Tender No. PLG III/517/NIT/AERIAL OFC/ALP_ZONEIII&IV/ /1 Dated 19/06/2018. Bid Document

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1 भ रत स च र नगम ल मट ड /BHARATH SANCHAR NIGAM LIMITED (भ रत सरक र क उ यम)/(Govt. of India Enterprise) Bid Document Tender for Erection of Aerial Optical Fiber Cable for Provision of FTTH & EB connections (ILL,PRI etc) in two zones of Alappuzha BA O/o General Manager Telecom, (मह ब धक द रस च र जल क य ल य) आल प ष /Alappuzha Signature of the Tenderer 1

2 TABLE OF CONTENTS Section Content Page No. TECHNICAL BID DOCUMENT 3-53 I Notice inviting Tender 3-4 II Bid Form 5 III Tenderer's Profile 6 IV Instructions to Bidders 7-13 IV A E- Tendering Instructions V General (commercial) conditions of contract VI Special conditions of contract VII Scope of work and jurisdiction of contract VIII Agreement IX Certificate of no near relatives in BSNL 39 X Letter of authorization for attending bid opening 40 XI Performance Bank Guarantee XII Mandate form for transfer of payments through Electronic fund transfer scheme 43 XIII Certificate for downloaded document from internet 44 XIV Letter to refund EMD and Pre Receipt 45 XV List of documents to be scanned and uploaded online and to be submitted offline XVI Checklist/Requirements 48 XVII Vendor Master Form XVIII Declaration of EPF & ESI And Misc. Povision 51 XIX Declaration on Clause By Clause Compliance 52 FINANCIAL BID DOCUMENT XX Standard Schedule of rates (Annexure A &B) XXI Financial Bid 56 Signature of the Tenderer 2

3 SECTION I BHARAT SANCHAR NIGAM LIMITED (A Government of India Enterprises) Office of GMT, BSNL, Alappuzha Notice Inviting Tender NIT No. PLG III/517/NIT/AERIAL OFC/ALP_ZONEIII&IV/ /1 Dated 19/06/2018 Digitally sealed On line E-Tenders on 2 bid system are invited for and on behalf of Bharat Sanchar Nigam Limited by the General Manager, Telecom, BSNL, Alappuzha from the eligible experienced contractors with EPF Registration, ESI registration and having valid PAN and GST Registration (not under composite scheme) for the work of erection of aerial OF cable for provision of FTTH (Fibre To The Home)& EB connections(ill,pri etc) (approximately 300 connections in each zone) in two zones of Alappuzha BA I Name of work Erection of Aerial Optical Fibre Cable for provision of FTTH & EB connections(ill,pri etc) in two zones of Alappuzha BA II Area of contract Zone III Harippad & Kayamkulam Divisions Zone IV Mavelikkara & Chengannur Divisions III Period of contract One year from the date of agreement which can be extended further for a period of one year IV Availability of tender document The tender document can be downloaded from / from 02/07/ :00 hrs to 23/07/ :00 hrs. V Time and last date of submission of Bid Up to 13:00 Hrs. on 24/07/2018 VI Time & date of Hrs 24/07/2018 Tender Opening VII Time & date of hrs on 24/07/2018. Financial bid opening VII No. of contractors Maximum two contractors will be empanelled at L1 rate for each zone VIII Estimated cost of Rs.19,00,000/-for each zone work IX Cost of Bid document Rs.590/- for each zone X EMD (Bid security ) Rs.38,000/- for each zone The bidder should have experience in drawing aerial OFC for not less than 5Kms for any telecom operator/ Cable TV operators. Necessary certificate from authorized persons should be submitted. Eligible Contractors can quote bid for any one zone only. Those who had quote bid for tender called vide tender No.PLG III/516 / NIT/ AERIAL OFC/ALP/ /1 Dated 05/05/18 need not quote for this tender. 1. Note: In case the last date of submission /opening of bid is declared to be a holiday, last date of submission / opening of bid will get shifted automatically to next working day at the same scheduled time. Any change in bid submission/ opening date due to any other unavoidable reasons will be notified through the BSNL web site and/or e-tender Portal 2. The Tender document can be downloaded from the website: or and to be submitted in e- Signature of the Tenderer 3

4 format. Cost of Tender Document and Earnest Money Deposit (EMD) should be paid in the form of crossed DD issued by Nationalised / Scheduled Bank in favour of The Accounts Officer (Cash), O/o GMTD, BSNL, Alappuzha payable at Alappuzha. 3. The scanned copies of the Payment receipt towards EMD/BID security, Cost of bid document have to be uploaded in the e-tender Portal of M/s ITI. Those who are having valid NSIC/MSME are exempted from payment of EMD/cost of tender form. 4. 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. 5. 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. Bidders may note that the tender document can be downloaded from the website or following the "Tenders" link of the website from 02/07/2018 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 ( as per SectionXIII. 6. 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. 7. The documents as listed out in Section XV should be uploaded in the E-Tender Portal. 8. BSNL has adopted e-tendering process which offers a unique facility for, Public Online Tender Opening Event (TOE), BSNL s Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices. However, if required, bidders or their authorized representatives can attend the Tender Opening Event at the Office of AGM(NWP-CFA), O/o GMTD, BSNL, Alappuzha where BSNL s Tender Opening Officers would be conducting Public Online Tender Opening Event (TOE). 9. Incomplete, ambiguous, Conditional tender bids are liable to be rejected. 10. Amendments, if any, to the tender document will be notified in the above website as and when such amendments are notified. It is the 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. BSNL reserves the right to reject any or all tenders without assigning any reason what so ever. BSNL reserves the right to award an additional work of 25% of total work mentioned in the tender. BSNL reserves the right to award any route to any contractor according to the priority of work. If any contractor fails to complete the work awarded within the stipulated time, BSNL reserves the right to award the work to other approved contractor, at the approved rate, based on performance. The rate quoted should be inclusive of all duties and levies but excluding GST. The contractor should intimate valid GST Registration details. The tender, which is not accompanied by the requisite EMD and cost of tender form, shall be summarily rejected. For further details visit our website or Sd/- Assistant General Manager (NWP-CFA) O/oGMTD, BSNL, Alappuzha Tele. No Signature of the Tenderer 4

5 SECTION II BID FORM Tender No: PLG III/517/NIT/AERIAL OFC/ALP_ZONEIII&IV/ /1 Dated 19/06/2018 To The General Manager Telecom BSNL Alappuzha Dear Sir, Having examined the conditions of contract and specification including addenda No.. the receipt of which is hereby duly acknowledged, we, undersigned, offer to execute the erection of aerial Optical Fibre for FTTH and EB connections (ILL, PRI etc) in Zone.. in Alappuzha BA in conformity with said drawings, conditions of contract and specification as may be ascertained in accordance with the schedule of prices attached herewith and made part of this Bid. We undertake, if our Bid is accepted, we will execute the work in accordance with specifications, time limits & terms and conditions stipulated in the tender document. If our Bid is accepted, we shall submit the securities as per the conditions mentioned in the contract. We agree to abide by the Bid for a period of 180 days from the date fixed for Bid opening and it shall remain binding upon us and may be accepted at any time before the expiry of the period Until a format Agreement is prepared and executed this Bid together with your written acceptance thereof in your notification of award shall constitute a binding contract between us. Bid submitted by us is properly sealed and prepared so as to prevent any subsequent alteration and replacement. Dated this day of Signature of Authorised Signatory.. In capacity of..... Duly authorized to sign the bid for and behalf of Witness: Signature : Address : Signature of the Tenderer 5

6 SECTION III TENDERERS PROFILE 1. Name of the Tenderer / firm Name of the person submitting the tender Passport size photograph of the Tenderer/Authorized signatory holding power of Attorney (In case of Proprietary / Partnership firms, the tender has to be signed by Proprietor / Partner only, as the case may be) 3. Address of the firm i) Telephone No. (With STD code) Office : Residence: Mobile: ii) Fax No. : iii) address : 5. Registration & incorporation particulars of the firm: i) Proprietorship ii) Partnership iii) Private Limited iv) Public Limited (Please attach attested copies of documents of registration / incorporation of your firm with the competent authority as required by business law) 6. Name of Proprietor/Partner/Directors : 7. PAN No. : 8. ESI Registration No. : 9. EPF Registration No : 10. In case of NSIC/MSME, a) proof regarding current registration and undertaking: b) UAM Number : 11. GST Registration No : Place: I/We hereby declare that the information furnished above is true and correct. Seal of the Tenderer Name of the tenderer Signature of the Tenderer 6

7 SECTION-IV INSTRUCTIONS TO BIDDERS INTRODUCTION: 4.1 The tenderer must read carefully all the terms, conditions and specifications before filling up the Tender Schedule and his Quotation. Tenderers are requested to get well versed with the tender conditions/ guidelines written hereunder. 4.2 Time along with quality of work is the essence of this contract. SITE INVESTIGATION BY THE TENDERER: 4.3 It is assumed that these inferences are made after local inquiries regarding the above said matters and also the probable and possible stipulations, delays, risk contingent upon the nature of sub surface conditions, hindrances or interference to or with the execution and completion of works as per tender conditions and has arrived at his own estimate in respect of the rate quoted. 4.4 It is also assumed that the Tenderer has also taken into consideration all possible contingencies and likely problems and allied matters, incidental thereto and ancillary thereof affecting the execution and completion of work. Any of the excuses at a later stage about his unawareness about the above mentioned conditions after the approval of tender will not be considered. Any failure by the Tenderer in estimating the difficulty or cost properly shall not relieve him of the responsibility of completing or satisfactorily performing the work. 4.5 It may be noted that the estimated cost is only a rough assessment by the BSNL and the BSNL does not link itself to its full correctness and neither the BSNL can be held accountable for any variations, if any found actually. The tenderers are required to make their own detailed assessment and shall quote accordingly. SIMULTANEOUS WORK IN DIFFERENT SECTIONS 4.6 Work in each route (or part thereof, if awarded so), will be treated as a separate work covered by this contract. However, if the tenderer is awarded work simultaneously in more than one route, the tenderer should have enough capacity and resources to carry out the work simultaneously in all the routes awarded to him. 4.7 Tenderers who are confident of ensuring the progress of the work in the time stipulated in NIT, by employing the required resources, men and materials may only participate in this tender offer. The attention of the Tenderer is specifically drawn to the conditions regarding realization of Compensation for delay and slow progress, which may be strictly enforced by the Divisional Engineer as stipulated in the relevant clauses. 4.8 It is to be specifically noted that, the BSNL wants the work to be done simultaneously in as many routes as possible, so that the project can be completed in the shortest possible time. Keeping the interest of the BSNL in mind, the competent authority has full discretion to award the entire work or part of the work in any route to one or more Tenderers, or to carry out the work by BSNL itself or through any other agency by inviting tender/ quotations or by nominations from other reputed and experienced Contractors or by any other means. Signature of the Tenderer 7

8 ELIGIBILITY OF BIDDERS: 4.9 The bidder should have experience in drawing aerial OFC for not less than 5Kms for any telecom operator/ Cable TV operators. Necessary certificate from authorized persons should be submitted.the Invitation of bids is open to all as per their eligibility mentioned in NIT of this tender document except bidders who are blacklisted / debarred from participating in the tender as per clause 5.59 of the tender document THE BID DOCUMENTS: 4.10 The construction work to be carried out, goods required, bidding procedures and contract terms are prescribed in the Bid Documents. The Bid Documents are included in Table of contents: 4.11 The Bidder is expected to examine all instructions, forms, terms and specifications in the bid documents. Failure to furnish all information required as per the Bid Documents or submission of bids not substantially responsive to the Bid Documents in every respect will be at the bidder s risk and shall result in rejection of the bid A prospective bidder, requiring any clarification of the Bid Documents shall notify BSNL in writing or by fax or at BSNL s mailing address indicated in the invitation for Bids. BSNL shall respond in writing to any request for clarification of the Bid Documents, which it receives not later than 7 days prior to the date for the opening of the bids. Copies of the query (without identifying the source) and the clarifications by BSNL shall be notified in the web site / all such clarification issued by BSNL will form part of the bid document At any time, prior to the date for submission of bids, BSNL may, for any reason whether suo motto or in response to a clarification requested by a prospective Bidder, modify the Bid Documents by amendments The amendments shall be notified in our web site / and these amendments will be binding on them In order to afford prospective bidders reasonable time to take the amendments into account in preparing their bids, BSNL may, at its discretion, extend the deadline for the submission / opening of bids suitably The bidder shall bear all costs associated with the preparation and submission of the bid. BSNL, will in no case, be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process. DOCUMENTS ESTABLISHING BIDDER S ELIGIBILITY AND QUALIFICATIONS: 4.17 The bidder shall furnish, as part of his bid documents establishing the bidder s eligibility, the following documents: 1. Bid Security in accordance to Clause 4.18 to Tender documents (s) in original, duly filled in and signed by tenderer or his authorized representative on each page. All corrections and overwriting must be initialed with date by the tenderer or his authorized representative. 3. Copy of PAN card 4. Copy of GST Registration (not under composite scheme) 5. Copy of valid EPF & ESI registration certificate. 6. License from the Central Labour Commissioner if the number of workers Signature of the Tenderer 8

9 under him is 20 or more. 7. The registration of the firm. Authenticated copy of partnership deed in cases of partnership firm. Certificate of incorporation, Article and Memorandum of Association in case of Private/Public Limited Companies. 8. Bid Form, duly filled in as per Section II. 9. Tenderer's profile, duly filled in as per Section III of the tender document. 10. The original Power of Attorney in case person other than the tenderer has signed the tender documents. 11. List of qualified experienced personnel, who are working for the tenderer, who will be deployed for the work. 12. In case of NSIC/MSME, proof regarding current registration and undertaking 13. Experience certificate BID SECURITY: 4.18 The bidder shall furnish, as part of his bid, a bid security (EMD) as specified in the NIT. No interest shall be paid by BSNL on the bid security for any period, what so ever The bid security is required to protect BSNL against the risk of bidders conduct, which would warrant the security s forfeiture, pursuant to Clause 4.24 to Bid Security shall be paid in the form of Crossed Demand Draft issued by a Nationalized/Scheduled bank, drawn for the amount or in the form of Cash payable at AO Cash, O/o GMT, BSNL, Alappuzha or in the manner indicated in the NIT/ Section I of the Tender Document A bid not secured in accordance with Clause 4.18 to 4.20 or valid SSI Regn./ Certificate with NSIC/MSME with UAM no.(udhyog Aadhar Memorandum), shall be rejected by BSNL as non responsive The bid security of the unsuccessful bidder will be refunded as promptly as possible, but not later than 30 days after the expiry of the period of bid validity prescribed by BSNL The successful bidder s bid security will compulsorily be converted to form part of performance security deposit in accordance with the relevant Clause The bid security shall be forfeited and the Acceptance of the Tender shall be reconsidered and revoked under the following conditions. The Tenderer may be debarred from participating in similar tenders called for by the BA for a period of Three months from the date of issue of the order for revocation; 4.25 If a bidder withdraws his bid during the period of bid validity specified in the bid document or 4.26 If the bidder makes any modifications in the terms and conditions of the tender before acceptance of the tender, which are not acceptable to BSNL or 4.27 In case of successful bidder, if the bidder fails: i) To sign the agreement in accordance with the relevant clause, or ii) To furnish Performance Security in accordance with relevant clause Prices shall be quoted by the bidder in % of basic rate, both in words and figures in the financial bid of the document only. Prices quoted at any other place shall not be Signature of the Tenderer 9

10 considered The price quoted by the bidder shall remain fixed during the entire period of contract and shall not be subjected to variation on any account. A bid submitted with an adjustable price quotation will be treated as non-responsive and rejected Bid shall remain valid for 180 days from date of opening of the bid The rates quoted in the bid shall be firm and valid for any other work order for extension of the same route or modification of the route or branching in case of spur routes that may be issued within the above period and remain so until the completion of the work assigned under such a work order The bidder shall submit, as a part of his bid, the bid documents (In original) duly signed on each and every page, establishing the conformity of his bid to the bid documents of all the works to be executed by the bidder under the contract The bid shall contain no Inter-lineation, erasures or overwriting except as necessary to correct errors made by the bidder in which case such corrections shall be signed with date by the person or persons signing the bid Tenders shall be submitted to the AGM ( NWP-CFA) in the prescribed forms placed in cover super scribed Tender for Erection of Aerial Optical Fibre Cable for Provision of FTTH & EB connections(ill,pri etc) in two zones of Alappuzha BA- Zone - The full name and addresses of the Tenderer shall be written on the bottom left hand side corner of the sealed cover Tenders received in covers not sealed (with sealing wax/packing PVC Tape) will not be opened or considered. Closing the cover by gum will not be treated as sealed cover. The outer cover shall bear the seal of the Tenderer with sealing wax properly fixed on the cover. The tenders which are not submitted in above mentioned manner shall be summarily rejected The tenderer will be bound by all terms, conditions & specifications as detailed in the tender documents 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 Tenders should be dropped in person in the tender box placed in the office of AGM(NWP-CFA), 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 BSNL shall not be held responsible for delivery of bid to the wrong address. The slit of the tender box will be sealed immediately after the specified time for receipt of tender. Any tender presented in person after the sealing of box will not be received by (the tendering authority) or by any of the subordinates or will not be allowed to be deposited in the tender box Postponement of Tender opening: If the date of opening of bids is declared as Signature of the Tenderer 10

11 holiday, the bids will be opened on the next working date at the same time and venue The bidder may modify or withdraw his bid after submission and before opening provided that the information is deposited by the bidder in a properly sealed envelope (with Wax/Packing PVC tape) in the tender box, before the scheduled time & date for closing of tender BSNL shall open the bids in the presence of bidders or his authorized representatives who choose to attend, at the time indicated in the NIT / Section I, on due date. The bidder s representatives, who are present, shall sign an attendance register. The bidder shall submit authority letter to this effect before they are allowed to participate in the bid opening (A format is given Section X) A maximum of one representative for any bidder shall be authorized and permitted to attend the bid opening The bidders who have submitted proper bid security as per tender document shall be opened and papers / documents submitted by the bidder shall be examined and recorded by the bid opening committee. After opening the bid, all the documents contained therein shall be serially numbered and signed by the bid opening committee members. The bids for which the bid security is submitted as per NIT, their bid offer shall be read out and recorded by the bid opening committee. Technical Bid will be opened both online and offline in the presence of Bidders present on the due date of opening mentioned in notice inviting tender. FINANCIAL BIDS will be opened on the same day, whose Technical Bid is accepted after primary evaluation of details and documents furnished as per Section XV. Incomplete tender is liable to be rejected. Financial Bid of the selected bidders only will be opened In case there is discrepancy in figures and words in the quote, the same shall be announced in the bid opening, but the quote in words shall prevail A substantially responsive bid is one which conforms to all the terms and conditions of the bid documents without deviations. BSNL s determination of bid s responsiveness is to be based on the contents of the bid documents without deviations. BSNL s determination of bid s responsiveness is to be based on the contents of the bid itself without recourse to extrinsic evidence A bid, determined as substantially non responsive will be rejected by BSNL and shall not subsequent to the bid opening be made responsive by the bidder by correction of the non-conformity The evaluation and comparison of responsive bids shall be on the rates offered and indicated in financial bid of the bid documents (i) BSNL shall consider award of contract only to those eligible bidders whose offers have been found technically, commercially and financially acceptable.the Corporation shall consider award of contract only to those eligible bidders whose offers have been found technically, commercially and financially acceptable. The work will be distributed between L1 & L2 in the ratio of 60%, 40% at L1 rate Signature of the Tenderer 11

12 (ii) If there is no bidder for any zone, GMT, BSNL,Alappuzha reserves the right to award the contract to L1/ L2 tenderer of the quoted zone to the other zone also BSNL, at the time of award under the contract, reserves the right to decrease or increase the work by up to 25% of the total quantum of work specified in the schedule of requirements without any change in the rates or other terms and conditions BSNL reserves the right to accept or reject any bid and to annul the bidding process and reject all bids, at any time prior to award of contract without assigning any reason what so ever and without thereby incurring any liability to the affected bidder or bidders on the grounds for BSNL s action The issue of letter of intent shall constitute the intention of BSNL to enter in to the contract with the bidder. Letter of intent will be issued as offer to the successful bidder The bidder shall within 10 days of issue of letter of intent, give his acceptance along with i) Security Deposit for the amount indicated in the LOI, in conformity with Clause 5.5 of Section - V ii) Copy of Registration / license from appropriate labour authority. iii) Copy of Registration certificate for EPF and ESI (if applicable) iv) Copy of GST Registration certificate 4.54 The signing of agreement shall constitute the award of contract to the bidder. The agreement with the successful bidder shall be signed by BSNL with in a week of submission of performance security As soon as the tender is approved by the competent authority, the EMD deposited by the successful bidder shall be compulsorily converted in to the security deposit, which will be held by BSNL till the completion of warranty period Failure of the successful bidder to comply with the requirement of relevant clause(s) shall constitute sufficient ground for the annulment of the award and forfeiture of the bid security, in which event; BSNL may make the award to any other bidder at the discretion of BSNL or call for new bids The tender is valid for one year from the date of agreement. It can be extended further for a period of one year as per the decision of General Manager, BSNL, Alappuzha under same rate, terms and conditions. SUBMISSION OF BIDS - METHOD OF PREPARATION OF BID : 4.58 The bidder shall fill in the tender document in all respects, sign on all pages along with seal of the firm if any and upload scanned documents of the same in e- Tender Portal. Signature of the Tenderer 12

13 I. CONTENTS OF THE BID The bid contains two parts Part A: The First part relates to uploading of scanned documents required for Technical Bid in the appropriate place of the e-tender Portal. Part B: The Second 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. The bidder shall prepare one complete set of the bid and submit at the Office of AGM(NWP-CFA), O/o GMT, BSNL Alappuzha. Bid for each tender should be submitted in three envelops placed inside a main cover. These envelopes should contain the following: Envelope Marked with Contents of Envelope First Bid Security Containing Bid security and cost of Bid form as per Section.I Second Qualifying Bid Containing documents as per section 4.17 and Section XV except Bid security Third Financial Bid Rates duly quoted by the tenderer in the prescribed format On all these envelopes the name of the firm and whether Bid Security OR Qualifying OR Financial bid must be clearly mentioned and should be properly sealed (with sealing wax/packing PVC tape). These envelopes are to be placed inside an outer envelope and properly sealed (with sealing wax/packing PVC tape). Tenders shall be submitted to the Assistant General Manager( NWP-CFA) in the prescribed forms as per clause 4.34 placed in double sealed covers superscribed Tender for Erection of Aerial Optical Fibre Cable for Provision of FTTH & EB connections(ill,pri etc) in two zones of Alappuzha BA- Zone no. The full name and addresses of the Tenderer shall be written on the bottom left hand side corner of the sealed cover. The address given merely as a post box number shall not be entertained. Signature of the Tenderer 13

14 Section IV-A E-tendering Instructions to Bidders Note :-The instructions given below are ITI s e-tender portal centric and for e- tenders invited by AGM(PLG), O/o.GMT, BSNL, Alappuzha only. General These Special Instructions (for e-tendering) supplement Instruction Bidders, as enclosed in Sec IV of the Tender Documents. to Submission of Bids only through online process is mandatory for this Tender. For conducting electronic tendering, BSNL, Alappuzha, is using the portal ( of M/s ITI a Government of India Undertaking. 1. Tender Bidding Methodology: Sealed Bid System Single Stage Using Two Envelopes, Financial & Techno-commercial bids shall be submitted by the bidder at the same time. 2. Broad outline of activities from Bidders prospective: 1. Procure a Digital Signing Certificate (DSC) 2. Register on Electronic Tendering System (ETS) 3. Create Users and assign roles on ETS 4. View Notice Inviting Tender (NIT) on ETS 5. Download Official Copy of Tender Documents from ETS 6. Clarification to Tender Documents on ETS Query to BSNL (Optional) View response to queries posted by BSNL, as addenda. 7. Bid-Submission on ETS 8. Attend Public Online Tender Opening Event (TOE) on ETS Opening of Technocommercial Part 9. View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond to BSNL s Post-TOE queries 10. Attend Public Online Tender Opening Event (TOE) on ETS Opening of Financial-Part (Only for Technical Responsive Bidders) For participating in this tender online, the following instructions need to be read carefully. These instructions are supplemented with more detailed guidelines on the relevant screens of the ETS. 3. Digital Certificates Signature of the Tenderer 14

15 For integrity of data and its authenticity/ non-repudiation of electronic records, and be compliant with IT Act 2000, it is necessary for each user to have a Digital Certificate (DC). also referred to as Digital Signature Certificate (DSC), of Class 3 or above, issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer 4. Registration Tender document can be downloaded from the website: and to be submitted in the e-format as well as by post/courier/by hand. Cost of Tender Document & and Bid Security (in the form of DD), Power of Attorney in original along with the hard copies of all documents which are uploaded in the e tender portal to be submitted to AGM (NWP-CFA), O/o. GMT, BSNL, Alappuzha before the scheduled date and time of submission of the tender otherwise the Bid will not be considered. Amendments, if any, to the tender document will be notified in the above website as and when such amendments are notified. It is the 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. Intending bidders are requested to register themselves with M/s. ITI through for obtaining user-id, Digital Signature etc., by paying Vendor registration fee. Tender processing fee payment should be done during requisition of tender on line. BSNL has decided to use process of e-tendering for inviting this tender and thus the physical copy of the tender would not be sold. Note: After successful submission of Registration details and Vendor registration fee and processing fee ( as applicable). please contact ITI Helpdesk (as given below), to get your registration accepted/activated. 5.ITI Helpdesk Telephone/Mobile Nos. ID Mr Tharanath, twhelpdesk213@gmail.com Mr Sanil, e.mail :twhelpdesk632@gmail.com [between 9:30 hrs to 18:00 hrs on working days] bsnltwhelpdesk@gmail.com BSNL Contact-1 BSNL s Contact Person AGM.(PLG),O/o GMT,BSNL,Alappuzha-11 Telephone/ Mobile Signature of the Tenderer 15

16 [between 9:30 hrs to 17:00 hrs on working days] ID BSNL Contact-2 BSNL s Contact Person SDE(CP),O/o GMT,BSNL,Alappuzha-11 Telephone/ Mobile [between 9:30 hrs to 17:00 hrs on working days] ID sdecpalp@gmail.com 6.Some Bidding related Information for this Tender (Sealed Bid) The entire bid-submission would be online on ETS. Broad outline of submissions are as follows: The documents should be uploaded as per A of Section XV. 7.Offline Submissions: The bidder is requested to submit the all documents offline to AGM (NWP-CFA),O/o GMT, BSNL,Alappuzha as per B of Section XV. 8.Special Note on Security of Bids Security related functionality has been rigorously implemented in ETS in a multidimensional manner. Starting with 'Acceptance of Registration by the Service Provider', provision for security has been made at various stages in Electronic Tender's software. Specifically for Bid Submission, some security related aspects are outlined below: As part of the Electronic Encrypter functionality, the contents of both the Electronic Forms and the Main-Bid are securely encrypted using a Pass-phrase created by the server itself. The Pass-phrase is more difficult to break. This method of bidencryption does not have the security and data-integrity related vulnerabilities which are inherent in e-tendering systems which use Public- Key of the specified officer of a Buyer organization for bid-encryption. Bid-encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE), even if there is connivance between the concerned tender-opening officers of the Buyer organization and the personnel of e-tendering service provider. 9.Public Online Tender Opening Event (TOE) ETS offers a unique facility for Public Online Tender Opening Event (TOE). Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices. For this purpose, representatives of bidders (i.e. Supplier organization) dully authorized are requested to carry a Laptop and Wireless Connectivity to Internet. Every legal requirement for a transparent and secure Public Online Tender Opening Event (TOE) has been implemented on ETS. Signature of the Tenderer 16

17 As soon as a Bid is decrypted with the corresponding Pass-Phrase as submitted online by the bidder himself (during the TOE itself), salient points of the Bids are simultaneously made available for downloading by all participating bidders. The work of taking notes during a manual Tender Opening Event is therefore replaced with this superior and convenient form of Public Online Tender Opening Event (TOE). ETS has a unique facility of Online Comparison Chart which is dynamically updated as each online bid is opened. The format of the chart is based on inputs provided by the Buyer for each Tender. The information in the Comparison Chart is based on the data submitted by the Bidders in electronic forms. A detailed Technical and/ or Financial Comparison Chart enhances Transparency. Detailed instructions are given on relevant screens. ETS has a unique facility of a detailed report titled Minutes of Online Tender Opening Event (TOE) covering all important activities of Online Tender Opening Event (TOE). This is available to all participating bidders for Viewing/ Downloading. There are many more facilities and features on ETS. For a particular tender, the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer. 10.Other Instructions For further instructions, the vendor should visit the home -page of the portal ( Important Note: It is strongly recommended that all authorized users of Supplier organizations should thoroughly peruse the information provided under the relevant links, and take appropriate action. This will prevent hiccups, and minimize teething problems during the use of ETS. The following FOUR KEY INSTRUCTIONS for BIDDERS must be assiduously adhered to: Obtain individual Digital Signing Certificate (DSC or DC) well in advance of your first tender submission deadline on ETS Register your organization on ETS well in advance of your first tender submission deadline on ETS Get your organization s concerned executives trained on ETS well in advance of your first tender submission deadline on ETS Submit your bids well in advance of tender submission deadline on ETS (There could be last minute problems due to internet timeout, breakdown, etc While the first three instructions mentioned above are especially relevant to first-time users of ETS, the fourth instruction is relevant at all times. 11.Minimum Requirements at Bidders end Computer System with good configuration (Min P IV, 1 GB RAM, Windows XP) Signature of the Tenderer 17

18 Broadband connectivity. Microsoft Internet Explorer 6.0 or above Digital Certificate(s) 12.Vendors Training Program Vendors may contact the ITI Helpdesk personnel given in Section IV A,for any type of training/help, which they may require while uploading the bids. Signature of the Tenderer 18

19 SECTION V APPLICATION: GENERAL (COMMERCIAL) CONDITIONS OF THE CONTRACT 5.1 The General condition shall apply in contracts made by BSNL for the execution of Aerial optical fibre laying including supply, erection and testing for FTTH/EB connection.the work to be executed under the contract shall confirm to the standards prescribed in the OF cable construction practices. 5.2 Prices charged by the contractor for the works performed under the Contract shall not be higher from the prices quoted by the contractor in his Bid. 5.3 Price once fixed will remain valid for the period of contract. Increase and decrease of taxes/duties will not affect the price during this period. 5.4 The contractor shall not assign, sub contract or subject the whole or any part of the works covered by the contract, under any circumstances. 5.5 The contractor whose tender has been accepted shall deposit an additional sum, at the time of executing the Contract Agreement, which along with the EMD submitted with the tender, will make the security deposit equal to 7% (Seven percent) of the estimated cost or accepted tender cost whichever is higher. The amount can be paid in one of the following ways:- i) Demand Draft/ Banker s cheque drawn in favour of Accounts Officer (Cash), BSNL,Alappuzha and payable at Alappuzha. ii.) Bank Guarantee from a Nationalised/scheduled bank drawn in favour of General Manager, BSNL, Alappuzha and as per proforma provided in Section XI of this bid document. 5.6 The proceeds of the security deposit shall be payable to BSNL as compensation for any loss resulting from the contractor s failure to complete its obligations under the contract. 5.7 The security deposit shall be refunded after expiry of warranty period of last work executed provided there are no recoveries to be made arising out of poor quality of work, incomplete work and/or violation of any terms and conditions of the contract as stipulated in the bid document. 5.8 No interest will be paid to the contractor on the security deposit. Issue of Work Orders and Time Limit 5.9 The work order shall be issued so as to include all items of works The work orders shall be issued by the Divisional Engineer External / transmission/ Installation after examining the technical and planning details of the works to be executed If due to any reason partial work order is to be issued then the same shall be issued with the approval of an officer not below the rank of Deputy General Manager The Divisional Engineer External / transmission / Installation shall mention the time limit to execute the work order after seeing the quantum of work and store availability position BSNL reserves the right to cancel or modify the scope of work stipulated to be carried out against the work order in the event of change of plan necessitated on account of technical reasons or in the opinion of work order issuing authority or the GMT, Alappuzha, the contractor is not executing the work at the required place. Extension of the Time limit 5.14 In each work order, the work order issuing authority shall specify the time allowed for completion of work consistent with magnitude and urgency of work. The time allowed for carrying out the work as entered in the tender shall be strictly observed by the Contractor and shall be reckoned from the THIRD DAY after the date on which the work order is issued to the contractor Signature of the Tenderer 19

20 or from the actual date of commencement of work whichever is earlier for new connections 5.15 If the contractor fails to start the work by the due date (THIRD DAY), after the issue of work order, (or) does not maintain the progress as mentioned above, the contract is liable to be terminated by BSNL without waiting for completion of the whole time allowed as Time is the essence of the contract, and BSNL desires no time overrun in completion of the project In each work order, the work order issuing authority shall specify the time allowed for completion of work consistent with the magnitude and urgency of work. The time allowed for carrying out the work is to be strictly observed by the contractor and shall be reckoned from third day from the date of issue of the work order, or an earlier date if work is urgently required, and indicated in the work order In as much as the time being deemed to be the essence of contract, throughout the stipulated period of contract, the work is to be proceeded with all due diligence on the part of the contractor. Application for extension of the Time and sanction of Extension of Time: 5.18 There may be some hindrances, other than covered under force majeure, while execution of work and in such cases the contractor shall apply in writing. The Competent Authority is empowered to grant extension of time for completion of work on certain conditions. He shall exercise such powers, if the following conditions are satisfied The Application contains the ground(s), which hindered the contractor in execution of work The Engineer-in-charge is of the opinion that the grounds shown for extension of time are reasonable The competent authority shall consider the request keeping all the facts and circumstances in view and shall grant extension of time, if in his opinion, there are reasonable and sufficient grounds for granting such extension and the reasons for delay are not attributable to the contractor The Competent Authority may also grant extension of time for completion of work in cases where reasons for delay are ascribable to the contractor, but such extension of time shall be with LD Charges dealing with penalty for delays in execution of works. The extension of time with LD Charges shall be issued under the signature of JAG level Telecom Officer (DGM level) competent to grant the extension of time If the competent authority is of the opinion that the grounds shown by the contractors are not reasonable and sufficient and declines to grant the extension of time, the contractor cannot challenge the soundness of the opinion by reference to arbitration. The decision of the competent authority on period of extension of time or refusal for extension of time shall be final and binding on the contractor. Grant of Extension of Time without Applications: 5.24 There are, at times, practical difficulties like non-availability of materials etc, reasons of which are ascribable to BSNL. In such cases, the Engineer-In-Charge with the approval of competent Authority to sanction EOT may issue extension of time suo moto without waiting for contractor to make an application for EOT. Entry of hindrances shall be made in the Hindrance Register. The BSNL will, however, not be liable to the contractor for any losses or damages, costs, charges, or expenses that the contractor may in any way sustain/suffer due to delay in making the above available The work shall be deemed to have been completed only after the same has been tested for attenuation factor of the fibre laid. Signature of the Tenderer 20

21 5.26 If the contractor or his working people or servants break, deface, injure or destroy (i) any building, road, road kerb, fence, enclosure, water pipe, cables, drains, etc contiguous to the area in which the work or any part is being executed (ii) or if any damage shall happen to the work while in progress, from any cause whatever (iii) or if any defect, shrinkage or any other faults appear in the work within the contract period or otherwise of its completion shall have been given by the Engineer-in-charge as aforesaid arising out of defect or improper materials or workmanship the contractor shall upon receipt of a notice in writing on that behalf make the same good at his own expense or in default the Engineer-in-charge cause the same to be made good by other workmen and deduct the expense from any sums that may be due or at any time thereafter may become due to the contractor, or from his security deposit or the proceeds of sale thereof or of a sufficient portion thereof The security deposit of the contractor shall not be refunded before the expiry of contract period In addition to any and all other guarantee and warranty mentioned in the contract documents the Contractor guarantees that the entire work will be done in a satisfactory manner and free from any defects in material, workmanship, construction and finish and in conformity in all aspects with the Construction Specifications and directions. The Contractor also undertakes to repair or replace as the case may be at his own cost and risk any part of the work which may be damaged or that may develop any defects due to bad workmanship or otherwise due to the fault of the Contractor If any defect is not remedied within a reasonable time, as prescribed by BSNL, BSNL may proceed to do the work at the contractor s risk and costs, but without prejudice to any other rights which BSNL may have against the contractor in respect of such defects Rectification under warranty clause shall be made by the contractor free of all charges at site including freight, insurance, cost of works and other incidental charges BSNL shall have the right to cause an audit and technical examination of the work and the final bills of the contractor including all supporting vouchers, abstract etc., to be made after payment of the final bill and if as a result of such audit and technical examination any sum is found to have been overpaid in respect of any work done by the contractor under the contract or any work claimed by him to have been done by him under the contract and found not to have been executed, the contractor shall be liable to the refund the amount of over payment and it shall be lawful for BSNL to recover the same from him in the manner prescribed in the relevant clauses, or in any other manner legally permissible and if it is found that the contractor was paid less than what was due to him under the contract in respect of any work executed by him under it, the amount of such under payment shall be duly paid by BSNL to the contractor Provided that BSNL shall be entitled to recover any sum overpaid, nor the contractor shall be entitled to payment of any sum paid short where such payment have been agreed upon between the Divisional Engineer or his subordinate officer on one hand and the contractor on the other under any term of the contract permitting payment for work after assessment by the GMT, Alappuzha or his subordinate officer Any sum of money due and payable to the contractor (including security deposit returnable to him) under this contract may be appropriated by the BSNL for the payment of a sum of money arising out or under any other contract made by the contractor with the BSNL. Signature of the Tenderer 21

22 e-payment : 5.34 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 by the bidder. The cost of ECS/EFT will be borne by BSNL in all cases where the payment to Contractor/supplier is made in a local branch i.e., bidder is having bank account in the same place where the payment is made by BSNL unit In case payment is made to outside branch i.e., bidder is having bank account not in the same place from where the payment is made by BSNL unit, the crediting cost will have to be borne by the bidder/recipient only The bidder must submit the Mandate form (Section XII) for transfer of payment through Electronic Clearance/ Electronic Fund transfer The payment will be made only through e payment viz RTGS/NEFT For claiming payment, the following documents are to be submitted to the paying authority a) All the details of supplier (name, address, GSTIN, place of supply, SAC/HSN code etc.) and other mandatory shall be mentioned on the invoice. b) Timely uploading of correct and necessary information on GSTN portal is mandatory as prescribed in GST compliance. c) Any other document as may be demanded by BSNL Application of various provisions under Goods & Service Tax Act (GST) a)tax Clause All taxes except CGST, SGST, UTGST & IGST if any, required to be paid on the invoices shall be borne by the supplier. TDS/TCS shall be deducted at the prescribed rate, if any ( as the case may be). b) Payment terms BSNL will make payment to supplier only after the invoice is uploaded by supplier in GST outward return i.e. GSTR-1 and credit of GST is available (reflected in GSTR-2A) to BSNL. c) Supplier hereby agrees that it will be solely responsible for performing all compliances and making payments of GST, Cesses, interest, penalties or any other tax/duty/amount/charge/liability arising either out of laws/regulations applicable in India and overseas or because of a demand/recovery initiated by any revenue authority under laws/regulations applicable in India or overseas. d) GST Invoice It shall be the responsibility of supplier to raise appropriate tax invoice as per the provisions of GST Act. BSNL reserves the right to be indemnified for the credit loss in case BSNL is unable to claim the input tax credit for any noncompliance/default in raising appropriate invoice by supplier. Further all invoices should be sent to BSNL Promptly. BSNL can adjust/forfeit Bank Guarantee obtained from the supplier against any loss of input tax credit to BSNL on account of supplier s default. e) Further the supplier is required to comply following requirements w.r.t. issuance of invoice:- *All the details of contractor (name, address, GSTIN/unregistered vendor, place of supply, SAC/HSN code etc.) and other mandatory details shall be mentioned on the invoice. *Invoice/DN/CN need to be issued timely within the time prescribed under GST law; *In case of any deficient supply, BSNL shall convey the same in a reasonable Signature of the Tenderer 22

23 time to enable the supplier to issue credit note and take tax adjustment; *It would be the responsibility of the supplier to declare correct information on invoice and GST portal viz the amount, the place of supply, rate of tax etc. In case, the eligibility of input tax credit is questioned or denied to BSNL on account of default by the supplier, the same would be recovered by BSNL from the supplier. *Registered location of both the parties i.e. BSNL and supplier should be mentioned in the agreement with GSTIN No. Further, supplier should raise invoices at the registered premise of BSNL for availment of credit and ensure that the place of supply as per GST law is same as registered premise; *It shall be the responsibility of supplier to raise invoice within the prescribed timelines; *E-way bill number should be mentioned on the invoices; f) Indemnity It is the responsibility of the supplier to ensure that outward supply return (GSTR-1) is filed correctly and to declare correct information on the invoice and GST portal. In case of mismatch because of vendor s fault, prompt amendments must be make by the supplier else supplier shall be required to indemnify BSNL of the loss of credit due to mismatch and BSNL shall recover the said amount from vendor. The compliances to be adhered by supplier includes (but is not limited to) the following: (i) Uploading appropriate invoice details on the GSTN (Goods and Service Tax Network) within the stipulated time; (ii) Issuing GST complaint invoice/cn/dn. PO issued by BSNL should be referred by supplier for capturing information on the invoice; (iii) Acceptance of changes made by BSNL on GSTN on account of non-upload or incorrect upload of details on GSTN. Such changes w.r.t. the mismatch are required to be accepted by supplier within the time limit prescribed under the GST law. It must be noted that in case supplier does not accept such changes within the time limit prescribed under GST law, the loss of input tax credit (if any) would be recovered from the supplier. BSNL reserves the right to be indemnified for the credit loss and recover the said amount from the supplier in case BSNL is unable to claim the input tax credit for any on-compliance or default or due to lack of diligence on the part of the supplier. Further, in case any credit is not received or short credit is received or in case of any error because of which no credit is received then such equivalent amount is not liable to be paid by BSNL. Where, however the amount has already been paid by BSNL the same is liable to be recoverable or adjustable against subsequent payments Debit/Credit Note - The supplier acknowledges and agrees to issue appropriate debit note/credit note as prescribed under GST Act and send to BSNL within the prescribed time. All documents should be received well in advance so as to enable BSNL to claim proper credit. Further it shall be the responsibility of the supplier to declare the details of such credit note in the return for the month during which such credit note has been issued but not later than September following the end of the financial year in which such supply was made, or the date of furnishing of the relevant annual return. BSNL reserves the right to be indemnified for the credit loss by supplier in case BSNL is unable to claim the input tax credit for any non-compliance or default or due to lack of diligence on the part of the supplier, whichever is earlier. Signature of the Tenderer 23

24 5.38 Procedure for Preparation and settlement of bills: The bill for the work carried out will be settled work order wise. The contractor will be responsible to submit the bills in time, prepared accurately, and giving all details to facilitate early payment. Final bills should be prepared accurately after testing of all the items involved in the work by an officer designated by BSNL as per 6.1. Contractor should submit the bill within 10 days of testing to the SDE/JTO in charge in the following conditions: i) The contractor shall prepare the bill (tax invoice as per GST norms) in triplicate after completion of the entire work entrusted against the work order and submit the same to JTO/ S.D.E. in-charge of work within 30 days of bills should be submitted in triplicate signed by the contractor. The contractor shall raise appropriate tax invoice as per the provisions of GST ACT.GST number should be specifically mentioned in all the bills. The contractor should upload the details of services in GSTN site immediately on issue of the invoice without which the payment will not be effected While processing payments. correction in Bills to be avoided. If correction is required credit note need to be submitted by the vendor under GST ACT and send to BSNL within the prescribed limit and upload the same in GST site. BSNL reserves the right to be indemnified for the credit loss in case BSNL is unable to claim input tax credit for any non compliance/default in raising appropriate invoice by the contractor. Further all invoices should be send to BSNL promptly.the contract shall comply the provisions of GST ACT and amendments issued from time to time. ii) Details of the quantity and nature of each item of work as well as the stipulated rates are to be given. iii) The bills are to be submitted through the concerned Junior Telecom Officer or Sub Divisional Engineer in charge of the work. iv) The dates of execution of woks and the date of completion are to be noted. Bill No. and date should invariably be furnished. 2. The bills should be submitted within 30 days of completion of work. The SDE in charge of work shall submit the final bill received from the contractor to the Divisional Engineer, in-charge of work along with the testing report by designated BSNL officer, Material reconciliation statement, Details of recoveries/ penalties for delays, damages to BSNL/ Third party properties as per provisions of the contract and in case no recovery is to made, NIL report needs to be submitted. Bills are to be processed through ERP as per the norms by concerned SDE and signed copy of PO and SES have to be submitted along with the bill. Income tax as per rules will be deducted from the bills and remitted to Income Tax Department. Work contract tax at the prescribed rates will be recovered if applicable and remitted to Commercial Tax Department. Procedure for payment for sub standard work 5.39 The contractors are required to execute all works satisfactorily and in accordance with the specifications. If certain items of work are executed with unsound, imperfect or unskilled workmanship or with materials of any inferior description or that any materials or articles provided by him for execution of work or unsound or of a quality Signature of the Tenderer 24

25 inferior to that contracted for or otherwise not in accordance with the contract (referred to as substandard work hereinafter), the Divisional Engineer in-charge shall make a demand in writing specifying the work, materials or articles about which there is a complaint and the contractor has to replace / reinstall the said portion at the cost of the contractor according to the specification in tender/work order and in satisfaction to the Divisional Engineer in Charge. If the contractor fails to carry out the above mentioned work, BSNL will carry out the work and the cost will be deducted from the amount payable to the contractor. Timely action by Construction Officers: 5.40 Timely reporting and action, to a great extent, can prevent occurrence of sub standard work, which will be difficult or impossible to rectify later on. It is incumbent on the part of Construction Officers to point out the defects in work in time during progress of the work. The Junior Telecom Officer/Sub Divisional Engineer responsible for execution and supervision of work shall without any loss of time submit a report of occurrence of any sub standard work to the Divisional Engineer in-charge. A notice in respect of defective work shall be given to the contractor by Divisional Engineer in-charge in writing during the progress of work asking the contractor to rectify/replace/remove the sub standard item of work and also definite time period within which such rectification/removal/replacement has to be done. After expiry of the notice period, if the contractor fails to rectify/replace/remove the sub standard items, the defects shall be got rectified/replaced/removed by BSNL or through some other agency at the risk and cost of the contractor Non-reporting of the sub standard work in time on the part of Construction Officer(s) shall not in any way entitle the contractor to claim that the defects were not pointed out during execution and as such the contractor cannot be absolved of the responsibility for sub standard work and associated liabilities. The contractor shall ensure a warranty for a minimum period of 3 months for the quality of work from the date of commissioning of the circuit Authority and procedure to accept sub standard work and payment thereof: There may be certain items of work pointed out as sub standard which may be difficult to rectify and in the opinion of the GMT, Alappuzha, the items in question will not materially deteriorate the quality of service provided by the construction, the GMT Alappuzha, shall appoint committee to work out the reduced rates payable to the contractor for such sub standard work. The committee shall constitute one Divisional Engineer other than the one who is directly in-charge of the work, involving sub standard items of work, as Chairman and one S.D.E. and an Accounts Officer as members. The committee shall take into account the approximate cost of material/work pointed out as sub standard and recommend the rates payable for sub standard work which shall not exceed 60% of the approved rates of the item in question. Delays in the contractor s performance: 5.43 The work should be commenced by the contractor within three days for erection of OF cable for new FTTH / EB connections from the date of issue of work order by the unit officer of the BA and completed within the stipulated time given in the work order The time allowed for completion of the work as entered in the tender shall be strictly adhered by the contractor and shall be deemed to be the most important aspect of the contract on the part of the contractor and shall be reckoned from THIRD day from issue of work order by BSNL or an earlier day if specified in the work order or Part I. The work shall, throughout the stipulated period of contract, be proceeded with all due diligence to achieve Signature of the Tenderer 25

26 the desired progress uniformly, and the contractor shall pay as penalty an amount equal to 0.5 % of the work order cost for each week of delay or part thereof for a period upto 10 weeks and thereafter at the rate of 0.7% of the value of the work order for each week of delay or part thereof for another 10 weeks of delay,subject to a maximum of 12 (twelve) percent of the cost of the work awarded along with applicable GST ( as may be applicable) On any date the penalty payable as above, reaches 12(twelve) percent of the estimated cost of the work, the contractor should proceed with the work further only on getting a written instructions from the Divisional Engineer that, he is allowed to proceed further with the work. It will be in the discretion of the Divisional Engineer to allow the contractor to continue with the work on the basis of any written agreement reached between the contractor and the Divisional Engineer one of the conditions of such agreement may be a stipulation for the contractor to agree for realization of penalty for delay at a higher rate as may be agreed between the Divisional Engineer and contractor Penalty for delay in completion of the work shall be recoverable from the bills of the contractor and /or from the bills of any other contract or at the time of final settlement of bills on completion of work In case of slow progress of the work in a route which have been awarded to a particular contractor, and the public interest does not permit extension of time limit for completion of work, the GMT Alappuzha will have the full right to order that the scope of the contractor may be restricted to such fraction of the whole of the work and get the balance executed at the risk and cost of the contractor. All such payments shall be recovered from the contractor s pending bills or security deposit The GMT Alappuzha reserves the right to cancel the contract and forfeit the security deposit if the contractor fails to commence the work within 7 days after issue of the work order To ensure progress during the execution of work and to cause minimum inconvenience to the public, the contractor shall not be keep open the trench for more than 4 days for erecting the posts. In the event of contractor failing to comply with, these conditions, a penalty of recovery up to Rs.300/- per day the trench is kept open beyond the time limit allowed may be imposed by BSNL. This penalty will be in addition to that payable for delay or slow work If any such penalty is levied on a contractor for more than 2 occasions, then his/her contract could be terminated. In this regard the decision of GMT, Alappuzha shall be final and binding During excavation of trench utmost care is to be taken by the contractor, so that the existing underground cables/ utilities are not damaged or cut Cable owned by BSNL: In case any damage/cut is done to the existing cables owned by BSNL, a penalty as per the schedule given below will be charged from the contractor or the amount will be deducted from his running bills; Size of existing cables cut/ Damage Amount of Penalty per cut/ damages Up to 100 pairs cable Rs (Five Hundred) Above 100 pairs & up to 400 pairs Rs. 1,000.00(One thousand) Above 400 pairs Rs. 2, (Two thousand) OF cable of any size Rs (Fifty Thousand) Signature of the Tenderer 26

27 5.52 Cable / Utility owned by Other Agencies: Damage caused for any other utilities the contractor shall be held fully responsible. The damage charges what ever claimed by the affected agency shall be borne by the Contractor. To this effect the amount shall be deducted from his bills / Security deposit or any other amount with BSNL The contractor while taking delivery of materials supplied by BSNL at the designated place shall thoroughly inspect all items before taking them over. In case of execution of the work, if any materials are found damaged/working unsatisfactorily, then a penalty equivalent to the cost of material plus (+) 17.5 % as penalty shall be recovered from the contractor s payment/securities However, contractor will not be penalised for any defect in workmanship of the materials, which shall be taken up separately with the supplier of the stores Circumstances for rescission of contract: Under the following conditions the competent authority may rescind the contract. a) If the contractor commits breach of any item of terms and conditions of the contract. b) If the contractor suspends or abandons the execution of work and the engineer in-charge of the work comes to conclusion that work could not be completed by the due date for completion or the contractor had already failed to complete the work by that date. c) If the contractor had been given by the officer-in-charge of work a notice in writing to rectify/replace any defective work and he/she fails to comply with the requirement within the specified period Upon rescission of the contract, the security deposit of the contractor shall be liable to be forfeited and shall be absolutely at the disposal of the BSNL as under: The unused material (Supplied by the Department) available at site, shall be transported back by the department to the Telecom Store at the risk and cost of the contractor. If any such material is found damaged/lost then the penalty shall also be recovered from the contractor as per conditions in tender documents, ibid The un-executed work shall be got executed through the qualified bidder from amongst the bidders, who participated in the bidding process, by giving them offers in their order or ranking (L2, L3---) at their quoted rates. If the work was awarded on single tender basis then the department shall get the unexecuted work completed through any other contractor approved in the ALP BA at the approved rates of that particular section or to execute the work departmentally, as is convenient or expedient to the Department at the risk and cost of the contractor. In such a event no compensation shall be payable by the BSNL to the contractor towards any inconvenience/loss that he may be subjected to as a result or such as action by the BSNL. In this regard the decision of the GMT ALP shall be final and binding. In all these cases, expenses which may be incurred in excess of the sum which would have been paid to the original contractor if the whole work had been executed by him shall be borne and paid by the original contractor and shall be deducted from any money due to him by the BSNL under the contract or any other account what so ever any where in the department or from a security deposit The certificate of the Divisional Engineer in-charge of work as to the value of work done shall be final and conclusive against the contractor, provided always that action shall only be taken after giving notice in writing to the contractor. Signature of the Tenderer 27

28 5.58 The Department may at any time terminate the Contract by giving written notice to the contractor, without compensation to contractor, if the contractor becomes bankrupt or otherwise insolvent as declared by the competent court provided that such termination will not prejudice or affect any right or action or remedy which has accrued or will accrue thereafter to the BSNL Upon rescission/termination of the contract, the contractor shall be debarred from participating in any of the tenders pertaining to the BA, for a period ONE YEAR from the date of issue of rescission/termination order by the BA. The unexecuted work will be got completed by any other contractor, approved in the BA BSNL may at any time terminate the Contract by giving written notice to the contractor, without compensation to Contractor, if the Contractor becomes bankrupt or otherwise insolvent as declared by the competent court provided that such termination will not prejudice or affect any right or action or remedy which has accrued or will accrue thereafter to BSNL The BSNL may, at any time, at its option cancel and terminate this contract by written notice to the contractor, in which event the contractor shall be entitled to payment for the work done up to the time of such cancellation In the event of the termination of the contract, the contractor shall forthwith clear the site of all the contractor s materials, machinery and equipment s and hand over possession of the work/operations concerned to the BSNL or as the BSNL may direct The BSNL may, at its option, cancel or omit the execution of one or more items of work under this contract and any part of such items without any compensation whatsoever to the contractor. Issuance of Notice: 5.64 The Divisional Engineer External / transmission / Installation shall issue Show cause notice giving details of lapses, violation of terms and conditions of the contract, wrongful delays or suspension of work or slow progress to the contractor directing the contractor to take corrective action. A definite time schedule for corrective action shall be mentioned in the show cause notice. If the contractor fails to take corrective action within the stipulated time frame, the Divisional Engineer in-charge shall submit a draft of final notice along with a detailed report to the competent authority who had accepted the contract The final notice for rescission of contract to the contractor shall expressly state the precise date and time from which the rescission would become effective. The following safe guards shall be taken while issuing the final notice: a) During the period of service of notice and its effectiveness, the contractor should not be allowed to remove from the site any material/equipment belonging to BSNL. b) The contractor shall give in writing the tools and plants he would like to take away/remove from the site. Such of the materials as belong to him and which may not be required for future execution of balance work may be allowed by the Divisional Engineer incharge of work to be removed with proper records. c) No new construction beneficial to the contractor shall be allowed Signature of the Tenderer 28

29 d) Adequate security arrangement by BSNL in replacement of the contractor watch and ward shall be made forthwith. Expenses on this account are recoverable from the security deposit or any amount due to the contractor. INDEMNITIES 5.66 The contractor shall at all times hold the BSNL harmless and indemnify from against all action, suits, proceedings, works, costs, damages, charges claims and demands of every nature and descriptions, brought or procured against the BSNL, its officers and employees and forthwith upon demand and without protect or demur to pay to the BSNL any and all losses and damages and cost (inclusive between attorney and client) and all costs incurred in endorsing this or any other indemnity or security which the BSNL may now or at any time have relative to the work or the contractors obligation or in protecting or endorsing its right in any suit on other legal proceeding, charges and expense and liabilities resulting from or incidental or in connection with injury, damages of the contractor or damage to property resulting from or arising out of or in any way connected with or incidental to the operations caused by the contract documents. In addition the contractor shall reimburse the BSNL or pay to the BSNL forthwith on demand without protect or demur all cost, charges and expenses and losses and damages otherwise incurred by it in consequences of any claim, damages and actions which may be brought against the BSNL arising out of or incidental to or in connection with the operation covered by the contractor The contractor shall at his own cost at the BSNL s request defend any suit or other proceeding asserting a claim covered by this indemnity, but shall not settle, compound or compromise any suit or other finding without first consulting the BSNL. FORCE MAJEURE: 5.68 If any time, during the continuance of this contract, the performance in whole or in part by either party or any obligation under this contract shall be prevented or delayed by reason of any war, or hostility, acts of the public enemy, civil commotion sabotage, fires, floods, explosions, epidemics, quarantine restrictions, strikes, lockouts or act of God(herein after referred to as events) provided notice of happenings, of any such eventuality is given by either party to the other within 21 days from the date of occurrence thereof, neither party shall by reason of such event be entitled to terminate this contract nor shall either party have any such claim for damages against the other in respect of such nonperformance and work under the contract shall be resumed as soon as practicable after such event may come to an end or cease to exist, and the decision of BSNL as to whether the works 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 45 days either party may, at his option terminate the contract Provided also that if the contract is terminated under this clause, BSNL shall be at liberty to take over from the contractor at a price to be fixed by BSNL, which shall be final, all unused, undamaged and acceptable materials, bought out components and stores in the course of execution of the contract, in possession of the contractor at the time of such termination of such portion thereof as BSNL may deem fit excepting such materials bought out components and stores as the contracts may with the concurrence of BSNL elect to retain. Arbitration : In the event of any question, dispute or difference arising under this agreement or in connection there with except as to matter the decision of which is specifically provided under this agreement the same shall be referred to sole arbitration of the Chief General Manager, Telecom, Kerala Circle or in case his Signature of the Tenderer 29

30 designation is changed or his office is abolished then in such case to the sole arbitration of the off icer for the time being entrusted whether in addition to the functions of the Chief General Manager Telecom, Kerala Circle or by whatever designation such officers may be called (hereinafter referred to as the said officer) and if the Chief General Manager, Telecom, Kerala Circle or the said officer is unable or unwilling to act as such to the sole arbitration or some other person appointed by the Chief General Manager, or the said officer. The agreement to appoint an arbitrator will be in accordance with the Arbitration and Conciliation Act, There will be no objection to any such appointment that the arbitrator is BSNL Servant or that he has to deal with the matter to which the agreement relates or that in the course of his duties as BSNL Servant he has expressed views on all or any of the matter under dispute. The award of the arbitrator shall be f inal and binding on the parties. In the event of such arbitrator to whom the matter is originally referred, being transferred or vacating his office or being unable to act for any reasons whatsoever such Chief GENERAL MANAGER or the said officer shall appoint another person to act as arbitrator in accordance with terms of the agreement and the person so appointed shall be entitled to proceed from the stage at which it was left out by his predecessors The arbitrator may from time to time with the consent of parties enlarge the time for making and publishing the award, Subject to aforesaid Indian Arbitration and Conciliation Act1996 and the Rules made there under, any modification thereof for the time being in force shall be deemed to apply to the arbitration proceeding under this clause The venue of the arbitration proceeding shall be the Office of the Chief General Manager, Telecom,Kerala Circle or such other places as the arbitrator may decide. The following procedure shall be followed.a) In case parties are unable to reach a settlement by themselves, the dispute should be submitted or arbitration in accordance with contract agreement. b) There should not be a joint submission with the contractor to the sole Arbitrator. c) Each party should submit its own claim separately and may oppose the claim put forward by other party. d) The onus of establishing his claims will be left to the contractor. e) Once a claim has been included in the submission by the contractor, a reiteration or modification thereof will be opposed. f) The points of defence will be based on actual conditions of the contract. g) Claims in the nature of ex-gratia payments shall not be entertained by the Arbitrator as these are not contractual. h) The question whether these conditions are equitable shall not receive any consideration in the preparation of points of defence. i)if the contractor includes such claims in his submission, the fact that they are not contractual will be prominently placed before the Arbitrator The award of the sole Arbitrator shall be final and binding on all the parties to the disputes SET OFF Any sum of money due and payable to the tenderer (including Security Deposit refundable to him) under this contract may be appropriated by the GMT, BSNL Alappuzha and set off against any claim of the BSNL for payment of a sum of money arising out of this contract or under any other contract made by the contractor with the BSNL. Signature of the Tenderer 30

31 SECTION VI GENERAL: SPECIAL CONDITIONS OF CONTRACT 6.1 The work shall be accepted only after Testing carried out by sub divisional officer-in-charge of another division designated by BSNL as per prescribed schedule and work/material passing the test successfully. 6.2 BSNL reserves the right to disqualify such bidders who have a record of not meeting contractual obligations against earlier contracts entered into with BSNL. 6.3 BSNL reserves the right to black list a bidder for a suitable period in case he fails to honour his bid without sufficient grounds. 6.4 BSNL reserves the right to counter offer Price(s) against price(s) quoted by any bidder since BSNL needs more than one contractor to engage. 6.5 Any clarification issued by Corporation, in response to query raised by prospective bidders shall form an integral part of bid documents and it may amount to amendment of relevant clauses of the bid documents. 6.6 Tender will be evaluated as a single package of all the items given in the price schedule. 6.7 All work to be executed under the contract shall be executed under the direction and subject to the approval in all respects by the Divisional Engineer or Site Engineer, in-charge of work site who shall be entitled to direct at what point or points and what manner they are to be commenced, and from the time to time carried on. 6.8 The work in each route may be split up between one or two contractors, if considered expedient by the GMT, Alappuzha. 6.9 If the contractor shall desire an extension of time for completion of the work on the grounds of unavoidable hindrance in execution of work or on any other ground he shall apply in writing to the Divisional Engineer within 3 days of the date of hindrance on account of which he desires such extension as aforesaid. In this regard the decision of GMT, Alappuzha shall be final If at any time after the commencement of the work, BSNL may feel that execution of whole or part of work, as specified in the tender is not required to be carried out, then BSNL shall give notice in writing of the fact to the contractor who shall have no claim to any payment of compensation whatsoever on account of any profit or advantage which he might have derived in consequence of the full amount of the work not having been carried out neither shall he have any claim for compensation by reason of any alterations having been made in the original specifications, drawings, designs and instructions which shall involve any curtailment of the work as originally contemplated Whenever any claims against the contractor for the payment of a sum of money arises out of or under the contract, BSNL shall be entitled to recover such sum by appropriating in part of whole the security deposit of the contractor, and to Sell any BSNL promissory notes etc., forming the whole or part of such security or running / Final bill pending against any contract with BSNL. In the event of the security being insufficient or if no security has been taken from the contractor, then the balance or the total sum recoverable as the case may be, shall be deducted from any sum then due or which at any time there after may become due to the Signature of the Tenderer 31

32 contractor under this or any other contract with BSNL. Should this sum be not sufficient to cover the full amount recoverable the contractor shall pay to Corporation on demand the balance remaining due No official of Gazetted rank or other Gazetted officer employed in Engineering or administrative duties in an Engineering Department or any other Department of the BSNL is allowed to work as a contractor for a period of two years after his retirement from BSNL service without the previous permission of BSNL. This contract is liable to be cancelled if either the contractor or any of his employees is found at any time to be such a person who hadn t obtained the permission of BSNL as aforesaid before submission of the engagement in the contractor s service as the case may be In the event of the contractor being, adjudged insolvent or going voluntarily into liquidation of having received order or other order under insolvency act made against him or in the case of company, of the passing of any resolution, or making of any order for winding up whether voluntarily or otherwise, or in the event of the contractor failing to comply with any of the conditions herein specified, The GMT, Alappuzha, shall have the power to terminate the contract without any notice Without prejudice to any of the rights or remedies under this contract, if the contractor dies, the GMT, Alappuzha on behalf of the CMD, BSNL can terminate the contract without compensation to the contractor. However the GMT, Alappuzha at his discretion may permit contractor s heirs to perform the duties or engagements of the contractor under the contract, in case of his death. In this regard the decision of the GMT, Alappuzha shall be the final In the event of the contractor, winding up his company on account of transfer or merger of his company with any other, the contractor shall make it one of the terms and stipulations of the contract for the transfer of his properties and business, that such other person or company, shall continue to perform the duties or engagement of the contractor under this contract and be subject to his liabilities there under The contractor shall give in writing to the proper person or authority with a copy to the Divisional Engineer such notification as may be mandatory or necessary in connection with the commencement, suspension, resumption, performance and/or completion of the contracted work. All notice shall be given sufficiently in advance of the proposed operation to permit proper co-relation of activities and the contractor shall keep all proper persons or authorities involved and advised of the progress of operations through out the performance of the work and/or with such other information and/or supporting figure and data as may from time to time as directed or required The contractor shall not be entitled to any compensation whatsoever by reason of suspension of the whole or any part of the work made necessary by the BSNL or deemed advisable on account of bad weather conditions or other force majeure conditions The contractor shall observe all the rules regarding the wages of the labourers and shall observe and abide to the Rules and Regulations of Labour Act and other Government enactments as enforced from time to time and indemnify the BSNL Alappuzha SSA from any liability arising out of the violation/ non-compliance of the provisions made in the contract labour ( Regulation and Abolition) Act, 1970 and Central Rules, 1971 or any other relevant enactments as enforced from time to time The tenderer should produce Labour License Certificate from the Labour Department within 30 days from the date of issue of provisional awarding letter. Any liability within that period shall also be the responsibility of the contractors only. The certificate has to be renewed then and there to cover the tender and extension period, if any. Signature of the Tenderer 32

33 6.20. SAFETY MEASURES The contractor should have arranged insurance coverage for all the employees deployed for any kind of such works. Any unexpected eventuality happened during the execution of the work in the contract period shall be covered under the responsibility of the contractor. BSNL is fully exempted from the responsibility of such unexpected acts BSNL will be absolved off any legal or commercial implication related to any casualities occurring for the man power deployed by the contractor. The contractor should take necessary precautions related to the safety measures related to the work and also arrange insurance coverage where ever applicable The BSNL will not be responsible either to the Contractor or to its workers deployed at these work points for any medical assistance/injuries/death or any kind of loss occurred to employees deployed by the contractor Risk Clause: BSNL Alappuzha reserves the right to discontinue the service at any time, if the services are found unsatisfactory by giving a show cause to be replied within a week and also has the right to award the contract to any other agency at the risk and cost of current agency and excess expenditure incurred on account of this can be recovered from Security deposit or pending bills or by rising a separate claim The contractor shall be fully responsible for the damages caused by the workers during execution of work, to the properties belonging not only to BSNL but also to other Departments, Organizations, Other Private Operators/ Organizations and individuals and the cost of such damages will be recovered from the amount payable to the contractor The tenderer shall be fully responsible for the compliance of all the provisions applicable under Labour Laws including 1.Payment of Wages Act The Contract Labour (R&A) Act The Employees Provident Fund and Miscellaneous Provisions Act Employees State Insurance Act Workmen Compensation Act The Payment of Bonus Act Minimum Wages Act All other Acts and Statutes applicable from Signature of the Tenderer 33

34 SECTION VII SCOPE OF WORK AND JURIDICTION OF CONTRACT 1. SPECIFICATION 1.1 TECHNICAL SPECIFICATION OF MATERIAL Technical specifications: BSNL approved Technical Specifications are mentioned below: I Cable Construction details 1. Colour of Fibre 4F: Blue, Orange, Green & Brown 2. Outer sheath Thickness 2.0mm(nominal) HDPE black 3. Cable length 2.0 Kms + 10% II General 1. No fibre in the cable shall have any joint 1.2 SPECIFICATION OF WORK Drawing Aerial OF cable through post as per the requirement of the field units 7.1. The work involves digging out old posts and stays, unfitting brackets, dismantling wires& cables etc and transporting these items to the new locations. The work also involves digging holes for erection of posts at new sites, fitting tubular posts, erecting posts, digging holes for stays, erecting, fixing and twisting stays, fitting 4w/Support brackets, erection of aerial cable, terminating aerial Optical fiber cable with optical splicing machine at customer end / Splitter location, tapping from existing Overhead OF joint and concreting the post base, digging pits to a depth of 160cm. at the main joint for tapping fibre from the main joint etc. without damaging to the existing system. Aerial optical cable to be erected with the support of FRP wire. Aerial optical cable to be clamped with insulated supporting FRP wire. The materials except AB Post/ GI pipe to be provided by the contractor The depth of the pits for erecting tubular posts should be such that, the vent hole of the socket, after erection of the posts should be above ground level. The sides of the pit should be tightly packed so that the post is straight. For fitting tubular posts, insert the top end of the B tube in to the band at the bottom end of the A tube and ram the B tube against a strong support, so that the tubes fit well. Socket B should then be fitted to the B tube in the similar manner. BC posts should also be fitted in the similar fashion. Items will be supplied by BSNL The stays for the posts must be erected without disturbance to traffic for the stability of the alignment counterbalancing the wind pressure and load of aerial cable. The pits for erecting stays should be dug to such a depth that 30cm length of the stay rod should be above the ground level after erection. The stays are to be erected using the standard components only. The SSNP should be cleaned and lubricated well before erection. A minimum of three strands of 5.60mm dia. GI wire should be used for twisting the stays. The collaring should be with 3.55 mm GI wire. These items will be supplied by BSNL The brackets are to be fitted to the posts using correct sizes of U clamps and saddles and the accessories are to be properly fitted and tightened. The bolts are to be tightened so that the brackets are straight and do not shake while erecting the cables. The minimum separation between brackets should be 9. Items will be supplied by BSNL. BSNL advertising boards to be fixed on the AB posts as instructed by BSNL. The advertising boards will be supplied by BSNL The contractor will have to supply the necessary components required for concreting the post base. At places where normal depth can not be achieved for erection of posts, proper RCC concreting in the dimension 0.5x0.5x0.5 cubic meter should be made around the post. 7.5(a) The contractor will have to dig pits upto the depth of 160cm. at the main joint for tapping fibre from the main joint with the co-ordination of OF team. 7.5(b) Tapping of Main cable fibres to the Branched cable Signature of the Tenderer 34

35 The Aerial OF cable laid to the Customer premises is to be connected to the fibres in the Main cable for extending services from the Tele. Exchange(FTTH/ILL/PRI). For this the branched cable is to be brought to the U/G Main cable joint. The work includes (1) Locating and opening of the Concrete Ring by trenching, carefully taking out the branch joint kit, opening the kit, identifying the spare fibres, testing with OTDR and Visual Fault Locator(VFL) for confirmation, and splicing the required number of fibres from the Main cable to the branched cable, without disturbing the working fibres., as per the instructions by the concerned SDE/JTO under supervision of SDE Transmission as required. (2) the BJC has to be closed carefully by placing the Ring safely. It is to be covered with soft soil and the RCC Slab to be placed back carefully. (3) the Ring & Slab to be protected by putting back the soil and the terrain to be brought back to the original condition The optical aerial cable of standard quality must be erected and clamped to the brackets/accessories. The quality and standard of material supplied by the contractor should be got approved by the competent authority Divisional Engineer designated by BSNL, Alappuzha. The aerial cable must be terminated properly in each post erected in the tunings of the road. 7.7 The aerial optical cable must be spliced at customer end /splitter as per the requirement using optical splicing machine. Tapping from the existing overhead joint / overhead straight joint has to be carried out by contractor wherever required. The splicing machine and kit is to be arranged by the contractor. 7.8 After the completion of work contractor has to ensure the quality and performance of the cable and work. The attenuation of every fibre of the newly laid cable by the contractor should be less than 0.2dB per KM. Also the splice joint at each location should be less than 0.5 db. The cable will be tested by BSNL to check the attenuation of fibre within the permissble limit of 0.5dB per km The rates for dismantling items is inclusive of the charges for handling and transportation back to the SSA store at Alappuzha/Harippad/Cherthala to the office of Divisional Engineer Transmission Installation. The contractors shall transport (including loading and unloading) all stores issued to him or supplied by him to the site of work. The contractor shall provide at his own cost all tools, plants, appliances, implements etc. required for proper execution of work The contractor should take possession of all the stores from the concerned officer in charge of the work and he should keep an updated account of all the stores received/utilized for the work and the balance with him. Contractor shall be responsible to return all the unused/recovered stores to the store dump of BSNL, before submission of the bill for the respective work, failing which, the cost of such items that are not returned shall be deducted from the bill/security deposit at the discretion of the General Manager Telecom, BSNL, Alappuzha The responsibility of getting the stores to the work place and returning unused/recovered stores back to store lies with the contractor. Any loss or damage to BSNL as a result of non-observance of Government rules and regulations during the execution of the contract should be compensated by the contractor within the stipulated time. If the contractor is responsible for the delay in execution of the work, he will be charged 5% of total amount of work/ per week The contractor shall not assign or sublet in full or any part of the contract Re-shackling / tightening of sagging lines, including erection of AB posts wherever required. Signature of the Tenderer 35

36 7.14 Recovery of OF cable, AB posts and accessories from disconnected subscribers or fault locations All testing instruments, tools and machines required for completing the work, including splicing work, should be arranged by the contractor. The company is not liable to provide any tools or machinery for executing the work Transportation of cable and other store materials to and fro from site to store The contractor must take with him enough quantity of required consumable materials for executing the work Providing necessary lighting arrangement wherever necessary in the work spot The splicing work,if any related to the main line of the cable, shall be done in presence of BSNL staff only 7.20 Jungles cutting is to be done as per requirement. If any tree etc. fall on private premises permission & compensation, if required the contractor has to solve at his own endeavor & cost The contractor is responsible to take back the balance materials and scrap materials from site to the store after completion of the work. Signature of the Tenderer 36

37 SECTION VIII The successful Tenderer shall have to execute the following agreement: AGREEMENT NIT No PLG III/517/NIT/AERIAL OFC/ALP_ZONEIII&IV/ /1 Dated 19/06/2018 * This agreement made on this day of... (month) year betweenm/s.. herein after called The Contractor (which expression shall unless excluded by or repugnant to the context, include his successors, heirs, executors, administrative representative and assignee) of the one part & the BSNL of other part. Where as the contractor has offered to enter into contract with the said BSNL for the erection of Aerial OF cable including supply, erection and testing for providing FTTH &EB connections(ill,pri etc ) in two zones of Alappuzha BA, Zone No.on the terms and conditions herein contained and the rates approved by the BSNL (copy of rates annexed) have been duly accepted and where as the necessary security deposits have been furnished in accordance with the provisions of the tender document and where as no interest will be claimed on the security deposit. Now these presents witness and it is hereby agreed and declared by and between the parties to these presents as follows. 1. The contractor shall, during the period of this contact that is to say from..to. or completion of work for Rs.(in words)... whichever is earlier or until this contact shall be determined by such notice as is hereinafter mentioned, safely carryout, by means of labours employed at his own expenses and by means of tools, implements and equipments etc. to be supplied by him to his labour at his own expenses, all works as described in tender documents (annexed to the agreement), when the BSNL or any other persons authorized by the GMT, Alappuzha in that behalf require. It is understood by the contractor that the quantity of work mentioned on the schedule is likely to change as per actual requirements as demanded by exigent of service. 2. The NIT (Notice inviting tender), Bid document, letter of intent, approved rates, annexed hereto and such other additional particulars, instructions, work order as may be found requisite to be given during execution of the work shall be deemed and taken to be an integral part of the contract and shall also be deemed to be included in the expression The agreement or the Contract wherever herein used. 3. The contractor shall also supply the requisite number of workmen with means & materials as well as tools, appliances, machines, implements, vehicles for transportation, cartage etc. required for the proper execution of work within the time prescribed in the work order. 4. The contractor hereby declares that nobody connected with or in the employment of the BSNL is not/ shall not ever be admitted as partner in the contract. Signature of the Tenderer 37

38 5. The contractor shall abide by the terms and conditions, rules, guidelines, construction practices, safety precautions etc. stipulated in the tender document including any correspondence between the contractor and the BSNL having bearing on execution of work and payments of work to be done under the contract. 6. The cost of damages caused to public, private, BSNL Utilities or properties and life shall be borne by the contractor. In witness whereof the parties presents have here into set their respective hands and seals the day and year in.. Above written : Signed sealed & delivered by the above named Contractor in the presence of Witness: Signed sealed & delivered on behalf of the CMD, BSNL Witness : by the Signature of the Tenderer 38

39 SECTION IX Certificate of No Near Relatives in BSNL I..S/o Residing at.. hereby certify that none of relative(s) as defined below is / are employed in BSNL. In case at any stage, it is found that the information given by me is false/incorrect, BSNL shall have absolute right to take any action as deemed fit without any prior intimation to me. Dated this.day of.. Signature.. letters Name of the signatory in Block 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 in law) daughter s husband (son-inlaw),brothers, brother s wife, sisters & sisters husband(brother-in-law) Signature of the Tenderer 39

40 SECTION X To Letter of Authorization for attending Bid Opening (To reach Assistant General Manager (NWP-CFA) before date of bid opening) Assistant General Manager (NWP-CFA) O/o GMT, BSNL Alappuzha -22 Subject: Authorization for attending bid opening on (date) in the Tender of Following persons are hereby authorized to attend the bid opening for the tender mentioned above on behalf of (Bidder) in order of preference given below. Order of Preference Name Specimen Signatures I. II. Alternate Representative Signatures of bidder Or Officer authorized to sign the bid Documents on behalf of the bidder. Note: 1. Maximum of two representatives will be permitted to attend bid opening. In cases where it is restricted to one, first preference will be allowed. Alternate representative will be permitted when regular representatives are not able to attend. 2. Permission for entry to the hall where bids are opened may be refused in case authorization as prescribed above is not recovered. Signature of the Tenderer 40

41 SECTION XI FORMAT FOR THE PERFORMANCE BANK GUARANTEE (To be executed on Rs.200/- non- judicial stamp paper) Re: Bank Guarantee in respect of the tender for the erection of aerial OF cable including supply, erection and testing for providing FTTH connections&eb connections(ill,pri etc) in two zones of Alappuzha BA, ZONE NO. vide NIT No.. dated..between Bharat Sanchar Nigam Limited and M/s... having its Registered Office at.(hereinafter called CONTRACTOR) has entered into an agreement dated.(hereinafter referred to as the said agreement ) with M/s. Bharat Sanchar Nigam Limited (BSNL in short) (A Government of India Enterprise) with Corporate office at Harish Chandra Mathur Lane Janpath, New Delhi and having Telecom Circle Office at..through CGMT. Whereby BSNL has agreed to appoint CONTRACTORS for providing BSNL services on the terms and conditions exclusively mentioned therein for the circle. It has been agreed between the parties that a Bank Guarantee equivalent to balance amount of Security deposit (ie. additional amount to be paid by the contractor, at the time of executing the Contract Agreement, which along with the EMD submitted with the tender, will make the security deposit equal to 7% (Seven percent) of the estimated cost or accepted tender cost whichever is higher.) shall be given by the CONTRACTOR in favour of the BSNL for due and faithful performance of the terms and conditions of the said agreement....bank having its office at has at the request of the CONTRACTOR (M/s..), agreed to give the guarantee as hereinafter contained: 1. We, (hereinafter called the Bank ) do hereby undertake and assure to the BSNL that if in the opinion of the BSNL, the CONTRACTOR has in any way failed to observe or perform the terms and condition of the said agreement or has committed by breach of its obligations there-under, the Bank shall on demand and without any objection or demur pay to the BSNL the said sum of Rs. /- (Rupees..) or such lesser amount as BSNL may demand without requiring BSNL to have recourse to any legal remedy that may be available to it compel the Bank to pay the same. 2. Any such demand from the BSNL shall be conclusive as regards the liability of CONTRACTOR to pay to BSNL or as regards the amount payable by the Bank under his guarantee. The Bank shall not be entitled to withhold payment on the ground that the CONTRACTOR had disputed its liability to pay or has disputed the quantum of the amount or that any arbitration proceeding or legal proceeding is pending between CONTRACTOR and BSNL regarding the claim. 3. We, the Bank further agree that the guarantee shall come into force from the date hereof and shall remain in full force and effect for the period of eighteen months from the date of commencement of the agreement or the term of his guarantee whichever is later. Signature of the Tenderer 41

42 But if the period of the said agreement is extended either pursuant to the provisions in the said Agreement or by mutual agreement between the CONTRACTOR and the BSNL, the Bank shall automatically renew the period of the Guarantee for such period which express six months after the renewed period of the said agreement failing which it shall pay to the BSNL the said sum of Rs.../- (Rupees..only) without BSNL demanding the payment of the above sum. 4. The Bank further agrees that the BSNL shall have the fullest liberty without the consent of the Bank and without affecting in any way the obligations hereunder to vary any of the terms and conditions of the said agreement or to extend the time for performance of the said agreement from any of the powers exercisable by BSNL against the CONTRACTOR and to forebear to enforce any of the terms and conditions relating to the said agreement and the Bank shall not be relieved from its liability by reason of such failure or extension being granted to CONTRACTOR or through any forbearance, act or omission on the part of BSNL or any indulgence by BSNL to CONTRACTOR or any other matter or thing whatsoever which under the law relating to sureties would but for this provision have the effect of relieving or discharging the guarantor. 5. The Bank further agrees that in case this Guarantee is required for a larger period and it is not extended by the Bank beyond the period specified above in Clause 3, the Bank shall pay to BSNL without BSNL having to demand the payment of the said sum of Rs.. (Rupees..) on the last day on which the Bank Guarantee is due to expire. 6. Notwithstanding anything herein contained; a) The liability of the Bank under this guarantee is restricted to Rs. /- (Rs. ) and it will remain in force for a period of 18 months ie. Up to b) The guarantee shall stand completely discharged and all rights of the BSNL under this Guarantee shall be extinguished if no claim or demand is made on us in writing on or before. 7. The Bank guarantee under its constitutional power to give this guarantee and and who have signed it on behalf of the Bank have authority to do so. (Authorized signature of the Bank Official) Power of Attorney General: Dated: at Signature of the Tenderer 42

43 SECTION XII AUTHORISATION FOR PAYMENT OF SUPPLIER S/CONTRACTOR S BILLS THROUGH E-PAYMENT PROFORMA 1. Name of The Bidder 2. Address 3. Telephone Number 4. ID 5. Name of the Bank 6. Branch Name 7. Type of Account SB A/C CURRENT A/C 8. Name of the Account Holder (As per Bank Account) 9. Account Number appearing in the Cheque Book 10. IFSC Code of Branch 11. Branch Address 12. Telephone Number of the Branch I hereby express my willingness to receive payment of the bills through Electronic Fund Transfer Scheme. I do authorise the Accounts Officer (Cash) BSNL to arrange to credit the payment of my bills through Electronic Payment System to my account given above. Note: Copy of 1 st page of bank passbook or cancelled cheque leaf is enclosed. Signature of the Tenderer 43

44 SECTION XIII CERTIFICATE (FOR TENDER DOCUMENT DOWNLOADED FROM INTERNET) I / We,.hereby declare that the tender document submitted has been downloaded from the website / and no addition/ deletion/ correction has been made in the downloaded tender document. I also declare that I have enclosed a DD for Rs.590/- towards the cost of bid document along with the tender. Signature of the tenderer Name Place Date Signature of the Tenderer 44

45 From To Sir, The General Manager Telecom, BSNL, Alappuzha. SECTION XIV Letter to refund EMD Sub : Erection of Aerial Optical Fibre Cable for provision of FTTH & EB connections(ill,pri etc) in two zones of Alappuzha BA, Zone ---- Ref : My/Our Tender for the Tender No. PLG III/517/NIT/AERIAL OFC/ALP_ZONEIII&IV/ /1 Dated 19/06/2018 I / We have submitted tender for Erection of Aerial Optical Fibre Cable for provision of FTTH & EB connections(ill,pri etc) in two zones of Alappuzha BA as per notification cited above. In case my / our tender is not accepted by the Company, the EMD remitted by me/us may kindly be returned as soon as possible. An advance stamped receipt for the above is enclosed herewith. Thanking you, Yours faithfully, Signature of Tenderer. PRE RECEIPT ( For refund of Earnest Money) Received Rs... ( Rupees......from AO (Cash), O/o.GMT, BSNL, Alappuzha being the refund of Earnest Money Deposit made against Tender No: PLG III/517/NIT/AERIAL OFC/ALP_ZONEIII&IV/ /1 Dated 19/06/2018 vide receipt no.... dated...for Zone Name : Address : Phone No. SIGNATURE OF TENDERER ( Please affix Revenue Stamp) Place : Date : Note : 1. EMD will be refunded only after the finalisation of the tender. 2. This should be filled in completely at the time of submission of tender documents. 3. Receipt in original to be enclosed. Seal & Signature of the bidder Signature of the Tenderer 45

46 SECTION-XV A. DOCUMENTS TO BE SCANNED AND UPLOADED IN THE E-TENDER PORTAL ( FOR QUALIFYING BID ) FOR EACH ZONE SEPERATELY FOR TECHNICAL BID Scanned Copy of Bank draft for EMD and Cost of tender form as specified in Section 1. Bid form dully filled in as per section II Tenderer s profile duly filled in, as per section III of the tender document Letter of authorization for attending bid opening 5 Self attested copy of Latest income tax return 6 Self attested copy of the registration of the firm. Authenticated copy of partnership deed in cases of partnership firm/ Certificate of Incorporation, Article & memorandum of association in case of Private/Public Limited Companies Declaration of EPF,ESI & Misc provisions act 7 Certificate for downloaded tender document from internet 8 No relation certificate 9 10 In case of NSIC /MSMEproof regarding current registration and undertaking. 11 Declaration by clause by clause compliance 12 Self attested copy of GST Registration 13 Self attested copy of valid PAN Number 14 Self attested copy of Labour license from the Central Labour Commissioner if the number of workers is 20 or more 15 Self attested copy of valid EPF registration 16 Self attested copy of valid ESI registration 17 Experience certificate 18 Tender documents in original duly filled in and signed and sealed on all pages by tenderer.. All corrections and overwriting must be initiated with date by the tenderer.. Signature of the Tenderer 46

47 (B). DOCUMENTS TO BE SUBMITTED OFFLINE (FOR QUALIFYING BID) FOR EACH ZONE SEPERATELY TO AGM (NWP-CFA), O/O GMT, BSNL, ALAPPUZHA 1 2 Bank draft for EMD and Cost of tender form as specified in Section 1. Bid form dully filled in as per section II 3 Tenderer s profile duly filled in and signed, as per section III of the tender document Letter of authorization for attending bid opening 4 5 Self attested copy of Latest income tax return 6 7 Self attested copy of the registration of the firm. Authenticated copy of partnership deed in cases of partnership firm/ Certificate of Incorporation, Article & memorandum of association in case of Private/Public Limited Companies. Declaration of EPF, ESI & Misc provisions act Certificate for Tender document downloaded from internet No relation certificate In case of NSIC /MSME proof regarding current registration and undertaking. 11 Declaration by clause by clause compliance 12 Self attested copy of GST Registration 13 Self attested copy of valid PAN Number 14 Self attested copy of Labour license from the Central Labour Commissioner if the number of workers is 20 or more 15 Self attested copy of valid EPF registration 16 Self attested copy of valid ESI registration 17 Experience certificate Original power of attorney in case person other than the tenderer has signed the tender 18 documents List of qualified experienced personnel, who are working for the tenderer, who will be 19 deployed for the work. 20 Vender master form duly filled and signed 21 Mandate form for transfer of payments through electronic clearance/ electronic fund transfer scheme 22 Request for refund of EMD with pre- receipt 23 Tender documents in original duly filled in and signed and sealed on all pages by tenderer.. All corrections and overwriting must be initiated with date by the tenderer.. Signature of the Tenderer 47

48 S.No Description SECTION XVI CHECK LIST Remarks (Yes (Y), No (N), Not Applicable (NA)( Tick whichever is applicable) 1 DD/ Banker s Cheque/cash receipt towards cost of Tender Form 2 DD/ Banker s Cheque/cash receipt towards cost of EMD/Bid Security 3 Bid form/ Tenderer s Profile duly filled and signed. 4 Authorisation for attending bid opening. 5 Self attested copy of latest income Tax return 6 Self attested copy of registration of the firm 7 Authenticated copy of partnership deed in case of partnership firm 8 Self attested copy ofarticles of Association, Memorandrum of Association, Partnership Deed or Proprietorship Deed as the case may be wherever applicable. 9 Declaration of EPF,ESI & Misc provisions Act 10 Certificate for tender document downloaded from internet 11 No near relative certificate duly filled and signed 12 In case of NSIC proof regarding current registration and undertaking 13 Declaration by clause by clause 14 Self attested copy of GST Registration 15 Self attested copy of valid PAN Number 16 Licence from Central Labour Commissioner if the number of workers under him is 20 or more 17 Self attested copy of valid EPF registration 18 Self attested copy of valid ESI registration Y N NA 19 Experience certificate 20 Original power of attorney in case person other than the tenderer has signed the tender documents 21 List of qualified experienced personnel, who are working for the tenderer, who will be deployed for the work. 22 Vender master form duly filled and signed 23 Mandate form for transfer of payments through electronic clearance/ electronic fund transfer scheme duly filled and signed 24 Request for refund of EMD with pre- receipt 25 Financial Bid duly filled and signed Note: Original copies of the documents should be submitted for verification as and when demanded by BSNL. Signature of the Tenderer 48

49 SECTION XVII Title* :Mr/Mrs/M/s/Dr. Name* : Address* : Town/District* : City* : State* : Country* : Postal/Pincode* : Contact details : Telephone number : Fax no. : Id : (Mandatory for E tendering) Name of contact person: Mobile no. : Alternate contact person: Mobile no. : Tax Information : PAN : GSTIN : Tax Registration no. : (For Foreign vendors) Income Tax Exemption Details: IT exemption no. : IT exemption rate: Signature of the Tenderer 49

50 IT exemption date : IT exemption date from : IT exemption date to: Payment Transaction/Bank Details: Bank Country : Bank Name : Bank Address : Bank Account No. : Bank IFSC : Account Holder s Name : Type of account : Savings/Current SWIFT Code for foreign vendors: IBAN for foreign vendors : Industry Status : Micro/SSI status : Yes/No Signature of the Tenderer 50

51 SECTION-XVIII DECLARATION OF EPF & ESI AND MISC. PROVISION I,...(name of authorised signatory) hereby declare compliance towards conditions of the EPF and Misc. provisions Act 1952 and authorize BSNL to recover any payment that arises due to failure to comply with any of the Labour legislations and statutory conditions viz.,labour, EPF,ESI etc., or any other acts dealing with the same and all other acts mentioned in the tender document. Place: Date : Signature of the Tenderer/Authorized signatory Name of the Tenderer : Seal of the Tenderer Signature of the Tenderer 51

52 SECTION XIX DECLARATION ON CLAUSE BY CLAUSE COMPLIANCE I,..(authorized signatory) Hereby declare that I shall comply with all the terms and conditions of the tender documents as outlined in all the clauses unconditionally. Place: Date: Signature of the Tenderer: Name of the Tenderer: Signature of the Tenderer 52

53 BHARAT SANCHAR NIGAM LIMITED (A Govt. of India Enterprise) Bid Document (Financial) Tender for Erection of Aerial Optical Fibre Cable for Provision of FTTH & EB connections (ILL, PRI etc) in two zones of Alappuzha BA, Zone.. Tender No: PLG III/517/NIT/AERIAL OFC/ALP_ZONEIII&IV/ /1 Dated 19/06/2018 Office of The General Manager Alappuzha Telecom District Signature of the Tenderer 53