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

Transcription

1 No. DE TM ENK/G-18/TENDER/VCT/OF OD MPZ/ /3 Dated 28/08/2014 BHARAT SANCHAR NIGAM LIMITED (A Govt. of India Enterprise) Tender for providing services for Vehicle Care Taking of OF OD Muvattupuzha subdivision under DE TM Ernakulam for a period of one year Tender Form No : Issued To : Address : Contact Phone Nos. 1. Land line : 2. Mobile : ID : Particulars Of Payment: Signature of issuing officer With Designation& Seal : Total No of Pages: 23

2 TABLE OF CONTENTS Section Description Page No. I Notice Inviting Tender 3 II Guidelines and Instructions to the Tenderer Introduction 5 2. Eligibility Criteria 5 3. Sale of Tender document 5 4. General conditions 6 5. Earnest Money Deposit 6 6. Guidelines for filling up the tender document 7 7. Documents to be submitted along with the tender 8 8. Submission of Tenders 9 9. Tender Evaluation and acceptance of tender Validity period for acceptance of tender Period of tender Security Deposit Signing of the service agreement Documents to be submitted before work Penalties/ Liquidity Damages Legal Jurisdiction 11 III General Terms and Conditions Definitions Insurance Sub-letting Refunds of EMD/ Security Deposits Indemnities Termination of the contractor Demise of the contractor before fulfilling the service Agmt Responsibility of the service provider Disputes and Arbitration Set Off Clause 15 IV Description of Work 16 V Information about the Tenderer 17 VI Financial Bid/ Quotation VII Performa for Service Agreement VIII Certificate regarding Non-Participation of Relative of 22 BSNL IX Check List Page 2 of 24

3 Baart samcaar inagama ilaimatod (Baart sarkar ka ]Vma) BHARAT SANCHAR NIGAM LTD. (A Govt. of IndiaEnterprise) dixana dursamcaar xao~, ernaakulama (ek eo esa Aao 9001 : 2008 p`maainat samgazna) SOUTHERN TELECOM REGION, ERNAKULAM (An ISO 9001: 2008 Certified Organisation) mamdla AiBayaMta paroyana AnaurxaNa ka kaya-alaya Office of the Divisional Engineer, Transmission Maintenance DI TI esa ibaildm+, kiryar stosana raod DTSBuilding, Carrier Station Road ernaakulama,kaoccai, Ernakulam, Kochi faona Phone : fO@sa Fax : SECTION-I NOTICE INVITING TENDER No. DE TM ENK/G-18/TENDER/VCT/OF OD MPZ/ /3 Dated 28/08/2014 Sealed Tenders from Registered Service Agencies are invited by the Divisional Engineer,Transmission Maintenance, BSNL STR, DTS building, Carrier Station road, Ernakulam for providing services for Vehicle Care Taking of OF OD Muvattupuzha subdivision under DE TM Ernakulam for a period of one year Approximate value of works (Estimated cost) : Rs. 1,41,034/- Bid Security (EMD) : Rs.3500/- Issue of Tender Forms : From to Last Date & Time for receipt of : Hrs. of Tender Forms Date and Time of opening of : 1130 Hrs. of Tender Form Venue for depositing the tender/ Venue for opening Tender : Office of the Divisional Engineer (TM) DTS Building, Carrier Station road Ernakulam, Kochi Tender forms can be had from the office of Divisional Engineer, BSNL, Transmission Maintenance, STR, DTS Building, Carrier Station Road, Kochi on all working days between 1100 hrs and 1600 hrs from to on payment of non refundable amount of Rs.525/-(Rupees Five hundred and twenty five inclusive of 5%VAT and1% cess) 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 GMM, STR, BSNL, Ernakulam. The tender document may also be downloaded from our website: (Select STR circle) and the said downloaded documents shall be legally valid for participation in the tender process. A crossed demand draft drawn on any Nationalized Bank in favour of The Accounts Officer (C&C), O/o GMM, STR, BSNL, Ernakulam for Rs. 525/- (Rs. Five hundred and twenty five inclusive of VAT) towards the cost of the tender document must be submitted along with downloaded tender document. Bidders using downloaded tender form shall watch this site Page 3 of 24

4 (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. If any Tenderer wants to obtain the Tender Document by post, he has to submit an additional amount of Rs.100/- (Rupees One hundred only), per set of Tender Document along with the other necessary documents. The Tender Document will be sent to the Tenderer by Registered Post with Acknowledgment Due. However the BSNL shall not take any responsibility for the delay in postal transit, if any. mamdla AiBayaMta, bai esa ena ela Divisional Engineer, BSNL, paroyana AnaurxaNa, esa TI Aar Transmission Maintenance, STR, ernaakulama, Ernakulam (End of Section-I, Notice Inviting Tender) Page 4 of 24

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 : The Southern Telecom Region(STR) is a unit of Bharat Sanchar Nigam Limited (BSNL), a Govt. of India Enterprise providing long distance telecom connectivity. In Kerala state, the operations are headed by the General Manager Maintenance, STR, Ernakulam. The General Manager is assisted by the Deputy General Manager on all operations. There are ten Transmission Maintenance(TM) Divisions across Kerala state, under the control of GMM, STR, Ernakulam. One of such division is TM ENK headed by The Divisional Engineer(TM), shortly referred to as DE, in charge for Digital Transmission stations at various locations. The DE is assisted by a number of Sub Divisional Engineer(SDE). The SDE is the in-charge of locations/offices. The vehicles in this division are the asset of BSNL STR Ernakulam and supervised by concerned Divisional Engineers in each divisions. The vehiclecare takingof OF OD Muvattupuzha subdivison under DE TM Ernakulam are referred to as WORK and are outsourced through tenders. The complete scope and extent of the WORK is detailed in the description of the work. 2. ELIGIBILITY CRITERIA : 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 service tax registration. iii. The Agency must have valid EPF and ESIC registration. iv. BSNL employees or their relatives are not eligible to participate in the Tender. 3. SALE OF TENDER DOCUMENT: i. Tender document can be had from the Divisional Engineer,Transmission Maintenance, BSNL STR, Telephone Bhavan,3 rd floor,ernakulam all working days of the period specified for sale of tender document in NIT from between 1100 hrs and 1600 hrs. The Tender documents will be issued to the Tenderers, on request in writing, submitted along with the cost of the Tender document. ii. The cost of the tender document is Rs. 525/-(Rupees Five hundred and twenty five inclusive of VAT). This amount is non refundable. iii. 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 on any Nationalized Bank and payable at Ernakulam and in favour of The Accounts Officer(C&C), O/o GMM, STR, BSNL, Ernakulam.Cost of the Tender document in cash or in any other form, other than as mentioned above will not be accepted. iv. The Tender document can also be downloaded from our website: and the said downloaded documents shall be legally valid for participation in the tender process. If downloaded document is submitted, the cost of the tender document should be paid in the manner specified in (ii) and (iii) above, while submitting the Page 5 of 24

6 tender document. Nonpayment of cost of the tender document would lead to total rejection of the bid. v. All tenderers shall watch the site for clarification/corrigendum if any, that may be posted and will ensure the same to be included before the submission of tender document. vi. If any Tenderer wants to obtain the Tender Document by post, he has to submit an additional amount of Rs.100/- (Rupees One hundred only), per set of Tender Document along with the other necessary documents. The Tender Document will be sent to the Tenderer by Registered Post with Acknowledgment Due. However the BSNL shall not take any responsibility for the delay in postal transit, if any vii. Tender Document purchased is not transferable. 4. GENERAL CONDITIONS: i. The Tenderer must carefully read all the terms, conditions and specifications before filling up the Tender schedule and his 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. ii. 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. iii. 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. iv. The DE in charge of the works is the authorised representative of the BSNL, herein after called the Officer-in- Charge, may authorise a SDE/Junior Telecom Officer wherever necessary to supervise and oversee the services provided on his behalf. 5. EARNEST MONEY DEPOSIT: EMD as prescribed in Section-I for Providing services for Vehicle caretaking of OF OD Muvattupuzha subdivision under DE TM Ernakulam in Southern Telecom Region, Ernakulam in the form of crossed Demand Draft drawn on any Nationalized Bank in favour of The Accounts Officer (C&C), O/o GMM, STR, BSNL, Ernakulam should be enclosed with the Tender. The date of issue of the Demand Draft should be a date on or after the date of issue of this tender notification. i. Each tender should accompany a separate Earnest Money Deposit. Tender without prescribed EMD will be summarily rejected. The EMD will not bear any interest for any period whatsoever. ii. The EMD of non qualifying Tenderers will be returned only after finalisation 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. Page 6 of 24

7 iii. If the Tenderer fails to execute agreement within the period specified on his being called upon to do so, the EMD will be forfeited as mentioned in the relevant Clause, contained in this Tender Document. 6. GUIDELINES FOR FILLING UP THE TENDER: i. The Tenderer or authorized representative holding Power of Attorney authorizing him to sign on behalf of the Tenderer 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. ii. 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. iii. The Tenderer shall not have any right to modify the conditions or specifications contained in the Tender document at any occasions. The Tenderers will be bound by all terms, conditions and specifications detailed in this tender document. Any tender submitted with conditions other than those specified in the tender document will be summarily rejected. iv. 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 Deputy General Manager/General Manager or endeavors to secure interest for actual or prospective tender or to influence by any means the acceptance of the particular tender will render the tender liable to be excluded from considerations. The Deputy General Manager /General Manager may take necessary actions to black-list such Tenderer(s). v. The quotation/bid in section XII submitted by the Tenderer shall contain rates in two portions, monthly wages (Pre-fixed) for 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 month 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. vi. The monthly wage provided in the prefixed part of bid contains the following. (a) Minimum wages for skilled labourers, variable dearness allowance (The minimum wages act 1948) as prescribed by Chief Labour Commissioner or State Labour Commissioner whichever is higher. (b) Employer s contribution towards EPF (The Employees Provident Funds and Miscellaneous Provisions Act, 1952 ) along with its administrative charges (c) Employer s contribution towards the ESI wherever applicable (The Employee s State Insurance Act, 1948) vii. The rates provided under the pre-fixed portion are fixed as per the prevailing Rules and Regulations of Government of India/State Government and shall not be altered or Page 7 of 24

8 modified by the Tenderer. It varies only when Chief labour commissioner or State labour commissioner revises the rate which is accepted as the basic wage and DA. viii. 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 names of the employees engaged by him with subsequent bills.. ix. 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. x. The incidental charges portion shall contain the establishment charges of the Tenderer for providing the services called for, together with the Tenderer s profit. 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 shall be deemed to be included in the bid prices quoted by the Tenderer at the time of submitting his tender. The incidental charges will not change and is fixed during the entire contract period. However, the Service Tax as applicable from time to time shall be paid by BSNL to the successful Tenderer. xi. 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 - VI and not in any other form. 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. xii. No errors and over-writing shall be permissible unless attested under the signature of the Tenderer with date. xiii. The Tender Schedule in section VI 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. DOCUMENTS TO BE SUBMITTED ALONG WITH THE TENDER DOCUMENT: The following documents are to be submitted along with the NIT. i. 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. ii. Demand Draft towards Earnest Money Deposit as prescribed in the manner specified in the relevant Clause, contained in this section of the tender document. iii. Demand Draft towards cost of Tender document if it is downloaded from internet. iv. 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 Page 8 of 24

9 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. v. 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. vi. Self attested copy of Current Valid Registration Certificate for the Agency / Firm / Partnership Firm issued by Central and State Tax authorities. vii. Self attested copy of Registered PAN viii. Self attested copy EPF registration certificate ix. Self attested copy ESI Registration certificates x. Declaration stating that none of the near relative of the tenderer is working in the BSNL units for which the tender is called for. xi. Experience Certificate if any. 8. SUBMISSION OF TENDERS: i. The tenders shall be deposited in the tender box kept in the O/o Divisional Engineer, BSNL, Transmission Maintenance, STR, DTS Building, Carrier Station Road, Kochi for that purpose. Divisional Engineer or any other staff working with him shall not receive any tender in person. ii. Tenders shall be submitted to the Divisional Engineer in the prescribed forms placed in wax sealed envelopes; superscribed with the note Tender for providing services for Vehicle Care Taking of OF OD Muvattupuzha subdivision under the control of DE TM Ernakulam The full name and addresses of the Tenderer shall be written on the bottom left hand side corner of the sealed cover. iii. Closing of the envelope merely by gum will not be treated as sealed cover. Tenders received in envelopes not sealed will not be opened or considered. Tenders received in unsealed envelopes will be opened only when the Tenderers makes a request for return of any Demand Draft enclosed as EMD. In such cases, only the Demand Draft will be returned and the BSNL will retain the rest of the document. iv. 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. v. The tender box will be sealed immediately after the specified time as per the timings of the office clock for receipt of tender. vi. 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. vii. 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. viii. 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 Page 9 of 24

10 working day at the same time as specified in the Tender Document without any more Notices. ix. BSNL reserves the right to accept or reject any or all tenders without assigning any reason. x. 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. 9. TENDER EVALUATION AND ACCEPTANCE OF TENDER: i. The rates quoted by the Tenderer under the incidental charges portion for providing the services per annum called for at the given locations shall form the basis for tender evaluation. ii. Divisional Engineer reserves the right to reject any or all tenders without assigning any reasons whatsoever and is not bound to accept the lowest tender. iii. 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. 10. VALIDITY PERIOD FOR ACCEPTANCE OF TENDER: 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. 11. PERIOD OF TENDER i. Tenders awarded to the Successful Tenderers will remain valid for a period of One Year from the date of award of the Tender. BSNL reserves the right to further extend the period of service agreement with mutual consent of the successful tenderer, 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. ii. The incidental charges remain fixed during the contract period and also during the extended period. 12. SECURITY DEPOSIT: i. 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. ii. If the successful tenderer fails to submit the security deposit within two weeks of finalisation 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.the Security Deposit will not carry any interest while it is in the custody of BSNL. Page 10 of 24

11 13. SIGNING OF THE SERVICE AGREEMENT: 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.100/- (Rs.One 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. 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. 14. DOCUMENTS TO BE SUBMITTED BEFORE COMMENCEMENT OF WORK: i. Attested copy of the valid driving license and experience certificate of the persons employed by the contractor for carrying out the contracted work. ii. General Insurance Policy document for a minimum sum of Rs.1,00,000. iii. 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. 15. PENALTIES i. 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/GMM STR, BSNL Ernakulam will be final in this regard. ii. If any consequential damages occur while carrying out the work, the damage incurred so should be borne by the tenderer. iii. The contractor is fully responsible for any failure towards the non-payment of EPF / ESI / Service Tax & Educational Cess which lead to penalty by the authorities concerned. BSNL shall stand indemnified against any such penalties. iv. 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. 16. 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. ********* Page 11 of 24

12 (End of Section-II) SECTION III GENERAL TERMS AND CONDITIONS 1. DEFINITIONS: i. 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. ii. In the Service Agreement, the following expressions shall unless where the context otherwise required have the meaning hereby respectively assigned to them. a. 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. b. 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. iii. The BSNL refers BHARAT SANCHAR NIGAM LIMITED, a Public sector Enterprise under the Ministry of Communications, Government of India and all its officers. iv. 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 i. 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), 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. ii. 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 Page 12 of 24

13 attendants or any third party while carrying out their duties. The registered agency shall arrange for workmen s Compensation Insurance as required by Law. 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: i. No interest will be payable on the EMD or the Security Deposit or amounts payable to the Awardee Agency under the Agreement. ii. 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. iii. 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: i. 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. ii. 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. iii. 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 : 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 13 of 24

14 7. DEMISE OF THE CONTRACTOR BEFORE FULFILLING THE SERVICE AGREEMENT: i. 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. ii. 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: i. 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. ii. The service provider should be responsible for the welfare of his persons as per the various State / Central Government Acts and Regulations. iii. 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. iv. The Vehicle caretaking agencies 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. v. 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. DISPUTES AND ARBITRATION: i. 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 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 General Manager, Maintenance, STR, Ernakulam or the said Page 14 of 24

15 ii. iii. officer is unable or unwilling to act as such the sole arbitration or some other person appointed by the 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 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. 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. The venue of the arbitration proceedings shall be at Ernakulam or such other places as the Arbitrator may decide. 10. SET-OFF CLAUSE: 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 15 of 24

16 SECTION IV DESCRIPTION OF WORK VEHICLE CARE TAKING The work for providing services for vehicle care taking shall be carried out as per terms, conditions and specifications contained in the Tender Document and shall involve: i. Washing, cleaning and mopping the vehicle on daily basis, safe driving of vehicle as and when required, and maintenance of register for the movement of vehicle. ii. Maintaining the register for consumption of diesel, oil and other consumables, iii. Following up the repair work of the vehicle, as and when required. iv. Safe up keeping of the vehicle in neat and safe manner and in all respect. (End of Section IV) Page 16 of 24

17 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): Page 17 of 24

18 SECTION VI Address of the Tenderer with Seal FINANCIAL BID / QUOTATION For Vehicle Care Taking of OF OD Muvattupuzha subdivision under DE TM Ernakulam for a period of one year To The Divisional Engineer Sir, In response to your Tender Notice No.. I/We hereby submit our tender rate as under for the Vehicle Care Taking of OF OD Muvattupuzha subdivision under DE TM Ernakulam for a period of one year. Name and address of the Tenderer (in Block Letters): Particulars of EMD Amount of Earnest Money Deposit Rs.. /- [Rupees Only] Number and date of the DD/Pay order drawn in favour of Accounts Officer(C&C) STR Ernakulam and payable at Ernakulam Name of the bank and branch TENDER SCHEDULE AND QUOTATION (under DE TM Ernakulam) Providing services for Vehicle Care Taking of OF OD Muvattupuzha subdivision under DE TM Ernakulam for a period of one year A.1)Pre-fixed rate per service per month (These rates are pre-fixed based on CLC Letter No.1/2(3)/ LS-II dated Minimum wages per month ( for 26 days) for skilled labourers for 1 8 hours per day [including DA] Rs. 8034/- EPF together with its administrative 13.61% of the total 2 amount at sl. No.1 above ESI (if applicable 4.75% of the total amount at serial No.1 3 above Total of Pre-fixed rates per month (1+2+3+above) (Pre-fixed rates that shall not be altered by the Tenderer) Rs. 1093/- Rs. 382/- Rs. 9509/- Page 18 of 24

19 A.2) Incidental charges (This forms the basis for tender evaluation): Item Quantity Unit Rate per unit Rate per unit in words (in Rs) Incidental charges for Vehicle care taking 1 Per service per month The above offer is firm and final. I/We hereby undertake to abide by all the terms and conditions set forth in the tender notice pertaining to the Notice Inviting Tender No dated at the Certified that all the terms and conditions included in the Tender Documents are read and understood by me and I hereby agree to abide by all the terms and conditions. Thanking you, Yours faithfully, Signature of the Tenderer (Name and Address in Block letters) Note: 1. Service Tax as applicable from time to time on approved prefixed rates, incidental charges shall be paid by BSNL to the successful tenderer on submission of the documentary proof along with subsequent bills. 2. The total amount payable shall comprise of prefixed rates, approved incidental charges and service tax. 3. If there is any difference between the rates quoted in figures and words, the rates quoted in words only will be considered for evaluation. 4. No column should be left unfilled. (End of Section - VI) Page 19 of 24

20 SECTION-VII Performa for Service Agreement An agreement made this Day of...(month).(year) between the Bharat Sanchar Nigam Limited, hereinafter called the BSNL (which expression shall unless excluded by or repugnant to the context, include his successors and assignees) on one part and M/s.. (name and address).. (Acting through its constituted attorney) hereinafter called the Contractor (which terms shall include their heirs, executors, successors and assignees) on the other part. WHEREAS the BSNL is desirous of getting executed certain works namely: Providing services for the..(name of the service and location) for.(hours) /round the clock per every day, for a period of one year with effect from , irrespective of holidays, festival days, any sort of strike days, bandh days or harthal days, in accordance with terms, conditions and specifications contained in the tender document issued vide reference no:.....dated....and letters of intent issued vide reference no:... dated... AND WHEREAS the Contractor is ready and willing to execute the said works in accordance with the contract. NOW THIS AGREEMENT WITNESSETH and it is hereby agreed and declared as follows: 1. THE NOTICE INVITING TENDER, Instructions to Tenderers and Conditions of Contract, issued vide tender notification no:... dated... and Letter of Intent vide no:... dated... (along with its enclosures) annexed hereto and such other additional particulars and instructions 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 'Contract Documents' wherever herein used. 2. IN CONSIDERATION OF THE PAYMENT to be made to the Contractor for the work to be executed by him, the contractor hereby covenants with the BSNL that the contractor shall in accordance with the contract documents duly provide, execute and complete the said works and shall perform all other acts, deeds, matters and things in the contract mentioned or described or which are to be implied there from or may be reasonably necessary for the completion of the said works and at the time and in the manner and subject to the terms and conditions of stipulations mentioned in the contract. 3. The contractor has agreed that EPF/ESI contributions will be remitted regularly to the concerned organization in the EPF account of the contract worker as per schedule/rules and the EPF/ESI account numbers and receipts will be produced along with the monthly bill to the Divisional Engineer concerned. 4. AND THE CONTRACTOR further agreed that tender will be terminated by issuing one month notice if the performance of the service provided is not satisfactory and also far non compliance of any of conditions laid down in the afore said tender document. Page 20 of 24

21 5. IN CONSIDERATION OF DUE PROVISIONS, executions and completion of the said works in all respect, in accordance with terms, conditions and specifications contained in the Tender Document, the BSNL hereby agrees with the contractor that the BSNL will pay to the contractor a sum of Rs...(Rupees.) (Prefixed rate Rs and Incidental Charges Rs..), for the entire period of one year and such other sum(s) as may become payable to the contractor under the provisions of the Tender Document, issued vide tender notification no:..., dated Contractor agrees to pay the wages to contract labours not less than the minimum wages as fixed in the tender document and also other payments due either from BSNL or contractor before 7 th of every month. 7. The following documents shall be deemed to form and be read and construed as part of this agreement/contract and binding on the parties:- a) The NIT and the said tender document b) The bid submitted by the contractor c) Subsequent agreements between the parties after submission of offer 8. The Party at second part called as Contractor also declares that none of this/her relatives, i.e. Wife, Husband, Parents, Grandparents, Children and Grand-children, Brothers, Sister, Uncles, Aunts and Cousins and their corresponding in-laws is working in BSNL. 9. All the disputes are subject to the jurisdiction of the courts at Ernakulam only. 10. Security of Rs. (Rupees.only) is furnished below. Rs... Security Deposit DD No. dtd IN WITNESS WHEREOF the parties hereto have executed these presents the day and the year above written. SIGNED AND DELIVERED BY, FOR AND ON BEHALF OF BHARAT SANCHAR NIGAM LIMITED: Signature : Name : Designation : Address : SIGNED AND DELIVERED BY, FOR AND ON BEHALF OF THE CONTRACTOR: Signature : Name : Address : IN THE PRESENCE OF: 1. Signature : Name : Address : 2. Signature : Name : Address : Page 21 of 24

22 SECTION-VIII Certificate On Non-Participation Of Near Relatives Of BSNL Employee (In the case of tender called for Providing vehicle care taking of OF OD Muvattupuzha subdivision under DE, TM Ernakulam ) CERTIFICATE I, S/O, R/O hereby certify that none of my relative(s) is/ are employed in BSNL unit as per details given in tender document. In case at any stage, it is found that the information given by me is false/incorrect, BSNL shall have the absolute right to take any action as deemed fit/ without any prior intimation to me. Signed (For and on behalf of the Contractor) Name (caps) Position Date

23 SECTION IX CHECK LIST TO BE FILLED BY THE TENDERERS Pls Tick the Status column as indication of submission of relevant document. SLNO Name of document Status Remark 1 Whether tender covers are Wax-Sealed Yes/NO 2 Whether Tender cover is superscribed as Tender for Vehicle Care Taking of OF OD Muvattupuzha subdivision under DE TM Ernakulam for a period of one year. 3 Tender document has been signed in all Pages by the tenderer. Yes/NO YES / NO 4 Earnest Money Deposit YES / NO DD towards Cost of tender document if it is 5 downloaded. 6 Current Valid Registration Certificate for the Agency / Firm issued by Central and State Tax authorities. Original Power of Attorney enclosed in case 7 any person other than the tenderer himself, has signed the tender. YES/NO/NA YES / NO YES / NO/ Not applicable Validity period of registration: 8 Authenticated copy of the partnership Deed in case of Partnership Firm and Power of Attorney to the Representative of the Firm to operate the Tender enclosed. YES /NO / Not applicable 9 Valid Labour License from the Regional Labour Commissioner attached. YES / NO 1. No of labourers permitted 2. Validity period of Labour license : 10 Latest EPF registration certificate attached YES / NO EPF Code No: 11 Service Tax Registration certificate attached YES / NO ST Code No: 12 ESI Registration certificate attached YES / NO ESI Code No: 13 Attested copy of Registered PAN and Income TAX clearance certificate YES / NO PAN No.: Page 23 of 24

24 14 Certificate on none of the near relative of the tenderer is working in the BSNL units for which the tender is called for. YES / NO 15 Vendor details Form for online payment YES / NO Self certificate stating that the tenderer is not blacklisted or ineligible to participate tender in any BSNL units in Kerala Jurisdiction Experience Certificate if any, for the service provided to BSNL unit or any other firms YES / NO YES / NO Whether rate quoted in Section VI is mentioned in figures as well as in words. Whether the correction, if any, have been encircled and fresh entry made and signed by the Authorized Signatory. (No over writing is permitted.) Yes/NO Yes/NO Page 24 of 24