t-295 godhra ssa hired vehicle - synise

Signature of Tenderer with Seal

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BHARAT SANCHAR NIGAM LIMITED

(A Govt. of India Enterprise)

BID DOCUMENT

FOR

HIRING OF VEHICLE FOR USE

IN GODHRA TELECOM DISTRICT

O/o Telecom District Manager. 3rd Floor,Telephone Exchange Bldg

GODHRA-389 001

PH.-02672-252555. Fax NO.2672- 243231

E-TENDER NO: MM-1/Tender-295 / Hir-Vehicle /GDH/17-18/2 DATED at

GODHRA the 31-07-2017

Visit us at: www.gujarat.bsnl.co.in or http://tender.bsnl.co.in


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TABLE OF CONTENTS :

SECTION NO TITLE PAGE NO

PART A Technical Bid Page No 1-35

I. Notice Inviting tender 03-06

II. Section II Bid Form 07

III. Section III Tenderer’s Profile 08

IV. Instruction to Bidders 09

V.

VI. General(Commercial) Terms & conditions of the contract 20-23

VII. Special conditions of the contract 24-25

VIII. Scope of Work 26-27

IX. Special Terms & Condition of Contract 28-29

X. Services to be provided 30

XI. Details of type of vehicles required 31

XII. Letter of Authorization for attending bid Opening 32

XIII. Bid Security (EMD) Form 33

XIV. Performance Security Bond Form 34-35

XV. TECHNICAL BID AND COMPLIANCE STATEMENT 36

XVI. CERTIFICATE IN RESPECT OF RELATIVES 37

XVII. Declaration regarding Black Listing of Firm 38

XVIII. Details regarding Vehicles Offered 39

XIX. Format for Agreement with appendix III 40 to 42

Undertaking 43-44

PART B Financial Bid Page No 45-46

XX. Financial Bid 45-46


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SECTION – 1 (Part A)

No: MM1/Tender-295 / Hir-Vehicle /GDH/17-18/2

DATED at GODHRA the 31-07-2017

Detailed Notice Inviting Tender

Tender (Digitally) is invited by Telecom District Manager, GODHRA, on behalf of

BHARAT SANCHAR NIGAM LIMITED for Hiring of Vehicle in GODHRA Telecom

District through E-tendering process from prospective bidders. Vehicle owners having

ownership of minimum 1(One) vehicle with Maxi/taxi passing not older than three years

from the date of issue of NIT and holding a valid certificate issued by competent authority

for satisfactory performance of the contract on hiring vehicles for at least one year for

providing commercial Diesel/CNG Vehicle such as TATA

Sumo/TRAX/BOLERO/MAX/MARSHAL/EECO Maruti/VAN & similar type vehicle.

Hired Vehicle is required for following station:

The Vehicle Detail of Tender & Tender form fee & EMD are as under:

Station

No. of

vehicle

required

Name of Unit Estimated

Cost

Vehicle

Type

Vehicle to

Run per

month/KM

Tender

Form Fee

(Non-

Refundable

Bid

Security

Halol 01 JTO(FTTH)

Halol

2,50,000 CNG 2000 KM 590/- 6250/-

Godhra 01 DE(CMTS),

Godhra

2,50,000/- CNG 2000 KM 590/- 6,250/-

Jhalod 01 SDE(G),

Jhalod

3,25,000/- Diesel 2000 KM 590/- 8125/-

Time and Date for on-line

sale of

Tender document

UP TO 13:00 Hrs. Dated 15-09-2017

Deposition of Tender form

Fee & EMD

Up to 13:00 Hrs. of 15-09-2017

Last Date for On Line

submission of Tender Bid

Up to 14:00 Hrs on dated 15-09-2017

Time of on line bid

opening

At 15.30 hrs. on 15-09-2017

Place of opening of

E- Tender at

O/o Divisional Engineer (A&P), Telecom District Manager

Godhra-389001

2. Purchase of Tender Document: Tender document can be obtained

by downloading it from the website “www.gujarat.bsnl.co.in” or

http://tender.bsnl.co.in. The official copy of tender document for

participating in E-tender shall be available for downloading from

https://eprocurement.synise.com/bsnl1/gujarat,


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2.1 The bidders downloading the tender document are required to

submit the tender fee amount through DD/ Banker’s Cheque along

with their tender bid. Failing which the tender bid shall be left

archived unopened/ rejected.

The DD/ banker’s cheque shall be drawn from any Nationalized/

Scheduled Bank in favour of AO (Cash),BSNL, Godhra and

payable at Godhra.

2.2 The tender documents shall be issued free of cost to MSE bidders on

production of requisite proof in respect of valid certification from

MSME for the tendered item.

3. Availability of Tender Document: The tender document shall be

available for downloading from 23-08-2017 10:00 Hrs onwards up

to 15-09-2017 13:00 Hrs. on all working days of this office.

3.1 BSNL Godhra has decided to use process of e-tendering process for

inviting this tender and thus the physical copy of the tender would

not be sold.

4. Eligibility Criteria: - The bidder should have

(A) At least One year experience certificate of satisfactory performance

in similar services preferably with Government / Public Sector or

reputed Private Ltd. Companies / Firms. Also allow the vehicle

owners who are supplying the vehicle (through some other agencies)

to BSNL if they submit the suitable certificate from BSNL Godhra

officers not below the rank of Divisional Engineer mentioning his

vehicle number and period.

(B) (i) Any one who owns minimum one number of commercial vehicle,

with Maxi/taxi passing for the model, not older than three years from

the date of issue of NIT is allowed to participate irrespective of

minimum quantity required.

(ii) Bidder should own or have on company lease commercial vehicles

with Maxi/taxi passing for the model, not older than three years

from the date of issue of NIT.

4.1 The bidders shall submit necessary documentary proof

showing that they meet the eligibility criteria along with their

tender bid. All documents submitted will also be self attested by

the bidder.


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5. Bid Security/EMD:

5.1 The bidder shall furnish the bid EMD in one of the following ways:-

(a) Demand Draft/ Banker’s cheque drawn in favour of AO

(Cash) BSNL Godhra and payable at Godhra

(b) Bank Guarantee from a Nationalized/scheduled bank drawn

in favour of AO (Cash) BSNL Godhra which should be valid

for 180 days from the tender opening date.

5.2 The MSME units shall be exempted from submission of Bid

Security deposit on production of requisite proof in respect of valid

certification from MSME for the tendered item.

6. Date & Time of Submission of Tender bids: As above in table.

Note 2: In case the date of submission (opening) of bid is declared to be

a holiday, the date of submission (opening) of bid will get

shifted automatically to next working day at the same

scheduled time. Any change in bid opening date due to any

other unavoidable reason will be intimated to all the bidders

separately.

7. Opening of Tender Bids: As above in table.

8. Place of opening of Tender bids:

8.1 In case of tenders invited through e-tendering process, the tenders

shall be opened through ‘Public Online Tender Opening Event

(POTOE)’. BSNL’s Tender Opening Officers as well as authorized

representatives of bidders can attend the Public Online Tender

Opening Event (TOE) from the comfort of their offices. Kindly

refer clause 8 of Section-4 of Tender document for further

instructions.

9. Tender bids received after due time & date will not be accepted by

the system.

10. Incomplete, ambiguous, Conditional, unsealed tender bids are liable

to be rejected.

11. TDM, Godhra reserves the right to accept or reject any or all tender

bids without assigning any reason.

12. The official copy of tender document for e-bidding process of E-

tender shall be available for downloading from

https://eprocurement.synise.com/bsnl1/gujarat, from 23-08-2017

10:00 Hrs onwards. This will, however, be same as available on

BSNL website.

12.1 The bidder shall furnish a declaration that no addition / deletion /

corrections have been made in the downloaded tender document

being submitted and it is identical to the tender document appearing

on E-tender Portal https://eprocurement.synise.com/bsnl1/gujarat,


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12.2 In case of any correction/ addition/ alteration/ omission in the tender

document, the tender bid shall be treated as non responsive and shall

be rejected summarily.

13. The bidder shall furnish a declaration in his tender bid that his firm

has not black listed by any SSA/ Circle of BSNL/ MTNL

Note 3: All documents submitted in the bid offer should be preferably in

English. In case the certificate viz. experience, registration etc. is

issued in any other language other than English/Gujarati, the

bidder shall attach an English/Gujarati translation of the same

duly attested by the bidder & the translator to be true copy in

addition to the relevant certificate.

Note 4: All computer generated documents should be duly signed/

attested by the bidder/ vendor organization.


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SECTION – II

BID FORM To, The Telecom District Manager BSNL, Godhra

Sir,

With reference to tender notice number MM-1/Tender -295/Hir-Vehicle/GDH/17-18/2 Dated

at GODHRA the 31-07-2017

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

1. Bid submitted by us is properly sealed and prepared so as to prevent any subsequent alteration and replacement.

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

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

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

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

6. EMD is deposited and original receipt is attached

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

8. Until a format Agreement is prepared and executed, this Bid together with your written acceptance thereof in your notification of award shall constitute a binding contract between us.

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

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

Signature of Party with rubber stamp & date

Full Name (In block letters) __________________

Capacity in which signed ___________________


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SECTION – III

TENDERER’S PROFILE

Passport size Photograph of the Tenderer / authorized Signatory holding Power of Attorney

1. Name of the tenderer/firm : ______________________________________

2. Name of the person submitting the tender : ____________________________________ (In case of proprietary/partnership firms, the tender has to be signed by Proprietor/Partner only, as the case may be)

3. Address of the firm : ______________________________________

4. Tel. No. (With STD code) : a) (O) ………………………………. b) (Fax) ………………………………. c) (Res) ………………………………. d) Mob No ……………………………..

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

6. Name of Proprietor/Partners/Directors: _______________________________________

7. Income tax PAN Number of the party/Firm : _______________________________________ Income Tax circle : ________________________ ((NB:- If not available, must be applied for and documentary proof regarding the application made should be furnished)

8. My Service Tax registration number (if available) : ________________________________

(NB:-If not available, must be provided with in three months from the date of Issue of FAT if it is required as per Service Tax Rules and an undertaking to the effect must be furnished)

9. My EPF registration number (if available) : _________________________________

(NB:-If not available, must be provided with in three months from the date of Issue of FAT if the owner/lesser himself is not the driver of the vehicle and an undertaking to the effect must be attached)

Place: Signature of tenderer / authorized signatory with rubber stamp Date: Name of the tenderer


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SECTION – IV

Instruction to the Bidder

1. Services to be provided: are given in Section V.

2. Eligible Bidder

(a) The bidder should have at least one vehicle in his own name and other vehicles on lease

contract of model not older than Jul-2014.

(b) The proof of ownership or lease holding should be produced as and when called for. The

successful bidder will produce document-getting vehicles, included in the bid, converted

as commercial vehicles from the competent transport authority within seven days after

finalization of tender/bid in his favour.

(c) The bidder shall also submit full details of the vehicles that can be assigned in their favour

(section – XVI) and the bidder shall give a clear declaration that the firm will be able to

supply vehicles dully converted or permitted as commercial vehicles in case bid goes in

his favour.

(d) The bidders holding a valid Experience certificate for satisfactory performance of similar

contract for a period of one year issued by any Govt. / State GOVT / Semi GOVT / PSU

/ Institution / Trust .

(e) The bidder shall have experience of minimum period of one year for similar type of

contract of supplying commercial Vehicle.

3. Cost of Bidding

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

BSNL in no case be responsible for these costs regardless of the conduct or outcome of

the bidding process

4. Bid Document

4.1 Bid documents includes

a. Notice Inviting Tender

b. Instructions to bidders

c. General conditions (Commercial) of the contract

d. Special conditions of contract if any

e. Schedule of requirement & hire charges

f. Services to be provided

g. Bid form and price schedule

h. Bid security form

i. Performance security bond form

j. Letter of authorization to attend bid opening

4.2 The bidder is requested to examine all instructions, forms, terms and conditions and

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

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.

4.3 A prospective bidder requiring any clarification on the Bid Document shall notify the

purchaser in writing. The purchaser shall respond in writing to any request for the

clarification of bid document so as to reach this office not later than one week prior to the

date of opening of tender


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5. Documents required to be submitted for establishing bidders Eligibility and qualifications.

I. Copy of documentary proof of ownership for minimum one vehicle (Registration

Certificate) along with MAXI/Taxi Passing certificate

OR

give under taking as per Annexure-II that the firm will be able to supply commercial

vehicles of model not older than Jul-2014, or the proof of ownership/Power of attorney

should be produced within a week from offer will be accept by BSNL. If bidder will

be failed to supply vehicles within a week from offer will be accept by BSNL, the

EMD (Bid Security) will be forfeited.

II. Partnership Deed or proof of proprietorship or articles/Memorandum of Association as the

case may be.

III. Original receipt or Original demand draft for payment of EMD should be enclosed.

( For each Vehicle as per NIT)

IV. All the copies of submitted documents should be duly attested by Class I Gazetted Officer

of central Government or an officer of the rank of DE and above in BSNL / MTNL or any

1st class magistrate. If required the original copies should be produced, when called for, for

verification. or at least self-attested.

V. Valid and authenticated Experience certificate for satisfactory performance of the contract

on hiring vehicle for at least one year issued by any Govt. / State GOVT / Semi GOVT / PSU

/ Institution / Trust .

VI. Declaration Regarding No Near Relative working in BSNL

VII. Declaration Regarding No Black List of Firm / Party

VIII. Copy of lease deed if the vehicle is taken on lease from other vehicle owner along with the copy of R C Book

IX. Undertaking regarding the offered vehicle (As per proforma given in Annexure –II), in case the vehicle is taken from other vehicle owner & planned to convert the said vehicle in his own name before agreement with the BSNL if his bid is accepted

X. For the Proprietorship firm - Copy of Registration of firm OR an affidavit to the effect that the bidder is the sole proprietor of the firm and also accountable to all tax liabilities of the said firm.

XI. For the Limited company - Copy of Memorandum of Article. XII. For the partnership firm - Authenticated copy of partnership deed & no objection certificate from

other partners

XIII. Bid Form duly filled in (Performa given in Section – II) XIV. Tenderer’s profile duly filled in (Performa given in Section – III) 6. Amendment to Bid Documents

I. At any time, prior to the date of submission of bid, BSNL may for any reason whether at

its own initiative or in response to a clarification required by a prospective bidder, modify

the bid documents by amendments.

II. The amendment shall be notified in writing to all prospective bidders and these

amendments will be binding on them.

7. Documents comprising the Bid: The bid prepared by the bidder shall comprise the

following components.

a. Details of vehicles offered.

b. Attested Xerox copy of RC book and or registered lease agreement in case offered vehicle

is taken on lease for all offered vehicles.

c. Original Tender document with signature of tenderer on each page

d. Section-XVI should be filled up with all required details.

e. Bid form and price schedule completed in accordance with clause 8 & 9 and submitted

as per clause 13.


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8. Bid form

The bidder shall complete the bid form and the appropriate price schedule furnished in

the bid document covering the services to be rendered quality and price schedule as per

section –II

9. Bid Price: -

I) The supplier shall quote as per price schedule mention in section-VII for all types of

vehicles & stations.

II) The price quoted by the bidder shall remain fixed during entire period of contract & shall

not be subject to variation of any account. A bid submitted with an adjustable price

quotation will be treated as not responsive and rejected.

III) “Discount” or extra charges if any mentioned by the bidders shall not be considered

unless these are specifically indicated in the price schedule.

10. Clause by clause compliance

A clause-by-clause compliance of service to be provided (Section V), and special

condition (Section IV) shall be given. In case of deviation a statement of deviation shall

be given.

11 EMD (Bid Security) Earnest Money Deposit amount as mentioned in NIT is to be deposited along with bid documents in the form of Demand Draft drawn on any of the Nationalized/Schedule Banks (payable at Godhra only) in favour of Accounts Officer (Cash), BSNL, O/o TDM Godhra

11.1 The Demand Draft of payment of EMD should invariably be attached with the bid. Bid without EMD payment will be rejected at the opening stage itself.

11.2 The EMD shall also be submitted in the form of Bank Guarantee from any nationalized

bank valid for 180 days from date tender opening.

11.3 The EMD of all the bidders including successful bidders will be discharged after issue

of FAT to successful bidder.

11.4 The EMD (bid security) may be forfeited

a) If bidder withdraws his bid during the period of bid validity specified by the bidder

in the bid form.

b) In case of a successful bidder, the bid security (EMD ) shall be forfeited if the bidder fails;

• To deposit the Security Deposit.

• To sign the agreement. c) The EMD (bid security) of unsuccessful bidder will be discharged / returned as early

as possible but not later than 30 days after the expiry of the period of bid validity.

d) A bid not secured in accordance with Para 11.1 above shall be rejected by the BSNL

has non - responsive at the bid opening stage & returned to the bidder.

e) If the bidder makes any modifications in the terms and conditions of the tender before acceptance of the tender, which are not acceptable to the BSNL. f) If a bidder fails to accept the tender offer, if his/ their tender is accepted. g) In both the above cases, the bidder will not be eligible to participate in the tender for same item for one /more years from the date of issue of APO/PAL. The bidder will not approach the court against the decision of BSNL in this regard. h) The Earnest Money Deposit of unsuccessful bidders will be refunded without any interest after finalization of the tenders and submission of Security Deposit by the successful bidders. 12 Format and signing of bid:

12.1 The bidder shall submit his bid, online (in case of e-tendering) & through

sealed envelopes physically (in case of tenders with manual bidding

process), complying all eligibility conditions, other terms and conditions of

tender document to be read along with the clarifications and amendments

issued in this respect. All the documents must be authenticated, using Digital


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Signature (DSC) with class 2 or above (in case of e-tendering) & by hand

signatures (for manual bidding process), by the authorized person. The letter

of authorization shall be indicated by written power-of-attorney

accompanying the bid.

Note:-The User may ask the bidder(s) to supply, besides original bid,

additional copy of bids as required by him. 12.2 The bid shall contain no interlineations, erasures or overwriting except as

necessary to correct errors made by the bidder in which case such corrections shall be signed by the person or persons signing the bid. All pages of the original bid, except for un-amended printed literatures, shall be digitally signed by the person or persons signing the bid.

13 Power of Attorney

(a)The power of Attorney should be submitted and executed on the non-judicial

stamp paper of appropriate value as prevailing in the concerned states(s) and the

same be attested by a Notary public or registered before Sub-registrar of the state(s)

concerned.

(b)The power of Attorney be executed by a person who has been authorized by the

Board of Directors of the bidder in this regard, on behalf of the Company/ institution/

Body corporate. Proof of company resolution duly certified by Company Secretary

OR Board of Directors is to be submitted for this.

© In case of the bidder being a firm, the said Power of Attorney should be executed

by all the partner(s) in favour of the said Attorney.

(d) Attestation of the specimen signatures of authorized signatory by the Company’s/

firm’s bankers shall be furnished. Name, designation, Phone number, mobile

number, email address and postal address of the authorized signatory shall be

provided.

(e) Individual signing the tenders or other documents connected with the contract

shall indicate the full name below the signature and must specify the capacity and

authority under which he signs such documents and shall also submit documentary

evidence of his authority in the form of Power of Attorney.

(f) The Power of Attorney is to be submitted in original, if it has been issued for the

specific tender enquiry. If the power of attorney is issued in general irrespective of

tender enquiry then photocopy duly certified by notary public can also be accepted.

(g) In case the representative of bidder company, who uploads the document on e-

tender portal using his Digital Signature Certificates (DSC), which is different from

the authorized signatory for the bid (Power of Attorney holder) then the

representative who uploads the documents on e-tender portal using DSC issued in

his name, shall also be one of the Power of Attorney holder by the bidder Company,

in addition to the authorized signatory for the bid

14 SUBMISSION OF BIDS:

14.1 Bids must be submitted by the bidders on or before the specified date & time

indicated in Section-1 i.e. DNIT

14.2 The BSNL may, at its discretion extend this deadline for the submission of

the bids by amending the bid documents in accordance with Clause 6 in

which case all rights and obligations of the BSNL and bidders previously

subject to the deadline will thereafter be subject to the deadline as extended.

14.3 Bid must be submitted by the bidder through E-Tendering mode only.

Manual submission of bid shall not be needed.


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15 OPENING OF BIDS BY BSNL:

15.1 The purchaser shall open bids online in the presence of bidders or their

authorized representatives who choose to attend, at time specified in Clause 7 of

Detailed NIT(Section-1) on due date. 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 (As per Format

given in section 7(c)).

15.2 A maximum of two representatives for any bidder shall be authorized and

permitted to attend the bid opening.

15.3(i) The bids will be opened in two stages i.e. Techno-commercial bid shall be

opened on the date of tender opening given in NIT. The financial bid will not

be opened on the date of opening of techno commercial bids.

The financial bids of those bidders who are approved to be techno commercially

compliant by the competent authority, will be opened by TOC in front of

technocommercially eligible bidders/ authorized representatives by sending

them a suitable notice.

(ii) The bidder’s names, Item name, EMD amount & validity and acceptability,

Information in respect of eligible bidders,Details of bid modification/

withdrawal (if any), and such other details as the purchaser, at its discretion, may

consider appropriate will be made available online at the time of techno-

commercial bid opening.

(iii) The bidder’s names, Name of the Items, Quantities/prices quoted in the bid,

discount, if offered, Taxes & levies and such other details as the purchaser, at

its discretion, may consider appropriate will be made available online at the time

of financial bid opening.

15.4 The date fixed for opening of bids, if subsequently declared as holiday by

the BSNL, the revised date of schedule will be notified. However, in absence of

such notification, the bids will be opened in the next working day, time and

venue remaining unaltered.

16 PRELIMINARY EVALUATION: -

a) BSNL shall evaluate the bids to determine whether they are complete,

whether any computational errors have been made, whether required

sureties have been furnished, whether the documents have been properly

signed and whether the bids are generally in order.

b) Prior to the detailed evaluation, the BSNL will determine the substantial

responsiveness of each bid to the bid document. A substantially responsive

bid is one, which conforms to all the terms and conditions of the bid

documents without deviations. The BSNL’s determination of bids

responsiveness is to be based on the contents of the bid itself without

recourse to extrinsic evidence.

c) A bid, determined as substantially non responsive, will be rejected and

shall not subsequent to the bid opening be made responsive by the bidder

by correction of the non-conformity.


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d) The BSNL may waive any minor infirmity or no-conformity or irregularity

in a bid, which does not constitute a material deviation, provide such

waiver does not prejudice or affect the relative ranking of the bidder.

e) If any of the documents, required to be submitted along with the technical

bid, is found wanting, the offer is liable to be rejected at that stage.

However the purchaser at it’s discretion may call for any clarification

regarding the document. The purchaser at it’s discretion may also ask

for the submission of any additional/missing documents (s) within a

stipulated time period. In such case (s) the bidder shall have to comply

the purchaser’s requirement within the specified time. In case of non-

compliance to such queries, the bid will be out rightly rejected without

entertaining further correspondence in this regard.

f) The BSNL reserves the right to disqualify such bidders who have a record

of not meeting contractual obligations against earlier contracts entered into

with the BSNL.

17 Award of Contract :

BSNL shall consider placement of letter of intent to those bidders whose offers have been

found technically, commercially and financially acceptable. The bidder shall within 02

weeks of issue letter of intent, give his acceptance along with performance security

(format given in Section XIII).

18 Right to vary quantities

BSNL reserves the right at time of award of contract to increase or decrease up to 50%

of the required quantity of services specified in the schedule of requirements without any

change in hiring charges of the offered quantity and other terms and conditions.

19 Signing of contract

19.3 Signing of Agreement shall constitute the award of hiring contract on the bidder.

19.4 Upon the successful bidder furnishing the Performance Security, the BSNL shall

discharge its EMD (bid security).

20 Annulment of Award

Failure of the successful bidder to comply with the requirement of clause 18 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 of BSNL or call for new bids.

21 Period of Validity of bids.

(I) The bid shall remain valid for 180 days after the date of opening of bids. A bid valid for

a shorter period shall be rejected by BSNL as non-responsive

(II) A bidder accepting the request of BSNL for an extension to the period of bid validity, in

exceptional circumstances, will not be permitted to modify his bid.

22 Procurement Policy: - In case of vehicles are required to be procured on hire basis from

more than one tenderer then Head of SSA will decide procurement policy.


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SECTION- 4 (Part-B)

E-tendering Instructions to Bidders

General

These Special Instructions (for e-Tendering) supplement 'Instruction to

Bidders', as enclosed in Sec 4 Part A of the tender Documents.

Submission of Bids only through online process is mandatory for this

tender.

E-Tendering is a new methodology for conducting Public Procurement in

a transparent and secured manner. Suppliers/ Vendors will be the biggest

beneficiaries of this new system of procurement For conducting

electronic tendering, BSNL Godhra is using the portal

https://eprocurement.synise.com/bsnl1/gujarat

1. Tender Bidding Methodology:

Sealed Bid System – Single Stage – Two Envelopes',

Followed by 'e-Reverse Auction' (if required by Business Unit /

Planning cell) after opening of the Financial bids. In case of two

envelope system Financial & Techno-commercial bids shall be

submitted by the bidder at the same time.

2. Broad outline of activities from Bidders prospective:

1. Procure a Digital Signing Certificate (DSC) Class 2 or above

2. Register on Electronic Tendering System® (ETS) on e-

procurement portal of Ahmedabad Telecom District.

3. Create Users and assign roles on ETS

4. View Notice Inviting Tender (NIT) on ETS

5. Download Official Copy of Tender Documents from ETS

6. Clarification to Tender Documents on ETS

• Query to BSNL (Optional)

• View response to queries posted by BSNL, as addenda.

7. Bid-Submission on ETS

8. Attend Public Online Tender Opening Event (TOE) on ETS

Opening of Technocommercial Part

9. View Post-TOE Clarification posted by BSNL on ETS

(Optional) Respond to BSNL's Post TOE queries

10. Attend Public Online Tender Opening Event (TOE) on ETS

Opening of FinancialPart (Only for Technical Responsive

Bidders)

11. Participate in e-Reverse Auction on ETS if applicable

For participating in this Tender online, the following

instructions need to be read carefully. These instructions are

supplemented with more detailed guidelines on the relevant

screens of the ETS.

3. Digital Certificates

For integrity of data and its authenticity/ non-repudiation of

electronic records, and be compliant with IT Act 2000, it is


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necessary for each user to have a Digital Certificate (DC). also

referred to as Digital Signature Certificate (DSC), of Class 2 or

above, issued by a Certifying Authority (CA) licensed by Controller

of Certifying Authorities (CCA) [refer http://www.cca.gov.in].

4. Registration

To use the Electronic Tender® portal

https://eprocurement.synise.com/bsnl1/gujarat Vendor needs to

register on the portal. Registration of each organization is to be done

by one of its senior persons who will be the main person

coordinating for the e-tendering activities. In ETS terminology, this

person will be referred to as the Super User (SU) of that

organization. For further details, please visit the website/portal,

https://eprocurement.synise.com/bsnl1/gujarat (on the Home Page),

and follow further instructions as given on the site.

Pay Annual Registration Fee as applicable.

Note: After successful submission of Registration details and Annual Registration Fee (as applicable). Please contact e-Procurement Technologies Ltd. Helpdesk (as given below), to get your registration accepted/activated.

M/s Synise Helpdesk Contact Details

Contact Person: Indrajeet, Ashok

Email : [email protected]

Telephone Nos: +91 020-30277517, 516, 522

Mobile nos.: 7774013248, 7774013247

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

To Saturday ]

BSNL Contact:

BSNL Contact - 1

BSNL's Contact Person Shri Jitendra Sharma

Telephone/ Mobile 02672-250933

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

E-mail ID [email protected]

BSNL Contact - 2

BSNL's Contact Person Shri. Anant R. Shah

Telephone/ Mobile 02672-252555

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

E-mail ID [email protected]

5. Bid related Information for this tender (Sealed Bid)

The entire bid-submission would be online on e-procurement portal of Gujarat Circle.


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Broad outline of submissions are as follows:

Submission of Bid Security/ Earnest Money Deposit (EMD)

Submission of digitally signed copy of TENDER Documents/ Addendum/addenda

Two Envelopes

• Techno-commercial -Part

• Financial-Part

Each of the above electronic envelopes consists of Main bid and Electronic form (both

mandatory) and bid Annexure (Optional).

NOTE: Bidder must ensure that after following above the status of bid submission must

become- “Complete”.

6. Offline Submissions:

The bidder is requested to submit the following documents offline to Divisional

Engineer (Admn/PLG), O/o TDM, Civil Lines Road, Godhra on or before the date &

time of submission of bids specified in covering letter of this tender document, in a

Sealed Envelope. The envelope shall bear (name of the work), the tender number and

the words 'DO NOT OPEN BEFORE' (due date & time).

1. EMD-Bid Security in Original.

2. DD/ Bankers cheque drawn in favour of AO(Cash), BSNL Godhra payable at Godhra against

payment of tender fee.

3. Power of attorney in accordance with clause 14.3 of Section 4 Part A

4. Latest and valid MSE / NSIC Certificate duly certified by MSME /NSIC if applicable

7. Special Note on Security of Bids

Security related functionality has been rigorously implemented in e-procurement portal

in a multidimensional manner. Starting with 'Acceptance of Registration by the Service

Provider', provision for security has been made at various stages in Electronic Tender's

software. Security related aspects as regard Bid Submission are outlined below:

As part of the Electronic Encrypter™ functionality, the contents of both the 'Electronic

Forms' and the 'Main-Bid' are securely encrypted using a Pass-Phrase created by the

Bidder himself. Unlike a 'password', a Pass-Phrase can be a multiword sentence with

spaces between words (e.g. I love this World). A Pass-Phrase is easier to remember, and

more difficult to break. It is recommended that a separate Pass-Phrase be created for

each Bid-Part. This method of bid-encryption does not have the security and data-

integrity related vulnerabilities which are inherent in etendering systems which use

Public-Key of the specified officer of a Buyer organization for bid-encryption. Bid-

encryption in ETS is such that the Bids cannot be decrypted before the Public Online

Tender Opening Event (TOE), even if there is connivance between the concerned tender

opening officers of the Buyer organization and the personnel of e-tendering service

provider.

Typically, 'Pass-Phrase' of the Bid-Part to be opened during a particular Public

Online Tender Opening Event (TOE) is furnished online by each bidder during the TOE

itself, when demanded by the concerned Tender Opening Officers who will open the

bid. Else Tender Opening Officer may authorize the bidder to open his bid himself.

There is an additional protection with SSL Encryption during transit from the clientend

computer of a Supplier organization to the e-tendering server/ portal.


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8. Public Online Tender Opening Event (TOE)

ETS offers a unique facility for 'Public Online Tender Opening

Event (TOE)'. Tender Opening Officers as well as authorized

representatives of bidders can attend the Public Online Tender

Opening Event (TOE) from the comfort of their offices. For this

purpose, representatives of bidders (i.e. Supplier organization)

dully authorized are requested to carry a Laptop and Wireless

Connectivity to Internet.

Every legal requirement for a transparent and secure 'Public

Online Tender Opening Event (TOE)' has been implemented on

ETS. As soon as a Bid is decrypted with the corresponding 'Pass-

Phrase' as submitted online by the bidder himself (during the

TOE itself), salient points of the Bids are simultaneously made

available for downloading by all participating bidders. The work

of taking notes during a manual 'Tender Opening Event' is

therefore replaced with this superior and convenient form of

'Public Online Tender Opening Event (TOE)'.

ETS has a unique facility of 'Online Comparison Chart' which is

dynamically updated as each online bid is opened. The format of

the chart is based on inputs provided by the Buyer for each

Tender. The information in the Comparison Chart is based on the

data submitted by the Bidders in electronic forms. A detailed

Technical and/ or Financial Comparison Chart enhances

Transparency. Detailed instructions are given on relevant screens.

ETS has a unique facility of a detailed report titled 'Minutes of

Online Tender Opening Event (TOE)' covering all important

activities of 'Online Tender Opening Event (TOE)'. This is

available to all participating bidders for 'Viewing/ Downloading'.

There are many more facilities and features on ETS. For a

particular Tender, the screens viewed by a Supplier will depend

upon the options selected by the concerned Buyer.

NOTE: In case of internet related problem at a bidder's end, especially

during 'critical events' such as - a short period before bid-

submission deadline, during online public tender opening event,

during e-auction, it is the bidder's responsibility to have backup

internet connections. In case there is a problem at the e-

procurement/ e-auction service- provider's end (in the server,

leased line, etc) due to which all the bidders face a problem during

critical events, and this is brought to the notice of BSNL by the

bidders in time, then BSNL will promptly re-schedule the affected

event(s).

9. Clause Deleted


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10. Other Instructions

For further instructions, the vendor should visit the home-page of

the portal https://eprocurement.synise.com/bsnl1/gujarat and go to

the User-Guidance Center

The help information provided through 'ETS User-Guidance

Center' is available in three categories - Users intending to Register

/ First-Time Users, Logged-in users of Buyer organizations, and

Logged-in users of Supplier organizations. Various links are

provided under each of the three categories.

Note: It is strongly recommended that all authorized users of

Supplier organizations should thoroughly peruse the information

provided under the relevant links, and take appropriate action. This

will prevent hiccups, and minimize teething problems during the

use of ETS.

The following 'FOUR KEY INSTRUCTIONS for BIDDERS' must

be assiduously adhered to:

1. Obtain individual Digital Signing Certificate (DSC or DC) well

in advance of your first tender submission deadline on ETS.

2. Register your organization on ETS well in advance of your first

tender submission deadline on ETS

3. Get your organization's concerned executives trained on ETS

well in advance of your first tender submission deadline on

ETS

4. Submit your bids well in advance of tender submission deadline on ETS as there could be last minute problems due to internet timeout, breakdown, etc. While the first three instructions mentioned above are especially relevant to firsttime users of ETS, the fourth instruction is relevant at all times.

11. Minimum Requirements at Bidders end

• Computer System with good configuration (Min P IV, 1 GB

RAM, Windows XP)

• Broadband connectivity.

• Microsoft Internet Explorer 6.0 or above • Digital

Certificate(s) for users.


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SECTION - V

General (Commercial) Terms & Conditions of Contract

1. Application

Submission of bid against this offer shall bind the bidder for the acceptance of all the

conditions specified herein or in NIT unless otherwise agreed by BSNL.

2. Security Deposit :

2.1 The successful bidder shall be required to submit the Security Deposit of an amount

equal to 10% of the total tender cost on approved rates within 2 weeks of conveying

BSNL’s intention for accepting the bid as Performance Security

2.2 Performance Security shall be submitted in the form of Cash or Bank Guarantee issued

by a schedule Bank valid for 18 months from the date of agreement. The Performa for

Bank Guarantee provided in section XIII of the bid document.

2.3 Performance Security will be discharged after successful completion of contractor’s

performance obligations under the contract. Performance Certificate from competent

authority is to be produced.

2.4 If the contractor fails or neglects any of his obligations under the contract it shall be lawful

for BSNL to forfeit either whole or any part of performance security furnished by the

bidder as compensation for any loss resulting from such failure.

3. Execution Time Limit

The time period as stipulated in the contract or letter of intent shall be deemed to be

essence of the contract.

4. Payment Terms

I. Monthly bill shall be submitted in duplicate to the authority specified in contract along

with duty slips duly signed by the user i.e. copy of log book along with the bill. For

claiming service tax contractor has to submit service tax registration number from service

tax authority.

II. Contractor will submit the certificate from controlling officer of vehicles in compliance

of Para 6 of Section VI special conditions of contract.

5. Termination of Contract

5.1 BSNL may without prejudice to any other remedy for breach of contract may terminate

the contract in whole or in parts

a) If the contractor fails to arrange the supply of any or all of the vehicles within the

period(s) specified in the contract or any extension thereof granted by BSNL.

b) If the contractor fails to perform any other obligation (s) under the contract.

5.2 BSNL may without prejudice, to other rights under law or the contract provided get the

hiring of vehicles done at the risk and cost of the contractor, in above circumstances.

6. Termination for insolvency

BSNL may also by giving written notice and without compensation to the contractor

terminate the contract if the contractor becomes unwilling, bankrupt or otherwise

insolvent without affecting its right of action or remedy as hirer.

7. 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 gods (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 by entitled to terminate this contract not shall either party

have any claim for damages against the other in respect of such performance or delay in


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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 BSNL 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.

8. Arbitration

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

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

under this agreement, the same shall be referred to sole arbitration of the C.G.M.T.

Gujarat Circle or in case, his designation is changed or his office is abolished then in such

case to the sole arbitration of the office for the time being entrusted whether in addition

to the functions of the C.G.M.T. Gujarat Circle or by whatever designation such officer

may be called the (hereinafter referred to as the said officer) and if the C.G.M.T. Gujarat

circle or said Officer is unable or unwilling to act as such to the sole arbitration or some

other person appointed by the C.G.M.T. Gujarat Circle 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

arbitration is Government servant or that he has to deal with the matter to which

agreement relates or that in the course of his duty as Government servant he has expressed

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

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

referred, being transferred or vacating his office or being unable to act for any reasons

whatsoever such C.G.M.T. Gujarat circle or the said officer shall appoint another person

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

shall be entitled to proceed from the stage at which it was left out by his predecessors.

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

making and publishing the award. Subject to aforesaid the Arbitration Act, 1996, and the

rules made there under any modification thereof for the time being in force shall be

deemed to apply to the arbitration proceeding under clause.

8.3 The venue of the arbitration proceeding shall be the office of C.G.M. Telecom, Gujarat

Circle at Ahmedabad or much other places as the arbitrator may decide.

9. 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 and set off the same

against any claim of BSNL for payment of a sum of money arising out of this contract or

under any other contract made by contractor with BSNL.

10. Competent authority has empowered to divert any vehicle to any officer-in-

charge for the interest of Service.

11. Forfeit of Security Deposit: i. Security deposit in any form shall be liable for appropriation/adjustment against any liquidated

damages for delayed or against carry forward loss to BSNL to which the contractor does not meet otherwise.

ii. If the contractor fails or neglects to perform any of his obligation under the contract, it shall be lawful for the BSNL to forfeit either whole or any part of the Security Deposit furnished by the contractor, which does not amount to imposing of penalty, after issuing “SHOW-CAUSE NOTICE” which will be dully examined for final decision by the competent authority and the decision conveyed to the contractor in writing.

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


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

v. In the event of security being insufficient or if the security has been forfeited, the balance of the total sum recoverable (as the case may be) shall be deducted from any sum then or at any time there-after becomes due to the contractors under this or any other contract with Godhra SSA should that sum also be not sufficient to cover the full amount recoverable, the contractor shall pay to Godhra SSA on demand the remaining balance due failing which the contractor will be black listed.

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

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

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

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

12. TDM Godhra has full discretion to award the entire or part of the work in any part of the city to one or more contractors at any time or to carry out departmentally or through any other agency.

13. TDM Godhra is not bound to accept the lowest tender and reserves the right to accept or reject any or all tenders without assigning any reasons what so ever.

Or

BSNL shall not be bound to accept the lowest or any tender and reserves to itself the right to accept or reject any bid or to accept whole or a portion of tender, as it may deem fit, without assigning any reason thereof and without incurring any liability to the affected bidder(s) for the action of BSNL

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

15. Queries on bid documents: a) A prospective bidder, requiring any clarification of the Bid Documents shall notify the BSNL in

writing or by FAX at the BSNL’s mailing address mentioned in the tender document. The BSNL shall respond in writing to any request for clarification of the Bid Documents, which if received 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 the BSNL shall be sent to all the prospective bidders who have purchased the bid documents.

b) 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.


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

motto or in response to a clarification request by a prospective bidder, modify the bid documents by amendments.

b) The amendments shall be notified in writing or by Fax or by Addendum through e-

tendering portal to all prospective bidders on the address intimated at the time of purchase

of bid document from the BSNL and these amendments will be binding on them. c) In case of tender document downloaded from the official web site, the tenderer should submit the

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

17. Cost of Bidding: The bidder shall bear all costs associated with the preparation and submission of the bid. The

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

18. Insurance The vehicle supplied should be covered under full insurance including driver and passengers. The Insurance cover protecting the agency against all claims applicable under the Workmen’s Compensation Act, 1948 shall be taken by the Service Provider. The Service Provider shall arrange necessary insurance cover for any persons deployed by him even for short duration. BSNL shall not entertain any claim arising out of mishap, if any that may take place. In the event of any liability/claim falling on BSNL, the same shall be reimbursed /indemnified by the Service Provider


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SECTION - VI

Special conditions of contract

1. The special conditions of contract shall supplement the Instruction to the Bidders as

contained in section IV and General (Commercial) Terms & conditions of the contract as

contained in section V and wherever there is a conflict, the provisions herein shall prevail

over those in section IV and section V.

2. In case the date fixed for the Government of India subsequently declares opening of bids

as holiday, the revised schedule will be notified. However, in absence of such

notification, the bids will be opened on next working day, time and venue remaining

unaltered.

3. BSNL reserves the right to disqualify such bidders who have a record of not meeting

contractual obligations against earlier contract entered into with BSNL.

4. BSNL reserves the right to blacklist a bidder for a suitable period in case he fails to honour

his bid without sufficient ground.

5. The liability under relevant sections of Motor Vehicle Act 1968 and IPC causing death

or permanent liability developed in the vehicle supplied by the contractor, the hiring

authority has no responsibility of whatsoever and will not entertain any claim in this

regard under the provision of the law.

6. The engagement and employment of drivers and payment of wages to them and payment

of EPF contribution to concerned authority & submission of proof thereof to this office

as per existing provisions of various labour laws and regulations is the sole responsibility

of the contractor and any breach of such laws or regulations shall be deemed to be breach

of this contract.

7. No sub-contracting is permissible by BSNL. The near relatives of all BSNL employees

{Non-executive employees working in any unit & executive employees (also called

group A & Group B officers working in any unit)} either directly recruited or on

deputation are prohibited from participation in this tender. The near relatives for this

purpose are defined as:

a) Member of Hindu Undivided family

b) They are husband and wife

c) The one is related to the other in the manner as father, mother son (s), son’s wife (daughter

in law), daughter (s) & Daughter’s husband (sun in law), brother (s) & brother’s wife,

sister (s), & Sister’s husband (brother in law)

(d) As per Government of India’s CCS Conduct rule, no Government servant shall in the discharge of his official duties deal with any matter or sanction any contract to any company or for any other person if any member of his family is employed in that company or firm or under that person or if he or Any member of his family is interested in such matter or contract in any other manner and the Govt. Servant shall refer every such matter or contract to his official superior.

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


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8. The tenderer (s) should give a certificate to the effect that none of his/her such relative is

working in the units of BSNL as defined above. In case of proprietorship firm the

certificate will be given by the proprietor, for partnership all directors of the company

will give by all the partners and in case of Limited Company firm certificate. Any breach

of these conditions by the company or firm or any other person, the tender/work will be

cancelled and earnest money/security deposit will be forfeited at any stage whenever it is

noticed. The BSNL will not pay any damages to the company or firms or concerned

person. The company or firm or the person will also be debarred for further participation

in the concerned unit. The format of the certificate to be given in separate proforma

attached as Section -XV of tender form.

9. The hired vehicles should be utilized fully and shortage in utilizing the contractual Kms

in any particulars month should be suitably adjusted over a period of subsequent three

months

10. The log books as applicable to regular departmental vehicles should be maintained in

case of hired vehicle. The next higher authority should certify the monthly summary in

the logbook before effecting payment.

11. The contractor shall assign the job of driving of hired vehicles only to qualified

experienced licensed drivers and also assume full responsibility for the safety and security

of the officers/officials as well as essential store items while running the vehicle by

ensuring safe driving. BSNL shall have no direct or indirect liability arising out of such

negligent, rash and impetuous driving which is an offence under section 29 of IPC and

any loss caused to BSNL have to be suitably compensated by contractor.

12. The contractor shall when called upon to do so, place at the disposal of BSNL such

number of vehicles as may be required although the number of vehicles so demanded

may be more than the number of vehicles he is required to supply for the purpose of

execution of the contract at same rate and terms and conditions. The number of such

vehicles to be supplied extra will not be more than 50% of original schedule or

requirement in the NIT.

13. In no case a vehicle which is not registered for the commercial purpose shall be supplied

to BSNL and taxes etc. due on such vehicles shall be liability of the contractor

14. The contractor shall sent the vehicle for periodical servicing at the cost of the contractor,

BSNL will not pay any mileage run for such servicing nor any deduction be made for the

duration involved in such servicing. The cost of lubricants, repairs, maintenance, taxes

insurance, etc. will be to the contractor’s liability.

15. The contractor may do regular checking of meter by the designated transport authority,

and requisite certificate may be shown to BSNL as and when demanded.

16. The contractor shall replace the vehicle of same type and model if any vehicle is required

to withdraw for servicing or due to failure for more than week with prior approval of

competent authority.


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SECTION – VII

SCOPE OF WORK 1. Service to be provided :-

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

2. Quantity of Vehicles :- The quantity of vehicles mentioned in the tender is tentative and it may be increase or decrease up to 25% as per actual requirement at the sole discretion of TDM, Godhra. However it should be clearly noted that B.S.N.L. shall place the order for any stations in Godhra SSA as per the actual requirement and can change from time to time.

3. Type of vehicles :-

a) CNG Vehicle- Maruti EECO/VAN b) Diesel Vehicles - Tata SUMO / TRAX /Bolero / Max / Marshal

c) The Vehicle which are not older than THREE years from the date of issue of NIT

d) MAXI/TAXI Passing Certificate is mandatory Should be attach with tender

document

OR give under taking as per Annexure-13 that the firm will be able to supply commercial

vehicles of model not older than Jul-2014 year, or the proof of ownership/Power of

attorney should be produced within a week from offer will be accept by BSNL. If

bidder will be failed to supply vehicles within a week from offer will be accept by

BSNL, the EMD (Bid Security) will be forfeited.

e) Fuel used by the Hired vehicles may be of CNG/Diesel with proper entry in the concerned RC

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

BSNL g) The bidders holding a valid Experience certificate for satisfactory performance of similar

contract for a period of one year issued by any Govt. / State GOVT / Semi GOVT / PSU

/ Institution / Trust . h) The bidder shall have experience of minimum period of one year for similar type of

contract of supplying commercial Vehicle. 4. Duty Hours :-

Duty Hours of vehicles are normally for ten hours per day on all days of month (including weekly off & holidays). The duty hours shall start from reporting time however actual duty hours shall be specified by actual users of the vehicle.

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

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


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

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

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

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

verifying their antecedent thro’ Local Govt. authority.

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

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

12. Parking and Toll charges, if any, may be claimed by producing the parking/Toll slips. 13. Regarding leased Vehicles from other vehicle owners:-

a) If the contractor take the vehicles on lease from the other owners of vehicle for the BSNL, the contractor should make a lease deed (Agreement) with the owner of the vehicle and a copy of this lease deed (Agreement) to be submitted to the BSNL

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


28

SECTION – VIII

SPECIAL TERMS & CONDITIONS OF CONTRACT

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

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

3. No payment will be made for vehicles supplied by the Service Provider older than Jul-2014.

4. Service Provider should not refuse to provide vehicles against BSNL’s requirement and on each refusal a penalty as given in penalty clause will be deducted from the running bills besides any other action which may even lead to termination of contract.

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

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

7. Service Provider shall not engage any person below 18 years of age.

8. The tampering of meter reading, vehicle usage timings, overwriting of Summary / log book sheet and misbehavior of driver while on duty shall be viewed seriously leading to even cancellation of contract.

9. Service Provider shall be the employer for his workers and BSNL will not be held responsible fully or partially for any dispute that may arise between the service provider and his workers.

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

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

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

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

c) It is desirable to have the Registration with EPF, ESI Code, Service Tax, labour licence,etc. However, if the Service Provider does not possess any or all the above, they should obtain the same, if required by law to execute this service.

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


29

e) Payment of EPF contribution (if applicable) to concerned authority & submission of proof thereof to this office as per existing provisions of various labour laws and regulations is the sole responsibility of the Service Provider and any breach of such laws or regulations shall be deemed to be breach of this contract.

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

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

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


30

SECTION - IX

Services to be Provided

1 Service Provision of multi utility commercial vehicles with licensed drivers, registered

commercial vehicles having Maxi/Taxi passing on Hiring Basis for running in

SSA Godhra or within Gujarat Circle in case of occasional need. LPG vehicle

is not allowed.

2 Period of

Contract

Under normal circumstances the contract shall be valid for a period of one year

from date of issue of FAT. However contract may be extended for further period

up to one year & also, estimated cost may be increased upto 50% accordingly.if

agreed by the contractor and BSNL on the same rate, terms and conditions.

3 Quantity Estimated number of vehicle to be hired is 3 which may increase or decrease by

25% at the sole discretion of Telecom District Manager, GODHRA. Telecom

District, Godhra , will be rounded to the single unit. However it should be clearly

noted that B.S.N.L. shall place the order for any stations in SSA GODHRA as

per the actual requirement and can change from time to time.

4 Duty Hrs. Ten hours per day on all days of month. However actual users of vehicles shall

specify actual duty hours No weekly off/ holiday will be given. The duty hours

shall start from reporting time.

5 Reporting

place

a) Any place within the jurisdiction of GODHRA SSA. Actual place of

reporting shall be specified by users of vehicles

b) Competent authority has empowered to divert any vehicle to any

officer incharge of Godhra ssa for the interest of Service

6 Counting of

distance

From garage to garage but chargeable distance in this respect shall not be more

than 5 KMs. in each way. The contractor shall have to provide the address /

location of the parking place of the hired vehicles provided after finalization of

contract.

7 Accuracy of

meters

The meter reading should tally the actual distance of run at any instant and

authorized officer shall have full power to check up the meter for its correctness

and to take action accordingly

8

Penalties

I In case of breakdown, vehicles have to be replaced by other immediately

or not more than one hour. In case of non-availability of suitable vehicle

a penalty of Rs 100/- per hour not exceeding Rs 300/- per day may be

imposed in addition to deduction on pro-rata basis for the period. If the

number of break down exceeds three times in a month, a penalty of Rs

200/- per break down shall be imposed.

II In case of non-availability of vehicles penalty of Rs 300/- per day shall

be imposed in addition to deduction at Pro-rata basis for that day.

III In case of non-availability of vehicles during extra hours penalty of Rs

100/- per occasion shall be imposed.

9 Special

requirement

I No vehicle should be supplied having registration in the name of

employee of BSNL staff or close relative and certificate to this effect be

given on the body of bill while submitting claim

Intending bidder must have a telephone where requisition of vehicles can

be conveyed all the 24 hrs.

II Payment of any Govt. Tax or duty for the vehicles will be liability of

contractor.

III Parking and Toll charges, if any may be claimed by producing the

parking/Toll slips.


31

SECTION – X

Details of type of vehicles required for various section in Godhra SSA.

Station

No. of

vehicle

required


Cost

Vehicle

Type

Vehicle to

Run per

month/KM

Tender

Form Fee

(Non-

Refundable

Bid

Security

Halol 01 JTO(FTTH)

Halol

2,50,000 CNG 2000 KM 500/- 6250/-

Godhra 01 DE(CMTS),

Godhra

2,50,000/- CNG 2000 KM 500/- 6,250/-

Jhalod 01 SDE(G),

Jhalod

3,25,000/- Diesel 2000 KM 500/- 8125/-

Types of Vehicle :

a) CNG Vehicle- Maruti EECO/VAN

b) Diesel Vehicles - Tata SUMO / TRAX /Bolero / Max / Marshal and similar type

NOTE : All vehicles are to be Non A.C


32

SECTION - XI

Letter of Authorization for attending bid opening

To,

The Divisional Engineer (A & P )

Bharat Sanchar Nigam Limited,

Godhra

Sub: - Authorization for attending bid opening MM-1/Tender -295/Hir-Vehicle

/GDH/16-17/2 Dated at GODHRA the 31-07-2017.

Tender Opening date : As per NIT

Following persons are hereby authorized to attend the bid opening for the tender

mentioned above on behalf of ________________________ (Bidder) in order of

preference given below.

Order of Preference Name Specimen Signature

I.

II

Alternate representative

Signature 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 received.


33

SECTION – XII

BID SECURITY (EMD) FORM

Whereas ______________________________________________(hereinafter

called"the Bidder") has submitted its bid on dated __________ for the supply of Hired

Vehicles vide Tender No MM-1/Tender-295/Hir-Vehicle/GDH/17-18/2 Dated at

GODHRA the 31-07-2017.

KNOW ALL MEN by these Presents that WE _______________of

_______________having our registered office at

________________________(hereinafter called the "the Bank") are bound unto

__________________________(hereinafter called "the Purchaser") in the sum of Rs

___________for which payment will and truly to be made of the said Purchaser, the Bank

binds itself, its successors and assigns by these presents.

The condition of the obligation are :

1. If the Bidder withdraws its bid during the period of bid validity specified by the Bidder

on the Bid Form; or.

2. If the Bidder, having been notified of the acceptance of his bid by the Purchaser during

the Period of Bid validity.

(a) fails or refuses to execute the Contract, if required or

(b) fails or refuses to furnish performance security, in accordance with the instructions to

Bidders.

We undertake to pay to the Purchaser up to the above amount upon receipt of its first

written demand without the Purchaser having to substantiate its demand, provided that in

its demand, the Purchaser will note that the amount claimed by it is due to it owing to the

occurrence of one or both of two conditions specifying the occurred condition or

conditions.

This guarantee will remain in force as specified in clause ___ of section II of the Bid

document upto and including Thirty (30) days after the Period of bid validity and any

demand in respect thereof should reach the Bank not later than the specified date/ dates.

Signature of the Bank Authority

Name

Signed in Capacity of

Name & Signature of witness Full address of Branch

Address of witness Tel No. of Branch

Fax No. of Branch


34

SECTION – XIII

Performance Security Bond

1. In consideration of Bharat Sanchar Nigam Limited, New Delhi (hereinafter called the

BSNL, TDM Godhra ) having agreed to exempt________________

_______________________ (hereinafter called the said contractor (s) from the demand

of security deposit of Rs _________ on production of Bank Guarantee for Rs

_____________ for the due fulfilment by the said contractors of the terms and conditions

to be contained in an agreement in connection with the contract for supply of

______________________________________________ we, (name of bank)

___________________________________________ (hereinafter referred to as the

“bank”) at the request of ___________________ contractor’s do hereby undertake to pay

to the BSNL TDM Godhra an amount of not exceeding

____________________________, against any loss or damage caused to or suffered or

would be caused to or suffered by the BSNL TDM Godhra by reason of any breach by

the said contractor’s of any of the terms and conditions contained in the said agreement.

2. We (Name of Bank) ______________________________________ do hereby

undertake to pay the amounts due and payable under this guarantee without any demur,

merely on a demand from the BSNL TDM Godhra stating the amount claimed is due by

way of loss or damages caused to or would be caused to or suffered by the BSNL TDM

Godhra reason of breach by the said contractor’s of any of the terms and conditions

contained in the said agreement or by reason of the contractors failure to perform he said

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

amount due and payable by the bank under this guarantee where the decision of the

BSNL, TDM Godhra in these counts shall be final and binding on the bank. However,

our liability under this guarantee shall be restricted to an amount not exceeding Rs

___________

3. We undertake to pay to the BSNL, TDM Godhra any money so demanded not

withstanding any disputes raised by the contractor (s)/Supplier (s) in any suit or

proceeding pending before any court or tribunal relating there to our liability under the

present being absolute and equivocal. The payment so made by us under this bond shall

be valid discharge of our liability for payment there under and the contractor (s)/supplier

(s) shall have no claim against us for making such payment.

4. We (Name of Bank) ______________________________________ further agree that

the guarantee herein contained shall remain in full force and effect immediately for a

period of one year from date herein and further agrees to extend the same from time to

time (one year after) so that it shall continue to be enforceable till all the dues of the

BSNL, TDM Godhra under or by virtue of the said agreement have been fully paid and

its claims satisfied or discharged or till BSNL, TDM Godhra certifies that the terms and

conditions of the said agreement have been fully and properly carried out by the said

contractor (s) and accordingly discharges this guarantee.

5. We (name of the bank) further agree with the BSNL TDM Godhra that the BSNL TDM Godhra

shall have the fullest liberty without our consent and without affecting in any manner our

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

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

time to time any of the powers exercisable by the BSNL TDM Godhra against the said

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

agreement and we shall not be relieved from our liability by reason on any such variation, or

extension being granted to the said contractor (s) or for any forbearance, and or any omission

on the part of BSNL TDM Godhra or any indulgence by the TDM Godhra to the said

contractor (s) or by any such matter or thing whatsoever which under the law relating to sureties

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


35

6. This guarantee not be discharged due to the change in the constitution of the bank or the

contractor (s)/supplier (s)

7. This guarantee shall be irrevocable and the obligations of the bank herein shall not be

conditional to any prior notice by BSNL.

Dated: -

For:______________________

(Indicating the name of the bank)

N.B. This guarantee should be issued on non-judicial stamped paper, stamped in

accordance with the stamp etc.


36

SECTION - XIV

( TECHNICAL BID AND COMPLIANCE STATEMENT)

Dear Sir,

1. Inviting a reference to the notice tender which appeared in the newspaper regarding

Hiring of Vehicles, I / we hereby offer the technical bid for the job for providing Hired

Vehicles as per the tentative requirements projected under Section - VII for a period of

one year.

2. I/ we hereby declare that I /we have read carefully all the clauses subclasses and articles

of the tender documents as contained under section I to XIV and I/ we am/ are fully aware

of the terms and conditions of the contract as covered under the aforesaid sections.

3. I/we commit myself / ourselves that no deviation from the terms and conditions

specification shall be allowed except with prior permission in writing of the TDM BSNL

Godhra Telecom District and that in the event of any dispute I we shall abide by the

decision of the arbitrator as per the clause given under Section - III.

4. I/ we hereby enclose the following certificate / documents as required under Clause no 5

of Section – II for consideration of the technical bid.

Name of the certificate / Documents Whether submitted or

not (Yes/No)

Copy of documentary proof of ownership for minimum one

vehicle (Registration Certificate).

22.3.1.1.1 MAXI/Taxi Passing Certificate is mandatory & it

Should be attach with tender document

Partnership Deed or proof of proprietorship or

articles/Memorandum of Association as the case may be.

Original receipt or original demand draft or B.G for payment of

EMD

All the copies of submitted documents should be duly attested by

Class I Gazetted Officer of central Government or an officer of

the rank of DE and above in BSNL / MTNL or any 1st class

magistrate. Or self attested

Valid Experience certificate for satisfactory performance of

similar contract for a period of one year issued by any Govt. /

State GOVT / Semi GOVT / PSU / Institution / Trust .

Declaration about no relatives working in BSNL

Declaration about Black Listing of Firm / Party

5. I / we also agree that earnest money deposit furnished by me/us shall be forfeited to the

TDM,BSNL, GODHRA Telecom District in case I/we fail to execute the agreement

within the given time limit as specified in the letter of acceptance. It is also agreed that

no interest is payable on the earnest money deposit for the period of its retention by the

BSNL GODHRA Telecom District

6. I / we also agree to furnish performance bank guarantee which will remain valid for a

period of 18 months from the date of agreement.

7. I / We agree to abide by the decision of TDM BSNL GODHRA TELECOM DISTRICT

regarding the meeting and interpretation of the clause / sub clauses of this tender and his

decision in this regard shall be final, without having any prejudice to the provision under

arbitration clause of section – III.

Yours faithfully


37

SECTION-XV

(Certificate on Non-Participation of No Near Relatives in the tender called for hiring

Light Commercial vehicles on Long term use in GODHRA SSA vide Tender No MM-

1/Tender -295/Hir-Vehicle /GDH/17-18/2 Dated at GODHRA the 31-07-2017.

CERTIFICATE IN RESPECT OF NO NEAR RELATIVES

“I __________________________________________ s/o

______________________________hereby certify that none of my relative(s) as

defined in the tender document is/are employed in BSNL unit as per details given in

tender document. In case at any stage, it is found that the information given by me is

false/incorrect, BSNL shall have the absolute right to take any action as deemed

fit/without any prior intimation to me.”

Signature of tenderer with stamp


38

SECTION-XVI

MM-1/ Tender -295/Hir-Vehicle /GDH/17-18/2 Dated at GODHRA the 31-07-2017.

DECLARATION REGARDING BLACK LISTING OF FIRM/PARTY

I, Shri ________________________declare that the firm

______________________________has not been BLACK LISTED by BSNL/Any

organization. In case at any stage, it is found that the information given by me is

false/incorrect, BSNL shall have the absolute right to take any action as deemed

fit/without any prior intimation to me.”

Seal & Signature of

Tenderer


39

SECTION – XVII

Details Regarding Vehicles Offered

Sl

No

Type of

Vehicle

Model/Year Vehicle Registration number

1


40

AGREEMENTFORVEHICLEHIREThis agreement is made on this --------- day of ------------- 2017 between ------------------

-------------------------------------------------(herein after called the Transporter whose term

includes its successors and assignees) whose registered office is at --------------------------

--------------------------------and acting through its authorized official Shri

____________________________.

AND

Bharat Sanchar Nigam Ltd. (herein after called the BSNL whose term includes its

successors and assignees) whose registered office is situated at 3rd Floor, Telephone

Exchange Bldg, Godhra and acting through its authorized official ---------------------------

--------------------------O/o TDM, Godhra. The Transporter will provide Commercial

vehicles on hire basis for Bharat Sanchar Nigam Limited for official use on the terms and

conditions herein contained, and rates as mentioned in appendix-I. The “Transporter”

has deposited Rs.------------------(Rupees ---------------------------------------------- only) as

interest free Performance Security.

Now these present witnesses and it is hereby agreed and declared by and between the

parties to these present as followings :-

1. The Transporter shall during the period of this contract that is to say from ------------- to

-------------------- or until this contract is determined by such notice as herein after

mentioned. Will provide commercial vehicles not older than three years from the date of

issue NIT; on the rates accepted as described in schedule vide appendix-I to this

agreement. It is agreed by the Transporter that number of vehicles required is likely to

change and may be demanded according to the exigencies of service by BSNL.

2. The Transporter shall comply with all the terms and conditions of tender documents

contained which are part and parcel of this agreement and forms integral part of this

agreement and also the following.

3. The authorities of BSNL indicated in appendix-II shall place an order for their

requirement on the official Hire order form appendix-III (herein after called Hire order)

and will receive acknowledgement from the Transporter for supply of vehicles. It is

anticipated that the Transporter will supply vehicles to these authorities on regular basis

until such time the contract is valid and the parties in agreement are satisfied with the

performance of the contract.

4. The Transporter agrees with the BSNL and with each authority competent to order that

every contract of hire order should be subject to the terms of this Agreement for vehicle

Hire and in the event of a conflict between these terms and the terms in hire order, the

terms of this Agreement for vehicle Hire shall prevail.

5. Transporter will provide vehicles to BSNL not older than three yearsl and registered for

the commercial purpose only and taxes, insurance etc. due on such vehicles shall be the

liability of the transporter.

6. The Transporter should provide the particular model or make of vehicle as agreed upon

in the contract. The BSNL only reserves the right to substitute it with another similar

vehicle. If for any reason whatsoever the BSNL is not happy with the condition of the

vehicle provided, the Transporter’s nearest office will be informed immediately and they

should accept any liability to replace it as per requirement. If for any reason the

Transporter is not in a position to provide a substitute vehicle as demanded by the BSNL,

then the BSNL will be free to engage a vehicle from the open market and debit the

expenditure on account of it on the claims payable to the Transporter.

7. Transporter will submit bills to the concerned unit in-charge of BSNL on monthly basis

for release of payment by BSNL.

8. The driver of the vehicle shall be provided with the duty slips by the Transporter where

date, time, Kms reading and places visited are to be filled in and signed by the users /

BSNL officials. On the basis of these duty slips, the bills shall be raised to BSNL by the

transporter. Counting of distance will be from garage to garage, but chargeable distance


41

in this respect shall not be more than 5 kms in each way between user delivery address

and the garage / normal parking place.

9. If the Transporter fails to provide the vehicle to BSNL and if the service is not found

satisfactory enough, the BSNL shall have the right to terminate the contract in whole or

part as per clause 5 of Section III of Tender Document.

10. In the event of any mechanical failure/breakdown of vehicle after its reporting duty, the

transporter shall arrange for replacement by another Commercial Vehicle. Non-

compliance may attract penalty as per Clause 9 (i) of Section VI of Tender Document.

11. In the event of failure on the part of transporter to supply vehicles as mentioned in the

preceding paragraph, penalty as per Clause 9 (ii) of Section VI of Tender Document shall

be imposed.In case of any accident resulting in loss or damage to property of life, the sole

responsibility for any legal or financial implication would vest with the transporter.

BSNL shall have no liability whats oever. The Tender Document No., MM-1/ Tender -

295/Hir-Vehicle /GDH/16-17/2 Dated at GODHRA the 31-07-2017. which is annexed to

this agreement, as schedule “B” shall form part and parcel of this Agreement and integral

part of this agreement.

12. That transporter is liable for any legal dispute/cases/ claims that have arisen or may arise

during the currency of the agreement in respect of vehicles provided by transporter.

BSNL will not be liable for any loss, damages, etc suffered/to be suffered by transporter

or third party as the case may be.

13. If for any reason the BSNL is dissatisfied in any way with the standard of the vehicle or

felt deficiency in service during the hire period, it will be reported to the Transporter in

writing. The Transporter without raising any dispute on such assessment by the BSNL

regarding the standard of the vehicle provided or quality of service rendered by them may

immediately replace it with another commercial vehicle on receipt of such complaint.

14. The Transporter shall also be liable for all fines, penalties, and the like of parking, traffic

and other criminal offences arising out of or concerning the use of the vehicle during the

hire period and any toll Charges or entry Taxes payable locally and the Transporter

accordingly indemnifies the BSNL against all such liability.

15. The Transporter shall not act as a broker for other hire companies or any individual and

the contract will be valid only if the company signing the contract supplies the vehicles

themselves from their own fleet. The Transporter will also ensure that they will not

supply the vehicles to BSNL which are either owned by employees of BSNL either

directly recruited or on deputation to BSNL or their near relatives as defined in Sch-IA

of Company Act 1956 and Section-IV item (7) & (8) of the tender documents enclosed

as schedule “B” to this agreement. A certificate to his effect is annexed to this agreement

as Appendix-IV.

16. In the event of any question, dispute or difference arising under the agreement or in

connection there with (except as to matter the decision to which is specifically provided

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

________________________. BSNL. 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 function of the _______________________ or by

whatever designation such officers may be called (hereinafter referred to as the said

officer) and if the _____________________ or the said officer is unable or unwilling to

act as such, than to the sole arbitration of some other person appointed by the

CGM/PGM/TDM or the said officer. The agreement to appoint an arbitrator will be in

accordance with the Arbitration and Conciliation Act, 1996.

17. If the Transporter institutes any legal proceedings against the BSNL to enforce any of its

rights under this agreement it shall be in the legal jurisdiction of BSNL where the vehicle

has been hired and not the place where the Transporter has his registered office.

18. BSNL is Competent to terminate the Contract without assigning any reason at any time

during the periodicity of Contracts


42

Signed_____________________ Signed _____________________

For and on behalf of the BSNL For and on behalf of the Transporter

Name (caps) ________________ Name(caps) ________________

Position ____________________ Position ____________________

Date ______________ Date ______________

In the presence of Witnesses In the presence of Witnesses

1. 1.

2 2.


43

ANNEXURE – I

UNDERTAKINGThis deed of undertaking executed on this ____ day of ------------- Two thousand

seventeen_____ by (Name of sole proprietor/partner/Director/authorised representative,

the firm, Company, Trust,Society etc)_________________S/o _____________residing

at

___________________ on behalf of the said M/s ____________________ (Name of firm,

Company, Trust, Society etc) having its office at ________________ and duly authorised

to sign, file and verify present undertaking by the said ______ ________________ (Name

of firm, Company, Trust, Society etc) in favour of BHARAT SANCHAR NIGAM

LIMITED, a Government of India Undertaking having its Registered Office at Harish

Chandra Mathur Lane

Janpath, New Delhi-110 001 and local office at ____________ herein after called BSNL

which terms shall mean and include its successors, administrators, heirs and assigns.

Whereas M/s BSNL invited bid for ________________________, I/We participated in the

bidding process and emerged as successful bidder with respect to Tender

No.__________I/We______________________

acknowledge that I/We______________ have fully understood and are aware of the terms

and conditions of the Tender/contract and do hereby unequivocally and unconditionally

undertake and declare that :

(1) I/We __________ shall comply with all the Rules/Regulatations/ Laws/Government

instructions/status etc. that are applicable/will be made applicable and or are aimed to

protect the interest of the works/employees engaged by me/us in the past and during the

course of performance of the contract with BSNL/

(2) I/We shall fully protect, indemnify and hold harmless BSNL and its employees, officer,

Directors, agents or representatives from and against any and all liabilities, losses,

actions, judgments, damages, fines, penalties and costs (including legal costs and

disbursement) arising from or relating to…

� Any breach/violation of any direction, order from any government authority any

provisions of the labour laws or any other laws, stature or regulation that are “or” will

be aimed to protect the interest of the workers/labours engaged by the contractor in past

and during the course of this contract.

OR

� Any other payments, claims “or” liability that may arise ensuring compliance of the

provisions of any of the labour laws or any other laws etc.

OR

� Any other claim made by third party in connection with any violation of any of the

laws, guidelines, instructions etc.

In witness whereof this undertaking has caused on the _______ Day _____ Month of

_______ Year

Date :

Place :

(Signature _________________)

Name _____________________

Designation _______________


44

ANNEXURE-II

UNDER TAKING

I/We ______________________________resident at______________

address

--------------------------------------------------- IS/ are hereby under take that

I/We have applied for _______Nos. vehicles. In this total _______Nos.

vehicles, I/We shall provide _____ Nos. [minimum 1 (one) number]

vehicle/vehicles of commercial vehicle/vehicles, not less than Jul-2014 model model model model

or the proof of ownership/Power of attorney should be produced within a week

when my offer is accept by BSNL.

I/We also is/are hereby under taking for remaining vehicle/vehicles _______

Nos. I/We should also submit full details of the vehicles that can be assigned in

my/our favour when my offer is accept by BSNL.

If I/We shall failed to provide _______Nos. [ minimum 1 (one) number

] vehicle of commercial vehicle, not less than Jul-2014 of momomomodel del del del or the proof

of ownership/Power of attorney and remaining vehicle _______ Nos. not submit

full details of the vehicles that can be assigned in my/our favour when my offer

is accept by BSNL, My EMD RS. ___________ may be forfeited by BSNL and I

have no right to claim of EMD in future.

Signature of Tenderer

with seal & Dated


45

BharatSancharNigamLimited(A Govt. of India Enterprise)

GODHRA TELECOM DISTRICT

O/O Telecom district manager

3rd Floor, Telephone Exchange , Godhra

SECTION - XIX

MM-1/ Tender -295/Hir-Vehicle /GDH/17-18/2 Dated at GODHRA the 31-07-2017.

Providing the multi utility commercial vehicles on hiring basis with licensed drivers for Transportation of man with material / store items in the jurisdiction of Godhra SSA

PART – B

FINANCIAL BID

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

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

b. Rates should be inclusive of all taxes, duties & other charges except service tax, if applicable c. The service Tax will be paid extra as applicable. d. Service tax if applicable shall be deposited by the contractor to the service tax authority & BSNL

will reimburse it to contractor on submission of receipt of payment of service tax with the bill. For claiming service tax the contractor will have to submit certificate of registration with service tax authority. He will be required to quote his service tax registration number in the bills invariably

e. No eraser or overwriting is permitted. Correction if any, made encircling and scoring out old entries by single lines, writing fresh entry and authenticating all such corrections with full signatures. Any tender bearing unattested correction is liable to be rejected.

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

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

Name & Address of the Tenderer

________________________________________ ___________________________________________

Phone.No.___________________ Mobile No.___________________


46

Ref : MM-1/Tender -295/Hir-Vehicle /GDH/17-18/2 Dated at GODHRA the 31-07-2017

Dear Sir,

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

Hiring Vehicle for

Station

No. of

vehicle

required


Cost

Vehicle

Type

Vehicle to

Run per

month/KM

Tender

Form Fee

(Non-

Refundable

Bid

Security

Halol 01 JTO(FTTH)

Halol

2,50,000 CNG 2000 KM 500/- 6250/-

Godhra 01 DE(CMTS),

Godhra

2,50,000/- CNG 2000 KM 500/- 6,250/-

Jhalod 01 SDE(G),

Jhalod

3,25,000/- Diesel 2000 KM 500/- 8125/-

Rates for items mentioned below are also to be quoted :-

a) Detention Charges beyond duty hours (Rs/Hours) :-- Rs. _________ per Hours

b) Night halt charges (Rs/Halt) :-- Rs. _________ per Halt

c) Rates for Extra K.M. beyond 2000 K.M. :- Rs _________ per K.M.

Note : - Type of Vehicles:-

a) CNG Vehicle- Maruti EECO/VAN b) Diesel Vehicles - Tata SUMO / TRAX /Bolero / Max / Marshal and similar type

1. Evaluation criteria: - Bidder may offer for one or more than one section and section wise evaluation will be carried out as under for arriving the L1 bidder.

a) For evaluation purpose, rates quoted for fixed Kms Run per month per vehicle will only be taken in to consideration

b) The bidder, who offers lowest rate for fixed Kms Run (Minimum), will be treated as L-1 bidder for that section.

c) As the quantity for Detention Charges beyond duty hours and Night halt charges are small and unpredicted, the same will not be considered for evaluation criteria.