bharat sanchar nigam limited · bsnl has decided to use process of e-tendering process for inviting...

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1 A.G.M. (CFA-PLG) Signature of Tenderer with seal O/o GMTD Nadiad BHARAT SANCHAR NIGAM LIMITED (A Govt. of India Enterprise) KHEDA TELECOM DISTRICT O/o GENERAL MANAGER TELECOM DISTRICT, NADIAD TENDER DOCUMENT Providing the multi utility commercial vehicles on hiring basis with licensed drivers For Transportation of man with material / store items in the jurisdiction of Nadiad SSA e-Tender NO: KTD/MM/T- 07 /Hiring of Vehicle/2017-18 PART – A TECHNICAL BID Tender Form fee: Rs. 500/- (Non-refundable) NAME & ADDRESS OF THE TENDERER: ______________________________ ______________________________ ______________________________ Phone (O) _________________ Mobile No _________________________ ASSISTANT GENERAL MANAGER (CFA-PLG) O/O GENERAL MANEGER TELECOM DISTRICT 1 st FLOOR, ROOM NO 104, DOOR SANCHAR BHAVAN PIJ ROAD, NADIAD-387 002

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Page 1: BHARAT SANCHAR NIGAM LIMITED · BSNL has decided to use process of e-tendering process for inviting this tender and thus the physical copy of the tender would not be sold. NOTE: -

1

A.G.M. (CFA-PLG) Signature of Tenderer with seal

O/o GMTD Nadiad

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

KHEDA TELECOM DISTRICT O/o GENERAL MANAGER TELECOM DISTRICT, NADIAD

TENDER DOCUMENT

Providing the multi utility commercial vehicles on hiring basis with licensed drivers For

Transportation of man with material / store items in the jurisdiction of Nadiad SSA

e-Tender NO: KTD/MM/T- 07 /Hiring of Vehicle/2017-18

PART – A

TECHNICAL BID

Tender Form fee: Rs. 500/- (Non-refundable)

NAME & ADDRESS OF THE TENDERER: ______________________________ ______________________________

______________________________ Phone (O) _________________ Mobile No _________________________

TABLE OF CONTENTS

ASSISTANT GENERAL MANAGER (CFA-PLG)

O/O GENERAL MANEGER TELECOM DISTRICT

1st FLOOR, ROOM NO 104, DOOR SANCHAR BHAVAN

PIJ ROAD, NADIAD-387 002

Page 2: BHARAT SANCHAR NIGAM LIMITED · BSNL has decided to use process of e-tendering process for inviting this tender and thus the physical copy of the tender would not be sold. NOTE: -

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A.G.M. (CFA-PLG) Signature of Tenderer with seal

O/o GMTD Nadiad

INDEX

Part – A Technical Bid Page No 1-33

Section contents Page No I Notice Inviting Tender (NIT) 3-5 II Bid Form 6 III Tenderer’s Profile 7 IV Eligibility & Documents required 8 V General Terms & Conditions of Tender 9-13 VI Scope of work 14-15 VII General (Commercial) Conditions of Contract 16-19 VIII Special Terms & Conditions of Contract 20 IX Declaration regarding near relatives 21 X Undertaking regarding Labour License 22 XI Checklist for Bidder 23 XII E-Tendering Instructions to bidders 24 - 27 XIII Details regarding offered vehicles 28 Annexure - A Draft for Agreement 29-30 Annexure – B Draft for Performance Security Bond 31-32 Appendix – I Undertaking 33

Part – B Financial Bid Page No 34 - 36

Section contents Page No XIV Rate Sheet 35 - 36

Page 3: BHARAT SANCHAR NIGAM LIMITED · BSNL has decided to use process of e-tendering process for inviting this tender and thus the physical copy of the tender would not be sold. NOTE: -

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A.G.M. (CFA-PLG) Signature of Tenderer with seal

O/o GMTD Nadiad

BHARAT SANCHAR NIGAM LIMITED

(A Government of India Enterprise) KHEDA TELECOM DISTRICT

OFFICE OF THE GENERAL MANAGER TELECOM, NADIAD

e-Tender No: KTD/MM/T-07/Hiring of Vehicle/2017-18/ Dated @ NAD the 21.12.2017.

Section - I

NOTICE INVITING e-TENDER For and On behalf of BSNL, e-tenders are invited from eligible bidders as per the eligibility condition of this NIT by General Manager Telecom District, Nadiad for hiring of multi utility commercial vehicles with licensed drivers for transportation of man with material / store items for Nadiad SSA. Details are as under.

Sl. No.

Zone. No.

Name of Unit / Station Type of vehicle required Fixed monthly Km.

Bid Security (In Rs)

Estimated cost As per SOR (In Rs) per annum

1 I D.G.M (CFA), Anand Indica/Wagon-R/similar

type of vehicle 1500 4195.00 209700.00

2

II

AGM (EB), Anand Maruti Van 2000

12028.00 601392.00 3 D.E (R ), VV Nagar Maruti Van 1500

4 JTO(Trans), Anand Maruti Van 1500

5

III

SDE (CMTS - I) Anand Maruti EECO 2000

13502.00 675108.00 6 SDE (CMTS-II), Anand Maruti EECO 2000

7 SDE (Trans) Anand Maruti EECO 2000

8

IV

SDOT – Sarsa Maruti Van 1500

15668.00 783456.00 9 SDOT-Borsad Maruti Van 1500

10 SDOT- Petlad Maruti Van 1500

11 SDOT – Cambay Maruti Van 1500

12 V

DGM (CM /CFA), Nadiad Indica/Wagon-R/similar type of vehicle

1500

8388.00 419400.00 13

DGM (Fin.), Nadiad Indica/Wagon-R/similar type of vehicle

1500

14

VI

S.D.E. (Mktg.), Nadiad Maruti Van 1500

11752.00 587592.00 15 SDOT – Nadiad Maruti Van 1500

16 AGM (Trans) Nadiad Maruti Van 1500

17 VII SDOT – Kheda Maruti Van 2000 4193.00 209664.00

18 VIII SDOT – Kapadwanj Maruti EECO 2000 4501.00 225036.00

19 IX

SDOT – Balasinor Maruti Van 1500 7834.00 391728.00

20 SDOT – Dakor Maruti Van 1500

21 X

SDE (CMTS), Nadiad Maruti EECO 2000 9002.00

450072.00 22 SDE (Trans.), Nadiad Maruti EECO 2000

Tender document download date & Time - From: 10:30 hrs of 23.12.2017 to 13:55 hrs of 12.01.2018. Date & Time for online bid submission: - Up to 14:00 hours on 12.01.2018. Date & time of on line bid opening: - Date 12.01.2018 from 14:30 hours onwards

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A.G.M. (CFA-PLG) Signature of Tenderer with seal

O/o GMTD Nadiad

1. Eligibility for Bidding: - (a) The bidder should have at least one year experience certificate of satisfactory performance in similar services with

Central/State Government/PSU or reputed Private Limited Companies/Firms for 12 month continuously and amount of at least Rs 2,00,000.00 (Rs Two Lakhs only) during the period 01.12.2012 / to 30.11.2017

(b) The bidder should have minimum 16.67% (at least one vehicle) of his own or on lease of the total quantity of vehicles of the zone or zones for which the bidders has applied. The bidder can apply for any number of zones. The vehicles should have commercial passing from RTOs in the name of proprietor/ company/partnership firm/director and should be not older than three years from the date of NIT. The full details of the vehicles proposed to be supplied and a clear declaration that the firm will be able to supply commercial vehicles shall be provided.

(c) Bidder should have his office and business established in Nadiad SSA. That means he can have his office in either Anand or Nadiad district.

2. Duration of contract: Normally contract will be awarded for a period of one year with an option of extension for a further period of first three months unilaterally by BSNL at the same rates, terms & conditions.

3. Minimum validity of tender offer: - 180 days from the date of tender opening. The BSNL reserves the right to request the lowest 3 bidders as per read out list on the opening day to extend the bid validity for a period of further 120 days and the bidder has to necessarily extend the bid validity. Refusal to extend the bid validity will result in forfeiture of the bid security. A bidder accepting the request and extending the bid validity will not be permitted to modify his bid.

4. Tender document should be downloaded from the website: www.gujarat.bsnl.co.in or www.bsnl.co.in. The bidder can

participate in the e-tender by downloading e-tender from https://eprocurement.synise.com/bsnl1/gujarat from 23.12.2017 10:30 hours to 12.01.2018 13:55 hrs.

5. The bidder are required to submit the tender fee Rs 500.00 (Non refundable) thorough demand draft from any nationalized /schedule bank in favor of Account Officer (Cash) BSNL, O/o GMTD Nadiad payable at Nadiad, Non receipt of bid form fee in prescribed mode of payment will disqualify the bidder and bid uploaded online will be summarily rejected.

6. BSNL has decided to use process of e-tendering process for inviting this tender and thus the physical copy of the tender would not be sold. NOTE: - The Tender Document shall not be available for download after its closing date & time as mentioned in NIT.

7. BSNL does not own any responsibility for any discrepancies or alteration/omission in the contents of tender document while downloading from the website or otherwise. Contract documents will be prepared based on the master copy of Tender document available in the office and the same will be binding on the contractor. If any change found in tender document submitted by the tenderer at any stage, will be treated as fraud done to the BSNL and will be subject to the cancellation of agreement done (if any) and appropriate action will be taken against the tenderer.

8. GMTD Nadiad reserves the right to cancel the tender at any stage without assigning any reason.

9. The BSNL reserves the right to disqualify such bidders who have a record of not meeting contractual obligations against earlier contracts entered into with the BSNL.

10. Type of Vehicle Required:

Gropup A: - Tata Indica/Maruti Wagon R/Tata Indigo/Similar type of vehicle

Group B: - Maruti Ecco

Group C - Maruti Van

The hired vehicles supplied to the BSNL should not be older than three years from the date of NIT and with a valid current fitness certificate issued by transport authority

(a) Hired vehicles should be registered commercial vehicles having taxi/maxi passing.

(b) Fuel used by the hired vehicles may be of Diesel/CNG/Petrol with proper entry in the concerned RC books issued by transport authority.

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A.G.M. (CFA-PLG) Signature of Tenderer with seal

O/o GMTD Nadiad

No AC unit is required in the hired vehicles and hence no extra charge for AC units will be paid by BSNL .

(c) Category-I: when approved rates are available for all zones. The bidder may be asked to provide one or more additional vehicle of same type at the same rates, terms & conditions in the zone/zones in which his tender has been approved. Similarly a bidder can also be asked to supply one or more than one vehicles of same type in the other zone/zones also at the approved rates of the respective zone/zones (i.e at the approved rates of zone / zones in which vehicle is required). If more than one contractor is willing to work at other zone / zones then BSNL will decide whom the work is to be given. The decision of BSNL will be final and binding. Category-II: when approved rates are not available for some zone/zones It may be possible that there may not be any bidder for a zone / zones. In this case the approved contractors can be asked to give vehicle of same type in these zone / zones. The contractor having lowest rate among all approved zone/ zones will be asked to give vehicle of same type at his lowest approved rate. If he denied than 2nd lowest contractor will be given option to work at lowest the rates of all zones and so on. Similarly if nobody is willing to work at lowest approved rate of all zones then option will be asked from the contractors to work at 2nd lowest rates of all zones and so on. On this basis work will be given maximum for 3 months period.

11. All bidders are hereby informed that pre-bid conference shall be conducted on dated 08.01.2018 at 15:00 hours in the chamber of DGM (CFA Plg.), Room No.207, Second floor, Door Sanchar Bhavan, Nr. Vallabhnagar Society, Pij Road, O/o GMTD, Nadiad for query on bid document.

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A.G.M. (CFA-PLG) Signature of Tenderer with seal

O/o GMTD Nadiad

SECTION – II

BID FORM To, The General Manager BSNL,Nadiad

Sir,

With reference to e-tender notice number KTD/MM/T- 04/ Hiring of Vehicle/2016-17/ dated 21.12.2017.

1. I/we have read and understood all the terms and conditions mentioned in the tender form and agree to abide by all conditions laid down therein.

2. Bid submitted by us online as per conditions.

3. We agree to abide by this Bid for a period of 180 days from the date fixed for Bid opening (Qualifying Bid) and it shall remain binding upon us and may be accepted at any time before the expiry of that period.

4. I/we have not bid for this tender under any other name.

5. I/we understand that GMTD Nadiad can reject the tender without assigning any reason thereon. The decision of the GMTD Nadiad will be the final in all cases.

6. I/We undertake, if my/our online Bid is accepted, I/We will execute the work in accordance with specifications, time limits and terms and conditions stipulated in Bid document.

7. I/we undertake, if my/our Bid is accepted, I/we will take the vehicles on lease from the other vehicle owners before execution of agreement for the BSNL and will submit the relevant documents of all leased vehicles viz (i) copy of RC book, (ii) insurance copy of vehicle, (iii) fitness certificate of vehicle (iv) lease document specifying the purpose of lease.

8. I have submitted the Bid Security (EMD) of Rs _____________ in the form of Demand Draft No _________________________ Dated __________________ to AGM (CFA-Plg) O/o GMTD Nadiad in properly sealed (wax/PVC Tape) cover & its scanned copy is attached with online technical bid.

9. Rates offered by me/us are given online in the financial bid.

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

11. Until a format 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.

12. I/we hereby declare that my firm is not Black Listed by any SSA / Circle of BSNL

13. I/we under take that if my bid is accepted, I will take BSNL Connection.

Signature of Party with rubber stamp & date

Full Name (In block letters) __________________ Capacity in which signed _________________________

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A.G.M. (CFA-PLG) Signature of Tenderer with seal

O/o GMTD Nadiad

SECTION – III

TENDERER’S PROFILE

Passport size Photograph of the

Tenderer / authorized

Signatory holding Power of Attorney

1. Name of the tenderer/firm : ____________________________________ 2. Name of the person submitting the tender : _____________________________________

(In case of proprietary/partnership firms, the tender has to be signed by Proprietor/Partner only, as the case may be) 3. Address of the firm : ______________________________________ 4. Tel. No. (With STD code) :

a) (O) ………………………………. b) (Fax) ………………………………. c) (Res) ………………………………. d) Mob No ……………………………..

5. Registration & incorporation particulars of the firm: (please Tick as applicable) i) Individual Name ii) Proprietorship iii) Partnership iv) Private Limited Co. v) Public Limited Co. vi) Recognized by Govt. of India/Gujarat as Tourist Transport operator (Please attach attested copies of documents of registration/incorporation of your firm with the competent authority as required by business law).

6. Name of Proprietor/Partners/Directors: _______________________________________ 7. Income tax PAN Number of the party/Firm : _______________________________________

Income Tax circle : ________________________ ((NB:- If not available, must be applied for and documentary proof regarding the application made should be furnished)

8. My GST registration number (if available) : ________________________________ (NB:-If not available, must be provided with in three months from the date of Issue of FAT if it is required as per GST Rules and an undertaking to the effect must be furnished)

9. My EPF registration number : _________________________________ 10. My ESI registration number : _________________________________ 11. Any other social security scheme for workers ( I f A v a i la b le ) :

(Like group insurance/personal a c c i d e n t insurance/pension e t c for Drivers) (Give details) NB:-If not available, must be provided with in three months from the date of Issue of FAT if the owner/lesser himself is not the driver of the vehicle and an undertaking to the effect must be attached) Place: Signature of tenderer / authorized signatory with rubber stamp Date: Name of the tenderer

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A.G.M. (CFA-PLG) Signature of Tenderer with seal

O/o GMTD Nadiad

SECTION – IV

Documents to be submitted along with the bid for eligibility Bidder has to submit online all the scanned copies of the following Documents/Certificates along with the online technical bid.

i. Bid Security (Earnest Money Deposit) as per Section I (Notice Inviting Tender). ii. Tender document to be uploaded duly filled in and digitally signed by bidder or his authorized representative. iii. The documentary proof of vehicle’s for ownership/lease deed (i.e copy of R C Book, Insurance & fitness certificate issued by

Transport Authority) in his own name / lessee name as per mentioned in NIT (i.e. 16.67% vehicles- at least one vehicle- of the total quantity of vehicles of the zone / zones for which the bidder has applied.).

iv. For the Proprietorship firm - Copy of Registration of firm OR shop act license or GST registration or copy of registration as Tourist Transport operator by Govt.of India/Govt.of India / Gujarat.

v. For the Limited company - Copy of Memorandum of Article or shop act license or GST registration. vi. For the partnership firm - Authenticated copy of partnership deed & no objection certificate from other partners

vii. For tourist transport operator: copy of registration as Tourist Transport operator by Govt. of India/Govt. of Gujarat.

viii. Bid Form duly filled in (Performa given in Section – II) ix. Tenderer’s profile duly filled in (Performa given in Section – III) x. Declaration regarding any near relative not working in BSNL (Performa given in Section – IX)

xi. Bidder should submit the copy of GST Registration Certificate. xii. Bidder should submit the copy of EPF/ESI Registration Certificate. xiii. The bidder shall furnish a latest & valid NSIC / MSME certificate (if applicable) as a part of his bid documents for establishing

the bidder’s eligibility. xiv. Bidder should submit the labour license certificate within in one month from the date of issue of FAT. (If Applicable). xv. The bidder should have at least one year experience certificate of satisfactory performance in similar services with

Central/State Government/PSU or reputed Private Limited Companies/Firms for 12 month continuously and amount of at least

Rs 200000.00 (Rs Two Lakhs only) during the period 01/12/2012 to 30.11.2017. The experience certificate must be issued

under the signature not below the rank of AGM / DE / STS level officer/ Class-I officer of BSNL or Central or state

Government. If bidder has experience of similar type of work in any private company, then experience certificate must be

issued under the signature equivalent to the rank of AGM / DE level officer of BSNL.

xvi. The copy of PAN card if available .If not available then bidder has to submit it within three months. xvii. The bidder has to submit the list of own/leased vehicles having taxi/maxi passing permit from the RTO, if available. If not

available than it should be submitted within 15 days of the intimation of the approval of Tender. xviii. The bidder shall furnish a latest & valid NSIC / MSME certificate (if applicable) as a part of his bid documents for establishing

the bidder’s eligibility. Note:-

1. All the copies of above documents/certificates should be self attested by the bidder and uploaded online. 2. The original documents may be called for as & when required for verification.

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A.G.M. (CFA-PLG) Signature of Tenderer with seal

O/o GMTD Nadiad

SECTION – V

GENERAL TERMS AND CONDITIONS OF TENDER 1. Sub-contracting will amount to breach of contract. 2. The Contractor must read carefully all the Instructions, General Terms & Conditions of tender, Scope of Work

General (commercial) conditions of contract, Special Terms & Conditions of contract given in the tender document before filling up the Bid. Failure to furnish all information required as per the Bid Documents and submission of bids not substantially responsive to the Bid Documents in every respect will be at the bidder’s risk and shall result in rejection of the bid.

3. Putting of any condition other than those specified in the tender document will not be accepted and that conditional tender is liable to be summarily rejected. No modification by the contractor in any of the conditions will be permitted after the tender is opened.

4. Regarding participation of near relatives of BSNL employees in the Tender / Execution of works in BSNL Units:- It has been decided that the near relatives of BSNL employees either directly recruited or on deputation are prohibited from participation in tender and execution of works in the different units of BSNL. The detailed guidelines in this regard are given in the following paragraphs

(a) The near relatives for this purpose are defined as i. Members of a Hindu Undivided family, ii. They are husband and wife, iii. The one is related to the other in the manner as father, mother, son(s) & son’s wife (daughter in law), daughter (s) &

daughter’s husband (son in law), brother (s) & brother’s wife, sister (s) & sister’s husband (brother in law) (b) As per Government of India’s CCS Conduct rule, no Government servant shall in the discharge of his official duties

deal with any matter or sanction any contract to any company or for any other person if any member of his family is employed in that company or firm or under that person or if he or Any member of his family is interested in such matter or contract in any other manner and the Govt. Servant shall refer every such matter or contract to his official superior.

(c) The company/or firm or any other person is not permitted to tender for works in BSNL Unit in which his near relative(s) is (are) posted. The unit is defined as SSA / Circle/Chief Engineer/Chief Archt./ Corporate office for non-executive employees and executive employees (including those called as Gazetted officers at present).Therefore, it has been decided by the competent authority that the tenderer should give a certificate that none of his/her such near relative is working in the units as defined above where he is going to apply for tender/work. Any branch of these conditions by the company or firm or any other person, the tender work will be cancelled and earnest money / security deposit will be forfeited at any stage whenever it is so noticed. The department will not pay any damage to the company or firm or the concerned person. The company or firm the person will also be debarred for further participation in the concerned unit.

5. The firm/party BLACK LISTED by Central Government/State Government or any unit of BSNL shall not be eligible for bid and the tenderer black listed by Central Government/State Government or any unit of BSNL suppression of this information at the time of filling of tender and subsequently will amount to automatic rejection and forfeiture of all deposits at any stage.

6. Any attempt to negotiate directly or indirectly by tenderer with the authority to whom the tender is submitted to or with the authority who is competent to accept the tender or endeavors to secure interest for actual or prospective tender or influence by any means will disqualify the tender and same will be rejected and action to black list the tenderer will be taken by competent authority.

7. GMTD Nadiad has full discretion to award the entire or part of the work in any part of the zone / zones to one or more contractors at any time or to carry out departmentally or through any other agency.

8. GMTD Nadiad is not bound to accept the lowest tender and reserves the right to accept or reject any or all tenders without assigning any reasons what so ever.

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A.G.M. (CFA-PLG) Signature of Tenderer with seal

O/o GMTD Nadiad

9. BID DOCUMENTS: This tender document consists of two parts viz Part – A : Technical Bid Part – B : Financial Bid

10. Queries on bid documents: a) A prospective bidder, requiring any clarification on the Bid Documents shall notify the BSNL in writing or by FAX

and by email of the BSNL’s mailing address mentioned in the tender document. The BSNL shall respond in writing to any request for clarification of the Bid Documents, which it received not later than 7 days prior to the date for the opening of the tenders. This date shall prevail over the corresponding date for submission of queries appearing on e-tender portal at any time. Copies of the query (without identifying the source) and the clarifications by the BSNL shall be uploaded on BSNL website as clarifications. On e-procurement portal of Gujarat Circle portal, clarification shall be available as “Addendum”, for all the prospective bidders who have downloaded the official copy of tender document from e-procurement portal of Gujarat Circle. .

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

11. Amendment of bid document: a) At any time, prior to the date for submission of bids, the BSNL may, for any reason whether sue motto or in

response to a clarification request by a prospective bidder, modify the bid documents by amendments with due notification to prospective bidders.

b) The amendments shall be notified in writing by post or by FAX or Email or by addendum through e-tendering portal (for tenders invited through e-tendering process) to all prospective bidders on the address intimated at the time of submitting the e-tender and these amendments will be binding on them.

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

d) In case of tender document downloaded from the official web site, the tenderer should submit the required cost of bid document as prescribed in the form of DD alongwith tender and any discrepancy found in the tender document submitted by the tenderer, the tender uploaded by the BSNL will be treated as valid and any change found in the tender document submitted by the tenderer at any staged, will be treated as fraud done to the BSNL and will be liable to cancellation of agreement done (if any) and appropriate action will be taken against the tenderer.

12. Cost of Bidding: The bidder shall bear all costs associated with the preparation and submission of the bid. The BSNL, will in no case, be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process.

13. Bid Security ( Earnest Money Deposit): a) Earnest Money Deposit for applied zone/ zones individually or combinely as mentioned in NIT is to be deposited to

AGM (CFA-Plg) O/o GMTD Nadiad Room No 104, 1st floor, Door Sanchar Bhavan, Pij Road Nadiad-387002 in sealed cover (by packing PVC Tape/Wax) in the form of Demand Draft drawn of any Nationalized/Schedule Banks (payable at Nadiad only) in favour of Accounts Officer (Cash), BSNL, O/o GMTD Nadiad. Also the said sealed cover to be marked as “Bid Security (EMD) + Bid Cost”.

b) The scanned copy of Demand Draft for payment of EMD should invariably be attached with the technical bid. Bid without EMD payment will be rejected at the opening stage itself. However, the NSIC / MSME registered bidders are exempted from payment of bid security with following condition.

i) A proof regarding valid registration with body specified by ministry of NSIC / MSME for the tendered items will have to be attached along with the bid.

ii) The enlistment certificate issued by NSIC / MSME should be valid on the date of opening of tender. iii) NSIC / MSME unit is required to submit its monthly delivery scheduled.

c) The earnest money deposit of successful bidders is compulsorily to be converted into the part of the security deposit.

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A.G.M. (CFA-PLG) Signature of Tenderer with seal

O/o GMTD Nadiad

d) The bid security (EMD ) shall be forfeited: i. If a bidder withdraws his bid during the period of bid validity specified in the bid document. ii. If the bidder makes any modifications in the terms and conditions of the tender before acceptance of the tender,

which are not acceptable to the BSNL. iii. If a bidder fails to accept the tender offer, if his/ their tender is accepted. EMD for only that particular zone /

zones will be forfeited in which bidder failed to accept the offer. iv. In case of a successful bidder, the bid security (EMD ) shall be forfeited if the bidder fails;

To deposit the Security Deposit.

To sign the agreement. v. In both the above cases, the bidder will not be eligible to participate in the tender for same item for one /more years

from the date of issue of APO/PAL. The bidder will not approach the court against the decision of BSNL in this regard.

d) The Earnest Money Deposit of unsuccessful bidders will be refunded without any interest after finalization of the tenders and submission of Security Deposit by the successful bidders.

14. Method of submitting following documents in original Following Documents are to be submitted in hard copy, in properly wax/packing PVC tape sealed envelope marked “Form fee (+) EMD” and forwarded to AGM (CFA-Plg), O/o GMTD, Nadiad, Room No.104, 1st Floor, Door Sanchar Bhavan, Pij Road, Nadiad – 387 002, which should reach before 14:00 Hrs. on dtd. 12.01.2018. 1. Demand Draft of Tender form Fee Rs 500.00 (non refundable). However, the NSIC / MSME registered bidders

are exempted from payment of Tender Form Fee with following condition. o A proof regarding valid registration with body specified by ministry of NSIC / MSME for the tendered items

will have to be attached along with the bid. o The enlistment certificate issued by NSIC / MSME should be valid on the date of opening of tender. o NSIC / MSME unit is required to submit its monthly delivery scheduled.

2. Demand Draft of EMD as mentioned in NIT 3. Power of Attorney Note: The Bidder has to upload the Scanned copy of all above said original documents as Bid- Annexure during Online Bid-Submission also.

15. SUBMISSION OF BIDS:- a) The person(s) signing the tenders shall state in what capacity they are signing the tender. In case the tender is not

signed by sole proprietor or all the partners of the company; the person(s) should enclose a certificate to the effect that he/they is/are authorized to sign the tender and the terms and conditions signed by him/them will be binding on the firms. The tenderer should also sign wherever cutting/ over writing is there in the tender document.

b) Tender should be uploaded on from https://eprocurement.synise.com/bsnl1/gujarat on or before 14.00 Hrs. of 12.01.2018.

16. Opening of Bids by the BSNL: a) Tender shall be opened online on due date 12.01.2018 at 14:30 Hrs. in the chamber of AGM (CFA-Plg), O/o

GMTD, 1st Floor, Room No. 104, Door Sanchar Bhavan, Pij Road, Nadiad in the presence of tenderers or their authorized representatives.

b) If the tender opening date will be declared as holiday, the tender will be opened on next working day, time and venue will remain unaltered.

c) The bidder’s representative, who is present, shall sign an attendance register. The bidder shall submit authority letter before they are allowed to participate in the bid opening.

d) Whenever it is considered necessary to postpone the opening date of tender, quick decision shall be taken and communicated to the tenderers who have purchased the tender documents and shall be at least one day before the original date of opening. Such notice of extension of date of opening shall also publish in the newspapers in which original NIT have been published.

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e) First the envelopes marked “Form fee (+) EMD” shall be opened and examined. The bidders who have submitted proper form fee, EMD as per bid document, their technical bid shall be opened online on the date of tender opening given in NIT. The financial bid of those bidders whose technical bids are approved by competent authority will be opened by TOC in front of techno-commercially eligible bidders / authorized representative by sending them suitable notice.

17. Any clarification on details of the work can be obtained from AGM (CFA-Plg) / SDE (MM) before One week from the date specified for opening of the tender.

18. Modification and Withdrawal of bid: The bidder may modify or withdraw his bid online after submission prior to deadline prescribed for submission of bid. If a bid is withdrawn, the same shall be archived unopened in the e-procurement portal of Gujarat circle. The bidder can make modification or withdraw his bid physically but bidder has to send withdrawal notice by FAX, followed by a signed confirmation copy post marked not later than the deadline for submission of bid. No bid shall be allowed for modification subsequent to the deadline for submission of bid.

19. Clarification of bids by the BSNL: To assist in examination, evaluation and comparison bids, the BSNL may, at its discretion ask the bidder for clarification of its bid. The request for its clarification and its response shall be in writing. However, no post bid clarification at the initiative of the bidder shall be entertained. Any clarification issued by BSNL, in response to query raised by prospective bidders shall form an integral part of bid documents and it may amount to amendment of relevant clauses of the bid documents.

20. Period of validity of bid: Bid shall remain valid for 180 days from date of opening of the bid (Qualifying Bid).Bid for a shortage period shell be rejected as non responsive. The BSNL reserves the right to request the lowest 3 bidders as per read out list on the opening day to extend the bid validity for a period of further 120 days and the bidder has to necessarily extend the bid validity. Refusal to extend the bid validity will result in forfeiture of the bid security. A bidder accepting the request and extending the bid validity will not be permitted to modify his bid.

21. PRELIMINARY EVALUATION: - a) BSNL shall evaluate the bids to determine whether they are complete, whether any computational errors have been

made, whether required sureties have been furnished, whether the documents have been properly signed and whether the bids are generally in order.

b) Prior to the detailed evaluation, the BSNL will determine the substantial responsiveness of each bid to the bid document. A substantially responsive bid is one, which conforms to all the terms and conditions of the bid documents without deviations. The BSNL’s determination of bids responsiveness is to be based on the contents of the bid itself without recourse to extrinsic evidence.

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

d) The BSNL may waive any minor infirmity or no-conformity or irregularity in a bid, which does not constitute a material deviation, provide such waiver does not prejudice or affect the relative ranking of the bidder.

e) If any of the documents, required to be submitted along with the technical bid, is found wanting, the offer is liable to be rejected at that stage. However the purchaser at it’s discretion may call for any clarification regarding the document. The purchaser at it’s discretion may also ask for the submission of any additional/missing documents (s) within a stipulated time period. In such case (s) the bidder shall have to comply the purchaser’s requirement within the specified time. In case of non-compliance to such queries, the bid will be out rightly rejected without entertaining further correspondence in this regard.

f) The BSNL reserves the right to disqualify such bidders who have a record of not meeting contractual obligations against earlier contracts entered into with the BSNL.

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22. Evaluation and Comparison of substantially responsive bids: a) For Technical Bid: - The BSNL shall evaluate in detail and compare the bids previously determined to be

substantially responsive and the bidder who had fulfills all initial terms and conditions of the tender will be considered as eligible bidder. Financial bid of eligible bidders only will be considered for opening. Date of financial bid opening will be intimated to all eligible bidders. The BSNL reserves the right to disqualify such bidders who have a record of not meeting contractual obligations against earlier contracts entered into with the BSNL.

b) For Financial Bid: - The evaluation will be made Zone wise separately as per the rate quoted online by the bidder in financial bid on percentage base, above, below or at par of SOR and L-1 shall be decided Zone wise separately who has quoted the lowest rate in particular Zone of financial bid.

23. Contacting the BSNL: Any effort by the bidder to modify his bid or influence the BSNL in the BSNL’s bid evaluation, bid comparison or the contract award decisions shall result in the rejection of the bid.

24. Issue of Letter of Intent (LOI): a. The issue of letter of intent shall constitute the intention of the BSNL to enter in to the contract with the successful

bidder. Letter of intent will be issued as an offer to the successful bidder. b. The bidder shall within 15 days of issue of letter of intent, give his acceptance along with Security Deposit as

mentioned in para 5 of Section VII. 25. Award of contract:

a) The BSNL shall consider award of contract zone wise only to those eligible bidders whose offers have been found technically, commercially and financially acceptable for respective zone / zones. Normally the bid of the tenderer who quoted lowest rate (as mentioned in financial bid) will be accepted.

b) However the BSNL reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids, at any time prior to award of contract without assigning any reason whatsoever and without thereby incurring any liability to the affected bidder or bidders.

c) The BSNL reserves the right to disqualify such bidders who have a record of not meeting contractual obligations against earlier contracts entered into with the BSNL.

d) The BSNL reserves the right to counter offer price(s) against price(s) quoted by any bidder. e) The BSNL reserves the right to award the work in any zone / zones to a single contractor or split the work among

two or more contractors as per requirement of BSNL. The assessment of GMTD Nadiad in this regard shall be Final and binding.

f) If the work in one zone / zones is awarded to more than one contractor, the demarcation of the work among the various contractors shall be decided by GMTD Nadiad and the demarcation will be communicated in writing to the concerned tenderer .In such cases the quantity of work will be awarded as per procurement policy.

g) Normally the amount of SD will remain unaltered in all cases mentioned above. 26. Signing of Agreement:

a) The successful tenderer will have to execute an agreement on a non judicial stamp paper of Rs. 100/-( the cost of the stamp to be borne by the tenderer) in the prescribed form to effect that the tenderer is bound by the terms and conditions of the agreement

b) The signing of agreement shall constitute the award of contract on the bidder. The agreement with the successful bidder shall be signed by the BSNL within a week of submission of Security Deposit

27. Annulment of award: Failure of the successful bidder to deposit performance Security Deposit and Signing of Agreement shall constitute sufficient ground for the annulment of the award and forfeiture of the bid security in which event the BSNL may make the award to any other bidder at the discretion of BSNL or call for new bids.

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SECTION – VI

SCOPE OF WORK 1. Service to be provided :-

During the entire period of contract, the contractor has to provide the multi utility commercial vehicles on hiring basis with licensed drivers for transportation of man with material/store items in the jurisdiction of respective zone / zones of Nadiad SSA and within Gujarat Circle in case of occasional need. The essence of the contract is to provide Prompt, Punctual, Efficient, Safe, Courteous and Quality Service.

2. Quantity of Vehicles :- The quantity of vehicles, fixed monthly kilometers and estimated cost mentioned in the tender is tentative and it may be increase or decrease up to 25% (minimum 1 vehicle) in each zone at the approved rate of concerned zone as per actual requirement at the sole discretion of GMTD, Nadiad. GMTD, Nadiad can approve any amount of extra Kms beyond 25 % of monthly limit for any vehicle as per field requirement. Also, it should be clearly noted that BSNL shall place the order to provide vehicle for any unit of Nadiad SSA, as and when required. Type of vehicles :-

Group A: - Tata Indica/Maruti Wagon R/Tata Indigo/Similar type of vehicle

Group B: - Maruti Ecco

Group C - Maruti Van

a) The hired vehicles supplied to the BSNL should not be older than three years from the date of NIT and with a valid

current fitness certificate issued by the Transport Authority. b) Hired vehicles should be registered commercial vehicles having Taxi/Maxi passing c) Fuel used by the Hired vehicles may be of Diesel/Petrol/CNG with proper entry in the concerned RC Books issued

by Transport Authority. d) No AC unit is required in the hired vehicles and hence no extra charge for AC units will be paid by BSNL

3. Duty Hours :- Duty Hours of vehicles are normally for ten hours per day on all working days of month except holidays [ie. T.H and Sunday]. The duty hours shall start from reporting time however actual duty hours shall be specified by actual users of the vehicle. The user of the vehicle can call the vehicle on urgent requirement on holidays also for any time for which per hour extra charges will be paid at the rate of detention charges approved in this tender.

4. Reporting place :- Any place within the jurisdiction of Nadiad SSA. Actual place of reporting shall be specified by actual users of vehicles

5. Counting of distance :- From starting point of the user and closing at the point wherever user completes his travel the distance covered in each way between user delivery address and the garage/ normal parking place will be allowed on actual basis or 5 KMs whichever is less. The contractor shall have to provide the address / location of the garage / normal parking place of the hired vehicles to actual users of vehicles

6. Accuracy of meters :- The meter reading should tally the actual distance of run at any instant and authorized officer shall have full power the check up the meter for its correctness and in the event of any error/fault in the meter being noticed, the bill for the journey undertaken (including those undertaken earlier) would be adjusted, besides any other penal action as decided by BSNL, which may even lead to termination of Contract. The contractor may do regular checking of meter by the designated transport authority and requisite certificate may be shown to BSNL as and when demanded.

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7. Documents of vehicles :- The attested copy of R/C Book, the Insurance policy and lease deed of vehicles supplied under this contract should be submitted to the authorized person of the BSNL and will be subject to scrutiny.

8. Driver :- a) Assign driving to only qualified experienced licensed drivers and also assume full responsibility for the safety and

security of the officers/officials and store items. b) Proper Identity Cards should be issue to all their drivers who are deployed on BSNL duty after verifying their

antecedent thro’ Local Govt. authority. 9. Unused KMs

During a particular month, unused Kms of contractual Kms will be carried over to the subsequent two months and will be adjusted against any extra KMs if performed over and above the agreed slab for the hired vehicle. A Certificate to this effect is given on the body of bill while submitting claim for payment.

10. The cost of Fuel, lubricants, repairs, maintenance, Govt.Taxes or duty, insurance, etc. for the vehicles will be liability of contractor.

11. Parking and Toll charges, if any, may be claimed by producing the parking/Toll slips. 12. Regarding leased Vehicles from other vehicle owners:-

a) If the contractor take the vehicles on lease from the other owners of vehicle for the BSNL, the contractor should make a lease deed (Agreement) with the owner of the vehicle on Rs.100/- (Rs. One hundred only) stamp paper and a copy of this lease deed (Agreement) to be submitted to the BSNL

b) In case of any complain by the owner of the vehicle regarding non-compliance of terms & conditions of lease deed (Agreement), the same will be treated as violence of terms & conditions of the agreement executed between the contractor & BSNL and action as deemed fit will be taken by GMTD, Nadiad.

13. BSNL will not have obligation:- (i) No liability whatsoever for payment of wages/salaries other benefits and allowances to his

personnel that might become applicable under any Act or Order of the Government in this regard and the Service Provider shall indemnify BSNL against any/all claims which may arise under the provisions of various Acts, Government Orders etc. and any breach of such laws or regulations shall be deemed to be breach of this contract.

(ii) No direct or indirect liability arising out of such negligent, rash and impetuous driving which is an offence under section 29 of IPC and any loss caused to BSNL have to be suitably compensated by Service Provider.

(iii) Not be responsible for theft, burglary, fire or any mischievous deeds by his staff. (iv) Service Provider shall be the employer for his workers and BSNL will not be held responsible

fully or partially for any dispute that may arise between the service provider and his workers. (v) No liability whosever for payment towards claim raised by any third party before Motor Accident

claim tribunal and decree if passed against BSNL, it shall be exclusively satisfied by the service provider .

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SECTION – VII

GENERAL (COMMERCIAL) CONDITIONS OF CONTRACT

1. PERIOD OF VALIDITY OF CONTRACT:

a) The contract should be firm and valid for a period of one year with an option of extension for a further period of first three months unilaterally by BSNL at the same rates, terms & conditions.

b) The General Manager Telecom District, Nadiad reserves the right to terminate the contract at any time during its currency without assigning any reason by giving thirty days notice to the contractor at their last known place of business/residence and the contractor shall not be entitled to any compensation by reason of such termination.

2. STANDARDS:- The works to be executed under the contract shall conform to the standards prescribed in the Section – VI

3. SUBCONTRACTS:- a) The contractor shall not assign, sub contract or subject the whole or any part of the works covered by the contract,

under any circumstances. b) The successful bidder shall be solely responsible for the providing the hired vehicles as per terms & conditions of

tender and BSNL shall not be liable to interact with the partners/collaborators or sub-contractors of the contractor.

4. PRICES: a) Prices charged by the Contractor for the works performed under the Contract shall not be higher from the prices

quoted by the Contractor in his Bid. b) Prices once fixed will remain valid for the period of contract. Increase and decrease of taxes/duties will not affect

the price during this period. c) Conditional tender such as with a mention that increase in market rates or taxes or duties or other charges will be

charged extra will stand disqualified and will not be accepted.

5. PERFORMANCE SECURITY DEPOSIT:- a) The successful bidder / bidders shall be required to deposit an amount equal to 5 % of the tendered value on

conveying BSNL’s intention for accepting the bid as Performance Security. Hence the amount 2 % EMD (Bid security) of the successful bidder will be converted to part of Performance Security Deposit and remaining amount equivalent to 3 % shall be required to deposit within 15 days of conveying BSNL’s intention for accepting the bid as Performance Security.

b) Performance Security depos i t shall be submitted in the form of Bank Guarantee issued by a scheduled /Nationalized Bank and the Performa provided in Annexure-B of the bid document valid for a period of 24

(Twenty four) months. c) Forfeit of Security Deposit: i. Performance Security deposit in any form shall be liable for appropriation/adjustment against any liquidated

damages for delayed or against carry forward loss to BSNL to which the contractor does not meet otherwise. ii. If the contractor fails or neglects to perform any of his obligation under the contract, it shall be lawful for the BSNL to

forfeit either whole or any part of the Performance Security Deposit furnished by the contractor, which does not amount to imposing of penalty, after issuing “SHOW-CAUSE NOTICE” which will be dully examined for final decision by the competent authority and the decision conveyed to the contractor in writing.

iii. In the event of the contractor failing to observe or perform any of the condition of the contract as set out herein the Performance Security Deposit referred to above will be forfeited by B.S.N.L. without prejudice to any other rights.

iv. In the event of the contractor being adjudged insolvent or going voluntarily into liquidation are having receiving order or other under Insolvency Act made against or in the case of company of the passing of any resolution or making of any order, for winding up whether voluntarily or otherwise or in the event the contractor failing to comply with any of the conditions herein specified, General Manager Telecom District Nadiad shall have the power to terminate the contract without any notice with forfeiting of his Performance Security Deposit.

v. In the event of security deposit being insufficient or if the security deposit has been forfeited, the balance of the total sum recoverable (as the case may be) shall be deducted from any sum then or at any time there-after becomes due

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to the contractors under this or any other contract with Nadiad SSA should that sum also be not sufficient to cover the full amount recoverable, the contractor shall pay to Nadiad SSA on demand the remaining balance due failing which the contractor will be black listed.

d) Refund of Security Deposit: i. If the contractor duly performs and completes the contracts in all respects, the Performance Security Deposit shall

be refunded after six months on expiry of the contract period provided there are no any dues, recoveries, penalties or any quarries regarding the terms & conditions as stipulated in the bid document are pending against the contractor and after full and final settlement of the final bill for the works under the contract.

ii. No interest will be paid to the contractor on any Security Deposit e) Any unclaimed Security Deposit(s) as due for refund to contractor and remain unclaimed for three years after

its/their refund become(s) admissible (for instance after the contractor /supplier fulfills his contract) shall be dealt with the provisions contained in the rules of the B.S.N.L.

7. PAYMENT : a) Submission of bills: i. The contractor shall prepare the bills (Month wise) in triplicate and submit to concerned In-charge of vehicle. ii. Concerned In-charge of vehicle will accept only those bills which are completed in all respect iii. Penalty if any will be deducted by the concerned in-charge and the net amount may be passed for payment. iv. The bill duly certified by the concerned In-charge, make necessary entry in ERP and duly countersigned by next

higher authority and submitted to Accounts Officer (Plg.), O/O GMTD, Nadiad. v. Accounts Officer (Plg.), O/O GMTD, Nadiad will verify the bill in all respect, recorded the Km run & amount of bill

and making process for its payment. vi. The submitted bills should containing the following details

Certificate stating the performance of the contractor.

Copy of Logbook

Details of recoveries / penalties (If any) as per provisions of the contract. In case no recoveries/penalties are to be made, NIL report needs to be submitted.

Copies of authenticated documents of payments of contribution to EPF / ESI authorities. b) Payment will be process by the Account Officer (Cash) O/O GMTD, Nadiad on approval of the competent authority. c) Any tax eligible & levied by State or Central Govt. applicable to contract shall be deducted at the time of payment

from each bill.

d) For claiming GST i. Contractor has to submit GST Registration Number printed on the bill submitted for payment ii. Contractor has to submit proof of GST payment. e) In case of delay payment due to administrative reasons, GMTD, Nadiad shall not be liable for payment of any

interest on any bill outstanding for payment.

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8. PENALTY CLAUSE:- a) In case of break down, after it’s reporting for duty, the vehicles will have to be replaced by same type immediately

or not more than one hour. In case of non-availability of suitable vehicle a penalty of Rs 100/- per hour not exceeding Rs 300/- per day may be imposed in addition to deduction on pro-rata basis for that period. If the number of break down exceeds three times in a month, a penalty of Rs.200/- per break down of that month shall be imposed in addition to deduction on pro-rata basis for that period.

b) In case of non-availability of vehicles for any particular day, penalty of Rs.300/- per day shall be imposed in addition to deduction of hire charges on pro-rata basis for that day.

c) In case of non-availability of vehicles during extra hours penalty of Rs 100/- per occasion shall be imposed & for Temporary absence during duty hours without valid permission shall be Rs.50/- per hour of absence.

d) In case, contractor fails to provide the suitable vehicles within stipulated time given and as per the specification and quality laid down in the tender, the BSNL may take the service from other service provider at the current market rate and extra expenditure if any incurred will be recovered from the contractor’s pending bills, S/D or any other payments that may be due or become due in future. The balance amount if any will have to be paid by the contractor in cash. The contractor shall have no claim for compensation for any loss sustained by him due to such failure to comply with the conditions of tender.

e) Any Penalty imposed to the contractor shall be recoverable from the bills of the contractor and/or by adjustment from the security deposit or from the bills of any other contract. However, adjustment from security deposit will be made only when the contract has been terminated or at the time of final settlement of bills on completion of work.

9. Termination clause: - a) If the contractor fails to fulfill the contract or violates any of the terms and conditions of the contract, the GMTD

Nadiad reserves the right to terminate the contract after giving 30 days notice to the contractor at their last known place of business/residence and the contractor shall not be entitled to any compensation by reason of such termination. The amount of EMD/SD will be forfeited and the firm will be black listed.

b) BSNL reserves the right to blacklist a bidder for a suitable period in case he fails to honor his bid without sufficient ground.

10 FORCE MAJEURE: a) If 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, lockouts or act of God (Herein after referred to as events) provided notice of happenings, of any such eventuality is given by either party to the other within 21 days from the date of occurrence thereof, neither party shall by reason of such event be entitled to terminate this contract nor shall either party have any such claim for damages against the other in respect of such non-performance and work under the contract shall be resumed as soon as practicable after such event a may come to an end or cease to exist, and the decision of the BSNL as to whether the work have seen so resumed or not shall be final and conclusive, provided further that if the performance, in whole or part of any obligation under this contract is prevented or delayed by reason of any such event for a period exceeding 60 days either party may, at his option terminate the contract.

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

11 DISPUTE AND ARBITRATION: a) In the event of any question, dispute or difference arising under this agreement or in connection therewith except as

to matter the decision of which is specifically provided under this agreement, the same shall be referred to sole arbitration of the Chief General Manager, Gujarat Telecom Circle Ahmedabad 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

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in additional to the function of the Chief General Manager, Gujarat Telecom Circle, Ahmedabad. or by whatever designation such officers may be called (herein after referred to as the said officer) and if the Chief General Manager or the said officer is unable or unwilling to act as such the sole arbitration or some other person appointed by the Chief General Manager or the said office. The agreement to appoint an arbitrator will be in accordance with the Arbitration and conciliation Act, 1996.

b) There will be no objection to any such appointment that the arbitrator is Government Servant or that he has to deal with the matter to which the agreement relates or that in the course of his duties as Government servant he has expressed views on all or any of the matter 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 reason whatsoever such Chief General Manager or the said office 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.

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

d) Except as otherwise provided elsewhere in the contract, in the event of any disputes controversy, or differences

arising out of or relating to this agreement, or the breach, termination or invalidity thereof between the parties, such

party or parties shall make a request to the other party or parties to amicably settle such differences or disputes and

parties shall thereupon make every effort to settle the same amicably within a period of 60 (sixty) days from the

date of making of such request.

Where parties are unable to settle the disputes through conciliation, the same shall be referred to the authority in BSNL (CMD / CGM / GMTD as the case may be) for referral of such disputes to a sole arbitrator (chosen from the name (s) provided by BSNL), to be mutually decided by the parties, as per the provisions of the Arbitration and Conciliation ACT, 1996, any amendment thereof, and any notification issued or rules make thereunder from time to time.

e) The venue of the Arbitration proceeding shall be the office of the Chief General Manager, Gujarat Telecom Circle at Ahmedabad or such other places as the arbitrator may decide. All disputes involving litigation arising with regard to this agreement/contract shall be subject to jurisdiction of the competent court at NADIAD only.

f) The award of the sole Arbitrator shall be final and binding on all the parties to the dispute. g) Amendment: ltr.no.3-2/2004-CPT/Pt.1 dt.16.11.2006 (Court Jurisdiction) i. Any dispute arising out of tender/bid document/evaluation of bids/issue of APO shall be subject to the jurisdiction of

the competent court at the place from where the NIT/tender has been issued. ii. Where a contractor has not agreed to arbitration, the disputes/claims arising out of the Contract/PO entered with

him shall be subject to the jurisdiction of the competent Court at the place from where Contract/PO has been issued. Accordingly, a stipulation shall be made in the contract as under.

“This Contract/PO is subject to jurisdiction of Court at Nadiad only.” 12. SET OFF:

Any sum of money due and payable to the contractor (including security deposit refundable to him) under the contract may be appropriated by the BSNL or the govt. or any other person or persons contracting through the “Govt. of India and set off the same against any claim of the BSNL or Govt. or such other person or persons of payment of a sum of money arising out of this contract made by the Contractor with BSNL or Govt. or such other person or persons contraction through govt. of India.

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SECTION – VIII SPECIAL TERMS & CONDITIONS OF CONTRACT

1. No vehicle should be supplied having registration in the name of employee of BSNL staff or close relative and certificate to this effect be given on the body of bill while submitting claim.

2. If the vehicle provided by the Service Provider is found to be not in good condition or without proper document; the vehicle may be rejected and sent back. No payment shall be made on account of such rejection. However in case of dispute the decision of GMTD Nadiad would be final.

3. No payment will be made for vehicles supplied by the Service Provider older than three years from the date of NIT.. 4. Service Provider should not refuse to provide vehicles against BSNL’s requirement and on each refusal a penalty

as given in penalty clause will be deducted from the running bills besides any other action which may even lead to termination of contract.

5. Service Provider shall be the employer for his workers and BSNL will not be held responsible fully or partially for any dispute that may arise between the service provider and his workers. The engagement and employment of drivers and payment of wages/salaries, other benefits and allowances to them is the sole responsibility of the contractor.

6. BSNL shall have no direct or indirect liability arising out of such negligent, rash and impetuous driving which is an offence under section 29 of IPC and any loss caused to BSNL have to be suitably compensated by contractor.

7. Service Provider shall not engage any person below 18 years of age. 8. The tampering of meter reading, vehicle usage timings, overwriting of Summary / log book sheet and misbehavior

of driver while on duty shall be viewed seriously leading to even cancellation of contract. 9. Service Provider shall be the employer for his workers and BSNL will not be held responsible fully or partially for

any dispute that may arise between the service provider and his workers. 10. COMPLIANCE WITH LAWS AND REGULATION:

During the performance of the works the Service Provider shall at his own cost and initiative fully comply with all applicable Laws ,B- Laws, Rules, Regulations and Orders and any other Provisions having the force of Law made or promulgated or deemed to be made or promulgated by any Government, Governmental agency or Department, Municipal Board, other regulatory or Authorized Body of persons and shall provide all certificates of compliance there with as may be required by such applicable Law, B-Laws, Rules, Regulations, Orders and/or Provision. The contractor shall assume full responsibility for the payment of all contributions and taxes.

11. STATUTORY REQUIREMENT AND COMPLIANCE WITH LABOUR LAWS: a) It shall be the duty of the Service Provider to comply with all the mandatory provision of labour laws and Employer

Provident Scheme in respect of Labours / Employees engaged by him for performing the work under the contract.

b) The Service Provider shall comply with all the Rules/Regulations/Laws/Government instructions/status etc. that are applicable/will be made applicable, and/or are aimed to protect the interest of the works/employees engaged by him in

the past and during the course of performance of the contract with BSNL c) It is desirable to have the Registration with EPF, ESI Code, GST, labour license,etc. However, if the Service Provider

does not possess any or all the above, they should obtain the same, if required by law to execute this service

d) As per standing instructions of Ministry of Finance, Govt. of India, the firm should be registered with Central Excise Department. Therefore, the GST registration number is to be written printed on the bills/claims submitted to BSNL

Nadiad time to time. e) Payment of EPF contribution (if applicable) to concerned authority & submission of proof thereof to this office as per

existing provisions of various labour laws and regulations is the sole responsibility of the Service Provider and any breach of such laws or regulations shall be deemed to be breach of this contract.

f) Amendments: The Central Government may from time to time add to or amend the regulations and on any question as to the application / interpretation or effect of those regulations.

g) The regulations aforesaid shall be deemed to be a part of this contract and any breach thereof shall be deemed to be a breach of this contract.

h) Service Provider has to submit the undertaking at the time of signing of agreement as per the format given in appendix – I

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SECTION – IX

DECLARATION REGARDING NEAR RELATIVES

(In accordance to the Clause No 4 of Section – V)

This is to declare that I, Shri ____________________________ son of Shri _________________________ Proprietor / Partner(s) of the firm / company ______________________________________________ having residence at _____________________________________________ not having any near relatives employed in BSNL. No person related to above mentioned firm / company is employed in BSNL. In case at any stage, it is found that the information given by me is false / incorrect, BSNL shall have the absolute right to take any action as deemed fit without any prior intimation to me.

Signature of Tenderer with seal NOTE :-

1. In case of proprietorship firm, declaration will be given by the proprietor 2. In case of partnership firm, declaration will be given by all the partners 3. In case of limited company, declaration will be given by all the Directors of the company

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Section-X

Undertaking regarding Labour License

I, Shri ____________________________ son of Shri __________________________________________ Proprietor / Partner(s) of the firm / company ______________________________________________ having residence at _____________________________________________ undertake that if my/our Bid is accepted, I/We will obtain the Labour License, if required by law to execute this service and will be submitted within one month from the date of Issue of FAT.

Signature of Tenderer with seal

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SECTION – XI

CHECKLIST FOR BIDDER

Have you ensured uploading of scanned copy of following documents? Sr No PARTICULAR YES / NO

1 Have you study the complete tender document and agree with all condition of tender document?

2 Have you gone through the scope of work? (Section – VI)

3 Have you submitted a DD of Rs 500/- against the tender form fee along with the EMD?

4 Have you enclosed the E.M.D as mentioned in NIT

5 Have you filed the tender document duly signed by you or your authorized representative?

6 Have you submitted the documentary proof of vehicle’s for ownership/lease deed?

7 Have you submitted copy of registration of firm or shop act license or GST registration or copy of registration as a tourist transport operator by GOVT OF INDIA/Govt. of Gujarat (for in case of proprietorship firm)

8 Have you submitted the attested copy of the partnership deeds & No objection certificate from all other partners? (for partnership firm)

9 Have you submitted copy of registration as a tourist transport operator by Govt. of India/Govt. of Gujarat (for tourist transport operator)

10 Have you submitted bid form duly filled in as per section II

11 Have you submitted tenderer’s profile duly filled in proforma given in section III

12 Have you enclosed declaration certificate that none of your near relative not working in BSNL? (As per performa given in Section – IX)

13 Have you enclosed the copy of GST registration certificate, copy of EPF registration certificate & copy of ESI certificate?

14 Have you submitted the labour license or it’s undertaking as per Section X

15 Have you submitted copy of experience certificate (as mentioned in NIT) for satisfactory performance in similar services with central/state Government/PSU or reputed private limited companies/firms

16 Have you submitted the copy of PAN card?

17 Have you submitted the Details Regarding offered Vehicles along with vehicle’s documents viz Copy of R.C Book, copy of taxi/maxi passing permit, valid insurance policy certificate & Leased deed? (Section – XIII)

18 Have you submitted a latest & valid NSIC/MSME certificate (if applicable)

N.A. : - Not Applicable DETAILS OF EARNEST MONEY DEPOSIT

I have submitted the Bid Security (EMD) of Rs. ________________ vide DD No ___________ Dated ____________ Name of Bank ____________________________________________________________ in sealed envelop.

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SECTION – XII

E-TENDERING INSTRUCTIONS TO BIDDERS The General & Special instruction (for e-Tendering) Supplement, “Instructions to bidders” as enclosed in section – V, VI, VII & VIII of the tender document. Submission of Bids only through online process is mandatory for this Tender. E-Tendering is a new methodology for conducting Public Procurement in a transparent and secured manner. Suppliers/vendors will be the biggest beneficiaries of this new system of procurement. For conducting electronic tendering, BSNL, Gujarat has decided to use the portal Benefits to Suppliers are outlined on the Home-page of the portal. https://eprocurement.synise.com/bsnl1/gujarat 1. Tender Bidding Methodology:

Sealed Bid System - ‘Single Stage - Two Envelopes’, followed by ‘e-Reverse Auction’ if applicable after opening of Financial-part (Financial &Technical bid shall be submitted by the bidder at the same time)

2. Broad outline of activities from Bidders prospective: I. Procure a Digital Signing Certificate (DSC) II. Register on Electronic Tendering System on e-procurement portal of Gujarat Circle III. View Notice Inviting Tender (NIT) on e-procurement portal of Gujarat Circle IV. Download official copy of Tender Documents from e-procurement portal of Gujarat Circle V. Clarification to Tender Documents on e-procurement portal of Gujarat Circle

Query to BSNL (Optional) View response to queries posted by BSNL, as addenda.

VI. Bid submission of e-procurement portal of Gujarat Circle VII. Attend Public Online Tender Opening Event (TOE) on e-procurement portal of Gujarat Circle for

opening of technical part VIII. View/post TOE Clarification on e-procurement portal of Gujarat Circle (optional) respond to BSNL’s

post-TOE queries IX. Attend Public Online Tender Opening Event (TOE) on e-procurement portal of Gujarat Circle on

opening of financial-Part (Only for Technical Responsive Bidders) X. Participate in e-Reverse Auction if applicable on e-procurement portal of Gujarat Circle For participating in this tender online, the following instructions are to be read carefully. These instructions are supplemented with more detailed guidelines on the relevant screens of the e- procurement portal of Gujarat Circle. 3. Digital Certificates

For integrity of data and its authenticity/ non-repudiation of electronic records, and be compliant with IT Act 2000, it is necessary for each user to have a Digital Certificate (DC) also referred to as Digital Signature Certificate (DSC), of Class 2 or above, issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer http://www.cca.gov.in].

4. Registration To use the Electronic Tender portal https://eprocurement.synise.com/bsnl1/gujarat Vendor need to register on the portal (if not registered earlier). Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e-tendering activities. In E-procurement terminology, this person will be referred to as the Super User (SU) of that organization. For further details, please visit the website/portal https://eprocurement.synise.com/bsnl1/gujarat (on the Home Page), and follow further instructions as given on the site. Note: After successful submission of Registration details and Annual Registration Fee (as applicable). Please contact Synise Technologies Ltd. Helpdesk (as given below), to get your registration accepted/activated. Synise Technologies Ltd. Helpdesk

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Telephone Phone: +91-020-30277517 / 30277516 / 30277522

[between 10:00 hrs to 18:00 hrs on working days Monday to Saturday]

Contact Person Mr. Indrajeet, Mr. Ashok Emergency Mobile Nos. +91 7774013248 / 7774013247 E-mail ID [email protected]

BSNL Contact BSNL’s Contact Person Shri N.R Patel, AGM (CFA-PLG)

Telephone/ Mobile 0268-2559300/ 09427610100 [between 10:30 hrs to 17:00 hrs on working days] E-mail ID [email protected]

BSNL’s Contact Person Shri P.K.Thakkar, SDE (MM)

Telephone/ Mobile 0268-2557450/ 09427610009

[Between 10:30 hrs to 17:00 hrs on working days]

E-mail ID [email protected]

5. Bid related Information for this Tender (Sealed Bid) The entire bid-submission would be online on e-procurement portal of Gujarat Circle. Broad outline of submissions are as follows:

Submission of Bid Security/ Earnest Money Deposit (EMD) Submission of digitally signed copy of Tender Documents/ Addendum

Two Envelopes Technical Bid Financial BID

Each of the above electronic envelopes consists of Main bid and Electronic form (both mandatory) and bid Annexure (Optional). NOTE: - Bidder must ensure that after following above the status of bid submission must become-“Complete” 6. Offline Submissions: The bidder is requested to submit the following documents offline to AGM(CFA-Plg) O/o G.M.T.D. Nadiad, Door Sanchar Bhavan, Room No 104, Pij Road, Near Vallabh Nagar society, Nadiad -387002 on or before the date & time of submission of bids specified in NIT of this tender document, in a Sealed Envelope. The envelope shall bear (the project name), the tender number and the words ‘DO NOT OPEN BEFORE’ (due date &time). EMD-Bid Security (Original copy). DD/ Bankers cheque of Rs. 500.00 drawn in favor of AO (Cash), O/o GMTD, BSNL Nadiad, payable at

Nadiad against payment of tender fee. Power of attorney in accordance with clause 14 of Section-V along with attested copy of Board

resolution. Integrity pack (if applicable)

Note: The Bidder has to upload the Scanned copy of all above said original documents as Bid- Annexure during Online Bid-Submission also. 7. Special Note on Security of Bids

Security related functionality has been rigorously implemented in e-procurement portal of Gujarat Circle in a multidimensional manner. Starting with 'Acceptance of Registration by the Service Provider',

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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 Encrypter™ functionality, the contents of both the ‘Electronic Forms’ and the ‘Main-Bid’ are securely encrypted using a Pass-Phrase created by the Bidder himself. Unlike a ‘password’, a Pass-Phrase can be a multi-word sentence with spaces between words (eg I love this World). A Pass-Phrase is easier to remember, and more difficult to break. It is recommended that a separate Pass-Phrase be created for each Bid-Part. This method of bid- encryption does not have the security and data-integrity related vulnerabilities which are inherent in e-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid-encryption. Bid-encryption in e-procurement portal of Gujarat Circle is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE), even if there is connivance between the concerned tender-opening officers of the Buyer organization and the personnel of e-tendering service provider. Typically, ‘Pass-Phrase’ of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself, when demanded by the concerned Tender Opening Officer. There is an additional protection with SSL Encryption during transit from the client end computer of a Supplier organization to the e-tendering server/ portal.

8. Public Online Tender Opening Event (TOE) e-procurement portal of Gujarat Circle 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) duly authorized are requested to carry a Laptop and Wireless Connectivity to Internet. Every legal requirement for a transparent and secure ‘Public Online Tender Opening Event (TOE)’ has been implemented on e-procurement portal of Gujarat Circle 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 tedium 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)’. e-procurement portal of Gujarat Circle 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. A detailed Technical and/ or Financial Comparison Chart enhance Transparency. Detailed instructions are given on relevant screens. e-procurement portal of Gujarat Circle 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 e-procurement portal of Gujarat Circle. For a particular tender, the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer. NOTE: In case of internet related problem at a bidder’s end, especially during ‘critical events’ such as – a short period before bid-submission deadline, during online public tender opening event, during e- auction, it is the bidder’s responsibility to have backup internet connections. In case there is a problem at the e-procurement/ e-auction service-provider’s end (in the server, leased line, etc) due to which all the bidders face a problem during critical events, and this is brought to the notice of BSNL by the bidders in time, then BSNL will promptly re-schedule the affected event(s). 9. Other Instructions For further instructions, the vendor should visit the home-page of the portal https://eprocurement.synise.com/bsnl1/gujarat and go to the User-Guidance Center The help information provided through ‘e-procurement portal of Gujarat Circle User-Guidance Center’ is available in three categories - Users intending to Register /First-Time Users, Logged-in users of Buyer

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organizations, and Logged-in users of Supplier organizations. Various links are provided under each of the three categories. 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 the use of e- procurement portal of Gujarat Circle The following ‘FOUR KEY INSTRUCTIONS for BIDDERS’ must be assiduously adhered to: Obtain individual Digital Signing Certificate (DSC or DC) well in advance of your first tender submission

deadline on e-procurement portal of Gujarat Circle Register your organization on e-procurement portal of Gujarat Circle well in advance of your first

tender submission deadline on e-procurement portal of Gujarat Circle Get your organization’s concerned executives trained on e-procurement portal of Gujarat Circle well in

advance of your first tender submission deadline on e-procurement portal of Gujarat Circle Submit your bids well in advance of tender submission deadline on e-procurement portal of Gujarat

Circle (There could be last minute problems due to internet timeout, breakdown, et al) While the first three instructions mentioned above are especially relevant to first-time users of e- procurement portal of Gujarat Circle, the fourth instruction is relevant at all times.

10. Minimum Requirements at Bidders end Computer System with good configuration - the users have to ensure that they have Computer

System with good configuration (Min P IV, 1 GB RAM, Windows XP) / Windows Vista / Windows 7 installed in their respective PC / Laptop

Broadband connectivity. Microsoft Internet Explorer 8.0 or above Digital Certificate(s) for users Class- 2 and above

11. Information to Vendor regarding procedure to be follow for e-tendering: -

This office will provide necessary information to vendor on or before 06.01.2018 for filling e-tender, if require.

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SECTION XIII Details Regarding Vehicles Offered

TO, The GMTD,Nadiad

Ref : e-Tender No: KTD/MM/T- 07 /Hiring of Vehicle/2017-18/ Dated @ NAD the 21.12.2017.

Having examined the tender documents, terms and conditions stipulated therein, scope of work etc., we the under signed submitted the bid for providing the multi utility commercial vehicles on hiring basis with licensed drivers for transportation of man with material/store items.

I, Shri ___________________________________________ son of Shri ______________________ having residence at ____________________________________ undertake that if my bid is accepted than I will provide all the vehicles as per your requirement mentioned in the tender and undertake to provide all vehicles mentioned as under along with all relevant documents of my offered vehicles before execution of agreement with BSNL may take any action against me and will be binding to me. I will provide the vehicles at any place in Nadiad & Anand district as directed by BSNL in addition to below mentioned taluka places.

Sl. No.

Zone No..

Name of Unit / Station Type of Vehicle Required

KMs. Fixed to Runs the Vehicle In Month

Vehicle Number

Model (Month & Year)

Whether it is own Or lease

Signature of tenderer with rubber stamp

NOTE: Type of vehicles Proposed :- Group A: - Tata Indica/Maruti Wagon R/Tata Indigo/Similar type of vehicle Group B: - Maruti Eeco Group C - Maruti Van

Bidder has to submit the copy of R.C book, copy of Insurance policy certificate & copy of lease deed of their offered vehicles along with the Technical bid and its originals may be produced as and when required for verification.

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Lease-deed to be executed in juridical stamp paper amounting of Rs 100/- if the vehicles is taken on lease from other vehicle owner.

(Annexure - A)

DRAFT FOR AGREEMENT

This Agreement made on this ________ day of ____________ (month) _____________ (year) ____________________ between M/s _______________________________________herein after called ‘’The contractor’’ (Which expression shall unless excluded by or repugnant to the context include his successors, heirs, executors, administrative representatives and assignees) of the one part and Bharat Sanchar Nigam Limited here in after referred to as BSNL, of other part. Where as the contractor has offered to enter into contract with the BSNL for the contract for providing the multi utility commercial vehicles on hiring basis with licensed drivers for transportation of man with material/store items in the jurisdiction of Nadiad SSA on the terms & Conditions herein contained and the rates approved by BSNL ( Copy of Rates annexed ) have been duly accepted and where as the necessary security deposits have been furnished in accordance with the provisions of the tender document and whereas no interest will be claimed on the security deposits. Now these present witness and it is hereby agreed and declared by and between the parties to these presents as follows:

1) The contractor shall during the period of this contract as mentioned in FAT or until this contract, is determined by such notice as herein after mentioned, will provide commercial vehicles not older than three years from the date of NIT, on the rates accepted as described in Annexure to this agreement. BSNL shall reimburse that amount of GST, if any, paid by the contractor to the authorities on account of the services rendered by him to BSNL. This reimbursement shall be admissible on production of proof of deposit of the same by the contractor. It is agreed by the contractor that number of vehicles required is likely to change and may be demanded according to the exigencies of service by BSNL.

2) The NIT (notice inviting tender) Bid documents (Qualifying & financial), letter of intent, approved rates, annexed hereto and such other additional instructions, work orders as may be found requisite to be given during execution of the work shall deemed and taken to be an integral part of the contract and shall also be deemed to be included in the expression ‘’ The Agreement’’ or ‘’ The Contract’’ wherever herein used .

3) The contractor agrees with the BSNL and with each authority competent to order that every contract of hire order should be subject to the terms of this Agreement for vehicle Hire and in the event of a conflict between these terms and the terms in hire order, the terms of this Agreement for vehicle Hire shall prevail.

4) Contractor will provide vehicles to BSNL not older than three years from the date of NIT and registered for the commercial purpose only and taxes; insurance etc. due on such vehicles shall be the liability of the Service Provider.

5) The contractor should provide the particular make & model of vehicle as agreed upon in the contract. The BSNL only reserves the right to substitute it with another similar vehicle. If for any reason whatsoever the BSNL is not happy with the condition of the vehicle provided, the contractor’s nearest office will be informed immediately and they should accept any liability to replace it as per requirement. If for any reason the contractor is not in a position to provide a substitute vehicle as demanded by the BSNL then the BSNL will be free to engage a vehicle from the open market and debit the expenditure on account of it on the claims payable to the contractor

6) If the Service Provider fails to provide the vehicle to BSNL and if the service is not found satisfactory enough, the BSNL shall have the right to terminate the contract in whole or part

7) In case of any accident resulting in loss or damage to property of life, the sole responsibility for any legal or financial implication would vest with the Service Provider. BSNL shall have no liability whatsoever.

8) The Bid Document No. KTD/MM/T-07/ Hiring of Vehicle/2017-18/ dated 21.12.2017 shall form part and parcel of this Agreement and integral part of this agreement.

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9) The contractor is/ shall be liable for any legal dispute/cases/claims that have arisen or may arise during the

currency of the agreement in respect of vehicles provided by Service Provider. BSNL shall not be liable for any loss, damages, etc suffered/ to be suffered by Service Provider or third party as the case may be.

10) The contractor shall not act as a broker for other hire companies or any individual and the contract will be valid only if the company signing the contract supplies the vehicles themselves from their own fleet. The contractor will also ensure that they will not supply the vehicles to BSNL which are either owned by employees of BSNL either directly recruited or on deputation to BSNL or their near relatives as defined in tender document

11) The Transporter shall also be liable for all fines, penalties, and the like of parking, traffic and other criminal offences arising out of or concerning the use of the vehicle during the hire period and any toll Charges or entry Taxes payable locally and the Transporter accordingly indemnifies the BSNL against all such liability.

12) The Contractor shall abide by the terms & Condition, rules, Guidelines, Construction Practices, safety precautions etc. stipulated in the tender document including any correspondence between the contractor and BSNL having bearing on execution of work and payments of work to be done under the contract.

13) Notwithstanding anything contained in the Bid Document, the successful bidder shall have to furnish an unequivocal and unqualified undertaking / declaration to indemnify BSNL in the proforma as Appendix –I

14) The Service Provider is / shall be responsible for compliance of all the laws / rules/ regulations and Government instructions that are/ will be applicable to and aimed to protect the interest of the employees/ workers engaged by it and shall ensure payment of all the statutory dues/ liabilities as may have arisen during the past ‘or’ may arise during the course of performance of this contract.

15) If the contractor institutes any legal proceedings against the BSNL to enforce any of its rights under this agreement it shall be in the legal jurisdiction of BSNL where the vehicle has been hired and not the place where the contractor has his registered office.

16) As per Tender condition Section VII, Clause 1 (C), The General Manager Telecom District, Nadiad reserves the right to terminate the contract at any time during its currency without assigning any reason by giving thirty days notice to the contractor at their last known place of business/residence and the contractor shall not be entitled to any compensation by reason of such termination. In witness whereof the parties present have herein to set their respective hands and seals the day and year in _______________

Signed & sealed by contractor Signed on behalf of the

Bharat Sanchar Nigam Limited

nnexure – B

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DRAFT FOR PERFORMNCE SECURITY BOND

In consideration of Bharat Sanchar Nigam Ltd., New Delhi (here in after called the BSNL, New

Delhi) having agreed to exempt ____________________________________________ (here in after

called the said Service Provider (s) from the demand of security deposit/ earnest money of

Rs.____________________________________________ on production of Bank Guarantee for

Rs.__________. For the due fulfillment by the said service providers of the terms & conditions to be

contained in an Agreement in connection with the contract for supply of ____________________

we, (name of the blank) _________________________ (herein after referred to as “the Bank”) at the

request of ______________________________ service Provider’s do hereby undertake to pay to

the BSNL, __________________ an amount of not exceeding _________________________,

against any loss or damage caused to or suffered or would be caused to or suffered by the BSNL,

________________________ by reason of any breach by the said service provider’s of any of the

terms & conditions contained in the said agreement.

1. We (Name of the Bank) ___________________________________ do hereby undertake to pay the

amounts due and payable under this guarantee without any demur, merely on a demand from the

BSNL, General Manager Telecom District, Nadiad stating that the amount claimed is due by way of

loss or damages caused to or would be caused to or suffered by the BSNL, General Manager

Telecom District, Nadiad, reason of breach by the said service provider’s of any of the terms &

conditions contained in the said agreement or by reason of the Service Providers failure to perform

the said Agreement. Any such demand made on the bank shall be conclusive as regards the amount

due and payable by the Bank under this guarantee where the decision of the BSNL, GMTD, Nadid

in these counts shall be final and binding on the bank. However, our liability under this guarantee

shall be restricted to an amount not exceeding Rs. _____________________.

2. We undertake to pay to the BSNL, GMTD, Nadiad any money so demanded not withstanding any

disputes raised by the service provider(s) / supplier(s) in any suit or proceeding pending before any

court or tribunal relating thereto our liability under the present being absolute and equivocal. The

payment so made by us under this bond shall be valid discharge of our liability for payment there

under and the service Provider(s) / supplier(s) shall have no claim against us for making such

payment.

3. We (Name of the Bank) _______________________________________ further agree that the

guarantee herein contained shall remain in full force and effect immediately for a period of two year

from date herein and further agrees to extend the same from time to time (Two year after) so that it

shall continue to be enforceable till all the dues of the BSNL, GMTD, Nadiad, under or by virtue of

the said agreement have been fully paid and its claims satisfied or discharged or till BSNL, GMTD,

Nadiad, certifies that the terms and conditions of the said agreement have been fully and properly

carried out by the said service provider(s) and accordingly discharges this guarantee.

4. We (Name of the Bank) __________________________________ further agree with the BSNL,

GMTD, Nadiad shall have the fullest liberty without our consent and without affecting in any

manner our obligations here under to vary and of the terms and conditions of the said agreement or

to extend time of performance by the said contractor(s) from time to time or to postpone for any time

to time any of the powers exercisable by the BSNL, GMTD, Nadiad, against the said service

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32

A.G.M. (CFA-PLG) Signature of Tenderer with seal

O/o GMTD Nadiad

provider(s) and to forbear or enforce any of the terms and conditions relating to the said agreement

and we shall not be relieved from our liability by reason of any such variation or extension being

granted to the said service provider(s) or for any forbearance and or any omission on the part of the

BSNL, GMTD, Nadiad, or any indulgence by the BSNL, GMTD, Nadiad, to the said service

provider(s) or by any such matter or thing what so ever which under the law relating to sureties

would, but for this provision, have effect of so relieving us.

5. This guarantee will not be discharged due to change in the constitution of the bank or the service

provider(s)/ supplier (s).

6. This guarantee shall be irrevocable and the obligations of the bank herein shall not be conditional to

any prior notice by BSNL.

Dated : ________________

For _____________________________________

(Indicating the name of the bank)

N.B This guarantee should be issued on non – judicial stamp paper of Rs. 100/- stamped in accordance

with the stamp act.

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33

A.G.M. (CFA-PLG) Signature of Tenderer with seal

O/o GMTD Nadiad

Appendix-I

U N D E R T A K I N G

This deed of undertaking executed on this ____ day of ___ Two thousand and _____ by (Name of sole proprietor/partner/Director/authorised representative of the firm, Company, Trust,Society etc)_________________S/o _____________residing at ___________________ on behalf of the said M/s ____________________ (Name of firm, Company, Trust, Society etc) having its office at ________________ and duly authorised to sign, file and verify present undertaking by the said ______ ________________ (Name of firm, Company, Trust, Society etc) in favour of BHARAT SANCHAR NIGAM LIMITED, a Government of India Undertaking having its Registered Office at Stateman House, B-148, Barakhambha Road, New Delhi and local office at Nadiad herein after called BSNL which terms shall mean and include its successors, administrators, heirs and assigns. Whereas M/s BSNL invited bid for Hired Vehicles , I/We participated in the bidding process and emerged as successful bidder with respect to e-Tender No KTD/MM/T- 07 /Hiring of Vehicle/2017-18/ dated 21.12.2017. I/We______________________ acknowledge that I/We______________ have fully understood and are aware of the terms and conditions of the Tender/contract and do hereby unequivocally and unconditionally undertake and declare that:

(1) I/We __________ shall comply with all the Rules/Regulatations/ Laws/Government instructions/status etc. that are applicable / will be made applicable and or are aimed to protect the interest of the works/employees engaged by me/us in the past and during the course of performance of the contract with BSNL

(2) I/We shall fully protect, indemnify and hold harmless BSNL and its employees, officers, agents or representatives from and against any and all liabilities, losses, actions, judgments, damages, fines, penalties and costs (including legal costs and disbursement) arising from or relating to…

Any breach/violation of any direction, order from any government authority any provisions of the labour laws or any other laws, stature or regulation that are “or” will be aimed to protect the interest of the workers/labours engaged by the contractor in past and during the course of this contract.

OR Any other payments, claims “or” liability that may arise ensuring compliance of the provisions of any of the labour

laws or any other laws etc. OR

Any other claim made by third party in connection with any violation of any of the laws, guidelines, instructions etc. In witness whereof this undertaking has caused on the _______ Day _____ Month of _______ Year

Date : Signature of the contractor with seal

Place : Name

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A.G.M. (CFA-PLG) Signature of Tenderer with seal

O/o GMTD Nadiad

BHARAT SANCHAR NIGAM LIMITED

(A Govt. of India Enterprise)

KHEDA TELECOM DISTRICT O/o GENERAL MANAGER TELECOM DISTRICT, NADIAD

e-Tender NO: KTD/MM/T- 07 / Hiring of Vehicle/2017-18

Providing the multi utility commercial vehicles on hiring basis with licensed drivers

For Transportation of man with material / store items in the jurisdiction of Nadiad SSA

PART – B

FINANCIAL BID

a. The tenderer shall quote the rates in English or Hindi, both in figures as well as words. In case of any difference in

rates written in words and figures, the rates written in words will be taken as rate quoted. If the bidder does not accept the correction of the errors, his bid shall be rejected.

b. Rates should be inclusive of all taxes, duties & other charges except GST.

c. The GST will be paid by BSNL as per Notification- GST and guidelines issued by Government of India, Ministry of finance from time to time and contractor will have to submit certificate of registration with GST authority

& will be required to quote his GST registration number in the bills invariably. d. No eraser or overwriting is permitted. Correction if any, made encircling and scoring out old entries by single lines,

writing fresh entry and authenticating all such corrections with full signatures. Any tender bearing unattested correction is liable to be rejected.

e. Conditional tender such as with a mention that increase in market rates or taxes or labour rates or duties etc. will be charged extra will stand disqualified and will not be accepted.

f. Rates once fixed will remain valid for the period of contract and the successful tenderer will have to carry out the work at the accepted rates during the contract period. The rates cannot be changed / increased under any circumstances during the period of contract. Unexpected difficulty in execution of work is not an excuse for any increase in rate.

g. Evaluation Criteria: - The evaluation will be made Zone wise separately as per the rate quoted online by the bidder in financial bid on percentage basis, above, below or at par of SOR and L-1 shall be decided Zone wise separately who has quoted the lowest rate in particular Zone of Rate Sheet (Section-XIV)

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A.G.M. (CFA-PLG) Signature of Tenderer with seal

O/o GMTD Nadiad

SECTION - XIV

RATE SHEET

Ref : e-Tender No. KTD/MM/T-07/ Hiring of Vehicle/2017-18/ Dated @ Nadiad the 21.12.2017.

Dear Sir, Having examined the tender documents, terms and conditions stipulated therein, scope of work etc., we the under signed offer the rate for providing the multi utility commercial vehicles on hiring basis with licensed drivers for transportation of man with material/store items for the following station of Nadiad SSA. Schedule of Rates mentioned as under Schedule of Rates (SOR) :

Sl No Type of Vehicle Schedule of rates for fixed monthly 1500 Km run in Rs

Schedule of rates for fixed monthly 2000 Km run in Rs

1 Gr.-A (Tata Indica/ Wagan-R/ Similar type of vehicle)

17475.00 _______

2 Gr.-B (Maruti EECO) 17411.00 18753.00

3 Gr-C (Maruti Van) 16322.00 17472.00

4 Schedule of rates for extra Km exceeding 1500 Km/ 2000 Km

Rs. 7.65 Per Km. for all type of Vehicles

5 Schedule of rates for detention charges beyond duty hours

Rs. 47.00 Per Hour for all type of Vehicles

6 Schedule of rates for night halt charges Rs.170.52 Per night halt for all type of Vehicles

Please quote the rate for hiring of vehicles Zone Wise in below Table.

Zone No..

Name of Unit / Station Particular for Offer

Rate Quoted (Offered) in Percentage (%) With respect to SOR in Rs.

In Figure In Words

I D.G.M (CFA), Anand

(Tata Indica/ Wagon-R/ Similar type of vehicle)

Above SOR

Below SOR

At Par

II

AGM (EB), Anand D.E (R ), VV Nagar JTO (Trans) Anand

(Maruti Van)

Above SOR

Below SOR

At Par

III

SDE (CMTS - I) Anand SDE (CMTS-II) Anand

SDE (Trans) Anand (Maruti EECO)

Above SOR

Below SOR

At Par

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A.G.M. (CFA-PLG) Signature of Tenderer with seal

O/o GMTD Nadiad

Zone No..

Name of Unit / Station Particular for offer

Rate Quoted (Offered) in Percentage (%) With respect to SOR in Rs.

In Figure In Words

IV

SDOT – Sarsa SDOT-Borsad SDOT- Petlad

SDOT – Cambay (Maruti Van)

Above SOR

Below SOR

At Par

V

DGM (CM /CFA), NAD

DGM (Fin.), Nadiad (Tata Indica/ Wagon-R/ Similar type of vehicle)

Above SOR

Below SOR

At Par

VI

S.D.E. (Mktg.), NAD

SDOT-NAD

AGM (Trans) NAD (Maruti Van)

Above SOR

Below SOR

At Par

VII SDOT – Kheda

(Maruti Van)

Above SOR

Below SOR

At Par

VIII SDOT – Kapadwanj

(Maruti Ecco)

Above SOR

Below SOR

At Par

IX SDOT – Balasinor

SDOT – Dakor (Maruti Van)

Above SOR

Below SOR

At Par

X SDE (CMTS), Nadiad, SDE (Trans.), Nadiad

(Maruti EECO)

Above SOR

Below SOR

At Par

Note : 1. The above offered rate should be inclusive of all taxes, duties & other charges except GST. The GST will be

paid extra by BSNL as applicable. The GST will be paid by BSNL as per Notification- GST and guidelines issued by Government of India, Ministry of finance from time to time.

2. The above offered rate is applicable for all the items mentioned above in SOR at Sl No 01 to 06. 3. The tender will be evaluated zone wise separately. 4. The BSNL reserves the right to award the work in any area to a single contractor or split the work among two or

more contractors as per requirement of BSNL. The assessment of GMTD Nadiad in this regard shall be Final and binding.

Signature of Tenderer with Seal

Date: - Place: -