up-k ee p of bts infrastructur e in motihari ss...

BHARAT SANCHAR NIGAM LIMITED

(A GOVT. OF INDIA ENTERPRISE)

Cost of Tender Form= 610/-

OFFICE OF THE TELECOM DISTRICT MANAGER

MOTIHARI

TECHNICAL BID

Tender No:- P-10/TENDER/BTS/Up-Keep/MTH- SSA/15-16 Dated:03.06.2015.

Tender

For

Up-keep of BTS infrastructure in Motihari SSA

Form NO.: Name & Address of Contractor:-

Contact No.:-

Date of Application for purchase of Tender Document: ----------------------

Date of Receipt of application in the office: ------------

Date of Issue of Tender Documents: - -----------------

SDE (NWP-CFA), O/O TDM Motihari.

of 30 Signature and Seal of the Bidder

TABLE OF CONTENTS

Section Content Page No.

I Notice Inviting Tender 3-4

II Instruction and General Guidelines to Bidder. 5-13

III Special Conditions of Contract 14-18

IV

Profile for Bidder

19-22

V Agreement Format 23-27

VI Price Schedule 28

VII Details of Site 29

Financial-bid 30


Section - I

BHARAT SANCHAR NIGAM LIMITED [A Government of India Enterprise]

OFFICE OF TELECOM DISTRICT MANAGER TELECOM DISTRICT, mOTIHARI

NOTICE INVITING TENDER NIT No.:- P-10/NIT/Planning/2015-16 Dated:- 03.06.2015

Tender No:- P-10/TENDER/BTS/Up-Keep/MTH- SSA/15-16 Dated:03.06.2015.

Properly sealed TENDER (Packing PVC tape/Sealing Wax) are invited by TDM

Motihari (Bihar) on behalf of BSNL for “Up-keep of BTS infrastructure items like WAC/ split

ACs, Battery Sets, Power Plants & DG Sets and their Operations on Day to Day basis

” installed at non BSNL/BSNL sites of GSM Mobile Base Transmission Stations (BTS) Motiharir

SSA.

1. Eligibility Conditions

a. The Company/firm should have an experience of successful execution of above or similar Job for minimum 35% of the estimated cost in any of the last five financial years in BSNL/ MTNL/ DOT. Department. Details of work performed along with certificate for successful execution of work.

b. The Experience Certificate should be issued by the officer not below the rank of Divisional Engineer/STS or equivalent and should be self attested as well as attested by the gazetted officer.

c. The prospective bidder should have valid service/trade tax registration with government. d. All the documents must be self attested. E Labour dept registration f. PAN g. Character certificate of DM/SP of home district.

e. The bidder shall submit bid along with ‘Bid Document Cost, EMD, Technical Bid & Financial Bid’ as shown below:-

S. No.

Name of SSA Name of Work Area

East

Champaran

District

No. of

BTS Sites

Estimated cost of work (in Rs.)

Bid Security (in Rs.)

Cost of Bid document +VAT

in Rs. (Non Refundable)

1

Motihari SSA

88

2488576/-

248858/-

610/-

2. Date of Sale of TENDER Documents , Submission & Opening of TENDER :-

Name of Work Area

Sale of Tender Documents

Time and date of submission of

Tender

Bid (Technical) Opening Date &

Time

Motihari SSA Between 11.00 hrs to 16.00 hrs from

on all working days Upto dated 23.06.2015

Up to 14.00 Hrs on -

24.06.2015

At 16.00 Hrs on

24.06.2015



3. Period of contract: - One year from the date of agreement or completion of work put to

tender whichever is earlier and may be extended for one more year. 4. Sale of TENDER Documents: -

(a) The tender document could be purchased by paying cost of Tender document in cash or D/D drawn in favour of Account Officer (Cash), BSNL, O/O TDM Motihari payable at Motihari and can be had up to Date & time shown in table. (b) The document is also available on website www.biharbsnl.co.in

and may be downloaded. In case the tender document is downloaded from the above

said site the cost of tender document in the form of DD drawn in favour of Account

Officer (Cash), BSNL, O/O TDM Motihari, payable at Motihari, be submitted along

with Technical bid document.

5. Bid security is to be paid in the form of crossed demand draft issued by a scheduled

bank, drawn in favour of Account Officer (Cash), BSNL, O/O TDM Motihari, payable at Nagaur.

6. (i) Tender document containing detailed description of work, terms & Conditions can be obtained from SDE (NWP-CFA) O/o TDM Motihari. (ii) The TENDER which is not accompanied with the requisite bid security, shall be

summarily rejected. (iii) Any TENDER with conditions other than those specified in the tender document

or incomplete in any respect is liable to be rejected. (iv) TENDER will not be accepted/received after expiry of date and time. If it

happens to be a holiday on any of the dates specified above, next working day will be applicable.

(v) The competent authority on behalf of BSNL does not bind himself to accept the lowest or any other tender & reserves the right to reject any or all the TENDER received without assigning any reason what so ever.

7. No Tender document shall be sent/ received by Post/Courier. 8. The tender documents are neither transferable nor returnable. 9. EMD/ Security deposit will not earn any interest. 10. For more details TENDER documents be consulted. 11. Obligation under NSIC/MSME registered units will be considered as per the

existing rules. For that bidder will submit latest registration certificates and other related/relevant documents as a proof with the bid document to avail the above exemption.

Note: - The department does not own any responsibility for any alteration / omissions

in the content of tender document either while uploading on the website or

otherwise.

DE (PLG) O/o TDM Motihari

http://www.biharbsnl.co.in/


Section - II

Instructions and General Guidelines to Bidder

1. DEFINITIONS

a. BSNL authority: The BSNL authority means the Bharat Snatcher Nigam limited, which invites the tenders on behalf of the All references of:

CMD BSNL Chief General Manager

Principal General Manager

General Manager

Deputy General Manager / Area Manager / Director / Telecom Distt. Manager/Director (Projects) Divisional Engineer /Divisional Engineer (Plg)/AGM Sub Divisional Engineer Junior Telecom Officer Chief Accounts Officer Accounts Officer Assistant Accounts Officer Junior Accounts Officer (Including other officers in the BSNL, whatever designations assigned to them from time to time, who may be the in-change of direction supervision, testing, acceptance and maintenance including their successor(s) in the office appearing in various clauses shall be taken to mean the BSNL.)

b. The TDM Motihari means the Head of Telecom District Motihari SSA and his

successors.

c. The jurisdiction of the TDM Motihari means the total area of SSA linked with

TDM Motihari. (East Champaran)

d. Representative of the TDM Motihari: Representative of the TDM Motihari means Officer and staff for the time being deputed by the TDM Motihari for inspecting or supervising the work or testing etc.

e. Engineer–in-charge: -: The Engineer–in-charge means, the Engineering Officer nominated

by the BSNL to supervise the work, under the contract (Not below the rank of Divisional Engineer level Officer).

f. Site Engineer : Site Engineer shall mean an SDE /JTO of the BSNL who may be placed by

the TDM Motihari as in- Charge of the work at site at any particular period of time.


g. Contract : The term contract means, the documents forming the tender and acceptance there of and the format agreement executed between the competent authority on behalf of the BSNL and the contractor, together with the documents referred to therein including these conditions, the specifications, designs, drawings and instructions issued from time to time, by the engineer in-charge and all these documents taken together shall be deemed to form one contract and shall be complementary to one another. In the contract, the following expressions shall, unless the context otherwise requires, have the meanings, hereby respectively assigned to them. The expression works or work shall unless there be something either in the subject or context repugnant to such constructions, be construed and taken to mean the works by or by virtue of the contract contracted to be executed whether temporary or permanent, and whether original, altered, substituted or additional.

h. Contractor: The contractor shall mean the individual, firm or company, undertaking the works and shall include the legal personal representative of such individual or the persons composing such firm or company, or the successors of such firm or company and the permitted assignees of such individual, firm or company.

i. Works: The expression “works” shall unless there be something either in the subject or context repugnant to such construction, be construct and taken to mean the works by or by virtue of the contract contracted to be executed whether temporary or permanent and whether original altered, substituted or additional.

j. Schedule(s) : Schedule (s) referred to in these conditions shall mean the relevant

schedule(s) or the standard schedule of rates mentioned in the document.

k. Site: The site shall mean the land/ or other places on, into or through which work is to be executed under the contract or any adjacent land, path or street through which, the work is to be executed under the contract or any adjacent land, or street which may be allotted or used for the purpose of carrying out the contract.

l. Normal time or Stipulated time: Normal time or Stipulated time means time specified in the

work order to complete the work.

m. Extension of Time: Extension of Time means the time granted by the BSNL to complete the

work beyond the normal time or stipulated time.

n. Date of commencement of Work : Date of Commencement of Work means the date of actual

commencement of work or 72 Hrs from the date of issue of work order, whichever is earlier.

o. Due date of completion : Due date of completion shall be the date by which the work shall

be completed at site including clearance of site.

p. Duration of completion of work : The duration of completion of work or completion time

shall be time specified in the work order plus extension of time granted, if any.

q. Excepted risk: Excepted risk are risks due to war (whether declared or not), invasion, act of

foreign enemies, hostilities, civil war, rebellion, revolution, insurrection, military or usurped power, any acts of Government damages from aircraft, acts of God, such as earthquake, lightening and unprecedented floods and other causes over which, the contractor has no control and the same having been accepted as such, by the Accepting Authority or causes solely due to use or occupation by the BSNL of the part of the work, in respect of which a certificate of completion has been issued.

1.1 Submission of Bid. 1.1.1 The Bid is to be submitted in wax sealed envelop or sealed with adhesive tape

as per details given below: 1.1.2 The 1

st Envelope is marked with “Technical Bid” and contains the following items:

1.1.3 Bid Security as per NIT 1.1.4 Tender document(s), in original, duly filled in and signed by tenderer or his authorized

representative along with seal on each page. All corrections and overwriting must be initialed with date by the tenderer or his authorized representative.

1.1.5 Bid Form, duly filled in,.& certificate regarding none of his/her/their relative(s) is/are employee in BSNL unit as per section IV.

1.1.6 Tenderer’s profile duly filled in, as per section IV of the Tender document. 1.1.7 The self attested copy duly signed by contractor of required experience certificate issued by the competent authority and duly attested by a Gazetted officer. 1.1.8 . The self attested copy duly signed by contractor of PAN Card/Proof of Application applied to

income tax Dept. 1.1.9 The self attested copy duly signed by contractor Registration certificate or applied for of EPF and

ESI under Provision Act 1952. 1.1.10 The self attested copy duly signed by contractor of Service Tax Registration Certificate.

1.2 (a)The self attested copy duly signed by contractor of the registration of the firm, authenticated copy of partnership deed in case of partnership firm. (b) The self attested copy duly signed by contractor of Articles of Associations duly registered with Registrar of Company affairs, in case of Limited/Pvt. Limited company. (c) Affidavit in original on Rs10/- stamp paper of Sole-Proprietorship in case proprietorship concern

duly attested by the Magistrate/Notary Public.

1.2.1 .Original “Power of Attorney“ in case person other than the tenderer has signed the tender document.

In case of participating in more than one bid, original power of attorney may be attached in one bid & attested photo copy of in other bid but reference must be made that original power of attorney has been attached with which tender bid without which it may not be considered.

1.2.2 Letter of authorization for attending the TENDER opening meeting as per section IV. 1.2.3 The 2nd Envelope marked with “Financial Bid” and containing the “Price- Schedule” (With

signature & seal of the Bidder on each page). 1.2.4 The two envelopes with clear marking of ‘Technical Bid’ and ‘Financial Bid’ are to be placed inside

an ‘Outer Envelope’ and properly sealed (sealed with WAX or with adhesive tape). The Bids received in covers not properly sealed (with WAX or adhesive tape) shall not be opened or considered.

1.2.5All the three Envelopes should bear the following “Bid for Up-keep of BTS infrastructure in Motihari SSA “Bid No.- Tender No:- P-10/TENDER/BTS/Up-Keep/MTH SSA/15-16 Dated:03.06.2015.

1.2.6 The full name and address of the Bidder should be written on the bottom left corner of each of the envelope i.e., Technical Bid, Financial Bid and Outer Envelope.

1.2.7 Bids are to be submitted in person, in the Bid Box placed in the chamber of SDE(NWP-CFA) O/o TDM Motihari (Bihar)

1.2.8 The Bidder or his authorised signatory should certify and affix his signature and firm’s seal on each & every page of the Bid Document on the place specified and returns it in original along with his

offer, as a token of his acceptance of each of the condition specified in the Bid document.

1.2.9 In case of any deviation / change in originally submitted bid document shall be liable for rejection.

1.2.10 Technical & Financials Bids should be placed in separate envelope with clear marking. Financial

Bid shall be opened only for the bidders who are found successful in technical bid evaluation. 1.2.11 Photo copy of the latest registration certificates of NSIC/MSME registered units

1..2.12 Sites may be changed as per actual requirement. TDM Motihari reserves the right to change any

site.



Earnest Money Deposit (EMD):

1.1 Earnest Money shall be paid as mentioned in NIT.

1.2 EMD shall be paid in cash or in the form of Bank Draft from any Schedule Bank, payable at Motihari in favour of Accounts Officer (Cash) BSNL, O/o TDM Motihari (Bihar) No interest shall be allowed on the EMD to the Bidder.

1.3 The EMD of Unsuccessful Bidder will be refunded within reasonable time after

finalisation of the Bid, normally within three months from the date of opening of Bids.

1.4 The EMD of successful Bidder may be adjusted towards security deposit for the due fulfilment of the contract but shall be forfeited if the Bidder fails to sign the agreement or in case any of the documents submitted by the bidder is found fake under the routine departmental process of verification.

3.0 Security Deposit (SD):

3.1 The successful tenderer has to deposit 10% of approved cost of tender as SD through Cash/DD/BG in favour of A.O. (Cash) BSNL O/o TDM Motihari after adjusting EMD submitted during Tender. 3.2 The SD will be deposited for 18 months and shall be kept extended and deposited in

case the period of contract is extended.

3.3 Security Amount deposited in this office for any other Bid will not be adjusted against this Bid.

Amount of security deposit shall be refunded after three months of the successful completion

of the contract and subject to full and final settlement of the bill for the services.

3.4 No interest shall be payable on the security deposit or any amount payable to the

contractor under the contract.

3.5 In case SD is adjusted to the penalty of the particular month then it must be replenished

before issue of work order for the next month.

3.6 The agreement shall be cancelled and SD shall be forfeited if any of the document submitted by the bidder is found fake under the routine departmental process of verification at any stage (Pre or Post awardness of the contract).

4.0 Scope of Work:

4.1 The successful bidder would be required to perform the BTS up-keep work at all the Non BSNL BTS sites/BSNL Sites (depending upon the work order).

4.2 Award of work may be done by SSAs/or any authorised representative of BSNL as decided by TDM Motihari after successful execution of Agreement and depositing due security amount/performance bank guarantee.

4.3 The bidder i s f u l l y r e s p o n s i b l e t o c a y y o u t t h e w o r k a s s i g n e d t o h o m w i t h i n s t i p u l a t e d p e r i o d o f t i m e .

4.4 The bidder will have to ensure availability of the required tools workforce etc for avoiding any interruption of service because of non performance of these activities and performance of all works enumerated in clause 1 of section-III. The contact details of designated workforce shall be required to be submitted at the time of agreement.

4.5 The workforce deployed should be sufficiently trained/ qualified to handle assigned jobs upto desired standards. Cost of training towards handling of jobs shall be responsibility of bidder.

4.6 Successful tenderer will ensure functioning of his office at Motihari. Scope of the work is further elaborated in Section-III of the bid conditions.

4.7 BSNL reserves the right to decrease or increase the work up to +/-25% of the total quantum of work specified in the schedule of requirement without any change in the rates and other terms and conditions.

4.8 In case of common infrastructure of BTS and other departmental equipments

installed in same building the all equipments comes under scope of this tender and contractor has to maintain/do the job of all equipments.


5.0 Letter of Intent:

The successful Bidder shall be issued letter of intent (LOI) or Advance Purchase Order (APO). He/She shall have to give his unconditional acceptance with in 21 days of issue of LOI along with Security deposit as per Bid conditions LOI/APO. The TDM Motihari has right to extend more 15 days as his discretion on justified reason.

5.1 After submission of above documents, BSNL will enter in to contract agreement with the Bidder.

5.2 If he fails to comply all provisions of LOI with in 21 days as per above-mentioned guidelines,

BSNL shall reject his bid and shall be entitled to forfeit his EMD money.

6.0 Rejection of Bids:

6.1 TDM Motihar (Bihar) reserves the rights to accept or reject any Bid full or part without

assigning any reason.

6.2 Incomplete / Conditional Bids and Bids without EMD shall be rejected.

6.3 Any Bid / offer not submitted, as required in the bid document, is liable to be rejected.

6.4 The Bidder should certify and affix his signature and firm ’s seal on each & every page of the Bid document on the place specified and returns it in original along with his offer, as a token of his acceptance of each of the condition specified in the Bid document. Unsigned Bids shall not be accepted.

6.5 Tempered Bid documents are liable to be rejected.

7.0 Validity

7.1 The offer of Bidder shall remain valid for acceptance upto a period of 180 days from the date

of opening of financial Bid (opening date inclusive).

7.2 The approved rate shall remain valid for a period of one year, from the date of signing of agreement. However BSNL reserves the right to extend it further for a period of one year or part thereof on same terms and conditions.

7.3 If the performance of the bidder is not satisfactory then the agreement can be terminated by

BSNL after giving one month’s notice.

8.0 Payments

8.1 After successful execution of works as per agreement, payments shall be made on monthly basis. Provided availability of fund.

8.2 Bills duly certified by AGM/ SDE concerned of SSAs or any other designated Officer of equivalent

level by SSA Head duly countersigned by their controlling officers, incharge of operation and

maintenance of Mobile BTS is to be submitted in duplicate copies to the SDE (NWP-CFA) O/o

TDM Motihari (Bihar) for processing them further for payments.

8.3 Proof of payments of wages as prescribed in Section -VI to maintenance personnel with their

dated signature in the performa appended as ANNEXURE-A of previous month with claim

prepared.

8.4 Necessary deductions of the (All sttytory taxes, duties etc)duties and Taxes as per prevailing

rules of Government of India shall be made from the bills while making payments

8.5 Further deduction of penalty, if any, shall also be made from the bills.

8.6 Proof regarding EPF/ESI deposit with EPF/ESI authorities

8.7 Proof of submission of service tax of previous quarter

8.8 Payments shall be released only after approval of SSA Head.

8.0 Penalty

9.1 In case of non execution or delayed execution or partial execution of any or all assigned works, loss of any material or revenue loss, theft, mishandling of equipments, improper operation of DG sets & Air Conditioners and other electrical appliances installed at the station, resulting unforeseen break down of systems or failure of equipment/appliances penalties shall be imposed as per details given in Section III of bid document.

9.0 Volume of work

10.1 BSNL reserves the right to add or delete any number of sites included in the bid as per its

operational requirement.

10.2 In case of addition of new BTS, bidder has to deploy / rearrange additional resources to meet out requirements at these new stations, with in 72 Hrs from the date of firm order .All such BTSs are also covered under the contract under the same terms and conditions.

10.3 However in case of bulk addition of Sites (more than 50% of the quantity of work order) it shall not be binding on BSNL to award work of all or any additional BTS/BTSs

10.4 Agreement shall be drawn with the successful tenderer on prescribed Format, which is available

in this office. Tenderer shall quote his rates as per various terms and conditions of the said form,

which will form part of the agreement.


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Signature and Seal of the Bidder

11. FORCE MAJEURE: 11.1 If any time, during the continuance of this contract, the performance in whole or in part by

either party or any obligation under this contract shall be prevented or delayed by reason of any war, or hostility, acts of the public enemy, civil commotion sabotage, fires, floods, explosions, epidemics, quarantine restrictions, strikes, lockouts or act of God (Herein after referred to as events) provided notice of happenings, of any such eventuality is given by either party to the other within 21 days from the date of occurrence thereof, neither party shall by reason of such event be entitled to terminate this contract nor shall either party have any such claim for damages against the other in respect of such non-performance and work under the contract shall be resumed as soon as practicable after such event may come to an end or cease to exist, and the decision of the BSNL as to whether the work have been so resumed or not shall be final and conclusive, provided further that if the performance, in

whole or part of any obligation under this contract is prevented or delayed by reason of any such event for a period exceeding 60 days either party may, at his option terminate the contract.

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

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

undamaged and acceptable materials bought out components and stores in the course of

execution of the contract, in possession of the contractor at the time of such termination of such

portions thereof as the BSNL may deem fit excepting such materials bought out components and

stores as the contracts may with the concurrence of the BSNL elect to retain.

12. ARBITRATION : 12.1 In the event of any question, dispute or difference arising under this 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 for the sole arbitration of the Chief General Manager or in case his designation is changed or his office is abolished then in such case to

the sole arbitration of the officer for the time being entrusted whether in addition to the functions of the Chief General Manager or by whatever designation such officers may be

called (hereinafter referred to as the said officer ) and if the Chief General Manager, ( Bihar

circle) or the said officer is unable to act as such to the sole arbitration or some other person appointed by the Chief General Manager, or the said officer. The agreement to appoint an arbitrator will be in accordance with the Arbitration and Conciliation Act 1996. There will

be no objection to any such appointment that the arbitrator is BSNL Servant or that he has to deal with matter to which the agreement relates or that in the course of his duties as BSNL

Servant has expressed view 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 unable to act for any reasons whatsoever such Chief

General Manager 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 stag at which it was left out by his predecessors.

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

12.3 The venue of the arbitration proceeding shall be the office of the Chief General Manager, (Name of the circle) or such places as the arbitrator may decide. The following procedure shall be followed:

12.3.1 In case parties are unable to reach a settlement by themselves, the dispute should be submitted or arbitration in accordance with contract agreement.

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12.3.2 There should not be a joint submission with the contractor to the sole arbitrator. 12.3.3 Each party should submit its own claim severally and may oppose the claim put

forward by the other party. 12.3.4 The onus of establishing his claims will be left to the contractor. 12.3.5 Once a claim has been included in the submission by the contractor, a reiteration or

modification there of will be opposed. 12.3.6 The “points of defence” will be based on actual conditions of the contract. 12.3.7 Claims in the nature of ex-gratia payment shall not be entertained by the Arbitrator

as these are not contractual. 12.3.8 The question whether these conditions are equitable shall not receive any

consideration in the preparation of “points of defence”. 12.3.9 If the contractor includes such claims in his submission, the fact that they are not

contractual will be prominently placed before the Arbitrator.

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

13 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 the BSNL or the BSNL or any other person contracting through the BSNL of India and set off the same against any claim of the BSNL or BSNL such other person or persons for payment of a sum of money arising out of this contract made by the Contractor with BSNL of BSNL or such other person contracting through BSNL of India.

14 Termination for Insolvency :

14.1.1 The BSNL may at any time terminate the Contract by giving written notice to the Contractor, without compensation to Contractor, if the Contractor becomes bankrupt or otherwise insolvent as declared by the competent court provided that such termination will not prejudice or affect any right or action or remedy which has accrued or will accrue thereafter to the BSNL.

15.1 Optional Termination by BSNL (Other than due default of the Contractor):

15.1.1 The BSNL may, at any time, at its option cancel and terminate this contract by written notice to the contractor, in which event the contractor shall be entitled to payment for the work done up to the time of such cancellation and a reasonable compensation in accordance with the contract prices for any additional expenses already incurred for balance work exclusive of purchases and/or whole of material, machinery and other equipment for use in or in respect of the work.

15.1.2 In the event of the termination of the contract, the contractor shall forthwith clear the site of all the contractor’s materials, machinery and equipment’s and hand over possession of the work/operations concerned to the BSNL or as the BSNL may direct.

15.1.3 The BSNL may, at its option, cancel or omit the execution of one or more items of work under this contract and may part of such items without any compensation whatsoever to the contractor.

15.2 Issuance of Notice : 15.2.1. The AGM/DE in-charge of work shall issue show cause notice giving details of lapses,

violation of terms and conditions of the contract, wrongful delays or suspension of work or slow progress to the contractor directing the contractor to take corrective action. A definite time schedule for corrective action shall be mentioned in the show cause notice. If the contractor fails to take corrective action within the stipulated time frame, the Divisional Engineer in–charge shall submit a draft of final notice along with a detailed report to the competent authority who had accepted the contract.

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15.2.2 The final notice for rescission of contract to the contractor shall expressly state the precise date and time from which the rescission would become effective. The following safe guards shall be taken while issuing the final notice. a) During the period of service of notice and its effectiveness, the contractor should not

be allowed to remove from the site any material/equipment belonging to the BSNL. b) The contractor shall give in writing the tools and plants he would like to take

away/remove from the site. Such of the materials as belong to him and which may not be required for future execution of balance work may be allowed by the Divisional Engineer in-charge of work to be removed with proper records.

c) No new construction beneficial to the contractor shall be allowed. d) Adequate departmental security arrangement in replacement of the contractor

watch and ward shall be made forthwith. Expenses on this account are recoverable from the security deposit or any amount due to the contractor.

16.0 Labour licence/ Registration:

The contractor shall obtain a valid labour licence/registration (as case may be) under the contract Labour act 1970 and the contract labour (regulation & Abolition) Central Rules 1971 before commencement of the work and valid till the work completion. The valid labour licence/registration to be obtained & submitted with in 30 days of aggrement and before the issue of work order. Any failure to fullfill the requirement shall attract the penal provisoions of the contract arising out of the result of non-execution of work.

17. QUERIES ON BID DOCUMENTS: 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 indicated in the invitation for Bids. The BSNL shall respond in writing to any request for clarification of the Bid Documents, which it receives not later than 3 days prior to the date for the opening of the Technical bids. Copies of the query (without identifying the source) and the clarifications by the BSNL shall be made available on the website & also will be sent to all the prospective bidders who have purchased the bid documents and all such clarifications issued by the BSNL will form part of the bid document.

18. AMENDMENT OF BID DOCUMENTS:

18.1 . At any time, prior to the date for submission of bids, the BSNL may, for any reason whether suo motto or in response to a clarification requested by a prospective Bidder, modify the bid documents by amendments.

18.2 . The amendments shall be notified in writing or by telex or FAX 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.

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

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Section - III

SPECIAL CONDITIONS FOR THE TENDERER

Scope of the work and special conditions for the tender

1.0 Scope of work under Up-keep of BTS infrastructure items and operations of DG sets &

ACs on day to day basis broadly (not limited to the list indicated below only) covers: -

1.1 Cleaning of BTS equipment, power plant, electrical panel, DG sets, batteries, oil

tanks and shelter and BTS premises etc on day to day basis

1.2 Routine operation of air conditioners, Engine Alternator, A/C controllers, tower lights

( if installed) and stabilizers etc.

1.3 Upkeep of AMF panels, DCDB, Servo stabilizers, MCBs, commercial energy

supplies and power cables.

1.4 Topping up of DG batteries, its cleaning and applying petroleum jelly on terminals.

Material required in this regard shall be provided by BSNL.

1.5 Extending due help in replacement of fuses, MCBs, contactors, relays, electrical

fittings, switches etc.

1.6 Extending due help in replacement of DG fuel pipe, air and fuel filters, lubricating oil etc.

1.7 Extending due help in attending faults related to infrastructure as reported from OSS.

1.8 Extending due help in attending electrical wirings/ jumpering faults as and when required.

1.9 Extending due help & pursuance with commercial/ electric authorities for collection and payment of electricity bills and restoration of electricity in cases of break down of power supply.

1.10 Filling of diesel and lubricants in DG sets (also may be Located at roof top).Diesel

shall be supplied by BSNL.

1.11 Ensuring security and safety of BTS equipment and all other associated equipment and

infrastructure items installed at the station.

1.12 Ensuring lighting of aviation lights during evening/night to avoid aviation hazards

1.13 Immediate reporting of faults and/or any untoward incidence, if occurred at the station to the designated BSNL officer with in prescribed time period.

1.14 Submission of monthly feedback report to concerned AGM/SDE in the proforma specified at the time of agreement.

1.15 The representative of the contractor shall be required to fill logbook (In prescribed format if needed) provided by BSNL at the respective sites. The logbooks shall have the data /records in respect of inventory at site, day to day operations of DG sets, details of activity performed by BSNL or contractor’s representatives at site and it shall be responsibility of contractor’s representative for safe custody of logbooks and produce the same as and when demanded by BSNL’s representative.

1.16 Tenderer/supervisor/representative of tenderer will meet nominated representative of

BSNL on daily basis to discuss and record, interruptions reported on previous day.

1.17 Restricting access to the site for un-authorize persons and opening & closing of the gate

as and when required.

1.18 Running water pump(if any) as and when required.

1.19 Watering plants(if any) as and when required.

1.20 Any other works that may be incidental and related to proper up keep of the telecom site.

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2.0 PENALTY CLAUSE:

2.1 Penalty shall be imposed in case of non or partial or delayed performance of works with in

stipulated time frame as per details given below:-

2.1.1 Penalty shall be charged on the basis of improper upkeep of station which includes no or improper cleaning, loss of any material or revenue loss on account of negligence by representative of the bidder at the station or improper operation of DG sets & Air Conditioners and other electrical appliances installed at the station, resulting unforeseen beak down of systems or failure of equipment/appliances etc.

2.1.2 The rate of penalty per day for improper up-keeping of station and installed items, not resulting break down of services or performance of any item shall be charged @ 2 % of monthly billed amount per BTS, subject to maximum limit of 10 % of total tender cost as penalty in each month.

2.1.3 In the event of total breakdown or non availability of services due to non performance of

duties or improper handling of equipments installed at the station by the bidder’s representative

penalty shall be charged @ Rs 500.00 per hour per site for failure of each station subject to

maximum 10 % of total tender cost as penalty in each month. If the individual site remains

interrupted for more than 7 days in a month then no upkeep charges will be paid for that

month against that site and a panelty will also be liable to be recovered in addition as

mentioned above.

2.1.4 In case of dispute regarding deciding reasons for total breakdown of the station or any of its item such as DG set/ ACs and Power Plants on account of failure or mistake by day to day operation/ up-keeping staff, decision of the SSA Head (as the case may be) shall be final and binding on both the parties.

2.1.5 In case of total damage or loss/theft of equipment due to improper handling or negligence of the bidder, bidder shall be liable to pay the cost of damaged/lost equipment or actual cost of restoration of equipment done either by AMC vendor or by any other agency engaged by BSNL in this regard.This recovery is in addition to the penalty imposed.

2.2 Penalty for delayed or partial performance of work shall be charged @ 5% cost of work order for

each BTS for that month. However, in case of partial performance of work, BSNL reserves the

right to get work done by using its own resource or engaging out side agency and cost incurred

towards such activity/activities shall be borne/ recovered by/from the contractor.

2.3 Time for the delay in performance shall be counted after 1 hour of reporting through

SMS.However the same will be covered by BSNL through E-mail / FAX.SMS record will be kept

by both parties and will be reconciled on next working day in a register to be maintained in BSNL

office.

2.4 Penalty shall be recoverable from the bills of contractor and/or by adjustment from the security deposite or from the bills of any other contract.Security deposite will have to be recouped by tenderer before issue of next work order.

2.5 Bidder or his representative shall be available at Nagaur for reconcillation of faults as mentioned in clause 2.3 above.

Note:- If the Bid documents is found tempered or any of the document submitted by the bidder is found fake under the routine departmental process for verification at any stage i.e. Pre or Post awardness of the contract:- (A). The the aggrement shall be cancelled and EMD/SD shall be forfeited (B). The case shall be recommended to declare the Company/ Firm blacklisted. (C). The bidder shall be liable to face the legal action accordingly.

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2.6. The penalty shall be imposed with respect to availability time/failure time

a. Equal/above 95 % availability full billed amount payment per month

b. Equal/above 90 % availability Less 2 % of billed amount payment per month

c. Equal/above 85 % availability Less 5% of billed amount payment per month

d. Equal/above 80 % availability Les 10 %of l billed amount payment per month

d. Equal/above 70 % availability Less 15 % of l billed amount payment per month

e. Equal/above 60 % availability Less 20% of l billed amount payment per month

f. Equal/above 50 % availability No payment for failure 50 % and above.

3.0 PAYMENTS:

As per details given in clause no. 8 of section II of bid document.

4.0 BIDDING PROCESS & ITS EVALUATION:

4.1 There will be two stage biddings. Technical bids shall be opened first and bidders who are found eligible in technical bid evaluation shall be considered for opening of their financial bids. It may not be necessary that financial bid is opened on the same date. The date and time for opening of financial bid (if opened on a different date) shall be communicated to all those bidders who are found eligible in technical bid evaluation.

4.2 Selection of the bidder shall be done based on their price ranking arrived in financial

evaluation of the bid.

5.0 AWARD OF WORK

5.1 Work shall be awarded to successful bidder after signing of agreement and depositing of

performance security amount, as indicated in LOI. The award of work shall be done broadly on

monthly basis.

6.0 Damage/Loss of Property:-

If damage/loss of any equipment or installations at the premise of BTS site is done by contractor’s representative due to improper handling or negligence, the cost towards recovery of the said equipment/installations & loss of revenue (if any), due to non-operation of damaged/lost equipment/installations shall be borne by the contractor.

7.0 The Contractor shall not engage any BSNL employee (Regular/Casual) for getting his job executed. If at any stage it is found doing so, then the TDM Motihari (Bihar) has the right to impose any suitable penalty even to the extent of termination of the contract leading to the forfeiture of security money.

8.0 The BSNL shall not take any responsibility of providing any facility to the workforce by the contractor. BSNL shall not supply any support material for the livelihood of workforce

engaged at the stations, except those required for day to day operation & up-keep of station.

9.0 The bidder shall be responsible for the safety & security of their workforce and also the equipment installed at the station. In case of any damages to BSNL property the same shall be charged as per penalty conditions defined in clause no.2.1.5 above.

10.0 In case of non or partial/ unsatisfactory performance of the work, BSNL reserves the right to carry out any work in part of full through department or through any other contractor/agency. Expenditure if any, towards execution of such work shall be recovered from contractor.

11.0 Workmen’s Quality/Skills & Team formation:

11.1 Contractor shall be be fully responsible to cayyout work assigned to him smoothly and without any delay, work force having basic knowledge of operations of DG sets (15 KVA & above capacity) and Air-conditioners (both Window and split) and should be capable of maintaining a logbook as per requirement at the site.

11.2 There shall be proper supervisory control over the different teams deployed by the Contractor. The Contact details of supervisors (mobile number and address of work place & residence etc) need to be supplied at the time of agreement fulfilling the condition of clause 2.2 of this section. It shall be desirable to deploy supervisors having diploma degrees in Electrical/Electronic Engineering.

11.3 It shall be responsibility of the contractor or his representative to send weekly schedule for deployment of team to the respective BSNL site incharges, before deploying them actually

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at any site. Sites getting unattended due to non-availability of team shall amount non performance of job and due penalties shall be levied as per penalty clause mentioned in para 2.0

11.4 Contractor’s representative at site shall be responsible for reporting of any fault or untoward activity or malfunctioning of any equipment to BSNL site incharge, as far as possible immediately, but not exceeding one hour in any case. The details of procedure for escalation of various nature of faults/ problems shall be given by BSNL at the time of agreement of contract.

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12.0 Labour Welfare & Compensations:

12.1 Contractor shall be responsible for all the “compensations to” and “claims of the” work forcei engaged by him for upkeep and operations at BTSs including their registrations with nearest labour office (if required as per law) and insurance in accordance with norms of Government of India in this regard. BSNL shall not be responsible for any claims on this matter during and after contract period.

12.2 Contractor shall be solely responsible for following all provisions of labour laws and compensation in this regard if any due to not following of certain provisions of the labour laws, shall be paid by the contractor. BSNL shall not be responsible in this regard.

12.3 Any failure to fulfil the requirement of existing instructions of different government departments shall be responsibility of tenderer and attract the penal provisions of this contract arising out of the resultant non execution of the work.

12.4 No workforce below the age of eighteen years shall be engaged on the work.

13.0 Other labour welfare measures:

13.1 The contractor shall implement the workforce welfare measures enunciated in clause 19B, 19C,

19E, 19G, 19H, 19L and 19J of the conditions contract in the PW 8. 13.2 The contractor shall also follow the safety methods enunciated in the CPWD safety code. 13.3 The contractor shall comply with all the provisions of the Minimum Wages Act, 1948,

Contract Labour (R & A) Act, 1970 and rules framed and other labour laws affecting contract workforcer that may be brought into force from time to time.

13.4 Even during the arbitration the work can not be stayed because it pertains to the essential public utility service the department reserves the right to get the work completed either departmentally or through any other contractor at the risk and cost of contractor.

13.5 If the contractor refuses for executing any specified work, the department reserves the right to get the work done by other agencies even at higher rates and the difference of the cost will also be deducted from the contractors pending bills or security money as the case may be.

13.6 The contractor shall also provide reliever to its w o r k f o r c e s on National/Gazetted holidays/Sundays or if any workforce on leave

14. EPF/ESI PROVISIONS

The agency has to comply with the provisions of EPF/ESI and miscellaneous provisions ACT 1952 and employees provident fund scheme – 1952 as amended up to dated in respect of work force / employees engaged by them for this work. Any consequence arising due to non complying of provisions as specified Above shall be the sole responsibility of the Contractor only.

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15.0 PARTICIPATION OF NEAR RELATIVES OF THE B.S.N.L. EMPLOYEES IN THE TENDER

It has been decided that the near relatives of all B.S.N.L. Employees either directly recruited or on

deputation are prohibited from participation in tenders for execution of works in the different units

of BSNL. The detailed guidelines in this regard are given in the following paragraphs.

i) The near relatives for this purpose are defined as: a) Members of a Hindu Undivided Family. b) 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 husband (son-in-law), brother(s) & Brother’s wife, Sister(s) & Sister’s husband (Brother-in-law).

ii) As per Government of India’s CCS Conduct rule 4 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. This clause is

applicable to all B.S.N.L. employees and in view of this as soon as any BSNL employee becomes

aware of the above aspect, he must intimate this to the prescribed authority. For non executive

employees this authority is SSA Head/Circle Head/Chief Engineer/Chief Archt./ Corporate office

under whom he is posted. For executive employees (at present some of them are called as

Gazetted Officers) the prescribed authority for this purpose is Circle Head Chief Engineer/Chief

Archt./ Corporate office under whom he is posted.

iii) 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 executive employees (including those called as Gazetted Officers at present). Therefore, it has been decided by the competent authority that a clause must be added in the tender and other related documents 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. In case of proprietorship firm certificate will be given by the proprietor, for partnership firm certificate will be given by all the partners and in case of limited company by all the Directors of the company. 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 and BSNL will, not pay any damages to the company or firm or the concerned person. The company or firm or the person will also be debarred for further participation in the concerned unit.


Section - IV

PROFILE OF THE BIDDER

1. Full Name of the Bidder

2. Address

E-mail address

3. Telephone numbers Office FAX Mobile

4. Firm, whether Proprietary / Partnership / Private Limited / Public Limited

5. Registration of Firm Particulars

6. Turnover during 2013-14 (Copy of balance sheet and income tax return to be enclosed)

7. Experience in related field (Please enclose experience Certificate)

8. Copy of PAN

Date (Signature & seal of tenderer)

Name of Tenderer

Address

BID FORM

To

TDM

Motihar

i

Dear Sir,

Name of SSA

Tender No. _ Date :

Having examined the terms & conditions of contract and specifications, the receipt of which is hereby duly acknowledged, we, undersigned, offer to take up the work of Up-keep of BTS infrastructure items like WAC/ Split AC and Operations of DG/ACs sets on day to day basis including its safety, in conformity with the said conditions of contract and specifications for the rate mentioned in financial bid.

We undertake, if our Bid is accepted to conduct the said work as specified in the contract within

time schedule prescribed in the tender, from the date of issue of your confirmed work order.

If our bid is accepted, we will obtain the guarantees of a scheduled bank in a sum equal to 10% of the contract sum for the due performance of the contract.

We agree to abide by this bid for a period of 180 days from the date fixed for bid opening and it

shall remain binding upon us and may be accepted at any time before the expiry of that period.

Until a formal work order of contract is awarded and executed, this bid together with your written

acceptance thereof in your notification of award shall constitute a binding contract between us.

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

We understand that you are not bound to accept the lowest or any bid, you may receive.

Dated this .................. day of................... 2015

Signature of ............................................ In capacity of ....................................................

Duly authorised to sign the bid for and on behalf of

..........................

Witness ...................................

Address .......................... Signature .................................

Page 20 of 30 Signature and Seal of the Bidder

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Non-reltaive Certificate

I _ S/o

_ resident of

hereby certify thatnone of my relative(s) or relative of parent (s)or Directors(s) of our firms as detailed below are employed or no deputation in BSNL. In case at any stage it is found that information given by the me/us is false/incorrect BSNL shall have the absolute right to take any action as deemed fit/without any prior intimation to me/us. Relative for this purpose are defined as :-

(i) Member of Hindu Undivided family. (ii) They are husband and wife. (iii) The one is related to the other in the manner as father, mother, son(s) &

son’s wife (daughter in law), daughter(s), daughter’s husband (son in law) & brother(s) & brother’s wife, sister(s) & sister’s husband (brother in law)

To be sighed by :-

(a) Signature of Proprietor in case of Proprietorship Firm.

……………………………………………………………..

(b) Signature of all partners in case of Partnership Firm.

(i) ………………………………………………………….

(ii) ………………………………………………………….

(iii) ………………………………………………………….

(iv) ………………………………………………………….

(c) Signature of all Directors of Company in case of Ltd. or pvt. Ltd. Company.

(i) ………………………………………………………….

(ii) ………………………………………………………….

(iii) ………………………………………………………….

(iv) ………………………………………………………….

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FORMAT OF LETTER OF AUTHORISATION FOR ATTENDING BID OPENING

Subject: Authorisation for attending bid opening on _ (date) in the tender of .

.

Following persons are hereby authorised to attend the bid opening for the TENDER

mentioned above on behalf of (Bidder) in order of

preference given below.

Order of Preference Name Specimen Signatures

I

II

Alternate Representative Signatures of bidder

or Officer authorised to sign the bid

documents on behalf of the bidder.

No. 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

authorisation as prescribed above is not recovered.

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Section - V

AGREEMENT

(Format)

This agreement made on the day of 2015 between BSNL, a Company

registered under the Companies Act, 1956 and having its Registered Office at 148-B, Statesman

House, Barakhamba Road, New Delhi-110001, through its Office in Rajasthan Telecom Circle O/o

TDM Motihari (Rajasthan), hereinafter called (which expression shall unless repugnant to the context and

meaning shall deem to mean and include its successors and assigns) of the one party

And

M/s , a Company registered under the Companies Act

/ a Partnership firm constituted having its place of business/ Registered Office at

_.

Herein referred to as “BTS Upkeep Contractor” (which expression shall unless repugnant to the context or meaning thereof shall deem to mean and include its/his/her/their respective heirs, executors, administrators and successors/ the partner(s) for the time being of the said firm, the survivor(s) of them and the executors, administrators and successors of the surviving partners as the case may be) of the other party.

WHEREAS

BSNL is inter-alia engaged in the business of providing cellular mobile telephone services in the service area all over the country (except jurisdiction of BSNL) as provided in the license issued to it by the Department of Telecommunications, Govt. of India.

For the BTS Upkeep for BSNL Nagaur SSA, requires specialized services of agencies,

which can carryout the above functions.

The BTS Upkeep Contractor has represented to BSNL that it has the requisite skills, knowledge, experience, expertise, infrastructure and capability to act as a BTS Upkeep Contractor and that it has trained and experienced persons have requisite skills, knowledge to perform the functions in accordance with the terms of this agreement. After evaluation of the agency on the basis of their presentation and negotiation further and the financial bid submitted by them under sealed tender and further negotiations. BSNL has agreed to accept the offer of the BTS Upkeep Contractor on the terms and conditions contained in this agreement.

The parties hereto agreed to record the terms and conditions as follows:

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NOW THEREFORE THIS AGREEMENT WITNESSETH AS FOLLOWS:

1. APPOINTMENT AND SCOPE OF WORK: Whereas the contractor has made the offer to duly perform the work under this contract of the BTS UP-Keep for BSNL ‘Mobile Services Network’ Telecom District manager , SSA . After making himself aware and understanding fully the implications of the terms and conditions and specifications in the contract and related documents. The NIT, Tender document, Letter of Intent & any subsequent direction given by BSNL to BTS Upkeep Contractor shall form integral part of this agreement.

BSNL has agreed to appoint the BTS Upkeep Contractor on contract basis. BTS Upkeep

Contractor has agreed to act as such on the terms and conditions as specified in this

Agreement. BSNL shall from time to time issue guidelines as to the manner in which the BTS

Upkeep Contractor’s duties and obligations under the Agreement shall be performed and the

BTS Upkeep Contractor shall ensure strict compliance of the guidelines.

BSNL at its own discretion, may carryout the certain percentage of work by themselves.

2. PERIOD:

The Agreement shall be valid for a period of 12 months from the date mentioned hereinabove, unless otherwise terminated by BSNL as provided under this Agreement. Further extension for One year on performance shall be at the sole discretion of BSNL and on the terms and conditions to be decided by BSNL. The decision of BSNL in this regard shall be final & binding.

3. FEES AND CHARGES:

I) Fees and charges for the services rendered are prescribed in annexure-I to this agreement.

II) All the payments to the BTS Upkeep Contractor shall be made after making statutory deductions, if any under the relevant laws. BSNL shall also have the right to set off, deduct and recover from the fees and charges and/or from any other sum payable to the BTS Upkeep Contractor, any and all amounts which may be or become payable by the BTS Upkeep Contractor to BSNL.

4. AGENCY’S REPRESENTATIONS AND WARRANTIES BY AGENCY: The

BTS Upkeep Contractor hereby represents, warrants and confirms that: -

4.1 It has full capacity, power and authority to enter into this Agreement and during the continuance of this agreement, will continue to have full capacity, power and authority to carry out and perform all its duties and obligations as contemplated herein. It has already taken and will and continue to take all necessary and further actions (including but without limitations the obtaining of necessary approval/consents in all applicable jurisdictions) to authorize the execution, delivery and performance of this Agreement.

4.2 It has the necessary skill, knowledge, experience, expertise, adequate capital and competent personnel, system and procedures, infrastructure and capability to perform its obligations in accordance with the terms of this Agreement and to the satisfaction of BSNL.

4.3 The execution of this Agreement and providing services by the BTS Upkeep Contractor to BSNL, does not and will not violate, breach and contravene any condition of any agreement entered with any third party/ies.

4.4 Has complied with and obtained necessary permissions/ licenses/ authorizations under the Central, State and Local authorities and obtained all required permissions/ licenses for carrying out its obligation under this Agreement.

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5. BTS UPKEEP CONTRACTOR’S COVENENTS:

The BTS Upkeep Contractor hereby agrees, undertakes and confirms as under:-

5.1 That the BTS Upkeep Contractor shall carry out its obligations and functions under this Agreement strictly in accordance with all the guidelines, instructions, manuals and procedures etc. (hereinafter referred to as guidelines) prescribed by BSNL in connection with this Agreement from time to time.

5.2 The BTS Upkeep Contractor shall immediately notify BSNL in writing of any event which may result in or which may give reason to believe that may cause work stoppage, slowdown, Workforce dispute, strike, any workforce disruption or any other impediments or disruptions in the due performance of obligation of the BTS Upkeep Contractor under this Agreement. The BTS Upkeep Contractor shall forthwith submit the report of the events resulting in stoppage of work to BSNL. The BTS Upkeep Contractor agrees that notwithstanding anything contained in this Agreement in the event of any of the eventualities mentioned herein above BSNL shall have a right to terminate this Agreement by giving seven days notice to the BTS Upkeep Contractor.

5.3 The BTS Upkeep Contractor shall not at any time use or attempt to use BSNL’s name or logo for any purpose including for the purpose of this Agreement unless specifically authorized by BSNL in writing.

5.4 The BTS Upkeep Contractor shall ensure that its workforce shall at all times conduct themselves within the parameters of laws and shall not commit, abet or permit the commission of any illegal act while working in the course of this Agreement. In the even of any illegal act being committed or abetted, the BTS Upkeep Contractor shall be liable for all consequences thereof and BSNL shall not be liable either directly or indirectly.

5.5 The BTS Upkeep Contractor shall obtain all the requisite License/ permission/ authorizations from state/ central Government agencies on labour contract & shall abide by insurance rules in this regard under all the applicable laws and keep the same valid by renewing from time to time as required under the various Acts/ Laws.

5.6 The BTS Upkeep Contractor shall maintain all the registers and records required to be maintained under the various workforce Enactments and Rules framed there under.

5.7 The BTS Upkeep Contractor shall ensure that no personnel employed by the BTS Upkeep Contractor commits any misconduct or acts in contravention of any of the provisions of this Agreement or instructions issued by BSNL from time to time or commits any fraud or is involved in any criminal or civil case. If any personnel commits any misconduct or is involved in criminal case or is guilty of acting in contravention of any provisions of this Agreement or any law, the BTS Upkeep Contractor agrees to indemnify and keep BSNL indemnified from the consequences of any such act of the personnel as a result which BSNL has suffered or is likely to suffer any loss.

5.8 The personnel employed by the BTS Upkeep Contractor shall not have any claim whatsoever on BSNL and shall not raise any Industrial dispute, either directly or indirectly, with or against BSNL, in respect of any of the service condition or otherwise.

5.9 It is further expressly clarified and agreed that in case of death or bodily injury to any such work force appointed by the BTS Upkeep Contractor in some courses of carrying out of the services of this Agreement, BSNL shall not be liable or bound to pay any monetary compensation or otherwise be responsible in any way, whatsoever.

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5.10 That the BTS Upkeep Contractor shall immediately notify BSNL in writing if any of its representatives or any other workforce engaged by the BTS Upkeep Contractor has committed any breach of any of the employment agreement or has committed any act amounting to moral turpitude or has been arrested by the police or removed from the employment of the BTS Upkeep Contractor or committed any act which in the opinion of the BTS Upkeep Contractor affects the integrity of the person. BSNL shall have the right to call upon the BTS Upkeep Contractor to replace any employee/ agent of the BTS Upkeep Contractor who In the sole opinion of BSNL is jeopardizing the interest of BSNL and the BTS Upkeep Contractor shall forthwith comply with the demand of BSNL.

5.11 That the BTS Upkeep Contractor shall procure from its W ork f or ce for the time being and from such other staff as BSNL may require, an undertaking not to disclose to any third party any confidential information or knowledge concerning the business of BSNL and take such steps at the BTS Upkeep Contractor’s own expense as BSNL may direct in order to enforce or retain any breach of the terms of any such undertaking.

5.12 That the BTS Upkeep Contractor specifically convents that the BTS Upkeep Contractor and / or any of it’s r e p r e s e n t a t i v e s of any other w o r k f o r c e employed by the BTS Upkeep Contractor for the purpose of this agreement shall not use any illegal or unlawful means in performing its obligations under this agreement. For any illegal or unlawful means employed by the BTS Upkeep Contractor and / or any of it’s employees or any other person the BTS Upkeep Contractor shall alone be responsible and aggress to indemnify and keep indemnified BSNL Cellone at all times against any suits, claim, demands, petitions, actions, proceedings etc filed/initiated against BSNL Cellone by any person for reason whatsoever and against any loss, damage, claims, costs, charges, expenses.

5.13 The BTS Upkeep Contractor and its representatives shall not claim any lien on the amount collected by the BTS Upkeep Contractor even if any amount is due and payable by BSNL Cellone to the BTS Upkeep Contractor.

5.14 The BTS Upkeep Contractor under takes to execute such other documents as may be required by BSNL Cellone.

6. CONFIDENTIALITY AND NON-DISCLOSURE

6.1 All details, documents, data, applications, software, systems, papers, statements,

business/customer information and BSNL’s practices and trade secrets (hereinafter referred

to as “Confidential Information”) which may be communicated to the BTS Upkeep Contractor

and/or it’s representatives shall be treated as absolutely confidential and the BTS

Upkeep Contractor irrevocably agrees and undertakes and ensures that the BTS Upkeep

Contractor and all its employees shall keep the same secret and confidential and not disclose

the same, in whole or in the part of any person without the prior written permission of

BSNL not shall use or allow to be used any information than as may be necessary for the

due performance of the BTS Upkeep Contractor’s obligation hereunder. The BTS Upkeep

Contractor hereby specifically agrees to indemnify and keep BSNL indemnified safe and

harmless at all times against all or any consequences arising out of any breach of this

undertaking by the BTS Upkeep Contractor and/ or its representatives and shall immediately,

reimburse and pay to BSNL on demand all damages, loss, cost, expenses or any changes

that BSNL may suffer, incur or pay in connection therewith.

6.2 Take all necessary action to protect the confidential information against misuse,

loss, destruction, deletion and/ or alteration.

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6.3 Not to misuse or permit misuse directly or indirectly, commercially exploit the confidential information for economic or other benefit.

6.4 Not to make or retain any copies or record of any confidential information submitted by BSNL other than as may be required for the performance of the BTS Upkeep Contractor’s obligation under this agreement.

6.5 Notify BSNL promptly of any unauthorized or improper use or disclosure of the information.

6.6 Return all the information, which is in the custody of the BTS Upkeep Contractor at

the end of the specific assignment.

6.7 The BTS Upkeep Contractor hereby unconditionally agrees and undertakes that it shall not and that it’s representatives shall not disclose or publish the terms and conditions of this agreement or disclose the information submitted by BSNL under this agreement to any third party unless such disclosure is required by law.

7. INDEMNITY: 7.1 The BTS Upkeep Contractor hereby agrees and covenants to indemnify and keep

indemnified BSNL against:-

i) All loss, misappropriations, misuse or damage of or to the documents of any other

security instruments which are in possession of the BTS Upkeep Contractor or its

representatives or within the control of the BTS Upkeep Contractor or its workforce l.

ii) Any or all claims, liabilities, damages, losses, costs, charges, expenses, proceedings and actions of any nature whatsoever made or instituted against BSNL and/ or any customer directly or indirectly by reason of.

On behalf of BSNL for

The parties to this agreement have set their hands on the day mentioned hereinabove.

SIGNED AND DELIVERED by the within named party i.e. BSNL under the hands of Shri SIGNED AND DELIVERED by the within named party

i.e. (Name of Company)

Shri

Section - VII

DETAILS OF THE BTS Sites OF Motihari SSA

S. No

Name of BTS Workforce required

Name of SDCA

1.

2.

3. 4.

5. 6.

7.

8.

9.

10.

11. 12.

13. 14. 15.

16. 17.

18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29.

Note: -Sites may be changed as per actual requirement. TDM Motihari

reserves the right to change any site.


Financial Bid

To,

The TDM Motihari

Subject:- Our Financial Bid for Up-keep of BTS Works in Nagaur SSA.

Ref::-Tender No:- S-4-65/TENDER/BTS/Up-Keep/NUR SSA/14-15/12 Dated:05.05.2015.

Dear Sir, Having examined the TENDER documents, terms and conditions stipulated there in,

specifications of work etc., we the under signed offer to execute the Works in conformity with the said specifications and conditions of contract at the servce charge to be paid to each work force.

Sl No Nature of work Rs. In Figure Rs. In words

1 Upkeep of BTS charrges each site per month

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

We agree to abide by this bid for a period of 180 days from the date of opening of financial bid and it shall remain binding upon us and

may be accepted at any time before the expiry of that period. Rates quoted must be inclusive of all taxes and duties except Service

Tax. Service Tax will be paid extra as applicable. Rates will remain fixed for the duration of agreement any increase/decrease in wages

of the work force will be borne by the BSNL.

Note:

1. The quoted rates should be inclusive of all levies and duties, except Service Tax which will be paid extra as applicable.

2. The rates must be quoted in figures as well as words. 3. There should be no overwriting/correction. Correction if any, must have full signatures. 4. The tenderer/representative should sign on all the pages of bid document. 5. The bid of tenderer who quotes un-realistic rates i.e. negative rates etc. will be rejected. 6. No TA/DA is admissible to the person attending the bid.

Signature of tenderer Name & Address

Phone (Off)
