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1 qwertyuiopasdfghjklzxcvbnmqwertyui opasdfghjklzxcvbnmqwertyuiopasdfgh jklzxcvbnmqwertyuiopasdfghjklzxcvb मह नगर ट ल फ न ननगम ल लमट ड, म बई. nmqwertyuiopasdfghjklzxcvbnmqwer MAHANAGAR TELEPHONE NIGAM LTD., MUMBAI O/o Senior Manager (Bldg&MDF) Mulund Telephone Exch Bldg. M.M.M.Road., Mulund (West) tyuiopasdfghjklzxcvbnmqwertyuiopas dfghjklzxcvbnmqwertyuiopasdfghjklzx OPEN TENDER FOR ANNUAL MAINTENANCE CONTRACT cvbnmqwertyuiopasdfghjklzxcvbnmq FOR HOUSE KEEPING AT VARIOUS EXCHANGE BUILDINGS UNDER D.G.M.(MULUND) EAST-2, MUMBAI wertyuiopasdfghjklzxcvbnmqwertyuio pasdfghjklzxcvbnmqwertyuiopasdfghj TENDER NO. Sr.Manager(Bldg&MDF)/MUL/House keeping /NIT/15-16 Date:10/04/2015. klzxcvbnmqwertyuiopasdfghjklzxcvbn Price Rs. 525/- (Rupees Five Hundred Twenty Five Only) each copy (inclusive of all mqwertyuiopasdfghjklzxcvbnmqwerty Taxes) Non Refundable- Payable by DD / Pay Order in favour of MTNL, Mumbai. uiopasdfghjklzxcvbnmqwertyuiopasdf Signature of Tenderer ghjklzxcvbnmqwertyuiopasdfghjklzxc MTNL., Mumbai. (with Seal) Sr.Manager (Bldg&MDF) Mulund vbnmqwertyuiopasdfghjklzxcvbnmrty uiopasdfghjklzxcvbnmqwertyuiopasdf ghjklzxcvbnmqwertyuiopasdfghjklzxc vbnmqwertyuiopasdfghjklzxcvbnmqw ertyuiopasdfghjklzxcvbnmqwertyuiop Page 1

2 INDEX Pages Clause/ Annexure 1 Cover Page Details 2 Index 3 4 Notice inviting Tender 5 12 Instructions to Bidders General (Commercial) Conditions of Contract Special Conditions of Contract Annexure I Technical Bid 34 Annexure II Schedule of requirements 35 Annexure III A Work specification 36,37 Annexure III B Area specification 38 Annexure -III C Area Calculation 39 Annexure-IV Bid Form and Price Schedule-Financial Bid Annexure-V Declaration 42 Annexure-VI Questionnaire Annexure-VII Proforma of Agreement Annexure-VIII Proforma for Bank Guarantee 48 Annexure-IX Proforma for Authorization letter to attend tender opening Page 2

3 MAHANAGAR TELEPHONE NIGAM LIMITED, MUMBAI (A GOVERNMENT OF INDIA ENTERPRISE) O/o The Senior Manager (Building) Mulund, 1 st Floor, Mulund Telephone Exchange, M.M.M. Road, Mulund (W), Mumbai TENDER NO. Sr.Manager(Bldg&MDF)/MUL/House keeping /NIT/15-16 Date:10/04/2015. NOTICE INVITING TENDER 1. On behalf of General Manager East II, Mahanagar Telephone Nigam Limited, sealed tenders are invited under Two Bid system by Sr. Manager (Bldg&Mdf)MUL, Mulund Telephone Exchange Building, M.M.M Road Mulund (W) Mumbai for House Keeping of Exchange buildings under the jurisdiction of DGM (Tech) Mulund for a period of ONE year. The AMC is extendable up to one year at the discretion of MTNL on same terms and conditions 2. Date of obtaining tender forms and submission of filled up tenders shall be as under:-. Sl.No Description Date Time A Last Date & Time up to which Tender 09/06/ Hours forms will be issued B Last Date & Time up to which filled in 10/06/ Hours tenders have to be submitted C Tender Opening Date and Time 10/06/ Hours 3. a. Name of work: Sweeping and cleaning work of complete Mulund Telephone Exch., BTM RSU Bhandup(W), Bhandup Village RSU, Manisha Tower RSU, Dream RSU, Govind Udyog RSU & Sai deep (DMLN-II) Mulund (W) Exchange buildings. b. Estimated Cost: Rs. 6,17,419 / (Rs. Six lacks Seventeen Thousand Four Hundred Nineteen only) inclusive all Taxes FOR ONE YEAR. c. Earnest Money Deposit: Rs. 12,348 /- (Rupees Twelve Thousand Three Hundred Forty eight only). 4. Eligibility conditions:- Page 3 a) Experience of carrying out work of House Keeping and Garden Maintenance Work in MTNL / DOT / BSNL/Railways or any Central/State Government Departments/ Public Sector Undertakings/ Public Sector Banks/ Autonomous Bodies or any reputed firm for at least Three years as on Experience : i) Three similar completed works each costing not less than the amount equal to 40% of the estimated cost.

4 OR ii) Two similar completed works each costing not less than the amount equal to 50% of the estimated cost. OR iii) One similar completed work costing not less than the amount equal to 80% of the estimated cost. Note: Only completed works duly certified satisfactory by authorities not below the level of Senior Manager or Executive Engineer will be accepted as proof of completion of a work. Work order or job orders will not be considered as proof of completion. b) Annual financial turnover during each of the last 3 years, ending 31st March 2015 should be at least 30% of the estimated cost. c) Registration with Service Tax authorities. d) Attested copies of Income Tax Returns for the last 3 financial years. e) Copy of latest Valid Labour Licence from labour commissioner office. f) Registration with Employees Provident Fund Organization (EPFO) g) Registration with ESIC authorities h) Appropriate registration for Partnership / Private Limited / Limited firms. i) The firm should not have been black listed/ debarred by / from any Government or Public Sector Organization. 5. Cost of Tender Form: The cost of tender form is Rs.525/- (Rupees Five Hundred and Twenty Five only) (including 5% VAT) payable by Demand Draft drawn on any Scheduled/ Nationalized Bank in favour of MAHANAGAR TELEPHONE NIGAM LIMITED, MUMBAI payable at Mumbai. Tender cost is not refundable. The Tender form can be collected, on payment of cost of tender form, from the office of Senior Manager (Bldg)MUL, Mulund Telephone Exchange Building, M.M.M Road Mulund (W) Mumbai on all the working days except Second Saturday between hours and hours. Tender forms will not be sent by post. The intending firm can also download the tender document available on MTNL Website or or In such case, DD/Pay Order of Rs.525/- drawn in favour of MAHANAGAR TELEPHONE NIGAM LIMITED, MUMBAI (Payable at Mumbai) from any Nationalized or Scheduled Bank should be submitted along with Tender Bid towards cost of Tender Documents (Not Refundable). Sr. Manager (Building) Mulund MTNL Mumbai Contact No ID: deocbmul4@gmail.com Page 4

5 INSTRUCTIONS TO TENDERER 1. DEFINITIONS a. The MTNL shall mean Mahanagar Telephone Nigam Ltd., having its registered office at Mahanagar Door Sanchar Sadan, 9, CGO Complex, Lodhi Road, New Dehli and shall include their legal representatives, employees and permitted assignees. b. The CMD MTNL shall mean the Chairman and Managing Director of Mahanagar Telephone Nigam Ltd., or his successors in the office or his authorized officer. c. The ED MTNL shall mean the Executive Director, MTNL, Mumbai or his successors in the office or his authorized officer. d. The GM shall mean the concerned General Manager e. The DGM or DGM (Tech) shall mean the concerned Deputy General Manager of MTNL, Mumbai. f. The S.M shall mean concerned Senior Manager g. The Contract shall mean & include Notice for Inviting Tender (NIT), the tender documents and letter of acceptance thereof and the formal agreement, if any, executed between the MTNL and the Contractor together with the complete documents referred to therein including the conditions with appendices and any special conditions, the specifications, designs, drawings, schedule of quantities with rates and amounts and schedule of rates. All these documents taken together shall be deemed to form one Contract and shall be complementary to each other. h. The Contractor shall mean the individual or firm or company whether incorporated or not, undertaking the work and shall include legal representative(s) of such individual or persons composing such firm or company or successors of such firm or company as the case may be and permitted assignees of such individual or firm or company. i. The Deputy Manager, MTNL or Dy.Manager-in-Charge shall mean the concerned Deputy Manager in-charge, who shall direct, supervise and be in-charge of the work for purposes of the Contract. The Sr.Manager, MTNL may nominate his representative(s) and authorize him/them to assist in performing his duties and functions. j. The Site shall mean the land, building and/or other places or part thereof on, under, into or through which the Work is to be executed under the Contract including any other lands or places which may be allotted by the MTNL or used for the purpose of this Contract k. The Work shall mean the works to be executed in accordance with the Contract. l. The Letter of Acceptance shall mean intimation by a letter in writing by the MTNL to the successful tenderer that his tender has been accepted in accordance with the provisions contained therein. m. The Contract Value shall mean the amount at which the tender has been accepted. n. The Tender shall mean the proposal along with supporting documents submitted by eligible tenderer on the prescribed documents/forms for consideration of the MTNL. o. The Bidder means the individual or firm who participates in the tender and submits its bid. p. The Letter of Acceptance means the intention of the MTNL to place the Work order on the bidder. Page 5

6 q. The Work Order means the order placed by the MTNL on the successful bidder, duly signed and includes all attachments and appendices thereto and all documents incorporated by reference therein. The Work Order shall be deemed as Contract appearing in the document. 2. INTERPRETATIONS 2.1 Singular and Plural Words imparting the singular only also include the plural and vice-versa where the context requires. 2.2 Headings and marginal notes if any to these General Conditions shall not be deemed to form part thereof or be taken into consideration in the interpretation or construction thereof or of the Contract. 2.3 MEANINGS Wherever in this Contract the words directed, permitted, required ordered, designed, considered, necessary or like words are used, it shall be understood that the said directions, permissions, requirements, orders, designs etc. of the Senior Manager, MTNL, are intended. Similarly, words approval, acceptable, satisfactory or like words shall mean approved by or acceptable to or satisfactory to the Senior Manager, MTNL unless any other meaning is plainly intended Languages and Measures 2.4 In case of dispute in the interpretation, the decision of concerned GM shall be final and binding. 3 COST OF BIDDING The bidder shall bear all costs associated with the preparation and submission of the bid. The MTNL will, in no case, be responsible or liable for these costs, regardless of the conduct or outcome of the biding process. 4. Tender DOCUMENT Contain 4.1 The services required to be carried out, bidding procedures and contract terms and condition are Prescribed in the bid documents. The Bid documents include: a) Notice Inviting Tender b) Instructions to Bidders c) General(Commercial) Conditions of Contract d) Special conditions of Contract, if any e) Schedule of Requirements Page 6

7 f) Work specification g) Area specification h) Technical Bid and Financial Bid Forms i) Performance Security Bond Form j) Agreement Proforma k) Declaration l) Questionnaire m) Letter of authorization to attend bid opening. 4.2 The Bidder is expected to examine all instructions, forms, terms and specifications in the Bid Documents. Failure to furnish all information required as per the Bid Documents or submission of the bids not substantially responsive to the Bid Documents in every respect will be at the bidder s risk and may result in rejection of the bid. 5. CLARIFICATION OF BID DOCUMENTS 5.1 A prospective bidder, requiring any clarification on the Bid Documents shall notify the Sr.Manager in writing or by FAX at the Sr.Manager s mailing address indicated in the invitation of Bid. The Sr.Manager shall respond in writing to any request for the clarification of the Bid Documents, which it receives not later than 21 days prior to the date of opening of the Tenders. Copies of the query (without identifying the source) and clarifications by the Sr.Manager shall be sent to all the prospective bidders who have received the bid documents. 5.2 Any clarification issued by MTNL in response to query raised by prospective bidders shall form an integral part of bid documents and it may amount to an amendment of relevant clauses of the bid documents. 6. AMENDMENT OF BID DOCUMENTS 6.1 At any time, prior to the date of submission of Bids, MTNL may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective bidder, modify bid documents by amendments. 6.2 The amendments shall be notified in writing or by FAX to all prospective bidders on the address intimated at the time of purchase of the bid document from the purchaser and these amendments will be binding on them. Page 7

8 6.3 In order to afford prospective bidders a reasonable time to take the amendment into account in preparing their bids, MTNL may, at its discretion, extend the deadline for the submission of bids suitably The bidders are required to keep a watch on the MTNL Web Site with reference to any amendment to the tender document or to clarification to the queries raised by the bidders till a day prior to the opening of the tender. MTNL reserves the right for rejection of bids if the bids are submitted without taking into account these amendments/clarifications. Further bidder will be fully responsible for downloading of the tender document and amendments for their completeness. 7. GENERAL TRANSFER OF DOCUMENTS Transfer of tender documents purchased by one intending bidder to another is not permissible. 8.SITE AVAILABILITY The Site for execution of the work is/are available for inspection of vendor for analyzing his bid offer cost. Vendor can obtain information of the site and work from the Sr.Manager / D.M (Bldg)Mulund, MTNL. 9.TENDERER TO HAVE VISITED SITE: The tenderer shall be deemed to have visited the Site and familiarized him self thoroughly with it before submitting the Tender. Non-familiarity with the site, working conditions like shall not be considered as reason for extra claims or for not carrying out the works. The Tenderer shall wherever applicable, read the Specifications, which may in any way affect his tender and in case of any doubt, obtain required particulars/clarifications, from the Manager -in-charge. No extra Payment whatsoever will be made beyond the Contract value for the alleged ignorance on the part of contractor. 10.TENDERER TO OBTAIN HIS OWN INFORMATION: The tenderer shall be deemed to have examined the tender documents, and to have obtained all the necessary information in all matters whatsoever that might influence carrying out the Works at the rates, prices quoted in the pricing scheduled and satisfied himself to the sufficiency of his tender etc. 11.ONLY ONE TENDER PER FIRM If more than one tender has been received from the same bidder, all the bids except the lowest quoted one will be rejected FILLING UP OF TENDER DOCUMENTS THE TENDER DOCUMENTS TO BE SUBMITTED SHALL CONSIST OF: A complete set of the tender documents as issued by the Sr. Manager (Building) Mulund along with addenda/corrigenda to the tender documents so sold or issued, including the Notice Inviting Page 8

9 Tender (NIT), duly filled in the tenderer as prescribed in different clauses of the tender documents, signed, stamped and date affixed duly placed in an envelope Signature on all pages of the Tender documents: Tenderer should sign on all the pages of the tender documents and affix the firm s seal. All these documents including the Notice Inviting Tender (NIT) shall form part of the contract documents and therefore shall be resubmitted along with other documents in the tender envelope for Technical Bid. 13.LANGUAGE OF BID The bid prepared by the bidder and all correspondence and documents relating to the bid exchanged by the bidder and the purchaser shall be written in English language, provided that any printed literature furnished by the bidder may be written in another language but it is to be accompanied by an English translation of its pertinent passage(s) duly signed and verified as true English translation. The responsibility for the correctness of the translation will be solely and completely on the bidder and MTNL shall not be responsible for any loss/likely loss due to error in translation whatsoever. In such cases, for the purpose of interpretation of the bid, the English translation shall only govern 14.SIGNATUTRE IN TENDER DOCUMENT BY TENDERER. The bidder shall submit the tender only in the prescribed format issued to him for the purpose, duly completed and signed. All signatures in tender documents shall be dated, as well as the pages of all sections of tender documents shall be initialed at the bottom or signed wherever required in the tender papers by the tenderer before submission of tender. In case of Proprietary firm, the Proprietor should sign. In case of Ltd. Company, any of the Directors or Authorized signatory must sign the documents. The tender shall contain the name, place of residence and business of person or persons submitting the tender and shall be signed by the tenderer with his usual signature. Partnership firms shall furnish full name of all partners in the tender. It should be signed in the partnership s firms name by all the partners or by duly authorized representative followed by the name and designation of the person signing. A copy of constitution of the firm with names of all the partners shall also be furnished. Tender by a Public Sector Undertaking shall be signed by an authorized representative. 15.CORRECTIONS AND ERASURES: All corrections/additions/alterations in the quoted amounts/rebates etc. shall are signed in full by the tenderer with date. No erasures and/or overwriting are permissible. Page 9

10 If it is found that the tender is not submitted in proper manner or contains too many corrections or absurd percentage or amounts, it would be open to MTNL to reject the tender and/or to take any other action against the contractor as deemed fit. 16.Earnest Money Deposit or Bid Security: Tenders shall be accompanied by Earnest Money Deposit of Rs. 12,348 /- (Rupees Twelve Thousand Three Hundred forty eight only)..in the form of Demand Draft or Pay Order drawn in favor of MAHANAGAR TELEPHONE NIGAM LTD. MUMBAI and other documents specified in the tender schedules. The DD/PO shall be kept in the Envelope for Technical Bid. Tenders submitted without EMD shall be considered nonresponsive bid and shall be summarily rejected. EMD of unsuccessful bidders will be returned, not later than 30 days after the expiry of the period of the bid validity prescribed in this tender. 17.DOCUMENTS TO BE SUBMITTED IN TECHNICAL BID The intending tenderer shall submit the following documents: a) The contractor shall submit attested copies of registration certificates of (i) Service Tax (ii) EPF (iii) ESIC b) Attested copy of Income Tax Returns for the last 3 financial years. c) Documentary proof of turnover with attested copies d) Copy of latest Valid Labour Law Licence e) For Experience purpose,list of works completed and actual date of completion of the requisite magnitude along with attested copies of certificate, testimonials of their satisfactory completion from the department concerned obtained from an officer not below the rank of Sr.Manager/Executive Engineer or equivalent rank. f) The corresponding E.M.D of Rs. 12,348 /- as mentioned in previous paragraph. g) In case the tender form has been downloaded from website, separate Demand Draft or Pay Order for Rs.525/- towards the cost of the tender form. This DD or Pay Order shall be kept in a separate envelope and kept inside the Envelope for Technical Bid. 18.DOCUMENTS TO BE SUBMITTED IN THE FINANCIAL BID A Bid Form and Price Schedule completed in accordance with Clause No.20.2 below 19.VALIDITY OF TENDER BID. The bid for the work shall remain valid for a period of 150 days from the date of opening of tenders. A bid valid for a shorter period shall be rejected by MTNL as being non-responsive. In exceptional circumstances, MTNL 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 bidder may refuse the request without forfeiting his bid security. A bidder accepting the request and granting extension will not be permitted to modify his bid. Page 10

11 20. SUBMISSION OF TENDER The tenderer must submit his sealed tender on the prescribed tender form duly completed and signed by the tenderer with rubber stamp. Unsealed tenders are liable to be rejected. The tender is called for under Two Bid System. Therefore, there shall be two separate sealed inner envelopes, one for Technical Bid and the other for Financial Bid Documents in Technical Bid: The sealed envelope for Technical Bid shall contain all the bid documents, including the Tender documents issued by this office except the Financial Bid as per Annexure-IV. It should be superscribed as Technical Bid for House Keeping of Exchange buildings under the jurisdiction of DGM (Tech) Mulund Documents in Financial Bid: The sealed envelope for Financial Bid shall contain only Financial Bid and super-scribed as Financial Bid for House Keeping of Exchange buildings under the jurisdiction of DGM (Tech) Mulund Outer Main Envelope: Both the inner envelopes of Technical Bid and Financial Bid shall be kept in another bigger envelope and sealed with superscription Tender for House Keeping of Exchange buildings under the jurisdiction of DGM (Tech) Mulund The sealed envelope containing tenders shall be addressed to the Sr.Manager (Building) Mulund. The sealed envelope is to be dropped in the Tender Drop Box in the office of the Sr. Manager (Bldg&Mdf)MUL, Mulund Telephone Exchange Building, M.M.M Road Mulund (W) Mumbai up to date and time mentioned on page number 3 of NIT and Tenders will be opened by the Sr.Manager(Bldg)Mulund or his duly authorized representative in his office on the same day at Hrs. in the presence of the tenderers who wish to remain present If the tender form has been downloaded from internet, separate DD/Pay Order for Rs. 525/- towards the cost of the Tender Form shall be kept in a separate envelope, without the technical bid envelope. This is not refundable. This DD/PO shall be submitted separately and it should not be combined with the DD/PO for Earnest Money Deposit amount. 21.SEALING If the envelopes are not sealed as required at above clauses, the bid shall be rejected. 22.LATE BIDS Any bid received after the deadline for submission of bids shall be rejected and returned unopened to the bidder. 23.MODIFICATION AND WITHDRAWAL OF BIDS The bidder may modify or withdraw his/her bid after submission provided that the written notice of the modification or withdrawal is received by the Sr.Manager (Building) Mulund prior to the deadline prescribed for submission of bids The bidder s modification or withdrawal notice shall be prepared, sealed, marked and despatched as required within the time limits given in Clause No. 2 of NIT. A withdrawal notice may also be sent by FAX but followed by a signed confirmation copy to be delivered not later than the deadline for submission of bids. Page 11

12 No bid shall be modified subsequent to the deadline for submission of bids. 24.CORRUPT PRACTICES & CANVASSING STRICTLY PROHIBITED Any bribe, commission or advantage offered or promised by or on behalf of the tenderer to any officer or servant of MTNL shall, (in addition to any criminal liability which the tenderer may incur) debar his tender from being considered. Canvassing in any manner in connection with tenders is strictly prohibited. The tenders of the tenderers who resort to canvassing are liable to be rejected. 25. OPENING OF BIDS The main envelope and Technical bids will be opened in the presence of bidders or their authorized representatives who choose to attend, at 15:30 hrs on due date. A maximum of two representatives of any bidder shall be authorized and permitted to attend the bid opening. The bidder s representatives who are present shall sign in an attendance register. Authority letter to this effect shall be submitted by the bidders before they are allowed to participate in bid opening (A Format is given in Section Annexure-IX ). The date fixed for opening of bids, if subsequently declared as holiday by the MTNL, the revised date of schedule will be notified. However, in absence of such notification, the bids will be opened on next working day, time and venue remaining unaltered. Note: MTNL reserves the right to extend the date and time of opening of tender, in such case MTNL will shall pot an information on necessary website / news paper The financial bids of qualified bidders will be opened later for which date, time and venue will be intimated to qualified bidders. 26.SUBMISSION OF ORIGINAL DOCUMENTS BY THE SUCCESSFUL TENDERER MTNL will be at liberty to call for and verify the original of any document furnished by the successful tenderer either before awarding the work or at any time during the currency of the contract period. The contractor shall not dispute the right of MTNL to verify the original documents. Page 12

13 General (Commercial) Conditions of Contract 1.CONTRACT PERIOD The contract will commence from the date as per the letter of final acceptance of the tender and will be initially operative for ONE year. However MTNL is at liberty to close it earlier also and the contractor shall have no claim whatsoever against for closure of contract. The contract can be extended for a maximum period of one year and such an extension can be repeat orders of Three months at the discretion of MTNL, subject to satisfactory performance, on same terms and conditions. 1.(A) The MTNL reserves the right to increase or decrease of Area for Housekeeping at any time. The addition / reduction in amount will be worked out as per rates quoted by L1 bidder for Closed area, Open area, (per/sq.ft.) and Toilet. 1.(B) The MTNL reserves the right to cancel contract at any time by giving notice to vendor, if the performance is not satisfactory. The MTNL also reserves the right to award a work of house keeping in such situation to L2 bidder, if L2 bidder is agreed to do work satisfactory at the same rates quoted by L1 bidder. 2.SECURITY DEPOSIT The successful tenderer will be required to furnish a DD in favour of MTNL/ Bank Guarantee on the prescribed proforma from a Scheduled Bank within 15 days after award of work for a sum equal to 10% (Ten per cent) of the contract value. Earnest Money Deposit, already deposited by the Contractor shall be adjusted towards Security Deposit. The whole amount shall be retained up to a period of 6 months from the date of completion of contract /extension of contract if any or till the Expiry of Defect Liability Period or finalization of the bill whichever is later. In case of bank guarantee it should be valid for the period of 18 months from the date of contract. All compensation or the other sums of money payable by the Contractor under the terms of this Contract may be deducted from his Security Deposit or from any sums, which may be due to or may become due to the Contractor by MTNL. If the Contractor damages, breaks, or destroys or deface the property belonging to the MTNL or others during the execution of the Contract, the same shall be made good by the Contractor at his own expense and in default thereof, the Sr.Manager(Bldg)Mulund, MTNL may cause the same to be made good through other agencies and recover expenses from the Contractor for which the decision of the Sr.Manager, MTNL shall be final and binding. The contractor can submit Bank Guarantee for the above sum in lieu of the Security Deposit and all the above conditions will equally apply. 3.FORFEITURE OF SECURITY DEPOSIT In case the Contractor fails to complete the work, MTNL, without prejudice to other rights and remedies available under the contract, shall forfeit and encash the Security Deposit / B.G Amount in full and credit it to MTNL absolutely and is open to MTNL to get the work completed at risk and cost of contractor after issuing suitable notice to the contractor. Page 13

14 In case the bank which issued the Bank Guarantee goes in liquidation or for any reason is unable to make payment against the said Bank Guarantee, the loss caused thereby shall be borne by the Contractor. The Contractor forthwith, on demand from MTNL, shall make good the deficit. 4.CONTRACT & LABOUR LICENCE a) SIGNING OF THE CONTRACT: The successful tenderer shall be required to execute an agreement with the Sr.Manager(Bldg)Mulund, MTNL in the Proforma annexed to tender document, within 10 days of issue of letter of acceptance by the MTNL. In the event of failure on the party of the successful tender to submit the Security Deposit & sign the Agreement,as sated above, the Earnest Money will be forfeited. b) LABOUR LICENCE: The successful Tenderer shall obtain Labour License from Labour Commissioner for engagement of contract labour at Mulund Telephone Exchange and other RSU s Building and submit the same to Sr.Manager (Building) Mulund, before the commencement of the work. In case of any unforeseen problems, Sr.Manager (Building) Mulund may permit the work to commence provided the contractor undertakes to submit the required licence within one month of award of contract. In any case, payment of the bills to the contractor will be made only after the labour licence is submitted by the contractor. 5.SUB CONTRACT Sub-contract is not allowed. 6.MTNL EMPLOYEES OR THEIR RELATIVES The bidder should give a certificate that none of his/her near relative is working in the units as defined below where he is going to apply for the tender. In case of Proprietorship firm certificate will be given by the proprietor. For partnership firm certificate will be given by all the partners and in case of limited company by all the Directors of the company excluding Govt. of India/Financial Institutions nominees and independent non-official part time directors appointed by Govt. of India or the Governor of the state. Authorized signatory of bid may also sign this bid on behalf of the entire directors/ partners/ proprietor. Due to any breach of the above conditions by the company or firm or any other person the tender will be cancelled and bid security will be forfeited at any stage whenever it is noticed and MTNL will not pay any damage to the company or firm or the concerned person. The company or firm or the person will also be debarred for further participation in the concerned unit. The near relatives for this purpose are defined as: a) Members of a Hindu undivided family. b) They are husband and wife. The one is related to the other in the manner as father, mother, son(s) & son s wife (Daughter in law), daughter(s) and daughter s husband (son in law), brother(s) and brother s wife, sister(s) and sister s husband (brother in law). This Declaration shall be furnished in the format given in Annexure-V Page 14

15 No officer employed in Engineering or Administration duties in an Engineering Department of MTNL/BSNL/Govt. of India is allowed to work as a contractor for a period of two years from the date of his retirement from Govt. Service/MTNL/BSNL without the previous permission of the Government of India/MTNL/BSNL. This contract is liable to be cancelled, if either the Contractor or any of his employees is found, at any time, to be such a person, who has not obtained permission of the Govt. of India/MTNL/BSNL as aforesaid, before submission of the tender or engagement in the Contractor s service. 7. RIGHT OF MTNL TO ACCEPT OR REJECT TENDER: The right to accept or reject the tender will rest with the MTNL. The MTNL does not bind itself to accept the lowest tender and reserves its right to reject all or any of the tenders received without assigning any reason whatsoever. Tenders, which do not fulfill the conditions specified in the tender schedule, will be summarily rejected. MTNL, Mumbai 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 MTNL s action. MTNL reserves the right to reject tender bid of such of those firms/persons, who were approved contractors of MTNL but failed to carry out the works assigned to them by any one of the units of MTNL to the satisfaction of MTNL authorities, even though the firms/persons may be having satisfactory work completion certificate from other units of MTNL or any other organization. MTNL may waive any minor infirmity or non-conformity or irregularity in a bid which does not constitute a material deviation provided such waiver does not prejudice or affect the relative ranking of any bidder. Conditional tenders or tenders not accompanied by EMD/Bid Security will be rejected summarily. 8. RATES TO COVER. The rates quoted should be inclusive of all taxes except CENVAT-able taxes which should be shown separately. 9.TAXES FOR STATUTES: Pursuant to the Constitution (Forty Sixth Amendment) Act 1982, if any further tax or levy is imposed by Statutes, after the date of receipt of tenders, and the contractors there upon necessarily and properly pay such taxes/levies, the Contractors shall be reimbursed the amount so paid provided such payment, if any. The Contractor shall, within a period of 30 days of imposition of any further tax or levy, pursuant to the Constitution (Forty Sixth Amendment) Act 1982 give a written notice thereof to the Page 15

16 Sr.Manager, MTNL that the same is given pursuant to this condition together with all necessary information relating there to. 10.EVALUATION OF RATES IN TENDER DOCUMENT. Only responsive bids should be evaluated in detail. A responsive bid is a bid which satisfies following conditions of the bid documents: a) It meets all the major technical clauses. b) It meets commercial clauses. c) The offer is accompanied by a bid security deposit on the prescribed proforma indicated in the bid document and valid for 30 days beyond the validity of the bid. The validity of the bid as per current tender documents is 150 days from the date of bid opening. The Discount/rebates, if any, offered by the bidders shall not be considered unless specifically indicated in the price schedule. Bidders desiring to offer discount shall therefore modify their offers suitably while quoting and shall quote clearly net price taking all such factors like Discount, free supply, etc, into account. The percentages/amounts/rebates (if any) etc. quoted/written at place other than specified above shall not be considered. The amounts of contract shall remain fixed during the currency of the contract including extended period, if any, and shall not be subject to variation on any account except as provided at clause No. 9 above. Any bid submitted with an adjustable price quotation will be treated as nonresponsive and rejected. In case discrepancies are found between the amount quoted in words and figures or the amount shown in abstract, the following procedure shall be followed: When there is difference between the amount in figures and words, then the amount which corresponds to the amount written in words by the tenderer, shall be taken as correct. When the amount quoted by the tenderer in figures and words tally but the amount is found incorrect in total or in Abstract, the amount as arrived by totaling the individual items afresh, will be taken as correct. If the bidder does not accept the correction of the errors, his bid shall be rejected and the bid security (EMD) will be forfeited. The total CENVAT-able taxes like Service Tax shall be shown separately. The Tenders shall be evaluated on Net Cost to MTNL and the offer which works out to be the lowest after deducting service tax and any other CENVAT-able duties shall be considered lowest one. In case more than one tenderer quotes the same rate and if the same rate happens to be the lowest one (L-1), then the seniority of the tender bids will be decided based on the total of the turnover of Page 16

17 the firms during last three financial years viz., , and The bidder with the highest turnover will be treated as senior. 11. EARNEST MONEY DEPOSIT (BID SECURITY) 11.1 Pursuant to clause 16 of INSTRUCTIONS TO TENDERERS, the bidder shall furnish, as part of his bid, a bid security for an amount of Rs 12,348/- (Rupees Twelve Thousand Three Hundred forty eight only). ` 11.2 The bid security is required to protect MTNL against the risk of bidder s conduct, which would warrant the forfeiture of bid security pursuant to Clause 11.7 below The bid security shall be in the form of a Demand Draft or Pay Order issued by a scheduled bank in favour of MTNL Mumbai The bid not secured in accordance with Clause No.16 of INSTRUCTIONS TO TENDERERS shall be rejected by MTNL being non-responsive at the bid opening stage and returned to the bidder unopened The bid security of the unsuccessful bidder will be discharged as promptly as possible as but not later than 30 days after the expiry of the period of the bid validity The successful bidder s bid security will be discharged upon the bidder s acceptance of MTNL s Letter of Acceptance satisfactorily in accordance with clause 3 of General (Commercial) Conditions of Contract and furnishing the performance security The bid security may be forfeited: (a) (b) If the bidder withdraws his bid during the period of bid validity specified by the bidder in the Bid form or In the case of successful bidder, if the bidder fails: (i) to sign the contract in accordance with clause 4.a of General (Commercial) Conditions of Contract or (ii) to furnish performance security in accordance with clause 3 of General (Commercial) Conditions of Contract (c) In both the above cases, the bidder will not be eligible to participate in the tender for same item for one year from the date of issue of Letter of Acceptance The bidder will not approach the court against the decision of MTNL in this regard. 12.SUBMISSION AND PAYMENT OF BILLS The contractor shall submit his bills monthly along with the service report duly certified by the D.M.-Incharge of the site concerned (individual location) and counter signed by the Sr.Manager, MTNL, as per various clauses of Commercial condition to the effect that the work has been carried Page 17

18 out as per the scope of work and no amount is due to be deducted for non performance of the work as per the terms of the contract. The bill shall be submitted within one month of its falling due. In case of delay in submission of bill beyond one month, the reason for delayed submission should be given and the delay should be condoned by SM concerned if reasons are genuine. If the bill is not submitted within Two months of its falling due, the bill will not be normally paid. However the concerned DGM can condone the delay if satisfied with reason/justification. Along with the bill following documentes should be submitted. a) Copy of the EPF paid challen. b) Copy ESIC premium paid challen if due. c) Service report. d) Attendance records. e) PF number ( company registration and individual employee registration number) f) List of exact number of workers ( Name & address) Copy of salary register paid by the contractor to the employees. At the end of financial year contractor must submit 1) Copy of Yearly statement in form- 16 A ( EPF). 2 ) Reconciliation statement with date of submission to RPFC. 12.(A) Paying Authority :- Account officer ( Cash) E-II, O/o GM E-II, MTNL Mumbai. 13.SUSPENSION OF WORK. The Contractor shall, on receipt of the order in writing from Sr.Manager(Bldg)Mulund, MTNL, has to suspend the entire work or any part thereof for such manner as the Senior Manager, MTNL may consider necessary for any of the following reasons. a) On account of any default on the part of the Contractor to fulfill a condition of contract b) For improper execution of the Work or part thereof for reasons other than the default of the Contractor; or/and c) On account of any order/instructions of the Deputy General Manager MTNL or instructions issued by the Union Govt. of India or State Govt. of Maharashtra or any local authority like Municipal Corporation, CIDCO, MMRDA etc. or Court having direct bearing on the execution of work. For safety of the works or part thereof, the Contractor shall, during such suspension, proper protect and secure the Work to the extent necessary and carry out the instructions given in the behalf by the Senior Manager, MTNL, or/and Page 18

19 14.BREACH OF CONTRACT If the Contractor: i. Having been given by the Sr.Manager(Bldg)Mulund, MTNL notice in writing to rectify or replace any defective work or that the work is being performed in inefficient or otherwise improper shall omit to comply with the requirements of such notice for a period of seven days thereafter or ii. iii. iv. Has failed to commence the work or has suspended or work or has failed to proceed with the work so that in the judgment of the Sr.Manager(Bldg)Mulund, MTNL (which shall be final and binding) he will be unable to secure completion of the work by the stipulated date and continues to do so after notice in writing of seven days from the Sr.Manager(Bldg)Mulund, MTNL: or Commits default in complying with any of the terms and conditions of Contract and does not remedy it or take effective steps to remedy it within 7 days after a notice in writing is given to him by the Sr.Manager(Bldg)Mulund, MTNL; or Being an individual, or if a firm any partner thereof, shall at any time during the currency of the Contract is adjudged insolvent or having received an order for administration of his estate made against him under Insolvency Act for the time being in force or make any conveyance assignment of his effect or composition or arrangement for the benefit of his creditors or purpose so to do, or if any application be made under any Insolvency Act for the time being in force for the sequestration of his estate or if a trust deed being executed by him for benefit of his creditors; or v. Being a company, passes a resolution or the Court makes an order for the liquidation of affairs, or a receiver or manager on behalf of the debenture holders be appointed circumstances arise which entitle the /court or Creditors to appoint a receiver or manager which entitle the court to make a winding up order; or vi. Assigns, transfer, sublets or attempts to assign, transfer of sublet the entire work or any portion thereof without the prior written approval of the Sr.Manager(Bldg)MULUND, MTNL, then the Sr.Manager(Bldg)MULUND, MTNL may without prejudice to his rights against the Contractor in respect of any of the delay suspension due to inferior workmanship or otherwise or to any claims for damage in respect any breach of the Contract and in addition to any right or remedies under any of the provision of the Contract or otherwise and whether the date for completion has or has not elapsed, shall have powers to determine or rescind the Contract as aforesaid ( of which the termination/rescission notice in writing to the Contractor under hand of the Sr.Manager(Bldg)MULUND, MTNL shall be conclusive evidence). Upon such determination or rescission the Security Deposit of the Contractor shall stand forfeited and shall be absolutely at the disposal of the MTNL after giving notice to the Contractor to measure up the work of the Contractor and to take such part thereof as shall remain incomplete/unexecuted out of his hands and to give it to another contractor to complete in which Page 19

20 case any expenses which may be incurred in excess of the sum which would have been paid to the original contractor if the whole work had been executed by him (the certificate in writing of the Sr.Manager(Bldg)MULUND, MTNL for the amount which exceeds the amounts contracted for the unexecuted/imperfectly executed items shall be final and conclusive) shall be borne and paid by the original contractor and may be deducted from any money due to him under this Contract or on any other account whatsoever or from the Security Deposit and/or additional security deposit or the proceeds of sales thereof, or a sufficient part thereof as the case may be. In the event of any one or more of the above course being adopted by the Sr.Manager(Bldg)MULUND, MTNL the Contractor shall have no claim to compensation for any loss sustained by him by reason of his having purchased or procured any materials or entered into any agreement or made any advances on account or with a view to the execution of the work or the performance of the Contract. In case action is taken under any of provisions aforesaid, the Contractor shall not be entitled or be paid any sum for any work unless and until the Sr.Manager(Bldg)MULUND, MTNL has certified in writing the performance of such work and the value payable in respect thereof. 15.CONTRACTOR REMAINS LIABLE TO PAY COMPENSATION EVEN IF ACTION NOT TAKEN UNDER CLAUSE 14. In case, any of the powers conferred upon the MTNL by clause 14 thereof shall have become exercisable and the same had not been exercised, the non-exercise thereof shall not constitute a waiver of any of the conditions hereof. In the event of any case of default by the contractor for which, by any clause or clauses the contractor is declared liable to any compensation amounting to the whole of the security deposit and the liability of the Contractor for past and future compensation(s) shall remain unaffected. 16.FORECLOSURE/DEVIATION OF CONTRACT. If at any time after acceptance of the tender, the MTNL decides to abandon or reduce the scope of the Work for any reason whatsoever, the Sr.Manager(Bldg)MULUND, MTNL shall give notice in writing of the fact to foreclose or restrict the Contract, to the Contractor and the Contractor shall have no claim to any payment of compensation or otherwise whatsoever, on account of any loss or profit or advantage which he might have derived from the execution of the work. Further, the contractor shall not have any claim for compensation by reason of an alteration having been made in the original specifications and instructions which shall involve any curtailment of the work as originally contemplated. 17.TERMINATION OF CONTRACT ON DEATH. If the Contractor is an individual or a proprietary concern, and the individual or the proprietor dies and his successors express their inability to complete the remaining work or if the Contractor is a partnership concern and one of the partners dies and the firm is wound up as per partnership deed then the Sr.Manager(Bldg)MULUND, MTNL shall close the Contract for the uncompleted part without the MTNL being in any way liable for payment of any compensation to the estate of the deceased Contractor and/or to the surviving partners of the Contractor s firm on account of the closure of the Contract. In the event of such closure, the Sr.Manager(Bldg)MULUND, MTNL Page 20

21 shall not hold the estate of the deceased Contractor and/or the surviving partners of the Contractor s firm liable for damages for not completing the Contract notwithstanding other provisions of the Contract. 18.EXCEPTED RISKS (FORCE MAJEURE) If any time, during the continuance of this contract, the performance in whole or in part by either party of any obligation under this contract is prevented or delayed by reason of any war, or hostility, acts of the public enemy, civil commotion, sabotage, fires, floods, explosions, epidemics, quarantine restrictions. strikes, lockouts or act of God (Hereinafter referred to as events) provided notice of happenings, of any such eventuality is given by either party to the other within 21 days from the date of occurrence thereof, neither party shall by reason of such events be entitled to terminate this contract nor shall either party have any claim for damages against the other in respect of such non performance or delay in performance under the contract shall be resumed as soon as practicable after such an event may come to an end or cease to exist and the decision of MTNL as to whether the supplies have been so resumed or not shall be final and conclusive, provided further that if the performance in whole or part of any obligation under this contract is prevented or delayed by reason of any such event for a period exceeding 60 days either party may, at his option, terminate the contract 19.ADHERENCE TO GOVERNMENT REGULATIONS. The Contractor shall conform in all respect with the provisions of any National or State Statutes, Ordinances or Laws or any regulations or bye-laws or orders of any local municipal or other duly constituted authority which may be applicable to the job/work and with such rules, orders and regulations of such authorities and companies whose property rights are affected or may be affected in any way by the work and shall keep MTNL indemnified against all penalties and liability of every kind or breadth or any such Statute, Ordinance or Law, regulation order or byelaw. 20.CHANGES IN CONSTITUTION. Where the Contractor is a partnership firm, prior approval in writing of the Sr.Manager(Bldg)MULUND, MTNL shall be obtained before any change is made in the constitution of the firm. Where the Contractor is an individual or a Hindu Undivided family business concern such approval as aforesaid shall likewise be obtained before the Contractor enters into any agreement with other parties, when under the reconstituted firm would have the right to carry out the work hereby undertaken by the Contractor. If prior approval as aforesaid is not obtained, the Contract shall be deemed to have been assigned in contravention of clause 39 hereof and such action may be taken and the such consequences shall ensure as provided for in the said clause. 21.DEFECT LIABILITY PERIOD. The premises on which the Job/Work or any part of it is being executed, or if any damage shall happen to the Job/Work from any cause whatsoever or if any defect, appear in the Job/Work after completion and within Three MONTHS after the issue of the completion of contract arising out of defective or improper materials or workmanship, the Contractor shall, on receipt of a notice in Page 21