BHARAT SANCHAR NIGAM LIMITEDtender.bsnl.co.in/bsnltenders/bsnltender/download.jsp?download... · (Admn&HR) % GMTD Jodhpur well ... 13. CORRUPT PRACTICES: i. Any bribe , ... influence

1

Form No......................

Reciept No……………

Amount ………………

Cost of tender form Rs. 500.00+14% S.T.

BHARAT SANCHAR NIGAM LIMITED

(A GOVT. OF INDIA ENTERPRISE)

TENDER DOCUMENT

Part – I

Technical Bid

(Terms and Conditions)

FOR SUPPLY OF CANTEEN ITEMS AT SUBHASH NAGAR GMTD OFFICE

&

SARDARPURA T.E. JODHPUR

Tender No.: G-5/Tender/ CANTEEN /15-16 / 01 Dated 10/02/2016

Issued to M/s...............................................................

Office of The

General Manager Telecom District

Subhash Nagar, Pal Road,

Jodhpur - 342008

SIGNATURE OF THE TENDERER WITH SEAL

2 2

INDEX

SN. DOCUMENT PAGE NO.

1 INDEX 2

2 NIT 3-4

3 CHAPTER -I INSTRUNCTIONS TO TENDERER 5-8

4 CHAPTER –II INFORMATION TO BE GIVEN BY TENDERER 9-11

5 CHAPTER-III DECLARATION 12

6 CHAPTER-IV TERMS & CONDITIONS OF CONTRACT 13-17

7 CHAPTER-V SPECIFICATION 18-19

8. CHAPTER-VI AGREEMENT 20-23

9. FINANCIAL BID 24-26


3 3

No.-G-5/ / /15-16/01 Dated 10/02/2016

( / )

( ) ( )

-600 3,60,000 9000/-

Rs.500/-

+14%

S.T

( )

10.00 13.00

( )

( )

/

21-04-2016 15.00 ( )

15.30


4 4

“www.rajasthan.bsnl.co.in” “www.tender.bsnl.co.in”

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5 5

C H A P T E R - I

INSTRUCTIONS FOR TENDERERS:

The contractor must carefully read all the terms and conditions and

specifications before filling up the tender schedule, every page of the tender document is to be

signed by the tenderer at the space marked as “SIGNATURE OF THE TENDERER WITH

SEAL”.

1. PLACE OF OPERATION: JODHPUR SSA

2. SUBMISSION OF BID: Tenderer should go through the tender documents & should offer

their tenders in wax / tape sealed cover comprising of two sealed envelopes, namely

Technical Bid envelope & Financial Bid envelope, together placed in a third wax / tape

sealed cover super scribing the name of the work. Initially Technical envelope will be

opened. Only after check of EMD & other required documents as per NIT, the Financial bid

document envelope will be opened.

(A) First envelope will have title ‘Technical Bid Envelope’ & would contain 1. D.D. of prescribed amount for Earnest Money as specified in NIT.

2. Attested Copy of Partner Ship Deed in case of partnership Firm.

3. Power of Attorney in case of Partner Ship Firm.

4. Attested Copy of the Registration of the firm with Central / State Government

Department/ Organization.

5. Declaration regarding relation as per chapter III of the tender document.

6. Attested Copy of PAN (Income Tax).

7. Complete tender document chapter I to VI duly sign & seal of tenderer.

(B) FINANCIAL BID ENVELOPE SHOULD CONTAIN ONLY THE FINANCIAL BID

& rates be offered in unambiguous manner in the prescribed bid.

(C) Failure in submitting EMD in the prescribed manner and other document enumerated

above, price bid will not be opened and the tender will be summarily rejected.

3. ELIGIBILITY : As per Technical Specification –See Chapter -V & 2(A) of Chapter I..

4. VOLUME OF WORK: No definite volume of work to be performed can be guaranteed

during the currency of the contract. However some general information are given in NIT are

intended merely to give the tenderer an idea of the approximate quantum of work to

facilitate and to make their own assessment for giving quotations in accordance with the

conditions of the contract.

5. ITEM OF WORK : Work as mentioned in the NIT is to be carried out as per technical

specification. The contract, if any, which may eventuate from this tender shall be governed

by the terms and conditions of contract as contained in the invitation instructions to the

tenderer and as given in the form of this tender.


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6. SIGNING OF TENDER:

i. Person/ persons signing the tender shall state in what capacity lie or they are signing the

tender e.g. as sole proprietor of the firm or Secretary/ Manager/Director etc. of the Limited

Co .In the case of the partner-ship firms, the name of all the partners should be disclosed

and the tender shall be signed by all the partners or the duly constituted attorney, having

authority to bind all the including the Arbitration clause. The original or the attested copy

of the partner-ship deed should be furnished along with the tender. In the case of a Limited

Co., the name of the Director should be mentioned and it shall be certified that the

person signing the tender is empowered to do so on behalf of the company. A copy of the

Memorandum of the Articles of the Association of the company shall be attached to the

tender. In case of Hindu undivided family, the name of the family members should be

disclosed and the karta who can bind the firm should sign the form and indicate his status

below his signature.

ii. The person signing the tender form or any document forming part of the Tender on behalf

of lie another or on behalf of a firm shall be responsible to produce a proper power of

attorney duly accepted in his favour stating that he has authority to bind such other

person or the firm as the case may be in all matters pertaining to the contract including

the Arbitration clause. If the person so signing the tender fails to produce the said power of

attorney his tender shall be liable to summary rejection without prejudice to any other

right of department under the law . The power of attorney should be signed by all the

partners in the case of partner-ship concern, by the proprietor in the case of a proprietary

concern and by the person who by his signature can bind the company in case of Limited

concern. In the case of Hindu undivided family the power of attorney should be signed by

the karta who by this signature can bind the firm.

7. EMD: Each tender must be accompanied by an Earnest Money of the amount as per NIT of

the Tender in the form of cash / DD issued by any scheduled Bank drawn at Jodhpur in

favour of the Accounts Officer (CASH), BSNL O/o the GMTD, Jodhpur. Tender not

accompanied by the Earnest money shall be summarily rejected.

The earnest money shall be liable to forfeiture if the tenderer after submitting his tender

rates, withdraws or modifies his offer and or the terms and conditions thereof in any manner

is being understood that the tender document have been made available to him and he is

being understood to tender in consideration of his agreement to this stipulation. The

earnest money deposit will be returned to all tenderers after finalization of the tenders. In

respect of successful Bidder the Bid security amount will be released on receipt of their

acceptance of APO and submitting Performance Security Deposit. No interest shall be

payable on the amount of Earnest Money, in any case.

The EMD will be forfeited in case fails to accept the offer, incase his tender is accepted,

fails to pay the security deposit in stipulated time limit, fails to carryout the work in

stipulated time , if any of the document submitted by the tenderer is found to be forged.

8. PERFORMANCE SECURITY DEPOSIT: The successful tenderers EMD will be

convert in to SD .Performance Security deposit should valid for 18 months. As per chapter-V

of the tender failing which the tender shall be liable to cancel at the risk and cost of tenderer.


7 7

(a) The Performance Security Deposit would be subject to the terms & conditions given in

the Chapter-V of this tender and the department will not be liable for payment of any

interest on the Performance Security Deposit or any depreciation thereof.

(b) If the successful tenderer had previously held any contract and furnished it’s Performance

Security Deposit for this tender, the same shall not be adjusted against this tender and a

fresh Performance Security will be required to be deposited.

(c) In the event of security deposit insufficient or the security has been full forfeited, the

balance of the total sum then or which at any time thereafter become due to the contractor

under this or any other contract with the B.S.N.L. should that sum also be not sufficient

to cover the full amount recoverable, the contractor shall pay to Jodhpur Telecom. Distt.

on demand the remaining balance due.

(d) Security deposit tendered in any form shall be liable for appropriation/adjustment again

any liquidated damage for delayed execution of work or against carry forward loss to the

department to which the contractor does not meet otherwise. If the contractor fails or

neglect to perform any of his obligation under the contract, it shall be lawful for the

B.S.N.L. to forfeit either whole or any part of the security deposit furnished by the

contractor, which does not amount to imposing of penalty after issuing a “show cause

notice” which will be duly examined for final decision by the competent authority and the

decision conveyed to the contractor in writing.

9. DOCUMENTS :

(a) The documents as detailed in NIT and as per Para 2 above.

(b) The tenderer is required to use two separate sealed envelopes with marking as

TECHNICAL BID envelope and FINANCIAL BID envelope. All these two envelopes in

turn are to be kept in a wax / tape sealed outer bigger envelope.

10. PRICE QUOTATION :

Tenderers are required to offer their rates in of Part II of tender documents and write the rates

without any over writing in words & figures. The rates offered should be inclusive of all

taxes, duties, insurance and transportation charges up to consignee store.

11. Submission of Tender :

The sealed Bid delivered in person only in the tender box at the office of the AGM

(Admn&HR) % GMTD Jodhpur well in time indicated in the NIT . The render form shall be

filled in by the tenderer neatly and accurately. Any alteration or over-writing may render the

tender invalid. Alteration neatly carried out and duly attested is permitted.


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12. OPENING OF TENDERS :

The tenders will be opened in the office of the AGM(Admn&HR), O/o GMTD

Subhash Nagar Pal Road, Jodhpur at the time and on the date indicated in NIT. The

tenders will be at liberty to be present either in person or through an authorized

representative, at the time of opening of the tenders. In case the date of opening of tender is

declared as holiday, the tender will be opened on next working day at schedule time.

13. CORRUPT PRACTICES:

i. Any bribe , commission or advantage offered or promised by or on behalf of the tenderer to

any officer or servant of the department shall ( in addition to any criminal liability which

the tenderer may incur ) debar his tender from being considered. Capvassing on the part or

on behalf of the tenderer will also make his tender liable to rejection.

ii. No Tenderer/Contractor shall bring or attempt to bring any political or other Outside

influence to bear upon any officer of Bharat Sanchar Nigam Limited to further his interest

in respect of matters pertaining to his contract under B.S.N.L.

14. ACCEPTANCE OF TENDER:

The General Manager, Telecom District, Jodhpur, on behalf of the BSNL reserves the

right to reject any or all the tenders without assigning any reason and does not bind

himself to accept the lowest or any tender . Tenders with conditions will be summarily

rejected. BSNL also reserves the right to award any work any time to any contractor in the

area. The successful tenderer will be intimated of the acceptance of his tender by a letter /

telegram of formal acceptance of tender. Where acceptance is communicated by the

telegram, the formal acceptance of tender will be forwarded to the contractor as soon as

possible, but the telegram must be acted upon immediately and agreement as per form of

agreement given in chapter-VI on a non-judicial stamp paper of Rs. 500.00 (Rs. Five

Hundred only) is to be signed by the tenderer within 7 days of issue of acceptance letter,

failing which the EMD shall likely to be forfeited. Bidder has to bear the cost of stamp paper.


9 9

C H A P T E R - I I

INFORMATION TO BE GIVEN BY TENDERERS.

Certified copies of documents supporting the information furnished may invariable be enclosed.

To be filled in by the tenderer.

------------------------------------------------------------------

1. Name & Complete Address of the tenderer :

2. Composition of Tenderer :

It should be treated whether the

tenderer is a undivided Hindu family,

proprietorship concern or registered

partnership firm or a Limited Co.

The name of all the partners,

Director / Proprietors and karta of

Undivided Hindu Family should be

given. It should be certified that

there is no undisclosed Partner. In

the case of limited Company the

authorised and paid up Capital

should be stated.

------------------------------------------------------------------

3. Business in which the tenderer is

employed : The nature of business in

which the tenderer of partners of

of the tenderer's firm are engaged

should be stated together with

particulars of their Head Office and

branches, if any, are located.

------------------------------------------------------------------

4. Tenderer's Banks : The name of the

Bank and the branches with which the

tenderer has dealings and who can

certify the tenderer's financial

status, should be given.

------------------------------------------------------------------


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5 I/We do hereby declare that the entries made and Appendices attached therein are true and

also that I/We shall be bound by the act of my/our duly constituted attorney Shri

_________________________________ whose signature is appended here to in the space

specified for the purpose and of any other person who in future may be appointed by me/us

instead to carry on the business of the concern whether any intimation of such change is to

the department or not.

6 /We have read and understood the requirements as contained in this Notice Inviting Tender.

We are enclosing FINANCIAL BID in envelope duly wax sealed.

7 The following documents are enclosed along with this Tender duly filled and signed

a) Document -I _____________________________________

b) Document -II ____________________________________

c) Document -III ___________________________________

d)Document –IV ------------------------------------

SIGNATURE OF CONSTITUTED ATTORNEY

Yours Faithfully,

(Signature of tenderer)

Signature in which signed.

Name & address of Attorney :

……………………………………………………………………….

Name : ----------------------------

Address : --------------------------

Date : ______________________________

Signature of witness.

Name :

………………………………………………………………………………………..

Address :

………………………………………………………………………………………..

Date :

………………………………………………………………………………………..


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TENDER'S QUOTATION

To be submitted in Technical Bid Envelope.

i. TENDERER'S COMPLETE ADDRESS :

ii. TENDER'S TELEPHONE NUMBER :

From :

________________________________________________

________________________________________________

To :

The AGM (Admn&HR)

O/o The G.M.T.D. Jodhpur

Subhash Nagar, Pal road JODHPUR-342008

Reference : Tender G-5/Tender/ CANTEEN /15-16 / 01 Dated 10 /02/2016

Dear Sir,

1. I / We submit the sealed tender for appointment as contractor for supply of

……………………..

2. (a) I/We have thoroughly examined and understood instructions to tenderer, terms and

conditions of contract given in the Notice inviting tender and those contained in the

general conditions of Contract and its Annexure and agree to abide by them.

(b) I/We confirm that no other charges would be payable to me/us.

(c) I/We agree to keep the offer open for acceptance up to 90 days from the

Date of opening of Tender.

I / We shall be bound by communication of acceptance of the offer dispatched within the

time.

Demand Draft/Cash Receipt No.______________________________

Dated ___________________ for Rs._________________________

(Rupees________________________________________________

is enclosed as Earnest Money in the other envelope marked as TECHNICAL BID envelope".

Thanking you,

Your’s faithfully,

Signature of Tenderer

Capacity in which signing.


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C H A P T E R - I I I

DECLARATION

I/We hereby declare that none of my/our near relatives are employed in any capacity in any

of the units of o/o the General Manager, Telecom District Jodhpur. I /We shall also intimate the

Names of person(s) who is/ are working with us in any capacity or is/are subsequently employed

by us and who are near relatives to any officer in Jodhpur Telecom. District. I/We am/are aware

that any breach if this condition would result in immediate termination of contract /cancellation

of the existing contract/contracts and also forfeiting of my/our security deposit held by Jodhpur

Telecom District.

Note: The term “near relatives” means wife/husband/parents and Grand parents/children, grand

children/brothers/sisters/ uncles/aunts/cousins and their corresponding in-laws.

NAME AND SIGNATURE OF THE CONTRACTOR

(Capacity in which signing)

Station :

Date :


13 13

C H A P T E R - I V

TERMS AND CONDITION OF CONTRACT

Terms and conditions governing contracts for work of supply of canteen items in the

jurisdiction of Jodhpur Telecom. District.

1.DEFINITIONS

i. The term “contract” shall mean and include the invitation to tender incorporating also the

instructions to tenderers, the Tender, its Annexure and schedules, acceptance of tender and

such general and special conditions as may be added to it.

ii. The term “contractor” shall mean and include the person or persons firm or company with

whom the contract has been placed including their heirs, executor, administrators, successors

and their permitted assigns, as the case may be.

iii. The term “contract Rate” shall mean the rates of payment accepted by The General Manager,

Telecom Distt. Jodhpur for and on behalf of the B.S.N.L.

iv. Department/Jodhpur Telecom. District means the General Manager, Telecom District, Jodhpur

or /Dy.GM /Divisional Engineer / S.D.E /and maintenance units or any other officers specially

authorised by the General Manager, Telecom District, Jodhpur on his behalf.

v. Normal time or stipulated time means time specified in the purchase order.

vi. Extension time means the time granted by Jodhpur Telecom. District.

vii. The jurisdiction of Jodhpur Telecom. District for the purpose of Tender is Jodhpur SSA

The term “Services” shall mean the performance of any of the items of work enumerated in

schedule of services, including such auxiliary, additional and incidental duties / services and

operations as may be indicated by the Divisional Engineer or any person authorised by him on

his behalf.

2. OBJECT OF THE CONTRACT :

The contractors shall render all or any of the services given in work order or as directed by the

Divisional Engineer or any officer acting on his behalf from time to time which shall not be

inconsistent with these terms and conditions.

(a) The parties to the contract are the contractor and the resident of India represented by the

General Manager, Telecom District, Jodhpur and / or any other person authorised / acting on his

behalf.

(b) The parties signing the tender or any other documents forming part of the Tender on behalf

of any other authority to bind such other person or the firm as the case may be, in such

matters pertaining to the contract including the arbitration clause, if on enquiry, it is found

that the person concerned has no such authority, the General Manager, Telecom District,

Jodhpur may without prejudice to other civil and criminal remedies, terminate the

contract and hold the signatory liable for all costs and damages.

(c) Notice or any other action to be taken on behalf of the Jodhpur Telecom District may be

given/taken by the Divisional Engineer or any other officer so authorised by the General

Manager, Telecom District, Jodhpur.

3. CONSTIUTION OF CONTRACTORS :

(a) Contractors shall at the time of submission of Tender declare whether they are sole

proprietary concern or registered partnership firm or private limited company or a public


14 14

limited company incorporated in India or a Hindu undivided family. The composition of the

partnership, names of Directors of company and names of the Karta of Hindu Undivided family

shall also be indicated. The contractors shall also nominate a person in whose hands the

active management and control of the work relating to the contract during the tenure of contract

would lie. The person so nominated shall be deemed to have power of attorney from the

contractors in respect of the contract and whose acts shall be binding on the contractors.

(b) The contractor shall not during the currency of the contract, make without the prior

approval of the Jodhpur Telecom District any change in the constitution of the firm. The

contractors shall notify to the Jodhpur Telecom District the death/resignation of any of

their partners/Directors immediately on the occurrence of such an event. On receipt of such

notice, the General Manager, Telecom District, Jodhpur shall have the right to terminate the

contract.

4.SUBLETTING:

The contractors shall not sublet, transfer or assign the contract or any part thereof

without the previous written approval of the GMTD Jodhpur. In the event of the contractor

contravening this condition, the GMTD Jodhpur shall be entitled to award the contract to

others on the contractor account at his risk and the contractor shall be liable for any loss or

damage which the GMTD Jodhpur may sustain in consequence or arising out of such

replacing of the contract.

5.RELATIONSHIP WITH THIRD PARTIES :

All transactions between the contractors and the third parties shall be carried out as between

two parties without reference in any event to the Jodhpur Telecom. District. The contractors

shall also undertake to make third parties fully aware of the position aforesaid.

6. The Jodhpur Telecom. District shall be fully indemnified by the contractors against all

payments, claims and liabilities what so ever incidental or direct, arising out of or for

compliance with or enforcement of the country as they are at present or as they would stand

modified from time to time, to the extent they are applicable to the establishment/works in the

Jodhpur Telecom. District. The GMTD, Jodhpur shall have the right to deduct from any moneys

due to the contractor, any sums required or estimated to be required for making good the loss

suffered by a workers or workers by reason of non-fulfillment of the conditions of the

contract for the benefit or believed to be for the benefit of their wages, etc. which are not

authorized or justified by the terms of the contract or non observance of the Rules, Regulation

and or Acts or by way of fulfillment of any obligations on the part of the contractor for strict

observance of the provisions of the aforesaid laws /Acts in para (ii) above.

7.BRIBES, COMMISSION, GIFTS ETC.: Any bribe, commission, gift or advantage given ,

promised or offered by or on behalf of the contractors or any one or more of their

partners/Directors agents or servants or any one else on their behalf to any officer, servants

representatives or agent of the Jodhpur Telecom District or any person on his or their behalf

for showing for bearing favour or disfavour to any person in relation to the contract, shall subject

the contractors to the cancellation of this contract and any other contract with the Jodhpur

Telecom District and contractors shall be liable to the payment of any loss or damage

resulting from such cancellation.

8. PERIOD OF CONTRACT. The contract shall remain in force up to one year from the date

of contract or such later date as may be decided by the General Manager, Telecom District ,

Jodhpur but The General Manager, Telecom District, Jodhpur reserves the right to terminate


15 15

the contact at any time during its currency without assigning any reason thereof by giving

thirty days notice in writing to the contractors at their last known place of residence/business

and the contractors shall not be entitled to any compensation by reason of such termination.

The action of the General Manager, Telecom District, Jodhpur under this clause shall be

final, conclusive and binding on the contractors and shall not be called into question. The

General Manager, Telecom. District, Jodhpur or Competent Authority in his discretion can

extend/reduce the validity of the contract for maximum one year at any time during the currency

of contract without assigning any reason.

9. SUMMARY TERMINATION.

(a) In the event of the contractors having been adjudged insolvent or going into liquidation

or winding up their business or making arrangements with their creditors or failing to observe

any of the provisions of this contract or any of the terms and conditions governing the

contract, the GMTD Jodhpur shall be at liberty to terminate the contract forthwith without

prejudice to any other rights and remedies under the contract and to get the work done for the

un expired period of the contract at the risk and cost of the contractors and to claim from the

contractors any resultant loss sustained or costs incurred.

10. VALIDITY OF BIDS:

The bid must remain valid for acceptance within 150 days from the date of opening. A

bid valid for shorter period shall be summarily rejected.

11. LIABILITY OF CONTRACTORS FOR LOSSES ETC SUFFERED BY

DEPARTMENT.

(a) The contractors shall be liable for all costs, damages charges and expenses suffered or

incurred by the Jodhpur Telecom District due to the contractors negligence and un-workman

like performance of any service under this contract or breach of any terms thereof or their

failure to carry out the work with a view to avoid damages etc. and for all damages or losses

occasioned to the Jodhpur Telecom District or in particular to any property or plant belonging

to the Jodhpur Telecom District due to any act whether negligence or otherwise of the

contractors themselves or their employees. The decision of the Divisional Engineer

regarding such failure of the contractors and their liability for the losses etc. suffered by

Jodhpur Telecom District shall be final and binding on the contractors .

(b) The Jodhpur Telecom District shall be at liberty to reimburse themselves of any damages,

losses, charges, costs of expenses suffered or incurred by it due to contractors negligence and

un-workman like performance of service under the contract, or breach of any terms thereof.

The total sum claimed shall be deducted from any sum then due or which at any time

thereafter may become due to the contractors under this or any other contract with the

Jodhpur Telecom. District, In the event of the sum which may be due from the Jodhpur

Telecom District as aforesaid being balance of the total sum claimed and recoverable from the

contractors as aforesaid shall be deducted from the security deposit furnished by the

contractors as specified in para 10. should this sum also be not sufficient to cover the full

amount claimed by the Jodhpur Telecom District the contractor shall pay to the Jodhpur

Telecom District on demand the remaining balance of the aforesaid sum claimed.


16 16

(c) In the event of default on the part of the contractors and the failure to perform any of

the services mentioned in this agreement efficiently and to the entire satisfaction of the

Jodhpur Telecom District or any officer acting on his behalf the Divisional Engineer I/C shall

without prejudice to other rights and remedies under this agreement, have the right to recover by

way of compensation from the contractors a sum which will be a part of the default as the

Divisional Engineer I/C in his absolute discretion may determine and the decision of the

Divisional Engineer I/C in the question whether the contractors have committed such default

or have failed to perform any of such services efficiently and are liable to pay compensation

and as to the quantum of such compensation shall, subject to approval of the GMTD, Jodhpur

be final and binding on the contractors.

(d) The decision of Divisional Engineer I/C in respect of such damages, losses, charges ,costs

of expenses shall be final and binding on the contractor.

12. SET OFF :

Any sum of money due and payable to the contractors (including security deposit

returnable to them ) under this contract may be appropriated by the Jodhpur Telecom. District

and set-off against any claim of the department / B.S.N.L.for the payment of any sum of

money arising out of or under any other contract made by the contractors with the department /

B.S.N.L. throughout India.

13. VOLUME OF WORK :

Subject as hereinafter mentioned, Jodhpur Telecom. District do not guarantee any

definite volume of work or any particular pattern of service at any time or throughout the

period of the contract. The mere mention of any item of work in this contract does not by

itself confer a right on the contractors to demand that the work relating to all or any item

thereof that the work relating to all or any item thereof should necessarily or exclusively be

entrusted to them. The GMTD Jodhpur will also have the exclusive right to appoint one or more

contractors for any or all the services mentioned here under. The GMTD,Jodhpur shall have the

exclusive right to divide the work among such contractors in any manner as he may decide and

no claim shall lie against the Jodhpur Telecom District by reason of such division of work. The

quantities/figures indicated in the tender schedule are approximate and are subject to change

which shall be binding on the contractor. The work can be increased or decreased by 25% as per

requirement of the department by GMTD Jodhpur or Competent Authority.

14 FORCE MAJEURE:

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

than the obligation of the party affected by such force majeure shall be suspended for the whole

period during which such case lasts an until normal operations are resumed and when such cause

ends the execution of this contract must be resumed with all reasonable 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 the cause of forced majeure .

However shall not relieve the BSNL and its obligation to make payment to the contractor for the

work satisfactory executed prior day to the term force majeure as employed herein shall mean

Act of God, was declared or undeclared , hostilities, enemy action, revote, riots, legal lock out

and illegal strikes, tidal waves, forest fires, major floods, explosions, earth quakes, epidemics

sabotage extraordinary Acts and Regulation of Central or State Government or Municipal Bodies


17 17

upon the occurrence of such cause and its termination the parties rendered unable as aforesaid

shall notify the other party rendered , in writing within 72 hours of the beginning and ending

dates giving full particulars and evidences, if required.

15. LAWS GOVERNING THE CONTRACT.

The contract will be governed by the Laws of the India for the time being in force.

16-LIQUIDATED DAMAGES: As per Chapter-V

17. ARBITRATION

(i) In the event of any question , dispute or difference arising under this agreement or in

connection therewith except as to matter the decision of which is specifically provided under

this agreement, the same shall be referred to sole arbitration of the Chief G.M.T., Rajasthan,

Jaipur or in case his designation is changed or his office is abolished then in such case to the

sole arbitration of the officer for the time being entrusted whether in addition to the functions

of the Chief G.M.T., Rajasthan, Jaipur or by whatever designation such officers may be called

( hereinafter referred to as the said officer ) and if the Chief G.M.T., Rajasthan, Jaipur or the

said officer is unable or unwilling to act as such the sole arbitration or some other person

appointed by the Chief GMT or the said officer. The agreement to appoint an arbitrator will be

in accordance with the arbitration and conciliation Act, 1996.There will be no, objection to any

such appointment that the arbitrator is Govt. servant or that he has to deal with the matter to

which the agreement relates or that in the course of his duties as Government servant he has

expressed views on all or any of the matter under dispute. The award of the arbitrator shall be

final and binding on the parties . In the event of such arbitrator to whom the matter is originally

referred, being transferred or vacating his office or being unable to act for any reasons what so

ever such the Chief GMTD Jaipur or the said officer shall appoint another person to act as

arbitrator in accordance with terms of the agreement and the person so appointed shall be entitled

to proceed from the stage at which it was left out by his predecessors.

(ii) The venue of the arbitration proceeding shall be the office of Chief General Manager,

Rajasthan Circle, Jaipur-302008 or such other places as the arbitrator may decide.


18 18

C h a p t e r - V

9-00 6-00

/

( )


19 19

-

- /-

“ ”

/

lgk-egk-¼iz’kk- o ek-l-½

dk;kZ-e-iz-nwj-ftyk]tks/kiqj


20 20

CHAPTER-VI

AGREEMENT

An Agreement made this......................day of...................Two thousand...........

..............................Between M/s. ....................................................................... (hereinafter called

the contractor) which expression shall where the context to admits include his/their respective

heirs exactors, administrative representative and assigns/its successors and assigns of the one

part and the BHARAT SANCHAR NIGAM LTD. (hereinafter referred to as the BSNL) of the

other part.

Whereas the contractor has offered to enter into a contract with the said BSNL for the supply /

work of……………………………………………… in Jodhpur SSA on the terms and

conditions herein contained and the offer of Rs. .......................................................... (in Words

Rs. ................................................................................................. has accepted and whereas the

contractor has deposited Rs. .......................................... as part of Performance Security Deposit

after adjustment of Earnest Money Deposit and whereas no interest will be claimed by

contractor on Performance Security Deposit.

Now these present witness and it is hereby agreed and declared by and between the parties to

these presents as follows :

1. The contractor shall during the period of this contract that is to say, from

.........................to........................, on until this contract shall be determined by such notice

as his hereinafter mentioned, in as per technical specification mentioned in chapter V

described in schedule attached to this agreement which the BSNL or The General

Manager Telecom Jodhpur or any person or persons authorized by the GMTD Jodhpur in

the schedule is likely to change as per actual requirement and demanded by the

exigencies of services.

2. The contract is valid for a period of one year and extendable for a period one year or part

thereof which will be decided by the competent Authority with effect from

_____________ and stands automatically terminated on ________________. The

contract may be terminated by GMTD JODHPUR by giving one month’s clear notice in

writing without assigning any reasons.

3. The contractor will run the canteen at Sardarpura Telephone exchange and Subhash nagar

administrative building to prepare and serve Tea/Coffee and other snacks etc., to the staff

members of GMTD BSNL Jodhpur on payment.

4. The Contractor shall be exclusively responsible for his employees in respect of

statutory obligations such as workmen compensation Act or such other compliances needed

under the Labour Act. Failure to comply and in the event of any such notice being issued the

Contractor shall be liable for payment of damages and the owner shall have the liberty to

terminate this agreement without any further notice.

5. The Contractor is obligated to ensure that the canteen services so provided shall be cooked

fresh in the premises and not being procured from outside. The vessels, Utensils & kitchen

equipment's utilized for catering purposes shall be hygienically maintained and the cleaning


21 21

of such items shall be done hygienically. In addition canteen premises shall be kept clean in all

aspects.

6. The Contractor shall ensure to make all arrangements for procuring the infrastructure for

running a canteen including additional furniture for sitting purposes. The utensils preferably for

the purposes of catering shall be stainless steel for utensils and stainless steel/glass for tumblers

.

7. The timing of running the canteen shall be from 9.00 A.M to 6.00 P.M on all working days

except 2nd Saturday, Sundays and officially declared holidays by BSNL, GMTD Jodhpur. In

view of the restricted entry in the office of the BSNL and for security reasons the canteen

services are restricted to BSNL employees and such of those public people who come to BSNL

office.

8. The items to be prepared, rates, quantity of the eatables are as per list mentioned in Part II of

tender documents enclosed here with and there shall be no catering of any dish prepared 24 hours

earlier.

9. The Contractor is responsible to keep the premises locked after the days services. He shall

instruct his authorized representatives such as Manager, for opening and closing of the premises

at appropriate time. No accommodation will be provided to the contractor's staff to stay after

office hours. He should invariably furnish the name of the authorized representative to the owner

in advance, preferably in writing. If there is any change of canteen staff, the same should be

informed to AGM (Admn&HR) O/o GMTD Jodhpur in writing which is mandatory.

10. The Contractor shall be present every working day and ensure his attendance to the canteen

and to this effect shall also take a register to ensure redresses of any complaints concerning

canteen services.

11. The Contractor has to display the approved rates in rupees and Paisa per item served in the

canteen for the items to be served at Sardarpura Telephone exchange and Subhash nagar

administrative building Canteen as listed in Part II of tender documents enclosed herewith.

12.Any additional food items not mentioned in part II of tender document may also have to be

served by the Contractor if desired by the GMTD BSNL Jodhpur.

13.Accommodation with the available infrastructure, electricity for lighting, fan & water for

cooking, washing and cleaning of vessels, dishes, will be made available by BSNL and

Contractor should make his own arrangements for cooking gas. The Agency has to arrange his

own cooking gas connection and it will be the entire responsibility of the Agency to obtain

replenishments at its cost, and also to observe maximum safety while operating the gas. Loss

due to leakage of gas because of negligence of the Agency and its workers will be borne

by the Agency only. The Agency will bear all expenditure towards the cost of labour needed

for preparing the food and beverages.

14.The contract is for a period of one year and GMTD Jodhpur in his dicretion can

extend the validity of the contract /agreement for further one year at any time during the

currency with mutual consent .Contractor will vacate the premises in proper shape

after expiry of said period. The Agency undertakes to replace shortages of all items


22 22

handed over to it without any charge to both canteen and the items so replaced shall be

in conformity to the standard and quality handed over to the both canteen

15.Disputes of labour, etc., should be settled amicably. Any compensation on account of default

on labour rules, taxes etc., shall be borne by the Contractor. BSNL GMTD Jodhpur is in no way

concerned in settling these disputes.

16.The running of the canteen shall in no way interfere with the functioning of any office.

17.The Contractor will take over all the items of stock (fixed and moveable) available in the

canteen under acquittance and he shall be responsible for safe maintenance and return on

completion of the contract. The Contractor shall replace or arrange for payment of the costs of

furniture , fixture ,kitchen equipment catering materials ,Etc in case of theft ,loss & damage at

the prevailing market price. Utensils which belong to GMTD Jodhpur if any may be used in the

canteen and additional requirement should be met by the Contractor himself.

18. The Contractor may employ adequate number of employees at his expenses for smooth and

efficient running of canteen. He is responsible for proper and polite behaviour of his employees

in the canteen premises towards BSNL employees.

19. All wages etc., for the workers should be properly disbursed by him. The administration shall

not in any way be liable or responsible for any act of omissions or commissions by him in this

regard. The Contractor should pay sales tax or any tax imposed by the municipal corporation

and others having authority to do so. Such taxes shall be paid as and when they become

due to the concerned authorities with out any delay.

20. A responsible representative of the Contractor, namely the Manager or Supervisor shall

always be available in the canteen to manage the same to allow inspection by the

representatives/canteen committee or for any direction relevant to the running of canteen like

checking the hygienic condition of canteen/ change of menus/ provision of vegetables/

quantity/quality of food. If there is any change of manager or supervisor same should be

informed to GMTD Jodhpur, BSNL in writing which is mandatory. Other wise penalty is liable

to be levied invariably.

21. The Contractor should comply with the various provisions of Labour Laws.

22. The Contractor will be responsible for any payment under workman compensation Act.

23. Contractor should not sub-let the contract to a third party by the act of which he is liable for

Termination of contract within 24 hours and as well as forfeiting of Security deposit

24. No staff or representative of Contractor is allowed to use the canteen for any purpose other

than running of canteen.

25.Any legal disputes arising out of this contract shall have the jurisdiction within the Jodhpur

urban area.

26. In case of violation of any of the above Terms and conditions the services of the Canteen

servicing will be terminated within 24 hours.

27. The GMTD Jodhpur reserves the right of rejecting any or all of the services without

assigning any reason.


23 23

28. The rates, quantity of the eatables and other are enlisted separately as mention in Part II of

tender documents being the part of this agreement. The agency has serve Tea/Coffee and other

snacks on payment as per the rates agreed upon.

29.All disputes, differences and question arising out of or incidental to this agreement or in any

way touching or concerning this agreement or the subject matter thereof or the respective rights,

duties or liabilities or the parties under or in respect of this agreement (except provided for) shall

be referred to the sole arbitration of Chief General Manager Telecom, Jaipur or any person

nominated by him or in case his designation is changed or his office is abolished, to the sole

arbitration of any person appointed by the office who for the time being is entrusted whether or

not in addition to other function with the function of Chief General Manager Telecom, Jaipur by

whatsoever designation such officers may be called there in after referred to as "The said

officer". There shall be no objection to any such appointment that the person appointed is a

BSNL servant, if however he will not be one who had an opportunity to deal with the matter to

which this agreement relates or that in the course of his duties as such BSNL servant he has

expressed view on all or any of the matter in dispute or difference. The arbitrator, while acting as

such arbitrator shall not be bound to take any oral or documentary evidence and shall be a liberty

to take such evidence as he may in his absolute discretion think proper and that he will be at

liberty to proceed with the matter and here parties in the absence of any of some of them or their

legal and/or technical advisors without being liable for misconduct within the meaning of the

provisions of section 30 of the Indian Arbitration Act in this behalf. In the event of such

arbitrator to whom the matter is originally referred being transferred to vacating his office or

being any reasons, the said officer shall appoint another person to act as arbitrator in accordance

with the terms of the agreement, such persons shall be entitled to proceed with the reference

from stage at which it was left by his predecessors.

29.1 Subject to aforesaid, the Indian Arbitration Act, 1940 and the rules made there under and

any modifications thereof for the time being is force shall be deemed to apply to the arbitration

proceeding under this clause.

29.2 Upon every and any reference as aforesaid the assessment of cost incidental to the

reference and award respectively shall be in the sole discretion of the sole arbitrator. The venue

of the arbitration proceedings will be the premises of General Manager Telecom Jodhpur or such

other place as the sole arbitrator may decide. IN WITNESS WHERE of, the parties presents have

here into set their respective hands and seals the day and year first above written.

Signed Sealed and Delivered by the above named

Contractor in the presence of

WITNESS :

1.

Signed & Delivered on behalf of the

BSNL by the AGM (ADMN&HR).

2


24 24

Form No:.............

BHARAT SANCHAR NIGAM LIMITED

(A GOVT. OF INDIA ENTERPRISE)

TENDER DOCUMENT

Part – II

FINANCIAL BID

FOR SUPPLY OF CANTEEN ITEMS AT SUBHASH NAGAR GMTD OFFICE

&

SARDARPURA T.E. JODHPUR

Tender No.: G-5/Tender/ CANTEEN /15-16 / 01 Dated 10/02/2016

Issued to M/s...............................................................

Office of The

General Manager Telecom District

Subhash Nagar, Pal Road,

Jodhpur - 342008


25 25

TO BE SUBMITTED SEPARATELY IN FINANCIAL BID ENVELOPE

FINANCIAL BID 1 Tender No. G-5/Tender/ CANTEEN /15-16 / 01 Dated 10/02/2016

2 Name of Work. Supply of Canteen items in GMTD Office subhash nagar pal road

& T.E. Sardarpura Jodhpur

3 Name of Tenderer…………………………………………………………

SCHEDULE OF RATE daz-

la-

vkbVe dk uke fodz; djus dh nj

01 pk;¼flaxy½80 ,e,y :i;s------------izfr di

02 pk; ¼Mcy½120,e,y :i;s------------izfr di

03 dkWQh ¼flaxy½ 80 ,e,y :i;s------------izfr di

04 dkWQh ¼Mcy½ 120,e,y :i;s------------izfr di

05 xeZ nw/k 150 ,e,y :i;s------------izfr 150

,e ,y

06 yLlh ek[kfu;k 200 ,e,y :i;s------------izfr 200

,e,y di

07 feujy okVj (ISI ekdZ½ Nih gqbZ nj ij

08 fcLdqV@isDM uedhu czkUMsM Nih gqbZ nj ij

09 B.Ms is; inkFkZ

¼1½FkEl vi]dksdk dksyk] isIlh] fyEdk]

fefjUMk] LizkbZM]xksYM LiksV]ygj] lsou

vi]Lykbl flVªk vkfn

Nih gqbZ nj ij

lHkh fMQzsUV lkbZt es

¼2½ VsVªk isd QzwVh]tEihu] esaxks] yseu]

ikbusiy]xqok],iy

Nih gqbZ nj ij

¼3½ ljl Msjh ds lHkh inkFkZ tSls

NkN]nw/k ngh]Jh[k.M vkfn-

Nih gqbZ nj ij


26 26

daz-

la-

vkbVe dk uke fodz; djus dh nj

10 Ukedhu ¼[kkn~; ewaxQyh fQYVMZ rsy es½

¼1½ QzkbZM nky]feDlpj]nky eksB]vkyw

dh iiMh] cslu dh ikiMh-

:i;s --------izfr fdyks

¼2½eksVh lso :i;s --------izfr fdyks

¼3½ lekslk ¼ izfr 50 xzke ½ :i;s --------izfr ux

¼4½ dpkSjh cMh ¼izfr 75 xzke½ :i;s --------izfr ux

¼5½ dpkSjh NksSVh ¼izfr 50 xzke ½ :i;s --------izfr ux

¼6½ dksQ~rk ¼izfr 50 xzke ½ :i;s --------izfr ux

¼7½ fephZ cMk ¼izfr 50 xzke ½ :i;s --------izfr ux

¼8½ eBMh ¼izfr 50 xzke ½ :i;s --------izfr ux

¼9½ idkSMk ¼cslu½ :i;s --------izfr fdyks

uksV%& ;g isdst Vs.Mj gSA

;g njs lHkh dj lfgr nksuks dsUVhu es nh tk;sxhA

?kks"k.kk

EkSa@ge ;g ?kks"k.kk djrs gS fd mijksDr vkbZVeks dh vkiwfrZ esjs }kjk mijksDr

of.kZr njks ij dh tk;sxhA

Signature of Tenderer

Capacity in which signing.

Documents

BHARAT SANCHAR NIGAM LIMITEDtender.bsnl.co.in/bsnltenders/bsnltender/download.jsp?download... · (Admn&HR) % GMTD Jodhpur well ... 13. CORRUPT PRACTICES: i. Any bribe , ... influence