security services 2010

8/3/2019 Security Services 2010

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Andaman & NicobarTelecom Circle

Tender

for

Security Services (through Exservicemen)in BSNL

Andaman & Nicobar Telecom Circle

Tender No: BSNL/A &N/Security/Tender/2009-10/3Due on 27-03-2010

Bid Document No. ..............

BSNL

Andaman & Nicobar Telecom CircleTelephone BhavanPort Blair 744101.Port Blair 744101.

(Visit us at www.Andaman-nicobar.bsnl.co.in)

Price of bid document: Rs. 500.

Page 1 of49Read, understood and complied.Signature of Director of Agency/Firm with date
http://www.andaman-nicobar.bsnl.co.in/http://www.andaman-nicobar.bsnl.co.in/


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Tender forSecurity Services (through Exservicemen) in BSNL Andaman &Nicobar Circle Section 1

Contents

Section 1..............................................................................................................................................3

Notice Inviting Tender..................................................................................................................3

Section 2..............................................................................................................................................6

Bidders Covering Letter..............................................................................................................6

Section 3..............................................................................................................................................7

Bidders Profile..............................................................................................................................7

Section 4..............................................................................................................................................9

Instruction to Bidders...................................................................................................................9

The BSNL shall evaluate based on the consolidated Rate per month ( Section 13 - Annexure 2Financial Bid - Schedule of Rates) quoted by the bidder in the bids previously determined to be

substantially responsive pursuant to clause 17.................................................................................15

Section 5............................................................................................................................................18

Terms & Conditions of the Contract.........................................................................................18

Section 6............................................................................................................................................25

Special Conditions of Contract...................................................................................................25

Section 7............................................................................................................................................33

Scope of Work and Jurisdiction of Contract............................................................................33Section 8............................................................................................................................................37

Agreement....................................................................................................................................37

Section 9............................................................................................................................................40

Bidder's Declaration....................................................................................................................40

Section 10..........................................................................................................................................42

Check List for Bidders................................................................................................................42

Section 11..........................................................................................................................................43

List of the Documents to be Submitted......................................................................................43Section 12..........................................................................................................................................44

Letter of Authorization for Attending Bid Opening................................................................44

Section 13..........................................................................................................................................45

Financial Bid - General...............................................................................................................45

Section 13 - Annexure 1....................................................................................................................46

Financial Bid Covering Letter.................................................................................................46

Section 13 - Annexure 2....................................................................................................................47

Financial Bid - Schedule of Rates...............................................................................................47



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Section 1

Notice Inviting Tender

Bharat Sanchar Nigam Limited

(A Government of India Enterprise)Office of the Chief General Manager, BSNL, Port Blair

Dated at Port Blair on 09 March 2010

NIT No: BSNL/A&N/Security/Tender/2009-10/3

Tender for Security Services (through Exservicemen) in BSNLAndaman & Nicobar

Telecom Circle

For and on behalf of Bharat Sanchar Nigam Limited, sealed tenders (sealedwith packing/ PVC tape/sealing wax) are invited, from the eligible DGR* approvedsecurity agencies for the following work:

1. Name of work: Security Services (through Ex-servicemen)in BSNL Andaman & Nicobar Telecom Circle

2. Area of contract & eligibility:

AreaPrincipalEmployer

Nomenclatureof Works

EligibilityClass

ofContractors

A&NTelecom

Circle

Asst. GeneralManager(Admn)

Security services (through ex-servicemen) under jurisdiction of

BSNL A&N Telecom Circle

DGR*-approvedsecurityagencies

* Directorate General of Resettlement, Govt. of India

3. Approximate value of works: Rs. 2003596/-(estimated cost i.e. EC) (Rupees Twenty lakhs three thousandfive hundred ninety-six only).

Estimated number of workers required to perform the contract job work put to tender is 15 (Fifteen ), which is subject to

change as per BSNLs job requirements.

4. Cost of bid document: Rs. 500. (Rupees five hundred only) Non-refundable

5 (a) Bid Security (EMD): Rs. 40072/-.(Rupees forty thousand seventytwo only).

(b) Performance Security: Rs. 100180/-.(Rupees one lakh one hundred eighty only).

6. Period of contract: One year from the date of agreement (until

otherwise specified) subject to extension asspecified in the bid document.



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7. Sale of bid document: Bid documents containing detailed description of work and

terms & conditions will be available from AGM (Admn.), O/o CGM, BSNL, A&N. Telecom

Circle, 1st Floor, Telephone Bhavan, Port Blair - 744101 during all working days between

1030 hrs. to 1700 hrs. upto 26-03-2010

Bid document can be purchased by paying cost of bid document (Rs. 500.)through crossed

Demand Draft or Pay Order from a nationalized/scheduled bank drawn in favour of Sr.Accounts officer (Cash), O/o CGM, A&N. Telecom Circle, Port Blair payable at Port

Blair

8. Time and last date of submission of bid: 1500 hrs.on 27-03-2010

9. Time and date of bid opening: 1530 hrs. on 27-03-2010(If a holiday is declared on the day of opening of the tender then the same will be opened on

next working day.)

10. Place of opening of bid: O/o AGM (Admn.), BSNL, A&N.Telecom Circle, 1st Floor, Telephone

Bhavan, Port Blair 744101.

11. Validity: 90 days from date of bidopening

12. Method of submission of bid: Tenders should be dropped at thetender box placed O/o CGM, BSNL,A&N. Telecom Circle, 1st Floor, (nearchamber of AGM(Admn.)),Telephone Bhavan, PortBlair 744101.

13. Bid document can also be downloaded from our website:

www.Andaman-nicobar.bsnl.co.in.

A crossed demand draft of Rs 500. drawn on anynationalized/scheduled bank in favour of Sr. A.O. (Cash ), BSNL, A &NTelecom Circle, Port Blair payable at Port Blair has to be submitted alongwith the tender form at the time of submitting the bid.

14. The bid, which is not accompanied by the requisite Bid Security (EMD) orthe bid document cost (in case of download from web-site), is liable to berejected. Tender will not be accepted/received after expiry of due date

and time.

15. The Chief General Manager, BSNL, A&N Telecom Circle, TelephoneBhavan, Port Blair, reserves the right to reject any or all bids withoutassigning any reason whatsoever.

Asst. General Manager (Admn.)O/o Chief General ManagerBSNL, A&N Telecom CircleTelephone Bhavan, Port Blair - 744101.

Fax no.: 03192 239600

http://www.andaman-nicobar.bsnl.co.in/http://www.andaman-nicobar.bsnl.co.in/


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Tel. no.: 03192 230024

Email: [email protected]

mailto:[email protected]:[email protected]


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Section 2

Bidders Covering Letter

ToThe Asst. General Manager (Admn.)

BSNL, A&N Telecom CircleTelephone Bhavan, Port Blair.

Dear Sir,

Ref: Tender no: BSNL/A&N/Security/Tender/2009-10/3

Having examined the conditions of contract and specifications, the receipt ofwhich is hereby duly acknowledged, we the undersigned, offer to execute thework shown in the scope of work and jurisdiction of contract as well asschedule of prices attached herewith and made part of this.

We undertake that, if our bid is accepted, we shall execute the work inaccordance with specifications, time limits and terms & conditions stipulated inthe tender documents. If our bid is accepted, we shall submit the securities asper the conditions mentioned in the contract.

We agree to abide by this bid for a period of 90 days from the date of bidopening and it shall remain binding upon us and may be accepted at any timebefore the expiry of that period.

Until a formal agreement is prepared and executed, this bid together with yourwritten acceptance thereof in your notification of award shall constitute a

binding contract between us.Bid submitted by us is properly prepared and sealed so as to prevent anysubsequent alteration or replacement.

Dated this . day of (the month and year)

Signature of Authorised Signatory

In capacity of

Duly authorized to sign the bid for and on behalf of.

In case document was downloaded from website, cost of bid document : Rs.

Crossed D.D./P.O. no. dated

Drawn on bank:

Information Regarding Issue of Tender Document: -

1. Name of the bidder:

2. Date of application for tender document

3. Date of receipt of application.

4. Date of issue of tender document.

Signature of issuing authority with Seal



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Section 3

Bidders Profile

Passport size

photograph of

the bidder /

authorisedsignatory

holding power

of attorney

1. Name of the bidder/firm:______________________

2. Name of proprietor/partners/directors:

3. Address of the registered office of the firm:..Landmark:

Tel nos. (with STD code) (office) . (Fax) (Res).

4. Address of local office in Andaman & Nicobar:

Landmark:Tel nos. (with STD code) (office) . (Fax) (Res)

.

5. DGR registration no.:

6. PAN no.:

7. Bankers name & bank a/c no. of the firm / agency

8. Service tax regn. no.:

9. EPF regn. no.:

10 ESI regn. no.:

11. Bidders experience certificate details:

Category: _________________________________

Number: _________________________________

Issuing organisation: _________________________________

Issued on: _________________________________

Valid up to: _________________________________

12. Name of the person submitting the tender whose photograph is affixed:Shri/smt.______________________________________(In case of proprietary/partnership firms, the tender has to be signed byproprietor/partner only.)

13. Valid email address for communication:



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Note: Addresses/phone numbers given above are subject to verification.



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Section 4

Instruction to Bidders

Eligibility of Bidders

This invitation for bidding is open to all DGR (Directorate General of Resettlement, Govt. of

India)-approved security agencies.

Bid Documents

The security contract works to be carried out, bidding procedures and contract terms are

prescribed in the bid documents. The bid documents include:

2.1 Qualifying Bid

2.1.1 Notice inviting tender 2.1.2 Bid form

2.1.3 Bidders profile

2.1.4 Instruction to bidders

2.1.5 General (commercial) conditions of the contract

2.1.6 Special conditions of contract

2.1.7 Scope of work and jurisdiction of the contract

2.1.8 Agreement (proforma)

2.1.9 Letter of authorization for attending bid opening

2.1.10 List of documents to be submitted along with the qualifying bid

2.2 Financial Bid

Schedule of Rates- for carrying out various contract security works.

The bidder is expected to examine all instructions, forms, terms and specifications in the bid

documents. Failure to furnish all information required as per the bid documents or

submission of bids not substantially responsive to the bid documents in every respect will be

at the bidder's risk and may result in rejection of the bid.

Queries on Bid Documents

A prospective bidder, requiring any clarification on the bid documents, shall notify BSNL

in writing or by fax at BSNLs mailing address indicated in the invitation for bids. BSNL

shall respond in writing to any request for clarification of the bid documents, which it

receives not later than 7 days prior to the date for the opening of the bids. Copies of the

query (without identifying the source) and the clarifications by BSNL shall be sent to all the

prospective bidders who have purchased the bid documents and all such clarifications

issued by BSNL will form part of the bid document.

Amendment of Bid Documents

4.1 At any time, prior to the date for submission of bids, BSNL may, for any reason



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whethersuo moto or in response to a clarification requested by a prospective bidder,

modify the bid documents by amendments.

4.2 The amendments shall be notified in writing or by fax to all prospective bidders on

the address intimated at the time of purchase of bid document from BSNL and these

amendments will be binding on them.

4.3 In order to afford prospective bidders reasonable time to take the amendments into

account in preparing their bids, BSNL may, at its discretion, extend the deadline for

the submission/opening of bids suitably.

Cost of Bidding

The bidder shall bear all costs associated with the preparation and submission of the bid.

BSNL, will in no case, be responsible or liable for these costs, regardless of the conduct or

outcome of the bidding process.

Documents Establishing Bidders Eligibility and Qualifications

The bidder shall furnish, as part of his bid documents supporting the bidders eligibility, the

following documents:

1.1. An undertaking to be given that in case of contract being awarded, a regular office of

the bidder/agency will be opened in A&N territory, preferably at Port Blair.

1.2. Registration certificate issued by DGR (Directorate General of Resettlement, Govt. of

India), as well as the appropriate registration authority (like Labour Office).1.3. Bidder should be registered with Income Tax and Service Tax departments, Employees

Provident Fund and Employees State Insurance (wherever applicable) organisations,

etc.

1.4. Own bank account details.

1.5. Bid security (EMD) in accordance with clause no. 7.

1.6. Tender document (s), in original, duly filled in and signed by bidder or his authorized

representative, along with seal on each page. If any correction is to be made, then the

entry should be clearly scored out by a single line and encircled and a fresh entry

should be made. All such corrections should be authenticated under full signature of the

bidder or his authorized representative.

1.7. Bid form, duly filled in, as per section 2.

1.8. Bidder's profile duly filled in, as per section 3of the tender document.

1.9. Original "Power of Attorney" in case person other than the bidder has signed the tender

documents.

Bid Security (EMD)

7.1 The bidder shall furnish, a bid security (EMD) for an amount of Rs. Rs. 40072/-.

Page 10 of49 Read, understood and complied.Signature of Director of Agency/Firm with date


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(Rupees forty thousand seventytwo only).

No interest shall be paid by BSNL on this amount for any period, whatsoever.

7.2 Bid Security (EMD) shall be paid in the form of crossed demand draft or pay order

from a nationalized/scheduled bank drawn in favour of Sr. Accounts Officer

(Cash), O/o CGM, A&N Telecom Circle, Port Blair payable at Port Blair.

7.3 A bid not secured in accordance with para 7.1 &. 7.3 is liable to be rejected by

BSNL as non-responsive.

7.4 The bid security of the unsuccessful bidder will be refunded as soon as possible but

not later than 90 days after the expiry of the period of bid validity prescribed by

BSNL.

7.5 The successful bidder's bid security (EMD) will be refunded after the Performance

Security deposit in accordance with clause 5.2 of Section 5 is received.

7.6 The bid security (EMD) may be forfeited under the following conditions:

7.6.1. If a bidder withdraws his bid during the period of bid validity specified in

the bid document, or

7.6.2 If the bidder makes any modifications in the terms and conditions of the tender

before acceptance of the tender, which are not acceptable to BSNL, or

7.6.3 In case of a successful bidder, if the bidder fails to sign the agreement in

accordance with clause 24.

Bid Prices

8.1 Prices shall be quoted by the bidder as amount (in Rs.) as well as percentage rate

(wherever relevant/applicable) in Financial Bid. In case of discrepancy, the

percentage figure shall prevail.

8.2 The rates quoted are inclusive of all statutory/taxation liabilities in force at the time

of submission of bid, except service tax. Service tax paid, if any, will be

reimbursed on actual on production of receipt.

8.3 The price quoted by the bidder shall ordinarily remain fixed during the entire periodof contract and shall be subject to variation to a limited extent only under the

conditions specified below. The bid should not be submitted with an adjustable price

quotation since it is already taken care of here.

Price variation shall be applied only in case there is a change in the following

parameters, caused by direct govt. action or legislation:

Parameter 1: minimum wages/allowances (as stipulated by the govt./DGR)

Parameter 2: rate of employers EPF contribution (as stipulated by the govt.)

Parameter 3: rate of employers ESI contribution (as stipulated by the govt.)

In that case, the respective items 1, 2, 3 only of Section 13 - Annexure 3 Financial Bid



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Rate Calculation shall be modified as a result of the above-mentioned change, and

the monthly amount recalculated accordingly. The base values of the parameters will

be the values prevailing on the due date of bid opening.

Documentary evidence has to be produced by the party seeking the revision. Revised

pricing shall be given effect to only from the date of effect of the new rates as declared by

the govt. This price revision shall not give any right to the other bidders (who were not the

lowest at the time of bid opening) to be reconsidered or their bids to be re-evaluated.

In this matter, the decision of the competent authority in BSNL (Head of Circle) shall be

final and binding.

8.4 Discount, if any, offered by the bidders shall not be considered unless they are

specifically indicated in the Financial Bid. Bidders desiring to offer discount shall

therefore modify their offers suitably while quoting and shall quote clearly net price

taking all such factors like discount, free supply, etc., into account.

Period of Validity of Bids

9.1 Bid shall remain valid for90 days from date of opening of the Qualifying Bid. A bid

valid for a shorter period is liable to be rejected by BSNL as non-responsive.

Signing of Bids

10.1 The bidder shall submit, as a part of his bid, the bid documents (in original) duly

signed on each and every page, establishing the conformity of his bid to the bid

documents of all the works to be executed by the bidder under the contract. No partof this document should be retained by the bidder.

Note: The bidder is advised to keep a photocopy (at his own cost) of the bid documents for

his own reference.

10.2 The bid shall contain no inter-lineation, erasures or overwriting except as necessary

to correct errors made by the bidder in which case such corrections shall be signed

with date by the person or persons signing the bid.

Method of Preparation of Bid

11.1 Bid for each tender should be submitted in three envelopes placed inside an outer

cover. These envelopes should contain the following:

Envelope Superscription Contents of Envelope

First

Bid Security

(EMD) + cost of

bid document

Containing bid security (EMD) as perclause 7, & cost of bid

document in case document was downloaded from website.

Second Qualifying Bid Containing documents asper clause 6 except bid security.



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Third Financial Bid Rates duly quoted by the bidder in the prescribed format

On all these envelopes the name of the firm and whether "Bid Security" OR "Qualifying

Bid" OR "Financial Bid must be clearly mentioned and should be properly sealed (with

sealing wax/packing PVC tape). These envelopes are to be placed inside an outer envelope

and properly sealed (with sealing wax/Packing/PVC tape). The tenders which are notsubmitted in above-mentioned manner are liable to be rejected.

11.2 All envelopes (three inner & one outer) must bear the following labelling:

Tender for Security Services (through Exservicemen) in Andaman & Nicobar

Telecom Circle

(Tender No. BSNL/A&N/Security/Tender/2009-10/3)"Not to be Opened Before (write tender opening date)"

ii) Tender must contain the reference to the tender inviting notice and is to be addressed

to Chief General Manager, BSNL, A&N Telecom Circle, Telephone Bhavan, Port

Blair - 744101.iii) The inner and outer envelopes shall indicate the name and address of the bidder to

enable the bid to be returned unopened in case it is declared LATE, at the bottom

left corner of the envelope.

11.3 The bidder will be bound by all terms, conditions & specifications as detailed in the

tender documents

11.4 Any tender with conditions other than those specified in the tender document is liable

to be rejected. No modification by the contractor in any of the conditions will be

permitted after the tender is opened.

Submission of Bids

12.1 Tenders should be dropped in person in the tender box placed in the office of Chief

General Manager, BSNL, A&N Telecom Circle, 1st Floor, Telephone Bhavan, Port

Blair - 744101 before the closing (date & time) of tender, as mentioned in NIT. The

Bidder is to ensure the delivery of the bids at the correct address. BSNL shall not be

held responsible fordelivery of bid to the wrong address or delay in delivery. The

slit of the tender box will be sealed immediately after the specified time for receipt

of tender. Any tender presented after the sealing of box will not be received byChief General Manager, BSNL, A&N Telecom Circle, Telephone Bhavan, Port

Blair - 744101 or by any of the subordinates or will not be allowed to be deposited

in the tender box.

12.2 Postponement of Tender Opening

If the date of opening of bids is declared as holiday, or cannot be opened for any

other reason, the bids will be opened on the next working date at the same time and

venue.

Late Bids



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13.1 Tenders will not be received after the specified time of closing of the tender and the

same liable to be rejected and returned unopened to the bidder. It is the sole

responsibility of the bidder to ensure timely submission of tender.

Modifications and Withdrawal of Bids

14.1 The bidder may modify or withdraw his bid after submission and before opening,

provided that the intimation is deposited by the bidder in a properly sealed envelope

(with wax/packing PVC tape) in the tender box, before the scheduled time & date of

closing of tender.

14.2 No bid shall be modified subsequent to the deadline for submission of bids.

Bid Opening and Evaluation

15.1 BSNL shall open the bids in the presence of bidders or his authorized

representatives who choose to attend, at the time and date specified on the date

specified for opening. The bidder's representative who are present, shall sign an

attendance register. The bidder shall submit authority letter to this effect before they

are allowed to participate in the bid opening (A proforma is given in Section 12).

15.2. A maximum of two (2) representatives for any bidder shall be authorized and

permitted to attend the bid opening.

15.3 The bids shall be opened in the following manner:15.3.1 The bid opening committee shall count the number of bids and assign serial

numbers to the bids. For example, if 10 tenders have been received the bids

shall be numbered as 1 of 10, 2 of 10, etc. All the members shall initial on

the outer envelopes of all the bids with date.

15.3.2 The envelopes containing the tender offer and not properly sealed, as

required under para 15.3.1 shall not be opened and shall be rejected outright.

Closing the cover just by gumming will not be treated as sealing. The reasons

for not opening such tender offers shall be recorded on the face of the

envelope and all the members of bid opening committee shall initial with

date.15.3.3 First the outer envelope containing the three envelopes be opened. The bid

opening committee shall initial on all three envelopes with date.

15.3.4 Among these three envelopes, the envelope marked BID SECURITY shall

be opened first and examined.

15.3.5 The bidders who have submitted proper bid (EMD) as per tender document,

their "Qualifying Bid" shall be opened and papers/documents submitted bythe bidder shall be examined and recorded by the TOC. After opening the

qualifying bid, all the documents contained therein shall be serially

numbered and signed by the bid opening committee members.

15.3.6 The bidders who have submitted all necessary documents for Qualifying



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bids, their Financial Bids will be opened.

15.4 The Financial Bid shall be opened in the following manner:

15.4.1 The envelope marked "Financial Bid," will be opened only for qualified

tenders in "Qualifying bid". Hence, the envelope containing the financial

bid may be opened subsequent to the opening of the qualifying bid.

15.4.2 After opening the "Financial Bid" the bidder's name, bid prices,

modifications, bid withdrawals and such other details as BSNL, at itsdiscretion, may consider appropriate; will be announced at the opening.

15.4.3 In case there is discrepancy in figures and words in the quote, the same shall

be announced in the bid opening,but the quote in words shall prevail.

Clarification of Bids by BSNLTo assist in examination, evaluation and comparison of bids, BSNL may, at its discretion

ask the bidder for clarifications in its bid. The request for its clarification and its responseshall be in writing. However, no post-bid clarification at the initiative of the bidder shall

be entertained.

Preliminary Evaluation

17.1 BSNL shall evaluate the bids to determine whether they are complete, whether any

computational error have been made, whether required sureties have been furnished,

whether the documents have been properly signed and whether the bids are

generally in order.

17.2 If there is discrepancy between words and figures, the amount in words shall prevail.

If the contractor does not accept the correction of the errors, his bid is liable to be

rejected.

17.3.1 Prior to the detailed evaluation, pursuant to clause 18, the BSNL will

determine the substantial responsiveness of each bid to the bid document. For

purpose of these clauses a substantially responsive bid is one which conforms to all

the terms and conditions of the bid documents without deviations.

Evaluation and Comparison of Substantially Responsive Bids

The BSNL shall evaluate based on the consolidated Rate per month ( Section 13 -

Annexure 2 Financial Bid - Schedule of Rates) quoted by the bidder in the bids

previously determined to be substantially responsive pursuant to clause 17.

Contacting BSNL

19.1 Subject to clause 16 no bidder shall try to influence BSNL on any matter relating to

its bid, from the time of bid opening till the time the contract is awarded.

19.2 Any effort by the bidder to modify his bid or influence BSNL during bid evaluation,



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bid comparison or the contract award decisions shall result in the rejection of the

bid.

Award of Contract

20.1 The BSNL shall consider award of contract only to those eligible bidders whose

offers have been found technically, commercially and financially acceptable.

20.2 Tender will be finalized based on the suitability of the agency with reference to the

prescribed criteria and competitiveness of the service charges quoted. Tenderers are

advised to quote service charges at competitive rates.

20.3 The work against the tender is for one year requirement and the terms and

conditions of this tender shall be operative for a period of one year from the date of

signing of agreement between the BSNL and the contractor.

BSNLs Right to Vary Quantum of Work

BSNL will have the right to increase or decrease by upto 25% the quantity/period of

goods and services specified in the scope of work, without any change in the unit price

or other terms and conditions

BSNLs Right to Accept Any Bid and to Reject Any or All Bids and Distribution

of Works to Multiple Bidders

22.1 BSNL reserves the right to accept or reject any bid and to annul the bidding processand reject all bids, at any time prior to award of contract without assigning any

reason what-so-ever and without thereby incurring any liability to the affected

bidder or bidders on the grounds for BSNL's action.

22.2 It becomes, sometimes necessary to sustain multiple bidders (contractors) for

distribution of works. The distribution policy will be determined by BSNL.

Isssue of Letter of Intent

23.1 The issue of letter of Intent shall constitute the intention of BSNL to enter in to the

contract with the bidder. Letter of intent will be issued as offer to the successful bidder.

23.2 The bidder shall within 15 days of issue of letter of intent, give his acceptance.

Signing of Agreement

The successful tenderer will be required to execute an agreement in a stamp paper of Rs.

100. The signing of agreement shall constitute the award of contract on the bidder. The

agreement with the successful bidder shall be signed by BSNL within a week of acceptanceof Letter of Intent as perclause 23.2 above.



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Annulment of Award

Failure of the successful bidder to comply with the requirement of clause 23 & 24 shall

constitute sufficient ground for the annulment of the award and forfeiture of the bid security

(EMD), in which event, BSNL may make the award to any other bidder at the discretion ofBSNL or call for new bids.

Minor Infirmity

BSNL may waive any minor infirmity or non-conformity or irregularity in a bid, which

does not constitute a material deviation, provided such waiver doesnt prejudice or effect

the relative ranking of any bidder.



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Section 5

Terms & Conditions of the Contract(General & Commercial)

1. Application

These general conditions shall apply in contracts made by BSNL for the execution of

carrying out various security contract works.

Standards

The works to be executed under the contract shall conform to the standards prescribed in

carrying out various security works specifications of this document.

Prices

Price once fixed will generally remain valid for the period of contract, except for limitedvariation only as specified in Section 4 Clause 8.

Subcontracts

The contractor shall not assign, sub-contract the whole or any part of the works covered by

the contract, under any circumstances, without the written consent of BSNL.

Security

5.1 Performance Security

The successful bidder/bidders will have to furnish security for 5% of the estimated

cost in the form of bank guarantee valid up to and including six months after the

period of contract from a nationalized/scheduled bank before agreement. If the work is

awarded to more than one contractor, the security amount as mentioned above will be

divided among the number of contractors, on prorate basis. The security deposit (SD)

is required to protect the BSNL against the risk of bidders conduct and will be

forfeited in part/whole, in case of:

a) Unsatisfactory service.

b) Theft or misappropriation of articles of the BSNL.

c) Damage caused to BSNL assets and damage/loss to store issued

d) Withdrawal of the successful bidder from the contract before its expiry

without giving proper notice as specified in the terms & conditions of this tender

document.

e) or all or some of the above.

The security will be released within a month from the date of payment of final bill on

production of no due certificate from the competent authority.



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Issue of Work Orders and Time Limit

6.1 The work orders shall be issued by the officer in-charge of works after examining

the technical and planning details of the works to be executed.

6.2 If due to any reason partial work order is to be issued then the same shall be issuedwith the approval of an officer not below the rank of Divisional Engineer.

6.3 The officer in charge shall mention the time limit to execute the work order after

seeing the quantum of work.

6.4 BSNL reserves the right to cancel or modify the scope of work stipulated to be

carried out against the work order in the event of change of plan necessitated on

account of technical reasons or in the opinion of work order issuing authority orthe

contractor is not executing the work at the required place.

6.5 The list containing the names, verified addresses, affixing a photograph along withtheir signature of each employees appointed by the Agency shall be made available

to BSNL authorities with their Bio-data before commencing the contract.

Extension of Time Limit

In as much as "the time being deemed to be the essence of contract", throughout the

stipulated period of contract, the work is to be proceeded with all due diligence on the part

of the contractor

Audit and Technical Examination

8.1 BSNL shall have the right to cause an audit and technical examination of the work and

the final bills of the contractor including all supporting vouchers, abstract etc. to be

made after payment of the final bill and if as a result of such audit and technical

examination any sum is found to have been overpaid in respect of any work done

by the contractor under the contract or any work claimed by him to have been done

by him under the contract and found not to have been executed, the contractor shall

be liable the refund the amount of over payment and it shall be lawful for BSNL to

recover the same from him, from running monthly bills or final bill, or in any other

manner legally permissible and if it is found that the contractor was paid less than

what was due to him under the contract in respect of any work executed by him

under it, the amount of such under payment shall be duly paid by BSNL to the

contractor.

8.2 Provided that BSNL shall be entitled to recover any sum overpaid, after assessment

by the officer concerned or his subordinate officer.

8.3 Any sum of money due and payable to the contractor (including security deposit

returnable to him) under this contract may be appropriated by the BSNL for therecovery of any sum of money due/outstanding to BSNL by the contractor.



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Payment Terms

Bills are to be prepared by the contractor and are to be submitted to officer in charge who has

awarded the work orders. After submission of the bills, these will be processed observing

formalities laid down by BSNL and finally these will be sent to respective accounts officers for

effecting payment.

At the time of claiming the monthly payment, the contractor must submit proof regarding

deposition of EPF (& ESI if applicable) contribution for the previous month, as well as a

declaration of having complied with all governmental regulations in respect of the manpower

employed for the aforesaid security contract.

The agency should make arrangements to disburse wages to the security guards through bank

account in the name of the security guards and evidence of such disbursement should be submitted

along with the bill for the following month. Photocopies of payment towards ESI & EPFO should

also be submitted along with the bill for the following month. The agency should also submitcopies of returns submitted to the ESIC/ EPFO for the relevant contribution periods duly

identifying the names of the security guards provided to ESIC.

Penalty Clause

Penalty as deem fit by BSNL authority, for non-completion of the work in time shall be

recoverable from the bills of the contractor/or by adjustment from security deposit.

If it is found that any property of BSNL is lost/ damaged due to the negligence or connivance

of the security guards the same shall be made good on the depreciated value of theproperty damaged/ lost from the security agencies bill.

In case of any loss/theft of Govt. property, the Security Committee will consider the

circumstances leading to the loss/theft and if the responsibility is fixed upon the

Agency by the Committee, the Agency will make good the loss within a specified

period or else deduction of the cost will be made from the following month's bill.

Responsibility for protection of BSNL assets/property will be of Agency. In the event of theft,

the amount towards the same shall be recovered from the Agency or encashment of the

performance bank guarantee.

For any breach of contract, the authority of BSNL A&N circle or duly constituted Security

Committee, shall be entitled to impose a penalty to the extent of Rs.l0,000. on the first

occasion upon the Agency in the event of breach, violation or contravention of any of

the terms and conditions contained herein brought to the notice of the Committee.

Failure to follow statutory provisions of PF, ESI, minimum wages and other laws related to

labour welfare will lead to termination of contract with immediate effect.

Penalties for any other lapses would also be levied at the discretion of BSNL, such as:

1.1.1. If the personnel are not found in proper uniform and displaying photo

identity card.

1.1.2. If the personnel found indulging in smoking/drinking/sleeping during duty

hours.



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1.1.3. If the personnel found performing double duty within 24 hours without prior

approval.

1.1.4. If any Guard/Supervisor found performing duty, submitting a fake name and

address.

1.1.5. If any personnel is found on duty other than those mentioned in the approved

list supplied by the agency to the BSNL authorities.1.1.6. Security Guards found sleeping while on duty.

1.1.7. Posting the same personnel continuously for 7 days a week without reliever.

1.1.8. Allowing materials to go out without security check.

1.1.9. Allowing people inside BSNL units without valid reason

1.1.10. Misbehavior of the security personal appointed by the agency while on duty

like quarrelling, arguing, abusing etc., among the security personal

employed by the agency and causing disturbance in the premises.

1.1.11. Refusing to carry out the functions instructed to be performed by BSNLofficials.

1.1.12. Intercepting the belonging of the occupants in their absence and pilfering or

stealing goods/properties from the office and immediate replacement of the

guard.

1.1.13. Misuse of telephone, allowing the phones to be used by outsiders.

1.1.14. Misbehaving with neighbours.

1.1.15. Lending BSNL assets/materials to outsiders without express permission of

BSNL officials

Penal deduction will be made for any other poor services on the basis of assessment by BSNLrepresentative.

The decision of BSNL in the implementation of above penalties will be final and

unquestionable.

1.2. The bidder will be bound by the details furnished by him/her to BSNL, while

submitting the bid or at subsequent stage. In case, any of such documents furnished by

him/her is found to be false at any stage, it would be deemed to be a breach of terms of

contract making him/her liable for legal action besides termination of contract.

Rescission/Termination of Contract

11.1 Circumstances for rescission of contract

Under the following conditions the competent authority may rescind the contract:

a) If the contractor commits breach of any item of terms and conditions of the

contract.

b) If the contractor suspends or abandons the execution of work and the officer

in-charge of the work comes to conclusion that work could not be completed

by due date for completion or the contractor had already failed to complete the

work by that date.

c) If the contractor had been given by the officer-in-charge of work a notice inwriting to any defective work and he/she fails to comply with the requirement



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within the specified period.

11.2 Upon rescission of the contract, the security deposit of the contractor shall be

liable to be forfeited and shall be absolutely at the disposal of BSNL as under

11.2.1 The un-executed work shall be got executed through other qualified bidders,

who participated in the bidding process, by giving them offers in their order

of ranking at L1 rates.

11.2.2 The certificate of the officer in-charge of work as to the value of work doneshall be final and conclusive against the contractor, provided always that

action shall only be taken after giving notice In writing to the contractor.

11.3 Termination for insolvency

11.3.1 BSNL may at any time terminate the Contract by giving written notice to the

contractor, without compensation to contractor, if the contractor becomes, bankrupt

or otherwise insolvent as declared by the competent court provided that such

termination will not prejudice or affect any right or action or remedy which has

accrued or will accrue thereafter to BSNL.

11.4 Optional Termination by BSNL (Other than due default of the contractor)

11.4.1 The BSNL may, at any time, at its option cancel and terminate this contract by

written notice of one month to the contractor, in which event the contractor shall be

entitled to payment for the work done up to the time of such cancellation and a

reasonable compensation in accordance with the contract prices for any additional

expenses already incurred for balance work exclusive of purchases and/or whole of

material, for use in or in respect of the work.

11.4.2 In the event of the termination of the contract, the contractor shall forthwith clear

the site of all the contractor's materials and hand over possession of the work

concerned to the BSNL or as the BSNL may direct.

11.4.3 The BSNL may, at its option, cancel or omit the execution of one or more items of

work under this contract and may part of such items without any compensation

whatsoever to the contractor.

11.5 Issuance of Notice

11.5.1 The officer in-charge of work shall issue show cause notice giving details of lapses,

violation of terms and conditions of the contract, wrongful delays or suspension of

work or slow progress to the contractor directing the contractor to take corrective

action. A definite time schedule for corrective action shall be mentioned in the show

cause notice. If the contractor fails to take corrective action within the stipulated

time frame, the officer in-charge shall submit a draft of final notice along with adetailed report to the competent authority who had accepted the contract.

11.5.2 The final notice for rescission of contract to the contractor shall expressly state the

precise date and time from which the rescission would become effective. The

following safe guards shall be taken while issuing the final notice.

During the period of service of notice and its effectiveness, the contractor should not

be allowed to remove from the site any material belonging to BSNL.

11.5.3 The contractor shall give in writing the materials he would like to take away/remove

from the site. Such of the materials as belong to him and which may not be required

for future execution of balance work may be allowed by the officer in-charge of

work to be removed with proper records.



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Force Majeure

12.1 If any time, during the continuance of this contract, the performance in whole or in

part by either party or any obligation under this contract shall be prevented or

delayed by reason of any war, or hostility, acts of the public enemy, civil commotion

sabotage, fires, floods, explosions, epidemics, quarantine restrictions, strikes,lockouts or act of God (Herein after referred to as events) provided notice of

happenings, of any such eventuality is given by either party to the other within 21

days from the date of occurrence thereof, neither party shall by reason of such event

be entitled to terminate this contract nor shall either party have any such claim for

damages against the other in respect of such non-performance and work under the

contract shall be resumed as soon as practicable after such event may come to an

end or cease to exist, and the decision of BSNL as to whether the work 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.

12.2 Provided also that if the contract is terminated under this clause, BSNL shall be at

liberty to take over from the contractor at a price to be fixed by BSNL, which shall

be final, all unused, undamaged and acceptable materials, bought out components

and stores in the course of execution of the contract, in possession of the contractor

at the time of such termination of such portions thereof as BSNL may deem fit

excepting such materials bought out components and stores as the contracts may

with the concurrence of BSNL elect to retain.

Arbitration

13.1 In the event of any question, or difference arising under this agreement or in

connection therewith except as to matter the decision of which is specifically

provided under this agreement, the same shall be referred to sole arbitration of the

Chief General Manager, A&N Telecom Circle, Port Blair or in case his designation

is changed or his office is abolished then In such case to the sole arbitration of the

officer for the time being entrusted whether in addition to the functions of the Chief

General Manager, A&N Telecom Circle, Port Blair or by whatever designation such

officers may be called (hereinafter referred to as the said officer) and if the Chief

General Manager, A&N Telecom Circle, Port Blair or the said officer is unable orunwilling to act as such to the sole arbitration or some other person appointed by the

Chief General Manager, A&N Telecom Circle, Port Blair or the said officer. The

agreement to appoint an arbitrator will be in accordance with the Arbitration and

Conciliation Act, 1996.

There will be no objection to any such appointment that the arbitrator is a

government servant or that he has to deal with the matter to which the agreement

relates or that in the course of his duties as government servant he has expressed

views on all or any of the matter under dispute. The award of the arbitrator shall be

final and binding on the parties. In the event of such arbitrator to whom the matter is

originally referred, being transferred or vacating his office or being unable to act forany reasons whatsoever such Chief General Manager or the said officer shall appoint



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another person to act as arbitrator in accordance with terms of the agreement and the

person so appointed shall be entitled to proceed from the stage at which it was left

out by his predecessors.

13.2 The arbitrator may from time to time with the consent of parties enlarge the time for

making and publishing the award, Subject to aforesaid Indian Arbitration and

Conciliation Act 1996 and the Rules made there under, any modification thereof forthe time being in force shall be deemed to apply to the arbitration proceeding under

this clause.

13.3 The venue of the arbitration proceeding shall be the office of the Chief General

Manager, A&N Telecom Circle, Port Blair or such other Places as the arbitrator may

decide. The Following procedure shall be followed:

13.3.1 In case parties are unable to reach a settlement by themselves, the dispute

should be submitted or arbitration in accordance with contract agreement

13.3.2 There should not be a joint submission with the contractor to the sole

Arbitrator.

13.3.3 Each party should submit its own claim severally and may oppose the claim

put forward by the other party

13.3.4 The onus of establishing his claims will be left to the contractor.

13.3.5 Once a claim has been included in the submission by the contractor, a

reiteration or modification thereof will be opposed.

13.3.6 The "points of defence" will be based on actual conditions of the contract.

13.3.7 Claims in the nature of ex-gratia payments shall not be entertained by the

Arbitrator as these are not contractual

13.3.8 The question whether these conditions are equitable shall not receive any

consideration in the preparation of "points of defence".

13.3.9 If the contractor includes such claims in his submission, the fact that they are

not contractual will be prominently placed before the Arbitrator

The award of the sole Arbitrator shall be final and binding on all the parties to the dispute

Set off

Any sum of money due and payable to the contractor (including security deposit refundable

to him) under this contract may be appropriated by BSNL or any other person or persons

contracting through the BSNL and set off the same against any claim of BSNL or such other

person or persons for payment of a sum of money arising out of this contract made by the

contractor with BSNL or such other person or persons contracting through BSNL.



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Section 6

Special Conditions of Contract

1. General

1.1 The work shall be accepted by BSNL authority, designated by BSNL, as per work

schedule shown in work orders.

1.2 BSNL reserves the right to disqualify such bidders who have a record ofnot meeting

contractual obligations against earlier contracts entered into with BSNL.

1.3 BSNL reserves the right to blacklist a bidder for a suitable period in case he fails to

honour his bid without sufficient grounds.

1.4 BSNL reserves the right to counter offer price(s) against price(s) quoted by any

bidder.

1.5 Any clarification issued by BSNL, in response to query raised by prospective

bidders shall form an integral part of bid documents and it may amount to

amendment of relevant clauses of the bid documents

1.6 Tender will be evaluated as a single package for all the works shown in NIT.

Financial bids of only those bidders who qualifies in the technical bid shall be

evaluated. This office reserves right to terminate the contract during entire period

also after giving a one months notice to the contracting agency.

1.7 All work to be executed under the contract shall be executed under the direction and

subject to the approval in all respects of by the officer In-charge of workwho shall

be entitled to direct at what point or points and what manner they are to be

commenced, and from the time to time carried on.

1.8 The work in each section may be split up between two or more contractors or accept

any tender in part and not entirely if considered expedient by CGM, BSNL, A&N

Telecom Circle.

1.9 The guards provided should be genuine ex-servicemen with good character, conduct

& behaviour, competent & qualified to perform the security duties for which they

are employed. An attested copy of the discharge certificate of each exserviceman

should be submitted before deploying him on this service contract.

1.10 They shall be not be beyond the age of 50 years. This office shall have the right to

ask the security agency to remove any person considered incompetent or found

unsuitable or far any other reason. Persons removed for the above reasons shall not

be deputed again to our premises without the consent of BSNL. The agency shall

furnish the names and addresses of the security guards posted in the premises of

BSNL and also when there is any change in security guards. The security agency /

Agency shall indemnify himself for any loss due to theft to the BSNL's property

which is directly attributed to the security agency because of a security lapse. The

decision of CGM, BSNL, A&N Telecom Circle in this regard shall be final.

1.11 Agency should maintain manpower utilisation register such as register, holiday



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register at all locations. The same should be produced for verification as and when

required.

1.12 All security guards should be rotated on continuous basis at different locations as

per the directive of BSNL.

1.13 All security guards being short listed by the Agency may be interviewed andapproved by BSNL officials before deployment. Immediate replacement to be

provided in case of any rejection.

1.14 Proper uniform should be given along with badge, belts, shoes, line-guard, etc to the

staff employed by the Agency at his cost. The staff will not be allowed inside the

BSNL premises without proper uniform

1.15 Proper fire drill should be carried out on monthly basis. Surprise fire drill should

also be undertaken by the agency to test the preparedness of the guards.

1.16 Agencies shall arrange replacement as necessary at his own expenses in case of

sickness, absenteeism, leave of his employees or absence of his personnel for any

reason whatsoever. On occasions when due to paucity of men it is not immediately

possible in provide suitable relief for an absentee/absentees, he shall see to it that no

post is left unmanned and that the remaining security personnel perform extra duties,

subject to prior approval from BSNL Administration Department.

1.17 In the event of an accident to the deployed staff while discharging their duties at

BSNL premises, BSNL will not at all be held responsible for the same. Agency will

therefore be solely liable for treating his staff/security guard medically. Payment of

compensation under the WC Act 1926 Compensation if any Agency should be fully

responsible for any type of workman compensation to its employees in the event ofany injury ,accident or death etc.

1.18 Agency should replace immediately such security personnel who do not perform

their duties effectively and those who commit acts of indiscipline.

1.19 For proper management of security guards there should be day & night roster system

to be followed for which proper register will be maintained by Agency.

1.20 In case there is an increase in the requirement of guards by BSNL, the same should

be provided by the Agency within three days from the date of requisition on similar

terms and conditions.

1.21 If at any stage, the performance of security guards is found unsatisfactory, BSNL

reserves the right to seek his replacement; additional manpower is to be provided by

the Agency within 24 hours.

1.22 The Agency shall be responsible to abide by legal and labour provisions prescribes

by Government of India which shall include income tax, insurance, accident, ESI,

PF, minimum wages, agency labour, R&A Act etc. The Agency shall ensure PF/ESI

contributions deposited every month for each employee and statement of

compliance should be submitted to BSNL in subsequent bill . Any change in the

minimum wages shall be paid extra as and when announced by the Govt.

Corresponding benefits shall also be computed accordingly. The same shall be paid

to the Agency only after providing proof of payment of the same by the Agency.



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1.23 The Agency should have proper telephone numbers / mobile phone enabling BSNL

to contact them at any time.

1.24 The Agency would be responsible for submitting medical reports of all his

employees at BSNL offices every six months from the Govt. Hospital to ensure that

only medically fit employees are on the job.

1.25 If at any time after the commencement of the work, BSNL may feel that execution

of whole or part of work, as specified in the tender is not required to be carried out,

then BSNL shall give notice in writing of the fact to the contractor who shall have

no claim to any payment of compensation whatsoever on account of any profit or

advantage which he might have derived in consequence of the full amount of the

work not having been carried out; neither shall he have any claim for compensation

by reason of any alterations having been made in the original specifications,

drawings, designs and instructions which shall involve any curtailment of the work

as originally contemplated.

1.26 Whenever any claims against the contractor for the payment of a sum of moneyarises out of or under the contract, BSNL shall be entitled to recover such sum by

appropriating in part or whole the security deposit of the contractor, and to sell any

Government promissory notes etc, forming the whole or part of such security or

running/final bill pending against any contract with BSNL. In the event of the

security being insufficient or if no security has been taken from the contractor, then

the balance or the total sum recoverable as the case may be, shall be deducted from

any sum then due or which at any time there after may become due to the contractor

under this or any other contract with Government. Should this sum be not sufficient

to cover the full amount recoverable the contract or shall pay to BSNL on demand

the balance remaining due.

1.27 No official in engineering or administrative duties in an engineering department or

any other department of the Government of India is allowed to work as a contractor

for a period as specified by government after his retirement from Government

service without the previous permission of BSNL. This contract is liable to be

cancelled if either the contractor or any of his employee is found at any time to be

such a person who hadn't obtained the permission of BSNL as aforesaid before

submission of the engagement in the contractors service as the case may be.

1.28 The near relatives of all BSNL employees either directly recruited or on deputation

are prohibited from participation in tenders and execution of works in the different

units of BSNL. The near relatives for this purpose are defined as:

a) Members of a Hindu Undivided Family,

b) They are husband and wife,

c) The one is related to the other in the manner as father, mother, son(s) & sons

wife (daughterinlaw), daughter(s) & daughters husband (soninlaw),

brother(s) & brothers wife, sister (s) & sisters husband (brotherinlaw).

1.29 The company or firm or any other person is not permitted to tender for works in

BSNL Unit in which his near relative(s) is (are) posted

1.30 The bidder should give a certificate that none of his / her such near relative isworking in BSNL, A & N Circle.



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1.31 Government of India / Financial Institution nominees and independent non-official

Directors appointed by Govt. of India or the Governor of the state are excluded from

the purview of submission of certificate in regard to employment of near relatives

working in the BSNL while submitting tenders by the limited companies.

1.32 Any breach of this conditions by the company or firm or any other person, the

tender / work will be cancelled and earnest money / security deposit will be forfeitedat any stage whenever it is noticed. The company or firm or any other person will

also be debarred for further participation in BSNL, A&N Circle tender works.

1.33 In the event of the contractor being, adjusted insolvent or going voluntarily into

liquidation of having received order or other order under insolvency act made

against him or in the case of company, of the passing of any resolution, or making of

any order for winding up whether voluntarily or otherwise, or in the event of the

contractor failing to comply with any of the conditions herein specified, the CGM,

A&N Telecom Circle shall have the power to terminate the contract without any

notice.

1.34 Without prejudice to any of the rights or remedies under this contract, if the

contractor dies, the CGM, A&N Telecom Circle can terminate the contract without

compensation to the contractor. However CGM, A&N Telecom Circle at his

discretion may permit contractor's heirs to perform the duties or engagements of the

contractor under the contract, in case of his death. In this regard the decision of

CGM, A&N Telecom Circle shall be final.

1.35 In the event of the contractor, winding up his company on account of transfer or

merger of his company with any other, the contractor shall make it one of the terms

and stipulations of the contract for the transfer of his properties and business, that

such other person or company, shall continue to perform the duties or engagement ofthe contractor under this contract and be subject to his liabilities there under.

1.36 Interpretation of the contract documents

The representative of CGM, A&N Telecom Circle and the contractor shall in so far

as possible by mutual consultation, try to decide upon the meaning and intent of the

contract document. In-case of disagreement the matter shall be referred to CGMT,

A&N Telecom Circle whose decision shall be final. Any change in the contract

documents shall be set forth in writing by the representative of the parties hereto. It

shall be the contractor's responsibility to thoroughly familiarize all of his

supervisory personnel with the contents of all the contract documents.

1.37 Notification

The contractor shall give in writing to the proper person or authority with a copy to

the officer in-charge such notification as may be mandatory or necessary in

connection with the commencement, suspension, resumption, performance and/or

completion of the contracted work. All notice shall be given sufficiently in advance

of the proposed operation to permit proper co-relation of activities and the contractor

shall keep all proper persons or authorities involved and advised of the progress of

operations through out the performance of the work and/or with such other

information and/or supporting figure and data as may from time to time as directedor required.



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1.38 Shut down on account of weather conditions

The contractor shall not be entitled to any compensation whatsoever by reason of

suspension of the whole or any part of the work made necessary by the Government

or deemed advisable on account of bad weather conditions or other Force majeure

conditions.

Quality of Work

BSNL shall be the final judge of the quality of the work and the satisfaction of BSNL in

respect thereof set forth in the contract documents.

Taxes and Duties

Contractor shall pay all rates, levies, fees royalties, taxes and duties payable or arising from

out of, by virtue of or in connection with and/or incidental to the contract or any of theobligations of the parties in terms of the contractor documents and/or in respect of the

works or operations or any part thereof to be performed by the contractor and the contractor

shall indemnify and keep indemnified BSNL from and against the same or any default by

the contractor in the payment thereof.

Protection of Life and Property and Existing Facilities

The current market value of any commodities lost as a result of any damage to the aforesaid

existing facilities shall be paid by the contractor together with such additional sums necessaryto liquidate the personal of property damages, resulting therefrom.

Workman Welfare Measures and Compensation

6.1 The agency should provide only ex-servicemen as security guards who should be paid

wages at the rates approved by the Directorate-General of Resettlement, Ministry of

Defence, Govt. of India. The bidder will be required to pay the workers at least the

minimum wages as prescribed under the Minimum Wages Act. The bidder shall

maintain proper record as required under the Law/Acts.6.2 The agency should provide the services of security guards round the clock including

holidays.The worker, if deputed for any official work outside, within A&N Telecom

Circle shall not be entitled to any other payment other than the actual bus fare incurred

for the purpose.

6.3 The bidder shall ensure that the manpower deployed in A&N Telecom Circle for

execution of the service contract conforms to the technical specifications of age and

language skills prescribed in Section 7 of this document.

1.1 The bidder shall furnish the following documents in respect of the individual

Attendants who will be deployed by the contractor in this A&N Telecom Circle before

the commencement of work



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6.3.1 List of workers short listed by agency for deployment by the contractor in A&N

Telecom Circle containing full details i.e. date of birth, marital status, address,

phone number, mobile number, etc;

1.2 In case, the person employed by the successful bidder commits any act of

omission/commission that amounts to misconduct /indiscipline /incompetence /security

risks, the successful bidder will be liable to take appropriate disciplinary action againstsuch persons, including their removal from site of work, if required by this office

within 2 days of being brought to their notice, failing which it would be assumed as

breach of contract which may lead to cancellation of contract.

1.3 The bidding company shall provide identity cards to the personnel deployed carrying

the photograph of the personnel and personal information as to name, date of birth, and

identification mark, etc., without carrying any reference (such as logo, etc.) to BSNL.

1.4 The contractor shall ensure that any details of office, operational process, technical

know-how, security arrangements, and administrative/organizational matters are not

divulged or disclosed to any person by its personnel deployed in this office.

1.5 The contractor shall ensure proper conduct of his personnel in office premises, and

enforce prohibition of consumption of alcoholic drinks, paan, smoking, loitering

without work.

1.6 In case, person deployed is absent on a particular day or comes late/leaves early on

three occasions, one-thirtieth (1/30) of the monthly charges shall be deducted. In case

of repetition of such instances, higher penalty will be applicable.

1.7 The selected contractor shall immediately provide a substitute in the event of any

person leaving the job due to his/her personal reasons. The delay by the contractor inproviding a substitute beyond two working days shall attract liquidated damages @ Rs.

200. per day (per such case), besides deduction in payment on pro-rata basis.

1.8 For all intents and purposes, the bidder shall be the Employer within the meaning of

different labour legislations in respect of workers so employed and deployed for

contractual services.

1.9 The bidder shall be solely responsible for the redressal of grievances/resolution of

disputes relating to person deployed. This office shall, in no way, be responsible for

settlement of such issues whatsoever. This office shall not be responsible for any

damages, losses, claims, financial or other injury to any person deployed by service

providing agency in the course of their performing the functions/duties, or for payment

towards any compensation.

1.10 It will be the responsibility of the contractor to meet other transportation, food, medical

and any other requirement of contractors manpower for carrying out the contract

works. A&N Telecom Circle will have no liability in these regard at any stage.

1.11 The man power deployed by the contractor shall not have any claims of Master and

Servant relationship vis--vis A&N Telecom Circle nor have any Principal and

Agent relationship with or against the A&N Telecom Circle.

1.12 The man power deployed by the contractor for the contract shall not be entitled for

claim, pay, perks and other facilities which may be admissible to casual, ad-hoc



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regular/confirmed employees of this office, during the currency or after expiry of the

contract. In case of termination of the contract also, the persons deployed by the

contractor shall not be entitled to any claim for absorption or relaxation for absorption

in the regular/otherwise capacity in the BSNL . The contractor should communicate the

above to all the manpower deployed in this office by the contractor.

1.13 Payment shall be made only to the contractor and on monthly basis as per actualservices. The contractor has to raise invoices in the first week of the next month for the

services rendered in the month.

Legal

7.1 The bidder will be responsible for compliance of all statutory provisions relating to

minimum wages, Provident Fund, Employees State Insurance, Workmens

Compensation Act, workers welfare, etc. in respect of the persons deployed by it in

A&N Telecom Circle.

7.2 Bidder shall also be liable for depositing all taxes, levies, Cess etc. on account of

service rendered by it to A&N Telecom Circle to concerned tax collection authorities

from time to time as per extant rules and regulations on the matter.

7.3 The bidder shall maintain all statutory registers under the applicable Law. The agency

shall produce the same, on demand, to the concerned authority of this office or any

other authority under Law.

7.4. The Tax Deduction at Source (TDS) shall be deducted as per the provisions of Income

Tax Department, as amended from time to time and a certificate to this effect shall be

provided to the agency by this office.

7.5. In case, the bidder fails to comply with any statutory/taxation liability under

appropriate law, and as a result thereof, this office is put to any loss/obligation,

monitory or otherwise, this office will be entitled to get itself reimbursed out of the

outstanding bills or the Performance Security deposit of the agency, to the extent of the

loss or obligation in monetary terms..

EPF and ESI

8.1 EPF: In addition to labour rules/regulations contractors should follow EPF rules

formulated by EPF commission.

8.2 ESI: In addition to labour rules/regulations contractors should follow ESI rules

formulated by ESI corporation (as and when applicable).

Compliance with Laws and Regulation

During the performance of the contract, the contractor shall at his own cost and initiative

fully comply with all applicable laws of the land and with any and all applicable bylaws,rules, regulations and orders and any other provisions having the force of law made or



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promulgated or deemed to be made or promulgated by the Government or BSNL, municipal

board, other regulatory or authorised body or persons and shall provide all certificates of

compliance there with as may be required by such applicable law. by-laws rules, regulations,

orders and/or provisions. The contractor shall assume full responsibility for the payment of

all contributions and pay roll taxes, as to its employees, servants or agents engaged in the

performance of the work specified in the contract documents. If the contractor shall require

any assignee or sub-contractor to share any portion of the work to be performed here undermay be assigned, sub-leased or sub-contracted to comply with the provisions of the clause

and in this connection the contractor agrees as to undertake to save and hold BSNL harmless

and indemnified from and against any/all penalties, actions, suits, losses and damages, claims

and demands and costs (inclusive between attorney and client) charges and expenses

whatsoever arising out or occasioned, indirectly or directly by failure of the contractor or any

assignee or sub-contractor to make full and proper compliance with the said by-laws, rules,

regulations, laws and order and provisions as aforesaid.

Non-compliance

In case of breach of any terms and conditions attached to this contract, the Performance

Security deposit of the agency will be liable to be forfeited by this office besides annulment

of the contract.



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Section 7

Scope of Work and Jurisdiction of Contract

1. Nature of Work to be done

The contractor is called upon to perform the following works in different telecom

installations in A&N Telecom Circle and the various units/offices of A&N Telecom Circle.

The nature of work shall include, but not limited to, the following activities.

1.1. The agency should provide the services of only genuine exservice men security guards.

1.2. The security guards should be of sound health and having education up to minimum 8th

standard. Their character and antecedents must be verified from the concerned Police

Station by the Security Agency and a proof thereof should be submitted before their

deployment.

1.3. The Agency will ensure that the security guards posted are sincere, honest, wellmannered and well trained. They should be able to communicate properly to various

employees of BSNL as and when required.

1.4. The personnel engaged ought to be polite but firm, disciplined, physically fit and alert,

smartly dressed in uniform.

1.5. To attend with compliments to distinguished visitors, VIPs and officers, and during

office functions.

1.6. Check, control and restrict entries to staff/workers/authorised personnel of

organisation/firm and others by valid passes or searching if required and movement of

vehicles and incoming/outgoing materials (with gate passes, challan) and time keeping.1.7. Maintain strict security of men, material and premises and maintain diary to note all

important events/happenings information received/passed to the management. Entirely

responsible for thefts of easily movable items such bathrooms fittings, fans, Exhaust

fans, telephone instruments, fire extinguishers, or fire fighting systems, etc.

1.8. Will stand by management during emergency like gherao, picketing, strike etc. and

security of BSNL staff from any assaults whatsoever.

1.9. Not to leave the place of duty under any circumstance until and unless properly

relieved. Sign accordingly in handing taking over register etc.

1.10. Prevention of misuse of electricity and water.1.11. Fire fighting: In case of fire, the Security Guard will immediately alert the BSNL staff

on duty and assist in fire fighting operation and also inform the BSNL unit incharge. In

case of fire accident before or after office hours, the guards shall inform the nearest

Fire Station as well as the BSNL unit incharge.

1.12. The security guard must watch that there is no unidentified/ unclaimed/ suspicious

objects/ persons in the building/premises.

1.13. Controlling the crowds and maintaining queues in all premises,

1.14. Protection of persons and property of the staff.

1.15. Evacuation of men and material in case of the fire or natural calamities.



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1.16. Prevention of unauthorized entry of personnel including all types of outside vendors in

the BSNL premises.

1.17. Prevention of unauthorized entry of vehicles and regulation the traffic within the BSNL

premises and ensure that no vehicles are allowed to be parked except at the designated

parking place.

1.18. The security guard shall ensure that all the electrical equipments/instruments/lights andfans should be switched off at the time of closure of the office, apart from closing of

water taps, windows etc in the evening.

1.19. The security guard should ensure that all the officers cabins, halls, rooms are locked at

the close of office and opened at the beginning of office hours and there is safe keeping

of the keys.

1.20. Opening of cabins, halls etc, in the morning when sweepers