Tender No: W-6/Plg/Val/T-140/ RF maintenance work /2017 …tender.bsnl.co.in/bsnltenders/bsnltender/download.jsp?download=VAL... · GMTD Valsad on behalf of Bharat Sanchar Nigam Limited

W-6/PLG/VAL/T-140/RF Maintenance Work/2017-18

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Read, understood and complied with”

Signature of bidder with seal

Tender for RF maintenance work in Valsad SSA.

BHARAT SANCHAR NIGAM LIMITED

(A Government of India Enterprise)

VALSAD TELECOM DISTRICT

GENERAL MANAGER TELECOM DISTRICT, VALSAD-396 001

TENDER

FOR

RF MAINTENANCE WORK IN VALSAD SSA

TECHNICAL BID

Tender No: W-6/Plg/Val/T-140/ RF maintenance work /2017-18

Dated: 18.11.2017

Tender form will be accepted : Up to 11.00 hrs. Of 12.12.2017. Tender opening date & time : At 11.30 hrs. On 12.12.2017. Tender Form fee : Rs. 590/- including GST (Non-refundable)

NAME & ADDRESS OF THE TENDERER:

__________________________________________

__________________________________________

__________________________________________

Phone: _________________________________

Mobile No: _____________________________

Note: 1. Bidders are requested to down load Tender document from the following websites

(www.gujarat.bsnl.co.inor www.tender.bsnl.co.in) and for e-tender (www.tenderwizard.com/BSNL) 2. Bidders are requested to give written request before one week of the tender opening for any

Quarries / amendments / clarifications if there is any discretion. 3. All the Correspondence/Communications will be made Electronically (Emails) strictly.

http://www.gujarat.bsnl.co.in/

http://www.tender.bsnl.co.in/

http://www.tenderwizard.com/


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BHARAT SANCHAR NIGAM LIMITED (A Government of India Enterprise)

2nd Floor New Telephone Exchange, Halar Road O/o. GMTD Valsad -396001.

Tel. No.: 02632 – 253282, FAX-02632 –253766

Tender No: W-6/Plg/Val/T-140/ RF Maintenance work /2017-18 Dated: 18.11.2017 Please find enclosed the tender document in respect of above mentioned tender which contains the following.

Section No. Item Page No. Technical Bid 1 Detailed NIT 3-6 2 Tender Information 7-8 3 Specification of works & Schedule of Requirement 9-10 4 Part A General Instructions to Bidders(GIB) 11-27 4 Part B E-tendering instructions to bidders 28-32 5 Part A General (Commercial) Conditions of Contract (GCC) 33-41

5 Part B Special (Commercial) Conditions of Contract (SCC) 42-50 6 Part A Part A : Undertaking & Declarations 51-52 6 Part B Part B Declaration Regarding No Relative Working In BSNL 53 7 Part A Bid Security Form 54 7 Part B Performance Security Guarantee Bond 55-56 7 Part C Letter of Authorisation For Attending Bid Opening 57 7 Part D Specimen of Agreement 58-60 7 Part E Experience Certificate Format 61 8 Agency Details 62-63 Schedule of Rate 64-65 9 Part A Bid form 66 Check List 67 FINANCIAL BID 9 Part B Price Schedule 68 10 (sheet 1) Form for Educational Bidders 69-70

If interested, kindly submit your offers by means of online bids only for Electronic E-Tendering at the portal detailed in ‘Special Instructions to Bidders for E-Tendering’ on or before date & time specified in Clause 6 of Detailed NIT.

Assistant General Manager (Plg) Valsad Telecom District. Tel. No.: 02632 – 253282 Fax No. 02632 –253766 Email: agmplgvalsad @gmail.com


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SECTION – 1

BHARAT SANCHAR NIGAM LIMITED (A Government of India Enterprise)

2nd Floor New Telephone Exchange, Halar Road O/o. GMTD Valsad -396001.

Tender No: W-6/Plg/Val/T-140/ RF maintenance work /2017-18 Dated: 18.11.2017

SECTION-I Detailed Notice Inviting Tender (DNIT)

Online e-Tender (Digitally) are invited by GMTD, BSNL Cost of tender form :- The bidders

downloading the e-tender document are required to submit Cost of tender form through Demand Draft failing

which the tender bid shall be left archived unopened/ rejected. The Demand draft shall be drawn from any

Nationalized/ Scheduled Bank in favour of “Account Officer (Cash), BSNL, O/o GMTD Valsad” and payable at

Valsad.

GMTD Valsad on behalf of Bharat Sanchar Nigam Limited from the prospective contractor the detail of work is as furnished below:

A: General Tender Information:

S.No Item Details

01 E-Tender No W-6/Plg/Val/T-140/ RF maintenance work

/2017-18

02

Mode of Tender (a) e-tender through website

ww.tenderwizard.com/BSNL of M/s ITI Ltd.

(b) No physical tender is acceptable.

(a) Technical Bid (b) Financial (Commercial) Bid The intending bidders are required to submit their offer electronically through e-tendering portal.

03 Description of work RF Maintenance work in Valsad Telecom District

(SSA) as per specifications given in the tender

04 Estimated Cost of Tender without GST. GST shall be paid extra as applicable.

Rs. 9,82,600/-(Rs. Nine Lakh Eighty Two Thousand Six Hundred only )

05

E-Tender Form Price/Fee including GST. Rs. 590/- (Rs. Five hundred Ninety Only).

Mode of payment: In form ofDD/banker’s cheque from any Nationalized / Scheduled Bank in favour of A.O (Cash),BSNL, O/o. GMTD Valsad payable at Valsad . Scanned copy of paid receipt to be uploaded & attached on e-tendering website.

06

Bid security (EMD): 2 % of tender amount Rs. 19,652/- (Rs. Nineteen Thousand Six Hundred Fifty Two Only)

Mode of payment: In form of DD/banker’s cheque/ Bank Guarantee from any Nationalized / Scheduled Bank in favour of A.O(Cash),BSNL, O/o. GMTD Valsad payable at Valsad . Scanned copy of paid/submitted receipt to be uploaded & attached on e-tendering website.

07

Bank Solvency Amount. Rs. 2,00,000/- ( Rs. Two lakh Only)

To be submitted from any Nationalized /Scheduled Bank in favour of A.O (Cash), BSNL, O/o GMTD Valsad. Scanned receipt copy to be uploaded & attached on e-tendering website.

08 Performance Security Amount as stated in Clause 4 of section 5 (Part A).

Successful Bidder has to pay this before agreement Mode of payment: in the form of Bank guarantee/ DD From any Nationalized / Scheduled Bank in favour of A.O (Cash), BSNL, O/o. GMTD Valsad payable at Valsad.


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09 Experience as stated in DNIT As per clause 5 of Section- I (Part-B)

10

Duration of contract One year from the date of agreement (Until otherwise specified) or completion of work put to tender, whichever is earlier or can be extended for further maximum period of one year.

13111

Website Links to download Tender forms www.gujarat.bsnl.co.in or www.bsnl.co.in or www.tenderwizard.com/BSNL

14 12

Availability for down loading of tender documents.

From 18/11/2017 18/11/2017 at 11:00 Hrs onwards Up to 12/12/2017at 10:55 Hrs. (up to time 5 minutes before closing time)

13 Pre-Bid Meeting date & Time Shall be informed as and when fixed.

14 Time and last date of submission of Bid Up to 11:00 Hrs on 12/12/2017

15 Venue of tender opening Conference Hall, 2nd Floor New Telephone

Exchange, Halar Road,O/o. GMTD Valsad -396001.

16 Tender Opening (Technical) Part-I At 11:30 Hrs on 12/12/2017

17 Tender Opening (Financial) Part-II Will be informed separately

18

Corrigendum Corrigendum shall be published online and no News Paper Advertisement shall be given Venders are requested to visit the link for regular updates. www.tenderwizard.com/BSNL.

19 Paying authority AO (Cash), O/o GMTD, Valsad For further details or for downloading the bid documents, please visit BSNL website www.gujarat.bsnl.co.in or www.bsnl.co.in or www.tenderwizard.com/BSNL or contact Assistant General Manager (Plg) BSNL Valsad on any working day.

Note 1: The quantity /no. / Sites stated above are estimated and BSNL reserves the right to vary

the quantity to the extent of -25 % to + 25 % of specified quantity at the time of award of the contract i.e. APO without any change in unit price or other terms & conditions. Accordingly estimated tender cost will also be decreased / increased by + 25 %.

Note 2: Deleted 2. Purchase of Tender Document: Tender document can be obtained by downloading it

from the website “www.gujarat.bsnl.co.in” or http://tender.bsnl.co.in. The official copy of tender document for participating in E-tender shall be available for downloading from www.tenderwizard.com/BSNL

2.1 The bidders downloading the tender document are required to submit the tender fee amount through DD/ Banker’s Cheque along with their tender bid failing which the tender bid shall be left archived unopened/ rejected.

The DD/ banker’s cheque shall be drawn from any Nationalized/ Scheduled Bank in favour of AO (Cash) BSNL, GMTD Valsad, payable at Valsad

2.2 The tender documents shall be issued free of cost to MSE bidders on production of requisite proof in respect of valid certification from MSME for the tendered item.

3. Availability of Tender Document: The tender document shall be available for downloading from 18/11/2017 11:00 Hrs onwards up to 12/12/2017 10:55 Hrs.



http://www.bsnl.co.in/

http://www.mstcecommerce.com/


http://tender.bsnl.co.in/



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3.1 BSNL has decided to use process of e-tendering process for inviting this tender and thus the physical copy of the tender would not be sold.

Note 3: Deleted 4. Eligibility Criteria: - The bidder should have

(a) Successfully completed installation/maintenance of at least 15 BTS or carried out RF activity (including Microwave) work amounting to 40% of the tender cost in last three years (2014-15, 2015-16 and 2016-17) in BSNL/DOT/MTNL/PSU/ any Private Telecom Operators of GSM/WLL sites.

A copy of experience certificate must be issued by the officer not below the rank of Divisional Engineer or equivalent or tender approving authority (in case of Corporate) in the prescribed format or format containing similar information. Only PO / WO will not be accepted without successful completion certificate in support of experience.

(b) Financial Turnover of at least Rs. 7.5 Lacs per year during last three years OR Solvency

Certificate for Rs. 2 Lacs from the banker of the tenderer. The Solvency Certificate shall not be older than the date of issue of NIT.

The bidders shall submit necessary documentary proof showing that they meet the eligibility criteria along with their tender bid. All documents submitted shall also be self-attested.

5. BID Security/EMD

5.1 The bidder shall furnish the bid EMD in one of the following ways:-

(a) Demand Draft/ Banker’s cheque drawn in favour of AO (Cash),BSNL,GMTD, Valsad and payable at Valsad .

(b) Bank Guarantee from a Nationalized/scheduled bank drawn in favour of AO (Cash) BSNL, GMTD, Valsad which should be valid for 180 days from the tender opening date.

5.2 The MSE units shall be exempted from submission of Bid Security deposit on production of requisite proof in respect of valid certification from MSME for the tendered item.

6. Date & Time of Submission of Tender bids: As mentioned in above table.

Note 4: In case the date of submission (opening) of bid is declared to be a holiday, the date of submission (opening) of bid will get shifted automatically to next working day at the same scheduled time. Any change in bid opening date due to any other unavoidable reason will be intimated to all the bidders separately.

7. Opening of Tender Bids: As mentioned in above table

8. Place of opening of Tender bids:

8.1 In case of tenders invited through e-tendering process, the tenders shall be opened through ‘Public Online Tender Opening Event (POTOE)’. BSNL’s Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices. Kindly refer

8.2 In addition & in case of tenders invited through manual bidding process, authorized representatives of bidders (i.e. vendor organization) can attend the TOE at the office of AGM (Plg), 2nd Floor New Telephone Exchange, Halar Road Valsad – 396001, Where


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BSNL’s Tender Opening Officers would be conducting Public Online Tender Opening Event (TOE).

9. Tender bids received after due time & date will not be accepted by the system or physically.

10. Incomplete, ambiguous, Conditional, unsealed tender bids are liable to be rejected. 11. GMTD Valsad reserves the right to accept or reject any or all tender bids without

assigning any reason. He is not bound to accept the lowest tender. 12. The official copy of tender document for e-bidding process of E-tender shall be available

for downloading from http://www.tenderwizard.com/BSNL from 18/11/2017, 11:00 Hrs onwards. This will, however, be same as available on BSNL website.

12.1 The bidder shall furnish a declaration that no addition / deletion / corrections have been made in the downloaded tender document being submitted and it is identical to the tender document appearing on E-tender Portal http://www.tenderwizard.com/BSNL

12.2 In case of any correction/ addition/ alteration/ omission in the tender document, the tender bid shall be treated as non-responsive and shall be rejected summarily.

13. The bidder shall furnish a declaration in his tender bid that his firm has not black listed by any SSA/ Circle of BSNL/ MTNL

Note 5: All documents submitted in the bid offer should be preferably in English. In case the

certificate viz. experience, registration etc. is issued in any other language other than English, the bidder shall attach an English translation of the same duly attested by the bidder & the translator to be true copy in addition to the relevant certificate.

Note 6: All computer generated documents should be duly signed/ attested by the bidder/ vendor organization.




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SECTION – 2

Tender Information

1. Type of Tender :

a) No. of Bid Submission Stages for tender: Single Stage.

b) No. of Envelopes for submission of Bids: Two Nos. (The bidders shall submit Techno- commercial & financial bid simultaneously) (Opening stages)

c) E-reverse auction: if required by Business Unit / Planning cell after opening of the Financial bids

Note 1: In case of 1(b) above, the bidder shall submit Techno-commercial & Financial bid simultaneously. The bids will be evaluated techno-commercially first and thereafter financial bids of techno commercially compliant bidders only shall be opened.

2. Bid Validity Period / validity of Bid offer: 150 days from the tender opening date and

Validity of bid Offer for acceptance by BSNL can be extended.

3. In case of tenders invited under two envelopes system, the first envelope will be named as techno commercial & will contain documents of bidder’s satisfying the eligibility / Technical & commercial conditions and 2nd envelope will be named as financial envelope containing financial quote.

a) Techno-commercial part of the bid shall contain one set of the following documents only:-

i) EMD ii) Cost of the tender documents i.e. tender fee. iii) Certificate(s) showing fulfillment of the eligibility criteria(s) stated in Clause 4 of the

DNIT iv) Power of Attorney & authorization for executing the power of Attorney in

accordance with clause 14.3 of Section -4 Part A v) Clause by clause compliance vi) Agency Details duly filled & signed. vii) Non-Relation Certificate duly filled & signed. viii) Undertaking & declaration duly filled & signed ix) Documents stated in clause 10 of Section -4 Part A x) Tender documents duly signed and sealed at the end of each page for having read it

& accepted it. xi) Tender/ Bid form- Section 9 Part A duly filled & signed xii) Electronic Form- Technical (in case of tenders invited through e-tendering process)

Note 2: Deleted

b) Financial envelope shall contain Electronic Form- financial along with Price Schedule (Section 9 Part-B with all relevant bid annexure (in case of tenders invited through e-tendering process)

Note 3: Bid must be submitted by bidder through E-tendering mode only. Manual

(OFFLINE) submission of bids should not be considered. In case of e-tendering, the following documents are required to be submitted offline (i.e. offline submissions) at O/o AGM (Plg), 2nd Floor, New Telephone Exchange, Halar Road Valsad -396001 on or before the date & time of submission of bids in a sealed envelope.


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The envelope shall bear the tender number, name of work and the phrase: "Do Not Open Before (due date & time of opening of tender).

i) EMD - Bid security (original copy) ii) DD/ Banker's cheque of Tender fee iii) Power of Attorney in accordance with clause 14.3 of section 4 Part A and

authorization for executing the power of Attorney. iv) Latest and valid MSME / NSIC/ DIC Certificate duly certified by NSIC if

applicable

The purchaser shall not be responsible if the envelop is delivered elsewhere or late. 4. Deleted 5. Payment terms: As detailed in clause 11 of section-5 (part A) of the tender document.

6. Deleted


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SECTION – 3

TECHNICAL SPECIFICATIONS/REQUIREMENTS/SCPOE OF WORKS

1. Depending on the site-specific requirement, BSNL reserves the right to order all or any of the items of work specified in the schedule of rate (SOR) anywhere in Valsad Telecom District for BSNL mobile services and the quantum of work are subjected to change depending on the actual site requirements.

2. Installation of Micro BTS, AC wiring, PCM wiring, AC cable, PCM cable as per standard, AC

DB (with 6 AMP fuse) as per site requirement. 3. All testing equipment required for the job will be provided by the contractor such as

VSWR meter etc. 4. General guidelines for Installation works

i. Contractor will ensure that the site is cleared in all respects after installation of the

equipments and completion of the works

ii. Contractor will ensure safety of all equipments. Loss caused due to any damage caused to the equipments during the work shall have to be borne by the contractor

iii. The contractor will be responsible for any damage to building/structure during

installation. In this regard expenditure / solution of any legal or financial implications thereof shall be borne by the contractor.

iv. The contractor is fully responsible for the installation of the equipments at site. He

shall restore the structure and plug the leaks if any to the satisfaction of the building owner with the help of leak proof material and concreting.

v. The contractor will ensure that the employees engaged for the works are neatly

dressed and behave properly with residents/neighbors of the site.

vi. The Contractor shall be responsible for any injury/accident to the rigger at work place and shall be responsible for any claim by the rigger or his family in case of any accident. BSNL will not be responsible for any accident or claim by the rigger or his family in case of any accident.

5. Quantum of Work: -

Sr. No. Work with riggers Quantity

1 Antenna Orientation & Tilt per sector 250

2 Dismantling of Antenna, per antenna 50

3 Dismantling of Antenna Fixture, per fixture (for phase diversity antenna) 30

4 Dismantling of Antenna Fixture, per fixture (for space diversity antennae) 10

5 Installation of Antenna, per antenna 50

6 Fixation of Antenna Fixture, per fixture (for phase diversity antenna) 30

7 Fixation of Antenna Fixture, per fixture (for space diversity antenna) 10

8 Height lowering of Phase Diversity Antenna along with fixture, per sector 40


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9 Hoisting of RF Cable including connectorization, per meter 2500

10 Removing of RF Cable, per meter 2500

11 VSWR fault rectification per sector (includes reconnectorization, jumper cable change & weather proofing) 200

12 Weather Proofing, per Site 250

13 Checking & correction of RF cable swap, per site 20

14 Installation of Microwave Dish (Mini Link), per Antenna 30

15 Removing of Microwave Dish (Mini Link), per Antenna 20

16 Microwave Link LOS work (Per Link) including ODU replacement 40

17 ODU Replacement for Minilink, per Antenna 50

18 Installation of Micro BTS

a Installation of Micro BTS Equipment per unit 10

b Laying of RF Cable per meter for Micro BTS (50M /site) 500

c Installation of Splitter including connectorization 20

d Installation of Patch/Panel / Omni antenna with connectorization 10

19 RF Repeater Installation including Yagi / Panel Antenna & RF Cable of 25M 10

20 Wall mount antenna installation

a Fixing of wall mounting fixture, per fixture 20

b Installation of RF cable tray for wall mounting Antenna per meter 300

21 Laying of IF cable one pair (Max.60 meter each) per hop/Site 10

22 BTS room /shelter cleaning (Per site )/surrounding Grass cutting and cleaning 200

23 Transportation of material including loading & unloading in small vehicle like chhota hathi/tempo 407/Eicher

a Up to 50 km (in case of more than one loading & unloading location 25% extra will be payable for each additional location ) 30

b For each additional km beyond 50 km 1000

c

Extra Labour charges for loading /unloading in case of multi stored building Unskilled labour engage per person per day charge based on prevailing minimum wage of central government ( If there is wage revision the will be revise as per central labor commissioner basic rate + EPF + ESI as applicable 100


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SECTION –4 (Part-A)

GENERAL INSTRUCTION TO BIDDERS (GIB)

1. DEFINITIONS:

a. "The BSNL" means Valsad Telecom District, Valsad on behalf of Bharat Sanchar Nigam Limited (BSNL), Valsad.

b. "The Bidder" means the individual or firm which participates in this tender and submits its bid.

c. "The Contractor / Supplier" means the individual or firm providing goods/ services under the contract.

d. "The Work Order" (W.O.) means the order placed by the BSNL on the bidder signed by the BSNL including all attachments and appendices thereto and all the documents incorporated by the reference therein. The W. O. shall be deemed as the "Contract" appearing in the document.

e. "The Contract Price" means the price payable to the bidder under the Work Order for the full and proper performance of its contractual obligations.

f. "Department" means the BHARAT SANCHAR NIGAM LIMITED, NEW DELHI.

g. LOI means Letter of Intent issued to the successful bidder by the BSNL.

h. Work Orders may also be read as Purchase Order & vice versa.

2. ELIGIBLE BIDDERS:

Kindly refer to clause 4 of Section – I i.e. detailed NIT

3. COST OF BIDDING:

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.

4. BID DOCUMENTS:

4.1 The services required to be provided, bidding procedures and contract terms are prescribed in the Bid Documents. The contents of the Bid documents are specified in the covering letter.

4.2 The Bidder is expected to examine all instructions, forms, terms and specifications in the Bid Documents. Failure to furnish all information required as per the Bid Documents or submission of bids not substantially responsive to the Bid Documents in every respect will be at the bidder's risk and may result in rejection of the bid.

5. CLARIFICATION OF BID DOCUMENTS:

5.1 A prospective bidder, requiring any clarification on the Bid Documents shall notify the User in writing by FAX or by Email of the User as indicated in the invitation of Bid. The User shall respond in writing to any request for the clarification of the Bid Documents, which it receives 7days prior to the date of opening of the Tenders. Copies of the query (without identifying the source) and clarifications by the User shall be uploaded on BSNL website as ‘Clarifications’ on e-tender portal of Valsad Telecom District, clarification shall be available


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as ‘Addendum’/ ‘corrigendum’, for all the prospective bidders who have downloaded the official copy of tender documents from e-tender portal of Valsad Telecom District

5.2 Any clarification issued by BSNL in response to query raised by prospective bidders shall form an integral part of bid documents and it may amount to an amendment of relevant clauses of the bid documents.

6. AMENDMENT OF BID DOCUMENTS:

6.1 The BSNL may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective Bidder, may modify bid documents by amendments prior to the date of submission of Bids with due notification to prospective Bidders.

6.2 The amendments shall be notified as ‘Corrigendum’ through e-tendering portal to all prospective bidders and these amendments will be binding on them.

6.3 In order to afford prospective bidders reasonable time in which to take the amendments into account in preparing their bids, the BSNL may, at its discretion, extend the deadline for the submission of bids suitably.

7. DOCUMENTS COMPRISING THE BID:

The bid prepared by the bidder shall comprise the following components: (a) Documentary evidence established in accordance with Clause 2 and 10 that the bidder

is eligible to bid and is qualified to perform the contract if his bid is accepted. (b) Bid Security furnished in accordance with Clause 12. (c) A Bid form and price schedule completed in accordance With clause 8&9. 8. BID FORM:

The bidder shall complete the Bid Form and the appropriate Price Schedule furnished in the Bid Documents as per Section 9 Part B.

9. BID PRICES:

9.1 The bidder shall give the total composite price inclusive of all levies and taxes except service tax. GST will be paid extra as applicable. The offer shall be firm in Indian Rupees. No Foreign exchange will be made available by the BSNL.

9.2 Prices shall be quoted by the bidder as percentage below / above / at par the schedule of rates given in schedule of rates (Financial Bid). Prices quoted at any other place shall not be considered. The GST will be paid extra as applicable.

9.3 The price quoted by the bidder shall remain fixed during the entire period of contract and shall not be subject to variation on any account. A bid submitted with an adjustable price quotation will be treated as non-responsive and rejected.

9.4 Discount, if any, offered by the bidders shall not be considered unless they are specifically indicated in the schedule of rates (financial Bid). Bidders desiring to offer discount shall therefore modify their offers suitably while quoting and shall quote clearly net price taking all such factors like Discount, free supply, etc. into account.

10. DOCUMENTS ESTABLISHING BIDDER'S ELIGIBILITY AND QUALIFICATIONS:

10.1 The bidder shall furnish, as part of his bid documents establishing the bidder's eligibility, all the documents or whichever is required as per terms and conditions of bid documents.

(a) Firm Registration Certificate/ Certificate of Incorporation / Shop &

Establishment Certificate / GST Registration.


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(b) Articles of Memorandum of Association or Partnership Deed or Proprietorship Deed as the case may be. In case of proprietorship firms an affidavit of that effect should be submitted along with the bid.

(c) Experience Certificate as mentioned in eligibility criteria (d) Copy of GST Registration

In case, the prospective bidder is presently not covered under the provision of registration for Service Tax, he should submit a notarized affidavit on Rs. 100 stamp paper indicating that he is exempted from GST registration and he will get registered under the provision of GST within one month of as and when applicable under intimation of this office and will submit the copy of registration certificate to this office.

(e) EPF Registration: In case, the prospective bidder is presently not covered under the provision of registration for EPF, he should submit a notarized affidavit on Rs. 100 stamp paper indicating that he is exempted from EPF registration and he will get registered under the provision of EPF within one month of as and when applicable under intimation of this office and will submit the copy of registration certificate to this office.

(f) ESIC Registration Certificate: In case, the prospective bidder is presently not covered under the provision of registration for ESIC, he should submit a notarized affidavit on Rs. 100 stamp paper indicating that he is exempted from ESIC registration and he will get registered under the provision of ESIC within one month of as and when applicable under intimation of this office and will submit the copy of registration certificate to this office.

(g) Latest & valid MSME / NSIC/DIC .(if applicable)

(h) Attested Copy of PAN card

(i) The Bidder shall furnish ITR / Annual Audit Report of last three years with a turnover of Rs. 7.5 Lacs per year (i.e. 2014-15, 2015-16, 2016-17) OR Solvency Certificate for Rs. 2 Lacs from the banker of the tenderer as an evidence that he has the financial capability to perform the contract. The Solvency Certificate shall not be older than the date of issue of NIT.

(j) Copy of Labour License issued by appropriate Labour Authority, duly attested /Undertaking for submission of Labour License within one month from issue of first work order to be uploaded on E-tender website.

Note: - All the above documents should be self-attested and shall be uploaded on e-tender portal along with scanned copy of tender document with each page of the tender document duly sealed and signed by the proprietor/ authorized signatory.

Also, following documents shall be submitted offline in an envelope.

i) DD/ Banker's cheque/ Bank Guarantee for EMD - Bid security (original copy) ii) DD/ Banker's cheque for Tender fee (original copy) iii) Power of Attorney in accordance with clause 14.3 of section 4 Part A and

authorization for executing the power of Attorney. (original copy) iv) Latest and valid MSME / NSIC/ DIC Certificate duly certified by NSIC if


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applicable (self-attested copy) The envelope shall bear the tender number, name of work and the phrase: "Do Not Open Before (due date & time of opening of tender) and should be properly sealed.

11. DOCUMENTS ESTABLISHING GOODS/SERVICES’ CONFORMITY TO BID DOCUMENTS:

11.1 Pursuant to Clause 7, the Bidder shall furnish as part of his bid, documents establishing the conformity of all goods and services which he proposes to supply under the contract. .

11.2 The documentary evidence of the "goods and services" in conformity to the Bid Documents may be in the form of literature, drawings, data and the bidder shall furnish: a. a detailed description of the goods/services with essential technical and

performance characteristics and

b. Clause-by-clause compliance on the BSNL's technical specifications and commercial conditions demonstrating substantial responsiveness to the technical specifications and commercial conditions. In case of deviations, a statement of deviations and exceptions to the provision of the technical specifications and commercial conditions shall be given by the Bidder. A bid without clause-by-clause compliance of technical specifications and commercial conditions and Special conditions shall not be considered.

11.3 For purpose of compliance to be furnished pursuant to clause 11.2(b) above, the Bidder shall note that the standards for workmanship, material and equipment, and reference to brand names or catalogue number designated by the BSNL in its technical specifications are intended to be descriptive only and not restrictive.

12. BID SECURITY/EMD:

12.1 The bidder shall furnish, as part of its bid, a bid security as mentioned in Section-1 (DNIT)

12.2 The MSE bidders are exempted from payment of bid security:

a) A proof regarding valid registration with body specified by Ministry of Micro, Small & Medium Enterprise for the tendered items will have to be attached along with the bid.

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

c) MSE unit is required to submit its monthly delivery schedule. d) 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.

12.3 The bid security is required to protect the BSNL against the risk of bidder's conduct, which would warrant the bid security’s forfeiture, pursuant to para 12.7.

12.4 A bid not secured in accordance with para 12.1 & 12.2 shall be rejected by the BSNL being non-responsive at the bid opening stage and archived unopened on e-tender portal for e-tenders.

12.5 The bid security of the unsuccessful bidder will be discharged/returned as promptly as possible as but not later than 30 days after the expiry of the period of bid validity prescribed by the BSNL, pursuant to clause 13.

12.6 The successful bidder's bid security will be discharged upon the bidder's acceptance of the advance Work Order satisfactorily pursuant to clause 27 and furnishing the performance security.

12.7 The bid security may be forfeited:


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(a) If the bidder withdraws or amends its bid or impairs or derogates from the bid in any respect during the period of bid validity specified by the bidder in the bid form or extended subsequently; or

(b) If the bidder does not accept the APO/ AWO and/ or does not submit PBG & sign the

contract/ agreement in accordance with clause 28. Note: - The bidder shall mean individual company/ firm or the front bidder and its

technology/ consortium partner, as applicable. 13. PERIOD OF VALIDITY OF BIDS:

13.1 Bid shall remain valid for 150 days from the date of bid opening prescribed by the BSNL. A bid valid for a shorter period shall be rejected by the BSNL as non-responsive.

13.2 In exceptional circumstances, the BSNL may request the bidder's consent for an extension to the period of bid validity. The request and the responses thereto shall be made in writing. The bid security provided under Clause 12 shall also be suitably extended. A bidder may refuse the request without forfeiting his bid security. A bidder accepting the request and granting extension will not be permitted to modify his bid.

14. FORMAT AND SIGNING OF BID:

14.1 The bidder shall submit his bid, online (in case of e-tendering) & through sealed envelopes physically (in case of tenders with manual bidding process), complying all eligibility conditions, other terms and conditions of tender document to be read along with the clarifications and amendments issued in this respect. All the documents must be authenticated, using Digital Signature (DSC) with Class 3 (in case of e-tendering) & by hand signatures (for manual bidding process), by the authorized person. The letter of authorization shall be indicated by written power-of-attorney accompanying the bid.

Note: - The Purchaser may ask the bidder(s) to supply, besides original bid, additional copy of bids as required by him.

14.2 The bid shall contain no interlineations, erasures or overwriting except as necessary to correct errors made by the bidder in which case such corrections shall be signed by the person or persons signing the bid. All pages of the original bid, except for un-amended printed literatures, shall be digitally signed by the person or persons signing the bid.

14.3 Power of Attorney (a) 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 by the Board of Directors of the bidder in this regard, 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, mobile number, email address and postal address of the authorized signatory shall be provided.

(e) Individual signing the tenders or other documents connected with the contract shall indicate the full name below the signature and must specify the capacity and authority under which he signs such documents and shall also submit documentary evidence of his authority in the form of Power of Attorney.

(f) The Power of Attorney is to be submitted in original, if it has been issued for the specific tender enquiry. If the power of attorney is issued in general irrespective of tender enquiry then photocopy duly certified by notary public can also be accepted.

(g) In case the representative of bidder company, who uploads the document on e-tender portal using his Digital Signature Certificates (DSC), which is different from the authorized signatory for the bid (Power of Attorney holder) then the representative who


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uploads the documents on e-tender portal using DSC issued in his name, shall also be one of the Power of Attorney holder by the bidder Company, in addition to the authorized signatory for the bid

15. SEALING AND MARKING OF BIDS:

The bid shall be submitted online using Two Envelope Methodology. 15.1 The first envelope (Techno-commercial bid): This envelope shall contain documents of

bidders satisfying the eligibility / Technical & commercial conditions requirements. Second envelope will be named as financial bid containing price Schedule as per section 9 Part B. All documents submitted will also be self-attested by the bidder.

. 15.2 a) The envelopes for Tender Fee / EMD shall be addressed AGM (Plg), O/o. GMTD, 2nd

Floor, New telephone Exchange, Halar Road , valsad. b) The envelope for Tender Fee / EMD shall bear the name of the tender, the tender number and the words 'DO NOT OPEN BEFORE' (due date & time).

c) The envelopes for Tender Fee / EMD shall indicate the name and complete postal address of the bidder to enable the User to return the bid unopened in case it is declared to be received 'late'.

d) The envelopes for Tender Fee / EMD shall should be deposited in the tender box provided by tendering authority or sent by registered post or delivered in person on above mentioned address (address is given above). The responsibility for ensuring that the envelopes for Tender Fee / EMD shall are delivered in time would vest with the bidder.

e) The envelopes for Tender Fee / EMD shall delivered in person/ registered post on the day of tender opening shall be delivered upto specified time & date as stated in NIT to A.G.M. (Plg), O/o. GMTD. 2nd Floor, New Telephone Exchange, Halar Road, Valsad.. The User shall not be responsible if the envelopes for Tender Fee / EMD shall are delivered elsewhere. f) Venue of Tender Opening: Tender will be opened at, Conference Hal, O/o. GMTD 2nd Floor New Telephone Exchange, Halar Road, Valsad. At specified time & date as stated in NIT. If due to administrative reason, the venue of Bid opening is changed, it will be displayed prominently on the above address.

15.3 If envelopes are not sealed and marked as required at para 15.1 and 15.2, the bid shall be rejected.

16. SUBMISSION OF BIDS:

16.1 Bids must be submitted by the bidders on or before the specified date & time indicated in Section-1 i.e. NIT

16.2 The BSNL may, at its discretion extend this deadline for the submission of the bids by amending the bid documents in accordance with Clause 6 in which case all rights and obligations of the BSNL and bidders previously subject to the deadline will thereafter be subject to the deadline as extended.

16.3 The bidder shall submit his bid offer against a set of bid documents purchased by him for all or some system/services / equipment as per requirement of the Bid Documents He may include alternate offer, if permissible as per the bid. However not more than one independent and complete offer shall be permitted from the bidder.


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16.4 Bid must be submitted by the bidder through E-Tendering mode only. Manual submission of bid shall not be needed.

17. LATE BIDS:

No bid shall be accepted either online by E-Tender Portal or physically in case of manual bidding process after the specified deadline for submission of bids prescribed by the purchaser.

18. MODIFICATION AND WITHDRAWAL OF BIDS:

18.1 The bidder may modify, revise or withdraw his bid after submission, prior to deadline prescribed for submission of bid. If a bid is withdrawn, the same shall be archived unopened in the e-tender portal of Valsad Telecom District.

. 18.2 The bidder’s modification, revision or withdrawal shall have to be online and digitally

authenticated as per clause 15.

18.3 Subject to clause 20, no bid shall be modified subsequent to the deadline for submission of bids.

19. OPENING OF BIDS BY BSNL:

19.1 The purchaser shall open bids online in the presence of bidders or their authorized representatives who chose to attend, at time specified in Clause 7 of Detailed NIT (Section-1) on due date. The bidder’s representatives, who are present, shall sign in an attendance register. Authority letter to this effect shall be submitted by the bidders before they are allowed to participate in bid opening (As per Format given in section 7(c)).

19.2 A maximum of two representatives for any bidder shall be authorized and permitted to

attend the bid opening. 19.3 (i) The bids will be opened in two stages i.e. techno-commercial bid shall be opened on

the date of tender opening given in NIT. The financial bid will not be opened on the date of opening of techno commercial bids.

The financial bids of those bidders who are approved to be techno commercially compliant by the competent authority, will be opened by TOC in front of techno-commercially eligible bidders/ authorized representatives by sending them a suitable notice.

(ii) The bidder’s names, Item name, EMD amount & validity and acceptability, Information in respect of eligible bidders, Details of bid modification/ withdrawal (if any), and such other details as the purchaser, at its discretion, may consider appropriate will be made available online at the time of techno-commercial bid opening.

(iii) The bidder’s names, Name of the Items, Quantities/prices quoted in the bid, discount, if offered, Taxes & levies and such other details as the purchaser, at its discretion, may consider appropriate will be made available online at the time of financial bid opening.

19.4 The date fixed for opening of bids, if subsequently declared as holiday by the BSNL, the revised date of schedule will be notified. However, in absence of such notification, the bids will be opened in the next working day, time and venue remaining unaltered.

20. CLARIFICATION OF BIDS:

20.1 To assist in the examination, evaluation and comparison of bids, the purchaser may, at its discretion ask the bidder for the clarification of its bid. The request for the clarification


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and the response shall be in writing. However, no post bid clarification at the initiative of the bidder shall be entertained.

20.2 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. The BSNL at its discretion may also ask for the submission of any additional/missing document(s) within a stipulated time period. In such case(s) the bidder shall have to comply the BSNL’s requirement within the specified time. In case of non-compliance to such queries, the bid will be out rightly rejected without entertaining further correspondence in this regard”. However, no post bid clarification at the initiative of the bidder shall be entertained.

21. PRELIMINARY EVALUATION:

21.1 BSNL shall evaluate the bids to determine whether they are complete, whether any computational errors have been made, whether required sureties have been furnished, whether the documents have been properly signed and whether the bids are generally in order.

21.2 Arithmetical errors shall be rectified on the following basis. If there is a discrepancy between the unit price and total price that is obtained by multiplying the unit price and quantity, the unit price shall prevail and the total price shall be corrected by the BSNL.

21.3 If there is a discrepancy between words and figures, the amount in words shall prevail. If the Supplier/Bidder does not accept the correction of the errors, his bid shall be rejected.

21.4 Prior to the detailed evaluation, pursuant to clause 22, the BSNL will determine the substantial responsiveness of each bid to the Bid documents. For purposes of these clauses, a substantially responsive bid is one which conforms, to all the terms and conditions of the Bid Documents without material deviations. The BSNL's determination of bid's responsiveness is to be based on the contents of the bid itself without recourse to extrinsic evidence.

21.5 A bid determined as substantially non-responsive will be rejected by the BSNL and shall not subsequent to the bid opening be made responsive by the bidder by correction of the non-conformity.

21.6 The BSNL may waive any minor infirmity or non-conformity or irregularity in a bid which does not constitute a material deviation, provided such waiver does not prejudice or affect the relative ranking of any bidder.

22. EVALUATION AND COMPARISON OF SUBSTANTIALLY RESPONSIVE BIDS

The BSNL shall evaluate in detail and compare the bids previously determined to be substantially responsive pursuant to clause 21. The evaluation and comparison of responsive bids shall be on the percentage deviation (above/below/at par) offered and indicated in schedule of rates of the bid documents. All items in the SOR should be quoted for full quantity. Bidders who do not quote all the items and for quantities mentioned in the SOR will be summarily rejected 23. CONTACTING THE BSNL:

23.1 Subject to Clause 20, no bidder shall try to influence the BSNL on any matter relating to its bid, from the time of the bid opening till the time the contract is awarded.

23.2 Any effort by a bidder to influence the BSNL in the BSNL's bid evaluation, bid comparison or contract award decisions shall result in the rejection of the bid.

24. PLACEMENT OF ORDER: 24.1 The BSNL shall consider placement of orders to execute the contract on those bidders whose

offers have been found technically, commercially and financially acceptable. The BSNL


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reserves the right to counter offer price(s) against price(s) quoted by any bidder. Only one bidder (L 1) shall be awarded the 100 % of the total work, excluding the work reserved for the Education al order if any, at the approved rate of L1

Maximum 10% of total quantity of estimated work is intended to be allotted to educational bidder.

Educational Bidder: - For applying under this category, inexperienced bidder has to submit bid security of Rs. 10,000/-. They need not quote any rate. They have to work on approved rate of L1 bidder. For educational order, bidder has to apply separately in proforma at section 10.

24.2 The work against the tender is for one year’s requirement and the terms and conditions of

this tender shall be operative for a period of one year from the date of signing of agreement between the BSNL and the Contractor. The GMTD, Valsad reserves the right to extend the contract on same terms & conditions for further period of one year or part thereof. The contract can be terminated at any time without assigning any reason and without notice.

25. BSNL'S RIGHT TO VARY QUANTITIES AT TIME OF AWARD:

(a) BSNL reserves the right to increase or decrease up to 25% of the quantity of goods and services specified in the schedule of requirements without any change in the unit price or other terms and conditions at the time of award of contract.

26. BSNL'S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS:

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

27. ISSUE OF LETTER OF INTENT:

27.1 The issue of an Advance Work Order (Letter of Intent) shall constitute the intention of BSNL to enter into the contract with the bidder.

27.2 The bidder shall within 14 days of issue of an advance work order, give his acceptance along with performance security in conformity with section 7(B) provided with the bid documents.

28. SIGNING OF CONTRACT:

28.1 The issue of FAT shall constitute the award of contract on the bidder. 28.2 Upon the successful bidder furnishing of performance security pursuant to clause 27,

the BSNL shall discharge its bid security, pursuant to clause 12. 29. ANNULMENT OF AWARD:

Failure of the successful bidder to comply with the requirement of Clause 27 & 28 shall constitute sufficient ground for the annulment of the award and forfeiture of the bid security in which event the BSNL may make the award to any other bidder at the discretion of BSNL or call for new bids.

30. N/A 31. REJECTION OF BIDS

31.1 While all the conditions specified in the Bid documents are critical and are to be complied, special attention of bidder is invited to the following clauses of the bid documents. Non-compliance of any one of which shall result in outright rejection of the bid.

(i) Clause 15 of Section 4 Part A: The bids will be recorded/returned unopened if covers are

not properly sealed with ‘PERSONAL SEAL’ of the bidder.


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(ii) Clause 12.1, 12.2& 13.1 of Section 4 Part A: The bids will be rejected at opening stage if Bid security is not submitted as per Clauses 12.1 & 12.2 and bid validity is less than the period prescribed in Clause 13.1 mentioned above.

(iii) Clause 2 & 10 of Section 4 Part A: If the eligibility condition as per clause 2 of Section 4

Part A is not met and/or documents prescribed to establish the eligibility as per Clause 10 of section 4 Part A are not enclosed, the bids will be rejected without further evaluation.

(iv) Clause 11.2 (C) of section 4 Part A: If clause-by clause compliance and deviation

statements as prescribed are not given, the bid will be rejected at the stage of primary evaluation. In case of no deviations, a statement to the effect must be given.

(v) Section 5 Part A Commercial conditions, Section 5 Part B Special Conditions of Contract:

Compliance if given using ambiguous words like “Noted”, “Understood”, “Noted & Understood” shall not be accepted as complied. Mere “Complied” will also be not sufficient, reference to the enclosed documents showing compliances must be given.

(vi) Section9 Part B Price Schedule: Prices are not filled in as prescribed in price schedule. (vii) Section 4 Part A clause 9.4 on discount which is reproduced below: “Discount, if any offered by the bidder shall not be considered unless specifically indicated

in the price schedule. Bidders desiring to offer discount shall therefore modify their offer suitably while quoting and shall quote clearly net price taking all such factors like discount, free supply etc. into account.”

31.2 Before outright rejection of the Bid by Bid-opening team for non-compliance of any of the

provisions mentioned in clause 31.1(i), 31.1(ii) , the bidder company is given opportunity to explain their position, however if the person representing the company is not satisfied with the decision of the Bid opening team, he/they can submit the representation to the Bid opening team immediately but in no case after closing of the tender process with full justification quoting specifically the violation of tender condition if any.

31.3 Bid opening team will not return the bids submitted by the bidders on the date of tender

opening even if it is liable for rejection and will preserve the bids in sealed cover as submitted by taking the signatures of some of the desirous representatives of the participating bidder/companies present on the occasion.

31.4 The in-charge of Bid opening team will mention the number of bids with the name of the

company found unsuitable for further processing on the date of tender opening and number of representations received in Bid opening Minutes and if Bid opening team is satisfied with the argument of the bidder/company mentioned in their representation and feel that there is prima-facie fact for consideration, the in-charge of the bid opening team will submit the case for review to Officer competent to approve the tender as early as possible preferably on next working day and decision to this effect should be communicated to the bidder company within a week positively. Bids found liable for rejection and kept preserved on the date of tender opening will be returned to the bidders after issue of P.O. against the instant tender.

31.5 If the reviewing officer finds it fit to open the bid of the petitioner, this should be done

by giving three (working) days’ notice to all the participating bidders to give opportunity to participants desirous to be present on the occasion.

32 ACTION BY PURCHASER AGAINST BIDDER(S)/ VENDOR(S) IN CASE OF DEFAULT. In case of default by Bidder(s)/ Vendor(s) such as

a) Does not supply the equipment / services in time;


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b) Equipment / Services does not perform satisfactory in the field in accordance with the specifications;

c) Or any other default whose complete list is enclosed in Appendix-1. Purchaser will take action as specified in Appendix-1 of this section.

33: N/A 34. NEAR-RELATIONSHIP CERTIFICATE

34.1. The bidder should give a certificate that none of his/ her near relative, as defined below, is working in the units where he is going to apply for the tender. In case of proprietorship firm certificate will be given by the proprietor. For partnership firm certificate will be given by all the partners and in case of limited company by all the Directors of the company excluding Government of India/ Financial institution nominees and independent non-Official part time Directors appointed by Govt. of India or the Governor of the state and full time Directors of PSUs both state and central. Due to any breach of these conditions by the company or firm or any other person the tender will be cancelled and Bid Security will be forfeited at any stage whenever it is noticed and BSNL will not pay any damage to the company or firm or the concerned person.

34.2. The Company or firm or the person will also be debarred for further participation in the concerned unit.

34.3 The near relatives for this purpose are defined as:- (a) Members of a Hindu undivided family. (b) They are husband and wife. (c) The one is related to the other in the manner as father, mother, son(s) & Son's wife

(daughter in law), Daughter(s) and daughter's husband (son in law), brother(s) and brother's wife, sister(s) and sister's husband (brother in law).

34.4. The format of the certificate is given in Section-6 (B).

35. VERIFICATION OF DOCUMENTS AND CERTIFICATES

The bidder will ensure that all the documents and certificates, including experience/ performance and self-certificates submitted by him are correct and genuine before enclosing them in the bid. The onus of proving genuineness of the submitted documents would rest with the bidder. If any document/ paper/ certificate submitted by the participant bidder is found / discovered to be false / fabricated / tempered / manipulated either during bid evaluation or during award of contract or thereafter, then the Purchaser will take action as per Clause-1 of Appendix-1 of this section.


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Appendix-1 to Section – 4(Part-A)

S. No.

Defaults of the bidder / vendor. Action to be taken

A B C

1(a) Submitting fake / forged

i) Rejection of tender bid of respective Vendor. ii) Banning of business for 3 years which implies barring further dealing with the vendor for procurement of Goods & Services including participation in future tenders invited by BSNL for 3 years from date of issue of banning order. iii) Termination/ Short Closure of PO/WO, if issued. This implies non-acceptance of further supplies / work & services except to make the already received material work/ complete work in hand.

a) Bank Instruments with the bid to meet terms & condition of tender in respect of tender fee and/ or EMD; b) Certificate for claiming exemption in respect of tender fee and/ or EMD; c) And detection of default at any stage from receipt of bids till award of APO/ issue of PO/WO.

Note 1:- However, in this case the performance guarantee if alright will not be forfeited.

Note 2:- Payment for already received supplies/ completed work shall be made as per terms & conditions of PO/ WO.

1(b)

Submitting fake / forged documents towards meeting eligibility criteria such as experience capability, supply proof, registration with GST, Income Tax departments etc and as supporting documents towards other terms & conditions with the bid to meet terms & condition of tender :

(i) If detection of default is prior to award of APO

i) Rejection of Bid & ii) Forfeiture of EMD.

(ii) If detection of default after issue of APO but before receipt of PG/ SD (DD, BG etc.)

i) Cancellation of APO, ii) Rejection of Bid & iii) Forfeiture of EMD.

(iii) If detection of default after receipt of PG/ SD (DD, BG etc.).

i) Cancellation of APO ii) Rejection of Bid & iii) Forfeiture of PG/ SD. However on realization of PG/ SD amount, EMD, if not already released shall be returned.

(iv) If detection of default after issue of PO/ WO

i) Termination/ Short Closure of PO/WO and Cancellation of APO ii) Rejection of Bid & iii) Forfeiture of PG/ SD. However on realization of PG/ SD amount, EMD, if not released shall be returned.

Note 3:- However, settle bills for the material received in correct quantity and quality if pending items do not affect working or use of supplied items.

Note 4:- No further supplies are to be accepted except that required to make the already supplied items work.


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S. No.


A B C

2 If vendor or his representative uses violent/ coercive means viz. Physical / Verbal means to threatens BSNL Executive / employees and/ or obstruct him from functioning in discharge of his duties & responsibilities for the following :

Banning of business for 3 years which implies Barring further dealing with the vendor for procurement of Goods & Services including participation in future tenders invited by BSNL for 3 years from date of issue of banning order.

a) Obstructing functioning of tender opening executives of BSNL in receipt/ opening of tender bids from prospective Bidders, suppliers/ Contractors.

b) Obstructing/ Threatening other prospective bidders i.e. suppliers/ Contractors from entering the tender venue and/ or submitting their tender bid freely.

3 Non-receipt of acceptance of APO/ AWO and SD/ PG by L-1 bidder within time period specified in APO/ AWO.

Forfeiture of EMD.

4.1 Failure to supply and/ or Commission the equipment and /or execution of the work at all even in extended delivery schedules, if granted against PO/ WO.

i) Termination of PO/ WO. ii) Under take purchase/ work at the risk & cost of defaulting vendor. iii) Recover the excess charges if incurred from the PG/ SD and outstanding bills of the defaulting Vendor.

4.2 Failure to supply and/ or Commission the equipment and /or execution of the Work in full even in extended delivery schedules, if granted against PO/ WO.

i) Short Closure of PO/ WO to the quantity already received by and/ or commissioned in BSNL and/ or in pipeline provided the same is usable and/or the Vendor promises to make it usable. ii) Under take purchase/ work for balance quantity at the risk & cost of defaulting vendor. iii) Recover the excess charges if incurred from the PG/ SD and outstanding bills of the defaulting Vendor.


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S. No.


A B C

5.1 The supplied equipment does not perform satisfactory in the field in accordance with the specifications mentioned in the PO/ WO/Contract.

i) If the material is not at all acceptable, then return the non-acceptable material (or its part) & recover its cost, if paid, from the o/s bills/ PG/ SD. OR ii) If the material is inducted in network & it is not possible to return it and/ or material is acceptable with degraded performance, the purchaser may determine the price for degraded equipment (Financial penalty = Price – price determined for degraded equipment) himself and/ or through a committee. Undertake recovery of financial penalty from outstanding dues of vendor including PG/ SD.

5.2 Major quality problems (as established by a joint team / committee of User unit(s) and QA Circle) / performance problems and non-rectification of defects (based on reports of field units and QA circle).

i) If the material is not at all acceptable, then return the non-acceptable material (or its part) & recover its cost, if paid, from the o/s bills/ PG/ SD; OR ii) If the material is inducted in network & it is not possible to return it and/ or material is acceptable with degraded performance, the purchaser may determine the price for degraded equipment (Financial penalty = Price – price determined for degraded equipment) himself and/ or through a committee. Undertake recovery of financial penalty from outstanding dues of vendor including PG/ SD; and iii) Withdrawal of TSEC/ IA issued by QA Circle.

6

Submission of claims to BSNL against a contract

i) Recovery of over payment from the outstanding dues of Vendor including EMD/ PG & SD etc. and by invoking ‘Set off’ clause 21 of Section 5 (A)or by any other legal tenable manner. ii) Banning of Business for 3 years from date of issue of banning order or till the date of recovery of over payment in full, whichever is later.

(a) For amount already paid by BSNL.

(b) For Quantity in excess of that supplied by Vendor to BSNL.

c) For unit rate and/ or amount higher than that approved by BSNL for that purchase. Note 5:- The claims may be submitted with or without collusion of BSNL Executive/

employees. Note 6:- This penalty will be imposed irrespective of the fact that payment is

disbursed by BSNL or not.


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S. No.


A B C

7

Network Security/ Safety/ Privacy:- If the vendor tampers with the hardware, software/ firmware or in any other way that

i) Termination of PO/ WO. ii) Banning of business for 3 years which implies barring further dealing with the vendor for procurement of Goods & Services including participation in future tenders invited by BSNL for 3 years from date of issue of banning order. iii) Recovery of any loss incurred on this account from the Vendor from its PG/ SD/ O/s bills etc. iv) Legal action will be initiated by BSNL against the Vendor if required.

a) Adversely affects the normal working of BSNL equipment(s) and/ or any other TSP through BSNL.

b) Disrupts/ Sabotages functioning of the BSNL network equipments such as exchanges, BTS, BSC/ MSC, Control equipment including IN etc., transmission equipments but not limited to these elements and/ or any other TSP through BSNL.

c) Tampers with the billing related data/ invoicing/ account of the Customer/ User(s) of BSNL and/ or any other TSP(s).

d) hacks the account of BSNL Customer for unauthorized use i.e. to threaten others/ spread improper news etc.

e) Undertakes any action that affects/ endangers the security of India.

8

If the vendor is declared bankrupt or insolvent or its financial position has become unsound and in case of a limited company, if it is wound up or it is liquidated.

i) Termination/ Short Closure of the PO/ WO. ii) Settle bills for the quantity received in correct quantity and quality if pending items do not affect working or use of supplied items. iii) No further supplies are to be accepted except that required to make the already supplied items work. iv) In case of turnkey projects, If the material is commissioned and is usable without any degradation of performance, then settle bills for the acceptable equipment/ material (or its part). v) In case of turnkey projects, if the material is inducted in network & it is not possible to return it and/ or material is acceptable with degraded performance, the purchaser may determine the price for degraded equipment (Financial penalty = Price – price determined for degraded equipment) himself and/ or through a committee. Undertake recovery of financial penalty from outstanding dues of vendor including PG/ SD.


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S. No.


A B C

9 In the event of the vendor, its proprietor, Director(s), partner(s) is / are convicted by a Court of Law following prosecution for offences involving moral turpitude in relation to the business dealings.

i) Termination/Short Closure of the PO/ WO. ii) Settle bills for the material received in correct quantity and quality if pending items do not affect working or use of supplied items. iii) No further supplies are to be accepted except that required to make the already supplied items work. iv) In case of turnkey projects, If the material is commissioned and is usable without any degradation of performance, then settle bills for the acceptable equipment/ material (or its part). v) In case of turnkey projects, If the material is inducted in network & it is not possible to return it and/ or material is acceptable with degraded performance, the purchaser may determine the price for degraded equipment (Financial penalty = Price – price determined for degraded equipment) himself and/ or through a committee. Undertake recovery of financial penalty from outstanding dues of vendor including PG/ SD.

10

If the vendor does not return/ refuses to return BSNL’s dues:

i) Take action to appoint Arbitrator to adjudicate the dispute.

a) Inspite of order of Arbitrator. i) Termination of contract, if any. ii) Banning of business for 3 years which implies barring further dealing with the vendor for procurement of Goods & Services including participation in future tenders invited by BSNL from date of issue of banning order or till the date by which vendor clears the BSNL’s dues, whichever is later. iii) Take legal recourse i.e. filing recovery suite in appropriate court.

b) Inspite of Court Orders. i) Termination of contract, if any. ii) Banning of business for 3 years which implies barring further dealing with the vendor for procurement of Goods & Services including participation in future tenders invited by BSNL from date of issue of banning order or till the date by which vendor clears the BSNL’s dues, whichever is later.


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S. No.


A B C

11 If the Central Bureau of Investigation/ Independent External Monitor (IEM) / Income Tax/ Sales Tax/ Excise / Custom Departments recommends such a course

Take Action as per the directions of CBI or concerned department.

12

The following cases may also be considered for Banning of business:

i) Banning of business for 3 years which implies Barring further dealing with the vendor for procurement of Goods & Services including participation in future tenders invited by BSNL for 3 years from date of issue of banning order.

(a) If there is strong justification for believing that the proprietor, manager, MD, Director, partner, employee or representative of the vendor/ supplier has been guilty of malpractices such as bribery, corruption, fraud, substitution of tenders, interpolation, misrepresentation with respect to the contract in question. (b) If the vendor/ supplier fails to execute a contract or fails to execute it satisfactorily beyond the provisions of Para 4.1 & 4.2.

(c) If the vendor/ supplier fails to submit required documents/ information, where required.

(d) Any other ground which in the opinion of BSNL is just and proper to order for banning of business dealing with a vendor/ supplier.

Note 7: The above penalties will be imposed provided it does not clash with the provision of the respective tender.

Note 8:-In case of clash between these guidelines & provision of invited tender, the provision in the respective tender shall prevail over these guidelines.


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SECTION- 4 (Part-B)

E-TENDERING INSTRUCTIONS TO BIDDERS

These Special Instructions for e-Tendering supplement ‘General instructions to Bidders’, as

enclosed in Section IV-A of this E-Tender Document. Wherever there is a conflict, the provisions

herein shall prevail over those in other pages of this document.

Submission of Bids only through online process is mandatory for this Tender.

For conducting electronic tendering, BSNL Valsad is using the portal

(http://www.tenderwizard.com/BSNL) of M/s ITI Ltd, (A Government of India Undertaking).

A: - Submission of tender

1. The bidding process will be accepted only through e-tendering platform.

2. Availability of e-tendering document: e-tender document can be obtained by downloading it

from the website: www.tenderwizard.com. The physical copy of the Tender document

would not be available for sale.

3. The Tender document shall not be available for download on its submission /

closing date.

B: - General

1. Tender Bidding Methodology:

Bid System –“Single Stage using two envelops”.

In this case of two envelope system, Financial & Techno-commercial bids shall be submitted

by the bidder at the same time.

2. Broad outline of activities from Bidders prospective:

1. Procure a Digital Signing Certificate (DSC)

2. Register on Electronic Tendering System® (ETS)

3. Create Users and assign roles on ETS

4. View Notice Inviting Tender (NIT) on ETS

5. Download Official Copy of Tender Documents from ETS

6. Clarification to Tender Documents on ETS

Query to BSNL (Optional)

View response to queries posted by BSNL, as addenda.

7. Bid-Submission on ETS

8. Attend Public Online Tender Opening Event (TOE) on ETS Opening of Techno-

commercial Part

9. View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond to BSNL’s Post-

TOE queries

10. Attend Public Online Tender Opening Event (TOE) on ETS Opening of Financial-Part

(Only for Technical Responsive Bidders)

http://www.tenderwizard.com/BSNL)

http://www./


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For participating in this tender online, the following instructions need to be read

carefully. These instructions are supplemented with more detailed guidelines on the

relevant screens of the ETS.

3. Digital Certificates

For integrity of data and its authenticity/ non-repudiation of electronic records, and be

compliant with IT Act 2000, it is necessary for each user to have a Digital Certificate (DC).

also referred to as Digital Signature Certificate (DSC), of Class 2 or above, issued by a

Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer

http://www.cca.gov.in].

4. Registration

To use the Electronic Tender® portal (http://www.tenderwizard.com/BSNL), vendor

needs to register on the portal. Registration of each organization is to be done by one of its

senior persons who will be the main person coordinating for the e-tendering activities. In

ETS terminology, this person will be referred to as the Super User (SU) of that organization.

For further details, please visit the website/portal and follow further instructions as given

on the site.

You may also contact tenderwizard Helpdesk (as given below), to get your registration

accepted/activated.

Tenderwizard Helpdesk

Telephone 011-49424365, 080-40482000 [between 9:30 hrs to

18:00 hrs on working days]

Name / Mobile Nos. Brijesh / 9408165978

E-mail ID [email protected], [email protected]

BSNL Contact-1

BSNL’s Contact Person AGM NW-PLG Valsad

Telephone/ Mobile (02632-253282)

[between 10:30 hrs to 17:30 hrs on working days]

E-mail ID [email protected]

BSNL Contact-2

BSNL’s Contact Person SDE NW-PLG Valsad

Telephone/ Mobile (02632-246500)

[between 10:30 hrs to 17:30 hrs on working days]

E-mail ID [email protected]

5. Bid related Information for this Tender (Digitally Sealed Bid)

The entire bid-submission would be online on ETS.

Broad outline of submissions are as follows:

Submission of digitally signed copy of Tender Documents/Addendum/addenda

Two Envelopes

Techno-commercial -Part

Financial-Part

Note:-

http://www.cca.gov.in/

http://www.tenderwizard.com/BSNL)

mailto:[email protected]

mailto:[email protected]


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i) If some document is not applicable for the bidder then he has to upload scanned

copy of paper mentioning “The document <Name> called vide clause ………………….

is not applicable on us.”

ii) If document asked for, contains more than one page then all those pages may be

uploaded in one PDF format file.

iii) Please take care to scan documents such that the total size of documents to be

uploaded remains minimum. However it shall be sole responsibility of bidder that the

uploaded documents remain eligible.

6. Offline Submissions (PVC/WAX SEALED):

The bidder is requested to submit the following documents offline to AGM (NW-PLG),

BSNL, 2nd Floor, New Telephone Exchange Building, Halar Road, Valsad – 396001 on or

before the date & time of submission of bids specified in covering letter of this tender

document, in a Sealed (PVC/WAX) Envelope. The envelope shall bear (name of the

tender), the tender number and the words ‘DO NOT OPEN BEFORE’ (due date & time).

1. EMD-Bid Security in Original.

2. DD/ Bankers cheque against payment of tender fee.

3. Power of attorney (if applicable).

Note: The bidder has to upload the Scanned copy of all above said documents during online Bid

submission also.

7. Special Note on Security of Bids

Security related functionality has been rigorously implemented in ETS in a multi-

dimensional manner. Starting with 'Acceptance of Registration by the Service Provider',

provision for security has been made at various stages in Electronic Tender’s software.

Security related aspects as regard Bid Submission are outlined below:

As part of the Electronic Encrypter™ functionality, the contents of both the ‘Electronic

Forms’ and the ‘Main-Bid’ are securely encrypted using a Pass-Phrase created by the

Bidder himself. Unlike a ‘password’, a Pass-Phrase can be a multi-word sentence with

spaces between words (e.g. I love this World). A Pass-Phrase is easier to remember, and

more difficult to break. It is recommended that a separate Pass-Phrase be created for

each Bid-Part. This method of bid-encryption does not have the security and data-

integrity related vulnerabilities which are inherent in e-tendering systems which use

Public-Key of the specified officer of a Buyer organization for bid-encryption. Bid-

encryption in ETS is such that the Bids cannot be decrypted before the Public Online

Tender Opening Event (TOE), even if there is connivance between the concerned tender-

opening officers of the Buyer organization and the personnel of e-tendering service

provider.

Typically, ‘Pass-Phrase’ of the Bid-Part to be opened during a particular Public Online

Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself,

when demanded by the concerned Tender Opening Officers who will open the bid. Else

Tender Opening Officer may authorize the bidder to open his bid himself.


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There is an additional protection with SSL Encryption during transit from the client-end

computer of a Supplier organization to the e-tendering server/ portal.

8. Public Online Tender Opening Event (TOE)

ETS offers a unique facility for ‘Public Online Tender Opening Event (TOE)’. Tender

Opening Officers as well as authorized representatives of bidders can attend the Public

Online Tender Opening Event (TOE) from the comfort of their offices. For this purpose,

representatives of bidders (i.e. Supplier organization) dully authorized are requested to

carry a Laptop and Wireless Connectivity to Internet.

Every legal requirement for a transparent and secure ‘Public Online Tender Opening

Event (TOE)’ has been implemented on ETS. As soon as a Bid is decrypted with the

corresponding ‘Pass-Phrase’ as submitted online by the bidder himself (during the TOE

itself), salient points of the Bids are simultaneously made available for downloading by

all participating bidders. The work of taking notes during a manual ‘Tender Opening

Event’ is therefore replaced with this superior and convenient form of ‘Public Online

Tender Opening Event (TOE)’.

ETS has a unique facility of ‘Online Comparison Chart’ which is dynamically updated as

each online bid is opened. The format of the chart is based on inputs provided by the

Buyer for each Tender. The information in the Comparison Chart is based on the data

submitted by the Bidders in electronic forms. A detailed Technical and/ or Financial

Comparison Chart enhances Transparency. Detailed instructions are given on relevant

screens.

ETS has a unique facility of a detailed report titled ‘Minutes of Online Tender Opening

Event (TOE)’ covering all important activities of ‘Online Tender Opening Event (TOE)’.

This is available to all participating bidders for ‘Viewing/ Downloading’.

There are many more facilities and features on ETS. For a particular tender, the screens

viewed by a Supplier will depend upon the options selected by the concerned Buyer.

NOTE: In case of internet related problem at a bidder’s end, especially during ‘critical events’

such as – a short period before bid-submission deadline, during online public tender

opening event, etc. it is the bidder’s responsibility to have backup internet connections.

In case there is a problem at the e-tender service-provider’s end (in the server, leased

line, etc) due to which all the bidders face a problem during critical events, and this is

brought to the notice of BSNL by the bidders in time, then BSNL will promptly re-

schedule the affected event(s).

9. Deleted.

10. Other Instructions

For further instructions, the vendor should visit the home-page of the portal

(http://www.tenderwizard.com), and go to the User-Guidance Center

The help information provided through ‘ETS User-Guidance Center’ is available in three

categories – Users intending to Register / First-Time Users, Logged-in users of Buyer

organizations, and Logged-in users of Supplier organizations. Various links are provided

under each of the three categories.

Note: It is strongly recommended that all authorized users of Supplier organizations

http://www.tenderwizard.com/


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should thoroughly peruse the information provided under the relevant links, and take

appropriate action. This will prevent hiccups, and minimize teething problems during the

use of ETS.

The following ‘FOUR KEY INSTRUCTIONS for BIDDERS’ must be assiduously adhered to:

1. Obtain individual Digital Signing Certificate (DSC or DC) well in advance of your first

tender submission deadline on ETS.

2. Register your organization on ETS well in advance of your first tender submission

deadline on ETS

3. Get your organization’s concerned executives trained on ETS well in advance of

your first tender submission deadline on ETS

4. Submit your bids well in advance of tender submission deadline on ETS as there

could be last minute problems due to internet timeout, breakdown, etc.

While the first three instructions mentioned above are especially relevant to first-

time users of ETS, the fourth instruction is relevant at all times.

11. Minimum Requirements at Bidders end

Computer System with good configuration

Internet connectivity.

Digital Certificate(s) for users.


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SECTION –5 (Part-A)

GENERAL (COMMERCIAL) CONDITIONS OF CONTRACT (GCC)

1. APPLICATION

The General Conditions shall apply to contracts by the BSNL for the Services rendered by the bidder.

2. STANDARDS

The Goods/Services supplied under this contract shall conform to Specifications of Works.

3. PATENT RIGHTS

The Supplier shall indemnify the BSNL against all third-party claims of infringement of patent, trademark of industrial design, rights arising from use of the Goods/services or any part thereof in BHARAT SANCHAR NIGAM LIMITED (BSNL).

4. PERFORMANCE SECURITY

4.1 All suppliers (including small scale units who are registered with National Small Scale Industries Corporation under Single Point Registration Scheme) shall furnish performance security to the BSNL for an amount equal to 5% of the value of purchase order within 14 days from the date of issue of advance purchase order by the BSNL.

4.2 The proceeds of the Performance Security shall be payable to the BSNL as compensation for any loss resulting from the Supplier's failure to complete his obligations under the Contract.

4.3 The Performance Security Bond shall be in the form of Bank Guarantee issued by a scheduled Bank and in the form provided in Section7(B) of this Bid Document.

4.4 The Performance Security Bond will be discharged by the BSNL after completion of the Supplier's performance obligations, including any warranty obligations, under the Contract.

5. INSPECTIONS AND TESTS

5.1 The BSNL or its representative hereinafter referred to as the Inspector shall have the right to inspect the work as per prescribed test schedules for their conformity to the specifications.

5.2 Should any inspected or tested work fail to conform to the specifications, the BSNL may reject such work and the bidder shall either replace the work or make all necessary alterations in them to meet the specifications, free of cost to the BSNL.

5.3 In case of issue of BCPC (Bill Copy Payable Challan), BCPC shall be equivalent to "Taking Over Certificate” (or for balance payment due,) issuance of which shall certify receipt of the Goods in safe and sound condition and in case there is no damage/shortages.

6. DELIVERY OF THE GOODS AND DOCUMENTS

6.1 Work done by the contractor in accordance with the terms specified by the BSNL in work order as per terms & conditions of tender and Special Conditions of the Contract.

6.2 Deleted


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6.3 The BSNL reserves the right to regulate the work within w.o time limit. He can demand the maximum rate of supply as quoted in the bid offer by the supplier or specify a lower rate of supply as and when required by issuing amendment to the contract.

7. Deleted 8. Deleted.

9. Deleted.

10. WARRANTY 10.1 The Supplier shall warrant that the stores to be supplied shall be new and free from all

defects and faults in materials used, workmanship and manufacture and shall be of the highest grade and consistent with the established and generally accepted standards for materials of the type ordered and shall performance in full conformity with the specifications and drawings. The contractor shall be responsible for any defect that may develop under the conditions provided by the contract and under proper use, arising from faulty material, design or workmanship such as corrosion of the materials, inadequate quantity of material to meet equipment requirements, inadequate contact protection, deficiencies in circuit design and / or otherwise and shall remedy such defects at his own cost when called up on to do so by the BSNL who shall state in writing in what respect the stores are faulty. This warranty shall survive inspection or payment for/ and acceptance of Goods/services, but shall expire (except in respect of complaints notified prior to such date) twelve months after the stores have been taken over under clause 5.3 above.

10.2 If it becomes necessary for the contractor to replace or renew any defective work under this Clause, the provisions of Clause 10.1 shall apply to the portion/portions of stores so replaced or renewed or until the end of the above mentioned period of 12 months, which ever may be later. If any defect is not remedied by the contractor within a reasonable period, the BSNL may proceed to get the defects remedied from other supplier etc. at the contractor’s risk and expenses, but without prejudice to any other rights which the BSNL may have against the contractor in respect of such defects.

10.3 Replacement under warranty clause shall be made by the Supplier free of all charges at site including freight, insurance and other incidental charges.

11. PAYMENT TERMS 11.1 Payment shall be made monthly for which the contractor shall submit monthly bill

along with the following documents:

a. Invoice in triplicate. b. Satisfactory work completion certificate to be issued by Concerned D.E. CMTS-BSS of

BSNL. No part payment will be entertained.

11.2 Due Tax Deduction at Source, will be made from running bills as per prevailing rates.

11.3 Deleted.

11.4 Deleted.

11.5 The BSNL shall not pay separately for the transit insurance. The Supplier shall be responsible for all kinds of losses i.e. loss due to theft, damage and shortage till the receipt of entire quantity of the Goods in good condition by the consignee.


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12. PRICES

(i) Prices charged by the supplier for goods/services delivered and services performed under the contract shall not be higher than the prices quoted by the supplier in his bid.

(ii) (a) In case of reduction of taxes and other statutory duties during the scheduled delivery period, BSNL shall take the benefit of decrease in these taxes/duties for the supplies made from the date of enactment of revised duties/taxes.

(b) In case of increase in duties/taxes during the scheduled delivery period, the BSNL shall revise the prices as per new duties/taxes for the supplies, to be made during the remaining delivery period as per terms and conditions of the purchase order.

(iii) Any increase in taxes and others statutory duties/levies after the expiry of scheduled delivery ate shall be to the supplier account. However, benefit of any decrease in these taxes/duties, shall be passed on to the BSNL by the supplier.

(iv) Prices finalised shall be valid for a period of one year from the date of acceptance by the bidder and with a provision for extension by another one year with the approval of the competent authority.

13. CHANGES IN WORK-ORDERS

13.1 The BSNL may, at any time by a written order given to the contractor, make change within the general scope of the contract in any one or more of the following:

a) drawings designs or specifications where the work-done under the Contract are to be specifically carry-out for the BSNL;

b) the place of delivery;

14. SUBCONTRACTS

The subcontracting is not permissible under any circumstances.

15. DELAYS IN THE WORK.

15.1 Delay in the work carried out by the bidder in accordance with the time schedule specified by the BSNL in its Work Order. In case the work is not completed in the stipulated time period, as indicated in the work Order, the BSNL reserves the right either to short close / cancel the work order and/ or recover charges as per clause. The cancellation/short closing of the work Order shall be at the risk and responsibility of the bidder and the BSNL reserves the right to carry out the balance work at the risk and cost of the defaulting vendors.

15.1.1 If the bidder does not carry out the work within DEFINED TIME PERIOD AS PER DELIVERY CLAUSE 12.1, Section 5 Part B of intimation, then BSNL is free to carry out the work from other bidder, not necessarily approved bidder on quotation basis (on same terms and condition).

15.1.2 In case of non-supply or absence of rigger, it should be informed by vendor in writing in advance i.e. before 48 hours.

15.1.3 If rigger do not report on the duty then Rs 300 will be deducted in addition to the payment for each day of absence on pro rata basis. The rigger will sit in the BSNL office and he will be not used by the bidder for any other work. The work allocation will be


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solely done by Mobile (Mtce.) team and the bidder will not have any say in the work allocation.

15.1.4 Insurance of the rigger is sole responsibility of the bidder and BSNL will not be responsible for any accident or claim by the rigger or his family in case of any accident.

15.1.5 If the rigger frequently remains absent from the duty or he is absent for consecutively more than five days in a month, BSNL is free to hire the rigger from other bidder, not necessarily approved bidder on quotation basis ( on same terms and condition)

15.1.6 The rigger’s absence period is calculated as total continuous days (including working as well as holidays i.e.no holiday allowed with absence day)

15.1.7 As per labour law of Government of India, labour licence and other liabilities are sole responsibility of the bidder and BSNL will not be responsible for any labour law liabilities.

15.1.8 All safety precautionary tools (Helmet, Safety belt, Shock proof shoes etc.) / accessories should be supplied by the vendor with riggers for all the work items (SOR work item 1 to 19) in the tender.

15.1.9 Rigger supplied by bidder against SOR item no.7 & 14 will perform all type of work in Valsad SSA jurisdiction area pertains to Cellular Mobile (Operation & Maintenance) like as following:

1. Weather proofing of more than 6 cables either on the same tower or different tower. 2. VSWR fault rectification of more than 3 sectors either on the same tower or different tower.

3. Tilt /orientation of more than 6 antennas either on same tower or different tower.

4. Cable/sector swap of more than 6 antennas either on same tower or different tower.

5. Antenna fixture tightening of > 3 antenna either on same tower or different.

6. IF cable laying either on same tower or different tower.

7. Multiple works on same day as mentioned above.

15.1.10 Necessary tools required for execution of all type of said activities should be supplied by the vendor with rigger

15.1.11 In case of any difficulty to rigger for execution of assigned work, he should report to the vendor and not to the BSNL person and after that vendor can communicate to Nodal officer of BSNL only in writing

15.1.12 There should be Nodal officer from vendor side for supervision of execution of work and co-ordination with authorized person from BSNL side. Any issue or constraints during execution of work should be communicated by vendor to BSNL official only in writing General Manager Telecom District Valsadwill be final authority for any dispute

15.1.13 If rigger delays the work execution citing any reason which is not convincing or the delay in work is due to riggers in such cases absent will be marked for that day and recovery will be done from bidder payment

15.1.14 Except tender (SOR) item no. 7 and no 14 the assigned work in the work order should be completed at vendor end independently like work execution, conveyance for reaching at site.

15.1.15 The work mentioned in the work order should be started immediately after receiving the work order by mail/fax and completed in the stipulated time as mentioned in the work order as per type of work and quantum of work


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15.1.16 Penalty in case of delay in work completion after expiring of the work execution

timeframe as per clause 12.1 or as mentioned in work order (i) penalty will be imposed 10% of the work order amount for the first week delay in work completion. Consecutive 10% additional for next weeks. (ii) However in case of unavoidable circumstances, representation may be given to General Manager Telecom District Valsad for extension of time limit for completing the work. General Manager Telecom District Valsad is competent authority to decide for giving the extension on the merit of the case.(iii) If competent authority refuses for time limit extension then the delay in work will be calculated as per above(i)

15.2 Delay by the contractor in the performance of its delivery obligations shall render the

Supplier liable to any or all of the following sanctions: -Forfeiture of its Performance Security,

imposition of penalty, And/or termination of the Contract for default.

15.3 EXTENSION OF THETIME LIMIT:

A General (i) In each work order, the work order issuing authority shall specify the time allowed for

completion of work consistent with the magnitude and urgency of work. The time allowed for carrying out the work is to be strictly observed by the contractor.

ii) In as much as “the time being deemed to be the essence of contract”, throughout the stipulated period of contract, the work is to be proceeded with all due diligence on the part of the contractor.

B Application for Extension of the Time and Sanction of Extension of time (EOT):

(i) There may be some hindrances, other than covered under force majeure, while execution of work and in such cases the contractor shall apply in writing in the prescribed form (Part-a) to the engineer- in-charge for extension of time (EOT), on account of which he desires such extension within three days of occurrence of hindrance. The Engineer-in-charge shall forward the request to the competent authority (General Manager Telecom District Valsad) prescribed Form (Part-b) within three days of receipt of request from the contractor. The competent authority is empowered to grant extension of time for completion of work on certain conditions. He shall exercise such powers, if the following conditions are satisfied.

(i-a) The application contains the ground(s), which hindered the contractor in execution of work.

(i-b) The Engineer-in-charge is of the opinion that the grounds shown for extension of time are reasonable.

(ii) The competent authority shall consider the request keeping all the facts and circumstances in view and shall grant extension of time, if in his opinion, there are reasonable and sufficient grounds for granting such extension and the reasons for delay are not ascribable to the contractor.

(iii) The competent authority shall grant EOT with time period for completion of work expressly mentioned. The sanction of the competent Authority of EOT shall be issued under the signature of the Engineer in-charge.

(iv) If the competent authority is of the opinion that the grounds shown by the contractors are not reasonable and sufficient and declines to grant the extension of time, the contractor cannot challenge the soundness of the opinion by reference to arbitration. The decision of the competent authority on period of extension of time or refusal for extension of time shall be final and binding on the contractor.


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16. PROCEDURE FOR PAYMENT FOR SUB STANDARD WORKS:

16.1 The contractors are required to execute all works satisfactorily and in accordance with the specifications. If certain items of work are executed with unsound, imperfect or unskilled workmanship or with materials of any inferior description or that any materials or articles provide by him for execution of work are unsound or of a quality inferior to that contracted for or otherwise not in accordance with the contract (referred to as substandard work hereinafter), the Divisional Engineer in-charge shall make a demand in writing specifying the work, materials or articles about which there is a complaint.

16.2 Timely action by Construction Officers: Timely reporting and action, to a great extent,

can prevent occurrence of substandard work, which will be difficult or impossible to rectify later on. It is incumbent on the part of construction Officers to point out the defects in work in time during progress of the work. The Junior Telecom Officer/ Sub Divisional Engineer is responsible for execution and supervision of work shall without any loss of time submit a report of occurrence of any substandard work to the Divisional Engineer in-charge besides making an entry in the site order book. A notice i.e. respect of defective works shall be given to the contractor by Divisional Engineer in-charge in writing during the progress of work asking the contractor to rectify/replace/ remove the substandard item of work and also definite time period within which such rectification/removal/replacement has to be done. After expiry of the notice period, of the contractor fails to rectify/ remove/replace the substandard item, the defect shall be got rectified replaced/removed by BSNL or through some other agency at the risk and the cost of the contractor.

16.3 Non-reporting of the substandard work in time on the part of Construction Officer(s)

shall not in any way entitle the contractor to claim that the defects were not pointed out during execution and as such the contractor cannot be absolved of the responsibility for substandard work and associated liabilities.

17. FORCE MAJEURE

17.1 If at any time during the continuance of this contract, the performance in whole or in part by either party of any obligation under this contract, is prevented or delayed by reason of any war or hostility, acts of the public enemy, civil commotion, sabotage, fires, floods, explosions, epidemics, quarantine restriction, strikes, lockouts or act of God (hereinafter referred to as events), provided notice of happenings of any such eventuality is given by either party to the other within 21 days from the date of occurrence thereof, neither party shall by reason of such event be entitled to terminate this Contract nor shall either party have any such claim for damages against the other in respect of such non-performance, or delay in performance and deliveries under the contract shall be resumed as soon as practicable after such event may come to an end or cease to exist, and the decision of the BSNL as to whether the deliveries have been so resumed or not shall be final and conclusive. Further that if the performance in whole or part of any obligation under this contract is prevented or delayed by reason of any such event for a period exceeding 60 days either party may at its option terminate the contract.

17.2 Provided also that if the contract is terminated under this clause, the BSNL shall be at liberty to take over from the supplier at a price to be fixed by the BSNL which shall be final, all unused undamaged and acceptable materials, bought out components and stores in course of manufacture which may be in possession of the supplier at the time of such termination or such portions thereof as the BSNL may deem fit, except such materials bought out components and stores as the contractor may with the concurrence of the BSNL elect to retain.


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18. TERMINATION FOR DEFAULT

18.1 The BSNL may without prejudice to any other remedy for breach of the Contract, by written notice of default, terminate this Contract in whole or in part.

a. If the Contractor fails to work any or all of the works within the time period(s) specified in the Contract or any extension thereof granted by the BSNL pursuant to Clause 15,

b. If the contractor fails to perform any other obligation(s) under the Contract, and

c. If the contractor in either of the above circumstances does not remedy his failure within a period of 15 days or such longer period as the BSNL may authorise in writing, after receipt of the default notice from the BSNL.

18.2 In the event the BSNL terminates the Contract in whole or in part pursuant to Para 18.1, the BSNL may procure upon such terms and in such manner as it deems appropriate, goods/services similar to those undelivered and the Supplier shall be liable to the BSNL for any excess cost for such similar goods/services. However the Supplier shall continue performance of the contract to the extent not terminated.

19. TERMINATION FOR INSOLVENCY 19.1 The BSNL may at any time terminate the contract by giving written notice to the

Supplier, without compensation to the Supplier if the Supplier becomes bankrupt or otherwise insolvent as declared by the competent court provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the BSNL.

20. ARBITRATION 20.1 In the event of any question, dispute or difference arising under this agreement or in

connection therewith except as to the matter the decision to which is specifically provided under this agreement, the same shall be referred to sole arbitration of the General Manager Telecommunication, Valsad Telecom District, or in case his designation is changed or his office is abolished then in such case to the sole arbitration of the officer for the time being entrusted (whether in addition to his own duties or otherwise) with the functions of the General Manager Telecommunication, Valsad Telecom District or by whatever designation such officers may be called (hereinafter referred to as the said officer) and if the General Manager Telecommunication, Valsad Telecom District or the said officer is unable or unwilling to act as such, than to the sole arbitration of some other person appointed by the General Manager Telecommunication, Valsad or the said officer. The agreement to appoint an arbitrator will be in accordance with the Arbitration and Conciliation Act 1996. There will be no objection to any such appointment on the ground that the arbitrator is government servant or that he has to deal with the matter to which the agreement relates or that in the course of his duties as government servant he has expressed views on all or any of the matter in dispute. The award of the arbitrator shall be final and binding on both the parties to the agreement. 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, the General Manager Telecommunication, Valsad Telecom District or the said officer shall appoint another person to act as arbitrator in accordance with terms of the agreement and the person so appointed shall be entitled to proceed from the stage at which it was left out by his predecessors.

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


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20.3 The venue of the arbitration proceeding shall be the office of the General Manager Telecommunication, Valsad Telecom District, BHARAT SANCHAR NIGAM LIMITED at VALSAD or such other places as the arbitrator may decide.

21. SET OFF

Any sum of money due and payable to the bidder (including Security Deposit refundable to him) under this contract may be appropriated by the BSNL or the BSNL or any other person or persons contracting through the BSNL and set off the same against any claim of the BSNL or the BSNL or such other person or persons 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 the BSNL or such other person or persons contracting through BSNL.

22 The bidders, who are given work orders, must give the details of the work carried out against all the work order every month on the first working day of the following month to the Ordering Authority, Ultimate Consignees and the concerned planning branches of BSNL.

23 Deleted

24 Fall Clause:--Ref.:- BSNL H.Q., F.No. 3-2/2004/MMT/Pt.III dtd. 1-8-2005

24.1 The prices once fixed will remain valid during the scheduled work period except for the provisions in clause 12.1 of Section 5 Part A. Further, if at any time during the contract :-

a) it comes to the notice of BSNL regarding reduction of price for the same or similar work /service

And / or

b) The prices received in a new tender for the same or the similar equipment/ service are less than the prices chargeable under the contract.

the BSNL, for the purpose of delivery period extension, if any will determine and intimate the new price, taking into account various related aspects such as quantity, geographical location etc., and the date of its effect for the balance quantity/service to the vendor. In case the vendor do not accept the new price to be made applicable during the extended delivery period and the date of it’ s effect the BSNL shall have the right to terminate the contract without accepting any further supplies. This termination of the contract shall be at the risk and responsibility of the supplier and BSNL reserves the right to purchase the balance unsupplied quantity/service at the risk and cost of the defaulting vendor besides considering the forfeiture of his performance security.

24.2 a) The vendor while applying for extension or time for delivery equipment/ services, if any shall have to provide an undertaking as “ We have not reduced the sale price and /or offered to sale the same or similar equipment / service to any person /organisation including Department of Central / State Government or any Central/State PSU at a price lower than the price chargeable under the contact for scheduled delivery period”

b) In case undertaking as in Clause 24.2 (a), is not applicable, the vendor will give the details of prices, the name(s) of BSNL, quantity etc. to the BSNL while applying extension of delivery period.

25. LEGAL JURISDICTION- COURT OF JURIDICTION No. 3-2/2004-MMT/Pt.1 dtd. 16.11.2006


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i) Any dispute arising out of the tender/bid document/evaluation of bids/issue of APO shall be subject to the jurisdiction of the competent court at the place from where the NIT /tender has been issued.

ii) Where a contractor has not agreed to arbitration the dispute /claims arising out of the Contract/PO entered with him shall be subject to the jurisdiction of the competent Court at the place from where the Contract /PO has been issued.

“This Contract/PO is subject to jurisdiction of Court at Valsad only. 26. INTEREST ON DEFERRED CLAIM No interest on any deferred claim of the Supplier arising out of this contract shall be

payable in any case whatsoever.


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SECTION – 5 (Part-B)

SPECIAL CONDITIONS OF THE CONTRACT (SCC)

1. GENERAL:

1.0 The special conditions of contract shall supplement the Instructions to the Bidders as contained in Section 4 Part A and General Conditions of the Contract as contained in Section 5 Part A. Wherever there is a conflict, the provisions herein shall prevail over those.

1.1 The BSNL reserves the right to disqualify such bidders who have a record of not meeting

contractual obligations against earlier contracts entered into with the BSNL. 1.2 The BSNL reserves the right to black list a bidder for a suitable period in case he fails to

honor his bid without sufficient grounds. 1.3 All work to be executed under the contract shall be executed under the direction and

subject to the approval in all respects of the Divisional Engineer or Site Engineer in-charge of work site who shall be entitled to direct at what point or points and what manner they are to be commenced, and from the time to time carried on.

1.4 If the contractor shall desire an extension of time of completion of the work on the grounds of unavoidable hindrance in execution of work or on any other ground he shall apply in writing to the Divisional Engineer within 3 days of the date of hindrance on account of which he desires such extension as aforesaid. In this regard the decision of the GMTD shall be final.

1.5 If at any time after the commencement of the work, the BSNL may feel that execution of whole or part of work, as specified in the Bid is not required to be carried out, then the BSNL shall give notice in writing or the fact to the contractor who shall have no claim to any payment of compensation whatsoever on account of any profit or advantage which he might have derived in consequence of the full amount of the work not having been carried out neither shall he have any claim for compensation by reason of any alterations having been made in the original specifications, drawings, designs and instructions which shall involve any curtailment of the work as originally contemplated

1.6 Whenever any claims against the contractor for the payment of a sum of money arises out of or under the contract, the BSNL shall be entitled to recover such sum by appropriating in part or whole the security deposit of the contractor, and to sell any BSNL promissory notes etc., forming the whole or part of such security or running/Final bill pending against any contract with the BSNL, In the event of the security being insufficient or if no security has been taken from the contractor, then the balance or the total sum recoverable as the case may be, shall be deducted from any sum then due or which at any time thereafter may become due to the contractor under this or any other contract with BSNL. Should this sum be not sufficient to cover the full amount recoverable the contract or shall pay to BSNL on demand the balance remaining due.

1.7 No official of Gazetted rank or other Gazetted officer employed in Engineering or administrative duties in an Engineering BSNL or any other BSNL of the BSNL of India is allowed to work as a contractor for a period of two years after his retirement from BSNL service without the previous permission of BSNL of India. This contract is liable to be cancelled if either the contractor of any of his employee is found at any time to be such person who hadn’t obtained the permission of BSNL of India as aforesaid before submission of the engagement in the contractor’s service as the case maybe. Under the above circumstances, such contractor shall not claim any type of relief or remedy of whatever nature from the BSNL for his illegal act.

1.8 In the event of the contractor being, adjusted insolvent or going voluntarily into liquidation of having received order or other order insolvency act made against him or in the case of company, of the passing of any resolution, or making of any order for winding up whether voluntarily or otherwise, or in the event of the contractor failing to comply with any of the conditions herein specified, The GMTD shall have the power to terminate the contract without any notice.


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1.9 Without prejudice to any of the rights or remedies under this contract, if the contactor dies, the GMTD on behalf of the BSNL can terminate the contract without compensation to the contractor. However GMTD, at his discretion may permit contractor’s heirs to perform the duties or engagements of the contractor under the contract, in case of his death. In this regard the decision of the GMTD shall be the final.

1.10 In the event of the contractor, winding up his company on account of transfer of merger of his company with any other, the contractor shall make it one of the terms and stipulations of the contract for the transfer of his properties and business, that such other person or company, shall continue to perform the duties or engagement of the contractor under this contract and be subject to his liabilities there under.

1.11 Interpretation of the contract document: - The representative of the GMTD and the contractor shall in so far as possible by mutual consultation, try to decide upon the meaning and intent of the contract document. In case of disagreement the matter shall be referred to the GMTD whose decision shall be final. Any change in the contract documents shall be set forth in writing by the representative of the parties hereto. It shall be the contractor’s responsibility to thoroughly familiarize all of his supervisory personnel with the contents of all the contract documents.

1.12 The Contractor shall be an independent Contractor and shall have complete charge of the men/women engaged in the performance of the works to be performed hereunder and shall perform the work in accordance with this own methods and at his own risk subject to compliance with contract documents. The Contractor shall throughout the stipulated period of the contract execute the work in the best and most substantial workman like manner and both as regards material and otherwise in respect, in strict accordance with the contract document or such additional particulars, instructions and drawings as may be found requisite to be given during carrying on of the works any unit person or any one not capable or not properly qualified to properly perform the work assigned to him. The Contractor shall also not employ in respect of the works any employee that the Divisional Engineer/Site Engineer may for any reason object to.

1.13 Deleted 1.2 Notification: 1.2.1 The contractor shall give in writing to the proper person or authority with a copy to the

Divisional Engineer such notification as may be mandatory of necessary in connection with the commencement, suspension resumption, performance and /or completion of the contracted work. All notice shall be given sufficiently in advance of the proposed operation to permit proper co-relation of activities and contractor shall keep all proper persons or authorities involved and advised of the progress of operations throughout the performance of the work and/or with such other information and/or supporting figure and data as may from time to time as directed or required.

1.3 Shut down on account of weather conditions: - 1.3.1 The contractor shall not be entitled to any compensation whatsoever by reason of

suspension of the whole or any part of the work made necessary by the BSNL or deemed advisable on account of bad weather conditions or other Force majeure conditions

2. Deleted 3. Deleted 4. QUALITY OF WORK:

The BSNL shall be the final judge of the quality of the work and the satisfaction of the BSNL in respect thereof set forth in the contract documents. Laxity or failure to enforce compliance with the contract documents by the BSNL and / or its representative shall not manifest a change or intent of waiver, the intention being that, notwithstanding the same, the contractor shall be and remain responsible for complete and proper compliance with the contract documents and the specification there in. The representative of the GMTD has the right to prohibit the use of men and any tools, materials and equipment, which in his opinion do not produce work or performance, meet the requirement of the contract documents.


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5. Deleted 6. PROTECTION OF LIFE AND PROPERTY AND EXISTING FACILITIES: 6.1 The contractor is fully responsible for taking all possible safety precaution during preparation

for and actual performance of the works and for keeping the construction site in a reasonable safe condition. The contractor shall protect all life and property from damage or losses resulting from his construction operations and shall minimize the disturbance and inconvenience to the public.

The Bidder shall have equipment to detect the underground utilities/obstructions. 7. LABOUR WELFARE MEASURES AND WORKMAN COMPENSATION: 7.0 WORKMEN'S COMPENSATION:

In every case in which by virtue of provisions of Section 12, Sub-section (i) of the Workmen's Compensation Act, 1923 BSNL is obliged to pay compensation to a workman employed by the Contractor, in execution of the works. BSNL will recover from the Contractor the amount of the compensation so paid and without prejudice to the rights of the BSNL under Section 12, Sub-section (ii) of the said ACT, BSNL shall be at liberty to recover such amount or any part thereof by deducting it from the security deposit or from any sum due by BSNL to Contractor whether under Section -12, Sub-section (i) of the said Act, except on the written request of the Contractor and upon his giving to BSNL full security for all costs for which BSNL might become liable in consequence of contesting such claim.

7.1 Obtaining License before commencement of work:

1. The contractor shall obtain a valid Labour license under the Contract Labour (R&A) Act 1970 and the Contract Labour (Regulation and Abolition) Central Rules 1971, before commencement of the work, and continue to have a valid license until the completion of work. The contractor shall also abide by the provisions of the Child Labour (Prohibition and Regulation) Act 1986. Any failure to fulfill this requirement shall attract the penal provisions of this contact arising out of the resultant non- execution of work.

2. Subject to the provisions of the Contract Labour (Abolition and Regulation Act, 1970)

as amended from time to time, the contractor shall not commence actual work unless he produces a receipt from the concerned Licensing Authority that he has applied for licensing authority, which may be produced within the period of 15 days of commencing the work.

7.2 Contractors Labour Regulations:

7.2.1 Working Hours

7.2.2.1 Normally working hours of an employee should not exceed 9 hours a day. The working day shall be so arranged that inclusive of interval for rest, if any, it shall not spread over more than 12 hours on any day.

7.2.2.2 When a worker is made to work for more than 9 hours on any day or for more than 48 hours in any week he shall be paid over time for the extra hours put in by him.

7.2.2.3 Every worker shall be given a weekly holiday normally on a Sunday, in accordance with the provisions of Minimum Wages (Central) Rules 1960, as amended from time to time, irrespective of whether such worker is governed by the Minimum Wages Act or not.

7.2.2.4 Where the minimum wages prescribed by the BSNL, under the Minimum Wages Act, are not inclusive of the wages for the weekly day of rest, the worker shall be entitled to rest day wages, at the rate applicable to the next preceding day, provided he has worked under the same contractor for a continuous period of not less than 6 days.

7.2.2.5 Where a contractor is permitted by the Engineer-in-Charge to allow a worker to work on a normal weekly holiday, he shall grant a substituted holiday to him for the whole day, on one of the five days, immediately before or after the normal weekly holiday, and pay wages to such worker for the work performed on the normal weekly holiday at the overtime rate.

7.2.2 Display of Notice Regarding Wages Etc.


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The contractor shall, before he commences his work on contract, display and correctly maintain and continue to display and correctly maintain, in a clear and legible condition in conspicuous places on the work, notices in “English and in local Indian languages spoken by the majority of the workers, giving the minimum rates of the wages fixed under Minimum Wages Act, the actual wages being paid, the fours of work for which such wage are earned, wages periods, dates of payments of wags and other relevant information.

7.2.3 Payment of Wages. 7.2.3.1 The contractor shall fix wages periods in respect of which wages shall be payable. 7.2.3.2 No wage period shall exceed one month. 7.2.3.3 The wages of every person employed as contract labour in an establishment or by a

contractor, where less than one thousand such persons are employed, shall be paid before the expiry of seventh day and in other cases before the expiry of tenth day after the last day of the wage period in respect of which the wages are payable.

7.2.3.4 Where the employment of any worker is terminated by or on behalf of the contractor, the wages earned by him shall be paid before the expiry of the second working day from the date on which his employment is terminated.

7.2.3.5 All payment of wages shall be made on a working day at the work premises and during the working time and on a date notified in advance and in case the work is completed before the expiry of the wages period, final payment shall be made within 48 hour of the last working day.

7.2.3.6 Wages due to every worker shall be paid to him direct or to other person authorized by him in this behalf.

7.2.3.7 All wages shall be paid in current coin or currency or in both. 7.2.3.8 Wages shall be paid without any deductions of any king except those specified by the

Central BSNL by general or special order in this behalf or permissible under the Payment of Wages Act 1956.

7.2.3.9 A notice showing the wages period and the place and time of disbursement of wages shall be displayed at the place of work and a copy sent by the contractor to the Engineer-in-Charge under acknowledgement.

7.2.3.10 It shall be the duty of the contractor to ensure the disbursement of wages in presence of the site Engineer or any other authorized representative of the Engineer-in-Charge who will be required to be present at the palace and time of the disbursement of wages by the contractor to workmen.

7.2.3.11 The contractor shall obtain from the site Engineer or any other authorized representative of the Engineer-in-Charge, as the case may be, a certificate under his signature at the end of the entries in the “Register of Wages” or the “Wage-cum-Muster Roll”, as the case may be, in the following form: -

“Certified that the amount shown in the column No…………has been paid to the workman

concerned in my presence on ………….at…………. 7.2.4 Fines and deductions, which may be made from wages 7.2.4.1The wages of a worker shall be paid to him without any deduction of any kind except the

following: -

(a) Fines (b) Deductions for absence from duty i.e. from the place or the places where by the

terms of his employment he is required to work. The amount of deduction shall be in proportion to the period for which he was absent.

(c) Deductions for damage to or loss of goods expressly entrusted to the employed

person for custody or for loss of money or any other deductions which he is required to account, where such damage or loss is directly attributable to his neglect or default.

(d) Deductions for recovery of advances or for adjustment of over payment of

wages, advances granted shall be entered in a register.


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(e) Any other deductions, which the Central BSNL may from time to time, allow. 7.2.4.2 No fines should be imposed on any worker save in respect of such acts and omissions on

his part as have been approved of by the Labour Commissioner. 7.2.4.3 No fine shall be imposed on a worker and no deduction for damage or loss shall be made

from his wages until the worker has been given an opportunity of showing cause against such fines or deductions.

7.2.4.4 Every fine shall be deemed to have been imposed on the day of the act or omission in respect of which it was imposed.

7.2.5 Labour records 7.2.5.1 The contractor shall maintain a Register of Persons employed on work on contract in

form XIII of the Contract Labour (R&A) Central Rules 1971. 7.2.5.2 The contractor shall maintain a Muster Roll register in respect of all workmen employed

by him on the work under contract in form XVI of the CL (R&A) Rules 1971. 7.2.5.3. The contractor shall maintain a Wages Register in respect of all workmen employed by

him on the work under contract in Form XVII of the CL (R&A) Rules 1971. 7.2.5.4 Register of accidents – The contractor shall maintain a register of accidents in such

form as may be convenient at the work place but the same shall include the following particulars: -

a) Full particulars of the labourers who met with accident.

b) Rate of wages.

c) Sex

d) Age

e) Nature of accident and cause of accident

f) Time and date of accident

g) Date and time when admitted in hospital

h) Date of discharge from the hospital

i) Period of treatment and result of treatment

j) Percentage of loss of earning capacity and disability as assessed by Medical officer k) Claim required to be paid under Workmen’s Compensation Act. l) Date

of payment of compensation

m) Amount paid with details of the person to whom the same was paid

n) Authority by whom the compensation was assessed

o) Remarks.

7.2.5.5 The contractor shall maintain a Register of fines in the form XII of the CL (R&A) Rules

1971 the contractor shall display in a good condition and in a conspicuous place of work the approved list of acts and omission of which fines can be imposed.

7.2.5.6 The contractor shall maintain a Register of deductions for damage or loss in Form XX of the CL (R&A) Rules 1971.

7.2.5.7 The contractors shall maintain a Register of Advances in Form XXIII of CL (R&A) Rules 1971.

7.2.5.8 The contractor shall maintain a Register of Overtime in Form XXIII of the CL (R&A) Rules 1971.

7.2.6 Attendance card-cum wage slip 7.2.6.1 The contractor shall issue an Attendance card cum wage slip to each workman

employed by him. 7.2.6.2 The card shall be valid for each wage period. 7.2.6.3 The contractor shall mark the attendance of each workman on the card twice

each day, once at the commencement of the day and again after the rest interval,


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before he actually starts work. 7.2.6.4 The card shall remain in possession of the worker during the wages period under

reference. 7.2.6.5 The contractor shall complete the wages slip portion on the reverse of the card a

least a day prior to the disbursement of wages in respect of the wage period under reference.

7.2.6.6 The contractor shall obtain the signature or thumb impression of the worker on the wage slip at the time of disbursement of wages and retain the card with him.

7.2.7 Employment card

The contractor shall issue an Employment Card in the Form XIV of CL (R&A) Central Rules 1971 to each worker within three days of the employment of the worker.

7.2.8 Service certificate

On termination of employment for any reason whatsoever the contractor shall issue to the workman whose services have been terminated, a Service Certificate in the Form XV of the CL (R&A) Central Rules 1971.

7.2.9 Preservation of labour records:- The labour records and records of fine sand deductions shall be preserved in original for a period of three years from the date of last entries made in them and shall be made available for inspection by the Engineer-in-Charge or Labour Officer or another officers authorized by the Ministry of Communication in this behalf.

7.2.10 The Engineer-in-Charge may require contractor to dismiss or remove from the site of the work any person or persons in the contractors’ employment upon the work who may be in competent or misconduct himself and the contractor shall forthwith comply with such requirements.

7.3 Power of labour officer to make investigations or enquiry

The labour officer or any person authorized by the Central BSNL on their behalf shall have power to make enquiries with a view to ascertaining and enforcing due and proper observance of Fair Wages clauses and provisions of these Regulations. He shall investigate into any complaint regarding the default made by the contractor in regard to such provision.

7.4 Report of Investigating officer and action thereon The Labour Officer or other persons authorized as aforesaid shall submit a report of result of his investigation or enquiry to the Engineer in-charge indicating the extend, if any to which the default has been committed with a note that necessary deductions from the contractor’s bill be made and the wages and other dues be paid to the Labourers concerned. The Engineer in-charge shall arrange payments to the labour concerned within 45 days from the receipt of the report from the Labour Officer of the authorized officer as the case may be.

7.5 Inspection of Books and Slips

The contractor shall allow inspection of all the prescribed labour records to any of his workers or to his agent at a convenient time and place after due notice is received or to the Labour Officer or any other person, authorized by the Central BSNL on his behalf.

7.6 Submission of Returns

The contractor shall submit periodical returns as may be specified from time to time. 7.7 Amendments

The BSNL may from time to time add to or amend the regulations and on any question as to the application/interpretation or effect of those regulations.

As per Para 3.67 of the recommendation/observation of Tenth Report of parliamentary standing committee on labour ,Contractor would provide the same social security to the labours engaged by him as is available to regular employees.

As per Para 3.68 of the recommendation/observation of Tenth Report of parliamentary standing committee on labour , Contractor shall ensure implementation of equal pay for equal work and also equal remuneration to men and women.


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8.0 INSURANCE: -

Without limiting any of his other obligating or liabilities, the contractor shall, at his own expense, take and keep comprehensive insurance including third party risk for the plant, machinery, men, materials etc. brought to the site and for all the work during the execution. The contractor shall also take out workmen’s compensations insurance as required by law and under take to indemnify and keep indemnified the BSNL from and against all manner of claims and demands and losses and damages and cost (including between attorney and client) charges and expenses that may arise in regard the same or that the BSNL may suffer or incur with respect to end/or incidental to the same. The contractor shall have to furnish originals and/or attested copies as required by the BSNL of the policies of insurance taken within 15 (fifteen) days of being called upon to do so together with all premium receipts and other papers related thereto which the BSNL may require.

9.0 COMPLIANCE WITH LAWS AND REGULATION:

9.1 During the performance of the works the contractors shall at his own cost and initiative fully comply with all applicable laws of the land and with any and all applicable by-laws rules, regulations and orders and any other provisions having the force of law made or promulgated or deemed to be made or promulgated by the BSNL, BSNL agency or BSNL, municipal board, BSNL of other regulatory or Authorized body or persons and shall provide all certificates of compliance therewith as may be required by such applicable law. By-laws, Rules, Regulations, orders and/or provisions. The contractor shall assume full responsibility for the payment of all contributions and pay roll taxes, as to its employees, servants or agents engaged in the performance of the work specified in the contractor documents. If the contractor shall require any assignee or sub-contractor to sham any portion of the ark to be performed hereunder may be assigned, sub-leased or sub-contracted to comply with the provisions of the clause and in this connecting the contractor agrees as to undertake to save and hold the BSNL harmless and indemnified from and against ay/all penalties, actions, suits, losses and damages, claims and demands and costs (inclusive between attorney and client) charges and expenses whatsoever arising out or occasioned, indirectly or directly, by failure of the contractor or any assignee or sub-contractor to make full and proper compliance with the said by-laws, Rules, Regulations, Laws and Order and provisions as aforesaid.

10. Deleted 11. REGISTRATION WITH EPF/RPF

a) EPF/RPF registration are not compulsory for the bidders. However successful approved bidders for this Tender are to follow the rules of EPF/RRS as per the Government rules. Also the bidders will be bound to follow the order of Supreme Court file against the judgment order the Jabalpur high court.

b) Each claim Bill of contractors must accompany the

i) List showing the details of labourers /employees engaged.

ii) Duration of their engagement,

iii) The amount of wages paid to such employees / employees for the duration in question

iv) Amount of EPF contributions (both employer’s & employee’s contribution) for the duration of engagement in question, paid to the EPF authorities.

v) Copies of authenticated documents of payments of such contribution to EPF authorities


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vi) A declaration from the contractors regarding compliance of the conditions of EPF Act 1952.

12. DELIVERY SCHEDULE

12.1 The contractor shall have to complete the one individual work item within a pre-defined time period as following or as mentioned in work order. The time period will be counted from the date of the placement of work order for each specified work.

12.2 Depending on the site-specific requirement, BSNL reserves the right to order all or any of the items of work specified in the schedule of rate and the quantities are subject to change depending on the actual site requirements.

13. PAYING AUTHORITY

Paying authority shall be Accounts Officer (Cash), O/o GMTD, Valsad.

14. BILLS TO BE SUBMITTED TO:

The bills shall have to be submitted to concern DE incharge (DE (CMTS), Valsad/Navsari) in triplicate.

SOR work item number Defined Time period in days

1 5

2 5

3 5

4 4

5 5

6 6

7 na

8 2

9 2

10 2

11 2

12 2

13 2

14 na

15 2

16 2

17 2

18 2

19 2

20 6

21 2

22 4

23 2


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The Divisional Engineer shall exercise the prescribed checks on the bills and accord necessary certificates on the bills. The Divisional Engineer shall retain the third copy of the bill along with photocopies of other documents and send first and second copies of the bill, and other requisite documents to the Accounts Officer / IFA as the case may be for processing and shall be forwarded to the Competent Authority for approval and payment after observing all the formalities.

15. All installations as per BSNL AT standards are required to be met by the contractor. As per the specification given in Section - 3

16 The CONTRACTOR shall, whenever called upon to do so, give full information with regard to the status of work in hand and shall also permit the Dy. General Manager (CM) Valsad or any other officer nominated by him, to inspect the CONTRACTOR'S premises at all reasonable times and shall give all assistance and information as may be required by him in connection with the contract.

17 The Contractor shall be solely responsible for the correctness of the work carried out 18 PENALTY

i) If any error or defect is detected due to the fault of the CONTRACTOR at any time after completion of work, the CONTRACTOR shall have to rectify such error or defect at his own cost to the satisfaction of the General Manager Telecom District, Valsad within the time frame fixed by BSNL.

ii) In the event of total rejection of the work, the General Manager Telecom District, Valsad,

may at his own discretion, permit the CONTRACTOR to work at CONTRACTOR'S own cost within a specified time frame.

iii) In the event of any breach of or non-fulfillment of any contractual obligation by the

CONTRACTOR, the Security Deposit shall be forfeited.


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SECTION- 6 PART A

UNDERTAKING & DECLARATION

a) Certified that:

1. I/ We ……………………………………. have read, understood and agree with all the terms and conditions, specifications included in the tender documents & offer to execute the work at the rates quoted by us in the tender form.

2. If I/ We fail to enter into the agreement & commence the work in time, the EMD/ SD deposited by us will stand forfeited to the BSNL.

b) The tenderer hereby covenants and declares that: 1. All the information, Documents, Photo copies of the Documents/ Certificates

enclosed along with the Tender offer are correct. 2. If anything is found false and/or incorrect and/or reveals any suppression of fact at

any time, BSNL reserves the right to debar our tender offer/ cancel the LOA/ Purchase/ work order if issued and forfeit the EMD/ SD/ Bill amount pending with BSNL. In addition, BSNL may debar the contractor from participation in its future tenders.

c) DECLARATION REGARDING INTERNET DOWNLOADED BID SUBMISSION as per clause no 12, Section – 1A.

I / We declare that no addition / deletion / corrections have been made in the downloaded tender document being submitted and it is identical to the tender document appearing on the website.

d) CERTIFICATE REGARDING FIRM HAS NOT BLACK LISTED BY ANY SSA/CIRCLE OF BHARAT SANCHAR NIGAM LIMITED / MTNL as per Clause No. 13, Section – 1(Part A)

I,……………………………………………………….…………………………….S/o…………………………………………………. r/o…………………………………………………..……………………………………hereby certify that we or our firm ……………………………………………………………………… has not been BLACK LISTED by any SSA/Circle of MTNL/BSNL 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.

Date: …………… …… ………………………

Signature of Tenderer Place: …………… Name of Tenderer

Along with date & Seal


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e) Clause by Clause Compliance

It is to certify that the tender document is carefully read & understood and all the sections and clauses are compiled unconditionally & unequivocally. There is no deviation from the terms & conditions of the tender.

f) Declaration for EPF & Misc Provisions Act 1952

I _____________________________ ______________________(Name of the bidder / agency) hereby declare compliance towards conditions of the EPF and Misc Provisions Act 1952 and authorize BSNL to recover any payment that arises due to failure to comply with any of the Labour legislations and statutory conditions viz. Labor, EPF, ESI etc. or any other acts dealing with the same and all other acts mentioned in the tender document.

Date: …………… …… ……………………… Signature of Tenderer

Place: …………… Name of Tenderer Along with date & Seal


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SECTION- 6 PART B

DECLARATION REGARDING NO RELATIVE WORKING IN BSNL

I __________________________________________________________Son of / W /O___________________________________ R/O _____________________________________here by certify that none of my relative(s) as defined in tender document 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 Agency Name (Capitals) ___________________________ Position ____________________________ Date ____________________________

Note: - In case of proprietorship firm certificate will be given by the proprietor, for partnership firm certificate will be given by all the partners and in case of limited company by all the Directors of the Company. Any breach of these conditions by the company or firm or any other person, the tender/ work will be cancelled and earnest money / security deposit will be forfeited at any stage whenever it is so noticed. BSNL will not pay any damages to the company or firm or the concerned person. The company or firm or the person will also be debarred for further participation in the concerned unit.


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SECTION – 7

PROFORMAS

7 (A) BID SECURITY/ EMD Guarantee (To be typed on Rs.100/- non-judicial stamp paper) Whereas.................................. (hereinafter called "the Bidder") has submitted its bid dated............for the supply of ........................ vide Tender No…………………… dated............ KNOW ALL MEN by these presents that WE....................... OF .................... having our registered office at .................(hereinafter called "the Bank") are bound unto Bharat Sanchar Nigam Limited (hereinafter called "the Purchaser") in the sum of Rs.................... for which payment will and truly to be made of the said Purchaser, the Bank binds itself, its successors and assigns by these present. THE CONDITIONS of the obligation are : 1. If the Bidder withdraws his bid during the period of bid validity specified by the Bidder on the Bid form or 2. If the Bidder, having been notified of the acceptance of his bid by the Purchaser during the period of bid validity (a) Fails or refuses to execute the Contract, if required; or (b)Fails or refuses to furnish the Performance Security, in accordance with the instructions to Bidders. We undertake to pay to the Purchaser up to the above amount upon receipt of its first written demand, without the purchaser having to substantiate its demand, provided that in its demand, the purchaser will note that the amount claimed by it is due to it owning to the occurrence of one or both of the two conditions, specifying the occurred condition or conditions. This guarantee will remain in force as specified in clauses 12 and 28.2 of section 4 Part A of the Bid Document up to and including THIRTY (30) days after the Period of bid validity and any demand in respect thereof should reach the Bank not later than the specified date/dates.

Signature of the Bank Authority. Name

Signed in Capacity of Name & Signature of witness Full address of Branch Address of witness Tel No. of Branch Fax No. of Branch


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7 (B) PERFORMANCE SECURITY BOND FORM (To be typed on Rs.100/- non-judicial stamp paper) Dated:…………….. Sub: Performance guarantee. Whereas General Manager Telecom, Valsad (hereafter referred to as BSNL) has issued an AWO no. …………..…………………………...Dated ……/……/20….. awarding the work of ………………………………………………………….. to M/s …………………..…………………………… R/o ………………………………………………………………… ……………………………… (Hereafter referred to as “Bidder”) and BSNL has asked him to submit a performance guarantee in favour of AO (Cash) , BSNL, GMTD, Valsad of Rs. …………..……/- (hereafter referred to as “P.G. Amount”) valid up to ……/……/20……… (hereafter referred to as “Validity Date”) Now at the request of the Bidder, We ……………………………………… Bank ………………………………………………. Branch having .......................................... ...................... (Address) and Regd. office address as ……… ………...…………………………………………………………………… (Hereinafter called ‘the Bank”) agreed to give this guarantee as hereinafter contained: 2. We, “the Bank” do hereby undertake and assure to the BSNL that if in the opinion of the BSNL, the Bidder has in any way failed to observe or perform the terms and conditions of the said agreement or has committed any breach of its obligations there-under, the Bank shall on demand and without any objection or demur pay to the BSNL the said sum limited to P.G. Amount or such lesser amount as BSNL may demand without requiring BSNL to have recourse to any legal remedy that may be available to it to compel the Bank to pay the same. 3. Any such demand from the BSNL shall be conclusive as regards the liability of Bidder to pay to BSNL or as regards the amount payable by the Bank under this guarantee. The Bank shall not be entitled to withhold payment on the ground that the Bidder had disputed its liability to pay or has disputed the quantum of the amount or that any arbitration proceeding or legal proceeding is pending between Bidder and BSNL regarding the claim. 4. We, the Bank further agree that the guarantee shall come into force from the date of its issue and shall remain in full force and effect up to its Validity date. 5. The Bank further agrees that the BSNL shall have the fullest liberty without the consent of the Bank and without affecting in any way the obligations hereunder to vary any of the terms and conditions of the said agreement or to extend the time for performance of the said agreement from any of the powers exercisable by BSNL against the Bidder and to forebear to enforce any of the terms and conditions relating to the said agreement and the Bank shall not be relieved from its liability by reason of such failure or extension being granted to Bidder or through any forbearance, act or omission on the part of BSNL or any indulgence by BSNL to Bidder or any other matter or thing whatsoever which under the law relating to sureties would but for this provision have the effect of relieving or discharging the guarantor. 6. Notwithstanding anything herein contained; (a) The liability of the Bank under this guarantee is restricted to the P.G. Amount and it will remain in force up to its Validity date. (b) The guarantee shall stand completely discharged and all rights of the BSNL under this Guarantee shall be extinguished if no claim or demand is made on us in writing on or before its validity date.


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7. In case BSNL demands for any money under this bank guarantee, the same shall be paid through banker’s Cheque in favour of “AO (Cash), BSNL, GMTD, Valsad” payable at Valsad. 8. The Bank guarantees that the below mentioned officer who have signed it on behalf of the Bank have authority to give this guarantee under its delegated power. Place: …………………………… Date: ………………………….. (Signature of the Bank Officer)

Rubber stamp of the bank Authorized Power of Attorney Number: ………………. Name of the Bank officer: …………………………….. Designation: …………………………………… Complete Postal address of Bank: …………………… ……………………………………………………………… Telephone Numbers …………………………….. Fax numbers ………………………………


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7 (C) LETTER OF AUTHORISATION FOR ATTENDING BID OPENING (To be typed preferably on letter head of the company)

Subject: Authorization for attending Bid opening I/ We Mr. /Ms. …………………………………….. have submitted our bid for the tender no. ………………………….……… in respect of ………………………………………………….. (Item of work) which is due to open on …………………. (date) in the Meeting Room, O/o …………………………………………………………………………………. We hereby authorize Mr./ Ms. ……………………………… ……………………….& Mr. / Ms…………….……………………………………….. ………………………… (alternative) whose signatures are attested below, to attend the bid opening for the tender mentioned above on our behalf. ……………………………………. Signature of the Representative ………………………………… Signature of Bidder/ Officer authorized to sign Name of the Representative on behalf of the Bidder ……………………………………. Signature of the alternative Representative ………………………………………….. Name of the alternative Representative Above Signatures Attested Note 1: Maximum two representatives will be permitted to attend the Bid opening. In cases

where it is restricted to one, first preference will be allowed. Alternate representative will be permitted when regular representatives are not able to attend.

2. Permission for entry to the hall where bids are opened may be refused in case authorization as prescribed above is not received.


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7 (D) AGREEMENT The successful tenderer shall have to execute the following agreement;

Tender no.:- W-6/PLG/VAL/T-140/RF Maintenance Work/2017-18

This agreement made on this ___________________day of (month) __________________ (year) ______________________ Between M/s ______________ herein after called “The Contractor “(Which expression shall unless excluded by or repugnant to the context, include its successors, heir, executors, administrative representative and assignee) of the one part & the BSNL, of other part.

Whereas the BSNL invited Tender through Asst. General Manager (Plg), Valsad Telecom District and the contractor offered to supply /carry out the work of RF Maintenance Work in Valsad Telecom District, as per specification for the period of “One Year” from the date of conclusion of this agreement and whereas the Contractor has accepted the offer on the terms & conditions hereafter mentioned under ASSTT. GENERAL MANAGER (Plg) Valsad Telecom District, letter no ………………………………………………………………………………………………dated _____ Now, therefore, it is hereby agreed by and the parties as follows:-

1. This agreement will remain in force for ONE YEAR from the date of conclusion and is Extendable for period of One Year or part thereof on same terms and conditions thereafter if the General Manager Valsad Telecom District VALSAD so desires.

2 All the terms and condition mentioned in Tender Notice, its Annexure (s) and in accepted

tenders are binding on this contract. The accepted Tenderer is bound to comply with the orders placed by Valsad Telecom District, Valsad in full irrespective of quantities mentioned in the tender Notice.

3. The Contractor shall not transfer or sublet the contract without previous consent in writing of

the Asst. General Manager (Plg), Valsad Telecom District.

4. The Contractor has paid Security Deposit of RS /- ( ) vide (for 36 Months) Vide receipt No. Dated:

This deposit would to liable to be “Forfeited “in the event of the contractor not complying with any Terms & Conditions of the agreement Interest will not be allowed on this amount. It will returned only after satisfactory completion of the contract and settlement of all outstanding dues.

5. No one connected with or in the Employment of BSNL shall be admitted by the contractor as

a partner or have any interest in this contract. In the event of the contractor being adjudged involvement or in the event of his failing to comply with any of the terms and conditions mentioned here in the Dy. General Manager will have powers to terminate the contract after giving Two week notice.

6. The BSNL shall be at liberty to terminate this agreement at any time by giving One month” s

notice in writing without assigning any reason (s). The BSNL shall not be responsible for any loss, damage etc, as a result of the termination of the contract. The BSNL shall be free to take action against the Contractor for the payment of dues Entering in to partnership without written permission General Manager Valsad Telecom District, VALSAD with another party /parties for carrying out this contract after the tender offer is accepted or after the contract is finalized will invalidate the contract which can be terminated with notice on this account by Dy. General Manager (CM), Valsad Telecom District, Valsad.

7. If the contractor dies Or any person authorized by him may at this contract, the General

Manager Telecom District, Valsad or any person authorized by him at his option either


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immediately terminate this agreement or allow the surviving partner and /or the heirs and legal representatives of the contractor to perform and complete the contractor within the stipulated time.

8. In the event of the termination of the agreement as mentioned in Para 6 &7 (Six & Seven)

here of the contractor or his heirs legal and representative shall have no claim for compensation or otherwise for any loss sustained by the contractor by reason of his having purchase or procured any accessories or entered in to any agreement or made any advances on account of or with a view to supply the prescribed materials to the Valsad Telecom District as per the agreement.

9. The Contractor shall not be held responsible for the delay in Repairing /Maintenance under

the terms & conditions of this agreement for reasons beyond his control i.e. civil war strike, riots and natural calamities.

10. Any sum of money due or payable to the contractor including “Security Deposit “ may be

appropriated by the BSNL and set off against any claim of the BSNL for the payment of money arising out of or under any other contract made by the Contractor with the BSNL.

11. The Contractor shall be paid at appropriate rates specified by him in the tender submitted by

him at approved by this office which his mentioned in “ANNEXURE “to this contract.

12. Rate in respect of RF Maintenance Work and other allied work quoted in both figures and words against each items shown in the tender submitted , will hold good for the entire Period of “ONE YEAR” from the date of conclusion of agreement as well as for ONE Year more in addition , if the period is extended by the General Manager Telecom District, Valsad . And no revision of rates due to market fluctuations or increase in Government taxes or for whatsoever reason (s) will be allowed during the entire period of agreement.

13. If the service to any officer is not approved by him, being not to approved quality, workman

ship etc, the necessary action will be taken as per tender conditions.

14. IMPORTANT CLAUSE: If the approved tenderer fails to supply any of the essentials for the accepted work or fails to attend the work as per terms & condition of the tender notice, tender as a whole will be terminated and his “Security DEPOSIT” will be “forfeited “in addition he will be “Black Listed “and debarred from participating and acceptance of any of the future tenders in progress of finalization on for entire Valsad Telecom District.

15. ARBITRATION CLAUSE: In the event of any question, dispute or difference arising under this agreement or in connection therewith except as to the matter the decision to which is specifically provided under this agreement, the same shall be referred to sole arbitration of the General Manager Telecommunication, Valsad or in case his designation is changed or his office is abolished then in such case to the sole arbitration of the officer for the time being entrusted (whether in addition to his own duties or otherwise) with the functions of the General Manager Telecommunication, Valsad or by whatever designation such officers may be called (hereinafter referred to as the said officer) and if the General Manager Telecommunication, Valsad Telecom District or the said officer is unable or unwilling to act as such, than to the sole arbitration of some other person appointed by the General Manager Telecommunication, Valsad or the said officer. The agreement to appoint an arbitrator will be in accordance with the Arbitration and Conciliation Act 1996. There will be no objection to any such appointment on the ground that the arbitrator is government servant or that he has to deal with the matter to which the agreement relates or that in the course of his duties as government servant he has expressed views on all or any of the matter in dispute. The award of the arbitrator shall be final and binding on both the parties to the agreement. In the


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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, the General Manager Telecommunication, Valsad Telecom District or the said officer shall appoint another person to act as arbitrator in accordance with terms of the agreement and the person so appointed shall be entitled to proceed from the stage at which it was left out by his predecessors. The arbitrator may from time to time with the consent of both the parties enlarge the time for making and publishing the award. Subject to aforesaid Arbitration and Conciliation Act 1996, and the rules made there under any modification thereof for the time being in force shall be deemed to apply to the arbitration proceeding under this clause. The venue of the arbitration proceeding shall be the office of the General Manager Telecommunication, Valsad Telecom District, BHARAT SANCHAR NIGAM LIMITED at Valsad or such other places as the arbitrator may decide.

16. Any notice requiring to be served upon the Contractor under any provisions here shall be

deemed sufficient, if addressed to their usual or last known address and it shall be responsibility of the contractor to keep the office properly informed of any change of his address.

17. In witness where of the parties to this agreement has there in set their respective hands and

seals this day and first above written.

Sr.No. Description /specification of items Rates /conditions

1. 2. 3. 4. 5. 6.

Name of party: Tender No: RRC Period: One year RATE: Performance Security Deposit ( Rs ) Terms & Conditions:

Tender No: W-6/Plg/Val/T-140/ RF maintenance work /2017-18 From: / /2017 to / /2018 As per Annexure Paid vide : Cash/FDR/BG As per Tender Document

Witness: 1. For & On Behalf of Contractor Witness: 1 For & On Behalf of BSNL


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7 (E) EXPERIENCE CERTIFICATE FORMAT No. _______________ Dated__________________ Certified that M/s ________________________________________ has provided the work/supply of

________________________________________________________________________

in the ___________________________________________________________ (Name of Organization with

address) Satisfactorily for the period from _______________to________________ as per the Work order

No. ______________________________ of dated____________.

Authorized signatory

Rubber Stamp


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SECTION -8

AGENCY DETAILS (Including performance records, financial viability etc.)

Name and Postal Address of the Bidder

Registered Address of Bidder

Status of the Bidder (i) Proprietorship concern (ii) Partnership firm (iii) HUF (iv) Limited Company

Name of person or authorized signatory for submitting the tender, other documents and empowered for correspondence with BSNL

Bid Security Particulars

DD No. …………………………………….. Amount: ……………………. Name of Bank………………………………… Branch ………..

GST registration particulars

Telephone numbers (with STD Code) of authorized signatory

Office: Residence: Fax: Mobile: E-mail:

Name(s) of Proprietor/ all Partners / all Directors

List of Purchase orders issued by ERSTWHILE DOT/DTS/DTO/BSNL HQs/CGMTS Calcutta and other organisations of BSNL for the offered items, executed by the bidder during last two years. (Attach separate sheet, if required).

Purchase Order No.,

date & Office of Issue

Item Quantity Ordered

Quantity Supplied*

Original Delivery

Date

Extended Delivery

Date

1

2

3

* Please attach certificates of successful execution of the purchase orders indicated above in the form of IC from BSNL QA.


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List of enclosures

i) ..................................................

ii) ..................................................

iii) ....................................................

Signature of the authorised signatory ..........................................................

Name in block letters ...........................................................

In the capacity of ...........................................................

Signature of the Bidder/Authorized Representative


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SCHEDULED OF RATE

(ONLY FOR PHYSICAL WORK)

Sr. No. Work with riggers Quantity

Rate/unit (excluding tax) IN Rs. Unit

1 Antenna Orientation & Tilt per sector 250 377.03 per sector

2 Dismantling of Antenna, per antenna 50 728.92 per antenna

3 Dismantling of Antenna Fixture, (for phase diversity antenna) 30 578.11 per fixture

4 Dismantling of Antenna Fixture, (for space diversity antennae) 10 1281.89 per fixture

5 Installation of Antenna, 50 728.92 per antenna

6 Fixation of Antenna Fixture, (for phase diversity antenna) 30 703.78 per fixture

7 Fixation of Antenna Fixture, (for space diversity antenna) 10 1105.94 per fixture

8 Height lowering of Phase Diversity Antenna along with fixture, 40 1633.78 per sector

9 Hoisting of RF Cable including connectorization 2500 25.14 per meter

10 Removing of RF Cable, 2500 10.05 per meter

11

VSWR fault rectification (includes reconnectorization, jumper cable change & weather proofing) 200 552.97 per sector

12 Weather Proofing, 250 552.97 per Site

13 Checking & correction of RF cable swap 20 427.3 per site

14 Installation of Microwave Dish (Mini Link), 30 1809.72 per Antenna

15 Removing of Microwave Dish (Mini Link), 20 1809.72 per Antenna

16 Microwave Link/radio modem LOS work including ODU installation & IF cable replacement if required 40 1105.94 Per Link

17 ODU Replacement for Minilink, per Antenna 50 452.43 per Antenna

18 Installation of Micro BTS

a Installation of Micro BTS Equipment per unit 10 653.51 per unit

b Laying of RF Cable per meter for Micro BTS (50M /site) 500 15.08 per meter

c Installation of Splitter including connectorization 20 150.81 Per splitter

d Installation of Patch/Panel / Omni antenna with connectorization 10 150.81 per antenna

19 RF Repeater Installation including Yagi / Panel Antenna & RF Cable of 25M 10 728.92 Per repeater

20 Wall mount antenna installation

a Fixing of wall mounting fixture, per fixture 20 728.92 per fixture

b Installation of RF cable tray for wall mounting Antenna per meter 300 25.14 per meter


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21 Laying of IF cable one pair (Max.60 meter each) per hop/Site 10 452 Per site

22 BTS room /shelter cleaning (Per site )/surrounding Grass cutting and cleaning 200 200 Per site

23

Transportation of material including loading & unloading in small vehicle like chhota hathi/tempo 407/Eicher

a

Up to 50 km (in case of more than one loading & unloading location 25% extra will be payable for each additional location ) 30 1332 For 50 KM

b For each additional km beyond 50 km 1000 16.65 Per KM

c

Extra Labour charges for loading /unloading in case of multi stored building Unskilled labour engage per person per day charge based on prevailing minimum wage of central government ( If there is wage revision the will be revise as per central labor commissioner basic rate + EPF + ESI as applicable 100 359

Per Labour/ person

Note: GST will be paid extra


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SECTION – 9 (Part A)

BID FORM

To From: Asstt. General Manager (Plg), ___________________________ 2nd Floor New Telephone Exchange, Halar Road. __________________________ Valsad. Ref: Tender No. ……………………………………………………………………….dated ……………………….. 1. Having examined the above mentioned tender enquiry document including amendment/

clarification/ addenda Nos. ...................... Dated …………….. ……………the receipt of which is hereby duly acknowledged, we, the undersigned, offer to supply and deliver .............................................. in conformity with the said drawings, conditions of contract and specifications for the sum shown in the schedule of prices attached herewith and made part of the financial Bid.

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

3. We agree to abide by this Bid for a period of 150 days from the date fixed for Bid opening or for subsequently extended period, if any, agreed to by us. This bid shall remain binding upon us up to the aforesaid period.

4. We understand that you are not bound to accept the lowest or any bid, you may receive. 5. If our Bid is accepted, we will provide you with a performance guarantee from a Scheduled

Bank/ Nationalize Bank for a sum @ 5% of the contract value for the due performance of the contract.

6. If our Bid is accepted, we undertake to complete delivery of all the items and perform all the services specified in the contract.

7. Until a formal Work Order of Contract is prepared and executed, this Bid together with your written acceptance thereof in your notification of award shall constitute a binding contract between us.

Dated this .............................. day of ........................ 2017

Signature …………………………. Witness Name …………………………….. Signature…………………………. In the capacity of ……………………… Name …………………………….. Duly authorized to sign the bid for and Address................................... On behalf of ................................. .......


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CHECK LIST FOR THE BIDDERS

Please ensure that all documents are fully authenticated by the Authorized Signatory with his signature with official seal. Offer is liable to be rejected, if enclosed documents are not authenticated. Documents forming part of the bid: -

Sl.No. Documents to compulsory submitted offline and Copy to be

uploaded on E-tender portal Submitted YES/NO

1 Tender Fee Rs. 590/- 2

Bid Security Rs.19,652/-paid vide DD or Cash or Bank Guarantee 3 Power of Attorney attested by Notary Public or Registered with Sub

Registrar in favour of the signatory signing the offer and documents as per Clause no. 14.3 of Section-3

4 Latest and valid MSME or NSIC Certificate duly certified by MSE or NSIC if applicable

5 Form for Educational Bidders Sr. No

Documents to submitted online in E-tender portal Submitted

YES/NO 1 Firm Registration Certificate or Certificate of Incorporation or Shop and

Establishment Certificate or GST Registration 2 Articles of Memorandum of Association or Partnership Deed or

Proprietorship Deed as the case may be. In case of proprietorship firms an affidavit of that effect should be submitted along with the bid

3 Certificate of experience as mentioned in eligibility criteria

4 The Bidder shall furnish ITR or Annual Audit Report of last three years with a turnover of Rs. 7.5 Lacs per year (i.e, 2014-15, 2015-16, 2016-17) OR Solvency Certificate for Rs. 2 Lacs from the banker of the tenderer as an evidence that he has the financial capability to perform the contract. The Solvency Certificate shall not be older than the date of issue of NIT

5 GST registration or affidavit

6 EPF Registration or affidavit

7 ESI Registration or affidavit

8 Copy of PAN card

9 Copy of Valid Labour license/Undertaking 10 Agency Details

11 Letter of Authorization

12 Under taking and Declaration as per Section 6-Part A

13 Declaration Regarding No Relative Working In BSNL ,Section-6 Part-B

14 All pages of the tender documents must be signed with stamp by authorized signatory before submission.

15 Copy of Bid Form in Section-9 Part A

16 Form for Education Bidders (Sheet 1 & Sheet 2 as per section 10)

17 Any other supporting documents asked for in bid document


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SECTION – 9

FINANCIAL BID (Part B)

PRICE SCHEDULE

To, The Assistant General Manager (Plg) 2nd Floor New Telephone Exchange, Halar Road, Valsad. Sub: Our Financial Bid for Tender No: W-6/Plg/Val/T-140/ RF Maintenance work /2017-18

dated 18.11.2017 for RF Maintenance Work in Valsad Telecom District

Sir, Having examined the tender documents, terms and conditions stipulated therein

specification of work etc., we, the undersigned offer to execute the RF RF Maintenance Work in Valsad Telecom District with the said specifications and condition of the contract as mention in SOR in description of item where applicable at the percentage (Above, Below & At Par) on standard Schedule rates (SOR) given in Schedule of Rate sheet as under.

RATES QUOTED

Zone Jurisdiction of work

Estimated

cost of work

(in Rs.)

PERCENTAGE

BELOW SOR AT

PAR

SOR

PERCENTAGE

ABOVE SOR

IN

FIGURE

IN

WORDS

IN

FIGURE

IN

WORDS

I Valsad SSA

9,82,600/-

If our Bid is accepted, we shall submit the securities as per the conditions mentioned in the

contract, we agree to abide by this Bid for a period of 150 days from the date of opening of

qualifying bid and it shall remain binding upon us and may be accepted at any time before the

expiry of that period.

If bidder wishes to quote the rate AT PAR, the column should be filled as “AT PAR”

*I hereby certify that I have offered rates for Valsad SSA and the bid security of Total

Rs……………………….…….….. in the form of DD/ Banker’s cheque/ Bank guarantee is already

submitted in the Envelope.

GSTshall be paid extra as per prevailing rate and revised time to time by the government

Dated ………/……../ Signature of Bidder:

Place: -

Name of Bidder & Seal:


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SECTION – 10 (Sheet 1)

FORM FOR EDUCATIONNAL BIDDERS

(APPLICABLE ONLY FOR EDUCATIONAL BIDDER)

a) Name & address of bidder :

b) Bidders profile (AS PER ATTACHED SHEET-2)

c) EMD Details: Bid Security is to be paid in the form of crossed demand draft issued by any

Scheduled bank, drawn in favour of Accounts Officer (Cash), BSNL GMTD Valsad, payable at

Valsad.

DD NO & Date: -

Name of Bank:-

d) DECLARATION:

I hereby declare that I have read all terms and conditions of the tender No:

______________________________________________________________________dtd ___________

for RF Cable Maintenance work. I will abide by these conditions. I will execute agreement to this effect

at the time of award of work.

Note: 1. The no of educational bidders in any particular section will be limited to maximum 2 (Two).

The decision of BSNL Authorities about distribution of work will be final in this regard.

2. In case the bidder fails to enter in to agreement and does not deposit the require security,

his EMD will be forfeited.

*(The bidder has to submit his application inside an envelope super scribed as “Application for

‘RF Cable maintenance work in Valsad SSA’ under educational order offline and should also upload the

scanned copy of the application online.”

The application must be submitted within the specified time of bid submission as per NIT.)


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SECTION – 10 (Sheet 2) FORM FOR EDUCATIONNAL BIDDERS

AGENCY DETAILS

(Including performance records, financial viability etc.)

Name and Postal Address of the Bidder

Registered Address of Bidder

Status of the Bidder (i) Proprietorship concern (ii) Partnership firm (iii) HUF (iv) Limited Company

Name of person or authorized signatory for submitting the tender, other documents and empowered for correspondence with BSNL

Bid Security Particulars

DD No. …………………………………….. Amount: ……………………. Name of Bank………………………………… Branch ………..

GST registration particulars

Telephone numbers (with STD Code) of authorized signatory

Office: Residence: Fax: Mobile: E-mail:

Name(s) of Proprietor/ all Partners / all Directors

List of enclosures

i) ..................................................

ii) ..................................................

iii) ....................................................

Signature of the authorised signatory ..........................................................

Name in block letters ...........................................................

In the capacity of ...........................................................