BHARAT SANCHAR NIGAM LIMITED (A Govt. Of India Enterprise) Office of the General Manager, BSNL, Kollam Tender Document.

Transcription

1 BHARAT SANCHAR NIGAM LIMITED (A Govt. Of India Enterprise) Office of the General Manager, BSNL, Kollam Tender Document e-tender for Supply of Man Power Assistance for External plant maintenance work of Zone No. II Karunagapally Zone - in Kollam SSA Tender No: N-4/Tender/ Manpower/Extl Plant Mtce/KPY Zone/ /2 Dated at Kollam, the Document Number: Bidder s Name & Address: Name of the Zone : Zone-2 Karunagapally. Cash Receipt no: DD/ No.: DD Date: BANK: Cost of Tender document: Rs 1180/- Page 1 of 56

2 TABLE OF CONTENTS Sl. No Section Contents Page No. 1 I Notice Inviting Tender (NIT) 3 2 II Part- A TERMS AND CONDITIONS 6 3 II Part- B E-Tendering Instructions to Bidders 27 4 III CLAUSE RELATING TO GST 32 4 IV Check List 34 5 V Tenderers Profile 36 6 VI Letter of Authorisation for attending Bid opening 37 7 VII BID Form 38 8 VIII Near relative certificate 39 9 IX Agreement X Bank Guarantee Bond Form for SD XI Annexure I Assessment of Man Power for assistance XI Annexure II - EMD RATE XI Annexure III List of Exchanges Zone XI Annexure IV Mandate Form for Transfer of Payment Through Electronic Clearance/Electronic Fund Transfer XI Annexure V - Format of Absentee Statement XI Annexure VI Undertaking & Declaration XI Annexure VII EPF/ESI Undertaking XI Annexure VIII -Certificate for Tender Document Downloaded 53 from Internet 19 XI FINANCIAL BID 55 Page 2 of 56

3 BHARATH SANCHAR NIGAM LIMITED (A Govt. Of India Enterprise) Office of the General Manager, BSNL, Kollam SECTION -I Tender No: N-4/Tender/ Manpower/Extl Plant Mtce/KPY Zone/ /2 Dated at Kollam the NOTICE INVITING TENDER E-TENDER FOR SUPPLY OF MAN POWER ASSISTANCE FOR EXTERNAL PLANT MAINTENANCE WORK OF ZONE NO.2 KARUNAGAPALLY ZONE - IN KOLLAM SSA On behalf of the Chairman and Managing Director, Bharat Sanchar Nigam Limited by General Manager, Telecom District, Kollam, E-tender is invited on two stage bidding system from eligible and experienced firms/individuals with EPF, ESI and GST registration for providing Manpower assistance for External Plant maintenance Zone No.2 Karunagapally Zone in Kollam Telecom District. 1. Area of contract work: Sl. No Item Particulars 1 Tender No. & date Tender No: N-4/Tender/ Manpower/Extl plant mtce/kpy Zone/ /2 Dated at Kollam the Tender Item Supply of Man Power Assistance for External plant maintenance work of Zone-II Karunagapally zone in Kollam 3. Online sale of document From hrs on to hrs on Last date and time of online submission of Eligibility documents and Bid documents 5. Last date and time for submission of EMD and cost of bid document Up to hrs on Up to hrs on Page 3 of 56

4 in original in sealed envelope. 7 Date and Time of opening of Bid (online only) At Hrs on Total estimated Cost Rs Amount of Bid security/emd Rs. 2,10,000 (Rupees Two Lakh ten Thousand Only) 10 Cost of Tender Form Rs. 1,180/-(Rupees One Thousand One Hundred and Eighty only) Non refundable. Note : In case the last date of submission/opening of Tender happens to be a holiday, the last date of submission/ opening of tenders will be automatically shifted to next working day at the same scheduled time and venue. Any change in bid submission/ opening date due to any other unavoidable reasons will be notified through BSNL web site and /or E-Tender portal. 2. Purchase of Tender Document: Cost of Tender form as shown above. The Tender document can be downloaded from the website: or and to be submitted in e-format. 2.1 BSNL has decided to use the process of e-tendering for inviting this tender and thus the physical copy of the tender would not be sold. 2.2 The bidders downloading the tender document are required to submit the prescribed 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 Nationalised/Scheduled Bank in favour of The Accounts Officer (Cash), O/o GMTD, BSNL Bhavan, Kollam and payable at Kollam. 2.3 The bidders 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 Web-site ( or ( 2.4 In case of any correction/ addition/ alteration/omission is found in the tender document, the tender bid shall be treated as non-responsive and shall be rejected. All tenders failing to fulfill the prescribed conditions or are incomplete shall be summarily rejected. 2.5 The bids of bidders who failed to meet the contractual obligation in earlier tender of Kerala Circle will not be considered. 3.Place of opening of Tender bids: Page 4 of 56

5 Authorized representative of bidders (i.e Vendor Organization) can attend the online Tender Opening Event (TOE) at the chamber of Assistant General Manager(MM),O/o GMTD, BSNL Bhavan, Vellayittambalam, Kollam where BSNL s Tender Opening Officers would be conducting online e-tender opening. 4.Tender bid received after due time and date will not be accepted. Incomplete, ambiguous, conditional, unsealed tender bids are liable to be rejected. 5. The GENERAL MANAGER TELECOM DISTRICT, BSNL, Kollam reserves the right to cancel the tender at any stage without assigning any reason. 6.All statutory Taxes as applicable shall be deducted at source before payment. 7. The scanned copies of payment towards EMD/ BID security, Cost of bid document has to be uploaded in the E- tender Portal of M/s ITI. 8. Amendments, if any, to the tender document will be notified in the above website as and when such amendments are made. It is the sole responsibility of the bidders who have downloaded the tender document from the website to keep themselves abreast of such amendments before submitting the tender document. 9.Intending bidders are requested to register themselves with M/s. ITI Limited through the website for obtaining user-id, Digital Signature etc., by paying Vendor registration fee and processing fee for participating in the above mentioned tender. 10.The documents as listed out in Section III should be uploaded in the E-Tender portal. Sd/- Assistant General Manager (MM) O/o GMTD BSNL Bhavan Kollam. For GMTD Kollam. Page 5 of 56

6 Telephone PREAMBLE BHARATH SANCHAR NIGAM LIMITED (A Govt. Of India Enterprise) Office of the General Manager, BSNL, Kollam SECTION-II - PART- A Tender No: N-4/Tender/ Manpower/Extl Plant Mtce/KPY Zone/ /2 Dated at Kollam the TERMS AND CONDITIONS For and on behalf of CMD, BSNL, New Delhi, the General Manager, BSNL, Kollam invites e-tenders from eligible and experienced firms/individuals for Providing Man power assistance for External Plant maintenance of Zone No.II - Karunagapally Zone in Kollam Telecom District. The manpower to be supplied under this tender will be utilized for external plant maintenance in the telephone exchange areas falling within the territorial jurisdiction of Karunagappally and Sasthamcotta divisions of Kollam Telecom District. 2. ELIGIBILTY CRITERIA Those bidding must possess a minimum experience of supplying manpower for works of similar nature for a period of not less than one year for any Government/ Public Sector Organization or any other Telecom service provider anytime during the past five years immediately preceding the date of submission of bid. 3. SCOPE OF THE CONTRACT 3.1 This tender is for Providing Man power assistance in External Plant maintenance in the telephone exchange areas falling within the territorial jurisdiction of Karunagappally and Sasthamcotta divisions of Kollam Telecom District. 3.2 This contract is valid for one year from the date of signing the agreement. 3.3 The estimated requirement of manpower is furnished in Annexure-I of the tender document. 3.4 Those bidding under this tender must have sufficient manpower on hand and should be able to deploy them at the level of the Divisional Engineers as indicated in Annexure-I. Manpower shall be provided for whole month throughout the calendar year as required by BSNL subject to the estimated requirements and variances stipulated under this tender. Page 6 of 56

7 3.5 The Divisional Engineers will allot the workmen to subordinate officers under their control who are in charge of external plant maintenance in each telephone exchange area. List of exchanges in Karunagapally Zone under each Sub division is furnished in the ANNEXURE-III. 3.6 BSNL will supply materials like Cables and Jointing Kits required for cable Jointing/Maintenance work besides all consumables needed for cable jointing like cotton waste, kerosene, sleeves etc. 3.7 Tools required for excavating and reinstating cable pits will not be supplied by BSNL. These will be provided by the contractor directly to the workmen and BSNL shall not be responsible in any way for making available or maintaining such tools. 3.8 No child labour will be permitted. Persons with less than 18 years of age and more than 56 years of age should not be engaged for any reason. 4 SUBMISSION OF BIDS: 4.1 Method Of Preparation Of Bid: It is a two bid system and the bid prepared by the bidder shall comprise Technical Bid and Financial Bid and should be prepared as below. The bidder shall fill in the tender document in all respects, sign on all pages along with the seal of the firm if any and upload required scanned documents as per Section III of the same in e-tender Portal. The bid contains three parts- Part A: The scanned copies of the Payment towards cost of Tender Form and EMD & Power of attorney (If applicable) have to be uploaded in the e-tender Portal of M/s. ITI. Part B: The Second part relates to uploading of scanned documents required for Technical BID as per Section III, in the appropriate place of the e-tender Portal. Part C: The third part relates to uploading of Financial Bid containing the Price schedule in excel format filled carefully in the appropriate place of the e-tender Portal. 4.2 The tenderer will be bound by all terms, conditions & specifications as detailed in the tender documents. 4.3 Any tender with conditions other than those specified in the tender document is liable to be summarily rejected. No modification by the contractor in any of the conditions will be permitted after the tender is opened. 4.4 Submission Of Bids: All the clauses of the bids must be complied with and price bids must be Bids quoted online by the bidders before locking/closing time of the bid mentioned in NIT page of the tender document Scanned documents wherever necessary are to be uploaded in the appropriate places of the e-tender portal. Page 7 of 56

8 4.4.3 The bidder shall submit a set of entire document signed in all pages, downloaded from e- Tender Portal against bid offer on the date of the opening of the tender Bidder can bid through the user-id allotted to him by M/s. ITI in e-tender portal along with requisite Earnest Money Deposit(EMD) and cost of Tender paper If any one of the document required to be submitted as referred to Section-III of this Section is found to be wanting, the concerned bid shall be rejected at the opening stage itself The BSNL, may, at its discretion, extend this deadline for the submission of the bids by amending the bid document in accordance with NIT in which case all rights and obligations of the BSNL and bidders previously referred to the deadline will thereafter be subject to the extended deadline. 4.5 Time and last date of submission of Bid DD for the Tender form cost and the EMD along with the documents mentioned in Section III should be dropped in person in the tender box placed in the chamber Assistant General Manager(MM), specified in NIT/Section I of the Bid Document, before the closing (Date & Time) of tender, as mentioned in NIT. The tenderer has to ensure the correct address if sent by Post. 4.6 Postponement of Tender opening: Whenever it is considered necessary to post pone the opening date of tenders, quick decision shall be taken and communicated to the tenderers who have purchased the tender documents and shall be at least one day before the original date of opening. The reasons for postponing the tender shall be recorded in writing. Such notice of extension of date of opening shall also be displayed prominently in the notice board of the e-tender Portal. If the date of opening of bids is declared as holiday or forced holiday, the bids will be opened on the next working date at the same time and venue. 4.7 Clarification Of Bids By Bsnl: To assist in examination, evaluation and comparison of bids, BSNL may, at its discretion ask the bidder for clarification of its bid. The request for its clarification and its response shall be in writing. However, no post bid clarification at the initiative of the bidder shall be entertained. 4.8 Place Of Opening Of Tender Bids: Authorized representatives of bidders ( i.e. vendor organization) can attend the Tender Opening Event (TOE) at the chamber of Assistant General Manager(MM),O/o GMTD, BSNL Bhavan, Vellayittambalam, Kollam , where BSNL s Tender Opening Officers would be conducting on online e-tender opening. If due to administrative reasons, the date and venue of e- Page 8 of 56

9 Bid opening is changed, same will be displayed prominently in the notice board of the e-tender Portal. 4.9 Late Bids: Tenders will not be received after the specified time of closing of the tender and the same shall be rejected and returned unopened to the bidder. It is the sole responsibility of the tenderer that he should ensure timely submission of tender. After the Locking Time, no bidder can submit the bid Modifications And Withdrawal Of Bids: The bidder may modify, revise or withdraw his bid after submission prior to the deadline prescribed for submission of bids. The bidder s modification, revision or withdrawal shall have to be online and digitally authenticated (in case of e-tendering) & further, the hard copies must also be furnished No bid shall be modified subsequent to the deadline for submission of bids Period Of Validity Of Bids Bid shall remain valid for 240 days from date of opening of the bid (Qualifying Bid). A BID VALID FOR A SHORTER PERIOD SHALL BE REJECTED BY BSNL AS NON- RESPONSIVE BSNL reserves the right to request the lowest three bidders as per read out list on the opening day to extend the bid validity for a period of further 120 days and the bidder has to necessarily extend the bid validity. Refusal to extend the bid validity will result in forfeiture of the bid security. A bidder accepting the request and extending the bid validity will not be permitted to modify his bid List of documents to be submitted along with bid: The details of documents to be submitted through online in e-tender Portal are detailed below. If any one of the items required to be submitted along with the Technical bid is found wanting, the offer is liable to be rejected at that stage. Documents in original should be submitted for verification as required by the Tendering Authority. a) Tender documents in original, duly filled in and signed by the tenderer on each page. b) DD for suitable amount towards payment of Tender Form cost. c) EMD/Bid Security in accordance with the tender document. d) Bid form duly filled in and signed. Page 9 of 56

10 e) Check list. f) Tenderer s profile. g) Experience certificate to establish eligibility criterion. h) Attested copy of ESI registration. i) Attested copy of EPF registration. j) Attested copy of GST Registration. k) Attested copy of PAN Card and latest IT return. l) No Near relative certificate. m) Letter of authorization, if any. n) Mandate form for ECS/EFT. o) Attested copy of Certificate of Registration of firm in case of firm. p) Attested copy of Partnership Deed in case of partnership firms. q) Attested copy of Power of Attorney in case person other than the tenderer has signed the tender documents. r) Registration certificate from department of labour duly attested as per clause11.4 s) Declaration of Non-tampering of relevant document required for tender duly filled and signed. t) Attested Photo copy of NSIC certificate if applicable. 5. BID PRICE 5.1 The bidder shall quote the rate strictly in conformity with th requirement as indicated in the rate schedule. 5.2 The rate shall be quoted both in words and figures. If there is a difference between the rates furnished in words and figures the amount given in words shall prevail. Any corrections / erasures in the bid made by the bidder shall be signed by the persons signing the bid. 5.3 No modifications are allowed on the tender document and no overwriting shall be admissible in the Financial Bid. 5.4 The rate quoted shall be inclusive of any levies and taxes but exclusive of GST, if applicable. GST, wherever applicable, will be paid separately at prevailing rates. 5.5 The rate quoted by the bidder shall remain fixed during the entire period of contract including the extended period if any and shall not be subject to variation on any account. 5.6 Bid submitted with rates quoted in any manner not in conformity with the stipulation herein shall be summarily rejected. 5.7 The bidder shall ensure payment of minimum wages approved by Regional Labour Commissioner (Central) to every workman supplied under this tender. 5.8 The rate schedule has been prepared assuming that workmen will be engaged on the basis of current statutory Minimum Wages. The contractor is required to the quote the actual amount to be received above the Minimum wages for an eight hour engagement of one workman to meet all the explicit and implicit costs involved in the tender as Service Charge. Page 10 of 56

11 5.9 The Service Charge quoted shall, among other items, take care of wages, if any to be paid to the work men in excess of the statutory minimum wages and the other direct and indirect costs other than the elements of minimum wages as presented in the Financial Bid and the GST. BSNL shall pay the given elements of statutory Minimum wages as existing now or revised in future on production proof of actual payments. It shall also pay the applicable GST BSNL shall engage each workman made available under this tender for normal duration of eight hours on each day and the service charge as quoted shall be paid for each such workman. Whenever work men are engaged by BSNL under situations of emergency for more than eight hours, the service charge will be paid proportionate to the actual hours of engagement. 6 REJECTION OF BIDS AT THE STAGE OF OPENING The bids shall be rejected at the stage of opening under the following circumstances: (a) In the financial bid, the rates are not quoted both in words and figures. (b) The tender form is not filled up completely and duly signed on all pages. (c) Any modification is done in the tender document. (d) Any failure to fulfill all conditions applicable under this tender. 7 EARNEST MONEY DEPOSIT (EMD) 7.1 EMD is to be paid as per NIT along with the tender offer. 7.2 EMD can be paid in the form of an Account Payee Demand Draft issued by any Scheduled/Public Sector Bank and drawn in favour of the Accounts officer (cash), O/o GMT, BSNL, Kollam payable at Kollam. 7.3 The Demand Draft for the EMD amount shall be enclosed along with the tender offer. 7.4 The EMD will not carry any interest. 7.5 The Bid shall stand rejected and the EMD shall be forfeited:- 7.5.a.1 If the tenderer withdraws his offer during the validity period specified by the bidder in the bid form. 7.5.a.2 If the bidder makes any modifications in the terms and conditions mentioned in the tender documents. 7.6 The EMD will be refunded to unsuccessful Tenderers after finalization of the tender, subject to fulfillment of the required formalities. 7.7 In the case of successful Tenderers the EMD will be adjusted towards Security Deposit before executing agreement. 7.8 If a successful Tenderer does not pay the Security Deposit and execute the Agreement within the period prescribed under this tender or communicated by or on behalf of the General Manager, Telecom District Kollam, then the EMD paid by the bidder will be forfeited to BSNL and the provisional acceptance of the bid by BSNL shall stand revoked. Page 11 of 56

12 8 CONCESSION to MSME Units MSME bidders (Micro, Small & Medium Enterprises) which are registered with the National Small Scale Industries Corporation or any other body specified by Ministry of Micro, Small & Medium Enterprises have been allowed the following concessions. 1. Supply of tender document: The Tender document shall be downloaded by the MSME bidders free of cost provided the tendered item is listed in the Registration Certificate of MSME. 2. Exemption from payment of Bid Security Deposit / Earnest Money Deposit: The MSME Units registered with bodies as detailed above shall be exempted from payment of Bid security deposit provided the tendered item is listed in the Registration Certificate of MSME. A proof regarding current registration with bodies as detailed above for the tendered items will have to be attached along with the bid. Declaration of UAM (Udyog Adhar Memorandum) number is mandatory. The bidder who fails to submit UAM number shall not be able to avail the benefits available to MSEs as contained in Public Procurement policy for MSEs order, 2012 issued by MSME The enlistment certificate issued by bodies as detailed above should be current & valid on the date of opening of bid. However all successful bidders including MSMEs who are registered with the designated MSME should furnish performance security for an amount equal to 5% of the estimated cost. 9. Opening of BID 9.1 Financial bids & Technical bids shall be submitted by the bidder at the same time. The bids will be opened in two stages. The Tendering Authority will open the technical bids in the presence of bidders or their authorized representatives on the due date and time. The bidder or maximum two of his authorized representatives shall be permitted to attend the bid opening. Authorization letter to this effect in the prescribed format shall be submitted by the bidders before they are allowed to participate in bid opening. The bidders can view the opening details after the Tendering Authority opened them. 9.2 The bidder or his representatives, who are present, shall sign in tender opening register. 9.3 The date fixed for opening of bids, if subsequently declared as holiday or forced holiday by BSNL, the revised date of schedule will be notified in the e-tender Portal. However, in absence of such notification, the bids will be opened on the next working day, time remaining unaltered. Page 12 of 56

13 9.4 Technical bids will be evaluated by the Tendering Authority and after completion of the technical evaluation; the eligible bidders list for the financial bid opening will be made available in the e- Tender Portal. 9.5 Opening date and time of Financial Bid will be notified in the e-tender Portal after opening of the Technical Bid. 10. SECURITY DEPOSIT 10.1 The successful tenderer will be required to remit Security Deposit for an amount equal to 5% of the total contractual value within a period of 21 days from the date of issue of the letter of intent or within the time limit prescribed by GENERAL MANAGER TELECOM DISTRICT, BSNL, Kollam. EMD remitted will be adjusted towards Security Deposit. The balance remaining shall be remitted Security Deposit will not bear any interest. Security Deposit shall be made by any of the following means: By cash to be paid at the counter of the O/o GENERAL MANAGER TELECOM DISTRICT, BSNL, Kollam By DD issued by any Scheduled/Public Sector Bank drawn in favour of Accounts Officer (Cash), BSNL, Kollam and payable at Kollam By Bank guarantee obtained from any Scheduled Public Sector Bank with a validity period of 18 months from the date of acceptance of the tender with a provision for extension of the period of validity if so required by BSNL Security deposit will be released after expiry of the contract period after getting necessary No due and satisfactory completion certificate from the Divisional engineer concerned Security Deposit of the successful tenderer will be forfeited to BSNL in the following cases If after acceptance of the tender, the tenderer fails to carry out the job in accordance with the terms and conditions of the tender If any damage is caused to any of the property of BSNL or state/central Govt. property or public property or other private property by the workmen supplied under this tender Any failure or delay to act in accordance with the terms and conditions of the tender Any action or inaction on the part of the contractor resulting any direct or indirect loss/damage to BSNL Any failure on the part of the contractor to faithfully observe all statutory requirements and obligations related to employment of workmen under the contract. 11. TENDER EVALUATION The bid evaluation shall be based on the lowest service charge quoted. The work will be awarded to the successful Tenderer after observing all the required formalities. It shall be open to the General Page 13 of 56

14 Manager, Telecom District, Kollam to award the work to a bidder, who is not the bidder quoting the lowest rate, if he is satisfied that it would be in the best interest of BSNL to do so. 12. AGREEMENT 12.1 The successful Tenderer will be required to execute an agreement on non-judicial stamped paper of appropriate value at the time of SD payment. Failure of execution of agreement within a stipulated period or any extended period shall result in the cancellation of letter of intent and forfeiture of EMD The contract shall be valid for a period of one year from the date of signing the agreement. The validity of the contract can be extended three months at a time and up to a period of one year on the basis of mutual consent of the parties to the agreement under this tender with no changes in the terms and conditions as applicable under the initial agreement The Performance of the contractor shall be reviewed every three months and BSNL reserves the right to terminate the contract at any time during the contract period if the performance of the contractor, as assessed by the General Manager Telecom District, Kollam is considered unsatisfactory. In the event of termination of the contract on account of unsatisfactory performance of the contractor, the Security Deposit made by the contractor shall stand forfeited without prejudice to the right of BSNL for any other action under the provisions of the contract The contractor has to submit a valid labor license from the Central Labor Commissioner at the time of submission of bids. If not available, he shall obtain a valid labour licence under the updated contract labour (R&A) Act 1970 & 1971, before commencement of the work and continue to maintain such a licence during the currency of the contract. In such cases attested copy of the above license should be submitted to this office after awarding the work. 13. ADHERENCE TO THE LAWS OF THE LAND 13.1 The contractor shall comply with the statutory provisions/obligations under all laws in force The Contractor shall keep a comprehensive record of the workers being engaged on the work with their full postal address and specimen signatures Record of attendance of the workmen shall be maintained by the contractor and the officer in charge of the work No unauthorized persons should be allowed to work The Contractor shall fully indemnify BSNL from any claims or injuries to person or for structural damage to property, arising out of any neglect, default, carelessness or misconduct on the part of the Contractor or of any of the workmen made available to BSNL under this tender during the currency of the contract The contractor shall observe and abide by the Rules and regulation of Labour Act and other Government enactment as in force from time to time and indemnify BSNL Kollam from any liability arising out of the violation or non-compliance of the provision made in the "Contract Page 14 of 56

15 Labour (Regulation and Abolition) Act 1970 or any other enactment as in force from time to time. All the successful tenderers are bound by the labour laws as amended from time to time and also bound by the various provisions of the said laws The contractor shall observe the provisions of all the relevant laws of the land pertaining to employment of workers/ laborers and their working conditions, payment of compensation etc. Any cost/damages/penalties arising out of the violation of any of law / rules/regulations/orders in relation to the activities undertaken by the contractor under this tender shall be fully borne by the contractor and it shall be open for BSNL to recover any sums related to this from the amount payable/refundable to the contractor In every such case in which by virtue of any provisions of any law or otherwise, BSNL becomes obliged to pay compensation BSNL shall be at liberty to recover such amount or any part thereof by deducting it from the Security Deposit or from any sum due by BSNL to the Contractor(s) under this Contract or otherwise. Such recoveries shall be without prejudice to any other action BSNL can initiate against the contractor under the provisions of this tender. 14. AWARD OF CONTRACT BSNL shall consider placement of letter of intent to the tenderer whose offer has been found technically, commercially and financially acceptable. The bidder shall, within 21 days of letter of intent, give his acceptance and shall furnish the requisite Security Deposit, failing with the letter of intent shall be deemed withdrawn with the forfeiture of EMD. 15. RIGHTS OF GENERAL MANAGER TELECOM DISTRICT, BSNL, KOLLAM The General Manager Telecom District, BSNL Kollam reserves the right to accept or reject any bid OR to cancel the bidding process and reject all bids, at any time prior to the award of contract without assigning any reason and without thereby incurring any liability to the affected bidder or bidders on the grounds of such action The General Manager Telecom District, BSNL, Kollam shall be the final authority for deciding successful tenderer and his decision shall be final and binding all parties involved in this tender The contractor shall ensure that the workmen supplied are regular and disciplined. GM BSNL reserves the right to evaluate the performance of individual workman for continued service The General Manager Telecom District, BSNL, Kollam reserves the right to terminate the contract entered into at any time by giving a written notice of 30 days if the discharge of the contractual liabilities of the contractor is assessed to be unsatisfactory by the above said officer or his representatives. Such termination of the contract shall be without prejudice to any other penal action that may be taken against the contractor within the terms and conditions of this Tender Documents. Page 15 of 56

16 15.5 The General Manager Telecom District, BSNL, Kollam shall not be held responsible for any loss or damage suffered by the contractor as a result of the cancellation of the letter of intent or work order The decision with regard to the quality of performance of the contractor shall vest solely with the General Manager, Telecom District, Kollam and his decision on it shall be final and binding The total estimated requirement for skilled and semiskilled workers is 44(skilled-35 & unskilled-9) for ZoneII as per Annexure I. The quantum of manpower requirement is only approximate and the General Manager Telecom District, BSNL Kollam reserves the right to decrease or increase the same according to the quantum of work required to be executed. The empanelled list of skilled and semiskilled laborers should be limited to the estimated quantity +9% extra and should be given along with the execution of Agreement. Any replacements should be done with the approval of the competent Authority Skilled category workmen should do all the works related to the semiskilled workers also The General Manager Telecom District, BSNL, Kollam reserves the right to determine and recover such amount from the contractor, if the contractor/their workmen damages any BSNL property or any Government property or private person s property or public property or other private property during the execution of the work The tenderer will be bound by all terms and conditions and specifications as detailed in the tender documents. Any bid with conditions other than those specified in the tender document is liable to be summarily rejected. No modification by the contractor in any of the conditions will be permitted either before or after the tender is opened The General Manager Telecom District, BSNL,Kollam may waive any minor infirmity or non-conformity or irregularity in a bid which does not constitute a material deviation, provided such waiver does not prejudice or affect the relative ranking of the bidder BSNL reserves the right to negotiate with the L1 bidder without compromising on the quality of work BSNL reserves the right to disqualify such bidders who have a record of not meeting contractual obligations against earlier contracts entered into with BSNL The GMTD Kollam reserves the right to re categorize the workers viz unskilled, semiskilled and skilled based on their monthly performance report received from the field officers and wages to the workers will also be paid based on the recategorization Workmen absenting beyond 25% of the working days without any valid reason may not be sent again Workmen supplied must be of sound health and should be free from deficiencies. 16. Penalty Clause The contractor shall ensure regular supply of required number of laboures as per contract in each division throughout the month. If a labour is absent for more than 6 working days in a month 0.5% of the contract amount due for the full month for one labourer for each day of absence shall be deducted Page 16 of 56

17 as penalty, subject to a maximum of 12 % in a month, besides deduction of wages for the days in which the labour remain absent/ did not perform his assigned duty. For Eg: If a labourer in Karunagappally zone is absent for total 9 working days (ie, excluding weekly offs and eligible holidays) in a month. Salary Salary Eight hr duty Per day wage is Rs.493.8/- (excluding EPF, ESI,service charge) Contract amount for the month = 26 * = /- Penalty for absent days = 9 * 0.5 %( ) = /- 17. APPLICATION Submission of bid against this tender shall bind the bidder for the acceptance of all the conditions specified herein and in the NIT unless otherwise agreed by BSNL in writing. 18. SCOPE OF WORK: 18.1 The contractor shall supply workmen who are adequately healthy and sufficiently competent to assist BSNL staff in the maintenance of external plant The workers provided by the contractor shall be engaged in works related to external plant maintenance which will include, 1. carrying equipments and tools to site, 2. digging standard pits at the jointing location, 3. taking test pits, excavating trenches for localization of cable faults, 4. reinstating and termination in DPs/Pillars etc.(including intl &extl DPs) 5. Jointing cables of all types & making joints using TSF kit 6. Attending & clearing all types of faults including line faults. 7. Checking and repairing of Pillar earth. 8. Rehabilitation works and cable pair retrieval and any type of emergency work related to Extl plant. 9. Any work assigned by the JTO/SDE 18.3 The workmen shall fully cooperate with BSNL staff and carry out the work strictly in accordance with the instructions/guidance issued by the BSNL staff on the spot It shall not be open for the contractor or the workmen to question the decision of the officer in charge of external plant maintenance with regard to the location where or the nature of tasks on which the workmen will be engaged The workmen supplied by the contractor shall be available to BSNL for a minimum duration of 8 hours a day. In case the workmen already assigned under this tender becomes unavailable for any reason attributable to the contractor or the workman concerned for a duration of Page 17 of 56

18 less than eight hours, the wages and the service charge payable shall be arrived at on a proportionate basis on the basis of the number of hours actually engaged. For the above, the following calculation may be used: Contract rate for one unit work no. of hours actually worked by the workman While in the normal course the workmen provided under this tender would be engaged for eight hours per day by BSNL, in emergency situations, such as major cable break down etc., additional manpower may become necessary or available workmen may have to be asked to work for more than eight hours a day. When available workmen are required to be engaged for durations exceeding eight hours a day, wages will be paid on the basis of normal contract rate for the extra hours engaged in line with the formula applied for shorter working hours as indicated in Para This tender is for regular supply of workmen on a contract basis. The award of contract or the fact of the workmen or the contractor being engaged by BSNL does not confer any right to/the contractor or to any of the workmen or other people engaged by the contractor under this tender, for any employment in BSNL at any time or for any benefit financial or otherwise beyond what is made explicit in the tender document. 19. SUBMISSION OF BILLS AND CERTIFICATIONS 19.1 Bills raised against The General Manager Telecom District, Kollam, shall be submitted Zone wise to the DGM(O) concerned on monthly basis on or before the 5 th of every month for claims related to the previous month. 19.2The bills shall be submitted in the printed format with the bill numbers in running sequence PAN and Bank Account No should be furnished in the bill GST registration details shall be available in the Bill if GST is payable Approved tender rates shall be printed on the bill itself Copy of EPF/ESI remittance challans of previous month along with the list of workmen for whom the remittances have been made shall be enclosed along with the bill from second month onwards without which payment of monthly bill will not be released For the last month of the contract period, the documents are required to be submitted immediately after remittance without which the Security Deposit will not be refunded. 19.8The monthly payment remittance chellan of EPF/ESI should be organization specific to BSNL if the contractor is engaged in similar contractual obligations with organizations other than BSNL. In Page 18 of 56

19 other words, producing single monthly remittance of chellans for all the laborers engaged including other laborers engaged in organizations other than BSNL by the contractor shall not be acceptable. 19.9Certificate from the designated officer in charge of the external plant maintenance duly countersigned by the Divisional Engineer stating that payment to the workmen has been made in his presence shall accompany each bill Certificate of attendance as per Annexure-V, issued by the designated officer in charge of the external plant maintenance, duly countersigned by the Divisional Engineer should be attached Bills submitted after delay of over three months after the month in which the related work is carried out shall be deemed time barred and shall not be paid The contractor shall make payment of wages to the workmen concerned irrespective of the bills pending for submission by the contractor or such bills awaiting settlement with BSNL. All wages to be paid to the workmen for each month shall be paid in full before the 7 th of the next month in presence of the designated officer in charge of the external plant maintenance The payment to workmen shall be made in the presence of the officer in charge of the Subdivision The workmen shall be paid wages not less than the statutory minimum wages which as applicable from time to time shall be reimbursed to the contractor by BSNL. Any payment made in excess of such minimum wages for whatever reasons shall be fully borne by the contractor and BSNL shall have no responsibility or liability on this If workmen as required are not provided by the contractor or if the workmen provided by the contractor are unfit for the job envisaged under the contract or the workmen provided fail to carry out the assistance works in time or neglect or delay the work thereby causing delay in rectification of faults, proportionate reduction of contract amount will be made for full/part of the day/days based on the report of the officer in charge of the external plant maintenance at the Sub Divisional level. The decision of General Manager Telecom District, BSNL Kollam on the amount to be deducted on this account from the monthly bills under this clause shall be final Service charges will not paid to the manpower on paid holidays, if not physically performed duty With effect from onwards 2% TDS on GST is recoverable if the contract value exceeds Rs.2.5 lakhs. Page 19 of 56

20 20 RECISSION/TERMINATION OF THE CONTRACT 20.1Circumstances for rescission of contract: Under the following conditions the competent authority may rescind the contract. a. If the contractor commits breach of any item of terms and conditions of the contract. b. If the contractor fails to supply the required manpower assistance. c. If any of the workmen made available by the contractor fails to carry out the work assigned to him or fails to complete it in time, or absconds from the work spot or behaves in a manner considered unacceptable by the Sub divisional officer/jto in charge of the work and the contractor fails to replace the workman concerned or fails in protecting the interests of BSNL and its customers Unsatisfactory performance or non adherence to terms and conditions applicable under this tender or non-compliance with the instructions issued during the currency of contract to the contractor or the workmen supplied by the contractor shall be considered as breach of agreement and the contract shall be terminated as decided by General Manager Telecom District, BSNL, Kollam including the forfeiture of the security Deposit remitted by the contractor and Blacklisting of contractor for future contracts for minimum period of three years. 20.3When the contract is sought to be terminated under the provisions of this clause, BSNL shall issue a notice in writing to the contractor communicating the intention of BSNL to terminate the contract of grounds of performance deficiencies on the part of the contractor. The contract shall stand terminated without any further communication fifteen days after the date of such a notice unless the General Manager Telecom District, Kollam decides otherwise and such a decision is communicated to the contractor in writing before the expiry of the said notice period In all cases where the contract is terminated on grounds of breach of contract, unsatisfactory performance or other deficiencies on the part of the contractor, the Security Deposit made by the contractor under this tender shall be forfeited fully and irrevocably to BSNL. The forfeiture of Security Deposit shall be without prejudice to any other action that BSNL may take to make good any loss or damage it has suffered or for which it becomes liable on account of the any action or inaction on the part of the contractor or on the part of any workmen provided by the contractor or on account of the termination of the contract. In addition to it, BSNL may black list the contract so as to prohibit the contractor from participating in any future tender of BSNL for a minimum period of three years from the date of termination of the contract. 20.5The decision on whether termination of the contract is warranted under this clause or not or any loss or damage is recoverable from the contractor and its monetary values shall be the sole prerogative of the General Manager Telecom District, Kollam and his decision shall be final and binding on the contractor Any communication to the last known postal address will be sufficient for any purpose of written communication. Any plea of absence from headquarters or change of address will not be acceptable to establish non-receipt of communication on the part of the tenderer. Page 20 of 56

21 20.7 The Tenderer shall be fully responsible for the compliance of all the provisions applicable under Labour Laws including Payment of Wages Act Contract Labour (R&A) Act The employees Provident Fund and Miscellaneous Provisions Act Employees State Insurance Act Workmen Compensation Act The Bonus Act All other Acts and statutes applicable from time to time 21 NEAR RELATIVES WORKING IN BSNL 21.7 At the time of submission of tender documents the contractor has to submit a declaration that NO NEAR RELATIVE OF THAT CONTRACTOR is working in the BSNL in any capacity. The company or firm or any other person is not permitted to tender if his relatives viz 1. Members of Hindu undivided family 2. Their Husband and wife 3. The one is related to other in the manner as father, mother, son(s) and son s wife (daughter in law), daughter, daughter s husband ( son-in-law), brothers, brothers wife, sisters and sister s husband are working in BSNL 21.8 If it comes to the notice, after awarding the contract, that the contractor having a relative working in BSNL or is a benami to any other person, penal action will be taken like cancellation of contract and forfeiture of security deposit or imposition of any other penalty as deemed fit by the General Manager, Telecom, BSNL, Kollam. 22 DAMAGES TO HUMAN LIFE/BSNL PROPERTY/PRIVATE PROPERTY The contractor shall be fully responsible for the damages caused by the workmen supplied under his tender during execution of work, to the properties belonging not only to BSNL but also to other Departments, Organizations, Other Private Operators/Organizations and individuals. 22. SUB-CONTRACTS Sub contracting of the work under this tender shall not be permitted. If it is discovered at any time that subcontract is awarded, the SD will be forfeited and the contract will be terminated on grounds of breach of contract with all attendant after effects as laid down under clause-20 above. 23. ATTESTATION OF DOCUMENTS All the Xerox copies of required documents must be attested by Gazetted Officer (BSNL/ State/Central) Page 21 of 56

22 24. MODE OF PAYMENT TO THE CONTRACTOR 24.1 The bills should be submitted in Duplicate, Zone wise with all certification as prescribed under clause-19 ibid The bills shall be submitted to Area Manager of the Zone concerned. The Area Manager will forward the bill to the O/o GMTD Kollam within a week of its receipt after completing requisite formalities Necessary deduction towards Income Tax, Surcharges and loss / damage shall be made from the bills at the time of payment as per the prevailing rules and conditions from time to time The payment to the successful contractor will be made on the basis of actual units of workmen employed in the month to which the bill relates All payments shall be made by appropriate net banking based funds transfer method into bank account of the contractor. The requisite mandate in prescribed form has to be submitted while executing the agreement In cities / areas where ECS/EFT facility is provided by Banks, the bidder must have accounts in such ECS/EFT facility providing Banks and that Bank Account number shall be quoted in the Bids buy the Bidder The bidder must submit the proforma (Annexure IV) for enabling transfer of payments through electronic clearance/ electronic fund Transfer channels. 25. THE RESPONSIBILITIES OF THE CONTRACTOR: 25.1 The contractor should possess valid licence to take up the work in accordance with contract Labour (R & A) Act and other applicable laws The Contractor shall forthwith arrange to replace the workman whenever it is found by the BSNL officer in charge of external plant maintenance who engages the workman that the workman is not discharging their duties as expected and required by BSNL The Contractor should strictly adhere to the Statutory Regulations viz. Wages, EPF and ESI as per schedule rate approved by central Labour Commissioner or state Govt. whichever is higher and adhere to relevant Acts in force in respect of each item In case of additional requirement of manpower, the Contractor should be in a position to supply them at the rates agreed under this tender as and when required by BSNL subject to limits of variation prescribed under this tender It shall also be open to BSNL to engage fewer that the estimated number of workmen subject to limits prescribed herein All increases/decreases in the number of workmen to be engaged by BSNL will normally be effective from the first of a month. The number of workmen may not be changed in the course of a calendar month In case it is found by BSNL that any property or material of the BSNL is lost or put to loss/damage due to the negligence of the contractor s labourer, the contractor will be held fully responsible and should reimburse the cost of loss/damage so incurred. The decision of GENERAL Page 22 of 56