BHARAT SANCHAR NIGAM LIMITED (A Govt. Of Enterprise) Office of the General Manager Telecom, BSNL -689101 Tender Document E-Tender forSupply of Man Power Assistance in External plant maintenance work under SSA

Tender No: EOI/MANPOWER SUPPLY(CABLE MAINTENANCE)/2019-20 Dated 16 /10/2019

(TECHNICAL BID)

Name of ZONE quoted………………………. (For zone-1 to Zone-Vlll separate bod form with all required documents to be submitted) Bidder’s Name & Address:………………………

1 Designation and address of the authority inviting Tender. AGM(Planning-II, O/o GMTD, BSNL Thiruvalla 689101) Supply of man power for assisting Telecom 2 Name of Work Mechanics in External Plant Maintenance in 8 zones of Pathanamthitta BA

one year from the date of work awarding 3 Period of contract after signing the agreement, further extendable up to one year.

4 Availability of Tender document for down loading 16/10/2019

5 Time and last date of On line submission of Bid 05/11/2019: 12 00 HRS

6 Time and Date of Physical Submission of Technical Bid 05/11/2019: 12 00 HRS

7 Time and date of Online Technical Bid opening 05/11//2019: 15 00 HRS

8 BSNL Contact number for any clarification AGM PLG-II 0469-2606650 AGM PLG-I 0469-2600150

9 Tender Help Desk e-mail [email protected] [email protected]

Tender Documents can be downloaded from the website etender.bsnl.co.in.& www..bsnl.co.in. DD towards cost of tender document & EMD can be remitted in the form of DD drawn in favor of Accounts Officer (Cash), O/o GMT, BSNL, Pathanamthitta from any Nationalised/ Scheduled Bank payable at Thiruvalla, The proof of remittance of Tender cost and EMD should be uploaded along with the tender . Bid can be submitted online only after uploading the mandatory scanned documents such as DD for EMD / Cost of Bid Document. 1

TABLE OF CONTENTS

SECTION/ ANNEXURES CONTENTS Pposts

I NOTICE INVITING TENDER 3 II SPECIAL INSTRUCTIONS TO BIDDERS FOR E-TENDERING. 5 III TENDER INFORMATION 8 IV GENERAL CONDITIONS OF CONTRACT 9 V TENDERER’S PROFILE 27 VI BID FORM 28 NO RELATION CERTIFICATE (i) VII 29 CERTIFICATE FOR TENDER DOCUMENT DOWNLOADED(ii) VIII DECLARATION FOR EPF& MISC PROV 30 1X LETTER OF AUTHORISATION FOR ATTENDING BID OPENING 31 X FINANCIAL BID 32 XI FORMAT OF AGREEMENT 34 XII BANK GUARANTEE BOND FORM 35 ANNEXURE I ASSESSMENT OF MAN POWER 47 SERVICES TO BE PROVIDED BY CONTRACTOR/HIS ANNEXURE II 48 REPRESENTATIVES MANDATE FORM FOR TRANSFER OF PAYMENTS THROUGH ECT/EFT ANNEXURE 111 49 SCHEME ANNEXURE 1 V REQUEST FOR REFUND OF EMD 49 ANNEXURE V PROFORMA OF POWER OF ATTORNEY 50 ANNEXURE VI PROFORMA FOR EXPERIENCE CERTIFICATE 51 ANNEXURE VII PROFORMA FOR WORKDIARY 52 Bidder’s guidelines for participating in E-Tenders through BSNL ERP Portal 53

Signature of Tenderer

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BHARATHSANCHAR NIGAM LIMITED (A Govt. Of India Enterprise) Office of the General Manager Telecom, BSNL Thiruvalla- 689101 Tender No.EOI/MANPOWER SUPPLY(CABLE MAINTENANCE)/2019-20 16/10/2019 SECTION I NOTICE INVITING TENDER E-Tenders in the prescribed form are invited for and on behalf of the Chairman and Managing Director, Bharat Sanchar Nigam Limited, by the General Manager Telecom, BSNL, Pathanamthitta, from eligible Well Reputed and Experienced Registered/Licensed Agencies or Firms or Contractors or Labour Co-operative societies for supply of Manpower for assistance in External Plant maintenance, on work requirement basis in Pathanamthitta SSA. Those who are having EPF, ESI, GST Registration, Labour Licence , PAN are eligible for participating in this tender and the bidder must possess a minimum experience of supplying manpower for works of similar nature for a period of not less than one year for any Government/Public Sector Organization or any other Telecom service provider anytime during the past five years immediately preceding the date of submission of bid, only are eligible for participating this tender .The work has to be carried out in exchange areas under the jurisdiction of General Manager Telecom, BSNL, Pathanamthitta. Assessment of manpower required is specified in Annexure I of the tender document . 1.Schedule to the invitation of tender

No of Estimated EMD Bid Zone Area of Contract workers cost document cost MSME bidders with valid certificate from 1 21 3185280 63701 590 MSME for the type of service to be rendered 2 KONNI 9 1365120 27302 590 are exempted from submission of cost of 3 KOZHANCHERI 19 2881920 57638 590 Tender form and EMD. The unit claiming the 13 590 4 MALLAPPALLY 1971840 39437 concession above is required to submit 5 12 1820160 36403 590 proof in respect of valid 6 PATHANAMTHITTA 18 2730240 54605 590 certification for the tendered item from MSME and it should 18 590 7 2730240 54605 be valid on the date of opening of tender. 8 THIRUVALLA 30 4550400 91008 590

The quantum of manpower requirement is only approximate and the General Manager Telecom, BSNL, Pathanamthitta reserves the right to decrease or increase the same to the extent of ± 25% of the total requirement, according to the quantum of work required to be executed. For conducting in Electronic Tendering BSNL Kerala Circle is using the portal http//etender.bsnl.co.in The bidders may follow the instructions given in this portal for participating in the tender. Bidders should also submit hard copy of the tender document along with the enclosures to the undersigned. 2.Accessibility of Tender document: As the tender is invited through E-Tendering process, physical copy of the tender document would not be available for sale. Free viewing copy of Tender document / e – bidding can be obtained /done from the website https:// etender.bsnl.co.in & www.kerala.bsnl.co.in.

3 3.Registration on E- Tender portal: Intending bidders are requested to register themselves on e-tender portal (if not registered earlier) through etender.bsnl.co.in for obtaining user-id, 4.On line submission of E- Tender. Technical bids for each zone, documents specified under Tender information financial bid, The proof of remittance of tender fee/ EMD for corresponding zone should be uploaded separately. 5.Submission of EMD and cost of bid document: Cost of bid document and EMD for each zone as noted at NIT/ should be paid in the form of DD, drawn from any Nationalized /Scheduled Bank in favour of “AO (Cash), O/o GMT, BSNL,Tiruvalla- 689101 payable at Tiruvalla”. DDs drawn towards tender fee / EMD should be submitted along with the Technical bid failing which the tender bid will be rejected on opening of sealed Technical bids offline.

6.Place of opening of Tender bids: BSNL has adopted e-tendering process which offers a unique facility for ‘Public Online Tender Opening Event (POTOE)’. Since tender is invited through e-tendering process, the tenders shall be opened through ‘Public Online Tender Opening Event (POTOE)’. BSNL’s 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. However, if required, authorized representative of bidders (i.e. service provider) can attend the TOE at the Chamber of AGM(NWP), O/o the General Manager Telecom, BSNL Bhavan, Tiruvalla, , Kerala – 689101. 7.Tender Opening officers would be conducting the Public Online Tender Opening Event 8.Tender bids received after due time & date will not be accepted. In case the date of submission (opening) of bid is declared to be a holiday, the date of submission (opening) of bid will get shifted automatically to next working day at the same scheduled time. Any change in bid opening date due to any other unavoidable reason will be intimated separately. 09. Incomplete, ambiguous, Conditional, unsealed tender bids are liable to be rejected..BSNL reserves the right to accept or reject any or all tender bids without assigning any reason. BSNL is not bound to accept the lowest tender. 10.Tender document for e-bidding process can be down loaded from the E- tender portal. The bidder shall furnish a declaration that no addition / deletion /Corrections have been made in the downloaded tender document being submitted and it is identical to the tender document appearing on e-tender portal etender.bsnl.co.in. 11. In case of any correction/ addition/ alteration/ omission in the tender document, the tender bid shall be treated as non-responsive and shall be rejected summarily. 12. All documents submitted in the bid offer should be preferably in English. In case the certificate viz experience, registration etc. is issued in any other language other than English, the bidder shall attach an English translation of the same duly attested by the bidder & the translator to be true copy in addition to the relevant certificate. 13. All computer generated documents should be duly attested/ signed by the bidder. 14. Hard copies of all required documents along with Tender document (duly attested by authorized signatory) is also required to be submitted to AGM (PLG),BSNL,Thiruvalla.before the scheduled date and time of submission of Tender . 15. Before submitting the bid on the due date kindly see all corrigendum/ clarification issued on the website. 16. The duty time will be decided by the officer in charge of the respective stations. 17. Justification of the contract: Areas falling within the territorial jurisdiction of the Divisions under Pathanamthitta BA as given in Annexure I.

Signature of the bidder 4

4 E-tendering Instructions to Bidders Note :- Please refer to Bidders Manual, Guidelines to bidders & FAQ available at https://etender.bsnl.co.in/irj/portal. The instructions given below are BSNL’s e-tender portal centric and for e-tenders invited by, BSNL, Kerala Telecom Circle only. General These Special Instructions (for e-Tendering) supplement ‘Instruction to Bidders’, as mentioned in the tender documents. BSNL has decided to use process of e-tendering for inviting this tender and thus the physical copy of the tender would not be sold. Submission of Bids through online process is mandatory for this Tender. For conducting electronic tendering, BSNL, Kerala Telecom Circle, Trivandrum is using the portal (https://etender.bsnl.co.in/irj/portal) of BSNL, a Government of India Undertaking.

1. Tender Bidding Methodology: Sealed Bid System – ‘Single Stages’ – Using Single Envelope’, Financial & Techno-commercial bids shall be submitted by the bidder at the same time.

2. Broad outline of activities from Bidders prospective:

1. Procure a Digital Signing Certificate (DSC) (Class-3)

2. Register on Electronic Tendering System® (BSNL ERP TENDER PORTAL)

3. Create Users and assign roles on BSNL ERP TENDER PORTAL 4. View Notice Inviting Tender (NIT) on BSNL ERP TENDER PORTAL

5. Download Official Copy of Tender Documents from BSNL ERP TENDER PORTAL

6. Clarification to Tender Documents on BSNL ERP TENDER PORTAL • Query to BSNL (Optional) • View response to queries posted by BSNL, as addenda.

7. Bid-Submission on BSNL ERP TENDER PORTAL

8. Attend Public Online Tender Opening Event (TOE) on BSNL ERP TENDER PORTAL Opening of Financial /TechnocommercialPart. 9. View Post-TOE Clarification posted by BSNL on BSNL ERP TENDER PORTAL (Optional) Respond to BSNL’s PostTOE queries.

10. Participate in e-Reverse Auction on BSNL ERP TENDER PORTAL For participating in this tender online, the following instructions need to be read carefully. These instructions are supplemented with more detailed guidelines on the relevant screens of the BSNL ERP TENDER PORTAL.

Note 1: It is advised that all the documents to be submitted are kept scanned or converted to PDF format in a separate folder on your computer before starting online submission. Note 2: While uploading the documents, it should be ensured that the file name should be the name of the document itself

Note3. 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 3 or above, issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer http://www.cca.gov.in]. 4. Registration Tender document can be downloaded from the website: https://etender.bsnl.co.in/irj/portal and to be submitted in the e-format as well as hard copy by post/courier/byhand. Cost of Tender Document (in the form of DD) and Bid Security (in the form of Bank Guarantee/DD in original), along with the hard copies of all documents which are uploaded in the e – tender portal to be submitted to DGM(S&M CFA)) ,O/o CGMT, Kerala Circle,TVM-33 before the scheduled date and time of submission of the tender otherwise the Bid will not be considered. Read Understood and complied by Signature of the. It is the responsibility of the bidders who have downloaded the tender document from the website to keep themselves abreast of such amendments before submitting the tender document. Intending bidders are requested to register themselves with BSNL Tender Portal through https://etender.bsnl.co.in/irj/portal for obtaining user-id, Digital Signature etc., by paying Vendor registration fee if applicable.

5 Signature of the bidder

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Tender processing fee payment should bedone during requisition of tender on line if applicable. BSNL has decided to use process of e-tendering for inviting this tender and thus the physical copy of the tender would not be sold. Note: After successful submission of Registration details and Vendor registration fee and processing fee ( as applicable). Please contact BSNL ERP TENDER HELP DESK(as given below), to get your registration accepted/activated.

The entire bid-submission can be online on ETS. The Bidder has to upload the Scanned copy of required document including DD for EMD and cost of bid document during online bid submission for each zone separately.

6.: Offline Submissions:The bidder is requested to submit all the documents offline. as specified in Tender to AGM (PLG), O/o the GMT, BSNL Bhavan, Tiruvalla, Pathanamthitta BA, Kerala-689101 on or before the date & time of submission of bids specified in NIT, in a sealed Envelope. The envelope shall bear the Tender r number and Zone name and the words “DO NOT OPEN before (due date & Time). The covers should be sealed with sealing wax/ Tape. Outercover: Marking to be made: “Main Bid “ Supply of man power for assisting Telecom Mechanics in External Plant Maintenance in Pathanamthitta SSA Zone No...... (Division...... ) ”. DO NOT OPEN BEFORE” (due date & time). Contents:2InnerEnvelopes. First inner cover Marking to be made: “Bid security”:Contents: Bid Security & Bid Document cost

Second inner cover :Marking to be made: “Technical Bid “ Supply of man power for assisting Telecom Mechanics in External Plant Maintenance in Pathanamthitta SSA Zone No...... (Division...... )

Contents: 1.The Bid Document duly signed in each pageth with with company Seal. 2.Full set of supporting documents 3.Power of attorney if applicable. 7.Special Note on Security of Bids Security related functionality has been rigorously implemented in BSNL ERP TENDER PORTAL in a multi-dimensional 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 EncrypterTM functionality, the contents of both the ‘Electronic Forms’ and the ‘Main-Bid’ are securely encrypted using a Pass-phrase created by the server itself. The Pass-phrase is more difficult to break. 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 BSNL ERP TENDER PORTAL 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. 8. Public Online Tender Opening Event (TOE) BSNL ERP TENDER PORTAL offers a unique facility for ‘Public Online Tender Opening Event (TOE)’. Tender Opening Officers as well as authorized representatives of 6 bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices. For this purpose, representatives of bidders, duly authorized are requested to carry a Laptop and Wireless Connectivity to Internet.Every legal requirement for a transparent and secure ‘Public Online Tender Opening Event (TOE)’ has been implemented on BSNL ERP TENDER PORTAL. 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 work 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)’. BSNL ERP TENDER PORTAL 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 in electronic forms. A detailed Technical and/ or Financial Comparison Chart enhances Transparency. Detailed instructions are given on relevant screens. BSNL ERP TENDER PORTAL has a unique facility of a detailed report titled ‘Minutes of Online Tender Opening Event (TOE)’ Read Understood and complied by Signature of the Bidder Page 32 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 BSNL ERP TENDER PORTAL. 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). Other Instructions For further instructions, the vendor should visit the home -page of the portal (https://etender.bsnl.co.in/irj/portal). 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 during the use of BSNL ERP TENDER PORTAL. . 9. The following ‘FOUR KEY INSTRUCTIONS for BIDDERS’ must be assiduously adhered to: 1. Obtain individual Digital Signing Certificate (DSC or DC) well in advance of your first tender submission deadline.on.bsnlERP.TENDER.PORTAL 2. Register your organization on BSNL ERP TENDER PORTAL well in advance of your first tender submission deadline on BSNLERPTENDERPORTAL. . 3. Get your organization’s concerned executives trained on BSNL ERP TENDER PORTAL well in advance of your first tender submission deadline on BSNL ERP TENDER PORTAL .. 4. Submit your bids well in advance of tender submission deadline on BSNL ERP TENDER PORTAL (There could be last minute problems due to internet timeout, breakdown, etc While the first three instructions mentioned above are especially relevant to first-time users of BSNL ERP TENDER PORTAL, the fourth instruction is relevant at all times. 5. The Tender Inviting Authority (TIA) will not be held responsible for any sort of delay or the difficulties faced during the Read Understood and complied by Signature of the Bidder Page 33 submission of bids online by the bidders due to local issues. 6. The time that is displayed from the server clock at the top of the tender Portal, will be valid for all actions of requesting bid submission, bid opening etc., in the e-Procurement portal. The Time followed in this portal is as per Indian Standard Time (IST) which is GMT+5:30. The bidders should adhere to this time during bid submission. 10. Minimum Requirements at Bidders end Computer System with good configuration (Min P IV, 1 GB RAM, Windows XP) ,Broadband connectivity. Microsoft Internet Explorer 6.0 or above ,Digital Certificate(s) 11. Vendors Training Program Vendors may contact the BSNL ERP TENDER HELP DESK personnel,for any type.of.clarifications. Other Instructions For further instructions, the vendor should visit the home-page of the portal https://etender.bsnl.co.in 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 during the use of ETS.

Signature of the bidder 7 7 SECTION III Tender Information

1.Type of tender : Single Stage bidding using Two Electronic Envelopes system . Note: The bids will be evaluated techno-commercially and financial bids of techno- commercially compliant bidders only shall be opened. Physical copy of technical bid should be submitted offline and the envelop containing technical bid should be superscibed as ““Supply of man power for assisting Telecom Mechanics in External Plant Maintenance in Pathanamthitta BA. This envelop is to be properly sealed with PVC tapes/ sealing wax. Financial bid (Rate schedule Proforma) should not be submitted offline. No indication of Service charges shall be made in the Technical Bid. The format for Financial Bid should not be changed in any manner. Addition/ deletion/ alteration of the text will automatically render the tender invalid and therefore, will be summarily rejected.(In case of any technical difficulty in filling or uploading the financial bid the same may be submitted offline in a zealed envelope.with.prior.intimation.to.the.purchaser. 2.Bid Validity Period: 180 days from the Tender opening Date.

3.BID-Document: 3.1. The following documents to be scanned and uploaded in the E-Tender portal along with the signed Tender document.( Technical Bid of each Zone separately) . (a)Tender documents (Zone wise), duly filled in and signed by the tenderer on each page. (b)BidSecurity[EMD]. c) Cost of Tender documents in form of Demand Draft (if applicable) (d) Check list. (e)Tenderer’sprofile.. (f)Bidform… (g) Attested copy of the valid labour licence issued by the licensing officer under the Contract Labour (R&A) Act 1970. (h)Experience certificate to establish eligibility criterion issued by competent authority. (i)Attestedcopy.of.ESI&EPFregistration. (J)Attested copy of GST registration.(l) No Near relative certificate. (m)Attested.copy of PAN Card. (n)Letter of authorization, if any. (o) Attested copy of Memorandum of association and articles of Association in case of company. . . (p)Attested copy of Registration of the firm or authenticated copy of Partnership Deed in case of partnership firms. (q) Attested copy of “Power of Attorney” in case person other than the tenderer has signed the tender documents.

(r) The authorisation of the competent authority for signing the tender document (s) Mandate form for ECS/EFT (t) Certificate regarding tender form downloaded from internet. (u) In case of MSE bidders , valid certification from MSME ( valid on the date of opening of tender.)

3.2. Documents to be submitted offline for each Area of operation separately to AGM (P-ll) O/o GMT,BSNL THIRUVALLA(a) Tender documents (Zone wise), duly filled in and signed by the tenderer on each page. (b) Bid Security [EMD]. (c) Cost of Tender documents in form of Demand Draft (if applicable) (d) Check list. (e) Tenderer’s profile. (f)Bid form (g) Attested copy of the valid labour licence issued by the licensing officer under the Contract Labour (R&A) Act 1970. (h) Experience certificate to establish eligibility criterion issued by competent authority. (i) Attested copy of ESI registration. (j) Attested copy of EPF registration. (k) Attested copy of GST registration. (l) No Near relative certificate. m) Attested copy of PAN Card. (n)Letter of authorization, if any. (o) Attested copy of Memorandum of association and articles of Association in case of company

(p) Attested copy of Registration of the firm or authenticated copy of Partnership Deed in case of partnership firms. (q) Attested copy of “Power of Attorney” in case person other than the tenderer has signed the tender documents. The authorisation of the competent authority for signing the tender document (s) Mandate form for ECS/EFT . (t) Certificate regarding tender form downloaded from internet. (u) In case of MSE bidders , valid certification from MSME ( valid on the date of opening of tender.) (v) Mandate for transfer of payment duly filled and signed. (x)Reuest for refund of EMD duly filled and signed. ( ALL Above documents self attested copy may be attached along with the bid.)

PRICE SCHEDULE SHOULD NOT BE SUBMITTED OFFLINE Original documents should be submitted for verification in case of any technical problem in filling or uploading or as and when demanded by BSNL. IN CASE OF ANY TECHNICAL DIFFICULTY IN UPLOADING ANY OF THE DOCUMENT THE SAME MAY BE INTIMATED WELL IN ADVANCE BEFORE THE TECHNICAL BID OPENING AND PHYSICAL COPYOF THE SAME MAY BE SUBMITTED WITHOUT FAIL. Signature of the bidder 8 SECTION IV: GENERAL CONDITIONS OF CONTRACT 1. PREAMBLE 1.1.For and on behalf of CMD, BSNL, New Delhi, the General Manager Telecom, BSNL, Pathanamthitta, invites E-Tenders from eligible and experienced firms/individuals for the supply of Man power for assistance in External Plant maintenance, on work requirement basis in Pathanamthitta SSA. The work has to be carried out in exchange areas under the jurisdiction of General Manager Telecom, BSNL, Pathanamthitta SSA. 1.2.ELIGIBILITY CONDITIONS The bidder must possess a minimum experience of supplying manpower or experience in cable construction/maintenance work for a period of not less than one year for any Government/Public Sector Organization or any other Telecom service provider anytime during the past five years immediately preceding date of submission of bid. 2. SCOPE OF WORK 2.1Pathanamthitta SSA is divided into the following Zones for the purpose of external plant maintenance works as shown below. Zone Divisions Area falling under the control of DEs (Thiruvalla division) PERUNTHURUTHI,PODIYADI,,, Zone 1 THIRUVALLA, ,, , CHATHANKERI,.

( division) , , KURIANNOOR, Zone 2 KOZHENCHERRY, , , THEODICAL, VENNIKULAM,

(Pathanamthitta Division) ELANTHUR, , , KAIPPATTOOR, Zone 3 MALLASSERI, MALAYAAPPUZHA PATHANAMTHITTA, VKOTTAYAM

(Ranni division) ,AYROOR,,CHITTAR, EDMANRANNI,ETTICHUVADU,JANDAIKKAL, KEEKOZHOOR, Zone 4 LAHA, MOOZHIYAR, PAMPA,RANNI,RANNI PERINAD,SABARIMALA,SEETHATHODE, , VADASSERIKKARA, VECHUCHIRA, . (Adoor division) ADOOR,ELAMANNOOR, ,KADAMBANAD, Zone 5 ,, KILIVAYAL,,PUTHUVAL (Mallappally Division) CHENGAROOR,CHUNGAPPARA, Zone 6 , ,KUNNATHANAM, MALLAPPALLY, PUNNAVELI,

(Pandalam Division) KULANAD,PANDALAM,,PERINGANAD,PALLICKA Zone 7 L, Zone 8 (Konni Division) , KONNI, MURINJAKAL, THEKKUTHODE, 2.2 The period of contract shall normally be one year from the date of awarding of tender but can be extended for a further period of one year or till such time a fresh tender is finalized whichever is earlier at the same rate with the same terms and conditions. 2.3. The bidders submitting bid for the work should have sufficient Man power of age below55 on hand and should be able to deploy them to assist the Telecom Mechanics (now Telecom Technician) immediately on request on daily basis to all unit officers i.e. JTO/SDE/DE concerned. Assessment of required man power is furnished in Annexure- I of the tender document. 2.4.Tools required for trenching/excavation and reinstatement is to be supplied by the bidder and tools/materials required for jointing/testing will be supplied by BSNL. 2.5 The total man hours engaged in a month should not exceed that allotted for each division. (Man hours in a month = No. of units allotted x No of working days in that month x 8 hrs). A deviation in this regard will be permissible only with prior approval of GMT Pathanamthitta. Number of mandays per month restricted to 20 days/worker throughout the month as per field requirement 2.6 The manpower supplied must be below the age of 55 years.

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3.1 Separate tender forms are to be obtained for each Zone and submitted zone wise. The cost of tender form is furnished in Annexure II of the tender document and is non–refundable. One bidder can bid for any / all the zones. But, separate tender/EMD to be furnished. 3.2 Any clarifications / explanations required with regard to any provision of this tender or in relation to the nature of work on which the manpower supplied would be engaged can be obtained from the AGM(Admn) at the O/o GMT, BSNL, Thiruvalla up to three clear days prior to the last date prescribed for the submission of the bid 3.3 The cost of E-Tender form can be paid by means of crossed DD/Bankers cheque [non refundable] issued by any Scheduled /Nationalised bank in favour of Accounts Officer (Cash), BSNL, O/o the GMT Thiruvalla payableatThiruvalla. 3.4 E-Tender forms can be downloaded from the website www.keralatelecom.com or etender.bsnl.co.inand DD towards the cost of tender form drawn in favour of Accounts Officer (Cash) O/o GMT , BSNL, Thiruvalla payable at Thiruvalla should be kept in the cover containingtechnical-bid. 3.5 The bidder shall bear all costs associated with preparation and submission of the bid. BSNL in no case shall be responsible for these costs regardless of the conduct or outcome of the bidding process. 3.6 SUBMISSION OF BIDS: The tender should be submitted as per clause of special instructions to bidders for E tendering 3.7 Bids prepared as above should be addressed to “The Assistant General Manager (PLG-II), O/o the General Manager Telecom , BSNL Bhavan, Thiruvalla, 3.8. The bids should either be dropped in to the tender box provided for the purpose at the O/o GMT, BSNL Bhavan, Thiruvalla 680101 or sent by Registered Post addressed to “The Assistant General Manager (NWP), Office of the General Manager Telecom, BSNL Bhavan, Thiruvalla 689101. 3.9. The Tenderer shall submit tender form duly filled in and signed on all pages along with EMD and cost of Tender form in the form of Demand Draft as prescribed shall also be submitted as part of the Technical Bid. 3.10 .Bids shall be received only up to the closing date & time prescribed in the NIT. In case the closing date prescribed happens to be an official holiday for the BSNL office, the closing date shall stand extended to the next working day without any change in the closing time. Any bid received after the said closing date and time shall be rejected irrespective of the reasons for delay. 3.11. No separate acknowledgements will be given for tenders either sent through post or deposited in thetenderbox.. 3.12. The rate quoted will remain valid for a period of 180 days from the date of opening of the tender. If the contract is not finalized during this period, the validity of the bid can be extended for a further period of 180 days on the basis of mutual consent of the parties . 3.13. The tender documents are not transferable. Cost of the tender once paid will not be refunded under any circumstances. 3.14. Over writing/ erasures/ corrections in the bid shall be attested with date by the person signing the bid. 3.15. Any addition/deletion/modification in the tender documents will not be accepted and the such tenders will be rejected. Conditional.tenders will be rejected. 3.16.Any attempt to negotiate directly or indirectly or any attempt to secure any interest of the tender or to influence authorities concerned for acceptance of the tender by any means or form will render the tender liable for exclusion from consideration. 3.17.Bids received after the time of closing of the bids specified in the NIT will be rejected and returned unopened to the bidder.3.18.Bidder should sign in all pages of the tender document in token of acceptance of tender conditions while submitting the tender.

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10 List of Documents to be submitted along with the Technical bid (a)Tender documents (Zone wise), duly filled in and signed by the tenderer on each page. (b) Bid Security [EMD]. (c) Cost of Tender documents in form of Demand Draft (if applicable) (d) Tenderer’s profile. (e)Bid form (f) Attested copy of the valid labour licence issued by the licensing officer under the Contract Labour (R&A) Act 1970. (g) Experience certificate to establish eligibility criterion issued by competent authority. (i) Attested copy of ESI registration. (j) Attested copy of EPF registration. (k) Attested copy of GST registration. (l) No Near relative certificate. (m) Attested copy of PAN Card. (n)Letter of authorization, if any. (o) Attested copy of Memorandum of association and articles of Association in case of company (p)Atested copy of Registration of the firm or authenticated copy of Partnership Deed in case of partnership firms. (q) Attested copy of “Power of Attorney” in case person other than the tenderer has signed the tender documents.

(r) The authorisation of the competent authority for signing the tender document (s) Mandate form for ECS/EFT (t) Certificate regarding tender form downloaded from internet . (u) In case of MSE bidders , valid certification from MSME ( valid on the date of opening of tender.) Note: Self Attested copy of all relevant documents may be attached along with the bid. Tenders received after the last date and time will not be accepted.

4. BID PRICE: [i] The bidder shall quote the rate as per the rate schedule. [ii] The rate shall be quoted in words and figures. If there is difference between words and figures the amount in words shall prevail. The over writings/corrections./ erasures in the bid made by the bidder shall be signed by the persons signing the bid. [iii] The contractor shall quote only the service charge for 8 hour duty . The service charge quoted shall take care of all costs to be borne by the contractor including any levies taxes (except GST) additional cost on employees beyond the wages payable as applicable from time to time. GST will be paid to the agencies/discharged directly by BSNL as per the GST rules.The GST registration number shall be furnished in invoices (iv)The service charge quoted by the bidder shall remain fixed during the entire period of contract including the extended period if any and shall not be subject to variation on any account . (v)The bidder shall ensure payment of minimum wages applicable with VDA approved by Regional Labour Commissioner (state) to every workman supplied under this tender.(vi) The wages to be paid to workers engaged by the contractor cannot fall below the rates presented in the Schedule of Standard Wages forming part of the financial bid. In addition, the contractor has to pay mandatory dues like EPF, ESI, GST, etc as applicable. Any increase / decrease in the estimated wages arising out of the revision of basic minimum wages, rate of DA and mandatory dues to be borne by the contractor will alone be reimbursed by BSNL. (vii)Bid submitted with an adjustable rate quotation will be treated as non responsive and rejected .(viii) The contractor is also responsible for remitting the employer's contribution towards EPF and ESI premia at the prescribed percentage of the wages in respect of all the workers employed by him under this contract before due date of every month. (ix)The rate schedule has been prepared based on the instructions contained in BSNL, Corporate office letter no.14-7/2015- WS& I dated 14.1.2016, Labour & skill (E) Department, Government of kerala Notification No. 8397/E1/2013/Labour dated 15/9/2015. The contractor is required to quote the actual amount to be received above the Minimum wages +VDA for an eight hour engagement of one workman to meet all the explicit and implicit costs involved in the tender as ‘Service Charge’.

(x) The Service Charge quoted shall, among other items, take care of wages, if any to be paid to the work men in excess of the statutory minimum wages and the other direct and indirect costs other than the elements 11

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of minimum wages as presented in the Financial Bid and the GST. The variation in the monthly bill due to respective changes in the given elements of statutory Minimum wages and VDA as existing now or revised in future will be accommodated by BSNL on production proof of actual payments. It shall also bear the applicable GST and the extra liability due to increase in VDA. Service charge quoted cannot be increased due to increase in minimum wage and shall remain fixed during the period of contract including the extended period if any and shall not be subjected to variations on any account. (xi) No other claims other than as due to variation in minimum wages and VDA will be entertained. (xii) Service charge quoted shall be based on each manpower supplied for normal duration of eight hours on each day. The service charge will be paid proportionate to the actual hours of engagement of manpower. Quote given is applicable for all stations in that zone. (xiii) The tender shall be rejected at the opening stage if a) The rates are not quoted in words b) Any correction is not initialled. c) Any over writing is done and is not initialled.

d) The tender form is not filled up completely and duly signed in all pages and other conditions are not fulfilled. e) The covers or any cover not submitted as in clause 3.6.1 and not wax/tape sealed. 5. EARNEST MONEY DEPOSIT (EMD) . 5.1 MSE bidders with valid certificate from MSME for the type of service to be rendered are exempted from submission of cost of Tender form and EMD. The unit claiming the concession above is required to submit proof in respect of valid certification for the tendered item from MSME and it should be valid on the date of opening of tender. 5.2 EMD can be paid in the form of an “Account Payee” Demand Draft / Bankers cheque issued by any Nationalised/Scheduled Bank and drawn in favour of the Accounts officer (Cash), BSNL Bhavan Thiruvalla payable at Thiruvalla . 5.3 Each tender should contain the EMD prescribed for the corresponding zone.. 5.4 The Demand Draft covering the EMD amount shall be enclosed along with the technical bid of the tender offer. 5.5 The EMD will not carry any interest during the period of retention by BSNL, Pathanamthitta. 5.6 EMD will be forfeited [i] if the bidder withdraws his offer during the validity period specified by the bidder in the bid form [ii] If the bidder makes any modifications in the terms and conditions other than that mentioned in the tender documents or added any condition in the tender documents by the bidder, the tender will be rejected 5.7 The EMD will be refunded to unsuccessful tenderer after finalization of the tender. The bidder will have to submit an advance stamp receipt in the prescribed format attached. 5.8 In the case of successful Tenderers the EMD will be refunded only after payment of the prescribed security deposit and executing agreement. EMD of the successful bidder will be adjusted against the payment of security deposit while entering into agreement 5.9 If a successful bidder does not pay the security Deposit and execute the Agreement in time then the EMD paid by him will be forfeited to BSNL and Tender offer will stand cancelled . 6. Opening of BID . 6.1 Tender will be opened in the presence of Bidders present on the due date of opening. Technical Bids of the tenders uploaded will be opened (Zone wise) on the date of opening . 12 Signature of the bidder 12 6.2 Financial Bids will be opened as notified only for whose Technical Bid is accepted after evaluation of details and documents furnished . No correspondence in this regard will be entertained. Incomplete tender or tender in which both Technical Bid and Financial Bid are found in the same envelope is liable to be rejected. All Columns should be furnished with relevant details and no column should be left blank. 6.3 REJECTION OF BIDS. Incomplete tender or tender in which both Technical Bid and Financial Bid are found in the same envelope, One tender document for more than one zone, EMD / Cost of Tender documents in form of Demand Draft (if applicable) are not attached the bid is liable to be rejected . The bids which do not contain the documents mentioned under Tender information , not satisfying the eligibility conditions mentioned under clause 1 under Terms and condition are liable to be rejected during the Technical evaluation. The bids shall be rejected at the stage of Financial evaluation under the following circumstances:In the Rate schedule 6.4 (a) The rates are not quoted both in words and figures. (b) Corrections, if any, made in the rate schedule are not duly attested. (c) Any erasure or overwriting is seen in the rate schedule. (d) The tender form is not filled up completely and duly signed on all pages. (e) Any modification is done in the tender document. (f) Any failure to fullfill all conditions applicable under this tender. (g) The envelopes containing the bid documents are not superscribed and sealed as prescribed. (h) Tenders without proper EMD. BSNL reserves the right to disqualify such bidders who have a record of not meeting any contractual obligations against earlier contracts entered into BSNL. 6.5 PERIOD OF VALIDITY: The period of contract shall normally be one year from the date of awarding of tender but can be extended for a further period of one year or till such time a fresh tender is finalized whichever is earlier at the same rate with the same terms and conditions. 6.5.1 In exceptional circumstances, the customer may request the bidder’s consent for an extension to the period of bid validity. The request and response thereto shall be made in writing. The period of discharge of SD provided under clause 7.1 shall also be accordingly extended. A bidder accepting the request of period extension of the validity of bid will not be permitted to modify any of the terms and conditions of the bid. 7.1 SECURITY DEPOSIT: The successful tenderer will be required to remit Security Deposit for an amount equal to 5% of the total accepted cost +GST within 15 days from the date of issue of the letter of intent or within the time limit prescribed by GMT, BSNL, Pathanamthitta. The EMD of the successful tenderer will be converted to Security Deposit and the balance amount only need be remitted 7.2 Security Deposit also will not bear any interest when it is in the custody of the GMT BSNL, Pathanamthitta. Security Deposit will have to be deposited in any of the following forms. (a) By cash to be paid in the counter of the O/o GMT, BSNL Bhavan, Thiruvalla. (b)By DD/Bankers cheque issued by any Nationalised/Scheduled Bank drawn in favour of Accounts Officer (Cash), BSNL Bhavan ,Thiruvalla payable at Thiruvalla. (c) By Bank guarantee obtained from any Nationalised/Scheduled Bank with a validity period of 24 months from the date of acceptance of the tender with a provision for extension of the period of validity if so required by BSNL and valid up to the extension period of the contract if any. (d)Security deposit will be deducted from monthly bills in 5 (five) instalments beginning from 1st Bill on the request of the bidder in writting. 7.3 Security deposit will be released after fulfilling the contractual obligations during the contract period and after getting necessary “Non liability certificate” from the Divisional Engineer concerned. Signature of the bidder 13 7.4 Security Deposit of the successful bidder will be forfeited to BSNL in the following cases. a) If after the acceptance of the tender, the tenderer withdraws the tender during the currency of the contract b) If after acceptance of the tender, the bidder fails to carry out the job in accordance with the terms and conditions of the tender as mentioned in the schedule of works. c) If any damage is caused to any of the property of the BSNL or State/Central Govt. property or public property or other private operators property or delay in carrying out the works. d) Any failure or delay to act in accordance with the terms and conditions of the tender. e) If any of the conditions indicated in the Tender is not carried out which results in loss/damage to BSNL. f) If any of the statutory payments (EPF/ESI/GST) are found not remitted/paid. g) Any failure on the part of the contractor to faithfully observe all statutory requirements and obligations related to employment of workmen under the contract

8. Tender Evaluation: The evaluation shall be done zonewise based on the lowest and reasonable amount of service charge quoted and then work will be awarded to the successful bidder for that zone after observing all other terms and conditions of the tender documents. If more than one bidder quotes the lowest rate , the quantum of work awarded will be based on the opinion of the evaluation committee with the approval of head of BA.. If no bid is received for zone/zones, the successful bidders of other zones will be given an offer to provide the service for the lowest approved rate among the approved rates received for other zones. Then also if no offer is received the unsuccessful bidders of the zone/other zones are also considered for counter offer. GMT, BSNL, Pathanamthitta BA has full power to award the work on counter offer basis. Also It shall be open to the General Manager Telecom BSNL, Thiruvalla to award the work to a bidder, who is not the bidder quoting the lowest rate, if he is satisfied that it would be in the best interest of BSNL to do so . 9. AGREEMENT 9.1 The successful bidder will be required to execute an agreement on Non-judicial stamped paper to the value of Rs.200/- (Rupees Two hundred only ) Failure of execution of agreement within a stipulated period or extended period by GMT, BSNL ,Pathanamthitta will result in cancellation of Tender offer and forfeiture of EMD/SD.

9.2 The tender is valid for a period of ONE YEAR from the date of Awarding the work after signing the agreement. In case of necessity the tender shall be extended up to a period of one more year on mutual agreement by GMT BSNL, Pathanamthitta at the same rate and conditions. The Bank Guarantee also to be extended for the period.

9.3 The Performance will be reviewed every three months and BSNL has got the right to modify/terminate the contract at any time during the tender period if the performance is not satisfactory after giving one months notice. In the event of termination of the contract on account of unsatisfactory performance of the contractor, the Security Deposit made by the contractor shall stand forfeited without prejudice to the rights of BSNL for any action under the provisions of the contract. 10. Adherence to the laws of the Land. 10.1 The contractor shall comply with the statutory provisions/obligations under all laws in force. 14 Signature of the bidder 14 10.2 The Contractor shall keep a comprehensive record of the workers being engaged on the work with their full postal address and specimen signatures. 10.3 Record of attendance of the workmen shall be maintained by the contractor and the officer in charge of the work.

10.4 No unauthorized persons should be allowed to work.

10.5 The Contractor shall fully indemnify BSNL from any claims or injuries to person or for structural damage to property, arising out of any neglect, default, carelessness or misconduct on the part of the Contractor or of any of the workmen made available to BSNL under this tender during the currency of the contract. 10.6 The contractor shall obtain a valid labour license under the updated contract labour (Regulation & Abolition) Act 1970 & 1971, before commencement of the work and continue to have a valid license until the completion of work. 10.7 The contractor shall observe and abide by the Rules and regulation of Labour Act and other Government enactment as in force from time to time and indemnify BSNL Pathanamthitta from any liability arising out of the violation or non-compliance of the provision made in the "Contract Labour (Regulation and Abolition) Act 1970 and Central rules 1971 or any other enactment as in force from time to time. All the successful tenderers are bound by the labour laws as amended from time to time and also bound by the various provisions of the said laws.

10.8 The contractor shall observe the provisions of all the relevant laws of the land pertaining to employment of workers/ laborers and their working conditions, payment of compensation etc. Any cost/damages/penalties arising out of the violation of any of law / rules/regulations/orders in relation to the activities undertaken by the contractor under this tender shall be fully borne by the contractor and it shall be open for BSNL to recover any sums related to this from the amount payable/refundable to the contractor. In every such case in which by virtue of any provisions of any law or otherwise, BSNL becomes obliged to pay compensation, BSNL shall be at liberty to recover such amount or any part thereof by deducting it from the Security Deposit or from any sum due by BSNL to the Contractor(s) under this Contract or otherwise. Such recoveries shall be without prejudice to any other action BSNL can initiate against the contractor under the provisions of this tender

10.9 The contractor shall issue Identity Card to his workers. The contractor shall bear all expenses for preparation of their Identity Card.No person will be allowed to work without Identity Card

10.10 All National holidays 4 (Four) and 9 (Nine) Telegraph holidays authorized by the competent authority (Total 13) shall be paid holidays for the workers.

10.11 The wages meant for weekly off day has been included in the Minimum wages fixed by Govt. However, if they happen to work on holidays they will be eligible for wages as per wage law 10.12 The contractor getting the work order will be entirely responsible for all losses and damages caused during execution of the tender works by his party to men, material and properties belonging not only to BSNL but also to other departments , Organizations and individuals, BSNL shall have no liability whatsoever. 10.13 Any legal or financial implications while executing the work would be vested with the contractor only, BSNL shall have no liability whatsoever. . 15 Signature of the bidder

15 11. Award of Contract:BSNL shall consider placement of letter of acceptance to the L1 tenderer whose offer has been found technically, commercially and financially acceptable. In case if the contractor fails to obtain the labour license in time, the penalty if any levied by labour commissioner or his nominated person or his subordinates, will be recovered from his bills or security Deposit. The bidder shall, within 15 days of letter of intent give his acceptance along with Security Deposit.

12. Rights of GMT, BSNL, Pathanamthitta

12.1The GMT, BSNL, Pathanamthitta reserves the right to change the specification at any time before commencement of the said works or during the execution of work. 12.2.The GMT, BSNL, Pathanamthitta reserves the right to accept or reject any bid and to cancel the bidding process and reject all bids, at any time prior to award of contract without assigning any reason what-so-ever and without thereby incurring any liability to the affected bidder or bidders on the grounds for the BSNL’s action. 12.3 The General Manager Telecom, BSNL, Pathanamthitta reserves the right to reject any tender at any stage without assigning any reason and it is not obligatory to accept the lowest tender. of the bidder 12.4 The General Manager Telecom, BSNL, Pathanamthitta shall be the final authority for deciding successful tenderer and his decision shall be final and binding. 12.5 The GMT, BSNL, Pathanamthitta reserves the right to terminate the contract entered into at any time by giving a written notice of 15 days if the discharge of the contractual liabilities of the contractor is not satisfactory to the above said officer or his representatives without prejudice to any other penal action he may choose to take against the contractor within the terms & conditions of this Tender Document. 12.6 The GMT, BSNL, Pathanamthitta shall not be held responsible for any loss or damage suffered by the contractor as a result of the cancellation of the letter of acceptance and work order. 12.7 In case the performance of the contractor is not satisfactory, the GMT, BSNL, Pathanamthitta also reserves the right for employing other agencies for urgent execution of work in the exigencies of service and the extra cost if any will be recovered from the contractor. 12.8 The quantum of manpower requirement is only approximate and the GMT, BSNL Pathanamthitta reserves the right to decrease or increase the same according to the quantum of assistance work required to be executed. 12.9 The GMT, BSNL, Pathanamthitta reserves the right to decide and recover such amount from the contractor, if the contractor damages any of the BSNL property or any Government property or private person’s property or public property or other private operator’s property during the execution of the work. 12.10 The tenderer will be bound by all terms and conditions and specifications as detailed in the tender documents. 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. 12.11 In the event of any failure to comply with any of the clauses of this tender notice, the tender is liable to be cancelled and EMD will be forfeited along with taking such other action as may be deemed fit by GMT, BSNL, Pathanamthitta including blacklisting of the name of the tenderers. The GMT, BSNL, Pathanamthitta may waive any minor infirmity or non-conformity or irregularity in a bid which does not constitute a material deviation, provided such waiver does not prejudice or affect the relative ranking of the bidder. 13. APPLICATION: Submission of bid against this offer shall bind the bidder for the acceptance of all the conditions specified herein or in NIT unless otherwise agreed by BSNL. 14. Scope of work: Providing manpower services for assisting Telecom Technicians in external Plant maintenance :- 14.1.1. Taking test pits & identifying faults. 16 14.1.2. Carrying the equipments required for identification and rectification of cable faults to the sites. 14.1.3 Taking pit, cutting cable, cleaning cable, assisting TT for jointing, reinstating the pit. 14.1.4 Assisting TT for opening and rectifying in any existing joint. . Assisting TT for localising fault. 14.1.5. Assisting TT in house wiring. 14.1.6. Assisting TT in dropwire erection. 14.1.7 Helping /assisting the TT in erection and dismantling of telephone post. 14.1.8 Assisting TT in cable retrieval. 14.1.9. Assisting TT in pillar wiring. 14.1.10.Assisting TT in laying, installing and repairing cables and erection of OF cable through telecommunication posts and electrical posts. 14.1.11. Any other work of similar nature as above, assigned by the officer in charge. 14.1.12. Any other works that may be incidental and related to external plant maintenance. The work involves assisting BSNL staff in carrying equipments and tools to site, digging standard pits at the jointing location, excavating trenches at time for localization of cable faults, reinstating and termination in DPs/Pillars etc jointing cable, reinstatement of soil after completion of jointing work of cable for all types of cables irrespective of sizes, upgradation of Pillar, DPs etc. under regular Maintenance and allied works including new installation/laying/ maintenance aerial OF on polls and posts for FTTH and assisting to Broad Band installation/maintenance works. 14.2.If the manpower is required during the night hours, the contractor is responsible for supply of the same. 14.3Manpower shall be provided for whole month throughout the calendar year if required. Besides assisting in rectifying cable faults, they will have to help TM in other line maintenance and connected works, post erection, dismantling posts and different types of wires, house wiring etc., to carry out the regular upgradation and maintenance of Pillars & DPs. Also in new works associated with new connections and Broad Band provisions, Assisting Transmission, FTTH aerial OFC Construction on posts and polls, and other related works 14.4 .It is the responsibility of the contractor to supply the man power at the work spot, as per the instructions of the controlling officer.

15. WORKMEN 15.1 Assessment of required man power for various exchanges in Pathanamthitta SSA is furnished in Annexure I. The quantum of manpower requirement is only approximate and the General Manager Telecom, BSNL, Pathanamthitta reserves the right to decrease or increase the same to the extent of ± 25% of the total requirement, according to the quantum of work required to be executed. 15.2 The contractor shall supply workmen who are adequately healthy, below the age of 55 years and sufficiently competent to assist BSNL staff in the maintenance of external plant.

15.3 The workmen shall fully cooperate with BSNL staff and carry out the work strictly in accordance with the instructions/guidance issued by the BSNL staff on the spot. 15.4 It shall not be open for the contractor or the workmen to question the decision of the officer in charge of external plant maintenance with regard to the location or the nature of tasks on which the workmen will be engaged.

15.5 The workmen supplied by the contractor shall be available to BSNL for a minimum duration of 8 hours a day. In case the workmen already assigned under this tender becomes unavailable for any reason attributable to the contractor or the workman concerned for a duration of less than eight hours, the wages and the service charge payable shall be arrived at on a proportionate basis on the basis of the number of hours actually engaged. For the above, the following calculation may be used: Contract rate for one unit work × no. of hours actually worked by the workman 8 15.6 While in the normal course the workmen provided under this tender would be engaged for eight hours per day by BSNL, in emergency situations, such as major cable break down etc., additional manpower may become necessary or available workmen may have to be asked to work for more than 17 eight hours a day, after getting approval of competent authority. When available workmen are required to be engaged for durations exceeding eight hours a day, wages will be paid on the basis of normal contract rate for the extra hours engaged in line with the formula applied for shorter working hours as indicated in Para 15.5. 15.7 contractor. This tender is for regular supply of workmen on a contract basis. The award of contract or the fact of the workmen or the contractor being engaged by BSNL does not confer any right to/the contractor or to any of the workmen or other people engaged by the contractor under this tender, for any employment in BSNL at any time or for any benefit financial or otherwise beyond what is made explicit in the tender document.

16. SUBMISSION OF BILLS AND CERTIFICATIONS 16.1 Bills should be submitted zone wise on monthly basis on or before 5th of every subsequent month to the DE concerned. 16.2The bills shall be submitted in the printed format with the bill numbers in running sequence. 16.3.PAN should be furnished in the bill. 16.4.GST registration details shall be available in the Bill. Copy of GST paid challan may also be attached with the bill. 16.5.Approved tender rates shall be printed in the bill itself. 16.6.Copy of EPF(with ECR)/ESI remittance challans of previous month along with the list of Labourers for whom the remittances have been made and amount paid for each labour should be enclosed along with the bill from second month onwards without which payment of monthly bill will not be released. The list should contain the EPF/ESI account numbers of the labourers. Monthly remittance challans should not include remittance details of labourers engaged on other contracts. 16.7.For the last month of the contract period, the documents are required to be submitted immediately after remittance without which the Security Deposit will not be refunded. 16.8.Certificate from the respective unit officer stating that payment for the previous month to the workmen has been made in his presence duly countersigned by the Divisional Engineer should be attached with each bill. 16.9.Certificate of attendance issued by the unit officer in charge of the external plant maintenance, duly countersigned by the Divisional Engineer should be attached. 17. COMPENSATION FOR DELAY. 17.1 If labourer is not provided by the contractor or/and if the labourers provided by the contractor fail to carry out the assistance works in time or neglect/delay the work thereby causing delay in rectification of faults, proportionate reduction of contract amount will be made for full/part of the day/days based on the report of BSNL officials/officers in charge of the work, in addition an amount of Rs.100/- will be deducted per labour per day. The decision of GMT,BSNL, Pathanamthitta on the amount to be deducted on this account from the monthly bills shall be final. 17.1(a) In case of emergency/need, if the contractor fails to supply additional labour, the same will be met by other sources and the additional expenditure incurred for this should be met by the contractor. 17.1(b) If the workmen supplied fails / irregular in attendance / reluctant to carry out the work, he should be replaced with proper substitute within seven days as per oral/ written instruction from the controlling officer. 17.2.The Tenderer should pay the wages to the labourers on or before 7th of each month for the previous month wages by crediting to the Bank account of the concerned worker without waiting for settlement of his bill by BSNL. 17.3.If any recovery of penalty is levied by Labour commission/EPF/ESI authorities etc., for non- compliance of statutory rules the same will be recovered from the contractor’s bills or from Security Deposit. 17.4 Bills to be submitted in the succeeding month itself with all relevant records. Bills submitted after delay of over three months after the month in which the related work is carried out shall be deemed to be time barred and shall not be paid.

18. RECISSION/TERMINATION OF THE CONTRACT 18.1 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. 18 18 b.If the contractor fails to supply the required manpower assistance. c.If the contractor suspends or abandons the execution of work and the unit officer in- charge of the work comes to the conclusion that work could not be completed within due date for completion or the contractor had already failed to complete the work by that date. d.If the contractor had been given work by the officer-in-charge of work, a notice in writing to redo any defective work and fails to comply with the requirement within the specified period. 18.2 Upon rescission of the contract, the whole security deposit of the contractor will be forfeited and will be absolutely at the disposal of the BSNL. 18.3 Unsatisfactory works or non adherence of all or any one of the above conditions will be treated as breach of agreement or breach of any of the conditions or instructions issued during the currency of contract period then and there is liable for the imposition of penalty as decided by GMT, BSNL, Pathanamthitta besides the forfeiture of the security Deposit remitted by the contractor and Blacklisting of contractor for future contracts for minimum period of three years. 18.4 If the contract is terminated under this clause, the BSNL shall be at liberty to recover from the contractor the cost of materials not returned or damaged by the persons employed by him. 18.5 When the contract is sought to be terminated under the provisions of this clause, BSNL shall issue a notice in writing to the contractor communicating the intention of BSNL to terminate the contract of grounds of performance deficiencies on the part of the contractor. The contract shall stand terminated without any further communication within fifteen days after the date of such a notice unless the General Manager Telecom, Pathanamthitta, decides otherwise and such a decision is communicated to the contractor in writing before the expiry of the said notice period. 18.6 In all cases where the contract is terminated on grounds of breach of contract, unsatisfactory performance or other deficiencies on the part of the contractor, the Security Deposit made by the contractor under this tender shall be forfeited fully and irrevocably to BSNL. The forfeiture of Security Deposit shall be without prejudice to any other action that BSNL may take to make good any loss or damages it has suffered or for which it becomes liable on account of the any action or inaction on the part of the contractor or on the part of any workmen provided by the contractor or on account of the termination of the contract. In addition to it, BSNL may black list the contract so as to prohibit the contractor from participating in any future tender of BSNL for a minimum period of three years from the date of termination of the contract. 18.7.The decision on whether termination of the contract is warranted under this clause or not or any loss or damage is recoverable from the contractor and its monetary values shall be the sole prerogative of the General Manager Telecom, Pathanamthitta and his decision shall be final and binding on the contractor. 18.8.Any communication to the last known postal address will be sufficient for any purpose of written communication. Any plea of absence from headquarters or change of address will not be acceptable to establish non-receipt of communication on the part of the tenderer.

18.9.LABOUR WELFARE AND FAIR WAGES The Tenderer shall be fully responsible for the compliance of all the provisions applicable under Labour Laws including (a), 1. Employees liability Act 1938 2. Industrial Dispute Act 1947 3. Meternity benefit Act 1961 4. (a), Contract labour (Regulation & Abolition ) Act 1970 or the modifications thereof or any other laws relating thereto and the rules made there under from time to time. The regulation aforesaid shall be a part of this contract and any breach thereof shall be deemed to be a breach of this contract. Bids not confirming to the above requirement are liable to be rejected.

19 Signature of the bidder

19 (b). The contractor has to ensure that the labourers are getting the minimum wages prescribed by Central / State Government and the workmen must be allowed a day off for rest in a week. ©. A tenderer shall obtain a valid labour license under the contract labour ( R & A ) Act 1970 and the contract labour (R & A) Central Rules 1971 before commencement of the work and continue to have a valid License until the completion of the work. The contractor shall also abide by the provision of the Child labour ( Prohibition and Regulation ) Act 1986. Any failure to fulfill this requirement shall attract the Penal provisions of this contract arising out of the resultant non-exicution of the work. The Tenderer shall be fully responsible for the compliance of all the provisions applicable under Labour Laws including 1 .Payment of Wages Act 1936. 2 .The Contract Labour (R&A) Act 1970 3. The employees Provident Fund and Miscellaneous Provisions Act 1952. 4. Employees State Insurance Act 1948 5. Workmen Compensation Act 1923 6. The Payment of Bonus Act’1965 7. Minimum Wages Act’ 1948. 8.All other Acts and statutes applicable from time to time . d). FAIR WAGE CLAUSE:- The contractor shall pay wages as per the rate fixed by the BSNL, CGMT,Tvm order NO Genl/2001-1/2014/1/26 dated 6th June 2016 as amended from time to time. 18.10.1. Child Labour and aged persons above 55 years will not be permitted. 18.10.2. The sponsored person have to attend all the duties earnmarked to him. 19. 1. At the time of submission of tender documents the contractor has to submit a declaration that NO NEAR RELATIVE OF THAT CONTRACTOR is working in the BSNL in any capacity. The company or firm or any other person is not permitted to tender if his relatives viz father, mother, son, daughter ,brother , sister and in-law is/are working in BSNL. 19.2If it comes to the notice, after awarding the contract, that the contractor having a relative working in BSNL or is a benami to any other person, penal action will be taken like cancellation of contract and forfeiture of security deposit or imposition of any other penalty as deemed fit by the General Manager Telecom, BSNL,Pathanamthitta. 20. DAMAGES TO HUMAN LIFE/BSNL PROPERTY/PRIVATE PROPERTY:While carrying out the work, if any accidents / damage done to the properties /humanlife, consequent loss will have to be borne by the contractor. The contractor will be entirely responsible for the damages caused during execution of work, to the properties belonging not only to BSNL but also to other Departments, Organizations, Other Private Operators andindividuals. 21.1 Sub contract is not permitted. If it is found at latter date that subcontract is awarded, the SD will be forfeited and the contract will be terminated and contractor will be black listed.

21.2 All the Xerox copies of required documents to be attested by by Gazetted Officer (BSNL/ State/Central) 21.3 All the pages have to be signed by the tenderer and sent along with tender offer 20 Signature of the bidder 20 21.4 The Contractor(s) shall at all times indemnify the CMD, BSNL against any claim which may be made under the Workmen's Compensation Act, 1923 or any statutory modifications thereof or otherwise for or irrespective of any damages or compensation in consequence of any accident or injury sustained by any workmen or other person whether on the employment of the contractor(s) or not. In every such case in which by virtue of the provisions of Section.12, Sub Section.1 of the Workmen's Compensation Act, 1923, the BSNL is obliged to pay compensation and without prejudice to the rights of BSNL under Section.12, Sub Section.2 of the said Act. BSNL shall be at liberty to recover such amount or any part thereof by deducting it from the Security Deposit or from any sum due by the BSNL to the Contractor(s) under this Contract or otherwise. 21.5 The service charge quoted shall remain the same throughout the period of contract including the period of extension. The workman shall be paid wages as per the rate schedule given .and the amount shall be reimbursed to the contractor by BSNL on production of proof of payment. Any payment made in excess of the same for whatsoever reasons shall be borne by the contractor and BSNL shall have no responsibility or liability on this. 21.6 This tender is purely a labour contract. The award of contract does not confer any right on/by any of the persons engaged by the contractor for an appointment/ absorption in BSNL. 21.7 The tenderer should sign on all the pages of Tender Documents and Schedule of works and Annexure enclosed to the Tender and if not signed in any or all pages the Tender will be rejected at technical evaluation stage. 21.8 Separate work diary as per annexure VII is to be maintained by the contractor for each worker mentioning details such as Telephone number, DP number, location etc, duly certified by TM/JTO/SDE concerned. It should be made available to the inspecting authority during the time of inspection. 22. MODE OF PAYMENT TO THE CONTRACTOR 22.1 The bills raised on “General Manager Telecom, BSNL, Pathanamthitta’’ should be submitted in Duplicate (Separate Bills for Each Division) every month with an Advance stamped Receipt along with proof of payment of wages,viz. copy of bank statement,acquittance slip, EPF and ESI challans for the previous month for which bill is raised by the contractor to the DE concerned. Necessary deduction towards Income Tax, Surcharges and loss / damage shall be made from the bills at the time of payment as per the prevailing rules and conditions from time to time. The payment to the successful contractor will be made on the basis of actual number of manpower supplied each day and computed on monthly basis.

22.2 All payments shall be made by appropriate net banking based funds transfer method into bank account of the contractor. The requisite mandate in prescribed form has to be submitted while executing the agreement. 22.3 In cities/areas where ECS/EFT facility is provided by Banks, the bidder must have accounts in such ECS/EFT facility providing Banks and that Bank Account number shall be quoted in the Bids by the bidder.

22.4 The bidder must submit the proforma (Annexure IV) for enabling transfer of payments through electronic clearance/electronic fund Transfer channels. 23 THE RESPONSIBILITIES OF THE CONTRACTOR: a) The contractor should possess valid license to take up the work in accordance with contract Labour (R & A) Act. b) The Contractor should replace its persons when it is found by the designated officer that they are not discharging their duties up to the mark. c) The Contractor should strictly adhere to the Statutory Regulations viz. Wages, EPF and ESI as per schedule rate approved by central Labour Commissioner or state Govt. whichever is higher and adhere to relevant Acts in force in respect of each item.

21 Signature of the bidder

21

d) In case of additional requirement of manpower, the Contractor should be in a position to supply them at specified rates only without delay.

e) In case it is found by BSNL that any property or material of the BSNL is lost or put to loss/damage due to the negligence of the contractor’s labourer, the contractor will be held fully responsible and should reimburse the cost of loss/damage so incurred. The decision of GMT, BSNL, Pathanamthitta as to the quantum of loss / damage and negligence is final. f) In case any workman of the agency suffers injury / damage or meets with an accident during the discharge of duty, the entire cost of compensation should be borne by the agency and the BSNL will stand fully indemnified against any claim/damage/Compensation. g) Successful tenderer should ensure that the work awarded will not fall into the hands of outsiders, such as sub-letting etc under any circumstances and sub contract if any will not be permitted and in such cases the contract awarded to the successful Tenderer will be terminated and security deposit will be forfeited and Bank Guarantee will be encashed. h) The contractor shall be responsible for maintaining of the following register/records required to be maintained under various labour laws. 1) Register of Attendance/ Muster Roll 2) Register of Wages 3) Register of Fines 4) Register of Wage slips 5) Register of leaves/Absentees a)The contractor will obtain from the Assistant Labour Commissioner (Central) Cochin a valid license under the Contractor Labour (R&A) Act 1970 and the Contract Labour (Central) Rules 1971 prior to the commencement of work. Any other Certificate from any other jurisdiction will not be accepted and the work awarded shall stands cancelled. The GMT, BSNL, Pathanamthitta reserves the right to proceed further as deemed fit. b)The Tenderer should adhere to all the administrative rules of the contract labour (Central) Rules and their instructions issued by that office from time to time with respect to the establishment of the organization and the manpower engaged by them in relation to the welfare and financial activities of the manpower. c)The contractor shall issue the ESI CARDS to all the workers employed by him under this contract within the time stipulated by BSNL. d)The contractor shall issue Identity cards to all the workmen engaged. All the expenses for the issue of the ID cards should be borne by the Contractor. No persons will be allowed to work without ID cards. lThe contractor shall pay the wages in full to the workmen on or before the 7th day of every succeeding month, irrespective of any delay in payment of bill by BSNL. A certificate to effect that previous month payment has been made to be produced with each monthly bill. e)The contractor should pay every month both employer and employees EPF/ESI contribution due for all workmen engaged under this contract work, at the nearby and concerned EPF/ESI offices and submit to this office a list containing the name of workers, their EPF/ESI Numbers, amount paid and proof of payment every month. f)National /eligible holidays for the workers will be intimated as per the direction received from the head of circle. g)The contractor should ensure that the persons deployed under the contract should not participate in/ organize any dharna or agitation or strike. It should also be ensured that that the workmen should not participate in any dharna or agitation or strike by Trade unions/ Associations of BSNL. The violation of this condition will be deemed as a breach of contract. h)The contractor or his representative shall meet the designated BSNL Officers at SSA headquarters on demand. 24. DISPUTES / ARBITRATION: 24.a. In the event of any question, dispute or difference, arising under this agreement or in connection therewith except as to matter the decision of which is specifically provided under this agreement, the same shall be referred to sole arbitration of the Chief General Manager, Kerala Circle, Trivandrum 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, Kerala Circle, Trivandrum or by whatever designation such officers may be called (hereinafter referred to as the said officer) and if the Chief General Manager, Kerala Circle. Trivandrum or the said officer is unable or unwilling to act as such to the sole arbitration or some other person appointed by the Chief General Manager, Kerala Circle. Trivandrum 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 a Government Servant or that he has dealt with the matter to which the agreement relates or that in the course of his duties as Government Servant he has expressed views on all or any of the matter under dispute. The award of the arbitrator 22 shall be final and binding on the parties. In the event of such arbitrator to whom the matter is originally referred, being transferred or vacating his office or being unable to act for any reasons whatsoever such Chief General Manager, Kerala Circle, Trivandrum 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. 24. 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 Arbitrator and Conciliation Act, 1996 and the Rules made hereunder, any modification thereof for the time being in force shall be deemed to apply to the arbitration proceeding under the clause. 24.c. The venue of the arbitration proceeding shall be the Office of the GMT, BSNL, Pathanamthitta or such other places as the arbitrator may decide. The following procedure shall be followed 24.d. In case parties are unable to reach a settlement by themselves, the dispute should be submitted for arbitration in accordance with Contract agreement 24.e. There should not be a joint submission with the Contractor to the sole arbitrator. 24.f. Each party should submit its own claim severally and may oppose the claim put forward by the other party 24.g. The onus of establishing his claims will be left to the contractor 24.h Once a claim has been included in the submission by the Contractor, a reiteration or modification thereof will be opposed 24.i. The “points of defence” will be based on actual conditions of the contract 24.j. Claims in the nature of ex-gratia payments shall not be entertained by the Arbitrator as those are not contracted 24.k. The question whether these conditions are equitable shall not receive any consideration in the preparation of “points of defence” 24.l. If the contractor includes such claims in his submission, the fact that they are not contractual will be prominently placed before the Arbitrator 24.m All legislation will be within Pathanamthitta SSA area courts only. 24.ARBITRATION : (Applicable in case of supply orders /contracts with firms other than "Public Sector Enterprise) (Not applicable in cases valuing less than Rs 5lakhs) Except as otherwise provided elsewhere in the contract, if any dispute, difference, question or disagreement arises between the parties hereto or their respective representatives, orassignees, in connection with construction ,meaning, operation, effect, interpretation of the contract or breach thereof which parties unable to settle mutually, the same shall be referred to Arbitration as provided hereunder. 1) A party wishing to commence arbitration proceeding shall revoke Arbitration clause by giving 60 days notice to the designated officer of the other party. The notice invoking arbitration shall specify all the points of disputes with details of the amount claimed to be referred to arbitration at the time of invocation of arbitration and not thereafter. If the claim is in foreign currency, the claimant shall indicate its value in Indian Rupee for the purpose of constitution of the arbitral tribunal. (2)The number of arbitrators and the appointing authority will be as under.

Claim amount (excluding Number of arbitrator Appointing Authority claim for counter claim, ifany)

Above Rs 5 lakhs to Rs 5 Sole arbitrator to be BSNL(Note: BSNL will forward a list crores appointed from a containing names of three empanelled panel of arbitrators of arbitrators to the other party for selecting one BSNL from the list who will be appointed as sole arbitrator by BSNL)

Above Rs 5 crores 3 Arbitrators One arbitrator by each party and the 3rd arbitrator, who shall be the presiding arbitrator, by the two arbitrators. BSNL will appoint its arbitrator from its panel.

(3)Neither party shall appoint its serving employee as arbitrator. (4)If any of the Arbitrators so appointed dies, resigns ,becomes incapacitated or withdraws for any reason from the proceedings, it shall be lawful for the concerned party/ arbitrators to appoint another person in his place in the same manner as aforesaid. Such person shall proceed with the reference from the stage where his predecessor had left it both parties consent for the same; otherwise, he shall proceed de novo.

23 (5)Parties agree that neither party shall be entitled for any pre-reference or pendentelite interest on its claims. Parties agree that any claim for such interest made by any party shall be void (6)Unless otherwise decided by the parties, Fast Track Procedure as prescribed in section 29B of the Arbitration Council Act, 1996 for resolution of all disputes shall be followed ,where the claim amount is upto Rs.5 crores. [29B.Fast track procedure- (1) Notwithstanding anything contained in this Act, the parties to an arbitration agreement, may, at any stage either before or at the time of appointment of the arbitral tribunal, agree in writing to have their dispute resolved by fast track procedure specified in sub-section (3). (2) The parties to the arbitration agreement ,while agreeing for resolution of dispute by fast track procedure, may agree that the arbitral tribunal shall consist of a sole arbitrator who shall be chosen by the parties. (3) The arbitral tribunal shall follow the following procedure while conducting arbitration procedure under sub-section (a)The arbitral tribunal shall decide the dispute on the basis of written pleadings, documents and submissions filed by the parties without oral hearing; (b) The arbitral tribunal shall have power to call for any further information or clarification from the parties in addition to the pleadings and documents filed by them; (c) An oral hearing may be held only ,if, all the parties make a request or if the arbitral tribunal considers it necessary to to have oral hearing for clarifying certain issues; (d) The arbitral tribunal may dispense with any technical formalities, if an oral hearing is held, and adopt such procedure as deemed appropriate for expeditious disposal of the case. (4)The award under this section shall be made within a period of six months from the date the arbitral tribunal enters upon the reference. (5)If the award is not made within the period specified in sub-section(4), the provisions of sub-sections (3) to (9) of Section 29A shall apply to the proceedings. (6)The fees payable to the arbitrator and the manner of payment of the fees shall be such as may be agreed between the arbitrator and the parties.] (7) The arbitral tribunal shall make and publish the award within time stipulated as under

Amount of Claims and Counter Claims Period for making and publishing of the award (counted from the date the arbitral tribunal enters upon the reference)

Upto Rs 5 crores Within 6 months (Fast Track Procedure)

Above Rs 5 crores Within 12 months

However, the above time limit can be extended by the Arbitrator for reasons to be recorded in writing with the consent of parties and in terms of provisions of Act. (8) In case of arbitral tribunal of 3 arbitrators, each party shall be responsible to make arrangements for the travel and stay etc, of the arbitrator appointed by it. Claimant shall also be responsible for making arrangements for travel/stay arrangements for the Presiding Arbitrator and the expense incurred shall be shared equally by the parties.In case of sole arbitrator, BSNL shall make all necessary arrangements for this travel/stay and the expenses incurred shall be shared equally by the parties. (9)The Arbitration proceeding shall be held at New Delhi or Circle or SSA Headquarter (as the case may) (10)Subject to the aforesaid conditions, provisions of the Arbitration and Conciliation Act,1996 and any statutory modifications or re-enactment thereof shall apply to the arbitration proceedings under this clause 25. FORCE MEJEURE: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, fire, floods, explosions, epidemics, 24 quarantine restrictions, strikes, act of God, 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 any 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 may come to an end or cease to exist, and the decision of the BSNL as to whether the work has been so resumed or not, shall be final and conclusive, provided 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. 26. GST Invoice & Compliances under Goods & Service Tax Act (GST), 2017. 26.1 Tax Clause - All taxes except CGST, SGST, UTGST and IGST if any, required to be paid on the invoices shall be borne by the supplier 26.2 Payment terms: BSNL will make payment to supplier only after the invoice is uploaded by supplier in GST outward return i.e. GSTR-1 and credit of GST is available (reflected in GSTR- 2A) to BSNL.”Supplier hereby agrees that it will be solely responsible for performing all compliances and making payments of GST, cesses, interest, penalties or any other tax/ duty/ amount/ charge/ liability arising either out of laws/ regulations applicable in India and overseas or because of a demand/ recovery initiated by any revenue authority under laws/ regulations applicable in India or overseas 26.3 GST Invoice - It shall be the responsibility of supplier to raise appropriate tax invoice as per the provisions of GST Act. BSNL reserves the right to be indemnified for the credit loss in case BSNL is unable to claim the input tax credit for any non-compliance / default in raising appropriate invoice by supplier. Further all invoices should be sent to BSNL promptly. Further the Supplier is required to comply following requirements w.r.t. issuance of invoice: • All the details of supplier (name, address, GSTIN/ unregistered vendor, place of supply, SAC/ HSN code etc.) and other mandatory details shall be mentioned on the invoice; • Invoice/DN/CN need to be issued timely within the time prescribed under GST law; • In case of any deficient supply, BSNL shall convey the same in a reasonable time to enable the supplier to issue credit note and take tax adjustment; • It would be the responsibility of the supplier to declare correct information on invoice and GST portal viz. the amount, the place of supply, rate of tax etc. In case, the eligibility of input tax credit is questioned or denied to BSNL on account of default by the supplier, the same would be recovered by BSNL from the supplier; • Registered location of the both the parties i.e. BSNL and supplier should be mentioned in the agreement with GSTIN No. Further, supplier should raise invoices at the registered premise of BSNL for availment of credit and ensure that the place of supply as per GST law is same as registered premise; • It shall be the responsibility of supplier to raise invoice within the prescribed timelines; • E-waybill number should be mentioned on the invoices; 26.4 Indemnity - It is the responsibility of the supplier to ensure that outward supply return (GSTR-1) is filed correctly and to declare correct information on the invoice and GST portal. In case of mismatch because of vendor’s fault, prompt amendments must be made by the supplier else supplier shall be required to indemnify BSNL of the loss of credit due to mis-match and BSNL shall recover the said amount from the payment to the vendor. The compliances to be adhered by supplier includes (but is not limited to) the following: (i) Uploading appropriate invoice details on the GSTN (Goods and Service Tax Network) within the stipulated time;(ii) Issuing GST compliant invoice / CN/ DN. PO issued by BSNL should be referred by supplier for capturing information on the invoice; (iii) Acceptance of changes made by BSNL on GSTN on account of non-upload or incorrect upload of details on GSTN. Such changes w.r.t. the mis-match are required to be accepted by supplier within the time limit prescribed under the GST law. It must be noted that in case supplier does not accept such changes within the time limit prescribed under GST law, the loss of input tax credit (if any) would be recovered from the supplier. BSNL reserves the right to be indemnified for the credit loss and recover the said amount from the supplier in case BSNL is unable to claim the input tax credit for any non-compliance or default or due to lack of diligence on the part of the supplier. Further in case any credit is not received or short credit is received or in case of any error because of which no credit is received then such equivalent amount is not liable to be paid by BSNL. Where, however the amount has already been paid by BSNL the same is liable to be recoverable or adjustable against subsequent payments

25 26.5 Debit/Credit Note:- The supplier acknowledges and agrees to issue appropriate debit note/ credit note as prescribed under GST Act and send to BSNL within the within the prescribed time. All documents should be received well in advance so as to enable BSNL to claimpropercredit. Further it shall be the responsibility of supplier to declare the details of such credit note in the return for the month during which such credit note has been issued but not later than September following the end of the financial year in which such supply was made, or the date of furnishing of the relevant annual return BSNL reserves the right to be indemnified for the credit loss by supplier in case BSNL is unable to claim the input tax credit for any non-compliance or default or due to lack of diligence on the part of the supplier, whichever is earlier. 26.6 Purchase Order - It is understood between the parties that supplier shall raise invoice on the basis of purchase order issued by BSNL. In case of any deviation or disagreement by supplier on place of supply, billing location, HSN code/ SAC code stated on PO, it shall be the responsibility of supplier to intimate BSNL well in advance. Further, in case supplier raises the invoice on an address other than agreed, it shall be the responsibility of the supplier to modify the invoice. 26.7 Place of supply - For the purpose of this agreement, place of supply under GST Act shall be the place of supply as determined under purchase order raised by BSNL. It shall be the responsibility of supplier to intimate BSNL well in advance in case of deviation / disagreement with the place of supply as determined in PO. 26.8 Deficient Supply/ Incomplete supply/ Rejected supply - Each party to contract agrees that in case of any deficient supply or incomplete supply or rejected supplier, it shall be the responsibility of supplier to issue GST compliance credit note within the reasonable time and take tax adjustment. In case the supplier fails to issue proper credit note within the time stipulated under the GST law the taxes charged and not adjusted would be borne by the supplier. 26. 9 Discount clause- In cases where supplier is providing discount to BSNL for the goods supplied by it or service rendered, following should be predetermined or mutually agreed between supplier and BSNL: 1. Situations in which discount would be allowed by supplier to BSNL (e.g. Value-based/ quantity-based discounts) 2. Basis and manner in which discount would be computed and allowed to BSNL 3. Deduction of such discount from the value of supply as per provision of GST Act 26.10 Compliance Rating - Supplier shall be liable to comply with all the compliances as may be prescribed to ensure that compliance rating is not reduced below the prescribed limit as laid down under GST Act and GST regulations. Supplier shall be required to submit a self-declaration from time to time, that they are not black-listed on the GST portal. Notwithstanding anything contained in agreement, in the event of black listing of supplier i.e. compliance rating reduced below the prescribed limit, the amount related to tax shall be paid to supplier only on receipt of input tax credit to BSNL 26.11 E.way bill - It shall be the responsibility of supplier to obtain e-way bill in case of movement of goods exceeding limit as prescribed under the GST Act. Supplier would indemnify BSNL in case of any non-compliance or default or due to lack of diligence on the part of the supplier to comply with the e-waybill requirement. 26.12 Penalty - It is agreed by supplier that in case of any deviation, default or negligence on the part of supplier due to which it is liable to pay penalty to BSNL, the same shall be recovered by BSNL from supplier along with applicable GST tax (as may be applicable) 26.13 Liquidated damage - GST (if applicable) on account of liquidated damages due to delay in supply of goods would be borne by supplier.. 27. SET OFF:Any sum of money due and payable to the contractor [including security deposit refundable to him] under this contract shall be appropriated by BSNL and set off the same against any claim of BSNL for payment of a sum of money arising out of this contract or under any other contract made by the contractor with BSNL.The GST on such set off will be borne by the supplier.

Signature of Tenderer 26

26 SECTION V

TENDERER’S PROFILE

PHOTO

1. Name.

2. Whether Individual/Company/Partnership firm.

3. In case of Company/Partnership firm, name and designation of the person authorised to sign the contract agreement.

4. Address.

5. Telephone No.

6. Income Tax Permanent Account No. (PAN)

7. GST Registration No.

8. EPF Registration No.

9. ESIC Registration No.

10. Details of experience in Man Power supply.

11. Bank Account No. with name of branch

12. IFSC Code of the bank

13. Any other relevant details.

I/We hereby declare that the particulars furnished above are correct.

Date: Signature:

Signature of Tenderer 27

27

SECTION VI

BID FORM

To

The General Manager Telecom, BSNL, Pathanamthitta SSA,

Dear Sir,

Having examined the conditions of contract and specifications including addenda, the receipt of which is hereby duly acknowledged, we, undersigned, offer to execute the work of providing labour assistance on labour contract basis in External Plant maintenance works, in conformity with said conditions of contract and specifications as may be ascertained in accordance with the schedule of prices attached herewith and made part of this bid.

We undertake, if our Bid is accepted, we will execute the work in accordance with specifications, time limits & terms and conditions stipulated in the tender document.

If our Bid is accepted, we will 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 fixed for Bid opening and it shall remain binding upon us and may be accepted at any time before the expiry of that period. Until a formal Agreement is prepared and executed, this Bid together with your written acceptance thereof in your notification of award shall constitute a binding contract between us.

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

Dated this ...... day of ...... 2019

Signature of Authorised signatory…………………………..

in capacity of …………………………………………………

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

Witness......

Address......

Signature......

Signature of Tenderer 28

28 SECTION VII

Format of Certificate regarding close relatives working in BSNL (No Relation Certificate (I ) (To be submitted by all the Directors of the Company)

I ______s/o ______r/o ______here by certify that none of my relative(s) as defined under is/are employed in BSNL unit for which I am bidding..

In case at any stage, it 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.

The near relatives for this purpose are defined as:- Members of a Hindu undivided family/ They are husband and wife/ The one is related to the other in the manner as father, mother, son(s) & son s wife (daughter in law), Daughter(s) and daughter s husband (son in law), brother(s) and brother s wife, sister(s) and sister s husband (brother in law).

Dated this ______Day of ______2019

Signature: ______

CERTIFICATE ( II )(FOR TENDER DOCUMENT DOWN LOADED FROM INTERNET)

“I……………………………………….(authorized signatory) hereby declare that the tender document submitted has been downloaded from the website” http://www .keralatelecom.com , and no addition / deletion / correction has been made in the downloaded tender document. I also declare that I have enclosed a DD for Rs…………………...... towards the cost of bid document along with the tender.

Signature of tenderer/Authorized Signatory

Place:…......

Date:…......

Name of the Tenderer…......

Seal of the Tenderer

Signature of Tenderer

29

29 SECTION.VIII

DECLARATION

(for EPF & Misc provisions Act 1952)

I, …………………………………………..………………… (name of the contractor/agency) hereby declare compliance towards conditions of the EPF and Misc. provisions Act 1952 and authorize BSNL to recover any payment that arises due to failure to comply with any of the Labour legislations and statutory conditions viz., Labour, EPF, ESI etc., or any other acts dealing with the same and all other acts mentioned in the tender document.

Place : … ......

Date :…......

Signature of tenderer/Authorized Signatory

Name of the Tenderer…......

Seal of the Tenderer

Signature of Tenderer

30

30

SECTION IX

Letter of Authorisation for attending Bid opening

Subject: Authorisation for attending bid opening on ______(date) for the tender of ______.

Following person is hereby authorised to attend the bid opening for the tender mentioned above on behalf of ______(Bidder) in order of preference given below.

Order of Preference Name Specimen Signatures

I.

Alternate Representative

Signatures of bidder or

Officer authorised to sign the bid documents on behalf of the bidder.

Note: 1. One representative will be permitted to attend bid opening. Alternate representative will be permitted when regular representatives is not able to attend.

Permission for entry to the hall where bids are opened may be refused in case authorisation as prescribed above is not received.

31 Signature of Tenderer

31 SECTION X

Financial Bid

( Rate Schedule Proforma )

To The. Assistant General Manager (planning-ll) O/o General Manager Telecom, BSNL, Tiruvalla

Sir, Sub: -EOI for supply of manpower for assistance in External plant maintenance work in Pathanamthitta SSA. (Divisions) Tender No.EOI/MANPOWER SUPPLY(CABLE MAINTENANCE)/2019-20/ Dated 16 /10/2019

With reference to the Tender No. cited above, I am willing to supply manpower to assist Telecom Mechanics for cable work in Pathanamthitta SSA at all stations as per tender conditions at the rate quoted below:

Zone No Amount quoted for Service Charges for providing one manpower for 8 hour. duty per Day (Exclusive of GST) in Rupees .

In figure In words

Signature of the tenderer with date; Witness Name & Address signature: Note: The wages payable to the workers of the contractor shall be based on the instructions contained in CGMT Kerala Order No. Genl/200-1/2014/I/26 dated 6.6.2016, subject to variation according to the orders issued by the Govt.of Kerala/ Central Govt/ BSNL from time to time. The wages shall be paid to the workers including EPF, ESI. ST shall be reimbursed by BSNL on submission of monthly bills.. EPF, ESI and ST payable are as per the rate fixed by the government from time to time.

Signature of Tenderer

32

SECTION XI FORMAT FOR AGREEMENT

THIS AGREEMENT IS EXECUTED ON the DAY OF 2019

By and in Between BSNL (A Govt. of India Enterprises) a company incorporated under the companies act 1956 vide incorporation certificate no______having its registered office at______(hereinafter referred to as the ‘Party of First Part’ which expression shall included the legally constituted signatories, assigns, successors and officers duly empowered to execute such agreement) of the first part through its ______empowered to execute this agreement through its resolution passed in the meeting of Board of directors vide number dated herein part of this agreement. And

______having Address at ______(hereinafter referred to as the Party of Second Part’ or Second Part which expression shall included the legally constituted signatories, assigns, successors and officers duly empowered to execute such agreement) of the second part through its ______empowered to execute this agreement.

Whereas the Party of First Part i.e. BSNL (A Govt. of India Enterprises) is and Whereas the Party of First Part has established a high brand through quality services, marketing research, publicity and public relation exercise in relation to telecommunication cellular telephony internet broadband and the said high reputation and goodwill so earned has been and continues to be unique in its area of operation.

Whereas the Party of First Part is running and operating Telecom Networks and due to increase in work pressure and increase in the scale of operations the party of first part intend to distribute non-core activities of general nature to the party of second part. Whereas the Party of Second part desire to own responsibility of/for non-core activates and incidental activities related to proper and suitable functioning of the Telecom Network Premises. Whereas the Parties agree to that the title / heading / label / title / name / brand / trade-mark / trade- name / design / logo / drawing / blueprint / sign / signal / indication / style / mode in the name and style of “BSNL” shall be exclusive property of party of first part. All compliance of the relevant and applicable law and other statutory provision attracted under such transfer of non- core activities privilege, right from the party of first part to second part shall be responsibility and liability of the party of first part. And Whereas the Parties agrees to that the title / heading / label / title / name / brand / trade-mark / trade-name / design / logo / drawing / blueprint / sign / signal / indication / style / mode in the name and style of “BSNL” shall be exclusive property of party of party of first part, eventually and the cost of such transfer shall be bear by the party of second part.

And Whereas, the transfer of non-core activities as enumerated in the scheme, is not of permanent nature and for a specific period only as defined in this agreement and within the provisions of applicable law and Whereas the party of second part has offered to enter into the present agreement with the party of first part for services to be rendered, inter alia, for ______and other services which are as given in Annexure IV (Scope of work to be defined exhaustively) on the terms and conditions herein contained and the rates approved by the party of first part______Whereas the party of second part has been duly accepted and necessary security deposits have been furnished in accordance with the tender document vide______and whereas no interest will be claimed on the security deposits.

Signature of the tenderer 33

33

NOW THEREFORE IN CONSIDERATION OF MUTUAL COVENANTS PREMISES MADE HEREINAFTER PARTIES AGREES AS FOLLOWS:

1. Article 1: SHORT TITLE EXTENT AND COMMENCEMENT 1.1 This agreement shall be for the purpose of specify and arranging the non-core activities and operative schedule and bringing on record the duties in between the parties and also to record all the documents executed in between the parties inclusive of all the tenders, lease agreement, permits and any other document executed on this regard. 2. Article 2: DEFINITIONS: In this agreement, unless the context otherwise requires the following word means;

2.1 Agreement: The agreement executed between the parties and it includes other agreements also, in furtherance of the subject/cause of this agreement. 2.2 Parties: The Party of first Part and the Party of Second Part 2.2.1 Party of First Part means And include the party of first part and the body corporate, its directors, share holders, promoters. 2.2.2 Party of Second Part means And include the party of second part and its legally constituted signatories, assigns, successors; officers duly empowered to execute the agreement; 2.3 Expression of interest. (EOI): The application and the document submitted by the party of the second part to the party of the first part showing his interest for entering into the agreement. 3. ARTICLE 3: PARTY OF FIRST PART PERMISSIONS The Party of first part in order to carry out Non-core activities has given entire responsibilities and privileges subjects to terms and condition of this agreement to the party of second part. 3.1 Use of premises

3.1.1 The Party of First Part permits to the Party of Second Part, to use the said premises and activities incidental thereto; the same is executed in accordance with the terms and conditions as prescribed by the Party of first part.

3.1.2 The Party of First Part also permits to the Party of Second Part the privilege to use the premises only for the execution of the work only as assigned to the Party of Second Part.

3.2 Disclaimer

3.2.1 The Party of Second Part undertakes with the Party of First Part that at no time after the execution of this agreement for whatsoever cause, shall the Party of First Part make any claim to the premises or use of the fact having been Party of First Part in any relationship with ‘BSNL’ in the past, for any business gains

3.2.2 At the end of the agreement all the equipment and infrastructure support shall remain with party of first part, in case those equipments and infrastructure are owned by the part of the first part and provided by party of the first part to the party of the second part. The party of second part shall not claim any right over the equipments and infrastructure of the party of the first part.

3.3 Scope of rights of Party of Second Part; 34 Signature of the bidder

34 The agreements permit the Party of Second Part the privilege executing non-core activities and activities incidental thereto, in relation to the agreed terms and condition in furtherance of business interest and public interest is indispensable. Party of Second Part understands that they are not authorized to any illegal activity or any such activity which is, in contravention to the general policy, statutory provision, rules, regulation as announced or declared or published by any competent authority. Party of Second Part further states that they acknowledge the duty and obligations of the Party of First Part as per the general policy, statutory provision, rules, regulation as announced or declared or published by any competent authority and undertake to fully co- operate with the Party of First Part .

3.4 Appointment of sub-’Agency’ by Party of Second Part;

3.4.1 The Party of Second Part shall be entitled to allow any sub-‘Agency’ or to enter any agreement, arrangement with any other person with a view to delegating the responsibilities, rights and duties allowed to the Party of Second Part under this agreement or in respect of any other work assigned to the Party of Second Part in terms of this agreement. All the agreement by the party of second part shall be in their name and within the knowledge of the party of first part.

3.4.2 The Party of Second Part hereby agrees that during the tenure of this agreement it shall not misuse or allow any other person to misuse the premises of BSNL.

3.4.3 ‘Exclusion of Party of First Part’s other premises, offices Trade name, design, copyright, goodwill etc.

3.5 Ministry of telecommunications Compliance

The Party of second part undertakes to comply with all the rules, regulations etc. as per the requirement of MTC issued from time to time in consonance with the party of first part. Failure of compliance of such statutory and mandatory compliance may give right to party of first part for redressal of the grievances within the frame work of this agreement and also to initiate mechanism to settle at the cost of party of first part.

3.6 Ministry of labour Compliance

The Party of second part undertakes to comply with all the rules, regulations etc. as per the requirement of Ministry of labour issued from time to time in consonance with the party of first part. Failure of compliance of such statutory and mandatory compliance may give right to party of first part for redressal of the grievances within the frame work of this agreement and also to initiate mechanism to settle at the cost of responsible party.

4. Article 4. PARTY OF SECOND PART OBLIGATION

4.1 Equipment & infrastructure; The Party of Second Part may provide Tools and Equipments as per the requirement and need of efficient and effective execution of assigned work. And

4.2 The Party of Second Part shall not misuse or allow to be misused the premises and / or infrastructure of the premises therein through grant of lease, sub-lease, license or otherwise for doing any other business activities or work whether full time, part time or on any other basis.

4.3 ‘Maintenance of specified account/records’

4.3.1 The Party of Second Part shall maintain all specified records in the manner as per the GAAP or other relevant statutory provision, rules and regulations emanating there from. The Party of Second Part understands that the requirement to maintain all the said records in the particular specified formats is necessary for uniform and regulated function and proper calculation of revenue, cost, profit and other related derivatives to ascertain actual and factual position for various instrumentalities of the government.

35 4.3.2 In the event of this, if the Party of Second Part not maintains the specified records, the Party of Second Part agrees to pay / reimburse to the Party of First Part, the charges incurred by the Party of First Part in actually completing the same records or assisting the Party of Second Part in this regard. The Party of Second Part also undertakes to pay the said amount to the Party of First Part with in fifteen days of issuance of the invoice.

4.4 Staff recruitment and selection

4.4.1 The Party of Second Part shall appoint any staff at the pay scale prescribed by the various relevant statutory provisions as prescribe by the relevant competent instrumentalities of the government. The Party of Second Part unambiguously understands that the staffs appointed by the Party of Second Part shall be the employees of the Party of Second Part only and Party of First Part shall have no liabilities / obligations towards them and the party of first part not in any manner exercises their control over the appointed staff in any manner.

4.4.2 The Party of Second Part shall be free to appoint other supporting staff on his own and shall be responsible for the any outcome of such appointment. Party of first part is not responsible for any such outcome. Any such staff selected for appointment should have sufficient exposure in supporting the TM in cable works and their skill should be demonstrated and accepted by the competant authority prescribed by the Party of first part.

4.4.3 The party of second part understands and undertakes that it will ensure compliance of all the labor and employment law rules and regulation and prepare an ‘employment manual’ to this effect within a reasonable time period taking care of all the laws, effective on that date and present a original copy for submission to the relevant authorities.

4.5 Scope of selection procedure, interview and training;

The Party of First Part reserves the right to decide the scope, location and dates of the selection process, final interview and training, if so required.

4.6 Reports and feed backThe parties mutually decide to exchange such reports and feedbacks for mutual benefits and proper implementation of this agreement.

4.7 Confidentiality and protection of premises property of The Party of Second Part undertakes;

4.7.1 Not to cause or permit anything, which may damage or endanger the property of the Party of the first Part and

4.7.2 To notify the Party of First Part about / of any suspected trespass intrusion of the property of the principal immediately after such detection and

4.7.3 To take reasonable action as decided mutually by the parties in relation to such encroachment of property right. And 4.7.4 On expiry or termination of the agreement forthwith stop the use of all property of the Party of First Part. And

36 Signature of the bidder

36 4.7.5 Not to lend, sell, or otherwise give away any property or information about the Party of First Part, his business secrets, plans, services, programs, materials, manuals etc. to any third party at ant party during the tenure of the agreement or even after this agreement ceases to exist. And 4.7.6 Not to cause or permit to be caused any activity which may damage endanger the property rights or title of the Party of First Part.

4.7.7 Shall maintain all the records including duty roaster as per the requirement of Ministry of labour.

4.8 The Party of second part hereby undertakes to indemnify BSNL against all actions, suits, proceedings, claims, losses, damages etc., which may arise under Minimum Wages Act, Fatal Accident Act, Workmen Compensation Act, Shops & Establishment Act, Family Pension & Deposit Linked Insurance Scheme Contract Labour (Regulation and Abolition) Act 1970 or any other Act or statutes not herein specifically mentioned but having any direct or indirect application for the person(s) engaged under this contract by him.

4.9 The Party of second part shall defend, indemnify and hold BSNL harmless from any liability, which may be imposed by the Central, State or local authorities and also from all claims, suits arising out of or by reason of the work provided by this contract including any liability that may arise out of accident, whether brought by the employees of the Party of second part or by the third parties or by the Central or State Government authority or any sub-division thereof.

4.10 BSNL shall not be responsible for any claim/compensation that may arise due to damages/injuries to the Party of second part’s employee(s) under any circumstances while an employee(s) of the contractor is engaged in duty under the Contract. 4.11 (a) The Party of second part shall also be bound to discharge obligations as provided under various statutory enactment including the Employees Provident Fund & Miscellaneous Act, 1952, Employees Pension Scheme, 1995, ESI Act 1948, Contract Labour (Regulation and abolition) Act, 1970, Minimum Wages Act 1948, Payment of Wages Act 1936, Payment of Bonus Act, 1965, Payment of Gratuity Act, 1972, Workmen's compensation Act 1923, Works Contract Act, 1999 and other relevant Acts, Rules and Regulations in force and as amended from time to time and are in force in the State where the subject work under this Contract are executed.

(b) The engagement and employment of labourers and payment of wages to them as per existing provisions of various labour laws and regulations is the sole responsibility of the Party of second part and any breach of such laws or regulations shall be deemed to be breach of this contract. BSNL may ask the contractor to produce documents to verify that these provisions/laws are complied with by the contractor.

(c) All wages allied benefits such as leave, ESI, PF, Gratuity , Bonus etc, shall be paid by the Party of second part and BSNL shall not incur any liability or additional expenditure whatsoever for personnel deployed.

4.12 The Party of second part shall at his own cost and initiative take out and maintain at all times until the completion of the contract/lease period, insurance policies in respect of workmen engaged by him for providing services under this contract, in order to keep himself as well as BSNL/Lessee fully indemnified from and against all claims whatsoever including but not limited to those arising out of the provisions contained in Workmen's Compensation Act, 1923. Should the Contractor fail to take out and/or keep afoot insurance as provided for in the foregoing paragraph, BSNL/Lessee shall be entitled (but without any obligation to do so) to take out and/or keep afoot such insurance at the cost and expense of the Contractor and without prejudice to any other rights or remedies of BSNL/Lessee in this behalf, to deduct the sum(s) incurred thereof from any amounts due to the Contractor.

4.13 Communication of the problems;

Any problem that may arise while executing this agreement must be communicated by the parties in writing by fax/e- mail/registered post immediate by the parties, respectively to their corporate head offices and any other Addresses provided by the parties.

Signature of the tenderer 37

37 4.14 Maintenance of records

4.14.1The Party of Second Part shall maintain a true and accurate record of all the cost of material, salaries and direct operating expenses related to the expenses and other incidental activities.

4.14.2The Party of Second Part shall submit audited profit and loss account and balance sheets of its business to the competent authorities to the preceding financial year of operation within 30 days from the end of financial year and the Party of Second Part in compliance may seek assistances of party of first part to this effect.

4.14.3The Party of Second Part shall maintain any other record to ensure the interest of party of first part from time to time.

4.14.4The Party of Second Part shall maintain any other record to ensure the compliance of guidelines from time to time.

4.15 Execution of non-core activities;

4.15.1The Party of Second Part agrees to spend a reasonably adequate amount as per the requirement, proper functioning, for the Execution of non-core activities.

4.15.2The Party of First Part agrees to work in tandem with the Party of second Part for Execution of non-core activities.

4.15.3The Party of Second Part agrees that the activity at ground level shall be the sole responsibility of the Party of Second Part

4.16 Securities;

4.16.1. The Party of Second Part undertakes to abide by the rules and regulation as decided by the parties for the physical protection of information, infrastructure and other related things.

4.17 Code of conduct

Party of Second Part undertakes to ensure that the all staff and employee adhere to the standard code of conduct followed by the industry and to ensure this the party of second part appoints suitable and responsible person to supervise the proper implementation of such code, revised and amended up to date.

4.18 Membership, affiliations;The Party of Second Part shall enroll itself as a member of such professional bodies, associations and societies as the normal standard of the requirements of the industry. The Party of Second Part understands that such enrollments are for its benefits and undertakes to pay such charges /fee may be required for such enrollments.

Signature of the tenderer 38

4.19 Additional activities

38 The Party of Second Part undertakes to organize such additional activities which may be decided mutually from time to time which would contributes towards improvements of work culture and agrees to accept the terms and conditions as decided by the parties .

4.20 The party of second part shall engage on his own expenses the requisite number of representatives with means & materials as well as tools, appliances, machines, implements, vehicles for transportation, cartage etc. required for the proper execution of work within the link prescribed in the work orders.

4.21 The party of second hereby declares that nobody connected with or in the employment of the Bharat Sanchar Nigam Limited/DOT/DTS is not/shall not ever be achieved as partner in the contract.

4.22 The rates approved are inclusive of all taxes the payment will be subject to availability of funds after sanction of bill by the competent authority through Cheques and deduction of Income Tax & all statuary/Govt. Taxes. The party of second part shall submit the copy of GST paid challan and EPF/ESI paid challan for the previous month along with the bill. While preparing the bill the party of second part shall bifurcate the amount of GST in bill submitted. The party of second part shall submit the bills monthly consolidated for each Divisions duly signed and verified by the officer’s in-charge and Divisional Engineer for satisfactory work execution.

4.23 The contractor shall submit bills to the concerned DE’ s before 3rd of every month, who shall forward the same to GMT,Tiruvalla .The AO will make the payments to the contractor against the bills after verification.But the contractor shall ensure timely payment of wages to the labourers without waiting for settlement of bills submitted to BSNL.The contractor shall pay the wages to the workers before 7th of the succeeding month.

5. Article 5: CONSIDERATIONS

5.1 Monthly fee

5.1.1 The Party of First Part shall pay to the Party of second Part an amount______. Any demand by the party of second Part shall not be entertained by the Party of first Part to the Party of First Part towards any other use apart from this agreement shall not be claimed and is agreed to be sufficient consideration for payments of prescribed monthly fee.

5.1.2The party of the second part is liable to pay wage to the workers based on the minimum wages prescribed by the government of India based on VDA rates. The extra liability due to the increase in VDA will be borne by the party of the first part .

5.2 Profit sharing:The Party of Second Part shall not pay to the Party of First Part any amount as a profit sharing. Any demand by the party of first part shall not be entertained by the Party of Second Part to the Party of First Part towards the use and earning any profit by executing the work.

5.3 Taxes duties. taxes or duties, imposed or assessed by the central government or any other authorized local bodies in respect of payment or dues paid by Party of First Part after signing this agreement, will be borne by the Party of Second Part.

Signature of the tenderer 39

6. Article 6: SERVICE BY THE PARTY OF FIRST PART

39 The Party of First Part here by agrees to provide following services in accordance with the terms of this agreements.

6.1 Functional management in respect of the competent government authorities for proper execution of this agreement in letter and spirit of this agreement.

7. Article 7: DISBURSEMENT TO PARTY OF FIRST PART

7.1 Disbursement in relation to entire, unconditional, unlimited and unqualified responsibilities, Party of Second Part agrees to execute a separate agreement with the party of first part.

8. Article 8: LIMITATION OF AGREEMENT

8.1 Trademarks, trade names and trade secrets

8.1.1 The Party of Second Part shall not claim any ownership right in trade mark, trade name, design, copyright, goodwill which is not the subject matter of this agreement but property of first party. It shall derive its power to use from the provision and clauses of this agreement only.

8.1.2 The Party of second Part shall not claim any ownership right on premises as it shall be property of party of party of first part. after complying all the mandatory provisions of applicable laws and contractual obligations. It shall derive its power to use from the provision and clauses of this agreement only.

8.1.3 The party of second part shall not incorporate any word or design deceptively and confusingly similar to Party of First Part’s trade-mark, trade-name, design in its trade-mark, trade-name and trade-style other then the subject matter of the agreement.

8.1.4 The Party of Second Part agrees not to divulge any trade secrets that may be made available to it, in confidence. The Party of Second Part further agrees to ensure fidelity of information imparted to or available to them.

8.1.5 All the liabilities of the party of first part related to their business prior to the date of execution of this agreement shall be liabilities of the party of first part.

8.2 No ‘Agency’

8.2.1 The parties here to agree that the Party of Second Part is an independent entity. Nothing here in contain shall constitute the Party of Second Part as an agent, legal representative, partner, subsidiary; joint venture or employee of the Party of First Part. The Party of Second Part shall have no right or power to and shall not bind or obligate the Party of First Part in any way, manner or title whatsoever, nor represent, it has any right to do so.

8.2.2 The parties here to agrees that all the litigation-disputes/claims arising or taking place with the third parties after signing this agreement shall be contested/or settle by the Party of Second Part itself. The Party of First Part shall not be responsible for the same in any circumstances.

Signature of the tenderer 40

40 9. Article 9: INSURANCE:The Party of Second Part takes appropriate policies for new insurances w.e.f this agreement to cover it against losses /damages and renew such policies up to the period of this agreement. Evidence of policies having being renewed shall be made available to the Party of First Part, in case it requires it, in any compliance issue.

10. Article 10: TENURE AND RENEWAL OF THE AGREEMENT

10.1 Tenure:The tenure of this MOU shall expire under ______circumstances until unless specifically agreed and in written form accepted by parties, though this MOU ceased to exists if the ______.

10.1.1Both the parties shall execute a new agreement in case if it is required to achieve the purpose stipulated in this agreement as per the modified law, statutory provisions, rules and regulation issued or changes by the competent authorities.

10.1.2The parties shall not have any automatic right of termination under any of the clause and it shall be not discretions of the parties to terminate the present agreement.

10.2 Disbursement of dues ;Both the parties agree to initiate all the necessary activities to settle pending dues as per the scheme enumerated in other agreements, which comprehensively deals with this issue. Any such disbursement shall strictly as per the scheme.

10.3 Notwithstanding anything elsewhere herein provided and in addition to any other right or remedy of the BSNL under the Contract or otherwise, the BSNL shall be entitled to terminate the Contract by written notice at any time during the currency on or after the occurrence of any one or more of the following events or contingencies, namely: 10.3.1.Default or failure by the party of second part of any of the obligations of the party of second part under the Contract, including but not limited to:

(a) Negligence in carrying out the works or carrying out of work found to be unsatisfactory by the competent authority in BSNL (b) Abandonment of the works or any part thereof; (c) Suspension of the entire works or any part thereof, for a period of 14 (fourteen) days or more without due authority from the BSNL (d) Commission, permission or sufferance of any other breach of any of the terms, conditions or provisions of the Contract on the part of the party of second part to be paid, performed and/ or observed.(e) Failure to deposit the Initial Security Deposit within 10 (ten) days of receipt by the party of second part of Acceptance of Tender (in case applicable (f) Failure to execute the Contract in terms of the Form of Contract forming part of the Tender Documents within 10(ten) days of notice in this behalf from the BSNL; 10.3.2 If the party of second part is incapable of carrying out the work; 10.3.3 If the party of second part misconducts himself in any manner; 10.3.4 If there is any change in the constitution of the party of second part or in the circumstances or organization of the party of second part, which is detrimental to the interests of the work or the BSNL; 10.3.5 Dissolution of the party of second part or commencement of liquidation or winding up (whether voluntary or compulsory) of the party of second part or appointment of a receiver or manager of any of the party of second part 's assets and/ or insolvency of the party of second part or any Partner of the party of second part; 10.3.6 Distress, execution, or other legal process being levied on or upon any of the party of second part 's goods and/ or assets; 10.3.7 Death of the party of second part; 10.3.8 If upon any change in the Partnership/constitution of a party of second part 's organization (if a Partnership), the BSNL shall refuse to continue the contract with the re-constituted firm;

10.3.9 If the party of second part or any person employed by him shall make or offer for any purpose connected with the Contract any gift, gratuity, royalty, commission, gratification or other inducement (whether 41 money or in any other form) to any employee or agent of the BSNL; 10.3.10 If the party of second part shall sub-contract the whole or any part of the work in contravention of the provisions of the Contract 10.3.11 The decision of the .....(Competent Authority), as to whether any of the events/ contingencies mentioned in above Clauses, entitling the BSNL to terminate the Contract, has occurred or not, shall be final and binding upon the party of second part. However, before invoking action under this clause, BSNL shall give prior written notice to the party of second part to rectify the problem areas within maximum two weeks of time. 10.4 The authority of premises shall stand terminated in the following events 10.4.1 Upon the expiry of the contracted period 10.4.2 Upon occurrences of instances mentioned in clause above 10.4.3Upon mutual consent of the parties before the expiry of the period. In the event, the 11 Article

11: EFFECT OF NON- RENEWALBoth the parties shall ensure and work to clear all the dues, liabilities and make such arrangements, so to avoid inconvenience to both parties. This agreement is governed by this agreement and both the parties are bound to renew this agreement by redrafting and re- executing it, as prescribed in this agreement in letter and spirit.

12.Article:INDEMINIFICATION: 12.1 Loses and damages 12.1.1 The Party of Second Part and the indemnifiers are jointly and severally responsible for all losses to damages to third person, originating in or connected with the conduct of the Party of Second Part for all claims demand for damages to properties or for injury, illness, or death of persons directly or indirectly resulting there from. The agency and indemnifier agree to defend, Indemnifies and save the Party of First Part from any harm with respect to any such claims, losses all damages result from the willful negligence of the Party of First Part, Its employees or agents after signing the agreement.12.1.2 The Party of first part and the indemnifiers are jointly and severally responsible for all losses to damages to third person, originating in or connected with the conduct of the Party of first Part for all claims demand for damages to properties or for injury, illness, or death of persons directly or indirectly resulting there from.12.1.3 The agency and indemnifier agree to defend. Indemnifies and save the Party of second Part from any harm with respect to any such claims, losses all damages result from the will ful negligence of the Party of First Part, Its employees or agents. The Party of first Part and the indemnifier shall be obliged to immediately intimate to the Party of second Part in the event of any unlawful use of either the Party of second Part’s trade mark, trade name, design, copyright, patent by any third party. If it is established that such activity is the act of either the Party of Second Part itself or any of or all of its directors Party if First Part officers Key personnel employees etc the indemnifier here by indemnifies the Party of second Part in respect all expense that may be incurred by the Party of second Part In stopping such activity. The Party of Second Part agrees to assist the Party of First Part in taking appropriate action and further agrees to commence such action if legal requirement so dictate. 12.1.4 Personnel indemnification; (a) The indemnifier here by personally indemnifies the Party of First Part in respect of every claim, which the Party of First Part may have against the Party of Second Part under this agreement and further personnel guarantees payment of the same to the Party of First Part. This shall not affect any right of the Party of First Part to precede ageist the Party of Second Part in respect of such claim or claims. (b) The indemnifier here by personally indemnifies the Party of Second Part in respect of every claim, which the Party of second Part may have against the Party of first Part under this agreement and further personnel guarantees payment of the same to the Party of second Part. This shall not affect any right of the Party of second Part to precede ageist the Party of first Part in respect of such claim or claims.

42 Signature of the tenderer

42 13. Article 13: DIRECT SUPERVISION:Both Parties agrees that in the event of Non-compliance of any clause due from the Parties or for any other reason as may be mentioned in the agreement or against the law of this land, Both the Parties may in their discretion, act any or the entire procedure in following manner:

(a) Direct to take appropriate measures with respect to all its activities.

(b) Call arbitrator to Assume direct supervision over the operations.

(c) The Parties reserve the right to withdraw or report to the arbitrator at its discretion during the currency of the agreement if the condition so demand.

(d) The Parties shall further agrees that such arrangement shall continue till the Parties are fully satisfied that the things are in order in respect of the breaches and defaults mentioned above after which the Parties shall handover the operation to the arbitrator.

14. Article 14: DEFAULTS.

14.1 The occurrence of the following events / acts shall constitutes good and sufficient cause for the Party of First Part at its options and without prejudice to any other rights or remedies provided for hereunder or by law or equity to redressal of the issues, this agreement without any compensation by notice in writing to the Party of Second Part, such notice to redressal of the issues at such date as the Party of First Part in their discretion determine and cancel the contract.

14.1.1 In case of appointment of Sub- ‘Agency’ by Party of Second Part, in contravention of the spirit and intention of the MOU, it excludes the agencies appointed to carry out delegated works and tasks.

14.1.2 Using the recourses dedicated under this agreement for the purpose outside the purview of this agreement. 14.1.3 In case any of the condition and requirements mentioned in the expression of interest (EOI) application given to the party of the first part by the party of the second part is found to be misleading, false and incorrect, the party of the first part reserves the right to cancel the agreement at any time.

14.2 In case of the following non-performance by the party of the second part the penalty enumerated therein will be imposed by the party of the first part. 14.2.1 The party of the second part shall be responsible for calling the concerned officer In-charge at the work site (i.e. Telephone Exchange areas etc.) at the time of starting as well as end of duty. If at any of time the party of the second part fails to do so, 5% of the monthly contract amount will be deducted from the payment of the party of the second part for every such instance of such negligence on their part.

14.2.2 The party of the first part also reserves the right to monitor the provisions of ervices at the work site at any time through visit to the site. In case the party of the second part is not found at the time of the duty, 10% of the monthly contract amount will be deducted from their payment for every such instance of such negligence on the part of the party of the second part.

Signature of the tenderer 43

43 15. Article 15: EFFECT OF REDRAFTING/RE-EXECUTION

15.1 As described, this agreement is terminable, re-convening of this agreement either due to default or for any other reason, the reputation and the goodwill of Party of First Part shall forthwith stand reverted and re-conveyance to the Party of First Part. The Party of Second Part acknowledges that the benefit obtained and accrued to it as a result of this agreement of said reputation and goodwill shall constitute adequate consideration for such reversion and re-conveyance in favors of the Party of First Part or party of second part as the case may be 15.2 Non use of trade-mark, trade-name, trade secretes on redrafting/re-execution of this agreement for any reason, the Party of First Part shall directly or indirectly identify in any manner as a Party of Second Part or the Party of First Part in particular but without prejudice to forgoing generality, the Party of Second Part shall execute the work assigned to it. 15.3 Lien and damages; In the event of redrafting/re-execution of this agreement by the parties, the parties shall be entitled to claim damages and injuries and the parties agrees to, in such event of termination, they shall pay amount as decided by arbitrator as liquidated damages to the injured party.

16. Article 16: MISCELLANEOUS /GENERAL CONDITION 16.1 Interpretation:The recitals incorporated herein make a part of this agreement, total of article, sections, clauses and paragraphs are used for convenience only and are part of the text. All terms used in any one gender shall be construed to include any other gender as the context may require. The singular shall be deemed to include the plural and the plural shall be deemed to refer to singular as the context may be. 16.2 Entire agreement:This agreement constitutes the entire agreement between the parties and shall prevail over any other agreements relating to the subject matter thereof. The Party of Second Part declares that it rely upon no representation, conditions or warranty on the part of the Party of First Part except herein contain. The agreement is prepared in two original copies having same effect. 16.3 Non-waiver: The failure of the Party of First Part to exercise any right, power or option given to it hereunder or non-insistence on options for strict compliance of the terms hereof, by the Party of Second Part shall constitute a waiver of the terms and conditions of this agreement with respect to any other or subsequent breach thereof, not a waiver by the Party of Second Part of its right at any time thereafter to require strict compliance with all the terms thereof. The right of remedies hereunder is cumulative to other rights on remedies which may be granted by the law. 16.4 Governing lawsThe agreement shall be governed and construed in accordance with the laws of republic ofIndia. 16.5 Applicable laws:This agreement including any mater relating thereto arising after its expiry or termination shall be governed by the laws of Indian union. 16.6 Severability:If any provision of this agreement is held invalid by the court decree the remainder of this agreement shall not be invalidated. 16.7 Registration:In case of any delay in registration of this agreement or non-registration due to any reason the effect and strength of this agreement shall have same as of a registered document and neither party shall raise any objection before any competent authority in this regard. 16.8 Notices:Any notice to be given hereunder shall be in writing and shall be deemed to have been duly served after two days of the date of dispatch if send by the registered post at the recorded address of the parties. Notices shall be served by both parties at the addresses/fax/email mention hereunder

Of party of first part 1. 2. Of party of second part 1. 2. Or in case, to the arbitrator at his address at 16.9 Force majeure clause; 16.9.1 Force majeure shall mean any event or circumstances or combination of the events or events or circumstances that materially and adversely affect, prevent or delay any party in performance of its obligation in accordance with the terms of this agreement but only if and to the extent such events and circumstances are within the affected parties reasonable, control, directly or indirectly. 44

44 16.9.2 Force majeure events; the force majored events shall consist of civil war, rebellion, civil commotion, mutiny, flood, tempest, earth quack or other unforeseen forces of the nature or act of god or due to any restrained or regulation or change in the statute, policy of the state or central govt. Like expropriation or compulsory acquisition, exercise of the central and / or state got executive prerogative and court stay order.

16.9.3 In the event of a force majored occurrence , the party invoking the force Majeure shall promptly notify the other party of such circumstances force majeure occurrence shall be suspend the parties obligations with respect to circumstances affected by the force majeure

16.10 The Party of First Part shall not guarantee any success hence; the Party of First Part shall not responsible under any circumstances to pay any compensation and / or damages or losses incurred by the Party of Second Part.

17.1 In the event of any question, dispute or difference arising under this agreement or in connection therewith, the same shall be referred to the sole arbitrator of the party of the first part. 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 on the ground that the arbitrator is a Government Servant or that he has to deal with the matter to which the agreement relates or that in the course of his duties as a Government Servant he has expressed his views on all or any of the matters in dispute. The award of the arbitrator shall be final and binding on both the parties to the agreement. In the event of such an arbitrator to whom the matter is originally referred, being transferred or vacating his office or being unable to act for any reason whatsoever, the party of the first part shall appoint another person to act as an arbitrator in accordance with terms of the agreement and the person so appointed shall be entitled to proceed from the stage at which it was left out by his.predecessors.

17.2 The arbitrator may from time to time with the consent of both the parties enlarge the time frame from making and publishing the award. Subject to the aforesaid, Arbitrator 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-underthis-lause. 17.3 The venue of the arbitration proceeding shall be at such places as the arbitrator may decide. This agreement consisting articles and running into pages (excluding the copies of resolution) carefully read, and after understanding the contents, was signed by the Party of Second Part and the Party of First Part on the day of 2019 at Thiruvalla.

Agreed and accepted

By Party of first part Party of second part

Through authorized signatory Through authorized signatory

Shri. Shri.

Witnesses with Name, Adress and Signature.;

1. 1.

2. 2.

Signature of Tenderer 45

45 SECTION XII BANK GUARANTEE BOND FORM FORMAT OF THE PERFORMANCE BANK GUARANTEE (To be typed on Rs.200/-) (non-judicial stamp paper) Bank Guarantee in respect of Tender No. ------between Bharat Sanchar Nigam Limited and M/s------having its Registered Office at ------(hereinafter called CONTRACTOR ) has to enter into an agreement (hereinafter referred to as “the said agreement”) with M/s Bharat Sanchar Nigam Limited (BSNL in short) (A Government of India Enterprise) with Corporate office at Harish Chandra Mathur Lane Janpath, New Delhi - 110 001 and having Telecom Circle office at TRIVANDRUM through CGMT KERALA CIRCLE and having Telecom SSA office at Pathanamthitta through GMT, BSNL, Pathanamthitta whereby BSNL has agreed to appoint CONTRACTORs for assisting BSNL for providing services on the terms and conditions exclusively mentioned therein for Zone ….. in Pathanamthitta SSA. It has been agreed between the parties that a Bank Guarantee equivalent to 5% of the contract amount +GST shall be given by the CONTRACTOR in favour of the BSNL for due and faithful performance of the terms and conditions of the said agreement. ------Bank having its office at ------has at therequest of the CONTRACTOR (M/s ), ------agreed to give the guarantee as hereinafter contained: 1. We, ------(hereinafter called ‘the Bank”) do hereby undertake and assure to the BSNL that if in the opinion of the BSNL, the CONTRACTOR has in any way failed to observe or perform the terms and conditions of the said agreement or has committed any breach of its obligations there-under, the Bank shall on demand and without any objection or demur pay to the BSNL the said sum of Rs.----- /-(Rupees lakh only) or such lesser amount as BSNL may demand without requiring BSNL to have recourse to any legal remedy that may be available to it, compel the Bank to pay the same. 2.Any such demand from the BSNL shall be conclusive as regards the liability of CONTRACTOR to pay to BSNL or as regards the amount payable by the Bank under this guarantee. The Bank shall not be entitled to withhold payment on the ground that the CONTRACTOR had disputed its liability to pay or has disputed the quantum of the amount or that any arbitration proceeding or legal proceeding is pending between CONTRACTOR and BSNL regarding the claim. 3.We, the Bank further agree that the guarantee shall come into force from the date hereof and shall remain in full force and effect for the period of 24 months from the date of commencement of the agreement or the term of this guarantee whichever is later. But if the period of the said agreement is extended either pursuant to the provisions in the said Agreement or by mutual agreement between the CONTRACTOR and the BSNL, the Bank shall automatically renew the period of the Guarantee for such period which expires 6 (six) months after the renewed period of the said agreement failing which it shall pay to the BSNL the said sum of Rs.------/- (Rupees……………………………………………………………………….…………only) without BSNL demanding the payment of the above sum. 4.The Bank further agrees that the BSNL shall have the fullest liberty without the consent of the Bank and without affecting in any way the obligations hereunder to vary any of the terms and conditions of the said agreement or to extend the time for performance of the said agreement from any of the powers exercisable by BSNL against the CONTRACTOR and to forebear to enforce any of the terms and conditions relating to the said agreement and the Bank shall not be relieved from its liability by reason of such failure or extension being granted to CONTRACTOR or through any forbearance, act or omission on the part of BSNL or any indulgence by BSNL to CONTRACTOR or any other matter or thing whatsoever which under the law relating to sureties would but for this provision have the effect of relieving or discharging the guarantor. 5.The Bank further agrees that in case this Guarantee is required for a larger period and it is not extended by the Bank beyond the period specified above in Clause 3, the Bank shall pay to BSNL without BSNL having to demand the payment of the said sum of Rs. /- (Rs. thousand only) on the last day on which the Bank Guarantee is due to expire.6.Notwithstanding anything herein contained; (a)The liability of the Bank under this guarantee is restricted to Rs. /- (Rs. thousand only) and it will remain in force for a period of 2 years i.e. up to ______(b) The guarantee shall stand completely discharged and all rights of the BSNL under this Guarantee shall be extinguished if no claim or demand is made on us in writing on or before ______.7. The Bank guarantees under its constitutional power to give this guarantee and______and ______who have signed it on behalf of the Bank have authority to do so. (Authorized Signature of the Bank Official) Power of Attorney General: :Dated: at

46

46

ANNEXURE-I ASSESSMENT OF MANPOWER Exchange Name DVN COUNT Exchange Name DVN COUNT ADOOR ADR 6 PTA 2 ELAMANNOOR ADR 1 ELAVANTHITTA PTA 2 EZHAMKULAM ADR 3 KUMBAZHA PTA 1 KADAMBANADU ADR 3 PTA 3 KODUMON ADR 2 MALLASSERY PTA 1 KALANJOOR ADR 2 MALAYALAPUZHA PTA 1 KILIVAYAL ADR 2 PATHANAMTHITTA PTA 7 PARAKKODE ADR 1 V KOTTAYAM PTA 1 PUTHUVAL ADR 1 ATHIKAYAM RNI 1 CHENGARA KNI 1 AYROOR RNI 1 KONNI KNI 4 CHATHANTHARA RNI 1 MURINJAKAL KNI 2 CHITTAR RNI 1 THEKKUTHODE KNI 1 EDAMON RANNI RNI 1 THANNITHODE KNI 1 ETTICHUVADU RNI 1 ARANMULA KOZ 2 JANDAICKAL RNI 1 KIDANGANNOOR KOZ 2 RANNI RNI 4 KURIANNOOR KOZ 1 RANNI PERINAD RNI 1 KOZHENCHERRY KOZ 5 SEETHATHODE RNI 1 NARANGANAM KOZ 1 THULAPPALLY RNI 1 PULLAD KOZ 3 VADASSERIKKARA RNI 2 THADIYOOR KOZ 1 VAYALATHALA RNI 1 THEODICAL KOZ 2 RNI 1 VENNIKULAM KOZ 2 CHATHENKERY TLA 2 CHENGAROOR MAY 1 KUMBANAD TLA 4 CHUNGAPPARA MAY 1 KUTTOOR TLA 2 EZHUMATTOOR MAY 1 KAVIYOOR TLA 2 KALLOOPPARA MAY 2 NIRANAM TLA 5 MAY 2 OTHERA TLA 1 MALLAPPALLY MAY 4 PODIYADI TLA 1 PUNNAVELY MAY 1 PERUMTHURUTHY TLA 1 VAIPUR MAY 1 THIRUVALLA TLA 8 PDN 3 VALLAMKULAM TLA 1 PAZHAKULAM PDN 1 EPBT REPAIR TLA 1 PANDALAM PDN 3 XMN TLA 2 PERINGANAD PDN 2 PALLICKAL PDN 1 THUMPAMON PDN 2

47

47

ANNEXURE II

Service to be provided by the contractor or his/ her representatives

1. Digging test pits for identifying the faults ,trenching for laying cables for fault rectification or providing new connection.

2. Carrying the equipments required for identification and rectfication of cable faults to the sites and rectifying the faults and provision of new connections.

3. Helping TMs in cable jointing , assisting Cable duct work, Teeing, Tee releasing and testing

4. Helping the TM in House wiring

5. Helping the TM in Drop wire erection

6. Helping the TM in telephone post erection and dismantling

7. Helping TMs in erecting Pillars and associated works (such as earthing, plinth

Plinth construction,painting and sign writing. )

8. Assisting CT Box fitting and terminating cables , Jumpering in pillars , MDF etc

9. Any other similar work assigned by the officer in charge.

10. Assisting Transmission, FTTH and other related works.

11. Assisting for FTTH installation team & laying aerial OF cable through/on posts and pillars.

12. Doing all the above works like digging test pits, identifying faults, trenching for laying cables

Rectification of faults, carrying equipments and tools and store items to sites, cable jointing, duct work,

teeing work, house wiring, dropwire erecton.telephone post erection,erection of pillars,and asssociated

works etc.independently in the absence of TMs.

Signature of Tenderer 48

48

ANNEXURE III MANDATE FORM FOR TRANSFER OF PAYMENTS THROUGH ELECTRONIC CLEARANCE / ELECTRONIC FUND TRANSFER SCHEME.

To The General Manager BSNL, Pathanamthitta. Sir,

Kindly pay any amount due to us to our Bank Account as detailed below either by Electronic Clearance/Electronic Fund Transfer mode and the payments shall continue to be made in our below mentioned account till a change is requested by us. The service charges, if any, levied by the bank will be borne by us. We also declare that the particulars given below are correct and complete. If the transaction is delayed, or, not effected at all for incomplete information, we would not hold BSNL responsible.

1. Name of the Company / Firm : 2. Address : 3. Name of the Bank : 4. Name of the Branch : 5. Branch Code : 6. Bank’s IFSC code : 7. Type of Account : 8. Account Number : 9. Bank Address : 10. Bank Telephone No.(& Code) : Date Name & Signature of the Authorized Signatory with seal

(To be filled in by the Bank Authorities) Certified that the particulars furnished above are correct as per our records.

Bank Seal: Signature of Manager / Authorized Officer. Date:

Signature of Bidder

Note:A cancelled blank cheque leaf /copy of front page of the bank pass book may be attached. 49

49 ANNEXURE IV

From

………………………………. ………………………………. ………………………………. ……………………………….

To

The General Manager Telecom, BSNL, Pathanamthitta.

Sir,

Sub: Request for refund of EMD reg: Ref: No. Tender No.EOI/MANPOWER SUPPLY(CABLE MAINTENANCE)/2019-20 Dated 10/10/2019

I/We have submitted tender for the supply of Man Power Assistance for the External Plant Maintenance in Zone No. …..in Pathanamthitta SSA as per tender notification cited above. In case my/our tender is not accepted by BSNL, the EMD remitted by me/us may kindly be refunded as soon as possible. An advance stamped receipt for the above is attached herewith.

Thanking you,

Yours faithfully,

………………………………………………………………………………………………..

ADVANCE STAMPED RECEIPT

Received an amount of Rs. ………../-(Rupees only) from Accounts Officer(Cash), BSNL, Office of the General Manager Telecom,BSNL, Tiruvalla towards EMD amount remitted as per tender No. Tender No.EOI/MANPOWER SUPPLY(CABLE MAINTENANCE)/2019-20/1 Dated / /2019

Signature of bidder:

Date : Name & Address Signature of enderer

50

50 ANNEXURE VI PROFORMA OF POWER OF ATTORNEY (Non-Judicial Stamp paper) POWER OF ATTORNEY Be it known all to whom it concerns that:

1. Shri ______s/o ______residing at ______2. Shri ______s/o ______residing at ______3. Shri ______s/o ______residing at ______

I, the Proprietor / We all the Partners/Directors of M/s______

(Address)______hereby appoint Shri______s/o ______residing at

______as my/our Attorney to act in my/our name and on behalf and sign and execute all documents/ agreements binding the firm for all contractual obligations (including references of cases to arbitration) arising out of contracts to be entered into by the firm with the GMT,

BSNL,Pathanamthitta in connection with their Tender Enquiry No.______dated ..…………

for the supply of Man Power Assistance for the External Plant Maintenance in Zone No……… …………………………………………..in Pathanamthitta SSA due for opening on ......

In short he is fully authorized to do all, each and everything requisite for the above purpose concerning M/s______. And I/We hereby agree to confirm and ratify his all and every act of this or any documents executed by my/our said Attorney within the scope of the authority hereby conferred on him including references of cases to arbitration and the same shall be binding on me/us and my/our firm as if the same were executed by me/us individually or jointly.

Witness (with Address) Signature of the Proprietor/Partners/Directors

1.. 2. Accepted (Signature of Signatory of Tender Offer of the firm) ______ATTESTED Notary Public (Signature with Official Seal)

OR

REGISTERED Before (SUB – REGISTRAR) …………………………….. (Of concerned State)

Signature with Official Seal

Signature of the Bidder 51

51

ANNEXURE VI (TO BE ISSUED IN THE COMPANY’S LETTER HEAD) PERFORMANCE CUM EXPERIENCE CERTIFICATE To Whom so ever it may concern Certified that Shri/M/s ……………………………………………………

…………………………………………..has been awarded the work of ….…...…………………………………………………………………………………………………….

……………………………………and the details of the same are furnished below.

Period of the contract …………………………………………………..

Total value of the contract ………………………………………………………. Specific comments on the performance of the contractor indicating the service was satisfactory/unsatisfactory .

…………………………………………………………………………………………….. ………………………………………………………………………………………………

Signature: (Seal) Date:

Signature of Tenderer

ANNEXURE VII

Format for Work Diary

Name Location:- Details of Date of Unit Telephone No. if Work Signature of Exchan any, DP No., Pillar carried out T/M ge No., Road etc

Prepared byJTO / SDE Counter signed by Divisional Engineer

52 Signature of Tenderer

52

Bidder’s guidelines for participating in E-Tenders through BSNL ERP Portal The bidders may Login as Guest vendors and can view e-tenders available at ERP Portal site (http:// http://eportal.erp.bsnl.co.in/irj/portal) of the BSNL. Alternatively, Bidders can access BSNL corporate website (www.bsnl.co.in), on which a link is available to go to BSNL ERP e-tender Portal. A. Pre-requisites to submit tenders online Bidders should have a valid User ID and password to participate in bidding process/ submit bids online for tenders on BSNL ERP Portal. Bidder user ID will be his vendor code prefixed with ‘V’. A system generated password shall be sent to the Vendor at the time he is registered as an e-tendering Vendor. Bidders should have a legally valid Class III digital certificate as per Indian IT Act from the licensed Certifying Authorities operating under the Root Certifying Authority of India (RCAI), Controller of Certifying Authorities (CCA) of India. Bidder should have internet connectivity; preferably broadband. The payment of Tender Fee and EMD by the Bidders is offline at present as payment gateway is not linked at present. The bidders shall pay the Tender Fee & EMD as per the instructions given in the tender document in this regard. Bidder should fulfill all other pre- requisites mentioned in the tender documents of a specific tender. B. Obtaining User Id to access BSNL ERP Portal site In case a New Vendor who is not a registered vendor of BSNL for E-tendering, the process for registration is as follows –

1. Click on New Bidder? Apply for Access Authorization link on the BSNL ERP Portal login page. 2. Download the Vendor registration template and send the duly filled Vendor registration template with other required documents to the designated Email Id [email protected] mentioned in the registration form. 3. After creation of user Id you will receive an email conveying the user Id and password for BSNL ERP Portal. Note: User Id will be created normally within 3 working days after reviewing the registration form & other documents. In case you don't receive any user Id please send an email to [email protected].

C. Instructions for obtaining Digital Certificate In order to bid for e-tenders at BSNL ERP Portal all the vendors are required to obtain Class III digital certificate as per Indian IT Act from the licensed Certifying Authorities (CA) operating under the Root Certifying Authority of India (RCAI), Controller of Certifying Authorities (CCA) of India. (http://www.cca.gov.in/). D. Steps for obtaining Digital Certificate Visit the site of the licensed CA* using internet browser. Apply online for a class 3 digital certificate for the designated individual with organization name. Ensure the Digital Certificate is legally valid in India. For making payment and submission of documents required for issue of the Digital Certificate, follow the instructions on the CA's website. Use the class 3 Digital Certificate thus obtained for online bidding on BSNL ERP Portal site.

* Websites of some licensed CA's are provided below - http://www.tcs-ca.tcs.co.in/ http://www.safescrypt.com/ http://www.mtnltrustline.com/ http://www.e-mudhra.com/ https://www.ncodesolutions.com/

E. Technical Settings 1.Web Browser:Only Internet Explorer (version 6.0 or above) should be used. Other browsers like Google Chrome, Mozilla Firefox etc. may encounter some problem. Menu Path for seeing the Version: Help --- About Internet Explorer.

53 Check for version of Internet Explorer. It should be 6 or above version.

2. Java:To view some of the components, you need to install Java Internet component JRE 6.0 from http://java.sun.com/javase/downloads/index.jsp or Latest Java component to be downloaded by selecting the link on the ERP Portal of BSNL. After downloading the Java components make sure That you start your internet browser.

Select this for downloading the latest Java Plug-in.

3. again.

54 Select for downloading of Java Plug-in.

Choose your Operating System.

Select for downloading of Java Plug-in

55 On Pop up, Click on Save Button

Pop up appear, Save It on desktop of PC

56 Saving of software started on the destination mentioned above i.e. Desktop.

Click it, for running software.

57 Pop-up Appear, click on Runbutton.

58 Welcome Note, click on Install button.

Indicates Java Installation in Progress

59 Click Close/Finish, which indicates the Java Plug in have been uploaded in system. Always restart the system after installation.

3. Proxy: If you are unable to access BSNL ERP Portal site or Bid Documents, check if you are using proxy to connect to internet or if your PC is behind any firewall. Contact your system administrator to enable connectivity. Please note that standard Port for HTTPS (443) connectivity should be enabled on your proxy/firewall. Broad band without Proxy settings is another option.

4. Pop-ups: Pop-ups should be enabled on BSNL ERP Portal URL and Bid Documents URLs. This is required to view tender documents.

Pop up blocker should be OFF from Windows as well as from any other Toolbar like Google, Yahoo. etc

5. Recommended Screen Resolution: 1024 by 768 pixels.

60 6. Internet Speeds: If you are experiencing slow connectivity to BSNL ERP Portal, then contact your system administrator/ISP provider for desirable speeds.

7. Active-x controls & miscellaneous settings: Maintain the settings as described below to enable digital signature signing and verification.

Menu path: Tools --- Internet Options

Select the Tools →Internet Options, Popup will appear.

61 On Security Tab Select Internet and then click on Custom Level of same Pop up, another popup will appear.

All settings under ActiveX controls and plug-ins should be made “Enable” and if option is “Enable (Not Secure)” then select option “Prompt”.

62 One more setting is required to be done under Miscellaneous in same Security settings Internet Zone Pop up.

Make this setting (Don’t prompt for client certificate selection when no certificate or only one certificate exists) under Miscellaneous as Disable. Then Press OK Button.

63 Now select Trusted sites and then click Custom Level on same popup. Another popup will appear, do the same settings under the Active X control and plug-in and Miscellaneous as above done for Internet

After doing active X settings for Trusted sites .Click on Sites, another popup will appear.

64 Put web site http://sp05rpx1.erp.bsnl.co.in/irj/portaland click Add Button

After adding web site, click on OK

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