BHARAT SANCHAR NIGAM LIMITED (A Govt. of India Enterprise)

Transcription

1 NIT No.PGMM STR ENK/RPC/Infrastructure Mtce. Services/ / 23 dtd BHARAT SANCHAR NIGAM LIMITED (A Govt. of India Enterprise) E-Tender for providing Infrastructure Maintenance Services of temporary nature under DE TM Ernakulam, DE SAT Muvattupuzha and DE TM Aluva of STR Ernakulam for a period of one year Name of the Bidder : Address of the Bidder : Contact Phone Nos. 1. Land line : 2. Mobile : ID : Particulars of Payment: Certified that Tender document contained.pages only. Signature of Bidder : Total No of Pages: 36

2 TABLE OF CONTENTS Section Description Page No. I Notice Inviting Tender 3-4 II Guidelines and Instructions to the Tenderer 5-15 III General Terms and Conditions IV Description of Work 20 V Information about the Tenderer 21 VI E-tendering instructions VII Financial Bid/ Quotation VIII Performa for Service Agreement IX Certificate regarding Non-Participation of Relative of BSNL 33 X Vendor Details-Form for online payment 34 XI Check List to be filled by the tenderer Page 2 of 36

3 भ रत स च र नगम ल मट ड (भ रत सरक र क उ म) BHARAT SANCHAR NIGAM LTD. (A Govt. of India Enterprise) द ण द रस च र,एरण क लम SOUTHERN TELECOM REGION, ERNAKULAM ध न मह ब धक अन र णक क य लय O/o Principal General Manager Maintenance मई व व शन ब ग Microwave Station Building द श भम न र ड, कल र एरण क लम Deshabhimani Road Kaloor, Ernakulam Ph: , Fax: SECTION-I NOTICE INVITING TENDER NIT No. PGMM STR ENK/RPC/Infrastructure Mtce. Services/ /23 dtd E-Tenders in the prescribed form from Registered Service Agencies are invited by the Divisional Engineer (ENGG), O/o Principal General Manager Mtce, STR, Deshabhimani Road, Kaloor, Kochi-17 for providing services for Infrastructure Maintenance under DE TM Ernakulam, DE SAT Muvattupuzha and DE TM Aluva for a period of one year. Tender Documents available for download Last Date & Time for receipt of Online submission of Bid Last Date & Time for Physical submission of Bid Date and Time of opening of Tender Venue for physical submission of tender/ Venue for opening Tender : From to :00 Hrs of : 14:00 Hrs. of : 14:30 Hrs. of : O/o Principal General Manager, STR BSNL Microwave Station Buiding Deshabhimani road, Kaloor Tender forms can be downloaded from the website Payment towards tender cost is a nonrefundable amount of Rs.590/-(Rupees Five hundred and Ninety inclusive of 18% GST) in person for each tender by way of crossed Demand Draft taken on or after the date of issue of this tender notification, drawn on any Nationalized Bank and payable at Ernakulam and in favour of Accounts Officer(C&C), O/o PGMM, STR, BSNL, Ernakulam. Bidders shall watch this site (Select STR circle) for clarification/corrigendum if any that may be posted and will ensure the same to be included before the submission of tender document. Page 3 of 36

4 Sl.No Details of Unit-wise services along with estimated cost and EMD is as given below: No.of Name & address of the Service details for each services Division Service Unit required Divisional Engineer, Transmission maintenance, Ernakulam.Ph: Divisional Engineer, Transmission maintenance, Aluva.Ph: Divisional Engineer, Transmission maintenance (SAT), Muvattupuzha Ph: Infrastructure Maintenance services at MW Building, Kaloor, Ernakulam Infrastructure Maintenance services at DTS Building Aluva Infrastructure Maintenance services at SES, Muvattupuzha Estimated cost in Rs. EMD Amount in Rs. 3 7,24,794 18, ,24,794 18, ,01,608 15,100 Payment towards EMD can be paid by way of crossed Demand Draft taken on or after the date of issue of this tender notification, drawn on any Nationalized Bank and payable at Ernakulam and drawn in favour of Accounts Officer(C&C), O/o PGMM, STR, BSNL, Ernakulam. Both the Demand Drafts towards the payment of tender cost and EMD should be uploaded in portal along with the tender. The intending bidder shall get registered with M/s ITI Ltd. by making online payment of required amount with registration particulars. For details kindly visit the website or contact DE (Engg), O/o PGMM STR BSNL, MW station, Kaloor, Ernakulam. Sd/- Page 4 of 36

5 SECTION II This section describes the important instructions and guidelines in understanding and filling up this tender. This section forms part of the Terms & Conditions for this tender 1. INTRODUCTION : A) The Southern Telecom Region(STR) is a unit of Bharat Sanchar Nigam Limited (BSNL), a Govt. of India Enterprise providing long distance telecom connectivity. The above tender for providing services for Infrastructure Maintenance under DE TM Ernakulam, DE SAT Muvattupuzha and DE TM Aluva for a period of one year. The complete scope and extent of the WORK is detailed in the description of the work. B) The Service Units along with location of sale and submission of tender document as below. Name & address of the Division/ Unit Divisional Engineer, Transmission maintenance, Ernakulam Divisional Engineer, Transmission maintenance, Aluva Divisional Engineer, Transmission maintenance (SAT), Muvattupuzha 2. ELIGIBILITY CRITERIA : Name of service in Service Unit Infrastructure maintenance at MW Building, Kaloor Ernakulam Infrastructure Maintenance of DTS Building, Aluva Infrastructure Maintenance at SES Muvattupuzha Location of sale of tender O/o Principal General Manager Mtce, STR Ernakulam Location for Submission of tender O/o Principal General Manager Mtce, STR Ernakulam A) This section describes who can participate in this tender. i) Any Registered solely owned or partnership firms /Agencies. ii) The Agency must have valid income tax and GST registration. iii) The Agency must have valid EPF and ESIC registration. iv) BSNL employees or their near relatives are not eligible to participate in the Tender. v) The Tenderers/Agencies/Firms/Companies blacklisted or declared ineligible in any BSNL units in KERALA jurisdiction are not eligible for participation in this tender. 3. SALE OF TENDER DOCUMENT: a. Tender forms can be downloaded from the website during the period specified for sale of tender document in NIT. Demand Drafts towards the payment of tender cost should be uploaded in portal along with the tender. b. The sale price of the tender document is Rs. 590/-(Rupees Five hundred and Ninety inclusive of GST). This amount is non refundable. Page 5 of 36

6 c. Payment towards the cost of Tender document should be done only by way of Crossed Demand Draft taken on or after the date of issue of this tender notification. The Demand draft may be drawn from any Nationalized Bank in favour of The Accounts Officer(C&C), O/o PGMM, STR, BSNL, Ernakulam payable at Ernakulam. Cost of the Tender document in cash or in any other form, other than as mentioned above will not be accepted. The original DD towards the cost of tender document should be enclosed with the tender document. d. Demand Drafts towards the payment of tender cost should be uploaded in portal along with the tender. Nonpayment of cost of the tender document would lead to total rejection of the bid. e. All tenderers shall watch the site or for clarification/corrigendum if any, that may be posted and will ensure the same to be included before the submission of tender document. f. Tender Document purchased is not transferable. 4. GENERAL CONDITIONS: a. The Tenderer must carefully read all the terms, conditions and specifications before filling up the Tender document and quotation. The Tenderers are requested to get well acquainted with the Tender conditions and the Guidelines supplied hereunder should be understood as whole. Such of those Tenderers who cannot read English may get the Tender documents translated in the language known to them, at their own risk and understand the conditions. Clarifications, if any, can be had from the officers concerned. b. The prospective tenderers are advised to make a detailed survey of the stations /offices, so that the rates may be quoted taking all factors into consideration. c. Any clarification on the details of the work can be obtained from the Divisional Engineer/Sub Divisional Engineer concerned on all working days, between 1100 hours and 1600 hours up to 3 days prior to the date of opening of the tender. d. The DE in charge, the authorized representative of the BSNL, herein after called the Officer-in- Charge, may authorize a SDE/Junior Telecom Officer wherever necessary to supervise and oversee the services provided on his behalf. 5. EARNEST MONEY DEPOSIT: a. EMD for each financial bid as prescribed in Section-I should be enclosed with the tender document in the form of crossed Demand Draft drawn from any Nationalized Bank in favour of The Accounts Officer (C&C), O/o PGMM, STR, BSNL, Ernakulam, payable at Ernakulam. The date of issue of the Demand Draft should be a date on or after the date of issue of this tender notification. Demand Drafts towards the EMD should be uploaded in portal also along with the tender. b. Each tender should accompany preferably a separate Earnest Money Deposit. However in case of submission of combined DD for EMD for different Tendered Units full details may be furnished. Tender without prescribed EMD Page 6 of 36

7 will be summarily rejected. The EMD will not bear any interest for any period whatsoever. c. The MSME bidders are exempted from payment of bid security: i. A proof regarding valid registration with body specified by Ministry of Micro, Small & Medium Enterprise for the tendered items will have to be attached along with the bid. ii. The enlistment certificate issued by MSME should be valid on the date of opening of tender. iii. MSME unit is required to submit its monthly delivery schedule. iv. If a vender registered with body specified by Ministry of Micro, Small & Medium Enterprise claiming concessional benefits is awarded work by BSNL and subsequently fails to obey any of the contractual obligations, he will be debarred from any further work/ contract by BSNL for one year from the date of issue of such order. d. The EMD of non qualifying Tenderers will be returned only after finalization of tenders. In the case of the successful tenderer, the EMD amount shall be converted as part of the Security Deposit to be paid by them as per Section II(16) of the tender. e. If the Tenderer fails to execute agreement within the period specified to do so, the EMD will be forfeited as mentioned in the relevant Clause, contained in this Tender Document. f. If the bidder withdraws or amends its bid or impairs or derogates from the biding in any respect during the period of bid validity, the EMD will be forfeited. 6. GUIDELINES FOR FILLING UP THE TENDER: a. The Tenderer or authorized representative holding Power of Attorney shall certify and affix his signature and seal on each and every page of the tender document, and return it along with his tender offer, as a token of his acceptance of each condition specified on each page of the tender document. If the tender is not duly signed in any one or more or all pages, or is deficient or is incomplete in any of the requisite matters or particulars or formalities, it will be rejected summarily. A Post Box Number given merely as an address shall not be entertained. b. In case an authorized representative signs the tender document, a duly certified copy of the Power of Attorney on behalf of the sole proprietor or partnership firm, shall accompany the tender. c. The Tenderers will be bound by all terms, conditions and specifications detailed in this tender document. The Tenderer shall not have any right to modify the conditions or specifications contained in the Tender document at any occasions. Any tender submitted with conditions other than those specified in the tender document will be summarily rejected. d. Any attempt for negotiation either direct or indirect on the part of the Tenderer with the authority to whom he has submitted the tender or with Deputy General Manager/Principal General Manager or endeavors to secure interest for actual or prospective tender or to influence by any means are liable to be excluded from Page 7 of 36

8 considerations. The Deputy General Manager /Principal General Manager may take necessary actions to black-list such Tenderer(s). e. No errors, over-writing shall be permissible unless attested under the signature of the Tenderer with date. f. The Tender Schedule in section I shall be read in conjunction with Instructions to Tenderers and Conditions of Contract and the Tenderer shall be deemed to have carefully examined all these documents. The specifications for the entire work are to be read together and not in isolation. 7. THE FINANCIAL BID PRE-FIXED RATES: a. The quotation/bid in section VII submitted by the Tenderer shall contain rates in two portions, monthly wages (Pre-fixed) for semi-skilled worker and an incidental charges portion. In both the cases, the amount provided in the bid or the amount to be quoted by the tenderer shall be for providing work/services called for at the given locations, for the prescribed hours per day for a period of one year irrespective of holidays or festival days or any sort of strike days or bandh days or harthal days in accordance with terms, conditions and specifications contained in the Tender Document. b. The Monthly wages provided in the prefixed part of bid contains the following. i. Minimum wages for semi-skilled labourers with variable dearness allowance (The minimum wages act 1948) as prescribed by Chief Labour Commissioner or State Labour Commissioner whichever is higher. ii. Employer s contribution towards EPF (The Employees Provident Funds and Miscellaneous Provisions Act, 1952 ) along with its administrative charges iii. Employer s contribution towards the ESI wherever applicable (The Employee s State Insurance Act, 1948) c. The rates provided under the pre-fixed portion are fixed as per the prevailing Rules and Regulations of Government of India and shall not be altered or modified by the Tenderer It may vary only when Chief labour commissioner revises the rate which is accepted as the basic wage and DA d. The rates per month for Infrastructure Maintenance at MW Building, Kaloor, Ernakulam in this tender shall have the following pre-fixed rates per service: Minimum wages per month( for 26 days) for semi-skilled labourers for 8 hours per day [including DA] EPF together with its administrative 13.15% of the total amount at sl. No.1 above ESI (if applicable 4.75% of the total amount at serial No.1 above Rs.13,156/- Rs Rs /- Total of Pre-fixed rates per month (1+2+3+above) Rs. 15,511/- Page 8 of 36

9 1 2 3 e. The rates per month for Infrastructure Maintenance at DTS Building, Aluva as in this tender shall have the following pre-fixed rates per service: Minimum wages per month( for 26 days) for semi-skilled labourers for 8 hours per day [including DA] EPF together with its administrative 13.15% of the total amount at sl. No.1 above ESI (if applicable 4.75% of the total amount at serial No.1 above Rs.13, Rs /- Rs / f. The rates per month for Infrastructure Maintenance at SES Muvattupuzha as in this tender shall have the following pre-fixed rates per service: Minimum wages per month( for 26 days) for semi-skilled labourers for 8 hours per day [including DA] EPF together with its administrative 13.15% of the total amount at sl. No.1 above ESI (if applicable 4.75% of the total amount at serial No.1 above Total of Pre-fixed rates per month (1+2+3+above) Rs. 15,511/- Rs.10,920/- Rs /- Rs /- Total of Pre-fixed rates per month (1+2+3+above) Rs. 12,875/- The contribution towards EPF and ESI(wherever applicable) will be paid to the successful Tenderer, subject to the submission of the copy of the payment particulars made to the EPF and ESI authorities, along with the details of the employees engaged by him with subsequent bills. Page 9 of 36

10 8. THE FINANCIAL BID INCIDENTAL CHARGES: a. The rates quoted by the Tenderer under the incidental charges portion for providing the services called for at the given locations shall form the basis for tender evaluation. b. The incidental charges portion shall contain the establishment charges of the Tenderer for providing the services called for, together with the Tenderer s profit. This charge shall also include all the payments towards the statutory taxes and duties payable by the tenderer for providing the service by him as a contractor and all his administrative and incidental charges therein and cost of all these shall be deemed to be included in the bid prices quoted by the Tenderer at the time of submitting his tender. c. The incidental charges will not change and is fixed during the entire contract period. However, the GST as applicable from time to time shall be paid by BSNL to the successful Tenderer. d. The Tenderer will quote the rate only in Rupees which is to be specified in figures and words in English. The rate should be quoted in the form in section-vii. The rates quoted in words will have precedence over the rates quoted in figures. If there is any difference between the rates quoted in figures and words, the rates quoted in words only will be considered for evaluation. If the rates are not quoted in words, the tender is liable to be rejected. A bid submitted with an adjustable price bid will be treated as non-responsive and rejected. Discount or extra charges if any mentioned by the bidders shall not be considered unless these are specifically indicated in the price schedule. 9. TWO STAGE BID SUBMISSION PROCEDURE: a. Tenders invited under two bid system b. Technical Bid i. The Technical envelope should be sealed properly ii. The Technical envelope should be superscribed as Technical Bid for the tender for providing Infrastructure Maintenance of temporary nature under DE TM Ernakulam, DE SAT Muvattupuzha and DE TM Aluva of STR Ernakulam. iii. The Technical envelope shall contain one set of the following documents: The documents listed should be uploaded on Tender wizard portal and Hard copies of the same may be submitted before locking time. 1. One copy of the complete set of tender document duly filled in and signed by the tenderer with office seal on each page and also at every correction /over-writing made by the Tenderer or otherwise as prescribed in the different clauses of the Tender document in respect of any matter or document. 2. Demand Draft towards Earnest Money Deposit as prescribed in this tender document.. 3. Demand Draft towards cost of Tender document if it is downloaded from internet. Page 10 of 36

11 4. In case of the partnership firm, self attested copy of the Partnership deed and NOC in original from the partners must be submitted along with the Tender. Partnership firms shall furnish the full names and addresses of all the partners signed by a duly authorized representative followed by the name and designation of the person signing. 5. In case an authorized representative signs the tender document, a duly certified copy of the Power of Attorney to that effect from the sole proprietor or partnership firm, shall accompany the tender. 6. Self attested copy of Current Valid Registration Certificate for the Agency / Firm / Partnership Firm issued by Central and State Tax authorities. 7. Valid labour license from Regional Labour Commissioner 8. Self attested copy of Registered PAN 9. Self attested copy EPF registration certificate 10. Self attested copy ESI Registration certificate 11. Declaration stating that none of the near relative of the tenderer is working in the BSNL units for which the tender is called for. 12. Valid MSME Certificate, if applicable. In case the ownership of such MSME Entrepreneurs happens to be from SC/ST category, proof in this regard also need to be submitted. 13. Experience Certificate if any. c. Financial Bid: Financial Bid submitted online and need not be submitted in hard copy. 10. DOCUMENTS TO BE SUBMITTED ALONG WITH THE TENDER DOCUMENT: The following documents are to be submitted along with the NIT. a. One copy of the complete set of tender document duly filled in and signed by the tenderer with office seal on each page and also at every correction /over-writing made by the Tenderer or otherwise as prescribed in the different clauses of the Tender document in respect of any matter or document. b. Demand Draft towards Earnest Money Deposit as prescribed in the manner specified in the relevant Clause, contained in this section of the tender document. c. Demand Draft towards cost of Tender document if it is downloaded from internet. d. In case of the partnership firm, self attested copy of the Partnership deed and NOC in original from the partners must be submitted along with the Tender. Partnership firms shall furnish the full names and addresses of all the partners signed by a duly authorized representative followed by the name and designation of the person signing. e. In case an authorized representative signs the tender document, a duly certified copy of the Power of Attorney to that effect from the sole proprietor or partnership firm, shall accompany the tender. f. Self attested copy of Current Valid Registration Certificate for the Agency / Firm / Partnership Firm issued by Central and State Tax authorities. g. Self-attested copy of valid labour license from Regional Labour Commissioner Page 11 of 36

12 h. Self attested copy of Registered PAN i. Self attested copy EPF registration certificate j. Self attested copy ESI Registration certificates k. Declaration stating that none of the near relative of the tenderer is working in the BSNL units for which the tender is called for. l. Valid MSME Certificate, if applicable. In case the ownership of such MSME Entrepreneurs happens to be from SC/ST category, proof in this regard also need to be submitted. m. Experience Certificate if any. 11. SUBMISSION OF TENDERS: a. The prospective tenderer may submit quote for one or more units, affix his/ his representative s signature on the quoted financial bid and submit EMD for the same. b. The tenders shall be deposited in the tender box kept in the office of the Principal General Manager Mtce, Southern Telecom Region, Microwave station building, Deshabhimani Road, Kaloor, Kochi , for that purpose. Divisional Engineer or any other staff working with him shall not receive any tender in person. c. The Envelop should be properly sealed. Tenders received in unsealed envelops will be opened only when the Tenderers makes a request for return of any Demand Draft/Bank's Pay order enclosed as EMD. In such cases, only the Demand Draft/Bank's Pay order will be returned and the BSNL will retain the rest of the document. d. Tender if sent by post, must be in double covering. It is desirable to seal the inner envelope also and super scribe as stipulated in the above Clauses, contained in this Section of the Tender Document. e. The tender box will be sealed immediately after the specified time as per the timings of the office clock for receipt of tender. f. Any tender presented in person by any Tenderer or his representative after the tender box is sealed will not be received either by Divisional Engineer or by any of the staff with him. Any attempt to forcibly deposit the tender after the sealing of the tender box will attract action as per the law. g. Tenders received either by Post or by Courier Service or in person, after the specified time will be summarily rejected. EMD received along with late tenders will be returned on receipt of request from the tenderer. h. If the date of opening of the tender specified in the Tender Document happens to be a holiday due to any reason the tender will be opened on the immediate succeeding working day at the same time as specified in the Tender Document without any more Notices. i. BSNL reserves the right to accept or reject any or all tenders without assigning any reason. j. Divisional Engineer reserves the right to postpone the date of opening of tender or to cancel the tender notice in writing. Any request from Tenderers to postpone or to change the date of opening of the tender due to any reason whatsoever shall not be considered. k. Incase of no response for certain tendered units, the competent authority may offer the same to the contractor in the nearby tendered unit at the approved rates therein. Page 12 of 36

13 12. TENDER EVALUATION AND ACCEPTANCE OF TENDER: a. The tender shall be evaluated and finalized Unit-wise. b. The Financial bid quotes shall be made Unit-wise, for which separate quote sheets are available in financial Bid. c. Non submission of EMD and quotation for any unit shall be construed as the tenderer being non-responsive for that unit, and will not considered for final evaluation d. The rates quoted by the Tenderer under the incidental charges portion for providing the services called for at the given locations shall form the basis for tender evaluation. e. Divisional Engineer is not bound to accept the lowest tender and reserves the right to reject any or all tenders without assigning any reasons whatsoever. f. To assist in the examination, evaluation and comparison of bids the BSNL may, at its discretion ask the bidder for the clarification of its bid. The request for clarification and the response shall be in writing. However at no cost bid clarification at the initiative of the bidder shall be entertained. 13. VALIDITY PERIOD FOR ACCEPTANCE OF TENDER: a. Tender submitted by the Tenderer will remain valid for acceptance for a period of Three months from the date of opening of the Tender. The Tenderers shall not be entitled during this period of three months to revoke or cancel his tender or to vary the tender submitted or in terms thereof in the event of which the EMD will be forfeited. b. In exceptional circumstances, the BSNL may request the consent of the bidder for an extension to the period of bid validity. The request and the response thereto shall be made in writing. The bid security provided under section II(16) shall also be suitably extended. The bidder may refuse the request without forfeiting its bid security. A bidder accepting the request and granting extension will not be permitted to modify its bid. 14) POWER OF ATTORNEY a. The power of Attorney should be submitted and executed on the non-judicial stamp paper of appropriate value as prevailing in the concerned states(s) and the same be attested by a Notary public or registered before Sub-registrar of the state(s) concerned. b. The power of Attorney be executed by a person who has been authorized, on behalf of the Company/ institution/ Body corporate. c. In case of the bidder being a firm, the said Power of Attorney should be executed by all the partner(s) in favour of the said Attorney. d. Attestation of the specimen signatures of such authorized signatory of the bid by the Company s/ firm s bankers shall be furnished. Name, designation, Phone number, mobile number, address and postal address of the authorized signatory shall be provided. 15) COST OF BIDDING a. The bidder shall bear all costs associated with the preparation and submission of the bid. The BSNL will, in no case, be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process. Page 13 of 36

14 16) PERIOD OF TENDER a. Tenders awarded to the Successful Tenderers will remain valid for a period of One Year from the date of award of the Tender. b. BSNL reserves the right to further extend the period of service agreement at the same rate, terms and conditions for a period of SIX MONTHS after the expiry of agreement or till such time of finalising the next tender whichever is earlier on a mutually accepted basis with the successful tenderer. c. The incidental charges remain fixed during the contract period and also during the extended period. 17) SECURITY DEPOSIT a. The successful tenderer, within two weeks time on receipt of award of tender letter should deposit 5% of the Annual contract charge, rounded off to the nearest hundred Rupees as the Security deposit after adjusting the EMD. b. If the successful tenderer fails to submit the security deposit within two weeks of finalization of the tender then his EMD amount will be liable to be forfeited. However, based on the request of tenderer citing specific reasons the tender approving authority may extend the time for submission of security deposit. c. The Security Deposit will not carry any interest while it is in the custody of BSNL. 18) SIGNING OF THE SERVICE AGREEMENT: a. The successful Tenderer after depositing the required security deposit as demanded by the Divisional Engineer, shall be required to execute an agreement on a non-judicial stamp paper of value Rs.200/- (Rs.Two Hundred only) at his own cost and in the form annexed hitherto to the effect that the Tenderer and Divisional Engineer are bound by terms and conditions in the Agreement, which in turn will be the same terms, and conditions as specified in the tender document. b. Any other supporting document as required by the Divisional Engineer, which is necessary to reinforce any of the claims/ documents should be submitted by the Tenderer at this stage. 19) DOCUMENTS TO BE SUBMITTED BEFORE COMMENCEMENT OF WORK: a. General Insurance Policy document for a minimum sum of Rs.1,00,000 as detailed in Section-III(2) b. Any other supporting document as required by the Divisional Engineer, like latest EPF/ESI payment challans etc, which is necessary to reinforce any of the claims/documents submitted by the Tenderer. 20) PENALTIES a. The breach of service is the failure or refusal to perform it. DE in charge shall be the competent authority to decide on non performance and the decision shall be final. When the required services are not provided proportionate deduction will be made with penalty. In case of poor services, penal deductions will be made by the unit officers at the rate of Rs.100/- per day per unit subject to a maximum of 12% of the bill amount. The decision of the DGM/PGMM STR, BSNL Ernakulam will be final in this regard. b. If any consequential damages occur while carrying out the work, the damage incurred so should be borne by the tenderer. Page 14 of 36

15 c. The contractor is fully responsible for any failure towards the non-payment of EPF / ESI / GST & Educational Cess which lead to penalty by the authorities concerned. BSNL shall stand indemnified against any such penalties. d. The above penalties will be made by way of deductions in the monthly bill presented by the contractor. The decision of the Divisional Engineer will be final in all the above matters. 21) LEGAL JURISDICTION It is also a condition of this contract that the court that has territorial jurisdiction upon the place from which the acceptance of Tender is issued shall have absolute jurisdiction. All matters connected with this tender and contract shall be governed by the Indian law both substantive and procedural, for the time being in force and shall be subject to the exclusive jurisdiction of Indian Courts at Ernakulam. ********* (End of Section-II) Page 15 of 36

16 SECTION III GENERAL TERMS AND CONDITIONS 1. DEFINITIONS: a. The Service Agreement / contract means the documents forming the Tender and acceptance thereof and the formal agreement executed between the OFFICER-IN- CHARGE for and on behalf of the BHARAT SANCHAR NIGAM LIMITED and the AWARDEE AGENCY together with the documents referred to therein, including the conditions of contract, the specifications, designs, drawings and instructions issued from time to time by the Officer-in-charge and all those documents taken together shall be deemed to form one Service Agreement and shall be complement to one another. b. In the Service Agreement, the following expressions shall unless where the context otherwise required have the meaning hereby respectively assigned to them. i. The expression WORKS or WORK shall unless there be something either in the subject or context repugnant to such construction, be construed and taken to mean the other works by or by virtue of the Service Agreement to be executed whether temporary or permanent and whether original, altered, substituted or additional. ii. The CONTRACTOR shall mean the individual/agency/company/society, who undertakes the works and shall include the legal personal representative or such individuals composing such agency/company/society or the successors of such individual/ agency/company/society and the permitted assignees or such individual/ agency/ company/ society. c. The BSNL refers BHARAT SANCHAR NIGAM LIMITED, a Public sector Enterprise under the Ministry of Communications, Government of India and all its officers. d. The OFFICER-IN-CHARGE means the Divisional Engineer who shall supervise and shall be in-charge of the work at any time or who shall sign the Agreement on behalf of BSNL. 2. INSURANCE a. The Contractor should produce, at his own expense, the General Insurance Policy made for a minimum of Rs. 1,00,000/-(Rupees one lakh only) separately for each Division/Service unit as detailed under Section-II(1.B), taken in the name of the STR BSNL Ernakulam against any loss or damage to the property of the STR BSNL Ernakulam due to untruthful or fraudulent activities during the execution of the work by him or his representatives or his attendants. b. The Tenderer should make insurance to the life of their attendants and they should be solely responsible for damages/injuries/deaths caused to the attendants and also any third party due to any reason during the execution of their service. The Bharat Sanchar Nigam Limited will not be responsible for any injury or loss of life occurring to the attendants or any third party while carrying out their duties. The registered agency shall arrange for workmen s Compensation Insurance as required by Law. Page 16 of 36

17 3. SUB-LETTING: The Contractor shall not assign, sub-let or subject the whole or any part of the works covered by the Service Agreement or any benefit thereof. 4. REFUNDS OF EMD/SECURITY DEPOSITS: a. No interest will be payable on the EMD or the Security Deposit or amounts payable to the Awardee Agency under the Agreement. b. Refund of Security Deposit is subject to full and final settlement of the final bill for the works awarded and executed under the service agreement. Security Deposit will be refunded after successful completion of the contract period provided there are no recoveries to be made arising out of poor quality of work/incomplete work/violation of any terms and conditions of the contract as stipulated in the tender document. c. In the case of the successful tenderer, the EMD amount shall be converted as part of the Security Deposit to be paid by them. 5. INDEMNITIES: a. The Agency shall at all times hold the BSNL harmless and indemnify from and against all actions suits, proceedings, works, cost, damages, charges, claims and demands of every nature and description brought or procured against the BSNL, its officers and employees forthwith upon demand and without protest or demur to pass to the BSNL any and all losses and damages and costs (inclusive between Attorney and Client) and all cost 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 agency s obligations or in protecting or endorsing its right in any suit or other legal proceedings, charges and expenses and liabilities resulting from or incidental or in connection with the injury or disablement to or death of any person(s), including employees of the Agency or damage to properties resulting from or arising out of or incidental to the operations caused by the agreed works. b. In addition the agency shall reimburse to the BSNL or pay to the BSNL forthwith, on demand, without protest or demur all costs, charges and expenses and losses and demands and actions which may be brought against the BSNL arising out of or incidental to or in connection with the operation covered by the Service agreement. c. The Agency, shall, at his own cost, at the BSNL s request, defend any suit or other proceedings asserting claim covered by this indemnity but shall not settle, compound or compromise such suit or other findings without consulting the BSNL. 6. TERMINATION OF THE CONTRACTOR : a. The BSNL / Officer-in-charge may, at any time, at his option cancel and terminate this service agreement by issuing one month notice stating reasons for such cancellation or termination to the Contractor, in which event the Contractor shall be entitled to payment for the work done up to the time of such cancellation. Page 17 of 36

18 7. DEMISE OF THE CONTRACTOR BEFORE FULFILLING THE SERVICE AGREEMENT: a. Without prejudice to any of the rights or remedies under this service agreement, if the Contractor dies, the officer-in-charge on behalf of the BSNL shall have the option of terminating the service agreement without forfeiting the security deposit and without any compensation for the Contractor, which does not amount to Breach of service agreement. Any amount payable to the BSNL under this service agreement shall be recoverable from any payment due to him or from the security deposit submitted by him. b. Contractor s legal heirs/representatives shall not without the consent in writing of the Officer-in-Charge, have the right to continue to perform the duties or engagements of the Contractor or under the service, in case of his death. In all cases, proof of death and other relevant documents to this effect shall be submitted to the Officer-in-Charge. 8. RESPONSIBILITY OF THE SERVICE PROVIDER: a. The service provider shall be responsible for the discipline of the persons employed by him. If at any time, it is found that the persons are indulging in act of misbehavior or misconduct etc. the unit officer shall have the right to have him / her replaced by the service provider. b. The service provider should be responsible for the welfare of his persons as per the various State / Central Government Acts and Regulations. c. The service provider will be solely responsible for the employment of persons and payment of salaries, allowances and other benefits including bonus to his labour and BSNL shall in no way responsible for the same. d. The service provider should ensure that the persons employed by them should not participate in any Dharna or Agitation or strike organized by them or by the trade union / Association of BSNL. Tender will be terminated for violation of the above condition with the forfeiture of Security Deposit. e. Any communication to the last known address of the contractor / tenderer will be sufficient for the purpose of written communications. Any plea of absence from head quarters or change of address will not be accepted to establish the non-receipt of communication on the part of the tenderer. 9. CLARIFICATION OF BIDS: a. To assist in the examination, evaluation and comparison of bids the BSNL may, at its discretion ask the bidder for the clarification of its bid. The request for clarification and the response shall be in writing. However at no cost, bid clarification at the initiative of the bidder shall be entertained. b. If any of the documents, required to be submitted along with the technical bid is found wanting, the offer is liable to be rejected at that stage. However the BSNL at its discretion may call for any clarification regarding the bid document within a stipulated time period. In case of non compliance to such queries, the bid will be out rightly rejected without entertaining further correspondence in this regard. Page 18 of 36

19 10. RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS a. The 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 whatsoever and without thereby incurring any liability to the affected bidder or bidders on the grounds of BSNL s action. 11. DISPUTES AND ARBITRATION: a. In the event of any question, dispute or difference arising under this agreement or in connection therewith except as to matter the decision of which is specifically provided under this agreement, the same shall be referred to sole arbitration of the Principal General Manager, Maintenance, STR, Ernakulam or in case his designation is changed or his office is abolished then in such case to the sole arbitration of the said officer for time being entrusted whether in addition to the functions of STR BSNL Ernakulam or by whatever designation such officers may be called (hereinafter referred to as the said officer ) and if the Principal General Manager, Maintenance, STR, Ernakulam or the said officer is unable or unwilling to act as such the sole arbitration or some other person appointed by the Principal General Manager, Maintenance, STR, Ernakulam or the said officer. The agreement to appoint an arbitrator will be in accordance with the Arbitration & Conciliation Act, There will be no objection to any such appointment that the arbitrator is an employee of BSNL or Government Servant. The award of the arbitrator shall be final and binding on the parties. In the event of such arbitrator to whom the matter is originally referred, being transferred or vacating his office or being unable to act for any reasons whatsoever such the Principal General Manager, Maintenance, STR, Ernakulam or the said officer shall appoint another person to act as arbitrator in accordance with the 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 predecessor. b. The arbitrator may from time to time with the consent of parties enlarge the time for making and publishing the award. Subject to aforesaid Arbitration & Conciliation Act, 1996 and the Rules made there of, any modification thereof for the time being in force shall be deemed to apply to the arbitration proceeding under this Clause. c. The venue of the arbitration proceedings shall be at Ernakulam or such other places as the Arbitrator may decide. 12. SET-OFF CLAUSE: a. Any sum of money due and payable to the tenderer (including security deposit refundable to him) under this contract may be appropriated by the BSNL 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. (End of Section-III) Page 19 of 36

20 SECTION IV DESCRIPTION OF WORK INFRASTRUCTURE MAINTENANCE The work for providing services for infrastructure maintenance shall be carried out as per terms, conditions and specifications contained in the Tender Document and shall involve: 1. Keeping continuous vigil over various equipment installations by monitoring alarms and failures of the system and intimating the same to the station-in-charge immediately. 2. Starting and stopping of engine alternator and changing over the power supply to battery and back to mains during power failures. 3. Taking and entering the readings of battery and power plant in the registers as and when required and maintaining the log book of all such activities. 4. Climbing the tower and replacing fused tower warning lamps and broken domes and tightening tower bolts and nuts, as and when required. 5. Assisting Indoor and Outdoor maintenance activities 6. Attending and responding to calls from different stations over order-wire telephone of the systems and local telephone. 7. Cleaning and dusting of equipment installations, testing instruments, air conditioning plants and installations, engine alternator installations, power plant installations, battery installations and all other installation available in the station, without disturbing the continuous working of the equipment and systems in the station. 8. Maintaining the entire station compound in neat and clean manner by cutting and removing the bushes and unwanted vegetations, and 9. Safe up keeping of all the equipments, building, tower and the entire installations in the station compound in neat and safe manner and in all respect. (End of Section IV) Page 20 of 36

21 SECTION -V INFORMATION ABOUT THE TENDERERS 1. Name of the Firm/Tenderer : 2. Father s Name(in case of Individual) : 3. Details about registered address of Firm/Tenderer a. Full Postal address : b. Telephone Number along with NSD code : c. Mobile Number : d. -id 4. Nearest Police Station) : 5. Whether it is Sole Proprietary Firm or Partnership Firm or Private Limited Company : 6. Name(s) of the sole Proprietor/Partners/Directors : 7. Name of person authorized to enter into and execute contract agreement(authorized to be enclosed) : 8. Permanent Account Number(PAN) : 9. Details of other Branches of the Firm/Contractor with Address, if any : 10. Number of labourers employed in the firm so far: 11. Details of License from labour Commissioner for engaging labourers : 12. Specimen Signature of the Contractor : 13. Experience details, if any (To be attached separately): I, declare that all the information given above are true and correct to the best of my knowledge. Signature of the tenderer: Name (in block letters): Address of the Tenderer with Seal Page 21 of 36

22 SECTION -VI E-tendering Instructions Note: The instructions given below are ITI s e-tender portal centric and for Etenders invited by DE(Engg), O/o PGMM STR Ernakulam General: These Instructions (for E-Tendering) supplement Instruction to Bidders, as enclosed in the tender Document. Submission of Bids only through online process is mandatory for this Tender. For conducting electronic tendering, BSNL, STR Ernakulam BA, is using the portal of M/s ITI a Government of India Undertaking. 1.Tender Bidding Methodology Sealed Bid System the sealed envelope(technical/qualifying Bid only) to be submitted to DE(Engg), O/o PGMM STR Ernakulam (Techno Commercial Bids) as well as by soft copy for uploading in E-portal of ITI. Financial bids are only to be uploaded by the bidder at the same time in E-portal of ITI.(financial bid not to be submitted in hard copy) 2. Broad outline of activities from Bidders prospective: 1. Procure a Digital signing Certificates (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, through addenda. 7. Bid-Submission on ETS 8. Attend Public Online Tender Opening Event (TOE) on ETS Opening of Technical Part 9. Post-TOE Clarification 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 Technically Responsive Bidders). For Participating in this Tender online, the following instructions are to be read carefully. These instructions are supplemented with more details guidelines on the relevant screens of the ETS. Note 1: It is advised that all the documents to be submitted ( as per NIT) are kept scanned or converted to PDF format in a separate folder on your computer before starting online submission. The Price bid may be downloaded and rates may be filled appropriately. This file may also be saved in a secret folder on your computer. Note -2: While uploading the documents, it should be ensured that the file name should be the name of the Document itself. Page 22 of 36

23 3. Digital Certificates: 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 III or above issued by a Certifying authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer 4. Registration The Tender document can be downloaded from the website: and to be submitted in the e-format. Cost of Tender document and Bid Security, Power of Attorney (wherever applicable) in original along with the hardcopies of all the documents which are uploaded in the e- tender portal have to be submitted to DE(Engg), O/o PGMM STR Ernakulam by person or by post 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 and processing fee for participating in the above mentioned tender. STR BSNL Ernakulam has decided to use the process of E- tendering for inviting this tender and thus 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. Helpdesk Telephone/Mobile NOs Mr.Jaleel.K.K., jaleel.kk@antaressystems.com Mr Jayaprakash Mob Mr. Aravind Mob No E-maid ID bsnltwhelpdesk@gmail.com BSNL Contact - I BSNL s Contact Person Telephone/Mobile NO E-maid ID DE(Engg), O/o PGMM STR BSNL, MW station, Deshabhimani road, Kaloor, Ernakulam , FAX between 09:30 to hrs On working days rpcstrekm@gmail.com Page 23 of 36