bharat sanchar nigam limited - 210.212.239.99210.212.239.99/.../o_8201713_tvm_externalzone1.pdf ·...
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1
Signature of bidder
BHARAT SANCHAR NIGAM LIMITED
(A Govt. Of India Enterprise) Office of the Principal General Manager TelecomBusiness Area,
BSNL , Thiruvananthapuram-695001.
E-Tender Document
E-Tender for
the Supply of Man Power Assistance for External plant under Zone I Thiruvananthapuram BA
TVM BA/Tender/Manpower assistant/2017-18/ dated at Trivandrum the 29-07-2017
Cost of Tender document : For Zone I (PJP,MCD,SKM,VLBM) – Rs.2360 /-
2
Signature of
bidder
INDEX
No. Chapter
Annexure Page no.
1. NIT 3
2. Section I E-Tendering instructions to bidders 5
3. Section-II Terms and Conditions
10
4. Section-III General Conditions 32
5. Section-IV Special Conditions 35
6. Check list I 37
7. Bidders profile. II 38
8. Letter of authorization.
III 39
9. Bid Form. IV 40
10 Agreement V 41
11. Service to be provided by the contractor or his/ her
representatives VI 58
12 ECS Mandate . VII 59
13. Certificate of No Near relative VIII 60
14. Certificate for tender document downloaded from web
site . Financial Bid ( Rate Schedule) IX 61
15 EMD,SD, Approximate number of Manpower required. X 62
16 Name of Zone.(Divisions &SubDivisions) XI 63
17 Financial Bid XII 64
Signature of bidder
3
BHARAT SANCHAR NIGAM LIMITED
(A Govt. Of India Enterprise) Office of the Principal General Manager TelecomBusiness Area, BSNL, Thiruvananthapuram-
695001
TVM BA/Tender/Manpower Assistant/2017-18/ dated at Trivandrum the 29-07-2017
NOTICE INVITING TENDER
e-Tenders are invited for and on behalf of the Chairman and Managing Director, Bharat
Sanchar Nigam Limited by Principal General Manager, Telecom Business Area ,
Thiruvananthapuram from eligible and experienced firms/individuals having Labour license,
EPF, ESI and GST registration, for providing Manpower assistance for External Plant
maintenance. The manpower to be supplied under this tender will be utilised for external plant
maintenance in the telephone exchange areas in Thiruvananthapuram Telecom Business Area.
The estimated requirement of manpower is furnished in Annexure X of the tender document.(It
may vary +/-25%)
Tender No. Cost of tender EMD in
Document in Rs,. Rs.
TVM BA/Tender/Manpower
Assistant/2017-18/ dated at
Trivandrum the 29-07-2017
2,360 5,46,000
The fee for the tender documents may be paid in the form of crossed DD from any nationalized/
Scheduled bank payable at Trivandrum, drawn in favour of Accounts Officer (Cash), O/o
PGMT,BSNL,Trivandrum. Tender Document can be downloaded from website
www.tenderwizard.com/BSNL & www.kerala.bsnl.co.in in which, the cost of tender
document should be enclosed in the form of a DD along with the tender documents and the
same will be submitted to O/o PGMT, Uppalam Road,Trivandrum-01 for physical submission
and scanned copy of the same may be submitted online. Tender processing fee in the form of
e-payment may be submitted to ITI. Successful bidder has to submit the details of their
bills upload to GSTN site for claiming payment . Bidders also have to submit EMD along with the Tender Document. Firms
registered under NSIC (for the same work)are exempted from remitting EMD for the specific
work on production of valid certificate. The payment will be accepted in the form of Crossed
Demand Draft drawn on any nationalized/ scheduled bank payable at Trivandrum , in favour of
Accounts Officer(Cash), O/o PGMT, BSNL, Trivandrum - 1.
Signature of bidder
4
Availability of Tender document for downloading 11-08-2017to
07-09-2017 at 14.00 Hrs.
Last date and time of online submission of Tender
documents .
07-09-2017 at 15.00 Hrs.
Last date and time for submission of Tender
Document, EMD and cost of bid document in
original in sealed envelope at BSNL office
08-09-2017at 14.00Hrs.
Time and date of opening of Technical bid 08-09-2017at 15.00Hrs
The List of Divisions and sub Divisions under Zone I, of Trivandrum BA where the services are
required are furnished in Annexure-X. Tenderers may physically assess the nature and
quantum of work and the manpower required to complete the work, separately for each stations
in consultation with concerned Divisional Engineers.
If the date of opening through online of e-Tender happens to be a holiday, tenders will be
opened at the same time on the next working day. All tenders failing to fulfill the prescribed
conditions or are incomplete shall be summarily rejected. PRINCIPAL GENERAL
MANAGER TELECOM Business Area, BSNL, Thiruvananthapuram reserves the right to
cancel the tender at any stage without assigning any reason.
Sd/-
Assistant General Manager (Tender) O/o PGMT, BSNL Bhavan
Thiruvananthapuram
Telephone No.0471-2576011.
Signature of bidder
5
SECTION I
E-tendering Instructions to Bidders
Note :-The instructions given below are ITI’s e-tender portal centric and for e-tenders invited by O/o
PGM, ,BSNL ,Trivandrum BA, Kerala Telecom Circle .
General :- . Submission of Bids through online process is mandatory for this Tender. For conducting electronic
tendering, BSNL, Kerala Telecom Circle, Trivandrum is using the portal
(https://www.tenderwizard.com/BSNL) of M/s ITI , a Government of India Undertaking.
1. Tender Bidding Methodology: Sealed Bid System –‘Two Stage – Using Two Envelope’, i.e. 1) Technical Bid & 2)
Financial bid shall be submitted by the bidder at the same time on the portal. 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 Technical & Financial
Part as specified in the tender document.
9. View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond to BSNL’s Post-TOE
queries.
10. Participate in e-Reverse Auction on ETS (if applicable)
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.
Note 1: It is advised that all the documents to be submitted are to be kept scanned and converted to
PDF format in a separate folder on your computer before starting online submission. Financial
Bid (Excel Format) may be downloaded and rates may be filled appropriately. This file may
also be saved in a secret folder on your computer.
Note 2: While uploading the documents ,it should be ensured that the file name should be the name of
the document itself.
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 3 or above, issued by a Certifying Authority (CA)
licensed by Controller of Certifying Authorities (CCA) [refer http://www.cca.gov.in].
Signature of bidder
6
(a) Registration
Tender document can be downloaded from the website: www.tenderwizard.com/BSNL and to
be submitted in the e-format as well as by post/courier/by hand. Cost of Tender Document (in the
form of DD) and Bid Security (in the form of Bank Guarantee in original) ,Power of Attorney in
original along with the hard copies of all documents which are uploaded in the e –tender portal and
the same should be submitted to AGM (Tender),O/o PGM, Uppalam RoadTrivandrum-01 , before
the scheduled date and time of submission of the tender, otherwise the Bid will not be considered.
Amendments, if any, to the tender document will be notified in the above website as and when
such amendments are notified. It is the responsibility of the bidders who have downloaded the
tender document from the website to keep themselves abreast of such amendments before
submitting the tender document.
Intending bidders are requested to register themselves with M/s. ITI through
www.tenderwizard.com/BSNL for obtaining user-id, Digital Signature etc., by paying Vendor
registration fee. Tender processing fee payment should be done during requisition of tender
on line.
BSNL has decided to use process of e-tendering for inviting this tender and thus the physical copy of the
tender would not be sold.
Note: After successful submission of Registration details and Vendor registration fee and processing
fee ( as applicable). please contact ITI Helpdesk (as given below), to get your registration
accepted/activated.
ITI Helpdesk
Address Details
Telephone/Mobile
Nos.
Mr Dhanraj Prakash 09686115308 e-mail
Mr .Sanil 09747363433 e.mail [email protected]
[between 9:30 hrs to 18:00 hrs on working days]
E-mail ID
BSNL’s Contact Person
AGM.(Tender), O/o PGM,BSNL Bhavan, Uppalam Road ,
Trivandrum-01.
Thiruvananthapuram-40
Telephone/ Mobile 9447001111
E-mail ID [email protected]
5. Bidding related Information for E- Tender (Sealed Bid)
The entire bid-submission would be online on ETS. Broad outline of submissions are as follows:
The documents should be uploaded as follows
Signature of bidder
7
During “Request “ stage of uploading ,upload the following documents only.
1. DD for Tender Fee as per DNIT (Scanned copy on e-Tendering Portal and Physically to Tender
Inviting Officer in case of e-Tender).
2. Bank Guarantee/DD for EMD as per DNIT (Scanned copy on e-Tendering Portal and
Physically to Tender Inviting Officer in case of e-Tender).
3. Valid NSIC/ MSE Certificate, if applicable. In case the ownership of such MSE Entrepreneurs
happens to be from SC/ST category, proof in this regard also need to be submitted.
4. Valid PAN No.
5. Self attested copy of Labour Licence certificate.
6. Self attested copy of ESI registration certificate.
7. Self attested copy of EPF registration certificate.
8 Self attested copy of GST registration certificate.
9. Power of Attorney (if applicable) .Scanned copy on E-Tendering Portal and original to be
submitted to Tender Inviting Officer in case of e-Tender.
9. Scanned copy of all required certificates as per clause 5.2 of Section-II
10 Article of Memorandum of Association or Partnership deed or Proprietorship deed (if
applicable)
11. Proof of experience (Scanned copy on E-Tendering Portal and original to be submitted to
Tender Inviting Officer in case of e-Tender)
12. Proof of office at Trivandrum.
During “submission” stage, upload the remaining documents alone.
6. Offline Submissions of Eligibility Certifying Documents:
The bidder is requested to submit the all the documents related to eligibility (originals) offline to
AGM (Tender) , O/o PGM,BSNL Bhavan, Uppalam Road,Trivandrum-01,as specified in the
Tender document,
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. Specifically for Bid Submission, some security related
aspects are outlined below:
As part of the Electronic Encrypt functionality, the contents of both the ‘Electronic Forms’ and the
‘Main-Bid’ are securely encrypted using a Pass-phrase created by the server itself. The Pass phrase is
more difficult to break. 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.
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.
Signature of bidder
8
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 Financial Comparison Chart (after financial evaluation) enhance
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.
9. E-Reverse Auction (NOT APPLICABLE)
E-Reverse Auction would be conducted on unit/total package/net cost to BSNL value for bid evaluation,
subsequently after the opening of the Financial Part.
The following would be parameters for e-Reverse Auction
Sl No Parameter Value
1. Date and Time of reverse Auction bidding event Will be intimated to
Technically Responsive
bidders after the opening of
financial part
2 Duration of Reverse –Auction bidding event ……………(typically 1 to 2)
hours.
3 Automatic extension of the Reverse –Auction
Closing Time, if last bid received is within a pre-
defined Time Duration before the Reverse
Auction closing Time
Yes
3.1 Pre defined Time Duration …………xx Minutes
(typically 05 minutes)
3.2 Time Duration of Automatic extension ………….yy Minutes
(Typically 10 minutes)
3.3 Maximum number of Auto Extensions ……….nn Automatic
Exensions (Typically 04 to 06
extensions)
4 Criteria of bid acceptance Beat on starting last quoted
price as well as Beat on Rank-
1 Bid Value
5 Entity start price Unit/total package/net cost to
BSNL ( To be decided by
planning cell)
6 Minimum bid decrement …………..(Value in
currency) to be decided by
planning cell
Signature of bidder
9
7 Display of Pseudo identity of bidders during
bidding period
Tot all Bidders, as well as
BSNL’s officers
8 Display of Bidder’s own current Rank Yes Note: Parameters at Sl No. 5 and 6 shall be confirmed after Opening & Evaluation of Financial bid parts. 10. Other Instructions
For further instructions, the vendor should visit the home-page of the portal
(https://www.tenderwizard.com/BSNL).
Important Note: It is strongly recommended that all authorized users of Supplier organizations 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:
(i) Obtain individual Digital Signing Certificate (DSC or DC) well in advance of your first
tender submission deadline on ETS
(ii) Register your organization on ETS well in advance of your first tender submission
deadline on ETS
(iii) Get your organization’s concerned executives trained on ETS well in advance of your
first tender submission deadline on ETS
(iv) Submit your bids well in advance of tender submission deadline on ETS .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 (Min P IV, 1 GB RAM, Windows (XP)
Broadband connectivity. Microsoft Internet Explorer 6.0 or above and Digital Certificate(s)
12. Vendors Training Program
Vendors may contact the ITI Helpdesk personnel given in clause 4 of Section I Part C , for any type
of training/help, which they may require while uploading the bids.
Signature of bidder
10
SECTION-II BHARAT SANCHAR NIGAM LIMITED
(A Govt. of India Enterprise) Office of the Principal General Manager TelecomBusiness Area,
BSNL, Thiruvananthapuram TVM BA/e-Tender/Manpower assistant/2017-18/ dated at Trivandrum the 29-07-2017
TERMS AND CONDITIONS
1. PREAMBLE
For and on behalf of CMD, BSNL, New Delhi, the Principal General Manager, BSNL, Thiruvananthapuram invites E-Tenders from eligible and experienced firms/individuals for Providing Man power assistance for works related to External Plant of BSNL Telecom Network. The manpower to be supplied under this e-tender will be utilized for assisting Telecom Mechanics/JTO/SDE for works required in external plant under the telephone exchange areas falling within the territorial jurisdiction of Thiruvananthapuram TelecomBusiness Area and for assisting installation of such external systems as may be needed.
2. ELIGIBILTY CRITERIA
2.1. Bidders must possess a minimum experience of supplying manpower for
works of similar nature for a period of not less than one year for any
Government/Public sector organization or any other telecom service provider
any time during the past five years immediately preceding the date of
submission of bid. The contractors having preferably one year experience in
supply of manpower in Telecom network are also eligible for participating in this
tender subject to fulfillment of all other eligibility criteria. Experienced
Registered/Licensed agencies or Firms or Contractors or Labour Co-operative
Societies for providing services for house keeping also eligible.
2.2 Valid Labour license from the competent authority of Labour Department.
2.3 EPF/ESI Registration Certificate/Latest EPF/ESI payment certificate.
2.4 Income tax return, PAN, GST Registration Certificate.
2.5 Bidder must have an office at Trivandrum.
2.6 PGM, BSNL,Trivandrum reserves the right to modify the eligibility conditions, if none
of the bidders fulfill the required eligibility conditions.
3. SCOPE OF THE CONTRACT
3.1 This tender is for Providing Man power assistance for External Plant maintenance in
the telephone exchange areas falling within the territorial jurisdiction of Thiruvananthapuram TelecomBusiness Area.
3.2 This tender is intended to provide manpower assistance for zone 1
(PJP,MCD,SKM,VLBM) of Thiruvananthapuram BA as detailed in the Annexure
XI. Bidders can bid the zone by submitting Tender Document with EMD.
Signature of bidder
11
3.3 This contract is valid for one year from the date of signing the agreement and can be
extended for 6 months under the same terms and conditions or till the finalization of the new tender, whichever is earlier, at the discretion of the Principal General Manager Business Area, Thiruvananthapuram . 3.4 The estimated requirement of manpower is furnished in Annexure X (it may vary +/-
25%) of the
tender document.
3.5 Those bidder under this tender must have sufficient manpower on hand and should be
able to provide them to the Divisional Engineers in order to deploy them at the level of the
subdivision under his/her jurisdiction as indicated in Annexure- XI.
3.6 Manpower shall be provided for whole month throughout the contract period as required
by BSNL subject to the estimated requirements and variances stipulated under this tender.
The work in charge can decide with intimation over phone to the contractor to dispense
with the service on any particular day or days, if assistance was felt not required or if it is
felt not advisable to take up external work on such days.
3.7 The Divisional Engineers will allot the workmen to subordinate officers under their
control who are in charge of external plant maintenance in each telephone exchange area.
List of Sub divisions in the Zone is furnished in the ANNEXURE-XI.
3.8 BSNL will supply materials like Drop wires, Cables and Jointing Kits required for cable
Jointing/ Other maintenance work besides all consumables needed for cable jointing like
cotton waste, kerosene, sleeves etc.
3.9 Tools required for excavating and reinstating cable pits, Cable tent and protecting
devices etc will not be supplied by BSNL. These will be provided by the contractor
directly to the workmen and BSNL shall not be responsible in any way for making
available or maintaining such tools.
3.10 .Divisional Engineer will have full powers to deploy, redeploy, rearrange manpower
assistance in various exchanges under his jurisdiction .
3.11 .The workman supplied by the contractor is expected to provide work assistance in
the entire jurisdiction of the exchange area as may be decided by the JTO/SDE/DE. Work
man is required to reach the site at his own expense at the time and place as may be
indicated by the work in charge. It is the responsibility of the contractor to provide
manpower in the required place of work in subdivision. No conveyance allowance on that
behalf can be entertained .
3.12 .The contractor shall ensure provision of necessary safety devices to the workmen for
discharge of services.
3.13 . The contractor shall be responsible for the provision of man power assistance at such
places (normally the exchange area or area falling within a subdivision/division) and at
such timings as may be fixed by the SDE/DE concerned.
4. ISSUE OF TENDER FORM/SCHEDULE
Signature of bidder
12
4.1 The bid shall be submitted the Zone. The cost tender form is Rs.2360/-for Zone-I
4.2 Tender Document can be downloaded from the above mentioned websites. Cost of
tender form can be remitted as a Demand Draft obtained from any Public Sector/
Scheduled Bank drawn in favour of “The Accounts Officer (Cash), BSNL,
Thiruvananthapuram” payable at Thiruvananthapuram. Those downloaded Tender
document from the website with, a Demand Draft as mentioned above covering the cost
4.3 of tender document and EMD must accompany the bid. DD towards the cost of the
tender document must be kept in the envelope carrying the technical bid.The scanned
copy of the DD should be uploaded online in the relevant site. Such bid not enclosed
with cost of Tender Document and EMD shall be summarily rejected.
4.3. The tender document is not transferable and its cost once paid will not be refunded
under any circumstances.
4.4. Any clarifications / explanations required with regard to any provision of this tender
or in relation to the nature of work on which the manpower supplied would be engaged can be
obtained from the AGM(MM&Tender) at the O/o PGMT, BSNL, Triandrum up to three clear
days prior to the last date prescribed for the submission of the bids
5. SUBMISSION OF BIDS
5.1 Method of Preparation of Bid
5.1.1 Tender shall be submitted in two sealed envelopes as mentioned below and
placed inside an outer sealed envelope. Each envelope must be superscribed
with the Zone Number in figures and words , Technical and Financial Bids
respectively .
“Tender for Supply of Man Power Assistance in External Plant Maintenance – <Zone No. 1 ( One) >. Technical Bid.
Envelopes Contents of the Envelope
This envelope shall carry all pages of the tender document except Financial
Bid ( Rate Schedule) sheet , DDs. and other documents required to be
I. Technical Bid submitted as per clause 5.2 This envelope shall be superscribed as
“Technical Bid” in addition to the mandatory general
superscription required as mentioned in Para 5.1.1 above.
Only Financial Bid (Rate Schedule) sheet at Annexure X in the
tender document , duly completed.
II. Financial Bid In addition to the general superscription of the envelopes as required
under 5.1.1, this envelope shall be superscribed prominently as
“Financial Bid’.
5.1.2 Bids prepared as above shall be scanned and uploaded to the website
www.tenderwizard.com/BSNL, as mentioned in Section-I and the same may be dropped
in to the tender box provided for the purpose kept with the Assistant General Manager
(Tender), Office of the Principal General Manager TelecomBusiness Area, BSNL
Bhavan, Uppalam Road,Statue,Thiruvananthapuram-695001 on the day as mentioned in
the tender document.. 5.1.3 The bids can also be sent by Registered Post addressed to “Assistant General Manager
Signature of bidder
13
(Tender), Office of the Principal General Manager TelecomBusiness Area, BSNL
Bhavan, Uppalam Road, Statue, Thiruvananthapuram-695001 so as to reach before the
time fixed for receipt of the tender document as indicated in page 4 of this NIT. Such
bids, if received after the scheduled closing time for receipt of tenders, will be
returned to the respective tenderers, irrespective of the reasons for such late receipt.
5.1.4 The Tenderer shall upload tender form duly filled in and signed on all pages along
with EMD. In respect of tender documents downloaded from the above mentioned
websites, the cost of the tender document in the form of Demand Draft as prescribed
shall also be submitted as part of the Technical Bid. 5.1.5 All over writing/ erasures/ corrections in the bid shall be attested with date by the person
signing the bid.
5.1.6 Bids shall be received only up to the closing date & time prescribed in the NIT. In
case the closing date prescribed happens to be an official holiday for the BSNL office,
the next working day the tender can be submitted and the bids will be opened on the
same date and time. However any bid received after the closing time and date shall be
rejected irrespective of the reasons for delay.
5.1.7 No acknowledgements shall be issued by BSNL for tenders received, irrespective of the
channel through which it is submitted.
5.1.8 Period of validity of bid will be 180 days from the date of opening of tenders unless
extended.
5.2 List of documents to be submitted:
5.2.1 For Technical Bid. (All documents should be scanned and uploaded to
www.tenderwizard.com/BSNL and the original should be submitted to BSNL ,as
per the date specified.,)
(a) Tender documents in original, duly filled in and signed by the tenderer on each
page.
(b) Bid Security [EMD] DD.
(c) DD for the cost of Tender Document.
(d) Check list. (Annexure I)
(e) Tenderer’s profile.( Annexure II)
(f) Experience certificate to establish eligibility criterion.
(g) Self Attested copy of ESI registration. (However this can be exempted for
Signature of bidder
14
submission of bid, if a declaration is made stating that the registration will be
done and submitted within one month in case the tender is awarded.)
(h) Self Attested copy of EPF registration.
(i) Self attested copy of GST Registration certificate
(j) Certificate of no near relatives in BSNL. ( Annexure VIII)
(k) Self attested copy of copy of PAN Card.
(l) Letter of authorization, if any. ( Annexure III)
(m) Office details at Trivandrum.
(n)Attested copy of Memorandum of association and articles of Association in case
of Ltd. company.
(o)Attested copy of Partnership Deed in case of partnership firms.
(p)Attested copy of “Power of Attorney” in case person other than the tenderers has
signed the tender documents.
(q)Mandate form for ECS/EFT (Annexure – VII)
(r)Copy of Labour registration certificate/ licence issued by competent authority in
respect of contract works carried out by the bidder within the last five years
reckoning from the date of tender.
(Experience certificate as required in eligibility criteria (f), issued by the competent authority, not below
the rank of ‘Gr.A’ or equivalent in MTNL/BSNL/PSU. In respect of experience certificate of other
telecom service providers, it must be issued by the operation heads of telecom circle/license
area/Regional head).
(Attestation should be done by ‘Gr A’ officer in BSNL/ Gazetted Officer of Central/State Govt.)
5.2.2 Financial Bid envelope shall contain Only Financial Bid ( Rate Schedule ) Sheet at
Annexure X
6 BID PRICE
6.1 The bidder has to quote Service Charges only per person per hour of working
(Exclusive of GST ). Bids will be evaluated based on this. The bidder shall quote
the rate strictly in conformity with the requirement as indicated in the rate
schedule.
6.2 The rate shall be quoted both in words and figures. If there is difference between
the rates furnished in words and figures the amount given in words shall prevail.
Any corrections / erasures in the bid made by the bidder shall be signed by the
persons signing the bid.
Signature of bidder
15
6.3 No modifications are allowed on the tender document and no overwriting shall be
admissible in the Financial Bid.
6.4 . The successful bidder is liable to pay wages to the workers based on the
minimum wages prescribed by the Government of India based on VDA rates
or the rate prescribed by the Govt: of State which ever is higher. Payment of
the monthly bills will be worked out on the basis of actual number of days worked
by each personnel multiplied by the total amount in accordance with the rate
schedule in the Financial Bid. The basic rate includes factor for payment of weekly
off also. The national holidays and other festival holidays shall be paid holidays
for the workers.
6.5 The Contractor shall pay the wages to the personnel on or before the 7th
of
every succeeding month or before the date prescribed under labour act for
disbursement of such wages whichever is earlier, irrespective of the date of
payment of Bill by BSNL to the contractor.
6.6 The rate quoted shall be exclusive of GST
6.7 The Service Charges per personnel per working day quoted by the bidder shall
remain fixed during the entire period of contract including the extended period if
any and shall not be subject to variation on any account irrespective of wage
revision/ VDA ordered by competent labour authority.
6.8 Bid submitted with rates quoted in any manner not in conformity with the
stipulation herein shall be summarily rejected.
6.9 The bidder shall ensure payment of minimum wages approved by Regional Labour
Commissioner (Central) or the rate notified by the State from time to time which
ever is higher to every workman supplied under this tender.
6.10 The rate schedule has been prepared assuming that workmen will be engaged on
the basis of current statutory Minimum Wages. The contractor is required to
quote the actual amount to be received above the Minimum wages for an
hour engagement of one workman to meet all the explicit and implicit costs
involved in the tender as ‘Service Charge’. 6.10 The Service Charge quoted shall, among other items, take care of wages, if any to
be paid to the workmen in excess of the statutory minimum wages and other direct and
indirect costs other than the elements of minimum wages as presented in the Financial Bid and
the Service Tax. BSNL shall pay the given elements of statutory Minimum wages as existing
now or revised in future on producing the proof of actual payments.
6.11. BSNL shall engage each workman made available under this tender for normal
duration of eight hours on each day and the service charge as quoted shall be paid for each such
workman. Whenever work men are engaged by BSNL under situations of emergency for more
than eight hours, the service charge will be paid proportionate to the actual hours of
engagement. The work in charge of external plant may fix the time at which the work man
should report the worksite for assistance. The contractor shall also be bound to discharge
obligations as provided under various statutory enactment including the Employees
Provident Fund & Miscellaneous Act, 1952, Employees Pension Scheme, 1995, ESI Act
1948, Contract Labour (Regulation and abolition) Act, 1970, Minimum Wages Act 1948,
Payment of Wages Act 1936, Payment of Bonus Act, 1965, Payment of Gratuity Act, 1972,
Signature of bidder
16
Workmen's compensation Act 1923, Works Contract Act, 1999 and other relevant Acts,
Rules and Regulations in force and as amended from time to time and are in force in the
State where the subject work under this Contract are executed.
6.12. Workers contribution towards EPF should be recovered from the payment
due to the workers every month and remitted to the EPF authority and the receipt of the
same should be submitted along the bill for payment , in addition to the remittance of EPF
contribution from Principal Employer side .Otherwise the bill will not be processed for
payment.
6.13 No child labour will be permitted and the workers age limit should be limited
to 60 ,as per the contract labour act and the same should be ascertained by the
contractor and it is the responsibility of the contractor for limiting the age to
60 years and any dispute arising in this regard should be settled by the
contractor with labour commissioner.
6.14 The contractor must ensure proper attendance and good manners/conduct on
the part of the workmen.
6.15Bidder should have an office at Trivandrum.
7. REJECTION OF BIDS AT THE STAGE OF OPENING
The bids shall be rejected at the stage of opening under the following circumstances:
(a) In the financial bid, the rates are not quoted both in words and figures.
(b) Corrections, if any, made in the financial Bid are not duly attested
(c) Any erasure or overwriting is seen in the financial Bid.
(d) The tender form is not filled up completely and duly signed on all pages.
(e) Any modification is done in the tender document.
(f) Any failure to fulfill all conditions applicable under this tender.
(g) The envelopes containing the bid documents are not superscribed
(h) Bidder is not having office at Trivandrum.
8. EARNEST MONEY DEPOSIT (EMD)
81. EMD is to be paid as per Annexure –X of the tender document, along with the
tender offer.
8.2 EMD can be paid in the form of Demand Draft issued by any
Scheduled/Public Sector Bank and drawn in favour of the Accounts officer
(cash), BSNL, Thiruvananthapuram payable at Thiruvananthapuram .
8.3 The Demand Draft covering the EMD amount shall be enclosed along with the
tender offer as a part of the “Technical Bid” for physical submission .
8.4.The EMD will not carry any interest. 8..5 The Bid shall stand rejected and the EMD shall be forfeited viz.:-
8.5.1. If the tenderer withdraws his offer during the validity period specified by the
bidder in the bid form.
8.5. 2. If the bidder makes any modifications in the terms and conditions mentioned in
the tender documents.
8.5.3 The EMD will be refunded to unsuccessful Tenderers after finalization of the
tender, subject to fulfillment of the required formalities.
Signature of bidder
17
8.6. In the case of successful Tenderers the EMD will be adjusted towards Security
Deposit before executing agreement.
8.7. If a successful tenderer does not pay the Security Deposit and execute the
agreement within the period prescribed under this tender or communicated by or on
behalf of the Principal General Manager, Telecom Business Area
Thiruvananthapuram, then the EMD paid by the bidder will be forfeited to BSNL and
the provisional acceptance of the bid by BSNL shall stand revoked.
9. OPENING OF BIDS
9.1 Tenders will be opened online at 15:00 hours on date as mentioned in NIT and
manually in the cabin of the Asst. General Manager (Tender),O/o the Principal General
Manager TelecomBusiness Area, BSNL , Thiruvananthapuram -695001 or any other officer
authorized for the purpose by the
Principal General Manager, TelecomBusiness Area, Thiruvananthapuram in the
presence of the tenderers or their authorized representative as may be present at the prescribed
time and date of opening of the tender.
9.2a. Technical bid shall be opened online on the date and time specified in the NIT.
9.2 b. Financial bid will be opened on a later date after scrutiny and evaluation of
Technical bids . Bidders qualifying on the technical bid will be selected for financial
Evaluation, under intimation over telephone/SMS to the mobile number given in the
Bidder’s profile.
9.3 Bid shall remain valid for 180 days from date of opening of the bid
(Qualifying Bid).
10. SECURITY DEPOSIT :
10.1 The successful tenderer will be required to remit Security Deposit for an amount equal to
5% of the total contractual value within a period of 21 days from the date of issue of the letter
of intent or within the time limit prescribed by PRINCIPAL GENERAL MANAGER
TELECOM
Business Area, BSNL, Thiruvananthapuram. EMD remitted will be adjusted towards
Security Deposit. The balance Security Deposit shall be remitted by Cash/DD.
10.2 Security Deposit will not bear any interest. Security Deposit shall be made by any of the
following means:
1. By cash to be paid at the counter of the Accounts Officer (Cash), O/o PRINCIPAL
GENERAL MANAGER TELECOMBusiness Area, BSNL, Thiruvananthapuram.
2. By DD issued by any Scheduled/Public Sector Bank drawn in favour of Accounts Officer
(Cash), BSNL, Thiruvananthapuram and payable at Thiruvananthapuram.
4. By Bank guarantee obtained from any Scheduled Public Sector Bank with a validity period
Signature of bidder
18
of 18 months from the date of acceptance of the tender with a provision for extension of
the period of validity if so required by BSNL
10.3 Security deposit will be released on completion of the contract period after getting
necessary “No due and satisfactory completion certificate” from the Divisional engineer and
after 3 months from the expiry date of contract/extended period of contract. Proof of clearance
of all payments due to EPF, ESI and other statutory payments liable under the contract should
be produced along with application for refund of SD.
10.4 Security Deposit of the successful tenderer will be forfeited to BSNL in the
following cases:
10.4.1. If after acceptance of the tender, the tenderer fails to carry out the job in
accordance with the terms and conditions of the tender.
10.4.2. If any damage is caused to any of the property of BSNL or state/central
Govt. property or public property or other private property by the workmen
supplied under this tender.
10.4.3 Any failure or delay to act in accordance with the terms and conditions of the
tender or violation of terms and conditions of contract.
10.4.4 Any action or inaction on the part of the contractor resulting any direct or
indirect loss/damage to BSNL.
10.4.5 Any failure on the part of the contractor to faithfully observe all statutory
requirements and obligations related to employment of workmen under the
contract.
11. TENDER EVALUATION
11.1 The bid evaluation shall be on two stage basis. Technical bids will be opened and
evaluated first and the qualified bids will be selected for financial evaluation, based on the
lowest and reasonable amount quoted. If more than one bidder quotes same rates, the
length of previous experience will be taken into consideration for deciding the bid
appropriate for acceptance. The work will be awarded to the successful bidder after
observing all the required formalities. PGMT is the final authority to decide.
12. AGREEMENT
12.1 The successful Tenderer will be required to execute an agreement on non-
judicial stamped paper of the value of Rs.200/- (Rupees two hundred only) after
remitting the required Security Deposit. Failure of execution of agreement
within a stipulated period or any extended period shall result in the cancellation of
letter of intent and forfeiture of EMD.
12.2 The contract shall be valid for a period of one year from the date of signing the
agreement and will be extended for 6 months on the same terms and
conditions at the discretion of the Principal General Manager TelecomBusiness
Area, Thiruvananthapuram . The contract can be further extended by another 6
months on mutual agreement.
12.3 The Performance of the contractor shall be reviewed every month and BSNL
reserves the right to terminate the contract at any time during the contract period if
Signature of bidder
19
the performance of the contractor, as assessed by the Principal General Manager
Telecom B u s i n e s s A r e a , Thiruvananthapuram is considered unsatisfactory.
In the event of termination of the contract on account of unsatisfactory
performance of the contractor, the Security Deposit made by the contractor shall
stand forfeited without prejudice to the right of BSNL for any other action deemed
fit under the provisions of the contract.
12.4 The contractor shall obtain a valid labour licence under the updated contract
labour (R&A) Act 1970 & 1971, before commencement of the work and
continue to maintain such a licence during the currency of the contract.
13. ADHERENCE TO THE LAWS OF THE LAND:
13.1 The contractor shall comply with the statutory provisions/obligations under all
laws in force.
13.2 The Contractor shall keep a comprehensive record of the workers being
engaged on the work with their full postal address and specimen signatures.
13.3 Record of attendance of the workmen shall be maintained by the contractor and the
officer in charge of the work.
13.4 No unauthorized persons should be allowed to work.
13.5 The Contractor shall fully indemnify BSNL from any claims or injuries to
person or for structural damage to property, arising out of any neglect, default,
carelessness or misconduct on the part of the Contractor or of any of the
workmen made available to BSNL under this tender during the currency of the
contract.
13.6 The contractor shall observe and abide by the Rules and regulation of Labour Act
and other Government enactment as in force from time to time and
indemnify BSNL Thiruvananthapuram from any liability arising out of the
violation or non- compliance of the provision made in the "Contract Labour
(Regulation and Abolition) Act 1970 or any other enactment as in force from time
to time. All the successful tenderers are bound by the labour laws as amended from
time to time and also bound by the various provisions of the said laws.
13.7 The contractor shall observe the provisions of all the relevant laws of the land
pertaining to employment of workers/ labourers and their working conditions,
payment of compensation etc. Any cost/damages/penalties arising out of the
violation of any of law /rules/regulations/orders in relation to the activities
undertaken by the contractor under this tender shall be fully borne by the
contractor and it shall be open for BSNL to recover any sums related to this
from the amount payable/refundable to the contractor.
13.8 In every such case in which by virtue of any provisions of any law or
otherwise, BSNL becomes obliged to pay compensation 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 the Contractor(s) under this
Contract or otherwise. Such recoveries shall be without prejudice to any other
action BSNL m a y initiate against the contractor under the provisions of this
Signature of bidder
20
tender. The bidder continues to be liable for any damages /loss that may arise
due to litigation of workers engaged under the contract or action by any authority
responsible for statutory laws even after expiry of the contract if cause of action is
attributable to the execution of the contract.
14. AWARD OF CONTRACT
BSNL shall consider placement of letter of intent to the tenderer whose offer has
been found technically, commercially and financially acceptable in terms of para.
10. The bidder shall, within 21 days of letter of intent, give his acceptance and
shall furnish the requisite Security Deposit, failing which the letter of intent shall
be deemed withdrawn with the forfeiture of EMD.
15. RIGHTS OF PRINCIPAL GENERAL MANAGER TELECOM
B u s i n e s s A r e a , BSNL, THIRUVANANTHAPURAM.
15.1 The Principal General Manager Telecom Business Area, BSNL
Thiruvananthapuram reserves the right to accept or reject any bid OR to cancel the
bidding process and reject all bids, at any time prior to the award of contract without
assigning any reason and without thereby incurring any liability to the affected bidder or
bidders on the grounds of such action.
15.2 The Principal General Manager Telecom Bus iness Area , BSNL,
Thiruvananthapuram shall be the final authority for deciding successful tenderer and
his decision shall be final and binding on all parties involved in this tender.
15.3 The Principal General Manager Telecom Business Area, BSNL,
Thiruvananthapuram reserves the right to terminate the contract entered into at any
time by giving a written notice of 15 days if the discharge of the contractual
liabilities of the contractor is assessed to be unsatisfactory by the above said officer
or his representatives. Such termination of the contract shall be without prejudice to
any other penal action that may be taken against the contractor within the terms and
conditions of this Tender Documents.
15.4 The Principal General Manager Telecom Bu s i n e s s A r ea , BSNL,
Thiruvananthapuram shall not be held responsible for any loss or damage suffered
by the contractor as a result of the cancellation of the letter of intent or work order.
15.5 The decision with regard to the quality of performance of the contractor shall vest
solely with the Principal General Manager, Telecom Business Area,
Thiruvananthapuram and his decision on it shall be final and binding.
15.6 In the event of the contractor failing to make available manpower support as
required and demanded by BSNL, it shall have the right to obtain the manpower
support from any other sources it chooses and any additional cost over what BSNL
would have incurred, had such manpower been provided by the contractor, shall be
recovered from sums payable/refundable to the
contractor. Penalty equal to the double amount of wages for the day of absence will be
recovered at the discretion of the Principal General Manager Telecom Business Area,
Signature of bidder
21
Thiruvananthapuram in all cases where man power assistance was not supplied by the
contractor for each day of such absence and penalty will be recovered for each such
worker who absented so.
15.7 The quantum of manpower requirement ( Annexure-XI ) is only approximate and
the Principal General Manager Telecom Business Area, BSNL Thiruvananthapuram
reserves the right to decrease or increase the same according to the quantum of work
required to be executed.( I t m a y v a r y b y + / - 2 5 % )
15.8 The Principal General Manager Telecom Business Area, BSNL,
Thiruvananthapuram reserves the right to determine and recover such amount from
the contractor, if the contractor damages any BSNL property or any Government property
or private person’s property or public property or other private property during the
execution of the work.
15.9 The tenderer will be bound by all terms and conditions and specifications as
detailed in the tender documents. Any bid with conditions other than those
specified in the tender document is liable to be summarily rejected. No
modification by the contractor in any of the conditions will be permitted either
before or after the tender is opened.
15.10 The Principal General Manager Telecom B u s i n e s s A r e a , BSNL,
Thiruvananthapuram 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 the bidder.
15.11 The BSNL reserves the right to black list a bidder for a suitable period in case he fails
to honour his bid without sufficient grounds.
16. APPLICATION
Submission of bid against this tender shall bind the bidder for the acceptance of all
the conditions specified herein and in the NIT unless otherwise agreed by BSNL
in writing.
17. WORKMEN
17.1 The contractor shall supply workmen who are adequately healthy and
sufficiently experienced and competent to assist BSNL staff in the maintenance of
external plant of BSNL telecom network. The competency/workmanship of the
workmen should be demonstrated before work in charge who should be convinced
of the capacity of the workmen to assist external maintenance
17.2 The workers provided by the contractor shall be engaged in works related to
external plant maintenance which will include, but not limited to carrying
equipments and tools to site, digging standard pits at the jointing location,
taking test pits, excavating trenches for localization of cable faults, reinstating and
termination in DPs/Pillars etc and the telecom mechanic/external plant incharge
will be the sole authority to decide the nature of assistance the workman is expected
to provide and the contractor and workman should comply the requirement as may
Signature of bidder
22
be required for satisfactory maintenance of the external plant .
17.3 The workmen shall fully cooperate with BSNL staff and carry out the work
strictly in accordance with the instructions/guidance issued by the BSNL staff on
the spot.
17.4 It shall not be open for the contractor or the workmen to question the decision of the
officer in charge of external plant maintenance with regard to the location or the
nature of tasks on which the workmen will be engaged. The workmen shall not
leave the work site till the completion of the work under progress, without the
permission of the work in charge.
17.5 The workmen supplied by the contractor shall be available to BSNL for a
minimum duration of 8 hours a day. In case the workmen already assigned
under this tender becomes unavailable for any reason attributable to the
contractor or the workman concerned for a duration of less than eight hours, the
wages and the service charge payable shall be arrived at on a proportionate basis on
the basis of the number of hours actually engaged.
For the above, the following calculation may be used:
Contract rate for one unit work × no. of hours actually worked by the workman
17.6 While in the normal course the workmen provided under this tender would be
engaged for eight hours per day by BSNL, and in emergency situations, such as major
cable break down or urgent installation work etc., additional manpower may become
necessary or available workmen may have to be asked to work beyond the normal duty
hours and in such circumstances proportionate extra payment will be allowed as per the
decision of competent authority.
When available workmen are required to be engaged for durations exceeding eight hours a day,
wages will be paid on the basis of normal contract rate for the extra hours engaged in line with
the formula applied for shorter working hours as indicated in Para 17.5.
17.7 This tender is for regular supply of workmen on a contract basis. The award of
contract or the fact that the workmen or the contractor being engaged by BSNL
does not confer any right to the contractor or to any of the workmen or other
people engaged by the contractor under this tender, for any employment in
BSNL at any time or for any benefit for financial or otherwise beyond what is made
explicit in the tender document.
17.8. BSNL shall have the right to cause an examination of the work and the final bills of
the contractor including supporting vouchers be made after payment of the final bill
and if as a result of such audit and technical examination any sum is found to have
been over paid in respect of any work done by the contractor under the contract and
found to have been not executed the contract, the contractor shall be liable to refund
Signature of bidder
23
the amount so over paid and it shall be lawful for the BSNL to recover the same
from him through the Security Deposit without prejudice to any other action that
may be taken against the contract in terms of this contract.
18. SUBMISSION OF BILLS AND CERTIFICATIONS
18.1 Bills raised against ‘The Principal General Manager Telecom Business Area,
Thiruvananthapuram’, shall be submitted divis ion wise to the Divis ional
Engineer concerned on monthly basis on or before the 5th
of every month for
claims related to the previous month.
18.2 The bills shall be submitted in the s t a n d a r d f o r m a t i n d u p l i c a t e
with the bill numbers in running sequence. The bill format will be supplied to
the bidders after executing agreement along with work order.
18.3 PAN and Bank Account number should be furnished in the bill.
18.4 Approved tender rates shall be printed on the bill itself.
18.5 Copy of EPF/ESI remittance challans of previous month along with the list of
workmen for whom the remittances have been made shall be enclosed along
with the bill from second month onwards without this payment of monthly
bill will not be released.
18.6 For the last month of the contract period, the documents are required to be
submitted immediately after remittance without which the Security Deposit will not
be refunded.
18.7 The monthly payment remittance challan of EPF/ESI should be organization
specific to BSNL if the contractor is engaged in similar contractual obligations
with organizations other than BSNL. In other words, producing single
monthly remittance of challans for all the labourers engaged including
other laborers engaged in organizations other than BSNL by the
contractor shall not be acceptable.
18.8 Certificate from the designated officer in charge of the external plant
maintenance duly countersigned by the S u b d i v i s i o n a l
E n g i n e e r / Divisional Engineer stating that payment to the workmen has been
made in his presence shall accompany each bill in respect of disbursement made in
the previous month.
18.9 Certificate of date wise and station wise man power assistance provided to the
designated officer in charge of the external plant maintenance, duly
countersigned by the Divisional Engineer should be also attached with bill.
18.10 Bills submitted after delay of over three months after the month in which the
related work is carried out , shall be deemed time barred and shall not be paid unless
sufficient reasons are furnished for the delay.
18.11 The contractor shall make payment of wages to the workmen concerned
irrespective of the bills pending for submission by the contractor or such bills
Signature of bidder
24
awaiting settlement with BSNL. All wages to be paid to the workmen for each
month shall be paid in full before the 7th
of the next month or any date
prescribed in any statutory laws for disbursement of wages to workmen
which ever is earlier .
18.12 Payment may be made in cheque.
18.13The workmen shall be paid wages not less than the statutory minimum wages as
applicable from time to time which shall be reimbursed to the contractor by
BSNL. Any payment made in excess of such minimum wages for whatever
reasons shall be fully borne by the contractor and BSNL shall have no
responsibility or liability on this.
18.14 If workmen as required are not provided by the contractor or if the workmen
provided by the contractor are unfit for the job envisaged under the contract or the
workmen provided fail to carry out the assistance works in time or neglect or delay
the work
thereby causing delay in rectification of faults, proportionate reduction of contract
amount will be made for full/part of the day/days based on the report of the officer
in charge of the external plant maintenance at the Sub Divisional level. The
decision of Principal General Manager Telecom B u s i n e s s A r e a , BSNL
Thiruvananthapuram on the amount to be deducted on this account from the
monthly bills under this clause shall be final.
19. RECISSION/TERMINATION OF THE CONTRACT
19.1 Circumstances for rescission of contract:
Under the following conditions the competent authority may rescind the contract
if;
a. the contractor commits breach of any item of terms and conditions of the
contract.
b. the contractor fails to supply the required manpower assistance.
c. any of the workmen made available by the contractor fails to carry out the work
assigned to him or fails to complete it in time, or absconds from the work
spot or behaves in a manner considered unacceptable by the Sub divisional
officer/JTO in charge of the work and the contractor fails to replace the
workman concerned or fails in protecting the interests of BSNL and its
customers.
d. in the interest of BSNL it is deemed not to continue the contract and
termination is not warranted due to any lapse or failure on the part of the
bidder/contractor.
19.2 Unsatisfactory performance or non adherence to terms and conditions applicable
under this tender or non-compliance with the instructions issued during the
currency of contract to the contractor or the workmen supplied by the contractor
shall be considered as breach of agreement and the contract shall be terminated as
Signature of bidder
25
decided by Principal General Manager Telecom Business Area, BSNL,
Thiruvananthapuram including the forfeiture of the security Deposit remitted by the
contractor and Blacklisting of contractor for future contracts for minimum period of
one year.
19.3 When the contract is sought to be terminated under the provisions of this clause,
BSNL shall issue a notice in writing to the contractor communicating the
intention of BSNL to terminate the contract on grounds of performance
deficiencies on the part of the contractor. The contract shall stand terminated
without any further communication thirty days after the date of such a notice
unless the Principal General Manager Telecom Bus ines s Area ,
Thiruvananthapuram decides otherwise and such a decision is communicated to
the contractor in writing before the expiry of the said notice period.
19.4 In all cases where the contract is terminated on grounds of breach of contract,
unsatisfactory performance or other deficiencies on the part of the contractor, the
Security Deposit made by the contractor under this tender shall be forfeited fully
and irrevocably to BSNL. The forfeiture of Security Deposit shall be without
prejudice to any other action that BSNL may take to make good loss or damage
it has suffered or for which it becomes liable on account of the any action or
inaction on the part of the contractor or on the part of any workmen provided
by the contractor or on account of the termination of the contract. In addition to
it, BSNL may black list the contractor so as to prohibit the contractor from
participating in any future tender of BSNL for a minimum period of one year
from the date of termination of the contract.
19.5 The decision on whether termination of the contract is warranted under this
clause or not or any loss or damage is recoverable from the contractor and its
monetary values shall be the sole prerogative of the Principal General Manager
Telecom Business Area, Thiruvananthapuram and his decision shall be final and
binding on the contractor. When contract is terminated under clause 18.1..d,
payment up to the date of last day of service satisfactorily delivered will be paid in
the normal course and SD will be refunded after getting the certificate prescribed
in para 9.3 from Divisional Engineers concerned.
19.6 Any communication to the postal address furnished in the profile will be sufficient
for any purpose of written communication. Any plea of absence from
headquarters or change of address will not be acceptable to establish
non-receipt of communication on the part of the tenderer.
19.7 a ) The Tenderer shall be fully responsible for the compliance of all the provisions
applicable under Labour Laws and other statutory laws including
19.7.1 Payment of Wages Act 1936.
19.7.2 The Contract Labour (R&A) Act 1970
19.7.3 The employees Provident Fund and Miscellaneous Provisions Act 1952.
Signature of bidder
26
19.7.4 Employees State Insurance Act 1948
19.7.5 Workmen Compensation Act 1923
19.7.6 All other Acts and statutes applicable from time to time
19.7.7 Industrial Dispute Act
19.7.8 Payment of Bonus act-1965.
Liability of the BSNL with respect to employment of workman under this
contract is limited only to the extent indicated in financial bid in this contract and
any current or future liability consequent on execution of the contract arising out of
any of the above act or for other reasons except to the extent indicated in the financial
bid will be borne by the contractor and is liable even after expiry of the term of
contract if such a claim arises later
.
19.7.b) Provisions under Bonus Act 1965 will be complied by BSNL as notified by BSNL from
time
to time.
20. NEAR RELATIVES WORKING IN BSNL
20.1 At the time of submission of tender documents the contractor has to submit a
declaration that NO NEAR RELATIVE OF THAT CONTRACTOR is working in the
BSNL in any capacity. The company or firm or any other person is not permitted to
tender if his relatives viz
1. members of Hindu undivided family
2. Their Husband and wife
3.The one who is related to other in the manner as father, mother, son(s) and
son’s wife (daughter in law), daughter, daughter’s husband ( son-in-
law), brothers, brothers’ wife, sisters and sister’s husband are working in
BSNL.
20.2 If it comes to the notice, after awarding the contract, that the contractor having a
relative working in BSNL or is a benami to any other person, penal action will be taken
like cancellation of contract and forfeiture of security deposit or imposition of any
other penalty as deemed fit by the Principal General Manager, Telecom, BSNL,
Thiruvananthapuram.
21 DAMAGES TO HUMAN LIFE/BSNL PROPERTY/PRIVATE PROPERTY
The contractor shall be fully responsible for the damages caused by the workmen
supplied under his tender during execution of work, to the properties belonging not
only to BSNL but also to other Departments, Organizations, Other Private
Operators/Organizations and individuals.
22 SUB-CONTRACTS
22.1 Sub contracting of the work under this tender shall not be permitted. If it is
discovered at any time that subcontract is awarded, the SD will be forfeited and the
contract will be terminated on grounds of breach of contract with all attendant after effects
Signature of bidder
27
as laid down under clause-16 above.
23 ATTESTATION OF DOCUMENTS
All the Xerox copies of required (certificates) documents must be attested. Attestation should be done by ‘Group A’ officer in BSNL/ Gazetted Officer of Central/State Govt.
24 MODE OF PAYMENT TO THE CONTRACTOR
24.1 The bills’ should be submitted in duplicate, division wise with all certification
as prescribed under clause-17 .1to 17.10
24.2 The bills shall be submitted to Divis ional Engineer of the Zone in
respect of the divi s ion concerned who wil l veri fy the man
power assis tance actual ly received and submit the same to
AGM(CP&MM), O/o PGMT, BSNL, Thiruvananthapuram duly
passed within three days.
24.3 Necessary deduction towards Income Tax, Surcharges and loss / damage shall
be made from the bills at the time of payment as per the prevailing rules and
conditions from time to time. Payment will be made by credit to the bank
account of the contractor.
24.4 The payment to the successful contractor will be made on the basis of actual
number of workmen employed in the month to which the bill relates less
deduction for penalty imposed.
24.5 All payments exceeding Rs 25000/- shall be made by appropriate net banking
based funds transfer method into bank account of the contractor. The requisite
mandate in prescribed form has to be submitted while executing the agreement.
24.6 In cities / areas where ECS/EFT facility is provided by Banks, the bidder must
have accounts in such ECS/EFT facility providing Banks and that Bank Account
number shall be quoted in the Bids by the Bidder.
24.7 The bidder must submit the proforma (Annexure VII) for enabling transfer of
payments through electronic clearance/ electronic fund Transfer channels.
24 A THE RESPONSIBILITIES OF THE CONTRACTOR-1
24 A.1.The contractor shall be responsible for provision of the services as per Annexure VI at the site premises . Annexure VI lays out the services required at each type of site. At each site, the services may be required in standard eight hours work. . However the BA Head can decide the timing as per local conditions. . 24A.2. This clause is applicable only for sites requiring services as specified in Items 5, 6
or 7 as per Annexure VI The contractor’ s representatives shall be responsible for calling
the concerned officer in charge for the telecom site both at the time of the starting as well
as end of duty from the site. At any point if the contractor’s representatives fail to do
so, 5% of the monthly contract amount of that site will be deducted from their payment
for every instance of such negligence on their part. In addition, if during any visit, the
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28
contractor’ s representatives are not found to be present at the time of duty, 10% of the
monthly contract amount will be deducted from their payment for every instance of
such negligence on the part of the contractor.
24A.3. For all telecom sites for which the contract has been given to the contractor, BSNL
reserves the right to monitor the provision of services at any time through visits to the
site. In case the service provided by the contractor is not found satisfactory, 10% of
the monthly contract amount for that site will be deducted from their payment for every
instance of such negligence on the part of the contractor. Necessary declaration
undertaking may be obtained by the contractor from the manpower, accepting that if
any negligence of duty is identified from his part he may be removed from the contract
or 10% of the daily wages will be deducted from his wages, for every instance of such
negligence. Copy of the declaration obtained from the contract labouer should also be
kept under the safe custody of the OIC.
25. THE RESPONSIBILITIES OF THE CONTRACTOR-II
25.1 The contractor should possess valid license to take up the work in accordance
with contract Labour (R & A) Act and other applicable laws.
25.2 The Contractor shall forthwith arrange to replace the workman whenever it is
found by the BSNL officer in charge of external plant maintenance that the
workmen is not discharging h i s duties as expected and required by BSNL.
25.3 The Contractor should strictly adhere to the Statutory Regulations viz. Wages,
EPF, ESI and Bonus as per schedule rate as may be liable and applicable under
this contract from time to time. In respect of payment of wages the minimum
wages approved by central Labour Commissioner or state Govt. whichever is
higher is applicable.
25.4. The requirement of manpower indicated in ANNEXURE – XI is tentative. In
case of additional requirement of manpower in excess of the limit prescribed herein,
the Contractor should be in a position to supply them at the rates agreed under this
tender as and when required by BSNL
25.5 It shall also be open to BSNL to engage lesser than the estimated number of
workmen indicated in the tender
25.6 All increases/decreases in the number of workmen to be engaged by BSNL will
normally be effective from the first of a month. The number of workmen may not
be changed in the course of a calendar month.
25.7 In case it is found by BSNL that any property or material of the BSNL is lost or
put to loss/damage due to the negligence of the contractor’s labourer, the
contractor will be held fully responsible and should reimburse the cost of
loss/damage so incurred. The decision of PRINCIPAL GENERAL MANAGER
TELECOM Business Area, BSNL, Thiruvananthapuram as to the quantum of loss /
damage and negligence is final.
25.8 In case any workman of the agency suffers injury / damage or meets with an
accident during the discharge of duty, the entire cost of compensation should be
borne by the agency and the BSNL will stand fully indemnified against any
claim/damage/Compensation.
25.9 .Successful tenderer should ensure that the work awarded will not fall into the
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29
hands of outsiders, such as sub-letting etc under any circumstances and sub
contract if any will not be permitted and in such cases the contract awarded will
be terminated as provided under this tender.
25.10 The contractor shall be responsible for maintaining of the following
register/records required to be maintained under various labour laws.
a. Register of Attendance/ Muster Roll
b. Register of Wages
c. Register of Fines
d. Register of Wage slips
e. Register of leaves/Absentees
25.11 The contractor will obtain from the Assistant Labour Commissioner (Central)
Trivandrum or from the authori ty authorized for this purpose for this
area concerned a valid license under the Contractor Labour (R&A) Act 1970
and the Contract Labour (Central) Rules 1971 prior to the commencement of work.
Any other Certificate from any other jurisdiction will not be accepted and the
work awarded shall stand cancelled under such circumstances.
25.12 The Tenderer should adhere to all the administrative rules of the contract labour
Central) Rules and their instructions issued by that office from time to time with
respect to the establishment of the organization and the manpower engaged by
them in relation to the welfare and financial activities of the manpower.
26. DISPUTES / ARBITRATION: 26.1 In the event of any question, dispute or difference, arising under this agreement
connection therewith except as to matter the decision of which is specifically
provided under this agreement, the same shall be referred to sole arbitration of the
Chief General Manager, Kerala Circle, Trivandrum or in case his
designation is changed or his office is abolished then in such case to the sole
arbitration of the officer for the time being entrusted whether in addition to the
functions of the Chief General Manager, Kerala Circle, Trivandrum or by
whatever designation such officers may be called (hereinafter referred to as the said
officer) and if the Chief General Manager, Kerala Circle. Trivandrum or the said
officer is unable or unwilling to act as such to the sole arbitration or some other
person appointed by the Chief General Manager, Kerala Circle.
Trivandrum or the said officer. The agreement to appoint an arbitrator will be in
accordance with the Arbitration and Conciliation Act,1996.
There will be no objection to any such appointment that the arbitrator is a
BSNL/Government Servant or that he has dealt with the matter to which the
agreement relates or that in the course of his duties as BSNL/ Government Servant
he has expressed views
Signature of bidder
30
on all or any of the matter under dispute. The award of the arbitrator shall be final and
binding on the parties. In the event of such arbitrator to whom the matter is
originally referred, being transferred or vacating his office or being unable to act for
any reasons whatsoever such Chief General Manager, Kerala Circle
Trivandrum 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.
26.2 The arbitrator may from time to time with the consent of parties enlarge the time for
making and publishing the award, subject to aforesaid Indian Arbitrator and
Conciliation Act, 1996 and the Rules made hereunder, any modification thereof for
the time being in force shall be deemed to apply to the arbitration proceeding under
the clause.
26.3 The venue of the arbitration proceeding shall be the Office of the Principal
General Manager Telecom Business Area , BSNL ,Thiruvananthapuram or such
other places as the arbitrator may decide. The following procedure shall be followed
26.4 In case parties are unable to reach a settlement by themselves, the dispute should be
submitted for arbitration in accordance with Contract agreement.
26.5 There should not be a joint submission with the Contractor to the sole arbitrator
26.6 Each party should submit its own claim severally and may oppose the claim put
forward by the other party.
26.7 The onus of establishing his claims will be left to the contractor.
26.8 Once a claim has been included in the submission by the Contractor, a reiteration or
modification thereof will be opposed.
26.9 The “points of defence” will be based on actual conditions of the contract.
26.10 Claims in the nature of ex-gratia payments shall not be entertained by the
Arbitrator as those are not contracted.
26.11 The question whether these conditions are equitable shall not receive any
consideration in the preparation of “points of defense”.
26.12 If the contractor includes such claims in his submission, the fact that they are not
contractual will be prominently placed before the Arbitrator.
26.13 All litigation will be within the jurisdiction of Thiruvananthapuram Telecom Business
Area.
27. FORCE MAJEURE:
If at any time, during the continuance of this contract. the performance in whole
or in part by either party or any obligation under this contract shall be prevented or
delayed by reason of any war, or hostility ,acts of the public enemy, civil commotion
sabotage ,fires, floods ,explosions ,epidemics , quarantine restrictions, strikes, act of
God, 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 any 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
and work 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 work
Signature of bidder
31
has been so resumed or not, shall be final and conclusive, provided 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
his option terminate the contract.
28. SET OFF: Any sum of money due and payable to the contractor including security deposit
refundable to him under this contract shall be appropriated by BSNL and set off the
same against any claim of BSNL for payment of a sum of money arising out of this
contract or under any other contract made by the contractor with BSNL.
Signature of bidder
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SECTION III GENERAL CONDITIONS
1. The contractor shall also be bound to discharge obligations as provided under
various statutory enactment including the Employees Provident Fund & Miscellaneous
Act, 1952, Employees Pension Scheme, 1995, ESI Act 1948, Contract Labour (Regulation
and abolition) Act, 1970, Minimum Wages Act 1948, Payment of Wages Act 1936,
Payment of Bonus Act, 1965, Payment of Gratuity Act, 1972, Workmen's compensation
Act 1923, Works Contract Act, 1999 and other relevant Acts, Rules and Regulations in
force and as amended from time to time and are in force in the State where the subject
work under this Contract are executed.
1.1. Workers contribution towards EPF should be recovered from the payment due
to the workers every month and remitted to the EPF authority and the receipt of the
same should be submitted along the bill for payment , in addition to the remittance of EPF
contribution from Principal Employer side.
1.2 No child labour will be permitted and the workers age limit should be limited to
60 ,as per the contract labour act and the same should be ascertained by the
contractor and it is the responsibility of the contractor for limiting the age to 60
years and any labour issue arising from age limit should be settled by the contractor
with labour department and BSNL is not having any responsibility in this regard.
1.3 The contractor must ensure proper attendance and good manners/conduct on
the part of the workmen.
1.4 Bidder should have an office at Trivandrum.
2. The bidder should register himself/herself/themselves with Asst.Labour
Commissioner and also with EPF and ESI authorities concerned to the zone area.
3. The contractor should abide by the central/state Labour Welfare Legislations.
4. The contractor shall be solely responsible for payment and compensation under
Wage Compensation Act 1923 as in force from time to time applicable in the
event of accidents causing injury/death to his/their workers.
5. THE TENDERER SHOULD SIGN IN ALL PAGES OF THE
TENDER DOCUMENTS IN TOKEN OF ACCEPTANCE OF
TENDER CONDITIONS WHILE SUBMITTING THE TENDER.
6. The tender BID incomplete in any respect or with any ambiguity will be liable
for rejection.
7. BSNL reserves the right to reject / accept any/ part or whole tender without
assigning any reasons whatsoever.
8. BSNL Trivandrum reserves the right to award the work to deserving party either in
full or parts thereof. The decision of BSNL is final and binding.
9. BSNL Trivandrum reserves the right to change the specifications at any stage
before the commencement of the said work.
10. BSNL Trivandrum reserves the right to award 65% of the work to the lowest
bidder, and the balance to next lowest, at the lowest rate if found necessary.
11. BSNL reserve the right to offer counter offer against price quoted by the bidder.
Signature of bidder
33
12. SUCCECSSFUL TENDERER SHALL ENTER IN TO AN AGREEMENT, AFTER
REMITTING THE SECURITY DEPOSIT, IN A NON-JUDICIAL RS.200/-
WORTH STAMP PAPER, IN THE FORMAT GIVEN IN ANNEXURE –III
,WITHIN THE DATE STIPULATED IN THE LETTER OF INTIMATION.BSNL
TRIVANDRUM RESERVES THE RIGHT TO TERMINATE THE CONTRACT
AFTER GIVING 30 DAYS NOTICE, WITHOUT ASSIGNING ANY REASON
WHATSOEVER. NO COMPENSATION SHALL BE PAYABLE TOWARDS
PURCHASE OF MATERIALS/HIRE OF MAN POWER IN RESPECT OF THE
WORK
13. After acceptance of the tender, if any condition of the contract is violated,
BSNL reserve the right to terminate the contract .In such case , the Security
Deposit will be forfeited to BSNL, without prejudice to any other actions including
black listing .
14. THE PERIOD OF CONTRACT WILL BE ONE YEAR WITH EFFECT FROM
THE DATE OF AWARD OF CONTRACT AND SHALL BE EXTENDED
FURTHER AS GIVEN IN SECTION I (4)
15. BSNL reserves the right to terminate the contract without notice in the event of any prohibition notified by appropriate government.
16. BSNL Trivandrum reserves the right to increase/decrease 25% or alter the quantum
of work [ie. The No. of exchanges / infrastructure units]
17. In case of any dispute before or after awarding the tender, the decision of
P r inc ipa l General Manager BSNL Trivandrum shall be binding on the bidders.
18. SERVICE CHARGES APPROVED WILL NOT BE INCREASED DUE TO
INCREASE/DECREASE IN LABOUR RATE.
19. The contract awarded to the approved tenderer is not transferable.
20. The PGM BSNL Trivandrum reserves the right to offer the contract to any
other agency, in case of unsatisfactory work on the part of the approved agency.
21. If the contractor is found to be benami of any other person at a later date,
this contract will be terminated immediately.
22. In case BSNL suspect or find that any work is entrusted to any sub-contractor
on piecemeal basis or regular basis, BSNL reserve the right to terminate the
contract.
23. This award of work contract will not confer any right for regular appointment
in BSNL Trivandrum. The contractor /agency should make his/her/their
workers fully aware that BSNL shall not have any obligation to give any
temporary or permanent employment to workers employed by the contractor.
24. The Contractor shall pay the wages to the personnel on or before the 7
th of
every succeeding month, irrespective of delay in payment of Bill by BSNL
for whatever reason.
25. Near relatives of BSNL Employees are prohibited from participating in this
tender. The Tenderer should give a certificate (ANNEXURE-I) that none of
Signature of bidder
34
his/hers/their near relative is working in BSNL.In case of proprietorship firm,
certificate will be given by the proprietor. In case of partnership firm, the
certificate will be given by all the partners, and all the directors in case of
limited company. Any breach of this condition may lead to cancellation of
tender/work, and EMD/SD will be forfeited at any stage whenever it is so
noticed.
26. In case of breach/violation of any of the terms and conditions of this tender,
the contract will be terminated, Security Deposit will be forfeited and the
contractor will be debarred from participating in any of the Tenders
pertaining to BSNL Trivandrum for a period of two years
.
Signature of bidder
35
SECTION IV
SPECIAL CONDITIONS
1 The special conditions shall supplement the “Instructions to the Bidders as contained in section-I
and “General conditions as contained in section-II
2 The contractor should obtain a valid Labour Licence from Regional Labour
Commissioner/Asst.Labour Commissioner to engage the required number of workmen under
this contract, in accordance with CONTRACT LABOUR(R & A) CENTRAL RULES 1971,
within a period of one month from the date of award of this contract, failing which the
contract will be terminated and Security Deposit will be forfeited.
3 The contractor/agency should register himself/themselves with EPF/ESI Authorities of the
concerned Zone/Area and submit EPF/ESI Numbers of all workers to be deployed under
this contract work to BSNL Trivandrum , within one month from the date of award of tender
failing which the tender will be terminated and SD will be forfeited.
4 The contractor should pay every month both employer and employees EPF/ESI
contribution due for all workmen engaged under this contract work, at the nearby and
concerned EPF/ESI offices and submit to this office a list containing the name of workers, their
EPF/ESI Numbers ,amount paid and proof of payment every month..
5 The increase/decrease of wages, if any, notified by the competent authority will be
implemented only with effect from the succeeding month. But service charge approved will
not be increased due to increase/decrease in labour rate.
6 The labourers shall be given weekly off after six continuous working days.
7 All national holidays/Festival Holidays (as applicable time to time) shall be paid holidays for
the workers.
8 Monthly payments should be made by the contractors to the labourers directly in the presence of
BSNL authorised officers by 7th of every month. Monthly Wage sheet consisting the
following columns shall be presented while making payment to the labourers: Name of
labourer / Nature of work / Wages per day / No. of days duty / Total days paid / Total amount
paid.
9 The monthly bills of contractors shall be accompanied with the paid challans of EPF & ESI in favour of the labourers. These challans should be exclusively for the workers of BSNL, Trivandrum BA only. The list of labourers showing the names, amount paid must be enclosed along with the paid challans, duly attested by EPF /ESI Authorities. No consolidated proof of challan by including various other establishments will be accepted.
10 No child labour will be permitted and the persons above 60 years shall not be
deployed and contractor is fully responsible for limiting the age limit by 60 years. If any
dispute arising in this regard should be settled by the contractor. The contractor must
ensure proper attendance and Good manners / conduct on the part of the workmen.
11 The contractor shall not authorise any other agency on sub contract basis, to perform the
contract fully, or part thereof, for any period whichever short it may be.
Signature of bidder
36
12 THE CONTRACTOR SHALL ISSUE EMPLOYMENT CARD TO HIS WORKERS. THE
CONTRACTOR SHALL BEAR ALL EXPENSES FOR PREPARATION OF THEIR
E M P L O Y M E N T CARD. NO PERSON WILL BE ALLOWED TO WORK WITHOUT
EMPLOYMENT CARD.
13 The works should be carried out to the fullest satisfaction of the Officers in charge of the
Buildings concerned .The contractor should replace its staff when it is found that they are not
discharging their duties satisfactorily, on written direction from the office of GM
Trivandrum.
14 If the contractor wishes to replace any of the personnel, the same may done only after prior
consultation with and concurrence from the O/o PGMT BSNL Trivandrum.
15 The full particulars of all personnel to be deployed by the contractor, including the names and
address, shall be furnished to BSNL before they are actually deployed for the work.
16 If at any point of time, it comes to the notice of BSNL that the contract personnel deployed
are different from the list, BSNL is well within its right to impose penalty not exceeding three
times the wages payable to the contractor for each such personnel identified.
17 If any property or materials of BSNL is lost or put to loss / damage due to negligence of
the agency, the agency will be held fully responsible and should reimburse the cost of loss /
damage so incurred. The decision of BSNL Trivandrum regarding the quantum of loss and
negligence will be final.
18 In case any workman of the agency suffers injury / damage or meets with an accident during the
discharge of duty, the entire cost of compensation should be borne by the agency and the
BSNL Trivandrum will not compensate any claims / damage / compensation.
19 The Agencies should ensure that the persons deployed by them should not participate in/
organize any Dharna or Agitation or Strike. They should also ensure that the persons
deployed by them should not participate in any Dharna or Agitation or Strike organized by the
Trade Unions / Associations of BSNL. The Contract will be terminated for violation of the
above condition.
20 The contractor should renew the Labour License, as and when required and intimate to this
office.
21 The contractor or his representative shall meet the designated BSNL officers daily at BA Head
Quarters
22 The workers should not be changed without written approval of the competent authority
23 The wages shall be paid to workmen without any deduction except those under the payment of
Wages Act and Minimum wages Act.
24 The contractor shall ensure healthy industrial relations with his/her staff and settle workers
grievances without disruption of housekeeping and general services.
25 The engagement and employment of persons and payment of wages to them as per the
existing provisions of various Labour Laws & Regulations is the sole responsibility of the
contractor and any breach of such laws and regulations shall be deemed to be breach of this
contract. Payment should be made to the workers as per the rate mentioned in the document.
Signature of bidder
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ANNEXURE I
CHECK LIST
1. Whether proof for payment of EMD for Rs …… enclosed:
2. Whether documents to prove Experience is enclosed. :
3. Whether declaration of near Relative furnished :
(Annexure – VIII) 4. In case of firm whether copy of certificate of
registration of firm is enclosed. 5. Certificate of download of tender document & :
DD for the cost of form enclosed (Annexure – IX)
6. Whether letter of authorization ,if any, is enclosed : (Annexure – III)
7. Whether Copy of PAN enclosed. :
8. Whether Copy GST Registration enclosed :
9. Whether Bid Form (Technical and Financial Complete in all
respect duly signed with full signature :
10. Whether bidder has signed all pages :
11. Whether Copy of Power of Attorney enclosed :
12. Whether copies of all documents attested as per
Clause 22 :
13. Whether EPF registration details enclosed :
14. Whether ESI registration details enclosed :
15. Valid license to take up the work in accordance
with contract labour (R&A Act) and other
applicable laws
Date : Signature of Tenderer, Name.
Signature of bidder
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ANNEXURE II
BIDDER’S PROFILE
Zone No. : _______(in words ____________________________) 1. Name.
2. Whether Individual/Company/Partnership firm.
3. In case of Company/Partnership firm, name and designation of the
person authorized to sign the contract agreement.
4. Address (for all purpose)
5. Telephone No. ( Land Line & Mobile)
6. Permanent Account No. (PAN)
7. GST Registration. (If applicable)
8. EPF Registration No.
9. ESIC Registration No.
10. Details of experience in Man Power supply.
11.Office address at Trivandrum.
12. Any other relevant details.
I/We hereby declare that the particulars furnished above are correct.
Date: Signature:
Signature of bidder
39
ANNEXURE III
Letter of Authorization for attending Bid opening ( To be submitted before Tender Opening)
Subject: Authorization for attending bid opening on (date) for the tender
of .
Following person(s) is/are hereby authorized to attend the bid opening for the tender
mentioned above on behalf of (Bidder) in order of preference
given below. Order of Preference Name Specimen Signatures
I
2.
Signatures of bidder or
Officer authorized to sign the bid
documents on behalf of the bidder.
Note: 1. A maximum of two representatives will be permitted per bid to attend bid opening.
Permission for entry to the hall where bids are opened may be refused in case authorization as
prescribed above is not received.
Signature of bidder
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ANNEXURE IV
BID FORM
To
The Principal General Manager Telecom BSNL Bhavan, Uppalam Road Thiruvananthapuram – 695 001
Dear Sir,
Having examined the conditions of contract and specifications including addenda,
the receipt of which is hereby duly acknowledged, we, undersigned, offer to execute the work of
providing labour assistance on labour contract basis for External Plant maintenance works, in
conformity with said conditions of contract and specifications as may be ascertained in accordance
with the schedule of prices attached herewith and made part of this bid.
We undertake, if our Bid is accepted, we will execute the work in accordance with
specifications, time limits & terms and conditions stipulated in the tender document.
If our Bid is accepted, we will submit the securities as per the conditions mentioned
in the contract.
We agree to abide by this Bid for a period of 180 days from the date fixed for Bid opening
and it shall remain binding upon us and may be accepted at any time before the expiry of that
period.
Until a formal Agreement is prepared and executed, this Bid together with your written
acceptance thereof in your notification of award shall constitute a binding contract between
us.
Bid submitted by us is properly sealed and prepared so as to prevent any
subsequent alteration and replacement.
Dated this ..........day of ..........2017
Signature of Authorized signatory…………………………..
in capacity of …………………………………………………
Witness....................
Address................
Signature.............
Duly authorized to sign the bid for and on behalf of ………..
41
Signature of bidder
ANNEXURE V
AGREEMENT
(To be typed on Rs.200/- non-judicial stamp paper)
THIS AGREEMENT IS EXECUTED ON ………………..the………………2017
By and in Between
BSNL (A Govt. of India Enterprises) a company incorporated under the companies act
1956 vide incorporation certificate no_____________________having its registered office
at_____________________________ (hereinafter referred to as the ‘Party of First Part’
which expression shall included the legally constituted signatories, assigns, successors and
officers duly empowered to execute such agreement) of the first part through its
_________________________________empowered to execute this agreement through its
resolution passed in the meeting of Board of directors vide number dated herein part of this
agreement.
And____________________________having Address at
____________________(hereinafter referred to as the Party of Second Part’ or Second Part
which expression shall included the legally constituted signatories, assigns, successors and
officers duly empowered to execute such agreement) of the second part through its
________________________empowered to execute this agreement.
Whereas the Party of First Part i.e. BSNL (A Govt. of India Enterprises) is and Whereas
the Party of First Part has established a high brand through quality services, marketing
research, publicity and public relation exercise in relation to telecommunication cellular
telephony internet broadband and the said high reputation and goodwill so earned has been
and continues to be unique in its area of operation. Whereas the Party of First Part is
running and operating Telecom Networks and due to increase in work pressure and
increase in the scale of operations the party of first part intend to distribute non-core
activities of general nature to the party of second part. Whereas the Party of Second part
desire to own responsibility of/for non-core activates and incidental activities related to
proper and suitable functioning of the Telecom Network Premises. Whereas the Parties
agree to that the title / heading / label / title / name / brand / trade-mark / trade-name /
design / logo / drawing / blueprint / sign / signal / indication / style / mode in the name and
style of “BSNL” shall be exclusive property of party of first part. All compliance of the
relevant and applicable law and other statutory provision attracted under such transfer of
non core activities privilege, right from the party of first part to second part shall be
responsibility and liability of the party of first part. And Whereas the Parties agrees to that
the title / heading / label / title / name / brand / trade-mark / trade-name / design / logo /
drawing / blueprint / sign / signal / indication / style / mode in the name and style of
“BSNL” shall be exclusive property of party of party of first part, eventually and the cost of
such transfer shall be bear by the party of second part. And Whereas, the transfer of non-
core activities as enumerated in the scheme, is not of permanent nature and for a specific
period only as defined in this agreement and within the provisions of applicable law and
42
Signature of bidder
Whereas the party of second part has offered to enter into the present agreement with
the party of first part for services to be rendered, inter alia, for ………………………….
and other services which are as given in Appendix D (Scope of work to be defined
exhaustively) on the terms and conditions herein contained and the rates approved by the
party of first part……………………………Whereas the party of second part has been duly
accepted and necessarysecurity deposits have been furnished in accordance with the e-
tender document vide …………………….and whereas no interest will be claimed on the
security deposits.
NOW THEREFORE IN CONSIDERATION OF MUTUAL COVENANTS PREMISES
MADE HEREINAFTER PARTIES AGREES AS FOLLOWS:
1. Article 1: SHORT TITLE EXTENT AND COMMENCEMENT
1.1 This agreement shall be for the purpose of specify and arranging the non-core activities
and operative schedule and bringing on record the duties in between the parties and also to
record all the documents executed in between the parties inclusive of all the e-tenders, lease
agreement, permits and any other document executed on this regard.
2. Article 2: DEFINITIONS
In this agreement, unless the context otherwise requires the following word means;
2.1 Agreement
The agreement executed between the parties and it includes other agreements also, in
furtherance of the subject/cause of this agreement.
2.2 Parties;
The Party of first Part and the Party of Second Part
2.2.1 Party of First Part means And include the party of first part and the body corporate,
its directors, share holders, promoters.
2.2.2 Party of Second Part means And include the party of second part and its legally
constituted signatories, assigns, successors; officers duly empowered to execute the
agreement;
2.3 Expression of interest. (E-TENDER) The application and the document submitted by
the party of the second part to the party of the first part showing his interest for entering
into the agreement.
3. ARTICLE 3: PARTY OF FIRST PART PERMISSIONS
The Party of first part in order to carry out Non-core activities has given entire
responsibilities and privileges subjects to terms and condition of this agreement to the party
of second part.
3.1 Use of premises
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Signature of bidder
3.1.1 The Party of First Part permits to the Party of Second Part, to use the said premises
and activities incidental thereto; the same is executed in accordance with the terms and
conditions as prescribed by the Party of first part.
3.1.2 The Party of First Part also permits to the Party of Second Part the privilege to use the
premises only for the execution of the work only as assigned to the Party of Second Part.
3.2 Disclaimer
3.2.1 The Party of Second Part undertakes with the Party of First Part that at no time after
the execution of this agreement for whatsoever cause, shall the Party of First Part make any
claim to the premises or use of the fact having been Party of First Part in any relationship
with ‘BSNL’ in the past, for any business gains,.
3.2.2 At the end of the agreement all the equipment and infrastructure support shall
remain with party of first part, in case those equipments and infrastructure areowned by the
part of the first part and provided by party of the first part to the party of the second part.
The party of second part shall not claim any right over the equipments and infrastructure of
the party of the first part.
3.3 Scope of rights of Party of Second Part;
The agreements permit the Party of Second Part the privilege executing non-core activities
and activities incidental thereto, in relation to the agreed terms and condition in furtherance
of business interest and public interest is indispensable. Party of Second Part understands
that they are not authorized to any illegal activity or any such activity which is, in
contravention to the general policy, statutory provision, rules, regulation as announced or
declared or published by any competent authority. Party of Second Part further states that
they acknowledge the duty and obligations of the Party of First Part as per the general
policy, statutory provision, rules, regulation as announced or declared or published by any
competent authority and undertake to fully co-operate with the Party of First Part .
3.4 Appointment of sub-’Agency’ by Party of Second Part;
3.4.1 The Party of Second Part shall be entitled to allow any sub-‘Agency’ or to enter
any agreement, arrangement with any other person with a view to delegating the
responsibilities, rights and duties allowed to the Party of Second Part under this agreement
or in respect of any other work assigned to the Party of Second Part in terms of this
agreement. All the agreement by the party of second part shall be in their name and within
the knowledge of the party of first part.
3.4.2 The Party of Second Part hereby agrees that during the tenure of this agreement it
shall not misuse or allow any other person to misuse the premises of BSNL.
3.4.3 ‘Exclusion of Party of First Part’s other premises, offices Trade name, design,
copyright, goodwill etc.
3.5 Ministry of telecommunications Compliance
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Signature of bidder
The Party of second part undertakes to comply with all the rules, regulations etc. as per the
requirement of MTC issued from time to time in consonance with the party of first part.
Failure of compliance of such statutory and mandatory compliance may give right to party
of first part for redress of the grievances within the frame work of this agreement and also
to initiate mechanism to settle at the cost of party of first part..
3.6 Ministry of labour Compliance.
The Party of second part undertakes to comply with all the rules, regulations etc. as per the
requirement of Ministry of labour issued from time to time in consonance with the party of
first part. Failure of compliance of such statutory and mandatory compliance may give
right to party of first part for redress of the grievances within the frame work of this
agreement and also to initiate mechanism to settle at the cost of responsible party.
4. Article 4. PARTY OF SECOND PART OBLIGATION
4.1 Equipment & infrastructure; The Party of Second Part may provide Tools and
Equipments as per the requirement and need of efficient and effective execution of
assigned work. And
4.2 The Party of Second Part shall not misuse or allow to be misused the premises and / or
infrastructure of the premises therein through grant of lease, sub-lease, license or otherwise
for doing any other business activities or work whether full time, part time or on any other
basis.
4.3 ‘Maintenance of specified account/records’
4.3.1 The Party of Second Part shall maintain all specified records in the manner as per the
GAAP or other relevant statutory provision, rules and regulations emanating there from.
The Party of Second Part understands that the requirement to maintain all the said records
in the particular specified formats is necessary for uniform and regulated function and
proper calculation of revenue, cost, profit and other related derivatives to ascertain actual
and factual position for various instrumentalities of the government.
4.3.2 In the event of this, if the Party of Second Part not maintains the specified records, the
Party of Second Part agrees to pay / reimburse to the Party of First Part, the charges
incurred by the Party of First Part in actually completing the same records or assisting the
Party of Second Part in this regard. The Party of Second Part also undertakes to pay the
said amount to the Party of First Part with in fifteen days of issuance of the invoice.
4.4 Staff recruitment and selection
4.4.1 The Party of Second Part shall appoint any staff at the pay scale prescribed by the
various relevant statutory provisions as prescribe by the relevant competent
instrumentalities of the government. The Party of Second Part unambiguously understands
that the staffs appointed by the Party of Second Part shall be the employees of the Party of
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Signature of bidder
Second Part only and Party of First Part shall have no liabilities / obligations towards them
and the party of first part not in any manner exercises their control over the appointed staff
in any manner.
4.4.2 The Party of Second Part shall be free to appoint other supporting staff on his own
and shall be responsible for the any outcome of such appointment. Party of first part is not
responsible for any such outcome.
4.4.3 The party of second part understands and undertakes that it will ensure compliance of
all the labor and employment law rules and regulation and prepare an ‘employment
manual’ to this effect within a reasonable time period taking care of all the laws, effective
on that date and present a original copy for submission to the relevant authorities.
4.5 Scope of selection procedure, interview and training;
The Party of First Part reserves the right to decide the scope, location and dates of the
selection process, final interview and training, if so required.
4.6 Reports and feed back
The parties mutually decide to exchange such reports and feedbacks for mutual benefits
and proper implementation of this agreement.
4.7 Confidentiality and protection of premises property of The Party of Second Part
undertakes;
4.7.1. Not to cause or permit anything, which may damage or endanger the property of the
Party of the first Part and
4.7.2 To notify the Party of First Part about / of any suspected trespass intrusion of the
property of the principal immediately after such detection and
4.7.3 To take reasonable action as decided mutually by the parties in relation to such
encroachment of property right. And
4.7.4 On expiry or termination of the agreement forthwith stop the use of all property of the
Party of First Part. And
4.7.5 Not to let, sell, or otherwise give away any property or information about the Party of
First Part, his business secrets, plans, services, programs, materials, manuals etc. to any
third party during the tenure of the agreement or even after this agreement ceases to exist.
And
4.7.6 Not to cause or permit to be caused any activity which may damage endanger the
property rights or title of the Party of First Part.
4.7.7 Shall maintain all the records including duty roaster as per the requirement of
Ministry of labour.
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Signature of bidder
4.8 The Party of second part hereby undertakes to indemnify BSNL against all actions,
suits, proceedings, claims, losses, damages etc., which may arise under Minimum Wages
Act Fatal Accident Act, Workmen Compensation Act, Shops & Establishment Act, Family
Pension & Deposit Linked Insurance Scheme Contract Labour (Regulation and Abolition)
Act 1970 or any other Act or statutes not herein specifically mentioned but having any
direct or indirect application for the person(s) engaged under this contract by him.
4.9 The Party of second part shall defend, indemnify and hold BSNL harmless from any
liability, which may be imposed by the Central, State or local authorities and also from all
claims, suits arising out of or by reason of the work provided by this contract Including any
liability that may arise out of accident, whether brought by the employees of the Party of
second part or by the third parties or by the Central or State Government authority or any
sub-division thereof.
4.10 BSNL shall not be responsible for any claim/compensation that may arise due to
damages/injuries to the Party of second part’s employee(s) under any circumstances while
an employee(s) of the contractor is engaged in duty under the Contract.
4.11 (a) The Party of second part shall also be bound to discharge obligations as provided
under various statutory enactment including the Employees Provident Fund &
Miscellaneous Act, 1952, Employees Pension Scheme, 1995, ESI Act 1948, Contract
Labour (Regulation and abolition) Act, 1970, Minimum Wages Act 1948, Payment of
Wages Act 1936, Payment of Bonus Act, 1965, Payment of Gratuity Act, 1972, Workmen's
compensation Act 1923, Works Contract Act, 1999 and other relevant Acts, Rules and
Regulations in force and as amended from time to time and are in force in the State where
the subject work under this Contract are executed.
(b) The engagement and employment of labourers and payment of wages to them as per
existing provisions of various labour laws and regulations is the sole responsibility of the
Party of second part and any breach of such laws or regulations shall be deemed to be
breach of this contract. BSNL may ask the contractor to produce documents to verify that
these provisions/laws are complied with by the contractor.
(c) All wages allied benefits such as leave, ESI, PF, Gratuity , Bonus etc, shall be paid by
the Party of second part and BSNL shall not incur any liability or additional expenditure
whatsoever for personnel deployed.
4.12 The Party of second part shall at his own cost and initiative take out and maintain at
all times until the completion of the contract/lease period, insurance policies in respect of
workmen engaged by him for providing services under this contract, in order to keep
himself as well as BSNL/Lessee fully indemnified from and against all claims whatsoever
including but not limited to those arising out of the provisions contained in Workmen's
Compensation Act, 1923. Should the Contractor fail to take out and/or keep afoot insurance
as provided for in the foregoing paragraph, BSNL/Lessee shall be entitled (but without any
obligation to do so) to take out and/or keep afoot such insurance at the cost and expense of
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Signature of bidder
the Contractor and without prejudice to any other rights or remedies of BSNL/Lessee in
this behalf, to deduct the sum(s) incurred thereof from any amounts due to the Contractor.
4.13 Communication of the problems;
Any problem that may arise while executing this agreement must be communicated by the
parties in writing by fax/e-mail/registered post immediate by the parties, respectively to
their corporate head offices and any other Addresses provided by the parties.
4.14 Maintenance of records
4.14.1 The Party of Second Part shall maintain a true and accurate record of all the cost of
material, salaries and direct operating expenses related to the expenses and other incidental
activities and should be produced on demand any time.
4.14.2 The Party of Second Part shall submit audited profit and loss account and balance
sheets of its business to the competent authorities to the preceding financial year of
operation within 30 days from the end of financial year and the Party of Second Part in
compliance may seek assistances of party of first part to this effect.
4.14.3 The Party of Second Part shall maintain any other record to ensure the interest of
party of first part from time to time.
4.14.4 The Party of Second Part shall maintain any other record to ensure the compliance
of guidelines from time to time.
4.15 Execution of non-core activities;
4.15.1 The Party of Second Part agrees to spend a reasonably adequate amount as per the
requirement, proper functioning, for the Execution of non-core activities.
4.15.2 The Party of First Part agrees to work in tandem with the Party of second Part for
Execution of non-core activities.
4.15.3 The Party of Second Part agrees that the activity at ground level shall be the sole
responsibility of the Party of Second Part
4.16 Securities;
4.16.1 The Party of Second Part undertakes to abide by the rules and regulation as decided
by the parties for the physical protection of information, infrastructure and other related
things.
4.17 Code of conduct
Party of Second Part undertakes to ensure that the all staff and employee adhere to the
standard code of conduct followed by the industry and to ensure this the party of second
part appoints suitable and responsible person to supervise the proper implementation of
such code, revised and amended up to date.
4.18 Membership, affiliations;
The Party of Second Part shall enroll itself as a member of such professional bodies,
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Signature of bidder
associations and societies as the normal standard of the requirements of the industry. The
Party of Second Part understands that such enrollments are for its benefits and undertakes
to pay such charges /fee may be required for such enrollments.
4.19 Additional activities
The Party of Second Part undertakes to organize such additional activities which may be
decided mutually from time to time which would contributes towards improvements of
work culture and agrees to accept the terms and conditions as decided by the parties .
4.20 The party of second part shall engage on his own expenses the requisite number of
representatives with means & materials as well as tools, appliances, machines, implements,
vehicles for transportation, cartage etc. required for the proper execution of work within the
link prescribed in the work orders.
4.21 The party of second hereby declares that nobody connected with or in the employment
of the Bharat Sanchar Nigam Limited/DOT/DTS is not/shall not ever be achieved as
partner in the contract.
4.22 The rates approved are inclusive of all taxes the payment will be subject to availability
of funds after sanction of bill by the competent authority through bank and deduction of
Income Tax & all statutory/Govt. Taxes. The party of second part shall submit the copy of
service Tax paid challan and EPF/ESI paid challan for the previous month alongwith the
bill. While preparing the bill the party of second part shall bifurcate the amount of service
tax in bill submitted. The party of second part shall submit the bills quarterly consolidated
for each SDCA duly signed and verified by the officer’s in-charge for satisfactory work
execution.
5. Article 5: CONSIDERATIONS
5.1 Monthly fee
5.1.1 The Party of First Part shall pay to the Party of second Part an amount_______
Any demand by the party of second Part shall not be entertained by the Party of first Part to
the Party of First Part towards any other use apart from this agreement shall not be claimed
and is agreed to be sufficient consideration for payments of prescribed monthly fee.
5.1.2 The monthly fee shall not be increased under any circumstances what so ever by the
party of second part.
5.2 Profit sharing
The Party of Second Part shall not pay to the Party of First Part any amount as a profit
sharing. Any demand by the party of first part shall not be entertained by the Party of
Second Part to the Party of First Part towards the use and earning any profit by executing
the work.
5.3 GST
Any GST imposed or assessed by the central government or any other authorized local
bodies in respect of payment or dues paid by Party of First Part after
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Signature of bidder
signing this agreement, will be borne by the Party of Second Part.
6. Article 6: SERVICE BY THE PARTY OF FIRST PART
The Party of First Part here by agrees to provide following services in accordance with the
terms of this agreements.
6.1 Functional management in respect of the competent government authorities for proper
execution of this agreement in letter and spirit of this agreement.
7. Article 7: DISBURSEMENT TO PARTY OF FIRST PART
7.1 Disbursement in relation to entire, unconditional, unlimited and unqualified
responsibilities, Party of Second Part agrees to execute a separate agreement with the party
of first part.
8. Article 8: LIMITATION OF AGREEMENT
8.1 Trademarks, trade names and trade secrets
8.1.1 The Party of Second Part shall not claim any ownership right in trade mark, trade
name, design, copyright, goodwill which is not the subject matter of this agreement but
property of first party. It shall derive its power to use from the provision and clauses of this
agreement only.
8.1.2 The Party of second Part shall not claim any ownership right on premises as it shall
be property of party of party of first part after complying all the mandatory provisions of
applicable laws and contractual obligations. It shall derive its power to use from the
provision and clauses of this agreement only.
8.1.3 The party of second part shall not incorporate any word or design deceptively and
confusingly similar to Party of First Part’s trade-mark, trade-name, design in its trade-mark,
trade-name and trade-style other then the subject matter of the agreement.
8.1.4 The Party of Second Part agrees not to divulge any trade secrets that may be made
available to it, in confidence. The Party of Second Part further agrees to ensure fidelity of
information imparted to or available to them.
8.1.5 All the liabilities of the party of first part related to their business prior to the date of
execution of this agreement shall be liabilities of the party of first part.
8.2 No ‘Agency’
8.2.1 The parties here to agree that the Party of Second Part is an independent entity.
Nothing here in contain shall constitute the Party of Second Part as an agent, legal
representative, partner, subsidiary; joint venture or employee of the Party of First Part. The
Party of Second Part shall have no right or power to and shall not bind or obligate the Party
of First Part in any way, manner or title whatsoever, nor represent, it has any right to do so.
8.2.2 The parties here to agrees that all the litigation-disputes/claims arising or taking place
with the third parties after signing this agreement shall be contested/or settle by the Party of
Second Part itself. The Party of First Part shall not be responsible for the same in any
circumstances.
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Signature of bidder
9. Article 9: INSURANCE
The Party of Second Part takes appropriate policies for new insurances w.e.f this agreement
to cover it against losses /damages and renew such policies up to the period of this
agreement. Evidence of policies having being renewed shall be made available to the Party
of First Part, in case it requires it, in any compliance issue.
10. Article 10: TENURE AND RENEWAL OF THE AGREEMENT
10.1 Tenure
The tenure of this MOU shall expire under following circumstances until unless
specifically agreed and in written form accepted by parties, though this MOU ceased to
exists if the period of the contract ends after 12 months from date of this agreement.
10.1.1 Both the parties shall execute a new agreement in case if it is required to achieve the
purpose stipulated in this agreement as per the modified law, statutory provisions, rules and
regulation issued or changes by the competent authorities.
10.1.2 The parties shall not have any automatic right of termination under any of the clause
and it shall be not discretions of the parties to terminate the present agreement.
10.2 Disbursement of dues ;Both the parties agree to initiate all the necessaryactivities to
settle pending dues as per the scheme enumerated in other agreements, which
comprehensively deals with this issue. Any such disbursement shall strictly as per the
scheme.
10.3 Notwithstanding anything elsewhere herein provided and in addition to any other
right or remedy of the BSNL under the Contract or otherwise, the BSNL shall be entitled to
terminate the Contract by written notice at any time during the currency on or after the
occurrence of any one or more of the following events or contingencies, namely:
10.3.1 Default or failure by the party of second part of any of the obligations of the
party of second part under the Contract, including but not limited to:
(a) Negligence in carrying out the works or carrying out of work found to be unsatisfactory
by the competent authority in BSNL
(b) Abandonment of the works or any part thereof;
(c) Suspension of the entire works or any part thereof, for a period of 14 (fourteen) days or
more without due authority from the BSNL
(d) Commission, permission or sufferance of any other breach of any of the terms,
conditions or provisions of the Contract on the part of the party of second part to be paid,
performed and/ or observed;
(e) Failure to deposit the Initial Security Deposit within 10 (ten) days of receipt by the
party of second part of Acceptance of e-Tender (in case applicable).
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Signature of bidder
(f) Failure to execute the Contract in terms of the Form of Contract forming part of the E-
Tender Documents within 10(ten) days of notice in this behalf from the BSNL;
10.3.2 If the party of second part is incapable of carrying out the work;
10.3.3 If the party of second part misconducts himself in any manner;
10.3.4 If there is any change in the constitution of the party of second part or in the
circumstances or organization of the party of second part, which is detrimental to the
interests of the work or the BSNL;
10.3.5 Dissolution of the party of second part or commencement of liquidation or winding
up (whether voluntary or compulsory) of the party of second part or appointment of a
receiver or manager of any of the party of second part 's assets and/ or insolvency of the
party of second part or any Partner of the party of second part;
10.3.6 Distress, execution, or other legal process being levied on or upon any of the party
of second part 's manpower and/ or assets;
10.3.7 Death of the party of second part;
10.3.8 If upon any change in the Partnership/constitution of a party of second part 's
organization (if a Partnership), the BSNL shall refuse to continue the contract with the re-
constituted firm;
10.3.9 If the party of second part or any person employed by him shall make or offer
for any purpose connected with the Contract any gift, gratuity, royalty, commission,
gratification or other inducement (whether money or in any other form) to any employee or
agent of the BSNL;
10.3.10 If the party of second part shall sub-contract the whole or any part of the work in
contravention of the provisions of the Contract
10.3.11 The decision of the …..(Competent Authority), as to whether any of the events/
contingencies mentioned in above Clauses, entitling the BSNL to terminate the Contract,
has occurred or not, shall be final and binding upon the party of second part. However,
before invoking action under this clause, BSNL shall give prior written notice to the party
of second part to rectify the problem areas within maximum two weeks of time.
10.4 The authority of premises shall stand terminated in the following events
10.4.1 Upon the expiry of the contracted period
10.4.2 Upon occurrences of instances mentioned in clause above
10.4.3 Upon mutual consent of the parties before the expiry of the period. In the event, the
11. Article 11: EFFECT OF NON- RENEWAL
Both the parties shall ensure and work to clear all the dues, liabilities and make
sucharrangements, so to avoid inconvenience to both parties. This agreement is governed
by this agreement and both the parties are bound to renew this agreement by redrafting and
re executing it, as prescribed in this agreement in letter and spirit.
12. Article 12: INDEMINIFICATION
12.1 Loses and damages
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Signature of bidder
12.1.1 The Party of Second Part and the indemnifiers are jointly and severally responsible
for all losses to damages to third person, originating in or connected with the conduct of the
Party of Second Part for all claims demand for damages to properties or for injury, illness,
or death of persons directly or indirectly resulting there from. The agency and indemnifier
agree to defend, Indemnifies and save the Party of First Part from any harm with respect to
any such claims, losses all damages result from the willful negligence of the Party of First
Part, Its employees or agents after signing the agreement.
12.1.2 The Party of first part and the indemnifiers are jointly and severally responsible for
all losses to damages to third person, originating in or connected with the conduct of the
Party of first Part for all claims demand for damages to properties or for injury, illness, or
death of persons directly or indirectly resulting there from.
12.1.3 The agency and indemnifier agree to defend. Indemnifies and save the Party of
second Part from any harm with respect to any such claims, losses all damages result from
the willful negligence of the Party of First Part, Its employees or agents. The Party of first
Part and the indemnifier shall be obliged to immediately intimate to the Party of second
Part in the event of any unlawful use of either the Party of second Part’s trade mark, trade
name, design, copyright, patent by any third party. If it is established that such activity is
the act of either the Party of Second Part itself or any of or all of its directors Party of First
Part officers Key personnel employees etc the indemnifier here by indemnifies the Party of
second Part in respect all expense that may be incurred by the Party of second Part In
stopping such activity. The Party of Second Part agrees to assist the Party of First Part in
taking appropriate action and further agrees to commence such action if legal requirement
so dictate.
12.1.4 Personnel indemnification;
(a) The indemnifier here by personally indemnifies the Party of First Part in respect of
every claim, which the Party of First Part may have against the Party of Second Part under
this agreement and further personnel guarantees payment of the same to the Party of First
Part. This shall not affect any right of the Party of First Part to precede against the Party of
Second Part in respect of such claim or claims.
(b) The indemnifier here by personally indemnifies the Party of Second Part in respect of
every claim, which the Party of second Part may have against the Party of first Part under
this agreement and further personnel guarantees payment of the same to the Party of second
Part. This shall not affect any right of the Party of second Part to precede against the Party
of first Part in respect of such claim or claims.
13. Article 13: DIRECT SUPERVISION
Both Parties agrees that in the event of Non-compliance of any clause due from the Parties
Or
For any other reason as may be mentioned in the agreement or against the law of this land,
Both the Parties may in their discretion, act any or the entire procedure in following
manner:
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Signature of bidder
(a) Direct to take appropriate measures with respect to all its activities.
(b) Call arbitrator to Assume direct supervision over the operations.
(c) The Parties reserve the right to withdraw or report to the arbitrator at its discretion
during the currency of the agreement if the condition so demand.
(d) The Parties shall further agrees that such arrangement shall continue till the Parties are
fully satisfied that the things are in order in respect of the breaches and defaults mentioned
above after which the Parties shall handover the operation to the arbitrator.
14. Article 14: DEFAULTS
14.1 The occurrence of the following events / acts shall constitutes good and sufficient
cause for the Party of First Part at its options and without prejudice to any other rights or
remedies provided for hereunder or by law or equity to redress of the issues, this agreement
without any compensation by notice in writing to the Party of Second Part, such notice to
redress of the issues at such date as the Party of First Part in their discretion determine and
cancel the contract.
14.1.1 In case of appointment of Sub- ‘Agency’ by Party of Second Part, in contravention
of the spirit and intention of the MOU, it excludes the agencies appointed to carry out
delegated works and tasks.
14.1.2 Using the recourses dedicated under this agreement for the purpose outside the
purview of this agreement.
14.1.3 In case any of the condition and requirements mentioned in the expression of
interest (E-TENDER) application given to the party of the first part by the party of the
second part is found to be misleading, false and incorrect, the party of the first part reserves
the right to cancel the agreement at any time.
14.2 In case of the following non-performance by the party of the second part the penalty
enumerated therein will be imposed by the party of the first part.
14.2.1 The party of the second part shall be responsible for calling the concerned officer In-
charge at the work site (i.e. Telephone Exchange, BTS etc.) at the time of starting as well
as end of duty. If at any of time the party of the second part fails to do so, 5% of the
monthly contract amount will be deducted from the payment of the party of the second part
for every such instance of such negligence on their part.
14.2.2 The party of the first part also reserves the right to monitor the provisions of services
at the work site at any time through visit to the site. In case the party of the second part is
not found at the time of the duty, 10% of the monthly contract amount will be deducted
from their payment for every such instance of such negligence on the part of the party of
the second part.
15. Article 15: EFFECT OF REDRAFTING/RE-EXECUTION
15.1 As described, this agreement is terminable, re-conveyance of this agreement either due
to default or for any other reason, the reputation and the goodwill of Party of First Part
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Signature of bidder
shall forthwith stand reverted and re-conveyance to the Party of First Part. The Party of
Second Part acknowledges that the benefit obtained and accrued to it as a result of this
agreement of said reputation and goodwill shall constitute adequate consideration for such
reversion and re-conveyance in favour of the Party of First Part or party of second part as
the case may be.
15.2 Non use of trade-mark, trade-name, trade secretes on redrafting/re-execution of this
agreement for any reason, the Party of First Part shall directly or indirectly identify in any
manner as a Party of Second Part or the Party of First Part in particular but without
prejudice to forgoing generality, the Party of Second Part shall execute the work assigned
to it.
15.3 Lien and damages;
In the event of redrafting/re-execution of this agreement by the parties, the parties shall be
entitled to claim damages and injuries and the parties agrees to, in such event of
termination, they shall pay amount as decided by arbitrator as liquidated damages to the
injured party.
16. Article 16: MISCELLANEOUS /GENERAL CONDITION
16.1 Interpretation
The recitals incorporated herein make a part of this agreement, total of article, sections,
clauses and paragraphs are used for convenience only and are part of the text. All terms
used in any one gender shall be construed to include any other gender as the context may
require. The singular shall be deemed to include the plural and the plural shall be deemed
to refer to singular as the context may be.
16.2 Entire agreement
This agreement constitutes the entire agreement between the parties and shall prevail over
any other agreements relating to the subject matter thereof. The Party of Second Part
declares that it rely upon no representation, conditions or warranty on the part of the Party
of First Part except herein contain. The agreement is prepared in two original copies having
same effect.
16.3 Non-waiver
The failure of the Party of First Part to exercise any right, power or option given to it
hereunder or non-insistence on options for strict compliance of the terms hereof, by the
Party of Second Part shall constitute a waiver of the terms and conditions of this agreement
with respect to any other or subsequent breach thereof, not a waiver by the Party of Second
Part of its right at any time thereafter to require strict compliance with all the terms thereof.
The right of remedies hereunder is cumulative to other rights on remedies which may be
granted by the law.
16.4 Governing laws
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Signature of bidder
The agreement shall be governed and construed in accordance with the laws of republic of
India.
16.5 Applicable laws
This agreement including any mater relating thereto arising after its expiry or termination
shall be governed by the laws of Indian union.
16.6 Severability
If any provision of this agreement is held invalid by the court decree, the reminder of this
agreement shall not be invalidated.
16.7 Registration
In case of any delay in registration of this agreement or non-registration due to any reason
the effect and strength of this agreement shall have same as of a registered document and
neither party shall raise any objection before any competent authority in this regard.
16.8 Notices
Any notice to be given hereunder shall be in writing and shall be deemed to have been duly
served after two days of the date of despatch if send by the registered post at the recorded
address of the parties. Notices shall be served by both parties at the addresses/fax/email
mention hereunder
Of party of first part
1.
2.
3.
Of party of second part
1.
2.
3.
Or in case, to the arbitrator at his address at;……………………………………..
Also at,……………………………………………………………………………..
16.9 Force majeure clause;
56
Signature of bidder
16.9.1 Force majeure shall mean any event or circumstances or combination of the events
or events or circumstances that materially and adversely affect, prevent or delay any party
in performance of its obligation in accordance with the terms of this agreement but only if
and to the extent such events and circumstances are within the affected
16.9.2 Force majeure events; the force majored events shall consist of civil war, rebellion,
civil commotion, mutiny, flood, tempest, earthquake or other unforeseen forces of the
nature or act of god or due to any restrained or regulation or change in the statute, policy of
the State or Central Govt. like expropriation or compulsory acquisition, exercise of the
Central and / or State Govt. executive prerogative and court stay order.
16.9.3 In the event of a force majeured occurrence , the party invoking the force Majeure
shall promptly notify the other party of such circumstances force majeure occurrence shall
be suspend the parties obligations with respect to circumstances affected by the force
majeure.
16.10 The Party of First Part shall not guarantee any success hence; the Party of First Part
shall not responsible under any circumstances to pay any compensation and / or Damages
or losses incurred by the Party of Second Part.
17. Article 17: Arbitration and jurisdiction
17.1 In the event of any question, dispute or difference arising under this agreement or in
connection therewith, the same shall be referred to the sole arbitrator i.e. the Principal
General Manager Telecom, Kerala Circle, Trivandrum or any officer nominated by him.
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 a 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 a Government Servant he has
expressed his views on all or any of the matters in dispute. The award of the arbitrator shall
be final and binding on both the parties to the agreement. In the event of such an arbitrator
to whom the matter is originally referred, being transferred or vacating his office or being
unable to act for any reason whatsoever, the party of the first part shall appoint another
person to act as an 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.
17.2 The arbitrator may from time to time with the consent of both the parties enlarge the
time frame from making and publishing the award. Subject to the aforesaid, Arbitrator 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.
17.3 The venue of the arbitration proceeding shall be at such places as the arbitrator may
decide.
This agreement consisting …. articles and running into pages (excluding the copies of
resolution) carefully read, and after understanding the contents, was signed by the Party of
57
Signature of bidder
Second Part and the Party of First Part on the………………… day of 2017
at…………………
Agreed and accepted
Signatures of Witnesses of parties are;
BY Party of first part By Party of second part
Through authorized signatory Through authorized signatory
Shri. Shri.
Witnesses;
1.
2.
58
Signature of bidder
ANNEXURE VI
Service to be provided by the contractor or his/ her representatives
1. Digging test pits for identifying the faults ,trenching for laying cables for fault rectification or providing new connection.
2. Carrying the equipments required for identification and rectification of
cable faults to the sites and rectifying the faults and provision of new
connections.
3. Helping TMs in cable jointing , assisting Cable duct work, Teeing, Tee
releasing and testing
4. Helping the TM in House wiring
5. Helping the TM in Drop wire erection
6. Helping the TM in telephone post erection and dismantling
7. Helping TMs in erecting Pillars and associated works (such as earthing,
Plinth construction, painting and sign writing. )
8. Assisting CT Box fitting and terminating cables , Jumpering in pillars , MDF
Etc
9. Helping TM for line fault as well as cable fault rectification.
10. Helping TM for transporting materials for fault rectifications.
11. Any other work related to outdoor maintenance , assigned by the officer in
charge.
59
Signature of bidder
ANNEXURE VII
MANDATE FORM FOR TRANSFER OF PAYMENT THROUGH ELECTRONIC
CLEARANCE / ELECTRONIC FUND TRANSFER. To
The Principal General Manager Telecom Business Area BSNL Bhavan Thiruvananthapuram – 695001 Sir,
Kindly pay any amount due to me/us to my/our Bank account as detailed below either by
Electronic Clearance / Electronic Fund Transfer mode and oblige.
1. Name of the Bidder :
2. Name of the Bank :
3. Name of the Branch :
4. Nature of Account :
5. Account Number :
6. Bank Code (IFS Code) :
7. Address : Date: Signature of Bidder
( To be filled in by the Bank Authorities)
The information furnished above is correct as per our records. Date: Signature of Manager with Bank Seal
(Tel no…………………..)
60
Signature of bidder
ANNEXURE VIII
CERTIFICATE OF NO NEAR RELATIVES
I /
We………………………………S/O……………………………………
hereby certify that none of my relative(s), as defined in the tender document is/are
employed in BSNL units as per definitions given in tender document. In case, at any
stage, it is found that the information given by me/us is false/ incorrect, BSNL shall
have the absolute right to take any action as deemed fit / without any prior intimation to
me/us.
61
Signature of bidder
ANNEXURE IX
CERTIFICATE
(FOR TENDER DOCUMENT DOWN LOADED FROM WEBSITE)
I, …………………………………………(bidder/ authorized signatory)
hereby declare that the Tender document submitted by me has been
downloaded from the website “www.tenderwizard.com/BSNL
&www.kerala.bsnl.co.in”, and no addition/ deletion/correction has been made
in the downloaded set of tender document. I also declare that I have enclosed
DD for Rs………………………………towards the cost of the tender
document along with the tender.
Signature of bidder/ Authorized signatory
Place:
Date:
Name of bidder
Seal of the bidder
62
Signature of bidder
ANNEXURE X
EMD , Estimated cost of SD, Approximate Number of Manpower Required for the
ZONE-I
Sl.No Zone
Appx. No of
Manpower
required
ESTIMATED
COST
In Rupees
EMD
In Rupees
SD
In
Rupees
(5%)
TENDER
COST
In
Rupees.
1 Zone-1 152 2,72,86,500 5,46,000 13,64,325 2,360
63
Signature of bidder
ANNEXURE-XI
LIST OF, DIVISIONS, SUB DIVSIONS & MANPOWER ESTIMATED UNDER
EACH DIVISION(Zone I)
Zone
Divisions Sub Divisions Appox.No of
Manpower reqd
Zone-1
POOJAPPURA Poojappura
152
Nemam
Balaramapuram
Malayikizhu
MANAKKAD Kaithamukku
Chalai
Shankumugham
Manakkad
Vizhingam
SREEKARIYAM Sreekariyam
Kariavattam
Medical College
Paruthippara
Ulloor
VELLAYAMBALAM Vellayambalam
Ambalamukku
Central
Vattiyoorkavu
64
Signature of bidder
ANNEXURE XII
FINANCIAL BID
EPF Registration No. :
ESI Registration No. :
GST Registration number. :
PAN No. :
Zone for which rate is quoted : [Zone-I ]
1 Wages payable by BSNL,
per person
per working day (Basic+
VDA as applicable)
As applicable
2 EPF Contribution from
BSNL(13.15 %)
As applicable
3 ESI Contribution from
BSNL(4.75%) As applicable
4 Service Charges to be
quoted by the bidder per
person per hour of
working. (Exclusive of
GST)
Rs.------------------------------(In Figures)
Rupees---------------------------------------------------------
---------------------------------
(In words)
5 GST Payable by BSNL As applicable from Time to time
Note : 1. Payment will be as per Minimum Wages Act prevailing in Kerala as per
Central/State Labour Commission rates, as indicated at 1, 2, 3 above (current rate) subject
to revision according to clarification/direction issued by Competent authority.
* The rate is as per Notification No.64(1)/2013-B5 Dated 18-06-2013 of Regional Labour
Commissioner(Central),Kochi. Fixed for special unskilled workers, and the entitled VDA
corresponding to living index assed for April, 2013
Signature of the Tenderer:
Name & address: