BSNL Tender

Embed Size (px)

Citation preview

  • 8/2/2019 BSNL Tender

    1/26

    Tender for Alarm Extension works

    Signature of Tenderer1

    BHARAT SANCHAR NIGAM LTD

    (A Govt. of India Enterprise)Office of the G.M.( Mobile Services)

    40 Vinayak Puram,Vikash NagarLucknow-226022

    TENDER No: CMTS/UP(E)/Project/ Alarm Extension /T- 08 /2009-10

    Cost of form Rs. 568/-( Rs. 500/- + 68/- T.Tax)

    Sl.NO:

    Issued to,M/s

    Signature of issuing officer

    BID DOCUMENTRate Contract For Alarm Extension up to BSC/MSC

    DLT 11-30-2009[M-9415192897,9792064777][[email protected]][vipin kumar][D-284 vibhuti khand,gomti nagar,lko.]

  • 8/2/2019 BSNL Tender

    2/26

    Tender for Alarm Extension works

    Signature of Tenderer2

    -2-

    BHARAT SANCHAR NIGAM LIMITEDOffice of the G. M. (Mobile Services)

    Lucknow-226024

    Tender No. : CMTS/UP(E)/Project/ Alarm Extn./T-08 /2009-10

    Name of work : Rate Contract for BTS Infra Alarm extension & associated works .

    Section Subject Page No.

    I NIT 3

    II How to Submit 4-5

    III Instruction & Guidelines to Bidders 6-8

    IV Condition of contract 9-20

    V Agreement 21

    VI Tenderer Profile 22-25

    VII Financial bid 26

    DLT 11-30-2009[M-9415192897,9792064777][[email protected]][vipin kumar][D-284 vibhuti khand,gomti nagar,lko.]

  • 8/2/2019 BSNL Tender

    3/26

    Tender for Alarm Extension works

    Signature of Tenderer3

    BHARAT SANCHAR NIGAM LIMITEDOffice of the General .Manager (Mobile Services )

    40 ,Vinayak Puram Vikash Nagar, Lucknow-2260022

    No. :- CMTS/UP(E)/DE MS Project/ Alarm Extension /T-08 /2009-10 Dated:- -11-2009.Notice Inviting Tender

    Separate wax /Tape sealed tenders are invited on behalf of CMD BSNL for RC for BTS Alarm extension upto BSC/MSC& associated works in Zone of Faizabad and sultanpur SSA of UP(E) Circle under CMTS Projectfrom experienced contractors. Terms & conditions are given below:-

    Tender schedule :1. Estimated cost of work : Approx. Rs. 2325600=00 (Rs. Twenty three Lacs fifty six thousand six hundred

    only )2. Cost of tender form : Rs. 568/- including VAT (Non refundable)3. EMD : 2.5% of estimated cost. ie Rs. 58140=004. SD : 7.5 % from Bills ( Total 10% including EMD )5. Period of contract : One Year6. Last date & time of sale of tender form : 15.12.2009 up to 16.00 hrs.7. Last date & time of submission of tender form : 16.12.2009 up to 14.00 hrs. 8. Date of Technical bid opening : 16.12.2009 / 15-00 hrs.9. Last date of query: All the query should be submitted up to one week before submission of bid to10. D.E. MS(Project) O/o GM MS (P&D) Lw. 40,Vinayak Puram Vikash Nagar , Lucknow-2260022 11. Mode of payment of Cost of form and EMD : in Cash at Cashier/ DD Bankers cheque & EMD in form of DD/

    Bankers cheque in favour of Sr.AO (Cash) O/o GM MS, Lucknow, Bharat Sanchar Nigam Limited.12. Type of Bidding : Two bid system.13. Complete tender document is available on www.upe.bsnl.co.in which can be down loaded for bidding purpose.

    Eligibility:1. Turnover : Average turnover of last three financial years ( 06-07, 07-08 and 08-09) should be equal to tender

    value, issued by Chartered Accountant.2. Experience : Experience of successful installation and commissioning of Telecom Eqpt and their associated

    works of the amount of Rs. Five lacs in BSNL/MTNL in three financial year ( 06-07, 07-08 and 08-09) .Experience Certificate should be issued by officer not below the rank of JAG level of BSNL/MTNL . 3. Registration :

    (a) Copy of PAN card.(b) Copy of Service Tax registration should be PAN Based in work Contract.

    ( c) Copy of TIN no. VAT Registration Opening of Financial Bid : - Financial Bid envelope properly sealed with wax/tape of those who qualify in thequalifying Bid will be opened on a later date which will be informed separately after verification of experiencecertificate & other eligibility documents of bidders by TEC from their issuing authorities .

    General instructions: The work in more than one zone will not be allotted to one bidder. Howerver a firm can bid for two zone.at a

    time for which bids are being opened on schedule date. All tenders, in whom any of the prescribed conditions are notfulfilled or are incomplete in any respect or without valid EMD are liable to be rejected.

    DGM MS (PROJECT) Lucknow has the right to reject any tender in part or full without assigning any reasonand is not bound to accept lowest tender.

    Details terms and conditions are available in the tender documents.

    Divisional Engineer(Project)O/o GM (MS) Lucknow

    DLT 11-30-2009[M-9415192897,9792064777][[email protected]][vipin kumar][D-284 vibhuti khand,gomti nagar,lko.]

  • 8/2/2019 BSNL Tender

    4/26

    Tender for Alarm Extension works

    Signature of Tenderer4

    SECTION-II

    HOW TO SUBMIT THE TENDER

    1- The Contractor must carefully read all Terms & conditions & Specifications before filling up the Tender.

    2- The tender will be in two Bid system.

    a) Technical Bid.b) Financial Bid.

    A) Technical Bid :- It will consist of followings:

    (i) All types of certificates (Self Attested)(ii) Technical Bid form duly signed by bidder.(iii) EMD/Cost of tender document In envelope-I. Marked as Technical Bid

    B) Financial Bid:- Financial Bid should be separated from Bid document and put in envelope-II Marked as Financial Bid duly fillclearly and signed.

    All these properly wax/tape sealed envelopes (I) & (II) will be kept in big envelope duly wax/tape sealed & addressed toDE(Project), O/o GM (MS) , 40,Vinayak Puram,Vikash Nagar Lucknow -226022 with tender No. Mentioned on envelope.

    3- Conditional tender will not be accepted.

    DLT 11-30-2009[M-9415192897,9792064777][[email protected]][vipin kumar][D-284 vibhuti khand,gomti nagar,lko.]

  • 8/2/2019 BSNL Tender

    5/26

    Tender for Alarm Extension works

    Signature of Tenderer5

    SECTION II

    BID FORM

    No. :- CMTS/UP(E)/DE MS (Project/ Eqptt. Instln./T- 08 /09-10 Dated:- -2009

    To,The DGM MS (PROJECT),O/o GM (Mobile Services)40,Vinayak Puram,Vikash NagarLucknow-226022

    Dear Sir,

    Having examined the conditions of contract and specifications including addendaNo . the receipt of which is hereby duly acknowledged ,we , undersigned, offer to execute the work of RC for infra Alarm extension up to BSC/MSC&associated works for cellular systems in conformity with said drawings, conditions of contractand specifications as may be ascertained in accordance with the schedule of pricesattached herewith and made part of this Bid.We undertake, if our Bid is accepted, we will execute the work in accordance withspecifications, time limits & terms and conditions stipulated in the tender document.

    If our Bid is accepted, we shall submit the securities as per the conditions mentionedin the contract.

    We agree to abide by this Bid for a period of 180 days from the date fixed for Bidopening (Qualifying Bid) and it shall remain binding upon us and may be accepted at anytime before the expiry of that period.Until a formal Agreement is prepared and executed, this Bid together with your writtenacceptance thereof in your notification of award shall constitute a binding contract betweenus.

    Bid submitted by us is properly sealed and prepared so as to prevent anysubsequent alteration and replacement.

    Dated this .. day of . ( 2009)

    Signature of authorized Signatory ..In capacity of .

    Duly authorized to sign the bid for and on behalf of .

    Witness

    Address.Signature

    DLT 11-30-2009[M-9415192897,9792064777][[email protected]][vipin kumar][D-284 vibhuti khand,gomti nagar,lko.]

  • 8/2/2019 BSNL Tender

    6/26

    Tender for Alarm Extension works

    Signature of Tenderer6

    SECTION-IIIINSTRUCTIONS & GUIDELINES TO TENDERERS

    1. The contractor must carefully read all the terms and conditions & specifications, before filling up the tender

    schedule and its quotation.2. Brief Description of BTS Infra Alarm:The work will include :-

    2.1 Alarm extension , connecting laying cable up to BTS Site with material .2.2.1.1 Installation , Commissioning and alarm cable extension upto BTS Krone as per specification .2.2.1.2 Commissioning , testing of all the alarm upto BSC/MSC and taking certificate from BSC/MSC

    In charge.. Extending ,Commissioning & Testing of all the infra alarm in OSS of GSM network (BSC/MSC) and taking certificate from BSC/MSC , In-charge in r/o following alarms :-1. Mains fails2. DG On3. Diesel low4. Temperature High5. BTS Battery low6. Cabin Door open7. DG Battery low8. Fire

    3. Important consideration :Any clarification on the details of the work can be obtained from the DET MS(Project),LW up to one week

    prior to the date which is specified for opening of tender.3.1 Contractors who are confident of executing the work in time by employing the required resources, men andmaterials, may only participate in this tender offer.4. Construction Equipment:

    The contractor shall arrange at his own expense all tools /testers plants and equipments required forexecution of the works. No tents, tools, pumps for de watering etc., or any type of the machinery or equipments willbe supplied by the department for carrying out any portion of work. The contractor should be in position to deploy anymachinery or equipments or tools to execute the job with in the time schedule specified in the individual work orders.5. Submission of tenders:5.1 Tenders can be submitted personally and also by Speed Post/Registered Post/by hand in prescribed forms placed in

    sealed covers super scribed "Tender for BTS infra Alarm Extension & associated works for Cellular systems.5.2 Tender received in covers not sealed will not be opened or considered.5.3 Closing the cover by gum will not be treated as sealed cover. The cover should bear the seal of the tendererover sealed wax properly fixed on the cover.5.4 If tenders are sent in double covers, both the inner and outer covers are to be sealed as mentioned above.5.5 The contractor should certify and affix his signature on each and every page of the tender document and returnit along with his tender offer, as a token of his acceptance of each of the condition specified on each page of the tenderdocuments.5.6 Any attempt for negotiation direct or indirect on the part of a tenderer with the authority to whom he hassubmitted the tender or the authority who is competent finally to accept it after he has submitted his tender orendeavors to secure interest for actual or prospective tender or to influence by any means the acceptance of theparticulars tender will render the tender liable to be excluded from consideration.5.7 The tenderer will be bound by all terms, conditions and specifications as detailed in this tender document.

    5.8 Any tender with condition other than those specified in the tender document is liable to the summarilyrejected. No modification by the contractor of any of the conditions will be permitted after tender is opened.5.9 No communication from the contractor in the form of any clarification or information/document lost sight of in the original tender etc. will be given any consideration unless any such clarification has been sought for by the DEMS(Project) LW.5.10 No tender without the prescribed EMD accompanying it will be considered for acceptance.5.11 Copy of PAN is to be submitted along with tender document.5.12 Late tender, tenders received either by post or courier service or in person after the specified time will not beopened or considered.5.13 No tender will be received in person by the DE MS (Project) LW or any other staff subordinate to him. Anybidder wanting to deliver the tender in person should deposit the tender in tender box kept in the office of DGM MS

    DLT 11-30-2009[M-9415192897,9792064777][[email protected]][vipin kumar][D-284 vibhuti khand,gomti nagar,lko.]

  • 8/2/2019 BSNL Tender

    7/26

    Tender for Alarm Extension works

    Signature of Tenderer7

    (PROJECT) LW. The slit of tender box will be sealed immediately after the specified time for receipt of tender. Anytender presented in person by any contractor his representative after the tender box is sealed will not be received eitherby DE MS(Project) LW or by any of his subordinates.5.14 Tender sent by post, if delivered by the postmen after the expiry of specified time will only be recorded andnot opened or considered. Such tenders will be opened only when the request is made by the bidder that any demanddraft/bank guarantee/pay order enclosed as EMD may be returned in original. The other document will only berecorded and not returned.

    5.15 Incomplete tender form will be summarily rejected without giving any cause. However, DGM(Proect)MS,LW reserves the right to consider incomplete tender also if he thinks that it is beneficial to the BSNL.

    6. Document to be submitted with tender:The tender is to be submitted in two PROPERLY SEALED (with WAX or sealing tape) envelop(s),

    containing;First Envelop Technical Bid Containing EMD , Signed Tender Document , Copy of

    certificates regarding Annual turnover of respectivebusiness , Experience certificates , PAN , Service Tax(Attested copies) .

    SecondEnvelop

    Financial Bid Tender offered rate sheet (schedule of work).

    Both Sections Technical Bid and Financial Bid should be kept in tw o separate envelops. On both the

    envelops the name of the firm and whether Technical OR Financial bid must be clearly mentioned.These two envelops are to be placed inside an outer envelop, sealed properly (with wax or sealing tape).7. Earnest Money:7.1 2.5% Earnest money may be paid separately in the form of account payee demand draft from anyNationalized Bank situated at Lucknow drawn in favour of the. A O(Cash) MS BSNL , Lucknow payable at Lucknow.7.2 No interest shall be allowed on the Earnest money deposited by bidder. The Earnest money of unsuccessfulbidder will be refunded with in a reasonable time after final decision of the tender refunded with out any interest,normally with in three months from the date of opening of tenders.8. S ecurity:

    EMD of successful bidder will be converted into Security Deposit and the remaining amount will bededucted @ 7.5% from each bill till required security ( i.e. 10% of the estimated cost. ) is recovered.

    9. Refund of security deposit:(a). The security deposit shall be paid back to the contractors after a satisfactory warranty period of six monthsfrom the date of satisfactory completion of work and final acceptance of BSNL. The contractors shall remain liable to

    the BSNL respect of any shortfall or discharge liabilities notwithstanding return of security deposit.10. Tender schedule:

    The schedule is schedule of items of works & quantities.10.1 The tender schedule is to be read in conjunction with, instructions and guidelines to bidders specifications &diagram and other tender documents and the tender and contractor shall be deemed to have carefully examined all thesedocument. It is further understood and agreed that the contractor, by careful examination, satisfied himself as to thenature and location of the work, the configuration of ground, site conditions, the character of equipments and facilitiesneeded preliminary to and during the execution of work, the general and local conditions, the labour conditionsprevailing thereof, the detailed description of work to be done and the way in which they are to be carried out with intime schedule and all other matters which can in way fact the works under the contract, the specification for the entirework are to be read together and not in isolation.10.2 The quantities indicated for various items of work in the tender schedule are approximate and are not to betaken as firm figures. All works shall be measured by DE MS(Project) LW or his authorized representative and paidfor on the basis of actual work at the rates tendered. Any change finally effected shall be binding on the bidder.

    Contractor as though included in the original tender schedule and any change make the agreement void and it is,therefore, essential that the bidder, examine all the documents carefully and does not commit any mistake in analyzingthe rate as the rate quoted shall be and remain binding not with standing any changes as aforesaid and no revision of tendered rates shall be considered on any ground whatsoever.11. Quotation of rates for schedule:

    All items of work included in the schedule should be quoted.11.1 The bidder will quote the rates in English both in figures as well as in words. The rate quoted in words will bethe correct basis and not the rates shown in figure.11.2 In the case of illiterate contractor, the rates tendered should be attested by witness.11.3 All corrections, additions and alternations in the entries and tender papers will be signed in by the tendderer .

    No errors or over writings shall be permissible unless attested under the signature of the bidder .DLT 11-30-2009[M-9415192897,9792064777][[email protected]][vipin kumar][D-284 vibhuti khand,gomti nagar,lko.]

  • 8/2/2019 BSNL Tender

    8/26

    Tender for Alarm Extension works

    Signature of Tenderer8

    12. Rejection of tenders:The DGM MS (Proj), LW reserves the right to accept or reject any or all tender on the following groundswith out assigning any reason whatsoever.

    (a) Consideration of any tender not supported by the requisite Earnest Money deposit in the manner providedtherein.

    (b) Consideration of any tender/offer which change the term and conditions (other than those envisaged in the

    contract document sold) altered, constructions, specifications, or time limits set.(e) Rejection of any or all the tenders received without assigning any reason thereof and will not be bound toaccept the lowest tender.

    13. Validity: (a) Tenders submitted by the bidders will remain valid for acceptance for a period of 180 days from the date of opening of the tender. The bidders shall not be entitled during this period without the consent in writing of DGMMS (PROJECT) LW to revoke or cancel his tender or to vary the tender submitted or in terms thereof. Thetenders awarded shall remain valid for a period of one year at the same rate from the date of signing of theagreement. (b).The BSNL also reserves the right to enhance the quantity agreed upon limited to 25% of the value of thecontract on approval of DGM MS (PROJECT) LW.

    14. Signing of the contract agreement :The successful bidder after depositing security deposit shall be required to execute an agreement on a non

    judicial stamp paper of Rs.100=00 only at his own cost and in the form annexed hereto In the event of failure of bidderto sign the agreement with in fifteen days of being called upon to do so after the acceptance of the tender, or in theevent of his failure to start the work as stipulated, the amount of Earnest money and/or initial security deposit shallstand fore fitted to the BSNL and the acceptance of the tender shall be considered as revoked.15. These instruction to the bidder shall be deemed to form part of the agreement/contract for the work.

    DLT 11-30-2009[M-9415192897,9792064777][[email protected]][vipin kumar][D-284 vibhuti khand,gomti nagar,lko.]

  • 8/2/2019 BSNL Tender

    9/26

    Tender for Alarm Extension works

    Signature of Tenderer9

    CONDITIONS OF CONTRACT

    1.0 Definitions :

    The contract means the documents forming the tender and acceptance there of and the formal agreement

    executed between Bharat Sanchar Nigam Limited and the contractor with documents referred to therein including thecondition of contract, the specifications, designs, drawing and instructions issued from time to time by the BSNL andall these documents taken together shall be deemed to form one contract and shall be complimentary to one another.1.1 In the contract, the following expressions shall unless where the context otherwise required have the meaninghere by respectively assigned to them,1.2 The expressions "Works" or "Work" shall unless and otherwise defined section-I but it will also includeoriginal, altered, substituted or additional work.1.3 The "SITE" shall mean the land and/or other places on into or through which work is to be executed under acontract or any adjacent land, path or street through which work is to be executed under a contract or any adjacent land,path or street which may be allotted or used for the purpose of carrying out the contract.1.4 "SITE ENGINEER" shall mean a Sub Divisional Engineer of the BSNL who may be placed by theD.E.T.MS(Admn) ,LW as in-charge of the work at site at any particular period of time.1.5 The contractor shall mean the individual or firm or company whether incorporated or not undertaking theworks and shall include the legal personal representative or such individual or persons composing such firm orcompany or successors of such firm or company and the permitted assignees or such individual or firm or company.1.6 The "Engineer-in-charge" means the DE MS(Project) LW who shall supervise and shall be in-charge of theworks at any time or who shall sign the contract on behalf of the BSNL.1.7 "BSNL" or Bharat Sanchar Nigam Limited shall mean the A Govt. of India Enterprise.1.8 The "BSNL" will mean the Bharat Sanchar Nigam Limited, A BSNL of A Govt. India Enterprises.

    A. All references are:-i. Bharat Sanchar Nigam Limitedii Cheif General Manager Telecom East UP Telecom Circle, Lucknow.iii G.M.MS(P&D) Lucknow.iv. Dy.G.M.MS(P&D), LW.v. D.E.T(Project)MS , Lucknow.vi. Sub Divisional Engineer under DETMS(Project) Lucknow.Vii Junior Telecommunication Officer under DE(Project) O/O GM(MS) Lucknow.viii. Accounts officer/ Sr. Accounts Officer.ix Assistant/Junior Accounts Officer.x. Or any other officer notified from time to time.B. In various clauses shall be taken to mean:-I. Bharat Sanchar Nigam Limited under the Ministry of Communication, BSNL of India.

    II. The Officers in their respective Grades/Groups employed in the DE MS(Project) LW0/o DGMMS(P&D), LW by whatever designations are assigned to them from time to time and who may be in-chargeof direction, execution supervision, testing, acceptance maintenance of accounts and disposal of claims ,

    fromtime to time and included their successors in office

    III. Words imparting the singular number include the plural number and vice-versa.2. Period of validity:

    Tender will be valid for the period of one year since date of agreement which can be extended to further oneyear subject to mutual agreement between vender & BSNL at the same rates, terms & conditions .

    3 Detail of installation material for infra Alarm

    DLT 11-30-2009[M-9415192897,9792064777][[email protected]][vipin kumar][D-284 vibhuti khand,gomti nagar,lko.]

  • 8/2/2019 BSNL Tender

    10/26

    Tender for Alarm Extension works

    Signature of Tenderer10

    A- Extension of Infra alarm ( Connecting , laying of alarm cable upto BTS crone )Sl. No. Work1 Supply and laying of PP Alarm 3 Pair Cable2 Supply and laying of DG Alarm 5 Pair Cable

    3 Supply of BTS Alarm3 Pair Cable

    4 Supply and installation of Krone 10 pair5 Tie,Lugs Tape,Conduite Pipe as required6 Installation, testing Commissioning,of all the Alarm up to BSC/MSC Certificate of alarm extension

    must be acquired from BSC/MSC Incharge

    B Extension of Fire & temperature alarm at NBSNL Sites as per requirement if not done byElectrical wing .

    1 Supply and installation of Alarm panel (2 Zone) - 48 Volt - ISI make2 Supply and installation Fire Sensor - Operating Volt 48V

    3 Supply and installation Temperature Sensor - Operating Vol.48 VSupply and installation Door Switch/Door Sensor

    4 Supply and laying of Twin core 1.5Sq.mm Armoured Cu cable

    All the installation activity to be covered under A Sl. No.4

    4.0 Scope of Work :-Extending ,Commissioning & Testing of all the infra alarm in OSS of GSM network (BSC/MSC)

    and taking certificate from BSC/MSC , In-charge in r/o following alarms :-1 Mains fails2. DG On3. Diesel low4. Temperature High

    5. BTS Battery low6. Cabin Door open7. DG Battery low8. Fire

    4.5 Not with standing anything else here in stated, the contractor shall furnish and pay for all supervision, labour,tools, supplies, construction equipments and consumable materials as may be necessary for the performance of thework and the cost of these shall be included in the unit construction prices quoted by the bidder at the time of submitting his tender and payable to contractor. Expenditure of all these will be borne by the contractor and no overand above payment will be made.5. Guarantees:

    In addition to any or all other guarantee and warranty mentioned in the contract document, the contractorguarantees that the entire work will be done in the satisfactory manner and free from any defects in workmanship andfinish and in the conformity in all respects with the specifications and directions. The contractor also undertakes torepair or replace as the case may be at his own cost and risk any part of the works which may damage or that maydevelop any defects due to bad workmanship or otherwise due to the faults of the contractor with in a period of onemonth after the written final acceptance of the works by the BSNL.6. Method and manner of performances:

    The contractor shall be independent contractor and shall have complete charge of the men engaged in theperformance of the works to be performed here under and shall perform the works accordance with his own methodsand at his own r isk, subject to compliance with the contract documents. The contractor shall through out the stipulatedperiod of the contract execute the works in the best and most substantial like manner, and both as regards materials andotherwise in respect, in strict accordance with the contract document or such other particulars, instructions anddrawings as may be found requisite to be given during carrying on the works. Enforced good order among hisemployees and shall not employ on the works any unfit person or any one not capable or not properly qualified toproperly perform the work assigned to him. The contractor shall also not employ in respect of the works or discontinue

    DLT 11-30-2009[M-9415192897,9792064777][[email protected]][vipin kumar][D-284 vibhuti khand,gomti nagar,lko.]

  • 8/2/2019 BSNL Tender

    11/26

    Tender for Alarm Extension works

    Signature of Tenderer11

    to employ in respect of the works any employee that the DGM MS (PROJECT) ,LW /Site engineer may for any reasonobject to.7. Insurance:

    Without limiting any of his other obligations or liabilities, the contractor shall at his own expense, take andkeep comprehensive insurance including third party risk for the plant, machinery, materials, etc brought to the site orat stores and all the work during the execution. The contractor shall also take out workmen's compensation Insuranceas required by law and undertake to indemnify and keep indemnified the BSNL from and against all manner of claims

    and demand and losses and damage and cost (including between attorney and client) charges and expenses that mayarise in regard the same or that the BSNL may suffer or incur with respect to and/or incidental to the same.

    8. Representative of the BSNL :The representative of the BSNL will be as mentioned in Definition.

    9. Representative of contractor: 9.1 The contractor shall furnish to the BSNL, the scheme of his intended organization for the contracted work,naming his superintendent. The superintendent has sound knowledge of the technical specifications. The contractorshall have on each site superintendent being authorized to represent the contractor on his designated section work, towhom the BSNL's representative can make known decisions authorizations and interpretations. The contractor shallwith in one day after the execution of the contract/agreement notify the BSNL the name(s) and address(s) of thesuperintendent along with specimen signatures in terms of site allocations. Any change in name and address of superintendent notified as aforesaid shall be promptly intimated writing to the BSNL. Notices given in writing to thesuperintendent shall be deemed to be notices given to the contractor. The contractor shall also have a Manager fullauthorized to represent contractor on matter involving more than one section of work, notification in respect of whomshall like wise be given to the BSNL and who shall likewise be the contractor's representative in terms aforesaid.9.2 The contractor or his superintendent shall be in attendance of the site(s) during all working hours and shallsuperintendent the execution of the works as per specifications.

    10. Interpretation of the contract documents: The BSNL will be the sole interpreter by itself in case of any ambiguity in the interpretation of the agreement.

    11. Changes and Extra work:11.1 "Changes" as used here in means a substitution for, or omission of, any item of work or other requirementswith in the general scope of work, the performance of or compliance with which is contemplated by the contractdocument.11.2 "Extra work as used here in means any work or compliance with any requirement, other than a change whichis not expressly or implied contemplated by the contract documents and which is necessary to be performed for theproper completion of the contracted work. For the purpose of clarifications, it is declared that, any work or operationwhich shall be necessarily incidental to the proper performance of any item of work or part of there of shall be deemedto have been by implication provided for in the relevant item of work or part here of and shall not constitute extrawork.11.3 The BSNL 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 contractor.11.4 The contractor shall not undertake or make any change or do any work under this contract unless he hasreceived written instructions from BSNL.11.5 The contractor shall not be entitled to any compensation in addition to the contract price for the performanceof any work not envisaged under the contract, unless prior to the performance of such work he has received from theBSNL written authorization to perform such work.

    11.6 For extra work with in the scope of this contract, the contractor will receive extra compensation on the basisof lump sum unit price as may be agreed upon in advance between the BSNL and contractor.11.7 In case of such work, where in interpolation of the rates are possible such rates shall be accepted by both the

    parties.11.8 If the altered, additional or substituted work include any work for which no rates are specified in the contractfor the work can be derived from similar class of work in the contract, then such work shall be carried out at the ratedetermined by the BSNL on the basis of the prevailing market rate where the work was done.11.9 If the rate for the altered, additional or substituted work can not be determined in the manner specified above,then the contractor shall with in seven days of the dates of receipt of order to carry out the work, inform the BSNL of the rate if it is his intention to charge for such class of work supported by analysis of the rates or rates claimed and theDGM MS (PROJECT) LW shall determine the rate on the basis of prevailing market price and pay the contractoraccordingly. However the BSNL by notice in writing will be at liberty to cancel his order to carry out such class of work and arranged to carry it out in such manner as he may consider advisable.

    DLT 11-30-2009[M-9415192897,9792064777][[email protected]][vipin kumar][D-284 vibhuti khand,gomti nagar,lko.]

  • 8/2/2019 BSNL Tender

    12/26

    Tender for Alarm Extension works

    Signature of Tenderer12

    11.10 More than one zone not be allotted to one bidder. The work can be shifted to other zone to any of the zoneand bidder may got more work for other zone irrespective of his allotted zone depending upon quality and performanceof work by the competent authority.

    `

    12. Quality of work: The contractor shall be and remain responsible for complete and proper compliance with the contractdocuments and the specifications there in. The BSNL shall be the final judge of the quality of the work and satisfactionof the standards in respect there of set forth in the contract documents. Any non-compliance with the contractdocument & specifications there in shall be treated as breach of contract. The BSNL has the r ight to prohibit the use of men and any tools, material and equipment's which in his opinion do not produce work or performance, meet therequirement of the contract Documents.

    13. Safe custody of materials :The contractor shall be responsible for all materials furnished or supplied by the BSNL while in the

    contractor's custody whether, or not installed in the work.

    14. Notification: The contractor shall give in writing to the proper person or authority with a copy to the DET MS(Project) LW

    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 theproposed operation to permit proper co-relation of activities and the contractor shall keep all the proper persons orauthorities regularly advised of the progress of operation through out the performance of the work together with suchinformation and/or supporting figure as data may from time to time as directed or required.

    15. Delays of construction: The BSNL will make every reasonable effort to furnish material required to be furnished by it under the

    contract and made available in due time so as not to delay construction. The BSNL however not to be liable to thecontractor for any losses or damages, costs charges or expenses that the contractor may in any way sustain suffer due todelay in making the above available. However an extension in time schedule may be admitted on the above reasons.

    16. Shut down on account of weather condition: 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 BSNL or deemed advisable on account of bad weather condition or otherforce major condition.

    17. 0 Refund of security Deposit:17.1 The security deposit (including the retention money in the running bills) or a part of thereof, or such balancethereof if any as may remain after there deduction there from in respect of any outstanding bills of the contractor to theBSNL shall be paid back to the contractor on submitting a pre-receipt to the A.O.(Cash) after a satisfactory guaranteeperiod of three months for the works costing less than rupees 20,000=00, 6 months for works costing less than onelakh and over Rs. 1 lakh one year from the date of satisfactory completion of work and final acceptance by the BSNL.The contractor shall remain liable to the BSNL in respect of any short fall and or discharge liabilities not with standingreturn of security deposit or any part thereof.17.2 No interest will be payable on the earnest money or the security deposit or the amount payable to thecontractor under the contract.17.3 Refund of security deposit is subject to full and final settlement of the final bill for the work contracted/executed under the contract.

    18.0 Easements permits, licenses and other facilities: .18.1 The contractor shall be responsible for obtaining at his expense such licenses, permits and facilities as arenecessary for the contractor to operate and do business in the Republic of India and the states in which the work is tobe performed.18.2 The contractor is to confine his operation to be provided construction " right of user" unless it has made otherarrangements with the particular property owners and/or tenants such other arrangements shall be entirely at theresponsibility of the contractor as to cost and arrangement as also breach and claims and shall be entitled with a copy tothe department.

    DLT 11-30-2009[M-9415192897,9792064777][[email protected]][vipin kumar][D-284 vibhuti khand,gomti nagar,lko.]

  • 8/2/2019 BSNL Tender

    13/26

    Tender for Alarm Extension works

    Signature of Tenderer13

    19. Protection of life and property and existing facilities: 19.1 The contractor is full responsible for taking all possible safety precautions during preparation for and actual

    performance of the works, and for keeping the construction site in a reasonable safe condition. The contractor shallprotect all life and property from damage or losses resulting from his construction operations and shall minimize thedisturbance and inconvenience to the public.19.2 The contractor shall be solely responsible for locating through approved no-destructive means and ensuringthe safety of all existing underground pipelines, electrical cables, and or other structures.

    19.3 The contractor shall be solely liable for all expenses for and in respect of repairs and/or damage occasioned byinjury of or damage to such underground and above structures or other properties and undertake to indemnify and keepindemnified the BSNL from and against all action, cause of actions, damages, claims and demand whatsoever either inlaw or in equity and all losses and damages and costs (including between attorney and client), charges and expenses incondition there with and/or incidental there to the contractor shall take all the responsibilities and risks in crossingother pipelines and shall be responsible for protecting all such existing pipe lines, poles, electric lines, sewers, cablesanother facilities from damage by the contractor's operation in connection with the work. Any damage incurred shall bepromptly repaired by the contractor withoutcost to the BSNL.19.4 The current market value of any commodities lost as a result of any damage to the aforesaid existing facilitiesshall be paid by contractor together with such additional sums necessary to liquidate the personal of property damageresulting therefrom.

    20. Indemnities:20.1 The contractor shall all the times hold the BSNL harmless and indemnify from against all actions, suits,proceedings works, cost, damages, charges, claims and demands of every nature and descriptions brought or procuredagainst BSNL its officers, and employees and forthwith upon demand and without protest or demur to pay the BSNLany or all losses and damages and costs(inclusive between attorney and client) and all costs incurred in endorsing thisor any other indemnity or security which the BSNL may now or at any time have relative to the work or at any timehave relative to the work or the contractor's obligation or in protecting or endorsing it is right in any suit or other legalproceedings, charges and expenses and liabilities resulting from or incidental or in connection with injury, disease ordisablement to or death of any person(s) including employees of the contractor or damage to property resulting from orexisting out of or in any way connected with or incidental to the operations caused by the contract documents. Inaddition the contractor shall reimburse the BSNL or pa y to the BSNL forth addition the contractor shall reimburse theBSNL or pay to the BSNL forth with or demand with out protest or demur all costs, charges and expenses and lossesand damages otherwise incurred by it in consequences of any claims, demand and actions which may be broughtagainst the BSNL arising out of incidents to or in connection with the operation covered by the contract.20.2 The contractor shall at his own cost at the BSNL request defend any suit or other proceeding asserting a claimcovered by this indemnity, but shall not settle, compound or compromise any suit or other finding without firstconsulting the BSNL.

    21. Compliance with laws and regulations:During the performance of the works the contractor shall at his own cost and initiative fully comply with all

    applicable laws of the land and with any and all applications by laws, rules regulations and orders and any otherprovisions having the force of law made or promulgated or deemed to be made or promulgated by the BSNL, BSNLagency or department, municipal board, BSNL or other regulatory or authorized body or persons and shall provide allcertificate of compliance there with as may be required by such applicable law by laws, rules, regulations, ordersand/or provisions. The contractor shall assure full responsibility for the payment of all contributions and pay all tooltaxes, as to its employees, servants or agents engaged in performance of the work specified in the contract documents.

    22. Optional termination by BSNL (other than due default of contractor):

    22.1 The BSNL may, at any time, at its option for reasons other than breach of contractor concerned under clause23 cancel or terminate this contract by written notice to the contractor in which event the contractor shall be entitled topayment for the work done up to the time of such cancellation and a reasonable compensation in accordance with thecontract balance prices for any additional expenses already incurred for work exclusive of purchases and/or hire of material, machinery and other equipment for the use in or in the work.22.2 In the event of the termination of contract, the contractor shall forth will clear the site of all the contractor'smaterials, machinery and equipments and hand over possession of the work operation concerned to the BSNL or asthe BSNL may direct.22.3 The BSNL may, at its option, cancel or omit the execution one or more items of work under this contract andany part of such item(s) without any compensation whatsoever to the contractor.

    DLT 11-30-2009[M-9415192897,9792064777][[email protected]][vipin kumar][D-284 vibhuti khand,gomti nagar,lko.]

  • 8/2/2019 BSNL Tender

    14/26

    Tender for Alarm Extension works

    Signature of Tenderer14

    23.0 Taxes and Duties:Contractor shall pay all taxes except service tax, and duties payable or arising from out of by virtue of or in

    connection with and/or incidental to the contract or any of the obligations of the parties in terms of the contractDocuments and/or in respect of the works or operations or any part thereof to be performed by the contractor and thecontractor shall indemnify and keep indemnified the BSNL from and against the same or any default by the contractorin the payment thereof.

    24. Breach of contract: The BSNL may without any prejudice to this right against the contractor in respect of any delay or inferior

    workmanship or otherwise or to any other claims damage in respect of any breaches of the contract and withoutprejudice to any right and remedies under any of the provisions of this contract or otherwise and whether the date forcompletion has or has not elapsed by notice in writing absolutely determine the contract in any of the following case:-(i) If the contractor having been given by the D.E.MS(Project),LW a notice in writing to rectify, reconstruct orreplace any defective work or that the work is being performed in any inefficient or any otherwise improper or un work man like manner shall omit to employ with requirements of such notice for a period of seven days thereafter or if thecontractor shall delay or suspend the execution of the work so that either in judgments of the DGM MS (PROJECT)LW (which shall be final and binding) he will be unable to secure completion of the work by the date for completion orhe 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 companyshall be wound up or if a receiver or a manager on the behalf of stances shall arise which entitle the court or creditor toappoint 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 6.1 here of.24.1 When the contractor has made himself liable for action under any of the aforesaid, the DGM MS (PROJECT)LW or any other notified officers by the BSNL on the behalf of the Bharat Sanchar Nigam Limited shall have powers.(a) To determine or rescind the contract as aforesaid for which termination or rescission notice in writing to thecontractor under hand of the DE MS(Project) LW or any other officers notified by the BSNL shall be conclusiveevidence. Upon such determination or rescission the security deposit of the contractor shall be liable to be forfeited andshall be absolutely at the disposal of BSNL.(b) To employ labour paid by the BSNL and to supply material to carry out the works or any part of the work debiting the contractor with the cost of the labour and the price of materials (of the amount of which cost and pricecertified by the DE MS(Project) LW shall be final and conclusive against the contractor) and crediting him with thevalue of the work done in all respect in the same manner and the same rates as it has been carried out by the contractorunder the terms of contract. The certificate of the DE MS(Project) LW as to the value of the work done shall be finaland conclusive against the contractor), provided always that action under the sub-clause shall only be taken after givingnotice in writing to the contractor. Provided also if the expense incurred by the BSNL are less than the amount payableto the contractor at his agreement rates, the difference should not to 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 asshall be unexecuted out of his hand and to give to another contractor to complete in which case any expenses whichmay be incurred in excess of the sum which would have been paid to the original contractor if the whole work has beenexecuted by him (of the amount of which excess the certificate in writing of the DE MS(Project) LW shall be final andconclusive) shall be borne and paid by the original contractor and may be deducted from any money due to him by theBSNL under this contract or any other account or whatsoever or from his security deposit or the proceed of salesthereof or a sufficient part thereof as the case may be.24.2 In the event of any or more of the above courses being adopted by the DE MS(Project) LW the contractor shall

    have no claim to compensation of any loss sustained by him by reason of his having purchased or procured anymaterial or entered into any engagements or made any advances of account or with a view the execution of work or the performance of contract. And in case action is taken under any of the provisions aforesaid, the contractorshall not be entitled to recover or be paid any sum for any work thereto or actually performed under this contractunless and until the DE MS(Project) LW has certified in writing the performance of such work and the valuepayable in respect thereof and he shall only be entitled to be paid the value so certified.

    24.3 In case in which any of the powers conferred upon the DE MS(Project) LW by clause thereof, shall have becomeexercisable and the same shall not be exercised, the24.4 Non exercise thereof shall not constitute a waiver of any of the conditions here of and such power shall notwithstanding be exercisable in the event of any future case of default by the contractor and the liability of thecontractor for compensation shall remain unaffected in the event of DGM MS (PROJECT) LW putting in force all orany in powers vested in him under the preceding clause, he may, if he so desires after giving a notice in writing to thecontractor, take possession of (or at the sole discretion of the BSNL which shall be final) use as on hire (the amount of hire money being also in the final determination of the DGM MS (PROJECT) LW all or any tools, plant materials and

    DLT 11-30-2009[M-9415192897,9792064777][[email protected]][vipin kumar][D-284 vibhuti khand,gomti nagar,lko.]

  • 8/2/2019 BSNL Tender

    15/26

    Tender for Alarm Extension works

    Signature of Tenderer15

    stores, in or upon the woks, or the site thereof, belonging to the contractor or procured by the contractor and intendedto be used for the execution of work or any part thereof, paying or allowing for the same an amount at the contract ratesor, in the case of these not being applicable, at current market rate to be certified by the DE MS(Project) LW whosecertificate thereof shall be final, otherwise the DE MS(Project) LW by notice in writing may order the contractor, orhis clerk of the works, foreman or other authorized agent to remove such tools, plant, materials, or stores from thepremises (within and a time to be specified in such notice in the event of the contractor failing to comply with any suchrequisition, the DE MS(Project) LW may remove them all at contractor's expense or sell them by auction or private

    sale on account of the contractor and at his risk in all respects and the certificate of the DE MS(Project) LW as toexpense of any such removal and the amount of the proceeds and expense of any such sale shall be final and conclusiveagainst the contractor.25. Inspection and measurement: 25.1 All work under or in course of execution or executed in pursuance of the contract shall at all time be open tothe inspection and supervision of the DE MS(Project) LW and his authorized subordinate, and the contractor shall atall times during the usual working hours, and at all other times at which reasonable notice of the intention of the DGMMS (PROJECT) or his subordinate to visit the works shall have been given to the contractor, either himself be presentto receive order and instructions, or have a responsible agent duly accreted in writing present for that purpose. Ordergiven to the contracor's agent shall be considered to have the same force as if they had been given to the contractorhimself. The work during his progress can also be inspected by the DGM MS (PROJECT), LW and the GM(MS) orany authorized officers of the BSNL.25.2 The contractor shall give reasonable notice in writing to the DE MS(Project) LW. or his subordinate in charge of the work site before covering up or otherwise placing beyond the reach of measurements any work in order that thesame may be measured and correct dimensions there of taken before the same is so covered up or place beyond thereach of measurements and shall not cover up and place beyond the reach of measurement and work without theconsent in the writing of the DE MS(Project) LW or his subordinate in charge of the work site shall inspect the work,and if any work shall be covered up or placed beyond the reach of measurement with out such notice having beengiven or the DE MS(Project) LW consent being obtained the same shall be uncovered at the contractor's expense, or indefault thereof no payment or allowance shall be made for such work or the materials with which the same wasexecuted.

    26. Workmen's compensation: 26.1 In every case by virtue of the provisions of section 12, sub section 91) of the workmen's compensation Act,

    1923 GOVT. is obliged to pay compensation to a workman employed by the contractor, in execution of the works,BSNL will recover from the contractor the amount of the compensation so paid and, with-out prejudice to the right of the Govt. under section 12, subsection (ii).Of the said act, Govt. shall be at liberty to recover such amount or any part there of by deducting it from the securitydeposit or from any sum due by the BSNL to the contractor whether under this contract or otherwise. BSNL shall notto be bound to contest any claim made against it under Section 12, Subsection (I) of the said Act, except on the writtenrequest of the contractor and upon his giving to BSNL full security for all costs for which BSNL might become liablein consequence of contesting such claim.

    27. Labour Welfare: 27.1 In every case in which by virtue of the provisions, of the contract labor (Regulation and Abolition) Act 1970and of the contract labor (Regulation and abolition) central rules 1971. BSNL is obliged to pay any amount of wages toa workman employed by the contractor in execution of the works, or to incur any expenditure in providing welfare andhealth amenities required to be provided under the above said act and the rules, under clause 19 to 19(I) and 20 of PWD-8 or under the C.P.W.D. Contractor's labor Regulations, or under the rules framed by BSNL time to time for theprotection of health and sanitary arrangements for workers employed by C.P.W.D. contractors, BSNL will recoverfrom the contractor the amount of wages so paid or the amount of expenditure so incurred and with out prejudice to therights of the Govt. under section 20, sub section (2) and section 21, sub section (4) of the contract labor (Regulationand abolition) Act, 1970, Govt. shall be at liberty to recover such amount of any part there of by deducting it from thesecurity deposit or from any sum due by BSNL to the contractor whether under this agreement or otherwise. BSNLshall not be bound to contest any claim made against it under section 20, sub section (I) and section 21, sub section (4)of the said Ac t, except on the written request of the contractor and upon his giving to the BSNL full security for allcosts for which BSNL might become liable in contesting such claim.27.2 The contractor shall obtain a valid license under the contract labor from labor authorities (R&A) Act 1970 andthe contract labor (regulation and Abolition) central rules, 1971 before the commencement of the work, and continue tohave a valid license until the completion of the work.26.3 Any failure to fulfill the requirement shall attract the penal provisions of this contract arising out of theresultant non execution of the work.27.4 No labor below the age of eighteen years shall be employed on the work.

    DLT 11-30-2009[M-9415192897,9792064777][[email protected]][vipin kumar][D-284 vibhuti khand,gomti nagar,lko.]

  • 8/2/2019 BSNL Tender

    16/26

    Tender for Alarm Extension works

    Signature of Tenderer16

    28. Fair wages:28.1 The contractor shall pay to labor employed by him either directly or through sub contractors, wages not lessthan fair wages as defined as C.P.W.D. contractor's labor Regulations or as per the provisions of the contract labor(Regulations and abolition Act 1970 and the contract labor (regulation and abolition) central rules 1971, wheneverapplicable.28.2 The contractor shall notwithstanding the provisions of any contract to the contrary, cause to be paid fair wageto labor indirectly engaged on the work, in connection with the said work, as if the labor had been immediately

    employed by him.28.3 In respect of all labor directly or indirectly employed in the works for performance of the contractor's part of this agreement, the contractor shall comply with or cause to be complied with the central public works BSNLcontractor's labor regulations made by BSNL from time to item in regard to payment of wages, wage period, deductionfrom wages, recovery of wages not paid and deductions unauthorizely made, maintenance of wages books or wageslips, publication or scale of wages or and all other matters of like nature or as per provisions to contract labor(Regulation and Abolition) Central Rules, 1971, wherever applicable.28.4 The DE MS(Project) LW or his subordinate officials concerned shall have right to deduct from the moneydue to the contractor any sum required or estimated to be required for making good or loss suffered by the worker orworkers by the reasons of not fulfillment of the conditions of the contract for the benefit of the workers, non paymentof the wages or the deductions made from his or their wages which are not justified by their terms of the contract ornon observance of the regulations.28.5 The contractor shall comply with the provisions of the payment of the wages Act 1936 minimum wages Act1984, Employees liability Act 1938, workman's compensation Act 1923, Industrial Act 1947, maternity benefits Act1961, and the contractor's labor (Regulation and Abolition) Act 1970 or the modifications thereof or any other lawsrelating thereto and the rules made there under from time to time.28.6 The contractor shall indemnify BSNL against payments to be made under and for the observance of the lawsaforesaid and the CPWD contractor's labor regulations with out prejudice to his right to claim indemnify from his subcontractors.

    29. Other labour welfare measures:29.1 The contractor shall implement the labor welfare measures enunciated in clause

    19C,19D,19E,19F,19G,19H,19L,and 19J of the conditions contract t in the PWD.29.2 The contractor shall also follow the safety methods enunciated in the CPWD safety code29.3 The contractor shall comply with all the provisions of the Minimum Wages Act, 1948, Contract Labor (R&A)Act, 1970 and rules framed and other labor laws affecting contract labor that may be brought into force from time totime.

    30. Partnership firms :Where the contractor is a partnership firm, the previous approval in writing of the DGM MS (PROJECT) LW

    shall be obtained before any change partners.

    31. Audit and technical examination: 31.1 BSNL shall have right to cause an audit and technical examination of the works and final bills of thecontractor 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 thecontractor under the contract or any work claimed by him to have been done by him under the contract and found notto have been executed, the contractor shall be liable to refund the amount of over payment and it shall be lawful for theBSNL to recover the same from him in the manner prescribed in clause 38 above or in any other manner legallypermissible; and if it is found that the contractor was paid less than that what was due to him under the contract inrespect of any work executed by him under it, the amount of such under payment shall be duly paid by BSNL to thecontractor.31.2 Provided that the BSNL shall not be entitled to recover any sum overpaid, nor the contractor shall be entitledto payment of any sum paid short where such payment has been agreed upon between the DGM MS (PROJECT) LWon the one hand and the contractor on the other hand any term of the contract permitting payment for work afterassessment by the DE MS(Project) LW regarding the work not specified in the schedule of rates.31.3 Any sum of money due and payable to the contractor (including security deposit returnable to him) under thiscontract may be appropriated by the BSNL and set off against any claim of the BSNL for the payment of a sum of money arising out of under any other contract made by the contractor with the department.

    DLT 11-30-2009[M-9415192897,9792064777][[email protected]][vipin kumar][D-284 vibhuti khand,gomti nagar,lko.]

  • 8/2/2019 BSNL Tender

    17/26

    Tender for Alarm Extension works

    Signature of Tenderer17

    32.0 Penalty for delay in completion:32.1 The time allowed for completion of the work as entered in the tender shall be strictly adhered, by thecontractor and shall be deemed to be the most important aspect of the contract on the part of the contractor and shall bereckoned as entered into work order.

    The work shall through out the stipulated period of contract, be proceeded with all due diligence to achievethe desired progress uniformly and the contractor shall pay as penalty an amount equal to 1% (one) percent of the

    amount of the work awarded for every day delay in completion of work provided always that the entire amount of penalty to be paid under the provisions of this clause shall not exceed 10 (ten) percent of the cost of the tenderawarded.32.2 The DGM MS (PROJECT) LW reserves the right to cancel & terminate this contract at any time, aftercommencement of the work if in his judgment the work is being performed improper and the progress is slow. If aftercommencement of work the contract is terminated for improper work and slow progress the full security deposit shallbe forfeited to the BSNL in addition to recovery of penalty for delay, for this purpose the site in-charge will submitregular reports regarding progress of work with his comments.32.3 On any date, beyond stipulated time schedule, the contractor should proceed with the work further only ongetting a written instructions from a DE MS(Project) LW to allow the contractor to continue with the work on thebasis of any written agreement reached between the contractor and DE MS(Project) LW.32.4 However, in a particular case, if the DGM MS (PROJECT) LW is satisfied, based on the facts andcircumstances of the case, and also based on any written representation that the contractor may make in this regard,that delay in starting the work or the slow progress was due to reasons beyond the control of the contractor, and forreasons not attributable directly or indirectly to the contractor, the DGM MS (PROJECT) LW to waive the realizationof penalty for delay. Whenever such a decision has been taken, the contractor should ensure that the DE MS(Project)LW has obtained such approval and it has been communicated to the contractor in writing before proceeding furtherwith the work.32.5 Penalty for delay in completion of the work shall be recoverable from the bills of the contractor and/or byadjustment from the security deposit at the discretion of the department. However adjustment from security depositwill be made only when the contract has been terminated or at the time of final settlement of bills on completion of work.32.6 The DGM MS(Project) LW reserves the right to cancel the contract and forfeit the security deposit if thecontractor fails to commence the work with in 15 days after receipt of the work order after obtaining a report from theDET MS(Admn)LW.33. Extension of time limit: 33.1 It will be in the discretion of the DGM MS (PROJECT) LW to revise or modify or extend the time limitsspecified for the total work awarded to the contractor or to further specify the quantum of the work to be completedwith in specified period provided a written request has been received from the contractor explaining the reasons forwhich such extension of time asked for, and the DGM MS (PROJECT), LW in the particular case is convinced andsatisfied that, such extension or provisions or modification is in the interest of the BSNL. In such case, payment of penalty for delay becomes liable based on original.

    34.0 Stores supplies by the BSNL:All materials supplied to the contractor shall be absolute property the BSNL and shall not be removed from

    site of the work except for use the work and shall be at all times open to inspection by DE MS(Project) LW or by hisrepresentatives. In case, the materials like pipes and accessories are taken delivery of by the contractor and stored at thesite office/store of the contractor such site office store will also be treated "as site" for this purpose. Any such materialremaining unused at the time of the abandonment, completion or determination of the contract shall be returned to theDE MS (Project) LW at a place directed by him.

    35.0 Acceptance and measurement:35.1 Measurement of each item of work shall be recorded in Measurement Book (to be supplied by the department)by Junior Telecom Officer or any other subordinate official as decided by the DE MS(Project) LW as per constructionspecifications. The measurement shall be subject to cent per cent checked by the SDE in charge.35.2 All the measurements recorded in the measurement book shall be countersigned by the contractor in token of accepting the measurement recorded in the MB, No dispute regarding measurement will be entertained once the MB issigned by the contractor or his representative and any dispute should be raised before signing the MB or the nature of dispute should be recorded in the MB at the time of signing MB.

    DLT 11-30-2009[M-9415192897,9792064777][[email protected]][vipin kumar][D-284 vibhuti khand,gomti nagar,lko.]

  • 8/2/2019 BSNL Tender

    18/26

    Tender for Alarm Extension works

    Signature of Tenderer18

    36. Price variation: The BSNL shall not be responsible for any escalation in price of labors and materials, machinery, equipment,

    etc. whatsoever or any increase in any duties levies, or taxes in respect thereof whatsoever and the contractor rates andcontractor's obligation shall remain unaffected by such escalation and/increase.

    37. Force majure: In the event of either party being rendered unable by force majure to perform this contract, then the obligation

    of the party affected by such force majure shall be suspended for the whole period during which such cause lasts asuntil normal operations are resumed and when such cause ends the execution of this contract must be resumed with allreasonable dispatch should the execution of this contract be suspended by force majure then a corresponding extensionof completion date shall be automatically granted. The occurrence of a cause of force majure, however shall no relivethe BSNL, and its obligation to make payments to the contractor for the work satisfactorily executed prior thereto. Theterm force majure as employed here in shall mean Act of God, was declared or undeclared, hostilities, enemy actions,revolts, riots, legal lockout and illegal strikes, tidal waves, forest fires, major floods, explosions, earth quakes,epidemics, sabotage extraordinary Act and Regulation of central or State Govt. or Municipal Bodies.Upon theoccurrence of such of cause and termination, the party rendered unable as aforesaid shall notify the other party inwriting with in 72 hours of the beginning and ending dates, giving full particulars and evidences if required.

    38. Payment: The contractor may submit bills in two copies along with Certificate of Alarm Extension ,work order

    measurement recorded by the contractor's and the BSNL site representative for the works completed in a month dulyverified in all respect by the site engineers and certified by the DE MS(Project) LW Payments will be made to thecontractor against the bills to the extent of 90 % of amount with in 30 days of receipt of the bill duly verified andcertified after physical installation after successfully completion of deduction of 10% security deposit will berefunded after six month as per contract clauses.38.1 Income tax and Sales tax will be deducted at source as per rules in force. Necessary income tax and Sales taxdeduction certificate will be issued by the DE MS (Project) LW or the Account Officer detailing the amount sodeducted as tax at source at the time of payment of each bill.38.2 The bills are to be submitted in the manner and form that may be prescribed by the department. Accountspayee cheque for amounts passed in bills will be issued only after the contractor gives a stamped receipt for theamount, unless the bills are pre receipted.38.3 Any penalty due shall also be recoverable from the bills submitted for payment by the paying authority.38.4 The security Deposit with the BSNL and the balance amount from the bills shall be considered for theadjustment against liquidated damages only at the time of passing the final bills.38.5 The final settlement of the bills and refund/adjustment/appropriation of bills of any amount retained from the

    running bills of the contractor shall be made fully after the BSNL is satisfied that all the contractual obligationshave been fully met and no amount remains due to recovery from the contractor on any account

    39 Service Tax will be paid by BSNL as applicable

    40. Final acceptance:

    Upon satisfactory completion of all the work provided for in the contract documents the DE MS(Project) LWshall notify the contractor in writing its final acceptance of the contractor's work by the DE MS(Project) LW. The restof all such repairs and corrections shall be borne by the contractor. Failure or neglect on the part of the DEMS(Project) LW or his representative to confirm or reject inferior work, not withstanding, final acceptance of thework or any part there of by the BSNL/the DE MS(Project) LW or his representative shall not be construed to implythe acceptance of such work. The provisions of this clause shall not in any way affect or limit the contractors liabilityunder the undertaking and guarantee contained in the contract document.41. General provisions:

    41.1 All works to be executed under the contract shall be executed under the direction and subject to the approvalin all respect of by the DE MS(Project) LW or his subordinate in-charge of work site. Who shall be entitled to direct atwhat points and in what manner they to be commenced, and from time to time carried on.41.2 If the contractor shall desire an extension of time for completion of the work on the grounds of his havingbeen unavoidable, hindered in its execution or on other ground he shall apply in writing to the DE MS(Project) LWwith in 10 days of the date of hindrance on account of which he desired such extension as aforesaid, and the DGM MS(PROJECT) LW shall, if in his opinion reasonable grounds be shown therefore authorize such extension of time if any, as may, in his opinion, be necessary or proper.

    DLT 11-30-2009[M-9415192897,9792064777][[email protected]][vipin kumar][D-284 vibhuti khand,gomti nagar,lko.]

  • 8/2/2019 BSNL Tender

    19/26

    Tender for Alarm Extension works

    Signature of Tenderer19

    41.3 If any time after the commencement of the work the President of India shall for any reason whatsoever notrequired the whole work thereof as specified in the tender to be carried out of the DE MS(Project) LW shall givenotice in writing of the fact to the contractor who shall have claim to any payment of compensation whatsoever onaccount of any profit or advantages which he might have derived from the execution of the work in full, but he did notderive in consequence of the full amount of the work not having been carried out, neither shall he have any claim forcompensation by reason of any alternations, drawings, designs and instructions which shall involve any curtailment of the work as originally contemplated.

    41.4 Provided that the contractor shall bed paid the charges for the cartage of material actually brought to the site of the work by the contractor and rendered surpluses as a result of the abandonment or curtailment of the work of anyportion thereof and then taken back by the contractor. Provided however, that the DE MS(Project) LW shall have in allsuch cases the option of taking over all or any such materials at their purchased price or at local current rates whichevermay be less.41.5 Whenever any claim against the contractor for the payment of a sum of money arises out of or under thecontract, BSNL shall be entitled to recover such sum by appropriating in part or whole the security Deposit of thecontractor, and to sell any BSNL promissory Notice etc. forming the whole or such part of such security. In the eventof the security being insufficient or if no security has been taken from the contractor, then the balance or total sumrecoverable as the case may be shall be deducted from any sum then due or which at any time there after may becomedue to the contractor under this or any other contract with BSNL. Should this not be sufficient to recover the fullamount recoverable, the contractor shall pay to BSNL on demand the balance remaining due.41.6 With out prejudice to any of the rights or remedies under this contract, if the contractor dies, theDGM/GM(MS) on behalf of the President shall have the option of terminating the contract with out compensation tothe contractor.41.7 No Engineer of gazetted rank or other gazetted officer employed in Engineering or administrative duties in anEngineering BSNL of India is allowed to work as contractor for a period of two years of his retirement from BSNLservice with out the previous permission of BSNL of India. This contract is liable to be cancelled if either thecontractor or any of his employee is found at any time to the such a person who hadn't obtained the permission of BSNL of India as aforesaid before submission of the tender or engagement in the contractor's service as the case maybe.41.8 In the event of the contractor being, adjudged insolvent or going voluntarily into liquidation of havingreceived order or other order under insolvency act made against him or, in the case of company, of the passing of anyresolution, or making of any order for winding up whether voluntarily or otherwise, or in the event of the contractorfailing to comply with any of the conditions herein specified, the DGM MS (PROJECT) LW shall have the power toterminate the contract with out previous notice.41.9 Contractor's heirs representative shall with the consent in writing of the DGM MS (PROJECT) LW, have theright to continue to perform the duties or engagements of the contractor under the contract, in case of his death. In theevent of the contractor, with such aforesaid transferring his business and in the event of the contractor being a companyand being winded up any time during a period of this contract for the purpose and with the object of transferring itsbusiness to any persons of company, the contractor shall make it one of the terms and stipulations of the contract forthe transfer of his properties and business, that such other person or company, shall continue to perform the duties orengagements of the contractor under this contract and be subject to this liabilities there under. 42. ARBITRATION:

    (I) In the event of any question, dispute or difference arising under the agreement or in connectionthere with except as to matter the decision of which is specifically provided under this agreement,the same shall be referred to sole arbitration of the General Manager (P&D) Mobile Services.BSNL of Telecommunications or in case his designation is changed or his office is abolished thenin such case to the sole arbitration of the officer for the time being entrusted whether in addition tothe function of the General Manager (P&D) Mobile Services. BSNL of Telecommunications or bywhatever designation such officers may be called (hereinafter referred to as the said officer) and if the General Manager(P&D) Mobile Services or the said officer is unable or unwilling to act assuch to the sole arbitration or some other person appointed by the General Manager(P&D)MobileServices or the said officer. The agreement to appoint an arbitrator will be in accordance with thearbitration and conciliation act, 1996.

    43 . Division of Work :-43.1 The tendered quantity can be divided among L1 & L2 bidders. at rates of L-1 bidder43.2 The Number of Bidders on whom the order is proposed to be placed

    No. of Bidders =2 L1 will get 60% of tendered qty.L2 will get 40% of tendered qty.

    In case of equal rates each bidder will get 50% work of tendered qty.DLT 11-30-2009[M-9415192897,9792064777][[email protected]][vipin kumar][D-284 vibhuti khand,gomti nagar,lko.]

  • 8/2/2019 BSNL Tender

    20/26

    Tender for Alarm Extension works

    Signature of Tenderer20

    Certificate for Alarm Extension

    All the alarms to be extended

    Site wise certificate to be furnished duly signed by bidder ,BSNL Site in/ charge (P&D) Lw.andBSNL Nodal person in case of non feasibility of infra alarm extension the same should be clearlymentioned against that Alarm

    Performa of certificate

    Name of BTS Site

    Date of Alarm Extension

    No. of Alarms extended by contractor..

    CMTS Phase & Name of Vendor.

    Sl.No.

    BTS Infra Alarm Alarms extended bycontractor

    Remark

    1 Mains Fail Alarm

    2 DG on Alarm

    3 Diesel Low Alarm

    4 Temperature high Alarm

    5 BTS Battery Voltage lowAlarm

    6 Cabin Door Open Alarm

    7 DG Battery Low Alarm

    8 Fire Alarm

    BSNL Nodal person BSNL Site Incharge Signature of Bidder

    Signature with Stamp Signature with Stamp Stamp

    DLT 11-30-2009[M-9415192897,9792064777][[email protected]][vipin kumar][D-284 vibhuti khand,gomti nagar,lko.]

  • 8/2/2019 BSNL Tender

    21/26

    Tender for Alarm Extension works

    Signature of Tenderer21

    SECTION -V

    (Proforma )

    AGREEMENT

    An agreement made this ................... ....day of ................ .................. between M/S (herein after called thecontractor) of the one part and Bharat Sanchar Nigam Limited (herein after referred as BSNL) of the other part.

    Where as the contractor has offered to enter into a contract for the............. ..................... ...................... ................under DGM MS (PROJECT) LW as per terms & conditions specifiedunder agreement & tender documents & rates mentioned in schedule annexed. And whereas the said contractor haspreviously to execution of these present deposited Rs.............................. ................ ................. .as part of security depositand has deposited a further sum of Rs .....................................................for satisfactory fulfillment's of contract.

    Now this present witness and it is hereby agreed and declared by and between the parties to these presents asfollows:-

    The contractor shall abide by the rules terms and conditions down in the conditions of contract & as per termsof tenders. Tender document will be integral part of this agreement.

    Signature of the contractorDivisional Engineer(Project)0/o GM(MS) ,Lucknow.

    DLT 11-30-2009[M-9415192897,9792064777][[email protected]][vipin kumar][D-284 vibhuti khand,gomti nagar,lko.]

  • 8/2/2019 BSNL Tender

    22/26

    Tender for Alarm Extension works

    Signature of Tenderer22

    Section VI

    Self AttestedPass port size Photo of bidder

    Tenderers Profile

    General (All items to be filled)

    1. Name of the tenderer /firm _______________________ 2. Name of the person submitting the tender Shri./Smt_______________________________________

    (In case of proprietary/ Partnership firm, the tender has to be signed by proprietor / Partner only,as the case may be )3. Address of the firm

    4 Tel no. (With STD code) (O).(Fax) (R)..5 Registration & incorporation particulars of the firm:

    i) Proprietorship

    ii) Partnership

    iii) Private Limited

    iv) Public Limited(Please attach attested copies of documents of registration / incorporation of

    your firm with the competent authority as required by business law)6 Name of proprietor /Partners/ Directors..

    ...

    7 Tenderers bank , its address and his current account number .

    ...

    8 Permanent Income Tax No .IncomeTax circle

    ...

    (Please attach a copy of last income tax return)11. Infrastructure capabilities :

    a. Capacity of engaging mazdoors per day ..

    b. Particulars of vehicles available with the tenderer:

    c. Type of Vehicle(s) Registration number

    12. Details of Technical and supervisory staffI/ We hereby declare that the information furnished above is true and correct

    Place:

    Date : Signature of tenderer / Authorised signatory.

    Nameof the tenderer DLT 11-30-2009[M-9415192897,9792064777][[email protected]][vipin kumar][D-284 vibhuti khand,gomti nagar,lko.]

  • 8/2/2019 BSNL Tender

    23/26

    Tender for Alarm Extension works

    Signature of Tenderer23

    Annexure-I

    FORMAT OF LETTER OF AUTHORI SATI ON FOR ATTENDI NG BI D OPENI NG

    Subject: Authorisation for attending bid opening on ___________________________ (date) in 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

    AlternateRepresentative

    Signatures of bidderor

    Officer authorised to sign the biddocuments on behalf of the bidder.

    No. 1. Only one representative from a firm will be permitted to attend bid opening. Alternaterepresentative will be permitted when regular representatives are not able to attend.

    2. Permission for entry to the hall where bids are open, may be refused in case authorisation asprescribed above is not recovered.

    DLT 11-30-2009[M-9415192897,9792064777][[email protected]][vipin kumar][D-284 vibhuti khand,gomti nagar,lko.]

  • 8/2/2019 BSNL Tender

    24/26

    Tender for Alarm Extension works

    Signature of Tenderer24

    Annexure-II

    UNDERTAKING TO BE SIGNED BY THE TENDERER

    I ______________________________ whose signature is given below tender for supply of ______________________________________________________________ as mentioned in the

    notice inviting tender by the GM MS Lucknow issued vide his No. _____________________ dated___________ has given the following certificates.

    I certify that I am not related to any of the officers who are in the direct charge of the work.

    I also certify that I have no near relative posted as Gazetted Officer or as Divisional Accountant in U.P.W Circle or in the office of the subordinate there to.

    I also hereby give the name of the persons who are working with me in any capacity or subsequently tobe employed by me who am near relative to any Gazetted Officer in the BSNL/ Telecom. Department or in theMinistry of Communications.

    I fully understood that in case of any breach of this condition by me, the BSNL would be authorised toremove my name from the approved tenderers.

    Date : ______________

    Signature of theTendererin full & legible written.

    Address:

    ________________________

    ________________________________________________

    DLT 11-30-2009[M-9415192897,9792064777][[email protected]][vipin kumar][D-284 vibhuti khand,gomti nagar,lko.]

  • 8/2/2019 BSNL Tender

    25/26

    Tender for Alarm Extension works

    25 Signature of Tenderer

    Annexure-III

    RELATIONSHIP CERTIFICATE

    This is to certify that I _________________ ___________________ S/o Shri .

    R/o Tele. No. , Mobile No. ..

    BSNL/DOT employee(s)/officer(s) as follows :

    Sl. Name and Designation of BSNL/DOTEmployee/Officer

    Relationship if any Remark

    OR

    NON-RELATIONSHIP CERTIFICATE

    I S/o Shri R/o

    . Tele. No.

    Mobile No. , hereby certified that non of my relative (s) is /

    are employee in BSNL. In case at any stage, it is found that the information given by me

    is false/incorrect the head of the SSA of BSNL shall have the absolute right to take any

    action as deemed fit against me without any prior intimation.

    Signature of the tenderer .Name of the tenderer ...Name of tender Dated

    DLT 11-30-2009[M-9415192897,9792064777][[email protected]][vipin kumar][D-284 vibhuti khand,gomti nagar,lko.]

  • 8/2/2019 BSNL Tender

    26/26

    Tender for Alarm Extension works

    FINANCIAL BIDName of bidder :

    Name of Zone :

    Tender No. CMTS/UP (E)/DE MS (Project) /Alarm Extension /T-- / 09-10

    Sl.No.

    Work Unit * Rate perunit inFigure

    Rs.

    *Rate per unit in wordRs.

    A- Extension of Infra alarm ( supply and laying of alarm cableupto BTS crone )

    1 Supply and laying of 3 pair alarm cable from power plant toBTS crone:- tentative length- 5m Meter

    2 Supply and laying of 5pair PIJF cable) DG Alarm from DG toBTS Crone :- tentative length -20 M Meter

    3 Supply and laying of 3 pair cable of BTS Door Alarm tentativelength-5 m Meter

    4 Supply, laying 10 Pr.cable from Crone to BTS and installation

    of Crone 10 pair 1 Crone per BTS Site Job.5 Supply and installation of Tie, Lugs Tape, Conduit Pipe asrequired Job

    6 Installation, testing Commissioning, of all 8 no. Alarms up toBSC/MSC. Certificate of alarm extension must be acquiredfrom BSC/MSC incharge

    Alarm

    B Supply installation and Extension of Fire & temperaturealarm at NBSNL Sites as per requirement if not done byElectrical wing.

    1 Supply and installation of Alarm panel (2 Zone) - 48 Volt - ISImake -1no. No.

    2Supply and installation of Fire Sensor - Operating Volt 48V1no. No.

    3Supply and installation ofTemperature Sensor - OperatingVol.48 V 1-no. No.

    4 Supply and installation of Door Switch/Door Sensor 1-no. No.

    5Supply and Laying of Twin core 1.5Sq.mm Armored Cu cable 5M tentative length 5 M up to Alarm Panel Meter

    All the installation activity to be covered under A Sl. No.6

    Note

    1 *Rates to be quoted inclusive of all taxes . Service Tax extra if applicable2 L-1 Bidder will be decided as per quoted rate and tentative quantity.

    3 No material, tools and testers will be supplied by BSNL

    Sgnature of Bidder

    DLT 11-30-2009[M-9415192897,9792064777][[email protected]][ i i k ][D 284 ibh ti kh d ti lk ]