BHARAT SANCHAR NIGAM LIMITED - Synise … type of work in BSNL / MTNL/DOT/ State or central government/ any PSU for at least Twelve months on rate running contract basis during last

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A.G.M.(PLG) Signature of Tenderer with seal

O/o the TDM Palanpur

ISSUED TO: - ___________________________________________

TENDER NO: - ET- 29/Tender/ U.G.Cable laying & Allied work for Development /

Construction & Maintenance work dated 08.11.2016

BHARAT SANCHAR NIGAM LIMITED (A GOVT. OF INDIA ENTERPRISE)

OFFICE OF THE TELECOM DISTRICT MANAGER TELECOM DISTRICT

PALANPUR,

NEW TELEPHONE EXCHANGE BUILDING, JORAWAR PALACE,

PALANPUR - 385001


Construction & Maintenance work dated 08.11.2016

Tender form fee Rs. 1000/- (Non refundable)

TENDER DOCUMENTS

For

U.G.Cable laying & Allied work for Development / Construction & Maintenance work in

Palanpur SSA

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TABLE OF CONTENTS

INDEX

Section contents Page No

------------------------------------------------------------------------------------------------------------------------------- Part – A Technical Bid 01 – 52 I NIT 03 -04 II BID Form 05 III Tenderer’s Profile 06 IV Definitions of Contract/Department 07-08 V Eligibility condition for bidding 09-10 VI General Terms & Condition of Tender 11-16 VII Scope of Work 17-23 VIII General (Commercial) condition of contract 24-34 IX Special Terms & condition of contract 35 - 44 X Declaration regarding near relative 45 XI Check List 46 XII E-Tendering instruction to bidder 47 - 50 Annexure A Performa for performance Security Guarantee bond 51 Annexure B Draft for Agreement 52 Annexure C Undertaking & Declaration 53 Annexure D Mandate Form 54 Annexure E` Clause by Clause compliance certificate 55 XIII Scale of payment for less digging 56 XIV Rates of Empty Cable drum 57

Part – B Financial Bid 58 - 63 XV Schedule of Rates 58 - 62 XVI Rate Sheet 63

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BHARAT SANCHAR NIGAM LIMITED (A Govt. of India Enterprise) O/OTELECOM DISTRICT MANAGER TELECOM DISTRICT,

NEW TELEPHONE EXCHANGE BUILDING,

JORAWAR PALACE, PALANPUR – 385 001

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

Notice Inviting Tender SECTION – I


Construction & Maintenance work dated 08.11.2016 For and On behalf of BSNL, online tenders are invited from reputed & experienced contractors by TDM Telecom District, Palanpur for Underground Cable laying & allied works for Development / Construction & Maintenance work in the jurisdiction of TDM Palanpur. Details are as under

S.

No

Name of area

of work

Tender No. Estimated cost

of work in Rs.

Cost of Bid

document (Non

refundable) in

Rs.

Bid

security

(EMD)

in Rs.

1 Palanpur SSA

TENDER NO:- ET-

29/Tender/ U.G.Cable

laying & Allied work for

Development /

Construction &

Maintenance work dated

08.11.2016

______________

Rs 3793216/- 1000/- 94830/-

Tender document download date & Time: From 10:30 Hrs. of 16.11.2016 to 17:00 Hrs. Of 07.12.2016 Date & Time for online bid submission : Up to 14:00 Hrs. on 08.12.2016 Date & Time of online bid opening : Date 08.12.2016 From 15.00 Hrs. onward. Eligibility for bidding:- Bidder should have experience of labour intensive work of OF Cable laying / U/G cable laying / Electric cable laying/ similar type of work in BSNL / MTNL/DOT/ State or central government/ any PSU for at least Twelve months on rate running contract basis during last five financial years or at least 5 Kms. Length of these work during last five financial years or at least 2 lakh amount of these work during last five financial years. The experience certificate must be issued under the signature not below the rank of AGM / DE / STS level officer/ Class-I officer of Central / state Government. If bidder has experience of similar type of work in private operator, then experience certificate must be issued under the signature equivalent to the rank of AGM / DE level officer.

Minimum validity of tender offer: - 180 days from the date of tender opening. 1. Duration of contract: One year from the date of Award of Contract with an option of extension for a further period of

first Three months unilaterally by BSNL at the same rates, terms & conditions & another period of Three months with mutual consent of both sides at the same rates, terms and condition.

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Tender document should be downloaded from the website: www.gujarat.bsnl.co.in. or www.bsnl.co.in The bidder can participate in the e-tender by downloading e-tender from website https://eprocurement.synise.com/bsnl1/gujarat From 10:30 Hrs. of 16.11.20166 to 17:00 Hrs. Of 07.12.2016. Note: The tender document shall not be available on

https://eprocurement.synise.com/bsnl1/gujarat for download after its closing date & time as

mentioned in NIT.

2. The bidder are required to submit the tender fee Rs.1000/- (Rs. One thousand only) [Non-Refundable] through

demand draft from any nationalized / scheduled bank in favor of Accounts Officer (Cash), BSNL, O/OTelecom District Manager Palanpur payable at Palanpur. Non receipt of bid form fee in prescribed mode of payment will disqualify the bidder and bid uploaded online will be summarily rejected.

3. BSNL does not own any responsibility for any discrepancies or alteration / omission in the contents of tender document while downloading from the website or otherwise. Contract documents will be prepared based on the master copy of tender document available in the office and the same will be binding on the contractor. If any change found in tender document submitted by the tenderer at any stage will be treated as fraud done to the BSNL and will be subject to the cancellation of agreement done (if any) and appropriate action will be taken against the tenderer.

4. BSNL has decided to use process of e-tendering process for inviting this tender and thus the physical

copy of the tender would not be sold.

5. The BSNL reserves the right to disqualify such bidders who have a record of not meeting contractual obligation against earlier contracts entered into with the BSNL Palanpur.

6. TDM Palanpur reserves the right to cancel the tender at any stage without assigning any reason.

http://www.gujarat.bsnl.co.in/

http://www.bsnl.co.in/

https://eprocurement.synise.com/bsnl1/gujarat


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SECTION – II

BID FORM

To, The Telecom District Manager Palanpur Sir, With reference to e- tender notice TENDER NO:- ET- 29/Tender/ U.G.Cable laying & Allied work for Development / Construction & Maintenance work dated 08.11.2016

1. I/we have read and understood all the terms and conditions mentioned in the tender form and agree to abide by all conditions laid down therein.

2. Bid submitted by us online as per condition.

3. We agree to abide by this Bid for a period of 180 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.

4. The firm has not bid for this tender under any other name

5. I/we understand that TDM Palanpur can reject the tender without assigning any reason thereon. The decision of the TDM Palanpur will be the final in all cases.

6. 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.

7. EMD is deposited and its original demand draft / Cash receipt is attached.

8. Rates offered by me/us are given online in the financial bid.

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

10. We undertake, if our Bid is accepted, we will comply with all the mandatory provision of labour laws, EPF, ESI & Misc provision Act & Employer Provident Scheme in respect of Labours/Employees engaged by me for performing the work under the contract as per terms and conditions stipulated in the tender document.

11. Until a format Agreement is prepared and executed, this Bid together with your written acceptance thereof in your notification of award shall constitute a binding contract between us.

12. I / we hereby declare that my firm is not Black Listed by any SSA / Circle of BSNL. Signature of Party with rubber stamp & date

Full Name (In block letters) __________________

Capacity in which signed _____________________

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SECTION – III

TENDERER’S PROFILE

Passport size Photograph of the

Tenderer / authorized

Signatory holding Power of Attorney

1. Name of the tenderer /firm ______________________________________

2. Name o the person submitting the tender. Shri ______________________ (In case of proprietary/partnership firms, the tender has to be signed by Proprietor/Partner only, as the case may be)

3. Address of the firm. _____________________________________________

4. Tel. No. (With STD code) (O)………………… (Fax)……………… (R)………………

5. Registration & incorporation particulars of the firm: (please Tick as applicable) (i)Proprietorship (ii) Partnership (iii) Private Limited Co. (iv) Public Limited Co. (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 _______________________________________ 7. Income tax PAN Number of the party/Firm ______________________

(Please attach a copy of PAN card & copy of last income tax return of firm)

8. My Service tax registration number is ________________________________

9. My EPF Registration No. _______________________________________

10. Banker & A/C No. of tenderer :_______________________

11. Infrastructure capabilities: i. Capacity of engaging mazdoors per day ________________ ii. Capacity of trenching per day (in meters) ________________ iii. Capacity of pulling cable per day (in meters) ________________

12. Particulars of machines possessed by the contractor which can ___________________________________ help in trenching through HDD method (Whether it is own or leased ?) (Please attached the documentary proof of your own machine or lease deed)

13. Tenderer will submit the attested copy of the PAN card/Election Commission I-Card/Passport of the proprietor or authorized signatory in case of proprietor 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.(Photograph and the signature of the authorized signatory should be duly attested by the proprietor or the partners/Director). I/we hereby declare that my firm is not Black Listed by any SSA/circle of BSNL and the information furnished above is true and correct.

Place: Signature of tenderer / authorized signatory with seal Date:

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SECTION – IV Definitions of Contract and BSNL

The CONTRACT means the documents forming the tender and acceptance thereof and the formal agreement executed between the BSNL and the CONTRACTOR together with the documents referred to therein including the conditions of CONTRACT the specifications, designs, drawings and instructions issued from time to time by the TDM Palanpur and all these documents taken together shall be deemed to form one contract and shall be complimentary to one another. In the CONTRACT, the following expressions shall, unless where the context otherwise required, have the meaning hereby respectively assigned to them.

a) BSNL:-The BSNL means the Bharat Sanchar Nigam Limited, Telecom District Palanpur under the Ministry of Communications, which invites the tenders on behalf of BSNL, Gujarat Telecom Circle, Ahmedabad. All references of

(i) BSNL (ii) Telecom District Manager (iii) Deputy Telecom District Manager / Area Manager (iv) Divisional Engineer (v) Sub Divisional Engineer (vi) Junior Telecom Officer (vii) Chief Accounts Officer (viii) Senior Accounts officer (ix) Accounts Officer (x) 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, Govt. of India.

b) The SSA Head :- means the Head of SSA - Telecom District Manager Palanpur and his successors. c) The jurisdiction of the SSA Head: - The jurisdiction of the SSA Head means Telecom District Palanpur, which

coincide geographical area of Telecom District Palanpur d) Representative of the SSA Head :- Representative of the SSA Head means Officer and staff for the time being in

Telecom District Palanpur, deputed by the Telecom District Manager Palanpur for inspecting or supervising the work or testing etc..

e) Engineer-in-charge : The Engineer-in-charge means the Engineering Officer nominated by the BSNL to supervise the work under the contract. (Minimum Divisional Engineer level Officer).

f) Site Engineer:- Site Engineer shall mean an SDE or JTO of the BSNL who may be placed by the Telecom District Manager Palanpur as in- charge of the work at site at any particular period of time.

g) A/T Unit : A/T Unit shall mean Acceptance and Testing unit of the BSNL. A/T will be done only for the development work.

h) A/T Officer: An officer authorized by the BSNL to conduct Acceptance and Testing. i) 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.

j) 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.

k) Contract : The term contract means, the documents forming the tender and acceptance thereof and the formal agreement executed between the competent authority on behalf of the BSNL and the contractor, together with the documents 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 one 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 context repugnant to such construction, be construed or

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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) 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.

m) 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

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 means the date of actual commencement of work or 7th 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 are defined as:

Members of Hindu Undivided family,

They are husband and wife,

The one is related to the other in the manner as father, mother, son(s) and son’s wife (daughter-In-law), daughter(s) and daughter’s husband (son-In-law), brother(s) and brother’s wife (sister-In-law), sister(s) and sister’s husband (brother-In-law).

`

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SECTION – V

Eligibility conditions for bidding and Documents to be submitted for eligibility

Eligibility conditions:

A. Bidder should have experience of labour intensive work of U/G cable laying/ OF Cable laying/Electric cable laying/ similar type of work in BSNL / MTNL/DOT/ State or central government/ any PSU/Private Telecom Operator for at least Twelve months on rate running contract basis during last five financial years or at least 5 Kms. Length of these work during last five financial years or at least 2 lakh amount of these work during last five financial years. The experience certificate must be issued under the signature not below the rank of AGM /

DE / STS level officer/ Class-I officer of Central / state Government. If bidder has experience of similar type of work in private operator, then experience certificate must be issued under the signature equivalent to the rank of AGM / DE level officer.

B. Documents to be submitted / uploaded with Technical bid for Eligibility: Bidder has to submit / upload the following Documents/Certificates along with the online technical bid..

a) Bid Security (Earnest Money Deposit) as per Clause 17 of Section - VI b) Tender document to be uploaded dully filled in and digitally signed along with seal on each pages by bidders or his

authorized representative c) In case of Proprietorship firm:-

i. Copy of Registration of firm or copy of shop act license or copy of service tax registration or copy of sale tax registration OR

ii. An affidavit to be furnished that “he is the sole proprietor of the firm and he is accountable to all tax liabilities of the said firm” (It should be on Non judicial stamp paper duly attested by a Notary Public or registered before Sub-Registrar of the State(s) concerned

d) In case of company:- i. Copy of Memorandum of Article.

e) In case of partnership firm:- i. Authenticated copy of partnership deed ii. No objection certificate from all other partners in case partnership firm.

f) Power of Attorney in case of person other than the Bidder has signed the documents. The power of attorney should be for specific work and not general power of attorney. The power of Attorney should be submitted and executed on the non-judicial stamp paper of appropriate value and the same be attested by a Notary Public or registered before Sub-Registrar of the State(s) concerned

g) Latest Solvency certificate (not older than one year from the date of NIT) from any Nationalized/Schedule bank for Rs. 5 Lacks. OR he will be required to submit the required bank solvency certificate before award of contract.

h) Bid Form duly filled in (Performa given in Section – II) i) Tenderer’s profile duly filled in (Performa given in Section – III) j) Declaration regarding any near relative not working in BSNL (Performa given in Section – X)

i. In case of proprietorship firm, declaration will be given by the proprietor ii. In case of partnership firm, declaration will be given by all the partners iii. In case of limited company, declaration will be given by all the Directors of the company

k) Experience certificate issued by the competent authority as mentioned in eligibility condition. l) Bidder should submit the copy of Service Tax Registration Certificate if available OR he should give the undertaking

that he will submit the Service Tax Registration Certificate before execution of Agreement m) Bidder should submit the copy of EPF/ESI Registration Certificate if available OR he should give the undertaking that

he will submit the EPF/ESI Registration Certificate before execution of Agreement. n) The bidder shall furnish a latest & valid NSIC / MSME certificate (if applicable) as a part of his bid documents for

establishing the bidder’s eligibility.

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Note:- 1. All the copies of submitted documents / certificates should be duly self-attested by the bidder. At the time of

online submission of bid, the scan copy of all the above said documents must be uploaded along with tender document. In case the bidder is unable to upload any of the documents listed above, he may submit the same physically. However EMD & Cost of tender document will be submitted in original in physical form.

2. The original documents may be called for as & when required for verification. Any tenderer participating in this tender should make sure that he will be able to ensure progress of the work up to departmental need.

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SECTION – VI

GENERAL TERMS AND CONDITIONS OF TENDER 1. Sub-contracting will amount to breach of contract. 2. The Contractor must read carefully all the Instructions, General Terms & Conditions of tender, Scope of Work,

General (commercial) conditions of contract, Special Terms & Conditions of contract given in the tender document and also go through the Cable construction practice- manual (Section – XIII) before uploading the Bid document and his quotation. The bidder is expected to examine all instructions, forms, terms, conditions and specifications mentioned in the bid documents. Failure to furnish all information required as per the Bid Documents and 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.

3. Regarding participation of near relatives of BSNL employees in the Tender / Execution of works in BSNL Units:- It has been decided that the near relatives of BSNL employees either directly recruited or on deputation are prohibited from participation in tender and execution of works in the different units of BSNL. The detailed guidelines in this regard are given in the following paragraphs

(a) The near relatives for this purpose are defined as i. Members of a Hindu Undivided family, ii. They are husband and wife, iii. 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) (b) As per Government of India’s CCS Conduct rule, 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 Archt./corporate Office under whom 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 whom he is posted.

(c) 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 Engineer /Chief Archt./ Corporate office for executive employees (including those called as Gazetted officers at present). Therefore, it has been decided by the competent authority that 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. In case of proprietorship firm certificate will be given by the proprietor, for partnership firm certificate will be given by all the partners and in case of limited company by all the Directors of the company. 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 damage to the company or firm or the concerned person. The company or firm the person will also be debarred for further participation in the concerned unit.

(d) The declaration duly signed that tenderer having no relatives employed in BSNL should be enclosed with tender form (As per Performa given in Section - X)

4. The firm/party BLACK LISTED by Central Government/State Government or any unit of BSNL shall not be eligible for bid and the tenderer black listed by Central Government/State Government or any unit of BSNL suppression of this information at the time of filling of tender and subsequently will amount to automatic rejection and forfeiture of all deposits at any stage.

5. Any attempt to negotiate directly or indirectly by tenderer with the authority to whom the tender is submitted to or with the authority who is competent to accept the tender or endeavors to secure interest for actual or prospective tender or influence by any means will disqualify the tender and same will be rejected and action to black list the tenderer will be taken by competent authority.

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6. It is to be specifically noted that, the government wants the work to be done simultaneously in as many areas as possible so that the work can be completed in the shortest possible time. Keeping departmental interest in mind TDM Palanpur has full discretion to award the entire or part of the work in any part of the city to one or more contractors at any time or to carry out departmentally or through any other agency.

7. TDM Palanpur is not bound to accept the lowest tender and reserves the right to accept or reject any or all tenders without assigning any reasons what so ever.

8. BID DOCUMENTS: The Bid documents include: Part – A : Technical Bid (SECTION – I to SECTION - XIV and Annexure – A To Annexure - E) Part – B : Financial Bid (SECTION – XV to SECTION - XVI )

9. The quantities/figures indicated in the tender schedule are approximate and are subject to change. Any change effected shall be binding on the tenderer/Contractor as though included in the original tender schedule and any such change will not make the agreement void and it is therefore, essential that the tenderers, examine all the documents carefully and not commit any mistake in analyzing the rates quoted and remain binding not withstanding any changes as aforesaid. No revision of tender rates shall be considered on any ground whatsoever.

10. The quantities indicated in tender 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.

11. Queries on bid documents: a) A prospective bidder, requiring any clarification of the Bid Documents shall notify the BSNL in writing or by FAX at the

BSNL’s mailing address mentioned in the tender document. The BSNL shall respond in writing to any request for clarification of the Bid Documents, which if received not later than 7 days prior to the date for the opening of the bids. This date shall prevail over the corresponding date for submission of queries appearing on e-tender portal at any time. Copies of the query (without identifying the source) and the clarifications by the BSNL shall be uploaded on BSNL website as clarification. On e-procurement portal of Gujarat Circle Portal, clarification shall be available as “ADDENDUM”, for all the prospective bidders who have downloaded the official copy of tender document from e-procurement portal of Gujarat Circle.

b) Any clarification issued by BSNL, in response to query raised by prospective bidders shall form an integral part of bid documents and it shall amount to amendment of relevant clauses of the bid documents.

12. Amendment of bid document: a. At any time, prior to the date for submission of bids, the BSNL may, for any reason whether sue motto or in response

to a clarification request by a prospective bidder, modify the bid documents by amendments with due notification to prospective bidder.

b. The amendments shall be notified in writing by post or by FAX or email or by ADDENDUM through e-tendering portal (for tender invited through e-tendering process) to all prospective bidders on the address intimated at the time of submitting the e-tender online and this amendment will be binding on them.

c. 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.

d. In case of tender document downloaded from the official web site, the tenderer should submit the required cost of bid document as prescribed in the form of DD 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 staged, 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 tenderer.

13. Cost of Bidding: The bidder shall bear all costs associated with the preparation and submission of the bid. The BSNL, will in no case, be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process.

a) Bid Security ( Earnest Money Deposit): b) Bid Security (EMD) for each zone as prescribed and indicated in the NIT is to be deposited AGM(PLG) O/OTDM

Palanpur room no 109 1st floor jorawar palace, Palanpur-385001 in sealed cover (by packing PVC Tape/ Wax) in the form of Demand Draft drawn on any Nationalized/Schedule bank, payable at Palanpur and drawn in favour of the Accounts Officer (cash) BSNL,O/OTDM Palanpur individually or combined for only those zones in which he wants to

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quote the rates and participate. The bidders can participate in any number of zones. The said sealed cover to be marked as “BID SECURITY (EMD) + Bid cost”.

c) The scan copy of Demand Draft for payment of EMD should invariably be uploaded with the technical bid. Bid

without EMD payment will be rejected at the opening stage itself. However, the NSIC / MSME bidders are exempted from payment of bid security with following condition. i) A proof regarding valid registration with body specified by ministry of MSME for the tendered items will

have to be attached along with the bid. ii) The enlistment certificate issued by MSME should be valid on the date of opening of tender. iii) MSME unit is required to submit its monthly delivery scheduled.

d) The EMD (Bid security) of the successful bidder will be converted in to part of Performance Security Deposit as per clause 6(B) of Section - VIII

e) The EMD of unsuccessful bidders will be refunded without any interest within reasonable time after finalization of the tenders, normally within six months from the date of Finalization.

f) The bid security (EMD ) shall be forfeited: i. If a bidder withdraws his bid during the period of bid validity specified in the bid document. ii. If the bidder makes any modifications in the terms and conditions of the tender before acceptance of the tender,

which are not acceptable to the BSNL. iii. If a bidder fails to accept the tender offer, if his/ their tender is accepted. EMD for only that particular zone/zones will

be forfeited in which bidder failed to accept the offer. iv. In case of a successful bidder, the bid security (EMD ) shall be forfeited if the bidder fails;

To deposit the Security Deposit.

To sign the agreement. v. In both the above cases, the bidder will not be eligible to participate in the tender for same item for one /more years

from the date of issue of LOI. The bidder will not approach the court against the decision of BSNL in this regard. 14. Method of submitting following documents in original

Following original documents are to be submitted offline i.e in hard copy in properly wax/packing PVC tape sealed envelope marked “Form Fee (+) EMD” and forwarded to AGM(PLG) O/OTDM Palanpur room no 109 1st floor jorawar palace, Palanpur-385001, which should reach before 14:00 Hours on dated 08.12.2016. (a) Demand Draft of Tender Form Fee Rs 1000.00(non refundable)

(b) Demand Draft of EMD as mentioned in NIT

(c) Power Of Attorney

Note: - The bidder has to upload the scanned copy of all above said documents as bid annexure during online bid submission. In case of NSIC/MSME registered bidder has to upload the scan copy of latest and valid NSIC/NSME certificate as part of bid document for establishing the bidder’s eligibility.

15. SUBMISSION OF BID: -

a) The person(s) signing the tenders shall state in what capacity they are signing the tender. In case the tender is not signed by sole proprietor or all the partners of the company; the person(s) should enclose a certificate to the effect that he/they is/are authorized to sign the tender and the terms and conditions signed by him/them will be binding on the firms. The tenderer should also sign wherever cutting/ over writing is there in the tender document.

b) Tender should be uploaded on https://eprocurement.synise.com/bsnl1/gujarat on or before 14.00 Hrs. of 08.12.2016.

c) Bid must be submitted by the bidder through e-tendering mode only. Manual submission of bid shall not be considered.


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d) No bid shall be accepted either online by the e-tender portal of Palanpur SSA or physically incase manual bidding process, after the specified deadline for submission of bid.

16. Examination of work site by bidder: a) It is implied that the Bidder/Contractor has inspected the site and satisfied himself to the nature, magnitude &

locations of work, general and local conditions regarding transportation, handling and storage of materials, including the surface strata, the soil, sub soil, the surrounding, 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 has satisfied himself before making the offer

b) It must be noted that the type of soil in the section at various stretches as assessed by the BSNL 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.

17. Opening of Bids by the BSNL: a) Tender shall be opened online on due date 08.12.2016 at 15.00. in the chamber of AGM(PLG) O/OTDM Palanpur

room no 109 1st floor jorawar palace Palanpur in the presence of tenderers or their authorized representatives. Maximum of 02 representatives of any bidders shall be authorized and permitted to attend the bid opening.

b) If the tender opening date will be declared as holiday, the tender will be opened on next working day, time and venue will remain unaltered.

c) The bidder’s representative, who is 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.

d) Whenever it is considered necessary to postpone the opening date of tender, quick decision shall be taken and communicated on our website www.gujarat.bsnl.co.in & www.bsnl.co.in &

https:/eprocurement.synise.com/bsnl1/gujarat and shall be at least one day before the original date of

opening. e) First envelope marked “Form Fee + EMD” shall be opened first and examined. The bidders who have submitted

proper form fee and EMD as per Bid document, their “Qualifying bid (Technical bid)” shall be opened online on the date of tender opening given in NIT.

f) The financial bid of those bidder whose technical bids are approved by competent authority, will be opened by TOC in front of Techno Commercially eligible bidders / authorized representative by sending them suitable notice.

18. Any clarification on details of the work can be obtained from AGM(PLG) / SDE (PLG) before one week from the date specified for opening of the tender.

19. Modification and Withdrawal of bid: The bidder may modify or withdraw his bid online after submission prior to dead line prescribed for submission of bid. If a bid is withdrawn, the same shall be archived unopened in the e-procurement portal of Gujarat Circle. The bidder can make modification or withdrawal of his bid physically but bidder has to send withdrawal notice by fax, followed by a sign confirmation copy post marked not later than the dead line for submission of bid. No bid shall be allowed for modification subsequent to the dead line for submission of bid.

20. Clarification of bids by the BSNL: To assist in examination, evaluation and comparison 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. 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.

21. Period of validity of bid: Bid shall remain valid for 180 days from date of opening of the bid (Qualifying Bid).Bid for a shortage period shall be rejected as non-responsive. The BSNL reserves the right to request the lowest 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

http://www.gujarat.bsnl.co.in/

http://www.bsnl.co.in/

http://gujaratbsnl.abcprocure.com/

http://gujaratbsnl.abcprocure.com/

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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.

22. 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. Prior to the detailed evaluation, the BSNL will determine the substantial responsiveness of each bid to the bid document. 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.

c. A bid, determined as substantially non responsive, will be rejected and shall not subsequent to the bid opening be made responsive by the bidder by correction of the non-conformity.

d. 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.

e. If any of the documents, required to be submitted along with the technical bid, is found wanting, the offer is liable to be rejected at that stage. However, the purchaser at it’s discretion may call for any clarification regarding the document. The purchaser at it’s discretion may also ask for the submission of any additional/missing document(s) within a stipulated time period. In such case(s), the bidder shall have to comply the purchaser’s requirement within the specified time. In case of non-compliance to such quires, the bid will be out rightly rejected without entertaining further correspondence in this regard.

f. 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 Palanpur.

23. Evaluation and Comparison of substantially responsive bids: a. For Technical Bid: - The BSNL shall evaluate in detail and compare the bids previously determined to be

substantially responsive and the bidder who had fulfills all initial terms and conditions of the tender will be considered as eligible bidder. Financial bid of eligible bidders only will be considered for opening. Date of financial bid opening will be intimated to all eligible bidders. 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.

b. For Financial Bid: -The evaluation will be done zone wise separately as per the rates quoted online by the bidder in financial bid on percentage basis, above, below or at par or SOR and L-1 shall be decided zone wise separately who has quoted the lowest rate in particular zone in financial bid. The bidder can participate in any number of zones.

24. Any tender with conditions other than those specified in the tender document is liable to be summarily rejected. No modification by the contractor in any of the conditions will be permitted after the tender is opened.

25. Contacting the BSNL: 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.

26. Issue of Letter of Intent (LOI): a. The issue of letter of intent shall constitute the intention of the BSNL to enter in to the contract with the successful

bidder. Letter of intent will be issued as an offer to the successful bidder. b. The bidder shall within 15 days of issue of letter of intent, give his acceptance along with Security Deposit as

mentioned in para 6 of Section – VIII. 27. Award of contract & Work:

a) The BSNL shall consider award of contract only to those eligible bidders whose offers have been found technically, commercially and financially acceptable for respective zone/zones. Normally the bid of the tenderer who quoted lowest rate (as mentioned in financial bid) will be accepted.

b) However the BSNL reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids, at any time prior to award of contract without assigning any reason whatsoever and without thereby incurring any liability to the affected bidder or bidders.

c) The BSNL reserves the rights to disqualify such bidder who have a record of not meeting contractual obligations against earlier contract enter in to with the BSNL.

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d) The BSNL reserves the right to award the work in any area to a single contractor or split the work among two or more contractors should it be considered that single contractor may not be able to deliver the desired output. The assessment of TDM Palanpur in this regard shall be Final and binding.

e) If the work in one area is awarded to more than one contractor, the demarcation of the work among the various contractors shall be decided by TDM Palanpur and the demarcation will be communicated in writing to the concerned tenderer.

f) Normally the amount of SD will remain unaltered in all cases mentioned above. 28. Signing of Agreement:

a) The successful tenderer will have to execute an agreement on a non-judicial stamp paper of Rs. 100/-(the cost of the stamp to be borne by the tenderer) in the prescribed form to effect that the tenderer is bound by the terms and conditions of the agreement.

b) 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 Security Deposit

29. Annulment of award: Failure of the successful bidder to deposit Material Security Deposit and Signing of Agreement 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 BSNL or call for new bids.

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SECTION – VII

SCOPE OF WORK The items of work involved in UG cable Development / construction & Maintenance work are as under.

a) Excavations of trench:-

For 10 Pr. U/G Cable and above: As per BSNL policy, U/G Cable to be buried at the Depth of 100 cm and having trench size as Top width 45 cm & Bottom width 30 cm (As per the construction manual)

For 5 Pair U/G Cable: As per BSNL policy, 5Pr Cable to be buried at the Depth of 60 cm and having trench size as Top width 45 cm & Bottom width 30 cm (As per the construction manual)

b) Laying and Pulling of Cables in Trenches or through Pipes/Ducts. Also, laying & fixing of GI Pipes on Bridges and Culverts. Recovery of old directly buried cables /

c) Placing of Warning / Protection Layer viz half round RCC Pipes/Stone slabs/Pre Cast RCC slabs/Layer of Bricks as per requirement..

d) Back filling and compacting of the excavated trenches according to construction specifications and removal of excess earth from the site. The reinstate to cable trench work to its original shape

e) Road crossing through horizontal boring method as & when required to avoid road cutting f) Construction of pillar foundations & Erection of pillar/D.P/C.T Box as per BSNL slandered. g) Termination of cable in MDF/pillar/D.P/C.T Box as per BSNL slandered. The terminal strips & Crone type modules

should be fixed in DP or cabinet / pillars as per requirement. h) Painting and sign writing of pillars/DPs/CT Box as per BSNL norms and instruction of field officer. i) Teeing work, Jointing and end-to-end Testing of cables-Correspondence and Electrical tests. Different type of jointing

kits should be used as per departmental standards. All joints should be closed after putting proper protection. j) Digging of pits for maintenance work etc manually or through JCB if instructed by field officer. k) Documentations (Three copies = one Set) --- Free of Cost.

2. Wherever necessary, obtaining permission for Trenching and pipe laying work etc., from the NHAI/PWD/Local bodies shall be the responsibility of the successful contractor. However, during this process if any compensation such as reinstatement charges is required to be deposited to the concerned authorities, the BSNL will make the payment after getting the relevant documents/letters from the authorities.

3. ISSUE OF WORK ORDERS AND TIME LIMIT: a) The work orders shall be issued by the Divisional Engineer in-charge in prescribed Performa to the contractor for the

works specified in the tender after examining the technical and planning details of the works to be executed. b) In each work order, the work order issuing authority shall specify the time allowed for completion of work after seeing

the quantum of work, store availability position and urgency of work. c) The work order shall be issued so as to include all items of works of one or more primary cable(s) in large exchange

systems ( MDF to pillar and/or pillar to DPs) or for entire exchange area in case of small and medium exchange. The idea behind issuing work orders in this way is to ensure that the network becomes ready from MDF to pillar and/or pillar to DPs for release of connections on completion of work entrusted against the work order. This makes it possible for ensuring end-to-end testing of cable pairs. The contractor shall organize the work in such a way so as to deliver meaningful output of requisite quality within shortest possible time. If there is a trench common to number of primary cable works, which are to be given in different work orders, the common trench may be given in one work order and in other work orders only laying of cables in that common trench and other works shall be mentioned. The work shall be taken up in such a way that cables are available from MDF to pillar or Pillar to DP in a shortest possible time.

d) 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.

e) The contractor shall promptly carryout the work within the time as specified to him at the time of placing work order & the time allowed for completing the works shall strictly be observed by the contractor. Time should be deemed to be

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essence of the contract on the part of the contractor. Therefore the work shall, throughout of the stipulated period be proceeded with all due diligence.

f) 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 TDM Palanpur, if the contractor is not executing the work at the required place.

g) 1.3 VALUE OF WORK:

h) The estimated cost of work is as mentioned in the Notice Inviting Tenders 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 +/- 25% of the indicated value.

i) 2.1JURISDICTION OF CONTRACT:

j) The jurisdiction of the contract is Palanpur SSA.

Scope of Work for UG Cable

Sr. No.

File No. WBS No. Site Name

Area of

Excavating of trench more than 5 Pair & above 5 pair

5 Pair (in mtr)

10 Pair (in

mtr)

20Pair (in

mtr)

50 Pair (in

mtr)

100 Pair (in

mtr)

200 Pair (in

mtr)

excavation of trench

for normal soil more than5 Pair

Cable

Road crossing & other place where work to be done

by boring /HDD

Method

Remarks

1

Anticipated demand & op/ Mtce Work of

PNP SSA

As per Requirement

DE(Phones) Palanpur

8000 15200 2850 15450 2600

Anticipated Demand for operation &

Maintenance work

DE Deesa 9000 17850 3550 19650 1750

DE Deodar 3000 6900 1950 8200 650

Total 20000 39950 8350 43300 5000

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TENDER NO. TENDER NO:- ET- 29/Tender/ U.G.Cable laying & Allied work for Development / Construction & Maintenance work dated 08.11.2016

Expenditure Calculation for UG Cable Trenching in PNP SSA

Sr. No.

Particulars Rate Unit Qty. Amount

1 Excavating of trench for Normal soil more than 5

Pr 38.10 Meter 43300 1649730

2 Excavating of trench for Kharanja 35.20 Meter 0 0

3 Excavating of trench for Soft Rocky 177.10 Meter 0 0

4 Excavating of trench for Cement Concrete 67.20 Meter 0 0 5 Excavating of trench for 5 Pair 21.00 Meter 20000 420000

6 Laying of Cable in open trenches for 5 Pr 3.75 Meter 20000 75000

7 Laying of Cable in open trenches for up to 50

pair 3.75 Meter 39950 149813

8 Laying of Cable in open trenches for 100 Pr/200

Pair 6.15 Meter 8350

51353

9 Laying of Cable in open trenches for 400 pair 16.00 Meter 0 0

10 Laying of Cable in open trenches for 800 pair 18.10 Meter 0 0

11

Work to be carried out at Road crossing & area

where trenching not Possible by boring /HDD

Method

260.00 Meter 5000 1300000

12 Jointing Work 800 Pr 870.00 No 0 0

13 Jointing Work 400Pr 660.00 No 0 0






19 Erection of DP 5 Pr 104.00 No 200 20800

21 Construction of Plinth for Pillar(For Pillars upto

1000 pairs) 2550 No 0 0

22 Construction of Plinth for Pillar(For Pillars

above 1000 pairs) 3850 No 0 0

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23 Erection, Painting and Sign Writing of

Pillars(For Pillars upto 1000 pairs) 382.80 No 0 0

24 Erection, Painting and Sign Writing of

Pillars(For Pillars above 1000 pairs) 459 No 0

0

25 Fixing of CT box & Termination in Pillar 138.60 No 0 0

Total 3793216/-

4. : EXTENSION OF THE TIME LIMIT: A. Application for Extension of the Time and Sanction of Extension of time (EOT) :

a) 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 for extension of time (EOT) with proper reasons / justification to the concerned Divisional Engineer within 3 days from the date of occurrence of such hindrance reason, on account of which he desires such extension. The Engineer-in-charge shall forward the request to the competent authority (an officer not below the rank of JAG level) within three days of receipt of request from the contractor. The competent authority is empowered to grant extension of time for completion of work on certain conditions. He shall exercise such powers, if the following conditions are satisfied.

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

The Engineer-in-charge is of the opinion that the grounds shown for extension of time are reasonable. b) 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.

c) 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. The extension of time with LD charges shall be issued under the signature of JAG level Telecom. Officer competent to grant the extension of time.

d) 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.

e) 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.

B. Grant of Extension of Time without Applications: 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. However the BSNL will 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

5. MEASURMENT, INSPECTION, TESTING AND ACCEPTANCE TESTING: A. Measurement

a) 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 correct; the corrections thus made shall be initialed & dated by the officer concerned.

b) Responsibility of taking and recording measurements: 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/Sub Divisional Engineer, directly responsible for

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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 20% of measurements. The Divisional Engineer shall be responsible for conducting test check of 10% of measurements.

c) 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 measurement but corresponding Item Code as provided, shall be used. The supervising authority as mentioned above should thoroughly inspection made and record in the measurement book about (i.e. from……….to………..) length supervised and depth of the trench supervised to ensure quality count of the work as per departmental require.

d) Method of measurements: The measurements of the work shall be done for activity wise as and when the item of work is ready for measurement. The methods of measurement of various items are enumerated as under:

i. Measurement of depth of trenches: -The cable routes of one work order shall be divided into a number of segments each of maximum 100 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 100 meters. One segment shall cover only one type of trench. The measurement of depth shall be recorded at each point of measurement (POM) in the measurement book in meters up to two decimal points. For example 97 cms. Depth shall be recorded as 0.97 m. 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 POMs shall be at 0M, 10 M, 20 M, 30 M, 40 M, 50 M, 60 M, 70 M. The last POM shall be at 75 m. to be recorded against Residual POM. For each segment average depth shall be worked out by dividing the total depth by number of POMs. The measurements of depth shall be recorded in measurement book. 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. However, payment will not be made for the un-dug portion in the water drain or road gutter. The efforts required to excavate trenches is not proportionate especially with reference to depth. Therefore, normally the workers tend to dig shallow trenches. As standard depth of the trench is important for future life and protection of cables, this tendency has to be discouraged. In order to encourage the contractor to achieve best possible depth in the face of site constraints, the following scale of payment shall be applied for digging trenches of lesser depths, subject to condition that relaxation has been granted by the competent authority for lesser depths.

Case-I :- For Trench of 10 pair and above size Cable where normal depth prescribed is 100 Cm.

Depth between Rate applicable as % of approved rates,

90 Cms. To 99 Cms. Proportionate of approved rates.

80 Cms. To 89 Cms 75 % of approved rates.



Bellow 60 Cms Nill

Case II: - For Trench of 5 Pair Cable where normal depth prescribed is 60 Cm.

Depth between Rate applicable as % if approved rates,

50 Cms. To 59 Cms. Proportionate of approved rates.



Bellow 30 Cms NIL.

ii. Measurement of Lengths and profiles of strata and protection: The measurements of length of trenches are on running meter basis for particular category of surface strata viz. non-surfaced strata and surfaced strata irrespective of type of soil encountered while digging. The length of trenches dug in different strata in a segment shall be measured and recorded item code-wise in the measurement book. The segment length from POMs and total of item code-wise length should match. 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.

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iii. 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.

iv. Measurement of other items: The measurement/numerical details of other items shall be recorded in the sheets provided for respective items viz.

Erection, Termination, Painting and Sign Writing of D.Ps.

Construction of Plinths sand Erection, Painting and Sign Writing of Pillars.

Termination of cables on MDF & Pillars The contractor shall sign all the measurement recorded in the measurement book. This will be considered as an acceptance by the contractor, of measurements recorded in the MB. In case contractor fails to attend at the measurements or fails to countersign or to record the difference within a week, then in any such events the measurement 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.

f) 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 re-opening 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.

g) 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.

B. Inspection and Quality Control: a) The Quality Of works: The importance of quality of U.G. cable laying work cannot be over-emphasized. The quality

of Telecom service largely depends on the quality of external plant of which U.G. cable Component covers the major portion. The U.G. cables are vulnerable to damages due to work of other agencies.

b) All work under or in course of execution or executed in pursuance of the contract shall at all times to open to the inspection and supervision of the Divisional Engineer and his authorized subordinates, Superior and the Contractor shall at all times during the usual working hours, and at all other times at which reasonable notice of the intention of the Divisional Engineer or his subordinate Superior to visit, the works shall have been given to the Contractor, either himself be present to receive orders and instructions, or have a responsible agent duly accredited in writing present for that purpose, Orders given to the Contractor's agent shall be considered to have the same force as if they have been given to the Contractor himself. The work during its progress can also be inspected by TDM Palanpur or any of his representatives.

c) The quality of work for external plant depends upon the quality of individual items of work involved viz Depth of cables laid, care while paying and laying, Protection, Jointing of Cables and Termination on MDF, Pillars & D.Ps and at last but not the least on documentation of cable network.

d) Each component of work needs attention. The work shall be carried out strictly in accordance with specifications laid down to achieve the requisite quality aim.

e) 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. The contractor shall satisfy himself / themselves that the work confirms to quality specifications before offering the same to A. T. wing for acceptance and testing.

f) In addition to Acceptance Testing being carried out by A. T. Wing and supervision by Construction Officers, all works at all times shall be open to inspection of the department. The contractors shall be bound, if called upon to do so, to offer the works for inspection without any extra payment.

g) 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

23



for operation of many contractual clauses. The contractor shall remove all the defects pointed out by the department 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.

C. Testing and Acceptance Testing: This is to be done only for development work. a) The purpose of acceptance and testing is to verify integrity of measurement and quality of work done. The work shall

be deemed to have been completed only after the A.T. Officer has accepted the same. b) The contractor shall provide labour, if demanded by the A/T officer for digging of test pits and other necessary

infrastructure for carrying out the A/T work. No extra payment will be made for the digging to test pit. The contractor shall restore the pits after test measurements to its original shape.

c) The A.T. Officer shall not be responsible for recording of measurements for the purpose of billing and contractual obligations. However if the measurements taking by A.T. Officer are found to be lesser than the measurements recorded by the officer responsible for recording the measurements, the measurement taken by A.T. Officer shall prevail without prejudice to any punitive action against the contractor as per provisions of the contract and the officer recording the measurements. The contractor shall be obligated to remove defects/deficiencies pointed out by the A.T. Officer without any additional cost to the BSNL.

d) The Sub Divisional Engineer responsible for construction, after having satisfied himself of completion of work ready for A.T., shall offer the work to A.T. Officer, nominated by the TDM Palanpur, for conducting Acceptance and Testing. The work shall be offered for A.T. as soon as work of a primary cable from MDF to Pillar or works of distribution cable from Pillar to DPs is complete in all respects. The test of acceptance shall be carried out to confirm that work has been carried out as per standard, specification & guide Lines issued by BSNL from time to time for each work. The work against any work order can be offered for A.T. in a number of stages.

e) In case the depth of the trench in not as per the specification, the approval from competent authority should be taken and the relaxation with reason from Divisional Engineer concerned with full justification should be attached along with A/T memo.

f) The DE concerned who has issued the work order to the contractor will be fully responsible for checking the depth of trench, laying of cable in the said trench

g) Work to be got accepted should be offered in prescribed A/T forms in quadruplicate at work spot strictly. In case the work is not accepted the memo is returned with objection simultaneously there.

h) If the work is acceptance test satisfactory, all four copies should be signed by A/T staff with remarks that the work is accepted. To avoid any type of complaint on the matter from any side the accepted A/T memo should be counter signed by DE concerned.

i) DETAILS OF DOCUMENTS TO BE SUBMITTED WITH A/T MEMOS:

Diagram with all details.

Measurement Details.

Any declaration/Relaxation from DE/DGM of field unit.

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SECTION – VIII GENERAL (COMMERCIAL) CONDITIONS OF CONTRACT

1. APPLICATION:- The General conditions shall apply in contracts made by the BSNL for the execution of Underground Cable laying & Allied works for Development / Construction & Maintenance work in the jurisdiction of Palanpur SSA.

2. STANDARDS:- The works to be executed under the contract shall conform to the standards prescribed in the U/G Cable construction practices.

3. QUANTUM OF WORK:- The estimated value of development / construction work & maintenance work shown zone wise in tender document in section XV may vary on the basis of actual requirement at the discretion of TDM Palanpur limited to +25 % OR – 25% in each zone for development / construction work and for maintenance work without any change in approved rates ,terms & conditions of contract.

4. SUBCONTRACTS:- a) The Contractor shall not assign, sub-contract or subject the whole or any part of the work covered by the contract or

any benefit thereof without the prior written approval of the TDM Palanpur. b) The TDM Palanpur reserves the right to refuse or permit any person or organization or sub-contractor to participate in

the works covered by the contract. The assignment or sub-contracting or sub-letting of any such work, if permitted by the TDM Palanpur shall not relieve the Contractor of any of his liabilities and responsibilities hereunder, the intention being that notwithstanding any assignment or sub-letting or sub-contracting, the contractor shall be and remain primarily and principally liable to BSNL in terms hereof and for the due fulfillment of the contracted works by any assignee or sub-contractor shall provide insurance of the same type and limits as required of the contractor.

c) Each assignee and sub-contractor shall be covered by the contract documents and shall perform the work which he take-up in accordance with it. BSNL will have the same privileges and rights with respect to the inspection of work of assignees or sub-contractors as are provided for under the Contract Document governing the work of the contractor.

d) The Contractor shall indemnify, and Keep harmless BSNL from and against all actions suits, proceedings, costs, damages, charges, claims and demands what so ever, either in law or in equally and all costs (inclusive between attorney and client) and charges and expenses that the BSNL may sustain suffer or incur arising from or out of or incidental (to in connection with any act(s) or commission) of the Contractor or his agents, employees, assignee or sub-contractor. The provision shall also apply to the sub-contractor or assignee as the case may be.

5. Rates: a) The rates quoted should be inclusive of Transportation of materials, all Charges & Taxes except Service Tax, if

applicable. b) All the materials, which are to be supplied by BSNL, will have to be transported from district store depot to work site

at contractor’s own cost. c) The tenderer shall quote the rates online in English both in figures as well as words. In case of any difference in rates

quoted in the words and figures, the rates quoted in words will be taken as rate quoted. If the bidder does not accept the correction of the errors, his bid shall be rejected.

d) Rates once fixed will remain valid for the period of contract. Increase and decrease of taxes/duties will not affect the rates during this period. However Service tax as applicable will be paid extra.

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e) Service tax if applicable shall be deposited by the contractor to the service tax authority. For claiming service tax, the contractor will have to submit the receipt of payment of service tax with the bill & he will be required to quote his service registration number in the bills invariably.

f) Conditional tender such as with a mention that increase in market rates or taxes or labour rates or duties etc. will be charged extra will stand disqualified and will not be accepted.

g) The successful tenderer will have to carry out the work at the accepted rates during the contract period. The rates cannot be changed / increased under any circumstances during the period of contract. Unexpected difficulty in execution of work is not an excuse for any increase in rate.

6. SECURITY DEPOSIT:- A. Material Security Deposit:-

a) The successful tenderer will have to deposit the Material Security Deposit as mention in the scope of work for a amount of 10 % of estimated work subject to maximum of Rs 2 lakh in the form of bank guarantee for 24 months from a Nationalized/Schedule bank in the prescribed format . The material security will be a non-interest bearing deposit for any period what so ever.

b) The Material Security Deposit can also be submitted in the form of Demand Draft in favor of A.O (Cash), O/Othe Telecom District Manager PALANPUR issued by any Nationalized/Schedule Bank and payable at Palanpur.

c) The contractor at any point of time will not be issued stores costing more than Material Security Deposit amount d) The proceeds of the Material Security Deposit shall be payable to the BSNL as compensation for any loss resulting

from the contractor’s failure to handle properly the materials issued to him under the contract. e) The Material Security Deposit shall be released/refunded within a fortnight from the final settlement of materials

account on production of “No Dues certificate” from Engineer In-Charge

B. Performance Security Deposit: a) The EMD (Bid security) of the successful bidder shall be converted in to part of Performance Security Deposit and an

amount equivalent to 7.5 % of the bill amount shall be deducted from his each running and final bill and kept as Performance Security Deposit .

b) The proceeds of the Performance Security Deposit shall be payable to the department as compensation for any loss resulting from the contractor’s failure to complete its obligations under the contract.

c) No interest will be paid to the contractor on any security deposit d) The Performance Security Deposit shall be released / refunded on expiry of 6 months after last work executed

provided there are no recoveries to be made arising out of poor quality of work, incomplete work and / or violation of any terms and condition of the contract as stipulated in the bid document.

e) In the event of security being insufficient or if the security has been forfeited the balance of the total sum recoverable (as the case may be) shall be deducted from any sum then or at any time there-after becomes due to the contractors under this or any other contract with Palanpur SSA should that sum also be not sufficient to cover the full amount recoverable, the contractor shall pay to Palanpur SSA on demand the remaining balance due failing which the contractor will be black listed

f) Security deposit in any form shall be liable for appropriation/adjustment against any liquidated damages for delayed or against carry forward loss to BSNL to which the contractor does not meet otherwise.

g) If the contractor fails or neglects to perform any of his obligation under the contract, it shall be lawful for the BSNL to forfeit either whole or any part of the Security Deposit furnished by the contractor, which does not amount to imposing of penalty, after issuing “SHOW-CAUSE NOTICE” which will be dully examined for final decision by the competent authority and the decision conveyed to the Tenderer in writing.

h) In the event of the contractor failing to observe or perform any of the condition of the work as set out here in the Security deposit referred to above will be forfeited by B.S.N.L. without prejudice to any other rights.

i) The “Bank Guarantee” is an autonomous contract and imposes an absolute obligation on the bank in its terms. As such the existence of disputes between the parties under this contract or a possibility of a reference of any dispute arising out of this contract to arbitration or of pendency of proceeding on such a reference has absolutely no relevance to the obligation of the bank under the “Bank Guarantee”. The concerned Bank is bound to pay without demur irrespective of the pendency of any arbitration proceedings or the imminence of any reference to arbitration of the disputes between the parties to his contract arising out of this primary contract between the concerned parties.

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j) If the contractor duly performs and completes the contracts in all respects, the B.S.N.L. shall refund the Security Deposit to the contractor after deducting all costs and other expenses that the BSNL may have incurred for making good any loss due to any action attributable to the contractor which the BSNL is entitled to recover from the contractor.

k) Any unclaimed Security Deposit(s) as due for refund to contractor/supplier and remain unclaimed for three years after its/their refund become(s) admissible (for instance after the contractor /supplier fulfills his contract) shall be dealt with the provisions contained in the rules of the B.S.N.L.

l) In the event of the contractor being adjudged insolvent or going voluntarily into liquidation are having receiving order or other under Insolvency Act made against 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 the contractor failing to comply with any of the conditions herein specified, Telecom District Manager Telecom District Palanpur shall have the power to terminate the contract without any notice.

m) Refund of the Security Deposit is subject to full and final settlement of the final bill for the works, contracted/executed under the Contract.

7. WARRANTY:- a) The contractor shall warrant that 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 Department 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.

b) If it becomes necessary for the contractor to replace or renew any defective portion/portions of the material under this cause, 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 department, the Department may proceed to do the work at the contractor's risk and costs, but without prejudice to any other rights which the Department may have against the contractor in respect of such defects.

c) The Cable joint shall be guaranteed for a period of ONE year from the date of closing of joint. 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, falling 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 or from security if all bills have been settled.

d) 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.

e) If any irregularities pointed out by any investigation agency even after warranty period ,the contractor will be responsible for the same

8. AUDIT AND TECHNICAL EXAMINATION: a) BSNL shall have the right to cause an audit and technical examination of the work and the final bills of the contractor

including all supporting vouchers, abstract etc. to be made after payment of the final bill and if as a result of such audit and technical examination any sum is found to have been overpaid in respect of any work done by the contractor under the contract or any work claimed by him to have been done by him under the contract and found not to have been executed, the contractor-shall be liable 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

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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.

b) 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 TDM Palanpuror his subordinate officer.

c) 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 for the payment of a sum of money arising out or under any other contract made by the contractor with the BSNL.

9. PAYMENT : A. Submission of bills:

a) The bill is to be prepared & should be submitted work order wise on regular bases within one month from the date of completion of work. The bill shall be prepared at approved item rates.

b) The contractor shall prepare the bills in triplicate and submit the bills to S.D.E. in-charge of work. The bills shall be prepared accurately and as per measurements recorded in the measurement book and after acceptance and testing of all the items involved in the work.

c) Any liquidated damaged or penalties due shall also be recoverable from the bills submitted by the contractor. d) The bill in r/o work orders issued in the last month/Quarter of tender validity period should be submitted within three

month from the date of expiry of contract validity period e) It will be the responsibility of SDE/SDO who is in charge of work, DE in charge and contractor to ensure that

The bills are submitted regularly as and when work of a work order is completed

No bills remain pending after three months from the date of expiry of tender validity period. f) Concerned SDE/SDO who is in charge of work will accept only those bills which are completed in all respect g) Contractor has to submit the necessary documents/Certificates about compliance of labour laws & EPF related laws

to Account section as and when required.EPF payment challan copy should be submitted along with bill h) The S.D.E. in-charge of work shall scrutinize the bills and accord necessary certificates and submit to the Divisional

Engineer, in-charge of work along with all required documents/certificates mentioned below. i) 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 & record it in the estimate file maintained in his office and send first and second copies with all documents to Works Section of Planning Cell [i.e A.O (Plg.), Palanpur] for processing of bills and release of payment.

j) 7.5 % of the bill amount towards Performance Security Deposit shall be deducted at the time of payment from each running / final bill

k) Payment will be made by the Account Officer (Cash) O/OTelecom District Manager Palanpur on approval of the competent authority.

l) Statutory taxes (Income Tax etc.) applicable to contract shall also be deducted at the time of payment from each bill. m) The submitted bills should containing the following details

Copy of Work order Measurement book. Certificate stating that the work has been executed satisfactorily in accordance with specifications and terms and

conditions of the contract. A/T Certificate Material reconciliation statement furnishing account of stores received against the work order and returned the

surplus/unused store to the designated Storegodown as with requisite verifications from SDE/SDO in-charge of work.

Details of recoveries/penalties if any for delays, damages to Departmental/Third party properties as per provisions of the contract. In case no recovery is to be made, NIL report needs to be submitted

Letters of grant of E.O.T(s). if the work could not be completed within stipulated time. Details of empty cable drums cost of which needs to be recovered from the bill. Cable diagram with full details & it should be duly signed by the D.E. & SDE concerned.

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Copies of authenticated documents of payments of EPF contribution to EPF authorities (if applicable). n) The bidder has to give the mandate for receiving the payment costing Rs.5 lakhs and above electronically and the

charges, if any, levied by bank has to be borne by the bidder / contractor/ supplier. The bidder’s company are

required to give the following information for this purpose :-

( i ) Beneficiary Bank Name : (ii ) Beneficiary Branch Name :

(iii ) IFSC Code of Beneficiary Branch: (iv) Beneficiary Account No.: (v ) Branch Serial No. (MICR No.) :

B. In exceptional cases where work required for preferring a Running Bill cannot be completed within reasonable time due to non-availability of stores or any other reason and where the department is responsible for delay, the concerned .D.G.M. may permit payment of running bill (prepared without completing the work end-to-end for that unit of work) to the extent of 70% so that the contractor does not face resource crunch. Such payment shall be treated as an advance payment to the contractor like any other Running Bills.

C. The contractor should submit all their bills within three months from the date of expiry of the contract so that the refund of Security deposit may be speeded up.

D. Any tax eligible & levied by state/central govt. will be deducted from the bill. E. For claiming Service Tax, contractor has to submit Service Tax Registration Number printed on the bill submitted for

payment. F. The Telecom District Manager Palanpur shall not be liable for payment of any interest on any bill outstanding for

payment. G. Procedure for Payment for sub standard works:

a) The contactors are required to execute all works satisfactorily and in accordance with the specifications. If certain items of work are executed with unsound, Imperfect or unskilled workmanship or with materials of any inferior description or that any materials or articles provided by him for execution of work 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.

b) 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 Construction Officers to point out the defects in work in time during progress of the work. The Junior Telecom Officer/Sub Divisional Engineer responsible for execution and supervision of work shall without any loss of time submit a report of occurrence of any sub standard Work to the Divisional Engineer in-charge besides making an entry in the site order book. A notice in respect of defective work shall be given to the contractor by Divisional Engineer in-charge in writing during the progress of work asking the contractor to rectify/replace/remove the sub standard item of work and also definite time period within which such rectification/removal/replacement has to be done. After expiry of the notice period, if the contractor fails to rectify/replace/remove the sub standard items, the defects shall be got rectified/replaced/removed departmentally or through some other agency at the risk and cost of the contractor.

c) Non-reporting of the sub standard work In time on the part of Construction Officer (s) shall not in any way entitle the contractor to claim that the defects were not pointed out. during execution and as such the contractor cannot be absolved of the responsibility for sub standard work and associated liabilities.

d) 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 Head of S.S.A., the items in question will not materially deteriorate the quality of service provided by the construction, the head of S.S.A., 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. (Planning) 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.

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e) Record of sub standard work: The items adjudged as sub standard shall be entered into the measurement book with red ink.

10. 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.

11. DISPOSAL OF EMPTY CABLE DRUMS: a) The contractor shall be responsible to dispose off the empty cable drums after lying of the cable. The competent

authority taking in to account the prevailing market rates has fixed the cost of various sizes of 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.

b) Rates fixed for empty cable drums are given in tender Document (Financial Bid). The rates are fixed and there is no percentage above or below applicable on these rates.

c) The contractor shall be responsible for the accounting of the cable drums issued and shall mention the number and types of cable drums in the bill so that the amount is deducted from the bills due.

d) 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 off the empty cable drums within 3 days of becoming empty, the BSNL is at liberty to dispose off the drum in any manner deemed fit and also recover the amount fixed in this contract for empty cable drums along with the transportation charged from the bill/security deposit/any other amount due to the contractor.

12. PENALTY CLAUSE:- A. Penalties for Delays in the contractor’s performance:

a) The time allowed for completion of the work shall be strictly adhered by the contractor and shall be deemed to be the most important aspect of the contract on the part of the contractor and shall be reckoned from Seventh day from issue of work order by the BSNL.

b) If the contractor fails to complete the work within the completion time as prescribed in work order, penalty shall be imposed on him for an amount equal to 01 % (one percent) of the amount of the incomplete work for every one week of delay (minimum Rs. One thousand per week), subject to a maximum of 10 (ten) percent of the total value of the work awarded. Thereafter it will be at the discretion of engineering authority to cancel the work order & action taken there in.

c) In case, successful tenderer fails to carry out the work beyond the above stipulated time, the TDM Palanpur reserve the right to get the work done by other agencies and extra expenditure if any incurred will be recovered from the contractor’s pending bills, S/D or any other payments that may be due or become due in future

d) If the contractor has not started the work within 15 days after issue of work order, the TDM Palanpur reserve the right to cancel his contract & his Security deposit may be forfeited. The tenderer shall have no claim for compensation for any loss sustained by him due to such failure and the firm shall be black listed.

e) On any date the penalty payable as above, reaches 10 (ten) percent, the contractor should proceed with the work further only on getting a written instructions from the Divisional Engineer that, he is allowed to proceed further with the work. It will be In the discretion of the Divisional Engineer to allow the contractor to continue with the work on the basis of any written agreement reached between the contractor and the Divisional Engineer one of the conditions of such agreement may be a stipulation for the contractor to agree for realization of penalty for delay at a higher rate as may be agreed between the Divisional Engineer and contractor.

f) 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 Telecom District Manager Palanpur 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 or

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security deposit. B. Penalty for causing inconvenience to the Public:

a) 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 200 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 failing to comply with these conditions a penalty of recovery up to Rs. 300/- per day the trench is kept open beyond the time limit allowed may be imposed by the department. This penalty will be in addition to that payable for delay or slow work.

b) 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 off the empty cable drums/Waste materials within 3 days of becoming empty, the department is at liberty to dispose off the drum in any manner deemed fit and also recover the amount fixed in this contract for empty cable drums/waste materials from the bill / security deposit / along with the costs incurred by the department in disposing off such materials. The Department may also levy a penalty up to Rs. One thousand for each such default.

c) 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 TDM Palanpur shall be final and binding.

C. Penalty for cutting/damaging the existing cables of BSNL and the existing underground facilities of third party:

a) 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;

Size of existing U.G cable /OFcable Amount of penalty per cut/damage

Up to 100 pairs cable Rs. 500.00

Above 100 pairs & up to 400 pairs Rs. 1,000.00

Above 400 pairs Rs. 2,000.00

OF Cable of any size Rs. 50000.00

b) 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 + cable +Jointing kit) shall be recovered from the contractor.

c) 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.

d) 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.

D. Penalty to damage stores/materials supplied by the department while laying: a) The contractor while taking delivery of materials supplied by the Department 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.

b) In case of damage to PIJF cables, while laying, the cost of number of pairs damaged (including laying charges, transportation/storage charges) + 10 % as penalty shall be recovered from the contractor's bills/securities.

c) 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.

E. In the event to any breach by the contractor of any of the terms and conditions thereof or if the penalty of the recovery imposed against one or more work orders exceed the security deposit or if the work relating to one work order remains incomplete even after a delay of 50% of time allowed in the work order or if the contractor fails to start the work within 15 days from the date of issue of the work order or the work is not being performed satisfactorily, the Telecom District Manager, Palanpur Telecom District (which will be final) shall have power to adopt any of the following courses as suited to the Palanpur Telecom District.

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a) To rescind the contract forthwith and in that case the security deposit of the contractor shall stand forfeited to Palanpur Telecom District

b) To measure up the work of the contractor and to take such part thereof (i) remain unexecuted at the hands of the contractor and award the work to another contractor to complete and (ii) in case of defects discovered subsequently to have the defects repaid and removed by another contractor. In both case, expenses which may be incurred in excess of what would have been paid to the contractor, if the whole work had been properly executed him (the amount of such excess, the certificate issued in writing of any of the officers shall be final and conclusive) shall be borne and paid by the contractor/may be deducted from any money due to him from the Palanpur Telecom District under this contractor form the Security deposit or may be recovered from any other dues payable to contractor form the Palanpur Telecom District.

c) If the contractor fails to execute any work within the time scheduled, or refuses to carry out any work or refuses to accept the work schedule for executing any specified work, Palanpur Telecom District reserves the right to get the work done by other agencies even with higher rates and the difference of the cost will be recovered from the contractors pending bill or security money as the as may be.

F. In the event of any of the above course being adopted, the contractor shall have no claim, for compensation for any loss sustained by reason of his by him having purchased or procured any materials or entered into any engagements or made any advance on account of to with a view to the execution of the work of the performance thereof.

G. In the event of any of the officers exercising the powers for imposing the penalty mentioned as above, he may if he so desires take possession of all or any of the tools, materials and stores in upon the works or the site thereof belonging of the contractor, or procured by him and intended to be used for the execution of the work or any part thereof paying or allowing for the same amount at contract rates or in cased of this not being applicable at current market rate to be certified by any of the said officers whose certificate thereof shall be final. Any of the said officers may in the alternative, requires the contractor or his agent within a time specified in the given of the contractor failing to comply with the request remove them at the contractor expenses and sell them by public auction or private sale on account of the contractor and on his risk and responsibility and certificate of any of the said officers as to the expenses of any such sale shall be final and conclusive against the contractors.

H. Any Penalty imposed to the contractor 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. However, adjustment from security deposit will be made only when the contract has been terminated or at the time of final settlement of bills on completion of work.

13. RESCISSION/TERMINATION OF CONTRACT:- A. Circumstances for rescission of contract: Under the following conditions the competent authority may rescind the

contract: a) If the contractor commits breach of any item of terms and conditions of the contract. b) If the contractor suspends or abandons the execution of work and the engineer in-charge of the work comes to

conclusion that work could not be completed by due date for completion or the contractor had already failed to complete the work by that date.

c) If the contractor had been given by the officer-in-charge of work a notice in writing to rectify/replace any defective work and he/she fails to comply with the requirement within the specified period.

B. 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:

a) 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.

b) 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.

c) 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

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contractor approved by BSNL Palanpur 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 TDM Palanpur 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.

d) 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.

C. Termination for Insolvency: 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.

D. Optional Termination by BSNL (Other than due default of the contractor): a) 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.

b) 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.

c) 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.

d) The action of the Divisional Engineer as per the above sub-clauses shall not be construed as Breach of the contract. E. Issuance of Notice

a) 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.

b) 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:

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.

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.

No new construction beneficial to the contractor shall be allowed.

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. INDEMNITIES: a) 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

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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.

b) 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.

15 FORCE MAJEURE: a) 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.

b) 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.

16 ARBITRATION: a) 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 Ahmedabad 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 Ahmedabad or by whatever designation such officers may be called (herein after referred to as the said officer) and if the Chief General Manager Ahmedabad 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 Ahmedabad, 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 Ahmedabad 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.

b) The arbitrator may from time to time with the consent of parties enlarge the time for making and publishing the award, Subject to aforesaid 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.

c) The venue of the arbitration proceeding shall be the Office of the CGM, Ahmedabad or such other Places as the arbitrator may decide. The following procedure shall be followed:

i. In case parties are unable to reach a settlement by themselves, the dispute should be submitted or arbitration in accordance with contract agreement.

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ii. There should not be a joint submission with the contractor to the sole Arbitrator. iii. Each party should submit its own claim severally and may oppose the claim put forward by the other party. iv. The onus of establishing his claims will be left to the contractor. v. Once a claim has been included in the submission by the contractor, a reiteration or modification thereof will be

opposed. vi. The “points of defense” will be based on actual conditions of the contract. vii. The Arbitrator shall not entertain claims in the nature of ex-gratia payments, as these are not contractual. viii. The question whether these conditions are equitable shall not receive any consideration in the preparation of “points

of defense”. ix. 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. Amendment: ltr.no.3-2/2004-CPT/Pt.1 dt.16.11.2006 (Court Jurisdiction)

Any dispute arising out of tender/bid document/evaluation of bids/issue of APO shall be subject to the jurisdiction of the competent court at the place from where the NIT/tender has been issued.

Where a contractor has not agreed to arbitration, the disputes/claims arising out of the Contract/PO entered with him shall be subject to the jurisdiction of the competent Court at the place from where Contract/PO has been issued. Accordingly, a stipulation shall be made in the contract as under.

“This Contract/PO is subject to jurisdiction of Court at Palanpur only.”

17. 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 govt. of India.

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SECTION – IX

SPECIAL TERMS & CONDITIONS OF CONTRACT 1. PERIOD OF VALIDITY OF CONTRACT:

a) The contract should be firm and valid for a period of one year from the date mentioned in FAT (Final Acceptance of the Tender) or till the estimated cost is exhausted whichever is earlier.

b) The Telecom District Manager Telecom District, Palanpur reserves the rights to extend the validity of contract for a further period of first Three months unilaterally by BSNL at the same rate, terms and conditions and another period of Three months on mutual consent on both side at the same rates, terms and conditions.

c) The Telecom District Manager Telecom District, Palanpur reserves the right to terminate the contract at any time during its currency without assigning any reason by giving thirty days notice to the contractor at their last known place of business/residence and the contractor shall not be entitled to any compensation by reason of such termination.

2. The Contractor during the period of the contract will carry out the work by means of labors employed at his own expense by means of tools, implements etc. to be provided by him to his labours at his own expenses for trenching, cable laying and other connected works as described in the tender notice.

3. MATERIAL & EQUIPMENTS SUPPLIES BY BSNL: a) The contractor shall be responsible for transporting the materials (including loading and unloading), to be supplied by

the BSNL, to site at his/their own cost and therefore BSNL shall not pay any transportation charges to the contractor. b) The Contractor shall be wholly and solely responsible for the proper preservation and safe custody of all the

materials supplied to him by BSNL till the work is completed in all respects according to the terms and conditions. A faithful account of all the material used in the work should be submitted to the Palanpur Telecom District.

c) 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.

d) The Contractors shall submit a proper account every month of all the materials supplied to him by BSNL and those consumed items for work. Any discrepancy or difference between the materials issued to 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

e) Any such materials remaining surplus/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 including freight, handling charges, storages charges plus 17.5 % departmental charge shall be deducted from his material security/any due bills

f) Any pilferage, damage etc. to the materials furnished by BSNL shall be at risk and cost of the Contractor and charges for such unaccounted materials shall be decided in accordance with clause 4(e) above.

g) There are some materials required to be supplied by the contractor for execution of works under this contract like bricks, cement, Wire Mesh and Steel for protection, etc., besides using other consumables which do/don’t become the part of the asset. The contractor shall ensure that the materials supplied are of best quality and workmanship and shall be strictly in accordance with the specifications.

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4. Tools & Plants:

The contractor shall provide at his own cost all tools, plants appliances, implements, measuring instruments, tents, any type of machinery or equipments etc. required for proper execution of works. The contractor shall also supply without charge the requisite number of persons with the means and materials necessary for the purpose of setting out works, counting, weighing and assisting the measurements for examination at any time and from time to time. The contractor shall be responsible to make all arrangements, at his own cost for dewatering of trenches/ducts and de-gasification of the ducts before carrying out the work. The contractor shall also be responsible to make arrangements, at his own cost, for water required for carrying of works at sites including curing of CC/RCC works. Failing his so doing, the same may be provided by the Engineer-in-charge at the expense of the contractor and the expenses shall be deducted from any money due to the contractor under this contract or otherwise.

5. REPRESENTATIVE OF BSNL: The DIVISIONAL ENGINEER who will be in-charge of the works. BSNL’s representative in works site shall be the Site Engineer or such other representatives 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 notice given to BSNL Notices given in writing by the Site Engineer or the Divisional Engineer shall be deemed to be notices given by 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 BSNL in respect of the work or any designated section of works and any decision, agreement or instruction in writing by the BSNL‘s representative, as aforesaid, which is within his powers shall be binding on the Contractor.

6. OBLIGATIONS OF THE DIVISIONAL ENGINEER : The obligations of the Divisional Engineer or his authorized representative of the BSNL towards the contractor apart from payment towards work done on this contract are generalized as under.

a) To make available to site, duly demarcated and to provide permission form the local authority wherever required. b) To supply instructions in writing to commence, carryout and complete the work as per time schedule or extend time

schedule when the occasion warrants. c) Not to interfere as long as the progress of work is maintained as per the time schedule. d) To measure the work done and other work connected thereof. e) To make payment through the paying authority.

7. REPRESENTATIVE OF CONTRACTOR: The Contractor shall furnish to BSNL, the scheme if his intended organization for the contracted work, naming his supervisor. The Contractor shall have on each site a supervisor, being authorized to represent the Contractor on his designated section work, to whom BSNL representative can make known decisions, authorizations and interpretations, The Contractor shall within ten days after the execution of the Contract/Agreement notify BSNL the name(s) and address(s) of the supervisors along with the specimen signatures in items of site allocations Any change in name and address of any supervisor notified as aforesaid shall be promptly intimated in writing to BSNL. Notice given in writing to the supervisor shall be deemed to be notice given to the Contractor. The Contractor shall also have a Manager fully authorized to represent Contractor on matters involving more than one area of work notification in respect of whom shall likewise be given to the BSNL and who shall likewise be the Contractor's representative terms aforesaid.

8. METHOD AND MANNER OF PERFORMANCES: 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 his 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 workmen like manner and both as

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regards material and otherwise in respect, in strict drawings as may be found requisite to be given during carrying on of the works enforce good order among his employees and shall not employ on the works any unfit 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 or discontinue employing in respect of the works any employee that the Divisional Engineer/Site Engineer may for any reason object to

9. EASEMENTS, PERMITS, LICENCES AND OTHER FACILITIES: A. The contractor shall obtain/provide at his own cost all easements, permits and license necessary to do its work

except for those, which shall be provided by the Divisional Engineer. B. 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.

C. The Divisional Engineer at his sole discretion may reject without any compensation to the Contractor full or part of such work done by the Contractor and Contractor shall also pay all claims, demands and/or any other expenses arising out from such work done without obtaining necessary documents.

D. Contractor shall keep at his own risk and responsibility all necessary documents to do his work on site at all times, for inspection by representatives of BSNL or local bodies.

10. QUALITY OF WORK : BSNL shall be the final judge of the quality of the work and the satisfaction of the standards in respect thereof set forth in the contract documents, Laxity or failure to enforce compliance with the contract documents by BSNL and/or its representative shall not manifest a change or intent of waiver, the intention being that, notwithstanding the same, the Contract shall be and remain responsible for complete and proper compliance with the contract documents and the specification there in. The Divisional Engineer has the right to prohibit the use of men/women and any tools, materials or equipment, which in his opinion did not produce work or performance meeting the requirement of the Contract Documents.

11. PROTECTION OF LIFE AND PROPERTY AND EXISTING FACILITIES: a) 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. b) 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. c) 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.

d) If the contractor does not put the warning signal as per above directions, then a penalty of Rs 500/- per day shall be levied on the contractor, till the directions are compiled by the contractor.

e) 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.

f) Attention of the contractor is drawn to the rules regarding laying 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. 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.

g) 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.

h) The contractors shall take all precautionary methods to avoid any damage to the existing installation in the place. The contractors are responsible for any or all damage caused to the existing cables or lines of GEB, Palanpur water supply, sewerage systems, Gujarat gas co. The contractor will have to make good the damage at his own expense. If

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the contractor fails to do so the Divisional Engineer will arrange to repair and the cost of such repairs will be deducted from contractor's bill. The cost of such repairs will be decided by the Divisional Engineer as a sole judge.

i) 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 undertake 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.

j) 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

12. The contractor without cost of the BSNL shall promptly repair any damage incurred. 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.COMPLIANCE WITH LAWS AND REGULATION:

a) During the performance of the works the Contractor shall at his own cost and initiative fully comply with all applicable Laws of the Land and with any and all applicable B- Laws, Rules, Regulations and Orders and any other Provisions having the force of Law made or promulgated or deemed to be made or promulgated by any Government, Governmental agency or Department, Municipal Board, other regulatory or Authorized Body of persons and shall provide all certificates of compliance there with as may be required by such applicable Law, B-Laws, Rules, Regulations, Orders and/or Provision. The contractor shall assume full responsibility for the payment of all contributions and pay roll taxes, as to its employees, servants or agents engaged in the performance of the work specified in the contractor documents.

b) If the Contractor shall require assignee of sub-contractor whom any portion of the work to be performed hereunder may be assigned, sub leased or sub-Contractor to comply with the provisions of the Clause and in the connection the Contractor agrees as to undertake to save and hold the Government harmless and indemnified from and against any/all penalties, actions, suits, losses and damages, claims and demands and costs (inclusive between attorney and client) charges and expenses what so ever arising out of occasioned, Indirectly or directly, by failure of the Contractor or any assignee or sub-contractor to make full and proper compliance with the said B-laws, Rules, Regulations, Laws and Order and Provisions as aforesaid.

13. COMPLIANCE WITH LABOUR LAWS: It shall be the duty of the contractor to comply with all the mandatory provision of labour laws, EPF, ESI & Misc provision Act & Employer Provident Scheme in respect of Labours/Employees engaged by him for performing the work under the contract.

(a) The Contractor shall comply with all the provisions of the Contractor's labour (R & A) Act 1970 & Contract Labour (R & A) Central Rules 1971

(b) Contractor shall also abide by the provisions of the Child Labour (Prohibition and Regulation) Act , payment of wages Act , Minimum Wages Act , Employees Liability Act , Workmen's Compensation Act , Industrial Disputes Act , Maternity Benefits Act , and rules framed and other labour laws affecting contract labour that may be brought into force from time to time.

(c) No labour below the age of eighteen years shall be employed on the work (d) Registers and other Records to be maintained :The contractor shall maintain a Registers & Records in the

prescribed forms of the Contract Labour (R&A) Act 1970 as under i. Register of Workman - Form XIII ii. Muster Roll - Form XVI iii. Register of Wages - Form XVII iv. Register of deduction - Form XX v. Register of Fines - Form XXI vi. Register of Advance - Form XXII vii. Register of Overtime - Form XXIII

(e) Registration with Labour Commissioner:

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i. The contractor shall obtain a valid labour license under the Contract Labour (R&A) Act 1970 and the Contract labour (Regulation and Abolition) Central Act 1971 before commencement of the work OR the Contractor shall not commence actual work unless he produces a receipt from the concerned Licensing Authority that he has applied for license from the prescribed licensing authority, which may be produced within the period at 15 days of commencing the work.

ii. The contractor should have a valid license until the completion of work. (f) Registration with EPF/RPF Commissioner:

i. The contractors have to furnish documentary evidence that they are registered with EPF/RPF Commissioner. ii. They will also furnish an undertaking that within seven days of the close of every month they will submit to BSNL a

statement showing the recoveries of contributions in the respect of employees with Certificate that the same have been deposited with EPF/RPF Commissioner.

(g) Workmen’s Compensation: i. In every case in which by virtue of the provisions of the contract Labour (R & A) Act 1970 and of the Contractor

Labour (R & A) Central Rules 1971, BSNL is obliged to pay any amount of wages to a workman, employed by the Contractor, in execution of the works, or to incur any expenditure in providing welfare and health amenities required to be provided under the Contract Labour (R & A) Act or under the Rules framed by BSNL from time to time for the protection of health and sanitary arrangement for workers employed by Contractors. BSNL will recover the amount, so paid against the wages or the amount so incurred for providing welfare and health amenities to the labours employed by the Contractor, from the security deposit or from any sum due by BSNL to the Contractor whether under this agreement or otherwise without prejudice to the rights of BSNL under the contract labour act.

ii. BSNL shall not be bound to contest any claim made against it under the said Act, except on the written request of the Contractor and upon his giving to BSNL full security for all costs for which BSNL might become liable in contesting such claim.

(h) Amendments: The Central Government may from time to time add to or amend the regulations and on any question as to the application / interpretation or effect of those regulations.

(i) Power of labour officer to make investigations or enquiry:

The labour officer or any person authorized by the Central, BSNL on their behalf shall have power to make enquiries with a view to ascertaining and enforcing due and proper observance of Fair Wages clauses and provisions of these Regulations. He shall investigate into any complaint regarding the default made by the contractor in regard to such provision.

The contractor shall allow inspection of all the prescribed labour records to any of his workers or to his agent at a convenient time and place after due notice is received or to the Labour Officer or any other person, authorized by the Central BSNL on his behalf.

The Labour Officer or other persons authorized as aforesaid shall submit a report of result of his investigation or enquiry to the Engineer in-charge indicating the extend, if any to which the default has been committed with a note that necessary deductions from the contractor’s bill be made and the wages and other dues be paid to the laborers concerned.

(j) Any failure to fulfill these requirements shall attract the penal provisions of this contact arising out of the resultant non-execution of work.

(k) The regulations aforesaid shall be deemed to be a part of this contract and any breach thereof shall be deemed to be a breach of this contract.

(l) The contractor shall submit periodical returns as may be specified from time to time. (m) The Contractor shall obtain from the site Engineer or any other authorized representative of the Engineer-in-charge,

as the case may be, a certificate under his signature at the end of the entries in the “ Register of Wages” or the “ Wage-cum-Muster Roll” , as the case may be , in the following form “Certified that the amount shown in the column No …………. Has been paid to the workman concerned in my presence on ………..at…………..” Service Tax Registration: As per standing instructions of Ministry of Finance, Govt. of India, the firm should be registered with Central Excise Department. Therefore, the registration number for service tax is to be written printed on the bills/claims submitted to BSNL Palanpur time to time.

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14. 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

15. The Contractors shall engage competent and adequate staff and labour to the satisfaction of the Telecom District Manager, Palanpur Telecom District or an officer acting on his behalf or ensuring efficient handling and transport of materials and furnishing correct and up to date position information/progress of work/statements and accounts. The Contractors shall be responsible for the good conduct to their employees and shall compensate the Palanpur Telecom District for losses arising from neglect, carelessness want of skill or misconduct of themselves, their servants or agents or representatives, The Telecom District Manager, Palanpur Telecom District shall have right to ask for the dismissal of any employee of the contractors, who in the opinion, is hampering the smooth execution of the work and his decision regarding loses caused by the neglect and misconduct etc. of the contractors, their servants or agents or representatives shall be final and binding on the contractors.

16. The Contractor shall request the Telecom District Manager, Palanpur Telecom District or an officer authorized to act in his behalf, the name of the one or more responsible representative(s) authorized to act on their behalf in day to day working of the contract. It shall be duty of those representatives to call at the officer of the Divisional Engineer or an officer acting in his behalf, generally to remain in touch with them, to obtain information about the program of works and changes if any.

17. The Contractors shall take adequate steps and necessary preparations to avoid wastage and damage to cables & other materials during the loading/ unloading of trucks carts/any other transport vehicle at the work sites or any other loading/unloading point. The Contractors shall be liable for any loss will the Palanpur Telecom District may suffer on account of this not being property handled. The decision of the Telecom District Manager, Palanpur telecom District regarding such loss shall be final and binding on the contractor.

18. The contractor shall execute all the items of work mentioned in the order for each work in the most efficient and workmanship manner both in terms of quantity and quality in strict accordance with the instruction given to him from time to time by Palanpur Telecom District.

19. All works, whether in course of execution of executed in pursuance of the contract shall at all times be open to inspection and supervision of the Palanpur Telecom District. If any defects in the said works or any of them are discovered within three months from the date of completion thereof, the contractor shall forthwith repair and remedy the same at his own cost in such manner and within such time as directed by the Palanpur Telecom District. In case the defects are of such nature that in the opinion of the Palanpur Telecom District it is not possible to repair, the contractor shall do the work once again a fresh to the entire satisfaction to Palanpur Telecom District without additional charges.

20. The contractor shall not charge any extra amount for traveling or O.T. allowance for the persons complied by him. He shall not be entitled to get compensation for any damage or losses in the course of execution of work. He will not be entitled to get any extra amount for the loss or deterioration to materials used by him.

21. GUARANTEES : In addition to any and all other guarantee and warranty mentioned in the contract documents the Contractor guarantees that the entire work will be done in a satisfactory manner and free from any defects in workmanship and finish and in conformity in all respects with the specifications and directions. The Contractor also undertakes to repair or replace as the case may be at his own cost and risk any part of the work which damaged or may develop any defects due to bad workmanship or otherwise due to the fault of the Contractor within a period of one year after the written final acceptance of the work by the BSNL.

22. INSURANCE :Without limiting any of his other obligations of liabilities, the Contractor shall, at his own expense take and keep comprehensive insurance including third party risk for the plant, machinery, materials, etc. brought to the site and for all the work during the execution. The contractor shall also take out workmen's compensation insurance as required by law and undertake to indemnify and keep indemnified BSNL from and against all manner of claims and demands and losses and damages and cost (including between attorney and clients) charges and expenses that may arise in regard to the same or that BSNL may suffer or incur with respect to and/or attested copied as required by the Divisional Engineer of the policies of insurance taken within 15 days of being called upon to do so together with all premium receipts and other papers related there to which to Divisional Engineer may require.

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23. NOTIFICATION BY THE CONTRACTOR: The Contractor shall give in writing to the proper person or authority with a copy to the Divisional Engineer such notification as may be mandatory or necessary in connection with the commencement, suspension, resumption, performance and/or completion of the contracted work all notices shall be given sufficiently in advance of the proposed operation to permit proper co-relation of activities and the Contractor shall keep all proper persons or authorities involved regularly advised of the progress of operations through out the performance of the work together with such other information and/or supporting figures and date as may from time to time as directed or required.

24. DELAYS IN CONSTRUCTION: BSNL will make every reasonable effort to furnish materials required to be furnished by it under the contract and "Right of user" including the permits required to be furnished by BSNL under the contract and made available in due time so as not to delay construction. The following shall not be treated as valued executes for delay in execution and completion of work:

a) A strike from work by workmen and workwomen employed by the contractor or his authorized sub-contractor. b) The occurrence of bad weather, rain or storms as the variableness of the climate is a circumstance which is in the

contemplation of the Divisional Engineer and the contractor, when this contract made.

25. TAXES AND DUTIES : Contractor shall pay all types of 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 obligation of the parties in terms of the Contract Documents and/or in respect of the works or operation(s) or any part thereof to be performed by the Contract and the Contractor shall indemnify and keep indemnified BSNL from and against the same or any default by the Contractor in the payment thereof.

26. BREACH OF CONTRACT: a) The breach of contract is the failure or refusal to perform it, any breach of contract by one party to it gives the other

party an immediate cause of action and a right to damages as compensation for loss following from the breach of contract. A breach occurs where a party to the contract repudiates or fails to perform one or more of the obligation imposed upon him by the contract.

b) The failure to perform may take place when the time for performance has arrived or even before that. Thus, the "Breach of Contract" mentioned above covers (a) the Anticipatory Breach and (b) the Present Breach.

c) The Divisional Engineer may without prejudice to his right against the contractor in respect of any delay or inferior workmanship or otherwise or to any claims damage in respect to any breaches of the contract and without prejudice to any rights or remedies under any of the provisions of this contract and whether the date for completion has or has not lapsed by notice in writing absolutely determine the contract any of the following cases.

d) If the Contractor having been given by the Divisional Engineer a notice in writing to rectify, reconstruct or replace any defective work or that the work is being performed in any inefficient or otherwise improper or un workman like manner shall omit to comply with the requirements of such notice for a period of seven days thereafter or if the Contractor shall delay or suspend the execution of the work so that either in the judgment of the Divisional Engineer (which shall be final and binding) he will be unable to secure completion of the work by the date for completion or he has already failed to complete the work by the date.

e) When the Contractor has made himself liable for action under any of the aforesaid the TDM Palanpuron behalf of BSNL shall have powers to determine or rescind the contract as aforesaid (of which termination rescission, determined notice in writing to the Contractor under the hand of the Divisional Engineer shall be conclusive evidence.) Upon such determination or rescission the security deposit of the Contractor shall be liable to be forfeited and shall be absolutely at the disposal of BSNL.

f) The employ labour paid by BSNL and to supply materials to carry out the works or any part of the work debiting Contractor with the cost of the labour and the price of the materials (of the amount of which cost and price certified by the Divisional Engineer shall be final and conclusive against the Contractor) and crediting him with the value of the work done in all respects in the same manner and the same relates as if it has been carried out by the Contractor under the terms of the Contract. The certificate of the TDM Palanpuras to the value of the work done shall be final and conclusive against the contractor, provided always that action under the sub-Clause shall only be taken after giving notice in writing to the Contractor. Provided also that if the expenses incurred by BSNL are less than the

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amount payable to the Contractor at his agreement rates, the difference should not e paid to the Contractor. g) After giving notice to the Contractor to measure up the work of the Contractor and to take such part thereof as shall

be unexecuted of his hands and to give it to another Contractor to complete in which case any expenses which may be incurred in excess of the sum which would have been paid to the original Contractor if the whole work has been executed by him shall be born and paid by the original contractor and may be deducted from any money due to him BSNL under this contract or on any other account what so ever or from his security deposit or the proceeds of sales thereof or a sufficient part thereof as the case may be.

h) In the event of any one or more of the above courses being adopted by Divisional Engineer, the Contractor shall have no claim to compensation for any loss sustained by him by reason of his having purchased or procured any materials or entered into and engagements or made any advances on account or with a view to the execution of the work of the 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 and sum for any work thereto or actually performed under this contract unless and until the Divisional Engineer has certified in writing the performance if such work and the value payable in respect thereof and he only be entitled to be paid the value so certified.

i) In any case in which any of the powers conferred upon the Divisional Engineer by the above clauses, shall have become exercisable and the same shall not be exercised, the no-exercise thereof shall not constitute a waver of any of the conditions here of and such power shall not withstanding be exercisable in the event of any future case of default by the Contractor and the liability of the Contractor for compensation shall remain unaffected. In the event of the Divisional Engineer putting in force all or any of the powers vested in him under the preceding Clause, he may, if he so design powers vested in him under the preceding Clause, he may if he so desires after giving a notice in writing to the Contractor, take possession of (or at the sole discretion of the Divisional Engineer which shall be final) use as on the hire (the amount of the money being also in the final determination of the Divisional Engineer) all or any tools, plant, materials and stores, in or upon the works or the site there of, belonging to the Contractor, or procured by the Contractor and intended to be used for the execution of the work or any part thereof, paying or allowing for the same and amount at the contract rates, or in the case of these not being applicable, at current market rates to be certified by the Divisional Engineer, whose certificate thereof shall be final, otherwise the D.E. by notice initiating to remove such tools, plant, materials, or stores from the premises (within and a time to be specified in the such notice) and in the event of the Contractor failing to comply with any such requisition, the D.E. may remove the contractor and at his risk in all respects and the certificate of the D.E. as to the expense of any such removal and the amount of the proceeds and expense of any such sale shall be final and conclusive against the contractor.

j) If the Contractor shall desire an extension of time for completion of the work on the grounds of his having been unavoidably hindered in its execution or on any other ground, he shall apply in writing to the Divisional Engineer Within 30 days of the date of hindrance on account of which he desire such extension as aforesaid and the Divisional Engineer shall, if in his opinion. (Which shall be final) reasonable grounds be shown thereof, authorize such extension of time if any, as may, in his opinion, be necessary of proper.

k) If at any time after commencement of the work the President of India shall for any reason whatsoever not require the whole work thereof as specified in the tender to be carried out the Divisional Engineer shall give notice in wiring of the fact to the Contractor who shall have no claim to any payment of compensation whatsoever on account of any profit or advantage which he might have derived from the execution of the work in full, by which he did derive in consequence of the full amount of the work not having been carried out, neither shall have any claim for compensation by reason of any alteration having been made in the original specifications, drawings, designs and instruction which shall involve any curtailment of the work as originally contemplated.

27. LIABILITIES OF CONTRACTORS : a) The contractors shall be liable for all costs, damages, charges and expenses suffered or incurred by the Palanpur Telecom

District due to the contractors, negligence and unworkman like performance of any service under this contractor or breach of any terms there of or their failure to carry out the work with a view to avoid damages etc. and for all damages or losses occasioned to the Palanpur Telecom District or in particular to any property or plant belonging to the Palanpur Telecom District due to any act whether negligence or otherwise of the contractors themselves or their employees. The decision of the Telecom District Manager, Palanpur Telecom District regarding such failure of the contractors and their liability for the losses etc. suffered by Palanpur Telecom District shall be final and binding on the contactors.

b) The Palanpur Telecom District shall be at liberty to reimburse themselves of any damages, losses, charges, costs or expenses suffered or incurred by it due to contractors negligence and un workman like performance of service under the contract or breach

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of any terms thereof. The total sum claimed shall be deducted form any sum then due or which at any time hereafter may become due to the contractors under this or any other contract with the Palanpur Telecom District. In the event of the sum which may be due from the Palanpur Telecom District as aforesaid being insufficient the balance of the total sum claimed and recoverable from the contractors as aforesaid shall be deducted from the security deposit furnished by the contractors. Should this sum also be not sufficient to cover the amount claimed by the Palanpur Telecom District on demand the remaining balance of the aforesaid sum claimed.

c) In the event of default on the part of the contractors in providing labour, Tools etc, and their failure to perform any of the services mentioned in this agreement efficiently and to the entire satisfaction to Palanpur Telecom District or any officer acting on his behalf, the Telecom District Manager Palanpur Telecom District shall without prejudice to other right and remedies under this agreement, have the right to recover by way of compensation from the contractors a sum which will be a part of the default as the Telecom District Manager, Palanpur Telecom District in his absolute discretion may determine and the decision of the Telecom District Manager, Palanpur Telecom District on the question whether the contractors have committed such default or have failed to perform any of such services efficiently and are liable to pay compensation and as to the quantum of such compensation shall, such ect and are approval by the Telecom District Manager, Palanpur Telecom District be final and binding on the contractors.

d) Any sum of money due and payable to the contractors (including security deposit returnable to them) under this contractors may be appropriated by the Palanpur Telecom district and set-off against any claim of the Palanpur Telecom District for the payment of any sum of money arising out of or under any other contract made by the contractors with the Palanpur Telecom District.

28. INSPECTION AND AUDIT OF ACCOUNTS : All accounts, books, paper and documents pertaining to operations carried out in connection with the contract shall be open for inspection, audit and counter-signature by the Telecom District Manager, Palanpur Telecom District or an officer acting on behalf, including the Accounts and Audit officer, The contractors shall be responsible to produce the same at such time and place as may be directed by the Telecom District Manager Palanpur Telecom District.

29. VOLUME OF WORK : Subject as herein after mentioned Telecom District Palanpur do not guarantee any definite volume of work of particular pattern of service at any time or throughout the contract. The mere mention of any item of work in this contract does not by itself confer right on the contracts to demand that the work relating to all or any item thereof should necessarily or exclusively be entrusted to them. The Palanpur Telecom District will also have the exclusive right to appoint one or more contractor for any or all the services mentioned hereunder and to divide the work as between such contractors in any manner that the Palanpur Telecom District may, decide and no claim shall be lie against the Palanpur Telecom District by reason division of work.

30. 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 TDM Palanpur shall have the power to terminate the contract with out any notice.

31. With out prejudice to any of the rights or remedies under this contract, if the contactor dies, the TDM Palanpur on behalf of the BSNL can terminate the contract without compensation to the contractor. However the TDM Palanpur, 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 TDM Palanpur shall be the final.

32. 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.

33. Interpretation of the contract document: The representative of the TDM Palanpur 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

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the TDM Palanpur 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.

34. REMUNERATION : (a) If the contractor is required to perform any service in addition to those specifically provided for in the contract and the annexed

schedule, the contractors remuneration for the same will be paid at the rates as negotiated and fixed by mutual agreement. Failing such as agreement the matter shall be referred to Arbitration.

(b) The Contractors will have right to represent in writing to the Telecom District Manager Palanpur Telecom District that a particular service, which they are being called upon to perform, is not covered by any of the services specifically provided for in the contract, as the case may be, is not auxiliary of incidental to such services, provided that such representation in writing must be made within 15 days after the date of actual performance of such services. If no such representation in writing is received within the said time, the contractor’s right in this regard will be deemed to have been waived.

(c) The question whether a particular service is not covered by any of the services specifically described and provided for in the contract or is not auxiliary or incidental to any of such services shall be decided by the Telecom District Manager Palanpur Telecom District whose decision shall be final and binding on the contractor.

35. SITE INVESTIGATION AND REPRESENTATION : a) The contractor shall satisfy himself as to the natures, locations of the general and local conditions particularly those bearing upon

transportation, handling and storage of materials, availability of labour, power and roads and uncertainties of weather, river stages of similar physical conditions at 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 effect the work of the cost there under this contract. The contractor shall further satisfy himself as to the character, quality and quantity of surface and sub-surface materials and any sub-surface structures to be encountered.

b) The Contractor shall investigate fully hazards and safeguards against them and the contractor must provide for, the protection of person animals and property.

c) Any failure by the contractor to do so shall not relieve him of responsibility for estimating property the difficulty or cost of completely and satisfactorily performing contracted work.

d) BSNL assumes no responsibility whatever for any oral understanding or representations made by any officers or agent or servants prior to the execution of the contract and all previous negotiations and understandings are hereby cancelled.

e) The Contractor shall be well aware of the soil conditions of the route of construction of line work and shall take due precaution at his own cost for the protection to the pipes till he hands over the same BSNL.

f) The contractor acknowledges that he assumes all risks contingent upon the nature of the sub-surface conditions. Rock cores, etc. to be actually encountered by him in performing the work covered by the contract, even though such actual conditions may result in the contractor performing more or less work than originally anticipated.

38. SAFETY PRECAUTIONS a) The contractor shall provide all the tools, danger flags, safety purpose, it is recommended to use rubber shoes,

rubber gloves, helmets, insulated pliers, neon testers etc. so as to avoid any fatal due to electrocution. The Contractor is responsible for providing all tents and tools to their work force generally used tools in line construction are crowbars, one sides country picks, spades, small baskets, rope sisal, various tools and accessories for jointing and soldering such as bolt, Britannia vice binding tool, sleeve twist, soldering bolt T-shaped large, when wires are being erected at a crossing with power wires and fitting they should be considered as "live" and dangerous, whatever be the voltage.

b) The usual attention should be paid to the possibility of contract with the power line precautions to avoid contract whether directly or indirectly, should be taken. Particular due to swinging go the line wire at the time of erection. Ordinarily, the work should be carried out only after the electric power has been cut off and an employee of the power undertaking is present to ensure this. When L.T. circuit can not be disconnected, utmost care should be taken to avoid contracts and workmen handling wires hold invariably wear a pair of gauntlet rubber gloves which should be

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maintained in good condition. Co-ordination with S. E .Co., G.E.B. shall be done by the contractor. c) The contractor is solely responsible for any accident and liability arising out of such accidents whether total or no-

fatal. The contractor should also have knowledge of treatment to be given in case of electric shock. Tents not be stitched very near to over head power line or within falling distance of trees and tall structure such as transmission line supports.

d) Care should be taken to see that apparatus, tools or any type implements are not left in a dangerous or insecure position as to fall or be knocked into the work spot thereby injuring any workmen who may be working inside the trench at building premises or at any where O/H lines.

SECTION – X

DECLARATION REGARDING NEAR RELATIVES

(TENDER NO:- ET- 29/Tender/ U.G.Cable laying & Allied work for Development / Construction & Maintenance work dated 08.11.2016)

This is to declare that I, Shri ____________________________ son of Shri _____________________________________ Proprietor / Partner(s) of the firm / company ______________________________________________ having residence at _____________________________________________ not having any near relatives employed in BSNL. No person related to above mentioned firm / company is employed in BSNL. 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 Tenderer with seal NOTE :-

1. In case of proprietorship firm, declaration will be given by the proprietor

2. In case of partnership firm, declaration will be given by all the partners

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3. In case of limited company, declaration will be given by all the Directors of the company

SECTION – XI CHECKLIST FOR BIDDER


Have you ensured uploading of scanned copy of following documents? Sr No PARTICULAR YES / NO/N.A.

1 Have you study the complete tender document and agree with all condition of tender document?

2 Have you gone through the terms & condition & scope of work mentioned in the tender document?

3 Have you submitted your bid as mentioned in Clause No 16 of Section VI

4 Have you signed all the pages of tender document with seal?

5 Have you submitted a DD of Rs 1000/- against the tender form fee (non refundable) along with the EMD?

6 Have you enclosed the E.M.D as mentioned in NIT?

7 Have you submitted bid form duly filled in as per section II?

8 Have you submitted tenderer’s profile duly filled in proforma given in section III ?

9 Have you submitted copy of registration of firm or shop act license or sales tax registration or service tax registration or an affidavit for sole proprietorship of the firm (for in case of proprietorship firm)

10 Have you submitted the copy of Memorandum of Associates? (in case of company)

11 Have you submitted the copy of the partnership deeds & No objection certificate from all other partners? (in case of partnership firm)

12 Have you submitted the original Power of Attorney? (if applicable)

13 Have you enclosed the latest bank solvency certificate?

14 Have you enclosed the service tax registration certificate or submitted the undertaking?

15 Have you enclosed the EPF registration certificate or submitted its undertaking?

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16 Have you enclosed the ESI registration certificate or submitted its undertaking?

17 Have you enclosed declaration certificate that none of your near relative not working in BSNL?

18 Have you submitted copy of experience certificate as per tender condition?

19 Have you submitted the copy of PAN card & last income tax return?

20 Are all the scan copies of documents / certificates dully self attested?

21 Have you submitted a latest & valid NSIC/MSME certificate (if applicable)

N.A. : - Not Applicable

SECTION – XII E-TENDERING INSTRUCTIONS TO BIDDERS

The General & Special instruction (for e-Tendering) Supplement, “Instructions to bidders” as enclosed in section – IV, V, VI, VII,VIII & IX of the tender document. Submission of Bids only through online process is mandatory for this Tender. E-Tendering is a new methodology for conducting Public Procurement in a transparent and secured manner. Suppliers/vendors will be the biggest beneficiaries of this new system of procurement. For conducting electronic tendering, BSNL, Gujarat has decided to use the portal Benefits to Suppliers are outlined on the Home-page of the portal. https://eprocurement.synise.com/bsnl1/gujarat 1. Tender Bidding Methodology:

Sealed Bid System - ‘Single Stage - Two Envelopes’, followed by ‘e-Reverse Auction’ if applicable after opening of Financial-part (Financial &Technical bid shall be submitted by the bidder at the same time)

2. Broad outline of activities from Bidders prospective: I. Procure a Digital Signing Certificate (DSC) II. Register on Electronic Tendering System on e-procurement portal of Gujarat Circle III. View Notice Inviting Tender (NIT) on e-procurement portal of Gujarat Circle IV. Download official copy of Tender Documents from e-procurement portal of Gujarat Circle V. Clarification to Tender Documents on e-procurement portal of Gujarat Circle

Query to BSNL (Optional) View response to queries posted by BSNL, as addenda.

VI. Bid submission of e-procurement portal of Gujarat Circle VII. Attend Public Online Tender Opening Event (TOE) on e-procurement portal of Gujarat

Circle for opening of technical part VIII. View/post TOE Clarification on e-procurement portal of Gujarat Circle (optional) respond to

BSNL’s post-TOE queries IX. Attend Public Online Tender Opening Event (TOE) on e-procurement portal of Gujarat

Circle on opening of financial-Part (Only for Technical Responsive Bidders)

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X. Participate in e-Reverse Auction if applicable on e-procurement portal of Gujarat Circle For participating in this tender online, the following instructions are to be read carefully. These instructions are supplemented with more detailed guidelines on the relevant screens of the e- procurement portal of Gujarat Circle. 3. Digital Certificates

For integrity of data and its authenticity/ non-repudiation of electronic records, and be compliant with IT Act 2000, it is necessary for each user to have a Digital Certificate (DC) also referred to as Digital Signature Certificate (DSC), of Class 2 or above, issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer http://www.cca.gov.in].

4. Registration To use the Electronic Tender portal https://eprocurement.synise.com/bsnl1/gujarat Vendor need to register on the portal (if not registered earlier). Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e-tendering activities. In E-procurement terminology, this person will be referred to as the Super User (SU) of that organization. For further details, please visit the website/portal https://eprocurement.synise.com/bsnl1/gujarat (on the Home Page), and follow further instructions as given on the site. Note: After successful submission of Registration details and Annual Registration Fee (as applicable). Please contact Synise Technologies Ltd. Helpdesk (as given below), to get your registration accepted/activated. Synise Technologies Ltd. Helpdesk

Telephone Phone: +91-020-30277517 / 30277516 / 30277522

[between 10:00 hrs to 18:00 hrs on working days Monday to Saturday]

Contact Person Mr. Indrajeet, Mr. Ashok & Mr.Vicky Emergency Mobile Nos. +91 7774013248 / 7774013247 / 9822909636 E-mail ID [email protected]

BSNL Contact BSNL’s Contact Person Shri B.P.Patel AGM (PLG)

Telephone/ Mobile 02742-252800/ 09427008182 [between 10:30 hrs to 17:00 hrs on working days] E-mail ID [email protected] & [email protected]

BSNL’s Contact Person Shri K.P.Parmar, SDE (PLG)

Telephone/ Mobile 02742-253780/ 09427309870

[Between 10:30 hrs to 17:00 hrs on working days]

E-mail ID [email protected] 5. Bid related Information for this Tender (Sealed Bid) The entire bid-submission would be online on e-procurement portal of Gujarat Circle. Broad outline of submissions are as follows:

mailto:[email protected]



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Submission of Bid Security/ Earnest Money Deposit (EMD) Submission of digitally signed copy of Tender Documents/ Addendum

Two Envelopes Technical Bid Financial BID

Each of the above electronic envelopes consists of Main bid and Electronic form (both mandatory) and bid Annexure (Optional). NOTE: - Bidder must ensure that after following above the status of bid submission must become-“Complete” 6. Offline Submissions: The bidder is requested to submit the following documents offline to AGM(PLG) O/OTDM Palanpur room no 109 1st floor jorawar palace Palanpur on or before the date & time of submission of bids specified in NIT of this tender document, in a Sealed Envelope. The envelope shall bear (the project name), the tender number and the words ‘DO NOT OPEN BEFORE’ (due date &time). EMD-Bid Security (Original copy). DD/ Bankers cheque of Rs. 1000.00drawn in favor of AO (Cash), O/OTDM, BSNL Palanpur,

payable at Palanpur against payment of tender fee. Power of attorney in accordance with clause 15 of Section-VI along with attested copy of Board

resolution. Integrity pack (if applicable)

Note: The Bidder has to upload the Scanned copy of all above said original documents as Bid- Annexure during Online Bid-Submission also. 7. Special Note on Security of Bids

Security related functionality has been rigorously implemented in e-procurement portal of Gujarat Circle in a multidimensional manner. Starting with 'Acceptance of Registration by the Service Provider', provision for security has been made at various stages in Electronic Tender's software. Specifically for Bid Submission, some security related aspects are outlined below: As part of the Electronic Encrypter™ functionality, the contents of both the ‘Electronic Forms’ and the ‘Main-Bid’ are securely encrypted using a Pass-Phrase created by the Bidder himself. Unlike a ‘password’, a Pass-Phrase can be a multi-word sentence with spaces between words (eg I love this World). A Pass-Phrase is easier to remember, and more difficult to break. It is recommended that a separate Pass-Phrase be created for each Bid-Part. This method of bid- encryption does not have the security and data-integrity related vulnerabilities which are inherent in e-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid-encryption. Bid-encryption in e-procurement portal of Gujarat Circle is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE), even if there is connivance between the concerned tender-opening officers of the Buyer organization and the personnel of e-tendering service provider. Typically, ‘Pass-Phrase’ of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself, when demanded by the concerned Tender Opening Officer. There is an additional protection with SSL Encryption during transit from the client end computer of a Supplier organization to the e-tendering server/ portal.

8. Public Online Tender Opening Event (TOE) e-procurement portal of Gujarat Circle offers a unique facility for ‘Public Online Tender Opening Event (TOE)’. Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices. For this purpose, representatives of bidders (i.e. Supplier organization) duly authorized are requested to carry a Laptop and Wireless Connectivity to Internet.

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Every legal requirement for a transparent and secure ‘Public Online Tender Opening Event (TOE)’ has been implemented on e-procurement portal of Gujarat Circle As soon as a Bid is decrypted with the corresponding ‘Pass-Phrase’ as submitted online by the bidder himself (during the TOE itself), salient points of the Bids are simultaneously made available for downloading by all participating bidders. The tedium of taking notes during a manual ‘Tender Opening Event’ is therefore replaced with this superior and convenient form of ‘Public Online Tender Opening Event (TOE)’. e-procurement portal of Gujarat Circle has a unique facility of ‘Online Comparison Chart’ which is dynamically updated as each online bid is opened. The format of the chart is based on inputs provided by the Buyer for each Tender. The information in the Comparison Chart is based on the data submitted by the Bidders. A detailed Technical and/ or Financial Comparison Chart enhance Transparency. Detailed instructions are given on relevant screens. e-procurement portal of Gujarat Circle has a unique facility of a detailed report titled ‘Minutes of Online Tender Opening Event (TOE)’ covering all important activities of ‘Online Tender Opening Event (TOE)’. This is available to all participating bidders for ‘Viewing/ Downloading’. There are many more facilities and features on e-procurement portal of Gujarat Circle. For a particular tender, the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer. NOTE: In case of internet related problem at a bidder’s end, especially during ‘critical events’ such as – a short period before bid-submission deadline, during online public tender opening event, during e- auction, it is the bidder’s responsibility to have backup internet connections. In case there is a problem at the e-procurement/ e-auction service-provider’s end (in the server, leased line, etc) due to which all the bidders face a problem during critical events, and this is brought to the notice of BSNL by the bidders in time, then BSNL will promptly re-schedule the affected event(s). 9. Other Instructions For further instructions, the vendor should visit the home-page of the portal https://eprocurement.synise.com/bsnl1/gujarat and go to the User-Guidance Center The help information provided through ‘e-procurement portal of Gujarat Circle User-Guidance Center’ is available in three categories - Users intending to Register /First-Time Users, Logged-in users of Buyer organizations, and Logged-in users of Supplier organizations. Various links are provided under each of the three categories. Important Note: It is strongly recommended that all authorized users of Supplier organizations should thoroughly peruse the information provided under the relevant links, and take appropriate action. This will prevent hiccups, and minimize teething problems the use of e- procurement portal of Gujarat Circle The following ‘FOUR KEY INSTRUCTIONS for BIDDERS’ must be assiduously adhered to: Obtain individual Digital Signing Certificate (DSC or DC) well in advance of your first tender

submission deadline on e-procurement portal of Gujarat Circle Register your organization on e-procurement portal of Gujarat Circle well in advance of your

first tender submission deadline on e-procurement portal of Gujarat Circle Get your organization’s concerned executives trained on e-procurement portal of Gujarat Circle

well in advance of your first tender submission deadline on e-procurement portal of Gujarat Circle

Submit your bids well in advance of tender submission deadline on e-procurement portal of Gujarat Circle (There could be last minute problems due to internet timeout, breakdown, et al) While the first three instructions mentioned above are especially relevant to first-time users of e- procurement portal of Gujarat Circle, the fourth instruction is relevant at all times.

10. Minimum Requirements at Bidders end

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Computer System with good configuration - the users have to ensure that they have Computer System with good configuration (Min P IV, 1 GB RAM, Windows XP) / Windows Vista / Windows 7 installed in their respective PC / Laptop

Broadband connectivity. Microsoft Internet Explorer 8.0 or above Digital Certificate(s) for users Class- 2 and above

11. Information to Vendor regarding procedure to be follow for e-tendering: -

This office will provide necessary information to vendor on or before 07.12.2016 for filling e-tender, if require.

(Annexure - A) PERFORMA FOR PERFORMANCE SECURITY GUARANTEE BOND


In consideration of the TDMBSNL, Palanpur (hereinafter called ‘BSNL’) having agreed to exempt ___________________ (hereinafter called ‘the said contractor) from the demand under the terms and conditions of tender dated __________ made between ‘BSNL’ and ‘the said contractor’ for Underground Cable laying & allied works for Development work in the jurisdiction of Palanpur SSA (hereinafter called “the said agreement ”), of security deposit for the due fulfillment by the said contractor of the terms and conditions contained in the said Agreement, on production of the bank guarantee for Rs.__________.

1. We, (name of the bank) _________________________ (hereinafter refer to as “the bank”) at the request of ___________________________________ (contractor) do hereby undertake to pay to the BSNL an amount not exceeding Rs.___________________ 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 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 of any of the terms or conditions contained in the said Agreement or by reason of the contractors 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 Rs.______________.

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

52



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 or till AGM(PLG),O/OTDM,BSNL, Palanpur certifies that the terms and conditions of the said Agreement have been fully or properly carried out by the said contractor and accordingly discharges this guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before the expiry of two years (as specified in Agreement) from the date hereof, 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 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 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 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. 7. We (name of the bank) ____________________ lastly undertake not to revoke this guarantee during its currency

except with the previous consent of the BSNL in writing. Place: Date: for ______________________________

(Indicate the name of bank)

(Annexure - B)

DRAFT FOR AGREEMENT

This 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 his successors, heirs, executors, administrative representatives and assignees) of the one part and Bharat Sanchar Nigam Limited here in after referred to as BSNL, of other part. Where as the contractor has offered to enter into contract with the BSNL for Underground Cable laying & allied for Development/Construction & Maintenance work in Palanpur SSA mentioned in the Schedule Of Rates of the tender on the terms & Conditions herein contained and the rates approved by BSNL (Copy of Rates annexed ) have been duly accepted and where as the necessary security deposits have been furnished in accordance with the provisions of the tender document and whereas no interest will be claimed on the security deposits. Now these present witnesses 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 contract (mentioned in FAT) or completion of work for Rs. ___________________ whichever is earlier or until this contact shall be determined by such notice as is hereinafter mentioned, safely carryout, by means of labours employed at his own expenses and by means of tools, implements & equipment etc. to be supplied by him to his labour at his own expenses, the work of trenching & Laying of Underground Cable laying & allied for Development/Construction & Maintenance work in the areas under Anand & Palanpur zone in Palanpur SSA, when BSNL or TDM Palanpuror any other persons authorizes by TDM Palanpurin

53



that behalf requires. 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.

2) The NIT (notice inviting tender) Bid documents (Technical & 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 deemed and taken to be an integral part of the contract and shall also be deemed to be included in the expression ‘’ The Agreement’’ or ‘’ The Contract’’ wherever herein used.

3) The Contractor shall also supply the requisite number of workmen with means & materials as well as tools, appliances, machines, implements, vehicles for transportation, cartage etc. required for the proper execution of work within the time prescribed in the work orders.

4) The Contractor hereby declares that nobody connected with or in the employment of the DOT/ BSNL is not / shall not ever be admitted as partner in the contract.

5) The Contractor shall, during the period of this contract, comply with all the mandatory provision of labour laws, EPF, ESI & Misc provision Act & Employer Provident Scheme in respect of Labours/Employees engaged for performing the work under the contract as per terms and conditions stipulated in the tender document.

6) The Contractor shall abide by the terms & Conditions, rules, Guidelines, Construction Practices, safety precautions etc. stipulated in the tender document including any correspondence between the contractor and BSNL having bearing on execution of work and payments of work to be done under the contract. In witness whereof the parties present have herein to set their respective hands and seals the day and year in _______________

Signed & sealed by contractor Signed on behalf of the Bharat Sanchar Nigam Limited

ANNEXURE-C UNDERTAKING & DECLARATION

Ref: - Your e-tender TENDER NO:- ET- 29/Tender/ U.G.Cable laying & Allied work for

Development / Construction & Maintenance work dated 08.11.2016

(A) Certified that,

1. I/We____________________________________________________________________ have read, understood and

agree with all the instructions to bidder, terms and conditions, specification included in the

tender documents & offer to execute the work at the rate quoted by us in the tender form

2. If I/we fail to enter into the agreement & commence the work in time the EMD / SD

deposited by us will stand forfeited to the BSNL

(B) The tenderer hereby covenants and declares that

1. All the information, documents, photocopies of the documents / certificate enclosed

alongwith the tender offer are correct

2. If anything is found false and / or incorrect and / or revels and suppression of fact at any

time, BSNL reserves the right to debar our tender offer / cancel the LOA / LOI /Purchase /

Work Order if issued and forfeit the EMD / SD /Bill amount pending with BSNL. In addition,

BSNL may debar the contractor from participation its future tender

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Date: - __.__._____ Signature of Tenderer _________________

Place: - ____________ Name of Tenderer

With date and seal_____________________

ANNEXURE-D MANDATE FORM

(Authorization letter for payment of supplier’s / contractor’s bill through e-payment scheme) PROFORMA 1 Name of the company / firm

2 Address

3 Particular of Bank Account Name of the Bank Branch Name Type of Account (SB Account / current

account)

Ledger No. / Folio No. Name of the Account Holder Account No as appearing on the

cheque book / pass book

Branch code

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Address

Telephone No of the Branch Whether SEFT System available (Yes/

No)

Whether RTGS enable branch (Yes/ No)

If RTGS enable, give IFSC Code 9 digit code Number of the bank and

branch as appearing on MICR Cheque issued by the Bank

Abbreviation / acronym used above is as under

1. SEFT: - Special Electronic Fund Transfer

2. RTGS : - Real Time Gross Settlement

3. MICR: - Magnetic Ink Character Recognition

ANNEXURE- E

Clause by Clause compliance certificate

Ref: - Your T. TENDER NO:- ET- 29/Tender/ U.G.Cable laying & Allied work for Development / Construction & Maintenance work dated 08.11.2016

It is to certify that the tender document is carefully read & understood and all the sections and clauses are compiled unconditionally and unequivocally. There is no

deviation from the terms and conditions of the tender.

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Signature of Tenderer with seal _________________

SECTION – XIII

The following scale of payment shall be applied for less digging due to technical reasons/difficulties.

(A) For cables having size of 10 pair and above Depth between Rate applicable as % of approved rates for 100 CM 90 Cms to 99 Cms proportionate of approved rates 80 Cms to 89 Cms 75 % of approved rates 70 Cms to 79 Cms 65 % of approved rates 60 Cms to 69 Cms 50 % of approved rates

Below 60 Cms NIL

(B) For 5 pair cable

Depth between Rate applicable as % of approved rate for 60 CM 50 Cms to 59 Cms proportionate of approved rates 40 Cms to 49 Cms 50 % of approved rate for 60 CM 30 Cms to 39 Cms 40 % of approved rate for 60 CM

29 Cms & less NIL

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SECTION – XIV

RATES OF EMPTY CABLE DRUMS These are the rates of the empty cable drums which have to be deducted from contractors’ bills as per terms and conditions of the tender document.

S. No. Size of drum Rate of disposal per Drum

1 1200 pairs and above 660

2 800 pairs 600

3 400 pairs 456

4 200 pairs 300

5 100 pairs 180

6 50 pairs 150

7 20 pairs 120

8 10 pairs/5 Pairs. 90

Note:

1. These are fixed rates and no variation shall be acceptable from these rates. 2. The rates are fixed and there is no percentage above or below applicable on these rates.

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BHARAT SANCHAR NIGAM LIMITED

(A Govt. of India Enterprise) O/OTELECOM DISTRICT MANAGER TELECOM DISTRICT, PALANPUR

TENDER--TENDER NO:- ET- 29/Tender/ U.G.Cable laying & Allied work for Development / Construction & Maintenance work dated 08.11.2016

UNDERGROUND CABLE LAYING & ALLIED WORKS FOR THE DEVELOPMENT / CONSTRUCTION &

MAINTENANCE WORK IN THE JURIDICTION OF PALANPUR SSA

PART – B

FINANCIAL BID

a. The tenderer shall quote the rates online in English, both in figures as well as words. In case of any difference in

rates written in words and figures, the rates written in words will be taken as rate quoted. If the bidder does not accept the correction of the errors, his bid shall be rejected.

b. The quoted rates should be inclusive of Transportation of materials, all Charges & Taxes except Service Tax, if applicable.

c. The rates shall be quoted by the bidder as percentage below / above / at par on the schedule of rates given in Financial Bid.

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d. No separate transportation charge are payable for any work. All the materials, which are to be supplied by BSNL, will have to be transported from district store depot to work site at contractor’s own cost.

e. The service Tax will be paid by BSNL as per Notification No. 30/2012- service tax and guidelines issued by Government of India, Ministry of finance from time to time and contractor will l have to submit certificate of

registration with service tax authority & will be required to quote his service tax registration number in the bills invariably.

f. The prospective tenderers are advised to make a detailed survey of the areas in Telecom District Palanpur for which they are quoting rates and familiarize themselves about the soil and terrain, so that the rates quoted take all factors into consideration.

g. Conditional tender such as with a mention that increase in market rates or taxes or labour rates or duties etc. will be charged extra will stand disqualified and will not be accepted.

h. Rates once fixed will remain valid for the period of contract. Increase and decrease of taxes/duties will not affect the rates during this period. Unexpected difficulty in execution of work is not an excuse for any increase in rate.

i. For Financial Bid: - The evaluation will be done as per the rate quoted online in financial bid on percentage basis, above, below or at par, of SOR. The bidder who has quoted the lowest rate shall be decided L-1 bidder

SECTION – XV Annexure ‘A’

Schedule of Rate (SOR) for UG Cable Construction Works in Palanpur SSA

Sr.

No.

Item

Code

Description of Item Unit Propose

Revised SOR

(In Rs.) 1A Excavating of trenches (1M depth) of A

Type including back filing, Compacting [after laying the Cable(s)] and removing excess earth from site. [1M X 1M X 1M]

Per Meter

1A1 In non surfaced strata

1A1.1 All kinds of soils 38.10

1A1.2 Rocky strata 177.10

1A2 Surfaced strata

1A2.1 Footpaths

1A2.1.1 Tarmac/ Asphalt 36.20

1A2.1.2 Kharanja 35.20

1A2.1.3 Tiled 33.80

1A2.1.4 Cement Concrete 45.00

1A2.2 Along roadside

1A2.2.1 Tarmac 42.00

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1A2.2.3 Tiled 37.80

1A2.2.4 Cement Concrete 67.20

1A2.3 Road crossings

1A2.3.1 Tarmac 44.00


1A2.3.3 Tiled/Cement Concrete 66.10

1A2.3.4 Reinforced Cement Concrete 78.00

1A-3 Trenching and laying of 5 pairs cable in a

separate trench with a depth of 60 CM 21.00

1.1 1RCH Road Crossing through horizontal boring by manual method and inserting

100/150 dia GI/DWC pipes

Per Meter 260.00

1.2 1GIP Laying and Fixing of G.I pipe on Bridges

and culverts Per Meter

1GIP1 UP to 40 mm dia 11.00

1GIP2 Above 40 mm and Up to 80 mm dia 14.00

1GIP3 Above 80 mm dia 16.00

1.3 1RCC Laying and Fixing of and sealing of full

round RCC pipes and road crossing Per Meter

1RCC1 UP to 150 mm dia 9.70

1RCC2 Above 150 mm and Up to 225 mm dia 12.00

1RCC3 Above 225 mm dia 14.30

1.4 1PCC Providing RCC protection at site reinforced by weld mesh

Per cubic meter

2750.00

1WLD Weld Mesh 50mm x 100mm, 12s.w.g. Per square meter

46.20

2.0 2PLT Pulling and laying of cable in

trenches and pipes Per Meter

2PLT1 5/10 Pairs to 50 Pairs 3.75

2PLT2 100/200 Pairs 6.15

2PLT3 400 Pairs 16.00

2PLT4 800 Pairs 18.10

2PLT5 1200 Pairs and above 20.40

2.1 2RLT Recovery of old directly burring cables/ pipes

Per Meter

2RLT1 Up to 50 pairs 3.92

2RLT2 100/200 Pairs 5.00

2RLT3 400 Pairs 13.00

2RLT4 800 Pairs 16.00

2RLT5 1200 Pairs and above 20.40

2.2 2PLD Pulling of cables in ducts Per Meter

2PLD1 400 Pairs 13.30

2PLD2 800 Pairs 17.10

2PLD3 1200 Pairs 20.40

2.3 2BLD Back Pulling of cables from ducts Per Meter 2BLD1 Up to 200 Pairs 11.12

2BLD2 400 Pairs 11.12

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2BLD3 800 Pairs 14.88

2BLD4 1200 Pairs and above 18.56

3 3WPL Providing warning/ protection layer Per Meter 3WPL1 Placing half round RCC pipes/stone

slabs/pre cast RCC slabs 7.00

3WPL2 Providing and laying longitudinal Brick layer

12.25

3WPL3 Providing and laying Transverse Brick layer

22.00

4 4COPP Constructions of plinth for pillar Each 4COPP1 For pillars up to 1000 pairs 2550.00

4COPP2 For pillars above 1000 pairs 3850.00

4ERP Erection, Painting and sign writing of pillars

Each

4ERP1 For pillars up to 1000 pairs 382.80

4ERP2 For pillars above 1000 pairs 459.00

5 Repairing & re-erection works if

required, painting or re-Painting works with labour charges of

cleaning by glass paper, coating with red oxide, application of double layer of colour and sign writing (On cabinet & pillars) with No., Notice &

BSNL logo with material

Each

5CABP For Cabinet 520.00

5PILP For Pillar 404.25

6DP Erection, termination, painting and sign writing of DPs

Each

6DPE External DPs 6DPE1 10 pairs 288.20

6DPE2 20 pairs 300.30

6DPN Internal DPs 6DPN1 5/10 pairs 104.00

6DPN2 20/50 pairs 105.00

7 7TRM Termination of cables on MDF and

pillars/cabinet

Per 100 Pairs

7TRMM Termination of cables on MDF. 138.60

7TRMP Termination of cables on pillars. 138.60

8 8JC Jointing of Cables (Straight and branch joints) and end-to-end

testing.

Per Joint

8JC1 Up to 20 pairs 145.00

8JC2 Up to 50 pairs 278.40

8JC3 100 pairs 375.00

8JC4 200 pairs 517.50

8JC5 400 pairs 660.00

8JC6 Above 400 pairs additional rates payable per 100 pairs in excess of 400 pairs

88.00

8.1 8JAT Teeing work, testing and removal of

Tee

Per Pair

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8JAT1 Teeing 4.00

8JAT2 Release of Tee 4.00

9 Making Jointing Pits by digging/cutting different types of strata & refilling the Joint Pit after attending the fault (1M X 1M X 1M)

Per Cubic Meter

9A For Kachha Surface 78.75

9B For Asphalt Surface 99.75

9C For Stone / Tiles Surface 168.00

9D For CC/RCC Rocky Surface 238.35

10 Digging/Cutting different types of strata for UG Cable laying (Within

Customer Premises / Housing Societies)

RM

10(i) (i) Cement Concrete 26.00

10(ii) (ii) Asphalt 10.40

10(iii) (iii) Tiles / Stone 17.30

11 Resurfacing in case of trenching only (Inclusive of all materials)

RM

11 (i) (i) Cement Concrete 26.55

11 (ii) (ii) Asphalt 13.40

11 (iii) (iii) Tiles / Stone 35.00

12 Fixing UG Cables on Wall up to 20 Pr with clamps (clamps spacing of Max 50 cm and clamps to be provided by

the contractor at his cost)

Per RM per Cable

(i) One Cable 6.00

(ii) Two or more Cable 3.30

13 Fixing UG Cables on Wall up to 50 Pr

with clamps (clamps spacing of Max 50 cm) and clamps to be provided

by the contractor at his cost

RM 9.25

14 14 (i) (i) Cutting floor to floor holes up to 15 mm dia and Repairing the holes after

entering pipe/cable with Cement (1:2:4) or other required materials (Inclusive of

materials)

Each 34.70

14 (ii) (ii) Cutting holes through side wall up to 15 mm dia and Repairing the holes after

entering pipe/ cable with Cement

(1:2:4) or other required materials (Inclusive of materials)

Each 12.00

14 (iii) (iii) Cutting holes through window /door etc (15 mm dia and repairing the holes after entering pipe/cable with required

Materials (Inclusive of materials)

Each 12.00

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SECTION XVI

RATE SHEET

To,

The Telecom District Manager,

New Telephone Exchange Building,

Jorawar Palace, Palanpur.

Subject: - Our Financial Bid for Cable Construction Works of Palanpur SSA

Ref: NIT No: - TENDER NO:- ET- 29/Tender/ U.G.Cable laying & Allied work for Development / Construction & Maintenance work dated 08.11.2016 Dear Sir,

Having examined the tender documents, terms and conditions stipulated therein,

specifications of work etc., we the under signed offer to execute the Cable Construction Works

in conformity with the said specifications and conditions of contract at the percentage (Below/at

par/above) on standard schedule rates quoted as under:

BELOW In figures ………………………………….. %

In words ………………………………………………… percent

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OR

AT PAR In words ………………………………………………..

OR

Above In figures ………………………………….. %

In words ………………………………………………… percent

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 180 days from the date of opening of

financial bid and it shall remain binding upon us and may be accepted at any time before the

expiry of that period.

Dated ……… / ……../…………………………….

Name of Tenderer ……………………………………