BHARAT SANCHAR NIGAM LIMITED for patrolling06022016.pdf · NIT-03 DE/OFC/PDI/BSNL/Cable/2015-16 Dated 06.02.2016 Signature and seal of the Tenderer Page 1 BHARAT SANCHAR NIGAM LIMITED

NIT-03 DE/OFC/PDI/BSNL/Cable/2015-16 Dated 06.02.2016

Signature and seal of the Tenderer Page 1

BHARAT SANCHAR NIGAM LIMITED [A GOVERNMENT OF INDIAENTERPRISE]

Office of the Divisional Engineer ,OFC Route WTR BSNL,Prabhadevi,

Telecom Bldg,8th floor,MTNL marg,Prabhadevi,Mumbai- 28 Office Phone No. 022/24370088.

No. NIT-03/ DE/OFC/PDI/BSNL/Cable/2015-16 Dated at Mumbai the 06.02.2016

NIT for outsourcing of patrolling by Motorcycles for guarding and protecting the Optical fibre

cable working under DE OFC route Prabhadevi Division.

--------------------------------------------------------------------------------------------------------------------------

SECTION 1 NOTICE INVITING TENDER

Wax/PVC packing tape Sealed Tenders are invited by the Divisional Engineer ,Route WTR,Kalyan for and on behalf of the Bharat Sanchar Nigam Limited from reliable and experienced contractors, who have completed trenching of OFC OR similar nature of civil (earth excavation)works in any Department or PSU of Govt. of India or State Govt. or Licensed Private Telecom Service Providers, for the outsourcing of patrolling by Motorcycles

for guarding and protecting the Optical fibre cable working under DE OFC route Prabhadevi

Division.

The details of the tender can be had from this office at above address or from web site

http://www.wtr.bsnl.co.in/tender.htm Venue for sale, submission & opening of tender

At the Office of the Divisional Engineer ,OFC Route WTR BSNL,Prabhadevi, Telecom Bldg,8

th floor,MTNL

marg,Prabhadevi,Mumbai- 28 Office Phone No. 022/24370088.

Time & date for Acceptance of Tender Document

Time and date of Technical Bid opening

Time and date of Financial Bid opening

Cost of the tender

During office hrs from 06.02.2016 up to 15.00 Hrs 02.03.2016

15.30 Hrs. Of 02.03.2016

15.30 Hrs. of 07.03.2016

Rs. 570/-. Non refundable.

Tender documents will only be issued from 06.02.2016 to 01.03.2016 during office hrs.on production of the following:



• Request application in original signed by the authorized person of the firm with original letter of authority along with the cost of tender form in the form of D.D. to be drawn on any Nationalized/ Scheduled Bank in favour of BSNL IFA WTR Mumbai payable at Mumbai

• Tender form can also be downloaded from http://www.wtr.bsnl.co.in/tender.htm, but will be accepted

only if cost of tender form in form DD is enclosed separately in envelope -I .The D.D. (Tender cost) should be valid for at least 90 days from the date of Financial bid opening of NIT.

ELIGIBILITY CRITERION FOR CONTRACTORS:Experienced contractors, who have completed trenching of OFC OR similar nature of civil (earth excavation)works in any Department or PSU of Govt. of India or State Govt. or Licensed Private Telecom Service Providers

• Experience Certificate:The copy of Experience certificate issued by the competent authority duly signed authority not less than Executive Engineer/Divisional Engineer/Sr. Manager.Bidder should have experience in relevant field [Earth work cable laying(Power/telephone/OF) OR water/gas pipe laying] at least one work of 75% value(Rs. 70,727/-) of estimated cost during the last 3 years. The work executed must be done for

Central Govt/State Govt/PSU of Centre or State OR any private telecom company. • Financial Turnover:Copy of Lastest income tax return certificate certified by CA indicating no dues

pending towards IT.Turnover for past year should not be less than Rs 94303/-

• Certified Copies:Tenderer shall enclose the following testimonials duly attested (a) PAN Card (b) Service Tax registration certificate (c) EPF, ESIC and LabourLicence Registration certificate

Details of WORK and EMD: Outsourcing for patrolling by Motorcycles for guarding and protecting the Optical fibre cable

working under DE OFC route Prabhadevi Division.

Section Locations Total Kms petrolling per day Est. total

cost Rs. EMD Rs. Time

Limit Performan

ce Security

Rs.

Dahisar-Talasari

Dahisar-Virar,Virar-Manor,Manor-Charoti and Charoti-Talasari

220 kms. 94303/- 1886/- 1 Year 9430/-

The total estimated cost includes,providing of four Motor cycles with four unskilled labours for two months for

petrolling work. Rates should be quoted only on percentage basis on standard scheduled rates.

• TENDERER SHOULD SUBMIT TWO SEPARATE COVERS FOR EACH WORK.

• Bid Security (Earnest Money Deposit) must be in the form of Demand Draft/Fixed Deposit from any

nationalized / scheduled Bank in favour of BSNL IFA WTR Mumbai payable at Mumbai. Bid Security

should be placed inside envelope -I. Bid Security must be separate for each tender. The DD/FD should be valid for at least 90 days from the date of financial bid opening of NIT.

• Tenderers are instructed to examine worksite themselves at their own cost and quote accordingly.

• Tenderer may deposit the tender form in the tender box kept at O/o Divisional Engineer Telecom, OFC Maintenance, WTR, Prabhadevi.

• Wherever necessary, obtaining permission for trenching and pipe laying work etc. from Forest Department / NHAI/Railway crossing/PWD/Municipality/Local bodies or any other such entity, will be the responsibility of the successful contractor. Any charges towards permission such as reinstatement charges etc., if required to be deposited to the concerned authority shall be borne by BSNL against receipt of necessary/required demand notes from the authority. In this regard, the bidder has to follow the instructions given in various clauses of tender document. This contract is subject to jurisdiction of Hon’ble High Court at Mumbai only.



The request for issue of tender forms by post will not be considered but tender shall be accepted by post. This office will not be responsible for delay, loss or non-receipt of documents sent by post or by any other agencies. The DGMM WTR, Mumbai reserves the right to reject any application to issue the blank tender form or to reject any or all tenders without assigning any reason whatsoever and he is not bound to accept the lowest tender. If any Government Holiday happens to be on the date of opening of tender, the same will be opened on next working day at the same time without further notice and if the holiday happens to be before date of tender opening, the tender will be issued on last day of working before the date of tender opening. However, the tender can be down loaded from WTR website until last day before the date of tender opening. Sd/- DIVISIONAL ENGINEER, OFC Route, WTR Prabhadevi Mumbai. Copy to :

1. The PGM Mtce, BSNL WTR, Mumbai.

2. The Jt.GM Mtce WTR, BSNL, Mumbai/Pune/Nagpur/Thane

3. The Accounts OfficerO/o DGMM, BSNL, WTR Mumbai

4. The DE (OFC), BSNL WTR– FTNII/PDI/Kalyan Route.

5. Tender Copy.

6. Notice Board.



TABLE OF CONTENTS Serial SECTION Content Page

1 I

Notice Inviting Tender 1

2 II Bid Form 13

3 III

Bidder’s Profile and certificate of near

relatives 14

4 IV Instruction to Bidders 18

5 V

General (Commercial) Conditions of the

Contract 30

6 VI Special Conditions of Contract 52

7 VII Scope of work and Jurisdiction of Contract 10

8 VIII

Performa for Agreement Form and

Performance security bank guarantee. 57

9 IX

Letter of Authorization for attending Bid

Opening 59

10 X

List of documents to be Submitted along

with Bid 60

11 XII Bid documents Financial Bid (A) 7 & 8

12 XIII Financial Bid (B) 9

13 XIV Schedule of Rates 10



BHARAT SANCHAR NIGAM LIMITED

(A Govt. of IndiaEnterprise)

Jt. GENERAL MANAGER, MAINTENANCE,

MUMBAI

TECHNICAL BID

TENDER DOCUMENT

FOR



_____________________________________________________________


Office of the Divisional Engineer ,OFC Route WTR BSNL,Prabhadevi, Telecom Bldg,8th floor,MTNL Marg,Prabhadevi,Mumbai- 28

Office Phone No. 022/24370088.



LIST OF THE DOCUMENTS TO BE SUBMITTED ALONG WITH QUALIFYING BID

The tendered will have to summit the following documents/deposits with the Technical Bid. Any bid not accompanying the below mentioned documents/deposits will be liable to be rejected ;

Sl. No.

Particulars If submitted

please ( X) mark

1 Bid Security (EMD) in accordance with the Bid document.

2 Bid document(s), in original, duly filled in and signed by Bidder or his authorized representative along with seal on each page. All corrections and overwriting must be initialed with date by the Bidder or his authorized representative.

3 The copy of Exprience certificate issued by the competent authority duly attested by a gazette officer.

4 PAN Card and Copy of Latest income tax return certificate certified by CA

5 The Authenticated copy of partnership deed in cases of partnership firm as the case may be.

6 Tender cost(if downloaded from Internet)

7 Bid Form, duly filled in, as per section II.

8 Bidder's profile duly filled in, as per section III of the Bid document.

9 Original "Power of Attorney" In case person other than the Bidder has signed the Bid documents.

10 List of qualified experienced personnel, who are working for the Bidder, who will be deployed for the work.

11 The copy of EPF, ESIC, Labour Registration certificate issued by competent authority duly attested by a gazetted officer.

12 Service tax registration

Attested copies of all required documents as per NIT/Sec XII should be submitted alongwith Qualifying Bid.



SECTION XII

Bid Document

FINANCIAL BID (A) and (B)

FOR

Optical Fiber Cable construction works



_____________________________________________________________


Office of the Divisional Engineer ,OFC Route WTR BSNL,Prabhadevi, Telecom Bldg,8th floor,MTNL Marg,Prabhadevi,Mumbai- 28

Office Phone No. 022/24370088.



COVER II SECTION XIII FINANCIAL BID (A)




Rate should be quoted on percentage basis on Schedule of Rates enclosed in Section XIV

In figures : ________________________ % In words : _____________________________________________________ percent

OR

In figures : ________________________ % In words : _____________________________________________________ percent OR In figures : ________________________ % In words : _____________________________________________________ percent

Strike out other two which are not applicable. Please Note:1.Payment will be made on actual quantity of work done as per the site condition. 2. Rates are inclusive of all taxes and duties excluding Service Tax

Date: Signature of Bidder----------------------

Name of Bidder--------------------------

ABOVE

AT PAR

BELOW



COVER II SECTION XIII FINANCIAL BID (B) No. NIT-03/ DE/OFC/PDI/BSNL/Cable/2015-16 Dated at Mumbai the 06.02.2016

Details of Works to be undertaken by contractor

Tender for outsourcing of patrolling by Motorcycles for guarding and protecting the Optical

fibre cable working under DE OFC route Prabhadevi Division.

Task Duration No of man-

power

Rate in

Rs.

Expenditure

per day (Rs)

Expenditure

per month

(Rs)

Patrolling work from 11.00

AM to 6.00 PM simultaneously

in 30 KM stretchs. 8HR 4 236.0 944 28320.00

Patrolling vehicles

(4 motorbikes ) 8HR

4

motorbikes 14045.00

Mobile phone 500.00

Total per month 42865.00

Total for 2 months 85730.00

Contractor Margin 10% 8573.00

TOTAL 94303.00

Service Tax Extra as applicable.

Note : The Scheduled Rates by the BSNLappiles for this tender only although revised at a later date during currency of the tender.

Tender Document No. ................................................

Issued on....................................................



SECTION VII SCOPE OF WORK AND JURISDICTION OF CONTRACT

The detailed scope of work is as under:

1. Preventive Maintenance:

1.1 The primary focus is to avoid the occurrence of OFC cuts with intensive patrolling and

surveillance along the OFC routes.

1.2 Contractor has to keep good rapport and co-ordination with the all Government and Non-

Government bodies/ authorities and also farmers/ land owners to collect their plan of activities for

the routes, which may prevent damages to the OF Cables.

1.3 There shall be one patrolling team per distances up to 110Km cable route of Dahisar-Virar,Virar-

Manor, Manor-Charoti and Charoti-Talasari 12F and 24F, for patrolling. Route length shall be

in physical road length (to and fro) and not OFC length. The exact route length shall be

ascertained by the Contractor after conducting a Joint inspection /Survey. The Contractor shall

deploy the following manpower along a route of 110 Km for patrolling:

a) 4 Nos. of Patroller with Motorcycle.

1.4 Contractor shall arrange trained personnel to replace any regular member of the patrolling team

who may be absent on grounds of sickness / leave / emergency or as the case may be. Under no

circumstances shall any stretch of the OFC route be left un-patrolled on any grounds whatsoever.

Penalty shall be levied on prorata cost of person and vehicle.

1.5 The Patroller of the Contractor has to patrol entire section at least once in a day preferably from

11:00HRS to 19:00HRS, on daily basis, for all the 7 days of the week, irrespective of Sundays/

holidays. However the contractor shall carryout the additional patrolling whenever it is necessary

as per the actual site conditions, based on requisition from signed not below DET. Extra charges

shall be paid which are arrived on pro-rata basis. The patrolling timings shall vary as per the

actual requirements. The patrolling team have to be vigilant in respect of OF routes mainly where

NFS works are in progress and additionally for MSEB/Water Works/PWD road expansion /

NHAI construction activities are in progress.

1.6 The patrolling team shall be available on 8 hours basis on all the days in a week. Daily LOG

SHEET of persons patrolling routes alongwith their Mobile phone numbers shall be

Emailed/physically delivered to O/o DE Route Prabhadevi by 10:00HRS everyday.

1.7 The information about any potential activity that may cause damage to OFC along the route may

be delivered by sms/call/email to DE Route Prabhadevi/ SDE Route Prabhadevi

1.8 Everyday the patrolling team shall call from predetermined landline telephone numbers en-route

to the designated officer of BSNL, for informing that the patroller has reached the locations and

also to brief the events noticed during patrolling.



1.9 While patrolling, the patroller has to keep a close watch on the OFC as well as activities going

on around it and make all necessary observations.

1.10 The work completed daily log sheet should be Test Checked at least:

Twice in week by JTO; Once a week by SDE; Twice in a month by DET

The Contractor shall be constantly in touch with the following authorities so as to update himself

with the proposed works that may be executed by them in near future. The Contractor shall

safeguard BSNL OFC against any signs of damage or potential damages, which is required to

avoid OFC cuts that may arise during the execution of works by those authorities / agencies. The

Contractor shall suitably inform to take suitable precautionary steps in consultation with

designated officer of BSNL ahead of time, such as shifting,re-routing of OFC either

underground or overhead, providing additional protection to the existing alignment etc. The

present activities of NFS works executed on this route is likely to cause damages to 12F and

24F OF cable. The patrollers should keep keen watch on their activity Further the following

agencies may also be considered which are as under:-

i) National Highway works such as widening of roads, embankment works, major bridge, sub-way,

Flyover, culvert works and tar melting work on the cable routes, which may cause damage to the

cable.

ii) State Highways, R&B Departments as mentioned above.

iii) Water Supply Department works may trench on our cable route and as such extreme care is to be

taken.

iv) Railway department works such as construction of over bridges / under bridges, etc.

v) Forest department works, such as plantation / removal of trees on the cable routes, which may cause

damage to cable.

vi) Electricity board works like trenching on our cable routes, erection / removal of electricity boards

posts on cable routes, etc.

vii) Other Telecom Operators activities like trenching, HDD (Horizontal Directional Drilling), erection of

Telegraph posts etc., and the like by other local telephone / BSNL working parties.

viii) Any and all Central / State / District / Municipal / Local / Panchayat / Political Authorities / Agencies /

Bodies, etc.

ix) Putting up of pandals, by social organizations in connection with the visit of VIP meetings and

functions.

x) Digging wells / pump sets by private parties near the brim of the Highways.

xi) Works carried out like storm water drain, diversion of rain water on the Highways concerned, by

Village Panchayat and Municipal Authorities of the area.

xii) Excavation / Renovation work being undertaken by private land owners through which BSNL OFC is

passing.

1.11If the Patroller observes that work is being carried out in and around the OFC route alignment

by any Contractor / Individuals, he must take charge of the situation, take possible preventive

action immediately and inform the designated officer of BSNL. Under OFC Link cut

condition the following activities shall have to be taken up by the contractor for the

restoration of OFC cut fault which will be informed either to contractor or superintendent

telephonically by Engineer-in-charge (SDE/JTO)



1.12 COST OF WORKS: The estimated cost of work is as mentioned in the Notice Inviting Tender, which has been

worked out based on standard scheduled rates mentioned in this tender document. The actual value of work may vary

based on the actual requirement but generally being limited to plus or minus 25% of the indicated/reflected value in

tender.

1.13 Contractor will be fully responsible for any road accident occurred during patrolling work. BSNL is not responsible

for any accident or any claim against accident.

1.14 If Contractor fails to supply petrolling person with motorbike the penalty on pro-rata basis per day will be deducted

from the bill of the contractor.

JURISDICTION OF CONTRACT

The jurisdiction of DET OFC Route Mumbai covers the part of Kalyan SSA,Part of Palghar,Thane and Mumbai Suburban District.

(End of Section VII)



SECTION II

BID FORM

NIT No.:……………………………………………………………. Date of NIT: …………………………

Tender No. (As per NIT) ____________

Section No. (As per NIT)________________________________

Section Name (As per NIT):______________________________

To

The DET OFC Route WTR BSNL Prabhadevi, Mumbai-28

__________________________________

Dear Sir,

Having examined the conditions of contract and specifications including addenda NO….......... the receipt of which is

hereby duly acknowledged, we, undersigned, offer to execute the work of Optical Fiber Cable Construction Work in

conformity with said drawings, conditions of contract and specifications as may be ascertained in accordance with the

schedule of prices attached herewith and made part to these Bid.

We undertake, if our Bid is accepted, we will execute the work in accordance with specifications, time limits and

terms and conditions stipulated in Bid document.

If our Bid is accepted, we shall submit the securities as per the conditions mentioned in the contract.

We agree to abide by this Bid for a period of 240 days from the date fixed for Bid opening (Qualifying Bid) and it

shall remain binding upon us and may be accepted at any time before the expiry of that period.

Until a formal Agreement is prepared and executed, this Bid together with your written acceptance thereof in your

notification of award shall constitute a binding contract between us.

Bid submitted by us is properly sealed and prepared so as to prevent any subsequent alteration and replacement.

Dated this ................ day of.............. (The Year)

Signature of Authorized Signatory…………..................………

Name of authorized signatory…………………….……………………….

In capacity of …………….................................………….

Duly authorized to sign the bid for and on behalf of ………………......................................…..

Witness……………..



Address……………..

Signature…………….

SECTION III

A. BIDDER’S PROFILE

General:

1. Name of the Bidder/ firm …………………………………………….

2. Name of the person submitting the Bid whose photograph is affixed

Shri/Smt. ……………………………………………………………..

(Bid shall be signed by the bidder or a person or persons duly "'authorized to bind the bidder to the contract. The

letter of authorization shall be indicated by written power-of-attorney accompanying the bid. Tenderer will submit

the attested copy of the PAN card / Election Commission I-Card / Passport of the proprietor or the authorized

signatory in case of proprietor/ partner/ director is not signing the tender document. The tender is liable to be

rejected if the signature and photograph do not match with the photograph affixed and the signature made in the

tender documents. In case PAN card is not attached, copy of Income Tax Return should be submitted. Photograph

and Signature of the authorized signatory should be duly attested by the proprietor or the partner/ Director.)

3. Address of the firm ..........................................................................................

..........................................................................................

..........................................................................................

…………………………………………………………..

4. Tel no. with STD code (O)…...........……… (Fax)……….......………. (R)……............……

5. Registration & incorporation particulars of the firm:

i) Proprietorship

ii) Partnership

iii) Private Limited

iv) Public Limited

(Please attach attested copies of documents of registration/ incorporation of your firm with the competent authority

as required by business law)

6. Name of Proprietor/Partners/Directors………………………………………………………

…………………………………………………………

…………………………………………………………

…………………………………………………………

Passport size photograph of the Bidder/authoriz

edSignatory holding power

of Attorney



7. Tenderer’s experience certificate details (if any)

S

No

Name of the department/

company, which has issued

certificate

Name & Designation of

certificate issuing authority

Telephone number of

certificate issuing

authority

Amount in Rs. as

per certificate

Total:

(An attested copy of the Experience Certificate may please be enclosed)

8 Bidder’s bank, its address and his current account number ............………………………………

………………………………………

............................................................

9 Permanent Income Tax member, Income Tax circle .………...................…………………

(Please attach a copy of last income tax return) ………………………………………

(Please give details in Sl. No. 10 to 12, if applicable)

10 Service Tax registration no. ……………………………………………………………………………

11 EPF, ESICandLabourRegistration No……………………………………………………



12 VAT/ TIN Registration No…………………………………………………………………………….

13. Details of Technical and supervisory Staff:

I/We hereby declare that the information furnished above is true and correct.

Place:

Date:

Signature of Bidder/Authorized signatory........................................................

Name of the Bidder...........................................................................................

Seal of the Bidder

Note:-All information should be filled by the contractor



B. CERTIFICATE REGARDING NEAR RELATIVES

(See Section IV clause A.1.u)

“I …………………………………………………….. S/o…………………….… …….…….......................................

resident of ………………………… hereby certify that none of my near relative(s) and none of near relative(s) of

proprietor/ partner(s)/ director(s) of company is/ are employed in BSNL unit as defined in the tender document at

clause A.1.u of section IV. 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”.

SIGNATURE OF BIDDER: _____________________

NAME OF BIDDER: __________________________

CERTIFICATE

(FOR DOWNLOADING OF TENDER DOCUMENT FROM WEB SITE)

“I……………………………………….(authorized signatory) hereby declare that the tender document submitted has been

downloaded from the website” http://www.wtr.bsnl.co.in/tender.htm and no addition / deletion / correction has been made

inthe proformadownloaded.If any text of this NIT, is found out by BSNL, to be deliberately

inserted/corrected/deleted,BSNL reserves full right to cancel my tender and impose penalty such as forefeiture of

SD/EMD/Additional Penallty. I also declare that I have enclosed a DD forRs……………………………….towards the

cost of tender document along with theEMD.

Place:…………………………… Signature of tenderer/AuthorizedSignatory……………………….

Date : ………………………….. Name of the Tenderer…………………………………………………

Seal of the Tenderer

DECLARATION

(FOR EPF, ESIC&Misc provisions Act 1952) I --------------------------------------------(name of the contractor/agency) herebydeclare compliance towards conditions of the

EPF and Misc provisions Act 1952 andauthorize BSNL to recover any payment that arises due to failure to comply with

anyof the Labour legislations and statutory conditions viz., Labor, EPF,ESIC etc., or anyother acts dealing with the same

and all other acts mentioned in the tender document.

Place:…………… …………. Signature of tenderer/Authorized Signatory……………………….

Date: ………………………….. Name of the Tenderer…………………………………………………



Seal of the Tenderer

Section IV

Instructions to Bidders A. INTRODUCTION:

1. DEFINITIONS

a. Bharat Sanchar Nigam Limited: The Bharat Sanchar Nigam Limited means the Bharat Sanchar Nigam

Limited and its Board of Directors.

b. BSNL: The BSNL means the Bharat Sanchar Nigam Limited under the Ministry of Communications and

Information Technology, which invites the Bids on behalf of the Bharat Sanchar Nigam Limited. All

references of:

BSNL

Chief General Manager Maintenance

Sr. General Manager Maintenance

Deputy General Manager Maintenance

Divisional Engineer Maintenance

Sub Divisional Engineer

Junior Telecom Officer

Accounts officer

Assistant Accounts Officer

Junior Accounts Officer

Including other officers in the BSNL, whatever designations assigned to them from time to time, who may

be the In-charge of direction, supervision, testing, acceptance and maintenance including their successor(s)

in the office appearing in various clauses shall be taken to mean the Bharat Sanchar Nigam Limited under

the Ministry of Communications and Information Technology, Govt. of India.

c. The Jt. G.M. Maintenance means the Head of Maintenance Area and his successors.

d. The jurisdiction of the Dy. G.M. Maintenance: The jurisdiction of the Dy. G.M. Maintenance means

geographical area under his control, wherever he/she is working.

e. Representative of the DGM Maintenance: Representative of the DGM Maintenance means Officer and

staff for the time being in the DGM MaintenanceArea deputed by the DGM Maintenancefor inspecting or

supervising the work or testing etc.

f. Engineer– in – charge: The Engineer – In – charge means the Engineering Officer nominated by the BSNL

to supervise the work, under the contract, (Divisional Engineer Level Officer).

g. Site Engineer: Site Engineer shall mean an SDE or JTO of the BSNL who may be placed by the DGM

Maintenanceas in- charge of the work at site at any particular period.

i. Contract: The term contract means, the documents forming the Bid and acceptance thereof and the formal

agreement executed between the competent authority for and on behalf of the Bharat Sanchar Nigam

Limited and the contractor, together with the document referred to therein including these conditions, the



specifications, designs, drawings and instructions issued from time to time, by the engineer-In-charge and all

these documents taken together shall be deemed to form on contract and shall be complementary to one

another. In the contract, the following expressions shall, unless the context otherwise requires, have the

meanings, hereby respectively assigned to them. 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 works by or by virtue of the contract contracted to be executed whether temporary of permanent, and

whether original, altered, substituted or additional.

j. Contractor: The contractor shall mean the individual, firm or company, whether incorporated or not,

undertaking the works and shall include the legal personal representative of such individual or the persons

composing such firm or company, or the successors of such firm or company and the permitted assignees of

such individual, firm or company.

k. Work: The expression “works” shall unless there be something either in the subject or context repugnant to

such construction, be construct and taken to mean the works by or by virtue of the contract contracted to be

executed whether temporary or permanent and whether original altered, substituted or additional.

l. Schedule(s): Schedule(s) referred to in these conditions shall mean the relevant schedule(s) or the standard

schedule of rates mentioned in the document.

m. Site: The site shall mean the land/or other places on, into or through which work is to be executed under the

contract or any adjacent land, path or street through which, the work is to be executed under the contract or

any adjacent land, Path or street which may be allotted or used for the purpose of carrying out the contract.

n. Normal time or stipulated time: Normal time or stipulated time means time specified in the work order to

complete the work.

o. Extension of Time: extension of Time means the time granted by the BSNL to complete the work beyond

the normal time or stipulated time.

p. Date of Commencement of Work: Date of Commencement of work mean’s the date of actual

commencement of work or 15th

day from the date of issue of work order, whichever is earlier.

q. Due date of completion: Due date of completion shall be the date by which the work shall be completed in

all respect at site including clearance of site.

r. Duration of completion of work: The duration of completion of work or completion time shall be time

specified in the work order plus extension of time granted, if any.

s. Excepted risk: Excepted risk are risks due to war (whether declared or not), invasion, act of foreign

enemies, hostilities, civil war, rebellion, revolution, insurrection, military or usurped power, any acts of

BSNL damages from aircraft, other causes over which, the contractor has no control and the same having

been accepted as such, by the Accepting Authority or causes solely due to use or occupation by the BSNL of

the part of the work, in respect of which a certificate of completion has been issued.

t. Near Relative: -

The near relatives of all BSNL Employees either directly recruited or on deputation are prohibited from

participation in tenders and execution of works in the different units of BSNL. The detailed guidelines in this

regard are given in the following paragraphs: -

i) The near relatives for this purpose are defined as:

(a) Members of a Hindu Undivided family,

(b) They are husband and wife,

(c) The one is related to the other in the manner as father, mother, son (s) & son’s wife (daughter-

in-law), Daughter(s), & daughter’s husband (son-in-law), brother(s) & brother’s wife, sister(s)

& sister’s husband (brother-in-law).



ii) As per Government of India’s CCS Conduct rule 4, no Government servant shall in the discharge of

his official duties deal with any matter or sanction any contract to any company or for any other

person if any member of his family is employed in that company or firm or under that person or if

he or any member of his family is interested in such matter or contract in any other manner and the

Govt. Servant shall refer every such matter or contract to his official superior. This clause is

applicable to all BSNL employees and in view of this as soon as any BSNL employee becomes

aware of the above aspect, he must intimate this to the prescribed authority. For non-executive

employees this authority is SSA Head / Circle Head / Chief Engineer / Chief Arch. / Corporate

office under which he is posted. For executive employees (at present some of them are called as

Gazetted officers) the prescribed authority for this purpose is Circle Head / Chief Engineer / Chief

Archt. / Corporate office under which he is posted.

iii) (a) The Company or firm or any other person is not permitted to tender for works in BSNL Unit

in which his near relative(s) is (are) posted. The unit is defined as SSA/Circle/Chief

Engineer/Chief Archt. / Corporate Office for non executive employees and all SSA in a

circle including circle office/Chief Eng. /Chief Archt /Corporate office for executive

employees (including those called as Gazetted officers at present. The tenderer should give a

certificate that none of his/ her such near relative is working in the units as defined above

where he is going to apply for tender/ work. Any breach of these conditions by the company

or firm or any other person, the tender/work will be cancelled and earnest money/security

deposit will be forfeited at any stage whenever it is so noticed. The department will not pay

any damages 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.

(b) The format of the certificate to be given is “I

……………………..S/o……………….…….......………………………..resident of

…………………………………… hereby certify that none of my near relative(s) and none

of near relative(s) of proprietor/ partner(s)/ director(s) of company is/ are employed in BSNL

unit as defined in the tender document at clause A.1.u of section IV. 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”.

v. “Extra work”as used herein means any work or compliance with any requirements, other than a change,

which is not. Expressly or impliedly contemplated by the contract documents, and which is necessary to be

performed for the proper completion of the contracted work. For the purpose of clarification, it is declared that,

any work or operation which shall be necessarily incidental to the proper performance of any item of work or

part there of shall be deemed to have been by implication provided for in the relevant item of work or part

thereof and shall not constitute extra work.

2.1 ELIGIBILITY OF BIDDERS: - The invitation of bids is open to all contractors as per their “Eligibility Conditions

for contractors” mentioned in NIT of this Bid document. The Contractors/ Firms blacklisted (i.e. Debarred for taking

works) by BSNL or other Government Agency for taking works in BSNL shall not be eligible for the duration of

their blacklisting. If the bidder hides the fact of being blacklisted than it shall be considered as fraud to a

Government Agency i.e. BSNL. If at later stage, it is found that the bidder has got contract hiding this fact than the

award of contract shall be rescinded and the work shall be got done from other agency at the risk & cost of the

bidder. The contractor shall not be eligible for any payments on account of this. If the work has not been started than

the EMD shall be forfeited.

If at the later stage, it is found that any document submitted by bidder with the bid or agreement is fake or tempered

then the award of contract shall be rescinded and the work shall be got done from other agency at the risk & cost of

the bidder. The contractor shall not be eligible for any payments on account of this. If the work has not been started

then the EMD shall be forfeited.

2.2 The Contractor must read carefully all the terms, conditions and specifications before filling up the Bid schedule and

his quotation. 'Clause' No. is indicated before each 'Title'. Tenderers are requested to get wellversed with the tender

conditions/ guidelines written hereunder. Those tenderers whocannot read English may get it translated at their own

risk, in a language known tothem and understand the conditions. Any clarification required can be had from

theDivisional Engineer concerned, in whose division the tender is called, who is theauthorized representative of the



“BSNL”, or the Sub Divisional Engineers or any otherofficer/ official working with him, who may be authorized by

him to supervise andoversee the work on his behalf. Time along with quality of work is the essence of this

contract. 2.3

2.4 EXAMINATION OF WORKSITE BY BIDDER/CONTRACTOR:

2.4.1 The prospective tenderers are advised to make a detailed survey of the sections and location for which they

are quoting their rates in this tender. The tender shall investigate fully all hazards and safeguards against

them. The responsibility of getting way leave permission (Right of Way), from the highway and all concerned

authorities, within one month of issue of Letter of Intent (LOI), rests with the contractor, for which no

additional payment will be made. However, the restoration charges will be paid by BSNL to the road

authorities, on submission of estimate, if it is at standard rates. Therate quoted shall include all those factors

into consideration. 2.4.2 It is implied that the Bidder/Contractor has inspected the site and satisfied himself as to the natures, locations

of general and local conditions particularly those bearing upon transportation, handling and storage of

materials, including the surface strata, the soil, sub soil, the surrounding, the nature and magnitude of work

and ascertained the availability of power, water, roads and accommodation and also obtained all necessary

information directly or indirectly affecting the work such as legal stipulation, possible delays and hindrance

or interferences in executing the work, uncertainties of weather, river, stages or similar physical conditions of

the site, the confirmation and conditions of the ground, the character of equipment and facilities needed

preliminary to and during the execution of the work and all other matter which can in any way affect the work

or the cost there under this contract, before making the offer, so that the rates quoted take all factors into

consideration. The specifications for the entire work are to be read together and not in isolation.

2.4.3 The Bidder cannot rely on his ignorance of matters such as defects in soil nor any implied warranty by

the employer viz. Divisional Engineer that the quantities, plans and specification stipulated in this Bid

Document are accurate or that the work is feasible of performance in the manner set out in the

invitation to Bid. Moreover, work or materials incidental to execute this contract are not 'Extras'.

2.4.4 The site data relating to type of soil in the section at various stretches as assessed by the BSNL is given in the

NIT. It must be noted that this is only a rough assessment by the BSNL and the BSNL does not link

itself to its full correctness and neither the BSNL can be held accountable for any variation, if any, found actually. The contractors are required to make their own detailed assessment and should quote

accordingly.

2.4.5 Any failure by the Contractor to do so shall not relieve him of responsibility for estimating properly the

difficulty or cost of completely satisfactorily performing the contracted work.

2.4.6 The BSNL assumes no responsibility whatever for any oral understandings or representations made by any of

its officers or agents or servants prior to the execution of the contract and all previous negotiations and

understandings are hereby cancelled.

2.4.7 Unexpected difficulty or expenses is, in general, no excuse for difficulty in performing the work.

THE BID DOCUMENTS

3. BID DOCUMENTS:

3.1. The construction work to be carried out, goods required, bidding procedures and contract terms are prescribed

in the Bid Documents. The Bid Documents include:

3.1.1. Qualifying Bid:

3.1.1.1 Notice Inviting Tender.

3.1.1.2 Bid Form.

3.1.1.3 Bidder’s Profile and certificate of near relatives



3.1.1.4 Instruction to Bidders.

3.1.1.5 General (Commercial) Conditions of the contract.

3.1.1.6 Special Conditions of Contract.

3.1.1.7 Scope of work and jurisdiction of the contract.

3.1.1.8 OF Cable Construction Specifications.

3.1.1.9 Performa for experience certificate andPerformance security bank guarantee (Sample).

3.1.1.10 Performa of Agreement

3.1.1.11 Letter of Authorization for Attending Bid Opening.

3.1.1.12 List of Documents to be submitted along with the Qualifying bid.

3.1.1.13 Rates of empty Cable Drums (If required).

3.1.2 Financial Bid

3.1.2.1 Schedule of rates – for construction

3.2 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 bids not substantially

responsive to the bid documents in every respect will be at the bidder’s risk and shall result in rejection of the

bid.

4. QUERIES ON BID DOCUMENTS: A prospective bidder, requiring any clarification of the Bid

Documents shall; notify the BSNL in writing or by fax or cable at the BSNL’s mailing address indicated in the

invitation for Bids. The BSNL shall respond in writing to any request for clarification of the Bid Documents,

which it receives not later than 7 days prior to the date for the opening of the bids. Copies of the query (without

identifying the source) and the clarifications by the BSNL shall be sent to all the prospective bidders who have

purchased the bid documents and all such clarifications issued by the BSNL will form part of the bid document.

The same shall be posted on website also. Those who are downloading tender document from website should

download the clarification also and submit with the tender document.

5. AMENDMENT OF BID DOCUMENTS:

5.1 At any time, prior to the date for submission of bids, the BSNL may, for any reason whether suo motto or in

response to clarification requested by a prospective Bidder, modify the bid documents by amendments.

5.2 The amendments shall be notified in writing or by telex or FAX to all prospective bidders on the address

intimated at the time of purchase of bid documents from the BSNL and these amendments will be binding on

them. The same shall be posted on website also. Those who are downloading tender document from website

should download the clarification also and submit with the tender document.

5.3 In order to afford prospective bidders reasonable time to take the amendments into account in preparing their

bids, the BSNL may, at its discretion, extend the deadline for the submission/opening of bids suitably.

5.4 In case of tender document downloaded from the official web site of the WTR, the tenderer should submit the

required cost of bid document as prescribed in the form of DD along with tender and if any discrepancy found

in the tender document submitted by the tenderer, the tender uploaded by the BSNL will be treated as valid

and any change found in the tender document submitted by the tenderer at any stage, will be treated as fraud

done to the BSNL and will be liable to cancellation of agreement done (if any) and appropriate action will be

taken against the tender.

PREPARATION OF BIDS

6. Cost of Bidding:

The bidder shall bear all costs associated with preparation and submission of the bid. The BSNL, will in no case,

be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process.

7. DOCUMENTS ESTABLISHING BIDDER’S ELIGIBILITY AND QUALIFCATIONS:



The bidder shall furnish, as part of his bid documents establishing the bidder’s eligibility, the following

documents and all these documents needs to be signed/ self attested by bidder:

a. Bid Security (EMD) in accordance to clause no.8 and cost of Tender (if downloaded from Internet).

b. Bid document (s), in original, duly filled in and signed by Bidder or his authorized representative along

with seal on each page. All corrections and over writing must be initialed with date by the Bidder or his

authorized representative.

c. The copy of Experience certificate issued by the competent authority duly signedby an authority not less

than Executive Engineer/Divisional Engineer/Sr. Manager.

d. PAN Card and Copy of Latest income tax return certificate certified by CA.

e. The Registration of Firm: The authenticated copy of partnership deed in case of partnership firm, copy of

Memorandum of Association in case of Company as the case may be.

f. Bid Form, duly filled in, as per section II.

g. Bidder’s profile duly filled in, as per section III of the Bid document.

h. Original “Power of Attorney” in case person other than the Bidder signed the documents. The power of

attorney should be for specific work and not general power of attorney. Tender is liable to be rejected if

power of attorney is not submitted accordingly.

i. EPF, ESIC and Labour registration.

j. Service tax registration

Please refer Eligibility Criterion Page 2.

8. BID SECURITY(EMD):

8.1 The bidder shall furnish, as part of his bid, a bid security (EMD) for the amounts shown in the NIT

separately for each section. No interest shall be paid be by the BSNL on the bid security for any period,

what so ever.

8.2 The bid security is required to protect the BSNL against the risk of bidders conduct, which would warrant

the security’s forfeiture, pursuant to Para 8.7.

8.3 Bid Security shall be paid in the form of Crossed Demand Draft/Fixed Deposit issued by a scheduled bank,

drawn in favor of BSNL IFA WTR, Mumbai payable at Mumbai. The DD should be valid for at least

90 days from the financial bid opening date of NIT.

8.4 A bid not secured in accordance with clause 8.1 & 8.3 above shall be rejected by the BSNL as non-

responsive.

8.5 The bid security of the unsuccessful bidder will be refunded as promptly as possible.

8.6 The successful bidder’s bid security will compulsorily be converted to part Performance security deposit in

accordance with clause 5(i) Section V.

8.7 The bid security(EMD) shall be forfeited:

i. If a bidder withdraws his bid during the periods of bid validity specified in the bid document, or

ii. If the bidder makes any modifications in the terms and conditions of the Bid before acceptance of the

Bid, which are not acceptable to the BSNL or

iii. If the Bidder is found to have given false/incorrect certificate in Section-III

iv. In case of successful bidder, if the bidder fails:

a. To sign the agreement in accordance with clause 25 Section IV, or

b. To furnish Performance Security in accordance with clause 5.i Section V.

9. Bid Prices:

9.1 The bidder shall give the total composite price inclusive of all levies and taxes, packing, forwarding, freight

and insurance in case of materials to be supplied and inclusive of all taxes and levies in case of works to be



executed. The contractor shall be responsible for transporting the materials, to be supplied by the BSNL (At

the divisional Store Depot) or otherwise to execute the work under the contract, to site at his/their own cost.

The costs of transportation are subsumed in the standard Schedule Rates and therefore no separate charges

are payable on this account. The offer shall be firm in Indian rupees.

9.2 Prices shall be quoted by the bidder as percentage below/above/at par the schedule of rates given in

schedule of rates (Financial Bid). Prices quoted at any other place shall not be considered.

9.3 The price quoted by the bidder shall remain fixed during the entire period of contract and shall not be subject

to variation on any account. A bid submitted with an adjustable price quotation will be treated as non-

responsive and rejected.

9.4 Discount, if any, offered by the bidders shall not be considered unless they are specifically indicated in the

schedule of rates (financial Bid). Bidders desiring to offer discount shall therefore modify their offers

suitably while quoting and shall quote clearly net price taking all such factors like Discounts, free supply,

etc. into account.

9.5 The Bidder shall quote in Financial Bid in English or Hindi only, both in words and figures.

9.6 In the case of illiterate Bidders, a witness should attest the Financial Bid. The percentages quoted in words

will have precedence over the percentages quoted in figures. If the percentages are not quoted in words, that

Bid is liable to be rejected.

10. PERIOD OF VALIDITY OF BIDS:

10.1 Bid shall remain valid for 240 days from date of opening of the bid (Qualifying Bid). A BID VALID FOR

A SHORTER PERIOD SHALL BE REJECTED BY THE BSNL AS NON-RESPONSIVE.

10.2 The BSNL reserves the right to request the lowest three (3) bidders as per read out list on the opening day to

extend the bid validity for a period of further 120 days and the bidder has to necessarily extend the bid

validity. Refusal to extend the bid validity will result in forfeiture of the bid security. A bidder accepting the

request and extending the bid validity will not be permitted to modify his bid.

10.3 "The Bidders shall not be entitled during this period of 240 days, without the consent in writing of

Divisional Engineer, to revoke or cancel his Bid or to vary the Bid submitted or in term thereof. The

acceptance of Bid shall be communicated to the successful Bidder(s) by the Divisional Engineer."

11 SIGNING OF BID:

11.1 The bidder shall submit, as a part of his bid, the bid documents (in original) duly signed on each and every

page, establishing the conformity of his bid to the bid documents of all the works to be executed by the

bidder under the contract. (Note: The Bidder is advised to keep a photocopy (at his own cost) of the bid

documents for his own reference.) All the documents submitted by bidder in support of his bid, shall

constitute the part of the bid. Bidder has to sign on each & every page of submitted documents,

establishing the conformity of the submitted documents.

11.2 The bid shall contain no inter-lineation, erasures or overwriting except as necessary to correct errors made

by the bidder in which case the person or persons signing the bid shall sign such corrections with date.

11.3 The Bidder will be bound by all terms, conditions, construction practice and specifications as detailed in this

Bid Document.

11.4 Unsigned or partial signed Bid shall be rejected.



SUBMISSION OF BIDS

12. Method of preparation of bid:

12.1 Bid for each tender should be submitted in two envelopes placed inside indivisualcover. These envelopes

should Contain the following;

Envelope Number Marked on the cover Contents of Envelope

First

Bid Security(EMD)

andCost

of Tender (if internet

downloaded)

and Qualifying Bid

Documents.

Containing NIT,documents as per claus

7, clause 8 of Section IV &EMD.

Second Financial Bid (A), (B)

Percentages duly quoted by the Bidder in

the prescribed format.

On all these envelopes the name of the firm and whether COVER-I “Bid Security, Qualifying

Docs. Cost of Tender” OR COVER-II“Financial” must be clearly mentioned and should be

properly sealed (with sealing wax/packing PVC tape). The Bids that are not submitted in

above mentioned manner shall be summarily rejected.

12.2 (a) All envelopes must bear the following on the left hand top corner side:-

NIT for outsourcing of petrolling by Motorcycles for guarding and protecting the Optical fibre cable working under DE OFC route Prabhadevi Division

(DUE DATE OF TENDER 02/03/2016)”

(b) All envelopes must bear the full name and full address of the Bidder at the bottom right hand

side corner of the envelope.

12.3 The Bid with conditions other than those specified in the Bid document is liable to be summarily rejected.

No modification by the contractor in any of the conditions will be permitted after the Bid is opened.

13. SUBMISSION OF BIDS:

13.1 Bids should be dropped in person in the tender box placed in the office of DET WTR or by Post/ Courier on

or before the closing (date & time) of Bid, as mentioned in NIT. The Bidder is to insure the delivery of the

bids at the correct address. The BSNL shall not be held responsible for delivery of bid to the wrong address

or for delayed receipt due to postal delay. The slit of the tender box will be sealed immediately after the

specified time for receipt of Bid. Any Bid presented in person after the sealing of box will not be received by

the DE OFC WTR or by any of the subordinates or will not be allowed to be deposited in the tender box.

13.2 Postponement of Bid opening: Wherever it is considered necessary to postpone the opening date of

tenders, quick decision must be taken and communicated to the Bidders who have purchased the Bid

documents. Such notice of extension of date of opening shall also be put-up on published. If the date of

opening of bids is declared as holiday, the bids will be opened on the next working date at the same time and

venue.



13.3 The BSNL if subsequently declares date fixed for opening of bids as holiday, the revised schedule will be

notified. However, in absence of such notification, the bids will be opened on next working day, time and

venue remaining unaltered.

13.4 In case of tender document downloaded from the official web site of the WTR, the tenderer should submit

the required cost of bid document as prescribed in the form of DD along with tender and any discrepancy

found in the tender document submitted by the tenderer, the tender uploaded by the BSNL will be treated as

valid and any change found in the tender document submitted by the tenderer at any stage will be treated as

fraud done to BSNL and will be liable to cancellation of agreement done (if any) and appropriate action will

be taken against the tenderer

14. LATE BIDS: Bids will not be received after the specified time and date of closing of the Bid and the same shall

be rejected and returned unopened to the bidder. It is the sole responsibility of the Bidder that he should ensure

timely submission of Bid.

15. MODIFICATIONS AND WITHDRAWL OF BIDS:

15.1 The bidder may modify or withdraw his bid after submission and before opening, provided that the intimation

is deposited by the bidder in a properly sealed envelope (With Wax/Packing PVC tape) in the tender box,

before the scheduled time & date for closing of tender.

15.2 No bid shall be modified subsequent to the deadline for submission of bids.

BID OPENING AND EVALUATION:

16. OPENING OF BIDS BY THE BSNL:

i. The BSNL shall open the bids in the presence of bidders or his authorized representatives who choose to

attend. The bidder’s representatives, who are present, shall sign an attendance register. The bidder shall

submit authority letter to this effect before they are allowed to participate in the bid opening (A format is

given in section-X).

ii. A maximum of two (2) representatives for any bidder shall be authorized and permitted to attend the bid

opening.

iii. The Bids shall be opened in the following manner.

a) The bid opening committee shall count the number of bids and assign serial number to the bids.

For example, if 10 Bids have been received the bids shall be numbered as 1 of 10, 2 of 10 etc.

All the members shall initial on the outer envelopes of all the bids with date.

b) The envelopes containing the Bid offer and not properly sealed, as required vide Para 12.1 shall

not be opened and shall be rejected outright. Closing the cover by gum will not be treated as

sealed cover. The reasons for not opening such Bid offers shall be recorded on the face of the

envelope and all the members of bid opening committee shall initial with date.

c) First the outer envelope containing the three envelopes is to be opened. The bid opening

committee shall initial on all three envelopes with date.

d) Among these three envelopes, the envelopes marked “BID SECURITY” shall be opened first

and examined.

e) The bidders who have submitted proper bid security as per Bid document, their “Qualifying

bid” shall be opened and papers/documents submitted by the bidder shall be examined and

recorded by the TOC. After opening the qualifying bid, all the documents contained therein

shall be serially numbered.



f) After recording of the “Qualifying Bid” the TOC will place all the Financials bids submitted by

the bidder in an envelope and will properly seal it with wax or packaging PVC tape for keeping

in safe custody.

g) The Financial Bid shall be opened in the following manner,

h) The envelope marked “Financial Bid,” will be opened only for qualified Bids in “Qualifying

bid”.

i) The date and time of opening of “Financial bid” shall be conveyed to all the bidders who have

qualified in Qualifying Bid and their representative shall be allowed to attend the financial bid

opening.

j) After opening the “Financial Bid” name, bid prices, modifications, bid withdrawals and such

other details as the BSNL, at its discretion, may consider appropriate will be announced at the

opening.

k) In case there is discrepancy in figures and words in the quote, the same shall be announced in

the bid opening, but the quote in words shall prevail.

17. CLARIFICATION OF BIDS BY THE BSNL: To assist in examination, evaluation and comparison of bids,

the BSNL may, at its discretion ask the bidder for clarification of its bid. The request for its clarification and its

response shall be in writing. However, no post bid clarification at the initiative of the bidder shall be

entertained.

18. PRELIMINARY EVALUATION:

a. BSNL shall evaluate the bids to determine whether they are complete, whether any computational errors

have been made, whether required sureties have been furnished, whether the documents have been

properly signed and whether the bids are generally in order.

b. If there is discrepancy between words and figures, the amount in words shall prevail. If the Contractor

does not accept the correction of the errors, his bid shall be rejected.

c. Prior to the detailed evaluation, pursuant to clause 21, the BSNL will determine the substantial

responsiveness of each bid to the bid document. For purpose of these clauses a substantially responsive

bid is one, which conforms to all the terms and conditions of the bid documents without deviations. The

BSNL’s determination of bids responsiveness is to be based on the contents of the bid itself without

recourse to extrinsic evidence.

d. The BSNL will reject a bid, determined as substantially non-responsive and shall not subsequent to the

bid opening be made responsive by the bidder by correction of the non-conformity.

e. The BSNL may waive any minor infirmity or no-conformity or irregularity in a bid, which does not

constitute a material deviation, provide such waiver does not prejudice or affect the relative ranking of

the bidder.

19. EVALUATION AND COMPARISON OF SUBSTANTIALLY RESPONSIVE BIDS:

a. The BSNL shall evaluate in detail and compare the bids previously determined to be substantially

responsive pursuant to clause18.

b. The evaluation and comparison of responsive bids shall be on the percentage deviation (above/below/at

par) offered and indicated in schedule of rates of the bid documents.

c. If the offered rates of more than one bidder are same than the work may be divided (In terms of Length)

equally among them. In such case no claim of Strata Variation in the Route shall be accepted. The work

may be awarded in any portion of the Section or Route to any of the bidder as decided by Engineer In

Charge. However if all the bidders except at least one want to withdraw their bid and at least one bidder



accepts the work than they may be allowed and their EMD shall be refunded after doing the agreement

with one (or more by equally distributing the Section in terms of length) of the bidders for entire section.

Failing to sign the agreement by one of the bidders, the others shall be liable to accept the work.

20. CONTACTING THE BSNL:

a. Subject to clause 17 no bidder shall try to influence the BSNL on any matter relating to its bid, from the

time of bid opening till the time the contract is awarded.

b. Any effort by the bidder to modify his bid or influence the BSNL in the BSNL’s bid evaluation, bid

comparison or the contract award decisions shall result in the rejection of the bid.

21. AWARD OF CONTRACT:

a. The BSNL shall consider award of contract only to those eligible bidders whose offers have been found

technically and financially acceptable.

b. Bids will be accepted and Contract will be finalized only with those of the Bidders, who in the opinion of

Divisional Engineer are having the capacity and resources to execute the work assigned in the prescribed

time as per the time schedule attached separately.

c. The Divisional Engineer reserves the right to award the work in any section to a single Contractor or split

the work among two or more Contractors. The decision of Divisional Engineer in this regard shall be

final and binding. If the work in one section is awarded to more than one Contractor, the demarcation of

the work among the various Contractors shall be decided by Divisional Engineer and the demarcation

will be communicated in writing to the concerned Bidders.

22. BSNL’S RIGHT TO VARY QUANTUM OF WORK: The BSNL reserves the right to decrease or

increase the work by up to 25% of the total contracted value in terms of rupees without any change in the

rates or other terms and conditions. However the individual item of works may be varied in any quantum

within the overall limit of 25 % of the contracted value in terms of rupees.

23. BSNL’S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS:

23.1 The BSNL reserves the right to accept or reject any bid and to annul the bidding process and reject all bids,

at any time prior to award of contract without assigning any reason what-so-sever and without thereby

incurring any liability to the affected bidder or bidders on the grounds for the BSNL’s action.

23.2 The tender approving authority is not bound to accept the lowest Bid.

24. ISSUE OF LETTER OF INTENT:

24.1 The issue of letter of intent shall constitute the intention if the BSNL to enter in to the contract with the

bidder. Letter of intent will be the issued as offer to the successful bidder.

24.2 The bidder shall within 15 days of issue of letter of intent, give his acceptance along with

Performance BG as security deposit as per clause 5. (i) Section-V, provided with the bid documents.

Failing which his EMD may be forfeited and bid is liable to be cancelled.

25. SIGNING OF AGREEMENT:

25.1 The signing of agreement shall constitute the award of contract on the bidder. The agreement with the

Successful bidder shall be signed by the BSNL within a week of submission of material security as per

clause 24.2 above.

25.2 As soon as the Bid is approved by the competent authority, the Bid Security deposited by the successful

bidder shall be compulsorily converted in to the Performance security deposit, which will be held by the

BSNL till the completion of warranty period.



25.3 "In the event of failure of the Bidder to sign the Agreement within seven days of being called upon to do so

or in the event of his failure to start the work as stipulates the amount of Earnest Money shall stand forfeited

and the acceptance of the Bid shall be re-considered and revoked which will not amount to imposing of

penalty. In the event of bidder’s failure to start the work as stipulates shall result in forfeiture of performance

security deposit and the acceptance of the Bid shall be re-considered and revoked which will not amount to

imposing of penalty.”

26. ANNULMENT OF AWARD: Failure of the successful bidder to comply with the requirement of clause 25

shall constitute sufficient ground for the annulment of the award and forfeiture of the bid security, in which

event; the BSNL may make the award to any other bidder at the discretion of the BSNL or call for new bids.

27. Since work may be awarded simultaneously in all sections, work contract in not more than two sections may

normally be awarded to any Contractor, unless the Divisional Engineer is satisfied that the Contractor has got

enough capacity and resources to carry out the Work simultaneously in all the sections for which the contractor

may be awarded the work. While interpreting the term 'Contractor' for this clause, any sister concern of the same

Contractor under the same management or in any way related to each other, will be regarded as one and the same

Contractor. Normally offers from Contractors who were awarded similar works against any previous Bid may not

be entertained, unless in any particular case, Divisional Engineer is satisfied about the past performance of the

Contractor. If any such work awarded earlier is not completed and is in progress, any work against this Bid will be

awarded only if Divisional Engineer is satisfied about the past performance of the Contractor. If any such work

awarded earlier is not completed and is in progress, any work against this Bid will be awarded only if Divisional

Engineer is satisfied that the Contractor has capacity and resources to take up the additional work along with the

work(s) in progress, and will be able to ensure completion of all the works according to the prescribed time

schedule against each such work. The performance of the Contractor will be assessed by taking into account the

quality of work, speed of implementation and completion within the target date assigned and any other factors

considered relevant by Divisional Engineer. The assessment of Divisional Engineer shall be final and binding in

all such cases.

28. It is to be specifically noted that the Divisional Engineer wants the works to be done simultaneously in as many

sections as possible so that the maintenance can be completed in the shortest possible time. Keeping BSNL

interest in mind, Divisional Engineer has full discretion to award the entire work or part of the work in any section

to one or more Contractors, whose rates may not necessarily be the lowest in that section, even though Bid for one

section is independent of any other section or to carry out the work by BSNL or through any other agency.

29. The quantities indicated in Bid schedule shall not be considered as representing firm/final quantities. All works

shall be measured by Divisional Engineer or his authorized representatives. Amount payable to contractor shall be

on the basis of actual work done by him at the rate approved by BSNL.

30. REPRESENTATIVE OF THE BSNL: -The BSNL shall be represented by the DIVISIONAL ENGINEER who

will be engineer-in-charge of the works. BSNL representative in works site shall be the Site Engineer or such

other representative as the Divisional Engineer may from time to time designate in writing. The Site Engineer

and/or his assistant or nominee shall inspect the work and materials of the Contractor. Notice given in writing by

the Contractor or the Contractor’s representative to the Site Engineer or the Divisional Engineer shall be deemed

to be Site notice be given to the BSNL. Notices given in writing by the site Engineer or the Divisional Engineer

shall be deemed to be notice given by the BSNL to the Contractor. The Site Engineer and such other

representatives as Divisional Engineer may designate in writing shall be deemed to be authorized to represent the

BSNL representative, as aforesaid, which is within his powers shall be binding on the Contractor.

31. REPRESENTATIVE OF CONTRACTOR: - “The Contractor shall furnish to the BSNL, the scheme of his

intended Organization for the contracted work, naming his superintendent. The Contractor shall have on each site

a superintendent, being authorized to represent the Contractor on his designated section work, to whom the BSNL

representative can make known decisions, authorizations and interpretations. The Contractor shall within ten days

after the execution of the Contract/Agreement notify the BSNL the name(s) and address(s) of the Superintendent

along with the specimen signatures in terms of site allocations. Any change in name and address of any

Superintendent notified as aforesaid shall be promptly intimated in writing to the BSNL. Notices given in writing

to the Superintendents shall be deemed to be notices given to the Contractor. The Contractor shall also have a

Manager fully authorized to represent Contractor on matters involving more than one section of work notification



in respect of whom shall like wise be given to the BSNL and who shall likewise be the Contractor's representative

in terms aforesaid."

32. These instructions to the Bidder shall be deemed to form part of the Agreement/Contract for the work.

(End of Section IV)

SECTION V

GENERAL (COMMERCIAL) CONDITION OF THE CONTRACT

1. APPLICATION:

The General conditions shall apply in contracts made by the BSNL for the execution of O F cable construction

works.

2. STANDARDS: -

The works to be executed under the contract shall conform to the standards prescribed in the OF Cable

construction practices, Of cable out door/indoor Maintence practices

PATENT RIGHTS

In case any material, supplied by contractor, he shall indemnify the BSNL against all third-party claims of

infringement of patent, trademark or industrial design rights arising from use of the goods or any part thereof in

Indian Telecom Network.

3. PRICES:

3.1 Prices charged by the Contractor for the works performed under the Contractor for the works performed under

the Contract shall not be higher from the prices quoted by the Contractor in his Bid.

3.2 Prices once fixed will remain valid for the period of contract. Increase and decrease of taxes/duties will not

affect the price during this period except service tax.

3.3 The Bid schedule shall be read in conjunction with construction specifications, instructions to Bidders and

conditions of Contract and the Bidder/Contractor shall be deemed to have carefully examined all these

documents. It is further understood and agreed that the Contractor by careful examination satisfied himself to

the nature and the location of work, the configuration of the ground the site conditions, the character of

equipments and facilities needed preliminary to and during the execution of work, the general and local

conditions, the labour conditions prevailing thereof, the detailed descriptions of the work to be done and the

way in which they are to be carried out within the time schedule and all other matter which can in any way

affect the works under the Contract before giving his tendered rates. The specifications for the entire work are

to be read together and not in isolation.

4. SUBCONTRACTS:

4.1 The contractor shall not assign, sub contract or subject the whole or any part of the works covered by the

contract, under any circumstances.

4.2 Where the Contractor is a partnership firm, the previous approval in writing of the Engineer-in-charge shall be

obtained before any change is made in the constitution firm. Where Contractor is an individual or a Hindu

undivided family business concerns such approval as aforesaid shall likewise be obtained before the Contractor

enters into any partnership agreement hereunder the partnership firm would have the right to carry out the work

hereby undertaken by the Contractor. If previous approval as aforesaid is not obtained, the contract shall be



deemed to have been assigned in the contravention of above Clause 4.1 thereof & the same action may be taken

& the same consequence shall ensue as provided in said Clause 4.1.

5. SECURITY DEPOSIT:

(i) Performance GURANTEE & Security DEPOSIT:

a. The total amount of Performance Security Deposit shall be 10% of the contract value. This Performance security

deposit will be used for material and work security. The EMD shall compulsorily be converted into performance

security deposit. The contractor shall furnish a Demand Draft of balance amount of performance security deposit

(i.e. 10% of the contract value minus EMD amount) OR a Performance Bank Guarantee of the total amount of

Performance Security Deposit (i.e. 10% of the contract value) to the BSNL within 15 days from the date of issue

of Letter of Intent by the BSNL. In case of submission of Performance Security Deposit in form of Performance

Bank Guarantee by contractor, the EMD will be refunded to contractor after acceptance of Bank Guarantee by

BSNL.

b. If in the opinion of the Tender Evaluation committee the quoted rates are abnormally low ( 25% or more below

the estimated rates), an additional security deposit to the tune of 10% of estimated cost of work put to tender shall

be deposited by the contractor before signing of the agreement and issue of workorder by BSNL. This additional

security deposit is in addition to prescribed performance security deposit and the same shall be refunded

immediately after successful completion and acceptance of work and on receipt of written request.

c. This performance security/ Additional security Deposit has to be submitted in the form of demand draft/

Performance Bank Guarantee, from any nationalized / scheduled Bank,in the name of BSNL IFA WTR, Mumbai payable at Mumbai.The PerformanceSecurity will be a non-interest bearing deposit, for any period

what so ever. Performance Bank Guarantee shall be in form provided in Section IX- B of this Bid document. The

validity period of Performance Security in the form of Performance Bank Guarantee shall be at least ONE year.

However contractor shall have to extend the validity of bank guarantee for a further period if desired by BSNL,

till the due fulfillment of all terms and conditions of this bid document by the contractor. This extension of

validity of bank guarantee shall be submitted to BSNL by contractor at least one month before the expiry date,

failing which BSNL may resort to encashment of bank guarantee where the contractor fails to honour his

contractual obligations of fulfillment of all terms & conditions of this bid document.

d. The contractor can any point of time will not be issued stores costing more than performance security. If due to

any reason more stores have to be issued to the contractor, then the performance security will be suitably

enhanced. In this regard the decision of the DGM Maintenance shall be final and binding.

e. The proceeds of the performance security shall be payable to the BSNL as compensation for any loss resulting

from the contractor’s failure to complete its obligations under the contract as well as a compensation for any loss

resulting from the contractors’s failure to handle properly the material issued to the him under the contract.

f. The Performance Security deposit of the contractor shall be refunded after expiry of six months from the date of

final bill payment, or one month after expiry of PBG provided there are no recoveries to be made arising out of

poor quality of work, incomplete work and / or violation of any terms and conditions of the contract as stipulated

in the bid document. Refund of performance security deposit is subject to full and final settlement of the final

payment for the work contracted / executed under the contract.

g. No interest will be paid to the contractor on the security deposit.

h. All the compensation or other sum of money payable by the contractor under the terms of this contract may be

deducted from the performance security deposit or from any sum which may be due or may become due to the

contractor by the BSNL on any account whatsoever from this contract or any other contract with BSNL and in the

event of his security deposit being reduced by reason of any such deductions, the contractor shall within ten days

make good in cash the amount required to make good in full, the security deposit. Otherwise, the said balance in

full shall be collected from the running bills of the contractor.

(ii) UNCLAIMED SECURITY DEPOSIT: Security Deposit(s) that is (are) due for refund to the

Contractor/Supplier and remain unclaimed for three years after its/their refund become(s) admissible (for

instance, after the contractor/supplier fulfils his contract shall be dealt with in accordance with the provisions

contained in the rules of the BSNL.

6. ISSUE OF WORK ORDERS AND TIME LIMIT: OFC Route Maintenance work

This covers corrective works on occurrence of faults



6.1 The contractor shall carry out the OFC maintenance work as per the approved Schedule of

Rates.

6.2 The Contractor shall deploy his superintendent to be stationed at the designated location

mutually agreed to. The superintendent shall be responsible for arrangement of

machines/manpower, logistics(Vehicles etc. if required), equipments and sufficient fund to

meet day to day expenditures, etc

6.3 The contractor or its representative may be informed by Divisional engineer or any other

officer nominated, either telephonically/SMS or otherwise about the faults. The superintendent

should be on alert to answer any call from Site Engineer or Engineer in charge team and

should arrange the machines/manpower and logistic within an hour. The fault docket shall be

as mentioned below

Fault Docket

Name of the Route :--------------------to --------------------

Reporting Date : -------------------- Time : --------------------

Nature of Fault : --------------------

Reported to : --------------------

Telephonically informed on Date : -------------- Time : --------------------

Signature of SDE (I/C)

-------------------------------------------------------------------------------------------------------

Name of the Route : -------------------- to --------------------

Reporting Date : -------------------- Time : --------------------

Nature of Fault : --------------------

Physical Location of fault : --------------------

Work Details : --------------------



6.4 The contractor shall arrange manpower and other logistics immediately but not exceeding one

hour from the receipt of information about faults for routine maintenance work.

OFC IMPROVEMENT WORK (This covers the preventive mtce work and permanent restoration

work)

6.5 For carrying out OFC improvement work a separate work order as mentioned below shall be

issued by the Divisional Engineer in-charge as per SOR after examining the technical and

planning details of the works to be executed from time to time



BHARAT SANCHAR NIGAM LIMITED

(A Govt. of India Enterprise)

OFFICE OF THE DIVISIONAL ENGINEER, OFC WTR Prabhadevi,Mumbai.

Performa of Daily LOG SHEET.

Date: _____________

To,

M/s ___________________________

_______________________________

Estimate No. ____________________ Tender No. ________________________

Section :-

Sl no Date Name of

Person

Motorbike

no

Sign of BSNL

Incharge with

Time at Starting

point

Sign of BSNL

Incharge with

Time at end

Point.

Signature of labour.

Name of the site Engineer (JTO-in-charge Twice in a week) _____________________

Name of the site JTO-in-charge ____________________________

Name of the site Engineer (SDE-in-charge, Once in a week)) _____________________

Name of the site JTO-in-charge ____________________________

Signature of Divisional Engineer (Twice in a month)

(In- charge of O.F. Cable Mtce. Work)



The Divisional Engineer shall mention the time limit to execute the work order after seeing the quantum of work and

store availability position.

6.6 The BSNL reserves the right to cancel or modify the scope of work stipulated to be carried out

against the work order in the event of change of plan necessitated on account of technical reasons

or in the opinion of work order issuing authority or the DGM Maintenance, the contractor is not

executing the work at the required pace.

6.7 The Contractor shall not undertake or make any change or do any work under this contract unless

he has received written instructions from Engineer-in-charge.

6.8 The Contractor shall not be entitled to any compensation in addition to the contract price for the

performance of any work not envisaged under the contract, unless prior to the performance of such

work he has received from Engineer-in-Charge written authorization to perform such work.

6.9 For extra work which is not covered within the scope of this contract, the Contractor will receive

extra compensation on the basis of lump sum unit price as may be agreed upon in advance in

writing between the Engineer-in-charge and the Contractor.

6.10 In cases, of such of the works, where an interpolation of the rates are possible such rates shall be

accepted by both the parties.

6.11 If the altered, additional or substituted work includes any work for which rates are not specified in

the contract for the work and cannot be derived from similar class of work in the contract, then

such work shall be carried out at the rate determined by the Engineer-in-charge on the basis of

prevailing market rates where the work was done & this rate shall be communicated in writing.

6.12 If the rate for altered, additional or substituted work cannot be determined in the manner specified

above, then the Contractor shall within seven days of the date of receipt of order to carry out the

work, inform the Engineer-in-charge of the rate which in his intention to charge for such class of

work supported by analysis of the rate or rates claimed, and the Engineer-in-charge shall

determined rates on the basis of prevailing market price & pay the Contractor accordingly.

However, the Engineer-in-charge by notice in writing will be at liberty to cancel his order to carry

out such class of work and arrange to carry out it in such manner, as he may consider advisable.

6.13 Any extra quantity of work already awarded will not come within the scope of 'Extra work'.

6.14 It is stressed that the Contractor shall not resort to stoppage of work pending an agreement of rates

for extra work.

6.15 SETTING OUT OF WORKS: The Site Engineer shall furnish the Contractor with only the center

line of the trench to be excavated and the Contractor shall set out all other works relevant as

directed by the Engineer-in-Charge and shall provide sufficient staff for the purpose and shall be

solely responsible for the accuracy of such setting out.

6.16 Trenching and pipe laying shall start from one direction as decided by site in-charge of the

awarded section only. Contractor shall take all precautions and steps not to leave any patches in

between. After completion of first one Km only, contractor shall be allowed to start work of

trenching and pipe laying to next Km.



6.17 All the clauses in this Bid document relating to cable pulling, digging of joint pits/man holes and

associated works will apply only if it is specifically mentioned in the NIT, that such works are to

be carried out by the trenching contractor.

7. EXTENSION OF THE TIME LIMIT:

7.1 General

7.1.1 In each work order, the work order, the work order issuing authority shall specify the time allowed for

completion of work consistent with the magnitude and urgency of work. The time allowed for

carrying out the work is to be strictly observed by the contractor and shall be reckoned from seventh

day from the date of issue of work order.

7.1.2 In as much as “the time being deemed to be the essence of contract”, throughout the stipulated period

of contract, the work is to be proceeded with all due diligence on the part of the contractor.

7.2 Application for Extension of the Time and Sanction of Extension of time (EOT):

7.2.1 There may be some hindrances, other than covered under force majeure, while execution of

work and in such cases the contractor shall apply in writing to the engineer-in-charge for

extension of time (EOT), on account of which he desires such extension within fourteen days of

occurrence of hindrance. The Engineer-in-charge shall forward the request to the competent

authority (an officer of the rank of JAG level in-charge of OF cable construction) in the

prescribed Form. The DGM M is the competent authority empowered to grant extension of

time for completion of work on certain conditions. He shall exercise such powers, if the

following conditions are satisfied.

7.2.1.1 The application contains the ground(s), which hindered the contractor in execution of work.

7.2.1.2 The Engineer-in-charge is of the opinion that the grounds shown for extension of time are

reasonable.

7.2.2 The competent authority shall consider the request keeping all the facts and circumstances in

view and shall grant extension of time, if in his opinion, there are reasonable and sufficient

grounds for granting such extension and the reasons for delay are not ascribable to the

contractor.

7.2.3 The competent authority may also grant extension of time for completion of work in cases

where reasons for delay are ascribable to the contractor, but such extension of time shall be

with LD charges as per clause dealing with penalty for delays in execution of works.

7.2.4 The competent authority shall grant EOT with time period for completion of work expressly

mentioned. The sanction of the competent Authority of EOT shall be issued under the signature

of the Engineer in-charge.

7.2.5 If the competent authority is of the opinion that the grounds shown by the contractors are not

reasonable and sufficient and declines to grant the extension of time, the contractor cannot

challenge the soundness of the opinion by reference to arbitration. The decision of the

competent authority on period of extension of time or refusal for extension of time shall be final

and binding on the contractor.



7.3 Grant of Extension of Time without Applications:

7.3.1 There are, at times, practical difficulties like non-availability of materials, delay in providing

permissions/right of way etc, reasons of which are ascribable to the BSNL. In such cases, the

Engineer-in-charge with the approval of competent authority to sanction EOT, may issue

extension of time suo motto without waiting for contractor to make an application for EOT.

Entry of hindrances shall be made in the Hindrance Register. The BSNL will, however not be

liable to the contractor for any losses or damages, costs, charges, or expenses that the contractor

may in any way sustain/suffer due to delay in making the above available.

7.3.2 The contractor shall not be justified in abandoning the contract because the BSNL has delayed

making payments in respect of other work being done for the BSNL by the contractor.

8. MEASUREMENT, INSPECTION, TESTING:

8.1 Measurement:

8.1.1 The measurement books are to be maintained by the officer in-charge of the work or his immediate engineering

subordinate not below the rank of Junior Telecom Officer. The entry shall be made in ink. No entry shall be

erased. If a mistake is made, it should be corrected by crossing out the incorrect words or figures and inserting

the corrections, the corrections thus made shall be initialed & dated by the officer concerned.

8.1.2 Responsibility of taking and recording measurements:

(a) The Contractor shall give not less than seven days notice in writing to the Engineer-in-charge or his

subordinate in charge of the work before covering up or otherwise placing beyond reach of measurements

any work in order that the same may be measured & correct dimensions thereof be taken before the same is

so covered up or placed beyond the reach of measurement and shall not cover up & place beyond reach of

measurement, any work without the consent in writing of the Engineer-in-charge or his subordinate in

charge of the work. The Engineer-in-charge or his subordinate in charge of the work shall within aforesaid

period of seven days inspect the work, and if any work shall be covered up or placed beyond the reach of

measurement without such notice having been given or the Engineer-in-charge's consent being obtained,

the same shall be uncovered at the Contractors expense, or in default thereof no payment or allowance shall

be made for such work or the materials with which the same was executed.

(b) The measurement of various items of work shall be taken and recorded in the measurement book issued

with each work order. The measurement shall be taken and recorded by an officer not below the rank of

Junior Telecom Officer, supervising the work. The Junior Telecom Officer, directly responsible for

supervision of work, shall be responsible for accuracy of 100% of measurements. The Sub Divisional

Engineer where Junior Telecom Officer is supervising officer shall be responsible for conducting test

check of 50% of measurements. The Divisional Engineer shall be responsible for conducting test check of

25% of measurements. Divisional Engineer and his sub-ordinates (SDE and JTO) will be fully responbile

for correctness, accuracy and details of measurements taken and recorded in MB/Bill. DGM M office will

bear responsibility of payment accuracy based on recorded measurements by divisions including payment

accuracy in recoveries/extra items suggested by divisions.

(c) If contractor executing without or away from marking and not following the instructions of site engineer

such work shall not be recorded in the measurement book and no payment shall be made for such work.

(d) The Junior Telecom Officer & Contractor/his authorized representative will certify under their signature the

appropriate places in the measurement book that the depth of trench & alignment is as per specification.

After this certification, the pipe laying is to start. After HDPE Pipe laying is over the Junior Telecom

officer has to again certify that the HDPE Pipe/PLB Blowing Type/pre-installed rope laying has been done

according to specification. The trench will then be reinstated and final recording of completion of work in

that portion is to be certified under the joint signatures of the Junior Telecom officer and the Contractor or

his authorized representative. (Contractor has to communicate in writing to the Divisional Engineer the

name and other details of the supervisor authorized by him if Contractor himself is not signing the



measurement book.) However, the Contractor will have to countersign the measurement and recordings

relating to the period for which he prefers the bill.

8.1.3 Method of recording of nomenclature of items: Complete nomenclature of items, as given in the agreement

need not be reproduced in the measurement book for recording the measurements but corresponding Item Code

as provided, shall be used.

8.1.4 Method of measurements: The measurement of the work shall be done for activity-wise as and when the item

of work is ready for measurement. The methods of measurements of various items are enumerated as under:

• Measurement of depth of trenches

The cable routes of one work order shall be divided into a number of continuous segments each of

maximum 200 meters length bounded by identifiable landmarks at both the ends of the segments. If

landmarks are not available, length of segment may be maintained at 200 meters. The measurement of

depth shall be recorded at each point of measurement (POM) in the measurement book in meters in the

multiples of 5 cms. For example 97 cms will recorded as 95 cms And 103 cms as 105 cms. The points of

measurements shall be at a distance of 10 meters starting from 0 (Zero) Meter, For example, if the length

of segment is 75 meters, the POM shall be at 0 M. 10 M, 20 M, 30 M, 40 M, 50 M, 60 M, 70 M. The last

POM shall be at 75th M to be recorded against Residual POM.Payment shall be done for the average

depth of each segment by applying rate reduction formula given below.Payment shall be done for one

section.

Payment shall be made to contractor for a full section 200 meters only i.e. if HDPE/GI/RCC Pipes

laying, rope pulling, refilling of trench and fixing and concreting of Route Indicators is complete in all

respect. Incomplete or unfinished sections will be recorded in MB, but payment shall be released only

when section is certified to be complete in all respect by the site in charge.

If water drain or road gutter encountered along the road the depth shall be measured from the top surface

of the water drain or road gutter.

Less depth is permitted for the following circumstances for e.g. PCC/RCC/Stone

Masonarywork,Underground water drains,canal,waterways,Hardrock,Manhole,gutter,Inspection Hole

covers,Underground laid water lines,pipes,Powercables,Telephonecables.Any unforeseen aspect may be

certified by JTO and countersigened by the SDE in whose power it may lie.

The Reduced depth section, 100cm and below shall be Calculated as shown for each 10MTR section.

The payment for subnormal depth below 100cm will be calculated as per formula given below:-

The average depth shall be made round to nearest lower decimal (i.e. 90cm, 80cm, 70cm, 10cm) 96cm

equals to 90cm and 84cm equals to 80cm.

P= 60% x RA x D

_________________

100 x ND

P = Payment for one meter

RA = Approved rate of trenching per meter

D = Actual average depth in Cms for 10MTR.

ND = depth of trench 100Cms

Therfore the total payment of each 200Mtrsection =

10 x No of 10MTR sections x (100) % of Approved rate of trenching per meter for depth≥165Cms.

Depth between Reduction in rate

<165 Cms. to ≥150Cms. 5%

<150 Cms. to ≥130Cms. 12.5% of approved rates.

<130 Cms. to ≥100 Cms 25% of approved rates.

Below 100 Cms. 40% of approved rates



+10 x No of 10MTR sections x (100-5) % of Approved rate of trenching per meter <165 Cms. to ≥150Cms.

+ 10 x No of 10MTR sections x (100-12.5) % of Approved rate of trenching per meter <150 Cms. to ≥130Cms

+ 10 x No of 10MTR sections x (100-25) % of Approved rate of trenching per meter <130 Cms. to ≥100 Cms

+ 10 x No of 10MTR sections x (100-40)% of Approved rate of trenching per meter x 90/ 100 for 90cm depth



Similar calculation for depth of 60cm, 50cm and 40cm… till 10cm may be done.

The last section which may not complete 10MTR will be paid in per meter basis.

Measurement of Lengths and profiles of strata and protection: - The measurements of length of

trenches are on running meter basis, irrespective of type of soil encountered while digging. The type of

protection provided (item code-wise) in a segment shall be recorded in the measurement book in the sheet

provided for this purpose.

• Measurement of length of cable: - The length of cables laid in trenches, through pipes and through

ducts shall be measured by use of RODO Meter/Measuring Tape. The length should be cross verified

with the marking of lengths on the cables. The lengths shall be recorded in sheet provided in the

measurement book.

• Measurement of other items: - The measurement/numerical details of other items shall be recorded in

the sheets provided for respective items viz.

� Digging of joint pit and preparation of joint chambers along with its type i.e. Brick chamber or

Pre Cast RCC type.

� Fixing, Painting and sign writing of route/joint indicators.

� Termination of Cable in equipment room and no. of joints.

8.1.5 The contractor shall sign all the measurement recorded in the measurement book. The contractor, of

measurement recorded in the MB, will consider this as an acceptance. In case contractor fails to attend at the

measurements or fails to countersign or to record the difference with in a week, than in any such events the

measurements taken by Engineer-in-charge or by the subordinate as the case may be shall be final and binding

on the contractor and the contractor shall have no right to dispute the same.

8.1.6 The divisional Engineer before passing the bill for sections covered by each set of measurement may carry out

test check by re-opening trench at as many locations as necessary as specified in document ‘procedures for

underground cable construction’ and bills will be passed only when he is personally satisfied of the correctness

of entries in the “Measurement Book” and also when he is satisfied of other aspects of the work as per the terms

of the contract. The contractor shall provide the necessary assistance of labour for reopening of trench for test

check by the Divisional Engineer. Separate payment shall not be made to the contractor for excavation of such

test checks, however such test pits shall not be more than 10% of the cable laying work.

8.1.7 Measurement of the work of cable pulling through pipe/duct will be taken equal to the length of the pipe/duct

through which the cable has been pulled and not the total length of the cable pulled through pipe/duct.

8.2 Inspection and Quality Control: -

8.2.1 The Quality of Works: The quality and availability of long distance media and efficiency of the reliable media

connectivity to exchanges depends up on quality of laying of Optical Fiber Cable. Further, the OF cables are

vulnerable to damages due to work of other agencies.



8.2.2 The quality of O.F. cable Plant depends upon the quality of individual items of work involved viz Depth of

Cables laid, care while paying & laying, Protection, Jointing of Cables and Terminations in equipment room

and at last but not the least on documentation of cable network. In order to ensure quality in Cable Construction

Work, each component of work needs attention. The works shall be carried out strictly in accordance with

specifications laid down to achieve the requisite quality aim.

8.2.3 It is imperative that the contractor(s) is/are fully conversant with the construction practices and shall be fully

equipped to carry out the work in accordance with the specifications. The contractors are expected and bound to

ensure quality in construction works in accordance with specifications laid down. The contractor shall engage

adequate and experienced supervisors to ensure that works are carried out as per specifications and with due

diligence and in a professional manner. An assessment of extent of interest shown by the contractors in

executing the works with requisite quality shall be recorded and used in evaluating the Contractor’s

Performance Rating (CPR).

8.2.4 All works at all times shall be open to inspection and supervision of the BSNL officers. The contractors shall be

bound, if called upon to do so, to offer the works for inspection without any extra payment and remain present

at site either himself or his authorized representative duly accredited in writing to receive orders and

instructions given to contractors.

8.2.5 Site order Book: The site order book is one of the primary records to be maintained by the JTO supervising the

work during the course of execution of works. The noting made by officers as well as contractors, will form as

basis for operation of many contractual clauses. The contractor shall remove all the defects pointed out by the

BSNL in the Site order book. The site order book is to be maintained in the prescribed format. The contractor or

their authorized representatives shall also be at liberty to note their difficulties etc. in these books. The site order

books shall invariably be consulted at the time of making final payments to the contractor.

8.2.6 Quality of materials supplied by contractor to be used in works:

i. In case any materials, provided by contractor;BSNL shall have the right to inspect and test the goods as per

prescribed test schedules for their conformity to the specifications. Where the BSNL decides to conduct such tests

on the premises of the supplier or its subcontractor(s), all reasonable facilities and assistance like Testing

instruments and other test gadgets including access to drawings and production data shall be furnished to the

inspectors at no charge to the BSNL.

ii. Should any inspected or tested goods fail to conform to the specifications the BSNL may reject them and the

contractor shall either replace the rejected goods or make all alterations necessary to meet Specification

requirements free of cost to the BSNL.

iii. If any equipment/ goods or any part thereof, before it is taken over/ accepted under clause iv., is found defective

or fails to fulfill the requirements of the contract, the inspector shall give the contractor notice setting forth details

of such defects or failure and the supplier shall make the defective equipment good, or alter the same to make it

comply with the requirements of the contract forthwith and in any case within a period not exceeding one months

of the initial report. These replacements shall be made by the supplier free of all charges at site. Should it fail to do

so within this time, the purchaser reserves the discretion to reject and replace at the cost of the supplier the whole

or any portion of equipment/goods as the case may be, which is defective or fails to fulfill the requirements of

the contract. The cost of any such replacement made by the purchaser shall be deducted from the amount payable

to the supplier.

iv. When the tests called for have been successfully carried out, the ultimate consignee will forthwith issue a Taking

Over/ acceptance Certificate. The ultimate consignee shall not delay Taking Overcontemplated by this clause on

account of minor defects in the equipment which do not materially affect the commercial use thereof provided that the

supplier shall undertake to make good the same in a time period not exceeding one months.

v. Nothing in this clause shall in any way release the Contractor from any warranty or other obligations underthis

contract.

9. WARRANTY:

9.1 The contractor shall warrant that the work done or the material supplied for the work shall be new and free

from all defects and faults in material, workmanship and manufacture and shall be of the highest grade and

consistent with the established and generally accepted standards for materials of the type ordered and shall

perform in full conformity with the specifications and drawings. The contractor shall be responsible for any



defects that may develop under the conditions provided by the contract and under proper use, arising from

faulty materials, design or workmanship such as corrosion of the equipment, inadequate quantity of materials

etc. and shall remedy such defects at his own cost when called upon to do so by the BSNL who shall state in

writing in what respect the stores are faulty. This warranty shall survive inspection or payment for, and

acceptance of goods, but shall expire except in respect of complaints notified prior to such date, twelve months

after the acceptance testing clearance.

9.2 If it becomes necessary for the contractor to replace or renew any defective portion/portions of the material

under this clause, the provisions of the clause shall apply to the portion/portions material so replaced or renewed

or until the end of the above mentioned period of twelve months, whichever may be later. If any defect is not

remedied within a reasonable time, as prescribed by the BSNL, the BSNL may proceed to do the work at the

contractor’s risk and costs, but without prejudice to any other rights which the BSNL may have against the

contractor in respect of such defects.

9.3 The Cable joint shall be guaranteed for a period of ONE year from the date of acceptancee. In case of failure

of the joint due to poor workmanship i.e. failure of joint without external damage, with in the stipulated period

of guarantee the contractor shall repair the joint(s) at his own cost within 24 hours of informing him, failing

which the department may carry out the repairs and penalty equivalent to five times of the approved rate of the jointing work plus the cost of materials used shall be recovered from the contractor from his pending

bill/SD or any amount due to him without prejudice to any other action as per terms and conditions of the

tender. The cost of jointing kit, supplied by the department, so used to revive the joint shall be deducted from

the running bills of the contractor pending for payment of from security if all bills have been settled.

9.4 Replacement under warranty clause shall be made by the contractor free of all charges at site including freight,

insurance, cost of works and other incidental charges.

10. AUDIT AND TECHNICAL EXAMINATION:

10.1 BSNL shall have the right to cause and audit and technical examination of the work and the final bills of the

contractor including all supporting vouchers, abstract etc. to be made after payment of the final bill and if as a

result of such audit and technical examination any sum is found to have been overpaid in respect of any work

done by the contractor under the contract or any work claimed by him to have been done by him under the

contract and found not to have been executed, the contractor shall be liable the refund the amount of over

payment and it shall be lawful for BSNL to recover the same from him in the manner prescribed in clause with

the heading payment of bills (same chapter), or in any other manner legally permissible and if it is found that

the contractor was paid less than what was due to him under the contract in respect of any work executed by

him under it, the amount of such under payment shall be duly paid by BSNL to the contractor.

10.2 Provided that BSNL shall be entitled to recover any sum overpaid, nor the contractor shall be entitled to

payment of any sum paid short where such payment have been agreed upon between the divisional Engineer or

his subordinate officer on one hand and the contractor on the other under any term of the contract permitting

payment for work after assessment by the DGM Maintenance.

10.3 Any sum of money due and payable to the contractor (including security deposit returnable to him) under this

contract may be appropriate by the BSNL of the payment of a sum of money arising out or under any other

contract made by the contractor with the BSNL.

11. 11. PAYMENT TERMS:

11.1 Procedure for Preparation and settlement of OFC Route/indoor Maintenance bills:

1. The contractor shall prepare the Monthly bills for maintenance activity undertaken for work

under SOR in triplicate ensuring execution work in its Completeness, correctness of rates and

quantum of work and summit the bills to Engineer- in-charge of work. The Engineer- in-

charge shall record the certificate on the Monthly bill after scrutinizing the bills and summit

the Monthly bills along with the documents as mentioned below to the Divisional Engineer, in-



charge of work.

· Any Recovery for contractor’s fault.

2. Divisional Engineer shall exercise the prescribed checks on the bills and accord necessary

certificates of the bills. The Divisional Engineer shall retain the third copy along with

photocopies of documents and record it in the estimate file maintained in his office and send

first and Second copies with all documents to relevant higher office for processing of bills and

release of payment.

3. The office cell dealing with bills payment shall process the bill in the estimate file of the

concerned work and scrutinize the bills vis-à-vis Fault record register and certificates by

Divisional in charge, sanctioned provisions in the estimate etc. The bill shall be passed, after

necessary scrutiny by Works Section, by the officer competent to pass the bill. Statutory taxes

(Income Tax etc.) applicable to contract shall be deducted at the time of payment from each

Monthly bill.

4. Account payee cheque or RTGS payment for the amount passed in the bill willbe issued only

after the contractor gives a stamped receipt for the amount, ifthe bills are not pre-receipted.

Details of payment of all the bills shall beentered into contract’s ledger by Work Section of the

Planning Cell

11.2 Procedure for Preparation and settlement of OFC improvement works (where a separate work

order is issued)

1. The work order issued may contain work to be executed in many patches of various natures as

mentioned in SOR. 100% payment will be paid after completion of Patch work subject to

commissioning of patch work and put to use to carry traffic on certification of BSNL Site-

engineer.

2. Liquidated damages (LD) @ 0.5% per week subject to maximum of 10 % of the value of the

work will be levied beyond the time limit mentioned in the work order.

3. All material supplied / used and the work done by the contractor shall be guaranteed against the

defective manufacture/workmanship for a period of 12 months. Cost of such defective material

shall be recovered from subsequent bills or from P.B.G amount held (in case validity of contract

is over).

4. The contractor shall prepare the final bill in triplicate & and submit the same to Engineer- in-

charge of work within 15 days of final acceptance and commissioning. The final bill shall be

prepared for all items involved in execution of complete Patch work as per point no 1 above. The

contractor shall prepare the final bill containing the following details:



¨ The bill for all the quantities as per Measurements at the approved rates

¨ Adjustment of performance security deposit and statutory taxes already recovered

¨ Store reconciliation statement furnishing account of stores received against the work order and

returned to the designated Store godown as surplus with requisite verifications from store in-

charge of work.

¨ Letters of grant of E.O.T(s). If work could not be completed within stipulated time.

¨ Copy of Measurement book

5. The engineer- in-charge of work shall scrutinize the final bill against the works entrusted and

accord necessary certificates stating that the work has been executed satisfactorily in accordance

with specifications and terms and conditions of the contract. The Engineer-in -charge shall

verify the quantities of items of work with reference to measurements recorded in the

measurement. The S.D.E. in-charge of work shall submit the final bills, along with other

documents mentioned above, with the documents as mentioned hereunder to the Divisional

Engineer, in-charge of work.

a. Bill prepared by the contractor. b. Material reconciliation statement. c. Measurement book. d. Details of recoveries/penalties for delays, damages to BSNL/Third party properties as per

provisions of the contract. In case no recovery is to be made. NIL report needs to be submitted.

e. Details of empty cable drums cost which needs to be recovered from the bill.

6. The Divisional Engineer shall exercise the prescribed checks on the bills and accord necessary

certificates on the bills. The Divisional Engineer shall retain the third copy of the bill along with

photocopies of other documents not available in his estimate file and send first and second copies

of the bill, measurement book and other documents submitted by engineer-in-charge along with

the bills as above to the higher office for processing and final payment.

7. The office cell dealing with OFC bills shall process the bill in the estimate file of the concerned

work and scrutinize the bill vis-à-vis work order issued sanctioned provisions in the estimate etc.

The office cell shall also scrutinize the bill to recover all the liabilities of the contractor and

statutory taxes. The bill shall be passed, after necessary scrutiny by Works Section, by the officer

competent to pass the final bill.

8. Account payee cheque or RTGS payment for the amount passed in the bill will be issued only

after the contractor gives a stamped receipt for the amount, if the bills are not pre-receipted.

Details of payment of all the bills shall be entered into contract’s ledger by Work Section of the

Planning Cell.

11.3 Procedure for payment for sub standard works:

11.3.1. The contractors are required to execute all works satisfactorily and in accordance with the



specifications. If certain items of work are executed with unsound, imperfect or unskilled

workmanship or with materials of any inferior description or that any materials or articles

provide by him for execution of work are unsound or of a quality inferior to that contracted for

or otherwise not in accordance with the contract (referred to as substandard work hereinafter),

the Divisional Engineer in-charge shall make a demand in writing specifying the work,

materials or articles about which there is a complaint. 11.3.2. Timely action by Construction Officers: Timely reporting and action, to a great extent, can

prevent occurrence of sub standard work, which will be difficult or impossible to rectify later

on. It is incumbent on the part of cost ruction Officers to point out the defects in work in time

during progress of the work. The Junior Telecom Officer/ Sub Divisional Engineer is

responsible for execution and supervision of work shall without any loss of time submit a

report of occurrence of any substandard work to the

Divisional Engineer in-charge besides making an entry in the site order book. A notice i.e.

respect of defective works shall be given to the contractor by Divisional Engineer in-charge

in writing during the progress of work asking the contractor to rectify/replace/ remove the

sub standard item of work and also definite time period within which such

rectification/removal/replacement has to be done. After expiry of the notice period, of the

contractor fails to rectify/ remove/replace the sub standard item, the defect shall be got

rectified replaced/removed by BSNL or through some other agency at the risk and the cost of

the contractor.

11.3.3. Non-reporting of the substandard work in time on the part of Construction Officer(s) shall

not in any way entitle the contractor to claim that the defects were not pointed out during

execution and as such the contractor cannot be absolved of the responsibility for sub standard

work and associated liabilities.

11.3.4. Authority and procedure to accept sub standard work and payment thereof: - There may be

certain items of work pointed out as sub standard which may be difficult to rectify and in the

opinion of the DGM (Maintenance), the items in question will not materially deteriorate the

quality of service provided by the construction, DGM (Maintenance) shall appoint committee

to work out the reduced rates payable to the contractor for such sub standard work. The

committee shall constitute one Divisional Engineer other than the one who is directly in-

charge of Cable Construction involving sub standard items of work, as Chairman and one

S.D.E. and an Accounts Officer as members. The committee shall take into account the

approximate cost of material/work pointed out as sub standard and recommend the rates

payable for sub standard work, which shall not exceed 60% of the approved rates of the item

in question.

11.3.5. Record of sub standard work: The items adjudged, as sub standard shall be entered into the



11.3.6. measurement book with red ink.

11.3.6 Rat prone Area: EI shall be followed for laying PCC above the PLB pipe. Between two pipe

joints PCC work wil be done to cover any gaps for rodent entry in the pipe.Both ends of this

pipes in rat prone area must be sealed with adequate PCC work so make rodent entry difficult.

Cement Concrete Mixture used should be of 1:2:4 Composition i.e. 1 Cement: 2 Coarse Sand, 4

graded Coarse Stone aggregate of 20 mm. nominal size.Portions where cement concreting have

been done shall be cured with sufficient amount of water for reasonable time to harden the

surface.

11.3.7 For part of Optical Fibre Cable whihcan not be made underground and has to be laid on Surface,

Cable will be pulled inside suitable size (Medium Class) GI pipe.The pipe shall be secured at

every 3MTR with suitable clamps and these clamps will be covered with PCC.Both ends of GI

pipe shall be sealed with PCC to avoid entry of water and Rat.On the bridges and roads, whole GI

pipe can be covered with PCC wherever possible.

12. DISPOSAL OF EMPTY CABLE DRUMS:

12.1 The contractor shall be responsible to disclose off the empty cable drums after laying of the cable.

The competent authority taking in to account the prevailing market rates has fixed the cost of Optical

Fiber cable drums. The cost of empty cable drums shall be deducted from the bill for the work on

which the cable along with the drum has been issued or any other amount due to the contractor or

from security deposit.

12.2 Rates fixed for Optical Fiber cable drums are given in Tender Document (Quantifying Bid). The rates

are fixed and there is no percentage above or below applicable on these rates.

12.3 The contractor shall be responsible for the accounting of the cable drums issued and shall mention the

number cable drums in the bill so that the amount is deducted from the bills due.

12.4 The contractor shall not be allowed to dump the empty cable drums in Govt/public place, which may

cause inconvenience to Govt/Public. If the contractor does not dispose of the empty cable drums

within 3 days of becoming empty, the department is at liberty to dispose of the drum in any manner

deemed fit and also recover the amount fixed in this contract for empty cable drums along with the

transportation charges (to be decided by the DGM Maintenancefrom the bill/ security deposit/ any

other amount due to the contractor.

13. PENALTY CLAUSE:

13.1. Delays in the contractor’s performance:

13.1.1The work schedule specified as per details in the scope of work shall be deemed to be the

most important aspect of the contract on the part of the contractor failing which Penalty as

mentioned below shall be imposed forthe delay in fault restoration or non-

compliance/deficiency in the improvement of OFC work covered under this maintenance

contract:

Description of deficiencies Penalty

Unavailability of Machine / sufficient manpower

(for excavation) or patrolmen

Rs. 300/- for machine/ manpower and patrolmen

per day over and above the SOR rate.

Failure or non availability of Transport / Vehicle Actual cost of hiring of vehicle + Rs. 300/- per

trip



13.1.2 Over all limit of penalty:On any date the penalty payable as above reaches 10 (ten) percent of the estimated

cost of the work the contractor should proceed with the work further only on getting a written instructions from

the Divisional Engineer that he is allowed to proceed further with the work. It will be in the discretion of the

Divisional Engineer to allow the contractor to continue with the work.

13.1.3 Penalty for delay in completion of the work shall be recoverable from the bills of the contractor and \or by

adjustment from the security deposit or from the bills of any other contract of this contractor with BSNL.

However, adjustment from the security deposit will be made only when contract has been terminated or at the

time of final settlement of bills on completion of work.

13.1.4 In case of slow progress of the work in a section which have been awarded to a particular contractor, and the

public interest does not permit extension of time limit for completion of the work, the DGM Maintenance will

have the full right to order that the scope of the contractor may be restricted to such fraction of the whole of the

work and get the balance executed at the risk and cost of the contractor. The details are given in Rescission of

the contract clause of the bid document. All such payments shall be recovered from the contractor’s pending

bills/any payment or sum that is due or any sum that becomes due or security deposit

13.1.5 The Engineer in charge reserves the right to cancel the contract and forfeit the security deposit if the contractor

fails to commence the work within 7 days after issue of the work order.

13.1.6 Since this damage naturally arise in the usual course of things from the breach of contract when the contractor

and the BSNL are aware of the consequences of the Clause relating to the Penalty, the clauses relating to (a)

forfeiture of security deposit (b) rescinding of the contract and have the balance of tendered work executed by

another agency at the risk and cost of the defaulting contractor have to be read together as one single whole and

interpreted with reference to each other and their provisions.

13.2 Penalty for causing inconvenience to the Public:

13.2.2 To ensure progress during the execution of work and to cause minimum inconvenience to the public, the

contractor shall not dig a trench of more than 500 meters at a stretch in a route at a time. He shall cause to lay

cable and close such trenches expeditiously. Under any circumstances a stretch of trench of maximum 200

meters shall not be kept open for more than 4 days in case of cable laying by digging paved surfaces. In the

event of contractor falling to comply with, these conditions, a penalty of recovery up to Rs 300/- per day for the

period the trench is kept open beyond the time limit allowed may be imposed by the BSNL. This penalty will in

addition to that payable for delay or slow work.

13.2.3 The contractor shall not be allowed to dump the empty cable drums/waste materials in Govt. /public place,

which may cause inconvenience to Govt. /Public. If the contractor does not dispose of the empty cable

drums/waste materials within 3 days of becoming empty, the BSNL is at liberty to dispose of the drum in any

manner deemed fit and also recover the amount fixed in the contract for empty cable drums/waste materials

from the bills security deposit/ along with the costs incurred by the BSNL in disposing off such materials. The

BSNL may also levy a penalty up to Rs One thousand for each such default.

13.2.4 If any such penalty is levied on a contractor for more than 2 occasions, then his/her contract could be

terminated. In this regard the decision of the DGM Maintenance shall be final and binding.

13.3 Penalty for cutting/damaging the existing cables of BSNL and the existing underground facilities of third

parties: -

13.3.2 During excavation of trench utmost care is to be taken by the contractor so that the existing underground cables

are not damaged or cut. IN-case any damage/cut is done to the existing cables, a penalty as per the schedule

given below will be charged from the contractor or the amount will be deducted from his running bills:-



S.No Size of Damage charges as Cost of additional copper cable Cable to Prescribed in circular for each slab of 10 meter.

be dated 6.10.2003 (Variable Cost in Rs. Per slab of

cable of length 10 meter)

(a) (b)

1 5 7,500 4,500

2 10 7,500 5,000

3 20 7,500 5,000

4 50 10,000 5,500

5 100 10,000 6,000

6 200 20,000 7,000

7 400 20,000 11,000

8 800 40,000 13,000

9 1200 75,000 17,000

Amount of penalty per cut/ damage

RS 500.00 (Five Hundred)

Rs 1000.00 (One thousand)

Rs 2000.00 (Two thousand)

Rs 50000.00 (Fifty thousand)

Size of existing OF cables cut/ Amount of penalty per cut/

damaged damage/Occasion

O.F. Cable of any size of BSNL Rs 1,50,000.00 (One Lac Fifty thousand) Optical fiber cable or other cables

of any private telecom operator or

underground assets of any other

agency other than BSNL The amount claimed by the agencies as

compensation and /or any penalty

Besides the above penalty, the contractor shall carry out such repairs for restoration of the damaged cable free

of charge. The cost of jointing kit shall also be borne by the contractor. If contractor fails to repair the damage,

the cost of repair (including cost of labour + jointing kit) shall be recovered from the contractor.

13.3.3 Contractor shall either pay to third parties all expenditure incurred for restoring services which are damaged by

Contractor while carrying out the work or the same amount will be deducted from his bills. Such expenditure

shall be intimated to Contractor either by Engineer-in-charge or concerned third parties in writing. The amount

deducted by the Contractor from his bill shall be paid to concerned third parties by Divisional Engineer or

Accounts Officer.



13.3.4 Engineer-in-charge at his absolute discretion shall reserve the right to reject any bill submitted by the Contractor

prior to making payment by him to third parties for the damages caused or to deduct same amount from his bill.

13.4 Penalty to damage stores/materials supplied by the BSNL while laying:

134.1 The contractor while taking delivery of materials supplied by the BSNL at the designated place shall thoroughly

inspect all items before taking them over. In case of execution of the work, if any material is found

damaged/working unsatisfactorily, then a penalty equivalent to the cost of material + 10% as penalty shall be

recovered from the contractor’s payments/securities.

13.4.2 However, contractor will not be penalized for any defect in workmanship of the materials, which shall be taken

up separately with the supplier of the stores.

14. Rescission/Termination of contract

14.1 Circumstances for rescission of contract: Under the following conditions the competent authority may

rescind the contract:

If the contractor commits breach of any item of terms and conditions of the contract.

o If the contractor suspends or abandons the execution of work and the engineer in-charge of the work

comes to conclusion that work could not be completed by due date for completion or the contractor had

already failed to complete the work by that date.

o If the contractor had been given by the officer-in-charge of work a notice in writing to rectify/replace any

defective work and he/she fails to comply with the requirement within the specified period.

o If the Contractor being a company shall pass a resolution or the court shall make an order that the

company shall be wound up or if a receiver or a manager on behalf of a creditor shall be appointed if

circumstances shall arise which entitle the court or creditor to appoint a receiver or a manager or which

entitle the court to make a winding up order.

14.2 Upon rescission of the contract, the security deposit of the contractor shall be liable to be forfeited and shall be

absolutely at the disposal of the BSNL as under:

14.2.1 Measurement of Works executed since the date of last measurement and up to the date of rescission of contract

shall be taken in the presence of the contractor or his authorized representative who shall sign the same in the

MB. If the contractor or his authorized representative do not turn up for joint measurement, the measurement

shall be taken by the officer authorized for this purpose after expiry of due date given for joint measurement.

The measurement taken by the officer so authorized shall be final and no further request for joint measurement

shall be entertained.

14.2.2 The unused material (Supplied by the BSNL) available at site shall be transported back by the BSNL to the

Telecom Store at the risk and cost of the contractor. If any such material is found damaged/lost then the penalty

shall also be recovered from the contractor as per conditions in Bid documents, ibid.

14.2.3 The un-executed work shall be got executed through the qualified bidder from amongst the bidders, who

participated in the bidding process, by giving the offers in their order of ranking (L-2, L-3...) at their quoted

rates. If the work was awarded on single Bid basis then the BSNL shall get the unexecuted work completed

through any other contractor approved in DGM (Maintenance) at the approved rates of that particular section or

to execute the work through BSNL employed labours, as is convenient or expedient to the BSNL at the risk and

cost of the contractor. In such a event no compensation shall be payable by the BSNL to the contractor towards

any inconvenience/or that he may be subjected to as a result or such an action by the BSNL, In this regard the

decision of GM (Maintenance) shall be final and binding. In all these cases, expenses which may be incurred in

excess of the sum which would have been paid to the original contractor if the whole work had been executed

by him shall be borne and paid by the original contractor and shall be deducted from any money due to him by

the BSNL under the contract or any other account whatsoever anywhere in the BSNL or from a security deposit.



14.2.4 The certificate of the Divisional Engineer in-charge of work as to the value of work done shall be final and

conclusive against the contractor, provided always that action shall only be taken after giving notice in writing

to the contactor.

14.2.5 In the event of any one or more of the above courses being adopted by the Engineer-in-charge, 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 engagements or made any advances on account or with a view to the execution of

work or performance of contract. And in case action is taken under any of the provisions aforesaid, the

Contractor shall not be entitled to recover or be paid any sum for any work thereto or actually performed under

this contract unless and until the Engineer-in-charge has certified in writing the performance of such work and

the value payable in respect thereof and he shall only be entitled to be paid the value so certified.

14.3 Termination for Insolvency:

14.3.1 The BSNL may at any time terminate the Contract by giving written notice to the Contractor, without

compensation to contractor, if the Contractor becomes bankrupt or otherwise insolvent as declared by the

competent court provided that such termination will not prejudice or affect any right or action or remedy which

has accrued or will accrue thereafter to the BSNL.

14.4 Optional Termination by BSNL (Other than due default of the contractor):

14.4.1 The BSNL may, at any time, at its option cancel and terminate this contract by written notice to the contractor,

in which event the contractor shall be entitled to payment for the work done up to the time of such cancellation

and a reasonable compensation in accordance with the contract prices for any additional expenses already

incurred for balance work exclusive of purchases and/or whole of material, machinery and other equipment for

use in or in respect of the work.

14.4.2 In the event of the termination of the contract, the contractor shall forthwith clear the site of all the contractor’s

materials, machinery and equipment’s and hand over possession of the work /operations concerned to the BSNL

or as the BSNL may direct.

14.4.3 The BSNL may, at its option, cancel or omit the execution of one or more items of work under this contract and

may part of such item without any compensation what so cover to the contractor.

14.4.4 The action of the Divisional Engineer as per the above sub-clauses shall not be construed as Breach of the

contract.

14.5 Issuance of Notice

14.5.1 The Divisional Engineer in-charge of work shall issue show cause notice giving details of lapses, violation of

terms and conditions of the contract, wrongful delays or suspension of work or show progress to the contractor

directing the contractor to take corrective action. A definite time schedule for corrective action shall be

mentioned in the show cause notice. If the contractor fails to take corrective action within the stipulated time

frame, the Divisional Engineer in-charge shall submit a draft of final notice along with a detailed report to the

competent authority, which had accepted the contract.

14.5.2 The final notice for rescission of contract to the contractor shall expressly state the precise date and time from

which the rescission would become effective. The following safe guards shall be taken while issuing the final

notice:

a) During the periods of service of notice and its effectiveness, the contractor should not be allowed to remove

from the site any material/equipment belonging to the BSNL.

b) The contractor shall give in writing the tools and plants he would like to take away/remove from the site.

Such of the materials as belong to him and which may not be required for future execution of balance work

may be allowed by the Divisional Engineer in-charge of work to be removed with proper records.



c) No new construction beneficial to the contractor shall be allowed.

d) Adequate BSNL security arrangement in replacement of the contractor watch and ward shall be made

forthwith. Expenses on this account are recoverable from the security deposit or any amount due to the

contractor.

14.5.3 "Any notice order or other communication sought to be served on the Contractor with reference to the contract

shall without prejudice to any other mode of service, be deemed to have been served if delivered by hand or

sent by registered post to the office of Contractor at site or to the Contractor's head-office, while any notice or

order or communications by the contractor to be served on Divisional Engineer with reference to the contracts

shall be valid if same is served/delivered by hand or through registered post to the office of Divisional Engineer

at his head quarters."

15. INDEMNITIES:

15.1 The contractor shall at all times hold the BSNL harmless and indemnify from against all action, suits,

proceedings, works, cost, damages, charges claims and demands of every nature and descriptions, brought or

procured against the BSNL, its officers and employees and forthwith upon demand and without protect or

demur to pay to the BSNL any and all losses and damages and cost (inclusive between attorney and diet) and all

costs incurred in endorsing this or any other indemnity of security which the BSNL may now or at any time

have relative to the work or the contractors obligation or in protecting or endorsing its right in any suit on other

legal proceedings. Charges and expense and liabilities resulting from or incidental or in connection with injury,

damages of the contractor or damage to property resulting from or arising out of or in any way connected with

or incidental to the operations caused by the contract documents. In addition the contractor shall reimburse the

BSNL or pay to the BSNL forthwith on demand without protect or demur all cost, charges and expenses and

losses and damages otherwise incurred by it in consequences of any claim, damages and actions which may be

brought against the BSNL arising out of or incidental to or in connection with the operation covered by the

contractor.

15.2 The contractor shall at his own cost at the BSNL’s request defend any suit or other proceeding asserting a claim

covered by this indemnity, but shall not settle, compound or compromise any suit or other finding without first

consulting the BSNL.

16 FORCE MAJEURE:

16.1 If any time, during the continuance of this contract, the performance in whole or in part by either party or any

obligation under this contract shall be prevented or delayed by reason of any war, or hostility, acts of the public

enemy, civil commotion sabotage, fires floods, explosions, epidemics, quarantine restrictions, strikes, lockouts

or act of God (Herein after referred to as events) provided notice of happenings, of any such eventuality is given

by either party to the other within 21 days from the date of occurrence thereof, neither party shall by reason of

such event be entitled to terminate this contract nor shall either party have any such claim for damages against

the other in respect of such non-performance and work under the contract shall be resumed as soon as

practicable after such event a may come to an end or cease to exist, and the decision of the BSNL as to whether

the work have seen 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.

16.2 Provided also that if the contract is terminated under this clause, the BSNL shall be at liberty to take over from

the contractor at a price to be fixed by the BSNL, which shall be final, all unused, undamaged and acceptable

materials, bought out components and stores in the course of execution of the contract, in possession of the

contractor at the time of such termination of such portions thereof as the BSNL may deem fit excepting such

materials bought out components and stores as the contracts may with the concurrence of the BSNL elect to

retain.

17. ARBITRATION:



17.1 In the event of any question, dispute or difference arising under this agreement or in connection there-with

except as to matter the decision of which is specifically provided under this agreement, the same shall be

referred to sole arbitration of the Chief General Manager WTR, Mumbai or in case his designation is changed

or his office is abolished then in such case to the sole arbitration of the officer for the time being entrusted

whether in addition to the functions of the Chief General Manager WTR, Mumbai or by whatever designation

such officers may be called (herein after referred to as the said officer) and if the Chief General Manager, WTR

Mumbai or the said officer is unable or unwilling to act as such to the sole arbitrator or some other person

appointed by the Chief General Manager, or the said officer, The agreement to appoint an arbitrator will be in

accordance with the Arbitration and Conciliation Act, 1996. There will be no objection to any such appointment

that the arbitrator is BSNL Servant or that he has to deal with matter to which the agreement relates or that in

the course of his duties as BSNL Servant he has expressed views on all or any of the matter under dispute. The

award of the arbitrator shall be final and binding n the parties. In the event of such arbitrator to whom the matter

is originally referred, being transferred of vacating his office or being unable to act for any reasons whatsoever

such Chief General Manager or the said officer shall appoint another person to act as arbitrator in accordance

with terms of the agreement and the person so appointed shall be entitled to proceed from the stage at which it

was left out by his predecessors.

17.2 The arbitrator may from time to time with the consent of parties enlarge the time for making and publishing the

award, Subject to aforesaid Indian Arbitration and Conciliation Act 1996 and the Rules made there under, any

modification thereof for the time being in force shall be deemed to apply to the arbitration proceeding under this

clause.

17.3 The venue of the arbitration proceeding shall be the Office of the Chief General Manager, WTR, Mumbai or

such other Places as the arbitrator may decide. The following procedure shall be followed:

17.3.1 In case parties are unable to reach a settlement by themselves, the dispute should be submitted or arbitration in

accordance with contract agreement.

17.3.2 There should not be a joint submission with the contractor to the sole Arbitrator.

17.3.3 Each party should submit its own claim severally and may oppose the claim put forward by the other party.

17.3.4 The onus of establishing his claims will be left to the contractor.

17.3.5 Once a claim has been included in the submission by the contractor, a reiteration or modification thereof will be

opposed.

17.3.6 The “points of defense” will be based on actual conditions of the contract.

17.3.7 The Arbitrator shall not entertain claims in the nature of ex-gratia payments, as these are not contractual.

17.3.8 The question whether these conditions are equitable shall not receive any consideration in the preparation of

“points of defense”.

17.3.9 If the contractor includes such claims in his submission, the fact that they are not contractual will be

prominently placed before the Arbitrator.

The award of the sole Arbitrator shall be final and binding on all the parties to the dispute. 18. SET OFF:

Any sum of money due and payable to the contractor (including security deposit refundable to him) under the

contract may be appropriated by the BSNL or the govt. or any other person or persons contracting through the

“Govt. of India and set off the same against any claim of the BSNL or Govt. or such other person or persons of

payment of a sum of money arising out of this contract made by the Contractor with BSNL or Govt. or such

other person or persons contraction through BSNL/ govt. of India.

(End of Section V)



SECTION VI

SPECIAL CONDITIONS OF CONTRACT

1. GENERAL:

i. The BSNL reserves the right to disqualify such bidders who have a record of not meeting contractual obligations

against earlier contracts entered into with the BSNL.

ii. The BSNL reserves the right to black list a bidder for a suitable period in case he fails to honour his bid without

sufficient grounds.

iii. The BSNL reserves the right to counter offer price(s) against price(s) quoted by any bidder.

iv. Any clarification issued by BSNL, in response to query raised by prospective bidders shall form an integral part of

bid documents and it may amount to amendment of relevant clauses of the bid documents.

v. Bid will be evaluated as single package of all the items given in the price schedule.

vi. All work to be executed under the contract shall be executed under the direction and subject to the approval in all

respects of the Divisional Engineer or Site Engineer in-charge of work site who shall be entitled to direct at what

point or points and what manner they are to be commenced, and from the time to time carried on.

vii. The work in each section may be split up between two or more contractors or accept any Bid in part and not

entirely if considered expedient by the DGMM.

viii. If the contractor shall desire an extension of time of completion of the work on the grounds of unavoidable

hindrance in execution of work or on any other round he shall apply in writing to the Divisional Engineer within 7

days of the date of hindrance on account of which he desires such extension as aforesaid. In this regard the

decision of the DGM M shall be final.

ix. If at any time after the commencement of the work, the BSNL may feel that execution of whole or part of work, as

specified in the Bid is not required to be carried out, then the BSNL shall give notice in writing or the fact to the

contractor who shall have no claim to any payment of compensation whatsoever on account of any profit or

advantage which he might have derived in consequence of the full amount of the work not having been carried out

neither shall he have any claim for compensation by reason of any alterations having been made in the original

specifications, drawings, designs and instructions which shall involve any curtailment of the work as originally

contemplated

x. Whenever any claims against the contractor for the payment of a sum of money arises out of or under the contract,

the BSNL shall be entitled to recover such sum by appropriating in part or whole the security deposit of the

contractor, and to sell any BSNL promissory notes etc., forming the whole or part of such security or

running/Final bill pending against any contract with the BSNL, In the event of the security being insufficient or if

no security has been taken from the contractor, then the balance or the total sum recoverable as the case may be,

shall be deducted from any sum then due or which at any time there after may become due to the contractor under

this or any other contract with BSNL. Should this sum be not sufficient to cover the full amount recoverable the

contract or shall pay to BSNL on demand the balance remaining due.

xi. No official of Gazetted rank or other Gazetted officer employed in Engineering or administrative duties in an

Engineering BSNL or any other BSNL of the BSNL of India is allowed to work as a contractor for a period of two



years after his retirement from BSNL service without the previous permission of BSNL of India. This contract is

liable to be cancelled if either the contractor of any of his employee is found at any time to be such person who

hadn’t obtained the permission of BSNL of India as aforesaid before submission of the engagement in the

contractor’s service as the case may be. Under the above circumstances, such contractor shall not claim any type

of relief or remedy of whatever nature from the BSNL for his illegal act.

xii. In the event of the contractor being, adjusted insolvent or going voluntarily into liquidation of having received

order or other order insolvency act made against him or in the case of company, of the passing of any resolution,

or making of any order for winding up whether voluntarily or otherwise, or in the event of the contractor failing to

comply with any of the conditions herein specified, The DGM shall have the power to terminate the contract with

out any notice.

xiii. Without prejudice to any of the rights or remedies under this contract, if the contactor dies, the DGM Maintenance

on behalf of the BSNL can terminate the contract without compensation to the contractor. However the DGM

Maintenance, at his discretion may permit contractor’s heirs to perform the duties or engagements of the

contractor under the contract, in case of his death. In this regard the decision of the DGM Maintenance shall be

the final.

xiv. In the event of the contractor, winding up his company on account of transfer of merger of his company with any

other, the contractor shall make it one of the terms and stipulations of the contract for the transfer of his properties

and business, that such other person or company, shall continue to perform the duties or engagement of the

contractor under this contract and be subject to his liabilities there under.

xv. Interpretation of the contract document: -

xvi. The representative of the DGM Maintenance and the contractor shall in so far as possible by mutual consultation,

try to decide upon the meaning and intent of the contract document. In case of disagreement the matter shall be

referred to the DGM Maintenance whose decision shall be final. Any change in the contract documents shall be

set forth in writing by the representative of the parties hereto. It shall be the contractor’s responsibility to

thoroughly familiarize all of his supervisory personnel with the contents of all the contract documents.

xvii. The Contractor shall be an independent Contractor and shall have complete charge of the men/women engaged in

the performance of the works to be performed hereunder and shall perform the work in accordance with this own

methods and at his own risk subject to compliance with contract documents. The Contractor shall throughout the

stipulated period of the contract execute the work in the best and most substantial workman like manner and both

as regards material and otherwise in respect, in strict accordance with the contract document or such additional

particulars, instructions and drawings as may be found requisite to begiven during carrying on of the works any

unit person or any one not capable or not properly qualified to properly perform the work assigned to him. The

Contractor shall also not employ in respect of the works any employee that the Divisional Engineer/Site Engineer

may for any reason object to.

xviii. Normally, construction work should be done during the day light hours only. i.e. so long as the natural light

permits good visibility. The work may continue during night hours only in rare cases and that too with prior

concurrence of the Divisional Engineer. This Clause is introduced because the BSNL Staff would not normally be

available during the night hours for supervision. It may also be difficult to locate cable/pipe lines etc. of other user

agencies during night hours i.e. chances of other cables/pipe lines getting damaged are more during night hours

and hence trenching work should not be continued beyond daylight hours and hence trenching work should not be

continued beyond daylight hours.

1.2 Notification:

1.2.1 The contractor shall give in writing to the proper person or authority with a copy to the Divisional Engineer

such notification as may be mandatory of necessary in connection with the commencement, suspension,

resumption, performance and /or completion of the contracted work. All notice shall be given sufficiently in

advance of the proposed operation to permit proper co-relation of activities and contractor shall keep all proper

persons or authorities involved and advised of the progress of operations through out the performance of the

work and/or with such other information and/or supporting figure and data as may from time to time as directed

or required.



1.3 Shut down on account of weather conditions: -

1.3.1 The contractor shall not be entitled to any compensation whatsoever by reason of suspension of the whole or

any part of the work made necessary by the BSNL or deemed advisable on account of bad weather conditions or

other Force majeure conditions.

2. STORES SUPPLIED BY THE BSNL: -

2.1. At no point of time, the contractor shall be issued stores of value more than the contractor’s performance security

as per clause number 5(i) of section V. If at all the work requires more amount of materials to issue to the

contractor, then the security shall suitably be revised before the issue of the store and the contractor will not

have any objection to it.

2.2. The contractor shall transport (including loading and unloading) all stores issued to him from Stores Location as

specified in Bid document, to the site of work at his own cost. The BSNL shall not pay any transportation

charges to the contractor.

2.3. All materials supplied to the contractor by the BSNL shall remain the absolute property of BSNL, shall not be

removed from site of the work except for use in the work, and shall be at all times open to inspection of the

Representative of the DGM Maintenance. In case the materials like cable and accessories are taken delivery of

by the contractor and stored at the site office/store of the contractor such site office/store will also be treated “as

site” for this purpose. Any such materials remaining unused at the time of the abandonment, completion or

determination of the contract shall be returned to the BSNL at a place informed to him by the BSNL, failing

which the cost of the unused materials shall be deducted from the contractor’s material security or any of his

pending bills or from any other security.

2.4. The contractor shall be responsible for the transportation of store, storage and safe custody of all material

supplied to him by the BSNL, which in the contractor’s custody whether, or not installed in the work. The

contractor shall satisfy himself regularly the quantity and quality of the materials supplied to him and he will be

responsible for any subsequent deterioration and discrepancy (inclusive of theft) in the quantity/quality of the

materials.

2.5. The contractor shall submit a proper account every month of all the materials supplied to him by the BSNL and

those consumed for items of work any discrepancy of difference between the materials issued to the contractor

and those consumed in the work as per the “BSNL’s calculation” (which shall be final) will be charged to the

contractor or deducted from his bills at 1.5 times of prevailing standard price including freight, handling

charges, storage charges etc.

2.6. The contractor shall ensure that only the required materials are issued to him. Upon completion of work, the

contractor shall return to the Govt. at the later designated store in good condition, free of charges, any unused

materials that were supplied by the BSNL.

3. EASEMENTS, PERMITS, LICENCES AND OTHER FACILITIES:

3.1. The contractor shall obtain/provide at his own cost all easements, permits and license necessary to do its work

including Right of Way / Way leave permission. The approved bidder shall obtain way leave permission (right

of way) from the concerned road authorities, including permission for working from police/ District authorities.

This will include the works of preparing the requisition for permission along with the necessary drawings as

required by the highway authorities, get the same duly signed by the Divisional Engineer (Maintenance) in

charge of the work, and submit the same to the road authorities. They shall peruse the case on a continuous

basis and get the permission in the shortest time. The rate quoted for trenching shall also includethe charges for

undertaking the work to get permission. No separate rates will be applicable for getting permission.

3.2 The contractor shall get the permission within 30 days of Letter of Intent (LOI). Thisintimation may also be

conveyed telephonically or through telegram in order to reducedelay. The contractor shall forthwith start the

process of survey, preparation andsubmission of application on behalf of BSNL along with relevant drawings to

theconcerned authority, co-ordination for getting permission.



3.3 In case the contractor fails to obtain the permission within the specified time of 30days, from the date of

intimation of the acceptance of tender (LOI), a penalty of will be imposed as per clause no. 13.1 of section V

and deducted from the amounts due to the contractor, astime is the essence of the contract.

3.4 In cases the permission cannot be obtained within 30 days, due to reasons beyond the contractor’s ability, the

time frame can be further relaxed by 15 days or more by DGM, ifthe reasons are found to be genuine, without

imposing of penalty.

3.5 The permission should be obtained in the most cost effective method for BSNL. Thecontractors should peruse

to get the least restoration charges, and get the lowest BTcutting charges. The permission shall be applied under

the supervision of the SDE-incharge,and after satisfaction of the DE-in –charge.

3.6 The restoration charges shall be payable to the highways authorities directly by BSNLon obtaining the estimate

along with written permission; provided

a) The rates are as per standard rates of the respective agency;

b) The stretch of BT/ Berm are not more than the actuals.

c) Width payable shall be for _ 60 cm only. Where the widths being charged bytherespective agency is

higher, the approval of DGM shall be taken.

3.7. The contractor shall be fully responsible for angling and obtaining all necessary easements, permits and licenses,

for moving all construction equipment, tools, supplied materials and men across Railways and Highways, across

public or private road as well as premises of any public utility within the right of user and for bearing all costs

that may be incurred in respect of the same.

3.8. The contractor is to confine his operation to the provided construction “Right of User” unless it has made other

arrangement with the particular property owner and/or tenants such other arrangements shall be entirely at the

responsibility of the, contractor as to cost and arrangement as also breach and claim and shall be entitled with a

copy to the Divisional Engineer.

3.9. The contractor will not be entitled to extra compensation for hardship and increase in cost by the cable trench

being routed adjacent to or across other pipeline, Highways, Railways, telephones or pose poles and wires or

guy wires, embankments, cliffs streams or other obstacles which may physically or otherwise in any manner,

restrict or limit the use of the construction “Right of User”. Some construction and such contingency shall be

deemed to have been providing for in the rates.

3.10. At location where the OF cable trench is routed across or along railways or roads the contractor shall without

extra cost provide and maintain such detours and road controls as are required by the railways or BSNL or local

agencies having jurisdiction.

3.11. If the BSNL is not able to provide above mentioned permits etc. in time then the extension of time limit shall be

provided as per EOT clause given in Bid document.

3.12. Contractor shall keep at his own risk and responsibility all necessary documents as per sub Clause 3.1 above to

do his work on site at all times, for inspection by representatives of BSNL or local bodies.

3.13. "The Engineer-in-charge at his sole discretion may reject without any compensation to the Contractor full or part

of such work done by the Contractor, the Contractor shall also pay all claims, demands and/or any other

expenses arising out from such work done without obtaining necessary documents as per sub Clause above."

4. QUALITY OF WORK:

The BSNL shall be the final judge of the quality of the work and the satisfaction of the BSNL in respect thereof

set forth in the contract documents. Laxity or failure to enforce compliance with the contract documents by the

BSNL and / or its representative shall not manifest a change or intent of waiver, the intention being that,

notwithstanding the same, the contractor shall be and remain responsible for complete and proper compliance

with the contract documents and the specification there in. The representative of the DGM Maintenance has the



right to prohibit the use of men and any tools, materials and equipment, which in his opinion do not produce

work or performance, meet the requirement of the contract documents.

5. TAXES AND DUTIES:

Contractor shall pay all rates, levies, fees royalties, taxes and duties payable or arising from out of, by virtue of

or in connection with and/or incidental to the contract or any of the obligations of the parties in terms of the

contractor documents and/or in respect of the works or operations or any part thereof to be performed by the

contractor and the contractor shall indemnify and keep indemnified the BSNL from and against the same or any

default by the contractor in the payment thereof.

6. PROTECTION OF LIFE AND PROPERTY AND EXISTING FACILITIES:

6.1. The contractor is fully responsible for taking all possible safety precaution during preparation for and actual

performance of the works and for keeping the construction site in a reasonable safe condition. The contractor

shall protect all life and property from damage or losses resulting from his construction operations and shall

minimize the disturbance and inconvenience to the public.

6.2. If the excavation of trench alters the contours of the ground around road and highway crossing in such locations

dangerous to traffic, the contractors shall at his own cost, take all necessary precautions to protect public and

shall comply with all the BSNL regulations as to placing of warning boards (Minimum size 3’ x 2’), traffic

signals, barricades, flags etc., at such location. The contractor shall take due precautions to avoid damages to

other pipe lines, water mains, sewers, telephones, telegraphs and power conduits, laid wires poles and guy

wires, railways, highways, bridges or other underground or above ground structure and/or property crossing or

adjacent to the cable trench being excavated.

6.3. Attention of the contractor is drawn to the rules regarding laying of cables at road crossing, along Railways

Bridges, Highways safety precautions while working in Public Street. The contractor in writing shall obtain the

detailed engineering instructions from the Divisional Engineer of the area.

6.4. The contractor shall be solely responsible for location through approved non-destructive means and ensuring the

safety of all existing underground pipeline, electrical cables, and or other structures.

6.4.1. "No diagrams, details and/or any other relevant documents anyway related with the existing and/or

overhead pipe lines. Telecom cables, Electric cables and/or other structures will be provided by BSNL to

the Contractor."

6.4.2. The contractor shall be solely liable for all expense for and in respect of repairs and/or damage occasioned

by injury of or damage to such underground and above structures or other properties and under take to

indemnify the BSNL from and against all actions, cause of actions, damages, claims and demands what-so-

ever, either in law or in equity and all losses and damages and costs (inclusive between attorney and client),

charges and expenses in connection therewith and/or incidental thereto. The contractor shall take all

responsibilities and risk in crossing other pipelines and cables and shall be responsible for protecting all

such existing pipelines, poles, electric lines, sewers, cables or other facilities from damage by the

contractor’s operation in connection with the work, The contractor without cost of the BSNL shall promptly

repair any damage incurred.

6.5. The current market value of any commodities lost as a result of any damage to the aforesaid existing facilities

shall be paid by the contractor together with such additional sums necessary to liquidate the personal of

property damages, resulting there from.

(End of Section VI)



SECTION VIII Fill Details while awarding the work

AGREEMENT (SAMPLE)

Agreement No.------------------------------------------

Route Name : Jurisdiction of DE OFC WTR Prabhadevi,Mumbai.

The agreement made on this………………… day of (month)…………………… (Year)………………… between M/S

…………………………………………………………………………………………. Herein after called “The Contractor” (which expression shall unless

excluded by or repugnant to the context, include its successors, heir, executors, administrative representative and assignee) of the one part & the Bharat

Sanchar Nigam Limited here in after referred to as the BSNL, of other part.

Where as the contractor has offered to enter into contract with the said BSNL for the execution of work of trenching &pipe laying,

OF cable pulling, OF cable Splicing and termination, Preparation of joint chambers, fixing, painting and sigh writing of route/joint indicators and other

associated works in (the SSA/DET jurisdiction) on the terms and conditions herein contained and the rates approved by the BSNL (copy of Rates

annexed) have been duly accepted and where as the necessary security deposits have been furnished in accordance with the provisions of the Bid

document and whereas no interest will be claimed on the security deposits.

Now these presents witness and it is hereby agreed and declared by and between the parties to these presents as follows.

1) The contractor shall, during the period of this contact that is to say from ………………….. (15 days after agreement date) to a period of one

year (specify one year completion date) or completion of guarantee period for Rs………………………………… (Inwords)

………………………………………………………. whichever is later or until this contact shall be determined by such notice as is hereinafter

mentioned, safely carryout, by means of labours employed at his own expenses and by means of tools, implements and equipment etc to be supplied by

him to his labour at his own expensed, all trenching, pipe laying, cable pulling, cable splicing, joint chamber preparation, filing, painting and sign writing

of route indicators and other associated works as descried in Bid documents (annexed to the agreement), when the BSNL or the DGM M or any other

persons authorized by the DGM M in that behalf require. It is understood by the contractor that the quantity of work mentioned on the schedule is likely to

change as per actual requirements as demanded by exigencies of service

7.2.5.1 The NIT (notice inviting tender), Bid documents (Qualifying and Financial), letter of intent, approved rates, annexed hereto and such other

additional particulars, instructions, drawings, work orders as may be found requisite to be given during execution of the work shall be deemed and taken

to be an integral part of the contract and shall also be deemed to be included in the expression “The Agreement” or “The Contract” wherever herein used.

7.2.5.2 The contractor shall also supply the requisite number of workmen with means & materials as wee as tools, appliances, machines, implements,

vehicles for transportation, cartage etc. required for the proper execution of work within the time prescribed in the work orders.

7.2.5.3 The contractor hereby declares that nobody connected with or in the employment of the BSNL/MTNL/Dept. of Telecommunications/DTS is

not/shall not ever be admitted as partner in the contract.

7.2.5.4 The contractor shall abide by the terms and conditions, rules, guidelines, construction practices, safety precautions etc, stipulated in the Bid

document including any correspondence between the contractor and the BSNL having bearing on execution of work and payments of work to be done

under the contract.

7.2.5.5 The Contractor shall abide by the any changes in the tender condition made during the validity of the contract period which do not has any

financial bearing.

In witness whereof the parties present have here into set their respective hands and seals the day in………………

Above written:

Signed sealed & Delivered by

the above named Contractor in the presence of.

Witness:

1.

2.

Signed & Delivered on behalf of the Bharat Sanchar Nigam Limited by the

Witness :

1.

2.



B. SECURITY DEPOSIT: PERFORMANCE BANK GUARANTEE

(In lieu of performance security deposit payable by the Contractor)

1. In consideration of the DGM M WTR, BSNL (hereinafter called ‘BSNL’) having agreed to exempt

___________________ (hereinafter called ‘the said contractor(s)’) from the demand under the terms and conditions of an

agreement/Advance Purchase Order/ Contract Tender No ________________ dated ____________ made between

_____________________ and __________________ for the supply/ work of _______________________ (hereinafter

called “the said agreement ”), of security deposit for the due fulfillment by the said contractor (s) of the terms and

conditions contained in the said Agreement, on production of the bank guarantee for

_____________________________________we, (name of the bank) _________________________ ( hereinafter refer to

as “the bank”) at the request of ___________________________________ (contractor(s)) do hereby undertake to pay to

the BSNL an amount not exceeding ___________________ against any loss or damage caused to or suffered or would be

caused to or suffered by BSNL by reason of any breach by the said Contractor(s) of any of the terms or conditions

contained in the said Agreement. 2. We (name of the bank) ____________________ do hereby undertake to pay the amounts due and payable under this

guarantee without any demure, merely on a demand from the BSNL by reason of breach by the said contractor(s)’ of any of

the terms or conditions contained in the said Agreement or by reason of the contractors(s)’ failure to perform the said

Agreement. Any such demand made on the bank shall be conclusive as regards the amount due and payable by the Bank

under this guarantee where the decision of BSNL in these counts shall be final and binding on the bank. However, our

liability under this guarantee shall be restricted to an amount not exceeding ___________________________________. 3.We under take to pay to the BSNL any money so demanded notwithstanding any dispute or disputes raised by the

contractor(s)/supplier(s) in any suit or proceeding pending before any court or tribunal relating thereto our liability under

this present being absolute and unequivocal. The payment so made by us under this bond shall be valid discharge of our

liability for payment there under and the contractor(s)/supplier(s) shall have no claim against us for making such payment.

4. We(name of the bank)_________________________ further agree that the guarantee herein contained shall remain in

full force and effect during the period that would be taken for the performance of the said agreement and that it shall

continue to be enforceable till all the dues of the BSNL under or by virtue of the said Agreement have been fully paid and

its claims satisfied or discharged and till the AO WTR BSNL,certifies that the terms and conditions of the said Agreement

have been fully or properly carried out by the said contractor(s) and accordingly discharges this guarantee. Unless a

demand or claim under this guarantee is made on us in writing on or before (Date of expiry: __________________) the

expiry of at least One YEAR (as specified in P.O/ Bid document) from the date hereof (the date of this document), we shall be discharged from all liabilities under this guarantee thereafter.

5. We (name of the bank)_________________________ further agree with the BSNL that the BSNL shall have the fullest

liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said Agreement or to extend time of performance by the said contractor(s) from time to time or to

postpone for any time or from time to time any of the powers exercisable by the BSNL against the said Contractor(s) and to

forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our

liability by reason of any such variation, or extension being granted to the said Contractor(s) or for any forbearance, act or

omission on the part of the BSNL or any indulgence by the BSNL to the said Contractor(s) or by any such matter or thing

whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us.

6. This guarantee will not be discharged due to the change in the constitution of the Bank or the Contractor(s)/supplier(s).

7. We (name of the bank) ____________________ lastly undertake not to revoke thisguarantee during its currency

except with the previous consent of the BSNL in writing.

Dated the ________________ day of _______

for __________________________________

(indicate the name of bank)



SECTION IX

LETTER OF AUTHORISATION FOR ATTENDING BID OPENING

NIT Number & Date_____________________________________________________________________

Tender Number_________________________________________________________________________

Subject:Authorisation for attending bid opening on __________________________(date) in the tender of

________________________________________________________________________

Following persons are herby authorized to attend the bid opening for the Bid mentioned above on behalf of

______________________________________________________________________________ (Bidder) in order of

preference given below.

Order of Preference Name Specimen Signatures

I

II

Alternate

Representative

Signatures of bidder

Or

Officer authorized to sign the bid

Documents on behalf of the bidder.

No. 1. Maximum of two representatives will be permitted to attend bid opening. In cases where it is restricted to

one, first preference will be allowed. Alternate representative will be permitted when regular representatives are not able to

attend.

2. Permission for entry to the hall where bids are opened may be refused in case authorization as prescribed

above is not recovered.



SECTION X

LIST OF THE DOCUMENTS TO BE SUBMITTED ALONG WITH

QUALIFYING BID

The tenderer will have to summit the following documents/deposits with the Technical Bid. All the

pages of Bid Document and the Documents attached with the Bid must be Signed or Self

Attested by the Bidder. Any bid not accompanying the below mentioned documents/deposits will be

liable to be rejected;

Please refer Eligibility Criterion Page 2.

1. Bid Security in accordance with the Bid document.

2. Bid document (s), in original, duly filled in and signed by Bidder or his

authorized representative along with seal on each page. All corrections and

overwriting must be initialed by the Bidder or his authorized representative.

3. The copy of Experience certificate issued by the competent authority.

4. PAN card and the copy of latest income tax return certificates issued by CA.

5. The registration of the firm (copy of partnership deed in cases of partnership

firm as the case may be.)

6. Bid Form, duly filled in, as per section II.

7. Bidder’s profile duly filled in, as per section III of the Bid document.

8. Original “Power of Attorney” in case person other than the Bidder signed the

documents. The power of attorney should be for specific work and not general

power of attorney. Tender is liable to be rejected if power of attorney is not

submitted accordingly.

9. EPF Registration

10. Service tax registration

11. ESIC registration

12. Labour Licence registration

