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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________________________
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________________________
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________________________
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________________________
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________________________
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________________________
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________________________
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________________________
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________________________
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________________________
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________________________
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________________________
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________________________
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________________________
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________________________
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________________________
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________________________
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________________________
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________________________
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________________________
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________________________
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________________________
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________________________
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________________________
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________________________
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________________________
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________________________
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________________________
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________________________
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________________________
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________________________
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________________________
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________________________
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________________________
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________________________
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________________________
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________________________
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________________________
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________________________
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________________________
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________________________
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________________________
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________________________
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________________________
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________________________
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________________________
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________________________
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________________________
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________________________