- 1 - BHARAT SANCHAR NIGAM LTD. (A Govt. of India Enterprise) Southern Telecom Region TENDER DOCUMENT. For

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1 - 1 - BHARAT SANCHAR NIGAM LTD (A Govt. of India Enterprise) Southern Telecom Region TENDER DOCUMENT For Hiring of Non-AC Multi Utility light commercial vehicle for BSNL Madurai Sub Region The Divisional Engineer, Transmission Maintenance Southern Telecom Region, BSNL, KARAIKUDI ( Web Site : tender.bsnl.co.in/str )

2 - 2 - TABLE OF CONTENTS Section Title Page Nos. I Notice Inviting tender 3 II Scope of Work and Checklist of documents to be enclosed 4-5 III Letter of offer 6 IV Tenderer s Profile 7 V Instructions to bidder 8-14 VI General Conditions of contract VII Special conditions of contract VIII Service Provider s Obligation IX Declaration by the tenderer 23 X FORMS I) Letter of authorization for attending bid opening (24) II) Format of log book/ Trip sheet (25) III) Advance Stamped receipt for Refund of EMD (26) IV) Agreement for vehicle hiring (27-28) V) Check List for Bidder (29-30) XI Price Schedule for quotation 31

3 Divisional Engineer, Transmission Maintenance), STR BSNL KARAIKUDI Section I No. DE TM KKD/ Hired Vehicle Tender/ / 1 dated at KKD, the NOTICE INVITING TENDER Sealed tenders are invited by Divisional Engineer, Transmission Maintenance, Karaikudi on behalf of GMM STR BSNL Chennai from the reputed contractors/travel agencies recognized by State Transport Authority or Department of Tourism for supply of Non-AC Multi Utility light commercial vehicles such as TATA SUMO/ TEMPO TRAX / Qualis of 2009 Year make or later for use in OF Cable Route Maintenance under the jurisdiction of DGMM, STSR, Madurai.. 1 Nature of Work Providing Non-AC Multi Utility light commercial vehicles such as TATA SUMO / TEMPO TRAX / Qualis of 2009 Year make or later for use in OF Cable Route in DGMM Madurai area. 2 Cost of Tender Document /Form to be paid by Demand draft from any nationalized bank in favour of Accounts Officer(C&C), O/o GMM, STR, BSNL, Chennai payable at Chennai [Basic Cost Rs.500/- (Rupees Five hundred) + 5% VAT] - Total cost of Tender document Rs.525/- if collected in person; Rs.625/- (Rupees Six hundred and twenty five only) by registered post ; Bid document should accompany DD for Rs.525/- (Rupees Five hundred and Twenty five only) if downloaded from website 3 Availability of Tender Document Tender Document can be had from the Divisional Office shown in Section-II clause 2 of this tender document or can be down loaded from our web site 4 Last Date & time for issue of Tender Document/form From hours of Upto hours of on all working days during office hours on submission of demand draft for Rs.525/- with a requisition for issue of tender document. 5 Last Date & Time for submission of Tender Quotation/Form hours of The completed and sealed tender documents can be dropped in the tender boxes kept in the Divisional offices mentioned at Sl.No.3 above) 6 Date, Time & Venue for Opening of Tenders Tenders will be opened at Hours of at the venue as shown at Section-II clause 2 of this tender document. 7 Amount of Earnest Money Deposit (Bid Security) Rs.15,000/- (Rupees Fifteen thousand only) for each vehicle ( in the form of DD in favour of Accounts Officer (C & C), O/o GMM, STR, BSNL, Chennai from any nationalized bank payable at Chennai) 8 Validity of Tender (Tender Bid) 150 days from the date of opening of tenders. 9 Amount of Security Deposit 10% of Annual Tendered value 10 Tender period & Estimated Tender Value One year and estimated cost Rs.7,00,000/= 11 Validity of Security Deposit Six months after completion of the Contract period Divisional Engineer TM, STR, Karaikudi Tel.: ; Mobile:

4 1 SCOPE OF WORK SECTION II 1.0 The bidder is required to provide Non- AC Light Commercial Vehicles on monthly hire basis, fully conforming to RTO regulations of the concerned location. The vehicle to be supplied by the Bidder should be of 2009 Make or later models. 2.0 The vehicle services are required normally for 12 hours on all days of the month from hours to hours. If required, the vehicles will be required for extra hours beyond hours to hours also. Night Halts are also some times necessary in case of faults / trips outside headquarters of the Sub Division. 3.0 EMD or BID Security:- The bid shall accompany the Demand Draft of Rs.15,000/= (Rupees Fifteen thousands only) for each vehicle towards EMD (Demand draft drawn, on any nationalized bank, in favour of The Accounts Officer(C&C), O/o GMM, STR, BSNL, Chennai payable at Chennai 4.0 The monthly minimum kilometers shown are only indicative and for regular work. The actual deployment may vary from time to time depending on the work schedule, company policy, intensity of maintenance, interruption duties and developmental activities. 2 SCHEDULE OF REQUIREMENT: SL. NO. Tender forms can be had from the Divisional Engineer, Transmission Maintenance, Karaikudi and to be submitted in the same office. Sub division DIVISION No. of vehicles 1 Sivakasi Outdoor Sub division 2 Ramnad Outdoor Sub division Divisional Engineer, Transmission Maintenance, Virudhunagar Divisional Engineer, Transmission Maintenance, Karaikudi required Contact Numbers 1 (one) (one)

5 - 5-3 LIST OF BID DOCUMENT & ENCLOSURES. Documents to prove the Technical / Commercial Eligibility of the bidder:- 1. Tender Document duly signed on each and every page of the document. 2. Demand draft for Rs.525/- towards cost of Tender document if the bid document is downloaded from Website: 3. Earnest Money Deposit of Rs.15,000/- ( Rupees Fifteen thousands only) per each vehicle. 4. Bidder should be recognized by the Department of Tourism, Govt. of India/State Govt./Any other public Institution/Body, with documentary proof 5. Experience Certificate for providing similar services to PSUs/Govt. departments with documentary proof. 6. If the bidders are currently providing vehicle hiring services to any division/divisions under BSNL, a certificate from the Divisional Engineer concerned regarding the performance of their services is mandatory in addition to the experience certificates. 7. Partnership Deed or Proprietorship deed or articles / Memorandum of Association as the case may be. 8. Original Power of Attorney in case any person other than the tenderer himself has signed the Tender. 9. PAN CARD : ( Copy of PAN CARD ) 10. Service Tax Registration No. (Xerox copy) 11. Latest income tax returns filed for the last 3 ( three ) preceding Years 12. RC Book, Tax Card, Insurance Certificate, Permit to travel all over Tamilnadu (The vehicles should have registration in the bidder s name/ firm if owned. If the vehicles are taken on lease, the original lease deed is required from the owner of the vehicle along with all vehicle documents. 4 TENDER SCHEDULE FOR QUOTATION (SECTION XI OF THE TENDER DOCUMENT) It should be properly filled in the FORM available in Section XI of this document without any correction and signed with Seal. Corrections if any should be made both in figures and words and attested. Note:- All copies/photocopies of the original documents should be duly self attested. The tenderer will have to produce all original copies of the above documents as and when required for verification.

6 - 6 - SECTION III LETTER OF OFFER From: To: The Divisional Engineer, Transmission Maintenance Southern Telecom Region, BSNL. Sub: Providing Non-AC Multi Utility light commercial vehicle such as TATA SUMO/ TEMPO TRAX /Quails of 2009 Year make or later for use in OF Cable Route Maintenance in DGMM STSR Madurai area. Ref: No. No. DE TM KKD/ Hired Vehicle Tender/ / 1 dated at KKD, the Dear Sir/Madam, 1.0 Having examined the conditions of tender, scope and specification of work, we the undersigned offer to supply the light commercial vehicle of specified model to the Sivakasi / Ramnad / both Sub Divisions. ( The details of Sub Division where services are required are given in clause 2 of Section II.) 2.0 We undertake, if our bid (Tender Quotation) is accepted, we will submit the securities as mentioned in the Tender document and also that, we will supply light commercial vehicles at the approved rates in accordance with the specification, terms and conditions stipulated in the tender document and also as per the instructions/orders issued by the competent authorities of BSNL, from time to time 3.0 We agree to abide by this Bid (Tender Quotation) for a period of 150 days from the date of opening of TENDER and also agree that the bid (Tender Quotation) may be accepted at any time before expiry of bid validity period. 4.0 Until a formal Agreement is prepared and executed, this bid together with the written acceptance thereof in your notification and award shall constitute a binding contract between us. Bid (Tender Quotation) submitted by us is prepared as per the instructions in the tender document and has been properly sealed to prevent any subsequent alteration/modification/replacement/etc.

7 SECTION - IV TENDERER S PROFILE Name and Postal Address of the Bidder: Phone: Mobile: Fax: Is your concern Recognized / Registered (Attach Photocopy as a proof) Affix self signed photograph of tenderer Yes / No Tick as applicable a. Recognized by Govt. of India as Tourist Transport operator b. Registered under Companies Act c. Registered under Shops and Establishment Act d. Registered as firm e. Proprietorship / Any other category (please specify) f. Sister concern of. (please specify name) 3.a Income Tax Permanent account Number (PAN) : (attach Proof) 3.b Service Tax Registration Number : (attach Proof) 4. a) Experience (attach performance Certificate issued by the Govt. / PSU Companies / Public Agencies/ Firms : Years b) Experience certificate issued by DEs of STR under DGMM,STSR,Chennai/Madurai/ Coimbatore ( in the case if already supplying vehicle) 5. NEFT/ RTGS Details (compulsorily to be filled in by the Bidder) 01 Name of the Vendor/Account Holder 02 Address of the Vendor with PIN code 03 Contact No. 04 Bank Name 05 Bank Branch Name &Address 06 Account Number 07 Type of Account 08 IFSC Code (11 digit) 09 PAN of the Vendor 13 Copy of the Cheque Enclosed (YES / NO ) NOTE: Co-Operative Bank details are NOT Acceptable

8 - 8 - SECTION - V INSTRUCTIONS TO BIDDERS SERVICES TO BE PROVIDED 1. Services to be provided are given in section II 2. Eligibility of Bidders a. Bidder should be recognized by the Department of Tourism, Govt of India/State Govt./Any other public Institution/Body. b. The bidder should own vehicle of specified model, registered in their names or Firm s name for use as commercial vehicles. The proof of ownership should be produced when called for. (The copies of the same may be enclosed with the bid ) c. The bidder shall also submit full details of the vehicles that can be assigned in their favour and shall give a clear declaration that the firm will be able to supply commercial vehicles of specified model. d. Bidders having prior experience in supplying hired vehicle services to Govt. Organization or PSUs will be preferred. e. The bidder should provide vehicle for One Year from the date of Award of contract with an option of extension for a further period of 6 (six) months with mutual consent on the same rate, terms and conditions. 3. Cost of Bidding: The bidder shall bear all costs associated with the preparation and submission of the bid. BSNL in no case will be responsible for these costs regardless of the conduct or outcome of the Bidding process. 4. Bid Document 4.1 Bid document includes Notice Inviting Tender Scope of work and checklist of documents to be enclosed Letter of offer Tenderer s profile Instructions to bidder General conditions of contract Special conditions of contract Service providers obligation Price schedule for quotation Declaration by tenderer Forms 1. Letter of authorization for attending bid opening 2. Format for log book or trip sheet 3. Advance stamped receipt for refund of EMD 4. Agreement for vehicle hiring 5. Check list for Bidder 4.2 The bidder is requested to examine all forms, terms and specification in the bid documents. Failure to furnish all the information required as per Bid Documents or Submission of the bids not substantially responsive to the Bid Documents in every respect will be at the bidder s risk and may result in rejection of the Bid.

9 Any prospective bidder seeking any clarification on the Bid document shall notify to the Divisional Engineer Concerned of the Division in writing. The Divisional Engineer shall respond in writing to any request for the clarification of bid document which receives not later than 10 days prior to the date of opening of Tender. 4.4 BSNL may issue any amendment in the Tender document till last date of the Tender. The same will be published only in the Website. All the bidders are expected to check for any amendment issued in the Website. 5. Documents required to be submitted for establishing Bidders Eligibility and Qualifications i. The bidder shall furnish the particulars of past performance with supporting documents. Experience Certificate issued by PSUs/Govt. departments with document proof for providing similar services to them. ii. If the bidders are currently providing provided earlier - vehicle hiring services to any division under GMM, STR, Chennai, a certificate from the Divisional Engineers concerned regarding the performance of their services is mandatory in addition to the experience certificates. This experience Certificate is compulsory and to be attached to the tender documents iii. Partnership Deed or proprietorship deed or articles/memorandum of Association as the case may be. iv. Copies of Latest income Tax Returns filed for the past three Years. v. Valid and authenticated TAXI PERMIT certificate issued from the Department of Tourism, Govt. of India / Tamilnadu State. vi. Copies of RC Book of each of the vehicle to be given to the BSNL for its usage vii. Insurance viii. Tax Card ix. PAN No. ( Xerox copy of the PAN card) x. Service Tax Registration No. (Copy of the registration certificate). otherwise a declaration of non applicability of Service Tax. xii. EMD in the form of a DD (drawn on, any nationalized Bank, in favour of Accounts Officer(C&C), O/o GMM,STR, BSNL, Rs.15,000/- (Rupees Fifteen thousands only) per each vehicle should be enclosed. 6. Amendment to bid document i. At any time, prior to the date of submission of bid, BSNL may, for any reason whether at its own initiative or in response to a clarification required by a prospective bidder, modify the document by amendments. ii. The amendments shall be notified in writing to all prospective bidders and these amendments will be binding on them. 7. Documents comprising the bid The bid prepared by the bidder shall comprise the following components: i) Documentary evidence established in accordance with clause 2 that the bidder is eligible to bid and is qualified to perform the contract if his bid is accepted. ii) Tender should be accompanied by the appropriate EMD of amount Rs. 15,000/- (Rupees Fifteen thousands only) for each vehicle. The payment will be accepted in the form of crossed Demand Draft payable at Chennai drawn on any Nationalized Bank in favour of Accounts Officer(C&C), O/o GMM, STR, BSNL, Chennai. iii) A clause-by-clause compliance as per clause 10 of this section. iv) Bid Form and price schedule completed in accordance with clause 8 and 9.

10 Bid Form : The bidder shall complete the Bid Form and the appropriate price schedule furnished in the bid document covering the services to be rendered as per section-xi. 9. Bid Price 9.1 The Bidder shall quote as per price schedule given in section XI for all type of Vehicles (after going through all the notes given in the price Schedule Document) and given in the Scope of work and schedule of requirement (Section II). Bid Price should be inclusive of all taxes and duties except Service Tax. The service Tax as applicable has to be claimed by the bidder & the same will be paid by BSNL directly to Service Tax authorities. 9.2 Prices charged by the contractor for the services performed under the contract shall not be higher than the prices quoted by the contractor in his bid. 9.3 In case of reduction of statutory levies /taxes during the finalization period of tender, the BSNL reserves the right to ask for reduction in the prices. 9.4 Price Revision: No escalation is admissible on any account whatsoever during the first three months of the contract. After three months of contract, increase or decrease in the hire charges due to variation in fuel rates will be worked out and paid only when the variation to base rate is above 10%. Such increase or decrease in the hire charges due to these variations shall be worked out from the base rate on the following formula. Increase or decrease in hire charges during the month = Actual KMs run by the vehicle X (Revised rate per litre Base rate per litre) Average run in KMs by the vehicle per litre ( KMPL) (Note: The base rate of petrol/diesel is the prevailing rate on the date of commencement of the contract and it should be entered in the agreement. The average KMPL is to be assumed as 9 KMs in case of AC cars and 12 KMs in case of Non-AC cars/other vehicles in both petrol and diesel driven. If there is decrease in Fuel price, formula will indicate negative figure which means the deduction shall be done from the bill) The review for change in higher charges due to change in fuel rates shall be effected at the end of the quarter, irrespective of start of contract i.e. 31st March, 30th June,30th September, 31st December. The change in higher charges if any, shall be applicable from the first day of next quarter. Base rate of fuel would be fuel prices as on date of signing the agreement for contract The fuel escalation charges can be claimed in the same bill of Vehicle charges, but a separate entry to this effect, along with necessary calculations may be shown. 9.5 Discount or extra charges if any mentioned by the bidder shall not be considered unless these are specifically indicated in the price schedule. 10.Clause by clause compliance A clause-by-clause compliance of service to be provided (SECTION VI) and special conditions (Section VII) shall be given. In case of deviation, a statement of deviation shall be given.

11 Bid Security Pursuant to clause 7, the bidder must deposit Rs.15,000/- ( Rupees Fifteen thousand only ) for each vehicle bidding as Bid Security. The Bid Security shall be in the form of Demand Draft drawn, on any nationalized bank, in favour of Accounts Officer(C&C), O/o GMM, STR, BSNL, Chennai and shall be submitted along with completed tender document The Bid Security may be forfeited: a. If Bidder withdraws his bid during the period of bid validity specified by the bidder in the bid form. b. If the successful bidder fails i. to sign contract in accordance with clause 18 ii. to furnish performance security in accordance with Sl.No.9 of Section I 11.2 A bid not secured in accordance with para 11.1 shall be rejected by the BSNL as nonresponsive at the bid opining state and returned to the bidder unopened The bid security of unsuccessful bidder will be discharged/returned as promptly as possible and within 30 days of finalization of the tender or expiry of the period of bid validity period. 12.Format & Signing of Bid a. The original Bid shall be typed or printed and all pages numbered consecutively and shall be signed by the Bidder or a person duly authorized to bind the Bidder the contract. b. The over writing/erasures in the Bid made by the Bidder shall be signed by the person signing the Bid. c. The letter of authorization shall be indicated by written power-of-attorney accompanying the bid. All pages of the original bid, except for un-amended printed literatures, shall be signed by the person or persons signing the bid. The bids submitted shall be sealed properly. d. (i) The Power of attorney should be submitted and executed on the non judicial stamp paper of appropriate value as prevailing in the respective states(s) and the same be attested by a Notary public or registered before Sub-Registrar of the states(s) concerned. (ii) The power of Attorney shall be executed by a person who has been authorized by the Board of Directors of the bidder in this regard, on behalf of the company/institution/body corporate. (iii) In case of the bidder being a firm, the said power of Attorney should be executed by all the Partners in favour of the said attorney. 13.Submission of Bid: This Tender is Single stage bidding & two envelopes system. The bidder shall submit his bid in two envelopes. The First envelope will be named as Techno-commercial bid. This envelope will contain documents of bidder s satisfying the eligibility / Technical & commercial conditions as per clause 2 & 10 with Bid Security as per Clause 11. Second envelope will be named as Financial bid containing Price Schedules as per Section XI. The cover of first envelope shall contain the Original Copy of the Techno-commercial bid, subject to clause 14.2, duly marked ' TECHNO-COMMERCIAL BID '. The cover of second envelope shall contain the Original Copy of the financial bid, subject to clause 14.2, duly marked ' FINANCIAL BID '. Both the envelopes should be sealed separately and further kept in a single main envelope under the personal seal of the bidder.

12 Tenders shall be submitted to the Divisional Engineer Concerned in the prescribed forms placed in sealed envelope, super scribed Tender for hiring of Non AC Light Commercial Vehicles for DGMM STSR Madurai area. The full name and addresses of the Tenderer shall be written on the bottom left hand side corner of the sealed cover The envelope containing tender shall be sealed with sealing wax or adhesive tapes, properly fixed on the envelope. Closing the envelope merely by gum will not be treated as sealed cover. Tenders received in envelopes not sealed will not be opened or considered. Tenders received in unsealed envelops will be opened only when the Tenderer makes a request for return of any Demand Draft/Bank's Pay order enclosed as EMD. In such cases, only the Demand Draft/Bank's Pay order will be returned and the BSNL will retain the rest of the document Tender, if sent by post, must be in double covering. It is desirable to seal the inner envelope also and super scribe as stipulated in the above Clauses, contained in this Section of the Tender Document BSNL (i.e., The General Manager Maintenance, STR, Chennai ) reserves the right to postpone the date of opening of tender or to cancel the tender notice with reasons in writing. Any request from Tenderers to postpone or to change date of opening of the tender due to any reason whatsoever shall not be considered BSNL is not bound to accept the lowest tender and reserves the right to reject any or all tenders without assigning any reasons whatsoever Tenders will be accepted and Contracts will be finalised only with those of the Tenderers, who in the opinion of the competent authority, are having the capacity and resources to provide the service in the prescribed time as per the terms, conditions and specification of the Tender Document The Tenderer or his authorized signatory by holding Power of Attorney, shall certify and affix his signature on each and every page of the tender document, and return it along with his tender offer, as a token of his acceptance of each condition specified on each page of the Tender Document. If the tender is not duly signed, or is deficient or is incomplete in any of the requisite matters or particulars or formalities, it will be rejected summarily Any attempt for negotiation direct or indirect on the part of the Tenderer with the authority to whom he has submitted the tender or the authority who is competent finally to accept it after he has submitted his tender or endeavors to secure interest for actual or prospective tender or to influence by any means the acceptance of the particular tender will render the tender liable to be excluded from consideration. The competent authority may take necessary action to BLACK-LIST THE TENDERER The Tenderers will be bound by all terms, conditions and specifications detailed in this Tender Document. The Tenderers shall not have any right to modify the conditions or specifications contained in the Tender Document at any occasions. Any tender submitted with conditions other than those specified in the tender document will be summarily rejected Any tenderer, who likes to deliver the tender in person shall deposit the tender in the box kept in the office of the concerned Divisional Engineer.

13 The tender box will be sealed immediately after the specified time as per the timings of the office clock for receipt of tender. Any tender presented in person by any Tenderer or his representative after the tender box is sealed will not be received either by Divisional Engineer or by any of the staff with him. Any attempt to forcibly deposit the tender after the sealing of the tender box will attract action as per the law Tenders received either by post or Courier service or in person after the specified time will be rejected. 14. Bid opening 14.1 The bids will be opened in 2 stages i.e. the techno-commercial bid shall be opened on the date of tender opening given in NIT. The financial bid will not be opened on the Date of opening of techno commercial bids in this case & sealed financial bids will be handed over to the concerned Divisional Engineer for retention. Thereafter the CET will evaluate Techno-commercial bids & the report of CET will be approved by competent authority. The financial bids of those bidders who are approved to be techno-commercially compliant by the competent authority, will be opened by TOC in front of techno commercially eligible bidders/ authorized representatives by sending them a suitable notice BSNL shall open bids in the presence of bidders or their authorized representative who wish to be present at the time of opening of bids on due date. The bidder shall submit authorization letter as per Format given in Form No.1 of section X to this effect before they are allowed to participate in bid opining. 15. Evaluation 15.1 BSNL shall evaluate the bids to determine whether they are complete, whether any computational errors have been made and whether documents have been properly signed and whether bids are generally in order If there is a discrepancy between words and figures the amount in words shall prevail prior to detailed evaluation. BSNL will determine the substantial responsiveness of each bid to the bid document. A substantially responsive bid is one, which confirms to all the terms and conditions of bid documents without material deviation. A bid determined as substantially non-responsive will be rejected by BSNL BSNL shall evaluate in detail and compare the substantially responsive bids and comparison of bids shall be on the price of service offered inclusive of all levies and charges as indicated in the price schedule in section XI of the bid document Evaluation Criteria of the Bids:- The rate Quoted by the bidder for a vehicle run of 1500 Kms per month is the main criteria.. The eligibility criteria, fulfilment of all conditions, performance/ experience Certificate issued by the Competent Authority are also taken into account in the evaluation.

14 16. Award of Contract BSNL shall consider placement of letter of intent to those bidders whose offers have been found technically, commercially and financially acceptable. The bidder shall within 10 days of issue of letter of intent, give his acceptance along with performance security in conformity with section X with the bid document. 17. Right to vary quantities BSNL reserves the right to increase or decrease the required quantity of vehicles specified in the schedule of requirement AT ANY TIME without any change in hiring charges of the offered quantity and other terms and conditions. In the exigency of services, BSNL reserves the right to change the Head Quarters of the vehicle to any other place within the jurisdiction of the respective Maintenance Division. The contractor should be able to supply one extra vehicle anywhere in the concerned Division at the Tender approved rates. 17(A). Validity of the Tender:-Tender will be valid for a period of one year from the date of award. However, BSNL reserves the right to extend tender validity period for a period of 6 months on the same approved rates and terms and conditions. 18. Signing of Contract 18.1 Signing of Agreement shall constitute the award of hiring contract on the bidder Upon the successful bidder furnishing the performance Security, BSNL shall Discharge its bid security in pursuant to clause11 by way of adjustment against the Security Deposit payable Signing of the Agreement will be executed individually by the concerned Divisional Engineer, Transmission Maintenance, (the end users who actually use the Vehicles and control the work programs of the Divisions) with the successful tenderer The prevailing cost of the Diesel / Petrol on the day / date of agreement is also to be recorded in the Service Agreement. 19. Annulment of Award Failure of the bidder for complying with the tender conditions shall be sufficient ground for the annulment of the award and forfeiture of the bid security in which event BSNL may award to any other bidder at the discretion of BSNL or call for new bids. 20. Period of validity of bids The bid shall remain valid for 150 days from the date of opening of bids. A bidder accepting the request of BSNL for an extension to the period of bid validity, in exceptional circumstance, will not be permitted to modify his bid.

15 SECTION - VI GENERAL CONDITIONS OF CONTRACT 1. Application Submission of bid against this offer shall bind the bidder for the acceptance of all the conditions specified herein or in NIT unless otherwise agreed by BSNL. 2. Performance Security The successful bidder shall be required to deposit an amount of 10 % of the annual tendered value as Security Deposit for each vehicle. The EMD of the successful bidder will be adjusted towards security deposit and for balance amount the DD drawn, on any Nationalised Bank, in favour of the Accounts Officer(C&C), O/o GMM, STR, BSNL, Chennai, payable at Chennai, is to be submitted within 10 days from the date of the award of the contract or Bank Guarantee from any nationalized bank in full i.e. for the total security deposit will be entertained. 2.1 Security Deposit /Performance Security will be discharged after completion of contractor s performance obligations under the contract and completion of extended period, if extended and is subject to full and final settlement of the final bill for the works awarded. 2.2 If the contractor fails or neglects any of his obligations under the contract it shall be lawful for BSNL to forfeit either whole or any part of performance security furnished by the bidder as compensation for any loss resulting from such failure. 3. EXECUTION TIME LIMIT The time period as stipulated in the contract or letter of intent shall be deemed to be essence of the contract. 4. PAYMENT TERMS Monthly bills shall be submitted in triplicate to the authority specified in contract along with log Book/Duty Slips duly signed by the user. i) The Payment towards hiring of the vehicle will be made on the basis of trip sheet prepared by the Officer In Charge of the vehicle. ii) Payments will be made monthly by RTGS / NEFT to the contractor after deduction of income tax & statutory taxes (as applicable from time to time) on each bill. iii) The contractor should submit the bill to the concerned Sub Divisional Office on or before 5th of iv) the following month without fail. The bill should contain PAN No. (Income Tax Account No.) & Service Tax Registration of the contractor. v) The Payment towards hiring of the vehicle will be made after receipt of the certified and passed Bill from the BSNL officer in charge of the vehicle, which is complete in all respects and inclusive of all the supporting documents. 5. TERMINATION OF CONTRACT 5.1 In case of any default by the Service Provider and in any of the terms & conditions (whether General or Special), BSNL may without prejudice to any other right/remedy which shall have accrued or shall accrue thereafter, terminate the contract, in whole or in part, by giving 2 (Two) clear working days notice in writing to the Service Provider. 5.2 All instructions, notices and communications etc. under the contract given in writing and if sent to the last known place of business, shall be deemed to be served on the date, even in ordinary course of post, these would have been delivered to the Service Provider.

16 Notwithstanding anything contained herein, BSNL also reserves the right to terminate the contract at any time or stage during the period of contract, by giving 2 (two) days notice in writing without assigning any reason and without incurring any financial liability whatsoever to the Service Provider. 6. TERMINATION FOR INSOLVENCY BSNL may also by giving written notice and without compensation to the contractor terminate the contract if the contractor becomes bankrupt or otherwise insolvent without affecting its right of action or remedy as hirer. 7. FORCE MAJEURE If any time, during the continuance of this contract, the performance in whole or in part by either party of any obligation under this contract is prevented or delayed by reason of any war, or hostility, acts of the public enemy, civil commotion, sabotage, fires, floods explosions, epidemics, quarantine restrictions, strikes, lockouts or act of God (Hereinafter referred to as events) provided notice of happenings, of any such eventuality is given by either party to the other within 21 days from the date of occurrence thereof, neither party small by reason of such events be entitled to terminate this contract nor shall either party have any claim for damages against the other in respect of such on performance or delay in performance under the contract shall be resumed as soon as practicable after such an event may come to an end or cease to exist, and the decision of BSNL as to whether the services have been so resumed or not shall be final and conclusive, provided further that if the performance in whole or part of any obligation under this contract is prevented or delayed by reason of any such event for a period exceeding 60 days either party may, at his option terminate the contract. 8. ARBITRATION 8.1 In the event of any question, dispute or difference arising under the agreement or in connection therewith (Except as to matter the decision to which is specifically provided under this agreement), the same shall be referred to sole arbitration of the CGMM, STR, Chennai / GMM, STR, Chennai, BSNL. In case his designation is changed or his office is abolished then in such case to the sole arbitration of the officer for the time being entrusted whether in addition to the function of the CGMM, STR, Chennai / GMM, STR, Chennai, BSNL or by whatever designation such officers may be called (hereinafter referred to as the said officer) and the said officer is unable or unwilling to act as such, than to the sole arbitration of some other person appointed by the CGM, STR, Chennai or the said officer. The agreement to appoint an arbitrator will be in accordance with the Arbitration and Conciliation Act, The arbitrator may from time to time with the consent of both the parties enlarge the time frame for making and publishing the award. Subject to aforesaid arbitration and conciliation Act, 1996 and the rules made thereunder, any modification thereof for the time being in force shall be deemed to apply to the arbitration proceeding under this clause. 8.3 The venue of the arbitration proceeding shall be Office of CGMM, STR, Chennai or such other place as the arbitrator may decide.

17 SECTION - VII SPECIAL CONDITIONS OF CONTRACT 1. The special conditions of contract shall supplement the instruction to the Bidders as contained in section V and General (commercial) Conditions of the contract as contained in section VI and wherever there is a conflict, the provisions herein shall prevail over those in section V and section VI. 2. In case the date fixed for opening of bids is subsequently declared as holiday by the Government of India, the revised schedule will be notified. However, in absence of such notification, the bids will be opened on next working day, time and venue remaining unaltered. 3. BSNL reserves the right to disqualify such bidders who have a record of not meeting contractual obligations against earlier contract entered into with BSNL. 4. BSNL reserves the right to blacklist a bidder for a suitable period in case he fails to honour his bid without sufficient ground. 5. The liability under relevant sections of Motor Vehicle Act 1968 and IPC causing death or permanent liability occurred due to the vehicle supplied by the contractor, the hiring authority namely BSNL has no responsibility of whatsoever and will not entertain any claim in this regard under the provision of the law. 6. The engagement and employment of drivers and payment of wages to them as per existing provisions of various labour laws and regulations is the sole responsibility of the contractor and any breach of such laws or regulations shall be deemed to be breach of this contract. 7. No sub-contracting is permissible by BSNL. 8. The near relatives of all BSNL employees (Non-executive employees working in all BSNL units in Tamilnadu circle Jurisdiction & executive employees (also called Group-A & Group-B officers working in STR/Tamilnadu Circle either directly recruited or on deputation are prohibited from participation in this tender. The near relatives for this purpose are defined as: (a) Members of Hindu Undivided Family, (b) They are husband and wife, (c) The one is related to the other in the manner as father, mother, son(s), son s Wife (daughter-inlaw), Daughter(s) & daughter s husband (son-in-law), brother(s) & brother s wife, sister(s) & sister s husband (brother-in-law). 9. The Tenderer(s) should give a certificate to the effect that none of his/her such relatives is working in the units of BSNL as defined above. In case of proprietorship firm the certificate will be given by the proprietor, for partnership firm certificate will be given by all the partners and in case of Limited company by all 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. The BSNL will not pay any damages to the company or firm or concerned person. The company or firm or the person will also be debarred for further participation in the concerned unit. 10. The contractor shall assign the job of driving of hired vehicles only to qualified experienced licensed drivers and also assume full responsibility for the safety and security of the officer/officials as well as essential store items while running the vehicle by ensuring safe driving. BSNL shall have no direct or indirect liability arising out of such negligent, rash and impetuous driving which is an offence under section 29 of IPC and any loss caused to BSNL have to be suitable compensated by contractor.

18 The contractor shall when called upon to do so, place at the disposal of BSNL such number of vehicles as may be required although the number of vehicles so demanded may be more than the number of vehicles he is required to supply for the purpose of execution of the contract at same rate and terms and conditions. 12. In no case a vehicle which is not registered for the commercial purpose shall be supplied to BSNL and taxes etc. due on such vehicles shall be liability of the contractor. 13. A) The contractor shall send the vehicle for periodical servicing at the cost of the contractor. BSNL will not pay any mileage run for such servicing nor any deduction is made for the duration involved in such servicing. The cost of lubricants, repairs, maintenance, taxes, insurance, etc., will be to the contractor s liability. B) The contractor shall not abandon the vehicle by not filling the Diesel under any pre-text, which amounts to one of the reasons for Breach of Contract, by which the contractor will be penalized. If the same act of abandoning of the Vehicle by not filling the Diesel / lubricant /servicing is repeatedly committed, in spite of the written warnings given by the vehicle Controlling officer / Concerned Divisional Engineer, the Contract will be terminated and the Contractor will be Black listed. 14. Insurance: The Insurance cover protecting the agency against all claims applicable under the Workmen s Compensation Act, 1948 shall be taken by the Service Provider. The Service Provider shall arrange necessary insurance cover for any persons deployed by him even for short duration. BSNL shall not entertain any claim arising out of mishap, if any, that may take place in the event of any liability/claim falling on BSNL, the same shall be reimbursed /indemnified by the Service Provider. BSNL cannot be held responsible for any damage or loss caused to the vehicle under any circumstance. No private parties should be allowed in the vehicle and in case the vehicle driver misbehaves with the officers and staff, the contractor should take necessary action to change the driver. Entry tax and bridge tax if any in Tamilnadu has to be borne by the contractor. 15. No interest will be paid on EMD/ Security Deposit for the period during which it is held by BSNL. 16. The successful Tenderer should execute an agreement with the Concerned Divisional Engineer, Transmission Maintenance and the agreement text may be collected from the O/o the respective Divisional Engineers. BSNL reserves the right to accept or reject any or all the tenders without giving reasons. 17. The tender is governed by Income Tax rules as applicable. 18. If the vehicle is not of specified model i.e. not older than 2009 year model, the tender is liable to be rejected. 19. The tenderer should ensure that the installments of loan payments towards the purchase of the vehicle from the Banks/or any other agency are paid regularly and avoid incidents like seizure of vehicle for non-payment of instalments, etc. 20. The tenderer should not make any communication in writing /telephonically after opening of Tender and canvassing in any form in respect of Tender will lead to disqualification of the tenderer. 21. The Tenderer will quote the rate in English both in figures as well as in words, in the given schedule for quotations only and not in any other form.

19 In the case of illiterates agencies, the rate tender should be attested by witnesses. The rates quoted in words will be the correct basis and not the shown in figures incase these two rates do not tally. 23. All the corrections, additions and alteration in the entries and Tender Papers will be signed in full by the Tenderer with date. No errors over writing are permissible unless attested under the signature of the Tenderer with date. 24. SET OFF (Recovery of sum due ) : Any sum of money due and payable to the contractor (including security deposit refundable to him) under this contract may be appropriated by BSNL and set off the same against any claim of BSNL for payment of a sum of money arising out of this contract or under any other contract made by contractor with BSNL. 25. In the event of said security deposit being insufficient, the balance of the total amount recoverable, as the case may be shall be deducted from any sum due to the Service Provider under this or any other contract with Bharat Sanchar Nigam Limited. Should this amount be insufficient to cover the said full amount recoverable, the Service Provider shall pay to BSNL on demand the balance amount, if any to BSNL within 30 days of the demand by BSNL. 26. If any amount due to the company is so set off against the said security deposit, the service provider shall have to make good the said amount so set off to bring the security deposit to the original value immediately by not later than 10 days.

20 SECTION VIII SERVICE PROVIDER S OBLIGATIONS 1. Service to be provided is supply of vehicles (on demand) with licensed drivers, registered as commercial vehicles on hiring basis for running within the jurisdiction of GMM, STR, Tamilnadu. The essence of the contract is to provide Prompt, Punctual, Efficient, Safe, Courteous and Quality Service. 2. Quantity of Vehicles to be hired are shown in the Scope of Work in Section II. However BSNL shall place the order only as per the actual requirement from time to time 3. Duty Hours of vehicles are normally for twelve hours per day from hours to 2100 hours on all days of month. However actual duty hours / days shall be specified by actual users of vehicle. 4. Notice period for supply of vehicles shall be one day in advance for Regular requirements. One hour in advance for additional requirement during office hours. Telephonic intimation shall be considered as notice. 5. Reporting Place for vehicles is within the jurisdiction of Officer In charge of the Vehicle. Actual place of reporting shall be specified by users of vehicles. 6. Counting of Distance will be from the starting point of the user and closing at the point wherever user completes his / her travel. The distance covered in each way between user delivery address and the garage/ normal parking place will be allowed on actual basis or 5 KMs whichever is less. 7. Accuracy of Meters will be checked periodically by any authorized officer of BSNL and reserves the right to get the meter calibrated or checked at any time at his sole discretion and in the event of any error/fault in the meter being noticed, the bill for the journey undertaken (including those undertaken earlier) would be adjusted, besides any other penal action as decided by BSNL, which may even lead to termination of Contract. 8. Miscellaneous Conditions: Service Provider should comply with the following: (i) Telephones- Telephones, where requisition of vehicles can be conveyed all the 24 hours. Telephone Numbers must be specified in the bid. The driver should be provided with mobile (ii) telephone and the number should be given to the Officer In Charge. Identity Cards - Proper Identity Cards after verifying the antecedents of his drivers through Local Govt. offices. (iii) Documents of vehicles - The attested copy of R/C Book and the Insurance policy of vehicles supplied under this contract should be submitted to the authorised person of the BSNL and will be subject to scrutiny. (iv) Uniforms - provide his employees uniforms as required under the rules which shall be worn by them all the time while on duty. (v) Statutory Requirements - It is desirable to have the Registration with EPF, ESI Code, Service Tax, PAN etc. However, if the Service Provider does not possess any or all the above, they should obtain the same if required by law to execute this service, with in one month of commencement of Contract. (vi) Govt. Tax / Levy / Duty other than Service Tax for plying the vehicles in the State will be borne by the Service Provider. (vii) Parking / Toll Charges, if any, may be claimed by Producing valid parking / Toll slips. (viii) Driver s attested copy of driving license should be submitted during the contractual period. (ix) Consumables like lubricants, tyres, battery and repairs, maintenance, taxes, insurance, etc. will be to the Service Provider s liability. (x) Assign driving to only qualified experienced licensed drivers and also assume full responsibility for the safety and security of the officers/officials and store items.

21 (xi) Duty Slips/Trip sheets should be signed by the driver in duplicate copy to be printed and serially numbered by the Service Provider as per prescribed format of BSNL and should ensure that at the end of duty; the duty slips are completed and signed by the users. (xii) Vehicles Up-keep shall be in good condition along with good and clean Seat covers & curtains. Vehicles so hired may be inspected by a pre-designated committee of BSNL officers with reference to good/properly maintained vehicle including cabin, upholstery, seats etc. (xiii) Unused KMs if any during a particular month in (monthly KM slabs) will be carried over to the subsequent three months and will be adjusted against any extra KMs if performed over and above the agreed slab for the hired vehicle. A Certificate to this effect is given on the body of bill while submitting claim for payment. 9. Debarring Conditions:- i. No vehicle should be supplied having registration in the Name of employee of BSNL or their close relative and a Certificate to this effect be given on the body of bill while submitting claim. ii. No sub-contracting of the Service allotted is permissible by BSNL. The near relatives of all BSNL employees either directly recruited or on deputation are prohibited from participation in this tender. iii. The tampering of meter reading, vehicle usage timings, overwriting of Summary / log sheet and misbehavior of driver while on duty shall be viewed seriously, leading to even cancellation of contract. iv. Service Provider shall not engage any person below 18 years of age as drivers of the Vehicles v. The contractor shall not abandon the vehicle by not filling the Diesel, etc., under any pre-text, which amounts to one of the reasons for Breach of Contract, by which the contractor will be penalized. If the same act of abandoning of the Vehicle by not filling the Diesel / lubricant /servicing etc is repeatedly committed, in spite of the written warnings given by the vehicle Controlling officer / Concerned Divisional Engineer, the Contract will be terminated and the Contractor will be Black listed. 10. BSNL will not have obligation:- i. No liability whatsoever for payment of wages/salaries, bonus, other benefits and allowances to his personnel that might become applicable under any Act or Order of the Govt. in this regard and the Service Provider shall indemnify BSNL against any/all claims which may arise under the provisions of various Acts, Government Orders etc. and any breach of such laws or regulations shall be deemed to be breach of this contract. ii. No direct or indirect liability arising out of such negligent, rash and impetuous driving which is an offence under section 29 of IPC and any loss caused to BSNL have to be suitably compensated by Service Provider.