mahanagar telephone nigam ltd.,...
TRANSCRIPT
Page | 1
MAHANAGAR TELEPHONE NIGAM LTD., MUMBAI O/o Sr.
O/o.Senior.Manager (Bldg) MZN, Mazgaon Telephone Exch.
Bldg., Moti shah lane, Mumbai – 400010.
OPEN TENDER FOR ANNUAL MAINTENANCE CONTRACT
FOR HOUSE KEEPING OF
MAZGAON TELEPHONE EXCHANGE BUILDING,
MOTI SHAH LANE, MUMBAI – 400 010
TENDER NO. Sr.MANAGAR(Bldg)/MAZGAON/HOUSEKEEEPING/NIT/13-14 Date:-03/04/2013 Price Rs. 525/- (Rupees Five Hundred Twenty Five Only) each copy (inclusive of all Taxes) – Non Refundable- Payable by DD / Pay Order in favour of MTNL, Mumbai. Signature of Tenderer Sr.MANAGAR (Bldg) MAZGAON MTNL., Mumbai . (with Seal)
Page | 2
INDEX
Pages Clause/
Annexure Details
1 Cover Page
2 Index
3 – 4 Notice inviting Tender
5 – 12 Instructions to Tenderer
13-32 General (Commercial) Conditions of Contract
33-35 Special Conditions of Contract
36-38 Annexure I Technical Bid
39 Annexure –II Schedule of requirements
40 Annexure –III A Work specification
41 Annexure –III B Area specification
42 Annexure-IV Bid Form and Price Schedule-Financial Bid
43 Annexure-V Declaration
44 Annexure-VI Questionnaire
45-47 Annexure-VII Proforma of Agreement
48-50 Annexure-VIII Proforma for Bank Guarantee
51 Annexure-IX Proforma for Authorization letter to attend tender opening
Page | 3
MAHANAGAR TELEPHONE NIGAM LIMITED, MUMBAI
(A GOVERNMENT OF INDIA ENTERPRISE)
O/o The Senior Manager (Building) MAZGAON, 4TH
Floor, Mazgaon Telephone Exchange,
Moti shah lane, Mumbai – 400010.
No. Sr.MANAGAR (Bldg) MAZGAON/House Keeping/NIT/13-14
NOTICE INVITING TENDER
1. On behalf of Chairman and Managing Director, Mahanagar Telephone Nigam Limited, sealed
tenders are invited under Two Bid system by Sr. Manager (Building) MAZGAON, Mazgaon Telephone
Exchange Building, Moti Shah Lane, Mumbai-10, for House Keeping work of Mazgaon Tel. Exch. Bldg.
under the jurisdiction of DGM (MZN/MDV) C for a period of One Year. MTNL reserves the right to
extend the contract period by up to One Year on same terms and conditions.
2. Date of obtaining tender forms and submission of filled up tenders shall be as under:-.
Sl.No Description Date Time
A Last Date & Time up to which Tender
forms will be issued
27/06/2013 16.00 Hours
B Last Date & Time up to which filled in
tenders have to be submitted
28/06/2013 15.00 Hours
C Tender Opening (Technical bid) Date
and Time
28/06/2013 15.30 Hours
3. a. Name of work: HOUSE KEEPING WORK OF MAZGAON TELEPHONE EXCHANGE BLDG
MUMBAI -010.
b. Estimated Cost: Rs. 6,30,200+ Service Tax @ 12.36% Rs. 77,892 = Total Rs. 7, 08,092
(Rs. Seven Lakh Eight Thousand Ninety Two only) FOR One Year
c. Earnest Money Deposit: Rs. 14,170/= (Rs. Fourteen Thousand One Hundred Seventy only).
4. Eligibility conditions:-
a. .Experience of carrying out work of House Keeping work in MTNL / DOT / BSNL/Railways or any
Central/State Government Departments for at least Three years as on 01-04-2013.
i) Three similar completed works each costing not less than the amount equal to 40% of the estimated cost.
OR
ii) Two similar completed works each costing not less than the amount equal to 50% of the estimated cost.
Page | 4
OR
iii) One similar completed work costing not less than the amount equal to 80% of the estimated cost.
Note: Only completed works duly certified satisfactory by authorities not below the level of Senior Manager or Executive Engineer will be accepted as proof of completion of a work. Work order or job orders will not be considered as proof of completion.
b. Annual financial turnover during each of the last 3 years, i.e., 2009-10, 2010-11 and 2011-12 should be at least 30% of the estimated cost.
c. Registration with Service Tax authorities.
d. Attested copies of Income Tax Returns for the last 3 financial years, up to AY 2012-13 & Xerox copy
of PAN Card
e. Copy of current Valid Labour Law License.
f. Registration with Employees Provident Fund Organization (EPFO) with latest paid challan
g. Registration with ESIC authorities with latest paid challan
h. Certificate issued valid under Shops & Establishment. j. Appropriate registration for Partnership / Private Limited / Limited firms.
j. The firm should not have been black listed/ debarred by / from any Government or Public Sector Organization.
5. Cost of Tender Form:
The cost of form is Rs.525/- (Rupees Five Hundred and Twenty Five only) (including 5%
VAT) payable by Demand Draft drawn on any Scheduled/ Nationalized Bank in favour of
“MAHANAGAR TELEPHONE NIGAM LIMITED, MUMBAI” payable at Mumbai. Tender
cost is not refundable.
The Tender form can be collected, on payment of cost of tender form, from the office of
Deputy Manager (Bldg) Mazgaon, Grd Floor, MAZGAON Tel. Exch. Bldg, Moti Shah,
Mumbai -10 on all the working days except Second Saturday between 10.30 hours and 16.00
hours. Tender forms will not be sent by post.
The intending firm can also download the tender document available on MTNL Website
www.mtnl.net.in. In such case, DD/Pay Order of Rs.525/- drawn in favour of MAHANAGAR
TELEPHONE NIGAM LIMITED, MUMBAI (Payable at Mumbai) from any Nationalized or
Scheduled Bank should be submitted along with Tender Bid towards cost of Tender Documents
(Not Refundable).
Sr. Manager (Building) MAZGAON
MTNL Mumbai
Contact No. 022-23771000
Email address:- smewsdbldgmzn@ gmail.com
Page | 5
INSTRUCTIONS TO TENDERER
1. DEFINITIONS
a. The “MTNL” shall mean Mahanagar Telephone Nigam Ltd., having its registered office at 12th
Floor, Jeevan Bharati Tower-I, Connaught Place, New Delhi-110001 and shall include their legal
representatives, employees and permitted assignees.
b. The “CMD MTNL” shall mean the Chairman and Managing Director of Mahanagar Telephone
Nigam Ltd., or his successors in the office or his authorized officer.
c. The “ED MTNL” shall mean the Executive Director, MTNL, Mumbai or his successors in the office
or his authorized officer.
d. The “GM” shall mean the concerned General Manager
e. The “DGM” or “DGM (Tech)” shall mean the concerned Deputy General Manager of MTNL,
Mumbai.
f. The “ S.M ” shall mean concerned Senior Manager
g. The “Contract” shall mean & include Notice for Inviting Tender (NIT), the tender documents and
letter of acceptance thereof and the formal agreement, if any, executed between the MTNL and the
Contractor together with the complete documents referred to therein including the conditions with
appendices and any special conditions, the specifications, designs, drawings, schedule of quantities
with rates and amounts and schedule of rates. All these documents taken together shall be deemed
to form one Contract and shall be complementary to each other.
h. The “Contractor” shall mean the individual or firm or company whether incorporated or not,
undertaking the work and shall include legal representative(s) of such individual or persons
composing such firm or company or successors of such firm or company as the case may be and
permitted assignees of such individual or firm or company.
i. The “Deputy Manager, MTNL” or Dy .Manager-in-Charge shall mean the concerned Deputy
Manager–in-charge, who shall direct, supervise and be in-charge of the work for purposes of the
Contract. The Sr. Manager, MTNL may nominate his representative(s) and authorize him/them to
assist in performing his duties and functions.
j. The „Site‟ shall mean the land, building and/or other places or part thereof on, under, into or
through which the Work is to be executed under the Contract including any other lands or places
which may be allotted by the MTNL or used for the purpose of this Contract
k. The “Work” shall mean the works to be executed in accordance with the Contract.
l. The “Letter of Acceptance” shall mean intimation by a letter in writing by the MTNL to the
successful tenderer that his tender has been accepted in accordance with the provisions contained
therein.
m. The “Contract Value” shall mean the amount at which the tender has been accepted.
n. The “Tender” shall mean the proposal along with supporting documents submitted by eligible
tenderer on the prescribed documents/forms for consideration of the MTNL.
o. “The Bidder” means the individual or firm who participates in the tender and submits its bid.
p. “The Letter of Acceptance” means the intention of the MTNL to place the Work order on the
bidder.
q. “The Work Order” means the order placed by the MTNL on the successful bidder, duly signed and
includes all attachments and appendices thereto and all documents incorporated by reference
therein. The Work Order shall be deemed as “Contract” appearing in the document.
Page | 6
r. “Evaluation” means and includes evaluation carried by MTNL to determine whether the bids
received are complete, whether any computational errors have been made, whether the required
sureties have been furnished, whether the documents have been properly signed and whether the
bids are generally in order.
2. INTERPRETATIONS
2.1 Singular and Plural Words imparting the singular only also include the plural and vice-versa where
the context requires.
2.2 Headings and marginal notes if any to these General Conditions shall not be deemed to form part
thereof or be taken into consideration in the interpretation or construction thereof or of the Contract.
2.3 MEANINGS
Wherever in this Contract the words directed, permitted, required ordered, designed, considered,
necessary or like words are used, it shall be understood that the said directions, permissions, requirements,
orders, designs etc. of the Senior Manager, MTNL, are intended. Similarly, words approval, acceptable,
satisfactory or like words shall mean “approved by” or “acceptable to” or satisfactory to the Senior
Manager, MTNL unless any other meaning is plainly intended.
2.4 In case of dispute in the interpretation, the decision of concerned GM shall be final and binding.
3 COST OF BIDDING
The bidder shall bear all costs associated with the preparation and submission of the bid. The MTNL will,
in no case, be responsible or liable for these costs, regardless of the conduct or outcome of the biding
process.
4. DOCUMENTS REQUIRED
4.1 The services required to be carried out, bidding procedures and contract terms and conditions are
prescribed in the Bid Documents. The Bid documents include:
A. Notice Inviting Tender
B. Instructions to Bidders
C. General(Commercial) Conditions of Contract
D. Special conditions of Contract, if any
E. Schedule of Requirements
F. Work specification
G. Area specification
H. Technical Bid and Financial Bid Forms
Page | 7
I. Performance Security Bond Form
J. Agreement Proforma
K. Declaration
L. Questionnaire
M. Letter of authorization to attend bid opening.
4.2 The Bidder is expected to examine all instructions, forms, terms and specifications in the Bid
Documents. Failure to furnish all information required as per the Bid Documents or submission of
the bids not substantially responsive to the Bid Documents in every respect will be at the bidder‟s
risk and may result in rejection of the bid.
5. CLARIFICATION OF BID DOCUMENTS
5.1 A prospective bidder, requiring any clarification on the Bid Documents shall notify the Sr. Manager
in writing or by FAX at the Sr. Manager‟s mailing address indicated in the invitation of Bid. The
Sr. Manager shall respond in writing to any request for the clarification of the Bid Documents,
which it receives not later than Seven days prior to the date of opening of the Tenders. Copies of
the query (without identifying the source) and clarifications by the Sr. Manager shall be sent to all
the prospective bidders who have received the bid documents.
5.2 Any clarification issued by MTNL in response to query raised by prospective bidders shall form an
integral part of bid documents and it may amount to an amendment of relevant clauses of the bid
documents.
6. AMENDMENT OF BID DOCUMENTS
6.1 At any time, prior to the date of submission of Bids, MTNL may, for any reason, whether at its own
initiative or in response to a clarification requested by a prospective bidder, modify bid documents
by amendments.
6.2 The amendments shall be notified in writing or by FAX to all prospective bidders on the address
intimated at the time of purchase of the bid document from the purchaser and these amendments
will be binding on them.
A) In order to afford prospective bidders a reasonable time to take the amendment into account
in preparing their bids, MTNL may, at its discretion, extend the deadline for the submission of bids
suitably.
The bidders are required to keep a watch on the MTNL Web Site with reference to
any amendment to the tender document or to clarification to the queries raised by the bidders till a
day prior to the opening of the tender. MTNL reserves the right for rejection of bids if the bids are
submitted without taking into account these amendments/clarifications. Further bidder will be fully
responsible for downloading of the tender document and amendments for their completeness.
Page | 8
7. GENERAL
TRANSFER OF DOCUMENTS
Transfer of tender documents purchased by one intending bidder to another is not permissible.
8.SITE AVAILABILITY
The Site for execution of the work is/are available. The general information can be obtained from the
Sr. Manager (Bldg) MZN, MTNL.
9. TENDERER TO HAVE VISITED SITE:
The tenderer shall be deemed to have visited the Site and familiarized him self thoroughly with it before
submitting the Tender. Non-familiarity with the site, working conditions like shall not be considered as
reason for extra claims or for not carrying out the works. The Tenderer shall wherever applicable, read the
specifications, which may in any way affect his tender and in case of any doubt, obtain required
particulars/clarifications, from the Manager -in-Charge. No extra Payment whatsoever will be made
beyond the Contract value for the alleged ignorance on the part of contractor.
10.TENDERER TO OBTAIN HIS OWN INFORMATION:
The tenderer shall be deemed to have examined the tender documents, and to have obtained all the
necessary information in all matters whatsoever that might influence carrying out the Works at the rates,
prices quoted in the pricing scheduled and satisfied himself to the sufficiency of his tender etc.
11.ONLY ONE TENDER PER FIRM
Not more than one independent and complete offer shall be permitted from the bidder.
12.1 FILLING UP OF TENDER DOCUMENTS
THE TENDER DOCUMENTS TO BE SUBMITTED SHALL CONSIST OF:
A complete set of the tender documents as issued by the Sr. Manager (Building) Mazgaon along with
addenda/corrigenda to the tender documents so sold or issued, including the Notice Inviting Tender (NIT),
duly filled in the tenderer as prescribed in different clauses of the tender documents, signed, stamped and
date affixed should be submitted back as part of the tender offer.
12.2 Signature on all pages of the Tender documents: Tenderer should sign on all the pages of the
tender documents and affix the firm‟s seal. All these documents including the Notice Inviting Tender
(NIT) shall form part of the contract documents and therefore shall be resubmitted along with other
documents in the tender envelope for Technical Bid.
13.LANGUAGE OF BID
The bid prepared by the bidder and all correspondence and documents relating to the bid exchanged by the
bidder and the purchaser shall be written in English language, provided that any printed literature furnished
by the bidder may be written in another language but it is to be accompanied by an English translation of
its pertinent passage(s) duly signed and verified as true English translation. The responsibility for the
correctness of the translation will be solely and completely on the bidder and MTNL shall not be
responsible for any loss/likely loss due to error in translation whatsoever. In such cases, for the purpose of
interpretation of the bid, the English translation shall only govern
Page | 9
14.SIGNATUTRE IN TENDER DOCUMENT BY TENDERER.
The bidder shall submit the tender only in the prescribed format issued to him for the purpose, duly
completed and signed.
All signatures in tender documents shall be dated, as well as the pages of all sections of tender documents
shall be initialed at the bottom or signed wherever required in the tender papers by the tenderer before
submission of tender.
In case of Proprietary firm, the Proprietor should sign.
In case of Ltd. Company, any of the Directors or Authorized signatory must sign the documents.
The tender shall contain the name, place of residence and business of person or persons submitting the
tender and shall be signed by the tenderer with his usual signature.
Partnership firms shall furnish full name of all partners in the tender. It should be signed in the
partnership‟s firms name by all the partners or by duly authorized representative followed by the name and
designation of the person signing. A copy of constitution of the firm with names of all the partners shall
also be furnished.
Tender by a Public Sector Undertaking shall be signed by an authorized representative.
15.CORRECTIONS AND ERASURES:
All corrections/additions/alterations in the quoted amounts/rebates etc. shall are signed in full by the
tenderer with date.
No erasures and/or overwriting are permissible.
If it is found that the tender is not submitted in proper manner or contains too many corrections or absurd
percentage or amounts, it would be open to MTNL to reject the tender and/or to take any other action
against the contractor as deemed fit.
16.Earnest Money Deposit or Bid Security:
Tenders shall be accompanied by Earnest Money Deposit of Rs. 14,170/- ( Fourteen Thousand One
Hundred Seventy only) in the form of Demand Draft or Pay Order drawn in favor of
“MAHANAGAR TELEPHONE NIGAM LTD. MUMBAI” and other documents specified in the tender
schedules. The DD/PO shall be kept in the Envelope for Technical Bid. Tenders submitted without EMD
shall be considered non-responsive bid and shall be summarily rejected.
EMD of unsuccessful bidders will be returned as promptly as possible and in any case, not later than 30
days after the expiry of the period of the bid validity prescribed in this tender.
17.DOCUMENTS TO BE SUBMITTED IN TECHNICAL BID
The intending tenderer shall submit Annexure-I as Technical bid and required documents already
mentioned elsewhere.
Page | 10
In case the tender form has been downloaded from website, separate Demand Draft or Pay Order for
Rs.525/- towards the cost of the tender form. This DD or Pay Order shall be kept in a separate envelope
and kept inside the Envelope for Technical Bid.
18.DOCUMENTS TO BE SUBMITTED IN THE FINANCIAL BID
A Bid Form and Price Schedule completed in accordance with Clause No.20.2 below
19.VALIDITY OF TENDER BID. The bid for the work shall remain valid for a period of 150 days from the date of opening of tenders. A bid
valid for a shorter period shall be rejected by MTNL as being non-responsive.
In exceptional circumstances, MTNL may request the consent of the bidder for an extension to the period
of bid validity. The request and the response thereto shall be made in writing. The bidder may refuse the
request without forfeiting his bid security. A bidder accepting the request and granting extension will
not be permitted to modify his bid.
20. SUBMISSION OF TENDER
The tenderer must submit his sealed tender on the prescribed tender form duly completed and signed by the
tenderer with rubber stamp. Unsealed tenders are liable to be rejected.
The tender is called for under Two Bid System. Therefore, there shall be two separate sealed inner
envelopes, one for „Technical Bid’ and the other for ‘Financial Bid’.
20.1 Documents in Technical Bid:
The sealed envelope for Technical Bid shall contain all the bid documents, including the Tender
documents issued by this office except the Financial Bid as per Annexure-IV. It should be super-scribed as
“Technical Bid for House Keeping work at MAZGAON Tele. Exchange”.
20.2 Documents in Financial Bid:
The sealed envelope for Financial Bid shall contain only Financial Bid and super-scribed as “Financial Bid
for House Keeping work at MAZGAON Telephone Exchange Building”.
20.3 Outer Main Envelope:
Both the inner envelopes of Technical Bid and Financial Bid shall be kept in another bigger envelope and
sealed with superscription “Tender for House Keeping work at MAZGAON Telephone Exchange”.
20.4 The sealed envelope containing tenders shall be addressed to the Sr. Manager (Building) MZN. The
sealed envelope is to be dropped in the Tender Drop Box in the office of the Sr. Manager (Bldg)
MZN, 4TH
Floor, MZN Telephone Exchange, MOTI SHAH LANE, Mumbai- 400 010 up to 15.00 Hrs.
on 28/06/2013 and tenders will be opened by the Sr. Manager (Bldg) MZN or his duly authorized
representative in his office on the same day at 15.30 Hrs. in the presence of the tenderers who wish to
remain present.
20.5 If the tender form has been downloaded from internet, separate DD/Pay Order for Rs. 525/-
towards the cost of the Tender Form shall be kept in a separate envelope, without the technical bid
envelope. This is not refundable. This DD/PO shall be submitted separately and it should not be
combined with the DD/PO for Earnest Money Deposit amount.
21.SEALING
If the envelopes are not sealed as required at above clauses, the bid shall be rejected.
Page | 11
22.LATE BIDS
Any bid received after the deadline for submission of bids shall be rejected and returned unopened to the
bidder.
23.MODIFICATION AND WITHDRAWAL OF BIDS
The bidder may modify or withdraw his/her bid after submission provided that the written notice of the
modification or withdrawal is received by the Sr. Manager (Building) MZN prior to the deadline
prescribed for submission of bids
The bidder‟s modification or withdrawal notice shall be prepared, sealed, marked and dispatched as
required within the time limits given in Clause No. 2 of NIT.
A withdrawal notice may also be sent by FAX but followed by a signed confirmation copy to be delivered
not later than the deadline for submission of bids.
No bid shall be modified subsequent to the deadline for submission of bids.
24.CORRUPT PRACTICES & CANVASSING STRICTLY PROHIBITED Any bribe, commission or advantage offered or promised by or on behalf of the tenderer to any officer or
servant of MTNL shall, (in addition to any criminal liability which the tenderer may incur) debar his tender
from being considered. Canvassing in any manner in connection with tenders is strictly prohibited. The
tenders of the tenderers who resort to canvassing are liable to be rejected.
25. OPENING OF BIDS
The main envelope and Technical bids will be opened in the presence of bidders or their authorized
representatives who choose to attend, at 15:30 hrs on due date.
A maximum of two representatives of any bidder shall be authorized and permitted to attend the bid
opening.
The bidder‟s representatives who are present shall sign in an attendance register. Authority letter to this
effect shall be submitted by the bidders before they are allowed to participate in bid opening (A Format is
given in Section Annexure-IX).
The bidder‟s names, bid prices, modifications, bid withdrawals and such other details as MTNL, at its
discretion, may consider appropriate will be announced at the time of opening.
The date fixed for opening of bids, if subsequently declared as holiday by the MTNL, the revised date of
schedule will be notified. However, in absence of such notification, the bids will be opened on next
working day, time and venue remaining unaltered.
Note: MTNL reserves the right to extend the date and time of opening of tender
The financial bids of qualified bidders will be opened later for which date, time and venue will be
intimated to qualified bidders.
Page | 12
26.SUBMISSION OF ORIGINAL DOCUMENTS BY THE SUCCESSFUL TENDERER
MTNL will be at liberty to call for and verify the original of any document furnished by the successful
tenderer either before awarding the work or at any time during the currency of the contract period. The
contractor shall not dispute the right of MTNL to verify the original documents.
Page | 13
General (Commercial) Conditions of Contract
1.CONTRACT PERIOD
The contract will commence from the date as per the letter of final acceptance of the tender and will be
operative for ONE year. However MTNL is at liberty to close it earlier also and the contractor shall have
no claim whatsoever against for closure of contract. The contract can be extended for a period of one year
at the discretion of MTNL, subject to satisfactory performance, on same terms and conditions.
2.SECURITY DEPOSIT The successful tenderer will be required to furnish a DD in favour of MTNL/ Bank Guarantee on the
prescribed proforma from a Scheduled Bank within 15 days after award of work for a sum equal to 10%
(Ten per cent) of the contract value. Earnest Money Deposit, already deposited by the Contractor shall be
adjusted towards Security Deposit. The whole amount shall be retained up to a period of 3 months from
the date of completion of contract i.e. till the Expiry of Defect Liability Period or finalization of the bill
whichever is later.
All compensation or the other sums of money payable by the Contractor under the terms of this Contract
may be deducted from his Security Deposit or from any sums, which may be due to or may become due to
the Contractor by MTNL.
If the Contractor damages, breaks, or destroys or deface the property belonging to the MTNL or others
during the execution of the Contract, the same shall be made good by the Contractor at his own expenses
and in default thereof, the Sr. Manager (Bldg) MAZGAON, MTNL may cause the same to be made good
through other agencies and recover expenses from the Contractor for which the decision of the Sr.
Manager, (Bldg) MAZGAON, MTNL shall be final and binding.
The contractor can submit Bank Guarantee for the above sum in lieu of the Security Deposit and all the
above conditions will equally apply.
3.FORFEITURE OF SECURITY DEPOSIT
In case the Contractor fails to complete the work, MTNL, without prejudice to other rights and remedies
available under the contract, shall forfeit and encash the Security Deposit Amount in full and credit it to
MTNL absolutely and is open to MTNL to get the work completed at risk and cost of contractor after
issuing suitable notice to the contractor.
In case the bank which issued the Bank Guarantee goes in liquidation or for any reason is unable to make
payment against the said Bank Guarantee, the loss caused thereby shall be borne by the Contractor. The
Contractor forthwith, on demand from MTNL, shall make good the deficit.
4.CONTRACT & LABOUR LICENCE
a) SIGNING OF THE CONTRACT:
The successful tenderer shall be required to execute an agreement with the Sr. Manager (Bldg)
MAZGAON, MTNL in the Proforma annexed to tender document, within 10 days of issue of letter of
Page | 14
acceptance by the MTNL. In the event of failure on the party of the successful tenderer to submit the
Security Deposit & sign the Agreement, as stated above, the Earnest Money will be forfeited.
b) LABOUR LICENCE: The successful Tenderer shall obtain Labour License from Labour
Commissioner for engagement of contract labour at MZN Tel. Exchange Building and submit the same to
Sr.MANAGAR (Building) MZN, before the commencement of the work. In case of any unforeseen
problems, Sr.MANAGAR (Building) MZN may permit the work to commence provided the contractor
undertakes to submit the required licence within one month of award of contract. In any case, payment of
the bills to the contractor will be made only after the labour licence is submitted by the contractor.
5.SUB CONTRACT Sub-contract is not allowed.
6.MTNL EMPLOYEES OR THEIR RELATIVES
The bidder should give a certificate that none of his/her near relative is working in the units as defined
below where he is going to apply for the tender. In case of Proprietorship firm certificate will be given by
the proprietor. For partnership firm certificate will be given by all the partners and in case of limited
company by all the Directors of the company excluding Govt. of India/Financial Institutions nominees and
independent non-official part time directors appointed by Govt. of India or the Governor of the state.
Authorized signatory of bid may also sign this bid on behalf of the entire directors/ partners/ proprietor.
Due to any breach of the above conditions by the company or firm or any other person the tender will be
cancelled and bid security will be forfeited at any stage whenever it is noticed and MTNL will not pay any
damage to the company or firm or the concerned person. The company or firm or the person will also be
debarred for further participation in the concerned unit.
The near relatives for this purpose are defined as:
a) Members of a Hindu undivided family.
b) They are husband and wife.
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).
This Declaration shall be furnished in the format given in Annexure-V
No officer employed in Engineering or Administration duties in an Engineering Department of
MTNL/BSNL/Govt. of India is allowed to work as a contractor for a period of two years from the date of
his retirement from Govt. Service/MTNL/BSNL without the previous permission of the Government of
India/MTNL/BSNL. This contract is liable to be cancelled, if either the Contractor or any of his
employees is found, at any time, to be such a person, who has not obtained permission of the Govt. of
India/MTNL/BSNL as aforesaid, before submission of the tender or engagement in the Contractor‟s
service.
7. RIGHT OF MTNL TO ACCEPT OR REJECT TENDER:
a) The right to accept or reject the tender will rest with the MTNL.
b) The MTNL further does not bind itself to accept the lowest tender and reserves its right to
reject all or any of the tenders received without assigning any reason whatsoever.
Page | 15
c) Tenders, which do not fulfill the conditions specified in the tender schedule, will be
summarily rejected.
d) MTNL, Mumbai reserves the right to accept or reject, any bid and to annul the bidding
process and reject all bids, at any time prior to award of contract without assigning any reason
whatsoever and without thereby incurring any liability to the affected bidder or bidders on the
grounds of MTNL‟s action.
e) MTNL reserves the right to reject tender bid of such of those firms/persons, who were
approved contractors of MTNL but failed to carry out the works assigned to them by any one
of the units of MTNL to the satisfaction of MTNL authorities, even though the firms/persons
may be having satisfactory work completion certificate from other units of MTNL or any
other organization.
f) MTNL may waive any minor infirmity or non-conformity or irregularity in a bid which does
not constitute a material deviation provided such waiver does not prejudice or affect the
relative ranking of any bidder.
Conditional tender or tenders not accompanied by EMD/Bid Security will be rejected summarily.
8. RATES TO COVER.
The rates quoted should be inclusive of all taxes
9.TAXES FOR STATUTES:
Pursuant to the Constitution (Forty Sixth Amendment) Act 1982, if any further tax or levy is imposed by
Statutes, after the date of receipt of tenders, and the contractors there upon necessarily and properly pay
such taxes/levies, the Contractors shall be reimbursed the amount so paid provided such payment, if any.
The Contractor shall, within a period of 30 days of imposition of any further tax or levy, pursuant to the
Constitution (Forty Sixth Amendment) Act 1982 give a written notice thereof to the Sr.Manager, MTNL
that the same is given pursuant to this condition together with all necessary information relating there to.
10.EVALUATION OF RATES IN TENDER DOCUMENT.
Only responsive bids should be evaluated in detail. A responsive bid is a bid which satisfies following
conditions of the bid documents:
a) It meets all the major technical clauses.
b) It meets commercial clauses.
c) The offer is accompanied by a bid security deposit on the prescribed proforma indicated in the
bid document and valid for 30 days beyond the validity of the bid. The validity of the bid as
per current tender documents is 150 days from the date of bid opening.
The Discount/rebates, if any, offered by the bidders shall not be considered unless specifically indicated in
the price schedule (Annexure-IV). Bidders desiring to offer discount shall therefore modify their offers
suitably while quoting and shall quote clearly net price taking all such factors like Discount, free supply,
Page | 16
etc, into account. The percentages/amounts/rebates (if any) etc. quoted/written at any place other
than specified above shall not be considered.
The amounts of contract shall remain fixed during the currency of the contract including extended period,
if any, and shall not be subject to variation on any account except as provided at clause No. 9 above. Any
bid submitted with an adjustable price quotation will be treated as non-responsive and rejected.
In case discrepancies are found between the amount quoted in words and figures or the amount shown in
abstract, the following procedure shall be followed:
When there is difference between the amount in figures and words, then the amount which corresponds to
the amount written in words by the tenderer, shall be taken as correct.
When the amount quoted by the tenderer in figures and words tally but the amount is found incorrect in
total or in Abstract, the amount as arrived by totaling the individual items afresh, will be taken as correct.
If the bidder does not accept the correction of the errors, his bid shall be rejected and the bid
security (EMD) will be forfeited.
The taxes like Service Tax will be shown separately.
The Tenders shall be evaluated on Net Cost to MTNL and the offer which works out to be the lowest
after deducting service tax.
In case more than one tenderer quotes the same rate and if the shat rate happens to be the lowest one (L-1),
then the seniority of the tender bids will be decided based on the total of the turnover of the firms during
last three financial years viz., 2009-10,2010-11 and 2011-12. The bidder with the highest turnover will be
treated as senior.
11. EARNEST MONEY DEPOSIT (BID SECURITY)
11.1 Pursuant to clause 16 of “INSTRUCTIONS TO TENDERERS”, the bidder shall furnish, as part of his
bid, a bid security for an amount of Rs 14,170/- (Rupees Fourteen Thousand One Hundred Seventy only)
11.2 The bid security is required to protect MTNL against the risk of bidder‟s conduct, which would
warrant the forfeiture of bid security pursuant to Clause 11.7 below.
11.3 The bid security shall be in the form of a Demand Draft or Pay Order issued by a scheduled bank in
favour of “MTNL Mumbai‟.
11.4 The bid not secured in accordance with Clause No.16 of “INSTRUCTIONS TO TENDERERS”
shall be rejected by MTNL being non-responsive at the bid opening stage and returned to the bidder
unopened.
11.5 The bid security of the unsuccessful bidder will be discharged as promptly as possible as but not later
than 30 days after the expiry of the period of the bid validity prescribed by the purchaser pursuant to clause
19 of Instructions to Tenderer
Page | 17
11.6 The successful bidder‟s bid security will be discharged upon the bidder‟s acceptance of MTNL‟s
“Letter of Acceptance” and furnishing the performance security satisfactorily in accordance with clause 3
of “General (Commercial) Conditions of Contract”.
11.7 The bid security may be forfeited:
(a) If the bidder withdraws his bid during the period of bid validity specified by the bidder in the Bid
form or
(b) In the case of successful bidder, if the bidder fails:
(i) To sign the contract in accordance with clause 4.a of “General (Commercial)
conditions of Contract” or
(ii) to furnish performance security in accordance with clause 3 of “General (Commercial)
conditions of Contract”
(c) In both the above cases, the bidder will not be eligible to participate in the tender for same item for
one year from the date of issue of “Letter of Acceptance” The bidder will not approach the court
against the decision of MTNL in this regard.
12.SUBMISSION AND PAYMENT OF BILLS
The contractor shall submit his bills monthly along with the service report duly counter signed by the
Sr.MANAGAR, MTNL, as per various clauses of Commercial condition to the effect that the work has
been carried out as per the scope of work and no amount is due to be deducted for non performance of the
work as per the terms of the contract.
The bill shall be submitted within a month of its falling due. In case of delay in submission of bill
beyond one month, the reason for delayed submission should be given and the delay should be condoned
by SM concerned if reasons are genuine.
If the bill is not submitted within Two months of its falling due, the bill will not be normally paid.
However the concerned DGM can condone the delay if satisfied with reason/justification.
Paid challan copies of EPF & ESI contribution with break up details relating to individual contract
employees for the previous month in respect of the employees engaged in above said housekeeping &
work are to be attached to the bill.
In addition, copy of muster roll of previous month for the contract workers duly witnessed by the
authorized representative of SM (Bldg), MZN Exchange shall also be attached.
13.SUSPENSION OF WORK.
The Contractor shall, on receipt of the order in writing from Sr. Manager(Bldg)MZN, MTNL, has to
suspend the entire work or any part thereof for such manner as the Senior Manager, MTNL may consider
necessary for any of the following reasons.
Page | 18
a) On account of any default on the part of the Contractor to fulfill a condition of contract
b) For improper execution of the Work or part thereof for reasons other than the default of the
Contractor; or/and
c) On account of any order/instructions of the Deputy General Manager MTNL or instructions issued
by the Union Govt. of India or State Govt. of Maharashtra or any local authority like Municipal
Corporation, CIDCO, MMRDA etc. or Court having direct bearing on the execution of work.
For safety of the works or part thereof, the Contractor shall, during such suspension, proper protect and
secure the Work to the extent necessary and carry out the instructions given in the behalf by the Senior
Manager, MTNL, or/and
14.BREACH OF CONTRACT
If the Contractor:
i. Having been given by the Sr. Manager(Bldg) MZN, MTNL notice in writing to rectify or replace
any defective work or that the work is being performed in inefficient or otherwise improper shall
omit to comply with the requirements of such notice for a period of seven days thereafter‟ or
ii. Has failed to commence the work or has suspended or work or has failed to proceed with the work
so that in the judgment of the Sr. Manager(Bldg) MZN, MTNL (which shall be final and binding)
he will be unable to secure completion of the work by the stipulated date and continues to do so
after notice in writing of seven days from the Sr. Manager(Bldg)MZN, MTNL: or
iii. Commits default in complying with any of the terms and conditions of Contract and does not
remedy it or take effective steps to remedy it within 7 days after a notice in writing is given to him
by the Sr. Manager(Bldg) MZN, MTNL; or
iv. Being an individual, or if a firm any partner thereof, shall at any time during the currency of the
Contract is adjudged insolvent or having received an order for administration of his estate made
against him under Insolvency Act for the time being in force or make any conveyance assignment
of his effect or composition or arrangement for the benefit of his creditors or purpose so to do, or if
any application be made under any Insolvency Act for the time being in force for the sequestration
of his estate or if a trust deed being executed by him for benefit of his creditors; or
v. Being a company, passes a resolution or the Court makes an order for the liquidation of affairs, or a
receiver or manager on behalf of the debenture holders be appointed circumstances arise which
entitle the /court or Creditors to appoint a receiver or manager which entitle the court to make a
winding up order; or
vi. Assigns, transfer, sublets or attempts to assign, transfer of sublet the entire work or any portion
thereof without the prior written approval of the Sr. Manager(Bldg) MZN, MTNL, then the Sr.
Manager(Bldg) MZN, MTNL may without prejudice to his rights against the Contractor in respect
of any of the delay suspension due to inferior workmanship or otherwise or to any claims for
damage in respect any breach of the Contract and in addition to any right or remedies under any of
the provision of the Contract or otherwise and whether the date for completion has or has not
elapsed, shall have powers to determine or rescind the Contract as aforesaid ( of which the
Page | 19
termination/rescission notice in writing to the Contractor under hand of the Sr. Manager(Bldg)
MZN, MTNL shall be conclusive evidence).
Upon such determination or rescission the Security Deposit of the Contractor shall stand forfeited and shall
be absolutely at the disposal of the MTNL after giving notice to the Contractor to measure up the work of
the Contractor and to take such part thereof as shall remain incomplete/unexecuted out of his hands and to
give it to another contractor to complete in which case any expenses which may be incurred in excess of
the sum which would have been paid to the original contractor if the whole work had been executed by
him (the certificate in writing of the Sr. Manager(Bldg)MZN, MTNL for the amount which exceeds the
amounts contracted for the unexecuted/imperfectly executed items shall be final and conclusive) shall be
borne and paid by the original contractor and may be deducted from any money due to him under this
Contract or on any other account whatsoever or from the Security Deposit and/or additional security
deposit or the proceeds of sales thereof, or a sufficient part thereof as the case may be.
In the event of any one or more of the above course being adopted by the Sr. Manager (Bldg) MZN,
MTNL the Contractor shall have no claim to compensation for any loss sustained by him by reason of his
having purchased or procured any materials or entered into any agreement or made any advances on
account or with a view to the execution of the work or the performance of the Contract. In case action is
taken under any of provisions aforesaid, the Contractor shall not be entitled or be paid any sum for any
work unless and until the Sr. Manager(Bldg) MZN, MTNL has certified in writing the performance of such
work and the value payable in respect thereof.
15.CONTRACTOR REMAINS LIABLE TO PAY COMPENSATION EVEN IF ACTION NOT
TAKEN UNDER CLAUSE 25.
In case, any of the powers conferred upon the MTNL by clause 24 thereof shall have become exercisable
and the same had not been exercised, the non-exercise thereof shall not constitute a waiver of any of the
conditions hereof. In the event of any case of default by the contractor for which, by any clause or clauses
the contractor is declared liable to any compensation amounting to the whole of the security deposit and
the liability of the Contractor for past and future compensation(s) shall remain unaffected.
16.FORECLOSURE/DEVIATION OF CONTRACT.
If at any time after acceptance of the tender, the MTNL decides to abandon or reduce the scope of the
Work for any reason whatsoever, the Sr. Manager (Bldg) MZN, MTNL shall give notice in writing of the
fact to foreclose or restrict the Contract, to the Contractor and the Contractor shall have no claim to any
payment of compensation or otherwise whatsoever, on account of any loss or profit or advantage which he
might have derived from the execution of the work. Further, the contractor shall not have any claim for
compensation by reason of an alteration having been made in the original specifications and instructions
which shall involve any curtailment of the work as originally contemplated.
17.TERMINATION OF CONTRACT ON DEATH.
If the Contractor is an individual or a proprietary concern, and the individual or the proprietor dies and his
successors express their inability to complete the remaining work or if the Contractor is a partnership
concern and one of the partners dies and the firm is wound up as per partnership deed then the Sr. Mgr.
(Bldg) MZN, MTNL shall close the Contract for the uncompleted part without the MTNL being in any
way liable for payment of any compensation to the estate of the deceased Contractor and/or to the
surviving partners of the Contractor‟s firm on account of the closure of the Contract. In the event of such
closure, the Sr Manager (Bldg) MZN, MTNL shall not hold the estate of the deceased Contractor and/or
Page | 20
the surviving partners of the Contractor‟s firm liable for damages for not completing the Contract
notwithstanding other provisions of the Contract.
18.EXCEPTED RISKS (FORCE MAJEURE)
If any time, during the continuance of this contract, the performance in whole or in part by either party of
any obligation under this contract is prevented or delayed by reason of any war, or hostility, acts of the
public enemy, civil commotion, sabotage, fires, floods, explosions, epidemics, quarantine restrictions.
strikes, lockouts or act of God (Hereinafter referred to as events) provided notice of happenings, of any
such eventuality is given by either party to the other within 21 days from the date of occurrence thereof,
neither party shall by reason of such events be entitled to terminate this contract nor shall either party have
any claim for damages against the other in respect of such non performance or delay in performance under
the contract shall be resumed as soon as practicable after such an event may come to an end or cease to
exist and the decision of MTNL as to whether the supplies have been so resumed or not shall be final and
conclusive, provided further that if the performance in whole or part of any obligation under this contract is
prevented or delayed by reason of any such event for a period exceeding 60 days either party may, at his
option, terminate the contract
19.ADHERENCE TO GOVERNMENT REGULATIONS.
The Contractor shall conform in all respect with the provisions of any National or State Statutes,
Ordinances or Laws or any regulations or bye-laws or orders of any local municipal or other duly
constituted authority which may be applicable to the job/Work and with such rules, orders and regulations
of such authorities and companies whose property rights are affected or may be affected in any way by the
work and shall keep MTNL indemnified against all penalties and liability of every kind or breadth or any
such Statute, Ordinance or Law, regulation order or bye-law.
20.CHANGES IN CONSTITUTION.
Where the Contractor is a partnership firm, prior approval in writing of the Sr. Manager (Bldg) MZN,
MTNL shall be obtained before any change is made in the constitution of the firm. Where the Contractor
is an individual or a Hindu Undivided family business concern such approval as aforesaid shall likewise be
obtained before the Contractor enters into any agreement with other parties, when under the reconstituted
firm would have the right to carry out the work hereby undertaken by the Contractor. If prior approval as
aforesaid is not obtained, the Contract shall be deemed to have been assigned in contravention of clause 39
hereof and such action may be taken and the such consequences shall ensure as provided for in the said
clause.
21.DEFECT LIABILITY PERIOD.
The premises on which the Job/Work or any part of it is being executed, or if any damage shall happen to
the Job/Work from any cause whatsoever or if any defect, or other faults appear in the Job/Work after
completion and within three month after the issue of the completion of contract arising out of defective or
improper materials or workmanship, the Contractor shall, on receipt of a notice in writing from Sr.
Manager(Bldg) MZN, MTNL, make good at his own cost, or in default the Sr. Manager(Bldg)MZN,
MTNL cause the same to be made good by other agencies at the risk and cost of the contractor and deduct
the expenses from any sum that may be due or become due to the Contractor or from his Security Deposit.
Page | 21
22.Compliance of various Labour Laws: Statutory Compliance related to Labour Laws:
I. The bidder shall scrupulously observe and comply with all laws, rules,
regulations and requisitions of the Central / State Government and of all
authorities appointed by them or either of them including in particular, Govt. of
India and / or Municipal and / or any other local authority.
II. The bidder shall comply with the provisions of all the labour laws, such as
Payment of wages Act 1936, Workmen’s compensation Act 1923, Industrial
Disputes Act, 1947, Minimum wages Act 1948, Employees State Insurance Act
1948, Maternity Benefit Act 1961, Employees provided funds and Misc., Provisions
Act 1952, Contract Labour (Regulation and Abolition) Act 1970, Payment of Bonus
Act 1965 etc and any amendments thereto or any other law relating thereto and
rules and there under from time to time and comply with all provisions applicable
therein and / or make all the payments specified therein.
III. Bidder will have to cover all employees as per the provisions of above acts
and/or any other enactments/Acts /gazettes or notification & also will have to
produce relevant documents, for the verification of the officials of the Labour
department /other officials as & when called for.
IV. The bidder shall be fully responsible for complying with the provisions (including
documentation and submission of reports on the above to the concerned
authorities) and shall indemnify MTNL from any such lapse for which the
Government / statutory authorities hereunder may take action against the bidder
and /or MTNL.
V. In case a bidder employs women as employee he will discharge his obligation
under law in respect of such women workers.
VI. The bidder shall pay to his staff not less than the minimum wages before expiry of
07 days from the last day of wage period every month and deposit Contribution of
the Employer towards EPF, ESI, etc., with the concerned authorities and provide
proof there of to MTNL along with the bill. Any changes in Minimum Wages during
the Tender/Contract period shall be borne by the bidder/contractor.
Page | 22
VII. Bidder to arrange his own finance for carrying out the job including payment of
wages to his employees. Rates quoted shall be net and inclusive of all the capital
cost, material cost, taxes and levies which might be applicable and inclusive of all
payments to fulfill statutory requirements in connection with workers engaged.
VIII. Bidders working in MTNL shall obtain valid labour license for the maximum
number of contract labours deployed on any day from the competent authority for
carrying out the various activities mentioned in the contract document.
IX. In case the number of labour deployed by the bidder in MTNL exceeds the number
of labour allowed in the license then the bidder shall immediately inform the
concerned department. The bidder shall also apply to the licensing officer in the
region for amendment in the license within 7 days of exceeding the number of
labours mentioned in the license.
X. Should have independent ESI Code number
XI. Should have independent PF Code number
XII. Submission of documentary proof in support of above (Point No. VIII to XI) is
necessary.
XIII. It is the responsibility of bidder that the employees of the bidder shall only be
Indian nationals and the character and antecedents of all personnel deployed in
MTNL should be got verified and cleared by the bidder from the local police
authorities of their native place / permanent residence before they are engaged in
MTNL.
XIV. All employees of the bidder employed in MTNL shall be treated as employees of
the bidder for all purpose and MTNL shall have no liability whatsoever in their
regard, including in case of any injury or loss of life inside or outside MTNL during
the performance of their duty. No claim of any sort from the employees of the
bidder shall be entertained by MTNL, nor shall it have any liability thereof.
XV. It is the responsibility of bidder that the bidder shall not allow or permit his
employees to participate in any trade union activities or agitation in the premises
of the Government of India and MTNL. Undesirable individuals shall be replaced
forthwith by the bidder.
Page | 23
XVI. The bidder will ensure that the employees of the bidder shall be well mannered &
disciplined and shall not involve themselves in any type of discussions,
arguments, quarrel or fighting with any of the staff or officers of the MTNL and
shall behave politely and firmly while adhering to their duties. Any matter creating
hindrance in duties shall be brought to the notice of the Contracting Department.
XVII. Bidder shall decide the number of employees to be deployed for execution of the
work awarded to him and he or his authorized representative will be solely entitled
to dictate such workers about the manner of carrying out the work as per the
prescribed specifications and quality plan.
XVIII. The bidder shall allow weekly off to his workmen and daily working hours will be
fixed as per relevant Act/ Law / and rules made there under. However, no work
shall be left incomplete / unattended on any day. The bidder or his authorized
representative shall interact with concerned officer on day to day basis.
XIX. The bidder shall deploy his own regular employees for carrying out the works contract
awarded to him. At the time of appointment the bidder shall issue appointment letter along
with terms and conditions of employment to his regular employees.
XX. The bidder, besides the photo identity card will also ensure to issue employment
card to his own labours, at his own cost within a period of three days from
beginning of employment in the format prescribed under Rule 76 of Contract
Labour Rules (Form XIV). A copy of this format shall have to be submitted by the
bidder to the contracting department.
XXI. The bidder shall maintain the following register, as required under the Contract
Labour (R & A) Act 1970 :-
a. Register of Workmen as per Form XIII of Rules 75.
b. Muster Roll Register as per Form XVI of Rule 78.
c. Register of Wages as per Form XVII of Rule 78.
d. Any other register / record required by labour commissioner
from time to time.
XXII. The bidder shall provide his employees safety appliances and maintain the same
at his own cost, which may be required under the statute or otherwise.
Page | 24
XXIII. In the event of termination of contract for any reason whatsoever, the bidder shall
withdraw all his employees from the establishment. In case bidder decides to
terminate services of his employees. He should settle all terminal dues.
XXIV. The bidder shall compile attendance everyday in respect of the labours deployed
by him under the Service/job contract.
XXV. The bidder shall maintain an attendance card in respect of every labour deployed
by him.
XXVI. The bidder shall issue pay slips and shall make payment to his labours, deployed
for undertaking activities under the Service contract, on or before 7thof each
month.
XXVII. The bidder shall make payment of wages to his labours on due date in presence
of an authorized representative of contracting department. The authorized
representative shall retain a copy of wage payment sheet with him.
XXVIII. The bidder shall submit bills to the concerned unit on 2nd of each month. The
bidders bills should be accompanied with:
a. Statement of Minimum Wages of labours deployed by him under the Service
contract, PF/ESI no., statutory deductions etc.
b. PF and ESI challans for previous month- separate for concerned Service
contract.
c. Wage payment sheet for the previous month duly certified by concerned
unit.
d. Copy of Form-5 and Form-10 (PF monthly returns) submitted by bidder to
RPFC for billing month.
e. Copy of Form 12A-regarding PF remittance.
f. Copy of Labour License.
XXIX. In case the bidder fails to submit full details of his labour employed and the
contributions payable, MTNL shall recover from the monthly bills of the bidder the
amount of the shortfall in contribution. The amount so recovered shall be paid to the
concerned authorities against the actual contribution payable for Employees State
Insurance
or Employees Provident Fund, etc.
Page | 25
XXX. MTNL shall also have the power to deduct any sum required / estimated to be
deducted from the amount due to the bidder for the following: -
a. Making good the loss suffered by his employees due to non-fulfillment
of Contract Labour (R & A) Act, 1970.
b. Non-payment of wages/minimum wages under the applicable statutes.
c. Deductions from the wages of his employees which cannot be justified
under the applicable statutes.
d. Non observance of any of the provisions of the Contract Labour (R &
A) Act, 1970.
XXXI. Such deductions mentioned in clause (XXX) above will be made in
accordance with Contract Labour (R & A) Act, 1970.
XXXII. The bidder should allot PF account number and get the nomination form, duly
filled in, from each labour deployed by him at the time of joining.
XXXIII. In case the labour already has PF/pension account number, allotted to him,
previously, then the bidder shall get the transfer form filled up at the time of
joining and send to the office of concerned Regional Provident Fund
Commissioner.
XXXIV. The bidder shall submit annual returns in Form-6A and Form 3A, prescribed
under statutory EPF scheme, 1952, in respect of each labour deployed by him with
a copy to contracting department.
XXXV. The bidder should allot ESI account number and get the nomination form, duly
filled in, from each labour deployed by him at the time of joining.
XXXVI. At the time of joining the bidder shall get the self/family registration form filled by
the labour and submit to the local ESI office.
XXXVII. The bidder shall collect the identity card issued after submission of registration
form, from ESI office and handover the card to the concerned labour.
XXXVIII. The bidder shall submit annual returns in Form-6 prescribed under ESI Act,
deployed by him with a copy to contracting department.
XXXIX. The bidder shall be liable to pay statutory bonus under Payment of Bonus Act,
1965.
Page | 26
XL. The bidder shall not employ any person who has not completed his 18 years of
age.
XLI. The bidder shall indemnify MTNL against the compliance of all claims by statutory
authorities and loses, damages or compensation under the provision of Contract
Labour (R&A) Act-1970, payment of wages Act-1936 Minimum Wages Act- 1948,
Payment of Bonus Act-1965, Employees Provident Fund and Misc. Provisions Act-
1952, Employees State Insurance Act-1948, Employer’s Liability Act-1938,
Workman’s Compensation Act-1923, Industrial Dispute Act – 1947, Maternity
Benefit Act- 1961, Payment of Gratuity Act-1972 or any civil or criminal law or any
modification thereon or any other law(s) relating thereto and rules made
thereunder from time to time or as consequence of any accident or injury to any
workman or other persons in or about the work whether in the employment of
bidder or not and also against all costs/ charges and expenses of any suit, action
or proceeding paid to compromise or settle any such claims in connection with
employees engaged by him.
XLII. The bidder shall deposit an amount of Rs.________/- (10% of financial bid) as
security deposit. This security deposit shall be liable to be returned to bidder after
termination of contract and fulfillment of contract and statutory obligations.
XLIII. Security deposit will be released on submission of following certificates from
Concerned Unit mentioned as under:-
a. Completion of work and certification of payment of minimum wages to
contract labours from contracting department.
b. Certificate of compliance of labour laws from contracting department.
c. While releasing the security deposit amount immediately after completion
of said contract, the amount equivalent to the amount of statutory bonus to
be paid shall be retained by the Finance department and this amount will be
released only after the payment of bonus and submission of proof of the
same duly verified by the contracting department.
d. No-dues certificate regarding service tax payment, and any other dues
liable to be remitted by bidder under financial laws, to Finance department
Page | 27
22.1 Valid License The Contractor should have a valid license from Assistant Labour Commissioner
(Central Government) under the Contract Labour (R&A) Act 1970 and the Contract Labour (Regulation
and Abolition) Central Rules 1971 and continue to have the license renewed until the completion of the
Work. Any failure to fulfill this requirement shall attract the penal provisions of the Contract arising out of
the resultant non-execution of the Work.
22.2 Contract labourer’s Age: The Contractor shall not employ in connection with work any persons who
are below eighteen years of age.
22.3 Payment of Minimum Wages: The Contractor shall comply with or cause to be complied with the
Contractor Labour Regulations in regard to all matters provided therein and shall pay to labour employed
by him the wages not less than fair wages as defined in the Contractor‟s Labour Regulations which shall
also include the provisions of the Contract Labour (Regulations and Abolition) Act 1970 and Contract
Labour (Regulations & Abolition) Central Rules 1971 wherever applicable.
22.3 Compliance of EPF Provisions: The contractor has to comply with the provisions of EPF & MP Act
1952 for all the workers employed by him in discharging this job in MTNL. This is applicable even if the
contractor has less than 20 workers in his firm.
In case the Contractor fails to submit full details of his account of labour employed and the contribution
payable, the Senior Manager, MTNL shall recover from the bills of Contractor an amount of contribution
as assessed.
22.4 Compliance of ESI Provisions: The Contractor shall be liable to pay his contribution and the
employee‟s contribution to the Employees State Insurance Scheme in respect of all labour employed by
him and who are covered under ESIS Act 1948in accordance with the provision of the Employees State
Insurance Act, 1948 as amended from time to time.
In case the Contractor fails to submit full details of his account of labour employed and the contribution
payable, the Senior Manager, MTNL shall recover from the bills of Contractor an amount of contribution
as assessed. The amount so recovered shall be adjusted against the actual contribution payable for
Employees State Insurance.
22.5 Compliance of Contract LABOUR (R&A) Act 1970:
In addition to compliance of all other provisions in the Contract LABOUR (R&A) Act 1970, contractor
shall be personally responsible for the compliance of the following specific requirements as per Contract
LABOUR (R&A) Act 1970.
A) The contractor shall make known in Marathi, Hindi and English at the conspicuous place in his
establishment showing:
i. The rate of wages
ii. Hours of work
iii. Wage period
iv. Date of payment of wages
v. Name & address of the inspectors having jurisdiction
vi. Date and details of unpaid wages
B)
i. Contractor shall pay the wages to the workers before the expiry of 7th
of each succeeding month.
Page | 28
ii. The payment shall be made in the presence of the Senior Manager or his authorized representative
and obtain necessary certification in the Register of Wages
iii. The contractor shall have EPF and ESI Code Numbers and deposit the PF contribution (both
employer‟s as well as employees‟) with the Regional EPF Commissioner‟s/ESI‟s office through
Bank Challans.
iv. He must ensure that wages paid to the workers are not less than the minimum wages prescribed by
the State of Maharashtra from time to time.
v. The contractor shall send notice of commencement/completion of work in prescribed Form VI-A or
VI-B to the Assistant Labour Commissioner (Central) within 15 days.
vi. The contractor shall submit Half Yearly Returns in Form-XXIV in duplicate for each Half Year
ending with June & December every year to the licencing officer, i.e., ALC (Central Government)
before 60 days from the close of the Half Year.
vii. The contractor shall issue “Wage Slip” to each contract worker in Form-XIX
viii. The contractor shall give “Employment Card” to each contract worker in Form-XIV
ix. The contractor shall issue a “Service Certificate” to every contract worker at the end of his/her
service in Form –XV
x. He contractor shall maintain a register of “Wage cum Muster Roll” in Form-XVIII
xi. The contractor shall also maintain the following registers
a) Register of Fines in Form-XXI
b) Register of Advances in Form-XXII
c) Register of OT allowance in Form-XXIII
The Sr. Manager(Bldg) MZN, MTNL shall on a report having been made by an Inspecting Officer as
defined in the Contract Labour Regulations have the power to deduct from the moneys due to the
Contractor any sum required or estimated to be required for making good the loss suffered by a worker or
workers by reason of non-fulfillment of the conditions of the Contract for the benefit of workers, non-
payment of wages or of deductions made from his or their wages which are not justified by the terms of the
Contract or non-observance of the said Contractor‟s Labour Regulations.
22.6 Other Labour Laws: The Contractor shall also comply with the provisions of the Payment of Wages
Act, 1936, Minimum Wages Act, 1948, Employer‟s Liability Act, 1938, Workmen‟s Compensation Act,
1923, Industrial Disputes Act, 1947. Maternity Benefit Act, 1961 and Mines Act 1952 or any other law
relating thereto and rules made there under from time to time.
22.7 Penalties contravention of Provisions of These Acts: In the event of the Contractor committing a
default or breach of any of the provisions of the Contract Labour Regulations as amended from time to
time or furnishing any information or submitting or filling any Return/Statement/Form/Register/Slip etc.
under the provisions of these Regulations which is materially incorrect, then on the report of the Inspecting
Officers as defined in the Contractor‟s Labour Regulations, the Contractor shall without prejudice to any
other liability, pay to MTNL a sum not exceeding Rs.200/- ( Rupees Two Hundred only) as liquidated
damages for every default, breach or furnishing, making, submitting, filling materially incorrect
statements/returns as may be fixed by the Sr. Manager(Bldg), MZN, MTNL and in the event of the
Statements/returns as may be fixed by the Sr. Manager (Bldg) MZN, MTNL and in the event of the
Contractor‟s default continuing in the respect, the liquidated damages may be enhanced to Contractor‟s
default continuing in the respect, the liquidated damages may be enhanced to Rs.200/- per day for each
default and the total subject to a maximum limit of 5% of the Contract value. This shall not include the
penalty imposed for non-performance. The Sr. Manager (Bldg) MZN, MTNL shall deduct such amount
Page | 29
from bills or any other sum due to the Contractor. The decision of the Sr. Manager (Bldg) MZN, MTNL in
this respect shall be final and binding.
The Contractor shall indemnify the MTNL against any payments to be made under and for observance of
the Acts/Laws stated in this clause and Contract labour Regulations without prejudice to his right to claim
indemnity due to any cause.
The Contractor shall ensure that no amount by way of commission or otherwise is deducted or recovered
by Supervisor or Manager or any other person from the wages of workman/labour.
23.FAILURE TO COMPLY WITH LABOUR REGULATIONS/ACT/RULES.
In every case in which by virtue of the provisions of subsection (i) of Section 12, of the Workmen‟s
Compensation Act, 1923, the MTNL is obliged to pay compensation to a workman employed by the
Contractor in execution of the works, the Sr. Manager(Bldg)MZN, MTNL shall recover from the
Contractor the amount of the compensation so paid, and, without prejudice to the rights of the Sr.
Manager(Bldg) MZN, MTNL under sub-section (ii) of Section 12, of the said Act, the Sr.
Manager(Bldg)MZN, MTNL shall be at liberty to recover such amount or any part thereof by deducting it
from the Security Deposit or from any sum due from the MTNL to the Contractor whether under this
Contract or otherwise.
The Sr. Manager (Bldg) MZN, MTNL shall not be bound to contest any claim made against it under sub-
section (i) Section 12, of the said Act, the Sr. Manager (Bldg) MZN, MTNL shall be at liberty to recover
such amount or any part thereof by deducting it from the Security Deposit or from any sum due from the
MTNL to the Contractor whether under this Contract or otherwise.
The Sr. Manager (Bldg) MZN, MTNL shall not be bound to contest any claim made against it under sub-
section (i) Section 12, of the said Act, except on the written request of the Contractor and upon his giving
to the Sr. Manager (Bldg) MZN, MTNL full security for all costs for which the MTNL might become
liable in consequence of contesting such claim.
In every case in which by virtue of the provisions of the Contract Labour (Regulation and Abolition) Act
1970 and to the Contract Labour (Regulation and Abolition) Central Rules 1971, the MTNL is obliged to
pay any amounts of wages to a workman employed by the Contractor in execution of the Work, or to incur
any expenditure in providing welfare and amenities required to be provided under the above said Act and
the appended rules or Contractor‟s Labour Regulations, or under the Rules framed by the MTNL and/or
Central/State Government from the time to time for the protection of health of workers employed by the
Contractor, the Sr. Manager (Bldg)MZN, MTNL will recover from the Contractor the amount of wages
paid or the amount of expenditure so incurred: and without prejudice to the rights of the MTNL under sub-
section(2) of Section 20 and sub-section (4) of the Section 21, of the said act, except on the written
request of the Contractor and upon his giving to the Sr. Manager (Bldg)MZN, MTNL full security for all
costs for which the MTNL, might become liable in contesting such claim(s).
Should it appear to Sr. Manager (Bldg)MZN, MTNL that the Contractor is not properly observing and
complying with the provisions of the Contract Labour Regulations and Model Rules and the provisions of
the Contract Labour (Regulation and Abolition) Act 1970, and the Contract Labour (R&A) Central Rules
1971 for people employed by the Contractor (hereinafter referred as “the said Rules”) the Sr. Manager
(Bldg) MZN, MTNL shall have power to give notice in writing to the Contractor requiring that the said
Rule be complied with and the amenities prescribed therein be provided to the work-people within
reasonable time to be specified in the notice. If the Contractor shall fail within the period specified in the
Page | 30
notice to comply with and/or observe the said Rules and to provide the amenities to the work-people as
aforesaid, the Sr. Manager (Bldg) MZN, MTNL shall have the power to provide the amenities herein
before mentioned at the cost of the Contractor.
24 Deployment of Contractor’s workmen in MTNL:
The following system will be followed to regulate the entry of the contractor‟s workmen in MTNL‟s
building and complex.
a. Before the commencement of the contract work, the contractor will have to produce list of
workers along with two photographs, local & hometown addresses and age and the workers
while entering the building, have to sign on register kept with the security guard. This list
will be kept with the security in main gate and only such workers will be allowed entry
b. For this purpose such workers will be given temporary entry pass by MTNL and this pass
will be admissible only for entry in MZN Telephone Exchange complex and not for any
other premises
c. The contractor‟s workmen must have proper photo identity card issued by the contractor‟s
firm, a duplicate of which should be available with Senior Manager Building MZN
Telephone Exchange
d. The contractor shall produce a certificate regarding verification of the character and
antecedents of his workers
e. The contractor has to give a confirmation in writing indemnifying MTNL for any deed or
work of all his workers
f. The contractor‟s employees shall be provided with proper uniform, footwear and badges.
Colour/style of uniform to be got approved from MTNL before the commencement of the
contract.
g. The workers engaged by firm should maintain proper discipline and good behavior.
h. If any of the Contractor‟s foremen or employees, in the opinion of the Sr. Manager (Bldg)
MZN, MTNL be found guilty of any misconduct or be incompetent they will be substituted
by qualified and competent persons. Should any of the Contractor‟s men negligent in the
performance of their duties or that in the opinion of the Sr. Manager (Bldg) MZN, MTNL,
be undesirable for administrative or any other reasons, such person(s) so removed from the
work, shall not be employed again in connection with the work without the written
permission of the Sr. Manager (Bldg) MZN, MTNL, whose decision shall be final
i. Any damage to the installation(s)/building during the house keeping work period due to the
carelessness on the part of cleaning staff, shall the responsibility of firm & replaced
j. Any accident or damage during house keeping and gardening work will be the
responsibility of the contractor and the Department will not entertain any claim,
compensation penalty etc. on this account or on account of non-observance of any other
requirement of law relevant to his work.
k. The work shall be carried out by the Contractor in a manner complying in all respect with
the requirements of all the relevant bye-laws/orders of the Local/Municipal bodies and pay
all fees and charges which may be levied. Wherever local bye-laws required engagement of
licensed Electrical personnel or any other specialized persons, the Contractor shall engage
them at his own cost. The completion certificates, wherever applicable, to meet the statutory
obligations, shall be arranged by the Contractor
Page | 31
25.ARBITRATION/SETTLEMENT OF DISPUTES.
A) For Contract other than with Public Sector Undertakings.
Except as otherwise expressly provided in the contract, all or any questions, differences claims and
disputes relating to the meaning of specifications and instructions herein before mentioned and so to the
quality of workmanship or materials used on the work or as to any other question claim,. Right, breach,
matter or thing whatsoever in any way arising out of or relating to this contract/tender documents,
specifications, instructions, order conditions, meaning and operation or effect of the contract or breach
thereof or otherwise concerning the works or the execution or failure to execute the same whether arising
during the concerning the works or the execution or failure to execute the same whether arising during the
progress of work or after the completion or abandonment thereof shall be referred to the sole arbitration of
the person appointed by the concerned General Manager. It will be no objection to any such appointment
that the arbitrator so appointed is a Government/MTNL servant, that he had to deal with the matters to
which the contract relates and that in the course of his duties as Government/MTNL servant he has
expressed views on all or any of the matter in dispute, or difference. The arbitrator to whom the matter is
originally referred being transferred or vacating his office or being unable to act for any reason, at the time
of such transfer of vacation of the office or inability to act. The concerned General Manager as aforesaid
at the time of such transfer, vacation or inability to act, shall appoint another person to act as an arbitrator
in accordance with the terms of the contract. Such persons shall be entitled to proceed with the reference
from the stage at which it was left by his predecessor. It is also a term of this contract that no person other
than the person appointed by concerned GM as aforesaid should act as an arbitrator. The arbitrator shall
give reason for his award. Subject to as aforesaid the provisions of Arbitration and Conciliation Act, 1996
or any relevant statutory modification of the provisions of Arbitration and Conciliation Act, 1996 or any
relevant statutory modification of re-enactment thereof and the rules made there under and for the time
being in force shall apply to re-enactment thereof and the rules made there under and for the time being in
force shall apply to the arbitration proceedings under this clause. It is a term of the contract that the party
invoking arbitration shall specify the dispute or disputes to be referred to the arbitration under this clause
together with the amount or amounts claimed in respect of each such dispute. If the contractor does not
make any demand for arbitration in respect of any claim(s) in writing to concerned GM within 90 days or
receiving the intimation from the MTNL that the bill is ready for payment, the claim of the contractor(s)
will be deemed to have been waived off and absolutely barred and the MTNL shall be discharged and
released of liabilities under this contract in respect of this claim.
B) For Contract with Public Sector Undertakings.
In the event of any dispute or difference relating to the interpretation and application of the provisions of
the Contract, such dispute or differences shall be referred by either to the arbitration of one of the
Arbitrators in the Dept. of Public Enterprises to be nominated by the Secretary to the Government of India,
in charge of the Bureau of Public Enterprises. The Arbitration and Conciliation Act, 1996 shall not be
applicable to the arbitration under this clause. The award of Arbitrator shall be binding upon the parties to
the dispute, provided, however, as party aggrieved by such award may make a further reference for setting
aside or revision of the award to the Law Secretary, Dept. of Legal Affairs, Ministry of Law and Justice,
Government of India. Upon such reference, the dispute shall be decided by the Law Secretary or the
Special Secretary/Additional Secretary when so authorized by the Law Secretary, whose decision shall
bind the parties finally and conclusively. The parties in the dispute will share equally the cost of
arbitration as intimated by the Arbitrator.
Page | 32
26.SET OFF CLAUSE: Any sum of money due and payable to the supplier (including security deposit refundable to him) under
this contract may be appropriated by the purchaser or the MTNL or any other person or persons
contracting through the MTNL and set off the same against any claim of the purchaser or MTNL or such
other person or persons for payment of a sum of money arising out of this contract or under any other
contract made by the supplier with the purchaser or MTNL or such other person or persons contracting
through MTNL.
27. SUMMARY TERMINATION:
In the event of the contractors having been adjudged insolvent or going into liquidation or winding up up
their business by making arrangements with their creditors or failing to observe any provision of the
contract or any of the terms and conditions governing the contract, the Deputy General Manager, MTNL
shall be at liberty to terminate the contract forthwith without prejudice to any other rights and remedies
under the contract and to get the work done for the unexpired period of the contract at the risk and cost of
the contractors and to claim from the contractors any resultant loss sustained or costs incurred.
Similar action can be taken by the Deputy General Manager, MTNL in case of any breach of contract or
deficiency in service in supply of adequate manpower or negligence or poor workmanlike performance.
Page | 33
Special Conditions of Contract
1.METHODOLOGY The contractor will provide required qualified staff at the site, which should be adequate to perform routine
cleaning functions. Scheme for staff employed shall be got approved from the Sr. Manager (Bldg) MZN,
MTNL.
The cleaning work has to be carried on all days except Sundays, being weekly off day. However,
MTNL reserves the right to call on any Sunday for any specified job at its discretion..
2.WORKS TO BE CARRIED OUT
The Contractor shall provide, at his own cost, all materials, plants, tools, appliances, implements, ladders,
cordages, tackle, scaffolding and temporary works required for proper execution of the job/works.
3.MATERIALS
The Contractor shall at his own expenses, provide all materials required for the Work including Garbage
Trolleys to be kept as per BMC requirements shall be in conformity with the specifications laid down in
the Contract and as per samples approved by the Sr. Manager (Bldg) MZN, MTNL.
The Sr. Manager (Bldg) MZN, MTNL shall have full powers to direct removal of any of the materials
brought to the Site and which do not conform in character to the approved samples or specifications within
24 hours of such written orders and in case of default on the part of the Contractor, the Sr Manager (Bldg)
MZN, MTNL shall be at liberty to have them removed at the risk and cost of Contractor who shall have no
claims, whatsoever, on this account.
Materials required for the Work shall be stored by the Contractor only at places approved by the
Sr. Manager (Bldg) MZN, MTNL. Storage and safe custody of materials shall be responsibility of the
Contractor.
The Sr. Manager (Bldg) MZN, MTNL or his representative shall be entitled at any time to inspect and
examine any materials intended to be used in the Work.
4. Addition or Removal of Area/ Premises covered under this Tender
Details of the area covered for Housekeeping, cleaning work are given in Annexure-III B. MTNL may,
however, at its discretion, add or remove any area, to this, at any time. Similarly, MTNL can add or
subsequently remove any other MTNL premises in the scope of the work to be carried out. The contract
value, in such scenario, will be increased or decreased on proportionate basis. The decision of MTNL in
this regard will be final.
5.WATCH & WARD
The contractor shall be bound to follow the normal practices/procedures being followed by MTNL for
regulating the entry and exit of the staff/ workmen/ labour/ material/ Tools/ Particles etc. in the Telephone
Exchange buildings/MTNL offices.
6. CONTACT PARTICULARS
The contractor should have round the clock contact telephone number, Fax Number. In case of
emergency, the contractor or the authorized supervisor shall be available at site on short notice from
Page | 34
Sr. Manager (Bldg) MZN, MTNL and make all efforts to make the situation normal at the earliest.
7. INSTRUCTIONS, NOTICES AND INSPECTION.
All instructions, notices and communications etc. under the Contract shall be given in writing and if sent
by registered post to the last known place of abode or business of the Contractor shall be deemed to have
been served on the date when in the ordinary course of post these would have been delivered to him.
The Sr. Manager (Bldg) MZN, MTNL or his representative shall have powers at any time to inspect and
examine any part of the work
8. DELEGATION OF POWERS BY SENIOR MANAGER(BLDG) Mazgaon, MTNL.
The Sr. Manager (Bldg) MZN, MTNL may from time to time, in writing, nominate his representatives who
shall inspect and supervise the Work, examine and test materials to be used and its workmanship. The
Contractor or his representative shall receive instructions from the representatives of the Sr. Mgr. (Bldg)
MZN, MTNL as they are being given by the Sr. Manager (Bldg) MZN, MTNL.
Failure of the Representatives of the Sr. Manager (Bldg) MZN, MTNL to disapprove any work or
materials shall not prejudice the power of the Sr. Manager (Bldg)MZN, MTNL thereafter to
disapprove/reject such work or materials and to order the pulling down, removal or breaking up thereof
and to take actions under relevant conditions of contract.
If the Contractor shall be dissatisfied with any decision of the Representatives of the Sr.Manager (Bldg)
MZN, MTNL he shall be entitled to refer the matter to the Sr.Manager (Bldg) MZN, MTNL who shall
there upon confirm, reverse or vary such decision without any liability of the MTNL.
9. SITE DRAINAGE, NUISANCE ETC.
The Contractor shall not at any time do, cause or permit any nuisance on the Site/building/premises or do
anything, which shall cause unnecessary disturbance or inconvenience to occupants/users of buildings and
to the public generally.
10. REPORT ON JOB CARRIED OUT
The contractor shall submit monthly report on the work carried out in last month and attach the report
along with bill duly countersigned by Sr.Manager (Bldg) MZN, MTNL.
11.PENALTY CLAUSE:
a) Failure to keep the premises clean:
If the quality of House Keeping Service is not satisfactory, a penalty of Rs.2.00 per Sq. ft/day for
the affected area shall be imposed by MTNL.
b) Failure to attend the job: In case of failure to carry out the house keeping job the following penalty will be levied:
i) Up to 3 days: Rs.500 Per day or 5% of monthly contract value for each day, whichever is
more
ii) Beyond 3 days up to 7 days: Rs.750 per day or 10% of monthly contract value for each day,
whichever is more
Page | 35
iii) Beyond 7 days: Rs.1000 per day or 15% of monthly contract value for each day, whichever
is more
c) If the total penalty amount exceeds the contract value for that month, then it will be restricted to
that month‟s contract value.
d) NOTICE FOR PENALTY
i) The decision of the competent authority in deduction of Penalty of any amount due to
the MTNL, from the bills of the contractor is final and binding.
ii) Before deducting Penalty, notice to the contractor by giving reasonable time period to
the contractor for replying the notice should be served on the Contractor to observe rules
of natural justice.
Sr. Manager (Bldg) MZN.
Mazgaon Telephone Exch., 4th
floor,
MOTI SHAH LANE, Mumbai 400 010
Office Phone No.:2771000
FAX No.:
Mobile :
Page | 36
ANNEXURE- I
TECHNICAL BID FOR PARTICIPATING IN TENDER PROCESS FOR
HOUSEKEEPING OF MAZGAON TELE. EXCHANGE BLDG.
1 Name of the Firm / Company
Address:
Telephone no.
E –Mail
2 Date of Establishment / Commencement of Operations
3.a Composition of Tendering Firm: It should be specified whether the tenderer is proprietorship concern, HUF, registered partnership firm, Public/Private Limited Company.
3.b Name of Proprietor / Managing Partners / Directors: (1) (2) (3)
Name
Designation
Mobile No.
Telephone no.
E –Mail
4 Experience in Maintenance Service
Present Experience Name of the Organization
Contract Period From To
Contract Value / Annual billing,
Rs. p.a.
Signature with Seal / Stamp
Page | 37
5 Annual Turnover
of the Firm / Company (Copies of financial statements to be enclosed)
2011-12
2010-11
2009-10
6 Statutory Registration Numbers
PAN
Service Tax
EPF
ESI
7 Banking Particulars
Bank
Branch
Account type
Account Number
8 Cost of the Tender Form (Non refundable)
- Applicable only in case the Tender Form was downloaded from Internet- (Pay Order/ Demand Draft to be enclosed)
Tender Form Cost Rs.
Name of Issuing Bank
Branch Name
PO/DD Number
PO/DD Date
9 Earnest Money Deposit– Non- Interest Bearing. Pay Order / DD Details
(Pay Order/
Demand Draft to
be enclosed)
EMD Amount Rs. Name of Issuing Bank
Branch Name
PO/DD Number
PO/DD Date
Signature with Seal /
Stamp
Page | 38
10 List of other Documents to be
enclosed –Copies of
all the documents in
all pages duly
attested by the
authorized
signatories.
a) Banker‟s Cheque/Demand Draft of Cost of Tender Form. b) Banker‟s Cheque/Demand Draft of Earnest Money Deposit. c) Annual Financial Turn over Certificate duly attested by the auditors, for the last 3 years ending with 31-03-2012. d) Attested copy of Income Tax Returns for the last 3 financial
years.
e) Income Tax Permanent Account Number (PAN) f) Employees Provident Fund Code Registration Certificate with latest paid challan g) ESIC Registration Certificate with latest paid challan h) Service Tax Registration Certificate. i) Copy of current Valid Labour Law Licence j) Certificate issued under Shops & Establishment for k) Original Declaration on Non-Judicial Stamp Paper of Rs.100 ( Annexure-V) l) List of establishments/ organizations where House Keeping are provided for the past 3 years.(Documents to be attached) Name of the Organization
From Date To Date Value of the contract
Certificate:
I / We Certify that each & every aspect stated above is true to the best of my / our
knowledge, and we hold our selves responsible, for any misrepresentation.
Place: Authorized Signatory Date: Designation
Seal / Stamp
Note: In case more space is required for providing information against any column,
please use additional papers, and attach the same to the application, duly signed,
which form part of the Document .
Page | 39
ANNEXURE-II
Schedule of Requirements
Name of work:- House Keeping work of MAZGAON Tel. Exch. Bldg.
SCOPE OF WORK.
1. Materials for cleaning. The materials required for cleaning such as buckets,
phenyl, cleaning powders, Brooms, Stick brooms, acid, cleaning dusters,
naphthalene balls, sanitary cube odonil or equivalents, liquid soaps, toilet brushes
etc. will have to be provided by the tenderer. Materials used should be of good
quality. Naphthalene balls, odonil or equivalents, liquid soaps etc. should be
available in the toilet/wash basins all the time. No materials will be supplied by
the MTNL Mumbai.
2. Number of workers to be engaged daily on full time basis: 06 (SIX) Nos.
3. Senior Manager MZN or his authorized representative shall be shown proof of
satisfactory completion of the job every day.
4. The police verification for such contractor staff will have to be done before
employment in the campus. However MTNL at its discretion may allow the
contractor to employ not more than 30% of total staff, to deploy initially without
police verification. In such cases the police verification will have to be completed
within 30 days from the date of employment by the contractor. MTNL will have
the right to ask for police verification from the contractor any other point of time
also.
5. Any other work connected with cleaning and sweeping in the compound must be
carried out without extra cost under the direction of Engineer in-charge.
6. Details of house keeping work of building premises are given in Annexure – III-A
and III-B.
7. Tenderers should submit the claim of total amount per month with break-up on
the financial Bid as per Annexure-IV.
Tenderer‟s signature
Name and Address
Sr. Manager (Bldg) MZN
Mazgaon Telephone Exch.
Page | 40
ANNEXURE-III-A
(i) DAILY WORKS.
a. Sweeping, cleaning with essence phenyl water of floors, corridors, offices,
MDF/TR, PCM Rooms, CSC rooms, Security cabin, Sport Room etc. and
removing the cobwebs, dust etc. from the ceiling walls of the building premises.
b. Sweeping, cleaning/removing cob webs from ceiling and walls in sub-station,
Engine Alternator room, cable chambers, basements, battery rooms, floors are to
be wiped up with proper dusters.
c. Cleaning Gents and Ladies toilets with essence phenyl water daily including tiles,
walls, W.C, Wash Basin and removing cobwebs, dust from wall and ceiling,
doors etc. Removing chock up is also part of the toilet cleaning.
d. Sweeping of un-occupied compound.
e. Cleaning of water coolers & filters
f. Sweeping and cleaning with essence phenyl water of dormitories is a part of
dormitory cleaning.
g. Cleaning of dustbins
h. Buckets of all the Toilets, which are to be used, should be cleaned daily.
i. Disposal of garbage at specified location decided by the local authority.
j. Sweeping and cleaning work given by the Engineer in-charge of the building
k. Cleaning of partitions frame, Glasses all windows shutters, door shutter, etc. are
part of sweeping and cleaning works.
l. Fans and Tube lights are to be cleaned once in two months at no extra cost.
(ii) WEEKLY SCHEDULE OF WORK.
a. Cleaning of water coolers.
b. Removable woods/Ventilations in the open space.
(iii) HALF YEARLY SCHEDULE OF WORK.
a. Cleaning of Curtains : As per requirement
b. Cleaning of Glass Panes : As per requirement
Note: The cleaning work has to be carried on all days except Sundays, being weekly off
days. However, MTNL reserves the right to call on any Sunday for any specified job at
its discretion.
Tenderer‟s Signature. Sr.Manager (Bldg) MZN
Name & Address. …………
Page | 41
ANNEXURE-III-B
Sl.No Particular Area / Number Frequency of Sweeping/
Cleaning to be done
1 Open Area 23751 Sq. Ft. Daily once
2. Closed area – 65499 Sq. Ft. Daily Once
3. Total Nos. of Toilet. 13 Nos Daily Once
4. No. of water cooler. 06 Weekly
5. No. of Wash Basin 26 Daily Once
6. Total No. of Urinals 14 Daily Once
7. Total Area for Cleaning 89250 Sq. Ft.
Note: The cleaning work has to be carried on all days except Sundays, being weekly off
days
The tenderer can inspect the site where the job work is to be done on any working day
between 10.30.hrs. to 17hrs. till last date for submitting tender.
Tenderer‟s Signature:
Name and Address:
Page | 42
ANNEXURE – IV (Financial Bid)
SCHEDULE OF ITEMS FOR WHICH RATES ARE TO BE QUOTED.
From : To: Sr. Mgr (Bldg) MZN
Mazgaon Tele. Exch. Moti Shah Lane, Mumbai – 400 010.
Sub:- Tender for AMC OF House Keeping work of MAZGAON Telephone Exchange. Sir,
With reference to above tender notice this to certify that we agreed to carry out all the work in accordance to the terms & conditions as given in the tender notification & Annexure of the above said tender.
Sl.No Type of area
Approx. Area in Sq. Ft.
Basic Rate per Sq Ft / Month
Basic Rate as per the Column
Per Month (3 x 4 )
Per Annum ( 5 x 12)
1 2 3 4 5 6
1. Closed Area (Daily Cleaning)(Excluding Toilet Area)
65499 Sq. Ft.
Rs.
Rs. Rs.
2. Open Area (Daily Cleaning) (Excluding Terrace Area)
23751 Sq. Ft.
Rs.
Rs. Rs.
Basic Rate Total Rs. Rs. Rs.
Add Service Tax [email protected] % Rs.
Grand Total per annum Rs.
Grant total in words –Rs.
Date: Signature of Bidder Place Name & Rubber Stamp.
Page | 43
ANNEXURE – V
DECLARATION
(On Rs. 100/- Stamped Paper - duly notarized) I,_______________________________________________ Son/Daughter/Wife of Shri ___________________________________________________________ and Sole Proprietor/Partner/Director/Authorized Signatory/Power of Attorney holder of M/s _____________________________________________________ do hereby solemnly affirm and declare as under:- 1.That I am the Sole Proprietor/Partner/Director/Authorized Signatory/Power of Attorney holder of M/s ____________________________________________ which has never ever been debarred and / or black-listed by any MTNL and not having any on going litigation or court case pending or any other money suits also state that the bid is not submitted in the name of this firm while being Director or partner or proprietor or authorized signatory of such firm which is either debarred, black-listed or has entertained litigation or having on going litigation or court cases or money suits pending regarding the failure of contractual obligations. 2. That I state & declare that none of my near relatives or any of the partners or other directors are working in MTNL in general and in MM and construction wings in particular. 3. That in case the above declaration is found to be incorrect or wrong, the contract if awarded to the firm shall be terminated immediately and the firm shall be liable to black-listed / debarred for future works / contract with MTNL. Any such action shall however be without prejudice to MTNL’s rights under the law. 4. That the above declaration is given in accordance with the NIT conditions.
Signature of Prop. /Partner/Director/ Authorized Signatory
(Shri / Smt. ……………………………………………)
Note: 1. If the firm has been debarred and / or blacklisted by any Department. of Central Govt./State Govt./PSU/Public bodies / Municipalities in past and now the order has been revoked or period finished or court case is under process, then firm should furnish details of such cases. 2. The near relatives for this purpose are defined as per clause no. 6 of General (Commercial) Conditions of Contract 3. The authorized signatory is signing this Declaration on behalf of proprietor/directors/partners and will not relieve the proprietor/directors/partners from any /all the legal bindings as envisaged in NIT/Tender document.
Page | 44
ANNEXURE – VI
QUESTIONNAIRE [ Before submitting the tender, the tenderers must check the following condition, failing which tender is liable to be rejected. Please Write Yes or No]
From:- To:- Sr.Manager (Bldg) MZN Mazgaon Telephone Exch., Moti Shah Lane, Mumbai-400010. Tender No: Sr.Manager (Bldg) mzn / House Keeping /NIT/2013- 14 Dated:-03/04/13 . Sir, 1. Have you enclosed proof of payment of earnest money deposit? 2. Have you supplied information as required in the tender in the prescribed form? 3. Have you attached attested copies of PAN Card & I.T.Returns? 4. Have you attached Service Tax Registration Certificates? 5 Have you submitted proof of experience? 6. Have you submitted attested copy of E.P.F. & E.S.I. registration Certificates? :
7. Have you any relative or family member who is working in MTNL/BSNL/ Govt. of
India?
8...Have your any work order terminated & Your firm was black listed in MTNL due to
any reason any time?
9. Have you signed on every page with seal?
ADDRESS OF THE TENDERER
SIGNATURE OF THE TENDERER
RUBBER STAMP OF THE COMPANY/FIRM
TEL. NO.
FAX NO.
Page | 45
ANNEXURE-VII
PROFORMA AGREEMENT
(On non-judicial stamp paper of appropriate value)
CONTRACT AGREEMENT FOR THE WORK OF ……………………………….Dated
……… between…………… (for proprietary concern)
Shri…………………..s/o…………..r/o ………………..carrying on business under the
name and style of ………………..of ………….at……………..(hereinafter called the
said contractor which expression shall unless the context requires otherwise include his
heirs, executors, administrators and legal representatives). (For partnership concern) M/s.
……………..a partnership firm having its registered office at ………………. (here in
after called the said contractor which expression shall unless the context requires
otherwise include his heirs, executors, administrators and legal representatives.) The
partners of the firms are:-
i)
ii)
iii)
iv)
M/s……………………………, a company duly incorporated under the Indian
Companies Act 1956 and having its registered office at ……………in the state of
……….(hereinafter called the said contractor which expression unless the context
requires otherwise include its successors and assignees) of the one part and the
MAHANAGAR TELEPHONE NIGAM LIMITED hereinafter called the MTNL (which
term shall, unless excluded by or repugnant to the subject or context include its
successors and assignees) of the other part.
WHEREAS
A. The MTNL is desirous entering into -------- should be
executed as mentioned, enumerated or referred to in the
tender documents including Notice Inviting Tender,
General Conditions of the Contract, Specifications,
Schedule of Works, other documents, has called for
Tender.
B. The Contractor has inspected the site specified in the tender
documents and has satisfied himself by careful examination
before submitting his tender after Independent enquiries
and obtained complete information as to the matters and
things referred to or implied in the tender documents or
having any connection therewith, and has considered the
nature and extent of all probable and possible situations, to
the execution and completion of the work to be carried out
under the contract, and has examined and considered all
other matters, conditions and things and probable and
possible contingencies, and generally all matters incidental
thereto and ancillary thereof affecting the execution and
completion of the work and which might have influenced
him in making his tender.
Page | 46
C. The tender documents including the MTNL‟s Notice
Inviting Tender, General Conditions of Contract, Pricing
Schedule, General obligations, letter of acceptance of
tender with its enclosures, copies of which are hereto
annexed, form part of this contract though separately set
out herein and are included in the expression of Contract
wherever herein used.
AND WHEREAS
The MTNL accepted the tender of ………………………. and conveyed vide letter
No……….dated………. at the rates states in the pricing schedule for the work and
accepted by the MTNL (hereinafter called the schedule of rates upon the terms and
subject to the conditions of the contract).
NOW THIS AGREEMENT WITNESSETH & IT IS HEREBY AGREED AND
DECLARED AS FOLLOWS:-
1. In consideration of the payment to be made to the contractor for the work to be
executed by him, the contractor hereby covenants with the MTNL that the
contractor shall and will duly provide, execute, complete and maintain the said
work and shall do and perform all other acts and things in the contract mentioned
or described or which are to be implied there from or may be reasonably
necessary for the completion of the said works and at the said times and in the
manner and subject to the terms and conditions or stipulations mentioned in the
contract, AND,
2. In consideration of the due provision, execution, completion and comprehensive
maintenance of the said work, the MTNL does hereby agree with the contractor
that the MTNL will pay to the contractor the respective amounts for the work
actually done by him and approved by the MTNL at the accepted rates and such
other sum payable to the contractor under provision of this contract, such payment
to be made at such time in such manner as prescribed for in the contract.
It is specifically and distinctly understood and agreed between the MTNL and the
contractor that the contractor shall have no right, title or interest in the site made available
by the MTNL for execution of the works or in the building, structures or works executed
on the said site by the contractor or in the goods, articles, materials etc. brought on the
said site (unless the same specifically belongs to the contractor) and the contractor shall
not have or deemed to have any lien whatsoever charge for unpaid bills, will not be
entitled to assume or retain possession on control of the site or structures and the MTNL
shall have an absolute and unfettered right to take full possession of site and to remove
the contractor their servants, against and materials belonging to the contractor and lying
on the site.
It witness whereof the parties hereto have here into set their respective hands and seals in
the day and the year first above written.
Signed and delivered for and on Signed and delivered for and on
Behalf of MTNL behalf of the contractor.
Page | 47
(MAHANAGAR TELEPHONE NIGAM LTD) CONTRACTOR
DATE……………. DATED…………….
Place…………….. Place………………..
IN PRESENCE OF TWO WITNESSES.
Page | 48
ANNEXURE –VIII
PROFORMA FOR BANK GUARANTEE FOR SECURITY DEPOSIT.
THIS DEED OF GUARANTEE IS MADE ON ………………….DAY OF………..
between MAHANAGAR TELEPHONE NIGAM LTD, with its registered office at
Jeevan Bharti Building 1, Connaught Circus, New Delhi 110001 (hereinafter called and
assignees) of the one part and ……………… hereinafter called the Bank (which
expressing shall unless excluded by or repugnant to the context include its successors
and assignees on the other part).
WHEREAS MAHANAGAR TELEPHONE NIGAM LTD accepted the tender of
M/s……………… hereafter called the contractor to execute the work of MAHANAGAR
TELEPHONE NIGAM LTD as per letter conveyed vide MTNL letter
No………………………………………..dated ……………….. (here in after referred to
as the said contract) for the term of contract………………….. for the period of ONE
year, extendable by Four months at the discretion of MTNL.
AND WHEREAS the said contract provides that security deposit (10% of contract value)
in the form of irrevocable bank guarantee to be furnished by the contractor in the manner
acceptable to the Engineer in charge.
AND WHEREAS at the request of the contractor, the bank has agreed to execute these
presents.
NOW THE DEED WITNESSED AND IT IS HEREBY AGREED AND DECLARED
BY AND between the parties hereto as follows:-
1. a. That the bank hereby agrees and undertakes that if in the opinion of the
MTNL, any default is made by M/s………….…………….in performing
any of the terms and conditions of the agreement or if in the opinion of the
MTNL, the contractor commits any breach to the contract or there is any
demand by the MTNL against M/s. ……………………..of the said
security deposit in full or part thereof then on notice to the Bank by the
MTNL, the bank shall on demand and without demur and without
reference to M/s. ………………..…….immediately pay to the MTNL in
any manner in which they may directed the said amount of
Rs……………. (Rupees ………………..…………….only) or such
portion thereof as may be demanded by the MTNL not exceeding the sum
of the Bank guarantee. The liability to the Bank to pay is not dependent or
conditional on the MTNL‟s proceedings against the contractor and the
Bank shall be liable to pay the aforesaid amount as and when demanded
by them merely only claim being raised by the MTNL.
b. That on receipt of the demand for payment of the amount as aforesaid, it
will not be open to the bank to challenge the said demand on any ground
whatsoever including the formation of opinion about the default and/or
breach of the contract and/or liability to pay the said security deposit in
full of part thereof and such opinion of the MTNL shall be final and
binding on the Bank. The notice of demand shall be in the form enclosed
Page | 49
and when such notice is received, it shall be treated as notice, in
accordance with the terms of the Bank Guarantee.
c. That the Bank undertakes to pay the amount as may be demanded by the
MTNL as aforesaid within 2 (two) days of the receipt of the demand. In
case the payment is not made within 2 (two) days as aforesaid, the Bank
shall be liable to pay 24% interest per annum, for the delay in payment
and shall be without prejudice to MTNL‟s right for any other remedies
that may be permissible under the law to the MTNL.
2. That the MAHANAGAR TELEPHONE NIGAM LTD will have full liberty
without reference to Bank and without affecting this guarantee, postpone for
anytime or from time to time the exercise of and the powers and rights conferred
on the MTNL under the contract with the said M/s……………which under law
relating to the sureties would but for the provisions have the effect of releasing the
Bank.
3. That the right of MTNL to recover the said sum of Rs…………
(Rupees……………………………only) from the bank in manner aforesaid will
not be affected for suspended by reason of the fact that any dispute or disputes
have been raised by the said M/s……………………………….and/or whether
any disputes are pending before any officer, tribunal or court.
4. a. That the guarantee herein contained shall not be determines or affected by the
liquidation or winding up dissolution or change of constitution or insolvency of
the said M/s………………………………… but shall in all respects and for all
purposes be binding and operative until payment of all money due to MTNL in
respect of such liability or liabilities.
b. The Guarantee herein contained shall not be affected by any change in the
constitution of the contractor or MTNL or the Bank and shall be continuing
one.
5. a. The bank declares that it has power to issue this guarantee in favour of the
MTNL under its memorandum and articles of association and the undersigned has
full power to execute it under the power of attorney dated …………… granted to
him by the Bank.
b.That the Bank Guarantee can be invoked by the concerned Senior Manager
(Building) MZN/ Accounts Officer or any other officer authorized by MTNL in
this regard.
The invocation of the Bank Guarantee as mentioned above will be regarded and deemed
to be invocation of this Guarantee by the MTNL.
IT WITNESS WHEREOF THE parties have executed these presents the day and the year
therein above written.
Signed and delivered by Signed and delivered by
----------------------------- -----------------------------
The constituted attorney
Page | 50
FOR AND ON BEHALF OF MTNL For and on behalf of the Bank in the
PRESENCE OF
1………………………….. 1………………………….
2…………………………… 2…………………………
NB. The bank guarantee shall be from the State Bank of India or any scheduled bank of
India.
Page | 51
ANNEXURE-IX
LETTER OF AUTHORISATION FOR ATTENDING BID OPENING
To
The Sr.Manager (Bldg) MZN,
MAHANAGAR TELEPHONE NIGAM LIMITED,
………………
……………..
Subject: Authorisation for attending bid opening on
________________________________(date) 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 Signatures
I.
II.
Alternate
Representative
Signatures of bidder
Or
Officer authorized 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. Alternate
representative will be permitted when regular representatives are not able to
attend.
2. Permission for entry to the hall where bids are opened may be refused in case
authorization as prescribed above is not recovered.
Page | 52