Min P IV 1 GB RAM Windows XP)

Broadband connectivity

Microsoft Internet Explorer 60 or above

Digital Certificate(s) for users

49 Signature of the Contractor

ANNEXURE-III

RATE SHEET

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Rate should be quoted in below Rate Sheet

Sr

No

Rates Quoted By Bidder With Respect to SOR (Schedule Of Rate)

Particulars In Figure In Words

1 Above Of SOR

2 Below Of SOR

3 AT PAR

[At Same Rates of SOR]

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

Signature of the Bidder with Seal

Note

1 All faulty instruments are to be repaired except fully broken or fully burnt due to

electric hazards

2 The work may be offered to more than one contractor if required

Signature of the Tenderer with seal

Full Name _____________________

Full Address________________________

  • TABLE OF CONTENTS
    • CERTIFICATE REGARDING NEAR RLATIVES
      • LETTEROF AUTHORISATION FOR ATTENDING BID OPENING
      • Signed sealed amp Delivered by
      • Above written
        • ANNEXURE-IX - UNDERTAKING

9 Signature of the Contractor

Section IV

GENERAL CONDITIONS OF CONTRACT

Bids are invited in two Bid systems Technical Bid (Qualifying) amp Financial Bid (Price

bid)

Method of preparation of Bids

Bids for this tender should be submitted online amp offline in three steps placed as under

these steps should contain the following

Through-

Channel

Bid Envelopes Offline E-tender Online

First-Offline Bid Security (EMD) amp

Tender Fees

DDPay order Bankerrsquos Check for Bid

Security(EMD)amp Tender Fee

Second-Online Tech Bid (Qualifying Bid) Containing documents as per clause 11

of special terms amp conditions

Third-Online Financial Bid (Price bid) Rates quoted by the bidder in

percentage belowabove at par of SOR

The bidder can participate in the E-tender by downloading amp uploads tender from

httpseprocurementsynisecombsnl1gujarat and bidder should submits ldquoTechnical Bidrdquo and

ldquoFinancial Bidrdquo through E-tender site and one envelope the name of Bidder and ldquoTender

fees amp EMD with important documentrdquo may be clearly noted and should be properly

sealed This envelope should bear ldquoTender for Repairing of EPBT amp CLIP instruments in

Mehsana SSArdquo Tender No MM Tender Mehsana 2016-1706 Dated 26102016

DEFINITIONS

The contract means the documents forming the tender and acceptance thereof and the

formal agreement executed between the B S N L and the contractor together with

documents referred to there in including the conditions of contract the specification

designs drawing and instructions issued from time to time by the Official in charge and all

these documents taken together shall be deemed to form one contract and shall be

complementary to one another

1 In the contract the following expressions shall unless where the context otherwise

required have the meaning hereby respectively as signing them

a) The expression (works) or work shall unless there be something either in the subject or

context repugnant to such construction be construed and taken to mean the works by or

by virtue of the contract contracted to be executed whether temporary or permanent

and whether original altered substituted or additional

b) The contractor shall mean the individual or firm or company whether incorporated or

10 Signature of the Contractor

not undertaking the work and shall include the legal personal representative of such

firm or company and the permitted assignees or such individual or the person

composing such firm or company or the successor individual or firm or firms company

c) The designated official nominated representative of the Company means any official

nominated by the GMTD Mehsana to deal with the contractor for making over

material equipment etc to the contractor and to certify the work done by the

contractor

d) The BSNL means the Bharat Sanchar Nigam Limited and his successor

e) GMTD Mehsana

f) The department will mean any office of the BSNL

g) Company means Bharat Sanchar Nigam Limited

h) All reference of -

(i) DepartmentCompany

(ii) General Manager Telecommunications

(iii) Dy General Manager

(iv) Divisional Engineer

(v) Sub Divisional Engineer

(vi) Junior Telecom Officer

(vii) Junior Engineer

(viii) Accounts Officer

(ix) Junior Accounts Officer

In various clauses shall be taken to mean -

i) (i) Bharat Sanchar Nigam Limited a PSU under the Ministry of

Communications Government of India

(ii to ix) The Officers in their respective gradesgroups employed in the company by

whatever designations are assigned to them from time to time and who may be in-charge of

direction execution supervision testing acceptance maintenance of accounts and disposal

of claims from time to time and includes their successors in office Words imparting the

singular number include the plural number and vice-versa

CLAUSES

1 PERIOD OF VALIDITY

Validity of this Bid is 120 days

The rates quoted should be firm and valid for any work that may be issued for period of

11 Signature of the Contractor

one year or up to extended period of contract from the date of issue of final allocation of

the tender or until the completion of the work assigned under each work order whichever is

later

2 LABOUR

a) The contractor shall be responsible for the transportation storage and safe custody of

all EPBT amp CLIP issued to him by the Company The Contractor shall satisfy himself

regularly the quality and quantity of the materials supplied to him and he will be

responsible for any subsequent deterioration and discrepancy (inclusive of theft) in the

quality quantity of the materials

b) The contractor shall submit a proper account every month of all the EPBT amp CLIP

made over to him by the Company and those returned back duly repairs Any

discrepancy or difference between the EPBT amp CLIP issued to the contractor and those

repaired as per the Company s calculation (which shall be final) will be charged to the

contractor or deducted from his bills at cost price including freight handling charges

storage charges etc plus 20 percent departmental charges

c) On completion of the work the contractor shall return to the Company at the latterrsquos

designated store in good condition free of charges any un repaired EPBT amp CLIP that

were supplied by the Company and contractor shall obtain written receipt of goods In

absence of such written receipt it is presumed that goods in question have not been

returned

d) The contractor while taking delivery of EPBT amp CLIP handed over by the Company at

the designated place shall thoroughly inspect all items before taking them over Once

the EPBT amp CLIP are made over to the contractor it shall be his responsibility for safe

custody till taking over of the complete work by the Company Any pilferage damage

etc to the EPBT amp CLIP shall be at the risk and cost of the contractor and charges for

such unaccounted EPBT amp CLIP shall be decided in accordance with (b) above

e) Notwithstanding any thing else herein stated the contractor shall furnish and pay for

all supervision labour tools supplies construction equipment and consumable

materials as may be necessary for the performance of the work and the cost of these

shall be included in the unit repair prices quoted by the Tenderer at the time of

submitting his tender and payable to the contractor

3 GUARANTEE

In addition to any and all other guarantee and warranty mentioned in the contract

documents the contractor guarantees that the entire work will be done in a satisfactory

manner and free from any defect in workmanship and finish and unconformity in all

respect with the specification and direction The contractor also undertakes to repair or

replace as the case may be at his own cost and risk any part of the work which may

damage or that may develop any defects due to bad workmanship or other wise due to the

fault of contractor within a period of agreement

4 METHOD AND MANNER OF PERFORMANCE

The contractor shall be an independent contractor and shall have complete charge of the

men engaged in performance of the work to the performed hereunder and shall perform the

works in accordance with his own methods and at his own risk subject to compliance with

12 Signature of the Contractor

the contract documents The contractor shall throughout the stipulated period of the

contract execute the work in the best contract substantial workmanlike manner and both as

regards manuals and otherwise in respect in strict accordance with the contract documents

or such other additional particulars instruction and drawing as may be found requisite to

be given during execution of the work in force good order among his employees and shall

not employ on the works any unfit person or anyone not capable or not properly qualify to

properly perform the work assigned to him The contractor shall also not employ in respect

of the work or discontinue to employ in respect of the works any employee that the

GMTD MEHSANA SDE may for any reason object to

5 SUB CONTRACTORS

51 The contractor shall not assign subcontract or sublet the whole or any part of the

works covered by the contract or any benefit thereof without the prior written approval of

the GMTD MEHSANA Copies of all agreements entered into with any permitted or sub

contracts including rates for item of work sub-contracted shall be furnished to obtain in

writing prior approval of the GMTD MEHSANA in this behalf before the sub-contract or

the agent or the assignee as the case may be allowed to do work under the contract

52 The GMTD MEHSANA reserves the right to refuse or permit any person or

organization or sub-contractor to particulars in the works covered by the contract The

assignment or sub-contracting or subletting of any such work if permitted by the GMTD

MEHSANA shall not relieve the contractor of any of his liabilities and responsibilities

hereunder the intention being that notwithstanding any assignment or subletting or sub-

contracting the contractor shall be and remain primarily and principally liable to the

Company in terms hereof and for the due fulfillment of the contracted works any assignee

or sub-contractor being regarded merely as the agency of the contractor

53 Each assignee and sub-contractor shall be covered by the contract documents and shall

perform the work which he takes up in accordance with The Company will have the same

privileges and rights with respect to the inspection of work of assignees or sub-contractors

as are provided for under the contract documents governing the work of the contract

54 The contractor shall indemnify and save harmless the Company from and against all

actions suits proceedings loses costs damages charges claims and demands whatsoever

either in law or in enquiry and all costs (inclusive between attorney and client) and charges

and expenses that the Company may sustain suffer or incur arising from or out of or

incidental (to in connection with any act or commission) of the contractor his agent

employee assignee or sub contractor The provision shall also apply to the sub-contractor

or assignee as the case may be

6 REPRESENTATIVE OF THE COMPANY

The Company shall be represented by the GMTD who will be in charge of the work

The Company representative in works site shall be the designated officials or such other

representative as the GMTD MEHSANA may from time to time designate in writing

Notice given in writing by the designated official or GMTD shall be deemed to be

notices given by the Company to the contractor The designated official and such other

representative as GMTD may designate in writing shall be deemed to be authorized

officer to represent the Company in respect of the work of any designated section any

decision agreement or instructions in writing by the Company representative as aforesaid

which is within his powers shall be binding on the contractor

13 Signature of the Contractor

7 REPRESENTATIVE OF CONTRACT

The contractor shall furnish to the Company the scheme of his intended organization and

nominated representative to whom the Company representative can make known decisions

authorizations and interpretations The contractor shall within 10 days after the execution

of the contractagreement notify the Company the name(s) and address(s) of the

representative(s) along with the specimen signature Any change in name and address of

any representative notified aforesaid should be promptly intimated in writing to the

Company Notices given in writing to the representative shall be deemed to be notices

given to contractor This representative shall be fully authorized to represent contractor on

matters involving more than one section of work notification in respect of whom shall

likewise be given to the Company and who shall likewise be the contractors representative

in terms aforesaid

8 INTERPRETATION OF THE CONTRACT DOCUMENTS

The GMTD MEHSANA and the contractor shall in so far as possible by mutual

consultation try and decide upon the meaning and intent of the contract documents In case

of disagreement the dispute will be referred to the sole Arbitrator as provided in the

contract Any change in the contract document shall be set forth in writing by the

representative of the parties hereto It shall be the contractorsrsquo responsibility to thoroughly

familiarize all of his supervisory personnel with the contents of all the contract documents

9 CHANGES EXTRA WORK amp QUANTUM OF WORK

91 Change used herein means a substitution for omission of any work or other

requirement within general scope of the work the performance of the compliance with

which is contemplated by the contract documents

92 Extra work as used herein means any works of compliance with any requirement

other than a change which is not expressly or implied contemplated by the contract

documents and which is necessary to be performed for the proper completion of the

contracted work For the purpose of clarification it is declared that any work or operation

which shall be necessarily incidental to the proper performance of any item of work or part

thereof shall be deemed to have been by implication provided for in the relevant item of

work or part thereof and shall not constitute extra work

93 The GMTD MEHSANA may at his absolute discretion make change in the work

provided for in the contract documents including the commencement of the work and may

require the performance of extra work by the contractor

94 The contractor shall not undertake or make any change or do any work under this

contract unless he has received written instructions from the representative of the

Company

95 The contractor shall not be entitled to any compensation in addition to the contract

price for the performance of any work not envisaged under the contract unless prior to the

performance of such work he has received from the designated official in written

authorization for performance such work

96 For Extra work within the scope of this contract the contractor will receive extra

compensation on the basis of a lump sum unit price as may be agreed upon in advance

between the GMTD MEHSANA and the contractor

14 Signature of the Contractor

97 (a) in cases of such of the works where interpolations of the rates are possible such

rates shall be accepted by both the parties

(b) If the altered additional or substituted work includes any work for which no rates are

specified in the contract for the work can be derived from similar class of work in the

contract than such work shall be carried out at the rate determined by the designated

official on the basis of the prevailing market rates where the work was done

(c) If the rates for the altered additional or substituted work cannot be determined in the

manner specified above then the contractor shall within 7 days of the date of receipt of

order to carry out the work inform the Designated official of the rate which it is his

intention to charge for such class of work supported by analysis of the rate or rates

claimed and the designated official shall determine the rates on the basis of prevailing

market price and pay the contractor accordingly However the Designated official by

notice in writing will be at liberty to cancel his order to carry out such class of work and

arrange to carry it out in such manner as he may consider advisable

98 The quantum of work mentioned in the tender is approximate and subject to vary

However for evaluation purpose the quantum as mentioned in the tender will only be taken

into account

910 The quantum of works (Estimated Cost) of the tender is purely tentative and it can

vary as per requirement of BSNL Mehsana and so successful contractor may not

challenge to BSNL Mehsana in respect to the works of this tender

911 The estimated cost or quantum of work may vary on the basis of actual requirement at

the discretion of GMTD Mehsana limited to + 25 without any change in approved rates

terms amp conditions of contract

10 QUALITY OF WORK

The Company shall be the final judge of the quality of the work and the satisfaction of

the standards in respect thereof set forth in the contract documents Laxity or failure to

enforce compliance with the contract documents by the Company and or its

representative shall not manifest a change or intent or waiver the intention being that

notwithstanding the same the contractor shall be and remain responsible for complete and

proper compliance with the contract documents and the specification therein The

GMTD MEHSANA has the right to prohibit the use of men and any tools materials or

equipments which in his opinion do not produce work or performance meet the

requirement of the contract documents

1l PROTECTION OF WORK

The contractor shall be responsible for all materials equipment furnished or supplied by

the company while in the contractors custody

12 NOTIFICATION

The contractor shall give in writing to the proper person or authority with a copy to the

GMTD MEHSANA such notification as may be mandatory or necessary in connection

with the commencement suspension resumption performance and or completion of the

contracted work All notices shall be given sufficiently in advance of the proposed

operation to permit proper correlation of activities and the contractor shall keep all proper

persons or authority involved regularly advised of the progress or operation through out the

performance of the work together with such other information and or supporting figures

15 Signature of the Contractor

and data as may from time to time as directed or required

13 DELAY IN EXECUTION OF WORK

The Company will make every reasonable effort to furnish the materials required to be

furnished by it under the contract and right of user including the permit required to be

furnished by the Company under the contract and made available in due time so as not to

delay execution of the work The Company will however not be liable to the contractor for

any losses or damages costs charges or expenses that the contractor may in any way

sustain suffer due to delay in making the above available However an extension in time

schedule may be admitted on the above reason

14 SHUT DOWN ON ACCOUNT OF WEATHER CONDITIONS

The contractor shall not be entitled to any compensation whatsoever by reason of

suspension of the whole or any part of the work made necessary by the Company or

deemed advisable on account of bad weather conditions or other unavoidable conditions

15 SECURITY DEPOSIT amp EARNEST MONEY DEPOSIT

EMD (Bid Security) is Rs 9458- amp Performance Security Deposit (PBG) is 10 of

Estimated Tender Cost

151 The security deposit or a part thereof or such balance thereof if any as may remain

after deduction there from in respect of any outstanding bills of the contractor to the

Company shall be paid back to the contractor after termination of contract on expiry of

contract period The contractor shall remain liable to the Company in respect of any

shortfall or discharge of liabilities notwithstanding return of security deposit or any part

thereof The security deposit is required to protect the company against the risk of the

tendererrsquos conduct and breach of contract in which case it would be forfeited without

prejudice to any other action that the company may take against the contractor

152 No interest will be payable on the earnest money or the security deposit or amount

payable to the contractor under the contract

153 Tenderer shall furnish as part of his bid a bid security (Earnest Money Deposit) for a

specified amount The Tenderer (Small scale Units) who are registered with National

Small Scale Industries Corporation under Single Point Registration Scheme are exempted

from bid security (Earnest Money Deposit) up to the amount equal to their monetary limit

In case of Tenderer having monetary limit as no limit the exemption will be limited to Rs

5000000- (Rs Fifty lakhs) only as per the existing policy of Company A proof regarding

current registration with NSIC for the Tendered Item will have to be attached along with

the bid

154 The bid security (Earnest Money Deposit) is required to protect the company against

the risk of tenderers conduct which would warrant the EMD forfeiture pursuant to Para

159

155 The bid security (Earnest Money Deposit) shall be in the form of cash or a Demand

DraftBankerrsquo chequePay order from any NationalizedSchedule Bank payable at

MEHSANA in favour of the AO (cash) BSNL Oo GMTD MEHSANA Payment in any

other form is not acceptable Any Small Scale Industry Firm claiming exemption from the

payment of bid security (Earnest Money Deposit) should submit the copy of the current

registration with National Small Industries Corporation (NSIC) for the tendered items No

16 Signature of the Contractor

interest on bid securityEMD payable

156 A Bid not secured in accordance with Para 153 amp 155 shall be rejected by the

company

157 The bid security (Ernest Money Deposit) of the unsuccessful bidder will be discharged

returned as promptly as possible and no claim whatsoever in this respect would be

entertained

158 The successful bidderrsquos bid security (Earnest Money Deposit) will be returned after

the bidderrsquos acceptance of the tender amp performance security deposit

159 The bid security (Earnest Money Deposit) will be forfeited

a) If the Tenderer withdraws his bid during the period of bid validity specified by

the Tenderer on the Bid form Rate sheet Price Bid or

b) In the case of a successful Tenderer if the bidder fails

i) to sign the Agreement contract amp

ii) to furnish Security Deposit

1510 The performance security deposit (PSD) deposited by the successful bidder in the

form of Cash or in PBG will be released after successful completion of contract and no due

pending against him

16 INSPECTIONS AND TESTING

The GMTD MEHSANA or his representative or any of the officers shall have free

access to the work site at all time for inspection The contractor shall render to the

representative of the company all possible assistants and facilities for the purpose

17 ASSESSMENTS PERMITS LICENCES AND OTHER FACILITIES

17l The contractor shall obtain provide at his own cost all assessments permits and

licenses necessary to do its work

172 The contractor shall be responsible for obtaining at his expense such licenses

permitfacilities as are necessary for the contractor to operate and do business in the

republic of India and in the state in which the work is to be performed

173 The contractor will not be entitled to extra compensation for hardship and increase in

cost Some cases may necessitate special method of execution of work and such

contingency shall deemed to have been provided for in the rates

18 PROTECTION OF LIFE AND PROPERTY AND EXISTING FACILITIES

181 The contractor is fully responsible for taking all possible safety precautions during

preparation for and actual performance of the work

182 The contractor shall undertake to indemnify and keep indemnified the Company from

and against all actions cause of actions damages claims and demand whatsoever either in

law or in inquiry and all losses and damages and costs (inclusive between attorney and

client) charges and expenses in connection there with and or incidental thereto The

contractor shall take all responsibility and risk in the execution of the work

183 It shall be the responsibility of the contractor to see that his employees or any other

person does not misbehave with anybody in company

17 Signature of the Contractor

19 INDEMNITIES

191 The contractor shall at all time hold the Company harmless and indemnify from

against all actions suits proceeding work cost damages charge claims and demand of

every nature and description brought or procured against the Company its officer and

employee and forth with upon demand and without pretest or demur to pay to the

Company any and all losses and damages and cost (inclusive between attorney and client)

and all costs incurred in endorsing this or any other indemnities or security which the

Company may now or at any time have related to the work or the contractors obligations

or in protecting or endorsing its right in any suit or other legal proceeding charges and

liabilities resulting from or incidental or in connection with injury disease or disablement

or death of any person (s) including employee of the contractor or damage to the property

resulting from or arising out of or in any way connected with or incidental to the operator

cause by the contractor documents In addition the contractor shall reimburse the Company

or pay to the Company forthwith on demand without protest or demure all costs charges

and expenses and losses and damages otherwise incurred by it in consequence of any

demands and actions which may be brought against the Company arising out of or

incidental or in connection with the operation covered by the contractor

192 The contractor shall at his own cost at the Company request defend any suit or other

proceeding asserting a claim covered by this indemnity but shall not settle compound or

compromise such suit or other finding without first consulting the Company

20 COMPLIANCE WITH LAW AND REGULATIONS

201 During the performance of the work the contractor shall at his own cost and initiative

fully comply with all applicable law of the land and with any and all applicable by-laws

rules regulations and orders and any other provision having in forces of any Company

Company agencies or department municipal board Company or other regulatory or

authorized body of person and shall provide all certificate of compliance therewith as may

be required by such applicable law by-law rules regulation orders or provision The

contractor shall assume full responsibility for the payment of all contributions and pay roll

taxes as to its employee servants or agent engaged in the performance of the work

specified in the contract documents The contractor require any assignee or sub-contractor

to whom any portion of the work to be performed hereunder may be assigned subleased

or sub-contracted to comply with the provision of the clause and in this connection the

contractor agrees as to undertake to save and hold the Company harmless and indemnified

from and against anyall penalty actions suits losses and damages claims and demands

and cost (inclusive between attorney and client) charges and expenses whatsoever arising

out of occasioned indirectly or directly by failure of the contractor or any assignee or

sub-contractor to make full and proper compliance with the said by-laws rules regulation

law and order and provision as aforesaid

202 Subject to the provisions of the contractor labour (Abolition and regulation Act

1970) the contractor shall not commence actual work unless he produces a receipt from

the concerned licensing authority that he has applied for licensees from the prescribed

licensing authority which may be produced within the period of 15 days or commencing

the work

203 Contractor will have to carry out the work under the rules and regulation of Labour

Act

18 Signature of the Contractor

21 OPTIONAL TERMINATION BY COMPANY (OTHER THAN DUE DEFAULT OF

CONTRACTOR)

211 The Company may at any time at its option cancel and terminate this contract by

written notice to the contractor in which event the contractor shall be entitled for payment

for the work done upto the time of such cancellation

212 In the event of the termination of the contract the contractor shall forthwith hand over

possession of the EPBT amp CLIP Concerned to the company or as the company may direct

213 The Company may at its option cancel or omit the execution of one or more items

of work under this contract and any part of such item(s) without any compensation

whatsoever to the contractor

22 TAXES AND DUTIES

Contractor shall pay all rates levies fees royalties taxes and duties except service tax

payable or arising from out of by virtue of or in connection withor incidental to the

contract or any of the parties in terms of the contract documents andor in respect of the

works or operation(s) or any part thereof to be performed by the contractor and the

contractor shall indemnify and keep indemnified the company from and against the same

or any default by the contractor in the payment thereof other taxes imposed by the

Government will be borne by the contractors Service tax will be paid by BSNL provided

that service tax particulars supplied amp claimed in bills

23 BREACH OF CONTRACT

The Designated officialnominated representative may without prejudice to his right

against the contractor in respect of any delay or inferior workmanship or otherwise or to

any claims of damage in respect of any breaches of the contract and without prejudice to

any rights or remedies under any of the provisions of this contract or otherwise and

whether the date for completion has or has not elapsed by notice in writing absolutely

determine the contract in any of the following cases -

(i) If the contractor having been given by the designated official nominated

representative a notice in writing to rectify reconstruct or replace any defective work or

that the work is being performed in any inefficient or otherwise improper or un work

manlike manner shall omit to comply with the requirements of such notice for a period of

fifteen days thereafter or if the contractor shall delay or suspend the execution of the work

so that either in the judgment of the Designated official (which shall be final and binding)

he will be unable to secure completion of the work by the date for completion or he has

already failed to complete the work by that date

(ii) If the contractor being a company shall pass a resolution or the court shall make an

order that the company shall be wound up or if a receiver or a manager on behalf of a

creditor shall be appointed or if circumstances shall arise which entitle the court or creditor

to appoint a receiver or a manager or which entitle the court to make a winding up order

(iii) If the contractor commits breach of any of the terms and conditions of this contract

(iv) If the contractor commits any acts mentioned in clause thereof

24 When the contractor has made himself liable for action under any of the aforesaid

19 Signature of the Contractor

clauses the Designated official on behalf of the company shall have powers -

(a) To determine or rescind or terminate the contract as aforesaid (of which termination

or rescission notice in writing to the contractor under the hand of the Designated

officialnominated representative shall be conclusive evidence) Upon such determination

or rescission the Security deposit of the contractor shall be liable to be forfeited and shall

be absolutely at the disposal of Company Notice for period of 15days will be received

from the date of issue of notice

(b) To employ other agency paid by the company and to supply materials to carry out the

works or part of the work debiting the contractor with the cost of the work and the price of

the materials (of the amount of which cost and price certified by the Designated official

shall be final and conclusive against the contractor) and crediting him with the value of the

work done in all respects in the same manner and the rates as if it had been carried out by

the contractor under the terms of the contract The certificate of the GMTD-MEHSANA as

to the value of the work done shall be final and conclusive against the contractor provided

always that action under the sub-clause shall only be taken after giving notice in writing to

the contractor Provided also that if the expenses incurred by the company are less than the

amount payable to the contractor at his agreement rates the difference should not be paid

to the contractor

(c) After giving notice to the contractor to measure up the work of the contractor and to

take such part thereof as shall be unexecuted out of his hands and to give it to another

contractor to complete in which case any expenses which may be incurred in excess of the

sum which would have been paid to the original contractor if the whole work has been

executed by him (of the amount of which excess the certificate in writing of the Designated

official shall be final and conclusive) shall be borne and paid by the original contractor and

may be deducted from any money due to him by company under this con tract or on any

other account whatsoever or from his security deposit or the proceeds of sales thereof or a

sufficient part thereof as the case may be

25 In the event of any one or more of the above courses being adopted by Designated

official the contractor shall have no claim to compensation for any loss sustained by him

by reason of his having purely leased or procured any materials or equipment or entered

into any agreement or made any advances account or with a view to the execution or the

work or the performance of the contract and in case action is taken under any of the

provisions aforesaid the contractor shall not be entitled to recover or be paid any sum for

any work thereto or actually performed under this contract unless and until Designated

official has certified in writing the performance of such work and the value payable in

respect thereof and he shall only be entitled to be paid the value so certified

26 In any case in which any of the powers conferred upon the Designated official by

clause 24 thereof shall have become exercisable and the same shall not be exercised the

non exercise thereof shall not constitute a waiver of any of the conditions hereof and such

powers shall notwithstanding be exercisable in the event of any future case of default by

the contractor and the liability of the contractor for compensation shall remain unaffected

In the event of the Designated official putting in force all or any of the powers vested in

him under the proceeding clause he may if he so desires after giving a notice in writing to

the contractor take possession of (or at the sole discretion of the Designated official which

shall be final) use as on hire (the amount of the hire money being also in the final

determination of the Designated official) all or any tools materials and stores in or upon

the works or the materials belonging to the contractor or procured by the contractor and

20 Signature of the Contractor

intended to be used for the execution of the contract or any part thereof paying or

allowing for the same amount at the contract rates or in the case of these not being

applicable at current market rates to be certified by the Designated official whose

certificate thereof shall be final otherwise the Designated official by notice in writing may

order the contractor or his clerk of the works foremen or other authorized agent to remove

such tools plants materials stores from the premises (within and time to be specified to

comply with any such requisition the Designated official may remove them all at

contractors expense or sell them by auction or private sale on account of the contractor and

it his risk in all respects and the certificate of the Designated official as to the expense of

any such removal and the amount of the proceeds and expenses of any such sale shall be

final and conclusive against the contractor

27 If the contractor shall desire an extension of time for completion of the work on the

grounds of his having been unavoidably hindered in its execution or on any other ground

he shall apply in writing to the Designated official within seven days of the date of

hindrance on account of which he desired such extension as aforesaid and the Designated

official shall if in his opinion (which shall be final) reasonable grounds be shown

therefore authorize such extension of time if any as may in his opinion be necessary or

proper

28 If at any time after the commencement of the work the company for any reason

whatsoever not require the whole thereof as specified in the tender to be carried out the

Designated official shall give notice in writing of the fact to the contractor who shall have

no claim to any payment of compensation whatsoever on account of any profit or

advantage which he might have derived from the execution of the work in full but which

he did not derive in consequence of the full amount of the work not having been carried

out neither shall he have any claim for compensation by reason of any alterations having

been made in the original specifications drawings designs and instructions which shall

involve any curtailment of the work as originally contemplated

29 INSPECTION

All work under or in course of execution or executed in pursuance of the contract shall at

all times be open to the inspection and supervision of the Designated official and his

authorized subordinates and the contractor shall at all times during the usual working hours

and at all other times at which reasonable notice of the intention of the Designated official

or his subordinate visit the works shall have been given to the contractor either himself be

present to receive order and instructions or have a responsible agent duly a credited in

writing present for that purpose Orders given to the contractors agent shall be considered

to have the same force as if they had been given to the contractor himself

30 WORKMENS COMPENSATION

In every case in which by virtue of the provisions of section 12 sub-section

(i) of the workmenrsquos compensation Act 1923 Company is obliged to pay compensation to

a workman employed by the contractor in execution of the works Company will recover

from the contractor the amount of the compensation so paid and without prejudice to the

rights of the Company under section 12 Sub section

(ii) of the said Act Company shall be at liberty to recover such amount or any part thereof

by deducting it from the security deposit or from any sum due by the company to the

contractor whether under this contract or otherwise Company shall not be bound to contest

21 Signature of the Contractor

any claim made against it under section-12 subsection (i) of the said Act except on the

written request of the contractor and upon his giving to company full security for all costs

for which Company might become liable in consequence of contesting such claim

31 LABOUR WELFARE

311 In every case in which by virtue of the provisions of the contract Labour (Regulation

and Abolition) Act 1970 and of the contract labour (Regulation and abolition) Central

Rules 1971 Company is liable to pay any amounts of wages to a workman employed by

the contractor in execution of the works or to incur any expenditure in providing welfare

and health amenities required to be provided under the above said Act and the Rules under

clause 19 to 19 J and 20 of PWD-8 or under the CPWD Contractors Labour

Regulations or under the Rules framed by Government from time to time for the

protection of health and sanitary arrangements for workers employed by CPWD

contractors company will recover from the contractor the amount of wages so paid or the

amount of expenditure so incurred and without prejudice to the right of the Government

under section 20 sub-section (ii) and section 21 sub-section (4) of the contractor Labour

(Regulation and Abolition) Act 1970 company shall be at liberty to recover such amount or

any part thereof by deducting it from the security deposit or from any sum due by the

company to the contractor whether under this agreement or otherwise company shall not

be bound to contest any claim made against it under section 20 except on the written

request of the contractor and upon his giving to the company full security for all costs for

which Government might become liable in contesting such claim

312 The contractor shall obtain a valid licence (If required depending upon the number of

persons engaged and the nature of the work intended) under the contract Labour (RampA)

Act 1970 and the contract labour (R amp A) Central Rules 1971 before the commencement

of the work and continue to have a valid license until the completion of the work

313 Any failure to fulfill this requirement shall attract the penal provisions of this

contract arising out of the resultant non-execution of the work

314 No person below the age of (18) eighteen years shall be employed on the work

32 FAIR WAGES

(a) The contractor shall pay to persons employed by him either directly or through sub-

contractor wages not less than fair wages as defined in the CPWD Contractors Labour

(Regulations and Abolition) Act 1970 and the contract labour (Regulation and Abolition)

Central Rules 1971 wherever applicable

(b) The contractor shall notwithstanding the previsions of any contract to the contrary

cause to be paid fair wages to persons indirectly engaged on the work including any

labour engaged by his sub contractor in connection with the said work as if the labour had

been immediately employed by him

(c) The General Manager Telecom District MEHSANA or his subordinate officer

concerned shall have the right to deduct from the money due to the contractor any sum

required or estimated to be required for making good the loss suffered by a worker or

workers by reasons of non-fulfillment of the conditions of the contract for the benefit of

the workers non payment of wages or of deduction made from his or their wages are not

justified by their terms of the contract or non-observance of the Regulations

22 Signature of the Contractor

(d) The contractor shall comply with the provisions of the payment of wages Act 1936

Minimum wages Act 1948 Employees Liability Act 1938 Workmenrsquos compensation Act

1923 Industrial Disputes Act 1947 Maternity Benefits Act 1961 and the contractorrsquos

Labour (regulation and abolition) Act 1970 or the modifications there of or any other laws

relating thereto and the rules made there under from time to time

(e) The contractor shall indemnify Government against payments to be made under and

for the observance of the laws aforesaid without prejudice to his right to claim indemnity

from his sub-contractors

(f) The regulations aforesaid shall be deemed to be a part of this contract and any breach

thereof shall be deemed to be a breach of this contract

33 OTHER LABOUR WELFARE MEASURES

The contractor shall comply with all the provision of the Minimum wages Act 1948

Contractor Labour (R amp A) Act 1970 and rules framed and other labour laws affecting

contract labour that may be brought into force from time to time

34 The contract shall not assign or sublet without the written approval of the GMTD

MEHSANA or his nominated representative and if the contractor shall assign or sublet his

contract or attempt so to do or become insolvent or commence any insolvency proceeding

or make any composition with his creditors or attempt so to do or if any bribe gratuity

gift loan perquisite reward or advantage pecuniary or otherwise shall either directly or

indirectly be given promised or offered by the contractor or any of his servants or agent to

any public officer or person in the employ of Government in any way relating of his office

or employment or if any such officer or person shall become in any way directly or

indirectly interested in the contract the Designated official on behalf of the President of

India shall have power to adopt any of the coursed specified in clause 24 as he may deem

best suited in the interest of Government and in the event of any of these course being

adopted the consequences specified in the said clause 24

35 All sums payable by way of compensation under any of these conditions shall be

considered as reasonable compensation to be applied to the use of Government without

reference to the actual loss or damage sustained and whether or not any damage shall have

been sustained

36 PARTNERSHIP FIRMS

Where the contractor is a partnership firm the previous approval in writing of the

Designated officialnominated representative shall be obtained before any change is made

in the constitution of the firm Where the contractor is an individual or a Hindu undivided

family business concern such approval as aforesaid shall like wise be obtained before the

contractor enters into any partnership agreement where under the partnership firm would

have the right to carry out the work hereby undertaken by the contractor If previous

approval as aforesaid is not obtained the contract shall be deemed to have been assigned in

contravention of Clause hereof and the same action may be taken and the same

consequence shall ensure as provided in the said clause

37 All works to be executed under the contact shall be executed under the direction and

subject to the approval in all respected of the Designated official who shall be entitled to

direct at what point or points and in what manner they are to be commenced and from time

to time carried on

23 Signature of the Contractor

38 Whenever any claim against the contractor for the payment of a sum or money arises

out of or under the contract Government shall be entitled to recover such sum by

appropriating in part or whole the security deposit of the contractor and to sell any

Government Promissory Notes etc forming the whole or part of such security In the event

of the security being insufficient or if no security has been taken from the contractor then

the balance or the total sum recoverable as the case may be shall be deducted from any

sum then due or which at any time thereafter may become due to the contractor under this

or any other contract with Government Should this sum be not sufficient to cover the full

amount recoverable the contract shall pay to Government on demand the balance

remaining dues

39 AUDITS AND TECHNICAL EXAMINATION

391 Company shall have the right to cause an audit and technical examination of the

works and the final bills of the contractor including all supporting vouchers abstract etc to

be made after payment of the final bill and if as a result of such audit and technical

examination any sum is found to have been overpaid in respect of any work done by the

contractor under the contract or any work claimed by him to have been done by him under

the contract and found to have amount of over payment and it shall be liable to refund the

amount of over payment and it shall be lawful for Company to recover the same from him

in the manner prescribed or in any other manner legally permissible and if it is found that

the contractor was paid less than what was due to him under the contract in respect of any

work executed by him under it the amount of such under payment shall be duly paid by

Company to the contractor

392 Any sum of money due and payable to the contractor (including Security Deposit

returnable to him) under this contract may be appropriated by the Company and set off

against any claim of the Company for the payment of a sum or money arising out of or

under any other contract made by the contractor with the Company

40 Contractor shall not enter into agreement with any other unit on approved tender of

GMTD MEHSANA without prior approval of the General Manager Telecom District

MEHSANA

41 Without prejudice to any of the rights or remedies under this contract if the contractor

dies the GMTD MEHSANA on behalf of the company shall have the option of

terminating the contract without compensation to the contractor

42 No Engineer of gazetted rank or other gazetted officer employed in Engineering or

administrative duties in an Engineering Department of the Government of India is allowed

to work as contractor for a period of two years of his retirement from Government service

without the prior permission of Government of India This contract is liable to be canceled

if either person who had not obtained the permission of Government of India as aforesaid

before submission of the tender or engagement in the contractors service as the case may

be

43 COMPENSATION FOR DELAY The time allowed for carrying out the work as

mentioned shall be strictly observed by the contractor and shall be deemed to be of the

essence of the contract on the part of the contractor However for special jobs if the

contractor has submitted a time schedule and the same has been accepted by the designated

officialnominated representative of the company the contractor shall comply with the

said time schedule

24 Signature of the Contractor

44 TIME LIMIT amp LIQUIDATED DAMAGE CHARGES

441 It will be at the discretion of the GMTD MEHSANA to revise or modify or extend

the time limits specified for the total work awarded to the contractor or to further specify

the quantum of work to be completed within a specified period provided a written request

has been received from the contractor explaining the reasons for which such extension of

time is asked for and the GMTD MEHSANA in the particular case is convinced and

satisfied that such extension or revision or modification is in the interest of the

Government In such cases payment of liquidated damage as compensation for delay

becomes liable based on such revised or modified or extended time limits and the

conditions under which such extension or modification or revision has been made

Liquidated damage will be charged as per Special Condition clause No2 amp 3 read as

under

1 Delay in collection - Rs5- per instrument per week or part there of for entire lot of

unserviceable instruments collected delayed subject to a maximum Rs20- per instrument

in case timely collection is not done as per 2(b) of special conditions

2 Delay in delivery- Rs2- per week or part there of on the entire lot of instruments

delivered delayed in case of delivery not made timely as per Para 3 of Special conditions

442 The contractor shall have to complete the contractual work within stipulated period

and it is very clearly understood between the parties that the time is made the essence of

contract

45 The Company assumes no responsibility whatever for any oral understandings or

representations made by any its officers or agents or servants prior to the execution of the

contract and all previous negotiations and understandings are hereby canceled

46 STORERSMATERIAL SUPPLIED BY THE GOVERNMENT

All materials supplied to the contractor by the company shall remain the absolute

property of Company and shall not be removed from site of the work except for use in the

work and shall be at all times open to inspection by Designated official

47 In the event of the contractor being adjudged insolvent or going voluntarily into

liquidation or having received order or other order under insolvency Act made against him

or in the case of a company of the passing of any resolution or making of any order for

winding up weather voluntarily or otherwise or in the event of the contractor failing to

comply with any of the conditions herein specified the GMTDMEHSANA shall have

the power to terminate the contract without previous notice

48 ACCEPTANCES AND MEASUREMENT

481 It is important that the work carried out by contractor is approved by the designated

official nominated representative of the company

482 The designated official nominated representative of the Govt and the contractor or

his authorized representative will certify under their signature at the appropriate places that

the work carried out is as per the specification

49 PRICE VARIATION

25 Signature of the Contractor

The Company shall not be responsible for any escalation in prices of labour or materials

machinery equipment etc whatsoever or any increase in any duties levies or taxes in

respect thereof whatsoever and the contractor rates and contractors obligations shall

remain unaffected by such escalation and or increases

50 FORCE MAJEURE

In the event of either party being rendered unable by force majeure to perform this

contract than the obligations of the party effected by such force majeure shall be

suspended for the whole period during which such cause lasts and until normal operation

are resumed and when such cause ends the execution of this contract must be resumed

with all responsible dispatch should the execution of this contract be suspended by force

majeure than a corresponding extension of the completion date shall be automatically

granted The occurrence of a cause of force majeure however shall not relieve the

company and its obligation to make payment to the contractor for the work satisfactorily

executed prior thereto The terms force majeure as employed herein shall mean act of God

war declared or undeclared hostilities enemy actions revolts riots legal lock outs and

eligible strikes tidal waves forest fires major floods explosions earth quakes epidemics

sabotage extra ordinary act and Regulation of central or state Government or Municipality

Bodies Upon the occurrence of such causes and its termination the parties rendered unable

as aforesaid shall notified the other party in writing within 72 hours of the beginning and

ending dates giving full particulars and evidences if required

51 PAYMENTS

The contractor shall prepare the bills claiming shown as labour cost and material cost

separately The contractor shall submit the bills within 30 days after completion of the

work duly certified by the designated officialnominated representative of company

GMTD MEHSANA has full right to disallow the payment of the bills received after 30

days of completion of work

52 The GMTD MEHSANA may however at his discretion allow the contractor to

submit fortnightly bills or at the end of each work

53Income tax at the rate in force at that time would be deducted from his payments of bills

as Tax deducted at source However if any new legislation comes into effect for

deduction of tax at source at any other rate deduction will be made at that rate

The GMTD MEHSANA will issue necessary Income tax deduction certificate or the

Accounts Officer detailing the amount so deducted As Tax Deducted at Source at the time

of payment or each bill

54 The Tenderer should submit all requisite documents including EPF related documents

as per clause in tender terms amp conditions and special conditions along with the bill if

applicable

55 PAYMENT PROCEDURE

551 The bills are to be submitted in TRIPLICATE and in the manner and form that may

be prescribed by the GMTD MEHSANA from time to time ldquoAccounts Payeerdquo cheque

for amount passed in the bill will be issued only after the contractor gives a stamped

receipt for the amount unless the bills are pre-receipt Only Accounts Payee Cheques

drawn on the branch of the state bank of India or other bank in which the GMTD or the

26 Signature of the Contractor

Accounts Officer may be having drawing assignment account will make payments The

payments will be made either by the Accounts Officer or by any other official who at any

period of time may be convenient to the company

552 Any liquidated damages due shall also be recoverable from the bills submitted for the

payment by the aforesaid officer

553 The security deposit with the GMTD Shall be considered for adjustment against

liquidated damages only at the time of final conclusion of the contract and final settlement

of account

554 The GMTD MEHSANA will have e the right to recover liquidated damages for

delay or slow progress of the works from the bills submitted for payment

555 The final settlement of the bills and refund adjustmentappropriation of any amount

detained from the running bill of the contractor shall be made fully after the GMTD is

satisfied that all the contractual obligation have been fully met and no amount remain due

for recovery from the contractor on any count Unless there are specific reasons all

accounts are expected to be settled within a period of six months from the date of

completion of the works in all respects

56 FINAL ACCEPTANCE

If any of the work is found to be unsatisfactory by the designated officialnominated

representative of the govt the contractor shall be intimated in writing of the corrections

repairing to be carried out The contractor shall be required to correct all defects that

remain evident at any time prior to final acceptance of the contractors works by the

GMTD MEHSANA The cost of all such repairs and corrections shall be borne by the

contractor Failure or neglect on the part of the GMTD MEHSANA or his representative

to confirm or reject inferior work notwithstanding final acceptance of the work or any part

thereof by the company THE GMTD MEHSANA Designated official or his

representative shall not be construed to imply the acceptance of such work The provision

of this clause shall not in any way affect or limit the contractors liability under the

undertaking and guarantee contained in the contract documents

57 DISPUTES AND ARBITRATION

All dispute arising between the contractor and GMTD MEHSANA out of this contract

shall be referred to the sole arbitration in the following manners -

a) In case parties are unable to reach a settlement by themselves the dispute should be

submitted for arbitration in accordance with contract agreement

b) There should not be a joint submission with the contractor to the sole arbitrator

c) Each party should submit its own claimed severely and may oppose the claim put

forward by the other party

d) The onus of establishing his claims will be left to the contractor

e) His claim will be firmly resisted by utilizing all the evidence available with the

company

27 Signature of the Contractor

f) Once a claim has been included in the submission by the contractor a retraction or

modification thereof will be opposed

g) The Point of Defense will be based on actual condition of the contract

h) The question whether these conditions are equitable shall not receive any consideration

in the preparation of Points of Defense

i) The arbitrator shall not entertain claims in the nature of ex-gratia payments as these

are not contractual

j) If the contractor including such claims in his submission the fact that they are not

contractual will be prominently placed before the arbitrator

k) In case the amount involved is heavy the sole arbitrator may be within his rights to

conduct the defense by the government pleader

The award of the sole arbitrator shall be final and binding on the parties to the dispute It

is further agreed that reference to the sole arbitration of officer appointed as arbitrator is

conditions precedent and none will be entitled to move the court without referring the

matter to sole arbitrator

58 Contractor should produce latest Income Tax CertificateSales Tax registration

certificate

59GMTD Mehsana reserves the rights to terminate RRC for breach of

conditionconditions of the agreement after giving a show cause notice of 14 days and after

examining reply if any filed by him pursuance to show cause notice

60 GMTD Mehsana reserves the rights to engaged one or more contractors for this work

61 Rates to be quoted in ANNEXURE ndash III Financial Bid in separate sealed cover and

declaration to be given in ANNEXURE-II-A amp ANNEXURE ndash II B duly signed by all

partnersdirectors of the companyfirm

28 Signature of the Contractor

SECTION ndash V

SPCECIAL CONDITIONS

Work Orders shall be issued by concerned SDE approved by DE

1 Scope of the work Repairing of faulty electronic CLIP push button telephone

instruments buttons key including plan instrument It shall cover all instruments

including those having PCB Display of CLI and burnt out due to their connections

to powers inadvertently but excluding PBT with bakelite portion broken

discolored

2 Collection of faulty instruments

A For lifting of faulty instruments the minimum lot size will be of 20 units

the SDEexchange in charge will intimate the quantity of faulty instruments

accumulated with him over telephone or by FAX to the contractor

B The contractor shall ensure the collection of the faulty instruments within

three working days of the date at giving work order or intimation over telephone or

by FAX on working days between 10 AM to 17 PM at his cost

C The contractor shall acknowledge the receipt of the faulty instruments made

over to him

3 Duration of repair

A The contractor shall repair the faulty instruments at his own work-shop and

return the same to SDEexchange in-charge concerned at his own cost within one

week of its collection (for calculating one week the day of collection and day of

handing over will be inclusive)

B After carrying out repairs of the faulty instruments the contractor shall

offer the instruments to SDEExchange in-charge or JTO nominated by him for

inspection and testing one day before the expiry of schedule delivery date The

decision of the inspecting officer as to accept the repaired instruments will be final

and binding on contractor

C The contractor shall pack each repaired instrument suitably in a

polythene bag after polishingbuffing while returning them to SDE

D The contractor shall paste stiker with date of repairing on back side of

each repaired instrument while returning them to SDE

E The repaired instruments shall be returned back to the same SDEExchange

in-charge unless specified otherwise from where these instruments were collected

for repairs

4 Warranty repair

The contractor will undertake quality repair which will ensure the normal

troubledefect free performance of the instruments for a period of 12 months from

the date of inspection and clearance In case the repaired instruments develops

any defect or any deficiency or fault ie it becomes faulty during the warranty

29 Signature of the Contractor

period the contractor shall rectify repair and remedy such defects deficiency in the

repaired instruments at his own cost and expenses

5 A Method of evaluation

Tenders will be evaluated with reference to the total cost worked out by

multiplying rates quoted by Tenderer with approximate number of EPBT amp

CLIP Instruments as shown in the price bid

B Reports

1 The contractor shall furnish a summary of fault found and namedetails of

the components replaced in the instruments repaired while offering them for

inspection

2 The contractor shall also furnish a quarterly analysis of faulty and repaired

batch wise as per Annexure-I

6 Quality of components

The contractor shall use good quality components for repairs of the instruments

The replaced parts should be purchased by the contractor from DOT approved

source s

7 Liquidated damage

1 Delay in collection Rs 5- per instruments per week or part thereof for

entire lot of unserviceable instruments collected delayed subject to a

maximum of Rs 20- per instruments In case timely collection is not don as

per Para 2(B) above

2 Delay in delivery Rs2 per instrument per week or part thereof on the

entire lot of instruments delivered delayed in case delivery not made timely

as per Para 3 above

8 Quantum of EMD and PSD

EMD as per NIT - to be paid either in cash or in form of DDBankerrsquos

ChequePay Order from NationalizedScheduled Bank in favour of Accounts

Officer (Cash) BSNL Oo GMTD ndash Mehsana payable at Mehsana

Performance Security Deposit 10 of estimated cost of tender payable either in cash or DD or in form of Bank guarantee

from Nationalized BankScheduled Bank for a period of 24 months which will be released or refunded after successful

completion of contract and no due pending against contractor 9 Extension of validity of RRC period Period of RRC will normally

be one year However GMTD Mehsana reserves the right to extend it for a further period of six months or one year or part

there of under the same rates and terms and conditions

Estimated cost for the second year or part there of shall be considered same as approved for first year or part

there of on pro-rata basis

30 Signature of the Contractor

10 Eligibility The bidder should have

Experience of repairing of CLIP or EPBT Instruments in DOTBSNLGovt

PSU Private SectorFirm for one year during last five years as per NIT

11 Documents to be submitted with Technical Bid (Qualifying Bid) to establish

their eligibility for bidding

111 Experience certificate (self attested copy) issued by not below the rank of DEAGM in

DOTBSNLGovtPSUPrivate SectorFirm as required under clause 10 above

112 Self attested Copy of registration of firm (not required for proprietorship)

113 For EPF particulars submit the EPF registration certificate if applicable

(If not applicable submit the clarification as to how not applicable and submit

undertaking on Non judicial stamp paper of Rs 50- regarding submission of it within

one month after the agreement with BSNL Mehsana) If the firms which are under

partnership deed Company Pvt Ltd shall have to submit EPF registration certificate

If not obtain they shall have to obtain the earliest and latest by the time of agreement

They shall have to submit necessary undertaking certificate for this in ANNEXURE-

VI

114 Self attested Copy of Registration particulars with Central Excise for Service Tax If

undertaking is given he shall have to submit within one month before agreement failing

which there will be no agreement (If Service tax is not applicable he shall have to

submit reasons as to how it is not applicable)

115 Partnership deed amp power of attorney who has signed the bid (self attested copy) if

applicable

116 Bio-data of Tenderer in ANNAXURE--IV

117 Declaration to be given in ANNEXURE-II A amp II B

12 Rates to be quoted in ANNEXURE-III In Financial Bid to be submitted separately

in sealed cover

13 GMTD Mehsana reserves the rights to terminate RRC for breach of condition

conditions of the agreement after giving a show cause notice of 14 days and after

examination reply if any filled by him pursuance to show cause notice

14 EPF contribution in respect of LabourEmployees employed by the contractor for

execution of works of BSNL if applicable The contractor will have to

fulfillcompliance of the provisions of EPF amp Misc provisions Act1952 amp Employees

provident fund scheme-1952 by the contractor in respect of LaboursEmployees

engaged by them for performing the work of BSNL while submitting the claim of bills

towards works executed by him if applicable he must accompany the

i List showing the details of LaboursEmployees engaged

ii Duration of their engagement

iii The amount of wages paid to such LaboursEmployees for the duration in question

iv Amount of EPF contribution (both employees amp employers contribution) for the

duration of engagement in question paid to the EPF authorities

31 Signature of the Contractor

v Copies of authenticated documents of payments of such contributions to

EPF authorities and a declaration for compliance of EPF Act 1952

15 The BSNL reserves the right to disqualify such bidders who have a record of not

meeting contractual obligation against earlier contracts entered into with the

BSNL MEHSANA

16 Multiple Vendor System -The BSNL Mehsana intends to limit the number

of technically amp commercially responsive bidders to (Maximum three) from

the list of such bidders arranged in increasing order of their evaluated rate

starting from the lowest for the purpose of award of work against this

tender The distribution of quantum of work among the bidders is as per

clause of Section ndash of tender document

ldquoHowever SSA Head Mehsana reserve the right for the award of contract amp

work of entire tendered quantity to the bidder with the lowest evaluated

ratesrdquo

17 NOTE-

Tender documents containing detailed description of work terms amp conditions can be

had from Asstt General Manager (MM) Oo GMTD Mehsana 2nd Floor Admn

Building Sanchar Bhawan Pilaji Ganj Mehsana-384001 between 10=00 hours to

17=00 hours from 26102016 to 17112016 on all working days

Asstt General Manager (MM) Oo GMTD Mehsana ndash 384001

32 Signature of the Contractor

SECTION ndashVI

1 Specification and Tentative Quantum of work for repairing of EPBT amp

CLIP (approximate)

Sr

No

Name of SDE Unit

[Concern Supervising

Authority]

Quantum of Works for Tender for repairing

of EPBT amp CLIP Instruments [In No]

CLIP Inst EPBT

Inst

Buttons

Key

Plan Inst

1 SDE P MEHSANA 750 900 3 5

2 SDE G MEHSANA 225 250 5 0

3 SDE G CHANASAMA 100 0 5 0

4 SDE G CHHATRAL 350 200 0 0

5 SDEP KADI 50 0 0 0

6 SDEG KADI 50 0 0 0

7 SDEP KALOL 750 450 7 0

8 SDEG KALOL 150 50 0 0

9 SDEP VIJAPUR 60 85 2 0

10 SDEG VIJAPUR 75 95 2 0

11 SDEG MNSGZR 50 80 3 0

12 SDEG KUKARWADA 50 75 2 0

13 SDEP VISNAGAR 350 200 5 0

14 SDEG VISNAGAR 150 75 4 0

15 SDEG VADNAGAR 100 25 4 0

16 SDEG SATLASANA 75 40 3 0

17 SDEG KHERALU 100 50 3 0

18 SDEP UNJHA 500 400 3 0

19 SDEG UNJHA 100 113 2 0

20 SDEP SIDHPUR 450 300 3 0

21 SDEG SIDHPUR 200 200 5 0

22 SDEP PATAN 350 150 5 0

23 SDEG PATAN 100 50 5 0

24 SDEG HRJSAMI 100 50 4 0

Total 5235 3838 75 5

33 Signature of the Contractor

SECTION ndashVII

STANDARD SCHEDULE OF RATE (SOR) FOR REPARING OF EPBT

AND CLIP INSTRUMENT IN MEHSANA TELECOM DISTRICT (MEHSANA SSA)

To

GMTD Mehsana

Sub - Our Financial Bid for repairing of EPBT amp CLIP Instruments in Mehsana SSA

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Sir

Having examined the tender documents terms amp conditions specification of work

stipulated there in IWe the undersigned offer our rates in percentage as under

Brief description of items for

Repairing under ARC

Approx Quantity to be

repaired under ARC

SOR Per Instrument

(a) (b) (c)

(1) Repairing of CLIP Telephones

instruments

5235 No Rs 55-

(2) Repairing of Electronics Push

Button Telephones (EPBT)

3838 No Rs 23-

(3) Repairing of Buttons Key

75 No Rs 26-

(3) Repairing of Plan Instruments

5 No Rs 39-

Note- The Quantity of Clip instrument ( 5500) may be consider which AMC will be expired as per given below -

(1) AMC of 1400 PTPL instrument may be expired on 23092016

(2) AMC of 3100 PTPL instrument may be expired on 21012017

(3) AMC of 1000 PTPL instrument may be expired on 25032017

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

34 Signature of the Contractor

ANNEXURE-I

Fault analysis report of instruments of quarter ending

No of faulty

instruments

with

contractor at

the

beginning of

the period

No of faulty instruments

received by contractor

during the quarter

No of faulty instruments

repaired and returned to

Depot officer

CF No of

faulty

instruments

with

contractor

In warranty Out of

warranty

In warranty Out of

warranty

1

2

Nature of Fault

Type No Of instruments

No

dial

tone

Dial

faulty

No

ring

Poor

speechdisturbance

Dead Display

Fault

No fault

foundMisc

In

warrant

Out of

warranty

Repairing carried out

Type Faults in

TransmitterReceiver Ringer Contract

foil

PCB

Fault

Disply No fault

foundMisc

In

warrant

Out of

warranty

35 Signature of the Contractor

ANNEXURE ndashII

DECLARATION

(TO BE SUBMITTED WITH TECHNICAL BID)

IWe hereby declare that IWe have carefully gone through the Terms amp Conditions of

Tender Notice Invited vide No MMTenderMehsana2016-1706 Dated 26102016 in

detail and agree to the rate submitted by MeUs in the rate sheet and IWe agree in full to

abide by them

1) Signature of the Party ___________________________________

Full Name ___________________________________

(In block letter) ___________________________________

2) Full address ___________________________________

___________________________________

___________________________________

___________________________________

Tele No (O)________________________________

(R)________________________________

3) Capacity in which the __________________________________

Tender is signed

Rubber stamp is required) __________________________________

__________________________________

Date Signature of the Tenderer with seal

36 Signature of the Contractor

ANNEXURE ndash IV

DECLARATION REGARDING EPF TO BE GIVEN ON NON-JUDICIAL STAMPS

PAPER OF RS 100-

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

I helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipProprietor of

Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip do here by declare

that I am the proprietor of my above firm I am carrying out the repairing of

EPBT amp CLIP my self I do not engage labour So EPF is not applicable to

me

However the decision of the competent authority shall be binding to me in

this regard

Name of the Bidder

Signature of the Bidder with Seal

37 Signature of the Contractor

ANNEXURE ndash V

Undertaking to be given for compliance of EPF Registration certificate

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

We the partners Directors of the firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Do here by undertake that if our tender is accepted we will submit the EPF Registration

certification at the earliest latest by one month after the agreement carried out with the

BSNL Mehsana for execution of works for repairing of EPBT amp CLIP Instruments in

Mehsana SSA failing which the decision of the competent authority will be binding on us

To be signed by all Partners directors

38 Signature of the Contractor

ANNEXURE ndash VI

LETTEROF AUTHORISATION FOR ATTENDING BID OPENING

Tender Number MMTenderMehsana2016-1706 Dated 26102016

Subject Authorisation for attending bid opening on___________________(date) the

tender of following persons are hereby authorised to attend the bid opening

for the tender mentioned above on behalf of ______________________

(Bidder) in order of preference given below

Order of Preference Name

Specimen Signatures

I

II

Alternate

Representative

Signatures of

bidder

Or

Officer authorised to sign the bid

Documents on behalf of the bidder

No 1 Maximum of two representatives will be permitted to attend bid opening In

case where it is restricted to one first preference will be allowed Alternate

representative will be permitted when regular representatives are not to able

attending

2 Permission for entry to the hall where bids are opened may be refused in case

authorisation as prescribed above is not recovered

39 Signature of the Contractor

ANNEXURE ndash VII

INTEGRITY PACT

Between

Bharat Sanchar Nigam Limited (BSNL) GMTD-Mehsana hereinafter referred to as ldquoThe

Principalrdquo

And

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphereinafter referred to as ldquoThe BidderContractorrdquo

Preamble

The Principal intends to award under laid down organizational procedures contracts for --

----------------------------------------- The Principal values full compliance with all relevant

laws and regulations and the principles of economic use of resources and of fairness and

transparency in its relations with its Bidders and Contractors

In order to achieve these goals the Principal will appoint an Independent External Monitor

who will monitor the tender process and the execution of the contract for compliance with

the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to

observe the following principles -

(a) No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for

or accept for himherself or third person any material or immaterial benefit which heshe

is not legally entitled to

(b) The Principal will during the tender process treat all Bidder(s) with equity and reason

The Principal will in particular before and during the tender process provide to all

Bidder(s) the same information and will not provide to any Bidder(s)

confidentialadditional information through which the Bidder(s) could obtain an advantage

in relation to the tender process or the contract execution

(c) The Principal will exclude from the process all known prejudiced persons

(2) If the Principal obtains information on the conduct of any of its employees which is a

criminal offence under the relevant Anti-Corruption Laws of India or if there be a

substantive suspicion in this regard the Principal will inform its Vigilance Office and in

addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder(s)Contractor(s)

(1) The Bidder(s)Contractor(s) commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation

in the tender process and during the contract execution

(a) The Bidder(s)Contractor(s) will not directly or through any other person or firm offer

promise or give to any of the Principalrsquos employees involved in the tender process or the

40 Signature of the Contractor

execution of the contract or to any third person any material or immaterial benefit which

heshe is not legally entitled to in order to obtain in exchange any advantage of any kind

whatsoever during the tender process or during the execution of the contract

(b) The Bidder(s)Contractor(s) will not enter with other Bidder(s) 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

(c) The Bidder(s)Contractor(s) will not commit any offence under the relevant Anti-

corruption Laws of India further the Bidder(s)Contractor(s) will not use improperly for

purposes of competition or personal gain or pass on to others any information or

document provided by the Principal as part of the business relationship regarding plans

technical proposals and business details including information contained or transmitted

electronically

(d) The Bidder(s)Contractor(s) will when presenting his bid disclose any and all

payments he has made is committed to or intends to make to agents brokers or any other

intermediaries in connection with the award of the contract

(2) The Bidder(s)Contractor(s) will not instigate third persons to commit offences outlined

above or be an accessory to such offences

Section 3 ndash Disqualification from tender process and exclusion from future contracts

If the Bidder(s)Contractor(s) before contract award or during execution has committed a

transgression through a violation of Section 2 above or in any other form such as to put his

reliability or credibility in question the Principal is entitled to disqualify the

Bidder(s)Contractor(s) from the tender process or take action as per the defined procedure

Section 4 ndash Compensation for Damages

(i) If the Principal has disqualified the Bidder(s) from the tender process prior to the award

according to Section 3 the Principal is entitled to demand and recover the damages

equivalent to Earnest Money Deposit Bid Security

(ii) If the Principal has terminated the contract according to Section 3 or if the Principal is

entitled to terminate the contract according to section 3 the Principal shall be entitled to

demand and recover from the Contractor the amount equivalent to Security Deposit

Performance Bank Guarantee in addition to any other penalties recoveries as per terms

and conditions of the tender

Section 5 ndash Previous transgression

(i) The Bidder declares that no previous transgression occurred in the last 3 years with any

other Company in any country conforming to the Anti-corruption approach or with any

other Public Sector Enterprise in India that could justify his exclusion from the tender

process

(ii) If the Bidder makes incorrect statement on this subject he can be disqualified from the

tender process or action can be taken as per the defined procedure

Section 6 ndash Equal treatment of all BiddersContractorsSubcontractors

41 Signature of the Contractor

(i) The principal will enter into agreements with identical conditions as this one with all

BiddersContractors

(ii) The Bidder(s)Contractor(s) undertake(s) to demand from all subcontractors a

commitment in conformity with this Integrity Pact

(iii) The Principal will disqualify from the tender process all bidders who do not sign this

Pact or violate its provisions

Section 7 ndash Criminal charges against violating

Bidder(s)Contractor(s)Subcontractor(s)

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or

of an employee or a representative or an associate of a Bidder Contractor or

Subcontractor which constitutes corruption or if the Principal has substantive suspicion in

this regard the Principal will inform the Corporate Vigilance Office

Section 8 ndash External Independent MonitorMonitors

1 Principal appoints competent and credible Independent External Monitor for this Pact

The task of the Monitor is to review independently and objectively whether and to what

extent the parties comply with the obligations under this agreement

2 The Monitor is not subject to instructions by the representatives of the parties and

performs his functions neutrally and independently He reports to the CMD of the BSNL

3 The Bidder(s)Contractor(s) accepts that the Monitor has the right to access without

restriction to all Project documentation of the Principal including that provided by the

Contractor The Contractor will also grant the Monitor upon his request and demonstration

of a valid interest unrestricted and unconditional access to his project documentation The

same is applicable to Subcontractors The Monitor is under contractual obligation to treat

the information and documents of the Bidder(s)Contractor(s)Subcontractor(s) with

confidentiality

Notwithstanding anything contained in this Section the Bidder(s)Contractor(s) shall have

no obligation whatsoever to provide any internal costing mechanisms or any internal

financial or commercial data pursuant to any audit or review conducted by or on behalf of

the Principal Further the Bidder(s)Contractor(s) shall not be required to provide any data

relating to its other customers or any personnel or employee related date

4 The Principal will provide to the Monitor 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 Principal and the Contractor The parties offer to the

Monitor the option to participate in such meetings

5 As soon as the Monitor notices or believes to notice a violation of this agreement he

will so inform the Management of the Principal and request the Management to

discontinue or take corrective action or to take other relevant action The monitor can in

this regard submit non-binding recommendations Beyond this the Monitor has no right to

demand from the parties that they act in a specific manner refrain from action or tolerate

action

42 Signature of the Contractor

6 The Monitor will submit a written report to the Chairperson of the Board of the Principal

within 8 to 10 weeks from the date of reference or intimation to him by the lsquoPrincipalrsquo and

should the occasion arise submit proposals for correcting problematic situations

7 If the Monitor has reported to the CMD of the BSNL a substantiated suspicion of an

offence under relevant Anti-Corruption Laws of India and the BSNL has not within

reasonable time taken visible action to proceed against such offence or reported it to the

Corporate Vigilance Office the Monitor may also transmit this information directly to the

Central Vigilance Commissioner Government of India

8 The word lsquoMonitorrsquo would include both singular and plural

Section 9 ndash Pact Duration

This Pact begins when both parties have legally signed it It expires for the Contractor 12

months after the last payment under the contract and for all other Bidders 6 months after

the contract has been awarded

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 dischargeddetermined by

CMD BSNL

Section 10 ndash Other provisions

1 This agreement is subject to Indian Law Place of performance and jurisdiction is the

Registered Office of the Principal ie New Delhi The arbitration clause provided in the

tender document contract shall not be applicable for any issue dispute arising under

Integrity Pact

2 Changes and supplements as well as termination notice need to be made in writing

3 If the Contractor is a partnership or a consortium this agreement must be signed by all

partners or consortium members

4 Should one or several provisions of this agreement turn out to be invalid the remainder

of this agreement remains valid In this case the parties will strive to come to an agreement

to their original intensions

------------------------------------ ----------------------------------

For the Principal For the BidderContractor

Placehelliphelliphelliphelliphelliphelliphelliphellip Witness 1 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphellip Witness 2 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

43 Signature of the Contractor

Anexx-VIII

AGREEMENT

This agreement made on thishelliphelliphellip day of helliphelliphellip Yearhelliphelliphelliphellip Between hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphellipHerein after called ldquo The contractorrdquo (which expression shall unless excluded by or

repugnant to the context include its successors heir executors administrative representative and

assignee) of the one part amp the BSNL (GMTD Mehsana) herein after referred to as the BSNL of

other part Tender No MMTenderMehsana2016-1706 Dated 26102016

Where as the contractor has offered to enter with the said BSNL for the contract for repairing of

EPBT amp CLIP Plan instruments amp Buttons Key in Mehsana SSA Mehsana Telecom District on

the terms and conditions herein contained and the rates approved by the BSNL (copy of rates

annexed) have been dully accepted and whereas the necessary security deposit have been furnished

in accordance with the provision of the tender documents and whereas no interest will be claimed

on the security deposit Now these presents witness and it is hereby agreed and declared by and

between the partiesrsquo presents as follows

(1) The contractor shall during the period of this contract that is to say fromhelliphelliphelliphelliphellipTo

helliphelliphelliphellip or completion of work whichever is earlier or until this contract shall be

determined by such notice as is herein after mentioned safely carried out by means of

Labours employed at his own expense and by means of tools implements of equipments

etc to be supplied by him to his Labours at his own expense all work of repairing of

EPBT amp CLIP instruments as described in tender documents (annexed to the agreement)

when the BSNL or any other person authorized by GMTD Mehsana in that behalf require it

is under stood by the contractor that the quantity of work mentioned in the schedule is

likely to change as per actual requirement as demanded by exigencies of service

(2) The Notice Inviting Tender Bid documents (qualifying and financial) letter of intent

approved rates annexed here to and such other additional particulars instructions

drawings work orders as may be found requisite to be given during execution of work

shall be deemed and taken to be an integral part of the contract and shall be deemed to be

included in the expression ldquoThe agreement) or ldquoThe Contractrdquo wherever herein used

(3) The contractor also supplies the requisite number of workmen with means and materials as

well as tools appliances vehicles for transportation cartage etc required for the proper

execution of work within the prescribed in the work orders

(4) The contractor hereby declares that no body connected with or in the employment of the

BSNL is notshall not ever be admitted as partner in the contract

(5) The contractor shall abide by the terms and conditions rules guide lines constructions

particulars safety precautions etc stipulated in the tender documents including any

correspondence between the contractor and the BSNL having bearing on execution of work

and payments of work to be done under the contract

In witness whereof the partiesrsquo presents have here in to set their representative hands and

seals the day and year in

Signed sealed amp Delivered by

The above named contractor in the presence of

Above written

Witness

(1)

(2) Signed and delivered on behalf of BSNL

Witness

(1)

(2)

44 Signature of the Contractor

ANNEXURE-IX - UNDERTAKING

This deed of undertaking executed on this helliphelliphellip day ofhelliphelliphelliptwo thousand andhelliphellip

by (name of sole proprietorpartnerdirectorauthorized representative the firm

company trust society etc)helliphelliphelliphelliphelliphelliphelliphelliphelliphellipSO helliphelliphelliphelliphelliphelliphelliphellip

residing athelliphelliphelliphelliphelliphelliphelliphelliphelliphellipOn behalf of said helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of the firm company Trust Society etc) having its office athelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

and dully authorized to sign file and verify present undertaking by the said hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of Firm company Society etc) in favour of Bharat Sanchar Nigam Ltd a

Government Of India undertaking having its registered office at Statesman

HouseB-148 Barkhamba Road New Delhi and local office at Administrative

Building Sanchar Bhawan BSNL Pilaji Ganj Mehsana-1 here in after called

BSNL (which terms shall mean and include its successors administrators heirs and

assigns Where as MS BSNL invited bids for repairing of EPBT amp CLIP instruments in Mehsana SSA

IWe participated in the bidding process and emerged as successful bidder with respect to tender No

MMTenderMehsana2016-1706 Dated 26102016

IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Acknowledge that IWe have fully under

stood and aware of the terms amp conditions of the Tendercontract and do hereby unequivocally and

unconditionally undertake and declare that

(1) IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip shall comply with all

the rulesRegulationsLawsGovernment instructionsstatus etc that are

applicable will be made applicable and or are aimed to protect the interest of

the workersemployees engaged by meus in the past and during the course of

performance of the contract with BSNL

(2) IWe shall fully protect indemnity and hold harmless BSNL and its employees

officers Directors agents judgments damages fines penalties and costs

(including legal costs and disbursements) arising from or relating to

Any breach violation of any direction order from any governmental

authority any provisions of the labour laws or any other laws status or

regulations that are or will be aimed to protect the interest of the

workersLabours engaged by the contractors in past and during the

course of this contract

OR

Any other payments claims or liability that may arise for ensuring

compliance of the provisions of any of the labour laws or any other laws

etc OR

Any other claim made by any third party in connection with any violation

of any laws guide lines instructions etc

In witness whereof this undertaking has caused on thehelliphelliphelliphelliphelliphellip

DayhelliphelliphelliphelliphellipMonth ofhelliphelliphellip Year

Date

Place

Signature

Name

Designation

Witness 1 2helliphelliphellip

45 Signature of the Contractor

ANNEXURE-X

E-Tendering Instructions to Bidders

These Special Instructions (for e-Tendering) supplement lsquoGeneral instructions to Biddersrsquo as enclosed in Section IV of this E-Tender Document Wherever there is a conflict the provisions herein shall prevail over those in other pages of this document

Submission of Bids only through online process is mandatory for this Tender

For conducting electronic tendering BSNL Mehsana is using the portal

(httpeprocurementsynisecombsnl1gujarat) of Ms Synise Technologies ltd Pune A - Submission of tender

1 The bidding process will be accepted only through e-tendering platform 2 Availability of e-tendering document e-tender document can be obtained by

downloading it from the website httpeprocurementsynisecombsnl1gujarat the

physical copy of the Tender document would not be available for sale

3 The Tender document shall not be available for download on its submissionclosing date B - General 1 Tender Bidding Methodology

Sealed Bid System ndashldquoSingle Stage using two envelopsrdquo

In this case of two envelope system Financial amp Techno-commercial bids shall be

submitted by the bidder at the same time

2 Broad outline of activities from Bidders prospective

1 Procure a Digital Signing Certificate (DSC)

2 Register on Electronic Tendering System (RETS)

3 Create Users and assign roles on ETS

4 View Notice Inviting Tender (NIT) on ETS

5 Download Official Copy of Tender Documents from ETS

6 Clarification to Tender Documents on ET Query to BSNL (Optional)

View response to queries posted by BSNL as addenda

7 Bid-Submission on ETS

8 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Techno-commercial Part

9 View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond to BSNLrsquos Post-TOE queries

10 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Financial-Part (Only for Technical Responsive Bidders)

For participating in this tender online the following instructions need to be read

carefully These instructions are supplemented with more detailed guidelines on

the relevant screens of the ETS

3 Digital Certificates

For integrity of data and its authenticity non-repudiation of electronic records and be compliant with IT Act 2000 it is necessary for each user to have a Digital Certificate (DC) also referred to as Digital Signature Certificate (DSC) of Class 2 or above issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer httpwwwccagovin]

4 Registration

To use the Electronic Tenderreg portal ( httpeprocurementsynisecombsnl1gujarat) vendor needs to register on the

46 Signature of the Contractor

portal Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e-tendering activities In ETS terminology this person will be referred to as the Super User (SU) of that organization For f u r ther details

p lease v is i t the websiteportal and follow further instructions as given on the site You may also contact tender wizard Helpdesk (as given below) to get your registration acceptedactivated Tender wizard Helpdesk

Telephone 020-30277517 020-30277522020-30277516

[between 1000 hrs to 1800 hrs on working days]

Mobile Nos Mr Hiren Pandar 7774013247 7774013248

E-mail ID helpdesksynisecom [Please mark CC

hirenpsynisecom]

BSNL Contact-1

BSNLrsquos Contact Person AGM MM Mehsana

Telephone Mobile (02762-220855222900)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID agmmmmehbsnlin

BSNL Contact-2

BSNLrsquos Contact Person SDE MM-Mehsana

Telephone Mobile (02762-221855)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID mehsdemm2bsnlin 5 Bid related Information for this Tender (Sealed Bid)

The entire bid-submission would be

online on ETS Broad outline of

submissions are as follows

Submission of digitally signed copy of Tender DocumentsAddendumaddenda

Two Envelopes

Techno-commercial -Part

Financial-Part

Note -

i) If some document is not applicable for the bidder then he has to upload

scanned copy of paper mentioning ldquoThe document ltNamegt called vide

clause helliphelliphelliphelliphelliphelliphellip is not applicable on usrdquo

ii) If document asked for contains more than one page then all those pages may be uploaded in one PDF format file

iii) Please take care to scan documents such that the total size of

documents to be uploaded remains minimum However it shall be sole

responsibility of bidder that the uploaded documents remain eligible

6 Offline Submissions

The bidder is requested to submit the following documents offline to AGM (MM) 2nd Floor Sanchar Bhawan Pilaji Ganj Mehsana-384001 on or before the date amp

time of submission of bids specified in covering letter of this tender

47 Signature of the Contractor

document in a Sealed Envelope The envelope shall bear (name of the tender) the tender number and the words lsquoDO NOT OPEN BEFORErsquo (due date amp time)

1 EMD-Bid Security in Original

2 DD Bankers cheque against payment of tender fee

3 Power of attorney (if applicable) Note The bidder has to upload the Scanned copy of all above said documents during

online Bid submission also

7 Special Note on Security of Bids

Security related functionality has been rigorously implemented in ETS in a multi-dimensional manner Starting with Acceptance of Registration by the Service Provider provision for security has been made at various stages in Electronic Tenderrsquos software Security related aspects as regard Bid Submission are outlined below

As part of the Electronic Encryptertrade functionality the contents of both the lsquoElectronic Formsrsquo and the lsquoMain-Bidrsquo are securely encrypted using a Pass-Phrase created by the Bidder himself Unlike a lsquopasswordrsquo a Pass-Phrase can be a multi-word sentence with spaces between words (eg I love this World) A Pass-Phrase is easier to remember and more difficult to break It is recommended that a separate Pass-Phrase be created for each Bid-Part This method of bid- encryption does not have the security and data-integrity related vulnerabilities which are inherent in E-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid- encryption Bid-encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE) even if there is connivance between the concerned tender- opening officers of the Buyer organization and the personnel of e-tendering service provider

Typically lsquoPass-Phrasersquo of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself when demanded by the concerned Tender Opening Officers who will open the bid Else Tender Opening Officer may authorize the bidder to open his bid himself There is an additional protection with SSL Encryption during transit from the client-end computer of a Supplier organization to the e-tendering server portal

8 Public Online Tender Opening Event (TOE)

ETS offers a unique facility for lsquoPublic Online Tender Opening Event (TOE)rsquo Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices For this purpose representatives of bidders (ie Supplier organization) dully authorized are requested to carry a Laptop and Wireless Connectivity to Internet Every legal requirement for a transparent and secure lsquoPublic Online Tender Opening Event (TOE)rsquo has been implemented on ETS As soon as a Bid is decrypted with the corresponding lsquoPass-Phrasersquo as submitted online by the bidder himself (during the TOE itself) salient points of the Bids are simultaneously made available for downloading by all participating bidders The work of taking notes during a manual lsquoTender Opening Eventrsquo is therefore replaced with this superior and convenient form of lsquoPublic Online Tender Opening Event (TOE)rsquo ETS has a unique facility of lsquoOnline Comparison Chartrsquo which is dynamically updated as each online bid is opened The format of the chart is based on inputs provided by the Buyer for each Tender The information in the Comparison Chart is based on the data submitted by the Bidders in electronic forms A detailed Technical and or Financial Comparison Chart enhances Transparency Detailed instructions are given on relevant screens

48 Signature of the Contractor

ETS has a unique facility of a detailed report titled lsquoMinutes of Online Tender Opening Event (TOE)rsquo covering all important activities of lsquoOnline Tender Opening Event (TOE)rsquo This is available to all participating bidders for lsquoViewing Downloadingrsquo

There are many more facilities and features on ETS For a particular tender the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer

NOTE In case of internet related problem at a bidderrsquos end especially during lsquocritical

eventsrsquo such as ndash a short period before bid-submission deadline during online

public tender opening event etc it is the bidderrsquos responsibility to have backup

internet connections In case there is a problem at the e- procurement

service-providerrsquos end (in the server leased line etc) due to which all the

bidders face a problem during critical events and this is brought to the notice

of BSNL by the bidders in time then BSNL will promptly re-schedule the

affected event(s)

9 Other Instructions

For further instructions the vendor should visit the home-page of the portal

( httpeprocurementsynisecombsnl1gujarat) and go to the User-Guidance Center The help information provided through lsquoETS User-Guidance Centerrsquo is available in three categories ndash

Users intending to Register First-Time Users Logged-in users of Buyer organizations and Logged-in users of Supplier organizations Various links are provided under each of the three categories Note It is strongly recommended that all authorized users of Supplier

organizations should thoroughly peruse the information provided under the

relevant links and take appropriate action This will prevent hiccups and minimize

teething problems during the use of ETS

The following lsquoFOUR KEY INSTRUCTIONS for BIDDERSrsquo must be assiduously adhered to

1 Obtain individual Digital Signing Certificate (DSC or DC) well in advance of

your first tender submission deadline on ETS

2 Register your organization on ETS well in advance of your first tender submission deadline on ETS

3 Get your organizationrsquos concerned executives trained on ETS well in advance of your first tender submission deadline on ETS

4 Submit your bids well in advance of tender submission deadline on ETS as

there could be last minute problems due to internet timeout breakdown etc

While the first three instructions mentioned above are especially relevant to first-time users of ETS the fourth instruction is relevant at all times

10 Minimum Requirements at Bidders end

Computer System with good configuration (Min P IV 1 GB RAM Windows XP)

Broadband connectivity

Microsoft Internet Explorer 60 or above

Digital Certificate(s) for users

49 Signature of the Contractor

ANNEXURE-III

RATE SHEET

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Rate should be quoted in below Rate Sheet

Sr

No

Rates Quoted By Bidder With Respect to SOR (Schedule Of Rate)

Particulars In Figure In Words

1 Above Of SOR

2 Below Of SOR

3 AT PAR

[At Same Rates of SOR]

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

Signature of the Bidder with Seal

Note

1 All faulty instruments are to be repaired except fully broken or fully burnt due to

electric hazards

2 The work may be offered to more than one contractor if required

Signature of the Tenderer with seal

Full Name _____________________

Full Address________________________

  • TABLE OF CONTENTS
    • CERTIFICATE REGARDING NEAR RLATIVES
      • LETTEROF AUTHORISATION FOR ATTENDING BID OPENING
      • Signed sealed amp Delivered by
      • Above written
        • ANNEXURE-IX - UNDERTAKING

10 Signature of the Contractor

not undertaking the work and shall include the legal personal representative of such

firm or company and the permitted assignees or such individual or the person

composing such firm or company or the successor individual or firm or firms company

c) The designated official nominated representative of the Company means any official

nominated by the GMTD Mehsana to deal with the contractor for making over

material equipment etc to the contractor and to certify the work done by the

contractor

d) The BSNL means the Bharat Sanchar Nigam Limited and his successor

e) GMTD Mehsana

f) The department will mean any office of the BSNL

g) Company means Bharat Sanchar Nigam Limited

h) All reference of -

(i) DepartmentCompany

(ii) General Manager Telecommunications

(iii) Dy General Manager

(iv) Divisional Engineer

(v) Sub Divisional Engineer

(vi) Junior Telecom Officer

(vii) Junior Engineer

(viii) Accounts Officer

(ix) Junior Accounts Officer

In various clauses shall be taken to mean -

i) (i) Bharat Sanchar Nigam Limited a PSU under the Ministry of

Communications Government of India

(ii to ix) The Officers in their respective gradesgroups employed in the company by

whatever designations are assigned to them from time to time and who may be in-charge of

direction execution supervision testing acceptance maintenance of accounts and disposal

of claims from time to time and includes their successors in office Words imparting the

singular number include the plural number and vice-versa

CLAUSES

1 PERIOD OF VALIDITY

Validity of this Bid is 120 days

The rates quoted should be firm and valid for any work that may be issued for period of

11 Signature of the Contractor

one year or up to extended period of contract from the date of issue of final allocation of

the tender or until the completion of the work assigned under each work order whichever is

later

2 LABOUR

a) The contractor shall be responsible for the transportation storage and safe custody of

all EPBT amp CLIP issued to him by the Company The Contractor shall satisfy himself

regularly the quality and quantity of the materials supplied to him and he will be

responsible for any subsequent deterioration and discrepancy (inclusive of theft) in the

quality quantity of the materials

b) The contractor shall submit a proper account every month of all the EPBT amp CLIP

made over to him by the Company and those returned back duly repairs Any

discrepancy or difference between the EPBT amp CLIP issued to the contractor and those

repaired as per the Company s calculation (which shall be final) will be charged to the

contractor or deducted from his bills at cost price including freight handling charges

storage charges etc plus 20 percent departmental charges

c) On completion of the work the contractor shall return to the Company at the latterrsquos

designated store in good condition free of charges any un repaired EPBT amp CLIP that

were supplied by the Company and contractor shall obtain written receipt of goods In

absence of such written receipt it is presumed that goods in question have not been

returned

d) The contractor while taking delivery of EPBT amp CLIP handed over by the Company at

the designated place shall thoroughly inspect all items before taking them over Once

the EPBT amp CLIP are made over to the contractor it shall be his responsibility for safe

custody till taking over of the complete work by the Company Any pilferage damage

etc to the EPBT amp CLIP shall be at the risk and cost of the contractor and charges for

such unaccounted EPBT amp CLIP shall be decided in accordance with (b) above

e) Notwithstanding any thing else herein stated the contractor shall furnish and pay for

all supervision labour tools supplies construction equipment and consumable

materials as may be necessary for the performance of the work and the cost of these

shall be included in the unit repair prices quoted by the Tenderer at the time of

submitting his tender and payable to the contractor

3 GUARANTEE

In addition to any and all other guarantee and warranty mentioned in the contract

documents the contractor guarantees that the entire work will be done in a satisfactory

manner and free from any defect in workmanship and finish and unconformity in all

respect with the specification and direction The contractor also undertakes to repair or

replace as the case may be at his own cost and risk any part of the work which may

damage or that may develop any defects due to bad workmanship or other wise due to the

fault of contractor within a period of agreement

4 METHOD AND MANNER OF PERFORMANCE

The contractor shall be an independent contractor and shall have complete charge of the

men engaged in performance of the work to the performed hereunder and shall perform the

works in accordance with his own methods and at his own risk subject to compliance with

12 Signature of the Contractor

the contract documents The contractor shall throughout the stipulated period of the

contract execute the work in the best contract substantial workmanlike manner and both as

regards manuals and otherwise in respect in strict accordance with the contract documents

or such other additional particulars instruction and drawing as may be found requisite to

be given during execution of the work in force good order among his employees and shall

not employ on the works any unfit person or anyone not capable or not properly qualify to

properly perform the work assigned to him The contractor shall also not employ in respect

of the work or discontinue to employ in respect of the works any employee that the

GMTD MEHSANA SDE may for any reason object to

5 SUB CONTRACTORS

51 The contractor shall not assign subcontract or sublet the whole or any part of the

works covered by the contract or any benefit thereof without the prior written approval of

the GMTD MEHSANA Copies of all agreements entered into with any permitted or sub

contracts including rates for item of work sub-contracted shall be furnished to obtain in

writing prior approval of the GMTD MEHSANA in this behalf before the sub-contract or

the agent or the assignee as the case may be allowed to do work under the contract

52 The GMTD MEHSANA reserves the right to refuse or permit any person or

organization or sub-contractor to particulars in the works covered by the contract The

assignment or sub-contracting or subletting of any such work if permitted by the GMTD

MEHSANA shall not relieve the contractor of any of his liabilities and responsibilities

hereunder the intention being that notwithstanding any assignment or subletting or sub-

contracting the contractor shall be and remain primarily and principally liable to the

Company in terms hereof and for the due fulfillment of the contracted works any assignee

or sub-contractor being regarded merely as the agency of the contractor

53 Each assignee and sub-contractor shall be covered by the contract documents and shall

perform the work which he takes up in accordance with The Company will have the same

privileges and rights with respect to the inspection of work of assignees or sub-contractors

as are provided for under the contract documents governing the work of the contract

54 The contractor shall indemnify and save harmless the Company from and against all

actions suits proceedings loses costs damages charges claims and demands whatsoever

either in law or in enquiry and all costs (inclusive between attorney and client) and charges

and expenses that the Company may sustain suffer or incur arising from or out of or

incidental (to in connection with any act or commission) of the contractor his agent

employee assignee or sub contractor The provision shall also apply to the sub-contractor

or assignee as the case may be

6 REPRESENTATIVE OF THE COMPANY

The Company shall be represented by the GMTD who will be in charge of the work

The Company representative in works site shall be the designated officials or such other

representative as the GMTD MEHSANA may from time to time designate in writing

Notice given in writing by the designated official or GMTD shall be deemed to be

notices given by the Company to the contractor The designated official and such other

representative as GMTD may designate in writing shall be deemed to be authorized

officer to represent the Company in respect of the work of any designated section any

decision agreement or instructions in writing by the Company representative as aforesaid

which is within his powers shall be binding on the contractor

13 Signature of the Contractor

7 REPRESENTATIVE OF CONTRACT

The contractor shall furnish to the Company the scheme of his intended organization and

nominated representative to whom the Company representative can make known decisions

authorizations and interpretations The contractor shall within 10 days after the execution

of the contractagreement notify the Company the name(s) and address(s) of the

representative(s) along with the specimen signature Any change in name and address of

any representative notified aforesaid should be promptly intimated in writing to the

Company Notices given in writing to the representative shall be deemed to be notices

given to contractor This representative shall be fully authorized to represent contractor on

matters involving more than one section of work notification in respect of whom shall

likewise be given to the Company and who shall likewise be the contractors representative

in terms aforesaid

8 INTERPRETATION OF THE CONTRACT DOCUMENTS

The GMTD MEHSANA and the contractor shall in so far as possible by mutual

consultation try and decide upon the meaning and intent of the contract documents In case

of disagreement the dispute will be referred to the sole Arbitrator as provided in the

contract Any change in the contract document shall be set forth in writing by the

representative of the parties hereto It shall be the contractorsrsquo responsibility to thoroughly

familiarize all of his supervisory personnel with the contents of all the contract documents

9 CHANGES EXTRA WORK amp QUANTUM OF WORK

91 Change used herein means a substitution for omission of any work or other

requirement within general scope of the work the performance of the compliance with

which is contemplated by the contract documents

92 Extra work as used herein means any works of compliance with any requirement

other than a change which is not expressly or implied contemplated by the contract

documents and which is necessary to be performed for the proper completion of the

contracted work For the purpose of clarification it is declared that any work or operation

which shall be necessarily incidental to the proper performance of any item of work or part

thereof shall be deemed to have been by implication provided for in the relevant item of

work or part thereof and shall not constitute extra work

93 The GMTD MEHSANA may at his absolute discretion make change in the work

provided for in the contract documents including the commencement of the work and may

require the performance of extra work by the contractor

94 The contractor shall not undertake or make any change or do any work under this

contract unless he has received written instructions from the representative of the

Company

95 The contractor shall not be entitled to any compensation in addition to the contract

price for the performance of any work not envisaged under the contract unless prior to the

performance of such work he has received from the designated official in written

authorization for performance such work

96 For Extra work within the scope of this contract the contractor will receive extra

compensation on the basis of a lump sum unit price as may be agreed upon in advance

between the GMTD MEHSANA and the contractor

14 Signature of the Contractor

97 (a) in cases of such of the works where interpolations of the rates are possible such

rates shall be accepted by both the parties

(b) If the altered additional or substituted work includes any work for which no rates are

specified in the contract for the work can be derived from similar class of work in the

contract than such work shall be carried out at the rate determined by the designated

official on the basis of the prevailing market rates where the work was done

(c) If the rates for the altered additional or substituted work cannot be determined in the

manner specified above then the contractor shall within 7 days of the date of receipt of

order to carry out the work inform the Designated official of the rate which it is his

intention to charge for such class of work supported by analysis of the rate or rates

claimed and the designated official shall determine the rates on the basis of prevailing

market price and pay the contractor accordingly However the Designated official by

notice in writing will be at liberty to cancel his order to carry out such class of work and

arrange to carry it out in such manner as he may consider advisable

98 The quantum of work mentioned in the tender is approximate and subject to vary

However for evaluation purpose the quantum as mentioned in the tender will only be taken

into account

910 The quantum of works (Estimated Cost) of the tender is purely tentative and it can

vary as per requirement of BSNL Mehsana and so successful contractor may not

challenge to BSNL Mehsana in respect to the works of this tender

911 The estimated cost or quantum of work may vary on the basis of actual requirement at

the discretion of GMTD Mehsana limited to + 25 without any change in approved rates

terms amp conditions of contract

10 QUALITY OF WORK

The Company shall be the final judge of the quality of the work and the satisfaction of

the standards in respect thereof set forth in the contract documents Laxity or failure to

enforce compliance with the contract documents by the Company and or its

representative shall not manifest a change or intent or waiver the intention being that

notwithstanding the same the contractor shall be and remain responsible for complete and

proper compliance with the contract documents and the specification therein The

GMTD MEHSANA has the right to prohibit the use of men and any tools materials or

equipments which in his opinion do not produce work or performance meet the

requirement of the contract documents

1l PROTECTION OF WORK

The contractor shall be responsible for all materials equipment furnished or supplied by

the company while in the contractors custody

12 NOTIFICATION

The contractor shall give in writing to the proper person or authority with a copy to the

GMTD MEHSANA such notification as may be mandatory or necessary in connection

with the commencement suspension resumption performance and or completion of the

contracted work All notices shall be given sufficiently in advance of the proposed

operation to permit proper correlation of activities and the contractor shall keep all proper

persons or authority involved regularly advised of the progress or operation through out the

performance of the work together with such other information and or supporting figures

15 Signature of the Contractor

and data as may from time to time as directed or required

13 DELAY IN EXECUTION OF WORK

The Company will make every reasonable effort to furnish the materials required to be

furnished by it under the contract and right of user including the permit required to be

furnished by the Company under the contract and made available in due time so as not to

delay execution of the work The Company will however not be liable to the contractor for

any losses or damages costs charges or expenses that the contractor may in any way

sustain suffer due to delay in making the above available However an extension in time

schedule may be admitted on the above reason

14 SHUT DOWN ON ACCOUNT OF WEATHER CONDITIONS

The contractor shall not be entitled to any compensation whatsoever by reason of

suspension of the whole or any part of the work made necessary by the Company or

deemed advisable on account of bad weather conditions or other unavoidable conditions

15 SECURITY DEPOSIT amp EARNEST MONEY DEPOSIT

EMD (Bid Security) is Rs 9458- amp Performance Security Deposit (PBG) is 10 of

Estimated Tender Cost

151 The security deposit or a part thereof or such balance thereof if any as may remain

after deduction there from in respect of any outstanding bills of the contractor to the

Company shall be paid back to the contractor after termination of contract on expiry of

contract period The contractor shall remain liable to the Company in respect of any

shortfall or discharge of liabilities notwithstanding return of security deposit or any part

thereof The security deposit is required to protect the company against the risk of the

tendererrsquos conduct and breach of contract in which case it would be forfeited without

prejudice to any other action that the company may take against the contractor

152 No interest will be payable on the earnest money or the security deposit or amount

payable to the contractor under the contract

153 Tenderer shall furnish as part of his bid a bid security (Earnest Money Deposit) for a

specified amount The Tenderer (Small scale Units) who are registered with National

Small Scale Industries Corporation under Single Point Registration Scheme are exempted

from bid security (Earnest Money Deposit) up to the amount equal to their monetary limit

In case of Tenderer having monetary limit as no limit the exemption will be limited to Rs

5000000- (Rs Fifty lakhs) only as per the existing policy of Company A proof regarding

current registration with NSIC for the Tendered Item will have to be attached along with

the bid

154 The bid security (Earnest Money Deposit) is required to protect the company against

the risk of tenderers conduct which would warrant the EMD forfeiture pursuant to Para

159

155 The bid security (Earnest Money Deposit) shall be in the form of cash or a Demand

DraftBankerrsquo chequePay order from any NationalizedSchedule Bank payable at

MEHSANA in favour of the AO (cash) BSNL Oo GMTD MEHSANA Payment in any

other form is not acceptable Any Small Scale Industry Firm claiming exemption from the

payment of bid security (Earnest Money Deposit) should submit the copy of the current

registration with National Small Industries Corporation (NSIC) for the tendered items No

16 Signature of the Contractor

interest on bid securityEMD payable

156 A Bid not secured in accordance with Para 153 amp 155 shall be rejected by the

company

157 The bid security (Ernest Money Deposit) of the unsuccessful bidder will be discharged

returned as promptly as possible and no claim whatsoever in this respect would be

entertained

158 The successful bidderrsquos bid security (Earnest Money Deposit) will be returned after

the bidderrsquos acceptance of the tender amp performance security deposit

159 The bid security (Earnest Money Deposit) will be forfeited

a) If the Tenderer withdraws his bid during the period of bid validity specified by

the Tenderer on the Bid form Rate sheet Price Bid or

b) In the case of a successful Tenderer if the bidder fails

i) to sign the Agreement contract amp

ii) to furnish Security Deposit

1510 The performance security deposit (PSD) deposited by the successful bidder in the

form of Cash or in PBG will be released after successful completion of contract and no due

pending against him

16 INSPECTIONS AND TESTING

The GMTD MEHSANA or his representative or any of the officers shall have free

access to the work site at all time for inspection The contractor shall render to the

representative of the company all possible assistants and facilities for the purpose

17 ASSESSMENTS PERMITS LICENCES AND OTHER FACILITIES

17l The contractor shall obtain provide at his own cost all assessments permits and

licenses necessary to do its work

172 The contractor shall be responsible for obtaining at his expense such licenses

permitfacilities as are necessary for the contractor to operate and do business in the

republic of India and in the state in which the work is to be performed

173 The contractor will not be entitled to extra compensation for hardship and increase in

cost Some cases may necessitate special method of execution of work and such

contingency shall deemed to have been provided for in the rates

18 PROTECTION OF LIFE AND PROPERTY AND EXISTING FACILITIES

181 The contractor is fully responsible for taking all possible safety precautions during

preparation for and actual performance of the work

182 The contractor shall undertake to indemnify and keep indemnified the Company from

and against all actions cause of actions damages claims and demand whatsoever either in

law or in inquiry and all losses and damages and costs (inclusive between attorney and

client) charges and expenses in connection there with and or incidental thereto The

contractor shall take all responsibility and risk in the execution of the work

183 It shall be the responsibility of the contractor to see that his employees or any other

person does not misbehave with anybody in company

17 Signature of the Contractor

19 INDEMNITIES

191 The contractor shall at all time hold the Company harmless and indemnify from

against all actions suits proceeding work cost damages charge claims and demand of

every nature and description brought or procured against the Company its officer and

employee and forth with upon demand and without pretest or demur to pay to the

Company any and all losses and damages and cost (inclusive between attorney and client)

and all costs incurred in endorsing this or any other indemnities or security which the

Company may now or at any time have related to the work or the contractors obligations

or in protecting or endorsing its right in any suit or other legal proceeding charges and

liabilities resulting from or incidental or in connection with injury disease or disablement

or death of any person (s) including employee of the contractor or damage to the property

resulting from or arising out of or in any way connected with or incidental to the operator

cause by the contractor documents In addition the contractor shall reimburse the Company

or pay to the Company forthwith on demand without protest or demure all costs charges

and expenses and losses and damages otherwise incurred by it in consequence of any

demands and actions which may be brought against the Company arising out of or

incidental or in connection with the operation covered by the contractor

192 The contractor shall at his own cost at the Company request defend any suit or other

proceeding asserting a claim covered by this indemnity but shall not settle compound or

compromise such suit or other finding without first consulting the Company

20 COMPLIANCE WITH LAW AND REGULATIONS

201 During the performance of the work the contractor shall at his own cost and initiative

fully comply with all applicable law of the land and with any and all applicable by-laws

rules regulations and orders and any other provision having in forces of any Company

Company agencies or department municipal board Company or other regulatory or

authorized body of person and shall provide all certificate of compliance therewith as may

be required by such applicable law by-law rules regulation orders or provision The

contractor shall assume full responsibility for the payment of all contributions and pay roll

taxes as to its employee servants or agent engaged in the performance of the work

specified in the contract documents The contractor require any assignee or sub-contractor

to whom any portion of the work to be performed hereunder may be assigned subleased

or sub-contracted to comply with the provision of the clause and in this connection the

contractor agrees as to undertake to save and hold the Company harmless and indemnified

from and against anyall penalty actions suits losses and damages claims and demands

and cost (inclusive between attorney and client) charges and expenses whatsoever arising

out of occasioned indirectly or directly by failure of the contractor or any assignee or

sub-contractor to make full and proper compliance with the said by-laws rules regulation

law and order and provision as aforesaid

202 Subject to the provisions of the contractor labour (Abolition and regulation Act

1970) the contractor shall not commence actual work unless he produces a receipt from

the concerned licensing authority that he has applied for licensees from the prescribed

licensing authority which may be produced within the period of 15 days or commencing

the work

203 Contractor will have to carry out the work under the rules and regulation of Labour

Act

18 Signature of the Contractor

21 OPTIONAL TERMINATION BY COMPANY (OTHER THAN DUE DEFAULT OF

CONTRACTOR)

211 The Company may at any time at its option cancel and terminate this contract by

written notice to the contractor in which event the contractor shall be entitled for payment

for the work done upto the time of such cancellation

212 In the event of the termination of the contract the contractor shall forthwith hand over

possession of the EPBT amp CLIP Concerned to the company or as the company may direct

213 The Company may at its option cancel or omit the execution of one or more items

of work under this contract and any part of such item(s) without any compensation

whatsoever to the contractor

22 TAXES AND DUTIES

Contractor shall pay all rates levies fees royalties taxes and duties except service tax

payable or arising from out of by virtue of or in connection withor incidental to the

contract or any of the parties in terms of the contract documents andor in respect of the

works or operation(s) or any part thereof to be performed by the contractor and the

contractor shall indemnify and keep indemnified the company from and against the same

or any default by the contractor in the payment thereof other taxes imposed by the

Government will be borne by the contractors Service tax will be paid by BSNL provided

that service tax particulars supplied amp claimed in bills

23 BREACH OF CONTRACT

The Designated officialnominated representative may without prejudice to his right

against the contractor in respect of any delay or inferior workmanship or otherwise or to

any claims of damage in respect of any breaches of the contract and without prejudice to

any rights or remedies under any of the provisions of this contract or otherwise and

whether the date for completion has or has not elapsed by notice in writing absolutely

determine the contract in any of the following cases -

(i) If the contractor having been given by the designated official nominated

representative a notice in writing to rectify reconstruct or replace any defective work or

that the work is being performed in any inefficient or otherwise improper or un work

manlike manner shall omit to comply with the requirements of such notice for a period of

fifteen days thereafter or if the contractor shall delay or suspend the execution of the work

so that either in the judgment of the Designated official (which shall be final and binding)

he will be unable to secure completion of the work by the date for completion or he has

already failed to complete the work by that date

(ii) If the contractor being a company shall pass a resolution or the court shall make an

order that the company shall be wound up or if a receiver or a manager on behalf of a

creditor shall be appointed or if circumstances shall arise which entitle the court or creditor

to appoint a receiver or a manager or which entitle the court to make a winding up order

(iii) If the contractor commits breach of any of the terms and conditions of this contract

(iv) If the contractor commits any acts mentioned in clause thereof

24 When the contractor has made himself liable for action under any of the aforesaid

19 Signature of the Contractor

clauses the Designated official on behalf of the company shall have powers -

(a) To determine or rescind or terminate the contract as aforesaid (of which termination

or rescission notice in writing to the contractor under the hand of the Designated

officialnominated representative shall be conclusive evidence) Upon such determination

or rescission the Security deposit of the contractor shall be liable to be forfeited and shall

be absolutely at the disposal of Company Notice for period of 15days will be received

from the date of issue of notice

(b) To employ other agency paid by the company and to supply materials to carry out the

works or part of the work debiting the contractor with the cost of the work and the price of

the materials (of the amount of which cost and price certified by the Designated official

shall be final and conclusive against the contractor) and crediting him with the value of the

work done in all respects in the same manner and the rates as if it had been carried out by

the contractor under the terms of the contract The certificate of the GMTD-MEHSANA as

to the value of the work done shall be final and conclusive against the contractor provided

always that action under the sub-clause shall only be taken after giving notice in writing to

the contractor Provided also that if the expenses incurred by the company are less than the

amount payable to the contractor at his agreement rates the difference should not be paid

to the contractor

(c) After giving notice to the contractor to measure up the work of the contractor and to

take such part thereof as shall be unexecuted out of his hands and to give it to another

contractor to complete in which case any expenses which may be incurred in excess of the

sum which would have been paid to the original contractor if the whole work has been

executed by him (of the amount of which excess the certificate in writing of the Designated

official shall be final and conclusive) shall be borne and paid by the original contractor and

may be deducted from any money due to him by company under this con tract or on any

other account whatsoever or from his security deposit or the proceeds of sales thereof or a

sufficient part thereof as the case may be

25 In the event of any one or more of the above courses being adopted by Designated

official the contractor shall have no claim to compensation for any loss sustained by him

by reason of his having purely leased or procured any materials or equipment or entered

into any agreement or made any advances account or with a view to the execution or the

work or the performance of the contract and in case action is taken under any of the

provisions aforesaid the contractor shall not be entitled to recover or be paid any sum for

any work thereto or actually performed under this contract unless and until Designated

official has certified in writing the performance of such work and the value payable in

respect thereof and he shall only be entitled to be paid the value so certified

26 In any case in which any of the powers conferred upon the Designated official by

clause 24 thereof shall have become exercisable and the same shall not be exercised the

non exercise thereof shall not constitute a waiver of any of the conditions hereof and such

powers shall notwithstanding be exercisable in the event of any future case of default by

the contractor and the liability of the contractor for compensation shall remain unaffected

In the event of the Designated official putting in force all or any of the powers vested in

him under the proceeding clause he may if he so desires after giving a notice in writing to

the contractor take possession of (or at the sole discretion of the Designated official which

shall be final) use as on hire (the amount of the hire money being also in the final

determination of the Designated official) all or any tools materials and stores in or upon

the works or the materials belonging to the contractor or procured by the contractor and

20 Signature of the Contractor

intended to be used for the execution of the contract or any part thereof paying or

allowing for the same amount at the contract rates or in the case of these not being

applicable at current market rates to be certified by the Designated official whose

certificate thereof shall be final otherwise the Designated official by notice in writing may

order the contractor or his clerk of the works foremen or other authorized agent to remove

such tools plants materials stores from the premises (within and time to be specified to

comply with any such requisition the Designated official may remove them all at

contractors expense or sell them by auction or private sale on account of the contractor and

it his risk in all respects and the certificate of the Designated official as to the expense of

any such removal and the amount of the proceeds and expenses of any such sale shall be

final and conclusive against the contractor

27 If the contractor shall desire an extension of time for completion of the work on the

grounds of his having been unavoidably hindered in its execution or on any other ground

he shall apply in writing to the Designated official within seven days of the date of

hindrance on account of which he desired such extension as aforesaid and the Designated

official shall if in his opinion (which shall be final) reasonable grounds be shown

therefore authorize such extension of time if any as may in his opinion be necessary or

proper

28 If at any time after the commencement of the work the company for any reason

whatsoever not require the whole thereof as specified in the tender to be carried out the

Designated official shall give notice in writing of the fact to the contractor who shall have

no claim to any payment of compensation whatsoever on account of any profit or

advantage which he might have derived from the execution of the work in full but which

he did not derive in consequence of the full amount of the work not having been carried

out neither shall he have any claim for compensation by reason of any alterations having

been made in the original specifications drawings designs and instructions which shall

involve any curtailment of the work as originally contemplated

29 INSPECTION

All work under or in course of execution or executed in pursuance of the contract shall at

all times be open to the inspection and supervision of the Designated official and his

authorized subordinates and the contractor shall at all times during the usual working hours

and at all other times at which reasonable notice of the intention of the Designated official

or his subordinate visit the works shall have been given to the contractor either himself be

present to receive order and instructions or have a responsible agent duly a credited in

writing present for that purpose Orders given to the contractors agent shall be considered

to have the same force as if they had been given to the contractor himself

30 WORKMENS COMPENSATION

In every case in which by virtue of the provisions of section 12 sub-section

(i) of the workmenrsquos compensation Act 1923 Company is obliged to pay compensation to

a workman employed by the contractor in execution of the works Company will recover

from the contractor the amount of the compensation so paid and without prejudice to the

rights of the Company under section 12 Sub section

(ii) of the said Act Company shall be at liberty to recover such amount or any part thereof

by deducting it from the security deposit or from any sum due by the company to the

contractor whether under this contract or otherwise Company shall not be bound to contest

21 Signature of the Contractor

any claim made against it under section-12 subsection (i) of the said Act except on the

written request of the contractor and upon his giving to company full security for all costs

for which Company might become liable in consequence of contesting such claim

31 LABOUR WELFARE

311 In every case in which by virtue of the provisions of the contract Labour (Regulation

and Abolition) Act 1970 and of the contract labour (Regulation and abolition) Central

Rules 1971 Company is liable to pay any amounts of wages to a workman employed by

the contractor in execution of the works or to incur any expenditure in providing welfare

and health amenities required to be provided under the above said Act and the Rules under

clause 19 to 19 J and 20 of PWD-8 or under the CPWD Contractors Labour

Regulations or under the Rules framed by Government from time to time for the

protection of health and sanitary arrangements for workers employed by CPWD

contractors company will recover from the contractor the amount of wages so paid or the

amount of expenditure so incurred and without prejudice to the right of the Government

under section 20 sub-section (ii) and section 21 sub-section (4) of the contractor Labour

(Regulation and Abolition) Act 1970 company shall be at liberty to recover such amount or

any part thereof by deducting it from the security deposit or from any sum due by the

company to the contractor whether under this agreement or otherwise company shall not

be bound to contest any claim made against it under section 20 except on the written

request of the contractor and upon his giving to the company full security for all costs for

which Government might become liable in contesting such claim

312 The contractor shall obtain a valid licence (If required depending upon the number of

persons engaged and the nature of the work intended) under the contract Labour (RampA)

Act 1970 and the contract labour (R amp A) Central Rules 1971 before the commencement

of the work and continue to have a valid license until the completion of the work

313 Any failure to fulfill this requirement shall attract the penal provisions of this

contract arising out of the resultant non-execution of the work

314 No person below the age of (18) eighteen years shall be employed on the work

32 FAIR WAGES

(a) The contractor shall pay to persons employed by him either directly or through sub-

contractor wages not less than fair wages as defined in the CPWD Contractors Labour

(Regulations and Abolition) Act 1970 and the contract labour (Regulation and Abolition)

Central Rules 1971 wherever applicable

(b) The contractor shall notwithstanding the previsions of any contract to the contrary

cause to be paid fair wages to persons indirectly engaged on the work including any

labour engaged by his sub contractor in connection with the said work as if the labour had

been immediately employed by him

(c) The General Manager Telecom District MEHSANA or his subordinate officer

concerned shall have the right to deduct from the money due to the contractor any sum

required or estimated to be required for making good the loss suffered by a worker or

workers by reasons of non-fulfillment of the conditions of the contract for the benefit of

the workers non payment of wages or of deduction made from his or their wages are not

justified by their terms of the contract or non-observance of the Regulations

22 Signature of the Contractor

(d) The contractor shall comply with the provisions of the payment of wages Act 1936

Minimum wages Act 1948 Employees Liability Act 1938 Workmenrsquos compensation Act

1923 Industrial Disputes Act 1947 Maternity Benefits Act 1961 and the contractorrsquos

Labour (regulation and abolition) Act 1970 or the modifications there of or any other laws

relating thereto and the rules made there under from time to time

(e) The contractor shall indemnify Government against payments to be made under and

for the observance of the laws aforesaid without prejudice to his right to claim indemnity

from his sub-contractors

(f) The regulations aforesaid shall be deemed to be a part of this contract and any breach

thereof shall be deemed to be a breach of this contract

33 OTHER LABOUR WELFARE MEASURES

The contractor shall comply with all the provision of the Minimum wages Act 1948

Contractor Labour (R amp A) Act 1970 and rules framed and other labour laws affecting

contract labour that may be brought into force from time to time

34 The contract shall not assign or sublet without the written approval of the GMTD

MEHSANA or his nominated representative and if the contractor shall assign or sublet his

contract or attempt so to do or become insolvent or commence any insolvency proceeding

or make any composition with his creditors or attempt so to do or if any bribe gratuity

gift loan perquisite reward or advantage pecuniary or otherwise shall either directly or

indirectly be given promised or offered by the contractor or any of his servants or agent to

any public officer or person in the employ of Government in any way relating of his office

or employment or if any such officer or person shall become in any way directly or

indirectly interested in the contract the Designated official on behalf of the President of

India shall have power to adopt any of the coursed specified in clause 24 as he may deem

best suited in the interest of Government and in the event of any of these course being

adopted the consequences specified in the said clause 24

35 All sums payable by way of compensation under any of these conditions shall be

considered as reasonable compensation to be applied to the use of Government without

reference to the actual loss or damage sustained and whether or not any damage shall have

been sustained

36 PARTNERSHIP FIRMS

Where the contractor is a partnership firm the previous approval in writing of the

Designated officialnominated representative shall be obtained before any change is made

in the constitution of the firm Where the contractor is an individual or a Hindu undivided

family business concern such approval as aforesaid shall like wise be obtained before the

contractor enters into any partnership agreement where under the partnership firm would

have the right to carry out the work hereby undertaken by the contractor If previous

approval as aforesaid is not obtained the contract shall be deemed to have been assigned in

contravention of Clause hereof and the same action may be taken and the same

consequence shall ensure as provided in the said clause

37 All works to be executed under the contact shall be executed under the direction and

subject to the approval in all respected of the Designated official who shall be entitled to

direct at what point or points and in what manner they are to be commenced and from time

to time carried on

23 Signature of the Contractor

38 Whenever any claim against the contractor for the payment of a sum or money arises

out of or under the contract Government shall be entitled to recover such sum by

appropriating in part or whole the security deposit of the contractor and to sell any

Government Promissory Notes etc forming the whole or part of such security In the event

of the security being insufficient or if no security has been taken from the contractor then

the balance or the total sum recoverable as the case may be shall be deducted from any

sum then due or which at any time thereafter may become due to the contractor under this

or any other contract with Government Should this sum be not sufficient to cover the full

amount recoverable the contract shall pay to Government on demand the balance

remaining dues

39 AUDITS AND TECHNICAL EXAMINATION

391 Company shall have the right to cause an audit and technical examination of the

works and the final bills of the contractor including all supporting vouchers abstract etc to

be made after payment of the final bill and if as a result of such audit and technical

examination any sum is found to have been overpaid in respect of any work done by the

contractor under the contract or any work claimed by him to have been done by him under

the contract and found to have amount of over payment and it shall be liable to refund the

amount of over payment and it shall be lawful for Company to recover the same from him

in the manner prescribed or in any other manner legally permissible and if it is found that

the contractor was paid less than what was due to him under the contract in respect of any

work executed by him under it the amount of such under payment shall be duly paid by

Company to the contractor

392 Any sum of money due and payable to the contractor (including Security Deposit

returnable to him) under this contract may be appropriated by the Company and set off

against any claim of the Company for the payment of a sum or money arising out of or

under any other contract made by the contractor with the Company

40 Contractor shall not enter into agreement with any other unit on approved tender of

GMTD MEHSANA without prior approval of the General Manager Telecom District

MEHSANA

41 Without prejudice to any of the rights or remedies under this contract if the contractor

dies the GMTD MEHSANA on behalf of the company shall have the option of

terminating the contract without compensation to the contractor

42 No Engineer of gazetted rank or other gazetted officer employed in Engineering or

administrative duties in an Engineering Department of the Government of India is allowed

to work as contractor for a period of two years of his retirement from Government service

without the prior permission of Government of India This contract is liable to be canceled

if either person who had not obtained the permission of Government of India as aforesaid

before submission of the tender or engagement in the contractors service as the case may

be

43 COMPENSATION FOR DELAY The time allowed for carrying out the work as

mentioned shall be strictly observed by the contractor and shall be deemed to be of the

essence of the contract on the part of the contractor However for special jobs if the

contractor has submitted a time schedule and the same has been accepted by the designated

officialnominated representative of the company the contractor shall comply with the

said time schedule

24 Signature of the Contractor

44 TIME LIMIT amp LIQUIDATED DAMAGE CHARGES

441 It will be at the discretion of the GMTD MEHSANA to revise or modify or extend

the time limits specified for the total work awarded to the contractor or to further specify

the quantum of work to be completed within a specified period provided a written request

has been received from the contractor explaining the reasons for which such extension of

time is asked for and the GMTD MEHSANA in the particular case is convinced and

satisfied that such extension or revision or modification is in the interest of the

Government In such cases payment of liquidated damage as compensation for delay

becomes liable based on such revised or modified or extended time limits and the

conditions under which such extension or modification or revision has been made

Liquidated damage will be charged as per Special Condition clause No2 amp 3 read as

under

1 Delay in collection - Rs5- per instrument per week or part there of for entire lot of

unserviceable instruments collected delayed subject to a maximum Rs20- per instrument

in case timely collection is not done as per 2(b) of special conditions

2 Delay in delivery- Rs2- per week or part there of on the entire lot of instruments

delivered delayed in case of delivery not made timely as per Para 3 of Special conditions

442 The contractor shall have to complete the contractual work within stipulated period

and it is very clearly understood between the parties that the time is made the essence of

contract

45 The Company assumes no responsibility whatever for any oral understandings or

representations made by any its officers or agents or servants prior to the execution of the

contract and all previous negotiations and understandings are hereby canceled

46 STORERSMATERIAL SUPPLIED BY THE GOVERNMENT

All materials supplied to the contractor by the company shall remain the absolute

property of Company and shall not be removed from site of the work except for use in the

work and shall be at all times open to inspection by Designated official

47 In the event of the contractor being adjudged insolvent or going voluntarily into

liquidation or having received order or other order under insolvency Act made against him

or in the case of a company of the passing of any resolution or making of any order for

winding up weather voluntarily or otherwise or in the event of the contractor failing to

comply with any of the conditions herein specified the GMTDMEHSANA shall have

the power to terminate the contract without previous notice

48 ACCEPTANCES AND MEASUREMENT

481 It is important that the work carried out by contractor is approved by the designated

official nominated representative of the company

482 The designated official nominated representative of the Govt and the contractor or

his authorized representative will certify under their signature at the appropriate places that

the work carried out is as per the specification

49 PRICE VARIATION

25 Signature of the Contractor

The Company shall not be responsible for any escalation in prices of labour or materials

machinery equipment etc whatsoever or any increase in any duties levies or taxes in

respect thereof whatsoever and the contractor rates and contractors obligations shall

remain unaffected by such escalation and or increases

50 FORCE MAJEURE

In the event of either party being rendered unable by force majeure to perform this

contract than the obligations of the party effected by such force majeure shall be

suspended for the whole period during which such cause lasts and until normal operation

are resumed and when such cause ends the execution of this contract must be resumed

with all responsible dispatch should the execution of this contract be suspended by force

majeure than a corresponding extension of the completion date shall be automatically

granted The occurrence of a cause of force majeure however shall not relieve the

company and its obligation to make payment to the contractor for the work satisfactorily

executed prior thereto The terms force majeure as employed herein shall mean act of God

war declared or undeclared hostilities enemy actions revolts riots legal lock outs and

eligible strikes tidal waves forest fires major floods explosions earth quakes epidemics

sabotage extra ordinary act and Regulation of central or state Government or Municipality

Bodies Upon the occurrence of such causes and its termination the parties rendered unable

as aforesaid shall notified the other party in writing within 72 hours of the beginning and

ending dates giving full particulars and evidences if required

51 PAYMENTS

The contractor shall prepare the bills claiming shown as labour cost and material cost

separately The contractor shall submit the bills within 30 days after completion of the

work duly certified by the designated officialnominated representative of company

GMTD MEHSANA has full right to disallow the payment of the bills received after 30

days of completion of work

52 The GMTD MEHSANA may however at his discretion allow the contractor to

submit fortnightly bills or at the end of each work

53Income tax at the rate in force at that time would be deducted from his payments of bills

as Tax deducted at source However if any new legislation comes into effect for

deduction of tax at source at any other rate deduction will be made at that rate

The GMTD MEHSANA will issue necessary Income tax deduction certificate or the

Accounts Officer detailing the amount so deducted As Tax Deducted at Source at the time

of payment or each bill

54 The Tenderer should submit all requisite documents including EPF related documents

as per clause in tender terms amp conditions and special conditions along with the bill if

applicable

55 PAYMENT PROCEDURE

551 The bills are to be submitted in TRIPLICATE and in the manner and form that may

be prescribed by the GMTD MEHSANA from time to time ldquoAccounts Payeerdquo cheque

for amount passed in the bill will be issued only after the contractor gives a stamped

receipt for the amount unless the bills are pre-receipt Only Accounts Payee Cheques

drawn on the branch of the state bank of India or other bank in which the GMTD or the

26 Signature of the Contractor

Accounts Officer may be having drawing assignment account will make payments The

payments will be made either by the Accounts Officer or by any other official who at any

period of time may be convenient to the company

552 Any liquidated damages due shall also be recoverable from the bills submitted for the

payment by the aforesaid officer

553 The security deposit with the GMTD Shall be considered for adjustment against

liquidated damages only at the time of final conclusion of the contract and final settlement

of account

554 The GMTD MEHSANA will have e the right to recover liquidated damages for

delay or slow progress of the works from the bills submitted for payment

555 The final settlement of the bills and refund adjustmentappropriation of any amount

detained from the running bill of the contractor shall be made fully after the GMTD is

satisfied that all the contractual obligation have been fully met and no amount remain due

for recovery from the contractor on any count Unless there are specific reasons all

accounts are expected to be settled within a period of six months from the date of

completion of the works in all respects

56 FINAL ACCEPTANCE

If any of the work is found to be unsatisfactory by the designated officialnominated

representative of the govt the contractor shall be intimated in writing of the corrections

repairing to be carried out The contractor shall be required to correct all defects that

remain evident at any time prior to final acceptance of the contractors works by the

GMTD MEHSANA The cost of all such repairs and corrections shall be borne by the

contractor Failure or neglect on the part of the GMTD MEHSANA or his representative

to confirm or reject inferior work notwithstanding final acceptance of the work or any part

thereof by the company THE GMTD MEHSANA Designated official or his

representative shall not be construed to imply the acceptance of such work The provision

of this clause shall not in any way affect or limit the contractors liability under the

undertaking and guarantee contained in the contract documents

57 DISPUTES AND ARBITRATION

All dispute arising between the contractor and GMTD MEHSANA out of this contract

shall be referred to the sole arbitration in the following manners -

a) In case parties are unable to reach a settlement by themselves the dispute should be

submitted for arbitration in accordance with contract agreement

b) There should not be a joint submission with the contractor to the sole arbitrator

c) Each party should submit its own claimed severely and may oppose the claim put

forward by the other party

d) The onus of establishing his claims will be left to the contractor

e) His claim will be firmly resisted by utilizing all the evidence available with the

company

27 Signature of the Contractor

f) Once a claim has been included in the submission by the contractor a retraction or

modification thereof will be opposed

g) The Point of Defense will be based on actual condition of the contract

h) The question whether these conditions are equitable shall not receive any consideration

in the preparation of Points of Defense

i) The arbitrator shall not entertain claims in the nature of ex-gratia payments as these

are not contractual

j) If the contractor including such claims in his submission the fact that they are not

contractual will be prominently placed before the arbitrator

k) In case the amount involved is heavy the sole arbitrator may be within his rights to

conduct the defense by the government pleader

The award of the sole arbitrator shall be final and binding on the parties to the dispute It

is further agreed that reference to the sole arbitration of officer appointed as arbitrator is

conditions precedent and none will be entitled to move the court without referring the

matter to sole arbitrator

58 Contractor should produce latest Income Tax CertificateSales Tax registration

certificate

59GMTD Mehsana reserves the rights to terminate RRC for breach of

conditionconditions of the agreement after giving a show cause notice of 14 days and after

examining reply if any filed by him pursuance to show cause notice

60 GMTD Mehsana reserves the rights to engaged one or more contractors for this work

61 Rates to be quoted in ANNEXURE ndash III Financial Bid in separate sealed cover and

declaration to be given in ANNEXURE-II-A amp ANNEXURE ndash II B duly signed by all

partnersdirectors of the companyfirm

28 Signature of the Contractor

SECTION ndash V

SPCECIAL CONDITIONS

Work Orders shall be issued by concerned SDE approved by DE

1 Scope of the work Repairing of faulty electronic CLIP push button telephone

instruments buttons key including plan instrument It shall cover all instruments

including those having PCB Display of CLI and burnt out due to their connections

to powers inadvertently but excluding PBT with bakelite portion broken

discolored

2 Collection of faulty instruments

A For lifting of faulty instruments the minimum lot size will be of 20 units

the SDEexchange in charge will intimate the quantity of faulty instruments

accumulated with him over telephone or by FAX to the contractor

B The contractor shall ensure the collection of the faulty instruments within

three working days of the date at giving work order or intimation over telephone or

by FAX on working days between 10 AM to 17 PM at his cost

C The contractor shall acknowledge the receipt of the faulty instruments made

over to him

3 Duration of repair

A The contractor shall repair the faulty instruments at his own work-shop and

return the same to SDEexchange in-charge concerned at his own cost within one

week of its collection (for calculating one week the day of collection and day of

handing over will be inclusive)

B After carrying out repairs of the faulty instruments the contractor shall

offer the instruments to SDEExchange in-charge or JTO nominated by him for

inspection and testing one day before the expiry of schedule delivery date The

decision of the inspecting officer as to accept the repaired instruments will be final

and binding on contractor

C The contractor shall pack each repaired instrument suitably in a

polythene bag after polishingbuffing while returning them to SDE

D The contractor shall paste stiker with date of repairing on back side of

each repaired instrument while returning them to SDE

E The repaired instruments shall be returned back to the same SDEExchange

in-charge unless specified otherwise from where these instruments were collected

for repairs

4 Warranty repair

The contractor will undertake quality repair which will ensure the normal

troubledefect free performance of the instruments for a period of 12 months from

the date of inspection and clearance In case the repaired instruments develops

any defect or any deficiency or fault ie it becomes faulty during the warranty

29 Signature of the Contractor

period the contractor shall rectify repair and remedy such defects deficiency in the

repaired instruments at his own cost and expenses

5 A Method of evaluation

Tenders will be evaluated with reference to the total cost worked out by

multiplying rates quoted by Tenderer with approximate number of EPBT amp

CLIP Instruments as shown in the price bid

B Reports

1 The contractor shall furnish a summary of fault found and namedetails of

the components replaced in the instruments repaired while offering them for

inspection

2 The contractor shall also furnish a quarterly analysis of faulty and repaired

batch wise as per Annexure-I

6 Quality of components

The contractor shall use good quality components for repairs of the instruments

The replaced parts should be purchased by the contractor from DOT approved

source s

7 Liquidated damage

1 Delay in collection Rs 5- per instruments per week or part thereof for

entire lot of unserviceable instruments collected delayed subject to a

maximum of Rs 20- per instruments In case timely collection is not don as

per Para 2(B) above

2 Delay in delivery Rs2 per instrument per week or part thereof on the

entire lot of instruments delivered delayed in case delivery not made timely

as per Para 3 above

8 Quantum of EMD and PSD

EMD as per NIT - to be paid either in cash or in form of DDBankerrsquos

ChequePay Order from NationalizedScheduled Bank in favour of Accounts

Officer (Cash) BSNL Oo GMTD ndash Mehsana payable at Mehsana

Performance Security Deposit 10 of estimated cost of tender payable either in cash or DD or in form of Bank guarantee

from Nationalized BankScheduled Bank for a period of 24 months which will be released or refunded after successful

completion of contract and no due pending against contractor 9 Extension of validity of RRC period Period of RRC will normally

be one year However GMTD Mehsana reserves the right to extend it for a further period of six months or one year or part

there of under the same rates and terms and conditions

Estimated cost for the second year or part there of shall be considered same as approved for first year or part

there of on pro-rata basis

30 Signature of the Contractor

10 Eligibility The bidder should have

Experience of repairing of CLIP or EPBT Instruments in DOTBSNLGovt

PSU Private SectorFirm for one year during last five years as per NIT

11 Documents to be submitted with Technical Bid (Qualifying Bid) to establish

their eligibility for bidding

111 Experience certificate (self attested copy) issued by not below the rank of DEAGM in

DOTBSNLGovtPSUPrivate SectorFirm as required under clause 10 above

112 Self attested Copy of registration of firm (not required for proprietorship)

113 For EPF particulars submit the EPF registration certificate if applicable

(If not applicable submit the clarification as to how not applicable and submit

undertaking on Non judicial stamp paper of Rs 50- regarding submission of it within

one month after the agreement with BSNL Mehsana) If the firms which are under

partnership deed Company Pvt Ltd shall have to submit EPF registration certificate

If not obtain they shall have to obtain the earliest and latest by the time of agreement

They shall have to submit necessary undertaking certificate for this in ANNEXURE-

VI

114 Self attested Copy of Registration particulars with Central Excise for Service Tax If

undertaking is given he shall have to submit within one month before agreement failing

which there will be no agreement (If Service tax is not applicable he shall have to

submit reasons as to how it is not applicable)

115 Partnership deed amp power of attorney who has signed the bid (self attested copy) if

applicable

116 Bio-data of Tenderer in ANNAXURE--IV

117 Declaration to be given in ANNEXURE-II A amp II B

12 Rates to be quoted in ANNEXURE-III In Financial Bid to be submitted separately

in sealed cover

13 GMTD Mehsana reserves the rights to terminate RRC for breach of condition

conditions of the agreement after giving a show cause notice of 14 days and after

examination reply if any filled by him pursuance to show cause notice

14 EPF contribution in respect of LabourEmployees employed by the contractor for

execution of works of BSNL if applicable The contractor will have to

fulfillcompliance of the provisions of EPF amp Misc provisions Act1952 amp Employees

provident fund scheme-1952 by the contractor in respect of LaboursEmployees

engaged by them for performing the work of BSNL while submitting the claim of bills

towards works executed by him if applicable he must accompany the

i List showing the details of LaboursEmployees engaged

ii Duration of their engagement

iii The amount of wages paid to such LaboursEmployees for the duration in question

iv Amount of EPF contribution (both employees amp employers contribution) for the

duration of engagement in question paid to the EPF authorities

31 Signature of the Contractor

v Copies of authenticated documents of payments of such contributions to

EPF authorities and a declaration for compliance of EPF Act 1952

15 The BSNL reserves the right to disqualify such bidders who have a record of not

meeting contractual obligation against earlier contracts entered into with the

BSNL MEHSANA

16 Multiple Vendor System -The BSNL Mehsana intends to limit the number

of technically amp commercially responsive bidders to (Maximum three) from

the list of such bidders arranged in increasing order of their evaluated rate

starting from the lowest for the purpose of award of work against this

tender The distribution of quantum of work among the bidders is as per

clause of Section ndash of tender document

ldquoHowever SSA Head Mehsana reserve the right for the award of contract amp

work of entire tendered quantity to the bidder with the lowest evaluated

ratesrdquo

17 NOTE-

Tender documents containing detailed description of work terms amp conditions can be

had from Asstt General Manager (MM) Oo GMTD Mehsana 2nd Floor Admn

Building Sanchar Bhawan Pilaji Ganj Mehsana-384001 between 10=00 hours to

17=00 hours from 26102016 to 17112016 on all working days

Asstt General Manager (MM) Oo GMTD Mehsana ndash 384001

32 Signature of the Contractor

SECTION ndashVI

1 Specification and Tentative Quantum of work for repairing of EPBT amp

CLIP (approximate)

Sr

No

Name of SDE Unit

[Concern Supervising

Authority]

Quantum of Works for Tender for repairing

of EPBT amp CLIP Instruments [In No]

CLIP Inst EPBT

Inst

Buttons

Key

Plan Inst

1 SDE P MEHSANA 750 900 3 5

2 SDE G MEHSANA 225 250 5 0

3 SDE G CHANASAMA 100 0 5 0

4 SDE G CHHATRAL 350 200 0 0

5 SDEP KADI 50 0 0 0

6 SDEG KADI 50 0 0 0

7 SDEP KALOL 750 450 7 0

8 SDEG KALOL 150 50 0 0

9 SDEP VIJAPUR 60 85 2 0

10 SDEG VIJAPUR 75 95 2 0

11 SDEG MNSGZR 50 80 3 0

12 SDEG KUKARWADA 50 75 2 0

13 SDEP VISNAGAR 350 200 5 0

14 SDEG VISNAGAR 150 75 4 0

15 SDEG VADNAGAR 100 25 4 0

16 SDEG SATLASANA 75 40 3 0

17 SDEG KHERALU 100 50 3 0

18 SDEP UNJHA 500 400 3 0

19 SDEG UNJHA 100 113 2 0

20 SDEP SIDHPUR 450 300 3 0

21 SDEG SIDHPUR 200 200 5 0

22 SDEP PATAN 350 150 5 0

23 SDEG PATAN 100 50 5 0

24 SDEG HRJSAMI 100 50 4 0

Total 5235 3838 75 5

33 Signature of the Contractor

SECTION ndashVII

STANDARD SCHEDULE OF RATE (SOR) FOR REPARING OF EPBT

AND CLIP INSTRUMENT IN MEHSANA TELECOM DISTRICT (MEHSANA SSA)

To

GMTD Mehsana

Sub - Our Financial Bid for repairing of EPBT amp CLIP Instruments in Mehsana SSA

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Sir

Having examined the tender documents terms amp conditions specification of work

stipulated there in IWe the undersigned offer our rates in percentage as under

Brief description of items for

Repairing under ARC

Approx Quantity to be

repaired under ARC

SOR Per Instrument

(a) (b) (c)

(1) Repairing of CLIP Telephones

instruments

5235 No Rs 55-

(2) Repairing of Electronics Push

Button Telephones (EPBT)

3838 No Rs 23-

(3) Repairing of Buttons Key

75 No Rs 26-

(3) Repairing of Plan Instruments

5 No Rs 39-

Note- The Quantity of Clip instrument ( 5500) may be consider which AMC will be expired as per given below -

(1) AMC of 1400 PTPL instrument may be expired on 23092016

(2) AMC of 3100 PTPL instrument may be expired on 21012017

(3) AMC of 1000 PTPL instrument may be expired on 25032017

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

34 Signature of the Contractor

ANNEXURE-I

Fault analysis report of instruments of quarter ending

No of faulty

instruments

with

contractor at

the

beginning of

the period

No of faulty instruments

received by contractor

during the quarter

No of faulty instruments

repaired and returned to

Depot officer

CF No of

faulty

instruments

with

contractor

In warranty Out of

warranty

In warranty Out of

warranty

1

2

Nature of Fault

Type No Of instruments

No

dial

tone

Dial

faulty

No

ring

Poor

speechdisturbance

Dead Display

Fault

No fault

foundMisc

In

warrant

Out of

warranty

Repairing carried out

Type Faults in

TransmitterReceiver Ringer Contract

foil

PCB

Fault

Disply No fault

foundMisc

In

warrant

Out of

warranty

35 Signature of the Contractor

ANNEXURE ndashII

DECLARATION

(TO BE SUBMITTED WITH TECHNICAL BID)

IWe hereby declare that IWe have carefully gone through the Terms amp Conditions of

Tender Notice Invited vide No MMTenderMehsana2016-1706 Dated 26102016 in

detail and agree to the rate submitted by MeUs in the rate sheet and IWe agree in full to

abide by them

1) Signature of the Party ___________________________________

Full Name ___________________________________

(In block letter) ___________________________________

2) Full address ___________________________________

___________________________________

___________________________________

___________________________________

Tele No (O)________________________________

(R)________________________________

3) Capacity in which the __________________________________

Tender is signed

Rubber stamp is required) __________________________________

__________________________________

Date Signature of the Tenderer with seal

36 Signature of the Contractor

ANNEXURE ndash IV

DECLARATION REGARDING EPF TO BE GIVEN ON NON-JUDICIAL STAMPS

PAPER OF RS 100-

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

I helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipProprietor of

Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip do here by declare

that I am the proprietor of my above firm I am carrying out the repairing of

EPBT amp CLIP my self I do not engage labour So EPF is not applicable to

me

However the decision of the competent authority shall be binding to me in

this regard

Name of the Bidder

Signature of the Bidder with Seal

37 Signature of the Contractor

ANNEXURE ndash V

Undertaking to be given for compliance of EPF Registration certificate

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

We the partners Directors of the firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Do here by undertake that if our tender is accepted we will submit the EPF Registration

certification at the earliest latest by one month after the agreement carried out with the

BSNL Mehsana for execution of works for repairing of EPBT amp CLIP Instruments in

Mehsana SSA failing which the decision of the competent authority will be binding on us

To be signed by all Partners directors

38 Signature of the Contractor

ANNEXURE ndash VI

LETTEROF AUTHORISATION FOR ATTENDING BID OPENING

Tender Number MMTenderMehsana2016-1706 Dated 26102016

Subject Authorisation for attending bid opening on___________________(date) the

tender of following persons are hereby authorised to attend the bid opening

for the tender mentioned above on behalf of ______________________

(Bidder) in order of preference given below

Order of Preference Name

Specimen Signatures

I

II

Alternate

Representative

Signatures of

bidder

Or

Officer authorised to sign the bid

Documents on behalf of the bidder

No 1 Maximum of two representatives will be permitted to attend bid opening In

case where it is restricted to one first preference will be allowed Alternate

representative will be permitted when regular representatives are not to able

attending

2 Permission for entry to the hall where bids are opened may be refused in case

authorisation as prescribed above is not recovered

39 Signature of the Contractor

ANNEXURE ndash VII

INTEGRITY PACT

Between

Bharat Sanchar Nigam Limited (BSNL) GMTD-Mehsana hereinafter referred to as ldquoThe

Principalrdquo

And

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphereinafter referred to as ldquoThe BidderContractorrdquo

Preamble

The Principal intends to award under laid down organizational procedures contracts for --

----------------------------------------- The Principal values full compliance with all relevant

laws and regulations and the principles of economic use of resources and of fairness and

transparency in its relations with its Bidders and Contractors

In order to achieve these goals the Principal will appoint an Independent External Monitor

who will monitor the tender process and the execution of the contract for compliance with

the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to

observe the following principles -

(a) No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for

or accept for himherself or third person any material or immaterial benefit which heshe

is not legally entitled to

(b) The Principal will during the tender process treat all Bidder(s) with equity and reason

The Principal will in particular before and during the tender process provide to all

Bidder(s) the same information and will not provide to any Bidder(s)

confidentialadditional information through which the Bidder(s) could obtain an advantage

in relation to the tender process or the contract execution

(c) The Principal will exclude from the process all known prejudiced persons

(2) If the Principal obtains information on the conduct of any of its employees which is a

criminal offence under the relevant Anti-Corruption Laws of India or if there be a

substantive suspicion in this regard the Principal will inform its Vigilance Office and in

addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder(s)Contractor(s)

(1) The Bidder(s)Contractor(s) commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation

in the tender process and during the contract execution

(a) The Bidder(s)Contractor(s) will not directly or through any other person or firm offer

promise or give to any of the Principalrsquos employees involved in the tender process or the

40 Signature of the Contractor

execution of the contract or to any third person any material or immaterial benefit which

heshe is not legally entitled to in order to obtain in exchange any advantage of any kind

whatsoever during the tender process or during the execution of the contract

(b) The Bidder(s)Contractor(s) will not enter with other Bidder(s) 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

(c) The Bidder(s)Contractor(s) will not commit any offence under the relevant Anti-

corruption Laws of India further the Bidder(s)Contractor(s) will not use improperly for

purposes of competition or personal gain or pass on to others any information or

document provided by the Principal as part of the business relationship regarding plans

technical proposals and business details including information contained or transmitted

electronically

(d) The Bidder(s)Contractor(s) will when presenting his bid disclose any and all

payments he has made is committed to or intends to make to agents brokers or any other

intermediaries in connection with the award of the contract

(2) The Bidder(s)Contractor(s) will not instigate third persons to commit offences outlined

above or be an accessory to such offences

Section 3 ndash Disqualification from tender process and exclusion from future contracts

If the Bidder(s)Contractor(s) before contract award or during execution has committed a

transgression through a violation of Section 2 above or in any other form such as to put his

reliability or credibility in question the Principal is entitled to disqualify the

Bidder(s)Contractor(s) from the tender process or take action as per the defined procedure

Section 4 ndash Compensation for Damages

(i) If the Principal has disqualified the Bidder(s) from the tender process prior to the award

according to Section 3 the Principal is entitled to demand and recover the damages

equivalent to Earnest Money Deposit Bid Security

(ii) If the Principal has terminated the contract according to Section 3 or if the Principal is

entitled to terminate the contract according to section 3 the Principal shall be entitled to

demand and recover from the Contractor the amount equivalent to Security Deposit

Performance Bank Guarantee in addition to any other penalties recoveries as per terms

and conditions of the tender

Section 5 ndash Previous transgression

(i) The Bidder declares that no previous transgression occurred in the last 3 years with any

other Company in any country conforming to the Anti-corruption approach or with any

other Public Sector Enterprise in India that could justify his exclusion from the tender

process

(ii) If the Bidder makes incorrect statement on this subject he can be disqualified from the

tender process or action can be taken as per the defined procedure

Section 6 ndash Equal treatment of all BiddersContractorsSubcontractors

41 Signature of the Contractor

(i) The principal will enter into agreements with identical conditions as this one with all

BiddersContractors

(ii) The Bidder(s)Contractor(s) undertake(s) to demand from all subcontractors a

commitment in conformity with this Integrity Pact

(iii) The Principal will disqualify from the tender process all bidders who do not sign this

Pact or violate its provisions

Section 7 ndash Criminal charges against violating

Bidder(s)Contractor(s)Subcontractor(s)

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or

of an employee or a representative or an associate of a Bidder Contractor or

Subcontractor which constitutes corruption or if the Principal has substantive suspicion in

this regard the Principal will inform the Corporate Vigilance Office

Section 8 ndash External Independent MonitorMonitors

1 Principal appoints competent and credible Independent External Monitor for this Pact

The task of the Monitor is to review independently and objectively whether and to what

extent the parties comply with the obligations under this agreement

2 The Monitor is not subject to instructions by the representatives of the parties and

performs his functions neutrally and independently He reports to the CMD of the BSNL

3 The Bidder(s)Contractor(s) accepts that the Monitor has the right to access without

restriction to all Project documentation of the Principal including that provided by the

Contractor The Contractor will also grant the Monitor upon his request and demonstration

of a valid interest unrestricted and unconditional access to his project documentation The

same is applicable to Subcontractors The Monitor is under contractual obligation to treat

the information and documents of the Bidder(s)Contractor(s)Subcontractor(s) with

confidentiality

Notwithstanding anything contained in this Section the Bidder(s)Contractor(s) shall have

no obligation whatsoever to provide any internal costing mechanisms or any internal

financial or commercial data pursuant to any audit or review conducted by or on behalf of

the Principal Further the Bidder(s)Contractor(s) shall not be required to provide any data

relating to its other customers or any personnel or employee related date

4 The Principal will provide to the Monitor 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 Principal and the Contractor The parties offer to the

Monitor the option to participate in such meetings

5 As soon as the Monitor notices or believes to notice a violation of this agreement he

will so inform the Management of the Principal and request the Management to

discontinue or take corrective action or to take other relevant action The monitor can in

this regard submit non-binding recommendations Beyond this the Monitor has no right to

demand from the parties that they act in a specific manner refrain from action or tolerate

action

42 Signature of the Contractor

6 The Monitor will submit a written report to the Chairperson of the Board of the Principal

within 8 to 10 weeks from the date of reference or intimation to him by the lsquoPrincipalrsquo and

should the occasion arise submit proposals for correcting problematic situations

7 If the Monitor has reported to the CMD of the BSNL a substantiated suspicion of an

offence under relevant Anti-Corruption Laws of India and the BSNL has not within

reasonable time taken visible action to proceed against such offence or reported it to the

Corporate Vigilance Office the Monitor may also transmit this information directly to the

Central Vigilance Commissioner Government of India

8 The word lsquoMonitorrsquo would include both singular and plural

Section 9 ndash Pact Duration

This Pact begins when both parties have legally signed it It expires for the Contractor 12

months after the last payment under the contract and for all other Bidders 6 months after

the contract has been awarded

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 dischargeddetermined by

CMD BSNL

Section 10 ndash Other provisions

1 This agreement is subject to Indian Law Place of performance and jurisdiction is the

Registered Office of the Principal ie New Delhi The arbitration clause provided in the

tender document contract shall not be applicable for any issue dispute arising under

Integrity Pact

2 Changes and supplements as well as termination notice need to be made in writing

3 If the Contractor is a partnership or a consortium this agreement must be signed by all

partners or consortium members

4 Should one or several provisions of this agreement turn out to be invalid the remainder

of this agreement remains valid In this case the parties will strive to come to an agreement

to their original intensions

------------------------------------ ----------------------------------

For the Principal For the BidderContractor

Placehelliphelliphelliphelliphelliphelliphelliphellip Witness 1 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphellip Witness 2 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

43 Signature of the Contractor

Anexx-VIII

AGREEMENT

This agreement made on thishelliphelliphellip day of helliphelliphellip Yearhelliphelliphelliphellip Between hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphellipHerein after called ldquo The contractorrdquo (which expression shall unless excluded by or

repugnant to the context include its successors heir executors administrative representative and

assignee) of the one part amp the BSNL (GMTD Mehsana) herein after referred to as the BSNL of

other part Tender No MMTenderMehsana2016-1706 Dated 26102016

Where as the contractor has offered to enter with the said BSNL for the contract for repairing of

EPBT amp CLIP Plan instruments amp Buttons Key in Mehsana SSA Mehsana Telecom District on

the terms and conditions herein contained and the rates approved by the BSNL (copy of rates

annexed) have been dully accepted and whereas the necessary security deposit have been furnished

in accordance with the provision of the tender documents and whereas no interest will be claimed

on the security deposit Now these presents witness and it is hereby agreed and declared by and

between the partiesrsquo presents as follows

(1) The contractor shall during the period of this contract that is to say fromhelliphelliphelliphelliphellipTo

helliphelliphelliphellip or completion of work whichever is earlier or until this contract shall be

determined by such notice as is herein after mentioned safely carried out by means of

Labours employed at his own expense and by means of tools implements of equipments

etc to be supplied by him to his Labours at his own expense all work of repairing of

EPBT amp CLIP instruments as described in tender documents (annexed to the agreement)

when the BSNL or any other person authorized by GMTD Mehsana in that behalf require it

is under stood by the contractor that the quantity of work mentioned in the schedule is

likely to change as per actual requirement as demanded by exigencies of service

(2) The Notice Inviting Tender Bid documents (qualifying and financial) letter of intent

approved rates annexed here to and such other additional particulars instructions

drawings work orders as may be found requisite to be given during execution of work

shall be deemed and taken to be an integral part of the contract and shall be deemed to be

included in the expression ldquoThe agreement) or ldquoThe Contractrdquo wherever herein used

(3) The contractor also supplies the requisite number of workmen with means and materials as

well as tools appliances vehicles for transportation cartage etc required for the proper

execution of work within the prescribed in the work orders

(4) The contractor hereby declares that no body connected with or in the employment of the

BSNL is notshall not ever be admitted as partner in the contract

(5) The contractor shall abide by the terms and conditions rules guide lines constructions

particulars safety precautions etc stipulated in the tender documents including any

correspondence between the contractor and the BSNL having bearing on execution of work

and payments of work to be done under the contract

In witness whereof the partiesrsquo presents have here in to set their representative hands and

seals the day and year in

Signed sealed amp Delivered by

The above named contractor in the presence of

Above written

Witness

(1)

(2) Signed and delivered on behalf of BSNL

Witness

(1)

(2)

44 Signature of the Contractor

ANNEXURE-IX - UNDERTAKING

This deed of undertaking executed on this helliphelliphellip day ofhelliphelliphelliptwo thousand andhelliphellip

by (name of sole proprietorpartnerdirectorauthorized representative the firm

company trust society etc)helliphelliphelliphelliphelliphelliphelliphelliphelliphellipSO helliphelliphelliphelliphelliphelliphelliphellip

residing athelliphelliphelliphelliphelliphelliphelliphelliphelliphellipOn behalf of said helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of the firm company Trust Society etc) having its office athelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

and dully authorized to sign file and verify present undertaking by the said hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of Firm company Society etc) in favour of Bharat Sanchar Nigam Ltd a

Government Of India undertaking having its registered office at Statesman

HouseB-148 Barkhamba Road New Delhi and local office at Administrative

Building Sanchar Bhawan BSNL Pilaji Ganj Mehsana-1 here in after called

BSNL (which terms shall mean and include its successors administrators heirs and

assigns Where as MS BSNL invited bids for repairing of EPBT amp CLIP instruments in Mehsana SSA

IWe participated in the bidding process and emerged as successful bidder with respect to tender No

MMTenderMehsana2016-1706 Dated 26102016

IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Acknowledge that IWe have fully under

stood and aware of the terms amp conditions of the Tendercontract and do hereby unequivocally and

unconditionally undertake and declare that

(1) IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip shall comply with all

the rulesRegulationsLawsGovernment instructionsstatus etc that are

applicable will be made applicable and or are aimed to protect the interest of

the workersemployees engaged by meus in the past and during the course of

performance of the contract with BSNL

(2) IWe shall fully protect indemnity and hold harmless BSNL and its employees

officers Directors agents judgments damages fines penalties and costs

(including legal costs and disbursements) arising from or relating to

Any breach violation of any direction order from any governmental

authority any provisions of the labour laws or any other laws status or

regulations that are or will be aimed to protect the interest of the

workersLabours engaged by the contractors in past and during the

course of this contract

OR

Any other payments claims or liability that may arise for ensuring

compliance of the provisions of any of the labour laws or any other laws

etc OR

Any other claim made by any third party in connection with any violation

of any laws guide lines instructions etc

In witness whereof this undertaking has caused on thehelliphelliphelliphelliphelliphellip

DayhelliphelliphelliphelliphellipMonth ofhelliphelliphellip Year

Date

Place

Signature

Name

Designation

Witness 1 2helliphelliphellip

45 Signature of the Contractor

ANNEXURE-X

E-Tendering Instructions to Bidders

These Special Instructions (for e-Tendering) supplement lsquoGeneral instructions to Biddersrsquo as enclosed in Section IV of this E-Tender Document Wherever there is a conflict the provisions herein shall prevail over those in other pages of this document

Submission of Bids only through online process is mandatory for this Tender

For conducting electronic tendering BSNL Mehsana is using the portal

(httpeprocurementsynisecombsnl1gujarat) of Ms Synise Technologies ltd Pune A - Submission of tender

1 The bidding process will be accepted only through e-tendering platform 2 Availability of e-tendering document e-tender document can be obtained by

downloading it from the website httpeprocurementsynisecombsnl1gujarat the

physical copy of the Tender document would not be available for sale

3 The Tender document shall not be available for download on its submissionclosing date B - General 1 Tender Bidding Methodology

Sealed Bid System ndashldquoSingle Stage using two envelopsrdquo

In this case of two envelope system Financial amp Techno-commercial bids shall be

submitted by the bidder at the same time

2 Broad outline of activities from Bidders prospective

1 Procure a Digital Signing Certificate (DSC)

2 Register on Electronic Tendering System (RETS)

3 Create Users and assign roles on ETS

4 View Notice Inviting Tender (NIT) on ETS

5 Download Official Copy of Tender Documents from ETS

6 Clarification to Tender Documents on ET Query to BSNL (Optional)

View response to queries posted by BSNL as addenda

7 Bid-Submission on ETS

8 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Techno-commercial Part

9 View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond to BSNLrsquos Post-TOE queries

10 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Financial-Part (Only for Technical Responsive Bidders)

For participating in this tender online the following instructions need to be read

carefully These instructions are supplemented with more detailed guidelines on

the relevant screens of the ETS

3 Digital Certificates

For integrity of data and its authenticity non-repudiation of electronic records and be compliant with IT Act 2000 it is necessary for each user to have a Digital Certificate (DC) also referred to as Digital Signature Certificate (DSC) of Class 2 or above issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer httpwwwccagovin]

4 Registration

To use the Electronic Tenderreg portal ( httpeprocurementsynisecombsnl1gujarat) vendor needs to register on the

46 Signature of the Contractor

portal Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e-tendering activities In ETS terminology this person will be referred to as the Super User (SU) of that organization For f u r ther details

p lease v is i t the websiteportal and follow further instructions as given on the site You may also contact tender wizard Helpdesk (as given below) to get your registration acceptedactivated Tender wizard Helpdesk

Telephone 020-30277517 020-30277522020-30277516

[between 1000 hrs to 1800 hrs on working days]

Mobile Nos Mr Hiren Pandar 7774013247 7774013248

E-mail ID helpdesksynisecom [Please mark CC

hirenpsynisecom]

BSNL Contact-1

BSNLrsquos Contact Person AGM MM Mehsana

Telephone Mobile (02762-220855222900)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID agmmmmehbsnlin

BSNL Contact-2

BSNLrsquos Contact Person SDE MM-Mehsana

Telephone Mobile (02762-221855)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID mehsdemm2bsnlin 5 Bid related Information for this Tender (Sealed Bid)

The entire bid-submission would be

online on ETS Broad outline of

submissions are as follows

Submission of digitally signed copy of Tender DocumentsAddendumaddenda

Two Envelopes

Techno-commercial -Part

Financial-Part

Note -

i) If some document is not applicable for the bidder then he has to upload

scanned copy of paper mentioning ldquoThe document ltNamegt called vide

clause helliphelliphelliphelliphelliphelliphellip is not applicable on usrdquo

ii) If document asked for contains more than one page then all those pages may be uploaded in one PDF format file

iii) Please take care to scan documents such that the total size of

documents to be uploaded remains minimum However it shall be sole

responsibility of bidder that the uploaded documents remain eligible

6 Offline Submissions

The bidder is requested to submit the following documents offline to AGM (MM) 2nd Floor Sanchar Bhawan Pilaji Ganj Mehsana-384001 on or before the date amp

time of submission of bids specified in covering letter of this tender

47 Signature of the Contractor

document in a Sealed Envelope The envelope shall bear (name of the tender) the tender number and the words lsquoDO NOT OPEN BEFORErsquo (due date amp time)

1 EMD-Bid Security in Original

2 DD Bankers cheque against payment of tender fee

3 Power of attorney (if applicable) Note The bidder has to upload the Scanned copy of all above said documents during

online Bid submission also

7 Special Note on Security of Bids

Security related functionality has been rigorously implemented in ETS in a multi-dimensional manner Starting with Acceptance of Registration by the Service Provider provision for security has been made at various stages in Electronic Tenderrsquos software Security related aspects as regard Bid Submission are outlined below

As part of the Electronic Encryptertrade functionality the contents of both the lsquoElectronic Formsrsquo and the lsquoMain-Bidrsquo are securely encrypted using a Pass-Phrase created by the Bidder himself Unlike a lsquopasswordrsquo a Pass-Phrase can be a multi-word sentence with spaces between words (eg I love this World) A Pass-Phrase is easier to remember and more difficult to break It is recommended that a separate Pass-Phrase be created for each Bid-Part This method of bid- encryption does not have the security and data-integrity related vulnerabilities which are inherent in E-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid- encryption Bid-encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE) even if there is connivance between the concerned tender- opening officers of the Buyer organization and the personnel of e-tendering service provider

Typically lsquoPass-Phrasersquo of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself when demanded by the concerned Tender Opening Officers who will open the bid Else Tender Opening Officer may authorize the bidder to open his bid himself There is an additional protection with SSL Encryption during transit from the client-end computer of a Supplier organization to the e-tendering server portal

8 Public Online Tender Opening Event (TOE)

ETS offers a unique facility for lsquoPublic Online Tender Opening Event (TOE)rsquo Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices For this purpose representatives of bidders (ie Supplier organization) dully authorized are requested to carry a Laptop and Wireless Connectivity to Internet Every legal requirement for a transparent and secure lsquoPublic Online Tender Opening Event (TOE)rsquo has been implemented on ETS As soon as a Bid is decrypted with the corresponding lsquoPass-Phrasersquo as submitted online by the bidder himself (during the TOE itself) salient points of the Bids are simultaneously made available for downloading by all participating bidders The work of taking notes during a manual lsquoTender Opening Eventrsquo is therefore replaced with this superior and convenient form of lsquoPublic Online Tender Opening Event (TOE)rsquo ETS has a unique facility of lsquoOnline Comparison Chartrsquo which is dynamically updated as each online bid is opened The format of the chart is based on inputs provided by the Buyer for each Tender The information in the Comparison Chart is based on the data submitted by the Bidders in electronic forms A detailed Technical and or Financial Comparison Chart enhances Transparency Detailed instructions are given on relevant screens

48 Signature of the Contractor

ETS has a unique facility of a detailed report titled lsquoMinutes of Online Tender Opening Event (TOE)rsquo covering all important activities of lsquoOnline Tender Opening Event (TOE)rsquo This is available to all participating bidders for lsquoViewing Downloadingrsquo

There are many more facilities and features on ETS For a particular tender the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer

NOTE In case of internet related problem at a bidderrsquos end especially during lsquocritical

eventsrsquo such as ndash a short period before bid-submission deadline during online

public tender opening event etc it is the bidderrsquos responsibility to have backup

internet connections In case there is a problem at the e- procurement

service-providerrsquos end (in the server leased line etc) due to which all the

bidders face a problem during critical events and this is brought to the notice

of BSNL by the bidders in time then BSNL will promptly re-schedule the

affected event(s)

9 Other Instructions

For further instructions the vendor should visit the home-page of the portal

( httpeprocurementsynisecombsnl1gujarat) and go to the User-Guidance Center The help information provided through lsquoETS User-Guidance Centerrsquo is available in three categories ndash

Users intending to Register First-Time Users Logged-in users of Buyer organizations and Logged-in users of Supplier organizations Various links are provided under each of the three categories Note It is strongly recommended that all authorized users of Supplier

organizations should thoroughly peruse the information provided under the

relevant links and take appropriate action This will prevent hiccups and minimize

teething problems during the use of ETS

The following lsquoFOUR KEY INSTRUCTIONS for BIDDERSrsquo must be assiduously adhered to

1 Obtain individual Digital Signing Certificate (DSC or DC) well in advance of

your first tender submission deadline on ETS

2 Register your organization on ETS well in advance of your first tender submission deadline on ETS

3 Get your organizationrsquos concerned executives trained on ETS well in advance of your first tender submission deadline on ETS

4 Submit your bids well in advance of tender submission deadline on ETS as

there could be last minute problems due to internet timeout breakdown etc

While the first three instructions mentioned above are especially relevant to first-time users of ETS the fourth instruction is relevant at all times

10 Minimum Requirements at Bidders end

Computer System with good configuration (Min P IV 1 GB RAM Windows XP)

Broadband connectivity

Microsoft Internet Explorer 60 or above

Digital Certificate(s) for users

49 Signature of the Contractor

ANNEXURE-III

RATE SHEET

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Rate should be quoted in below Rate Sheet

Sr

No

Rates Quoted By Bidder With Respect to SOR (Schedule Of Rate)

Particulars In Figure In Words

1 Above Of SOR

2 Below Of SOR

3 AT PAR

[At Same Rates of SOR]

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

Signature of the Bidder with Seal

Note

1 All faulty instruments are to be repaired except fully broken or fully burnt due to

electric hazards

2 The work may be offered to more than one contractor if required

Signature of the Tenderer with seal

Full Name _____________________

Full Address________________________

  • TABLE OF CONTENTS
    • CERTIFICATE REGARDING NEAR RLATIVES
      • LETTEROF AUTHORISATION FOR ATTENDING BID OPENING
      • Signed sealed amp Delivered by
      • Above written
        • ANNEXURE-IX - UNDERTAKING

11 Signature of the Contractor

one year or up to extended period of contract from the date of issue of final allocation of

the tender or until the completion of the work assigned under each work order whichever is

later

2 LABOUR

a) The contractor shall be responsible for the transportation storage and safe custody of

all EPBT amp CLIP issued to him by the Company The Contractor shall satisfy himself

regularly the quality and quantity of the materials supplied to him and he will be

responsible for any subsequent deterioration and discrepancy (inclusive of theft) in the

quality quantity of the materials

b) The contractor shall submit a proper account every month of all the EPBT amp CLIP

made over to him by the Company and those returned back duly repairs Any

discrepancy or difference between the EPBT amp CLIP issued to the contractor and those

repaired as per the Company s calculation (which shall be final) will be charged to the

contractor or deducted from his bills at cost price including freight handling charges

storage charges etc plus 20 percent departmental charges

c) On completion of the work the contractor shall return to the Company at the latterrsquos

designated store in good condition free of charges any un repaired EPBT amp CLIP that

were supplied by the Company and contractor shall obtain written receipt of goods In

absence of such written receipt it is presumed that goods in question have not been

returned

d) The contractor while taking delivery of EPBT amp CLIP handed over by the Company at

the designated place shall thoroughly inspect all items before taking them over Once

the EPBT amp CLIP are made over to the contractor it shall be his responsibility for safe

custody till taking over of the complete work by the Company Any pilferage damage

etc to the EPBT amp CLIP shall be at the risk and cost of the contractor and charges for

such unaccounted EPBT amp CLIP shall be decided in accordance with (b) above

e) Notwithstanding any thing else herein stated the contractor shall furnish and pay for

all supervision labour tools supplies construction equipment and consumable

materials as may be necessary for the performance of the work and the cost of these

shall be included in the unit repair prices quoted by the Tenderer at the time of

submitting his tender and payable to the contractor

3 GUARANTEE

In addition to any and all other guarantee and warranty mentioned in the contract

documents the contractor guarantees that the entire work will be done in a satisfactory

manner and free from any defect in workmanship and finish and unconformity in all

respect with the specification and direction The contractor also undertakes to repair or

replace as the case may be at his own cost and risk any part of the work which may

damage or that may develop any defects due to bad workmanship or other wise due to the

fault of contractor within a period of agreement

4 METHOD AND MANNER OF PERFORMANCE

The contractor shall be an independent contractor and shall have complete charge of the

men engaged in performance of the work to the performed hereunder and shall perform the

works in accordance with his own methods and at his own risk subject to compliance with

12 Signature of the Contractor

the contract documents The contractor shall throughout the stipulated period of the

contract execute the work in the best contract substantial workmanlike manner and both as

regards manuals and otherwise in respect in strict accordance with the contract documents

or such other additional particulars instruction and drawing as may be found requisite to

be given during execution of the work in force good order among his employees and shall

not employ on the works any unfit person or anyone not capable or not properly qualify to

properly perform the work assigned to him The contractor shall also not employ in respect

of the work or discontinue to employ in respect of the works any employee that the

GMTD MEHSANA SDE may for any reason object to

5 SUB CONTRACTORS

51 The contractor shall not assign subcontract or sublet the whole or any part of the

works covered by the contract or any benefit thereof without the prior written approval of

the GMTD MEHSANA Copies of all agreements entered into with any permitted or sub

contracts including rates for item of work sub-contracted shall be furnished to obtain in

writing prior approval of the GMTD MEHSANA in this behalf before the sub-contract or

the agent or the assignee as the case may be allowed to do work under the contract

52 The GMTD MEHSANA reserves the right to refuse or permit any person or

organization or sub-contractor to particulars in the works covered by the contract The

assignment or sub-contracting or subletting of any such work if permitted by the GMTD

MEHSANA shall not relieve the contractor of any of his liabilities and responsibilities

hereunder the intention being that notwithstanding any assignment or subletting or sub-

contracting the contractor shall be and remain primarily and principally liable to the

Company in terms hereof and for the due fulfillment of the contracted works any assignee

or sub-contractor being regarded merely as the agency of the contractor

53 Each assignee and sub-contractor shall be covered by the contract documents and shall

perform the work which he takes up in accordance with The Company will have the same

privileges and rights with respect to the inspection of work of assignees or sub-contractors

as are provided for under the contract documents governing the work of the contract

54 The contractor shall indemnify and save harmless the Company from and against all

actions suits proceedings loses costs damages charges claims and demands whatsoever

either in law or in enquiry and all costs (inclusive between attorney and client) and charges

and expenses that the Company may sustain suffer or incur arising from or out of or

incidental (to in connection with any act or commission) of the contractor his agent

employee assignee or sub contractor The provision shall also apply to the sub-contractor

or assignee as the case may be

6 REPRESENTATIVE OF THE COMPANY

The Company shall be represented by the GMTD who will be in charge of the work

The Company representative in works site shall be the designated officials or such other

representative as the GMTD MEHSANA may from time to time designate in writing

Notice given in writing by the designated official or GMTD shall be deemed to be

notices given by the Company to the contractor The designated official and such other

representative as GMTD may designate in writing shall be deemed to be authorized

officer to represent the Company in respect of the work of any designated section any

decision agreement or instructions in writing by the Company representative as aforesaid

which is within his powers shall be binding on the contractor

13 Signature of the Contractor

7 REPRESENTATIVE OF CONTRACT

The contractor shall furnish to the Company the scheme of his intended organization and

nominated representative to whom the Company representative can make known decisions

authorizations and interpretations The contractor shall within 10 days after the execution

of the contractagreement notify the Company the name(s) and address(s) of the

representative(s) along with the specimen signature Any change in name and address of

any representative notified aforesaid should be promptly intimated in writing to the

Company Notices given in writing to the representative shall be deemed to be notices

given to contractor This representative shall be fully authorized to represent contractor on

matters involving more than one section of work notification in respect of whom shall

likewise be given to the Company and who shall likewise be the contractors representative

in terms aforesaid

8 INTERPRETATION OF THE CONTRACT DOCUMENTS

The GMTD MEHSANA and the contractor shall in so far as possible by mutual

consultation try and decide upon the meaning and intent of the contract documents In case

of disagreement the dispute will be referred to the sole Arbitrator as provided in the

contract Any change in the contract document shall be set forth in writing by the

representative of the parties hereto It shall be the contractorsrsquo responsibility to thoroughly

familiarize all of his supervisory personnel with the contents of all the contract documents

9 CHANGES EXTRA WORK amp QUANTUM OF WORK

91 Change used herein means a substitution for omission of any work or other

requirement within general scope of the work the performance of the compliance with

which is contemplated by the contract documents

92 Extra work as used herein means any works of compliance with any requirement

other than a change which is not expressly or implied contemplated by the contract

documents and which is necessary to be performed for the proper completion of the

contracted work For the purpose of clarification it is declared that any work or operation

which shall be necessarily incidental to the proper performance of any item of work or part

thereof shall be deemed to have been by implication provided for in the relevant item of

work or part thereof and shall not constitute extra work

93 The GMTD MEHSANA may at his absolute discretion make change in the work

provided for in the contract documents including the commencement of the work and may

require the performance of extra work by the contractor

94 The contractor shall not undertake or make any change or do any work under this

contract unless he has received written instructions from the representative of the

Company

95 The contractor shall not be entitled to any compensation in addition to the contract

price for the performance of any work not envisaged under the contract unless prior to the

performance of such work he has received from the designated official in written

authorization for performance such work

96 For Extra work within the scope of this contract the contractor will receive extra

compensation on the basis of a lump sum unit price as may be agreed upon in advance

between the GMTD MEHSANA and the contractor

14 Signature of the Contractor

97 (a) in cases of such of the works where interpolations of the rates are possible such

rates shall be accepted by both the parties

(b) If the altered additional or substituted work includes any work for which no rates are

specified in the contract for the work can be derived from similar class of work in the

contract than such work shall be carried out at the rate determined by the designated

official on the basis of the prevailing market rates where the work was done

(c) If the rates for the altered additional or substituted work cannot be determined in the

manner specified above then the contractor shall within 7 days of the date of receipt of

order to carry out the work inform the Designated official of the rate which it is his

intention to charge for such class of work supported by analysis of the rate or rates

claimed and the designated official shall determine the rates on the basis of prevailing

market price and pay the contractor accordingly However the Designated official by

notice in writing will be at liberty to cancel his order to carry out such class of work and

arrange to carry it out in such manner as he may consider advisable

98 The quantum of work mentioned in the tender is approximate and subject to vary

However for evaluation purpose the quantum as mentioned in the tender will only be taken

into account

910 The quantum of works (Estimated Cost) of the tender is purely tentative and it can

vary as per requirement of BSNL Mehsana and so successful contractor may not

challenge to BSNL Mehsana in respect to the works of this tender

911 The estimated cost or quantum of work may vary on the basis of actual requirement at

the discretion of GMTD Mehsana limited to + 25 without any change in approved rates

terms amp conditions of contract

10 QUALITY OF WORK

The Company shall be the final judge of the quality of the work and the satisfaction of

the standards in respect thereof set forth in the contract documents Laxity or failure to

enforce compliance with the contract documents by the Company and or its

representative shall not manifest a change or intent or waiver the intention being that

notwithstanding the same the contractor shall be and remain responsible for complete and

proper compliance with the contract documents and the specification therein The

GMTD MEHSANA has the right to prohibit the use of men and any tools materials or

equipments which in his opinion do not produce work or performance meet the

requirement of the contract documents

1l PROTECTION OF WORK

The contractor shall be responsible for all materials equipment furnished or supplied by

the company while in the contractors custody

12 NOTIFICATION

The contractor shall give in writing to the proper person or authority with a copy to the

GMTD MEHSANA such notification as may be mandatory or necessary in connection

with the commencement suspension resumption performance and or completion of the

contracted work All notices shall be given sufficiently in advance of the proposed

operation to permit proper correlation of activities and the contractor shall keep all proper

persons or authority involved regularly advised of the progress or operation through out the

performance of the work together with such other information and or supporting figures

15 Signature of the Contractor

and data as may from time to time as directed or required

13 DELAY IN EXECUTION OF WORK

The Company will make every reasonable effort to furnish the materials required to be

furnished by it under the contract and right of user including the permit required to be

furnished by the Company under the contract and made available in due time so as not to

delay execution of the work The Company will however not be liable to the contractor for

any losses or damages costs charges or expenses that the contractor may in any way

sustain suffer due to delay in making the above available However an extension in time

schedule may be admitted on the above reason

14 SHUT DOWN ON ACCOUNT OF WEATHER CONDITIONS

The contractor shall not be entitled to any compensation whatsoever by reason of

suspension of the whole or any part of the work made necessary by the Company or

deemed advisable on account of bad weather conditions or other unavoidable conditions

15 SECURITY DEPOSIT amp EARNEST MONEY DEPOSIT

EMD (Bid Security) is Rs 9458- amp Performance Security Deposit (PBG) is 10 of

Estimated Tender Cost

151 The security deposit or a part thereof or such balance thereof if any as may remain

after deduction there from in respect of any outstanding bills of the contractor to the

Company shall be paid back to the contractor after termination of contract on expiry of

contract period The contractor shall remain liable to the Company in respect of any

shortfall or discharge of liabilities notwithstanding return of security deposit or any part

thereof The security deposit is required to protect the company against the risk of the

tendererrsquos conduct and breach of contract in which case it would be forfeited without

prejudice to any other action that the company may take against the contractor

152 No interest will be payable on the earnest money or the security deposit or amount

payable to the contractor under the contract

153 Tenderer shall furnish as part of his bid a bid security (Earnest Money Deposit) for a

specified amount The Tenderer (Small scale Units) who are registered with National

Small Scale Industries Corporation under Single Point Registration Scheme are exempted

from bid security (Earnest Money Deposit) up to the amount equal to their monetary limit

In case of Tenderer having monetary limit as no limit the exemption will be limited to Rs

5000000- (Rs Fifty lakhs) only as per the existing policy of Company A proof regarding

current registration with NSIC for the Tendered Item will have to be attached along with

the bid

154 The bid security (Earnest Money Deposit) is required to protect the company against

the risk of tenderers conduct which would warrant the EMD forfeiture pursuant to Para

159

155 The bid security (Earnest Money Deposit) shall be in the form of cash or a Demand

DraftBankerrsquo chequePay order from any NationalizedSchedule Bank payable at

MEHSANA in favour of the AO (cash) BSNL Oo GMTD MEHSANA Payment in any

other form is not acceptable Any Small Scale Industry Firm claiming exemption from the

payment of bid security (Earnest Money Deposit) should submit the copy of the current

registration with National Small Industries Corporation (NSIC) for the tendered items No

16 Signature of the Contractor

interest on bid securityEMD payable

156 A Bid not secured in accordance with Para 153 amp 155 shall be rejected by the

company

157 The bid security (Ernest Money Deposit) of the unsuccessful bidder will be discharged

returned as promptly as possible and no claim whatsoever in this respect would be

entertained

158 The successful bidderrsquos bid security (Earnest Money Deposit) will be returned after

the bidderrsquos acceptance of the tender amp performance security deposit

159 The bid security (Earnest Money Deposit) will be forfeited

a) If the Tenderer withdraws his bid during the period of bid validity specified by

the Tenderer on the Bid form Rate sheet Price Bid or

b) In the case of a successful Tenderer if the bidder fails

i) to sign the Agreement contract amp

ii) to furnish Security Deposit

1510 The performance security deposit (PSD) deposited by the successful bidder in the

form of Cash or in PBG will be released after successful completion of contract and no due

pending against him

16 INSPECTIONS AND TESTING

The GMTD MEHSANA or his representative or any of the officers shall have free

access to the work site at all time for inspection The contractor shall render to the

representative of the company all possible assistants and facilities for the purpose

17 ASSESSMENTS PERMITS LICENCES AND OTHER FACILITIES

17l The contractor shall obtain provide at his own cost all assessments permits and

licenses necessary to do its work

172 The contractor shall be responsible for obtaining at his expense such licenses

permitfacilities as are necessary for the contractor to operate and do business in the

republic of India and in the state in which the work is to be performed

173 The contractor will not be entitled to extra compensation for hardship and increase in

cost Some cases may necessitate special method of execution of work and such

contingency shall deemed to have been provided for in the rates

18 PROTECTION OF LIFE AND PROPERTY AND EXISTING FACILITIES

181 The contractor is fully responsible for taking all possible safety precautions during

preparation for and actual performance of the work

182 The contractor shall undertake to indemnify and keep indemnified the Company from

and against all actions cause of actions damages claims and demand whatsoever either in

law or in inquiry and all losses and damages and costs (inclusive between attorney and

client) charges and expenses in connection there with and or incidental thereto The

contractor shall take all responsibility and risk in the execution of the work

183 It shall be the responsibility of the contractor to see that his employees or any other

person does not misbehave with anybody in company

17 Signature of the Contractor

19 INDEMNITIES

191 The contractor shall at all time hold the Company harmless and indemnify from

against all actions suits proceeding work cost damages charge claims and demand of

every nature and description brought or procured against the Company its officer and

employee and forth with upon demand and without pretest or demur to pay to the

Company any and all losses and damages and cost (inclusive between attorney and client)

and all costs incurred in endorsing this or any other indemnities or security which the

Company may now or at any time have related to the work or the contractors obligations

or in protecting or endorsing its right in any suit or other legal proceeding charges and

liabilities resulting from or incidental or in connection with injury disease or disablement

or death of any person (s) including employee of the contractor or damage to the property

resulting from or arising out of or in any way connected with or incidental to the operator

cause by the contractor documents In addition the contractor shall reimburse the Company

or pay to the Company forthwith on demand without protest or demure all costs charges

and expenses and losses and damages otherwise incurred by it in consequence of any

demands and actions which may be brought against the Company arising out of or

incidental or in connection with the operation covered by the contractor

192 The contractor shall at his own cost at the Company request defend any suit or other

proceeding asserting a claim covered by this indemnity but shall not settle compound or

compromise such suit or other finding without first consulting the Company

20 COMPLIANCE WITH LAW AND REGULATIONS

201 During the performance of the work the contractor shall at his own cost and initiative

fully comply with all applicable law of the land and with any and all applicable by-laws

rules regulations and orders and any other provision having in forces of any Company

Company agencies or department municipal board Company or other regulatory or

authorized body of person and shall provide all certificate of compliance therewith as may

be required by such applicable law by-law rules regulation orders or provision The

contractor shall assume full responsibility for the payment of all contributions and pay roll

taxes as to its employee servants or agent engaged in the performance of the work

specified in the contract documents The contractor require any assignee or sub-contractor

to whom any portion of the work to be performed hereunder may be assigned subleased

or sub-contracted to comply with the provision of the clause and in this connection the

contractor agrees as to undertake to save and hold the Company harmless and indemnified

from and against anyall penalty actions suits losses and damages claims and demands

and cost (inclusive between attorney and client) charges and expenses whatsoever arising

out of occasioned indirectly or directly by failure of the contractor or any assignee or

sub-contractor to make full and proper compliance with the said by-laws rules regulation

law and order and provision as aforesaid

202 Subject to the provisions of the contractor labour (Abolition and regulation Act

1970) the contractor shall not commence actual work unless he produces a receipt from

the concerned licensing authority that he has applied for licensees from the prescribed

licensing authority which may be produced within the period of 15 days or commencing

the work

203 Contractor will have to carry out the work under the rules and regulation of Labour

Act

18 Signature of the Contractor

21 OPTIONAL TERMINATION BY COMPANY (OTHER THAN DUE DEFAULT OF

CONTRACTOR)

211 The Company may at any time at its option cancel and terminate this contract by

written notice to the contractor in which event the contractor shall be entitled for payment

for the work done upto the time of such cancellation

212 In the event of the termination of the contract the contractor shall forthwith hand over

possession of the EPBT amp CLIP Concerned to the company or as the company may direct

213 The Company may at its option cancel or omit the execution of one or more items

of work under this contract and any part of such item(s) without any compensation

whatsoever to the contractor

22 TAXES AND DUTIES

Contractor shall pay all rates levies fees royalties taxes and duties except service tax

payable or arising from out of by virtue of or in connection withor incidental to the

contract or any of the parties in terms of the contract documents andor in respect of the

works or operation(s) or any part thereof to be performed by the contractor and the

contractor shall indemnify and keep indemnified the company from and against the same

or any default by the contractor in the payment thereof other taxes imposed by the

Government will be borne by the contractors Service tax will be paid by BSNL provided

that service tax particulars supplied amp claimed in bills

23 BREACH OF CONTRACT

The Designated officialnominated representative may without prejudice to his right

against the contractor in respect of any delay or inferior workmanship or otherwise or to

any claims of damage in respect of any breaches of the contract and without prejudice to

any rights or remedies under any of the provisions of this contract or otherwise and

whether the date for completion has or has not elapsed by notice in writing absolutely

determine the contract in any of the following cases -

(i) If the contractor having been given by the designated official nominated

representative a notice in writing to rectify reconstruct or replace any defective work or

that the work is being performed in any inefficient or otherwise improper or un work

manlike manner shall omit to comply with the requirements of such notice for a period of

fifteen days thereafter or if the contractor shall delay or suspend the execution of the work

so that either in the judgment of the Designated official (which shall be final and binding)

he will be unable to secure completion of the work by the date for completion or he has

already failed to complete the work by that date

(ii) If the contractor being a company shall pass a resolution or the court shall make an

order that the company shall be wound up or if a receiver or a manager on behalf of a

creditor shall be appointed or if circumstances shall arise which entitle the court or creditor

to appoint a receiver or a manager or which entitle the court to make a winding up order

(iii) If the contractor commits breach of any of the terms and conditions of this contract

(iv) If the contractor commits any acts mentioned in clause thereof

24 When the contractor has made himself liable for action under any of the aforesaid

19 Signature of the Contractor

clauses the Designated official on behalf of the company shall have powers -

(a) To determine or rescind or terminate the contract as aforesaid (of which termination

or rescission notice in writing to the contractor under the hand of the Designated

officialnominated representative shall be conclusive evidence) Upon such determination

or rescission the Security deposit of the contractor shall be liable to be forfeited and shall

be absolutely at the disposal of Company Notice for period of 15days will be received

from the date of issue of notice

(b) To employ other agency paid by the company and to supply materials to carry out the

works or part of the work debiting the contractor with the cost of the work and the price of

the materials (of the amount of which cost and price certified by the Designated official

shall be final and conclusive against the contractor) and crediting him with the value of the

work done in all respects in the same manner and the rates as if it had been carried out by

the contractor under the terms of the contract The certificate of the GMTD-MEHSANA as

to the value of the work done shall be final and conclusive against the contractor provided

always that action under the sub-clause shall only be taken after giving notice in writing to

the contractor Provided also that if the expenses incurred by the company are less than the

amount payable to the contractor at his agreement rates the difference should not be paid

to the contractor

(c) After giving notice to the contractor to measure up the work of the contractor and to

take such part thereof as shall be unexecuted out of his hands and to give it to another

contractor to complete in which case any expenses which may be incurred in excess of the

sum which would have been paid to the original contractor if the whole work has been

executed by him (of the amount of which excess the certificate in writing of the Designated

official shall be final and conclusive) shall be borne and paid by the original contractor and

may be deducted from any money due to him by company under this con tract or on any

other account whatsoever or from his security deposit or the proceeds of sales thereof or a

sufficient part thereof as the case may be

25 In the event of any one or more of the above courses being adopted by Designated

official the contractor shall have no claim to compensation for any loss sustained by him

by reason of his having purely leased or procured any materials or equipment or entered

into any agreement or made any advances account or with a view to the execution or the

work or the performance of the contract and in case action is taken under any of the

provisions aforesaid the contractor shall not be entitled to recover or be paid any sum for

any work thereto or actually performed under this contract unless and until Designated

official has certified in writing the performance of such work and the value payable in

respect thereof and he shall only be entitled to be paid the value so certified

26 In any case in which any of the powers conferred upon the Designated official by

clause 24 thereof shall have become exercisable and the same shall not be exercised the

non exercise thereof shall not constitute a waiver of any of the conditions hereof and such

powers shall notwithstanding be exercisable in the event of any future case of default by

the contractor and the liability of the contractor for compensation shall remain unaffected

In the event of the Designated official putting in force all or any of the powers vested in

him under the proceeding clause he may if he so desires after giving a notice in writing to

the contractor take possession of (or at the sole discretion of the Designated official which

shall be final) use as on hire (the amount of the hire money being also in the final

determination of the Designated official) all or any tools materials and stores in or upon

the works or the materials belonging to the contractor or procured by the contractor and

20 Signature of the Contractor

intended to be used for the execution of the contract or any part thereof paying or

allowing for the same amount at the contract rates or in the case of these not being

applicable at current market rates to be certified by the Designated official whose

certificate thereof shall be final otherwise the Designated official by notice in writing may

order the contractor or his clerk of the works foremen or other authorized agent to remove

such tools plants materials stores from the premises (within and time to be specified to

comply with any such requisition the Designated official may remove them all at

contractors expense or sell them by auction or private sale on account of the contractor and

it his risk in all respects and the certificate of the Designated official as to the expense of

any such removal and the amount of the proceeds and expenses of any such sale shall be

final and conclusive against the contractor

27 If the contractor shall desire an extension of time for completion of the work on the

grounds of his having been unavoidably hindered in its execution or on any other ground

he shall apply in writing to the Designated official within seven days of the date of

hindrance on account of which he desired such extension as aforesaid and the Designated

official shall if in his opinion (which shall be final) reasonable grounds be shown

therefore authorize such extension of time if any as may in his opinion be necessary or

proper

28 If at any time after the commencement of the work the company for any reason

whatsoever not require the whole thereof as specified in the tender to be carried out the

Designated official shall give notice in writing of the fact to the contractor who shall have

no claim to any payment of compensation whatsoever on account of any profit or

advantage which he might have derived from the execution of the work in full but which

he did not derive in consequence of the full amount of the work not having been carried

out neither shall he have any claim for compensation by reason of any alterations having

been made in the original specifications drawings designs and instructions which shall

involve any curtailment of the work as originally contemplated

29 INSPECTION

All work under or in course of execution or executed in pursuance of the contract shall at

all times be open to the inspection and supervision of the Designated official and his

authorized subordinates and the contractor shall at all times during the usual working hours

and at all other times at which reasonable notice of the intention of the Designated official

or his subordinate visit the works shall have been given to the contractor either himself be

present to receive order and instructions or have a responsible agent duly a credited in

writing present for that purpose Orders given to the contractors agent shall be considered

to have the same force as if they had been given to the contractor himself

30 WORKMENS COMPENSATION

In every case in which by virtue of the provisions of section 12 sub-section

(i) of the workmenrsquos compensation Act 1923 Company is obliged to pay compensation to

a workman employed by the contractor in execution of the works Company will recover

from the contractor the amount of the compensation so paid and without prejudice to the

rights of the Company under section 12 Sub section

(ii) of the said Act Company shall be at liberty to recover such amount or any part thereof

by deducting it from the security deposit or from any sum due by the company to the

contractor whether under this contract or otherwise Company shall not be bound to contest

21 Signature of the Contractor

any claim made against it under section-12 subsection (i) of the said Act except on the

written request of the contractor and upon his giving to company full security for all costs

for which Company might become liable in consequence of contesting such claim

31 LABOUR WELFARE

311 In every case in which by virtue of the provisions of the contract Labour (Regulation

and Abolition) Act 1970 and of the contract labour (Regulation and abolition) Central

Rules 1971 Company is liable to pay any amounts of wages to a workman employed by

the contractor in execution of the works or to incur any expenditure in providing welfare

and health amenities required to be provided under the above said Act and the Rules under

clause 19 to 19 J and 20 of PWD-8 or under the CPWD Contractors Labour

Regulations or under the Rules framed by Government from time to time for the

protection of health and sanitary arrangements for workers employed by CPWD

contractors company will recover from the contractor the amount of wages so paid or the

amount of expenditure so incurred and without prejudice to the right of the Government

under section 20 sub-section (ii) and section 21 sub-section (4) of the contractor Labour

(Regulation and Abolition) Act 1970 company shall be at liberty to recover such amount or

any part thereof by deducting it from the security deposit or from any sum due by the

company to the contractor whether under this agreement or otherwise company shall not

be bound to contest any claim made against it under section 20 except on the written

request of the contractor and upon his giving to the company full security for all costs for

which Government might become liable in contesting such claim

312 The contractor shall obtain a valid licence (If required depending upon the number of

persons engaged and the nature of the work intended) under the contract Labour (RampA)

Act 1970 and the contract labour (R amp A) Central Rules 1971 before the commencement

of the work and continue to have a valid license until the completion of the work

313 Any failure to fulfill this requirement shall attract the penal provisions of this

contract arising out of the resultant non-execution of the work

314 No person below the age of (18) eighteen years shall be employed on the work

32 FAIR WAGES

(a) The contractor shall pay to persons employed by him either directly or through sub-

contractor wages not less than fair wages as defined in the CPWD Contractors Labour

(Regulations and Abolition) Act 1970 and the contract labour (Regulation and Abolition)

Central Rules 1971 wherever applicable

(b) The contractor shall notwithstanding the previsions of any contract to the contrary

cause to be paid fair wages to persons indirectly engaged on the work including any

labour engaged by his sub contractor in connection with the said work as if the labour had

been immediately employed by him

(c) The General Manager Telecom District MEHSANA or his subordinate officer

concerned shall have the right to deduct from the money due to the contractor any sum

required or estimated to be required for making good the loss suffered by a worker or

workers by reasons of non-fulfillment of the conditions of the contract for the benefit of

the workers non payment of wages or of deduction made from his or their wages are not

justified by their terms of the contract or non-observance of the Regulations

22 Signature of the Contractor

(d) The contractor shall comply with the provisions of the payment of wages Act 1936

Minimum wages Act 1948 Employees Liability Act 1938 Workmenrsquos compensation Act

1923 Industrial Disputes Act 1947 Maternity Benefits Act 1961 and the contractorrsquos

Labour (regulation and abolition) Act 1970 or the modifications there of or any other laws

relating thereto and the rules made there under from time to time

(e) The contractor shall indemnify Government against payments to be made under and

for the observance of the laws aforesaid without prejudice to his right to claim indemnity

from his sub-contractors

(f) The regulations aforesaid shall be deemed to be a part of this contract and any breach

thereof shall be deemed to be a breach of this contract

33 OTHER LABOUR WELFARE MEASURES

The contractor shall comply with all the provision of the Minimum wages Act 1948

Contractor Labour (R amp A) Act 1970 and rules framed and other labour laws affecting

contract labour that may be brought into force from time to time

34 The contract shall not assign or sublet without the written approval of the GMTD

MEHSANA or his nominated representative and if the contractor shall assign or sublet his

contract or attempt so to do or become insolvent or commence any insolvency proceeding

or make any composition with his creditors or attempt so to do or if any bribe gratuity

gift loan perquisite reward or advantage pecuniary or otherwise shall either directly or

indirectly be given promised or offered by the contractor or any of his servants or agent to

any public officer or person in the employ of Government in any way relating of his office

or employment or if any such officer or person shall become in any way directly or

indirectly interested in the contract the Designated official on behalf of the President of

India shall have power to adopt any of the coursed specified in clause 24 as he may deem

best suited in the interest of Government and in the event of any of these course being

adopted the consequences specified in the said clause 24

35 All sums payable by way of compensation under any of these conditions shall be

considered as reasonable compensation to be applied to the use of Government without

reference to the actual loss or damage sustained and whether or not any damage shall have

been sustained

36 PARTNERSHIP FIRMS

Where the contractor is a partnership firm the previous approval in writing of the

Designated officialnominated representative shall be obtained before any change is made

in the constitution of the firm Where the contractor is an individual or a Hindu undivided

family business concern such approval as aforesaid shall like wise be obtained before the

contractor enters into any partnership agreement where under the partnership firm would

have the right to carry out the work hereby undertaken by the contractor If previous

approval as aforesaid is not obtained the contract shall be deemed to have been assigned in

contravention of Clause hereof and the same action may be taken and the same

consequence shall ensure as provided in the said clause

37 All works to be executed under the contact shall be executed under the direction and

subject to the approval in all respected of the Designated official who shall be entitled to

direct at what point or points and in what manner they are to be commenced and from time

to time carried on

23 Signature of the Contractor

38 Whenever any claim against the contractor for the payment of a sum or money arises

out of or under the contract Government shall be entitled to recover such sum by

appropriating in part or whole the security deposit of the contractor and to sell any

Government Promissory Notes etc forming the whole or part of such security In the event

of the security being insufficient or if no security has been taken from the contractor then

the balance or the total sum recoverable as the case may be shall be deducted from any

sum then due or which at any time thereafter may become due to the contractor under this

or any other contract with Government Should this sum be not sufficient to cover the full

amount recoverable the contract shall pay to Government on demand the balance

remaining dues

39 AUDITS AND TECHNICAL EXAMINATION

391 Company shall have the right to cause an audit and technical examination of the

works and the final bills of the contractor including all supporting vouchers abstract etc to

be made after payment of the final bill and if as a result of such audit and technical

examination any sum is found to have been overpaid in respect of any work done by the

contractor under the contract or any work claimed by him to have been done by him under

the contract and found to have amount of over payment and it shall be liable to refund the

amount of over payment and it shall be lawful for Company to recover the same from him

in the manner prescribed or in any other manner legally permissible and if it is found that

the contractor was paid less than what was due to him under the contract in respect of any

work executed by him under it the amount of such under payment shall be duly paid by

Company to the contractor

392 Any sum of money due and payable to the contractor (including Security Deposit

returnable to him) under this contract may be appropriated by the Company and set off

against any claim of the Company for the payment of a sum or money arising out of or

under any other contract made by the contractor with the Company

40 Contractor shall not enter into agreement with any other unit on approved tender of

GMTD MEHSANA without prior approval of the General Manager Telecom District

MEHSANA

41 Without prejudice to any of the rights or remedies under this contract if the contractor

dies the GMTD MEHSANA on behalf of the company shall have the option of

terminating the contract without compensation to the contractor

42 No Engineer of gazetted rank or other gazetted officer employed in Engineering or

administrative duties in an Engineering Department of the Government of India is allowed

to work as contractor for a period of two years of his retirement from Government service

without the prior permission of Government of India This contract is liable to be canceled

if either person who had not obtained the permission of Government of India as aforesaid

before submission of the tender or engagement in the contractors service as the case may

be

43 COMPENSATION FOR DELAY The time allowed for carrying out the work as

mentioned shall be strictly observed by the contractor and shall be deemed to be of the

essence of the contract on the part of the contractor However for special jobs if the

contractor has submitted a time schedule and the same has been accepted by the designated

officialnominated representative of the company the contractor shall comply with the

said time schedule

24 Signature of the Contractor

44 TIME LIMIT amp LIQUIDATED DAMAGE CHARGES

441 It will be at the discretion of the GMTD MEHSANA to revise or modify or extend

the time limits specified for the total work awarded to the contractor or to further specify

the quantum of work to be completed within a specified period provided a written request

has been received from the contractor explaining the reasons for which such extension of

time is asked for and the GMTD MEHSANA in the particular case is convinced and

satisfied that such extension or revision or modification is in the interest of the

Government In such cases payment of liquidated damage as compensation for delay

becomes liable based on such revised or modified or extended time limits and the

conditions under which such extension or modification or revision has been made

Liquidated damage will be charged as per Special Condition clause No2 amp 3 read as

under

1 Delay in collection - Rs5- per instrument per week or part there of for entire lot of

unserviceable instruments collected delayed subject to a maximum Rs20- per instrument

in case timely collection is not done as per 2(b) of special conditions

2 Delay in delivery- Rs2- per week or part there of on the entire lot of instruments

delivered delayed in case of delivery not made timely as per Para 3 of Special conditions

442 The contractor shall have to complete the contractual work within stipulated period

and it is very clearly understood between the parties that the time is made the essence of

contract

45 The Company assumes no responsibility whatever for any oral understandings or

representations made by any its officers or agents or servants prior to the execution of the

contract and all previous negotiations and understandings are hereby canceled

46 STORERSMATERIAL SUPPLIED BY THE GOVERNMENT

All materials supplied to the contractor by the company shall remain the absolute

property of Company and shall not be removed from site of the work except for use in the

work and shall be at all times open to inspection by Designated official

47 In the event of the contractor being adjudged insolvent or going voluntarily into

liquidation or having received order or other order under insolvency Act made against him

or in the case of a company of the passing of any resolution or making of any order for

winding up weather voluntarily or otherwise or in the event of the contractor failing to

comply with any of the conditions herein specified the GMTDMEHSANA shall have

the power to terminate the contract without previous notice

48 ACCEPTANCES AND MEASUREMENT

481 It is important that the work carried out by contractor is approved by the designated

official nominated representative of the company

482 The designated official nominated representative of the Govt and the contractor or

his authorized representative will certify under their signature at the appropriate places that

the work carried out is as per the specification

49 PRICE VARIATION

25 Signature of the Contractor

The Company shall not be responsible for any escalation in prices of labour or materials

machinery equipment etc whatsoever or any increase in any duties levies or taxes in

respect thereof whatsoever and the contractor rates and contractors obligations shall

remain unaffected by such escalation and or increases

50 FORCE MAJEURE

In the event of either party being rendered unable by force majeure to perform this

contract than the obligations of the party effected by such force majeure shall be

suspended for the whole period during which such cause lasts and until normal operation

are resumed and when such cause ends the execution of this contract must be resumed

with all responsible dispatch should the execution of this contract be suspended by force

majeure than a corresponding extension of the completion date shall be automatically

granted The occurrence of a cause of force majeure however shall not relieve the

company and its obligation to make payment to the contractor for the work satisfactorily

executed prior thereto The terms force majeure as employed herein shall mean act of God

war declared or undeclared hostilities enemy actions revolts riots legal lock outs and

eligible strikes tidal waves forest fires major floods explosions earth quakes epidemics

sabotage extra ordinary act and Regulation of central or state Government or Municipality

Bodies Upon the occurrence of such causes and its termination the parties rendered unable

as aforesaid shall notified the other party in writing within 72 hours of the beginning and

ending dates giving full particulars and evidences if required

51 PAYMENTS

The contractor shall prepare the bills claiming shown as labour cost and material cost

separately The contractor shall submit the bills within 30 days after completion of the

work duly certified by the designated officialnominated representative of company

GMTD MEHSANA has full right to disallow the payment of the bills received after 30

days of completion of work

52 The GMTD MEHSANA may however at his discretion allow the contractor to

submit fortnightly bills or at the end of each work

53Income tax at the rate in force at that time would be deducted from his payments of bills

as Tax deducted at source However if any new legislation comes into effect for

deduction of tax at source at any other rate deduction will be made at that rate

The GMTD MEHSANA will issue necessary Income tax deduction certificate or the

Accounts Officer detailing the amount so deducted As Tax Deducted at Source at the time

of payment or each bill

54 The Tenderer should submit all requisite documents including EPF related documents

as per clause in tender terms amp conditions and special conditions along with the bill if

applicable

55 PAYMENT PROCEDURE

551 The bills are to be submitted in TRIPLICATE and in the manner and form that may

be prescribed by the GMTD MEHSANA from time to time ldquoAccounts Payeerdquo cheque

for amount passed in the bill will be issued only after the contractor gives a stamped

receipt for the amount unless the bills are pre-receipt Only Accounts Payee Cheques

drawn on the branch of the state bank of India or other bank in which the GMTD or the

26 Signature of the Contractor

Accounts Officer may be having drawing assignment account will make payments The

payments will be made either by the Accounts Officer or by any other official who at any

period of time may be convenient to the company

552 Any liquidated damages due shall also be recoverable from the bills submitted for the

payment by the aforesaid officer

553 The security deposit with the GMTD Shall be considered for adjustment against

liquidated damages only at the time of final conclusion of the contract and final settlement

of account

554 The GMTD MEHSANA will have e the right to recover liquidated damages for

delay or slow progress of the works from the bills submitted for payment

555 The final settlement of the bills and refund adjustmentappropriation of any amount

detained from the running bill of the contractor shall be made fully after the GMTD is

satisfied that all the contractual obligation have been fully met and no amount remain due

for recovery from the contractor on any count Unless there are specific reasons all

accounts are expected to be settled within a period of six months from the date of

completion of the works in all respects

56 FINAL ACCEPTANCE

If any of the work is found to be unsatisfactory by the designated officialnominated

representative of the govt the contractor shall be intimated in writing of the corrections

repairing to be carried out The contractor shall be required to correct all defects that

remain evident at any time prior to final acceptance of the contractors works by the

GMTD MEHSANA The cost of all such repairs and corrections shall be borne by the

contractor Failure or neglect on the part of the GMTD MEHSANA or his representative

to confirm or reject inferior work notwithstanding final acceptance of the work or any part

thereof by the company THE GMTD MEHSANA Designated official or his

representative shall not be construed to imply the acceptance of such work The provision

of this clause shall not in any way affect or limit the contractors liability under the

undertaking and guarantee contained in the contract documents

57 DISPUTES AND ARBITRATION

All dispute arising between the contractor and GMTD MEHSANA out of this contract

shall be referred to the sole arbitration in the following manners -

a) In case parties are unable to reach a settlement by themselves the dispute should be

submitted for arbitration in accordance with contract agreement

b) There should not be a joint submission with the contractor to the sole arbitrator

c) Each party should submit its own claimed severely and may oppose the claim put

forward by the other party

d) The onus of establishing his claims will be left to the contractor

e) His claim will be firmly resisted by utilizing all the evidence available with the

company

27 Signature of the Contractor

f) Once a claim has been included in the submission by the contractor a retraction or

modification thereof will be opposed

g) The Point of Defense will be based on actual condition of the contract

h) The question whether these conditions are equitable shall not receive any consideration

in the preparation of Points of Defense

i) The arbitrator shall not entertain claims in the nature of ex-gratia payments as these

are not contractual

j) If the contractor including such claims in his submission the fact that they are not

contractual will be prominently placed before the arbitrator

k) In case the amount involved is heavy the sole arbitrator may be within his rights to

conduct the defense by the government pleader

The award of the sole arbitrator shall be final and binding on the parties to the dispute It

is further agreed that reference to the sole arbitration of officer appointed as arbitrator is

conditions precedent and none will be entitled to move the court without referring the

matter to sole arbitrator

58 Contractor should produce latest Income Tax CertificateSales Tax registration

certificate

59GMTD Mehsana reserves the rights to terminate RRC for breach of

conditionconditions of the agreement after giving a show cause notice of 14 days and after

examining reply if any filed by him pursuance to show cause notice

60 GMTD Mehsana reserves the rights to engaged one or more contractors for this work

61 Rates to be quoted in ANNEXURE ndash III Financial Bid in separate sealed cover and

declaration to be given in ANNEXURE-II-A amp ANNEXURE ndash II B duly signed by all

partnersdirectors of the companyfirm

28 Signature of the Contractor

SECTION ndash V

SPCECIAL CONDITIONS

Work Orders shall be issued by concerned SDE approved by DE

1 Scope of the work Repairing of faulty electronic CLIP push button telephone

instruments buttons key including plan instrument It shall cover all instruments

including those having PCB Display of CLI and burnt out due to their connections

to powers inadvertently but excluding PBT with bakelite portion broken

discolored

2 Collection of faulty instruments

A For lifting of faulty instruments the minimum lot size will be of 20 units

the SDEexchange in charge will intimate the quantity of faulty instruments

accumulated with him over telephone or by FAX to the contractor

B The contractor shall ensure the collection of the faulty instruments within

three working days of the date at giving work order or intimation over telephone or

by FAX on working days between 10 AM to 17 PM at his cost

C The contractor shall acknowledge the receipt of the faulty instruments made

over to him

3 Duration of repair

A The contractor shall repair the faulty instruments at his own work-shop and

return the same to SDEexchange in-charge concerned at his own cost within one

week of its collection (for calculating one week the day of collection and day of

handing over will be inclusive)

B After carrying out repairs of the faulty instruments the contractor shall

offer the instruments to SDEExchange in-charge or JTO nominated by him for

inspection and testing one day before the expiry of schedule delivery date The

decision of the inspecting officer as to accept the repaired instruments will be final

and binding on contractor

C The contractor shall pack each repaired instrument suitably in a

polythene bag after polishingbuffing while returning them to SDE

D The contractor shall paste stiker with date of repairing on back side of

each repaired instrument while returning them to SDE

E The repaired instruments shall be returned back to the same SDEExchange

in-charge unless specified otherwise from where these instruments were collected

for repairs

4 Warranty repair

The contractor will undertake quality repair which will ensure the normal

troubledefect free performance of the instruments for a period of 12 months from

the date of inspection and clearance In case the repaired instruments develops

any defect or any deficiency or fault ie it becomes faulty during the warranty

29 Signature of the Contractor

period the contractor shall rectify repair and remedy such defects deficiency in the

repaired instruments at his own cost and expenses

5 A Method of evaluation

Tenders will be evaluated with reference to the total cost worked out by

multiplying rates quoted by Tenderer with approximate number of EPBT amp

CLIP Instruments as shown in the price bid

B Reports

1 The contractor shall furnish a summary of fault found and namedetails of

the components replaced in the instruments repaired while offering them for

inspection

2 The contractor shall also furnish a quarterly analysis of faulty and repaired

batch wise as per Annexure-I

6 Quality of components

The contractor shall use good quality components for repairs of the instruments

The replaced parts should be purchased by the contractor from DOT approved

source s

7 Liquidated damage

1 Delay in collection Rs 5- per instruments per week or part thereof for

entire lot of unserviceable instruments collected delayed subject to a

maximum of Rs 20- per instruments In case timely collection is not don as

per Para 2(B) above

2 Delay in delivery Rs2 per instrument per week or part thereof on the

entire lot of instruments delivered delayed in case delivery not made timely

as per Para 3 above

8 Quantum of EMD and PSD

EMD as per NIT - to be paid either in cash or in form of DDBankerrsquos

ChequePay Order from NationalizedScheduled Bank in favour of Accounts

Officer (Cash) BSNL Oo GMTD ndash Mehsana payable at Mehsana

Performance Security Deposit 10 of estimated cost of tender payable either in cash or DD or in form of Bank guarantee

from Nationalized BankScheduled Bank for a period of 24 months which will be released or refunded after successful

completion of contract and no due pending against contractor 9 Extension of validity of RRC period Period of RRC will normally

be one year However GMTD Mehsana reserves the right to extend it for a further period of six months or one year or part

there of under the same rates and terms and conditions

Estimated cost for the second year or part there of shall be considered same as approved for first year or part

there of on pro-rata basis

30 Signature of the Contractor

10 Eligibility The bidder should have

Experience of repairing of CLIP or EPBT Instruments in DOTBSNLGovt

PSU Private SectorFirm for one year during last five years as per NIT

11 Documents to be submitted with Technical Bid (Qualifying Bid) to establish

their eligibility for bidding

111 Experience certificate (self attested copy) issued by not below the rank of DEAGM in

DOTBSNLGovtPSUPrivate SectorFirm as required under clause 10 above

112 Self attested Copy of registration of firm (not required for proprietorship)

113 For EPF particulars submit the EPF registration certificate if applicable

(If not applicable submit the clarification as to how not applicable and submit

undertaking on Non judicial stamp paper of Rs 50- regarding submission of it within

one month after the agreement with BSNL Mehsana) If the firms which are under

partnership deed Company Pvt Ltd shall have to submit EPF registration certificate

If not obtain they shall have to obtain the earliest and latest by the time of agreement

They shall have to submit necessary undertaking certificate for this in ANNEXURE-

VI

114 Self attested Copy of Registration particulars with Central Excise for Service Tax If

undertaking is given he shall have to submit within one month before agreement failing

which there will be no agreement (If Service tax is not applicable he shall have to

submit reasons as to how it is not applicable)

115 Partnership deed amp power of attorney who has signed the bid (self attested copy) if

applicable

116 Bio-data of Tenderer in ANNAXURE--IV

117 Declaration to be given in ANNEXURE-II A amp II B

12 Rates to be quoted in ANNEXURE-III In Financial Bid to be submitted separately

in sealed cover

13 GMTD Mehsana reserves the rights to terminate RRC for breach of condition

conditions of the agreement after giving a show cause notice of 14 days and after

examination reply if any filled by him pursuance to show cause notice

14 EPF contribution in respect of LabourEmployees employed by the contractor for

execution of works of BSNL if applicable The contractor will have to

fulfillcompliance of the provisions of EPF amp Misc provisions Act1952 amp Employees

provident fund scheme-1952 by the contractor in respect of LaboursEmployees

engaged by them for performing the work of BSNL while submitting the claim of bills

towards works executed by him if applicable he must accompany the

i List showing the details of LaboursEmployees engaged

ii Duration of their engagement

iii The amount of wages paid to such LaboursEmployees for the duration in question

iv Amount of EPF contribution (both employees amp employers contribution) for the

duration of engagement in question paid to the EPF authorities

31 Signature of the Contractor

v Copies of authenticated documents of payments of such contributions to

EPF authorities and a declaration for compliance of EPF Act 1952

15 The BSNL reserves the right to disqualify such bidders who have a record of not

meeting contractual obligation against earlier contracts entered into with the

BSNL MEHSANA

16 Multiple Vendor System -The BSNL Mehsana intends to limit the number

of technically amp commercially responsive bidders to (Maximum three) from

the list of such bidders arranged in increasing order of their evaluated rate

starting from the lowest for the purpose of award of work against this

tender The distribution of quantum of work among the bidders is as per

clause of Section ndash of tender document

ldquoHowever SSA Head Mehsana reserve the right for the award of contract amp

work of entire tendered quantity to the bidder with the lowest evaluated

ratesrdquo

17 NOTE-

Tender documents containing detailed description of work terms amp conditions can be

had from Asstt General Manager (MM) Oo GMTD Mehsana 2nd Floor Admn

Building Sanchar Bhawan Pilaji Ganj Mehsana-384001 between 10=00 hours to

17=00 hours from 26102016 to 17112016 on all working days

Asstt General Manager (MM) Oo GMTD Mehsana ndash 384001

32 Signature of the Contractor

SECTION ndashVI

1 Specification and Tentative Quantum of work for repairing of EPBT amp

CLIP (approximate)

Sr

No

Name of SDE Unit

[Concern Supervising

Authority]

Quantum of Works for Tender for repairing

of EPBT amp CLIP Instruments [In No]

CLIP Inst EPBT

Inst

Buttons

Key

Plan Inst

1 SDE P MEHSANA 750 900 3 5

2 SDE G MEHSANA 225 250 5 0

3 SDE G CHANASAMA 100 0 5 0

4 SDE G CHHATRAL 350 200 0 0

5 SDEP KADI 50 0 0 0

6 SDEG KADI 50 0 0 0

7 SDEP KALOL 750 450 7 0

8 SDEG KALOL 150 50 0 0

9 SDEP VIJAPUR 60 85 2 0

10 SDEG VIJAPUR 75 95 2 0

11 SDEG MNSGZR 50 80 3 0

12 SDEG KUKARWADA 50 75 2 0

13 SDEP VISNAGAR 350 200 5 0

14 SDEG VISNAGAR 150 75 4 0

15 SDEG VADNAGAR 100 25 4 0

16 SDEG SATLASANA 75 40 3 0

17 SDEG KHERALU 100 50 3 0

18 SDEP UNJHA 500 400 3 0

19 SDEG UNJHA 100 113 2 0

20 SDEP SIDHPUR 450 300 3 0

21 SDEG SIDHPUR 200 200 5 0

22 SDEP PATAN 350 150 5 0

23 SDEG PATAN 100 50 5 0

24 SDEG HRJSAMI 100 50 4 0

Total 5235 3838 75 5

33 Signature of the Contractor

SECTION ndashVII

STANDARD SCHEDULE OF RATE (SOR) FOR REPARING OF EPBT

AND CLIP INSTRUMENT IN MEHSANA TELECOM DISTRICT (MEHSANA SSA)

To

GMTD Mehsana

Sub - Our Financial Bid for repairing of EPBT amp CLIP Instruments in Mehsana SSA

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Sir

Having examined the tender documents terms amp conditions specification of work

stipulated there in IWe the undersigned offer our rates in percentage as under

Brief description of items for

Repairing under ARC

Approx Quantity to be

repaired under ARC

SOR Per Instrument

(a) (b) (c)

(1) Repairing of CLIP Telephones

instruments

5235 No Rs 55-

(2) Repairing of Electronics Push

Button Telephones (EPBT)

3838 No Rs 23-

(3) Repairing of Buttons Key

75 No Rs 26-

(3) Repairing of Plan Instruments

5 No Rs 39-

Note- The Quantity of Clip instrument ( 5500) may be consider which AMC will be expired as per given below -

(1) AMC of 1400 PTPL instrument may be expired on 23092016

(2) AMC of 3100 PTPL instrument may be expired on 21012017

(3) AMC of 1000 PTPL instrument may be expired on 25032017

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

34 Signature of the Contractor

ANNEXURE-I

Fault analysis report of instruments of quarter ending

No of faulty

instruments

with

contractor at

the

beginning of

the period

No of faulty instruments

received by contractor

during the quarter

No of faulty instruments

repaired and returned to

Depot officer

CF No of

faulty

instruments

with

contractor

In warranty Out of

warranty

In warranty Out of

warranty

1

2

Nature of Fault

Type No Of instruments

No

dial

tone

Dial

faulty

No

ring

Poor

speechdisturbance

Dead Display

Fault

No fault

foundMisc

In

warrant

Out of

warranty

Repairing carried out

Type Faults in

TransmitterReceiver Ringer Contract

foil

PCB

Fault

Disply No fault

foundMisc

In

warrant

Out of

warranty

35 Signature of the Contractor

ANNEXURE ndashII

DECLARATION

(TO BE SUBMITTED WITH TECHNICAL BID)

IWe hereby declare that IWe have carefully gone through the Terms amp Conditions of

Tender Notice Invited vide No MMTenderMehsana2016-1706 Dated 26102016 in

detail and agree to the rate submitted by MeUs in the rate sheet and IWe agree in full to

abide by them

1) Signature of the Party ___________________________________

Full Name ___________________________________

(In block letter) ___________________________________

2) Full address ___________________________________

___________________________________

___________________________________

___________________________________

Tele No (O)________________________________

(R)________________________________

3) Capacity in which the __________________________________

Tender is signed

Rubber stamp is required) __________________________________

__________________________________

Date Signature of the Tenderer with seal

36 Signature of the Contractor

ANNEXURE ndash IV

DECLARATION REGARDING EPF TO BE GIVEN ON NON-JUDICIAL STAMPS

PAPER OF RS 100-

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

I helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipProprietor of

Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip do here by declare

that I am the proprietor of my above firm I am carrying out the repairing of

EPBT amp CLIP my self I do not engage labour So EPF is not applicable to

me

However the decision of the competent authority shall be binding to me in

this regard

Name of the Bidder

Signature of the Bidder with Seal

37 Signature of the Contractor

ANNEXURE ndash V

Undertaking to be given for compliance of EPF Registration certificate

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

We the partners Directors of the firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Do here by undertake that if our tender is accepted we will submit the EPF Registration

certification at the earliest latest by one month after the agreement carried out with the

BSNL Mehsana for execution of works for repairing of EPBT amp CLIP Instruments in

Mehsana SSA failing which the decision of the competent authority will be binding on us

To be signed by all Partners directors

38 Signature of the Contractor

ANNEXURE ndash VI

LETTEROF AUTHORISATION FOR ATTENDING BID OPENING

Tender Number MMTenderMehsana2016-1706 Dated 26102016

Subject Authorisation for attending bid opening on___________________(date) the

tender of following persons are hereby authorised to attend the bid opening

for the tender mentioned above on behalf of ______________________

(Bidder) in order of preference given below

Order of Preference Name

Specimen Signatures

I

II

Alternate

Representative

Signatures of

bidder

Or

Officer authorised to sign the bid

Documents on behalf of the bidder

No 1 Maximum of two representatives will be permitted to attend bid opening In

case where it is restricted to one first preference will be allowed Alternate

representative will be permitted when regular representatives are not to able

attending

2 Permission for entry to the hall where bids are opened may be refused in case

authorisation as prescribed above is not recovered

39 Signature of the Contractor

ANNEXURE ndash VII

INTEGRITY PACT

Between

Bharat Sanchar Nigam Limited (BSNL) GMTD-Mehsana hereinafter referred to as ldquoThe

Principalrdquo

And

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphereinafter referred to as ldquoThe BidderContractorrdquo

Preamble

The Principal intends to award under laid down organizational procedures contracts for --

----------------------------------------- The Principal values full compliance with all relevant

laws and regulations and the principles of economic use of resources and of fairness and

transparency in its relations with its Bidders and Contractors

In order to achieve these goals the Principal will appoint an Independent External Monitor

who will monitor the tender process and the execution of the contract for compliance with

the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to

observe the following principles -

(a) No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for

or accept for himherself or third person any material or immaterial benefit which heshe

is not legally entitled to

(b) The Principal will during the tender process treat all Bidder(s) with equity and reason

The Principal will in particular before and during the tender process provide to all

Bidder(s) the same information and will not provide to any Bidder(s)

confidentialadditional information through which the Bidder(s) could obtain an advantage

in relation to the tender process or the contract execution

(c) The Principal will exclude from the process all known prejudiced persons

(2) If the Principal obtains information on the conduct of any of its employees which is a

criminal offence under the relevant Anti-Corruption Laws of India or if there be a

substantive suspicion in this regard the Principal will inform its Vigilance Office and in

addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder(s)Contractor(s)

(1) The Bidder(s)Contractor(s) commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation

in the tender process and during the contract execution

(a) The Bidder(s)Contractor(s) will not directly or through any other person or firm offer

promise or give to any of the Principalrsquos employees involved in the tender process or the

40 Signature of the Contractor

execution of the contract or to any third person any material or immaterial benefit which

heshe is not legally entitled to in order to obtain in exchange any advantage of any kind

whatsoever during the tender process or during the execution of the contract

(b) The Bidder(s)Contractor(s) will not enter with other Bidder(s) 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

(c) The Bidder(s)Contractor(s) will not commit any offence under the relevant Anti-

corruption Laws of India further the Bidder(s)Contractor(s) will not use improperly for

purposes of competition or personal gain or pass on to others any information or

document provided by the Principal as part of the business relationship regarding plans

technical proposals and business details including information contained or transmitted

electronically

(d) The Bidder(s)Contractor(s) will when presenting his bid disclose any and all

payments he has made is committed to or intends to make to agents brokers or any other

intermediaries in connection with the award of the contract

(2) The Bidder(s)Contractor(s) will not instigate third persons to commit offences outlined

above or be an accessory to such offences

Section 3 ndash Disqualification from tender process and exclusion from future contracts

If the Bidder(s)Contractor(s) before contract award or during execution has committed a

transgression through a violation of Section 2 above or in any other form such as to put his

reliability or credibility in question the Principal is entitled to disqualify the

Bidder(s)Contractor(s) from the tender process or take action as per the defined procedure

Section 4 ndash Compensation for Damages

(i) If the Principal has disqualified the Bidder(s) from the tender process prior to the award

according to Section 3 the Principal is entitled to demand and recover the damages

equivalent to Earnest Money Deposit Bid Security

(ii) If the Principal has terminated the contract according to Section 3 or if the Principal is

entitled to terminate the contract according to section 3 the Principal shall be entitled to

demand and recover from the Contractor the amount equivalent to Security Deposit

Performance Bank Guarantee in addition to any other penalties recoveries as per terms

and conditions of the tender

Section 5 ndash Previous transgression

(i) The Bidder declares that no previous transgression occurred in the last 3 years with any

other Company in any country conforming to the Anti-corruption approach or with any

other Public Sector Enterprise in India that could justify his exclusion from the tender

process

(ii) If the Bidder makes incorrect statement on this subject he can be disqualified from the

tender process or action can be taken as per the defined procedure

Section 6 ndash Equal treatment of all BiddersContractorsSubcontractors

41 Signature of the Contractor

(i) The principal will enter into agreements with identical conditions as this one with all

BiddersContractors

(ii) The Bidder(s)Contractor(s) undertake(s) to demand from all subcontractors a

commitment in conformity with this Integrity Pact

(iii) The Principal will disqualify from the tender process all bidders who do not sign this

Pact or violate its provisions

Section 7 ndash Criminal charges against violating

Bidder(s)Contractor(s)Subcontractor(s)

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or

of an employee or a representative or an associate of a Bidder Contractor or

Subcontractor which constitutes corruption or if the Principal has substantive suspicion in

this regard the Principal will inform the Corporate Vigilance Office

Section 8 ndash External Independent MonitorMonitors

1 Principal appoints competent and credible Independent External Monitor for this Pact

The task of the Monitor is to review independently and objectively whether and to what

extent the parties comply with the obligations under this agreement

2 The Monitor is not subject to instructions by the representatives of the parties and

performs his functions neutrally and independently He reports to the CMD of the BSNL

3 The Bidder(s)Contractor(s) accepts that the Monitor has the right to access without

restriction to all Project documentation of the Principal including that provided by the

Contractor The Contractor will also grant the Monitor upon his request and demonstration

of a valid interest unrestricted and unconditional access to his project documentation The

same is applicable to Subcontractors The Monitor is under contractual obligation to treat

the information and documents of the Bidder(s)Contractor(s)Subcontractor(s) with

confidentiality

Notwithstanding anything contained in this Section the Bidder(s)Contractor(s) shall have

no obligation whatsoever to provide any internal costing mechanisms or any internal

financial or commercial data pursuant to any audit or review conducted by or on behalf of

the Principal Further the Bidder(s)Contractor(s) shall not be required to provide any data

relating to its other customers or any personnel or employee related date

4 The Principal will provide to the Monitor 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 Principal and the Contractor The parties offer to the

Monitor the option to participate in such meetings

5 As soon as the Monitor notices or believes to notice a violation of this agreement he

will so inform the Management of the Principal and request the Management to

discontinue or take corrective action or to take other relevant action The monitor can in

this regard submit non-binding recommendations Beyond this the Monitor has no right to

demand from the parties that they act in a specific manner refrain from action or tolerate

action

42 Signature of the Contractor

6 The Monitor will submit a written report to the Chairperson of the Board of the Principal

within 8 to 10 weeks from the date of reference or intimation to him by the lsquoPrincipalrsquo and

should the occasion arise submit proposals for correcting problematic situations

7 If the Monitor has reported to the CMD of the BSNL a substantiated suspicion of an

offence under relevant Anti-Corruption Laws of India and the BSNL has not within

reasonable time taken visible action to proceed against such offence or reported it to the

Corporate Vigilance Office the Monitor may also transmit this information directly to the

Central Vigilance Commissioner Government of India

8 The word lsquoMonitorrsquo would include both singular and plural

Section 9 ndash Pact Duration

This Pact begins when both parties have legally signed it It expires for the Contractor 12

months after the last payment under the contract and for all other Bidders 6 months after

the contract has been awarded

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 dischargeddetermined by

CMD BSNL

Section 10 ndash Other provisions

1 This agreement is subject to Indian Law Place of performance and jurisdiction is the

Registered Office of the Principal ie New Delhi The arbitration clause provided in the

tender document contract shall not be applicable for any issue dispute arising under

Integrity Pact

2 Changes and supplements as well as termination notice need to be made in writing

3 If the Contractor is a partnership or a consortium this agreement must be signed by all

partners or consortium members

4 Should one or several provisions of this agreement turn out to be invalid the remainder

of this agreement remains valid In this case the parties will strive to come to an agreement

to their original intensions

------------------------------------ ----------------------------------

For the Principal For the BidderContractor

Placehelliphelliphelliphelliphelliphelliphelliphellip Witness 1 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphellip Witness 2 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

43 Signature of the Contractor

Anexx-VIII

AGREEMENT

This agreement made on thishelliphelliphellip day of helliphelliphellip Yearhelliphelliphelliphellip Between hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphellipHerein after called ldquo The contractorrdquo (which expression shall unless excluded by or

repugnant to the context include its successors heir executors administrative representative and

assignee) of the one part amp the BSNL (GMTD Mehsana) herein after referred to as the BSNL of

other part Tender No MMTenderMehsana2016-1706 Dated 26102016

Where as the contractor has offered to enter with the said BSNL for the contract for repairing of

EPBT amp CLIP Plan instruments amp Buttons Key in Mehsana SSA Mehsana Telecom District on

the terms and conditions herein contained and the rates approved by the BSNL (copy of rates

annexed) have been dully accepted and whereas the necessary security deposit have been furnished

in accordance with the provision of the tender documents and whereas no interest will be claimed

on the security deposit Now these presents witness and it is hereby agreed and declared by and

between the partiesrsquo presents as follows

(1) The contractor shall during the period of this contract that is to say fromhelliphelliphelliphelliphellipTo

helliphelliphelliphellip or completion of work whichever is earlier or until this contract shall be

determined by such notice as is herein after mentioned safely carried out by means of

Labours employed at his own expense and by means of tools implements of equipments

etc to be supplied by him to his Labours at his own expense all work of repairing of

EPBT amp CLIP instruments as described in tender documents (annexed to the agreement)

when the BSNL or any other person authorized by GMTD Mehsana in that behalf require it

is under stood by the contractor that the quantity of work mentioned in the schedule is

likely to change as per actual requirement as demanded by exigencies of service

(2) The Notice Inviting Tender Bid documents (qualifying and financial) letter of intent

approved rates annexed here to and such other additional particulars instructions

drawings work orders as may be found requisite to be given during execution of work

shall be deemed and taken to be an integral part of the contract and shall be deemed to be

included in the expression ldquoThe agreement) or ldquoThe Contractrdquo wherever herein used

(3) The contractor also supplies the requisite number of workmen with means and materials as

well as tools appliances vehicles for transportation cartage etc required for the proper

execution of work within the prescribed in the work orders

(4) The contractor hereby declares that no body connected with or in the employment of the

BSNL is notshall not ever be admitted as partner in the contract

(5) The contractor shall abide by the terms and conditions rules guide lines constructions

particulars safety precautions etc stipulated in the tender documents including any

correspondence between the contractor and the BSNL having bearing on execution of work

and payments of work to be done under the contract

In witness whereof the partiesrsquo presents have here in to set their representative hands and

seals the day and year in

Signed sealed amp Delivered by

The above named contractor in the presence of

Above written

Witness

(1)

(2) Signed and delivered on behalf of BSNL

Witness

(1)

(2)

44 Signature of the Contractor

ANNEXURE-IX - UNDERTAKING

This deed of undertaking executed on this helliphelliphellip day ofhelliphelliphelliptwo thousand andhelliphellip

by (name of sole proprietorpartnerdirectorauthorized representative the firm

company trust society etc)helliphelliphelliphelliphelliphelliphelliphelliphelliphellipSO helliphelliphelliphelliphelliphelliphelliphellip

residing athelliphelliphelliphelliphelliphelliphelliphelliphelliphellipOn behalf of said helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of the firm company Trust Society etc) having its office athelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

and dully authorized to sign file and verify present undertaking by the said hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of Firm company Society etc) in favour of Bharat Sanchar Nigam Ltd a

Government Of India undertaking having its registered office at Statesman

HouseB-148 Barkhamba Road New Delhi and local office at Administrative

Building Sanchar Bhawan BSNL Pilaji Ganj Mehsana-1 here in after called

BSNL (which terms shall mean and include its successors administrators heirs and

assigns Where as MS BSNL invited bids for repairing of EPBT amp CLIP instruments in Mehsana SSA

IWe participated in the bidding process and emerged as successful bidder with respect to tender No

MMTenderMehsana2016-1706 Dated 26102016

IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Acknowledge that IWe have fully under

stood and aware of the terms amp conditions of the Tendercontract and do hereby unequivocally and

unconditionally undertake and declare that

(1) IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip shall comply with all

the rulesRegulationsLawsGovernment instructionsstatus etc that are

applicable will be made applicable and or are aimed to protect the interest of

the workersemployees engaged by meus in the past and during the course of

performance of the contract with BSNL

(2) IWe shall fully protect indemnity and hold harmless BSNL and its employees

officers Directors agents judgments damages fines penalties and costs

(including legal costs and disbursements) arising from or relating to

Any breach violation of any direction order from any governmental

authority any provisions of the labour laws or any other laws status or

regulations that are or will be aimed to protect the interest of the

workersLabours engaged by the contractors in past and during the

course of this contract

OR

Any other payments claims or liability that may arise for ensuring

compliance of the provisions of any of the labour laws or any other laws

etc OR

Any other claim made by any third party in connection with any violation

of any laws guide lines instructions etc

In witness whereof this undertaking has caused on thehelliphelliphelliphelliphelliphellip

DayhelliphelliphelliphelliphellipMonth ofhelliphelliphellip Year

Date

Place

Signature

Name

Designation

Witness 1 2helliphelliphellip

45 Signature of the Contractor

ANNEXURE-X

E-Tendering Instructions to Bidders

These Special Instructions (for e-Tendering) supplement lsquoGeneral instructions to Biddersrsquo as enclosed in Section IV of this E-Tender Document Wherever there is a conflict the provisions herein shall prevail over those in other pages of this document

Submission of Bids only through online process is mandatory for this Tender

For conducting electronic tendering BSNL Mehsana is using the portal

(httpeprocurementsynisecombsnl1gujarat) of Ms Synise Technologies ltd Pune A - Submission of tender

1 The bidding process will be accepted only through e-tendering platform 2 Availability of e-tendering document e-tender document can be obtained by

downloading it from the website httpeprocurementsynisecombsnl1gujarat the

physical copy of the Tender document would not be available for sale

3 The Tender document shall not be available for download on its submissionclosing date B - General 1 Tender Bidding Methodology

Sealed Bid System ndashldquoSingle Stage using two envelopsrdquo

In this case of two envelope system Financial amp Techno-commercial bids shall be

submitted by the bidder at the same time

2 Broad outline of activities from Bidders prospective

1 Procure a Digital Signing Certificate (DSC)

2 Register on Electronic Tendering System (RETS)

3 Create Users and assign roles on ETS

4 View Notice Inviting Tender (NIT) on ETS

5 Download Official Copy of Tender Documents from ETS

6 Clarification to Tender Documents on ET Query to BSNL (Optional)

View response to queries posted by BSNL as addenda

7 Bid-Submission on ETS

8 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Techno-commercial Part

9 View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond to BSNLrsquos Post-TOE queries

10 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Financial-Part (Only for Technical Responsive Bidders)

For participating in this tender online the following instructions need to be read

carefully These instructions are supplemented with more detailed guidelines on

the relevant screens of the ETS

3 Digital Certificates

For integrity of data and its authenticity non-repudiation of electronic records and be compliant with IT Act 2000 it is necessary for each user to have a Digital Certificate (DC) also referred to as Digital Signature Certificate (DSC) of Class 2 or above issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer httpwwwccagovin]

4 Registration

To use the Electronic Tenderreg portal ( httpeprocurementsynisecombsnl1gujarat) vendor needs to register on the

46 Signature of the Contractor

portal Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e-tendering activities In ETS terminology this person will be referred to as the Super User (SU) of that organization For f u r ther details

p lease v is i t the websiteportal and follow further instructions as given on the site You may also contact tender wizard Helpdesk (as given below) to get your registration acceptedactivated Tender wizard Helpdesk

Telephone 020-30277517 020-30277522020-30277516

[between 1000 hrs to 1800 hrs on working days]

Mobile Nos Mr Hiren Pandar 7774013247 7774013248

E-mail ID helpdesksynisecom [Please mark CC

hirenpsynisecom]

BSNL Contact-1

BSNLrsquos Contact Person AGM MM Mehsana

Telephone Mobile (02762-220855222900)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID agmmmmehbsnlin

BSNL Contact-2

BSNLrsquos Contact Person SDE MM-Mehsana

Telephone Mobile (02762-221855)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID mehsdemm2bsnlin 5 Bid related Information for this Tender (Sealed Bid)

The entire bid-submission would be

online on ETS Broad outline of

submissions are as follows

Submission of digitally signed copy of Tender DocumentsAddendumaddenda

Two Envelopes

Techno-commercial -Part

Financial-Part

Note -

i) If some document is not applicable for the bidder then he has to upload

scanned copy of paper mentioning ldquoThe document ltNamegt called vide

clause helliphelliphelliphelliphelliphelliphellip is not applicable on usrdquo

ii) If document asked for contains more than one page then all those pages may be uploaded in one PDF format file

iii) Please take care to scan documents such that the total size of

documents to be uploaded remains minimum However it shall be sole

responsibility of bidder that the uploaded documents remain eligible

6 Offline Submissions

The bidder is requested to submit the following documents offline to AGM (MM) 2nd Floor Sanchar Bhawan Pilaji Ganj Mehsana-384001 on or before the date amp

time of submission of bids specified in covering letter of this tender

47 Signature of the Contractor

document in a Sealed Envelope The envelope shall bear (name of the tender) the tender number and the words lsquoDO NOT OPEN BEFORErsquo (due date amp time)

1 EMD-Bid Security in Original

2 DD Bankers cheque against payment of tender fee

3 Power of attorney (if applicable) Note The bidder has to upload the Scanned copy of all above said documents during

online Bid submission also

7 Special Note on Security of Bids

Security related functionality has been rigorously implemented in ETS in a multi-dimensional manner Starting with Acceptance of Registration by the Service Provider provision for security has been made at various stages in Electronic Tenderrsquos software Security related aspects as regard Bid Submission are outlined below

As part of the Electronic Encryptertrade functionality the contents of both the lsquoElectronic Formsrsquo and the lsquoMain-Bidrsquo are securely encrypted using a Pass-Phrase created by the Bidder himself Unlike a lsquopasswordrsquo a Pass-Phrase can be a multi-word sentence with spaces between words (eg I love this World) A Pass-Phrase is easier to remember and more difficult to break It is recommended that a separate Pass-Phrase be created for each Bid-Part This method of bid- encryption does not have the security and data-integrity related vulnerabilities which are inherent in E-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid- encryption Bid-encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE) even if there is connivance between the concerned tender- opening officers of the Buyer organization and the personnel of e-tendering service provider

Typically lsquoPass-Phrasersquo of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself when demanded by the concerned Tender Opening Officers who will open the bid Else Tender Opening Officer may authorize the bidder to open his bid himself There is an additional protection with SSL Encryption during transit from the client-end computer of a Supplier organization to the e-tendering server portal

8 Public Online Tender Opening Event (TOE)

ETS offers a unique facility for lsquoPublic Online Tender Opening Event (TOE)rsquo Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices For this purpose representatives of bidders (ie Supplier organization) dully authorized are requested to carry a Laptop and Wireless Connectivity to Internet Every legal requirement for a transparent and secure lsquoPublic Online Tender Opening Event (TOE)rsquo has been implemented on ETS As soon as a Bid is decrypted with the corresponding lsquoPass-Phrasersquo as submitted online by the bidder himself (during the TOE itself) salient points of the Bids are simultaneously made available for downloading by all participating bidders The work of taking notes during a manual lsquoTender Opening Eventrsquo is therefore replaced with this superior and convenient form of lsquoPublic Online Tender Opening Event (TOE)rsquo ETS has a unique facility of lsquoOnline Comparison Chartrsquo which is dynamically updated as each online bid is opened The format of the chart is based on inputs provided by the Buyer for each Tender The information in the Comparison Chart is based on the data submitted by the Bidders in electronic forms A detailed Technical and or Financial Comparison Chart enhances Transparency Detailed instructions are given on relevant screens

48 Signature of the Contractor

ETS has a unique facility of a detailed report titled lsquoMinutes of Online Tender Opening Event (TOE)rsquo covering all important activities of lsquoOnline Tender Opening Event (TOE)rsquo This is available to all participating bidders for lsquoViewing Downloadingrsquo

There are many more facilities and features on ETS For a particular tender the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer

NOTE In case of internet related problem at a bidderrsquos end especially during lsquocritical

eventsrsquo such as ndash a short period before bid-submission deadline during online

public tender opening event etc it is the bidderrsquos responsibility to have backup

internet connections In case there is a problem at the e- procurement

service-providerrsquos end (in the server leased line etc) due to which all the

bidders face a problem during critical events and this is brought to the notice

of BSNL by the bidders in time then BSNL will promptly re-schedule the

affected event(s)

9 Other Instructions

For further instructions the vendor should visit the home-page of the portal

( httpeprocurementsynisecombsnl1gujarat) and go to the User-Guidance Center The help information provided through lsquoETS User-Guidance Centerrsquo is available in three categories ndash

Users intending to Register First-Time Users Logged-in users of Buyer organizations and Logged-in users of Supplier organizations Various links are provided under each of the three categories Note It is strongly recommended that all authorized users of Supplier

organizations should thoroughly peruse the information provided under the

relevant links and take appropriate action This will prevent hiccups and minimize

teething problems during the use of ETS

The following lsquoFOUR KEY INSTRUCTIONS for BIDDERSrsquo must be assiduously adhered to

1 Obtain individual Digital Signing Certificate (DSC or DC) well in advance of

your first tender submission deadline on ETS

2 Register your organization on ETS well in advance of your first tender submission deadline on ETS

3 Get your organizationrsquos concerned executives trained on ETS well in advance of your first tender submission deadline on ETS

4 Submit your bids well in advance of tender submission deadline on ETS as

there could be last minute problems due to internet timeout breakdown etc

While the first three instructions mentioned above are especially relevant to first-time users of ETS the fourth instruction is relevant at all times

10 Minimum Requirements at Bidders end

Computer System with good configuration (Min P IV 1 GB RAM Windows XP)

Broadband connectivity

Microsoft Internet Explorer 60 or above

Digital Certificate(s) for users

49 Signature of the Contractor

ANNEXURE-III

RATE SHEET

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Rate should be quoted in below Rate Sheet

Sr

No

Rates Quoted By Bidder With Respect to SOR (Schedule Of Rate)

Particulars In Figure In Words

1 Above Of SOR

2 Below Of SOR

3 AT PAR

[At Same Rates of SOR]

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

Signature of the Bidder with Seal

Note

1 All faulty instruments are to be repaired except fully broken or fully burnt due to

electric hazards

2 The work may be offered to more than one contractor if required

Signature of the Tenderer with seal

Full Name _____________________

Full Address________________________

  • TABLE OF CONTENTS
    • CERTIFICATE REGARDING NEAR RLATIVES
      • LETTEROF AUTHORISATION FOR ATTENDING BID OPENING
      • Signed sealed amp Delivered by
      • Above written
        • ANNEXURE-IX - UNDERTAKING

12 Signature of the Contractor

the contract documents The contractor shall throughout the stipulated period of the

contract execute the work in the best contract substantial workmanlike manner and both as

regards manuals and otherwise in respect in strict accordance with the contract documents

or such other additional particulars instruction and drawing as may be found requisite to

be given during execution of the work in force good order among his employees and shall

not employ on the works any unfit person or anyone not capable or not properly qualify to

properly perform the work assigned to him The contractor shall also not employ in respect

of the work or discontinue to employ in respect of the works any employee that the

GMTD MEHSANA SDE may for any reason object to

5 SUB CONTRACTORS

51 The contractor shall not assign subcontract or sublet the whole or any part of the

works covered by the contract or any benefit thereof without the prior written approval of

the GMTD MEHSANA Copies of all agreements entered into with any permitted or sub

contracts including rates for item of work sub-contracted shall be furnished to obtain in

writing prior approval of the GMTD MEHSANA in this behalf before the sub-contract or

the agent or the assignee as the case may be allowed to do work under the contract

52 The GMTD MEHSANA reserves the right to refuse or permit any person or

organization or sub-contractor to particulars in the works covered by the contract The

assignment or sub-contracting or subletting of any such work if permitted by the GMTD

MEHSANA shall not relieve the contractor of any of his liabilities and responsibilities

hereunder the intention being that notwithstanding any assignment or subletting or sub-

contracting the contractor shall be and remain primarily and principally liable to the

Company in terms hereof and for the due fulfillment of the contracted works any assignee

or sub-contractor being regarded merely as the agency of the contractor

53 Each assignee and sub-contractor shall be covered by the contract documents and shall

perform the work which he takes up in accordance with The Company will have the same

privileges and rights with respect to the inspection of work of assignees or sub-contractors

as are provided for under the contract documents governing the work of the contract

54 The contractor shall indemnify and save harmless the Company from and against all

actions suits proceedings loses costs damages charges claims and demands whatsoever

either in law or in enquiry and all costs (inclusive between attorney and client) and charges

and expenses that the Company may sustain suffer or incur arising from or out of or

incidental (to in connection with any act or commission) of the contractor his agent

employee assignee or sub contractor The provision shall also apply to the sub-contractor

or assignee as the case may be

6 REPRESENTATIVE OF THE COMPANY

The Company shall be represented by the GMTD who will be in charge of the work

The Company representative in works site shall be the designated officials or such other

representative as the GMTD MEHSANA may from time to time designate in writing

Notice given in writing by the designated official or GMTD shall be deemed to be

notices given by the Company to the contractor The designated official and such other

representative as GMTD may designate in writing shall be deemed to be authorized

officer to represent the Company in respect of the work of any designated section any

decision agreement or instructions in writing by the Company representative as aforesaid

which is within his powers shall be binding on the contractor

13 Signature of the Contractor

7 REPRESENTATIVE OF CONTRACT

The contractor shall furnish to the Company the scheme of his intended organization and

nominated representative to whom the Company representative can make known decisions

authorizations and interpretations The contractor shall within 10 days after the execution

of the contractagreement notify the Company the name(s) and address(s) of the

representative(s) along with the specimen signature Any change in name and address of

any representative notified aforesaid should be promptly intimated in writing to the

Company Notices given in writing to the representative shall be deemed to be notices

given to contractor This representative shall be fully authorized to represent contractor on

matters involving more than one section of work notification in respect of whom shall

likewise be given to the Company and who shall likewise be the contractors representative

in terms aforesaid

8 INTERPRETATION OF THE CONTRACT DOCUMENTS

The GMTD MEHSANA and the contractor shall in so far as possible by mutual

consultation try and decide upon the meaning and intent of the contract documents In case

of disagreement the dispute will be referred to the sole Arbitrator as provided in the

contract Any change in the contract document shall be set forth in writing by the

representative of the parties hereto It shall be the contractorsrsquo responsibility to thoroughly

familiarize all of his supervisory personnel with the contents of all the contract documents

9 CHANGES EXTRA WORK amp QUANTUM OF WORK

91 Change used herein means a substitution for omission of any work or other

requirement within general scope of the work the performance of the compliance with

which is contemplated by the contract documents

92 Extra work as used herein means any works of compliance with any requirement

other than a change which is not expressly or implied contemplated by the contract

documents and which is necessary to be performed for the proper completion of the

contracted work For the purpose of clarification it is declared that any work or operation

which shall be necessarily incidental to the proper performance of any item of work or part

thereof shall be deemed to have been by implication provided for in the relevant item of

work or part thereof and shall not constitute extra work

93 The GMTD MEHSANA may at his absolute discretion make change in the work

provided for in the contract documents including the commencement of the work and may

require the performance of extra work by the contractor

94 The contractor shall not undertake or make any change or do any work under this

contract unless he has received written instructions from the representative of the

Company

95 The contractor shall not be entitled to any compensation in addition to the contract

price for the performance of any work not envisaged under the contract unless prior to the

performance of such work he has received from the designated official in written

authorization for performance such work

96 For Extra work within the scope of this contract the contractor will receive extra

compensation on the basis of a lump sum unit price as may be agreed upon in advance

between the GMTD MEHSANA and the contractor

14 Signature of the Contractor

97 (a) in cases of such of the works where interpolations of the rates are possible such

rates shall be accepted by both the parties

(b) If the altered additional or substituted work includes any work for which no rates are

specified in the contract for the work can be derived from similar class of work in the

contract than such work shall be carried out at the rate determined by the designated

official on the basis of the prevailing market rates where the work was done

(c) If the rates for the altered additional or substituted work cannot be determined in the

manner specified above then the contractor shall within 7 days of the date of receipt of

order to carry out the work inform the Designated official of the rate which it is his

intention to charge for such class of work supported by analysis of the rate or rates

claimed and the designated official shall determine the rates on the basis of prevailing

market price and pay the contractor accordingly However the Designated official by

notice in writing will be at liberty to cancel his order to carry out such class of work and

arrange to carry it out in such manner as he may consider advisable

98 The quantum of work mentioned in the tender is approximate and subject to vary

However for evaluation purpose the quantum as mentioned in the tender will only be taken

into account

910 The quantum of works (Estimated Cost) of the tender is purely tentative and it can

vary as per requirement of BSNL Mehsana and so successful contractor may not

challenge to BSNL Mehsana in respect to the works of this tender

911 The estimated cost or quantum of work may vary on the basis of actual requirement at

the discretion of GMTD Mehsana limited to + 25 without any change in approved rates

terms amp conditions of contract

10 QUALITY OF WORK

The Company shall be the final judge of the quality of the work and the satisfaction of

the standards in respect thereof set forth in the contract documents Laxity or failure to

enforce compliance with the contract documents by the Company and or its

representative shall not manifest a change or intent or waiver the intention being that

notwithstanding the same the contractor shall be and remain responsible for complete and

proper compliance with the contract documents and the specification therein The

GMTD MEHSANA has the right to prohibit the use of men and any tools materials or

equipments which in his opinion do not produce work or performance meet the

requirement of the contract documents

1l PROTECTION OF WORK

The contractor shall be responsible for all materials equipment furnished or supplied by

the company while in the contractors custody

12 NOTIFICATION

The contractor shall give in writing to the proper person or authority with a copy to the

GMTD MEHSANA such notification as may be mandatory or necessary in connection

with the commencement suspension resumption performance and or completion of the

contracted work All notices shall be given sufficiently in advance of the proposed

operation to permit proper correlation of activities and the contractor shall keep all proper

persons or authority involved regularly advised of the progress or operation through out the

performance of the work together with such other information and or supporting figures

15 Signature of the Contractor

and data as may from time to time as directed or required

13 DELAY IN EXECUTION OF WORK

The Company will make every reasonable effort to furnish the materials required to be

furnished by it under the contract and right of user including the permit required to be

furnished by the Company under the contract and made available in due time so as not to

delay execution of the work The Company will however not be liable to the contractor for

any losses or damages costs charges or expenses that the contractor may in any way

sustain suffer due to delay in making the above available However an extension in time

schedule may be admitted on the above reason

14 SHUT DOWN ON ACCOUNT OF WEATHER CONDITIONS

The contractor shall not be entitled to any compensation whatsoever by reason of

suspension of the whole or any part of the work made necessary by the Company or

deemed advisable on account of bad weather conditions or other unavoidable conditions

15 SECURITY DEPOSIT amp EARNEST MONEY DEPOSIT

EMD (Bid Security) is Rs 9458- amp Performance Security Deposit (PBG) is 10 of

Estimated Tender Cost

151 The security deposit or a part thereof or such balance thereof if any as may remain

after deduction there from in respect of any outstanding bills of the contractor to the

Company shall be paid back to the contractor after termination of contract on expiry of

contract period The contractor shall remain liable to the Company in respect of any

shortfall or discharge of liabilities notwithstanding return of security deposit or any part

thereof The security deposit is required to protect the company against the risk of the

tendererrsquos conduct and breach of contract in which case it would be forfeited without

prejudice to any other action that the company may take against the contractor

152 No interest will be payable on the earnest money or the security deposit or amount

payable to the contractor under the contract

153 Tenderer shall furnish as part of his bid a bid security (Earnest Money Deposit) for a

specified amount The Tenderer (Small scale Units) who are registered with National

Small Scale Industries Corporation under Single Point Registration Scheme are exempted

from bid security (Earnest Money Deposit) up to the amount equal to their monetary limit

In case of Tenderer having monetary limit as no limit the exemption will be limited to Rs

5000000- (Rs Fifty lakhs) only as per the existing policy of Company A proof regarding

current registration with NSIC for the Tendered Item will have to be attached along with

the bid

154 The bid security (Earnest Money Deposit) is required to protect the company against

the risk of tenderers conduct which would warrant the EMD forfeiture pursuant to Para

159

155 The bid security (Earnest Money Deposit) shall be in the form of cash or a Demand

DraftBankerrsquo chequePay order from any NationalizedSchedule Bank payable at

MEHSANA in favour of the AO (cash) BSNL Oo GMTD MEHSANA Payment in any

other form is not acceptable Any Small Scale Industry Firm claiming exemption from the

payment of bid security (Earnest Money Deposit) should submit the copy of the current

registration with National Small Industries Corporation (NSIC) for the tendered items No

16 Signature of the Contractor

interest on bid securityEMD payable

156 A Bid not secured in accordance with Para 153 amp 155 shall be rejected by the

company

157 The bid security (Ernest Money Deposit) of the unsuccessful bidder will be discharged

returned as promptly as possible and no claim whatsoever in this respect would be

entertained

158 The successful bidderrsquos bid security (Earnest Money Deposit) will be returned after

the bidderrsquos acceptance of the tender amp performance security deposit

159 The bid security (Earnest Money Deposit) will be forfeited

a) If the Tenderer withdraws his bid during the period of bid validity specified by

the Tenderer on the Bid form Rate sheet Price Bid or

b) In the case of a successful Tenderer if the bidder fails

i) to sign the Agreement contract amp

ii) to furnish Security Deposit

1510 The performance security deposit (PSD) deposited by the successful bidder in the

form of Cash or in PBG will be released after successful completion of contract and no due

pending against him

16 INSPECTIONS AND TESTING

The GMTD MEHSANA or his representative or any of the officers shall have free

access to the work site at all time for inspection The contractor shall render to the

representative of the company all possible assistants and facilities for the purpose

17 ASSESSMENTS PERMITS LICENCES AND OTHER FACILITIES

17l The contractor shall obtain provide at his own cost all assessments permits and

licenses necessary to do its work

172 The contractor shall be responsible for obtaining at his expense such licenses

permitfacilities as are necessary for the contractor to operate and do business in the

republic of India and in the state in which the work is to be performed

173 The contractor will not be entitled to extra compensation for hardship and increase in

cost Some cases may necessitate special method of execution of work and such

contingency shall deemed to have been provided for in the rates

18 PROTECTION OF LIFE AND PROPERTY AND EXISTING FACILITIES

181 The contractor is fully responsible for taking all possible safety precautions during

preparation for and actual performance of the work

182 The contractor shall undertake to indemnify and keep indemnified the Company from

and against all actions cause of actions damages claims and demand whatsoever either in

law or in inquiry and all losses and damages and costs (inclusive between attorney and

client) charges and expenses in connection there with and or incidental thereto The

contractor shall take all responsibility and risk in the execution of the work

183 It shall be the responsibility of the contractor to see that his employees or any other

person does not misbehave with anybody in company

17 Signature of the Contractor

19 INDEMNITIES

191 The contractor shall at all time hold the Company harmless and indemnify from

against all actions suits proceeding work cost damages charge claims and demand of

every nature and description brought or procured against the Company its officer and

employee and forth with upon demand and without pretest or demur to pay to the

Company any and all losses and damages and cost (inclusive between attorney and client)

and all costs incurred in endorsing this or any other indemnities or security which the

Company may now or at any time have related to the work or the contractors obligations

or in protecting or endorsing its right in any suit or other legal proceeding charges and

liabilities resulting from or incidental or in connection with injury disease or disablement

or death of any person (s) including employee of the contractor or damage to the property

resulting from or arising out of or in any way connected with or incidental to the operator

cause by the contractor documents In addition the contractor shall reimburse the Company

or pay to the Company forthwith on demand without protest or demure all costs charges

and expenses and losses and damages otherwise incurred by it in consequence of any

demands and actions which may be brought against the Company arising out of or

incidental or in connection with the operation covered by the contractor

192 The contractor shall at his own cost at the Company request defend any suit or other

proceeding asserting a claim covered by this indemnity but shall not settle compound or

compromise such suit or other finding without first consulting the Company

20 COMPLIANCE WITH LAW AND REGULATIONS

201 During the performance of the work the contractor shall at his own cost and initiative

fully comply with all applicable law of the land and with any and all applicable by-laws

rules regulations and orders and any other provision having in forces of any Company

Company agencies or department municipal board Company or other regulatory or

authorized body of person and shall provide all certificate of compliance therewith as may

be required by such applicable law by-law rules regulation orders or provision The

contractor shall assume full responsibility for the payment of all contributions and pay roll

taxes as to its employee servants or agent engaged in the performance of the work

specified in the contract documents The contractor require any assignee or sub-contractor

to whom any portion of the work to be performed hereunder may be assigned subleased

or sub-contracted to comply with the provision of the clause and in this connection the

contractor agrees as to undertake to save and hold the Company harmless and indemnified

from and against anyall penalty actions suits losses and damages claims and demands

and cost (inclusive between attorney and client) charges and expenses whatsoever arising

out of occasioned indirectly or directly by failure of the contractor or any assignee or

sub-contractor to make full and proper compliance with the said by-laws rules regulation

law and order and provision as aforesaid

202 Subject to the provisions of the contractor labour (Abolition and regulation Act

1970) the contractor shall not commence actual work unless he produces a receipt from

the concerned licensing authority that he has applied for licensees from the prescribed

licensing authority which may be produced within the period of 15 days or commencing

the work

203 Contractor will have to carry out the work under the rules and regulation of Labour

Act

18 Signature of the Contractor

21 OPTIONAL TERMINATION BY COMPANY (OTHER THAN DUE DEFAULT OF

CONTRACTOR)

211 The Company may at any time at its option cancel and terminate this contract by

written notice to the contractor in which event the contractor shall be entitled for payment

for the work done upto the time of such cancellation

212 In the event of the termination of the contract the contractor shall forthwith hand over

possession of the EPBT amp CLIP Concerned to the company or as the company may direct

213 The Company may at its option cancel or omit the execution of one or more items

of work under this contract and any part of such item(s) without any compensation

whatsoever to the contractor

22 TAXES AND DUTIES

Contractor shall pay all rates levies fees royalties taxes and duties except service tax

payable or arising from out of by virtue of or in connection withor incidental to the

contract or any of the parties in terms of the contract documents andor in respect of the

works or operation(s) or any part thereof to be performed by the contractor and the

contractor shall indemnify and keep indemnified the company from and against the same

or any default by the contractor in the payment thereof other taxes imposed by the

Government will be borne by the contractors Service tax will be paid by BSNL provided

that service tax particulars supplied amp claimed in bills

23 BREACH OF CONTRACT

The Designated officialnominated representative may without prejudice to his right

against the contractor in respect of any delay or inferior workmanship or otherwise or to

any claims of damage in respect of any breaches of the contract and without prejudice to

any rights or remedies under any of the provisions of this contract or otherwise and

whether the date for completion has or has not elapsed by notice in writing absolutely

determine the contract in any of the following cases -

(i) If the contractor having been given by the designated official nominated

representative a notice in writing to rectify reconstruct or replace any defective work or

that the work is being performed in any inefficient or otherwise improper or un work

manlike manner shall omit to comply with the requirements of such notice for a period of

fifteen days thereafter or if the contractor shall delay or suspend the execution of the work

so that either in the judgment of the Designated official (which shall be final and binding)

he will be unable to secure completion of the work by the date for completion or he has

already failed to complete the work by that date

(ii) If the contractor being a company shall pass a resolution or the court shall make an

order that the company shall be wound up or if a receiver or a manager on behalf of a

creditor shall be appointed or if circumstances shall arise which entitle the court or creditor

to appoint a receiver or a manager or which entitle the court to make a winding up order

(iii) If the contractor commits breach of any of the terms and conditions of this contract

(iv) If the contractor commits any acts mentioned in clause thereof

24 When the contractor has made himself liable for action under any of the aforesaid

19 Signature of the Contractor

clauses the Designated official on behalf of the company shall have powers -

(a) To determine or rescind or terminate the contract as aforesaid (of which termination

or rescission notice in writing to the contractor under the hand of the Designated

officialnominated representative shall be conclusive evidence) Upon such determination

or rescission the Security deposit of the contractor shall be liable to be forfeited and shall

be absolutely at the disposal of Company Notice for period of 15days will be received

from the date of issue of notice

(b) To employ other agency paid by the company and to supply materials to carry out the

works or part of the work debiting the contractor with the cost of the work and the price of

the materials (of the amount of which cost and price certified by the Designated official

shall be final and conclusive against the contractor) and crediting him with the value of the

work done in all respects in the same manner and the rates as if it had been carried out by

the contractor under the terms of the contract The certificate of the GMTD-MEHSANA as

to the value of the work done shall be final and conclusive against the contractor provided

always that action under the sub-clause shall only be taken after giving notice in writing to

the contractor Provided also that if the expenses incurred by the company are less than the

amount payable to the contractor at his agreement rates the difference should not be paid

to the contractor

(c) After giving notice to the contractor to measure up the work of the contractor and to

take such part thereof as shall be unexecuted out of his hands and to give it to another

contractor to complete in which case any expenses which may be incurred in excess of the

sum which would have been paid to the original contractor if the whole work has been

executed by him (of the amount of which excess the certificate in writing of the Designated

official shall be final and conclusive) shall be borne and paid by the original contractor and

may be deducted from any money due to him by company under this con tract or on any

other account whatsoever or from his security deposit or the proceeds of sales thereof or a

sufficient part thereof as the case may be

25 In the event of any one or more of the above courses being adopted by Designated

official the contractor shall have no claim to compensation for any loss sustained by him

by reason of his having purely leased or procured any materials or equipment or entered

into any agreement or made any advances account or with a view to the execution or the

work or the performance of the contract and in case action is taken under any of the

provisions aforesaid the contractor shall not be entitled to recover or be paid any sum for

any work thereto or actually performed under this contract unless and until Designated

official has certified in writing the performance of such work and the value payable in

respect thereof and he shall only be entitled to be paid the value so certified

26 In any case in which any of the powers conferred upon the Designated official by

clause 24 thereof shall have become exercisable and the same shall not be exercised the

non exercise thereof shall not constitute a waiver of any of the conditions hereof and such

powers shall notwithstanding be exercisable in the event of any future case of default by

the contractor and the liability of the contractor for compensation shall remain unaffected

In the event of the Designated official putting in force all or any of the powers vested in

him under the proceeding clause he may if he so desires after giving a notice in writing to

the contractor take possession of (or at the sole discretion of the Designated official which

shall be final) use as on hire (the amount of the hire money being also in the final

determination of the Designated official) all or any tools materials and stores in or upon

the works or the materials belonging to the contractor or procured by the contractor and

20 Signature of the Contractor

intended to be used for the execution of the contract or any part thereof paying or

allowing for the same amount at the contract rates or in the case of these not being

applicable at current market rates to be certified by the Designated official whose

certificate thereof shall be final otherwise the Designated official by notice in writing may

order the contractor or his clerk of the works foremen or other authorized agent to remove

such tools plants materials stores from the premises (within and time to be specified to

comply with any such requisition the Designated official may remove them all at

contractors expense or sell them by auction or private sale on account of the contractor and

it his risk in all respects and the certificate of the Designated official as to the expense of

any such removal and the amount of the proceeds and expenses of any such sale shall be

final and conclusive against the contractor

27 If the contractor shall desire an extension of time for completion of the work on the

grounds of his having been unavoidably hindered in its execution or on any other ground

he shall apply in writing to the Designated official within seven days of the date of

hindrance on account of which he desired such extension as aforesaid and the Designated

official shall if in his opinion (which shall be final) reasonable grounds be shown

therefore authorize such extension of time if any as may in his opinion be necessary or

proper

28 If at any time after the commencement of the work the company for any reason

whatsoever not require the whole thereof as specified in the tender to be carried out the

Designated official shall give notice in writing of the fact to the contractor who shall have

no claim to any payment of compensation whatsoever on account of any profit or

advantage which he might have derived from the execution of the work in full but which

he did not derive in consequence of the full amount of the work not having been carried

out neither shall he have any claim for compensation by reason of any alterations having

been made in the original specifications drawings designs and instructions which shall

involve any curtailment of the work as originally contemplated

29 INSPECTION

All work under or in course of execution or executed in pursuance of the contract shall at

all times be open to the inspection and supervision of the Designated official and his

authorized subordinates and the contractor shall at all times during the usual working hours

and at all other times at which reasonable notice of the intention of the Designated official

or his subordinate visit the works shall have been given to the contractor either himself be

present to receive order and instructions or have a responsible agent duly a credited in

writing present for that purpose Orders given to the contractors agent shall be considered

to have the same force as if they had been given to the contractor himself

30 WORKMENS COMPENSATION

In every case in which by virtue of the provisions of section 12 sub-section

(i) of the workmenrsquos compensation Act 1923 Company is obliged to pay compensation to

a workman employed by the contractor in execution of the works Company will recover

from the contractor the amount of the compensation so paid and without prejudice to the

rights of the Company under section 12 Sub section

(ii) of the said Act Company shall be at liberty to recover such amount or any part thereof

by deducting it from the security deposit or from any sum due by the company to the

contractor whether under this contract or otherwise Company shall not be bound to contest

21 Signature of the Contractor

any claim made against it under section-12 subsection (i) of the said Act except on the

written request of the contractor and upon his giving to company full security for all costs

for which Company might become liable in consequence of contesting such claim

31 LABOUR WELFARE

311 In every case in which by virtue of the provisions of the contract Labour (Regulation

and Abolition) Act 1970 and of the contract labour (Regulation and abolition) Central

Rules 1971 Company is liable to pay any amounts of wages to a workman employed by

the contractor in execution of the works or to incur any expenditure in providing welfare

and health amenities required to be provided under the above said Act and the Rules under

clause 19 to 19 J and 20 of PWD-8 or under the CPWD Contractors Labour

Regulations or under the Rules framed by Government from time to time for the

protection of health and sanitary arrangements for workers employed by CPWD

contractors company will recover from the contractor the amount of wages so paid or the

amount of expenditure so incurred and without prejudice to the right of the Government

under section 20 sub-section (ii) and section 21 sub-section (4) of the contractor Labour

(Regulation and Abolition) Act 1970 company shall be at liberty to recover such amount or

any part thereof by deducting it from the security deposit or from any sum due by the

company to the contractor whether under this agreement or otherwise company shall not

be bound to contest any claim made against it under section 20 except on the written

request of the contractor and upon his giving to the company full security for all costs for

which Government might become liable in contesting such claim

312 The contractor shall obtain a valid licence (If required depending upon the number of

persons engaged and the nature of the work intended) under the contract Labour (RampA)

Act 1970 and the contract labour (R amp A) Central Rules 1971 before the commencement

of the work and continue to have a valid license until the completion of the work

313 Any failure to fulfill this requirement shall attract the penal provisions of this

contract arising out of the resultant non-execution of the work

314 No person below the age of (18) eighteen years shall be employed on the work

32 FAIR WAGES

(a) The contractor shall pay to persons employed by him either directly or through sub-

contractor wages not less than fair wages as defined in the CPWD Contractors Labour

(Regulations and Abolition) Act 1970 and the contract labour (Regulation and Abolition)

Central Rules 1971 wherever applicable

(b) The contractor shall notwithstanding the previsions of any contract to the contrary

cause to be paid fair wages to persons indirectly engaged on the work including any

labour engaged by his sub contractor in connection with the said work as if the labour had

been immediately employed by him

(c) The General Manager Telecom District MEHSANA or his subordinate officer

concerned shall have the right to deduct from the money due to the contractor any sum

required or estimated to be required for making good the loss suffered by a worker or

workers by reasons of non-fulfillment of the conditions of the contract for the benefit of

the workers non payment of wages or of deduction made from his or their wages are not

justified by their terms of the contract or non-observance of the Regulations

22 Signature of the Contractor

(d) The contractor shall comply with the provisions of the payment of wages Act 1936

Minimum wages Act 1948 Employees Liability Act 1938 Workmenrsquos compensation Act

1923 Industrial Disputes Act 1947 Maternity Benefits Act 1961 and the contractorrsquos

Labour (regulation and abolition) Act 1970 or the modifications there of or any other laws

relating thereto and the rules made there under from time to time

(e) The contractor shall indemnify Government against payments to be made under and

for the observance of the laws aforesaid without prejudice to his right to claim indemnity

from his sub-contractors

(f) The regulations aforesaid shall be deemed to be a part of this contract and any breach

thereof shall be deemed to be a breach of this contract

33 OTHER LABOUR WELFARE MEASURES

The contractor shall comply with all the provision of the Minimum wages Act 1948

Contractor Labour (R amp A) Act 1970 and rules framed and other labour laws affecting

contract labour that may be brought into force from time to time

34 The contract shall not assign or sublet without the written approval of the GMTD

MEHSANA or his nominated representative and if the contractor shall assign or sublet his

contract or attempt so to do or become insolvent or commence any insolvency proceeding

or make any composition with his creditors or attempt so to do or if any bribe gratuity

gift loan perquisite reward or advantage pecuniary or otherwise shall either directly or

indirectly be given promised or offered by the contractor or any of his servants or agent to

any public officer or person in the employ of Government in any way relating of his office

or employment or if any such officer or person shall become in any way directly or

indirectly interested in the contract the Designated official on behalf of the President of

India shall have power to adopt any of the coursed specified in clause 24 as he may deem

best suited in the interest of Government and in the event of any of these course being

adopted the consequences specified in the said clause 24

35 All sums payable by way of compensation under any of these conditions shall be

considered as reasonable compensation to be applied to the use of Government without

reference to the actual loss or damage sustained and whether or not any damage shall have

been sustained

36 PARTNERSHIP FIRMS

Where the contractor is a partnership firm the previous approval in writing of the

Designated officialnominated representative shall be obtained before any change is made

in the constitution of the firm Where the contractor is an individual or a Hindu undivided

family business concern such approval as aforesaid shall like wise be obtained before the

contractor enters into any partnership agreement where under the partnership firm would

have the right to carry out the work hereby undertaken by the contractor If previous

approval as aforesaid is not obtained the contract shall be deemed to have been assigned in

contravention of Clause hereof and the same action may be taken and the same

consequence shall ensure as provided in the said clause

37 All works to be executed under the contact shall be executed under the direction and

subject to the approval in all respected of the Designated official who shall be entitled to

direct at what point or points and in what manner they are to be commenced and from time

to time carried on

23 Signature of the Contractor

38 Whenever any claim against the contractor for the payment of a sum or money arises

out of or under the contract Government shall be entitled to recover such sum by

appropriating in part or whole the security deposit of the contractor and to sell any

Government Promissory Notes etc forming the whole or part of such security In the event

of the security being insufficient or if no security has been taken from the contractor then

the balance or the total sum recoverable as the case may be shall be deducted from any

sum then due or which at any time thereafter may become due to the contractor under this

or any other contract with Government Should this sum be not sufficient to cover the full

amount recoverable the contract shall pay to Government on demand the balance

remaining dues

39 AUDITS AND TECHNICAL EXAMINATION

391 Company shall have the right to cause an audit and technical examination of the

works and the final bills of the contractor including all supporting vouchers abstract etc to

be made after payment of the final bill and if as a result of such audit and technical

examination any sum is found to have been overpaid in respect of any work done by the

contractor under the contract or any work claimed by him to have been done by him under

the contract and found to have amount of over payment and it shall be liable to refund the

amount of over payment and it shall be lawful for Company to recover the same from him

in the manner prescribed or in any other manner legally permissible and if it is found that

the contractor was paid less than what was due to him under the contract in respect of any

work executed by him under it the amount of such under payment shall be duly paid by

Company to the contractor

392 Any sum of money due and payable to the contractor (including Security Deposit

returnable to him) under this contract may be appropriated by the Company and set off

against any claim of the Company for the payment of a sum or money arising out of or

under any other contract made by the contractor with the Company

40 Contractor shall not enter into agreement with any other unit on approved tender of

GMTD MEHSANA without prior approval of the General Manager Telecom District

MEHSANA

41 Without prejudice to any of the rights or remedies under this contract if the contractor

dies the GMTD MEHSANA on behalf of the company shall have the option of

terminating the contract without compensation to the contractor

42 No Engineer of gazetted rank or other gazetted officer employed in Engineering or

administrative duties in an Engineering Department of the Government of India is allowed

to work as contractor for a period of two years of his retirement from Government service

without the prior permission of Government of India This contract is liable to be canceled

if either person who had not obtained the permission of Government of India as aforesaid

before submission of the tender or engagement in the contractors service as the case may

be

43 COMPENSATION FOR DELAY The time allowed for carrying out the work as

mentioned shall be strictly observed by the contractor and shall be deemed to be of the

essence of the contract on the part of the contractor However for special jobs if the

contractor has submitted a time schedule and the same has been accepted by the designated

officialnominated representative of the company the contractor shall comply with the

said time schedule

24 Signature of the Contractor

44 TIME LIMIT amp LIQUIDATED DAMAGE CHARGES

441 It will be at the discretion of the GMTD MEHSANA to revise or modify or extend

the time limits specified for the total work awarded to the contractor or to further specify

the quantum of work to be completed within a specified period provided a written request

has been received from the contractor explaining the reasons for which such extension of

time is asked for and the GMTD MEHSANA in the particular case is convinced and

satisfied that such extension or revision or modification is in the interest of the

Government In such cases payment of liquidated damage as compensation for delay

becomes liable based on such revised or modified or extended time limits and the

conditions under which such extension or modification or revision has been made

Liquidated damage will be charged as per Special Condition clause No2 amp 3 read as

under

1 Delay in collection - Rs5- per instrument per week or part there of for entire lot of

unserviceable instruments collected delayed subject to a maximum Rs20- per instrument

in case timely collection is not done as per 2(b) of special conditions

2 Delay in delivery- Rs2- per week or part there of on the entire lot of instruments

delivered delayed in case of delivery not made timely as per Para 3 of Special conditions

442 The contractor shall have to complete the contractual work within stipulated period

and it is very clearly understood between the parties that the time is made the essence of

contract

45 The Company assumes no responsibility whatever for any oral understandings or

representations made by any its officers or agents or servants prior to the execution of the

contract and all previous negotiations and understandings are hereby canceled

46 STORERSMATERIAL SUPPLIED BY THE GOVERNMENT

All materials supplied to the contractor by the company shall remain the absolute

property of Company and shall not be removed from site of the work except for use in the

work and shall be at all times open to inspection by Designated official

47 In the event of the contractor being adjudged insolvent or going voluntarily into

liquidation or having received order or other order under insolvency Act made against him

or in the case of a company of the passing of any resolution or making of any order for

winding up weather voluntarily or otherwise or in the event of the contractor failing to

comply with any of the conditions herein specified the GMTDMEHSANA shall have

the power to terminate the contract without previous notice

48 ACCEPTANCES AND MEASUREMENT

481 It is important that the work carried out by contractor is approved by the designated

official nominated representative of the company

482 The designated official nominated representative of the Govt and the contractor or

his authorized representative will certify under their signature at the appropriate places that

the work carried out is as per the specification

49 PRICE VARIATION

25 Signature of the Contractor

The Company shall not be responsible for any escalation in prices of labour or materials

machinery equipment etc whatsoever or any increase in any duties levies or taxes in

respect thereof whatsoever and the contractor rates and contractors obligations shall

remain unaffected by such escalation and or increases

50 FORCE MAJEURE

In the event of either party being rendered unable by force majeure to perform this

contract than the obligations of the party effected by such force majeure shall be

suspended for the whole period during which such cause lasts and until normal operation

are resumed and when such cause ends the execution of this contract must be resumed

with all responsible dispatch should the execution of this contract be suspended by force

majeure than a corresponding extension of the completion date shall be automatically

granted The occurrence of a cause of force majeure however shall not relieve the

company and its obligation to make payment to the contractor for the work satisfactorily

executed prior thereto The terms force majeure as employed herein shall mean act of God

war declared or undeclared hostilities enemy actions revolts riots legal lock outs and

eligible strikes tidal waves forest fires major floods explosions earth quakes epidemics

sabotage extra ordinary act and Regulation of central or state Government or Municipality

Bodies Upon the occurrence of such causes and its termination the parties rendered unable

as aforesaid shall notified the other party in writing within 72 hours of the beginning and

ending dates giving full particulars and evidences if required

51 PAYMENTS

The contractor shall prepare the bills claiming shown as labour cost and material cost

separately The contractor shall submit the bills within 30 days after completion of the

work duly certified by the designated officialnominated representative of company

GMTD MEHSANA has full right to disallow the payment of the bills received after 30

days of completion of work

52 The GMTD MEHSANA may however at his discretion allow the contractor to

submit fortnightly bills or at the end of each work

53Income tax at the rate in force at that time would be deducted from his payments of bills

as Tax deducted at source However if any new legislation comes into effect for

deduction of tax at source at any other rate deduction will be made at that rate

The GMTD MEHSANA will issue necessary Income tax deduction certificate or the

Accounts Officer detailing the amount so deducted As Tax Deducted at Source at the time

of payment or each bill

54 The Tenderer should submit all requisite documents including EPF related documents

as per clause in tender terms amp conditions and special conditions along with the bill if

applicable

55 PAYMENT PROCEDURE

551 The bills are to be submitted in TRIPLICATE and in the manner and form that may

be prescribed by the GMTD MEHSANA from time to time ldquoAccounts Payeerdquo cheque

for amount passed in the bill will be issued only after the contractor gives a stamped

receipt for the amount unless the bills are pre-receipt Only Accounts Payee Cheques

drawn on the branch of the state bank of India or other bank in which the GMTD or the

26 Signature of the Contractor

Accounts Officer may be having drawing assignment account will make payments The

payments will be made either by the Accounts Officer or by any other official who at any

period of time may be convenient to the company

552 Any liquidated damages due shall also be recoverable from the bills submitted for the

payment by the aforesaid officer

553 The security deposit with the GMTD Shall be considered for adjustment against

liquidated damages only at the time of final conclusion of the contract and final settlement

of account

554 The GMTD MEHSANA will have e the right to recover liquidated damages for

delay or slow progress of the works from the bills submitted for payment

555 The final settlement of the bills and refund adjustmentappropriation of any amount

detained from the running bill of the contractor shall be made fully after the GMTD is

satisfied that all the contractual obligation have been fully met and no amount remain due

for recovery from the contractor on any count Unless there are specific reasons all

accounts are expected to be settled within a period of six months from the date of

completion of the works in all respects

56 FINAL ACCEPTANCE

If any of the work is found to be unsatisfactory by the designated officialnominated

representative of the govt the contractor shall be intimated in writing of the corrections

repairing to be carried out The contractor shall be required to correct all defects that

remain evident at any time prior to final acceptance of the contractors works by the

GMTD MEHSANA The cost of all such repairs and corrections shall be borne by the

contractor Failure or neglect on the part of the GMTD MEHSANA or his representative

to confirm or reject inferior work notwithstanding final acceptance of the work or any part

thereof by the company THE GMTD MEHSANA Designated official or his

representative shall not be construed to imply the acceptance of such work The provision

of this clause shall not in any way affect or limit the contractors liability under the

undertaking and guarantee contained in the contract documents

57 DISPUTES AND ARBITRATION

All dispute arising between the contractor and GMTD MEHSANA out of this contract

shall be referred to the sole arbitration in the following manners -

a) In case parties are unable to reach a settlement by themselves the dispute should be

submitted for arbitration in accordance with contract agreement

b) There should not be a joint submission with the contractor to the sole arbitrator

c) Each party should submit its own claimed severely and may oppose the claim put

forward by the other party

d) The onus of establishing his claims will be left to the contractor

e) His claim will be firmly resisted by utilizing all the evidence available with the

company

27 Signature of the Contractor

f) Once a claim has been included in the submission by the contractor a retraction or

modification thereof will be opposed

g) The Point of Defense will be based on actual condition of the contract

h) The question whether these conditions are equitable shall not receive any consideration

in the preparation of Points of Defense

i) The arbitrator shall not entertain claims in the nature of ex-gratia payments as these

are not contractual

j) If the contractor including such claims in his submission the fact that they are not

contractual will be prominently placed before the arbitrator

k) In case the amount involved is heavy the sole arbitrator may be within his rights to

conduct the defense by the government pleader

The award of the sole arbitrator shall be final and binding on the parties to the dispute It

is further agreed that reference to the sole arbitration of officer appointed as arbitrator is

conditions precedent and none will be entitled to move the court without referring the

matter to sole arbitrator

58 Contractor should produce latest Income Tax CertificateSales Tax registration

certificate

59GMTD Mehsana reserves the rights to terminate RRC for breach of

conditionconditions of the agreement after giving a show cause notice of 14 days and after

examining reply if any filed by him pursuance to show cause notice

60 GMTD Mehsana reserves the rights to engaged one or more contractors for this work

61 Rates to be quoted in ANNEXURE ndash III Financial Bid in separate sealed cover and

declaration to be given in ANNEXURE-II-A amp ANNEXURE ndash II B duly signed by all

partnersdirectors of the companyfirm

28 Signature of the Contractor

SECTION ndash V

SPCECIAL CONDITIONS

Work Orders shall be issued by concerned SDE approved by DE

1 Scope of the work Repairing of faulty electronic CLIP push button telephone

instruments buttons key including plan instrument It shall cover all instruments

including those having PCB Display of CLI and burnt out due to their connections

to powers inadvertently but excluding PBT with bakelite portion broken

discolored

2 Collection of faulty instruments

A For lifting of faulty instruments the minimum lot size will be of 20 units

the SDEexchange in charge will intimate the quantity of faulty instruments

accumulated with him over telephone or by FAX to the contractor

B The contractor shall ensure the collection of the faulty instruments within

three working days of the date at giving work order or intimation over telephone or

by FAX on working days between 10 AM to 17 PM at his cost

C The contractor shall acknowledge the receipt of the faulty instruments made

over to him

3 Duration of repair

A The contractor shall repair the faulty instruments at his own work-shop and

return the same to SDEexchange in-charge concerned at his own cost within one

week of its collection (for calculating one week the day of collection and day of

handing over will be inclusive)

B After carrying out repairs of the faulty instruments the contractor shall

offer the instruments to SDEExchange in-charge or JTO nominated by him for

inspection and testing one day before the expiry of schedule delivery date The

decision of the inspecting officer as to accept the repaired instruments will be final

and binding on contractor

C The contractor shall pack each repaired instrument suitably in a

polythene bag after polishingbuffing while returning them to SDE

D The contractor shall paste stiker with date of repairing on back side of

each repaired instrument while returning them to SDE

E The repaired instruments shall be returned back to the same SDEExchange

in-charge unless specified otherwise from where these instruments were collected

for repairs

4 Warranty repair

The contractor will undertake quality repair which will ensure the normal

troubledefect free performance of the instruments for a period of 12 months from

the date of inspection and clearance In case the repaired instruments develops

any defect or any deficiency or fault ie it becomes faulty during the warranty

29 Signature of the Contractor

period the contractor shall rectify repair and remedy such defects deficiency in the

repaired instruments at his own cost and expenses

5 A Method of evaluation

Tenders will be evaluated with reference to the total cost worked out by

multiplying rates quoted by Tenderer with approximate number of EPBT amp

CLIP Instruments as shown in the price bid

B Reports

1 The contractor shall furnish a summary of fault found and namedetails of

the components replaced in the instruments repaired while offering them for

inspection

2 The contractor shall also furnish a quarterly analysis of faulty and repaired

batch wise as per Annexure-I

6 Quality of components

The contractor shall use good quality components for repairs of the instruments

The replaced parts should be purchased by the contractor from DOT approved

source s

7 Liquidated damage

1 Delay in collection Rs 5- per instruments per week or part thereof for

entire lot of unserviceable instruments collected delayed subject to a

maximum of Rs 20- per instruments In case timely collection is not don as

per Para 2(B) above

2 Delay in delivery Rs2 per instrument per week or part thereof on the

entire lot of instruments delivered delayed in case delivery not made timely

as per Para 3 above

8 Quantum of EMD and PSD

EMD as per NIT - to be paid either in cash or in form of DDBankerrsquos

ChequePay Order from NationalizedScheduled Bank in favour of Accounts

Officer (Cash) BSNL Oo GMTD ndash Mehsana payable at Mehsana

Performance Security Deposit 10 of estimated cost of tender payable either in cash or DD or in form of Bank guarantee

from Nationalized BankScheduled Bank for a period of 24 months which will be released or refunded after successful

completion of contract and no due pending against contractor 9 Extension of validity of RRC period Period of RRC will normally

be one year However GMTD Mehsana reserves the right to extend it for a further period of six months or one year or part

there of under the same rates and terms and conditions

Estimated cost for the second year or part there of shall be considered same as approved for first year or part

there of on pro-rata basis

30 Signature of the Contractor

10 Eligibility The bidder should have

Experience of repairing of CLIP or EPBT Instruments in DOTBSNLGovt

PSU Private SectorFirm for one year during last five years as per NIT

11 Documents to be submitted with Technical Bid (Qualifying Bid) to establish

their eligibility for bidding

111 Experience certificate (self attested copy) issued by not below the rank of DEAGM in

DOTBSNLGovtPSUPrivate SectorFirm as required under clause 10 above

112 Self attested Copy of registration of firm (not required for proprietorship)

113 For EPF particulars submit the EPF registration certificate if applicable

(If not applicable submit the clarification as to how not applicable and submit

undertaking on Non judicial stamp paper of Rs 50- regarding submission of it within

one month after the agreement with BSNL Mehsana) If the firms which are under

partnership deed Company Pvt Ltd shall have to submit EPF registration certificate

If not obtain they shall have to obtain the earliest and latest by the time of agreement

They shall have to submit necessary undertaking certificate for this in ANNEXURE-

VI

114 Self attested Copy of Registration particulars with Central Excise for Service Tax If

undertaking is given he shall have to submit within one month before agreement failing

which there will be no agreement (If Service tax is not applicable he shall have to

submit reasons as to how it is not applicable)

115 Partnership deed amp power of attorney who has signed the bid (self attested copy) if

applicable

116 Bio-data of Tenderer in ANNAXURE--IV

117 Declaration to be given in ANNEXURE-II A amp II B

12 Rates to be quoted in ANNEXURE-III In Financial Bid to be submitted separately

in sealed cover

13 GMTD Mehsana reserves the rights to terminate RRC for breach of condition

conditions of the agreement after giving a show cause notice of 14 days and after

examination reply if any filled by him pursuance to show cause notice

14 EPF contribution in respect of LabourEmployees employed by the contractor for

execution of works of BSNL if applicable The contractor will have to

fulfillcompliance of the provisions of EPF amp Misc provisions Act1952 amp Employees

provident fund scheme-1952 by the contractor in respect of LaboursEmployees

engaged by them for performing the work of BSNL while submitting the claim of bills

towards works executed by him if applicable he must accompany the

i List showing the details of LaboursEmployees engaged

ii Duration of their engagement

iii The amount of wages paid to such LaboursEmployees for the duration in question

iv Amount of EPF contribution (both employees amp employers contribution) for the

duration of engagement in question paid to the EPF authorities

31 Signature of the Contractor

v Copies of authenticated documents of payments of such contributions to

EPF authorities and a declaration for compliance of EPF Act 1952

15 The BSNL reserves the right to disqualify such bidders who have a record of not

meeting contractual obligation against earlier contracts entered into with the

BSNL MEHSANA

16 Multiple Vendor System -The BSNL Mehsana intends to limit the number

of technically amp commercially responsive bidders to (Maximum three) from

the list of such bidders arranged in increasing order of their evaluated rate

starting from the lowest for the purpose of award of work against this

tender The distribution of quantum of work among the bidders is as per

clause of Section ndash of tender document

ldquoHowever SSA Head Mehsana reserve the right for the award of contract amp

work of entire tendered quantity to the bidder with the lowest evaluated

ratesrdquo

17 NOTE-

Tender documents containing detailed description of work terms amp conditions can be

had from Asstt General Manager (MM) Oo GMTD Mehsana 2nd Floor Admn

Building Sanchar Bhawan Pilaji Ganj Mehsana-384001 between 10=00 hours to

17=00 hours from 26102016 to 17112016 on all working days

Asstt General Manager (MM) Oo GMTD Mehsana ndash 384001

32 Signature of the Contractor

SECTION ndashVI

1 Specification and Tentative Quantum of work for repairing of EPBT amp

CLIP (approximate)

Sr

No

Name of SDE Unit

[Concern Supervising

Authority]

Quantum of Works for Tender for repairing

of EPBT amp CLIP Instruments [In No]

CLIP Inst EPBT

Inst

Buttons

Key

Plan Inst

1 SDE P MEHSANA 750 900 3 5

2 SDE G MEHSANA 225 250 5 0

3 SDE G CHANASAMA 100 0 5 0

4 SDE G CHHATRAL 350 200 0 0

5 SDEP KADI 50 0 0 0

6 SDEG KADI 50 0 0 0

7 SDEP KALOL 750 450 7 0

8 SDEG KALOL 150 50 0 0

9 SDEP VIJAPUR 60 85 2 0

10 SDEG VIJAPUR 75 95 2 0

11 SDEG MNSGZR 50 80 3 0

12 SDEG KUKARWADA 50 75 2 0

13 SDEP VISNAGAR 350 200 5 0

14 SDEG VISNAGAR 150 75 4 0

15 SDEG VADNAGAR 100 25 4 0

16 SDEG SATLASANA 75 40 3 0

17 SDEG KHERALU 100 50 3 0

18 SDEP UNJHA 500 400 3 0

19 SDEG UNJHA 100 113 2 0

20 SDEP SIDHPUR 450 300 3 0

21 SDEG SIDHPUR 200 200 5 0

22 SDEP PATAN 350 150 5 0

23 SDEG PATAN 100 50 5 0

24 SDEG HRJSAMI 100 50 4 0

Total 5235 3838 75 5

33 Signature of the Contractor

SECTION ndashVII

STANDARD SCHEDULE OF RATE (SOR) FOR REPARING OF EPBT

AND CLIP INSTRUMENT IN MEHSANA TELECOM DISTRICT (MEHSANA SSA)

To

GMTD Mehsana

Sub - Our Financial Bid for repairing of EPBT amp CLIP Instruments in Mehsana SSA

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Sir

Having examined the tender documents terms amp conditions specification of work

stipulated there in IWe the undersigned offer our rates in percentage as under

Brief description of items for

Repairing under ARC

Approx Quantity to be

repaired under ARC

SOR Per Instrument

(a) (b) (c)

(1) Repairing of CLIP Telephones

instruments

5235 No Rs 55-

(2) Repairing of Electronics Push

Button Telephones (EPBT)

3838 No Rs 23-

(3) Repairing of Buttons Key

75 No Rs 26-

(3) Repairing of Plan Instruments

5 No Rs 39-

Note- The Quantity of Clip instrument ( 5500) may be consider which AMC will be expired as per given below -

(1) AMC of 1400 PTPL instrument may be expired on 23092016

(2) AMC of 3100 PTPL instrument may be expired on 21012017

(3) AMC of 1000 PTPL instrument may be expired on 25032017

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

34 Signature of the Contractor

ANNEXURE-I

Fault analysis report of instruments of quarter ending

No of faulty

instruments

with

contractor at

the

beginning of

the period

No of faulty instruments

received by contractor

during the quarter

No of faulty instruments

repaired and returned to

Depot officer

CF No of

faulty

instruments

with

contractor

In warranty Out of

warranty

In warranty Out of

warranty

1

2

Nature of Fault

Type No Of instruments

No

dial

tone

Dial

faulty

No

ring

Poor

speechdisturbance

Dead Display

Fault

No fault

foundMisc

In

warrant

Out of

warranty

Repairing carried out

Type Faults in

TransmitterReceiver Ringer Contract

foil

PCB

Fault

Disply No fault

foundMisc

In

warrant

Out of

warranty

35 Signature of the Contractor

ANNEXURE ndashII

DECLARATION

(TO BE SUBMITTED WITH TECHNICAL BID)

IWe hereby declare that IWe have carefully gone through the Terms amp Conditions of

Tender Notice Invited vide No MMTenderMehsana2016-1706 Dated 26102016 in

detail and agree to the rate submitted by MeUs in the rate sheet and IWe agree in full to

abide by them

1) Signature of the Party ___________________________________

Full Name ___________________________________

(In block letter) ___________________________________

2) Full address ___________________________________

___________________________________

___________________________________

___________________________________

Tele No (O)________________________________

(R)________________________________

3) Capacity in which the __________________________________

Tender is signed

Rubber stamp is required) __________________________________

__________________________________

Date Signature of the Tenderer with seal

36 Signature of the Contractor

ANNEXURE ndash IV

DECLARATION REGARDING EPF TO BE GIVEN ON NON-JUDICIAL STAMPS

PAPER OF RS 100-

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

I helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipProprietor of

Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip do here by declare

that I am the proprietor of my above firm I am carrying out the repairing of

EPBT amp CLIP my self I do not engage labour So EPF is not applicable to

me

However the decision of the competent authority shall be binding to me in

this regard

Name of the Bidder

Signature of the Bidder with Seal

37 Signature of the Contractor

ANNEXURE ndash V

Undertaking to be given for compliance of EPF Registration certificate

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

We the partners Directors of the firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Do here by undertake that if our tender is accepted we will submit the EPF Registration

certification at the earliest latest by one month after the agreement carried out with the

BSNL Mehsana for execution of works for repairing of EPBT amp CLIP Instruments in

Mehsana SSA failing which the decision of the competent authority will be binding on us

To be signed by all Partners directors

38 Signature of the Contractor

ANNEXURE ndash VI

LETTEROF AUTHORISATION FOR ATTENDING BID OPENING

Tender Number MMTenderMehsana2016-1706 Dated 26102016

Subject Authorisation for attending bid opening on___________________(date) the

tender of following persons are hereby authorised to attend the bid opening

for the tender mentioned above on behalf of ______________________

(Bidder) in order of preference given below

Order of Preference Name

Specimen Signatures

I

II

Alternate

Representative

Signatures of

bidder

Or

Officer authorised to sign the bid

Documents on behalf of the bidder

No 1 Maximum of two representatives will be permitted to attend bid opening In

case where it is restricted to one first preference will be allowed Alternate

representative will be permitted when regular representatives are not to able

attending

2 Permission for entry to the hall where bids are opened may be refused in case

authorisation as prescribed above is not recovered

39 Signature of the Contractor

ANNEXURE ndash VII

INTEGRITY PACT

Between

Bharat Sanchar Nigam Limited (BSNL) GMTD-Mehsana hereinafter referred to as ldquoThe

Principalrdquo

And

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphereinafter referred to as ldquoThe BidderContractorrdquo

Preamble

The Principal intends to award under laid down organizational procedures contracts for --

----------------------------------------- The Principal values full compliance with all relevant

laws and regulations and the principles of economic use of resources and of fairness and

transparency in its relations with its Bidders and Contractors

In order to achieve these goals the Principal will appoint an Independent External Monitor

who will monitor the tender process and the execution of the contract for compliance with

the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to

observe the following principles -

(a) No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for

or accept for himherself or third person any material or immaterial benefit which heshe

is not legally entitled to

(b) The Principal will during the tender process treat all Bidder(s) with equity and reason

The Principal will in particular before and during the tender process provide to all

Bidder(s) the same information and will not provide to any Bidder(s)

confidentialadditional information through which the Bidder(s) could obtain an advantage

in relation to the tender process or the contract execution

(c) The Principal will exclude from the process all known prejudiced persons

(2) If the Principal obtains information on the conduct of any of its employees which is a

criminal offence under the relevant Anti-Corruption Laws of India or if there be a

substantive suspicion in this regard the Principal will inform its Vigilance Office and in

addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder(s)Contractor(s)

(1) The Bidder(s)Contractor(s) commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation

in the tender process and during the contract execution

(a) The Bidder(s)Contractor(s) will not directly or through any other person or firm offer

promise or give to any of the Principalrsquos employees involved in the tender process or the

40 Signature of the Contractor

execution of the contract or to any third person any material or immaterial benefit which

heshe is not legally entitled to in order to obtain in exchange any advantage of any kind

whatsoever during the tender process or during the execution of the contract

(b) The Bidder(s)Contractor(s) will not enter with other Bidder(s) 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

(c) The Bidder(s)Contractor(s) will not commit any offence under the relevant Anti-

corruption Laws of India further the Bidder(s)Contractor(s) will not use improperly for

purposes of competition or personal gain or pass on to others any information or

document provided by the Principal as part of the business relationship regarding plans

technical proposals and business details including information contained or transmitted

electronically

(d) The Bidder(s)Contractor(s) will when presenting his bid disclose any and all

payments he has made is committed to or intends to make to agents brokers or any other

intermediaries in connection with the award of the contract

(2) The Bidder(s)Contractor(s) will not instigate third persons to commit offences outlined

above or be an accessory to such offences

Section 3 ndash Disqualification from tender process and exclusion from future contracts

If the Bidder(s)Contractor(s) before contract award or during execution has committed a

transgression through a violation of Section 2 above or in any other form such as to put his

reliability or credibility in question the Principal is entitled to disqualify the

Bidder(s)Contractor(s) from the tender process or take action as per the defined procedure

Section 4 ndash Compensation for Damages

(i) If the Principal has disqualified the Bidder(s) from the tender process prior to the award

according to Section 3 the Principal is entitled to demand and recover the damages

equivalent to Earnest Money Deposit Bid Security

(ii) If the Principal has terminated the contract according to Section 3 or if the Principal is

entitled to terminate the contract according to section 3 the Principal shall be entitled to

demand and recover from the Contractor the amount equivalent to Security Deposit

Performance Bank Guarantee in addition to any other penalties recoveries as per terms

and conditions of the tender

Section 5 ndash Previous transgression

(i) The Bidder declares that no previous transgression occurred in the last 3 years with any

other Company in any country conforming to the Anti-corruption approach or with any

other Public Sector Enterprise in India that could justify his exclusion from the tender

process

(ii) If the Bidder makes incorrect statement on this subject he can be disqualified from the

tender process or action can be taken as per the defined procedure

Section 6 ndash Equal treatment of all BiddersContractorsSubcontractors

41 Signature of the Contractor

(i) The principal will enter into agreements with identical conditions as this one with all

BiddersContractors

(ii) The Bidder(s)Contractor(s) undertake(s) to demand from all subcontractors a

commitment in conformity with this Integrity Pact

(iii) The Principal will disqualify from the tender process all bidders who do not sign this

Pact or violate its provisions

Section 7 ndash Criminal charges against violating

Bidder(s)Contractor(s)Subcontractor(s)

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or

of an employee or a representative or an associate of a Bidder Contractor or

Subcontractor which constitutes corruption or if the Principal has substantive suspicion in

this regard the Principal will inform the Corporate Vigilance Office

Section 8 ndash External Independent MonitorMonitors

1 Principal appoints competent and credible Independent External Monitor for this Pact

The task of the Monitor is to review independently and objectively whether and to what

extent the parties comply with the obligations under this agreement

2 The Monitor is not subject to instructions by the representatives of the parties and

performs his functions neutrally and independently He reports to the CMD of the BSNL

3 The Bidder(s)Contractor(s) accepts that the Monitor has the right to access without

restriction to all Project documentation of the Principal including that provided by the

Contractor The Contractor will also grant the Monitor upon his request and demonstration

of a valid interest unrestricted and unconditional access to his project documentation The

same is applicable to Subcontractors The Monitor is under contractual obligation to treat

the information and documents of the Bidder(s)Contractor(s)Subcontractor(s) with

confidentiality

Notwithstanding anything contained in this Section the Bidder(s)Contractor(s) shall have

no obligation whatsoever to provide any internal costing mechanisms or any internal

financial or commercial data pursuant to any audit or review conducted by or on behalf of

the Principal Further the Bidder(s)Contractor(s) shall not be required to provide any data

relating to its other customers or any personnel or employee related date

4 The Principal will provide to the Monitor 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 Principal and the Contractor The parties offer to the

Monitor the option to participate in such meetings

5 As soon as the Monitor notices or believes to notice a violation of this agreement he

will so inform the Management of the Principal and request the Management to

discontinue or take corrective action or to take other relevant action The monitor can in

this regard submit non-binding recommendations Beyond this the Monitor has no right to

demand from the parties that they act in a specific manner refrain from action or tolerate

action

42 Signature of the Contractor

6 The Monitor will submit a written report to the Chairperson of the Board of the Principal

within 8 to 10 weeks from the date of reference or intimation to him by the lsquoPrincipalrsquo and

should the occasion arise submit proposals for correcting problematic situations

7 If the Monitor has reported to the CMD of the BSNL a substantiated suspicion of an

offence under relevant Anti-Corruption Laws of India and the BSNL has not within

reasonable time taken visible action to proceed against such offence or reported it to the

Corporate Vigilance Office the Monitor may also transmit this information directly to the

Central Vigilance Commissioner Government of India

8 The word lsquoMonitorrsquo would include both singular and plural

Section 9 ndash Pact Duration

This Pact begins when both parties have legally signed it It expires for the Contractor 12

months after the last payment under the contract and for all other Bidders 6 months after

the contract has been awarded

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 dischargeddetermined by

CMD BSNL

Section 10 ndash Other provisions

1 This agreement is subject to Indian Law Place of performance and jurisdiction is the

Registered Office of the Principal ie New Delhi The arbitration clause provided in the

tender document contract shall not be applicable for any issue dispute arising under

Integrity Pact

2 Changes and supplements as well as termination notice need to be made in writing

3 If the Contractor is a partnership or a consortium this agreement must be signed by all

partners or consortium members

4 Should one or several provisions of this agreement turn out to be invalid the remainder

of this agreement remains valid In this case the parties will strive to come to an agreement

to their original intensions

------------------------------------ ----------------------------------

For the Principal For the BidderContractor

Placehelliphelliphelliphelliphelliphelliphelliphellip Witness 1 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphellip Witness 2 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

43 Signature of the Contractor

Anexx-VIII

AGREEMENT

This agreement made on thishelliphelliphellip day of helliphelliphellip Yearhelliphelliphelliphellip Between hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphellipHerein after called ldquo The contractorrdquo (which expression shall unless excluded by or

repugnant to the context include its successors heir executors administrative representative and

assignee) of the one part amp the BSNL (GMTD Mehsana) herein after referred to as the BSNL of

other part Tender No MMTenderMehsana2016-1706 Dated 26102016

Where as the contractor has offered to enter with the said BSNL for the contract for repairing of

EPBT amp CLIP Plan instruments amp Buttons Key in Mehsana SSA Mehsana Telecom District on

the terms and conditions herein contained and the rates approved by the BSNL (copy of rates

annexed) have been dully accepted and whereas the necessary security deposit have been furnished

in accordance with the provision of the tender documents and whereas no interest will be claimed

on the security deposit Now these presents witness and it is hereby agreed and declared by and

between the partiesrsquo presents as follows

(1) The contractor shall during the period of this contract that is to say fromhelliphelliphelliphelliphellipTo

helliphelliphelliphellip or completion of work whichever is earlier or until this contract shall be

determined by such notice as is herein after mentioned safely carried out by means of

Labours employed at his own expense and by means of tools implements of equipments

etc to be supplied by him to his Labours at his own expense all work of repairing of

EPBT amp CLIP instruments as described in tender documents (annexed to the agreement)

when the BSNL or any other person authorized by GMTD Mehsana in that behalf require it

is under stood by the contractor that the quantity of work mentioned in the schedule is

likely to change as per actual requirement as demanded by exigencies of service

(2) The Notice Inviting Tender Bid documents (qualifying and financial) letter of intent

approved rates annexed here to and such other additional particulars instructions

drawings work orders as may be found requisite to be given during execution of work

shall be deemed and taken to be an integral part of the contract and shall be deemed to be

included in the expression ldquoThe agreement) or ldquoThe Contractrdquo wherever herein used

(3) The contractor also supplies the requisite number of workmen with means and materials as

well as tools appliances vehicles for transportation cartage etc required for the proper

execution of work within the prescribed in the work orders

(4) The contractor hereby declares that no body connected with or in the employment of the

BSNL is notshall not ever be admitted as partner in the contract

(5) The contractor shall abide by the terms and conditions rules guide lines constructions

particulars safety precautions etc stipulated in the tender documents including any

correspondence between the contractor and the BSNL having bearing on execution of work

and payments of work to be done under the contract

In witness whereof the partiesrsquo presents have here in to set their representative hands and

seals the day and year in

Signed sealed amp Delivered by

The above named contractor in the presence of

Above written

Witness

(1)

(2) Signed and delivered on behalf of BSNL

Witness

(1)

(2)

44 Signature of the Contractor

ANNEXURE-IX - UNDERTAKING

This deed of undertaking executed on this helliphelliphellip day ofhelliphelliphelliptwo thousand andhelliphellip

by (name of sole proprietorpartnerdirectorauthorized representative the firm

company trust society etc)helliphelliphelliphelliphelliphelliphelliphelliphelliphellipSO helliphelliphelliphelliphelliphelliphelliphellip

residing athelliphelliphelliphelliphelliphelliphelliphelliphelliphellipOn behalf of said helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of the firm company Trust Society etc) having its office athelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

and dully authorized to sign file and verify present undertaking by the said hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of Firm company Society etc) in favour of Bharat Sanchar Nigam Ltd a

Government Of India undertaking having its registered office at Statesman

HouseB-148 Barkhamba Road New Delhi and local office at Administrative

Building Sanchar Bhawan BSNL Pilaji Ganj Mehsana-1 here in after called

BSNL (which terms shall mean and include its successors administrators heirs and

assigns Where as MS BSNL invited bids for repairing of EPBT amp CLIP instruments in Mehsana SSA

IWe participated in the bidding process and emerged as successful bidder with respect to tender No

MMTenderMehsana2016-1706 Dated 26102016

IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Acknowledge that IWe have fully under

stood and aware of the terms amp conditions of the Tendercontract and do hereby unequivocally and

unconditionally undertake and declare that

(1) IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip shall comply with all

the rulesRegulationsLawsGovernment instructionsstatus etc that are

applicable will be made applicable and or are aimed to protect the interest of

the workersemployees engaged by meus in the past and during the course of

performance of the contract with BSNL

(2) IWe shall fully protect indemnity and hold harmless BSNL and its employees

officers Directors agents judgments damages fines penalties and costs

(including legal costs and disbursements) arising from or relating to

Any breach violation of any direction order from any governmental

authority any provisions of the labour laws or any other laws status or

regulations that are or will be aimed to protect the interest of the

workersLabours engaged by the contractors in past and during the

course of this contract

OR

Any other payments claims or liability that may arise for ensuring

compliance of the provisions of any of the labour laws or any other laws

etc OR

Any other claim made by any third party in connection with any violation

of any laws guide lines instructions etc

In witness whereof this undertaking has caused on thehelliphelliphelliphelliphelliphellip

DayhelliphelliphelliphelliphellipMonth ofhelliphelliphellip Year

Date

Place

Signature

Name

Designation

Witness 1 2helliphelliphellip

45 Signature of the Contractor

ANNEXURE-X

E-Tendering Instructions to Bidders

These Special Instructions (for e-Tendering) supplement lsquoGeneral instructions to Biddersrsquo as enclosed in Section IV of this E-Tender Document Wherever there is a conflict the provisions herein shall prevail over those in other pages of this document

Submission of Bids only through online process is mandatory for this Tender

For conducting electronic tendering BSNL Mehsana is using the portal

(httpeprocurementsynisecombsnl1gujarat) of Ms Synise Technologies ltd Pune A - Submission of tender

1 The bidding process will be accepted only through e-tendering platform 2 Availability of e-tendering document e-tender document can be obtained by

downloading it from the website httpeprocurementsynisecombsnl1gujarat the

physical copy of the Tender document would not be available for sale

3 The Tender document shall not be available for download on its submissionclosing date B - General 1 Tender Bidding Methodology

Sealed Bid System ndashldquoSingle Stage using two envelopsrdquo

In this case of two envelope system Financial amp Techno-commercial bids shall be

submitted by the bidder at the same time

2 Broad outline of activities from Bidders prospective

1 Procure a Digital Signing Certificate (DSC)

2 Register on Electronic Tendering System (RETS)

3 Create Users and assign roles on ETS

4 View Notice Inviting Tender (NIT) on ETS

5 Download Official Copy of Tender Documents from ETS

6 Clarification to Tender Documents on ET Query to BSNL (Optional)

View response to queries posted by BSNL as addenda

7 Bid-Submission on ETS

8 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Techno-commercial Part

9 View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond to BSNLrsquos Post-TOE queries

10 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Financial-Part (Only for Technical Responsive Bidders)

For participating in this tender online the following instructions need to be read

carefully These instructions are supplemented with more detailed guidelines on

the relevant screens of the ETS

3 Digital Certificates

For integrity of data and its authenticity non-repudiation of electronic records and be compliant with IT Act 2000 it is necessary for each user to have a Digital Certificate (DC) also referred to as Digital Signature Certificate (DSC) of Class 2 or above issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer httpwwwccagovin]

4 Registration

To use the Electronic Tenderreg portal ( httpeprocurementsynisecombsnl1gujarat) vendor needs to register on the

46 Signature of the Contractor

portal Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e-tendering activities In ETS terminology this person will be referred to as the Super User (SU) of that organization For f u r ther details

p lease v is i t the websiteportal and follow further instructions as given on the site You may also contact tender wizard Helpdesk (as given below) to get your registration acceptedactivated Tender wizard Helpdesk

Telephone 020-30277517 020-30277522020-30277516

[between 1000 hrs to 1800 hrs on working days]

Mobile Nos Mr Hiren Pandar 7774013247 7774013248

E-mail ID helpdesksynisecom [Please mark CC

hirenpsynisecom]

BSNL Contact-1

BSNLrsquos Contact Person AGM MM Mehsana

Telephone Mobile (02762-220855222900)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID agmmmmehbsnlin

BSNL Contact-2

BSNLrsquos Contact Person SDE MM-Mehsana

Telephone Mobile (02762-221855)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID mehsdemm2bsnlin 5 Bid related Information for this Tender (Sealed Bid)

The entire bid-submission would be

online on ETS Broad outline of

submissions are as follows

Submission of digitally signed copy of Tender DocumentsAddendumaddenda

Two Envelopes

Techno-commercial -Part

Financial-Part

Note -

i) If some document is not applicable for the bidder then he has to upload

scanned copy of paper mentioning ldquoThe document ltNamegt called vide

clause helliphelliphelliphelliphelliphelliphellip is not applicable on usrdquo

ii) If document asked for contains more than one page then all those pages may be uploaded in one PDF format file

iii) Please take care to scan documents such that the total size of

documents to be uploaded remains minimum However it shall be sole

responsibility of bidder that the uploaded documents remain eligible

6 Offline Submissions

The bidder is requested to submit the following documents offline to AGM (MM) 2nd Floor Sanchar Bhawan Pilaji Ganj Mehsana-384001 on or before the date amp

time of submission of bids specified in covering letter of this tender

47 Signature of the Contractor

document in a Sealed Envelope The envelope shall bear (name of the tender) the tender number and the words lsquoDO NOT OPEN BEFORErsquo (due date amp time)

1 EMD-Bid Security in Original

2 DD Bankers cheque against payment of tender fee

3 Power of attorney (if applicable) Note The bidder has to upload the Scanned copy of all above said documents during

online Bid submission also

7 Special Note on Security of Bids

Security related functionality has been rigorously implemented in ETS in a multi-dimensional manner Starting with Acceptance of Registration by the Service Provider provision for security has been made at various stages in Electronic Tenderrsquos software Security related aspects as regard Bid Submission are outlined below

As part of the Electronic Encryptertrade functionality the contents of both the lsquoElectronic Formsrsquo and the lsquoMain-Bidrsquo are securely encrypted using a Pass-Phrase created by the Bidder himself Unlike a lsquopasswordrsquo a Pass-Phrase can be a multi-word sentence with spaces between words (eg I love this World) A Pass-Phrase is easier to remember and more difficult to break It is recommended that a separate Pass-Phrase be created for each Bid-Part This method of bid- encryption does not have the security and data-integrity related vulnerabilities which are inherent in E-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid- encryption Bid-encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE) even if there is connivance between the concerned tender- opening officers of the Buyer organization and the personnel of e-tendering service provider

Typically lsquoPass-Phrasersquo of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself when demanded by the concerned Tender Opening Officers who will open the bid Else Tender Opening Officer may authorize the bidder to open his bid himself There is an additional protection with SSL Encryption during transit from the client-end computer of a Supplier organization to the e-tendering server portal

8 Public Online Tender Opening Event (TOE)

ETS offers a unique facility for lsquoPublic Online Tender Opening Event (TOE)rsquo Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices For this purpose representatives of bidders (ie Supplier organization) dully authorized are requested to carry a Laptop and Wireless Connectivity to Internet Every legal requirement for a transparent and secure lsquoPublic Online Tender Opening Event (TOE)rsquo has been implemented on ETS As soon as a Bid is decrypted with the corresponding lsquoPass-Phrasersquo as submitted online by the bidder himself (during the TOE itself) salient points of the Bids are simultaneously made available for downloading by all participating bidders The work of taking notes during a manual lsquoTender Opening Eventrsquo is therefore replaced with this superior and convenient form of lsquoPublic Online Tender Opening Event (TOE)rsquo ETS has a unique facility of lsquoOnline Comparison Chartrsquo which is dynamically updated as each online bid is opened The format of the chart is based on inputs provided by the Buyer for each Tender The information in the Comparison Chart is based on the data submitted by the Bidders in electronic forms A detailed Technical and or Financial Comparison Chart enhances Transparency Detailed instructions are given on relevant screens

48 Signature of the Contractor

ETS has a unique facility of a detailed report titled lsquoMinutes of Online Tender Opening Event (TOE)rsquo covering all important activities of lsquoOnline Tender Opening Event (TOE)rsquo This is available to all participating bidders for lsquoViewing Downloadingrsquo

There are many more facilities and features on ETS For a particular tender the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer

NOTE In case of internet related problem at a bidderrsquos end especially during lsquocritical

eventsrsquo such as ndash a short period before bid-submission deadline during online

public tender opening event etc it is the bidderrsquos responsibility to have backup

internet connections In case there is a problem at the e- procurement

service-providerrsquos end (in the server leased line etc) due to which all the

bidders face a problem during critical events and this is brought to the notice

of BSNL by the bidders in time then BSNL will promptly re-schedule the

affected event(s)

9 Other Instructions

For further instructions the vendor should visit the home-page of the portal

( httpeprocurementsynisecombsnl1gujarat) and go to the User-Guidance Center The help information provided through lsquoETS User-Guidance Centerrsquo is available in three categories ndash

Users intending to Register First-Time Users Logged-in users of Buyer organizations and Logged-in users of Supplier organizations Various links are provided under each of the three categories Note It is strongly recommended that all authorized users of Supplier

organizations should thoroughly peruse the information provided under the

relevant links and take appropriate action This will prevent hiccups and minimize

teething problems during the use of ETS

The following lsquoFOUR KEY INSTRUCTIONS for BIDDERSrsquo must be assiduously adhered to

1 Obtain individual Digital Signing Certificate (DSC or DC) well in advance of

your first tender submission deadline on ETS

2 Register your organization on ETS well in advance of your first tender submission deadline on ETS

3 Get your organizationrsquos concerned executives trained on ETS well in advance of your first tender submission deadline on ETS

4 Submit your bids well in advance of tender submission deadline on ETS as

there could be last minute problems due to internet timeout breakdown etc

While the first three instructions mentioned above are especially relevant to first-time users of ETS the fourth instruction is relevant at all times

10 Minimum Requirements at Bidders end

Computer System with good configuration (Min P IV 1 GB RAM Windows XP)

Broadband connectivity

Microsoft Internet Explorer 60 or above

Digital Certificate(s) for users

49 Signature of the Contractor

ANNEXURE-III

RATE SHEET

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Rate should be quoted in below Rate Sheet

Sr

No

Rates Quoted By Bidder With Respect to SOR (Schedule Of Rate)

Particulars In Figure In Words

1 Above Of SOR

2 Below Of SOR

3 AT PAR

[At Same Rates of SOR]

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

Signature of the Bidder with Seal

Note

1 All faulty instruments are to be repaired except fully broken or fully burnt due to

electric hazards

2 The work may be offered to more than one contractor if required

Signature of the Tenderer with seal

Full Name _____________________

Full Address________________________

  • TABLE OF CONTENTS
    • CERTIFICATE REGARDING NEAR RLATIVES
      • LETTEROF AUTHORISATION FOR ATTENDING BID OPENING
      • Signed sealed amp Delivered by
      • Above written
        • ANNEXURE-IX - UNDERTAKING

13 Signature of the Contractor

7 REPRESENTATIVE OF CONTRACT

The contractor shall furnish to the Company the scheme of his intended organization and

nominated representative to whom the Company representative can make known decisions

authorizations and interpretations The contractor shall within 10 days after the execution

of the contractagreement notify the Company the name(s) and address(s) of the

representative(s) along with the specimen signature Any change in name and address of

any representative notified aforesaid should be promptly intimated in writing to the

Company Notices given in writing to the representative shall be deemed to be notices

given to contractor This representative shall be fully authorized to represent contractor on

matters involving more than one section of work notification in respect of whom shall

likewise be given to the Company and who shall likewise be the contractors representative

in terms aforesaid

8 INTERPRETATION OF THE CONTRACT DOCUMENTS

The GMTD MEHSANA and the contractor shall in so far as possible by mutual

consultation try and decide upon the meaning and intent of the contract documents In case

of disagreement the dispute will be referred to the sole Arbitrator as provided in the

contract Any change in the contract document shall be set forth in writing by the

representative of the parties hereto It shall be the contractorsrsquo responsibility to thoroughly

familiarize all of his supervisory personnel with the contents of all the contract documents

9 CHANGES EXTRA WORK amp QUANTUM OF WORK

91 Change used herein means a substitution for omission of any work or other

requirement within general scope of the work the performance of the compliance with

which is contemplated by the contract documents

92 Extra work as used herein means any works of compliance with any requirement

other than a change which is not expressly or implied contemplated by the contract

documents and which is necessary to be performed for the proper completion of the

contracted work For the purpose of clarification it is declared that any work or operation

which shall be necessarily incidental to the proper performance of any item of work or part

thereof shall be deemed to have been by implication provided for in the relevant item of

work or part thereof and shall not constitute extra work

93 The GMTD MEHSANA may at his absolute discretion make change in the work

provided for in the contract documents including the commencement of the work and may

require the performance of extra work by the contractor

94 The contractor shall not undertake or make any change or do any work under this

contract unless he has received written instructions from the representative of the

Company

95 The contractor shall not be entitled to any compensation in addition to the contract

price for the performance of any work not envisaged under the contract unless prior to the

performance of such work he has received from the designated official in written

authorization for performance such work

96 For Extra work within the scope of this contract the contractor will receive extra

compensation on the basis of a lump sum unit price as may be agreed upon in advance

between the GMTD MEHSANA and the contractor

14 Signature of the Contractor

97 (a) in cases of such of the works where interpolations of the rates are possible such

rates shall be accepted by both the parties

(b) If the altered additional or substituted work includes any work for which no rates are

specified in the contract for the work can be derived from similar class of work in the

contract than such work shall be carried out at the rate determined by the designated

official on the basis of the prevailing market rates where the work was done

(c) If the rates for the altered additional or substituted work cannot be determined in the

manner specified above then the contractor shall within 7 days of the date of receipt of

order to carry out the work inform the Designated official of the rate which it is his

intention to charge for such class of work supported by analysis of the rate or rates

claimed and the designated official shall determine the rates on the basis of prevailing

market price and pay the contractor accordingly However the Designated official by

notice in writing will be at liberty to cancel his order to carry out such class of work and

arrange to carry it out in such manner as he may consider advisable

98 The quantum of work mentioned in the tender is approximate and subject to vary

However for evaluation purpose the quantum as mentioned in the tender will only be taken

into account

910 The quantum of works (Estimated Cost) of the tender is purely tentative and it can

vary as per requirement of BSNL Mehsana and so successful contractor may not

challenge to BSNL Mehsana in respect to the works of this tender

911 The estimated cost or quantum of work may vary on the basis of actual requirement at

the discretion of GMTD Mehsana limited to + 25 without any change in approved rates

terms amp conditions of contract

10 QUALITY OF WORK

The Company shall be the final judge of the quality of the work and the satisfaction of

the standards in respect thereof set forth in the contract documents Laxity or failure to

enforce compliance with the contract documents by the Company and or its

representative shall not manifest a change or intent or waiver the intention being that

notwithstanding the same the contractor shall be and remain responsible for complete and

proper compliance with the contract documents and the specification therein The

GMTD MEHSANA has the right to prohibit the use of men and any tools materials or

equipments which in his opinion do not produce work or performance meet the

requirement of the contract documents

1l PROTECTION OF WORK

The contractor shall be responsible for all materials equipment furnished or supplied by

the company while in the contractors custody

12 NOTIFICATION

The contractor shall give in writing to the proper person or authority with a copy to the

GMTD MEHSANA such notification as may be mandatory or necessary in connection

with the commencement suspension resumption performance and or completion of the

contracted work All notices shall be given sufficiently in advance of the proposed

operation to permit proper correlation of activities and the contractor shall keep all proper

persons or authority involved regularly advised of the progress or operation through out the

performance of the work together with such other information and or supporting figures

15 Signature of the Contractor

and data as may from time to time as directed or required

13 DELAY IN EXECUTION OF WORK

The Company will make every reasonable effort to furnish the materials required to be

furnished by it under the contract and right of user including the permit required to be

furnished by the Company under the contract and made available in due time so as not to

delay execution of the work The Company will however not be liable to the contractor for

any losses or damages costs charges or expenses that the contractor may in any way

sustain suffer due to delay in making the above available However an extension in time

schedule may be admitted on the above reason

14 SHUT DOWN ON ACCOUNT OF WEATHER CONDITIONS

The contractor shall not be entitled to any compensation whatsoever by reason of

suspension of the whole or any part of the work made necessary by the Company or

deemed advisable on account of bad weather conditions or other unavoidable conditions

15 SECURITY DEPOSIT amp EARNEST MONEY DEPOSIT

EMD (Bid Security) is Rs 9458- amp Performance Security Deposit (PBG) is 10 of

Estimated Tender Cost

151 The security deposit or a part thereof or such balance thereof if any as may remain

after deduction there from in respect of any outstanding bills of the contractor to the

Company shall be paid back to the contractor after termination of contract on expiry of

contract period The contractor shall remain liable to the Company in respect of any

shortfall or discharge of liabilities notwithstanding return of security deposit or any part

thereof The security deposit is required to protect the company against the risk of the

tendererrsquos conduct and breach of contract in which case it would be forfeited without

prejudice to any other action that the company may take against the contractor

152 No interest will be payable on the earnest money or the security deposit or amount

payable to the contractor under the contract

153 Tenderer shall furnish as part of his bid a bid security (Earnest Money Deposit) for a

specified amount The Tenderer (Small scale Units) who are registered with National

Small Scale Industries Corporation under Single Point Registration Scheme are exempted

from bid security (Earnest Money Deposit) up to the amount equal to their monetary limit

In case of Tenderer having monetary limit as no limit the exemption will be limited to Rs

5000000- (Rs Fifty lakhs) only as per the existing policy of Company A proof regarding

current registration with NSIC for the Tendered Item will have to be attached along with

the bid

154 The bid security (Earnest Money Deposit) is required to protect the company against

the risk of tenderers conduct which would warrant the EMD forfeiture pursuant to Para

159

155 The bid security (Earnest Money Deposit) shall be in the form of cash or a Demand

DraftBankerrsquo chequePay order from any NationalizedSchedule Bank payable at

MEHSANA in favour of the AO (cash) BSNL Oo GMTD MEHSANA Payment in any

other form is not acceptable Any Small Scale Industry Firm claiming exemption from the

payment of bid security (Earnest Money Deposit) should submit the copy of the current

registration with National Small Industries Corporation (NSIC) for the tendered items No

16 Signature of the Contractor

interest on bid securityEMD payable

156 A Bid not secured in accordance with Para 153 amp 155 shall be rejected by the

company

157 The bid security (Ernest Money Deposit) of the unsuccessful bidder will be discharged

returned as promptly as possible and no claim whatsoever in this respect would be

entertained

158 The successful bidderrsquos bid security (Earnest Money Deposit) will be returned after

the bidderrsquos acceptance of the tender amp performance security deposit

159 The bid security (Earnest Money Deposit) will be forfeited

a) If the Tenderer withdraws his bid during the period of bid validity specified by

the Tenderer on the Bid form Rate sheet Price Bid or

b) In the case of a successful Tenderer if the bidder fails

i) to sign the Agreement contract amp

ii) to furnish Security Deposit

1510 The performance security deposit (PSD) deposited by the successful bidder in the

form of Cash or in PBG will be released after successful completion of contract and no due

pending against him

16 INSPECTIONS AND TESTING

The GMTD MEHSANA or his representative or any of the officers shall have free

access to the work site at all time for inspection The contractor shall render to the

representative of the company all possible assistants and facilities for the purpose

17 ASSESSMENTS PERMITS LICENCES AND OTHER FACILITIES

17l The contractor shall obtain provide at his own cost all assessments permits and

licenses necessary to do its work

172 The contractor shall be responsible for obtaining at his expense such licenses

permitfacilities as are necessary for the contractor to operate and do business in the

republic of India and in the state in which the work is to be performed

173 The contractor will not be entitled to extra compensation for hardship and increase in

cost Some cases may necessitate special method of execution of work and such

contingency shall deemed to have been provided for in the rates

18 PROTECTION OF LIFE AND PROPERTY AND EXISTING FACILITIES

181 The contractor is fully responsible for taking all possible safety precautions during

preparation for and actual performance of the work

182 The contractor shall undertake to indemnify and keep indemnified the Company from

and against all actions cause of actions damages claims and demand whatsoever either in

law or in inquiry and all losses and damages and costs (inclusive between attorney and

client) charges and expenses in connection there with and or incidental thereto The

contractor shall take all responsibility and risk in the execution of the work

183 It shall be the responsibility of the contractor to see that his employees or any other

person does not misbehave with anybody in company

17 Signature of the Contractor

19 INDEMNITIES

191 The contractor shall at all time hold the Company harmless and indemnify from

against all actions suits proceeding work cost damages charge claims and demand of

every nature and description brought or procured against the Company its officer and

employee and forth with upon demand and without pretest or demur to pay to the

Company any and all losses and damages and cost (inclusive between attorney and client)

and all costs incurred in endorsing this or any other indemnities or security which the

Company may now or at any time have related to the work or the contractors obligations

or in protecting or endorsing its right in any suit or other legal proceeding charges and

liabilities resulting from or incidental or in connection with injury disease or disablement

or death of any person (s) including employee of the contractor or damage to the property

resulting from or arising out of or in any way connected with or incidental to the operator

cause by the contractor documents In addition the contractor shall reimburse the Company

or pay to the Company forthwith on demand without protest or demure all costs charges

and expenses and losses and damages otherwise incurred by it in consequence of any

demands and actions which may be brought against the Company arising out of or

incidental or in connection with the operation covered by the contractor

192 The contractor shall at his own cost at the Company request defend any suit or other

proceeding asserting a claim covered by this indemnity but shall not settle compound or

compromise such suit or other finding without first consulting the Company

20 COMPLIANCE WITH LAW AND REGULATIONS

201 During the performance of the work the contractor shall at his own cost and initiative

fully comply with all applicable law of the land and with any and all applicable by-laws

rules regulations and orders and any other provision having in forces of any Company

Company agencies or department municipal board Company or other regulatory or

authorized body of person and shall provide all certificate of compliance therewith as may

be required by such applicable law by-law rules regulation orders or provision The

contractor shall assume full responsibility for the payment of all contributions and pay roll

taxes as to its employee servants or agent engaged in the performance of the work

specified in the contract documents The contractor require any assignee or sub-contractor

to whom any portion of the work to be performed hereunder may be assigned subleased

or sub-contracted to comply with the provision of the clause and in this connection the

contractor agrees as to undertake to save and hold the Company harmless and indemnified

from and against anyall penalty actions suits losses and damages claims and demands

and cost (inclusive between attorney and client) charges and expenses whatsoever arising

out of occasioned indirectly or directly by failure of the contractor or any assignee or

sub-contractor to make full and proper compliance with the said by-laws rules regulation

law and order and provision as aforesaid

202 Subject to the provisions of the contractor labour (Abolition and regulation Act

1970) the contractor shall not commence actual work unless he produces a receipt from

the concerned licensing authority that he has applied for licensees from the prescribed

licensing authority which may be produced within the period of 15 days or commencing

the work

203 Contractor will have to carry out the work under the rules and regulation of Labour

Act

18 Signature of the Contractor

21 OPTIONAL TERMINATION BY COMPANY (OTHER THAN DUE DEFAULT OF

CONTRACTOR)

211 The Company may at any time at its option cancel and terminate this contract by

written notice to the contractor in which event the contractor shall be entitled for payment

for the work done upto the time of such cancellation

212 In the event of the termination of the contract the contractor shall forthwith hand over

possession of the EPBT amp CLIP Concerned to the company or as the company may direct

213 The Company may at its option cancel or omit the execution of one or more items

of work under this contract and any part of such item(s) without any compensation

whatsoever to the contractor

22 TAXES AND DUTIES

Contractor shall pay all rates levies fees royalties taxes and duties except service tax

payable or arising from out of by virtue of or in connection withor incidental to the

contract or any of the parties in terms of the contract documents andor in respect of the

works or operation(s) or any part thereof to be performed by the contractor and the

contractor shall indemnify and keep indemnified the company from and against the same

or any default by the contractor in the payment thereof other taxes imposed by the

Government will be borne by the contractors Service tax will be paid by BSNL provided

that service tax particulars supplied amp claimed in bills

23 BREACH OF CONTRACT

The Designated officialnominated representative may without prejudice to his right

against the contractor in respect of any delay or inferior workmanship or otherwise or to

any claims of damage in respect of any breaches of the contract and without prejudice to

any rights or remedies under any of the provisions of this contract or otherwise and

whether the date for completion has or has not elapsed by notice in writing absolutely

determine the contract in any of the following cases -

(i) If the contractor having been given by the designated official nominated

representative a notice in writing to rectify reconstruct or replace any defective work or

that the work is being performed in any inefficient or otherwise improper or un work

manlike manner shall omit to comply with the requirements of such notice for a period of

fifteen days thereafter or if the contractor shall delay or suspend the execution of the work

so that either in the judgment of the Designated official (which shall be final and binding)

he will be unable to secure completion of the work by the date for completion or he has

already failed to complete the work by that date

(ii) If the contractor being a company shall pass a resolution or the court shall make an

order that the company shall be wound up or if a receiver or a manager on behalf of a

creditor shall be appointed or if circumstances shall arise which entitle the court or creditor

to appoint a receiver or a manager or which entitle the court to make a winding up order

(iii) If the contractor commits breach of any of the terms and conditions of this contract

(iv) If the contractor commits any acts mentioned in clause thereof

24 When the contractor has made himself liable for action under any of the aforesaid

19 Signature of the Contractor

clauses the Designated official on behalf of the company shall have powers -

(a) To determine or rescind or terminate the contract as aforesaid (of which termination

or rescission notice in writing to the contractor under the hand of the Designated

officialnominated representative shall be conclusive evidence) Upon such determination

or rescission the Security deposit of the contractor shall be liable to be forfeited and shall

be absolutely at the disposal of Company Notice for period of 15days will be received

from the date of issue of notice

(b) To employ other agency paid by the company and to supply materials to carry out the

works or part of the work debiting the contractor with the cost of the work and the price of

the materials (of the amount of which cost and price certified by the Designated official

shall be final and conclusive against the contractor) and crediting him with the value of the

work done in all respects in the same manner and the rates as if it had been carried out by

the contractor under the terms of the contract The certificate of the GMTD-MEHSANA as

to the value of the work done shall be final and conclusive against the contractor provided

always that action under the sub-clause shall only be taken after giving notice in writing to

the contractor Provided also that if the expenses incurred by the company are less than the

amount payable to the contractor at his agreement rates the difference should not be paid

to the contractor

(c) After giving notice to the contractor to measure up the work of the contractor and to

take such part thereof as shall be unexecuted out of his hands and to give it to another

contractor to complete in which case any expenses which may be incurred in excess of the

sum which would have been paid to the original contractor if the whole work has been

executed by him (of the amount of which excess the certificate in writing of the Designated

official shall be final and conclusive) shall be borne and paid by the original contractor and

may be deducted from any money due to him by company under this con tract or on any

other account whatsoever or from his security deposit or the proceeds of sales thereof or a

sufficient part thereof as the case may be

25 In the event of any one or more of the above courses being adopted by Designated

official the contractor shall have no claim to compensation for any loss sustained by him

by reason of his having purely leased or procured any materials or equipment or entered

into any agreement or made any advances account or with a view to the execution or the

work or the performance of the contract and in case action is taken under any of the

provisions aforesaid the contractor shall not be entitled to recover or be paid any sum for

any work thereto or actually performed under this contract unless and until Designated

official has certified in writing the performance of such work and the value payable in

respect thereof and he shall only be entitled to be paid the value so certified

26 In any case in which any of the powers conferred upon the Designated official by

clause 24 thereof shall have become exercisable and the same shall not be exercised the

non exercise thereof shall not constitute a waiver of any of the conditions hereof and such

powers shall notwithstanding be exercisable in the event of any future case of default by

the contractor and the liability of the contractor for compensation shall remain unaffected

In the event of the Designated official putting in force all or any of the powers vested in

him under the proceeding clause he may if he so desires after giving a notice in writing to

the contractor take possession of (or at the sole discretion of the Designated official which

shall be final) use as on hire (the amount of the hire money being also in the final

determination of the Designated official) all or any tools materials and stores in or upon

the works or the materials belonging to the contractor or procured by the contractor and

20 Signature of the Contractor

intended to be used for the execution of the contract or any part thereof paying or

allowing for the same amount at the contract rates or in the case of these not being

applicable at current market rates to be certified by the Designated official whose

certificate thereof shall be final otherwise the Designated official by notice in writing may

order the contractor or his clerk of the works foremen or other authorized agent to remove

such tools plants materials stores from the premises (within and time to be specified to

comply with any such requisition the Designated official may remove them all at

contractors expense or sell them by auction or private sale on account of the contractor and

it his risk in all respects and the certificate of the Designated official as to the expense of

any such removal and the amount of the proceeds and expenses of any such sale shall be

final and conclusive against the contractor

27 If the contractor shall desire an extension of time for completion of the work on the

grounds of his having been unavoidably hindered in its execution or on any other ground

he shall apply in writing to the Designated official within seven days of the date of

hindrance on account of which he desired such extension as aforesaid and the Designated

official shall if in his opinion (which shall be final) reasonable grounds be shown

therefore authorize such extension of time if any as may in his opinion be necessary or

proper

28 If at any time after the commencement of the work the company for any reason

whatsoever not require the whole thereof as specified in the tender to be carried out the

Designated official shall give notice in writing of the fact to the contractor who shall have

no claim to any payment of compensation whatsoever on account of any profit or

advantage which he might have derived from the execution of the work in full but which

he did not derive in consequence of the full amount of the work not having been carried

out neither shall he have any claim for compensation by reason of any alterations having

been made in the original specifications drawings designs and instructions which shall

involve any curtailment of the work as originally contemplated

29 INSPECTION

All work under or in course of execution or executed in pursuance of the contract shall at

all times be open to the inspection and supervision of the Designated official and his

authorized subordinates and the contractor shall at all times during the usual working hours

and at all other times at which reasonable notice of the intention of the Designated official

or his subordinate visit the works shall have been given to the contractor either himself be

present to receive order and instructions or have a responsible agent duly a credited in

writing present for that purpose Orders given to the contractors agent shall be considered

to have the same force as if they had been given to the contractor himself

30 WORKMENS COMPENSATION

In every case in which by virtue of the provisions of section 12 sub-section

(i) of the workmenrsquos compensation Act 1923 Company is obliged to pay compensation to

a workman employed by the contractor in execution of the works Company will recover

from the contractor the amount of the compensation so paid and without prejudice to the

rights of the Company under section 12 Sub section

(ii) of the said Act Company shall be at liberty to recover such amount or any part thereof

by deducting it from the security deposit or from any sum due by the company to the

contractor whether under this contract or otherwise Company shall not be bound to contest

21 Signature of the Contractor

any claim made against it under section-12 subsection (i) of the said Act except on the

written request of the contractor and upon his giving to company full security for all costs

for which Company might become liable in consequence of contesting such claim

31 LABOUR WELFARE

311 In every case in which by virtue of the provisions of the contract Labour (Regulation

and Abolition) Act 1970 and of the contract labour (Regulation and abolition) Central

Rules 1971 Company is liable to pay any amounts of wages to a workman employed by

the contractor in execution of the works or to incur any expenditure in providing welfare

and health amenities required to be provided under the above said Act and the Rules under

clause 19 to 19 J and 20 of PWD-8 or under the CPWD Contractors Labour

Regulations or under the Rules framed by Government from time to time for the

protection of health and sanitary arrangements for workers employed by CPWD

contractors company will recover from the contractor the amount of wages so paid or the

amount of expenditure so incurred and without prejudice to the right of the Government

under section 20 sub-section (ii) and section 21 sub-section (4) of the contractor Labour

(Regulation and Abolition) Act 1970 company shall be at liberty to recover such amount or

any part thereof by deducting it from the security deposit or from any sum due by the

company to the contractor whether under this agreement or otherwise company shall not

be bound to contest any claim made against it under section 20 except on the written

request of the contractor and upon his giving to the company full security for all costs for

which Government might become liable in contesting such claim

312 The contractor shall obtain a valid licence (If required depending upon the number of

persons engaged and the nature of the work intended) under the contract Labour (RampA)

Act 1970 and the contract labour (R amp A) Central Rules 1971 before the commencement

of the work and continue to have a valid license until the completion of the work

313 Any failure to fulfill this requirement shall attract the penal provisions of this

contract arising out of the resultant non-execution of the work

314 No person below the age of (18) eighteen years shall be employed on the work

32 FAIR WAGES

(a) The contractor shall pay to persons employed by him either directly or through sub-

contractor wages not less than fair wages as defined in the CPWD Contractors Labour

(Regulations and Abolition) Act 1970 and the contract labour (Regulation and Abolition)

Central Rules 1971 wherever applicable

(b) The contractor shall notwithstanding the previsions of any contract to the contrary

cause to be paid fair wages to persons indirectly engaged on the work including any

labour engaged by his sub contractor in connection with the said work as if the labour had

been immediately employed by him

(c) The General Manager Telecom District MEHSANA or his subordinate officer

concerned shall have the right to deduct from the money due to the contractor any sum

required or estimated to be required for making good the loss suffered by a worker or

workers by reasons of non-fulfillment of the conditions of the contract for the benefit of

the workers non payment of wages or of deduction made from his or their wages are not

justified by their terms of the contract or non-observance of the Regulations

22 Signature of the Contractor

(d) The contractor shall comply with the provisions of the payment of wages Act 1936

Minimum wages Act 1948 Employees Liability Act 1938 Workmenrsquos compensation Act

1923 Industrial Disputes Act 1947 Maternity Benefits Act 1961 and the contractorrsquos

Labour (regulation and abolition) Act 1970 or the modifications there of or any other laws

relating thereto and the rules made there under from time to time

(e) The contractor shall indemnify Government against payments to be made under and

for the observance of the laws aforesaid without prejudice to his right to claim indemnity

from his sub-contractors

(f) The regulations aforesaid shall be deemed to be a part of this contract and any breach

thereof shall be deemed to be a breach of this contract

33 OTHER LABOUR WELFARE MEASURES

The contractor shall comply with all the provision of the Minimum wages Act 1948

Contractor Labour (R amp A) Act 1970 and rules framed and other labour laws affecting

contract labour that may be brought into force from time to time

34 The contract shall not assign or sublet without the written approval of the GMTD

MEHSANA or his nominated representative and if the contractor shall assign or sublet his

contract or attempt so to do or become insolvent or commence any insolvency proceeding

or make any composition with his creditors or attempt so to do or if any bribe gratuity

gift loan perquisite reward or advantage pecuniary or otherwise shall either directly or

indirectly be given promised or offered by the contractor or any of his servants or agent to

any public officer or person in the employ of Government in any way relating of his office

or employment or if any such officer or person shall become in any way directly or

indirectly interested in the contract the Designated official on behalf of the President of

India shall have power to adopt any of the coursed specified in clause 24 as he may deem

best suited in the interest of Government and in the event of any of these course being

adopted the consequences specified in the said clause 24

35 All sums payable by way of compensation under any of these conditions shall be

considered as reasonable compensation to be applied to the use of Government without

reference to the actual loss or damage sustained and whether or not any damage shall have

been sustained

36 PARTNERSHIP FIRMS

Where the contractor is a partnership firm the previous approval in writing of the

Designated officialnominated representative shall be obtained before any change is made

in the constitution of the firm Where the contractor is an individual or a Hindu undivided

family business concern such approval as aforesaid shall like wise be obtained before the

contractor enters into any partnership agreement where under the partnership firm would

have the right to carry out the work hereby undertaken by the contractor If previous

approval as aforesaid is not obtained the contract shall be deemed to have been assigned in

contravention of Clause hereof and the same action may be taken and the same

consequence shall ensure as provided in the said clause

37 All works to be executed under the contact shall be executed under the direction and

subject to the approval in all respected of the Designated official who shall be entitled to

direct at what point or points and in what manner they are to be commenced and from time

to time carried on

23 Signature of the Contractor

38 Whenever any claim against the contractor for the payment of a sum or money arises

out of or under the contract Government shall be entitled to recover such sum by

appropriating in part or whole the security deposit of the contractor and to sell any

Government Promissory Notes etc forming the whole or part of such security In the event

of the security being insufficient or if no security has been taken from the contractor then

the balance or the total sum recoverable as the case may be shall be deducted from any

sum then due or which at any time thereafter may become due to the contractor under this

or any other contract with Government Should this sum be not sufficient to cover the full

amount recoverable the contract shall pay to Government on demand the balance

remaining dues

39 AUDITS AND TECHNICAL EXAMINATION

391 Company shall have the right to cause an audit and technical examination of the

works and the final bills of the contractor including all supporting vouchers abstract etc to

be made after payment of the final bill and if as a result of such audit and technical

examination any sum is found to have been overpaid in respect of any work done by the

contractor under the contract or any work claimed by him to have been done by him under

the contract and found to have amount of over payment and it shall be liable to refund the

amount of over payment and it shall be lawful for Company to recover the same from him

in the manner prescribed or in any other manner legally permissible and if it is found that

the contractor was paid less than what was due to him under the contract in respect of any

work executed by him under it the amount of such under payment shall be duly paid by

Company to the contractor

392 Any sum of money due and payable to the contractor (including Security Deposit

returnable to him) under this contract may be appropriated by the Company and set off

against any claim of the Company for the payment of a sum or money arising out of or

under any other contract made by the contractor with the Company

40 Contractor shall not enter into agreement with any other unit on approved tender of

GMTD MEHSANA without prior approval of the General Manager Telecom District

MEHSANA

41 Without prejudice to any of the rights or remedies under this contract if the contractor

dies the GMTD MEHSANA on behalf of the company shall have the option of

terminating the contract without compensation to the contractor

42 No Engineer of gazetted rank or other gazetted officer employed in Engineering or

administrative duties in an Engineering Department of the Government of India is allowed

to work as contractor for a period of two years of his retirement from Government service

without the prior permission of Government of India This contract is liable to be canceled

if either person who had not obtained the permission of Government of India as aforesaid

before submission of the tender or engagement in the contractors service as the case may

be

43 COMPENSATION FOR DELAY The time allowed for carrying out the work as

mentioned shall be strictly observed by the contractor and shall be deemed to be of the

essence of the contract on the part of the contractor However for special jobs if the

contractor has submitted a time schedule and the same has been accepted by the designated

officialnominated representative of the company the contractor shall comply with the

said time schedule

24 Signature of the Contractor

44 TIME LIMIT amp LIQUIDATED DAMAGE CHARGES

441 It will be at the discretion of the GMTD MEHSANA to revise or modify or extend

the time limits specified for the total work awarded to the contractor or to further specify

the quantum of work to be completed within a specified period provided a written request

has been received from the contractor explaining the reasons for which such extension of

time is asked for and the GMTD MEHSANA in the particular case is convinced and

satisfied that such extension or revision or modification is in the interest of the

Government In such cases payment of liquidated damage as compensation for delay

becomes liable based on such revised or modified or extended time limits and the

conditions under which such extension or modification or revision has been made

Liquidated damage will be charged as per Special Condition clause No2 amp 3 read as

under

1 Delay in collection - Rs5- per instrument per week or part there of for entire lot of

unserviceable instruments collected delayed subject to a maximum Rs20- per instrument

in case timely collection is not done as per 2(b) of special conditions

2 Delay in delivery- Rs2- per week or part there of on the entire lot of instruments

delivered delayed in case of delivery not made timely as per Para 3 of Special conditions

442 The contractor shall have to complete the contractual work within stipulated period

and it is very clearly understood between the parties that the time is made the essence of

contract

45 The Company assumes no responsibility whatever for any oral understandings or

representations made by any its officers or agents or servants prior to the execution of the

contract and all previous negotiations and understandings are hereby canceled

46 STORERSMATERIAL SUPPLIED BY THE GOVERNMENT

All materials supplied to the contractor by the company shall remain the absolute

property of Company and shall not be removed from site of the work except for use in the

work and shall be at all times open to inspection by Designated official

47 In the event of the contractor being adjudged insolvent or going voluntarily into

liquidation or having received order or other order under insolvency Act made against him

or in the case of a company of the passing of any resolution or making of any order for

winding up weather voluntarily or otherwise or in the event of the contractor failing to

comply with any of the conditions herein specified the GMTDMEHSANA shall have

the power to terminate the contract without previous notice

48 ACCEPTANCES AND MEASUREMENT

481 It is important that the work carried out by contractor is approved by the designated

official nominated representative of the company

482 The designated official nominated representative of the Govt and the contractor or

his authorized representative will certify under their signature at the appropriate places that

the work carried out is as per the specification

49 PRICE VARIATION

25 Signature of the Contractor

The Company shall not be responsible for any escalation in prices of labour or materials

machinery equipment etc whatsoever or any increase in any duties levies or taxes in

respect thereof whatsoever and the contractor rates and contractors obligations shall

remain unaffected by such escalation and or increases

50 FORCE MAJEURE

In the event of either party being rendered unable by force majeure to perform this

contract than the obligations of the party effected by such force majeure shall be

suspended for the whole period during which such cause lasts and until normal operation

are resumed and when such cause ends the execution of this contract must be resumed

with all responsible dispatch should the execution of this contract be suspended by force

majeure than a corresponding extension of the completion date shall be automatically

granted The occurrence of a cause of force majeure however shall not relieve the

company and its obligation to make payment to the contractor for the work satisfactorily

executed prior thereto The terms force majeure as employed herein shall mean act of God

war declared or undeclared hostilities enemy actions revolts riots legal lock outs and

eligible strikes tidal waves forest fires major floods explosions earth quakes epidemics

sabotage extra ordinary act and Regulation of central or state Government or Municipality

Bodies Upon the occurrence of such causes and its termination the parties rendered unable

as aforesaid shall notified the other party in writing within 72 hours of the beginning and

ending dates giving full particulars and evidences if required

51 PAYMENTS

The contractor shall prepare the bills claiming shown as labour cost and material cost

separately The contractor shall submit the bills within 30 days after completion of the

work duly certified by the designated officialnominated representative of company

GMTD MEHSANA has full right to disallow the payment of the bills received after 30

days of completion of work

52 The GMTD MEHSANA may however at his discretion allow the contractor to

submit fortnightly bills or at the end of each work

53Income tax at the rate in force at that time would be deducted from his payments of bills

as Tax deducted at source However if any new legislation comes into effect for

deduction of tax at source at any other rate deduction will be made at that rate

The GMTD MEHSANA will issue necessary Income tax deduction certificate or the

Accounts Officer detailing the amount so deducted As Tax Deducted at Source at the time

of payment or each bill

54 The Tenderer should submit all requisite documents including EPF related documents

as per clause in tender terms amp conditions and special conditions along with the bill if

applicable

55 PAYMENT PROCEDURE

551 The bills are to be submitted in TRIPLICATE and in the manner and form that may

be prescribed by the GMTD MEHSANA from time to time ldquoAccounts Payeerdquo cheque

for amount passed in the bill will be issued only after the contractor gives a stamped

receipt for the amount unless the bills are pre-receipt Only Accounts Payee Cheques

drawn on the branch of the state bank of India or other bank in which the GMTD or the

26 Signature of the Contractor

Accounts Officer may be having drawing assignment account will make payments The

payments will be made either by the Accounts Officer or by any other official who at any

period of time may be convenient to the company

552 Any liquidated damages due shall also be recoverable from the bills submitted for the

payment by the aforesaid officer

553 The security deposit with the GMTD Shall be considered for adjustment against

liquidated damages only at the time of final conclusion of the contract and final settlement

of account

554 The GMTD MEHSANA will have e the right to recover liquidated damages for

delay or slow progress of the works from the bills submitted for payment

555 The final settlement of the bills and refund adjustmentappropriation of any amount

detained from the running bill of the contractor shall be made fully after the GMTD is

satisfied that all the contractual obligation have been fully met and no amount remain due

for recovery from the contractor on any count Unless there are specific reasons all

accounts are expected to be settled within a period of six months from the date of

completion of the works in all respects

56 FINAL ACCEPTANCE

If any of the work is found to be unsatisfactory by the designated officialnominated

representative of the govt the contractor shall be intimated in writing of the corrections

repairing to be carried out The contractor shall be required to correct all defects that

remain evident at any time prior to final acceptance of the contractors works by the

GMTD MEHSANA The cost of all such repairs and corrections shall be borne by the

contractor Failure or neglect on the part of the GMTD MEHSANA or his representative

to confirm or reject inferior work notwithstanding final acceptance of the work or any part

thereof by the company THE GMTD MEHSANA Designated official or his

representative shall not be construed to imply the acceptance of such work The provision

of this clause shall not in any way affect or limit the contractors liability under the

undertaking and guarantee contained in the contract documents

57 DISPUTES AND ARBITRATION

All dispute arising between the contractor and GMTD MEHSANA out of this contract

shall be referred to the sole arbitration in the following manners -

a) In case parties are unable to reach a settlement by themselves the dispute should be

submitted for arbitration in accordance with contract agreement

b) There should not be a joint submission with the contractor to the sole arbitrator

c) Each party should submit its own claimed severely and may oppose the claim put

forward by the other party

d) The onus of establishing his claims will be left to the contractor

e) His claim will be firmly resisted by utilizing all the evidence available with the

company

27 Signature of the Contractor

f) Once a claim has been included in the submission by the contractor a retraction or

modification thereof will be opposed

g) The Point of Defense will be based on actual condition of the contract

h) The question whether these conditions are equitable shall not receive any consideration

in the preparation of Points of Defense

i) The arbitrator shall not entertain claims in the nature of ex-gratia payments as these

are not contractual

j) If the contractor including such claims in his submission the fact that they are not

contractual will be prominently placed before the arbitrator

k) In case the amount involved is heavy the sole arbitrator may be within his rights to

conduct the defense by the government pleader

The award of the sole arbitrator shall be final and binding on the parties to the dispute It

is further agreed that reference to the sole arbitration of officer appointed as arbitrator is

conditions precedent and none will be entitled to move the court without referring the

matter to sole arbitrator

58 Contractor should produce latest Income Tax CertificateSales Tax registration

certificate

59GMTD Mehsana reserves the rights to terminate RRC for breach of

conditionconditions of the agreement after giving a show cause notice of 14 days and after

examining reply if any filed by him pursuance to show cause notice

60 GMTD Mehsana reserves the rights to engaged one or more contractors for this work

61 Rates to be quoted in ANNEXURE ndash III Financial Bid in separate sealed cover and

declaration to be given in ANNEXURE-II-A amp ANNEXURE ndash II B duly signed by all

partnersdirectors of the companyfirm

28 Signature of the Contractor

SECTION ndash V

SPCECIAL CONDITIONS

Work Orders shall be issued by concerned SDE approved by DE

1 Scope of the work Repairing of faulty electronic CLIP push button telephone

instruments buttons key including plan instrument It shall cover all instruments

including those having PCB Display of CLI and burnt out due to their connections

to powers inadvertently but excluding PBT with bakelite portion broken

discolored

2 Collection of faulty instruments

A For lifting of faulty instruments the minimum lot size will be of 20 units

the SDEexchange in charge will intimate the quantity of faulty instruments

accumulated with him over telephone or by FAX to the contractor

B The contractor shall ensure the collection of the faulty instruments within

three working days of the date at giving work order or intimation over telephone or

by FAX on working days between 10 AM to 17 PM at his cost

C The contractor shall acknowledge the receipt of the faulty instruments made

over to him

3 Duration of repair

A The contractor shall repair the faulty instruments at his own work-shop and

return the same to SDEexchange in-charge concerned at his own cost within one

week of its collection (for calculating one week the day of collection and day of

handing over will be inclusive)

B After carrying out repairs of the faulty instruments the contractor shall

offer the instruments to SDEExchange in-charge or JTO nominated by him for

inspection and testing one day before the expiry of schedule delivery date The

decision of the inspecting officer as to accept the repaired instruments will be final

and binding on contractor

C The contractor shall pack each repaired instrument suitably in a

polythene bag after polishingbuffing while returning them to SDE

D The contractor shall paste stiker with date of repairing on back side of

each repaired instrument while returning them to SDE

E The repaired instruments shall be returned back to the same SDEExchange

in-charge unless specified otherwise from where these instruments were collected

for repairs

4 Warranty repair

The contractor will undertake quality repair which will ensure the normal

troubledefect free performance of the instruments for a period of 12 months from

the date of inspection and clearance In case the repaired instruments develops

any defect or any deficiency or fault ie it becomes faulty during the warranty

29 Signature of the Contractor

period the contractor shall rectify repair and remedy such defects deficiency in the

repaired instruments at his own cost and expenses

5 A Method of evaluation

Tenders will be evaluated with reference to the total cost worked out by

multiplying rates quoted by Tenderer with approximate number of EPBT amp

CLIP Instruments as shown in the price bid

B Reports

1 The contractor shall furnish a summary of fault found and namedetails of

the components replaced in the instruments repaired while offering them for

inspection

2 The contractor shall also furnish a quarterly analysis of faulty and repaired

batch wise as per Annexure-I

6 Quality of components

The contractor shall use good quality components for repairs of the instruments

The replaced parts should be purchased by the contractor from DOT approved

source s

7 Liquidated damage

1 Delay in collection Rs 5- per instruments per week or part thereof for

entire lot of unserviceable instruments collected delayed subject to a

maximum of Rs 20- per instruments In case timely collection is not don as

per Para 2(B) above

2 Delay in delivery Rs2 per instrument per week or part thereof on the

entire lot of instruments delivered delayed in case delivery not made timely

as per Para 3 above

8 Quantum of EMD and PSD

EMD as per NIT - to be paid either in cash or in form of DDBankerrsquos

ChequePay Order from NationalizedScheduled Bank in favour of Accounts

Officer (Cash) BSNL Oo GMTD ndash Mehsana payable at Mehsana

Performance Security Deposit 10 of estimated cost of tender payable either in cash or DD or in form of Bank guarantee

from Nationalized BankScheduled Bank for a period of 24 months which will be released or refunded after successful

completion of contract and no due pending against contractor 9 Extension of validity of RRC period Period of RRC will normally

be one year However GMTD Mehsana reserves the right to extend it for a further period of six months or one year or part

there of under the same rates and terms and conditions

Estimated cost for the second year or part there of shall be considered same as approved for first year or part

there of on pro-rata basis

30 Signature of the Contractor

10 Eligibility The bidder should have

Experience of repairing of CLIP or EPBT Instruments in DOTBSNLGovt

PSU Private SectorFirm for one year during last five years as per NIT

11 Documents to be submitted with Technical Bid (Qualifying Bid) to establish

their eligibility for bidding

111 Experience certificate (self attested copy) issued by not below the rank of DEAGM in

DOTBSNLGovtPSUPrivate SectorFirm as required under clause 10 above

112 Self attested Copy of registration of firm (not required for proprietorship)

113 For EPF particulars submit the EPF registration certificate if applicable

(If not applicable submit the clarification as to how not applicable and submit

undertaking on Non judicial stamp paper of Rs 50- regarding submission of it within

one month after the agreement with BSNL Mehsana) If the firms which are under

partnership deed Company Pvt Ltd shall have to submit EPF registration certificate

If not obtain they shall have to obtain the earliest and latest by the time of agreement

They shall have to submit necessary undertaking certificate for this in ANNEXURE-

VI

114 Self attested Copy of Registration particulars with Central Excise for Service Tax If

undertaking is given he shall have to submit within one month before agreement failing

which there will be no agreement (If Service tax is not applicable he shall have to

submit reasons as to how it is not applicable)

115 Partnership deed amp power of attorney who has signed the bid (self attested copy) if

applicable

116 Bio-data of Tenderer in ANNAXURE--IV

117 Declaration to be given in ANNEXURE-II A amp II B

12 Rates to be quoted in ANNEXURE-III In Financial Bid to be submitted separately

in sealed cover

13 GMTD Mehsana reserves the rights to terminate RRC for breach of condition

conditions of the agreement after giving a show cause notice of 14 days and after

examination reply if any filled by him pursuance to show cause notice

14 EPF contribution in respect of LabourEmployees employed by the contractor for

execution of works of BSNL if applicable The contractor will have to

fulfillcompliance of the provisions of EPF amp Misc provisions Act1952 amp Employees

provident fund scheme-1952 by the contractor in respect of LaboursEmployees

engaged by them for performing the work of BSNL while submitting the claim of bills

towards works executed by him if applicable he must accompany the

i List showing the details of LaboursEmployees engaged

ii Duration of their engagement

iii The amount of wages paid to such LaboursEmployees for the duration in question

iv Amount of EPF contribution (both employees amp employers contribution) for the

duration of engagement in question paid to the EPF authorities

31 Signature of the Contractor

v Copies of authenticated documents of payments of such contributions to

EPF authorities and a declaration for compliance of EPF Act 1952

15 The BSNL reserves the right to disqualify such bidders who have a record of not

meeting contractual obligation against earlier contracts entered into with the

BSNL MEHSANA

16 Multiple Vendor System -The BSNL Mehsana intends to limit the number

of technically amp commercially responsive bidders to (Maximum three) from

the list of such bidders arranged in increasing order of their evaluated rate

starting from the lowest for the purpose of award of work against this

tender The distribution of quantum of work among the bidders is as per

clause of Section ndash of tender document

ldquoHowever SSA Head Mehsana reserve the right for the award of contract amp

work of entire tendered quantity to the bidder with the lowest evaluated

ratesrdquo

17 NOTE-

Tender documents containing detailed description of work terms amp conditions can be

had from Asstt General Manager (MM) Oo GMTD Mehsana 2nd Floor Admn

Building Sanchar Bhawan Pilaji Ganj Mehsana-384001 between 10=00 hours to

17=00 hours from 26102016 to 17112016 on all working days

Asstt General Manager (MM) Oo GMTD Mehsana ndash 384001

32 Signature of the Contractor

SECTION ndashVI

1 Specification and Tentative Quantum of work for repairing of EPBT amp

CLIP (approximate)

Sr

No

Name of SDE Unit

[Concern Supervising

Authority]

Quantum of Works for Tender for repairing

of EPBT amp CLIP Instruments [In No]

CLIP Inst EPBT

Inst

Buttons

Key

Plan Inst

1 SDE P MEHSANA 750 900 3 5

2 SDE G MEHSANA 225 250 5 0

3 SDE G CHANASAMA 100 0 5 0

4 SDE G CHHATRAL 350 200 0 0

5 SDEP KADI 50 0 0 0

6 SDEG KADI 50 0 0 0

7 SDEP KALOL 750 450 7 0

8 SDEG KALOL 150 50 0 0

9 SDEP VIJAPUR 60 85 2 0

10 SDEG VIJAPUR 75 95 2 0

11 SDEG MNSGZR 50 80 3 0

12 SDEG KUKARWADA 50 75 2 0

13 SDEP VISNAGAR 350 200 5 0

14 SDEG VISNAGAR 150 75 4 0

15 SDEG VADNAGAR 100 25 4 0

16 SDEG SATLASANA 75 40 3 0

17 SDEG KHERALU 100 50 3 0

18 SDEP UNJHA 500 400 3 0

19 SDEG UNJHA 100 113 2 0

20 SDEP SIDHPUR 450 300 3 0

21 SDEG SIDHPUR 200 200 5 0

22 SDEP PATAN 350 150 5 0

23 SDEG PATAN 100 50 5 0

24 SDEG HRJSAMI 100 50 4 0

Total 5235 3838 75 5

33 Signature of the Contractor

SECTION ndashVII

STANDARD SCHEDULE OF RATE (SOR) FOR REPARING OF EPBT

AND CLIP INSTRUMENT IN MEHSANA TELECOM DISTRICT (MEHSANA SSA)

To

GMTD Mehsana

Sub - Our Financial Bid for repairing of EPBT amp CLIP Instruments in Mehsana SSA

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Sir

Having examined the tender documents terms amp conditions specification of work

stipulated there in IWe the undersigned offer our rates in percentage as under

Brief description of items for

Repairing under ARC

Approx Quantity to be

repaired under ARC

SOR Per Instrument

(a) (b) (c)

(1) Repairing of CLIP Telephones

instruments

5235 No Rs 55-

(2) Repairing of Electronics Push

Button Telephones (EPBT)

3838 No Rs 23-

(3) Repairing of Buttons Key

75 No Rs 26-

(3) Repairing of Plan Instruments

5 No Rs 39-

Note- The Quantity of Clip instrument ( 5500) may be consider which AMC will be expired as per given below -

(1) AMC of 1400 PTPL instrument may be expired on 23092016

(2) AMC of 3100 PTPL instrument may be expired on 21012017

(3) AMC of 1000 PTPL instrument may be expired on 25032017

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

34 Signature of the Contractor

ANNEXURE-I

Fault analysis report of instruments of quarter ending

No of faulty

instruments

with

contractor at

the

beginning of

the period

No of faulty instruments

received by contractor

during the quarter

No of faulty instruments

repaired and returned to

Depot officer

CF No of

faulty

instruments

with

contractor

In warranty Out of

warranty

In warranty Out of

warranty

1

2

Nature of Fault

Type No Of instruments

No

dial

tone

Dial

faulty

No

ring

Poor

speechdisturbance

Dead Display

Fault

No fault

foundMisc

In

warrant

Out of

warranty

Repairing carried out

Type Faults in

TransmitterReceiver Ringer Contract

foil

PCB

Fault

Disply No fault

foundMisc

In

warrant

Out of

warranty

35 Signature of the Contractor

ANNEXURE ndashII

DECLARATION

(TO BE SUBMITTED WITH TECHNICAL BID)

IWe hereby declare that IWe have carefully gone through the Terms amp Conditions of

Tender Notice Invited vide No MMTenderMehsana2016-1706 Dated 26102016 in

detail and agree to the rate submitted by MeUs in the rate sheet and IWe agree in full to

abide by them

1) Signature of the Party ___________________________________

Full Name ___________________________________

(In block letter) ___________________________________

2) Full address ___________________________________

___________________________________

___________________________________

___________________________________

Tele No (O)________________________________

(R)________________________________

3) Capacity in which the __________________________________

Tender is signed

Rubber stamp is required) __________________________________

__________________________________

Date Signature of the Tenderer with seal

36 Signature of the Contractor

ANNEXURE ndash IV

DECLARATION REGARDING EPF TO BE GIVEN ON NON-JUDICIAL STAMPS

PAPER OF RS 100-

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

I helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipProprietor of

Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip do here by declare

that I am the proprietor of my above firm I am carrying out the repairing of

EPBT amp CLIP my self I do not engage labour So EPF is not applicable to

me

However the decision of the competent authority shall be binding to me in

this regard

Name of the Bidder

Signature of the Bidder with Seal

37 Signature of the Contractor

ANNEXURE ndash V

Undertaking to be given for compliance of EPF Registration certificate

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

We the partners Directors of the firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Do here by undertake that if our tender is accepted we will submit the EPF Registration

certification at the earliest latest by one month after the agreement carried out with the

BSNL Mehsana for execution of works for repairing of EPBT amp CLIP Instruments in

Mehsana SSA failing which the decision of the competent authority will be binding on us

To be signed by all Partners directors

38 Signature of the Contractor

ANNEXURE ndash VI

LETTEROF AUTHORISATION FOR ATTENDING BID OPENING

Tender Number MMTenderMehsana2016-1706 Dated 26102016

Subject Authorisation for attending bid opening on___________________(date) the

tender of following persons are hereby authorised to attend the bid opening

for the tender mentioned above on behalf of ______________________

(Bidder) in order of preference given below

Order of Preference Name

Specimen Signatures

I

II

Alternate

Representative

Signatures of

bidder

Or

Officer authorised to sign the bid

Documents on behalf of the bidder

No 1 Maximum of two representatives will be permitted to attend bid opening In

case where it is restricted to one first preference will be allowed Alternate

representative will be permitted when regular representatives are not to able

attending

2 Permission for entry to the hall where bids are opened may be refused in case

authorisation as prescribed above is not recovered

39 Signature of the Contractor

ANNEXURE ndash VII

INTEGRITY PACT

Between

Bharat Sanchar Nigam Limited (BSNL) GMTD-Mehsana hereinafter referred to as ldquoThe

Principalrdquo

And

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphereinafter referred to as ldquoThe BidderContractorrdquo

Preamble

The Principal intends to award under laid down organizational procedures contracts for --

----------------------------------------- The Principal values full compliance with all relevant

laws and regulations and the principles of economic use of resources and of fairness and

transparency in its relations with its Bidders and Contractors

In order to achieve these goals the Principal will appoint an Independent External Monitor

who will monitor the tender process and the execution of the contract for compliance with

the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to

observe the following principles -

(a) No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for

or accept for himherself or third person any material or immaterial benefit which heshe

is not legally entitled to

(b) The Principal will during the tender process treat all Bidder(s) with equity and reason

The Principal will in particular before and during the tender process provide to all

Bidder(s) the same information and will not provide to any Bidder(s)

confidentialadditional information through which the Bidder(s) could obtain an advantage

in relation to the tender process or the contract execution

(c) The Principal will exclude from the process all known prejudiced persons

(2) If the Principal obtains information on the conduct of any of its employees which is a

criminal offence under the relevant Anti-Corruption Laws of India or if there be a

substantive suspicion in this regard the Principal will inform its Vigilance Office and in

addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder(s)Contractor(s)

(1) The Bidder(s)Contractor(s) commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation

in the tender process and during the contract execution

(a) The Bidder(s)Contractor(s) will not directly or through any other person or firm offer

promise or give to any of the Principalrsquos employees involved in the tender process or the

40 Signature of the Contractor

execution of the contract or to any third person any material or immaterial benefit which

heshe is not legally entitled to in order to obtain in exchange any advantage of any kind

whatsoever during the tender process or during the execution of the contract

(b) The Bidder(s)Contractor(s) will not enter with other Bidder(s) 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

(c) The Bidder(s)Contractor(s) will not commit any offence under the relevant Anti-

corruption Laws of India further the Bidder(s)Contractor(s) will not use improperly for

purposes of competition or personal gain or pass on to others any information or

document provided by the Principal as part of the business relationship regarding plans

technical proposals and business details including information contained or transmitted

electronically

(d) The Bidder(s)Contractor(s) will when presenting his bid disclose any and all

payments he has made is committed to or intends to make to agents brokers or any other

intermediaries in connection with the award of the contract

(2) The Bidder(s)Contractor(s) will not instigate third persons to commit offences outlined

above or be an accessory to such offences

Section 3 ndash Disqualification from tender process and exclusion from future contracts

If the Bidder(s)Contractor(s) before contract award or during execution has committed a

transgression through a violation of Section 2 above or in any other form such as to put his

reliability or credibility in question the Principal is entitled to disqualify the

Bidder(s)Contractor(s) from the tender process or take action as per the defined procedure

Section 4 ndash Compensation for Damages

(i) If the Principal has disqualified the Bidder(s) from the tender process prior to the award

according to Section 3 the Principal is entitled to demand and recover the damages

equivalent to Earnest Money Deposit Bid Security

(ii) If the Principal has terminated the contract according to Section 3 or if the Principal is

entitled to terminate the contract according to section 3 the Principal shall be entitled to

demand and recover from the Contractor the amount equivalent to Security Deposit

Performance Bank Guarantee in addition to any other penalties recoveries as per terms

and conditions of the tender

Section 5 ndash Previous transgression

(i) The Bidder declares that no previous transgression occurred in the last 3 years with any

other Company in any country conforming to the Anti-corruption approach or with any

other Public Sector Enterprise in India that could justify his exclusion from the tender

process

(ii) If the Bidder makes incorrect statement on this subject he can be disqualified from the

tender process or action can be taken as per the defined procedure

Section 6 ndash Equal treatment of all BiddersContractorsSubcontractors

41 Signature of the Contractor

(i) The principal will enter into agreements with identical conditions as this one with all

BiddersContractors

(ii) The Bidder(s)Contractor(s) undertake(s) to demand from all subcontractors a

commitment in conformity with this Integrity Pact

(iii) The Principal will disqualify from the tender process all bidders who do not sign this

Pact or violate its provisions

Section 7 ndash Criminal charges against violating

Bidder(s)Contractor(s)Subcontractor(s)

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or

of an employee or a representative or an associate of a Bidder Contractor or

Subcontractor which constitutes corruption or if the Principal has substantive suspicion in

this regard the Principal will inform the Corporate Vigilance Office

Section 8 ndash External Independent MonitorMonitors

1 Principal appoints competent and credible Independent External Monitor for this Pact

The task of the Monitor is to review independently and objectively whether and to what

extent the parties comply with the obligations under this agreement

2 The Monitor is not subject to instructions by the representatives of the parties and

performs his functions neutrally and independently He reports to the CMD of the BSNL

3 The Bidder(s)Contractor(s) accepts that the Monitor has the right to access without

restriction to all Project documentation of the Principal including that provided by the

Contractor The Contractor will also grant the Monitor upon his request and demonstration

of a valid interest unrestricted and unconditional access to his project documentation The

same is applicable to Subcontractors The Monitor is under contractual obligation to treat

the information and documents of the Bidder(s)Contractor(s)Subcontractor(s) with

confidentiality

Notwithstanding anything contained in this Section the Bidder(s)Contractor(s) shall have

no obligation whatsoever to provide any internal costing mechanisms or any internal

financial or commercial data pursuant to any audit or review conducted by or on behalf of

the Principal Further the Bidder(s)Contractor(s) shall not be required to provide any data

relating to its other customers or any personnel or employee related date

4 The Principal will provide to the Monitor 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 Principal and the Contractor The parties offer to the

Monitor the option to participate in such meetings

5 As soon as the Monitor notices or believes to notice a violation of this agreement he

will so inform the Management of the Principal and request the Management to

discontinue or take corrective action or to take other relevant action The monitor can in

this regard submit non-binding recommendations Beyond this the Monitor has no right to

demand from the parties that they act in a specific manner refrain from action or tolerate

action

42 Signature of the Contractor

6 The Monitor will submit a written report to the Chairperson of the Board of the Principal

within 8 to 10 weeks from the date of reference or intimation to him by the lsquoPrincipalrsquo and

should the occasion arise submit proposals for correcting problematic situations

7 If the Monitor has reported to the CMD of the BSNL a substantiated suspicion of an

offence under relevant Anti-Corruption Laws of India and the BSNL has not within

reasonable time taken visible action to proceed against such offence or reported it to the

Corporate Vigilance Office the Monitor may also transmit this information directly to the

Central Vigilance Commissioner Government of India

8 The word lsquoMonitorrsquo would include both singular and plural

Section 9 ndash Pact Duration

This Pact begins when both parties have legally signed it It expires for the Contractor 12

months after the last payment under the contract and for all other Bidders 6 months after

the contract has been awarded

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 dischargeddetermined by

CMD BSNL

Section 10 ndash Other provisions

1 This agreement is subject to Indian Law Place of performance and jurisdiction is the

Registered Office of the Principal ie New Delhi The arbitration clause provided in the

tender document contract shall not be applicable for any issue dispute arising under

Integrity Pact

2 Changes and supplements as well as termination notice need to be made in writing

3 If the Contractor is a partnership or a consortium this agreement must be signed by all

partners or consortium members

4 Should one or several provisions of this agreement turn out to be invalid the remainder

of this agreement remains valid In this case the parties will strive to come to an agreement

to their original intensions

------------------------------------ ----------------------------------

For the Principal For the BidderContractor

Placehelliphelliphelliphelliphelliphelliphelliphellip Witness 1 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphellip Witness 2 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

43 Signature of the Contractor

Anexx-VIII

AGREEMENT

This agreement made on thishelliphelliphellip day of helliphelliphellip Yearhelliphelliphelliphellip Between hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphellipHerein after called ldquo The contractorrdquo (which expression shall unless excluded by or

repugnant to the context include its successors heir executors administrative representative and

assignee) of the one part amp the BSNL (GMTD Mehsana) herein after referred to as the BSNL of

other part Tender No MMTenderMehsana2016-1706 Dated 26102016

Where as the contractor has offered to enter with the said BSNL for the contract for repairing of

EPBT amp CLIP Plan instruments amp Buttons Key in Mehsana SSA Mehsana Telecom District on

the terms and conditions herein contained and the rates approved by the BSNL (copy of rates

annexed) have been dully accepted and whereas the necessary security deposit have been furnished

in accordance with the provision of the tender documents and whereas no interest will be claimed

on the security deposit Now these presents witness and it is hereby agreed and declared by and

between the partiesrsquo presents as follows

(1) The contractor shall during the period of this contract that is to say fromhelliphelliphelliphelliphellipTo

helliphelliphelliphellip or completion of work whichever is earlier or until this contract shall be

determined by such notice as is herein after mentioned safely carried out by means of

Labours employed at his own expense and by means of tools implements of equipments

etc to be supplied by him to his Labours at his own expense all work of repairing of

EPBT amp CLIP instruments as described in tender documents (annexed to the agreement)

when the BSNL or any other person authorized by GMTD Mehsana in that behalf require it

is under stood by the contractor that the quantity of work mentioned in the schedule is

likely to change as per actual requirement as demanded by exigencies of service

(2) The Notice Inviting Tender Bid documents (qualifying and financial) letter of intent

approved rates annexed here to and such other additional particulars instructions

drawings work orders as may be found requisite to be given during execution of work

shall be deemed and taken to be an integral part of the contract and shall be deemed to be

included in the expression ldquoThe agreement) or ldquoThe Contractrdquo wherever herein used

(3) The contractor also supplies the requisite number of workmen with means and materials as

well as tools appliances vehicles for transportation cartage etc required for the proper

execution of work within the prescribed in the work orders

(4) The contractor hereby declares that no body connected with or in the employment of the

BSNL is notshall not ever be admitted as partner in the contract

(5) The contractor shall abide by the terms and conditions rules guide lines constructions

particulars safety precautions etc stipulated in the tender documents including any

correspondence between the contractor and the BSNL having bearing on execution of work

and payments of work to be done under the contract

In witness whereof the partiesrsquo presents have here in to set their representative hands and

seals the day and year in

Signed sealed amp Delivered by

The above named contractor in the presence of

Above written

Witness

(1)

(2) Signed and delivered on behalf of BSNL

Witness

(1)

(2)

44 Signature of the Contractor

ANNEXURE-IX - UNDERTAKING

This deed of undertaking executed on this helliphelliphellip day ofhelliphelliphelliptwo thousand andhelliphellip

by (name of sole proprietorpartnerdirectorauthorized representative the firm

company trust society etc)helliphelliphelliphelliphelliphelliphelliphelliphelliphellipSO helliphelliphelliphelliphelliphelliphelliphellip

residing athelliphelliphelliphelliphelliphelliphelliphelliphelliphellipOn behalf of said helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of the firm company Trust Society etc) having its office athelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

and dully authorized to sign file and verify present undertaking by the said hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of Firm company Society etc) in favour of Bharat Sanchar Nigam Ltd a

Government Of India undertaking having its registered office at Statesman

HouseB-148 Barkhamba Road New Delhi and local office at Administrative

Building Sanchar Bhawan BSNL Pilaji Ganj Mehsana-1 here in after called

BSNL (which terms shall mean and include its successors administrators heirs and

assigns Where as MS BSNL invited bids for repairing of EPBT amp CLIP instruments in Mehsana SSA

IWe participated in the bidding process and emerged as successful bidder with respect to tender No

MMTenderMehsana2016-1706 Dated 26102016

IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Acknowledge that IWe have fully under

stood and aware of the terms amp conditions of the Tendercontract and do hereby unequivocally and

unconditionally undertake and declare that

(1) IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip shall comply with all

the rulesRegulationsLawsGovernment instructionsstatus etc that are

applicable will be made applicable and or are aimed to protect the interest of

the workersemployees engaged by meus in the past and during the course of

performance of the contract with BSNL

(2) IWe shall fully protect indemnity and hold harmless BSNL and its employees

officers Directors agents judgments damages fines penalties and costs

(including legal costs and disbursements) arising from or relating to

Any breach violation of any direction order from any governmental

authority any provisions of the labour laws or any other laws status or

regulations that are or will be aimed to protect the interest of the

workersLabours engaged by the contractors in past and during the

course of this contract

OR

Any other payments claims or liability that may arise for ensuring

compliance of the provisions of any of the labour laws or any other laws

etc OR

Any other claim made by any third party in connection with any violation

of any laws guide lines instructions etc

In witness whereof this undertaking has caused on thehelliphelliphelliphelliphelliphellip

DayhelliphelliphelliphelliphellipMonth ofhelliphelliphellip Year

Date

Place

Signature

Name

Designation

Witness 1 2helliphelliphellip

45 Signature of the Contractor

ANNEXURE-X

E-Tendering Instructions to Bidders

These Special Instructions (for e-Tendering) supplement lsquoGeneral instructions to Biddersrsquo as enclosed in Section IV of this E-Tender Document Wherever there is a conflict the provisions herein shall prevail over those in other pages of this document

Submission of Bids only through online process is mandatory for this Tender

For conducting electronic tendering BSNL Mehsana is using the portal

(httpeprocurementsynisecombsnl1gujarat) of Ms Synise Technologies ltd Pune A - Submission of tender

1 The bidding process will be accepted only through e-tendering platform 2 Availability of e-tendering document e-tender document can be obtained by

downloading it from the website httpeprocurementsynisecombsnl1gujarat the

physical copy of the Tender document would not be available for sale

3 The Tender document shall not be available for download on its submissionclosing date B - General 1 Tender Bidding Methodology

Sealed Bid System ndashldquoSingle Stage using two envelopsrdquo

In this case of two envelope system Financial amp Techno-commercial bids shall be

submitted by the bidder at the same time

2 Broad outline of activities from Bidders prospective

1 Procure a Digital Signing Certificate (DSC)

2 Register on Electronic Tendering System (RETS)

3 Create Users and assign roles on ETS

4 View Notice Inviting Tender (NIT) on ETS

5 Download Official Copy of Tender Documents from ETS

6 Clarification to Tender Documents on ET Query to BSNL (Optional)

View response to queries posted by BSNL as addenda

7 Bid-Submission on ETS

8 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Techno-commercial Part

9 View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond to BSNLrsquos Post-TOE queries

10 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Financial-Part (Only for Technical Responsive Bidders)

For participating in this tender online the following instructions need to be read

carefully These instructions are supplemented with more detailed guidelines on

the relevant screens of the ETS

3 Digital Certificates

For integrity of data and its authenticity non-repudiation of electronic records and be compliant with IT Act 2000 it is necessary for each user to have a Digital Certificate (DC) also referred to as Digital Signature Certificate (DSC) of Class 2 or above issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer httpwwwccagovin]

4 Registration

To use the Electronic Tenderreg portal ( httpeprocurementsynisecombsnl1gujarat) vendor needs to register on the

46 Signature of the Contractor

portal Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e-tendering activities In ETS terminology this person will be referred to as the Super User (SU) of that organization For f u r ther details

p lease v is i t the websiteportal and follow further instructions as given on the site You may also contact tender wizard Helpdesk (as given below) to get your registration acceptedactivated Tender wizard Helpdesk

Telephone 020-30277517 020-30277522020-30277516

[between 1000 hrs to 1800 hrs on working days]

Mobile Nos Mr Hiren Pandar 7774013247 7774013248

E-mail ID helpdesksynisecom [Please mark CC

hirenpsynisecom]

BSNL Contact-1

BSNLrsquos Contact Person AGM MM Mehsana

Telephone Mobile (02762-220855222900)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID agmmmmehbsnlin

BSNL Contact-2

BSNLrsquos Contact Person SDE MM-Mehsana

Telephone Mobile (02762-221855)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID mehsdemm2bsnlin 5 Bid related Information for this Tender (Sealed Bid)

The entire bid-submission would be

online on ETS Broad outline of

submissions are as follows

Submission of digitally signed copy of Tender DocumentsAddendumaddenda

Two Envelopes

Techno-commercial -Part

Financial-Part

Note -

i) If some document is not applicable for the bidder then he has to upload

scanned copy of paper mentioning ldquoThe document ltNamegt called vide

clause helliphelliphelliphelliphelliphelliphellip is not applicable on usrdquo

ii) If document asked for contains more than one page then all those pages may be uploaded in one PDF format file

iii) Please take care to scan documents such that the total size of

documents to be uploaded remains minimum However it shall be sole

responsibility of bidder that the uploaded documents remain eligible

6 Offline Submissions

The bidder is requested to submit the following documents offline to AGM (MM) 2nd Floor Sanchar Bhawan Pilaji Ganj Mehsana-384001 on or before the date amp

time of submission of bids specified in covering letter of this tender

47 Signature of the Contractor

document in a Sealed Envelope The envelope shall bear (name of the tender) the tender number and the words lsquoDO NOT OPEN BEFORErsquo (due date amp time)

1 EMD-Bid Security in Original

2 DD Bankers cheque against payment of tender fee

3 Power of attorney (if applicable) Note The bidder has to upload the Scanned copy of all above said documents during

online Bid submission also

7 Special Note on Security of Bids

Security related functionality has been rigorously implemented in ETS in a multi-dimensional manner Starting with Acceptance of Registration by the Service Provider provision for security has been made at various stages in Electronic Tenderrsquos software Security related aspects as regard Bid Submission are outlined below

As part of the Electronic Encryptertrade functionality the contents of both the lsquoElectronic Formsrsquo and the lsquoMain-Bidrsquo are securely encrypted using a Pass-Phrase created by the Bidder himself Unlike a lsquopasswordrsquo a Pass-Phrase can be a multi-word sentence with spaces between words (eg I love this World) A Pass-Phrase is easier to remember and more difficult to break It is recommended that a separate Pass-Phrase be created for each Bid-Part This method of bid- encryption does not have the security and data-integrity related vulnerabilities which are inherent in E-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid- encryption Bid-encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE) even if there is connivance between the concerned tender- opening officers of the Buyer organization and the personnel of e-tendering service provider

Typically lsquoPass-Phrasersquo of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself when demanded by the concerned Tender Opening Officers who will open the bid Else Tender Opening Officer may authorize the bidder to open his bid himself There is an additional protection with SSL Encryption during transit from the client-end computer of a Supplier organization to the e-tendering server portal

8 Public Online Tender Opening Event (TOE)

ETS offers a unique facility for lsquoPublic Online Tender Opening Event (TOE)rsquo Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices For this purpose representatives of bidders (ie Supplier organization) dully authorized are requested to carry a Laptop and Wireless Connectivity to Internet Every legal requirement for a transparent and secure lsquoPublic Online Tender Opening Event (TOE)rsquo has been implemented on ETS As soon as a Bid is decrypted with the corresponding lsquoPass-Phrasersquo as submitted online by the bidder himself (during the TOE itself) salient points of the Bids are simultaneously made available for downloading by all participating bidders The work of taking notes during a manual lsquoTender Opening Eventrsquo is therefore replaced with this superior and convenient form of lsquoPublic Online Tender Opening Event (TOE)rsquo ETS has a unique facility of lsquoOnline Comparison Chartrsquo which is dynamically updated as each online bid is opened The format of the chart is based on inputs provided by the Buyer for each Tender The information in the Comparison Chart is based on the data submitted by the Bidders in electronic forms A detailed Technical and or Financial Comparison Chart enhances Transparency Detailed instructions are given on relevant screens

48 Signature of the Contractor

ETS has a unique facility of a detailed report titled lsquoMinutes of Online Tender Opening Event (TOE)rsquo covering all important activities of lsquoOnline Tender Opening Event (TOE)rsquo This is available to all participating bidders for lsquoViewing Downloadingrsquo

There are many more facilities and features on ETS For a particular tender the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer

NOTE In case of internet related problem at a bidderrsquos end especially during lsquocritical

eventsrsquo such as ndash a short period before bid-submission deadline during online

public tender opening event etc it is the bidderrsquos responsibility to have backup

internet connections In case there is a problem at the e- procurement

service-providerrsquos end (in the server leased line etc) due to which all the

bidders face a problem during critical events and this is brought to the notice

of BSNL by the bidders in time then BSNL will promptly re-schedule the

affected event(s)

9 Other Instructions

For further instructions the vendor should visit the home-page of the portal

( httpeprocurementsynisecombsnl1gujarat) and go to the User-Guidance Center The help information provided through lsquoETS User-Guidance Centerrsquo is available in three categories ndash

Users intending to Register First-Time Users Logged-in users of Buyer organizations and Logged-in users of Supplier organizations Various links are provided under each of the three categories Note It is strongly recommended that all authorized users of Supplier

organizations should thoroughly peruse the information provided under the

relevant links and take appropriate action This will prevent hiccups and minimize

teething problems during the use of ETS

The following lsquoFOUR KEY INSTRUCTIONS for BIDDERSrsquo must be assiduously adhered to

1 Obtain individual Digital Signing Certificate (DSC or DC) well in advance of

your first tender submission deadline on ETS

2 Register your organization on ETS well in advance of your first tender submission deadline on ETS

3 Get your organizationrsquos concerned executives trained on ETS well in advance of your first tender submission deadline on ETS

4 Submit your bids well in advance of tender submission deadline on ETS as

there could be last minute problems due to internet timeout breakdown etc

While the first three instructions mentioned above are especially relevant to first-time users of ETS the fourth instruction is relevant at all times

10 Minimum Requirements at Bidders end

Computer System with good configuration (Min P IV 1 GB RAM Windows XP)

Broadband connectivity

Microsoft Internet Explorer 60 or above

Digital Certificate(s) for users

49 Signature of the Contractor

ANNEXURE-III

RATE SHEET

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Rate should be quoted in below Rate Sheet

Sr

No

Rates Quoted By Bidder With Respect to SOR (Schedule Of Rate)

Particulars In Figure In Words

1 Above Of SOR

2 Below Of SOR

3 AT PAR

[At Same Rates of SOR]

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

Signature of the Bidder with Seal

Note

1 All faulty instruments are to be repaired except fully broken or fully burnt due to

electric hazards

2 The work may be offered to more than one contractor if required

Signature of the Tenderer with seal

Full Name _____________________

Full Address________________________

  • TABLE OF CONTENTS
    • CERTIFICATE REGARDING NEAR RLATIVES
      • LETTEROF AUTHORISATION FOR ATTENDING BID OPENING
      • Signed sealed amp Delivered by
      • Above written
        • ANNEXURE-IX - UNDERTAKING

14 Signature of the Contractor

97 (a) in cases of such of the works where interpolations of the rates are possible such

rates shall be accepted by both the parties

(b) If the altered additional or substituted work includes any work for which no rates are

specified in the contract for the work can be derived from similar class of work in the

contract than such work shall be carried out at the rate determined by the designated

official on the basis of the prevailing market rates where the work was done

(c) If the rates for the altered additional or substituted work cannot be determined in the

manner specified above then the contractor shall within 7 days of the date of receipt of

order to carry out the work inform the Designated official of the rate which it is his

intention to charge for such class of work supported by analysis of the rate or rates

claimed and the designated official shall determine the rates on the basis of prevailing

market price and pay the contractor accordingly However the Designated official by

notice in writing will be at liberty to cancel his order to carry out such class of work and

arrange to carry it out in such manner as he may consider advisable

98 The quantum of work mentioned in the tender is approximate and subject to vary

However for evaluation purpose the quantum as mentioned in the tender will only be taken

into account

910 The quantum of works (Estimated Cost) of the tender is purely tentative and it can

vary as per requirement of BSNL Mehsana and so successful contractor may not

challenge to BSNL Mehsana in respect to the works of this tender

911 The estimated cost or quantum of work may vary on the basis of actual requirement at

the discretion of GMTD Mehsana limited to + 25 without any change in approved rates

terms amp conditions of contract

10 QUALITY OF WORK

The Company shall be the final judge of the quality of the work and the satisfaction of

the standards in respect thereof set forth in the contract documents Laxity or failure to

enforce compliance with the contract documents by the Company and or its

representative shall not manifest a change or intent or waiver the intention being that

notwithstanding the same the contractor shall be and remain responsible for complete and

proper compliance with the contract documents and the specification therein The

GMTD MEHSANA has the right to prohibit the use of men and any tools materials or

equipments which in his opinion do not produce work or performance meet the

requirement of the contract documents

1l PROTECTION OF WORK

The contractor shall be responsible for all materials equipment furnished or supplied by

the company while in the contractors custody

12 NOTIFICATION

The contractor shall give in writing to the proper person or authority with a copy to the

GMTD MEHSANA such notification as may be mandatory or necessary in connection

with the commencement suspension resumption performance and or completion of the

contracted work All notices shall be given sufficiently in advance of the proposed

operation to permit proper correlation of activities and the contractor shall keep all proper

persons or authority involved regularly advised of the progress or operation through out the

performance of the work together with such other information and or supporting figures

15 Signature of the Contractor

and data as may from time to time as directed or required

13 DELAY IN EXECUTION OF WORK

The Company will make every reasonable effort to furnish the materials required to be

furnished by it under the contract and right of user including the permit required to be

furnished by the Company under the contract and made available in due time so as not to

delay execution of the work The Company will however not be liable to the contractor for

any losses or damages costs charges or expenses that the contractor may in any way

sustain suffer due to delay in making the above available However an extension in time

schedule may be admitted on the above reason

14 SHUT DOWN ON ACCOUNT OF WEATHER CONDITIONS

The contractor shall not be entitled to any compensation whatsoever by reason of

suspension of the whole or any part of the work made necessary by the Company or

deemed advisable on account of bad weather conditions or other unavoidable conditions

15 SECURITY DEPOSIT amp EARNEST MONEY DEPOSIT

EMD (Bid Security) is Rs 9458- amp Performance Security Deposit (PBG) is 10 of

Estimated Tender Cost

151 The security deposit or a part thereof or such balance thereof if any as may remain

after deduction there from in respect of any outstanding bills of the contractor to the

Company shall be paid back to the contractor after termination of contract on expiry of

contract period The contractor shall remain liable to the Company in respect of any

shortfall or discharge of liabilities notwithstanding return of security deposit or any part

thereof The security deposit is required to protect the company against the risk of the

tendererrsquos conduct and breach of contract in which case it would be forfeited without

prejudice to any other action that the company may take against the contractor

152 No interest will be payable on the earnest money or the security deposit or amount

payable to the contractor under the contract

153 Tenderer shall furnish as part of his bid a bid security (Earnest Money Deposit) for a

specified amount The Tenderer (Small scale Units) who are registered with National

Small Scale Industries Corporation under Single Point Registration Scheme are exempted

from bid security (Earnest Money Deposit) up to the amount equal to their monetary limit

In case of Tenderer having monetary limit as no limit the exemption will be limited to Rs

5000000- (Rs Fifty lakhs) only as per the existing policy of Company A proof regarding

current registration with NSIC for the Tendered Item will have to be attached along with

the bid

154 The bid security (Earnest Money Deposit) is required to protect the company against

the risk of tenderers conduct which would warrant the EMD forfeiture pursuant to Para

159

155 The bid security (Earnest Money Deposit) shall be in the form of cash or a Demand

DraftBankerrsquo chequePay order from any NationalizedSchedule Bank payable at

MEHSANA in favour of the AO (cash) BSNL Oo GMTD MEHSANA Payment in any

other form is not acceptable Any Small Scale Industry Firm claiming exemption from the

payment of bid security (Earnest Money Deposit) should submit the copy of the current

registration with National Small Industries Corporation (NSIC) for the tendered items No

16 Signature of the Contractor

interest on bid securityEMD payable

156 A Bid not secured in accordance with Para 153 amp 155 shall be rejected by the

company

157 The bid security (Ernest Money Deposit) of the unsuccessful bidder will be discharged

returned as promptly as possible and no claim whatsoever in this respect would be

entertained

158 The successful bidderrsquos bid security (Earnest Money Deposit) will be returned after

the bidderrsquos acceptance of the tender amp performance security deposit

159 The bid security (Earnest Money Deposit) will be forfeited

a) If the Tenderer withdraws his bid during the period of bid validity specified by

the Tenderer on the Bid form Rate sheet Price Bid or

b) In the case of a successful Tenderer if the bidder fails

i) to sign the Agreement contract amp

ii) to furnish Security Deposit

1510 The performance security deposit (PSD) deposited by the successful bidder in the

form of Cash or in PBG will be released after successful completion of contract and no due

pending against him

16 INSPECTIONS AND TESTING

The GMTD MEHSANA or his representative or any of the officers shall have free

access to the work site at all time for inspection The contractor shall render to the

representative of the company all possible assistants and facilities for the purpose

17 ASSESSMENTS PERMITS LICENCES AND OTHER FACILITIES

17l The contractor shall obtain provide at his own cost all assessments permits and

licenses necessary to do its work

172 The contractor shall be responsible for obtaining at his expense such licenses

permitfacilities as are necessary for the contractor to operate and do business in the

republic of India and in the state in which the work is to be performed

173 The contractor will not be entitled to extra compensation for hardship and increase in

cost Some cases may necessitate special method of execution of work and such

contingency shall deemed to have been provided for in the rates

18 PROTECTION OF LIFE AND PROPERTY AND EXISTING FACILITIES

181 The contractor is fully responsible for taking all possible safety precautions during

preparation for and actual performance of the work

182 The contractor shall undertake to indemnify and keep indemnified the Company from

and against all actions cause of actions damages claims and demand whatsoever either in

law or in inquiry and all losses and damages and costs (inclusive between attorney and

client) charges and expenses in connection there with and or incidental thereto The

contractor shall take all responsibility and risk in the execution of the work

183 It shall be the responsibility of the contractor to see that his employees or any other

person does not misbehave with anybody in company

17 Signature of the Contractor

19 INDEMNITIES

191 The contractor shall at all time hold the Company harmless and indemnify from

against all actions suits proceeding work cost damages charge claims and demand of

every nature and description brought or procured against the Company its officer and

employee and forth with upon demand and without pretest or demur to pay to the

Company any and all losses and damages and cost (inclusive between attorney and client)

and all costs incurred in endorsing this or any other indemnities or security which the

Company may now or at any time have related to the work or the contractors obligations

or in protecting or endorsing its right in any suit or other legal proceeding charges and

liabilities resulting from or incidental or in connection with injury disease or disablement

or death of any person (s) including employee of the contractor or damage to the property

resulting from or arising out of or in any way connected with or incidental to the operator

cause by the contractor documents In addition the contractor shall reimburse the Company

or pay to the Company forthwith on demand without protest or demure all costs charges

and expenses and losses and damages otherwise incurred by it in consequence of any

demands and actions which may be brought against the Company arising out of or

incidental or in connection with the operation covered by the contractor

192 The contractor shall at his own cost at the Company request defend any suit or other

proceeding asserting a claim covered by this indemnity but shall not settle compound or

compromise such suit or other finding without first consulting the Company

20 COMPLIANCE WITH LAW AND REGULATIONS

201 During the performance of the work the contractor shall at his own cost and initiative

fully comply with all applicable law of the land and with any and all applicable by-laws

rules regulations and orders and any other provision having in forces of any Company

Company agencies or department municipal board Company or other regulatory or

authorized body of person and shall provide all certificate of compliance therewith as may

be required by such applicable law by-law rules regulation orders or provision The

contractor shall assume full responsibility for the payment of all contributions and pay roll

taxes as to its employee servants or agent engaged in the performance of the work

specified in the contract documents The contractor require any assignee or sub-contractor

to whom any portion of the work to be performed hereunder may be assigned subleased

or sub-contracted to comply with the provision of the clause and in this connection the

contractor agrees as to undertake to save and hold the Company harmless and indemnified

from and against anyall penalty actions suits losses and damages claims and demands

and cost (inclusive between attorney and client) charges and expenses whatsoever arising

out of occasioned indirectly or directly by failure of the contractor or any assignee or

sub-contractor to make full and proper compliance with the said by-laws rules regulation

law and order and provision as aforesaid

202 Subject to the provisions of the contractor labour (Abolition and regulation Act

1970) the contractor shall not commence actual work unless he produces a receipt from

the concerned licensing authority that he has applied for licensees from the prescribed

licensing authority which may be produced within the period of 15 days or commencing

the work

203 Contractor will have to carry out the work under the rules and regulation of Labour

Act

18 Signature of the Contractor

21 OPTIONAL TERMINATION BY COMPANY (OTHER THAN DUE DEFAULT OF

CONTRACTOR)

211 The Company may at any time at its option cancel and terminate this contract by

written notice to the contractor in which event the contractor shall be entitled for payment

for the work done upto the time of such cancellation

212 In the event of the termination of the contract the contractor shall forthwith hand over

possession of the EPBT amp CLIP Concerned to the company or as the company may direct

213 The Company may at its option cancel or omit the execution of one or more items

of work under this contract and any part of such item(s) without any compensation

whatsoever to the contractor

22 TAXES AND DUTIES

Contractor shall pay all rates levies fees royalties taxes and duties except service tax

payable or arising from out of by virtue of or in connection withor incidental to the

contract or any of the parties in terms of the contract documents andor in respect of the

works or operation(s) or any part thereof to be performed by the contractor and the

contractor shall indemnify and keep indemnified the company from and against the same

or any default by the contractor in the payment thereof other taxes imposed by the

Government will be borne by the contractors Service tax will be paid by BSNL provided

that service tax particulars supplied amp claimed in bills

23 BREACH OF CONTRACT

The Designated officialnominated representative may without prejudice to his right

against the contractor in respect of any delay or inferior workmanship or otherwise or to

any claims of damage in respect of any breaches of the contract and without prejudice to

any rights or remedies under any of the provisions of this contract or otherwise and

whether the date for completion has or has not elapsed by notice in writing absolutely

determine the contract in any of the following cases -

(i) If the contractor having been given by the designated official nominated

representative a notice in writing to rectify reconstruct or replace any defective work or

that the work is being performed in any inefficient or otherwise improper or un work

manlike manner shall omit to comply with the requirements of such notice for a period of

fifteen days thereafter or if the contractor shall delay or suspend the execution of the work

so that either in the judgment of the Designated official (which shall be final and binding)

he will be unable to secure completion of the work by the date for completion or he has

already failed to complete the work by that date

(ii) If the contractor being a company shall pass a resolution or the court shall make an

order that the company shall be wound up or if a receiver or a manager on behalf of a

creditor shall be appointed or if circumstances shall arise which entitle the court or creditor

to appoint a receiver or a manager or which entitle the court to make a winding up order

(iii) If the contractor commits breach of any of the terms and conditions of this contract

(iv) If the contractor commits any acts mentioned in clause thereof

24 When the contractor has made himself liable for action under any of the aforesaid

19 Signature of the Contractor

clauses the Designated official on behalf of the company shall have powers -

(a) To determine or rescind or terminate the contract as aforesaid (of which termination

or rescission notice in writing to the contractor under the hand of the Designated

officialnominated representative shall be conclusive evidence) Upon such determination

or rescission the Security deposit of the contractor shall be liable to be forfeited and shall

be absolutely at the disposal of Company Notice for period of 15days will be received

from the date of issue of notice

(b) To employ other agency paid by the company and to supply materials to carry out the

works or part of the work debiting the contractor with the cost of the work and the price of

the materials (of the amount of which cost and price certified by the Designated official

shall be final and conclusive against the contractor) and crediting him with the value of the

work done in all respects in the same manner and the rates as if it had been carried out by

the contractor under the terms of the contract The certificate of the GMTD-MEHSANA as

to the value of the work done shall be final and conclusive against the contractor provided

always that action under the sub-clause shall only be taken after giving notice in writing to

the contractor Provided also that if the expenses incurred by the company are less than the

amount payable to the contractor at his agreement rates the difference should not be paid

to the contractor

(c) After giving notice to the contractor to measure up the work of the contractor and to

take such part thereof as shall be unexecuted out of his hands and to give it to another

contractor to complete in which case any expenses which may be incurred in excess of the

sum which would have been paid to the original contractor if the whole work has been

executed by him (of the amount of which excess the certificate in writing of the Designated

official shall be final and conclusive) shall be borne and paid by the original contractor and

may be deducted from any money due to him by company under this con tract or on any

other account whatsoever or from his security deposit or the proceeds of sales thereof or a

sufficient part thereof as the case may be

25 In the event of any one or more of the above courses being adopted by Designated

official the contractor shall have no claim to compensation for any loss sustained by him

by reason of his having purely leased or procured any materials or equipment or entered

into any agreement or made any advances account or with a view to the execution or the

work or the performance of the contract and in case action is taken under any of the

provisions aforesaid the contractor shall not be entitled to recover or be paid any sum for

any work thereto or actually performed under this contract unless and until Designated

official has certified in writing the performance of such work and the value payable in

respect thereof and he shall only be entitled to be paid the value so certified

26 In any case in which any of the powers conferred upon the Designated official by

clause 24 thereof shall have become exercisable and the same shall not be exercised the

non exercise thereof shall not constitute a waiver of any of the conditions hereof and such

powers shall notwithstanding be exercisable in the event of any future case of default by

the contractor and the liability of the contractor for compensation shall remain unaffected

In the event of the Designated official putting in force all or any of the powers vested in

him under the proceeding clause he may if he so desires after giving a notice in writing to

the contractor take possession of (or at the sole discretion of the Designated official which

shall be final) use as on hire (the amount of the hire money being also in the final

determination of the Designated official) all or any tools materials and stores in or upon

the works or the materials belonging to the contractor or procured by the contractor and

20 Signature of the Contractor

intended to be used for the execution of the contract or any part thereof paying or

allowing for the same amount at the contract rates or in the case of these not being

applicable at current market rates to be certified by the Designated official whose

certificate thereof shall be final otherwise the Designated official by notice in writing may

order the contractor or his clerk of the works foremen or other authorized agent to remove

such tools plants materials stores from the premises (within and time to be specified to

comply with any such requisition the Designated official may remove them all at

contractors expense or sell them by auction or private sale on account of the contractor and

it his risk in all respects and the certificate of the Designated official as to the expense of

any such removal and the amount of the proceeds and expenses of any such sale shall be

final and conclusive against the contractor

27 If the contractor shall desire an extension of time for completion of the work on the

grounds of his having been unavoidably hindered in its execution or on any other ground

he shall apply in writing to the Designated official within seven days of the date of

hindrance on account of which he desired such extension as aforesaid and the Designated

official shall if in his opinion (which shall be final) reasonable grounds be shown

therefore authorize such extension of time if any as may in his opinion be necessary or

proper

28 If at any time after the commencement of the work the company for any reason

whatsoever not require the whole thereof as specified in the tender to be carried out the

Designated official shall give notice in writing of the fact to the contractor who shall have

no claim to any payment of compensation whatsoever on account of any profit or

advantage which he might have derived from the execution of the work in full but which

he did not derive in consequence of the full amount of the work not having been carried

out neither shall he have any claim for compensation by reason of any alterations having

been made in the original specifications drawings designs and instructions which shall

involve any curtailment of the work as originally contemplated

29 INSPECTION

All work under or in course of execution or executed in pursuance of the contract shall at

all times be open to the inspection and supervision of the Designated official and his

authorized subordinates and the contractor shall at all times during the usual working hours

and at all other times at which reasonable notice of the intention of the Designated official

or his subordinate visit the works shall have been given to the contractor either himself be

present to receive order and instructions or have a responsible agent duly a credited in

writing present for that purpose Orders given to the contractors agent shall be considered

to have the same force as if they had been given to the contractor himself

30 WORKMENS COMPENSATION

In every case in which by virtue of the provisions of section 12 sub-section

(i) of the workmenrsquos compensation Act 1923 Company is obliged to pay compensation to

a workman employed by the contractor in execution of the works Company will recover

from the contractor the amount of the compensation so paid and without prejudice to the

rights of the Company under section 12 Sub section

(ii) of the said Act Company shall be at liberty to recover such amount or any part thereof

by deducting it from the security deposit or from any sum due by the company to the

contractor whether under this contract or otherwise Company shall not be bound to contest

21 Signature of the Contractor

any claim made against it under section-12 subsection (i) of the said Act except on the

written request of the contractor and upon his giving to company full security for all costs

for which Company might become liable in consequence of contesting such claim

31 LABOUR WELFARE

311 In every case in which by virtue of the provisions of the contract Labour (Regulation

and Abolition) Act 1970 and of the contract labour (Regulation and abolition) Central

Rules 1971 Company is liable to pay any amounts of wages to a workman employed by

the contractor in execution of the works or to incur any expenditure in providing welfare

and health amenities required to be provided under the above said Act and the Rules under

clause 19 to 19 J and 20 of PWD-8 or under the CPWD Contractors Labour

Regulations or under the Rules framed by Government from time to time for the

protection of health and sanitary arrangements for workers employed by CPWD

contractors company will recover from the contractor the amount of wages so paid or the

amount of expenditure so incurred and without prejudice to the right of the Government

under section 20 sub-section (ii) and section 21 sub-section (4) of the contractor Labour

(Regulation and Abolition) Act 1970 company shall be at liberty to recover such amount or

any part thereof by deducting it from the security deposit or from any sum due by the

company to the contractor whether under this agreement or otherwise company shall not

be bound to contest any claim made against it under section 20 except on the written

request of the contractor and upon his giving to the company full security for all costs for

which Government might become liable in contesting such claim

312 The contractor shall obtain a valid licence (If required depending upon the number of

persons engaged and the nature of the work intended) under the contract Labour (RampA)

Act 1970 and the contract labour (R amp A) Central Rules 1971 before the commencement

of the work and continue to have a valid license until the completion of the work

313 Any failure to fulfill this requirement shall attract the penal provisions of this

contract arising out of the resultant non-execution of the work

314 No person below the age of (18) eighteen years shall be employed on the work

32 FAIR WAGES

(a) The contractor shall pay to persons employed by him either directly or through sub-

contractor wages not less than fair wages as defined in the CPWD Contractors Labour

(Regulations and Abolition) Act 1970 and the contract labour (Regulation and Abolition)

Central Rules 1971 wherever applicable

(b) The contractor shall notwithstanding the previsions of any contract to the contrary

cause to be paid fair wages to persons indirectly engaged on the work including any

labour engaged by his sub contractor in connection with the said work as if the labour had

been immediately employed by him

(c) The General Manager Telecom District MEHSANA or his subordinate officer

concerned shall have the right to deduct from the money due to the contractor any sum

required or estimated to be required for making good the loss suffered by a worker or

workers by reasons of non-fulfillment of the conditions of the contract for the benefit of

the workers non payment of wages or of deduction made from his or their wages are not

justified by their terms of the contract or non-observance of the Regulations

22 Signature of the Contractor

(d) The contractor shall comply with the provisions of the payment of wages Act 1936

Minimum wages Act 1948 Employees Liability Act 1938 Workmenrsquos compensation Act

1923 Industrial Disputes Act 1947 Maternity Benefits Act 1961 and the contractorrsquos

Labour (regulation and abolition) Act 1970 or the modifications there of or any other laws

relating thereto and the rules made there under from time to time

(e) The contractor shall indemnify Government against payments to be made under and

for the observance of the laws aforesaid without prejudice to his right to claim indemnity

from his sub-contractors

(f) The regulations aforesaid shall be deemed to be a part of this contract and any breach

thereof shall be deemed to be a breach of this contract

33 OTHER LABOUR WELFARE MEASURES

The contractor shall comply with all the provision of the Minimum wages Act 1948

Contractor Labour (R amp A) Act 1970 and rules framed and other labour laws affecting

contract labour that may be brought into force from time to time

34 The contract shall not assign or sublet without the written approval of the GMTD

MEHSANA or his nominated representative and if the contractor shall assign or sublet his

contract or attempt so to do or become insolvent or commence any insolvency proceeding

or make any composition with his creditors or attempt so to do or if any bribe gratuity

gift loan perquisite reward or advantage pecuniary or otherwise shall either directly or

indirectly be given promised or offered by the contractor or any of his servants or agent to

any public officer or person in the employ of Government in any way relating of his office

or employment or if any such officer or person shall become in any way directly or

indirectly interested in the contract the Designated official on behalf of the President of

India shall have power to adopt any of the coursed specified in clause 24 as he may deem

best suited in the interest of Government and in the event of any of these course being

adopted the consequences specified in the said clause 24

35 All sums payable by way of compensation under any of these conditions shall be

considered as reasonable compensation to be applied to the use of Government without

reference to the actual loss or damage sustained and whether or not any damage shall have

been sustained

36 PARTNERSHIP FIRMS

Where the contractor is a partnership firm the previous approval in writing of the

Designated officialnominated representative shall be obtained before any change is made

in the constitution of the firm Where the contractor is an individual or a Hindu undivided

family business concern such approval as aforesaid shall like wise be obtained before the

contractor enters into any partnership agreement where under the partnership firm would

have the right to carry out the work hereby undertaken by the contractor If previous

approval as aforesaid is not obtained the contract shall be deemed to have been assigned in

contravention of Clause hereof and the same action may be taken and the same

consequence shall ensure as provided in the said clause

37 All works to be executed under the contact shall be executed under the direction and

subject to the approval in all respected of the Designated official who shall be entitled to

direct at what point or points and in what manner they are to be commenced and from time

to time carried on

23 Signature of the Contractor

38 Whenever any claim against the contractor for the payment of a sum or money arises

out of or under the contract Government shall be entitled to recover such sum by

appropriating in part or whole the security deposit of the contractor and to sell any

Government Promissory Notes etc forming the whole or part of such security In the event

of the security being insufficient or if no security has been taken from the contractor then

the balance or the total sum recoverable as the case may be shall be deducted from any

sum then due or which at any time thereafter may become due to the contractor under this

or any other contract with Government Should this sum be not sufficient to cover the full

amount recoverable the contract shall pay to Government on demand the balance

remaining dues

39 AUDITS AND TECHNICAL EXAMINATION

391 Company shall have the right to cause an audit and technical examination of the

works and the final bills of the contractor including all supporting vouchers abstract etc to

be made after payment of the final bill and if as a result of such audit and technical

examination any sum is found to have been overpaid in respect of any work done by the

contractor under the contract or any work claimed by him to have been done by him under

the contract and found to have amount of over payment and it shall be liable to refund the

amount of over payment and it shall be lawful for Company to recover the same from him

in the manner prescribed or in any other manner legally permissible and if it is found that

the contractor was paid less than what was due to him under the contract in respect of any

work executed by him under it the amount of such under payment shall be duly paid by

Company to the contractor

392 Any sum of money due and payable to the contractor (including Security Deposit

returnable to him) under this contract may be appropriated by the Company and set off

against any claim of the Company for the payment of a sum or money arising out of or

under any other contract made by the contractor with the Company

40 Contractor shall not enter into agreement with any other unit on approved tender of

GMTD MEHSANA without prior approval of the General Manager Telecom District

MEHSANA

41 Without prejudice to any of the rights or remedies under this contract if the contractor

dies the GMTD MEHSANA on behalf of the company shall have the option of

terminating the contract without compensation to the contractor

42 No Engineer of gazetted rank or other gazetted officer employed in Engineering or

administrative duties in an Engineering Department of the Government of India is allowed

to work as contractor for a period of two years of his retirement from Government service

without the prior permission of Government of India This contract is liable to be canceled

if either person who had not obtained the permission of Government of India as aforesaid

before submission of the tender or engagement in the contractors service as the case may

be

43 COMPENSATION FOR DELAY The time allowed for carrying out the work as

mentioned shall be strictly observed by the contractor and shall be deemed to be of the

essence of the contract on the part of the contractor However for special jobs if the

contractor has submitted a time schedule and the same has been accepted by the designated

officialnominated representative of the company the contractor shall comply with the

said time schedule

24 Signature of the Contractor

44 TIME LIMIT amp LIQUIDATED DAMAGE CHARGES

441 It will be at the discretion of the GMTD MEHSANA to revise or modify or extend

the time limits specified for the total work awarded to the contractor or to further specify

the quantum of work to be completed within a specified period provided a written request

has been received from the contractor explaining the reasons for which such extension of

time is asked for and the GMTD MEHSANA in the particular case is convinced and

satisfied that such extension or revision or modification is in the interest of the

Government In such cases payment of liquidated damage as compensation for delay

becomes liable based on such revised or modified or extended time limits and the

conditions under which such extension or modification or revision has been made

Liquidated damage will be charged as per Special Condition clause No2 amp 3 read as

under

1 Delay in collection - Rs5- per instrument per week or part there of for entire lot of

unserviceable instruments collected delayed subject to a maximum Rs20- per instrument

in case timely collection is not done as per 2(b) of special conditions

2 Delay in delivery- Rs2- per week or part there of on the entire lot of instruments

delivered delayed in case of delivery not made timely as per Para 3 of Special conditions

442 The contractor shall have to complete the contractual work within stipulated period

and it is very clearly understood between the parties that the time is made the essence of

contract

45 The Company assumes no responsibility whatever for any oral understandings or

representations made by any its officers or agents or servants prior to the execution of the

contract and all previous negotiations and understandings are hereby canceled

46 STORERSMATERIAL SUPPLIED BY THE GOVERNMENT

All materials supplied to the contractor by the company shall remain the absolute

property of Company and shall not be removed from site of the work except for use in the

work and shall be at all times open to inspection by Designated official

47 In the event of the contractor being adjudged insolvent or going voluntarily into

liquidation or having received order or other order under insolvency Act made against him

or in the case of a company of the passing of any resolution or making of any order for

winding up weather voluntarily or otherwise or in the event of the contractor failing to

comply with any of the conditions herein specified the GMTDMEHSANA shall have

the power to terminate the contract without previous notice

48 ACCEPTANCES AND MEASUREMENT

481 It is important that the work carried out by contractor is approved by the designated

official nominated representative of the company

482 The designated official nominated representative of the Govt and the contractor or

his authorized representative will certify under their signature at the appropriate places that

the work carried out is as per the specification

49 PRICE VARIATION

25 Signature of the Contractor

The Company shall not be responsible for any escalation in prices of labour or materials

machinery equipment etc whatsoever or any increase in any duties levies or taxes in

respect thereof whatsoever and the contractor rates and contractors obligations shall

remain unaffected by such escalation and or increases

50 FORCE MAJEURE

In the event of either party being rendered unable by force majeure to perform this

contract than the obligations of the party effected by such force majeure shall be

suspended for the whole period during which such cause lasts and until normal operation

are resumed and when such cause ends the execution of this contract must be resumed

with all responsible dispatch should the execution of this contract be suspended by force

majeure than a corresponding extension of the completion date shall be automatically

granted The occurrence of a cause of force majeure however shall not relieve the

company and its obligation to make payment to the contractor for the work satisfactorily

executed prior thereto The terms force majeure as employed herein shall mean act of God

war declared or undeclared hostilities enemy actions revolts riots legal lock outs and

eligible strikes tidal waves forest fires major floods explosions earth quakes epidemics

sabotage extra ordinary act and Regulation of central or state Government or Municipality

Bodies Upon the occurrence of such causes and its termination the parties rendered unable

as aforesaid shall notified the other party in writing within 72 hours of the beginning and

ending dates giving full particulars and evidences if required

51 PAYMENTS

The contractor shall prepare the bills claiming shown as labour cost and material cost

separately The contractor shall submit the bills within 30 days after completion of the

work duly certified by the designated officialnominated representative of company

GMTD MEHSANA has full right to disallow the payment of the bills received after 30

days of completion of work

52 The GMTD MEHSANA may however at his discretion allow the contractor to

submit fortnightly bills or at the end of each work

53Income tax at the rate in force at that time would be deducted from his payments of bills

as Tax deducted at source However if any new legislation comes into effect for

deduction of tax at source at any other rate deduction will be made at that rate

The GMTD MEHSANA will issue necessary Income tax deduction certificate or the

Accounts Officer detailing the amount so deducted As Tax Deducted at Source at the time

of payment or each bill

54 The Tenderer should submit all requisite documents including EPF related documents

as per clause in tender terms amp conditions and special conditions along with the bill if

applicable

55 PAYMENT PROCEDURE

551 The bills are to be submitted in TRIPLICATE and in the manner and form that may

be prescribed by the GMTD MEHSANA from time to time ldquoAccounts Payeerdquo cheque

for amount passed in the bill will be issued only after the contractor gives a stamped

receipt for the amount unless the bills are pre-receipt Only Accounts Payee Cheques

drawn on the branch of the state bank of India or other bank in which the GMTD or the

26 Signature of the Contractor

Accounts Officer may be having drawing assignment account will make payments The

payments will be made either by the Accounts Officer or by any other official who at any

period of time may be convenient to the company

552 Any liquidated damages due shall also be recoverable from the bills submitted for the

payment by the aforesaid officer

553 The security deposit with the GMTD Shall be considered for adjustment against

liquidated damages only at the time of final conclusion of the contract and final settlement

of account

554 The GMTD MEHSANA will have e the right to recover liquidated damages for

delay or slow progress of the works from the bills submitted for payment

555 The final settlement of the bills and refund adjustmentappropriation of any amount

detained from the running bill of the contractor shall be made fully after the GMTD is

satisfied that all the contractual obligation have been fully met and no amount remain due

for recovery from the contractor on any count Unless there are specific reasons all

accounts are expected to be settled within a period of six months from the date of

completion of the works in all respects

56 FINAL ACCEPTANCE

If any of the work is found to be unsatisfactory by the designated officialnominated

representative of the govt the contractor shall be intimated in writing of the corrections

repairing to be carried out The contractor shall be required to correct all defects that

remain evident at any time prior to final acceptance of the contractors works by the

GMTD MEHSANA The cost of all such repairs and corrections shall be borne by the

contractor Failure or neglect on the part of the GMTD MEHSANA or his representative

to confirm or reject inferior work notwithstanding final acceptance of the work or any part

thereof by the company THE GMTD MEHSANA Designated official or his

representative shall not be construed to imply the acceptance of such work The provision

of this clause shall not in any way affect or limit the contractors liability under the

undertaking and guarantee contained in the contract documents

57 DISPUTES AND ARBITRATION

All dispute arising between the contractor and GMTD MEHSANA out of this contract

shall be referred to the sole arbitration in the following manners -

a) In case parties are unable to reach a settlement by themselves the dispute should be

submitted for arbitration in accordance with contract agreement

b) There should not be a joint submission with the contractor to the sole arbitrator

c) Each party should submit its own claimed severely and may oppose the claim put

forward by the other party

d) The onus of establishing his claims will be left to the contractor

e) His claim will be firmly resisted by utilizing all the evidence available with the

company

27 Signature of the Contractor

f) Once a claim has been included in the submission by the contractor a retraction or

modification thereof will be opposed

g) The Point of Defense will be based on actual condition of the contract

h) The question whether these conditions are equitable shall not receive any consideration

in the preparation of Points of Defense

i) The arbitrator shall not entertain claims in the nature of ex-gratia payments as these

are not contractual

j) If the contractor including such claims in his submission the fact that they are not

contractual will be prominently placed before the arbitrator

k) In case the amount involved is heavy the sole arbitrator may be within his rights to

conduct the defense by the government pleader

The award of the sole arbitrator shall be final and binding on the parties to the dispute It

is further agreed that reference to the sole arbitration of officer appointed as arbitrator is

conditions precedent and none will be entitled to move the court without referring the

matter to sole arbitrator

58 Contractor should produce latest Income Tax CertificateSales Tax registration

certificate

59GMTD Mehsana reserves the rights to terminate RRC for breach of

conditionconditions of the agreement after giving a show cause notice of 14 days and after

examining reply if any filed by him pursuance to show cause notice

60 GMTD Mehsana reserves the rights to engaged one or more contractors for this work

61 Rates to be quoted in ANNEXURE ndash III Financial Bid in separate sealed cover and

declaration to be given in ANNEXURE-II-A amp ANNEXURE ndash II B duly signed by all

partnersdirectors of the companyfirm

28 Signature of the Contractor

SECTION ndash V

SPCECIAL CONDITIONS

Work Orders shall be issued by concerned SDE approved by DE

1 Scope of the work Repairing of faulty electronic CLIP push button telephone

instruments buttons key including plan instrument It shall cover all instruments

including those having PCB Display of CLI and burnt out due to their connections

to powers inadvertently but excluding PBT with bakelite portion broken

discolored

2 Collection of faulty instruments

A For lifting of faulty instruments the minimum lot size will be of 20 units

the SDEexchange in charge will intimate the quantity of faulty instruments

accumulated with him over telephone or by FAX to the contractor

B The contractor shall ensure the collection of the faulty instruments within

three working days of the date at giving work order or intimation over telephone or

by FAX on working days between 10 AM to 17 PM at his cost

C The contractor shall acknowledge the receipt of the faulty instruments made

over to him

3 Duration of repair

A The contractor shall repair the faulty instruments at his own work-shop and

return the same to SDEexchange in-charge concerned at his own cost within one

week of its collection (for calculating one week the day of collection and day of

handing over will be inclusive)

B After carrying out repairs of the faulty instruments the contractor shall

offer the instruments to SDEExchange in-charge or JTO nominated by him for

inspection and testing one day before the expiry of schedule delivery date The

decision of the inspecting officer as to accept the repaired instruments will be final

and binding on contractor

C The contractor shall pack each repaired instrument suitably in a

polythene bag after polishingbuffing while returning them to SDE

D The contractor shall paste stiker with date of repairing on back side of

each repaired instrument while returning them to SDE

E The repaired instruments shall be returned back to the same SDEExchange

in-charge unless specified otherwise from where these instruments were collected

for repairs

4 Warranty repair

The contractor will undertake quality repair which will ensure the normal

troubledefect free performance of the instruments for a period of 12 months from

the date of inspection and clearance In case the repaired instruments develops

any defect or any deficiency or fault ie it becomes faulty during the warranty

29 Signature of the Contractor

period the contractor shall rectify repair and remedy such defects deficiency in the

repaired instruments at his own cost and expenses

5 A Method of evaluation

Tenders will be evaluated with reference to the total cost worked out by

multiplying rates quoted by Tenderer with approximate number of EPBT amp

CLIP Instruments as shown in the price bid

B Reports

1 The contractor shall furnish a summary of fault found and namedetails of

the components replaced in the instruments repaired while offering them for

inspection

2 The contractor shall also furnish a quarterly analysis of faulty and repaired

batch wise as per Annexure-I

6 Quality of components

The contractor shall use good quality components for repairs of the instruments

The replaced parts should be purchased by the contractor from DOT approved

source s

7 Liquidated damage

1 Delay in collection Rs 5- per instruments per week or part thereof for

entire lot of unserviceable instruments collected delayed subject to a

maximum of Rs 20- per instruments In case timely collection is not don as

per Para 2(B) above

2 Delay in delivery Rs2 per instrument per week or part thereof on the

entire lot of instruments delivered delayed in case delivery not made timely

as per Para 3 above

8 Quantum of EMD and PSD

EMD as per NIT - to be paid either in cash or in form of DDBankerrsquos

ChequePay Order from NationalizedScheduled Bank in favour of Accounts

Officer (Cash) BSNL Oo GMTD ndash Mehsana payable at Mehsana

Performance Security Deposit 10 of estimated cost of tender payable either in cash or DD or in form of Bank guarantee

from Nationalized BankScheduled Bank for a period of 24 months which will be released or refunded after successful

completion of contract and no due pending against contractor 9 Extension of validity of RRC period Period of RRC will normally

be one year However GMTD Mehsana reserves the right to extend it for a further period of six months or one year or part

there of under the same rates and terms and conditions

Estimated cost for the second year or part there of shall be considered same as approved for first year or part

there of on pro-rata basis

30 Signature of the Contractor

10 Eligibility The bidder should have

Experience of repairing of CLIP or EPBT Instruments in DOTBSNLGovt

PSU Private SectorFirm for one year during last five years as per NIT

11 Documents to be submitted with Technical Bid (Qualifying Bid) to establish

their eligibility for bidding

111 Experience certificate (self attested copy) issued by not below the rank of DEAGM in

DOTBSNLGovtPSUPrivate SectorFirm as required under clause 10 above

112 Self attested Copy of registration of firm (not required for proprietorship)

113 For EPF particulars submit the EPF registration certificate if applicable

(If not applicable submit the clarification as to how not applicable and submit

undertaking on Non judicial stamp paper of Rs 50- regarding submission of it within

one month after the agreement with BSNL Mehsana) If the firms which are under

partnership deed Company Pvt Ltd shall have to submit EPF registration certificate

If not obtain they shall have to obtain the earliest and latest by the time of agreement

They shall have to submit necessary undertaking certificate for this in ANNEXURE-

VI

114 Self attested Copy of Registration particulars with Central Excise for Service Tax If

undertaking is given he shall have to submit within one month before agreement failing

which there will be no agreement (If Service tax is not applicable he shall have to

submit reasons as to how it is not applicable)

115 Partnership deed amp power of attorney who has signed the bid (self attested copy) if

applicable

116 Bio-data of Tenderer in ANNAXURE--IV

117 Declaration to be given in ANNEXURE-II A amp II B

12 Rates to be quoted in ANNEXURE-III In Financial Bid to be submitted separately

in sealed cover

13 GMTD Mehsana reserves the rights to terminate RRC for breach of condition

conditions of the agreement after giving a show cause notice of 14 days and after

examination reply if any filled by him pursuance to show cause notice

14 EPF contribution in respect of LabourEmployees employed by the contractor for

execution of works of BSNL if applicable The contractor will have to

fulfillcompliance of the provisions of EPF amp Misc provisions Act1952 amp Employees

provident fund scheme-1952 by the contractor in respect of LaboursEmployees

engaged by them for performing the work of BSNL while submitting the claim of bills

towards works executed by him if applicable he must accompany the

i List showing the details of LaboursEmployees engaged

ii Duration of their engagement

iii The amount of wages paid to such LaboursEmployees for the duration in question

iv Amount of EPF contribution (both employees amp employers contribution) for the

duration of engagement in question paid to the EPF authorities

31 Signature of the Contractor

v Copies of authenticated documents of payments of such contributions to

EPF authorities and a declaration for compliance of EPF Act 1952

15 The BSNL reserves the right to disqualify such bidders who have a record of not

meeting contractual obligation against earlier contracts entered into with the

BSNL MEHSANA

16 Multiple Vendor System -The BSNL Mehsana intends to limit the number

of technically amp commercially responsive bidders to (Maximum three) from

the list of such bidders arranged in increasing order of their evaluated rate

starting from the lowest for the purpose of award of work against this

tender The distribution of quantum of work among the bidders is as per

clause of Section ndash of tender document

ldquoHowever SSA Head Mehsana reserve the right for the award of contract amp

work of entire tendered quantity to the bidder with the lowest evaluated

ratesrdquo

17 NOTE-

Tender documents containing detailed description of work terms amp conditions can be

had from Asstt General Manager (MM) Oo GMTD Mehsana 2nd Floor Admn

Building Sanchar Bhawan Pilaji Ganj Mehsana-384001 between 10=00 hours to

17=00 hours from 26102016 to 17112016 on all working days

Asstt General Manager (MM) Oo GMTD Mehsana ndash 384001

32 Signature of the Contractor

SECTION ndashVI

1 Specification and Tentative Quantum of work for repairing of EPBT amp

CLIP (approximate)

Sr

No

Name of SDE Unit

[Concern Supervising

Authority]

Quantum of Works for Tender for repairing

of EPBT amp CLIP Instruments [In No]

CLIP Inst EPBT

Inst

Buttons

Key

Plan Inst

1 SDE P MEHSANA 750 900 3 5

2 SDE G MEHSANA 225 250 5 0

3 SDE G CHANASAMA 100 0 5 0

4 SDE G CHHATRAL 350 200 0 0

5 SDEP KADI 50 0 0 0

6 SDEG KADI 50 0 0 0

7 SDEP KALOL 750 450 7 0

8 SDEG KALOL 150 50 0 0

9 SDEP VIJAPUR 60 85 2 0

10 SDEG VIJAPUR 75 95 2 0

11 SDEG MNSGZR 50 80 3 0

12 SDEG KUKARWADA 50 75 2 0

13 SDEP VISNAGAR 350 200 5 0

14 SDEG VISNAGAR 150 75 4 0

15 SDEG VADNAGAR 100 25 4 0

16 SDEG SATLASANA 75 40 3 0

17 SDEG KHERALU 100 50 3 0

18 SDEP UNJHA 500 400 3 0

19 SDEG UNJHA 100 113 2 0

20 SDEP SIDHPUR 450 300 3 0

21 SDEG SIDHPUR 200 200 5 0

22 SDEP PATAN 350 150 5 0

23 SDEG PATAN 100 50 5 0

24 SDEG HRJSAMI 100 50 4 0

Total 5235 3838 75 5

33 Signature of the Contractor

SECTION ndashVII

STANDARD SCHEDULE OF RATE (SOR) FOR REPARING OF EPBT

AND CLIP INSTRUMENT IN MEHSANA TELECOM DISTRICT (MEHSANA SSA)

To

GMTD Mehsana

Sub - Our Financial Bid for repairing of EPBT amp CLIP Instruments in Mehsana SSA

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Sir

Having examined the tender documents terms amp conditions specification of work

stipulated there in IWe the undersigned offer our rates in percentage as under

Brief description of items for

Repairing under ARC

Approx Quantity to be

repaired under ARC

SOR Per Instrument

(a) (b) (c)

(1) Repairing of CLIP Telephones

instruments

5235 No Rs 55-

(2) Repairing of Electronics Push

Button Telephones (EPBT)

3838 No Rs 23-

(3) Repairing of Buttons Key

75 No Rs 26-

(3) Repairing of Plan Instruments

5 No Rs 39-

Note- The Quantity of Clip instrument ( 5500) may be consider which AMC will be expired as per given below -

(1) AMC of 1400 PTPL instrument may be expired on 23092016

(2) AMC of 3100 PTPL instrument may be expired on 21012017

(3) AMC of 1000 PTPL instrument may be expired on 25032017

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

34 Signature of the Contractor

ANNEXURE-I

Fault analysis report of instruments of quarter ending

No of faulty

instruments

with

contractor at

the

beginning of

the period

No of faulty instruments

received by contractor

during the quarter

No of faulty instruments

repaired and returned to

Depot officer

CF No of

faulty

instruments

with

contractor

In warranty Out of

warranty

In warranty Out of

warranty

1

2

Nature of Fault

Type No Of instruments

No

dial

tone

Dial

faulty

No

ring

Poor

speechdisturbance

Dead Display

Fault

No fault

foundMisc

In

warrant

Out of

warranty

Repairing carried out

Type Faults in

TransmitterReceiver Ringer Contract

foil

PCB

Fault

Disply No fault

foundMisc

In

warrant

Out of

warranty

35 Signature of the Contractor

ANNEXURE ndashII

DECLARATION

(TO BE SUBMITTED WITH TECHNICAL BID)

IWe hereby declare that IWe have carefully gone through the Terms amp Conditions of

Tender Notice Invited vide No MMTenderMehsana2016-1706 Dated 26102016 in

detail and agree to the rate submitted by MeUs in the rate sheet and IWe agree in full to

abide by them

1) Signature of the Party ___________________________________

Full Name ___________________________________

(In block letter) ___________________________________

2) Full address ___________________________________

___________________________________

___________________________________

___________________________________

Tele No (O)________________________________

(R)________________________________

3) Capacity in which the __________________________________

Tender is signed

Rubber stamp is required) __________________________________

__________________________________

Date Signature of the Tenderer with seal

36 Signature of the Contractor

ANNEXURE ndash IV

DECLARATION REGARDING EPF TO BE GIVEN ON NON-JUDICIAL STAMPS

PAPER OF RS 100-

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

I helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipProprietor of

Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip do here by declare

that I am the proprietor of my above firm I am carrying out the repairing of

EPBT amp CLIP my self I do not engage labour So EPF is not applicable to

me

However the decision of the competent authority shall be binding to me in

this regard

Name of the Bidder

Signature of the Bidder with Seal

37 Signature of the Contractor

ANNEXURE ndash V

Undertaking to be given for compliance of EPF Registration certificate

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

We the partners Directors of the firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Do here by undertake that if our tender is accepted we will submit the EPF Registration

certification at the earliest latest by one month after the agreement carried out with the

BSNL Mehsana for execution of works for repairing of EPBT amp CLIP Instruments in

Mehsana SSA failing which the decision of the competent authority will be binding on us

To be signed by all Partners directors

38 Signature of the Contractor

ANNEXURE ndash VI

LETTEROF AUTHORISATION FOR ATTENDING BID OPENING

Tender Number MMTenderMehsana2016-1706 Dated 26102016

Subject Authorisation for attending bid opening on___________________(date) the

tender of following persons are hereby authorised to attend the bid opening

for the tender mentioned above on behalf of ______________________

(Bidder) in order of preference given below

Order of Preference Name

Specimen Signatures

I

II

Alternate

Representative

Signatures of

bidder

Or

Officer authorised to sign the bid

Documents on behalf of the bidder

No 1 Maximum of two representatives will be permitted to attend bid opening In

case where it is restricted to one first preference will be allowed Alternate

representative will be permitted when regular representatives are not to able

attending

2 Permission for entry to the hall where bids are opened may be refused in case

authorisation as prescribed above is not recovered

39 Signature of the Contractor

ANNEXURE ndash VII

INTEGRITY PACT

Between

Bharat Sanchar Nigam Limited (BSNL) GMTD-Mehsana hereinafter referred to as ldquoThe

Principalrdquo

And

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphereinafter referred to as ldquoThe BidderContractorrdquo

Preamble

The Principal intends to award under laid down organizational procedures contracts for --

----------------------------------------- The Principal values full compliance with all relevant

laws and regulations and the principles of economic use of resources and of fairness and

transparency in its relations with its Bidders and Contractors

In order to achieve these goals the Principal will appoint an Independent External Monitor

who will monitor the tender process and the execution of the contract for compliance with

the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to

observe the following principles -

(a) No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for

or accept for himherself or third person any material or immaterial benefit which heshe

is not legally entitled to

(b) The Principal will during the tender process treat all Bidder(s) with equity and reason

The Principal will in particular before and during the tender process provide to all

Bidder(s) the same information and will not provide to any Bidder(s)

confidentialadditional information through which the Bidder(s) could obtain an advantage

in relation to the tender process or the contract execution

(c) The Principal will exclude from the process all known prejudiced persons

(2) If the Principal obtains information on the conduct of any of its employees which is a

criminal offence under the relevant Anti-Corruption Laws of India or if there be a

substantive suspicion in this regard the Principal will inform its Vigilance Office and in

addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder(s)Contractor(s)

(1) The Bidder(s)Contractor(s) commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation

in the tender process and during the contract execution

(a) The Bidder(s)Contractor(s) will not directly or through any other person or firm offer

promise or give to any of the Principalrsquos employees involved in the tender process or the

40 Signature of the Contractor

execution of the contract or to any third person any material or immaterial benefit which

heshe is not legally entitled to in order to obtain in exchange any advantage of any kind

whatsoever during the tender process or during the execution of the contract

(b) The Bidder(s)Contractor(s) will not enter with other Bidder(s) 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

(c) The Bidder(s)Contractor(s) will not commit any offence under the relevant Anti-

corruption Laws of India further the Bidder(s)Contractor(s) will not use improperly for

purposes of competition or personal gain or pass on to others any information or

document provided by the Principal as part of the business relationship regarding plans

technical proposals and business details including information contained or transmitted

electronically

(d) The Bidder(s)Contractor(s) will when presenting his bid disclose any and all

payments he has made is committed to or intends to make to agents brokers or any other

intermediaries in connection with the award of the contract

(2) The Bidder(s)Contractor(s) will not instigate third persons to commit offences outlined

above or be an accessory to such offences

Section 3 ndash Disqualification from tender process and exclusion from future contracts

If the Bidder(s)Contractor(s) before contract award or during execution has committed a

transgression through a violation of Section 2 above or in any other form such as to put his

reliability or credibility in question the Principal is entitled to disqualify the

Bidder(s)Contractor(s) from the tender process or take action as per the defined procedure

Section 4 ndash Compensation for Damages

(i) If the Principal has disqualified the Bidder(s) from the tender process prior to the award

according to Section 3 the Principal is entitled to demand and recover the damages

equivalent to Earnest Money Deposit Bid Security

(ii) If the Principal has terminated the contract according to Section 3 or if the Principal is

entitled to terminate the contract according to section 3 the Principal shall be entitled to

demand and recover from the Contractor the amount equivalent to Security Deposit

Performance Bank Guarantee in addition to any other penalties recoveries as per terms

and conditions of the tender

Section 5 ndash Previous transgression

(i) The Bidder declares that no previous transgression occurred in the last 3 years with any

other Company in any country conforming to the Anti-corruption approach or with any

other Public Sector Enterprise in India that could justify his exclusion from the tender

process

(ii) If the Bidder makes incorrect statement on this subject he can be disqualified from the

tender process or action can be taken as per the defined procedure

Section 6 ndash Equal treatment of all BiddersContractorsSubcontractors

41 Signature of the Contractor

(i) The principal will enter into agreements with identical conditions as this one with all

BiddersContractors

(ii) The Bidder(s)Contractor(s) undertake(s) to demand from all subcontractors a

commitment in conformity with this Integrity Pact

(iii) The Principal will disqualify from the tender process all bidders who do not sign this

Pact or violate its provisions

Section 7 ndash Criminal charges against violating

Bidder(s)Contractor(s)Subcontractor(s)

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or

of an employee or a representative or an associate of a Bidder Contractor or

Subcontractor which constitutes corruption or if the Principal has substantive suspicion in

this regard the Principal will inform the Corporate Vigilance Office

Section 8 ndash External Independent MonitorMonitors

1 Principal appoints competent and credible Independent External Monitor for this Pact

The task of the Monitor is to review independently and objectively whether and to what

extent the parties comply with the obligations under this agreement

2 The Monitor is not subject to instructions by the representatives of the parties and

performs his functions neutrally and independently He reports to the CMD of the BSNL

3 The Bidder(s)Contractor(s) accepts that the Monitor has the right to access without

restriction to all Project documentation of the Principal including that provided by the

Contractor The Contractor will also grant the Monitor upon his request and demonstration

of a valid interest unrestricted and unconditional access to his project documentation The

same is applicable to Subcontractors The Monitor is under contractual obligation to treat

the information and documents of the Bidder(s)Contractor(s)Subcontractor(s) with

confidentiality

Notwithstanding anything contained in this Section the Bidder(s)Contractor(s) shall have

no obligation whatsoever to provide any internal costing mechanisms or any internal

financial or commercial data pursuant to any audit or review conducted by or on behalf of

the Principal Further the Bidder(s)Contractor(s) shall not be required to provide any data

relating to its other customers or any personnel or employee related date

4 The Principal will provide to the Monitor 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 Principal and the Contractor The parties offer to the

Monitor the option to participate in such meetings

5 As soon as the Monitor notices or believes to notice a violation of this agreement he

will so inform the Management of the Principal and request the Management to

discontinue or take corrective action or to take other relevant action The monitor can in

this regard submit non-binding recommendations Beyond this the Monitor has no right to

demand from the parties that they act in a specific manner refrain from action or tolerate

action

42 Signature of the Contractor

6 The Monitor will submit a written report to the Chairperson of the Board of the Principal

within 8 to 10 weeks from the date of reference or intimation to him by the lsquoPrincipalrsquo and

should the occasion arise submit proposals for correcting problematic situations

7 If the Monitor has reported to the CMD of the BSNL a substantiated suspicion of an

offence under relevant Anti-Corruption Laws of India and the BSNL has not within

reasonable time taken visible action to proceed against such offence or reported it to the

Corporate Vigilance Office the Monitor may also transmit this information directly to the

Central Vigilance Commissioner Government of India

8 The word lsquoMonitorrsquo would include both singular and plural

Section 9 ndash Pact Duration

This Pact begins when both parties have legally signed it It expires for the Contractor 12

months after the last payment under the contract and for all other Bidders 6 months after

the contract has been awarded

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 dischargeddetermined by

CMD BSNL

Section 10 ndash Other provisions

1 This agreement is subject to Indian Law Place of performance and jurisdiction is the

Registered Office of the Principal ie New Delhi The arbitration clause provided in the

tender document contract shall not be applicable for any issue dispute arising under

Integrity Pact

2 Changes and supplements as well as termination notice need to be made in writing

3 If the Contractor is a partnership or a consortium this agreement must be signed by all

partners or consortium members

4 Should one or several provisions of this agreement turn out to be invalid the remainder

of this agreement remains valid In this case the parties will strive to come to an agreement

to their original intensions

------------------------------------ ----------------------------------

For the Principal For the BidderContractor

Placehelliphelliphelliphelliphelliphelliphelliphellip Witness 1 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphellip Witness 2 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

43 Signature of the Contractor

Anexx-VIII

AGREEMENT

This agreement made on thishelliphelliphellip day of helliphelliphellip Yearhelliphelliphelliphellip Between hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphellipHerein after called ldquo The contractorrdquo (which expression shall unless excluded by or

repugnant to the context include its successors heir executors administrative representative and

assignee) of the one part amp the BSNL (GMTD Mehsana) herein after referred to as the BSNL of

other part Tender No MMTenderMehsana2016-1706 Dated 26102016

Where as the contractor has offered to enter with the said BSNL for the contract for repairing of

EPBT amp CLIP Plan instruments amp Buttons Key in Mehsana SSA Mehsana Telecom District on

the terms and conditions herein contained and the rates approved by the BSNL (copy of rates

annexed) have been dully accepted and whereas the necessary security deposit have been furnished

in accordance with the provision of the tender documents and whereas no interest will be claimed

on the security deposit Now these presents witness and it is hereby agreed and declared by and

between the partiesrsquo presents as follows

(1) The contractor shall during the period of this contract that is to say fromhelliphelliphelliphelliphellipTo

helliphelliphelliphellip or completion of work whichever is earlier or until this contract shall be

determined by such notice as is herein after mentioned safely carried out by means of

Labours employed at his own expense and by means of tools implements of equipments

etc to be supplied by him to his Labours at his own expense all work of repairing of

EPBT amp CLIP instruments as described in tender documents (annexed to the agreement)

when the BSNL or any other person authorized by GMTD Mehsana in that behalf require it

is under stood by the contractor that the quantity of work mentioned in the schedule is

likely to change as per actual requirement as demanded by exigencies of service

(2) The Notice Inviting Tender Bid documents (qualifying and financial) letter of intent

approved rates annexed here to and such other additional particulars instructions

drawings work orders as may be found requisite to be given during execution of work

shall be deemed and taken to be an integral part of the contract and shall be deemed to be

included in the expression ldquoThe agreement) or ldquoThe Contractrdquo wherever herein used

(3) The contractor also supplies the requisite number of workmen with means and materials as

well as tools appliances vehicles for transportation cartage etc required for the proper

execution of work within the prescribed in the work orders

(4) The contractor hereby declares that no body connected with or in the employment of the

BSNL is notshall not ever be admitted as partner in the contract

(5) The contractor shall abide by the terms and conditions rules guide lines constructions

particulars safety precautions etc stipulated in the tender documents including any

correspondence between the contractor and the BSNL having bearing on execution of work

and payments of work to be done under the contract

In witness whereof the partiesrsquo presents have here in to set their representative hands and

seals the day and year in

Signed sealed amp Delivered by

The above named contractor in the presence of

Above written

Witness

(1)

(2) Signed and delivered on behalf of BSNL

Witness

(1)

(2)

44 Signature of the Contractor

ANNEXURE-IX - UNDERTAKING

This deed of undertaking executed on this helliphelliphellip day ofhelliphelliphelliptwo thousand andhelliphellip

by (name of sole proprietorpartnerdirectorauthorized representative the firm

company trust society etc)helliphelliphelliphelliphelliphelliphelliphelliphelliphellipSO helliphelliphelliphelliphelliphelliphelliphellip

residing athelliphelliphelliphelliphelliphelliphelliphelliphelliphellipOn behalf of said helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of the firm company Trust Society etc) having its office athelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

and dully authorized to sign file and verify present undertaking by the said hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of Firm company Society etc) in favour of Bharat Sanchar Nigam Ltd a

Government Of India undertaking having its registered office at Statesman

HouseB-148 Barkhamba Road New Delhi and local office at Administrative

Building Sanchar Bhawan BSNL Pilaji Ganj Mehsana-1 here in after called

BSNL (which terms shall mean and include its successors administrators heirs and

assigns Where as MS BSNL invited bids for repairing of EPBT amp CLIP instruments in Mehsana SSA

IWe participated in the bidding process and emerged as successful bidder with respect to tender No

MMTenderMehsana2016-1706 Dated 26102016

IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Acknowledge that IWe have fully under

stood and aware of the terms amp conditions of the Tendercontract and do hereby unequivocally and

unconditionally undertake and declare that

(1) IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip shall comply with all

the rulesRegulationsLawsGovernment instructionsstatus etc that are

applicable will be made applicable and or are aimed to protect the interest of

the workersemployees engaged by meus in the past and during the course of

performance of the contract with BSNL

(2) IWe shall fully protect indemnity and hold harmless BSNL and its employees

officers Directors agents judgments damages fines penalties and costs

(including legal costs and disbursements) arising from or relating to

Any breach violation of any direction order from any governmental

authority any provisions of the labour laws or any other laws status or

regulations that are or will be aimed to protect the interest of the

workersLabours engaged by the contractors in past and during the

course of this contract

OR

Any other payments claims or liability that may arise for ensuring

compliance of the provisions of any of the labour laws or any other laws

etc OR

Any other claim made by any third party in connection with any violation

of any laws guide lines instructions etc

In witness whereof this undertaking has caused on thehelliphelliphelliphelliphelliphellip

DayhelliphelliphelliphelliphellipMonth ofhelliphelliphellip Year

Date

Place

Signature

Name

Designation

Witness 1 2helliphelliphellip

45 Signature of the Contractor

ANNEXURE-X

E-Tendering Instructions to Bidders

These Special Instructions (for e-Tendering) supplement lsquoGeneral instructions to Biddersrsquo as enclosed in Section IV of this E-Tender Document Wherever there is a conflict the provisions herein shall prevail over those in other pages of this document

Submission of Bids only through online process is mandatory for this Tender

For conducting electronic tendering BSNL Mehsana is using the portal

(httpeprocurementsynisecombsnl1gujarat) of Ms Synise Technologies ltd Pune A - Submission of tender

1 The bidding process will be accepted only through e-tendering platform 2 Availability of e-tendering document e-tender document can be obtained by

downloading it from the website httpeprocurementsynisecombsnl1gujarat the

physical copy of the Tender document would not be available for sale

3 The Tender document shall not be available for download on its submissionclosing date B - General 1 Tender Bidding Methodology

Sealed Bid System ndashldquoSingle Stage using two envelopsrdquo

In this case of two envelope system Financial amp Techno-commercial bids shall be

submitted by the bidder at the same time

2 Broad outline of activities from Bidders prospective

1 Procure a Digital Signing Certificate (DSC)

2 Register on Electronic Tendering System (RETS)

3 Create Users and assign roles on ETS

4 View Notice Inviting Tender (NIT) on ETS

5 Download Official Copy of Tender Documents from ETS

6 Clarification to Tender Documents on ET Query to BSNL (Optional)

View response to queries posted by BSNL as addenda

7 Bid-Submission on ETS

8 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Techno-commercial Part

9 View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond to BSNLrsquos Post-TOE queries

10 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Financial-Part (Only for Technical Responsive Bidders)

For participating in this tender online the following instructions need to be read

carefully These instructions are supplemented with more detailed guidelines on

the relevant screens of the ETS

3 Digital Certificates

For integrity of data and its authenticity non-repudiation of electronic records and be compliant with IT Act 2000 it is necessary for each user to have a Digital Certificate (DC) also referred to as Digital Signature Certificate (DSC) of Class 2 or above issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer httpwwwccagovin]

4 Registration

To use the Electronic Tenderreg portal ( httpeprocurementsynisecombsnl1gujarat) vendor needs to register on the

46 Signature of the Contractor

portal Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e-tendering activities In ETS terminology this person will be referred to as the Super User (SU) of that organization For f u r ther details

p lease v is i t the websiteportal and follow further instructions as given on the site You may also contact tender wizard Helpdesk (as given below) to get your registration acceptedactivated Tender wizard Helpdesk

Telephone 020-30277517 020-30277522020-30277516

[between 1000 hrs to 1800 hrs on working days]

Mobile Nos Mr Hiren Pandar 7774013247 7774013248

E-mail ID helpdesksynisecom [Please mark CC

hirenpsynisecom]

BSNL Contact-1

BSNLrsquos Contact Person AGM MM Mehsana

Telephone Mobile (02762-220855222900)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID agmmmmehbsnlin

BSNL Contact-2

BSNLrsquos Contact Person SDE MM-Mehsana

Telephone Mobile (02762-221855)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID mehsdemm2bsnlin 5 Bid related Information for this Tender (Sealed Bid)

The entire bid-submission would be

online on ETS Broad outline of

submissions are as follows

Submission of digitally signed copy of Tender DocumentsAddendumaddenda

Two Envelopes

Techno-commercial -Part

Financial-Part

Note -

i) If some document is not applicable for the bidder then he has to upload

scanned copy of paper mentioning ldquoThe document ltNamegt called vide

clause helliphelliphelliphelliphelliphelliphellip is not applicable on usrdquo

ii) If document asked for contains more than one page then all those pages may be uploaded in one PDF format file

iii) Please take care to scan documents such that the total size of

documents to be uploaded remains minimum However it shall be sole

responsibility of bidder that the uploaded documents remain eligible

6 Offline Submissions

The bidder is requested to submit the following documents offline to AGM (MM) 2nd Floor Sanchar Bhawan Pilaji Ganj Mehsana-384001 on or before the date amp

time of submission of bids specified in covering letter of this tender

47 Signature of the Contractor

document in a Sealed Envelope The envelope shall bear (name of the tender) the tender number and the words lsquoDO NOT OPEN BEFORErsquo (due date amp time)

1 EMD-Bid Security in Original

2 DD Bankers cheque against payment of tender fee

3 Power of attorney (if applicable) Note The bidder has to upload the Scanned copy of all above said documents during

online Bid submission also

7 Special Note on Security of Bids

Security related functionality has been rigorously implemented in ETS in a multi-dimensional manner Starting with Acceptance of Registration by the Service Provider provision for security has been made at various stages in Electronic Tenderrsquos software Security related aspects as regard Bid Submission are outlined below

As part of the Electronic Encryptertrade functionality the contents of both the lsquoElectronic Formsrsquo and the lsquoMain-Bidrsquo are securely encrypted using a Pass-Phrase created by the Bidder himself Unlike a lsquopasswordrsquo a Pass-Phrase can be a multi-word sentence with spaces between words (eg I love this World) A Pass-Phrase is easier to remember and more difficult to break It is recommended that a separate Pass-Phrase be created for each Bid-Part This method of bid- encryption does not have the security and data-integrity related vulnerabilities which are inherent in E-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid- encryption Bid-encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE) even if there is connivance between the concerned tender- opening officers of the Buyer organization and the personnel of e-tendering service provider

Typically lsquoPass-Phrasersquo of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself when demanded by the concerned Tender Opening Officers who will open the bid Else Tender Opening Officer may authorize the bidder to open his bid himself There is an additional protection with SSL Encryption during transit from the client-end computer of a Supplier organization to the e-tendering server portal

8 Public Online Tender Opening Event (TOE)

ETS offers a unique facility for lsquoPublic Online Tender Opening Event (TOE)rsquo Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices For this purpose representatives of bidders (ie Supplier organization) dully authorized are requested to carry a Laptop and Wireless Connectivity to Internet Every legal requirement for a transparent and secure lsquoPublic Online Tender Opening Event (TOE)rsquo has been implemented on ETS As soon as a Bid is decrypted with the corresponding lsquoPass-Phrasersquo as submitted online by the bidder himself (during the TOE itself) salient points of the Bids are simultaneously made available for downloading by all participating bidders The work of taking notes during a manual lsquoTender Opening Eventrsquo is therefore replaced with this superior and convenient form of lsquoPublic Online Tender Opening Event (TOE)rsquo ETS has a unique facility of lsquoOnline Comparison Chartrsquo which is dynamically updated as each online bid is opened The format of the chart is based on inputs provided by the Buyer for each Tender The information in the Comparison Chart is based on the data submitted by the Bidders in electronic forms A detailed Technical and or Financial Comparison Chart enhances Transparency Detailed instructions are given on relevant screens

48 Signature of the Contractor

ETS has a unique facility of a detailed report titled lsquoMinutes of Online Tender Opening Event (TOE)rsquo covering all important activities of lsquoOnline Tender Opening Event (TOE)rsquo This is available to all participating bidders for lsquoViewing Downloadingrsquo

There are many more facilities and features on ETS For a particular tender the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer

NOTE In case of internet related problem at a bidderrsquos end especially during lsquocritical

eventsrsquo such as ndash a short period before bid-submission deadline during online

public tender opening event etc it is the bidderrsquos responsibility to have backup

internet connections In case there is a problem at the e- procurement

service-providerrsquos end (in the server leased line etc) due to which all the

bidders face a problem during critical events and this is brought to the notice

of BSNL by the bidders in time then BSNL will promptly re-schedule the

affected event(s)

9 Other Instructions

For further instructions the vendor should visit the home-page of the portal

( httpeprocurementsynisecombsnl1gujarat) and go to the User-Guidance Center The help information provided through lsquoETS User-Guidance Centerrsquo is available in three categories ndash

Users intending to Register First-Time Users Logged-in users of Buyer organizations and Logged-in users of Supplier organizations Various links are provided under each of the three categories Note It is strongly recommended that all authorized users of Supplier

organizations should thoroughly peruse the information provided under the

relevant links and take appropriate action This will prevent hiccups and minimize

teething problems during the use of ETS

The following lsquoFOUR KEY INSTRUCTIONS for BIDDERSrsquo must be assiduously adhered to

1 Obtain individual Digital Signing Certificate (DSC or DC) well in advance of

your first tender submission deadline on ETS

2 Register your organization on ETS well in advance of your first tender submission deadline on ETS

3 Get your organizationrsquos concerned executives trained on ETS well in advance of your first tender submission deadline on ETS

4 Submit your bids well in advance of tender submission deadline on ETS as

there could be last minute problems due to internet timeout breakdown etc

While the first three instructions mentioned above are especially relevant to first-time users of ETS the fourth instruction is relevant at all times

10 Minimum Requirements at Bidders end

Computer System with good configuration (Min P IV 1 GB RAM Windows XP)

Broadband connectivity

Microsoft Internet Explorer 60 or above

Digital Certificate(s) for users

49 Signature of the Contractor

ANNEXURE-III

RATE SHEET

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Rate should be quoted in below Rate Sheet

Sr

No

Rates Quoted By Bidder With Respect to SOR (Schedule Of Rate)

Particulars In Figure In Words

1 Above Of SOR

2 Below Of SOR

3 AT PAR

[At Same Rates of SOR]

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

Signature of the Bidder with Seal

Note

1 All faulty instruments are to be repaired except fully broken or fully burnt due to

electric hazards

2 The work may be offered to more than one contractor if required

Signature of the Tenderer with seal

Full Name _____________________

Full Address________________________

  • TABLE OF CONTENTS
    • CERTIFICATE REGARDING NEAR RLATIVES
      • LETTEROF AUTHORISATION FOR ATTENDING BID OPENING
      • Signed sealed amp Delivered by
      • Above written
        • ANNEXURE-IX - UNDERTAKING

15 Signature of the Contractor

and data as may from time to time as directed or required

13 DELAY IN EXECUTION OF WORK

The Company will make every reasonable effort to furnish the materials required to be

furnished by it under the contract and right of user including the permit required to be

furnished by the Company under the contract and made available in due time so as not to

delay execution of the work The Company will however not be liable to the contractor for

any losses or damages costs charges or expenses that the contractor may in any way

sustain suffer due to delay in making the above available However an extension in time

schedule may be admitted on the above reason

14 SHUT DOWN ON ACCOUNT OF WEATHER CONDITIONS

The contractor shall not be entitled to any compensation whatsoever by reason of

suspension of the whole or any part of the work made necessary by the Company or

deemed advisable on account of bad weather conditions or other unavoidable conditions

15 SECURITY DEPOSIT amp EARNEST MONEY DEPOSIT

EMD (Bid Security) is Rs 9458- amp Performance Security Deposit (PBG) is 10 of

Estimated Tender Cost

151 The security deposit or a part thereof or such balance thereof if any as may remain

after deduction there from in respect of any outstanding bills of the contractor to the

Company shall be paid back to the contractor after termination of contract on expiry of

contract period The contractor shall remain liable to the Company in respect of any

shortfall or discharge of liabilities notwithstanding return of security deposit or any part

thereof The security deposit is required to protect the company against the risk of the

tendererrsquos conduct and breach of contract in which case it would be forfeited without

prejudice to any other action that the company may take against the contractor

152 No interest will be payable on the earnest money or the security deposit or amount

payable to the contractor under the contract

153 Tenderer shall furnish as part of his bid a bid security (Earnest Money Deposit) for a

specified amount The Tenderer (Small scale Units) who are registered with National

Small Scale Industries Corporation under Single Point Registration Scheme are exempted

from bid security (Earnest Money Deposit) up to the amount equal to their monetary limit

In case of Tenderer having monetary limit as no limit the exemption will be limited to Rs

5000000- (Rs Fifty lakhs) only as per the existing policy of Company A proof regarding

current registration with NSIC for the Tendered Item will have to be attached along with

the bid

154 The bid security (Earnest Money Deposit) is required to protect the company against

the risk of tenderers conduct which would warrant the EMD forfeiture pursuant to Para

159

155 The bid security (Earnest Money Deposit) shall be in the form of cash or a Demand

DraftBankerrsquo chequePay order from any NationalizedSchedule Bank payable at

MEHSANA in favour of the AO (cash) BSNL Oo GMTD MEHSANA Payment in any

other form is not acceptable Any Small Scale Industry Firm claiming exemption from the

payment of bid security (Earnest Money Deposit) should submit the copy of the current

registration with National Small Industries Corporation (NSIC) for the tendered items No

16 Signature of the Contractor

interest on bid securityEMD payable

156 A Bid not secured in accordance with Para 153 amp 155 shall be rejected by the

company

157 The bid security (Ernest Money Deposit) of the unsuccessful bidder will be discharged

returned as promptly as possible and no claim whatsoever in this respect would be

entertained

158 The successful bidderrsquos bid security (Earnest Money Deposit) will be returned after

the bidderrsquos acceptance of the tender amp performance security deposit

159 The bid security (Earnest Money Deposit) will be forfeited

a) If the Tenderer withdraws his bid during the period of bid validity specified by

the Tenderer on the Bid form Rate sheet Price Bid or

b) In the case of a successful Tenderer if the bidder fails

i) to sign the Agreement contract amp

ii) to furnish Security Deposit

1510 The performance security deposit (PSD) deposited by the successful bidder in the

form of Cash or in PBG will be released after successful completion of contract and no due

pending against him

16 INSPECTIONS AND TESTING

The GMTD MEHSANA or his representative or any of the officers shall have free

access to the work site at all time for inspection The contractor shall render to the

representative of the company all possible assistants and facilities for the purpose

17 ASSESSMENTS PERMITS LICENCES AND OTHER FACILITIES

17l The contractor shall obtain provide at his own cost all assessments permits and

licenses necessary to do its work

172 The contractor shall be responsible for obtaining at his expense such licenses

permitfacilities as are necessary for the contractor to operate and do business in the

republic of India and in the state in which the work is to be performed

173 The contractor will not be entitled to extra compensation for hardship and increase in

cost Some cases may necessitate special method of execution of work and such

contingency shall deemed to have been provided for in the rates

18 PROTECTION OF LIFE AND PROPERTY AND EXISTING FACILITIES

181 The contractor is fully responsible for taking all possible safety precautions during

preparation for and actual performance of the work

182 The contractor shall undertake to indemnify and keep indemnified the Company from

and against all actions cause of actions damages claims and demand whatsoever either in

law or in inquiry and all losses and damages and costs (inclusive between attorney and

client) charges and expenses in connection there with and or incidental thereto The

contractor shall take all responsibility and risk in the execution of the work

183 It shall be the responsibility of the contractor to see that his employees or any other

person does not misbehave with anybody in company

17 Signature of the Contractor

19 INDEMNITIES

191 The contractor shall at all time hold the Company harmless and indemnify from

against all actions suits proceeding work cost damages charge claims and demand of

every nature and description brought or procured against the Company its officer and

employee and forth with upon demand and without pretest or demur to pay to the

Company any and all losses and damages and cost (inclusive between attorney and client)

and all costs incurred in endorsing this or any other indemnities or security which the

Company may now or at any time have related to the work or the contractors obligations

or in protecting or endorsing its right in any suit or other legal proceeding charges and

liabilities resulting from or incidental or in connection with injury disease or disablement

or death of any person (s) including employee of the contractor or damage to the property

resulting from or arising out of or in any way connected with or incidental to the operator

cause by the contractor documents In addition the contractor shall reimburse the Company

or pay to the Company forthwith on demand without protest or demure all costs charges

and expenses and losses and damages otherwise incurred by it in consequence of any

demands and actions which may be brought against the Company arising out of or

incidental or in connection with the operation covered by the contractor

192 The contractor shall at his own cost at the Company request defend any suit or other

proceeding asserting a claim covered by this indemnity but shall not settle compound or

compromise such suit or other finding without first consulting the Company

20 COMPLIANCE WITH LAW AND REGULATIONS

201 During the performance of the work the contractor shall at his own cost and initiative

fully comply with all applicable law of the land and with any and all applicable by-laws

rules regulations and orders and any other provision having in forces of any Company

Company agencies or department municipal board Company or other regulatory or

authorized body of person and shall provide all certificate of compliance therewith as may

be required by such applicable law by-law rules regulation orders or provision The

contractor shall assume full responsibility for the payment of all contributions and pay roll

taxes as to its employee servants or agent engaged in the performance of the work

specified in the contract documents The contractor require any assignee or sub-contractor

to whom any portion of the work to be performed hereunder may be assigned subleased

or sub-contracted to comply with the provision of the clause and in this connection the

contractor agrees as to undertake to save and hold the Company harmless and indemnified

from and against anyall penalty actions suits losses and damages claims and demands

and cost (inclusive between attorney and client) charges and expenses whatsoever arising

out of occasioned indirectly or directly by failure of the contractor or any assignee or

sub-contractor to make full and proper compliance with the said by-laws rules regulation

law and order and provision as aforesaid

202 Subject to the provisions of the contractor labour (Abolition and regulation Act

1970) the contractor shall not commence actual work unless he produces a receipt from

the concerned licensing authority that he has applied for licensees from the prescribed

licensing authority which may be produced within the period of 15 days or commencing

the work

203 Contractor will have to carry out the work under the rules and regulation of Labour

Act

18 Signature of the Contractor

21 OPTIONAL TERMINATION BY COMPANY (OTHER THAN DUE DEFAULT OF

CONTRACTOR)

211 The Company may at any time at its option cancel and terminate this contract by

written notice to the contractor in which event the contractor shall be entitled for payment

for the work done upto the time of such cancellation

212 In the event of the termination of the contract the contractor shall forthwith hand over

possession of the EPBT amp CLIP Concerned to the company or as the company may direct

213 The Company may at its option cancel or omit the execution of one or more items

of work under this contract and any part of such item(s) without any compensation

whatsoever to the contractor

22 TAXES AND DUTIES

Contractor shall pay all rates levies fees royalties taxes and duties except service tax

payable or arising from out of by virtue of or in connection withor incidental to the

contract or any of the parties in terms of the contract documents andor in respect of the

works or operation(s) or any part thereof to be performed by the contractor and the

contractor shall indemnify and keep indemnified the company from and against the same

or any default by the contractor in the payment thereof other taxes imposed by the

Government will be borne by the contractors Service tax will be paid by BSNL provided

that service tax particulars supplied amp claimed in bills

23 BREACH OF CONTRACT

The Designated officialnominated representative may without prejudice to his right

against the contractor in respect of any delay or inferior workmanship or otherwise or to

any claims of damage in respect of any breaches of the contract and without prejudice to

any rights or remedies under any of the provisions of this contract or otherwise and

whether the date for completion has or has not elapsed by notice in writing absolutely

determine the contract in any of the following cases -

(i) If the contractor having been given by the designated official nominated

representative a notice in writing to rectify reconstruct or replace any defective work or

that the work is being performed in any inefficient or otherwise improper or un work

manlike manner shall omit to comply with the requirements of such notice for a period of

fifteen days thereafter or if the contractor shall delay or suspend the execution of the work

so that either in the judgment of the Designated official (which shall be final and binding)

he will be unable to secure completion of the work by the date for completion or he has

already failed to complete the work by that date

(ii) If the contractor being a company shall pass a resolution or the court shall make an

order that the company shall be wound up or if a receiver or a manager on behalf of a

creditor shall be appointed or if circumstances shall arise which entitle the court or creditor

to appoint a receiver or a manager or which entitle the court to make a winding up order

(iii) If the contractor commits breach of any of the terms and conditions of this contract

(iv) If the contractor commits any acts mentioned in clause thereof

24 When the contractor has made himself liable for action under any of the aforesaid

19 Signature of the Contractor

clauses the Designated official on behalf of the company shall have powers -

(a) To determine or rescind or terminate the contract as aforesaid (of which termination

or rescission notice in writing to the contractor under the hand of the Designated

officialnominated representative shall be conclusive evidence) Upon such determination

or rescission the Security deposit of the contractor shall be liable to be forfeited and shall

be absolutely at the disposal of Company Notice for period of 15days will be received

from the date of issue of notice

(b) To employ other agency paid by the company and to supply materials to carry out the

works or part of the work debiting the contractor with the cost of the work and the price of

the materials (of the amount of which cost and price certified by the Designated official

shall be final and conclusive against the contractor) and crediting him with the value of the

work done in all respects in the same manner and the rates as if it had been carried out by

the contractor under the terms of the contract The certificate of the GMTD-MEHSANA as

to the value of the work done shall be final and conclusive against the contractor provided

always that action under the sub-clause shall only be taken after giving notice in writing to

the contractor Provided also that if the expenses incurred by the company are less than the

amount payable to the contractor at his agreement rates the difference should not be paid

to the contractor

(c) After giving notice to the contractor to measure up the work of the contractor and to

take such part thereof as shall be unexecuted out of his hands and to give it to another

contractor to complete in which case any expenses which may be incurred in excess of the

sum which would have been paid to the original contractor if the whole work has been

executed by him (of the amount of which excess the certificate in writing of the Designated

official shall be final and conclusive) shall be borne and paid by the original contractor and

may be deducted from any money due to him by company under this con tract or on any

other account whatsoever or from his security deposit or the proceeds of sales thereof or a

sufficient part thereof as the case may be

25 In the event of any one or more of the above courses being adopted by Designated

official the contractor shall have no claim to compensation for any loss sustained by him

by reason of his having purely leased or procured any materials or equipment or entered

into any agreement or made any advances account or with a view to the execution or the

work or the performance of the contract and in case action is taken under any of the

provisions aforesaid the contractor shall not be entitled to recover or be paid any sum for

any work thereto or actually performed under this contract unless and until Designated

official has certified in writing the performance of such work and the value payable in

respect thereof and he shall only be entitled to be paid the value so certified

26 In any case in which any of the powers conferred upon the Designated official by

clause 24 thereof shall have become exercisable and the same shall not be exercised the

non exercise thereof shall not constitute a waiver of any of the conditions hereof and such

powers shall notwithstanding be exercisable in the event of any future case of default by

the contractor and the liability of the contractor for compensation shall remain unaffected

In the event of the Designated official putting in force all or any of the powers vested in

him under the proceeding clause he may if he so desires after giving a notice in writing to

the contractor take possession of (or at the sole discretion of the Designated official which

shall be final) use as on hire (the amount of the hire money being also in the final

determination of the Designated official) all or any tools materials and stores in or upon

the works or the materials belonging to the contractor or procured by the contractor and

20 Signature of the Contractor

intended to be used for the execution of the contract or any part thereof paying or

allowing for the same amount at the contract rates or in the case of these not being

applicable at current market rates to be certified by the Designated official whose

certificate thereof shall be final otherwise the Designated official by notice in writing may

order the contractor or his clerk of the works foremen or other authorized agent to remove

such tools plants materials stores from the premises (within and time to be specified to

comply with any such requisition the Designated official may remove them all at

contractors expense or sell them by auction or private sale on account of the contractor and

it his risk in all respects and the certificate of the Designated official as to the expense of

any such removal and the amount of the proceeds and expenses of any such sale shall be

final and conclusive against the contractor

27 If the contractor shall desire an extension of time for completion of the work on the

grounds of his having been unavoidably hindered in its execution or on any other ground

he shall apply in writing to the Designated official within seven days of the date of

hindrance on account of which he desired such extension as aforesaid and the Designated

official shall if in his opinion (which shall be final) reasonable grounds be shown

therefore authorize such extension of time if any as may in his opinion be necessary or

proper

28 If at any time after the commencement of the work the company for any reason

whatsoever not require the whole thereof as specified in the tender to be carried out the

Designated official shall give notice in writing of the fact to the contractor who shall have

no claim to any payment of compensation whatsoever on account of any profit or

advantage which he might have derived from the execution of the work in full but which

he did not derive in consequence of the full amount of the work not having been carried

out neither shall he have any claim for compensation by reason of any alterations having

been made in the original specifications drawings designs and instructions which shall

involve any curtailment of the work as originally contemplated

29 INSPECTION

All work under or in course of execution or executed in pursuance of the contract shall at

all times be open to the inspection and supervision of the Designated official and his

authorized subordinates and the contractor shall at all times during the usual working hours

and at all other times at which reasonable notice of the intention of the Designated official

or his subordinate visit the works shall have been given to the contractor either himself be

present to receive order and instructions or have a responsible agent duly a credited in

writing present for that purpose Orders given to the contractors agent shall be considered

to have the same force as if they had been given to the contractor himself

30 WORKMENS COMPENSATION

In every case in which by virtue of the provisions of section 12 sub-section

(i) of the workmenrsquos compensation Act 1923 Company is obliged to pay compensation to

a workman employed by the contractor in execution of the works Company will recover

from the contractor the amount of the compensation so paid and without prejudice to the

rights of the Company under section 12 Sub section

(ii) of the said Act Company shall be at liberty to recover such amount or any part thereof

by deducting it from the security deposit or from any sum due by the company to the

contractor whether under this contract or otherwise Company shall not be bound to contest

21 Signature of the Contractor

any claim made against it under section-12 subsection (i) of the said Act except on the

written request of the contractor and upon his giving to company full security for all costs

for which Company might become liable in consequence of contesting such claim

31 LABOUR WELFARE

311 In every case in which by virtue of the provisions of the contract Labour (Regulation

and Abolition) Act 1970 and of the contract labour (Regulation and abolition) Central

Rules 1971 Company is liable to pay any amounts of wages to a workman employed by

the contractor in execution of the works or to incur any expenditure in providing welfare

and health amenities required to be provided under the above said Act and the Rules under

clause 19 to 19 J and 20 of PWD-8 or under the CPWD Contractors Labour

Regulations or under the Rules framed by Government from time to time for the

protection of health and sanitary arrangements for workers employed by CPWD

contractors company will recover from the contractor the amount of wages so paid or the

amount of expenditure so incurred and without prejudice to the right of the Government

under section 20 sub-section (ii) and section 21 sub-section (4) of the contractor Labour

(Regulation and Abolition) Act 1970 company shall be at liberty to recover such amount or

any part thereof by deducting it from the security deposit or from any sum due by the

company to the contractor whether under this agreement or otherwise company shall not

be bound to contest any claim made against it under section 20 except on the written

request of the contractor and upon his giving to the company full security for all costs for

which Government might become liable in contesting such claim

312 The contractor shall obtain a valid licence (If required depending upon the number of

persons engaged and the nature of the work intended) under the contract Labour (RampA)

Act 1970 and the contract labour (R amp A) Central Rules 1971 before the commencement

of the work and continue to have a valid license until the completion of the work

313 Any failure to fulfill this requirement shall attract the penal provisions of this

contract arising out of the resultant non-execution of the work

314 No person below the age of (18) eighteen years shall be employed on the work

32 FAIR WAGES

(a) The contractor shall pay to persons employed by him either directly or through sub-

contractor wages not less than fair wages as defined in the CPWD Contractors Labour

(Regulations and Abolition) Act 1970 and the contract labour (Regulation and Abolition)

Central Rules 1971 wherever applicable

(b) The contractor shall notwithstanding the previsions of any contract to the contrary

cause to be paid fair wages to persons indirectly engaged on the work including any

labour engaged by his sub contractor in connection with the said work as if the labour had

been immediately employed by him

(c) The General Manager Telecom District MEHSANA or his subordinate officer

concerned shall have the right to deduct from the money due to the contractor any sum

required or estimated to be required for making good the loss suffered by a worker or

workers by reasons of non-fulfillment of the conditions of the contract for the benefit of

the workers non payment of wages or of deduction made from his or their wages are not

justified by their terms of the contract or non-observance of the Regulations

22 Signature of the Contractor

(d) The contractor shall comply with the provisions of the payment of wages Act 1936

Minimum wages Act 1948 Employees Liability Act 1938 Workmenrsquos compensation Act

1923 Industrial Disputes Act 1947 Maternity Benefits Act 1961 and the contractorrsquos

Labour (regulation and abolition) Act 1970 or the modifications there of or any other laws

relating thereto and the rules made there under from time to time

(e) The contractor shall indemnify Government against payments to be made under and

for the observance of the laws aforesaid without prejudice to his right to claim indemnity

from his sub-contractors

(f) The regulations aforesaid shall be deemed to be a part of this contract and any breach

thereof shall be deemed to be a breach of this contract

33 OTHER LABOUR WELFARE MEASURES

The contractor shall comply with all the provision of the Minimum wages Act 1948

Contractor Labour (R amp A) Act 1970 and rules framed and other labour laws affecting

contract labour that may be brought into force from time to time

34 The contract shall not assign or sublet without the written approval of the GMTD

MEHSANA or his nominated representative and if the contractor shall assign or sublet his

contract or attempt so to do or become insolvent or commence any insolvency proceeding

or make any composition with his creditors or attempt so to do or if any bribe gratuity

gift loan perquisite reward or advantage pecuniary or otherwise shall either directly or

indirectly be given promised or offered by the contractor or any of his servants or agent to

any public officer or person in the employ of Government in any way relating of his office

or employment or if any such officer or person shall become in any way directly or

indirectly interested in the contract the Designated official on behalf of the President of

India shall have power to adopt any of the coursed specified in clause 24 as he may deem

best suited in the interest of Government and in the event of any of these course being

adopted the consequences specified in the said clause 24

35 All sums payable by way of compensation under any of these conditions shall be

considered as reasonable compensation to be applied to the use of Government without

reference to the actual loss or damage sustained and whether or not any damage shall have

been sustained

36 PARTNERSHIP FIRMS

Where the contractor is a partnership firm the previous approval in writing of the

Designated officialnominated representative shall be obtained before any change is made

in the constitution of the firm Where the contractor is an individual or a Hindu undivided

family business concern such approval as aforesaid shall like wise be obtained before the

contractor enters into any partnership agreement where under the partnership firm would

have the right to carry out the work hereby undertaken by the contractor If previous

approval as aforesaid is not obtained the contract shall be deemed to have been assigned in

contravention of Clause hereof and the same action may be taken and the same

consequence shall ensure as provided in the said clause

37 All works to be executed under the contact shall be executed under the direction and

subject to the approval in all respected of the Designated official who shall be entitled to

direct at what point or points and in what manner they are to be commenced and from time

to time carried on

23 Signature of the Contractor

38 Whenever any claim against the contractor for the payment of a sum or money arises

out of or under the contract Government shall be entitled to recover such sum by

appropriating in part or whole the security deposit of the contractor and to sell any

Government Promissory Notes etc forming the whole or part of such security In the event

of the security being insufficient or if no security has been taken from the contractor then

the balance or the total sum recoverable as the case may be shall be deducted from any

sum then due or which at any time thereafter may become due to the contractor under this

or any other contract with Government Should this sum be not sufficient to cover the full

amount recoverable the contract shall pay to Government on demand the balance

remaining dues

39 AUDITS AND TECHNICAL EXAMINATION

391 Company shall have the right to cause an audit and technical examination of the

works and the final bills of the contractor including all supporting vouchers abstract etc to

be made after payment of the final bill and if as a result of such audit and technical

examination any sum is found to have been overpaid in respect of any work done by the

contractor under the contract or any work claimed by him to have been done by him under

the contract and found to have amount of over payment and it shall be liable to refund the

amount of over payment and it shall be lawful for Company to recover the same from him

in the manner prescribed or in any other manner legally permissible and if it is found that

the contractor was paid less than what was due to him under the contract in respect of any

work executed by him under it the amount of such under payment shall be duly paid by

Company to the contractor

392 Any sum of money due and payable to the contractor (including Security Deposit

returnable to him) under this contract may be appropriated by the Company and set off

against any claim of the Company for the payment of a sum or money arising out of or

under any other contract made by the contractor with the Company

40 Contractor shall not enter into agreement with any other unit on approved tender of

GMTD MEHSANA without prior approval of the General Manager Telecom District

MEHSANA

41 Without prejudice to any of the rights or remedies under this contract if the contractor

dies the GMTD MEHSANA on behalf of the company shall have the option of

terminating the contract without compensation to the contractor

42 No Engineer of gazetted rank or other gazetted officer employed in Engineering or

administrative duties in an Engineering Department of the Government of India is allowed

to work as contractor for a period of two years of his retirement from Government service

without the prior permission of Government of India This contract is liable to be canceled

if either person who had not obtained the permission of Government of India as aforesaid

before submission of the tender or engagement in the contractors service as the case may

be

43 COMPENSATION FOR DELAY The time allowed for carrying out the work as

mentioned shall be strictly observed by the contractor and shall be deemed to be of the

essence of the contract on the part of the contractor However for special jobs if the

contractor has submitted a time schedule and the same has been accepted by the designated

officialnominated representative of the company the contractor shall comply with the

said time schedule

24 Signature of the Contractor

44 TIME LIMIT amp LIQUIDATED DAMAGE CHARGES

441 It will be at the discretion of the GMTD MEHSANA to revise or modify or extend

the time limits specified for the total work awarded to the contractor or to further specify

the quantum of work to be completed within a specified period provided a written request

has been received from the contractor explaining the reasons for which such extension of

time is asked for and the GMTD MEHSANA in the particular case is convinced and

satisfied that such extension or revision or modification is in the interest of the

Government In such cases payment of liquidated damage as compensation for delay

becomes liable based on such revised or modified or extended time limits and the

conditions under which such extension or modification or revision has been made

Liquidated damage will be charged as per Special Condition clause No2 amp 3 read as

under

1 Delay in collection - Rs5- per instrument per week or part there of for entire lot of

unserviceable instruments collected delayed subject to a maximum Rs20- per instrument

in case timely collection is not done as per 2(b) of special conditions

2 Delay in delivery- Rs2- per week or part there of on the entire lot of instruments

delivered delayed in case of delivery not made timely as per Para 3 of Special conditions

442 The contractor shall have to complete the contractual work within stipulated period

and it is very clearly understood between the parties that the time is made the essence of

contract

45 The Company assumes no responsibility whatever for any oral understandings or

representations made by any its officers or agents or servants prior to the execution of the

contract and all previous negotiations and understandings are hereby canceled

46 STORERSMATERIAL SUPPLIED BY THE GOVERNMENT

All materials supplied to the contractor by the company shall remain the absolute

property of Company and shall not be removed from site of the work except for use in the

work and shall be at all times open to inspection by Designated official

47 In the event of the contractor being adjudged insolvent or going voluntarily into

liquidation or having received order or other order under insolvency Act made against him

or in the case of a company of the passing of any resolution or making of any order for

winding up weather voluntarily or otherwise or in the event of the contractor failing to

comply with any of the conditions herein specified the GMTDMEHSANA shall have

the power to terminate the contract without previous notice

48 ACCEPTANCES AND MEASUREMENT

481 It is important that the work carried out by contractor is approved by the designated

official nominated representative of the company

482 The designated official nominated representative of the Govt and the contractor or

his authorized representative will certify under their signature at the appropriate places that

the work carried out is as per the specification

49 PRICE VARIATION

25 Signature of the Contractor

The Company shall not be responsible for any escalation in prices of labour or materials

machinery equipment etc whatsoever or any increase in any duties levies or taxes in

respect thereof whatsoever and the contractor rates and contractors obligations shall

remain unaffected by such escalation and or increases

50 FORCE MAJEURE

In the event of either party being rendered unable by force majeure to perform this

contract than the obligations of the party effected by such force majeure shall be

suspended for the whole period during which such cause lasts and until normal operation

are resumed and when such cause ends the execution of this contract must be resumed

with all responsible dispatch should the execution of this contract be suspended by force

majeure than a corresponding extension of the completion date shall be automatically

granted The occurrence of a cause of force majeure however shall not relieve the

company and its obligation to make payment to the contractor for the work satisfactorily

executed prior thereto The terms force majeure as employed herein shall mean act of God

war declared or undeclared hostilities enemy actions revolts riots legal lock outs and

eligible strikes tidal waves forest fires major floods explosions earth quakes epidemics

sabotage extra ordinary act and Regulation of central or state Government or Municipality

Bodies Upon the occurrence of such causes and its termination the parties rendered unable

as aforesaid shall notified the other party in writing within 72 hours of the beginning and

ending dates giving full particulars and evidences if required

51 PAYMENTS

The contractor shall prepare the bills claiming shown as labour cost and material cost

separately The contractor shall submit the bills within 30 days after completion of the

work duly certified by the designated officialnominated representative of company

GMTD MEHSANA has full right to disallow the payment of the bills received after 30

days of completion of work

52 The GMTD MEHSANA may however at his discretion allow the contractor to

submit fortnightly bills or at the end of each work

53Income tax at the rate in force at that time would be deducted from his payments of bills

as Tax deducted at source However if any new legislation comes into effect for

deduction of tax at source at any other rate deduction will be made at that rate

The GMTD MEHSANA will issue necessary Income tax deduction certificate or the

Accounts Officer detailing the amount so deducted As Tax Deducted at Source at the time

of payment or each bill

54 The Tenderer should submit all requisite documents including EPF related documents

as per clause in tender terms amp conditions and special conditions along with the bill if

applicable

55 PAYMENT PROCEDURE

551 The bills are to be submitted in TRIPLICATE and in the manner and form that may

be prescribed by the GMTD MEHSANA from time to time ldquoAccounts Payeerdquo cheque

for amount passed in the bill will be issued only after the contractor gives a stamped

receipt for the amount unless the bills are pre-receipt Only Accounts Payee Cheques

drawn on the branch of the state bank of India or other bank in which the GMTD or the

26 Signature of the Contractor

Accounts Officer may be having drawing assignment account will make payments The

payments will be made either by the Accounts Officer or by any other official who at any

period of time may be convenient to the company

552 Any liquidated damages due shall also be recoverable from the bills submitted for the

payment by the aforesaid officer

553 The security deposit with the GMTD Shall be considered for adjustment against

liquidated damages only at the time of final conclusion of the contract and final settlement

of account

554 The GMTD MEHSANA will have e the right to recover liquidated damages for

delay or slow progress of the works from the bills submitted for payment

555 The final settlement of the bills and refund adjustmentappropriation of any amount

detained from the running bill of the contractor shall be made fully after the GMTD is

satisfied that all the contractual obligation have been fully met and no amount remain due

for recovery from the contractor on any count Unless there are specific reasons all

accounts are expected to be settled within a period of six months from the date of

completion of the works in all respects

56 FINAL ACCEPTANCE

If any of the work is found to be unsatisfactory by the designated officialnominated

representative of the govt the contractor shall be intimated in writing of the corrections

repairing to be carried out The contractor shall be required to correct all defects that

remain evident at any time prior to final acceptance of the contractors works by the

GMTD MEHSANA The cost of all such repairs and corrections shall be borne by the

contractor Failure or neglect on the part of the GMTD MEHSANA or his representative

to confirm or reject inferior work notwithstanding final acceptance of the work or any part

thereof by the company THE GMTD MEHSANA Designated official or his

representative shall not be construed to imply the acceptance of such work The provision

of this clause shall not in any way affect or limit the contractors liability under the

undertaking and guarantee contained in the contract documents

57 DISPUTES AND ARBITRATION

All dispute arising between the contractor and GMTD MEHSANA out of this contract

shall be referred to the sole arbitration in the following manners -

a) In case parties are unable to reach a settlement by themselves the dispute should be

submitted for arbitration in accordance with contract agreement

b) There should not be a joint submission with the contractor to the sole arbitrator

c) Each party should submit its own claimed severely and may oppose the claim put

forward by the other party

d) The onus of establishing his claims will be left to the contractor

e) His claim will be firmly resisted by utilizing all the evidence available with the

company

27 Signature of the Contractor

f) Once a claim has been included in the submission by the contractor a retraction or

modification thereof will be opposed

g) The Point of Defense will be based on actual condition of the contract

h) The question whether these conditions are equitable shall not receive any consideration

in the preparation of Points of Defense

i) The arbitrator shall not entertain claims in the nature of ex-gratia payments as these

are not contractual

j) If the contractor including such claims in his submission the fact that they are not

contractual will be prominently placed before the arbitrator

k) In case the amount involved is heavy the sole arbitrator may be within his rights to

conduct the defense by the government pleader

The award of the sole arbitrator shall be final and binding on the parties to the dispute It

is further agreed that reference to the sole arbitration of officer appointed as arbitrator is

conditions precedent and none will be entitled to move the court without referring the

matter to sole arbitrator

58 Contractor should produce latest Income Tax CertificateSales Tax registration

certificate

59GMTD Mehsana reserves the rights to terminate RRC for breach of

conditionconditions of the agreement after giving a show cause notice of 14 days and after

examining reply if any filed by him pursuance to show cause notice

60 GMTD Mehsana reserves the rights to engaged one or more contractors for this work

61 Rates to be quoted in ANNEXURE ndash III Financial Bid in separate sealed cover and

declaration to be given in ANNEXURE-II-A amp ANNEXURE ndash II B duly signed by all

partnersdirectors of the companyfirm

28 Signature of the Contractor

SECTION ndash V

SPCECIAL CONDITIONS

Work Orders shall be issued by concerned SDE approved by DE

1 Scope of the work Repairing of faulty electronic CLIP push button telephone

instruments buttons key including plan instrument It shall cover all instruments

including those having PCB Display of CLI and burnt out due to their connections

to powers inadvertently but excluding PBT with bakelite portion broken

discolored

2 Collection of faulty instruments

A For lifting of faulty instruments the minimum lot size will be of 20 units

the SDEexchange in charge will intimate the quantity of faulty instruments

accumulated with him over telephone or by FAX to the contractor

B The contractor shall ensure the collection of the faulty instruments within

three working days of the date at giving work order or intimation over telephone or

by FAX on working days between 10 AM to 17 PM at his cost

C The contractor shall acknowledge the receipt of the faulty instruments made

over to him

3 Duration of repair

A The contractor shall repair the faulty instruments at his own work-shop and

return the same to SDEexchange in-charge concerned at his own cost within one

week of its collection (for calculating one week the day of collection and day of

handing over will be inclusive)

B After carrying out repairs of the faulty instruments the contractor shall

offer the instruments to SDEExchange in-charge or JTO nominated by him for

inspection and testing one day before the expiry of schedule delivery date The

decision of the inspecting officer as to accept the repaired instruments will be final

and binding on contractor

C The contractor shall pack each repaired instrument suitably in a

polythene bag after polishingbuffing while returning them to SDE

D The contractor shall paste stiker with date of repairing on back side of

each repaired instrument while returning them to SDE

E The repaired instruments shall be returned back to the same SDEExchange

in-charge unless specified otherwise from where these instruments were collected

for repairs

4 Warranty repair

The contractor will undertake quality repair which will ensure the normal

troubledefect free performance of the instruments for a period of 12 months from

the date of inspection and clearance In case the repaired instruments develops

any defect or any deficiency or fault ie it becomes faulty during the warranty

29 Signature of the Contractor

period the contractor shall rectify repair and remedy such defects deficiency in the

repaired instruments at his own cost and expenses

5 A Method of evaluation

Tenders will be evaluated with reference to the total cost worked out by

multiplying rates quoted by Tenderer with approximate number of EPBT amp

CLIP Instruments as shown in the price bid

B Reports

1 The contractor shall furnish a summary of fault found and namedetails of

the components replaced in the instruments repaired while offering them for

inspection

2 The contractor shall also furnish a quarterly analysis of faulty and repaired

batch wise as per Annexure-I

6 Quality of components

The contractor shall use good quality components for repairs of the instruments

The replaced parts should be purchased by the contractor from DOT approved

source s

7 Liquidated damage

1 Delay in collection Rs 5- per instruments per week or part thereof for

entire lot of unserviceable instruments collected delayed subject to a

maximum of Rs 20- per instruments In case timely collection is not don as

per Para 2(B) above

2 Delay in delivery Rs2 per instrument per week or part thereof on the

entire lot of instruments delivered delayed in case delivery not made timely

as per Para 3 above

8 Quantum of EMD and PSD

EMD as per NIT - to be paid either in cash or in form of DDBankerrsquos

ChequePay Order from NationalizedScheduled Bank in favour of Accounts

Officer (Cash) BSNL Oo GMTD ndash Mehsana payable at Mehsana

Performance Security Deposit 10 of estimated cost of tender payable either in cash or DD or in form of Bank guarantee

from Nationalized BankScheduled Bank for a period of 24 months which will be released or refunded after successful

completion of contract and no due pending against contractor 9 Extension of validity of RRC period Period of RRC will normally

be one year However GMTD Mehsana reserves the right to extend it for a further period of six months or one year or part

there of under the same rates and terms and conditions

Estimated cost for the second year or part there of shall be considered same as approved for first year or part

there of on pro-rata basis

30 Signature of the Contractor

10 Eligibility The bidder should have

Experience of repairing of CLIP or EPBT Instruments in DOTBSNLGovt

PSU Private SectorFirm for one year during last five years as per NIT

11 Documents to be submitted with Technical Bid (Qualifying Bid) to establish

their eligibility for bidding

111 Experience certificate (self attested copy) issued by not below the rank of DEAGM in

DOTBSNLGovtPSUPrivate SectorFirm as required under clause 10 above

112 Self attested Copy of registration of firm (not required for proprietorship)

113 For EPF particulars submit the EPF registration certificate if applicable

(If not applicable submit the clarification as to how not applicable and submit

undertaking on Non judicial stamp paper of Rs 50- regarding submission of it within

one month after the agreement with BSNL Mehsana) If the firms which are under

partnership deed Company Pvt Ltd shall have to submit EPF registration certificate

If not obtain they shall have to obtain the earliest and latest by the time of agreement

They shall have to submit necessary undertaking certificate for this in ANNEXURE-

VI

114 Self attested Copy of Registration particulars with Central Excise for Service Tax If

undertaking is given he shall have to submit within one month before agreement failing

which there will be no agreement (If Service tax is not applicable he shall have to

submit reasons as to how it is not applicable)

115 Partnership deed amp power of attorney who has signed the bid (self attested copy) if

applicable

116 Bio-data of Tenderer in ANNAXURE--IV

117 Declaration to be given in ANNEXURE-II A amp II B

12 Rates to be quoted in ANNEXURE-III In Financial Bid to be submitted separately

in sealed cover

13 GMTD Mehsana reserves the rights to terminate RRC for breach of condition

conditions of the agreement after giving a show cause notice of 14 days and after

examination reply if any filled by him pursuance to show cause notice

14 EPF contribution in respect of LabourEmployees employed by the contractor for

execution of works of BSNL if applicable The contractor will have to

fulfillcompliance of the provisions of EPF amp Misc provisions Act1952 amp Employees

provident fund scheme-1952 by the contractor in respect of LaboursEmployees

engaged by them for performing the work of BSNL while submitting the claim of bills

towards works executed by him if applicable he must accompany the

i List showing the details of LaboursEmployees engaged

ii Duration of their engagement

iii The amount of wages paid to such LaboursEmployees for the duration in question

iv Amount of EPF contribution (both employees amp employers contribution) for the

duration of engagement in question paid to the EPF authorities

31 Signature of the Contractor

v Copies of authenticated documents of payments of such contributions to

EPF authorities and a declaration for compliance of EPF Act 1952

15 The BSNL reserves the right to disqualify such bidders who have a record of not

meeting contractual obligation against earlier contracts entered into with the

BSNL MEHSANA

16 Multiple Vendor System -The BSNL Mehsana intends to limit the number

of technically amp commercially responsive bidders to (Maximum three) from

the list of such bidders arranged in increasing order of their evaluated rate

starting from the lowest for the purpose of award of work against this

tender The distribution of quantum of work among the bidders is as per

clause of Section ndash of tender document

ldquoHowever SSA Head Mehsana reserve the right for the award of contract amp

work of entire tendered quantity to the bidder with the lowest evaluated

ratesrdquo

17 NOTE-

Tender documents containing detailed description of work terms amp conditions can be

had from Asstt General Manager (MM) Oo GMTD Mehsana 2nd Floor Admn

Building Sanchar Bhawan Pilaji Ganj Mehsana-384001 between 10=00 hours to

17=00 hours from 26102016 to 17112016 on all working days

Asstt General Manager (MM) Oo GMTD Mehsana ndash 384001

32 Signature of the Contractor

SECTION ndashVI

1 Specification and Tentative Quantum of work for repairing of EPBT amp

CLIP (approximate)

Sr

No

Name of SDE Unit

[Concern Supervising

Authority]

Quantum of Works for Tender for repairing

of EPBT amp CLIP Instruments [In No]

CLIP Inst EPBT

Inst

Buttons

Key

Plan Inst

1 SDE P MEHSANA 750 900 3 5

2 SDE G MEHSANA 225 250 5 0

3 SDE G CHANASAMA 100 0 5 0

4 SDE G CHHATRAL 350 200 0 0

5 SDEP KADI 50 0 0 0

6 SDEG KADI 50 0 0 0

7 SDEP KALOL 750 450 7 0

8 SDEG KALOL 150 50 0 0

9 SDEP VIJAPUR 60 85 2 0

10 SDEG VIJAPUR 75 95 2 0

11 SDEG MNSGZR 50 80 3 0

12 SDEG KUKARWADA 50 75 2 0

13 SDEP VISNAGAR 350 200 5 0

14 SDEG VISNAGAR 150 75 4 0

15 SDEG VADNAGAR 100 25 4 0

16 SDEG SATLASANA 75 40 3 0

17 SDEG KHERALU 100 50 3 0

18 SDEP UNJHA 500 400 3 0

19 SDEG UNJHA 100 113 2 0

20 SDEP SIDHPUR 450 300 3 0

21 SDEG SIDHPUR 200 200 5 0

22 SDEP PATAN 350 150 5 0

23 SDEG PATAN 100 50 5 0

24 SDEG HRJSAMI 100 50 4 0

Total 5235 3838 75 5

33 Signature of the Contractor

SECTION ndashVII

STANDARD SCHEDULE OF RATE (SOR) FOR REPARING OF EPBT

AND CLIP INSTRUMENT IN MEHSANA TELECOM DISTRICT (MEHSANA SSA)

To

GMTD Mehsana

Sub - Our Financial Bid for repairing of EPBT amp CLIP Instruments in Mehsana SSA

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Sir

Having examined the tender documents terms amp conditions specification of work

stipulated there in IWe the undersigned offer our rates in percentage as under

Brief description of items for

Repairing under ARC

Approx Quantity to be

repaired under ARC

SOR Per Instrument

(a) (b) (c)

(1) Repairing of CLIP Telephones

instruments

5235 No Rs 55-

(2) Repairing of Electronics Push

Button Telephones (EPBT)

3838 No Rs 23-

(3) Repairing of Buttons Key

75 No Rs 26-

(3) Repairing of Plan Instruments

5 No Rs 39-

Note- The Quantity of Clip instrument ( 5500) may be consider which AMC will be expired as per given below -

(1) AMC of 1400 PTPL instrument may be expired on 23092016

(2) AMC of 3100 PTPL instrument may be expired on 21012017

(3) AMC of 1000 PTPL instrument may be expired on 25032017

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

34 Signature of the Contractor

ANNEXURE-I

Fault analysis report of instruments of quarter ending

No of faulty

instruments

with

contractor at

the

beginning of

the period

No of faulty instruments

received by contractor

during the quarter

No of faulty instruments

repaired and returned to

Depot officer

CF No of

faulty

instruments

with

contractor

In warranty Out of

warranty

In warranty Out of

warranty

1

2

Nature of Fault

Type No Of instruments

No

dial

tone

Dial

faulty

No

ring

Poor

speechdisturbance

Dead Display

Fault

No fault

foundMisc

In

warrant

Out of

warranty

Repairing carried out

Type Faults in

TransmitterReceiver Ringer Contract

foil

PCB

Fault

Disply No fault

foundMisc

In

warrant

Out of

warranty

35 Signature of the Contractor

ANNEXURE ndashII

DECLARATION

(TO BE SUBMITTED WITH TECHNICAL BID)

IWe hereby declare that IWe have carefully gone through the Terms amp Conditions of

Tender Notice Invited vide No MMTenderMehsana2016-1706 Dated 26102016 in

detail and agree to the rate submitted by MeUs in the rate sheet and IWe agree in full to

abide by them

1) Signature of the Party ___________________________________

Full Name ___________________________________

(In block letter) ___________________________________

2) Full address ___________________________________

___________________________________

___________________________________

___________________________________

Tele No (O)________________________________

(R)________________________________

3) Capacity in which the __________________________________

Tender is signed

Rubber stamp is required) __________________________________

__________________________________

Date Signature of the Tenderer with seal

36 Signature of the Contractor

ANNEXURE ndash IV

DECLARATION REGARDING EPF TO BE GIVEN ON NON-JUDICIAL STAMPS

PAPER OF RS 100-

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

I helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipProprietor of

Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip do here by declare

that I am the proprietor of my above firm I am carrying out the repairing of

EPBT amp CLIP my self I do not engage labour So EPF is not applicable to

me

However the decision of the competent authority shall be binding to me in

this regard

Name of the Bidder

Signature of the Bidder with Seal

37 Signature of the Contractor

ANNEXURE ndash V

Undertaking to be given for compliance of EPF Registration certificate

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

We the partners Directors of the firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Do here by undertake that if our tender is accepted we will submit the EPF Registration

certification at the earliest latest by one month after the agreement carried out with the

BSNL Mehsana for execution of works for repairing of EPBT amp CLIP Instruments in

Mehsana SSA failing which the decision of the competent authority will be binding on us

To be signed by all Partners directors

38 Signature of the Contractor

ANNEXURE ndash VI

LETTEROF AUTHORISATION FOR ATTENDING BID OPENING

Tender Number MMTenderMehsana2016-1706 Dated 26102016

Subject Authorisation for attending bid opening on___________________(date) the

tender of following persons are hereby authorised to attend the bid opening

for the tender mentioned above on behalf of ______________________

(Bidder) in order of preference given below

Order of Preference Name

Specimen Signatures

I

II

Alternate

Representative

Signatures of

bidder

Or

Officer authorised to sign the bid

Documents on behalf of the bidder

No 1 Maximum of two representatives will be permitted to attend bid opening In

case where it is restricted to one first preference will be allowed Alternate

representative will be permitted when regular representatives are not to able

attending

2 Permission for entry to the hall where bids are opened may be refused in case

authorisation as prescribed above is not recovered

39 Signature of the Contractor

ANNEXURE ndash VII

INTEGRITY PACT

Between

Bharat Sanchar Nigam Limited (BSNL) GMTD-Mehsana hereinafter referred to as ldquoThe

Principalrdquo

And

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphereinafter referred to as ldquoThe BidderContractorrdquo

Preamble

The Principal intends to award under laid down organizational procedures contracts for --

----------------------------------------- The Principal values full compliance with all relevant

laws and regulations and the principles of economic use of resources and of fairness and

transparency in its relations with its Bidders and Contractors

In order to achieve these goals the Principal will appoint an Independent External Monitor

who will monitor the tender process and the execution of the contract for compliance with

the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to

observe the following principles -

(a) No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for

or accept for himherself or third person any material or immaterial benefit which heshe

is not legally entitled to

(b) The Principal will during the tender process treat all Bidder(s) with equity and reason

The Principal will in particular before and during the tender process provide to all

Bidder(s) the same information and will not provide to any Bidder(s)

confidentialadditional information through which the Bidder(s) could obtain an advantage

in relation to the tender process or the contract execution

(c) The Principal will exclude from the process all known prejudiced persons

(2) If the Principal obtains information on the conduct of any of its employees which is a

criminal offence under the relevant Anti-Corruption Laws of India or if there be a

substantive suspicion in this regard the Principal will inform its Vigilance Office and in

addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder(s)Contractor(s)

(1) The Bidder(s)Contractor(s) commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation

in the tender process and during the contract execution

(a) The Bidder(s)Contractor(s) will not directly or through any other person or firm offer

promise or give to any of the Principalrsquos employees involved in the tender process or the

40 Signature of the Contractor

execution of the contract or to any third person any material or immaterial benefit which

heshe is not legally entitled to in order to obtain in exchange any advantage of any kind

whatsoever during the tender process or during the execution of the contract

(b) The Bidder(s)Contractor(s) will not enter with other Bidder(s) 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

(c) The Bidder(s)Contractor(s) will not commit any offence under the relevant Anti-

corruption Laws of India further the Bidder(s)Contractor(s) will not use improperly for

purposes of competition or personal gain or pass on to others any information or

document provided by the Principal as part of the business relationship regarding plans

technical proposals and business details including information contained or transmitted

electronically

(d) The Bidder(s)Contractor(s) will when presenting his bid disclose any and all

payments he has made is committed to or intends to make to agents brokers or any other

intermediaries in connection with the award of the contract

(2) The Bidder(s)Contractor(s) will not instigate third persons to commit offences outlined

above or be an accessory to such offences

Section 3 ndash Disqualification from tender process and exclusion from future contracts

If the Bidder(s)Contractor(s) before contract award or during execution has committed a

transgression through a violation of Section 2 above or in any other form such as to put his

reliability or credibility in question the Principal is entitled to disqualify the

Bidder(s)Contractor(s) from the tender process or take action as per the defined procedure

Section 4 ndash Compensation for Damages

(i) If the Principal has disqualified the Bidder(s) from the tender process prior to the award

according to Section 3 the Principal is entitled to demand and recover the damages

equivalent to Earnest Money Deposit Bid Security

(ii) If the Principal has terminated the contract according to Section 3 or if the Principal is

entitled to terminate the contract according to section 3 the Principal shall be entitled to

demand and recover from the Contractor the amount equivalent to Security Deposit

Performance Bank Guarantee in addition to any other penalties recoveries as per terms

and conditions of the tender

Section 5 ndash Previous transgression

(i) The Bidder declares that no previous transgression occurred in the last 3 years with any

other Company in any country conforming to the Anti-corruption approach or with any

other Public Sector Enterprise in India that could justify his exclusion from the tender

process

(ii) If the Bidder makes incorrect statement on this subject he can be disqualified from the

tender process or action can be taken as per the defined procedure

Section 6 ndash Equal treatment of all BiddersContractorsSubcontractors

41 Signature of the Contractor

(i) The principal will enter into agreements with identical conditions as this one with all

BiddersContractors

(ii) The Bidder(s)Contractor(s) undertake(s) to demand from all subcontractors a

commitment in conformity with this Integrity Pact

(iii) The Principal will disqualify from the tender process all bidders who do not sign this

Pact or violate its provisions

Section 7 ndash Criminal charges against violating

Bidder(s)Contractor(s)Subcontractor(s)

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or

of an employee or a representative or an associate of a Bidder Contractor or

Subcontractor which constitutes corruption or if the Principal has substantive suspicion in

this regard the Principal will inform the Corporate Vigilance Office

Section 8 ndash External Independent MonitorMonitors

1 Principal appoints competent and credible Independent External Monitor for this Pact

The task of the Monitor is to review independently and objectively whether and to what

extent the parties comply with the obligations under this agreement

2 The Monitor is not subject to instructions by the representatives of the parties and

performs his functions neutrally and independently He reports to the CMD of the BSNL

3 The Bidder(s)Contractor(s) accepts that the Monitor has the right to access without

restriction to all Project documentation of the Principal including that provided by the

Contractor The Contractor will also grant the Monitor upon his request and demonstration

of a valid interest unrestricted and unconditional access to his project documentation The

same is applicable to Subcontractors The Monitor is under contractual obligation to treat

the information and documents of the Bidder(s)Contractor(s)Subcontractor(s) with

confidentiality

Notwithstanding anything contained in this Section the Bidder(s)Contractor(s) shall have

no obligation whatsoever to provide any internal costing mechanisms or any internal

financial or commercial data pursuant to any audit or review conducted by or on behalf of

the Principal Further the Bidder(s)Contractor(s) shall not be required to provide any data

relating to its other customers or any personnel or employee related date

4 The Principal will provide to the Monitor 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 Principal and the Contractor The parties offer to the

Monitor the option to participate in such meetings

5 As soon as the Monitor notices or believes to notice a violation of this agreement he

will so inform the Management of the Principal and request the Management to

discontinue or take corrective action or to take other relevant action The monitor can in

this regard submit non-binding recommendations Beyond this the Monitor has no right to

demand from the parties that they act in a specific manner refrain from action or tolerate

action

42 Signature of the Contractor

6 The Monitor will submit a written report to the Chairperson of the Board of the Principal

within 8 to 10 weeks from the date of reference or intimation to him by the lsquoPrincipalrsquo and

should the occasion arise submit proposals for correcting problematic situations

7 If the Monitor has reported to the CMD of the BSNL a substantiated suspicion of an

offence under relevant Anti-Corruption Laws of India and the BSNL has not within

reasonable time taken visible action to proceed against such offence or reported it to the

Corporate Vigilance Office the Monitor may also transmit this information directly to the

Central Vigilance Commissioner Government of India

8 The word lsquoMonitorrsquo would include both singular and plural

Section 9 ndash Pact Duration

This Pact begins when both parties have legally signed it It expires for the Contractor 12

months after the last payment under the contract and for all other Bidders 6 months after

the contract has been awarded

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 dischargeddetermined by

CMD BSNL

Section 10 ndash Other provisions

1 This agreement is subject to Indian Law Place of performance and jurisdiction is the

Registered Office of the Principal ie New Delhi The arbitration clause provided in the

tender document contract shall not be applicable for any issue dispute arising under

Integrity Pact

2 Changes and supplements as well as termination notice need to be made in writing

3 If the Contractor is a partnership or a consortium this agreement must be signed by all

partners or consortium members

4 Should one or several provisions of this agreement turn out to be invalid the remainder

of this agreement remains valid In this case the parties will strive to come to an agreement

to their original intensions

------------------------------------ ----------------------------------

For the Principal For the BidderContractor

Placehelliphelliphelliphelliphelliphelliphelliphellip Witness 1 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphellip Witness 2 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

43 Signature of the Contractor

Anexx-VIII

AGREEMENT

This agreement made on thishelliphelliphellip day of helliphelliphellip Yearhelliphelliphelliphellip Between hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphellipHerein after called ldquo The contractorrdquo (which expression shall unless excluded by or

repugnant to the context include its successors heir executors administrative representative and

assignee) of the one part amp the BSNL (GMTD Mehsana) herein after referred to as the BSNL of

other part Tender No MMTenderMehsana2016-1706 Dated 26102016

Where as the contractor has offered to enter with the said BSNL for the contract for repairing of

EPBT amp CLIP Plan instruments amp Buttons Key in Mehsana SSA Mehsana Telecom District on

the terms and conditions herein contained and the rates approved by the BSNL (copy of rates

annexed) have been dully accepted and whereas the necessary security deposit have been furnished

in accordance with the provision of the tender documents and whereas no interest will be claimed

on the security deposit Now these presents witness and it is hereby agreed and declared by and

between the partiesrsquo presents as follows

(1) The contractor shall during the period of this contract that is to say fromhelliphelliphelliphelliphellipTo

helliphelliphelliphellip or completion of work whichever is earlier or until this contract shall be

determined by such notice as is herein after mentioned safely carried out by means of

Labours employed at his own expense and by means of tools implements of equipments

etc to be supplied by him to his Labours at his own expense all work of repairing of

EPBT amp CLIP instruments as described in tender documents (annexed to the agreement)

when the BSNL or any other person authorized by GMTD Mehsana in that behalf require it

is under stood by the contractor that the quantity of work mentioned in the schedule is

likely to change as per actual requirement as demanded by exigencies of service

(2) The Notice Inviting Tender Bid documents (qualifying and financial) letter of intent

approved rates annexed here to and such other additional particulars instructions

drawings work orders as may be found requisite to be given during execution of work

shall be deemed and taken to be an integral part of the contract and shall be deemed to be

included in the expression ldquoThe agreement) or ldquoThe Contractrdquo wherever herein used

(3) The contractor also supplies the requisite number of workmen with means and materials as

well as tools appliances vehicles for transportation cartage etc required for the proper

execution of work within the prescribed in the work orders

(4) The contractor hereby declares that no body connected with or in the employment of the

BSNL is notshall not ever be admitted as partner in the contract

(5) The contractor shall abide by the terms and conditions rules guide lines constructions

particulars safety precautions etc stipulated in the tender documents including any

correspondence between the contractor and the BSNL having bearing on execution of work

and payments of work to be done under the contract

In witness whereof the partiesrsquo presents have here in to set their representative hands and

seals the day and year in

Signed sealed amp Delivered by

The above named contractor in the presence of

Above written

Witness

(1)

(2) Signed and delivered on behalf of BSNL

Witness

(1)

(2)

44 Signature of the Contractor

ANNEXURE-IX - UNDERTAKING

This deed of undertaking executed on this helliphelliphellip day ofhelliphelliphelliptwo thousand andhelliphellip

by (name of sole proprietorpartnerdirectorauthorized representative the firm

company trust society etc)helliphelliphelliphelliphelliphelliphelliphelliphelliphellipSO helliphelliphelliphelliphelliphelliphelliphellip

residing athelliphelliphelliphelliphelliphelliphelliphelliphelliphellipOn behalf of said helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of the firm company Trust Society etc) having its office athelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

and dully authorized to sign file and verify present undertaking by the said hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of Firm company Society etc) in favour of Bharat Sanchar Nigam Ltd a

Government Of India undertaking having its registered office at Statesman

HouseB-148 Barkhamba Road New Delhi and local office at Administrative

Building Sanchar Bhawan BSNL Pilaji Ganj Mehsana-1 here in after called

BSNL (which terms shall mean and include its successors administrators heirs and

assigns Where as MS BSNL invited bids for repairing of EPBT amp CLIP instruments in Mehsana SSA

IWe participated in the bidding process and emerged as successful bidder with respect to tender No

MMTenderMehsana2016-1706 Dated 26102016

IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Acknowledge that IWe have fully under

stood and aware of the terms amp conditions of the Tendercontract and do hereby unequivocally and

unconditionally undertake and declare that

(1) IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip shall comply with all

the rulesRegulationsLawsGovernment instructionsstatus etc that are

applicable will be made applicable and or are aimed to protect the interest of

the workersemployees engaged by meus in the past and during the course of

performance of the contract with BSNL

(2) IWe shall fully protect indemnity and hold harmless BSNL and its employees

officers Directors agents judgments damages fines penalties and costs

(including legal costs and disbursements) arising from or relating to

Any breach violation of any direction order from any governmental

authority any provisions of the labour laws or any other laws status or

regulations that are or will be aimed to protect the interest of the

workersLabours engaged by the contractors in past and during the

course of this contract

OR

Any other payments claims or liability that may arise for ensuring

compliance of the provisions of any of the labour laws or any other laws

etc OR

Any other claim made by any third party in connection with any violation

of any laws guide lines instructions etc

In witness whereof this undertaking has caused on thehelliphelliphelliphelliphelliphellip

DayhelliphelliphelliphelliphellipMonth ofhelliphelliphellip Year

Date

Place

Signature

Name

Designation

Witness 1 2helliphelliphellip

45 Signature of the Contractor

ANNEXURE-X

E-Tendering Instructions to Bidders

These Special Instructions (for e-Tendering) supplement lsquoGeneral instructions to Biddersrsquo as enclosed in Section IV of this E-Tender Document Wherever there is a conflict the provisions herein shall prevail over those in other pages of this document

Submission of Bids only through online process is mandatory for this Tender

For conducting electronic tendering BSNL Mehsana is using the portal

(httpeprocurementsynisecombsnl1gujarat) of Ms Synise Technologies ltd Pune A - Submission of tender

1 The bidding process will be accepted only through e-tendering platform 2 Availability of e-tendering document e-tender document can be obtained by

downloading it from the website httpeprocurementsynisecombsnl1gujarat the

physical copy of the Tender document would not be available for sale

3 The Tender document shall not be available for download on its submissionclosing date B - General 1 Tender Bidding Methodology

Sealed Bid System ndashldquoSingle Stage using two envelopsrdquo

In this case of two envelope system Financial amp Techno-commercial bids shall be

submitted by the bidder at the same time

2 Broad outline of activities from Bidders prospective

1 Procure a Digital Signing Certificate (DSC)

2 Register on Electronic Tendering System (RETS)

3 Create Users and assign roles on ETS

4 View Notice Inviting Tender (NIT) on ETS

5 Download Official Copy of Tender Documents from ETS

6 Clarification to Tender Documents on ET Query to BSNL (Optional)

View response to queries posted by BSNL as addenda

7 Bid-Submission on ETS

8 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Techno-commercial Part

9 View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond to BSNLrsquos Post-TOE queries

10 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Financial-Part (Only for Technical Responsive Bidders)

For participating in this tender online the following instructions need to be read

carefully These instructions are supplemented with more detailed guidelines on

the relevant screens of the ETS

3 Digital Certificates

For integrity of data and its authenticity non-repudiation of electronic records and be compliant with IT Act 2000 it is necessary for each user to have a Digital Certificate (DC) also referred to as Digital Signature Certificate (DSC) of Class 2 or above issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer httpwwwccagovin]

4 Registration

To use the Electronic Tenderreg portal ( httpeprocurementsynisecombsnl1gujarat) vendor needs to register on the

46 Signature of the Contractor

portal Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e-tendering activities In ETS terminology this person will be referred to as the Super User (SU) of that organization For f u r ther details

p lease v is i t the websiteportal and follow further instructions as given on the site You may also contact tender wizard Helpdesk (as given below) to get your registration acceptedactivated Tender wizard Helpdesk

Telephone 020-30277517 020-30277522020-30277516

[between 1000 hrs to 1800 hrs on working days]

Mobile Nos Mr Hiren Pandar 7774013247 7774013248

E-mail ID helpdesksynisecom [Please mark CC

hirenpsynisecom]

BSNL Contact-1

BSNLrsquos Contact Person AGM MM Mehsana

Telephone Mobile (02762-220855222900)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID agmmmmehbsnlin

BSNL Contact-2

BSNLrsquos Contact Person SDE MM-Mehsana

Telephone Mobile (02762-221855)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID mehsdemm2bsnlin 5 Bid related Information for this Tender (Sealed Bid)

The entire bid-submission would be

online on ETS Broad outline of

submissions are as follows

Submission of digitally signed copy of Tender DocumentsAddendumaddenda

Two Envelopes

Techno-commercial -Part

Financial-Part

Note -

i) If some document is not applicable for the bidder then he has to upload

scanned copy of paper mentioning ldquoThe document ltNamegt called vide

clause helliphelliphelliphelliphelliphelliphellip is not applicable on usrdquo

ii) If document asked for contains more than one page then all those pages may be uploaded in one PDF format file

iii) Please take care to scan documents such that the total size of

documents to be uploaded remains minimum However it shall be sole

responsibility of bidder that the uploaded documents remain eligible

6 Offline Submissions

The bidder is requested to submit the following documents offline to AGM (MM) 2nd Floor Sanchar Bhawan Pilaji Ganj Mehsana-384001 on or before the date amp

time of submission of bids specified in covering letter of this tender

47 Signature of the Contractor

document in a Sealed Envelope The envelope shall bear (name of the tender) the tender number and the words lsquoDO NOT OPEN BEFORErsquo (due date amp time)

1 EMD-Bid Security in Original

2 DD Bankers cheque against payment of tender fee

3 Power of attorney (if applicable) Note The bidder has to upload the Scanned copy of all above said documents during

online Bid submission also

7 Special Note on Security of Bids

Security related functionality has been rigorously implemented in ETS in a multi-dimensional manner Starting with Acceptance of Registration by the Service Provider provision for security has been made at various stages in Electronic Tenderrsquos software Security related aspects as regard Bid Submission are outlined below

As part of the Electronic Encryptertrade functionality the contents of both the lsquoElectronic Formsrsquo and the lsquoMain-Bidrsquo are securely encrypted using a Pass-Phrase created by the Bidder himself Unlike a lsquopasswordrsquo a Pass-Phrase can be a multi-word sentence with spaces between words (eg I love this World) A Pass-Phrase is easier to remember and more difficult to break It is recommended that a separate Pass-Phrase be created for each Bid-Part This method of bid- encryption does not have the security and data-integrity related vulnerabilities which are inherent in E-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid- encryption Bid-encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE) even if there is connivance between the concerned tender- opening officers of the Buyer organization and the personnel of e-tendering service provider

Typically lsquoPass-Phrasersquo of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself when demanded by the concerned Tender Opening Officers who will open the bid Else Tender Opening Officer may authorize the bidder to open his bid himself There is an additional protection with SSL Encryption during transit from the client-end computer of a Supplier organization to the e-tendering server portal

8 Public Online Tender Opening Event (TOE)

ETS offers a unique facility for lsquoPublic Online Tender Opening Event (TOE)rsquo Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices For this purpose representatives of bidders (ie Supplier organization) dully authorized are requested to carry a Laptop and Wireless Connectivity to Internet Every legal requirement for a transparent and secure lsquoPublic Online Tender Opening Event (TOE)rsquo has been implemented on ETS As soon as a Bid is decrypted with the corresponding lsquoPass-Phrasersquo as submitted online by the bidder himself (during the TOE itself) salient points of the Bids are simultaneously made available for downloading by all participating bidders The work of taking notes during a manual lsquoTender Opening Eventrsquo is therefore replaced with this superior and convenient form of lsquoPublic Online Tender Opening Event (TOE)rsquo ETS has a unique facility of lsquoOnline Comparison Chartrsquo which is dynamically updated as each online bid is opened The format of the chart is based on inputs provided by the Buyer for each Tender The information in the Comparison Chart is based on the data submitted by the Bidders in electronic forms A detailed Technical and or Financial Comparison Chart enhances Transparency Detailed instructions are given on relevant screens

48 Signature of the Contractor

ETS has a unique facility of a detailed report titled lsquoMinutes of Online Tender Opening Event (TOE)rsquo covering all important activities of lsquoOnline Tender Opening Event (TOE)rsquo This is available to all participating bidders for lsquoViewing Downloadingrsquo

There are many more facilities and features on ETS For a particular tender the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer

NOTE In case of internet related problem at a bidderrsquos end especially during lsquocritical

eventsrsquo such as ndash a short period before bid-submission deadline during online

public tender opening event etc it is the bidderrsquos responsibility to have backup

internet connections In case there is a problem at the e- procurement

service-providerrsquos end (in the server leased line etc) due to which all the

bidders face a problem during critical events and this is brought to the notice

of BSNL by the bidders in time then BSNL will promptly re-schedule the

affected event(s)

9 Other Instructions

For further instructions the vendor should visit the home-page of the portal

( httpeprocurementsynisecombsnl1gujarat) and go to the User-Guidance Center The help information provided through lsquoETS User-Guidance Centerrsquo is available in three categories ndash

Users intending to Register First-Time Users Logged-in users of Buyer organizations and Logged-in users of Supplier organizations Various links are provided under each of the three categories Note It is strongly recommended that all authorized users of Supplier

organizations should thoroughly peruse the information provided under the

relevant links and take appropriate action This will prevent hiccups and minimize

teething problems during the use of ETS

The following lsquoFOUR KEY INSTRUCTIONS for BIDDERSrsquo must be assiduously adhered to

1 Obtain individual Digital Signing Certificate (DSC or DC) well in advance of

your first tender submission deadline on ETS

2 Register your organization on ETS well in advance of your first tender submission deadline on ETS

3 Get your organizationrsquos concerned executives trained on ETS well in advance of your first tender submission deadline on ETS

4 Submit your bids well in advance of tender submission deadline on ETS as

there could be last minute problems due to internet timeout breakdown etc

While the first three instructions mentioned above are especially relevant to first-time users of ETS the fourth instruction is relevant at all times

10 Minimum Requirements at Bidders end

Computer System with good configuration (Min P IV 1 GB RAM Windows XP)

Broadband connectivity

Microsoft Internet Explorer 60 or above

Digital Certificate(s) for users

49 Signature of the Contractor

ANNEXURE-III

RATE SHEET

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Rate should be quoted in below Rate Sheet

Sr

No

Rates Quoted By Bidder With Respect to SOR (Schedule Of Rate)

Particulars In Figure In Words

1 Above Of SOR

2 Below Of SOR

3 AT PAR

[At Same Rates of SOR]

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

Signature of the Bidder with Seal

Note

1 All faulty instruments are to be repaired except fully broken or fully burnt due to

electric hazards

2 The work may be offered to more than one contractor if required

Signature of the Tenderer with seal

Full Name _____________________

Full Address________________________

  • TABLE OF CONTENTS
    • CERTIFICATE REGARDING NEAR RLATIVES
      • LETTEROF AUTHORISATION FOR ATTENDING BID OPENING
      • Signed sealed amp Delivered by
      • Above written
        • ANNEXURE-IX - UNDERTAKING

16 Signature of the Contractor

interest on bid securityEMD payable

156 A Bid not secured in accordance with Para 153 amp 155 shall be rejected by the

company

157 The bid security (Ernest Money Deposit) of the unsuccessful bidder will be discharged

returned as promptly as possible and no claim whatsoever in this respect would be

entertained

158 The successful bidderrsquos bid security (Earnest Money Deposit) will be returned after

the bidderrsquos acceptance of the tender amp performance security deposit

159 The bid security (Earnest Money Deposit) will be forfeited

a) If the Tenderer withdraws his bid during the period of bid validity specified by

the Tenderer on the Bid form Rate sheet Price Bid or

b) In the case of a successful Tenderer if the bidder fails

i) to sign the Agreement contract amp

ii) to furnish Security Deposit

1510 The performance security deposit (PSD) deposited by the successful bidder in the

form of Cash or in PBG will be released after successful completion of contract and no due

pending against him

16 INSPECTIONS AND TESTING

The GMTD MEHSANA or his representative or any of the officers shall have free

access to the work site at all time for inspection The contractor shall render to the

representative of the company all possible assistants and facilities for the purpose

17 ASSESSMENTS PERMITS LICENCES AND OTHER FACILITIES

17l The contractor shall obtain provide at his own cost all assessments permits and

licenses necessary to do its work

172 The contractor shall be responsible for obtaining at his expense such licenses

permitfacilities as are necessary for the contractor to operate and do business in the

republic of India and in the state in which the work is to be performed

173 The contractor will not be entitled to extra compensation for hardship and increase in

cost Some cases may necessitate special method of execution of work and such

contingency shall deemed to have been provided for in the rates

18 PROTECTION OF LIFE AND PROPERTY AND EXISTING FACILITIES

181 The contractor is fully responsible for taking all possible safety precautions during

preparation for and actual performance of the work

182 The contractor shall undertake to indemnify and keep indemnified the Company from

and against all actions cause of actions damages claims and demand whatsoever either in

law or in inquiry and all losses and damages and costs (inclusive between attorney and

client) charges and expenses in connection there with and or incidental thereto The

contractor shall take all responsibility and risk in the execution of the work

183 It shall be the responsibility of the contractor to see that his employees or any other

person does not misbehave with anybody in company

17 Signature of the Contractor

19 INDEMNITIES

191 The contractor shall at all time hold the Company harmless and indemnify from

against all actions suits proceeding work cost damages charge claims and demand of

every nature and description brought or procured against the Company its officer and

employee and forth with upon demand and without pretest or demur to pay to the

Company any and all losses and damages and cost (inclusive between attorney and client)

and all costs incurred in endorsing this or any other indemnities or security which the

Company may now or at any time have related to the work or the contractors obligations

or in protecting or endorsing its right in any suit or other legal proceeding charges and

liabilities resulting from or incidental or in connection with injury disease or disablement

or death of any person (s) including employee of the contractor or damage to the property

resulting from or arising out of or in any way connected with or incidental to the operator

cause by the contractor documents In addition the contractor shall reimburse the Company

or pay to the Company forthwith on demand without protest or demure all costs charges

and expenses and losses and damages otherwise incurred by it in consequence of any

demands and actions which may be brought against the Company arising out of or

incidental or in connection with the operation covered by the contractor

192 The contractor shall at his own cost at the Company request defend any suit or other

proceeding asserting a claim covered by this indemnity but shall not settle compound or

compromise such suit or other finding without first consulting the Company

20 COMPLIANCE WITH LAW AND REGULATIONS

201 During the performance of the work the contractor shall at his own cost and initiative

fully comply with all applicable law of the land and with any and all applicable by-laws

rules regulations and orders and any other provision having in forces of any Company

Company agencies or department municipal board Company or other regulatory or

authorized body of person and shall provide all certificate of compliance therewith as may

be required by such applicable law by-law rules regulation orders or provision The

contractor shall assume full responsibility for the payment of all contributions and pay roll

taxes as to its employee servants or agent engaged in the performance of the work

specified in the contract documents The contractor require any assignee or sub-contractor

to whom any portion of the work to be performed hereunder may be assigned subleased

or sub-contracted to comply with the provision of the clause and in this connection the

contractor agrees as to undertake to save and hold the Company harmless and indemnified

from and against anyall penalty actions suits losses and damages claims and demands

and cost (inclusive between attorney and client) charges and expenses whatsoever arising

out of occasioned indirectly or directly by failure of the contractor or any assignee or

sub-contractor to make full and proper compliance with the said by-laws rules regulation

law and order and provision as aforesaid

202 Subject to the provisions of the contractor labour (Abolition and regulation Act

1970) the contractor shall not commence actual work unless he produces a receipt from

the concerned licensing authority that he has applied for licensees from the prescribed

licensing authority which may be produced within the period of 15 days or commencing

the work

203 Contractor will have to carry out the work under the rules and regulation of Labour

Act

18 Signature of the Contractor

21 OPTIONAL TERMINATION BY COMPANY (OTHER THAN DUE DEFAULT OF

CONTRACTOR)

211 The Company may at any time at its option cancel and terminate this contract by

written notice to the contractor in which event the contractor shall be entitled for payment

for the work done upto the time of such cancellation

212 In the event of the termination of the contract the contractor shall forthwith hand over

possession of the EPBT amp CLIP Concerned to the company or as the company may direct

213 The Company may at its option cancel or omit the execution of one or more items

of work under this contract and any part of such item(s) without any compensation

whatsoever to the contractor

22 TAXES AND DUTIES

Contractor shall pay all rates levies fees royalties taxes and duties except service tax

payable or arising from out of by virtue of or in connection withor incidental to the

contract or any of the parties in terms of the contract documents andor in respect of the

works or operation(s) or any part thereof to be performed by the contractor and the

contractor shall indemnify and keep indemnified the company from and against the same

or any default by the contractor in the payment thereof other taxes imposed by the

Government will be borne by the contractors Service tax will be paid by BSNL provided

that service tax particulars supplied amp claimed in bills

23 BREACH OF CONTRACT

The Designated officialnominated representative may without prejudice to his right

against the contractor in respect of any delay or inferior workmanship or otherwise or to

any claims of damage in respect of any breaches of the contract and without prejudice to

any rights or remedies under any of the provisions of this contract or otherwise and

whether the date for completion has or has not elapsed by notice in writing absolutely

determine the contract in any of the following cases -

(i) If the contractor having been given by the designated official nominated

representative a notice in writing to rectify reconstruct or replace any defective work or

that the work is being performed in any inefficient or otherwise improper or un work

manlike manner shall omit to comply with the requirements of such notice for a period of

fifteen days thereafter or if the contractor shall delay or suspend the execution of the work

so that either in the judgment of the Designated official (which shall be final and binding)

he will be unable to secure completion of the work by the date for completion or he has

already failed to complete the work by that date

(ii) If the contractor being a company shall pass a resolution or the court shall make an

order that the company shall be wound up or if a receiver or a manager on behalf of a

creditor shall be appointed or if circumstances shall arise which entitle the court or creditor

to appoint a receiver or a manager or which entitle the court to make a winding up order

(iii) If the contractor commits breach of any of the terms and conditions of this contract

(iv) If the contractor commits any acts mentioned in clause thereof

24 When the contractor has made himself liable for action under any of the aforesaid

19 Signature of the Contractor

clauses the Designated official on behalf of the company shall have powers -

(a) To determine or rescind or terminate the contract as aforesaid (of which termination

or rescission notice in writing to the contractor under the hand of the Designated

officialnominated representative shall be conclusive evidence) Upon such determination

or rescission the Security deposit of the contractor shall be liable to be forfeited and shall

be absolutely at the disposal of Company Notice for period of 15days will be received

from the date of issue of notice

(b) To employ other agency paid by the company and to supply materials to carry out the

works or part of the work debiting the contractor with the cost of the work and the price of

the materials (of the amount of which cost and price certified by the Designated official

shall be final and conclusive against the contractor) and crediting him with the value of the

work done in all respects in the same manner and the rates as if it had been carried out by

the contractor under the terms of the contract The certificate of the GMTD-MEHSANA as

to the value of the work done shall be final and conclusive against the contractor provided

always that action under the sub-clause shall only be taken after giving notice in writing to

the contractor Provided also that if the expenses incurred by the company are less than the

amount payable to the contractor at his agreement rates the difference should not be paid

to the contractor

(c) After giving notice to the contractor to measure up the work of the contractor and to

take such part thereof as shall be unexecuted out of his hands and to give it to another

contractor to complete in which case any expenses which may be incurred in excess of the

sum which would have been paid to the original contractor if the whole work has been

executed by him (of the amount of which excess the certificate in writing of the Designated

official shall be final and conclusive) shall be borne and paid by the original contractor and

may be deducted from any money due to him by company under this con tract or on any

other account whatsoever or from his security deposit or the proceeds of sales thereof or a

sufficient part thereof as the case may be

25 In the event of any one or more of the above courses being adopted by Designated

official the contractor shall have no claim to compensation for any loss sustained by him

by reason of his having purely leased or procured any materials or equipment or entered

into any agreement or made any advances account or with a view to the execution or the

work or the performance of the contract and in case action is taken under any of the

provisions aforesaid the contractor shall not be entitled to recover or be paid any sum for

any work thereto or actually performed under this contract unless and until Designated

official has certified in writing the performance of such work and the value payable in

respect thereof and he shall only be entitled to be paid the value so certified

26 In any case in which any of the powers conferred upon the Designated official by

clause 24 thereof shall have become exercisable and the same shall not be exercised the

non exercise thereof shall not constitute a waiver of any of the conditions hereof and such

powers shall notwithstanding be exercisable in the event of any future case of default by

the contractor and the liability of the contractor for compensation shall remain unaffected

In the event of the Designated official putting in force all or any of the powers vested in

him under the proceeding clause he may if he so desires after giving a notice in writing to

the contractor take possession of (or at the sole discretion of the Designated official which

shall be final) use as on hire (the amount of the hire money being also in the final

determination of the Designated official) all or any tools materials and stores in or upon

the works or the materials belonging to the contractor or procured by the contractor and

20 Signature of the Contractor

intended to be used for the execution of the contract or any part thereof paying or

allowing for the same amount at the contract rates or in the case of these not being

applicable at current market rates to be certified by the Designated official whose

certificate thereof shall be final otherwise the Designated official by notice in writing may

order the contractor or his clerk of the works foremen or other authorized agent to remove

such tools plants materials stores from the premises (within and time to be specified to

comply with any such requisition the Designated official may remove them all at

contractors expense or sell them by auction or private sale on account of the contractor and

it his risk in all respects and the certificate of the Designated official as to the expense of

any such removal and the amount of the proceeds and expenses of any such sale shall be

final and conclusive against the contractor

27 If the contractor shall desire an extension of time for completion of the work on the

grounds of his having been unavoidably hindered in its execution or on any other ground

he shall apply in writing to the Designated official within seven days of the date of

hindrance on account of which he desired such extension as aforesaid and the Designated

official shall if in his opinion (which shall be final) reasonable grounds be shown

therefore authorize such extension of time if any as may in his opinion be necessary or

proper

28 If at any time after the commencement of the work the company for any reason

whatsoever not require the whole thereof as specified in the tender to be carried out the

Designated official shall give notice in writing of the fact to the contractor who shall have

no claim to any payment of compensation whatsoever on account of any profit or

advantage which he might have derived from the execution of the work in full but which

he did not derive in consequence of the full amount of the work not having been carried

out neither shall he have any claim for compensation by reason of any alterations having

been made in the original specifications drawings designs and instructions which shall

involve any curtailment of the work as originally contemplated

29 INSPECTION

All work under or in course of execution or executed in pursuance of the contract shall at

all times be open to the inspection and supervision of the Designated official and his

authorized subordinates and the contractor shall at all times during the usual working hours

and at all other times at which reasonable notice of the intention of the Designated official

or his subordinate visit the works shall have been given to the contractor either himself be

present to receive order and instructions or have a responsible agent duly a credited in

writing present for that purpose Orders given to the contractors agent shall be considered

to have the same force as if they had been given to the contractor himself

30 WORKMENS COMPENSATION

In every case in which by virtue of the provisions of section 12 sub-section

(i) of the workmenrsquos compensation Act 1923 Company is obliged to pay compensation to

a workman employed by the contractor in execution of the works Company will recover

from the contractor the amount of the compensation so paid and without prejudice to the

rights of the Company under section 12 Sub section

(ii) of the said Act Company shall be at liberty to recover such amount or any part thereof

by deducting it from the security deposit or from any sum due by the company to the

contractor whether under this contract or otherwise Company shall not be bound to contest

21 Signature of the Contractor

any claim made against it under section-12 subsection (i) of the said Act except on the

written request of the contractor and upon his giving to company full security for all costs

for which Company might become liable in consequence of contesting such claim

31 LABOUR WELFARE

311 In every case in which by virtue of the provisions of the contract Labour (Regulation

and Abolition) Act 1970 and of the contract labour (Regulation and abolition) Central

Rules 1971 Company is liable to pay any amounts of wages to a workman employed by

the contractor in execution of the works or to incur any expenditure in providing welfare

and health amenities required to be provided under the above said Act and the Rules under

clause 19 to 19 J and 20 of PWD-8 or under the CPWD Contractors Labour

Regulations or under the Rules framed by Government from time to time for the

protection of health and sanitary arrangements for workers employed by CPWD

contractors company will recover from the contractor the amount of wages so paid or the

amount of expenditure so incurred and without prejudice to the right of the Government

under section 20 sub-section (ii) and section 21 sub-section (4) of the contractor Labour

(Regulation and Abolition) Act 1970 company shall be at liberty to recover such amount or

any part thereof by deducting it from the security deposit or from any sum due by the

company to the contractor whether under this agreement or otherwise company shall not

be bound to contest any claim made against it under section 20 except on the written

request of the contractor and upon his giving to the company full security for all costs for

which Government might become liable in contesting such claim

312 The contractor shall obtain a valid licence (If required depending upon the number of

persons engaged and the nature of the work intended) under the contract Labour (RampA)

Act 1970 and the contract labour (R amp A) Central Rules 1971 before the commencement

of the work and continue to have a valid license until the completion of the work

313 Any failure to fulfill this requirement shall attract the penal provisions of this

contract arising out of the resultant non-execution of the work

314 No person below the age of (18) eighteen years shall be employed on the work

32 FAIR WAGES

(a) The contractor shall pay to persons employed by him either directly or through sub-

contractor wages not less than fair wages as defined in the CPWD Contractors Labour

(Regulations and Abolition) Act 1970 and the contract labour (Regulation and Abolition)

Central Rules 1971 wherever applicable

(b) The contractor shall notwithstanding the previsions of any contract to the contrary

cause to be paid fair wages to persons indirectly engaged on the work including any

labour engaged by his sub contractor in connection with the said work as if the labour had

been immediately employed by him

(c) The General Manager Telecom District MEHSANA or his subordinate officer

concerned shall have the right to deduct from the money due to the contractor any sum

required or estimated to be required for making good the loss suffered by a worker or

workers by reasons of non-fulfillment of the conditions of the contract for the benefit of

the workers non payment of wages or of deduction made from his or their wages are not

justified by their terms of the contract or non-observance of the Regulations

22 Signature of the Contractor

(d) The contractor shall comply with the provisions of the payment of wages Act 1936

Minimum wages Act 1948 Employees Liability Act 1938 Workmenrsquos compensation Act

1923 Industrial Disputes Act 1947 Maternity Benefits Act 1961 and the contractorrsquos

Labour (regulation and abolition) Act 1970 or the modifications there of or any other laws

relating thereto and the rules made there under from time to time

(e) The contractor shall indemnify Government against payments to be made under and

for the observance of the laws aforesaid without prejudice to his right to claim indemnity

from his sub-contractors

(f) The regulations aforesaid shall be deemed to be a part of this contract and any breach

thereof shall be deemed to be a breach of this contract

33 OTHER LABOUR WELFARE MEASURES

The contractor shall comply with all the provision of the Minimum wages Act 1948

Contractor Labour (R amp A) Act 1970 and rules framed and other labour laws affecting

contract labour that may be brought into force from time to time

34 The contract shall not assign or sublet without the written approval of the GMTD

MEHSANA or his nominated representative and if the contractor shall assign or sublet his

contract or attempt so to do or become insolvent or commence any insolvency proceeding

or make any composition with his creditors or attempt so to do or if any bribe gratuity

gift loan perquisite reward or advantage pecuniary or otherwise shall either directly or

indirectly be given promised or offered by the contractor or any of his servants or agent to

any public officer or person in the employ of Government in any way relating of his office

or employment or if any such officer or person shall become in any way directly or

indirectly interested in the contract the Designated official on behalf of the President of

India shall have power to adopt any of the coursed specified in clause 24 as he may deem

best suited in the interest of Government and in the event of any of these course being

adopted the consequences specified in the said clause 24

35 All sums payable by way of compensation under any of these conditions shall be

considered as reasonable compensation to be applied to the use of Government without

reference to the actual loss or damage sustained and whether or not any damage shall have

been sustained

36 PARTNERSHIP FIRMS

Where the contractor is a partnership firm the previous approval in writing of the

Designated officialnominated representative shall be obtained before any change is made

in the constitution of the firm Where the contractor is an individual or a Hindu undivided

family business concern such approval as aforesaid shall like wise be obtained before the

contractor enters into any partnership agreement where under the partnership firm would

have the right to carry out the work hereby undertaken by the contractor If previous

approval as aforesaid is not obtained the contract shall be deemed to have been assigned in

contravention of Clause hereof and the same action may be taken and the same

consequence shall ensure as provided in the said clause

37 All works to be executed under the contact shall be executed under the direction and

subject to the approval in all respected of the Designated official who shall be entitled to

direct at what point or points and in what manner they are to be commenced and from time

to time carried on

23 Signature of the Contractor

38 Whenever any claim against the contractor for the payment of a sum or money arises

out of or under the contract Government shall be entitled to recover such sum by

appropriating in part or whole the security deposit of the contractor and to sell any

Government Promissory Notes etc forming the whole or part of such security In the event

of the security being insufficient or if no security has been taken from the contractor then

the balance or the total sum recoverable as the case may be shall be deducted from any

sum then due or which at any time thereafter may become due to the contractor under this

or any other contract with Government Should this sum be not sufficient to cover the full

amount recoverable the contract shall pay to Government on demand the balance

remaining dues

39 AUDITS AND TECHNICAL EXAMINATION

391 Company shall have the right to cause an audit and technical examination of the

works and the final bills of the contractor including all supporting vouchers abstract etc to

be made after payment of the final bill and if as a result of such audit and technical

examination any sum is found to have been overpaid in respect of any work done by the

contractor under the contract or any work claimed by him to have been done by him under

the contract and found to have amount of over payment and it shall be liable to refund the

amount of over payment and it shall be lawful for Company to recover the same from him

in the manner prescribed or in any other manner legally permissible and if it is found that

the contractor was paid less than what was due to him under the contract in respect of any

work executed by him under it the amount of such under payment shall be duly paid by

Company to the contractor

392 Any sum of money due and payable to the contractor (including Security Deposit

returnable to him) under this contract may be appropriated by the Company and set off

against any claim of the Company for the payment of a sum or money arising out of or

under any other contract made by the contractor with the Company

40 Contractor shall not enter into agreement with any other unit on approved tender of

GMTD MEHSANA without prior approval of the General Manager Telecom District

MEHSANA

41 Without prejudice to any of the rights or remedies under this contract if the contractor

dies the GMTD MEHSANA on behalf of the company shall have the option of

terminating the contract without compensation to the contractor

42 No Engineer of gazetted rank or other gazetted officer employed in Engineering or

administrative duties in an Engineering Department of the Government of India is allowed

to work as contractor for a period of two years of his retirement from Government service

without the prior permission of Government of India This contract is liable to be canceled

if either person who had not obtained the permission of Government of India as aforesaid

before submission of the tender or engagement in the contractors service as the case may

be

43 COMPENSATION FOR DELAY The time allowed for carrying out the work as

mentioned shall be strictly observed by the contractor and shall be deemed to be of the

essence of the contract on the part of the contractor However for special jobs if the

contractor has submitted a time schedule and the same has been accepted by the designated

officialnominated representative of the company the contractor shall comply with the

said time schedule

24 Signature of the Contractor

44 TIME LIMIT amp LIQUIDATED DAMAGE CHARGES

441 It will be at the discretion of the GMTD MEHSANA to revise or modify or extend

the time limits specified for the total work awarded to the contractor or to further specify

the quantum of work to be completed within a specified period provided a written request

has been received from the contractor explaining the reasons for which such extension of

time is asked for and the GMTD MEHSANA in the particular case is convinced and

satisfied that such extension or revision or modification is in the interest of the

Government In such cases payment of liquidated damage as compensation for delay

becomes liable based on such revised or modified or extended time limits and the

conditions under which such extension or modification or revision has been made

Liquidated damage will be charged as per Special Condition clause No2 amp 3 read as

under

1 Delay in collection - Rs5- per instrument per week or part there of for entire lot of

unserviceable instruments collected delayed subject to a maximum Rs20- per instrument

in case timely collection is not done as per 2(b) of special conditions

2 Delay in delivery- Rs2- per week or part there of on the entire lot of instruments

delivered delayed in case of delivery not made timely as per Para 3 of Special conditions

442 The contractor shall have to complete the contractual work within stipulated period

and it is very clearly understood between the parties that the time is made the essence of

contract

45 The Company assumes no responsibility whatever for any oral understandings or

representations made by any its officers or agents or servants prior to the execution of the

contract and all previous negotiations and understandings are hereby canceled

46 STORERSMATERIAL SUPPLIED BY THE GOVERNMENT

All materials supplied to the contractor by the company shall remain the absolute

property of Company and shall not be removed from site of the work except for use in the

work and shall be at all times open to inspection by Designated official

47 In the event of the contractor being adjudged insolvent or going voluntarily into

liquidation or having received order or other order under insolvency Act made against him

or in the case of a company of the passing of any resolution or making of any order for

winding up weather voluntarily or otherwise or in the event of the contractor failing to

comply with any of the conditions herein specified the GMTDMEHSANA shall have

the power to terminate the contract without previous notice

48 ACCEPTANCES AND MEASUREMENT

481 It is important that the work carried out by contractor is approved by the designated

official nominated representative of the company

482 The designated official nominated representative of the Govt and the contractor or

his authorized representative will certify under their signature at the appropriate places that

the work carried out is as per the specification

49 PRICE VARIATION

25 Signature of the Contractor

The Company shall not be responsible for any escalation in prices of labour or materials

machinery equipment etc whatsoever or any increase in any duties levies or taxes in

respect thereof whatsoever and the contractor rates and contractors obligations shall

remain unaffected by such escalation and or increases

50 FORCE MAJEURE

In the event of either party being rendered unable by force majeure to perform this

contract than the obligations of the party effected by such force majeure shall be

suspended for the whole period during which such cause lasts and until normal operation

are resumed and when such cause ends the execution of this contract must be resumed

with all responsible dispatch should the execution of this contract be suspended by force

majeure than a corresponding extension of the completion date shall be automatically

granted The occurrence of a cause of force majeure however shall not relieve the

company and its obligation to make payment to the contractor for the work satisfactorily

executed prior thereto The terms force majeure as employed herein shall mean act of God

war declared or undeclared hostilities enemy actions revolts riots legal lock outs and

eligible strikes tidal waves forest fires major floods explosions earth quakes epidemics

sabotage extra ordinary act and Regulation of central or state Government or Municipality

Bodies Upon the occurrence of such causes and its termination the parties rendered unable

as aforesaid shall notified the other party in writing within 72 hours of the beginning and

ending dates giving full particulars and evidences if required

51 PAYMENTS

The contractor shall prepare the bills claiming shown as labour cost and material cost

separately The contractor shall submit the bills within 30 days after completion of the

work duly certified by the designated officialnominated representative of company

GMTD MEHSANA has full right to disallow the payment of the bills received after 30

days of completion of work

52 The GMTD MEHSANA may however at his discretion allow the contractor to

submit fortnightly bills or at the end of each work

53Income tax at the rate in force at that time would be deducted from his payments of bills

as Tax deducted at source However if any new legislation comes into effect for

deduction of tax at source at any other rate deduction will be made at that rate

The GMTD MEHSANA will issue necessary Income tax deduction certificate or the

Accounts Officer detailing the amount so deducted As Tax Deducted at Source at the time

of payment or each bill

54 The Tenderer should submit all requisite documents including EPF related documents

as per clause in tender terms amp conditions and special conditions along with the bill if

applicable

55 PAYMENT PROCEDURE

551 The bills are to be submitted in TRIPLICATE and in the manner and form that may

be prescribed by the GMTD MEHSANA from time to time ldquoAccounts Payeerdquo cheque

for amount passed in the bill will be issued only after the contractor gives a stamped

receipt for the amount unless the bills are pre-receipt Only Accounts Payee Cheques

drawn on the branch of the state bank of India or other bank in which the GMTD or the

26 Signature of the Contractor

Accounts Officer may be having drawing assignment account will make payments The

payments will be made either by the Accounts Officer or by any other official who at any

period of time may be convenient to the company

552 Any liquidated damages due shall also be recoverable from the bills submitted for the

payment by the aforesaid officer

553 The security deposit with the GMTD Shall be considered for adjustment against

liquidated damages only at the time of final conclusion of the contract and final settlement

of account

554 The GMTD MEHSANA will have e the right to recover liquidated damages for

delay or slow progress of the works from the bills submitted for payment

555 The final settlement of the bills and refund adjustmentappropriation of any amount

detained from the running bill of the contractor shall be made fully after the GMTD is

satisfied that all the contractual obligation have been fully met and no amount remain due

for recovery from the contractor on any count Unless there are specific reasons all

accounts are expected to be settled within a period of six months from the date of

completion of the works in all respects

56 FINAL ACCEPTANCE

If any of the work is found to be unsatisfactory by the designated officialnominated

representative of the govt the contractor shall be intimated in writing of the corrections

repairing to be carried out The contractor shall be required to correct all defects that

remain evident at any time prior to final acceptance of the contractors works by the

GMTD MEHSANA The cost of all such repairs and corrections shall be borne by the

contractor Failure or neglect on the part of the GMTD MEHSANA or his representative

to confirm or reject inferior work notwithstanding final acceptance of the work or any part

thereof by the company THE GMTD MEHSANA Designated official or his

representative shall not be construed to imply the acceptance of such work The provision

of this clause shall not in any way affect or limit the contractors liability under the

undertaking and guarantee contained in the contract documents

57 DISPUTES AND ARBITRATION

All dispute arising between the contractor and GMTD MEHSANA out of this contract

shall be referred to the sole arbitration in the following manners -

a) In case parties are unable to reach a settlement by themselves the dispute should be

submitted for arbitration in accordance with contract agreement

b) There should not be a joint submission with the contractor to the sole arbitrator

c) Each party should submit its own claimed severely and may oppose the claim put

forward by the other party

d) The onus of establishing his claims will be left to the contractor

e) His claim will be firmly resisted by utilizing all the evidence available with the

company

27 Signature of the Contractor

f) Once a claim has been included in the submission by the contractor a retraction or

modification thereof will be opposed

g) The Point of Defense will be based on actual condition of the contract

h) The question whether these conditions are equitable shall not receive any consideration

in the preparation of Points of Defense

i) The arbitrator shall not entertain claims in the nature of ex-gratia payments as these

are not contractual

j) If the contractor including such claims in his submission the fact that they are not

contractual will be prominently placed before the arbitrator

k) In case the amount involved is heavy the sole arbitrator may be within his rights to

conduct the defense by the government pleader

The award of the sole arbitrator shall be final and binding on the parties to the dispute It

is further agreed that reference to the sole arbitration of officer appointed as arbitrator is

conditions precedent and none will be entitled to move the court without referring the

matter to sole arbitrator

58 Contractor should produce latest Income Tax CertificateSales Tax registration

certificate

59GMTD Mehsana reserves the rights to terminate RRC for breach of

conditionconditions of the agreement after giving a show cause notice of 14 days and after

examining reply if any filed by him pursuance to show cause notice

60 GMTD Mehsana reserves the rights to engaged one or more contractors for this work

61 Rates to be quoted in ANNEXURE ndash III Financial Bid in separate sealed cover and

declaration to be given in ANNEXURE-II-A amp ANNEXURE ndash II B duly signed by all

partnersdirectors of the companyfirm

28 Signature of the Contractor

SECTION ndash V

SPCECIAL CONDITIONS

Work Orders shall be issued by concerned SDE approved by DE

1 Scope of the work Repairing of faulty electronic CLIP push button telephone

instruments buttons key including plan instrument It shall cover all instruments

including those having PCB Display of CLI and burnt out due to their connections

to powers inadvertently but excluding PBT with bakelite portion broken

discolored

2 Collection of faulty instruments

A For lifting of faulty instruments the minimum lot size will be of 20 units

the SDEexchange in charge will intimate the quantity of faulty instruments

accumulated with him over telephone or by FAX to the contractor

B The contractor shall ensure the collection of the faulty instruments within

three working days of the date at giving work order or intimation over telephone or

by FAX on working days between 10 AM to 17 PM at his cost

C The contractor shall acknowledge the receipt of the faulty instruments made

over to him

3 Duration of repair

A The contractor shall repair the faulty instruments at his own work-shop and

return the same to SDEexchange in-charge concerned at his own cost within one

week of its collection (for calculating one week the day of collection and day of

handing over will be inclusive)

B After carrying out repairs of the faulty instruments the contractor shall

offer the instruments to SDEExchange in-charge or JTO nominated by him for

inspection and testing one day before the expiry of schedule delivery date The

decision of the inspecting officer as to accept the repaired instruments will be final

and binding on contractor

C The contractor shall pack each repaired instrument suitably in a

polythene bag after polishingbuffing while returning them to SDE

D The contractor shall paste stiker with date of repairing on back side of

each repaired instrument while returning them to SDE

E The repaired instruments shall be returned back to the same SDEExchange

in-charge unless specified otherwise from where these instruments were collected

for repairs

4 Warranty repair

The contractor will undertake quality repair which will ensure the normal

troubledefect free performance of the instruments for a period of 12 months from

the date of inspection and clearance In case the repaired instruments develops

any defect or any deficiency or fault ie it becomes faulty during the warranty

29 Signature of the Contractor

period the contractor shall rectify repair and remedy such defects deficiency in the

repaired instruments at his own cost and expenses

5 A Method of evaluation

Tenders will be evaluated with reference to the total cost worked out by

multiplying rates quoted by Tenderer with approximate number of EPBT amp

CLIP Instruments as shown in the price bid

B Reports

1 The contractor shall furnish a summary of fault found and namedetails of

the components replaced in the instruments repaired while offering them for

inspection

2 The contractor shall also furnish a quarterly analysis of faulty and repaired

batch wise as per Annexure-I

6 Quality of components

The contractor shall use good quality components for repairs of the instruments

The replaced parts should be purchased by the contractor from DOT approved

source s

7 Liquidated damage

1 Delay in collection Rs 5- per instruments per week or part thereof for

entire lot of unserviceable instruments collected delayed subject to a

maximum of Rs 20- per instruments In case timely collection is not don as

per Para 2(B) above

2 Delay in delivery Rs2 per instrument per week or part thereof on the

entire lot of instruments delivered delayed in case delivery not made timely

as per Para 3 above

8 Quantum of EMD and PSD

EMD as per NIT - to be paid either in cash or in form of DDBankerrsquos

ChequePay Order from NationalizedScheduled Bank in favour of Accounts

Officer (Cash) BSNL Oo GMTD ndash Mehsana payable at Mehsana

Performance Security Deposit 10 of estimated cost of tender payable either in cash or DD or in form of Bank guarantee

from Nationalized BankScheduled Bank for a period of 24 months which will be released or refunded after successful

completion of contract and no due pending against contractor 9 Extension of validity of RRC period Period of RRC will normally

be one year However GMTD Mehsana reserves the right to extend it for a further period of six months or one year or part

there of under the same rates and terms and conditions

Estimated cost for the second year or part there of shall be considered same as approved for first year or part

there of on pro-rata basis

30 Signature of the Contractor

10 Eligibility The bidder should have

Experience of repairing of CLIP or EPBT Instruments in DOTBSNLGovt

PSU Private SectorFirm for one year during last five years as per NIT

11 Documents to be submitted with Technical Bid (Qualifying Bid) to establish

their eligibility for bidding

111 Experience certificate (self attested copy) issued by not below the rank of DEAGM in

DOTBSNLGovtPSUPrivate SectorFirm as required under clause 10 above

112 Self attested Copy of registration of firm (not required for proprietorship)

113 For EPF particulars submit the EPF registration certificate if applicable

(If not applicable submit the clarification as to how not applicable and submit

undertaking on Non judicial stamp paper of Rs 50- regarding submission of it within

one month after the agreement with BSNL Mehsana) If the firms which are under

partnership deed Company Pvt Ltd shall have to submit EPF registration certificate

If not obtain they shall have to obtain the earliest and latest by the time of agreement

They shall have to submit necessary undertaking certificate for this in ANNEXURE-

VI

114 Self attested Copy of Registration particulars with Central Excise for Service Tax If

undertaking is given he shall have to submit within one month before agreement failing

which there will be no agreement (If Service tax is not applicable he shall have to

submit reasons as to how it is not applicable)

115 Partnership deed amp power of attorney who has signed the bid (self attested copy) if

applicable

116 Bio-data of Tenderer in ANNAXURE--IV

117 Declaration to be given in ANNEXURE-II A amp II B

12 Rates to be quoted in ANNEXURE-III In Financial Bid to be submitted separately

in sealed cover

13 GMTD Mehsana reserves the rights to terminate RRC for breach of condition

conditions of the agreement after giving a show cause notice of 14 days and after

examination reply if any filled by him pursuance to show cause notice

14 EPF contribution in respect of LabourEmployees employed by the contractor for

execution of works of BSNL if applicable The contractor will have to

fulfillcompliance of the provisions of EPF amp Misc provisions Act1952 amp Employees

provident fund scheme-1952 by the contractor in respect of LaboursEmployees

engaged by them for performing the work of BSNL while submitting the claim of bills

towards works executed by him if applicable he must accompany the

i List showing the details of LaboursEmployees engaged

ii Duration of their engagement

iii The amount of wages paid to such LaboursEmployees for the duration in question

iv Amount of EPF contribution (both employees amp employers contribution) for the

duration of engagement in question paid to the EPF authorities

31 Signature of the Contractor

v Copies of authenticated documents of payments of such contributions to

EPF authorities and a declaration for compliance of EPF Act 1952

15 The BSNL reserves the right to disqualify such bidders who have a record of not

meeting contractual obligation against earlier contracts entered into with the

BSNL MEHSANA

16 Multiple Vendor System -The BSNL Mehsana intends to limit the number

of technically amp commercially responsive bidders to (Maximum three) from

the list of such bidders arranged in increasing order of their evaluated rate

starting from the lowest for the purpose of award of work against this

tender The distribution of quantum of work among the bidders is as per

clause of Section ndash of tender document

ldquoHowever SSA Head Mehsana reserve the right for the award of contract amp

work of entire tendered quantity to the bidder with the lowest evaluated

ratesrdquo

17 NOTE-

Tender documents containing detailed description of work terms amp conditions can be

had from Asstt General Manager (MM) Oo GMTD Mehsana 2nd Floor Admn

Building Sanchar Bhawan Pilaji Ganj Mehsana-384001 between 10=00 hours to

17=00 hours from 26102016 to 17112016 on all working days

Asstt General Manager (MM) Oo GMTD Mehsana ndash 384001

32 Signature of the Contractor

SECTION ndashVI

1 Specification and Tentative Quantum of work for repairing of EPBT amp

CLIP (approximate)

Sr

No

Name of SDE Unit

[Concern Supervising

Authority]

Quantum of Works for Tender for repairing

of EPBT amp CLIP Instruments [In No]

CLIP Inst EPBT

Inst

Buttons

Key

Plan Inst

1 SDE P MEHSANA 750 900 3 5

2 SDE G MEHSANA 225 250 5 0

3 SDE G CHANASAMA 100 0 5 0

4 SDE G CHHATRAL 350 200 0 0

5 SDEP KADI 50 0 0 0

6 SDEG KADI 50 0 0 0

7 SDEP KALOL 750 450 7 0

8 SDEG KALOL 150 50 0 0

9 SDEP VIJAPUR 60 85 2 0

10 SDEG VIJAPUR 75 95 2 0

11 SDEG MNSGZR 50 80 3 0

12 SDEG KUKARWADA 50 75 2 0

13 SDEP VISNAGAR 350 200 5 0

14 SDEG VISNAGAR 150 75 4 0

15 SDEG VADNAGAR 100 25 4 0

16 SDEG SATLASANA 75 40 3 0

17 SDEG KHERALU 100 50 3 0

18 SDEP UNJHA 500 400 3 0

19 SDEG UNJHA 100 113 2 0

20 SDEP SIDHPUR 450 300 3 0

21 SDEG SIDHPUR 200 200 5 0

22 SDEP PATAN 350 150 5 0

23 SDEG PATAN 100 50 5 0

24 SDEG HRJSAMI 100 50 4 0

Total 5235 3838 75 5

33 Signature of the Contractor

SECTION ndashVII

STANDARD SCHEDULE OF RATE (SOR) FOR REPARING OF EPBT

AND CLIP INSTRUMENT IN MEHSANA TELECOM DISTRICT (MEHSANA SSA)

To

GMTD Mehsana

Sub - Our Financial Bid for repairing of EPBT amp CLIP Instruments in Mehsana SSA

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Sir

Having examined the tender documents terms amp conditions specification of work

stipulated there in IWe the undersigned offer our rates in percentage as under

Brief description of items for

Repairing under ARC

Approx Quantity to be

repaired under ARC

SOR Per Instrument

(a) (b) (c)

(1) Repairing of CLIP Telephones

instruments

5235 No Rs 55-

(2) Repairing of Electronics Push

Button Telephones (EPBT)

3838 No Rs 23-

(3) Repairing of Buttons Key

75 No Rs 26-

(3) Repairing of Plan Instruments

5 No Rs 39-

Note- The Quantity of Clip instrument ( 5500) may be consider which AMC will be expired as per given below -

(1) AMC of 1400 PTPL instrument may be expired on 23092016

(2) AMC of 3100 PTPL instrument may be expired on 21012017

(3) AMC of 1000 PTPL instrument may be expired on 25032017

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

34 Signature of the Contractor

ANNEXURE-I

Fault analysis report of instruments of quarter ending

No of faulty

instruments

with

contractor at

the

beginning of

the period

No of faulty instruments

received by contractor

during the quarter

No of faulty instruments

repaired and returned to

Depot officer

CF No of

faulty

instruments

with

contractor

In warranty Out of

warranty

In warranty Out of

warranty

1

2

Nature of Fault

Type No Of instruments

No

dial

tone

Dial

faulty

No

ring

Poor

speechdisturbance

Dead Display

Fault

No fault

foundMisc

In

warrant

Out of

warranty

Repairing carried out

Type Faults in

TransmitterReceiver Ringer Contract

foil

PCB

Fault

Disply No fault

foundMisc

In

warrant

Out of

warranty

35 Signature of the Contractor

ANNEXURE ndashII

DECLARATION

(TO BE SUBMITTED WITH TECHNICAL BID)

IWe hereby declare that IWe have carefully gone through the Terms amp Conditions of

Tender Notice Invited vide No MMTenderMehsana2016-1706 Dated 26102016 in

detail and agree to the rate submitted by MeUs in the rate sheet and IWe agree in full to

abide by them

1) Signature of the Party ___________________________________

Full Name ___________________________________

(In block letter) ___________________________________

2) Full address ___________________________________

___________________________________

___________________________________

___________________________________

Tele No (O)________________________________

(R)________________________________

3) Capacity in which the __________________________________

Tender is signed

Rubber stamp is required) __________________________________

__________________________________

Date Signature of the Tenderer with seal

36 Signature of the Contractor

ANNEXURE ndash IV

DECLARATION REGARDING EPF TO BE GIVEN ON NON-JUDICIAL STAMPS

PAPER OF RS 100-

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

I helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipProprietor of

Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip do here by declare

that I am the proprietor of my above firm I am carrying out the repairing of

EPBT amp CLIP my self I do not engage labour So EPF is not applicable to

me

However the decision of the competent authority shall be binding to me in

this regard

Name of the Bidder

Signature of the Bidder with Seal

37 Signature of the Contractor

ANNEXURE ndash V

Undertaking to be given for compliance of EPF Registration certificate

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

We the partners Directors of the firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Do here by undertake that if our tender is accepted we will submit the EPF Registration

certification at the earliest latest by one month after the agreement carried out with the

BSNL Mehsana for execution of works for repairing of EPBT amp CLIP Instruments in

Mehsana SSA failing which the decision of the competent authority will be binding on us

To be signed by all Partners directors

38 Signature of the Contractor

ANNEXURE ndash VI

LETTEROF AUTHORISATION FOR ATTENDING BID OPENING

Tender Number MMTenderMehsana2016-1706 Dated 26102016

Subject Authorisation for attending bid opening on___________________(date) the

tender of following persons are hereby authorised to attend the bid opening

for the tender mentioned above on behalf of ______________________

(Bidder) in order of preference given below

Order of Preference Name

Specimen Signatures

I

II

Alternate

Representative

Signatures of

bidder

Or

Officer authorised to sign the bid

Documents on behalf of the bidder

No 1 Maximum of two representatives will be permitted to attend bid opening In

case where it is restricted to one first preference will be allowed Alternate

representative will be permitted when regular representatives are not to able

attending

2 Permission for entry to the hall where bids are opened may be refused in case

authorisation as prescribed above is not recovered

39 Signature of the Contractor

ANNEXURE ndash VII

INTEGRITY PACT

Between

Bharat Sanchar Nigam Limited (BSNL) GMTD-Mehsana hereinafter referred to as ldquoThe

Principalrdquo

And

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphereinafter referred to as ldquoThe BidderContractorrdquo

Preamble

The Principal intends to award under laid down organizational procedures contracts for --

----------------------------------------- The Principal values full compliance with all relevant

laws and regulations and the principles of economic use of resources and of fairness and

transparency in its relations with its Bidders and Contractors

In order to achieve these goals the Principal will appoint an Independent External Monitor

who will monitor the tender process and the execution of the contract for compliance with

the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to

observe the following principles -

(a) No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for

or accept for himherself or third person any material or immaterial benefit which heshe

is not legally entitled to

(b) The Principal will during the tender process treat all Bidder(s) with equity and reason

The Principal will in particular before and during the tender process provide to all

Bidder(s) the same information and will not provide to any Bidder(s)

confidentialadditional information through which the Bidder(s) could obtain an advantage

in relation to the tender process or the contract execution

(c) The Principal will exclude from the process all known prejudiced persons

(2) If the Principal obtains information on the conduct of any of its employees which is a

criminal offence under the relevant Anti-Corruption Laws of India or if there be a

substantive suspicion in this regard the Principal will inform its Vigilance Office and in

addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder(s)Contractor(s)

(1) The Bidder(s)Contractor(s) commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation

in the tender process and during the contract execution

(a) The Bidder(s)Contractor(s) will not directly or through any other person or firm offer

promise or give to any of the Principalrsquos employees involved in the tender process or the

40 Signature of the Contractor

execution of the contract or to any third person any material or immaterial benefit which

heshe is not legally entitled to in order to obtain in exchange any advantage of any kind

whatsoever during the tender process or during the execution of the contract

(b) The Bidder(s)Contractor(s) will not enter with other Bidder(s) 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

(c) The Bidder(s)Contractor(s) will not commit any offence under the relevant Anti-

corruption Laws of India further the Bidder(s)Contractor(s) will not use improperly for

purposes of competition or personal gain or pass on to others any information or

document provided by the Principal as part of the business relationship regarding plans

technical proposals and business details including information contained or transmitted

electronically

(d) The Bidder(s)Contractor(s) will when presenting his bid disclose any and all

payments he has made is committed to or intends to make to agents brokers or any other

intermediaries in connection with the award of the contract

(2) The Bidder(s)Contractor(s) will not instigate third persons to commit offences outlined

above or be an accessory to such offences

Section 3 ndash Disqualification from tender process and exclusion from future contracts

If the Bidder(s)Contractor(s) before contract award or during execution has committed a

transgression through a violation of Section 2 above or in any other form such as to put his

reliability or credibility in question the Principal is entitled to disqualify the

Bidder(s)Contractor(s) from the tender process or take action as per the defined procedure

Section 4 ndash Compensation for Damages

(i) If the Principal has disqualified the Bidder(s) from the tender process prior to the award

according to Section 3 the Principal is entitled to demand and recover the damages

equivalent to Earnest Money Deposit Bid Security

(ii) If the Principal has terminated the contract according to Section 3 or if the Principal is

entitled to terminate the contract according to section 3 the Principal shall be entitled to

demand and recover from the Contractor the amount equivalent to Security Deposit

Performance Bank Guarantee in addition to any other penalties recoveries as per terms

and conditions of the tender

Section 5 ndash Previous transgression

(i) The Bidder declares that no previous transgression occurred in the last 3 years with any

other Company in any country conforming to the Anti-corruption approach or with any

other Public Sector Enterprise in India that could justify his exclusion from the tender

process

(ii) If the Bidder makes incorrect statement on this subject he can be disqualified from the

tender process or action can be taken as per the defined procedure

Section 6 ndash Equal treatment of all BiddersContractorsSubcontractors

41 Signature of the Contractor

(i) The principal will enter into agreements with identical conditions as this one with all

BiddersContractors

(ii) The Bidder(s)Contractor(s) undertake(s) to demand from all subcontractors a

commitment in conformity with this Integrity Pact

(iii) The Principal will disqualify from the tender process all bidders who do not sign this

Pact or violate its provisions

Section 7 ndash Criminal charges against violating

Bidder(s)Contractor(s)Subcontractor(s)

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or

of an employee or a representative or an associate of a Bidder Contractor or

Subcontractor which constitutes corruption or if the Principal has substantive suspicion in

this regard the Principal will inform the Corporate Vigilance Office

Section 8 ndash External Independent MonitorMonitors

1 Principal appoints competent and credible Independent External Monitor for this Pact

The task of the Monitor is to review independently and objectively whether and to what

extent the parties comply with the obligations under this agreement

2 The Monitor is not subject to instructions by the representatives of the parties and

performs his functions neutrally and independently He reports to the CMD of the BSNL

3 The Bidder(s)Contractor(s) accepts that the Monitor has the right to access without

restriction to all Project documentation of the Principal including that provided by the

Contractor The Contractor will also grant the Monitor upon his request and demonstration

of a valid interest unrestricted and unconditional access to his project documentation The

same is applicable to Subcontractors The Monitor is under contractual obligation to treat

the information and documents of the Bidder(s)Contractor(s)Subcontractor(s) with

confidentiality

Notwithstanding anything contained in this Section the Bidder(s)Contractor(s) shall have

no obligation whatsoever to provide any internal costing mechanisms or any internal

financial or commercial data pursuant to any audit or review conducted by or on behalf of

the Principal Further the Bidder(s)Contractor(s) shall not be required to provide any data

relating to its other customers or any personnel or employee related date

4 The Principal will provide to the Monitor 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 Principal and the Contractor The parties offer to the

Monitor the option to participate in such meetings

5 As soon as the Monitor notices or believes to notice a violation of this agreement he

will so inform the Management of the Principal and request the Management to

discontinue or take corrective action or to take other relevant action The monitor can in

this regard submit non-binding recommendations Beyond this the Monitor has no right to

demand from the parties that they act in a specific manner refrain from action or tolerate

action

42 Signature of the Contractor

6 The Monitor will submit a written report to the Chairperson of the Board of the Principal

within 8 to 10 weeks from the date of reference or intimation to him by the lsquoPrincipalrsquo and

should the occasion arise submit proposals for correcting problematic situations

7 If the Monitor has reported to the CMD of the BSNL a substantiated suspicion of an

offence under relevant Anti-Corruption Laws of India and the BSNL has not within

reasonable time taken visible action to proceed against such offence or reported it to the

Corporate Vigilance Office the Monitor may also transmit this information directly to the

Central Vigilance Commissioner Government of India

8 The word lsquoMonitorrsquo would include both singular and plural

Section 9 ndash Pact Duration

This Pact begins when both parties have legally signed it It expires for the Contractor 12

months after the last payment under the contract and for all other Bidders 6 months after

the contract has been awarded

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 dischargeddetermined by

CMD BSNL

Section 10 ndash Other provisions

1 This agreement is subject to Indian Law Place of performance and jurisdiction is the

Registered Office of the Principal ie New Delhi The arbitration clause provided in the

tender document contract shall not be applicable for any issue dispute arising under

Integrity Pact

2 Changes and supplements as well as termination notice need to be made in writing

3 If the Contractor is a partnership or a consortium this agreement must be signed by all

partners or consortium members

4 Should one or several provisions of this agreement turn out to be invalid the remainder

of this agreement remains valid In this case the parties will strive to come to an agreement

to their original intensions

------------------------------------ ----------------------------------

For the Principal For the BidderContractor

Placehelliphelliphelliphelliphelliphelliphelliphellip Witness 1 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphellip Witness 2 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

43 Signature of the Contractor

Anexx-VIII

AGREEMENT

This agreement made on thishelliphelliphellip day of helliphelliphellip Yearhelliphelliphelliphellip Between hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphellipHerein after called ldquo The contractorrdquo (which expression shall unless excluded by or

repugnant to the context include its successors heir executors administrative representative and

assignee) of the one part amp the BSNL (GMTD Mehsana) herein after referred to as the BSNL of

other part Tender No MMTenderMehsana2016-1706 Dated 26102016

Where as the contractor has offered to enter with the said BSNL for the contract for repairing of

EPBT amp CLIP Plan instruments amp Buttons Key in Mehsana SSA Mehsana Telecom District on

the terms and conditions herein contained and the rates approved by the BSNL (copy of rates

annexed) have been dully accepted and whereas the necessary security deposit have been furnished

in accordance with the provision of the tender documents and whereas no interest will be claimed

on the security deposit Now these presents witness and it is hereby agreed and declared by and

between the partiesrsquo presents as follows

(1) The contractor shall during the period of this contract that is to say fromhelliphelliphelliphelliphellipTo

helliphelliphelliphellip or completion of work whichever is earlier or until this contract shall be

determined by such notice as is herein after mentioned safely carried out by means of

Labours employed at his own expense and by means of tools implements of equipments

etc to be supplied by him to his Labours at his own expense all work of repairing of

EPBT amp CLIP instruments as described in tender documents (annexed to the agreement)

when the BSNL or any other person authorized by GMTD Mehsana in that behalf require it

is under stood by the contractor that the quantity of work mentioned in the schedule is

likely to change as per actual requirement as demanded by exigencies of service

(2) The Notice Inviting Tender Bid documents (qualifying and financial) letter of intent

approved rates annexed here to and such other additional particulars instructions

drawings work orders as may be found requisite to be given during execution of work

shall be deemed and taken to be an integral part of the contract and shall be deemed to be

included in the expression ldquoThe agreement) or ldquoThe Contractrdquo wherever herein used

(3) The contractor also supplies the requisite number of workmen with means and materials as

well as tools appliances vehicles for transportation cartage etc required for the proper

execution of work within the prescribed in the work orders

(4) The contractor hereby declares that no body connected with or in the employment of the

BSNL is notshall not ever be admitted as partner in the contract

(5) The contractor shall abide by the terms and conditions rules guide lines constructions

particulars safety precautions etc stipulated in the tender documents including any

correspondence between the contractor and the BSNL having bearing on execution of work

and payments of work to be done under the contract

In witness whereof the partiesrsquo presents have here in to set their representative hands and

seals the day and year in

Signed sealed amp Delivered by

The above named contractor in the presence of

Above written

Witness

(1)

(2) Signed and delivered on behalf of BSNL

Witness

(1)

(2)

44 Signature of the Contractor

ANNEXURE-IX - UNDERTAKING

This deed of undertaking executed on this helliphelliphellip day ofhelliphelliphelliptwo thousand andhelliphellip

by (name of sole proprietorpartnerdirectorauthorized representative the firm

company trust society etc)helliphelliphelliphelliphelliphelliphelliphelliphelliphellipSO helliphelliphelliphelliphelliphelliphelliphellip

residing athelliphelliphelliphelliphelliphelliphelliphelliphelliphellipOn behalf of said helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of the firm company Trust Society etc) having its office athelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

and dully authorized to sign file and verify present undertaking by the said hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of Firm company Society etc) in favour of Bharat Sanchar Nigam Ltd a

Government Of India undertaking having its registered office at Statesman

HouseB-148 Barkhamba Road New Delhi and local office at Administrative

Building Sanchar Bhawan BSNL Pilaji Ganj Mehsana-1 here in after called

BSNL (which terms shall mean and include its successors administrators heirs and

assigns Where as MS BSNL invited bids for repairing of EPBT amp CLIP instruments in Mehsana SSA

IWe participated in the bidding process and emerged as successful bidder with respect to tender No

MMTenderMehsana2016-1706 Dated 26102016

IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Acknowledge that IWe have fully under

stood and aware of the terms amp conditions of the Tendercontract and do hereby unequivocally and

unconditionally undertake and declare that

(1) IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip shall comply with all

the rulesRegulationsLawsGovernment instructionsstatus etc that are

applicable will be made applicable and or are aimed to protect the interest of

the workersemployees engaged by meus in the past and during the course of

performance of the contract with BSNL

(2) IWe shall fully protect indemnity and hold harmless BSNL and its employees

officers Directors agents judgments damages fines penalties and costs

(including legal costs and disbursements) arising from or relating to

Any breach violation of any direction order from any governmental

authority any provisions of the labour laws or any other laws status or

regulations that are or will be aimed to protect the interest of the

workersLabours engaged by the contractors in past and during the

course of this contract

OR

Any other payments claims or liability that may arise for ensuring

compliance of the provisions of any of the labour laws or any other laws

etc OR

Any other claim made by any third party in connection with any violation

of any laws guide lines instructions etc

In witness whereof this undertaking has caused on thehelliphelliphelliphelliphelliphellip

DayhelliphelliphelliphelliphellipMonth ofhelliphelliphellip Year

Date

Place

Signature

Name

Designation

Witness 1 2helliphelliphellip

45 Signature of the Contractor

ANNEXURE-X

E-Tendering Instructions to Bidders

These Special Instructions (for e-Tendering) supplement lsquoGeneral instructions to Biddersrsquo as enclosed in Section IV of this E-Tender Document Wherever there is a conflict the provisions herein shall prevail over those in other pages of this document

Submission of Bids only through online process is mandatory for this Tender

For conducting electronic tendering BSNL Mehsana is using the portal

(httpeprocurementsynisecombsnl1gujarat) of Ms Synise Technologies ltd Pune A - Submission of tender

1 The bidding process will be accepted only through e-tendering platform 2 Availability of e-tendering document e-tender document can be obtained by

downloading it from the website httpeprocurementsynisecombsnl1gujarat the

physical copy of the Tender document would not be available for sale

3 The Tender document shall not be available for download on its submissionclosing date B - General 1 Tender Bidding Methodology

Sealed Bid System ndashldquoSingle Stage using two envelopsrdquo

In this case of two envelope system Financial amp Techno-commercial bids shall be

submitted by the bidder at the same time

2 Broad outline of activities from Bidders prospective

1 Procure a Digital Signing Certificate (DSC)

2 Register on Electronic Tendering System (RETS)

3 Create Users and assign roles on ETS

4 View Notice Inviting Tender (NIT) on ETS

5 Download Official Copy of Tender Documents from ETS

6 Clarification to Tender Documents on ET Query to BSNL (Optional)

View response to queries posted by BSNL as addenda

7 Bid-Submission on ETS

8 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Techno-commercial Part

9 View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond to BSNLrsquos Post-TOE queries

10 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Financial-Part (Only for Technical Responsive Bidders)

For participating in this tender online the following instructions need to be read

carefully These instructions are supplemented with more detailed guidelines on

the relevant screens of the ETS

3 Digital Certificates

For integrity of data and its authenticity non-repudiation of electronic records and be compliant with IT Act 2000 it is necessary for each user to have a Digital Certificate (DC) also referred to as Digital Signature Certificate (DSC) of Class 2 or above issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer httpwwwccagovin]

4 Registration

To use the Electronic Tenderreg portal ( httpeprocurementsynisecombsnl1gujarat) vendor needs to register on the

46 Signature of the Contractor

portal Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e-tendering activities In ETS terminology this person will be referred to as the Super User (SU) of that organization For f u r ther details

p lease v is i t the websiteportal and follow further instructions as given on the site You may also contact tender wizard Helpdesk (as given below) to get your registration acceptedactivated Tender wizard Helpdesk

Telephone 020-30277517 020-30277522020-30277516

[between 1000 hrs to 1800 hrs on working days]

Mobile Nos Mr Hiren Pandar 7774013247 7774013248

E-mail ID helpdesksynisecom [Please mark CC

hirenpsynisecom]

BSNL Contact-1

BSNLrsquos Contact Person AGM MM Mehsana

Telephone Mobile (02762-220855222900)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID agmmmmehbsnlin

BSNL Contact-2

BSNLrsquos Contact Person SDE MM-Mehsana

Telephone Mobile (02762-221855)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID mehsdemm2bsnlin 5 Bid related Information for this Tender (Sealed Bid)

The entire bid-submission would be

online on ETS Broad outline of

submissions are as follows

Submission of digitally signed copy of Tender DocumentsAddendumaddenda

Two Envelopes

Techno-commercial -Part

Financial-Part

Note -

i) If some document is not applicable for the bidder then he has to upload

scanned copy of paper mentioning ldquoThe document ltNamegt called vide

clause helliphelliphelliphelliphelliphelliphellip is not applicable on usrdquo

ii) If document asked for contains more than one page then all those pages may be uploaded in one PDF format file

iii) Please take care to scan documents such that the total size of

documents to be uploaded remains minimum However it shall be sole

responsibility of bidder that the uploaded documents remain eligible

6 Offline Submissions

The bidder is requested to submit the following documents offline to AGM (MM) 2nd Floor Sanchar Bhawan Pilaji Ganj Mehsana-384001 on or before the date amp

time of submission of bids specified in covering letter of this tender

47 Signature of the Contractor

document in a Sealed Envelope The envelope shall bear (name of the tender) the tender number and the words lsquoDO NOT OPEN BEFORErsquo (due date amp time)

1 EMD-Bid Security in Original

2 DD Bankers cheque against payment of tender fee

3 Power of attorney (if applicable) Note The bidder has to upload the Scanned copy of all above said documents during

online Bid submission also

7 Special Note on Security of Bids

Security related functionality has been rigorously implemented in ETS in a multi-dimensional manner Starting with Acceptance of Registration by the Service Provider provision for security has been made at various stages in Electronic Tenderrsquos software Security related aspects as regard Bid Submission are outlined below

As part of the Electronic Encryptertrade functionality the contents of both the lsquoElectronic Formsrsquo and the lsquoMain-Bidrsquo are securely encrypted using a Pass-Phrase created by the Bidder himself Unlike a lsquopasswordrsquo a Pass-Phrase can be a multi-word sentence with spaces between words (eg I love this World) A Pass-Phrase is easier to remember and more difficult to break It is recommended that a separate Pass-Phrase be created for each Bid-Part This method of bid- encryption does not have the security and data-integrity related vulnerabilities which are inherent in E-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid- encryption Bid-encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE) even if there is connivance between the concerned tender- opening officers of the Buyer organization and the personnel of e-tendering service provider

Typically lsquoPass-Phrasersquo of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself when demanded by the concerned Tender Opening Officers who will open the bid Else Tender Opening Officer may authorize the bidder to open his bid himself There is an additional protection with SSL Encryption during transit from the client-end computer of a Supplier organization to the e-tendering server portal

8 Public Online Tender Opening Event (TOE)

ETS offers a unique facility for lsquoPublic Online Tender Opening Event (TOE)rsquo Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices For this purpose representatives of bidders (ie Supplier organization) dully authorized are requested to carry a Laptop and Wireless Connectivity to Internet Every legal requirement for a transparent and secure lsquoPublic Online Tender Opening Event (TOE)rsquo has been implemented on ETS As soon as a Bid is decrypted with the corresponding lsquoPass-Phrasersquo as submitted online by the bidder himself (during the TOE itself) salient points of the Bids are simultaneously made available for downloading by all participating bidders The work of taking notes during a manual lsquoTender Opening Eventrsquo is therefore replaced with this superior and convenient form of lsquoPublic Online Tender Opening Event (TOE)rsquo ETS has a unique facility of lsquoOnline Comparison Chartrsquo which is dynamically updated as each online bid is opened The format of the chart is based on inputs provided by the Buyer for each Tender The information in the Comparison Chart is based on the data submitted by the Bidders in electronic forms A detailed Technical and or Financial Comparison Chart enhances Transparency Detailed instructions are given on relevant screens

48 Signature of the Contractor

ETS has a unique facility of a detailed report titled lsquoMinutes of Online Tender Opening Event (TOE)rsquo covering all important activities of lsquoOnline Tender Opening Event (TOE)rsquo This is available to all participating bidders for lsquoViewing Downloadingrsquo

There are many more facilities and features on ETS For a particular tender the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer

NOTE In case of internet related problem at a bidderrsquos end especially during lsquocritical

eventsrsquo such as ndash a short period before bid-submission deadline during online

public tender opening event etc it is the bidderrsquos responsibility to have backup

internet connections In case there is a problem at the e- procurement

service-providerrsquos end (in the server leased line etc) due to which all the

bidders face a problem during critical events and this is brought to the notice

of BSNL by the bidders in time then BSNL will promptly re-schedule the

affected event(s)

9 Other Instructions

For further instructions the vendor should visit the home-page of the portal

( httpeprocurementsynisecombsnl1gujarat) and go to the User-Guidance Center The help information provided through lsquoETS User-Guidance Centerrsquo is available in three categories ndash

Users intending to Register First-Time Users Logged-in users of Buyer organizations and Logged-in users of Supplier organizations Various links are provided under each of the three categories Note It is strongly recommended that all authorized users of Supplier

organizations should thoroughly peruse the information provided under the

relevant links and take appropriate action This will prevent hiccups and minimize

teething problems during the use of ETS

The following lsquoFOUR KEY INSTRUCTIONS for BIDDERSrsquo must be assiduously adhered to

1 Obtain individual Digital Signing Certificate (DSC or DC) well in advance of

your first tender submission deadline on ETS

2 Register your organization on ETS well in advance of your first tender submission deadline on ETS

3 Get your organizationrsquos concerned executives trained on ETS well in advance of your first tender submission deadline on ETS

4 Submit your bids well in advance of tender submission deadline on ETS as

there could be last minute problems due to internet timeout breakdown etc

While the first three instructions mentioned above are especially relevant to first-time users of ETS the fourth instruction is relevant at all times

10 Minimum Requirements at Bidders end

Computer System with good configuration (Min P IV 1 GB RAM Windows XP)

Broadband connectivity

Microsoft Internet Explorer 60 or above

Digital Certificate(s) for users

49 Signature of the Contractor

ANNEXURE-III

RATE SHEET

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Rate should be quoted in below Rate Sheet

Sr

No

Rates Quoted By Bidder With Respect to SOR (Schedule Of Rate)

Particulars In Figure In Words

1 Above Of SOR

2 Below Of SOR

3 AT PAR

[At Same Rates of SOR]

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

Signature of the Bidder with Seal

Note

1 All faulty instruments are to be repaired except fully broken or fully burnt due to

electric hazards

2 The work may be offered to more than one contractor if required

Signature of the Tenderer with seal

Full Name _____________________

Full Address________________________

  • TABLE OF CONTENTS
    • CERTIFICATE REGARDING NEAR RLATIVES
      • LETTEROF AUTHORISATION FOR ATTENDING BID OPENING
      • Signed sealed amp Delivered by
      • Above written
        • ANNEXURE-IX - UNDERTAKING

17 Signature of the Contractor

19 INDEMNITIES

191 The contractor shall at all time hold the Company harmless and indemnify from

against all actions suits proceeding work cost damages charge claims and demand of

every nature and description brought or procured against the Company its officer and

employee and forth with upon demand and without pretest or demur to pay to the

Company any and all losses and damages and cost (inclusive between attorney and client)

and all costs incurred in endorsing this or any other indemnities or security which the

Company may now or at any time have related to the work or the contractors obligations

or in protecting or endorsing its right in any suit or other legal proceeding charges and

liabilities resulting from or incidental or in connection with injury disease or disablement

or death of any person (s) including employee of the contractor or damage to the property

resulting from or arising out of or in any way connected with or incidental to the operator

cause by the contractor documents In addition the contractor shall reimburse the Company

or pay to the Company forthwith on demand without protest or demure all costs charges

and expenses and losses and damages otherwise incurred by it in consequence of any

demands and actions which may be brought against the Company arising out of or

incidental or in connection with the operation covered by the contractor

192 The contractor shall at his own cost at the Company request defend any suit or other

proceeding asserting a claim covered by this indemnity but shall not settle compound or

compromise such suit or other finding without first consulting the Company

20 COMPLIANCE WITH LAW AND REGULATIONS

201 During the performance of the work the contractor shall at his own cost and initiative

fully comply with all applicable law of the land and with any and all applicable by-laws

rules regulations and orders and any other provision having in forces of any Company

Company agencies or department municipal board Company or other regulatory or

authorized body of person and shall provide all certificate of compliance therewith as may

be required by such applicable law by-law rules regulation orders or provision The

contractor shall assume full responsibility for the payment of all contributions and pay roll

taxes as to its employee servants or agent engaged in the performance of the work

specified in the contract documents The contractor require any assignee or sub-contractor

to whom any portion of the work to be performed hereunder may be assigned subleased

or sub-contracted to comply with the provision of the clause and in this connection the

contractor agrees as to undertake to save and hold the Company harmless and indemnified

from and against anyall penalty actions suits losses and damages claims and demands

and cost (inclusive between attorney and client) charges and expenses whatsoever arising

out of occasioned indirectly or directly by failure of the contractor or any assignee or

sub-contractor to make full and proper compliance with the said by-laws rules regulation

law and order and provision as aforesaid

202 Subject to the provisions of the contractor labour (Abolition and regulation Act

1970) the contractor shall not commence actual work unless he produces a receipt from

the concerned licensing authority that he has applied for licensees from the prescribed

licensing authority which may be produced within the period of 15 days or commencing

the work

203 Contractor will have to carry out the work under the rules and regulation of Labour

Act

18 Signature of the Contractor

21 OPTIONAL TERMINATION BY COMPANY (OTHER THAN DUE DEFAULT OF

CONTRACTOR)

211 The Company may at any time at its option cancel and terminate this contract by

written notice to the contractor in which event the contractor shall be entitled for payment

for the work done upto the time of such cancellation

212 In the event of the termination of the contract the contractor shall forthwith hand over

possession of the EPBT amp CLIP Concerned to the company or as the company may direct

213 The Company may at its option cancel or omit the execution of one or more items

of work under this contract and any part of such item(s) without any compensation

whatsoever to the contractor

22 TAXES AND DUTIES

Contractor shall pay all rates levies fees royalties taxes and duties except service tax

payable or arising from out of by virtue of or in connection withor incidental to the

contract or any of the parties in terms of the contract documents andor in respect of the

works or operation(s) or any part thereof to be performed by the contractor and the

contractor shall indemnify and keep indemnified the company from and against the same

or any default by the contractor in the payment thereof other taxes imposed by the

Government will be borne by the contractors Service tax will be paid by BSNL provided

that service tax particulars supplied amp claimed in bills

23 BREACH OF CONTRACT

The Designated officialnominated representative may without prejudice to his right

against the contractor in respect of any delay or inferior workmanship or otherwise or to

any claims of damage in respect of any breaches of the contract and without prejudice to

any rights or remedies under any of the provisions of this contract or otherwise and

whether the date for completion has or has not elapsed by notice in writing absolutely

determine the contract in any of the following cases -

(i) If the contractor having been given by the designated official nominated

representative a notice in writing to rectify reconstruct or replace any defective work or

that the work is being performed in any inefficient or otherwise improper or un work

manlike manner shall omit to comply with the requirements of such notice for a period of

fifteen days thereafter or if the contractor shall delay or suspend the execution of the work

so that either in the judgment of the Designated official (which shall be final and binding)

he will be unable to secure completion of the work by the date for completion or he has

already failed to complete the work by that date

(ii) If the contractor being a company shall pass a resolution or the court shall make an

order that the company shall be wound up or if a receiver or a manager on behalf of a

creditor shall be appointed or if circumstances shall arise which entitle the court or creditor

to appoint a receiver or a manager or which entitle the court to make a winding up order

(iii) If the contractor commits breach of any of the terms and conditions of this contract

(iv) If the contractor commits any acts mentioned in clause thereof

24 When the contractor has made himself liable for action under any of the aforesaid

19 Signature of the Contractor

clauses the Designated official on behalf of the company shall have powers -

(a) To determine or rescind or terminate the contract as aforesaid (of which termination

or rescission notice in writing to the contractor under the hand of the Designated

officialnominated representative shall be conclusive evidence) Upon such determination

or rescission the Security deposit of the contractor shall be liable to be forfeited and shall

be absolutely at the disposal of Company Notice for period of 15days will be received

from the date of issue of notice

(b) To employ other agency paid by the company and to supply materials to carry out the

works or part of the work debiting the contractor with the cost of the work and the price of

the materials (of the amount of which cost and price certified by the Designated official

shall be final and conclusive against the contractor) and crediting him with the value of the

work done in all respects in the same manner and the rates as if it had been carried out by

the contractor under the terms of the contract The certificate of the GMTD-MEHSANA as

to the value of the work done shall be final and conclusive against the contractor provided

always that action under the sub-clause shall only be taken after giving notice in writing to

the contractor Provided also that if the expenses incurred by the company are less than the

amount payable to the contractor at his agreement rates the difference should not be paid

to the contractor

(c) After giving notice to the contractor to measure up the work of the contractor and to

take such part thereof as shall be unexecuted out of his hands and to give it to another

contractor to complete in which case any expenses which may be incurred in excess of the

sum which would have been paid to the original contractor if the whole work has been

executed by him (of the amount of which excess the certificate in writing of the Designated

official shall be final and conclusive) shall be borne and paid by the original contractor and

may be deducted from any money due to him by company under this con tract or on any

other account whatsoever or from his security deposit or the proceeds of sales thereof or a

sufficient part thereof as the case may be

25 In the event of any one or more of the above courses being adopted by Designated

official the contractor shall have no claim to compensation for any loss sustained by him

by reason of his having purely leased or procured any materials or equipment or entered

into any agreement or made any advances account or with a view to the execution or the

work or the performance of the contract and in case action is taken under any of the

provisions aforesaid the contractor shall not be entitled to recover or be paid any sum for

any work thereto or actually performed under this contract unless and until Designated

official has certified in writing the performance of such work and the value payable in

respect thereof and he shall only be entitled to be paid the value so certified

26 In any case in which any of the powers conferred upon the Designated official by

clause 24 thereof shall have become exercisable and the same shall not be exercised the

non exercise thereof shall not constitute a waiver of any of the conditions hereof and such

powers shall notwithstanding be exercisable in the event of any future case of default by

the contractor and the liability of the contractor for compensation shall remain unaffected

In the event of the Designated official putting in force all or any of the powers vested in

him under the proceeding clause he may if he so desires after giving a notice in writing to

the contractor take possession of (or at the sole discretion of the Designated official which

shall be final) use as on hire (the amount of the hire money being also in the final

determination of the Designated official) all or any tools materials and stores in or upon

the works or the materials belonging to the contractor or procured by the contractor and

20 Signature of the Contractor

intended to be used for the execution of the contract or any part thereof paying or

allowing for the same amount at the contract rates or in the case of these not being

applicable at current market rates to be certified by the Designated official whose

certificate thereof shall be final otherwise the Designated official by notice in writing may

order the contractor or his clerk of the works foremen or other authorized agent to remove

such tools plants materials stores from the premises (within and time to be specified to

comply with any such requisition the Designated official may remove them all at

contractors expense or sell them by auction or private sale on account of the contractor and

it his risk in all respects and the certificate of the Designated official as to the expense of

any such removal and the amount of the proceeds and expenses of any such sale shall be

final and conclusive against the contractor

27 If the contractor shall desire an extension of time for completion of the work on the

grounds of his having been unavoidably hindered in its execution or on any other ground

he shall apply in writing to the Designated official within seven days of the date of

hindrance on account of which he desired such extension as aforesaid and the Designated

official shall if in his opinion (which shall be final) reasonable grounds be shown

therefore authorize such extension of time if any as may in his opinion be necessary or

proper

28 If at any time after the commencement of the work the company for any reason

whatsoever not require the whole thereof as specified in the tender to be carried out the

Designated official shall give notice in writing of the fact to the contractor who shall have

no claim to any payment of compensation whatsoever on account of any profit or

advantage which he might have derived from the execution of the work in full but which

he did not derive in consequence of the full amount of the work not having been carried

out neither shall he have any claim for compensation by reason of any alterations having

been made in the original specifications drawings designs and instructions which shall

involve any curtailment of the work as originally contemplated

29 INSPECTION

All work under or in course of execution or executed in pursuance of the contract shall at

all times be open to the inspection and supervision of the Designated official and his

authorized subordinates and the contractor shall at all times during the usual working hours

and at all other times at which reasonable notice of the intention of the Designated official

or his subordinate visit the works shall have been given to the contractor either himself be

present to receive order and instructions or have a responsible agent duly a credited in

writing present for that purpose Orders given to the contractors agent shall be considered

to have the same force as if they had been given to the contractor himself

30 WORKMENS COMPENSATION

In every case in which by virtue of the provisions of section 12 sub-section

(i) of the workmenrsquos compensation Act 1923 Company is obliged to pay compensation to

a workman employed by the contractor in execution of the works Company will recover

from the contractor the amount of the compensation so paid and without prejudice to the

rights of the Company under section 12 Sub section

(ii) of the said Act Company shall be at liberty to recover such amount or any part thereof

by deducting it from the security deposit or from any sum due by the company to the

contractor whether under this contract or otherwise Company shall not be bound to contest

21 Signature of the Contractor

any claim made against it under section-12 subsection (i) of the said Act except on the

written request of the contractor and upon his giving to company full security for all costs

for which Company might become liable in consequence of contesting such claim

31 LABOUR WELFARE

311 In every case in which by virtue of the provisions of the contract Labour (Regulation

and Abolition) Act 1970 and of the contract labour (Regulation and abolition) Central

Rules 1971 Company is liable to pay any amounts of wages to a workman employed by

the contractor in execution of the works or to incur any expenditure in providing welfare

and health amenities required to be provided under the above said Act and the Rules under

clause 19 to 19 J and 20 of PWD-8 or under the CPWD Contractors Labour

Regulations or under the Rules framed by Government from time to time for the

protection of health and sanitary arrangements for workers employed by CPWD

contractors company will recover from the contractor the amount of wages so paid or the

amount of expenditure so incurred and without prejudice to the right of the Government

under section 20 sub-section (ii) and section 21 sub-section (4) of the contractor Labour

(Regulation and Abolition) Act 1970 company shall be at liberty to recover such amount or

any part thereof by deducting it from the security deposit or from any sum due by the

company to the contractor whether under this agreement or otherwise company shall not

be bound to contest any claim made against it under section 20 except on the written

request of the contractor and upon his giving to the company full security for all costs for

which Government might become liable in contesting such claim

312 The contractor shall obtain a valid licence (If required depending upon the number of

persons engaged and the nature of the work intended) under the contract Labour (RampA)

Act 1970 and the contract labour (R amp A) Central Rules 1971 before the commencement

of the work and continue to have a valid license until the completion of the work

313 Any failure to fulfill this requirement shall attract the penal provisions of this

contract arising out of the resultant non-execution of the work

314 No person below the age of (18) eighteen years shall be employed on the work

32 FAIR WAGES

(a) The contractor shall pay to persons employed by him either directly or through sub-

contractor wages not less than fair wages as defined in the CPWD Contractors Labour

(Regulations and Abolition) Act 1970 and the contract labour (Regulation and Abolition)

Central Rules 1971 wherever applicable

(b) The contractor shall notwithstanding the previsions of any contract to the contrary

cause to be paid fair wages to persons indirectly engaged on the work including any

labour engaged by his sub contractor in connection with the said work as if the labour had

been immediately employed by him

(c) The General Manager Telecom District MEHSANA or his subordinate officer

concerned shall have the right to deduct from the money due to the contractor any sum

required or estimated to be required for making good the loss suffered by a worker or

workers by reasons of non-fulfillment of the conditions of the contract for the benefit of

the workers non payment of wages or of deduction made from his or their wages are not

justified by their terms of the contract or non-observance of the Regulations

22 Signature of the Contractor

(d) The contractor shall comply with the provisions of the payment of wages Act 1936

Minimum wages Act 1948 Employees Liability Act 1938 Workmenrsquos compensation Act

1923 Industrial Disputes Act 1947 Maternity Benefits Act 1961 and the contractorrsquos

Labour (regulation and abolition) Act 1970 or the modifications there of or any other laws

relating thereto and the rules made there under from time to time

(e) The contractor shall indemnify Government against payments to be made under and

for the observance of the laws aforesaid without prejudice to his right to claim indemnity

from his sub-contractors

(f) The regulations aforesaid shall be deemed to be a part of this contract and any breach

thereof shall be deemed to be a breach of this contract

33 OTHER LABOUR WELFARE MEASURES

The contractor shall comply with all the provision of the Minimum wages Act 1948

Contractor Labour (R amp A) Act 1970 and rules framed and other labour laws affecting

contract labour that may be brought into force from time to time

34 The contract shall not assign or sublet without the written approval of the GMTD

MEHSANA or his nominated representative and if the contractor shall assign or sublet his

contract or attempt so to do or become insolvent or commence any insolvency proceeding

or make any composition with his creditors or attempt so to do or if any bribe gratuity

gift loan perquisite reward or advantage pecuniary or otherwise shall either directly or

indirectly be given promised or offered by the contractor or any of his servants or agent to

any public officer or person in the employ of Government in any way relating of his office

or employment or if any such officer or person shall become in any way directly or

indirectly interested in the contract the Designated official on behalf of the President of

India shall have power to adopt any of the coursed specified in clause 24 as he may deem

best suited in the interest of Government and in the event of any of these course being

adopted the consequences specified in the said clause 24

35 All sums payable by way of compensation under any of these conditions shall be

considered as reasonable compensation to be applied to the use of Government without

reference to the actual loss or damage sustained and whether or not any damage shall have

been sustained

36 PARTNERSHIP FIRMS

Where the contractor is a partnership firm the previous approval in writing of the

Designated officialnominated representative shall be obtained before any change is made

in the constitution of the firm Where the contractor is an individual or a Hindu undivided

family business concern such approval as aforesaid shall like wise be obtained before the

contractor enters into any partnership agreement where under the partnership firm would

have the right to carry out the work hereby undertaken by the contractor If previous

approval as aforesaid is not obtained the contract shall be deemed to have been assigned in

contravention of Clause hereof and the same action may be taken and the same

consequence shall ensure as provided in the said clause

37 All works to be executed under the contact shall be executed under the direction and

subject to the approval in all respected of the Designated official who shall be entitled to

direct at what point or points and in what manner they are to be commenced and from time

to time carried on

23 Signature of the Contractor

38 Whenever any claim against the contractor for the payment of a sum or money arises

out of or under the contract Government shall be entitled to recover such sum by

appropriating in part or whole the security deposit of the contractor and to sell any

Government Promissory Notes etc forming the whole or part of such security In the event

of the security being insufficient or if no security has been taken from the contractor then

the balance or the total sum recoverable as the case may be shall be deducted from any

sum then due or which at any time thereafter may become due to the contractor under this

or any other contract with Government Should this sum be not sufficient to cover the full

amount recoverable the contract shall pay to Government on demand the balance

remaining dues

39 AUDITS AND TECHNICAL EXAMINATION

391 Company shall have the right to cause an audit and technical examination of the

works and the final bills of the contractor including all supporting vouchers abstract etc to

be made after payment of the final bill and if as a result of such audit and technical

examination any sum is found to have been overpaid in respect of any work done by the

contractor under the contract or any work claimed by him to have been done by him under

the contract and found to have amount of over payment and it shall be liable to refund the

amount of over payment and it shall be lawful for Company to recover the same from him

in the manner prescribed or in any other manner legally permissible and if it is found that

the contractor was paid less than what was due to him under the contract in respect of any

work executed by him under it the amount of such under payment shall be duly paid by

Company to the contractor

392 Any sum of money due and payable to the contractor (including Security Deposit

returnable to him) under this contract may be appropriated by the Company and set off

against any claim of the Company for the payment of a sum or money arising out of or

under any other contract made by the contractor with the Company

40 Contractor shall not enter into agreement with any other unit on approved tender of

GMTD MEHSANA without prior approval of the General Manager Telecom District

MEHSANA

41 Without prejudice to any of the rights or remedies under this contract if the contractor

dies the GMTD MEHSANA on behalf of the company shall have the option of

terminating the contract without compensation to the contractor

42 No Engineer of gazetted rank or other gazetted officer employed in Engineering or

administrative duties in an Engineering Department of the Government of India is allowed

to work as contractor for a period of two years of his retirement from Government service

without the prior permission of Government of India This contract is liable to be canceled

if either person who had not obtained the permission of Government of India as aforesaid

before submission of the tender or engagement in the contractors service as the case may

be

43 COMPENSATION FOR DELAY The time allowed for carrying out the work as

mentioned shall be strictly observed by the contractor and shall be deemed to be of the

essence of the contract on the part of the contractor However for special jobs if the

contractor has submitted a time schedule and the same has been accepted by the designated

officialnominated representative of the company the contractor shall comply with the

said time schedule

24 Signature of the Contractor

44 TIME LIMIT amp LIQUIDATED DAMAGE CHARGES

441 It will be at the discretion of the GMTD MEHSANA to revise or modify or extend

the time limits specified for the total work awarded to the contractor or to further specify

the quantum of work to be completed within a specified period provided a written request

has been received from the contractor explaining the reasons for which such extension of

time is asked for and the GMTD MEHSANA in the particular case is convinced and

satisfied that such extension or revision or modification is in the interest of the

Government In such cases payment of liquidated damage as compensation for delay

becomes liable based on such revised or modified or extended time limits and the

conditions under which such extension or modification or revision has been made

Liquidated damage will be charged as per Special Condition clause No2 amp 3 read as

under

1 Delay in collection - Rs5- per instrument per week or part there of for entire lot of

unserviceable instruments collected delayed subject to a maximum Rs20- per instrument

in case timely collection is not done as per 2(b) of special conditions

2 Delay in delivery- Rs2- per week or part there of on the entire lot of instruments

delivered delayed in case of delivery not made timely as per Para 3 of Special conditions

442 The contractor shall have to complete the contractual work within stipulated period

and it is very clearly understood between the parties that the time is made the essence of

contract

45 The Company assumes no responsibility whatever for any oral understandings or

representations made by any its officers or agents or servants prior to the execution of the

contract and all previous negotiations and understandings are hereby canceled

46 STORERSMATERIAL SUPPLIED BY THE GOVERNMENT

All materials supplied to the contractor by the company shall remain the absolute

property of Company and shall not be removed from site of the work except for use in the

work and shall be at all times open to inspection by Designated official

47 In the event of the contractor being adjudged insolvent or going voluntarily into

liquidation or having received order or other order under insolvency Act made against him

or in the case of a company of the passing of any resolution or making of any order for

winding up weather voluntarily or otherwise or in the event of the contractor failing to

comply with any of the conditions herein specified the GMTDMEHSANA shall have

the power to terminate the contract without previous notice

48 ACCEPTANCES AND MEASUREMENT

481 It is important that the work carried out by contractor is approved by the designated

official nominated representative of the company

482 The designated official nominated representative of the Govt and the contractor or

his authorized representative will certify under their signature at the appropriate places that

the work carried out is as per the specification

49 PRICE VARIATION

25 Signature of the Contractor

The Company shall not be responsible for any escalation in prices of labour or materials

machinery equipment etc whatsoever or any increase in any duties levies or taxes in

respect thereof whatsoever and the contractor rates and contractors obligations shall

remain unaffected by such escalation and or increases

50 FORCE MAJEURE

In the event of either party being rendered unable by force majeure to perform this

contract than the obligations of the party effected by such force majeure shall be

suspended for the whole period during which such cause lasts and until normal operation

are resumed and when such cause ends the execution of this contract must be resumed

with all responsible dispatch should the execution of this contract be suspended by force

majeure than a corresponding extension of the completion date shall be automatically

granted The occurrence of a cause of force majeure however shall not relieve the

company and its obligation to make payment to the contractor for the work satisfactorily

executed prior thereto The terms force majeure as employed herein shall mean act of God

war declared or undeclared hostilities enemy actions revolts riots legal lock outs and

eligible strikes tidal waves forest fires major floods explosions earth quakes epidemics

sabotage extra ordinary act and Regulation of central or state Government or Municipality

Bodies Upon the occurrence of such causes and its termination the parties rendered unable

as aforesaid shall notified the other party in writing within 72 hours of the beginning and

ending dates giving full particulars and evidences if required

51 PAYMENTS

The contractor shall prepare the bills claiming shown as labour cost and material cost

separately The contractor shall submit the bills within 30 days after completion of the

work duly certified by the designated officialnominated representative of company

GMTD MEHSANA has full right to disallow the payment of the bills received after 30

days of completion of work

52 The GMTD MEHSANA may however at his discretion allow the contractor to

submit fortnightly bills or at the end of each work

53Income tax at the rate in force at that time would be deducted from his payments of bills

as Tax deducted at source However if any new legislation comes into effect for

deduction of tax at source at any other rate deduction will be made at that rate

The GMTD MEHSANA will issue necessary Income tax deduction certificate or the

Accounts Officer detailing the amount so deducted As Tax Deducted at Source at the time

of payment or each bill

54 The Tenderer should submit all requisite documents including EPF related documents

as per clause in tender terms amp conditions and special conditions along with the bill if

applicable

55 PAYMENT PROCEDURE

551 The bills are to be submitted in TRIPLICATE and in the manner and form that may

be prescribed by the GMTD MEHSANA from time to time ldquoAccounts Payeerdquo cheque

for amount passed in the bill will be issued only after the contractor gives a stamped

receipt for the amount unless the bills are pre-receipt Only Accounts Payee Cheques

drawn on the branch of the state bank of India or other bank in which the GMTD or the

26 Signature of the Contractor

Accounts Officer may be having drawing assignment account will make payments The

payments will be made either by the Accounts Officer or by any other official who at any

period of time may be convenient to the company

552 Any liquidated damages due shall also be recoverable from the bills submitted for the

payment by the aforesaid officer

553 The security deposit with the GMTD Shall be considered for adjustment against

liquidated damages only at the time of final conclusion of the contract and final settlement

of account

554 The GMTD MEHSANA will have e the right to recover liquidated damages for

delay or slow progress of the works from the bills submitted for payment

555 The final settlement of the bills and refund adjustmentappropriation of any amount

detained from the running bill of the contractor shall be made fully after the GMTD is

satisfied that all the contractual obligation have been fully met and no amount remain due

for recovery from the contractor on any count Unless there are specific reasons all

accounts are expected to be settled within a period of six months from the date of

completion of the works in all respects

56 FINAL ACCEPTANCE

If any of the work is found to be unsatisfactory by the designated officialnominated

representative of the govt the contractor shall be intimated in writing of the corrections

repairing to be carried out The contractor shall be required to correct all defects that

remain evident at any time prior to final acceptance of the contractors works by the

GMTD MEHSANA The cost of all such repairs and corrections shall be borne by the

contractor Failure or neglect on the part of the GMTD MEHSANA or his representative

to confirm or reject inferior work notwithstanding final acceptance of the work or any part

thereof by the company THE GMTD MEHSANA Designated official or his

representative shall not be construed to imply the acceptance of such work The provision

of this clause shall not in any way affect or limit the contractors liability under the

undertaking and guarantee contained in the contract documents

57 DISPUTES AND ARBITRATION

All dispute arising between the contractor and GMTD MEHSANA out of this contract

shall be referred to the sole arbitration in the following manners -

a) In case parties are unable to reach a settlement by themselves the dispute should be

submitted for arbitration in accordance with contract agreement

b) There should not be a joint submission with the contractor to the sole arbitrator

c) Each party should submit its own claimed severely and may oppose the claim put

forward by the other party

d) The onus of establishing his claims will be left to the contractor

e) His claim will be firmly resisted by utilizing all the evidence available with the

company

27 Signature of the Contractor

f) Once a claim has been included in the submission by the contractor a retraction or

modification thereof will be opposed

g) The Point of Defense will be based on actual condition of the contract

h) The question whether these conditions are equitable shall not receive any consideration

in the preparation of Points of Defense

i) The arbitrator shall not entertain claims in the nature of ex-gratia payments as these

are not contractual

j) If the contractor including such claims in his submission the fact that they are not

contractual will be prominently placed before the arbitrator

k) In case the amount involved is heavy the sole arbitrator may be within his rights to

conduct the defense by the government pleader

The award of the sole arbitrator shall be final and binding on the parties to the dispute It

is further agreed that reference to the sole arbitration of officer appointed as arbitrator is

conditions precedent and none will be entitled to move the court without referring the

matter to sole arbitrator

58 Contractor should produce latest Income Tax CertificateSales Tax registration

certificate

59GMTD Mehsana reserves the rights to terminate RRC for breach of

conditionconditions of the agreement after giving a show cause notice of 14 days and after

examining reply if any filed by him pursuance to show cause notice

60 GMTD Mehsana reserves the rights to engaged one or more contractors for this work

61 Rates to be quoted in ANNEXURE ndash III Financial Bid in separate sealed cover and

declaration to be given in ANNEXURE-II-A amp ANNEXURE ndash II B duly signed by all

partnersdirectors of the companyfirm

28 Signature of the Contractor

SECTION ndash V

SPCECIAL CONDITIONS

Work Orders shall be issued by concerned SDE approved by DE

1 Scope of the work Repairing of faulty electronic CLIP push button telephone

instruments buttons key including plan instrument It shall cover all instruments

including those having PCB Display of CLI and burnt out due to their connections

to powers inadvertently but excluding PBT with bakelite portion broken

discolored

2 Collection of faulty instruments

A For lifting of faulty instruments the minimum lot size will be of 20 units

the SDEexchange in charge will intimate the quantity of faulty instruments

accumulated with him over telephone or by FAX to the contractor

B The contractor shall ensure the collection of the faulty instruments within

three working days of the date at giving work order or intimation over telephone or

by FAX on working days between 10 AM to 17 PM at his cost

C The contractor shall acknowledge the receipt of the faulty instruments made

over to him

3 Duration of repair

A The contractor shall repair the faulty instruments at his own work-shop and

return the same to SDEexchange in-charge concerned at his own cost within one

week of its collection (for calculating one week the day of collection and day of

handing over will be inclusive)

B After carrying out repairs of the faulty instruments the contractor shall

offer the instruments to SDEExchange in-charge or JTO nominated by him for

inspection and testing one day before the expiry of schedule delivery date The

decision of the inspecting officer as to accept the repaired instruments will be final

and binding on contractor

C The contractor shall pack each repaired instrument suitably in a

polythene bag after polishingbuffing while returning them to SDE

D The contractor shall paste stiker with date of repairing on back side of

each repaired instrument while returning them to SDE

E The repaired instruments shall be returned back to the same SDEExchange

in-charge unless specified otherwise from where these instruments were collected

for repairs

4 Warranty repair

The contractor will undertake quality repair which will ensure the normal

troubledefect free performance of the instruments for a period of 12 months from

the date of inspection and clearance In case the repaired instruments develops

any defect or any deficiency or fault ie it becomes faulty during the warranty

29 Signature of the Contractor

period the contractor shall rectify repair and remedy such defects deficiency in the

repaired instruments at his own cost and expenses

5 A Method of evaluation

Tenders will be evaluated with reference to the total cost worked out by

multiplying rates quoted by Tenderer with approximate number of EPBT amp

CLIP Instruments as shown in the price bid

B Reports

1 The contractor shall furnish a summary of fault found and namedetails of

the components replaced in the instruments repaired while offering them for

inspection

2 The contractor shall also furnish a quarterly analysis of faulty and repaired

batch wise as per Annexure-I

6 Quality of components

The contractor shall use good quality components for repairs of the instruments

The replaced parts should be purchased by the contractor from DOT approved

source s

7 Liquidated damage

1 Delay in collection Rs 5- per instruments per week or part thereof for

entire lot of unserviceable instruments collected delayed subject to a

maximum of Rs 20- per instruments In case timely collection is not don as

per Para 2(B) above

2 Delay in delivery Rs2 per instrument per week or part thereof on the

entire lot of instruments delivered delayed in case delivery not made timely

as per Para 3 above

8 Quantum of EMD and PSD

EMD as per NIT - to be paid either in cash or in form of DDBankerrsquos

ChequePay Order from NationalizedScheduled Bank in favour of Accounts

Officer (Cash) BSNL Oo GMTD ndash Mehsana payable at Mehsana

Performance Security Deposit 10 of estimated cost of tender payable either in cash or DD or in form of Bank guarantee

from Nationalized BankScheduled Bank for a period of 24 months which will be released or refunded after successful

completion of contract and no due pending against contractor 9 Extension of validity of RRC period Period of RRC will normally

be one year However GMTD Mehsana reserves the right to extend it for a further period of six months or one year or part

there of under the same rates and terms and conditions

Estimated cost for the second year or part there of shall be considered same as approved for first year or part

there of on pro-rata basis

30 Signature of the Contractor

10 Eligibility The bidder should have

Experience of repairing of CLIP or EPBT Instruments in DOTBSNLGovt

PSU Private SectorFirm for one year during last five years as per NIT

11 Documents to be submitted with Technical Bid (Qualifying Bid) to establish

their eligibility for bidding

111 Experience certificate (self attested copy) issued by not below the rank of DEAGM in

DOTBSNLGovtPSUPrivate SectorFirm as required under clause 10 above

112 Self attested Copy of registration of firm (not required for proprietorship)

113 For EPF particulars submit the EPF registration certificate if applicable

(If not applicable submit the clarification as to how not applicable and submit

undertaking on Non judicial stamp paper of Rs 50- regarding submission of it within

one month after the agreement with BSNL Mehsana) If the firms which are under

partnership deed Company Pvt Ltd shall have to submit EPF registration certificate

If not obtain they shall have to obtain the earliest and latest by the time of agreement

They shall have to submit necessary undertaking certificate for this in ANNEXURE-

VI

114 Self attested Copy of Registration particulars with Central Excise for Service Tax If

undertaking is given he shall have to submit within one month before agreement failing

which there will be no agreement (If Service tax is not applicable he shall have to

submit reasons as to how it is not applicable)

115 Partnership deed amp power of attorney who has signed the bid (self attested copy) if

applicable

116 Bio-data of Tenderer in ANNAXURE--IV

117 Declaration to be given in ANNEXURE-II A amp II B

12 Rates to be quoted in ANNEXURE-III In Financial Bid to be submitted separately

in sealed cover

13 GMTD Mehsana reserves the rights to terminate RRC for breach of condition

conditions of the agreement after giving a show cause notice of 14 days and after

examination reply if any filled by him pursuance to show cause notice

14 EPF contribution in respect of LabourEmployees employed by the contractor for

execution of works of BSNL if applicable The contractor will have to

fulfillcompliance of the provisions of EPF amp Misc provisions Act1952 amp Employees

provident fund scheme-1952 by the contractor in respect of LaboursEmployees

engaged by them for performing the work of BSNL while submitting the claim of bills

towards works executed by him if applicable he must accompany the

i List showing the details of LaboursEmployees engaged

ii Duration of their engagement

iii The amount of wages paid to such LaboursEmployees for the duration in question

iv Amount of EPF contribution (both employees amp employers contribution) for the

duration of engagement in question paid to the EPF authorities

31 Signature of the Contractor

v Copies of authenticated documents of payments of such contributions to

EPF authorities and a declaration for compliance of EPF Act 1952

15 The BSNL reserves the right to disqualify such bidders who have a record of not

meeting contractual obligation against earlier contracts entered into with the

BSNL MEHSANA

16 Multiple Vendor System -The BSNL Mehsana intends to limit the number

of technically amp commercially responsive bidders to (Maximum three) from

the list of such bidders arranged in increasing order of their evaluated rate

starting from the lowest for the purpose of award of work against this

tender The distribution of quantum of work among the bidders is as per

clause of Section ndash of tender document

ldquoHowever SSA Head Mehsana reserve the right for the award of contract amp

work of entire tendered quantity to the bidder with the lowest evaluated

ratesrdquo

17 NOTE-

Tender documents containing detailed description of work terms amp conditions can be

had from Asstt General Manager (MM) Oo GMTD Mehsana 2nd Floor Admn

Building Sanchar Bhawan Pilaji Ganj Mehsana-384001 between 10=00 hours to

17=00 hours from 26102016 to 17112016 on all working days

Asstt General Manager (MM) Oo GMTD Mehsana ndash 384001

32 Signature of the Contractor

SECTION ndashVI

1 Specification and Tentative Quantum of work for repairing of EPBT amp

CLIP (approximate)

Sr

No

Name of SDE Unit

[Concern Supervising

Authority]

Quantum of Works for Tender for repairing

of EPBT amp CLIP Instruments [In No]

CLIP Inst EPBT

Inst

Buttons

Key

Plan Inst

1 SDE P MEHSANA 750 900 3 5

2 SDE G MEHSANA 225 250 5 0

3 SDE G CHANASAMA 100 0 5 0

4 SDE G CHHATRAL 350 200 0 0

5 SDEP KADI 50 0 0 0

6 SDEG KADI 50 0 0 0

7 SDEP KALOL 750 450 7 0

8 SDEG KALOL 150 50 0 0

9 SDEP VIJAPUR 60 85 2 0

10 SDEG VIJAPUR 75 95 2 0

11 SDEG MNSGZR 50 80 3 0

12 SDEG KUKARWADA 50 75 2 0

13 SDEP VISNAGAR 350 200 5 0

14 SDEG VISNAGAR 150 75 4 0

15 SDEG VADNAGAR 100 25 4 0

16 SDEG SATLASANA 75 40 3 0

17 SDEG KHERALU 100 50 3 0

18 SDEP UNJHA 500 400 3 0

19 SDEG UNJHA 100 113 2 0

20 SDEP SIDHPUR 450 300 3 0

21 SDEG SIDHPUR 200 200 5 0

22 SDEP PATAN 350 150 5 0

23 SDEG PATAN 100 50 5 0

24 SDEG HRJSAMI 100 50 4 0

Total 5235 3838 75 5

33 Signature of the Contractor

SECTION ndashVII

STANDARD SCHEDULE OF RATE (SOR) FOR REPARING OF EPBT

AND CLIP INSTRUMENT IN MEHSANA TELECOM DISTRICT (MEHSANA SSA)

To

GMTD Mehsana

Sub - Our Financial Bid for repairing of EPBT amp CLIP Instruments in Mehsana SSA

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Sir

Having examined the tender documents terms amp conditions specification of work

stipulated there in IWe the undersigned offer our rates in percentage as under

Brief description of items for

Repairing under ARC

Approx Quantity to be

repaired under ARC

SOR Per Instrument

(a) (b) (c)

(1) Repairing of CLIP Telephones

instruments

5235 No Rs 55-

(2) Repairing of Electronics Push

Button Telephones (EPBT)

3838 No Rs 23-

(3) Repairing of Buttons Key

75 No Rs 26-

(3) Repairing of Plan Instruments

5 No Rs 39-

Note- The Quantity of Clip instrument ( 5500) may be consider which AMC will be expired as per given below -

(1) AMC of 1400 PTPL instrument may be expired on 23092016

(2) AMC of 3100 PTPL instrument may be expired on 21012017

(3) AMC of 1000 PTPL instrument may be expired on 25032017

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

34 Signature of the Contractor

ANNEXURE-I

Fault analysis report of instruments of quarter ending

No of faulty

instruments

with

contractor at

the

beginning of

the period

No of faulty instruments

received by contractor

during the quarter

No of faulty instruments

repaired and returned to

Depot officer

CF No of

faulty

instruments

with

contractor

In warranty Out of

warranty

In warranty Out of

warranty

1

2

Nature of Fault

Type No Of instruments

No

dial

tone

Dial

faulty

No

ring

Poor

speechdisturbance

Dead Display

Fault

No fault

foundMisc

In

warrant

Out of

warranty

Repairing carried out

Type Faults in

TransmitterReceiver Ringer Contract

foil

PCB

Fault

Disply No fault

foundMisc

In

warrant

Out of

warranty

35 Signature of the Contractor

ANNEXURE ndashII

DECLARATION

(TO BE SUBMITTED WITH TECHNICAL BID)

IWe hereby declare that IWe have carefully gone through the Terms amp Conditions of

Tender Notice Invited vide No MMTenderMehsana2016-1706 Dated 26102016 in

detail and agree to the rate submitted by MeUs in the rate sheet and IWe agree in full to

abide by them

1) Signature of the Party ___________________________________

Full Name ___________________________________

(In block letter) ___________________________________

2) Full address ___________________________________

___________________________________

___________________________________

___________________________________

Tele No (O)________________________________

(R)________________________________

3) Capacity in which the __________________________________

Tender is signed

Rubber stamp is required) __________________________________

__________________________________

Date Signature of the Tenderer with seal

36 Signature of the Contractor

ANNEXURE ndash IV

DECLARATION REGARDING EPF TO BE GIVEN ON NON-JUDICIAL STAMPS

PAPER OF RS 100-

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

I helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipProprietor of

Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip do here by declare

that I am the proprietor of my above firm I am carrying out the repairing of

EPBT amp CLIP my self I do not engage labour So EPF is not applicable to

me

However the decision of the competent authority shall be binding to me in

this regard

Name of the Bidder

Signature of the Bidder with Seal

37 Signature of the Contractor

ANNEXURE ndash V

Undertaking to be given for compliance of EPF Registration certificate

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

We the partners Directors of the firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Do here by undertake that if our tender is accepted we will submit the EPF Registration

certification at the earliest latest by one month after the agreement carried out with the

BSNL Mehsana for execution of works for repairing of EPBT amp CLIP Instruments in

Mehsana SSA failing which the decision of the competent authority will be binding on us

To be signed by all Partners directors

38 Signature of the Contractor

ANNEXURE ndash VI

LETTEROF AUTHORISATION FOR ATTENDING BID OPENING

Tender Number MMTenderMehsana2016-1706 Dated 26102016

Subject Authorisation for attending bid opening on___________________(date) the

tender of following persons are hereby authorised to attend the bid opening

for the tender mentioned above on behalf of ______________________

(Bidder) in order of preference given below

Order of Preference Name

Specimen Signatures

I

II

Alternate

Representative

Signatures of

bidder

Or

Officer authorised to sign the bid

Documents on behalf of the bidder

No 1 Maximum of two representatives will be permitted to attend bid opening In

case where it is restricted to one first preference will be allowed Alternate

representative will be permitted when regular representatives are not to able

attending

2 Permission for entry to the hall where bids are opened may be refused in case

authorisation as prescribed above is not recovered

39 Signature of the Contractor

ANNEXURE ndash VII

INTEGRITY PACT

Between

Bharat Sanchar Nigam Limited (BSNL) GMTD-Mehsana hereinafter referred to as ldquoThe

Principalrdquo

And

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphereinafter referred to as ldquoThe BidderContractorrdquo

Preamble

The Principal intends to award under laid down organizational procedures contracts for --

----------------------------------------- The Principal values full compliance with all relevant

laws and regulations and the principles of economic use of resources and of fairness and

transparency in its relations with its Bidders and Contractors

In order to achieve these goals the Principal will appoint an Independent External Monitor

who will monitor the tender process and the execution of the contract for compliance with

the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to

observe the following principles -

(a) No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for

or accept for himherself or third person any material or immaterial benefit which heshe

is not legally entitled to

(b) The Principal will during the tender process treat all Bidder(s) with equity and reason

The Principal will in particular before and during the tender process provide to all

Bidder(s) the same information and will not provide to any Bidder(s)

confidentialadditional information through which the Bidder(s) could obtain an advantage

in relation to the tender process or the contract execution

(c) The Principal will exclude from the process all known prejudiced persons

(2) If the Principal obtains information on the conduct of any of its employees which is a

criminal offence under the relevant Anti-Corruption Laws of India or if there be a

substantive suspicion in this regard the Principal will inform its Vigilance Office and in

addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder(s)Contractor(s)

(1) The Bidder(s)Contractor(s) commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation

in the tender process and during the contract execution

(a) The Bidder(s)Contractor(s) will not directly or through any other person or firm offer

promise or give to any of the Principalrsquos employees involved in the tender process or the

40 Signature of the Contractor

execution of the contract or to any third person any material or immaterial benefit which

heshe is not legally entitled to in order to obtain in exchange any advantage of any kind

whatsoever during the tender process or during the execution of the contract

(b) The Bidder(s)Contractor(s) will not enter with other Bidder(s) 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

(c) The Bidder(s)Contractor(s) will not commit any offence under the relevant Anti-

corruption Laws of India further the Bidder(s)Contractor(s) will not use improperly for

purposes of competition or personal gain or pass on to others any information or

document provided by the Principal as part of the business relationship regarding plans

technical proposals and business details including information contained or transmitted

electronically

(d) The Bidder(s)Contractor(s) will when presenting his bid disclose any and all

payments he has made is committed to or intends to make to agents brokers or any other

intermediaries in connection with the award of the contract

(2) The Bidder(s)Contractor(s) will not instigate third persons to commit offences outlined

above or be an accessory to such offences

Section 3 ndash Disqualification from tender process and exclusion from future contracts

If the Bidder(s)Contractor(s) before contract award or during execution has committed a

transgression through a violation of Section 2 above or in any other form such as to put his

reliability or credibility in question the Principal is entitled to disqualify the

Bidder(s)Contractor(s) from the tender process or take action as per the defined procedure

Section 4 ndash Compensation for Damages

(i) If the Principal has disqualified the Bidder(s) from the tender process prior to the award

according to Section 3 the Principal is entitled to demand and recover the damages

equivalent to Earnest Money Deposit Bid Security

(ii) If the Principal has terminated the contract according to Section 3 or if the Principal is

entitled to terminate the contract according to section 3 the Principal shall be entitled to

demand and recover from the Contractor the amount equivalent to Security Deposit

Performance Bank Guarantee in addition to any other penalties recoveries as per terms

and conditions of the tender

Section 5 ndash Previous transgression

(i) The Bidder declares that no previous transgression occurred in the last 3 years with any

other Company in any country conforming to the Anti-corruption approach or with any

other Public Sector Enterprise in India that could justify his exclusion from the tender

process

(ii) If the Bidder makes incorrect statement on this subject he can be disqualified from the

tender process or action can be taken as per the defined procedure

Section 6 ndash Equal treatment of all BiddersContractorsSubcontractors

41 Signature of the Contractor

(i) The principal will enter into agreements with identical conditions as this one with all

BiddersContractors

(ii) The Bidder(s)Contractor(s) undertake(s) to demand from all subcontractors a

commitment in conformity with this Integrity Pact

(iii) The Principal will disqualify from the tender process all bidders who do not sign this

Pact or violate its provisions

Section 7 ndash Criminal charges against violating

Bidder(s)Contractor(s)Subcontractor(s)

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or

of an employee or a representative or an associate of a Bidder Contractor or

Subcontractor which constitutes corruption or if the Principal has substantive suspicion in

this regard the Principal will inform the Corporate Vigilance Office

Section 8 ndash External Independent MonitorMonitors

1 Principal appoints competent and credible Independent External Monitor for this Pact

The task of the Monitor is to review independently and objectively whether and to what

extent the parties comply with the obligations under this agreement

2 The Monitor is not subject to instructions by the representatives of the parties and

performs his functions neutrally and independently He reports to the CMD of the BSNL

3 The Bidder(s)Contractor(s) accepts that the Monitor has the right to access without

restriction to all Project documentation of the Principal including that provided by the

Contractor The Contractor will also grant the Monitor upon his request and demonstration

of a valid interest unrestricted and unconditional access to his project documentation The

same is applicable to Subcontractors The Monitor is under contractual obligation to treat

the information and documents of the Bidder(s)Contractor(s)Subcontractor(s) with

confidentiality

Notwithstanding anything contained in this Section the Bidder(s)Contractor(s) shall have

no obligation whatsoever to provide any internal costing mechanisms or any internal

financial or commercial data pursuant to any audit or review conducted by or on behalf of

the Principal Further the Bidder(s)Contractor(s) shall not be required to provide any data

relating to its other customers or any personnel or employee related date

4 The Principal will provide to the Monitor 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 Principal and the Contractor The parties offer to the

Monitor the option to participate in such meetings

5 As soon as the Monitor notices or believes to notice a violation of this agreement he

will so inform the Management of the Principal and request the Management to

discontinue or take corrective action or to take other relevant action The monitor can in

this regard submit non-binding recommendations Beyond this the Monitor has no right to

demand from the parties that they act in a specific manner refrain from action or tolerate

action

42 Signature of the Contractor

6 The Monitor will submit a written report to the Chairperson of the Board of the Principal

within 8 to 10 weeks from the date of reference or intimation to him by the lsquoPrincipalrsquo and

should the occasion arise submit proposals for correcting problematic situations

7 If the Monitor has reported to the CMD of the BSNL a substantiated suspicion of an

offence under relevant Anti-Corruption Laws of India and the BSNL has not within

reasonable time taken visible action to proceed against such offence or reported it to the

Corporate Vigilance Office the Monitor may also transmit this information directly to the

Central Vigilance Commissioner Government of India

8 The word lsquoMonitorrsquo would include both singular and plural

Section 9 ndash Pact Duration

This Pact begins when both parties have legally signed it It expires for the Contractor 12

months after the last payment under the contract and for all other Bidders 6 months after

the contract has been awarded

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 dischargeddetermined by

CMD BSNL

Section 10 ndash Other provisions

1 This agreement is subject to Indian Law Place of performance and jurisdiction is the

Registered Office of the Principal ie New Delhi The arbitration clause provided in the

tender document contract shall not be applicable for any issue dispute arising under

Integrity Pact

2 Changes and supplements as well as termination notice need to be made in writing

3 If the Contractor is a partnership or a consortium this agreement must be signed by all

partners or consortium members

4 Should one or several provisions of this agreement turn out to be invalid the remainder

of this agreement remains valid In this case the parties will strive to come to an agreement

to their original intensions

------------------------------------ ----------------------------------

For the Principal For the BidderContractor

Placehelliphelliphelliphelliphelliphelliphelliphellip Witness 1 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphellip Witness 2 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

43 Signature of the Contractor

Anexx-VIII

AGREEMENT

This agreement made on thishelliphelliphellip day of helliphelliphellip Yearhelliphelliphelliphellip Between hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphellipHerein after called ldquo The contractorrdquo (which expression shall unless excluded by or

repugnant to the context include its successors heir executors administrative representative and

assignee) of the one part amp the BSNL (GMTD Mehsana) herein after referred to as the BSNL of

other part Tender No MMTenderMehsana2016-1706 Dated 26102016

Where as the contractor has offered to enter with the said BSNL for the contract for repairing of

EPBT amp CLIP Plan instruments amp Buttons Key in Mehsana SSA Mehsana Telecom District on

the terms and conditions herein contained and the rates approved by the BSNL (copy of rates

annexed) have been dully accepted and whereas the necessary security deposit have been furnished

in accordance with the provision of the tender documents and whereas no interest will be claimed

on the security deposit Now these presents witness and it is hereby agreed and declared by and

between the partiesrsquo presents as follows

(1) The contractor shall during the period of this contract that is to say fromhelliphelliphelliphelliphellipTo

helliphelliphelliphellip or completion of work whichever is earlier or until this contract shall be

determined by such notice as is herein after mentioned safely carried out by means of

Labours employed at his own expense and by means of tools implements of equipments

etc to be supplied by him to his Labours at his own expense all work of repairing of

EPBT amp CLIP instruments as described in tender documents (annexed to the agreement)

when the BSNL or any other person authorized by GMTD Mehsana in that behalf require it

is under stood by the contractor that the quantity of work mentioned in the schedule is

likely to change as per actual requirement as demanded by exigencies of service

(2) The Notice Inviting Tender Bid documents (qualifying and financial) letter of intent

approved rates annexed here to and such other additional particulars instructions

drawings work orders as may be found requisite to be given during execution of work

shall be deemed and taken to be an integral part of the contract and shall be deemed to be

included in the expression ldquoThe agreement) or ldquoThe Contractrdquo wherever herein used

(3) The contractor also supplies the requisite number of workmen with means and materials as

well as tools appliances vehicles for transportation cartage etc required for the proper

execution of work within the prescribed in the work orders

(4) The contractor hereby declares that no body connected with or in the employment of the

BSNL is notshall not ever be admitted as partner in the contract

(5) The contractor shall abide by the terms and conditions rules guide lines constructions

particulars safety precautions etc stipulated in the tender documents including any

correspondence between the contractor and the BSNL having bearing on execution of work

and payments of work to be done under the contract

In witness whereof the partiesrsquo presents have here in to set their representative hands and

seals the day and year in

Signed sealed amp Delivered by

The above named contractor in the presence of

Above written

Witness

(1)

(2) Signed and delivered on behalf of BSNL

Witness

(1)

(2)

44 Signature of the Contractor

ANNEXURE-IX - UNDERTAKING

This deed of undertaking executed on this helliphelliphellip day ofhelliphelliphelliptwo thousand andhelliphellip

by (name of sole proprietorpartnerdirectorauthorized representative the firm

company trust society etc)helliphelliphelliphelliphelliphelliphelliphelliphelliphellipSO helliphelliphelliphelliphelliphelliphelliphellip

residing athelliphelliphelliphelliphelliphelliphelliphelliphelliphellipOn behalf of said helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of the firm company Trust Society etc) having its office athelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

and dully authorized to sign file and verify present undertaking by the said hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of Firm company Society etc) in favour of Bharat Sanchar Nigam Ltd a

Government Of India undertaking having its registered office at Statesman

HouseB-148 Barkhamba Road New Delhi and local office at Administrative

Building Sanchar Bhawan BSNL Pilaji Ganj Mehsana-1 here in after called

BSNL (which terms shall mean and include its successors administrators heirs and

assigns Where as MS BSNL invited bids for repairing of EPBT amp CLIP instruments in Mehsana SSA

IWe participated in the bidding process and emerged as successful bidder with respect to tender No

MMTenderMehsana2016-1706 Dated 26102016

IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Acknowledge that IWe have fully under

stood and aware of the terms amp conditions of the Tendercontract and do hereby unequivocally and

unconditionally undertake and declare that

(1) IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip shall comply with all

the rulesRegulationsLawsGovernment instructionsstatus etc that are

applicable will be made applicable and or are aimed to protect the interest of

the workersemployees engaged by meus in the past and during the course of

performance of the contract with BSNL

(2) IWe shall fully protect indemnity and hold harmless BSNL and its employees

officers Directors agents judgments damages fines penalties and costs

(including legal costs and disbursements) arising from or relating to

Any breach violation of any direction order from any governmental

authority any provisions of the labour laws or any other laws status or

regulations that are or will be aimed to protect the interest of the

workersLabours engaged by the contractors in past and during the

course of this contract

OR

Any other payments claims or liability that may arise for ensuring

compliance of the provisions of any of the labour laws or any other laws

etc OR

Any other claim made by any third party in connection with any violation

of any laws guide lines instructions etc

In witness whereof this undertaking has caused on thehelliphelliphelliphelliphelliphellip

DayhelliphelliphelliphelliphellipMonth ofhelliphelliphellip Year

Date

Place

Signature

Name

Designation

Witness 1 2helliphelliphellip

45 Signature of the Contractor

ANNEXURE-X

E-Tendering Instructions to Bidders

These Special Instructions (for e-Tendering) supplement lsquoGeneral instructions to Biddersrsquo as enclosed in Section IV of this E-Tender Document Wherever there is a conflict the provisions herein shall prevail over those in other pages of this document

Submission of Bids only through online process is mandatory for this Tender

For conducting electronic tendering BSNL Mehsana is using the portal

(httpeprocurementsynisecombsnl1gujarat) of Ms Synise Technologies ltd Pune A - Submission of tender

1 The bidding process will be accepted only through e-tendering platform 2 Availability of e-tendering document e-tender document can be obtained by

downloading it from the website httpeprocurementsynisecombsnl1gujarat the

physical copy of the Tender document would not be available for sale

3 The Tender document shall not be available for download on its submissionclosing date B - General 1 Tender Bidding Methodology

Sealed Bid System ndashldquoSingle Stage using two envelopsrdquo

In this case of two envelope system Financial amp Techno-commercial bids shall be

submitted by the bidder at the same time

2 Broad outline of activities from Bidders prospective

1 Procure a Digital Signing Certificate (DSC)

2 Register on Electronic Tendering System (RETS)

3 Create Users and assign roles on ETS

4 View Notice Inviting Tender (NIT) on ETS

5 Download Official Copy of Tender Documents from ETS

6 Clarification to Tender Documents on ET Query to BSNL (Optional)

View response to queries posted by BSNL as addenda

7 Bid-Submission on ETS

8 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Techno-commercial Part

9 View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond to BSNLrsquos Post-TOE queries

10 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Financial-Part (Only for Technical Responsive Bidders)

For participating in this tender online the following instructions need to be read

carefully These instructions are supplemented with more detailed guidelines on

the relevant screens of the ETS

3 Digital Certificates

For integrity of data and its authenticity non-repudiation of electronic records and be compliant with IT Act 2000 it is necessary for each user to have a Digital Certificate (DC) also referred to as Digital Signature Certificate (DSC) of Class 2 or above issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer httpwwwccagovin]

4 Registration

To use the Electronic Tenderreg portal ( httpeprocurementsynisecombsnl1gujarat) vendor needs to register on the

46 Signature of the Contractor

portal Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e-tendering activities In ETS terminology this person will be referred to as the Super User (SU) of that organization For f u r ther details

p lease v is i t the websiteportal and follow further instructions as given on the site You may also contact tender wizard Helpdesk (as given below) to get your registration acceptedactivated Tender wizard Helpdesk

Telephone 020-30277517 020-30277522020-30277516

[between 1000 hrs to 1800 hrs on working days]

Mobile Nos Mr Hiren Pandar 7774013247 7774013248

E-mail ID helpdesksynisecom [Please mark CC

hirenpsynisecom]

BSNL Contact-1

BSNLrsquos Contact Person AGM MM Mehsana

Telephone Mobile (02762-220855222900)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID agmmmmehbsnlin

BSNL Contact-2

BSNLrsquos Contact Person SDE MM-Mehsana

Telephone Mobile (02762-221855)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID mehsdemm2bsnlin 5 Bid related Information for this Tender (Sealed Bid)

The entire bid-submission would be

online on ETS Broad outline of

submissions are as follows

Submission of digitally signed copy of Tender DocumentsAddendumaddenda

Two Envelopes

Techno-commercial -Part

Financial-Part

Note -

i) If some document is not applicable for the bidder then he has to upload

scanned copy of paper mentioning ldquoThe document ltNamegt called vide

clause helliphelliphelliphelliphelliphelliphellip is not applicable on usrdquo

ii) If document asked for contains more than one page then all those pages may be uploaded in one PDF format file

iii) Please take care to scan documents such that the total size of

documents to be uploaded remains minimum However it shall be sole

responsibility of bidder that the uploaded documents remain eligible

6 Offline Submissions

The bidder is requested to submit the following documents offline to AGM (MM) 2nd Floor Sanchar Bhawan Pilaji Ganj Mehsana-384001 on or before the date amp

time of submission of bids specified in covering letter of this tender

47 Signature of the Contractor

document in a Sealed Envelope The envelope shall bear (name of the tender) the tender number and the words lsquoDO NOT OPEN BEFORErsquo (due date amp time)

1 EMD-Bid Security in Original

2 DD Bankers cheque against payment of tender fee

3 Power of attorney (if applicable) Note The bidder has to upload the Scanned copy of all above said documents during

online Bid submission also

7 Special Note on Security of Bids

Security related functionality has been rigorously implemented in ETS in a multi-dimensional manner Starting with Acceptance of Registration by the Service Provider provision for security has been made at various stages in Electronic Tenderrsquos software Security related aspects as regard Bid Submission are outlined below

As part of the Electronic Encryptertrade functionality the contents of both the lsquoElectronic Formsrsquo and the lsquoMain-Bidrsquo are securely encrypted using a Pass-Phrase created by the Bidder himself Unlike a lsquopasswordrsquo a Pass-Phrase can be a multi-word sentence with spaces between words (eg I love this World) A Pass-Phrase is easier to remember and more difficult to break It is recommended that a separate Pass-Phrase be created for each Bid-Part This method of bid- encryption does not have the security and data-integrity related vulnerabilities which are inherent in E-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid- encryption Bid-encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE) even if there is connivance between the concerned tender- opening officers of the Buyer organization and the personnel of e-tendering service provider

Typically lsquoPass-Phrasersquo of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself when demanded by the concerned Tender Opening Officers who will open the bid Else Tender Opening Officer may authorize the bidder to open his bid himself There is an additional protection with SSL Encryption during transit from the client-end computer of a Supplier organization to the e-tendering server portal

8 Public Online Tender Opening Event (TOE)

ETS offers a unique facility for lsquoPublic Online Tender Opening Event (TOE)rsquo Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices For this purpose representatives of bidders (ie Supplier organization) dully authorized are requested to carry a Laptop and Wireless Connectivity to Internet Every legal requirement for a transparent and secure lsquoPublic Online Tender Opening Event (TOE)rsquo has been implemented on ETS As soon as a Bid is decrypted with the corresponding lsquoPass-Phrasersquo as submitted online by the bidder himself (during the TOE itself) salient points of the Bids are simultaneously made available for downloading by all participating bidders The work of taking notes during a manual lsquoTender Opening Eventrsquo is therefore replaced with this superior and convenient form of lsquoPublic Online Tender Opening Event (TOE)rsquo ETS has a unique facility of lsquoOnline Comparison Chartrsquo which is dynamically updated as each online bid is opened The format of the chart is based on inputs provided by the Buyer for each Tender The information in the Comparison Chart is based on the data submitted by the Bidders in electronic forms A detailed Technical and or Financial Comparison Chart enhances Transparency Detailed instructions are given on relevant screens

48 Signature of the Contractor

ETS has a unique facility of a detailed report titled lsquoMinutes of Online Tender Opening Event (TOE)rsquo covering all important activities of lsquoOnline Tender Opening Event (TOE)rsquo This is available to all participating bidders for lsquoViewing Downloadingrsquo

There are many more facilities and features on ETS For a particular tender the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer

NOTE In case of internet related problem at a bidderrsquos end especially during lsquocritical

eventsrsquo such as ndash a short period before bid-submission deadline during online

public tender opening event etc it is the bidderrsquos responsibility to have backup

internet connections In case there is a problem at the e- procurement

service-providerrsquos end (in the server leased line etc) due to which all the

bidders face a problem during critical events and this is brought to the notice

of BSNL by the bidders in time then BSNL will promptly re-schedule the

affected event(s)

9 Other Instructions

For further instructions the vendor should visit the home-page of the portal

( httpeprocurementsynisecombsnl1gujarat) and go to the User-Guidance Center The help information provided through lsquoETS User-Guidance Centerrsquo is available in three categories ndash

Users intending to Register First-Time Users Logged-in users of Buyer organizations and Logged-in users of Supplier organizations Various links are provided under each of the three categories Note It is strongly recommended that all authorized users of Supplier

organizations should thoroughly peruse the information provided under the

relevant links and take appropriate action This will prevent hiccups and minimize

teething problems during the use of ETS

The following lsquoFOUR KEY INSTRUCTIONS for BIDDERSrsquo must be assiduously adhered to

1 Obtain individual Digital Signing Certificate (DSC or DC) well in advance of

your first tender submission deadline on ETS

2 Register your organization on ETS well in advance of your first tender submission deadline on ETS

3 Get your organizationrsquos concerned executives trained on ETS well in advance of your first tender submission deadline on ETS

4 Submit your bids well in advance of tender submission deadline on ETS as

there could be last minute problems due to internet timeout breakdown etc

While the first three instructions mentioned above are especially relevant to first-time users of ETS the fourth instruction is relevant at all times

10 Minimum Requirements at Bidders end

Computer System with good configuration (Min P IV 1 GB RAM Windows XP)

Broadband connectivity

Microsoft Internet Explorer 60 or above

Digital Certificate(s) for users

49 Signature of the Contractor

ANNEXURE-III

RATE SHEET

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Rate should be quoted in below Rate Sheet

Sr

No

Rates Quoted By Bidder With Respect to SOR (Schedule Of Rate)

Particulars In Figure In Words

1 Above Of SOR

2 Below Of SOR

3 AT PAR

[At Same Rates of SOR]

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

Signature of the Bidder with Seal

Note

1 All faulty instruments are to be repaired except fully broken or fully burnt due to

electric hazards

2 The work may be offered to more than one contractor if required

Signature of the Tenderer with seal

Full Name _____________________

Full Address________________________

  • TABLE OF CONTENTS
    • CERTIFICATE REGARDING NEAR RLATIVES
      • LETTEROF AUTHORISATION FOR ATTENDING BID OPENING
      • Signed sealed amp Delivered by
      • Above written
        • ANNEXURE-IX - UNDERTAKING

18 Signature of the Contractor

21 OPTIONAL TERMINATION BY COMPANY (OTHER THAN DUE DEFAULT OF

CONTRACTOR)

211 The Company may at any time at its option cancel and terminate this contract by

written notice to the contractor in which event the contractor shall be entitled for payment

for the work done upto the time of such cancellation

212 In the event of the termination of the contract the contractor shall forthwith hand over

possession of the EPBT amp CLIP Concerned to the company or as the company may direct

213 The Company may at its option cancel or omit the execution of one or more items

of work under this contract and any part of such item(s) without any compensation

whatsoever to the contractor

22 TAXES AND DUTIES

Contractor shall pay all rates levies fees royalties taxes and duties except service tax

payable or arising from out of by virtue of or in connection withor incidental to the

contract or any of the parties in terms of the contract documents andor in respect of the

works or operation(s) or any part thereof to be performed by the contractor and the

contractor shall indemnify and keep indemnified the company from and against the same

or any default by the contractor in the payment thereof other taxes imposed by the

Government will be borne by the contractors Service tax will be paid by BSNL provided

that service tax particulars supplied amp claimed in bills

23 BREACH OF CONTRACT

The Designated officialnominated representative may without prejudice to his right

against the contractor in respect of any delay or inferior workmanship or otherwise or to

any claims of damage in respect of any breaches of the contract and without prejudice to

any rights or remedies under any of the provisions of this contract or otherwise and

whether the date for completion has or has not elapsed by notice in writing absolutely

determine the contract in any of the following cases -

(i) If the contractor having been given by the designated official nominated

representative a notice in writing to rectify reconstruct or replace any defective work or

that the work is being performed in any inefficient or otherwise improper or un work

manlike manner shall omit to comply with the requirements of such notice for a period of

fifteen days thereafter or if the contractor shall delay or suspend the execution of the work

so that either in the judgment of the Designated official (which shall be final and binding)

he will be unable to secure completion of the work by the date for completion or he has

already failed to complete the work by that date

(ii) If the contractor being a company shall pass a resolution or the court shall make an

order that the company shall be wound up or if a receiver or a manager on behalf of a

creditor shall be appointed or if circumstances shall arise which entitle the court or creditor

to appoint a receiver or a manager or which entitle the court to make a winding up order

(iii) If the contractor commits breach of any of the terms and conditions of this contract

(iv) If the contractor commits any acts mentioned in clause thereof

24 When the contractor has made himself liable for action under any of the aforesaid

19 Signature of the Contractor

clauses the Designated official on behalf of the company shall have powers -

(a) To determine or rescind or terminate the contract as aforesaid (of which termination

or rescission notice in writing to the contractor under the hand of the Designated

officialnominated representative shall be conclusive evidence) Upon such determination

or rescission the Security deposit of the contractor shall be liable to be forfeited and shall

be absolutely at the disposal of Company Notice for period of 15days will be received

from the date of issue of notice

(b) To employ other agency paid by the company and to supply materials to carry out the

works or part of the work debiting the contractor with the cost of the work and the price of

the materials (of the amount of which cost and price certified by the Designated official

shall be final and conclusive against the contractor) and crediting him with the value of the

work done in all respects in the same manner and the rates as if it had been carried out by

the contractor under the terms of the contract The certificate of the GMTD-MEHSANA as

to the value of the work done shall be final and conclusive against the contractor provided

always that action under the sub-clause shall only be taken after giving notice in writing to

the contractor Provided also that if the expenses incurred by the company are less than the

amount payable to the contractor at his agreement rates the difference should not be paid

to the contractor

(c) After giving notice to the contractor to measure up the work of the contractor and to

take such part thereof as shall be unexecuted out of his hands and to give it to another

contractor to complete in which case any expenses which may be incurred in excess of the

sum which would have been paid to the original contractor if the whole work has been

executed by him (of the amount of which excess the certificate in writing of the Designated

official shall be final and conclusive) shall be borne and paid by the original contractor and

may be deducted from any money due to him by company under this con tract or on any

other account whatsoever or from his security deposit or the proceeds of sales thereof or a

sufficient part thereof as the case may be

25 In the event of any one or more of the above courses being adopted by Designated

official the contractor shall have no claim to compensation for any loss sustained by him

by reason of his having purely leased or procured any materials or equipment or entered

into any agreement or made any advances account or with a view to the execution or the

work or the performance of the contract and in case action is taken under any of the

provisions aforesaid the contractor shall not be entitled to recover or be paid any sum for

any work thereto or actually performed under this contract unless and until Designated

official has certified in writing the performance of such work and the value payable in

respect thereof and he shall only be entitled to be paid the value so certified

26 In any case in which any of the powers conferred upon the Designated official by

clause 24 thereof shall have become exercisable and the same shall not be exercised the

non exercise thereof shall not constitute a waiver of any of the conditions hereof and such

powers shall notwithstanding be exercisable in the event of any future case of default by

the contractor and the liability of the contractor for compensation shall remain unaffected

In the event of the Designated official putting in force all or any of the powers vested in

him under the proceeding clause he may if he so desires after giving a notice in writing to

the contractor take possession of (or at the sole discretion of the Designated official which

shall be final) use as on hire (the amount of the hire money being also in the final

determination of the Designated official) all or any tools materials and stores in or upon

the works or the materials belonging to the contractor or procured by the contractor and

20 Signature of the Contractor

intended to be used for the execution of the contract or any part thereof paying or

allowing for the same amount at the contract rates or in the case of these not being

applicable at current market rates to be certified by the Designated official whose

certificate thereof shall be final otherwise the Designated official by notice in writing may

order the contractor or his clerk of the works foremen or other authorized agent to remove

such tools plants materials stores from the premises (within and time to be specified to

comply with any such requisition the Designated official may remove them all at

contractors expense or sell them by auction or private sale on account of the contractor and

it his risk in all respects and the certificate of the Designated official as to the expense of

any such removal and the amount of the proceeds and expenses of any such sale shall be

final and conclusive against the contractor

27 If the contractor shall desire an extension of time for completion of the work on the

grounds of his having been unavoidably hindered in its execution or on any other ground

he shall apply in writing to the Designated official within seven days of the date of

hindrance on account of which he desired such extension as aforesaid and the Designated

official shall if in his opinion (which shall be final) reasonable grounds be shown

therefore authorize such extension of time if any as may in his opinion be necessary or

proper

28 If at any time after the commencement of the work the company for any reason

whatsoever not require the whole thereof as specified in the tender to be carried out the

Designated official shall give notice in writing of the fact to the contractor who shall have

no claim to any payment of compensation whatsoever on account of any profit or

advantage which he might have derived from the execution of the work in full but which

he did not derive in consequence of the full amount of the work not having been carried

out neither shall he have any claim for compensation by reason of any alterations having

been made in the original specifications drawings designs and instructions which shall

involve any curtailment of the work as originally contemplated

29 INSPECTION

All work under or in course of execution or executed in pursuance of the contract shall at

all times be open to the inspection and supervision of the Designated official and his

authorized subordinates and the contractor shall at all times during the usual working hours

and at all other times at which reasonable notice of the intention of the Designated official

or his subordinate visit the works shall have been given to the contractor either himself be

present to receive order and instructions or have a responsible agent duly a credited in

writing present for that purpose Orders given to the contractors agent shall be considered

to have the same force as if they had been given to the contractor himself

30 WORKMENS COMPENSATION

In every case in which by virtue of the provisions of section 12 sub-section

(i) of the workmenrsquos compensation Act 1923 Company is obliged to pay compensation to

a workman employed by the contractor in execution of the works Company will recover

from the contractor the amount of the compensation so paid and without prejudice to the

rights of the Company under section 12 Sub section

(ii) of the said Act Company shall be at liberty to recover such amount or any part thereof

by deducting it from the security deposit or from any sum due by the company to the

contractor whether under this contract or otherwise Company shall not be bound to contest

21 Signature of the Contractor

any claim made against it under section-12 subsection (i) of the said Act except on the

written request of the contractor and upon his giving to company full security for all costs

for which Company might become liable in consequence of contesting such claim

31 LABOUR WELFARE

311 In every case in which by virtue of the provisions of the contract Labour (Regulation

and Abolition) Act 1970 and of the contract labour (Regulation and abolition) Central

Rules 1971 Company is liable to pay any amounts of wages to a workman employed by

the contractor in execution of the works or to incur any expenditure in providing welfare

and health amenities required to be provided under the above said Act and the Rules under

clause 19 to 19 J and 20 of PWD-8 or under the CPWD Contractors Labour

Regulations or under the Rules framed by Government from time to time for the

protection of health and sanitary arrangements for workers employed by CPWD

contractors company will recover from the contractor the amount of wages so paid or the

amount of expenditure so incurred and without prejudice to the right of the Government

under section 20 sub-section (ii) and section 21 sub-section (4) of the contractor Labour

(Regulation and Abolition) Act 1970 company shall be at liberty to recover such amount or

any part thereof by deducting it from the security deposit or from any sum due by the

company to the contractor whether under this agreement or otherwise company shall not

be bound to contest any claim made against it under section 20 except on the written

request of the contractor and upon his giving to the company full security for all costs for

which Government might become liable in contesting such claim

312 The contractor shall obtain a valid licence (If required depending upon the number of

persons engaged and the nature of the work intended) under the contract Labour (RampA)

Act 1970 and the contract labour (R amp A) Central Rules 1971 before the commencement

of the work and continue to have a valid license until the completion of the work

313 Any failure to fulfill this requirement shall attract the penal provisions of this

contract arising out of the resultant non-execution of the work

314 No person below the age of (18) eighteen years shall be employed on the work

32 FAIR WAGES

(a) The contractor shall pay to persons employed by him either directly or through sub-

contractor wages not less than fair wages as defined in the CPWD Contractors Labour

(Regulations and Abolition) Act 1970 and the contract labour (Regulation and Abolition)

Central Rules 1971 wherever applicable

(b) The contractor shall notwithstanding the previsions of any contract to the contrary

cause to be paid fair wages to persons indirectly engaged on the work including any

labour engaged by his sub contractor in connection with the said work as if the labour had

been immediately employed by him

(c) The General Manager Telecom District MEHSANA or his subordinate officer

concerned shall have the right to deduct from the money due to the contractor any sum

required or estimated to be required for making good the loss suffered by a worker or

workers by reasons of non-fulfillment of the conditions of the contract for the benefit of

the workers non payment of wages or of deduction made from his or their wages are not

justified by their terms of the contract or non-observance of the Regulations

22 Signature of the Contractor

(d) The contractor shall comply with the provisions of the payment of wages Act 1936

Minimum wages Act 1948 Employees Liability Act 1938 Workmenrsquos compensation Act

1923 Industrial Disputes Act 1947 Maternity Benefits Act 1961 and the contractorrsquos

Labour (regulation and abolition) Act 1970 or the modifications there of or any other laws

relating thereto and the rules made there under from time to time

(e) The contractor shall indemnify Government against payments to be made under and

for the observance of the laws aforesaid without prejudice to his right to claim indemnity

from his sub-contractors

(f) The regulations aforesaid shall be deemed to be a part of this contract and any breach

thereof shall be deemed to be a breach of this contract

33 OTHER LABOUR WELFARE MEASURES

The contractor shall comply with all the provision of the Minimum wages Act 1948

Contractor Labour (R amp A) Act 1970 and rules framed and other labour laws affecting

contract labour that may be brought into force from time to time

34 The contract shall not assign or sublet without the written approval of the GMTD

MEHSANA or his nominated representative and if the contractor shall assign or sublet his

contract or attempt so to do or become insolvent or commence any insolvency proceeding

or make any composition with his creditors or attempt so to do or if any bribe gratuity

gift loan perquisite reward or advantage pecuniary or otherwise shall either directly or

indirectly be given promised or offered by the contractor or any of his servants or agent to

any public officer or person in the employ of Government in any way relating of his office

or employment or if any such officer or person shall become in any way directly or

indirectly interested in the contract the Designated official on behalf of the President of

India shall have power to adopt any of the coursed specified in clause 24 as he may deem

best suited in the interest of Government and in the event of any of these course being

adopted the consequences specified in the said clause 24

35 All sums payable by way of compensation under any of these conditions shall be

considered as reasonable compensation to be applied to the use of Government without

reference to the actual loss or damage sustained and whether or not any damage shall have

been sustained

36 PARTNERSHIP FIRMS

Where the contractor is a partnership firm the previous approval in writing of the

Designated officialnominated representative shall be obtained before any change is made

in the constitution of the firm Where the contractor is an individual or a Hindu undivided

family business concern such approval as aforesaid shall like wise be obtained before the

contractor enters into any partnership agreement where under the partnership firm would

have the right to carry out the work hereby undertaken by the contractor If previous

approval as aforesaid is not obtained the contract shall be deemed to have been assigned in

contravention of Clause hereof and the same action may be taken and the same

consequence shall ensure as provided in the said clause

37 All works to be executed under the contact shall be executed under the direction and

subject to the approval in all respected of the Designated official who shall be entitled to

direct at what point or points and in what manner they are to be commenced and from time

to time carried on

23 Signature of the Contractor

38 Whenever any claim against the contractor for the payment of a sum or money arises

out of or under the contract Government shall be entitled to recover such sum by

appropriating in part or whole the security deposit of the contractor and to sell any

Government Promissory Notes etc forming the whole or part of such security In the event

of the security being insufficient or if no security has been taken from the contractor then

the balance or the total sum recoverable as the case may be shall be deducted from any

sum then due or which at any time thereafter may become due to the contractor under this

or any other contract with Government Should this sum be not sufficient to cover the full

amount recoverable the contract shall pay to Government on demand the balance

remaining dues

39 AUDITS AND TECHNICAL EXAMINATION

391 Company shall have the right to cause an audit and technical examination of the

works and the final bills of the contractor including all supporting vouchers abstract etc to

be made after payment of the final bill and if as a result of such audit and technical

examination any sum is found to have been overpaid in respect of any work done by the

contractor under the contract or any work claimed by him to have been done by him under

the contract and found to have amount of over payment and it shall be liable to refund the

amount of over payment and it shall be lawful for Company to recover the same from him

in the manner prescribed or in any other manner legally permissible and if it is found that

the contractor was paid less than what was due to him under the contract in respect of any

work executed by him under it the amount of such under payment shall be duly paid by

Company to the contractor

392 Any sum of money due and payable to the contractor (including Security Deposit

returnable to him) under this contract may be appropriated by the Company and set off

against any claim of the Company for the payment of a sum or money arising out of or

under any other contract made by the contractor with the Company

40 Contractor shall not enter into agreement with any other unit on approved tender of

GMTD MEHSANA without prior approval of the General Manager Telecom District

MEHSANA

41 Without prejudice to any of the rights or remedies under this contract if the contractor

dies the GMTD MEHSANA on behalf of the company shall have the option of

terminating the contract without compensation to the contractor

42 No Engineer of gazetted rank or other gazetted officer employed in Engineering or

administrative duties in an Engineering Department of the Government of India is allowed

to work as contractor for a period of two years of his retirement from Government service

without the prior permission of Government of India This contract is liable to be canceled

if either person who had not obtained the permission of Government of India as aforesaid

before submission of the tender or engagement in the contractors service as the case may

be

43 COMPENSATION FOR DELAY The time allowed for carrying out the work as

mentioned shall be strictly observed by the contractor and shall be deemed to be of the

essence of the contract on the part of the contractor However for special jobs if the

contractor has submitted a time schedule and the same has been accepted by the designated

officialnominated representative of the company the contractor shall comply with the

said time schedule

24 Signature of the Contractor

44 TIME LIMIT amp LIQUIDATED DAMAGE CHARGES

441 It will be at the discretion of the GMTD MEHSANA to revise or modify or extend

the time limits specified for the total work awarded to the contractor or to further specify

the quantum of work to be completed within a specified period provided a written request

has been received from the contractor explaining the reasons for which such extension of

time is asked for and the GMTD MEHSANA in the particular case is convinced and

satisfied that such extension or revision or modification is in the interest of the

Government In such cases payment of liquidated damage as compensation for delay

becomes liable based on such revised or modified or extended time limits and the

conditions under which such extension or modification or revision has been made

Liquidated damage will be charged as per Special Condition clause No2 amp 3 read as

under

1 Delay in collection - Rs5- per instrument per week or part there of for entire lot of

unserviceable instruments collected delayed subject to a maximum Rs20- per instrument

in case timely collection is not done as per 2(b) of special conditions

2 Delay in delivery- Rs2- per week or part there of on the entire lot of instruments

delivered delayed in case of delivery not made timely as per Para 3 of Special conditions

442 The contractor shall have to complete the contractual work within stipulated period

and it is very clearly understood between the parties that the time is made the essence of

contract

45 The Company assumes no responsibility whatever for any oral understandings or

representations made by any its officers or agents or servants prior to the execution of the

contract and all previous negotiations and understandings are hereby canceled

46 STORERSMATERIAL SUPPLIED BY THE GOVERNMENT

All materials supplied to the contractor by the company shall remain the absolute

property of Company and shall not be removed from site of the work except for use in the

work and shall be at all times open to inspection by Designated official

47 In the event of the contractor being adjudged insolvent or going voluntarily into

liquidation or having received order or other order under insolvency Act made against him

or in the case of a company of the passing of any resolution or making of any order for

winding up weather voluntarily or otherwise or in the event of the contractor failing to

comply with any of the conditions herein specified the GMTDMEHSANA shall have

the power to terminate the contract without previous notice

48 ACCEPTANCES AND MEASUREMENT

481 It is important that the work carried out by contractor is approved by the designated

official nominated representative of the company

482 The designated official nominated representative of the Govt and the contractor or

his authorized representative will certify under their signature at the appropriate places that

the work carried out is as per the specification

49 PRICE VARIATION

25 Signature of the Contractor

The Company shall not be responsible for any escalation in prices of labour or materials

machinery equipment etc whatsoever or any increase in any duties levies or taxes in

respect thereof whatsoever and the contractor rates and contractors obligations shall

remain unaffected by such escalation and or increases

50 FORCE MAJEURE

In the event of either party being rendered unable by force majeure to perform this

contract than the obligations of the party effected by such force majeure shall be

suspended for the whole period during which such cause lasts and until normal operation

are resumed and when such cause ends the execution of this contract must be resumed

with all responsible dispatch should the execution of this contract be suspended by force

majeure than a corresponding extension of the completion date shall be automatically

granted The occurrence of a cause of force majeure however shall not relieve the

company and its obligation to make payment to the contractor for the work satisfactorily

executed prior thereto The terms force majeure as employed herein shall mean act of God

war declared or undeclared hostilities enemy actions revolts riots legal lock outs and

eligible strikes tidal waves forest fires major floods explosions earth quakes epidemics

sabotage extra ordinary act and Regulation of central or state Government or Municipality

Bodies Upon the occurrence of such causes and its termination the parties rendered unable

as aforesaid shall notified the other party in writing within 72 hours of the beginning and

ending dates giving full particulars and evidences if required

51 PAYMENTS

The contractor shall prepare the bills claiming shown as labour cost and material cost

separately The contractor shall submit the bills within 30 days after completion of the

work duly certified by the designated officialnominated representative of company

GMTD MEHSANA has full right to disallow the payment of the bills received after 30

days of completion of work

52 The GMTD MEHSANA may however at his discretion allow the contractor to

submit fortnightly bills or at the end of each work

53Income tax at the rate in force at that time would be deducted from his payments of bills

as Tax deducted at source However if any new legislation comes into effect for

deduction of tax at source at any other rate deduction will be made at that rate

The GMTD MEHSANA will issue necessary Income tax deduction certificate or the

Accounts Officer detailing the amount so deducted As Tax Deducted at Source at the time

of payment or each bill

54 The Tenderer should submit all requisite documents including EPF related documents

as per clause in tender terms amp conditions and special conditions along with the bill if

applicable

55 PAYMENT PROCEDURE

551 The bills are to be submitted in TRIPLICATE and in the manner and form that may

be prescribed by the GMTD MEHSANA from time to time ldquoAccounts Payeerdquo cheque

for amount passed in the bill will be issued only after the contractor gives a stamped

receipt for the amount unless the bills are pre-receipt Only Accounts Payee Cheques

drawn on the branch of the state bank of India or other bank in which the GMTD or the

26 Signature of the Contractor

Accounts Officer may be having drawing assignment account will make payments The

payments will be made either by the Accounts Officer or by any other official who at any

period of time may be convenient to the company

552 Any liquidated damages due shall also be recoverable from the bills submitted for the

payment by the aforesaid officer

553 The security deposit with the GMTD Shall be considered for adjustment against

liquidated damages only at the time of final conclusion of the contract and final settlement

of account

554 The GMTD MEHSANA will have e the right to recover liquidated damages for

delay or slow progress of the works from the bills submitted for payment

555 The final settlement of the bills and refund adjustmentappropriation of any amount

detained from the running bill of the contractor shall be made fully after the GMTD is

satisfied that all the contractual obligation have been fully met and no amount remain due

for recovery from the contractor on any count Unless there are specific reasons all

accounts are expected to be settled within a period of six months from the date of

completion of the works in all respects

56 FINAL ACCEPTANCE

If any of the work is found to be unsatisfactory by the designated officialnominated

representative of the govt the contractor shall be intimated in writing of the corrections

repairing to be carried out The contractor shall be required to correct all defects that

remain evident at any time prior to final acceptance of the contractors works by the

GMTD MEHSANA The cost of all such repairs and corrections shall be borne by the

contractor Failure or neglect on the part of the GMTD MEHSANA or his representative

to confirm or reject inferior work notwithstanding final acceptance of the work or any part

thereof by the company THE GMTD MEHSANA Designated official or his

representative shall not be construed to imply the acceptance of such work The provision

of this clause shall not in any way affect or limit the contractors liability under the

undertaking and guarantee contained in the contract documents

57 DISPUTES AND ARBITRATION

All dispute arising between the contractor and GMTD MEHSANA out of this contract

shall be referred to the sole arbitration in the following manners -

a) In case parties are unable to reach a settlement by themselves the dispute should be

submitted for arbitration in accordance with contract agreement

b) There should not be a joint submission with the contractor to the sole arbitrator

c) Each party should submit its own claimed severely and may oppose the claim put

forward by the other party

d) The onus of establishing his claims will be left to the contractor

e) His claim will be firmly resisted by utilizing all the evidence available with the

company

27 Signature of the Contractor

f) Once a claim has been included in the submission by the contractor a retraction or

modification thereof will be opposed

g) The Point of Defense will be based on actual condition of the contract

h) The question whether these conditions are equitable shall not receive any consideration

in the preparation of Points of Defense

i) The arbitrator shall not entertain claims in the nature of ex-gratia payments as these

are not contractual

j) If the contractor including such claims in his submission the fact that they are not

contractual will be prominently placed before the arbitrator

k) In case the amount involved is heavy the sole arbitrator may be within his rights to

conduct the defense by the government pleader

The award of the sole arbitrator shall be final and binding on the parties to the dispute It

is further agreed that reference to the sole arbitration of officer appointed as arbitrator is

conditions precedent and none will be entitled to move the court without referring the

matter to sole arbitrator

58 Contractor should produce latest Income Tax CertificateSales Tax registration

certificate

59GMTD Mehsana reserves the rights to terminate RRC for breach of

conditionconditions of the agreement after giving a show cause notice of 14 days and after

examining reply if any filed by him pursuance to show cause notice

60 GMTD Mehsana reserves the rights to engaged one or more contractors for this work

61 Rates to be quoted in ANNEXURE ndash III Financial Bid in separate sealed cover and

declaration to be given in ANNEXURE-II-A amp ANNEXURE ndash II B duly signed by all

partnersdirectors of the companyfirm

28 Signature of the Contractor

SECTION ndash V

SPCECIAL CONDITIONS

Work Orders shall be issued by concerned SDE approved by DE

1 Scope of the work Repairing of faulty electronic CLIP push button telephone

instruments buttons key including plan instrument It shall cover all instruments

including those having PCB Display of CLI and burnt out due to their connections

to powers inadvertently but excluding PBT with bakelite portion broken

discolored

2 Collection of faulty instruments

A For lifting of faulty instruments the minimum lot size will be of 20 units

the SDEexchange in charge will intimate the quantity of faulty instruments

accumulated with him over telephone or by FAX to the contractor

B The contractor shall ensure the collection of the faulty instruments within

three working days of the date at giving work order or intimation over telephone or

by FAX on working days between 10 AM to 17 PM at his cost

C The contractor shall acknowledge the receipt of the faulty instruments made

over to him

3 Duration of repair

A The contractor shall repair the faulty instruments at his own work-shop and

return the same to SDEexchange in-charge concerned at his own cost within one

week of its collection (for calculating one week the day of collection and day of

handing over will be inclusive)

B After carrying out repairs of the faulty instruments the contractor shall

offer the instruments to SDEExchange in-charge or JTO nominated by him for

inspection and testing one day before the expiry of schedule delivery date The

decision of the inspecting officer as to accept the repaired instruments will be final

and binding on contractor

C The contractor shall pack each repaired instrument suitably in a

polythene bag after polishingbuffing while returning them to SDE

D The contractor shall paste stiker with date of repairing on back side of

each repaired instrument while returning them to SDE

E The repaired instruments shall be returned back to the same SDEExchange

in-charge unless specified otherwise from where these instruments were collected

for repairs

4 Warranty repair

The contractor will undertake quality repair which will ensure the normal

troubledefect free performance of the instruments for a period of 12 months from

the date of inspection and clearance In case the repaired instruments develops

any defect or any deficiency or fault ie it becomes faulty during the warranty

29 Signature of the Contractor

period the contractor shall rectify repair and remedy such defects deficiency in the

repaired instruments at his own cost and expenses

5 A Method of evaluation

Tenders will be evaluated with reference to the total cost worked out by

multiplying rates quoted by Tenderer with approximate number of EPBT amp

CLIP Instruments as shown in the price bid

B Reports

1 The contractor shall furnish a summary of fault found and namedetails of

the components replaced in the instruments repaired while offering them for

inspection

2 The contractor shall also furnish a quarterly analysis of faulty and repaired

batch wise as per Annexure-I

6 Quality of components

The contractor shall use good quality components for repairs of the instruments

The replaced parts should be purchased by the contractor from DOT approved

source s

7 Liquidated damage

1 Delay in collection Rs 5- per instruments per week or part thereof for

entire lot of unserviceable instruments collected delayed subject to a

maximum of Rs 20- per instruments In case timely collection is not don as

per Para 2(B) above

2 Delay in delivery Rs2 per instrument per week or part thereof on the

entire lot of instruments delivered delayed in case delivery not made timely

as per Para 3 above

8 Quantum of EMD and PSD

EMD as per NIT - to be paid either in cash or in form of DDBankerrsquos

ChequePay Order from NationalizedScheduled Bank in favour of Accounts

Officer (Cash) BSNL Oo GMTD ndash Mehsana payable at Mehsana

Performance Security Deposit 10 of estimated cost of tender payable either in cash or DD or in form of Bank guarantee

from Nationalized BankScheduled Bank for a period of 24 months which will be released or refunded after successful

completion of contract and no due pending against contractor 9 Extension of validity of RRC period Period of RRC will normally

be one year However GMTD Mehsana reserves the right to extend it for a further period of six months or one year or part

there of under the same rates and terms and conditions

Estimated cost for the second year or part there of shall be considered same as approved for first year or part

there of on pro-rata basis

30 Signature of the Contractor

10 Eligibility The bidder should have

Experience of repairing of CLIP or EPBT Instruments in DOTBSNLGovt

PSU Private SectorFirm for one year during last five years as per NIT

11 Documents to be submitted with Technical Bid (Qualifying Bid) to establish

their eligibility for bidding

111 Experience certificate (self attested copy) issued by not below the rank of DEAGM in

DOTBSNLGovtPSUPrivate SectorFirm as required under clause 10 above

112 Self attested Copy of registration of firm (not required for proprietorship)

113 For EPF particulars submit the EPF registration certificate if applicable

(If not applicable submit the clarification as to how not applicable and submit

undertaking on Non judicial stamp paper of Rs 50- regarding submission of it within

one month after the agreement with BSNL Mehsana) If the firms which are under

partnership deed Company Pvt Ltd shall have to submit EPF registration certificate

If not obtain they shall have to obtain the earliest and latest by the time of agreement

They shall have to submit necessary undertaking certificate for this in ANNEXURE-

VI

114 Self attested Copy of Registration particulars with Central Excise for Service Tax If

undertaking is given he shall have to submit within one month before agreement failing

which there will be no agreement (If Service tax is not applicable he shall have to

submit reasons as to how it is not applicable)

115 Partnership deed amp power of attorney who has signed the bid (self attested copy) if

applicable

116 Bio-data of Tenderer in ANNAXURE--IV

117 Declaration to be given in ANNEXURE-II A amp II B

12 Rates to be quoted in ANNEXURE-III In Financial Bid to be submitted separately

in sealed cover

13 GMTD Mehsana reserves the rights to terminate RRC for breach of condition

conditions of the agreement after giving a show cause notice of 14 days and after

examination reply if any filled by him pursuance to show cause notice

14 EPF contribution in respect of LabourEmployees employed by the contractor for

execution of works of BSNL if applicable The contractor will have to

fulfillcompliance of the provisions of EPF amp Misc provisions Act1952 amp Employees

provident fund scheme-1952 by the contractor in respect of LaboursEmployees

engaged by them for performing the work of BSNL while submitting the claim of bills

towards works executed by him if applicable he must accompany the

i List showing the details of LaboursEmployees engaged

ii Duration of their engagement

iii The amount of wages paid to such LaboursEmployees for the duration in question

iv Amount of EPF contribution (both employees amp employers contribution) for the

duration of engagement in question paid to the EPF authorities

31 Signature of the Contractor

v Copies of authenticated documents of payments of such contributions to

EPF authorities and a declaration for compliance of EPF Act 1952

15 The BSNL reserves the right to disqualify such bidders who have a record of not

meeting contractual obligation against earlier contracts entered into with the

BSNL MEHSANA

16 Multiple Vendor System -The BSNL Mehsana intends to limit the number

of technically amp commercially responsive bidders to (Maximum three) from

the list of such bidders arranged in increasing order of their evaluated rate

starting from the lowest for the purpose of award of work against this

tender The distribution of quantum of work among the bidders is as per

clause of Section ndash of tender document

ldquoHowever SSA Head Mehsana reserve the right for the award of contract amp

work of entire tendered quantity to the bidder with the lowest evaluated

ratesrdquo

17 NOTE-

Tender documents containing detailed description of work terms amp conditions can be

had from Asstt General Manager (MM) Oo GMTD Mehsana 2nd Floor Admn

Building Sanchar Bhawan Pilaji Ganj Mehsana-384001 between 10=00 hours to

17=00 hours from 26102016 to 17112016 on all working days

Asstt General Manager (MM) Oo GMTD Mehsana ndash 384001

32 Signature of the Contractor

SECTION ndashVI

1 Specification and Tentative Quantum of work for repairing of EPBT amp

CLIP (approximate)

Sr

No

Name of SDE Unit

[Concern Supervising

Authority]

Quantum of Works for Tender for repairing

of EPBT amp CLIP Instruments [In No]

CLIP Inst EPBT

Inst

Buttons

Key

Plan Inst

1 SDE P MEHSANA 750 900 3 5

2 SDE G MEHSANA 225 250 5 0

3 SDE G CHANASAMA 100 0 5 0

4 SDE G CHHATRAL 350 200 0 0

5 SDEP KADI 50 0 0 0

6 SDEG KADI 50 0 0 0

7 SDEP KALOL 750 450 7 0

8 SDEG KALOL 150 50 0 0

9 SDEP VIJAPUR 60 85 2 0

10 SDEG VIJAPUR 75 95 2 0

11 SDEG MNSGZR 50 80 3 0

12 SDEG KUKARWADA 50 75 2 0

13 SDEP VISNAGAR 350 200 5 0

14 SDEG VISNAGAR 150 75 4 0

15 SDEG VADNAGAR 100 25 4 0

16 SDEG SATLASANA 75 40 3 0

17 SDEG KHERALU 100 50 3 0

18 SDEP UNJHA 500 400 3 0

19 SDEG UNJHA 100 113 2 0

20 SDEP SIDHPUR 450 300 3 0

21 SDEG SIDHPUR 200 200 5 0

22 SDEP PATAN 350 150 5 0

23 SDEG PATAN 100 50 5 0

24 SDEG HRJSAMI 100 50 4 0

Total 5235 3838 75 5

33 Signature of the Contractor

SECTION ndashVII

STANDARD SCHEDULE OF RATE (SOR) FOR REPARING OF EPBT

AND CLIP INSTRUMENT IN MEHSANA TELECOM DISTRICT (MEHSANA SSA)

To

GMTD Mehsana

Sub - Our Financial Bid for repairing of EPBT amp CLIP Instruments in Mehsana SSA

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Sir

Having examined the tender documents terms amp conditions specification of work

stipulated there in IWe the undersigned offer our rates in percentage as under

Brief description of items for

Repairing under ARC

Approx Quantity to be

repaired under ARC

SOR Per Instrument

(a) (b) (c)

(1) Repairing of CLIP Telephones

instruments

5235 No Rs 55-

(2) Repairing of Electronics Push

Button Telephones (EPBT)

3838 No Rs 23-

(3) Repairing of Buttons Key

75 No Rs 26-

(3) Repairing of Plan Instruments

5 No Rs 39-

Note- The Quantity of Clip instrument ( 5500) may be consider which AMC will be expired as per given below -

(1) AMC of 1400 PTPL instrument may be expired on 23092016

(2) AMC of 3100 PTPL instrument may be expired on 21012017

(3) AMC of 1000 PTPL instrument may be expired on 25032017

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

34 Signature of the Contractor

ANNEXURE-I

Fault analysis report of instruments of quarter ending

No of faulty

instruments

with

contractor at

the

beginning of

the period

No of faulty instruments

received by contractor

during the quarter

No of faulty instruments

repaired and returned to

Depot officer

CF No of

faulty

instruments

with

contractor

In warranty Out of

warranty

In warranty Out of

warranty

1

2

Nature of Fault

Type No Of instruments

No

dial

tone

Dial

faulty

No

ring

Poor

speechdisturbance

Dead Display

Fault

No fault

foundMisc

In

warrant

Out of

warranty

Repairing carried out

Type Faults in

TransmitterReceiver Ringer Contract

foil

PCB

Fault

Disply No fault

foundMisc

In

warrant

Out of

warranty

35 Signature of the Contractor

ANNEXURE ndashII

DECLARATION

(TO BE SUBMITTED WITH TECHNICAL BID)

IWe hereby declare that IWe have carefully gone through the Terms amp Conditions of

Tender Notice Invited vide No MMTenderMehsana2016-1706 Dated 26102016 in

detail and agree to the rate submitted by MeUs in the rate sheet and IWe agree in full to

abide by them

1) Signature of the Party ___________________________________

Full Name ___________________________________

(In block letter) ___________________________________

2) Full address ___________________________________

___________________________________

___________________________________

___________________________________

Tele No (O)________________________________

(R)________________________________

3) Capacity in which the __________________________________

Tender is signed

Rubber stamp is required) __________________________________

__________________________________

Date Signature of the Tenderer with seal

36 Signature of the Contractor

ANNEXURE ndash IV

DECLARATION REGARDING EPF TO BE GIVEN ON NON-JUDICIAL STAMPS

PAPER OF RS 100-

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

I helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipProprietor of

Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip do here by declare

that I am the proprietor of my above firm I am carrying out the repairing of

EPBT amp CLIP my self I do not engage labour So EPF is not applicable to

me

However the decision of the competent authority shall be binding to me in

this regard

Name of the Bidder

Signature of the Bidder with Seal

37 Signature of the Contractor

ANNEXURE ndash V

Undertaking to be given for compliance of EPF Registration certificate

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

We the partners Directors of the firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Do here by undertake that if our tender is accepted we will submit the EPF Registration

certification at the earliest latest by one month after the agreement carried out with the

BSNL Mehsana for execution of works for repairing of EPBT amp CLIP Instruments in

Mehsana SSA failing which the decision of the competent authority will be binding on us

To be signed by all Partners directors

38 Signature of the Contractor

ANNEXURE ndash VI

LETTEROF AUTHORISATION FOR ATTENDING BID OPENING

Tender Number MMTenderMehsana2016-1706 Dated 26102016

Subject Authorisation for attending bid opening on___________________(date) the

tender of following persons are hereby authorised to attend the bid opening

for the tender mentioned above on behalf of ______________________

(Bidder) in order of preference given below

Order of Preference Name

Specimen Signatures

I

II

Alternate

Representative

Signatures of

bidder

Or

Officer authorised to sign the bid

Documents on behalf of the bidder

No 1 Maximum of two representatives will be permitted to attend bid opening In

case where it is restricted to one first preference will be allowed Alternate

representative will be permitted when regular representatives are not to able

attending

2 Permission for entry to the hall where bids are opened may be refused in case

authorisation as prescribed above is not recovered

39 Signature of the Contractor

ANNEXURE ndash VII

INTEGRITY PACT

Between

Bharat Sanchar Nigam Limited (BSNL) GMTD-Mehsana hereinafter referred to as ldquoThe

Principalrdquo

And

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphereinafter referred to as ldquoThe BidderContractorrdquo

Preamble

The Principal intends to award under laid down organizational procedures contracts for --

----------------------------------------- The Principal values full compliance with all relevant

laws and regulations and the principles of economic use of resources and of fairness and

transparency in its relations with its Bidders and Contractors

In order to achieve these goals the Principal will appoint an Independent External Monitor

who will monitor the tender process and the execution of the contract for compliance with

the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to

observe the following principles -

(a) No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for

or accept for himherself or third person any material or immaterial benefit which heshe

is not legally entitled to

(b) The Principal will during the tender process treat all Bidder(s) with equity and reason

The Principal will in particular before and during the tender process provide to all

Bidder(s) the same information and will not provide to any Bidder(s)

confidentialadditional information through which the Bidder(s) could obtain an advantage

in relation to the tender process or the contract execution

(c) The Principal will exclude from the process all known prejudiced persons

(2) If the Principal obtains information on the conduct of any of its employees which is a

criminal offence under the relevant Anti-Corruption Laws of India or if there be a

substantive suspicion in this regard the Principal will inform its Vigilance Office and in

addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder(s)Contractor(s)

(1) The Bidder(s)Contractor(s) commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation

in the tender process and during the contract execution

(a) The Bidder(s)Contractor(s) will not directly or through any other person or firm offer

promise or give to any of the Principalrsquos employees involved in the tender process or the

40 Signature of the Contractor

execution of the contract or to any third person any material or immaterial benefit which

heshe is not legally entitled to in order to obtain in exchange any advantage of any kind

whatsoever during the tender process or during the execution of the contract

(b) The Bidder(s)Contractor(s) will not enter with other Bidder(s) 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

(c) The Bidder(s)Contractor(s) will not commit any offence under the relevant Anti-

corruption Laws of India further the Bidder(s)Contractor(s) will not use improperly for

purposes of competition or personal gain or pass on to others any information or

document provided by the Principal as part of the business relationship regarding plans

technical proposals and business details including information contained or transmitted

electronically

(d) The Bidder(s)Contractor(s) will when presenting his bid disclose any and all

payments he has made is committed to or intends to make to agents brokers or any other

intermediaries in connection with the award of the contract

(2) The Bidder(s)Contractor(s) will not instigate third persons to commit offences outlined

above or be an accessory to such offences

Section 3 ndash Disqualification from tender process and exclusion from future contracts

If the Bidder(s)Contractor(s) before contract award or during execution has committed a

transgression through a violation of Section 2 above or in any other form such as to put his

reliability or credibility in question the Principal is entitled to disqualify the

Bidder(s)Contractor(s) from the tender process or take action as per the defined procedure

Section 4 ndash Compensation for Damages

(i) If the Principal has disqualified the Bidder(s) from the tender process prior to the award

according to Section 3 the Principal is entitled to demand and recover the damages

equivalent to Earnest Money Deposit Bid Security

(ii) If the Principal has terminated the contract according to Section 3 or if the Principal is

entitled to terminate the contract according to section 3 the Principal shall be entitled to

demand and recover from the Contractor the amount equivalent to Security Deposit

Performance Bank Guarantee in addition to any other penalties recoveries as per terms

and conditions of the tender

Section 5 ndash Previous transgression

(i) The Bidder declares that no previous transgression occurred in the last 3 years with any

other Company in any country conforming to the Anti-corruption approach or with any

other Public Sector Enterprise in India that could justify his exclusion from the tender

process

(ii) If the Bidder makes incorrect statement on this subject he can be disqualified from the

tender process or action can be taken as per the defined procedure

Section 6 ndash Equal treatment of all BiddersContractorsSubcontractors

41 Signature of the Contractor

(i) The principal will enter into agreements with identical conditions as this one with all

BiddersContractors

(ii) The Bidder(s)Contractor(s) undertake(s) to demand from all subcontractors a

commitment in conformity with this Integrity Pact

(iii) The Principal will disqualify from the tender process all bidders who do not sign this

Pact or violate its provisions

Section 7 ndash Criminal charges against violating

Bidder(s)Contractor(s)Subcontractor(s)

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or

of an employee or a representative or an associate of a Bidder Contractor or

Subcontractor which constitutes corruption or if the Principal has substantive suspicion in

this regard the Principal will inform the Corporate Vigilance Office

Section 8 ndash External Independent MonitorMonitors

1 Principal appoints competent and credible Independent External Monitor for this Pact

The task of the Monitor is to review independently and objectively whether and to what

extent the parties comply with the obligations under this agreement

2 The Monitor is not subject to instructions by the representatives of the parties and

performs his functions neutrally and independently He reports to the CMD of the BSNL

3 The Bidder(s)Contractor(s) accepts that the Monitor has the right to access without

restriction to all Project documentation of the Principal including that provided by the

Contractor The Contractor will also grant the Monitor upon his request and demonstration

of a valid interest unrestricted and unconditional access to his project documentation The

same is applicable to Subcontractors The Monitor is under contractual obligation to treat

the information and documents of the Bidder(s)Contractor(s)Subcontractor(s) with

confidentiality

Notwithstanding anything contained in this Section the Bidder(s)Contractor(s) shall have

no obligation whatsoever to provide any internal costing mechanisms or any internal

financial or commercial data pursuant to any audit or review conducted by or on behalf of

the Principal Further the Bidder(s)Contractor(s) shall not be required to provide any data

relating to its other customers or any personnel or employee related date

4 The Principal will provide to the Monitor 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 Principal and the Contractor The parties offer to the

Monitor the option to participate in such meetings

5 As soon as the Monitor notices or believes to notice a violation of this agreement he

will so inform the Management of the Principal and request the Management to

discontinue or take corrective action or to take other relevant action The monitor can in

this regard submit non-binding recommendations Beyond this the Monitor has no right to

demand from the parties that they act in a specific manner refrain from action or tolerate

action

42 Signature of the Contractor

6 The Monitor will submit a written report to the Chairperson of the Board of the Principal

within 8 to 10 weeks from the date of reference or intimation to him by the lsquoPrincipalrsquo and

should the occasion arise submit proposals for correcting problematic situations

7 If the Monitor has reported to the CMD of the BSNL a substantiated suspicion of an

offence under relevant Anti-Corruption Laws of India and the BSNL has not within

reasonable time taken visible action to proceed against such offence or reported it to the

Corporate Vigilance Office the Monitor may also transmit this information directly to the

Central Vigilance Commissioner Government of India

8 The word lsquoMonitorrsquo would include both singular and plural

Section 9 ndash Pact Duration

This Pact begins when both parties have legally signed it It expires for the Contractor 12

months after the last payment under the contract and for all other Bidders 6 months after

the contract has been awarded

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 dischargeddetermined by

CMD BSNL

Section 10 ndash Other provisions

1 This agreement is subject to Indian Law Place of performance and jurisdiction is the

Registered Office of the Principal ie New Delhi The arbitration clause provided in the

tender document contract shall not be applicable for any issue dispute arising under

Integrity Pact

2 Changes and supplements as well as termination notice need to be made in writing

3 If the Contractor is a partnership or a consortium this agreement must be signed by all

partners or consortium members

4 Should one or several provisions of this agreement turn out to be invalid the remainder

of this agreement remains valid In this case the parties will strive to come to an agreement

to their original intensions

------------------------------------ ----------------------------------

For the Principal For the BidderContractor

Placehelliphelliphelliphelliphelliphelliphelliphellip Witness 1 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphellip Witness 2 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

43 Signature of the Contractor

Anexx-VIII

AGREEMENT

This agreement made on thishelliphelliphellip day of helliphelliphellip Yearhelliphelliphelliphellip Between hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphellipHerein after called ldquo The contractorrdquo (which expression shall unless excluded by or

repugnant to the context include its successors heir executors administrative representative and

assignee) of the one part amp the BSNL (GMTD Mehsana) herein after referred to as the BSNL of

other part Tender No MMTenderMehsana2016-1706 Dated 26102016

Where as the contractor has offered to enter with the said BSNL for the contract for repairing of

EPBT amp CLIP Plan instruments amp Buttons Key in Mehsana SSA Mehsana Telecom District on

the terms and conditions herein contained and the rates approved by the BSNL (copy of rates

annexed) have been dully accepted and whereas the necessary security deposit have been furnished

in accordance with the provision of the tender documents and whereas no interest will be claimed

on the security deposit Now these presents witness and it is hereby agreed and declared by and

between the partiesrsquo presents as follows

(1) The contractor shall during the period of this contract that is to say fromhelliphelliphelliphelliphellipTo

helliphelliphelliphellip or completion of work whichever is earlier or until this contract shall be

determined by such notice as is herein after mentioned safely carried out by means of

Labours employed at his own expense and by means of tools implements of equipments

etc to be supplied by him to his Labours at his own expense all work of repairing of

EPBT amp CLIP instruments as described in tender documents (annexed to the agreement)

when the BSNL or any other person authorized by GMTD Mehsana in that behalf require it

is under stood by the contractor that the quantity of work mentioned in the schedule is

likely to change as per actual requirement as demanded by exigencies of service

(2) The Notice Inviting Tender Bid documents (qualifying and financial) letter of intent

approved rates annexed here to and such other additional particulars instructions

drawings work orders as may be found requisite to be given during execution of work

shall be deemed and taken to be an integral part of the contract and shall be deemed to be

included in the expression ldquoThe agreement) or ldquoThe Contractrdquo wherever herein used

(3) The contractor also supplies the requisite number of workmen with means and materials as

well as tools appliances vehicles for transportation cartage etc required for the proper

execution of work within the prescribed in the work orders

(4) The contractor hereby declares that no body connected with or in the employment of the

BSNL is notshall not ever be admitted as partner in the contract

(5) The contractor shall abide by the terms and conditions rules guide lines constructions

particulars safety precautions etc stipulated in the tender documents including any

correspondence between the contractor and the BSNL having bearing on execution of work

and payments of work to be done under the contract

In witness whereof the partiesrsquo presents have here in to set their representative hands and

seals the day and year in

Signed sealed amp Delivered by

The above named contractor in the presence of

Above written

Witness

(1)

(2) Signed and delivered on behalf of BSNL

Witness

(1)

(2)

44 Signature of the Contractor

ANNEXURE-IX - UNDERTAKING

This deed of undertaking executed on this helliphelliphellip day ofhelliphelliphelliptwo thousand andhelliphellip

by (name of sole proprietorpartnerdirectorauthorized representative the firm

company trust society etc)helliphelliphelliphelliphelliphelliphelliphelliphelliphellipSO helliphelliphelliphelliphelliphelliphelliphellip

residing athelliphelliphelliphelliphelliphelliphelliphelliphelliphellipOn behalf of said helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of the firm company Trust Society etc) having its office athelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

and dully authorized to sign file and verify present undertaking by the said hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of Firm company Society etc) in favour of Bharat Sanchar Nigam Ltd a

Government Of India undertaking having its registered office at Statesman

HouseB-148 Barkhamba Road New Delhi and local office at Administrative

Building Sanchar Bhawan BSNL Pilaji Ganj Mehsana-1 here in after called

BSNL (which terms shall mean and include its successors administrators heirs and

assigns Where as MS BSNL invited bids for repairing of EPBT amp CLIP instruments in Mehsana SSA

IWe participated in the bidding process and emerged as successful bidder with respect to tender No

MMTenderMehsana2016-1706 Dated 26102016

IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Acknowledge that IWe have fully under

stood and aware of the terms amp conditions of the Tendercontract and do hereby unequivocally and

unconditionally undertake and declare that

(1) IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip shall comply with all

the rulesRegulationsLawsGovernment instructionsstatus etc that are

applicable will be made applicable and or are aimed to protect the interest of

the workersemployees engaged by meus in the past and during the course of

performance of the contract with BSNL

(2) IWe shall fully protect indemnity and hold harmless BSNL and its employees

officers Directors agents judgments damages fines penalties and costs

(including legal costs and disbursements) arising from or relating to

Any breach violation of any direction order from any governmental

authority any provisions of the labour laws or any other laws status or

regulations that are or will be aimed to protect the interest of the

workersLabours engaged by the contractors in past and during the

course of this contract

OR

Any other payments claims or liability that may arise for ensuring

compliance of the provisions of any of the labour laws or any other laws

etc OR

Any other claim made by any third party in connection with any violation

of any laws guide lines instructions etc

In witness whereof this undertaking has caused on thehelliphelliphelliphelliphelliphellip

DayhelliphelliphelliphelliphellipMonth ofhelliphelliphellip Year

Date

Place

Signature

Name

Designation

Witness 1 2helliphelliphellip

45 Signature of the Contractor

ANNEXURE-X

E-Tendering Instructions to Bidders

These Special Instructions (for e-Tendering) supplement lsquoGeneral instructions to Biddersrsquo as enclosed in Section IV of this E-Tender Document Wherever there is a conflict the provisions herein shall prevail over those in other pages of this document

Submission of Bids only through online process is mandatory for this Tender

For conducting electronic tendering BSNL Mehsana is using the portal

(httpeprocurementsynisecombsnl1gujarat) of Ms Synise Technologies ltd Pune A - Submission of tender

1 The bidding process will be accepted only through e-tendering platform 2 Availability of e-tendering document e-tender document can be obtained by

downloading it from the website httpeprocurementsynisecombsnl1gujarat the

physical copy of the Tender document would not be available for sale

3 The Tender document shall not be available for download on its submissionclosing date B - General 1 Tender Bidding Methodology

Sealed Bid System ndashldquoSingle Stage using two envelopsrdquo

In this case of two envelope system Financial amp Techno-commercial bids shall be

submitted by the bidder at the same time

2 Broad outline of activities from Bidders prospective

1 Procure a Digital Signing Certificate (DSC)

2 Register on Electronic Tendering System (RETS)

3 Create Users and assign roles on ETS

4 View Notice Inviting Tender (NIT) on ETS

5 Download Official Copy of Tender Documents from ETS

6 Clarification to Tender Documents on ET Query to BSNL (Optional)

View response to queries posted by BSNL as addenda

7 Bid-Submission on ETS

8 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Techno-commercial Part

9 View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond to BSNLrsquos Post-TOE queries

10 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Financial-Part (Only for Technical Responsive Bidders)

For participating in this tender online the following instructions need to be read

carefully These instructions are supplemented with more detailed guidelines on

the relevant screens of the ETS

3 Digital Certificates

For integrity of data and its authenticity non-repudiation of electronic records and be compliant with IT Act 2000 it is necessary for each user to have a Digital Certificate (DC) also referred to as Digital Signature Certificate (DSC) of Class 2 or above issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer httpwwwccagovin]

4 Registration

To use the Electronic Tenderreg portal ( httpeprocurementsynisecombsnl1gujarat) vendor needs to register on the

46 Signature of the Contractor

portal Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e-tendering activities In ETS terminology this person will be referred to as the Super User (SU) of that organization For f u r ther details

p lease v is i t the websiteportal and follow further instructions as given on the site You may also contact tender wizard Helpdesk (as given below) to get your registration acceptedactivated Tender wizard Helpdesk

Telephone 020-30277517 020-30277522020-30277516

[between 1000 hrs to 1800 hrs on working days]

Mobile Nos Mr Hiren Pandar 7774013247 7774013248

E-mail ID helpdesksynisecom [Please mark CC

hirenpsynisecom]

BSNL Contact-1

BSNLrsquos Contact Person AGM MM Mehsana

Telephone Mobile (02762-220855222900)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID agmmmmehbsnlin

BSNL Contact-2

BSNLrsquos Contact Person SDE MM-Mehsana

Telephone Mobile (02762-221855)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID mehsdemm2bsnlin 5 Bid related Information for this Tender (Sealed Bid)

The entire bid-submission would be

online on ETS Broad outline of

submissions are as follows

Submission of digitally signed copy of Tender DocumentsAddendumaddenda

Two Envelopes

Techno-commercial -Part

Financial-Part

Note -

i) If some document is not applicable for the bidder then he has to upload

scanned copy of paper mentioning ldquoThe document ltNamegt called vide

clause helliphelliphelliphelliphelliphelliphellip is not applicable on usrdquo

ii) If document asked for contains more than one page then all those pages may be uploaded in one PDF format file

iii) Please take care to scan documents such that the total size of

documents to be uploaded remains minimum However it shall be sole

responsibility of bidder that the uploaded documents remain eligible

6 Offline Submissions

The bidder is requested to submit the following documents offline to AGM (MM) 2nd Floor Sanchar Bhawan Pilaji Ganj Mehsana-384001 on or before the date amp

time of submission of bids specified in covering letter of this tender

47 Signature of the Contractor

document in a Sealed Envelope The envelope shall bear (name of the tender) the tender number and the words lsquoDO NOT OPEN BEFORErsquo (due date amp time)

1 EMD-Bid Security in Original

2 DD Bankers cheque against payment of tender fee

3 Power of attorney (if applicable) Note The bidder has to upload the Scanned copy of all above said documents during

online Bid submission also

7 Special Note on Security of Bids

Security related functionality has been rigorously implemented in ETS in a multi-dimensional manner Starting with Acceptance of Registration by the Service Provider provision for security has been made at various stages in Electronic Tenderrsquos software Security related aspects as regard Bid Submission are outlined below

As part of the Electronic Encryptertrade functionality the contents of both the lsquoElectronic Formsrsquo and the lsquoMain-Bidrsquo are securely encrypted using a Pass-Phrase created by the Bidder himself Unlike a lsquopasswordrsquo a Pass-Phrase can be a multi-word sentence with spaces between words (eg I love this World) A Pass-Phrase is easier to remember and more difficult to break It is recommended that a separate Pass-Phrase be created for each Bid-Part This method of bid- encryption does not have the security and data-integrity related vulnerabilities which are inherent in E-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid- encryption Bid-encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE) even if there is connivance between the concerned tender- opening officers of the Buyer organization and the personnel of e-tendering service provider

Typically lsquoPass-Phrasersquo of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself when demanded by the concerned Tender Opening Officers who will open the bid Else Tender Opening Officer may authorize the bidder to open his bid himself There is an additional protection with SSL Encryption during transit from the client-end computer of a Supplier organization to the e-tendering server portal

8 Public Online Tender Opening Event (TOE)

ETS offers a unique facility for lsquoPublic Online Tender Opening Event (TOE)rsquo Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices For this purpose representatives of bidders (ie Supplier organization) dully authorized are requested to carry a Laptop and Wireless Connectivity to Internet Every legal requirement for a transparent and secure lsquoPublic Online Tender Opening Event (TOE)rsquo has been implemented on ETS As soon as a Bid is decrypted with the corresponding lsquoPass-Phrasersquo as submitted online by the bidder himself (during the TOE itself) salient points of the Bids are simultaneously made available for downloading by all participating bidders The work of taking notes during a manual lsquoTender Opening Eventrsquo is therefore replaced with this superior and convenient form of lsquoPublic Online Tender Opening Event (TOE)rsquo ETS has a unique facility of lsquoOnline Comparison Chartrsquo which is dynamically updated as each online bid is opened The format of the chart is based on inputs provided by the Buyer for each Tender The information in the Comparison Chart is based on the data submitted by the Bidders in electronic forms A detailed Technical and or Financial Comparison Chart enhances Transparency Detailed instructions are given on relevant screens

48 Signature of the Contractor

ETS has a unique facility of a detailed report titled lsquoMinutes of Online Tender Opening Event (TOE)rsquo covering all important activities of lsquoOnline Tender Opening Event (TOE)rsquo This is available to all participating bidders for lsquoViewing Downloadingrsquo

There are many more facilities and features on ETS For a particular tender the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer

NOTE In case of internet related problem at a bidderrsquos end especially during lsquocritical

eventsrsquo such as ndash a short period before bid-submission deadline during online

public tender opening event etc it is the bidderrsquos responsibility to have backup

internet connections In case there is a problem at the e- procurement

service-providerrsquos end (in the server leased line etc) due to which all the

bidders face a problem during critical events and this is brought to the notice

of BSNL by the bidders in time then BSNL will promptly re-schedule the

affected event(s)

9 Other Instructions

For further instructions the vendor should visit the home-page of the portal

( httpeprocurementsynisecombsnl1gujarat) and go to the User-Guidance Center The help information provided through lsquoETS User-Guidance Centerrsquo is available in three categories ndash

Users intending to Register First-Time Users Logged-in users of Buyer organizations and Logged-in users of Supplier organizations Various links are provided under each of the three categories Note It is strongly recommended that all authorized users of Supplier

organizations should thoroughly peruse the information provided under the

relevant links and take appropriate action This will prevent hiccups and minimize

teething problems during the use of ETS

The following lsquoFOUR KEY INSTRUCTIONS for BIDDERSrsquo must be assiduously adhered to

1 Obtain individual Digital Signing Certificate (DSC or DC) well in advance of

your first tender submission deadline on ETS

2 Register your organization on ETS well in advance of your first tender submission deadline on ETS

3 Get your organizationrsquos concerned executives trained on ETS well in advance of your first tender submission deadline on ETS

4 Submit your bids well in advance of tender submission deadline on ETS as

there could be last minute problems due to internet timeout breakdown etc

While the first three instructions mentioned above are especially relevant to first-time users of ETS the fourth instruction is relevant at all times

10 Minimum Requirements at Bidders end

Computer System with good configuration (Min P IV 1 GB RAM Windows XP)

Broadband connectivity

Microsoft Internet Explorer 60 or above

Digital Certificate(s) for users

49 Signature of the Contractor

ANNEXURE-III

RATE SHEET

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Rate should be quoted in below Rate Sheet

Sr

No

Rates Quoted By Bidder With Respect to SOR (Schedule Of Rate)

Particulars In Figure In Words

1 Above Of SOR

2 Below Of SOR

3 AT PAR

[At Same Rates of SOR]

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

Signature of the Bidder with Seal

Note

1 All faulty instruments are to be repaired except fully broken or fully burnt due to

electric hazards

2 The work may be offered to more than one contractor if required

Signature of the Tenderer with seal

Full Name _____________________

Full Address________________________

  • TABLE OF CONTENTS
    • CERTIFICATE REGARDING NEAR RLATIVES
      • LETTEROF AUTHORISATION FOR ATTENDING BID OPENING
      • Signed sealed amp Delivered by
      • Above written
        • ANNEXURE-IX - UNDERTAKING

19 Signature of the Contractor

clauses the Designated official on behalf of the company shall have powers -

(a) To determine or rescind or terminate the contract as aforesaid (of which termination

or rescission notice in writing to the contractor under the hand of the Designated

officialnominated representative shall be conclusive evidence) Upon such determination

or rescission the Security deposit of the contractor shall be liable to be forfeited and shall

be absolutely at the disposal of Company Notice for period of 15days will be received

from the date of issue of notice

(b) To employ other agency paid by the company and to supply materials to carry out the

works or part of the work debiting the contractor with the cost of the work and the price of

the materials (of the amount of which cost and price certified by the Designated official

shall be final and conclusive against the contractor) and crediting him with the value of the

work done in all respects in the same manner and the rates as if it had been carried out by

the contractor under the terms of the contract The certificate of the GMTD-MEHSANA as

to the value of the work done shall be final and conclusive against the contractor provided

always that action under the sub-clause shall only be taken after giving notice in writing to

the contractor Provided also that if the expenses incurred by the company are less than the

amount payable to the contractor at his agreement rates the difference should not be paid

to the contractor

(c) After giving notice to the contractor to measure up the work of the contractor and to

take such part thereof as shall be unexecuted out of his hands and to give it to another

contractor to complete in which case any expenses which may be incurred in excess of the

sum which would have been paid to the original contractor if the whole work has been

executed by him (of the amount of which excess the certificate in writing of the Designated

official shall be final and conclusive) shall be borne and paid by the original contractor and

may be deducted from any money due to him by company under this con tract or on any

other account whatsoever or from his security deposit or the proceeds of sales thereof or a

sufficient part thereof as the case may be

25 In the event of any one or more of the above courses being adopted by Designated

official the contractor shall have no claim to compensation for any loss sustained by him

by reason of his having purely leased or procured any materials or equipment or entered

into any agreement or made any advances account or with a view to the execution or the

work or the performance of the contract and in case action is taken under any of the

provisions aforesaid the contractor shall not be entitled to recover or be paid any sum for

any work thereto or actually performed under this contract unless and until Designated

official has certified in writing the performance of such work and the value payable in

respect thereof and he shall only be entitled to be paid the value so certified

26 In any case in which any of the powers conferred upon the Designated official by

clause 24 thereof shall have become exercisable and the same shall not be exercised the

non exercise thereof shall not constitute a waiver of any of the conditions hereof and such

powers shall notwithstanding be exercisable in the event of any future case of default by

the contractor and the liability of the contractor for compensation shall remain unaffected

In the event of the Designated official putting in force all or any of the powers vested in

him under the proceeding clause he may if he so desires after giving a notice in writing to

the contractor take possession of (or at the sole discretion of the Designated official which

shall be final) use as on hire (the amount of the hire money being also in the final

determination of the Designated official) all or any tools materials and stores in or upon

the works or the materials belonging to the contractor or procured by the contractor and

20 Signature of the Contractor

intended to be used for the execution of the contract or any part thereof paying or

allowing for the same amount at the contract rates or in the case of these not being

applicable at current market rates to be certified by the Designated official whose

certificate thereof shall be final otherwise the Designated official by notice in writing may

order the contractor or his clerk of the works foremen or other authorized agent to remove

such tools plants materials stores from the premises (within and time to be specified to

comply with any such requisition the Designated official may remove them all at

contractors expense or sell them by auction or private sale on account of the contractor and

it his risk in all respects and the certificate of the Designated official as to the expense of

any such removal and the amount of the proceeds and expenses of any such sale shall be

final and conclusive against the contractor

27 If the contractor shall desire an extension of time for completion of the work on the

grounds of his having been unavoidably hindered in its execution or on any other ground

he shall apply in writing to the Designated official within seven days of the date of

hindrance on account of which he desired such extension as aforesaid and the Designated

official shall if in his opinion (which shall be final) reasonable grounds be shown

therefore authorize such extension of time if any as may in his opinion be necessary or

proper

28 If at any time after the commencement of the work the company for any reason

whatsoever not require the whole thereof as specified in the tender to be carried out the

Designated official shall give notice in writing of the fact to the contractor who shall have

no claim to any payment of compensation whatsoever on account of any profit or

advantage which he might have derived from the execution of the work in full but which

he did not derive in consequence of the full amount of the work not having been carried

out neither shall he have any claim for compensation by reason of any alterations having

been made in the original specifications drawings designs and instructions which shall

involve any curtailment of the work as originally contemplated

29 INSPECTION

All work under or in course of execution or executed in pursuance of the contract shall at

all times be open to the inspection and supervision of the Designated official and his

authorized subordinates and the contractor shall at all times during the usual working hours

and at all other times at which reasonable notice of the intention of the Designated official

or his subordinate visit the works shall have been given to the contractor either himself be

present to receive order and instructions or have a responsible agent duly a credited in

writing present for that purpose Orders given to the contractors agent shall be considered

to have the same force as if they had been given to the contractor himself

30 WORKMENS COMPENSATION

In every case in which by virtue of the provisions of section 12 sub-section

(i) of the workmenrsquos compensation Act 1923 Company is obliged to pay compensation to

a workman employed by the contractor in execution of the works Company will recover

from the contractor the amount of the compensation so paid and without prejudice to the

rights of the Company under section 12 Sub section

(ii) of the said Act Company shall be at liberty to recover such amount or any part thereof

by deducting it from the security deposit or from any sum due by the company to the

contractor whether under this contract or otherwise Company shall not be bound to contest

21 Signature of the Contractor

any claim made against it under section-12 subsection (i) of the said Act except on the

written request of the contractor and upon his giving to company full security for all costs

for which Company might become liable in consequence of contesting such claim

31 LABOUR WELFARE

311 In every case in which by virtue of the provisions of the contract Labour (Regulation

and Abolition) Act 1970 and of the contract labour (Regulation and abolition) Central

Rules 1971 Company is liable to pay any amounts of wages to a workman employed by

the contractor in execution of the works or to incur any expenditure in providing welfare

and health amenities required to be provided under the above said Act and the Rules under

clause 19 to 19 J and 20 of PWD-8 or under the CPWD Contractors Labour

Regulations or under the Rules framed by Government from time to time for the

protection of health and sanitary arrangements for workers employed by CPWD

contractors company will recover from the contractor the amount of wages so paid or the

amount of expenditure so incurred and without prejudice to the right of the Government

under section 20 sub-section (ii) and section 21 sub-section (4) of the contractor Labour

(Regulation and Abolition) Act 1970 company shall be at liberty to recover such amount or

any part thereof by deducting it from the security deposit or from any sum due by the

company to the contractor whether under this agreement or otherwise company shall not

be bound to contest any claim made against it under section 20 except on the written

request of the contractor and upon his giving to the company full security for all costs for

which Government might become liable in contesting such claim

312 The contractor shall obtain a valid licence (If required depending upon the number of

persons engaged and the nature of the work intended) under the contract Labour (RampA)

Act 1970 and the contract labour (R amp A) Central Rules 1971 before the commencement

of the work and continue to have a valid license until the completion of the work

313 Any failure to fulfill this requirement shall attract the penal provisions of this

contract arising out of the resultant non-execution of the work

314 No person below the age of (18) eighteen years shall be employed on the work

32 FAIR WAGES

(a) The contractor shall pay to persons employed by him either directly or through sub-

contractor wages not less than fair wages as defined in the CPWD Contractors Labour

(Regulations and Abolition) Act 1970 and the contract labour (Regulation and Abolition)

Central Rules 1971 wherever applicable

(b) The contractor shall notwithstanding the previsions of any contract to the contrary

cause to be paid fair wages to persons indirectly engaged on the work including any

labour engaged by his sub contractor in connection with the said work as if the labour had

been immediately employed by him

(c) The General Manager Telecom District MEHSANA or his subordinate officer

concerned shall have the right to deduct from the money due to the contractor any sum

required or estimated to be required for making good the loss suffered by a worker or

workers by reasons of non-fulfillment of the conditions of the contract for the benefit of

the workers non payment of wages or of deduction made from his or their wages are not

justified by their terms of the contract or non-observance of the Regulations

22 Signature of the Contractor

(d) The contractor shall comply with the provisions of the payment of wages Act 1936

Minimum wages Act 1948 Employees Liability Act 1938 Workmenrsquos compensation Act

1923 Industrial Disputes Act 1947 Maternity Benefits Act 1961 and the contractorrsquos

Labour (regulation and abolition) Act 1970 or the modifications there of or any other laws

relating thereto and the rules made there under from time to time

(e) The contractor shall indemnify Government against payments to be made under and

for the observance of the laws aforesaid without prejudice to his right to claim indemnity

from his sub-contractors

(f) The regulations aforesaid shall be deemed to be a part of this contract and any breach

thereof shall be deemed to be a breach of this contract

33 OTHER LABOUR WELFARE MEASURES

The contractor shall comply with all the provision of the Minimum wages Act 1948

Contractor Labour (R amp A) Act 1970 and rules framed and other labour laws affecting

contract labour that may be brought into force from time to time

34 The contract shall not assign or sublet without the written approval of the GMTD

MEHSANA or his nominated representative and if the contractor shall assign or sublet his

contract or attempt so to do or become insolvent or commence any insolvency proceeding

or make any composition with his creditors or attempt so to do or if any bribe gratuity

gift loan perquisite reward or advantage pecuniary or otherwise shall either directly or

indirectly be given promised or offered by the contractor or any of his servants or agent to

any public officer or person in the employ of Government in any way relating of his office

or employment or if any such officer or person shall become in any way directly or

indirectly interested in the contract the Designated official on behalf of the President of

India shall have power to adopt any of the coursed specified in clause 24 as he may deem

best suited in the interest of Government and in the event of any of these course being

adopted the consequences specified in the said clause 24

35 All sums payable by way of compensation under any of these conditions shall be

considered as reasonable compensation to be applied to the use of Government without

reference to the actual loss or damage sustained and whether or not any damage shall have

been sustained

36 PARTNERSHIP FIRMS

Where the contractor is a partnership firm the previous approval in writing of the

Designated officialnominated representative shall be obtained before any change is made

in the constitution of the firm Where the contractor is an individual or a Hindu undivided

family business concern such approval as aforesaid shall like wise be obtained before the

contractor enters into any partnership agreement where under the partnership firm would

have the right to carry out the work hereby undertaken by the contractor If previous

approval as aforesaid is not obtained the contract shall be deemed to have been assigned in

contravention of Clause hereof and the same action may be taken and the same

consequence shall ensure as provided in the said clause

37 All works to be executed under the contact shall be executed under the direction and

subject to the approval in all respected of the Designated official who shall be entitled to

direct at what point or points and in what manner they are to be commenced and from time

to time carried on

23 Signature of the Contractor

38 Whenever any claim against the contractor for the payment of a sum or money arises

out of or under the contract Government shall be entitled to recover such sum by

appropriating in part or whole the security deposit of the contractor and to sell any

Government Promissory Notes etc forming the whole or part of such security In the event

of the security being insufficient or if no security has been taken from the contractor then

the balance or the total sum recoverable as the case may be shall be deducted from any

sum then due or which at any time thereafter may become due to the contractor under this

or any other contract with Government Should this sum be not sufficient to cover the full

amount recoverable the contract shall pay to Government on demand the balance

remaining dues

39 AUDITS AND TECHNICAL EXAMINATION

391 Company shall have the right to cause an audit and technical examination of the

works and the final bills of the contractor including all supporting vouchers abstract etc to

be made after payment of the final bill and if as a result of such audit and technical

examination any sum is found to have been overpaid in respect of any work done by the

contractor under the contract or any work claimed by him to have been done by him under

the contract and found to have amount of over payment and it shall be liable to refund the

amount of over payment and it shall be lawful for Company to recover the same from him

in the manner prescribed or in any other manner legally permissible and if it is found that

the contractor was paid less than what was due to him under the contract in respect of any

work executed by him under it the amount of such under payment shall be duly paid by

Company to the contractor

392 Any sum of money due and payable to the contractor (including Security Deposit

returnable to him) under this contract may be appropriated by the Company and set off

against any claim of the Company for the payment of a sum or money arising out of or

under any other contract made by the contractor with the Company

40 Contractor shall not enter into agreement with any other unit on approved tender of

GMTD MEHSANA without prior approval of the General Manager Telecom District

MEHSANA

41 Without prejudice to any of the rights or remedies under this contract if the contractor

dies the GMTD MEHSANA on behalf of the company shall have the option of

terminating the contract without compensation to the contractor

42 No Engineer of gazetted rank or other gazetted officer employed in Engineering or

administrative duties in an Engineering Department of the Government of India is allowed

to work as contractor for a period of two years of his retirement from Government service

without the prior permission of Government of India This contract is liable to be canceled

if either person who had not obtained the permission of Government of India as aforesaid

before submission of the tender or engagement in the contractors service as the case may

be

43 COMPENSATION FOR DELAY The time allowed for carrying out the work as

mentioned shall be strictly observed by the contractor and shall be deemed to be of the

essence of the contract on the part of the contractor However for special jobs if the

contractor has submitted a time schedule and the same has been accepted by the designated

officialnominated representative of the company the contractor shall comply with the

said time schedule

24 Signature of the Contractor

44 TIME LIMIT amp LIQUIDATED DAMAGE CHARGES

441 It will be at the discretion of the GMTD MEHSANA to revise or modify or extend

the time limits specified for the total work awarded to the contractor or to further specify

the quantum of work to be completed within a specified period provided a written request

has been received from the contractor explaining the reasons for which such extension of

time is asked for and the GMTD MEHSANA in the particular case is convinced and

satisfied that such extension or revision or modification is in the interest of the

Government In such cases payment of liquidated damage as compensation for delay

becomes liable based on such revised or modified or extended time limits and the

conditions under which such extension or modification or revision has been made

Liquidated damage will be charged as per Special Condition clause No2 amp 3 read as

under

1 Delay in collection - Rs5- per instrument per week or part there of for entire lot of

unserviceable instruments collected delayed subject to a maximum Rs20- per instrument

in case timely collection is not done as per 2(b) of special conditions

2 Delay in delivery- Rs2- per week or part there of on the entire lot of instruments

delivered delayed in case of delivery not made timely as per Para 3 of Special conditions

442 The contractor shall have to complete the contractual work within stipulated period

and it is very clearly understood between the parties that the time is made the essence of

contract

45 The Company assumes no responsibility whatever for any oral understandings or

representations made by any its officers or agents or servants prior to the execution of the

contract and all previous negotiations and understandings are hereby canceled

46 STORERSMATERIAL SUPPLIED BY THE GOVERNMENT

All materials supplied to the contractor by the company shall remain the absolute

property of Company and shall not be removed from site of the work except for use in the

work and shall be at all times open to inspection by Designated official

47 In the event of the contractor being adjudged insolvent or going voluntarily into

liquidation or having received order or other order under insolvency Act made against him

or in the case of a company of the passing of any resolution or making of any order for

winding up weather voluntarily or otherwise or in the event of the contractor failing to

comply with any of the conditions herein specified the GMTDMEHSANA shall have

the power to terminate the contract without previous notice

48 ACCEPTANCES AND MEASUREMENT

481 It is important that the work carried out by contractor is approved by the designated

official nominated representative of the company

482 The designated official nominated representative of the Govt and the contractor or

his authorized representative will certify under their signature at the appropriate places that

the work carried out is as per the specification

49 PRICE VARIATION

25 Signature of the Contractor

The Company shall not be responsible for any escalation in prices of labour or materials

machinery equipment etc whatsoever or any increase in any duties levies or taxes in

respect thereof whatsoever and the contractor rates and contractors obligations shall

remain unaffected by such escalation and or increases

50 FORCE MAJEURE

In the event of either party being rendered unable by force majeure to perform this

contract than the obligations of the party effected by such force majeure shall be

suspended for the whole period during which such cause lasts and until normal operation

are resumed and when such cause ends the execution of this contract must be resumed

with all responsible dispatch should the execution of this contract be suspended by force

majeure than a corresponding extension of the completion date shall be automatically

granted The occurrence of a cause of force majeure however shall not relieve the

company and its obligation to make payment to the contractor for the work satisfactorily

executed prior thereto The terms force majeure as employed herein shall mean act of God

war declared or undeclared hostilities enemy actions revolts riots legal lock outs and

eligible strikes tidal waves forest fires major floods explosions earth quakes epidemics

sabotage extra ordinary act and Regulation of central or state Government or Municipality

Bodies Upon the occurrence of such causes and its termination the parties rendered unable

as aforesaid shall notified the other party in writing within 72 hours of the beginning and

ending dates giving full particulars and evidences if required

51 PAYMENTS

The contractor shall prepare the bills claiming shown as labour cost and material cost

separately The contractor shall submit the bills within 30 days after completion of the

work duly certified by the designated officialnominated representative of company

GMTD MEHSANA has full right to disallow the payment of the bills received after 30

days of completion of work

52 The GMTD MEHSANA may however at his discretion allow the contractor to

submit fortnightly bills or at the end of each work

53Income tax at the rate in force at that time would be deducted from his payments of bills

as Tax deducted at source However if any new legislation comes into effect for

deduction of tax at source at any other rate deduction will be made at that rate

The GMTD MEHSANA will issue necessary Income tax deduction certificate or the

Accounts Officer detailing the amount so deducted As Tax Deducted at Source at the time

of payment or each bill

54 The Tenderer should submit all requisite documents including EPF related documents

as per clause in tender terms amp conditions and special conditions along with the bill if

applicable

55 PAYMENT PROCEDURE

551 The bills are to be submitted in TRIPLICATE and in the manner and form that may

be prescribed by the GMTD MEHSANA from time to time ldquoAccounts Payeerdquo cheque

for amount passed in the bill will be issued only after the contractor gives a stamped

receipt for the amount unless the bills are pre-receipt Only Accounts Payee Cheques

drawn on the branch of the state bank of India or other bank in which the GMTD or the

26 Signature of the Contractor

Accounts Officer may be having drawing assignment account will make payments The

payments will be made either by the Accounts Officer or by any other official who at any

period of time may be convenient to the company

552 Any liquidated damages due shall also be recoverable from the bills submitted for the

payment by the aforesaid officer

553 The security deposit with the GMTD Shall be considered for adjustment against

liquidated damages only at the time of final conclusion of the contract and final settlement

of account

554 The GMTD MEHSANA will have e the right to recover liquidated damages for

delay or slow progress of the works from the bills submitted for payment

555 The final settlement of the bills and refund adjustmentappropriation of any amount

detained from the running bill of the contractor shall be made fully after the GMTD is

satisfied that all the contractual obligation have been fully met and no amount remain due

for recovery from the contractor on any count Unless there are specific reasons all

accounts are expected to be settled within a period of six months from the date of

completion of the works in all respects

56 FINAL ACCEPTANCE

If any of the work is found to be unsatisfactory by the designated officialnominated

representative of the govt the contractor shall be intimated in writing of the corrections

repairing to be carried out The contractor shall be required to correct all defects that

remain evident at any time prior to final acceptance of the contractors works by the

GMTD MEHSANA The cost of all such repairs and corrections shall be borne by the

contractor Failure or neglect on the part of the GMTD MEHSANA or his representative

to confirm or reject inferior work notwithstanding final acceptance of the work or any part

thereof by the company THE GMTD MEHSANA Designated official or his

representative shall not be construed to imply the acceptance of such work The provision

of this clause shall not in any way affect or limit the contractors liability under the

undertaking and guarantee contained in the contract documents

57 DISPUTES AND ARBITRATION

All dispute arising between the contractor and GMTD MEHSANA out of this contract

shall be referred to the sole arbitration in the following manners -

a) In case parties are unable to reach a settlement by themselves the dispute should be

submitted for arbitration in accordance with contract agreement

b) There should not be a joint submission with the contractor to the sole arbitrator

c) Each party should submit its own claimed severely and may oppose the claim put

forward by the other party

d) The onus of establishing his claims will be left to the contractor

e) His claim will be firmly resisted by utilizing all the evidence available with the

company

27 Signature of the Contractor

f) Once a claim has been included in the submission by the contractor a retraction or

modification thereof will be opposed

g) The Point of Defense will be based on actual condition of the contract

h) The question whether these conditions are equitable shall not receive any consideration

in the preparation of Points of Defense

i) The arbitrator shall not entertain claims in the nature of ex-gratia payments as these

are not contractual

j) If the contractor including such claims in his submission the fact that they are not

contractual will be prominently placed before the arbitrator

k) In case the amount involved is heavy the sole arbitrator may be within his rights to

conduct the defense by the government pleader

The award of the sole arbitrator shall be final and binding on the parties to the dispute It

is further agreed that reference to the sole arbitration of officer appointed as arbitrator is

conditions precedent and none will be entitled to move the court without referring the

matter to sole arbitrator

58 Contractor should produce latest Income Tax CertificateSales Tax registration

certificate

59GMTD Mehsana reserves the rights to terminate RRC for breach of

conditionconditions of the agreement after giving a show cause notice of 14 days and after

examining reply if any filed by him pursuance to show cause notice

60 GMTD Mehsana reserves the rights to engaged one or more contractors for this work

61 Rates to be quoted in ANNEXURE ndash III Financial Bid in separate sealed cover and

declaration to be given in ANNEXURE-II-A amp ANNEXURE ndash II B duly signed by all

partnersdirectors of the companyfirm

28 Signature of the Contractor

SECTION ndash V

SPCECIAL CONDITIONS

Work Orders shall be issued by concerned SDE approved by DE

1 Scope of the work Repairing of faulty electronic CLIP push button telephone

instruments buttons key including plan instrument It shall cover all instruments

including those having PCB Display of CLI and burnt out due to their connections

to powers inadvertently but excluding PBT with bakelite portion broken

discolored

2 Collection of faulty instruments

A For lifting of faulty instruments the minimum lot size will be of 20 units

the SDEexchange in charge will intimate the quantity of faulty instruments

accumulated with him over telephone or by FAX to the contractor

B The contractor shall ensure the collection of the faulty instruments within

three working days of the date at giving work order or intimation over telephone or

by FAX on working days between 10 AM to 17 PM at his cost

C The contractor shall acknowledge the receipt of the faulty instruments made

over to him

3 Duration of repair

A The contractor shall repair the faulty instruments at his own work-shop and

return the same to SDEexchange in-charge concerned at his own cost within one

week of its collection (for calculating one week the day of collection and day of

handing over will be inclusive)

B After carrying out repairs of the faulty instruments the contractor shall

offer the instruments to SDEExchange in-charge or JTO nominated by him for

inspection and testing one day before the expiry of schedule delivery date The

decision of the inspecting officer as to accept the repaired instruments will be final

and binding on contractor

C The contractor shall pack each repaired instrument suitably in a

polythene bag after polishingbuffing while returning them to SDE

D The contractor shall paste stiker with date of repairing on back side of

each repaired instrument while returning them to SDE

E The repaired instruments shall be returned back to the same SDEExchange

in-charge unless specified otherwise from where these instruments were collected

for repairs

4 Warranty repair

The contractor will undertake quality repair which will ensure the normal

troubledefect free performance of the instruments for a period of 12 months from

the date of inspection and clearance In case the repaired instruments develops

any defect or any deficiency or fault ie it becomes faulty during the warranty

29 Signature of the Contractor

period the contractor shall rectify repair and remedy such defects deficiency in the

repaired instruments at his own cost and expenses

5 A Method of evaluation

Tenders will be evaluated with reference to the total cost worked out by

multiplying rates quoted by Tenderer with approximate number of EPBT amp

CLIP Instruments as shown in the price bid

B Reports

1 The contractor shall furnish a summary of fault found and namedetails of

the components replaced in the instruments repaired while offering them for

inspection

2 The contractor shall also furnish a quarterly analysis of faulty and repaired

batch wise as per Annexure-I

6 Quality of components

The contractor shall use good quality components for repairs of the instruments

The replaced parts should be purchased by the contractor from DOT approved

source s

7 Liquidated damage

1 Delay in collection Rs 5- per instruments per week or part thereof for

entire lot of unserviceable instruments collected delayed subject to a

maximum of Rs 20- per instruments In case timely collection is not don as

per Para 2(B) above

2 Delay in delivery Rs2 per instrument per week or part thereof on the

entire lot of instruments delivered delayed in case delivery not made timely

as per Para 3 above

8 Quantum of EMD and PSD

EMD as per NIT - to be paid either in cash or in form of DDBankerrsquos

ChequePay Order from NationalizedScheduled Bank in favour of Accounts

Officer (Cash) BSNL Oo GMTD ndash Mehsana payable at Mehsana

Performance Security Deposit 10 of estimated cost of tender payable either in cash or DD or in form of Bank guarantee

from Nationalized BankScheduled Bank for a period of 24 months which will be released or refunded after successful

completion of contract and no due pending against contractor 9 Extension of validity of RRC period Period of RRC will normally

be one year However GMTD Mehsana reserves the right to extend it for a further period of six months or one year or part

there of under the same rates and terms and conditions

Estimated cost for the second year or part there of shall be considered same as approved for first year or part

there of on pro-rata basis

30 Signature of the Contractor

10 Eligibility The bidder should have

Experience of repairing of CLIP or EPBT Instruments in DOTBSNLGovt

PSU Private SectorFirm for one year during last five years as per NIT

11 Documents to be submitted with Technical Bid (Qualifying Bid) to establish

their eligibility for bidding

111 Experience certificate (self attested copy) issued by not below the rank of DEAGM in

DOTBSNLGovtPSUPrivate SectorFirm as required under clause 10 above

112 Self attested Copy of registration of firm (not required for proprietorship)

113 For EPF particulars submit the EPF registration certificate if applicable

(If not applicable submit the clarification as to how not applicable and submit

undertaking on Non judicial stamp paper of Rs 50- regarding submission of it within

one month after the agreement with BSNL Mehsana) If the firms which are under

partnership deed Company Pvt Ltd shall have to submit EPF registration certificate

If not obtain they shall have to obtain the earliest and latest by the time of agreement

They shall have to submit necessary undertaking certificate for this in ANNEXURE-

VI

114 Self attested Copy of Registration particulars with Central Excise for Service Tax If

undertaking is given he shall have to submit within one month before agreement failing

which there will be no agreement (If Service tax is not applicable he shall have to

submit reasons as to how it is not applicable)

115 Partnership deed amp power of attorney who has signed the bid (self attested copy) if

applicable

116 Bio-data of Tenderer in ANNAXURE--IV

117 Declaration to be given in ANNEXURE-II A amp II B

12 Rates to be quoted in ANNEXURE-III In Financial Bid to be submitted separately

in sealed cover

13 GMTD Mehsana reserves the rights to terminate RRC for breach of condition

conditions of the agreement after giving a show cause notice of 14 days and after

examination reply if any filled by him pursuance to show cause notice

14 EPF contribution in respect of LabourEmployees employed by the contractor for

execution of works of BSNL if applicable The contractor will have to

fulfillcompliance of the provisions of EPF amp Misc provisions Act1952 amp Employees

provident fund scheme-1952 by the contractor in respect of LaboursEmployees

engaged by them for performing the work of BSNL while submitting the claim of bills

towards works executed by him if applicable he must accompany the

i List showing the details of LaboursEmployees engaged

ii Duration of their engagement

iii The amount of wages paid to such LaboursEmployees for the duration in question

iv Amount of EPF contribution (both employees amp employers contribution) for the

duration of engagement in question paid to the EPF authorities

31 Signature of the Contractor

v Copies of authenticated documents of payments of such contributions to

EPF authorities and a declaration for compliance of EPF Act 1952

15 The BSNL reserves the right to disqualify such bidders who have a record of not

meeting contractual obligation against earlier contracts entered into with the

BSNL MEHSANA

16 Multiple Vendor System -The BSNL Mehsana intends to limit the number

of technically amp commercially responsive bidders to (Maximum three) from

the list of such bidders arranged in increasing order of their evaluated rate

starting from the lowest for the purpose of award of work against this

tender The distribution of quantum of work among the bidders is as per

clause of Section ndash of tender document

ldquoHowever SSA Head Mehsana reserve the right for the award of contract amp

work of entire tendered quantity to the bidder with the lowest evaluated

ratesrdquo

17 NOTE-

Tender documents containing detailed description of work terms amp conditions can be

had from Asstt General Manager (MM) Oo GMTD Mehsana 2nd Floor Admn

Building Sanchar Bhawan Pilaji Ganj Mehsana-384001 between 10=00 hours to

17=00 hours from 26102016 to 17112016 on all working days

Asstt General Manager (MM) Oo GMTD Mehsana ndash 384001

32 Signature of the Contractor

SECTION ndashVI

1 Specification and Tentative Quantum of work for repairing of EPBT amp

CLIP (approximate)

Sr

No

Name of SDE Unit

[Concern Supervising

Authority]

Quantum of Works for Tender for repairing

of EPBT amp CLIP Instruments [In No]

CLIP Inst EPBT

Inst

Buttons

Key

Plan Inst

1 SDE P MEHSANA 750 900 3 5

2 SDE G MEHSANA 225 250 5 0

3 SDE G CHANASAMA 100 0 5 0

4 SDE G CHHATRAL 350 200 0 0

5 SDEP KADI 50 0 0 0

6 SDEG KADI 50 0 0 0

7 SDEP KALOL 750 450 7 0

8 SDEG KALOL 150 50 0 0

9 SDEP VIJAPUR 60 85 2 0

10 SDEG VIJAPUR 75 95 2 0

11 SDEG MNSGZR 50 80 3 0

12 SDEG KUKARWADA 50 75 2 0

13 SDEP VISNAGAR 350 200 5 0

14 SDEG VISNAGAR 150 75 4 0

15 SDEG VADNAGAR 100 25 4 0

16 SDEG SATLASANA 75 40 3 0

17 SDEG KHERALU 100 50 3 0

18 SDEP UNJHA 500 400 3 0

19 SDEG UNJHA 100 113 2 0

20 SDEP SIDHPUR 450 300 3 0

21 SDEG SIDHPUR 200 200 5 0

22 SDEP PATAN 350 150 5 0

23 SDEG PATAN 100 50 5 0

24 SDEG HRJSAMI 100 50 4 0

Total 5235 3838 75 5

33 Signature of the Contractor

SECTION ndashVII

STANDARD SCHEDULE OF RATE (SOR) FOR REPARING OF EPBT

AND CLIP INSTRUMENT IN MEHSANA TELECOM DISTRICT (MEHSANA SSA)

To

GMTD Mehsana

Sub - Our Financial Bid for repairing of EPBT amp CLIP Instruments in Mehsana SSA

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Sir

Having examined the tender documents terms amp conditions specification of work

stipulated there in IWe the undersigned offer our rates in percentage as under

Brief description of items for

Repairing under ARC

Approx Quantity to be

repaired under ARC

SOR Per Instrument

(a) (b) (c)

(1) Repairing of CLIP Telephones

instruments

5235 No Rs 55-

(2) Repairing of Electronics Push

Button Telephones (EPBT)

3838 No Rs 23-

(3) Repairing of Buttons Key

75 No Rs 26-

(3) Repairing of Plan Instruments

5 No Rs 39-

Note- The Quantity of Clip instrument ( 5500) may be consider which AMC will be expired as per given below -

(1) AMC of 1400 PTPL instrument may be expired on 23092016

(2) AMC of 3100 PTPL instrument may be expired on 21012017

(3) AMC of 1000 PTPL instrument may be expired on 25032017

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

34 Signature of the Contractor

ANNEXURE-I

Fault analysis report of instruments of quarter ending

No of faulty

instruments

with

contractor at

the

beginning of

the period

No of faulty instruments

received by contractor

during the quarter

No of faulty instruments

repaired and returned to

Depot officer

CF No of

faulty

instruments

with

contractor

In warranty Out of

warranty

In warranty Out of

warranty

1

2

Nature of Fault

Type No Of instruments

No

dial

tone

Dial

faulty

No

ring

Poor

speechdisturbance

Dead Display

Fault

No fault

foundMisc

In

warrant

Out of

warranty

Repairing carried out

Type Faults in

TransmitterReceiver Ringer Contract

foil

PCB

Fault

Disply No fault

foundMisc

In

warrant

Out of

warranty

35 Signature of the Contractor

ANNEXURE ndashII

DECLARATION

(TO BE SUBMITTED WITH TECHNICAL BID)

IWe hereby declare that IWe have carefully gone through the Terms amp Conditions of

Tender Notice Invited vide No MMTenderMehsana2016-1706 Dated 26102016 in

detail and agree to the rate submitted by MeUs in the rate sheet and IWe agree in full to

abide by them

1) Signature of the Party ___________________________________

Full Name ___________________________________

(In block letter) ___________________________________

2) Full address ___________________________________

___________________________________

___________________________________

___________________________________

Tele No (O)________________________________

(R)________________________________

3) Capacity in which the __________________________________

Tender is signed

Rubber stamp is required) __________________________________

__________________________________

Date Signature of the Tenderer with seal

36 Signature of the Contractor

ANNEXURE ndash IV

DECLARATION REGARDING EPF TO BE GIVEN ON NON-JUDICIAL STAMPS

PAPER OF RS 100-

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

I helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipProprietor of

Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip do here by declare

that I am the proprietor of my above firm I am carrying out the repairing of

EPBT amp CLIP my self I do not engage labour So EPF is not applicable to

me

However the decision of the competent authority shall be binding to me in

this regard

Name of the Bidder

Signature of the Bidder with Seal

37 Signature of the Contractor

ANNEXURE ndash V

Undertaking to be given for compliance of EPF Registration certificate

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

We the partners Directors of the firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Do here by undertake that if our tender is accepted we will submit the EPF Registration

certification at the earliest latest by one month after the agreement carried out with the

BSNL Mehsana for execution of works for repairing of EPBT amp CLIP Instruments in

Mehsana SSA failing which the decision of the competent authority will be binding on us

To be signed by all Partners directors

38 Signature of the Contractor

ANNEXURE ndash VI

LETTEROF AUTHORISATION FOR ATTENDING BID OPENING

Tender Number MMTenderMehsana2016-1706 Dated 26102016

Subject Authorisation for attending bid opening on___________________(date) the

tender of following persons are hereby authorised to attend the bid opening

for the tender mentioned above on behalf of ______________________

(Bidder) in order of preference given below

Order of Preference Name

Specimen Signatures

I

II

Alternate

Representative

Signatures of

bidder

Or

Officer authorised to sign the bid

Documents on behalf of the bidder

No 1 Maximum of two representatives will be permitted to attend bid opening In

case where it is restricted to one first preference will be allowed Alternate

representative will be permitted when regular representatives are not to able

attending

2 Permission for entry to the hall where bids are opened may be refused in case

authorisation as prescribed above is not recovered

39 Signature of the Contractor

ANNEXURE ndash VII

INTEGRITY PACT

Between

Bharat Sanchar Nigam Limited (BSNL) GMTD-Mehsana hereinafter referred to as ldquoThe

Principalrdquo

And

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphereinafter referred to as ldquoThe BidderContractorrdquo

Preamble

The Principal intends to award under laid down organizational procedures contracts for --

----------------------------------------- The Principal values full compliance with all relevant

laws and regulations and the principles of economic use of resources and of fairness and

transparency in its relations with its Bidders and Contractors

In order to achieve these goals the Principal will appoint an Independent External Monitor

who will monitor the tender process and the execution of the contract for compliance with

the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to

observe the following principles -

(a) No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for

or accept for himherself or third person any material or immaterial benefit which heshe

is not legally entitled to

(b) The Principal will during the tender process treat all Bidder(s) with equity and reason

The Principal will in particular before and during the tender process provide to all

Bidder(s) the same information and will not provide to any Bidder(s)

confidentialadditional information through which the Bidder(s) could obtain an advantage

in relation to the tender process or the contract execution

(c) The Principal will exclude from the process all known prejudiced persons

(2) If the Principal obtains information on the conduct of any of its employees which is a

criminal offence under the relevant Anti-Corruption Laws of India or if there be a

substantive suspicion in this regard the Principal will inform its Vigilance Office and in

addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder(s)Contractor(s)

(1) The Bidder(s)Contractor(s) commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation

in the tender process and during the contract execution

(a) The Bidder(s)Contractor(s) will not directly or through any other person or firm offer

promise or give to any of the Principalrsquos employees involved in the tender process or the

40 Signature of the Contractor

execution of the contract or to any third person any material or immaterial benefit which

heshe is not legally entitled to in order to obtain in exchange any advantage of any kind

whatsoever during the tender process or during the execution of the contract

(b) The Bidder(s)Contractor(s) will not enter with other Bidder(s) 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

(c) The Bidder(s)Contractor(s) will not commit any offence under the relevant Anti-

corruption Laws of India further the Bidder(s)Contractor(s) will not use improperly for

purposes of competition or personal gain or pass on to others any information or

document provided by the Principal as part of the business relationship regarding plans

technical proposals and business details including information contained or transmitted

electronically

(d) The Bidder(s)Contractor(s) will when presenting his bid disclose any and all

payments he has made is committed to or intends to make to agents brokers or any other

intermediaries in connection with the award of the contract

(2) The Bidder(s)Contractor(s) will not instigate third persons to commit offences outlined

above or be an accessory to such offences

Section 3 ndash Disqualification from tender process and exclusion from future contracts

If the Bidder(s)Contractor(s) before contract award or during execution has committed a

transgression through a violation of Section 2 above or in any other form such as to put his

reliability or credibility in question the Principal is entitled to disqualify the

Bidder(s)Contractor(s) from the tender process or take action as per the defined procedure

Section 4 ndash Compensation for Damages

(i) If the Principal has disqualified the Bidder(s) from the tender process prior to the award

according to Section 3 the Principal is entitled to demand and recover the damages

equivalent to Earnest Money Deposit Bid Security

(ii) If the Principal has terminated the contract according to Section 3 or if the Principal is

entitled to terminate the contract according to section 3 the Principal shall be entitled to

demand and recover from the Contractor the amount equivalent to Security Deposit

Performance Bank Guarantee in addition to any other penalties recoveries as per terms

and conditions of the tender

Section 5 ndash Previous transgression

(i) The Bidder declares that no previous transgression occurred in the last 3 years with any

other Company in any country conforming to the Anti-corruption approach or with any

other Public Sector Enterprise in India that could justify his exclusion from the tender

process

(ii) If the Bidder makes incorrect statement on this subject he can be disqualified from the

tender process or action can be taken as per the defined procedure

Section 6 ndash Equal treatment of all BiddersContractorsSubcontractors

41 Signature of the Contractor

(i) The principal will enter into agreements with identical conditions as this one with all

BiddersContractors

(ii) The Bidder(s)Contractor(s) undertake(s) to demand from all subcontractors a

commitment in conformity with this Integrity Pact

(iii) The Principal will disqualify from the tender process all bidders who do not sign this

Pact or violate its provisions

Section 7 ndash Criminal charges against violating

Bidder(s)Contractor(s)Subcontractor(s)

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or

of an employee or a representative or an associate of a Bidder Contractor or

Subcontractor which constitutes corruption or if the Principal has substantive suspicion in

this regard the Principal will inform the Corporate Vigilance Office

Section 8 ndash External Independent MonitorMonitors

1 Principal appoints competent and credible Independent External Monitor for this Pact

The task of the Monitor is to review independently and objectively whether and to what

extent the parties comply with the obligations under this agreement

2 The Monitor is not subject to instructions by the representatives of the parties and

performs his functions neutrally and independently He reports to the CMD of the BSNL

3 The Bidder(s)Contractor(s) accepts that the Monitor has the right to access without

restriction to all Project documentation of the Principal including that provided by the

Contractor The Contractor will also grant the Monitor upon his request and demonstration

of a valid interest unrestricted and unconditional access to his project documentation The

same is applicable to Subcontractors The Monitor is under contractual obligation to treat

the information and documents of the Bidder(s)Contractor(s)Subcontractor(s) with

confidentiality

Notwithstanding anything contained in this Section the Bidder(s)Contractor(s) shall have

no obligation whatsoever to provide any internal costing mechanisms or any internal

financial or commercial data pursuant to any audit or review conducted by or on behalf of

the Principal Further the Bidder(s)Contractor(s) shall not be required to provide any data

relating to its other customers or any personnel or employee related date

4 The Principal will provide to the Monitor 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 Principal and the Contractor The parties offer to the

Monitor the option to participate in such meetings

5 As soon as the Monitor notices or believes to notice a violation of this agreement he

will so inform the Management of the Principal and request the Management to

discontinue or take corrective action or to take other relevant action The monitor can in

this regard submit non-binding recommendations Beyond this the Monitor has no right to

demand from the parties that they act in a specific manner refrain from action or tolerate

action

42 Signature of the Contractor

6 The Monitor will submit a written report to the Chairperson of the Board of the Principal

within 8 to 10 weeks from the date of reference or intimation to him by the lsquoPrincipalrsquo and

should the occasion arise submit proposals for correcting problematic situations

7 If the Monitor has reported to the CMD of the BSNL a substantiated suspicion of an

offence under relevant Anti-Corruption Laws of India and the BSNL has not within

reasonable time taken visible action to proceed against such offence or reported it to the

Corporate Vigilance Office the Monitor may also transmit this information directly to the

Central Vigilance Commissioner Government of India

8 The word lsquoMonitorrsquo would include both singular and plural

Section 9 ndash Pact Duration

This Pact begins when both parties have legally signed it It expires for the Contractor 12

months after the last payment under the contract and for all other Bidders 6 months after

the contract has been awarded

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 dischargeddetermined by

CMD BSNL

Section 10 ndash Other provisions

1 This agreement is subject to Indian Law Place of performance and jurisdiction is the

Registered Office of the Principal ie New Delhi The arbitration clause provided in the

tender document contract shall not be applicable for any issue dispute arising under

Integrity Pact

2 Changes and supplements as well as termination notice need to be made in writing

3 If the Contractor is a partnership or a consortium this agreement must be signed by all

partners or consortium members

4 Should one or several provisions of this agreement turn out to be invalid the remainder

of this agreement remains valid In this case the parties will strive to come to an agreement

to their original intensions

------------------------------------ ----------------------------------

For the Principal For the BidderContractor

Placehelliphelliphelliphelliphelliphelliphelliphellip Witness 1 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphellip Witness 2 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

43 Signature of the Contractor

Anexx-VIII

AGREEMENT

This agreement made on thishelliphelliphellip day of helliphelliphellip Yearhelliphelliphelliphellip Between hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphellipHerein after called ldquo The contractorrdquo (which expression shall unless excluded by or

repugnant to the context include its successors heir executors administrative representative and

assignee) of the one part amp the BSNL (GMTD Mehsana) herein after referred to as the BSNL of

other part Tender No MMTenderMehsana2016-1706 Dated 26102016

Where as the contractor has offered to enter with the said BSNL for the contract for repairing of

EPBT amp CLIP Plan instruments amp Buttons Key in Mehsana SSA Mehsana Telecom District on

the terms and conditions herein contained and the rates approved by the BSNL (copy of rates

annexed) have been dully accepted and whereas the necessary security deposit have been furnished

in accordance with the provision of the tender documents and whereas no interest will be claimed

on the security deposit Now these presents witness and it is hereby agreed and declared by and

between the partiesrsquo presents as follows

(1) The contractor shall during the period of this contract that is to say fromhelliphelliphelliphelliphellipTo

helliphelliphelliphellip or completion of work whichever is earlier or until this contract shall be

determined by such notice as is herein after mentioned safely carried out by means of

Labours employed at his own expense and by means of tools implements of equipments

etc to be supplied by him to his Labours at his own expense all work of repairing of

EPBT amp CLIP instruments as described in tender documents (annexed to the agreement)

when the BSNL or any other person authorized by GMTD Mehsana in that behalf require it

is under stood by the contractor that the quantity of work mentioned in the schedule is

likely to change as per actual requirement as demanded by exigencies of service

(2) The Notice Inviting Tender Bid documents (qualifying and financial) letter of intent

approved rates annexed here to and such other additional particulars instructions

drawings work orders as may be found requisite to be given during execution of work

shall be deemed and taken to be an integral part of the contract and shall be deemed to be

included in the expression ldquoThe agreement) or ldquoThe Contractrdquo wherever herein used

(3) The contractor also supplies the requisite number of workmen with means and materials as

well as tools appliances vehicles for transportation cartage etc required for the proper

execution of work within the prescribed in the work orders

(4) The contractor hereby declares that no body connected with or in the employment of the

BSNL is notshall not ever be admitted as partner in the contract

(5) The contractor shall abide by the terms and conditions rules guide lines constructions

particulars safety precautions etc stipulated in the tender documents including any

correspondence between the contractor and the BSNL having bearing on execution of work

and payments of work to be done under the contract

In witness whereof the partiesrsquo presents have here in to set their representative hands and

seals the day and year in

Signed sealed amp Delivered by

The above named contractor in the presence of

Above written

Witness

(1)

(2) Signed and delivered on behalf of BSNL

Witness

(1)

(2)

44 Signature of the Contractor

ANNEXURE-IX - UNDERTAKING

This deed of undertaking executed on this helliphelliphellip day ofhelliphelliphelliptwo thousand andhelliphellip

by (name of sole proprietorpartnerdirectorauthorized representative the firm

company trust society etc)helliphelliphelliphelliphelliphelliphelliphelliphelliphellipSO helliphelliphelliphelliphelliphelliphelliphellip

residing athelliphelliphelliphelliphelliphelliphelliphelliphelliphellipOn behalf of said helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of the firm company Trust Society etc) having its office athelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

and dully authorized to sign file and verify present undertaking by the said hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of Firm company Society etc) in favour of Bharat Sanchar Nigam Ltd a

Government Of India undertaking having its registered office at Statesman

HouseB-148 Barkhamba Road New Delhi and local office at Administrative

Building Sanchar Bhawan BSNL Pilaji Ganj Mehsana-1 here in after called

BSNL (which terms shall mean and include its successors administrators heirs and

assigns Where as MS BSNL invited bids for repairing of EPBT amp CLIP instruments in Mehsana SSA

IWe participated in the bidding process and emerged as successful bidder with respect to tender No

MMTenderMehsana2016-1706 Dated 26102016

IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Acknowledge that IWe have fully under

stood and aware of the terms amp conditions of the Tendercontract and do hereby unequivocally and

unconditionally undertake and declare that

(1) IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip shall comply with all

the rulesRegulationsLawsGovernment instructionsstatus etc that are

applicable will be made applicable and or are aimed to protect the interest of

the workersemployees engaged by meus in the past and during the course of

performance of the contract with BSNL

(2) IWe shall fully protect indemnity and hold harmless BSNL and its employees

officers Directors agents judgments damages fines penalties and costs

(including legal costs and disbursements) arising from or relating to

Any breach violation of any direction order from any governmental

authority any provisions of the labour laws or any other laws status or

regulations that are or will be aimed to protect the interest of the

workersLabours engaged by the contractors in past and during the

course of this contract

OR

Any other payments claims or liability that may arise for ensuring

compliance of the provisions of any of the labour laws or any other laws

etc OR

Any other claim made by any third party in connection with any violation

of any laws guide lines instructions etc

In witness whereof this undertaking has caused on thehelliphelliphelliphelliphelliphellip

DayhelliphelliphelliphelliphellipMonth ofhelliphelliphellip Year

Date

Place

Signature

Name

Designation

Witness 1 2helliphelliphellip

45 Signature of the Contractor

ANNEXURE-X

E-Tendering Instructions to Bidders

These Special Instructions (for e-Tendering) supplement lsquoGeneral instructions to Biddersrsquo as enclosed in Section IV of this E-Tender Document Wherever there is a conflict the provisions herein shall prevail over those in other pages of this document

Submission of Bids only through online process is mandatory for this Tender

For conducting electronic tendering BSNL Mehsana is using the portal

(httpeprocurementsynisecombsnl1gujarat) of Ms Synise Technologies ltd Pune A - Submission of tender

1 The bidding process will be accepted only through e-tendering platform 2 Availability of e-tendering document e-tender document can be obtained by

downloading it from the website httpeprocurementsynisecombsnl1gujarat the

physical copy of the Tender document would not be available for sale

3 The Tender document shall not be available for download on its submissionclosing date B - General 1 Tender Bidding Methodology

Sealed Bid System ndashldquoSingle Stage using two envelopsrdquo

In this case of two envelope system Financial amp Techno-commercial bids shall be

submitted by the bidder at the same time

2 Broad outline of activities from Bidders prospective

1 Procure a Digital Signing Certificate (DSC)

2 Register on Electronic Tendering System (RETS)

3 Create Users and assign roles on ETS

4 View Notice Inviting Tender (NIT) on ETS

5 Download Official Copy of Tender Documents from ETS

6 Clarification to Tender Documents on ET Query to BSNL (Optional)

View response to queries posted by BSNL as addenda

7 Bid-Submission on ETS

8 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Techno-commercial Part

9 View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond to BSNLrsquos Post-TOE queries

10 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Financial-Part (Only for Technical Responsive Bidders)

For participating in this tender online the following instructions need to be read

carefully These instructions are supplemented with more detailed guidelines on

the relevant screens of the ETS

3 Digital Certificates

For integrity of data and its authenticity non-repudiation of electronic records and be compliant with IT Act 2000 it is necessary for each user to have a Digital Certificate (DC) also referred to as Digital Signature Certificate (DSC) of Class 2 or above issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer httpwwwccagovin]

4 Registration

To use the Electronic Tenderreg portal ( httpeprocurementsynisecombsnl1gujarat) vendor needs to register on the

46 Signature of the Contractor

portal Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e-tendering activities In ETS terminology this person will be referred to as the Super User (SU) of that organization For f u r ther details

p lease v is i t the websiteportal and follow further instructions as given on the site You may also contact tender wizard Helpdesk (as given below) to get your registration acceptedactivated Tender wizard Helpdesk

Telephone 020-30277517 020-30277522020-30277516

[between 1000 hrs to 1800 hrs on working days]

Mobile Nos Mr Hiren Pandar 7774013247 7774013248

E-mail ID helpdesksynisecom [Please mark CC

hirenpsynisecom]

BSNL Contact-1

BSNLrsquos Contact Person AGM MM Mehsana

Telephone Mobile (02762-220855222900)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID agmmmmehbsnlin

BSNL Contact-2

BSNLrsquos Contact Person SDE MM-Mehsana

Telephone Mobile (02762-221855)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID mehsdemm2bsnlin 5 Bid related Information for this Tender (Sealed Bid)

The entire bid-submission would be

online on ETS Broad outline of

submissions are as follows

Submission of digitally signed copy of Tender DocumentsAddendumaddenda

Two Envelopes

Techno-commercial -Part

Financial-Part

Note -

i) If some document is not applicable for the bidder then he has to upload

scanned copy of paper mentioning ldquoThe document ltNamegt called vide

clause helliphelliphelliphelliphelliphelliphellip is not applicable on usrdquo

ii) If document asked for contains more than one page then all those pages may be uploaded in one PDF format file

iii) Please take care to scan documents such that the total size of

documents to be uploaded remains minimum However it shall be sole

responsibility of bidder that the uploaded documents remain eligible

6 Offline Submissions

The bidder is requested to submit the following documents offline to AGM (MM) 2nd Floor Sanchar Bhawan Pilaji Ganj Mehsana-384001 on or before the date amp

time of submission of bids specified in covering letter of this tender

47 Signature of the Contractor

document in a Sealed Envelope The envelope shall bear (name of the tender) the tender number and the words lsquoDO NOT OPEN BEFORErsquo (due date amp time)

1 EMD-Bid Security in Original

2 DD Bankers cheque against payment of tender fee

3 Power of attorney (if applicable) Note The bidder has to upload the Scanned copy of all above said documents during

online Bid submission also

7 Special Note on Security of Bids

Security related functionality has been rigorously implemented in ETS in a multi-dimensional manner Starting with Acceptance of Registration by the Service Provider provision for security has been made at various stages in Electronic Tenderrsquos software Security related aspects as regard Bid Submission are outlined below

As part of the Electronic Encryptertrade functionality the contents of both the lsquoElectronic Formsrsquo and the lsquoMain-Bidrsquo are securely encrypted using a Pass-Phrase created by the Bidder himself Unlike a lsquopasswordrsquo a Pass-Phrase can be a multi-word sentence with spaces between words (eg I love this World) A Pass-Phrase is easier to remember and more difficult to break It is recommended that a separate Pass-Phrase be created for each Bid-Part This method of bid- encryption does not have the security and data-integrity related vulnerabilities which are inherent in E-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid- encryption Bid-encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE) even if there is connivance between the concerned tender- opening officers of the Buyer organization and the personnel of e-tendering service provider

Typically lsquoPass-Phrasersquo of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself when demanded by the concerned Tender Opening Officers who will open the bid Else Tender Opening Officer may authorize the bidder to open his bid himself There is an additional protection with SSL Encryption during transit from the client-end computer of a Supplier organization to the e-tendering server portal

8 Public Online Tender Opening Event (TOE)

ETS offers a unique facility for lsquoPublic Online Tender Opening Event (TOE)rsquo Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices For this purpose representatives of bidders (ie Supplier organization) dully authorized are requested to carry a Laptop and Wireless Connectivity to Internet Every legal requirement for a transparent and secure lsquoPublic Online Tender Opening Event (TOE)rsquo has been implemented on ETS As soon as a Bid is decrypted with the corresponding lsquoPass-Phrasersquo as submitted online by the bidder himself (during the TOE itself) salient points of the Bids are simultaneously made available for downloading by all participating bidders The work of taking notes during a manual lsquoTender Opening Eventrsquo is therefore replaced with this superior and convenient form of lsquoPublic Online Tender Opening Event (TOE)rsquo ETS has a unique facility of lsquoOnline Comparison Chartrsquo which is dynamically updated as each online bid is opened The format of the chart is based on inputs provided by the Buyer for each Tender The information in the Comparison Chart is based on the data submitted by the Bidders in electronic forms A detailed Technical and or Financial Comparison Chart enhances Transparency Detailed instructions are given on relevant screens

48 Signature of the Contractor

ETS has a unique facility of a detailed report titled lsquoMinutes of Online Tender Opening Event (TOE)rsquo covering all important activities of lsquoOnline Tender Opening Event (TOE)rsquo This is available to all participating bidders for lsquoViewing Downloadingrsquo

There are many more facilities and features on ETS For a particular tender the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer

NOTE In case of internet related problem at a bidderrsquos end especially during lsquocritical

eventsrsquo such as ndash a short period before bid-submission deadline during online

public tender opening event etc it is the bidderrsquos responsibility to have backup

internet connections In case there is a problem at the e- procurement

service-providerrsquos end (in the server leased line etc) due to which all the

bidders face a problem during critical events and this is brought to the notice

of BSNL by the bidders in time then BSNL will promptly re-schedule the

affected event(s)

9 Other Instructions

For further instructions the vendor should visit the home-page of the portal

( httpeprocurementsynisecombsnl1gujarat) and go to the User-Guidance Center The help information provided through lsquoETS User-Guidance Centerrsquo is available in three categories ndash

Users intending to Register First-Time Users Logged-in users of Buyer organizations and Logged-in users of Supplier organizations Various links are provided under each of the three categories Note It is strongly recommended that all authorized users of Supplier

organizations should thoroughly peruse the information provided under the

relevant links and take appropriate action This will prevent hiccups and minimize

teething problems during the use of ETS

The following lsquoFOUR KEY INSTRUCTIONS for BIDDERSrsquo must be assiduously adhered to

1 Obtain individual Digital Signing Certificate (DSC or DC) well in advance of

your first tender submission deadline on ETS

2 Register your organization on ETS well in advance of your first tender submission deadline on ETS

3 Get your organizationrsquos concerned executives trained on ETS well in advance of your first tender submission deadline on ETS

4 Submit your bids well in advance of tender submission deadline on ETS as

there could be last minute problems due to internet timeout breakdown etc

While the first three instructions mentioned above are especially relevant to first-time users of ETS the fourth instruction is relevant at all times

10 Minimum Requirements at Bidders end

Computer System with good configuration (Min P IV 1 GB RAM Windows XP)

Broadband connectivity

Microsoft Internet Explorer 60 or above

Digital Certificate(s) for users

49 Signature of the Contractor

ANNEXURE-III

RATE SHEET

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Rate should be quoted in below Rate Sheet

Sr

No

Rates Quoted By Bidder With Respect to SOR (Schedule Of Rate)

Particulars In Figure In Words

1 Above Of SOR

2 Below Of SOR

3 AT PAR

[At Same Rates of SOR]

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

Signature of the Bidder with Seal

Note

1 All faulty instruments are to be repaired except fully broken or fully burnt due to

electric hazards

2 The work may be offered to more than one contractor if required

Signature of the Tenderer with seal

Full Name _____________________

Full Address________________________

  • TABLE OF CONTENTS
    • CERTIFICATE REGARDING NEAR RLATIVES
      • LETTEROF AUTHORISATION FOR ATTENDING BID OPENING
      • Signed sealed amp Delivered by
      • Above written
        • ANNEXURE-IX - UNDERTAKING

20 Signature of the Contractor

intended to be used for the execution of the contract or any part thereof paying or

allowing for the same amount at the contract rates or in the case of these not being

applicable at current market rates to be certified by the Designated official whose

certificate thereof shall be final otherwise the Designated official by notice in writing may

order the contractor or his clerk of the works foremen or other authorized agent to remove

such tools plants materials stores from the premises (within and time to be specified to

comply with any such requisition the Designated official may remove them all at

contractors expense or sell them by auction or private sale on account of the contractor and

it his risk in all respects and the certificate of the Designated official as to the expense of

any such removal and the amount of the proceeds and expenses of any such sale shall be

final and conclusive against the contractor

27 If the contractor shall desire an extension of time for completion of the work on the

grounds of his having been unavoidably hindered in its execution or on any other ground

he shall apply in writing to the Designated official within seven days of the date of

hindrance on account of which he desired such extension as aforesaid and the Designated

official shall if in his opinion (which shall be final) reasonable grounds be shown

therefore authorize such extension of time if any as may in his opinion be necessary or

proper

28 If at any time after the commencement of the work the company for any reason

whatsoever not require the whole thereof as specified in the tender to be carried out the

Designated official shall give notice in writing of the fact to the contractor who shall have

no claim to any payment of compensation whatsoever on account of any profit or

advantage which he might have derived from the execution of the work in full but which

he did not derive in consequence of the full amount of the work not having been carried

out neither shall he have any claim for compensation by reason of any alterations having

been made in the original specifications drawings designs and instructions which shall

involve any curtailment of the work as originally contemplated

29 INSPECTION

All work under or in course of execution or executed in pursuance of the contract shall at

all times be open to the inspection and supervision of the Designated official and his

authorized subordinates and the contractor shall at all times during the usual working hours

and at all other times at which reasonable notice of the intention of the Designated official

or his subordinate visit the works shall have been given to the contractor either himself be

present to receive order and instructions or have a responsible agent duly a credited in

writing present for that purpose Orders given to the contractors agent shall be considered

to have the same force as if they had been given to the contractor himself

30 WORKMENS COMPENSATION

In every case in which by virtue of the provisions of section 12 sub-section

(i) of the workmenrsquos compensation Act 1923 Company is obliged to pay compensation to

a workman employed by the contractor in execution of the works Company will recover

from the contractor the amount of the compensation so paid and without prejudice to the

rights of the Company under section 12 Sub section

(ii) of the said Act Company shall be at liberty to recover such amount or any part thereof

by deducting it from the security deposit or from any sum due by the company to the

contractor whether under this contract or otherwise Company shall not be bound to contest

21 Signature of the Contractor

any claim made against it under section-12 subsection (i) of the said Act except on the

written request of the contractor and upon his giving to company full security for all costs

for which Company might become liable in consequence of contesting such claim

31 LABOUR WELFARE

311 In every case in which by virtue of the provisions of the contract Labour (Regulation

and Abolition) Act 1970 and of the contract labour (Regulation and abolition) Central

Rules 1971 Company is liable to pay any amounts of wages to a workman employed by

the contractor in execution of the works or to incur any expenditure in providing welfare

and health amenities required to be provided under the above said Act and the Rules under

clause 19 to 19 J and 20 of PWD-8 or under the CPWD Contractors Labour

Regulations or under the Rules framed by Government from time to time for the

protection of health and sanitary arrangements for workers employed by CPWD

contractors company will recover from the contractor the amount of wages so paid or the

amount of expenditure so incurred and without prejudice to the right of the Government

under section 20 sub-section (ii) and section 21 sub-section (4) of the contractor Labour

(Regulation and Abolition) Act 1970 company shall be at liberty to recover such amount or

any part thereof by deducting it from the security deposit or from any sum due by the

company to the contractor whether under this agreement or otherwise company shall not

be bound to contest any claim made against it under section 20 except on the written

request of the contractor and upon his giving to the company full security for all costs for

which Government might become liable in contesting such claim

312 The contractor shall obtain a valid licence (If required depending upon the number of

persons engaged and the nature of the work intended) under the contract Labour (RampA)

Act 1970 and the contract labour (R amp A) Central Rules 1971 before the commencement

of the work and continue to have a valid license until the completion of the work

313 Any failure to fulfill this requirement shall attract the penal provisions of this

contract arising out of the resultant non-execution of the work

314 No person below the age of (18) eighteen years shall be employed on the work

32 FAIR WAGES

(a) The contractor shall pay to persons employed by him either directly or through sub-

contractor wages not less than fair wages as defined in the CPWD Contractors Labour

(Regulations and Abolition) Act 1970 and the contract labour (Regulation and Abolition)

Central Rules 1971 wherever applicable

(b) The contractor shall notwithstanding the previsions of any contract to the contrary

cause to be paid fair wages to persons indirectly engaged on the work including any

labour engaged by his sub contractor in connection with the said work as if the labour had

been immediately employed by him

(c) The General Manager Telecom District MEHSANA or his subordinate officer

concerned shall have the right to deduct from the money due to the contractor any sum

required or estimated to be required for making good the loss suffered by a worker or

workers by reasons of non-fulfillment of the conditions of the contract for the benefit of

the workers non payment of wages or of deduction made from his or their wages are not

justified by their terms of the contract or non-observance of the Regulations

22 Signature of the Contractor

(d) The contractor shall comply with the provisions of the payment of wages Act 1936

Minimum wages Act 1948 Employees Liability Act 1938 Workmenrsquos compensation Act

1923 Industrial Disputes Act 1947 Maternity Benefits Act 1961 and the contractorrsquos

Labour (regulation and abolition) Act 1970 or the modifications there of or any other laws

relating thereto and the rules made there under from time to time

(e) The contractor shall indemnify Government against payments to be made under and

for the observance of the laws aforesaid without prejudice to his right to claim indemnity

from his sub-contractors

(f) The regulations aforesaid shall be deemed to be a part of this contract and any breach

thereof shall be deemed to be a breach of this contract

33 OTHER LABOUR WELFARE MEASURES

The contractor shall comply with all the provision of the Minimum wages Act 1948

Contractor Labour (R amp A) Act 1970 and rules framed and other labour laws affecting

contract labour that may be brought into force from time to time

34 The contract shall not assign or sublet without the written approval of the GMTD

MEHSANA or his nominated representative and if the contractor shall assign or sublet his

contract or attempt so to do or become insolvent or commence any insolvency proceeding

or make any composition with his creditors or attempt so to do or if any bribe gratuity

gift loan perquisite reward or advantage pecuniary or otherwise shall either directly or

indirectly be given promised or offered by the contractor or any of his servants or agent to

any public officer or person in the employ of Government in any way relating of his office

or employment or if any such officer or person shall become in any way directly or

indirectly interested in the contract the Designated official on behalf of the President of

India shall have power to adopt any of the coursed specified in clause 24 as he may deem

best suited in the interest of Government and in the event of any of these course being

adopted the consequences specified in the said clause 24

35 All sums payable by way of compensation under any of these conditions shall be

considered as reasonable compensation to be applied to the use of Government without

reference to the actual loss or damage sustained and whether or not any damage shall have

been sustained

36 PARTNERSHIP FIRMS

Where the contractor is a partnership firm the previous approval in writing of the

Designated officialnominated representative shall be obtained before any change is made

in the constitution of the firm Where the contractor is an individual or a Hindu undivided

family business concern such approval as aforesaid shall like wise be obtained before the

contractor enters into any partnership agreement where under the partnership firm would

have the right to carry out the work hereby undertaken by the contractor If previous

approval as aforesaid is not obtained the contract shall be deemed to have been assigned in

contravention of Clause hereof and the same action may be taken and the same

consequence shall ensure as provided in the said clause

37 All works to be executed under the contact shall be executed under the direction and

subject to the approval in all respected of the Designated official who shall be entitled to

direct at what point or points and in what manner they are to be commenced and from time

to time carried on

23 Signature of the Contractor

38 Whenever any claim against the contractor for the payment of a sum or money arises

out of or under the contract Government shall be entitled to recover such sum by

appropriating in part or whole the security deposit of the contractor and to sell any

Government Promissory Notes etc forming the whole or part of such security In the event

of the security being insufficient or if no security has been taken from the contractor then

the balance or the total sum recoverable as the case may be shall be deducted from any

sum then due or which at any time thereafter may become due to the contractor under this

or any other contract with Government Should this sum be not sufficient to cover the full

amount recoverable the contract shall pay to Government on demand the balance

remaining dues

39 AUDITS AND TECHNICAL EXAMINATION

391 Company shall have the right to cause an audit and technical examination of the

works and the final bills of the contractor including all supporting vouchers abstract etc to

be made after payment of the final bill and if as a result of such audit and technical

examination any sum is found to have been overpaid in respect of any work done by the

contractor under the contract or any work claimed by him to have been done by him under

the contract and found to have amount of over payment and it shall be liable to refund the

amount of over payment and it shall be lawful for Company to recover the same from him

in the manner prescribed or in any other manner legally permissible and if it is found that

the contractor was paid less than what was due to him under the contract in respect of any

work executed by him under it the amount of such under payment shall be duly paid by

Company to the contractor

392 Any sum of money due and payable to the contractor (including Security Deposit

returnable to him) under this contract may be appropriated by the Company and set off

against any claim of the Company for the payment of a sum or money arising out of or

under any other contract made by the contractor with the Company

40 Contractor shall not enter into agreement with any other unit on approved tender of

GMTD MEHSANA without prior approval of the General Manager Telecom District

MEHSANA

41 Without prejudice to any of the rights or remedies under this contract if the contractor

dies the GMTD MEHSANA on behalf of the company shall have the option of

terminating the contract without compensation to the contractor

42 No Engineer of gazetted rank or other gazetted officer employed in Engineering or

administrative duties in an Engineering Department of the Government of India is allowed

to work as contractor for a period of two years of his retirement from Government service

without the prior permission of Government of India This contract is liable to be canceled

if either person who had not obtained the permission of Government of India as aforesaid

before submission of the tender or engagement in the contractors service as the case may

be

43 COMPENSATION FOR DELAY The time allowed for carrying out the work as

mentioned shall be strictly observed by the contractor and shall be deemed to be of the

essence of the contract on the part of the contractor However for special jobs if the

contractor has submitted a time schedule and the same has been accepted by the designated

officialnominated representative of the company the contractor shall comply with the

said time schedule

24 Signature of the Contractor

44 TIME LIMIT amp LIQUIDATED DAMAGE CHARGES

441 It will be at the discretion of the GMTD MEHSANA to revise or modify or extend

the time limits specified for the total work awarded to the contractor or to further specify

the quantum of work to be completed within a specified period provided a written request

has been received from the contractor explaining the reasons for which such extension of

time is asked for and the GMTD MEHSANA in the particular case is convinced and

satisfied that such extension or revision or modification is in the interest of the

Government In such cases payment of liquidated damage as compensation for delay

becomes liable based on such revised or modified or extended time limits and the

conditions under which such extension or modification or revision has been made

Liquidated damage will be charged as per Special Condition clause No2 amp 3 read as

under

1 Delay in collection - Rs5- per instrument per week or part there of for entire lot of

unserviceable instruments collected delayed subject to a maximum Rs20- per instrument

in case timely collection is not done as per 2(b) of special conditions

2 Delay in delivery- Rs2- per week or part there of on the entire lot of instruments

delivered delayed in case of delivery not made timely as per Para 3 of Special conditions

442 The contractor shall have to complete the contractual work within stipulated period

and it is very clearly understood between the parties that the time is made the essence of

contract

45 The Company assumes no responsibility whatever for any oral understandings or

representations made by any its officers or agents or servants prior to the execution of the

contract and all previous negotiations and understandings are hereby canceled

46 STORERSMATERIAL SUPPLIED BY THE GOVERNMENT

All materials supplied to the contractor by the company shall remain the absolute

property of Company and shall not be removed from site of the work except for use in the

work and shall be at all times open to inspection by Designated official

47 In the event of the contractor being adjudged insolvent or going voluntarily into

liquidation or having received order or other order under insolvency Act made against him

or in the case of a company of the passing of any resolution or making of any order for

winding up weather voluntarily or otherwise or in the event of the contractor failing to

comply with any of the conditions herein specified the GMTDMEHSANA shall have

the power to terminate the contract without previous notice

48 ACCEPTANCES AND MEASUREMENT

481 It is important that the work carried out by contractor is approved by the designated

official nominated representative of the company

482 The designated official nominated representative of the Govt and the contractor or

his authorized representative will certify under their signature at the appropriate places that

the work carried out is as per the specification

49 PRICE VARIATION

25 Signature of the Contractor

The Company shall not be responsible for any escalation in prices of labour or materials

machinery equipment etc whatsoever or any increase in any duties levies or taxes in

respect thereof whatsoever and the contractor rates and contractors obligations shall

remain unaffected by such escalation and or increases

50 FORCE MAJEURE

In the event of either party being rendered unable by force majeure to perform this

contract than the obligations of the party effected by such force majeure shall be

suspended for the whole period during which such cause lasts and until normal operation

are resumed and when such cause ends the execution of this contract must be resumed

with all responsible dispatch should the execution of this contract be suspended by force

majeure than a corresponding extension of the completion date shall be automatically

granted The occurrence of a cause of force majeure however shall not relieve the

company and its obligation to make payment to the contractor for the work satisfactorily

executed prior thereto The terms force majeure as employed herein shall mean act of God

war declared or undeclared hostilities enemy actions revolts riots legal lock outs and

eligible strikes tidal waves forest fires major floods explosions earth quakes epidemics

sabotage extra ordinary act and Regulation of central or state Government or Municipality

Bodies Upon the occurrence of such causes and its termination the parties rendered unable

as aforesaid shall notified the other party in writing within 72 hours of the beginning and

ending dates giving full particulars and evidences if required

51 PAYMENTS

The contractor shall prepare the bills claiming shown as labour cost and material cost

separately The contractor shall submit the bills within 30 days after completion of the

work duly certified by the designated officialnominated representative of company

GMTD MEHSANA has full right to disallow the payment of the bills received after 30

days of completion of work

52 The GMTD MEHSANA may however at his discretion allow the contractor to

submit fortnightly bills or at the end of each work

53Income tax at the rate in force at that time would be deducted from his payments of bills

as Tax deducted at source However if any new legislation comes into effect for

deduction of tax at source at any other rate deduction will be made at that rate

The GMTD MEHSANA will issue necessary Income tax deduction certificate or the

Accounts Officer detailing the amount so deducted As Tax Deducted at Source at the time

of payment or each bill

54 The Tenderer should submit all requisite documents including EPF related documents

as per clause in tender terms amp conditions and special conditions along with the bill if

applicable

55 PAYMENT PROCEDURE

551 The bills are to be submitted in TRIPLICATE and in the manner and form that may

be prescribed by the GMTD MEHSANA from time to time ldquoAccounts Payeerdquo cheque

for amount passed in the bill will be issued only after the contractor gives a stamped

receipt for the amount unless the bills are pre-receipt Only Accounts Payee Cheques

drawn on the branch of the state bank of India or other bank in which the GMTD or the

26 Signature of the Contractor

Accounts Officer may be having drawing assignment account will make payments The

payments will be made either by the Accounts Officer or by any other official who at any

period of time may be convenient to the company

552 Any liquidated damages due shall also be recoverable from the bills submitted for the

payment by the aforesaid officer

553 The security deposit with the GMTD Shall be considered for adjustment against

liquidated damages only at the time of final conclusion of the contract and final settlement

of account

554 The GMTD MEHSANA will have e the right to recover liquidated damages for

delay or slow progress of the works from the bills submitted for payment

555 The final settlement of the bills and refund adjustmentappropriation of any amount

detained from the running bill of the contractor shall be made fully after the GMTD is

satisfied that all the contractual obligation have been fully met and no amount remain due

for recovery from the contractor on any count Unless there are specific reasons all

accounts are expected to be settled within a period of six months from the date of

completion of the works in all respects

56 FINAL ACCEPTANCE

If any of the work is found to be unsatisfactory by the designated officialnominated

representative of the govt the contractor shall be intimated in writing of the corrections

repairing to be carried out The contractor shall be required to correct all defects that

remain evident at any time prior to final acceptance of the contractors works by the

GMTD MEHSANA The cost of all such repairs and corrections shall be borne by the

contractor Failure or neglect on the part of the GMTD MEHSANA or his representative

to confirm or reject inferior work notwithstanding final acceptance of the work or any part

thereof by the company THE GMTD MEHSANA Designated official or his

representative shall not be construed to imply the acceptance of such work The provision

of this clause shall not in any way affect or limit the contractors liability under the

undertaking and guarantee contained in the contract documents

57 DISPUTES AND ARBITRATION

All dispute arising between the contractor and GMTD MEHSANA out of this contract

shall be referred to the sole arbitration in the following manners -

a) In case parties are unable to reach a settlement by themselves the dispute should be

submitted for arbitration in accordance with contract agreement

b) There should not be a joint submission with the contractor to the sole arbitrator

c) Each party should submit its own claimed severely and may oppose the claim put

forward by the other party

d) The onus of establishing his claims will be left to the contractor

e) His claim will be firmly resisted by utilizing all the evidence available with the

company

27 Signature of the Contractor

f) Once a claim has been included in the submission by the contractor a retraction or

modification thereof will be opposed

g) The Point of Defense will be based on actual condition of the contract

h) The question whether these conditions are equitable shall not receive any consideration

in the preparation of Points of Defense

i) The arbitrator shall not entertain claims in the nature of ex-gratia payments as these

are not contractual

j) If the contractor including such claims in his submission the fact that they are not

contractual will be prominently placed before the arbitrator

k) In case the amount involved is heavy the sole arbitrator may be within his rights to

conduct the defense by the government pleader

The award of the sole arbitrator shall be final and binding on the parties to the dispute It

is further agreed that reference to the sole arbitration of officer appointed as arbitrator is

conditions precedent and none will be entitled to move the court without referring the

matter to sole arbitrator

58 Contractor should produce latest Income Tax CertificateSales Tax registration

certificate

59GMTD Mehsana reserves the rights to terminate RRC for breach of

conditionconditions of the agreement after giving a show cause notice of 14 days and after

examining reply if any filed by him pursuance to show cause notice

60 GMTD Mehsana reserves the rights to engaged one or more contractors for this work

61 Rates to be quoted in ANNEXURE ndash III Financial Bid in separate sealed cover and

declaration to be given in ANNEXURE-II-A amp ANNEXURE ndash II B duly signed by all

partnersdirectors of the companyfirm

28 Signature of the Contractor

SECTION ndash V

SPCECIAL CONDITIONS

Work Orders shall be issued by concerned SDE approved by DE

1 Scope of the work Repairing of faulty electronic CLIP push button telephone

instruments buttons key including plan instrument It shall cover all instruments

including those having PCB Display of CLI and burnt out due to their connections

to powers inadvertently but excluding PBT with bakelite portion broken

discolored

2 Collection of faulty instruments

A For lifting of faulty instruments the minimum lot size will be of 20 units

the SDEexchange in charge will intimate the quantity of faulty instruments

accumulated with him over telephone or by FAX to the contractor

B The contractor shall ensure the collection of the faulty instruments within

three working days of the date at giving work order or intimation over telephone or

by FAX on working days between 10 AM to 17 PM at his cost

C The contractor shall acknowledge the receipt of the faulty instruments made

over to him

3 Duration of repair

A The contractor shall repair the faulty instruments at his own work-shop and

return the same to SDEexchange in-charge concerned at his own cost within one

week of its collection (for calculating one week the day of collection and day of

handing over will be inclusive)

B After carrying out repairs of the faulty instruments the contractor shall

offer the instruments to SDEExchange in-charge or JTO nominated by him for

inspection and testing one day before the expiry of schedule delivery date The

decision of the inspecting officer as to accept the repaired instruments will be final

and binding on contractor

C The contractor shall pack each repaired instrument suitably in a

polythene bag after polishingbuffing while returning them to SDE

D The contractor shall paste stiker with date of repairing on back side of

each repaired instrument while returning them to SDE

E The repaired instruments shall be returned back to the same SDEExchange

in-charge unless specified otherwise from where these instruments were collected

for repairs

4 Warranty repair

The contractor will undertake quality repair which will ensure the normal

troubledefect free performance of the instruments for a period of 12 months from

the date of inspection and clearance In case the repaired instruments develops

any defect or any deficiency or fault ie it becomes faulty during the warranty

29 Signature of the Contractor

period the contractor shall rectify repair and remedy such defects deficiency in the

repaired instruments at his own cost and expenses

5 A Method of evaluation

Tenders will be evaluated with reference to the total cost worked out by

multiplying rates quoted by Tenderer with approximate number of EPBT amp

CLIP Instruments as shown in the price bid

B Reports

1 The contractor shall furnish a summary of fault found and namedetails of

the components replaced in the instruments repaired while offering them for

inspection

2 The contractor shall also furnish a quarterly analysis of faulty and repaired

batch wise as per Annexure-I

6 Quality of components

The contractor shall use good quality components for repairs of the instruments

The replaced parts should be purchased by the contractor from DOT approved

source s

7 Liquidated damage

1 Delay in collection Rs 5- per instruments per week or part thereof for

entire lot of unserviceable instruments collected delayed subject to a

maximum of Rs 20- per instruments In case timely collection is not don as

per Para 2(B) above

2 Delay in delivery Rs2 per instrument per week or part thereof on the

entire lot of instruments delivered delayed in case delivery not made timely

as per Para 3 above

8 Quantum of EMD and PSD

EMD as per NIT - to be paid either in cash or in form of DDBankerrsquos

ChequePay Order from NationalizedScheduled Bank in favour of Accounts

Officer (Cash) BSNL Oo GMTD ndash Mehsana payable at Mehsana

Performance Security Deposit 10 of estimated cost of tender payable either in cash or DD or in form of Bank guarantee

from Nationalized BankScheduled Bank for a period of 24 months which will be released or refunded after successful

completion of contract and no due pending against contractor 9 Extension of validity of RRC period Period of RRC will normally

be one year However GMTD Mehsana reserves the right to extend it for a further period of six months or one year or part

there of under the same rates and terms and conditions

Estimated cost for the second year or part there of shall be considered same as approved for first year or part

there of on pro-rata basis

30 Signature of the Contractor

10 Eligibility The bidder should have

Experience of repairing of CLIP or EPBT Instruments in DOTBSNLGovt

PSU Private SectorFirm for one year during last five years as per NIT

11 Documents to be submitted with Technical Bid (Qualifying Bid) to establish

their eligibility for bidding

111 Experience certificate (self attested copy) issued by not below the rank of DEAGM in

DOTBSNLGovtPSUPrivate SectorFirm as required under clause 10 above

112 Self attested Copy of registration of firm (not required for proprietorship)

113 For EPF particulars submit the EPF registration certificate if applicable

(If not applicable submit the clarification as to how not applicable and submit

undertaking on Non judicial stamp paper of Rs 50- regarding submission of it within

one month after the agreement with BSNL Mehsana) If the firms which are under

partnership deed Company Pvt Ltd shall have to submit EPF registration certificate

If not obtain they shall have to obtain the earliest and latest by the time of agreement

They shall have to submit necessary undertaking certificate for this in ANNEXURE-

VI

114 Self attested Copy of Registration particulars with Central Excise for Service Tax If

undertaking is given he shall have to submit within one month before agreement failing

which there will be no agreement (If Service tax is not applicable he shall have to

submit reasons as to how it is not applicable)

115 Partnership deed amp power of attorney who has signed the bid (self attested copy) if

applicable

116 Bio-data of Tenderer in ANNAXURE--IV

117 Declaration to be given in ANNEXURE-II A amp II B

12 Rates to be quoted in ANNEXURE-III In Financial Bid to be submitted separately

in sealed cover

13 GMTD Mehsana reserves the rights to terminate RRC for breach of condition

conditions of the agreement after giving a show cause notice of 14 days and after

examination reply if any filled by him pursuance to show cause notice

14 EPF contribution in respect of LabourEmployees employed by the contractor for

execution of works of BSNL if applicable The contractor will have to

fulfillcompliance of the provisions of EPF amp Misc provisions Act1952 amp Employees

provident fund scheme-1952 by the contractor in respect of LaboursEmployees

engaged by them for performing the work of BSNL while submitting the claim of bills

towards works executed by him if applicable he must accompany the

i List showing the details of LaboursEmployees engaged

ii Duration of their engagement

iii The amount of wages paid to such LaboursEmployees for the duration in question

iv Amount of EPF contribution (both employees amp employers contribution) for the

duration of engagement in question paid to the EPF authorities

31 Signature of the Contractor

v Copies of authenticated documents of payments of such contributions to

EPF authorities and a declaration for compliance of EPF Act 1952

15 The BSNL reserves the right to disqualify such bidders who have a record of not

meeting contractual obligation against earlier contracts entered into with the

BSNL MEHSANA

16 Multiple Vendor System -The BSNL Mehsana intends to limit the number

of technically amp commercially responsive bidders to (Maximum three) from

the list of such bidders arranged in increasing order of their evaluated rate

starting from the lowest for the purpose of award of work against this

tender The distribution of quantum of work among the bidders is as per

clause of Section ndash of tender document

ldquoHowever SSA Head Mehsana reserve the right for the award of contract amp

work of entire tendered quantity to the bidder with the lowest evaluated

ratesrdquo

17 NOTE-

Tender documents containing detailed description of work terms amp conditions can be

had from Asstt General Manager (MM) Oo GMTD Mehsana 2nd Floor Admn

Building Sanchar Bhawan Pilaji Ganj Mehsana-384001 between 10=00 hours to

17=00 hours from 26102016 to 17112016 on all working days

Asstt General Manager (MM) Oo GMTD Mehsana ndash 384001

32 Signature of the Contractor

SECTION ndashVI

1 Specification and Tentative Quantum of work for repairing of EPBT amp

CLIP (approximate)

Sr

No

Name of SDE Unit

[Concern Supervising

Authority]

Quantum of Works for Tender for repairing

of EPBT amp CLIP Instruments [In No]

CLIP Inst EPBT

Inst

Buttons

Key

Plan Inst

1 SDE P MEHSANA 750 900 3 5

2 SDE G MEHSANA 225 250 5 0

3 SDE G CHANASAMA 100 0 5 0

4 SDE G CHHATRAL 350 200 0 0

5 SDEP KADI 50 0 0 0

6 SDEG KADI 50 0 0 0

7 SDEP KALOL 750 450 7 0

8 SDEG KALOL 150 50 0 0

9 SDEP VIJAPUR 60 85 2 0

10 SDEG VIJAPUR 75 95 2 0

11 SDEG MNSGZR 50 80 3 0

12 SDEG KUKARWADA 50 75 2 0

13 SDEP VISNAGAR 350 200 5 0

14 SDEG VISNAGAR 150 75 4 0

15 SDEG VADNAGAR 100 25 4 0

16 SDEG SATLASANA 75 40 3 0

17 SDEG KHERALU 100 50 3 0

18 SDEP UNJHA 500 400 3 0

19 SDEG UNJHA 100 113 2 0

20 SDEP SIDHPUR 450 300 3 0

21 SDEG SIDHPUR 200 200 5 0

22 SDEP PATAN 350 150 5 0

23 SDEG PATAN 100 50 5 0

24 SDEG HRJSAMI 100 50 4 0

Total 5235 3838 75 5

33 Signature of the Contractor

SECTION ndashVII

STANDARD SCHEDULE OF RATE (SOR) FOR REPARING OF EPBT

AND CLIP INSTRUMENT IN MEHSANA TELECOM DISTRICT (MEHSANA SSA)

To

GMTD Mehsana

Sub - Our Financial Bid for repairing of EPBT amp CLIP Instruments in Mehsana SSA

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Sir

Having examined the tender documents terms amp conditions specification of work

stipulated there in IWe the undersigned offer our rates in percentage as under

Brief description of items for

Repairing under ARC

Approx Quantity to be

repaired under ARC

SOR Per Instrument

(a) (b) (c)

(1) Repairing of CLIP Telephones

instruments

5235 No Rs 55-

(2) Repairing of Electronics Push

Button Telephones (EPBT)

3838 No Rs 23-

(3) Repairing of Buttons Key

75 No Rs 26-

(3) Repairing of Plan Instruments

5 No Rs 39-

Note- The Quantity of Clip instrument ( 5500) may be consider which AMC will be expired as per given below -

(1) AMC of 1400 PTPL instrument may be expired on 23092016

(2) AMC of 3100 PTPL instrument may be expired on 21012017

(3) AMC of 1000 PTPL instrument may be expired on 25032017

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

34 Signature of the Contractor

ANNEXURE-I

Fault analysis report of instruments of quarter ending

No of faulty

instruments

with

contractor at

the

beginning of

the period

No of faulty instruments

received by contractor

during the quarter

No of faulty instruments

repaired and returned to

Depot officer

CF No of

faulty

instruments

with

contractor

In warranty Out of

warranty

In warranty Out of

warranty

1

2

Nature of Fault

Type No Of instruments

No

dial

tone

Dial

faulty

No

ring

Poor

speechdisturbance

Dead Display

Fault

No fault

foundMisc

In

warrant

Out of

warranty

Repairing carried out

Type Faults in

TransmitterReceiver Ringer Contract

foil

PCB

Fault

Disply No fault

foundMisc

In

warrant

Out of

warranty

35 Signature of the Contractor

ANNEXURE ndashII

DECLARATION

(TO BE SUBMITTED WITH TECHNICAL BID)

IWe hereby declare that IWe have carefully gone through the Terms amp Conditions of

Tender Notice Invited vide No MMTenderMehsana2016-1706 Dated 26102016 in

detail and agree to the rate submitted by MeUs in the rate sheet and IWe agree in full to

abide by them

1) Signature of the Party ___________________________________

Full Name ___________________________________

(In block letter) ___________________________________

2) Full address ___________________________________

___________________________________

___________________________________

___________________________________

Tele No (O)________________________________

(R)________________________________

3) Capacity in which the __________________________________

Tender is signed

Rubber stamp is required) __________________________________

__________________________________

Date Signature of the Tenderer with seal

36 Signature of the Contractor

ANNEXURE ndash IV

DECLARATION REGARDING EPF TO BE GIVEN ON NON-JUDICIAL STAMPS

PAPER OF RS 100-

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

I helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipProprietor of

Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip do here by declare

that I am the proprietor of my above firm I am carrying out the repairing of

EPBT amp CLIP my self I do not engage labour So EPF is not applicable to

me

However the decision of the competent authority shall be binding to me in

this regard

Name of the Bidder

Signature of the Bidder with Seal

37 Signature of the Contractor

ANNEXURE ndash V

Undertaking to be given for compliance of EPF Registration certificate

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

We the partners Directors of the firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Do here by undertake that if our tender is accepted we will submit the EPF Registration

certification at the earliest latest by one month after the agreement carried out with the

BSNL Mehsana for execution of works for repairing of EPBT amp CLIP Instruments in

Mehsana SSA failing which the decision of the competent authority will be binding on us

To be signed by all Partners directors

38 Signature of the Contractor

ANNEXURE ndash VI

LETTEROF AUTHORISATION FOR ATTENDING BID OPENING

Tender Number MMTenderMehsana2016-1706 Dated 26102016

Subject Authorisation for attending bid opening on___________________(date) the

tender of following persons are hereby authorised to attend the bid opening

for the tender mentioned above on behalf of ______________________

(Bidder) in order of preference given below

Order of Preference Name

Specimen Signatures

I

II

Alternate

Representative

Signatures of

bidder

Or

Officer authorised to sign the bid

Documents on behalf of the bidder

No 1 Maximum of two representatives will be permitted to attend bid opening In

case where it is restricted to one first preference will be allowed Alternate

representative will be permitted when regular representatives are not to able

attending

2 Permission for entry to the hall where bids are opened may be refused in case

authorisation as prescribed above is not recovered

39 Signature of the Contractor

ANNEXURE ndash VII

INTEGRITY PACT

Between

Bharat Sanchar Nigam Limited (BSNL) GMTD-Mehsana hereinafter referred to as ldquoThe

Principalrdquo

And

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphereinafter referred to as ldquoThe BidderContractorrdquo

Preamble

The Principal intends to award under laid down organizational procedures contracts for --

----------------------------------------- The Principal values full compliance with all relevant

laws and regulations and the principles of economic use of resources and of fairness and

transparency in its relations with its Bidders and Contractors

In order to achieve these goals the Principal will appoint an Independent External Monitor

who will monitor the tender process and the execution of the contract for compliance with

the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to

observe the following principles -

(a) No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for

or accept for himherself or third person any material or immaterial benefit which heshe

is not legally entitled to

(b) The Principal will during the tender process treat all Bidder(s) with equity and reason

The Principal will in particular before and during the tender process provide to all

Bidder(s) the same information and will not provide to any Bidder(s)

confidentialadditional information through which the Bidder(s) could obtain an advantage

in relation to the tender process or the contract execution

(c) The Principal will exclude from the process all known prejudiced persons

(2) If the Principal obtains information on the conduct of any of its employees which is a

criminal offence under the relevant Anti-Corruption Laws of India or if there be a

substantive suspicion in this regard the Principal will inform its Vigilance Office and in

addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder(s)Contractor(s)

(1) The Bidder(s)Contractor(s) commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation

in the tender process and during the contract execution

(a) The Bidder(s)Contractor(s) will not directly or through any other person or firm offer

promise or give to any of the Principalrsquos employees involved in the tender process or the

40 Signature of the Contractor

execution of the contract or to any third person any material or immaterial benefit which

heshe is not legally entitled to in order to obtain in exchange any advantage of any kind

whatsoever during the tender process or during the execution of the contract

(b) The Bidder(s)Contractor(s) will not enter with other Bidder(s) 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

(c) The Bidder(s)Contractor(s) will not commit any offence under the relevant Anti-

corruption Laws of India further the Bidder(s)Contractor(s) will not use improperly for

purposes of competition or personal gain or pass on to others any information or

document provided by the Principal as part of the business relationship regarding plans

technical proposals and business details including information contained or transmitted

electronically

(d) The Bidder(s)Contractor(s) will when presenting his bid disclose any and all

payments he has made is committed to or intends to make to agents brokers or any other

intermediaries in connection with the award of the contract

(2) The Bidder(s)Contractor(s) will not instigate third persons to commit offences outlined

above or be an accessory to such offences

Section 3 ndash Disqualification from tender process and exclusion from future contracts

If the Bidder(s)Contractor(s) before contract award or during execution has committed a

transgression through a violation of Section 2 above or in any other form such as to put his

reliability or credibility in question the Principal is entitled to disqualify the

Bidder(s)Contractor(s) from the tender process or take action as per the defined procedure

Section 4 ndash Compensation for Damages

(i) If the Principal has disqualified the Bidder(s) from the tender process prior to the award

according to Section 3 the Principal is entitled to demand and recover the damages

equivalent to Earnest Money Deposit Bid Security

(ii) If the Principal has terminated the contract according to Section 3 or if the Principal is

entitled to terminate the contract according to section 3 the Principal shall be entitled to

demand and recover from the Contractor the amount equivalent to Security Deposit

Performance Bank Guarantee in addition to any other penalties recoveries as per terms

and conditions of the tender

Section 5 ndash Previous transgression

(i) The Bidder declares that no previous transgression occurred in the last 3 years with any

other Company in any country conforming to the Anti-corruption approach or with any

other Public Sector Enterprise in India that could justify his exclusion from the tender

process

(ii) If the Bidder makes incorrect statement on this subject he can be disqualified from the

tender process or action can be taken as per the defined procedure

Section 6 ndash Equal treatment of all BiddersContractorsSubcontractors

41 Signature of the Contractor

(i) The principal will enter into agreements with identical conditions as this one with all

BiddersContractors

(ii) The Bidder(s)Contractor(s) undertake(s) to demand from all subcontractors a

commitment in conformity with this Integrity Pact

(iii) The Principal will disqualify from the tender process all bidders who do not sign this

Pact or violate its provisions

Section 7 ndash Criminal charges against violating

Bidder(s)Contractor(s)Subcontractor(s)

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or

of an employee or a representative or an associate of a Bidder Contractor or

Subcontractor which constitutes corruption or if the Principal has substantive suspicion in

this regard the Principal will inform the Corporate Vigilance Office

Section 8 ndash External Independent MonitorMonitors

1 Principal appoints competent and credible Independent External Monitor for this Pact

The task of the Monitor is to review independently and objectively whether and to what

extent the parties comply with the obligations under this agreement

2 The Monitor is not subject to instructions by the representatives of the parties and

performs his functions neutrally and independently He reports to the CMD of the BSNL

3 The Bidder(s)Contractor(s) accepts that the Monitor has the right to access without

restriction to all Project documentation of the Principal including that provided by the

Contractor The Contractor will also grant the Monitor upon his request and demonstration

of a valid interest unrestricted and unconditional access to his project documentation The

same is applicable to Subcontractors The Monitor is under contractual obligation to treat

the information and documents of the Bidder(s)Contractor(s)Subcontractor(s) with

confidentiality

Notwithstanding anything contained in this Section the Bidder(s)Contractor(s) shall have

no obligation whatsoever to provide any internal costing mechanisms or any internal

financial or commercial data pursuant to any audit or review conducted by or on behalf of

the Principal Further the Bidder(s)Contractor(s) shall not be required to provide any data

relating to its other customers or any personnel or employee related date

4 The Principal will provide to the Monitor 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 Principal and the Contractor The parties offer to the

Monitor the option to participate in such meetings

5 As soon as the Monitor notices or believes to notice a violation of this agreement he

will so inform the Management of the Principal and request the Management to

discontinue or take corrective action or to take other relevant action The monitor can in

this regard submit non-binding recommendations Beyond this the Monitor has no right to

demand from the parties that they act in a specific manner refrain from action or tolerate

action

42 Signature of the Contractor

6 The Monitor will submit a written report to the Chairperson of the Board of the Principal

within 8 to 10 weeks from the date of reference or intimation to him by the lsquoPrincipalrsquo and

should the occasion arise submit proposals for correcting problematic situations

7 If the Monitor has reported to the CMD of the BSNL a substantiated suspicion of an

offence under relevant Anti-Corruption Laws of India and the BSNL has not within

reasonable time taken visible action to proceed against such offence or reported it to the

Corporate Vigilance Office the Monitor may also transmit this information directly to the

Central Vigilance Commissioner Government of India

8 The word lsquoMonitorrsquo would include both singular and plural

Section 9 ndash Pact Duration

This Pact begins when both parties have legally signed it It expires for the Contractor 12

months after the last payment under the contract and for all other Bidders 6 months after

the contract has been awarded

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 dischargeddetermined by

CMD BSNL

Section 10 ndash Other provisions

1 This agreement is subject to Indian Law Place of performance and jurisdiction is the

Registered Office of the Principal ie New Delhi The arbitration clause provided in the

tender document contract shall not be applicable for any issue dispute arising under

Integrity Pact

2 Changes and supplements as well as termination notice need to be made in writing

3 If the Contractor is a partnership or a consortium this agreement must be signed by all

partners or consortium members

4 Should one or several provisions of this agreement turn out to be invalid the remainder

of this agreement remains valid In this case the parties will strive to come to an agreement

to their original intensions

------------------------------------ ----------------------------------

For the Principal For the BidderContractor

Placehelliphelliphelliphelliphelliphelliphelliphellip Witness 1 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphellip Witness 2 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

43 Signature of the Contractor

Anexx-VIII

AGREEMENT

This agreement made on thishelliphelliphellip day of helliphelliphellip Yearhelliphelliphelliphellip Between hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphellipHerein after called ldquo The contractorrdquo (which expression shall unless excluded by or

repugnant to the context include its successors heir executors administrative representative and

assignee) of the one part amp the BSNL (GMTD Mehsana) herein after referred to as the BSNL of

other part Tender No MMTenderMehsana2016-1706 Dated 26102016

Where as the contractor has offered to enter with the said BSNL for the contract for repairing of

EPBT amp CLIP Plan instruments amp Buttons Key in Mehsana SSA Mehsana Telecom District on

the terms and conditions herein contained and the rates approved by the BSNL (copy of rates

annexed) have been dully accepted and whereas the necessary security deposit have been furnished

in accordance with the provision of the tender documents and whereas no interest will be claimed

on the security deposit Now these presents witness and it is hereby agreed and declared by and

between the partiesrsquo presents as follows

(1) The contractor shall during the period of this contract that is to say fromhelliphelliphelliphelliphellipTo

helliphelliphelliphellip or completion of work whichever is earlier or until this contract shall be

determined by such notice as is herein after mentioned safely carried out by means of

Labours employed at his own expense and by means of tools implements of equipments

etc to be supplied by him to his Labours at his own expense all work of repairing of

EPBT amp CLIP instruments as described in tender documents (annexed to the agreement)

when the BSNL or any other person authorized by GMTD Mehsana in that behalf require it

is under stood by the contractor that the quantity of work mentioned in the schedule is

likely to change as per actual requirement as demanded by exigencies of service

(2) The Notice Inviting Tender Bid documents (qualifying and financial) letter of intent

approved rates annexed here to and such other additional particulars instructions

drawings work orders as may be found requisite to be given during execution of work

shall be deemed and taken to be an integral part of the contract and shall be deemed to be

included in the expression ldquoThe agreement) or ldquoThe Contractrdquo wherever herein used

(3) The contractor also supplies the requisite number of workmen with means and materials as

well as tools appliances vehicles for transportation cartage etc required for the proper

execution of work within the prescribed in the work orders

(4) The contractor hereby declares that no body connected with or in the employment of the

BSNL is notshall not ever be admitted as partner in the contract

(5) The contractor shall abide by the terms and conditions rules guide lines constructions

particulars safety precautions etc stipulated in the tender documents including any

correspondence between the contractor and the BSNL having bearing on execution of work

and payments of work to be done under the contract

In witness whereof the partiesrsquo presents have here in to set their representative hands and

seals the day and year in

Signed sealed amp Delivered by

The above named contractor in the presence of

Above written

Witness

(1)

(2) Signed and delivered on behalf of BSNL

Witness

(1)

(2)

44 Signature of the Contractor

ANNEXURE-IX - UNDERTAKING

This deed of undertaking executed on this helliphelliphellip day ofhelliphelliphelliptwo thousand andhelliphellip

by (name of sole proprietorpartnerdirectorauthorized representative the firm

company trust society etc)helliphelliphelliphelliphelliphelliphelliphelliphelliphellipSO helliphelliphelliphelliphelliphelliphelliphellip

residing athelliphelliphelliphelliphelliphelliphelliphelliphelliphellipOn behalf of said helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of the firm company Trust Society etc) having its office athelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

and dully authorized to sign file and verify present undertaking by the said hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of Firm company Society etc) in favour of Bharat Sanchar Nigam Ltd a

Government Of India undertaking having its registered office at Statesman

HouseB-148 Barkhamba Road New Delhi and local office at Administrative

Building Sanchar Bhawan BSNL Pilaji Ganj Mehsana-1 here in after called

BSNL (which terms shall mean and include its successors administrators heirs and

assigns Where as MS BSNL invited bids for repairing of EPBT amp CLIP instruments in Mehsana SSA

IWe participated in the bidding process and emerged as successful bidder with respect to tender No

MMTenderMehsana2016-1706 Dated 26102016

IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Acknowledge that IWe have fully under

stood and aware of the terms amp conditions of the Tendercontract and do hereby unequivocally and

unconditionally undertake and declare that

(1) IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip shall comply with all

the rulesRegulationsLawsGovernment instructionsstatus etc that are

applicable will be made applicable and or are aimed to protect the interest of

the workersemployees engaged by meus in the past and during the course of

performance of the contract with BSNL

(2) IWe shall fully protect indemnity and hold harmless BSNL and its employees

officers Directors agents judgments damages fines penalties and costs

(including legal costs and disbursements) arising from or relating to

Any breach violation of any direction order from any governmental

authority any provisions of the labour laws or any other laws status or

regulations that are or will be aimed to protect the interest of the

workersLabours engaged by the contractors in past and during the

course of this contract

OR

Any other payments claims or liability that may arise for ensuring

compliance of the provisions of any of the labour laws or any other laws

etc OR

Any other claim made by any third party in connection with any violation

of any laws guide lines instructions etc

In witness whereof this undertaking has caused on thehelliphelliphelliphelliphelliphellip

DayhelliphelliphelliphelliphellipMonth ofhelliphelliphellip Year

Date

Place

Signature

Name

Designation

Witness 1 2helliphelliphellip

45 Signature of the Contractor

ANNEXURE-X

E-Tendering Instructions to Bidders

These Special Instructions (for e-Tendering) supplement lsquoGeneral instructions to Biddersrsquo as enclosed in Section IV of this E-Tender Document Wherever there is a conflict the provisions herein shall prevail over those in other pages of this document

Submission of Bids only through online process is mandatory for this Tender

For conducting electronic tendering BSNL Mehsana is using the portal

(httpeprocurementsynisecombsnl1gujarat) of Ms Synise Technologies ltd Pune A - Submission of tender

1 The bidding process will be accepted only through e-tendering platform 2 Availability of e-tendering document e-tender document can be obtained by

downloading it from the website httpeprocurementsynisecombsnl1gujarat the

physical copy of the Tender document would not be available for sale

3 The Tender document shall not be available for download on its submissionclosing date B - General 1 Tender Bidding Methodology

Sealed Bid System ndashldquoSingle Stage using two envelopsrdquo

In this case of two envelope system Financial amp Techno-commercial bids shall be

submitted by the bidder at the same time

2 Broad outline of activities from Bidders prospective

1 Procure a Digital Signing Certificate (DSC)

2 Register on Electronic Tendering System (RETS)

3 Create Users and assign roles on ETS

4 View Notice Inviting Tender (NIT) on ETS

5 Download Official Copy of Tender Documents from ETS

6 Clarification to Tender Documents on ET Query to BSNL (Optional)

View response to queries posted by BSNL as addenda

7 Bid-Submission on ETS

8 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Techno-commercial Part

9 View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond to BSNLrsquos Post-TOE queries

10 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Financial-Part (Only for Technical Responsive Bidders)

For participating in this tender online the following instructions need to be read

carefully These instructions are supplemented with more detailed guidelines on

the relevant screens of the ETS

3 Digital Certificates

For integrity of data and its authenticity non-repudiation of electronic records and be compliant with IT Act 2000 it is necessary for each user to have a Digital Certificate (DC) also referred to as Digital Signature Certificate (DSC) of Class 2 or above issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer httpwwwccagovin]

4 Registration

To use the Electronic Tenderreg portal ( httpeprocurementsynisecombsnl1gujarat) vendor needs to register on the

46 Signature of the Contractor

portal Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e-tendering activities In ETS terminology this person will be referred to as the Super User (SU) of that organization For f u r ther details

p lease v is i t the websiteportal and follow further instructions as given on the site You may also contact tender wizard Helpdesk (as given below) to get your registration acceptedactivated Tender wizard Helpdesk

Telephone 020-30277517 020-30277522020-30277516

[between 1000 hrs to 1800 hrs on working days]

Mobile Nos Mr Hiren Pandar 7774013247 7774013248

E-mail ID helpdesksynisecom [Please mark CC

hirenpsynisecom]

BSNL Contact-1

BSNLrsquos Contact Person AGM MM Mehsana

Telephone Mobile (02762-220855222900)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID agmmmmehbsnlin

BSNL Contact-2

BSNLrsquos Contact Person SDE MM-Mehsana

Telephone Mobile (02762-221855)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID mehsdemm2bsnlin 5 Bid related Information for this Tender (Sealed Bid)

The entire bid-submission would be

online on ETS Broad outline of

submissions are as follows

Submission of digitally signed copy of Tender DocumentsAddendumaddenda

Two Envelopes

Techno-commercial -Part

Financial-Part

Note -

i) If some document is not applicable for the bidder then he has to upload

scanned copy of paper mentioning ldquoThe document ltNamegt called vide

clause helliphelliphelliphelliphelliphelliphellip is not applicable on usrdquo

ii) If document asked for contains more than one page then all those pages may be uploaded in one PDF format file

iii) Please take care to scan documents such that the total size of

documents to be uploaded remains minimum However it shall be sole

responsibility of bidder that the uploaded documents remain eligible

6 Offline Submissions

The bidder is requested to submit the following documents offline to AGM (MM) 2nd Floor Sanchar Bhawan Pilaji Ganj Mehsana-384001 on or before the date amp

time of submission of bids specified in covering letter of this tender

47 Signature of the Contractor

document in a Sealed Envelope The envelope shall bear (name of the tender) the tender number and the words lsquoDO NOT OPEN BEFORErsquo (due date amp time)

1 EMD-Bid Security in Original

2 DD Bankers cheque against payment of tender fee

3 Power of attorney (if applicable) Note The bidder has to upload the Scanned copy of all above said documents during

online Bid submission also

7 Special Note on Security of Bids

Security related functionality has been rigorously implemented in ETS in a multi-dimensional manner Starting with Acceptance of Registration by the Service Provider provision for security has been made at various stages in Electronic Tenderrsquos software Security related aspects as regard Bid Submission are outlined below

As part of the Electronic Encryptertrade functionality the contents of both the lsquoElectronic Formsrsquo and the lsquoMain-Bidrsquo are securely encrypted using a Pass-Phrase created by the Bidder himself Unlike a lsquopasswordrsquo a Pass-Phrase can be a multi-word sentence with spaces between words (eg I love this World) A Pass-Phrase is easier to remember and more difficult to break It is recommended that a separate Pass-Phrase be created for each Bid-Part This method of bid- encryption does not have the security and data-integrity related vulnerabilities which are inherent in E-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid- encryption Bid-encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE) even if there is connivance between the concerned tender- opening officers of the Buyer organization and the personnel of e-tendering service provider

Typically lsquoPass-Phrasersquo of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself when demanded by the concerned Tender Opening Officers who will open the bid Else Tender Opening Officer may authorize the bidder to open his bid himself There is an additional protection with SSL Encryption during transit from the client-end computer of a Supplier organization to the e-tendering server portal

8 Public Online Tender Opening Event (TOE)

ETS offers a unique facility for lsquoPublic Online Tender Opening Event (TOE)rsquo Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices For this purpose representatives of bidders (ie Supplier organization) dully authorized are requested to carry a Laptop and Wireless Connectivity to Internet Every legal requirement for a transparent and secure lsquoPublic Online Tender Opening Event (TOE)rsquo has been implemented on ETS As soon as a Bid is decrypted with the corresponding lsquoPass-Phrasersquo as submitted online by the bidder himself (during the TOE itself) salient points of the Bids are simultaneously made available for downloading by all participating bidders The work of taking notes during a manual lsquoTender Opening Eventrsquo is therefore replaced with this superior and convenient form of lsquoPublic Online Tender Opening Event (TOE)rsquo ETS has a unique facility of lsquoOnline Comparison Chartrsquo which is dynamically updated as each online bid is opened The format of the chart is based on inputs provided by the Buyer for each Tender The information in the Comparison Chart is based on the data submitted by the Bidders in electronic forms A detailed Technical and or Financial Comparison Chart enhances Transparency Detailed instructions are given on relevant screens

48 Signature of the Contractor

ETS has a unique facility of a detailed report titled lsquoMinutes of Online Tender Opening Event (TOE)rsquo covering all important activities of lsquoOnline Tender Opening Event (TOE)rsquo This is available to all participating bidders for lsquoViewing Downloadingrsquo

There are many more facilities and features on ETS For a particular tender the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer

NOTE In case of internet related problem at a bidderrsquos end especially during lsquocritical

eventsrsquo such as ndash a short period before bid-submission deadline during online

public tender opening event etc it is the bidderrsquos responsibility to have backup

internet connections In case there is a problem at the e- procurement

service-providerrsquos end (in the server leased line etc) due to which all the

bidders face a problem during critical events and this is brought to the notice

of BSNL by the bidders in time then BSNL will promptly re-schedule the

affected event(s)

9 Other Instructions

For further instructions the vendor should visit the home-page of the portal

( httpeprocurementsynisecombsnl1gujarat) and go to the User-Guidance Center The help information provided through lsquoETS User-Guidance Centerrsquo is available in three categories ndash

Users intending to Register First-Time Users Logged-in users of Buyer organizations and Logged-in users of Supplier organizations Various links are provided under each of the three categories Note It is strongly recommended that all authorized users of Supplier

organizations should thoroughly peruse the information provided under the

relevant links and take appropriate action This will prevent hiccups and minimize

teething problems during the use of ETS

The following lsquoFOUR KEY INSTRUCTIONS for BIDDERSrsquo must be assiduously adhered to

1 Obtain individual Digital Signing Certificate (DSC or DC) well in advance of

your first tender submission deadline on ETS

2 Register your organization on ETS well in advance of your first tender submission deadline on ETS

3 Get your organizationrsquos concerned executives trained on ETS well in advance of your first tender submission deadline on ETS

4 Submit your bids well in advance of tender submission deadline on ETS as

there could be last minute problems due to internet timeout breakdown etc

While the first three instructions mentioned above are especially relevant to first-time users of ETS the fourth instruction is relevant at all times

10 Minimum Requirements at Bidders end

Computer System with good configuration (Min P IV 1 GB RAM Windows XP)

Broadband connectivity

Microsoft Internet Explorer 60 or above

Digital Certificate(s) for users

49 Signature of the Contractor

ANNEXURE-III

RATE SHEET

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Rate should be quoted in below Rate Sheet

Sr

No

Rates Quoted By Bidder With Respect to SOR (Schedule Of Rate)

Particulars In Figure In Words

1 Above Of SOR

2 Below Of SOR

3 AT PAR

[At Same Rates of SOR]

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

Signature of the Bidder with Seal

Note

1 All faulty instruments are to be repaired except fully broken or fully burnt due to

electric hazards

2 The work may be offered to more than one contractor if required

Signature of the Tenderer with seal

Full Name _____________________

Full Address________________________

  • TABLE OF CONTENTS
    • CERTIFICATE REGARDING NEAR RLATIVES
      • LETTEROF AUTHORISATION FOR ATTENDING BID OPENING
      • Signed sealed amp Delivered by
      • Above written
        • ANNEXURE-IX - UNDERTAKING

21 Signature of the Contractor

any claim made against it under section-12 subsection (i) of the said Act except on the

written request of the contractor and upon his giving to company full security for all costs

for which Company might become liable in consequence of contesting such claim

31 LABOUR WELFARE

311 In every case in which by virtue of the provisions of the contract Labour (Regulation

and Abolition) Act 1970 and of the contract labour (Regulation and abolition) Central

Rules 1971 Company is liable to pay any amounts of wages to a workman employed by

the contractor in execution of the works or to incur any expenditure in providing welfare

and health amenities required to be provided under the above said Act and the Rules under

clause 19 to 19 J and 20 of PWD-8 or under the CPWD Contractors Labour

Regulations or under the Rules framed by Government from time to time for the

protection of health and sanitary arrangements for workers employed by CPWD

contractors company will recover from the contractor the amount of wages so paid or the

amount of expenditure so incurred and without prejudice to the right of the Government

under section 20 sub-section (ii) and section 21 sub-section (4) of the contractor Labour

(Regulation and Abolition) Act 1970 company shall be at liberty to recover such amount or

any part thereof by deducting it from the security deposit or from any sum due by the

company to the contractor whether under this agreement or otherwise company shall not

be bound to contest any claim made against it under section 20 except on the written

request of the contractor and upon his giving to the company full security for all costs for

which Government might become liable in contesting such claim

312 The contractor shall obtain a valid licence (If required depending upon the number of

persons engaged and the nature of the work intended) under the contract Labour (RampA)

Act 1970 and the contract labour (R amp A) Central Rules 1971 before the commencement

of the work and continue to have a valid license until the completion of the work

313 Any failure to fulfill this requirement shall attract the penal provisions of this

contract arising out of the resultant non-execution of the work

314 No person below the age of (18) eighteen years shall be employed on the work

32 FAIR WAGES

(a) The contractor shall pay to persons employed by him either directly or through sub-

contractor wages not less than fair wages as defined in the CPWD Contractors Labour

(Regulations and Abolition) Act 1970 and the contract labour (Regulation and Abolition)

Central Rules 1971 wherever applicable

(b) The contractor shall notwithstanding the previsions of any contract to the contrary

cause to be paid fair wages to persons indirectly engaged on the work including any

labour engaged by his sub contractor in connection with the said work as if the labour had

been immediately employed by him

(c) The General Manager Telecom District MEHSANA or his subordinate officer

concerned shall have the right to deduct from the money due to the contractor any sum

required or estimated to be required for making good the loss suffered by a worker or

workers by reasons of non-fulfillment of the conditions of the contract for the benefit of

the workers non payment of wages or of deduction made from his or their wages are not

justified by their terms of the contract or non-observance of the Regulations

22 Signature of the Contractor

(d) The contractor shall comply with the provisions of the payment of wages Act 1936

Minimum wages Act 1948 Employees Liability Act 1938 Workmenrsquos compensation Act

1923 Industrial Disputes Act 1947 Maternity Benefits Act 1961 and the contractorrsquos

Labour (regulation and abolition) Act 1970 or the modifications there of or any other laws

relating thereto and the rules made there under from time to time

(e) The contractor shall indemnify Government against payments to be made under and

for the observance of the laws aforesaid without prejudice to his right to claim indemnity

from his sub-contractors

(f) The regulations aforesaid shall be deemed to be a part of this contract and any breach

thereof shall be deemed to be a breach of this contract

33 OTHER LABOUR WELFARE MEASURES

The contractor shall comply with all the provision of the Minimum wages Act 1948

Contractor Labour (R amp A) Act 1970 and rules framed and other labour laws affecting

contract labour that may be brought into force from time to time

34 The contract shall not assign or sublet without the written approval of the GMTD

MEHSANA or his nominated representative and if the contractor shall assign or sublet his

contract or attempt so to do or become insolvent or commence any insolvency proceeding

or make any composition with his creditors or attempt so to do or if any bribe gratuity

gift loan perquisite reward or advantage pecuniary or otherwise shall either directly or

indirectly be given promised or offered by the contractor or any of his servants or agent to

any public officer or person in the employ of Government in any way relating of his office

or employment or if any such officer or person shall become in any way directly or

indirectly interested in the contract the Designated official on behalf of the President of

India shall have power to adopt any of the coursed specified in clause 24 as he may deem

best suited in the interest of Government and in the event of any of these course being

adopted the consequences specified in the said clause 24

35 All sums payable by way of compensation under any of these conditions shall be

considered as reasonable compensation to be applied to the use of Government without

reference to the actual loss or damage sustained and whether or not any damage shall have

been sustained

36 PARTNERSHIP FIRMS

Where the contractor is a partnership firm the previous approval in writing of the

Designated officialnominated representative shall be obtained before any change is made

in the constitution of the firm Where the contractor is an individual or a Hindu undivided

family business concern such approval as aforesaid shall like wise be obtained before the

contractor enters into any partnership agreement where under the partnership firm would

have the right to carry out the work hereby undertaken by the contractor If previous

approval as aforesaid is not obtained the contract shall be deemed to have been assigned in

contravention of Clause hereof and the same action may be taken and the same

consequence shall ensure as provided in the said clause

37 All works to be executed under the contact shall be executed under the direction and

subject to the approval in all respected of the Designated official who shall be entitled to

direct at what point or points and in what manner they are to be commenced and from time

to time carried on

23 Signature of the Contractor

38 Whenever any claim against the contractor for the payment of a sum or money arises

out of or under the contract Government shall be entitled to recover such sum by

appropriating in part or whole the security deposit of the contractor and to sell any

Government Promissory Notes etc forming the whole or part of such security In the event

of the security being insufficient or if no security has been taken from the contractor then

the balance or the total sum recoverable as the case may be shall be deducted from any

sum then due or which at any time thereafter may become due to the contractor under this

or any other contract with Government Should this sum be not sufficient to cover the full

amount recoverable the contract shall pay to Government on demand the balance

remaining dues

39 AUDITS AND TECHNICAL EXAMINATION

391 Company shall have the right to cause an audit and technical examination of the

works and the final bills of the contractor including all supporting vouchers abstract etc to

be made after payment of the final bill and if as a result of such audit and technical

examination any sum is found to have been overpaid in respect of any work done by the

contractor under the contract or any work claimed by him to have been done by him under

the contract and found to have amount of over payment and it shall be liable to refund the

amount of over payment and it shall be lawful for Company to recover the same from him

in the manner prescribed or in any other manner legally permissible and if it is found that

the contractor was paid less than what was due to him under the contract in respect of any

work executed by him under it the amount of such under payment shall be duly paid by

Company to the contractor

392 Any sum of money due and payable to the contractor (including Security Deposit

returnable to him) under this contract may be appropriated by the Company and set off

against any claim of the Company for the payment of a sum or money arising out of or

under any other contract made by the contractor with the Company

40 Contractor shall not enter into agreement with any other unit on approved tender of

GMTD MEHSANA without prior approval of the General Manager Telecom District

MEHSANA

41 Without prejudice to any of the rights or remedies under this contract if the contractor

dies the GMTD MEHSANA on behalf of the company shall have the option of

terminating the contract without compensation to the contractor

42 No Engineer of gazetted rank or other gazetted officer employed in Engineering or

administrative duties in an Engineering Department of the Government of India is allowed

to work as contractor for a period of two years of his retirement from Government service

without the prior permission of Government of India This contract is liable to be canceled

if either person who had not obtained the permission of Government of India as aforesaid

before submission of the tender or engagement in the contractors service as the case may

be

43 COMPENSATION FOR DELAY The time allowed for carrying out the work as

mentioned shall be strictly observed by the contractor and shall be deemed to be of the

essence of the contract on the part of the contractor However for special jobs if the

contractor has submitted a time schedule and the same has been accepted by the designated

officialnominated representative of the company the contractor shall comply with the

said time schedule

24 Signature of the Contractor

44 TIME LIMIT amp LIQUIDATED DAMAGE CHARGES

441 It will be at the discretion of the GMTD MEHSANA to revise or modify or extend

the time limits specified for the total work awarded to the contractor or to further specify

the quantum of work to be completed within a specified period provided a written request

has been received from the contractor explaining the reasons for which such extension of

time is asked for and the GMTD MEHSANA in the particular case is convinced and

satisfied that such extension or revision or modification is in the interest of the

Government In such cases payment of liquidated damage as compensation for delay

becomes liable based on such revised or modified or extended time limits and the

conditions under which such extension or modification or revision has been made

Liquidated damage will be charged as per Special Condition clause No2 amp 3 read as

under

1 Delay in collection - Rs5- per instrument per week or part there of for entire lot of

unserviceable instruments collected delayed subject to a maximum Rs20- per instrument

in case timely collection is not done as per 2(b) of special conditions

2 Delay in delivery- Rs2- per week or part there of on the entire lot of instruments

delivered delayed in case of delivery not made timely as per Para 3 of Special conditions

442 The contractor shall have to complete the contractual work within stipulated period

and it is very clearly understood between the parties that the time is made the essence of

contract

45 The Company assumes no responsibility whatever for any oral understandings or

representations made by any its officers or agents or servants prior to the execution of the

contract and all previous negotiations and understandings are hereby canceled

46 STORERSMATERIAL SUPPLIED BY THE GOVERNMENT

All materials supplied to the contractor by the company shall remain the absolute

property of Company and shall not be removed from site of the work except for use in the

work and shall be at all times open to inspection by Designated official

47 In the event of the contractor being adjudged insolvent or going voluntarily into

liquidation or having received order or other order under insolvency Act made against him

or in the case of a company of the passing of any resolution or making of any order for

winding up weather voluntarily or otherwise or in the event of the contractor failing to

comply with any of the conditions herein specified the GMTDMEHSANA shall have

the power to terminate the contract without previous notice

48 ACCEPTANCES AND MEASUREMENT

481 It is important that the work carried out by contractor is approved by the designated

official nominated representative of the company

482 The designated official nominated representative of the Govt and the contractor or

his authorized representative will certify under their signature at the appropriate places that

the work carried out is as per the specification

49 PRICE VARIATION

25 Signature of the Contractor

The Company shall not be responsible for any escalation in prices of labour or materials

machinery equipment etc whatsoever or any increase in any duties levies or taxes in

respect thereof whatsoever and the contractor rates and contractors obligations shall

remain unaffected by such escalation and or increases

50 FORCE MAJEURE

In the event of either party being rendered unable by force majeure to perform this

contract than the obligations of the party effected by such force majeure shall be

suspended for the whole period during which such cause lasts and until normal operation

are resumed and when such cause ends the execution of this contract must be resumed

with all responsible dispatch should the execution of this contract be suspended by force

majeure than a corresponding extension of the completion date shall be automatically

granted The occurrence of a cause of force majeure however shall not relieve the

company and its obligation to make payment to the contractor for the work satisfactorily

executed prior thereto The terms force majeure as employed herein shall mean act of God

war declared or undeclared hostilities enemy actions revolts riots legal lock outs and

eligible strikes tidal waves forest fires major floods explosions earth quakes epidemics

sabotage extra ordinary act and Regulation of central or state Government or Municipality

Bodies Upon the occurrence of such causes and its termination the parties rendered unable

as aforesaid shall notified the other party in writing within 72 hours of the beginning and

ending dates giving full particulars and evidences if required

51 PAYMENTS

The contractor shall prepare the bills claiming shown as labour cost and material cost

separately The contractor shall submit the bills within 30 days after completion of the

work duly certified by the designated officialnominated representative of company

GMTD MEHSANA has full right to disallow the payment of the bills received after 30

days of completion of work

52 The GMTD MEHSANA may however at his discretion allow the contractor to

submit fortnightly bills or at the end of each work

53Income tax at the rate in force at that time would be deducted from his payments of bills

as Tax deducted at source However if any new legislation comes into effect for

deduction of tax at source at any other rate deduction will be made at that rate

The GMTD MEHSANA will issue necessary Income tax deduction certificate or the

Accounts Officer detailing the amount so deducted As Tax Deducted at Source at the time

of payment or each bill

54 The Tenderer should submit all requisite documents including EPF related documents

as per clause in tender terms amp conditions and special conditions along with the bill if

applicable

55 PAYMENT PROCEDURE

551 The bills are to be submitted in TRIPLICATE and in the manner and form that may

be prescribed by the GMTD MEHSANA from time to time ldquoAccounts Payeerdquo cheque

for amount passed in the bill will be issued only after the contractor gives a stamped

receipt for the amount unless the bills are pre-receipt Only Accounts Payee Cheques

drawn on the branch of the state bank of India or other bank in which the GMTD or the

26 Signature of the Contractor

Accounts Officer may be having drawing assignment account will make payments The

payments will be made either by the Accounts Officer or by any other official who at any

period of time may be convenient to the company

552 Any liquidated damages due shall also be recoverable from the bills submitted for the

payment by the aforesaid officer

553 The security deposit with the GMTD Shall be considered for adjustment against

liquidated damages only at the time of final conclusion of the contract and final settlement

of account

554 The GMTD MEHSANA will have e the right to recover liquidated damages for

delay or slow progress of the works from the bills submitted for payment

555 The final settlement of the bills and refund adjustmentappropriation of any amount

detained from the running bill of the contractor shall be made fully after the GMTD is

satisfied that all the contractual obligation have been fully met and no amount remain due

for recovery from the contractor on any count Unless there are specific reasons all

accounts are expected to be settled within a period of six months from the date of

completion of the works in all respects

56 FINAL ACCEPTANCE

If any of the work is found to be unsatisfactory by the designated officialnominated

representative of the govt the contractor shall be intimated in writing of the corrections

repairing to be carried out The contractor shall be required to correct all defects that

remain evident at any time prior to final acceptance of the contractors works by the

GMTD MEHSANA The cost of all such repairs and corrections shall be borne by the

contractor Failure or neglect on the part of the GMTD MEHSANA or his representative

to confirm or reject inferior work notwithstanding final acceptance of the work or any part

thereof by the company THE GMTD MEHSANA Designated official or his

representative shall not be construed to imply the acceptance of such work The provision

of this clause shall not in any way affect or limit the contractors liability under the

undertaking and guarantee contained in the contract documents

57 DISPUTES AND ARBITRATION

All dispute arising between the contractor and GMTD MEHSANA out of this contract

shall be referred to the sole arbitration in the following manners -

a) In case parties are unable to reach a settlement by themselves the dispute should be

submitted for arbitration in accordance with contract agreement

b) There should not be a joint submission with the contractor to the sole arbitrator

c) Each party should submit its own claimed severely and may oppose the claim put

forward by the other party

d) The onus of establishing his claims will be left to the contractor

e) His claim will be firmly resisted by utilizing all the evidence available with the

company

27 Signature of the Contractor

f) Once a claim has been included in the submission by the contractor a retraction or

modification thereof will be opposed

g) The Point of Defense will be based on actual condition of the contract

h) The question whether these conditions are equitable shall not receive any consideration

in the preparation of Points of Defense

i) The arbitrator shall not entertain claims in the nature of ex-gratia payments as these

are not contractual

j) If the contractor including such claims in his submission the fact that they are not

contractual will be prominently placed before the arbitrator

k) In case the amount involved is heavy the sole arbitrator may be within his rights to

conduct the defense by the government pleader

The award of the sole arbitrator shall be final and binding on the parties to the dispute It

is further agreed that reference to the sole arbitration of officer appointed as arbitrator is

conditions precedent and none will be entitled to move the court without referring the

matter to sole arbitrator

58 Contractor should produce latest Income Tax CertificateSales Tax registration

certificate

59GMTD Mehsana reserves the rights to terminate RRC for breach of

conditionconditions of the agreement after giving a show cause notice of 14 days and after

examining reply if any filed by him pursuance to show cause notice

60 GMTD Mehsana reserves the rights to engaged one or more contractors for this work

61 Rates to be quoted in ANNEXURE ndash III Financial Bid in separate sealed cover and

declaration to be given in ANNEXURE-II-A amp ANNEXURE ndash II B duly signed by all

partnersdirectors of the companyfirm

28 Signature of the Contractor

SECTION ndash V

SPCECIAL CONDITIONS

Work Orders shall be issued by concerned SDE approved by DE

1 Scope of the work Repairing of faulty electronic CLIP push button telephone

instruments buttons key including plan instrument It shall cover all instruments

including those having PCB Display of CLI and burnt out due to their connections

to powers inadvertently but excluding PBT with bakelite portion broken

discolored

2 Collection of faulty instruments

A For lifting of faulty instruments the minimum lot size will be of 20 units

the SDEexchange in charge will intimate the quantity of faulty instruments

accumulated with him over telephone or by FAX to the contractor

B The contractor shall ensure the collection of the faulty instruments within

three working days of the date at giving work order or intimation over telephone or

by FAX on working days between 10 AM to 17 PM at his cost

C The contractor shall acknowledge the receipt of the faulty instruments made

over to him

3 Duration of repair

A The contractor shall repair the faulty instruments at his own work-shop and

return the same to SDEexchange in-charge concerned at his own cost within one

week of its collection (for calculating one week the day of collection and day of

handing over will be inclusive)

B After carrying out repairs of the faulty instruments the contractor shall

offer the instruments to SDEExchange in-charge or JTO nominated by him for

inspection and testing one day before the expiry of schedule delivery date The

decision of the inspecting officer as to accept the repaired instruments will be final

and binding on contractor

C The contractor shall pack each repaired instrument suitably in a

polythene bag after polishingbuffing while returning them to SDE

D The contractor shall paste stiker with date of repairing on back side of

each repaired instrument while returning them to SDE

E The repaired instruments shall be returned back to the same SDEExchange

in-charge unless specified otherwise from where these instruments were collected

for repairs

4 Warranty repair

The contractor will undertake quality repair which will ensure the normal

troubledefect free performance of the instruments for a period of 12 months from

the date of inspection and clearance In case the repaired instruments develops

any defect or any deficiency or fault ie it becomes faulty during the warranty

29 Signature of the Contractor

period the contractor shall rectify repair and remedy such defects deficiency in the

repaired instruments at his own cost and expenses

5 A Method of evaluation

Tenders will be evaluated with reference to the total cost worked out by

multiplying rates quoted by Tenderer with approximate number of EPBT amp

CLIP Instruments as shown in the price bid

B Reports

1 The contractor shall furnish a summary of fault found and namedetails of

the components replaced in the instruments repaired while offering them for

inspection

2 The contractor shall also furnish a quarterly analysis of faulty and repaired

batch wise as per Annexure-I

6 Quality of components

The contractor shall use good quality components for repairs of the instruments

The replaced parts should be purchased by the contractor from DOT approved

source s

7 Liquidated damage

1 Delay in collection Rs 5- per instruments per week or part thereof for

entire lot of unserviceable instruments collected delayed subject to a

maximum of Rs 20- per instruments In case timely collection is not don as

per Para 2(B) above

2 Delay in delivery Rs2 per instrument per week or part thereof on the

entire lot of instruments delivered delayed in case delivery not made timely

as per Para 3 above

8 Quantum of EMD and PSD

EMD as per NIT - to be paid either in cash or in form of DDBankerrsquos

ChequePay Order from NationalizedScheduled Bank in favour of Accounts

Officer (Cash) BSNL Oo GMTD ndash Mehsana payable at Mehsana

Performance Security Deposit 10 of estimated cost of tender payable either in cash or DD or in form of Bank guarantee

from Nationalized BankScheduled Bank for a period of 24 months which will be released or refunded after successful

completion of contract and no due pending against contractor 9 Extension of validity of RRC period Period of RRC will normally

be one year However GMTD Mehsana reserves the right to extend it for a further period of six months or one year or part

there of under the same rates and terms and conditions

Estimated cost for the second year or part there of shall be considered same as approved for first year or part

there of on pro-rata basis

30 Signature of the Contractor

10 Eligibility The bidder should have

Experience of repairing of CLIP or EPBT Instruments in DOTBSNLGovt

PSU Private SectorFirm for one year during last five years as per NIT

11 Documents to be submitted with Technical Bid (Qualifying Bid) to establish

their eligibility for bidding

111 Experience certificate (self attested copy) issued by not below the rank of DEAGM in

DOTBSNLGovtPSUPrivate SectorFirm as required under clause 10 above

112 Self attested Copy of registration of firm (not required for proprietorship)

113 For EPF particulars submit the EPF registration certificate if applicable

(If not applicable submit the clarification as to how not applicable and submit

undertaking on Non judicial stamp paper of Rs 50- regarding submission of it within

one month after the agreement with BSNL Mehsana) If the firms which are under

partnership deed Company Pvt Ltd shall have to submit EPF registration certificate

If not obtain they shall have to obtain the earliest and latest by the time of agreement

They shall have to submit necessary undertaking certificate for this in ANNEXURE-

VI

114 Self attested Copy of Registration particulars with Central Excise for Service Tax If

undertaking is given he shall have to submit within one month before agreement failing

which there will be no agreement (If Service tax is not applicable he shall have to

submit reasons as to how it is not applicable)

115 Partnership deed amp power of attorney who has signed the bid (self attested copy) if

applicable

116 Bio-data of Tenderer in ANNAXURE--IV

117 Declaration to be given in ANNEXURE-II A amp II B

12 Rates to be quoted in ANNEXURE-III In Financial Bid to be submitted separately

in sealed cover

13 GMTD Mehsana reserves the rights to terminate RRC for breach of condition

conditions of the agreement after giving a show cause notice of 14 days and after

examination reply if any filled by him pursuance to show cause notice

14 EPF contribution in respect of LabourEmployees employed by the contractor for

execution of works of BSNL if applicable The contractor will have to

fulfillcompliance of the provisions of EPF amp Misc provisions Act1952 amp Employees

provident fund scheme-1952 by the contractor in respect of LaboursEmployees

engaged by them for performing the work of BSNL while submitting the claim of bills

towards works executed by him if applicable he must accompany the

i List showing the details of LaboursEmployees engaged

ii Duration of their engagement

iii The amount of wages paid to such LaboursEmployees for the duration in question

iv Amount of EPF contribution (both employees amp employers contribution) for the

duration of engagement in question paid to the EPF authorities

31 Signature of the Contractor

v Copies of authenticated documents of payments of such contributions to

EPF authorities and a declaration for compliance of EPF Act 1952

15 The BSNL reserves the right to disqualify such bidders who have a record of not

meeting contractual obligation against earlier contracts entered into with the

BSNL MEHSANA

16 Multiple Vendor System -The BSNL Mehsana intends to limit the number

of technically amp commercially responsive bidders to (Maximum three) from

the list of such bidders arranged in increasing order of their evaluated rate

starting from the lowest for the purpose of award of work against this

tender The distribution of quantum of work among the bidders is as per

clause of Section ndash of tender document

ldquoHowever SSA Head Mehsana reserve the right for the award of contract amp

work of entire tendered quantity to the bidder with the lowest evaluated

ratesrdquo

17 NOTE-

Tender documents containing detailed description of work terms amp conditions can be

had from Asstt General Manager (MM) Oo GMTD Mehsana 2nd Floor Admn

Building Sanchar Bhawan Pilaji Ganj Mehsana-384001 between 10=00 hours to

17=00 hours from 26102016 to 17112016 on all working days

Asstt General Manager (MM) Oo GMTD Mehsana ndash 384001

32 Signature of the Contractor

SECTION ndashVI

1 Specification and Tentative Quantum of work for repairing of EPBT amp

CLIP (approximate)

Sr

No

Name of SDE Unit

[Concern Supervising

Authority]

Quantum of Works for Tender for repairing

of EPBT amp CLIP Instruments [In No]

CLIP Inst EPBT

Inst

Buttons

Key

Plan Inst

1 SDE P MEHSANA 750 900 3 5

2 SDE G MEHSANA 225 250 5 0

3 SDE G CHANASAMA 100 0 5 0

4 SDE G CHHATRAL 350 200 0 0

5 SDEP KADI 50 0 0 0

6 SDEG KADI 50 0 0 0

7 SDEP KALOL 750 450 7 0

8 SDEG KALOL 150 50 0 0

9 SDEP VIJAPUR 60 85 2 0

10 SDEG VIJAPUR 75 95 2 0

11 SDEG MNSGZR 50 80 3 0

12 SDEG KUKARWADA 50 75 2 0

13 SDEP VISNAGAR 350 200 5 0

14 SDEG VISNAGAR 150 75 4 0

15 SDEG VADNAGAR 100 25 4 0

16 SDEG SATLASANA 75 40 3 0

17 SDEG KHERALU 100 50 3 0

18 SDEP UNJHA 500 400 3 0

19 SDEG UNJHA 100 113 2 0

20 SDEP SIDHPUR 450 300 3 0

21 SDEG SIDHPUR 200 200 5 0

22 SDEP PATAN 350 150 5 0

23 SDEG PATAN 100 50 5 0

24 SDEG HRJSAMI 100 50 4 0

Total 5235 3838 75 5

33 Signature of the Contractor

SECTION ndashVII

STANDARD SCHEDULE OF RATE (SOR) FOR REPARING OF EPBT

AND CLIP INSTRUMENT IN MEHSANA TELECOM DISTRICT (MEHSANA SSA)

To

GMTD Mehsana

Sub - Our Financial Bid for repairing of EPBT amp CLIP Instruments in Mehsana SSA

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Sir

Having examined the tender documents terms amp conditions specification of work

stipulated there in IWe the undersigned offer our rates in percentage as under

Brief description of items for

Repairing under ARC

Approx Quantity to be

repaired under ARC

SOR Per Instrument

(a) (b) (c)

(1) Repairing of CLIP Telephones

instruments

5235 No Rs 55-

(2) Repairing of Electronics Push

Button Telephones (EPBT)

3838 No Rs 23-

(3) Repairing of Buttons Key

75 No Rs 26-

(3) Repairing of Plan Instruments

5 No Rs 39-

Note- The Quantity of Clip instrument ( 5500) may be consider which AMC will be expired as per given below -

(1) AMC of 1400 PTPL instrument may be expired on 23092016

(2) AMC of 3100 PTPL instrument may be expired on 21012017

(3) AMC of 1000 PTPL instrument may be expired on 25032017

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

34 Signature of the Contractor

ANNEXURE-I

Fault analysis report of instruments of quarter ending

No of faulty

instruments

with

contractor at

the

beginning of

the period

No of faulty instruments

received by contractor

during the quarter

No of faulty instruments

repaired and returned to

Depot officer

CF No of

faulty

instruments

with

contractor

In warranty Out of

warranty

In warranty Out of

warranty

1

2

Nature of Fault

Type No Of instruments

No

dial

tone

Dial

faulty

No

ring

Poor

speechdisturbance

Dead Display

Fault

No fault

foundMisc

In

warrant

Out of

warranty

Repairing carried out

Type Faults in

TransmitterReceiver Ringer Contract

foil

PCB

Fault

Disply No fault

foundMisc

In

warrant

Out of

warranty

35 Signature of the Contractor

ANNEXURE ndashII

DECLARATION

(TO BE SUBMITTED WITH TECHNICAL BID)

IWe hereby declare that IWe have carefully gone through the Terms amp Conditions of

Tender Notice Invited vide No MMTenderMehsana2016-1706 Dated 26102016 in

detail and agree to the rate submitted by MeUs in the rate sheet and IWe agree in full to

abide by them

1) Signature of the Party ___________________________________

Full Name ___________________________________

(In block letter) ___________________________________

2) Full address ___________________________________

___________________________________

___________________________________

___________________________________

Tele No (O)________________________________

(R)________________________________

3) Capacity in which the __________________________________

Tender is signed

Rubber stamp is required) __________________________________

__________________________________

Date Signature of the Tenderer with seal

36 Signature of the Contractor

ANNEXURE ndash IV

DECLARATION REGARDING EPF TO BE GIVEN ON NON-JUDICIAL STAMPS

PAPER OF RS 100-

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

I helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipProprietor of

Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip do here by declare

that I am the proprietor of my above firm I am carrying out the repairing of

EPBT amp CLIP my self I do not engage labour So EPF is not applicable to

me

However the decision of the competent authority shall be binding to me in

this regard

Name of the Bidder

Signature of the Bidder with Seal

37 Signature of the Contractor

ANNEXURE ndash V

Undertaking to be given for compliance of EPF Registration certificate

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

We the partners Directors of the firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Do here by undertake that if our tender is accepted we will submit the EPF Registration

certification at the earliest latest by one month after the agreement carried out with the

BSNL Mehsana for execution of works for repairing of EPBT amp CLIP Instruments in

Mehsana SSA failing which the decision of the competent authority will be binding on us

To be signed by all Partners directors

38 Signature of the Contractor

ANNEXURE ndash VI

LETTEROF AUTHORISATION FOR ATTENDING BID OPENING

Tender Number MMTenderMehsana2016-1706 Dated 26102016

Subject Authorisation for attending bid opening on___________________(date) the

tender of following persons are hereby authorised to attend the bid opening

for the tender mentioned above on behalf of ______________________

(Bidder) in order of preference given below

Order of Preference Name

Specimen Signatures

I

II

Alternate

Representative

Signatures of

bidder

Or

Officer authorised to sign the bid

Documents on behalf of the bidder

No 1 Maximum of two representatives will be permitted to attend bid opening In

case where it is restricted to one first preference will be allowed Alternate

representative will be permitted when regular representatives are not to able

attending

2 Permission for entry to the hall where bids are opened may be refused in case

authorisation as prescribed above is not recovered

39 Signature of the Contractor

ANNEXURE ndash VII

INTEGRITY PACT

Between

Bharat Sanchar Nigam Limited (BSNL) GMTD-Mehsana hereinafter referred to as ldquoThe

Principalrdquo

And

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphereinafter referred to as ldquoThe BidderContractorrdquo

Preamble

The Principal intends to award under laid down organizational procedures contracts for --

----------------------------------------- The Principal values full compliance with all relevant

laws and regulations and the principles of economic use of resources and of fairness and

transparency in its relations with its Bidders and Contractors

In order to achieve these goals the Principal will appoint an Independent External Monitor

who will monitor the tender process and the execution of the contract for compliance with

the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to

observe the following principles -

(a) No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for

or accept for himherself or third person any material or immaterial benefit which heshe

is not legally entitled to

(b) The Principal will during the tender process treat all Bidder(s) with equity and reason

The Principal will in particular before and during the tender process provide to all

Bidder(s) the same information and will not provide to any Bidder(s)

confidentialadditional information through which the Bidder(s) could obtain an advantage

in relation to the tender process or the contract execution

(c) The Principal will exclude from the process all known prejudiced persons

(2) If the Principal obtains information on the conduct of any of its employees which is a

criminal offence under the relevant Anti-Corruption Laws of India or if there be a

substantive suspicion in this regard the Principal will inform its Vigilance Office and in

addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder(s)Contractor(s)

(1) The Bidder(s)Contractor(s) commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation

in the tender process and during the contract execution

(a) The Bidder(s)Contractor(s) will not directly or through any other person or firm offer

promise or give to any of the Principalrsquos employees involved in the tender process or the

40 Signature of the Contractor

execution of the contract or to any third person any material or immaterial benefit which

heshe is not legally entitled to in order to obtain in exchange any advantage of any kind

whatsoever during the tender process or during the execution of the contract

(b) The Bidder(s)Contractor(s) will not enter with other Bidder(s) 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

(c) The Bidder(s)Contractor(s) will not commit any offence under the relevant Anti-

corruption Laws of India further the Bidder(s)Contractor(s) will not use improperly for

purposes of competition or personal gain or pass on to others any information or

document provided by the Principal as part of the business relationship regarding plans

technical proposals and business details including information contained or transmitted

electronically

(d) The Bidder(s)Contractor(s) will when presenting his bid disclose any and all

payments he has made is committed to or intends to make to agents brokers or any other

intermediaries in connection with the award of the contract

(2) The Bidder(s)Contractor(s) will not instigate third persons to commit offences outlined

above or be an accessory to such offences

Section 3 ndash Disqualification from tender process and exclusion from future contracts

If the Bidder(s)Contractor(s) before contract award or during execution has committed a

transgression through a violation of Section 2 above or in any other form such as to put his

reliability or credibility in question the Principal is entitled to disqualify the

Bidder(s)Contractor(s) from the tender process or take action as per the defined procedure

Section 4 ndash Compensation for Damages

(i) If the Principal has disqualified the Bidder(s) from the tender process prior to the award

according to Section 3 the Principal is entitled to demand and recover the damages

equivalent to Earnest Money Deposit Bid Security

(ii) If the Principal has terminated the contract according to Section 3 or if the Principal is

entitled to terminate the contract according to section 3 the Principal shall be entitled to

demand and recover from the Contractor the amount equivalent to Security Deposit

Performance Bank Guarantee in addition to any other penalties recoveries as per terms

and conditions of the tender

Section 5 ndash Previous transgression

(i) The Bidder declares that no previous transgression occurred in the last 3 years with any

other Company in any country conforming to the Anti-corruption approach or with any

other Public Sector Enterprise in India that could justify his exclusion from the tender

process

(ii) If the Bidder makes incorrect statement on this subject he can be disqualified from the

tender process or action can be taken as per the defined procedure

Section 6 ndash Equal treatment of all BiddersContractorsSubcontractors

41 Signature of the Contractor

(i) The principal will enter into agreements with identical conditions as this one with all

BiddersContractors

(ii) The Bidder(s)Contractor(s) undertake(s) to demand from all subcontractors a

commitment in conformity with this Integrity Pact

(iii) The Principal will disqualify from the tender process all bidders who do not sign this

Pact or violate its provisions

Section 7 ndash Criminal charges against violating

Bidder(s)Contractor(s)Subcontractor(s)

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or

of an employee or a representative or an associate of a Bidder Contractor or

Subcontractor which constitutes corruption or if the Principal has substantive suspicion in

this regard the Principal will inform the Corporate Vigilance Office

Section 8 ndash External Independent MonitorMonitors

1 Principal appoints competent and credible Independent External Monitor for this Pact

The task of the Monitor is to review independently and objectively whether and to what

extent the parties comply with the obligations under this agreement

2 The Monitor is not subject to instructions by the representatives of the parties and

performs his functions neutrally and independently He reports to the CMD of the BSNL

3 The Bidder(s)Contractor(s) accepts that the Monitor has the right to access without

restriction to all Project documentation of the Principal including that provided by the

Contractor The Contractor will also grant the Monitor upon his request and demonstration

of a valid interest unrestricted and unconditional access to his project documentation The

same is applicable to Subcontractors The Monitor is under contractual obligation to treat

the information and documents of the Bidder(s)Contractor(s)Subcontractor(s) with

confidentiality

Notwithstanding anything contained in this Section the Bidder(s)Contractor(s) shall have

no obligation whatsoever to provide any internal costing mechanisms or any internal

financial or commercial data pursuant to any audit or review conducted by or on behalf of

the Principal Further the Bidder(s)Contractor(s) shall not be required to provide any data

relating to its other customers or any personnel or employee related date

4 The Principal will provide to the Monitor 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 Principal and the Contractor The parties offer to the

Monitor the option to participate in such meetings

5 As soon as the Monitor notices or believes to notice a violation of this agreement he

will so inform the Management of the Principal and request the Management to

discontinue or take corrective action or to take other relevant action The monitor can in

this regard submit non-binding recommendations Beyond this the Monitor has no right to

demand from the parties that they act in a specific manner refrain from action or tolerate

action

42 Signature of the Contractor

6 The Monitor will submit a written report to the Chairperson of the Board of the Principal

within 8 to 10 weeks from the date of reference or intimation to him by the lsquoPrincipalrsquo and

should the occasion arise submit proposals for correcting problematic situations

7 If the Monitor has reported to the CMD of the BSNL a substantiated suspicion of an

offence under relevant Anti-Corruption Laws of India and the BSNL has not within

reasonable time taken visible action to proceed against such offence or reported it to the

Corporate Vigilance Office the Monitor may also transmit this information directly to the

Central Vigilance Commissioner Government of India

8 The word lsquoMonitorrsquo would include both singular and plural

Section 9 ndash Pact Duration

This Pact begins when both parties have legally signed it It expires for the Contractor 12

months after the last payment under the contract and for all other Bidders 6 months after

the contract has been awarded

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 dischargeddetermined by

CMD BSNL

Section 10 ndash Other provisions

1 This agreement is subject to Indian Law Place of performance and jurisdiction is the

Registered Office of the Principal ie New Delhi The arbitration clause provided in the

tender document contract shall not be applicable for any issue dispute arising under

Integrity Pact

2 Changes and supplements as well as termination notice need to be made in writing

3 If the Contractor is a partnership or a consortium this agreement must be signed by all

partners or consortium members

4 Should one or several provisions of this agreement turn out to be invalid the remainder

of this agreement remains valid In this case the parties will strive to come to an agreement

to their original intensions

------------------------------------ ----------------------------------

For the Principal For the BidderContractor

Placehelliphelliphelliphelliphelliphelliphelliphellip Witness 1 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphellip Witness 2 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

43 Signature of the Contractor

Anexx-VIII

AGREEMENT

This agreement made on thishelliphelliphellip day of helliphelliphellip Yearhelliphelliphelliphellip Between hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphellipHerein after called ldquo The contractorrdquo (which expression shall unless excluded by or

repugnant to the context include its successors heir executors administrative representative and

assignee) of the one part amp the BSNL (GMTD Mehsana) herein after referred to as the BSNL of

other part Tender No MMTenderMehsana2016-1706 Dated 26102016

Where as the contractor has offered to enter with the said BSNL for the contract for repairing of

EPBT amp CLIP Plan instruments amp Buttons Key in Mehsana SSA Mehsana Telecom District on

the terms and conditions herein contained and the rates approved by the BSNL (copy of rates

annexed) have been dully accepted and whereas the necessary security deposit have been furnished

in accordance with the provision of the tender documents and whereas no interest will be claimed

on the security deposit Now these presents witness and it is hereby agreed and declared by and

between the partiesrsquo presents as follows

(1) The contractor shall during the period of this contract that is to say fromhelliphelliphelliphelliphellipTo

helliphelliphelliphellip or completion of work whichever is earlier or until this contract shall be

determined by such notice as is herein after mentioned safely carried out by means of

Labours employed at his own expense and by means of tools implements of equipments

etc to be supplied by him to his Labours at his own expense all work of repairing of

EPBT amp CLIP instruments as described in tender documents (annexed to the agreement)

when the BSNL or any other person authorized by GMTD Mehsana in that behalf require it

is under stood by the contractor that the quantity of work mentioned in the schedule is

likely to change as per actual requirement as demanded by exigencies of service

(2) The Notice Inviting Tender Bid documents (qualifying and financial) letter of intent

approved rates annexed here to and such other additional particulars instructions

drawings work orders as may be found requisite to be given during execution of work

shall be deemed and taken to be an integral part of the contract and shall be deemed to be

included in the expression ldquoThe agreement) or ldquoThe Contractrdquo wherever herein used

(3) The contractor also supplies the requisite number of workmen with means and materials as

well as tools appliances vehicles for transportation cartage etc required for the proper

execution of work within the prescribed in the work orders

(4) The contractor hereby declares that no body connected with or in the employment of the

BSNL is notshall not ever be admitted as partner in the contract

(5) The contractor shall abide by the terms and conditions rules guide lines constructions

particulars safety precautions etc stipulated in the tender documents including any

correspondence between the contractor and the BSNL having bearing on execution of work

and payments of work to be done under the contract

In witness whereof the partiesrsquo presents have here in to set their representative hands and

seals the day and year in

Signed sealed amp Delivered by

The above named contractor in the presence of

Above written

Witness

(1)

(2) Signed and delivered on behalf of BSNL

Witness

(1)

(2)

44 Signature of the Contractor

ANNEXURE-IX - UNDERTAKING

This deed of undertaking executed on this helliphelliphellip day ofhelliphelliphelliptwo thousand andhelliphellip

by (name of sole proprietorpartnerdirectorauthorized representative the firm

company trust society etc)helliphelliphelliphelliphelliphelliphelliphelliphelliphellipSO helliphelliphelliphelliphelliphelliphelliphellip

residing athelliphelliphelliphelliphelliphelliphelliphelliphelliphellipOn behalf of said helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of the firm company Trust Society etc) having its office athelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

and dully authorized to sign file and verify present undertaking by the said hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of Firm company Society etc) in favour of Bharat Sanchar Nigam Ltd a

Government Of India undertaking having its registered office at Statesman

HouseB-148 Barkhamba Road New Delhi and local office at Administrative

Building Sanchar Bhawan BSNL Pilaji Ganj Mehsana-1 here in after called

BSNL (which terms shall mean and include its successors administrators heirs and

assigns Where as MS BSNL invited bids for repairing of EPBT amp CLIP instruments in Mehsana SSA

IWe participated in the bidding process and emerged as successful bidder with respect to tender No

MMTenderMehsana2016-1706 Dated 26102016

IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Acknowledge that IWe have fully under

stood and aware of the terms amp conditions of the Tendercontract and do hereby unequivocally and

unconditionally undertake and declare that

(1) IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip shall comply with all

the rulesRegulationsLawsGovernment instructionsstatus etc that are

applicable will be made applicable and or are aimed to protect the interest of

the workersemployees engaged by meus in the past and during the course of

performance of the contract with BSNL

(2) IWe shall fully protect indemnity and hold harmless BSNL and its employees

officers Directors agents judgments damages fines penalties and costs

(including legal costs and disbursements) arising from or relating to

Any breach violation of any direction order from any governmental

authority any provisions of the labour laws or any other laws status or

regulations that are or will be aimed to protect the interest of the

workersLabours engaged by the contractors in past and during the

course of this contract

OR

Any other payments claims or liability that may arise for ensuring

compliance of the provisions of any of the labour laws or any other laws

etc OR

Any other claim made by any third party in connection with any violation

of any laws guide lines instructions etc

In witness whereof this undertaking has caused on thehelliphelliphelliphelliphelliphellip

DayhelliphelliphelliphelliphellipMonth ofhelliphelliphellip Year

Date

Place

Signature

Name

Designation

Witness 1 2helliphelliphellip

45 Signature of the Contractor

ANNEXURE-X

E-Tendering Instructions to Bidders

These Special Instructions (for e-Tendering) supplement lsquoGeneral instructions to Biddersrsquo as enclosed in Section IV of this E-Tender Document Wherever there is a conflict the provisions herein shall prevail over those in other pages of this document

Submission of Bids only through online process is mandatory for this Tender

For conducting electronic tendering BSNL Mehsana is using the portal

(httpeprocurementsynisecombsnl1gujarat) of Ms Synise Technologies ltd Pune A - Submission of tender

1 The bidding process will be accepted only through e-tendering platform 2 Availability of e-tendering document e-tender document can be obtained by

downloading it from the website httpeprocurementsynisecombsnl1gujarat the

physical copy of the Tender document would not be available for sale

3 The Tender document shall not be available for download on its submissionclosing date B - General 1 Tender Bidding Methodology

Sealed Bid System ndashldquoSingle Stage using two envelopsrdquo

In this case of two envelope system Financial amp Techno-commercial bids shall be

submitted by the bidder at the same time

2 Broad outline of activities from Bidders prospective

1 Procure a Digital Signing Certificate (DSC)

2 Register on Electronic Tendering System (RETS)

3 Create Users and assign roles on ETS

4 View Notice Inviting Tender (NIT) on ETS

5 Download Official Copy of Tender Documents from ETS

6 Clarification to Tender Documents on ET Query to BSNL (Optional)

View response to queries posted by BSNL as addenda

7 Bid-Submission on ETS

8 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Techno-commercial Part

9 View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond to BSNLrsquos Post-TOE queries

10 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Financial-Part (Only for Technical Responsive Bidders)

For participating in this tender online the following instructions need to be read

carefully These instructions are supplemented with more detailed guidelines on

the relevant screens of the ETS

3 Digital Certificates

For integrity of data and its authenticity non-repudiation of electronic records and be compliant with IT Act 2000 it is necessary for each user to have a Digital Certificate (DC) also referred to as Digital Signature Certificate (DSC) of Class 2 or above issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer httpwwwccagovin]

4 Registration

To use the Electronic Tenderreg portal ( httpeprocurementsynisecombsnl1gujarat) vendor needs to register on the

46 Signature of the Contractor

portal Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e-tendering activities In ETS terminology this person will be referred to as the Super User (SU) of that organization For f u r ther details

p lease v is i t the websiteportal and follow further instructions as given on the site You may also contact tender wizard Helpdesk (as given below) to get your registration acceptedactivated Tender wizard Helpdesk

Telephone 020-30277517 020-30277522020-30277516

[between 1000 hrs to 1800 hrs on working days]

Mobile Nos Mr Hiren Pandar 7774013247 7774013248

E-mail ID helpdesksynisecom [Please mark CC

hirenpsynisecom]

BSNL Contact-1

BSNLrsquos Contact Person AGM MM Mehsana

Telephone Mobile (02762-220855222900)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID agmmmmehbsnlin

BSNL Contact-2

BSNLrsquos Contact Person SDE MM-Mehsana

Telephone Mobile (02762-221855)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID mehsdemm2bsnlin 5 Bid related Information for this Tender (Sealed Bid)

The entire bid-submission would be

online on ETS Broad outline of

submissions are as follows

Submission of digitally signed copy of Tender DocumentsAddendumaddenda

Two Envelopes

Techno-commercial -Part

Financial-Part

Note -

i) If some document is not applicable for the bidder then he has to upload

scanned copy of paper mentioning ldquoThe document ltNamegt called vide

clause helliphelliphelliphelliphelliphelliphellip is not applicable on usrdquo

ii) If document asked for contains more than one page then all those pages may be uploaded in one PDF format file

iii) Please take care to scan documents such that the total size of

documents to be uploaded remains minimum However it shall be sole

responsibility of bidder that the uploaded documents remain eligible

6 Offline Submissions

The bidder is requested to submit the following documents offline to AGM (MM) 2nd Floor Sanchar Bhawan Pilaji Ganj Mehsana-384001 on or before the date amp

time of submission of bids specified in covering letter of this tender

47 Signature of the Contractor

document in a Sealed Envelope The envelope shall bear (name of the tender) the tender number and the words lsquoDO NOT OPEN BEFORErsquo (due date amp time)

1 EMD-Bid Security in Original

2 DD Bankers cheque against payment of tender fee

3 Power of attorney (if applicable) Note The bidder has to upload the Scanned copy of all above said documents during

online Bid submission also

7 Special Note on Security of Bids

Security related functionality has been rigorously implemented in ETS in a multi-dimensional manner Starting with Acceptance of Registration by the Service Provider provision for security has been made at various stages in Electronic Tenderrsquos software Security related aspects as regard Bid Submission are outlined below

As part of the Electronic Encryptertrade functionality the contents of both the lsquoElectronic Formsrsquo and the lsquoMain-Bidrsquo are securely encrypted using a Pass-Phrase created by the Bidder himself Unlike a lsquopasswordrsquo a Pass-Phrase can be a multi-word sentence with spaces between words (eg I love this World) A Pass-Phrase is easier to remember and more difficult to break It is recommended that a separate Pass-Phrase be created for each Bid-Part This method of bid- encryption does not have the security and data-integrity related vulnerabilities which are inherent in E-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid- encryption Bid-encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE) even if there is connivance between the concerned tender- opening officers of the Buyer organization and the personnel of e-tendering service provider

Typically lsquoPass-Phrasersquo of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself when demanded by the concerned Tender Opening Officers who will open the bid Else Tender Opening Officer may authorize the bidder to open his bid himself There is an additional protection with SSL Encryption during transit from the client-end computer of a Supplier organization to the e-tendering server portal

8 Public Online Tender Opening Event (TOE)

ETS offers a unique facility for lsquoPublic Online Tender Opening Event (TOE)rsquo Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices For this purpose representatives of bidders (ie Supplier organization) dully authorized are requested to carry a Laptop and Wireless Connectivity to Internet Every legal requirement for a transparent and secure lsquoPublic Online Tender Opening Event (TOE)rsquo has been implemented on ETS As soon as a Bid is decrypted with the corresponding lsquoPass-Phrasersquo as submitted online by the bidder himself (during the TOE itself) salient points of the Bids are simultaneously made available for downloading by all participating bidders The work of taking notes during a manual lsquoTender Opening Eventrsquo is therefore replaced with this superior and convenient form of lsquoPublic Online Tender Opening Event (TOE)rsquo ETS has a unique facility of lsquoOnline Comparison Chartrsquo which is dynamically updated as each online bid is opened The format of the chart is based on inputs provided by the Buyer for each Tender The information in the Comparison Chart is based on the data submitted by the Bidders in electronic forms A detailed Technical and or Financial Comparison Chart enhances Transparency Detailed instructions are given on relevant screens

48 Signature of the Contractor

ETS has a unique facility of a detailed report titled lsquoMinutes of Online Tender Opening Event (TOE)rsquo covering all important activities of lsquoOnline Tender Opening Event (TOE)rsquo This is available to all participating bidders for lsquoViewing Downloadingrsquo

There are many more facilities and features on ETS For a particular tender the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer

NOTE In case of internet related problem at a bidderrsquos end especially during lsquocritical

eventsrsquo such as ndash a short period before bid-submission deadline during online

public tender opening event etc it is the bidderrsquos responsibility to have backup

internet connections In case there is a problem at the e- procurement

service-providerrsquos end (in the server leased line etc) due to which all the

bidders face a problem during critical events and this is brought to the notice

of BSNL by the bidders in time then BSNL will promptly re-schedule the

affected event(s)

9 Other Instructions

For further instructions the vendor should visit the home-page of the portal

( httpeprocurementsynisecombsnl1gujarat) and go to the User-Guidance Center The help information provided through lsquoETS User-Guidance Centerrsquo is available in three categories ndash

Users intending to Register First-Time Users Logged-in users of Buyer organizations and Logged-in users of Supplier organizations Various links are provided under each of the three categories Note It is strongly recommended that all authorized users of Supplier

organizations should thoroughly peruse the information provided under the

relevant links and take appropriate action This will prevent hiccups and minimize

teething problems during the use of ETS

The following lsquoFOUR KEY INSTRUCTIONS for BIDDERSrsquo must be assiduously adhered to

1 Obtain individual Digital Signing Certificate (DSC or DC) well in advance of

your first tender submission deadline on ETS

2 Register your organization on ETS well in advance of your first tender submission deadline on ETS

3 Get your organizationrsquos concerned executives trained on ETS well in advance of your first tender submission deadline on ETS

4 Submit your bids well in advance of tender submission deadline on ETS as

there could be last minute problems due to internet timeout breakdown etc

While the first three instructions mentioned above are especially relevant to first-time users of ETS the fourth instruction is relevant at all times

10 Minimum Requirements at Bidders end

Computer System with good configuration (Min P IV 1 GB RAM Windows XP)

Broadband connectivity

Microsoft Internet Explorer 60 or above

Digital Certificate(s) for users

49 Signature of the Contractor

ANNEXURE-III

RATE SHEET

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Rate should be quoted in below Rate Sheet

Sr

No

Rates Quoted By Bidder With Respect to SOR (Schedule Of Rate)

Particulars In Figure In Words

1 Above Of SOR

2 Below Of SOR

3 AT PAR

[At Same Rates of SOR]

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

Signature of the Bidder with Seal

Note

1 All faulty instruments are to be repaired except fully broken or fully burnt due to

electric hazards

2 The work may be offered to more than one contractor if required

Signature of the Tenderer with seal

Full Name _____________________

Full Address________________________

  • TABLE OF CONTENTS
    • CERTIFICATE REGARDING NEAR RLATIVES
      • LETTEROF AUTHORISATION FOR ATTENDING BID OPENING
      • Signed sealed amp Delivered by
      • Above written
        • ANNEXURE-IX - UNDERTAKING

22 Signature of the Contractor

(d) The contractor shall comply with the provisions of the payment of wages Act 1936

Minimum wages Act 1948 Employees Liability Act 1938 Workmenrsquos compensation Act

1923 Industrial Disputes Act 1947 Maternity Benefits Act 1961 and the contractorrsquos

Labour (regulation and abolition) Act 1970 or the modifications there of or any other laws

relating thereto and the rules made there under from time to time

(e) The contractor shall indemnify Government against payments to be made under and

for the observance of the laws aforesaid without prejudice to his right to claim indemnity

from his sub-contractors

(f) The regulations aforesaid shall be deemed to be a part of this contract and any breach

thereof shall be deemed to be a breach of this contract

33 OTHER LABOUR WELFARE MEASURES

The contractor shall comply with all the provision of the Minimum wages Act 1948

Contractor Labour (R amp A) Act 1970 and rules framed and other labour laws affecting

contract labour that may be brought into force from time to time

34 The contract shall not assign or sublet without the written approval of the GMTD

MEHSANA or his nominated representative and if the contractor shall assign or sublet his

contract or attempt so to do or become insolvent or commence any insolvency proceeding

or make any composition with his creditors or attempt so to do or if any bribe gratuity

gift loan perquisite reward or advantage pecuniary or otherwise shall either directly or

indirectly be given promised or offered by the contractor or any of his servants or agent to

any public officer or person in the employ of Government in any way relating of his office

or employment or if any such officer or person shall become in any way directly or

indirectly interested in the contract the Designated official on behalf of the President of

India shall have power to adopt any of the coursed specified in clause 24 as he may deem

best suited in the interest of Government and in the event of any of these course being

adopted the consequences specified in the said clause 24

35 All sums payable by way of compensation under any of these conditions shall be

considered as reasonable compensation to be applied to the use of Government without

reference to the actual loss or damage sustained and whether or not any damage shall have

been sustained

36 PARTNERSHIP FIRMS

Where the contractor is a partnership firm the previous approval in writing of the

Designated officialnominated representative shall be obtained before any change is made

in the constitution of the firm Where the contractor is an individual or a Hindu undivided

family business concern such approval as aforesaid shall like wise be obtained before the

contractor enters into any partnership agreement where under the partnership firm would

have the right to carry out the work hereby undertaken by the contractor If previous

approval as aforesaid is not obtained the contract shall be deemed to have been assigned in

contravention of Clause hereof and the same action may be taken and the same

consequence shall ensure as provided in the said clause

37 All works to be executed under the contact shall be executed under the direction and

subject to the approval in all respected of the Designated official who shall be entitled to

direct at what point or points and in what manner they are to be commenced and from time

to time carried on

23 Signature of the Contractor

38 Whenever any claim against the contractor for the payment of a sum or money arises

out of or under the contract Government shall be entitled to recover such sum by

appropriating in part or whole the security deposit of the contractor and to sell any

Government Promissory Notes etc forming the whole or part of such security In the event

of the security being insufficient or if no security has been taken from the contractor then

the balance or the total sum recoverable as the case may be shall be deducted from any

sum then due or which at any time thereafter may become due to the contractor under this

or any other contract with Government Should this sum be not sufficient to cover the full

amount recoverable the contract shall pay to Government on demand the balance

remaining dues

39 AUDITS AND TECHNICAL EXAMINATION

391 Company shall have the right to cause an audit and technical examination of the

works and the final bills of the contractor including all supporting vouchers abstract etc to

be made after payment of the final bill and if as a result of such audit and technical

examination any sum is found to have been overpaid in respect of any work done by the

contractor under the contract or any work claimed by him to have been done by him under

the contract and found to have amount of over payment and it shall be liable to refund the

amount of over payment and it shall be lawful for Company to recover the same from him

in the manner prescribed or in any other manner legally permissible and if it is found that

the contractor was paid less than what was due to him under the contract in respect of any

work executed by him under it the amount of such under payment shall be duly paid by

Company to the contractor

392 Any sum of money due and payable to the contractor (including Security Deposit

returnable to him) under this contract may be appropriated by the Company and set off

against any claim of the Company for the payment of a sum or money arising out of or

under any other contract made by the contractor with the Company

40 Contractor shall not enter into agreement with any other unit on approved tender of

GMTD MEHSANA without prior approval of the General Manager Telecom District

MEHSANA

41 Without prejudice to any of the rights or remedies under this contract if the contractor

dies the GMTD MEHSANA on behalf of the company shall have the option of

terminating the contract without compensation to the contractor

42 No Engineer of gazetted rank or other gazetted officer employed in Engineering or

administrative duties in an Engineering Department of the Government of India is allowed

to work as contractor for a period of two years of his retirement from Government service

without the prior permission of Government of India This contract is liable to be canceled

if either person who had not obtained the permission of Government of India as aforesaid

before submission of the tender or engagement in the contractors service as the case may

be

43 COMPENSATION FOR DELAY The time allowed for carrying out the work as

mentioned shall be strictly observed by the contractor and shall be deemed to be of the

essence of the contract on the part of the contractor However for special jobs if the

contractor has submitted a time schedule and the same has been accepted by the designated

officialnominated representative of the company the contractor shall comply with the

said time schedule

24 Signature of the Contractor

44 TIME LIMIT amp LIQUIDATED DAMAGE CHARGES

441 It will be at the discretion of the GMTD MEHSANA to revise or modify or extend

the time limits specified for the total work awarded to the contractor or to further specify

the quantum of work to be completed within a specified period provided a written request

has been received from the contractor explaining the reasons for which such extension of

time is asked for and the GMTD MEHSANA in the particular case is convinced and

satisfied that such extension or revision or modification is in the interest of the

Government In such cases payment of liquidated damage as compensation for delay

becomes liable based on such revised or modified or extended time limits and the

conditions under which such extension or modification or revision has been made

Liquidated damage will be charged as per Special Condition clause No2 amp 3 read as

under

1 Delay in collection - Rs5- per instrument per week or part there of for entire lot of

unserviceable instruments collected delayed subject to a maximum Rs20- per instrument

in case timely collection is not done as per 2(b) of special conditions

2 Delay in delivery- Rs2- per week or part there of on the entire lot of instruments

delivered delayed in case of delivery not made timely as per Para 3 of Special conditions

442 The contractor shall have to complete the contractual work within stipulated period

and it is very clearly understood between the parties that the time is made the essence of

contract

45 The Company assumes no responsibility whatever for any oral understandings or

representations made by any its officers or agents or servants prior to the execution of the

contract and all previous negotiations and understandings are hereby canceled

46 STORERSMATERIAL SUPPLIED BY THE GOVERNMENT

All materials supplied to the contractor by the company shall remain the absolute

property of Company and shall not be removed from site of the work except for use in the

work and shall be at all times open to inspection by Designated official

47 In the event of the contractor being adjudged insolvent or going voluntarily into

liquidation or having received order or other order under insolvency Act made against him

or in the case of a company of the passing of any resolution or making of any order for

winding up weather voluntarily or otherwise or in the event of the contractor failing to

comply with any of the conditions herein specified the GMTDMEHSANA shall have

the power to terminate the contract without previous notice

48 ACCEPTANCES AND MEASUREMENT

481 It is important that the work carried out by contractor is approved by the designated

official nominated representative of the company

482 The designated official nominated representative of the Govt and the contractor or

his authorized representative will certify under their signature at the appropriate places that

the work carried out is as per the specification

49 PRICE VARIATION

25 Signature of the Contractor

The Company shall not be responsible for any escalation in prices of labour or materials

machinery equipment etc whatsoever or any increase in any duties levies or taxes in

respect thereof whatsoever and the contractor rates and contractors obligations shall

remain unaffected by such escalation and or increases

50 FORCE MAJEURE

In the event of either party being rendered unable by force majeure to perform this

contract than the obligations of the party effected by such force majeure shall be

suspended for the whole period during which such cause lasts and until normal operation

are resumed and when such cause ends the execution of this contract must be resumed

with all responsible dispatch should the execution of this contract be suspended by force

majeure than a corresponding extension of the completion date shall be automatically

granted The occurrence of a cause of force majeure however shall not relieve the

company and its obligation to make payment to the contractor for the work satisfactorily

executed prior thereto The terms force majeure as employed herein shall mean act of God

war declared or undeclared hostilities enemy actions revolts riots legal lock outs and

eligible strikes tidal waves forest fires major floods explosions earth quakes epidemics

sabotage extra ordinary act and Regulation of central or state Government or Municipality

Bodies Upon the occurrence of such causes and its termination the parties rendered unable

as aforesaid shall notified the other party in writing within 72 hours of the beginning and

ending dates giving full particulars and evidences if required

51 PAYMENTS

The contractor shall prepare the bills claiming shown as labour cost and material cost

separately The contractor shall submit the bills within 30 days after completion of the

work duly certified by the designated officialnominated representative of company

GMTD MEHSANA has full right to disallow the payment of the bills received after 30

days of completion of work

52 The GMTD MEHSANA may however at his discretion allow the contractor to

submit fortnightly bills or at the end of each work

53Income tax at the rate in force at that time would be deducted from his payments of bills

as Tax deducted at source However if any new legislation comes into effect for

deduction of tax at source at any other rate deduction will be made at that rate

The GMTD MEHSANA will issue necessary Income tax deduction certificate or the

Accounts Officer detailing the amount so deducted As Tax Deducted at Source at the time

of payment or each bill

54 The Tenderer should submit all requisite documents including EPF related documents

as per clause in tender terms amp conditions and special conditions along with the bill if

applicable

55 PAYMENT PROCEDURE

551 The bills are to be submitted in TRIPLICATE and in the manner and form that may

be prescribed by the GMTD MEHSANA from time to time ldquoAccounts Payeerdquo cheque

for amount passed in the bill will be issued only after the contractor gives a stamped

receipt for the amount unless the bills are pre-receipt Only Accounts Payee Cheques

drawn on the branch of the state bank of India or other bank in which the GMTD or the

26 Signature of the Contractor

Accounts Officer may be having drawing assignment account will make payments The

payments will be made either by the Accounts Officer or by any other official who at any

period of time may be convenient to the company

552 Any liquidated damages due shall also be recoverable from the bills submitted for the

payment by the aforesaid officer

553 The security deposit with the GMTD Shall be considered for adjustment against

liquidated damages only at the time of final conclusion of the contract and final settlement

of account

554 The GMTD MEHSANA will have e the right to recover liquidated damages for

delay or slow progress of the works from the bills submitted for payment

555 The final settlement of the bills and refund adjustmentappropriation of any amount

detained from the running bill of the contractor shall be made fully after the GMTD is

satisfied that all the contractual obligation have been fully met and no amount remain due

for recovery from the contractor on any count Unless there are specific reasons all

accounts are expected to be settled within a period of six months from the date of

completion of the works in all respects

56 FINAL ACCEPTANCE

If any of the work is found to be unsatisfactory by the designated officialnominated

representative of the govt the contractor shall be intimated in writing of the corrections

repairing to be carried out The contractor shall be required to correct all defects that

remain evident at any time prior to final acceptance of the contractors works by the

GMTD MEHSANA The cost of all such repairs and corrections shall be borne by the

contractor Failure or neglect on the part of the GMTD MEHSANA or his representative

to confirm or reject inferior work notwithstanding final acceptance of the work or any part

thereof by the company THE GMTD MEHSANA Designated official or his

representative shall not be construed to imply the acceptance of such work The provision

of this clause shall not in any way affect or limit the contractors liability under the

undertaking and guarantee contained in the contract documents

57 DISPUTES AND ARBITRATION

All dispute arising between the contractor and GMTD MEHSANA out of this contract

shall be referred to the sole arbitration in the following manners -

a) In case parties are unable to reach a settlement by themselves the dispute should be

submitted for arbitration in accordance with contract agreement

b) There should not be a joint submission with the contractor to the sole arbitrator

c) Each party should submit its own claimed severely and may oppose the claim put

forward by the other party

d) The onus of establishing his claims will be left to the contractor

e) His claim will be firmly resisted by utilizing all the evidence available with the

company

27 Signature of the Contractor

f) Once a claim has been included in the submission by the contractor a retraction or

modification thereof will be opposed

g) The Point of Defense will be based on actual condition of the contract

h) The question whether these conditions are equitable shall not receive any consideration

in the preparation of Points of Defense

i) The arbitrator shall not entertain claims in the nature of ex-gratia payments as these

are not contractual

j) If the contractor including such claims in his submission the fact that they are not

contractual will be prominently placed before the arbitrator

k) In case the amount involved is heavy the sole arbitrator may be within his rights to

conduct the defense by the government pleader

The award of the sole arbitrator shall be final and binding on the parties to the dispute It

is further agreed that reference to the sole arbitration of officer appointed as arbitrator is

conditions precedent and none will be entitled to move the court without referring the

matter to sole arbitrator

58 Contractor should produce latest Income Tax CertificateSales Tax registration

certificate

59GMTD Mehsana reserves the rights to terminate RRC for breach of

conditionconditions of the agreement after giving a show cause notice of 14 days and after

examining reply if any filed by him pursuance to show cause notice

60 GMTD Mehsana reserves the rights to engaged one or more contractors for this work

61 Rates to be quoted in ANNEXURE ndash III Financial Bid in separate sealed cover and

declaration to be given in ANNEXURE-II-A amp ANNEXURE ndash II B duly signed by all

partnersdirectors of the companyfirm

28 Signature of the Contractor

SECTION ndash V

SPCECIAL CONDITIONS

Work Orders shall be issued by concerned SDE approved by DE

1 Scope of the work Repairing of faulty electronic CLIP push button telephone

instruments buttons key including plan instrument It shall cover all instruments

including those having PCB Display of CLI and burnt out due to their connections

to powers inadvertently but excluding PBT with bakelite portion broken

discolored

2 Collection of faulty instruments

A For lifting of faulty instruments the minimum lot size will be of 20 units

the SDEexchange in charge will intimate the quantity of faulty instruments

accumulated with him over telephone or by FAX to the contractor

B The contractor shall ensure the collection of the faulty instruments within

three working days of the date at giving work order or intimation over telephone or

by FAX on working days between 10 AM to 17 PM at his cost

C The contractor shall acknowledge the receipt of the faulty instruments made

over to him

3 Duration of repair

A The contractor shall repair the faulty instruments at his own work-shop and

return the same to SDEexchange in-charge concerned at his own cost within one

week of its collection (for calculating one week the day of collection and day of

handing over will be inclusive)

B After carrying out repairs of the faulty instruments the contractor shall

offer the instruments to SDEExchange in-charge or JTO nominated by him for

inspection and testing one day before the expiry of schedule delivery date The

decision of the inspecting officer as to accept the repaired instruments will be final

and binding on contractor

C The contractor shall pack each repaired instrument suitably in a

polythene bag after polishingbuffing while returning them to SDE

D The contractor shall paste stiker with date of repairing on back side of

each repaired instrument while returning them to SDE

E The repaired instruments shall be returned back to the same SDEExchange

in-charge unless specified otherwise from where these instruments were collected

for repairs

4 Warranty repair

The contractor will undertake quality repair which will ensure the normal

troubledefect free performance of the instruments for a period of 12 months from

the date of inspection and clearance In case the repaired instruments develops

any defect or any deficiency or fault ie it becomes faulty during the warranty

29 Signature of the Contractor

period the contractor shall rectify repair and remedy such defects deficiency in the

repaired instruments at his own cost and expenses

5 A Method of evaluation

Tenders will be evaluated with reference to the total cost worked out by

multiplying rates quoted by Tenderer with approximate number of EPBT amp

CLIP Instruments as shown in the price bid

B Reports

1 The contractor shall furnish a summary of fault found and namedetails of

the components replaced in the instruments repaired while offering them for

inspection

2 The contractor shall also furnish a quarterly analysis of faulty and repaired

batch wise as per Annexure-I

6 Quality of components

The contractor shall use good quality components for repairs of the instruments

The replaced parts should be purchased by the contractor from DOT approved

source s

7 Liquidated damage

1 Delay in collection Rs 5- per instruments per week or part thereof for

entire lot of unserviceable instruments collected delayed subject to a

maximum of Rs 20- per instruments In case timely collection is not don as

per Para 2(B) above

2 Delay in delivery Rs2 per instrument per week or part thereof on the

entire lot of instruments delivered delayed in case delivery not made timely

as per Para 3 above

8 Quantum of EMD and PSD

EMD as per NIT - to be paid either in cash or in form of DDBankerrsquos

ChequePay Order from NationalizedScheduled Bank in favour of Accounts

Officer (Cash) BSNL Oo GMTD ndash Mehsana payable at Mehsana

Performance Security Deposit 10 of estimated cost of tender payable either in cash or DD or in form of Bank guarantee

from Nationalized BankScheduled Bank for a period of 24 months which will be released or refunded after successful

completion of contract and no due pending against contractor 9 Extension of validity of RRC period Period of RRC will normally

be one year However GMTD Mehsana reserves the right to extend it for a further period of six months or one year or part

there of under the same rates and terms and conditions

Estimated cost for the second year or part there of shall be considered same as approved for first year or part

there of on pro-rata basis

30 Signature of the Contractor

10 Eligibility The bidder should have

Experience of repairing of CLIP or EPBT Instruments in DOTBSNLGovt

PSU Private SectorFirm for one year during last five years as per NIT

11 Documents to be submitted with Technical Bid (Qualifying Bid) to establish

their eligibility for bidding

111 Experience certificate (self attested copy) issued by not below the rank of DEAGM in

DOTBSNLGovtPSUPrivate SectorFirm as required under clause 10 above

112 Self attested Copy of registration of firm (not required for proprietorship)

113 For EPF particulars submit the EPF registration certificate if applicable

(If not applicable submit the clarification as to how not applicable and submit

undertaking on Non judicial stamp paper of Rs 50- regarding submission of it within

one month after the agreement with BSNL Mehsana) If the firms which are under

partnership deed Company Pvt Ltd shall have to submit EPF registration certificate

If not obtain they shall have to obtain the earliest and latest by the time of agreement

They shall have to submit necessary undertaking certificate for this in ANNEXURE-

VI

114 Self attested Copy of Registration particulars with Central Excise for Service Tax If

undertaking is given he shall have to submit within one month before agreement failing

which there will be no agreement (If Service tax is not applicable he shall have to

submit reasons as to how it is not applicable)

115 Partnership deed amp power of attorney who has signed the bid (self attested copy) if

applicable

116 Bio-data of Tenderer in ANNAXURE--IV

117 Declaration to be given in ANNEXURE-II A amp II B

12 Rates to be quoted in ANNEXURE-III In Financial Bid to be submitted separately

in sealed cover

13 GMTD Mehsana reserves the rights to terminate RRC for breach of condition

conditions of the agreement after giving a show cause notice of 14 days and after

examination reply if any filled by him pursuance to show cause notice

14 EPF contribution in respect of LabourEmployees employed by the contractor for

execution of works of BSNL if applicable The contractor will have to

fulfillcompliance of the provisions of EPF amp Misc provisions Act1952 amp Employees

provident fund scheme-1952 by the contractor in respect of LaboursEmployees

engaged by them for performing the work of BSNL while submitting the claim of bills

towards works executed by him if applicable he must accompany the

i List showing the details of LaboursEmployees engaged

ii Duration of their engagement

iii The amount of wages paid to such LaboursEmployees for the duration in question

iv Amount of EPF contribution (both employees amp employers contribution) for the

duration of engagement in question paid to the EPF authorities

31 Signature of the Contractor

v Copies of authenticated documents of payments of such contributions to

EPF authorities and a declaration for compliance of EPF Act 1952

15 The BSNL reserves the right to disqualify such bidders who have a record of not

meeting contractual obligation against earlier contracts entered into with the

BSNL MEHSANA

16 Multiple Vendor System -The BSNL Mehsana intends to limit the number

of technically amp commercially responsive bidders to (Maximum three) from

the list of such bidders arranged in increasing order of their evaluated rate

starting from the lowest for the purpose of award of work against this

tender The distribution of quantum of work among the bidders is as per

clause of Section ndash of tender document

ldquoHowever SSA Head Mehsana reserve the right for the award of contract amp

work of entire tendered quantity to the bidder with the lowest evaluated

ratesrdquo

17 NOTE-

Tender documents containing detailed description of work terms amp conditions can be

had from Asstt General Manager (MM) Oo GMTD Mehsana 2nd Floor Admn

Building Sanchar Bhawan Pilaji Ganj Mehsana-384001 between 10=00 hours to

17=00 hours from 26102016 to 17112016 on all working days

Asstt General Manager (MM) Oo GMTD Mehsana ndash 384001

32 Signature of the Contractor

SECTION ndashVI

1 Specification and Tentative Quantum of work for repairing of EPBT amp

CLIP (approximate)

Sr

No

Name of SDE Unit

[Concern Supervising

Authority]

Quantum of Works for Tender for repairing

of EPBT amp CLIP Instruments [In No]

CLIP Inst EPBT

Inst

Buttons

Key

Plan Inst

1 SDE P MEHSANA 750 900 3 5

2 SDE G MEHSANA 225 250 5 0

3 SDE G CHANASAMA 100 0 5 0

4 SDE G CHHATRAL 350 200 0 0

5 SDEP KADI 50 0 0 0

6 SDEG KADI 50 0 0 0

7 SDEP KALOL 750 450 7 0

8 SDEG KALOL 150 50 0 0

9 SDEP VIJAPUR 60 85 2 0

10 SDEG VIJAPUR 75 95 2 0

11 SDEG MNSGZR 50 80 3 0

12 SDEG KUKARWADA 50 75 2 0

13 SDEP VISNAGAR 350 200 5 0

14 SDEG VISNAGAR 150 75 4 0

15 SDEG VADNAGAR 100 25 4 0

16 SDEG SATLASANA 75 40 3 0

17 SDEG KHERALU 100 50 3 0

18 SDEP UNJHA 500 400 3 0

19 SDEG UNJHA 100 113 2 0

20 SDEP SIDHPUR 450 300 3 0

21 SDEG SIDHPUR 200 200 5 0

22 SDEP PATAN 350 150 5 0

23 SDEG PATAN 100 50 5 0

24 SDEG HRJSAMI 100 50 4 0

Total 5235 3838 75 5

33 Signature of the Contractor

SECTION ndashVII

STANDARD SCHEDULE OF RATE (SOR) FOR REPARING OF EPBT

AND CLIP INSTRUMENT IN MEHSANA TELECOM DISTRICT (MEHSANA SSA)

To

GMTD Mehsana

Sub - Our Financial Bid for repairing of EPBT amp CLIP Instruments in Mehsana SSA

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Sir

Having examined the tender documents terms amp conditions specification of work

stipulated there in IWe the undersigned offer our rates in percentage as under

Brief description of items for

Repairing under ARC

Approx Quantity to be

repaired under ARC

SOR Per Instrument

(a) (b) (c)

(1) Repairing of CLIP Telephones

instruments

5235 No Rs 55-

(2) Repairing of Electronics Push

Button Telephones (EPBT)

3838 No Rs 23-

(3) Repairing of Buttons Key

75 No Rs 26-

(3) Repairing of Plan Instruments

5 No Rs 39-

Note- The Quantity of Clip instrument ( 5500) may be consider which AMC will be expired as per given below -

(1) AMC of 1400 PTPL instrument may be expired on 23092016

(2) AMC of 3100 PTPL instrument may be expired on 21012017

(3) AMC of 1000 PTPL instrument may be expired on 25032017

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

34 Signature of the Contractor

ANNEXURE-I

Fault analysis report of instruments of quarter ending

No of faulty

instruments

with

contractor at

the

beginning of

the period

No of faulty instruments

received by contractor

during the quarter

No of faulty instruments

repaired and returned to

Depot officer

CF No of

faulty

instruments

with

contractor

In warranty Out of

warranty

In warranty Out of

warranty

1

2

Nature of Fault

Type No Of instruments

No

dial

tone

Dial

faulty

No

ring

Poor

speechdisturbance

Dead Display

Fault

No fault

foundMisc

In

warrant

Out of

warranty

Repairing carried out

Type Faults in

TransmitterReceiver Ringer Contract

foil

PCB

Fault

Disply No fault

foundMisc

In

warrant

Out of

warranty

35 Signature of the Contractor

ANNEXURE ndashII

DECLARATION

(TO BE SUBMITTED WITH TECHNICAL BID)

IWe hereby declare that IWe have carefully gone through the Terms amp Conditions of

Tender Notice Invited vide No MMTenderMehsana2016-1706 Dated 26102016 in

detail and agree to the rate submitted by MeUs in the rate sheet and IWe agree in full to

abide by them

1) Signature of the Party ___________________________________

Full Name ___________________________________

(In block letter) ___________________________________

2) Full address ___________________________________

___________________________________

___________________________________

___________________________________

Tele No (O)________________________________

(R)________________________________

3) Capacity in which the __________________________________

Tender is signed

Rubber stamp is required) __________________________________

__________________________________

Date Signature of the Tenderer with seal

36 Signature of the Contractor

ANNEXURE ndash IV

DECLARATION REGARDING EPF TO BE GIVEN ON NON-JUDICIAL STAMPS

PAPER OF RS 100-

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

I helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipProprietor of

Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip do here by declare

that I am the proprietor of my above firm I am carrying out the repairing of

EPBT amp CLIP my self I do not engage labour So EPF is not applicable to

me

However the decision of the competent authority shall be binding to me in

this regard

Name of the Bidder

Signature of the Bidder with Seal

37 Signature of the Contractor

ANNEXURE ndash V

Undertaking to be given for compliance of EPF Registration certificate

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

We the partners Directors of the firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Do here by undertake that if our tender is accepted we will submit the EPF Registration

certification at the earliest latest by one month after the agreement carried out with the

BSNL Mehsana for execution of works for repairing of EPBT amp CLIP Instruments in

Mehsana SSA failing which the decision of the competent authority will be binding on us

To be signed by all Partners directors

38 Signature of the Contractor

ANNEXURE ndash VI

LETTEROF AUTHORISATION FOR ATTENDING BID OPENING

Tender Number MMTenderMehsana2016-1706 Dated 26102016

Subject Authorisation for attending bid opening on___________________(date) the

tender of following persons are hereby authorised to attend the bid opening

for the tender mentioned above on behalf of ______________________

(Bidder) in order of preference given below

Order of Preference Name

Specimen Signatures

I

II

Alternate

Representative

Signatures of

bidder

Or

Officer authorised to sign the bid

Documents on behalf of the bidder

No 1 Maximum of two representatives will be permitted to attend bid opening In

case where it is restricted to one first preference will be allowed Alternate

representative will be permitted when regular representatives are not to able

attending

2 Permission for entry to the hall where bids are opened may be refused in case

authorisation as prescribed above is not recovered

39 Signature of the Contractor

ANNEXURE ndash VII

INTEGRITY PACT

Between

Bharat Sanchar Nigam Limited (BSNL) GMTD-Mehsana hereinafter referred to as ldquoThe

Principalrdquo

And

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphereinafter referred to as ldquoThe BidderContractorrdquo

Preamble

The Principal intends to award under laid down organizational procedures contracts for --

----------------------------------------- The Principal values full compliance with all relevant

laws and regulations and the principles of economic use of resources and of fairness and

transparency in its relations with its Bidders and Contractors

In order to achieve these goals the Principal will appoint an Independent External Monitor

who will monitor the tender process and the execution of the contract for compliance with

the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to

observe the following principles -

(a) No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for

or accept for himherself or third person any material or immaterial benefit which heshe

is not legally entitled to

(b) The Principal will during the tender process treat all Bidder(s) with equity and reason

The Principal will in particular before and during the tender process provide to all

Bidder(s) the same information and will not provide to any Bidder(s)

confidentialadditional information through which the Bidder(s) could obtain an advantage

in relation to the tender process or the contract execution

(c) The Principal will exclude from the process all known prejudiced persons

(2) If the Principal obtains information on the conduct of any of its employees which is a

criminal offence under the relevant Anti-Corruption Laws of India or if there be a

substantive suspicion in this regard the Principal will inform its Vigilance Office and in

addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder(s)Contractor(s)

(1) The Bidder(s)Contractor(s) commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation

in the tender process and during the contract execution

(a) The Bidder(s)Contractor(s) will not directly or through any other person or firm offer

promise or give to any of the Principalrsquos employees involved in the tender process or the

40 Signature of the Contractor

execution of the contract or to any third person any material or immaterial benefit which

heshe is not legally entitled to in order to obtain in exchange any advantage of any kind

whatsoever during the tender process or during the execution of the contract

(b) The Bidder(s)Contractor(s) will not enter with other Bidder(s) 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

(c) The Bidder(s)Contractor(s) will not commit any offence under the relevant Anti-

corruption Laws of India further the Bidder(s)Contractor(s) will not use improperly for

purposes of competition or personal gain or pass on to others any information or

document provided by the Principal as part of the business relationship regarding plans

technical proposals and business details including information contained or transmitted

electronically

(d) The Bidder(s)Contractor(s) will when presenting his bid disclose any and all

payments he has made is committed to or intends to make to agents brokers or any other

intermediaries in connection with the award of the contract

(2) The Bidder(s)Contractor(s) will not instigate third persons to commit offences outlined

above or be an accessory to such offences

Section 3 ndash Disqualification from tender process and exclusion from future contracts

If the Bidder(s)Contractor(s) before contract award or during execution has committed a

transgression through a violation of Section 2 above or in any other form such as to put his

reliability or credibility in question the Principal is entitled to disqualify the

Bidder(s)Contractor(s) from the tender process or take action as per the defined procedure

Section 4 ndash Compensation for Damages

(i) If the Principal has disqualified the Bidder(s) from the tender process prior to the award

according to Section 3 the Principal is entitled to demand and recover the damages

equivalent to Earnest Money Deposit Bid Security

(ii) If the Principal has terminated the contract according to Section 3 or if the Principal is

entitled to terminate the contract according to section 3 the Principal shall be entitled to

demand and recover from the Contractor the amount equivalent to Security Deposit

Performance Bank Guarantee in addition to any other penalties recoveries as per terms

and conditions of the tender

Section 5 ndash Previous transgression

(i) The Bidder declares that no previous transgression occurred in the last 3 years with any

other Company in any country conforming to the Anti-corruption approach or with any

other Public Sector Enterprise in India that could justify his exclusion from the tender

process

(ii) If the Bidder makes incorrect statement on this subject he can be disqualified from the

tender process or action can be taken as per the defined procedure

Section 6 ndash Equal treatment of all BiddersContractorsSubcontractors

41 Signature of the Contractor

(i) The principal will enter into agreements with identical conditions as this one with all

BiddersContractors

(ii) The Bidder(s)Contractor(s) undertake(s) to demand from all subcontractors a

commitment in conformity with this Integrity Pact

(iii) The Principal will disqualify from the tender process all bidders who do not sign this

Pact or violate its provisions

Section 7 ndash Criminal charges against violating

Bidder(s)Contractor(s)Subcontractor(s)

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or

of an employee or a representative or an associate of a Bidder Contractor or

Subcontractor which constitutes corruption or if the Principal has substantive suspicion in

this regard the Principal will inform the Corporate Vigilance Office

Section 8 ndash External Independent MonitorMonitors

1 Principal appoints competent and credible Independent External Monitor for this Pact

The task of the Monitor is to review independently and objectively whether and to what

extent the parties comply with the obligations under this agreement

2 The Monitor is not subject to instructions by the representatives of the parties and

performs his functions neutrally and independently He reports to the CMD of the BSNL

3 The Bidder(s)Contractor(s) accepts that the Monitor has the right to access without

restriction to all Project documentation of the Principal including that provided by the

Contractor The Contractor will also grant the Monitor upon his request and demonstration

of a valid interest unrestricted and unconditional access to his project documentation The

same is applicable to Subcontractors The Monitor is under contractual obligation to treat

the information and documents of the Bidder(s)Contractor(s)Subcontractor(s) with

confidentiality

Notwithstanding anything contained in this Section the Bidder(s)Contractor(s) shall have

no obligation whatsoever to provide any internal costing mechanisms or any internal

financial or commercial data pursuant to any audit or review conducted by or on behalf of

the Principal Further the Bidder(s)Contractor(s) shall not be required to provide any data

relating to its other customers or any personnel or employee related date

4 The Principal will provide to the Monitor 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 Principal and the Contractor The parties offer to the

Monitor the option to participate in such meetings

5 As soon as the Monitor notices or believes to notice a violation of this agreement he

will so inform the Management of the Principal and request the Management to

discontinue or take corrective action or to take other relevant action The monitor can in

this regard submit non-binding recommendations Beyond this the Monitor has no right to

demand from the parties that they act in a specific manner refrain from action or tolerate

action

42 Signature of the Contractor

6 The Monitor will submit a written report to the Chairperson of the Board of the Principal

within 8 to 10 weeks from the date of reference or intimation to him by the lsquoPrincipalrsquo and

should the occasion arise submit proposals for correcting problematic situations

7 If the Monitor has reported to the CMD of the BSNL a substantiated suspicion of an

offence under relevant Anti-Corruption Laws of India and the BSNL has not within

reasonable time taken visible action to proceed against such offence or reported it to the

Corporate Vigilance Office the Monitor may also transmit this information directly to the

Central Vigilance Commissioner Government of India

8 The word lsquoMonitorrsquo would include both singular and plural

Section 9 ndash Pact Duration

This Pact begins when both parties have legally signed it It expires for the Contractor 12

months after the last payment under the contract and for all other Bidders 6 months after

the contract has been awarded

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 dischargeddetermined by

CMD BSNL

Section 10 ndash Other provisions

1 This agreement is subject to Indian Law Place of performance and jurisdiction is the

Registered Office of the Principal ie New Delhi The arbitration clause provided in the

tender document contract shall not be applicable for any issue dispute arising under

Integrity Pact

2 Changes and supplements as well as termination notice need to be made in writing

3 If the Contractor is a partnership or a consortium this agreement must be signed by all

partners or consortium members

4 Should one or several provisions of this agreement turn out to be invalid the remainder

of this agreement remains valid In this case the parties will strive to come to an agreement

to their original intensions

------------------------------------ ----------------------------------

For the Principal For the BidderContractor

Placehelliphelliphelliphelliphelliphelliphelliphellip Witness 1 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphellip Witness 2 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

43 Signature of the Contractor

Anexx-VIII

AGREEMENT

This agreement made on thishelliphelliphellip day of helliphelliphellip Yearhelliphelliphelliphellip Between hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphellipHerein after called ldquo The contractorrdquo (which expression shall unless excluded by or

repugnant to the context include its successors heir executors administrative representative and

assignee) of the one part amp the BSNL (GMTD Mehsana) herein after referred to as the BSNL of

other part Tender No MMTenderMehsana2016-1706 Dated 26102016

Where as the contractor has offered to enter with the said BSNL for the contract for repairing of

EPBT amp CLIP Plan instruments amp Buttons Key in Mehsana SSA Mehsana Telecom District on

the terms and conditions herein contained and the rates approved by the BSNL (copy of rates

annexed) have been dully accepted and whereas the necessary security deposit have been furnished

in accordance with the provision of the tender documents and whereas no interest will be claimed

on the security deposit Now these presents witness and it is hereby agreed and declared by and

between the partiesrsquo presents as follows

(1) The contractor shall during the period of this contract that is to say fromhelliphelliphelliphelliphellipTo

helliphelliphelliphellip or completion of work whichever is earlier or until this contract shall be

determined by such notice as is herein after mentioned safely carried out by means of

Labours employed at his own expense and by means of tools implements of equipments

etc to be supplied by him to his Labours at his own expense all work of repairing of

EPBT amp CLIP instruments as described in tender documents (annexed to the agreement)

when the BSNL or any other person authorized by GMTD Mehsana in that behalf require it

is under stood by the contractor that the quantity of work mentioned in the schedule is

likely to change as per actual requirement as demanded by exigencies of service

(2) The Notice Inviting Tender Bid documents (qualifying and financial) letter of intent

approved rates annexed here to and such other additional particulars instructions

drawings work orders as may be found requisite to be given during execution of work

shall be deemed and taken to be an integral part of the contract and shall be deemed to be

included in the expression ldquoThe agreement) or ldquoThe Contractrdquo wherever herein used

(3) The contractor also supplies the requisite number of workmen with means and materials as

well as tools appliances vehicles for transportation cartage etc required for the proper

execution of work within the prescribed in the work orders

(4) The contractor hereby declares that no body connected with or in the employment of the

BSNL is notshall not ever be admitted as partner in the contract

(5) The contractor shall abide by the terms and conditions rules guide lines constructions

particulars safety precautions etc stipulated in the tender documents including any

correspondence between the contractor and the BSNL having bearing on execution of work

and payments of work to be done under the contract

In witness whereof the partiesrsquo presents have here in to set their representative hands and

seals the day and year in

Signed sealed amp Delivered by

The above named contractor in the presence of

Above written

Witness

(1)

(2) Signed and delivered on behalf of BSNL

Witness

(1)

(2)

44 Signature of the Contractor

ANNEXURE-IX - UNDERTAKING

This deed of undertaking executed on this helliphelliphellip day ofhelliphelliphelliptwo thousand andhelliphellip

by (name of sole proprietorpartnerdirectorauthorized representative the firm

company trust society etc)helliphelliphelliphelliphelliphelliphelliphelliphelliphellipSO helliphelliphelliphelliphelliphelliphelliphellip

residing athelliphelliphelliphelliphelliphelliphelliphelliphelliphellipOn behalf of said helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of the firm company Trust Society etc) having its office athelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

and dully authorized to sign file and verify present undertaking by the said hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of Firm company Society etc) in favour of Bharat Sanchar Nigam Ltd a

Government Of India undertaking having its registered office at Statesman

HouseB-148 Barkhamba Road New Delhi and local office at Administrative

Building Sanchar Bhawan BSNL Pilaji Ganj Mehsana-1 here in after called

BSNL (which terms shall mean and include its successors administrators heirs and

assigns Where as MS BSNL invited bids for repairing of EPBT amp CLIP instruments in Mehsana SSA

IWe participated in the bidding process and emerged as successful bidder with respect to tender No

MMTenderMehsana2016-1706 Dated 26102016

IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Acknowledge that IWe have fully under

stood and aware of the terms amp conditions of the Tendercontract and do hereby unequivocally and

unconditionally undertake and declare that

(1) IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip shall comply with all

the rulesRegulationsLawsGovernment instructionsstatus etc that are

applicable will be made applicable and or are aimed to protect the interest of

the workersemployees engaged by meus in the past and during the course of

performance of the contract with BSNL

(2) IWe shall fully protect indemnity and hold harmless BSNL and its employees

officers Directors agents judgments damages fines penalties and costs

(including legal costs and disbursements) arising from or relating to

Any breach violation of any direction order from any governmental

authority any provisions of the labour laws or any other laws status or

regulations that are or will be aimed to protect the interest of the

workersLabours engaged by the contractors in past and during the

course of this contract

OR

Any other payments claims or liability that may arise for ensuring

compliance of the provisions of any of the labour laws or any other laws

etc OR

Any other claim made by any third party in connection with any violation

of any laws guide lines instructions etc

In witness whereof this undertaking has caused on thehelliphelliphelliphelliphelliphellip

DayhelliphelliphelliphelliphellipMonth ofhelliphelliphellip Year

Date

Place

Signature

Name

Designation

Witness 1 2helliphelliphellip

45 Signature of the Contractor

ANNEXURE-X

E-Tendering Instructions to Bidders

These Special Instructions (for e-Tendering) supplement lsquoGeneral instructions to Biddersrsquo as enclosed in Section IV of this E-Tender Document Wherever there is a conflict the provisions herein shall prevail over those in other pages of this document

Submission of Bids only through online process is mandatory for this Tender

For conducting electronic tendering BSNL Mehsana is using the portal

(httpeprocurementsynisecombsnl1gujarat) of Ms Synise Technologies ltd Pune A - Submission of tender

1 The bidding process will be accepted only through e-tendering platform 2 Availability of e-tendering document e-tender document can be obtained by

downloading it from the website httpeprocurementsynisecombsnl1gujarat the

physical copy of the Tender document would not be available for sale

3 The Tender document shall not be available for download on its submissionclosing date B - General 1 Tender Bidding Methodology

Sealed Bid System ndashldquoSingle Stage using two envelopsrdquo

In this case of two envelope system Financial amp Techno-commercial bids shall be

submitted by the bidder at the same time

2 Broad outline of activities from Bidders prospective

1 Procure a Digital Signing Certificate (DSC)

2 Register on Electronic Tendering System (RETS)

3 Create Users and assign roles on ETS

4 View Notice Inviting Tender (NIT) on ETS

5 Download Official Copy of Tender Documents from ETS

6 Clarification to Tender Documents on ET Query to BSNL (Optional)

View response to queries posted by BSNL as addenda

7 Bid-Submission on ETS

8 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Techno-commercial Part

9 View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond to BSNLrsquos Post-TOE queries

10 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Financial-Part (Only for Technical Responsive Bidders)

For participating in this tender online the following instructions need to be read

carefully These instructions are supplemented with more detailed guidelines on

the relevant screens of the ETS

3 Digital Certificates

For integrity of data and its authenticity non-repudiation of electronic records and be compliant with IT Act 2000 it is necessary for each user to have a Digital Certificate (DC) also referred to as Digital Signature Certificate (DSC) of Class 2 or above issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer httpwwwccagovin]

4 Registration

To use the Electronic Tenderreg portal ( httpeprocurementsynisecombsnl1gujarat) vendor needs to register on the

46 Signature of the Contractor

portal Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e-tendering activities In ETS terminology this person will be referred to as the Super User (SU) of that organization For f u r ther details

p lease v is i t the websiteportal and follow further instructions as given on the site You may also contact tender wizard Helpdesk (as given below) to get your registration acceptedactivated Tender wizard Helpdesk

Telephone 020-30277517 020-30277522020-30277516

[between 1000 hrs to 1800 hrs on working days]

Mobile Nos Mr Hiren Pandar 7774013247 7774013248

E-mail ID helpdesksynisecom [Please mark CC

hirenpsynisecom]

BSNL Contact-1

BSNLrsquos Contact Person AGM MM Mehsana

Telephone Mobile (02762-220855222900)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID agmmmmehbsnlin

BSNL Contact-2

BSNLrsquos Contact Person SDE MM-Mehsana

Telephone Mobile (02762-221855)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID mehsdemm2bsnlin 5 Bid related Information for this Tender (Sealed Bid)

The entire bid-submission would be

online on ETS Broad outline of

submissions are as follows

Submission of digitally signed copy of Tender DocumentsAddendumaddenda

Two Envelopes

Techno-commercial -Part

Financial-Part

Note -

i) If some document is not applicable for the bidder then he has to upload

scanned copy of paper mentioning ldquoThe document ltNamegt called vide

clause helliphelliphelliphelliphelliphelliphellip is not applicable on usrdquo

ii) If document asked for contains more than one page then all those pages may be uploaded in one PDF format file

iii) Please take care to scan documents such that the total size of

documents to be uploaded remains minimum However it shall be sole

responsibility of bidder that the uploaded documents remain eligible

6 Offline Submissions

The bidder is requested to submit the following documents offline to AGM (MM) 2nd Floor Sanchar Bhawan Pilaji Ganj Mehsana-384001 on or before the date amp

time of submission of bids specified in covering letter of this tender

47 Signature of the Contractor

document in a Sealed Envelope The envelope shall bear (name of the tender) the tender number and the words lsquoDO NOT OPEN BEFORErsquo (due date amp time)

1 EMD-Bid Security in Original

2 DD Bankers cheque against payment of tender fee

3 Power of attorney (if applicable) Note The bidder has to upload the Scanned copy of all above said documents during

online Bid submission also

7 Special Note on Security of Bids

Security related functionality has been rigorously implemented in ETS in a multi-dimensional manner Starting with Acceptance of Registration by the Service Provider provision for security has been made at various stages in Electronic Tenderrsquos software Security related aspects as regard Bid Submission are outlined below

As part of the Electronic Encryptertrade functionality the contents of both the lsquoElectronic Formsrsquo and the lsquoMain-Bidrsquo are securely encrypted using a Pass-Phrase created by the Bidder himself Unlike a lsquopasswordrsquo a Pass-Phrase can be a multi-word sentence with spaces between words (eg I love this World) A Pass-Phrase is easier to remember and more difficult to break It is recommended that a separate Pass-Phrase be created for each Bid-Part This method of bid- encryption does not have the security and data-integrity related vulnerabilities which are inherent in E-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid- encryption Bid-encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE) even if there is connivance between the concerned tender- opening officers of the Buyer organization and the personnel of e-tendering service provider

Typically lsquoPass-Phrasersquo of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself when demanded by the concerned Tender Opening Officers who will open the bid Else Tender Opening Officer may authorize the bidder to open his bid himself There is an additional protection with SSL Encryption during transit from the client-end computer of a Supplier organization to the e-tendering server portal

8 Public Online Tender Opening Event (TOE)

ETS offers a unique facility for lsquoPublic Online Tender Opening Event (TOE)rsquo Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices For this purpose representatives of bidders (ie Supplier organization) dully authorized are requested to carry a Laptop and Wireless Connectivity to Internet Every legal requirement for a transparent and secure lsquoPublic Online Tender Opening Event (TOE)rsquo has been implemented on ETS As soon as a Bid is decrypted with the corresponding lsquoPass-Phrasersquo as submitted online by the bidder himself (during the TOE itself) salient points of the Bids are simultaneously made available for downloading by all participating bidders The work of taking notes during a manual lsquoTender Opening Eventrsquo is therefore replaced with this superior and convenient form of lsquoPublic Online Tender Opening Event (TOE)rsquo ETS has a unique facility of lsquoOnline Comparison Chartrsquo which is dynamically updated as each online bid is opened The format of the chart is based on inputs provided by the Buyer for each Tender The information in the Comparison Chart is based on the data submitted by the Bidders in electronic forms A detailed Technical and or Financial Comparison Chart enhances Transparency Detailed instructions are given on relevant screens

48 Signature of the Contractor

ETS has a unique facility of a detailed report titled lsquoMinutes of Online Tender Opening Event (TOE)rsquo covering all important activities of lsquoOnline Tender Opening Event (TOE)rsquo This is available to all participating bidders for lsquoViewing Downloadingrsquo

There are many more facilities and features on ETS For a particular tender the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer

NOTE In case of internet related problem at a bidderrsquos end especially during lsquocritical

eventsrsquo such as ndash a short period before bid-submission deadline during online

public tender opening event etc it is the bidderrsquos responsibility to have backup

internet connections In case there is a problem at the e- procurement

service-providerrsquos end (in the server leased line etc) due to which all the

bidders face a problem during critical events and this is brought to the notice

of BSNL by the bidders in time then BSNL will promptly re-schedule the

affected event(s)

9 Other Instructions

For further instructions the vendor should visit the home-page of the portal

( httpeprocurementsynisecombsnl1gujarat) and go to the User-Guidance Center The help information provided through lsquoETS User-Guidance Centerrsquo is available in three categories ndash

Users intending to Register First-Time Users Logged-in users of Buyer organizations and Logged-in users of Supplier organizations Various links are provided under each of the three categories Note It is strongly recommended that all authorized users of Supplier

organizations should thoroughly peruse the information provided under the

relevant links and take appropriate action This will prevent hiccups and minimize

teething problems during the use of ETS

The following lsquoFOUR KEY INSTRUCTIONS for BIDDERSrsquo must be assiduously adhered to

1 Obtain individual Digital Signing Certificate (DSC or DC) well in advance of

your first tender submission deadline on ETS

2 Register your organization on ETS well in advance of your first tender submission deadline on ETS

3 Get your organizationrsquos concerned executives trained on ETS well in advance of your first tender submission deadline on ETS

4 Submit your bids well in advance of tender submission deadline on ETS as

there could be last minute problems due to internet timeout breakdown etc

While the first three instructions mentioned above are especially relevant to first-time users of ETS the fourth instruction is relevant at all times

10 Minimum Requirements at Bidders end

Computer System with good configuration (Min P IV 1 GB RAM Windows XP)

Broadband connectivity

Microsoft Internet Explorer 60 or above

Digital Certificate(s) for users

49 Signature of the Contractor

ANNEXURE-III

RATE SHEET

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Rate should be quoted in below Rate Sheet

Sr

No

Rates Quoted By Bidder With Respect to SOR (Schedule Of Rate)

Particulars In Figure In Words

1 Above Of SOR

2 Below Of SOR

3 AT PAR

[At Same Rates of SOR]

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

Signature of the Bidder with Seal

Note

1 All faulty instruments are to be repaired except fully broken or fully burnt due to

electric hazards

2 The work may be offered to more than one contractor if required

Signature of the Tenderer with seal

Full Name _____________________

Full Address________________________

  • TABLE OF CONTENTS
    • CERTIFICATE REGARDING NEAR RLATIVES
      • LETTEROF AUTHORISATION FOR ATTENDING BID OPENING
      • Signed sealed amp Delivered by
      • Above written
        • ANNEXURE-IX - UNDERTAKING

23 Signature of the Contractor

38 Whenever any claim against the contractor for the payment of a sum or money arises

out of or under the contract Government shall be entitled to recover such sum by

appropriating in part or whole the security deposit of the contractor and to sell any

Government Promissory Notes etc forming the whole or part of such security In the event

of the security being insufficient or if no security has been taken from the contractor then

the balance or the total sum recoverable as the case may be shall be deducted from any

sum then due or which at any time thereafter may become due to the contractor under this

or any other contract with Government Should this sum be not sufficient to cover the full

amount recoverable the contract shall pay to Government on demand the balance

remaining dues

39 AUDITS AND TECHNICAL EXAMINATION

391 Company shall have the right to cause an audit and technical examination of the

works and the final bills of the contractor including all supporting vouchers abstract etc to

be made after payment of the final bill and if as a result of such audit and technical

examination any sum is found to have been overpaid in respect of any work done by the

contractor under the contract or any work claimed by him to have been done by him under

the contract and found to have amount of over payment and it shall be liable to refund the

amount of over payment and it shall be lawful for Company to recover the same from him

in the manner prescribed or in any other manner legally permissible and if it is found that

the contractor was paid less than what was due to him under the contract in respect of any

work executed by him under it the amount of such under payment shall be duly paid by

Company to the contractor

392 Any sum of money due and payable to the contractor (including Security Deposit

returnable to him) under this contract may be appropriated by the Company and set off

against any claim of the Company for the payment of a sum or money arising out of or

under any other contract made by the contractor with the Company

40 Contractor shall not enter into agreement with any other unit on approved tender of

GMTD MEHSANA without prior approval of the General Manager Telecom District

MEHSANA

41 Without prejudice to any of the rights or remedies under this contract if the contractor

dies the GMTD MEHSANA on behalf of the company shall have the option of

terminating the contract without compensation to the contractor

42 No Engineer of gazetted rank or other gazetted officer employed in Engineering or

administrative duties in an Engineering Department of the Government of India is allowed

to work as contractor for a period of two years of his retirement from Government service

without the prior permission of Government of India This contract is liable to be canceled

if either person who had not obtained the permission of Government of India as aforesaid

before submission of the tender or engagement in the contractors service as the case may

be

43 COMPENSATION FOR DELAY The time allowed for carrying out the work as

mentioned shall be strictly observed by the contractor and shall be deemed to be of the

essence of the contract on the part of the contractor However for special jobs if the

contractor has submitted a time schedule and the same has been accepted by the designated

officialnominated representative of the company the contractor shall comply with the

said time schedule

24 Signature of the Contractor

44 TIME LIMIT amp LIQUIDATED DAMAGE CHARGES

441 It will be at the discretion of the GMTD MEHSANA to revise or modify or extend

the time limits specified for the total work awarded to the contractor or to further specify

the quantum of work to be completed within a specified period provided a written request

has been received from the contractor explaining the reasons for which such extension of

time is asked for and the GMTD MEHSANA in the particular case is convinced and

satisfied that such extension or revision or modification is in the interest of the

Government In such cases payment of liquidated damage as compensation for delay

becomes liable based on such revised or modified or extended time limits and the

conditions under which such extension or modification or revision has been made

Liquidated damage will be charged as per Special Condition clause No2 amp 3 read as

under

1 Delay in collection - Rs5- per instrument per week or part there of for entire lot of

unserviceable instruments collected delayed subject to a maximum Rs20- per instrument

in case timely collection is not done as per 2(b) of special conditions

2 Delay in delivery- Rs2- per week or part there of on the entire lot of instruments

delivered delayed in case of delivery not made timely as per Para 3 of Special conditions

442 The contractor shall have to complete the contractual work within stipulated period

and it is very clearly understood between the parties that the time is made the essence of

contract

45 The Company assumes no responsibility whatever for any oral understandings or

representations made by any its officers or agents or servants prior to the execution of the

contract and all previous negotiations and understandings are hereby canceled

46 STORERSMATERIAL SUPPLIED BY THE GOVERNMENT

All materials supplied to the contractor by the company shall remain the absolute

property of Company and shall not be removed from site of the work except for use in the

work and shall be at all times open to inspection by Designated official

47 In the event of the contractor being adjudged insolvent or going voluntarily into

liquidation or having received order or other order under insolvency Act made against him

or in the case of a company of the passing of any resolution or making of any order for

winding up weather voluntarily or otherwise or in the event of the contractor failing to

comply with any of the conditions herein specified the GMTDMEHSANA shall have

the power to terminate the contract without previous notice

48 ACCEPTANCES AND MEASUREMENT

481 It is important that the work carried out by contractor is approved by the designated

official nominated representative of the company

482 The designated official nominated representative of the Govt and the contractor or

his authorized representative will certify under their signature at the appropriate places that

the work carried out is as per the specification

49 PRICE VARIATION

25 Signature of the Contractor

The Company shall not be responsible for any escalation in prices of labour or materials

machinery equipment etc whatsoever or any increase in any duties levies or taxes in

respect thereof whatsoever and the contractor rates and contractors obligations shall

remain unaffected by such escalation and or increases

50 FORCE MAJEURE

In the event of either party being rendered unable by force majeure to perform this

contract than the obligations of the party effected by such force majeure shall be

suspended for the whole period during which such cause lasts and until normal operation

are resumed and when such cause ends the execution of this contract must be resumed

with all responsible dispatch should the execution of this contract be suspended by force

majeure than a corresponding extension of the completion date shall be automatically

granted The occurrence of a cause of force majeure however shall not relieve the

company and its obligation to make payment to the contractor for the work satisfactorily

executed prior thereto The terms force majeure as employed herein shall mean act of God

war declared or undeclared hostilities enemy actions revolts riots legal lock outs and

eligible strikes tidal waves forest fires major floods explosions earth quakes epidemics

sabotage extra ordinary act and Regulation of central or state Government or Municipality

Bodies Upon the occurrence of such causes and its termination the parties rendered unable

as aforesaid shall notified the other party in writing within 72 hours of the beginning and

ending dates giving full particulars and evidences if required

51 PAYMENTS

The contractor shall prepare the bills claiming shown as labour cost and material cost

separately The contractor shall submit the bills within 30 days after completion of the

work duly certified by the designated officialnominated representative of company

GMTD MEHSANA has full right to disallow the payment of the bills received after 30

days of completion of work

52 The GMTD MEHSANA may however at his discretion allow the contractor to

submit fortnightly bills or at the end of each work

53Income tax at the rate in force at that time would be deducted from his payments of bills

as Tax deducted at source However if any new legislation comes into effect for

deduction of tax at source at any other rate deduction will be made at that rate

The GMTD MEHSANA will issue necessary Income tax deduction certificate or the

Accounts Officer detailing the amount so deducted As Tax Deducted at Source at the time

of payment or each bill

54 The Tenderer should submit all requisite documents including EPF related documents

as per clause in tender terms amp conditions and special conditions along with the bill if

applicable

55 PAYMENT PROCEDURE

551 The bills are to be submitted in TRIPLICATE and in the manner and form that may

be prescribed by the GMTD MEHSANA from time to time ldquoAccounts Payeerdquo cheque

for amount passed in the bill will be issued only after the contractor gives a stamped

receipt for the amount unless the bills are pre-receipt Only Accounts Payee Cheques

drawn on the branch of the state bank of India or other bank in which the GMTD or the

26 Signature of the Contractor

Accounts Officer may be having drawing assignment account will make payments The

payments will be made either by the Accounts Officer or by any other official who at any

period of time may be convenient to the company

552 Any liquidated damages due shall also be recoverable from the bills submitted for the

payment by the aforesaid officer

553 The security deposit with the GMTD Shall be considered for adjustment against

liquidated damages only at the time of final conclusion of the contract and final settlement

of account

554 The GMTD MEHSANA will have e the right to recover liquidated damages for

delay or slow progress of the works from the bills submitted for payment

555 The final settlement of the bills and refund adjustmentappropriation of any amount

detained from the running bill of the contractor shall be made fully after the GMTD is

satisfied that all the contractual obligation have been fully met and no amount remain due

for recovery from the contractor on any count Unless there are specific reasons all

accounts are expected to be settled within a period of six months from the date of

completion of the works in all respects

56 FINAL ACCEPTANCE

If any of the work is found to be unsatisfactory by the designated officialnominated

representative of the govt the contractor shall be intimated in writing of the corrections

repairing to be carried out The contractor shall be required to correct all defects that

remain evident at any time prior to final acceptance of the contractors works by the

GMTD MEHSANA The cost of all such repairs and corrections shall be borne by the

contractor Failure or neglect on the part of the GMTD MEHSANA or his representative

to confirm or reject inferior work notwithstanding final acceptance of the work or any part

thereof by the company THE GMTD MEHSANA Designated official or his

representative shall not be construed to imply the acceptance of such work The provision

of this clause shall not in any way affect or limit the contractors liability under the

undertaking and guarantee contained in the contract documents

57 DISPUTES AND ARBITRATION

All dispute arising between the contractor and GMTD MEHSANA out of this contract

shall be referred to the sole arbitration in the following manners -

a) In case parties are unable to reach a settlement by themselves the dispute should be

submitted for arbitration in accordance with contract agreement

b) There should not be a joint submission with the contractor to the sole arbitrator

c) Each party should submit its own claimed severely and may oppose the claim put

forward by the other party

d) The onus of establishing his claims will be left to the contractor

e) His claim will be firmly resisted by utilizing all the evidence available with the

company

27 Signature of the Contractor

f) Once a claim has been included in the submission by the contractor a retraction or

modification thereof will be opposed

g) The Point of Defense will be based on actual condition of the contract

h) The question whether these conditions are equitable shall not receive any consideration

in the preparation of Points of Defense

i) The arbitrator shall not entertain claims in the nature of ex-gratia payments as these

are not contractual

j) If the contractor including such claims in his submission the fact that they are not

contractual will be prominently placed before the arbitrator

k) In case the amount involved is heavy the sole arbitrator may be within his rights to

conduct the defense by the government pleader

The award of the sole arbitrator shall be final and binding on the parties to the dispute It

is further agreed that reference to the sole arbitration of officer appointed as arbitrator is

conditions precedent and none will be entitled to move the court without referring the

matter to sole arbitrator

58 Contractor should produce latest Income Tax CertificateSales Tax registration

certificate

59GMTD Mehsana reserves the rights to terminate RRC for breach of

conditionconditions of the agreement after giving a show cause notice of 14 days and after

examining reply if any filed by him pursuance to show cause notice

60 GMTD Mehsana reserves the rights to engaged one or more contractors for this work

61 Rates to be quoted in ANNEXURE ndash III Financial Bid in separate sealed cover and

declaration to be given in ANNEXURE-II-A amp ANNEXURE ndash II B duly signed by all

partnersdirectors of the companyfirm

28 Signature of the Contractor

SECTION ndash V

SPCECIAL CONDITIONS

Work Orders shall be issued by concerned SDE approved by DE

1 Scope of the work Repairing of faulty electronic CLIP push button telephone

instruments buttons key including plan instrument It shall cover all instruments

including those having PCB Display of CLI and burnt out due to their connections

to powers inadvertently but excluding PBT with bakelite portion broken

discolored

2 Collection of faulty instruments

A For lifting of faulty instruments the minimum lot size will be of 20 units

the SDEexchange in charge will intimate the quantity of faulty instruments

accumulated with him over telephone or by FAX to the contractor

B The contractor shall ensure the collection of the faulty instruments within

three working days of the date at giving work order or intimation over telephone or

by FAX on working days between 10 AM to 17 PM at his cost

C The contractor shall acknowledge the receipt of the faulty instruments made

over to him

3 Duration of repair

A The contractor shall repair the faulty instruments at his own work-shop and

return the same to SDEexchange in-charge concerned at his own cost within one

week of its collection (for calculating one week the day of collection and day of

handing over will be inclusive)

B After carrying out repairs of the faulty instruments the contractor shall

offer the instruments to SDEExchange in-charge or JTO nominated by him for

inspection and testing one day before the expiry of schedule delivery date The

decision of the inspecting officer as to accept the repaired instruments will be final

and binding on contractor

C The contractor shall pack each repaired instrument suitably in a

polythene bag after polishingbuffing while returning them to SDE

D The contractor shall paste stiker with date of repairing on back side of

each repaired instrument while returning them to SDE

E The repaired instruments shall be returned back to the same SDEExchange

in-charge unless specified otherwise from where these instruments were collected

for repairs

4 Warranty repair

The contractor will undertake quality repair which will ensure the normal

troubledefect free performance of the instruments for a period of 12 months from

the date of inspection and clearance In case the repaired instruments develops

any defect or any deficiency or fault ie it becomes faulty during the warranty

29 Signature of the Contractor

period the contractor shall rectify repair and remedy such defects deficiency in the

repaired instruments at his own cost and expenses

5 A Method of evaluation

Tenders will be evaluated with reference to the total cost worked out by

multiplying rates quoted by Tenderer with approximate number of EPBT amp

CLIP Instruments as shown in the price bid

B Reports

1 The contractor shall furnish a summary of fault found and namedetails of

the components replaced in the instruments repaired while offering them for

inspection

2 The contractor shall also furnish a quarterly analysis of faulty and repaired

batch wise as per Annexure-I

6 Quality of components

The contractor shall use good quality components for repairs of the instruments

The replaced parts should be purchased by the contractor from DOT approved

source s

7 Liquidated damage

1 Delay in collection Rs 5- per instruments per week or part thereof for

entire lot of unserviceable instruments collected delayed subject to a

maximum of Rs 20- per instruments In case timely collection is not don as

per Para 2(B) above

2 Delay in delivery Rs2 per instrument per week or part thereof on the

entire lot of instruments delivered delayed in case delivery not made timely

as per Para 3 above

8 Quantum of EMD and PSD

EMD as per NIT - to be paid either in cash or in form of DDBankerrsquos

ChequePay Order from NationalizedScheduled Bank in favour of Accounts

Officer (Cash) BSNL Oo GMTD ndash Mehsana payable at Mehsana

Performance Security Deposit 10 of estimated cost of tender payable either in cash or DD or in form of Bank guarantee

from Nationalized BankScheduled Bank for a period of 24 months which will be released or refunded after successful

completion of contract and no due pending against contractor 9 Extension of validity of RRC period Period of RRC will normally

be one year However GMTD Mehsana reserves the right to extend it for a further period of six months or one year or part

there of under the same rates and terms and conditions

Estimated cost for the second year or part there of shall be considered same as approved for first year or part

there of on pro-rata basis

30 Signature of the Contractor

10 Eligibility The bidder should have

Experience of repairing of CLIP or EPBT Instruments in DOTBSNLGovt

PSU Private SectorFirm for one year during last five years as per NIT

11 Documents to be submitted with Technical Bid (Qualifying Bid) to establish

their eligibility for bidding

111 Experience certificate (self attested copy) issued by not below the rank of DEAGM in

DOTBSNLGovtPSUPrivate SectorFirm as required under clause 10 above

112 Self attested Copy of registration of firm (not required for proprietorship)

113 For EPF particulars submit the EPF registration certificate if applicable

(If not applicable submit the clarification as to how not applicable and submit

undertaking on Non judicial stamp paper of Rs 50- regarding submission of it within

one month after the agreement with BSNL Mehsana) If the firms which are under

partnership deed Company Pvt Ltd shall have to submit EPF registration certificate

If not obtain they shall have to obtain the earliest and latest by the time of agreement

They shall have to submit necessary undertaking certificate for this in ANNEXURE-

VI

114 Self attested Copy of Registration particulars with Central Excise for Service Tax If

undertaking is given he shall have to submit within one month before agreement failing

which there will be no agreement (If Service tax is not applicable he shall have to

submit reasons as to how it is not applicable)

115 Partnership deed amp power of attorney who has signed the bid (self attested copy) if

applicable

116 Bio-data of Tenderer in ANNAXURE--IV

117 Declaration to be given in ANNEXURE-II A amp II B

12 Rates to be quoted in ANNEXURE-III In Financial Bid to be submitted separately

in sealed cover

13 GMTD Mehsana reserves the rights to terminate RRC for breach of condition

conditions of the agreement after giving a show cause notice of 14 days and after

examination reply if any filled by him pursuance to show cause notice

14 EPF contribution in respect of LabourEmployees employed by the contractor for

execution of works of BSNL if applicable The contractor will have to

fulfillcompliance of the provisions of EPF amp Misc provisions Act1952 amp Employees

provident fund scheme-1952 by the contractor in respect of LaboursEmployees

engaged by them for performing the work of BSNL while submitting the claim of bills

towards works executed by him if applicable he must accompany the

i List showing the details of LaboursEmployees engaged

ii Duration of their engagement

iii The amount of wages paid to such LaboursEmployees for the duration in question

iv Amount of EPF contribution (both employees amp employers contribution) for the

duration of engagement in question paid to the EPF authorities

31 Signature of the Contractor

v Copies of authenticated documents of payments of such contributions to

EPF authorities and a declaration for compliance of EPF Act 1952

15 The BSNL reserves the right to disqualify such bidders who have a record of not

meeting contractual obligation against earlier contracts entered into with the

BSNL MEHSANA

16 Multiple Vendor System -The BSNL Mehsana intends to limit the number

of technically amp commercially responsive bidders to (Maximum three) from

the list of such bidders arranged in increasing order of their evaluated rate

starting from the lowest for the purpose of award of work against this

tender The distribution of quantum of work among the bidders is as per

clause of Section ndash of tender document

ldquoHowever SSA Head Mehsana reserve the right for the award of contract amp

work of entire tendered quantity to the bidder with the lowest evaluated

ratesrdquo

17 NOTE-

Tender documents containing detailed description of work terms amp conditions can be

had from Asstt General Manager (MM) Oo GMTD Mehsana 2nd Floor Admn

Building Sanchar Bhawan Pilaji Ganj Mehsana-384001 between 10=00 hours to

17=00 hours from 26102016 to 17112016 on all working days

Asstt General Manager (MM) Oo GMTD Mehsana ndash 384001

32 Signature of the Contractor

SECTION ndashVI

1 Specification and Tentative Quantum of work for repairing of EPBT amp

CLIP (approximate)

Sr

No

Name of SDE Unit

[Concern Supervising

Authority]

Quantum of Works for Tender for repairing

of EPBT amp CLIP Instruments [In No]

CLIP Inst EPBT

Inst

Buttons

Key

Plan Inst

1 SDE P MEHSANA 750 900 3 5

2 SDE G MEHSANA 225 250 5 0

3 SDE G CHANASAMA 100 0 5 0

4 SDE G CHHATRAL 350 200 0 0

5 SDEP KADI 50 0 0 0

6 SDEG KADI 50 0 0 0

7 SDEP KALOL 750 450 7 0

8 SDEG KALOL 150 50 0 0

9 SDEP VIJAPUR 60 85 2 0

10 SDEG VIJAPUR 75 95 2 0

11 SDEG MNSGZR 50 80 3 0

12 SDEG KUKARWADA 50 75 2 0

13 SDEP VISNAGAR 350 200 5 0

14 SDEG VISNAGAR 150 75 4 0

15 SDEG VADNAGAR 100 25 4 0

16 SDEG SATLASANA 75 40 3 0

17 SDEG KHERALU 100 50 3 0

18 SDEP UNJHA 500 400 3 0

19 SDEG UNJHA 100 113 2 0

20 SDEP SIDHPUR 450 300 3 0

21 SDEG SIDHPUR 200 200 5 0

22 SDEP PATAN 350 150 5 0

23 SDEG PATAN 100 50 5 0

24 SDEG HRJSAMI 100 50 4 0

Total 5235 3838 75 5

33 Signature of the Contractor

SECTION ndashVII

STANDARD SCHEDULE OF RATE (SOR) FOR REPARING OF EPBT

AND CLIP INSTRUMENT IN MEHSANA TELECOM DISTRICT (MEHSANA SSA)

To

GMTD Mehsana

Sub - Our Financial Bid for repairing of EPBT amp CLIP Instruments in Mehsana SSA

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Sir

Having examined the tender documents terms amp conditions specification of work

stipulated there in IWe the undersigned offer our rates in percentage as under

Brief description of items for

Repairing under ARC

Approx Quantity to be

repaired under ARC

SOR Per Instrument

(a) (b) (c)

(1) Repairing of CLIP Telephones

instruments

5235 No Rs 55-

(2) Repairing of Electronics Push

Button Telephones (EPBT)

3838 No Rs 23-

(3) Repairing of Buttons Key

75 No Rs 26-

(3) Repairing of Plan Instruments

5 No Rs 39-

Note- The Quantity of Clip instrument ( 5500) may be consider which AMC will be expired as per given below -

(1) AMC of 1400 PTPL instrument may be expired on 23092016

(2) AMC of 3100 PTPL instrument may be expired on 21012017

(3) AMC of 1000 PTPL instrument may be expired on 25032017

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

34 Signature of the Contractor

ANNEXURE-I

Fault analysis report of instruments of quarter ending

No of faulty

instruments

with

contractor at

the

beginning of

the period

No of faulty instruments

received by contractor

during the quarter

No of faulty instruments

repaired and returned to

Depot officer

CF No of

faulty

instruments

with

contractor

In warranty Out of

warranty

In warranty Out of

warranty

1

2

Nature of Fault

Type No Of instruments

No

dial

tone

Dial

faulty

No

ring

Poor

speechdisturbance

Dead Display

Fault

No fault

foundMisc

In

warrant

Out of

warranty

Repairing carried out

Type Faults in

TransmitterReceiver Ringer Contract

foil

PCB

Fault

Disply No fault

foundMisc

In

warrant

Out of

warranty

35 Signature of the Contractor

ANNEXURE ndashII

DECLARATION

(TO BE SUBMITTED WITH TECHNICAL BID)

IWe hereby declare that IWe have carefully gone through the Terms amp Conditions of

Tender Notice Invited vide No MMTenderMehsana2016-1706 Dated 26102016 in

detail and agree to the rate submitted by MeUs in the rate sheet and IWe agree in full to

abide by them

1) Signature of the Party ___________________________________

Full Name ___________________________________

(In block letter) ___________________________________

2) Full address ___________________________________

___________________________________

___________________________________

___________________________________

Tele No (O)________________________________

(R)________________________________

3) Capacity in which the __________________________________

Tender is signed

Rubber stamp is required) __________________________________

__________________________________

Date Signature of the Tenderer with seal

36 Signature of the Contractor

ANNEXURE ndash IV

DECLARATION REGARDING EPF TO BE GIVEN ON NON-JUDICIAL STAMPS

PAPER OF RS 100-

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

I helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipProprietor of

Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip do here by declare

that I am the proprietor of my above firm I am carrying out the repairing of

EPBT amp CLIP my self I do not engage labour So EPF is not applicable to

me

However the decision of the competent authority shall be binding to me in

this regard

Name of the Bidder

Signature of the Bidder with Seal

37 Signature of the Contractor

ANNEXURE ndash V

Undertaking to be given for compliance of EPF Registration certificate

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

We the partners Directors of the firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Do here by undertake that if our tender is accepted we will submit the EPF Registration

certification at the earliest latest by one month after the agreement carried out with the

BSNL Mehsana for execution of works for repairing of EPBT amp CLIP Instruments in

Mehsana SSA failing which the decision of the competent authority will be binding on us

To be signed by all Partners directors

38 Signature of the Contractor

ANNEXURE ndash VI

LETTEROF AUTHORISATION FOR ATTENDING BID OPENING

Tender Number MMTenderMehsana2016-1706 Dated 26102016

Subject Authorisation for attending bid opening on___________________(date) the

tender of following persons are hereby authorised to attend the bid opening

for the tender mentioned above on behalf of ______________________

(Bidder) in order of preference given below

Order of Preference Name

Specimen Signatures

I

II

Alternate

Representative

Signatures of

bidder

Or

Officer authorised to sign the bid

Documents on behalf of the bidder

No 1 Maximum of two representatives will be permitted to attend bid opening In

case where it is restricted to one first preference will be allowed Alternate

representative will be permitted when regular representatives are not to able

attending

2 Permission for entry to the hall where bids are opened may be refused in case

authorisation as prescribed above is not recovered

39 Signature of the Contractor

ANNEXURE ndash VII

INTEGRITY PACT

Between

Bharat Sanchar Nigam Limited (BSNL) GMTD-Mehsana hereinafter referred to as ldquoThe

Principalrdquo

And

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphereinafter referred to as ldquoThe BidderContractorrdquo

Preamble

The Principal intends to award under laid down organizational procedures contracts for --

----------------------------------------- The Principal values full compliance with all relevant

laws and regulations and the principles of economic use of resources and of fairness and

transparency in its relations with its Bidders and Contractors

In order to achieve these goals the Principal will appoint an Independent External Monitor

who will monitor the tender process and the execution of the contract for compliance with

the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to

observe the following principles -

(a) No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for

or accept for himherself or third person any material or immaterial benefit which heshe

is not legally entitled to

(b) The Principal will during the tender process treat all Bidder(s) with equity and reason

The Principal will in particular before and during the tender process provide to all

Bidder(s) the same information and will not provide to any Bidder(s)

confidentialadditional information through which the Bidder(s) could obtain an advantage

in relation to the tender process or the contract execution

(c) The Principal will exclude from the process all known prejudiced persons

(2) If the Principal obtains information on the conduct of any of its employees which is a

criminal offence under the relevant Anti-Corruption Laws of India or if there be a

substantive suspicion in this regard the Principal will inform its Vigilance Office and in

addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder(s)Contractor(s)

(1) The Bidder(s)Contractor(s) commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation

in the tender process and during the contract execution

(a) The Bidder(s)Contractor(s) will not directly or through any other person or firm offer

promise or give to any of the Principalrsquos employees involved in the tender process or the

40 Signature of the Contractor

execution of the contract or to any third person any material or immaterial benefit which

heshe is not legally entitled to in order to obtain in exchange any advantage of any kind

whatsoever during the tender process or during the execution of the contract

(b) The Bidder(s)Contractor(s) will not enter with other Bidder(s) 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

(c) The Bidder(s)Contractor(s) will not commit any offence under the relevant Anti-

corruption Laws of India further the Bidder(s)Contractor(s) will not use improperly for

purposes of competition or personal gain or pass on to others any information or

document provided by the Principal as part of the business relationship regarding plans

technical proposals and business details including information contained or transmitted

electronically

(d) The Bidder(s)Contractor(s) will when presenting his bid disclose any and all

payments he has made is committed to or intends to make to agents brokers or any other

intermediaries in connection with the award of the contract

(2) The Bidder(s)Contractor(s) will not instigate third persons to commit offences outlined

above or be an accessory to such offences

Section 3 ndash Disqualification from tender process and exclusion from future contracts

If the Bidder(s)Contractor(s) before contract award or during execution has committed a

transgression through a violation of Section 2 above or in any other form such as to put his

reliability or credibility in question the Principal is entitled to disqualify the

Bidder(s)Contractor(s) from the tender process or take action as per the defined procedure

Section 4 ndash Compensation for Damages

(i) If the Principal has disqualified the Bidder(s) from the tender process prior to the award

according to Section 3 the Principal is entitled to demand and recover the damages

equivalent to Earnest Money Deposit Bid Security

(ii) If the Principal has terminated the contract according to Section 3 or if the Principal is

entitled to terminate the contract according to section 3 the Principal shall be entitled to

demand and recover from the Contractor the amount equivalent to Security Deposit

Performance Bank Guarantee in addition to any other penalties recoveries as per terms

and conditions of the tender

Section 5 ndash Previous transgression

(i) The Bidder declares that no previous transgression occurred in the last 3 years with any

other Company in any country conforming to the Anti-corruption approach or with any

other Public Sector Enterprise in India that could justify his exclusion from the tender

process

(ii) If the Bidder makes incorrect statement on this subject he can be disqualified from the

tender process or action can be taken as per the defined procedure

Section 6 ndash Equal treatment of all BiddersContractorsSubcontractors

41 Signature of the Contractor

(i) The principal will enter into agreements with identical conditions as this one with all

BiddersContractors

(ii) The Bidder(s)Contractor(s) undertake(s) to demand from all subcontractors a

commitment in conformity with this Integrity Pact

(iii) The Principal will disqualify from the tender process all bidders who do not sign this

Pact or violate its provisions

Section 7 ndash Criminal charges against violating

Bidder(s)Contractor(s)Subcontractor(s)

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or

of an employee or a representative or an associate of a Bidder Contractor or

Subcontractor which constitutes corruption or if the Principal has substantive suspicion in

this regard the Principal will inform the Corporate Vigilance Office

Section 8 ndash External Independent MonitorMonitors

1 Principal appoints competent and credible Independent External Monitor for this Pact

The task of the Monitor is to review independently and objectively whether and to what

extent the parties comply with the obligations under this agreement

2 The Monitor is not subject to instructions by the representatives of the parties and

performs his functions neutrally and independently He reports to the CMD of the BSNL

3 The Bidder(s)Contractor(s) accepts that the Monitor has the right to access without

restriction to all Project documentation of the Principal including that provided by the

Contractor The Contractor will also grant the Monitor upon his request and demonstration

of a valid interest unrestricted and unconditional access to his project documentation The

same is applicable to Subcontractors The Monitor is under contractual obligation to treat

the information and documents of the Bidder(s)Contractor(s)Subcontractor(s) with

confidentiality

Notwithstanding anything contained in this Section the Bidder(s)Contractor(s) shall have

no obligation whatsoever to provide any internal costing mechanisms or any internal

financial or commercial data pursuant to any audit or review conducted by or on behalf of

the Principal Further the Bidder(s)Contractor(s) shall not be required to provide any data

relating to its other customers or any personnel or employee related date

4 The Principal will provide to the Monitor 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 Principal and the Contractor The parties offer to the

Monitor the option to participate in such meetings

5 As soon as the Monitor notices or believes to notice a violation of this agreement he

will so inform the Management of the Principal and request the Management to

discontinue or take corrective action or to take other relevant action The monitor can in

this regard submit non-binding recommendations Beyond this the Monitor has no right to

demand from the parties that they act in a specific manner refrain from action or tolerate

action

42 Signature of the Contractor

6 The Monitor will submit a written report to the Chairperson of the Board of the Principal

within 8 to 10 weeks from the date of reference or intimation to him by the lsquoPrincipalrsquo and

should the occasion arise submit proposals for correcting problematic situations

7 If the Monitor has reported to the CMD of the BSNL a substantiated suspicion of an

offence under relevant Anti-Corruption Laws of India and the BSNL has not within

reasonable time taken visible action to proceed against such offence or reported it to the

Corporate Vigilance Office the Monitor may also transmit this information directly to the

Central Vigilance Commissioner Government of India

8 The word lsquoMonitorrsquo would include both singular and plural

Section 9 ndash Pact Duration

This Pact begins when both parties have legally signed it It expires for the Contractor 12

months after the last payment under the contract and for all other Bidders 6 months after

the contract has been awarded

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 dischargeddetermined by

CMD BSNL

Section 10 ndash Other provisions

1 This agreement is subject to Indian Law Place of performance and jurisdiction is the

Registered Office of the Principal ie New Delhi The arbitration clause provided in the

tender document contract shall not be applicable for any issue dispute arising under

Integrity Pact

2 Changes and supplements as well as termination notice need to be made in writing

3 If the Contractor is a partnership or a consortium this agreement must be signed by all

partners or consortium members

4 Should one or several provisions of this agreement turn out to be invalid the remainder

of this agreement remains valid In this case the parties will strive to come to an agreement

to their original intensions

------------------------------------ ----------------------------------

For the Principal For the BidderContractor

Placehelliphelliphelliphelliphelliphelliphelliphellip Witness 1 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphellip Witness 2 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

43 Signature of the Contractor

Anexx-VIII

AGREEMENT

This agreement made on thishelliphelliphellip day of helliphelliphellip Yearhelliphelliphelliphellip Between hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphellipHerein after called ldquo The contractorrdquo (which expression shall unless excluded by or

repugnant to the context include its successors heir executors administrative representative and

assignee) of the one part amp the BSNL (GMTD Mehsana) herein after referred to as the BSNL of

other part Tender No MMTenderMehsana2016-1706 Dated 26102016

Where as the contractor has offered to enter with the said BSNL for the contract for repairing of

EPBT amp CLIP Plan instruments amp Buttons Key in Mehsana SSA Mehsana Telecom District on

the terms and conditions herein contained and the rates approved by the BSNL (copy of rates

annexed) have been dully accepted and whereas the necessary security deposit have been furnished

in accordance with the provision of the tender documents and whereas no interest will be claimed

on the security deposit Now these presents witness and it is hereby agreed and declared by and

between the partiesrsquo presents as follows

(1) The contractor shall during the period of this contract that is to say fromhelliphelliphelliphelliphellipTo

helliphelliphelliphellip or completion of work whichever is earlier or until this contract shall be

determined by such notice as is herein after mentioned safely carried out by means of

Labours employed at his own expense and by means of tools implements of equipments

etc to be supplied by him to his Labours at his own expense all work of repairing of

EPBT amp CLIP instruments as described in tender documents (annexed to the agreement)

when the BSNL or any other person authorized by GMTD Mehsana in that behalf require it

is under stood by the contractor that the quantity of work mentioned in the schedule is

likely to change as per actual requirement as demanded by exigencies of service

(2) The Notice Inviting Tender Bid documents (qualifying and financial) letter of intent

approved rates annexed here to and such other additional particulars instructions

drawings work orders as may be found requisite to be given during execution of work

shall be deemed and taken to be an integral part of the contract and shall be deemed to be

included in the expression ldquoThe agreement) or ldquoThe Contractrdquo wherever herein used

(3) The contractor also supplies the requisite number of workmen with means and materials as

well as tools appliances vehicles for transportation cartage etc required for the proper

execution of work within the prescribed in the work orders

(4) The contractor hereby declares that no body connected with or in the employment of the

BSNL is notshall not ever be admitted as partner in the contract

(5) The contractor shall abide by the terms and conditions rules guide lines constructions

particulars safety precautions etc stipulated in the tender documents including any

correspondence between the contractor and the BSNL having bearing on execution of work

and payments of work to be done under the contract

In witness whereof the partiesrsquo presents have here in to set their representative hands and

seals the day and year in

Signed sealed amp Delivered by

The above named contractor in the presence of

Above written

Witness

(1)

(2) Signed and delivered on behalf of BSNL

Witness

(1)

(2)

44 Signature of the Contractor

ANNEXURE-IX - UNDERTAKING

This deed of undertaking executed on this helliphelliphellip day ofhelliphelliphelliptwo thousand andhelliphellip

by (name of sole proprietorpartnerdirectorauthorized representative the firm

company trust society etc)helliphelliphelliphelliphelliphelliphelliphelliphelliphellipSO helliphelliphelliphelliphelliphelliphelliphellip

residing athelliphelliphelliphelliphelliphelliphelliphelliphelliphellipOn behalf of said helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of the firm company Trust Society etc) having its office athelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

and dully authorized to sign file and verify present undertaking by the said hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of Firm company Society etc) in favour of Bharat Sanchar Nigam Ltd a

Government Of India undertaking having its registered office at Statesman

HouseB-148 Barkhamba Road New Delhi and local office at Administrative

Building Sanchar Bhawan BSNL Pilaji Ganj Mehsana-1 here in after called

BSNL (which terms shall mean and include its successors administrators heirs and

assigns Where as MS BSNL invited bids for repairing of EPBT amp CLIP instruments in Mehsana SSA

IWe participated in the bidding process and emerged as successful bidder with respect to tender No

MMTenderMehsana2016-1706 Dated 26102016

IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Acknowledge that IWe have fully under

stood and aware of the terms amp conditions of the Tendercontract and do hereby unequivocally and

unconditionally undertake and declare that

(1) IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip shall comply with all

the rulesRegulationsLawsGovernment instructionsstatus etc that are

applicable will be made applicable and or are aimed to protect the interest of

the workersemployees engaged by meus in the past and during the course of

performance of the contract with BSNL

(2) IWe shall fully protect indemnity and hold harmless BSNL and its employees

officers Directors agents judgments damages fines penalties and costs

(including legal costs and disbursements) arising from or relating to

Any breach violation of any direction order from any governmental

authority any provisions of the labour laws or any other laws status or

regulations that are or will be aimed to protect the interest of the

workersLabours engaged by the contractors in past and during the

course of this contract

OR

Any other payments claims or liability that may arise for ensuring

compliance of the provisions of any of the labour laws or any other laws

etc OR

Any other claim made by any third party in connection with any violation

of any laws guide lines instructions etc

In witness whereof this undertaking has caused on thehelliphelliphelliphelliphelliphellip

DayhelliphelliphelliphelliphellipMonth ofhelliphelliphellip Year

Date

Place

Signature

Name

Designation

Witness 1 2helliphelliphellip

45 Signature of the Contractor

ANNEXURE-X

E-Tendering Instructions to Bidders

These Special Instructions (for e-Tendering) supplement lsquoGeneral instructions to Biddersrsquo as enclosed in Section IV of this E-Tender Document Wherever there is a conflict the provisions herein shall prevail over those in other pages of this document

Submission of Bids only through online process is mandatory for this Tender

For conducting electronic tendering BSNL Mehsana is using the portal

(httpeprocurementsynisecombsnl1gujarat) of Ms Synise Technologies ltd Pune A - Submission of tender

1 The bidding process will be accepted only through e-tendering platform 2 Availability of e-tendering document e-tender document can be obtained by

downloading it from the website httpeprocurementsynisecombsnl1gujarat the

physical copy of the Tender document would not be available for sale

3 The Tender document shall not be available for download on its submissionclosing date B - General 1 Tender Bidding Methodology

Sealed Bid System ndashldquoSingle Stage using two envelopsrdquo

In this case of two envelope system Financial amp Techno-commercial bids shall be

submitted by the bidder at the same time

2 Broad outline of activities from Bidders prospective

1 Procure a Digital Signing Certificate (DSC)

2 Register on Electronic Tendering System (RETS)

3 Create Users and assign roles on ETS

4 View Notice Inviting Tender (NIT) on ETS

5 Download Official Copy of Tender Documents from ETS

6 Clarification to Tender Documents on ET Query to BSNL (Optional)

View response to queries posted by BSNL as addenda

7 Bid-Submission on ETS

8 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Techno-commercial Part

9 View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond to BSNLrsquos Post-TOE queries

10 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Financial-Part (Only for Technical Responsive Bidders)

For participating in this tender online the following instructions need to be read

carefully These instructions are supplemented with more detailed guidelines on

the relevant screens of the ETS

3 Digital Certificates

For integrity of data and its authenticity non-repudiation of electronic records and be compliant with IT Act 2000 it is necessary for each user to have a Digital Certificate (DC) also referred to as Digital Signature Certificate (DSC) of Class 2 or above issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer httpwwwccagovin]

4 Registration

To use the Electronic Tenderreg portal ( httpeprocurementsynisecombsnl1gujarat) vendor needs to register on the

46 Signature of the Contractor

portal Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e-tendering activities In ETS terminology this person will be referred to as the Super User (SU) of that organization For f u r ther details

p lease v is i t the websiteportal and follow further instructions as given on the site You may also contact tender wizard Helpdesk (as given below) to get your registration acceptedactivated Tender wizard Helpdesk

Telephone 020-30277517 020-30277522020-30277516

[between 1000 hrs to 1800 hrs on working days]

Mobile Nos Mr Hiren Pandar 7774013247 7774013248

E-mail ID helpdesksynisecom [Please mark CC

hirenpsynisecom]

BSNL Contact-1

BSNLrsquos Contact Person AGM MM Mehsana

Telephone Mobile (02762-220855222900)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID agmmmmehbsnlin

BSNL Contact-2

BSNLrsquos Contact Person SDE MM-Mehsana

Telephone Mobile (02762-221855)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID mehsdemm2bsnlin 5 Bid related Information for this Tender (Sealed Bid)

The entire bid-submission would be

online on ETS Broad outline of

submissions are as follows

Submission of digitally signed copy of Tender DocumentsAddendumaddenda

Two Envelopes

Techno-commercial -Part

Financial-Part

Note -

i) If some document is not applicable for the bidder then he has to upload

scanned copy of paper mentioning ldquoThe document ltNamegt called vide

clause helliphelliphelliphelliphelliphelliphellip is not applicable on usrdquo

ii) If document asked for contains more than one page then all those pages may be uploaded in one PDF format file

iii) Please take care to scan documents such that the total size of

documents to be uploaded remains minimum However it shall be sole

responsibility of bidder that the uploaded documents remain eligible

6 Offline Submissions

The bidder is requested to submit the following documents offline to AGM (MM) 2nd Floor Sanchar Bhawan Pilaji Ganj Mehsana-384001 on or before the date amp

time of submission of bids specified in covering letter of this tender

47 Signature of the Contractor

document in a Sealed Envelope The envelope shall bear (name of the tender) the tender number and the words lsquoDO NOT OPEN BEFORErsquo (due date amp time)

1 EMD-Bid Security in Original

2 DD Bankers cheque against payment of tender fee

3 Power of attorney (if applicable) Note The bidder has to upload the Scanned copy of all above said documents during

online Bid submission also

7 Special Note on Security of Bids

Security related functionality has been rigorously implemented in ETS in a multi-dimensional manner Starting with Acceptance of Registration by the Service Provider provision for security has been made at various stages in Electronic Tenderrsquos software Security related aspects as regard Bid Submission are outlined below

As part of the Electronic Encryptertrade functionality the contents of both the lsquoElectronic Formsrsquo and the lsquoMain-Bidrsquo are securely encrypted using a Pass-Phrase created by the Bidder himself Unlike a lsquopasswordrsquo a Pass-Phrase can be a multi-word sentence with spaces between words (eg I love this World) A Pass-Phrase is easier to remember and more difficult to break It is recommended that a separate Pass-Phrase be created for each Bid-Part This method of bid- encryption does not have the security and data-integrity related vulnerabilities which are inherent in E-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid- encryption Bid-encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE) even if there is connivance between the concerned tender- opening officers of the Buyer organization and the personnel of e-tendering service provider

Typically lsquoPass-Phrasersquo of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself when demanded by the concerned Tender Opening Officers who will open the bid Else Tender Opening Officer may authorize the bidder to open his bid himself There is an additional protection with SSL Encryption during transit from the client-end computer of a Supplier organization to the e-tendering server portal

8 Public Online Tender Opening Event (TOE)

ETS offers a unique facility for lsquoPublic Online Tender Opening Event (TOE)rsquo Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices For this purpose representatives of bidders (ie Supplier organization) dully authorized are requested to carry a Laptop and Wireless Connectivity to Internet Every legal requirement for a transparent and secure lsquoPublic Online Tender Opening Event (TOE)rsquo has been implemented on ETS As soon as a Bid is decrypted with the corresponding lsquoPass-Phrasersquo as submitted online by the bidder himself (during the TOE itself) salient points of the Bids are simultaneously made available for downloading by all participating bidders The work of taking notes during a manual lsquoTender Opening Eventrsquo is therefore replaced with this superior and convenient form of lsquoPublic Online Tender Opening Event (TOE)rsquo ETS has a unique facility of lsquoOnline Comparison Chartrsquo which is dynamically updated as each online bid is opened The format of the chart is based on inputs provided by the Buyer for each Tender The information in the Comparison Chart is based on the data submitted by the Bidders in electronic forms A detailed Technical and or Financial Comparison Chart enhances Transparency Detailed instructions are given on relevant screens

48 Signature of the Contractor

ETS has a unique facility of a detailed report titled lsquoMinutes of Online Tender Opening Event (TOE)rsquo covering all important activities of lsquoOnline Tender Opening Event (TOE)rsquo This is available to all participating bidders for lsquoViewing Downloadingrsquo

There are many more facilities and features on ETS For a particular tender the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer

NOTE In case of internet related problem at a bidderrsquos end especially during lsquocritical

eventsrsquo such as ndash a short period before bid-submission deadline during online

public tender opening event etc it is the bidderrsquos responsibility to have backup

internet connections In case there is a problem at the e- procurement

service-providerrsquos end (in the server leased line etc) due to which all the

bidders face a problem during critical events and this is brought to the notice

of BSNL by the bidders in time then BSNL will promptly re-schedule the

affected event(s)

9 Other Instructions

For further instructions the vendor should visit the home-page of the portal

( httpeprocurementsynisecombsnl1gujarat) and go to the User-Guidance Center The help information provided through lsquoETS User-Guidance Centerrsquo is available in three categories ndash

Users intending to Register First-Time Users Logged-in users of Buyer organizations and Logged-in users of Supplier organizations Various links are provided under each of the three categories Note It is strongly recommended that all authorized users of Supplier

organizations should thoroughly peruse the information provided under the

relevant links and take appropriate action This will prevent hiccups and minimize

teething problems during the use of ETS

The following lsquoFOUR KEY INSTRUCTIONS for BIDDERSrsquo must be assiduously adhered to

1 Obtain individual Digital Signing Certificate (DSC or DC) well in advance of

your first tender submission deadline on ETS

2 Register your organization on ETS well in advance of your first tender submission deadline on ETS

3 Get your organizationrsquos concerned executives trained on ETS well in advance of your first tender submission deadline on ETS

4 Submit your bids well in advance of tender submission deadline on ETS as

there could be last minute problems due to internet timeout breakdown etc

While the first three instructions mentioned above are especially relevant to first-time users of ETS the fourth instruction is relevant at all times

10 Minimum Requirements at Bidders end

Computer System with good configuration (Min P IV 1 GB RAM Windows XP)

Broadband connectivity

Microsoft Internet Explorer 60 or above

Digital Certificate(s) for users

49 Signature of the Contractor

ANNEXURE-III

RATE SHEET

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Rate should be quoted in below Rate Sheet

Sr

No

Rates Quoted By Bidder With Respect to SOR (Schedule Of Rate)

Particulars In Figure In Words

1 Above Of SOR

2 Below Of SOR

3 AT PAR

[At Same Rates of SOR]

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

Signature of the Bidder with Seal

Note

1 All faulty instruments are to be repaired except fully broken or fully burnt due to

electric hazards

2 The work may be offered to more than one contractor if required

Signature of the Tenderer with seal

Full Name _____________________

Full Address________________________

  • TABLE OF CONTENTS
    • CERTIFICATE REGARDING NEAR RLATIVES
      • LETTEROF AUTHORISATION FOR ATTENDING BID OPENING
      • Signed sealed amp Delivered by
      • Above written
        • ANNEXURE-IX - UNDERTAKING

24 Signature of the Contractor

44 TIME LIMIT amp LIQUIDATED DAMAGE CHARGES

441 It will be at the discretion of the GMTD MEHSANA to revise or modify or extend

the time limits specified for the total work awarded to the contractor or to further specify

the quantum of work to be completed within a specified period provided a written request

has been received from the contractor explaining the reasons for which such extension of

time is asked for and the GMTD MEHSANA in the particular case is convinced and

satisfied that such extension or revision or modification is in the interest of the

Government In such cases payment of liquidated damage as compensation for delay

becomes liable based on such revised or modified or extended time limits and the

conditions under which such extension or modification or revision has been made

Liquidated damage will be charged as per Special Condition clause No2 amp 3 read as

under

1 Delay in collection - Rs5- per instrument per week or part there of for entire lot of

unserviceable instruments collected delayed subject to a maximum Rs20- per instrument

in case timely collection is not done as per 2(b) of special conditions

2 Delay in delivery- Rs2- per week or part there of on the entire lot of instruments

delivered delayed in case of delivery not made timely as per Para 3 of Special conditions

442 The contractor shall have to complete the contractual work within stipulated period

and it is very clearly understood between the parties that the time is made the essence of

contract

45 The Company assumes no responsibility whatever for any oral understandings or

representations made by any its officers or agents or servants prior to the execution of the

contract and all previous negotiations and understandings are hereby canceled

46 STORERSMATERIAL SUPPLIED BY THE GOVERNMENT

All materials supplied to the contractor by the company shall remain the absolute

property of Company and shall not be removed from site of the work except for use in the

work and shall be at all times open to inspection by Designated official

47 In the event of the contractor being adjudged insolvent or going voluntarily into

liquidation or having received order or other order under insolvency Act made against him

or in the case of a company of the passing of any resolution or making of any order for

winding up weather voluntarily or otherwise or in the event of the contractor failing to

comply with any of the conditions herein specified the GMTDMEHSANA shall have

the power to terminate the contract without previous notice

48 ACCEPTANCES AND MEASUREMENT

481 It is important that the work carried out by contractor is approved by the designated

official nominated representative of the company

482 The designated official nominated representative of the Govt and the contractor or

his authorized representative will certify under their signature at the appropriate places that

the work carried out is as per the specification

49 PRICE VARIATION

25 Signature of the Contractor

The Company shall not be responsible for any escalation in prices of labour or materials

machinery equipment etc whatsoever or any increase in any duties levies or taxes in

respect thereof whatsoever and the contractor rates and contractors obligations shall

remain unaffected by such escalation and or increases

50 FORCE MAJEURE

In the event of either party being rendered unable by force majeure to perform this

contract than the obligations of the party effected by such force majeure shall be

suspended for the whole period during which such cause lasts and until normal operation

are resumed and when such cause ends the execution of this contract must be resumed

with all responsible dispatch should the execution of this contract be suspended by force

majeure than a corresponding extension of the completion date shall be automatically

granted The occurrence of a cause of force majeure however shall not relieve the

company and its obligation to make payment to the contractor for the work satisfactorily

executed prior thereto The terms force majeure as employed herein shall mean act of God

war declared or undeclared hostilities enemy actions revolts riots legal lock outs and

eligible strikes tidal waves forest fires major floods explosions earth quakes epidemics

sabotage extra ordinary act and Regulation of central or state Government or Municipality

Bodies Upon the occurrence of such causes and its termination the parties rendered unable

as aforesaid shall notified the other party in writing within 72 hours of the beginning and

ending dates giving full particulars and evidences if required

51 PAYMENTS

The contractor shall prepare the bills claiming shown as labour cost and material cost

separately The contractor shall submit the bills within 30 days after completion of the

work duly certified by the designated officialnominated representative of company

GMTD MEHSANA has full right to disallow the payment of the bills received after 30

days of completion of work

52 The GMTD MEHSANA may however at his discretion allow the contractor to

submit fortnightly bills or at the end of each work

53Income tax at the rate in force at that time would be deducted from his payments of bills

as Tax deducted at source However if any new legislation comes into effect for

deduction of tax at source at any other rate deduction will be made at that rate

The GMTD MEHSANA will issue necessary Income tax deduction certificate or the

Accounts Officer detailing the amount so deducted As Tax Deducted at Source at the time

of payment or each bill

54 The Tenderer should submit all requisite documents including EPF related documents

as per clause in tender terms amp conditions and special conditions along with the bill if

applicable

55 PAYMENT PROCEDURE

551 The bills are to be submitted in TRIPLICATE and in the manner and form that may

be prescribed by the GMTD MEHSANA from time to time ldquoAccounts Payeerdquo cheque

for amount passed in the bill will be issued only after the contractor gives a stamped

receipt for the amount unless the bills are pre-receipt Only Accounts Payee Cheques

drawn on the branch of the state bank of India or other bank in which the GMTD or the

26 Signature of the Contractor

Accounts Officer may be having drawing assignment account will make payments The

payments will be made either by the Accounts Officer or by any other official who at any

period of time may be convenient to the company

552 Any liquidated damages due shall also be recoverable from the bills submitted for the

payment by the aforesaid officer

553 The security deposit with the GMTD Shall be considered for adjustment against

liquidated damages only at the time of final conclusion of the contract and final settlement

of account

554 The GMTD MEHSANA will have e the right to recover liquidated damages for

delay or slow progress of the works from the bills submitted for payment

555 The final settlement of the bills and refund adjustmentappropriation of any amount

detained from the running bill of the contractor shall be made fully after the GMTD is

satisfied that all the contractual obligation have been fully met and no amount remain due

for recovery from the contractor on any count Unless there are specific reasons all

accounts are expected to be settled within a period of six months from the date of

completion of the works in all respects

56 FINAL ACCEPTANCE

If any of the work is found to be unsatisfactory by the designated officialnominated

representative of the govt the contractor shall be intimated in writing of the corrections

repairing to be carried out The contractor shall be required to correct all defects that

remain evident at any time prior to final acceptance of the contractors works by the

GMTD MEHSANA The cost of all such repairs and corrections shall be borne by the

contractor Failure or neglect on the part of the GMTD MEHSANA or his representative

to confirm or reject inferior work notwithstanding final acceptance of the work or any part

thereof by the company THE GMTD MEHSANA Designated official or his

representative shall not be construed to imply the acceptance of such work The provision

of this clause shall not in any way affect or limit the contractors liability under the

undertaking and guarantee contained in the contract documents

57 DISPUTES AND ARBITRATION

All dispute arising between the contractor and GMTD MEHSANA out of this contract

shall be referred to the sole arbitration in the following manners -

a) In case parties are unable to reach a settlement by themselves the dispute should be

submitted for arbitration in accordance with contract agreement

b) There should not be a joint submission with the contractor to the sole arbitrator

c) Each party should submit its own claimed severely and may oppose the claim put

forward by the other party

d) The onus of establishing his claims will be left to the contractor

e) His claim will be firmly resisted by utilizing all the evidence available with the

company

27 Signature of the Contractor

f) Once a claim has been included in the submission by the contractor a retraction or

modification thereof will be opposed

g) The Point of Defense will be based on actual condition of the contract

h) The question whether these conditions are equitable shall not receive any consideration

in the preparation of Points of Defense

i) The arbitrator shall not entertain claims in the nature of ex-gratia payments as these

are not contractual

j) If the contractor including such claims in his submission the fact that they are not

contractual will be prominently placed before the arbitrator

k) In case the amount involved is heavy the sole arbitrator may be within his rights to

conduct the defense by the government pleader

The award of the sole arbitrator shall be final and binding on the parties to the dispute It

is further agreed that reference to the sole arbitration of officer appointed as arbitrator is

conditions precedent and none will be entitled to move the court without referring the

matter to sole arbitrator

58 Contractor should produce latest Income Tax CertificateSales Tax registration

certificate

59GMTD Mehsana reserves the rights to terminate RRC for breach of

conditionconditions of the agreement after giving a show cause notice of 14 days and after

examining reply if any filed by him pursuance to show cause notice

60 GMTD Mehsana reserves the rights to engaged one or more contractors for this work

61 Rates to be quoted in ANNEXURE ndash III Financial Bid in separate sealed cover and

declaration to be given in ANNEXURE-II-A amp ANNEXURE ndash II B duly signed by all

partnersdirectors of the companyfirm

28 Signature of the Contractor

SECTION ndash V

SPCECIAL CONDITIONS

Work Orders shall be issued by concerned SDE approved by DE

1 Scope of the work Repairing of faulty electronic CLIP push button telephone

instruments buttons key including plan instrument It shall cover all instruments

including those having PCB Display of CLI and burnt out due to their connections

to powers inadvertently but excluding PBT with bakelite portion broken

discolored

2 Collection of faulty instruments

A For lifting of faulty instruments the minimum lot size will be of 20 units

the SDEexchange in charge will intimate the quantity of faulty instruments

accumulated with him over telephone or by FAX to the contractor

B The contractor shall ensure the collection of the faulty instruments within

three working days of the date at giving work order or intimation over telephone or

by FAX on working days between 10 AM to 17 PM at his cost

C The contractor shall acknowledge the receipt of the faulty instruments made

over to him

3 Duration of repair

A The contractor shall repair the faulty instruments at his own work-shop and

return the same to SDEexchange in-charge concerned at his own cost within one

week of its collection (for calculating one week the day of collection and day of

handing over will be inclusive)

B After carrying out repairs of the faulty instruments the contractor shall

offer the instruments to SDEExchange in-charge or JTO nominated by him for

inspection and testing one day before the expiry of schedule delivery date The

decision of the inspecting officer as to accept the repaired instruments will be final

and binding on contractor

C The contractor shall pack each repaired instrument suitably in a

polythene bag after polishingbuffing while returning them to SDE

D The contractor shall paste stiker with date of repairing on back side of

each repaired instrument while returning them to SDE

E The repaired instruments shall be returned back to the same SDEExchange

in-charge unless specified otherwise from where these instruments were collected

for repairs

4 Warranty repair

The contractor will undertake quality repair which will ensure the normal

troubledefect free performance of the instruments for a period of 12 months from

the date of inspection and clearance In case the repaired instruments develops

any defect or any deficiency or fault ie it becomes faulty during the warranty

29 Signature of the Contractor

period the contractor shall rectify repair and remedy such defects deficiency in the

repaired instruments at his own cost and expenses

5 A Method of evaluation

Tenders will be evaluated with reference to the total cost worked out by

multiplying rates quoted by Tenderer with approximate number of EPBT amp

CLIP Instruments as shown in the price bid

B Reports

1 The contractor shall furnish a summary of fault found and namedetails of

the components replaced in the instruments repaired while offering them for

inspection

2 The contractor shall also furnish a quarterly analysis of faulty and repaired

batch wise as per Annexure-I

6 Quality of components

The contractor shall use good quality components for repairs of the instruments

The replaced parts should be purchased by the contractor from DOT approved

source s

7 Liquidated damage

1 Delay in collection Rs 5- per instruments per week or part thereof for

entire lot of unserviceable instruments collected delayed subject to a

maximum of Rs 20- per instruments In case timely collection is not don as

per Para 2(B) above

2 Delay in delivery Rs2 per instrument per week or part thereof on the

entire lot of instruments delivered delayed in case delivery not made timely

as per Para 3 above

8 Quantum of EMD and PSD

EMD as per NIT - to be paid either in cash or in form of DDBankerrsquos

ChequePay Order from NationalizedScheduled Bank in favour of Accounts

Officer (Cash) BSNL Oo GMTD ndash Mehsana payable at Mehsana

Performance Security Deposit 10 of estimated cost of tender payable either in cash or DD or in form of Bank guarantee

from Nationalized BankScheduled Bank for a period of 24 months which will be released or refunded after successful

completion of contract and no due pending against contractor 9 Extension of validity of RRC period Period of RRC will normally

be one year However GMTD Mehsana reserves the right to extend it for a further period of six months or one year or part

there of under the same rates and terms and conditions

Estimated cost for the second year or part there of shall be considered same as approved for first year or part

there of on pro-rata basis

30 Signature of the Contractor

10 Eligibility The bidder should have

Experience of repairing of CLIP or EPBT Instruments in DOTBSNLGovt

PSU Private SectorFirm for one year during last five years as per NIT

11 Documents to be submitted with Technical Bid (Qualifying Bid) to establish

their eligibility for bidding

111 Experience certificate (self attested copy) issued by not below the rank of DEAGM in

DOTBSNLGovtPSUPrivate SectorFirm as required under clause 10 above

112 Self attested Copy of registration of firm (not required for proprietorship)

113 For EPF particulars submit the EPF registration certificate if applicable

(If not applicable submit the clarification as to how not applicable and submit

undertaking on Non judicial stamp paper of Rs 50- regarding submission of it within

one month after the agreement with BSNL Mehsana) If the firms which are under

partnership deed Company Pvt Ltd shall have to submit EPF registration certificate

If not obtain they shall have to obtain the earliest and latest by the time of agreement

They shall have to submit necessary undertaking certificate for this in ANNEXURE-

VI

114 Self attested Copy of Registration particulars with Central Excise for Service Tax If

undertaking is given he shall have to submit within one month before agreement failing

which there will be no agreement (If Service tax is not applicable he shall have to

submit reasons as to how it is not applicable)

115 Partnership deed amp power of attorney who has signed the bid (self attested copy) if

applicable

116 Bio-data of Tenderer in ANNAXURE--IV

117 Declaration to be given in ANNEXURE-II A amp II B

12 Rates to be quoted in ANNEXURE-III In Financial Bid to be submitted separately

in sealed cover

13 GMTD Mehsana reserves the rights to terminate RRC for breach of condition

conditions of the agreement after giving a show cause notice of 14 days and after

examination reply if any filled by him pursuance to show cause notice

14 EPF contribution in respect of LabourEmployees employed by the contractor for

execution of works of BSNL if applicable The contractor will have to

fulfillcompliance of the provisions of EPF amp Misc provisions Act1952 amp Employees

provident fund scheme-1952 by the contractor in respect of LaboursEmployees

engaged by them for performing the work of BSNL while submitting the claim of bills

towards works executed by him if applicable he must accompany the

i List showing the details of LaboursEmployees engaged

ii Duration of their engagement

iii The amount of wages paid to such LaboursEmployees for the duration in question

iv Amount of EPF contribution (both employees amp employers contribution) for the

duration of engagement in question paid to the EPF authorities

31 Signature of the Contractor

v Copies of authenticated documents of payments of such contributions to

EPF authorities and a declaration for compliance of EPF Act 1952

15 The BSNL reserves the right to disqualify such bidders who have a record of not

meeting contractual obligation against earlier contracts entered into with the

BSNL MEHSANA

16 Multiple Vendor System -The BSNL Mehsana intends to limit the number

of technically amp commercially responsive bidders to (Maximum three) from

the list of such bidders arranged in increasing order of their evaluated rate

starting from the lowest for the purpose of award of work against this

tender The distribution of quantum of work among the bidders is as per

clause of Section ndash of tender document

ldquoHowever SSA Head Mehsana reserve the right for the award of contract amp

work of entire tendered quantity to the bidder with the lowest evaluated

ratesrdquo

17 NOTE-

Tender documents containing detailed description of work terms amp conditions can be

had from Asstt General Manager (MM) Oo GMTD Mehsana 2nd Floor Admn

Building Sanchar Bhawan Pilaji Ganj Mehsana-384001 between 10=00 hours to

17=00 hours from 26102016 to 17112016 on all working days

Asstt General Manager (MM) Oo GMTD Mehsana ndash 384001

32 Signature of the Contractor

SECTION ndashVI

1 Specification and Tentative Quantum of work for repairing of EPBT amp

CLIP (approximate)

Sr

No

Name of SDE Unit

[Concern Supervising

Authority]

Quantum of Works for Tender for repairing

of EPBT amp CLIP Instruments [In No]

CLIP Inst EPBT

Inst

Buttons

Key

Plan Inst

1 SDE P MEHSANA 750 900 3 5

2 SDE G MEHSANA 225 250 5 0

3 SDE G CHANASAMA 100 0 5 0

4 SDE G CHHATRAL 350 200 0 0

5 SDEP KADI 50 0 0 0

6 SDEG KADI 50 0 0 0

7 SDEP KALOL 750 450 7 0

8 SDEG KALOL 150 50 0 0

9 SDEP VIJAPUR 60 85 2 0

10 SDEG VIJAPUR 75 95 2 0

11 SDEG MNSGZR 50 80 3 0

12 SDEG KUKARWADA 50 75 2 0

13 SDEP VISNAGAR 350 200 5 0

14 SDEG VISNAGAR 150 75 4 0

15 SDEG VADNAGAR 100 25 4 0

16 SDEG SATLASANA 75 40 3 0

17 SDEG KHERALU 100 50 3 0

18 SDEP UNJHA 500 400 3 0

19 SDEG UNJHA 100 113 2 0

20 SDEP SIDHPUR 450 300 3 0

21 SDEG SIDHPUR 200 200 5 0

22 SDEP PATAN 350 150 5 0

23 SDEG PATAN 100 50 5 0

24 SDEG HRJSAMI 100 50 4 0

Total 5235 3838 75 5

33 Signature of the Contractor

SECTION ndashVII

STANDARD SCHEDULE OF RATE (SOR) FOR REPARING OF EPBT

AND CLIP INSTRUMENT IN MEHSANA TELECOM DISTRICT (MEHSANA SSA)

To

GMTD Mehsana

Sub - Our Financial Bid for repairing of EPBT amp CLIP Instruments in Mehsana SSA

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Sir

Having examined the tender documents terms amp conditions specification of work

stipulated there in IWe the undersigned offer our rates in percentage as under

Brief description of items for

Repairing under ARC

Approx Quantity to be

repaired under ARC

SOR Per Instrument

(a) (b) (c)

(1) Repairing of CLIP Telephones

instruments

5235 No Rs 55-

(2) Repairing of Electronics Push

Button Telephones (EPBT)

3838 No Rs 23-

(3) Repairing of Buttons Key

75 No Rs 26-

(3) Repairing of Plan Instruments

5 No Rs 39-

Note- The Quantity of Clip instrument ( 5500) may be consider which AMC will be expired as per given below -

(1) AMC of 1400 PTPL instrument may be expired on 23092016

(2) AMC of 3100 PTPL instrument may be expired on 21012017

(3) AMC of 1000 PTPL instrument may be expired on 25032017

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

34 Signature of the Contractor

ANNEXURE-I

Fault analysis report of instruments of quarter ending

No of faulty

instruments

with

contractor at

the

beginning of

the period

No of faulty instruments

received by contractor

during the quarter

No of faulty instruments

repaired and returned to

Depot officer

CF No of

faulty

instruments

with

contractor

In warranty Out of

warranty

In warranty Out of

warranty

1

2

Nature of Fault

Type No Of instruments

No

dial

tone

Dial

faulty

No

ring

Poor

speechdisturbance

Dead Display

Fault

No fault

foundMisc

In

warrant

Out of

warranty

Repairing carried out

Type Faults in

TransmitterReceiver Ringer Contract

foil

PCB

Fault

Disply No fault

foundMisc

In

warrant

Out of

warranty

35 Signature of the Contractor

ANNEXURE ndashII

DECLARATION

(TO BE SUBMITTED WITH TECHNICAL BID)

IWe hereby declare that IWe have carefully gone through the Terms amp Conditions of

Tender Notice Invited vide No MMTenderMehsana2016-1706 Dated 26102016 in

detail and agree to the rate submitted by MeUs in the rate sheet and IWe agree in full to

abide by them

1) Signature of the Party ___________________________________

Full Name ___________________________________

(In block letter) ___________________________________

2) Full address ___________________________________

___________________________________

___________________________________

___________________________________

Tele No (O)________________________________

(R)________________________________

3) Capacity in which the __________________________________

Tender is signed

Rubber stamp is required) __________________________________

__________________________________

Date Signature of the Tenderer with seal

36 Signature of the Contractor

ANNEXURE ndash IV

DECLARATION REGARDING EPF TO BE GIVEN ON NON-JUDICIAL STAMPS

PAPER OF RS 100-

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

I helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipProprietor of

Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip do here by declare

that I am the proprietor of my above firm I am carrying out the repairing of

EPBT amp CLIP my self I do not engage labour So EPF is not applicable to

me

However the decision of the competent authority shall be binding to me in

this regard

Name of the Bidder

Signature of the Bidder with Seal

37 Signature of the Contractor

ANNEXURE ndash V

Undertaking to be given for compliance of EPF Registration certificate

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

We the partners Directors of the firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Do here by undertake that if our tender is accepted we will submit the EPF Registration

certification at the earliest latest by one month after the agreement carried out with the

BSNL Mehsana for execution of works for repairing of EPBT amp CLIP Instruments in

Mehsana SSA failing which the decision of the competent authority will be binding on us

To be signed by all Partners directors

38 Signature of the Contractor

ANNEXURE ndash VI

LETTEROF AUTHORISATION FOR ATTENDING BID OPENING

Tender Number MMTenderMehsana2016-1706 Dated 26102016

Subject Authorisation for attending bid opening on___________________(date) the

tender of following persons are hereby authorised to attend the bid opening

for the tender mentioned above on behalf of ______________________

(Bidder) in order of preference given below

Order of Preference Name

Specimen Signatures

I

II

Alternate

Representative

Signatures of

bidder

Or

Officer authorised to sign the bid

Documents on behalf of the bidder

No 1 Maximum of two representatives will be permitted to attend bid opening In

case where it is restricted to one first preference will be allowed Alternate

representative will be permitted when regular representatives are not to able

attending

2 Permission for entry to the hall where bids are opened may be refused in case

authorisation as prescribed above is not recovered

39 Signature of the Contractor

ANNEXURE ndash VII

INTEGRITY PACT

Between

Bharat Sanchar Nigam Limited (BSNL) GMTD-Mehsana hereinafter referred to as ldquoThe

Principalrdquo

And

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphereinafter referred to as ldquoThe BidderContractorrdquo

Preamble

The Principal intends to award under laid down organizational procedures contracts for --

----------------------------------------- The Principal values full compliance with all relevant

laws and regulations and the principles of economic use of resources and of fairness and

transparency in its relations with its Bidders and Contractors

In order to achieve these goals the Principal will appoint an Independent External Monitor

who will monitor the tender process and the execution of the contract for compliance with

the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to

observe the following principles -

(a) No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for

or accept for himherself or third person any material or immaterial benefit which heshe

is not legally entitled to

(b) The Principal will during the tender process treat all Bidder(s) with equity and reason

The Principal will in particular before and during the tender process provide to all

Bidder(s) the same information and will not provide to any Bidder(s)

confidentialadditional information through which the Bidder(s) could obtain an advantage

in relation to the tender process or the contract execution

(c) The Principal will exclude from the process all known prejudiced persons

(2) If the Principal obtains information on the conduct of any of its employees which is a

criminal offence under the relevant Anti-Corruption Laws of India or if there be a

substantive suspicion in this regard the Principal will inform its Vigilance Office and in

addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder(s)Contractor(s)

(1) The Bidder(s)Contractor(s) commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation

in the tender process and during the contract execution

(a) The Bidder(s)Contractor(s) will not directly or through any other person or firm offer

promise or give to any of the Principalrsquos employees involved in the tender process or the

40 Signature of the Contractor

execution of the contract or to any third person any material or immaterial benefit which

heshe is not legally entitled to in order to obtain in exchange any advantage of any kind

whatsoever during the tender process or during the execution of the contract

(b) The Bidder(s)Contractor(s) will not enter with other Bidder(s) 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

(c) The Bidder(s)Contractor(s) will not commit any offence under the relevant Anti-

corruption Laws of India further the Bidder(s)Contractor(s) will not use improperly for

purposes of competition or personal gain or pass on to others any information or

document provided by the Principal as part of the business relationship regarding plans

technical proposals and business details including information contained or transmitted

electronically

(d) The Bidder(s)Contractor(s) will when presenting his bid disclose any and all

payments he has made is committed to or intends to make to agents brokers or any other

intermediaries in connection with the award of the contract

(2) The Bidder(s)Contractor(s) will not instigate third persons to commit offences outlined

above or be an accessory to such offences

Section 3 ndash Disqualification from tender process and exclusion from future contracts

If the Bidder(s)Contractor(s) before contract award or during execution has committed a

transgression through a violation of Section 2 above or in any other form such as to put his

reliability or credibility in question the Principal is entitled to disqualify the

Bidder(s)Contractor(s) from the tender process or take action as per the defined procedure

Section 4 ndash Compensation for Damages

(i) If the Principal has disqualified the Bidder(s) from the tender process prior to the award

according to Section 3 the Principal is entitled to demand and recover the damages

equivalent to Earnest Money Deposit Bid Security

(ii) If the Principal has terminated the contract according to Section 3 or if the Principal is

entitled to terminate the contract according to section 3 the Principal shall be entitled to

demand and recover from the Contractor the amount equivalent to Security Deposit

Performance Bank Guarantee in addition to any other penalties recoveries as per terms

and conditions of the tender

Section 5 ndash Previous transgression

(i) The Bidder declares that no previous transgression occurred in the last 3 years with any

other Company in any country conforming to the Anti-corruption approach or with any

other Public Sector Enterprise in India that could justify his exclusion from the tender

process

(ii) If the Bidder makes incorrect statement on this subject he can be disqualified from the

tender process or action can be taken as per the defined procedure

Section 6 ndash Equal treatment of all BiddersContractorsSubcontractors

41 Signature of the Contractor

(i) The principal will enter into agreements with identical conditions as this one with all

BiddersContractors

(ii) The Bidder(s)Contractor(s) undertake(s) to demand from all subcontractors a

commitment in conformity with this Integrity Pact

(iii) The Principal will disqualify from the tender process all bidders who do not sign this

Pact or violate its provisions

Section 7 ndash Criminal charges against violating

Bidder(s)Contractor(s)Subcontractor(s)

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or

of an employee or a representative or an associate of a Bidder Contractor or

Subcontractor which constitutes corruption or if the Principal has substantive suspicion in

this regard the Principal will inform the Corporate Vigilance Office

Section 8 ndash External Independent MonitorMonitors

1 Principal appoints competent and credible Independent External Monitor for this Pact

The task of the Monitor is to review independently and objectively whether and to what

extent the parties comply with the obligations under this agreement

2 The Monitor is not subject to instructions by the representatives of the parties and

performs his functions neutrally and independently He reports to the CMD of the BSNL

3 The Bidder(s)Contractor(s) accepts that the Monitor has the right to access without

restriction to all Project documentation of the Principal including that provided by the

Contractor The Contractor will also grant the Monitor upon his request and demonstration

of a valid interest unrestricted and unconditional access to his project documentation The

same is applicable to Subcontractors The Monitor is under contractual obligation to treat

the information and documents of the Bidder(s)Contractor(s)Subcontractor(s) with

confidentiality

Notwithstanding anything contained in this Section the Bidder(s)Contractor(s) shall have

no obligation whatsoever to provide any internal costing mechanisms or any internal

financial or commercial data pursuant to any audit or review conducted by or on behalf of

the Principal Further the Bidder(s)Contractor(s) shall not be required to provide any data

relating to its other customers or any personnel or employee related date

4 The Principal will provide to the Monitor 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 Principal and the Contractor The parties offer to the

Monitor the option to participate in such meetings

5 As soon as the Monitor notices or believes to notice a violation of this agreement he

will so inform the Management of the Principal and request the Management to

discontinue or take corrective action or to take other relevant action The monitor can in

this regard submit non-binding recommendations Beyond this the Monitor has no right to

demand from the parties that they act in a specific manner refrain from action or tolerate

action

42 Signature of the Contractor

6 The Monitor will submit a written report to the Chairperson of the Board of the Principal

within 8 to 10 weeks from the date of reference or intimation to him by the lsquoPrincipalrsquo and

should the occasion arise submit proposals for correcting problematic situations

7 If the Monitor has reported to the CMD of the BSNL a substantiated suspicion of an

offence under relevant Anti-Corruption Laws of India and the BSNL has not within

reasonable time taken visible action to proceed against such offence or reported it to the

Corporate Vigilance Office the Monitor may also transmit this information directly to the

Central Vigilance Commissioner Government of India

8 The word lsquoMonitorrsquo would include both singular and plural

Section 9 ndash Pact Duration

This Pact begins when both parties have legally signed it It expires for the Contractor 12

months after the last payment under the contract and for all other Bidders 6 months after

the contract has been awarded

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 dischargeddetermined by

CMD BSNL

Section 10 ndash Other provisions

1 This agreement is subject to Indian Law Place of performance and jurisdiction is the

Registered Office of the Principal ie New Delhi The arbitration clause provided in the

tender document contract shall not be applicable for any issue dispute arising under

Integrity Pact

2 Changes and supplements as well as termination notice need to be made in writing

3 If the Contractor is a partnership or a consortium this agreement must be signed by all

partners or consortium members

4 Should one or several provisions of this agreement turn out to be invalid the remainder

of this agreement remains valid In this case the parties will strive to come to an agreement

to their original intensions

------------------------------------ ----------------------------------

For the Principal For the BidderContractor

Placehelliphelliphelliphelliphelliphelliphelliphellip Witness 1 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphellip Witness 2 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

43 Signature of the Contractor

Anexx-VIII

AGREEMENT

This agreement made on thishelliphelliphellip day of helliphelliphellip Yearhelliphelliphelliphellip Between hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphellipHerein after called ldquo The contractorrdquo (which expression shall unless excluded by or

repugnant to the context include its successors heir executors administrative representative and

assignee) of the one part amp the BSNL (GMTD Mehsana) herein after referred to as the BSNL of

other part Tender No MMTenderMehsana2016-1706 Dated 26102016

Where as the contractor has offered to enter with the said BSNL for the contract for repairing of

EPBT amp CLIP Plan instruments amp Buttons Key in Mehsana SSA Mehsana Telecom District on

the terms and conditions herein contained and the rates approved by the BSNL (copy of rates

annexed) have been dully accepted and whereas the necessary security deposit have been furnished

in accordance with the provision of the tender documents and whereas no interest will be claimed

on the security deposit Now these presents witness and it is hereby agreed and declared by and

between the partiesrsquo presents as follows

(1) The contractor shall during the period of this contract that is to say fromhelliphelliphelliphelliphellipTo

helliphelliphelliphellip or completion of work whichever is earlier or until this contract shall be

determined by such notice as is herein after mentioned safely carried out by means of

Labours employed at his own expense and by means of tools implements of equipments

etc to be supplied by him to his Labours at his own expense all work of repairing of

EPBT amp CLIP instruments as described in tender documents (annexed to the agreement)

when the BSNL or any other person authorized by GMTD Mehsana in that behalf require it

is under stood by the contractor that the quantity of work mentioned in the schedule is

likely to change as per actual requirement as demanded by exigencies of service

(2) The Notice Inviting Tender Bid documents (qualifying and financial) letter of intent

approved rates annexed here to and such other additional particulars instructions

drawings work orders as may be found requisite to be given during execution of work

shall be deemed and taken to be an integral part of the contract and shall be deemed to be

included in the expression ldquoThe agreement) or ldquoThe Contractrdquo wherever herein used

(3) The contractor also supplies the requisite number of workmen with means and materials as

well as tools appliances vehicles for transportation cartage etc required for the proper

execution of work within the prescribed in the work orders

(4) The contractor hereby declares that no body connected with or in the employment of the

BSNL is notshall not ever be admitted as partner in the contract

(5) The contractor shall abide by the terms and conditions rules guide lines constructions

particulars safety precautions etc stipulated in the tender documents including any

correspondence between the contractor and the BSNL having bearing on execution of work

and payments of work to be done under the contract

In witness whereof the partiesrsquo presents have here in to set their representative hands and

seals the day and year in

Signed sealed amp Delivered by

The above named contractor in the presence of

Above written

Witness

(1)

(2) Signed and delivered on behalf of BSNL

Witness

(1)

(2)

44 Signature of the Contractor

ANNEXURE-IX - UNDERTAKING

This deed of undertaking executed on this helliphelliphellip day ofhelliphelliphelliptwo thousand andhelliphellip

by (name of sole proprietorpartnerdirectorauthorized representative the firm

company trust society etc)helliphelliphelliphelliphelliphelliphelliphelliphelliphellipSO helliphelliphelliphelliphelliphelliphelliphellip

residing athelliphelliphelliphelliphelliphelliphelliphelliphelliphellipOn behalf of said helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of the firm company Trust Society etc) having its office athelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

and dully authorized to sign file and verify present undertaking by the said hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of Firm company Society etc) in favour of Bharat Sanchar Nigam Ltd a

Government Of India undertaking having its registered office at Statesman

HouseB-148 Barkhamba Road New Delhi and local office at Administrative

Building Sanchar Bhawan BSNL Pilaji Ganj Mehsana-1 here in after called

BSNL (which terms shall mean and include its successors administrators heirs and

assigns Where as MS BSNL invited bids for repairing of EPBT amp CLIP instruments in Mehsana SSA

IWe participated in the bidding process and emerged as successful bidder with respect to tender No

MMTenderMehsana2016-1706 Dated 26102016

IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Acknowledge that IWe have fully under

stood and aware of the terms amp conditions of the Tendercontract and do hereby unequivocally and

unconditionally undertake and declare that

(1) IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip shall comply with all

the rulesRegulationsLawsGovernment instructionsstatus etc that are

applicable will be made applicable and or are aimed to protect the interest of

the workersemployees engaged by meus in the past and during the course of

performance of the contract with BSNL

(2) IWe shall fully protect indemnity and hold harmless BSNL and its employees

officers Directors agents judgments damages fines penalties and costs

(including legal costs and disbursements) arising from or relating to

Any breach violation of any direction order from any governmental

authority any provisions of the labour laws or any other laws status or

regulations that are or will be aimed to protect the interest of the

workersLabours engaged by the contractors in past and during the

course of this contract

OR

Any other payments claims or liability that may arise for ensuring

compliance of the provisions of any of the labour laws or any other laws

etc OR

Any other claim made by any third party in connection with any violation

of any laws guide lines instructions etc

In witness whereof this undertaking has caused on thehelliphelliphelliphelliphelliphellip

DayhelliphelliphelliphelliphellipMonth ofhelliphelliphellip Year

Date

Place

Signature

Name

Designation

Witness 1 2helliphelliphellip

45 Signature of the Contractor

ANNEXURE-X

E-Tendering Instructions to Bidders

These Special Instructions (for e-Tendering) supplement lsquoGeneral instructions to Biddersrsquo as enclosed in Section IV of this E-Tender Document Wherever there is a conflict the provisions herein shall prevail over those in other pages of this document

Submission of Bids only through online process is mandatory for this Tender

For conducting electronic tendering BSNL Mehsana is using the portal

(httpeprocurementsynisecombsnl1gujarat) of Ms Synise Technologies ltd Pune A - Submission of tender

1 The bidding process will be accepted only through e-tendering platform 2 Availability of e-tendering document e-tender document can be obtained by

downloading it from the website httpeprocurementsynisecombsnl1gujarat the

physical copy of the Tender document would not be available for sale

3 The Tender document shall not be available for download on its submissionclosing date B - General 1 Tender Bidding Methodology

Sealed Bid System ndashldquoSingle Stage using two envelopsrdquo

In this case of two envelope system Financial amp Techno-commercial bids shall be

submitted by the bidder at the same time

2 Broad outline of activities from Bidders prospective

1 Procure a Digital Signing Certificate (DSC)

2 Register on Electronic Tendering System (RETS)

3 Create Users and assign roles on ETS

4 View Notice Inviting Tender (NIT) on ETS

5 Download Official Copy of Tender Documents from ETS

6 Clarification to Tender Documents on ET Query to BSNL (Optional)

View response to queries posted by BSNL as addenda

7 Bid-Submission on ETS

8 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Techno-commercial Part

9 View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond to BSNLrsquos Post-TOE queries

10 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Financial-Part (Only for Technical Responsive Bidders)

For participating in this tender online the following instructions need to be read

carefully These instructions are supplemented with more detailed guidelines on

the relevant screens of the ETS

3 Digital Certificates

For integrity of data and its authenticity non-repudiation of electronic records and be compliant with IT Act 2000 it is necessary for each user to have a Digital Certificate (DC) also referred to as Digital Signature Certificate (DSC) of Class 2 or above issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer httpwwwccagovin]

4 Registration

To use the Electronic Tenderreg portal ( httpeprocurementsynisecombsnl1gujarat) vendor needs to register on the

46 Signature of the Contractor

portal Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e-tendering activities In ETS terminology this person will be referred to as the Super User (SU) of that organization For f u r ther details

p lease v is i t the websiteportal and follow further instructions as given on the site You may also contact tender wizard Helpdesk (as given below) to get your registration acceptedactivated Tender wizard Helpdesk

Telephone 020-30277517 020-30277522020-30277516

[between 1000 hrs to 1800 hrs on working days]

Mobile Nos Mr Hiren Pandar 7774013247 7774013248

E-mail ID helpdesksynisecom [Please mark CC

hirenpsynisecom]

BSNL Contact-1

BSNLrsquos Contact Person AGM MM Mehsana

Telephone Mobile (02762-220855222900)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID agmmmmehbsnlin

BSNL Contact-2

BSNLrsquos Contact Person SDE MM-Mehsana

Telephone Mobile (02762-221855)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID mehsdemm2bsnlin 5 Bid related Information for this Tender (Sealed Bid)

The entire bid-submission would be

online on ETS Broad outline of

submissions are as follows

Submission of digitally signed copy of Tender DocumentsAddendumaddenda

Two Envelopes

Techno-commercial -Part

Financial-Part

Note -

i) If some document is not applicable for the bidder then he has to upload

scanned copy of paper mentioning ldquoThe document ltNamegt called vide

clause helliphelliphelliphelliphelliphelliphellip is not applicable on usrdquo

ii) If document asked for contains more than one page then all those pages may be uploaded in one PDF format file

iii) Please take care to scan documents such that the total size of

documents to be uploaded remains minimum However it shall be sole

responsibility of bidder that the uploaded documents remain eligible

6 Offline Submissions

The bidder is requested to submit the following documents offline to AGM (MM) 2nd Floor Sanchar Bhawan Pilaji Ganj Mehsana-384001 on or before the date amp

time of submission of bids specified in covering letter of this tender

47 Signature of the Contractor

document in a Sealed Envelope The envelope shall bear (name of the tender) the tender number and the words lsquoDO NOT OPEN BEFORErsquo (due date amp time)

1 EMD-Bid Security in Original

2 DD Bankers cheque against payment of tender fee

3 Power of attorney (if applicable) Note The bidder has to upload the Scanned copy of all above said documents during

online Bid submission also

7 Special Note on Security of Bids

Security related functionality has been rigorously implemented in ETS in a multi-dimensional manner Starting with Acceptance of Registration by the Service Provider provision for security has been made at various stages in Electronic Tenderrsquos software Security related aspects as regard Bid Submission are outlined below

As part of the Electronic Encryptertrade functionality the contents of both the lsquoElectronic Formsrsquo and the lsquoMain-Bidrsquo are securely encrypted using a Pass-Phrase created by the Bidder himself Unlike a lsquopasswordrsquo a Pass-Phrase can be a multi-word sentence with spaces between words (eg I love this World) A Pass-Phrase is easier to remember and more difficult to break It is recommended that a separate Pass-Phrase be created for each Bid-Part This method of bid- encryption does not have the security and data-integrity related vulnerabilities which are inherent in E-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid- encryption Bid-encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE) even if there is connivance between the concerned tender- opening officers of the Buyer organization and the personnel of e-tendering service provider

Typically lsquoPass-Phrasersquo of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself when demanded by the concerned Tender Opening Officers who will open the bid Else Tender Opening Officer may authorize the bidder to open his bid himself There is an additional protection with SSL Encryption during transit from the client-end computer of a Supplier organization to the e-tendering server portal

8 Public Online Tender Opening Event (TOE)

ETS offers a unique facility for lsquoPublic Online Tender Opening Event (TOE)rsquo Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices For this purpose representatives of bidders (ie Supplier organization) dully authorized are requested to carry a Laptop and Wireless Connectivity to Internet Every legal requirement for a transparent and secure lsquoPublic Online Tender Opening Event (TOE)rsquo has been implemented on ETS As soon as a Bid is decrypted with the corresponding lsquoPass-Phrasersquo as submitted online by the bidder himself (during the TOE itself) salient points of the Bids are simultaneously made available for downloading by all participating bidders The work of taking notes during a manual lsquoTender Opening Eventrsquo is therefore replaced with this superior and convenient form of lsquoPublic Online Tender Opening Event (TOE)rsquo ETS has a unique facility of lsquoOnline Comparison Chartrsquo which is dynamically updated as each online bid is opened The format of the chart is based on inputs provided by the Buyer for each Tender The information in the Comparison Chart is based on the data submitted by the Bidders in electronic forms A detailed Technical and or Financial Comparison Chart enhances Transparency Detailed instructions are given on relevant screens

48 Signature of the Contractor

ETS has a unique facility of a detailed report titled lsquoMinutes of Online Tender Opening Event (TOE)rsquo covering all important activities of lsquoOnline Tender Opening Event (TOE)rsquo This is available to all participating bidders for lsquoViewing Downloadingrsquo

There are many more facilities and features on ETS For a particular tender the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer

NOTE In case of internet related problem at a bidderrsquos end especially during lsquocritical

eventsrsquo such as ndash a short period before bid-submission deadline during online

public tender opening event etc it is the bidderrsquos responsibility to have backup

internet connections In case there is a problem at the e- procurement

service-providerrsquos end (in the server leased line etc) due to which all the

bidders face a problem during critical events and this is brought to the notice

of BSNL by the bidders in time then BSNL will promptly re-schedule the

affected event(s)

9 Other Instructions

For further instructions the vendor should visit the home-page of the portal

( httpeprocurementsynisecombsnl1gujarat) and go to the User-Guidance Center The help information provided through lsquoETS User-Guidance Centerrsquo is available in three categories ndash

Users intending to Register First-Time Users Logged-in users of Buyer organizations and Logged-in users of Supplier organizations Various links are provided under each of the three categories Note It is strongly recommended that all authorized users of Supplier

organizations should thoroughly peruse the information provided under the

relevant links and take appropriate action This will prevent hiccups and minimize

teething problems during the use of ETS

The following lsquoFOUR KEY INSTRUCTIONS for BIDDERSrsquo must be assiduously adhered to

1 Obtain individual Digital Signing Certificate (DSC or DC) well in advance of

your first tender submission deadline on ETS

2 Register your organization on ETS well in advance of your first tender submission deadline on ETS

3 Get your organizationrsquos concerned executives trained on ETS well in advance of your first tender submission deadline on ETS

4 Submit your bids well in advance of tender submission deadline on ETS as

there could be last minute problems due to internet timeout breakdown etc

While the first three instructions mentioned above are especially relevant to first-time users of ETS the fourth instruction is relevant at all times

10 Minimum Requirements at Bidders end

Computer System with good configuration (Min P IV 1 GB RAM Windows XP)

Broadband connectivity

Microsoft Internet Explorer 60 or above

Digital Certificate(s) for users

49 Signature of the Contractor

ANNEXURE-III

RATE SHEET

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Rate should be quoted in below Rate Sheet

Sr

No

Rates Quoted By Bidder With Respect to SOR (Schedule Of Rate)

Particulars In Figure In Words

1 Above Of SOR

2 Below Of SOR

3 AT PAR

[At Same Rates of SOR]

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

Signature of the Bidder with Seal

Note

1 All faulty instruments are to be repaired except fully broken or fully burnt due to

electric hazards

2 The work may be offered to more than one contractor if required

Signature of the Tenderer with seal

Full Name _____________________

Full Address________________________

  • TABLE OF CONTENTS
    • CERTIFICATE REGARDING NEAR RLATIVES
      • LETTEROF AUTHORISATION FOR ATTENDING BID OPENING
      • Signed sealed amp Delivered by
      • Above written
        • ANNEXURE-IX - UNDERTAKING

25 Signature of the Contractor

The Company shall not be responsible for any escalation in prices of labour or materials

machinery equipment etc whatsoever or any increase in any duties levies or taxes in

respect thereof whatsoever and the contractor rates and contractors obligations shall

remain unaffected by such escalation and or increases

50 FORCE MAJEURE

In the event of either party being rendered unable by force majeure to perform this

contract than the obligations of the party effected by such force majeure shall be

suspended for the whole period during which such cause lasts and until normal operation

are resumed and when such cause ends the execution of this contract must be resumed

with all responsible dispatch should the execution of this contract be suspended by force

majeure than a corresponding extension of the completion date shall be automatically

granted The occurrence of a cause of force majeure however shall not relieve the

company and its obligation to make payment to the contractor for the work satisfactorily

executed prior thereto The terms force majeure as employed herein shall mean act of God

war declared or undeclared hostilities enemy actions revolts riots legal lock outs and

eligible strikes tidal waves forest fires major floods explosions earth quakes epidemics

sabotage extra ordinary act and Regulation of central or state Government or Municipality

Bodies Upon the occurrence of such causes and its termination the parties rendered unable

as aforesaid shall notified the other party in writing within 72 hours of the beginning and

ending dates giving full particulars and evidences if required

51 PAYMENTS

The contractor shall prepare the bills claiming shown as labour cost and material cost

separately The contractor shall submit the bills within 30 days after completion of the

work duly certified by the designated officialnominated representative of company

GMTD MEHSANA has full right to disallow the payment of the bills received after 30

days of completion of work

52 The GMTD MEHSANA may however at his discretion allow the contractor to

submit fortnightly bills or at the end of each work

53Income tax at the rate in force at that time would be deducted from his payments of bills

as Tax deducted at source However if any new legislation comes into effect for

deduction of tax at source at any other rate deduction will be made at that rate

The GMTD MEHSANA will issue necessary Income tax deduction certificate or the

Accounts Officer detailing the amount so deducted As Tax Deducted at Source at the time

of payment or each bill

54 The Tenderer should submit all requisite documents including EPF related documents

as per clause in tender terms amp conditions and special conditions along with the bill if

applicable

55 PAYMENT PROCEDURE

551 The bills are to be submitted in TRIPLICATE and in the manner and form that may

be prescribed by the GMTD MEHSANA from time to time ldquoAccounts Payeerdquo cheque

for amount passed in the bill will be issued only after the contractor gives a stamped

receipt for the amount unless the bills are pre-receipt Only Accounts Payee Cheques

drawn on the branch of the state bank of India or other bank in which the GMTD or the

26 Signature of the Contractor

Accounts Officer may be having drawing assignment account will make payments The

payments will be made either by the Accounts Officer or by any other official who at any

period of time may be convenient to the company

552 Any liquidated damages due shall also be recoverable from the bills submitted for the

payment by the aforesaid officer

553 The security deposit with the GMTD Shall be considered for adjustment against

liquidated damages only at the time of final conclusion of the contract and final settlement

of account

554 The GMTD MEHSANA will have e the right to recover liquidated damages for

delay or slow progress of the works from the bills submitted for payment

555 The final settlement of the bills and refund adjustmentappropriation of any amount

detained from the running bill of the contractor shall be made fully after the GMTD is

satisfied that all the contractual obligation have been fully met and no amount remain due

for recovery from the contractor on any count Unless there are specific reasons all

accounts are expected to be settled within a period of six months from the date of

completion of the works in all respects

56 FINAL ACCEPTANCE

If any of the work is found to be unsatisfactory by the designated officialnominated

representative of the govt the contractor shall be intimated in writing of the corrections

repairing to be carried out The contractor shall be required to correct all defects that

remain evident at any time prior to final acceptance of the contractors works by the

GMTD MEHSANA The cost of all such repairs and corrections shall be borne by the

contractor Failure or neglect on the part of the GMTD MEHSANA or his representative

to confirm or reject inferior work notwithstanding final acceptance of the work or any part

thereof by the company THE GMTD MEHSANA Designated official or his

representative shall not be construed to imply the acceptance of such work The provision

of this clause shall not in any way affect or limit the contractors liability under the

undertaking and guarantee contained in the contract documents

57 DISPUTES AND ARBITRATION

All dispute arising between the contractor and GMTD MEHSANA out of this contract

shall be referred to the sole arbitration in the following manners -

a) In case parties are unable to reach a settlement by themselves the dispute should be

submitted for arbitration in accordance with contract agreement

b) There should not be a joint submission with the contractor to the sole arbitrator

c) Each party should submit its own claimed severely and may oppose the claim put

forward by the other party

d) The onus of establishing his claims will be left to the contractor

e) His claim will be firmly resisted by utilizing all the evidence available with the

company

27 Signature of the Contractor

f) Once a claim has been included in the submission by the contractor a retraction or

modification thereof will be opposed

g) The Point of Defense will be based on actual condition of the contract

h) The question whether these conditions are equitable shall not receive any consideration

in the preparation of Points of Defense

i) The arbitrator shall not entertain claims in the nature of ex-gratia payments as these

are not contractual

j) If the contractor including such claims in his submission the fact that they are not

contractual will be prominently placed before the arbitrator

k) In case the amount involved is heavy the sole arbitrator may be within his rights to

conduct the defense by the government pleader

The award of the sole arbitrator shall be final and binding on the parties to the dispute It

is further agreed that reference to the sole arbitration of officer appointed as arbitrator is

conditions precedent and none will be entitled to move the court without referring the

matter to sole arbitrator

58 Contractor should produce latest Income Tax CertificateSales Tax registration

certificate

59GMTD Mehsana reserves the rights to terminate RRC for breach of

conditionconditions of the agreement after giving a show cause notice of 14 days and after

examining reply if any filed by him pursuance to show cause notice

60 GMTD Mehsana reserves the rights to engaged one or more contractors for this work

61 Rates to be quoted in ANNEXURE ndash III Financial Bid in separate sealed cover and

declaration to be given in ANNEXURE-II-A amp ANNEXURE ndash II B duly signed by all

partnersdirectors of the companyfirm

28 Signature of the Contractor

SECTION ndash V

SPCECIAL CONDITIONS

Work Orders shall be issued by concerned SDE approved by DE

1 Scope of the work Repairing of faulty electronic CLIP push button telephone

instruments buttons key including plan instrument It shall cover all instruments

including those having PCB Display of CLI and burnt out due to their connections

to powers inadvertently but excluding PBT with bakelite portion broken

discolored

2 Collection of faulty instruments

A For lifting of faulty instruments the minimum lot size will be of 20 units

the SDEexchange in charge will intimate the quantity of faulty instruments

accumulated with him over telephone or by FAX to the contractor

B The contractor shall ensure the collection of the faulty instruments within

three working days of the date at giving work order or intimation over telephone or

by FAX on working days between 10 AM to 17 PM at his cost

C The contractor shall acknowledge the receipt of the faulty instruments made

over to him

3 Duration of repair

A The contractor shall repair the faulty instruments at his own work-shop and

return the same to SDEexchange in-charge concerned at his own cost within one

week of its collection (for calculating one week the day of collection and day of

handing over will be inclusive)

B After carrying out repairs of the faulty instruments the contractor shall

offer the instruments to SDEExchange in-charge or JTO nominated by him for

inspection and testing one day before the expiry of schedule delivery date The

decision of the inspecting officer as to accept the repaired instruments will be final

and binding on contractor

C The contractor shall pack each repaired instrument suitably in a

polythene bag after polishingbuffing while returning them to SDE

D The contractor shall paste stiker with date of repairing on back side of

each repaired instrument while returning them to SDE

E The repaired instruments shall be returned back to the same SDEExchange

in-charge unless specified otherwise from where these instruments were collected

for repairs

4 Warranty repair

The contractor will undertake quality repair which will ensure the normal

troubledefect free performance of the instruments for a period of 12 months from

the date of inspection and clearance In case the repaired instruments develops

any defect or any deficiency or fault ie it becomes faulty during the warranty

29 Signature of the Contractor

period the contractor shall rectify repair and remedy such defects deficiency in the

repaired instruments at his own cost and expenses

5 A Method of evaluation

Tenders will be evaluated with reference to the total cost worked out by

multiplying rates quoted by Tenderer with approximate number of EPBT amp

CLIP Instruments as shown in the price bid

B Reports

1 The contractor shall furnish a summary of fault found and namedetails of

the components replaced in the instruments repaired while offering them for

inspection

2 The contractor shall also furnish a quarterly analysis of faulty and repaired

batch wise as per Annexure-I

6 Quality of components

The contractor shall use good quality components for repairs of the instruments

The replaced parts should be purchased by the contractor from DOT approved

source s

7 Liquidated damage

1 Delay in collection Rs 5- per instruments per week or part thereof for

entire lot of unserviceable instruments collected delayed subject to a

maximum of Rs 20- per instruments In case timely collection is not don as

per Para 2(B) above

2 Delay in delivery Rs2 per instrument per week or part thereof on the

entire lot of instruments delivered delayed in case delivery not made timely

as per Para 3 above

8 Quantum of EMD and PSD

EMD as per NIT - to be paid either in cash or in form of DDBankerrsquos

ChequePay Order from NationalizedScheduled Bank in favour of Accounts

Officer (Cash) BSNL Oo GMTD ndash Mehsana payable at Mehsana

Performance Security Deposit 10 of estimated cost of tender payable either in cash or DD or in form of Bank guarantee

from Nationalized BankScheduled Bank for a period of 24 months which will be released or refunded after successful

completion of contract and no due pending against contractor 9 Extension of validity of RRC period Period of RRC will normally

be one year However GMTD Mehsana reserves the right to extend it for a further period of six months or one year or part

there of under the same rates and terms and conditions

Estimated cost for the second year or part there of shall be considered same as approved for first year or part

there of on pro-rata basis

30 Signature of the Contractor

10 Eligibility The bidder should have

Experience of repairing of CLIP or EPBT Instruments in DOTBSNLGovt

PSU Private SectorFirm for one year during last five years as per NIT

11 Documents to be submitted with Technical Bid (Qualifying Bid) to establish

their eligibility for bidding

111 Experience certificate (self attested copy) issued by not below the rank of DEAGM in

DOTBSNLGovtPSUPrivate SectorFirm as required under clause 10 above

112 Self attested Copy of registration of firm (not required for proprietorship)

113 For EPF particulars submit the EPF registration certificate if applicable

(If not applicable submit the clarification as to how not applicable and submit

undertaking on Non judicial stamp paper of Rs 50- regarding submission of it within

one month after the agreement with BSNL Mehsana) If the firms which are under

partnership deed Company Pvt Ltd shall have to submit EPF registration certificate

If not obtain they shall have to obtain the earliest and latest by the time of agreement

They shall have to submit necessary undertaking certificate for this in ANNEXURE-

VI

114 Self attested Copy of Registration particulars with Central Excise for Service Tax If

undertaking is given he shall have to submit within one month before agreement failing

which there will be no agreement (If Service tax is not applicable he shall have to

submit reasons as to how it is not applicable)

115 Partnership deed amp power of attorney who has signed the bid (self attested copy) if

applicable

116 Bio-data of Tenderer in ANNAXURE--IV

117 Declaration to be given in ANNEXURE-II A amp II B

12 Rates to be quoted in ANNEXURE-III In Financial Bid to be submitted separately

in sealed cover

13 GMTD Mehsana reserves the rights to terminate RRC for breach of condition

conditions of the agreement after giving a show cause notice of 14 days and after

examination reply if any filled by him pursuance to show cause notice

14 EPF contribution in respect of LabourEmployees employed by the contractor for

execution of works of BSNL if applicable The contractor will have to

fulfillcompliance of the provisions of EPF amp Misc provisions Act1952 amp Employees

provident fund scheme-1952 by the contractor in respect of LaboursEmployees

engaged by them for performing the work of BSNL while submitting the claim of bills

towards works executed by him if applicable he must accompany the

i List showing the details of LaboursEmployees engaged

ii Duration of their engagement

iii The amount of wages paid to such LaboursEmployees for the duration in question

iv Amount of EPF contribution (both employees amp employers contribution) for the

duration of engagement in question paid to the EPF authorities

31 Signature of the Contractor

v Copies of authenticated documents of payments of such contributions to

EPF authorities and a declaration for compliance of EPF Act 1952

15 The BSNL reserves the right to disqualify such bidders who have a record of not

meeting contractual obligation against earlier contracts entered into with the

BSNL MEHSANA

16 Multiple Vendor System -The BSNL Mehsana intends to limit the number

of technically amp commercially responsive bidders to (Maximum three) from

the list of such bidders arranged in increasing order of their evaluated rate

starting from the lowest for the purpose of award of work against this

tender The distribution of quantum of work among the bidders is as per

clause of Section ndash of tender document

ldquoHowever SSA Head Mehsana reserve the right for the award of contract amp

work of entire tendered quantity to the bidder with the lowest evaluated

ratesrdquo

17 NOTE-

Tender documents containing detailed description of work terms amp conditions can be

had from Asstt General Manager (MM) Oo GMTD Mehsana 2nd Floor Admn

Building Sanchar Bhawan Pilaji Ganj Mehsana-384001 between 10=00 hours to

17=00 hours from 26102016 to 17112016 on all working days

Asstt General Manager (MM) Oo GMTD Mehsana ndash 384001

32 Signature of the Contractor

SECTION ndashVI

1 Specification and Tentative Quantum of work for repairing of EPBT amp

CLIP (approximate)

Sr

No

Name of SDE Unit

[Concern Supervising

Authority]

Quantum of Works for Tender for repairing

of EPBT amp CLIP Instruments [In No]

CLIP Inst EPBT

Inst

Buttons

Key

Plan Inst

1 SDE P MEHSANA 750 900 3 5

2 SDE G MEHSANA 225 250 5 0

3 SDE G CHANASAMA 100 0 5 0

4 SDE G CHHATRAL 350 200 0 0

5 SDEP KADI 50 0 0 0

6 SDEG KADI 50 0 0 0

7 SDEP KALOL 750 450 7 0

8 SDEG KALOL 150 50 0 0

9 SDEP VIJAPUR 60 85 2 0

10 SDEG VIJAPUR 75 95 2 0

11 SDEG MNSGZR 50 80 3 0

12 SDEG KUKARWADA 50 75 2 0

13 SDEP VISNAGAR 350 200 5 0

14 SDEG VISNAGAR 150 75 4 0

15 SDEG VADNAGAR 100 25 4 0

16 SDEG SATLASANA 75 40 3 0

17 SDEG KHERALU 100 50 3 0

18 SDEP UNJHA 500 400 3 0

19 SDEG UNJHA 100 113 2 0

20 SDEP SIDHPUR 450 300 3 0

21 SDEG SIDHPUR 200 200 5 0

22 SDEP PATAN 350 150 5 0

23 SDEG PATAN 100 50 5 0

24 SDEG HRJSAMI 100 50 4 0

Total 5235 3838 75 5

33 Signature of the Contractor

SECTION ndashVII

STANDARD SCHEDULE OF RATE (SOR) FOR REPARING OF EPBT

AND CLIP INSTRUMENT IN MEHSANA TELECOM DISTRICT (MEHSANA SSA)

To

GMTD Mehsana

Sub - Our Financial Bid for repairing of EPBT amp CLIP Instruments in Mehsana SSA

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Sir

Having examined the tender documents terms amp conditions specification of work

stipulated there in IWe the undersigned offer our rates in percentage as under

Brief description of items for

Repairing under ARC

Approx Quantity to be

repaired under ARC

SOR Per Instrument

(a) (b) (c)

(1) Repairing of CLIP Telephones

instruments

5235 No Rs 55-

(2) Repairing of Electronics Push

Button Telephones (EPBT)

3838 No Rs 23-

(3) Repairing of Buttons Key

75 No Rs 26-

(3) Repairing of Plan Instruments

5 No Rs 39-

Note- The Quantity of Clip instrument ( 5500) may be consider which AMC will be expired as per given below -

(1) AMC of 1400 PTPL instrument may be expired on 23092016

(2) AMC of 3100 PTPL instrument may be expired on 21012017

(3) AMC of 1000 PTPL instrument may be expired on 25032017

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

34 Signature of the Contractor

ANNEXURE-I

Fault analysis report of instruments of quarter ending

No of faulty

instruments

with

contractor at

the

beginning of

the period

No of faulty instruments

received by contractor

during the quarter

No of faulty instruments

repaired and returned to

Depot officer

CF No of

faulty

instruments

with

contractor

In warranty Out of

warranty

In warranty Out of

warranty

1

2

Nature of Fault

Type No Of instruments

No

dial

tone

Dial

faulty

No

ring

Poor

speechdisturbance

Dead Display

Fault

No fault

foundMisc

In

warrant

Out of

warranty

Repairing carried out

Type Faults in

TransmitterReceiver Ringer Contract

foil

PCB

Fault

Disply No fault

foundMisc

In

warrant

Out of

warranty

35 Signature of the Contractor

ANNEXURE ndashII

DECLARATION

(TO BE SUBMITTED WITH TECHNICAL BID)

IWe hereby declare that IWe have carefully gone through the Terms amp Conditions of

Tender Notice Invited vide No MMTenderMehsana2016-1706 Dated 26102016 in

detail and agree to the rate submitted by MeUs in the rate sheet and IWe agree in full to

abide by them

1) Signature of the Party ___________________________________

Full Name ___________________________________

(In block letter) ___________________________________

2) Full address ___________________________________

___________________________________

___________________________________

___________________________________

Tele No (O)________________________________

(R)________________________________

3) Capacity in which the __________________________________

Tender is signed

Rubber stamp is required) __________________________________

__________________________________

Date Signature of the Tenderer with seal

36 Signature of the Contractor

ANNEXURE ndash IV

DECLARATION REGARDING EPF TO BE GIVEN ON NON-JUDICIAL STAMPS

PAPER OF RS 100-

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

I helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipProprietor of

Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip do here by declare

that I am the proprietor of my above firm I am carrying out the repairing of

EPBT amp CLIP my self I do not engage labour So EPF is not applicable to

me

However the decision of the competent authority shall be binding to me in

this regard

Name of the Bidder

Signature of the Bidder with Seal

37 Signature of the Contractor

ANNEXURE ndash V

Undertaking to be given for compliance of EPF Registration certificate

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

We the partners Directors of the firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Do here by undertake that if our tender is accepted we will submit the EPF Registration

certification at the earliest latest by one month after the agreement carried out with the

BSNL Mehsana for execution of works for repairing of EPBT amp CLIP Instruments in

Mehsana SSA failing which the decision of the competent authority will be binding on us

To be signed by all Partners directors

38 Signature of the Contractor

ANNEXURE ndash VI

LETTEROF AUTHORISATION FOR ATTENDING BID OPENING

Tender Number MMTenderMehsana2016-1706 Dated 26102016

Subject Authorisation for attending bid opening on___________________(date) the

tender of following persons are hereby authorised to attend the bid opening

for the tender mentioned above on behalf of ______________________

(Bidder) in order of preference given below

Order of Preference Name

Specimen Signatures

I

II

Alternate

Representative

Signatures of

bidder

Or

Officer authorised to sign the bid

Documents on behalf of the bidder

No 1 Maximum of two representatives will be permitted to attend bid opening In

case where it is restricted to one first preference will be allowed Alternate

representative will be permitted when regular representatives are not to able

attending

2 Permission for entry to the hall where bids are opened may be refused in case

authorisation as prescribed above is not recovered

39 Signature of the Contractor

ANNEXURE ndash VII

INTEGRITY PACT

Between

Bharat Sanchar Nigam Limited (BSNL) GMTD-Mehsana hereinafter referred to as ldquoThe

Principalrdquo

And

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphereinafter referred to as ldquoThe BidderContractorrdquo

Preamble

The Principal intends to award under laid down organizational procedures contracts for --

----------------------------------------- The Principal values full compliance with all relevant

laws and regulations and the principles of economic use of resources and of fairness and

transparency in its relations with its Bidders and Contractors

In order to achieve these goals the Principal will appoint an Independent External Monitor

who will monitor the tender process and the execution of the contract for compliance with

the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to

observe the following principles -

(a) No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for

or accept for himherself or third person any material or immaterial benefit which heshe

is not legally entitled to

(b) The Principal will during the tender process treat all Bidder(s) with equity and reason

The Principal will in particular before and during the tender process provide to all

Bidder(s) the same information and will not provide to any Bidder(s)

confidentialadditional information through which the Bidder(s) could obtain an advantage

in relation to the tender process or the contract execution

(c) The Principal will exclude from the process all known prejudiced persons

(2) If the Principal obtains information on the conduct of any of its employees which is a

criminal offence under the relevant Anti-Corruption Laws of India or if there be a

substantive suspicion in this regard the Principal will inform its Vigilance Office and in

addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder(s)Contractor(s)

(1) The Bidder(s)Contractor(s) commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation

in the tender process and during the contract execution

(a) The Bidder(s)Contractor(s) will not directly or through any other person or firm offer

promise or give to any of the Principalrsquos employees involved in the tender process or the

40 Signature of the Contractor

execution of the contract or to any third person any material or immaterial benefit which

heshe is not legally entitled to in order to obtain in exchange any advantage of any kind

whatsoever during the tender process or during the execution of the contract

(b) The Bidder(s)Contractor(s) will not enter with other Bidder(s) 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

(c) The Bidder(s)Contractor(s) will not commit any offence under the relevant Anti-

corruption Laws of India further the Bidder(s)Contractor(s) will not use improperly for

purposes of competition or personal gain or pass on to others any information or

document provided by the Principal as part of the business relationship regarding plans

technical proposals and business details including information contained or transmitted

electronically

(d) The Bidder(s)Contractor(s) will when presenting his bid disclose any and all

payments he has made is committed to or intends to make to agents brokers or any other

intermediaries in connection with the award of the contract

(2) The Bidder(s)Contractor(s) will not instigate third persons to commit offences outlined

above or be an accessory to such offences

Section 3 ndash Disqualification from tender process and exclusion from future contracts

If the Bidder(s)Contractor(s) before contract award or during execution has committed a

transgression through a violation of Section 2 above or in any other form such as to put his

reliability or credibility in question the Principal is entitled to disqualify the

Bidder(s)Contractor(s) from the tender process or take action as per the defined procedure

Section 4 ndash Compensation for Damages

(i) If the Principal has disqualified the Bidder(s) from the tender process prior to the award

according to Section 3 the Principal is entitled to demand and recover the damages

equivalent to Earnest Money Deposit Bid Security

(ii) If the Principal has terminated the contract according to Section 3 or if the Principal is

entitled to terminate the contract according to section 3 the Principal shall be entitled to

demand and recover from the Contractor the amount equivalent to Security Deposit

Performance Bank Guarantee in addition to any other penalties recoveries as per terms

and conditions of the tender

Section 5 ndash Previous transgression

(i) The Bidder declares that no previous transgression occurred in the last 3 years with any

other Company in any country conforming to the Anti-corruption approach or with any

other Public Sector Enterprise in India that could justify his exclusion from the tender

process

(ii) If the Bidder makes incorrect statement on this subject he can be disqualified from the

tender process or action can be taken as per the defined procedure

Section 6 ndash Equal treatment of all BiddersContractorsSubcontractors

41 Signature of the Contractor

(i) The principal will enter into agreements with identical conditions as this one with all

BiddersContractors

(ii) The Bidder(s)Contractor(s) undertake(s) to demand from all subcontractors a

commitment in conformity with this Integrity Pact

(iii) The Principal will disqualify from the tender process all bidders who do not sign this

Pact or violate its provisions

Section 7 ndash Criminal charges against violating

Bidder(s)Contractor(s)Subcontractor(s)

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or

of an employee or a representative or an associate of a Bidder Contractor or

Subcontractor which constitutes corruption or if the Principal has substantive suspicion in

this regard the Principal will inform the Corporate Vigilance Office

Section 8 ndash External Independent MonitorMonitors

1 Principal appoints competent and credible Independent External Monitor for this Pact

The task of the Monitor is to review independently and objectively whether and to what

extent the parties comply with the obligations under this agreement

2 The Monitor is not subject to instructions by the representatives of the parties and

performs his functions neutrally and independently He reports to the CMD of the BSNL

3 The Bidder(s)Contractor(s) accepts that the Monitor has the right to access without

restriction to all Project documentation of the Principal including that provided by the

Contractor The Contractor will also grant the Monitor upon his request and demonstration

of a valid interest unrestricted and unconditional access to his project documentation The

same is applicable to Subcontractors The Monitor is under contractual obligation to treat

the information and documents of the Bidder(s)Contractor(s)Subcontractor(s) with

confidentiality

Notwithstanding anything contained in this Section the Bidder(s)Contractor(s) shall have

no obligation whatsoever to provide any internal costing mechanisms or any internal

financial or commercial data pursuant to any audit or review conducted by or on behalf of

the Principal Further the Bidder(s)Contractor(s) shall not be required to provide any data

relating to its other customers or any personnel or employee related date

4 The Principal will provide to the Monitor 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 Principal and the Contractor The parties offer to the

Monitor the option to participate in such meetings

5 As soon as the Monitor notices or believes to notice a violation of this agreement he

will so inform the Management of the Principal and request the Management to

discontinue or take corrective action or to take other relevant action The monitor can in

this regard submit non-binding recommendations Beyond this the Monitor has no right to

demand from the parties that they act in a specific manner refrain from action or tolerate

action

42 Signature of the Contractor

6 The Monitor will submit a written report to the Chairperson of the Board of the Principal

within 8 to 10 weeks from the date of reference or intimation to him by the lsquoPrincipalrsquo and

should the occasion arise submit proposals for correcting problematic situations

7 If the Monitor has reported to the CMD of the BSNL a substantiated suspicion of an

offence under relevant Anti-Corruption Laws of India and the BSNL has not within

reasonable time taken visible action to proceed against such offence or reported it to the

Corporate Vigilance Office the Monitor may also transmit this information directly to the

Central Vigilance Commissioner Government of India

8 The word lsquoMonitorrsquo would include both singular and plural

Section 9 ndash Pact Duration

This Pact begins when both parties have legally signed it It expires for the Contractor 12

months after the last payment under the contract and for all other Bidders 6 months after

the contract has been awarded

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 dischargeddetermined by

CMD BSNL

Section 10 ndash Other provisions

1 This agreement is subject to Indian Law Place of performance and jurisdiction is the

Registered Office of the Principal ie New Delhi The arbitration clause provided in the

tender document contract shall not be applicable for any issue dispute arising under

Integrity Pact

2 Changes and supplements as well as termination notice need to be made in writing

3 If the Contractor is a partnership or a consortium this agreement must be signed by all

partners or consortium members

4 Should one or several provisions of this agreement turn out to be invalid the remainder

of this agreement remains valid In this case the parties will strive to come to an agreement

to their original intensions

------------------------------------ ----------------------------------

For the Principal For the BidderContractor

Placehelliphelliphelliphelliphelliphelliphelliphellip Witness 1 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphellip Witness 2 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

43 Signature of the Contractor

Anexx-VIII

AGREEMENT

This agreement made on thishelliphelliphellip day of helliphelliphellip Yearhelliphelliphelliphellip Between hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphellipHerein after called ldquo The contractorrdquo (which expression shall unless excluded by or

repugnant to the context include its successors heir executors administrative representative and

assignee) of the one part amp the BSNL (GMTD Mehsana) herein after referred to as the BSNL of

other part Tender No MMTenderMehsana2016-1706 Dated 26102016

Where as the contractor has offered to enter with the said BSNL for the contract for repairing of

EPBT amp CLIP Plan instruments amp Buttons Key in Mehsana SSA Mehsana Telecom District on

the terms and conditions herein contained and the rates approved by the BSNL (copy of rates

annexed) have been dully accepted and whereas the necessary security deposit have been furnished

in accordance with the provision of the tender documents and whereas no interest will be claimed

on the security deposit Now these presents witness and it is hereby agreed and declared by and

between the partiesrsquo presents as follows

(1) The contractor shall during the period of this contract that is to say fromhelliphelliphelliphelliphellipTo

helliphelliphelliphellip or completion of work whichever is earlier or until this contract shall be

determined by such notice as is herein after mentioned safely carried out by means of

Labours employed at his own expense and by means of tools implements of equipments

etc to be supplied by him to his Labours at his own expense all work of repairing of

EPBT amp CLIP instruments as described in tender documents (annexed to the agreement)

when the BSNL or any other person authorized by GMTD Mehsana in that behalf require it

is under stood by the contractor that the quantity of work mentioned in the schedule is

likely to change as per actual requirement as demanded by exigencies of service

(2) The Notice Inviting Tender Bid documents (qualifying and financial) letter of intent

approved rates annexed here to and such other additional particulars instructions

drawings work orders as may be found requisite to be given during execution of work

shall be deemed and taken to be an integral part of the contract and shall be deemed to be

included in the expression ldquoThe agreement) or ldquoThe Contractrdquo wherever herein used

(3) The contractor also supplies the requisite number of workmen with means and materials as

well as tools appliances vehicles for transportation cartage etc required for the proper

execution of work within the prescribed in the work orders

(4) The contractor hereby declares that no body connected with or in the employment of the

BSNL is notshall not ever be admitted as partner in the contract

(5) The contractor shall abide by the terms and conditions rules guide lines constructions

particulars safety precautions etc stipulated in the tender documents including any

correspondence between the contractor and the BSNL having bearing on execution of work

and payments of work to be done under the contract

In witness whereof the partiesrsquo presents have here in to set their representative hands and

seals the day and year in

Signed sealed amp Delivered by

The above named contractor in the presence of

Above written

Witness

(1)

(2) Signed and delivered on behalf of BSNL

Witness

(1)

(2)

44 Signature of the Contractor

ANNEXURE-IX - UNDERTAKING

This deed of undertaking executed on this helliphelliphellip day ofhelliphelliphelliptwo thousand andhelliphellip

by (name of sole proprietorpartnerdirectorauthorized representative the firm

company trust society etc)helliphelliphelliphelliphelliphelliphelliphelliphelliphellipSO helliphelliphelliphelliphelliphelliphelliphellip

residing athelliphelliphelliphelliphelliphelliphelliphelliphelliphellipOn behalf of said helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of the firm company Trust Society etc) having its office athelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

and dully authorized to sign file and verify present undertaking by the said hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of Firm company Society etc) in favour of Bharat Sanchar Nigam Ltd a

Government Of India undertaking having its registered office at Statesman

HouseB-148 Barkhamba Road New Delhi and local office at Administrative

Building Sanchar Bhawan BSNL Pilaji Ganj Mehsana-1 here in after called

BSNL (which terms shall mean and include its successors administrators heirs and

assigns Where as MS BSNL invited bids for repairing of EPBT amp CLIP instruments in Mehsana SSA

IWe participated in the bidding process and emerged as successful bidder with respect to tender No

MMTenderMehsana2016-1706 Dated 26102016

IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Acknowledge that IWe have fully under

stood and aware of the terms amp conditions of the Tendercontract and do hereby unequivocally and

unconditionally undertake and declare that

(1) IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip shall comply with all

the rulesRegulationsLawsGovernment instructionsstatus etc that are

applicable will be made applicable and or are aimed to protect the interest of

the workersemployees engaged by meus in the past and during the course of

performance of the contract with BSNL

(2) IWe shall fully protect indemnity and hold harmless BSNL and its employees

officers Directors agents judgments damages fines penalties and costs

(including legal costs and disbursements) arising from or relating to

Any breach violation of any direction order from any governmental

authority any provisions of the labour laws or any other laws status or

regulations that are or will be aimed to protect the interest of the

workersLabours engaged by the contractors in past and during the

course of this contract

OR

Any other payments claims or liability that may arise for ensuring

compliance of the provisions of any of the labour laws or any other laws

etc OR

Any other claim made by any third party in connection with any violation

of any laws guide lines instructions etc

In witness whereof this undertaking has caused on thehelliphelliphelliphelliphelliphellip

DayhelliphelliphelliphelliphellipMonth ofhelliphelliphellip Year

Date

Place

Signature

Name

Designation

Witness 1 2helliphelliphellip

45 Signature of the Contractor

ANNEXURE-X

E-Tendering Instructions to Bidders

These Special Instructions (for e-Tendering) supplement lsquoGeneral instructions to Biddersrsquo as enclosed in Section IV of this E-Tender Document Wherever there is a conflict the provisions herein shall prevail over those in other pages of this document

Submission of Bids only through online process is mandatory for this Tender

For conducting electronic tendering BSNL Mehsana is using the portal

(httpeprocurementsynisecombsnl1gujarat) of Ms Synise Technologies ltd Pune A - Submission of tender

1 The bidding process will be accepted only through e-tendering platform 2 Availability of e-tendering document e-tender document can be obtained by

downloading it from the website httpeprocurementsynisecombsnl1gujarat the

physical copy of the Tender document would not be available for sale

3 The Tender document shall not be available for download on its submissionclosing date B - General 1 Tender Bidding Methodology

Sealed Bid System ndashldquoSingle Stage using two envelopsrdquo

In this case of two envelope system Financial amp Techno-commercial bids shall be

submitted by the bidder at the same time

2 Broad outline of activities from Bidders prospective

1 Procure a Digital Signing Certificate (DSC)

2 Register on Electronic Tendering System (RETS)

3 Create Users and assign roles on ETS

4 View Notice Inviting Tender (NIT) on ETS

5 Download Official Copy of Tender Documents from ETS

6 Clarification to Tender Documents on ET Query to BSNL (Optional)

View response to queries posted by BSNL as addenda

7 Bid-Submission on ETS

8 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Techno-commercial Part

9 View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond to BSNLrsquos Post-TOE queries

10 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Financial-Part (Only for Technical Responsive Bidders)

For participating in this tender online the following instructions need to be read

carefully These instructions are supplemented with more detailed guidelines on

the relevant screens of the ETS

3 Digital Certificates

For integrity of data and its authenticity non-repudiation of electronic records and be compliant with IT Act 2000 it is necessary for each user to have a Digital Certificate (DC) also referred to as Digital Signature Certificate (DSC) of Class 2 or above issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer httpwwwccagovin]

4 Registration

To use the Electronic Tenderreg portal ( httpeprocurementsynisecombsnl1gujarat) vendor needs to register on the

46 Signature of the Contractor

portal Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e-tendering activities In ETS terminology this person will be referred to as the Super User (SU) of that organization For f u r ther details

p lease v is i t the websiteportal and follow further instructions as given on the site You may also contact tender wizard Helpdesk (as given below) to get your registration acceptedactivated Tender wizard Helpdesk

Telephone 020-30277517 020-30277522020-30277516

[between 1000 hrs to 1800 hrs on working days]

Mobile Nos Mr Hiren Pandar 7774013247 7774013248

E-mail ID helpdesksynisecom [Please mark CC

hirenpsynisecom]

BSNL Contact-1

BSNLrsquos Contact Person AGM MM Mehsana

Telephone Mobile (02762-220855222900)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID agmmmmehbsnlin

BSNL Contact-2

BSNLrsquos Contact Person SDE MM-Mehsana

Telephone Mobile (02762-221855)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID mehsdemm2bsnlin 5 Bid related Information for this Tender (Sealed Bid)

The entire bid-submission would be

online on ETS Broad outline of

submissions are as follows

Submission of digitally signed copy of Tender DocumentsAddendumaddenda

Two Envelopes

Techno-commercial -Part

Financial-Part

Note -

i) If some document is not applicable for the bidder then he has to upload

scanned copy of paper mentioning ldquoThe document ltNamegt called vide

clause helliphelliphelliphelliphelliphelliphellip is not applicable on usrdquo

ii) If document asked for contains more than one page then all those pages may be uploaded in one PDF format file

iii) Please take care to scan documents such that the total size of

documents to be uploaded remains minimum However it shall be sole

responsibility of bidder that the uploaded documents remain eligible

6 Offline Submissions

The bidder is requested to submit the following documents offline to AGM (MM) 2nd Floor Sanchar Bhawan Pilaji Ganj Mehsana-384001 on or before the date amp

time of submission of bids specified in covering letter of this tender

47 Signature of the Contractor

document in a Sealed Envelope The envelope shall bear (name of the tender) the tender number and the words lsquoDO NOT OPEN BEFORErsquo (due date amp time)

1 EMD-Bid Security in Original

2 DD Bankers cheque against payment of tender fee

3 Power of attorney (if applicable) Note The bidder has to upload the Scanned copy of all above said documents during

online Bid submission also

7 Special Note on Security of Bids

Security related functionality has been rigorously implemented in ETS in a multi-dimensional manner Starting with Acceptance of Registration by the Service Provider provision for security has been made at various stages in Electronic Tenderrsquos software Security related aspects as regard Bid Submission are outlined below

As part of the Electronic Encryptertrade functionality the contents of both the lsquoElectronic Formsrsquo and the lsquoMain-Bidrsquo are securely encrypted using a Pass-Phrase created by the Bidder himself Unlike a lsquopasswordrsquo a Pass-Phrase can be a multi-word sentence with spaces between words (eg I love this World) A Pass-Phrase is easier to remember and more difficult to break It is recommended that a separate Pass-Phrase be created for each Bid-Part This method of bid- encryption does not have the security and data-integrity related vulnerabilities which are inherent in E-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid- encryption Bid-encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE) even if there is connivance between the concerned tender- opening officers of the Buyer organization and the personnel of e-tendering service provider

Typically lsquoPass-Phrasersquo of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself when demanded by the concerned Tender Opening Officers who will open the bid Else Tender Opening Officer may authorize the bidder to open his bid himself There is an additional protection with SSL Encryption during transit from the client-end computer of a Supplier organization to the e-tendering server portal

8 Public Online Tender Opening Event (TOE)

ETS offers a unique facility for lsquoPublic Online Tender Opening Event (TOE)rsquo Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices For this purpose representatives of bidders (ie Supplier organization) dully authorized are requested to carry a Laptop and Wireless Connectivity to Internet Every legal requirement for a transparent and secure lsquoPublic Online Tender Opening Event (TOE)rsquo has been implemented on ETS As soon as a Bid is decrypted with the corresponding lsquoPass-Phrasersquo as submitted online by the bidder himself (during the TOE itself) salient points of the Bids are simultaneously made available for downloading by all participating bidders The work of taking notes during a manual lsquoTender Opening Eventrsquo is therefore replaced with this superior and convenient form of lsquoPublic Online Tender Opening Event (TOE)rsquo ETS has a unique facility of lsquoOnline Comparison Chartrsquo which is dynamically updated as each online bid is opened The format of the chart is based on inputs provided by the Buyer for each Tender The information in the Comparison Chart is based on the data submitted by the Bidders in electronic forms A detailed Technical and or Financial Comparison Chart enhances Transparency Detailed instructions are given on relevant screens

48 Signature of the Contractor

ETS has a unique facility of a detailed report titled lsquoMinutes of Online Tender Opening Event (TOE)rsquo covering all important activities of lsquoOnline Tender Opening Event (TOE)rsquo This is available to all participating bidders for lsquoViewing Downloadingrsquo

There are many more facilities and features on ETS For a particular tender the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer

NOTE In case of internet related problem at a bidderrsquos end especially during lsquocritical

eventsrsquo such as ndash a short period before bid-submission deadline during online

public tender opening event etc it is the bidderrsquos responsibility to have backup

internet connections In case there is a problem at the e- procurement

service-providerrsquos end (in the server leased line etc) due to which all the

bidders face a problem during critical events and this is brought to the notice

of BSNL by the bidders in time then BSNL will promptly re-schedule the

affected event(s)

9 Other Instructions

For further instructions the vendor should visit the home-page of the portal

( httpeprocurementsynisecombsnl1gujarat) and go to the User-Guidance Center The help information provided through lsquoETS User-Guidance Centerrsquo is available in three categories ndash

Users intending to Register First-Time Users Logged-in users of Buyer organizations and Logged-in users of Supplier organizations Various links are provided under each of the three categories Note It is strongly recommended that all authorized users of Supplier

organizations should thoroughly peruse the information provided under the

relevant links and take appropriate action This will prevent hiccups and minimize

teething problems during the use of ETS

The following lsquoFOUR KEY INSTRUCTIONS for BIDDERSrsquo must be assiduously adhered to

1 Obtain individual Digital Signing Certificate (DSC or DC) well in advance of

your first tender submission deadline on ETS

2 Register your organization on ETS well in advance of your first tender submission deadline on ETS

3 Get your organizationrsquos concerned executives trained on ETS well in advance of your first tender submission deadline on ETS

4 Submit your bids well in advance of tender submission deadline on ETS as

there could be last minute problems due to internet timeout breakdown etc

While the first three instructions mentioned above are especially relevant to first-time users of ETS the fourth instruction is relevant at all times

10 Minimum Requirements at Bidders end

Computer System with good configuration (Min P IV 1 GB RAM Windows XP)

Broadband connectivity

Microsoft Internet Explorer 60 or above

Digital Certificate(s) for users

49 Signature of the Contractor

ANNEXURE-III

RATE SHEET

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Rate should be quoted in below Rate Sheet

Sr

No

Rates Quoted By Bidder With Respect to SOR (Schedule Of Rate)

Particulars In Figure In Words

1 Above Of SOR

2 Below Of SOR

3 AT PAR

[At Same Rates of SOR]

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

Signature of the Bidder with Seal

Note

1 All faulty instruments are to be repaired except fully broken or fully burnt due to

electric hazards

2 The work may be offered to more than one contractor if required

Signature of the Tenderer with seal

Full Name _____________________

Full Address________________________

  • TABLE OF CONTENTS
    • CERTIFICATE REGARDING NEAR RLATIVES
      • LETTEROF AUTHORISATION FOR ATTENDING BID OPENING
      • Signed sealed amp Delivered by
      • Above written
        • ANNEXURE-IX - UNDERTAKING

26 Signature of the Contractor

Accounts Officer may be having drawing assignment account will make payments The

payments will be made either by the Accounts Officer or by any other official who at any

period of time may be convenient to the company

552 Any liquidated damages due shall also be recoverable from the bills submitted for the

payment by the aforesaid officer

553 The security deposit with the GMTD Shall be considered for adjustment against

liquidated damages only at the time of final conclusion of the contract and final settlement

of account

554 The GMTD MEHSANA will have e the right to recover liquidated damages for

delay or slow progress of the works from the bills submitted for payment

555 The final settlement of the bills and refund adjustmentappropriation of any amount

detained from the running bill of the contractor shall be made fully after the GMTD is

satisfied that all the contractual obligation have been fully met and no amount remain due

for recovery from the contractor on any count Unless there are specific reasons all

accounts are expected to be settled within a period of six months from the date of

completion of the works in all respects

56 FINAL ACCEPTANCE

If any of the work is found to be unsatisfactory by the designated officialnominated

representative of the govt the contractor shall be intimated in writing of the corrections

repairing to be carried out The contractor shall be required to correct all defects that

remain evident at any time prior to final acceptance of the contractors works by the

GMTD MEHSANA The cost of all such repairs and corrections shall be borne by the

contractor Failure or neglect on the part of the GMTD MEHSANA or his representative

to confirm or reject inferior work notwithstanding final acceptance of the work or any part

thereof by the company THE GMTD MEHSANA Designated official or his

representative shall not be construed to imply the acceptance of such work The provision

of this clause shall not in any way affect or limit the contractors liability under the

undertaking and guarantee contained in the contract documents

57 DISPUTES AND ARBITRATION

All dispute arising between the contractor and GMTD MEHSANA out of this contract

shall be referred to the sole arbitration in the following manners -

a) In case parties are unable to reach a settlement by themselves the dispute should be

submitted for arbitration in accordance with contract agreement

b) There should not be a joint submission with the contractor to the sole arbitrator

c) Each party should submit its own claimed severely and may oppose the claim put

forward by the other party

d) The onus of establishing his claims will be left to the contractor

e) His claim will be firmly resisted by utilizing all the evidence available with the

company

27 Signature of the Contractor

f) Once a claim has been included in the submission by the contractor a retraction or

modification thereof will be opposed

g) The Point of Defense will be based on actual condition of the contract

h) The question whether these conditions are equitable shall not receive any consideration

in the preparation of Points of Defense

i) The arbitrator shall not entertain claims in the nature of ex-gratia payments as these

are not contractual

j) If the contractor including such claims in his submission the fact that they are not

contractual will be prominently placed before the arbitrator

k) In case the amount involved is heavy the sole arbitrator may be within his rights to

conduct the defense by the government pleader

The award of the sole arbitrator shall be final and binding on the parties to the dispute It

is further agreed that reference to the sole arbitration of officer appointed as arbitrator is

conditions precedent and none will be entitled to move the court without referring the

matter to sole arbitrator

58 Contractor should produce latest Income Tax CertificateSales Tax registration

certificate

59GMTD Mehsana reserves the rights to terminate RRC for breach of

conditionconditions of the agreement after giving a show cause notice of 14 days and after

examining reply if any filed by him pursuance to show cause notice

60 GMTD Mehsana reserves the rights to engaged one or more contractors for this work

61 Rates to be quoted in ANNEXURE ndash III Financial Bid in separate sealed cover and

declaration to be given in ANNEXURE-II-A amp ANNEXURE ndash II B duly signed by all

partnersdirectors of the companyfirm

28 Signature of the Contractor

SECTION ndash V

SPCECIAL CONDITIONS

Work Orders shall be issued by concerned SDE approved by DE

1 Scope of the work Repairing of faulty electronic CLIP push button telephone

instruments buttons key including plan instrument It shall cover all instruments

including those having PCB Display of CLI and burnt out due to their connections

to powers inadvertently but excluding PBT with bakelite portion broken

discolored

2 Collection of faulty instruments

A For lifting of faulty instruments the minimum lot size will be of 20 units

the SDEexchange in charge will intimate the quantity of faulty instruments

accumulated with him over telephone or by FAX to the contractor

B The contractor shall ensure the collection of the faulty instruments within

three working days of the date at giving work order or intimation over telephone or

by FAX on working days between 10 AM to 17 PM at his cost

C The contractor shall acknowledge the receipt of the faulty instruments made

over to him

3 Duration of repair

A The contractor shall repair the faulty instruments at his own work-shop and

return the same to SDEexchange in-charge concerned at his own cost within one

week of its collection (for calculating one week the day of collection and day of

handing over will be inclusive)

B After carrying out repairs of the faulty instruments the contractor shall

offer the instruments to SDEExchange in-charge or JTO nominated by him for

inspection and testing one day before the expiry of schedule delivery date The

decision of the inspecting officer as to accept the repaired instruments will be final

and binding on contractor

C The contractor shall pack each repaired instrument suitably in a

polythene bag after polishingbuffing while returning them to SDE

D The contractor shall paste stiker with date of repairing on back side of

each repaired instrument while returning them to SDE

E The repaired instruments shall be returned back to the same SDEExchange

in-charge unless specified otherwise from where these instruments were collected

for repairs

4 Warranty repair

The contractor will undertake quality repair which will ensure the normal

troubledefect free performance of the instruments for a period of 12 months from

the date of inspection and clearance In case the repaired instruments develops

any defect or any deficiency or fault ie it becomes faulty during the warranty

29 Signature of the Contractor

period the contractor shall rectify repair and remedy such defects deficiency in the

repaired instruments at his own cost and expenses

5 A Method of evaluation

Tenders will be evaluated with reference to the total cost worked out by

multiplying rates quoted by Tenderer with approximate number of EPBT amp

CLIP Instruments as shown in the price bid

B Reports

1 The contractor shall furnish a summary of fault found and namedetails of

the components replaced in the instruments repaired while offering them for

inspection

2 The contractor shall also furnish a quarterly analysis of faulty and repaired

batch wise as per Annexure-I

6 Quality of components

The contractor shall use good quality components for repairs of the instruments

The replaced parts should be purchased by the contractor from DOT approved

source s

7 Liquidated damage

1 Delay in collection Rs 5- per instruments per week or part thereof for

entire lot of unserviceable instruments collected delayed subject to a

maximum of Rs 20- per instruments In case timely collection is not don as

per Para 2(B) above

2 Delay in delivery Rs2 per instrument per week or part thereof on the

entire lot of instruments delivered delayed in case delivery not made timely

as per Para 3 above

8 Quantum of EMD and PSD

EMD as per NIT - to be paid either in cash or in form of DDBankerrsquos

ChequePay Order from NationalizedScheduled Bank in favour of Accounts

Officer (Cash) BSNL Oo GMTD ndash Mehsana payable at Mehsana

Performance Security Deposit 10 of estimated cost of tender payable either in cash or DD or in form of Bank guarantee

from Nationalized BankScheduled Bank for a period of 24 months which will be released or refunded after successful

completion of contract and no due pending against contractor 9 Extension of validity of RRC period Period of RRC will normally

be one year However GMTD Mehsana reserves the right to extend it for a further period of six months or one year or part

there of under the same rates and terms and conditions

Estimated cost for the second year or part there of shall be considered same as approved for first year or part

there of on pro-rata basis

30 Signature of the Contractor

10 Eligibility The bidder should have

Experience of repairing of CLIP or EPBT Instruments in DOTBSNLGovt

PSU Private SectorFirm for one year during last five years as per NIT

11 Documents to be submitted with Technical Bid (Qualifying Bid) to establish

their eligibility for bidding

111 Experience certificate (self attested copy) issued by not below the rank of DEAGM in

DOTBSNLGovtPSUPrivate SectorFirm as required under clause 10 above

112 Self attested Copy of registration of firm (not required for proprietorship)

113 For EPF particulars submit the EPF registration certificate if applicable

(If not applicable submit the clarification as to how not applicable and submit

undertaking on Non judicial stamp paper of Rs 50- regarding submission of it within

one month after the agreement with BSNL Mehsana) If the firms which are under

partnership deed Company Pvt Ltd shall have to submit EPF registration certificate

If not obtain they shall have to obtain the earliest and latest by the time of agreement

They shall have to submit necessary undertaking certificate for this in ANNEXURE-

VI

114 Self attested Copy of Registration particulars with Central Excise for Service Tax If

undertaking is given he shall have to submit within one month before agreement failing

which there will be no agreement (If Service tax is not applicable he shall have to

submit reasons as to how it is not applicable)

115 Partnership deed amp power of attorney who has signed the bid (self attested copy) if

applicable

116 Bio-data of Tenderer in ANNAXURE--IV

117 Declaration to be given in ANNEXURE-II A amp II B

12 Rates to be quoted in ANNEXURE-III In Financial Bid to be submitted separately

in sealed cover

13 GMTD Mehsana reserves the rights to terminate RRC for breach of condition

conditions of the agreement after giving a show cause notice of 14 days and after

examination reply if any filled by him pursuance to show cause notice

14 EPF contribution in respect of LabourEmployees employed by the contractor for

execution of works of BSNL if applicable The contractor will have to

fulfillcompliance of the provisions of EPF amp Misc provisions Act1952 amp Employees

provident fund scheme-1952 by the contractor in respect of LaboursEmployees

engaged by them for performing the work of BSNL while submitting the claim of bills

towards works executed by him if applicable he must accompany the

i List showing the details of LaboursEmployees engaged

ii Duration of their engagement

iii The amount of wages paid to such LaboursEmployees for the duration in question

iv Amount of EPF contribution (both employees amp employers contribution) for the

duration of engagement in question paid to the EPF authorities

31 Signature of the Contractor

v Copies of authenticated documents of payments of such contributions to

EPF authorities and a declaration for compliance of EPF Act 1952

15 The BSNL reserves the right to disqualify such bidders who have a record of not

meeting contractual obligation against earlier contracts entered into with the

BSNL MEHSANA

16 Multiple Vendor System -The BSNL Mehsana intends to limit the number

of technically amp commercially responsive bidders to (Maximum three) from

the list of such bidders arranged in increasing order of their evaluated rate

starting from the lowest for the purpose of award of work against this

tender The distribution of quantum of work among the bidders is as per

clause of Section ndash of tender document

ldquoHowever SSA Head Mehsana reserve the right for the award of contract amp

work of entire tendered quantity to the bidder with the lowest evaluated

ratesrdquo

17 NOTE-

Tender documents containing detailed description of work terms amp conditions can be

had from Asstt General Manager (MM) Oo GMTD Mehsana 2nd Floor Admn

Building Sanchar Bhawan Pilaji Ganj Mehsana-384001 between 10=00 hours to

17=00 hours from 26102016 to 17112016 on all working days

Asstt General Manager (MM) Oo GMTD Mehsana ndash 384001

32 Signature of the Contractor

SECTION ndashVI

1 Specification and Tentative Quantum of work for repairing of EPBT amp

CLIP (approximate)

Sr

No

Name of SDE Unit

[Concern Supervising

Authority]

Quantum of Works for Tender for repairing

of EPBT amp CLIP Instruments [In No]

CLIP Inst EPBT

Inst

Buttons

Key

Plan Inst

1 SDE P MEHSANA 750 900 3 5

2 SDE G MEHSANA 225 250 5 0

3 SDE G CHANASAMA 100 0 5 0

4 SDE G CHHATRAL 350 200 0 0

5 SDEP KADI 50 0 0 0

6 SDEG KADI 50 0 0 0

7 SDEP KALOL 750 450 7 0

8 SDEG KALOL 150 50 0 0

9 SDEP VIJAPUR 60 85 2 0

10 SDEG VIJAPUR 75 95 2 0

11 SDEG MNSGZR 50 80 3 0

12 SDEG KUKARWADA 50 75 2 0

13 SDEP VISNAGAR 350 200 5 0

14 SDEG VISNAGAR 150 75 4 0

15 SDEG VADNAGAR 100 25 4 0

16 SDEG SATLASANA 75 40 3 0

17 SDEG KHERALU 100 50 3 0

18 SDEP UNJHA 500 400 3 0

19 SDEG UNJHA 100 113 2 0

20 SDEP SIDHPUR 450 300 3 0

21 SDEG SIDHPUR 200 200 5 0

22 SDEP PATAN 350 150 5 0

23 SDEG PATAN 100 50 5 0

24 SDEG HRJSAMI 100 50 4 0

Total 5235 3838 75 5

33 Signature of the Contractor

SECTION ndashVII

STANDARD SCHEDULE OF RATE (SOR) FOR REPARING OF EPBT

AND CLIP INSTRUMENT IN MEHSANA TELECOM DISTRICT (MEHSANA SSA)

To

GMTD Mehsana

Sub - Our Financial Bid for repairing of EPBT amp CLIP Instruments in Mehsana SSA

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Sir

Having examined the tender documents terms amp conditions specification of work

stipulated there in IWe the undersigned offer our rates in percentage as under

Brief description of items for

Repairing under ARC

Approx Quantity to be

repaired under ARC

SOR Per Instrument

(a) (b) (c)

(1) Repairing of CLIP Telephones

instruments

5235 No Rs 55-

(2) Repairing of Electronics Push

Button Telephones (EPBT)

3838 No Rs 23-

(3) Repairing of Buttons Key

75 No Rs 26-

(3) Repairing of Plan Instruments

5 No Rs 39-

Note- The Quantity of Clip instrument ( 5500) may be consider which AMC will be expired as per given below -

(1) AMC of 1400 PTPL instrument may be expired on 23092016

(2) AMC of 3100 PTPL instrument may be expired on 21012017

(3) AMC of 1000 PTPL instrument may be expired on 25032017

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

34 Signature of the Contractor

ANNEXURE-I

Fault analysis report of instruments of quarter ending

No of faulty

instruments

with

contractor at

the

beginning of

the period

No of faulty instruments

received by contractor

during the quarter

No of faulty instruments

repaired and returned to

Depot officer

CF No of

faulty

instruments

with

contractor

In warranty Out of

warranty

In warranty Out of

warranty

1

2

Nature of Fault

Type No Of instruments

No

dial

tone

Dial

faulty

No

ring

Poor

speechdisturbance

Dead Display

Fault

No fault

foundMisc

In

warrant

Out of

warranty

Repairing carried out

Type Faults in

TransmitterReceiver Ringer Contract

foil

PCB

Fault

Disply No fault

foundMisc

In

warrant

Out of

warranty

35 Signature of the Contractor

ANNEXURE ndashII

DECLARATION

(TO BE SUBMITTED WITH TECHNICAL BID)

IWe hereby declare that IWe have carefully gone through the Terms amp Conditions of

Tender Notice Invited vide No MMTenderMehsana2016-1706 Dated 26102016 in

detail and agree to the rate submitted by MeUs in the rate sheet and IWe agree in full to

abide by them

1) Signature of the Party ___________________________________

Full Name ___________________________________

(In block letter) ___________________________________

2) Full address ___________________________________

___________________________________

___________________________________

___________________________________

Tele No (O)________________________________

(R)________________________________

3) Capacity in which the __________________________________

Tender is signed

Rubber stamp is required) __________________________________

__________________________________

Date Signature of the Tenderer with seal

36 Signature of the Contractor

ANNEXURE ndash IV

DECLARATION REGARDING EPF TO BE GIVEN ON NON-JUDICIAL STAMPS

PAPER OF RS 100-

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

I helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipProprietor of

Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip do here by declare

that I am the proprietor of my above firm I am carrying out the repairing of

EPBT amp CLIP my self I do not engage labour So EPF is not applicable to

me

However the decision of the competent authority shall be binding to me in

this regard

Name of the Bidder

Signature of the Bidder with Seal

37 Signature of the Contractor

ANNEXURE ndash V

Undertaking to be given for compliance of EPF Registration certificate

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

We the partners Directors of the firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Do here by undertake that if our tender is accepted we will submit the EPF Registration

certification at the earliest latest by one month after the agreement carried out with the

BSNL Mehsana for execution of works for repairing of EPBT amp CLIP Instruments in

Mehsana SSA failing which the decision of the competent authority will be binding on us

To be signed by all Partners directors

38 Signature of the Contractor

ANNEXURE ndash VI

LETTEROF AUTHORISATION FOR ATTENDING BID OPENING

Tender Number MMTenderMehsana2016-1706 Dated 26102016

Subject Authorisation for attending bid opening on___________________(date) the

tender of following persons are hereby authorised to attend the bid opening

for the tender mentioned above on behalf of ______________________

(Bidder) in order of preference given below

Order of Preference Name

Specimen Signatures

I

II

Alternate

Representative

Signatures of

bidder

Or

Officer authorised to sign the bid

Documents on behalf of the bidder

No 1 Maximum of two representatives will be permitted to attend bid opening In

case where it is restricted to one first preference will be allowed Alternate

representative will be permitted when regular representatives are not to able

attending

2 Permission for entry to the hall where bids are opened may be refused in case

authorisation as prescribed above is not recovered

39 Signature of the Contractor

ANNEXURE ndash VII

INTEGRITY PACT

Between

Bharat Sanchar Nigam Limited (BSNL) GMTD-Mehsana hereinafter referred to as ldquoThe

Principalrdquo

And

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphereinafter referred to as ldquoThe BidderContractorrdquo

Preamble

The Principal intends to award under laid down organizational procedures contracts for --

----------------------------------------- The Principal values full compliance with all relevant

laws and regulations and the principles of economic use of resources and of fairness and

transparency in its relations with its Bidders and Contractors

In order to achieve these goals the Principal will appoint an Independent External Monitor

who will monitor the tender process and the execution of the contract for compliance with

the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to

observe the following principles -

(a) No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for

or accept for himherself or third person any material or immaterial benefit which heshe

is not legally entitled to

(b) The Principal will during the tender process treat all Bidder(s) with equity and reason

The Principal will in particular before and during the tender process provide to all

Bidder(s) the same information and will not provide to any Bidder(s)

confidentialadditional information through which the Bidder(s) could obtain an advantage

in relation to the tender process or the contract execution

(c) The Principal will exclude from the process all known prejudiced persons

(2) If the Principal obtains information on the conduct of any of its employees which is a

criminal offence under the relevant Anti-Corruption Laws of India or if there be a

substantive suspicion in this regard the Principal will inform its Vigilance Office and in

addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder(s)Contractor(s)

(1) The Bidder(s)Contractor(s) commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation

in the tender process and during the contract execution

(a) The Bidder(s)Contractor(s) will not directly or through any other person or firm offer

promise or give to any of the Principalrsquos employees involved in the tender process or the

40 Signature of the Contractor

execution of the contract or to any third person any material or immaterial benefit which

heshe is not legally entitled to in order to obtain in exchange any advantage of any kind

whatsoever during the tender process or during the execution of the contract

(b) The Bidder(s)Contractor(s) will not enter with other Bidder(s) 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

(c) The Bidder(s)Contractor(s) will not commit any offence under the relevant Anti-

corruption Laws of India further the Bidder(s)Contractor(s) will not use improperly for

purposes of competition or personal gain or pass on to others any information or

document provided by the Principal as part of the business relationship regarding plans

technical proposals and business details including information contained or transmitted

electronically

(d) The Bidder(s)Contractor(s) will when presenting his bid disclose any and all

payments he has made is committed to or intends to make to agents brokers or any other

intermediaries in connection with the award of the contract

(2) The Bidder(s)Contractor(s) will not instigate third persons to commit offences outlined

above or be an accessory to such offences

Section 3 ndash Disqualification from tender process and exclusion from future contracts

If the Bidder(s)Contractor(s) before contract award or during execution has committed a

transgression through a violation of Section 2 above or in any other form such as to put his

reliability or credibility in question the Principal is entitled to disqualify the

Bidder(s)Contractor(s) from the tender process or take action as per the defined procedure

Section 4 ndash Compensation for Damages

(i) If the Principal has disqualified the Bidder(s) from the tender process prior to the award

according to Section 3 the Principal is entitled to demand and recover the damages

equivalent to Earnest Money Deposit Bid Security

(ii) If the Principal has terminated the contract according to Section 3 or if the Principal is

entitled to terminate the contract according to section 3 the Principal shall be entitled to

demand and recover from the Contractor the amount equivalent to Security Deposit

Performance Bank Guarantee in addition to any other penalties recoveries as per terms

and conditions of the tender

Section 5 ndash Previous transgression

(i) The Bidder declares that no previous transgression occurred in the last 3 years with any

other Company in any country conforming to the Anti-corruption approach or with any

other Public Sector Enterprise in India that could justify his exclusion from the tender

process

(ii) If the Bidder makes incorrect statement on this subject he can be disqualified from the

tender process or action can be taken as per the defined procedure

Section 6 ndash Equal treatment of all BiddersContractorsSubcontractors

41 Signature of the Contractor

(i) The principal will enter into agreements with identical conditions as this one with all

BiddersContractors

(ii) The Bidder(s)Contractor(s) undertake(s) to demand from all subcontractors a

commitment in conformity with this Integrity Pact

(iii) The Principal will disqualify from the tender process all bidders who do not sign this

Pact or violate its provisions

Section 7 ndash Criminal charges against violating

Bidder(s)Contractor(s)Subcontractor(s)

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or

of an employee or a representative or an associate of a Bidder Contractor or

Subcontractor which constitutes corruption or if the Principal has substantive suspicion in

this regard the Principal will inform the Corporate Vigilance Office

Section 8 ndash External Independent MonitorMonitors

1 Principal appoints competent and credible Independent External Monitor for this Pact

The task of the Monitor is to review independently and objectively whether and to what

extent the parties comply with the obligations under this agreement

2 The Monitor is not subject to instructions by the representatives of the parties and

performs his functions neutrally and independently He reports to the CMD of the BSNL

3 The Bidder(s)Contractor(s) accepts that the Monitor has the right to access without

restriction to all Project documentation of the Principal including that provided by the

Contractor The Contractor will also grant the Monitor upon his request and demonstration

of a valid interest unrestricted and unconditional access to his project documentation The

same is applicable to Subcontractors The Monitor is under contractual obligation to treat

the information and documents of the Bidder(s)Contractor(s)Subcontractor(s) with

confidentiality

Notwithstanding anything contained in this Section the Bidder(s)Contractor(s) shall have

no obligation whatsoever to provide any internal costing mechanisms or any internal

financial or commercial data pursuant to any audit or review conducted by or on behalf of

the Principal Further the Bidder(s)Contractor(s) shall not be required to provide any data

relating to its other customers or any personnel or employee related date

4 The Principal will provide to the Monitor 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 Principal and the Contractor The parties offer to the

Monitor the option to participate in such meetings

5 As soon as the Monitor notices or believes to notice a violation of this agreement he

will so inform the Management of the Principal and request the Management to

discontinue or take corrective action or to take other relevant action The monitor can in

this regard submit non-binding recommendations Beyond this the Monitor has no right to

demand from the parties that they act in a specific manner refrain from action or tolerate

action

42 Signature of the Contractor

6 The Monitor will submit a written report to the Chairperson of the Board of the Principal

within 8 to 10 weeks from the date of reference or intimation to him by the lsquoPrincipalrsquo and

should the occasion arise submit proposals for correcting problematic situations

7 If the Monitor has reported to the CMD of the BSNL a substantiated suspicion of an

offence under relevant Anti-Corruption Laws of India and the BSNL has not within

reasonable time taken visible action to proceed against such offence or reported it to the

Corporate Vigilance Office the Monitor may also transmit this information directly to the

Central Vigilance Commissioner Government of India

8 The word lsquoMonitorrsquo would include both singular and plural

Section 9 ndash Pact Duration

This Pact begins when both parties have legally signed it It expires for the Contractor 12

months after the last payment under the contract and for all other Bidders 6 months after

the contract has been awarded

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 dischargeddetermined by

CMD BSNL

Section 10 ndash Other provisions

1 This agreement is subject to Indian Law Place of performance and jurisdiction is the

Registered Office of the Principal ie New Delhi The arbitration clause provided in the

tender document contract shall not be applicable for any issue dispute arising under

Integrity Pact

2 Changes and supplements as well as termination notice need to be made in writing

3 If the Contractor is a partnership or a consortium this agreement must be signed by all

partners or consortium members

4 Should one or several provisions of this agreement turn out to be invalid the remainder

of this agreement remains valid In this case the parties will strive to come to an agreement

to their original intensions

------------------------------------ ----------------------------------

For the Principal For the BidderContractor

Placehelliphelliphelliphelliphelliphelliphelliphellip Witness 1 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphellip Witness 2 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

43 Signature of the Contractor

Anexx-VIII

AGREEMENT

This agreement made on thishelliphelliphellip day of helliphelliphellip Yearhelliphelliphelliphellip Between hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphellipHerein after called ldquo The contractorrdquo (which expression shall unless excluded by or

repugnant to the context include its successors heir executors administrative representative and

assignee) of the one part amp the BSNL (GMTD Mehsana) herein after referred to as the BSNL of

other part Tender No MMTenderMehsana2016-1706 Dated 26102016

Where as the contractor has offered to enter with the said BSNL for the contract for repairing of

EPBT amp CLIP Plan instruments amp Buttons Key in Mehsana SSA Mehsana Telecom District on

the terms and conditions herein contained and the rates approved by the BSNL (copy of rates

annexed) have been dully accepted and whereas the necessary security deposit have been furnished

in accordance with the provision of the tender documents and whereas no interest will be claimed

on the security deposit Now these presents witness and it is hereby agreed and declared by and

between the partiesrsquo presents as follows

(1) The contractor shall during the period of this contract that is to say fromhelliphelliphelliphelliphellipTo

helliphelliphelliphellip or completion of work whichever is earlier or until this contract shall be

determined by such notice as is herein after mentioned safely carried out by means of

Labours employed at his own expense and by means of tools implements of equipments

etc to be supplied by him to his Labours at his own expense all work of repairing of

EPBT amp CLIP instruments as described in tender documents (annexed to the agreement)

when the BSNL or any other person authorized by GMTD Mehsana in that behalf require it

is under stood by the contractor that the quantity of work mentioned in the schedule is

likely to change as per actual requirement as demanded by exigencies of service

(2) The Notice Inviting Tender Bid documents (qualifying and financial) letter of intent

approved rates annexed here to and such other additional particulars instructions

drawings work orders as may be found requisite to be given during execution of work

shall be deemed and taken to be an integral part of the contract and shall be deemed to be

included in the expression ldquoThe agreement) or ldquoThe Contractrdquo wherever herein used

(3) The contractor also supplies the requisite number of workmen with means and materials as

well as tools appliances vehicles for transportation cartage etc required for the proper

execution of work within the prescribed in the work orders

(4) The contractor hereby declares that no body connected with or in the employment of the

BSNL is notshall not ever be admitted as partner in the contract

(5) The contractor shall abide by the terms and conditions rules guide lines constructions

particulars safety precautions etc stipulated in the tender documents including any

correspondence between the contractor and the BSNL having bearing on execution of work

and payments of work to be done under the contract

In witness whereof the partiesrsquo presents have here in to set their representative hands and

seals the day and year in

Signed sealed amp Delivered by

The above named contractor in the presence of

Above written

Witness

(1)

(2) Signed and delivered on behalf of BSNL

Witness

(1)

(2)

44 Signature of the Contractor

ANNEXURE-IX - UNDERTAKING

This deed of undertaking executed on this helliphelliphellip day ofhelliphelliphelliptwo thousand andhelliphellip

by (name of sole proprietorpartnerdirectorauthorized representative the firm

company trust society etc)helliphelliphelliphelliphelliphelliphelliphelliphelliphellipSO helliphelliphelliphelliphelliphelliphelliphellip

residing athelliphelliphelliphelliphelliphelliphelliphelliphelliphellipOn behalf of said helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of the firm company Trust Society etc) having its office athelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

and dully authorized to sign file and verify present undertaking by the said hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of Firm company Society etc) in favour of Bharat Sanchar Nigam Ltd a

Government Of India undertaking having its registered office at Statesman

HouseB-148 Barkhamba Road New Delhi and local office at Administrative

Building Sanchar Bhawan BSNL Pilaji Ganj Mehsana-1 here in after called

BSNL (which terms shall mean and include its successors administrators heirs and

assigns Where as MS BSNL invited bids for repairing of EPBT amp CLIP instruments in Mehsana SSA

IWe participated in the bidding process and emerged as successful bidder with respect to tender No

MMTenderMehsana2016-1706 Dated 26102016

IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Acknowledge that IWe have fully under

stood and aware of the terms amp conditions of the Tendercontract and do hereby unequivocally and

unconditionally undertake and declare that

(1) IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip shall comply with all

the rulesRegulationsLawsGovernment instructionsstatus etc that are

applicable will be made applicable and or are aimed to protect the interest of

the workersemployees engaged by meus in the past and during the course of

performance of the contract with BSNL

(2) IWe shall fully protect indemnity and hold harmless BSNL and its employees

officers Directors agents judgments damages fines penalties and costs

(including legal costs and disbursements) arising from or relating to

Any breach violation of any direction order from any governmental

authority any provisions of the labour laws or any other laws status or

regulations that are or will be aimed to protect the interest of the

workersLabours engaged by the contractors in past and during the

course of this contract

OR

Any other payments claims or liability that may arise for ensuring

compliance of the provisions of any of the labour laws or any other laws

etc OR

Any other claim made by any third party in connection with any violation

of any laws guide lines instructions etc

In witness whereof this undertaking has caused on thehelliphelliphelliphelliphelliphellip

DayhelliphelliphelliphelliphellipMonth ofhelliphelliphellip Year

Date

Place

Signature

Name

Designation

Witness 1 2helliphelliphellip

45 Signature of the Contractor

ANNEXURE-X

E-Tendering Instructions to Bidders

These Special Instructions (for e-Tendering) supplement lsquoGeneral instructions to Biddersrsquo as enclosed in Section IV of this E-Tender Document Wherever there is a conflict the provisions herein shall prevail over those in other pages of this document

Submission of Bids only through online process is mandatory for this Tender

For conducting electronic tendering BSNL Mehsana is using the portal

(httpeprocurementsynisecombsnl1gujarat) of Ms Synise Technologies ltd Pune A - Submission of tender

1 The bidding process will be accepted only through e-tendering platform 2 Availability of e-tendering document e-tender document can be obtained by

downloading it from the website httpeprocurementsynisecombsnl1gujarat the

physical copy of the Tender document would not be available for sale

3 The Tender document shall not be available for download on its submissionclosing date B - General 1 Tender Bidding Methodology

Sealed Bid System ndashldquoSingle Stage using two envelopsrdquo

In this case of two envelope system Financial amp Techno-commercial bids shall be

submitted by the bidder at the same time

2 Broad outline of activities from Bidders prospective

1 Procure a Digital Signing Certificate (DSC)

2 Register on Electronic Tendering System (RETS)

3 Create Users and assign roles on ETS

4 View Notice Inviting Tender (NIT) on ETS

5 Download Official Copy of Tender Documents from ETS

6 Clarification to Tender Documents on ET Query to BSNL (Optional)

View response to queries posted by BSNL as addenda

7 Bid-Submission on ETS

8 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Techno-commercial Part

9 View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond to BSNLrsquos Post-TOE queries

10 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Financial-Part (Only for Technical Responsive Bidders)

For participating in this tender online the following instructions need to be read

carefully These instructions are supplemented with more detailed guidelines on

the relevant screens of the ETS

3 Digital Certificates

For integrity of data and its authenticity non-repudiation of electronic records and be compliant with IT Act 2000 it is necessary for each user to have a Digital Certificate (DC) also referred to as Digital Signature Certificate (DSC) of Class 2 or above issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer httpwwwccagovin]

4 Registration

To use the Electronic Tenderreg portal ( httpeprocurementsynisecombsnl1gujarat) vendor needs to register on the

46 Signature of the Contractor

portal Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e-tendering activities In ETS terminology this person will be referred to as the Super User (SU) of that organization For f u r ther details

p lease v is i t the websiteportal and follow further instructions as given on the site You may also contact tender wizard Helpdesk (as given below) to get your registration acceptedactivated Tender wizard Helpdesk

Telephone 020-30277517 020-30277522020-30277516

[between 1000 hrs to 1800 hrs on working days]

Mobile Nos Mr Hiren Pandar 7774013247 7774013248

E-mail ID helpdesksynisecom [Please mark CC

hirenpsynisecom]

BSNL Contact-1

BSNLrsquos Contact Person AGM MM Mehsana

Telephone Mobile (02762-220855222900)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID agmmmmehbsnlin

BSNL Contact-2

BSNLrsquos Contact Person SDE MM-Mehsana

Telephone Mobile (02762-221855)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID mehsdemm2bsnlin 5 Bid related Information for this Tender (Sealed Bid)

The entire bid-submission would be

online on ETS Broad outline of

submissions are as follows

Submission of digitally signed copy of Tender DocumentsAddendumaddenda

Two Envelopes

Techno-commercial -Part

Financial-Part

Note -

i) If some document is not applicable for the bidder then he has to upload

scanned copy of paper mentioning ldquoThe document ltNamegt called vide

clause helliphelliphelliphelliphelliphelliphellip is not applicable on usrdquo

ii) If document asked for contains more than one page then all those pages may be uploaded in one PDF format file

iii) Please take care to scan documents such that the total size of

documents to be uploaded remains minimum However it shall be sole

responsibility of bidder that the uploaded documents remain eligible

6 Offline Submissions

The bidder is requested to submit the following documents offline to AGM (MM) 2nd Floor Sanchar Bhawan Pilaji Ganj Mehsana-384001 on or before the date amp

time of submission of bids specified in covering letter of this tender

47 Signature of the Contractor

document in a Sealed Envelope The envelope shall bear (name of the tender) the tender number and the words lsquoDO NOT OPEN BEFORErsquo (due date amp time)

1 EMD-Bid Security in Original

2 DD Bankers cheque against payment of tender fee

3 Power of attorney (if applicable) Note The bidder has to upload the Scanned copy of all above said documents during

online Bid submission also

7 Special Note on Security of Bids

Security related functionality has been rigorously implemented in ETS in a multi-dimensional manner Starting with Acceptance of Registration by the Service Provider provision for security has been made at various stages in Electronic Tenderrsquos software Security related aspects as regard Bid Submission are outlined below

As part of the Electronic Encryptertrade functionality the contents of both the lsquoElectronic Formsrsquo and the lsquoMain-Bidrsquo are securely encrypted using a Pass-Phrase created by the Bidder himself Unlike a lsquopasswordrsquo a Pass-Phrase can be a multi-word sentence with spaces between words (eg I love this World) A Pass-Phrase is easier to remember and more difficult to break It is recommended that a separate Pass-Phrase be created for each Bid-Part This method of bid- encryption does not have the security and data-integrity related vulnerabilities which are inherent in E-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid- encryption Bid-encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE) even if there is connivance between the concerned tender- opening officers of the Buyer organization and the personnel of e-tendering service provider

Typically lsquoPass-Phrasersquo of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself when demanded by the concerned Tender Opening Officers who will open the bid Else Tender Opening Officer may authorize the bidder to open his bid himself There is an additional protection with SSL Encryption during transit from the client-end computer of a Supplier organization to the e-tendering server portal

8 Public Online Tender Opening Event (TOE)

ETS offers a unique facility for lsquoPublic Online Tender Opening Event (TOE)rsquo Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices For this purpose representatives of bidders (ie Supplier organization) dully authorized are requested to carry a Laptop and Wireless Connectivity to Internet Every legal requirement for a transparent and secure lsquoPublic Online Tender Opening Event (TOE)rsquo has been implemented on ETS As soon as a Bid is decrypted with the corresponding lsquoPass-Phrasersquo as submitted online by the bidder himself (during the TOE itself) salient points of the Bids are simultaneously made available for downloading by all participating bidders The work of taking notes during a manual lsquoTender Opening Eventrsquo is therefore replaced with this superior and convenient form of lsquoPublic Online Tender Opening Event (TOE)rsquo ETS has a unique facility of lsquoOnline Comparison Chartrsquo which is dynamically updated as each online bid is opened The format of the chart is based on inputs provided by the Buyer for each Tender The information in the Comparison Chart is based on the data submitted by the Bidders in electronic forms A detailed Technical and or Financial Comparison Chart enhances Transparency Detailed instructions are given on relevant screens

48 Signature of the Contractor

ETS has a unique facility of a detailed report titled lsquoMinutes of Online Tender Opening Event (TOE)rsquo covering all important activities of lsquoOnline Tender Opening Event (TOE)rsquo This is available to all participating bidders for lsquoViewing Downloadingrsquo

There are many more facilities and features on ETS For a particular tender the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer

NOTE In case of internet related problem at a bidderrsquos end especially during lsquocritical

eventsrsquo such as ndash a short period before bid-submission deadline during online

public tender opening event etc it is the bidderrsquos responsibility to have backup

internet connections In case there is a problem at the e- procurement

service-providerrsquos end (in the server leased line etc) due to which all the

bidders face a problem during critical events and this is brought to the notice

of BSNL by the bidders in time then BSNL will promptly re-schedule the

affected event(s)

9 Other Instructions

For further instructions the vendor should visit the home-page of the portal

( httpeprocurementsynisecombsnl1gujarat) and go to the User-Guidance Center The help information provided through lsquoETS User-Guidance Centerrsquo is available in three categories ndash

Users intending to Register First-Time Users Logged-in users of Buyer organizations and Logged-in users of Supplier organizations Various links are provided under each of the three categories Note It is strongly recommended that all authorized users of Supplier

organizations should thoroughly peruse the information provided under the

relevant links and take appropriate action This will prevent hiccups and minimize

teething problems during the use of ETS

The following lsquoFOUR KEY INSTRUCTIONS for BIDDERSrsquo must be assiduously adhered to

1 Obtain individual Digital Signing Certificate (DSC or DC) well in advance of

your first tender submission deadline on ETS

2 Register your organization on ETS well in advance of your first tender submission deadline on ETS

3 Get your organizationrsquos concerned executives trained on ETS well in advance of your first tender submission deadline on ETS

4 Submit your bids well in advance of tender submission deadline on ETS as

there could be last minute problems due to internet timeout breakdown etc

While the first three instructions mentioned above are especially relevant to first-time users of ETS the fourth instruction is relevant at all times

10 Minimum Requirements at Bidders end

Computer System with good configuration (Min P IV 1 GB RAM Windows XP)

Broadband connectivity

Microsoft Internet Explorer 60 or above

Digital Certificate(s) for users

49 Signature of the Contractor

ANNEXURE-III

RATE SHEET

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Rate should be quoted in below Rate Sheet

Sr

No

Rates Quoted By Bidder With Respect to SOR (Schedule Of Rate)

Particulars In Figure In Words

1 Above Of SOR

2 Below Of SOR

3 AT PAR

[At Same Rates of SOR]

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

Signature of the Bidder with Seal

Note

1 All faulty instruments are to be repaired except fully broken or fully burnt due to

electric hazards

2 The work may be offered to more than one contractor if required

Signature of the Tenderer with seal

Full Name _____________________

Full Address________________________

  • TABLE OF CONTENTS
    • CERTIFICATE REGARDING NEAR RLATIVES
      • LETTEROF AUTHORISATION FOR ATTENDING BID OPENING
      • Signed sealed amp Delivered by
      • Above written
        • ANNEXURE-IX - UNDERTAKING

27 Signature of the Contractor

f) Once a claim has been included in the submission by the contractor a retraction or

modification thereof will be opposed

g) The Point of Defense will be based on actual condition of the contract

h) The question whether these conditions are equitable shall not receive any consideration

in the preparation of Points of Defense

i) The arbitrator shall not entertain claims in the nature of ex-gratia payments as these

are not contractual

j) If the contractor including such claims in his submission the fact that they are not

contractual will be prominently placed before the arbitrator

k) In case the amount involved is heavy the sole arbitrator may be within his rights to

conduct the defense by the government pleader

The award of the sole arbitrator shall be final and binding on the parties to the dispute It

is further agreed that reference to the sole arbitration of officer appointed as arbitrator is

conditions precedent and none will be entitled to move the court without referring the

matter to sole arbitrator

58 Contractor should produce latest Income Tax CertificateSales Tax registration

certificate

59GMTD Mehsana reserves the rights to terminate RRC for breach of

conditionconditions of the agreement after giving a show cause notice of 14 days and after

examining reply if any filed by him pursuance to show cause notice

60 GMTD Mehsana reserves the rights to engaged one or more contractors for this work

61 Rates to be quoted in ANNEXURE ndash III Financial Bid in separate sealed cover and

declaration to be given in ANNEXURE-II-A amp ANNEXURE ndash II B duly signed by all

partnersdirectors of the companyfirm

28 Signature of the Contractor

SECTION ndash V

SPCECIAL CONDITIONS

Work Orders shall be issued by concerned SDE approved by DE

1 Scope of the work Repairing of faulty electronic CLIP push button telephone

instruments buttons key including plan instrument It shall cover all instruments

including those having PCB Display of CLI and burnt out due to their connections

to powers inadvertently but excluding PBT with bakelite portion broken

discolored

2 Collection of faulty instruments

A For lifting of faulty instruments the minimum lot size will be of 20 units

the SDEexchange in charge will intimate the quantity of faulty instruments

accumulated with him over telephone or by FAX to the contractor

B The contractor shall ensure the collection of the faulty instruments within

three working days of the date at giving work order or intimation over telephone or

by FAX on working days between 10 AM to 17 PM at his cost

C The contractor shall acknowledge the receipt of the faulty instruments made

over to him

3 Duration of repair

A The contractor shall repair the faulty instruments at his own work-shop and

return the same to SDEexchange in-charge concerned at his own cost within one

week of its collection (for calculating one week the day of collection and day of

handing over will be inclusive)

B After carrying out repairs of the faulty instruments the contractor shall

offer the instruments to SDEExchange in-charge or JTO nominated by him for

inspection and testing one day before the expiry of schedule delivery date The

decision of the inspecting officer as to accept the repaired instruments will be final

and binding on contractor

C The contractor shall pack each repaired instrument suitably in a

polythene bag after polishingbuffing while returning them to SDE

D The contractor shall paste stiker with date of repairing on back side of

each repaired instrument while returning them to SDE

E The repaired instruments shall be returned back to the same SDEExchange

in-charge unless specified otherwise from where these instruments were collected

for repairs

4 Warranty repair

The contractor will undertake quality repair which will ensure the normal

troubledefect free performance of the instruments for a period of 12 months from

the date of inspection and clearance In case the repaired instruments develops

any defect or any deficiency or fault ie it becomes faulty during the warranty

29 Signature of the Contractor

period the contractor shall rectify repair and remedy such defects deficiency in the

repaired instruments at his own cost and expenses

5 A Method of evaluation

Tenders will be evaluated with reference to the total cost worked out by

multiplying rates quoted by Tenderer with approximate number of EPBT amp

CLIP Instruments as shown in the price bid

B Reports

1 The contractor shall furnish a summary of fault found and namedetails of

the components replaced in the instruments repaired while offering them for

inspection

2 The contractor shall also furnish a quarterly analysis of faulty and repaired

batch wise as per Annexure-I

6 Quality of components

The contractor shall use good quality components for repairs of the instruments

The replaced parts should be purchased by the contractor from DOT approved

source s

7 Liquidated damage

1 Delay in collection Rs 5- per instruments per week or part thereof for

entire lot of unserviceable instruments collected delayed subject to a

maximum of Rs 20- per instruments In case timely collection is not don as

per Para 2(B) above

2 Delay in delivery Rs2 per instrument per week or part thereof on the

entire lot of instruments delivered delayed in case delivery not made timely

as per Para 3 above

8 Quantum of EMD and PSD

EMD as per NIT - to be paid either in cash or in form of DDBankerrsquos

ChequePay Order from NationalizedScheduled Bank in favour of Accounts

Officer (Cash) BSNL Oo GMTD ndash Mehsana payable at Mehsana

Performance Security Deposit 10 of estimated cost of tender payable either in cash or DD or in form of Bank guarantee

from Nationalized BankScheduled Bank for a period of 24 months which will be released or refunded after successful

completion of contract and no due pending against contractor 9 Extension of validity of RRC period Period of RRC will normally

be one year However GMTD Mehsana reserves the right to extend it for a further period of six months or one year or part

there of under the same rates and terms and conditions

Estimated cost for the second year or part there of shall be considered same as approved for first year or part

there of on pro-rata basis

30 Signature of the Contractor

10 Eligibility The bidder should have

Experience of repairing of CLIP or EPBT Instruments in DOTBSNLGovt

PSU Private SectorFirm for one year during last five years as per NIT

11 Documents to be submitted with Technical Bid (Qualifying Bid) to establish

their eligibility for bidding

111 Experience certificate (self attested copy) issued by not below the rank of DEAGM in

DOTBSNLGovtPSUPrivate SectorFirm as required under clause 10 above

112 Self attested Copy of registration of firm (not required for proprietorship)

113 For EPF particulars submit the EPF registration certificate if applicable

(If not applicable submit the clarification as to how not applicable and submit

undertaking on Non judicial stamp paper of Rs 50- regarding submission of it within

one month after the agreement with BSNL Mehsana) If the firms which are under

partnership deed Company Pvt Ltd shall have to submit EPF registration certificate

If not obtain they shall have to obtain the earliest and latest by the time of agreement

They shall have to submit necessary undertaking certificate for this in ANNEXURE-

VI

114 Self attested Copy of Registration particulars with Central Excise for Service Tax If

undertaking is given he shall have to submit within one month before agreement failing

which there will be no agreement (If Service tax is not applicable he shall have to

submit reasons as to how it is not applicable)

115 Partnership deed amp power of attorney who has signed the bid (self attested copy) if

applicable

116 Bio-data of Tenderer in ANNAXURE--IV

117 Declaration to be given in ANNEXURE-II A amp II B

12 Rates to be quoted in ANNEXURE-III In Financial Bid to be submitted separately

in sealed cover

13 GMTD Mehsana reserves the rights to terminate RRC for breach of condition

conditions of the agreement after giving a show cause notice of 14 days and after

examination reply if any filled by him pursuance to show cause notice

14 EPF contribution in respect of LabourEmployees employed by the contractor for

execution of works of BSNL if applicable The contractor will have to

fulfillcompliance of the provisions of EPF amp Misc provisions Act1952 amp Employees

provident fund scheme-1952 by the contractor in respect of LaboursEmployees

engaged by them for performing the work of BSNL while submitting the claim of bills

towards works executed by him if applicable he must accompany the

i List showing the details of LaboursEmployees engaged

ii Duration of their engagement

iii The amount of wages paid to such LaboursEmployees for the duration in question

iv Amount of EPF contribution (both employees amp employers contribution) for the

duration of engagement in question paid to the EPF authorities

31 Signature of the Contractor

v Copies of authenticated documents of payments of such contributions to

EPF authorities and a declaration for compliance of EPF Act 1952

15 The BSNL reserves the right to disqualify such bidders who have a record of not

meeting contractual obligation against earlier contracts entered into with the

BSNL MEHSANA

16 Multiple Vendor System -The BSNL Mehsana intends to limit the number

of technically amp commercially responsive bidders to (Maximum three) from

the list of such bidders arranged in increasing order of their evaluated rate

starting from the lowest for the purpose of award of work against this

tender The distribution of quantum of work among the bidders is as per

clause of Section ndash of tender document

ldquoHowever SSA Head Mehsana reserve the right for the award of contract amp

work of entire tendered quantity to the bidder with the lowest evaluated

ratesrdquo

17 NOTE-

Tender documents containing detailed description of work terms amp conditions can be

had from Asstt General Manager (MM) Oo GMTD Mehsana 2nd Floor Admn

Building Sanchar Bhawan Pilaji Ganj Mehsana-384001 between 10=00 hours to

17=00 hours from 26102016 to 17112016 on all working days

Asstt General Manager (MM) Oo GMTD Mehsana ndash 384001

32 Signature of the Contractor

SECTION ndashVI

1 Specification and Tentative Quantum of work for repairing of EPBT amp

CLIP (approximate)

Sr

No

Name of SDE Unit

[Concern Supervising

Authority]

Quantum of Works for Tender for repairing

of EPBT amp CLIP Instruments [In No]

CLIP Inst EPBT

Inst

Buttons

Key

Plan Inst

1 SDE P MEHSANA 750 900 3 5

2 SDE G MEHSANA 225 250 5 0

3 SDE G CHANASAMA 100 0 5 0

4 SDE G CHHATRAL 350 200 0 0

5 SDEP KADI 50 0 0 0

6 SDEG KADI 50 0 0 0

7 SDEP KALOL 750 450 7 0

8 SDEG KALOL 150 50 0 0

9 SDEP VIJAPUR 60 85 2 0

10 SDEG VIJAPUR 75 95 2 0

11 SDEG MNSGZR 50 80 3 0

12 SDEG KUKARWADA 50 75 2 0

13 SDEP VISNAGAR 350 200 5 0

14 SDEG VISNAGAR 150 75 4 0

15 SDEG VADNAGAR 100 25 4 0

16 SDEG SATLASANA 75 40 3 0

17 SDEG KHERALU 100 50 3 0

18 SDEP UNJHA 500 400 3 0

19 SDEG UNJHA 100 113 2 0

20 SDEP SIDHPUR 450 300 3 0

21 SDEG SIDHPUR 200 200 5 0

22 SDEP PATAN 350 150 5 0

23 SDEG PATAN 100 50 5 0

24 SDEG HRJSAMI 100 50 4 0

Total 5235 3838 75 5

33 Signature of the Contractor

SECTION ndashVII

STANDARD SCHEDULE OF RATE (SOR) FOR REPARING OF EPBT

AND CLIP INSTRUMENT IN MEHSANA TELECOM DISTRICT (MEHSANA SSA)

To

GMTD Mehsana

Sub - Our Financial Bid for repairing of EPBT amp CLIP Instruments in Mehsana SSA

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Sir

Having examined the tender documents terms amp conditions specification of work

stipulated there in IWe the undersigned offer our rates in percentage as under

Brief description of items for

Repairing under ARC

Approx Quantity to be

repaired under ARC

SOR Per Instrument

(a) (b) (c)

(1) Repairing of CLIP Telephones

instruments

5235 No Rs 55-

(2) Repairing of Electronics Push

Button Telephones (EPBT)

3838 No Rs 23-

(3) Repairing of Buttons Key

75 No Rs 26-

(3) Repairing of Plan Instruments

5 No Rs 39-

Note- The Quantity of Clip instrument ( 5500) may be consider which AMC will be expired as per given below -

(1) AMC of 1400 PTPL instrument may be expired on 23092016

(2) AMC of 3100 PTPL instrument may be expired on 21012017

(3) AMC of 1000 PTPL instrument may be expired on 25032017

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

34 Signature of the Contractor

ANNEXURE-I

Fault analysis report of instruments of quarter ending

No of faulty

instruments

with

contractor at

the

beginning of

the period

No of faulty instruments

received by contractor

during the quarter

No of faulty instruments

repaired and returned to

Depot officer

CF No of

faulty

instruments

with

contractor

In warranty Out of

warranty

In warranty Out of

warranty

1

2

Nature of Fault

Type No Of instruments

No

dial

tone

Dial

faulty

No

ring

Poor

speechdisturbance

Dead Display

Fault

No fault

foundMisc

In

warrant

Out of

warranty

Repairing carried out

Type Faults in

TransmitterReceiver Ringer Contract

foil

PCB

Fault

Disply No fault

foundMisc

In

warrant

Out of

warranty

35 Signature of the Contractor

ANNEXURE ndashII

DECLARATION

(TO BE SUBMITTED WITH TECHNICAL BID)

IWe hereby declare that IWe have carefully gone through the Terms amp Conditions of

Tender Notice Invited vide No MMTenderMehsana2016-1706 Dated 26102016 in

detail and agree to the rate submitted by MeUs in the rate sheet and IWe agree in full to

abide by them

1) Signature of the Party ___________________________________

Full Name ___________________________________

(In block letter) ___________________________________

2) Full address ___________________________________

___________________________________

___________________________________

___________________________________

Tele No (O)________________________________

(R)________________________________

3) Capacity in which the __________________________________

Tender is signed

Rubber stamp is required) __________________________________

__________________________________

Date Signature of the Tenderer with seal

36 Signature of the Contractor

ANNEXURE ndash IV

DECLARATION REGARDING EPF TO BE GIVEN ON NON-JUDICIAL STAMPS

PAPER OF RS 100-

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

I helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipProprietor of

Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip do here by declare

that I am the proprietor of my above firm I am carrying out the repairing of

EPBT amp CLIP my self I do not engage labour So EPF is not applicable to

me

However the decision of the competent authority shall be binding to me in

this regard

Name of the Bidder

Signature of the Bidder with Seal

37 Signature of the Contractor

ANNEXURE ndash V

Undertaking to be given for compliance of EPF Registration certificate

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

We the partners Directors of the firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Do here by undertake that if our tender is accepted we will submit the EPF Registration

certification at the earliest latest by one month after the agreement carried out with the

BSNL Mehsana for execution of works for repairing of EPBT amp CLIP Instruments in

Mehsana SSA failing which the decision of the competent authority will be binding on us

To be signed by all Partners directors

38 Signature of the Contractor

ANNEXURE ndash VI

LETTEROF AUTHORISATION FOR ATTENDING BID OPENING

Tender Number MMTenderMehsana2016-1706 Dated 26102016

Subject Authorisation for attending bid opening on___________________(date) the

tender of following persons are hereby authorised to attend the bid opening

for the tender mentioned above on behalf of ______________________

(Bidder) in order of preference given below

Order of Preference Name

Specimen Signatures

I

II

Alternate

Representative

Signatures of

bidder

Or

Officer authorised to sign the bid

Documents on behalf of the bidder

No 1 Maximum of two representatives will be permitted to attend bid opening In

case where it is restricted to one first preference will be allowed Alternate

representative will be permitted when regular representatives are not to able

attending

2 Permission for entry to the hall where bids are opened may be refused in case

authorisation as prescribed above is not recovered

39 Signature of the Contractor

ANNEXURE ndash VII

INTEGRITY PACT

Between

Bharat Sanchar Nigam Limited (BSNL) GMTD-Mehsana hereinafter referred to as ldquoThe

Principalrdquo

And

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphereinafter referred to as ldquoThe BidderContractorrdquo

Preamble

The Principal intends to award under laid down organizational procedures contracts for --

----------------------------------------- The Principal values full compliance with all relevant

laws and regulations and the principles of economic use of resources and of fairness and

transparency in its relations with its Bidders and Contractors

In order to achieve these goals the Principal will appoint an Independent External Monitor

who will monitor the tender process and the execution of the contract for compliance with

the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to

observe the following principles -

(a) No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for

or accept for himherself or third person any material or immaterial benefit which heshe

is not legally entitled to

(b) The Principal will during the tender process treat all Bidder(s) with equity and reason

The Principal will in particular before and during the tender process provide to all

Bidder(s) the same information and will not provide to any Bidder(s)

confidentialadditional information through which the Bidder(s) could obtain an advantage

in relation to the tender process or the contract execution

(c) The Principal will exclude from the process all known prejudiced persons

(2) If the Principal obtains information on the conduct of any of its employees which is a

criminal offence under the relevant Anti-Corruption Laws of India or if there be a

substantive suspicion in this regard the Principal will inform its Vigilance Office and in

addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder(s)Contractor(s)

(1) The Bidder(s)Contractor(s) commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation

in the tender process and during the contract execution

(a) The Bidder(s)Contractor(s) will not directly or through any other person or firm offer

promise or give to any of the Principalrsquos employees involved in the tender process or the

40 Signature of the Contractor

execution of the contract or to any third person any material or immaterial benefit which

heshe is not legally entitled to in order to obtain in exchange any advantage of any kind

whatsoever during the tender process or during the execution of the contract

(b) The Bidder(s)Contractor(s) will not enter with other Bidder(s) 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

(c) The Bidder(s)Contractor(s) will not commit any offence under the relevant Anti-

corruption Laws of India further the Bidder(s)Contractor(s) will not use improperly for

purposes of competition or personal gain or pass on to others any information or

document provided by the Principal as part of the business relationship regarding plans

technical proposals and business details including information contained or transmitted

electronically

(d) The Bidder(s)Contractor(s) will when presenting his bid disclose any and all

payments he has made is committed to or intends to make to agents brokers or any other

intermediaries in connection with the award of the contract

(2) The Bidder(s)Contractor(s) will not instigate third persons to commit offences outlined

above or be an accessory to such offences

Section 3 ndash Disqualification from tender process and exclusion from future contracts

If the Bidder(s)Contractor(s) before contract award or during execution has committed a

transgression through a violation of Section 2 above or in any other form such as to put his

reliability or credibility in question the Principal is entitled to disqualify the

Bidder(s)Contractor(s) from the tender process or take action as per the defined procedure

Section 4 ndash Compensation for Damages

(i) If the Principal has disqualified the Bidder(s) from the tender process prior to the award

according to Section 3 the Principal is entitled to demand and recover the damages

equivalent to Earnest Money Deposit Bid Security

(ii) If the Principal has terminated the contract according to Section 3 or if the Principal is

entitled to terminate the contract according to section 3 the Principal shall be entitled to

demand and recover from the Contractor the amount equivalent to Security Deposit

Performance Bank Guarantee in addition to any other penalties recoveries as per terms

and conditions of the tender

Section 5 ndash Previous transgression

(i) The Bidder declares that no previous transgression occurred in the last 3 years with any

other Company in any country conforming to the Anti-corruption approach or with any

other Public Sector Enterprise in India that could justify his exclusion from the tender

process

(ii) If the Bidder makes incorrect statement on this subject he can be disqualified from the

tender process or action can be taken as per the defined procedure

Section 6 ndash Equal treatment of all BiddersContractorsSubcontractors

41 Signature of the Contractor

(i) The principal will enter into agreements with identical conditions as this one with all

BiddersContractors

(ii) The Bidder(s)Contractor(s) undertake(s) to demand from all subcontractors a

commitment in conformity with this Integrity Pact

(iii) The Principal will disqualify from the tender process all bidders who do not sign this

Pact or violate its provisions

Section 7 ndash Criminal charges against violating

Bidder(s)Contractor(s)Subcontractor(s)

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or

of an employee or a representative or an associate of a Bidder Contractor or

Subcontractor which constitutes corruption or if the Principal has substantive suspicion in

this regard the Principal will inform the Corporate Vigilance Office

Section 8 ndash External Independent MonitorMonitors

1 Principal appoints competent and credible Independent External Monitor for this Pact

The task of the Monitor is to review independently and objectively whether and to what

extent the parties comply with the obligations under this agreement

2 The Monitor is not subject to instructions by the representatives of the parties and

performs his functions neutrally and independently He reports to the CMD of the BSNL

3 The Bidder(s)Contractor(s) accepts that the Monitor has the right to access without

restriction to all Project documentation of the Principal including that provided by the

Contractor The Contractor will also grant the Monitor upon his request and demonstration

of a valid interest unrestricted and unconditional access to his project documentation The

same is applicable to Subcontractors The Monitor is under contractual obligation to treat

the information and documents of the Bidder(s)Contractor(s)Subcontractor(s) with

confidentiality

Notwithstanding anything contained in this Section the Bidder(s)Contractor(s) shall have

no obligation whatsoever to provide any internal costing mechanisms or any internal

financial or commercial data pursuant to any audit or review conducted by or on behalf of

the Principal Further the Bidder(s)Contractor(s) shall not be required to provide any data

relating to its other customers or any personnel or employee related date

4 The Principal will provide to the Monitor 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 Principal and the Contractor The parties offer to the

Monitor the option to participate in such meetings

5 As soon as the Monitor notices or believes to notice a violation of this agreement he

will so inform the Management of the Principal and request the Management to

discontinue or take corrective action or to take other relevant action The monitor can in

this regard submit non-binding recommendations Beyond this the Monitor has no right to

demand from the parties that they act in a specific manner refrain from action or tolerate

action

42 Signature of the Contractor

6 The Monitor will submit a written report to the Chairperson of the Board of the Principal

within 8 to 10 weeks from the date of reference or intimation to him by the lsquoPrincipalrsquo and

should the occasion arise submit proposals for correcting problematic situations

7 If the Monitor has reported to the CMD of the BSNL a substantiated suspicion of an

offence under relevant Anti-Corruption Laws of India and the BSNL has not within

reasonable time taken visible action to proceed against such offence or reported it to the

Corporate Vigilance Office the Monitor may also transmit this information directly to the

Central Vigilance Commissioner Government of India

8 The word lsquoMonitorrsquo would include both singular and plural

Section 9 ndash Pact Duration

This Pact begins when both parties have legally signed it It expires for the Contractor 12

months after the last payment under the contract and for all other Bidders 6 months after

the contract has been awarded

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 dischargeddetermined by

CMD BSNL

Section 10 ndash Other provisions

1 This agreement is subject to Indian Law Place of performance and jurisdiction is the

Registered Office of the Principal ie New Delhi The arbitration clause provided in the

tender document contract shall not be applicable for any issue dispute arising under

Integrity Pact

2 Changes and supplements as well as termination notice need to be made in writing

3 If the Contractor is a partnership or a consortium this agreement must be signed by all

partners or consortium members

4 Should one or several provisions of this agreement turn out to be invalid the remainder

of this agreement remains valid In this case the parties will strive to come to an agreement

to their original intensions

------------------------------------ ----------------------------------

For the Principal For the BidderContractor

Placehelliphelliphelliphelliphelliphelliphelliphellip Witness 1 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphellip Witness 2 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

43 Signature of the Contractor

Anexx-VIII

AGREEMENT

This agreement made on thishelliphelliphellip day of helliphelliphellip Yearhelliphelliphelliphellip Between hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphellipHerein after called ldquo The contractorrdquo (which expression shall unless excluded by or

repugnant to the context include its successors heir executors administrative representative and

assignee) of the one part amp the BSNL (GMTD Mehsana) herein after referred to as the BSNL of

other part Tender No MMTenderMehsana2016-1706 Dated 26102016

Where as the contractor has offered to enter with the said BSNL for the contract for repairing of

EPBT amp CLIP Plan instruments amp Buttons Key in Mehsana SSA Mehsana Telecom District on

the terms and conditions herein contained and the rates approved by the BSNL (copy of rates

annexed) have been dully accepted and whereas the necessary security deposit have been furnished

in accordance with the provision of the tender documents and whereas no interest will be claimed

on the security deposit Now these presents witness and it is hereby agreed and declared by and

between the partiesrsquo presents as follows

(1) The contractor shall during the period of this contract that is to say fromhelliphelliphelliphelliphellipTo

helliphelliphelliphellip or completion of work whichever is earlier or until this contract shall be

determined by such notice as is herein after mentioned safely carried out by means of

Labours employed at his own expense and by means of tools implements of equipments

etc to be supplied by him to his Labours at his own expense all work of repairing of

EPBT amp CLIP instruments as described in tender documents (annexed to the agreement)

when the BSNL or any other person authorized by GMTD Mehsana in that behalf require it

is under stood by the contractor that the quantity of work mentioned in the schedule is

likely to change as per actual requirement as demanded by exigencies of service

(2) The Notice Inviting Tender Bid documents (qualifying and financial) letter of intent

approved rates annexed here to and such other additional particulars instructions

drawings work orders as may be found requisite to be given during execution of work

shall be deemed and taken to be an integral part of the contract and shall be deemed to be

included in the expression ldquoThe agreement) or ldquoThe Contractrdquo wherever herein used

(3) The contractor also supplies the requisite number of workmen with means and materials as

well as tools appliances vehicles for transportation cartage etc required for the proper

execution of work within the prescribed in the work orders

(4) The contractor hereby declares that no body connected with or in the employment of the

BSNL is notshall not ever be admitted as partner in the contract

(5) The contractor shall abide by the terms and conditions rules guide lines constructions

particulars safety precautions etc stipulated in the tender documents including any

correspondence between the contractor and the BSNL having bearing on execution of work

and payments of work to be done under the contract

In witness whereof the partiesrsquo presents have here in to set their representative hands and

seals the day and year in

Signed sealed amp Delivered by

The above named contractor in the presence of

Above written

Witness

(1)

(2) Signed and delivered on behalf of BSNL

Witness

(1)

(2)

44 Signature of the Contractor

ANNEXURE-IX - UNDERTAKING

This deed of undertaking executed on this helliphelliphellip day ofhelliphelliphelliptwo thousand andhelliphellip

by (name of sole proprietorpartnerdirectorauthorized representative the firm

company trust society etc)helliphelliphelliphelliphelliphelliphelliphelliphelliphellipSO helliphelliphelliphelliphelliphelliphelliphellip

residing athelliphelliphelliphelliphelliphelliphelliphelliphelliphellipOn behalf of said helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of the firm company Trust Society etc) having its office athelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

and dully authorized to sign file and verify present undertaking by the said hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of Firm company Society etc) in favour of Bharat Sanchar Nigam Ltd a

Government Of India undertaking having its registered office at Statesman

HouseB-148 Barkhamba Road New Delhi and local office at Administrative

Building Sanchar Bhawan BSNL Pilaji Ganj Mehsana-1 here in after called

BSNL (which terms shall mean and include its successors administrators heirs and

assigns Where as MS BSNL invited bids for repairing of EPBT amp CLIP instruments in Mehsana SSA

IWe participated in the bidding process and emerged as successful bidder with respect to tender No

MMTenderMehsana2016-1706 Dated 26102016

IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Acknowledge that IWe have fully under

stood and aware of the terms amp conditions of the Tendercontract and do hereby unequivocally and

unconditionally undertake and declare that

(1) IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip shall comply with all

the rulesRegulationsLawsGovernment instructionsstatus etc that are

applicable will be made applicable and or are aimed to protect the interest of

the workersemployees engaged by meus in the past and during the course of

performance of the contract with BSNL

(2) IWe shall fully protect indemnity and hold harmless BSNL and its employees

officers Directors agents judgments damages fines penalties and costs

(including legal costs and disbursements) arising from or relating to

Any breach violation of any direction order from any governmental

authority any provisions of the labour laws or any other laws status or

regulations that are or will be aimed to protect the interest of the

workersLabours engaged by the contractors in past and during the

course of this contract

OR

Any other payments claims or liability that may arise for ensuring

compliance of the provisions of any of the labour laws or any other laws

etc OR

Any other claim made by any third party in connection with any violation

of any laws guide lines instructions etc

In witness whereof this undertaking has caused on thehelliphelliphelliphelliphelliphellip

DayhelliphelliphelliphelliphellipMonth ofhelliphelliphellip Year

Date

Place

Signature

Name

Designation

Witness 1 2helliphelliphellip

45 Signature of the Contractor

ANNEXURE-X

E-Tendering Instructions to Bidders

These Special Instructions (for e-Tendering) supplement lsquoGeneral instructions to Biddersrsquo as enclosed in Section IV of this E-Tender Document Wherever there is a conflict the provisions herein shall prevail over those in other pages of this document

Submission of Bids only through online process is mandatory for this Tender

For conducting electronic tendering BSNL Mehsana is using the portal

(httpeprocurementsynisecombsnl1gujarat) of Ms Synise Technologies ltd Pune A - Submission of tender

1 The bidding process will be accepted only through e-tendering platform 2 Availability of e-tendering document e-tender document can be obtained by

downloading it from the website httpeprocurementsynisecombsnl1gujarat the

physical copy of the Tender document would not be available for sale

3 The Tender document shall not be available for download on its submissionclosing date B - General 1 Tender Bidding Methodology

Sealed Bid System ndashldquoSingle Stage using two envelopsrdquo

In this case of two envelope system Financial amp Techno-commercial bids shall be

submitted by the bidder at the same time

2 Broad outline of activities from Bidders prospective

1 Procure a Digital Signing Certificate (DSC)

2 Register on Electronic Tendering System (RETS)

3 Create Users and assign roles on ETS

4 View Notice Inviting Tender (NIT) on ETS

5 Download Official Copy of Tender Documents from ETS

6 Clarification to Tender Documents on ET Query to BSNL (Optional)

View response to queries posted by BSNL as addenda

7 Bid-Submission on ETS

8 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Techno-commercial Part

9 View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond to BSNLrsquos Post-TOE queries

10 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Financial-Part (Only for Technical Responsive Bidders)

For participating in this tender online the following instructions need to be read

carefully These instructions are supplemented with more detailed guidelines on

the relevant screens of the ETS

3 Digital Certificates

For integrity of data and its authenticity non-repudiation of electronic records and be compliant with IT Act 2000 it is necessary for each user to have a Digital Certificate (DC) also referred to as Digital Signature Certificate (DSC) of Class 2 or above issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer httpwwwccagovin]

4 Registration

To use the Electronic Tenderreg portal ( httpeprocurementsynisecombsnl1gujarat) vendor needs to register on the

46 Signature of the Contractor

portal Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e-tendering activities In ETS terminology this person will be referred to as the Super User (SU) of that organization For f u r ther details

p lease v is i t the websiteportal and follow further instructions as given on the site You may also contact tender wizard Helpdesk (as given below) to get your registration acceptedactivated Tender wizard Helpdesk

Telephone 020-30277517 020-30277522020-30277516

[between 1000 hrs to 1800 hrs on working days]

Mobile Nos Mr Hiren Pandar 7774013247 7774013248

E-mail ID helpdesksynisecom [Please mark CC

hirenpsynisecom]

BSNL Contact-1

BSNLrsquos Contact Person AGM MM Mehsana

Telephone Mobile (02762-220855222900)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID agmmmmehbsnlin

BSNL Contact-2

BSNLrsquos Contact Person SDE MM-Mehsana

Telephone Mobile (02762-221855)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID mehsdemm2bsnlin 5 Bid related Information for this Tender (Sealed Bid)

The entire bid-submission would be

online on ETS Broad outline of

submissions are as follows

Submission of digitally signed copy of Tender DocumentsAddendumaddenda

Two Envelopes

Techno-commercial -Part

Financial-Part

Note -

i) If some document is not applicable for the bidder then he has to upload

scanned copy of paper mentioning ldquoThe document ltNamegt called vide

clause helliphelliphelliphelliphelliphelliphellip is not applicable on usrdquo

ii) If document asked for contains more than one page then all those pages may be uploaded in one PDF format file

iii) Please take care to scan documents such that the total size of

documents to be uploaded remains minimum However it shall be sole

responsibility of bidder that the uploaded documents remain eligible

6 Offline Submissions

The bidder is requested to submit the following documents offline to AGM (MM) 2nd Floor Sanchar Bhawan Pilaji Ganj Mehsana-384001 on or before the date amp

time of submission of bids specified in covering letter of this tender

47 Signature of the Contractor

document in a Sealed Envelope The envelope shall bear (name of the tender) the tender number and the words lsquoDO NOT OPEN BEFORErsquo (due date amp time)

1 EMD-Bid Security in Original

2 DD Bankers cheque against payment of tender fee

3 Power of attorney (if applicable) Note The bidder has to upload the Scanned copy of all above said documents during

online Bid submission also

7 Special Note on Security of Bids

Security related functionality has been rigorously implemented in ETS in a multi-dimensional manner Starting with Acceptance of Registration by the Service Provider provision for security has been made at various stages in Electronic Tenderrsquos software Security related aspects as regard Bid Submission are outlined below

As part of the Electronic Encryptertrade functionality the contents of both the lsquoElectronic Formsrsquo and the lsquoMain-Bidrsquo are securely encrypted using a Pass-Phrase created by the Bidder himself Unlike a lsquopasswordrsquo a Pass-Phrase can be a multi-word sentence with spaces between words (eg I love this World) A Pass-Phrase is easier to remember and more difficult to break It is recommended that a separate Pass-Phrase be created for each Bid-Part This method of bid- encryption does not have the security and data-integrity related vulnerabilities which are inherent in E-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid- encryption Bid-encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE) even if there is connivance between the concerned tender- opening officers of the Buyer organization and the personnel of e-tendering service provider

Typically lsquoPass-Phrasersquo of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself when demanded by the concerned Tender Opening Officers who will open the bid Else Tender Opening Officer may authorize the bidder to open his bid himself There is an additional protection with SSL Encryption during transit from the client-end computer of a Supplier organization to the e-tendering server portal

8 Public Online Tender Opening Event (TOE)

ETS offers a unique facility for lsquoPublic Online Tender Opening Event (TOE)rsquo Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices For this purpose representatives of bidders (ie Supplier organization) dully authorized are requested to carry a Laptop and Wireless Connectivity to Internet Every legal requirement for a transparent and secure lsquoPublic Online Tender Opening Event (TOE)rsquo has been implemented on ETS As soon as a Bid is decrypted with the corresponding lsquoPass-Phrasersquo as submitted online by the bidder himself (during the TOE itself) salient points of the Bids are simultaneously made available for downloading by all participating bidders The work of taking notes during a manual lsquoTender Opening Eventrsquo is therefore replaced with this superior and convenient form of lsquoPublic Online Tender Opening Event (TOE)rsquo ETS has a unique facility of lsquoOnline Comparison Chartrsquo which is dynamically updated as each online bid is opened The format of the chart is based on inputs provided by the Buyer for each Tender The information in the Comparison Chart is based on the data submitted by the Bidders in electronic forms A detailed Technical and or Financial Comparison Chart enhances Transparency Detailed instructions are given on relevant screens

48 Signature of the Contractor

ETS has a unique facility of a detailed report titled lsquoMinutes of Online Tender Opening Event (TOE)rsquo covering all important activities of lsquoOnline Tender Opening Event (TOE)rsquo This is available to all participating bidders for lsquoViewing Downloadingrsquo

There are many more facilities and features on ETS For a particular tender the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer

NOTE In case of internet related problem at a bidderrsquos end especially during lsquocritical

eventsrsquo such as ndash a short period before bid-submission deadline during online

public tender opening event etc it is the bidderrsquos responsibility to have backup

internet connections In case there is a problem at the e- procurement

service-providerrsquos end (in the server leased line etc) due to which all the

bidders face a problem during critical events and this is brought to the notice

of BSNL by the bidders in time then BSNL will promptly re-schedule the

affected event(s)

9 Other Instructions

For further instructions the vendor should visit the home-page of the portal

( httpeprocurementsynisecombsnl1gujarat) and go to the User-Guidance Center The help information provided through lsquoETS User-Guidance Centerrsquo is available in three categories ndash

Users intending to Register First-Time Users Logged-in users of Buyer organizations and Logged-in users of Supplier organizations Various links are provided under each of the three categories Note It is strongly recommended that all authorized users of Supplier

organizations should thoroughly peruse the information provided under the

relevant links and take appropriate action This will prevent hiccups and minimize

teething problems during the use of ETS

The following lsquoFOUR KEY INSTRUCTIONS for BIDDERSrsquo must be assiduously adhered to

1 Obtain individual Digital Signing Certificate (DSC or DC) well in advance of

your first tender submission deadline on ETS

2 Register your organization on ETS well in advance of your first tender submission deadline on ETS

3 Get your organizationrsquos concerned executives trained on ETS well in advance of your first tender submission deadline on ETS

4 Submit your bids well in advance of tender submission deadline on ETS as

there could be last minute problems due to internet timeout breakdown etc

While the first three instructions mentioned above are especially relevant to first-time users of ETS the fourth instruction is relevant at all times

10 Minimum Requirements at Bidders end

Computer System with good configuration (Min P IV 1 GB RAM Windows XP)

Broadband connectivity

Microsoft Internet Explorer 60 or above

Digital Certificate(s) for users

49 Signature of the Contractor

ANNEXURE-III

RATE SHEET

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Rate should be quoted in below Rate Sheet

Sr

No

Rates Quoted By Bidder With Respect to SOR (Schedule Of Rate)

Particulars In Figure In Words

1 Above Of SOR

2 Below Of SOR

3 AT PAR

[At Same Rates of SOR]

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

Signature of the Bidder with Seal

Note

1 All faulty instruments are to be repaired except fully broken or fully burnt due to

electric hazards

2 The work may be offered to more than one contractor if required

Signature of the Tenderer with seal

Full Name _____________________

Full Address________________________

  • TABLE OF CONTENTS
    • CERTIFICATE REGARDING NEAR RLATIVES
      • LETTEROF AUTHORISATION FOR ATTENDING BID OPENING
      • Signed sealed amp Delivered by
      • Above written
        • ANNEXURE-IX - UNDERTAKING

28 Signature of the Contractor

SECTION ndash V

SPCECIAL CONDITIONS

Work Orders shall be issued by concerned SDE approved by DE

1 Scope of the work Repairing of faulty electronic CLIP push button telephone

instruments buttons key including plan instrument It shall cover all instruments

including those having PCB Display of CLI and burnt out due to their connections

to powers inadvertently but excluding PBT with bakelite portion broken

discolored

2 Collection of faulty instruments

A For lifting of faulty instruments the minimum lot size will be of 20 units

the SDEexchange in charge will intimate the quantity of faulty instruments

accumulated with him over telephone or by FAX to the contractor

B The contractor shall ensure the collection of the faulty instruments within

three working days of the date at giving work order or intimation over telephone or

by FAX on working days between 10 AM to 17 PM at his cost

C The contractor shall acknowledge the receipt of the faulty instruments made

over to him

3 Duration of repair

A The contractor shall repair the faulty instruments at his own work-shop and

return the same to SDEexchange in-charge concerned at his own cost within one

week of its collection (for calculating one week the day of collection and day of

handing over will be inclusive)

B After carrying out repairs of the faulty instruments the contractor shall

offer the instruments to SDEExchange in-charge or JTO nominated by him for

inspection and testing one day before the expiry of schedule delivery date The

decision of the inspecting officer as to accept the repaired instruments will be final

and binding on contractor

C The contractor shall pack each repaired instrument suitably in a

polythene bag after polishingbuffing while returning them to SDE

D The contractor shall paste stiker with date of repairing on back side of

each repaired instrument while returning them to SDE

E The repaired instruments shall be returned back to the same SDEExchange

in-charge unless specified otherwise from where these instruments were collected

for repairs

4 Warranty repair

The contractor will undertake quality repair which will ensure the normal

troubledefect free performance of the instruments for a period of 12 months from

the date of inspection and clearance In case the repaired instruments develops

any defect or any deficiency or fault ie it becomes faulty during the warranty

29 Signature of the Contractor

period the contractor shall rectify repair and remedy such defects deficiency in the

repaired instruments at his own cost and expenses

5 A Method of evaluation

Tenders will be evaluated with reference to the total cost worked out by

multiplying rates quoted by Tenderer with approximate number of EPBT amp

CLIP Instruments as shown in the price bid

B Reports

1 The contractor shall furnish a summary of fault found and namedetails of

the components replaced in the instruments repaired while offering them for

inspection

2 The contractor shall also furnish a quarterly analysis of faulty and repaired

batch wise as per Annexure-I

6 Quality of components

The contractor shall use good quality components for repairs of the instruments

The replaced parts should be purchased by the contractor from DOT approved

source s

7 Liquidated damage

1 Delay in collection Rs 5- per instruments per week or part thereof for

entire lot of unserviceable instruments collected delayed subject to a

maximum of Rs 20- per instruments In case timely collection is not don as

per Para 2(B) above

2 Delay in delivery Rs2 per instrument per week or part thereof on the

entire lot of instruments delivered delayed in case delivery not made timely

as per Para 3 above

8 Quantum of EMD and PSD

EMD as per NIT - to be paid either in cash or in form of DDBankerrsquos

ChequePay Order from NationalizedScheduled Bank in favour of Accounts

Officer (Cash) BSNL Oo GMTD ndash Mehsana payable at Mehsana

Performance Security Deposit 10 of estimated cost of tender payable either in cash or DD or in form of Bank guarantee

from Nationalized BankScheduled Bank for a period of 24 months which will be released or refunded after successful

completion of contract and no due pending against contractor 9 Extension of validity of RRC period Period of RRC will normally

be one year However GMTD Mehsana reserves the right to extend it for a further period of six months or one year or part

there of under the same rates and terms and conditions

Estimated cost for the second year or part there of shall be considered same as approved for first year or part

there of on pro-rata basis

30 Signature of the Contractor

10 Eligibility The bidder should have

Experience of repairing of CLIP or EPBT Instruments in DOTBSNLGovt

PSU Private SectorFirm for one year during last five years as per NIT

11 Documents to be submitted with Technical Bid (Qualifying Bid) to establish

their eligibility for bidding

111 Experience certificate (self attested copy) issued by not below the rank of DEAGM in

DOTBSNLGovtPSUPrivate SectorFirm as required under clause 10 above

112 Self attested Copy of registration of firm (not required for proprietorship)

113 For EPF particulars submit the EPF registration certificate if applicable

(If not applicable submit the clarification as to how not applicable and submit

undertaking on Non judicial stamp paper of Rs 50- regarding submission of it within

one month after the agreement with BSNL Mehsana) If the firms which are under

partnership deed Company Pvt Ltd shall have to submit EPF registration certificate

If not obtain they shall have to obtain the earliest and latest by the time of agreement

They shall have to submit necessary undertaking certificate for this in ANNEXURE-

VI

114 Self attested Copy of Registration particulars with Central Excise for Service Tax If

undertaking is given he shall have to submit within one month before agreement failing

which there will be no agreement (If Service tax is not applicable he shall have to

submit reasons as to how it is not applicable)

115 Partnership deed amp power of attorney who has signed the bid (self attested copy) if

applicable

116 Bio-data of Tenderer in ANNAXURE--IV

117 Declaration to be given in ANNEXURE-II A amp II B

12 Rates to be quoted in ANNEXURE-III In Financial Bid to be submitted separately

in sealed cover

13 GMTD Mehsana reserves the rights to terminate RRC for breach of condition

conditions of the agreement after giving a show cause notice of 14 days and after

examination reply if any filled by him pursuance to show cause notice

14 EPF contribution in respect of LabourEmployees employed by the contractor for

execution of works of BSNL if applicable The contractor will have to

fulfillcompliance of the provisions of EPF amp Misc provisions Act1952 amp Employees

provident fund scheme-1952 by the contractor in respect of LaboursEmployees

engaged by them for performing the work of BSNL while submitting the claim of bills

towards works executed by him if applicable he must accompany the

i List showing the details of LaboursEmployees engaged

ii Duration of their engagement

iii The amount of wages paid to such LaboursEmployees for the duration in question

iv Amount of EPF contribution (both employees amp employers contribution) for the

duration of engagement in question paid to the EPF authorities

31 Signature of the Contractor

v Copies of authenticated documents of payments of such contributions to

EPF authorities and a declaration for compliance of EPF Act 1952

15 The BSNL reserves the right to disqualify such bidders who have a record of not

meeting contractual obligation against earlier contracts entered into with the

BSNL MEHSANA

16 Multiple Vendor System -The BSNL Mehsana intends to limit the number

of technically amp commercially responsive bidders to (Maximum three) from

the list of such bidders arranged in increasing order of their evaluated rate

starting from the lowest for the purpose of award of work against this

tender The distribution of quantum of work among the bidders is as per

clause of Section ndash of tender document

ldquoHowever SSA Head Mehsana reserve the right for the award of contract amp

work of entire tendered quantity to the bidder with the lowest evaluated

ratesrdquo

17 NOTE-

Tender documents containing detailed description of work terms amp conditions can be

had from Asstt General Manager (MM) Oo GMTD Mehsana 2nd Floor Admn

Building Sanchar Bhawan Pilaji Ganj Mehsana-384001 between 10=00 hours to

17=00 hours from 26102016 to 17112016 on all working days

Asstt General Manager (MM) Oo GMTD Mehsana ndash 384001

32 Signature of the Contractor

SECTION ndashVI

1 Specification and Tentative Quantum of work for repairing of EPBT amp

CLIP (approximate)

Sr

No

Name of SDE Unit

[Concern Supervising

Authority]

Quantum of Works for Tender for repairing

of EPBT amp CLIP Instruments [In No]

CLIP Inst EPBT

Inst

Buttons

Key

Plan Inst

1 SDE P MEHSANA 750 900 3 5

2 SDE G MEHSANA 225 250 5 0

3 SDE G CHANASAMA 100 0 5 0

4 SDE G CHHATRAL 350 200 0 0

5 SDEP KADI 50 0 0 0

6 SDEG KADI 50 0 0 0

7 SDEP KALOL 750 450 7 0

8 SDEG KALOL 150 50 0 0

9 SDEP VIJAPUR 60 85 2 0

10 SDEG VIJAPUR 75 95 2 0

11 SDEG MNSGZR 50 80 3 0

12 SDEG KUKARWADA 50 75 2 0

13 SDEP VISNAGAR 350 200 5 0

14 SDEG VISNAGAR 150 75 4 0

15 SDEG VADNAGAR 100 25 4 0

16 SDEG SATLASANA 75 40 3 0

17 SDEG KHERALU 100 50 3 0

18 SDEP UNJHA 500 400 3 0

19 SDEG UNJHA 100 113 2 0

20 SDEP SIDHPUR 450 300 3 0

21 SDEG SIDHPUR 200 200 5 0

22 SDEP PATAN 350 150 5 0

23 SDEG PATAN 100 50 5 0

24 SDEG HRJSAMI 100 50 4 0

Total 5235 3838 75 5

33 Signature of the Contractor

SECTION ndashVII

STANDARD SCHEDULE OF RATE (SOR) FOR REPARING OF EPBT

AND CLIP INSTRUMENT IN MEHSANA TELECOM DISTRICT (MEHSANA SSA)

To

GMTD Mehsana

Sub - Our Financial Bid for repairing of EPBT amp CLIP Instruments in Mehsana SSA

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Sir

Having examined the tender documents terms amp conditions specification of work

stipulated there in IWe the undersigned offer our rates in percentage as under

Brief description of items for

Repairing under ARC

Approx Quantity to be

repaired under ARC

SOR Per Instrument

(a) (b) (c)

(1) Repairing of CLIP Telephones

instruments

5235 No Rs 55-

(2) Repairing of Electronics Push

Button Telephones (EPBT)

3838 No Rs 23-

(3) Repairing of Buttons Key

75 No Rs 26-

(3) Repairing of Plan Instruments

5 No Rs 39-

Note- The Quantity of Clip instrument ( 5500) may be consider which AMC will be expired as per given below -

(1) AMC of 1400 PTPL instrument may be expired on 23092016

(2) AMC of 3100 PTPL instrument may be expired on 21012017

(3) AMC of 1000 PTPL instrument may be expired on 25032017

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

34 Signature of the Contractor

ANNEXURE-I

Fault analysis report of instruments of quarter ending

No of faulty

instruments

with

contractor at

the

beginning of

the period

No of faulty instruments

received by contractor

during the quarter

No of faulty instruments

repaired and returned to

Depot officer

CF No of

faulty

instruments

with

contractor

In warranty Out of

warranty

In warranty Out of

warranty

1

2

Nature of Fault

Type No Of instruments

No

dial

tone

Dial

faulty

No

ring

Poor

speechdisturbance

Dead Display

Fault

No fault

foundMisc

In

warrant

Out of

warranty

Repairing carried out

Type Faults in

TransmitterReceiver Ringer Contract

foil

PCB

Fault

Disply No fault

foundMisc

In

warrant

Out of

warranty

35 Signature of the Contractor

ANNEXURE ndashII

DECLARATION

(TO BE SUBMITTED WITH TECHNICAL BID)

IWe hereby declare that IWe have carefully gone through the Terms amp Conditions of

Tender Notice Invited vide No MMTenderMehsana2016-1706 Dated 26102016 in

detail and agree to the rate submitted by MeUs in the rate sheet and IWe agree in full to

abide by them

1) Signature of the Party ___________________________________

Full Name ___________________________________

(In block letter) ___________________________________

2) Full address ___________________________________

___________________________________

___________________________________

___________________________________

Tele No (O)________________________________

(R)________________________________

3) Capacity in which the __________________________________

Tender is signed

Rubber stamp is required) __________________________________

__________________________________

Date Signature of the Tenderer with seal

36 Signature of the Contractor

ANNEXURE ndash IV

DECLARATION REGARDING EPF TO BE GIVEN ON NON-JUDICIAL STAMPS

PAPER OF RS 100-

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

I helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipProprietor of

Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip do here by declare

that I am the proprietor of my above firm I am carrying out the repairing of

EPBT amp CLIP my self I do not engage labour So EPF is not applicable to

me

However the decision of the competent authority shall be binding to me in

this regard

Name of the Bidder

Signature of the Bidder with Seal

37 Signature of the Contractor

ANNEXURE ndash V

Undertaking to be given for compliance of EPF Registration certificate

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

We the partners Directors of the firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Do here by undertake that if our tender is accepted we will submit the EPF Registration

certification at the earliest latest by one month after the agreement carried out with the

BSNL Mehsana for execution of works for repairing of EPBT amp CLIP Instruments in

Mehsana SSA failing which the decision of the competent authority will be binding on us

To be signed by all Partners directors

38 Signature of the Contractor

ANNEXURE ndash VI

LETTEROF AUTHORISATION FOR ATTENDING BID OPENING

Tender Number MMTenderMehsana2016-1706 Dated 26102016

Subject Authorisation for attending bid opening on___________________(date) the

tender of following persons are hereby authorised to attend the bid opening

for the tender mentioned above on behalf of ______________________

(Bidder) in order of preference given below

Order of Preference Name

Specimen Signatures

I

II

Alternate

Representative

Signatures of

bidder

Or

Officer authorised to sign the bid

Documents on behalf of the bidder

No 1 Maximum of two representatives will be permitted to attend bid opening In

case where it is restricted to one first preference will be allowed Alternate

representative will be permitted when regular representatives are not to able

attending

2 Permission for entry to the hall where bids are opened may be refused in case

authorisation as prescribed above is not recovered

39 Signature of the Contractor

ANNEXURE ndash VII

INTEGRITY PACT

Between

Bharat Sanchar Nigam Limited (BSNL) GMTD-Mehsana hereinafter referred to as ldquoThe

Principalrdquo

And

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphereinafter referred to as ldquoThe BidderContractorrdquo

Preamble

The Principal intends to award under laid down organizational procedures contracts for --

----------------------------------------- The Principal values full compliance with all relevant

laws and regulations and the principles of economic use of resources and of fairness and

transparency in its relations with its Bidders and Contractors

In order to achieve these goals the Principal will appoint an Independent External Monitor

who will monitor the tender process and the execution of the contract for compliance with

the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to

observe the following principles -

(a) No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for

or accept for himherself or third person any material or immaterial benefit which heshe

is not legally entitled to

(b) The Principal will during the tender process treat all Bidder(s) with equity and reason

The Principal will in particular before and during the tender process provide to all

Bidder(s) the same information and will not provide to any Bidder(s)

confidentialadditional information through which the Bidder(s) could obtain an advantage

in relation to the tender process or the contract execution

(c) The Principal will exclude from the process all known prejudiced persons

(2) If the Principal obtains information on the conduct of any of its employees which is a

criminal offence under the relevant Anti-Corruption Laws of India or if there be a

substantive suspicion in this regard the Principal will inform its Vigilance Office and in

addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder(s)Contractor(s)

(1) The Bidder(s)Contractor(s) commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation

in the tender process and during the contract execution

(a) The Bidder(s)Contractor(s) will not directly or through any other person or firm offer

promise or give to any of the Principalrsquos employees involved in the tender process or the

40 Signature of the Contractor

execution of the contract or to any third person any material or immaterial benefit which

heshe is not legally entitled to in order to obtain in exchange any advantage of any kind

whatsoever during the tender process or during the execution of the contract

(b) The Bidder(s)Contractor(s) will not enter with other Bidder(s) 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

(c) The Bidder(s)Contractor(s) will not commit any offence under the relevant Anti-

corruption Laws of India further the Bidder(s)Contractor(s) will not use improperly for

purposes of competition or personal gain or pass on to others any information or

document provided by the Principal as part of the business relationship regarding plans

technical proposals and business details including information contained or transmitted

electronically

(d) The Bidder(s)Contractor(s) will when presenting his bid disclose any and all

payments he has made is committed to or intends to make to agents brokers or any other

intermediaries in connection with the award of the contract

(2) The Bidder(s)Contractor(s) will not instigate third persons to commit offences outlined

above or be an accessory to such offences

Section 3 ndash Disqualification from tender process and exclusion from future contracts

If the Bidder(s)Contractor(s) before contract award or during execution has committed a

transgression through a violation of Section 2 above or in any other form such as to put his

reliability or credibility in question the Principal is entitled to disqualify the

Bidder(s)Contractor(s) from the tender process or take action as per the defined procedure

Section 4 ndash Compensation for Damages

(i) If the Principal has disqualified the Bidder(s) from the tender process prior to the award

according to Section 3 the Principal is entitled to demand and recover the damages

equivalent to Earnest Money Deposit Bid Security

(ii) If the Principal has terminated the contract according to Section 3 or if the Principal is

entitled to terminate the contract according to section 3 the Principal shall be entitled to

demand and recover from the Contractor the amount equivalent to Security Deposit

Performance Bank Guarantee in addition to any other penalties recoveries as per terms

and conditions of the tender

Section 5 ndash Previous transgression

(i) The Bidder declares that no previous transgression occurred in the last 3 years with any

other Company in any country conforming to the Anti-corruption approach or with any

other Public Sector Enterprise in India that could justify his exclusion from the tender

process

(ii) If the Bidder makes incorrect statement on this subject he can be disqualified from the

tender process or action can be taken as per the defined procedure

Section 6 ndash Equal treatment of all BiddersContractorsSubcontractors

41 Signature of the Contractor

(i) The principal will enter into agreements with identical conditions as this one with all

BiddersContractors

(ii) The Bidder(s)Contractor(s) undertake(s) to demand from all subcontractors a

commitment in conformity with this Integrity Pact

(iii) The Principal will disqualify from the tender process all bidders who do not sign this

Pact or violate its provisions

Section 7 ndash Criminal charges against violating

Bidder(s)Contractor(s)Subcontractor(s)

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or

of an employee or a representative or an associate of a Bidder Contractor or

Subcontractor which constitutes corruption or if the Principal has substantive suspicion in

this regard the Principal will inform the Corporate Vigilance Office

Section 8 ndash External Independent MonitorMonitors

1 Principal appoints competent and credible Independent External Monitor for this Pact

The task of the Monitor is to review independently and objectively whether and to what

extent the parties comply with the obligations under this agreement

2 The Monitor is not subject to instructions by the representatives of the parties and

performs his functions neutrally and independently He reports to the CMD of the BSNL

3 The Bidder(s)Contractor(s) accepts that the Monitor has the right to access without

restriction to all Project documentation of the Principal including that provided by the

Contractor The Contractor will also grant the Monitor upon his request and demonstration

of a valid interest unrestricted and unconditional access to his project documentation The

same is applicable to Subcontractors The Monitor is under contractual obligation to treat

the information and documents of the Bidder(s)Contractor(s)Subcontractor(s) with

confidentiality

Notwithstanding anything contained in this Section the Bidder(s)Contractor(s) shall have

no obligation whatsoever to provide any internal costing mechanisms or any internal

financial or commercial data pursuant to any audit or review conducted by or on behalf of

the Principal Further the Bidder(s)Contractor(s) shall not be required to provide any data

relating to its other customers or any personnel or employee related date

4 The Principal will provide to the Monitor 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 Principal and the Contractor The parties offer to the

Monitor the option to participate in such meetings

5 As soon as the Monitor notices or believes to notice a violation of this agreement he

will so inform the Management of the Principal and request the Management to

discontinue or take corrective action or to take other relevant action The monitor can in

this regard submit non-binding recommendations Beyond this the Monitor has no right to

demand from the parties that they act in a specific manner refrain from action or tolerate

action

42 Signature of the Contractor

6 The Monitor will submit a written report to the Chairperson of the Board of the Principal

within 8 to 10 weeks from the date of reference or intimation to him by the lsquoPrincipalrsquo and

should the occasion arise submit proposals for correcting problematic situations

7 If the Monitor has reported to the CMD of the BSNL a substantiated suspicion of an

offence under relevant Anti-Corruption Laws of India and the BSNL has not within

reasonable time taken visible action to proceed against such offence or reported it to the

Corporate Vigilance Office the Monitor may also transmit this information directly to the

Central Vigilance Commissioner Government of India

8 The word lsquoMonitorrsquo would include both singular and plural

Section 9 ndash Pact Duration

This Pact begins when both parties have legally signed it It expires for the Contractor 12

months after the last payment under the contract and for all other Bidders 6 months after

the contract has been awarded

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 dischargeddetermined by

CMD BSNL

Section 10 ndash Other provisions

1 This agreement is subject to Indian Law Place of performance and jurisdiction is the

Registered Office of the Principal ie New Delhi The arbitration clause provided in the

tender document contract shall not be applicable for any issue dispute arising under

Integrity Pact

2 Changes and supplements as well as termination notice need to be made in writing

3 If the Contractor is a partnership or a consortium this agreement must be signed by all

partners or consortium members

4 Should one or several provisions of this agreement turn out to be invalid the remainder

of this agreement remains valid In this case the parties will strive to come to an agreement

to their original intensions

------------------------------------ ----------------------------------

For the Principal For the BidderContractor

Placehelliphelliphelliphelliphelliphelliphelliphellip Witness 1 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphellip Witness 2 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

43 Signature of the Contractor

Anexx-VIII

AGREEMENT

This agreement made on thishelliphelliphellip day of helliphelliphellip Yearhelliphelliphelliphellip Between hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphellipHerein after called ldquo The contractorrdquo (which expression shall unless excluded by or

repugnant to the context include its successors heir executors administrative representative and

assignee) of the one part amp the BSNL (GMTD Mehsana) herein after referred to as the BSNL of

other part Tender No MMTenderMehsana2016-1706 Dated 26102016

Where as the contractor has offered to enter with the said BSNL for the contract for repairing of

EPBT amp CLIP Plan instruments amp Buttons Key in Mehsana SSA Mehsana Telecom District on

the terms and conditions herein contained and the rates approved by the BSNL (copy of rates

annexed) have been dully accepted and whereas the necessary security deposit have been furnished

in accordance with the provision of the tender documents and whereas no interest will be claimed

on the security deposit Now these presents witness and it is hereby agreed and declared by and

between the partiesrsquo presents as follows

(1) The contractor shall during the period of this contract that is to say fromhelliphelliphelliphelliphellipTo

helliphelliphelliphellip or completion of work whichever is earlier or until this contract shall be

determined by such notice as is herein after mentioned safely carried out by means of

Labours employed at his own expense and by means of tools implements of equipments

etc to be supplied by him to his Labours at his own expense all work of repairing of

EPBT amp CLIP instruments as described in tender documents (annexed to the agreement)

when the BSNL or any other person authorized by GMTD Mehsana in that behalf require it

is under stood by the contractor that the quantity of work mentioned in the schedule is

likely to change as per actual requirement as demanded by exigencies of service

(2) The Notice Inviting Tender Bid documents (qualifying and financial) letter of intent

approved rates annexed here to and such other additional particulars instructions

drawings work orders as may be found requisite to be given during execution of work

shall be deemed and taken to be an integral part of the contract and shall be deemed to be

included in the expression ldquoThe agreement) or ldquoThe Contractrdquo wherever herein used

(3) The contractor also supplies the requisite number of workmen with means and materials as

well as tools appliances vehicles for transportation cartage etc required for the proper

execution of work within the prescribed in the work orders

(4) The contractor hereby declares that no body connected with or in the employment of the

BSNL is notshall not ever be admitted as partner in the contract

(5) The contractor shall abide by the terms and conditions rules guide lines constructions

particulars safety precautions etc stipulated in the tender documents including any

correspondence between the contractor and the BSNL having bearing on execution of work

and payments of work to be done under the contract

In witness whereof the partiesrsquo presents have here in to set their representative hands and

seals the day and year in

Signed sealed amp Delivered by

The above named contractor in the presence of

Above written

Witness

(1)

(2) Signed and delivered on behalf of BSNL

Witness

(1)

(2)

44 Signature of the Contractor

ANNEXURE-IX - UNDERTAKING

This deed of undertaking executed on this helliphelliphellip day ofhelliphelliphelliptwo thousand andhelliphellip

by (name of sole proprietorpartnerdirectorauthorized representative the firm

company trust society etc)helliphelliphelliphelliphelliphelliphelliphelliphelliphellipSO helliphelliphelliphelliphelliphelliphelliphellip

residing athelliphelliphelliphelliphelliphelliphelliphelliphelliphellipOn behalf of said helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of the firm company Trust Society etc) having its office athelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

and dully authorized to sign file and verify present undertaking by the said hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of Firm company Society etc) in favour of Bharat Sanchar Nigam Ltd a

Government Of India undertaking having its registered office at Statesman

HouseB-148 Barkhamba Road New Delhi and local office at Administrative

Building Sanchar Bhawan BSNL Pilaji Ganj Mehsana-1 here in after called

BSNL (which terms shall mean and include its successors administrators heirs and

assigns Where as MS BSNL invited bids for repairing of EPBT amp CLIP instruments in Mehsana SSA

IWe participated in the bidding process and emerged as successful bidder with respect to tender No

MMTenderMehsana2016-1706 Dated 26102016

IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Acknowledge that IWe have fully under

stood and aware of the terms amp conditions of the Tendercontract and do hereby unequivocally and

unconditionally undertake and declare that

(1) IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip shall comply with all

the rulesRegulationsLawsGovernment instructionsstatus etc that are

applicable will be made applicable and or are aimed to protect the interest of

the workersemployees engaged by meus in the past and during the course of

performance of the contract with BSNL

(2) IWe shall fully protect indemnity and hold harmless BSNL and its employees

officers Directors agents judgments damages fines penalties and costs

(including legal costs and disbursements) arising from or relating to

Any breach violation of any direction order from any governmental

authority any provisions of the labour laws or any other laws status or

regulations that are or will be aimed to protect the interest of the

workersLabours engaged by the contractors in past and during the

course of this contract

OR

Any other payments claims or liability that may arise for ensuring

compliance of the provisions of any of the labour laws or any other laws

etc OR

Any other claim made by any third party in connection with any violation

of any laws guide lines instructions etc

In witness whereof this undertaking has caused on thehelliphelliphelliphelliphelliphellip

DayhelliphelliphelliphelliphellipMonth ofhelliphelliphellip Year

Date

Place

Signature

Name

Designation

Witness 1 2helliphelliphellip

45 Signature of the Contractor

ANNEXURE-X

E-Tendering Instructions to Bidders

These Special Instructions (for e-Tendering) supplement lsquoGeneral instructions to Biddersrsquo as enclosed in Section IV of this E-Tender Document Wherever there is a conflict the provisions herein shall prevail over those in other pages of this document

Submission of Bids only through online process is mandatory for this Tender

For conducting electronic tendering BSNL Mehsana is using the portal

(httpeprocurementsynisecombsnl1gujarat) of Ms Synise Technologies ltd Pune A - Submission of tender

1 The bidding process will be accepted only through e-tendering platform 2 Availability of e-tendering document e-tender document can be obtained by

downloading it from the website httpeprocurementsynisecombsnl1gujarat the

physical copy of the Tender document would not be available for sale

3 The Tender document shall not be available for download on its submissionclosing date B - General 1 Tender Bidding Methodology

Sealed Bid System ndashldquoSingle Stage using two envelopsrdquo

In this case of two envelope system Financial amp Techno-commercial bids shall be

submitted by the bidder at the same time

2 Broad outline of activities from Bidders prospective

1 Procure a Digital Signing Certificate (DSC)

2 Register on Electronic Tendering System (RETS)

3 Create Users and assign roles on ETS

4 View Notice Inviting Tender (NIT) on ETS

5 Download Official Copy of Tender Documents from ETS

6 Clarification to Tender Documents on ET Query to BSNL (Optional)

View response to queries posted by BSNL as addenda

7 Bid-Submission on ETS

8 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Techno-commercial Part

9 View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond to BSNLrsquos Post-TOE queries

10 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Financial-Part (Only for Technical Responsive Bidders)

For participating in this tender online the following instructions need to be read

carefully These instructions are supplemented with more detailed guidelines on

the relevant screens of the ETS

3 Digital Certificates

For integrity of data and its authenticity non-repudiation of electronic records and be compliant with IT Act 2000 it is necessary for each user to have a Digital Certificate (DC) also referred to as Digital Signature Certificate (DSC) of Class 2 or above issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer httpwwwccagovin]

4 Registration

To use the Electronic Tenderreg portal ( httpeprocurementsynisecombsnl1gujarat) vendor needs to register on the

46 Signature of the Contractor

portal Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e-tendering activities In ETS terminology this person will be referred to as the Super User (SU) of that organization For f u r ther details

p lease v is i t the websiteportal and follow further instructions as given on the site You may also contact tender wizard Helpdesk (as given below) to get your registration acceptedactivated Tender wizard Helpdesk

Telephone 020-30277517 020-30277522020-30277516

[between 1000 hrs to 1800 hrs on working days]

Mobile Nos Mr Hiren Pandar 7774013247 7774013248

E-mail ID helpdesksynisecom [Please mark CC

hirenpsynisecom]

BSNL Contact-1

BSNLrsquos Contact Person AGM MM Mehsana

Telephone Mobile (02762-220855222900)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID agmmmmehbsnlin

BSNL Contact-2

BSNLrsquos Contact Person SDE MM-Mehsana

Telephone Mobile (02762-221855)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID mehsdemm2bsnlin 5 Bid related Information for this Tender (Sealed Bid)

The entire bid-submission would be

online on ETS Broad outline of

submissions are as follows

Submission of digitally signed copy of Tender DocumentsAddendumaddenda

Two Envelopes

Techno-commercial -Part

Financial-Part

Note -

i) If some document is not applicable for the bidder then he has to upload

scanned copy of paper mentioning ldquoThe document ltNamegt called vide

clause helliphelliphelliphelliphelliphelliphellip is not applicable on usrdquo

ii) If document asked for contains more than one page then all those pages may be uploaded in one PDF format file

iii) Please take care to scan documents such that the total size of

documents to be uploaded remains minimum However it shall be sole

responsibility of bidder that the uploaded documents remain eligible

6 Offline Submissions

The bidder is requested to submit the following documents offline to AGM (MM) 2nd Floor Sanchar Bhawan Pilaji Ganj Mehsana-384001 on or before the date amp

time of submission of bids specified in covering letter of this tender

47 Signature of the Contractor

document in a Sealed Envelope The envelope shall bear (name of the tender) the tender number and the words lsquoDO NOT OPEN BEFORErsquo (due date amp time)

1 EMD-Bid Security in Original

2 DD Bankers cheque against payment of tender fee

3 Power of attorney (if applicable) Note The bidder has to upload the Scanned copy of all above said documents during

online Bid submission also

7 Special Note on Security of Bids

Security related functionality has been rigorously implemented in ETS in a multi-dimensional manner Starting with Acceptance of Registration by the Service Provider provision for security has been made at various stages in Electronic Tenderrsquos software Security related aspects as regard Bid Submission are outlined below

As part of the Electronic Encryptertrade functionality the contents of both the lsquoElectronic Formsrsquo and the lsquoMain-Bidrsquo are securely encrypted using a Pass-Phrase created by the Bidder himself Unlike a lsquopasswordrsquo a Pass-Phrase can be a multi-word sentence with spaces between words (eg I love this World) A Pass-Phrase is easier to remember and more difficult to break It is recommended that a separate Pass-Phrase be created for each Bid-Part This method of bid- encryption does not have the security and data-integrity related vulnerabilities which are inherent in E-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid- encryption Bid-encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE) even if there is connivance between the concerned tender- opening officers of the Buyer organization and the personnel of e-tendering service provider

Typically lsquoPass-Phrasersquo of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself when demanded by the concerned Tender Opening Officers who will open the bid Else Tender Opening Officer may authorize the bidder to open his bid himself There is an additional protection with SSL Encryption during transit from the client-end computer of a Supplier organization to the e-tendering server portal

8 Public Online Tender Opening Event (TOE)

ETS offers a unique facility for lsquoPublic Online Tender Opening Event (TOE)rsquo Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices For this purpose representatives of bidders (ie Supplier organization) dully authorized are requested to carry a Laptop and Wireless Connectivity to Internet Every legal requirement for a transparent and secure lsquoPublic Online Tender Opening Event (TOE)rsquo has been implemented on ETS As soon as a Bid is decrypted with the corresponding lsquoPass-Phrasersquo as submitted online by the bidder himself (during the TOE itself) salient points of the Bids are simultaneously made available for downloading by all participating bidders The work of taking notes during a manual lsquoTender Opening Eventrsquo is therefore replaced with this superior and convenient form of lsquoPublic Online Tender Opening Event (TOE)rsquo ETS has a unique facility of lsquoOnline Comparison Chartrsquo which is dynamically updated as each online bid is opened The format of the chart is based on inputs provided by the Buyer for each Tender The information in the Comparison Chart is based on the data submitted by the Bidders in electronic forms A detailed Technical and or Financial Comparison Chart enhances Transparency Detailed instructions are given on relevant screens

48 Signature of the Contractor

ETS has a unique facility of a detailed report titled lsquoMinutes of Online Tender Opening Event (TOE)rsquo covering all important activities of lsquoOnline Tender Opening Event (TOE)rsquo This is available to all participating bidders for lsquoViewing Downloadingrsquo

There are many more facilities and features on ETS For a particular tender the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer

NOTE In case of internet related problem at a bidderrsquos end especially during lsquocritical

eventsrsquo such as ndash a short period before bid-submission deadline during online

public tender opening event etc it is the bidderrsquos responsibility to have backup

internet connections In case there is a problem at the e- procurement

service-providerrsquos end (in the server leased line etc) due to which all the

bidders face a problem during critical events and this is brought to the notice

of BSNL by the bidders in time then BSNL will promptly re-schedule the

affected event(s)

9 Other Instructions

For further instructions the vendor should visit the home-page of the portal

( httpeprocurementsynisecombsnl1gujarat) and go to the User-Guidance Center The help information provided through lsquoETS User-Guidance Centerrsquo is available in three categories ndash

Users intending to Register First-Time Users Logged-in users of Buyer organizations and Logged-in users of Supplier organizations Various links are provided under each of the three categories Note It is strongly recommended that all authorized users of Supplier

organizations should thoroughly peruse the information provided under the

relevant links and take appropriate action This will prevent hiccups and minimize

teething problems during the use of ETS

The following lsquoFOUR KEY INSTRUCTIONS for BIDDERSrsquo must be assiduously adhered to

1 Obtain individual Digital Signing Certificate (DSC or DC) well in advance of

your first tender submission deadline on ETS

2 Register your organization on ETS well in advance of your first tender submission deadline on ETS

3 Get your organizationrsquos concerned executives trained on ETS well in advance of your first tender submission deadline on ETS

4 Submit your bids well in advance of tender submission deadline on ETS as

there could be last minute problems due to internet timeout breakdown etc

While the first three instructions mentioned above are especially relevant to first-time users of ETS the fourth instruction is relevant at all times

10 Minimum Requirements at Bidders end

Computer System with good configuration (Min P IV 1 GB RAM Windows XP)

Broadband connectivity

Microsoft Internet Explorer 60 or above

Digital Certificate(s) for users

49 Signature of the Contractor

ANNEXURE-III

RATE SHEET

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Rate should be quoted in below Rate Sheet

Sr

No

Rates Quoted By Bidder With Respect to SOR (Schedule Of Rate)

Particulars In Figure In Words

1 Above Of SOR

2 Below Of SOR

3 AT PAR

[At Same Rates of SOR]

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

Signature of the Bidder with Seal

Note

1 All faulty instruments are to be repaired except fully broken or fully burnt due to

electric hazards

2 The work may be offered to more than one contractor if required

Signature of the Tenderer with seal

Full Name _____________________

Full Address________________________

  • TABLE OF CONTENTS
    • CERTIFICATE REGARDING NEAR RLATIVES
      • LETTEROF AUTHORISATION FOR ATTENDING BID OPENING
      • Signed sealed amp Delivered by
      • Above written
        • ANNEXURE-IX - UNDERTAKING

29 Signature of the Contractor

period the contractor shall rectify repair and remedy such defects deficiency in the

repaired instruments at his own cost and expenses

5 A Method of evaluation

Tenders will be evaluated with reference to the total cost worked out by

multiplying rates quoted by Tenderer with approximate number of EPBT amp

CLIP Instruments as shown in the price bid

B Reports

1 The contractor shall furnish a summary of fault found and namedetails of

the components replaced in the instruments repaired while offering them for

inspection

2 The contractor shall also furnish a quarterly analysis of faulty and repaired

batch wise as per Annexure-I

6 Quality of components

The contractor shall use good quality components for repairs of the instruments

The replaced parts should be purchased by the contractor from DOT approved

source s

7 Liquidated damage

1 Delay in collection Rs 5- per instruments per week or part thereof for

entire lot of unserviceable instruments collected delayed subject to a

maximum of Rs 20- per instruments In case timely collection is not don as

per Para 2(B) above

2 Delay in delivery Rs2 per instrument per week or part thereof on the

entire lot of instruments delivered delayed in case delivery not made timely

as per Para 3 above

8 Quantum of EMD and PSD

EMD as per NIT - to be paid either in cash or in form of DDBankerrsquos

ChequePay Order from NationalizedScheduled Bank in favour of Accounts

Officer (Cash) BSNL Oo GMTD ndash Mehsana payable at Mehsana

Performance Security Deposit 10 of estimated cost of tender payable either in cash or DD or in form of Bank guarantee

from Nationalized BankScheduled Bank for a period of 24 months which will be released or refunded after successful

completion of contract and no due pending against contractor 9 Extension of validity of RRC period Period of RRC will normally

be one year However GMTD Mehsana reserves the right to extend it for a further period of six months or one year or part

there of under the same rates and terms and conditions

Estimated cost for the second year or part there of shall be considered same as approved for first year or part

there of on pro-rata basis

30 Signature of the Contractor

10 Eligibility The bidder should have

Experience of repairing of CLIP or EPBT Instruments in DOTBSNLGovt

PSU Private SectorFirm for one year during last five years as per NIT

11 Documents to be submitted with Technical Bid (Qualifying Bid) to establish

their eligibility for bidding

111 Experience certificate (self attested copy) issued by not below the rank of DEAGM in

DOTBSNLGovtPSUPrivate SectorFirm as required under clause 10 above

112 Self attested Copy of registration of firm (not required for proprietorship)

113 For EPF particulars submit the EPF registration certificate if applicable

(If not applicable submit the clarification as to how not applicable and submit

undertaking on Non judicial stamp paper of Rs 50- regarding submission of it within

one month after the agreement with BSNL Mehsana) If the firms which are under

partnership deed Company Pvt Ltd shall have to submit EPF registration certificate

If not obtain they shall have to obtain the earliest and latest by the time of agreement

They shall have to submit necessary undertaking certificate for this in ANNEXURE-

VI

114 Self attested Copy of Registration particulars with Central Excise for Service Tax If

undertaking is given he shall have to submit within one month before agreement failing

which there will be no agreement (If Service tax is not applicable he shall have to

submit reasons as to how it is not applicable)

115 Partnership deed amp power of attorney who has signed the bid (self attested copy) if

applicable

116 Bio-data of Tenderer in ANNAXURE--IV

117 Declaration to be given in ANNEXURE-II A amp II B

12 Rates to be quoted in ANNEXURE-III In Financial Bid to be submitted separately

in sealed cover

13 GMTD Mehsana reserves the rights to terminate RRC for breach of condition

conditions of the agreement after giving a show cause notice of 14 days and after

examination reply if any filled by him pursuance to show cause notice

14 EPF contribution in respect of LabourEmployees employed by the contractor for

execution of works of BSNL if applicable The contractor will have to

fulfillcompliance of the provisions of EPF amp Misc provisions Act1952 amp Employees

provident fund scheme-1952 by the contractor in respect of LaboursEmployees

engaged by them for performing the work of BSNL while submitting the claim of bills

towards works executed by him if applicable he must accompany the

i List showing the details of LaboursEmployees engaged

ii Duration of their engagement

iii The amount of wages paid to such LaboursEmployees for the duration in question

iv Amount of EPF contribution (both employees amp employers contribution) for the

duration of engagement in question paid to the EPF authorities

31 Signature of the Contractor

v Copies of authenticated documents of payments of such contributions to

EPF authorities and a declaration for compliance of EPF Act 1952

15 The BSNL reserves the right to disqualify such bidders who have a record of not

meeting contractual obligation against earlier contracts entered into with the

BSNL MEHSANA

16 Multiple Vendor System -The BSNL Mehsana intends to limit the number

of technically amp commercially responsive bidders to (Maximum three) from

the list of such bidders arranged in increasing order of their evaluated rate

starting from the lowest for the purpose of award of work against this

tender The distribution of quantum of work among the bidders is as per

clause of Section ndash of tender document

ldquoHowever SSA Head Mehsana reserve the right for the award of contract amp

work of entire tendered quantity to the bidder with the lowest evaluated

ratesrdquo

17 NOTE-

Tender documents containing detailed description of work terms amp conditions can be

had from Asstt General Manager (MM) Oo GMTD Mehsana 2nd Floor Admn

Building Sanchar Bhawan Pilaji Ganj Mehsana-384001 between 10=00 hours to

17=00 hours from 26102016 to 17112016 on all working days

Asstt General Manager (MM) Oo GMTD Mehsana ndash 384001

32 Signature of the Contractor

SECTION ndashVI

1 Specification and Tentative Quantum of work for repairing of EPBT amp

CLIP (approximate)

Sr

No

Name of SDE Unit

[Concern Supervising

Authority]

Quantum of Works for Tender for repairing

of EPBT amp CLIP Instruments [In No]

CLIP Inst EPBT

Inst

Buttons

Key

Plan Inst

1 SDE P MEHSANA 750 900 3 5

2 SDE G MEHSANA 225 250 5 0

3 SDE G CHANASAMA 100 0 5 0

4 SDE G CHHATRAL 350 200 0 0

5 SDEP KADI 50 0 0 0

6 SDEG KADI 50 0 0 0

7 SDEP KALOL 750 450 7 0

8 SDEG KALOL 150 50 0 0

9 SDEP VIJAPUR 60 85 2 0

10 SDEG VIJAPUR 75 95 2 0

11 SDEG MNSGZR 50 80 3 0

12 SDEG KUKARWADA 50 75 2 0

13 SDEP VISNAGAR 350 200 5 0

14 SDEG VISNAGAR 150 75 4 0

15 SDEG VADNAGAR 100 25 4 0

16 SDEG SATLASANA 75 40 3 0

17 SDEG KHERALU 100 50 3 0

18 SDEP UNJHA 500 400 3 0

19 SDEG UNJHA 100 113 2 0

20 SDEP SIDHPUR 450 300 3 0

21 SDEG SIDHPUR 200 200 5 0

22 SDEP PATAN 350 150 5 0

23 SDEG PATAN 100 50 5 0

24 SDEG HRJSAMI 100 50 4 0

Total 5235 3838 75 5

33 Signature of the Contractor

SECTION ndashVII

STANDARD SCHEDULE OF RATE (SOR) FOR REPARING OF EPBT

AND CLIP INSTRUMENT IN MEHSANA TELECOM DISTRICT (MEHSANA SSA)

To

GMTD Mehsana

Sub - Our Financial Bid for repairing of EPBT amp CLIP Instruments in Mehsana SSA

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Sir

Having examined the tender documents terms amp conditions specification of work

stipulated there in IWe the undersigned offer our rates in percentage as under

Brief description of items for

Repairing under ARC

Approx Quantity to be

repaired under ARC

SOR Per Instrument

(a) (b) (c)

(1) Repairing of CLIP Telephones

instruments

5235 No Rs 55-

(2) Repairing of Electronics Push

Button Telephones (EPBT)

3838 No Rs 23-

(3) Repairing of Buttons Key

75 No Rs 26-

(3) Repairing of Plan Instruments

5 No Rs 39-

Note- The Quantity of Clip instrument ( 5500) may be consider which AMC will be expired as per given below -

(1) AMC of 1400 PTPL instrument may be expired on 23092016

(2) AMC of 3100 PTPL instrument may be expired on 21012017

(3) AMC of 1000 PTPL instrument may be expired on 25032017

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

34 Signature of the Contractor

ANNEXURE-I

Fault analysis report of instruments of quarter ending

No of faulty

instruments

with

contractor at

the

beginning of

the period

No of faulty instruments

received by contractor

during the quarter

No of faulty instruments

repaired and returned to

Depot officer

CF No of

faulty

instruments

with

contractor

In warranty Out of

warranty

In warranty Out of

warranty

1

2

Nature of Fault

Type No Of instruments

No

dial

tone

Dial

faulty

No

ring

Poor

speechdisturbance

Dead Display

Fault

No fault

foundMisc

In

warrant

Out of

warranty

Repairing carried out

Type Faults in

TransmitterReceiver Ringer Contract

foil

PCB

Fault

Disply No fault

foundMisc

In

warrant

Out of

warranty

35 Signature of the Contractor

ANNEXURE ndashII

DECLARATION

(TO BE SUBMITTED WITH TECHNICAL BID)

IWe hereby declare that IWe have carefully gone through the Terms amp Conditions of

Tender Notice Invited vide No MMTenderMehsana2016-1706 Dated 26102016 in

detail and agree to the rate submitted by MeUs in the rate sheet and IWe agree in full to

abide by them

1) Signature of the Party ___________________________________

Full Name ___________________________________

(In block letter) ___________________________________

2) Full address ___________________________________

___________________________________

___________________________________

___________________________________

Tele No (O)________________________________

(R)________________________________

3) Capacity in which the __________________________________

Tender is signed

Rubber stamp is required) __________________________________

__________________________________

Date Signature of the Tenderer with seal

36 Signature of the Contractor

ANNEXURE ndash IV

DECLARATION REGARDING EPF TO BE GIVEN ON NON-JUDICIAL STAMPS

PAPER OF RS 100-

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

I helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipProprietor of

Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip do here by declare

that I am the proprietor of my above firm I am carrying out the repairing of

EPBT amp CLIP my self I do not engage labour So EPF is not applicable to

me

However the decision of the competent authority shall be binding to me in

this regard

Name of the Bidder

Signature of the Bidder with Seal

37 Signature of the Contractor

ANNEXURE ndash V

Undertaking to be given for compliance of EPF Registration certificate

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

We the partners Directors of the firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Do here by undertake that if our tender is accepted we will submit the EPF Registration

certification at the earliest latest by one month after the agreement carried out with the

BSNL Mehsana for execution of works for repairing of EPBT amp CLIP Instruments in

Mehsana SSA failing which the decision of the competent authority will be binding on us

To be signed by all Partners directors

38 Signature of the Contractor

ANNEXURE ndash VI

LETTEROF AUTHORISATION FOR ATTENDING BID OPENING

Tender Number MMTenderMehsana2016-1706 Dated 26102016

Subject Authorisation for attending bid opening on___________________(date) the

tender of following persons are hereby authorised to attend the bid opening

for the tender mentioned above on behalf of ______________________

(Bidder) in order of preference given below

Order of Preference Name

Specimen Signatures

I

II

Alternate

Representative

Signatures of

bidder

Or

Officer authorised to sign the bid

Documents on behalf of the bidder

No 1 Maximum of two representatives will be permitted to attend bid opening In

case where it is restricted to one first preference will be allowed Alternate

representative will be permitted when regular representatives are not to able

attending

2 Permission for entry to the hall where bids are opened may be refused in case

authorisation as prescribed above is not recovered

39 Signature of the Contractor

ANNEXURE ndash VII

INTEGRITY PACT

Between

Bharat Sanchar Nigam Limited (BSNL) GMTD-Mehsana hereinafter referred to as ldquoThe

Principalrdquo

And

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphereinafter referred to as ldquoThe BidderContractorrdquo

Preamble

The Principal intends to award under laid down organizational procedures contracts for --

----------------------------------------- The Principal values full compliance with all relevant

laws and regulations and the principles of economic use of resources and of fairness and

transparency in its relations with its Bidders and Contractors

In order to achieve these goals the Principal will appoint an Independent External Monitor

who will monitor the tender process and the execution of the contract for compliance with

the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to

observe the following principles -

(a) No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for

or accept for himherself or third person any material or immaterial benefit which heshe

is not legally entitled to

(b) The Principal will during the tender process treat all Bidder(s) with equity and reason

The Principal will in particular before and during the tender process provide to all

Bidder(s) the same information and will not provide to any Bidder(s)

confidentialadditional information through which the Bidder(s) could obtain an advantage

in relation to the tender process or the contract execution

(c) The Principal will exclude from the process all known prejudiced persons

(2) If the Principal obtains information on the conduct of any of its employees which is a

criminal offence under the relevant Anti-Corruption Laws of India or if there be a

substantive suspicion in this regard the Principal will inform its Vigilance Office and in

addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder(s)Contractor(s)

(1) The Bidder(s)Contractor(s) commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation

in the tender process and during the contract execution

(a) The Bidder(s)Contractor(s) will not directly or through any other person or firm offer

promise or give to any of the Principalrsquos employees involved in the tender process or the

40 Signature of the Contractor

execution of the contract or to any third person any material or immaterial benefit which

heshe is not legally entitled to in order to obtain in exchange any advantage of any kind

whatsoever during the tender process or during the execution of the contract

(b) The Bidder(s)Contractor(s) will not enter with other Bidder(s) 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

(c) The Bidder(s)Contractor(s) will not commit any offence under the relevant Anti-

corruption Laws of India further the Bidder(s)Contractor(s) will not use improperly for

purposes of competition or personal gain or pass on to others any information or

document provided by the Principal as part of the business relationship regarding plans

technical proposals and business details including information contained or transmitted

electronically

(d) The Bidder(s)Contractor(s) will when presenting his bid disclose any and all

payments he has made is committed to or intends to make to agents brokers or any other

intermediaries in connection with the award of the contract

(2) The Bidder(s)Contractor(s) will not instigate third persons to commit offences outlined

above or be an accessory to such offences

Section 3 ndash Disqualification from tender process and exclusion from future contracts

If the Bidder(s)Contractor(s) before contract award or during execution has committed a

transgression through a violation of Section 2 above or in any other form such as to put his

reliability or credibility in question the Principal is entitled to disqualify the

Bidder(s)Contractor(s) from the tender process or take action as per the defined procedure

Section 4 ndash Compensation for Damages

(i) If the Principal has disqualified the Bidder(s) from the tender process prior to the award

according to Section 3 the Principal is entitled to demand and recover the damages

equivalent to Earnest Money Deposit Bid Security

(ii) If the Principal has terminated the contract according to Section 3 or if the Principal is

entitled to terminate the contract according to section 3 the Principal shall be entitled to

demand and recover from the Contractor the amount equivalent to Security Deposit

Performance Bank Guarantee in addition to any other penalties recoveries as per terms

and conditions of the tender

Section 5 ndash Previous transgression

(i) The Bidder declares that no previous transgression occurred in the last 3 years with any

other Company in any country conforming to the Anti-corruption approach or with any

other Public Sector Enterprise in India that could justify his exclusion from the tender

process

(ii) If the Bidder makes incorrect statement on this subject he can be disqualified from the

tender process or action can be taken as per the defined procedure

Section 6 ndash Equal treatment of all BiddersContractorsSubcontractors

41 Signature of the Contractor

(i) The principal will enter into agreements with identical conditions as this one with all

BiddersContractors

(ii) The Bidder(s)Contractor(s) undertake(s) to demand from all subcontractors a

commitment in conformity with this Integrity Pact

(iii) The Principal will disqualify from the tender process all bidders who do not sign this

Pact or violate its provisions

Section 7 ndash Criminal charges against violating

Bidder(s)Contractor(s)Subcontractor(s)

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or

of an employee or a representative or an associate of a Bidder Contractor or

Subcontractor which constitutes corruption or if the Principal has substantive suspicion in

this regard the Principal will inform the Corporate Vigilance Office

Section 8 ndash External Independent MonitorMonitors

1 Principal appoints competent and credible Independent External Monitor for this Pact

The task of the Monitor is to review independently and objectively whether and to what

extent the parties comply with the obligations under this agreement

2 The Monitor is not subject to instructions by the representatives of the parties and

performs his functions neutrally and independently He reports to the CMD of the BSNL

3 The Bidder(s)Contractor(s) accepts that the Monitor has the right to access without

restriction to all Project documentation of the Principal including that provided by the

Contractor The Contractor will also grant the Monitor upon his request and demonstration

of a valid interest unrestricted and unconditional access to his project documentation The

same is applicable to Subcontractors The Monitor is under contractual obligation to treat

the information and documents of the Bidder(s)Contractor(s)Subcontractor(s) with

confidentiality

Notwithstanding anything contained in this Section the Bidder(s)Contractor(s) shall have

no obligation whatsoever to provide any internal costing mechanisms or any internal

financial or commercial data pursuant to any audit or review conducted by or on behalf of

the Principal Further the Bidder(s)Contractor(s) shall not be required to provide any data

relating to its other customers or any personnel or employee related date

4 The Principal will provide to the Monitor 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 Principal and the Contractor The parties offer to the

Monitor the option to participate in such meetings

5 As soon as the Monitor notices or believes to notice a violation of this agreement he

will so inform the Management of the Principal and request the Management to

discontinue or take corrective action or to take other relevant action The monitor can in

this regard submit non-binding recommendations Beyond this the Monitor has no right to

demand from the parties that they act in a specific manner refrain from action or tolerate

action

42 Signature of the Contractor

6 The Monitor will submit a written report to the Chairperson of the Board of the Principal

within 8 to 10 weeks from the date of reference or intimation to him by the lsquoPrincipalrsquo and

should the occasion arise submit proposals for correcting problematic situations

7 If the Monitor has reported to the CMD of the BSNL a substantiated suspicion of an

offence under relevant Anti-Corruption Laws of India and the BSNL has not within

reasonable time taken visible action to proceed against such offence or reported it to the

Corporate Vigilance Office the Monitor may also transmit this information directly to the

Central Vigilance Commissioner Government of India

8 The word lsquoMonitorrsquo would include both singular and plural

Section 9 ndash Pact Duration

This Pact begins when both parties have legally signed it It expires for the Contractor 12

months after the last payment under the contract and for all other Bidders 6 months after

the contract has been awarded

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 dischargeddetermined by

CMD BSNL

Section 10 ndash Other provisions

1 This agreement is subject to Indian Law Place of performance and jurisdiction is the

Registered Office of the Principal ie New Delhi The arbitration clause provided in the

tender document contract shall not be applicable for any issue dispute arising under

Integrity Pact

2 Changes and supplements as well as termination notice need to be made in writing

3 If the Contractor is a partnership or a consortium this agreement must be signed by all

partners or consortium members

4 Should one or several provisions of this agreement turn out to be invalid the remainder

of this agreement remains valid In this case the parties will strive to come to an agreement

to their original intensions

------------------------------------ ----------------------------------

For the Principal For the BidderContractor

Placehelliphelliphelliphelliphelliphelliphelliphellip Witness 1 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphellip Witness 2 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

43 Signature of the Contractor

Anexx-VIII

AGREEMENT

This agreement made on thishelliphelliphellip day of helliphelliphellip Yearhelliphelliphelliphellip Between hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphellipHerein after called ldquo The contractorrdquo (which expression shall unless excluded by or

repugnant to the context include its successors heir executors administrative representative and

assignee) of the one part amp the BSNL (GMTD Mehsana) herein after referred to as the BSNL of

other part Tender No MMTenderMehsana2016-1706 Dated 26102016

Where as the contractor has offered to enter with the said BSNL for the contract for repairing of

EPBT amp CLIP Plan instruments amp Buttons Key in Mehsana SSA Mehsana Telecom District on

the terms and conditions herein contained and the rates approved by the BSNL (copy of rates

annexed) have been dully accepted and whereas the necessary security deposit have been furnished

in accordance with the provision of the tender documents and whereas no interest will be claimed

on the security deposit Now these presents witness and it is hereby agreed and declared by and

between the partiesrsquo presents as follows

(1) The contractor shall during the period of this contract that is to say fromhelliphelliphelliphelliphellipTo

helliphelliphelliphellip or completion of work whichever is earlier or until this contract shall be

determined by such notice as is herein after mentioned safely carried out by means of

Labours employed at his own expense and by means of tools implements of equipments

etc to be supplied by him to his Labours at his own expense all work of repairing of

EPBT amp CLIP instruments as described in tender documents (annexed to the agreement)

when the BSNL or any other person authorized by GMTD Mehsana in that behalf require it

is under stood by the contractor that the quantity of work mentioned in the schedule is

likely to change as per actual requirement as demanded by exigencies of service

(2) The Notice Inviting Tender Bid documents (qualifying and financial) letter of intent

approved rates annexed here to and such other additional particulars instructions

drawings work orders as may be found requisite to be given during execution of work

shall be deemed and taken to be an integral part of the contract and shall be deemed to be

included in the expression ldquoThe agreement) or ldquoThe Contractrdquo wherever herein used

(3) The contractor also supplies the requisite number of workmen with means and materials as

well as tools appliances vehicles for transportation cartage etc required for the proper

execution of work within the prescribed in the work orders

(4) The contractor hereby declares that no body connected with or in the employment of the

BSNL is notshall not ever be admitted as partner in the contract

(5) The contractor shall abide by the terms and conditions rules guide lines constructions

particulars safety precautions etc stipulated in the tender documents including any

correspondence between the contractor and the BSNL having bearing on execution of work

and payments of work to be done under the contract

In witness whereof the partiesrsquo presents have here in to set their representative hands and

seals the day and year in

Signed sealed amp Delivered by

The above named contractor in the presence of

Above written

Witness

(1)

(2) Signed and delivered on behalf of BSNL

Witness

(1)

(2)

44 Signature of the Contractor

ANNEXURE-IX - UNDERTAKING

This deed of undertaking executed on this helliphelliphellip day ofhelliphelliphelliptwo thousand andhelliphellip

by (name of sole proprietorpartnerdirectorauthorized representative the firm

company trust society etc)helliphelliphelliphelliphelliphelliphelliphelliphelliphellipSO helliphelliphelliphelliphelliphelliphelliphellip

residing athelliphelliphelliphelliphelliphelliphelliphelliphelliphellipOn behalf of said helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of the firm company Trust Society etc) having its office athelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

and dully authorized to sign file and verify present undertaking by the said hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of Firm company Society etc) in favour of Bharat Sanchar Nigam Ltd a

Government Of India undertaking having its registered office at Statesman

HouseB-148 Barkhamba Road New Delhi and local office at Administrative

Building Sanchar Bhawan BSNL Pilaji Ganj Mehsana-1 here in after called

BSNL (which terms shall mean and include its successors administrators heirs and

assigns Where as MS BSNL invited bids for repairing of EPBT amp CLIP instruments in Mehsana SSA

IWe participated in the bidding process and emerged as successful bidder with respect to tender No

MMTenderMehsana2016-1706 Dated 26102016

IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Acknowledge that IWe have fully under

stood and aware of the terms amp conditions of the Tendercontract and do hereby unequivocally and

unconditionally undertake and declare that

(1) IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip shall comply with all

the rulesRegulationsLawsGovernment instructionsstatus etc that are

applicable will be made applicable and or are aimed to protect the interest of

the workersemployees engaged by meus in the past and during the course of

performance of the contract with BSNL

(2) IWe shall fully protect indemnity and hold harmless BSNL and its employees

officers Directors agents judgments damages fines penalties and costs

(including legal costs and disbursements) arising from or relating to

Any breach violation of any direction order from any governmental

authority any provisions of the labour laws or any other laws status or

regulations that are or will be aimed to protect the interest of the

workersLabours engaged by the contractors in past and during the

course of this contract

OR

Any other payments claims or liability that may arise for ensuring

compliance of the provisions of any of the labour laws or any other laws

etc OR

Any other claim made by any third party in connection with any violation

of any laws guide lines instructions etc

In witness whereof this undertaking has caused on thehelliphelliphelliphelliphelliphellip

DayhelliphelliphelliphelliphellipMonth ofhelliphelliphellip Year

Date

Place

Signature

Name

Designation

Witness 1 2helliphelliphellip

45 Signature of the Contractor

ANNEXURE-X

E-Tendering Instructions to Bidders

These Special Instructions (for e-Tendering) supplement lsquoGeneral instructions to Biddersrsquo as enclosed in Section IV of this E-Tender Document Wherever there is a conflict the provisions herein shall prevail over those in other pages of this document

Submission of Bids only through online process is mandatory for this Tender

For conducting electronic tendering BSNL Mehsana is using the portal

(httpeprocurementsynisecombsnl1gujarat) of Ms Synise Technologies ltd Pune A - Submission of tender

1 The bidding process will be accepted only through e-tendering platform 2 Availability of e-tendering document e-tender document can be obtained by

downloading it from the website httpeprocurementsynisecombsnl1gujarat the

physical copy of the Tender document would not be available for sale

3 The Tender document shall not be available for download on its submissionclosing date B - General 1 Tender Bidding Methodology

Sealed Bid System ndashldquoSingle Stage using two envelopsrdquo

In this case of two envelope system Financial amp Techno-commercial bids shall be

submitted by the bidder at the same time

2 Broad outline of activities from Bidders prospective

1 Procure a Digital Signing Certificate (DSC)

2 Register on Electronic Tendering System (RETS)

3 Create Users and assign roles on ETS

4 View Notice Inviting Tender (NIT) on ETS

5 Download Official Copy of Tender Documents from ETS

6 Clarification to Tender Documents on ET Query to BSNL (Optional)

View response to queries posted by BSNL as addenda

7 Bid-Submission on ETS

8 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Techno-commercial Part

9 View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond to BSNLrsquos Post-TOE queries

10 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Financial-Part (Only for Technical Responsive Bidders)

For participating in this tender online the following instructions need to be read

carefully These instructions are supplemented with more detailed guidelines on

the relevant screens of the ETS

3 Digital Certificates

For integrity of data and its authenticity non-repudiation of electronic records and be compliant with IT Act 2000 it is necessary for each user to have a Digital Certificate (DC) also referred to as Digital Signature Certificate (DSC) of Class 2 or above issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer httpwwwccagovin]

4 Registration

To use the Electronic Tenderreg portal ( httpeprocurementsynisecombsnl1gujarat) vendor needs to register on the

46 Signature of the Contractor

portal Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e-tendering activities In ETS terminology this person will be referred to as the Super User (SU) of that organization For f u r ther details

p lease v is i t the websiteportal and follow further instructions as given on the site You may also contact tender wizard Helpdesk (as given below) to get your registration acceptedactivated Tender wizard Helpdesk

Telephone 020-30277517 020-30277522020-30277516

[between 1000 hrs to 1800 hrs on working days]

Mobile Nos Mr Hiren Pandar 7774013247 7774013248

E-mail ID helpdesksynisecom [Please mark CC

hirenpsynisecom]

BSNL Contact-1

BSNLrsquos Contact Person AGM MM Mehsana

Telephone Mobile (02762-220855222900)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID agmmmmehbsnlin

BSNL Contact-2

BSNLrsquos Contact Person SDE MM-Mehsana

Telephone Mobile (02762-221855)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID mehsdemm2bsnlin 5 Bid related Information for this Tender (Sealed Bid)

The entire bid-submission would be

online on ETS Broad outline of

submissions are as follows

Submission of digitally signed copy of Tender DocumentsAddendumaddenda

Two Envelopes

Techno-commercial -Part

Financial-Part

Note -

i) If some document is not applicable for the bidder then he has to upload

scanned copy of paper mentioning ldquoThe document ltNamegt called vide

clause helliphelliphelliphelliphelliphelliphellip is not applicable on usrdquo

ii) If document asked for contains more than one page then all those pages may be uploaded in one PDF format file

iii) Please take care to scan documents such that the total size of

documents to be uploaded remains minimum However it shall be sole

responsibility of bidder that the uploaded documents remain eligible

6 Offline Submissions

The bidder is requested to submit the following documents offline to AGM (MM) 2nd Floor Sanchar Bhawan Pilaji Ganj Mehsana-384001 on or before the date amp

time of submission of bids specified in covering letter of this tender

47 Signature of the Contractor

document in a Sealed Envelope The envelope shall bear (name of the tender) the tender number and the words lsquoDO NOT OPEN BEFORErsquo (due date amp time)

1 EMD-Bid Security in Original

2 DD Bankers cheque against payment of tender fee

3 Power of attorney (if applicable) Note The bidder has to upload the Scanned copy of all above said documents during

online Bid submission also

7 Special Note on Security of Bids

Security related functionality has been rigorously implemented in ETS in a multi-dimensional manner Starting with Acceptance of Registration by the Service Provider provision for security has been made at various stages in Electronic Tenderrsquos software Security related aspects as regard Bid Submission are outlined below

As part of the Electronic Encryptertrade functionality the contents of both the lsquoElectronic Formsrsquo and the lsquoMain-Bidrsquo are securely encrypted using a Pass-Phrase created by the Bidder himself Unlike a lsquopasswordrsquo a Pass-Phrase can be a multi-word sentence with spaces between words (eg I love this World) A Pass-Phrase is easier to remember and more difficult to break It is recommended that a separate Pass-Phrase be created for each Bid-Part This method of bid- encryption does not have the security and data-integrity related vulnerabilities which are inherent in E-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid- encryption Bid-encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE) even if there is connivance between the concerned tender- opening officers of the Buyer organization and the personnel of e-tendering service provider

Typically lsquoPass-Phrasersquo of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself when demanded by the concerned Tender Opening Officers who will open the bid Else Tender Opening Officer may authorize the bidder to open his bid himself There is an additional protection with SSL Encryption during transit from the client-end computer of a Supplier organization to the e-tendering server portal

8 Public Online Tender Opening Event (TOE)

ETS offers a unique facility for lsquoPublic Online Tender Opening Event (TOE)rsquo Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices For this purpose representatives of bidders (ie Supplier organization) dully authorized are requested to carry a Laptop and Wireless Connectivity to Internet Every legal requirement for a transparent and secure lsquoPublic Online Tender Opening Event (TOE)rsquo has been implemented on ETS As soon as a Bid is decrypted with the corresponding lsquoPass-Phrasersquo as submitted online by the bidder himself (during the TOE itself) salient points of the Bids are simultaneously made available for downloading by all participating bidders The work of taking notes during a manual lsquoTender Opening Eventrsquo is therefore replaced with this superior and convenient form of lsquoPublic Online Tender Opening Event (TOE)rsquo ETS has a unique facility of lsquoOnline Comparison Chartrsquo which is dynamically updated as each online bid is opened The format of the chart is based on inputs provided by the Buyer for each Tender The information in the Comparison Chart is based on the data submitted by the Bidders in electronic forms A detailed Technical and or Financial Comparison Chart enhances Transparency Detailed instructions are given on relevant screens

48 Signature of the Contractor

ETS has a unique facility of a detailed report titled lsquoMinutes of Online Tender Opening Event (TOE)rsquo covering all important activities of lsquoOnline Tender Opening Event (TOE)rsquo This is available to all participating bidders for lsquoViewing Downloadingrsquo

There are many more facilities and features on ETS For a particular tender the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer

NOTE In case of internet related problem at a bidderrsquos end especially during lsquocritical

eventsrsquo such as ndash a short period before bid-submission deadline during online

public tender opening event etc it is the bidderrsquos responsibility to have backup

internet connections In case there is a problem at the e- procurement

service-providerrsquos end (in the server leased line etc) due to which all the

bidders face a problem during critical events and this is brought to the notice

of BSNL by the bidders in time then BSNL will promptly re-schedule the

affected event(s)

9 Other Instructions

For further instructions the vendor should visit the home-page of the portal

( httpeprocurementsynisecombsnl1gujarat) and go to the User-Guidance Center The help information provided through lsquoETS User-Guidance Centerrsquo is available in three categories ndash

Users intending to Register First-Time Users Logged-in users of Buyer organizations and Logged-in users of Supplier organizations Various links are provided under each of the three categories Note It is strongly recommended that all authorized users of Supplier

organizations should thoroughly peruse the information provided under the

relevant links and take appropriate action This will prevent hiccups and minimize

teething problems during the use of ETS

The following lsquoFOUR KEY INSTRUCTIONS for BIDDERSrsquo must be assiduously adhered to

1 Obtain individual Digital Signing Certificate (DSC or DC) well in advance of

your first tender submission deadline on ETS

2 Register your organization on ETS well in advance of your first tender submission deadline on ETS

3 Get your organizationrsquos concerned executives trained on ETS well in advance of your first tender submission deadline on ETS

4 Submit your bids well in advance of tender submission deadline on ETS as

there could be last minute problems due to internet timeout breakdown etc

While the first three instructions mentioned above are especially relevant to first-time users of ETS the fourth instruction is relevant at all times

10 Minimum Requirements at Bidders end

Computer System with good configuration (Min P IV 1 GB RAM Windows XP)

Broadband connectivity

Microsoft Internet Explorer 60 or above

Digital Certificate(s) for users

49 Signature of the Contractor

ANNEXURE-III

RATE SHEET

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Rate should be quoted in below Rate Sheet

Sr

No

Rates Quoted By Bidder With Respect to SOR (Schedule Of Rate)

Particulars In Figure In Words

1 Above Of SOR

2 Below Of SOR

3 AT PAR

[At Same Rates of SOR]

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

Signature of the Bidder with Seal

Note

1 All faulty instruments are to be repaired except fully broken or fully burnt due to

electric hazards

2 The work may be offered to more than one contractor if required

Signature of the Tenderer with seal

Full Name _____________________

Full Address________________________

  • TABLE OF CONTENTS
    • CERTIFICATE REGARDING NEAR RLATIVES
      • LETTEROF AUTHORISATION FOR ATTENDING BID OPENING
      • Signed sealed amp Delivered by
      • Above written
        • ANNEXURE-IX - UNDERTAKING

30 Signature of the Contractor

10 Eligibility The bidder should have

Experience of repairing of CLIP or EPBT Instruments in DOTBSNLGovt

PSU Private SectorFirm for one year during last five years as per NIT

11 Documents to be submitted with Technical Bid (Qualifying Bid) to establish

their eligibility for bidding

111 Experience certificate (self attested copy) issued by not below the rank of DEAGM in

DOTBSNLGovtPSUPrivate SectorFirm as required under clause 10 above

112 Self attested Copy of registration of firm (not required for proprietorship)

113 For EPF particulars submit the EPF registration certificate if applicable

(If not applicable submit the clarification as to how not applicable and submit

undertaking on Non judicial stamp paper of Rs 50- regarding submission of it within

one month after the agreement with BSNL Mehsana) If the firms which are under

partnership deed Company Pvt Ltd shall have to submit EPF registration certificate

If not obtain they shall have to obtain the earliest and latest by the time of agreement

They shall have to submit necessary undertaking certificate for this in ANNEXURE-

VI

114 Self attested Copy of Registration particulars with Central Excise for Service Tax If

undertaking is given he shall have to submit within one month before agreement failing

which there will be no agreement (If Service tax is not applicable he shall have to

submit reasons as to how it is not applicable)

115 Partnership deed amp power of attorney who has signed the bid (self attested copy) if

applicable

116 Bio-data of Tenderer in ANNAXURE--IV

117 Declaration to be given in ANNEXURE-II A amp II B

12 Rates to be quoted in ANNEXURE-III In Financial Bid to be submitted separately

in sealed cover

13 GMTD Mehsana reserves the rights to terminate RRC for breach of condition

conditions of the agreement after giving a show cause notice of 14 days and after

examination reply if any filled by him pursuance to show cause notice

14 EPF contribution in respect of LabourEmployees employed by the contractor for

execution of works of BSNL if applicable The contractor will have to

fulfillcompliance of the provisions of EPF amp Misc provisions Act1952 amp Employees

provident fund scheme-1952 by the contractor in respect of LaboursEmployees

engaged by them for performing the work of BSNL while submitting the claim of bills

towards works executed by him if applicable he must accompany the

i List showing the details of LaboursEmployees engaged

ii Duration of their engagement

iii The amount of wages paid to such LaboursEmployees for the duration in question

iv Amount of EPF contribution (both employees amp employers contribution) for the

duration of engagement in question paid to the EPF authorities

31 Signature of the Contractor

v Copies of authenticated documents of payments of such contributions to

EPF authorities and a declaration for compliance of EPF Act 1952

15 The BSNL reserves the right to disqualify such bidders who have a record of not

meeting contractual obligation against earlier contracts entered into with the

BSNL MEHSANA

16 Multiple Vendor System -The BSNL Mehsana intends to limit the number

of technically amp commercially responsive bidders to (Maximum three) from

the list of such bidders arranged in increasing order of their evaluated rate

starting from the lowest for the purpose of award of work against this

tender The distribution of quantum of work among the bidders is as per

clause of Section ndash of tender document

ldquoHowever SSA Head Mehsana reserve the right for the award of contract amp

work of entire tendered quantity to the bidder with the lowest evaluated

ratesrdquo

17 NOTE-

Tender documents containing detailed description of work terms amp conditions can be

had from Asstt General Manager (MM) Oo GMTD Mehsana 2nd Floor Admn

Building Sanchar Bhawan Pilaji Ganj Mehsana-384001 between 10=00 hours to

17=00 hours from 26102016 to 17112016 on all working days

Asstt General Manager (MM) Oo GMTD Mehsana ndash 384001

32 Signature of the Contractor

SECTION ndashVI

1 Specification and Tentative Quantum of work for repairing of EPBT amp

CLIP (approximate)

Sr

No

Name of SDE Unit

[Concern Supervising

Authority]

Quantum of Works for Tender for repairing

of EPBT amp CLIP Instruments [In No]

CLIP Inst EPBT

Inst

Buttons

Key

Plan Inst

1 SDE P MEHSANA 750 900 3 5

2 SDE G MEHSANA 225 250 5 0

3 SDE G CHANASAMA 100 0 5 0

4 SDE G CHHATRAL 350 200 0 0

5 SDEP KADI 50 0 0 0

6 SDEG KADI 50 0 0 0

7 SDEP KALOL 750 450 7 0

8 SDEG KALOL 150 50 0 0

9 SDEP VIJAPUR 60 85 2 0

10 SDEG VIJAPUR 75 95 2 0

11 SDEG MNSGZR 50 80 3 0

12 SDEG KUKARWADA 50 75 2 0

13 SDEP VISNAGAR 350 200 5 0

14 SDEG VISNAGAR 150 75 4 0

15 SDEG VADNAGAR 100 25 4 0

16 SDEG SATLASANA 75 40 3 0

17 SDEG KHERALU 100 50 3 0

18 SDEP UNJHA 500 400 3 0

19 SDEG UNJHA 100 113 2 0

20 SDEP SIDHPUR 450 300 3 0

21 SDEG SIDHPUR 200 200 5 0

22 SDEP PATAN 350 150 5 0

23 SDEG PATAN 100 50 5 0

24 SDEG HRJSAMI 100 50 4 0

Total 5235 3838 75 5

33 Signature of the Contractor

SECTION ndashVII

STANDARD SCHEDULE OF RATE (SOR) FOR REPARING OF EPBT

AND CLIP INSTRUMENT IN MEHSANA TELECOM DISTRICT (MEHSANA SSA)

To

GMTD Mehsana

Sub - Our Financial Bid for repairing of EPBT amp CLIP Instruments in Mehsana SSA

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Sir

Having examined the tender documents terms amp conditions specification of work

stipulated there in IWe the undersigned offer our rates in percentage as under

Brief description of items for

Repairing under ARC

Approx Quantity to be

repaired under ARC

SOR Per Instrument

(a) (b) (c)

(1) Repairing of CLIP Telephones

instruments

5235 No Rs 55-

(2) Repairing of Electronics Push

Button Telephones (EPBT)

3838 No Rs 23-

(3) Repairing of Buttons Key

75 No Rs 26-

(3) Repairing of Plan Instruments

5 No Rs 39-

Note- The Quantity of Clip instrument ( 5500) may be consider which AMC will be expired as per given below -

(1) AMC of 1400 PTPL instrument may be expired on 23092016

(2) AMC of 3100 PTPL instrument may be expired on 21012017

(3) AMC of 1000 PTPL instrument may be expired on 25032017

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

34 Signature of the Contractor

ANNEXURE-I

Fault analysis report of instruments of quarter ending

No of faulty

instruments

with

contractor at

the

beginning of

the period

No of faulty instruments

received by contractor

during the quarter

No of faulty instruments

repaired and returned to

Depot officer

CF No of

faulty

instruments

with

contractor

In warranty Out of

warranty

In warranty Out of

warranty

1

2

Nature of Fault

Type No Of instruments

No

dial

tone

Dial

faulty

No

ring

Poor

speechdisturbance

Dead Display

Fault

No fault

foundMisc

In

warrant

Out of

warranty

Repairing carried out

Type Faults in

TransmitterReceiver Ringer Contract

foil

PCB

Fault

Disply No fault

foundMisc

In

warrant

Out of

warranty

35 Signature of the Contractor

ANNEXURE ndashII

DECLARATION

(TO BE SUBMITTED WITH TECHNICAL BID)

IWe hereby declare that IWe have carefully gone through the Terms amp Conditions of

Tender Notice Invited vide No MMTenderMehsana2016-1706 Dated 26102016 in

detail and agree to the rate submitted by MeUs in the rate sheet and IWe agree in full to

abide by them

1) Signature of the Party ___________________________________

Full Name ___________________________________

(In block letter) ___________________________________

2) Full address ___________________________________

___________________________________

___________________________________

___________________________________

Tele No (O)________________________________

(R)________________________________

3) Capacity in which the __________________________________

Tender is signed

Rubber stamp is required) __________________________________

__________________________________

Date Signature of the Tenderer with seal

36 Signature of the Contractor

ANNEXURE ndash IV

DECLARATION REGARDING EPF TO BE GIVEN ON NON-JUDICIAL STAMPS

PAPER OF RS 100-

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

I helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipProprietor of

Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip do here by declare

that I am the proprietor of my above firm I am carrying out the repairing of

EPBT amp CLIP my self I do not engage labour So EPF is not applicable to

me

However the decision of the competent authority shall be binding to me in

this regard

Name of the Bidder

Signature of the Bidder with Seal

37 Signature of the Contractor

ANNEXURE ndash V

Undertaking to be given for compliance of EPF Registration certificate

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

We the partners Directors of the firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Do here by undertake that if our tender is accepted we will submit the EPF Registration

certification at the earliest latest by one month after the agreement carried out with the

BSNL Mehsana for execution of works for repairing of EPBT amp CLIP Instruments in

Mehsana SSA failing which the decision of the competent authority will be binding on us

To be signed by all Partners directors

38 Signature of the Contractor

ANNEXURE ndash VI

LETTEROF AUTHORISATION FOR ATTENDING BID OPENING

Tender Number MMTenderMehsana2016-1706 Dated 26102016

Subject Authorisation for attending bid opening on___________________(date) the

tender of following persons are hereby authorised to attend the bid opening

for the tender mentioned above on behalf of ______________________

(Bidder) in order of preference given below

Order of Preference Name

Specimen Signatures

I

II

Alternate

Representative

Signatures of

bidder

Or

Officer authorised to sign the bid

Documents on behalf of the bidder

No 1 Maximum of two representatives will be permitted to attend bid opening In

case where it is restricted to one first preference will be allowed Alternate

representative will be permitted when regular representatives are not to able

attending

2 Permission for entry to the hall where bids are opened may be refused in case

authorisation as prescribed above is not recovered

39 Signature of the Contractor

ANNEXURE ndash VII

INTEGRITY PACT

Between

Bharat Sanchar Nigam Limited (BSNL) GMTD-Mehsana hereinafter referred to as ldquoThe

Principalrdquo

And

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphereinafter referred to as ldquoThe BidderContractorrdquo

Preamble

The Principal intends to award under laid down organizational procedures contracts for --

----------------------------------------- The Principal values full compliance with all relevant

laws and regulations and the principles of economic use of resources and of fairness and

transparency in its relations with its Bidders and Contractors

In order to achieve these goals the Principal will appoint an Independent External Monitor

who will monitor the tender process and the execution of the contract for compliance with

the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to

observe the following principles -

(a) No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for

or accept for himherself or third person any material or immaterial benefit which heshe

is not legally entitled to

(b) The Principal will during the tender process treat all Bidder(s) with equity and reason

The Principal will in particular before and during the tender process provide to all

Bidder(s) the same information and will not provide to any Bidder(s)

confidentialadditional information through which the Bidder(s) could obtain an advantage

in relation to the tender process or the contract execution

(c) The Principal will exclude from the process all known prejudiced persons

(2) If the Principal obtains information on the conduct of any of its employees which is a

criminal offence under the relevant Anti-Corruption Laws of India or if there be a

substantive suspicion in this regard the Principal will inform its Vigilance Office and in

addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder(s)Contractor(s)

(1) The Bidder(s)Contractor(s) commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation

in the tender process and during the contract execution

(a) The Bidder(s)Contractor(s) will not directly or through any other person or firm offer

promise or give to any of the Principalrsquos employees involved in the tender process or the

40 Signature of the Contractor

execution of the contract or to any third person any material or immaterial benefit which

heshe is not legally entitled to in order to obtain in exchange any advantage of any kind

whatsoever during the tender process or during the execution of the contract

(b) The Bidder(s)Contractor(s) will not enter with other Bidder(s) 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

(c) The Bidder(s)Contractor(s) will not commit any offence under the relevant Anti-

corruption Laws of India further the Bidder(s)Contractor(s) will not use improperly for

purposes of competition or personal gain or pass on to others any information or

document provided by the Principal as part of the business relationship regarding plans

technical proposals and business details including information contained or transmitted

electronically

(d) The Bidder(s)Contractor(s) will when presenting his bid disclose any and all

payments he has made is committed to or intends to make to agents brokers or any other

intermediaries in connection with the award of the contract

(2) The Bidder(s)Contractor(s) will not instigate third persons to commit offences outlined

above or be an accessory to such offences

Section 3 ndash Disqualification from tender process and exclusion from future contracts

If the Bidder(s)Contractor(s) before contract award or during execution has committed a

transgression through a violation of Section 2 above or in any other form such as to put his

reliability or credibility in question the Principal is entitled to disqualify the

Bidder(s)Contractor(s) from the tender process or take action as per the defined procedure

Section 4 ndash Compensation for Damages

(i) If the Principal has disqualified the Bidder(s) from the tender process prior to the award

according to Section 3 the Principal is entitled to demand and recover the damages

equivalent to Earnest Money Deposit Bid Security

(ii) If the Principal has terminated the contract according to Section 3 or if the Principal is

entitled to terminate the contract according to section 3 the Principal shall be entitled to

demand and recover from the Contractor the amount equivalent to Security Deposit

Performance Bank Guarantee in addition to any other penalties recoveries as per terms

and conditions of the tender

Section 5 ndash Previous transgression

(i) The Bidder declares that no previous transgression occurred in the last 3 years with any

other Company in any country conforming to the Anti-corruption approach or with any

other Public Sector Enterprise in India that could justify his exclusion from the tender

process

(ii) If the Bidder makes incorrect statement on this subject he can be disqualified from the

tender process or action can be taken as per the defined procedure

Section 6 ndash Equal treatment of all BiddersContractorsSubcontractors

41 Signature of the Contractor

(i) The principal will enter into agreements with identical conditions as this one with all

BiddersContractors

(ii) The Bidder(s)Contractor(s) undertake(s) to demand from all subcontractors a

commitment in conformity with this Integrity Pact

(iii) The Principal will disqualify from the tender process all bidders who do not sign this

Pact or violate its provisions

Section 7 ndash Criminal charges against violating

Bidder(s)Contractor(s)Subcontractor(s)

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or

of an employee or a representative or an associate of a Bidder Contractor or

Subcontractor which constitutes corruption or if the Principal has substantive suspicion in

this regard the Principal will inform the Corporate Vigilance Office

Section 8 ndash External Independent MonitorMonitors

1 Principal appoints competent and credible Independent External Monitor for this Pact

The task of the Monitor is to review independently and objectively whether and to what

extent the parties comply with the obligations under this agreement

2 The Monitor is not subject to instructions by the representatives of the parties and

performs his functions neutrally and independently He reports to the CMD of the BSNL

3 The Bidder(s)Contractor(s) accepts that the Monitor has the right to access without

restriction to all Project documentation of the Principal including that provided by the

Contractor The Contractor will also grant the Monitor upon his request and demonstration

of a valid interest unrestricted and unconditional access to his project documentation The

same is applicable to Subcontractors The Monitor is under contractual obligation to treat

the information and documents of the Bidder(s)Contractor(s)Subcontractor(s) with

confidentiality

Notwithstanding anything contained in this Section the Bidder(s)Contractor(s) shall have

no obligation whatsoever to provide any internal costing mechanisms or any internal

financial or commercial data pursuant to any audit or review conducted by or on behalf of

the Principal Further the Bidder(s)Contractor(s) shall not be required to provide any data

relating to its other customers or any personnel or employee related date

4 The Principal will provide to the Monitor 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 Principal and the Contractor The parties offer to the

Monitor the option to participate in such meetings

5 As soon as the Monitor notices or believes to notice a violation of this agreement he

will so inform the Management of the Principal and request the Management to

discontinue or take corrective action or to take other relevant action The monitor can in

this regard submit non-binding recommendations Beyond this the Monitor has no right to

demand from the parties that they act in a specific manner refrain from action or tolerate

action

42 Signature of the Contractor

6 The Monitor will submit a written report to the Chairperson of the Board of the Principal

within 8 to 10 weeks from the date of reference or intimation to him by the lsquoPrincipalrsquo and

should the occasion arise submit proposals for correcting problematic situations

7 If the Monitor has reported to the CMD of the BSNL a substantiated suspicion of an

offence under relevant Anti-Corruption Laws of India and the BSNL has not within

reasonable time taken visible action to proceed against such offence or reported it to the

Corporate Vigilance Office the Monitor may also transmit this information directly to the

Central Vigilance Commissioner Government of India

8 The word lsquoMonitorrsquo would include both singular and plural

Section 9 ndash Pact Duration

This Pact begins when both parties have legally signed it It expires for the Contractor 12

months after the last payment under the contract and for all other Bidders 6 months after

the contract has been awarded

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 dischargeddetermined by

CMD BSNL

Section 10 ndash Other provisions

1 This agreement is subject to Indian Law Place of performance and jurisdiction is the

Registered Office of the Principal ie New Delhi The arbitration clause provided in the

tender document contract shall not be applicable for any issue dispute arising under

Integrity Pact

2 Changes and supplements as well as termination notice need to be made in writing

3 If the Contractor is a partnership or a consortium this agreement must be signed by all

partners or consortium members

4 Should one or several provisions of this agreement turn out to be invalid the remainder

of this agreement remains valid In this case the parties will strive to come to an agreement

to their original intensions

------------------------------------ ----------------------------------

For the Principal For the BidderContractor

Placehelliphelliphelliphelliphelliphelliphelliphellip Witness 1 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphellip Witness 2 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

43 Signature of the Contractor

Anexx-VIII

AGREEMENT

This agreement made on thishelliphelliphellip day of helliphelliphellip Yearhelliphelliphelliphellip Between hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphellipHerein after called ldquo The contractorrdquo (which expression shall unless excluded by or

repugnant to the context include its successors heir executors administrative representative and

assignee) of the one part amp the BSNL (GMTD Mehsana) herein after referred to as the BSNL of

other part Tender No MMTenderMehsana2016-1706 Dated 26102016

Where as the contractor has offered to enter with the said BSNL for the contract for repairing of

EPBT amp CLIP Plan instruments amp Buttons Key in Mehsana SSA Mehsana Telecom District on

the terms and conditions herein contained and the rates approved by the BSNL (copy of rates

annexed) have been dully accepted and whereas the necessary security deposit have been furnished

in accordance with the provision of the tender documents and whereas no interest will be claimed

on the security deposit Now these presents witness and it is hereby agreed and declared by and

between the partiesrsquo presents as follows

(1) The contractor shall during the period of this contract that is to say fromhelliphelliphelliphelliphellipTo

helliphelliphelliphellip or completion of work whichever is earlier or until this contract shall be

determined by such notice as is herein after mentioned safely carried out by means of

Labours employed at his own expense and by means of tools implements of equipments

etc to be supplied by him to his Labours at his own expense all work of repairing of

EPBT amp CLIP instruments as described in tender documents (annexed to the agreement)

when the BSNL or any other person authorized by GMTD Mehsana in that behalf require it

is under stood by the contractor that the quantity of work mentioned in the schedule is

likely to change as per actual requirement as demanded by exigencies of service

(2) The Notice Inviting Tender Bid documents (qualifying and financial) letter of intent

approved rates annexed here to and such other additional particulars instructions

drawings work orders as may be found requisite to be given during execution of work

shall be deemed and taken to be an integral part of the contract and shall be deemed to be

included in the expression ldquoThe agreement) or ldquoThe Contractrdquo wherever herein used

(3) The contractor also supplies the requisite number of workmen with means and materials as

well as tools appliances vehicles for transportation cartage etc required for the proper

execution of work within the prescribed in the work orders

(4) The contractor hereby declares that no body connected with or in the employment of the

BSNL is notshall not ever be admitted as partner in the contract

(5) The contractor shall abide by the terms and conditions rules guide lines constructions

particulars safety precautions etc stipulated in the tender documents including any

correspondence between the contractor and the BSNL having bearing on execution of work

and payments of work to be done under the contract

In witness whereof the partiesrsquo presents have here in to set their representative hands and

seals the day and year in

Signed sealed amp Delivered by

The above named contractor in the presence of

Above written

Witness

(1)

(2) Signed and delivered on behalf of BSNL

Witness

(1)

(2)

44 Signature of the Contractor

ANNEXURE-IX - UNDERTAKING

This deed of undertaking executed on this helliphelliphellip day ofhelliphelliphelliptwo thousand andhelliphellip

by (name of sole proprietorpartnerdirectorauthorized representative the firm

company trust society etc)helliphelliphelliphelliphelliphelliphelliphelliphelliphellipSO helliphelliphelliphelliphelliphelliphelliphellip

residing athelliphelliphelliphelliphelliphelliphelliphelliphelliphellipOn behalf of said helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of the firm company Trust Society etc) having its office athelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

and dully authorized to sign file and verify present undertaking by the said hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of Firm company Society etc) in favour of Bharat Sanchar Nigam Ltd a

Government Of India undertaking having its registered office at Statesman

HouseB-148 Barkhamba Road New Delhi and local office at Administrative

Building Sanchar Bhawan BSNL Pilaji Ganj Mehsana-1 here in after called

BSNL (which terms shall mean and include its successors administrators heirs and

assigns Where as MS BSNL invited bids for repairing of EPBT amp CLIP instruments in Mehsana SSA

IWe participated in the bidding process and emerged as successful bidder with respect to tender No

MMTenderMehsana2016-1706 Dated 26102016

IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Acknowledge that IWe have fully under

stood and aware of the terms amp conditions of the Tendercontract and do hereby unequivocally and

unconditionally undertake and declare that

(1) IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip shall comply with all

the rulesRegulationsLawsGovernment instructionsstatus etc that are

applicable will be made applicable and or are aimed to protect the interest of

the workersemployees engaged by meus in the past and during the course of

performance of the contract with BSNL

(2) IWe shall fully protect indemnity and hold harmless BSNL and its employees

officers Directors agents judgments damages fines penalties and costs

(including legal costs and disbursements) arising from or relating to

Any breach violation of any direction order from any governmental

authority any provisions of the labour laws or any other laws status or

regulations that are or will be aimed to protect the interest of the

workersLabours engaged by the contractors in past and during the

course of this contract

OR

Any other payments claims or liability that may arise for ensuring

compliance of the provisions of any of the labour laws or any other laws

etc OR

Any other claim made by any third party in connection with any violation

of any laws guide lines instructions etc

In witness whereof this undertaking has caused on thehelliphelliphelliphelliphelliphellip

DayhelliphelliphelliphelliphellipMonth ofhelliphelliphellip Year

Date

Place

Signature

Name

Designation

Witness 1 2helliphelliphellip

45 Signature of the Contractor

ANNEXURE-X

E-Tendering Instructions to Bidders

These Special Instructions (for e-Tendering) supplement lsquoGeneral instructions to Biddersrsquo as enclosed in Section IV of this E-Tender Document Wherever there is a conflict the provisions herein shall prevail over those in other pages of this document

Submission of Bids only through online process is mandatory for this Tender

For conducting electronic tendering BSNL Mehsana is using the portal

(httpeprocurementsynisecombsnl1gujarat) of Ms Synise Technologies ltd Pune A - Submission of tender

1 The bidding process will be accepted only through e-tendering platform 2 Availability of e-tendering document e-tender document can be obtained by

downloading it from the website httpeprocurementsynisecombsnl1gujarat the

physical copy of the Tender document would not be available for sale

3 The Tender document shall not be available for download on its submissionclosing date B - General 1 Tender Bidding Methodology

Sealed Bid System ndashldquoSingle Stage using two envelopsrdquo

In this case of two envelope system Financial amp Techno-commercial bids shall be

submitted by the bidder at the same time

2 Broad outline of activities from Bidders prospective

1 Procure a Digital Signing Certificate (DSC)

2 Register on Electronic Tendering System (RETS)

3 Create Users and assign roles on ETS

4 View Notice Inviting Tender (NIT) on ETS

5 Download Official Copy of Tender Documents from ETS

6 Clarification to Tender Documents on ET Query to BSNL (Optional)

View response to queries posted by BSNL as addenda

7 Bid-Submission on ETS

8 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Techno-commercial Part

9 View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond to BSNLrsquos Post-TOE queries

10 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Financial-Part (Only for Technical Responsive Bidders)

For participating in this tender online the following instructions need to be read

carefully These instructions are supplemented with more detailed guidelines on

the relevant screens of the ETS

3 Digital Certificates

For integrity of data and its authenticity non-repudiation of electronic records and be compliant with IT Act 2000 it is necessary for each user to have a Digital Certificate (DC) also referred to as Digital Signature Certificate (DSC) of Class 2 or above issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer httpwwwccagovin]

4 Registration

To use the Electronic Tenderreg portal ( httpeprocurementsynisecombsnl1gujarat) vendor needs to register on the

46 Signature of the Contractor

portal Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e-tendering activities In ETS terminology this person will be referred to as the Super User (SU) of that organization For f u r ther details

p lease v is i t the websiteportal and follow further instructions as given on the site You may also contact tender wizard Helpdesk (as given below) to get your registration acceptedactivated Tender wizard Helpdesk

Telephone 020-30277517 020-30277522020-30277516

[between 1000 hrs to 1800 hrs on working days]

Mobile Nos Mr Hiren Pandar 7774013247 7774013248

E-mail ID helpdesksynisecom [Please mark CC

hirenpsynisecom]

BSNL Contact-1

BSNLrsquos Contact Person AGM MM Mehsana

Telephone Mobile (02762-220855222900)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID agmmmmehbsnlin

BSNL Contact-2

BSNLrsquos Contact Person SDE MM-Mehsana

Telephone Mobile (02762-221855)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID mehsdemm2bsnlin 5 Bid related Information for this Tender (Sealed Bid)

The entire bid-submission would be

online on ETS Broad outline of

submissions are as follows

Submission of digitally signed copy of Tender DocumentsAddendumaddenda

Two Envelopes

Techno-commercial -Part

Financial-Part

Note -

i) If some document is not applicable for the bidder then he has to upload

scanned copy of paper mentioning ldquoThe document ltNamegt called vide

clause helliphelliphelliphelliphelliphelliphellip is not applicable on usrdquo

ii) If document asked for contains more than one page then all those pages may be uploaded in one PDF format file

iii) Please take care to scan documents such that the total size of

documents to be uploaded remains minimum However it shall be sole

responsibility of bidder that the uploaded documents remain eligible

6 Offline Submissions

The bidder is requested to submit the following documents offline to AGM (MM) 2nd Floor Sanchar Bhawan Pilaji Ganj Mehsana-384001 on or before the date amp

time of submission of bids specified in covering letter of this tender

47 Signature of the Contractor

document in a Sealed Envelope The envelope shall bear (name of the tender) the tender number and the words lsquoDO NOT OPEN BEFORErsquo (due date amp time)

1 EMD-Bid Security in Original

2 DD Bankers cheque against payment of tender fee

3 Power of attorney (if applicable) Note The bidder has to upload the Scanned copy of all above said documents during

online Bid submission also

7 Special Note on Security of Bids

Security related functionality has been rigorously implemented in ETS in a multi-dimensional manner Starting with Acceptance of Registration by the Service Provider provision for security has been made at various stages in Electronic Tenderrsquos software Security related aspects as regard Bid Submission are outlined below

As part of the Electronic Encryptertrade functionality the contents of both the lsquoElectronic Formsrsquo and the lsquoMain-Bidrsquo are securely encrypted using a Pass-Phrase created by the Bidder himself Unlike a lsquopasswordrsquo a Pass-Phrase can be a multi-word sentence with spaces between words (eg I love this World) A Pass-Phrase is easier to remember and more difficult to break It is recommended that a separate Pass-Phrase be created for each Bid-Part This method of bid- encryption does not have the security and data-integrity related vulnerabilities which are inherent in E-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid- encryption Bid-encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE) even if there is connivance between the concerned tender- opening officers of the Buyer organization and the personnel of e-tendering service provider

Typically lsquoPass-Phrasersquo of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself when demanded by the concerned Tender Opening Officers who will open the bid Else Tender Opening Officer may authorize the bidder to open his bid himself There is an additional protection with SSL Encryption during transit from the client-end computer of a Supplier organization to the e-tendering server portal

8 Public Online Tender Opening Event (TOE)

ETS offers a unique facility for lsquoPublic Online Tender Opening Event (TOE)rsquo Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices For this purpose representatives of bidders (ie Supplier organization) dully authorized are requested to carry a Laptop and Wireless Connectivity to Internet Every legal requirement for a transparent and secure lsquoPublic Online Tender Opening Event (TOE)rsquo has been implemented on ETS As soon as a Bid is decrypted with the corresponding lsquoPass-Phrasersquo as submitted online by the bidder himself (during the TOE itself) salient points of the Bids are simultaneously made available for downloading by all participating bidders The work of taking notes during a manual lsquoTender Opening Eventrsquo is therefore replaced with this superior and convenient form of lsquoPublic Online Tender Opening Event (TOE)rsquo ETS has a unique facility of lsquoOnline Comparison Chartrsquo which is dynamically updated as each online bid is opened The format of the chart is based on inputs provided by the Buyer for each Tender The information in the Comparison Chart is based on the data submitted by the Bidders in electronic forms A detailed Technical and or Financial Comparison Chart enhances Transparency Detailed instructions are given on relevant screens

48 Signature of the Contractor

ETS has a unique facility of a detailed report titled lsquoMinutes of Online Tender Opening Event (TOE)rsquo covering all important activities of lsquoOnline Tender Opening Event (TOE)rsquo This is available to all participating bidders for lsquoViewing Downloadingrsquo

There are many more facilities and features on ETS For a particular tender the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer

NOTE In case of internet related problem at a bidderrsquos end especially during lsquocritical

eventsrsquo such as ndash a short period before bid-submission deadline during online

public tender opening event etc it is the bidderrsquos responsibility to have backup

internet connections In case there is a problem at the e- procurement

service-providerrsquos end (in the server leased line etc) due to which all the

bidders face a problem during critical events and this is brought to the notice

of BSNL by the bidders in time then BSNL will promptly re-schedule the

affected event(s)

9 Other Instructions

For further instructions the vendor should visit the home-page of the portal

( httpeprocurementsynisecombsnl1gujarat) and go to the User-Guidance Center The help information provided through lsquoETS User-Guidance Centerrsquo is available in three categories ndash

Users intending to Register First-Time Users Logged-in users of Buyer organizations and Logged-in users of Supplier organizations Various links are provided under each of the three categories Note It is strongly recommended that all authorized users of Supplier

organizations should thoroughly peruse the information provided under the

relevant links and take appropriate action This will prevent hiccups and minimize

teething problems during the use of ETS

The following lsquoFOUR KEY INSTRUCTIONS for BIDDERSrsquo must be assiduously adhered to

1 Obtain individual Digital Signing Certificate (DSC or DC) well in advance of

your first tender submission deadline on ETS

2 Register your organization on ETS well in advance of your first tender submission deadline on ETS

3 Get your organizationrsquos concerned executives trained on ETS well in advance of your first tender submission deadline on ETS

4 Submit your bids well in advance of tender submission deadline on ETS as

there could be last minute problems due to internet timeout breakdown etc

While the first three instructions mentioned above are especially relevant to first-time users of ETS the fourth instruction is relevant at all times

10 Minimum Requirements at Bidders end

Computer System with good configuration (Min P IV 1 GB RAM Windows XP)

Broadband connectivity

Microsoft Internet Explorer 60 or above

Digital Certificate(s) for users

49 Signature of the Contractor

ANNEXURE-III

RATE SHEET

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Rate should be quoted in below Rate Sheet

Sr

No

Rates Quoted By Bidder With Respect to SOR (Schedule Of Rate)

Particulars In Figure In Words

1 Above Of SOR

2 Below Of SOR

3 AT PAR

[At Same Rates of SOR]

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

Signature of the Bidder with Seal

Note

1 All faulty instruments are to be repaired except fully broken or fully burnt due to

electric hazards

2 The work may be offered to more than one contractor if required

Signature of the Tenderer with seal

Full Name _____________________

Full Address________________________

  • TABLE OF CONTENTS
    • CERTIFICATE REGARDING NEAR RLATIVES
      • LETTEROF AUTHORISATION FOR ATTENDING BID OPENING
      • Signed sealed amp Delivered by
      • Above written
        • ANNEXURE-IX - UNDERTAKING

31 Signature of the Contractor

v Copies of authenticated documents of payments of such contributions to

EPF authorities and a declaration for compliance of EPF Act 1952

15 The BSNL reserves the right to disqualify such bidders who have a record of not

meeting contractual obligation against earlier contracts entered into with the

BSNL MEHSANA

16 Multiple Vendor System -The BSNL Mehsana intends to limit the number

of technically amp commercially responsive bidders to (Maximum three) from

the list of such bidders arranged in increasing order of their evaluated rate

starting from the lowest for the purpose of award of work against this

tender The distribution of quantum of work among the bidders is as per

clause of Section ndash of tender document

ldquoHowever SSA Head Mehsana reserve the right for the award of contract amp

work of entire tendered quantity to the bidder with the lowest evaluated

ratesrdquo

17 NOTE-

Tender documents containing detailed description of work terms amp conditions can be

had from Asstt General Manager (MM) Oo GMTD Mehsana 2nd Floor Admn

Building Sanchar Bhawan Pilaji Ganj Mehsana-384001 between 10=00 hours to

17=00 hours from 26102016 to 17112016 on all working days

Asstt General Manager (MM) Oo GMTD Mehsana ndash 384001

32 Signature of the Contractor

SECTION ndashVI

1 Specification and Tentative Quantum of work for repairing of EPBT amp

CLIP (approximate)

Sr

No

Name of SDE Unit

[Concern Supervising

Authority]

Quantum of Works for Tender for repairing

of EPBT amp CLIP Instruments [In No]

CLIP Inst EPBT

Inst

Buttons

Key

Plan Inst

1 SDE P MEHSANA 750 900 3 5

2 SDE G MEHSANA 225 250 5 0

3 SDE G CHANASAMA 100 0 5 0

4 SDE G CHHATRAL 350 200 0 0

5 SDEP KADI 50 0 0 0

6 SDEG KADI 50 0 0 0

7 SDEP KALOL 750 450 7 0

8 SDEG KALOL 150 50 0 0

9 SDEP VIJAPUR 60 85 2 0

10 SDEG VIJAPUR 75 95 2 0

11 SDEG MNSGZR 50 80 3 0

12 SDEG KUKARWADA 50 75 2 0

13 SDEP VISNAGAR 350 200 5 0

14 SDEG VISNAGAR 150 75 4 0

15 SDEG VADNAGAR 100 25 4 0

16 SDEG SATLASANA 75 40 3 0

17 SDEG KHERALU 100 50 3 0

18 SDEP UNJHA 500 400 3 0

19 SDEG UNJHA 100 113 2 0

20 SDEP SIDHPUR 450 300 3 0

21 SDEG SIDHPUR 200 200 5 0

22 SDEP PATAN 350 150 5 0

23 SDEG PATAN 100 50 5 0

24 SDEG HRJSAMI 100 50 4 0

Total 5235 3838 75 5

33 Signature of the Contractor

SECTION ndashVII

STANDARD SCHEDULE OF RATE (SOR) FOR REPARING OF EPBT

AND CLIP INSTRUMENT IN MEHSANA TELECOM DISTRICT (MEHSANA SSA)

To

GMTD Mehsana

Sub - Our Financial Bid for repairing of EPBT amp CLIP Instruments in Mehsana SSA

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Sir

Having examined the tender documents terms amp conditions specification of work

stipulated there in IWe the undersigned offer our rates in percentage as under

Brief description of items for

Repairing under ARC

Approx Quantity to be

repaired under ARC

SOR Per Instrument

(a) (b) (c)

(1) Repairing of CLIP Telephones

instruments

5235 No Rs 55-

(2) Repairing of Electronics Push

Button Telephones (EPBT)

3838 No Rs 23-

(3) Repairing of Buttons Key

75 No Rs 26-

(3) Repairing of Plan Instruments

5 No Rs 39-

Note- The Quantity of Clip instrument ( 5500) may be consider which AMC will be expired as per given below -

(1) AMC of 1400 PTPL instrument may be expired on 23092016

(2) AMC of 3100 PTPL instrument may be expired on 21012017

(3) AMC of 1000 PTPL instrument may be expired on 25032017

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

34 Signature of the Contractor

ANNEXURE-I

Fault analysis report of instruments of quarter ending

No of faulty

instruments

with

contractor at

the

beginning of

the period

No of faulty instruments

received by contractor

during the quarter

No of faulty instruments

repaired and returned to

Depot officer

CF No of

faulty

instruments

with

contractor

In warranty Out of

warranty

In warranty Out of

warranty

1

2

Nature of Fault

Type No Of instruments

No

dial

tone

Dial

faulty

No

ring

Poor

speechdisturbance

Dead Display

Fault

No fault

foundMisc

In

warrant

Out of

warranty

Repairing carried out

Type Faults in

TransmitterReceiver Ringer Contract

foil

PCB

Fault

Disply No fault

foundMisc

In

warrant

Out of

warranty

35 Signature of the Contractor

ANNEXURE ndashII

DECLARATION

(TO BE SUBMITTED WITH TECHNICAL BID)

IWe hereby declare that IWe have carefully gone through the Terms amp Conditions of

Tender Notice Invited vide No MMTenderMehsana2016-1706 Dated 26102016 in

detail and agree to the rate submitted by MeUs in the rate sheet and IWe agree in full to

abide by them

1) Signature of the Party ___________________________________

Full Name ___________________________________

(In block letter) ___________________________________

2) Full address ___________________________________

___________________________________

___________________________________

___________________________________

Tele No (O)________________________________

(R)________________________________

3) Capacity in which the __________________________________

Tender is signed

Rubber stamp is required) __________________________________

__________________________________

Date Signature of the Tenderer with seal

36 Signature of the Contractor

ANNEXURE ndash IV

DECLARATION REGARDING EPF TO BE GIVEN ON NON-JUDICIAL STAMPS

PAPER OF RS 100-

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

I helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipProprietor of

Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip do here by declare

that I am the proprietor of my above firm I am carrying out the repairing of

EPBT amp CLIP my self I do not engage labour So EPF is not applicable to

me

However the decision of the competent authority shall be binding to me in

this regard

Name of the Bidder

Signature of the Bidder with Seal

37 Signature of the Contractor

ANNEXURE ndash V

Undertaking to be given for compliance of EPF Registration certificate

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

We the partners Directors of the firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Do here by undertake that if our tender is accepted we will submit the EPF Registration

certification at the earliest latest by one month after the agreement carried out with the

BSNL Mehsana for execution of works for repairing of EPBT amp CLIP Instruments in

Mehsana SSA failing which the decision of the competent authority will be binding on us

To be signed by all Partners directors

38 Signature of the Contractor

ANNEXURE ndash VI

LETTEROF AUTHORISATION FOR ATTENDING BID OPENING

Tender Number MMTenderMehsana2016-1706 Dated 26102016

Subject Authorisation for attending bid opening on___________________(date) the

tender of following persons are hereby authorised to attend the bid opening

for the tender mentioned above on behalf of ______________________

(Bidder) in order of preference given below

Order of Preference Name

Specimen Signatures

I

II

Alternate

Representative

Signatures of

bidder

Or

Officer authorised to sign the bid

Documents on behalf of the bidder

No 1 Maximum of two representatives will be permitted to attend bid opening In

case where it is restricted to one first preference will be allowed Alternate

representative will be permitted when regular representatives are not to able

attending

2 Permission for entry to the hall where bids are opened may be refused in case

authorisation as prescribed above is not recovered

39 Signature of the Contractor

ANNEXURE ndash VII

INTEGRITY PACT

Between

Bharat Sanchar Nigam Limited (BSNL) GMTD-Mehsana hereinafter referred to as ldquoThe

Principalrdquo

And

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphereinafter referred to as ldquoThe BidderContractorrdquo

Preamble

The Principal intends to award under laid down organizational procedures contracts for --

----------------------------------------- The Principal values full compliance with all relevant

laws and regulations and the principles of economic use of resources and of fairness and

transparency in its relations with its Bidders and Contractors

In order to achieve these goals the Principal will appoint an Independent External Monitor

who will monitor the tender process and the execution of the contract for compliance with

the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to

observe the following principles -

(a) No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for

or accept for himherself or third person any material or immaterial benefit which heshe

is not legally entitled to

(b) The Principal will during the tender process treat all Bidder(s) with equity and reason

The Principal will in particular before and during the tender process provide to all

Bidder(s) the same information and will not provide to any Bidder(s)

confidentialadditional information through which the Bidder(s) could obtain an advantage

in relation to the tender process or the contract execution

(c) The Principal will exclude from the process all known prejudiced persons

(2) If the Principal obtains information on the conduct of any of its employees which is a

criminal offence under the relevant Anti-Corruption Laws of India or if there be a

substantive suspicion in this regard the Principal will inform its Vigilance Office and in

addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder(s)Contractor(s)

(1) The Bidder(s)Contractor(s) commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation

in the tender process and during the contract execution

(a) The Bidder(s)Contractor(s) will not directly or through any other person or firm offer

promise or give to any of the Principalrsquos employees involved in the tender process or the

40 Signature of the Contractor

execution of the contract or to any third person any material or immaterial benefit which

heshe is not legally entitled to in order to obtain in exchange any advantage of any kind

whatsoever during the tender process or during the execution of the contract

(b) The Bidder(s)Contractor(s) will not enter with other Bidder(s) 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

(c) The Bidder(s)Contractor(s) will not commit any offence under the relevant Anti-

corruption Laws of India further the Bidder(s)Contractor(s) will not use improperly for

purposes of competition or personal gain or pass on to others any information or

document provided by the Principal as part of the business relationship regarding plans

technical proposals and business details including information contained or transmitted

electronically

(d) The Bidder(s)Contractor(s) will when presenting his bid disclose any and all

payments he has made is committed to or intends to make to agents brokers or any other

intermediaries in connection with the award of the contract

(2) The Bidder(s)Contractor(s) will not instigate third persons to commit offences outlined

above or be an accessory to such offences

Section 3 ndash Disqualification from tender process and exclusion from future contracts

If the Bidder(s)Contractor(s) before contract award or during execution has committed a

transgression through a violation of Section 2 above or in any other form such as to put his

reliability or credibility in question the Principal is entitled to disqualify the

Bidder(s)Contractor(s) from the tender process or take action as per the defined procedure

Section 4 ndash Compensation for Damages

(i) If the Principal has disqualified the Bidder(s) from the tender process prior to the award

according to Section 3 the Principal is entitled to demand and recover the damages

equivalent to Earnest Money Deposit Bid Security

(ii) If the Principal has terminated the contract according to Section 3 or if the Principal is

entitled to terminate the contract according to section 3 the Principal shall be entitled to

demand and recover from the Contractor the amount equivalent to Security Deposit

Performance Bank Guarantee in addition to any other penalties recoveries as per terms

and conditions of the tender

Section 5 ndash Previous transgression

(i) The Bidder declares that no previous transgression occurred in the last 3 years with any

other Company in any country conforming to the Anti-corruption approach or with any

other Public Sector Enterprise in India that could justify his exclusion from the tender

process

(ii) If the Bidder makes incorrect statement on this subject he can be disqualified from the

tender process or action can be taken as per the defined procedure

Section 6 ndash Equal treatment of all BiddersContractorsSubcontractors

41 Signature of the Contractor

(i) The principal will enter into agreements with identical conditions as this one with all

BiddersContractors

(ii) The Bidder(s)Contractor(s) undertake(s) to demand from all subcontractors a

commitment in conformity with this Integrity Pact

(iii) The Principal will disqualify from the tender process all bidders who do not sign this

Pact or violate its provisions

Section 7 ndash Criminal charges against violating

Bidder(s)Contractor(s)Subcontractor(s)

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or

of an employee or a representative or an associate of a Bidder Contractor or

Subcontractor which constitutes corruption or if the Principal has substantive suspicion in

this regard the Principal will inform the Corporate Vigilance Office

Section 8 ndash External Independent MonitorMonitors

1 Principal appoints competent and credible Independent External Monitor for this Pact

The task of the Monitor is to review independently and objectively whether and to what

extent the parties comply with the obligations under this agreement

2 The Monitor is not subject to instructions by the representatives of the parties and

performs his functions neutrally and independently He reports to the CMD of the BSNL

3 The Bidder(s)Contractor(s) accepts that the Monitor has the right to access without

restriction to all Project documentation of the Principal including that provided by the

Contractor The Contractor will also grant the Monitor upon his request and demonstration

of a valid interest unrestricted and unconditional access to his project documentation The

same is applicable to Subcontractors The Monitor is under contractual obligation to treat

the information and documents of the Bidder(s)Contractor(s)Subcontractor(s) with

confidentiality

Notwithstanding anything contained in this Section the Bidder(s)Contractor(s) shall have

no obligation whatsoever to provide any internal costing mechanisms or any internal

financial or commercial data pursuant to any audit or review conducted by or on behalf of

the Principal Further the Bidder(s)Contractor(s) shall not be required to provide any data

relating to its other customers or any personnel or employee related date

4 The Principal will provide to the Monitor 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 Principal and the Contractor The parties offer to the

Monitor the option to participate in such meetings

5 As soon as the Monitor notices or believes to notice a violation of this agreement he

will so inform the Management of the Principal and request the Management to

discontinue or take corrective action or to take other relevant action The monitor can in

this regard submit non-binding recommendations Beyond this the Monitor has no right to

demand from the parties that they act in a specific manner refrain from action or tolerate

action

42 Signature of the Contractor

6 The Monitor will submit a written report to the Chairperson of the Board of the Principal

within 8 to 10 weeks from the date of reference or intimation to him by the lsquoPrincipalrsquo and

should the occasion arise submit proposals for correcting problematic situations

7 If the Monitor has reported to the CMD of the BSNL a substantiated suspicion of an

offence under relevant Anti-Corruption Laws of India and the BSNL has not within

reasonable time taken visible action to proceed against such offence or reported it to the

Corporate Vigilance Office the Monitor may also transmit this information directly to the

Central Vigilance Commissioner Government of India

8 The word lsquoMonitorrsquo would include both singular and plural

Section 9 ndash Pact Duration

This Pact begins when both parties have legally signed it It expires for the Contractor 12

months after the last payment under the contract and for all other Bidders 6 months after

the contract has been awarded

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 dischargeddetermined by

CMD BSNL

Section 10 ndash Other provisions

1 This agreement is subject to Indian Law Place of performance and jurisdiction is the

Registered Office of the Principal ie New Delhi The arbitration clause provided in the

tender document contract shall not be applicable for any issue dispute arising under

Integrity Pact

2 Changes and supplements as well as termination notice need to be made in writing

3 If the Contractor is a partnership or a consortium this agreement must be signed by all

partners or consortium members

4 Should one or several provisions of this agreement turn out to be invalid the remainder

of this agreement remains valid In this case the parties will strive to come to an agreement

to their original intensions

------------------------------------ ----------------------------------

For the Principal For the BidderContractor

Placehelliphelliphelliphelliphelliphelliphelliphellip Witness 1 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphellip Witness 2 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

43 Signature of the Contractor

Anexx-VIII

AGREEMENT

This agreement made on thishelliphelliphellip day of helliphelliphellip Yearhelliphelliphelliphellip Between hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphellipHerein after called ldquo The contractorrdquo (which expression shall unless excluded by or

repugnant to the context include its successors heir executors administrative representative and

assignee) of the one part amp the BSNL (GMTD Mehsana) herein after referred to as the BSNL of

other part Tender No MMTenderMehsana2016-1706 Dated 26102016

Where as the contractor has offered to enter with the said BSNL for the contract for repairing of

EPBT amp CLIP Plan instruments amp Buttons Key in Mehsana SSA Mehsana Telecom District on

the terms and conditions herein contained and the rates approved by the BSNL (copy of rates

annexed) have been dully accepted and whereas the necessary security deposit have been furnished

in accordance with the provision of the tender documents and whereas no interest will be claimed

on the security deposit Now these presents witness and it is hereby agreed and declared by and

between the partiesrsquo presents as follows

(1) The contractor shall during the period of this contract that is to say fromhelliphelliphelliphelliphellipTo

helliphelliphelliphellip or completion of work whichever is earlier or until this contract shall be

determined by such notice as is herein after mentioned safely carried out by means of

Labours employed at his own expense and by means of tools implements of equipments

etc to be supplied by him to his Labours at his own expense all work of repairing of

EPBT amp CLIP instruments as described in tender documents (annexed to the agreement)

when the BSNL or any other person authorized by GMTD Mehsana in that behalf require it

is under stood by the contractor that the quantity of work mentioned in the schedule is

likely to change as per actual requirement as demanded by exigencies of service

(2) The Notice Inviting Tender Bid documents (qualifying and financial) letter of intent

approved rates annexed here to and such other additional particulars instructions

drawings work orders as may be found requisite to be given during execution of work

shall be deemed and taken to be an integral part of the contract and shall be deemed to be

included in the expression ldquoThe agreement) or ldquoThe Contractrdquo wherever herein used

(3) The contractor also supplies the requisite number of workmen with means and materials as

well as tools appliances vehicles for transportation cartage etc required for the proper

execution of work within the prescribed in the work orders

(4) The contractor hereby declares that no body connected with or in the employment of the

BSNL is notshall not ever be admitted as partner in the contract

(5) The contractor shall abide by the terms and conditions rules guide lines constructions

particulars safety precautions etc stipulated in the tender documents including any

correspondence between the contractor and the BSNL having bearing on execution of work

and payments of work to be done under the contract

In witness whereof the partiesrsquo presents have here in to set their representative hands and

seals the day and year in

Signed sealed amp Delivered by

The above named contractor in the presence of

Above written

Witness

(1)

(2) Signed and delivered on behalf of BSNL

Witness

(1)

(2)

44 Signature of the Contractor

ANNEXURE-IX - UNDERTAKING

This deed of undertaking executed on this helliphelliphellip day ofhelliphelliphelliptwo thousand andhelliphellip

by (name of sole proprietorpartnerdirectorauthorized representative the firm

company trust society etc)helliphelliphelliphelliphelliphelliphelliphelliphelliphellipSO helliphelliphelliphelliphelliphelliphelliphellip

residing athelliphelliphelliphelliphelliphelliphelliphelliphelliphellipOn behalf of said helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of the firm company Trust Society etc) having its office athelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

and dully authorized to sign file and verify present undertaking by the said hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of Firm company Society etc) in favour of Bharat Sanchar Nigam Ltd a

Government Of India undertaking having its registered office at Statesman

HouseB-148 Barkhamba Road New Delhi and local office at Administrative

Building Sanchar Bhawan BSNL Pilaji Ganj Mehsana-1 here in after called

BSNL (which terms shall mean and include its successors administrators heirs and

assigns Where as MS BSNL invited bids for repairing of EPBT amp CLIP instruments in Mehsana SSA

IWe participated in the bidding process and emerged as successful bidder with respect to tender No

MMTenderMehsana2016-1706 Dated 26102016

IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Acknowledge that IWe have fully under

stood and aware of the terms amp conditions of the Tendercontract and do hereby unequivocally and

unconditionally undertake and declare that

(1) IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip shall comply with all

the rulesRegulationsLawsGovernment instructionsstatus etc that are

applicable will be made applicable and or are aimed to protect the interest of

the workersemployees engaged by meus in the past and during the course of

performance of the contract with BSNL

(2) IWe shall fully protect indemnity and hold harmless BSNL and its employees

officers Directors agents judgments damages fines penalties and costs

(including legal costs and disbursements) arising from or relating to

Any breach violation of any direction order from any governmental

authority any provisions of the labour laws or any other laws status or

regulations that are or will be aimed to protect the interest of the

workersLabours engaged by the contractors in past and during the

course of this contract

OR

Any other payments claims or liability that may arise for ensuring

compliance of the provisions of any of the labour laws or any other laws

etc OR

Any other claim made by any third party in connection with any violation

of any laws guide lines instructions etc

In witness whereof this undertaking has caused on thehelliphelliphelliphelliphelliphellip

DayhelliphelliphelliphelliphellipMonth ofhelliphelliphellip Year

Date

Place

Signature

Name

Designation

Witness 1 2helliphelliphellip

45 Signature of the Contractor

ANNEXURE-X

E-Tendering Instructions to Bidders

These Special Instructions (for e-Tendering) supplement lsquoGeneral instructions to Biddersrsquo as enclosed in Section IV of this E-Tender Document Wherever there is a conflict the provisions herein shall prevail over those in other pages of this document

Submission of Bids only through online process is mandatory for this Tender

For conducting electronic tendering BSNL Mehsana is using the portal

(httpeprocurementsynisecombsnl1gujarat) of Ms Synise Technologies ltd Pune A - Submission of tender

1 The bidding process will be accepted only through e-tendering platform 2 Availability of e-tendering document e-tender document can be obtained by

downloading it from the website httpeprocurementsynisecombsnl1gujarat the

physical copy of the Tender document would not be available for sale

3 The Tender document shall not be available for download on its submissionclosing date B - General 1 Tender Bidding Methodology

Sealed Bid System ndashldquoSingle Stage using two envelopsrdquo

In this case of two envelope system Financial amp Techno-commercial bids shall be

submitted by the bidder at the same time

2 Broad outline of activities from Bidders prospective

1 Procure a Digital Signing Certificate (DSC)

2 Register on Electronic Tendering System (RETS)

3 Create Users and assign roles on ETS

4 View Notice Inviting Tender (NIT) on ETS

5 Download Official Copy of Tender Documents from ETS

6 Clarification to Tender Documents on ET Query to BSNL (Optional)

View response to queries posted by BSNL as addenda

7 Bid-Submission on ETS

8 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Techno-commercial Part

9 View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond to BSNLrsquos Post-TOE queries

10 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Financial-Part (Only for Technical Responsive Bidders)

For participating in this tender online the following instructions need to be read

carefully These instructions are supplemented with more detailed guidelines on

the relevant screens of the ETS

3 Digital Certificates

For integrity of data and its authenticity non-repudiation of electronic records and be compliant with IT Act 2000 it is necessary for each user to have a Digital Certificate (DC) also referred to as Digital Signature Certificate (DSC) of Class 2 or above issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer httpwwwccagovin]

4 Registration

To use the Electronic Tenderreg portal ( httpeprocurementsynisecombsnl1gujarat) vendor needs to register on the

46 Signature of the Contractor

portal Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e-tendering activities In ETS terminology this person will be referred to as the Super User (SU) of that organization For f u r ther details

p lease v is i t the websiteportal and follow further instructions as given on the site You may also contact tender wizard Helpdesk (as given below) to get your registration acceptedactivated Tender wizard Helpdesk

Telephone 020-30277517 020-30277522020-30277516

[between 1000 hrs to 1800 hrs on working days]

Mobile Nos Mr Hiren Pandar 7774013247 7774013248

E-mail ID helpdesksynisecom [Please mark CC

hirenpsynisecom]

BSNL Contact-1

BSNLrsquos Contact Person AGM MM Mehsana

Telephone Mobile (02762-220855222900)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID agmmmmehbsnlin

BSNL Contact-2

BSNLrsquos Contact Person SDE MM-Mehsana

Telephone Mobile (02762-221855)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID mehsdemm2bsnlin 5 Bid related Information for this Tender (Sealed Bid)

The entire bid-submission would be

online on ETS Broad outline of

submissions are as follows

Submission of digitally signed copy of Tender DocumentsAddendumaddenda

Two Envelopes

Techno-commercial -Part

Financial-Part

Note -

i) If some document is not applicable for the bidder then he has to upload

scanned copy of paper mentioning ldquoThe document ltNamegt called vide

clause helliphelliphelliphelliphelliphelliphellip is not applicable on usrdquo

ii) If document asked for contains more than one page then all those pages may be uploaded in one PDF format file

iii) Please take care to scan documents such that the total size of

documents to be uploaded remains minimum However it shall be sole

responsibility of bidder that the uploaded documents remain eligible

6 Offline Submissions

The bidder is requested to submit the following documents offline to AGM (MM) 2nd Floor Sanchar Bhawan Pilaji Ganj Mehsana-384001 on or before the date amp

time of submission of bids specified in covering letter of this tender

47 Signature of the Contractor

document in a Sealed Envelope The envelope shall bear (name of the tender) the tender number and the words lsquoDO NOT OPEN BEFORErsquo (due date amp time)

1 EMD-Bid Security in Original

2 DD Bankers cheque against payment of tender fee

3 Power of attorney (if applicable) Note The bidder has to upload the Scanned copy of all above said documents during

online Bid submission also

7 Special Note on Security of Bids

Security related functionality has been rigorously implemented in ETS in a multi-dimensional manner Starting with Acceptance of Registration by the Service Provider provision for security has been made at various stages in Electronic Tenderrsquos software Security related aspects as regard Bid Submission are outlined below

As part of the Electronic Encryptertrade functionality the contents of both the lsquoElectronic Formsrsquo and the lsquoMain-Bidrsquo are securely encrypted using a Pass-Phrase created by the Bidder himself Unlike a lsquopasswordrsquo a Pass-Phrase can be a multi-word sentence with spaces between words (eg I love this World) A Pass-Phrase is easier to remember and more difficult to break It is recommended that a separate Pass-Phrase be created for each Bid-Part This method of bid- encryption does not have the security and data-integrity related vulnerabilities which are inherent in E-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid- encryption Bid-encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE) even if there is connivance between the concerned tender- opening officers of the Buyer organization and the personnel of e-tendering service provider

Typically lsquoPass-Phrasersquo of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself when demanded by the concerned Tender Opening Officers who will open the bid Else Tender Opening Officer may authorize the bidder to open his bid himself There is an additional protection with SSL Encryption during transit from the client-end computer of a Supplier organization to the e-tendering server portal

8 Public Online Tender Opening Event (TOE)

ETS offers a unique facility for lsquoPublic Online Tender Opening Event (TOE)rsquo Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices For this purpose representatives of bidders (ie Supplier organization) dully authorized are requested to carry a Laptop and Wireless Connectivity to Internet Every legal requirement for a transparent and secure lsquoPublic Online Tender Opening Event (TOE)rsquo has been implemented on ETS As soon as a Bid is decrypted with the corresponding lsquoPass-Phrasersquo as submitted online by the bidder himself (during the TOE itself) salient points of the Bids are simultaneously made available for downloading by all participating bidders The work of taking notes during a manual lsquoTender Opening Eventrsquo is therefore replaced with this superior and convenient form of lsquoPublic Online Tender Opening Event (TOE)rsquo ETS has a unique facility of lsquoOnline Comparison Chartrsquo which is dynamically updated as each online bid is opened The format of the chart is based on inputs provided by the Buyer for each Tender The information in the Comparison Chart is based on the data submitted by the Bidders in electronic forms A detailed Technical and or Financial Comparison Chart enhances Transparency Detailed instructions are given on relevant screens

48 Signature of the Contractor

ETS has a unique facility of a detailed report titled lsquoMinutes of Online Tender Opening Event (TOE)rsquo covering all important activities of lsquoOnline Tender Opening Event (TOE)rsquo This is available to all participating bidders for lsquoViewing Downloadingrsquo

There are many more facilities and features on ETS For a particular tender the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer

NOTE In case of internet related problem at a bidderrsquos end especially during lsquocritical

eventsrsquo such as ndash a short period before bid-submission deadline during online

public tender opening event etc it is the bidderrsquos responsibility to have backup

internet connections In case there is a problem at the e- procurement

service-providerrsquos end (in the server leased line etc) due to which all the

bidders face a problem during critical events and this is brought to the notice

of BSNL by the bidders in time then BSNL will promptly re-schedule the

affected event(s)

9 Other Instructions

For further instructions the vendor should visit the home-page of the portal

( httpeprocurementsynisecombsnl1gujarat) and go to the User-Guidance Center The help information provided through lsquoETS User-Guidance Centerrsquo is available in three categories ndash

Users intending to Register First-Time Users Logged-in users of Buyer organizations and Logged-in users of Supplier organizations Various links are provided under each of the three categories Note It is strongly recommended that all authorized users of Supplier

organizations should thoroughly peruse the information provided under the

relevant links and take appropriate action This will prevent hiccups and minimize

teething problems during the use of ETS

The following lsquoFOUR KEY INSTRUCTIONS for BIDDERSrsquo must be assiduously adhered to

1 Obtain individual Digital Signing Certificate (DSC or DC) well in advance of

your first tender submission deadline on ETS

2 Register your organization on ETS well in advance of your first tender submission deadline on ETS

3 Get your organizationrsquos concerned executives trained on ETS well in advance of your first tender submission deadline on ETS

4 Submit your bids well in advance of tender submission deadline on ETS as

there could be last minute problems due to internet timeout breakdown etc

While the first three instructions mentioned above are especially relevant to first-time users of ETS the fourth instruction is relevant at all times

10 Minimum Requirements at Bidders end

Computer System with good configuration (Min P IV 1 GB RAM Windows XP)

Broadband connectivity

Microsoft Internet Explorer 60 or above

Digital Certificate(s) for users

49 Signature of the Contractor

ANNEXURE-III

RATE SHEET

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Rate should be quoted in below Rate Sheet

Sr

No

Rates Quoted By Bidder With Respect to SOR (Schedule Of Rate)

Particulars In Figure In Words

1 Above Of SOR

2 Below Of SOR

3 AT PAR

[At Same Rates of SOR]

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

Signature of the Bidder with Seal

Note

1 All faulty instruments are to be repaired except fully broken or fully burnt due to

electric hazards

2 The work may be offered to more than one contractor if required

Signature of the Tenderer with seal

Full Name _____________________

Full Address________________________

  • TABLE OF CONTENTS
    • CERTIFICATE REGARDING NEAR RLATIVES
      • LETTEROF AUTHORISATION FOR ATTENDING BID OPENING
      • Signed sealed amp Delivered by
      • Above written
        • ANNEXURE-IX - UNDERTAKING

32 Signature of the Contractor

SECTION ndashVI

1 Specification and Tentative Quantum of work for repairing of EPBT amp

CLIP (approximate)

Sr

No

Name of SDE Unit

[Concern Supervising

Authority]

Quantum of Works for Tender for repairing

of EPBT amp CLIP Instruments [In No]

CLIP Inst EPBT

Inst

Buttons

Key

Plan Inst

1 SDE P MEHSANA 750 900 3 5

2 SDE G MEHSANA 225 250 5 0

3 SDE G CHANASAMA 100 0 5 0

4 SDE G CHHATRAL 350 200 0 0

5 SDEP KADI 50 0 0 0

6 SDEG KADI 50 0 0 0

7 SDEP KALOL 750 450 7 0

8 SDEG KALOL 150 50 0 0

9 SDEP VIJAPUR 60 85 2 0

10 SDEG VIJAPUR 75 95 2 0

11 SDEG MNSGZR 50 80 3 0

12 SDEG KUKARWADA 50 75 2 0

13 SDEP VISNAGAR 350 200 5 0

14 SDEG VISNAGAR 150 75 4 0

15 SDEG VADNAGAR 100 25 4 0

16 SDEG SATLASANA 75 40 3 0

17 SDEG KHERALU 100 50 3 0

18 SDEP UNJHA 500 400 3 0

19 SDEG UNJHA 100 113 2 0

20 SDEP SIDHPUR 450 300 3 0

21 SDEG SIDHPUR 200 200 5 0

22 SDEP PATAN 350 150 5 0

23 SDEG PATAN 100 50 5 0

24 SDEG HRJSAMI 100 50 4 0

Total 5235 3838 75 5

33 Signature of the Contractor

SECTION ndashVII

STANDARD SCHEDULE OF RATE (SOR) FOR REPARING OF EPBT

AND CLIP INSTRUMENT IN MEHSANA TELECOM DISTRICT (MEHSANA SSA)

To

GMTD Mehsana

Sub - Our Financial Bid for repairing of EPBT amp CLIP Instruments in Mehsana SSA

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Sir

Having examined the tender documents terms amp conditions specification of work

stipulated there in IWe the undersigned offer our rates in percentage as under

Brief description of items for

Repairing under ARC

Approx Quantity to be

repaired under ARC

SOR Per Instrument

(a) (b) (c)

(1) Repairing of CLIP Telephones

instruments

5235 No Rs 55-

(2) Repairing of Electronics Push

Button Telephones (EPBT)

3838 No Rs 23-

(3) Repairing of Buttons Key

75 No Rs 26-

(3) Repairing of Plan Instruments

5 No Rs 39-

Note- The Quantity of Clip instrument ( 5500) may be consider which AMC will be expired as per given below -

(1) AMC of 1400 PTPL instrument may be expired on 23092016

(2) AMC of 3100 PTPL instrument may be expired on 21012017

(3) AMC of 1000 PTPL instrument may be expired on 25032017

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

34 Signature of the Contractor

ANNEXURE-I

Fault analysis report of instruments of quarter ending

No of faulty

instruments

with

contractor at

the

beginning of

the period

No of faulty instruments

received by contractor

during the quarter

No of faulty instruments

repaired and returned to

Depot officer

CF No of

faulty

instruments

with

contractor

In warranty Out of

warranty

In warranty Out of

warranty

1

2

Nature of Fault

Type No Of instruments

No

dial

tone

Dial

faulty

No

ring

Poor

speechdisturbance

Dead Display

Fault

No fault

foundMisc

In

warrant

Out of

warranty

Repairing carried out

Type Faults in

TransmitterReceiver Ringer Contract

foil

PCB

Fault

Disply No fault

foundMisc

In

warrant

Out of

warranty

35 Signature of the Contractor

ANNEXURE ndashII

DECLARATION

(TO BE SUBMITTED WITH TECHNICAL BID)

IWe hereby declare that IWe have carefully gone through the Terms amp Conditions of

Tender Notice Invited vide No MMTenderMehsana2016-1706 Dated 26102016 in

detail and agree to the rate submitted by MeUs in the rate sheet and IWe agree in full to

abide by them

1) Signature of the Party ___________________________________

Full Name ___________________________________

(In block letter) ___________________________________

2) Full address ___________________________________

___________________________________

___________________________________

___________________________________

Tele No (O)________________________________

(R)________________________________

3) Capacity in which the __________________________________

Tender is signed

Rubber stamp is required) __________________________________

__________________________________

Date Signature of the Tenderer with seal

36 Signature of the Contractor

ANNEXURE ndash IV

DECLARATION REGARDING EPF TO BE GIVEN ON NON-JUDICIAL STAMPS

PAPER OF RS 100-

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

I helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipProprietor of

Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip do here by declare

that I am the proprietor of my above firm I am carrying out the repairing of

EPBT amp CLIP my self I do not engage labour So EPF is not applicable to

me

However the decision of the competent authority shall be binding to me in

this regard

Name of the Bidder

Signature of the Bidder with Seal

37 Signature of the Contractor

ANNEXURE ndash V

Undertaking to be given for compliance of EPF Registration certificate

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

We the partners Directors of the firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Do here by undertake that if our tender is accepted we will submit the EPF Registration

certification at the earliest latest by one month after the agreement carried out with the

BSNL Mehsana for execution of works for repairing of EPBT amp CLIP Instruments in

Mehsana SSA failing which the decision of the competent authority will be binding on us

To be signed by all Partners directors

38 Signature of the Contractor

ANNEXURE ndash VI

LETTEROF AUTHORISATION FOR ATTENDING BID OPENING

Tender Number MMTenderMehsana2016-1706 Dated 26102016

Subject Authorisation for attending bid opening on___________________(date) the

tender of following persons are hereby authorised to attend the bid opening

for the tender mentioned above on behalf of ______________________

(Bidder) in order of preference given below

Order of Preference Name

Specimen Signatures

I

II

Alternate

Representative

Signatures of

bidder

Or

Officer authorised to sign the bid

Documents on behalf of the bidder

No 1 Maximum of two representatives will be permitted to attend bid opening In

case where it is restricted to one first preference will be allowed Alternate

representative will be permitted when regular representatives are not to able

attending

2 Permission for entry to the hall where bids are opened may be refused in case

authorisation as prescribed above is not recovered

39 Signature of the Contractor

ANNEXURE ndash VII

INTEGRITY PACT

Between

Bharat Sanchar Nigam Limited (BSNL) GMTD-Mehsana hereinafter referred to as ldquoThe

Principalrdquo

And

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphereinafter referred to as ldquoThe BidderContractorrdquo

Preamble

The Principal intends to award under laid down organizational procedures contracts for --

----------------------------------------- The Principal values full compliance with all relevant

laws and regulations and the principles of economic use of resources and of fairness and

transparency in its relations with its Bidders and Contractors

In order to achieve these goals the Principal will appoint an Independent External Monitor

who will monitor the tender process and the execution of the contract for compliance with

the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to

observe the following principles -

(a) No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for

or accept for himherself or third person any material or immaterial benefit which heshe

is not legally entitled to

(b) The Principal will during the tender process treat all Bidder(s) with equity and reason

The Principal will in particular before and during the tender process provide to all

Bidder(s) the same information and will not provide to any Bidder(s)

confidentialadditional information through which the Bidder(s) could obtain an advantage

in relation to the tender process or the contract execution

(c) The Principal will exclude from the process all known prejudiced persons

(2) If the Principal obtains information on the conduct of any of its employees which is a

criminal offence under the relevant Anti-Corruption Laws of India or if there be a

substantive suspicion in this regard the Principal will inform its Vigilance Office and in

addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder(s)Contractor(s)

(1) The Bidder(s)Contractor(s) commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation

in the tender process and during the contract execution

(a) The Bidder(s)Contractor(s) will not directly or through any other person or firm offer

promise or give to any of the Principalrsquos employees involved in the tender process or the

40 Signature of the Contractor

execution of the contract or to any third person any material or immaterial benefit which

heshe is not legally entitled to in order to obtain in exchange any advantage of any kind

whatsoever during the tender process or during the execution of the contract

(b) The Bidder(s)Contractor(s) will not enter with other Bidder(s) 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

(c) The Bidder(s)Contractor(s) will not commit any offence under the relevant Anti-

corruption Laws of India further the Bidder(s)Contractor(s) will not use improperly for

purposes of competition or personal gain or pass on to others any information or

document provided by the Principal as part of the business relationship regarding plans

technical proposals and business details including information contained or transmitted

electronically

(d) The Bidder(s)Contractor(s) will when presenting his bid disclose any and all

payments he has made is committed to or intends to make to agents brokers or any other

intermediaries in connection with the award of the contract

(2) The Bidder(s)Contractor(s) will not instigate third persons to commit offences outlined

above or be an accessory to such offences

Section 3 ndash Disqualification from tender process and exclusion from future contracts

If the Bidder(s)Contractor(s) before contract award or during execution has committed a

transgression through a violation of Section 2 above or in any other form such as to put his

reliability or credibility in question the Principal is entitled to disqualify the

Bidder(s)Contractor(s) from the tender process or take action as per the defined procedure

Section 4 ndash Compensation for Damages

(i) If the Principal has disqualified the Bidder(s) from the tender process prior to the award

according to Section 3 the Principal is entitled to demand and recover the damages

equivalent to Earnest Money Deposit Bid Security

(ii) If the Principal has terminated the contract according to Section 3 or if the Principal is

entitled to terminate the contract according to section 3 the Principal shall be entitled to

demand and recover from the Contractor the amount equivalent to Security Deposit

Performance Bank Guarantee in addition to any other penalties recoveries as per terms

and conditions of the tender

Section 5 ndash Previous transgression

(i) The Bidder declares that no previous transgression occurred in the last 3 years with any

other Company in any country conforming to the Anti-corruption approach or with any

other Public Sector Enterprise in India that could justify his exclusion from the tender

process

(ii) If the Bidder makes incorrect statement on this subject he can be disqualified from the

tender process or action can be taken as per the defined procedure

Section 6 ndash Equal treatment of all BiddersContractorsSubcontractors

41 Signature of the Contractor

(i) The principal will enter into agreements with identical conditions as this one with all

BiddersContractors

(ii) The Bidder(s)Contractor(s) undertake(s) to demand from all subcontractors a

commitment in conformity with this Integrity Pact

(iii) The Principal will disqualify from the tender process all bidders who do not sign this

Pact or violate its provisions

Section 7 ndash Criminal charges against violating

Bidder(s)Contractor(s)Subcontractor(s)

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or

of an employee or a representative or an associate of a Bidder Contractor or

Subcontractor which constitutes corruption or if the Principal has substantive suspicion in

this regard the Principal will inform the Corporate Vigilance Office

Section 8 ndash External Independent MonitorMonitors

1 Principal appoints competent and credible Independent External Monitor for this Pact

The task of the Monitor is to review independently and objectively whether and to what

extent the parties comply with the obligations under this agreement

2 The Monitor is not subject to instructions by the representatives of the parties and

performs his functions neutrally and independently He reports to the CMD of the BSNL

3 The Bidder(s)Contractor(s) accepts that the Monitor has the right to access without

restriction to all Project documentation of the Principal including that provided by the

Contractor The Contractor will also grant the Monitor upon his request and demonstration

of a valid interest unrestricted and unconditional access to his project documentation The

same is applicable to Subcontractors The Monitor is under contractual obligation to treat

the information and documents of the Bidder(s)Contractor(s)Subcontractor(s) with

confidentiality

Notwithstanding anything contained in this Section the Bidder(s)Contractor(s) shall have

no obligation whatsoever to provide any internal costing mechanisms or any internal

financial or commercial data pursuant to any audit or review conducted by or on behalf of

the Principal Further the Bidder(s)Contractor(s) shall not be required to provide any data

relating to its other customers or any personnel or employee related date

4 The Principal will provide to the Monitor 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 Principal and the Contractor The parties offer to the

Monitor the option to participate in such meetings

5 As soon as the Monitor notices or believes to notice a violation of this agreement he

will so inform the Management of the Principal and request the Management to

discontinue or take corrective action or to take other relevant action The monitor can in

this regard submit non-binding recommendations Beyond this the Monitor has no right to

demand from the parties that they act in a specific manner refrain from action or tolerate

action

42 Signature of the Contractor

6 The Monitor will submit a written report to the Chairperson of the Board of the Principal

within 8 to 10 weeks from the date of reference or intimation to him by the lsquoPrincipalrsquo and

should the occasion arise submit proposals for correcting problematic situations

7 If the Monitor has reported to the CMD of the BSNL a substantiated suspicion of an

offence under relevant Anti-Corruption Laws of India and the BSNL has not within

reasonable time taken visible action to proceed against such offence or reported it to the

Corporate Vigilance Office the Monitor may also transmit this information directly to the

Central Vigilance Commissioner Government of India

8 The word lsquoMonitorrsquo would include both singular and plural

Section 9 ndash Pact Duration

This Pact begins when both parties have legally signed it It expires for the Contractor 12

months after the last payment under the contract and for all other Bidders 6 months after

the contract has been awarded

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 dischargeddetermined by

CMD BSNL

Section 10 ndash Other provisions

1 This agreement is subject to Indian Law Place of performance and jurisdiction is the

Registered Office of the Principal ie New Delhi The arbitration clause provided in the

tender document contract shall not be applicable for any issue dispute arising under

Integrity Pact

2 Changes and supplements as well as termination notice need to be made in writing

3 If the Contractor is a partnership or a consortium this agreement must be signed by all

partners or consortium members

4 Should one or several provisions of this agreement turn out to be invalid the remainder

of this agreement remains valid In this case the parties will strive to come to an agreement

to their original intensions

------------------------------------ ----------------------------------

For the Principal For the BidderContractor

Placehelliphelliphelliphelliphelliphelliphelliphellip Witness 1 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphellip Witness 2 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

43 Signature of the Contractor

Anexx-VIII

AGREEMENT

This agreement made on thishelliphelliphellip day of helliphelliphellip Yearhelliphelliphelliphellip Between hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphellipHerein after called ldquo The contractorrdquo (which expression shall unless excluded by or

repugnant to the context include its successors heir executors administrative representative and

assignee) of the one part amp the BSNL (GMTD Mehsana) herein after referred to as the BSNL of

other part Tender No MMTenderMehsana2016-1706 Dated 26102016

Where as the contractor has offered to enter with the said BSNL for the contract for repairing of

EPBT amp CLIP Plan instruments amp Buttons Key in Mehsana SSA Mehsana Telecom District on

the terms and conditions herein contained and the rates approved by the BSNL (copy of rates

annexed) have been dully accepted and whereas the necessary security deposit have been furnished

in accordance with the provision of the tender documents and whereas no interest will be claimed

on the security deposit Now these presents witness and it is hereby agreed and declared by and

between the partiesrsquo presents as follows

(1) The contractor shall during the period of this contract that is to say fromhelliphelliphelliphelliphellipTo

helliphelliphelliphellip or completion of work whichever is earlier or until this contract shall be

determined by such notice as is herein after mentioned safely carried out by means of

Labours employed at his own expense and by means of tools implements of equipments

etc to be supplied by him to his Labours at his own expense all work of repairing of

EPBT amp CLIP instruments as described in tender documents (annexed to the agreement)

when the BSNL or any other person authorized by GMTD Mehsana in that behalf require it

is under stood by the contractor that the quantity of work mentioned in the schedule is

likely to change as per actual requirement as demanded by exigencies of service

(2) The Notice Inviting Tender Bid documents (qualifying and financial) letter of intent

approved rates annexed here to and such other additional particulars instructions

drawings work orders as may be found requisite to be given during execution of work

shall be deemed and taken to be an integral part of the contract and shall be deemed to be

included in the expression ldquoThe agreement) or ldquoThe Contractrdquo wherever herein used

(3) The contractor also supplies the requisite number of workmen with means and materials as

well as tools appliances vehicles for transportation cartage etc required for the proper

execution of work within the prescribed in the work orders

(4) The contractor hereby declares that no body connected with or in the employment of the

BSNL is notshall not ever be admitted as partner in the contract

(5) The contractor shall abide by the terms and conditions rules guide lines constructions

particulars safety precautions etc stipulated in the tender documents including any

correspondence between the contractor and the BSNL having bearing on execution of work

and payments of work to be done under the contract

In witness whereof the partiesrsquo presents have here in to set their representative hands and

seals the day and year in

Signed sealed amp Delivered by

The above named contractor in the presence of

Above written

Witness

(1)

(2) Signed and delivered on behalf of BSNL

Witness

(1)

(2)

44 Signature of the Contractor

ANNEXURE-IX - UNDERTAKING

This deed of undertaking executed on this helliphelliphellip day ofhelliphelliphelliptwo thousand andhelliphellip

by (name of sole proprietorpartnerdirectorauthorized representative the firm

company trust society etc)helliphelliphelliphelliphelliphelliphelliphelliphelliphellipSO helliphelliphelliphelliphelliphelliphelliphellip

residing athelliphelliphelliphelliphelliphelliphelliphelliphelliphellipOn behalf of said helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of the firm company Trust Society etc) having its office athelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

and dully authorized to sign file and verify present undertaking by the said hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of Firm company Society etc) in favour of Bharat Sanchar Nigam Ltd a

Government Of India undertaking having its registered office at Statesman

HouseB-148 Barkhamba Road New Delhi and local office at Administrative

Building Sanchar Bhawan BSNL Pilaji Ganj Mehsana-1 here in after called

BSNL (which terms shall mean and include its successors administrators heirs and

assigns Where as MS BSNL invited bids for repairing of EPBT amp CLIP instruments in Mehsana SSA

IWe participated in the bidding process and emerged as successful bidder with respect to tender No

MMTenderMehsana2016-1706 Dated 26102016

IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Acknowledge that IWe have fully under

stood and aware of the terms amp conditions of the Tendercontract and do hereby unequivocally and

unconditionally undertake and declare that

(1) IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip shall comply with all

the rulesRegulationsLawsGovernment instructionsstatus etc that are

applicable will be made applicable and or are aimed to protect the interest of

the workersemployees engaged by meus in the past and during the course of

performance of the contract with BSNL

(2) IWe shall fully protect indemnity and hold harmless BSNL and its employees

officers Directors agents judgments damages fines penalties and costs

(including legal costs and disbursements) arising from or relating to

Any breach violation of any direction order from any governmental

authority any provisions of the labour laws or any other laws status or

regulations that are or will be aimed to protect the interest of the

workersLabours engaged by the contractors in past and during the

course of this contract

OR

Any other payments claims or liability that may arise for ensuring

compliance of the provisions of any of the labour laws or any other laws

etc OR

Any other claim made by any third party in connection with any violation

of any laws guide lines instructions etc

In witness whereof this undertaking has caused on thehelliphelliphelliphelliphelliphellip

DayhelliphelliphelliphelliphellipMonth ofhelliphelliphellip Year

Date

Place

Signature

Name

Designation

Witness 1 2helliphelliphellip

45 Signature of the Contractor

ANNEXURE-X

E-Tendering Instructions to Bidders

These Special Instructions (for e-Tendering) supplement lsquoGeneral instructions to Biddersrsquo as enclosed in Section IV of this E-Tender Document Wherever there is a conflict the provisions herein shall prevail over those in other pages of this document

Submission of Bids only through online process is mandatory for this Tender

For conducting electronic tendering BSNL Mehsana is using the portal

(httpeprocurementsynisecombsnl1gujarat) of Ms Synise Technologies ltd Pune A - Submission of tender

1 The bidding process will be accepted only through e-tendering platform 2 Availability of e-tendering document e-tender document can be obtained by

downloading it from the website httpeprocurementsynisecombsnl1gujarat the

physical copy of the Tender document would not be available for sale

3 The Tender document shall not be available for download on its submissionclosing date B - General 1 Tender Bidding Methodology

Sealed Bid System ndashldquoSingle Stage using two envelopsrdquo

In this case of two envelope system Financial amp Techno-commercial bids shall be

submitted by the bidder at the same time

2 Broad outline of activities from Bidders prospective

1 Procure a Digital Signing Certificate (DSC)

2 Register on Electronic Tendering System (RETS)

3 Create Users and assign roles on ETS

4 View Notice Inviting Tender (NIT) on ETS

5 Download Official Copy of Tender Documents from ETS

6 Clarification to Tender Documents on ET Query to BSNL (Optional)

View response to queries posted by BSNL as addenda

7 Bid-Submission on ETS

8 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Techno-commercial Part

9 View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond to BSNLrsquos Post-TOE queries

10 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Financial-Part (Only for Technical Responsive Bidders)

For participating in this tender online the following instructions need to be read

carefully These instructions are supplemented with more detailed guidelines on

the relevant screens of the ETS

3 Digital Certificates

For integrity of data and its authenticity non-repudiation of electronic records and be compliant with IT Act 2000 it is necessary for each user to have a Digital Certificate (DC) also referred to as Digital Signature Certificate (DSC) of Class 2 or above issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer httpwwwccagovin]

4 Registration

To use the Electronic Tenderreg portal ( httpeprocurementsynisecombsnl1gujarat) vendor needs to register on the

46 Signature of the Contractor

portal Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e-tendering activities In ETS terminology this person will be referred to as the Super User (SU) of that organization For f u r ther details

p lease v is i t the websiteportal and follow further instructions as given on the site You may also contact tender wizard Helpdesk (as given below) to get your registration acceptedactivated Tender wizard Helpdesk

Telephone 020-30277517 020-30277522020-30277516

[between 1000 hrs to 1800 hrs on working days]

Mobile Nos Mr Hiren Pandar 7774013247 7774013248

E-mail ID helpdesksynisecom [Please mark CC

hirenpsynisecom]

BSNL Contact-1

BSNLrsquos Contact Person AGM MM Mehsana

Telephone Mobile (02762-220855222900)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID agmmmmehbsnlin

BSNL Contact-2

BSNLrsquos Contact Person SDE MM-Mehsana

Telephone Mobile (02762-221855)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID mehsdemm2bsnlin 5 Bid related Information for this Tender (Sealed Bid)

The entire bid-submission would be

online on ETS Broad outline of

submissions are as follows

Submission of digitally signed copy of Tender DocumentsAddendumaddenda

Two Envelopes

Techno-commercial -Part

Financial-Part

Note -

i) If some document is not applicable for the bidder then he has to upload

scanned copy of paper mentioning ldquoThe document ltNamegt called vide

clause helliphelliphelliphelliphelliphelliphellip is not applicable on usrdquo

ii) If document asked for contains more than one page then all those pages may be uploaded in one PDF format file

iii) Please take care to scan documents such that the total size of

documents to be uploaded remains minimum However it shall be sole

responsibility of bidder that the uploaded documents remain eligible

6 Offline Submissions

The bidder is requested to submit the following documents offline to AGM (MM) 2nd Floor Sanchar Bhawan Pilaji Ganj Mehsana-384001 on or before the date amp

time of submission of bids specified in covering letter of this tender

47 Signature of the Contractor

document in a Sealed Envelope The envelope shall bear (name of the tender) the tender number and the words lsquoDO NOT OPEN BEFORErsquo (due date amp time)

1 EMD-Bid Security in Original

2 DD Bankers cheque against payment of tender fee

3 Power of attorney (if applicable) Note The bidder has to upload the Scanned copy of all above said documents during

online Bid submission also

7 Special Note on Security of Bids

Security related functionality has been rigorously implemented in ETS in a multi-dimensional manner Starting with Acceptance of Registration by the Service Provider provision for security has been made at various stages in Electronic Tenderrsquos software Security related aspects as regard Bid Submission are outlined below

As part of the Electronic Encryptertrade functionality the contents of both the lsquoElectronic Formsrsquo and the lsquoMain-Bidrsquo are securely encrypted using a Pass-Phrase created by the Bidder himself Unlike a lsquopasswordrsquo a Pass-Phrase can be a multi-word sentence with spaces between words (eg I love this World) A Pass-Phrase is easier to remember and more difficult to break It is recommended that a separate Pass-Phrase be created for each Bid-Part This method of bid- encryption does not have the security and data-integrity related vulnerabilities which are inherent in E-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid- encryption Bid-encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE) even if there is connivance between the concerned tender- opening officers of the Buyer organization and the personnel of e-tendering service provider

Typically lsquoPass-Phrasersquo of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself when demanded by the concerned Tender Opening Officers who will open the bid Else Tender Opening Officer may authorize the bidder to open his bid himself There is an additional protection with SSL Encryption during transit from the client-end computer of a Supplier organization to the e-tendering server portal

8 Public Online Tender Opening Event (TOE)

ETS offers a unique facility for lsquoPublic Online Tender Opening Event (TOE)rsquo Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices For this purpose representatives of bidders (ie Supplier organization) dully authorized are requested to carry a Laptop and Wireless Connectivity to Internet Every legal requirement for a transparent and secure lsquoPublic Online Tender Opening Event (TOE)rsquo has been implemented on ETS As soon as a Bid is decrypted with the corresponding lsquoPass-Phrasersquo as submitted online by the bidder himself (during the TOE itself) salient points of the Bids are simultaneously made available for downloading by all participating bidders The work of taking notes during a manual lsquoTender Opening Eventrsquo is therefore replaced with this superior and convenient form of lsquoPublic Online Tender Opening Event (TOE)rsquo ETS has a unique facility of lsquoOnline Comparison Chartrsquo which is dynamically updated as each online bid is opened The format of the chart is based on inputs provided by the Buyer for each Tender The information in the Comparison Chart is based on the data submitted by the Bidders in electronic forms A detailed Technical and or Financial Comparison Chart enhances Transparency Detailed instructions are given on relevant screens

48 Signature of the Contractor

ETS has a unique facility of a detailed report titled lsquoMinutes of Online Tender Opening Event (TOE)rsquo covering all important activities of lsquoOnline Tender Opening Event (TOE)rsquo This is available to all participating bidders for lsquoViewing Downloadingrsquo

There are many more facilities and features on ETS For a particular tender the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer

NOTE In case of internet related problem at a bidderrsquos end especially during lsquocritical

eventsrsquo such as ndash a short period before bid-submission deadline during online

public tender opening event etc it is the bidderrsquos responsibility to have backup

internet connections In case there is a problem at the e- procurement

service-providerrsquos end (in the server leased line etc) due to which all the

bidders face a problem during critical events and this is brought to the notice

of BSNL by the bidders in time then BSNL will promptly re-schedule the

affected event(s)

9 Other Instructions

For further instructions the vendor should visit the home-page of the portal

( httpeprocurementsynisecombsnl1gujarat) and go to the User-Guidance Center The help information provided through lsquoETS User-Guidance Centerrsquo is available in three categories ndash

Users intending to Register First-Time Users Logged-in users of Buyer organizations and Logged-in users of Supplier organizations Various links are provided under each of the three categories Note It is strongly recommended that all authorized users of Supplier

organizations should thoroughly peruse the information provided under the

relevant links and take appropriate action This will prevent hiccups and minimize

teething problems during the use of ETS

The following lsquoFOUR KEY INSTRUCTIONS for BIDDERSrsquo must be assiduously adhered to

1 Obtain individual Digital Signing Certificate (DSC or DC) well in advance of

your first tender submission deadline on ETS

2 Register your organization on ETS well in advance of your first tender submission deadline on ETS

3 Get your organizationrsquos concerned executives trained on ETS well in advance of your first tender submission deadline on ETS

4 Submit your bids well in advance of tender submission deadline on ETS as

there could be last minute problems due to internet timeout breakdown etc

While the first three instructions mentioned above are especially relevant to first-time users of ETS the fourth instruction is relevant at all times

10 Minimum Requirements at Bidders end

Computer System with good configuration (Min P IV 1 GB RAM Windows XP)

Broadband connectivity

Microsoft Internet Explorer 60 or above

Digital Certificate(s) for users

49 Signature of the Contractor

ANNEXURE-III

RATE SHEET

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Rate should be quoted in below Rate Sheet

Sr

No

Rates Quoted By Bidder With Respect to SOR (Schedule Of Rate)

Particulars In Figure In Words

1 Above Of SOR

2 Below Of SOR

3 AT PAR

[At Same Rates of SOR]

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

Signature of the Bidder with Seal

Note

1 All faulty instruments are to be repaired except fully broken or fully burnt due to

electric hazards

2 The work may be offered to more than one contractor if required

Signature of the Tenderer with seal

Full Name _____________________

Full Address________________________

  • TABLE OF CONTENTS
    • CERTIFICATE REGARDING NEAR RLATIVES
      • LETTEROF AUTHORISATION FOR ATTENDING BID OPENING
      • Signed sealed amp Delivered by
      • Above written
        • ANNEXURE-IX - UNDERTAKING

33 Signature of the Contractor

SECTION ndashVII

STANDARD SCHEDULE OF RATE (SOR) FOR REPARING OF EPBT

AND CLIP INSTRUMENT IN MEHSANA TELECOM DISTRICT (MEHSANA SSA)

To

GMTD Mehsana

Sub - Our Financial Bid for repairing of EPBT amp CLIP Instruments in Mehsana SSA

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Sir

Having examined the tender documents terms amp conditions specification of work

stipulated there in IWe the undersigned offer our rates in percentage as under

Brief description of items for

Repairing under ARC

Approx Quantity to be

repaired under ARC

SOR Per Instrument

(a) (b) (c)

(1) Repairing of CLIP Telephones

instruments

5235 No Rs 55-

(2) Repairing of Electronics Push

Button Telephones (EPBT)

3838 No Rs 23-

(3) Repairing of Buttons Key

75 No Rs 26-

(3) Repairing of Plan Instruments

5 No Rs 39-

Note- The Quantity of Clip instrument ( 5500) may be consider which AMC will be expired as per given below -

(1) AMC of 1400 PTPL instrument may be expired on 23092016

(2) AMC of 3100 PTPL instrument may be expired on 21012017

(3) AMC of 1000 PTPL instrument may be expired on 25032017

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

34 Signature of the Contractor

ANNEXURE-I

Fault analysis report of instruments of quarter ending

No of faulty

instruments

with

contractor at

the

beginning of

the period

No of faulty instruments

received by contractor

during the quarter

No of faulty instruments

repaired and returned to

Depot officer

CF No of

faulty

instruments

with

contractor

In warranty Out of

warranty

In warranty Out of

warranty

1

2

Nature of Fault

Type No Of instruments

No

dial

tone

Dial

faulty

No

ring

Poor

speechdisturbance

Dead Display

Fault

No fault

foundMisc

In

warrant

Out of

warranty

Repairing carried out

Type Faults in

TransmitterReceiver Ringer Contract

foil

PCB

Fault

Disply No fault

foundMisc

In

warrant

Out of

warranty

35 Signature of the Contractor

ANNEXURE ndashII

DECLARATION

(TO BE SUBMITTED WITH TECHNICAL BID)

IWe hereby declare that IWe have carefully gone through the Terms amp Conditions of

Tender Notice Invited vide No MMTenderMehsana2016-1706 Dated 26102016 in

detail and agree to the rate submitted by MeUs in the rate sheet and IWe agree in full to

abide by them

1) Signature of the Party ___________________________________

Full Name ___________________________________

(In block letter) ___________________________________

2) Full address ___________________________________

___________________________________

___________________________________

___________________________________

Tele No (O)________________________________

(R)________________________________

3) Capacity in which the __________________________________

Tender is signed

Rubber stamp is required) __________________________________

__________________________________

Date Signature of the Tenderer with seal

36 Signature of the Contractor

ANNEXURE ndash IV

DECLARATION REGARDING EPF TO BE GIVEN ON NON-JUDICIAL STAMPS

PAPER OF RS 100-

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

I helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipProprietor of

Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip do here by declare

that I am the proprietor of my above firm I am carrying out the repairing of

EPBT amp CLIP my self I do not engage labour So EPF is not applicable to

me

However the decision of the competent authority shall be binding to me in

this regard

Name of the Bidder

Signature of the Bidder with Seal

37 Signature of the Contractor

ANNEXURE ndash V

Undertaking to be given for compliance of EPF Registration certificate

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

We the partners Directors of the firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Do here by undertake that if our tender is accepted we will submit the EPF Registration

certification at the earliest latest by one month after the agreement carried out with the

BSNL Mehsana for execution of works for repairing of EPBT amp CLIP Instruments in

Mehsana SSA failing which the decision of the competent authority will be binding on us

To be signed by all Partners directors

38 Signature of the Contractor

ANNEXURE ndash VI

LETTEROF AUTHORISATION FOR ATTENDING BID OPENING

Tender Number MMTenderMehsana2016-1706 Dated 26102016

Subject Authorisation for attending bid opening on___________________(date) the

tender of following persons are hereby authorised to attend the bid opening

for the tender mentioned above on behalf of ______________________

(Bidder) in order of preference given below

Order of Preference Name

Specimen Signatures

I

II

Alternate

Representative

Signatures of

bidder

Or

Officer authorised to sign the bid

Documents on behalf of the bidder

No 1 Maximum of two representatives will be permitted to attend bid opening In

case where it is restricted to one first preference will be allowed Alternate

representative will be permitted when regular representatives are not to able

attending

2 Permission for entry to the hall where bids are opened may be refused in case

authorisation as prescribed above is not recovered

39 Signature of the Contractor

ANNEXURE ndash VII

INTEGRITY PACT

Between

Bharat Sanchar Nigam Limited (BSNL) GMTD-Mehsana hereinafter referred to as ldquoThe

Principalrdquo

And

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphereinafter referred to as ldquoThe BidderContractorrdquo

Preamble

The Principal intends to award under laid down organizational procedures contracts for --

----------------------------------------- The Principal values full compliance with all relevant

laws and regulations and the principles of economic use of resources and of fairness and

transparency in its relations with its Bidders and Contractors

In order to achieve these goals the Principal will appoint an Independent External Monitor

who will monitor the tender process and the execution of the contract for compliance with

the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to

observe the following principles -

(a) No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for

or accept for himherself or third person any material or immaterial benefit which heshe

is not legally entitled to

(b) The Principal will during the tender process treat all Bidder(s) with equity and reason

The Principal will in particular before and during the tender process provide to all

Bidder(s) the same information and will not provide to any Bidder(s)

confidentialadditional information through which the Bidder(s) could obtain an advantage

in relation to the tender process or the contract execution

(c) The Principal will exclude from the process all known prejudiced persons

(2) If the Principal obtains information on the conduct of any of its employees which is a

criminal offence under the relevant Anti-Corruption Laws of India or if there be a

substantive suspicion in this regard the Principal will inform its Vigilance Office and in

addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder(s)Contractor(s)

(1) The Bidder(s)Contractor(s) commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation

in the tender process and during the contract execution

(a) The Bidder(s)Contractor(s) will not directly or through any other person or firm offer

promise or give to any of the Principalrsquos employees involved in the tender process or the

40 Signature of the Contractor

execution of the contract or to any third person any material or immaterial benefit which

heshe is not legally entitled to in order to obtain in exchange any advantage of any kind

whatsoever during the tender process or during the execution of the contract

(b) The Bidder(s)Contractor(s) will not enter with other Bidder(s) 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

(c) The Bidder(s)Contractor(s) will not commit any offence under the relevant Anti-

corruption Laws of India further the Bidder(s)Contractor(s) will not use improperly for

purposes of competition or personal gain or pass on to others any information or

document provided by the Principal as part of the business relationship regarding plans

technical proposals and business details including information contained or transmitted

electronically

(d) The Bidder(s)Contractor(s) will when presenting his bid disclose any and all

payments he has made is committed to or intends to make to agents brokers or any other

intermediaries in connection with the award of the contract

(2) The Bidder(s)Contractor(s) will not instigate third persons to commit offences outlined

above or be an accessory to such offences

Section 3 ndash Disqualification from tender process and exclusion from future contracts

If the Bidder(s)Contractor(s) before contract award or during execution has committed a

transgression through a violation of Section 2 above or in any other form such as to put his

reliability or credibility in question the Principal is entitled to disqualify the

Bidder(s)Contractor(s) from the tender process or take action as per the defined procedure

Section 4 ndash Compensation for Damages

(i) If the Principal has disqualified the Bidder(s) from the tender process prior to the award

according to Section 3 the Principal is entitled to demand and recover the damages

equivalent to Earnest Money Deposit Bid Security

(ii) If the Principal has terminated the contract according to Section 3 or if the Principal is

entitled to terminate the contract according to section 3 the Principal shall be entitled to

demand and recover from the Contractor the amount equivalent to Security Deposit

Performance Bank Guarantee in addition to any other penalties recoveries as per terms

and conditions of the tender

Section 5 ndash Previous transgression

(i) The Bidder declares that no previous transgression occurred in the last 3 years with any

other Company in any country conforming to the Anti-corruption approach or with any

other Public Sector Enterprise in India that could justify his exclusion from the tender

process

(ii) If the Bidder makes incorrect statement on this subject he can be disqualified from the

tender process or action can be taken as per the defined procedure

Section 6 ndash Equal treatment of all BiddersContractorsSubcontractors

41 Signature of the Contractor

(i) The principal will enter into agreements with identical conditions as this one with all

BiddersContractors

(ii) The Bidder(s)Contractor(s) undertake(s) to demand from all subcontractors a

commitment in conformity with this Integrity Pact

(iii) The Principal will disqualify from the tender process all bidders who do not sign this

Pact or violate its provisions

Section 7 ndash Criminal charges against violating

Bidder(s)Contractor(s)Subcontractor(s)

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or

of an employee or a representative or an associate of a Bidder Contractor or

Subcontractor which constitutes corruption or if the Principal has substantive suspicion in

this regard the Principal will inform the Corporate Vigilance Office

Section 8 ndash External Independent MonitorMonitors

1 Principal appoints competent and credible Independent External Monitor for this Pact

The task of the Monitor is to review independently and objectively whether and to what

extent the parties comply with the obligations under this agreement

2 The Monitor is not subject to instructions by the representatives of the parties and

performs his functions neutrally and independently He reports to the CMD of the BSNL

3 The Bidder(s)Contractor(s) accepts that the Monitor has the right to access without

restriction to all Project documentation of the Principal including that provided by the

Contractor The Contractor will also grant the Monitor upon his request and demonstration

of a valid interest unrestricted and unconditional access to his project documentation The

same is applicable to Subcontractors The Monitor is under contractual obligation to treat

the information and documents of the Bidder(s)Contractor(s)Subcontractor(s) with

confidentiality

Notwithstanding anything contained in this Section the Bidder(s)Contractor(s) shall have

no obligation whatsoever to provide any internal costing mechanisms or any internal

financial or commercial data pursuant to any audit or review conducted by or on behalf of

the Principal Further the Bidder(s)Contractor(s) shall not be required to provide any data

relating to its other customers or any personnel or employee related date

4 The Principal will provide to the Monitor 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 Principal and the Contractor The parties offer to the

Monitor the option to participate in such meetings

5 As soon as the Monitor notices or believes to notice a violation of this agreement he

will so inform the Management of the Principal and request the Management to

discontinue or take corrective action or to take other relevant action The monitor can in

this regard submit non-binding recommendations Beyond this the Monitor has no right to

demand from the parties that they act in a specific manner refrain from action or tolerate

action

42 Signature of the Contractor

6 The Monitor will submit a written report to the Chairperson of the Board of the Principal

within 8 to 10 weeks from the date of reference or intimation to him by the lsquoPrincipalrsquo and

should the occasion arise submit proposals for correcting problematic situations

7 If the Monitor has reported to the CMD of the BSNL a substantiated suspicion of an

offence under relevant Anti-Corruption Laws of India and the BSNL has not within

reasonable time taken visible action to proceed against such offence or reported it to the

Corporate Vigilance Office the Monitor may also transmit this information directly to the

Central Vigilance Commissioner Government of India

8 The word lsquoMonitorrsquo would include both singular and plural

Section 9 ndash Pact Duration

This Pact begins when both parties have legally signed it It expires for the Contractor 12

months after the last payment under the contract and for all other Bidders 6 months after

the contract has been awarded

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 dischargeddetermined by

CMD BSNL

Section 10 ndash Other provisions

1 This agreement is subject to Indian Law Place of performance and jurisdiction is the

Registered Office of the Principal ie New Delhi The arbitration clause provided in the

tender document contract shall not be applicable for any issue dispute arising under

Integrity Pact

2 Changes and supplements as well as termination notice need to be made in writing

3 If the Contractor is a partnership or a consortium this agreement must be signed by all

partners or consortium members

4 Should one or several provisions of this agreement turn out to be invalid the remainder

of this agreement remains valid In this case the parties will strive to come to an agreement

to their original intensions

------------------------------------ ----------------------------------

For the Principal For the BidderContractor

Placehelliphelliphelliphelliphelliphelliphelliphellip Witness 1 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphellip Witness 2 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

43 Signature of the Contractor

Anexx-VIII

AGREEMENT

This agreement made on thishelliphelliphellip day of helliphelliphellip Yearhelliphelliphelliphellip Between hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphellipHerein after called ldquo The contractorrdquo (which expression shall unless excluded by or

repugnant to the context include its successors heir executors administrative representative and

assignee) of the one part amp the BSNL (GMTD Mehsana) herein after referred to as the BSNL of

other part Tender No MMTenderMehsana2016-1706 Dated 26102016

Where as the contractor has offered to enter with the said BSNL for the contract for repairing of

EPBT amp CLIP Plan instruments amp Buttons Key in Mehsana SSA Mehsana Telecom District on

the terms and conditions herein contained and the rates approved by the BSNL (copy of rates

annexed) have been dully accepted and whereas the necessary security deposit have been furnished

in accordance with the provision of the tender documents and whereas no interest will be claimed

on the security deposit Now these presents witness and it is hereby agreed and declared by and

between the partiesrsquo presents as follows

(1) The contractor shall during the period of this contract that is to say fromhelliphelliphelliphelliphellipTo

helliphelliphelliphellip or completion of work whichever is earlier or until this contract shall be

determined by such notice as is herein after mentioned safely carried out by means of

Labours employed at his own expense and by means of tools implements of equipments

etc to be supplied by him to his Labours at his own expense all work of repairing of

EPBT amp CLIP instruments as described in tender documents (annexed to the agreement)

when the BSNL or any other person authorized by GMTD Mehsana in that behalf require it

is under stood by the contractor that the quantity of work mentioned in the schedule is

likely to change as per actual requirement as demanded by exigencies of service

(2) The Notice Inviting Tender Bid documents (qualifying and financial) letter of intent

approved rates annexed here to and such other additional particulars instructions

drawings work orders as may be found requisite to be given during execution of work

shall be deemed and taken to be an integral part of the contract and shall be deemed to be

included in the expression ldquoThe agreement) or ldquoThe Contractrdquo wherever herein used

(3) The contractor also supplies the requisite number of workmen with means and materials as

well as tools appliances vehicles for transportation cartage etc required for the proper

execution of work within the prescribed in the work orders

(4) The contractor hereby declares that no body connected with or in the employment of the

BSNL is notshall not ever be admitted as partner in the contract

(5) The contractor shall abide by the terms and conditions rules guide lines constructions

particulars safety precautions etc stipulated in the tender documents including any

correspondence between the contractor and the BSNL having bearing on execution of work

and payments of work to be done under the contract

In witness whereof the partiesrsquo presents have here in to set their representative hands and

seals the day and year in

Signed sealed amp Delivered by

The above named contractor in the presence of

Above written

Witness

(1)

(2) Signed and delivered on behalf of BSNL

Witness

(1)

(2)

44 Signature of the Contractor

ANNEXURE-IX - UNDERTAKING

This deed of undertaking executed on this helliphelliphellip day ofhelliphelliphelliptwo thousand andhelliphellip

by (name of sole proprietorpartnerdirectorauthorized representative the firm

company trust society etc)helliphelliphelliphelliphelliphelliphelliphelliphelliphellipSO helliphelliphelliphelliphelliphelliphelliphellip

residing athelliphelliphelliphelliphelliphelliphelliphelliphelliphellipOn behalf of said helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of the firm company Trust Society etc) having its office athelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

and dully authorized to sign file and verify present undertaking by the said hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of Firm company Society etc) in favour of Bharat Sanchar Nigam Ltd a

Government Of India undertaking having its registered office at Statesman

HouseB-148 Barkhamba Road New Delhi and local office at Administrative

Building Sanchar Bhawan BSNL Pilaji Ganj Mehsana-1 here in after called

BSNL (which terms shall mean and include its successors administrators heirs and

assigns Where as MS BSNL invited bids for repairing of EPBT amp CLIP instruments in Mehsana SSA

IWe participated in the bidding process and emerged as successful bidder with respect to tender No

MMTenderMehsana2016-1706 Dated 26102016

IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Acknowledge that IWe have fully under

stood and aware of the terms amp conditions of the Tendercontract and do hereby unequivocally and

unconditionally undertake and declare that

(1) IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip shall comply with all

the rulesRegulationsLawsGovernment instructionsstatus etc that are

applicable will be made applicable and or are aimed to protect the interest of

the workersemployees engaged by meus in the past and during the course of

performance of the contract with BSNL

(2) IWe shall fully protect indemnity and hold harmless BSNL and its employees

officers Directors agents judgments damages fines penalties and costs

(including legal costs and disbursements) arising from or relating to

Any breach violation of any direction order from any governmental

authority any provisions of the labour laws or any other laws status or

regulations that are or will be aimed to protect the interest of the

workersLabours engaged by the contractors in past and during the

course of this contract

OR

Any other payments claims or liability that may arise for ensuring

compliance of the provisions of any of the labour laws or any other laws

etc OR

Any other claim made by any third party in connection with any violation

of any laws guide lines instructions etc

In witness whereof this undertaking has caused on thehelliphelliphelliphelliphelliphellip

DayhelliphelliphelliphelliphellipMonth ofhelliphelliphellip Year

Date

Place

Signature

Name

Designation

Witness 1 2helliphelliphellip

45 Signature of the Contractor

ANNEXURE-X

E-Tendering Instructions to Bidders

These Special Instructions (for e-Tendering) supplement lsquoGeneral instructions to Biddersrsquo as enclosed in Section IV of this E-Tender Document Wherever there is a conflict the provisions herein shall prevail over those in other pages of this document

Submission of Bids only through online process is mandatory for this Tender

For conducting electronic tendering BSNL Mehsana is using the portal

(httpeprocurementsynisecombsnl1gujarat) of Ms Synise Technologies ltd Pune A - Submission of tender

1 The bidding process will be accepted only through e-tendering platform 2 Availability of e-tendering document e-tender document can be obtained by

downloading it from the website httpeprocurementsynisecombsnl1gujarat the

physical copy of the Tender document would not be available for sale

3 The Tender document shall not be available for download on its submissionclosing date B - General 1 Tender Bidding Methodology

Sealed Bid System ndashldquoSingle Stage using two envelopsrdquo

In this case of two envelope system Financial amp Techno-commercial bids shall be

submitted by the bidder at the same time

2 Broad outline of activities from Bidders prospective

1 Procure a Digital Signing Certificate (DSC)

2 Register on Electronic Tendering System (RETS)

3 Create Users and assign roles on ETS

4 View Notice Inviting Tender (NIT) on ETS

5 Download Official Copy of Tender Documents from ETS

6 Clarification to Tender Documents on ET Query to BSNL (Optional)

View response to queries posted by BSNL as addenda

7 Bid-Submission on ETS

8 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Techno-commercial Part

9 View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond to BSNLrsquos Post-TOE queries

10 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Financial-Part (Only for Technical Responsive Bidders)

For participating in this tender online the following instructions need to be read

carefully These instructions are supplemented with more detailed guidelines on

the relevant screens of the ETS

3 Digital Certificates

For integrity of data and its authenticity non-repudiation of electronic records and be compliant with IT Act 2000 it is necessary for each user to have a Digital Certificate (DC) also referred to as Digital Signature Certificate (DSC) of Class 2 or above issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer httpwwwccagovin]

4 Registration

To use the Electronic Tenderreg portal ( httpeprocurementsynisecombsnl1gujarat) vendor needs to register on the

46 Signature of the Contractor

portal Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e-tendering activities In ETS terminology this person will be referred to as the Super User (SU) of that organization For f u r ther details

p lease v is i t the websiteportal and follow further instructions as given on the site You may also contact tender wizard Helpdesk (as given below) to get your registration acceptedactivated Tender wizard Helpdesk

Telephone 020-30277517 020-30277522020-30277516

[between 1000 hrs to 1800 hrs on working days]

Mobile Nos Mr Hiren Pandar 7774013247 7774013248

E-mail ID helpdesksynisecom [Please mark CC

hirenpsynisecom]

BSNL Contact-1

BSNLrsquos Contact Person AGM MM Mehsana

Telephone Mobile (02762-220855222900)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID agmmmmehbsnlin

BSNL Contact-2

BSNLrsquos Contact Person SDE MM-Mehsana

Telephone Mobile (02762-221855)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID mehsdemm2bsnlin 5 Bid related Information for this Tender (Sealed Bid)

The entire bid-submission would be

online on ETS Broad outline of

submissions are as follows

Submission of digitally signed copy of Tender DocumentsAddendumaddenda

Two Envelopes

Techno-commercial -Part

Financial-Part

Note -

i) If some document is not applicable for the bidder then he has to upload

scanned copy of paper mentioning ldquoThe document ltNamegt called vide

clause helliphelliphelliphelliphelliphelliphellip is not applicable on usrdquo

ii) If document asked for contains more than one page then all those pages may be uploaded in one PDF format file

iii) Please take care to scan documents such that the total size of

documents to be uploaded remains minimum However it shall be sole

responsibility of bidder that the uploaded documents remain eligible

6 Offline Submissions

The bidder is requested to submit the following documents offline to AGM (MM) 2nd Floor Sanchar Bhawan Pilaji Ganj Mehsana-384001 on or before the date amp

time of submission of bids specified in covering letter of this tender

47 Signature of the Contractor

document in a Sealed Envelope The envelope shall bear (name of the tender) the tender number and the words lsquoDO NOT OPEN BEFORErsquo (due date amp time)

1 EMD-Bid Security in Original

2 DD Bankers cheque against payment of tender fee

3 Power of attorney (if applicable) Note The bidder has to upload the Scanned copy of all above said documents during

online Bid submission also

7 Special Note on Security of Bids

Security related functionality has been rigorously implemented in ETS in a multi-dimensional manner Starting with Acceptance of Registration by the Service Provider provision for security has been made at various stages in Electronic Tenderrsquos software Security related aspects as regard Bid Submission are outlined below

As part of the Electronic Encryptertrade functionality the contents of both the lsquoElectronic Formsrsquo and the lsquoMain-Bidrsquo are securely encrypted using a Pass-Phrase created by the Bidder himself Unlike a lsquopasswordrsquo a Pass-Phrase can be a multi-word sentence with spaces between words (eg I love this World) A Pass-Phrase is easier to remember and more difficult to break It is recommended that a separate Pass-Phrase be created for each Bid-Part This method of bid- encryption does not have the security and data-integrity related vulnerabilities which are inherent in E-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid- encryption Bid-encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE) even if there is connivance between the concerned tender- opening officers of the Buyer organization and the personnel of e-tendering service provider

Typically lsquoPass-Phrasersquo of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself when demanded by the concerned Tender Opening Officers who will open the bid Else Tender Opening Officer may authorize the bidder to open his bid himself There is an additional protection with SSL Encryption during transit from the client-end computer of a Supplier organization to the e-tendering server portal

8 Public Online Tender Opening Event (TOE)

ETS offers a unique facility for lsquoPublic Online Tender Opening Event (TOE)rsquo Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices For this purpose representatives of bidders (ie Supplier organization) dully authorized are requested to carry a Laptop and Wireless Connectivity to Internet Every legal requirement for a transparent and secure lsquoPublic Online Tender Opening Event (TOE)rsquo has been implemented on ETS As soon as a Bid is decrypted with the corresponding lsquoPass-Phrasersquo as submitted online by the bidder himself (during the TOE itself) salient points of the Bids are simultaneously made available for downloading by all participating bidders The work of taking notes during a manual lsquoTender Opening Eventrsquo is therefore replaced with this superior and convenient form of lsquoPublic Online Tender Opening Event (TOE)rsquo ETS has a unique facility of lsquoOnline Comparison Chartrsquo which is dynamically updated as each online bid is opened The format of the chart is based on inputs provided by the Buyer for each Tender The information in the Comparison Chart is based on the data submitted by the Bidders in electronic forms A detailed Technical and or Financial Comparison Chart enhances Transparency Detailed instructions are given on relevant screens

48 Signature of the Contractor

ETS has a unique facility of a detailed report titled lsquoMinutes of Online Tender Opening Event (TOE)rsquo covering all important activities of lsquoOnline Tender Opening Event (TOE)rsquo This is available to all participating bidders for lsquoViewing Downloadingrsquo

There are many more facilities and features on ETS For a particular tender the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer

NOTE In case of internet related problem at a bidderrsquos end especially during lsquocritical

eventsrsquo such as ndash a short period before bid-submission deadline during online

public tender opening event etc it is the bidderrsquos responsibility to have backup

internet connections In case there is a problem at the e- procurement

service-providerrsquos end (in the server leased line etc) due to which all the

bidders face a problem during critical events and this is brought to the notice

of BSNL by the bidders in time then BSNL will promptly re-schedule the

affected event(s)

9 Other Instructions

For further instructions the vendor should visit the home-page of the portal

( httpeprocurementsynisecombsnl1gujarat) and go to the User-Guidance Center The help information provided through lsquoETS User-Guidance Centerrsquo is available in three categories ndash

Users intending to Register First-Time Users Logged-in users of Buyer organizations and Logged-in users of Supplier organizations Various links are provided under each of the three categories Note It is strongly recommended that all authorized users of Supplier

organizations should thoroughly peruse the information provided under the

relevant links and take appropriate action This will prevent hiccups and minimize

teething problems during the use of ETS

The following lsquoFOUR KEY INSTRUCTIONS for BIDDERSrsquo must be assiduously adhered to

1 Obtain individual Digital Signing Certificate (DSC or DC) well in advance of

your first tender submission deadline on ETS

2 Register your organization on ETS well in advance of your first tender submission deadline on ETS

3 Get your organizationrsquos concerned executives trained on ETS well in advance of your first tender submission deadline on ETS

4 Submit your bids well in advance of tender submission deadline on ETS as

there could be last minute problems due to internet timeout breakdown etc

While the first three instructions mentioned above are especially relevant to first-time users of ETS the fourth instruction is relevant at all times

10 Minimum Requirements at Bidders end

Computer System with good configuration (Min P IV 1 GB RAM Windows XP)

Broadband connectivity

Microsoft Internet Explorer 60 or above

Digital Certificate(s) for users

49 Signature of the Contractor

ANNEXURE-III

RATE SHEET

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Rate should be quoted in below Rate Sheet

Sr

No

Rates Quoted By Bidder With Respect to SOR (Schedule Of Rate)

Particulars In Figure In Words

1 Above Of SOR

2 Below Of SOR

3 AT PAR

[At Same Rates of SOR]

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

Signature of the Bidder with Seal

Note

1 All faulty instruments are to be repaired except fully broken or fully burnt due to

electric hazards

2 The work may be offered to more than one contractor if required

Signature of the Tenderer with seal

Full Name _____________________

Full Address________________________

  • TABLE OF CONTENTS
    • CERTIFICATE REGARDING NEAR RLATIVES
      • LETTEROF AUTHORISATION FOR ATTENDING BID OPENING
      • Signed sealed amp Delivered by
      • Above written
        • ANNEXURE-IX - UNDERTAKING

34 Signature of the Contractor

ANNEXURE-I

Fault analysis report of instruments of quarter ending

No of faulty

instruments

with

contractor at

the

beginning of

the period

No of faulty instruments

received by contractor

during the quarter

No of faulty instruments

repaired and returned to

Depot officer

CF No of

faulty

instruments

with

contractor

In warranty Out of

warranty

In warranty Out of

warranty

1

2

Nature of Fault

Type No Of instruments

No

dial

tone

Dial

faulty

No

ring

Poor

speechdisturbance

Dead Display

Fault

No fault

foundMisc

In

warrant

Out of

warranty

Repairing carried out

Type Faults in

TransmitterReceiver Ringer Contract

foil

PCB

Fault

Disply No fault

foundMisc

In

warrant

Out of

warranty

35 Signature of the Contractor

ANNEXURE ndashII

DECLARATION

(TO BE SUBMITTED WITH TECHNICAL BID)

IWe hereby declare that IWe have carefully gone through the Terms amp Conditions of

Tender Notice Invited vide No MMTenderMehsana2016-1706 Dated 26102016 in

detail and agree to the rate submitted by MeUs in the rate sheet and IWe agree in full to

abide by them

1) Signature of the Party ___________________________________

Full Name ___________________________________

(In block letter) ___________________________________

2) Full address ___________________________________

___________________________________

___________________________________

___________________________________

Tele No (O)________________________________

(R)________________________________

3) Capacity in which the __________________________________

Tender is signed

Rubber stamp is required) __________________________________

__________________________________

Date Signature of the Tenderer with seal

36 Signature of the Contractor

ANNEXURE ndash IV

DECLARATION REGARDING EPF TO BE GIVEN ON NON-JUDICIAL STAMPS

PAPER OF RS 100-

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

I helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipProprietor of

Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip do here by declare

that I am the proprietor of my above firm I am carrying out the repairing of

EPBT amp CLIP my self I do not engage labour So EPF is not applicable to

me

However the decision of the competent authority shall be binding to me in

this regard

Name of the Bidder

Signature of the Bidder with Seal

37 Signature of the Contractor

ANNEXURE ndash V

Undertaking to be given for compliance of EPF Registration certificate

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

We the partners Directors of the firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Do here by undertake that if our tender is accepted we will submit the EPF Registration

certification at the earliest latest by one month after the agreement carried out with the

BSNL Mehsana for execution of works for repairing of EPBT amp CLIP Instruments in

Mehsana SSA failing which the decision of the competent authority will be binding on us

To be signed by all Partners directors

38 Signature of the Contractor

ANNEXURE ndash VI

LETTEROF AUTHORISATION FOR ATTENDING BID OPENING

Tender Number MMTenderMehsana2016-1706 Dated 26102016

Subject Authorisation for attending bid opening on___________________(date) the

tender of following persons are hereby authorised to attend the bid opening

for the tender mentioned above on behalf of ______________________

(Bidder) in order of preference given below

Order of Preference Name

Specimen Signatures

I

II

Alternate

Representative

Signatures of

bidder

Or

Officer authorised to sign the bid

Documents on behalf of the bidder

No 1 Maximum of two representatives will be permitted to attend bid opening In

case where it is restricted to one first preference will be allowed Alternate

representative will be permitted when regular representatives are not to able

attending

2 Permission for entry to the hall where bids are opened may be refused in case

authorisation as prescribed above is not recovered

39 Signature of the Contractor

ANNEXURE ndash VII

INTEGRITY PACT

Between

Bharat Sanchar Nigam Limited (BSNL) GMTD-Mehsana hereinafter referred to as ldquoThe

Principalrdquo

And

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphereinafter referred to as ldquoThe BidderContractorrdquo

Preamble

The Principal intends to award under laid down organizational procedures contracts for --

----------------------------------------- The Principal values full compliance with all relevant

laws and regulations and the principles of economic use of resources and of fairness and

transparency in its relations with its Bidders and Contractors

In order to achieve these goals the Principal will appoint an Independent External Monitor

who will monitor the tender process and the execution of the contract for compliance with

the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to

observe the following principles -

(a) No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for

or accept for himherself or third person any material or immaterial benefit which heshe

is not legally entitled to

(b) The Principal will during the tender process treat all Bidder(s) with equity and reason

The Principal will in particular before and during the tender process provide to all

Bidder(s) the same information and will not provide to any Bidder(s)

confidentialadditional information through which the Bidder(s) could obtain an advantage

in relation to the tender process or the contract execution

(c) The Principal will exclude from the process all known prejudiced persons

(2) If the Principal obtains information on the conduct of any of its employees which is a

criminal offence under the relevant Anti-Corruption Laws of India or if there be a

substantive suspicion in this regard the Principal will inform its Vigilance Office and in

addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder(s)Contractor(s)

(1) The Bidder(s)Contractor(s) commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation

in the tender process and during the contract execution

(a) The Bidder(s)Contractor(s) will not directly or through any other person or firm offer

promise or give to any of the Principalrsquos employees involved in the tender process or the

40 Signature of the Contractor

execution of the contract or to any third person any material or immaterial benefit which

heshe is not legally entitled to in order to obtain in exchange any advantage of any kind

whatsoever during the tender process or during the execution of the contract

(b) The Bidder(s)Contractor(s) will not enter with other Bidder(s) 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

(c) The Bidder(s)Contractor(s) will not commit any offence under the relevant Anti-

corruption Laws of India further the Bidder(s)Contractor(s) will not use improperly for

purposes of competition or personal gain or pass on to others any information or

document provided by the Principal as part of the business relationship regarding plans

technical proposals and business details including information contained or transmitted

electronically

(d) The Bidder(s)Contractor(s) will when presenting his bid disclose any and all

payments he has made is committed to or intends to make to agents brokers or any other

intermediaries in connection with the award of the contract

(2) The Bidder(s)Contractor(s) will not instigate third persons to commit offences outlined

above or be an accessory to such offences

Section 3 ndash Disqualification from tender process and exclusion from future contracts

If the Bidder(s)Contractor(s) before contract award or during execution has committed a

transgression through a violation of Section 2 above or in any other form such as to put his

reliability or credibility in question the Principal is entitled to disqualify the

Bidder(s)Contractor(s) from the tender process or take action as per the defined procedure

Section 4 ndash Compensation for Damages

(i) If the Principal has disqualified the Bidder(s) from the tender process prior to the award

according to Section 3 the Principal is entitled to demand and recover the damages

equivalent to Earnest Money Deposit Bid Security

(ii) If the Principal has terminated the contract according to Section 3 or if the Principal is

entitled to terminate the contract according to section 3 the Principal shall be entitled to

demand and recover from the Contractor the amount equivalent to Security Deposit

Performance Bank Guarantee in addition to any other penalties recoveries as per terms

and conditions of the tender

Section 5 ndash Previous transgression

(i) The Bidder declares that no previous transgression occurred in the last 3 years with any

other Company in any country conforming to the Anti-corruption approach or with any

other Public Sector Enterprise in India that could justify his exclusion from the tender

process

(ii) If the Bidder makes incorrect statement on this subject he can be disqualified from the

tender process or action can be taken as per the defined procedure

Section 6 ndash Equal treatment of all BiddersContractorsSubcontractors

41 Signature of the Contractor

(i) The principal will enter into agreements with identical conditions as this one with all

BiddersContractors

(ii) The Bidder(s)Contractor(s) undertake(s) to demand from all subcontractors a

commitment in conformity with this Integrity Pact

(iii) The Principal will disqualify from the tender process all bidders who do not sign this

Pact or violate its provisions

Section 7 ndash Criminal charges against violating

Bidder(s)Contractor(s)Subcontractor(s)

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or

of an employee or a representative or an associate of a Bidder Contractor or

Subcontractor which constitutes corruption or if the Principal has substantive suspicion in

this regard the Principal will inform the Corporate Vigilance Office

Section 8 ndash External Independent MonitorMonitors

1 Principal appoints competent and credible Independent External Monitor for this Pact

The task of the Monitor is to review independently and objectively whether and to what

extent the parties comply with the obligations under this agreement

2 The Monitor is not subject to instructions by the representatives of the parties and

performs his functions neutrally and independently He reports to the CMD of the BSNL

3 The Bidder(s)Contractor(s) accepts that the Monitor has the right to access without

restriction to all Project documentation of the Principal including that provided by the

Contractor The Contractor will also grant the Monitor upon his request and demonstration

of a valid interest unrestricted and unconditional access to his project documentation The

same is applicable to Subcontractors The Monitor is under contractual obligation to treat

the information and documents of the Bidder(s)Contractor(s)Subcontractor(s) with

confidentiality

Notwithstanding anything contained in this Section the Bidder(s)Contractor(s) shall have

no obligation whatsoever to provide any internal costing mechanisms or any internal

financial or commercial data pursuant to any audit or review conducted by or on behalf of

the Principal Further the Bidder(s)Contractor(s) shall not be required to provide any data

relating to its other customers or any personnel or employee related date

4 The Principal will provide to the Monitor 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 Principal and the Contractor The parties offer to the

Monitor the option to participate in such meetings

5 As soon as the Monitor notices or believes to notice a violation of this agreement he

will so inform the Management of the Principal and request the Management to

discontinue or take corrective action or to take other relevant action The monitor can in

this regard submit non-binding recommendations Beyond this the Monitor has no right to

demand from the parties that they act in a specific manner refrain from action or tolerate

action

42 Signature of the Contractor

6 The Monitor will submit a written report to the Chairperson of the Board of the Principal

within 8 to 10 weeks from the date of reference or intimation to him by the lsquoPrincipalrsquo and

should the occasion arise submit proposals for correcting problematic situations

7 If the Monitor has reported to the CMD of the BSNL a substantiated suspicion of an

offence under relevant Anti-Corruption Laws of India and the BSNL has not within

reasonable time taken visible action to proceed against such offence or reported it to the

Corporate Vigilance Office the Monitor may also transmit this information directly to the

Central Vigilance Commissioner Government of India

8 The word lsquoMonitorrsquo would include both singular and plural

Section 9 ndash Pact Duration

This Pact begins when both parties have legally signed it It expires for the Contractor 12

months after the last payment under the contract and for all other Bidders 6 months after

the contract has been awarded

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 dischargeddetermined by

CMD BSNL

Section 10 ndash Other provisions

1 This agreement is subject to Indian Law Place of performance and jurisdiction is the

Registered Office of the Principal ie New Delhi The arbitration clause provided in the

tender document contract shall not be applicable for any issue dispute arising under

Integrity Pact

2 Changes and supplements as well as termination notice need to be made in writing

3 If the Contractor is a partnership or a consortium this agreement must be signed by all

partners or consortium members

4 Should one or several provisions of this agreement turn out to be invalid the remainder

of this agreement remains valid In this case the parties will strive to come to an agreement

to their original intensions

------------------------------------ ----------------------------------

For the Principal For the BidderContractor

Placehelliphelliphelliphelliphelliphelliphelliphellip Witness 1 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphellip Witness 2 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

43 Signature of the Contractor

Anexx-VIII

AGREEMENT

This agreement made on thishelliphelliphellip day of helliphelliphellip Yearhelliphelliphelliphellip Between hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphellipHerein after called ldquo The contractorrdquo (which expression shall unless excluded by or

repugnant to the context include its successors heir executors administrative representative and

assignee) of the one part amp the BSNL (GMTD Mehsana) herein after referred to as the BSNL of

other part Tender No MMTenderMehsana2016-1706 Dated 26102016

Where as the contractor has offered to enter with the said BSNL for the contract for repairing of

EPBT amp CLIP Plan instruments amp Buttons Key in Mehsana SSA Mehsana Telecom District on

the terms and conditions herein contained and the rates approved by the BSNL (copy of rates

annexed) have been dully accepted and whereas the necessary security deposit have been furnished

in accordance with the provision of the tender documents and whereas no interest will be claimed

on the security deposit Now these presents witness and it is hereby agreed and declared by and

between the partiesrsquo presents as follows

(1) The contractor shall during the period of this contract that is to say fromhelliphelliphelliphelliphellipTo

helliphelliphelliphellip or completion of work whichever is earlier or until this contract shall be

determined by such notice as is herein after mentioned safely carried out by means of

Labours employed at his own expense and by means of tools implements of equipments

etc to be supplied by him to his Labours at his own expense all work of repairing of

EPBT amp CLIP instruments as described in tender documents (annexed to the agreement)

when the BSNL or any other person authorized by GMTD Mehsana in that behalf require it

is under stood by the contractor that the quantity of work mentioned in the schedule is

likely to change as per actual requirement as demanded by exigencies of service

(2) The Notice Inviting Tender Bid documents (qualifying and financial) letter of intent

approved rates annexed here to and such other additional particulars instructions

drawings work orders as may be found requisite to be given during execution of work

shall be deemed and taken to be an integral part of the contract and shall be deemed to be

included in the expression ldquoThe agreement) or ldquoThe Contractrdquo wherever herein used

(3) The contractor also supplies the requisite number of workmen with means and materials as

well as tools appliances vehicles for transportation cartage etc required for the proper

execution of work within the prescribed in the work orders

(4) The contractor hereby declares that no body connected with or in the employment of the

BSNL is notshall not ever be admitted as partner in the contract

(5) The contractor shall abide by the terms and conditions rules guide lines constructions

particulars safety precautions etc stipulated in the tender documents including any

correspondence between the contractor and the BSNL having bearing on execution of work

and payments of work to be done under the contract

In witness whereof the partiesrsquo presents have here in to set their representative hands and

seals the day and year in

Signed sealed amp Delivered by

The above named contractor in the presence of

Above written

Witness

(1)

(2) Signed and delivered on behalf of BSNL

Witness

(1)

(2)

44 Signature of the Contractor

ANNEXURE-IX - UNDERTAKING

This deed of undertaking executed on this helliphelliphellip day ofhelliphelliphelliptwo thousand andhelliphellip

by (name of sole proprietorpartnerdirectorauthorized representative the firm

company trust society etc)helliphelliphelliphelliphelliphelliphelliphelliphelliphellipSO helliphelliphelliphelliphelliphelliphelliphellip

residing athelliphelliphelliphelliphelliphelliphelliphelliphelliphellipOn behalf of said helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of the firm company Trust Society etc) having its office athelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

and dully authorized to sign file and verify present undertaking by the said hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of Firm company Society etc) in favour of Bharat Sanchar Nigam Ltd a

Government Of India undertaking having its registered office at Statesman

HouseB-148 Barkhamba Road New Delhi and local office at Administrative

Building Sanchar Bhawan BSNL Pilaji Ganj Mehsana-1 here in after called

BSNL (which terms shall mean and include its successors administrators heirs and

assigns Where as MS BSNL invited bids for repairing of EPBT amp CLIP instruments in Mehsana SSA

IWe participated in the bidding process and emerged as successful bidder with respect to tender No

MMTenderMehsana2016-1706 Dated 26102016

IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Acknowledge that IWe have fully under

stood and aware of the terms amp conditions of the Tendercontract and do hereby unequivocally and

unconditionally undertake and declare that

(1) IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip shall comply with all

the rulesRegulationsLawsGovernment instructionsstatus etc that are

applicable will be made applicable and or are aimed to protect the interest of

the workersemployees engaged by meus in the past and during the course of

performance of the contract with BSNL

(2) IWe shall fully protect indemnity and hold harmless BSNL and its employees

officers Directors agents judgments damages fines penalties and costs

(including legal costs and disbursements) arising from or relating to

Any breach violation of any direction order from any governmental

authority any provisions of the labour laws or any other laws status or

regulations that are or will be aimed to protect the interest of the

workersLabours engaged by the contractors in past and during the

course of this contract

OR

Any other payments claims or liability that may arise for ensuring

compliance of the provisions of any of the labour laws or any other laws

etc OR

Any other claim made by any third party in connection with any violation

of any laws guide lines instructions etc

In witness whereof this undertaking has caused on thehelliphelliphelliphelliphelliphellip

DayhelliphelliphelliphelliphellipMonth ofhelliphelliphellip Year

Date

Place

Signature

Name

Designation

Witness 1 2helliphelliphellip

45 Signature of the Contractor

ANNEXURE-X

E-Tendering Instructions to Bidders

These Special Instructions (for e-Tendering) supplement lsquoGeneral instructions to Biddersrsquo as enclosed in Section IV of this E-Tender Document Wherever there is a conflict the provisions herein shall prevail over those in other pages of this document

Submission of Bids only through online process is mandatory for this Tender

For conducting electronic tendering BSNL Mehsana is using the portal

(httpeprocurementsynisecombsnl1gujarat) of Ms Synise Technologies ltd Pune A - Submission of tender

1 The bidding process will be accepted only through e-tendering platform 2 Availability of e-tendering document e-tender document can be obtained by

downloading it from the website httpeprocurementsynisecombsnl1gujarat the

physical copy of the Tender document would not be available for sale

3 The Tender document shall not be available for download on its submissionclosing date B - General 1 Tender Bidding Methodology

Sealed Bid System ndashldquoSingle Stage using two envelopsrdquo

In this case of two envelope system Financial amp Techno-commercial bids shall be

submitted by the bidder at the same time

2 Broad outline of activities from Bidders prospective

1 Procure a Digital Signing Certificate (DSC)

2 Register on Electronic Tendering System (RETS)

3 Create Users and assign roles on ETS

4 View Notice Inviting Tender (NIT) on ETS

5 Download Official Copy of Tender Documents from ETS

6 Clarification to Tender Documents on ET Query to BSNL (Optional)

View response to queries posted by BSNL as addenda

7 Bid-Submission on ETS

8 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Techno-commercial Part

9 View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond to BSNLrsquos Post-TOE queries

10 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Financial-Part (Only for Technical Responsive Bidders)

For participating in this tender online the following instructions need to be read

carefully These instructions are supplemented with more detailed guidelines on

the relevant screens of the ETS

3 Digital Certificates

For integrity of data and its authenticity non-repudiation of electronic records and be compliant with IT Act 2000 it is necessary for each user to have a Digital Certificate (DC) also referred to as Digital Signature Certificate (DSC) of Class 2 or above issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer httpwwwccagovin]

4 Registration

To use the Electronic Tenderreg portal ( httpeprocurementsynisecombsnl1gujarat) vendor needs to register on the

46 Signature of the Contractor

portal Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e-tendering activities In ETS terminology this person will be referred to as the Super User (SU) of that organization For f u r ther details

p lease v is i t the websiteportal and follow further instructions as given on the site You may also contact tender wizard Helpdesk (as given below) to get your registration acceptedactivated Tender wizard Helpdesk

Telephone 020-30277517 020-30277522020-30277516

[between 1000 hrs to 1800 hrs on working days]

Mobile Nos Mr Hiren Pandar 7774013247 7774013248

E-mail ID helpdesksynisecom [Please mark CC

hirenpsynisecom]

BSNL Contact-1

BSNLrsquos Contact Person AGM MM Mehsana

Telephone Mobile (02762-220855222900)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID agmmmmehbsnlin

BSNL Contact-2

BSNLrsquos Contact Person SDE MM-Mehsana

Telephone Mobile (02762-221855)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID mehsdemm2bsnlin 5 Bid related Information for this Tender (Sealed Bid)

The entire bid-submission would be

online on ETS Broad outline of

submissions are as follows

Submission of digitally signed copy of Tender DocumentsAddendumaddenda

Two Envelopes

Techno-commercial -Part

Financial-Part

Note -

i) If some document is not applicable for the bidder then he has to upload

scanned copy of paper mentioning ldquoThe document ltNamegt called vide

clause helliphelliphelliphelliphelliphelliphellip is not applicable on usrdquo

ii) If document asked for contains more than one page then all those pages may be uploaded in one PDF format file

iii) Please take care to scan documents such that the total size of

documents to be uploaded remains minimum However it shall be sole

responsibility of bidder that the uploaded documents remain eligible

6 Offline Submissions

The bidder is requested to submit the following documents offline to AGM (MM) 2nd Floor Sanchar Bhawan Pilaji Ganj Mehsana-384001 on or before the date amp

time of submission of bids specified in covering letter of this tender

47 Signature of the Contractor

document in a Sealed Envelope The envelope shall bear (name of the tender) the tender number and the words lsquoDO NOT OPEN BEFORErsquo (due date amp time)

1 EMD-Bid Security in Original

2 DD Bankers cheque against payment of tender fee

3 Power of attorney (if applicable) Note The bidder has to upload the Scanned copy of all above said documents during

online Bid submission also

7 Special Note on Security of Bids

Security related functionality has been rigorously implemented in ETS in a multi-dimensional manner Starting with Acceptance of Registration by the Service Provider provision for security has been made at various stages in Electronic Tenderrsquos software Security related aspects as regard Bid Submission are outlined below

As part of the Electronic Encryptertrade functionality the contents of both the lsquoElectronic Formsrsquo and the lsquoMain-Bidrsquo are securely encrypted using a Pass-Phrase created by the Bidder himself Unlike a lsquopasswordrsquo a Pass-Phrase can be a multi-word sentence with spaces between words (eg I love this World) A Pass-Phrase is easier to remember and more difficult to break It is recommended that a separate Pass-Phrase be created for each Bid-Part This method of bid- encryption does not have the security and data-integrity related vulnerabilities which are inherent in E-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid- encryption Bid-encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE) even if there is connivance between the concerned tender- opening officers of the Buyer organization and the personnel of e-tendering service provider

Typically lsquoPass-Phrasersquo of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself when demanded by the concerned Tender Opening Officers who will open the bid Else Tender Opening Officer may authorize the bidder to open his bid himself There is an additional protection with SSL Encryption during transit from the client-end computer of a Supplier organization to the e-tendering server portal

8 Public Online Tender Opening Event (TOE)

ETS offers a unique facility for lsquoPublic Online Tender Opening Event (TOE)rsquo Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices For this purpose representatives of bidders (ie Supplier organization) dully authorized are requested to carry a Laptop and Wireless Connectivity to Internet Every legal requirement for a transparent and secure lsquoPublic Online Tender Opening Event (TOE)rsquo has been implemented on ETS As soon as a Bid is decrypted with the corresponding lsquoPass-Phrasersquo as submitted online by the bidder himself (during the TOE itself) salient points of the Bids are simultaneously made available for downloading by all participating bidders The work of taking notes during a manual lsquoTender Opening Eventrsquo is therefore replaced with this superior and convenient form of lsquoPublic Online Tender Opening Event (TOE)rsquo ETS has a unique facility of lsquoOnline Comparison Chartrsquo which is dynamically updated as each online bid is opened The format of the chart is based on inputs provided by the Buyer for each Tender The information in the Comparison Chart is based on the data submitted by the Bidders in electronic forms A detailed Technical and or Financial Comparison Chart enhances Transparency Detailed instructions are given on relevant screens

48 Signature of the Contractor

ETS has a unique facility of a detailed report titled lsquoMinutes of Online Tender Opening Event (TOE)rsquo covering all important activities of lsquoOnline Tender Opening Event (TOE)rsquo This is available to all participating bidders for lsquoViewing Downloadingrsquo

There are many more facilities and features on ETS For a particular tender the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer

NOTE In case of internet related problem at a bidderrsquos end especially during lsquocritical

eventsrsquo such as ndash a short period before bid-submission deadline during online

public tender opening event etc it is the bidderrsquos responsibility to have backup

internet connections In case there is a problem at the e- procurement

service-providerrsquos end (in the server leased line etc) due to which all the

bidders face a problem during critical events and this is brought to the notice

of BSNL by the bidders in time then BSNL will promptly re-schedule the

affected event(s)

9 Other Instructions

For further instructions the vendor should visit the home-page of the portal

( httpeprocurementsynisecombsnl1gujarat) and go to the User-Guidance Center The help information provided through lsquoETS User-Guidance Centerrsquo is available in three categories ndash

Users intending to Register First-Time Users Logged-in users of Buyer organizations and Logged-in users of Supplier organizations Various links are provided under each of the three categories Note It is strongly recommended that all authorized users of Supplier

organizations should thoroughly peruse the information provided under the

relevant links and take appropriate action This will prevent hiccups and minimize

teething problems during the use of ETS

The following lsquoFOUR KEY INSTRUCTIONS for BIDDERSrsquo must be assiduously adhered to

1 Obtain individual Digital Signing Certificate (DSC or DC) well in advance of

your first tender submission deadline on ETS

2 Register your organization on ETS well in advance of your first tender submission deadline on ETS

3 Get your organizationrsquos concerned executives trained on ETS well in advance of your first tender submission deadline on ETS

4 Submit your bids well in advance of tender submission deadline on ETS as

there could be last minute problems due to internet timeout breakdown etc

While the first three instructions mentioned above are especially relevant to first-time users of ETS the fourth instruction is relevant at all times

10 Minimum Requirements at Bidders end

Computer System with good configuration (Min P IV 1 GB RAM Windows XP)

Broadband connectivity

Microsoft Internet Explorer 60 or above

Digital Certificate(s) for users

49 Signature of the Contractor

ANNEXURE-III

RATE SHEET

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Rate should be quoted in below Rate Sheet

Sr

No

Rates Quoted By Bidder With Respect to SOR (Schedule Of Rate)

Particulars In Figure In Words

1 Above Of SOR

2 Below Of SOR

3 AT PAR

[At Same Rates of SOR]

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

Signature of the Bidder with Seal

Note

1 All faulty instruments are to be repaired except fully broken or fully burnt due to

electric hazards

2 The work may be offered to more than one contractor if required

Signature of the Tenderer with seal

Full Name _____________________

Full Address________________________

  • TABLE OF CONTENTS
    • CERTIFICATE REGARDING NEAR RLATIVES
      • LETTEROF AUTHORISATION FOR ATTENDING BID OPENING
      • Signed sealed amp Delivered by
      • Above written
        • ANNEXURE-IX - UNDERTAKING

35 Signature of the Contractor

ANNEXURE ndashII

DECLARATION

(TO BE SUBMITTED WITH TECHNICAL BID)

IWe hereby declare that IWe have carefully gone through the Terms amp Conditions of

Tender Notice Invited vide No MMTenderMehsana2016-1706 Dated 26102016 in

detail and agree to the rate submitted by MeUs in the rate sheet and IWe agree in full to

abide by them

1) Signature of the Party ___________________________________

Full Name ___________________________________

(In block letter) ___________________________________

2) Full address ___________________________________

___________________________________

___________________________________

___________________________________

Tele No (O)________________________________

(R)________________________________

3) Capacity in which the __________________________________

Tender is signed

Rubber stamp is required) __________________________________

__________________________________

Date Signature of the Tenderer with seal

36 Signature of the Contractor

ANNEXURE ndash IV

DECLARATION REGARDING EPF TO BE GIVEN ON NON-JUDICIAL STAMPS

PAPER OF RS 100-

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

I helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipProprietor of

Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip do here by declare

that I am the proprietor of my above firm I am carrying out the repairing of

EPBT amp CLIP my self I do not engage labour So EPF is not applicable to

me

However the decision of the competent authority shall be binding to me in

this regard

Name of the Bidder

Signature of the Bidder with Seal

37 Signature of the Contractor

ANNEXURE ndash V

Undertaking to be given for compliance of EPF Registration certificate

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

We the partners Directors of the firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Do here by undertake that if our tender is accepted we will submit the EPF Registration

certification at the earliest latest by one month after the agreement carried out with the

BSNL Mehsana for execution of works for repairing of EPBT amp CLIP Instruments in

Mehsana SSA failing which the decision of the competent authority will be binding on us

To be signed by all Partners directors

38 Signature of the Contractor

ANNEXURE ndash VI

LETTEROF AUTHORISATION FOR ATTENDING BID OPENING

Tender Number MMTenderMehsana2016-1706 Dated 26102016

Subject Authorisation for attending bid opening on___________________(date) the

tender of following persons are hereby authorised to attend the bid opening

for the tender mentioned above on behalf of ______________________

(Bidder) in order of preference given below

Order of Preference Name

Specimen Signatures

I

II

Alternate

Representative

Signatures of

bidder

Or

Officer authorised to sign the bid

Documents on behalf of the bidder

No 1 Maximum of two representatives will be permitted to attend bid opening In

case where it is restricted to one first preference will be allowed Alternate

representative will be permitted when regular representatives are not to able

attending

2 Permission for entry to the hall where bids are opened may be refused in case

authorisation as prescribed above is not recovered

39 Signature of the Contractor

ANNEXURE ndash VII

INTEGRITY PACT

Between

Bharat Sanchar Nigam Limited (BSNL) GMTD-Mehsana hereinafter referred to as ldquoThe

Principalrdquo

And

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphereinafter referred to as ldquoThe BidderContractorrdquo

Preamble

The Principal intends to award under laid down organizational procedures contracts for --

----------------------------------------- The Principal values full compliance with all relevant

laws and regulations and the principles of economic use of resources and of fairness and

transparency in its relations with its Bidders and Contractors

In order to achieve these goals the Principal will appoint an Independent External Monitor

who will monitor the tender process and the execution of the contract for compliance with

the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to

observe the following principles -

(a) No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for

or accept for himherself or third person any material or immaterial benefit which heshe

is not legally entitled to

(b) The Principal will during the tender process treat all Bidder(s) with equity and reason

The Principal will in particular before and during the tender process provide to all

Bidder(s) the same information and will not provide to any Bidder(s)

confidentialadditional information through which the Bidder(s) could obtain an advantage

in relation to the tender process or the contract execution

(c) The Principal will exclude from the process all known prejudiced persons

(2) If the Principal obtains information on the conduct of any of its employees which is a

criminal offence under the relevant Anti-Corruption Laws of India or if there be a

substantive suspicion in this regard the Principal will inform its Vigilance Office and in

addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder(s)Contractor(s)

(1) The Bidder(s)Contractor(s) commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation

in the tender process and during the contract execution

(a) The Bidder(s)Contractor(s) will not directly or through any other person or firm offer

promise or give to any of the Principalrsquos employees involved in the tender process or the

40 Signature of the Contractor

execution of the contract or to any third person any material or immaterial benefit which

heshe is not legally entitled to in order to obtain in exchange any advantage of any kind

whatsoever during the tender process or during the execution of the contract

(b) The Bidder(s)Contractor(s) will not enter with other Bidder(s) 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

(c) The Bidder(s)Contractor(s) will not commit any offence under the relevant Anti-

corruption Laws of India further the Bidder(s)Contractor(s) will not use improperly for

purposes of competition or personal gain or pass on to others any information or

document provided by the Principal as part of the business relationship regarding plans

technical proposals and business details including information contained or transmitted

electronically

(d) The Bidder(s)Contractor(s) will when presenting his bid disclose any and all

payments he has made is committed to or intends to make to agents brokers or any other

intermediaries in connection with the award of the contract

(2) The Bidder(s)Contractor(s) will not instigate third persons to commit offences outlined

above or be an accessory to such offences

Section 3 ndash Disqualification from tender process and exclusion from future contracts

If the Bidder(s)Contractor(s) before contract award or during execution has committed a

transgression through a violation of Section 2 above or in any other form such as to put his

reliability or credibility in question the Principal is entitled to disqualify the

Bidder(s)Contractor(s) from the tender process or take action as per the defined procedure

Section 4 ndash Compensation for Damages

(i) If the Principal has disqualified the Bidder(s) from the tender process prior to the award

according to Section 3 the Principal is entitled to demand and recover the damages

equivalent to Earnest Money Deposit Bid Security

(ii) If the Principal has terminated the contract according to Section 3 or if the Principal is

entitled to terminate the contract according to section 3 the Principal shall be entitled to

demand and recover from the Contractor the amount equivalent to Security Deposit

Performance Bank Guarantee in addition to any other penalties recoveries as per terms

and conditions of the tender

Section 5 ndash Previous transgression

(i) The Bidder declares that no previous transgression occurred in the last 3 years with any

other Company in any country conforming to the Anti-corruption approach or with any

other Public Sector Enterprise in India that could justify his exclusion from the tender

process

(ii) If the Bidder makes incorrect statement on this subject he can be disqualified from the

tender process or action can be taken as per the defined procedure

Section 6 ndash Equal treatment of all BiddersContractorsSubcontractors

41 Signature of the Contractor

(i) The principal will enter into agreements with identical conditions as this one with all

BiddersContractors

(ii) The Bidder(s)Contractor(s) undertake(s) to demand from all subcontractors a

commitment in conformity with this Integrity Pact

(iii) The Principal will disqualify from the tender process all bidders who do not sign this

Pact or violate its provisions

Section 7 ndash Criminal charges against violating

Bidder(s)Contractor(s)Subcontractor(s)

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or

of an employee or a representative or an associate of a Bidder Contractor or

Subcontractor which constitutes corruption or if the Principal has substantive suspicion in

this regard the Principal will inform the Corporate Vigilance Office

Section 8 ndash External Independent MonitorMonitors

1 Principal appoints competent and credible Independent External Monitor for this Pact

The task of the Monitor is to review independently and objectively whether and to what

extent the parties comply with the obligations under this agreement

2 The Monitor is not subject to instructions by the representatives of the parties and

performs his functions neutrally and independently He reports to the CMD of the BSNL

3 The Bidder(s)Contractor(s) accepts that the Monitor has the right to access without

restriction to all Project documentation of the Principal including that provided by the

Contractor The Contractor will also grant the Monitor upon his request and demonstration

of a valid interest unrestricted and unconditional access to his project documentation The

same is applicable to Subcontractors The Monitor is under contractual obligation to treat

the information and documents of the Bidder(s)Contractor(s)Subcontractor(s) with

confidentiality

Notwithstanding anything contained in this Section the Bidder(s)Contractor(s) shall have

no obligation whatsoever to provide any internal costing mechanisms or any internal

financial or commercial data pursuant to any audit or review conducted by or on behalf of

the Principal Further the Bidder(s)Contractor(s) shall not be required to provide any data

relating to its other customers or any personnel or employee related date

4 The Principal will provide to the Monitor 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 Principal and the Contractor The parties offer to the

Monitor the option to participate in such meetings

5 As soon as the Monitor notices or believes to notice a violation of this agreement he

will so inform the Management of the Principal and request the Management to

discontinue or take corrective action or to take other relevant action The monitor can in

this regard submit non-binding recommendations Beyond this the Monitor has no right to

demand from the parties that they act in a specific manner refrain from action or tolerate

action

42 Signature of the Contractor

6 The Monitor will submit a written report to the Chairperson of the Board of the Principal

within 8 to 10 weeks from the date of reference or intimation to him by the lsquoPrincipalrsquo and

should the occasion arise submit proposals for correcting problematic situations

7 If the Monitor has reported to the CMD of the BSNL a substantiated suspicion of an

offence under relevant Anti-Corruption Laws of India and the BSNL has not within

reasonable time taken visible action to proceed against such offence or reported it to the

Corporate Vigilance Office the Monitor may also transmit this information directly to the

Central Vigilance Commissioner Government of India

8 The word lsquoMonitorrsquo would include both singular and plural

Section 9 ndash Pact Duration

This Pact begins when both parties have legally signed it It expires for the Contractor 12

months after the last payment under the contract and for all other Bidders 6 months after

the contract has been awarded

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 dischargeddetermined by

CMD BSNL

Section 10 ndash Other provisions

1 This agreement is subject to Indian Law Place of performance and jurisdiction is the

Registered Office of the Principal ie New Delhi The arbitration clause provided in the

tender document contract shall not be applicable for any issue dispute arising under

Integrity Pact

2 Changes and supplements as well as termination notice need to be made in writing

3 If the Contractor is a partnership or a consortium this agreement must be signed by all

partners or consortium members

4 Should one or several provisions of this agreement turn out to be invalid the remainder

of this agreement remains valid In this case the parties will strive to come to an agreement

to their original intensions

------------------------------------ ----------------------------------

For the Principal For the BidderContractor

Placehelliphelliphelliphelliphelliphelliphelliphellip Witness 1 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphellip Witness 2 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

43 Signature of the Contractor

Anexx-VIII

AGREEMENT

This agreement made on thishelliphelliphellip day of helliphelliphellip Yearhelliphelliphelliphellip Between hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphellipHerein after called ldquo The contractorrdquo (which expression shall unless excluded by or

repugnant to the context include its successors heir executors administrative representative and

assignee) of the one part amp the BSNL (GMTD Mehsana) herein after referred to as the BSNL of

other part Tender No MMTenderMehsana2016-1706 Dated 26102016

Where as the contractor has offered to enter with the said BSNL for the contract for repairing of

EPBT amp CLIP Plan instruments amp Buttons Key in Mehsana SSA Mehsana Telecom District on

the terms and conditions herein contained and the rates approved by the BSNL (copy of rates

annexed) have been dully accepted and whereas the necessary security deposit have been furnished

in accordance with the provision of the tender documents and whereas no interest will be claimed

on the security deposit Now these presents witness and it is hereby agreed and declared by and

between the partiesrsquo presents as follows

(1) The contractor shall during the period of this contract that is to say fromhelliphelliphelliphelliphellipTo

helliphelliphelliphellip or completion of work whichever is earlier or until this contract shall be

determined by such notice as is herein after mentioned safely carried out by means of

Labours employed at his own expense and by means of tools implements of equipments

etc to be supplied by him to his Labours at his own expense all work of repairing of

EPBT amp CLIP instruments as described in tender documents (annexed to the agreement)

when the BSNL or any other person authorized by GMTD Mehsana in that behalf require it

is under stood by the contractor that the quantity of work mentioned in the schedule is

likely to change as per actual requirement as demanded by exigencies of service

(2) The Notice Inviting Tender Bid documents (qualifying and financial) letter of intent

approved rates annexed here to and such other additional particulars instructions

drawings work orders as may be found requisite to be given during execution of work

shall be deemed and taken to be an integral part of the contract and shall be deemed to be

included in the expression ldquoThe agreement) or ldquoThe Contractrdquo wherever herein used

(3) The contractor also supplies the requisite number of workmen with means and materials as

well as tools appliances vehicles for transportation cartage etc required for the proper

execution of work within the prescribed in the work orders

(4) The contractor hereby declares that no body connected with or in the employment of the

BSNL is notshall not ever be admitted as partner in the contract

(5) The contractor shall abide by the terms and conditions rules guide lines constructions

particulars safety precautions etc stipulated in the tender documents including any

correspondence between the contractor and the BSNL having bearing on execution of work

and payments of work to be done under the contract

In witness whereof the partiesrsquo presents have here in to set their representative hands and

seals the day and year in

Signed sealed amp Delivered by

The above named contractor in the presence of

Above written

Witness

(1)

(2) Signed and delivered on behalf of BSNL

Witness

(1)

(2)

44 Signature of the Contractor

ANNEXURE-IX - UNDERTAKING

This deed of undertaking executed on this helliphelliphellip day ofhelliphelliphelliptwo thousand andhelliphellip

by (name of sole proprietorpartnerdirectorauthorized representative the firm

company trust society etc)helliphelliphelliphelliphelliphelliphelliphelliphelliphellipSO helliphelliphelliphelliphelliphelliphelliphellip

residing athelliphelliphelliphelliphelliphelliphelliphelliphelliphellipOn behalf of said helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of the firm company Trust Society etc) having its office athelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

and dully authorized to sign file and verify present undertaking by the said hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of Firm company Society etc) in favour of Bharat Sanchar Nigam Ltd a

Government Of India undertaking having its registered office at Statesman

HouseB-148 Barkhamba Road New Delhi and local office at Administrative

Building Sanchar Bhawan BSNL Pilaji Ganj Mehsana-1 here in after called

BSNL (which terms shall mean and include its successors administrators heirs and

assigns Where as MS BSNL invited bids for repairing of EPBT amp CLIP instruments in Mehsana SSA

IWe participated in the bidding process and emerged as successful bidder with respect to tender No

MMTenderMehsana2016-1706 Dated 26102016

IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Acknowledge that IWe have fully under

stood and aware of the terms amp conditions of the Tendercontract and do hereby unequivocally and

unconditionally undertake and declare that

(1) IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip shall comply with all

the rulesRegulationsLawsGovernment instructionsstatus etc that are

applicable will be made applicable and or are aimed to protect the interest of

the workersemployees engaged by meus in the past and during the course of

performance of the contract with BSNL

(2) IWe shall fully protect indemnity and hold harmless BSNL and its employees

officers Directors agents judgments damages fines penalties and costs

(including legal costs and disbursements) arising from or relating to

Any breach violation of any direction order from any governmental

authority any provisions of the labour laws or any other laws status or

regulations that are or will be aimed to protect the interest of the

workersLabours engaged by the contractors in past and during the

course of this contract

OR

Any other payments claims or liability that may arise for ensuring

compliance of the provisions of any of the labour laws or any other laws

etc OR

Any other claim made by any third party in connection with any violation

of any laws guide lines instructions etc

In witness whereof this undertaking has caused on thehelliphelliphelliphelliphelliphellip

DayhelliphelliphelliphelliphellipMonth ofhelliphelliphellip Year

Date

Place

Signature

Name

Designation

Witness 1 2helliphelliphellip

45 Signature of the Contractor

ANNEXURE-X

E-Tendering Instructions to Bidders

These Special Instructions (for e-Tendering) supplement lsquoGeneral instructions to Biddersrsquo as enclosed in Section IV of this E-Tender Document Wherever there is a conflict the provisions herein shall prevail over those in other pages of this document

Submission of Bids only through online process is mandatory for this Tender

For conducting electronic tendering BSNL Mehsana is using the portal

(httpeprocurementsynisecombsnl1gujarat) of Ms Synise Technologies ltd Pune A - Submission of tender

1 The bidding process will be accepted only through e-tendering platform 2 Availability of e-tendering document e-tender document can be obtained by

downloading it from the website httpeprocurementsynisecombsnl1gujarat the

physical copy of the Tender document would not be available for sale

3 The Tender document shall not be available for download on its submissionclosing date B - General 1 Tender Bidding Methodology

Sealed Bid System ndashldquoSingle Stage using two envelopsrdquo

In this case of two envelope system Financial amp Techno-commercial bids shall be

submitted by the bidder at the same time

2 Broad outline of activities from Bidders prospective

1 Procure a Digital Signing Certificate (DSC)

2 Register on Electronic Tendering System (RETS)

3 Create Users and assign roles on ETS

4 View Notice Inviting Tender (NIT) on ETS

5 Download Official Copy of Tender Documents from ETS

6 Clarification to Tender Documents on ET Query to BSNL (Optional)

View response to queries posted by BSNL as addenda

7 Bid-Submission on ETS

8 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Techno-commercial Part

9 View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond to BSNLrsquos Post-TOE queries

10 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Financial-Part (Only for Technical Responsive Bidders)

For participating in this tender online the following instructions need to be read

carefully These instructions are supplemented with more detailed guidelines on

the relevant screens of the ETS

3 Digital Certificates

For integrity of data and its authenticity non-repudiation of electronic records and be compliant with IT Act 2000 it is necessary for each user to have a Digital Certificate (DC) also referred to as Digital Signature Certificate (DSC) of Class 2 or above issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer httpwwwccagovin]

4 Registration

To use the Electronic Tenderreg portal ( httpeprocurementsynisecombsnl1gujarat) vendor needs to register on the

46 Signature of the Contractor

portal Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e-tendering activities In ETS terminology this person will be referred to as the Super User (SU) of that organization For f u r ther details

p lease v is i t the websiteportal and follow further instructions as given on the site You may also contact tender wizard Helpdesk (as given below) to get your registration acceptedactivated Tender wizard Helpdesk

Telephone 020-30277517 020-30277522020-30277516

[between 1000 hrs to 1800 hrs on working days]

Mobile Nos Mr Hiren Pandar 7774013247 7774013248

E-mail ID helpdesksynisecom [Please mark CC

hirenpsynisecom]

BSNL Contact-1

BSNLrsquos Contact Person AGM MM Mehsana

Telephone Mobile (02762-220855222900)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID agmmmmehbsnlin

BSNL Contact-2

BSNLrsquos Contact Person SDE MM-Mehsana

Telephone Mobile (02762-221855)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID mehsdemm2bsnlin 5 Bid related Information for this Tender (Sealed Bid)

The entire bid-submission would be

online on ETS Broad outline of

submissions are as follows

Submission of digitally signed copy of Tender DocumentsAddendumaddenda

Two Envelopes

Techno-commercial -Part

Financial-Part

Note -

i) If some document is not applicable for the bidder then he has to upload

scanned copy of paper mentioning ldquoThe document ltNamegt called vide

clause helliphelliphelliphelliphelliphelliphellip is not applicable on usrdquo

ii) If document asked for contains more than one page then all those pages may be uploaded in one PDF format file

iii) Please take care to scan documents such that the total size of

documents to be uploaded remains minimum However it shall be sole

responsibility of bidder that the uploaded documents remain eligible

6 Offline Submissions

The bidder is requested to submit the following documents offline to AGM (MM) 2nd Floor Sanchar Bhawan Pilaji Ganj Mehsana-384001 on or before the date amp

time of submission of bids specified in covering letter of this tender

47 Signature of the Contractor

document in a Sealed Envelope The envelope shall bear (name of the tender) the tender number and the words lsquoDO NOT OPEN BEFORErsquo (due date amp time)

1 EMD-Bid Security in Original

2 DD Bankers cheque against payment of tender fee

3 Power of attorney (if applicable) Note The bidder has to upload the Scanned copy of all above said documents during

online Bid submission also

7 Special Note on Security of Bids

Security related functionality has been rigorously implemented in ETS in a multi-dimensional manner Starting with Acceptance of Registration by the Service Provider provision for security has been made at various stages in Electronic Tenderrsquos software Security related aspects as regard Bid Submission are outlined below

As part of the Electronic Encryptertrade functionality the contents of both the lsquoElectronic Formsrsquo and the lsquoMain-Bidrsquo are securely encrypted using a Pass-Phrase created by the Bidder himself Unlike a lsquopasswordrsquo a Pass-Phrase can be a multi-word sentence with spaces between words (eg I love this World) A Pass-Phrase is easier to remember and more difficult to break It is recommended that a separate Pass-Phrase be created for each Bid-Part This method of bid- encryption does not have the security and data-integrity related vulnerabilities which are inherent in E-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid- encryption Bid-encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE) even if there is connivance between the concerned tender- opening officers of the Buyer organization and the personnel of e-tendering service provider

Typically lsquoPass-Phrasersquo of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself when demanded by the concerned Tender Opening Officers who will open the bid Else Tender Opening Officer may authorize the bidder to open his bid himself There is an additional protection with SSL Encryption during transit from the client-end computer of a Supplier organization to the e-tendering server portal

8 Public Online Tender Opening Event (TOE)

ETS offers a unique facility for lsquoPublic Online Tender Opening Event (TOE)rsquo Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices For this purpose representatives of bidders (ie Supplier organization) dully authorized are requested to carry a Laptop and Wireless Connectivity to Internet Every legal requirement for a transparent and secure lsquoPublic Online Tender Opening Event (TOE)rsquo has been implemented on ETS As soon as a Bid is decrypted with the corresponding lsquoPass-Phrasersquo as submitted online by the bidder himself (during the TOE itself) salient points of the Bids are simultaneously made available for downloading by all participating bidders The work of taking notes during a manual lsquoTender Opening Eventrsquo is therefore replaced with this superior and convenient form of lsquoPublic Online Tender Opening Event (TOE)rsquo ETS has a unique facility of lsquoOnline Comparison Chartrsquo which is dynamically updated as each online bid is opened The format of the chart is based on inputs provided by the Buyer for each Tender The information in the Comparison Chart is based on the data submitted by the Bidders in electronic forms A detailed Technical and or Financial Comparison Chart enhances Transparency Detailed instructions are given on relevant screens

48 Signature of the Contractor

ETS has a unique facility of a detailed report titled lsquoMinutes of Online Tender Opening Event (TOE)rsquo covering all important activities of lsquoOnline Tender Opening Event (TOE)rsquo This is available to all participating bidders for lsquoViewing Downloadingrsquo

There are many more facilities and features on ETS For a particular tender the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer

NOTE In case of internet related problem at a bidderrsquos end especially during lsquocritical

eventsrsquo such as ndash a short period before bid-submission deadline during online

public tender opening event etc it is the bidderrsquos responsibility to have backup

internet connections In case there is a problem at the e- procurement

service-providerrsquos end (in the server leased line etc) due to which all the

bidders face a problem during critical events and this is brought to the notice

of BSNL by the bidders in time then BSNL will promptly re-schedule the

affected event(s)

9 Other Instructions

For further instructions the vendor should visit the home-page of the portal

( httpeprocurementsynisecombsnl1gujarat) and go to the User-Guidance Center The help information provided through lsquoETS User-Guidance Centerrsquo is available in three categories ndash

Users intending to Register First-Time Users Logged-in users of Buyer organizations and Logged-in users of Supplier organizations Various links are provided under each of the three categories Note It is strongly recommended that all authorized users of Supplier

organizations should thoroughly peruse the information provided under the

relevant links and take appropriate action This will prevent hiccups and minimize

teething problems during the use of ETS

The following lsquoFOUR KEY INSTRUCTIONS for BIDDERSrsquo must be assiduously adhered to

1 Obtain individual Digital Signing Certificate (DSC or DC) well in advance of

your first tender submission deadline on ETS

2 Register your organization on ETS well in advance of your first tender submission deadline on ETS

3 Get your organizationrsquos concerned executives trained on ETS well in advance of your first tender submission deadline on ETS

4 Submit your bids well in advance of tender submission deadline on ETS as

there could be last minute problems due to internet timeout breakdown etc

While the first three instructions mentioned above are especially relevant to first-time users of ETS the fourth instruction is relevant at all times

10 Minimum Requirements at Bidders end

Computer System with good configuration (Min P IV 1 GB RAM Windows XP)

Broadband connectivity

Microsoft Internet Explorer 60 or above

Digital Certificate(s) for users

49 Signature of the Contractor

ANNEXURE-III

RATE SHEET

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Rate should be quoted in below Rate Sheet

Sr

No

Rates Quoted By Bidder With Respect to SOR (Schedule Of Rate)

Particulars In Figure In Words

1 Above Of SOR

2 Below Of SOR

3 AT PAR

[At Same Rates of SOR]

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

Signature of the Bidder with Seal

Note

1 All faulty instruments are to be repaired except fully broken or fully burnt due to

electric hazards

2 The work may be offered to more than one contractor if required

Signature of the Tenderer with seal

Full Name _____________________

Full Address________________________

  • TABLE OF CONTENTS
    • CERTIFICATE REGARDING NEAR RLATIVES
      • LETTEROF AUTHORISATION FOR ATTENDING BID OPENING
      • Signed sealed amp Delivered by
      • Above written
        • ANNEXURE-IX - UNDERTAKING

36 Signature of the Contractor

ANNEXURE ndash IV

DECLARATION REGARDING EPF TO BE GIVEN ON NON-JUDICIAL STAMPS

PAPER OF RS 100-

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

I helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipProprietor of

Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip do here by declare

that I am the proprietor of my above firm I am carrying out the repairing of

EPBT amp CLIP my self I do not engage labour So EPF is not applicable to

me

However the decision of the competent authority shall be binding to me in

this regard

Name of the Bidder

Signature of the Bidder with Seal

37 Signature of the Contractor

ANNEXURE ndash V

Undertaking to be given for compliance of EPF Registration certificate

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

We the partners Directors of the firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Do here by undertake that if our tender is accepted we will submit the EPF Registration

certification at the earliest latest by one month after the agreement carried out with the

BSNL Mehsana for execution of works for repairing of EPBT amp CLIP Instruments in

Mehsana SSA failing which the decision of the competent authority will be binding on us

To be signed by all Partners directors

38 Signature of the Contractor

ANNEXURE ndash VI

LETTEROF AUTHORISATION FOR ATTENDING BID OPENING

Tender Number MMTenderMehsana2016-1706 Dated 26102016

Subject Authorisation for attending bid opening on___________________(date) the

tender of following persons are hereby authorised to attend the bid opening

for the tender mentioned above on behalf of ______________________

(Bidder) in order of preference given below

Order of Preference Name

Specimen Signatures

I

II

Alternate

Representative

Signatures of

bidder

Or

Officer authorised to sign the bid

Documents on behalf of the bidder

No 1 Maximum of two representatives will be permitted to attend bid opening In

case where it is restricted to one first preference will be allowed Alternate

representative will be permitted when regular representatives are not to able

attending

2 Permission for entry to the hall where bids are opened may be refused in case

authorisation as prescribed above is not recovered

39 Signature of the Contractor

ANNEXURE ndash VII

INTEGRITY PACT

Between

Bharat Sanchar Nigam Limited (BSNL) GMTD-Mehsana hereinafter referred to as ldquoThe

Principalrdquo

And

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphereinafter referred to as ldquoThe BidderContractorrdquo

Preamble

The Principal intends to award under laid down organizational procedures contracts for --

----------------------------------------- The Principal values full compliance with all relevant

laws and regulations and the principles of economic use of resources and of fairness and

transparency in its relations with its Bidders and Contractors

In order to achieve these goals the Principal will appoint an Independent External Monitor

who will monitor the tender process and the execution of the contract for compliance with

the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to

observe the following principles -

(a) No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for

or accept for himherself or third person any material or immaterial benefit which heshe

is not legally entitled to

(b) The Principal will during the tender process treat all Bidder(s) with equity and reason

The Principal will in particular before and during the tender process provide to all

Bidder(s) the same information and will not provide to any Bidder(s)

confidentialadditional information through which the Bidder(s) could obtain an advantage

in relation to the tender process or the contract execution

(c) The Principal will exclude from the process all known prejudiced persons

(2) If the Principal obtains information on the conduct of any of its employees which is a

criminal offence under the relevant Anti-Corruption Laws of India or if there be a

substantive suspicion in this regard the Principal will inform its Vigilance Office and in

addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder(s)Contractor(s)

(1) The Bidder(s)Contractor(s) commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation

in the tender process and during the contract execution

(a) The Bidder(s)Contractor(s) will not directly or through any other person or firm offer

promise or give to any of the Principalrsquos employees involved in the tender process or the

40 Signature of the Contractor

execution of the contract or to any third person any material or immaterial benefit which

heshe is not legally entitled to in order to obtain in exchange any advantage of any kind

whatsoever during the tender process or during the execution of the contract

(b) The Bidder(s)Contractor(s) will not enter with other Bidder(s) 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

(c) The Bidder(s)Contractor(s) will not commit any offence under the relevant Anti-

corruption Laws of India further the Bidder(s)Contractor(s) will not use improperly for

purposes of competition or personal gain or pass on to others any information or

document provided by the Principal as part of the business relationship regarding plans

technical proposals and business details including information contained or transmitted

electronically

(d) The Bidder(s)Contractor(s) will when presenting his bid disclose any and all

payments he has made is committed to or intends to make to agents brokers or any other

intermediaries in connection with the award of the contract

(2) The Bidder(s)Contractor(s) will not instigate third persons to commit offences outlined

above or be an accessory to such offences

Section 3 ndash Disqualification from tender process and exclusion from future contracts

If the Bidder(s)Contractor(s) before contract award or during execution has committed a

transgression through a violation of Section 2 above or in any other form such as to put his

reliability or credibility in question the Principal is entitled to disqualify the

Bidder(s)Contractor(s) from the tender process or take action as per the defined procedure

Section 4 ndash Compensation for Damages

(i) If the Principal has disqualified the Bidder(s) from the tender process prior to the award

according to Section 3 the Principal is entitled to demand and recover the damages

equivalent to Earnest Money Deposit Bid Security

(ii) If the Principal has terminated the contract according to Section 3 or if the Principal is

entitled to terminate the contract according to section 3 the Principal shall be entitled to

demand and recover from the Contractor the amount equivalent to Security Deposit

Performance Bank Guarantee in addition to any other penalties recoveries as per terms

and conditions of the tender

Section 5 ndash Previous transgression

(i) The Bidder declares that no previous transgression occurred in the last 3 years with any

other Company in any country conforming to the Anti-corruption approach or with any

other Public Sector Enterprise in India that could justify his exclusion from the tender

process

(ii) If the Bidder makes incorrect statement on this subject he can be disqualified from the

tender process or action can be taken as per the defined procedure

Section 6 ndash Equal treatment of all BiddersContractorsSubcontractors

41 Signature of the Contractor

(i) The principal will enter into agreements with identical conditions as this one with all

BiddersContractors

(ii) The Bidder(s)Contractor(s) undertake(s) to demand from all subcontractors a

commitment in conformity with this Integrity Pact

(iii) The Principal will disqualify from the tender process all bidders who do not sign this

Pact or violate its provisions

Section 7 ndash Criminal charges against violating

Bidder(s)Contractor(s)Subcontractor(s)

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or

of an employee or a representative or an associate of a Bidder Contractor or

Subcontractor which constitutes corruption or if the Principal has substantive suspicion in

this regard the Principal will inform the Corporate Vigilance Office

Section 8 ndash External Independent MonitorMonitors

1 Principal appoints competent and credible Independent External Monitor for this Pact

The task of the Monitor is to review independently and objectively whether and to what

extent the parties comply with the obligations under this agreement

2 The Monitor is not subject to instructions by the representatives of the parties and

performs his functions neutrally and independently He reports to the CMD of the BSNL

3 The Bidder(s)Contractor(s) accepts that the Monitor has the right to access without

restriction to all Project documentation of the Principal including that provided by the

Contractor The Contractor will also grant the Monitor upon his request and demonstration

of a valid interest unrestricted and unconditional access to his project documentation The

same is applicable to Subcontractors The Monitor is under contractual obligation to treat

the information and documents of the Bidder(s)Contractor(s)Subcontractor(s) with

confidentiality

Notwithstanding anything contained in this Section the Bidder(s)Contractor(s) shall have

no obligation whatsoever to provide any internal costing mechanisms or any internal

financial or commercial data pursuant to any audit or review conducted by or on behalf of

the Principal Further the Bidder(s)Contractor(s) shall not be required to provide any data

relating to its other customers or any personnel or employee related date

4 The Principal will provide to the Monitor 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 Principal and the Contractor The parties offer to the

Monitor the option to participate in such meetings

5 As soon as the Monitor notices or believes to notice a violation of this agreement he

will so inform the Management of the Principal and request the Management to

discontinue or take corrective action or to take other relevant action The monitor can in

this regard submit non-binding recommendations Beyond this the Monitor has no right to

demand from the parties that they act in a specific manner refrain from action or tolerate

action

42 Signature of the Contractor

6 The Monitor will submit a written report to the Chairperson of the Board of the Principal

within 8 to 10 weeks from the date of reference or intimation to him by the lsquoPrincipalrsquo and

should the occasion arise submit proposals for correcting problematic situations

7 If the Monitor has reported to the CMD of the BSNL a substantiated suspicion of an

offence under relevant Anti-Corruption Laws of India and the BSNL has not within

reasonable time taken visible action to proceed against such offence or reported it to the

Corporate Vigilance Office the Monitor may also transmit this information directly to the

Central Vigilance Commissioner Government of India

8 The word lsquoMonitorrsquo would include both singular and plural

Section 9 ndash Pact Duration

This Pact begins when both parties have legally signed it It expires for the Contractor 12

months after the last payment under the contract and for all other Bidders 6 months after

the contract has been awarded

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 dischargeddetermined by

CMD BSNL

Section 10 ndash Other provisions

1 This agreement is subject to Indian Law Place of performance and jurisdiction is the

Registered Office of the Principal ie New Delhi The arbitration clause provided in the

tender document contract shall not be applicable for any issue dispute arising under

Integrity Pact

2 Changes and supplements as well as termination notice need to be made in writing

3 If the Contractor is a partnership or a consortium this agreement must be signed by all

partners or consortium members

4 Should one or several provisions of this agreement turn out to be invalid the remainder

of this agreement remains valid In this case the parties will strive to come to an agreement

to their original intensions

------------------------------------ ----------------------------------

For the Principal For the BidderContractor

Placehelliphelliphelliphelliphelliphelliphelliphellip Witness 1 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphellip Witness 2 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

43 Signature of the Contractor

Anexx-VIII

AGREEMENT

This agreement made on thishelliphelliphellip day of helliphelliphellip Yearhelliphelliphelliphellip Between hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphellipHerein after called ldquo The contractorrdquo (which expression shall unless excluded by or

repugnant to the context include its successors heir executors administrative representative and

assignee) of the one part amp the BSNL (GMTD Mehsana) herein after referred to as the BSNL of

other part Tender No MMTenderMehsana2016-1706 Dated 26102016

Where as the contractor has offered to enter with the said BSNL for the contract for repairing of

EPBT amp CLIP Plan instruments amp Buttons Key in Mehsana SSA Mehsana Telecom District on

the terms and conditions herein contained and the rates approved by the BSNL (copy of rates

annexed) have been dully accepted and whereas the necessary security deposit have been furnished

in accordance with the provision of the tender documents and whereas no interest will be claimed

on the security deposit Now these presents witness and it is hereby agreed and declared by and

between the partiesrsquo presents as follows

(1) The contractor shall during the period of this contract that is to say fromhelliphelliphelliphelliphellipTo

helliphelliphelliphellip or completion of work whichever is earlier or until this contract shall be

determined by such notice as is herein after mentioned safely carried out by means of

Labours employed at his own expense and by means of tools implements of equipments

etc to be supplied by him to his Labours at his own expense all work of repairing of

EPBT amp CLIP instruments as described in tender documents (annexed to the agreement)

when the BSNL or any other person authorized by GMTD Mehsana in that behalf require it

is under stood by the contractor that the quantity of work mentioned in the schedule is

likely to change as per actual requirement as demanded by exigencies of service

(2) The Notice Inviting Tender Bid documents (qualifying and financial) letter of intent

approved rates annexed here to and such other additional particulars instructions

drawings work orders as may be found requisite to be given during execution of work

shall be deemed and taken to be an integral part of the contract and shall be deemed to be

included in the expression ldquoThe agreement) or ldquoThe Contractrdquo wherever herein used

(3) The contractor also supplies the requisite number of workmen with means and materials as

well as tools appliances vehicles for transportation cartage etc required for the proper

execution of work within the prescribed in the work orders

(4) The contractor hereby declares that no body connected with or in the employment of the

BSNL is notshall not ever be admitted as partner in the contract

(5) The contractor shall abide by the terms and conditions rules guide lines constructions

particulars safety precautions etc stipulated in the tender documents including any

correspondence between the contractor and the BSNL having bearing on execution of work

and payments of work to be done under the contract

In witness whereof the partiesrsquo presents have here in to set their representative hands and

seals the day and year in

Signed sealed amp Delivered by

The above named contractor in the presence of

Above written

Witness

(1)

(2) Signed and delivered on behalf of BSNL

Witness

(1)

(2)

44 Signature of the Contractor

ANNEXURE-IX - UNDERTAKING

This deed of undertaking executed on this helliphelliphellip day ofhelliphelliphelliptwo thousand andhelliphellip

by (name of sole proprietorpartnerdirectorauthorized representative the firm

company trust society etc)helliphelliphelliphelliphelliphelliphelliphelliphelliphellipSO helliphelliphelliphelliphelliphelliphelliphellip

residing athelliphelliphelliphelliphelliphelliphelliphelliphelliphellipOn behalf of said helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of the firm company Trust Society etc) having its office athelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

and dully authorized to sign file and verify present undertaking by the said hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of Firm company Society etc) in favour of Bharat Sanchar Nigam Ltd a

Government Of India undertaking having its registered office at Statesman

HouseB-148 Barkhamba Road New Delhi and local office at Administrative

Building Sanchar Bhawan BSNL Pilaji Ganj Mehsana-1 here in after called

BSNL (which terms shall mean and include its successors administrators heirs and

assigns Where as MS BSNL invited bids for repairing of EPBT amp CLIP instruments in Mehsana SSA

IWe participated in the bidding process and emerged as successful bidder with respect to tender No

MMTenderMehsana2016-1706 Dated 26102016

IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Acknowledge that IWe have fully under

stood and aware of the terms amp conditions of the Tendercontract and do hereby unequivocally and

unconditionally undertake and declare that

(1) IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip shall comply with all

the rulesRegulationsLawsGovernment instructionsstatus etc that are

applicable will be made applicable and or are aimed to protect the interest of

the workersemployees engaged by meus in the past and during the course of

performance of the contract with BSNL

(2) IWe shall fully protect indemnity and hold harmless BSNL and its employees

officers Directors agents judgments damages fines penalties and costs

(including legal costs and disbursements) arising from or relating to

Any breach violation of any direction order from any governmental

authority any provisions of the labour laws or any other laws status or

regulations that are or will be aimed to protect the interest of the

workersLabours engaged by the contractors in past and during the

course of this contract

OR

Any other payments claims or liability that may arise for ensuring

compliance of the provisions of any of the labour laws or any other laws

etc OR

Any other claim made by any third party in connection with any violation

of any laws guide lines instructions etc

In witness whereof this undertaking has caused on thehelliphelliphelliphelliphelliphellip

DayhelliphelliphelliphelliphellipMonth ofhelliphelliphellip Year

Date

Place

Signature

Name

Designation

Witness 1 2helliphelliphellip

45 Signature of the Contractor

ANNEXURE-X

E-Tendering Instructions to Bidders

These Special Instructions (for e-Tendering) supplement lsquoGeneral instructions to Biddersrsquo as enclosed in Section IV of this E-Tender Document Wherever there is a conflict the provisions herein shall prevail over those in other pages of this document

Submission of Bids only through online process is mandatory for this Tender

For conducting electronic tendering BSNL Mehsana is using the portal

(httpeprocurementsynisecombsnl1gujarat) of Ms Synise Technologies ltd Pune A - Submission of tender

1 The bidding process will be accepted only through e-tendering platform 2 Availability of e-tendering document e-tender document can be obtained by

downloading it from the website httpeprocurementsynisecombsnl1gujarat the

physical copy of the Tender document would not be available for sale

3 The Tender document shall not be available for download on its submissionclosing date B - General 1 Tender Bidding Methodology

Sealed Bid System ndashldquoSingle Stage using two envelopsrdquo

In this case of two envelope system Financial amp Techno-commercial bids shall be

submitted by the bidder at the same time

2 Broad outline of activities from Bidders prospective

1 Procure a Digital Signing Certificate (DSC)

2 Register on Electronic Tendering System (RETS)

3 Create Users and assign roles on ETS

4 View Notice Inviting Tender (NIT) on ETS

5 Download Official Copy of Tender Documents from ETS

6 Clarification to Tender Documents on ET Query to BSNL (Optional)

View response to queries posted by BSNL as addenda

7 Bid-Submission on ETS

8 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Techno-commercial Part

9 View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond to BSNLrsquos Post-TOE queries

10 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Financial-Part (Only for Technical Responsive Bidders)

For participating in this tender online the following instructions need to be read

carefully These instructions are supplemented with more detailed guidelines on

the relevant screens of the ETS

3 Digital Certificates

For integrity of data and its authenticity non-repudiation of electronic records and be compliant with IT Act 2000 it is necessary for each user to have a Digital Certificate (DC) also referred to as Digital Signature Certificate (DSC) of Class 2 or above issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer httpwwwccagovin]

4 Registration

To use the Electronic Tenderreg portal ( httpeprocurementsynisecombsnl1gujarat) vendor needs to register on the

46 Signature of the Contractor

portal Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e-tendering activities In ETS terminology this person will be referred to as the Super User (SU) of that organization For f u r ther details

p lease v is i t the websiteportal and follow further instructions as given on the site You may also contact tender wizard Helpdesk (as given below) to get your registration acceptedactivated Tender wizard Helpdesk

Telephone 020-30277517 020-30277522020-30277516

[between 1000 hrs to 1800 hrs on working days]

Mobile Nos Mr Hiren Pandar 7774013247 7774013248

E-mail ID helpdesksynisecom [Please mark CC

hirenpsynisecom]

BSNL Contact-1

BSNLrsquos Contact Person AGM MM Mehsana

Telephone Mobile (02762-220855222900)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID agmmmmehbsnlin

BSNL Contact-2

BSNLrsquos Contact Person SDE MM-Mehsana

Telephone Mobile (02762-221855)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID mehsdemm2bsnlin 5 Bid related Information for this Tender (Sealed Bid)

The entire bid-submission would be

online on ETS Broad outline of

submissions are as follows

Submission of digitally signed copy of Tender DocumentsAddendumaddenda

Two Envelopes

Techno-commercial -Part

Financial-Part

Note -

i) If some document is not applicable for the bidder then he has to upload

scanned copy of paper mentioning ldquoThe document ltNamegt called vide

clause helliphelliphelliphelliphelliphelliphellip is not applicable on usrdquo

ii) If document asked for contains more than one page then all those pages may be uploaded in one PDF format file

iii) Please take care to scan documents such that the total size of

documents to be uploaded remains minimum However it shall be sole

responsibility of bidder that the uploaded documents remain eligible

6 Offline Submissions

The bidder is requested to submit the following documents offline to AGM (MM) 2nd Floor Sanchar Bhawan Pilaji Ganj Mehsana-384001 on or before the date amp

time of submission of bids specified in covering letter of this tender

47 Signature of the Contractor

document in a Sealed Envelope The envelope shall bear (name of the tender) the tender number and the words lsquoDO NOT OPEN BEFORErsquo (due date amp time)

1 EMD-Bid Security in Original

2 DD Bankers cheque against payment of tender fee

3 Power of attorney (if applicable) Note The bidder has to upload the Scanned copy of all above said documents during

online Bid submission also

7 Special Note on Security of Bids

Security related functionality has been rigorously implemented in ETS in a multi-dimensional manner Starting with Acceptance of Registration by the Service Provider provision for security has been made at various stages in Electronic Tenderrsquos software Security related aspects as regard Bid Submission are outlined below

As part of the Electronic Encryptertrade functionality the contents of both the lsquoElectronic Formsrsquo and the lsquoMain-Bidrsquo are securely encrypted using a Pass-Phrase created by the Bidder himself Unlike a lsquopasswordrsquo a Pass-Phrase can be a multi-word sentence with spaces between words (eg I love this World) A Pass-Phrase is easier to remember and more difficult to break It is recommended that a separate Pass-Phrase be created for each Bid-Part This method of bid- encryption does not have the security and data-integrity related vulnerabilities which are inherent in E-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid- encryption Bid-encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE) even if there is connivance between the concerned tender- opening officers of the Buyer organization and the personnel of e-tendering service provider

Typically lsquoPass-Phrasersquo of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself when demanded by the concerned Tender Opening Officers who will open the bid Else Tender Opening Officer may authorize the bidder to open his bid himself There is an additional protection with SSL Encryption during transit from the client-end computer of a Supplier organization to the e-tendering server portal

8 Public Online Tender Opening Event (TOE)

ETS offers a unique facility for lsquoPublic Online Tender Opening Event (TOE)rsquo Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices For this purpose representatives of bidders (ie Supplier organization) dully authorized are requested to carry a Laptop and Wireless Connectivity to Internet Every legal requirement for a transparent and secure lsquoPublic Online Tender Opening Event (TOE)rsquo has been implemented on ETS As soon as a Bid is decrypted with the corresponding lsquoPass-Phrasersquo as submitted online by the bidder himself (during the TOE itself) salient points of the Bids are simultaneously made available for downloading by all participating bidders The work of taking notes during a manual lsquoTender Opening Eventrsquo is therefore replaced with this superior and convenient form of lsquoPublic Online Tender Opening Event (TOE)rsquo ETS has a unique facility of lsquoOnline Comparison Chartrsquo which is dynamically updated as each online bid is opened The format of the chart is based on inputs provided by the Buyer for each Tender The information in the Comparison Chart is based on the data submitted by the Bidders in electronic forms A detailed Technical and or Financial Comparison Chart enhances Transparency Detailed instructions are given on relevant screens

48 Signature of the Contractor

ETS has a unique facility of a detailed report titled lsquoMinutes of Online Tender Opening Event (TOE)rsquo covering all important activities of lsquoOnline Tender Opening Event (TOE)rsquo This is available to all participating bidders for lsquoViewing Downloadingrsquo

There are many more facilities and features on ETS For a particular tender the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer

NOTE In case of internet related problem at a bidderrsquos end especially during lsquocritical

eventsrsquo such as ndash a short period before bid-submission deadline during online

public tender opening event etc it is the bidderrsquos responsibility to have backup

internet connections In case there is a problem at the e- procurement

service-providerrsquos end (in the server leased line etc) due to which all the

bidders face a problem during critical events and this is brought to the notice

of BSNL by the bidders in time then BSNL will promptly re-schedule the

affected event(s)

9 Other Instructions

For further instructions the vendor should visit the home-page of the portal

( httpeprocurementsynisecombsnl1gujarat) and go to the User-Guidance Center The help information provided through lsquoETS User-Guidance Centerrsquo is available in three categories ndash

Users intending to Register First-Time Users Logged-in users of Buyer organizations and Logged-in users of Supplier organizations Various links are provided under each of the three categories Note It is strongly recommended that all authorized users of Supplier

organizations should thoroughly peruse the information provided under the

relevant links and take appropriate action This will prevent hiccups and minimize

teething problems during the use of ETS

The following lsquoFOUR KEY INSTRUCTIONS for BIDDERSrsquo must be assiduously adhered to

1 Obtain individual Digital Signing Certificate (DSC or DC) well in advance of

your first tender submission deadline on ETS

2 Register your organization on ETS well in advance of your first tender submission deadline on ETS

3 Get your organizationrsquos concerned executives trained on ETS well in advance of your first tender submission deadline on ETS

4 Submit your bids well in advance of tender submission deadline on ETS as

there could be last minute problems due to internet timeout breakdown etc

While the first three instructions mentioned above are especially relevant to first-time users of ETS the fourth instruction is relevant at all times

10 Minimum Requirements at Bidders end

Computer System with good configuration (Min P IV 1 GB RAM Windows XP)

Broadband connectivity

Microsoft Internet Explorer 60 or above

Digital Certificate(s) for users

49 Signature of the Contractor

ANNEXURE-III

RATE SHEET

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Rate should be quoted in below Rate Sheet

Sr

No

Rates Quoted By Bidder With Respect to SOR (Schedule Of Rate)

Particulars In Figure In Words

1 Above Of SOR

2 Below Of SOR

3 AT PAR

[At Same Rates of SOR]

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

Signature of the Bidder with Seal

Note

1 All faulty instruments are to be repaired except fully broken or fully burnt due to

electric hazards

2 The work may be offered to more than one contractor if required

Signature of the Tenderer with seal

Full Name _____________________

Full Address________________________

  • TABLE OF CONTENTS
    • CERTIFICATE REGARDING NEAR RLATIVES
      • LETTEROF AUTHORISATION FOR ATTENDING BID OPENING
      • Signed sealed amp Delivered by
      • Above written
        • ANNEXURE-IX - UNDERTAKING

37 Signature of the Contractor

ANNEXURE ndash V

Undertaking to be given for compliance of EPF Registration certificate

Ref NIT No MMTenderMehsana2016-1706 Dated 26102016

We the partners Directors of the firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Do here by undertake that if our tender is accepted we will submit the EPF Registration

certification at the earliest latest by one month after the agreement carried out with the

BSNL Mehsana for execution of works for repairing of EPBT amp CLIP Instruments in

Mehsana SSA failing which the decision of the competent authority will be binding on us

To be signed by all Partners directors

38 Signature of the Contractor

ANNEXURE ndash VI

LETTEROF AUTHORISATION FOR ATTENDING BID OPENING

Tender Number MMTenderMehsana2016-1706 Dated 26102016

Subject Authorisation for attending bid opening on___________________(date) the

tender of following persons are hereby authorised to attend the bid opening

for the tender mentioned above on behalf of ______________________

(Bidder) in order of preference given below

Order of Preference Name

Specimen Signatures

I

II

Alternate

Representative

Signatures of

bidder

Or

Officer authorised to sign the bid

Documents on behalf of the bidder

No 1 Maximum of two representatives will be permitted to attend bid opening In

case where it is restricted to one first preference will be allowed Alternate

representative will be permitted when regular representatives are not to able

attending

2 Permission for entry to the hall where bids are opened may be refused in case

authorisation as prescribed above is not recovered

39 Signature of the Contractor

ANNEXURE ndash VII

INTEGRITY PACT

Between

Bharat Sanchar Nigam Limited (BSNL) GMTD-Mehsana hereinafter referred to as ldquoThe

Principalrdquo

And

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphereinafter referred to as ldquoThe BidderContractorrdquo

Preamble

The Principal intends to award under laid down organizational procedures contracts for --

----------------------------------------- The Principal values full compliance with all relevant

laws and regulations and the principles of economic use of resources and of fairness and

transparency in its relations with its Bidders and Contractors

In order to achieve these goals the Principal will appoint an Independent External Monitor

who will monitor the tender process and the execution of the contract for compliance with

the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to

observe the following principles -

(a) No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for

or accept for himherself or third person any material or immaterial benefit which heshe

is not legally entitled to

(b) The Principal will during the tender process treat all Bidder(s) with equity and reason

The Principal will in particular before and during the tender process provide to all

Bidder(s) the same information and will not provide to any Bidder(s)

confidentialadditional information through which the Bidder(s) could obtain an advantage

in relation to the tender process or the contract execution

(c) The Principal will exclude from the process all known prejudiced persons

(2) If the Principal obtains information on the conduct of any of its employees which is a

criminal offence under the relevant Anti-Corruption Laws of India or if there be a

substantive suspicion in this regard the Principal will inform its Vigilance Office and in

addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder(s)Contractor(s)

(1) The Bidder(s)Contractor(s) commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation

in the tender process and during the contract execution

(a) The Bidder(s)Contractor(s) will not directly or through any other person or firm offer

promise or give to any of the Principalrsquos employees involved in the tender process or the

40 Signature of the Contractor

execution of the contract or to any third person any material or immaterial benefit which

heshe is not legally entitled to in order to obtain in exchange any advantage of any kind

whatsoever during the tender process or during the execution of the contract

(b) The Bidder(s)Contractor(s) will not enter with other Bidder(s) 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

(c) The Bidder(s)Contractor(s) will not commit any offence under the relevant Anti-

corruption Laws of India further the Bidder(s)Contractor(s) will not use improperly for

purposes of competition or personal gain or pass on to others any information or

document provided by the Principal as part of the business relationship regarding plans

technical proposals and business details including information contained or transmitted

electronically

(d) The Bidder(s)Contractor(s) will when presenting his bid disclose any and all

payments he has made is committed to or intends to make to agents brokers or any other

intermediaries in connection with the award of the contract

(2) The Bidder(s)Contractor(s) will not instigate third persons to commit offences outlined

above or be an accessory to such offences

Section 3 ndash Disqualification from tender process and exclusion from future contracts

If the Bidder(s)Contractor(s) before contract award or during execution has committed a

transgression through a violation of Section 2 above or in any other form such as to put his

reliability or credibility in question the Principal is entitled to disqualify the

Bidder(s)Contractor(s) from the tender process or take action as per the defined procedure

Section 4 ndash Compensation for Damages

(i) If the Principal has disqualified the Bidder(s) from the tender process prior to the award

according to Section 3 the Principal is entitled to demand and recover the damages

equivalent to Earnest Money Deposit Bid Security

(ii) If the Principal has terminated the contract according to Section 3 or if the Principal is

entitled to terminate the contract according to section 3 the Principal shall be entitled to

demand and recover from the Contractor the amount equivalent to Security Deposit

Performance Bank Guarantee in addition to any other penalties recoveries as per terms

and conditions of the tender

Section 5 ndash Previous transgression

(i) The Bidder declares that no previous transgression occurred in the last 3 years with any

other Company in any country conforming to the Anti-corruption approach or with any

other Public Sector Enterprise in India that could justify his exclusion from the tender

process

(ii) If the Bidder makes incorrect statement on this subject he can be disqualified from the

tender process or action can be taken as per the defined procedure

Section 6 ndash Equal treatment of all BiddersContractorsSubcontractors

41 Signature of the Contractor

(i) The principal will enter into agreements with identical conditions as this one with all

BiddersContractors

(ii) The Bidder(s)Contractor(s) undertake(s) to demand from all subcontractors a

commitment in conformity with this Integrity Pact

(iii) The Principal will disqualify from the tender process all bidders who do not sign this

Pact or violate its provisions

Section 7 ndash Criminal charges against violating

Bidder(s)Contractor(s)Subcontractor(s)

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or

of an employee or a representative or an associate of a Bidder Contractor or

Subcontractor which constitutes corruption or if the Principal has substantive suspicion in

this regard the Principal will inform the Corporate Vigilance Office

Section 8 ndash External Independent MonitorMonitors

1 Principal appoints competent and credible Independent External Monitor for this Pact

The task of the Monitor is to review independently and objectively whether and to what

extent the parties comply with the obligations under this agreement

2 The Monitor is not subject to instructions by the representatives of the parties and

performs his functions neutrally and independently He reports to the CMD of the BSNL

3 The Bidder(s)Contractor(s) accepts that the Monitor has the right to access without

restriction to all Project documentation of the Principal including that provided by the

Contractor The Contractor will also grant the Monitor upon his request and demonstration

of a valid interest unrestricted and unconditional access to his project documentation The

same is applicable to Subcontractors The Monitor is under contractual obligation to treat

the information and documents of the Bidder(s)Contractor(s)Subcontractor(s) with

confidentiality

Notwithstanding anything contained in this Section the Bidder(s)Contractor(s) shall have

no obligation whatsoever to provide any internal costing mechanisms or any internal

financial or commercial data pursuant to any audit or review conducted by or on behalf of

the Principal Further the Bidder(s)Contractor(s) shall not be required to provide any data

relating to its other customers or any personnel or employee related date

4 The Principal will provide to the Monitor 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 Principal and the Contractor The parties offer to the

Monitor the option to participate in such meetings

5 As soon as the Monitor notices or believes to notice a violation of this agreement he

will so inform the Management of the Principal and request the Management to

discontinue or take corrective action or to take other relevant action The monitor can in

this regard submit non-binding recommendations Beyond this the Monitor has no right to

demand from the parties that they act in a specific manner refrain from action or tolerate

action

42 Signature of the Contractor

6 The Monitor will submit a written report to the Chairperson of the Board of the Principal

within 8 to 10 weeks from the date of reference or intimation to him by the lsquoPrincipalrsquo and

should the occasion arise submit proposals for correcting problematic situations

7 If the Monitor has reported to the CMD of the BSNL a substantiated suspicion of an

offence under relevant Anti-Corruption Laws of India and the BSNL has not within

reasonable time taken visible action to proceed against such offence or reported it to the

Corporate Vigilance Office the Monitor may also transmit this information directly to the

Central Vigilance Commissioner Government of India

8 The word lsquoMonitorrsquo would include both singular and plural

Section 9 ndash Pact Duration

This Pact begins when both parties have legally signed it It expires for the Contractor 12

months after the last payment under the contract and for all other Bidders 6 months after

the contract has been awarded

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 dischargeddetermined by

CMD BSNL

Section 10 ndash Other provisions

1 This agreement is subject to Indian Law Place of performance and jurisdiction is the

Registered Office of the Principal ie New Delhi The arbitration clause provided in the

tender document contract shall not be applicable for any issue dispute arising under

Integrity Pact

2 Changes and supplements as well as termination notice need to be made in writing

3 If the Contractor is a partnership or a consortium this agreement must be signed by all

partners or consortium members

4 Should one or several provisions of this agreement turn out to be invalid the remainder

of this agreement remains valid In this case the parties will strive to come to an agreement

to their original intensions

------------------------------------ ----------------------------------

For the Principal For the BidderContractor

Placehelliphelliphelliphelliphelliphelliphelliphellip Witness 1 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphellip Witness 2 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

43 Signature of the Contractor

Anexx-VIII

AGREEMENT

This agreement made on thishelliphelliphellip day of helliphelliphellip Yearhelliphelliphelliphellip Between hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphellipHerein after called ldquo The contractorrdquo (which expression shall unless excluded by or

repugnant to the context include its successors heir executors administrative representative and

assignee) of the one part amp the BSNL (GMTD Mehsana) herein after referred to as the BSNL of

other part Tender No MMTenderMehsana2016-1706 Dated 26102016

Where as the contractor has offered to enter with the said BSNL for the contract for repairing of

EPBT amp CLIP Plan instruments amp Buttons Key in Mehsana SSA Mehsana Telecom District on

the terms and conditions herein contained and the rates approved by the BSNL (copy of rates

annexed) have been dully accepted and whereas the necessary security deposit have been furnished

in accordance with the provision of the tender documents and whereas no interest will be claimed

on the security deposit Now these presents witness and it is hereby agreed and declared by and

between the partiesrsquo presents as follows

(1) The contractor shall during the period of this contract that is to say fromhelliphelliphelliphelliphellipTo

helliphelliphelliphellip or completion of work whichever is earlier or until this contract shall be

determined by such notice as is herein after mentioned safely carried out by means of

Labours employed at his own expense and by means of tools implements of equipments

etc to be supplied by him to his Labours at his own expense all work of repairing of

EPBT amp CLIP instruments as described in tender documents (annexed to the agreement)

when the BSNL or any other person authorized by GMTD Mehsana in that behalf require it

is under stood by the contractor that the quantity of work mentioned in the schedule is

likely to change as per actual requirement as demanded by exigencies of service

(2) The Notice Inviting Tender Bid documents (qualifying and financial) letter of intent

approved rates annexed here to and such other additional particulars instructions

drawings work orders as may be found requisite to be given during execution of work

shall be deemed and taken to be an integral part of the contract and shall be deemed to be

included in the expression ldquoThe agreement) or ldquoThe Contractrdquo wherever herein used

(3) The contractor also supplies the requisite number of workmen with means and materials as

well as tools appliances vehicles for transportation cartage etc required for the proper

execution of work within the prescribed in the work orders

(4) The contractor hereby declares that no body connected with or in the employment of the

BSNL is notshall not ever be admitted as partner in the contract

(5) The contractor shall abide by the terms and conditions rules guide lines constructions

particulars safety precautions etc stipulated in the tender documents including any

correspondence between the contractor and the BSNL having bearing on execution of work

and payments of work to be done under the contract

In witness whereof the partiesrsquo presents have here in to set their representative hands and

seals the day and year in

Signed sealed amp Delivered by

The above named contractor in the presence of

Above written

Witness

(1)

(2) Signed and delivered on behalf of BSNL

Witness

(1)

(2)

44 Signature of the Contractor

ANNEXURE-IX - UNDERTAKING

This deed of undertaking executed on this helliphelliphellip day ofhelliphelliphelliptwo thousand andhelliphellip

by (name of sole proprietorpartnerdirectorauthorized representative the firm

company trust society etc)helliphelliphelliphelliphelliphelliphelliphelliphelliphellipSO helliphelliphelliphelliphelliphelliphelliphellip

residing athelliphelliphelliphelliphelliphelliphelliphelliphelliphellipOn behalf of said helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of the firm company Trust Society etc) having its office athelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

and dully authorized to sign file and verify present undertaking by the said hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of Firm company Society etc) in favour of Bharat Sanchar Nigam Ltd a

Government Of India undertaking having its registered office at Statesman

HouseB-148 Barkhamba Road New Delhi and local office at Administrative

Building Sanchar Bhawan BSNL Pilaji Ganj Mehsana-1 here in after called

BSNL (which terms shall mean and include its successors administrators heirs and

assigns Where as MS BSNL invited bids for repairing of EPBT amp CLIP instruments in Mehsana SSA

IWe participated in the bidding process and emerged as successful bidder with respect to tender No

MMTenderMehsana2016-1706 Dated 26102016

IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Acknowledge that IWe have fully under

stood and aware of the terms amp conditions of the Tendercontract and do hereby unequivocally and

unconditionally undertake and declare that

(1) IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip shall comply with all

the rulesRegulationsLawsGovernment instructionsstatus etc that are

applicable will be made applicable and or are aimed to protect the interest of

the workersemployees engaged by meus in the past and during the course of

performance of the contract with BSNL

(2) IWe shall fully protect indemnity and hold harmless BSNL and its employees

officers Directors agents judgments damages fines penalties and costs

(including legal costs and disbursements) arising from or relating to

Any breach violation of any direction order from any governmental

authority any provisions of the labour laws or any other laws status or

regulations that are or will be aimed to protect the interest of the

workersLabours engaged by the contractors in past and during the

course of this contract

OR

Any other payments claims or liability that may arise for ensuring

compliance of the provisions of any of the labour laws or any other laws

etc OR

Any other claim made by any third party in connection with any violation

of any laws guide lines instructions etc

In witness whereof this undertaking has caused on thehelliphelliphelliphelliphelliphellip

DayhelliphelliphelliphelliphellipMonth ofhelliphelliphellip Year

Date

Place

Signature

Name

Designation

Witness 1 2helliphelliphellip

45 Signature of the Contractor

ANNEXURE-X

E-Tendering Instructions to Bidders

These Special Instructions (for e-Tendering) supplement lsquoGeneral instructions to Biddersrsquo as enclosed in Section IV of this E-Tender Document Wherever there is a conflict the provisions herein shall prevail over those in other pages of this document

Submission of Bids only through online process is mandatory for this Tender

For conducting electronic tendering BSNL Mehsana is using the portal

(httpeprocurementsynisecombsnl1gujarat) of Ms Synise Technologies ltd Pune A - Submission of tender

1 The bidding process will be accepted only through e-tendering platform 2 Availability of e-tendering document e-tender document can be obtained by

downloading it from the website httpeprocurementsynisecombsnl1gujarat the

physical copy of the Tender document would not be available for sale

3 The Tender document shall not be available for download on its submissionclosing date B - General 1 Tender Bidding Methodology

Sealed Bid System ndashldquoSingle Stage using two envelopsrdquo

In this case of two envelope system Financial amp Techno-commercial bids shall be

submitted by the bidder at the same time

2 Broad outline of activities from Bidders prospective

1 Procure a Digital Signing Certificate (DSC)

2 Register on Electronic Tendering System (RETS)

3 Create Users and assign roles on ETS

4 View Notice Inviting Tender (NIT) on ETS

5 Download Official Copy of Tender Documents from ETS

6 Clarification to Tender Documents on ET Query to BSNL (Optional)

View response to queries posted by BSNL as addenda

7 Bid-Submission on ETS

8 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Techno-commercial Part

9 View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond to BSNLrsquos Post-TOE queries

10 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Financial-Part (Only for Technical Responsive Bidders)

For participating in this tender online the following instructions need to be read

carefully These instructions are supplemented with more detailed guidelines on

the relevant screens of the ETS

3 Digital Certificates

For integrity of data and its authenticity non-repudiation of electronic records and be compliant with IT Act 2000 it is necessary for each user to have a Digital Certificate (DC) also referred to as Digital Signature Certificate (DSC) of Class 2 or above issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer httpwwwccagovin]

4 Registration

To use the Electronic Tenderreg portal ( httpeprocurementsynisecombsnl1gujarat) vendor needs to register on the

46 Signature of the Contractor

portal Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e-tendering activities In ETS terminology this person will be referred to as the Super User (SU) of that organization For f u r ther details

p lease v is i t the websiteportal and follow further instructions as given on the site You may also contact tender wizard Helpdesk (as given below) to get your registration acceptedactivated Tender wizard Helpdesk

Telephone 020-30277517 020-30277522020-30277516

[between 1000 hrs to 1800 hrs on working days]

Mobile Nos Mr Hiren Pandar 7774013247 7774013248

E-mail ID helpdesksynisecom [Please mark CC

hirenpsynisecom]

BSNL Contact-1

BSNLrsquos Contact Person AGM MM Mehsana

Telephone Mobile (02762-220855222900)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID agmmmmehbsnlin

BSNL Contact-2

BSNLrsquos Contact Person SDE MM-Mehsana

Telephone Mobile (02762-221855)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID mehsdemm2bsnlin 5 Bid related Information for this Tender (Sealed Bid)

The entire bid-submission would be

online on ETS Broad outline of

submissions are as follows

Submission of digitally signed copy of Tender DocumentsAddendumaddenda

Two Envelopes

Techno-commercial -Part

Financial-Part

Note -

i) If some document is not applicable for the bidder then he has to upload

scanned copy of paper mentioning ldquoThe document ltNamegt called vide

clause helliphelliphelliphelliphelliphelliphellip is not applicable on usrdquo

ii) If document asked for contains more than one page then all those pages may be uploaded in one PDF format file

iii) Please take care to scan documents such that the total size of

documents to be uploaded remains minimum However it shall be sole

responsibility of bidder that the uploaded documents remain eligible

6 Offline Submissions

The bidder is requested to submit the following documents offline to AGM (MM) 2nd Floor Sanchar Bhawan Pilaji Ganj Mehsana-384001 on or before the date amp

time of submission of bids specified in covering letter of this tender

47 Signature of the Contractor

document in a Sealed Envelope The envelope shall bear (name of the tender) the tender number and the words lsquoDO NOT OPEN BEFORErsquo (due date amp time)

1 EMD-Bid Security in Original

2 DD Bankers cheque against payment of tender fee

3 Power of attorney (if applicable) Note The bidder has to upload the Scanned copy of all above said documents during

online Bid submission also

7 Special Note on Security of Bids

Security related functionality has been rigorously implemented in ETS in a multi-dimensional manner Starting with Acceptance of Registration by the Service Provider provision for security has been made at various stages in Electronic Tenderrsquos software Security related aspects as regard Bid Submission are outlined below

As part of the Electronic Encryptertrade functionality the contents of both the lsquoElectronic Formsrsquo and the lsquoMain-Bidrsquo are securely encrypted using a Pass-Phrase created by the Bidder himself Unlike a lsquopasswordrsquo a Pass-Phrase can be a multi-word sentence with spaces between words (eg I love this World) A Pass-Phrase is easier to remember and more difficult to break It is recommended that a separate Pass-Phrase be created for each Bid-Part This method of bid- encryption does not have the security and data-integrity related vulnerabilities which are inherent in E-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid- encryption Bid-encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE) even if there is connivance between the concerned tender- opening officers of the Buyer organization and the personnel of e-tendering service provider

Typically lsquoPass-Phrasersquo of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself when demanded by the concerned Tender Opening Officers who will open the bid Else Tender Opening Officer may authorize the bidder to open his bid himself There is an additional protection with SSL Encryption during transit from the client-end computer of a Supplier organization to the e-tendering server portal

8 Public Online Tender Opening Event (TOE)

ETS offers a unique facility for lsquoPublic Online Tender Opening Event (TOE)rsquo Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices For this purpose representatives of bidders (ie Supplier organization) dully authorized are requested to carry a Laptop and Wireless Connectivity to Internet Every legal requirement for a transparent and secure lsquoPublic Online Tender Opening Event (TOE)rsquo has been implemented on ETS As soon as a Bid is decrypted with the corresponding lsquoPass-Phrasersquo as submitted online by the bidder himself (during the TOE itself) salient points of the Bids are simultaneously made available for downloading by all participating bidders The work of taking notes during a manual lsquoTender Opening Eventrsquo is therefore replaced with this superior and convenient form of lsquoPublic Online Tender Opening Event (TOE)rsquo ETS has a unique facility of lsquoOnline Comparison Chartrsquo which is dynamically updated as each online bid is opened The format of the chart is based on inputs provided by the Buyer for each Tender The information in the Comparison Chart is based on the data submitted by the Bidders in electronic forms A detailed Technical and or Financial Comparison Chart enhances Transparency Detailed instructions are given on relevant screens

48 Signature of the Contractor

ETS has a unique facility of a detailed report titled lsquoMinutes of Online Tender Opening Event (TOE)rsquo covering all important activities of lsquoOnline Tender Opening Event (TOE)rsquo This is available to all participating bidders for lsquoViewing Downloadingrsquo

There are many more facilities and features on ETS For a particular tender the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer

NOTE In case of internet related problem at a bidderrsquos end especially during lsquocritical

eventsrsquo such as ndash a short period before bid-submission deadline during online

public tender opening event etc it is the bidderrsquos responsibility to have backup

internet connections In case there is a problem at the e- procurement

service-providerrsquos end (in the server leased line etc) due to which all the

bidders face a problem during critical events and this is brought to the notice

of BSNL by the bidders in time then BSNL will promptly re-schedule the

affected event(s)

9 Other Instructions

For further instructions the vendor should visit the home-page of the portal

( httpeprocurementsynisecombsnl1gujarat) and go to the User-Guidance Center The help information provided through lsquoETS User-Guidance Centerrsquo is available in three categories ndash

Users intending to Register First-Time Users Logged-in users of Buyer organizations and Logged-in users of Supplier organizations Various links are provided under each of the three categories Note It is strongly recommended that all authorized users of Supplier

organizations should thoroughly peruse the information provided under the

relevant links and take appropriate action This will prevent hiccups and minimize

teething problems during the use of ETS

The following lsquoFOUR KEY INSTRUCTIONS for BIDDERSrsquo must be assiduously adhered to

1 Obtain individual Digital Signing Certificate (DSC or DC) well in advance of

your first tender submission deadline on ETS

2 Register your organization on ETS well in advance of your first tender submission deadline on ETS

3 Get your organizationrsquos concerned executives trained on ETS well in advance of your first tender submission deadline on ETS

4 Submit your bids well in advance of tender submission deadline on ETS as

there could be last minute problems due to internet timeout breakdown etc

While the first three instructions mentioned above are especially relevant to first-time users of ETS the fourth instruction is relevant at all times

10 Minimum Requirements at Bidders end

Computer System with good configuration (Min P IV 1 GB RAM Windows XP)

Broadband connectivity

Microsoft Internet Explorer 60 or above

Digital Certificate(s) for users

49 Signature of the Contractor

ANNEXURE-III

RATE SHEET

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Rate should be quoted in below Rate Sheet

Sr

No

Rates Quoted By Bidder With Respect to SOR (Schedule Of Rate)

Particulars In Figure In Words

1 Above Of SOR

2 Below Of SOR

3 AT PAR

[At Same Rates of SOR]

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

Signature of the Bidder with Seal

Note

1 All faulty instruments are to be repaired except fully broken or fully burnt due to

electric hazards

2 The work may be offered to more than one contractor if required

Signature of the Tenderer with seal

Full Name _____________________

Full Address________________________

  • TABLE OF CONTENTS
    • CERTIFICATE REGARDING NEAR RLATIVES
      • LETTEROF AUTHORISATION FOR ATTENDING BID OPENING
      • Signed sealed amp Delivered by
      • Above written
        • ANNEXURE-IX - UNDERTAKING

38 Signature of the Contractor

ANNEXURE ndash VI

LETTEROF AUTHORISATION FOR ATTENDING BID OPENING

Tender Number MMTenderMehsana2016-1706 Dated 26102016

Subject Authorisation for attending bid opening on___________________(date) the

tender of following persons are hereby authorised to attend the bid opening

for the tender mentioned above on behalf of ______________________

(Bidder) in order of preference given below

Order of Preference Name

Specimen Signatures

I

II

Alternate

Representative

Signatures of

bidder

Or

Officer authorised to sign the bid

Documents on behalf of the bidder

No 1 Maximum of two representatives will be permitted to attend bid opening In

case where it is restricted to one first preference will be allowed Alternate

representative will be permitted when regular representatives are not to able

attending

2 Permission for entry to the hall where bids are opened may be refused in case

authorisation as prescribed above is not recovered

39 Signature of the Contractor

ANNEXURE ndash VII

INTEGRITY PACT

Between

Bharat Sanchar Nigam Limited (BSNL) GMTD-Mehsana hereinafter referred to as ldquoThe

Principalrdquo

And

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphereinafter referred to as ldquoThe BidderContractorrdquo

Preamble

The Principal intends to award under laid down organizational procedures contracts for --

----------------------------------------- The Principal values full compliance with all relevant

laws and regulations and the principles of economic use of resources and of fairness and

transparency in its relations with its Bidders and Contractors

In order to achieve these goals the Principal will appoint an Independent External Monitor

who will monitor the tender process and the execution of the contract for compliance with

the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to

observe the following principles -

(a) No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for

or accept for himherself or third person any material or immaterial benefit which heshe

is not legally entitled to

(b) The Principal will during the tender process treat all Bidder(s) with equity and reason

The Principal will in particular before and during the tender process provide to all

Bidder(s) the same information and will not provide to any Bidder(s)

confidentialadditional information through which the Bidder(s) could obtain an advantage

in relation to the tender process or the contract execution

(c) The Principal will exclude from the process all known prejudiced persons

(2) If the Principal obtains information on the conduct of any of its employees which is a

criminal offence under the relevant Anti-Corruption Laws of India or if there be a

substantive suspicion in this regard the Principal will inform its Vigilance Office and in

addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder(s)Contractor(s)

(1) The Bidder(s)Contractor(s) commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation

in the tender process and during the contract execution

(a) The Bidder(s)Contractor(s) will not directly or through any other person or firm offer

promise or give to any of the Principalrsquos employees involved in the tender process or the

40 Signature of the Contractor

execution of the contract or to any third person any material or immaterial benefit which

heshe is not legally entitled to in order to obtain in exchange any advantage of any kind

whatsoever during the tender process or during the execution of the contract

(b) The Bidder(s)Contractor(s) will not enter with other Bidder(s) 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

(c) The Bidder(s)Contractor(s) will not commit any offence under the relevant Anti-

corruption Laws of India further the Bidder(s)Contractor(s) will not use improperly for

purposes of competition or personal gain or pass on to others any information or

document provided by the Principal as part of the business relationship regarding plans

technical proposals and business details including information contained or transmitted

electronically

(d) The Bidder(s)Contractor(s) will when presenting his bid disclose any and all

payments he has made is committed to or intends to make to agents brokers or any other

intermediaries in connection with the award of the contract

(2) The Bidder(s)Contractor(s) will not instigate third persons to commit offences outlined

above or be an accessory to such offences

Section 3 ndash Disqualification from tender process and exclusion from future contracts

If the Bidder(s)Contractor(s) before contract award or during execution has committed a

transgression through a violation of Section 2 above or in any other form such as to put his

reliability or credibility in question the Principal is entitled to disqualify the

Bidder(s)Contractor(s) from the tender process or take action as per the defined procedure

Section 4 ndash Compensation for Damages

(i) If the Principal has disqualified the Bidder(s) from the tender process prior to the award

according to Section 3 the Principal is entitled to demand and recover the damages

equivalent to Earnest Money Deposit Bid Security

(ii) If the Principal has terminated the contract according to Section 3 or if the Principal is

entitled to terminate the contract according to section 3 the Principal shall be entitled to

demand and recover from the Contractor the amount equivalent to Security Deposit

Performance Bank Guarantee in addition to any other penalties recoveries as per terms

and conditions of the tender

Section 5 ndash Previous transgression

(i) The Bidder declares that no previous transgression occurred in the last 3 years with any

other Company in any country conforming to the Anti-corruption approach or with any

other Public Sector Enterprise in India that could justify his exclusion from the tender

process

(ii) If the Bidder makes incorrect statement on this subject he can be disqualified from the

tender process or action can be taken as per the defined procedure

Section 6 ndash Equal treatment of all BiddersContractorsSubcontractors

41 Signature of the Contractor

(i) The principal will enter into agreements with identical conditions as this one with all

BiddersContractors

(ii) The Bidder(s)Contractor(s) undertake(s) to demand from all subcontractors a

commitment in conformity with this Integrity Pact

(iii) The Principal will disqualify from the tender process all bidders who do not sign this

Pact or violate its provisions

Section 7 ndash Criminal charges against violating

Bidder(s)Contractor(s)Subcontractor(s)

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or

of an employee or a representative or an associate of a Bidder Contractor or

Subcontractor which constitutes corruption or if the Principal has substantive suspicion in

this regard the Principal will inform the Corporate Vigilance Office

Section 8 ndash External Independent MonitorMonitors

1 Principal appoints competent and credible Independent External Monitor for this Pact

The task of the Monitor is to review independently and objectively whether and to what

extent the parties comply with the obligations under this agreement

2 The Monitor is not subject to instructions by the representatives of the parties and

performs his functions neutrally and independently He reports to the CMD of the BSNL

3 The Bidder(s)Contractor(s) accepts that the Monitor has the right to access without

restriction to all Project documentation of the Principal including that provided by the

Contractor The Contractor will also grant the Monitor upon his request and demonstration

of a valid interest unrestricted and unconditional access to his project documentation The

same is applicable to Subcontractors The Monitor is under contractual obligation to treat

the information and documents of the Bidder(s)Contractor(s)Subcontractor(s) with

confidentiality

Notwithstanding anything contained in this Section the Bidder(s)Contractor(s) shall have

no obligation whatsoever to provide any internal costing mechanisms or any internal

financial or commercial data pursuant to any audit or review conducted by or on behalf of

the Principal Further the Bidder(s)Contractor(s) shall not be required to provide any data

relating to its other customers or any personnel or employee related date

4 The Principal will provide to the Monitor 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 Principal and the Contractor The parties offer to the

Monitor the option to participate in such meetings

5 As soon as the Monitor notices or believes to notice a violation of this agreement he

will so inform the Management of the Principal and request the Management to

discontinue or take corrective action or to take other relevant action The monitor can in

this regard submit non-binding recommendations Beyond this the Monitor has no right to

demand from the parties that they act in a specific manner refrain from action or tolerate

action

42 Signature of the Contractor

6 The Monitor will submit a written report to the Chairperson of the Board of the Principal

within 8 to 10 weeks from the date of reference or intimation to him by the lsquoPrincipalrsquo and

should the occasion arise submit proposals for correcting problematic situations

7 If the Monitor has reported to the CMD of the BSNL a substantiated suspicion of an

offence under relevant Anti-Corruption Laws of India and the BSNL has not within

reasonable time taken visible action to proceed against such offence or reported it to the

Corporate Vigilance Office the Monitor may also transmit this information directly to the

Central Vigilance Commissioner Government of India

8 The word lsquoMonitorrsquo would include both singular and plural

Section 9 ndash Pact Duration

This Pact begins when both parties have legally signed it It expires for the Contractor 12

months after the last payment under the contract and for all other Bidders 6 months after

the contract has been awarded

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 dischargeddetermined by

CMD BSNL

Section 10 ndash Other provisions

1 This agreement is subject to Indian Law Place of performance and jurisdiction is the

Registered Office of the Principal ie New Delhi The arbitration clause provided in the

tender document contract shall not be applicable for any issue dispute arising under

Integrity Pact

2 Changes and supplements as well as termination notice need to be made in writing

3 If the Contractor is a partnership or a consortium this agreement must be signed by all

partners or consortium members

4 Should one or several provisions of this agreement turn out to be invalid the remainder

of this agreement remains valid In this case the parties will strive to come to an agreement

to their original intensions

------------------------------------ ----------------------------------

For the Principal For the BidderContractor

Placehelliphelliphelliphelliphelliphelliphelliphellip Witness 1 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphellip Witness 2 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

43 Signature of the Contractor

Anexx-VIII

AGREEMENT

This agreement made on thishelliphelliphellip day of helliphelliphellip Yearhelliphelliphelliphellip Between hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphellipHerein after called ldquo The contractorrdquo (which expression shall unless excluded by or

repugnant to the context include its successors heir executors administrative representative and

assignee) of the one part amp the BSNL (GMTD Mehsana) herein after referred to as the BSNL of

other part Tender No MMTenderMehsana2016-1706 Dated 26102016

Where as the contractor has offered to enter with the said BSNL for the contract for repairing of

EPBT amp CLIP Plan instruments amp Buttons Key in Mehsana SSA Mehsana Telecom District on

the terms and conditions herein contained and the rates approved by the BSNL (copy of rates

annexed) have been dully accepted and whereas the necessary security deposit have been furnished

in accordance with the provision of the tender documents and whereas no interest will be claimed

on the security deposit Now these presents witness and it is hereby agreed and declared by and

between the partiesrsquo presents as follows

(1) The contractor shall during the period of this contract that is to say fromhelliphelliphelliphelliphellipTo

helliphelliphelliphellip or completion of work whichever is earlier or until this contract shall be

determined by such notice as is herein after mentioned safely carried out by means of

Labours employed at his own expense and by means of tools implements of equipments

etc to be supplied by him to his Labours at his own expense all work of repairing of

EPBT amp CLIP instruments as described in tender documents (annexed to the agreement)

when the BSNL or any other person authorized by GMTD Mehsana in that behalf require it

is under stood by the contractor that the quantity of work mentioned in the schedule is

likely to change as per actual requirement as demanded by exigencies of service

(2) The Notice Inviting Tender Bid documents (qualifying and financial) letter of intent

approved rates annexed here to and such other additional particulars instructions

drawings work orders as may be found requisite to be given during execution of work

shall be deemed and taken to be an integral part of the contract and shall be deemed to be

included in the expression ldquoThe agreement) or ldquoThe Contractrdquo wherever herein used

(3) The contractor also supplies the requisite number of workmen with means and materials as

well as tools appliances vehicles for transportation cartage etc required for the proper

execution of work within the prescribed in the work orders

(4) The contractor hereby declares that no body connected with or in the employment of the

BSNL is notshall not ever be admitted as partner in the contract

(5) The contractor shall abide by the terms and conditions rules guide lines constructions

particulars safety precautions etc stipulated in the tender documents including any

correspondence between the contractor and the BSNL having bearing on execution of work

and payments of work to be done under the contract

In witness whereof the partiesrsquo presents have here in to set their representative hands and

seals the day and year in

Signed sealed amp Delivered by

The above named contractor in the presence of

Above written

Witness

(1)

(2) Signed and delivered on behalf of BSNL

Witness

(1)

(2)

44 Signature of the Contractor

ANNEXURE-IX - UNDERTAKING

This deed of undertaking executed on this helliphelliphellip day ofhelliphelliphelliptwo thousand andhelliphellip

by (name of sole proprietorpartnerdirectorauthorized representative the firm

company trust society etc)helliphelliphelliphelliphelliphelliphelliphelliphelliphellipSO helliphelliphelliphelliphelliphelliphelliphellip

residing athelliphelliphelliphelliphelliphelliphelliphelliphelliphellipOn behalf of said helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of the firm company Trust Society etc) having its office athelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

and dully authorized to sign file and verify present undertaking by the said hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of Firm company Society etc) in favour of Bharat Sanchar Nigam Ltd a

Government Of India undertaking having its registered office at Statesman

HouseB-148 Barkhamba Road New Delhi and local office at Administrative

Building Sanchar Bhawan BSNL Pilaji Ganj Mehsana-1 here in after called

BSNL (which terms shall mean and include its successors administrators heirs and

assigns Where as MS BSNL invited bids for repairing of EPBT amp CLIP instruments in Mehsana SSA

IWe participated in the bidding process and emerged as successful bidder with respect to tender No

MMTenderMehsana2016-1706 Dated 26102016

IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Acknowledge that IWe have fully under

stood and aware of the terms amp conditions of the Tendercontract and do hereby unequivocally and

unconditionally undertake and declare that

(1) IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip shall comply with all

the rulesRegulationsLawsGovernment instructionsstatus etc that are

applicable will be made applicable and or are aimed to protect the interest of

the workersemployees engaged by meus in the past and during the course of

performance of the contract with BSNL

(2) IWe shall fully protect indemnity and hold harmless BSNL and its employees

officers Directors agents judgments damages fines penalties and costs

(including legal costs and disbursements) arising from or relating to

Any breach violation of any direction order from any governmental

authority any provisions of the labour laws or any other laws status or

regulations that are or will be aimed to protect the interest of the

workersLabours engaged by the contractors in past and during the

course of this contract

OR

Any other payments claims or liability that may arise for ensuring

compliance of the provisions of any of the labour laws or any other laws

etc OR

Any other claim made by any third party in connection with any violation

of any laws guide lines instructions etc

In witness whereof this undertaking has caused on thehelliphelliphelliphelliphelliphellip

DayhelliphelliphelliphelliphellipMonth ofhelliphelliphellip Year

Date

Place

Signature

Name

Designation

Witness 1 2helliphelliphellip

45 Signature of the Contractor

ANNEXURE-X

E-Tendering Instructions to Bidders

These Special Instructions (for e-Tendering) supplement lsquoGeneral instructions to Biddersrsquo as enclosed in Section IV of this E-Tender Document Wherever there is a conflict the provisions herein shall prevail over those in other pages of this document

Submission of Bids only through online process is mandatory for this Tender

For conducting electronic tendering BSNL Mehsana is using the portal

(httpeprocurementsynisecombsnl1gujarat) of Ms Synise Technologies ltd Pune A - Submission of tender

1 The bidding process will be accepted only through e-tendering platform 2 Availability of e-tendering document e-tender document can be obtained by

downloading it from the website httpeprocurementsynisecombsnl1gujarat the

physical copy of the Tender document would not be available for sale

3 The Tender document shall not be available for download on its submissionclosing date B - General 1 Tender Bidding Methodology

Sealed Bid System ndashldquoSingle Stage using two envelopsrdquo

In this case of two envelope system Financial amp Techno-commercial bids shall be

submitted by the bidder at the same time

2 Broad outline of activities from Bidders prospective

1 Procure a Digital Signing Certificate (DSC)

2 Register on Electronic Tendering System (RETS)

3 Create Users and assign roles on ETS

4 View Notice Inviting Tender (NIT) on ETS

5 Download Official Copy of Tender Documents from ETS

6 Clarification to Tender Documents on ET Query to BSNL (Optional)

View response to queries posted by BSNL as addenda

7 Bid-Submission on ETS

8 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Techno-commercial Part

9 View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond to BSNLrsquos Post-TOE queries

10 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Financial-Part (Only for Technical Responsive Bidders)

For participating in this tender online the following instructions need to be read

carefully These instructions are supplemented with more detailed guidelines on

the relevant screens of the ETS

3 Digital Certificates

For integrity of data and its authenticity non-repudiation of electronic records and be compliant with IT Act 2000 it is necessary for each user to have a Digital Certificate (DC) also referred to as Digital Signature Certificate (DSC) of Class 2 or above issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer httpwwwccagovin]

4 Registration

To use the Electronic Tenderreg portal ( httpeprocurementsynisecombsnl1gujarat) vendor needs to register on the

46 Signature of the Contractor

portal Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e-tendering activities In ETS terminology this person will be referred to as the Super User (SU) of that organization For f u r ther details

p lease v is i t the websiteportal and follow further instructions as given on the site You may also contact tender wizard Helpdesk (as given below) to get your registration acceptedactivated Tender wizard Helpdesk

Telephone 020-30277517 020-30277522020-30277516

[between 1000 hrs to 1800 hrs on working days]

Mobile Nos Mr Hiren Pandar 7774013247 7774013248

E-mail ID helpdesksynisecom [Please mark CC

hirenpsynisecom]

BSNL Contact-1

BSNLrsquos Contact Person AGM MM Mehsana

Telephone Mobile (02762-220855222900)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID agmmmmehbsnlin

BSNL Contact-2

BSNLrsquos Contact Person SDE MM-Mehsana

Telephone Mobile (02762-221855)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID mehsdemm2bsnlin 5 Bid related Information for this Tender (Sealed Bid)

The entire bid-submission would be

online on ETS Broad outline of

submissions are as follows

Submission of digitally signed copy of Tender DocumentsAddendumaddenda

Two Envelopes

Techno-commercial -Part

Financial-Part

Note -

i) If some document is not applicable for the bidder then he has to upload

scanned copy of paper mentioning ldquoThe document ltNamegt called vide

clause helliphelliphelliphelliphelliphelliphellip is not applicable on usrdquo

ii) If document asked for contains more than one page then all those pages may be uploaded in one PDF format file

iii) Please take care to scan documents such that the total size of

documents to be uploaded remains minimum However it shall be sole

responsibility of bidder that the uploaded documents remain eligible

6 Offline Submissions

The bidder is requested to submit the following documents offline to AGM (MM) 2nd Floor Sanchar Bhawan Pilaji Ganj Mehsana-384001 on or before the date amp

time of submission of bids specified in covering letter of this tender

47 Signature of the Contractor

document in a Sealed Envelope The envelope shall bear (name of the tender) the tender number and the words lsquoDO NOT OPEN BEFORErsquo (due date amp time)

1 EMD-Bid Security in Original

2 DD Bankers cheque against payment of tender fee

3 Power of attorney (if applicable) Note The bidder has to upload the Scanned copy of all above said documents during

online Bid submission also

7 Special Note on Security of Bids

Security related functionality has been rigorously implemented in ETS in a multi-dimensional manner Starting with Acceptance of Registration by the Service Provider provision for security has been made at various stages in Electronic Tenderrsquos software Security related aspects as regard Bid Submission are outlined below

As part of the Electronic Encryptertrade functionality the contents of both the lsquoElectronic Formsrsquo and the lsquoMain-Bidrsquo are securely encrypted using a Pass-Phrase created by the Bidder himself Unlike a lsquopasswordrsquo a Pass-Phrase can be a multi-word sentence with spaces between words (eg I love this World) A Pass-Phrase is easier to remember and more difficult to break It is recommended that a separate Pass-Phrase be created for each Bid-Part This method of bid- encryption does not have the security and data-integrity related vulnerabilities which are inherent in E-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid- encryption Bid-encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE) even if there is connivance between the concerned tender- opening officers of the Buyer organization and the personnel of e-tendering service provider

Typically lsquoPass-Phrasersquo of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself when demanded by the concerned Tender Opening Officers who will open the bid Else Tender Opening Officer may authorize the bidder to open his bid himself There is an additional protection with SSL Encryption during transit from the client-end computer of a Supplier organization to the e-tendering server portal

8 Public Online Tender Opening Event (TOE)

ETS offers a unique facility for lsquoPublic Online Tender Opening Event (TOE)rsquo Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices For this purpose representatives of bidders (ie Supplier organization) dully authorized are requested to carry a Laptop and Wireless Connectivity to Internet Every legal requirement for a transparent and secure lsquoPublic Online Tender Opening Event (TOE)rsquo has been implemented on ETS As soon as a Bid is decrypted with the corresponding lsquoPass-Phrasersquo as submitted online by the bidder himself (during the TOE itself) salient points of the Bids are simultaneously made available for downloading by all participating bidders The work of taking notes during a manual lsquoTender Opening Eventrsquo is therefore replaced with this superior and convenient form of lsquoPublic Online Tender Opening Event (TOE)rsquo ETS has a unique facility of lsquoOnline Comparison Chartrsquo which is dynamically updated as each online bid is opened The format of the chart is based on inputs provided by the Buyer for each Tender The information in the Comparison Chart is based on the data submitted by the Bidders in electronic forms A detailed Technical and or Financial Comparison Chart enhances Transparency Detailed instructions are given on relevant screens

48 Signature of the Contractor

ETS has a unique facility of a detailed report titled lsquoMinutes of Online Tender Opening Event (TOE)rsquo covering all important activities of lsquoOnline Tender Opening Event (TOE)rsquo This is available to all participating bidders for lsquoViewing Downloadingrsquo

There are many more facilities and features on ETS For a particular tender the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer

NOTE In case of internet related problem at a bidderrsquos end especially during lsquocritical

eventsrsquo such as ndash a short period before bid-submission deadline during online

public tender opening event etc it is the bidderrsquos responsibility to have backup

internet connections In case there is a problem at the e- procurement

service-providerrsquos end (in the server leased line etc) due to which all the

bidders face a problem during critical events and this is brought to the notice

of BSNL by the bidders in time then BSNL will promptly re-schedule the

affected event(s)

9 Other Instructions

For further instructions the vendor should visit the home-page of the portal

( httpeprocurementsynisecombsnl1gujarat) and go to the User-Guidance Center The help information provided through lsquoETS User-Guidance Centerrsquo is available in three categories ndash

Users intending to Register First-Time Users Logged-in users of Buyer organizations and Logged-in users of Supplier organizations Various links are provided under each of the three categories Note It is strongly recommended that all authorized users of Supplier

organizations should thoroughly peruse the information provided under the

relevant links and take appropriate action This will prevent hiccups and minimize

teething problems during the use of ETS

The following lsquoFOUR KEY INSTRUCTIONS for BIDDERSrsquo must be assiduously adhered to

1 Obtain individual Digital Signing Certificate (DSC or DC) well in advance of

your first tender submission deadline on ETS

2 Register your organization on ETS well in advance of your first tender submission deadline on ETS

3 Get your organizationrsquos concerned executives trained on ETS well in advance of your first tender submission deadline on ETS

4 Submit your bids well in advance of tender submission deadline on ETS as

there could be last minute problems due to internet timeout breakdown etc

While the first three instructions mentioned above are especially relevant to first-time users of ETS the fourth instruction is relevant at all times

10 Minimum Requirements at Bidders end

Computer System with good configuration (Min P IV 1 GB RAM Windows XP)

Broadband connectivity

Microsoft Internet Explorer 60 or above

Digital Certificate(s) for users

49 Signature of the Contractor

ANNEXURE-III

RATE SHEET

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Rate should be quoted in below Rate Sheet

Sr

No

Rates Quoted By Bidder With Respect to SOR (Schedule Of Rate)

Particulars In Figure In Words

1 Above Of SOR

2 Below Of SOR

3 AT PAR

[At Same Rates of SOR]

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

Signature of the Bidder with Seal

Note

1 All faulty instruments are to be repaired except fully broken or fully burnt due to

electric hazards

2 The work may be offered to more than one contractor if required

Signature of the Tenderer with seal

Full Name _____________________

Full Address________________________

  • TABLE OF CONTENTS
    • CERTIFICATE REGARDING NEAR RLATIVES
      • LETTEROF AUTHORISATION FOR ATTENDING BID OPENING
      • Signed sealed amp Delivered by
      • Above written
        • ANNEXURE-IX - UNDERTAKING

39 Signature of the Contractor

ANNEXURE ndash VII

INTEGRITY PACT

Between

Bharat Sanchar Nigam Limited (BSNL) GMTD-Mehsana hereinafter referred to as ldquoThe

Principalrdquo

And

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphereinafter referred to as ldquoThe BidderContractorrdquo

Preamble

The Principal intends to award under laid down organizational procedures contracts for --

----------------------------------------- The Principal values full compliance with all relevant

laws and regulations and the principles of economic use of resources and of fairness and

transparency in its relations with its Bidders and Contractors

In order to achieve these goals the Principal will appoint an Independent External Monitor

who will monitor the tender process and the execution of the contract for compliance with

the principles mentioned above

Section 1 ndash Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to

observe the following principles -

(a) No employee of the Principal personally or through family members will in

connection with the tender for or the execution of a contract demand take a promise for

or accept for himherself or third person any material or immaterial benefit which heshe

is not legally entitled to

(b) The Principal will during the tender process treat all Bidder(s) with equity and reason

The Principal will in particular before and during the tender process provide to all

Bidder(s) the same information and will not provide to any Bidder(s)

confidentialadditional information through which the Bidder(s) could obtain an advantage

in relation to the tender process or the contract execution

(c) The Principal will exclude from the process all known prejudiced persons

(2) If the Principal obtains information on the conduct of any of its employees which is a

criminal offence under the relevant Anti-Corruption Laws of India or if there be a

substantive suspicion in this regard the Principal will inform its Vigilance Office and in

addition can initiate disciplinary actions

Section 2 ndash Commitments of the Bidder(s)Contractor(s)

(1) The Bidder(s)Contractor(s) commits itself to take all measures necessary to prevent

corruption He commits himself to observe the following principles during his participation

in the tender process and during the contract execution

(a) The Bidder(s)Contractor(s) will not directly or through any other person or firm offer

promise or give to any of the Principalrsquos employees involved in the tender process or the

40 Signature of the Contractor

execution of the contract or to any third person any material or immaterial benefit which

heshe is not legally entitled to in order to obtain in exchange any advantage of any kind

whatsoever during the tender process or during the execution of the contract

(b) The Bidder(s)Contractor(s) will not enter with other Bidder(s) 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

(c) The Bidder(s)Contractor(s) will not commit any offence under the relevant Anti-

corruption Laws of India further the Bidder(s)Contractor(s) will not use improperly for

purposes of competition or personal gain or pass on to others any information or

document provided by the Principal as part of the business relationship regarding plans

technical proposals and business details including information contained or transmitted

electronically

(d) The Bidder(s)Contractor(s) will when presenting his bid disclose any and all

payments he has made is committed to or intends to make to agents brokers or any other

intermediaries in connection with the award of the contract

(2) The Bidder(s)Contractor(s) will not instigate third persons to commit offences outlined

above or be an accessory to such offences

Section 3 ndash Disqualification from tender process and exclusion from future contracts

If the Bidder(s)Contractor(s) before contract award or during execution has committed a

transgression through a violation of Section 2 above or in any other form such as to put his

reliability or credibility in question the Principal is entitled to disqualify the

Bidder(s)Contractor(s) from the tender process or take action as per the defined procedure

Section 4 ndash Compensation for Damages

(i) If the Principal has disqualified the Bidder(s) from the tender process prior to the award

according to Section 3 the Principal is entitled to demand and recover the damages

equivalent to Earnest Money Deposit Bid Security

(ii) If the Principal has terminated the contract according to Section 3 or if the Principal is

entitled to terminate the contract according to section 3 the Principal shall be entitled to

demand and recover from the Contractor the amount equivalent to Security Deposit

Performance Bank Guarantee in addition to any other penalties recoveries as per terms

and conditions of the tender

Section 5 ndash Previous transgression

(i) The Bidder declares that no previous transgression occurred in the last 3 years with any

other Company in any country conforming to the Anti-corruption approach or with any

other Public Sector Enterprise in India that could justify his exclusion from the tender

process

(ii) If the Bidder makes incorrect statement on this subject he can be disqualified from the

tender process or action can be taken as per the defined procedure

Section 6 ndash Equal treatment of all BiddersContractorsSubcontractors

41 Signature of the Contractor

(i) The principal will enter into agreements with identical conditions as this one with all

BiddersContractors

(ii) The Bidder(s)Contractor(s) undertake(s) to demand from all subcontractors a

commitment in conformity with this Integrity Pact

(iii) The Principal will disqualify from the tender process all bidders who do not sign this

Pact or violate its provisions

Section 7 ndash Criminal charges against violating

Bidder(s)Contractor(s)Subcontractor(s)

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or

of an employee or a representative or an associate of a Bidder Contractor or

Subcontractor which constitutes corruption or if the Principal has substantive suspicion in

this regard the Principal will inform the Corporate Vigilance Office

Section 8 ndash External Independent MonitorMonitors

1 Principal appoints competent and credible Independent External Monitor for this Pact

The task of the Monitor is to review independently and objectively whether and to what

extent the parties comply with the obligations under this agreement

2 The Monitor is not subject to instructions by the representatives of the parties and

performs his functions neutrally and independently He reports to the CMD of the BSNL

3 The Bidder(s)Contractor(s) accepts that the Monitor has the right to access without

restriction to all Project documentation of the Principal including that provided by the

Contractor The Contractor will also grant the Monitor upon his request and demonstration

of a valid interest unrestricted and unconditional access to his project documentation The

same is applicable to Subcontractors The Monitor is under contractual obligation to treat

the information and documents of the Bidder(s)Contractor(s)Subcontractor(s) with

confidentiality

Notwithstanding anything contained in this Section the Bidder(s)Contractor(s) shall have

no obligation whatsoever to provide any internal costing mechanisms or any internal

financial or commercial data pursuant to any audit or review conducted by or on behalf of

the Principal Further the Bidder(s)Contractor(s) shall not be required to provide any data

relating to its other customers or any personnel or employee related date

4 The Principal will provide to the Monitor 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 Principal and the Contractor The parties offer to the

Monitor the option to participate in such meetings

5 As soon as the Monitor notices or believes to notice a violation of this agreement he

will so inform the Management of the Principal and request the Management to

discontinue or take corrective action or to take other relevant action The monitor can in

this regard submit non-binding recommendations Beyond this the Monitor has no right to

demand from the parties that they act in a specific manner refrain from action or tolerate

action

42 Signature of the Contractor

6 The Monitor will submit a written report to the Chairperson of the Board of the Principal

within 8 to 10 weeks from the date of reference or intimation to him by the lsquoPrincipalrsquo and

should the occasion arise submit proposals for correcting problematic situations

7 If the Monitor has reported to the CMD of the BSNL a substantiated suspicion of an

offence under relevant Anti-Corruption Laws of India and the BSNL has not within

reasonable time taken visible action to proceed against such offence or reported it to the

Corporate Vigilance Office the Monitor may also transmit this information directly to the

Central Vigilance Commissioner Government of India

8 The word lsquoMonitorrsquo would include both singular and plural

Section 9 ndash Pact Duration

This Pact begins when both parties have legally signed it It expires for the Contractor 12

months after the last payment under the contract and for all other Bidders 6 months after

the contract has been awarded

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 dischargeddetermined by

CMD BSNL

Section 10 ndash Other provisions

1 This agreement is subject to Indian Law Place of performance and jurisdiction is the

Registered Office of the Principal ie New Delhi The arbitration clause provided in the

tender document contract shall not be applicable for any issue dispute arising under

Integrity Pact

2 Changes and supplements as well as termination notice need to be made in writing

3 If the Contractor is a partnership or a consortium this agreement must be signed by all

partners or consortium members

4 Should one or several provisions of this agreement turn out to be invalid the remainder

of this agreement remains valid In this case the parties will strive to come to an agreement

to their original intensions

------------------------------------ ----------------------------------

For the Principal For the BidderContractor

Placehelliphelliphelliphelliphelliphelliphelliphellip Witness 1 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphellip Witness 2 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

43 Signature of the Contractor

Anexx-VIII

AGREEMENT

This agreement made on thishelliphelliphellip day of helliphelliphellip Yearhelliphelliphelliphellip Between hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphellipHerein after called ldquo The contractorrdquo (which expression shall unless excluded by or

repugnant to the context include its successors heir executors administrative representative and

assignee) of the one part amp the BSNL (GMTD Mehsana) herein after referred to as the BSNL of

other part Tender No MMTenderMehsana2016-1706 Dated 26102016

Where as the contractor has offered to enter with the said BSNL for the contract for repairing of

EPBT amp CLIP Plan instruments amp Buttons Key in Mehsana SSA Mehsana Telecom District on

the terms and conditions herein contained and the rates approved by the BSNL (copy of rates

annexed) have been dully accepted and whereas the necessary security deposit have been furnished

in accordance with the provision of the tender documents and whereas no interest will be claimed

on the security deposit Now these presents witness and it is hereby agreed and declared by and

between the partiesrsquo presents as follows

(1) The contractor shall during the period of this contract that is to say fromhelliphelliphelliphelliphellipTo

helliphelliphelliphellip or completion of work whichever is earlier or until this contract shall be

determined by such notice as is herein after mentioned safely carried out by means of

Labours employed at his own expense and by means of tools implements of equipments

etc to be supplied by him to his Labours at his own expense all work of repairing of

EPBT amp CLIP instruments as described in tender documents (annexed to the agreement)

when the BSNL or any other person authorized by GMTD Mehsana in that behalf require it

is under stood by the contractor that the quantity of work mentioned in the schedule is

likely to change as per actual requirement as demanded by exigencies of service

(2) The Notice Inviting Tender Bid documents (qualifying and financial) letter of intent

approved rates annexed here to and such other additional particulars instructions

drawings work orders as may be found requisite to be given during execution of work

shall be deemed and taken to be an integral part of the contract and shall be deemed to be

included in the expression ldquoThe agreement) or ldquoThe Contractrdquo wherever herein used

(3) The contractor also supplies the requisite number of workmen with means and materials as

well as tools appliances vehicles for transportation cartage etc required for the proper

execution of work within the prescribed in the work orders

(4) The contractor hereby declares that no body connected with or in the employment of the

BSNL is notshall not ever be admitted as partner in the contract

(5) The contractor shall abide by the terms and conditions rules guide lines constructions

particulars safety precautions etc stipulated in the tender documents including any

correspondence between the contractor and the BSNL having bearing on execution of work

and payments of work to be done under the contract

In witness whereof the partiesrsquo presents have here in to set their representative hands and

seals the day and year in

Signed sealed amp Delivered by

The above named contractor in the presence of

Above written

Witness

(1)

(2) Signed and delivered on behalf of BSNL

Witness

(1)

(2)

44 Signature of the Contractor

ANNEXURE-IX - UNDERTAKING

This deed of undertaking executed on this helliphelliphellip day ofhelliphelliphelliptwo thousand andhelliphellip

by (name of sole proprietorpartnerdirectorauthorized representative the firm

company trust society etc)helliphelliphelliphelliphelliphelliphelliphelliphelliphellipSO helliphelliphelliphelliphelliphelliphelliphellip

residing athelliphelliphelliphelliphelliphelliphelliphelliphelliphellipOn behalf of said helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of the firm company Trust Society etc) having its office athelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

and dully authorized to sign file and verify present undertaking by the said hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of Firm company Society etc) in favour of Bharat Sanchar Nigam Ltd a

Government Of India undertaking having its registered office at Statesman

HouseB-148 Barkhamba Road New Delhi and local office at Administrative

Building Sanchar Bhawan BSNL Pilaji Ganj Mehsana-1 here in after called

BSNL (which terms shall mean and include its successors administrators heirs and

assigns Where as MS BSNL invited bids for repairing of EPBT amp CLIP instruments in Mehsana SSA

IWe participated in the bidding process and emerged as successful bidder with respect to tender No

MMTenderMehsana2016-1706 Dated 26102016

IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Acknowledge that IWe have fully under

stood and aware of the terms amp conditions of the Tendercontract and do hereby unequivocally and

unconditionally undertake and declare that

(1) IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip shall comply with all

the rulesRegulationsLawsGovernment instructionsstatus etc that are

applicable will be made applicable and or are aimed to protect the interest of

the workersemployees engaged by meus in the past and during the course of

performance of the contract with BSNL

(2) IWe shall fully protect indemnity and hold harmless BSNL and its employees

officers Directors agents judgments damages fines penalties and costs

(including legal costs and disbursements) arising from or relating to

Any breach violation of any direction order from any governmental

authority any provisions of the labour laws or any other laws status or

regulations that are or will be aimed to protect the interest of the

workersLabours engaged by the contractors in past and during the

course of this contract

OR

Any other payments claims or liability that may arise for ensuring

compliance of the provisions of any of the labour laws or any other laws

etc OR

Any other claim made by any third party in connection with any violation

of any laws guide lines instructions etc

In witness whereof this undertaking has caused on thehelliphelliphelliphelliphelliphellip

DayhelliphelliphelliphelliphellipMonth ofhelliphelliphellip Year

Date

Place

Signature

Name

Designation

Witness 1 2helliphelliphellip

45 Signature of the Contractor

ANNEXURE-X

E-Tendering Instructions to Bidders

These Special Instructions (for e-Tendering) supplement lsquoGeneral instructions to Biddersrsquo as enclosed in Section IV of this E-Tender Document Wherever there is a conflict the provisions herein shall prevail over those in other pages of this document

Submission of Bids only through online process is mandatory for this Tender

For conducting electronic tendering BSNL Mehsana is using the portal

(httpeprocurementsynisecombsnl1gujarat) of Ms Synise Technologies ltd Pune A - Submission of tender

1 The bidding process will be accepted only through e-tendering platform 2 Availability of e-tendering document e-tender document can be obtained by

downloading it from the website httpeprocurementsynisecombsnl1gujarat the

physical copy of the Tender document would not be available for sale

3 The Tender document shall not be available for download on its submissionclosing date B - General 1 Tender Bidding Methodology

Sealed Bid System ndashldquoSingle Stage using two envelopsrdquo

In this case of two envelope system Financial amp Techno-commercial bids shall be

submitted by the bidder at the same time

2 Broad outline of activities from Bidders prospective

1 Procure a Digital Signing Certificate (DSC)

2 Register on Electronic Tendering System (RETS)

3 Create Users and assign roles on ETS

4 View Notice Inviting Tender (NIT) on ETS

5 Download Official Copy of Tender Documents from ETS

6 Clarification to Tender Documents on ET Query to BSNL (Optional)

View response to queries posted by BSNL as addenda

7 Bid-Submission on ETS

8 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Techno-commercial Part

9 View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond to BSNLrsquos Post-TOE queries

10 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Financial-Part (Only for Technical Responsive Bidders)

For participating in this tender online the following instructions need to be read

carefully These instructions are supplemented with more detailed guidelines on

the relevant screens of the ETS

3 Digital Certificates

For integrity of data and its authenticity non-repudiation of electronic records and be compliant with IT Act 2000 it is necessary for each user to have a Digital Certificate (DC) also referred to as Digital Signature Certificate (DSC) of Class 2 or above issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer httpwwwccagovin]

4 Registration

To use the Electronic Tenderreg portal ( httpeprocurementsynisecombsnl1gujarat) vendor needs to register on the

46 Signature of the Contractor

portal Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e-tendering activities In ETS terminology this person will be referred to as the Super User (SU) of that organization For f u r ther details

p lease v is i t the websiteportal and follow further instructions as given on the site You may also contact tender wizard Helpdesk (as given below) to get your registration acceptedactivated Tender wizard Helpdesk

Telephone 020-30277517 020-30277522020-30277516

[between 1000 hrs to 1800 hrs on working days]

Mobile Nos Mr Hiren Pandar 7774013247 7774013248

E-mail ID helpdesksynisecom [Please mark CC

hirenpsynisecom]

BSNL Contact-1

BSNLrsquos Contact Person AGM MM Mehsana

Telephone Mobile (02762-220855222900)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID agmmmmehbsnlin

BSNL Contact-2

BSNLrsquos Contact Person SDE MM-Mehsana

Telephone Mobile (02762-221855)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID mehsdemm2bsnlin 5 Bid related Information for this Tender (Sealed Bid)

The entire bid-submission would be

online on ETS Broad outline of

submissions are as follows

Submission of digitally signed copy of Tender DocumentsAddendumaddenda

Two Envelopes

Techno-commercial -Part

Financial-Part

Note -

i) If some document is not applicable for the bidder then he has to upload

scanned copy of paper mentioning ldquoThe document ltNamegt called vide

clause helliphelliphelliphelliphelliphelliphellip is not applicable on usrdquo

ii) If document asked for contains more than one page then all those pages may be uploaded in one PDF format file

iii) Please take care to scan documents such that the total size of

documents to be uploaded remains minimum However it shall be sole

responsibility of bidder that the uploaded documents remain eligible

6 Offline Submissions

The bidder is requested to submit the following documents offline to AGM (MM) 2nd Floor Sanchar Bhawan Pilaji Ganj Mehsana-384001 on or before the date amp

time of submission of bids specified in covering letter of this tender

47 Signature of the Contractor

document in a Sealed Envelope The envelope shall bear (name of the tender) the tender number and the words lsquoDO NOT OPEN BEFORErsquo (due date amp time)

1 EMD-Bid Security in Original

2 DD Bankers cheque against payment of tender fee

3 Power of attorney (if applicable) Note The bidder has to upload the Scanned copy of all above said documents during

online Bid submission also

7 Special Note on Security of Bids

Security related functionality has been rigorously implemented in ETS in a multi-dimensional manner Starting with Acceptance of Registration by the Service Provider provision for security has been made at various stages in Electronic Tenderrsquos software Security related aspects as regard Bid Submission are outlined below

As part of the Electronic Encryptertrade functionality the contents of both the lsquoElectronic Formsrsquo and the lsquoMain-Bidrsquo are securely encrypted using a Pass-Phrase created by the Bidder himself Unlike a lsquopasswordrsquo a Pass-Phrase can be a multi-word sentence with spaces between words (eg I love this World) A Pass-Phrase is easier to remember and more difficult to break It is recommended that a separate Pass-Phrase be created for each Bid-Part This method of bid- encryption does not have the security and data-integrity related vulnerabilities which are inherent in E-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid- encryption Bid-encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE) even if there is connivance between the concerned tender- opening officers of the Buyer organization and the personnel of e-tendering service provider

Typically lsquoPass-Phrasersquo of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself when demanded by the concerned Tender Opening Officers who will open the bid Else Tender Opening Officer may authorize the bidder to open his bid himself There is an additional protection with SSL Encryption during transit from the client-end computer of a Supplier organization to the e-tendering server portal

8 Public Online Tender Opening Event (TOE)

ETS offers a unique facility for lsquoPublic Online Tender Opening Event (TOE)rsquo Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices For this purpose representatives of bidders (ie Supplier organization) dully authorized are requested to carry a Laptop and Wireless Connectivity to Internet Every legal requirement for a transparent and secure lsquoPublic Online Tender Opening Event (TOE)rsquo has been implemented on ETS As soon as a Bid is decrypted with the corresponding lsquoPass-Phrasersquo as submitted online by the bidder himself (during the TOE itself) salient points of the Bids are simultaneously made available for downloading by all participating bidders The work of taking notes during a manual lsquoTender Opening Eventrsquo is therefore replaced with this superior and convenient form of lsquoPublic Online Tender Opening Event (TOE)rsquo ETS has a unique facility of lsquoOnline Comparison Chartrsquo which is dynamically updated as each online bid is opened The format of the chart is based on inputs provided by the Buyer for each Tender The information in the Comparison Chart is based on the data submitted by the Bidders in electronic forms A detailed Technical and or Financial Comparison Chart enhances Transparency Detailed instructions are given on relevant screens

48 Signature of the Contractor

ETS has a unique facility of a detailed report titled lsquoMinutes of Online Tender Opening Event (TOE)rsquo covering all important activities of lsquoOnline Tender Opening Event (TOE)rsquo This is available to all participating bidders for lsquoViewing Downloadingrsquo

There are many more facilities and features on ETS For a particular tender the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer

NOTE In case of internet related problem at a bidderrsquos end especially during lsquocritical

eventsrsquo such as ndash a short period before bid-submission deadline during online

public tender opening event etc it is the bidderrsquos responsibility to have backup

internet connections In case there is a problem at the e- procurement

service-providerrsquos end (in the server leased line etc) due to which all the

bidders face a problem during critical events and this is brought to the notice

of BSNL by the bidders in time then BSNL will promptly re-schedule the

affected event(s)

9 Other Instructions

For further instructions the vendor should visit the home-page of the portal

( httpeprocurementsynisecombsnl1gujarat) and go to the User-Guidance Center The help information provided through lsquoETS User-Guidance Centerrsquo is available in three categories ndash

Users intending to Register First-Time Users Logged-in users of Buyer organizations and Logged-in users of Supplier organizations Various links are provided under each of the three categories Note It is strongly recommended that all authorized users of Supplier

organizations should thoroughly peruse the information provided under the

relevant links and take appropriate action This will prevent hiccups and minimize

teething problems during the use of ETS

The following lsquoFOUR KEY INSTRUCTIONS for BIDDERSrsquo must be assiduously adhered to

1 Obtain individual Digital Signing Certificate (DSC or DC) well in advance of

your first tender submission deadline on ETS

2 Register your organization on ETS well in advance of your first tender submission deadline on ETS

3 Get your organizationrsquos concerned executives trained on ETS well in advance of your first tender submission deadline on ETS

4 Submit your bids well in advance of tender submission deadline on ETS as

there could be last minute problems due to internet timeout breakdown etc

While the first three instructions mentioned above are especially relevant to first-time users of ETS the fourth instruction is relevant at all times

10 Minimum Requirements at Bidders end

Computer System with good configuration (Min P IV 1 GB RAM Windows XP)

Broadband connectivity

Microsoft Internet Explorer 60 or above

Digital Certificate(s) for users

49 Signature of the Contractor

ANNEXURE-III

RATE SHEET

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Rate should be quoted in below Rate Sheet

Sr

No

Rates Quoted By Bidder With Respect to SOR (Schedule Of Rate)

Particulars In Figure In Words

1 Above Of SOR

2 Below Of SOR

3 AT PAR

[At Same Rates of SOR]

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

Signature of the Bidder with Seal

Note

1 All faulty instruments are to be repaired except fully broken or fully burnt due to

electric hazards

2 The work may be offered to more than one contractor if required

Signature of the Tenderer with seal

Full Name _____________________

Full Address________________________

  • TABLE OF CONTENTS
    • CERTIFICATE REGARDING NEAR RLATIVES
      • LETTEROF AUTHORISATION FOR ATTENDING BID OPENING
      • Signed sealed amp Delivered by
      • Above written
        • ANNEXURE-IX - UNDERTAKING

40 Signature of the Contractor

execution of the contract or to any third person any material or immaterial benefit which

heshe is not legally entitled to in order to obtain in exchange any advantage of any kind

whatsoever during the tender process or during the execution of the contract

(b) The Bidder(s)Contractor(s) will not enter with other Bidder(s) 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

(c) The Bidder(s)Contractor(s) will not commit any offence under the relevant Anti-

corruption Laws of India further the Bidder(s)Contractor(s) will not use improperly for

purposes of competition or personal gain or pass on to others any information or

document provided by the Principal as part of the business relationship regarding plans

technical proposals and business details including information contained or transmitted

electronically

(d) The Bidder(s)Contractor(s) will when presenting his bid disclose any and all

payments he has made is committed to or intends to make to agents brokers or any other

intermediaries in connection with the award of the contract

(2) The Bidder(s)Contractor(s) will not instigate third persons to commit offences outlined

above or be an accessory to such offences

Section 3 ndash Disqualification from tender process and exclusion from future contracts

If the Bidder(s)Contractor(s) before contract award or during execution has committed a

transgression through a violation of Section 2 above or in any other form such as to put his

reliability or credibility in question the Principal is entitled to disqualify the

Bidder(s)Contractor(s) from the tender process or take action as per the defined procedure

Section 4 ndash Compensation for Damages

(i) If the Principal has disqualified the Bidder(s) from the tender process prior to the award

according to Section 3 the Principal is entitled to demand and recover the damages

equivalent to Earnest Money Deposit Bid Security

(ii) If the Principal has terminated the contract according to Section 3 or if the Principal is

entitled to terminate the contract according to section 3 the Principal shall be entitled to

demand and recover from the Contractor the amount equivalent to Security Deposit

Performance Bank Guarantee in addition to any other penalties recoveries as per terms

and conditions of the tender

Section 5 ndash Previous transgression

(i) The Bidder declares that no previous transgression occurred in the last 3 years with any

other Company in any country conforming to the Anti-corruption approach or with any

other Public Sector Enterprise in India that could justify his exclusion from the tender

process

(ii) If the Bidder makes incorrect statement on this subject he can be disqualified from the

tender process or action can be taken as per the defined procedure

Section 6 ndash Equal treatment of all BiddersContractorsSubcontractors

41 Signature of the Contractor

(i) The principal will enter into agreements with identical conditions as this one with all

BiddersContractors

(ii) The Bidder(s)Contractor(s) undertake(s) to demand from all subcontractors a

commitment in conformity with this Integrity Pact

(iii) The Principal will disqualify from the tender process all bidders who do not sign this

Pact or violate its provisions

Section 7 ndash Criminal charges against violating

Bidder(s)Contractor(s)Subcontractor(s)

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or

of an employee or a representative or an associate of a Bidder Contractor or

Subcontractor which constitutes corruption or if the Principal has substantive suspicion in

this regard the Principal will inform the Corporate Vigilance Office

Section 8 ndash External Independent MonitorMonitors

1 Principal appoints competent and credible Independent External Monitor for this Pact

The task of the Monitor is to review independently and objectively whether and to what

extent the parties comply with the obligations under this agreement

2 The Monitor is not subject to instructions by the representatives of the parties and

performs his functions neutrally and independently He reports to the CMD of the BSNL

3 The Bidder(s)Contractor(s) accepts that the Monitor has the right to access without

restriction to all Project documentation of the Principal including that provided by the

Contractor The Contractor will also grant the Monitor upon his request and demonstration

of a valid interest unrestricted and unconditional access to his project documentation The

same is applicable to Subcontractors The Monitor is under contractual obligation to treat

the information and documents of the Bidder(s)Contractor(s)Subcontractor(s) with

confidentiality

Notwithstanding anything contained in this Section the Bidder(s)Contractor(s) shall have

no obligation whatsoever to provide any internal costing mechanisms or any internal

financial or commercial data pursuant to any audit or review conducted by or on behalf of

the Principal Further the Bidder(s)Contractor(s) shall not be required to provide any data

relating to its other customers or any personnel or employee related date

4 The Principal will provide to the Monitor 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 Principal and the Contractor The parties offer to the

Monitor the option to participate in such meetings

5 As soon as the Monitor notices or believes to notice a violation of this agreement he

will so inform the Management of the Principal and request the Management to

discontinue or take corrective action or to take other relevant action The monitor can in

this regard submit non-binding recommendations Beyond this the Monitor has no right to

demand from the parties that they act in a specific manner refrain from action or tolerate

action

42 Signature of the Contractor

6 The Monitor will submit a written report to the Chairperson of the Board of the Principal

within 8 to 10 weeks from the date of reference or intimation to him by the lsquoPrincipalrsquo and

should the occasion arise submit proposals for correcting problematic situations

7 If the Monitor has reported to the CMD of the BSNL a substantiated suspicion of an

offence under relevant Anti-Corruption Laws of India and the BSNL has not within

reasonable time taken visible action to proceed against such offence or reported it to the

Corporate Vigilance Office the Monitor may also transmit this information directly to the

Central Vigilance Commissioner Government of India

8 The word lsquoMonitorrsquo would include both singular and plural

Section 9 ndash Pact Duration

This Pact begins when both parties have legally signed it It expires for the Contractor 12

months after the last payment under the contract and for all other Bidders 6 months after

the contract has been awarded

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 dischargeddetermined by

CMD BSNL

Section 10 ndash Other provisions

1 This agreement is subject to Indian Law Place of performance and jurisdiction is the

Registered Office of the Principal ie New Delhi The arbitration clause provided in the

tender document contract shall not be applicable for any issue dispute arising under

Integrity Pact

2 Changes and supplements as well as termination notice need to be made in writing

3 If the Contractor is a partnership or a consortium this agreement must be signed by all

partners or consortium members

4 Should one or several provisions of this agreement turn out to be invalid the remainder

of this agreement remains valid In this case the parties will strive to come to an agreement

to their original intensions

------------------------------------ ----------------------------------

For the Principal For the BidderContractor

Placehelliphelliphelliphelliphelliphelliphelliphellip Witness 1 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphellip Witness 2 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

43 Signature of the Contractor

Anexx-VIII

AGREEMENT

This agreement made on thishelliphelliphellip day of helliphelliphellip Yearhelliphelliphelliphellip Between hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphellipHerein after called ldquo The contractorrdquo (which expression shall unless excluded by or

repugnant to the context include its successors heir executors administrative representative and

assignee) of the one part amp the BSNL (GMTD Mehsana) herein after referred to as the BSNL of

other part Tender No MMTenderMehsana2016-1706 Dated 26102016

Where as the contractor has offered to enter with the said BSNL for the contract for repairing of

EPBT amp CLIP Plan instruments amp Buttons Key in Mehsana SSA Mehsana Telecom District on

the terms and conditions herein contained and the rates approved by the BSNL (copy of rates

annexed) have been dully accepted and whereas the necessary security deposit have been furnished

in accordance with the provision of the tender documents and whereas no interest will be claimed

on the security deposit Now these presents witness and it is hereby agreed and declared by and

between the partiesrsquo presents as follows

(1) The contractor shall during the period of this contract that is to say fromhelliphelliphelliphelliphellipTo

helliphelliphelliphellip or completion of work whichever is earlier or until this contract shall be

determined by such notice as is herein after mentioned safely carried out by means of

Labours employed at his own expense and by means of tools implements of equipments

etc to be supplied by him to his Labours at his own expense all work of repairing of

EPBT amp CLIP instruments as described in tender documents (annexed to the agreement)

when the BSNL or any other person authorized by GMTD Mehsana in that behalf require it

is under stood by the contractor that the quantity of work mentioned in the schedule is

likely to change as per actual requirement as demanded by exigencies of service

(2) The Notice Inviting Tender Bid documents (qualifying and financial) letter of intent

approved rates annexed here to and such other additional particulars instructions

drawings work orders as may be found requisite to be given during execution of work

shall be deemed and taken to be an integral part of the contract and shall be deemed to be

included in the expression ldquoThe agreement) or ldquoThe Contractrdquo wherever herein used

(3) The contractor also supplies the requisite number of workmen with means and materials as

well as tools appliances vehicles for transportation cartage etc required for the proper

execution of work within the prescribed in the work orders

(4) The contractor hereby declares that no body connected with or in the employment of the

BSNL is notshall not ever be admitted as partner in the contract

(5) The contractor shall abide by the terms and conditions rules guide lines constructions

particulars safety precautions etc stipulated in the tender documents including any

correspondence between the contractor and the BSNL having bearing on execution of work

and payments of work to be done under the contract

In witness whereof the partiesrsquo presents have here in to set their representative hands and

seals the day and year in

Signed sealed amp Delivered by

The above named contractor in the presence of

Above written

Witness

(1)

(2) Signed and delivered on behalf of BSNL

Witness

(1)

(2)

44 Signature of the Contractor

ANNEXURE-IX - UNDERTAKING

This deed of undertaking executed on this helliphelliphellip day ofhelliphelliphelliptwo thousand andhelliphellip

by (name of sole proprietorpartnerdirectorauthorized representative the firm

company trust society etc)helliphelliphelliphelliphelliphelliphelliphelliphelliphellipSO helliphelliphelliphelliphelliphelliphelliphellip

residing athelliphelliphelliphelliphelliphelliphelliphelliphelliphellipOn behalf of said helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of the firm company Trust Society etc) having its office athelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

and dully authorized to sign file and verify present undertaking by the said hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of Firm company Society etc) in favour of Bharat Sanchar Nigam Ltd a

Government Of India undertaking having its registered office at Statesman

HouseB-148 Barkhamba Road New Delhi and local office at Administrative

Building Sanchar Bhawan BSNL Pilaji Ganj Mehsana-1 here in after called

BSNL (which terms shall mean and include its successors administrators heirs and

assigns Where as MS BSNL invited bids for repairing of EPBT amp CLIP instruments in Mehsana SSA

IWe participated in the bidding process and emerged as successful bidder with respect to tender No

MMTenderMehsana2016-1706 Dated 26102016

IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Acknowledge that IWe have fully under

stood and aware of the terms amp conditions of the Tendercontract and do hereby unequivocally and

unconditionally undertake and declare that

(1) IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip shall comply with all

the rulesRegulationsLawsGovernment instructionsstatus etc that are

applicable will be made applicable and or are aimed to protect the interest of

the workersemployees engaged by meus in the past and during the course of

performance of the contract with BSNL

(2) IWe shall fully protect indemnity and hold harmless BSNL and its employees

officers Directors agents judgments damages fines penalties and costs

(including legal costs and disbursements) arising from or relating to

Any breach violation of any direction order from any governmental

authority any provisions of the labour laws or any other laws status or

regulations that are or will be aimed to protect the interest of the

workersLabours engaged by the contractors in past and during the

course of this contract

OR

Any other payments claims or liability that may arise for ensuring

compliance of the provisions of any of the labour laws or any other laws

etc OR

Any other claim made by any third party in connection with any violation

of any laws guide lines instructions etc

In witness whereof this undertaking has caused on thehelliphelliphelliphelliphelliphellip

DayhelliphelliphelliphelliphellipMonth ofhelliphelliphellip Year

Date

Place

Signature

Name

Designation

Witness 1 2helliphelliphellip

45 Signature of the Contractor

ANNEXURE-X

E-Tendering Instructions to Bidders

These Special Instructions (for e-Tendering) supplement lsquoGeneral instructions to Biddersrsquo as enclosed in Section IV of this E-Tender Document Wherever there is a conflict the provisions herein shall prevail over those in other pages of this document

Submission of Bids only through online process is mandatory for this Tender

For conducting electronic tendering BSNL Mehsana is using the portal

(httpeprocurementsynisecombsnl1gujarat) of Ms Synise Technologies ltd Pune A - Submission of tender

1 The bidding process will be accepted only through e-tendering platform 2 Availability of e-tendering document e-tender document can be obtained by

downloading it from the website httpeprocurementsynisecombsnl1gujarat the

physical copy of the Tender document would not be available for sale

3 The Tender document shall not be available for download on its submissionclosing date B - General 1 Tender Bidding Methodology

Sealed Bid System ndashldquoSingle Stage using two envelopsrdquo

In this case of two envelope system Financial amp Techno-commercial bids shall be

submitted by the bidder at the same time

2 Broad outline of activities from Bidders prospective

1 Procure a Digital Signing Certificate (DSC)

2 Register on Electronic Tendering System (RETS)

3 Create Users and assign roles on ETS

4 View Notice Inviting Tender (NIT) on ETS

5 Download Official Copy of Tender Documents from ETS

6 Clarification to Tender Documents on ET Query to BSNL (Optional)

View response to queries posted by BSNL as addenda

7 Bid-Submission on ETS

8 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Techno-commercial Part

9 View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond to BSNLrsquos Post-TOE queries

10 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Financial-Part (Only for Technical Responsive Bidders)

For participating in this tender online the following instructions need to be read

carefully These instructions are supplemented with more detailed guidelines on

the relevant screens of the ETS

3 Digital Certificates

For integrity of data and its authenticity non-repudiation of electronic records and be compliant with IT Act 2000 it is necessary for each user to have a Digital Certificate (DC) also referred to as Digital Signature Certificate (DSC) of Class 2 or above issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer httpwwwccagovin]

4 Registration

To use the Electronic Tenderreg portal ( httpeprocurementsynisecombsnl1gujarat) vendor needs to register on the

46 Signature of the Contractor

portal Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e-tendering activities In ETS terminology this person will be referred to as the Super User (SU) of that organization For f u r ther details

p lease v is i t the websiteportal and follow further instructions as given on the site You may also contact tender wizard Helpdesk (as given below) to get your registration acceptedactivated Tender wizard Helpdesk

Telephone 020-30277517 020-30277522020-30277516

[between 1000 hrs to 1800 hrs on working days]

Mobile Nos Mr Hiren Pandar 7774013247 7774013248

E-mail ID helpdesksynisecom [Please mark CC

hirenpsynisecom]

BSNL Contact-1

BSNLrsquos Contact Person AGM MM Mehsana

Telephone Mobile (02762-220855222900)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID agmmmmehbsnlin

BSNL Contact-2

BSNLrsquos Contact Person SDE MM-Mehsana

Telephone Mobile (02762-221855)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID mehsdemm2bsnlin 5 Bid related Information for this Tender (Sealed Bid)

The entire bid-submission would be

online on ETS Broad outline of

submissions are as follows

Submission of digitally signed copy of Tender DocumentsAddendumaddenda

Two Envelopes

Techno-commercial -Part

Financial-Part

Note -

i) If some document is not applicable for the bidder then he has to upload

scanned copy of paper mentioning ldquoThe document ltNamegt called vide

clause helliphelliphelliphelliphelliphelliphellip is not applicable on usrdquo

ii) If document asked for contains more than one page then all those pages may be uploaded in one PDF format file

iii) Please take care to scan documents such that the total size of

documents to be uploaded remains minimum However it shall be sole

responsibility of bidder that the uploaded documents remain eligible

6 Offline Submissions

The bidder is requested to submit the following documents offline to AGM (MM) 2nd Floor Sanchar Bhawan Pilaji Ganj Mehsana-384001 on or before the date amp

time of submission of bids specified in covering letter of this tender

47 Signature of the Contractor

document in a Sealed Envelope The envelope shall bear (name of the tender) the tender number and the words lsquoDO NOT OPEN BEFORErsquo (due date amp time)

1 EMD-Bid Security in Original

2 DD Bankers cheque against payment of tender fee

3 Power of attorney (if applicable) Note The bidder has to upload the Scanned copy of all above said documents during

online Bid submission also

7 Special Note on Security of Bids

Security related functionality has been rigorously implemented in ETS in a multi-dimensional manner Starting with Acceptance of Registration by the Service Provider provision for security has been made at various stages in Electronic Tenderrsquos software Security related aspects as regard Bid Submission are outlined below

As part of the Electronic Encryptertrade functionality the contents of both the lsquoElectronic Formsrsquo and the lsquoMain-Bidrsquo are securely encrypted using a Pass-Phrase created by the Bidder himself Unlike a lsquopasswordrsquo a Pass-Phrase can be a multi-word sentence with spaces between words (eg I love this World) A Pass-Phrase is easier to remember and more difficult to break It is recommended that a separate Pass-Phrase be created for each Bid-Part This method of bid- encryption does not have the security and data-integrity related vulnerabilities which are inherent in E-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid- encryption Bid-encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE) even if there is connivance between the concerned tender- opening officers of the Buyer organization and the personnel of e-tendering service provider

Typically lsquoPass-Phrasersquo of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself when demanded by the concerned Tender Opening Officers who will open the bid Else Tender Opening Officer may authorize the bidder to open his bid himself There is an additional protection with SSL Encryption during transit from the client-end computer of a Supplier organization to the e-tendering server portal

8 Public Online Tender Opening Event (TOE)

ETS offers a unique facility for lsquoPublic Online Tender Opening Event (TOE)rsquo Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices For this purpose representatives of bidders (ie Supplier organization) dully authorized are requested to carry a Laptop and Wireless Connectivity to Internet Every legal requirement for a transparent and secure lsquoPublic Online Tender Opening Event (TOE)rsquo has been implemented on ETS As soon as a Bid is decrypted with the corresponding lsquoPass-Phrasersquo as submitted online by the bidder himself (during the TOE itself) salient points of the Bids are simultaneously made available for downloading by all participating bidders The work of taking notes during a manual lsquoTender Opening Eventrsquo is therefore replaced with this superior and convenient form of lsquoPublic Online Tender Opening Event (TOE)rsquo ETS has a unique facility of lsquoOnline Comparison Chartrsquo which is dynamically updated as each online bid is opened The format of the chart is based on inputs provided by the Buyer for each Tender The information in the Comparison Chart is based on the data submitted by the Bidders in electronic forms A detailed Technical and or Financial Comparison Chart enhances Transparency Detailed instructions are given on relevant screens

48 Signature of the Contractor

ETS has a unique facility of a detailed report titled lsquoMinutes of Online Tender Opening Event (TOE)rsquo covering all important activities of lsquoOnline Tender Opening Event (TOE)rsquo This is available to all participating bidders for lsquoViewing Downloadingrsquo

There are many more facilities and features on ETS For a particular tender the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer

NOTE In case of internet related problem at a bidderrsquos end especially during lsquocritical

eventsrsquo such as ndash a short period before bid-submission deadline during online

public tender opening event etc it is the bidderrsquos responsibility to have backup

internet connections In case there is a problem at the e- procurement

service-providerrsquos end (in the server leased line etc) due to which all the

bidders face a problem during critical events and this is brought to the notice

of BSNL by the bidders in time then BSNL will promptly re-schedule the

affected event(s)

9 Other Instructions

For further instructions the vendor should visit the home-page of the portal

( httpeprocurementsynisecombsnl1gujarat) and go to the User-Guidance Center The help information provided through lsquoETS User-Guidance Centerrsquo is available in three categories ndash

Users intending to Register First-Time Users Logged-in users of Buyer organizations and Logged-in users of Supplier organizations Various links are provided under each of the three categories Note It is strongly recommended that all authorized users of Supplier

organizations should thoroughly peruse the information provided under the

relevant links and take appropriate action This will prevent hiccups and minimize

teething problems during the use of ETS

The following lsquoFOUR KEY INSTRUCTIONS for BIDDERSrsquo must be assiduously adhered to

1 Obtain individual Digital Signing Certificate (DSC or DC) well in advance of

your first tender submission deadline on ETS

2 Register your organization on ETS well in advance of your first tender submission deadline on ETS

3 Get your organizationrsquos concerned executives trained on ETS well in advance of your first tender submission deadline on ETS

4 Submit your bids well in advance of tender submission deadline on ETS as

there could be last minute problems due to internet timeout breakdown etc

While the first three instructions mentioned above are especially relevant to first-time users of ETS the fourth instruction is relevant at all times

10 Minimum Requirements at Bidders end

Computer System with good configuration (Min P IV 1 GB RAM Windows XP)

Broadband connectivity

Microsoft Internet Explorer 60 or above

Digital Certificate(s) for users

49 Signature of the Contractor

ANNEXURE-III

RATE SHEET

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Rate should be quoted in below Rate Sheet

Sr

No

Rates Quoted By Bidder With Respect to SOR (Schedule Of Rate)

Particulars In Figure In Words

1 Above Of SOR

2 Below Of SOR

3 AT PAR

[At Same Rates of SOR]

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

Signature of the Bidder with Seal

Note

1 All faulty instruments are to be repaired except fully broken or fully burnt due to

electric hazards

2 The work may be offered to more than one contractor if required

Signature of the Tenderer with seal

Full Name _____________________

Full Address________________________

  • TABLE OF CONTENTS
    • CERTIFICATE REGARDING NEAR RLATIVES
      • LETTEROF AUTHORISATION FOR ATTENDING BID OPENING
      • Signed sealed amp Delivered by
      • Above written
        • ANNEXURE-IX - UNDERTAKING

41 Signature of the Contractor

(i) The principal will enter into agreements with identical conditions as this one with all

BiddersContractors

(ii) The Bidder(s)Contractor(s) undertake(s) to demand from all subcontractors a

commitment in conformity with this Integrity Pact

(iii) The Principal will disqualify from the tender process all bidders who do not sign this

Pact or violate its provisions

Section 7 ndash Criminal charges against violating

Bidder(s)Contractor(s)Subcontractor(s)

If the Principal obtains knowledge of conduct of a Bidder Contractor or Subcontractor or

of an employee or a representative or an associate of a Bidder Contractor or

Subcontractor which constitutes corruption or if the Principal has substantive suspicion in

this regard the Principal will inform the Corporate Vigilance Office

Section 8 ndash External Independent MonitorMonitors

1 Principal appoints competent and credible Independent External Monitor for this Pact

The task of the Monitor is to review independently and objectively whether and to what

extent the parties comply with the obligations under this agreement

2 The Monitor is not subject to instructions by the representatives of the parties and

performs his functions neutrally and independently He reports to the CMD of the BSNL

3 The Bidder(s)Contractor(s) accepts that the Monitor has the right to access without

restriction to all Project documentation of the Principal including that provided by the

Contractor The Contractor will also grant the Monitor upon his request and demonstration

of a valid interest unrestricted and unconditional access to his project documentation The

same is applicable to Subcontractors The Monitor is under contractual obligation to treat

the information and documents of the Bidder(s)Contractor(s)Subcontractor(s) with

confidentiality

Notwithstanding anything contained in this Section the Bidder(s)Contractor(s) shall have

no obligation whatsoever to provide any internal costing mechanisms or any internal

financial or commercial data pursuant to any audit or review conducted by or on behalf of

the Principal Further the Bidder(s)Contractor(s) shall not be required to provide any data

relating to its other customers or any personnel or employee related date

4 The Principal will provide to the Monitor 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 Principal and the Contractor The parties offer to the

Monitor the option to participate in such meetings

5 As soon as the Monitor notices or believes to notice a violation of this agreement he

will so inform the Management of the Principal and request the Management to

discontinue or take corrective action or to take other relevant action The monitor can in

this regard submit non-binding recommendations Beyond this the Monitor has no right to

demand from the parties that they act in a specific manner refrain from action or tolerate

action

42 Signature of the Contractor

6 The Monitor will submit a written report to the Chairperson of the Board of the Principal

within 8 to 10 weeks from the date of reference or intimation to him by the lsquoPrincipalrsquo and

should the occasion arise submit proposals for correcting problematic situations

7 If the Monitor has reported to the CMD of the BSNL a substantiated suspicion of an

offence under relevant Anti-Corruption Laws of India and the BSNL has not within

reasonable time taken visible action to proceed against such offence or reported it to the

Corporate Vigilance Office the Monitor may also transmit this information directly to the

Central Vigilance Commissioner Government of India

8 The word lsquoMonitorrsquo would include both singular and plural

Section 9 ndash Pact Duration

This Pact begins when both parties have legally signed it It expires for the Contractor 12

months after the last payment under the contract and for all other Bidders 6 months after

the contract has been awarded

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 dischargeddetermined by

CMD BSNL

Section 10 ndash Other provisions

1 This agreement is subject to Indian Law Place of performance and jurisdiction is the

Registered Office of the Principal ie New Delhi The arbitration clause provided in the

tender document contract shall not be applicable for any issue dispute arising under

Integrity Pact

2 Changes and supplements as well as termination notice need to be made in writing

3 If the Contractor is a partnership or a consortium this agreement must be signed by all

partners or consortium members

4 Should one or several provisions of this agreement turn out to be invalid the remainder

of this agreement remains valid In this case the parties will strive to come to an agreement

to their original intensions

------------------------------------ ----------------------------------

For the Principal For the BidderContractor

Placehelliphelliphelliphelliphelliphelliphelliphellip Witness 1 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphellip Witness 2 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

43 Signature of the Contractor

Anexx-VIII

AGREEMENT

This agreement made on thishelliphelliphellip day of helliphelliphellip Yearhelliphelliphelliphellip Between hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphellipHerein after called ldquo The contractorrdquo (which expression shall unless excluded by or

repugnant to the context include its successors heir executors administrative representative and

assignee) of the one part amp the BSNL (GMTD Mehsana) herein after referred to as the BSNL of

other part Tender No MMTenderMehsana2016-1706 Dated 26102016

Where as the contractor has offered to enter with the said BSNL for the contract for repairing of

EPBT amp CLIP Plan instruments amp Buttons Key in Mehsana SSA Mehsana Telecom District on

the terms and conditions herein contained and the rates approved by the BSNL (copy of rates

annexed) have been dully accepted and whereas the necessary security deposit have been furnished

in accordance with the provision of the tender documents and whereas no interest will be claimed

on the security deposit Now these presents witness and it is hereby agreed and declared by and

between the partiesrsquo presents as follows

(1) The contractor shall during the period of this contract that is to say fromhelliphelliphelliphelliphellipTo

helliphelliphelliphellip or completion of work whichever is earlier or until this contract shall be

determined by such notice as is herein after mentioned safely carried out by means of

Labours employed at his own expense and by means of tools implements of equipments

etc to be supplied by him to his Labours at his own expense all work of repairing of

EPBT amp CLIP instruments as described in tender documents (annexed to the agreement)

when the BSNL or any other person authorized by GMTD Mehsana in that behalf require it

is under stood by the contractor that the quantity of work mentioned in the schedule is

likely to change as per actual requirement as demanded by exigencies of service

(2) The Notice Inviting Tender Bid documents (qualifying and financial) letter of intent

approved rates annexed here to and such other additional particulars instructions

drawings work orders as may be found requisite to be given during execution of work

shall be deemed and taken to be an integral part of the contract and shall be deemed to be

included in the expression ldquoThe agreement) or ldquoThe Contractrdquo wherever herein used

(3) The contractor also supplies the requisite number of workmen with means and materials as

well as tools appliances vehicles for transportation cartage etc required for the proper

execution of work within the prescribed in the work orders

(4) The contractor hereby declares that no body connected with or in the employment of the

BSNL is notshall not ever be admitted as partner in the contract

(5) The contractor shall abide by the terms and conditions rules guide lines constructions

particulars safety precautions etc stipulated in the tender documents including any

correspondence between the contractor and the BSNL having bearing on execution of work

and payments of work to be done under the contract

In witness whereof the partiesrsquo presents have here in to set their representative hands and

seals the day and year in

Signed sealed amp Delivered by

The above named contractor in the presence of

Above written

Witness

(1)

(2) Signed and delivered on behalf of BSNL

Witness

(1)

(2)

44 Signature of the Contractor

ANNEXURE-IX - UNDERTAKING

This deed of undertaking executed on this helliphelliphellip day ofhelliphelliphelliptwo thousand andhelliphellip

by (name of sole proprietorpartnerdirectorauthorized representative the firm

company trust society etc)helliphelliphelliphelliphelliphelliphelliphelliphelliphellipSO helliphelliphelliphelliphelliphelliphelliphellip

residing athelliphelliphelliphelliphelliphelliphelliphelliphelliphellipOn behalf of said helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of the firm company Trust Society etc) having its office athelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

and dully authorized to sign file and verify present undertaking by the said hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of Firm company Society etc) in favour of Bharat Sanchar Nigam Ltd a

Government Of India undertaking having its registered office at Statesman

HouseB-148 Barkhamba Road New Delhi and local office at Administrative

Building Sanchar Bhawan BSNL Pilaji Ganj Mehsana-1 here in after called

BSNL (which terms shall mean and include its successors administrators heirs and

assigns Where as MS BSNL invited bids for repairing of EPBT amp CLIP instruments in Mehsana SSA

IWe participated in the bidding process and emerged as successful bidder with respect to tender No

MMTenderMehsana2016-1706 Dated 26102016

IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Acknowledge that IWe have fully under

stood and aware of the terms amp conditions of the Tendercontract and do hereby unequivocally and

unconditionally undertake and declare that

(1) IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip shall comply with all

the rulesRegulationsLawsGovernment instructionsstatus etc that are

applicable will be made applicable and or are aimed to protect the interest of

the workersemployees engaged by meus in the past and during the course of

performance of the contract with BSNL

(2) IWe shall fully protect indemnity and hold harmless BSNL and its employees

officers Directors agents judgments damages fines penalties and costs

(including legal costs and disbursements) arising from or relating to

Any breach violation of any direction order from any governmental

authority any provisions of the labour laws or any other laws status or

regulations that are or will be aimed to protect the interest of the

workersLabours engaged by the contractors in past and during the

course of this contract

OR

Any other payments claims or liability that may arise for ensuring

compliance of the provisions of any of the labour laws or any other laws

etc OR

Any other claim made by any third party in connection with any violation

of any laws guide lines instructions etc

In witness whereof this undertaking has caused on thehelliphelliphelliphelliphelliphellip

DayhelliphelliphelliphelliphellipMonth ofhelliphelliphellip Year

Date

Place

Signature

Name

Designation

Witness 1 2helliphelliphellip

45 Signature of the Contractor

ANNEXURE-X

E-Tendering Instructions to Bidders

These Special Instructions (for e-Tendering) supplement lsquoGeneral instructions to Biddersrsquo as enclosed in Section IV of this E-Tender Document Wherever there is a conflict the provisions herein shall prevail over those in other pages of this document

Submission of Bids only through online process is mandatory for this Tender

For conducting electronic tendering BSNL Mehsana is using the portal

(httpeprocurementsynisecombsnl1gujarat) of Ms Synise Technologies ltd Pune A - Submission of tender

1 The bidding process will be accepted only through e-tendering platform 2 Availability of e-tendering document e-tender document can be obtained by

downloading it from the website httpeprocurementsynisecombsnl1gujarat the

physical copy of the Tender document would not be available for sale

3 The Tender document shall not be available for download on its submissionclosing date B - General 1 Tender Bidding Methodology

Sealed Bid System ndashldquoSingle Stage using two envelopsrdquo

In this case of two envelope system Financial amp Techno-commercial bids shall be

submitted by the bidder at the same time

2 Broad outline of activities from Bidders prospective

1 Procure a Digital Signing Certificate (DSC)

2 Register on Electronic Tendering System (RETS)

3 Create Users and assign roles on ETS

4 View Notice Inviting Tender (NIT) on ETS

5 Download Official Copy of Tender Documents from ETS

6 Clarification to Tender Documents on ET Query to BSNL (Optional)

View response to queries posted by BSNL as addenda

7 Bid-Submission on ETS

8 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Techno-commercial Part

9 View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond to BSNLrsquos Post-TOE queries

10 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Financial-Part (Only for Technical Responsive Bidders)

For participating in this tender online the following instructions need to be read

carefully These instructions are supplemented with more detailed guidelines on

the relevant screens of the ETS

3 Digital Certificates

For integrity of data and its authenticity non-repudiation of electronic records and be compliant with IT Act 2000 it is necessary for each user to have a Digital Certificate (DC) also referred to as Digital Signature Certificate (DSC) of Class 2 or above issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer httpwwwccagovin]

4 Registration

To use the Electronic Tenderreg portal ( httpeprocurementsynisecombsnl1gujarat) vendor needs to register on the

46 Signature of the Contractor

portal Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e-tendering activities In ETS terminology this person will be referred to as the Super User (SU) of that organization For f u r ther details

p lease v is i t the websiteportal and follow further instructions as given on the site You may also contact tender wizard Helpdesk (as given below) to get your registration acceptedactivated Tender wizard Helpdesk

Telephone 020-30277517 020-30277522020-30277516

[between 1000 hrs to 1800 hrs on working days]

Mobile Nos Mr Hiren Pandar 7774013247 7774013248

E-mail ID helpdesksynisecom [Please mark CC

hirenpsynisecom]

BSNL Contact-1

BSNLrsquos Contact Person AGM MM Mehsana

Telephone Mobile (02762-220855222900)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID agmmmmehbsnlin

BSNL Contact-2

BSNLrsquos Contact Person SDE MM-Mehsana

Telephone Mobile (02762-221855)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID mehsdemm2bsnlin 5 Bid related Information for this Tender (Sealed Bid)

The entire bid-submission would be

online on ETS Broad outline of

submissions are as follows

Submission of digitally signed copy of Tender DocumentsAddendumaddenda

Two Envelopes

Techno-commercial -Part

Financial-Part

Note -

i) If some document is not applicable for the bidder then he has to upload

scanned copy of paper mentioning ldquoThe document ltNamegt called vide

clause helliphelliphelliphelliphelliphelliphellip is not applicable on usrdquo

ii) If document asked for contains more than one page then all those pages may be uploaded in one PDF format file

iii) Please take care to scan documents such that the total size of

documents to be uploaded remains minimum However it shall be sole

responsibility of bidder that the uploaded documents remain eligible

6 Offline Submissions

The bidder is requested to submit the following documents offline to AGM (MM) 2nd Floor Sanchar Bhawan Pilaji Ganj Mehsana-384001 on or before the date amp

time of submission of bids specified in covering letter of this tender

47 Signature of the Contractor

document in a Sealed Envelope The envelope shall bear (name of the tender) the tender number and the words lsquoDO NOT OPEN BEFORErsquo (due date amp time)

1 EMD-Bid Security in Original

2 DD Bankers cheque against payment of tender fee

3 Power of attorney (if applicable) Note The bidder has to upload the Scanned copy of all above said documents during

online Bid submission also

7 Special Note on Security of Bids

Security related functionality has been rigorously implemented in ETS in a multi-dimensional manner Starting with Acceptance of Registration by the Service Provider provision for security has been made at various stages in Electronic Tenderrsquos software Security related aspects as regard Bid Submission are outlined below

As part of the Electronic Encryptertrade functionality the contents of both the lsquoElectronic Formsrsquo and the lsquoMain-Bidrsquo are securely encrypted using a Pass-Phrase created by the Bidder himself Unlike a lsquopasswordrsquo a Pass-Phrase can be a multi-word sentence with spaces between words (eg I love this World) A Pass-Phrase is easier to remember and more difficult to break It is recommended that a separate Pass-Phrase be created for each Bid-Part This method of bid- encryption does not have the security and data-integrity related vulnerabilities which are inherent in E-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid- encryption Bid-encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE) even if there is connivance between the concerned tender- opening officers of the Buyer organization and the personnel of e-tendering service provider

Typically lsquoPass-Phrasersquo of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself when demanded by the concerned Tender Opening Officers who will open the bid Else Tender Opening Officer may authorize the bidder to open his bid himself There is an additional protection with SSL Encryption during transit from the client-end computer of a Supplier organization to the e-tendering server portal

8 Public Online Tender Opening Event (TOE)

ETS offers a unique facility for lsquoPublic Online Tender Opening Event (TOE)rsquo Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices For this purpose representatives of bidders (ie Supplier organization) dully authorized are requested to carry a Laptop and Wireless Connectivity to Internet Every legal requirement for a transparent and secure lsquoPublic Online Tender Opening Event (TOE)rsquo has been implemented on ETS As soon as a Bid is decrypted with the corresponding lsquoPass-Phrasersquo as submitted online by the bidder himself (during the TOE itself) salient points of the Bids are simultaneously made available for downloading by all participating bidders The work of taking notes during a manual lsquoTender Opening Eventrsquo is therefore replaced with this superior and convenient form of lsquoPublic Online Tender Opening Event (TOE)rsquo ETS has a unique facility of lsquoOnline Comparison Chartrsquo which is dynamically updated as each online bid is opened The format of the chart is based on inputs provided by the Buyer for each Tender The information in the Comparison Chart is based on the data submitted by the Bidders in electronic forms A detailed Technical and or Financial Comparison Chart enhances Transparency Detailed instructions are given on relevant screens

48 Signature of the Contractor

ETS has a unique facility of a detailed report titled lsquoMinutes of Online Tender Opening Event (TOE)rsquo covering all important activities of lsquoOnline Tender Opening Event (TOE)rsquo This is available to all participating bidders for lsquoViewing Downloadingrsquo

There are many more facilities and features on ETS For a particular tender the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer

NOTE In case of internet related problem at a bidderrsquos end especially during lsquocritical

eventsrsquo such as ndash a short period before bid-submission deadline during online

public tender opening event etc it is the bidderrsquos responsibility to have backup

internet connections In case there is a problem at the e- procurement

service-providerrsquos end (in the server leased line etc) due to which all the

bidders face a problem during critical events and this is brought to the notice

of BSNL by the bidders in time then BSNL will promptly re-schedule the

affected event(s)

9 Other Instructions

For further instructions the vendor should visit the home-page of the portal

( httpeprocurementsynisecombsnl1gujarat) and go to the User-Guidance Center The help information provided through lsquoETS User-Guidance Centerrsquo is available in three categories ndash

Users intending to Register First-Time Users Logged-in users of Buyer organizations and Logged-in users of Supplier organizations Various links are provided under each of the three categories Note It is strongly recommended that all authorized users of Supplier

organizations should thoroughly peruse the information provided under the

relevant links and take appropriate action This will prevent hiccups and minimize

teething problems during the use of ETS

The following lsquoFOUR KEY INSTRUCTIONS for BIDDERSrsquo must be assiduously adhered to

1 Obtain individual Digital Signing Certificate (DSC or DC) well in advance of

your first tender submission deadline on ETS

2 Register your organization on ETS well in advance of your first tender submission deadline on ETS

3 Get your organizationrsquos concerned executives trained on ETS well in advance of your first tender submission deadline on ETS

4 Submit your bids well in advance of tender submission deadline on ETS as

there could be last minute problems due to internet timeout breakdown etc

While the first three instructions mentioned above are especially relevant to first-time users of ETS the fourth instruction is relevant at all times

10 Minimum Requirements at Bidders end

Computer System with good configuration (Min P IV 1 GB RAM Windows XP)

Broadband connectivity

Microsoft Internet Explorer 60 or above

Digital Certificate(s) for users

49 Signature of the Contractor

ANNEXURE-III

RATE SHEET

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Rate should be quoted in below Rate Sheet

Sr

No

Rates Quoted By Bidder With Respect to SOR (Schedule Of Rate)

Particulars In Figure In Words

1 Above Of SOR

2 Below Of SOR

3 AT PAR

[At Same Rates of SOR]

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

Signature of the Bidder with Seal

Note

1 All faulty instruments are to be repaired except fully broken or fully burnt due to

electric hazards

2 The work may be offered to more than one contractor if required

Signature of the Tenderer with seal

Full Name _____________________

Full Address________________________

  • TABLE OF CONTENTS
    • CERTIFICATE REGARDING NEAR RLATIVES
      • LETTEROF AUTHORISATION FOR ATTENDING BID OPENING
      • Signed sealed amp Delivered by
      • Above written
        • ANNEXURE-IX - UNDERTAKING

42 Signature of the Contractor

6 The Monitor will submit a written report to the Chairperson of the Board of the Principal

within 8 to 10 weeks from the date of reference or intimation to him by the lsquoPrincipalrsquo and

should the occasion arise submit proposals for correcting problematic situations

7 If the Monitor has reported to the CMD of the BSNL a substantiated suspicion of an

offence under relevant Anti-Corruption Laws of India and the BSNL has not within

reasonable time taken visible action to proceed against such offence or reported it to the

Corporate Vigilance Office the Monitor may also transmit this information directly to the

Central Vigilance Commissioner Government of India

8 The word lsquoMonitorrsquo would include both singular and plural

Section 9 ndash Pact Duration

This Pact begins when both parties have legally signed it It expires for the Contractor 12

months after the last payment under the contract and for all other Bidders 6 months after

the contract has been awarded

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 dischargeddetermined by

CMD BSNL

Section 10 ndash Other provisions

1 This agreement is subject to Indian Law Place of performance and jurisdiction is the

Registered Office of the Principal ie New Delhi The arbitration clause provided in the

tender document contract shall not be applicable for any issue dispute arising under

Integrity Pact

2 Changes and supplements as well as termination notice need to be made in writing

3 If the Contractor is a partnership or a consortium this agreement must be signed by all

partners or consortium members

4 Should one or several provisions of this agreement turn out to be invalid the remainder

of this agreement remains valid In this case the parties will strive to come to an agreement

to their original intensions

------------------------------------ ----------------------------------

For the Principal For the BidderContractor

Placehelliphelliphelliphelliphelliphelliphelliphellip Witness 1 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphellip Witness 2 helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

43 Signature of the Contractor

Anexx-VIII

AGREEMENT

This agreement made on thishelliphelliphellip day of helliphelliphellip Yearhelliphelliphelliphellip Between hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphellipHerein after called ldquo The contractorrdquo (which expression shall unless excluded by or

repugnant to the context include its successors heir executors administrative representative and

assignee) of the one part amp the BSNL (GMTD Mehsana) herein after referred to as the BSNL of

other part Tender No MMTenderMehsana2016-1706 Dated 26102016

Where as the contractor has offered to enter with the said BSNL for the contract for repairing of

EPBT amp CLIP Plan instruments amp Buttons Key in Mehsana SSA Mehsana Telecom District on

the terms and conditions herein contained and the rates approved by the BSNL (copy of rates

annexed) have been dully accepted and whereas the necessary security deposit have been furnished

in accordance with the provision of the tender documents and whereas no interest will be claimed

on the security deposit Now these presents witness and it is hereby agreed and declared by and

between the partiesrsquo presents as follows

(1) The contractor shall during the period of this contract that is to say fromhelliphelliphelliphelliphellipTo

helliphelliphelliphellip or completion of work whichever is earlier or until this contract shall be

determined by such notice as is herein after mentioned safely carried out by means of

Labours employed at his own expense and by means of tools implements of equipments

etc to be supplied by him to his Labours at his own expense all work of repairing of

EPBT amp CLIP instruments as described in tender documents (annexed to the agreement)

when the BSNL or any other person authorized by GMTD Mehsana in that behalf require it

is under stood by the contractor that the quantity of work mentioned in the schedule is

likely to change as per actual requirement as demanded by exigencies of service

(2) The Notice Inviting Tender Bid documents (qualifying and financial) letter of intent

approved rates annexed here to and such other additional particulars instructions

drawings work orders as may be found requisite to be given during execution of work

shall be deemed and taken to be an integral part of the contract and shall be deemed to be

included in the expression ldquoThe agreement) or ldquoThe Contractrdquo wherever herein used

(3) The contractor also supplies the requisite number of workmen with means and materials as

well as tools appliances vehicles for transportation cartage etc required for the proper

execution of work within the prescribed in the work orders

(4) The contractor hereby declares that no body connected with or in the employment of the

BSNL is notshall not ever be admitted as partner in the contract

(5) The contractor shall abide by the terms and conditions rules guide lines constructions

particulars safety precautions etc stipulated in the tender documents including any

correspondence between the contractor and the BSNL having bearing on execution of work

and payments of work to be done under the contract

In witness whereof the partiesrsquo presents have here in to set their representative hands and

seals the day and year in

Signed sealed amp Delivered by

The above named contractor in the presence of

Above written

Witness

(1)

(2) Signed and delivered on behalf of BSNL

Witness

(1)

(2)

44 Signature of the Contractor

ANNEXURE-IX - UNDERTAKING

This deed of undertaking executed on this helliphelliphellip day ofhelliphelliphelliptwo thousand andhelliphellip

by (name of sole proprietorpartnerdirectorauthorized representative the firm

company trust society etc)helliphelliphelliphelliphelliphelliphelliphelliphelliphellipSO helliphelliphelliphelliphelliphelliphelliphellip

residing athelliphelliphelliphelliphelliphelliphelliphelliphelliphellipOn behalf of said helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of the firm company Trust Society etc) having its office athelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

and dully authorized to sign file and verify present undertaking by the said hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of Firm company Society etc) in favour of Bharat Sanchar Nigam Ltd a

Government Of India undertaking having its registered office at Statesman

HouseB-148 Barkhamba Road New Delhi and local office at Administrative

Building Sanchar Bhawan BSNL Pilaji Ganj Mehsana-1 here in after called

BSNL (which terms shall mean and include its successors administrators heirs and

assigns Where as MS BSNL invited bids for repairing of EPBT amp CLIP instruments in Mehsana SSA

IWe participated in the bidding process and emerged as successful bidder with respect to tender No

MMTenderMehsana2016-1706 Dated 26102016

IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Acknowledge that IWe have fully under

stood and aware of the terms amp conditions of the Tendercontract and do hereby unequivocally and

unconditionally undertake and declare that

(1) IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip shall comply with all

the rulesRegulationsLawsGovernment instructionsstatus etc that are

applicable will be made applicable and or are aimed to protect the interest of

the workersemployees engaged by meus in the past and during the course of

performance of the contract with BSNL

(2) IWe shall fully protect indemnity and hold harmless BSNL and its employees

officers Directors agents judgments damages fines penalties and costs

(including legal costs and disbursements) arising from or relating to

Any breach violation of any direction order from any governmental

authority any provisions of the labour laws or any other laws status or

regulations that are or will be aimed to protect the interest of the

workersLabours engaged by the contractors in past and during the

course of this contract

OR

Any other payments claims or liability that may arise for ensuring

compliance of the provisions of any of the labour laws or any other laws

etc OR

Any other claim made by any third party in connection with any violation

of any laws guide lines instructions etc

In witness whereof this undertaking has caused on thehelliphelliphelliphelliphelliphellip

DayhelliphelliphelliphelliphellipMonth ofhelliphelliphellip Year

Date

Place

Signature

Name

Designation

Witness 1 2helliphelliphellip

45 Signature of the Contractor

ANNEXURE-X

E-Tendering Instructions to Bidders

These Special Instructions (for e-Tendering) supplement lsquoGeneral instructions to Biddersrsquo as enclosed in Section IV of this E-Tender Document Wherever there is a conflict the provisions herein shall prevail over those in other pages of this document

Submission of Bids only through online process is mandatory for this Tender

For conducting electronic tendering BSNL Mehsana is using the portal

(httpeprocurementsynisecombsnl1gujarat) of Ms Synise Technologies ltd Pune A - Submission of tender

1 The bidding process will be accepted only through e-tendering platform 2 Availability of e-tendering document e-tender document can be obtained by

downloading it from the website httpeprocurementsynisecombsnl1gujarat the

physical copy of the Tender document would not be available for sale

3 The Tender document shall not be available for download on its submissionclosing date B - General 1 Tender Bidding Methodology

Sealed Bid System ndashldquoSingle Stage using two envelopsrdquo

In this case of two envelope system Financial amp Techno-commercial bids shall be

submitted by the bidder at the same time

2 Broad outline of activities from Bidders prospective

1 Procure a Digital Signing Certificate (DSC)

2 Register on Electronic Tendering System (RETS)

3 Create Users and assign roles on ETS

4 View Notice Inviting Tender (NIT) on ETS

5 Download Official Copy of Tender Documents from ETS

6 Clarification to Tender Documents on ET Query to BSNL (Optional)

View response to queries posted by BSNL as addenda

7 Bid-Submission on ETS

8 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Techno-commercial Part

9 View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond to BSNLrsquos Post-TOE queries

10 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Financial-Part (Only for Technical Responsive Bidders)

For participating in this tender online the following instructions need to be read

carefully These instructions are supplemented with more detailed guidelines on

the relevant screens of the ETS

3 Digital Certificates

For integrity of data and its authenticity non-repudiation of electronic records and be compliant with IT Act 2000 it is necessary for each user to have a Digital Certificate (DC) also referred to as Digital Signature Certificate (DSC) of Class 2 or above issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer httpwwwccagovin]

4 Registration

To use the Electronic Tenderreg portal ( httpeprocurementsynisecombsnl1gujarat) vendor needs to register on the

46 Signature of the Contractor

portal Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e-tendering activities In ETS terminology this person will be referred to as the Super User (SU) of that organization For f u r ther details

p lease v is i t the websiteportal and follow further instructions as given on the site You may also contact tender wizard Helpdesk (as given below) to get your registration acceptedactivated Tender wizard Helpdesk

Telephone 020-30277517 020-30277522020-30277516

[between 1000 hrs to 1800 hrs on working days]

Mobile Nos Mr Hiren Pandar 7774013247 7774013248

E-mail ID helpdesksynisecom [Please mark CC

hirenpsynisecom]

BSNL Contact-1

BSNLrsquos Contact Person AGM MM Mehsana

Telephone Mobile (02762-220855222900)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID agmmmmehbsnlin

BSNL Contact-2

BSNLrsquos Contact Person SDE MM-Mehsana

Telephone Mobile (02762-221855)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID mehsdemm2bsnlin 5 Bid related Information for this Tender (Sealed Bid)

The entire bid-submission would be

online on ETS Broad outline of

submissions are as follows

Submission of digitally signed copy of Tender DocumentsAddendumaddenda

Two Envelopes

Techno-commercial -Part

Financial-Part

Note -

i) If some document is not applicable for the bidder then he has to upload

scanned copy of paper mentioning ldquoThe document ltNamegt called vide

clause helliphelliphelliphelliphelliphelliphellip is not applicable on usrdquo

ii) If document asked for contains more than one page then all those pages may be uploaded in one PDF format file

iii) Please take care to scan documents such that the total size of

documents to be uploaded remains minimum However it shall be sole

responsibility of bidder that the uploaded documents remain eligible

6 Offline Submissions

The bidder is requested to submit the following documents offline to AGM (MM) 2nd Floor Sanchar Bhawan Pilaji Ganj Mehsana-384001 on or before the date amp

time of submission of bids specified in covering letter of this tender

47 Signature of the Contractor

document in a Sealed Envelope The envelope shall bear (name of the tender) the tender number and the words lsquoDO NOT OPEN BEFORErsquo (due date amp time)

1 EMD-Bid Security in Original

2 DD Bankers cheque against payment of tender fee

3 Power of attorney (if applicable) Note The bidder has to upload the Scanned copy of all above said documents during

online Bid submission also

7 Special Note on Security of Bids

Security related functionality has been rigorously implemented in ETS in a multi-dimensional manner Starting with Acceptance of Registration by the Service Provider provision for security has been made at various stages in Electronic Tenderrsquos software Security related aspects as regard Bid Submission are outlined below

As part of the Electronic Encryptertrade functionality the contents of both the lsquoElectronic Formsrsquo and the lsquoMain-Bidrsquo are securely encrypted using a Pass-Phrase created by the Bidder himself Unlike a lsquopasswordrsquo a Pass-Phrase can be a multi-word sentence with spaces between words (eg I love this World) A Pass-Phrase is easier to remember and more difficult to break It is recommended that a separate Pass-Phrase be created for each Bid-Part This method of bid- encryption does not have the security and data-integrity related vulnerabilities which are inherent in E-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid- encryption Bid-encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE) even if there is connivance between the concerned tender- opening officers of the Buyer organization and the personnel of e-tendering service provider

Typically lsquoPass-Phrasersquo of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself when demanded by the concerned Tender Opening Officers who will open the bid Else Tender Opening Officer may authorize the bidder to open his bid himself There is an additional protection with SSL Encryption during transit from the client-end computer of a Supplier organization to the e-tendering server portal

8 Public Online Tender Opening Event (TOE)

ETS offers a unique facility for lsquoPublic Online Tender Opening Event (TOE)rsquo Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices For this purpose representatives of bidders (ie Supplier organization) dully authorized are requested to carry a Laptop and Wireless Connectivity to Internet Every legal requirement for a transparent and secure lsquoPublic Online Tender Opening Event (TOE)rsquo has been implemented on ETS As soon as a Bid is decrypted with the corresponding lsquoPass-Phrasersquo as submitted online by the bidder himself (during the TOE itself) salient points of the Bids are simultaneously made available for downloading by all participating bidders The work of taking notes during a manual lsquoTender Opening Eventrsquo is therefore replaced with this superior and convenient form of lsquoPublic Online Tender Opening Event (TOE)rsquo ETS has a unique facility of lsquoOnline Comparison Chartrsquo which is dynamically updated as each online bid is opened The format of the chart is based on inputs provided by the Buyer for each Tender The information in the Comparison Chart is based on the data submitted by the Bidders in electronic forms A detailed Technical and or Financial Comparison Chart enhances Transparency Detailed instructions are given on relevant screens

48 Signature of the Contractor

ETS has a unique facility of a detailed report titled lsquoMinutes of Online Tender Opening Event (TOE)rsquo covering all important activities of lsquoOnline Tender Opening Event (TOE)rsquo This is available to all participating bidders for lsquoViewing Downloadingrsquo

There are many more facilities and features on ETS For a particular tender the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer

NOTE In case of internet related problem at a bidderrsquos end especially during lsquocritical

eventsrsquo such as ndash a short period before bid-submission deadline during online

public tender opening event etc it is the bidderrsquos responsibility to have backup

internet connections In case there is a problem at the e- procurement

service-providerrsquos end (in the server leased line etc) due to which all the

bidders face a problem during critical events and this is brought to the notice

of BSNL by the bidders in time then BSNL will promptly re-schedule the

affected event(s)

9 Other Instructions

For further instructions the vendor should visit the home-page of the portal

( httpeprocurementsynisecombsnl1gujarat) and go to the User-Guidance Center The help information provided through lsquoETS User-Guidance Centerrsquo is available in three categories ndash

Users intending to Register First-Time Users Logged-in users of Buyer organizations and Logged-in users of Supplier organizations Various links are provided under each of the three categories Note It is strongly recommended that all authorized users of Supplier

organizations should thoroughly peruse the information provided under the

relevant links and take appropriate action This will prevent hiccups and minimize

teething problems during the use of ETS

The following lsquoFOUR KEY INSTRUCTIONS for BIDDERSrsquo must be assiduously adhered to

1 Obtain individual Digital Signing Certificate (DSC or DC) well in advance of

your first tender submission deadline on ETS

2 Register your organization on ETS well in advance of your first tender submission deadline on ETS

3 Get your organizationrsquos concerned executives trained on ETS well in advance of your first tender submission deadline on ETS

4 Submit your bids well in advance of tender submission deadline on ETS as

there could be last minute problems due to internet timeout breakdown etc

While the first three instructions mentioned above are especially relevant to first-time users of ETS the fourth instruction is relevant at all times

10 Minimum Requirements at Bidders end

Computer System with good configuration (Min P IV 1 GB RAM Windows XP)

Broadband connectivity

Microsoft Internet Explorer 60 or above

Digital Certificate(s) for users

49 Signature of the Contractor

ANNEXURE-III

RATE SHEET

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Rate should be quoted in below Rate Sheet

Sr

No

Rates Quoted By Bidder With Respect to SOR (Schedule Of Rate)

Particulars In Figure In Words

1 Above Of SOR

2 Below Of SOR

3 AT PAR

[At Same Rates of SOR]

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

Signature of the Bidder with Seal

Note

1 All faulty instruments are to be repaired except fully broken or fully burnt due to

electric hazards

2 The work may be offered to more than one contractor if required

Signature of the Tenderer with seal

Full Name _____________________

Full Address________________________

  • TABLE OF CONTENTS
    • CERTIFICATE REGARDING NEAR RLATIVES
      • LETTEROF AUTHORISATION FOR ATTENDING BID OPENING
      • Signed sealed amp Delivered by
      • Above written
        • ANNEXURE-IX - UNDERTAKING

43 Signature of the Contractor

Anexx-VIII

AGREEMENT

This agreement made on thishelliphelliphellip day of helliphelliphellip Yearhelliphelliphelliphellip Between hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphellipHerein after called ldquo The contractorrdquo (which expression shall unless excluded by or

repugnant to the context include its successors heir executors administrative representative and

assignee) of the one part amp the BSNL (GMTD Mehsana) herein after referred to as the BSNL of

other part Tender No MMTenderMehsana2016-1706 Dated 26102016

Where as the contractor has offered to enter with the said BSNL for the contract for repairing of

EPBT amp CLIP Plan instruments amp Buttons Key in Mehsana SSA Mehsana Telecom District on

the terms and conditions herein contained and the rates approved by the BSNL (copy of rates

annexed) have been dully accepted and whereas the necessary security deposit have been furnished

in accordance with the provision of the tender documents and whereas no interest will be claimed

on the security deposit Now these presents witness and it is hereby agreed and declared by and

between the partiesrsquo presents as follows

(1) The contractor shall during the period of this contract that is to say fromhelliphelliphelliphelliphellipTo

helliphelliphelliphellip or completion of work whichever is earlier or until this contract shall be

determined by such notice as is herein after mentioned safely carried out by means of

Labours employed at his own expense and by means of tools implements of equipments

etc to be supplied by him to his Labours at his own expense all work of repairing of

EPBT amp CLIP instruments as described in tender documents (annexed to the agreement)

when the BSNL or any other person authorized by GMTD Mehsana in that behalf require it

is under stood by the contractor that the quantity of work mentioned in the schedule is

likely to change as per actual requirement as demanded by exigencies of service

(2) The Notice Inviting Tender Bid documents (qualifying and financial) letter of intent

approved rates annexed here to and such other additional particulars instructions

drawings work orders as may be found requisite to be given during execution of work

shall be deemed and taken to be an integral part of the contract and shall be deemed to be

included in the expression ldquoThe agreement) or ldquoThe Contractrdquo wherever herein used

(3) The contractor also supplies the requisite number of workmen with means and materials as

well as tools appliances vehicles for transportation cartage etc required for the proper

execution of work within the prescribed in the work orders

(4) The contractor hereby declares that no body connected with or in the employment of the

BSNL is notshall not ever be admitted as partner in the contract

(5) The contractor shall abide by the terms and conditions rules guide lines constructions

particulars safety precautions etc stipulated in the tender documents including any

correspondence between the contractor and the BSNL having bearing on execution of work

and payments of work to be done under the contract

In witness whereof the partiesrsquo presents have here in to set their representative hands and

seals the day and year in

Signed sealed amp Delivered by

The above named contractor in the presence of

Above written

Witness

(1)

(2) Signed and delivered on behalf of BSNL

Witness

(1)

(2)

44 Signature of the Contractor

ANNEXURE-IX - UNDERTAKING

This deed of undertaking executed on this helliphelliphellip day ofhelliphelliphelliptwo thousand andhelliphellip

by (name of sole proprietorpartnerdirectorauthorized representative the firm

company trust society etc)helliphelliphelliphelliphelliphelliphelliphelliphelliphellipSO helliphelliphelliphelliphelliphelliphelliphellip

residing athelliphelliphelliphelliphelliphelliphelliphelliphelliphellipOn behalf of said helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of the firm company Trust Society etc) having its office athelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

and dully authorized to sign file and verify present undertaking by the said hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of Firm company Society etc) in favour of Bharat Sanchar Nigam Ltd a

Government Of India undertaking having its registered office at Statesman

HouseB-148 Barkhamba Road New Delhi and local office at Administrative

Building Sanchar Bhawan BSNL Pilaji Ganj Mehsana-1 here in after called

BSNL (which terms shall mean and include its successors administrators heirs and

assigns Where as MS BSNL invited bids for repairing of EPBT amp CLIP instruments in Mehsana SSA

IWe participated in the bidding process and emerged as successful bidder with respect to tender No

MMTenderMehsana2016-1706 Dated 26102016

IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Acknowledge that IWe have fully under

stood and aware of the terms amp conditions of the Tendercontract and do hereby unequivocally and

unconditionally undertake and declare that

(1) IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip shall comply with all

the rulesRegulationsLawsGovernment instructionsstatus etc that are

applicable will be made applicable and or are aimed to protect the interest of

the workersemployees engaged by meus in the past and during the course of

performance of the contract with BSNL

(2) IWe shall fully protect indemnity and hold harmless BSNL and its employees

officers Directors agents judgments damages fines penalties and costs

(including legal costs and disbursements) arising from or relating to

Any breach violation of any direction order from any governmental

authority any provisions of the labour laws or any other laws status or

regulations that are or will be aimed to protect the interest of the

workersLabours engaged by the contractors in past and during the

course of this contract

OR

Any other payments claims or liability that may arise for ensuring

compliance of the provisions of any of the labour laws or any other laws

etc OR

Any other claim made by any third party in connection with any violation

of any laws guide lines instructions etc

In witness whereof this undertaking has caused on thehelliphelliphelliphelliphelliphellip

DayhelliphelliphelliphelliphellipMonth ofhelliphelliphellip Year

Date

Place

Signature

Name

Designation

Witness 1 2helliphelliphellip

45 Signature of the Contractor

ANNEXURE-X

E-Tendering Instructions to Bidders

These Special Instructions (for e-Tendering) supplement lsquoGeneral instructions to Biddersrsquo as enclosed in Section IV of this E-Tender Document Wherever there is a conflict the provisions herein shall prevail over those in other pages of this document

Submission of Bids only through online process is mandatory for this Tender

For conducting electronic tendering BSNL Mehsana is using the portal

(httpeprocurementsynisecombsnl1gujarat) of Ms Synise Technologies ltd Pune A - Submission of tender

1 The bidding process will be accepted only through e-tendering platform 2 Availability of e-tendering document e-tender document can be obtained by

downloading it from the website httpeprocurementsynisecombsnl1gujarat the

physical copy of the Tender document would not be available for sale

3 The Tender document shall not be available for download on its submissionclosing date B - General 1 Tender Bidding Methodology

Sealed Bid System ndashldquoSingle Stage using two envelopsrdquo

In this case of two envelope system Financial amp Techno-commercial bids shall be

submitted by the bidder at the same time

2 Broad outline of activities from Bidders prospective

1 Procure a Digital Signing Certificate (DSC)

2 Register on Electronic Tendering System (RETS)

3 Create Users and assign roles on ETS

4 View Notice Inviting Tender (NIT) on ETS

5 Download Official Copy of Tender Documents from ETS

6 Clarification to Tender Documents on ET Query to BSNL (Optional)

View response to queries posted by BSNL as addenda

7 Bid-Submission on ETS

8 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Techno-commercial Part

9 View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond to BSNLrsquos Post-TOE queries

10 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Financial-Part (Only for Technical Responsive Bidders)

For participating in this tender online the following instructions need to be read

carefully These instructions are supplemented with more detailed guidelines on

the relevant screens of the ETS

3 Digital Certificates

For integrity of data and its authenticity non-repudiation of electronic records and be compliant with IT Act 2000 it is necessary for each user to have a Digital Certificate (DC) also referred to as Digital Signature Certificate (DSC) of Class 2 or above issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer httpwwwccagovin]

4 Registration

To use the Electronic Tenderreg portal ( httpeprocurementsynisecombsnl1gujarat) vendor needs to register on the

46 Signature of the Contractor

portal Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e-tendering activities In ETS terminology this person will be referred to as the Super User (SU) of that organization For f u r ther details

p lease v is i t the websiteportal and follow further instructions as given on the site You may also contact tender wizard Helpdesk (as given below) to get your registration acceptedactivated Tender wizard Helpdesk

Telephone 020-30277517 020-30277522020-30277516

[between 1000 hrs to 1800 hrs on working days]

Mobile Nos Mr Hiren Pandar 7774013247 7774013248

E-mail ID helpdesksynisecom [Please mark CC

hirenpsynisecom]

BSNL Contact-1

BSNLrsquos Contact Person AGM MM Mehsana

Telephone Mobile (02762-220855222900)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID agmmmmehbsnlin

BSNL Contact-2

BSNLrsquos Contact Person SDE MM-Mehsana

Telephone Mobile (02762-221855)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID mehsdemm2bsnlin 5 Bid related Information for this Tender (Sealed Bid)

The entire bid-submission would be

online on ETS Broad outline of

submissions are as follows

Submission of digitally signed copy of Tender DocumentsAddendumaddenda

Two Envelopes

Techno-commercial -Part

Financial-Part

Note -

i) If some document is not applicable for the bidder then he has to upload

scanned copy of paper mentioning ldquoThe document ltNamegt called vide

clause helliphelliphelliphelliphelliphelliphellip is not applicable on usrdquo

ii) If document asked for contains more than one page then all those pages may be uploaded in one PDF format file

iii) Please take care to scan documents such that the total size of

documents to be uploaded remains minimum However it shall be sole

responsibility of bidder that the uploaded documents remain eligible

6 Offline Submissions

The bidder is requested to submit the following documents offline to AGM (MM) 2nd Floor Sanchar Bhawan Pilaji Ganj Mehsana-384001 on or before the date amp

time of submission of bids specified in covering letter of this tender

47 Signature of the Contractor

document in a Sealed Envelope The envelope shall bear (name of the tender) the tender number and the words lsquoDO NOT OPEN BEFORErsquo (due date amp time)

1 EMD-Bid Security in Original

2 DD Bankers cheque against payment of tender fee

3 Power of attorney (if applicable) Note The bidder has to upload the Scanned copy of all above said documents during

online Bid submission also

7 Special Note on Security of Bids

Security related functionality has been rigorously implemented in ETS in a multi-dimensional manner Starting with Acceptance of Registration by the Service Provider provision for security has been made at various stages in Electronic Tenderrsquos software Security related aspects as regard Bid Submission are outlined below

As part of the Electronic Encryptertrade functionality the contents of both the lsquoElectronic Formsrsquo and the lsquoMain-Bidrsquo are securely encrypted using a Pass-Phrase created by the Bidder himself Unlike a lsquopasswordrsquo a Pass-Phrase can be a multi-word sentence with spaces between words (eg I love this World) A Pass-Phrase is easier to remember and more difficult to break It is recommended that a separate Pass-Phrase be created for each Bid-Part This method of bid- encryption does not have the security and data-integrity related vulnerabilities which are inherent in E-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid- encryption Bid-encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE) even if there is connivance between the concerned tender- opening officers of the Buyer organization and the personnel of e-tendering service provider

Typically lsquoPass-Phrasersquo of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself when demanded by the concerned Tender Opening Officers who will open the bid Else Tender Opening Officer may authorize the bidder to open his bid himself There is an additional protection with SSL Encryption during transit from the client-end computer of a Supplier organization to the e-tendering server portal

8 Public Online Tender Opening Event (TOE)

ETS offers a unique facility for lsquoPublic Online Tender Opening Event (TOE)rsquo Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices For this purpose representatives of bidders (ie Supplier organization) dully authorized are requested to carry a Laptop and Wireless Connectivity to Internet Every legal requirement for a transparent and secure lsquoPublic Online Tender Opening Event (TOE)rsquo has been implemented on ETS As soon as a Bid is decrypted with the corresponding lsquoPass-Phrasersquo as submitted online by the bidder himself (during the TOE itself) salient points of the Bids are simultaneously made available for downloading by all participating bidders The work of taking notes during a manual lsquoTender Opening Eventrsquo is therefore replaced with this superior and convenient form of lsquoPublic Online Tender Opening Event (TOE)rsquo ETS has a unique facility of lsquoOnline Comparison Chartrsquo which is dynamically updated as each online bid is opened The format of the chart is based on inputs provided by the Buyer for each Tender The information in the Comparison Chart is based on the data submitted by the Bidders in electronic forms A detailed Technical and or Financial Comparison Chart enhances Transparency Detailed instructions are given on relevant screens

48 Signature of the Contractor

ETS has a unique facility of a detailed report titled lsquoMinutes of Online Tender Opening Event (TOE)rsquo covering all important activities of lsquoOnline Tender Opening Event (TOE)rsquo This is available to all participating bidders for lsquoViewing Downloadingrsquo

There are many more facilities and features on ETS For a particular tender the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer

NOTE In case of internet related problem at a bidderrsquos end especially during lsquocritical

eventsrsquo such as ndash a short period before bid-submission deadline during online

public tender opening event etc it is the bidderrsquos responsibility to have backup

internet connections In case there is a problem at the e- procurement

service-providerrsquos end (in the server leased line etc) due to which all the

bidders face a problem during critical events and this is brought to the notice

of BSNL by the bidders in time then BSNL will promptly re-schedule the

affected event(s)

9 Other Instructions

For further instructions the vendor should visit the home-page of the portal

( httpeprocurementsynisecombsnl1gujarat) and go to the User-Guidance Center The help information provided through lsquoETS User-Guidance Centerrsquo is available in three categories ndash

Users intending to Register First-Time Users Logged-in users of Buyer organizations and Logged-in users of Supplier organizations Various links are provided under each of the three categories Note It is strongly recommended that all authorized users of Supplier

organizations should thoroughly peruse the information provided under the

relevant links and take appropriate action This will prevent hiccups and minimize

teething problems during the use of ETS

The following lsquoFOUR KEY INSTRUCTIONS for BIDDERSrsquo must be assiduously adhered to

1 Obtain individual Digital Signing Certificate (DSC or DC) well in advance of

your first tender submission deadline on ETS

2 Register your organization on ETS well in advance of your first tender submission deadline on ETS

3 Get your organizationrsquos concerned executives trained on ETS well in advance of your first tender submission deadline on ETS

4 Submit your bids well in advance of tender submission deadline on ETS as

there could be last minute problems due to internet timeout breakdown etc

While the first three instructions mentioned above are especially relevant to first-time users of ETS the fourth instruction is relevant at all times

10 Minimum Requirements at Bidders end

Computer System with good configuration (Min P IV 1 GB RAM Windows XP)

Broadband connectivity

Microsoft Internet Explorer 60 or above

Digital Certificate(s) for users

49 Signature of the Contractor

ANNEXURE-III

RATE SHEET

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Rate should be quoted in below Rate Sheet

Sr

No

Rates Quoted By Bidder With Respect to SOR (Schedule Of Rate)

Particulars In Figure In Words

1 Above Of SOR

2 Below Of SOR

3 AT PAR

[At Same Rates of SOR]

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

Signature of the Bidder with Seal

Note

1 All faulty instruments are to be repaired except fully broken or fully burnt due to

electric hazards

2 The work may be offered to more than one contractor if required

Signature of the Tenderer with seal

Full Name _____________________

Full Address________________________

  • TABLE OF CONTENTS
    • CERTIFICATE REGARDING NEAR RLATIVES
      • LETTEROF AUTHORISATION FOR ATTENDING BID OPENING
      • Signed sealed amp Delivered by
      • Above written
        • ANNEXURE-IX - UNDERTAKING

44 Signature of the Contractor

ANNEXURE-IX - UNDERTAKING

This deed of undertaking executed on this helliphelliphellip day ofhelliphelliphelliptwo thousand andhelliphellip

by (name of sole proprietorpartnerdirectorauthorized representative the firm

company trust society etc)helliphelliphelliphelliphelliphelliphelliphelliphelliphellipSO helliphelliphelliphelliphelliphelliphelliphellip

residing athelliphelliphelliphelliphelliphelliphelliphelliphelliphellipOn behalf of said helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of the firm company Trust Society etc) having its office athelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

and dully authorized to sign file and verify present undertaking by the said hellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name of Firm company Society etc) in favour of Bharat Sanchar Nigam Ltd a

Government Of India undertaking having its registered office at Statesman

HouseB-148 Barkhamba Road New Delhi and local office at Administrative

Building Sanchar Bhawan BSNL Pilaji Ganj Mehsana-1 here in after called

BSNL (which terms shall mean and include its successors administrators heirs and

assigns Where as MS BSNL invited bids for repairing of EPBT amp CLIP instruments in Mehsana SSA

IWe participated in the bidding process and emerged as successful bidder with respect to tender No

MMTenderMehsana2016-1706 Dated 26102016

IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Acknowledge that IWe have fully under

stood and aware of the terms amp conditions of the Tendercontract and do hereby unequivocally and

unconditionally undertake and declare that

(1) IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip shall comply with all

the rulesRegulationsLawsGovernment instructionsstatus etc that are

applicable will be made applicable and or are aimed to protect the interest of

the workersemployees engaged by meus in the past and during the course of

performance of the contract with BSNL

(2) IWe shall fully protect indemnity and hold harmless BSNL and its employees

officers Directors agents judgments damages fines penalties and costs

(including legal costs and disbursements) arising from or relating to

Any breach violation of any direction order from any governmental

authority any provisions of the labour laws or any other laws status or

regulations that are or will be aimed to protect the interest of the

workersLabours engaged by the contractors in past and during the

course of this contract

OR

Any other payments claims or liability that may arise for ensuring

compliance of the provisions of any of the labour laws or any other laws

etc OR

Any other claim made by any third party in connection with any violation

of any laws guide lines instructions etc

In witness whereof this undertaking has caused on thehelliphelliphelliphelliphelliphellip

DayhelliphelliphelliphelliphellipMonth ofhelliphelliphellip Year

Date

Place

Signature

Name

Designation

Witness 1 2helliphelliphellip

45 Signature of the Contractor

ANNEXURE-X

E-Tendering Instructions to Bidders

These Special Instructions (for e-Tendering) supplement lsquoGeneral instructions to Biddersrsquo as enclosed in Section IV of this E-Tender Document Wherever there is a conflict the provisions herein shall prevail over those in other pages of this document

Submission of Bids only through online process is mandatory for this Tender

For conducting electronic tendering BSNL Mehsana is using the portal

(httpeprocurementsynisecombsnl1gujarat) of Ms Synise Technologies ltd Pune A - Submission of tender

1 The bidding process will be accepted only through e-tendering platform 2 Availability of e-tendering document e-tender document can be obtained by

downloading it from the website httpeprocurementsynisecombsnl1gujarat the

physical copy of the Tender document would not be available for sale

3 The Tender document shall not be available for download on its submissionclosing date B - General 1 Tender Bidding Methodology

Sealed Bid System ndashldquoSingle Stage using two envelopsrdquo

In this case of two envelope system Financial amp Techno-commercial bids shall be

submitted by the bidder at the same time

2 Broad outline of activities from Bidders prospective

1 Procure a Digital Signing Certificate (DSC)

2 Register on Electronic Tendering System (RETS)

3 Create Users and assign roles on ETS

4 View Notice Inviting Tender (NIT) on ETS

5 Download Official Copy of Tender Documents from ETS

6 Clarification to Tender Documents on ET Query to BSNL (Optional)

View response to queries posted by BSNL as addenda

7 Bid-Submission on ETS

8 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Techno-commercial Part

9 View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond to BSNLrsquos Post-TOE queries

10 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Financial-Part (Only for Technical Responsive Bidders)

For participating in this tender online the following instructions need to be read

carefully These instructions are supplemented with more detailed guidelines on

the relevant screens of the ETS

3 Digital Certificates

For integrity of data and its authenticity non-repudiation of electronic records and be compliant with IT Act 2000 it is necessary for each user to have a Digital Certificate (DC) also referred to as Digital Signature Certificate (DSC) of Class 2 or above issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer httpwwwccagovin]

4 Registration

To use the Electronic Tenderreg portal ( httpeprocurementsynisecombsnl1gujarat) vendor needs to register on the

46 Signature of the Contractor

portal Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e-tendering activities In ETS terminology this person will be referred to as the Super User (SU) of that organization For f u r ther details

p lease v is i t the websiteportal and follow further instructions as given on the site You may also contact tender wizard Helpdesk (as given below) to get your registration acceptedactivated Tender wizard Helpdesk

Telephone 020-30277517 020-30277522020-30277516

[between 1000 hrs to 1800 hrs on working days]

Mobile Nos Mr Hiren Pandar 7774013247 7774013248

E-mail ID helpdesksynisecom [Please mark CC

hirenpsynisecom]

BSNL Contact-1

BSNLrsquos Contact Person AGM MM Mehsana

Telephone Mobile (02762-220855222900)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID agmmmmehbsnlin

BSNL Contact-2

BSNLrsquos Contact Person SDE MM-Mehsana

Telephone Mobile (02762-221855)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID mehsdemm2bsnlin 5 Bid related Information for this Tender (Sealed Bid)

The entire bid-submission would be

online on ETS Broad outline of

submissions are as follows

Submission of digitally signed copy of Tender DocumentsAddendumaddenda

Two Envelopes

Techno-commercial -Part

Financial-Part

Note -

i) If some document is not applicable for the bidder then he has to upload

scanned copy of paper mentioning ldquoThe document ltNamegt called vide

clause helliphelliphelliphelliphelliphelliphellip is not applicable on usrdquo

ii) If document asked for contains more than one page then all those pages may be uploaded in one PDF format file

iii) Please take care to scan documents such that the total size of

documents to be uploaded remains minimum However it shall be sole

responsibility of bidder that the uploaded documents remain eligible

6 Offline Submissions

The bidder is requested to submit the following documents offline to AGM (MM) 2nd Floor Sanchar Bhawan Pilaji Ganj Mehsana-384001 on or before the date amp

time of submission of bids specified in covering letter of this tender

47 Signature of the Contractor

document in a Sealed Envelope The envelope shall bear (name of the tender) the tender number and the words lsquoDO NOT OPEN BEFORErsquo (due date amp time)

1 EMD-Bid Security in Original

2 DD Bankers cheque against payment of tender fee

3 Power of attorney (if applicable) Note The bidder has to upload the Scanned copy of all above said documents during

online Bid submission also

7 Special Note on Security of Bids

Security related functionality has been rigorously implemented in ETS in a multi-dimensional manner Starting with Acceptance of Registration by the Service Provider provision for security has been made at various stages in Electronic Tenderrsquos software Security related aspects as regard Bid Submission are outlined below

As part of the Electronic Encryptertrade functionality the contents of both the lsquoElectronic Formsrsquo and the lsquoMain-Bidrsquo are securely encrypted using a Pass-Phrase created by the Bidder himself Unlike a lsquopasswordrsquo a Pass-Phrase can be a multi-word sentence with spaces between words (eg I love this World) A Pass-Phrase is easier to remember and more difficult to break It is recommended that a separate Pass-Phrase be created for each Bid-Part This method of bid- encryption does not have the security and data-integrity related vulnerabilities which are inherent in E-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid- encryption Bid-encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE) even if there is connivance between the concerned tender- opening officers of the Buyer organization and the personnel of e-tendering service provider

Typically lsquoPass-Phrasersquo of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself when demanded by the concerned Tender Opening Officers who will open the bid Else Tender Opening Officer may authorize the bidder to open his bid himself There is an additional protection with SSL Encryption during transit from the client-end computer of a Supplier organization to the e-tendering server portal

8 Public Online Tender Opening Event (TOE)

ETS offers a unique facility for lsquoPublic Online Tender Opening Event (TOE)rsquo Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices For this purpose representatives of bidders (ie Supplier organization) dully authorized are requested to carry a Laptop and Wireless Connectivity to Internet Every legal requirement for a transparent and secure lsquoPublic Online Tender Opening Event (TOE)rsquo has been implemented on ETS As soon as a Bid is decrypted with the corresponding lsquoPass-Phrasersquo as submitted online by the bidder himself (during the TOE itself) salient points of the Bids are simultaneously made available for downloading by all participating bidders The work of taking notes during a manual lsquoTender Opening Eventrsquo is therefore replaced with this superior and convenient form of lsquoPublic Online Tender Opening Event (TOE)rsquo ETS has a unique facility of lsquoOnline Comparison Chartrsquo which is dynamically updated as each online bid is opened The format of the chart is based on inputs provided by the Buyer for each Tender The information in the Comparison Chart is based on the data submitted by the Bidders in electronic forms A detailed Technical and or Financial Comparison Chart enhances Transparency Detailed instructions are given on relevant screens

48 Signature of the Contractor

ETS has a unique facility of a detailed report titled lsquoMinutes of Online Tender Opening Event (TOE)rsquo covering all important activities of lsquoOnline Tender Opening Event (TOE)rsquo This is available to all participating bidders for lsquoViewing Downloadingrsquo

There are many more facilities and features on ETS For a particular tender the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer

NOTE In case of internet related problem at a bidderrsquos end especially during lsquocritical

eventsrsquo such as ndash a short period before bid-submission deadline during online

public tender opening event etc it is the bidderrsquos responsibility to have backup

internet connections In case there is a problem at the e- procurement

service-providerrsquos end (in the server leased line etc) due to which all the

bidders face a problem during critical events and this is brought to the notice

of BSNL by the bidders in time then BSNL will promptly re-schedule the

affected event(s)

9 Other Instructions

For further instructions the vendor should visit the home-page of the portal

( httpeprocurementsynisecombsnl1gujarat) and go to the User-Guidance Center The help information provided through lsquoETS User-Guidance Centerrsquo is available in three categories ndash

Users intending to Register First-Time Users Logged-in users of Buyer organizations and Logged-in users of Supplier organizations Various links are provided under each of the three categories Note It is strongly recommended that all authorized users of Supplier

organizations should thoroughly peruse the information provided under the

relevant links and take appropriate action This will prevent hiccups and minimize

teething problems during the use of ETS

The following lsquoFOUR KEY INSTRUCTIONS for BIDDERSrsquo must be assiduously adhered to

1 Obtain individual Digital Signing Certificate (DSC or DC) well in advance of

your first tender submission deadline on ETS

2 Register your organization on ETS well in advance of your first tender submission deadline on ETS

3 Get your organizationrsquos concerned executives trained on ETS well in advance of your first tender submission deadline on ETS

4 Submit your bids well in advance of tender submission deadline on ETS as

there could be last minute problems due to internet timeout breakdown etc

While the first three instructions mentioned above are especially relevant to first-time users of ETS the fourth instruction is relevant at all times

10 Minimum Requirements at Bidders end

Computer System with good configuration (Min P IV 1 GB RAM Windows XP)

Broadband connectivity

Microsoft Internet Explorer 60 or above

Digital Certificate(s) for users

49 Signature of the Contractor

ANNEXURE-III

RATE SHEET

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Rate should be quoted in below Rate Sheet

Sr

No

Rates Quoted By Bidder With Respect to SOR (Schedule Of Rate)

Particulars In Figure In Words

1 Above Of SOR

2 Below Of SOR

3 AT PAR

[At Same Rates of SOR]

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

Signature of the Bidder with Seal

Note

1 All faulty instruments are to be repaired except fully broken or fully burnt due to

electric hazards

2 The work may be offered to more than one contractor if required

Signature of the Tenderer with seal

Full Name _____________________

Full Address________________________

  • TABLE OF CONTENTS
    • CERTIFICATE REGARDING NEAR RLATIVES
      • LETTEROF AUTHORISATION FOR ATTENDING BID OPENING
      • Signed sealed amp Delivered by
      • Above written
        • ANNEXURE-IX - UNDERTAKING

45 Signature of the Contractor

ANNEXURE-X

E-Tendering Instructions to Bidders

These Special Instructions (for e-Tendering) supplement lsquoGeneral instructions to Biddersrsquo as enclosed in Section IV of this E-Tender Document Wherever there is a conflict the provisions herein shall prevail over those in other pages of this document

Submission of Bids only through online process is mandatory for this Tender

For conducting electronic tendering BSNL Mehsana is using the portal

(httpeprocurementsynisecombsnl1gujarat) of Ms Synise Technologies ltd Pune A - Submission of tender

1 The bidding process will be accepted only through e-tendering platform 2 Availability of e-tendering document e-tender document can be obtained by

downloading it from the website httpeprocurementsynisecombsnl1gujarat the

physical copy of the Tender document would not be available for sale

3 The Tender document shall not be available for download on its submissionclosing date B - General 1 Tender Bidding Methodology

Sealed Bid System ndashldquoSingle Stage using two envelopsrdquo

In this case of two envelope system Financial amp Techno-commercial bids shall be

submitted by the bidder at the same time

2 Broad outline of activities from Bidders prospective

1 Procure a Digital Signing Certificate (DSC)

2 Register on Electronic Tendering System (RETS)

3 Create Users and assign roles on ETS

4 View Notice Inviting Tender (NIT) on ETS

5 Download Official Copy of Tender Documents from ETS

6 Clarification to Tender Documents on ET Query to BSNL (Optional)

View response to queries posted by BSNL as addenda

7 Bid-Submission on ETS

8 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Techno-commercial Part

9 View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond to BSNLrsquos Post-TOE queries

10 Attend Public Online Tender Opening Event (TOE) on ETS Opening of Financial-Part (Only for Technical Responsive Bidders)

For participating in this tender online the following instructions need to be read

carefully These instructions are supplemented with more detailed guidelines on

the relevant screens of the ETS

3 Digital Certificates

For integrity of data and its authenticity non-repudiation of electronic records and be compliant with IT Act 2000 it is necessary for each user to have a Digital Certificate (DC) also referred to as Digital Signature Certificate (DSC) of Class 2 or above issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer httpwwwccagovin]

4 Registration

To use the Electronic Tenderreg portal ( httpeprocurementsynisecombsnl1gujarat) vendor needs to register on the

46 Signature of the Contractor

portal Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e-tendering activities In ETS terminology this person will be referred to as the Super User (SU) of that organization For f u r ther details

p lease v is i t the websiteportal and follow further instructions as given on the site You may also contact tender wizard Helpdesk (as given below) to get your registration acceptedactivated Tender wizard Helpdesk

Telephone 020-30277517 020-30277522020-30277516

[between 1000 hrs to 1800 hrs on working days]

Mobile Nos Mr Hiren Pandar 7774013247 7774013248

E-mail ID helpdesksynisecom [Please mark CC

hirenpsynisecom]

BSNL Contact-1

BSNLrsquos Contact Person AGM MM Mehsana

Telephone Mobile (02762-220855222900)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID agmmmmehbsnlin

BSNL Contact-2

BSNLrsquos Contact Person SDE MM-Mehsana

Telephone Mobile (02762-221855)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID mehsdemm2bsnlin 5 Bid related Information for this Tender (Sealed Bid)

The entire bid-submission would be

online on ETS Broad outline of

submissions are as follows

Submission of digitally signed copy of Tender DocumentsAddendumaddenda

Two Envelopes

Techno-commercial -Part

Financial-Part

Note -

i) If some document is not applicable for the bidder then he has to upload

scanned copy of paper mentioning ldquoThe document ltNamegt called vide

clause helliphelliphelliphelliphelliphelliphellip is not applicable on usrdquo

ii) If document asked for contains more than one page then all those pages may be uploaded in one PDF format file

iii) Please take care to scan documents such that the total size of

documents to be uploaded remains minimum However it shall be sole

responsibility of bidder that the uploaded documents remain eligible

6 Offline Submissions

The bidder is requested to submit the following documents offline to AGM (MM) 2nd Floor Sanchar Bhawan Pilaji Ganj Mehsana-384001 on or before the date amp

time of submission of bids specified in covering letter of this tender

47 Signature of the Contractor

document in a Sealed Envelope The envelope shall bear (name of the tender) the tender number and the words lsquoDO NOT OPEN BEFORErsquo (due date amp time)

1 EMD-Bid Security in Original

2 DD Bankers cheque against payment of tender fee

3 Power of attorney (if applicable) Note The bidder has to upload the Scanned copy of all above said documents during

online Bid submission also

7 Special Note on Security of Bids

Security related functionality has been rigorously implemented in ETS in a multi-dimensional manner Starting with Acceptance of Registration by the Service Provider provision for security has been made at various stages in Electronic Tenderrsquos software Security related aspects as regard Bid Submission are outlined below

As part of the Electronic Encryptertrade functionality the contents of both the lsquoElectronic Formsrsquo and the lsquoMain-Bidrsquo are securely encrypted using a Pass-Phrase created by the Bidder himself Unlike a lsquopasswordrsquo a Pass-Phrase can be a multi-word sentence with spaces between words (eg I love this World) A Pass-Phrase is easier to remember and more difficult to break It is recommended that a separate Pass-Phrase be created for each Bid-Part This method of bid- encryption does not have the security and data-integrity related vulnerabilities which are inherent in E-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid- encryption Bid-encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE) even if there is connivance between the concerned tender- opening officers of the Buyer organization and the personnel of e-tendering service provider

Typically lsquoPass-Phrasersquo of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself when demanded by the concerned Tender Opening Officers who will open the bid Else Tender Opening Officer may authorize the bidder to open his bid himself There is an additional protection with SSL Encryption during transit from the client-end computer of a Supplier organization to the e-tendering server portal

8 Public Online Tender Opening Event (TOE)

ETS offers a unique facility for lsquoPublic Online Tender Opening Event (TOE)rsquo Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices For this purpose representatives of bidders (ie Supplier organization) dully authorized are requested to carry a Laptop and Wireless Connectivity to Internet Every legal requirement for a transparent and secure lsquoPublic Online Tender Opening Event (TOE)rsquo has been implemented on ETS As soon as a Bid is decrypted with the corresponding lsquoPass-Phrasersquo as submitted online by the bidder himself (during the TOE itself) salient points of the Bids are simultaneously made available for downloading by all participating bidders The work of taking notes during a manual lsquoTender Opening Eventrsquo is therefore replaced with this superior and convenient form of lsquoPublic Online Tender Opening Event (TOE)rsquo ETS has a unique facility of lsquoOnline Comparison Chartrsquo which is dynamically updated as each online bid is opened The format of the chart is based on inputs provided by the Buyer for each Tender The information in the Comparison Chart is based on the data submitted by the Bidders in electronic forms A detailed Technical and or Financial Comparison Chart enhances Transparency Detailed instructions are given on relevant screens

48 Signature of the Contractor

ETS has a unique facility of a detailed report titled lsquoMinutes of Online Tender Opening Event (TOE)rsquo covering all important activities of lsquoOnline Tender Opening Event (TOE)rsquo This is available to all participating bidders for lsquoViewing Downloadingrsquo

There are many more facilities and features on ETS For a particular tender the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer

NOTE In case of internet related problem at a bidderrsquos end especially during lsquocritical

eventsrsquo such as ndash a short period before bid-submission deadline during online

public tender opening event etc it is the bidderrsquos responsibility to have backup

internet connections In case there is a problem at the e- procurement

service-providerrsquos end (in the server leased line etc) due to which all the

bidders face a problem during critical events and this is brought to the notice

of BSNL by the bidders in time then BSNL will promptly re-schedule the

affected event(s)

9 Other Instructions

For further instructions the vendor should visit the home-page of the portal

( httpeprocurementsynisecombsnl1gujarat) and go to the User-Guidance Center The help information provided through lsquoETS User-Guidance Centerrsquo is available in three categories ndash

Users intending to Register First-Time Users Logged-in users of Buyer organizations and Logged-in users of Supplier organizations Various links are provided under each of the three categories Note It is strongly recommended that all authorized users of Supplier

organizations should thoroughly peruse the information provided under the

relevant links and take appropriate action This will prevent hiccups and minimize

teething problems during the use of ETS

The following lsquoFOUR KEY INSTRUCTIONS for BIDDERSrsquo must be assiduously adhered to

1 Obtain individual Digital Signing Certificate (DSC or DC) well in advance of

your first tender submission deadline on ETS

2 Register your organization on ETS well in advance of your first tender submission deadline on ETS

3 Get your organizationrsquos concerned executives trained on ETS well in advance of your first tender submission deadline on ETS

4 Submit your bids well in advance of tender submission deadline on ETS as

there could be last minute problems due to internet timeout breakdown etc

While the first three instructions mentioned above are especially relevant to first-time users of ETS the fourth instruction is relevant at all times

10 Minimum Requirements at Bidders end

Computer System with good configuration (Min P IV 1 GB RAM Windows XP)

Broadband connectivity

Microsoft Internet Explorer 60 or above

Digital Certificate(s) for users

49 Signature of the Contractor

ANNEXURE-III

RATE SHEET

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Rate should be quoted in below Rate Sheet

Sr

No

Rates Quoted By Bidder With Respect to SOR (Schedule Of Rate)

Particulars In Figure In Words

1 Above Of SOR

2 Below Of SOR

3 AT PAR

[At Same Rates of SOR]

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

Signature of the Bidder with Seal

Note

1 All faulty instruments are to be repaired except fully broken or fully burnt due to

electric hazards

2 The work may be offered to more than one contractor if required

Signature of the Tenderer with seal

Full Name _____________________

Full Address________________________

  • TABLE OF CONTENTS
    • CERTIFICATE REGARDING NEAR RLATIVES
      • LETTEROF AUTHORISATION FOR ATTENDING BID OPENING
      • Signed sealed amp Delivered by
      • Above written
        • ANNEXURE-IX - UNDERTAKING

46 Signature of the Contractor

portal Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e-tendering activities In ETS terminology this person will be referred to as the Super User (SU) of that organization For f u r ther details

p lease v is i t the websiteportal and follow further instructions as given on the site You may also contact tender wizard Helpdesk (as given below) to get your registration acceptedactivated Tender wizard Helpdesk

Telephone 020-30277517 020-30277522020-30277516

[between 1000 hrs to 1800 hrs on working days]

Mobile Nos Mr Hiren Pandar 7774013247 7774013248

E-mail ID helpdesksynisecom [Please mark CC

hirenpsynisecom]

BSNL Contact-1

BSNLrsquos Contact Person AGM MM Mehsana

Telephone Mobile (02762-220855222900)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID agmmmmehbsnlin

BSNL Contact-2

BSNLrsquos Contact Person SDE MM-Mehsana

Telephone Mobile (02762-221855)

[between 1030 hrs to 1730 hrs on working days]

E-mail ID mehsdemm2bsnlin 5 Bid related Information for this Tender (Sealed Bid)

The entire bid-submission would be

online on ETS Broad outline of

submissions are as follows

Submission of digitally signed copy of Tender DocumentsAddendumaddenda

Two Envelopes

Techno-commercial -Part

Financial-Part

Note -

i) If some document is not applicable for the bidder then he has to upload

scanned copy of paper mentioning ldquoThe document ltNamegt called vide

clause helliphelliphelliphelliphelliphelliphellip is not applicable on usrdquo

ii) If document asked for contains more than one page then all those pages may be uploaded in one PDF format file

iii) Please take care to scan documents such that the total size of

documents to be uploaded remains minimum However it shall be sole

responsibility of bidder that the uploaded documents remain eligible

6 Offline Submissions

The bidder is requested to submit the following documents offline to AGM (MM) 2nd Floor Sanchar Bhawan Pilaji Ganj Mehsana-384001 on or before the date amp

time of submission of bids specified in covering letter of this tender

47 Signature of the Contractor

document in a Sealed Envelope The envelope shall bear (name of the tender) the tender number and the words lsquoDO NOT OPEN BEFORErsquo (due date amp time)

1 EMD-Bid Security in Original

2 DD Bankers cheque against payment of tender fee

3 Power of attorney (if applicable) Note The bidder has to upload the Scanned copy of all above said documents during

online Bid submission also

7 Special Note on Security of Bids

Security related functionality has been rigorously implemented in ETS in a multi-dimensional manner Starting with Acceptance of Registration by the Service Provider provision for security has been made at various stages in Electronic Tenderrsquos software Security related aspects as regard Bid Submission are outlined below

As part of the Electronic Encryptertrade functionality the contents of both the lsquoElectronic Formsrsquo and the lsquoMain-Bidrsquo are securely encrypted using a Pass-Phrase created by the Bidder himself Unlike a lsquopasswordrsquo a Pass-Phrase can be a multi-word sentence with spaces between words (eg I love this World) A Pass-Phrase is easier to remember and more difficult to break It is recommended that a separate Pass-Phrase be created for each Bid-Part This method of bid- encryption does not have the security and data-integrity related vulnerabilities which are inherent in E-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid- encryption Bid-encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE) even if there is connivance between the concerned tender- opening officers of the Buyer organization and the personnel of e-tendering service provider

Typically lsquoPass-Phrasersquo of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself when demanded by the concerned Tender Opening Officers who will open the bid Else Tender Opening Officer may authorize the bidder to open his bid himself There is an additional protection with SSL Encryption during transit from the client-end computer of a Supplier organization to the e-tendering server portal

8 Public Online Tender Opening Event (TOE)

ETS offers a unique facility for lsquoPublic Online Tender Opening Event (TOE)rsquo Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices For this purpose representatives of bidders (ie Supplier organization) dully authorized are requested to carry a Laptop and Wireless Connectivity to Internet Every legal requirement for a transparent and secure lsquoPublic Online Tender Opening Event (TOE)rsquo has been implemented on ETS As soon as a Bid is decrypted with the corresponding lsquoPass-Phrasersquo as submitted online by the bidder himself (during the TOE itself) salient points of the Bids are simultaneously made available for downloading by all participating bidders The work of taking notes during a manual lsquoTender Opening Eventrsquo is therefore replaced with this superior and convenient form of lsquoPublic Online Tender Opening Event (TOE)rsquo ETS has a unique facility of lsquoOnline Comparison Chartrsquo which is dynamically updated as each online bid is opened The format of the chart is based on inputs provided by the Buyer for each Tender The information in the Comparison Chart is based on the data submitted by the Bidders in electronic forms A detailed Technical and or Financial Comparison Chart enhances Transparency Detailed instructions are given on relevant screens

48 Signature of the Contractor

ETS has a unique facility of a detailed report titled lsquoMinutes of Online Tender Opening Event (TOE)rsquo covering all important activities of lsquoOnline Tender Opening Event (TOE)rsquo This is available to all participating bidders for lsquoViewing Downloadingrsquo

There are many more facilities and features on ETS For a particular tender the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer

NOTE In case of internet related problem at a bidderrsquos end especially during lsquocritical

eventsrsquo such as ndash a short period before bid-submission deadline during online

public tender opening event etc it is the bidderrsquos responsibility to have backup

internet connections In case there is a problem at the e- procurement

service-providerrsquos end (in the server leased line etc) due to which all the

bidders face a problem during critical events and this is brought to the notice

of BSNL by the bidders in time then BSNL will promptly re-schedule the

affected event(s)

9 Other Instructions

For further instructions the vendor should visit the home-page of the portal

( httpeprocurementsynisecombsnl1gujarat) and go to the User-Guidance Center The help information provided through lsquoETS User-Guidance Centerrsquo is available in three categories ndash

Users intending to Register First-Time Users Logged-in users of Buyer organizations and Logged-in users of Supplier organizations Various links are provided under each of the three categories Note It is strongly recommended that all authorized users of Supplier

organizations should thoroughly peruse the information provided under the

relevant links and take appropriate action This will prevent hiccups and minimize

teething problems during the use of ETS

The following lsquoFOUR KEY INSTRUCTIONS for BIDDERSrsquo must be assiduously adhered to

1 Obtain individual Digital Signing Certificate (DSC or DC) well in advance of

your first tender submission deadline on ETS

2 Register your organization on ETS well in advance of your first tender submission deadline on ETS

3 Get your organizationrsquos concerned executives trained on ETS well in advance of your first tender submission deadline on ETS

4 Submit your bids well in advance of tender submission deadline on ETS as

there could be last minute problems due to internet timeout breakdown etc

While the first three instructions mentioned above are especially relevant to first-time users of ETS the fourth instruction is relevant at all times

10 Minimum Requirements at Bidders end

Computer System with good configuration (Min P IV 1 GB RAM Windows XP)

Broadband connectivity

Microsoft Internet Explorer 60 or above

Digital Certificate(s) for users

49 Signature of the Contractor

ANNEXURE-III

RATE SHEET

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Rate should be quoted in below Rate Sheet

Sr

No

Rates Quoted By Bidder With Respect to SOR (Schedule Of Rate)

Particulars In Figure In Words

1 Above Of SOR

2 Below Of SOR

3 AT PAR

[At Same Rates of SOR]

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

Signature of the Bidder with Seal

Note

1 All faulty instruments are to be repaired except fully broken or fully burnt due to

electric hazards

2 The work may be offered to more than one contractor if required

Signature of the Tenderer with seal

Full Name _____________________

Full Address________________________

  • TABLE OF CONTENTS
    • CERTIFICATE REGARDING NEAR RLATIVES
      • LETTEROF AUTHORISATION FOR ATTENDING BID OPENING
      • Signed sealed amp Delivered by
      • Above written
        • ANNEXURE-IX - UNDERTAKING

47 Signature of the Contractor

document in a Sealed Envelope The envelope shall bear (name of the tender) the tender number and the words lsquoDO NOT OPEN BEFORErsquo (due date amp time)

1 EMD-Bid Security in Original

2 DD Bankers cheque against payment of tender fee

3 Power of attorney (if applicable) Note The bidder has to upload the Scanned copy of all above said documents during

online Bid submission also

7 Special Note on Security of Bids

Security related functionality has been rigorously implemented in ETS in a multi-dimensional manner Starting with Acceptance of Registration by the Service Provider provision for security has been made at various stages in Electronic Tenderrsquos software Security related aspects as regard Bid Submission are outlined below

As part of the Electronic Encryptertrade functionality the contents of both the lsquoElectronic Formsrsquo and the lsquoMain-Bidrsquo are securely encrypted using a Pass-Phrase created by the Bidder himself Unlike a lsquopasswordrsquo a Pass-Phrase can be a multi-word sentence with spaces between words (eg I love this World) A Pass-Phrase is easier to remember and more difficult to break It is recommended that a separate Pass-Phrase be created for each Bid-Part This method of bid- encryption does not have the security and data-integrity related vulnerabilities which are inherent in E-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid- encryption Bid-encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE) even if there is connivance between the concerned tender- opening officers of the Buyer organization and the personnel of e-tendering service provider

Typically lsquoPass-Phrasersquo of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself when demanded by the concerned Tender Opening Officers who will open the bid Else Tender Opening Officer may authorize the bidder to open his bid himself There is an additional protection with SSL Encryption during transit from the client-end computer of a Supplier organization to the e-tendering server portal

8 Public Online Tender Opening Event (TOE)

ETS offers a unique facility for lsquoPublic Online Tender Opening Event (TOE)rsquo Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices For this purpose representatives of bidders (ie Supplier organization) dully authorized are requested to carry a Laptop and Wireless Connectivity to Internet Every legal requirement for a transparent and secure lsquoPublic Online Tender Opening Event (TOE)rsquo has been implemented on ETS As soon as a Bid is decrypted with the corresponding lsquoPass-Phrasersquo as submitted online by the bidder himself (during the TOE itself) salient points of the Bids are simultaneously made available for downloading by all participating bidders The work of taking notes during a manual lsquoTender Opening Eventrsquo is therefore replaced with this superior and convenient form of lsquoPublic Online Tender Opening Event (TOE)rsquo ETS has a unique facility of lsquoOnline Comparison Chartrsquo which is dynamically updated as each online bid is opened The format of the chart is based on inputs provided by the Buyer for each Tender The information in the Comparison Chart is based on the data submitted by the Bidders in electronic forms A detailed Technical and or Financial Comparison Chart enhances Transparency Detailed instructions are given on relevant screens

48 Signature of the Contractor

ETS has a unique facility of a detailed report titled lsquoMinutes of Online Tender Opening Event (TOE)rsquo covering all important activities of lsquoOnline Tender Opening Event (TOE)rsquo This is available to all participating bidders for lsquoViewing Downloadingrsquo

There are many more facilities and features on ETS For a particular tender the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer

NOTE In case of internet related problem at a bidderrsquos end especially during lsquocritical

eventsrsquo such as ndash a short period before bid-submission deadline during online

public tender opening event etc it is the bidderrsquos responsibility to have backup

internet connections In case there is a problem at the e- procurement

service-providerrsquos end (in the server leased line etc) due to which all the

bidders face a problem during critical events and this is brought to the notice

of BSNL by the bidders in time then BSNL will promptly re-schedule the

affected event(s)

9 Other Instructions

For further instructions the vendor should visit the home-page of the portal

( httpeprocurementsynisecombsnl1gujarat) and go to the User-Guidance Center The help information provided through lsquoETS User-Guidance Centerrsquo is available in three categories ndash

Users intending to Register First-Time Users Logged-in users of Buyer organizations and Logged-in users of Supplier organizations Various links are provided under each of the three categories Note It is strongly recommended that all authorized users of Supplier

organizations should thoroughly peruse the information provided under the

relevant links and take appropriate action This will prevent hiccups and minimize

teething problems during the use of ETS

The following lsquoFOUR KEY INSTRUCTIONS for BIDDERSrsquo must be assiduously adhered to

1 Obtain individual Digital Signing Certificate (DSC or DC) well in advance of

your first tender submission deadline on ETS

2 Register your organization on ETS well in advance of your first tender submission deadline on ETS

3 Get your organizationrsquos concerned executives trained on ETS well in advance of your first tender submission deadline on ETS

4 Submit your bids well in advance of tender submission deadline on ETS as

there could be last minute problems due to internet timeout breakdown etc

While the first three instructions mentioned above are especially relevant to first-time users of ETS the fourth instruction is relevant at all times

10 Minimum Requirements at Bidders end

Computer System with good configuration (Min P IV 1 GB RAM Windows XP)

Broadband connectivity

Microsoft Internet Explorer 60 or above

Digital Certificate(s) for users

49 Signature of the Contractor

ANNEXURE-III

RATE SHEET

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Rate should be quoted in below Rate Sheet

Sr

No

Rates Quoted By Bidder With Respect to SOR (Schedule Of Rate)

Particulars In Figure In Words

1 Above Of SOR

2 Below Of SOR

3 AT PAR

[At Same Rates of SOR]

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

Signature of the Bidder with Seal

Note

1 All faulty instruments are to be repaired except fully broken or fully burnt due to

electric hazards

2 The work may be offered to more than one contractor if required

Signature of the Tenderer with seal

Full Name _____________________

Full Address________________________

  • TABLE OF CONTENTS
    • CERTIFICATE REGARDING NEAR RLATIVES
      • LETTEROF AUTHORISATION FOR ATTENDING BID OPENING
      • Signed sealed amp Delivered by
      • Above written
        • ANNEXURE-IX - UNDERTAKING

48 Signature of the Contractor

ETS has a unique facility of a detailed report titled lsquoMinutes of Online Tender Opening Event (TOE)rsquo covering all important activities of lsquoOnline Tender Opening Event (TOE)rsquo This is available to all participating bidders for lsquoViewing Downloadingrsquo

There are many more facilities and features on ETS For a particular tender the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer

NOTE In case of internet related problem at a bidderrsquos end especially during lsquocritical

eventsrsquo such as ndash a short period before bid-submission deadline during online

public tender opening event etc it is the bidderrsquos responsibility to have backup

internet connections In case there is a problem at the e- procurement

service-providerrsquos end (in the server leased line etc) due to which all the

bidders face a problem during critical events and this is brought to the notice

of BSNL by the bidders in time then BSNL will promptly re-schedule the

affected event(s)

9 Other Instructions

For further instructions the vendor should visit the home-page of the portal

( httpeprocurementsynisecombsnl1gujarat) and go to the User-Guidance Center The help information provided through lsquoETS User-Guidance Centerrsquo is available in three categories ndash

Users intending to Register First-Time Users Logged-in users of Buyer organizations and Logged-in users of Supplier organizations Various links are provided under each of the three categories Note It is strongly recommended that all authorized users of Supplier

organizations should thoroughly peruse the information provided under the

relevant links and take appropriate action This will prevent hiccups and minimize

teething problems during the use of ETS

The following lsquoFOUR KEY INSTRUCTIONS for BIDDERSrsquo must be assiduously adhered to

1 Obtain individual Digital Signing Certificate (DSC or DC) well in advance of

your first tender submission deadline on ETS

2 Register your organization on ETS well in advance of your first tender submission deadline on ETS

3 Get your organizationrsquos concerned executives trained on ETS well in advance of your first tender submission deadline on ETS

4 Submit your bids well in advance of tender submission deadline on ETS as

there could be last minute problems due to internet timeout breakdown etc

While the first three instructions mentioned above are especially relevant to first-time users of ETS the fourth instruction is relevant at all times

10 Minimum Requirements at Bidders end

Computer System with good configuration (Min P IV 1 GB RAM Windows XP)

Broadband connectivity

Microsoft Internet Explorer 60 or above

Digital Certificate(s) for users

49 Signature of the Contractor

ANNEXURE-III

RATE SHEET

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Rate should be quoted in below Rate Sheet

Sr

No

Rates Quoted By Bidder With Respect to SOR (Schedule Of Rate)

Particulars In Figure In Words

1 Above Of SOR

2 Below Of SOR

3 AT PAR

[At Same Rates of SOR]

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

Signature of the Bidder with Seal

Note

1 All faulty instruments are to be repaired except fully broken or fully burnt due to

electric hazards

2 The work may be offered to more than one contractor if required

Signature of the Tenderer with seal

Full Name _____________________

Full Address________________________

  • TABLE OF CONTENTS
    • CERTIFICATE REGARDING NEAR RLATIVES
      • LETTEROF AUTHORISATION FOR ATTENDING BID OPENING
      • Signed sealed amp Delivered by
      • Above written
        • ANNEXURE-IX - UNDERTAKING

49 Signature of the Contractor

ANNEXURE-III

RATE SHEET

Tender NO MMTenderMehsana2016-1706 Dated 26102016

Rate should be quoted in below Rate Sheet

Sr

No

Rates Quoted By Bidder With Respect to SOR (Schedule Of Rate)

Particulars In Figure In Words

1 Above Of SOR

2 Below Of SOR

3 AT PAR

[At Same Rates of SOR]

1 Rates should be inclusive of all taxes levies etc except service tax

2 Service Tax will be paid by this office as applicable on production of Service tax

registration no amp claiming by the contractor in his bills (Showing labour cost and

material cost separately)

Signature of the Bidder with Seal

Note

1 All faulty instruments are to be repaired except fully broken or fully burnt due to

electric hazards

2 The work may be offered to more than one contractor if required

Signature of the Tenderer with seal

Full Name _____________________

Full Address________________________

  • TABLE OF CONTENTS
    • CERTIFICATE REGARDING NEAR RLATIVES
      • LETTEROF AUTHORISATION FOR ATTENDING BID OPENING
      • Signed sealed amp Delivered by
      • Above written
        • ANNEXURE-IX - UNDERTAKING