BHARAT SANCHAR NIGAM LIMITED (A Govt

BHARAT SANCHAR NIGAM LIMITED (A Govt. Of India Enterprise) Office of the General Manager Telecom District, Sanchar Bhavan, Pitchu Iyer Junction, Alappuzha-688011 Tender Document

E-Tender for

Supply of Man Power Assistance in External plant maintenance work under Alappuzha SSA Tender No: G-65/GNL/MPA/2016-17/01 dated 14-01-2017 (TECHNICAL BID)

Certified that the tender document contains 52 pages only.

Document Number:

Bidder’s Name & Address:

Name of ZONE quoted……………………….

Cash Receipt no:

DD / Bankers’ Cheque No.:

DD / Bankers’ Cheque Date:

NAME OF BANK:

Cost of Tender document : As per Annexure II

Signature of Bidder

INDEX

Sl.No. Description Page No. 01 Notice Inviting Tender 03 02 Instructions & General conditions 05 03 Check List 22 04 Tenderes Profile 23 05 Letter of Authorisation 24 06 Bid form 25 07 No relation Certificate 26 08 Certificate for Tender down load 26 09 Declaration 27 10 Agreement 28 11 Bank Guarantee Bond form 42 12 Annexure-I(List of work area) 44 13 Annexure-II(Details of Bid cost & EMD) 49 14 Annexure-III(Payment through ECS/EFT) 50 15 Financial Bid 51

Signature of Bidder

BHARATHSANCHAR NIGAM LIMITED (A Govt. Of India Enterprise) Office of the General Manager, BSNL, Alappuzha-68801

NOTICE INVITING TENDER

Tender No.G-65/GNL/MPA/2016-17/01...... Dated at ALP, the 14-01-2017

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 District, BSNL , Alappuzha, from eligible and experienced firms/individuals for providing Manpower Assistance in External Plant maintenance, on work requirement basis in Alappuzha SSA. Those who are having EPF, ESI, Service Tax Registration, Labour Licence , PAN 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 for an amount not less than 30% of total cost of the ZONE(S) immediately preceding the date of submission of bid. only are eligible for participating this tender. The works have to be carried out in exchange areas under the jurisdiction of General Manager Telecom District, BSNL, Alappuzha. Assessment of manpower required is specified in Annexure- I of the tender document.

Tender No. & Date Cost of tender Estmated Cost Rs. EMD

document Rs.

As per Annexure G-65/GNL/MPA/2016- II 14/01 dated 17-01-2017

ZONE- I...... Rs.2100/- Rs.1,16.00,000/- ZONE-I..Rs.2,32,000/-

ZONE- Rs.73,50,000/- ZONE-II…Rs.1,47,000/- II...... Rs.1050/-

ZONE- III...... Rs.2100/- Rs.1,17,50,000/- ZONE-III..Rs.2,35,000/-

ZONE- Rs.1,10,00,000/- ZONE-IV.Rs.2,20,000/- IV...... Rs.2100/-

Signature of Bidder

Tender document can be obtained by downloading it from the E-Tender link of website www.kerala.bsnl.co.in or from www/tenderwizard.com/BSNL

The bidders downloading the tender document are required to submit the tender fee amount through DD/ Bankers cheque along with their tender bid failing which the tender bid shall be left archived unopened / rejected. The DD / Bankers cheque shall be drawn from any Nationalised / Scheduled Bank in favour of AO (Cash), O/o GMTD, BSNL , Alappuzha and payable at Alappuzha.

The tender document is not transferable and cost would not be refunded on any account.

1) Last date for issue of tender documents : 1500 Hrs of 08-02-2017.

2) Last date for acceptance of tender document : 1400 Hrs of 09-02-2017.

3) Date and time of opening tender : 1500 Hrs of 09-02-2017

The tender document shall be available for downloading from 16-01-2017, 10.00 hrs. onwards up to 08-02-2017 , 15.00 hrs. As the tender is invited through E- Tendering process, physical copy of the tender document would not be available for sale. The tender document shall not be available for download on its submission / closing date. In ZONE-I TO ZONE-IV Separate bid form with all the required documents to be submitted. Bidders have to deposit EMD along with the bid for each zone. The payment will be accepted in the form of Crossed Demand Draft / Bank Cheque drawn from any Nationalised / Scheduled bank payable at Alappuzha in favour of Accounts Officer (Cash ), O/o GMTD, BSNL, Alappuzha and payable at Alappuzha.

For conducting in Electronic Tendering BSNL Kerala Circle is using the portal http//www.tenderwizard.com/BSNL of ITI Ltd, a Government of India Enterprise. 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.

If the last date of receipt/opening of Tender happens to be a holiday, tenders will be received/opened at the same time on the next working day. The tender in which any of the prescribed conditions are not fulfilled or are incomplete in any respect is liable to be rejected. GMTD , BSNL, Alappuzha reserves the right to cancel the tender at any stage without assigning any reason.

Sd/-

For and on behalf of the CMD

Assistant General Manager (Admn),

O/o GMTD, BSNL,Alappuzha.

Phone: 0477 2252100

Signature of Bidder

BHARATHSANCHAR NIGAM LIMITED (A Govt. Of India Enterprise) Office of the General Manager, BSNL, Alappuzha-688001

INSTRUCTIONS AND GENERAL CONDITIONS

Tender :G-65/GNL/MPA/2016-17/01 ...... Dated at ALP, the 14-01-2017.

1. PREAMBLE

1.1 For and on behalf of CMD, BSNL, New Delhi, the General Manager, BSNL, Alappuzha invites E-Tenders from eligible and experienced firms/individuals for Providing Man Power Assistance in External Plant maintenance, on work requirement basis in Alappuzha SSA. The works have to be carried out in exchange areas under the jurisdiction of General Manager Telecom District, BSNL, Alappuzha SSA.

1.2. ELIGIBILITY CONDITIONS

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.

2. SCOPE OF WORK

2.1 Alappuzha SSA is divided into the following Zones for the purpose of external plant maintenance works as shown below.

Zone Area falling under the control of

Zone I DE External, Alappuzha and DET,Ambalapuzha

Zone II DET Cherthala

Zone III DET Harippad and DET Kayamkulam,

Zone IV DET Mavelikkara and DET Chengannur

Signature of Bidder

2.2 The contract is valid for one year from the date of work awarding after signing the agreement.

2.3. The bidders submitting bid for the work should have sufficient Man powers 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 will be supplied by the BSNL for excavating pits and reinstatement. The unit officers will supply materials like Cables and Jointing Kits required for cable Jointing/Maintenance work. Supply of all consumable materials for the purpose of cable joint like cotton waste, kerosene, sleeve etc will be made by the unit officer concerned. Cable tent is to be constructed if required at the contractor’s own cost.

3. Issue of Tender form/schedule: Tender document can be obtained by down loading it from the E-Tender link of website www.kerala.bsnl.co.in or from www/tenderwizard.com/BSNL

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 Tender details along with schedule can be obtained from Asst. General Manager (Admn), O/o General Manager, BSNL, Alappuzha-688011 between 10.00 hrs and 16.00 hrs on all working days.

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, Alappuzha payable at Alappuzha.

3.4 E-Tender forms can be downloaded from the website www.kerala.bsnl.co.in or www/tenderwizard.com/BSNL and DD towards the cost of tender form drawn in favour of Accounts Officer (Cash) O/o GMTD , BSNL, Alappuzha payable at Alappuzha should be kept in the cover containing technical bid and signed the Certificate in the form mentioned in page-26 (ii)

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:

3.6.1 Method of Preparation of Bid.

Tender shall be submitted in two wax sealed envelope as mentioned below and placed inside a main wax sealed cover which must contain name of the tender and Zone for which the tender is submitted.

Signature of Bidder

The Cover shall contain ENVELOPE COVER 1-

To be superscribed as All pages of tender document except financial bid, attached Technical Bid documents, DDs etc.

Tender No…..

COVER 2-To be superscribed as Financial Bid Financial Bid.

Tender No. ...

COVER 3 -

Main Cover Cover 1 -Technical Bid & Cover 2- Financial Bid.

Tender No....

3.6.2 The Tenderer shall submit tender form duly filled and signed in all pages along with D/D for EMD and cost of tender form . For each Zone separate tender document should be submitted along with separate EMD / Bid cost and he / she has to submit the entire bid document while bidding.. Over writing/ erasures/ corrections in the bid made by the bidder shall be signed with date by the person signing the bid.

3.7. Tenders prepared as above shall be submitted in an outer envelope superscribed as“Tender for Supply of Man Power Assistance in External Plant Maintenance for Zone No. ….. in Alappuzha SSA ” and dropped in the tender box provided for the purpose at the chamber of AGM (Admn), O/o GMTD, BSNL Alappuzha-688011. Last date for submission of tender offer is upto 1400 Hrs of closing date & time, as mentioned in NIT.

3.8. The envelopes containing Tender offers can also be sent by Registered Post addressed to The Assistant General Manager (Admn), O/o the GMTD, BSNL, Alappuzha-688011, but any delay in Postal transit will not be acceptable as a valid reason for condoning delay in submission of Tenders.

3.9. No separate acknowledgements will be given for tenders either sent through post or deposited in the tender box.

3.10 List of documents to be submitted along with bid:

(a) Tender documents in original, duly filled in and signed by the tenderer on each page.

(b) Bid Security [EMD] in the form of DD/Bankers cheque

Signature of Bidder

(d) Bid form duly filled in and signed.

(e) Check list.

Tenderer’s profile.

(f) Experience certificate to establish eligibility criterion. Experience certificate issued from BSNL should be signed by an officer not below the rank of DE/AGM. Experience certificate issued by any other organisation should be signed by an executive of the organisation who is authorised to do so.

(g) Self Attested copy of ESI registration.

(h) Self Attested copy of EPF registration.

(i) Seif Attested copy of Service Tax Registration.

(j) Self Attested copy of PAN Card.

(k) No relation certificate. (Form attached in page no. ( 26-i )

(l) Letter of authorization, if any.

(m) Rate Schedule – in a separate cover

(n) Self Attested copy of Certificate of Registration of firm –in case of firm

(o) Self Attested copy of Partnership Deed in case of partnership firms

(p) Self Attested copy of “Power of Attorney” in case person other than the tenderer has signed the tender documents

(q) Mandate form for ECS/EFT

(r) Vendor form

(s) Refund form

Note: Self Attested copy may be attached along with the bid.

3.11 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 service charge quoted shall take care of all costs to be borne by the contractor including any levies taxes (except service tax) additional cost on employees beyond the wages payable as applicable from time to time. Signature of Bidder

[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 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, Service Tax, 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.

(vi) Bid submitted with an adjustable rate quotation will be treated as non responsive and rejected .

(vii) The bidder will only quote the service charges per person per shift. The rate of service charges as quoted by the bidder shall remain unchanged during the entire tenure of the contract, irrespective of any revision of wages.

(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.

[1x] 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. EMD is to be paid as per NIT along with the tender offer.

5.2. EMD can be paid in the form of an “Account Payee” Demand Draft / Bankers cheque issued by any scheduled / Nationalised Bank and drawn in favour of the Accounts officer (cash), BSNL, Alappuzha payable at Alappuzha.

5.3. EMD can also be paid in cash at the cash counter of the Accounts Officer (Cash), O/o GMTD,BSNL Alappuzha between 10.00 hrs and 15.00 hrs on all working days up to the date for receipt of completed tender documents.

5.4. The Demand Draft / Bankers cheque / cash receipt for the EMD amount shall be Signature of Bidder

enclosed along with the technical bid of the tender offer.

5.5 The EMD will not carry any interest when it is in the custody of the GMTD, BSNL, Alappuzha.

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 Tenderers on production of advance stamped receipt, after finalization of the tender.

5.7 In the case of successful Tenderers the EMD will be refunded only after payment of the prescribed security deposit and executing 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 Technical bids will be opened at 1500 hours as mentioned in NIT in the chamber of the Asst. General Manager (Admn), O/o the General Manager Telecom District, BSNL , Alappuzha- 11 or any other officer authorized by him on his/her behalf in the presence of the bidders or their authorized representative as may be present at the prescribed time and date of opening of the tender. 6.2 Financial bids of only those who qualify in Technical bids will be opened on the same day.

7.1 SECURITY DEPOSIT

The successful tenderer will be required to remit Security Deposit for an amount equal to 5% of the total cost within 15 days from the date of issue of the letter of intent or within the time limit prescribed by GMTD, BSNL, Alappuzha.

7.2 Security Deposit also will not bear any interest when it is in the custody of The GMTD BSNL, Alappuzha. Security Deposit will have to be deposited in any of the following forms.

(a) By Cash to be paid in the counter of the Accounts Officer (Cash), O/o GMTD,BSNL, Alappuzha.

(b) By DD/Bankers cheque issued by any Scheduled/Nationalised Bank drawn in favour of Accounts Officer (cash), BSNL, Alappuzha payable at Alappuzha.

Signature of Bidder

(c) By Bank guarantee obtained from any Scheduled /Nationalised Bank with a validity period of 18 months from the date of Work Awarding of the tender and extend the validity up to the extension period of the contract if any.

7.3 Security deposit will be released after fulfilling the contractual obligations during the contract period.

7.4 Security Deposit of the successful bidder will be forfeited to BSNL in the following cases.

a.) 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. b) 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. c) If any of the conditions indicated in the Tender is not carried out which results in loss/damage to BSNL.if any of the statutory payments (EPF/ESI/Service Tax) are found not remitted/paid.

8 Tender Evaluation:

8.1. The evaluation shall be done zonewise based on the lowest 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.

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 GMTD, BSNL ,Alappuzha will result in cancellation of Tender offer and forfeiture of EMD.

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 GMTD BSNL, Alappuzha 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.

10. a) The contractor shall comply with the statutory provisions/obligations of all labour laws in force.

b) The Contractor(s) should keep the list of workers being engaged on the work with their full postal address and specimen signatures. Everyday, attendance should

Signature of Bidder

12 be taken by the contractor and In charge of the work and no unauthorized persons should be allowed to work. c) The Contractor(s) is/are to be held responsible for and to make good for all injuries, damages and repairs occasioned or rendered necessary to the said tools and accessories and other materials by fire or other causes and to hold the BSNL harmless from any claims or injuries to person or for structural damage to property, happening from any neglect, default, want of proper care or misconduct on the part of the Contractor(s) or of anyone of his/their employee during the execution of the work.

d) 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. e) All National holidays 4 (Four) and 9 (Nine) Telegraph holidays authorized by the competent authority (Total 13) shall be paid holidays for the workers. f) 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. g) The contractor will be engaged as “ WORK CONTRACTOR” on “ WORK CONTRACT BASIS” which is purely a work contract based on the principles of Law of Contract. h) 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. i) Any legal or financial implications while executing the work would be vested with the contractor only, BSNL shall have no liability whatsoever. 10.1 Adherence to the laws of the land

10.2 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.

10.3 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 Alappuzha from any liability arising out of the violation/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. The contractor should observe the provisions of all the relevant laws of land pertaining to employment of workers/ labourers and their working conditions, payment of compensation etc.

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 Signature of Bidder

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 GMTD, BSNL ,Alappuzha :

12.1 The GMT, BSNL, Alappuzha 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 GMTD,BSNL Alappuzha 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.

12.2 The General Manager Telecom District, BSNL Alappuzha reserves the right to reject any tender at any stage without assigning any reason and it is not obligatory to accept the lowest tender.

12.3 The General Manager Telecom District, BSNL, Alappuzha shall be the final authority for deciding successful tenderer and his decision shall be final and binding. 12.4 The GMTD, BSNL,Alappuzha reserves the right to terminate the contract entered into at any time by giving a written notice of 7 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 Documents. 12.5 The GMTD, BSNL, Alappuzha 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. 12.6 In case the performance of the contractor is not satisfactory, the GMTD, BSNL Alappuzha 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.

12.7 The GMTD, BSNL , Alappuzha 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. 12.8 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. 12.9 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 GMTD, BSNL, Alappuzha including blacklisting of the name of the tenderers. The GMTD, BSNL,Alappuzha 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.

Signature of 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

14. Scope of work: The work involves assisting BSNL staff in carrying equipments and tools to site, digging standard pits at the jointing location, taking test pits warranting cable operation, excavating trenches at time for localization of cable faults, reinstating and termination in DPs/Pillars etc

14.1 The Manpower should be utilized for the work of assisting BSNL staff for testing faulty cable, digging Test pits, excavating Trenching, 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 work and for cable retrieval and allied works including new installation and assisting to Broad Band maintenance works.. 14.2 Manpower shall be provided for whole month throughout the calendar year if required. Besides assisting in rectifying cable faults, they will have to help Telecom Technician in other line maintenance and connected works, post erection, dismantling Post and different types of wires, house wiring etc., to carry out the regular upgradation and maintenance of Pillars & DPs. Also in new works assopciated with new connections and Broad Band provisions, Assisting Transmission, FTTH and other related works.

14.3 The Manpower also needed to dig Test pits, jointing pits and making trenches based on the site requirement and as per instructions of unit officers ( JTO/SDE / DE ). 15. If a Labour is engaged for less than 8 hours in a day for assistance work, then proportionate amount on hourly basis only would be paid to the contractor. For the above, the following calculation may be used: Contract rate for full day assistance work × no. of hours actually worked by the Work man/ 8 hours

15.1 Normally a workman would be employed for 8 hours per day for assistance work. In emergency cases, such as failure of cables and major cable break down etc., additional manpower or additional working hours for a labour (more than 8 hours) may be engaged after getting approval of competent authority. In all such cases normal contract rate on hourly proportional basis would be applicable and paid to the contractor.

15.2 Assessment of required man power for various Sub Divisions in Alappuzha SSA is furnished in Annexure I. The quantum of manpower requirement is only approximate and the General Manager Telecom district, BSNL, Alappuzha reserves the right to decrease or increase the same to the extent of + 10% of the total requirement, according to the quantum of work required to be executed.

16. SUBMISSION OF BILLS AND CERTIFICATIONS

16.1 Bill should be submitted zone wise on monthly basis on or before 5th of every month to AGM(Admn) O/o GMT BSNl, Alappuzha .

Signature of Bidder

16.2.The 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. Service TAX registration details shall be available in the Bill if service Tax is payable. Copy of Service Tax 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/ESI remittance challans & ECR (Electronic Chellan cum Return) of previous month along with the list of Labourers for whom the remittances have been made shall 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 include remittance details of labourers engaged on their 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 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 hereby 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. The decision of GMTD,BSNL Alappuzha 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 contractor should pay the wages to the labours 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.

Signature of Bidder

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.

[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 by 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 GMTD, BSNL, Alappuzha besides the forfeiture of the security Deposit remitted by the contractor and Blacklisting of contractor for future contracts for minimum 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. . 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.

18.6.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. Contractor shall comply with the provisions of the Payment of Wages Act 1936. 2.. Employees State Insurance Act 1948 3. Employees liability Act 1938 4. Workmen Compensation Act 1923 5. Industrial Dispute Act 1947 6. Meternity benefit Act 1961 7. Payment of Bonus Act 1965 8. (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

Signature of Bidder

17 shall be deemed to be a breach of this contract. Bids not confirming to the above requirement are liable to be rejected.

(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 contractor 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 contractor 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 & Abolition) Act 1970, Minimum Wages Act 1948, Payment of Wages Act 1936, Payment of Bonus Act 1965, Payment of Grativity 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.

(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.

18.7.1. Child Labour and aged persons above 60 years will not be permitted.

18.7.2. 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.

19.2 If 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 District, BSNL, Alappuzha.

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 and individuals.

Signature of Bidder

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 self attested by tenderer. 21.3 All the pages have to be signed by the tenderer and sent along with tender offer.

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 on page No.52 of this tender (as applicable from time to time) 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.

22. MODE OF PAYMENT TO THE CONTRACTOR 22.1 The bills raised on “General Manager Telecom District ,BSNL, Alappuzha’’ should be submitted in Duplicate (Separate Bills for Each Zone) every month with an Advance stamped Receipt along with proof of payment of wages, EPF and ESI for the month for which bill is raised by the contractor to AGM(Admn),O/o GMT,BSNL, Pitchu Iyer Junction, Alappuzha -688 011.. 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. The bill will be processed and payment will be done within one month of submission of bills. 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.

Signature of Bidder

22.4 The bidder must submit the proforma (Annexure III) 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 on Wages, EPF and ESI and adhere to the relevant acts in force in respect of each item.

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 GMTD, BSNL, Alappuzha 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 i) The contractor will obtain from the appropriate labour authority 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 GMTD, BSNL, Alappuzha reserves the right to proceed further as deemed fit. j) The Tenderer should adhere to all the administrative rules of the contract abour (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.

Signature of Bidder

25. DISPUTES / ARBITRATION:

25.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 theChief 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 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.

25. 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.

25.c The venue of the arbitration proceeding shall be the Office of the GMTD, BSNL,Alappuzha or such other places as the arbitrator may decide. The following procedure shall be followed

25.d In case parties are unable to reach a settlement by themselves, the dispute should be

submitted for arbitration in accordance with Contract agreement

25.e There should not be a joint submission with the Contractor to the sole arbitrator

25.f Each party should submit its own claim severally and may oppose the claim put forward

by the other party

25.g The onus of establishing his claims will be left to the contractor

25.h Once a claim has been included in the submission by the Contractor, a reiteration or modification thereof will be opposed

25.i. The “points of defence” will be based on actual conditions of the contract

25.j Claims in the nature of ex-gratia payments shall not be entertained by the

Signature of Bidder

Arbitrator as those are not contracted

25.k The question whether these conditions are equitable shall not receive any

consideration in the preparation of “points of defence”

25.l If the contractor includes such claims in his submission, the fact that they are not

contractual will be prominently placed before the Arbitrator 25.m All legal disputes will be within Jurisdiction of Alappuzha SSA

area only.

26. 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 ,fires, floods ,explosions ,epidemics , 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. 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.

Sd/-

Asst.General Manager(Admn),

O/o General Manager Telecom District.,

BSNL , Alappuzha-688 011.

Signature of Bidder

CHECK LIST

Tender No. G-65/GNL/MPA/2016-17/01 Dated at Alappuzha, the ...... 14.01.2017......

1. Whether proof for payment of EMD for Rs ……....…… enclosed with Tender schedule If Yes : Cash Rct.No. Dt……...... / DD /Bankers cheque No. Name of bank

2. Whether documents to prove eligibility is enclosed. :

3. Whether declaration of near relative furnished :

4. In case of firm whether copy of certificate of

registration of firm is enclosed. :

5. Whether bid form is enclosed

6. Whether letter of authorization if any is enclosed :

7. Whether Certificate for tender document Down loaded (page No.26 ii)

from Internet is enclosed :

8. Whether declaration for EPF and Misc. Provisions

Act 1952 is enclosed. :

Date : Signature of Tenderer,

Name and address.

Signature of Bidder

TENDERER’S PROFILE

OPHOTO OTO

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./E-mail

6. Income Tax Permanent Account No. (PAN)

7. Service Tax Registration No. (If applicable)

8. EPF Registration No.

9. ESI 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 Bidder

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

______

Alternate

Representative

Signatures of bidder

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.

Signature of Bidder

BID FORM

Tender No:G-65/GNL/MPA/2016-17/01 Dated at Alappuzha the, 14/01/2017……………..

The General Manager Telecom District,

BSNL, Alappuzha SSA,

Alappuzha

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 here with 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 ...... 2017

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

in capacity of …………………………………………………

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

Witness......

Address......

Signature......

Signature of Bidder

No Relation Certificate (I )

I / We………………………………S/O…………………………………… hereby certify that none of my relative(s) ,as defined in the tender document is/are employed in BSNL units as per definitions given in tender document. In case,at any stage, it is found that the information given by me/us is false/ incorrect, BSNL shall have the absolute right to take any action as deemed fit / without any prior intimation to me/us.

Signature of the Tenderer

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 Bidder

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 Bidder

AGREEMENT

PROVIDING MAN POWER ASSISTANCE ON WORKS CONTRACT BASIS FOR EXTERNAL PLANT MAINTENANCE WORKS IN ZONE No…...... IN

ALAPPUZHA SSA

THIS AGREEMENT IS EXECUTED ON the ………………………………………..By and in Between BHARAT SANCHAR NIGAM LIMITED (BSNL), (A Govt. of India Enterprises) a company incorporated under the companies act 1956, having its registered office at Harish Chandra Mathur Lane Janpath, New Delhi - 110 001 (hereinafter referred to as the ‘Party of First Part’ which expression shall include the legally constituted signatories, assigns, successors and officers duly empowered to execute such agreement) of the first part through its Assistant General Manager , Office of the General Manager Telecom District,BSNL, Alappuzha SSA 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 providing man power assistance and other services which are as given in Scope of work on the terms and conditions herein contained and the rates approved by the party of first part and Signature of Bidder

Whereas the party of second part has been duly accepted and necessary security deposits have been furnished in accordance with the tender document and whereas no interest will be claimed on the security deposits.

NOW THEREFORE IN CONSIDERATION OF MUTUAL COVENANTS PREMISES MADE HEREINAFTER PARTIES AGREE 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, infurtherance 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 includes the party of first part and the body corporate, its directors, share holders, promoters.

2.2.2 Party of Second Part means and includes the party of second part and its legally constituted signatories, assigns, successors; officers duly empowered to execute the agreement

2.3 Tender 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 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 Second Part make any claim Signature of Bidder

30 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 Party 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

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 Use of BSNL’s premises, trade name, goodwill etc

3.4.1 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.

3.4.2 ‘Exclusion of Party of First Part’s other premises, offices Trade name, design,copy right, 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 (Ministry of Telecommunications Compliance) 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 redressing 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 redressing 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 First Part will provide Tools and

Equipments as per the requirement and need of efficient and effective execution of assigned work. However, cable tent is to be constructed if required at the cost of the party of Second Part. Signature of Bidder

And

4.2 The Party of Second Part shall not misuse or allow to misuse 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.

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 prescribed 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 competent 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 labour 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 and interview

4.6. Reports and feed back

The 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:

The Party of Second Part undertakes;

Signature of Bidder

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

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

4.7.3. To take reasonable action as decided mutually by the parties in relation to such encroachment of property right.

4.7.4. On expiry or termination of the agreement forthwith stop the use of all property of the Party of First Part.

4.7.5 Not to lend, sell, or otherwise give away any property or information about the Party of First Part, their business secrets, plans, services, programs, materials, manuals etc. to any third party during the tenure of the agreement or even after this agreement ceases to exist.

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 subdivision 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 Payment of Wages Act 1936, The Contract Labour (R&A) Act 1970., The employees Provident Fund and Miscellaneous Provisions Act 1952, Employees State Insurance Act 1948, Workmen Compensation Act 1923, all other Acts and statutes applicable from time to time (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.

Signature of Bidder

(c) All wages and other benefits 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 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 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 in this behalf, to deduct the sum(s) incurred thereof from any amounts due to the Contractor.

4.13. Maintenance of records4.13.1.The Party of Second Part shall maintain all required records to ensure the interest of party of first part from time to time.

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

4.14. Execution of non-core activities:

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

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

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

4.15. Securities;

4.15.1. 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.

4.16. 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.

4.17. Membership, affiliations;

The Party of Second Part shall enrol 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 enrolments are for its benefits and undertakes to pay such charges /fee may be required for such enrolments.

4.18. Additional activities

Signature of Bidder

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 .

4.19. 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 time limit prescribed in the work orders.

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

4.21. 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 and deduction of Income Tax & all statuary/Govt. Taxes. The party of second part shall submit the copy of Service Tax 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 service tax in bill submitted. The party of second part shall submit the bills monthly consolidated for each Division duly signed and certified by the officer’s in-charge and Divisional Engineer for satisfactory work execution. Bills will be routed separately through the respective Divisional Engineers.

5. Article 5: CONSIDERATIONS

5.1. Monthly payment

5.1.1. The Party of First Part shall pay to the Party of second Part monthly bills. Any other demand by the party of second Part shall not be entertained by the Party of first Part

5.1.2. The 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 on production of proof of payment.

5.2. Taxes /duties

Any 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.

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

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: LIMITATION OF AGREEMENT

7.1. Trademarks, trade names and trade secrets

Signature of Bidder

7.1.1. 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.

7.1.2. The Party of second Part shall not claim any ownership right on premises as it shall be property 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.

7.1.3. 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, tradename and trade-style other then the subject matter of the agreement.

7.1.4. 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.

7.1.5 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.

7.2. No ‘Agency’

7.2.1. 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.

7.2.2. 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 settled by the Party of Second Part itself. The Party of First Part shall not be responsible for the same in any circumstances.

8. Article 8: INSURANCEThe 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.

9. Article 9: TENURE AND RENEWAL OF THE AGREEMENT

9.1. Tenure

The tenure of this agreement shall expire under specifically agreed circumstances only.

9.1.1. Both 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.

9.1.2. The 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.

9.2. 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 Signature of Bidder

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:

9.2.1. Default or failure by the party of second part of any of the obligations of theparty 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 beunsatisfactory by the competent authority in BSNL

(b) Abandonment of the works or any part thereof;

(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 15 (fifteen) days of issue of LOI by the party of the first part. (f) Failure to execute the agreement in terms of the Form of Contract forming part of the tender within 15 (fifteen) days of issue of LOI from the BSNL;

9.2.2.If the party of second part is incapable of carrying out the work;

9.2.3. If the party of second part misconducts himself in any manner;

9.2.4. 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;

9.2.5 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;

9.2.6. Distress, execution, or other legal process being levied on or upon any of the party of second part 's goods and/ or assets;

9.2.7. Death of the party of second part;

9.2.8. 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;

9.2.9. 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 money or in any other form) to any employee or agent of the BSNL;

9.2.10. 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

9.2.11. The decision of General Manager Telecom BSNL, Alappuzha, as to whether any of the events/ contingencies mentioned in above Clauses, entitling the BSNL to terminate the Contract, Signature of Bidder

37 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.

9.3. The authority of premises shall stand terminated in the following events

9.3.1. Upon the expiry of the contracted period

9.3.2. Upon occurrences of instances mentioned in clause above

9.3.3. Upon mutual consent of the parties before the expiry of the period.

10. Article 10: INDEMINIFICATION

10.1. Loses and damages

10.1.1. The Party of Second Part and the indemnifiers are jointly and severally responsible for all losses and damages to third person, originating in or connected with the conduct of the Party of Second Part and for all claims such as demand for damages to properties or for injury, illness, or death of persons directly or indirectly resulting there from. The party of the second part and indemnifier agree to defend, indemnify and save the Party of First Part from any harm with respect to any such claims, losses and damages resulting from the negligence of the Party of second Part, its employees or agents after signing the agreement.

10.1.2. The Party of first part is 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.

11. Article 11: 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.

Signature of Bidder

12. Article 12: DEFAULTS

12.1. 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.

12.1.1. In case of appointment of Sub- ‘Agency’ by Party of Second Part, in contravention of the spirit and intention of the agreement.

12.1.2. Using the recourses dedicated under this agreement for the purpose outside the purview of this agreement.

12.1.3. In case any of the condition and requirements mentioned in the tender 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.

12.2. 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.

12.2.1 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.

12.2.2. The party of the first part also reserves the right to monitor the provisions of services 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.

13. Article 13: EFFECT OF REDRAFTING/RE-EXECUTION

13.1. 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.

13.2. 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.

13.3. Lien and damages;

Signature of Bidder

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.

14. Article 14: MISCELLANEOUS /GENERAL CONDITION

14.1. 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.

14.2. 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. Signed tender document shall also form part of this agreement.

14.3. Non-waiver

The failure of the Party of First Part to exercise any right, power or option given to it here under 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.

14.4. Governing laws

The agreement shall be governed and construed in accordance with the laws of Republic of India.

14.5. Applicable laws

This agreement including any mater relating thereto arising after its expiry or termination shall be governed by the laws of Indian union.

14.6. Severability

If any provision of this agreement is held invalid by the court decree the remainder of this agreement shall not be invalidated.

14.7. 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.

Signature of Bidder

14.8. Notices

Any notice to be given hereunder shall be in writing and shall be deemed to have been duly served after five days of the date of despatch if sent 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

Of party of second part

14.9. Force majeure clause;

14.9.1. 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.

14.9.2. 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.

14.9.3. 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 suspend the parties obligations with respect to circumstances affected by the force majeure

Signature of Bidder

14.10. The Party of First Part shall not be responsible under any circumstances to pay any compensation and / or damages or losses incurred by the Party of Second Part.

15. Article 15: Arbitration and jurisdiction

15.1. In the event of any question, dispute or difference arising under this agreement or inconnection 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 overnment Servant or that he has to deal with the matter to which the agreement relates or that inthe course of his duties as a Government Servant he has xpressed 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 hatsoever, 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.

15.2. 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, Arbitration and Conciliation Act, 1996 and the rules made there under, any modification thereof for the time being in force shall be deemed to apply to the arbitration proceeding under this clause.

15.3. The venue of the arbitration proceeding shall be at such places as the arbitrator may decide.

This agreement consisting …….articles was 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 2015 at

Agreed and accepted

Signatures of Witnesses of parties are;

By Party of first part Party of second part

Through authorized signatory Through authorized signatory

Witnesses with Name, Adress and Signature.

1. 1.

2. 2.

Signature of Bidder

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...... dated...... 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 Alappuzha through GMTD, BSNL, Alappuzha whereby BSNL has agreed to appoint CONTRACTORs for assisting BSNL for providing services on the terms and conditions exclusively mentioned therein for Zone ….. in Alappuzha SSA.It has been agreed between the parties that a Bank Guarantee equivalent to 5% of the contract amount 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 the request 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 18 months from the date of commencement of the agreement or the term of this guarantee whichever is later. But if the Signature of Bidder

43 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...... only) on the last day on which the Bank Guarantee is due to expire.

6. Notwithstanding anything herein contained;

The liability of the Bank under this guarantee is restricted to Rs. /- (Rs......

...... only)and it will remain in force for a period of 18 months 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 ______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

Signature of Bidder

ANNEXURE-I

ASSESSMENT OF MAN POWER ASSISTANCE FOR VARIOUS ZONES IN ALAPPUZHA SSA

Approximate Approximate requirement of requirement of man power for man power for external plant cable retrieval Zone DIVISION SUB.DIVISION maintenance and allied works

ZONE I DET ALP Alapuzha (Extl) Alappuzha OCB 5

Alappuzha RLU 3

Kainakary

Nedumudy

Nedumudy Champakkulam

Punnapra Kalarcode Kalarcode 9

Pathirappally

Mannancherry

Pathirapally Kaichoondy 7

DIVISION TOTAL = 34 24 10

DET AMZ Ambalappuzha

Medical Collage

Thakazhy

Ambalapuzha Thottappally 6

Edathua

Muttar 12 Edathua 5

Neelamperur

Veliyanadu

Pulinkunnu

Pulincunnu Kavalam 6

DIVISION TOTAL = 29 17 12

Zone total -63 41 22

Signature of Bidder

ZONE DET Cherthala II CTL

Cherthala Alunkal DLC 7

Arthunkal

SL Puram

Thanneermukkom

Kalavoor DLC

S L Puram Muhamma DLC 7

Aroor

Chandiroor

Vaduthala DLC

Aroor Perumbalam 5

Kuthiathodu

Thuravoor DLC

Kuthiathode Pattanakkadu 5

Panavally

Thycattussery 6

Thycattussery Pallippuram

30 10

ZONE TOTAL =40

Signature of Bidder

Z ONE DET HPD Haripad Harippad 5 III

NTPC DLC

Karthikappally

Thrikkunnappuzha

Arattupuzha 8 Muthukulam Muthukulam 10

Karuvatta

Pallippad

Veeyapuram

Thamallackal DLC

Pallipad Muttom 5

DIVISION TOTAL= 28 20 8

Kayamkulam

Kayamkulam 5 Puthuppally DLC

Valanjanadakkavu DLC

DET KYK Pullukulangara

Krishnapuram Pullukulangara 5 13 Kattanam

Kattanam Vallikunnam 6

Nooranad Nooranad 3

Palamel

Thamarakkulam Palamel 4

DIVISION TOTAL = 36 23 13

43 21

ZONE TOTAL = 64

Signature of Bidder

ZONE DET MVK Mavelikkara IV

Mavelikara Extl. Karippuzha DLC 9

Olaketty DLC

Thonnakkad DLC

Chennithala Chennithala 4

Chettikulangara

Pathiyoor Chettikulangara 4

Thekkekkara

Mankankuzhy 9 Mankankuzhy

Chunakkara

Edappon 6

DIVISION TOTAL = 32 23 9

DET CGR Chengannur Extl. Chengannur

Thiruvanvandoor

Budhanur

Puliyoor DLC

Budhanur Mithramadom DLC 3

Pandanadu DLC 5

Kollakadavu

Punthala

Kollakadavu Venmany 5

Mulakkuzha

Cherianad Karakkad

Cherianad 6

Mannar Mannar 4

DIVISION TOTAL =28 23 5

Signature of Bidder

ZONE TOTAL = 60 46

SSA TOTAL = 227 160 67

Note:-The quantum of manpower requirement is only approximate and the General Manager Telecom District, BSNL, Alappuzha reserves the right to decrease or increase the same to the extent of + 10% of the total requirement, according to the quantum of work required to be executed.

Signature of Bidder

ANNEXURE II

BID COST AND EMD RATE FOR EACH ZONE

Sl. No. Total cost Cost of Tender EMD Form Zone (In Rs.) (In Rs.) (In Rs.)

1 Zone I

Rs.2000+5% tax DE Extnl, Alappuzha 1,16,00,000/- 2,32,000/- =2100/- DET,Ambalapuzha

Zone II, Rs.1000+5% tax 2 1,47,000/- =1050/- DET Cherthala 7350000

Zone III

3 Rs.2000+5% tax DET,Harippadu 2,35,000/- =2100/- DET,Kayamkulam 1,17,50,000/-

4 Zone IV Rs.2000+5% tax DET,Mavelikkara 2,20,000/- =2100/- DET,Chengannoor 1,10,00,000/-

Signature of Bidder

ANNEXURE III

MANDATE FORM FOR TRANSFER OF PAYMENT THROUGH ELECTRONIC CLEARANCE/ELECTRONIC FUND TRANSFER

The General Manager Telecom District,

BSNL, Alappuzha.

Sir,

Kindly pay any amount due to me/us to my/our Bank account as detailed below either by Electronic Clearance/Electronic Fund Transfer mode and oblige.

1. Name of the Bidder :

2. Adress of the bidder:

3. Name of the Bank :

4. Name of the Branch :

5. Nature of Account :

6. Account Number :

7. Bank Code (IFS Code) :

Date: Signature of Bidder

(To be filled in by the Bank Authorities)

The information furnished above is correct as per our records.

Date: Signature of Manager with Bank Seal.

(Tel. No…………………………….)

Signed and understood by me/us Signature of contractor

Signature of Bidder

FINANCIAL BID

Tender: G-65/GNL/MPA/2016-1701 . Dated at Alappuzha,the ...... 14/01/2017......

RATE SCHEDULE FOR ZONE NO…………………..

i.Name and address of the bidder :

ii. EPF Registration No.

iii. ESI Registration No.

iv. Service Tax Registration No.

1 Wages inclusive of **VDA per unit per labourer Rs.477.65 ***Skilled -(Rs.351/-+ Rs.126.65/**- ) for 8 hours duty

***Semi Skilled –Rs.343/-+ Rs. 469.65 Rs.126.65**) for eight hours duty

2 Employer Contribution EPF @13.36% of Rs. As applicable

3 Employer Contribution ESI @4.75% As applicable of Rs.

4 Service Charges (to be quoted by the bidder) per person per i. In figures: Rs…………….. working day per 8 hr. Duty. ii.In words : Rs. ………………………………… (Please see Note2 page 52 of tender ) ……………………………………………………..

** VDA As applicable as per the order issued by the Dept. of Economics and Statistics, Govt. Of Kerala from time to time.

Signature of Bidder

*** Categorisation (skilled/semi skilled) is subject to variation and will be made in terms of CGMT, Tvm Kerala Order No. Genl./200-1/2014/26 dated the 6th June 2016 or as per the order/amendment issued by the competent authority from time to time.

Note :1 Payment will be as per the rate fixed by BSNL and subject to revision according to clarification/direction issued by Competent authority. Additional liability on account of revision in future will be borne by BSNL on production of proof of payment.

2. Service charge quoted is inclusive of all other charges and levies, Taxes, excluding service Tax and Cess which shall be paid extra at the applicable rate.if service tax registration details are produced.

3. Any other payments like Bonus etc. Also to be borne by the bidder only. The bidder may properly account for the above while quoting the Service Charges. No additional payments over and above the tender approved rates will be made by BSNL under any circumstances.

Signature of the Tenderer:

Name & address:

Signature of Bidder