77
NOTICE INVITING TENDER BSNL 8 B.S.N.L (A Govt. of India Enterprises) TENDER DOCUMENT FOR THE WORK Of Name of work: Construction of 40 M (4-Legged) Narrow Based GSM Towers including foundation, Erection and Earthing in KUMBARWADA, KARWAR SSA under UTTAR KANNADA DISTRICT Ph- 7.1 Project Name of Contractor ……………………………………..… BSNL CIVIL DIVISION HUBLI

Name of work: Construction of 40 M (4-Legged) Narrow Based

  • Upload
    others

  • View
    2

  • Download
    0

Embed Size (px)

Citation preview

Page 1: Name of work: Construction of 40 M (4-Legged) Narrow Based

NOTICE INVITING TENDER BSNL 8

B.S.N.L(A Govt. of India Enterprises)

TENDER DOCUMENT

FORTHE WORK Of

Name of work: Construction of 40 M (4-Legged) Narrow Based GSMTowers including foundation, Erection and Earthing inKUMBARWADA, KARWAR SSA under UTTAR KANNADADISTRICT Ph- 7.1 Project

Name of Contractor ……………………………………..…

BSNL CIVIL DIVISIONHUBLI

Page 2: Name of work: Construction of 40 M (4-Legged) Narrow Based

2

NOTICE INVITING TENDER BSNL

NAME OF TENDERER : ……………………………………….

Name of work: Construction of 40 M (4-Legged) Narrow Based GSMTowers including foundation, Erection and Earthing inKUMBARWADA, KARWAR SSA under UTTAR KANNADADISTRICT Ph- 7.1 Project

I N D E XSL.NO.

DETAILSPAGES

FROM TO

1) Cover Page 1 1

2) Index 2 2

3) Important instructions to all tenderers 3 4

4) Application For participation in Tender 5 5

5)Important instructions to tenderers who have downloaded the tenderdocument from web

6 7

6)Declaration (to be given by tenderers who have downloaded the tenderdocument from web)

8 8

7) Notice Inviting Tender 9 10

8) BSNLW-6 11 15

9) General Rules and Directions 16 18

10) Correction Slips to General Conditions of Contract 19 41

11) Notice for Appointment of Arbitrator (appendix XV) 42 42

12) BSNL W-7/8 (Abridged form) 43 44

13) Proforma of schedules 45 49

14) General Instructions 50 50

15) Additional Conditions of Contract 51 54

16) Additional Specifications for Tower 55 59

17) Special Conditions 60 61

18) Proforma for agreement 62 65

19) Affidavit 64 64

20) Schedule of quantity 65 71

21) Drawing and Engineering Instructions 72 76

This N.I.T. / agreement contains 76 (Seventy Six pages only) pages marked as 1 to 76

EXECUTIVE ENGINEER,BSNL CIVIL DIVISION, HUBLI

Page 3: Name of work: Construction of 40 M (4-Legged) Narrow Based

3

NOTICE INVITING TENDER BSNL

IMPORTANT INSTRUCTIONS TO ALL TENDERERS

Please go through the directives carefully. Any lapses / departure may lead to:

i) Rejection of your tender and /orii) Forfeiture of your earnest money/ and oriii) Cancellation of your registration and /oriv) Debarring you form future tenders.

1. Please fill up the entire tender with one pen only.

2. If the ink pen bloater on the schedule of quantities, please use dot pen onlyfor the entire tender paper.

3. You must sign in full with date on all pages of this tender document.

4. (a) Tendered rate against each items should very clearly and legibly writtenin un ambiguous manner.

(b) Tendered rate against each item should be quoted both in words and inRupees ending with “ONLY” and if figures in Rupees ending “= 00”.

Example: Rupees Six only.Rupees 6.00

If some paisa is also to be quoted, it should be quoted like Rupees four andpaise fifty only in words and Rupees “4.50” in figures.

(c) No abnormal gap should be left any where while writing either if figure orwords.Example: (1) Rupees x 60.00

(2) Rupees sixty x only(3) Rupees x Eighty x Six x only.

(d) While quoting in figures should start as closely as possible.

5. Amount against each item should be work out.

6. Total amount of each page of schedule should be calculated and broughtforward to next page. Lastly grand total of the whole schedule should beshown at the end of schedule both in words and figures. Rebate, if anyshould be deducted here and net amount should be indicated both in wordsand figures.

7. Each page of the schedule should be signed in full with date.

8. Mode and amount of earnest money deposit should be mentioned at theend of schedule.

9. The tenderers should read carefully and understand the Special Conditionsfor the contract, Schedule of quantity etc attached with the tender documentbefore actually quoting for this work.

Page 4: Name of work: Construction of 40 M (4-Legged) Narrow Based

4

10. All the intending tenderers should note that these works are of extraordinary urgent nature and work at all places is to be completed within theprescribed time as per agreement for all places. It may also be noted thatwork at all the places may have to be carried out simultaneously. Therefore,only those contractors who

are financially and technically capable of carrying out the work in thestipulated time

and at all places simultaneously should only quote for the works.

11. The tenderers who have downloaded the tender document from the web shouldread the important instructions & declaration given in pages ‘6’ & ‘7’ carefullybefore submitting the tenders.

Contractor Executive Engineer (Civil)BSNL CIVIL DIVISION,HUBLI

Page 5: Name of work: Construction of 40 M (4-Legged) Narrow Based

5

APPLICATION FOR PARTICIPATION IN TENDER

ToThe Executive Engineer(C),BSNL Civil Division, HUBLI

Name of work: Construction of 40 M (4-Legged) Narrow Based GSM Towersincluding foundation, Erection and Earthing in KUMBARWADA,KARWAR SSA under UTTAR KANNADA DISTRICT Ph- 7.1 ProjectNIT No : - 38/NIT/BSNL/TCDH/2013-14

Sir,I/We am/are registered with ------------------------------------------------------- (Name of the

Department) as Class-……… Contractor / contractors as per details given below:-

NameofDepart-ment

NameofRegistrationauthority

Class ofRegistration

Type ofRegistrationBuilding/Road/ trackother.

Validityupto

Tenderlimit

WorkJurisdictionofenlistment

EnlistmentNo. &Date.

ORI am / We are specialized in tower foundation works. I am / We are doing works in Airtel

Tata / Reliance / Vodafone / KSEB / Power Grid Corporation /etc.…... Copies of experiencecertificate as per NIT are enclosed.

2) I shall inform BSNL myself/ourselves, as soon as my/our registration is Cancelled / revokedor there is any change in status / partnership /address etc. in my registration.

3) The attested copies of partnership deed , PAN Card, sale tax Registration of Karnataka ifavailable, EPF Registration (If applicable) and Service Tax Registration are enclosed.

4) I/we will produce the original documents of all the attested copies submitted herewith,whenever required by the department.

5) I…………………………………S/Daughter of………………………………….residentof………………………………………………………………………………….hereby certify thatnone of my/our relative(s), as defined in para-14 of BSNLW-6, is/are employed in BSNL CivilKarnataka zone. In case at any stage , it is found that information given by me / us isfalse/incorrect, BSNL shall have absolute liberty to take any decision as deemed fit withoutprior intimation to me/us.[Please refer para 14 of BSNL W-6 before filling up above certificate.]

6. I/We request that permission may be granted to me / us for the purchase of tender documentfor the work of………………………………………………………………………..NOTE:- Please strike off which is not applicable.

Signatures of the authorized Applicantand Seal of Applicant , address & Tel. Numbers

Page 6: Name of work: Construction of 40 M (4-Legged) Narrow Based

6

NOTICE INVITING TENDER BSNL

IMPORTANT INSTRUCTIONS TO TENDERERS WHO HAVEDOWNLOADED THE TENDER DOCUMENT FROM WEB

The tenderers who have down loaded the tenders from the web, should read the followingimportant instructions carefully before actually quoting the rates & submitting the tender documents :-

1. The tenderer should see carefully & ensure that the complete tender document includingschedule of quantity as per the index given on page ‘2’ has been down loaded & there are 78(Seventy Eight) pages in all in the tender document.

2. The printout of tender document should be taken on A4 paper only & the printer settingsetc are such that document is printed as appearing in the web & there is no change informat, number of pages etc.

3. The tenderer should ensure that no page in the down loaded tender document is missing.

4. The tenderer should ensure that all pages in the down loaded tender document are legible &clear & are printed on a good quality paper.

5. The tenderer should ensure that every page of the down-loaded tender document is signedby tenderer with stamp (seal).

6. On page ‘2’ of the down loaded tender document, the name of the tenderer should be filledby the tenderer.

7. The tenderer should ensure that the down loaded tender document is properly bound andsealed( Wax sealed/ adhesive tape sealed) before submitting the same.

8. The loose / spiral bound tenders not properly sealed shall be rejected out-rightly.

9. In case of any correction/addition/alteration/omission in the tender document, it shall be treatedas non-responsive and shall be rejected.

10. The tenderer shall furnish a declaration to this effect that no addition/ deletion/corrections havebeen made in the tender document submitted and it is identical to the tender documentappearing on Web-site.

11. The tenderer should read carefully & sign the declaration given on the next page beforesubmitting the tender.

12. The cost of tender should be submitted along with the EMD as detailed in NIT.

13. In case of any doubt in the down loaded tender, the same should be got clarified from the o/oEXECUTIVE ENGINEER, HUBLI before submitting the tender.

CONTRACTOR EXECUTIVE ENGINEER

Page 7: Name of work: Construction of 40 M (4-Legged) Narrow Based

7

(For contractors who have downloaded the documents)

This Application form duly filled-in is submitted in envelope “1” to enable you to satisfyabout my/our eligibility for opening of my/our Earnest money/Tender documents, envelopes.

I/we am/are enclosing the declaration (In respect of downloaded tender) attested copiesof enlistment certificate, partnership deed, pan card and work experience Certificates.

Encls:

1. Declaration (Annexure - I)

2. Attested Copy of enlistment certificate.

3. Attested copy of Partnership deed

4. Attested Photocopy of PAN Card

5. Attested copy of work experience.

6. Attested copy of sale tax Registration of Karnataka if available.

7. Attested copy of EPF Registration . (If applicable)

8. Attested copy of Service Tax Registration.

Yours faithfully

Signatures and full name of the Contractor

Dated: - …………

Address: -

Page 8: Name of work: Construction of 40 M (4-Legged) Narrow Based

8

D E C L A R A T I O N(TO BE GIVEN BY THE TENDERERS WHO HAVE DOWNLOADED THE TENDER

DOCUMENT FROM THE WEB)

It is to certify that

1) I / We have submitted the tenders in the proforma as downloaded directly from the website& there is no change in formatting, number of pages etc.

2) I/ We have submitted tender documents which are same / identical as available in the website.

3) I / We have not made any modification / corrections / additions etc in the tender documentsdownloaded from web by me / us.

4) I / We have checked that no page is missing and all pages as per the index are available & thatall pages of tender document submitted by us are clear & legible.

5) I / We have signed (with stamp) all the pages of the tender document before submitting thesame.

6) I / We have sealed the tender documents properly before submitting the same.

7) I / We have submitted the cost of tender along with the EMD.

8) I have read carefully & understood the important instructions to the all tenderers & totenderers who have down loaded the tenders from the web.

9) In case at any stage later, it is found there is difference in our downloaded tender documentsfrom the original, BSNL shall have the absolute right to take any action as deemed fit without anyprior intimation to me / us.

10) In case at any stage later, it is found there is difference in our downloaded tender documentsfrom the original, the tender / work will be cancelled and Earnest Money/ Security Deposit will beforfeited at any stage whenever it is so noticed. The department will not pay any damages to me/ us on this account.

11) In case at any stage later, it is found there is difference in our downloaded tender documentsfrom the original, I / We may also be debarred for further participation in the tender in theconcerned BSNL Civil Zone & would also render me / us liable to be removed from theapproved list of contractors of the Department.

12) In case of difference between downloaded tender document and model tender document kept inthe O/o EXECUTIVE ENGINEER, BSNL CIVIL DIVISION, HUBLI the latter shall be treated ascorrect. The tenderers may see & compare the downloaded tender document from the modeltender document kept in the O/o EXECUTIVE ENGINEER, BSNL CIVIL DIVISION, HUBLIfor its correctness. No claim shall be entertained on this ground.

Dated ………………………

(CONTRACTOR)(SIGN WITH SEAL)

Page 9: Name of work: Construction of 40 M (4-Legged) Narrow Based

9

BHARAT SANCHAR NIGAM LIMITED(A GOVERNMENT OF INDIA ENTERPRISE)

O/O THE EXECUTIVE ENGINEER, BSNL, CIVIL DIVISION, HUBLI,

NOTICE INVITING TENDER

NIT No : 38/NIT/BSNL/TCDH/2013-14 Dtd. 09/12/2013

1. Sealed item rate tenders are invited by the EXECUTIVE ENGINEER, BSNL CIVIL DIVISION,2

ndFloor CTO Building Pinto Road HUBLI , on behalf of BSNL for the following work from eligible

Contractors registered in the appropriate category in DOT /BSNL /CPWD/ Railways/ MES/ DOP/Karnataka state PWD (B & R) eligible to participate in Karnataka state Building works andspecialized agencies (The agencies who have experience of tower foundation works inGovernment / Semi Government / PSU / Private Telecom Service Provider Organisations i.e. Airtel/Reliance/ Vodafone etc shall be considered as specialised agencies for such works).

Name of work Estimatedcost

E.M.D. Period ofcompletion

Name of work: Construction of 40 M (4-Legged) Narrow Based GSM Towersincluding foundation, Erection andEarthing in KUMBARWADA,KARWAR SSA under UTTARKANNADA DISTRICT Ph- 7.1 Project

Rs 4,49,241/- Rs9,000/-

2 (Two)Months

2 Deleted3. Written application for issue of tender forms shall be received in the above office up to 4.00 P.M

on 12.12.2013 and tenders will be sold to eligible contractors on payment set(non refundable)

of Rs. 575/-, (Rs. FIVE HUNDRED SEVENTY FIVE ONLY) up to 4.00 PM on 13.12.2013The tender fee is not refundable and is payable in the term of demand draft/Bankers chequepayable at HUBLI drawn on any scheduled Bank in favour of Accounts Officer (Cash) BSNL,Telecom District HUBLI.

4. Completed tenders will be received in the office of EXECUTIVE ENGINEER, BSNL DIVISION,

HUBLI up to 3.00 PM on 16.12.2013 and will be opened at 3.30 PM on the same day inpresence of the intending contractors.

5. The earnest money in full shall be deposited in the term of Demand Draft / Bankers Cheque /Deposit payable at Hubli drawn on Scheduled/Nationalized bank (Guaranteed by R.B.I.) in favourof “ ACCOUNTS OFFICER (CASH) BSNL TELECOM DISTRICT HUBLI.”

6. While submitting the tender bids, tenderers shall submit Proof for paying the cost of tenderdocuments, proof of payment of EMD and copies of documents showing eligibility credentials ina Sealed envelop of small size marked as “A EARNEST MONEY” and the tender documents inthe second envelop marked as “B TENDER” The Name of work, Estimated cost put to tender,and the date of opening, Name of the contractor with address etc shall be clearly indicated on allthe three envelops properly by the contractors. While opening the tenders by the ExecutiveEngineer, envelop marked “A” shall be opened first and in case the EMD is not found in theproper and prescribed form, envelop “B” at the tender shall not be opened and such tender shallbe summarily rejected.

7. Tenders of contractors who do not deposit earnest money in the above manner are liable to berejected.

8. The tenders shall neither be issued by post nor the same be received by post.9. It may be noted that conditional tenders or tenders with conditional rebates shall be summarily

rejected.10. Tender documents can also be downloaded from internet Websites www.karnataka.bsnl.co.in

Page 10: Name of work: Construction of 40 M (4-Legged) Narrow Based

10

i) Instruction for downloading tender form.

The tender document consisting of the Schedule of quantities, Additional specification,Special/Additional conditions & Drawings etc.

ii) The rate can be quoted on downloaded schedule of quantities, which shall be submitted in theoffice of EXECUTIVE ENGINEER, BSNL CIVIL DIVISION, HUBLI. As detailed in para12(iv)below.iii) The General terms & Conditions- Part -II (Corrected upto date) is not required to besubmitted with tender documents, however the conditions and general terms are as per the copyavailable in the office of the office of EXECUTIVE ENGINEER, BSNL CIVIL DIVISION, HUBLI.,will form part of agreement subsequently).iv) Mode of payment of tender cost/EMD/and submission of tender for down loaded tenderforms.

The tender shall be submitted in envelopes as below.

a) The first sealed envelope should contain the tender cost of Rs. 575/-, (Rs. FIVE HUNDREDSEVENTY FIVE ONLY) as per para 3 above along with EMD and pre-qualification documentssuch as attested copy of registration partnership deed and documents as required for the eligibilitycriteria for the work as per para 2 above .

b) Second sealed envelope should contain tender document as downloaded, duly quoted .Above twoenvelopes should be clearly marked about the contents i.e.

Marked “A” “Earnest money plus cost of Tender and eligibility credentials (Envelope No.1)Marked “B” Financial Bid (Part I) duly filled (Envelope No.2)

c) All the above TWO envelops will be sealed in THIRD envelope for submission. All envelopesshould be marked “e” Tender with name of work and the name of Agency written on them.At the time of opening of tender, envelope No1 (“Earnest money plus cost of Tender andeligibility credentials Marked “A”) as stated above shall be opened and the eligibility , tendercost and EMD asked for, shall be checked . If found in eligible, the financial bid document(envelope No.2) Marked “B”) shall not be opened and the tender is liable to be rejectedsummarily. Tender cost shall be non refundable; however the EMD of ineligible bidders shall berefunded.

12. Executive Engineer (Civil) reserves the right to postpone the date of opening of envelope A&Bwithout assigning any reason.

13. The prospective tenderers are advised to seek any clarification from Executive Engineer abouteligibility conditions as mentioned above prior to submission of tenders to avoid disappointmentslater on. If they so desire may contact on telephone number 0836- 2365050/2365285.

In case of any discrepancy or doubt in downloaded tender document submitted and copyavailable with EXECUTIVE ENGINEER, BSNL CIVIL DIVISION, HUBLI, Signed copy withEXECUTIVE ENGINEER, BSNL CIVIL DIVISION, HUBLI shall prevail and will be binding oncontractors/tenders.

EXECUTIVE ENGINEER,BSNL CIVIL DIVISION, HUBLI

Page 11: Name of work: Construction of 40 M (4-Legged) Narrow Based

11

B S N L W 6BHARAT SANCHAR NIGAM LIMITED

( A Government of India Enterprise)

NOTICE INVITING TENDER

1. Sealed item rate tenders are invited by the EXECUTIVE ENGINEER, BSNL CIVIL DIVISION,2nd

Floor CTO Building Pinto Road HUBLI on behalf of BSNL for the following work from eligibleContractors registered in the appropriate category in DOT /BSNL /CPWD/ Railways/ MES/ DOP/Karnataka state PWD (B & R) eligible to participate in Karnataka state Building works andspecialized agencies (The agencies who have experience of tower foundation works inGovernment / Semi Government / PSU / Private Telecom Service Provider Organisations i.e.Airtel/ Reliance/ Vodafone etc shall be considered as specialised agencies for such works).

Name of work: Construction of 40 M (4-Legged) Narrow Based GSMTowers including foundation, Erection and Earthing in KUMBARWADA,KARWAR SSA under UTTAR KANNADA DISTRICT Ph- 7.1 Project1.2 The work is estimated to cost Rs. 4,49,241/- (Rupees Four Lacs Fourty Nine Thousand TwoHundred Fourty One only)

2 Deleted

3. Agreement shall be drawn with the successful Tenderer on prescribed Form No. BSNL W-7/8(Corrected up to date), which is available as a BSNL Publication/BSNL Web sitehttp://karnataka.bsnl.co.in/intranet/tender/Standard_form_No_BSNL-W-7.8_for_Civil_Works.pdfTenderer shall quote his rates as per various terms and conditions of the said form, ( In case"Tender Documents" are downloaded from the BSNL Website in which rates/percentage are to bequoted should be properly bound and sealed) which will form part of the agreement

4. The time allowed for carrying out the work will be 2 (Two) Months from the 10th

(Tenth) day afterthe date of issue of letter of award of work , or, from the first day of handing over of the site,whichever is later, in accordance with phasing, if any, indicated in the Tender Document

5. The site for the work shall be made available in parts / phases.

6. The last date of receipt of applications for issue of tender forms (in prescribed format/canalso be down loaded from BSNL website (www.karnataka.bsnl.co.in) and date ofissue of tender forms will be as follows:

i) Last date of receipt of application 12.12.2013 up to 16.00 hours.

ii) Last date of issue of tender forms 13.12.2013

7 Tender documents consisting of plans, specifications, the schedule of quantities of the variousclasses of work to be done and the set of terms & condition of the contract to be complied withby the contractor whose tender may be accepted and other necessary documents can either bedown loaded from BSNL web site www.karnataka.bsnl.co.in or be seen in the office of theEXECUTIVE ENGINEER,HUBLI between 1100 hrs & 1600 hrs everyday except on Saturdays,Sundays and Public Holidays, Tender documents, excluding standard form, will be issued fromhis office during the hours specified above, on payment of the following.i) Rs. 575/-, Rs. FIVE HUNDRED SEVENTY FIVE ONLY in form of Demand Draft ofScheduled Bank as cost of tender .

Earnest money of Rs. 9,000/- in form of Demand Draft of Scheduled Bank / deposit at Callreceipt of a scheduled bank / fixed deposit receipt of a scheduled bank / Pay Order of ScheduledBank issued in favour of Accounts Officer (Cash) BSNL, Telecom District, HUBLI .”

Page 12: Name of work: Construction of 40 M (4-Legged) Narrow Based

12

ii) The tender shall be accompanied by Earnest Money along with cost of tenderif not paid earlier as in the case of down loaded tender from Website in theform as detailed at sub para ii) above.

When amount of earnest money is more than Rs. 5 lakhs, part of the earnest money isacceptable in the form of Bank Guarantee also. In such case, minimum 50% of earnest money(but not less than Rs. 5 lakh) or Rs. 25 lakh, whichever is less, will have to be deposited in theshape prescribed above. For balance amount of earnest money, bank guarantee will also beacceptable.

Note: Money due to contractor in any other work or earnest money of the previous call ofthe same work shall not be adjusted towards earnest money.

8 The Tenders of tenderer, who do not deposit the Earnest Money along with cost of tender, shallnot be opened. Tenders, which should always be placed in sealed envelope, in the mannerdetailed at para 9 below, will be received by the EXECUTIVE Engineer HUBLI up to 15.00

Hrs. on 16.12 .2013 and will be opened by him or his authorized representative in his officeon the same day at 15.30 Hrs.After opening the main envelope 3, the envelope 1 containing the Earnest Money alongwith the cost of the tender as applicable and eligibility credentials shall be opened first.The envelope 2 containing tender shall be opened only for those tenderers whose EarnestMoney, cost of tender and eligibility is found in order.The unopened tenders shall be returned to the tenderers after the final decision on thetender is reached.

9. The description of the work is as follows: -

Name of work: Construction of 40 M (4-Legged) Narrow Based GSMTowers including foundation, Erection and Earthing in KUMBARWADA,KARWAR SSA under UTTAR KANNADA DISTRICT Ph- 7.1 Project .Submission of tender

Tender shall be submitted in following manner:9.1 In case the tender document is down loaded form BSNL website9.1.1 “Earnest money plus cost of Tender and eligibility credentials “ shall be placed in sealedenvelope-1.

marked “Earnest money plus cost of Tender and eligibility credentials”.9.1.2 The “Tender” shall be placed in sealed envelope-2 and will be superscripted as “Tender”9.1.3 The sealed envelope no. 1,&2 as above containing “Earnest money plus cost of Tender, Eligibility

Credentials, and the “Tender” shall be placed in another sealed envelope -3.9.1.4 All the three envelopes shall be superscripted with following data on it.(i) Name of work(ii) Name of tenderer(iii) Last date of receipt of tender9.2 In case tender document is purchased from Divn./Sub-Divn. office9.2.1 Proof for paying the cost of tender documents, proof of payment of EMD and copies of

documents showing eligibility credentials to be placed in sealed envelope no.19.2.2 Envelope no. 2 will be as per Para 9.1.2.9.2.3 The sealed envelopes1&2 shall be placed in another sealed envelop no39.2.4 Same as 9.1.4

Note: In case the eligibility credentials are not found in order at any stage i.e. before award ofwork or during execution of the work or after completion of the work, the contractor will bedebarred from tendering in BSNL for three years including any other action under the contract orexisting law

9.3 The tender in which rates/percentage are to be quoted should be properly bound andsealed. Loose/spiral bound submission (in case the tender is down loaded fromwebsite) shall be rejected out rightly. In case of any correction / addition / alteration /omission in tender document vis-à-vis tender document available on website shall be

Page 13: Name of work: Construction of 40 M (4-Legged) Narrow Based

13

treated as non-responsive and shall be summarily rejected.

10. Copies of other drawings and documents pertaining to the work will be open forinspection by the tenderers at the office of the above-mentioned officer.

10.1 Tenderers are advised to inspect and examine the site and its surroundings and satisfythemselves before submitting their tenders as to the nature of the ground and sub-soil (so far asis practicable), the form and nature of the site, the means of access to the site, theaccommodation they may require and in general, shall themselves obtain all necessaryinformation as to risks, contingencies and other circumstances which may influence or affecttheir tender. A tenderer shall be deemed to have full knowledge of the site whether he inspects itor not and no extra charges consequent on any misunderstanding or otherwise shall be allowed.The tenderer shall be responsible for arranging and maintaining at his own cost all materialstools & plants, water, electricity, access facilities for workers and on all other services requiredfor executing the work unless otherwise specifically provided for in the contract documents.Submission of tender by a tenderer implies that he has read this notice and all other contractdocuments and has made himself aware of the scope and specifications of the work to be doneand of conditions and rates at which stores, tools and plant, etc. will be issued to him by theBSNL and local conditions and other factors having a bearing on the execution of the work.

11 The competent authority on behalf of Bharat Sanchar Nigam Limited does not bind himself toaccept the lowest or any other tender, and reserves to himself the authority to reject any or all ofthe tenders received without the assignment of a reason. All tenders, in which any of theprescribed conditions is not fulfilled or any condition including that of conditional rebate is putforth by the tenderer, shall be summarily rejected.

12 Canvassing whether directly or indirectly, in connection with tenders is strictly prohibited and thetenders submitted by the contractors who resort to canvassing will be liable to rejection.

13 The competent authority on behalf of the Bharat Sanchar Nigam Limited reserves with himself theright of accepting the whole or any part of the tender and the tenderer shall be bound to performthe same at the rate quoted.

14 The company or firm or any other person shall not be permitted to tender for works in BSNL CivilZone in which his near relative (s) (directly recruited or on deputation in BSNL) is/are posted inany capacity either non-executive or executive employee. Near relative (s) for this purpose is/aredefined as:

(i) Member of Hindu Undivided family (UHF).(ii) They are Husband and Wife.(iii) The one is related to other in the manner as father, mother, son(s) & Son’s wife

(daughter-in-law), Daughter(s), Daughter’s husband (son-in-law), brother(s),brother’s wife, sister(s), sister’s husband (brother-in-law).

The contractor shall also intimate the names of persons who are working with him in anycapacity or are subsequently employed by him and who are near relative to any executiveemployee/ gazetted officer in the BSNL or Department of Telecom or in the Ministry ofCommunications.

All the intending tenderers will have to give a certificate that none of his/her such near relative(s) as defined above is/are working in the concerned BSNL Civil Zone where he is going to applyfor tender/work. The format of the certificate is as under:-

“I,_______________________ s/o Shri _______________________________ Resident of____________________________hereby certify that none of my relative (s) as definedabove is/are employed in concerned BSNL Civil Zone. In case at any stage, it is found thatthe information given by me is false/incorrect, BSNL shall have the absolute right to takeany action as deemed fit without any prior intimation to me”.

Page 14: Name of work: Construction of 40 M (4-Legged) Narrow Based

14

The certificate in case of Proprietorship Firm shall be given by the proprietor; for PartnershipFirm certificate shall be given by all partners and in case of Limited Company, by all Directors ofthe company. However, Government of India/Financial Institutions nominees and independentnon-official part-time Directors appointed by Govt. of India or the Governor of the State areexcluded from the purview of submission of this certificate while submitting tenders by LimitedCompanies.

Any breach of these conditions by the Company or Firm or any other person, the tender/work willbe cancelled and Earnest Money/ Security Deposit will be forfeited at any stage, whenever it isso noticed. BSNL will not pay any damages to the company or Firm or the concerned person butdamages arising on account of such cancellation to be borne by the contractor. The Companyor Firm or the person will also be debarred for further participation in the tender in the concernedBSNL Civil Zone. Further, any breach of this condition by the tenderer would also render himliable to be removed from the approved list of contractors or BSNL. If however the contractor isregistered in any other Department he shall also be debarred from tendering in BSNL for anybreach of this condition.

15 Engineer of Gazetted rank or other Gazetted Officer employed in engineering or administrativeduties in an Engineering Department of the Government of India/State Government or PSU’s isallowed to work as a contractor for a period of two years after his retirement from Govt. service,without previous permission of the Govt. of India or BSNL in writing. This contract is liable to becancelled if either the contractor or any of his employees is found any time to be such a personwho had not obtained the permission of the Govt. of India/State Government or PSU’s asaforesaid before submission of the tender or engagement in the contractor’s service.

16 The tender for the work shall remain open for acceptance for a period of 30 (THIRTY) daysfrom the date of tenders. If any tenderer withdraws his tender before the said period or issue ofletter of acceptance/intent, whichever is earlier, or, makes any modifications in the terms andconditions of the tender which are not opening of the acceptable to the BSNL, then the BSNLshall, without prejudice to any other right or remedy, be at liberty to forfeit 50% of the saidearnest money as aforesaid.

17 In case of works having estimated cost below Rs. 15,00,000/-, the successful tenderer shall berequired to execute an agreement with the Engineer-in-charge in the performa annexed to thetender document, within 15 days of the issue of letter of award by the BSNL. In the event offailure on the part of the successful tenderer to sign the agreement, the earnest money will beforfeited and tender cancelled. In case of works of estimated to cost Rs.15, 00,000/- and above,the successful tenderer shall, upon issue of letter of acceptance of Tender, shall be required tofurnish Performance Guarantee @5% of the tendered value in the form of irrevocable BankGuarantee of requisite amount to the Engineer-in-charge in the Performa annexed to the tenderdocument, within 15 days of the issue of letter of acceptance of Tender by the BSNL. In theevent of failure on the part of the successful tenderer to furnish the Bank Guarantee within 15days, the earnest money will be forfeited and tender cancelled.

18 This Notice Inviting Tender (BSNL W-6) shall form a part of the Contract Document. Inaccordance with clause 1 of the contract, the letter of acceptance shall be issued first in favour ofthe successful Tenderer/Contractor. After submission of the performance guarantee, the letterfor award shall be issued. The contract shall be deemed to have come into effect on issue ofletter of acceptance of the tender. On issue of letter of award, the successfulTenderer/Contractor shall, within 30 days from such date, formally sign the agreement consistingof: -

a) The Notice Inviting Tender, BSNL General Terms & Conditions of Contract for BuildingWorks Civil Wing 2006 (Corrected upto date ) and all the documents including additionalconditions, specifications and drawings, if any, forming part of the tender, and, as issued atthe time of invitation of tender and acceptance thereof together with any correspondenceleading thereto.

Page 15: Name of work: Construction of 40 M (4-Legged) Narrow Based

15

b) Standard BSNL W-7/8 (Corrected up to date) as on websitehttp://karnataka.bsnl.co.in/intranet/tender/Standard_form_No_BSNL-W-7.8_for_Civil_Works.pdf

c) Agreement signed on non-judicial stamp paper as per Performa annexed to the tenderdocument.

19 Payment to the contractors shall be made through e-payment system like ECS & EFTas detailed below: -

(a) In cities/areas where ECS/EFT facility is provided by Banks, the tenderer must haveAccount in such ECS/EFT facility providing Banks and that Bank A/c No shall be quotedin the tender by the tenderer.

(b) The cost of ECS/EFT will be borne by BSNL in all cases where the payment tocontractor is made in a local Branch i.e. tenderer is having bank account in the sameplace from where the payment is made by BSNL unit.

(c) In case payment is made to outside branch i.e. tenderer is having back account not inthe same place form where the payment is made by BSNL unit, the crediting cost willhave to be borne by the tenderer only.

(d) The payments to contractors will compulsorily be made through ECS/EFT in respect ofall contracts .

20 First running account bill shall be paid only after(a) signing of the Agreement/Contract by both the parties, and(b) progress chart has been prepared as required under Clause 5 and approved by the

competent authority.21 If a contractor after purchasing the tender does not quote consecutively on three occasions, the

contractor may be debarred for further purchase of tenders for a period of six months.

22 General conditions of contract for works in BHARAT SANCHAR NIGAM LIMITED are available onwebsite http://karnataka.bsnl.co.in/intranet/tender/Standard_form_No_BSNL-W-7.8_for_Civil_Works.pdf as well as in the Divisional/ Sub divisional Office. Contractors should gothrough the different clauses of “BSNL General Conditions of Contract for Building Works 2006 ”before quoting the rates.

23 The tenderer shall furnish a declaration to this effect (In case of downloaded tender) that noaddition/deletion/correction have been made in the tender document submitted and it is identicalto the tender document appearing on website. Every page of down loaded tender shall be signedby the tenderer with stamp (seal) of his firm/organisation.

24 There is clause 46 for insurance which is to be compiled by the contractor.

25 The rates quoted by the agencies shall be including of all types of taxes / levies service tax,nothing extra shall be payable on such accounts.

26 The tenders with any condition including that of conditional rebates shall be rejected forthwith.However the tenderers may quote un-conditional rebates.

27. For redressal of any complaints, following officers may be contacted:1. CGMT, Karnataka Circle

The Chief General Manager, Telecom Karnataka Circle., New Admn. Bldg., No. 1 , SwamiVivekanand Road , Halasuru , Bangalur - 560008 Land Line Tel No.080- 25362323Fax No.080-25369165

2 .DGM(Vig), Karnataka CircleThe Dy. General Manager(Vig) O/O C.G.M.T., Karnataka Telecom. Circle, New Admn. Bldg.,

No.1 Swami Vivekanand Road , Halasuru , Bangalur - 560008Land Line Tel No.080-2536580 Fax No.080- 25308401

NIT NO.- 38/NIT/TCDH/BSNL/2013-14

Signature and Name of Divisional officer/ Sub Divisional OfficerFor & on behalf of Bharat Sanchar Nigam Ltd

Page 16: Name of work: Construction of 40 M (4-Legged) Narrow Based

16

BHARAT SANCHAR NIGAM LIMITED( A Government of India Enterprise )

General RulesandDirections

Applicable foritem RateTender only(BSNL W-8)

Applicable forPercentage

1. All work proposed for execution by contracts will be notified in a form of invitation to tender dulysigned by the officer inviting tender will be displayed on the notice board / pasted in public placesor by publication in News papers as the case may be and shall also be on the BSNL website .This form will state the work to be carried out, as well as the date for receipt of application, thedate of submitting and opening tenders and the time allowed for carrying out the works, also theamount of earnest money to be deposited with the tender, and the amount of the security deposit tobe deposited by the successful tenderer and the percentage, fi any, to be deducted from the bills.Copies of the specifications, designs and drawings and any other documents, required in tender,shall also be open for inspection at the office of the officer inviting tender during office hours.

2. In the event of the tender being submitted by a firm, it must be signed separately by each Partnerthereof or by the partner(s) as specified in the partnership deed or by the person holding power ofattorney authorizing him to do so, such power of attorney to be produced with the tender, and itmust disclose that the firm is duly registered under the Indian Partnership Act, 1932.

3. Receipt for payment made on account of work, when executed by a firm, must also be signed byall the partner(s) or by the partner(s) as specified in the Partnership Deed by the person holding apower of attorney authorizing him to give effectual receipts for the firm.

4. Any person who submits a tender shall fill up the usual printed form, stating at what rate he iswilling to undertake each item of the work. Tenders which propose any alternation in the workspecified in the said form of invitation to tender, or in the time allowed for carrying out the work,or which contain any other condition of any sort including conditional rebates, will be summarilyrejected. No single envelope shall include tender for more than one work, but contractors whowish to tender for two or more works shall submit separate envelope for each. Tender shall havethe name and number of the works to which they refer, written on the envelops.The rate(s) must be quoted in decimal coinage. Amount(s) must be quoted in full rupees byignoring fifty paise and less, and, considering more than fifty paise as rupee one.

5. The Officer inviting tenders shall have the right of rejecting all or any of the tenders and will notbe bound to accept the lowest or any other tender.

6. The memorandum of work tendered for and schedule of the materials to be supplied by the BSNLand their issue-rates shall be filled and completed in the office of the officer inviting tender beforethe tender form is issued. If a form is issued to an intending tenderer without having been so filledin and incomplete, he shall request the officer to have this done before he completes and delivershis tender.

7. The tenderers shall sign a declaration under the official Secret Act 1923, for maintaining secrecyof the tender document, drawings or other records connected with the work given to them. Theunsuccessful tenderers shall return all the drawings given to them.

8. In case of Item Rate Tenders, only rates quoted shall be considered. Any tender containingpercentage below/above the rates quoted is liable to be rejected. Rates quoted by the contractor initem rate tender in figures and words shall be accurately filled in so that there is no discrepancy inthe rates written in figures and words. However, if a discrepancy is found, the rates, whichcorrespond with the amount worked out by the contractor shall, unless otherwise proved, be takenas correct. If the amount of an item is not worked out by the contractor or it does not correspondwith the rates written either in figures or in words then the rates quoted by the contractor in wordsshall be taken as correct. Where the rates quoted by the contractor in figures and in words tally butthe amount is not worked out correctly, the rates quoted by the contractor will unless otherwiseproved, be taken as correct and not the amount.

9. In case of Percentage Rate Tenders, only percentage quoted shall be considered, Any tendercontaining item rates, is liable to be rejected. Percentage quoted by the contractor in percentagerate tender shall be accurately filled in figures and words, so that there is no discrepancy. Howeverif the contactor has worked out the amount of the tender and if any discrepancy is found in thepercentage quoted in words and figures, the percentage which corresponds with the amountworked out by the contractor shall, unless otherwise proved, be taken as correct. If the amount of

Page 17: Name of work: Construction of 40 M (4-Legged) Narrow Based

17

Tender only(BSNL W-7)

Applicable forItem RateTender only(BSNL W-8)

Applicable forPercentageTender only(BSNL W-7)

the tender is not worked out by the contractor or it does not correspond with the percentage writteneither in figures or in words then the percentage quoted by the contractor in words shall be taken ascorrect. Where the percentage quoted by the contractor in figures and in words tally but the amountis not worked out correctly, the percentage quoted by the contractor will, unless otherwise proved,be taken as correct and not the amount.

10. In case of any tender where unit rate of any item/items appear unrealistic, such tender will beconsidered as unbalanced and in case the tenderer is unable to provide satisfactory explanationsuch a tender is liable to be disqualified and rejected. In the event of no rate has been quotedfor any item(s) then the rate for such item(s) will be considered as zero and work will berequired to be executed accordingly. It will be presumed that the contractor hasincluded the cost of this / these item(s) in other item(s

11. All rates shall be quoted on the tender form. The amount for each item should be worked out andrequisite totals given. Special care should be taken to write the rates in figures as well as in wordsand the amount in figures only, in such a way that interpolation is not possible. The total amountshould be written both in figures and in words. In case of figures, the word Rs. Should be writtenbefore the figure of Rs. And word ‘P’ after the decimal figures, e.g. ‘Rs.2.15P’ and in case ofwords, the word, ‘Rupees’ should precede and the word ‘Paise’ should be written at the end.Unless the rate is in whole rupees and followed by the word ‘only’ it should invariably be upto twodecimal places. While quoting the rate in schedule of quantities, the word ‘only’ should writtenclosely following the rate in words and it should not be written in the next line.

11A. In Percentage Rate Tender, the tenderer shall quote percentage below/above (In figures as wellas in words) at which he will be willing to execute the work. He shall also work out the totalamount of his offer and the same should be written in figures as well as in words in such away thatno interpolation is possible. In case of figures, the word ‘Rs’ should be written before the figure ofrupees and the word P after the decimal figures, e.g. ‘Rs.2.15P and in case of words, the word‘Rupees’ should precede and the word “Paise’ should be written at the end.

12. The contractor whose tender is accepted, for amount exceeding Rs.15.00 Lakhs (Rupees FifteenLakhs), will be required to furnish an irrevocable PERFORMANCE GUARANTEE of 5% (FivePercent) of the tendered amount in addition to other deposits mentioned elsewhere in the Contractfor his proper performance of the contract agreement, (not withstanding and/or without prejudiceto any other provisions in the contract) within 15 days of issue of letter of Acceptance of Tender.This guarantee shall be in the form of Fixed Deposit Receipts of Guarantee Bonds of anyScheduled Bank or the State Bank of India.

The contractor shall permit BSNL at the time of making any payment to him for work done underthe contract to deduct a sum at the rate of 5% of gross amount of each running bill till the sumalong-with the sum already deposited as earnest money, will amount to security deposit of 5% ofthe tendered value of the work. Such deductions will be made and held by BSNL by way ofSecurity Deposit unless he/they has/have deposited the amount of Security at the rate mentionedabove in cash (up to Rs.2500.00/Demand Draft/Banker’s Cheque/Deposit at Call Receipt of aScheduled Bank or The State Bank Of India in accordance with the form annexed hereto.

In case of works with estimated cost put to tender is up-to and including Rs.15.00 Lakhs (RupeesFifteen Lakhs) the total security deposit deducted shall be 10(Ten)% instead of 5(Five)% of thetendered value of the work. Security Deposit shall be recovered @ 10% of gross amount of eachrunning bill till the sum along-with the sum already deposited as earnest money, will amount tosecurity deposit 10% of the tendered value of the work.

13. The contractor whose tender is accepted, will be required to furnish, by way of Security Depositfor the fulfilment of his contract, an amount equal to 10% of the tendered value of the worksubjected to a maximum of Rs. Five Lakhs. The Security deposit will be collected by deductionsfrom the running bills of the contractor at the rates mentioned above and the earnest money, ifdeposited in cash at the time of tenders, will be treated as a part of the Security Deposit. TheSecurity amount will also be accepted in cash or in the shape of Government Securities. Fixeddeposit Receipt and Guarantee Bonds of a Scheduled Bank or State Bank of India will also be

Page 18: Name of work: Construction of 40 M (4-Legged) Narrow Based

18

accepted for this purpose.14. On acceptance of the tender, the name of the accredited representative(s) of the contractor, who

would be responsible for taking instructions from the Engineer-in-charge, shall be communicatedin writing to the Engineer-in-Charge.

15. Sales-tax, purchase tax, turnover tax or any other tax on material in respect of the contract shall bepayable by the Contractor and Government will not entertain any claim whatsoever in respect ofthe same.

16. The contractor shall also intimate the names of persons who are working with him in any capacityor are subsequently employed by him and who are near relative to any executiveemployee/gazetted officer in the BSNL or Department of Telecom or in the Ministry ofCommunications.

17. The tender for the work shall not be witnessed by a contractor or contractors whohimself/themselves has/have tendered or who may and has /have tendered for the same work.Failure to observe this condition would render, the tender of the contractors, tendering, as well aswitnessing the tender, liable to summary rejection.

18. The tender for composite work includes in addition to building work all other works such assanitary and water supply installations, drainage installation, electrical work, horticulture work,roads and paths etc. The tender apart from being a registered contractor (B&R) of appropriateclass, must associate himself with agencies of appropriate class, which are eligible to tender forsanitary and water supply drainage, electrical and horticulture works in the composite tender.

19. The contractor shall submit list of works which are in hand (progress) in the following form:-

Name ofwork

Name and Particularsof Division where work

is being executed

Value ofwork

Position of Workin progress

Remarks

1 2 3 4 5

20. The contractor shall comply with the provisions of the Apprentices Act 1961, and the rules andorders issued there under from time to time. If he fails to do so, his failure will be a breach of thecontract and the Superintending Engineer, may in his discretion, without prejudice to any otherright or remedy, available in law, cancel the contract. The contractor shall also be liable for anypecuniary liability arising on account of any violation by him of the provisions of the said Act.

Page 19: Name of work: Construction of 40 M (4-Legged) Narrow Based

19

Correction Slip no. 4(To General Conditions of Contract for Civil Works 2006)

Clause/para of

BSNL 6/8

Existing Provisions Modifications proposed

1A The contractor shall permit BSNL at the timeof making any payment to him for work doneunder the contract to deduct a sum at the rateof 5% of gross amount of each running bill tillthe sum along-with the sum already depositedas earnest money, will amount to securitydeposit of 5% of the tendered value of thework. Such deductions will be made and heldby BSNL by way of Security Deposit unlesshe/they has/have deposited the amount ofSecurity at the rate mentioned above in cash(upto Rs.2500.00/Demand draft/Banker’sCheque/Deposit at Call Receipt of aScheduled Bank or The State Bank Of India inaccordance with the form annexed hereto. Incase a Fixed Deposit Receipt of any bank isfurnished by the contractor to the BSNL aspart of the security Deposit and the Bank isunable to make payment against the saidfixed deposit receipt, the loss caused therebyshall fall on the contractor and the contractorshall forthwith on demand furnish additionalsecurity to the BSNL to make good the deficit.

All compensations or the other sums…………………….. will be treated a part ofthe Security Deposit.

Does not exist

NOTES: -In case of works with ..…… tendered value ofthe work

The contractor shall permit BSNL at the time ofmaking any payment to him for work doneunder the contract to deduct a sum at the rateof 5% of gross amount of each running bill tillthe sum along-with the sum already depositedas earnest money, will amount to securitydeposit of 5% of the tendered value of thework. Earnest money shall be adjusted firstin the security deposit and further recoveryof security deposit shall commence onlywhen the up to date amount of securitydeposit starts exceeding the earnestmoney. Such deductions will be made andheld by BSNL by way of Security Depositunless he/they has/have deposited the amountof Security at the rate mentioned above in cash(upto Rs. 2500) Demand draft/Banker’sCheque/ Deposit at Call Receipt of aScheduled Bank or The State Bank Of India inaccordance with the form annexed hereto. Incase a Fixed Deposit Receipt of any bank isfurnished by the contractor to the BSNL as partof the security Deposit and the Bank is unableto make payment against the said fixed depositreceipt, the loss caused thereby shall fall onthe contractor and the contractor shall forthwithon demand furnish additional security to theBSNL to make good the deficit.All compensations or the other sums…………………….. will be treated a part of theSecurity Deposit.The Security Deposit as deducted abovecan be released against the Bank Guaranteeby a scheduled bank , on its accumulationto a minimum of Rs. 5 lakh subject to thecondition that amount of such BankGuarantee, except last one, shall not beless than Rs. 5 Lakh. Provided further thatthe validity of Bank Guarantee including theone given against the earnest money shallbe in conformity with the provisionscontained in clause which shall beextended from time to time depending uponthe extension of contract granted underprovisions of Clause 2 and Clause 5.

NOTES: -In case of works with ………… tendered valueof the work

Page 20: Name of work: Construction of 40 M (4-Legged) Narrow Based

20

CLAUSE2.(COMPENSATIONFORDELAY

If the contractor fails to maintain………Thedecision of the aforesaid authority in writingshall be final and binding on the contractor.This will also apply to items or group of itemsfor which separate period of completion hasbeen specified.Compensation for delay of work@ 2.0 % Per month of delay to be computedon daily basis for the works having stipulatedtime of completion more than six months@ 1.0 % Per week of delay to be computedon daily basis for the works having stipulatedtime of completion upto six months

Provided always ……. is originally given.The amount … other contract with the BSNL.

In case, the contractor does not ….. However,no interest, whatsoever, shall be payable onsuch withheld amount.

Does not exist

If the contractor fails to maintain………Thedecision of the aforesaid authority in writingshall be final and binding on the contractor.This will also apply to items or group of itemsfor which separate period of completion hasbeen specified.Compensation for delay of work@ 2.0 % Per month of delay to be computedon daily basis for the works having stipulatedtime of completion more than six months@ 1.0 % Per week of delay to be computed ondaily basis for the works having stipulated timeof completion from three months to sixmonths@ 1.5 % Per week of delay to be computedon daily basis for the works havingstipulated time of completion up to threemonthsProvided always ……. is originally given.The amount … other contract with the BSNL.

In case, the contractor does not ….. However,no interest, whatsoever, shall be payable onsuch withheld amount.The compensation for slow progress ornon-completion of work in stipulated time,at the rates specified therein, is an “agreedcompensation” under clause 2, which thecontractor has to pay in case of default.Therefore, Engineer-in-Charge will recoverthe same at the rates mentioned above, ifthe progress of the work is slow or the workis not completed in stipulated time. In casethe contractor feels aggrieved, he mayappeal to the authority specified inSchedule „F‟ against such recovery, who has to take a balanced view of the delays onthe part of the contractor, vis-à-vis thedelays of the department and may upholdthe recovery at the original rates or atreduced rates or completely waive off thesame depending upon the merits of eachcase. In such cases the decision of thecompetent authority shall be final and outof purview of the clause 25

Page 21: Name of work: Construction of 40 M (4-Legged) Narrow Based

21

CLAUSE3 (WHENCONTRACT CANBEDETERMINED)

If the Contractor:i) Having been ……. seven days thereafter;or,ii) has without …….. seven days from theEngineer-in-Charge; oriii) persistently neglects to… Engineer-in-Charge; oriv) fails to complete …….. Engineer-in-Charge; orv) being a company shall pass a resolution orthe court shall make an order that thecompany shall be wound up or if a receiver ora manager on behalf of a creditor shall beappointed or if circumstances shall arisewhich entitle the court or the creditor toappoint a receiver or a manager or whichentitles the court to make a winding up order;orvi) commits any act/acts mentioned in Clause-21 there of

vii) fails to start the work within 1/8 th ofstipulated time

Does not exist

Does not exist

If the Contractor:i) Having been ……. seven days thereafter;or,ii) has without ……. seven days from theEngineer- in-Charge; oriii) persistently neglects to ……… Engineer-in-Charge; oriv) fails to complete …….. Engineer-in-Charge;orv) shall offer or give or agree to give to anyperson in Government/BSNL service or toany other person on his behalf any gift orconsideration of any kind as an inducementor reward for doing or forbearing to do orhaving been done or forborne to do any actin relation to the obtaining or execution ofthis or any other contract for BSNL; or

vi) Shall enter in to a contract with BSNL inconnection with which commission hasbeen paid or agreed to be paid by him or tohis knowledge, unless the particulars of anysuch commission and the terms of paymentthereof have been previously disclosed inwriting to the Engineer-in-charge; or

vii) Shall obtain a contract with BSNL as aresult of wrong tendering or other non-bonafide methods of competitive tendering;orviii) Shall any time be adjudged insolvent orhave a receiving order or order foradministration of his estate made againsthim or shall take any proceedings forliquidation or composition ( other than avoluntary liquidation for the purpose ofamalgamation or reconstruction ) under anyInsolvency Act for the time being in force ormake any conveyance or assignment of hiseffect of composition or arrangement forthe benefit of his creditors or purport so todo, or if any application be made under anyInsolvency Act for the time being in forcefor the sequestration of his estate or if atrust deed be executed by him for benefit ofhis creditors; orix) being a company shall pass a resolutionor the court shall make an order that thecompany shall be wound up or if a receiveror a manager on behalf of a creditor shallbe appointed or if circumstances shall arisewhich entitle the court or the creditor toappoint a receiver or a manager or whichentitles the court to make a winding uporder; or

Page 22: Name of work: Construction of 40 M (4-Legged) Narrow Based

22

Does not exist

Does not exist

THEN the Engineer-in-Charge may, withoutprejudice to his any other rights or remedyagainst the Contractor in respect of any delay orinferior workmanship or otherwise or to anyclaims for damage in respect of any breach ofthe Contract and in addition to any right orremedies under any of the provisions of theContract or otherwise and whether the date forcompletion has or has not elapsed, shall by anotice in writing, shall have powers: -a) To determine or rescind the contract asaforesaid (of which termination notice in writingto the contractor under the hand of theEngineer-in–Charge shall be conclusiveevidence). Upon such determination, thePerformance Guarantee, Earnest MoneyDeposit and security deposit already recoveredunder the contract shall be liable to be forfeitedand shall be absolutely at the disposal of theBSNL.b) To measure up the work of the contractor,after giving notice to the contractor, and to takesuch balance or part thereof as shall be un-executed out of his hands and to give it toanother contractor to complete the work.

The Engineer-in-charge shall on suchdetermination or recession shall have powers tocarry out such items of the work by any meansat the risk and cost of the contractor. TheEngineer-in-Charge shall determine the amount,if any, is recoverable from the contractor for thecompletion of such items of work. Any expenseswhich may be incurred in excess of the sumwhich would have been paid to the originalcontractor if the whole work had been executedby him (the certificate in writing of the Engineer-in-Charge for the amount which exceeds theamounts contracted for the unexecuted /imperfectly executed items shall be final andconclusive) shall be borne and paid by theoriginal contractor and may be deducted fromany money due to him by the BSNL under thecontract or on any other account whatsoever orfrom his Security Deposit

x) shall suffer an execution being levied onhis goods and allow it to be continued for aperiod of 21 days; orxi) assigns, transfer, sublets ( engagementof labour on a piece-work basis or of alabour with materials not to be incorporatedin the work, shall not be deemed to besubletting) or otherwise parts with orattempts to assign, transfer, sublet orotherwise parts with the entire works or anyportion thereof without the prior writtenapproval of the Engineer-in-chargeTHEN the Engineer-in-Charge may, withoutprejudice to his any other rights or remedyagainst the Contractor in respect of any delayor inferior workmanship or otherwise or to anyclaims for damage in respect of any breach ofthe Contract and in addition to any right orremedies under any of the provisions of theContract or otherwise and whether the date forcompletion has or has not elapsed, shall by anotice in writing, shall have powers: -a) To determine the contract as aforesaid (ofwhich termination notice in writing to thecontractor under the hand of the Engineer-in–Charge shall be conclusive evidence). Uponsuch determination, the PerformanceGuarantee, Earnest Money Deposit andsecurity deposit already recovered under thecontract shall be liable to be forfeited and shallbe absolutely at the disposal of the BSNL.

b) To measure up the work of the contractor,after giving notice to the contractor, and to takesuch balance or part thereof as shall be un-executed out of his hands and to give it toanother contractor to complete the work.

Deleted

Page 23: Name of work: Construction of 40 M (4-Legged) Narrow Based

23

Clause3A

and Performance Guarantee or the proceeds ofsales thereof, or a sufficient part thereof as thecase may be. If said available PerformanceGuarantee, Security Deposit and moneys arenot sufficient, the contractor shall be called uponin writing and shall be liable to pay the samewithin 30 days. If the contractor shall fail to paythe required sum within the aforesaid period of30 days, the Engineer-in-charge shall have theright to sell any or all of the contractor’s unusedmaterials, constructional plant, implements,temporary The Buildings, etc. and apply theproceeds of sale thereof towards thesatisfaction of any sums due from the contractorunder the contract and if thereafter there be anybalance outstanding from the contractor, it shallbe recovered in accordance with the provisionsof the contract. If the expenses incurred by theBSNL are less than the amount payable to thecontractor at his agreement rates, the differenceshall not be paid to the contractor.

In the event of above course(s) …… to be paidthe value so certified.The contractor, whose contract is determined orrescinded as above, shall be allowed toparticipate in the tendering process for thebalance work if he so desired.Does not exist

In the event of above course(s) …… to be paidthe value so certified.The contractor, whose contract is determinedas above, shall not be allowed to participate inthe tendering process for the balance work.

In case, the work cannot be started due toreasons not within the control of thecontractor within 1/8th of the stipulated timefor completion of work, either party mayclose the contract. In such eventuality, theEarnest Money Deposit and thePerformance Guarantee of the contractorshall be refunded, but no payment onaccount of interest, loss of profit ordamages etc. shall be payable at all.

CLAUSE6AComputerizedMeasurementBook

Does not exist

Engineer-in-Charge shall, except asotherwise provided, ascertain anddetermine by measurement the value ofwork done in accordance with the contract.All measurement of all items havingfinancial value shall be entered by thecontractor and compiled in the shape of theComputerized Measurement Book havingpages of A-4 size as per the format ofdepartment so that a complete record isobtained of all the items of worksperformed under the contract.All such measurement and levels recordedby the contractor or his authorizedrepresentative from time to time, during theprogress of the work, shall be got checkedby the contractor from the Engineer-in-Charge or his authorised representative asper interval or program fixed

Page 24: Name of work: Construction of 40 M (4-Legged) Narrow Based

24

in consultation with Engineer-in-Charge orhis authorized representative. After thenecessary corrections made by theEngineer-in-Charge, the measurement sheetsshall be returned to the contractor forincorporating the corrections and forresubmission to the Engineer-in-Charge forthe dated signatures by the Engineer-in-Charge and the contractor or theirrepresentatives in token of their acceptance.Whenever bill is due for payment, thecontractor would initially submit draftcomputerized measurement sheets andthese measurements would be gotchecked/test checked from the Engineer-in-Charge and/or his authorized representative.The contractor will, thereafter, incorporatesuch changes may be done during thesechecked/test checks in his draftcomputerized measurements, and submit tothe department a computerizedmeasurement book, duly bound, and with itspages machine numbered. The Engineer-in-Charge and/or his authorised representativewould thereafter check this MB, and recordthe necessary certificates for theirchecks/test checks.The final, fair, computerized measurementbook given by the contractor, duly bound,with its pages machine numbered, should be100% correct and no cutting or over-writingin the measurements would thereafter beallowed. If at all any error is noticed, thecontractor shall have to submit a freshcomputerized MB with its pages dulymachine numbered and bound, after gettingthe earlier MB cancelled by the department.Thereafter, the MB shall be taken in theDivisional Office records, and allotted anumber as per the Register of ComputerisedMBs. This should be done before thecorresponding bill is submitted to theDivision Officer for payment. The contractorshall submit two spare copies of suchcomputerized MBs for the purpose ofreference and record by the various officersof the department.The contractor shall also submit to thedepartment separately his computerizedAbstract of Cost and the bill based on thesemeasurements, duly bound, and its pagesmachine numbered along with two sparecopies of the bill. Thereafter, this bill will beprocessed by the Division

Page 25: Name of work: Construction of 40 M (4-Legged) Narrow Based

25

of measurements/ levels by the Engineer-in-Charge or his representative.Except where any general or detaileddescription of the work expressly shows tothe contrary, measurements shall be takenin accordance with the procedure set forth inthe specifications notwithstanding anyprovision in the relevant Standard Method ofmeasurement or any general or localcustom. In the case of items which are notcovered by specifications, measurementsshall be taken in accordance with therelevant standard method of measurementissued by the Bureau of Indian Standardsand if for any item no such standard isavailable then a mutually agreed methodshall be followed.The contractor shall give not less than sevendays‟ notice to the Engineer-in-Charge orhis authorised representative in charge ofthe work before covering up or otherwiseplacing beyond the reach of checking and/ortest checking the measurement of any workin order that the same may be checkedand/or test checked and correct dimensionsthereof be taken before the same is coveredup or placed beyond the reach of checkingand/or test checking measurement and shallnot cover up and place beyond reach ofmeasurement any work without consent inwriting of the Engineer-in-Charge or hisauthorized representative in-charge of thework who shall within the aforesaid period ofseven days inspect the work, and if any workshall be covered up or placed beyond thereach of checking and /or test checkingmeasurements without such notice havingbeen given or the Engineer-in-Charge’sconsent being obtained in writing the sameshall be uncovered at the Contractor’sexpense, or in default thereof no payment orallowance shall be made for such work orthe materials with which the same wasexecuted.Engineer-in-Charge or his authorisedrepresentative may cause either themselvesor through another officer of the departmentto check the measurements recorded bycontractor and all provisions stipulatedherein above shall be applicable to suchchecking of measurements or levels.It is also a term of this contract thatchecking and/or test checking themeasurements of any item of work in themeasurement book and/or its payment in theinterim, on account of final bill shall not beconsidered as conclusive evidence as to thesufficiency of any work or material to which

Page 26: Name of work: Construction of 40 M (4-Legged) Narrow Based

26

it relates nor shall it relieve the contractorfrom liabilities from any over measurementor defects noticed till completion of thedefects liability period.

CLAUSE10 B i)SecuredAdvanceon Non-perishableMaterials

The contractor on signing an indenture in theform to be specified by the Engineer-in-Charge, shall be entitled to be paid during theprogress of the execution of the work, upto75% of the assessed value of any materialswhich are in the opinion of the Engineer-in-Charge non-perishable, non-fragile and non-combustible and are in accordance with thecontract and which have been brought on thesite in connection therewith and areadequately stored and/or protected againstdamage by weather or other causes butwhich have not at the time of advance beenincorporated in the works. When materials onaccount of which an advance has been madeunder this sub-clause are incorporated in thework the amount of such advance shall berecovered/deducted from the next paymentmade under any of the clause or clauses ofthis contract.

Such secured advance ……… glass, sand,petrol, diesel etc.

The contractor on signing an indenture in theform to be specified by the Engineer-in-Charge,shall be entitled to be paid during the progress

of the execution of the work, up to 90% of theassessed value of any materials which are inthe opinion of the Engineer-in-Charge non-perishable, non-fragile and non-combustible andare in accordance with the contract and whichhave been brought on the site in connectiontherewith and are adequately stored and/orprotected against damage by weather or othercauses but which have not at the time ofadvance been incorporated in the works. Whenmaterials on account of which an advance hasbeen made under this sub-clause areincorporated in the work the amount of suchadvance shall be recovered/deducted from thenext payment made under any of the clause orclauses of this contract.

Such secured advance ……… glass, sand,petrol, diesel etc.

Page 27: Name of work: Construction of 40 M (4-Legged) Narrow Based

27

CLAUSE 10 C :(Payment duetoincrease/decrease inprices/wagesafterreceiptoftenderfor thework)

If the prices of materials (not being materialssupplied or services rendered at fixed prices bythe BSNL in accordance with Clauses 10 & 34thereof) and/or wages of labour required forexecution of the work increase, the contractorshall be compensated for such increase as perprovisions detailed below and the amount ofthe contract shall accordingly be varied,subject to the condition that suchcompensation for escalation in prices shall beavailable only for the work done during thestipulated period of the contract including suchperiod for which the contract’s validity isextended under the provisions of Clause 5 ofthe contract without any action under Clause 2and also subject to the condition that no suchcompensation shall be payable for a work forwhich the stipulated period of completion is18(Eighteen) months or less. Suchcompensation for escalation in the prices ofmaterials and labour, when due, shall beworked out based on the following provisions: -i) The base date for …s including extension, ifany.

ii) The cost of work on which the escalation willbe payable shall be reckoned as below: - Tableis same.

iii) Components of Cement, ReinforcementSteel, ............. Engineer-in-Charge in workingout such percentage shall be binding on thecontractor.

iv) The compensation for escalation forCement, Reinforcement Steel, Other Materialsand P.O.L. shall be worked out as per theformula given below:

a) Adjustment for component of Cement

……b) Adjustment for component ofReinforcement SteelVs = Qs * SPs * (SI-SIo) / SIoVs = Variation in Reinforcement Steel cost i.e.increase or decrease in the amount in rupeesto be paid or recovered.Qs = Quantity of Reinforcement Steelconsumed, based on theoretical consumption,or actual quantity consumed whichever isless during the Quarter.SPs = Star price of Reinforcement Steel as

If the prices of materials (not being materialssupplied or services rendered at fixed prices bythe BSNL in accordance with Clauses 10 & 34thereof) and/or wages of labour required forexecution of the work increase, the contractorshall be compensated for such increase as perprovisions detailed below and the amount ofthe contract shall accordingly be varied,subject to the condition that suchcompensation for escalation in prices shall beavailable only for the work done during thestipulated period of the contract including suchperiod for which the contract’s validity isextended under the provisions of Clause 5 ofthe contract without any action under Clause 2and also subject to the condition that no suchcompensation shall be payable for a work forwhich the stipulated period of completion is18(Eighteen) months or less. Suchcompensation for escalation in the prices ofmaterials and labour, when due, shall beworked out based on the following provisions: -i) The base date for ……s including extension,if any.

ii) The cost of work on which the escalation willbe payable shall be reckoned as below: - Tableis same

iii) Components of Cement, ReinforcementSteel, ................. Engineer-in-Charge inworking out such percentage shall be bindingon the contractor.

iv) The compensation for escalation forCement, Reinforcement Steel, Other Materialsand P.O.L. shall be worked out as per theformula given below:

a) Adjustment for component of Cement(No Change)

b) Adjustment for component ofReinforcement SteelVs = Qs * SPs * (SI-SIo) / SIoVs = Variation in Reinforcement Steel cost i.e.increase or decrease in the amount in rupeesto be paid or recovered.Qs = Quantity of Reinforcement Steelconsumed, based on theoretical consumption,or actual quantity consumed whichever isless during the Quarter.SPs = Star price of Reinforcement Steel asmentioned in Schedule F.

Page 28: Name of work: Construction of 40 M (4-Legged) Narrow Based

28

mentioned in Schedule F.SI= All India wholesale index for Bars andRods (Steel) for the period underconsideration as published by theEconomic Adviser to Government. of India,Ministry of Industry and Commerce.(In respect of the justified period extendedunder the provisions of clause-5 of thecontract without any action under clause 2,the index prevailing at the time of stipulateddate of completion or the prevailing indexof the period under consideration,whichever is less, shall be considered)SIo = All India wholesale index for Bars andRods (Steel) as published by the EconomicAdviser to Government of India, Ministry ofIndustry and Commerce, for the period underconsideration and that valid on the laststipulated date of receipt of tender includingextension if any.c) Adjustment for component of Galvanizedsteel

Vt = Qt * SPt * {0.85[(TI-TIo)/TIo ]+0.15[(ZI-ZIo)/ZIo]}Vt = Variation in Galvanized Steel cost i.e.increase or decrease in the amount in rupeesto be paid or recovered.Qt = Quantity of Galvanized Steel brought atsite or used in works since previous bill(whichever is earlier).SPt = Star price of Galvanized Steel asmentioned in Schedule F [to be fixed by theconcerned CE(C)].TI = All India wholesale index for Towersteel material (Angles , channels andsections) for the period underconsideration as published by theEconomic Adviser to Government. of India,Ministry of Industry and Commerce(In respect of the justified period extendedunder the provisions of clause-5 of thecontract without any action under clause 2,the index prevailing at the time of stipulateddate of completion or the prevailing indexof the period under consideration,whichever is less, shall be considered)

i) Index for the month when the lastconsignment of galvanized steel for the work isprocured orii) Index for the month in which half of thestipulated contract period is over

SI= All India wholesale index for Bars andRods (Steel) for the period underconsideration as published by theEconomic Adviser to Government. of India,Ministry of Industry and Commerce.(In respect of the justified period extendedunder the provisions of clause-5 of thecontract without any action under clause 2,the index prevailing at the time of stipulateddate of completion or the prevailing indexof the period under consideration,whichever is less, shall be considered)SIo = All India wholesale index for Bars andRods (Steel) as published by the EconomicAdviser to Government of India, Ministry ofIndustry and Commerce, for the period underconsideration and that valid on the laststipulated date of receipt of tender includingextension if any.c) Adjustment for component of Galvanizedsteel

Vt = Qt * SPt * {0.85[(TI-TIo)/TIo ]+0.15[(ZI-ZIo)/ZIo]}Vt = Variation in Galvanized Steel cost i.e.increase or decrease in the amount in rupeesto be paid or recovered.Qt = Quantity of Galvanized Steel brought atsite or used in works since previous bill(whichever is earlier).SPt = Star price of Galvanized Steel asmentioned in Schedule F [to be fixed by theconcerned CE(C)].TI = All India wholesale index for Towersteel material (Angles , channels andsections) for the period underconsideration as published by theEconomic Adviser to Government. of India,Ministry of Industry and Commerce(In respect of the justified period extendedunder the provisions of clause-5 of thecontract without any action under clause 2,the index prevailing at the time of stipulateddate of completion or the prevailing indexof the period under consideration,whichever is less, shall be considered)

(In respect of the justified period extendedunder the provisions of clause-5 of thecontract without any action under clause 2,the index prevailing at the time of stipulateddate of completion or the prevailing indexof the period under consideration,whichever is less, shall be considered)

Page 29: Name of work: Construction of 40 M (4-Legged) Narrow Based

29

CLAUSE 10 CA

iii) Index for the period under consideration.For the period extended under the provisionsof clause-5 of the contract without any actionunder clause 2, the same principle as for theperiod within stipulated period of completion,will apply.TIo = All India wholesale index for Tower steelmaterial (Angles , channels and sections) aspublished by the Economic Adviser toGovernment of India, Ministry of Industry andCommerce and that valid on the last stipulateddate of receipt of tender including extension ifany.ZI = All India wholesale index for Zinc for theperiod under consideration as published by theEconomic Adviser to Government of India,Ministry of Industry and Commerce. However,the price index shall be minimum of thefollowing:i) Index for the month when the lastconsignment of galvanized steel for the work isprocured orii) Index for the month in which half of thestipulated contract period is overiii) Index for the period under consideration.For the period extended under the provisionsof clause-5 of the contract without any actionunder clause-2, the same principle as for theperiod within stipulated period of completion,will apply.ZIo = All India wholesale index for Zinc aspublished by the Economic Adviser toGovernment of India, Ministry of Industry andCommerce and that valid on the last stipulateddate of receipt of tender including extension ifany.d)Adjustment for component of OtherMaterials(No Change)e) Adjustment for component of P.O.L.

(No Change)

If after submission of the tender, the price ofcement and/or reinforcement steel bars and/orgalvanized steel (not being materials suppliedfrom the Engineer-in Charge's stores inaccordance with Clauses 10 thereof)increase(s) / decreases beyond the price(s)prevailing at the time of the last stipulated dateof receipt of tenders (including extensions, ifany) for the work, then the amount of thecontract shall accordingly be varied andprovided further that any such variation shallbe effected for stipulated period of contractincluding the justified period extended

TIo = All India wholesale index for Tower steelmaterial (Angles , channels and sections) aspublished by the Economic Adviser toGovernment of India, Ministry of Industry andCommerce and that valid on the last stipulateddate of receipt of tender including extension ifany.ZI = All India wholesale index for Zinc forthe period under consideration aspublished by the Economic Adviser toGovernment of India, Ministry of Industryand Commerce.(In respect of the justified period extendedunder the provisions of clause-5 of thecontract without any action under clause 2,the index prevailing at the time of stipulateddate of completion or the prevailing indexof the period under consideration,whichever is less, shall be considered)ZIo = All India wholesale index for Zinc aspublished by the Economic Adviser toGovernment of India, Ministry of Industry andCommerce and that valid on the last stipulateddate of receipt of tender including extension ifany.

d) Adjustment for component of OtherMaterials(No Change)e) Adjustment for component of P.O.L.

(No Change)

If after submission of the tender, the price ofcement and/or reinforcement steel bars and/orgalvanized steel (not being materials suppliedfrom the Engineer-in Charge's stores inaccordance with Clauses 10 thereof)increase(s) / decreases beyond the price(s)prevailing at the time of the last stipulated dateof receipt of tenders (including extensions, ifany) for the work, then the amount of thecontract shall accordingly be varied andprovided further that any such variation shallbe effected for stipulated period of contractincluding the justified period extended underclause-5 of the

Page 30: Name of work: Construction of 40 M (4-Legged) Narrow Based

30

under clause-5 of the contract without anyaction under clause-2 subject to the conditionthat no such compensation shall be payable fora work for which the stipulated period ofcompletion is 03 (Three) months or less.However, in case of tower works,compensation under part (a), (b) & (c) of thisclause shall be payable/ recoverable to/fromthe agency for all contracts for which stipulatedperiod of completion is even less than 03(Three) months.The increase/decrease in prices ….. includingextension if any and for the period underconsideration.In case, price index of a particular material……. schedule-F shall be followed.

The amount of contract ….. as per the formulagiven below for individual material:a) Adjustment for component of Cement(No Change)

b) Adjustment for component ofReinforcement Steel

Vs = Qs * SPs * (SI-SIo) / SIoVs: Variation in Reinforcement Steel cost i.e.increase or decrease in the amount in rupeesto be paid or recoveredQs : Quantity of Reinforcement Steel paideither by way of secured advance or used inworks since previous bill (whichever is earlier)SPs Star price of Reinforcement Steel asmentioned in Schedule F.SI= All India wholesale index for Bars andRods (Steel) for the period under considerationas published by the Economic Adviser toGovernment. of India, Ministry of Industry andCommerce. However, the price index shall beminimum of the following:i) Index for the month when the lastconsignment of steel reinforcement for thework is procured orii) Index for the month in which half of thestipulated contract period is overiii) Index for the period under consideration.For the period extended under the provisionsof clause-5 of the contract without any actionunder clause 2, the same principle as for theperiod within stipulated period of completion,will apply.

contract without any action under clause-2subject to the condition that no suchcompensation shall be payable for a work forwhich the stipulated period of completion is 03(Three) months or less.However, in case of tower works,compensation under part (a), (b) & (c) of thisclause shall be payable/ recoverable to/fromthe agency for all contracts for which stipulatedperiod of completion is even less than 03(Three) months.The increase/decrease in prices ….. includingextension if any and for the period underconsideration.In case, price index of a particular material……. schedule-F ….. as per the formula givenbelow for individual shall be followed.The amount of contract material:

a) Adjustment for component of Cement(No Change)

b) Adjustment for component ofReinforcement Steel

Vs = Qs * SPs * (SI-SIo) / SIoVs: Variation in Reinforcement Steel cost i.e.increase or decrease in the amount in rupeesto be paid or recoveredQs : Quantity of Reinforcement Steel paideither by way of secured advance or used inworks since previous bill (whichever is earlier)SPs Star price of Reinforcement Steel asmentioned in Schedule F.SI= All India wholesale index for Bars andRods (Steel) for the period underconsideration as published by theEconomic Adviser to Government. of India,Ministry of Industry and Commerce

(In respect of the justified period extendedunder the provisions of clause-5 of thecontract without any action under clause 2,the index prevailing at the time of stipulateddate of completion or the prevailing indexof the period under consideration,whichever is less, shall be considered)

Page 31: Name of work: Construction of 40 M (4-Legged) Narrow Based

31

SIo : All India wholesale index for Bars andRods (Steel) as published by the EconomicAdviser to Government of India, Ministry ofIndustry and Commerce, for the period underconsideration and as valid on the last stipulateddate of receipt of tender including extension ifany.c) Adjustment for component of GalvanizedSteel

Vt = Qt * SPt * {0.85[(TI-TIo)/TIo ] + 0.15[(ZI-ZIo)/ZIo]}Vt = Variation in Galvanized Steel cost i.e.increase or decrease in the amount in rupees tobe paid or recovered.Qt = Quantity of Galvanized Steel brought at siteor used in works since previous bill (whicheveris earlier).SPt = Star price of Galvanized Steel asmentioned in Schedule-F [to be fixed by theconcerned CE(C)].TI = All India wholesale index for Tower steelmaterial (Angles , channels and sections) for theperiod under consideration as published by theEconomic Adviser to Government. of India,Ministry of Industry and Commerce. However,the price index shall be minimum of thefollowing:i) Index for the month when the lastconsignment of galvanized steel for the work isprocured orii) Index for the month in which half of thestipulated contract period is overiii) Index for the period under consideration.For the period extended under the provisions ofclause-5 of the contract without any actionunder clause 2, the same principle as for theperiod within stipulated period of completion, willapply.TIo = All India wholesale index for Tower steelmaterial (Angles, channels and sections) aspublished by the Economic Adviser toGovernment of India, Ministry of Industry andCommerce and that valid on the last stipulateddate of receipt of tender including extension ifany.ZI = All India wholesale index for Zinc for theperiod under consideration as published by theEconomic Adviser to Government of India,Ministry of Industry and Commerce. However,the price index shall be minimum of thefollowing:i) Index for the month when the last

SIo : All India wholesale index for Bars andRods (Steel) as published by the EconomicAdviser to Government of India, Ministry ofIndustry and Commerce, for the period underconsideration and as valid on the laststipulated date of receipt of tender includingextension if any.c) Adjustment for component ofGalvanized Steel

Vt = Qt * SPt * {0.85[(TI-TIo)/TIo ] + 0.15[(ZI-ZIo)/ZIo]}Vt = Variation in Galvanized Steel cost i.e.increase or decrease in the amount in rupeesto be paid or recovered.Qt = Quantity of Galvanized Steel brought atsite or used in works since previous bill(whichever is earlier).SPt = Star price of Galvanized Steel asmentioned in Schedule-F [to be fixed by theconcerned CE(C)].TI = All India wholesale index for Bars andRods (Steel) for the period underconsideration as published by theEconomic Adviser to Government. of India,Ministry of Industry and Commerce(In respect of the justified period extendedunder the provisions of clause-5 of thecontract without any action under clause2, the index prevailing at the time ofstipulated date of completion or theprevailing index of the period underconsideration, whichever is less, shall beconsidered)

TIo = All India wholesale index for Tower steelmaterial (Angles, channels and sections) aspublished by the Economic Adviser toGovernment of India, Ministry of Industry andCommerce and that valid on the laststipulated date of receipt of tender includingextension if any.ZI = All India wholesale index for Bars andRods (Steel) for the period underconsideration as published by theEconomic Adviser to Government. of India,Ministry of Industry and Commerce(In respect of the justified period extendedunder the provisions of clause-5 of the

Page 32: Name of work: Construction of 40 M (4-Legged) Narrow Based

32

consignment of galvanized steel for the work isprocured or

contract without any action under clause2, the index

CLAUSE12:(Deviations,Variations ExtentandPricing

ii) Index for the month in which half of thestipulated contract period is overiii) Index for the period under consideration.For the period extended under the provisions ofclause-5 of the contract without any actionunder clause-2, the same principle as for theperiod within stipulated period of completion, willapply.ZIo = All India wholesale index for Zinc aspublished by the Economic Adviser toGovernment of India, Ministry of Industry andCommerce and that valid on the last stipulateddate of receipt of tender including extension ifany.

12.1 The Engineer-in-Charge shall have power…... except as hereafter provided.

12.1.1 The time ……. requested by thecontractor, as follows:

(i) In the proportion ……l tendered value(+) plus

(ii) 25% of the time …..t authority under Clause-5.

12.1.2 Rates for such altered, additional orsubstituted work shall be determined by theEngineer-in-Charge as follows:

i) If the rate for altered, additional or substituteditem of work is specified in the schedule ofquantities, the contractor shall carry out thealtered, additional or substituted items at thesame rate. In the case of composite tenders,where two or more schedules of quantities mayform part of the contract, the applicable rateshall be taken from the schedule of quantities ofthat particular part in which the deviation isinvolved, failing that at the lowest applicablerates for the same item of work in the otherschedules of quantities.

ii) If the rate for any altered, additional, orsubstituted item of work is not specified in theschedule of quantities, the rate for that itemshall be derived from the rate for the nearestsimilar item specified therein. In case ofcomposite tender where two or more scheduleof quantities form part of the contract the rateshall be derived from the nearest similar item inthe schedule of quantities of the particular partof works in which the deviation is involved failingthat from the lowest of the nearest similar itemin other

prevailing at the time of stipulated date ofcompletion or the prevailing index of theperiod under consideration, whichever isless, shall be considered)

ZIo = All India wholesale index for Zinc aspublished by the Economic Adviser toGovernment of India, Ministry of Industry andCommerce and that valid on the laststipulated date of receipt of tender includingextension if any.

12.1 The Engineer-in-Charge shall havepower …... except as hereafter provided.

12.1.1 The time ……. requested by thecontractor, as follows:

(i) In the proportion ……l tendered value(+)plus(ii) 25% of the time …..t authority underClause-5.

Deleted

Page 33: Name of work: Construction of 40 M (4-Legged) Narrow Based

33

schedule of quantities. The rate of such itemshall be worked out on the basis of rate ofsimilar item plus the difference in rate of theoriginal item and the substituted item at the rateentered in Schedule of Rates mentioned inSchedule ‘F’ plus/minus the percentage bywhich the tendered amount of the works actuallyawarded is higher or lower than thecorresponding estimated amount of the worksactually awarded.iii) If the rate for any altered, additional orsubstituted item of work cannot be determinedin the manner specified in sub-para (i) to (ii)above, the contractor shall, within 15 days of thedate of receipt of the order to carry out the saidwork, inform the Engineer-in-Charge of the ratewhich he proposes to claim for such item ofwork, supported by analysis of the rate claimedand the Engineer-in-Charge shall, within threemonths thereafter, after giving dueconsideration to the rate claimed by thecontractor, determine the rate on the basis ofmarket rate(s). In the event of the contractorfailing to inform, the Engineer-in-Charge withinthe stipulated period of time, the rate, which heproposes to claim, the rate for such items shallbe determined by the Engineer-in-Charge onthe basis of market rate(s) prevailing during thefortnight following the date of the order plus tenper cent for profit and overhead.12.2 In the case of contract items, substituteditems, contract cum substituted items oradditional items which individually exceeds thedeviation limits laid down in Schedule ‘F’ thecontractor shall within fifteen days of receipt oforder or occurrence of the excess, claimrevision of the rates, supported by properanalysis, for the work in excess of the abovementioned limit provided that if the rate soclaimed are in excess of the rates specified inthe Schedule of Quantities of those derived inaccordance with the provisions of sub-para (i) to(ii) of conditions 12.1.2 and the Engineer-in-Charge shall, after giving consideration to theanalysis of the rates submitted by thecontractor, determine the rates on the basis ofmarket rates and the contractor shall be paid inaccordance with the stipulated rates sodetermined. In the event of the contractor failingto claim the revision of rates within thestipulated period, the Engineer-in-Charge shallmake payment at the rates as specified in theSchedule of Quantities or those alreadydetermined under sub-paras (i) to (ii) ofcondition 12.1.2 for the quantities in excess ofthe deviation limit laid down in Schedule ‘F’.

Does not exist

12.2 In the case of extra item(s) (items thatare completely new, and are in addition tothe items contained in the contract), thecontractor may, within 15 days of receiptof the order or occurrence of the item(s)claim rates, supported by proper analysis,for the work and the Engineer-in-Chargeshall, within one month of the receipt ofthe claim supported by analysis, aftergiving consideration to the analysis of therates submitted by the contractor,determine the rate on the basis of marketrate(s). In the event of the contractorfailing to inform, the Engineer-in-Chargewithin the stipulated period of time, therate, which he proposes to claim, the ratefor such items shall be determined by theEngineer-in-Charge on the basis of marketrate(s) prevailing during that period.In case of substituted items (items that aretaken up with partial substitution or in lieuof items of work in the contract), the ratefor the agreement item (to be substituted)and substituted item shall also bedetermined in the manner as mentionedbelow:-12.2.1 If the market rate for the substituteditem so determined is more than the

Page 34: Name of work: Construction of 40 M (4-Legged) Narrow Based

34

Does not exist

12.3 All the provisions of the precedingparagraph i.e. Clause 12.2 shall also apply tothe decrease in the rates of items for the work inexcess of the deviation limit and the Engineer-in-Charge may after giving notice to thecontractor and after taking into considerationany reply received from him, revise the rates forthe work in question having regard to decreasein the market rates.

12.4 The Engineer-in-Charge shall intimate tothe contractor the sanctioned rates of itemsfalling under the sub–clauses 12.1.2(i) to (ii)above within three months of written orders tocarry out the work and in case item falling undersub-clauses 12.1.2 (iii) and clauses 12.2 within

market rate of the agreement item (to besubstituted), the rate payable to thecontractor for the substituted item shall bethe rate for the agreement item (to besubstituted) so increased to the extent ofthe difference between the market rates ofthe substituted item and the agreementitem (to be substituted).12.2.2 If the market rate for the substituteditem so determined is less than the marketrate of the agreement item (to besubstituted), the rate payable to thecontractor for the substituted item shall bethe rate for the agreement item (to besubstituted) so decreased to the extent ofthe difference between the market rates ofthe substituted item and the agreementitem (to be substituted).In the case of contract items, substituteditems, contract cum substituted itemswhich exceeds the limits laid down inSchedule „F‟ the contractor may withinfifteen days of receipt of order oroccurrence of the excess, claim revision ofthe rates, supported by proper analysis,for the work in excess of the abovementioned limits, provided that if the rateso claimed are in excess of the ratesspecified in the Schedule of Quantities, theEngineer-in-Charge shall within one monthof receipt of the claims supported byanalysis, after giving consideration to theanalysis of the rates submitted by thecontractor, determine the rates on thebasis of market rates and the contractorshall be paid in accordance with thestipulated rates so determined for thequantities in excess of the deviation limitlaid down in schedule-F.12.3 The provisions of the precedingparagraph shall also apply to the decreasein the rates of items for the work in excess

of the limits laid down in Schedule „F‟,and the Engineer-in-Charge shall aftergiving notice to the contractor within onemonth of occurrence of the excess andafter taking into consideration any replyreceived from him within fifteen days ofthe receipt of the notice, revise the ratesfor the work in question within one monthof the expiry of the said period of fifteendays having regard to the market rates.12.4 The contractor shall send to theEngineer-in-Charge once every threemonths, an upto date account givingcomplete details of all claims for additionalpayments to which the contractor mayconsider himself entitled and of all

Page 35: Name of work: Construction of 40 M (4-Legged) Narrow Based

35

CLAUSE25Settlement ofDisputes&Arbitration

three months of intimation of rate claimed by thecontractor. The reduced rates of items fallingunder clause 12.3 shall be intimated within threemonths of the receipt of order by the contractor.Under no circumstances the contractor shallsuspend the work on the plea of non-settlementof rates or disputes in the rates fixed by theEngineer-in-Charge of the items falling underthe above clauses.

Does not exist

12.5 Any operation incidental to or necessarilyhas to be in contemplation of tenderer whilefiling tender, or necessary for proper executionof the item included in the Schedule ofQuantities or in the schedule of rates mentionedabove, whether or not, specifically indicated inthe description of the item and the relevantspecifications, shall be deemed to be includedin the rates quoted by the tenderer or the rategiven in the said schedule of rates, as the casemay be. Nothing extra shall be admissible forsuch operations.

Except where otherwise provided in the contractall questions and disputes relating to themeaning of the specifications, design, drawingsand instructions herein before mentioned and asto the quality of workmanship or materials usedon the work or as to any other question, claim,right, matter or thing whatsoever in any wayarising out of or relating to the contract, designs,drawings, specifications, estimates, instructionsorders or these conditions or otherwise

additional work ordered by the Engineer-in-Charge which he has executed during thepreceding quarter failing which thecontractor shall be deemed to have waivedhis right. However, the SuperintendingEngineer may authorize consideration ofsuch claims on merits.

12.5 For the purpose of operation ofSchedule “F”, the following works shall betreated as works relating to foundationunless & otherwise defined in the contract:-i) For Buildings: All works up to 1.2 mabove the ground level or up to floor 1 levelwhichever is lower.ii) For abutments, piers and well steining:All works up to 1.2 m above the bed level.iii) For retaining walls, wing walls,compound walls, chimneys, overheadreservoirs/tanks and the other elevatedstructures: All works up to 1.2 meters abovethe ground level.iv) For reservoirs/tanks (other thanoverhead reservoirs/tanks): All works up to1.2 metres above the ground level.v) For basement: All works upto1.2 m aboveground level or up to floor 1 level whicheveris lower.vi) For Roads, all items of excavation andfilling including treatment of sub base.12.6 Any operation incidental to ornecessarily has to be in contemplation oftenderer while filing tender, or necessaryfor proper execution of the item included inthe Schedule of Quantities or in theschedule of rates mentioned above,whether or not, specifically indicated in thedescription of the item and the relevantspecifications, shall be deemed to beincluded in the rates quoted by the tendereror the rate given in the said schedule ofrates, as the case may be. Nothing extrashall be admissible for such operations.

Except where otherwise provided in thecontract all questions and disputes relating tothe meaning of the specifications, design,drawings and instructions herein beforementioned and as to the quality ofworkmanship or materials used on the work oras to any other question, claim, right, matter orthing whatsoever in any way arising out of orrelating to the contract, designs, drawings,specifications, estimates, instructions orders or

Page 36: Name of work: Construction of 40 M (4-Legged) Narrow Based

36

concerning the works or the execution or failureto execute the same whether arising during theprogress of the work or after the cancellation,termination, completion or abandonment thereofshall be dealt with as mentioned hereinafter:-

these conditions or otherwise concerning theworks or the execution or failure to execute thesame whether arising during the progress ofthe work or after the cancellation, termination,completion or abandonment thereof shall bedealt with as mentioned hereinafter:-

If the contractor considers that he is entitled toany extra payment or compensation in respectof the works over and above the amountsadmitted as payable by the BSNL or in case thecontractor wants to dispute the validity of anydeductions or recoveries made or proposed tobe made from the contract, the contractor shallforthwith give notice in writing of his claim, inthis behalf to the Engineer-in-Charge within 30days from the date of disallowance thereof forwhich the contractor claims such additionalpayment or compensation or disputes thevalidity of any deduction or recovery. The saidnotice shall give full particulars of the claim,grounds on which it is based and detailedcalculations of the amount claimed and thecontractor shall not be entitled to raise any claimnor shall the BSNL be in any way liable inrespect of any claim by the contractor unlessnotice of such claim shall have been given bythe contractor to the Engineer-in-Charge in themanner and within the time as aforesaid. Thecontractor shall be deemed to have waived andextinguished all his rights in respect of anyclaims not notified to the Engineer-in-Charge inwriting in the manner and within the timeaforesaid.

(ii) The Engineer-in-Charge shall give hisdecision in writing on the claims notified by thecontractor within 30 days of the receipt of thenotice thereof. If the contractor is not satisfiedwith the decision of the Engineer-in-Charge, thecontractor may within 15 days of the receipt ofthe decision of the Engineer-in-Charge submithis claims to the conciliating authority named inSchedule ‘F’ for conciliation along with all detailsand copies of correspondence exchangedbetween him and the Engineer-in-Charge.

(iii) The party initiating conciliation shall send tothe other party a written invitation to conciliate.Conciliation proceedings shall commence whenthe other party accepts in writing the invitation to

(i) If the contractor considers that any workdemanded of him to be outside therequirements of the contract, disputes anydrawings, record or decision given inwriting by the Engineer-in-Charge on anymatter in connection with or arising out ofthe contract or carrying out of the work, tobe unacceptable, he shall promptly within15 days request the SuperintendingEngineer in writing for written instruction ordecision. Thereupon, the SuperintendingEngineer shall give his written instructionsor decision within a period of one month

from the receipt of contractor‟s letter.

(ii) If the Superintending Engineer fails togive his instructions or decision in writingwithin the aforesaid period or if thecontractor is dissatisfied with theinstructions or decision of theSuperintending Engineer, the contractorwithin a period of 30 days from receipt ofthe decision, give a notice, in the formprescribed by the BSNL as per Appendix-XVto the Chief Engineer, Bharat SancharNigam Limited in-charge of the work or ifthere be no Chief Engineer, to theAdministrative Head of the Bharat SancharNigam Limited for appointment of anarbitrator to adjudicate the notified claimsfailing which the said decision shall be finalbinding & conclusive and not referable toadjudication by the arbitrator.

Deleted

Page 37: Name of work: Construction of 40 M (4-Legged) Narrow Based

37

conciliate. If the other party rejects the invitation,or does not reply within thirty days from the dateof invitation, there will be no ConciliationProceedings.(iv) When it appears to the Conciliator that thereexists element of a settlement which may beacceptable to the parties, he shall formulate theterms of a possible settlement and submit themto parties for their observation after

Deleted

receiving the observations of the parties. Hemay reformulate the terms of a possiblesettlement in the light of such observations. Ifthe parties reach agreement on settlement ofthe dispute, they may draw up and sign awritten settlement agreement. Parties mayrequest the Conciliator to draw up or assistthem in drawing up the settlement agreement.Such settlement agreement shall have the samestatus and effect as if it is an arbitral award onagreed terms on the substance of the disputerendered by an arbitral tribunal under section 30of Arbitration and Conciliation Act 1996. If asettlement does not appear possible, theConciliator, after consultation with the partieswill give a written declaration that further effortsat Conciliation are no longer justified and theConciliation Proceedings are terminated.

(v) When conciliation proceedings have becomein-fructuous or have been terminated the party,which initiated the Conciliation shall, within aperiod of 30 days of termination thereof shallgive a notice, in the form prescribed by theBSNL, to the Chief Engineer, Bharat SancharNigam Limited in-charge of the work or if therebe no Chief Engineer, to the AdministrativeHead of the Bharat Sanchar Nigam Limited forappointment of an arbitrator to adjudicate thenotified claims failing which the claims of thecontractor shall be deemed to have beenconsidered absolutely barred and waived.(vi) Except where the decisions have becomefinal, binding and conclusive in terms of thecontract, all disputes arising out of the notifiedclaims of the contractor as aforesaid and allclaims of the BSNL shall be referred foradjudication through the arbitration by the SoleArbitrator appointed by the Chief Engineer,Bharat Sanchar Nigam Limited in-charge of thework or if there be no Chief Engineer, theAdministrative Head of the Bharat SancharNigam Limited. It will also be no objection to anysuch appointment that the Arbitrator soappointed is a BSNL Employee and that he hadto deal with the matters to which the Contractrelates in the course of his duties as BSNL

Deleted

(iii) Except where the decisions have becomefinal, binding and conclusive in terms of Subpara (ii) above, disputes or differences shallbe referred for adjudication through thearbitration by the Sole Arbitrator appointed bythe Chief Engineer, Bharat Sanchar NigamLimited in-charge of the work or if there be noChief Engineer, the Administrative Head of theBharat Sanchar Nigam Limited. It will also beno objection to any such appointment that theArbitrator so appointed is a BSNL Employeeand that he had to deal with the matters towhich the Contract relates in the course of hisduties as BSNL Employee. If the arbitrator soappointed is unable or unwilling to act or

Page 38: Name of work: Construction of 40 M (4-Legged) Narrow Based

38

Employee. If the arbitrator so appointed isunable or unwilling to act or resigns hisappointment or vacates his office due to anyreason whatsoever another sole arbitrator shallbe appointed in the manner aforesaid by thesaid Chief Engineer. Such person shall beentitled to proceed with the reference from thestage at which it was left by his predecessor.It is a term of this contract that the partyinvoking arbitration shall give a list of disputeswith amounts claimed in respect of each disputealong-with the notice for appointment ofarbitrator.

resigns his appointment or vacates his officedue to any reason whatsoever another solearbitrator shall be appointed in the manneraforesaid by the said Chief Engineer. Suchperson shall be entitled to proceed with thereference from the stage at which it was left byhis predecessor.

It is a term of this contract that the partyinvoking arbitration shall give a list of disputeswith amounts claimed in respect of eachdispute along-with the notice for appointment ofarbitrator and giving reference to therejection by the Superintending Engineer ofthe appeal.

CLAUSE36Employment ofTechnical Staffandemployees

It is also a term …… arbitration at all.

The conciliation and arbitration shall beconducted in accordance with the provisions ofthe Arbitration & Conciliation Act 1996 or anystatutory modification or re-enactment thereofand the rules made there under and for the timebeing in force shall apply to the arbitrationproceeding under this clauseIt is also a term of …… give reasons for theaward for each dispute referred to him.It is also a term ….. equally by both the parties.It is also a term …….. costs to be so paid

Contractors Superintendence, Supervision,Technical Staff & Employees

i) The contractor ……. under the contract.The contractor shall immediately after receivingletter of acceptance of the tender and beforecommencement of the work, intimate in writingto the Engineer-in-Charge the name,qualifications, experience, age, address andother particulars along with certificates, of theprincipal technical representative to be incharge of the work. Such qualifications andexperience shall not be lower than specified inSchedule ‘F’. The Engineer-in-Charge shallwithin 15 days of receipt of such communication

It is also a term …… arbitration at all.It is also a term of this contract that ifcontractor does not make any demand forappointment of arbitrator in respect of anyclaims in writing as aforesaid within 120days of receiving the intimation from theEngineer-in-charge that the final bill is readyfor payment, the claim of the contractorshall be deemed to have been waived andabsolutely barred and BSNL shall bedischarged and released of all liabilitiesunder the contract in respect of theseclaims.The arbitration shall be conducted inaccordance with the provisions of theArbitration & Conciliation Act 1996 or anystatutory modification or re-enactment thereofand the rules made there under and for thetime being in force shall apply to the arbitrationproceeding under this clauseIt is also a term of …… give reasons for theaward for each dispute referred to him.It is also a term ….. equally by both the parties.It is also a term …….. costs to be so paid

Contractors Superintendence, Supervision,Technical Staff & Employeesi) The contractor ……. under the contract.

The contractor shall immediately after receivingletter of acceptance of the tender and beforecommencement of the work, intimate in writingto the Engineer-in-Charge the name,qualifications, experience, age, address andother particulars along with certificates, of theprincipal technical representative to be incharge of the work and other technicalrepresentative(s) who will be supervisingthe work. Minimum requirement of suchtechnical representative(s) and their

Page 39: Name of work: Construction of 40 M (4-Legged) Narrow Based

39

intimate in writing his approval or otherwise ofsuch representative to the contractor. Any suchapproval may at any time be withdrawn and incase of such withdrawal, the contractor shallappoint another such representative accordingto the provisions of this clause. Decision of theEngineer-in-Charge shall be final and bindingon the contractor in this respect. Such aprincipal technical representative shall beappointed by the contractor soon after receipt ofthe approval from the Engineer-in-Charge andshall be available at site within fifteen days ofstart of the work.

If the contractor (or any partner in case offirm/company) who himself has suchqualifications, it will not be necessary for thesaid contractor to appoint such a principaltechnical representative but the contractor shalldesignate and appoint a responsible agent torepresent him and to be present at the workwhenever the contractor is not in a position tobe so present. All the provisions applicable tothe principal technical representative under theClause will also be applicable in such a case tocontractor or his responsible agent. Theprincipal technical representative and/or thecontractor shall on receiving reasonable noticefrom the Engineer-in-Charge or his designatedrepresentative(s) in charge of the work in writingor in person or otherwise, present himself to theEngineer-in-Charge and/or at the site of work,as required, to take instructions. Instructionsgiven to the Principal technical representative orthe responsible agent shall be deemed to havethe same force as if these have been given tothe contractor. The principal technicalrepresentative and/or the contractor or hisresponsible authorised agent shall be actuallyavailable at site at least two working days everyweek, these days shall be determined inconsultation with the Engineer-in-Charge aswell as fully during important stages ofexecution of work, during recordingmeasurement of works and whenever sorequired by the Engineer-in-Charge by a noticeas aforesaid and shall also note downinstructions conveyed by the Engineer-in-Charge or his designated representative in thesite order book and shall affix his signature intoken of noting down the instructions and intoken of acceptance of measurements. Thereshall be no objection if the representative/agent

qualifications and experience shall not belower than specified in Schedule ‘F’. TheEngineer-in-Charge shall within 15 days ofreceipt of such communication intimate inwriting his approval or otherwise of suchrepresentative to the contractor. Any suchapproval may at any time be withdrawn and incase of such withdrawal, the contractor shallappoint another such representative accordingto the provisions of this clause. Decision of theEngineer-in-Charge shall be final and bindingon the contractor in this respect. Such aprincipal technical representative shall beappointed by the contractor soon after receiptof the approval from the Engineer-in-Chargeand shall be available at site within fifteen daysof start of the work

Deleted.

Page 40: Name of work: Construction of 40 M (4-Legged) Narrow Based

40

looks after more than one work and not morethan three works in the same station providedthese details are disclosed to the Engineer-in-Charge and he shall be satisfied that theprovisions and purpose of this clause arefulfilled satisfactorily.

If the Engineer-in-Charge, whosedecision in this respect is final and bindingon the contractor, is convinced that no suchtechnical representative or agent iseffectively appointed or is effectivelyattending or fulfilling the provisions of thisclause, a recovery shall be effected from thecontractor as specified in Schedule ‘F’ andthe decision of the Engineer-in-Charge asrecorded in the site order book andmeasurement recorded in MeasurementBooks shall be final and binding on thecontractor.

If the Engineer-in-Charge, whose decision inthis respect is final and binding on thecontractor, is convinced that no such technicalrepresentative or agent is effectively appointedor is effectively attending or fulfilling theprovisions of this clause, a recovery shall beeffected from the contractor as specified inSchedule ‘F’ and the decision of the Engineer-in-Charge as recorded in the site order bookand measurement recorded in MeasurementBooks shall be final and binding on thecontractor.

Further if the contractor fails to appointa suitable technical representative orresponsible agent and if such appointedpersons are not effectively present or donot discharge their responsibilitiessatisfactorily, the Engineer-in-Chargeshall have full powers to suspend theexecution of the work until such date asa suitable agent is appointed and thecontractor shall be held responsible forthe delay so caused to the work. Thecontractor shall submit a certificate ofemployment of the technicalrepresentative/ responsible agent along-with every on account bill/ final bill andshall produce evidence if at any time sorequired by the Engineer-in-Charge.

ii)The contractor shall …………….. forproper supervision of the work.The contractor shall execution of thework.The Engineer-in-Charge shall be …possible by competent substitutes

Further if the contractor fails to appoint asuitable principal technical representativeand/ or other technical representative(s)and if such appointed persons are noteffectively present or are absent by morethan two days without duly substitute ordo not discharge their responsibilitiessatisfactorily, the Engineer-in-Charge shallhave full powers to suspend the executionof the work until such date as a suitableother technical representative(s) is/areappointed and the contractor shall be heldresponsible for the delay so caused to thework. The contractor shall submit acertificate of employment of the technicalrepresentative(s) along-with every onaccount bill/ final bill and shall produceevidence if at any time so required by theEngineer-in-Charge.ii)The contractor shall ………………….. forproper supervision of the work.The contractor shall .. execution of the work.

The Engineer-in-Charge shall be …………possible by competent substitutes

Page 41: Name of work: Construction of 40 M (4-Legged) Narrow Based

41

CLAUSE 37 Levy/Taxes Payable byContractor

CLAUSE 38Conditions forreimbursement ofLevy/ Taxes, iflevied after receiptof tenders

i) Sales Tax/VAT (except Service Tax),Building and other ConstructionWorkers Welfare Cess or any other taxor cess in respect of this contract shallbe payable by the contractor and BSNLshall not entertain any claim whatsoeverin this respect. However, in respect ofService Tax, same shall be paid by thecontractor to the concerned departmenton demand and it will be reimbursed tohim by the Engineer-in-Charge aftersatisfying that it has been actually andgenuinely paid by the contractor.

ii) The contractor shall deposit …….from local authorities.iii) If pursuant to or under any law, ……as aforesaid from dues of the contractor

i) All tendered rates shall be inclusiveof all taxes and levies (exceptService Tax) payable underrespective statutes. However, if anyfurther tax or levy or cess is imposedby statute, after the last stipulateddate for the receipt of tender includingextensions, if any, and the contractorthereupon necessarily and properlypays such taxes/levies the contractorshall be reimbursed the amount sopaid, provided such payments, if any,is not, in the opinion of theSuperintending Engineer ( whosedecision shall be final and binding onthe contractor) attributable to delay inexecution of work within the control ofthe contractor.

i) Sales Tax/VAT (including Service Taxup to the extent mentioned in schedule`F`), Building and other ConstructionWorkers Welfare Cess or any other taxor cess in respect of this contract shallbe payable by the contractor and BSNLshall not entertain any claim whatsoeverin this respect.

ii) The contractor shall deposit ….. from localauthorities.iii) If pursuant to or under any law….. asaforesaid from dues of the contractor.

i) All tendered rates shall be inclusive of alltaxes and levies (including Service Tax upto the extent mentioned in schedule`F`under clause-37(i)], payable underrespective statutes. However, if anyfurther tax or levy or cess is imposed bystatute, after the last stipulated date for thereceipt of tender including extensions, ifany, and the contractor thereuponnecessarily and properly pays suchtaxes/levies the contractor shall bereimbursed the amount so paid, providedsuch payments, if any, is not, in the opinionof the Superintending Engineer ( whosedecision shall be final and binding on thecontractor) attributable to delay in executionof work within the control of the contractor.

ii) The contractor shall keep necessary books ofaccounts and other documents for the purposeof this condition as may be necessary and shallallow inspection of the same by a dulyauthorised representative of the Governmentand/or the Engineer-in-Charge and further shallfurnish such other information/document as theEngineer-in-Charge may require from time totime.iii) The contractor shall, within a period of 30days of the imposition of any such further tax orlevy, pursuant to the Constitution (Forty SixthAmendment) Act 1982, give a written noticethereof to the Engineer-in-Charge that the sameis given pursuant to this condition, together withall necessary information relating thereto

ii) The contractor shall keep necessary booksof accounts and other documents for thepurpose of this condition as may be necessaryand shall allow inspection of the same by a dulyauthorised representative of BSNL and/or theEngineer-in-Charge and shall also furnish suchother information/document as the Engineer-in-Charge may require from time to time.

iii) The contractor shall, within a period of 30days of the imposition of any such further taxor levy or cess, give a written notice thereof tothe Engineer-in-Charge that the same is givenpursuant to this condition, together with allnecessary information relating thereto

Page 42: Name of work: Construction of 40 M (4-Legged) Narrow Based

42

APPENDIX- XVNotice for appointment of Arbitrator

[Refer Clause 25]ToThe Chief EngineerBSNL Civil Zone……………………

Dear Sir,

In terms of clause 25 of the agreement, particulars of which are given below, I/we hereby give notice toyou to appoint an arbitrator for settlement of disputes mentioned below:1. Name of applicant2. Whether applicant is Individual/Prop. Firm/Partnership Firm/Ltd. Co.3. Full address of the applicant4. Name of the work and contract number in which arbitration sought5. Name of the Division which entered into contract6. Contract amount in the work7. Date of contract8. Date of contract Date of initiation of work9. Stipulated date of completion of work10. Actual date of completion of work (if completed)11. Total number of claims made12. Total amount claimed13. Date of intimation of final bill (if work is completed)14. Date of payment of final bill (if work is completed)15. Amount of final bill (if work is completed)16. Date of request made to SE for decision17. Date of receipt of SE‟s decision18. Date of appeal to you19. Date of receipt of your decision.

Specimen signatures of the applicant(only the person/authority who signed the contract should sign)

I/We certify that the information given above is true to the best of my/our knowledge. I/We enclose followingdocuments.

1. Statement of claims with amount of claims.2.3.4.

Yours faithfully,(Signatures)

Copy in duplicate to:

1. The Executive Engineer,…………………Division.

Page 43: Name of work: Construction of 40 M (4-Legged) Narrow Based

43

ABRIDGED FORM BSNL W-7/8

BHARAT SANCHAR NIGAM LIMITED(A Government of India Enterprise)

STATE-KARNATAKA BSNL CIVIL CIRCLE, HUBLI

BSNL CIVIL DIVISION, HUBLI

ZONE—KARNATAKA BSNL CIVIL SUB DIVN, KARWAR

Item Rate Tender & Contract for WorksA. Tender for the work of :

Name of work: Construction of 40 M (4-Legged) Narrow Based GSM Towersincluding foundation, Erection and Earthing in KUMBARWADA,KARWAR SSA under UTTAR KANNADA DISTRICT Ph- 7.1 Project

To be submitted by 15.00 hours on 16.12.2013 to THE EXECUTIVE ENGINEER, BSNLCIVIL DIVISION, HUBLI

(i) To be opened in presence of tenderers who may be present at 15.30 hours on 1612.2013 inthe office of THE EXECUTIVE ENGINEER, BSNL CIVIL DIVISION, HUBLI

Issued to : ……………………………………………………..(Contractor)

Signature of officer issuing the documents : …………………………..

Designation : …………………………………………….. ………….

Date of Issue : ………………………………………………………….

T E N D E R

I / We have read and examined the Notice Inviting Tender, Schedule A, B, C, D, E & F,Specifications applicable, Drawings & Design, General Rules and Directions, Conditions of Contract,Clauses of Contract, Special conditions, Schedule of Rate & other documents and Rules referred to inthe Conditions of Contract and all other contents in the tender document for the work.

I / We hereby tender for the execution of the work specified for BHARAT SANCHAR NIGAMLIMITED within the time specified in schedule ‘F’, viz., schedule of quantities and in accordance in allrespects with the specifications, designs, drawings and instructions in writing referred to in Rule-1 ofGeneral Rules and Directions and in Clause 11 of the Conditions of the contract and with such materialsas are provided for, by and in respect in accordance with, such conditions so far as applicable.

I/We agree to keep the tender open for 30 (THIRTY) days from the due date of submission thereof andnot to make any modifications in its terms and conditions. If i/We withdraw my/our tender before the saidperiod or issue of letter of acceptance/intent, whichever is earlier, or, makes any modifications in theterms and conditions of the tender which are not acceptable to the BSNL, then the BSNL shall, withoutprejudice to any other right or remedy, be at liberty to forfeit 50% of the said earnest money as aforesaid.

A sum of Rs. 9,000/- has been deposited in form of Demand draft/ Bankers Cheque/ Deposit at CallReceipt of a Scheduled Bank as earnest money. If I/We fail to commence the work specified I/We agreethat the said Bharat Sanchar Nigam Limited shall without prejudice to any other right or remedy, be atliberty to forfeit the said earnest money absolutely otherwise the said earnest money shall be retained by

Page 44: Name of work: Construction of 40 M (4-Legged) Narrow Based

44

competent authority on behalf of the Bharat Sanchar Nigam Limited towards Security Deposit to executeall the works referred to in the tender documents upon the terms and conditions contained or referred totherein and carry out such deviations as may be ordered, upto maximum of the percentage mentioned inSchedule ‘F’ and those in excess of that limit at the rates to be determined in accordance with theprovision contained in Clause 12.2 and 12.3 of the tender form.

I/We agree that, in case of works of estimated cost exceeding Rs.15, 00,000/-, to deposit an amountequal to 5% of Tendered value of the work as performance guarantee in the form of bond of anyScheduled Bank of India in accordance with the proforma prescribed or in the form of Fixed DepositReceipt etc., within 15 days of the issue of letter of acceptance of Tender by the BSNL. I/We am/areaware that in the event of failure on my/our part to furnish the Bank Guarantee within 15 days, theearnest money will be forfeited and tender cancelled

I/We hereby intimate that for receiving payments I/we have an account in __________________ Bankwith account No. _____________________ Where the ECS/EFT facility of e-payment is available.

I/We hereby declare that I/We shall treat the tender documents drawings and other records connectedwith the work as secret/confidential documents and shall not communicate information derived there-from to any person other than a person to whom I/We am/are authorized to communicate the same oruse the information in any manner prejudicial to the safety of the State.

I/We agree that should I/We fail to commence the work specified in the above memorandum, an amountequal to the amount of the earnest money mentioned in the form of invitation of tender shall beabsolutely forfeited to the Bharat Sanchar Nigam Limited and the same may at the option of thecompetent authority on behalf of the Bharat Sanchar Nigam Limited be recovered without prejudice toany right or remedy available in law out of the deposit in so far as the same may extend in terms of thesaid bond and in the event of deficiency out of any other money due to me/us under this contract orotherwise.The information in respect of works in hand is as per proforma enclosed.I/we agree that this contract is subject to jurisdiction of Court at Hubli only ( where the NIT/Tender hasbeen issued )Dated………………….Witness : ………………… (……………………….)Address : …………... Signature of Contractor

Occupation : ………………………. Postal Address : …………………….

****************************************

A C C E P T A N C E

The above tender (as modified by you (Contractor) and as provided in the letters mentionedhereunder) is accepted by me for and on behalf of the Bharat Sanchar Nigam Limited for a sum ofRs.__________________________(Rupees_________________________________________ )

The letters referred to below shall form part of this Contract Agreement:-(a)

(b)

For & on behalf of the Bharat Sanchar Nigam Limited.

Name and Signature___________________________Dated…………… Designation_________________________

Page 45: Name of work: Construction of 40 M (4-Legged) Narrow Based

45

PROFORMA OF SCHEDULES( 0perative Schedules to be supplied separately to each of the intending tenderer)

SCHEDULE “A”Schedule of Quantities (as per BSNL -3)

SCHEDULE “B”Schedule of Materials to be issued to the contractor

S. No. Description ofItem

Quantity Rates in figures & words atwhich the materials will becharged from the contractor

Place of issue

1 2 3 4 5

Contractor shall have to make own arrangements for Steel reinforcement & Cement.However the required Tower materials as per the manufacturer delivery challan (Voucher) willbe issued. The transportation of the material to the site will be paid as per the agreement items.

SCHEDULE “C”Tools and Plants to be hired to the contractor

S. No. Description of Item Hire charges per day Place of issue1 2 3 4

Contractor shall have to make own arrangements of all Tools and Plants required for the work.

SCHEDULE “D”Extra schedule for specific requirements /(1) Application for Participation for Tender. documents for work, if any.(2) Undertaking for Tenderer who have down loaded the Tender Documents from Web Site(3) Additional Conditions of Contract.(4) Specifications.(5) Certificate regarding declaration of near relative working in BSNL.(6) Service tax conditions(7) List of sites.

SCHEDULE “E”

Escalation :- Price variation as per clause 10CA is not applicable

CLAUSE 10 C NOT APPLICABLEComponent of Materialsexpressed as percent of TotalValue of Work

NOT APPLICABLE

Component of Labour expressedas percent of Total Value of Work NOT APPLICABLE

CLAUSE 10 CA NOT APPLICABLECLAUSE 10 D NOT APPLICABLE

Page 46: Name of work: Construction of 40 M (4-Legged) Narrow Based

46

SCHEDULE “F”Reference to General Conditions of Contract

Name of Work Construction of 40 M (4-Legged) Narrow Based GSMTowers including foundation, Erection and Earthing inKUMBARWADA, KARWAR SSA under UTTAR

KANNADA DISTRICT Ph- 7.1 Project

Estimated cost of Work Rs. 4,49,241/- (Rupees Four Lacs Forty Nine ThousandTwo Hundred Fourty One only)

Earnest Money Rs.9,000/-

Performance Guarantee(5 % of the tendered value in theform of Bank Guarantee fromScheduled Bank in respect ofworks with estimated cost put totender exceeding Rs. 15 Lakhs)

NOT APPLICABLE

Security Deposit(10 % of the tendered value forworks with estimated cost put totender up to Rs. 15Lakhs) (5 % ofthe tendered value in the form ofBank Guarantee from ScheduledBank in respect of works withestimated cost put to tenderexceeding Rs. 15 Lakhs)

Rs.____________________(Rupees ______ ____________________

_____________________________________ _________________only)

GENERAL RULES AND DIRECTIONSOfficers inviting tender EXECUTIVE ENGINEER, BSNL CIVIL DIVISION,

HUBLIMaximum percentage for quantity ofitems of work to be executed beyondwhich rates are to be determined inaccordance with Clause 12.2 & 12.3

50%

Definitions See below

2(v) Engineer-in charge EXECUTIVE ENGINEER, BSNL CIVIL DIVISION,HUBLI

2(viii) Accepting Authority EXECUTIVE ENGINEER BSNL CIVIL DIVISION ,HUBLI

2(x) Percentage on cost of materialsand Labour to cover alloverheads and profit

10 %

2(xi) Standard Schedule of Rates DELHI SCHEDULE OF RATES- 2012 PUBLISHED BYCPWD with a reduction factor of 110/115 with upto datecorrection slips as on the date of opening of tenders

2(xii) Department BHARAT SANCHAR NIGAM LIMITED

Page 47: Name of work: Construction of 40 M (4-Legged) Narrow Based

47

9(ii) Standard BSNL Contract Form BSNL W-7/8 (modified and corrected with upto datecorrection slips as on the date of opening of tenders)

Clause 2

Authority for fixing compensationunder Clause 2

Executive Engineer, BSNL Civil Division , HUBLI

Clause 2A - Not Applicable

Clause 3A - Applicable

Clause 5

i) Time allowed for execution ofwork.

2 (Two) Months

Ii) Authority to give fair andreasonable extension of time forcompletion of work.

Executive Engineer, BSNL Civil Division , HUBLI willdecide the EOT

Clause 6A - Not ApplicableClause 7Gross value of work to be done togetherwith net payment /adjustment ofadvances for materials collected, if any,since the last such payment for beingeligible to interim payment.

See special condition No.13.1

(Minimum Work done for qualifying RA Bill Should be

Rs. 2,00,000/-)

Clause 10 : Reinforcement Steel to beused in the work shall have to beprocured

TMT Bars manufactured by Main producers havingholding BIS Licence.

Clause 11Specification to be followed forexecution of work.

CPWD Specifications 2009 with up to date correction slips

Clause 1212.1.2(iii) Schedule of rates for

determining the rates foradditional, altered orsubstituted items thatcannot be determinedunder 12.1.2(i) and (ii).

DELETED

12.1.2(iii) Plus/ minus (+ / -) the %over the rate entered in theschedule of rates.

DELETED

12.2 &12.3

Limit for value of any itemof any individual tradebeyond which sub clauses(i) to (v) shall not apply andclauses 12.2. & 12.3 shallapply.

50% (Fifty Percentage)

Clause 16Competent authority for decidingreduced rates.

SUPERINTENDING ENGINEER, BSNL CIVILCIRCLE , Hubli

Page 48: Name of work: Construction of 40 M (4-Legged) Narrow Based

48

Clause 25Competent authority for conciliation DELETED

Clause 36(i)General guideline for fixing requirement of technical staff and rate of recovery in case of non-compliance, for a work, shall be as per the following table:

Sl.N

o

Min

imum

qualif

ication

of

technic

al

Repre

senta

tive

Dis

cip

line

Desig

nation(P

rincip

al/

Technic

al/

Technic

al

Repre

senta

tive)

Min

imum

Experience

Num

ber

Rate

atw

hic

hR

ecovery

shall

be

made

from

the

contr

act

or

inth

eevent

of

notfu

lfill

ing

pro

vis

ion

ofC

lause

36(

I)

Figures words1 Graduate

EngineerCivil Principal

TechnicalRepresentative

Nil 1 10000/-permonth

Rupees Ten Thousandper Month

OR

2 DiplomaEngineer

Civil 5Years

1 10000/- permonth

Rupees Ten Thousandper Month

Clause 42i) Schedule / statement for determining theoretical quantities of cement & bitumen on the

basis of Delhi Schedule of Rates 2012 Printed by CPWD with up to date correctionslips as on the date of opening of tenders.

ii) Variation permissible on theoretical quantities

a) Cement for works with estimated costs put to tenderi) not more than Rs. 5 lakhs 3 % minus

ii) more than Rs. 5 lakhs 2 % minus

b) Steel reinforcement and structural steel sections for eachdiameter, section and category.

2 % minus

Star prices to be considered for escalation and Recoveries

Sl. No Material Star Price(Rate in Figures and Words)

1 For Cement (43 Grade) OPC (Main Producer ) Rs.6,800/- (Rupees Six Thousand EightHundred only) per MT

2 For Reinforcement Steel TMT bars conformingto relevant IS Code (Primary Producer)

Rs.54,198/- (Rupees Fifty FourThousand One Hundred Ninety Eightonly) per MT

3 Galvanized steel communication TowerMaterials such as Angels flats plates, nutsand bolts. (Primary Producer)

Rs.63,891/- (Rupees Sixty ThreeThousand Eight Hundred Ninety Oneonly) per MT

Page 49: Name of work: Construction of 40 M (4-Legged) Narrow Based

49

Modifications in Schedule F”

Clause No. Present Provision in the Clause Modified Provision in the ClauseClause 37(i) Extent of Service Tax payable by

contractor for building andconstruction works.

...............No Provision.............

Extent of Service Tax payable by Contractor forBuilding and Construction works.

50% of Total Service tax, as per notification issued byMinistry of Finance., Govt. Of India vide notificationNo. 30/2012-Service Tax dated : 20/06/2012

The rate for Recovery under clause 42 shall be same as the star priceNote:1. Cement: Normally 43 grade O.P.C. shall be used in the work. However, if notavailable, the Engineer-in-charge can allow other higher grade of Cement. If the marketrate of other grade and type of cement is less than 43 grade OPC, the difference of costwill be deducted from running bill/ final bills. In case, the market rate of other highergrade of Cement is more than 43 grade OPC, nothing extra will be paid. Criteria fortesting of Cement shall be as per the BIS codes and the guide lines given for procurementetc. in standard BSNL W-8 with up to date correction slips for cement to be followed.

2. Reinforcement Steel: Steel reinforcement of grade Fe 415 of main producers(TISCO, SAIL & RINL) shall be used. However, High strength deformed steel barsproduced by the Thermo-Mechanical treatment process of grade Fe 500 & Fe 550 andconforming to other requirements of IS 1786 : 1985 produced by the main producers maybe used for the reinforcement. Nothing extra will be paid for using higher grade steel.

3. Structural steel:-The structural steel like angles, flats, MS pipes etc. shall beconforming to IS specifications if it is procured by secondary producers.

4. The Zinc for galvanizing should confirm to IS 13229-1991.

5. All members and fasteners of Tower structure are to be hot dip galvanized. Galvanizingof members of the tower shall confirm to IS 4759 and 2629. Bolts and other fasteners shallbe galvanized in accordance with Is 1367 (part13). The total mass of galvanizing coatingshall not be less than 610gm/sqm (i.e.85micron) thickness.

EXECUTIVE ENGINEER,BSNL CIVIL DIVISION, HUBLI

Page 50: Name of work: Construction of 40 M (4-Legged) Narrow Based

50

G E N E R A L I N S T R U C T I O N S

1. The entire work shall in general conform to the C.P.W.D. Specifications for Works 2009 with allcorrection slips issued up to date as on the date of opening of tenders and description in theSchedule of Quantities, additional conditions, special conditions, additional specifications, latestrelevant Bureau of Indian Standard codes and the drawings.

2. All the above quoted documents shall be considered complementary to each other. However incase of conflict among the various provisions, the following order of precedence shall befollowed.

a) Provision in nomenclature of item in schedule of quantities, including drawings, if anymentioned therein

b) Special Conditions.c) Additional Conditions of the Contract.d) Additional Specifications.e) C.P.W.D. Specifications.f) Latest relevant B.I.S. codesg) Drawings of the work not specifically mentioned in the nomenclature of the item.h) The decision of the Engineer-in charge given in writing based on sound engineering

practice and local usage shall be final and binding on the contractor

3. Where ever “C.P.W.D. Specification” is referred to in the tender documents, it shall mean“C.P.W.D. Specifications for Works 2009 with all up to date correction slips as on the date ofopening of tenders”.

4. Wherever any reference to any Indian Standard Specifications (B.I.S.) occurs in the documentsrelating to this contract, the same shall be inclusive of all up to date amendments or revisions.

5. Where ever “D.S.R.” is referred to in the tender documents, it shall mean “C.P.W.D. DelhiSchedule of Rates 2012 with all up to date correction slips as on the date of opening of tenders”.

6. The work shall be executed and measured as per Metric Dimensions given in the schedule ofquantities, drawings etc. (F.P.S. units wherever indicated are for guidance only).

EXECUTIVE ENGINEER,BSNL CIVIL DIVISION, HUBLI

Page 51: Name of work: Construction of 40 M (4-Legged) Narrow Based

51

ADDITIONAL CONDITIONS OF CONTRACT”

1. Location of site mentioned in NIT may change due to administrative reasonsby the Engineer –in- Charge with prior approval of the tender acceptingauthority. Nothing extra will be paid on this account.

2. Items covered under this agreement shall be operative for a period of 2(Two)

Months from the 10th Day of date of acceptance by the competent authority.

3. Quantities mentioned in the schedule are approximate and are liable to changeeither way i.e. (+ / -) 50 % variation.

4. Contractor shall make necessary arrangement for acceptance / testing ofmaterials used as well as work executed wherever required.

5. Work is to be executed in coordination with other arms of the department likeElectrical / Installation/ Telecom and also with building owner in case of rentedbuildings / sites.

6. The tender is for works to be executed in KARWAR DISTRICTS. In case theworks are dropped for some or the other reasons, the department can assignwork under the agreement for works located anywhere in the area under thejurisdiction of KARWAR SSA. to cover the short fall . Nothing extra will be paidover and above the agreed rates on this account.

7. This is a rate / running contract . As such , the contractor shall quote the rate foreach item as per the actual / practical availability of material and labour. If thedepartment is not satisfied with the rate quoted , the department can delete anyitem / items while accepting / awarding the work at its discretion withoutassigning any reason.

8. In case work is to be carried in restricted areas ( T.E Buildings & Admin. Offices) necessary passes shall be obtained by the contractor for his concernedlabourers , supervisors etc. from the concerned authority.

9. The successful tenderer to whom the work is awarded will be at a liberty to getback the EMD amount by producing Bank Guarantee or Fixed Deposit Receiptin favour of ACCOUNTS OFFICER (CASH), BSNL TELECOM HUBLI.

10.The tenderers shall take into consideration the Drawings and Specifications andquote the rates accordingly. The quoted rates shall be inclusive of all chargessuch as Insurance, transportation , taxes fixed by the Central/State Governmentetc. Nothing extra shall be payable over the quoted rates on this account..

11.The contractor shall associate himself with the work till the acceptance testing ofthe tower is carried out by BSNL and handing over of the tower to the telecomauthority. This period shall not exceed six months from the declared date ofcompletion by the engineer in charge. If the completed work is not foundsatisfactory as per the prescribed specifications, corrective measures orderedby the Engineer-in-charge shall be carried out immediately by the contractor

Page 52: Name of work: Construction of 40 M (4-Legged) Narrow Based

52

without any additional expenditure liability to the BSNL. Extra works required ( ifany) shall be executed at the direction of the engineer in charge, at the costfixed by him. The final bill will be prepared only after completion of thesuccessful acceptance and testing of the work executed by the contractor in thescope of job order and taken over certificates issued by the mobile wing or sixmonth period whichever is earlier..

12.All materials which are used in the work shall be procured well in advance sothat enough time is available for testing and approval of these materials by theEngineer-in-charge.

13. All the IS codes mentioned shall mean latest version of the relevant IS codewith up to date amendments if any.

14.The rate of item for reinforcement in R.C.C. work includes all operationsincluding straightening cutting, bending , binding with annealed steel wire (including it cost) and placing in position at all the floors with all leads and liftscomplete.

15 .All Plain Cement Concrete work and Reinforced Cement work in nominal mixconcrete shall conform to IS : 456-2000 and the Revised CPWD Specifications2009 ( With up-to-date correction slips).

16 TESTS:-16.1The Engineer in-Charge of work shall check the test results and satisfy himselfbefore allowing any payment in the running / final bills.

16.2 The contractor shall provide at his own cost suitable weighing and measuringarrangements at site for checking the weight / dimensions as may be necessary forensuring quality and execution of the work.

16.3.Only 43 grade OPC or Higher grade OPC can be used. But nothing extra willbe paid on this account.

16.4 All materials brought to the site by the contractor for use in the work shallbe got checked by the Engineer-in-Charge or his authorized representative onreceipt of the same at the site and before they are actually used in the work.

16.5 Secured advance shall not be paid for cement under any circumstances.

16.6 The rate for all items of work, wherein cement is used, is inclusive ofcharges for curing.

17 The work shall be carried out in the manner complying in all respect with therequirements of relevant by-laws of the local body under the jurisdiction of which thework is to be executed or as directed by Engineer-in-Charge and nothing extra shallbe paid on this account.

Page 53: Name of work: Construction of 40 M (4-Legged) Narrow Based

53

18 Any damage done by the contractor to any existing work or structure orappliances during the course of execution of the work awarded to him shall be madegood by him at his own cost.

19 The contractor shall maintain good surrounding condition during execution tillcompletion of entire work allotted to him.

20 The contractor shall cause the site to be cleared thoroughly of rubbish,scaffolding materials etc. before the actual date of completion of the work as well asfrom time to time as per directions of the Engineer-in-Charge of the work.

21 The structural and architectural drawings shall at all times be properly correlatedbefore executing any work. However, in case of any discrepancy in the item given inschedule of quantities appended with the tender and architectural drawings relatingto relevant item, the former shall prevail unless and otherwise given in writing by theEngineer-in-Charge.

22 The contractor shall make his own arrangement for obtaining electricalconnection, if required and make necessary payments directly to the departmentconcerned.

23 Any cement slurry added over the base surface (or) for continuation ofconcreting for better bond is deemed to have in-built in the items ( unless otherwiseexplicitly stated) and nothing extra shall be payable ( or) extra cement considered inconsumption on this account.

24 The contractor shall be responsible to arrange at his own cost all necessarytools and plants required for execution of the work for Acceptance Testing ofTower work.

25 For the purpose of recording measurement for preparing running account bills,the abbreviated nomenclature indicated in the standard schedule of rates relevantto the contract may be adopted. The abbreviated nomenclature shall be taken tocover all the materials and preparations as per the complete nomenclature of therelevant items in the agreement and specifications.

26 In case of items for which abbreviated nomenclature is not available in thestandard relevant schedule of rates and also in the case of extra and substituteditems of work for which abbreviated nomenclature is not provided in the agreement,the full nomenclature of items shall be reproduced in the measurement books andbill forms for running account bills.

27 Articles manufactured by reputed firms and approved by the Engineer-in-Chargeshall only be used. Only articles classified, as “ first quality” by the manufacturersshall be used unless otherwise specified. Articles, which bear ISI certification, shallonly be used. In case articles bearing ISI certification marks are not available, thequality of sample brought by the contractor shall be judged by the standards laiddown in the relevant CPWD specifications.

Page 54: Name of work: Construction of 40 M (4-Legged) Narrow Based

54

28 The contractor shall take prior instructions from the Engineer-in-Chargeregarding collection and stacking of materials at any place in the work compound.No excavated earth or building materials shall be stacked on the areas where otherbuildings, roads, services or compound walls are to be constructed. These shall notbe stored near any existing structures so as to endanger their safety.

29 If as per municipal rules, the huts for labours are not to be erected at the site ofwork, the contractor is required to provide such accommodation as is acceptable tolocal bodies and nothing extra shall be paid on this account.

30 The transportation of tower materials from the SSA head quarters/ Telecomstores shall be done at the risk of the successful tenderer. The safety of all thetower materials during transportation till the successful erection & commissioning,shall be the responsibility of the successful tenderer. Watch and ward for safety ofall tower materials issued shall be made by the agency at his cost and risk.31 The tenderer need to keep in contact with engineer in charge on weekly basis inorder to collect the work orders personally to avoid transmission delay, in view ofthe urgency of the work32 The payments may be made through the General Manager Telecom ofconcerned SSA. Sometimes there may be delay due to allotment of funds fromBSNL (HQ). The agency has to bear with this and on no account the works bestopped and no claim whatsoever arising on account of this will be entertained.33 The tenderer can’t claim any loss of profit due to reduction in quantity of work.Engineer in charge is not required to serve any notice under Clause 13 of thetender for reduction in quantity.34 Security deposit at the rate of 10% of the gross value of the work shall berecovered and will be refunded only after the completion of defect liability period ofthe work.35 In case the Tower materials are supplied by the BSNL, the inventory of thesupplied materials shall be taken by the tenderer (as per the deliveryvoucher/erection drawing supplied by the Tower manufacturer) as soon as heenters the site. The copy of inventory shall be given to the Engineer-in-charge,bringing to his notice the shortage of materials (if any). No claim of further shortageof materials will be entertained during the course of erection. Surplus materialsfound (if any) shall be intimated to the Engineer-in-charge.

Page 55: Name of work: Construction of 40 M (4-Legged) Narrow Based

55

ADDITIONAL SPECIFICATIONS FOR TOWER

1.0GENERAL

1.1Steel tower works shall be carried out as per the specifications and as perthe drawings issued by Engineer in charge..

2. ERECTION(i) It shall be ensured that structural components with correct markings as

indicated in drawings are used in correct position.

(ii) At the base connections the foundation bolts shall be located correctlyusing templates and grouted ensuring that all templates are in one horizontalplane. After erection of the first panel, its verticality shall be checked andcorrected if necessary.

(iii) Further erection work shall proceed panel by panel, bolts and nuts shallbe finally tightened up to the torque specified using torque wrenches. Verticalityof the tower shall be checked after complete erection of each panel. Each panelshall be completed in all respects and shall have the approval of the Engineer-in-charge before proceeding to the next panel.

(iv) If a panel is to be left incomplete, it shall be ensured if necessary byerection of temporary bracings that all the members erected form a stableconfiguration, sufficient to withstand dead and wind loads.

(v) The joint shall be made by drawing the light members into position withbarrel drifts. Drifts may be used on the heavier members only to secure them incorrect position. No member shall be force fitted. Any error in steel work, whichprevents the assembly and fitting up to the parts by the proper use of drifts, shallbe investigated immediately. If any defect or deficiency in the member comes tonotice, the same shall be rectified as per directions of the Engineer-in-Charge.

(vi)Packing plates shall be provided at the joints as shown on approveddrawings in order to make up the change in the thickness of the parts jointed.No other packing plates shall be used.

(vii) Hot dip galvanized bolts and nuts and washers of class 5.6 shall beprovided in all connections involving leg members main diagonals as well ashorizontal through intersection of the main diagonals in k brace, panels and plainbracings

(viii) Hot dip galvanized contact surfaces of joints providing with hot dipgalvanized bolts nuts and washers shall be free of oil, paint and lacquer or othercoatings and shall be scored by wire brushing or light blasting after galvanizationand prior to assembly.

Page 56: Name of work: Construction of 40 M (4-Legged) Narrow Based

56

(ix) Bolts used for connections shall not be not less than 12mm dia. and thelength shall be such that not more than half of the pitch of the thread lies insidethe grip length. The threaded portion of the bolt shall protrude by not less than3mm beyond the lock nut after it has been fully tightened.

(x) Bolts and nuts shall be tightened by using the part turn method. The nutshall be brought to the snug, tight position after which it will be given a furtherhalf to one turn depending upon the length of the bolt. In joints with severalfasteners all the nuts bolts shall be brought to the snug tight position, beforetightening further systematically. The nut rotation from snug tight condition isgiven in the table below:

3. NUT ROTATION FROM SNUG TIGHT CONDITION

Bolt length(as measured fromunderside of head toextreme end of point)

Bolts facesNormal tobolt axis.

One face normalTo bolt axis & otherface sloped not morethan 1:20 (bevelwasher not used)

Bolt faces slope notmore than 1:20 fromnormal to bolt axis(bevel washers notused).

Up to including 4 dia. 1/3turn 1/2 turn 2/3 turnOver 4 dia. But notexceeding 8 dia.

1/2 turn 2/3 turn 5/6 turn

Over 8 dia. But notexceeding 12 dia.

2/3 turn 5/6 turn 1 turn.

(xi)Alternatively nuts may be tightened using a calibrated wrench so that theproof load of the bolt specified in IS 1367 is achieved “snug tight is defined asthe tightness attained by a few impacts of an impact wrench or the full effort of aman using an ordinary spud wrench. Following this initial operation, bolts shallbe placed in remaining holes in the connection and brought to snug tightposition”.

4. VERTICALITY TOLERANCESThe verticality for towers of different heights shall be within the provisions of

Table 1 (III) (b) of IS 12843:1989 viz., + H/1000 or +/- 20mm (whichever is less)and H/1500 or +/- 25mm (whichever is less) for towers up to and including30mtrs height and over 30mtrs height respectively. (H refers to the height oftower).

5. WORKING PLATFORM AND LADDERThree working platform with railings is provided at a height from where

erection and maintenance of Antenna, Aviation lamps, Lightening arrester etc.can be done easily. A ladder from rooftop up to top of platform at tower isprovided with safety rings.

6. WAVE GUIDE

Page 57: Name of work: Construction of 40 M (4-Legged) Narrow Based

57

Wave guide is provided in towers to carry the feeder cables from Antennafixed at top of tower up to Transmission room. It is a tray of galvanized M.S.angles and Flats of 600mm width. This should not bend sharp at right angles atturning points to avoid damage to running feeder cables.

7 CLEANINGDust, grease and rust on galvanized tower members namely angles, tees,

plates railing, ladders, racks etc. shall be removed by wire brushing and cleanedwith a piece of cloth.

8 APPLICATION OF ETCH PRIMER

After cleaning the tower members a first coat of an etch primer has to beapplied to the tower structure members. The etch primer consists of polyvinylbutyral phosphoric acid catalyst and zinc chromate base and are suppliedseparately. They should be mixed before use in the specified ratio offour parts base to one part catalyst or as specified by the manufacturer. Theprimer is to be applied uniformly to get a very thin and almost invisible coat andevery part of the tower structure should be treated with this primer. Subsequentpainting of the zinc chromate primer should be commenced within two hoursof application of the primer. The etch primer once mixed should be used upimmediately.

9.0 APPLICATION OF PAINT

After 48 hours of application of primer, the first coat of the paint should beapplied carefully, well brushed into the surface, corners, crevices etc. should beuniform and even. The second coat of paint should be applied 48 hours afterthe application of the first coat. Care should be taken to see that the painting isnot carried out at the hottest time of the day and air pockets should be avoided.

9.1 SPECIAL REMARKS

(i) The painting shall be done carefully so that all corners and crevices of themast receive the paint and no base surface is left exposed anywhere. Specialcare is to be taken in applying paint at the place where galvanized coating hasgot removed.(ii) No driers such as Litharge or Turpentine are to be used. The practice ofmixing kerosene oil with paint is strictly forbidden.

9.2. PAINTS

Paints shall be synthetic enamel of the best quality and anticorrosive andwithstand exposures to outside conditions. They should be of standard qualityequivalent to synthetic enamel paint of Shalimar or Berger paints or Asian paintsor equivalent..

Page 58: Name of work: Construction of 40 M (4-Legged) Narrow Based

58

9.3. ORANGE AND WHITE BANDS (DAY MARKINGS)

To conform to Civil Aviation regulations the towers shall be painted inalternate bands of international orange and international white, terminating withorange at to and the bottom, Height of each band should be not exceed 6metres and should not be less than 0.5 metres. The correct shade for theinternational orange corresponds to ISI shade 592 as given in the IndianStandard Institution Publication- colors for ready mixed paint.

10. RECTIFICATION / REPAIRS TO DAMAGED PARTS

(i) Damaged components of the steel work should be rectified as perdirections of the Engineer-in-charge minor damages to the galvanizing shallbe made good by cleaning the damaged portion free of all rust and applying azinc rich paste to the same thickness as the original coat of galvanizing.(ii) Members of components, which are dented, bent or twisted in transit orby handling during erection shall not be used on work but shall be replaced asdirected by the Engineer-in-Charge.

14. MOUNTING OF FIXTURES, LIGHTNING CONDUCTOR, ANDAVIATION

LIGHTS ETC.Approval of the Engineer-in-Charge shall be obtained before mounting fixtures

and other accessories such as lightning conductors, aviation lights etc. any deviationor alteration in approved plan shall have the approval of the Engineer-in-charge.

EARTHING

(i) RING EARTHThe trench of width 300 mm all around at one meter away from the lower baseshall be excavated to a depth of 1.0 meter to 1.5 meter. ( in rock minimum depthshall be 600mm) 50 x 3 mm GI flat (with Zinc coating 610 gm/sqm) placed at thebottom of the trench. The GI flats are inter connected by GI strips and bolted. Allthe tower legs are connected with ring earth with 50x3 mm GI flat with two bolts.Provision for connecting ring earth to one of the plate earthing shall be made byproviding 50 X 3 mm GI strip one end of which is connected to the ring earth bymeans of GI bolts and nuts and other end connected to plate earth. A 50 X 3 mmGI strip one end of which is connected to the ring earth by means of GI bolts andnuts and other end left free 15cm above ground level with necessary bolt holesfor facilitating testing of earthing/ additional earthing connections in future. [Thelength of GI strip will be measured for payment for this item]

(ii) PLATE EARTH

Providing GI Plate Earthing including excavation of pit of size 2.00m x 2.00m x 3.00mdepth in all kinds of soil including rocky strata and placing four numbers of GI plates ofsize 600 x 600 x 6.0 mm thick vertically in all the four corners of the excavated pit andinter connecting the plates with GI strips of size 50 x 3 mm with two nos of GI bolts and

Page 59: Name of work: Construction of 40 M (4-Legged) Narrow Based

59

nuts of 10mm dia at each connection. To prevent ingress of moisture and soil, the jointsare made water tight by covering with bitumen. The GI strip (with bolt hole at topposition)will run vertically and be bent with a radius of 1m up to 30 cm above groundlevel to interconnect with ring earth, spick earth DG equipment etc. After the electrodesare placed in position and all the inter connections made. The pit should be filled up withfinally sieved good quality soil which should be rammed in layers so that it is compactand cohesive. The surplus excavated earth shall be disposed off as directed within alead of 5oMtr. A GI pipe of 50mm dia 3000mm long with holes at zigzag position at100 mm interval with GI funnel at top shall be provided for watering the earth. 1no of 50x 3 mm interval GI strips shall be connected with each of a GI plate electrode with GIbolts and nuts and a lead strip of 1mm thickness in between the joints. A precast RCCHume pipe of 300 mm dia of length 500mm shall be provided vertically as a chamberwith suitable bottom and top precast RCC/Stone slab. The bottom slab be with 75 mmdia hole at the center to pass GI pipe in it (The rate is inclusive of supplying requiredquantity of finely sieved good quality soil at site and cost of men and material for all theoperations mentioned above.( The whole earthing work shall be executed as per theengineering instructions which is enclosed with this tender and it is the responsibility ofcontractor for attaining the desired results/values as mentioned thereupon).

iii) LIGHTENING CONDUCTORThe lightening conductor is fixed at top of tower. The copper-lighteningconductor is 1500 mm long and 25mm dia hollow tube of minimum wallthickness of 1.6mm. The lightning spike shall be fixed to the tower with Teflonsleeve to avoid direct contact with tower. The spike is connected to ring earthby 50x3mm G.I. Strip. The G.I. Strip shall be fixed to the tower with lugs andinsulators

.iv) AVIATION OBSTRUCTION LAMP

LED based double aviation obstruction lamp of Saraj, Binoy, Aviads, Litten orequivalent with the top existing GSM/WLL tower with the following specification: Thelamp shall be (low intensity type-B as per ICAO regulations) with the cast aluminiumbase and clear glass dome with cylindrical shape assembly operating on 12V DChaving input voltage of 230+/- 10%. 50 HZ AC supply including power pack system,along with automatic day-night LDR sensor, rust/weather proof gland with suitableclamp for the fixing of the lamp unit as required, 1 No dust and vermin proof MCB boxmade of 1.6mm thick MS sheet, 1 No A/C 10A DP MCB 1 of 16 HRC fuse unit, isolationtransformer 1:1 ratio 20 watts fixed on surface of wall including interconnection andsupplying and fixing 3 x 1.5 sqmm (3 core) PVC insulated copper conductor armouredISI marked cable with necessary clamps, from LED lamp and terminating at places asper site condition and instruction of Engineer-in-charge.

12. MEASUREMENTS AND PAYMENTSThe 40m narrow base 4 legged tower weighs in the range of 8.6 metric tones to10 metric tones. The payment for erection and painting will be considered onthe basis of actual weight of tower material .

SPECIAL CONDITIONS

1. The steel structural members shall be stored by the contractor at site of workin such a way as to prevent distortion and corrosion and nothing extra shall be

Page 60: Name of work: Construction of 40 M (4-Legged) Narrow Based

60

paid on this account. Members of different sections and sizes shall be storedseparately to facilitate easy checking.

2. The contractor shall ensure that all required members for the assembly/erection of towers are available at site before commencing the work of towererection.

3. The contractor shall demonstrate by means of transit Theodolite the accuracy/verticality of the erected tower as per Engineering Instructions

4. All safety measures shall be taken by the contractor for erection of towers. Forthis purpose, the provision of IS 7205:1974 shall be applicable.

5. Within ten days of the completion of the work for an individual site , theContractor shall give notice of such completion to the Engineer-in-Charge andwithin ten days of the receipt of such notice the Engineer-in-Charge shallinspect the work and if satisfied, the Engineer-in-Charge , shall furnish theContractor with a provisional certificate of completion (individual site wise),indicating defects, if any, to be rectified by the Contractor and/or for whichpayment will be made at reduced rates. On issue of provisional certificate ofcompletion for all the sites by the Engineer-in-charge and on satisfactorycompletion of all works , the Engineer-in-Charge shall furnish the Contractorwith a final certificate of completion.

6. The rate for every item of work to be done under this contract shall be for allheights, depths, lengths and widths of the structure (except where speciallymentioned in the item) and nothing extra will be paid on this account.

7. The contractor shall take all precautions to avoid all accidents by exhibitingnecessary caution boards such as day and night boards, speed limit boardsand flags, red lights and providing barriers etc. He shall be responsible for alldamages and accidents caused due to negligence on his part. No hindranceshall be caused to traffic during the execution of work. Nothing extra shall bepaid on this account.

.8. Income Tax and surcharges over Income Tax etc. at the rates fixed by the

Ministry of finance, Government of India, shall be deducted from all therunning and final bills of the contractor. Should there be any increase in rateof Income Tax and surcharge during execution of the contract, the same shallbe payable by the contractor.

9 INSTRUMENTS REQUIRED AT SITE :i. Theodolite with standii. Levelling staffiii. Steel tape : 30M and 15 M

iv. Engineers spirit levelv. Safety helmetsvi. Safety belt with rope

Page 61: Name of work: Construction of 40 M (4-Legged) Narrow Based

61

vii. Binocularsviii. Torque wrenchix. Elcometerx. Digital Megger

10. Erection of the tower and painting shall be done through specialized agenciesonly and all safety precautions shall be taken in accordance with safety codefor erection of structural steel work (IS:7205)

11.. Agency executing the erection of towers should take all precautions to see thatno damage occurs to the adjoining structures while executing the work. Also allthe workers on the execution site should be adequately insured along with thirdparty insurance for any unforeseen injury to passerby or occupants of adjoiningbuilding. Agency shall be solely responsible for any mishap on these accounts.

12 PROTECTION OF LIFE, PROPERTY AND EXISTING FACILITIES:

12.1 The contractor is fully responsible for taking all possible safety precaution duringpreparation for and actual performance of the works, and for keeping theconstruction site in reasonable safe condition. The contactor shall protect all lifeand property from damage of losses resulting from his construction operationsand shall minimize the disturbance and inconvenience to the public

12.2 In this connections, the attention of the contractors are drawn to the safetymeasures and precautions including code of conduct while safety carrying outthe work and also detailed Engineering Instructions enumerated in this tenderdocument.

12.3 The contractor shall be solely liable for all expenses for and in respect of repairsand / or damage occasioned by injury of or damage to such underground andover ground structures or other properties and undertake to indemnity and keepindemnified the BSNL from and against all actions, cause of actions, damages,claims and demands what-so-ever either in law or in quality and all losses anddamages and costs (inclusive between attorney and clients), charges andexpenses in condition therewith and / or incidental thereto.

12.4 The current market value of any commodities lost as a result of any damage tothe aforesaid existing facilities shall be paid by the contractor together with suchadditional sums necessary to liquidate the personal or property damagesresulting there from.

Contractor Executive Engineer

Page 62: Name of work: Construction of 40 M (4-Legged) Narrow Based

62

P R O F O R M A F O R A G R E E M E N T(ON NON-JUDICIAL STAMP PAPER OF APPROPRIATE VALUE)

CONTRACT AGREEMENT FOR THE WORK OF ________________________ DATED_________ Between M/s. __________________ (refer note) in the town of _________________herein after called the contractor (which term shall unless excluded by or repugnant to be subject orcontext include its successors and permitted assigns) of the one part and BHARAT SANCHAR NIGAMLIMITED hereinafter called the BSNL (which term shall unless excluded by or repugnent to the subjector context include its successes and assigns) of the other part.

WHEREASA) BSNL is desirous that the construction of ________________ at __________ should be

executed as mentioned, enumerated or referred to in the tender including Press Notice InvitingTender, General Conditions of the Contract, Special conditions of the contract, Specifications,Drawings, Plans, Time Schedule of completion of jobs, Schedule of Quantities and Rates,Agreed Variations, other documents, has called for Tender.

B) The contractor has inspected the site and surroundings of the work specified in the tenderdocuments and has satisfied himself by carefully examination before submitting his tender as tothe nature of the of surface, strata, soil, subsoil and grounds, the form and nature of the site andlocal conditions, the quantities, nature and magnitude of the work, the availability of labour andmaterials necessary for the execution of work, the means of access to site, the supply of powerand water thereto and the accommodation he may require and has made local andindependent enquiries and obtained complete information as to the matters and things referredto or implied in the tender documents or having any connection therewith and has consideredthe nature and extent of all the probable and possible situations, delays, hindrances orinterferences to or with the execution and completion of work to be carried out under thecontract, and has examined and considered all other matters, conditions and things andprobable and possible contingencies, and generally all matters incidental thereto and ancillarythereof affecting the execution and completion of the work and which might have influenced himin making his tender.

C) The tender documents including BSNL’s Press Notice Inviting Tender, General conditions ofContract, Special Conditions of Contract, Schedule of Quantities and Rates, General obligations,Specifications, Drawing, Plan, Time Schedule for completion of work, Letter of Acceptance oftender and any statement of agreed variations with its enclosures copies of which are here toannexed form part of this contract though separately set out herein and are included in theexpression Contract wherever herein used.

AND WHEREASThe BSNL accepted the tender of M/s._____________________(refer note at page_______)(Contractor) for the construction ____________at _________and conveyed vide letterNo._____________ dated_________at the rates stated in the Schedule of quantities for the work andaccepted by BSNL (hereinafter called the Schedule of Rates) upon the terms and subject to theconditions of the contract.

NOW THIS AGGREMENT WITNESSTH & IT IS HEREBY AGREED AND DECLARED AS FOLLOWS:-1. In consideration of the payment to be made to the contract for the work to be executed by him,

the contractor hereby convenient with BSNL that the contractor shall and will duly provide,execute, complete and maintain the said work and shall do and perform all other acts and thingsin the contract mentioned or described or which are to be implied and there-from or may bereasonably necessary for the completion of the said works and at the said times and in themanner and subject to the terms and conditions or stipulations mentioned in the contract, AND

2. In consideration of the due provisions execution, completion and maintenance of the said work,BSNL does hereby agree with the contractor that BSNL will pay to contractor the respectiveamounts for the work actually done by him and approved by BSNL at the Schedule of Rates and

Page 63: Name of work: Construction of 40 M (4-Legged) Narrow Based

63

such other sum payable to the contractor under provision of the contract, such payment to bemade at such time in such manner as prescribed for in the contract.

It is specifically and distinctly understood and agreed between BSNL and the contractor that thecontractor shall have no right, title or interest in the site made available by BSNL for execution of theworks or in the building, Structures or works executed on the said site by the contractor or in the goods,articles, materials, etc., brought on the said site (unless the same specifically belongs to the contractor)and the contractor shall not have or deemed to have any lien whatsoever charge for unpaid bills will notbe entitled to assume or retain possession or control of the site or structures and BSNL shall have anabsolute and unfettered right to take full possession of site and to remove the contractor, their servants,agents and materials belonging to the contractor and lying on the site.

In Witness whereof the parties hereto have here-into set their respective hands and seals in the day andthe year first above written.

Signed and delivered for and on behalf Signature and delivered for & onof BSNL behalf of the contractor

(BHARAT SANCHAR NIGAM LIMITED) (Contractor)OFFICIAL ADDRESS

Date DatePlace Place

IN PRESENCE OF TWO WITNESS

SIGNATURE SIGNATURENAME NAMESIGNATURE SIGNATURENAME NAME

Page 64: Name of work: Construction of 40 M (4-Legged) Narrow Based

64

A F F I D A V I T

I / We have submitted a bank guarantee for the work ………………………..…………………………………………………………………..…………………………………………………………………………………….. (name of work).

Agreement No. …………………………….dated the ………………….. From……………………………………………………………………………………………………………………………………….. (Name of Bank with full address).

TO THE EXECUTIVE ENGINEER ……………………………………………………………………………………………………………………………………………………………………………… with a view to seek exemption from payment of securitydeposit in cash. The Bank guarantee expires on …………………………….. I / Weundertake to keep the validity of the bank guarantee intact by getting it extended fromtime to time at my / or own initiative upto a period of ……………………… months afterthe recorded completion of the work or as directed by the Engineer-in-charge.

I /We also indemnify the BSNL against any losses arising out of non-encashment of the bank guarantee, if any.

Note: This affidavit is to be given by the executants before a First Class Magistrate.

Signatures of ContractorName …….………………………………

Postal Address .…………………………

Telephone & Mobile No………………..

Page 65: Name of work: Construction of 40 M (4-Legged) Narrow Based

65

SCHEDULE OF QUANTITIESName of work: Construction of 40 M (4-Legged) Narrow Based GSM Towersincluding foundation, Erection and Earthing in KUMBARWADA, KARWAR SSAunder UTTAR KANNADA DISTRICT Ph- 7.1 Project

SCHEDULE OF QUANTITIES

Sl.No.

DescriptionQuanti

tyRate in figures and words Unit Amount

1 Earth work in excavation by mechanicalmeans (hydraulic excavator) / manualmeans over areas (exceeding 30 cmsin depth 1.50m in width as well as 10sqm on plan) including disposal ofexcavated earth, lead up to 50m and liftup to 1.5m, disposed earth to be leveledand neatly dressed.

a In all kinds of soil 35.00 OneCubicMetre

b Ordinary rock 40.00 OneCubicMetre

2 Extra for every additional lift of 1.5 m orpart thereof in.

a All kinds of soil 5.00 OneCubicMetre

b Ordinary or hard rock 33.00 OneCubicMetre

3 Filling available excavated earth(excluding rock) in trenches, plinth,sides of foundations etc. in layers notexceeding 20cm in depth, consolidatingeach deposited layer by ramming andwatering, lead up to 50 m and lift up to1.5 m.

75.00 OneCubicMetre

4 Providing & laying in position cementconcrete of specified grade excludingthe cost of centering & shuttering: Allwork up to plinth level.1:5:10 (1 cement: 5 coarse sand: 10graded stone aggregate 40 mm nominalsize)

3.05 OneCubicMetre

5 Providing and laying in positionspecified grade of Reinforced CementConcrete excluding the cost ofcentering, shuttering, finishing andreinforcement - All work up to plinthlevel with 1:1.5:3 (1 cement : 1.5coarse sand : 3 graded stone aggregate20 mm nominal size)

18.00 OneCubicMeter

Page 66: Name of work: Construction of 40 M (4-Legged) Narrow Based

66

Sl.No.

DescriptionQuanti

tyRate in figures and words Unit Amount

6 Centering and shuttering includingstrutting, propping etc. and removal ofform for :

a Foundations, footings, bases ofcolumns, etc. for mass concrete.

8.00 OneSquareMetre

b Lintels, beams, plinth beams, girders,bressumers and cantilevers.

8.00 OneSquareMetre

c Columns, pillars, piers, abutments,posts and struts.

40.00 OneSquareMetre

d Walls (any thickness) including attachedpilasters, buttresses, plinth and stringcourses etc.

6.00 OneSquareMetre

7 Reinforcement for R.C.C. workincluding straightening, cutting,bending, placing in position and bindingall complete Thermo-MechanicallyTreated bars

1600.00 OneKilogra

m

8 6mm thick cement mortar 1:3 (1Cement : 3fine sand

15.00 OneSquareMetre

9 Finishing walls with water proofingcement paint of required shade Newwork (Two or more coats applied @3.84 kg/10 sqm).

15.00 OneSquareMetre

10 Transportation of four legged angularlight weight communication towermaterial, by Mechanical Transport,including anchor bolts, templates,ladder, working platform, cable traysand antenna fixtures and similarmaterials etc., from the departmentalstores/site to the site of work, includingthe cost of necessary sorting ofmaterials as per Bill of Materials/Drawing, loading and unloading andother incidentals all complete asdirected by the Engineer in Charge.[The rate includes weighment of vehiclebefore loading & after loading of towermaterials at the weigh bridge nearest tothe stores and submission of weigh billto Engineer in Charge. The distancefrom stores to site of work will only beconsidered for payment]

a Up to 5 kms. 10.00 OneMetricTonne

Page 67: Name of work: Construction of 40 M (4-Legged) Narrow Based

67

Sl.No.

DescriptionQuanti

tyRate in figures and words Unit Amount

b Beyond 5 kms up to 10 kms. 50.00 Per KmPer MT

c Beyond 10 kms up to 20 kms. 100.00 Per KmPer MT

d Beyond 20 kms. 250.00 Per KmPer MT

11 Erection of four legged light weightcommunication tower of 40 mts.height, including insurance, sorting andlisting of tower materials as perchart/drawing supplied by themanufacturer/ BSNL and placing ofanchor bolts & templates and fixing inthe columns, beams, etc all complete.(Note 1: Necessary safety measuresshall be adopted while erecting thetower to ensure the safety of men andmaterials and adjacent properties).(Note 2: The safe custody of towermaterials will be the responsibility of theagency from the time of handing overby department till the handing over oftower to concerned authorities.) (Therate includes testing of verticality withTheodolite & it is the responsibility ofcontractor for proper erection of towersuch that deviation in verticality shall bewithin the limit as specified in enclosedEngineering Instructions.)(Weight of tower materials may varyfrom 8.5 to 10 MT)

9.50 Per MT

12 Providing and applying syntheticenamel paint (two or more coats)over approved base coats of ‘ETCH’primer and Zinc Chromate primer for40M four legged light weight galvanizedcommunication Tower as perspecifications enclosed.

9.50 Per MT

Page 68: Name of work: Construction of 40 M (4-Legged) Narrow Based

68

Sl.No.

DescriptionQuanti

tyRate in figures and words Unit Amount

13 Supply of Galvanized Structural Steelin single sections like angles, channels,templates, gusset plates etc., ofrequired sizes and length includingnecessary cutting to required size andshape, drilling holes of required dia. atsite to fix in position with other towermembers with GI bolts and nuts allcomplete as per the direction of theEngineer-in-charge or/and approveddrawing.

5.00 OneKilogramme

14 Supplying and fixing Sign Board withMS sheet of size 1200x750mm x16SWG, fixing to the GSM tower atdesired position and level withnecessary screws, bolts nuts andwashers. The framework and bracingshall be of 30x30x5mm MS angles. Thewhole unit shall be painted with yellowzinc chromate primer. Then paintingwith synthetic enamel paint of approvedshade and brand (two or more coats).Lettering & Logo shall be, as per theenclosure, painted with syntheticenamel paint (two or more coats) allcomplete as directed.

2.00 Each

15 Providing and fixing wave guide gantryfor carrying GSM cable fromcommunication tower consisting of 40 x40 x 6mm MS angles, built up tray of300mm wide interconnected at regularintervals of 300mm with MS flat25x6mm width supported on M.Svertical pipe of 100mm dia built upmembers as per the required patternand design including necessary cutting,welding and placing in position withnecessary G.I. bolts, nuts, washers andplates including painting with syntheticenamel paint of approved brand andshade(Two or more coats) over andincluding a priming coat of ZincChromate, all complete as directed bythe Engineer-in-charge. (The necessaryfoundation for erection of vertical postshall be paid separately).

190.00 OneKilogramme

Page 69: Name of work: Construction of 40 M (4-Legged) Narrow Based

69

Sl.No.

DescriptionQuanti

tyRate in figures and words Unit Amount

16 Providing GI plate Earthing includingexcavation of pit of size 2.00m x 2.00mx 3.00m depth in all kinds of soilincluding rocky strata and placing fournumbers of GI plates of size 600 x 600x 6.5 mm thick vertically in all the fourcorners of the excavated pit and interconnecting the plates with GI strips ofsize 50 x 3 mm with two nos of GI boltsand nuts of 10mm dia at eachconnection. To prevent ingress ofmoisture and soil, the joints are madewater tight by covering with bitumen.

1.00 Each

The GI strip (With bolt hole at top position)will run vertically up to 30cm above groundlevel to interconnect with Ring Earth, SpikeEarth, DG, equipments, etc. After theelectrodes are placed in position and all theinterconnections made, the pit should befilled up with finely sieved good quality soilwhich should be rammed in layers so that itis compact and cohesive. The surplusexcavated earth shall be disposed off asdirected within a lead of 50metre. A GI pipeof 50mm dia 3000mm long with holes atzigzag position at 100 mm interval with GIfunnel at top shall be provided for wateringthe earth. 1no. of 50 x 3 mm GI strips shallbe connected with each of a GI plateelectrode with GI bolts and nuts and a leadstrip of 1mm thickness in between the joints.A precast RCC hume pipe of 300 mm dia. oflength 500 mm shall be provided verticallyas chamber with suitable bottom & topprecast RCC/ stone slab. The bottom slabshall be with 75mm dia. hole at the centre topass GI pipe in it. (The rate is inclusive ofsupplying required quantity of finely sievedgood quality soil at site & cost of men &materials for all the operations mentionedabove). [The whole earthing work shall beexecuted as per Engineering Instructionswhich is enclosed with this tender and it isthe responsibility of contractor for attainingthe desired Results/ Values as mentionedthere Upon.]

Page 70: Name of work: Construction of 40 M (4-Legged) Narrow Based

70

Sl.No.

DescriptionQuanti

tyRate in figures and words Unit Amount

17 Providing and laying Ring Earthincluding excavation of trench of size300 width x1000 to 1500 mm depth ( inrock minimum depth shall be 600mm)and laying 50 x 3 mm GI flat (with zinc610gm/sqm) at the bottom as perdrawing and then refilling with finelysieved good quality soil. The ring earthshall be connected to all the tower legswith GI strips 50 X 3 mm and with GIbolts and nuts at ends. Provision forconnecting ring earth to the one of theGI strip left at plate earthing shall bemade by providing 50 X 3 mm GI stripone end of which is connected to thering earth by means of GI bolts and nutsand other end connected to GI strip ofplate earth. A 50 X 3 mm GI strip oneend of which is connected to the ringearth by means of GI bolts and nuts andother end left free 15cm above groundlevel with necessary bolt holes forfacilitating testing of earthing/ additionalearthing connections in future. [Thelength of GI strip will be measured forpayment for this item]

30.00 OneMetre

18 Providing and fixing G.I. Strips of 50 x3mm size of approved quality one endconnected to the bottom of lighteningarrester and the other end connected tothe Ring earth/ Plate earth with 2nos.10mm dia. G.I. bolts and nuts at everyconnection. The G.I. strip shall beclamped to the tower at uniformintervals at 1.50 m using necessaryPorcelain insulator clamps with boltsand nuts to avoid direct contact with thetower, as directed by the Engineer-in-charge.

60.00 OneMetre

19 Providing and fixing copper lighteningarrester of 1500 mm length, 25mm dia.Hollow tube and of wall thickness not lessthan 1.60mm including tinning the bottomportion of the spike for a length of not lessthan 150mm and connecting to the G.I. stripof size 50 X 3 mm by means of clamps and2 nos. 10 mm dia brass bolts and nuts allcomplete as directed by the Engineer-in-charge. The lightening spike shall be fixed atthe top of the tower with Teflon sheet toavoid direct contact with the tower (AviationLamp shall carry one year warranty andwarranty card should be submitted).

1.00 Each

Page 71: Name of work: Construction of 40 M (4-Legged) Narrow Based

71

Sl.No.

DescriptionQuanti

tyRate in figures and words Unit Amount

20 Supplying and fixing LED based doubleaviation obstruction lamp(Which carryone Year Garantee and necessarycompany garantee card should besubmitted) of Saraj, Binoy, Aviads,Litten or equivalent on the top ofexisting GSM/WLL tower with thefollowing specification: The Lamp shallbe (low intensity type-B as per ICAOregulations) with cast aluminum baseand clear glass dome with cylindricalshape assembly operating on 12V DChaving input voltage of 230+/- 10%, 50HZ AC supply including power packsystem, along with automatic day-nightLDR sensor, rust/weather proof glandwith suitable clamp for fixing of thelamp unit as required, 1 No dust andVermin proof MCB box made of 1.6 mmthick MS sheet, 1 No A/C 10 A DPMCB, 1 no 16 HRC fuse unit , Isolationtransformer 1:1 ratio 20 watts fixed onsurface of wall / BTS structureincluding interconnection, supplying andfixing 3 x1.5 sq mm ( 3 Core ) PVCinsulated copper conductor armored ISImarked Cable with necessary clamps,from LED lamp at top of tower andterminating at place (Either at BTSstructure or Room or as per sitecondition and instruction of Engg– in-charge) (The rate includes all theabove operation & testing of lamp andnothing extra shall be paid).

1.00 Each

21 Making opening of size 400 x 400mm inbrick/stone masonry walls and makinggood the walls by finishing withplastering in CM 1:3 (1 cement : 3 finesand) & painting with required paints forthe dismantled portion, and coveringwith plain 6mm AC sheet on both facesof the opening with necessary screwsall complete as directed by Engineer-in-charge. (Note: The rate includes cost ofall materials and other operationsinvolved for making opening at allheights and nothing extra shall be paid).

1.00 Each

IN WORDS (Rupees ………………………………………………………………………………only)

Contractor signature with Executive EngineerSeal BSNL Civil Division HUBLI

Page 72: Name of work: Construction of 40 M (4-Legged) Narrow Based

72

SIGN BOARD FOR TOWER

[SIZE: 1200MM X 750 MM]

Bharat Sanchar Nigam Limited

PLACE:

HEIGHT OF TOWER (IN MTRS):

EARTH CAPACITY IN OHMS:

WEIGHT OF TOWER (IN MT):

LATITUDE AND LONGITUDE:

MAKE:

DATE OF ERECTION:

Page 73: Name of work: Construction of 40 M (4-Legged) Narrow Based

73

ENGINEERING INSTRUCTIONS

Laying of Ring Earth:(i) The ring earth around the tower is shown in FIGURE 1.A trench, 30 cms. wide and normally 150 cms. deep is dug. The depth should not beless than 60 cms. in any case. A G.I. (Galvanized Iron) strip of 50x3 mm. is laid in thetrench. The trench should be minimum one meter away from the building. In the case ofblack cotton soil, the trench should be sufficiently deep to avoid cracking of soil insummer. In case of rocky or hard murram soil, the depth may be 60 to 90 cms. In caseof rocky, hard murram and black cotton soil, the trench should not be filled by theexcavated material and instead foreign good earth, i.e. yellow soil or ash, which are fineand cohesive in nature, should be used. While filling the trench, the earth may berammed in layers, so as to give cohesiveness and compactness to the soil.(ii) The G.I. strips are to be connected with each other as shown in FIGURE 2. Thejoints are to be properly wrapped and sealed by waterproof tape to avoid any ingress ofmoisture at the joint, while laying the GI strips for ring earth, it should not be bentsharply at right angles, but should be laid in smooth curve of not less than one metreradius.

3.2.1 Plate Earth:

The arrangement of construction of plate earthing is shown in FIGURE 3.

4.0 MEASUREMENT OF EARTH RESISTANCE AND IT'S LIMIT:For the purpose of measurement of earth resistance, small interconnecting strip shouldbe provided in the ring earth in a small manhole chamber, so that ring earth can bebroken from loop.In case of ring earth, earth resistance is not a major significant item where allequipment is earthed to a common ring. For testing of earth resistance value ofcommon earth (by commoning of no. of individual earth), the testing of individual earthis to be done by disconnecting it from Equipotential bonding.The earth resistance should be less than or equal to 0.5 ohm for individual earth

Page 74: Name of work: Construction of 40 M (4-Legged) Narrow Based

74

Page 75: Name of work: Construction of 40 M (4-Legged) Narrow Based

75

Page 76: Name of work: Construction of 40 M (4-Legged) Narrow Based

76

Page 77: Name of work: Construction of 40 M (4-Legged) Narrow Based