Tender for providing services for Building Caretaking ...tender.bsnl.co.in/bsnltenders/bsnltender/download.jsp?download=HS… · Tender for providing services for Building Caretaking

BHARAT SANCHAR NIGAM LIMITED(A Govt. of India Enterprise)

Tender for providing services for Building Caretaking / Station Upkeeping of temporary nature in North Zone under the control of

DE TM Kannur and DE TM Kozhikode

Tender No:GMM STR ENK/RPC/NIT/2014-15/18 dated 02.09.2014

Tender Form No :

Issued To :

Address :

Contact Phone Nos.1. Land line :2. Mobile :

Email ID :

Particulars of Payment:

Signature of issuing officer With Designation & Seal :

Total No of Pages: 32

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TABLE OF CONTENTS

Section DescriptionPage No.

I Notice Inviting Tender 3II Guidelines and Instructions to the Tenderer 5-14

1. Introduction 52. Eligibility Criteria 53. Sale of Tender document 64. General conditions 65. Earnest Money Deposit 76. Guidelines for filling up the tender document 77. Financial bid - Prefixed Rate 8-98. Financial bid – Incidental Charges 99. Two stage Bid submission procedure 1010. Submission of tenders 1111. Tender Evaluation and acceptance of tender 1212. Validity period for acceptance of tender 1213. Power of Attorney 1214. Cost of bidding 1315. Period of tender 1316. Security Deposit 1317. Signing of the service agreement 1318. Documents to be submitted before work 1319. Penalties/ Liquidity Damages 1420. Legal Jurisdiction 14

III General Terms and Conditions 15-181. Definitions 152. Insurance 153. Sub-letting 154. Refunds of EMD/ Security Deposits 165. Indemnities 166. Termination of the contractor 167. Demise of the contractor before fulfilling the service Agmt 168. Responsibility of the service provider 179. Clarification of bids 1710. Right to accept any bid and to reject any or all bids 1711. Disputes and Arbitration 1812. Set Off Clause 18

IV Description of Work 19-20V Information about the Tenderer 21VI Financial Bid/ Quotation 22-24VII Performa for Service Agreement 25-26VIII Certificate regarding Non-Participation of Relative of BSNL 27IX Check List to be filled by the tenderer 28-29

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SECTION-I

NOTICE INVITING TENDER

No. GMM STR ENK/RPC/NIT/2014-15/18 dated at Ernakulam the 02.09.2014Sealed Tenders from Registered Service Agencies are invited by the Divisional

Engineer (TM), IIIrd Floor, Telephone Bhavan, Kannur-670001 on behalf of the Bharat Sanchar Nigam Limited for Providing services for Building Caretaking /Office upkeepingin North Zone under the control of DE TM Kannur and DE TM Kozhikode for a period of one year.

Issue of Tender Forms : From 04.09.2014 to 23.09.2014.Last Date & Time for receipt of Tender Forms

: 11.00 Hrs. of 24.09.2014

Date and Time of opening of Tender Form

: 11.30 Hrs. of 24.09.2014

Venue for depositing the tender/ Venue for opening Tender

: O/o Divisional Engineer (TM)IIIrd Floor, Telephone Bhavan, KannurPin: 670001

Tender forms can be had from the office of Divisional Engineer, TransmissionMaintenance, IIIrd Floor, Telephone Bhavan, Kannur-670001 on all working days between1100 hrs and 1600 hrs from 04.09.2014 to 23.09.2014 on payment of non refundable amount of Rs.525/-(Rupees Five hundred and twenty five inclusive of 5%VAT and 1% cess) in person for each tender by way of crossed Demand Draft taken on or after the date of issue of this tender notification drawn on any Nationalized Bank and payable at Ernakulam and in favour of Accounts Officer(C&C), O/o GMM, STR, BSNL, Ernakulam.

The tender document may also be downloaded from our website: http://www.tender.bsnl.co.in (Select STR circle) and the said downloaded documents shall be legally valid for participation in the tender process. A crossed demand draft drawn onany Nationalized Bank in favour of The Accounts Officer (C&C), O/o GMM, STR, BSNL, Ernakulam for Rs. 525/- (Rs. Five hundred and twenty five inclusive of VAT) towards the cost of the tender document must be submitted along with downloaded tender document. . Bidders using downloaded tender form shall watch this site http://www.tender.bsnl.co.in (Select STR circle) for clarification/corrigendum if any that may be posted and will ensure the same to be included before the submission of tender document.

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Details of “Unit-wise” services in the North Zone along with estimated cost and EMD is as given below:

Sl.No Name & address of the Division

Service details for each Service Unit

No.of services required

Estmated cost

EMD Amount

1Divisional Engineer,Transmission maintenance, Kannur

Station upkeeping 3 342771 8600

2

Divisional Engineer,Transmission maintenance, Kozhikode

Building Caretaking 2 125059 3126

If any Tenderer wants to obtain the Tender Document by post, he has to submit an additional amount of Rs.100/- (Rupees One hundred only), per set of Tender Document along with the other necessary documents. The Tender Document will be sent to the Tenderer by Registered Post with Acknowledgment Due. However the BSNL shall not take any responsibility for the delay in postal transit, if any.

The tenderer can quote separately for each Unit in the Financial Bid and by submitting corresponding EMD for same.

maMDla AiBayaMta, baI esa ena ela Divisional Engineer, BSNL,

paroYaNa AnaurxaNa, esa TI Aar Transmission Maintenance, STR,kNNaUr, Kannur

(End of Section-I, Notice Inviting Tender)

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SECTION – II

This section describes “the important instructions and guidelines in understanding and filling up this tender”. This section forms part of the “Terms & Conditions” for this tender

1) INTRODUCTION :The Southern Telecom Region (STR) is a unit of Bharat Sanchar Nigam Limited (BSNL), a Govt. of India Enterprise providing long distance telecom connectivity. The above tender providing services for Building Caretaking / Station Upkeeping of temporary nature in

North Zone under the control of DE TM Kannur and DE TM Kozhikode.

a) The North Zone details and the “Service Units” within Zone along with location of sale and submission of tender document as below:

ZONEName & address of the

Division/ UnitName of service in

Service UnitLocation of

sale of tender

Location for Submission

of tender

North

Divisional Engineer,Transmission maintenance, Kannur

Station upkeep at DTS Payyannur



Station upkeep at DTS NileswarStation upkeep at DTS Uppala

Divisional Engineer, Transmission maintenance, Kozhikode

Building upkeeping at DTS Kozhikode

Building upkeeping at MW Kozhikode

b) The complete scope and extent of the ‘WORK’ is detailed in the scope of the work under section IV

2) ELIGIBILITY CRITERIA :a) This section describes “who can participate” in this tender.

i) Any Registered solely owned or partnership firms /Agencies.ii) The Agency must have valid income tax and service tax registration.iii) The Agency must have valid EPF and ESIC registration.iv) BSNL employees or their near relatives are not eligible to participate in the

Tender. v) The Tenderers/Agencies/Firms/Companies blacklisted or declared ineligible in

any BSNL units in KERALA jurisdiction are not eligible for participation in this tender.

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3) SALE OF TENDER DOCUMENT:a) Tender document can be had from the locations as detailed under section-II(1) on all

working days between 1100 hrs and 1600 hrs during the period specified for sale of tender document in NIT. The Tender documents will be issued to the Tenderers, on request in writing, along with the cost of the Tender document.

b) The sale price of the tender document is Rs. 525/-(Rupees Five hundred and twenty five inclusive of VAT). This amount is non refundable.

c) Payment towards the cost of Tender document should be done only by way of Crossed Demand Draft taken on or after the date of issue of this tender notification. The Demand draft may be drawn from any Nationalized Bank in favour of “The Accounts Officer(C&C), O/o GMM, STR, BSNL, Ernakulam” payable at Ernakulam . Cost of the Tender document in cash or in any other form, other than as mentioned above will not be accepted.

d) The Tender document can also be downloaded from our website: http://tender.bsnl.co.in and the said downloaded documents shall be legally valid for participation in the tender process. If downloaded document is submitted, the cost of the tender document should be paid in the manner specified in Section II(16) above, while submitting the tender document. Nonpayment of “cost of the tender document” would lead to total rejection of the bid.

e) All tenderers shall watch the site http://str.bsnl.co.in for clarification/corrigendum if any, that may be posted and will ensure the same to be included before the submission of tender document.

f) If any Tenderer wants to obtain the Tender Document by post, he has to submit an additional amount of Rs.100/- (Rupees One hundred only), per set of Tender Document along with the other necessary documents. The Tender Document will be sent to the Tenderer by Registered Post with Acknowledgment Due. However the BSNL shall not take any responsibility for the delay in postal transit, if any

g) Tender Document purchased is not transferable.

4) GENERAL CONDITIONS: a) The Tenderer must carefully read all the terms, conditions and specifications before

filling up the Tender schedule and his quotation. The Tenderers are requested to get well acquainted with the Tender conditions and the Guidelines supplied hereundershould be understood as whole. Such of those Tenderers who cannot read English may get the Tender documents translated in the language known to them, at their own risk and understand the conditions. Clarifications, if any, can be had from the officers concerned.

b) The prospective tenderers are advised to make a detailed survey of the stations /offices, so that the rates may be quoted taking all factors into consideration.

c) Any clarification on the details of the work can be obtained from the Divisional Engineer/Sub Divisional Engineer concerned on all working days, between 1100 hours and 1600 hours up to 3 days prior to the date of opening of the tender.

a) The DE in charge ,the authorised representative of the BSNL, herein after called the Officer-in- Charge, may authorise a SDE/Junior Telecom Officer wherever necessary to supervise and oversee the services provided on his behalf.

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5) EARNEST MONEY DEPOSIT: a) EMD for each financial bid as prescribed in Section-I should be enclosed with the

tender document in the form of crossed Demand Draft drawn from any Nationalized Bank in favour of “The Accounts Officer (C&C), O/o GMM, STR, BSNL, Ernakulam”, payable at Ernakualm . The date of issue of the Demand Draft should be a date on or after the date of issue of this tender notification.

b) Each tender should accompany a separate Earnest Money Deposit. Tender without prescribed EMD will be summarily rejected. The EMD will not bear any interest for any period whatsoever.

c) The MSME bidders are exempted from payment of bid security:i) A proof regarding valid registration with body specified by Ministry of Micro,

Small & Medium Enterprise for the tendered items will have to be attached alongwith the bid.

ii) The enlistment certificate issued by MSME should be valid on the date of opening of tender.

iii) MSME unit is required to submit its monthly delivery schedule.iv) If a vender registered with body specified by Ministry of Micro, Small & Medium

Enterprise claiming concessional benefits is awarded work by BSNL and subsequently fails to obey any of the contractual obligations, he will be debarred from any further work/ contract by BSNL for one year from the date of issue of such order.

d) The EMD of non qualifying Tenderers will be returned only after finalisation of tenders. In the case of the successful tenderer, the EMD amount shall be converted as part of the Security Deposit to be paid by them as per Section II (16) of the tender.

e) If the Tenderer fails to execute agreement within the period specified to do so, the EMD will be forfeited as mentioned in the relevant Clause, contained in this Tender Document.

f) If the bidder withdraws or amends its bid or impairs or derogates from the biding in any respect during the period of bid validity, the EMD will be forfeited.

6) GUIDELINES FOR FILLING UP THE TENDER:a) The Tenderer or authorized representative holding “Power of Attorney “shall certify

and affix his signature and seal on each and every page of the tender document, and return it along with his tender offer, as a token of his acceptance of each condition specified on each page of the tender document. If the tender is not duly signed in any one or more or all pages, or is deficient or is incomplete in any of the requisite matters or particulars or formalities, it will be rejected summarily. A Post Box Number given merely as an address shall not be entertained.

b) In case an authorized representative signs the tender document, a duly certified copy of the “ Power of Attorney “ on behalf of the sole proprietor or partnership firm, shall accompany the tender.

c) The Tenderers will be bound by all terms, conditions and specifications detailed in this tender document. The Tenderer shall not have any right to modify the conditions or specifications contained in the Tender document at any occasions. Any tender submitted with conditions other than those specified in the tender document will be summarily rejected.

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d) Any attempt for negotiation either direct or indirect on the part of the Tenderer with the authority to whom he has submitted the tender or with Deputy General Manager/General Manager or endeavors to secure interest for actual or prospective tender or to influence by any means are liable to be excluded from considerations. The Deputy General Manager /General Manager may take necessary actions to black-list such Tenderer(s).

e) No errors, over-writing shall be permissible unless attested under the signature of the Tenderer with date.

f) The Tender Schedule in section VI shall be read in conjunction with Instructions to Tenderers and Conditions of Contract and the Tenderer shall be deemed to have carefully examined all these documents. The specifications for the entire work are to be read together and not in isolation.

7) THE FINANCIAL BID –PRE-FIXED RATES:a) The quotation/bid in section VI submitted by the Tenderer shall contain rates in two

portions, monthly wages (Pre-fixed) for unskilled worker and an incidental chargesportion. In both the cases, the amount provided in the bid or the amount to be quoted by the tenderer shall be for providing work/services called for at the given locations, for the prescribed hours per day for a period of one year irrespective of holidays or festival days or any sort of strike days or ‘bandh’ days or ‘harthal’ days in accordance with terms, conditions and specifications contained in the Tender Document.

b) The Monthly wages provided in the prefixed part of bid contains the following. i) Minimum wages for unskilled labourers with variable dearness allowance (The

minimum wages act 1948) as prescribed by Chief Labour Commissioner or State Labour Commissioner whichever is higher.

ii) Employer’s contribution towards EPF (The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 ) along with its administrative charges

iii) Employer’s contribution towards the ESI wherever applicable (The Employee’s State Insurance Act, 1948)

c) The rates provided under the pre-fixed portion are fixed as per the prevailing Rules and Regulations of Government of India/State Government and shall not be altered or modified by the Tenderer It may vary only when Chief labour commissioner or State labour commissioner revises the rate which is accepted as the basic wage and DA .

d) The rates per month for Station upkeeping at DTS Payyannur as detailed under works in this tender shall have the following pre-fixed rates:

1Minimum wages per month( for 26 days) for unskilled labourers for 8 hours per day [including DA] Rs. 6448

2EPF together with its administrative charges @ 13.61% of the total amount at sl. No.1 above Rs. 878

3ESI (if applicable only) @ 4.75% of the total amount at serial No.1 above Rs. 306

Total of Pre-fixed rates per month (1+2+3+above) Rs. 7632

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e) The rates per month for Station upkeeping at DTS Nileswar as detailed under works in this tender shall have the following pre-fixed rates:





f) The rates per month for Station upkeeping at DTS Uppala as detailed under works in this tender shall have the following pre-fixed rates:





g) The rates per month for Building care taking at DTS and MW station Kozhikode as detailed under works in this tender shall have the following pre-fixed rates





h) The contribution towards EPF and ESI(wherever applicable) will be paid to the successful Tenderer, subject to the submission of the copy of the payment particulars made to the EPF and ESI authorities, along with the details of the employees engaged by him with subsequent bills.

8) THE FINANCIAL BID –INCIDENTAL CHARGES:a) The rates quoted by the Tenderer under the incidental charges portion for providing

the services called for at the given locations shall form the basis for tender evaluation.b) The incidental charges portion shall contain the establishment charges of the Tenderer

for providing the services called for, together with the Tenderer’s profit. This charge shall also include all the payments towards the statutory taxes and duties payable by

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the tenderer for providing the service by him as a contractor and all his administrative and incidental charges therein and cost of all these shall be deemed to be included in the bid prices quoted by the Tenderer at the time of submitting his tender.

c) The incidental charges will not change and is fixed during the entire contract period. However, the Service Tax as applicable from time to time shall be paid by BSNL to the successful Tenderer.

d) The Tenderer will quote the rate only in Rupees which is to be specified in figures and words in English. The rate should be quoted in the form in section-VI. The rates quoted in words will have precedence over the rates quoted in figures. If there is any difference between the rates quoted in figures and words, the rates quoted in words only will be considered for evaluation. If the rates are not quoted in words, the tender is liable to be rejected. A bid submitted with an adjustable price bid will be treated as non-responsive and rejected. “Discount” or extra charges if any mentioned by the bidders shall not be considered unless these are specifically indicated in the price schedule.

9) TWO STAGE BID SUBMISSION PROCEDURE:a) Tenders invited under two bid/ envelopes system,

i) the first envelope will be named as “Technical” & will contain documents of bidder’s satisfying the eligibility / Technical conditions and

ii) 2nd envelope will be named as “Financial” envelope containing financial quote.b) Technical Bid

i) The Technical envelope should be separately sealed properlyii) The Technical envelope should be superscribed on top of envelope “Tender for

…for North Zone….” and “Technical Bid”.iii) The Technical envelope shall contain one set of the following documents:

(1) One copy of the complete set of tender document duly filled in and signed by the tenderer with office seal on each page and also at every correction /over-writing made by the Tenderer or otherwise as prescribed in the different clauses of the Tender document in respect of any matter or document.

(2) Demand Draft towards Earnest Money Deposit as prescribed in this tender document.

(3) Demand Draft towards cost of Tender document if it is downloaded from internet.

(4) In case of the partnership firm, self attested copy of the “Partnership deed” and NOC in original from the partners must be submitted along with the Tender. Partnership firms shall furnish the full names and addresses of all the partners signed by a duly authorized representative followed by the name and designation of the person signing.

(5) In case an authorized representative signs the tender document, a duly certified copy of the “ Power of Attorney “ to that effect from the sole proprietor or partnership firm, shall accompany the tender.

(6) Self attested copy of Current Valid Registration Certificate for the Agency / Firm / Partnership Firm issued by North and State Tax authorities.

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(7) Valid labour license from Regional Labour Commissioner(8) Self attested copy of Registered PAN (9) Self attested copy EPF registration Certificate(10) Self attested copy ESI Registration Certificates (11) Declaration stating that none of the near relative of the tenderer is working

in the BSNL units for which the tender is called for.(12) Valid MSME Certificate, if applicable. In case the ownership of such MSME

Entrepreneurs happens to be from SC/ST category, proof in this regard also need to be submitted.

(13) Experience Certificate if any.

c) Financial envelope:i) The Financial envelope should be separately sealed properlyii) The Financial envelope should be superscribed on top of envelope “Tender for

…….” and “Financial Bid”.iii) The Financial envelope shall contain the Financial Bid / Quotation,

10) SUBMISSION OF TENDERS:a) The prospective tenderer may submit quote for one or more units, affix his/ his

representative’s signature on the quoted financial bid and submit EMD for the same.b) The tenders shall be deposited in the tender box kept in the office of Divisional

Engineer, Transmission Maintenance, IIIrd Floor, Telephone Bhavan, Kannur-670001, for that purpose. Divisional Engineer or any other staff working with him shall not receive any tender in person.

c) Closing of the envelope merely by gum will not be treated as sealed cover. Tenders received in envelopes not sealed will not be opened or considered. Tenders received in unsealed envelops will be opened only when the Tenderers makes a request for return of any Demand Draft/Bank's Pay order enclosed as EMD. In such cases, only the Demand Draft/Bank's Pay order will be returned and the “BSNL” will retain the rest of the document.

d) Tender if sent by post, must be in double covering. It is desirable to seal the inner envelope also and super scribe as stipulated in the above Clauses, contained in this Section of the Tender Document.

e) The tender box will be sealed immediately after the specified time as per the timings of the office clock for receipt of tender.

f) Any tender presented in person by any Tenderer or his representative after the tender box is sealed will not be received either by Divisional Engineer or by any of the staff with him. Any attempt to forcibly deposit the tender after the sealing of the tender box will attract action as per the law.

g) Tenders received either by Post or by Courier Service or in person, after the specified time will be summarily rejected. EMD received along with late tenders will be returned on receipt of request from the tenderer.

h) If the date of opening of the tender specified in the Tender Document happens to be a holiday due to any reason the tender will be opened on the immediate succeeding working day at the same time as specified in the Tender Document without any more Notices.

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i) BSNL reserves the right to accept or reject any or all tenders without assigning any reason.

j) Divisional Engineer reserves the right to postpone the date of opening of tender or to cancel the tender notice in writing. Any request from Tenderers to postpone or to change the date of opening of the tender due to any reason whatsoever shall not be considered.

11) TENDER EVALUATION AND ACCEPTANCE OF TENDER:a) The tender shall be evaluated and finalized Unit-wise.b) The Financial bid quotes shall be made Unit-wise for the units under the Zone, for

which separate quote sheets for same in financial Bid is available.c) Non submission of EMD and quotation for any unit shall be construed as the tenderer

being non-responsive for the unit, and will not considered for final evaluationd) The rates quoted by the Tenderer under the incidental charges portion for providing

the services called for at the given locations shall form the basis for tender evaluation. e) Divisional Engineer is not bound to accept the lowest tender and reserves the right to

reject any or all tenders without assigning any reasons whatsoever.f) To assist in the examination, evaluation and comparison of bids the BSNL may, at its

discretion ask the bidder for the clarification of its bid. The request for clarification and the response shall be in writing. However at no cost bid clarification at the initiative of the bidder shall be entertained.

12) VALIDITY PERIOD FOR ACCEPTANCE OF TENDER: a) Tender submitted by the Tenderer will remain valid for acceptance for a period of

Three months from the date of opening of the Tender. The Tenderers shall not be entitled during this period of three months to revoke or cancel his tender or to vary the tender submitted or in terms thereof in the event of which the EMD will be forfeited.

b) In exceptional circumstances, the BSNL may request the consent of the bidder for an extension to the period of bid validity. The request and the response thereto shall be made in writing. The bid security provided under sectionII (12) shall also be suitably extended. The bidder may refuse the request without forfeiting its bid security. A bidder accepting the request and granting extension will not be permitted to modify its bid.

13) POWER OF ATTORNEYa) The power of Attorney should be submitted and executed on the non-judicial stamp

paper of appropriate value as prevailing in the concerned states(s) and the same be attested by a Notary public or registered before Sub-registrar of the state(s) concerned.

b) The power of Attorney be executed by a person who has been authorized, on behalf of the Company/ institution/ Body corporate.

c) In case of the bidder being a firm, the said Power of Attorney should be executed by all the partner(s) in favour of the said Attorney.

d) Attestation of the specimen signatures of such authorized signatory of the bid by the Company’s/ firm’s bankers shall be furnished. Name, designation, Phone number,

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e) mobile number, email address and postal address of the authorized signatory shall be provided.

14) COST OF BIDDINGa) The bidder shall bear all costs associated with the preparation and submission of the

bid. The BSNL will, in no case, be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process.

15) PERIOD OF TENDERa) Tenders awarded to the Successful Tenderers’ will remain valid for a period of One

Year from the date of award of the Tender. b) BSNL reserves the right to further extend the period of service agreement at the same

rate, terms and conditions for a period of SIX MONHS after the expiry of agreement ortill such time of finalising the next tender whichever is earlier on a mutually accepted basis with the successful tenderer.

c) The incidental charges remain fixed during the contract period and also during the extended period.

16) SECURITY DEPOSIT:a) The successful tenderer, within two weeks time on receipt of award of tender letter

should deposit 5% of the Annual contract charge, rounded off to the nearest hundred Rupees as the Security deposit after adjusting the EMD.

b) If the successful tenderer fails to submit the security deposit within two weeks of finalisation of the tender then his EMD amount will be liable to be forfeited. However, based on the request of tenderer citing specific reasons the tender approving authority may extend the time for submission of security deposit.

c) The Security Deposit will not carry any interest while it is in the custody of BSNL.

17) SIGNING OF THE SERVICE AGREEMENT:a) The successful Tenderer after depositing the required security deposit as demanded by

the Divisional Engineer, shall be required to execute an agreement on a non-judicial stamp paper of value Rs.100/- (Rs. One Hundred only) at his own cost and in the form annexed hitherto to the effect that the Tenderer and Divisional Engineer are bound by terms and conditions in the Agreement, which in turn will be the same terms, and conditions as specified in the tender document.

b) Any other supporting document as required by the Divisional Engineer, which is necessary to reinforce any of the claims/documents, should be submitted by the Tenderer at this stage.

18) DOCUMENTS TO BE SUBMITTED BEFORE COMMENCEMENT OF WORK:a) Attested copy of General Insurance Policy for a minimum sum of Rs.1,00,000/-b) Any other supporting document as required by the Divisional Engineer, which is

necessary to reinforce any of the claims/documents submitted by the Tenderer.

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19) PENALTIES a) The breach of service is the failure or refusal to perform it. DE in charge shall be the

competent authority to decide on non performance and the decision shall be final. When the required services are not provided proportionate deduction will be made with penalty. In case of poor services, penal deductions will be made by the unit officers at the rate of Rs.100/- per day per unit subject to a maximum of 12% of the bill amount. The decision of the DGMM/GMM STR, BSNL Ernakulam will be final in this regard.

b) If any consequential damages occur while carrying out the work, the damage incurred so should be borne by the tenderer.

c) The contractor is fully responsible for any failure towards the non-payment of EPF / ESI / Service Tax & Educational cess which lead to penalty by the authorities concerned. BSNL shall stand indemnified against any such penalties.

d) The above penalties will be made by way of deductions in the monthly cleaning bill presented by the contractor. The decision of the Divisional Engineer will be final in all the above matters.

20) LEGAL JURISDICTIONa) It is also a condition of this contract that the court that has territorial jurisdiction upon

the place from which the acceptance of Tender is issued shall have absolute jurisdiction. All matters connected with this tender and contract shall be governed bythe Indian law both substantive and procedural, for the time being in force and shall be subject to the exclusive jurisdiction of Indian Courts at Ernakulam.

*********(End of Section-II)

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SECTION – IIIGENERAL TERMS AND CONDITIONS 1) DEFINITIONS:

a) The Service Agreement / contract means the documents forming the Tender and acceptance thereof and the formal agreement executed between the OFFICER-IN-CHARGE for and on behalf of the BHARAT SANCHAR NIGAM LIMITED and the AWARDEE AGENCY together with the documents referred to therein, including the conditions of contract, the specifications, designs, drawings and instructions issued from time to time by the Officer-in-charge and all those documents taken together shall be deemed to form one Service Agreement and shall be complement to one another.

b) In the Service Agreement, the following expressions shall unless where the context otherwise required have the meaning hereby respectively assigned to them. The expression “WORKS” or WORK shall unless there be something either in the subject or context repugnant to such construction, be construed and taken to mean the other works by or by virtue of the Service Agreement to be executed whether temporary or permanent and whether original, altered, substituted or additional.

c) The “CONTRACTOR” shall mean the individual/agency/company/society, who undertakes the works and shall include the legal personal representative or such individuals composing such agency/company/society or the successors of such individual/ agency/company/society and the permitted assignees or such individual/ agency/ company/ society.

d) The BSNL refers BHARAT SANCHAR NIGAM LIMITED, a Public sector Enterpriseunder the Ministry of Communications, Government of India and all its officers.

e) The OFFICER-IN-CHARGE means the Divisional Engineer who shall supervise and shall be in-charge of the work at any time or who shall sign the Agreement on behalf of BSNL.

2) INSURANCEa) The Contractor should produce, at his own expense, the General Insurance Policy

made for a minimum of Rs. 1, 00,000/- (Rupees one lakh only), taken in the name of the STR BSNL Ernakulam against any loss or damage to the property of the STR BSNL Ernakulam due to untruthful or fraudulent activities during the execution of the work by him or his representatives or his attendants.

b) The Tenderer should make insurance to the life of their attendants and they should be solely responsible for damages/injuries/deaths caused to the attendants and any third party due to any reason during the execution of their service. The Bharat Sanchar Nigam Limited will not be responsible for any damages, injury or loss of life occurring to the attendants and any third party while carrying out their duties. The registered agency shall arrange for workmen’s Compensation Insurance as required by Law

3) SUB-LETTING:a) The Contractor shall not assign, sub-let or subject the whole or any part of the works

covered by the Service Agreement or any benefit thereof.

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4) REFUNDS OF EMD/SECURITY DEPOSITS: a) No interest will be payable on the EMD or the Security Deposit or amounts payable

to the Awardee Agency under the Agreement.b) Refund of Security Deposit is subject to full and final settlement of the final bill for

the works awarded and executed under the service agreement. Security Deposit will be refunded after successful completion of the contract period provided there are no recoveries to be made arising out of poor quality of work/incomplete work/violation of any terms and conditions of the contract as stipulated in the tender document.

c)In the case of the successful tenderer, the EMD amount shall be converted as part of the Security Deposit to be paid by them.

5) INDEMNITIES: a) The Agency shall at all times hold the BSNL harmless and indemnify from and

against all actions suits, proceedings, works, cost, damages, charges, claims and demands of every nature and description brought or procured against the BSNL, its officers and employees forthwith upon demand and without protest or demur to pass to the BSNL any and all losses and damages and costs (inclusive between Attorney and Client) and all cost incurred in endorsing this or any other indemnity or security which the BSNL may now or at any time have relative to the work or the agency’s obligations or in protecting or endorsing its right in any suit or other legal proceedings, charges and expenses and liabilities resulting from or incidental or in connection with the injury or disablement to or death of any person(s), including employees of the Agency or damage to properties resulting from or arising out of or incidental to the operations caused by the agreed works.

b) In addition the agency shall reimburse to the BSNL or pay to the BSNL forthwith, on demand, without protest or demur all costs, charges and expenses and losses and demands and actions which may be brought against the BSNL arising out of or incidental to or in connection with the operation covered by the Service agreement.

c) The Agency, shall, at his own cost, at the BSNL’s request, defend any suit or other proceedings asserting claim covered by this indemnity but shall not settle, compound or compromise such suit or other findings without consulting the BSNL.

6) TERMINATION OF THE CONTRACTOR :a) The BSNL / Officer-in-charge may, at any time, at his option cancel and terminate

this service agreement by issuing one month notice stating reasons for such cancellation or termination to the Contractor , in which event the Contractor shall be entitled to payment for the work done up to the time of such cancellation.

7) DEMISE OF THE CONTRACTOR BEFORE FULFILLING THE SERVICE AGREEMENT:a) Without prejudice to any of the rights or remedies under this service agreement, if

the Contractor dies, the officer-in-charge on behalf of the BSNL shall have the option of terminating the service agreement without forfeiting the security deposit and

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without any compensation for the Contractor , which does not amount to Breach of service agreement. Any amount payable to the BSNL under this service agreement shall be recoverable from any payment due to him or from the security deposit submitted by him.

b) Contractor’s legal heirs/representatives shall not without the consent in writing of the Officer-in-Charge, have the right to continue to perform the duties or engagements of the Contractor or under the service, in case of his death. In all cases,proof of death and other relevant documents to this effect shall be submitted to the Officer-in-Charge.

8) RESPONSIBILITY OF THE SERVICE PROVIDER: a) The service provider shall be responsible for the discipline of the persons employed

by him. If at any time, it is found that the persons are indulging in act of misbehavior or misconduct etc. the unit officer shall have the right to have him / her replaced by the service provider.

b) The service provider should be responsible for the welfare of his persons as per the various State / Central Government Acts and Regulations.

c) The service provider will be solely responsible for the employment of persons and payment of salaries, allowances and other benefits including bonus to his labour and BSNL shall in no way responsible for the same.

d) The Station Upkeep /Building caretaking agencies should ensure that the persons employed by them should not participate in any Dharna or Agitation or strike organized by them or by the trade union / Association of BSNL. Tender will be terminated for violation of the above condition with the forfeiture of Security Deposit.

e) Any communication to the last known address of the contractor / tenderer will be sufficient for the purpose of written communications. Any plea of absence from head quarters or change of address will not be accepted to establish the non-receipt of communication on the part of the tenderer.

9) CLARIFICATION OF BIDS:a) To assist in the examination, evaluation and comparison of bids the BSNL may, at its

discretion ask the bidder for the clarification of its bid. The request for clarification and the response shall be in writing. However at no cost, bid clarification at the initiative of the bidder shall be entertained.

b) If any of the documents, required to be submitted along with the technical bid is found wanting, the offer is liable to be rejected at that stage. However the BSNL at its discretion may call for any clarification regarding the bid document within a stipulated time period. In case of non compliance to such queries, the bid will be out rightly rejected without entertaining further correspondence in this regard.

10) RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDSa) The BSNL reserves the right to accept or reject any bid, and to annul the bidding

process and reject all bids, at any time prior to award of contract without assigning

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any reason whatsoever and without thereby incurring any liability to the affected bidder or bidders on the grounds of BSNL’s action.

11) DISPUTES AND ARBITRATION:a) In the event of any question, dispute or difference arising under this agreement or in

connection therewith except as to matter the decision of which is specifically provided under this agreement, the same shall be referred to sole arbitration of the General Manager, Maintenance, STR, Ernakulam or in case his designation is changed or his office is abolished then in such case to the sole arbitration of the said officer for time being entrusted whether in addition to the functions of STR BSNL Ernakulam or by whatever designation such officers may be called (hereinafter referred to as the “said officer”) and if the General Manager, Maintenance, STR, Ernakulam or the said officer is unable or unwilling to act as such the sole arbitration or some other person appointed by the General Manager, Maintenance, STR, Ernakulam or the said officer. The agreement to appoint an arbitrator will be in accordance with the Arbitration & Conciliation Act, 1996. There will be no objection to any such appointment that the arbitrator is an employee of BSNL or Government Servant. The award of the arbitrator shall be final and binding on the parties. In the event of such arbitrator to whom the matter is originally referred, being transferred or vacating his office or being unable to act for any reasons whatsoever such theGeneral Manager, Maintenance, STR, Ernakulam or the said officer shall appoint another person to act as arbitrator in accordance with the terms of the agreement and the person so appointed shall be entitled to proceed from the stage at which it was left out by his predecessor.

b) The arbitrator may from time to time with the consent of parties enlarge the time for making and publishing the award. Subject to aforesaid Arbitration & Conciliation Act, 1996 and the Rules made there of, any modification thereof for the time being in force shall be deemed to apply to the arbitration proceeding under this Clause.

c)The venue of the arbitration proceedings shall be at Ernakulam or such other places as the Arbitrator may decide.

12) SET-OFF CLAUSE: a) Any sum of money due and payable to the supplier (including security deposit

refundable to him) under this contract may be appropriated by the BSNL or the BSNL or any other person(s) contracting through the BSNL and set off the same against any claim of the BSNL or such other person or person(s) for payment of a sum of money arising out of this contract or under any other contract made by the supplier with the BSNL or such other person(s) contracting through the BSNL.

(End of Section-III)

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SECTION – IV (a)SCOPE OF THE WORK – BUILDING CARETAKING

The work for providing services for building care taking shall be carried out every day as per terms, conditions and specifications contained in the Tender Document and shall involve:

4.1 Maintaining the premises in neat and clean manner by cutting and removing the bushes and unwanted vegetations.

4.2 Sweeping and cleaning of the building/office premise and removal of spider web.

4.3 Sweeping and wet mopping of the floors and staircases of the building/office.

4.4 Dusting and mopping of the doors, windows, ventilators and similar building parts.

4.5 Dusting and mopping of the tables, chairs, cupboards, racks, stalks and similar building/office furniture and maintaining them in dust free and neat manner.

4.6 Dusting and mopping of the computers, printers, photocopiers, fax machines, modems and similar office automation equipments and maintaining them in neat manner.

4.7 Cleaning of washbasins, water closet and lavatory in a clean manner, provided in the building.

4.8 Preparing hot water/tea/coffee for the staff in the building/office and providing it to them as and when required by them.

4.9 Attending and responding to calls from the officers/officials in the office, and passing information about the same to the concerned officers/officials, and,

4.10 Collecting/delivering/transferring/moving of files/registers/papers from one officer/ official to another officer/official in the office.

(End of Section – IV, Description of Work: Building cares taking, Clauses 4.1 to 4.10)

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SECTION – IV (b)SCOPE OF THE WORK – STATION UP KEEPING

The work for providing services for station up keeping shall be carried every day out as per terms, conditions and specifications contained in the Tender Document and shall involve:

1. Keeping continuous vigil over various equipment installations by monitoring alarms and failures of the system and intimating the same to the station-in-charge immediately.

2. Starting and stopping of engine alternator and changing over the power supply to battery and back to mains during power failures.

3. Taking and entering the readings of battery and power plant in the registers as and when required and maintaining the log book of all such activities.

4. Climbing the tower and replacing fused tower warning lamps and broken domes and tightening tower bolts and nuts, as and when required.

5. Attending and responding to calls from different stations over order-wire telephone of the systems and local telephone.

6. Cleaning and dusting of equipment installations, testing instruments, air conditioning plants and installations, engine alternator installations, power plant installations, battery installations and all other installation available in the station, without disturbing the continuous working of the equipment and systems in the station.

7. Cleaning and sweeping of the equipment rooms and station building.

8. Maintaining the entire station compound in neat and clean manner by cutting and removing the bushes and unwanted vegetations, and

9. Safe up keeping of all the equipments, building, tower and the entire installations in the station compound in neat and safe manner and in all respect.

(End of Section – IV (b), Description of Work: Station up keeping, Clauses 1 to 10)

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SECTION -VINFORMATION ABOUT THE TENDERERS1. Name of the Firm/Tenderer :

2. Father’s Name (in case of Individual) :

3. Details about registered address of Firm/Tenderer

a. Full Postal address :

b. Telephone Number along with NSD code :

c. Mobile Number :

4. Nearest Police Station :

5. Whether it is Sole Proprietary Firm or Partnership

Firm or Private Limited Company :

6. Name(s) of the sole Proprietor/Partners/Directors :

7. Name of person authorized to enter into and execute

contract agreement(authorized to be enclosed) :

8. Permanent Account Number.(PAN) :

9 Service tax registration No

10 Sales tax registration No :

11. Details of other Branches of the Firm/Contractor

with Address, if any :

12. Number of labourers employed in the firm so for :

13. Details of License from labour Commissioner for

engaging labourers :

14. Specimen Signature of the Contractor :

15. Experience details, if any (To be attached separately):

I,……………………………………………………………………declare that all the information given above are true and correct to the best of my knowledge.

Signature of the tenderer:Name (in block letters):

Address of the Tenderer with Seal

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SECTION – VI (1)FINANCIAL BID/ QUOTATION FOR UNIT-

Station upkeeping services at DTS Payyannur/DTS Nileswar/DTS Uppala under DE TM Kannur.

(to be submitted in a sealed separate cover marked on top of cover as Financial Bid )To Divisional Engineer ………………………Sir,In response to your Tender Notice No……………………………………………………….. I/We hereby submit our tender rate for the services in Section II (1) is as under.Name and address of theTenderer (in BLOCK LETTERS) :

Particulars of EMD

Amount of Earnest Money Deposit

Number and date of the DD

Name of the bank and branch

QUOTATION A) For station upkeeping services at DTS Payyannur under DE TM Kannur

A.1)Pre-fixed rates per service per month per section II (7d)Minimum wages per month( for 26 days) for unskilled labourers for 8 hours per day [including DA] Rs.

A.2) Incidental charges as per Section-II (8). [This forms the basis for tender evaluation]:

Item Service Quantity

Rate per unit Rate per unit in words

Incidental charges Per service per month excluding Service Tax for Station upkeeping at DTS Payyannur

1

B) For station upkeeping services at DTS Nileswar under DE TM KannurB.1)Pre-fixed rates per service per month per section II (7e)Minimum wages per month( for 26 days) for unskilled labourers for 8 hours per day [including DA] Rs.

B.2) Incidental charges as per Section-II (8). [This forms the basis for tender evaluation]:



I Incidental charges Per service per month excluding Service Tax for Station upkeeping at DTS Nileswar

1

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C) For station upkeeping services at DTS Uppala under DE TM Kannur

C.1)Pre-fixed rates per service per month per section II (7f)Minimum wages per month( for 26 days) for unskilled labourers for 8 hours per day [including DA] Rs.

C.2) Incidental charges as per Section-II (8). [This forms the basis for tender evaluation]:



I Incidental charges Per service per month excluding Service Tax for Station upkeeping at DTS Uppala

1

The above offer is firm and final. I/We hereby undertake to abide by all the terms and conditions set forth in the tender

Signature of the Tenderer (Name and Address in Block letters)

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SECTION – VI (2)

FINANCIAL BID/ QUOTATION FOR UNIT-Building Caretaking at DTS/MW Kozhikode under DE TM Kozhikode

(to be submitted in a sealed separate cover marked on top of cover as Financial Bid )

ToDivisional Engineer………………………………………………Sir,In response to your Tender Notice No……………………………………………………….. I/We hereby submit our tender rate for the services in Section II (1) is as under.Name and address of theTenderer (in BLOCK LETTERS) :

Particulars of EMD

Amount of Earnest Money Deposit

Number and date of the DD

Name of the bank and branch

QUOTATION A) For building care taking services at DTS/MW Kozhikode

A.1)Pre-fixed rates per service per month as per section II (7g)Minimum wages per month( for 26 days) for unskilled labourers for 4 hours per day [including DA] Rs.

A.2) Incidental charges as per Section-II (8). (This forms the basis for tender evaluation):



Incidental charges Per service per month excluding Service Tax forbuilding care taking at DTS/MW Kozhikode under DE TM Kozhikode.

2

The above offer is firm and final. I/We hereby undertake to abide by all the terms and conditions set forth in the tender

Signature of the Tenderer (Name and Address in Block letters)

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SECTION-VIIPerforma for Service AgreementAn agreement made this …… Day of ..............(month)… …….(year)… between the Bharat Sanchar Nigam Limited, hereinafter called the BSNL (which expression shall unless excluded by or repugnant to the context, include his successors and assignees) on one part and M/s. ……………………………….…(name and address)…..………………………………(Acting through its constituted attorney) hereinafter called the ‘Contractor’ (which terms shall include their heirs, executors, successors and assignees) on the other part.

WHEREAS the BSNL is desirous of getting executed certain works namely:Providing services for the ……..(name of the service and location)… ……for …….(hours) /round the clock per every day, for a period of one year with effect from --------------------, irrespective of holidays, festival days, any sort of strike days, ‘bandh’ days or ‘harthal’ days, in accordance with terms, conditions and specifications contained in the tender document issued vide reference no: ...............…..dated …..... ….and letters of intent issued vide reference no: ...............… dated..............

AND WHEREAS the Contractor is ready and willing to execute the said works in accordance with the contract.

NOW THIS AGREEMENT WITNESSETH and it is hereby agreed and declared as follows:1. THE NOTICE INVITING TENDER, Instructions to Tenderers and Conditions of Contract, issued vide tender notification no:.................... dated......... and Letter of Intent vide no:........................... dated ........... (along with its enclosures) annexed hereto and such other additional particulars and instructions as may be found requisite to be given during execution of the work shall be deemed and taken to be an integral part of the contract and shall also be deemed to be included in the expression 'Contract Documents' wherever herein used.2. IN CONSIDERATION OF THE PAYMENT to be made to the Contractor for the work to be executed by him, the contractor hereby covenants with the BSNL that the contractor shall in accordance with the contract documents duly provide, execute and complete the said works and shall perform all other acts, deeds, matters and things in the contract mentioned or described or which are to be implied there from or may be reasonably necessary for the completion of the said works and at the time and in the manner and subject to the terms and conditions of stipulations mentioned in the contract. 3. The contractor has agreed that EPF/ESI contributions will be remitted regularly to the concerned organization in the EPF account of the contract worker as per schedule/rules and the EPF/ESI account numbers and receipts will be produced along with the monthly bill to the Divisional Engineer concerned.4. AND THE CONTRACTOR further agreed that tender will be terminated by issuing one month notice if the performance of the service provided is not satisfactory and also for non compliance of any of conditions laid down in the afore said tender document.5. IN CONSIDERATION OF DUE PROVISIONS, executions and completion of the said works in all respect, in accordance with terms, conditions and specifications contained in the

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Tender Document, the BSNL hereby agrees with the contractor that the BSNL will pay to the contractor a sum of Rs…………...(Rupees……………………………………………….) (Pre-fixed rate Rs……… and Incidental Charges Rs …………..), for the entire period of one year and such other sum(s) as may become payable to the contractor under the provisions of the Tender Document, issued vide tender notification no:..................................., dated.........6. Contractor agrees to pay the wages to contract labours not less than the minimum wages as fixed in the tender document and also other payments due either from BSNL or contractor before 7th of every month. 7. The following documents shall be deemed to form and be read and construed as part of this agreement/contract and binding on the parties:-

a) The NIT and the said tender documentb) The bid submitted by the contractorc) Subsequent agreements between the parties after submission of offer

8. The Party at second part called as “Contractor” also declares that none of this/her relatives, i.e. Wife, Husband, Parents, Grandparents, Children and Grand-children, Brothers, Sister, Uncles, Aunts and Cousins and their corresponding in-laws is working in BSNL . 9. All the disputes are subject to the jurisdiction of the courts at Ernakulam only.10. Security of Rs…………………. (Rupees ……………………………………….only) is furnished below. Rs.………………….. Security Deposit DD No. …………………… dtd ………………. …………………………….. ……………………………… …………... IN WITNESS WHEREOF the parties hereto have executed these presents the day and the year above written.

SIGNED AND DELIVERED BY, FOR AND ON BEHALF OF BHARAT SANCHAR NIGAM LIMITED:

Signature :Name : Designation :Address :

SIGNED AND DELIVERED BY, FOR AND ON BEHALF OF THE CONTRACTOR:Signature :Name :Address :

IN THE PRESENCE OF:1. Signature :

Name :Address :

2. Signature :Name :Address :

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SECTION-VIII

Certificate On Non-Participation Of Near Relatives Of BSNLEmployee

(In the case of Tender for providing services for Building Caretaking / Station Upkeeping / of temporary nature in North Zone under the control of

DE TM Kannur and DE TM Kozhikode”)

CERTIFICATE

I _________________________, S/O ______________________________ , R/O _______________________________________________ hereby certify that none of my relative(s) is/ are employed in BSNL unit as per details given in tender document. In case at any stage, it is found that the information given by me is false/incorrect, BSNL shall have the absolute right to take any action as deemed fit/ without any prior intimation to me “.

Signed ______________________

(For and on behalf of the Contractor)

Name (caps) _________________

Address ____________________

Date _____________________

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SECTION IX

SLNO Name of document Status Remark

1.Whether tender covers are “Wax-Sealed” Yes/No

2Whether Tender cover written “Tender for …..(Name of the service) in North zone under DE TM ………

Yes/No

3Tender document has been signed in allPages by the tenderer.

Yes/No

4.DD towards Earnest Money Deposit Yes/ No

5.DD towards cost of tender document if downloaded.

Yes/ No/ NA

6.Self attested copy of Current Valid Registration Certificate for the Agency / Firm issued by Central and State Tax authorities.

Yes/ NoValidity period of registration:

7.Original “Power of Attorney” enclosed in case any person other than the tenderer himself, has signed the tender.

Yes/ No/ NA

8.

Authenticated copy of the partnership Deed in case of Partnership Firm and Power of Attorney to the Representative of the Firm to operate the Tender enclosed.

Yes/ No/ NA

9.Self attested copy of Valid Labour License from the Regional Labour Commissioner is attached. Yes/ No

1. No of labourers permitted _________

2. Validity period of Labour license :

10.Copy of Latest EPF registration certificate attached

Yes/ No EPF Code No:

11.Self attested copy of Service Tax Registration certificate attached

Yes/ No ST Code No:

12.

Self attested copy of ESI Registration certificate attached

Yes/ No ESI Code No:

13.Self attested copy of Registered PAN and Income TAX clearance certificate

Yes/ No PAN No.:

CHECK LIST TO BE FILLED BY THE TENDERERS

Please tick the “Status” column as indication of submission of relevant

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14.Certificate on none of the near relative of the tenderer is working in the BSNL units for which the tender is called for.

Yes/ No

15. Vendor details – Form for online payment Yes/ No

16.Self certificate stating that the tenderer is not blacklisted or ineligible to participate tender in any BSNL units in Kerala Jurisdiction

Yes/ No

17.Experience Certificate if any for service provided to BSNL unit or any other firms Yes/ No

18. Whether rate quoted is mentioned in figures as well as in words.

Yes/ No

19. Whether the correction, if any, have been encircled and fresh entry made and signed by the Authorized Signatory. (No over writing is permitted.)

Yes/ No