bharat sanchar nigam limited (a govt. of india enterprise...
TRANSCRIPT
1 Signature of Bidder
Bharat Sanchar Nigam Limited
(A Govt. of India Enterprise)
O/o Principal General Manager Telecom ,BSNL Bhavan, Kochi-
16
Notice inviting E- TENDER for Providing manpower services for
“Infrastructure Maintenance ”
in Ernakulam Business Area - Area B
Tender . No.R&E/project Sanchay/AreaB/2018-19 /1 Dated at EKM the 25/07/2018
TECHNICAL BID
For AREA B
Certified that the Tender Document contained 54 pages only.
2 Signature of Bidder
Index
Section Contents Page No
1 Notice Inviting EOI 3-4
2 Request for Expression of Interest 5-9
3 General Terms and Conditions 10-20
4 Annexure A (Application form to be submitted with EOI) 21
5 Letter of Authorisation for Bid opening 22
5 Annexure B (Format of the Performance Bank Guarantee) 23-24
6 Tenderer’s Profile 25
7 Annexure C (Format of certificate regarding close relative of
BSNL) 26
8 Declaration for downloaded EOI documents from the web site 27
9 Vendor Master Form
28-29
10 GST Data to be submitted by Vendor
30
11 Annexure D (Services to be provided by the Contractor)
31
12 Annexure E 1 (Details of services to be provided in Area A ) 32-33
13 Annexure E 2(Experience Certificate) 34
15 Check List 35
16 Agreement Form 36-44
17 Request for refund of EMD 45
18 E-Tendering instruction 46-51
19 Annexure F (Financial Bid) 52-54
3 Signature of Bidder
Bharat Sanchar Nigam Limited (A Govt. of India Enterprise)
Office of the Principal General Manager Telecom, BSNL, ERNAKULAM-682016
Notice inviting E-Tender for “Maintenance of BSNL Infrastructure” –Area B in
ERNAKULAM BA .
No.R&E/Project Sanchay/Area B/2018-19/1 Dated at EKM the 25/07/2018.
E- Tenders in the prescribed form are invited for and on behalf of Chairman & Managing Director, BSNL by the Principal General Manager,Telecom, Ernakulam from the eligible Contractors with EPF, ESI,
Service Tax Registration,GST Regn, Labour License and PAN for the works as detailed below.
1 Name of Work For maintenance & upkeep of parts of telecom infrastructure in
Ernakulam BA- Area B
2 Period of contract
One year from the date of execution of agreement. However, it
shall be open to BSNL to seek an extension of the period of
agreement entirely its own discretion and without any change in the
existing terms and conditions. Such extensions shall ordinarily be for a period of six months subject to a maximum period of one year
beyond the date of expiry of the initial validity period of one year.
3 Details of Area
Area B- Aluva, Angamali, Paravoor and Perumbavoor Divisions
4 Eligibility condition
The bidder should have 2 years experience of providing infrastructure maintenance/Housekeeping / Up keeping/security
Services with a minimum of 25 labourers to Corporate
Organisations / PSU / Government Body during the last five years.
Refer (4.1 & 4.2)
5 Time and last date of On
line submission of Bid Upto 11.00 Hrs on 06/09/2018
6 Time and Date of Physical Submission of Technical
Bid
Upto 14.00 hrs on 06/09/2018
7 Time and date of Online Technical Bid opening
At 14.30 hrs on 06/09/2018
8 Venue of tender opening O/o AGM(Estt), IIIrd Floor, O/o PGMT, BSNL, Ernakulam -
682016
9 Estimated cost Area B - Rs 1,38,70,038/-
10 Cost of Bid Document Area B-Rs. 2,360/- (Rs 2000 /-+ GST- 18% )
11 Bid Security (EMD)
Area B - Rs 2,77,500/-
Tender Document can be downloaded from the website https://www.tenderwizard.com/BSNL . In
this case DD of Rs.2100/-(Rupees two thousand and one hundred only) towards cost of tender document
4 Signature of Bidder
& DD for Rs.2,77,500 /-.(Rupees Two lakh seventy seven thousand and five hundred only) for Area B towards EMD drawn in favour of Accounts Officer (Cash), O/o PGMT, BSNL, Ernakulam from any
Nationalised/ Scheduled Bank payable at Ernakulam, should be uploaded along with the tender in token
of purchase of tender form and EMD respectively.
Bid can be submitted online only after uploading the mandatory scanned documents such as DD for
EMD / Cost of Bid Document. Processing fee in favour of M/s ITI Limited to be paid on line. The last
date for online submission of tender is 11.00 hrs on 06/09/2018.The tender documents shall be issued to
MSE bidders free of cost provided the tendered item is listed in the Registration Certificate of MSE.
The MSE units registered with the designated MSME bodies, like National Small Industries Corporation
(NSIC) etc shall be given exemption from payment of Bid Security deposit, provided the tendered item is
listed in the Registration Certificate of MSE. The MSE bidder has to submit the UAM number. The
bidders who fail to submit the UAM number shall not be able to avail the benefits available to MSEs as
contained in Public Procurement Policy for MSEs order 2012 issued by MSME.
a) Proof regarding current with the designated MSME bodies, like District Industries Centers or with
National Small Industries Corporation (NSIC) for the tendered items will have to be attached along with
the bid.
b) The enlistment certificate issued by bodies registered under MSME like District Industries Centers or
National Small Industries Corporation (NSIC) should be current and valid on the date of opening of bid.
The intending bidder shall get registered with M/s ITI Ltd. by making online payment of
required amount with registration particulars. For details kindly visit the website
https://www.tenderwizard.com/BSNL or contact AGM(Estt), BSNL, Ernakulam.
BSNL reserves the right to reject any or all tenders without assigning any reason what so ever.
BSNL reserves the right to award an additional requirement of 25% of total requirement mentioned in
the tender. The service charge quoted should be inclusive of any levies and taxes but exclusive of GST.
The tender, which is not accompanied by the requisite Cost of Bid document and
Bid Security, shall be summarily rejected. Tender will not be accepted / received after expiry date and
time. PGMT Ernakulam reserves the rights to reject any or all the tenders without assigning any reason
whatsoever.
For information kindly contact AGM (Estt), O/o PGMT, Ernakulam 0484 2377575
5 Signature of Bidder
Bharat Sanchar Nigam Limited
(A Govt. of India Enterprise)
Office of the Principal General Manager Telecom , BSNL
Kalathiparambil Road,Ernakulam– 682016 ** *** **
Request for Expression of Interest
1. Introduction
1.1.BHARAT SANCHAR NIGAM LIMITED (BSNL), a Public Sector Enterprise, 100% owned by
Government of India, with the dominant market share in the Wire line Telephony, Wireless Telephony, Broadband & Internet services besides other data services like MPLS- VPN, Leased circuits etc. BSNL is
the largest Internet Service Provider (ISP) of India. As a leading telecom player, BSNL controls a wide
range of telecom infrastructure such as Main Exchange Buildings, RSU Exchange Buildings,
Transmission Centre Buildings, BTS sites, billing centers, customer care centers etc. For more details about BSNL, please log on to www.bsnl.co.in.
2. Purpose of the EOI
2.1. BSNL ( from here on BSNL means PGMT Ernakulam) intends to invite E-Tender from interested
parties for supply of man power for maintenance and upkeep of parts of its telecom infrastructure. After
evaluation of EOIs, agreements will be entered with the successful party for a period of one year from the date of execution of the agreement. However, it shall be open to BSNL to seek an extension of the
period of agreement entirely its own discretion and without any change in the existing terms and
conditions. Such extensions shall ordinarily be for a period of six months subject to a maximum period
of one year beyond the date of expiry of the initial validity period of one year.
3. General requirement
3.1. BSNL intends to contract infrastructure maintenance services (Annexure D) at selected telecom sites in Ernakulam BA. These may be required for different time frames at different installations as per
requirement (Annexure E-1).
4. Eligibility Requirements
4.1. The contractor or bidder must have a turnover of not less than
AREA Required Turnover during the preceding 2
financial years
Area – B 1.40 crores
4.2. List of Documents for eligibility requirement as mentioned in Para 17 of this document.
5. Performance Bank Guarantee
6 Signature of Bidder
5.1. Performance Bank Guarantee of minimum 5% of the cost of work for contracted period of 30
months or DD in favour of Accounts Officer(cash), O/o PGMT, Ernakulam is to be furnished by
each contractor before signing of agreement.
5.2. Contractor shall submit the aforesaid Performance Bank Guarantee of the said amount or as BSNL may recommend from time to time. Without prejudice to other rights and remedies available to BSNL,
BSNL reserves the right to forfeit/adjust the said Performance Bank Guarantee in full or part or any sum
due from the contractor to BSNL at any time. Contractor shall continue to be liable for balance dues if any. BSNL reserves the right to increase the amount of Performance Bank Guarantee at any time in its
own discretion with respect to any/some/all such contractors.
6. Evaluation Criteria
6.1. BSNL will consider issue of Letter of Intent ( LoI ) to the lowest bidder amongst those who meet the
eligibility requirements as mentioned in Clause 4 and agreeable to all terms and conditions. The bidder shall within 10 days of issue of LoI or within the period of extension, if any, granted in writing by BSNL
give its acceptance and furnishes Performance Bank Guarantee as mentioned in clause 5 and sign the
contract with BSNL. The signing of contract shall constitute the award of the contract on bidder. However it shall not be binding on BSNL to award the contract to the lowest bidder and the decision of the
Principal General Manager, Ernakulam in this regard shall be final and binding on all.
6.2. The EMD furnished under this invitation of EOI will be refunded to the unsuccessful bidders.EMD
will be adjusted against the performance bank guarantee in the case of the successful bidder. The
successful bidder shall be required to furnish performance bank guarantee only for the remaining sum.
6.3. If the party to whom Letter of Intent is issued fails to furnish the performance bank guarantee or fails
in fulfilling any of the terms and conditions connected this invitation of EOI, the Earnest Money Deposit
(EMD) made by party concerned shall stand forfeited in full, in favour of BSNL.
6.4. After award of contract to the Approved bidder the officer designated by the SSA head/competent
authority shall issue the work orders for commencement of the work.
6.5. The EMD deposited shall not earn any interest.
6.6. The Bid shall remain valid for 180 days from the date of opening of Bids.
7. Agreement period
7.1. This agreement shall be valid for a period of one year from the date on which it is executed.
However, it shall be open to BSNL to seek an extension of the period of agreement entirely its own
discretion and without any change in the existing terms and conditions. Such extensions shall ordinarily
be for a period of SIX months subject to a maximum period of one year beyond the date of expiry of the initial validity period of one year.
7.2. It shall be the responsibility of the contractor to keep the performance guarantee extended as required to cover the period of such extension or extension of validity period and a minimum period of three
month beyond such period. Any failure on the part of the contractor to submit performance guarantee as
required under this clause shall be deemed a breach of agreement inviting appropriate action.
7 Signature of Bidder
7.3. The formalities required to be completed for effecting the extension of the validity period of the agreement shall be decided by mutual consent between BSNL and the contractor.
8. Right
8.1. BSNL reserves the right to reject any application/ EOI for any reason, without assigning any
reason and liability, the information provided by the contractor gathered by BSNL shall become
BSNL’s property even if application is rejected and can be used by BSNL in any manner, it deem fit.
8.2. The EOI can be modified/ withdrawn at any time without any information or notice to anyone.
8.3. The decision of BSNL will be final and binding on all the bidders.
9. Responsibilities of Contractor
9.1. The contractor shall be responsible for provision of the services as per Annexure D at the site
premises (as per annexure E-1) during the service timings specified for each site. Annexure D lays out
the services required at each type of site. At each site, the services may be required in one, two or three standard eight hour shifts. The proposed shift timings are provided in Annexure E-1. The requirement of
services will be provided by BSNL as per Annexure E-1.
9.2. This clause (clause 9.2) is applicable only for sites requiring services as specified in Items 5, or 7 as
per Annexure D. The contractor’s representatives shall be responsible for calling the concerned officer in
charge for the telecom site both at the time of the starting as well as end of duty from the site. At any
point if the contractor’s representatives fail to do so, 5% of the monthly contract amount of that site will be deducted from their payment for every instance of such negligence on their part. In addition, if during
any visit, the contractor’s representatives are not found to be present at the time of duty, 10% of the
monthly contract amount will be deducted from their payment for every instance of such negligence on the part of the contractor.
9.3. For all telecom sites for which the contract has been given to the contractor, BSNL reserves the right
to monitor the provision of services at any time through visits to the site. In case the service provided by the contractor is not found satisfactory, 10% of the monthly contract amount for that site will be deducted
from their payment for every instance of such negligence on the part of the contractor.
9.4 The contractor shall execute the work in the best and most substantial workman- like manner during
the period of contract. The contractor shall not employ on the works any unfit person or any one not
capable or not properly qualified to properly perform the work assigned to him.
9.5 The contractor shall ensure that the persons deployed for doing the work should be healthy and
also should not be more than 56 years of age.
9.6 The Contractor should strictly adhere to the statutory regulation viz., Minimum wages Act, EPF Act,
ESI Scheme, Bonus Act 1965 and any other regulations covering Labour contract in respect of Labourers
/Employees by the contractor individuals should be supplied with details of EPF / ESI payments. All
Labourers / Employees should be supplied with ESI cards to enable them to get treatment. In Nutshell all
the labourers employed should be provided with all facilities as per the provision of Contract LabourR&
A Act 1971.BSNL shall have no responsibility in this.
8 Signature of Bidder
9.7 The Contractor shall be responsible for the discipline of the persons employed by him and he
shall be responsible for the supervision of such employees and their control. If at any time, it is
found that any person engaged by the contractor is indulging in misbehavior or misconduct etc.,
the unit officer shall have the right to inform the contractor to replace him and any such demand
shall be binding on the Contractor.
9.8 The Contractor shall maintain complete personal data of persons employed by him such as,
name, fathers name, permanent address, village / Taluk / district, Police station concerned,
signature etc. and provide them to BSNL wherever asked for.
9.9 The Contractor should be responsible for the welfare of his employees as per the various
State / Central Government Acts and Regulations. BSNL will not have any responsibility in this
aspect.
9.10 No child labour will be permitted. The contractor shall be responsible for maintaining of the
following register / records required to be maintained under various labour laws.
1.Register of Attendance.
2.Register of Wages.
3.Register of Fines
4.Register of wage slips
5.Register of leave/Absentees.
9.11 The Contractor will be solely responsible for the payment of salaries, allowances and
other benefits to his employees and BSNL shall in no way responsible for the same. He should
not wait for the BSNL’s payment to pay to his staff. He should make payment on or before 7th of
the following month without fail. In case the contractor habitually delay the payment beyond 7th
of every month his contract shall become liable for termination with 30 days notice.
9.12 In case of additional requirements the Contractor should be in a position to supply them at
the approved rate without delay.
9.13 In case of any workman of the contractor suffers injury / damage or meets with an accident
during the discharge of duties, the entire cost of compensation should be borne by the tenderer
and BSNL will stand indemnified against any claim for compensation.
9.14 Cooking / halt after duty hours by the labourers of the Contractors inside the building is not
permitted.
9 Signature of Bidder
9.15. The tenderer should provide First Aid Facilities for the contract labourer.
9.16 Any communications to the last known address will be sufficient for any purpose of written
communications. Any plea of absence from Headquarters or change of address will not be
accepted to establish the non-receipt of communication on the part of the tenderer. For this
purpose it is desirable that the tenderer has a local office at Ernakulam with contact phone
numbers, which should be mentioned in the tender form.
10. DAMAGES AND LOSSES
10.1 The tenderer getting the work order will be entirely responsible for all losses and damages caused
during execution of work by his party to men, material and properties belonging to not only BSNL but
also to other departments, organizations and individuals. BSNL shall have no liability whatsoever.
10.3 Any legal or financial implications while executing the work would vest with the tenderer only.
BSNL shall have no liability whatsoever.
11. PENALTIES
Penal deductions will be made for poor services on the basis of assessment by the officers in the
office of PGMT, BSNL, Ernakulam Penal deductions will be made at the rate of 2% of the rates quoted
per occasion/instance per month. The decision of the PGMT, BSNL, Ernakulam will be final in this
regard.
12. TERMINATION
12.1 PGMT, BSNL,Ernakulam Buisness Area may without prejudice to any other remedy for breach of
contract, may terminate the contract in whole or in parts by giving 30days notice.
13. Inspection
13.1. BSNL shall have the right to cause an examination of the work and the final bills of the contractor
including all supporting vouchers, abstract etc. to be made after payment of the final bill and if as a result
of such audit and technical examination any sum is found to have been overpaid in respect of any work done by the contractor under the contract or any work claimed by him to have been done by him under the
contract and found not to have been executed, the contractor shall be liable to refund the amount of over
payment and it shall be lawful for BSNL to recover the same from him through the PBG or future bills.
14. General Terms and Conditions:
14.1. Commercial Terms & Conditions
10 Signature of Bidder
14.1.1. 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.
14.1.2. The BSNL reserves the right to black list a bidder for a suitable period in case he fails to honour
his bid without sufficient grounds.
14.1.3. The BSNL reserves the rights to counter offer price(s) against price(s) quoted by any bidder.
14.1.4. BSNL also reserves the right to award the work amongst more than one bidder.
14.1.5. 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.
14.1.6. The company reserves the right to change the terms of trade from time to time with notice period of 30 days.
14.1.7. The company reserves the right to withhold or delay the payment for the contractor in case of any pending disputes.
14.1.8. In the event of any question, dispute or difference arising under this agreement or in connection there-with (except as to the matters, the decision to which is specifically provided under this agreement),
the same shall be referred to the sole arbitrator appointed by BSNL.
14.1.9. BSNL’s decision will be final on all matters relating to the business and will be binding on the contractor.
14.1.10. It will be BSNL’s endeavour to make the payment to the contractors as per the schedule, however this may stretch beyond the scheduled time only in case of delays in getting claims from the
contractors or in case of incorrect claims or in case of delay in allotment of funds.
14.1.11. The payment to the contractors will be made through ECS/RTGS after deducting applicable taxes.
14.1.12. All contractor’s representatives will report to SSA Head/ competent Authority through the nodal officer appointed by SSA Head/Competent Authority.
14.1.13. All present, future & additional taxes /Levies/ duties etc. that may be levied by the govt. Local authorities etc. will be borne by the contractors.
14.1.14. The contractor’s representatives shall comply with all applicable laws, bye Laws, rules,
regulations, orders, directions, notifications etc of the Govt./ Court/Tribunals and shall also comply with all directions issued by BSNL and provide BSNL with all information and cooperation that BSNL may
reasonably require from time to time.
14.1.15 (a).The contractor shall be liable to replace any employee found working against the interest of
the company or found not amenable to the discipline of the company, on demand from the unit in charge
in which he is working.
11 Signature of Bidder
14.1.15 (b) The contractor’s representatives have to fully cooperate with BSNL to investigate any complaint from the public/staff.
14.1.16. The contractor shall ensure provision of necessary safety devices tools/ kits etc required for
discharge of services as mentioned in Annexure D at his own cost and shall recoup the same from time to time.
14.1.17. The contractor should issue Identity Cards to his employee as prescribed by BSNL at his/her own
cost.
14.2. LABOUR WELFARE AND FAIR WAGES:
a) Contractor shall comply with the provisions of the Wages Act 1936, Minimum wages Act 1948,
Employees liability Act 1938, Workmen’s Compensation Act 1923, Industrial Dispute Act 1947,
Maternity benefit Act 1961, Payment of Bonus Act 1965 and the Contract labour (Regulation and
Abolition) Act 1970,the employees provident Fund&Miscellaneous provisions Act 1952, Employees state insurance Act 1948 or the modifications thereof or any other laws relating
thereto and the rules made there under from time to time. The tenderer should be fully
responsible for the compliance of all the provision of applicable labour laws. The regulation aforesaid shall be a part of this contract and any breach thereof shall be deemed to be a breach of
this contract. EOIs not confirming to the above requirement are liable to be rejected.
b) The contractor has to ensure that the labourers are getting the minimum wages prescribed by
Central/ State Governments and the workmen must be allowed a day off rest in a week.
c) The contractor shall obtain a valid labour license under the contract labour (R&A) Act 1970 and
the contract labour (R&A) Central Rules 1971, before commencement of the work, and continue to have a valid license until the completion of the work. The contractor shall also abide by the
provision of the Child Labour (Prohibition and Regulation) Act 1986. Any failure to fulfill this
requirement shall attract the penal provisions of this contract arising out of the resultant non-execution of the work.
. d) FAIR WAGE CLAUSE:
The Contractor shall pay wages not less than the fair wages to the labourers engaged by him for
the work as per minimum wages labour act.
Explanation:
‘Fair Wage’ means wage whether for time or place of work fixed by Law or otherwise notified at the time
of inviting tenders for the work and with such wages prescribed by the State or Central Labour
Commissioner whichever is higher for the District in which the work is done. The basic wages can also
change during the period of contract subject to the direction from CGMT TVM. The extra liability due to
increase/ changes in the basic wages/ minimum wages/ VDA will be borne by BSNL.
14.2.1. The Contractor shall be liable for any theft, sabotage etc. of BSNL property and the
damages/losses if any will be recovered from the contractor. The contractor shall report any such incident
to the site in charge immediately.
14.2.2. The Contractor agrees to protect, defend, indemnify and hold harmless BSNL and its employees,
officers, directors, agents or representatives from and against any and all liabilities, damages, fines,
penalties and costs (including legal costs and disbursements) arising from or relating to:
12 Signature of Bidder
a. Any breach of any statute, regulation, direction, orders or standards from any governmental body, agency, telecommunications operator or regulator applicable to such party; or
b .Any breach of the terms and conditions in this agreement by Contractor.
This clause shall survive even on the termination or expiry of this agreement.
14.2.3. BSNL Shall not be liable for any act of commission or omission of any third party.
14.2.4. The Contractor’s representatives will have to abide by the policy rules, regulations & instructions of BSNL as revised/modified from time to time, without any prior notice to the Contractor in respect of
all matters including security deposit / PBG, payment to the contractor etc.
14.2.5. The Contractor will be bound by all the aspects and legal issues relating to the labour laws.
14.3. TAXES AND DUTIES:
14.3.1 GST CLAUSES
Revised Clauses of services from GST perspective
Section/Clause
Modified Clause as per GST
Tender Fee
The bidders downloading the tender document are required to submit the
tender fee ( along with applicable GST) amount through DD/ Banker’s cheque
along with their tender bid failing which the tender bid shall be left archived
unopened/ rejected.
Eligibility Criteria
Eligibility Criteria: - The bidder should have
a) Tender No. R&E/Project Sanchay /Area B/2018-19/1 dated 25.07.2018
refer clause 4.1 & 4.2
b) Valid PAN No.
c) Valid Goods and Services Tax Registration Certificate No(s). or mention as
unregistered dealer.
d) A self-declaration along with the evidence that the bidder is not black listed
by GST authorities.
e) In case the supplier gets black-listed during the tenure of BSNL contract,
the contractor/supplier is liable to indemnity any loss of Input Tax credit to
BSNL due to a default of supplier.
f) In case of multiple GST numbers, all the numbers can be provided as
Annexure
(ii) GSTIN registration number(s), which need to be quoted mandatorily.
13 Signature of Bidder
Rate quoted
The bidder shall give the rate inclusive of all Levies & Taxes like Goods &
Services Tax. The basic rate and all other components of the rate need to be
individually indicated up to two decimal points. Rates of incidental services
should also be quoted. The offer shall be firm in Indian Rupees.
Proof of GST reg.
Documentary proof of GST registration to be provided.
Evaluation and comparison
The evaluation and comparison of responsive bids shall be done on the basis of Net cost to BSNL on the basic rate offered along with all applicable Taxes,
but excluding taxes which are creditable to BSNL.
b) Suppliers should furnish the correct HSN / SAC classification. If the credit
for the Duties ,Taxes and Cesses under provision/ rules under GST law is
found to be not admissible at any stage subsequently owing to wrong
furnishing of HSN /SAC, then the suppliers will be liable to refund such non-
admissible amount, if already paid, along with penalty and interest if charged
by the concerned authority.
(c) In case the Taxes and Cesses which are not eligible for input tax credit as
per the rate quotes by the suppliers and subsequently at any stage it is found
that Credit for such Taxes and Cesses is admissible as per provision of GST
law, then the suppliers will be liable to refund the amount equivalent of such
Taxes and Cesses if already paid to them provided the credit can be claimed
within the time prescribed under the applicable legislation and BSNL has all
documents to claim such credit. The refund is also subject to the bidder
performing necessary act for enabling BSNL to claim the credit viz. upload
the information on GSTN. However, the service receipient may allow the
supplier to submit necessary documents in this regard which may enable the
service receipient to avail the input tax credit provided such credit is still
available for the amount so paid as per provision of GST law.
(d) The BSNL reserves the right to ask the bidders to submit documentary
proof confirming the correct HSN or SAC classification from the
CGST/SGST/IGST officer where the HSN or SAC classification furnished
against the particular tendered item by different bidders, differs from each
other or the same is found apparently not furnished in accordance with GST
Act.
14 Signature of Bidder
e) If the supplier fails to furnish necessary supporting documents i.e. Tax
invoices in respect of the Taxes and Cesses which are eligible for input tax
credit, the amount pertaining to such Taxes and Cesses will be deducted from
the payment due to the firm
(f) If the supplier fails to perform necessary compliances which would any
manner restrict BSNL to claim input tax credit, then the amount pertaining to
such Taxes and Cesses will be deducted from the payment due to the supplier.
(g) If the supplier does not disclose the correct details on the invoice or on the
GSTN viz. GSTIN, Place of Supply, etc. which restricts BSNL to claim input
tax credit, then the amount pertaining to such Taxes and Cesses will be
deducted from the payment due to the supplier.
Payment Terms
Payment Terms: For claiming this payment the following documents are to
be submitted to the paying authority.
(a) Invoice clearly indicating break up details of rate i.e. Basic, Goods and
Services Tax (GST), any other Taxes etc.
(b) Timely uploading of correct and necessary information on GSTN portal ie.
GSTR1 is mandatory as prescribed in GST compliances.
Note :- 1) If the supplier fails to furnish necessary supporting documents i.e.
GST invoice, debit note etc and also fails to upload the information on GSTN
in respect of the taxes for which input tax credit is available, the amount
pertaining to such Taxes will be deducted from the payment due to the
supplier.
2) Tax amount will be paid to the supplier only after supplier declares the
details of the invoices in its return in GSTR 1 uploaded by the supplier and
the same is reflected in GSTR-2A of BSNL on GSTN portal .
3) TDS/ TCS shall be deducted at the prescribed rate, if any (as the case may
be).
4) BSNL can adjust/ forfeit Bank Guarantee obtained from the supplier against
any loss of input tax credit to BSNL on account of supplier's default.
5) In case BSNL has to pay GST on reverse charge bais, the supplier would
not charge GST on its invoices. Further, the supplier undertakes to comply
with the provisions of GST law as may be applicable.
15 Signature of Bidder
The balance payment shall be made within a period of 6 months from invoice
date to ensure availability of input tax credit (ITC) & subject to condition that
there are no damage/shortages. In those cases where such shortages/damages
are intimated to the supplier in writing, the balance payment shall be released
only after the cases are settled in accordance with the provision of the contract.
Further, in case of any dispute on the payment to be made to the supplier, the
same shall be settled on or before the month of September following the end
of financial year to which the invoice pertains.
Additionally, in case the dispute is not settled due to any act of the supplier
and input credit on the said invoice is lost by BSNL, the same shall be
recovered from the supplier.
Necessary declaration, statutory forms (if any) shall be provided by BSNL to
avail concessional rate of tax wherever applicable on the request of the bidder
as and when asked for.
Tax Indemnity clause
Tax Indemnity clause :
BSNL has the right to recover Input Tax Credit loss suffered by it due to any
mis-declaration on invoice by the supplier
Any sum of money due and payable to the supplier (including security deposit
refundable to him) under this contract may be appropriated by the BSNL and
set off the same against any claim of the BSNL or such other person or
person(s) for payment of a sum of money arising out of this contract or under
any other contract made by the supplier with the BSNL or such other
person(s) contracting through the BSNL.
In case of set off of the security deposit against any claim of the BSNL or such
other person or person(s) for payment of a sum of money arising out of this
contract or under any other contract made by the supplier with the BSNL or
such other person(s) contracting through the BSNL, the GST on such set off
will be borne by the supplier.
GST would not be liable on security deposit. But if supplier set off the security
deposit against any claim of the BSNL or such other person or person(s) for
payment of a sum of money arising out of this contract or under any other
contract made by the supplier with the BSNL or such other person(s)
contracting through the BSNL, then GST would be levied.
16 Signature of Bidder
.
GST Invoice
27.1 All the details of supplier (name, address,
GSTIN/ unregistered supplier, place of supply, SAC/
HSN code etc.) and other mandatory details shall be
mentioned on the invoice.
27.2 Invoice/Supplementary invoice/Debit
Note/Credit Note/Receipt Voucher
need to be issued in compliant format and timely
within the time prescribed under GST law.
27.3 In case of any deficient/incomplete/rejected
supply, BSNL shall convey the same in a reasonable
time to enable the supplier to issue credit note and take
tax adjustment.
27.4 It would be the responsibility of the supplier to
declare correct information on invoice and GSTN viz.
the amount, the place of supply, rate of tax etc. In case,
the eligibility of input tax credit is questioned or
denied to BSNL on account of default by the supplier,
the same would be recovered by BSNL from the
supplier.
27.5. Registered location of the both the parties i.e.
BSNL and supplier should be mentioned in the
agreement with GSTIN No. Further, supplier should
raise invoices at the registered premise of BSNL for
availing of credit and ensure that the place of supply as
per GST law is same as registered premise
27.6. BSNL could at any time instruct the supplier to
raise its invoices at a particular location of BSNL
27.7. It is the responsibility of the supplier to ensure
that place of supply and the GSTN of BSNL are in the
same state. If for any reason they are not in the same
state, the supplier shall intimate to BSNL and give
adequate time before raising of the invoice.
27.8. E-waybill number should be mentioned on the
invoices.
Supplier shall be responsible for timely issuance
and delivery of invoice/ DN/ CN to enable
BSNL to claim tax benefit on or before the
stipulated time period provided by the GST law.
(a) It is the responsibility of the supplier to
ensure that outward supply return (GSTR-1)
would be filed correctly. If not, then cost would
be borne by supplier.
(b) Reporting of correct outward supply by
supplier in the outward return (GSTR-1) is the
responsibility of the supplier. In case of
mismatch because of supplier’s fault, prompt
amendments must be made by the supplier else
supplier would be required to indemnify BSNL
of the loss of credit due to mis-match. The
compliances to be adhered by supplier includes
(but is not limited to) the following:
(i) Uploading appropriate invoice details on the
GSTN within the stipulated time;
(ii) Issuing GST compliant invoice / CN/ DN.
Work Order issued by BSNL should be referred
by supplier for capturing information on the
invoice.
17 Signature of Bidder
(i) Supplier needs to pay the entire self-assessed tax on timely basis.
(ii) Where invoice is not uploaded or incorrect upload of invoice detail of
GSTN by supplier then credit on such invoice will be given provisionally
subject to matching. So, acceptance of changes made by BSNL on GSTN on
account of non-upload or incorrect upload of invoice details on GSTN is to be
submitted by supplier. Such changes w.r.t. the mismatch are required to be
accepted by supplier within the time limit prescribed under the GST law. It
should be noted that in case supplier does not accept such changes within the
time limit prescribed under GST law, the loss of input tax credit (if any) would
be recovered from the supplier. In case of mismatch because of Supplier's
fault, prompt amendments must be made by the supplier else supplier would
be required to indemnify BSNL for the losses of credit and interest paid due to
mismatch.
(iii) Supplier to issue all necessary documentation and perform all necessary
compliances for BSNL to be eligible to claim the input tax credit of GST tax
to them. In case BSNL is unable to claim the input tax credit, the amount
w.r.t. GST charged by the supplier would be recovered from the supplier
(vi) A self-declaration that the bidder is not black listed by GST authorities.In
case supplier gets black listed during the tenure of BSNL contract, then
supplier must indemnify BSNL to ensure that no loss of input tax credit is
borne by BSNL due to default of supplier.
(v) It shall be the responsibility of the supplier to mention State of place of
supply of goods/services in the invoice issued to BSNL.
(vii) GST (if applicable) on account of liquidated damages due to delay in
supply of goods would be borne by supplier.
GSTIN
GSTN Registration Number(s) of all units/business places of the bidder vide
which he intends to execute the contract, if awarded, may provided.
GSTN 1…………………….
GSTN 2…………………… and so on
14.3.2 All invoices must be GST compliant and should indicate separately the CGST and
SGST component for availing of ITC by BSNL. No bill will be entertained without GST
details.
14.3.3 The agency has obligation to file GSTR-1 on a monthly/quarterly basis as the case
may be and shall include all the invoices raised to BSNL.
18 Signature of Bidder
14.3.4 The Successful contractor should arrange to pay the GST received from BSNL into
the appropriate Accounts of the Government and enclose proof of such payment alongwith
the Bill for the next month for scrutiny and acceptance. Failure to enclose the proof for
payment will render the successful tenderer for such action as deemed fit in consultation with
GST Authorities. The payment of bills will be withheld till such time proof of payment of
GST is produced. 15. Bid Document
Tender document can be obtained by downloading it from the E-Tender link of website
www.kerala.bsnl.co.in or from www/tenderwizard.com/BSNL
The bidders downloading the tender document are required to submit the tender fee amount through DD /
Banker’s cheque along with their tender bid failing which the tender bid shall be left archived unopened/
rejected. The DD/ banker’s cheque shall be drawn from any Nationalized/ Scheduled Bank in favour of
“AO(Cash), O/o PGMT, BSNL, Ernakulam and payable at “Ernakulam”. Fees for tender documents is
neither transferable nor refundable.
The tender document shall be available for downloading from 13/08/2018 from 16.00 Hrs onwards up
to 06/09/2018 up to 11-00 Hrs. In case of tenders invited through e-tendering process, physical copy of
the tender document would not be available for sale.
Any further details can be had from AGM (Estt), O/o PGMT, BSNL, Ernakulam on all working days.
(phone no: 0484 2377575).
16. PROCEDURE FOR SUBMISSION OF EOI
The tender document(duly attested by the bidder/authorized signatory) must be submitted in a
sealed envelope super scribing the envelope as “Technical Bid for EOI for Infrastructure Maintenance-
Area B” and it should be addressed to AGM(Estt), O/o PGMT,BSNL, Kalathiparambil Road,Ernakulam,
Pin 682016. Envelope containing Technical Bid must have the documents listed in Clause 17. Financial
bid need not be submitted in hard copy.
The documents listed in Clause 17 should be
1. Uploaded on tender wizard portal and 2. Hard copies of the same may be submitted before locking time.
All the above documents are required to be submitted offline to AGM (Estt), O/o PGMT, BSNL,Ernakulam on or before the date & time of submission of bids in sealed envelopes.
The tenders will be opened at 14.30 hours on 06/09/2018 by the undersigned or any other person as
may be authorized by the PGMT, Ernakulam on his behalf, in the presence of the tenderers or their
authorized representatives as may be present on the occasion.
17. List of documents to be submitted along with EOI
17.1. Application form (Annexure-A)
19 Signature of Bidder
17.2. Declaration regarding no close relative working in BSNL (Annexure-C)
17.4 Attested copy of GST Registration.
17.5. Copy of PAN certificate duly attested by a gazetted officer
17.6. Copy of EPF and ESI Registration certificate. duly attested by a gazetted officer
17.7 Attested copy of the licence issued by the licensing officer under the Contract Labour (R&A) Act 1970. 17.8. Experience certificate as required in eligibility criteria, issued by the competent authority, duly
attested by a gazetted officer. In respect of experience certificate of telecom service providers it must be
issued by the operation heads of telecom circle/license area.(Annexure E-2)
17.9. DD for EMD from a Nationalised / Sheduled Bank
17.10. Attested copy of regn of the firm and authenticated copy of partnershipdeed in case of partenership
firm.
17.11. Attested copy of memorandum& article of association and certificate of incorporation in case of
company.
17.12. The authorization of the competent authority for signing the EOI document, bid, agreement etc.
17.13 Bid Cost in the form of DD from a Nationalized / Scheduled Bank. In favour of Accounts officer
(cash),O/o PGMT, Ernakulam
17.14. The turn over of the company / contractor as required in eligibility criteria to be issued /certified
by a Chartered Accountant / Auditor as per clause 4.1.
17.15 In case of MSE bidders, Valid certification from MSME (valid on the date of opening tender).
17.16 Tenderer’s Profile
17.17 VENDOR MASTER FORM
17.18 GST DATA DETAILS
18. Evaluation :
18.1Technical Evaluation: The bidder has to sign on all pages of EOI documents as token of having read, understood and accepted all the terms and conditions of the Contract/ EOI. He has to submit the entire bid document while bidding, along with all documents as per para 17.
18.2 Financial bids of those bidders which do comply technical and eligibility requirement will only be considered
18.3. Financial Bid Evaluation: The contractor has to quote rates for service charges for services provided
per shift per day per person . Evaluation will be based on this rate quoted.
20 Signature of Bidder
18.4. The successful tenderer shall be intimated after evaluation of the bid. 18.5. After awarding of the contract, BSNL reserves the right to add/delete sites where the services are required.
It also reserves the right to increase/decrease the number of shifts where the services are required.
19.. WORKMEN’S COMPENSATION:
In every case in which by virtue of the provisions of the Workmen’s Compensation Act 1923,
BSNL is obliged to pay compensation to a workman, employed directly or indirectly by the contractor for
executing the work. BSNL will recover the amount of the compensation so paid from the contractor, and without prejudice to the rights of the BSNL under the said Act. BSNL shall be at liberty to recover such
amount or any part thereof by deducting it from the Security deposit or from any sum due by BSNL to the
contractor whether under this contract or otherwise. BSNL shall not, normally, implicate itself in such cases, made against it under the said Act. However, to up-hold the interest of BSNL, if it is required to do
so, the contractor shall provide to BSNL full security for all costs for which BSNL might become liable in
consequence of contesting such claim.
20. PAYMENT OF BILLS:
20.1 . The contractor shall submit Bills to the AGM(Estt) O/o PGMT, BSNL, Ernakulam on or before 8th
of every month. The bill may be submitted on monthly basis after collecting attendance details from
concerned Officer in Charge The Central Settlement Cell, Trivandrum will make the payments to the
Contractor against the bills after verification. But the contractor may ensure timely payment of wages to
the labours by 7th of every month without waiting for settlement of bills submitted to BSNL.
20.2. Each claim bill of the contractors must accompany the (i) list showing the details of labourers/
employees engaged, (ii) duration of their engagement, (iii) the amount of wages paid to such labourers/employees for the duration in question,(iv) amount of EPF contributions (Both employer’s &
Employees’ contribution) for the duration of engagement in question , paid to the EPF Authorities, (v)
copies of authenticated documents of payments of such contribution to EPF/ESI Authorities (vi) a
declaration from the contractors regarding compliance of the conditions of EPF Act, 1952 and (vii) copies
of authenticated documents of payment of Service Tax to the concerned Authorities.
20.3. The monthly wage sheet of the contractor consisting of the following columns shall be presented
while making payment to the labourers:
Name of labourer/ Wages per day/ No of days on duty/No. of Weekly off days/ Total days paid/Total
amount paid/Payment of EPF/ESI (Both Employers and Employees contribution)
20.4 . Income Tax at the rate as applicable from time to time and surcharge thereto as applicable, will be deducted as tax source from the amount for which the bill has been passed, under relevant Income Tax
Rules. The Accounts Officer will issue necessary Income Tax deduction certificate, detailing the amount
so deducted as tax at source at the end of every financial year. In the absence of PAN under IT Act, tax
will be deducted @ 20%.
20.5 The pre-receipted bills are to be submitted in TRIPICATE. The Accounts Officer, who at any
period of time may be authorized by the ‘BSNL’, will make the payments through RTGS or NEFT as the
case may be, for which the required details are to be furnished by the contractor.
Asst. General Manager (Estt.)
O/o the Principal General Manager Telecom
BSNL,Ernakulam,Ph 0484 2377575
21 Signature of Bidder
Annexure – A
Application Form to be submitted with EOI
Name of the Contactor :
Address for correspondence :
I,……………..., authorized signatory of the contractor M/S……………...., certify that I fully
agree and comply with all the clauses and sub-clauses of the EOI and annexure A to annexure F
available with EOI.
(Signature of the authorized signatory)
(With seal and contact numbers)
Dated…………….. at …………………
Note: The bidder while submitting the bid should sign all the pages of the EOI document
consisting of terms and conditions and draft of agreement and enclose the same with this Annexure.
22 Signature of Bidder
LETTER OF AUTHORISATION FOR ATTENDING BID OPENING
Tender Number: ………………………….
Subject: Authorisation for attending bid opening on ………………. … in the tender of
………………………………………………………….
Following persons are hereby authorised to attend the bid opening for the tender mentioned
above on behalf of …..…………………………………………………………………. (Bidder)
in order of preference given below:
Order of Preference Name Specimen Signature
I ……………………………………………………….. ……………………….
II ……………………………………………………….. …………………………….
___________________________________________
(Signature of bidder or Officer authorised to
sign the bid documents on behalf of the bidder).
Note: 1. Maximum of two representatives will be permitted to attend bid opening. In cases where it is
restricted to one, first preference will be allowed.
2. Alternate representative will be permitted when regular representatives are not able to attend.
3. Permission for entry to the hall where bids are opened may be refused in case authorisation as prescribed
above is not recovered.
23 Signature of Bidder
Annexure – B
FORMAT OF THE PERFORMANCE BANK GUARANTEE
(To be typed on Rs.200/- non-judicial stamp paper)
Bank Guarantee in respect of LoI dated ____________ between Bharat Sanchar Nigam Limited and M/s______________ ______________ ______________ ______ _____ ____ ___ ____, having its
Registered Office at____________________________________ (hereinafter called CONTRACTOR )
has entered into an agreement dated _______________ (hereinafter referred to as “the said agreement”) with M/s Bharat Sanchar Nigam Limited (BSNL in short) (A Government of India Enterprise) with
Corporate office at Harish Chandra Mathur Lane, Janpath, New Delhi - 110 001 and having Business
Area office at ERNAKULAM through PGMT Ernakulam whereby BSNL has agreed to appoint
CONTRACTORs for providing BSNL services on the terms and conditions exclusively mentioned therein for the Business Area Ernakulam..
It has been agreed between the parties that a Bank Guarantee for Rs. _____________ (Rupees ________thousand only) shall be given by the CONTRACTOR in favour of the BSNL for due and
faithful performance of the terms and conditions of the said agreement.
__________________________________________________________Bank having its office at _________________________________________________ has at the request of the CONTRACTOR
(M/s ), agreed to give the guarantee as hereinafter contained:
1. We, _____________________________ (hereinafter called ‘the Bank”) do hereby undertake and assure to the BSNL that if in the opinion of the BSNL, the CONTRACTOR has in any way failed to
observe or perform the terms and conditions of the said agreement or has committed any breach of its
obligations there-under, the Bank shall on demand and without any objection or demur pay to the BSNL the said sum of Rs…………/- (Rupees………………………………
lakh only) or such lesser amount as BSNL may demand without requiring BSNL to have recourse to any
legal remedy that may be available to it, compel the Bank to pay the same.
2. Any such demand from the BSNL shall be conclusive as regards the liability of CONTRACTOR to pay
to BSNL or as regards the amount payable by the Bank under this guarantee. The Bank shall not be
entitled to withhold payment on the ground that the CONTRACTOR had disputed its liability to pay or has disputed the quantum of the amount or that any arbitration proceeding or legal proceeding is pending
between CONTRACTOR and BSNL regarding the claim.
3. We, the Bank further agree that the guarantee shall come into force from the date hereof and shall
remain in full force and effect for the period of thirty months from the date of commencement of the
agreement or the term of this guarantee whichever is later. But if the period of the said agreement is
extended either pursuant to the provisions in the said Agreement or by mutual agreement between the CONTRACTOR and the BSNL, the Bank shall automatically renew the period of the Guarantee for such
period which expires 6 (six) months after the renewed period of the said agreement failing which it shall
pay to the BSNL the said sum of Rs. /- (Rupees ……………..thousand only) without BSNL demanding the payment of the above sum.
4. The Bank further agrees that the BSNL shall have the fullest liberty without the consent of the Bank and without affecting in any way the obligations hereunder to vary any of the terms and conditions of the
said agreement or to extend the time for performance of the said agreement from any of the powers
24 Signature of Bidder
exercisable by BSNL against the CONTRACTOR and to forebear to enforce any of the terms and conditions relating to the said agreement and the Bank shall not be relieved from its liability by reason of
such failure or extension being granted to CONTRACTOR or through any forbearance, act or omission
on the part of BSNL or any indulgence by BSNL to CONTRACTOR or any other matter or thing
whatsoever which under the law relating to sureties would but for this provision have the effect of relieving or discharging the guarantor.
5. The Bank further agrees that in case this Guarantee is required for a larger period and it is not extended by the Bank beyond the period specified above in Clause 3, the Bank shall pay to BSNL without BSNL
having to demand the payment of the said sum of Rs…………/- (Rs. ………… ………………… only)
on the last day on which the Bank Guarantee is due to expire.
6. Notwithstanding anything herein contained;
The liability of the Bank under this guarantee is restricted to Rs…………/- (Rs. …………… only) and it will remain in force for a period of 3 years, i.e. up to _________.
(b) The guarantee shall stand completely discharged and all rights of the BSNL under this Guarantee shall be extinguished if no claim or demand is made on us in writing on or before _______________.
7. The Bank guarantees under its constitutional power to give this guarantee and__________________ __________________________________and ___________________ who have signed it on behalf of the
Bank have authority to do so.
(Authorized Signature of the Bank Official)
Power of Attorney General:
Dated: at
25 Signature of Bidder
Tenderer’s Profile
1. Name of the Tenderer :
2. Name of the person signing the tender whose photograph is affixed:
Sri/Smt…………………………………………………………………
(In case of Proprietary/Partnership firms,the tender has to be signed by Proprietor/Partner only as the case may be)
3. Status of bidder:Proprietor/Partnership/Company …………………………………………………….
4. Address for correspondence………………………………………………………… ………..
………………………………………………………………………………………………………………Telephone No(with STD Code)…………………………………..Fax……………………….
Mob No………………………………Email ID…………………………………………………………
6. Registration & incorporation particulars of the firm:
(Please attach attested copies of documents of registration/incorporation of your firm with the competent authority as required by business law)
7.Name of the Proprietor/Partners/Directors………………………………………………………
………………………………………………………………………………………………………………88.Tenderer’s bank, its address and his Current Account Number…………………………………
……………………………………………………………………………………………………………… 9 (Pl attach photocopy of blank cheque leaf) )……
10. GSTN REGN
NO………………………………………………….
11. EPF registration No……………………………………………………………………………………………
12. ESIC Registration No……………………………………………………………………………………………
13. Permananent Income Tax Number, Income Tax Circle………………………………………….
I/ We hereby declare that the information furnished above is true and correct
Signature
Passport size
photogragh of
the Tenderer /
Authorised
signatory
26 Signature of Bidder
Annexure C
Format of Certificate regarding close relatives working in BSNL
(To be submitted by all the Directors of the Company)
I ______________ s/o _________________ r/o ____________________ here by certify that
none of my relative(s) as defined under is/are employed in BSNL unit for which I am bidding. In case at any stage, it 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.
The near relatives for this purpose are defined as:-
a) Members of a Hindu undivided family.
b) They are husband and wife.
c) The one is related to the other in the manner as father, mother, son(s) & son’s wife (daughter in law), Daughter(s) and daughter’s husband (son in law), brother(s) and brother’s wife, sister(s)and sister’s
husband (brother in law).
Dated this __________ Day of __________ 2018
Signature: ___________________
27 Signature of Bidder
Certificates
(FOR TENDER DOCUMENT DOWN LOADED FROM WEBSITE)
I ................................................................. …................ (authorised signatory ) hereby declare that the tender
document submitted has been down loaded from website https://www.tenderwizard.com/BSNL and no
addition deletion / correction has been made in the down loaded tender document. I also declare that I have enclose
a DD for
Rs ….................. . towards the cost of bid document along with the tender.
signature of tenderer /
authorised signatory
Place.................................................
Date ….............................................
Name of the tenderer........................................................
Seal of the tenderer
Signature of Bidder
28 Signature of Bidder
29 Signature of Bidder
30 Signature of Bidder
GST DATA TO BE SUBMITTED BY VENDOR
Sl No Particulars
1 Vendor Account No ( To be filled by BSNL Office)
2 Vendor Name
3 Permanent Account Number
4 Type of Vendor ( GST Registered/ Unregistered)
5 GSTIN or GST Provisional ID. of Registered Vendor
6 Whether Compounding scheme applicable (Yes or No)
7 Email address of Vendor
8 Mobile number of Vendor
9 Phone number of Vendor
10 Registered Addresses under GST
House Name/No.
Street
Street1
Street2
City
PIN CODE
11 State/Union Territory of GST registration
12 Status of Vendor (SEZ, EOU, DTA, government, local authority)
13 Provision of goods/ services (Separate line item for each good/ service)
14 HSN/SAC code (Separate line item for each good/ service)
15 Whether supply is exempt/ non taxable
Place Signature
Date Name
31 Signature of Bidder
Annexure D
Service to be provided by the contractor
1. Refueling of diesel in DG sets and maintaining log book of diesel refueling. (The contract for supply of
diesel on site shall be separate and is not part of this contract)
2. Starting/ stopping of the DG set in case of power failure and auto start up failure and making entries in
the log book.
3. Switching on and switching off of ACs.
4. Cleaning of power plant, DG battery, fire fighting equipment, other equipment at site.
5. Answering of telephone, noting of complaints and passing information immediately to specified
competent authority.
6. Ensuring that the property of BSNL is not tampered with; Custodianship of site with control of Keys
which will be provided to the contractor during the time of infrastructure maintenance. Movement of any
material from the site is to be allowed only with a written permission of site in charge.
7. Restricting access to the site for un-authorized persons and opening & closing of gate as and when
required.
8. Keeping exchange / office premises in hygienic conditions.
9. Informing BSNL officer in charge Exchange/ BTS about any alarm/ fault message immediately.
10. Help in testing of fire alarm, fire fighting equipment etc when desired by officer in charge.
11. Running water pump (if any) as and when required.
12. Watering the plants ( if any ) as and when required.
13. Any other works that may be incidental and related to proper up keep of the telecom site.
32 Signature of Bidder
ANNEXURE – E-1 AREA B
Details of services to be provided for ALUVA ,ANGAMALI,PARAVOOR & PERUMBAVOOR DIVISIONS
Sl.No. Name of Site Complete Address
Shifts in which
services are
required
1 ALANGAD TE II,III
2 ALUVA TE II,III
3 ANAPPARA TE
II
4 ANGAMALY TE II,III
5 AYYAMPUZHA TE II
6 CHENDAMANGALAM TE II,III
7 CHENGAMANAD TE II,III
8 CHERAI TE II, III
9 CHOONDAKUZHI TE II
10 CHOONDY TE II,III
11 EDVANAKKAD TE II, III
12 EZHIKKARA TE II
13 KALADY TE II,III
14 KARUKUTTY TE II
15 KEEZHILLAM TE II,III
16 KIZHAKKAMBALAM TE II, III
17 KOMBANAD TE II
18 KOOVAPPADI TE II,III
19 KUNNUKARA TE II,III
33 Signature of Bidder
20 MALAYATTOOR TE II
21 MANJAPRA TE II,III
22 MARAMPALLY TE II
23 MOOTHAKUNNAM TE II, III
24 MOOZHIKKULAM TE II,III
25 MUKKANNOOR TE II, III
26 NARAKAL TE II,III
27 ODAKKALY TE II,III
28 PADUVAPURAM TE II,III
29 PATTIMATTOM TE II, III
30 PERUMBAVOOR TE II,III
31 PUTHENVELIKKARA TE II, III
32 SREEMOOLANAGARAM TE II
33 THOTTAKKATTUKARA TE II, III
34 THURAVUR TE II,III
35 VALAYANCHIRANGARA TE II
36 VARAPUZHA TE II,III
37 VENGOOR TE II,III
38 VYPIN TE II
Total shifts 65
1.Shifts will be of 8 hours, i.e., 00.00 to 08.00 hrs.00 hrs to 00 hrs and duty is required on all
days.
2. The stations as well as number of shifts mentioned in this schedule is provisional and may
change. For additional requirement on subsequent dates during tender period, the bidder
has to provide services at the tender rate.
34 Signature of Bidder
ANNEXURE – E-2
Format of Experience certificate to be issued by operation head
This is to certify that …………………………………………………………………….
(Name and address of agency) has provided …......workers for providing.......... service in
………… …………………..(Name of unit/address) from………………to…………………..
The above said agency has complied with all statutory labour laws like provision of weekly off/payment of wages to workers before 7th of next month for the present month. EPF
subscription has been paid in respect of employees and Employer to EPF authorities and has also
issued ESI cards to all its eligible employees engaged in this unit.
Signature of head of Institution/License area
Place: Date:
35 Signature of Bidder
CHECK LIST
No.R&E/Project Sanchay/Area B/2018-19/1 Dated at EKM the 25/07/2018. 1. Whether proof for payment of EMD for Rs …………
enclosed with Tender schedule
If Yes :
DD No.
Name of bank 2. Whether documents to prove eligibility :
is enclosed. : 3. Whether declaration of near
relative furnished : 4. In case of firm whether copy of
certificate of registration of firm is :
enclosed.
5. Whether bid form is enclosed : 6. Whether letter of authorization if any
is enclosed :
7. MSME certificate Date : Signature of Tenderer,
Name and address.
36 Signature of Bidder
AGREEMENT
1. The agreement made this…………………….day of…………………………between the Principal
General Manager Telecom, BSNL, Ernakulam of one part an Shri……………………… ……… …… ………..………………...Proprietor…………………………………………………………hereinafter
called the successful tenderer or contractor of the other part
2. Whereas the Principal General Manager Telecom, BSNL, Ernakulam is desirous of appointing the said
successful tenderer for providing infrastructure maintenance Services and where as the said successful
tenderer has agreed to provide infrastructure maintenance in Area B of BSNL, Ernakulam BA.
3 Whereas the BSNL accepted the tender of------------------------ (Contractor) for the above said work for a
period of one year or extendable for a maximum of one more year in steps of six months on mutual
consent w e f …………… vide tender no…………………………………..
4 Now, therefore, the BSNL and the said contractor have entered into this agreement on remittance of
Rs…………………………………….. as Security Deposit vide Cash/DD/PBG No………………… after adjusting EMD of Rs………………… vide Receipt No. ----------- dated ------------.
5. The contract is responsible to get the following work done by the Infrastructure maintenance workers
6. The Tender notice , general instructions and guidelines to the tender, terms and conditions of the
tender, tender schedule and all other particulars and instructions of the Tender notice no. R&E/Project
Sanchay/Area B/18-19/1 dated ……….forms part of this agreement and the contractor agrees to comply with all the tender conditions.
1 Description of work:
Service to be provided by the contractor or his/ her representatives Any other work assigned by the officer in charge and any service similar to those mentioned above.
2. METHOD AND MANNER OF PERFORMANCE:
2.1 The contractor shall be an independent contractor and have complete charge of the men/women
engaged in the performance of the works. The contractor shall perform the works in accordance with
the terms, conditions and specification contained in the tender document.
2.2 The contractor shall execute the work in the best and most substantial workman like manner during
the period of contract. The contractor shall not employ on the works any unfit person or any one not capable or not properly qualified to properly perform the work assigned to him.
37 Signature of Bidder
2.3 The contractor shall dismiss or remove from the site of the work any person or persons in the Contractor’s employment in connection with the work, who may be incompetent or misconduct
himself / herself.
3. SUB- CONTRACTS:
The Contractor shall not assign sub-contract or subject the whole or any part of the work covered by
the contract or any benefit thereof to any other person or persons.
4. PARTNERSHIP FIRMS:
4.1 Where the Contractor is a partnership firm, the previous approval in writing shall be obtained before
any change is made in the constitution of the firm or transferring the business to another person or
company.
4.2 In the event of the Contractor, with such consent aforesaid, transferring the business during the
period of this contract, the contractor shall make it one of the terms and stipulations of the
contract for the transfer of his properties and business, that such other person or company, shall continue to perform the duties or engagements of the contractor under this contract and be
subject to his liabilities there under.
LABOUR WELFARE AND FARE WAGES:
5.1 The contractor shall comply with the provisions of the payment of wage Act 1936,
Minimum Wages Act 1948, Employees Liability Act 1938, Workmen’s Compensation Act 1923, Industrial Disputes Act 1947, Maternity Benefits Act 1964 ,Bonus act 1965 and the Contractor’s
Labour (Regulation and Abolition) Act 1970 , the employees provident Fund&Miscellaneous
provisions Act 1952, Employees state insurance Act 1948 or the modifications thereof or any other laws relating thereto and the rules made there under from time to time . The tenderer should be fully
responsible for the compliance of all the provision of applicable labour laws. The regulation
aforesaid shall be a part of this contract and any breach thereof shall be deemed to be a breach of this
contract.
5.2 The tenderer should be fully responsible for the compliance of all the provisions of Bonus Act
1965 and Bonus (amendment)Act 2015 or the modifications thereof or anyother laws relating
thereto and the rules made there under from time to time. The contractor shall pay bonus to its employees each year as per payment of Bonus act 1965 and amendment. BSNL shall not be responsible in this regard
5.3 The contractor has to ensure that the labourers are getting the minimum wages prescribed by Central
/ State Governments.
5.4 The contractor shall obtain a valid labour licence under the contract labour (R&A) Act 1970 and the
contract labour(Regulation and Abolition) Central Rules 1971, before commencement of the work ,
and continue to have a valid licence until the completion of the work. The contractor shall also
abide by the provision of the Child Labour (Prohibition and Regulation) Act 1986. Any failure to
fulfill this requirement shall attract the penal provisions of this contract arising out of the resultant
non-execution of the work.
38 Signature of Bidder
5.5 The Officer-in – Charge shall have the right to deduct from the money due to the Contractor any sum required or estimated to be required for making good the loss suffered by a worker or workers
employed directly or indirectly by the contractor for the work, by reasons of non-fulfillment of
various Labour Welfare Acts and Labour Regulations which are in force in the Union of India from
time to time, non-payment of wages or of deductions made from his or their wages which are not justified. The contractor shall indemnify ‘BSNL’ against payments to be made under for the
observance of the laws cited in the aforesaid clause, contained in this Section of the Tender
document.
5.6 The Contractor shall fulfill/comply with the provisions of EPF & Misc. Provisions Act 1952 &
Employees’ Provident Fund Scheme 1952 in respect of labourers/employees engaged by them for performing the works of BSNL. Each claim bill of the contractors must be accompanied by the
i) List showing the details of labourers/employees engaged
ii) Duration of their engagement
iii) The details of amount of wages paid to such labourers/employees for the duration in question
iv) Proof Payment of wages to the labourers through bank account is to be produced along with the monthly bill
v) Amount of EPF/ESI contributions (both employer’s and employees’ contribution) for the duration
of engagement in question, paid to the EPF/ESI Authorities
vi) Copies of authenticated documents of payments of such contribution to EPF/ESI
Authorities (employee wise) and,
vii) A declaration from the contractors regarding compliance of the conditions of EPF Act 1952.
viii) EPF/ESI remittance of each infrastructure maintenance personnel along with their account
numbers and amount remitted against each infrastructure maintenance personnel should be incorporate in the monthly bills. Challans of EPF/ESI remittance should be for the Infrastructure maintenance
personnel only and tally with the amount remitted on each account. The monthly payment remittance
challan of EPF/ESI should be specific to BSNL Ernakulam if the contractor is engaged in similar
contractual obligations with organizations other than BSNL. In other words, producing single
monthly remittance of challans for all the labourers engaged including other labourers engaged
in organizations other than BSNL by the contractor shall not be acceptable 5.7 As per this Agreement, BSNL shall not be responsible for any of the claims or liabilities of any of
the workers, labourers or employees who may be engaged by the Contractor for conducting the
Services for maintenance of BSNL infrastructure in Ernakulam BA and auxiliary works in respect thereof
5.8 BSNL will not be responsible for any of the liabilities, claims or protection covered under any of the provisions contained in the law of land in respect of labour, employees and workers who may
be engaged in maintenance of infrastructure maintenance Services, including the Contractor.
39 Signature of Bidder
5.9 Wage structure
Sl.
No.
Wage structure Remarks
I Present wages 343+VDA as
applicable
II Employer’s Contribution to EPF @
13% of (Basic +VDA)
Paid by BSNL to the agency for
remittance to the statutory
authorities III
Employer’s Contribution to ESI @
4.75% of (Basic +VDA)
IV Employee’s Contribution to EPF @
12%
To be remitted to the statutory
authorities by the agency from
the minimum wages of the up
keeping personnel V Employee’s Contribution to ESI @
1.75%
VI
Agency Service charge including
supervisory & administrative
charges per head/ per duty (8hrs) …….
VII GST
As per the rates approved by the Kerala/Central Govt
The rates of EPF and ESI may change when the Govt. or statutory body once revise the rate.
6. WORKMEN’S COMPENSATION: 6.1 In every case in which by virtue of the provisions of the Workmen’s Compensation Act 1923,
‘BSNL’ is obliged to pay compensation to a workman, employed directly or indirectly by the
Contractor for executing the work. ‘BSNL’ will recover the amount of the compensation so paid from
the Contractor, and without prejudice to the rights of the BSNL under the said Act. ‘BSNL’ shall be at liberty to recover such amount or any part thereof by deducting it from the Security Deposit or
from any sum due by ‘BSNL’ to the Contractor whether under this contract or otherwise. ‘BSNL’
shall not, normally, implicate itself in such cases, made against it under the said Act. However, to up-hold the interest of ‘BSNL’, if it is required to do so, the Contractor shall provide to ‘BSNL’ full
security for all costs for which ‘BSNL’ might become liable in consequence of contesting such claim.
6.2 The labourers, workers, employees including the contractor are not at all entitled to get any of the benefits, claims or liabilities including civil, criminal, tortuous liabilities contained in the various
provisions of the law of land from BSNL
6.3 The Contractor alone is fully responsible for whatever damages, losses etc that may be incurred in conducting the services.
6.4 BSNL can suggest the Contractor for taking Insurance cover for the liabilities, losses and/or damages
etc for the articles and persons for his own protection. However, this suggestion of BSNL must not be construed as taking any responsibility on the same and hence BSNL will not be in the party array. The
responsibility of taking insurance cover for such liabilities, losses and/or damages for the articles
and persons will solely rest with the contractor and BSNL has no stake in it. The Insurance cover,
however, will be restricted to the employees, and the articles of the Contractor and not for the assets of BSNL or BSNL personnel.
6.5 In the event of there being any loss or damages caused to BSNL or BSNL personnel during the tenure
of the Contract period, the Contractor is liable to compensate for such losses or damages to BSNL.
40 Signature of Bidder
6.6 The Contractor shall have to take safety measures for his labourers, workers etc who may be engaged by the Contractor.
7 TAXES AND DUTIES
7.1. Contractor shall pay all levies, fees, royalties, taxes and duties payable under the provisions of
Statute, Rules or Regulations of the Central/State Government or Local Bodies arising out of the
Contract or by virtue of the Contract or incidental to the Contract in respect of the works or operation(s) or any part thereof to be performed by the Contractor. The Contractor shall allow the
‘BSNL’ to recover such taxes and duties from his bills payable and indemnify and keep indemnified
the ‘BSNL’ from and against the same or any default by the Contractor in the payment thereof.
8 MATERIALS SUPPLIED BY THE ‘BSNL’
8.1 All materials supplied to the Contractor by the ‘BSNL’ shall remain the absolute property of ‘BSNL’ and shall not be removed from site of the work except for use in the work and shall be at
all times open to inspection by the Officer-in-Charge or any of his authorized representatives.
Any such material remaining unused at the time of the abandonment, completion or termination of the contract shall be returned to the Officer-in-charge at the site
9. PAYMENT OF BILLS:
9.1 The contractor shall submit Bills along with the performance certificate duly signed by the concerned JTO/SDE of the working unit to the AGM(R&E). On verification the Accounts officer will
make the payments to the Contractor against the bills after deducting the taxes, surcharge, levies etc if any
applicable. But the contractor may ensure timely payment of wages to the labours by 7th of every month without waiting for settlement of bills submitted to BSNL
9.2 Income Tax at the rate as applicable from time to time and surcharge thereto as applicable will be deducted as tax at source from the amount for which the bill has been passed, under relevant
Income Tax Rules. The Accounts Officer will issue necessary Income Tax deduction certificate,
in the prescribed form in due course.
9.3 All taxes, duties and levies payable under the provisions of Statute, Rules or Regulations of the
Central/State Government or Local Bodies arising out of the Contract in respect of the works or
operation or any part thereof to be performed by the Contractor, as applicable of the amount for which the bill has been passed will be deducted at source, under relevant Government Rules from
time to time.
9.4 The pre-receipted bills are to be submitted in TRIPLICATE. The Accounts Officer, who at any
period of time may be authorised by the ‘BSNL’ will make the payments through RTGS.
9.5 The compensation for interruption of service rendered by the Contractor, or cost of materials or stores lost or damaged while carrying out the work or cost of defective components, spares or
tools towards damage of other utility services while carrying out the work will be deducted from
the bills submitted for payment. The Security Deposit shall be considered for adjustment against compensation/other sum due, only at the time of final settlement of bills.
41 Signature of Bidder
10. TERMINATION, OTHER THAN DUE TO THE DEFAULT OF CONTRACTOR:
10.1 The contract will be terminated at any time by written notice stating reasons for such cancellation
or termination to the Contractor, in which event the Contractor shall be entitled to payment for the work done up to the time of such cancellation. In all such cases, the written notice shall be
served to the Contractor at least four weeks in advance from the probable date of
cancellation/termination. No compensation shall be payable to the Contractor towards purchases and hire of manpower and other material for use in respect of the work.
10.2 If the ‘BSNL’ shall not require the whole work or part thereof to be carried out as specified in the
Tender Document at any time, after the commencement of the work, the contractor shall have no claim to any payment of compensation whatsoever on account of any profit or advantage which
he might have derived from the execution of work in full, but which he did not derive in
consequence of the full amount of the work not having been carried out.
11. DEMISE OF THE CONTRACTOR BEFORE FULFILLING THE CONTRACT:
11.1 Without prejudice to any of the rights or remedies under this contract, if the Contractor expires, the contract will be terminated without forfeiting the Security Deposit to the ‘BSNL’ or any
compensation to the Contractor, which does not amount to Breach of the contract. Any amount
payable to the ‘BSNL’ under this contract shall be recoverable from any payment due to him or from the Security Deposit.
11.2 Contractor’s legal heirs/representatives shall not without the consent in writing of the Officer-in-
Charge, have the right to continue to perform the duties or engagements of the Contractor or
under the contract, in case of his death. In all cases proof of death and other relevant documents to this effect shall be submitted to the Officer-in-charge in writing.
12. PENALTY FOR BREACH OF CONTRACT:
12.1 When the Contractor has made himself liable for action under any of the aforesaid reasons, the
Officer-in-charge for and on behalf of the ‘BSNL’ shall have powers
i) To terminate or rescind the contract as aforesaid after proper notices (of which termination
or rescission order in writing to the Contractor by the Officer-in-charge shall be conclusive
evidence). Upon such determination or rescission the Security Deposit remitted by or recovered from the Contractor under the contract shall be forfeited and shall be absolutely at
the disposal of ‘BSNL’.
ii) To measure up the quantum of work completed in all respect of the Contractor after giving notice to the Contractor, and to take such part thereof as shall be unexecuted out of his hands
and to give it to another Contractor to complete, in which case the Earnest Money Deposit
and Security Deposit submitted by the former Contractor shall be forfeited and shall be
absolutely at the disposal of the ‘BSNL’ iii) To debar the Contractor from participating in any of the tenders, pertaining to that Division
in case the Breach of Contract is being committed for first time, or that pertaining to all the
Divisions under the jurisdiction of a Deputy General Manager/Area Manager, in case the Breach of Contract is being committed for second time or further, for a period of one year
from the date of issue of termination or rescission order of the Officer- in- charge.
12..2 In any case in which any of the powers conferred upon the Officer–in-charge by the above
clauses, shall have become exercisable and the same shall not be exercised, the non-exercise
42 Signature of Bidder
thereof shall not constitute a waiver of any of the conditions thereof and such powers shall not withstanding be exercisable in the event of any future case of default by the Contractor and the
liability of the Contractor for compensation shall remain unaffected.
12.3 The Contractor whose work has been terminated or rescinded due to breach of contract and
carried out through another Contractor shall not have any right to initiate any legal proceedings to stall the work. Upon receiving the termination or rescission order in writing, under the hand of
the Officer-in-charge, the Contractor shall return the unused materials supplied by the ‘BSNL’
within the date specified in the termination or rescission order, otherwise the cost of the materials supplied by the ‘BSNL’ shall be recovered from the Contractor .
12.4 In the event of any one or more of the courses of action, that may be adopted by the Officer-in-charge, in accordance with the aforesaid clauses contained in this Section of the Tender
document, the Contractor shall have no claim for compensation towards any loss sustained by
him by reason of having purchased or procured any materials or entered into any engagements or
made any advances on account of the execution of the work or the performance of contract.
13. ARBITRATION:
Except as otherwise provided elsewhere in the contract, if any dispute, difference, question or
disagreement arises between the parties hereto or their respective representatives or assignees. In
connection with construction, meaning, operation, effect, interpretation of the contract or breach
thereof which parties unable to settle mutually, the same shall be referred to Arbitration as
provided hereunder
A party wishing to commence arbitration proceeding shall revoke Arbitration Clause by giving
60 days notice to the designated officer of the other party. The notice invoking arbitration shall
specify all the points of disputes with details of the amount claimed to be referred to arbitration
at the time of invocation of arbitration and not thereafter. If the claim is in foreign currency, the
claimant shall indicate its value in Indian Rupee for the purpose of constitution of the arbitral
tribunal.
The number of the arbitrators and the appointing authority will be as under.
Claim amount
(excluding claim for
counter claim, if any)
Number of
arbitrator
Appointing Authority
Above Rs.5 lakhs to 5
crores
Sole Arbitrator to
be appointed from
a panel of
arbitrators of
BSNL
BSNL (Note: BSNL will forward a list
containing names of three empanelled
arbitrators to the other party for selecting
one from the list who will be appointed as
sole arbitrator by BBNL)
Above 5 crores 3 Arbitrators One arbitrator by each party and the 3rd
arbitrator, who shall be the presiding
arbitrator, by the two arbitrators. BSNL
will appoint its arbitrator from its panel
43 Signature of Bidder
Neither party shall appoint its serving employee as arbitrator.
If any of the Arbitrators so appointed dies, resigns. Becomes incapacitated or withdraws for
any reason from the proceedings, it shall be lawful for the concerned party/arbitrators to
appoint another person in his place in the same manner as aforesaid. Such person shall
proceed with the reference from the stage where his predecessor had left it both parties
consent for the same; otherwise, he shall proceed de novo.
Parties agree that neither party shall be entitled for any pre-reference or pendentelite interest
on its claims. Parties agree that any claim for such interest made by any party shall be void.
Unless otherwise decided by the parties, Fast Track procedure as prescribed in Section 29 B
of the Arbitration Conciliation Act, 1996 for resolution of all disputes shall be followed,
where the claim amount is upto Rs.5 crores.
[29B. Fast track procedure-
(1) Notwithstanding anything contained in the Act, the parties to an arbitration agreement, may,
at any stage either before or at the time of appointment of thee arbitral tribunal, agree in writing
to have their dispute resolved by fast track procedure specified in sub-section (3).
2) The parties to the arbitration agreement, while agreeing for resolution of dispute by fast track
procedure, may agree that the arbitral tribunal shall consist of a sole arbitrator who shall be
chosen by the parties.
3) The arbitral tribunal shall follow the following procedure while conducting arbitration
proceedings under sub-section (1) – The arbitral tribunal shall decide the dispute on the basis of
written pleadings, documents and submissions filed by the parties without oral hearing; The
arbitral tribunal shall have power to call for any further information or clarification from the
parties in addition to the pleadings and documents filed by them;
An oral hearing may be held only, if, all the parties make a request or if the arbitral tribunal considers if
necessary to have oral hearing for clarifying certain issues;
The arbitral tribunal may dispense with any technical formalities, if an oral hearing is held, and adopt
such procedure as deemed appropriate for expeditious disposal of the case.
4) The award under this section shall be made with a period of six months from the date the arbitral
tribunal enters upon the reference.
5) If the award is not made within the period specified in sub-section (4), the provisions of sub-sections
(3) to (9) of Section 29A shall apply to the proceedings.
6) The fees payable to the arbitrator and the manner of payment of the fees shall be such as may
be agreed between the arbitrator and the parties.]
7.The arbitral tribunal shall make and publish the award within time stipulated as under:
Amount of Claims
and Counter Claims
Period for making and publishing of the award (counted from
the date the arbitral tribunal enters upon the reference)
44 Signature of Bidder
Under Rs.5 crores Within 6 months (Fast Track procedure)
Above Rs.5 crores Within 12 months
However, the above time limit can be extended by the Arbitrator for reasons to be
recorded in writing with the consent of parties and in terms of provisions of the Act.
8.In case of arbitral tribunal of 3 arbitrators, each party shall be responsible to make
arrangements for the travel and stay etc.of the arbitrator appointed by it. Claimant shall also be
responsible for making arrangements for travel/stay arrangements for the Presiding Arbitrator
and the expenses incurred shall be shared equally the parties. In case of sole arbitrator, BSNL
shall make all necessary arrangements for his travel/stay and the expenses incurred shall be
shared equally by the parties.
9. The Arbitration proceeding shall be held at New Delhi or Circle or SSA Headquarter (as the
case may be).
10. Subject to the aforesaid conditions, provisions of the Arbitration and Conciliation Act, 1996
and any statutory modifications or re-enactment thereof shall apply to the arbitration proceedings
under this clause.
14. SET OFF Any sum of money due and payable to the tenderer (including Security Deposit refundable to him) under this contract may be appropriated by the PGMT, BSNL Ernakulam 682016 and set off against any claim of the BSNL for payment of a sum of money arising out of this contract or under any other contract made by the contractor with the BSNL.
Agreed and accepted
Asst. General Manager (Estt) Signed,sealed and delivered
On Behalf of PGMT, BSNL Ernakulam by the above named contractor.
In the presence (Witnesses) In presence of ( witnesses)
1) 1)
2) 2)
Place:
Date :
45 Signature of Bidder
REQUEST FOR REFUND OF EMD
From
…………………………….
……………………………….
To
The Principal General Manager Telecom, BSNL, Ernakulam. Sir,
Sub: Request for refund of EMD reg:
Ref: No. R&E/Project Sanjay/Area B/18-19/1 dated at Kohi-16, the 25/07/2018
I/We have submitted tender for maintenance and upkeep of parts of telecom infrastructure at various telephone exchanges / offices in Ernakulam SSA as per tender notification cited above. In case my/our tender is not accepted by BSNL, the EMD remitted by me/us may kindly be refunded as soon as possible. An advance stamped receipt for the above is attached herewith.
Thanking you
Yours faithfully,
ADVANCE STAMPED RECEIPT
Received an amount of Rs. /-(Rupees ……………………………………………………………….
only) from Accounts Officer(Cash), Office of the Principal General Manager Telecom, BSNL,
Kochi-16 towards EMD amount remitted as per tender No. dated at Kochi-16 the…….
Signature of bidder:
Date :
Name & Address
46 Signature of Bidder
E-tendering Instructions
Note: The instructions given below are ITI’s e-Tender portal centric and for E-tenders invited by
AGM (Admn) O/o PGMT,BSNL, ERNAKULAM
General: These Instructions (for E-Tendering) supplement Instruction to Bidders, as enclosed in the
tender Document. Submission of Bids only through online process is mandatory for this Tender.
For conducting electronic tendering, BSNL, ERNAKULAM BA, in Kerala Telecom Circle is
using the portal http://www.tenderwizard.com/BSNL) of M/s ITI a Government of India Undertaking.
1. Tender Bidding Methodology
Sealed Bid System – the sealed envelope (Technical/Qualifying Bid only) to be submitted to
AGM (Admn), Ernakulam BA, Kerala Telecom Circle (Techno Commercial Bids) as well as by soft copy
for uploading in E-portal of ITI. Financial bid is also to be uploaded by the bidder at the same time in E-
portal of ITI. (financial bid not to be submitted in hard copy)
2. Broad outline of activities from Bidders prospective:
1. Procure a Digital signing Certificates (DSC)
2. Register on Electronic Tendering System (ETS)
3. Create Users and assign roles on ETS
4. View Notice Inviting Tender (NIT) on ETS
5. Download official Copy of Tender Documents from ETS
6. Clarification to Tender Documents on ETS – Query to BSNL (Optional) - View response to
queries posted by BSNL, through addenda.
7. Bid-Submission on ETS
8. Attend Public Online Tender Opening Event (TOE) on ETS – Opening of Technical Part
9. Post-TOE Clarification on ETS (Optional) – Respond to BSNL’s Post-TOE queries
10. Attend Public Online Tender opening Event (TOE) on ETS – Opening of Financial Part
(Only for Technically Responsive Bidders).
For Participating in this Tender online, the following instructions are to be read carefully.
These instructions are supplemented with more details guidelines on the relevant screens of the ETS.
47 Signature of Bidder
Note 1:
It is advised that all the documents to be submitted ( as per NIT) are kept scanned or converted to PDF
format in a separate folder on your computer before starting online submission.
The Price bid may be downloaded and rates may be filled appropriately. This file may also be saved in a
secret folder on your computer.
Note -2:
While uploading the documents, it should be ensured that the file name should be the name of the
Document itself.
3. Digital Certificates:
For integrity of data and its authenticity/non repudiation of electronic records, and be compliant with IT
Act 2000, it is necessary for each user to have a Digital Certificate (DC) also referred to as Digital
Signature Certificate (DSC), of Class III or above issued by a Certifying authority (CA) licensed by
Controller of Certifying Authorities (CCA) [refer http://www.cca.gov.in].
1. Registration
The Tender document can be downloaded from the website: www.tenderwizard.com/BSNL and
to be submitted in the e-format. Cost of Tender document and Bid Security, Power of Attorney (wherever
applicable) in original along with the hardcopies of all the documents which are uploaded in the e-tender
portal have to be submitted to AGM (Estt ) of BSNL, Ernakulam BA of Kerala circle by person or by
post before the scheduled date and time of submission of the Tender otherwise the Bid will not be
considered.
Amendments, if any, to the tender document will be notified in the above website as and when
such amendments are notified. It is the responsibility of the bidders who have downloaded the tender
document from the website to keep themselves abreast of such amendments before submitting the tender
document. Intending bidders are requested to register themselves with M/s ITI through
www.tenderwizard.com/BSNL for obtaining user ID, Digital Signature etc., by paying Vendor
registration fee and processing fee for participating in the above mentioned tender.
BSNL Ernakulam BA of Kerala circle has decided to use the process of E- tendering for inviting
this tender and thus physical copy of the tender would not be sold.
Note:
After successful submission of Registration details and Vendor Registration fee and processing fee (as
applicable) please contact ITI Helpdesk ( as given below), to get your registration accepted/activated.
48 Signature of Bidder
Helpdesk
Telephone/Mobile NOs Mr.Tharanath, 9746118519
e-mail [email protected] Mr Sanil Mob. 09747363433
e-mail :[email protected]
[between 9:30 hrs to 18:00 hrs on working days]
E-maid ID [email protected]
BSNL’s Contact Person AGM (Estt),BSNL ERNAKULAM, KERALA CIRCLE
Telephone/Mobile NO 0484-2377575, FAX 0484 2378004 between 09:30 to 17.00
hrs On working days
E-maid ID [email protected]
5. Some Bidding related information for this Tender (sealed Bid)
The entire bid submission would be online on ETS . Broad outline of submissions are as follows: During
“Request stage” of uploading, uploading the following documents only.
1. DD FOR Tender form fee as per NIT (scanned copy on e- tendering portal and original to tender
inviting officer.
2. EMD as per NIT ( Scanned copy on e-tendering portal and original to tender inviting officer ).
3. Scanned copy of all the eligibility documents as per NIT at a stroke before submitting this tender.
During “Submission Stage”, upload the remaining documents alone if any.
6. Offline Submissions:
The bidder is requested to submit the following documents through offline method so as to reach the AGM (Estt), O/o PGMT,BSNL, Kalathiparambil Road, Kochi-16 as per NIT
a) DD towards the cost of tender document as per NIT
b) DD towards Bid Security/NSIC towards Bid security/EMD as per NIT
c) Original Power of attorney (If applicable) and mandatory documents as per NIT
d) All documents related to eligibility as per NIT
The bidder has to upload the scanned copy of the above documents during uploading of the bid in E-
format.
7. Special Note on Security of bids:
Security related functionality has been rigorously implemented in ETS in a multi-dimensional manner.
Starting with ‘Acceptance of Registration by Service Provider’, provision for security has been made at
various stages in Electronic Tender’s software. Specifically for Bid submission, some security related
aspects are outlined below: As part of the Electronic Encrypted functionality, the contents of both the
49 Signature of Bidder
“Electronic forms” and the “Main-Bid” are securely encrypted using a Password created by the server
itself. The Password is more difficult to break. This method of bid-encryption does not have the security
and data integrity related vulnerabilities which are inherent in e-tendering systems which use Public-Key
of the specified officer of a Buyer organization for bid-encryption. Bid-encryption in ETS is such that the
Bids cannot be decrypted before the Public Online Tender Opening Event (TOE), even if there is
connivance between the concerned tender-opening officer of the Buyer organization and the personnel of
e-Tendering service provider.
8. Public Online Tender Opening Event ( TOE)
ETS offers a unique facility for Public Online Tender Opening Event (TOE). Tender Opening
Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening
Event (TOE) from the comfort of their offices. For this purpose, representatives of bidders (i.e. Supplier
organization) 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 ETS.
As soon as a Bid is decrypted with the corresponding “Pass Phrase” as submitted online by the
bidder himself (during the TOE itself), salient points of the Bids are simultaneously made available for
downloading by all participating bidders. The work of taking notes during a manual Tender Opening
Event is therefore replaced with this superior and convenient form of ‘Public Online Tender Opening
Event (TOE)’.
ETS has a unique facility of ‘Online Comparison Chart” which is dynamically updated as each
online bid is opened. The format of the chart is based on inputs provided by the Buyer for each Tender.
The information in the Comparison Chart is based on the data submitted by the Bidders. A detailed
Technical and/or Financial Comparison Chart enhances Transparency. Detailed instructions are given on
relevant screens.
ETS has a unique facility of a detailed report titled “Minutes of Online Tender Opening Event
(TOE)” covering all important activities of Online Tender Opening Event (TOE). This is available to all
participating bidders for Viewing/Downloading.
There are many more facilities and features on ETS. For a particular tender, the screens viewed
by a Supplier will depend upon the options selected by the concerned buyer.
50 Signature of Bidder
9. Other Instructions
For further instructions, the vendor should visit the homepage of the portal
(https://www.tenderwizard.com/BSNL)
Important Note: It is strongly recommended that all authorized users of Supplier organizations should
thoroughly peruse the information provided under the relevant links, and take appropriate action. This
will prevent hiccups, and minimize teething problems during the use of ETS.
The following FOUR KEY INSTRUCTIONS for BIDDERS must be assiduously adhered to:
1. Obtain individual digital Signing Certificate (DSC or DC) well in advance of your first tender
submission deadline on ETS
2. Register your organization on ETS well in advance of your first tender submission deadline on ETS
3. Get your organization’s concerned executives trained on ETS well in advance of your first tender
submission deadline on ETS.
4. Submit your bids well in advance of tender submission deadline on ETS.
(There could be last minute problems due to internet time out, breakdown, etc) while the first three
instructions mentioned above are especially relevant to first time users of ETS, the fourth instruction is
relevant at all times.
Minimum Requirement at Bidders End:
Computer System with good configuration (Min P IV, 1 GB RAM, Windows-XP), Broadband
connectivity, Microsoft Internet Explorer 6.0 or above Digital Certificate (s)
10. Vendors Training programme
Vendors may contact the ITI Helpdesk personnel for any type of training/help, which they may require while uploading the bids.
51 Signature of Bidder
10. Other Instructions For further instructions, the vendor should visit the home -page of the portal
(https://www.tenderwizard.com/BSNL).
Important Note: It is strongly recommended that all authorized users of Supplier organizations should
thoroughly peruse the information provided under the relevant links, and take appropriate action. This will prevent hiccups, and minimize teething problems during the use of ETS.
The following ‘FOUR KEY INSTRUCTIONS for BIDDERS’ must be assiduously adhered to:
Obtain individual Digital Signing Certificate (DSC or DC) well in advance of your first tender submission deadline on ETS
Register your organization on ETS well in advance of your first tender submission deadline on ETS. Get
your organization’s concerned executives trained on ETS well in advance of your first tender submission deadline on ETS
Submit your bids well in advance of tender submission deadline on ETS (There could be last minute
problems due to internet timeout, breakdown, etc While the first three instructions mentioned above are
especially relevant to first-time users of ETS, the fourth instruction is relevant at all times.
11. Minimum Requirements at Bidders end
Computer System with good configuration (Min P IV, 1 GB RAM, Windows XP)
Broadband connectivity. Microsoft Internet Explorer 6.0 or above
Digital Certificate(s)
12. Vendors Training Program
Vendors may contact the ITI Helpdesk personnel given in clause 4 of Section 4 Part C, for any type of
training/help, which they may require while upload
(In case the above date happens to be holiday, it will be postponed to the next working day at the same
time at the same place.)
For conducting electronic tendering, BSNL Kerala Circle is using the portal
(https://www.tenderwizard.com/BSNL) of ITI a Government of India Undertaking and the Bidders may follow the e-tendering instructions in the above portal for participating in this tender.
Asst. General Manager (Estt.) O/o thePrincipal General Manager Telecom
BSNLBhavan,Kalathiparambil Road
Kochi -682016.
Ph. No. 0484 2377575.
Fax No. 0484 2378004.
52 Signature of Bidder
Annexure -F
Bharat Sanchar Nigam Limited
(A Govt. of India Enterprise)
O/oPrincipal General Manager Telecom District, BSNLBhavan,
Kalathiparambil Road, Kochi-16
Notice inviting E-TENDER for
“Maintenance of BSNL Infrastructure” ( UP-KEEPING )
in ERNAKULAM BUISNESS AREA – Area B
Tender . No.R&E/project Sanchay/Area B/2018-19 /01 Dtd at EKM the 25/07/2018.
FINANCIAL BID
(Pages 52 to 54)
FOR AREA -B ( Divisions- Aluva, Angamali, Paravoor and Perumbavoor.)
Table-1
53 Signature of Bidder
SCHEDULE OF STANDARD WAGES.
NO. Tender . No.R&E/project Sanchay/AreaB/2018-19 /1 Dtd at EKM the 25/07/ 18
.
AREA
Basic Wages
(Rs.343/-) inclusive
of VDA* per Shift
per day.
EPF- Employer
contribution @
13% (including
administrative
charges) of
(Basic+VDA*)
ESI-Employer
contribution @
4.75% of
(Basic+VDA*)
Total
1 2 3
AREA B Rs 343+VDA*
applicable (Basic+VDA*)13% (Basic+VDA*)4.75% Total = 1+2+3
*Subject to revision of consumer price index Numbers from time to time in accordance with the
notification from the Dept of Economics and statistics. The rates of EPF and ESI may change when
the Govt. or statutory body once revise the rate.
EXPLANATORY NOTE ON SCHEDULE OF STANDARD WAGES.
The wages per month per shift presented has been computed on the basis of minimum wages to
be paid as applicable to the locations concerned. The basic rate have been taken based on the order of
CGMT TVM letter no Genl/200-1/2014/1/26 dt 06/06/2016 to which the VDA as applicable has been
added. The wages to be paid to workers engaged by the contractor cannot fall below the rates presented in
the Schedule of Standard Wages forming part of the financial bid. In addition, the contractor has to pay
mandatory dues like EPF, ESI, GST, etc as applicable. The statutory deduction as applicable now and its
current rates are furnished in the financial bid form. Any increase / decrease in the estimated wages
arising out of the revision of basic minimum wages, rate of VDA and mandatory dues to be borne by the
contractor will alone be reimbursed by BSNL. The bidder will only quote the service charges to be paid
per shift per day. The rate of service charges as quoted by the bidder shall remain unchanged during the
entire tenure of the contract irrespective of any revisions occurring for any elements constituting the
standard wages, during the currency of the contract. Consequently, there shall be no change in the actual
amount of service charges accruing to the contractor under this tender during the entire period of the
contract. The service charge to be quoted shall take care of costs to be borne by the contractor including
any additional cost on employees except the minimum wages as applicable from time to time. BSNL shall
be liable to reimburse only the minimum wages and statutory contributions to be made by the contractor
corresponding to such minimum wages. If the rate quoted is not meeting the minimum requirement, such
tender(s) will be summarily rejected as non-responsive. BSNL also reserve the right to enhance or
decrease the minimum wages to be paid to the workers on the basis of the directions received from the
competent authority during the period of contract. However, the amount of service charge will remain
unchanged.
54 Signature of Bidder
FINANCIAL BID
(Financial bid to be uploaded in the profroma available with online tender
form)
EOI No: R&E/Project Sachay/Area B/2018-19/1 dated at Kochi-16, the 25/07/2018
(RATE SCHEDULE FOR Area -B ) i.Name and address of the bidder :
ii. EPF Registration No.
iii. ESI Registration No.
iv. Service Tax Registration No.
1 Wages inclusive of VDA per shift per
person (Rs.343+ VDA applicable) for 8
hours duty.
Rs…….
2 Employer Contribution EPF @13% of
Rs……. based on (1) above
Rs …….
3 Employer Contribution ESI @4.75% of
Rs. ……. based on (1) above
Rs……..
4 Service Charges (to be quoted by
the bidder) per person per shift per
day of 0800hrs duty
(Please see Note 2 below)
i.In figures: Rs………… .
ii. In words: Rs.
Total service required is 65
Note :1 Payment will be as per Minimum Wages Act prevailing in Kerala as per Central/State Labour
Commission rates, as indicated at 1, 2, 3 above subject to revision according to
clarification/direction issued by Competent authority. Additional liability for wage arrears on
account of revision in future will be borne by BSNL on production of proof of payment.
2. Service charge quoted is inclusive of all other charges and levies, Taxes, excluding GST
which shall be paid extra at the applicable rate .