Bharat Sanchar Nigam Ltd. (A Govt. of Enterprise) OFFICE OF THE TELECOM DISTRICT MANAGER MADHUBANI-847211

BID DOCUMENT

Tender Document for Up Keeping of BTS/RSU in MADHUBANI T D

TDR-01/TDM/MDN/BTS-RSU UPKEEPING/15-16 Dated: 07.08.2015

COST OF FORM Rs.1000+ VAT

LAST DATE & TIME OF Sale of Tender Form : 27.08.2015 UP TO 17.00 HRS.

DATE & TIME OF SUBMISSION OF TENDER : 29.08.2015 UP TO 14.00 HRS.

DATE & TIME OF OPENING OF TENDER : 29.08.2015 at 15.00 HRS.

Tender Form Sl. NO: CR NO Dated Name of Tenderer:

DE (Planning) O/o TDM, MADHUBANI

1 Signature of Tenderer with Date & Seal

Section-I

Bharat Sanchar Nigam Ltd. (A Govt. of India Enterprise) OFFICE OF THE TELECOM DISTRICT MANAGER MADHUBANI-847211

TDR-01/TDM/MDN/BTS-RSU UPKEEPING/15-16 Dated: 07.08.2015

TENDER NOTICE

Properly Sealed tenders are invited for and on behalf of the CMD Bharat Sanchar Nigam Limited, by Telecom District Manager, Madhubani for Up keeping of BTS/RSU in Madhubani Telecom District (Section Wise). The details of the work and other instructions are given in the tender document.

DATE OF Estimate Section DESCRIPTION EMD RECEIPT DATE OF d Cost OF OPENING OF TENDER TENDER Up Keeping of BTS/RSU 1 Infrastructure including DG Set Rs. 29.08.2015 29.08.2015 (Benipatti, & ACs running, cleaning of 1734000/ Rs. 43350/- Up to 14:00 at Jaynagar & Equipment room, Diesel filling & - hrs 15:00 hrs Jhanjharpur) General Watch & Ward

Up Keeping of BTS/RSU Infrastructure including DG Set & ACs running, cleaning of 2 29.08.2015 29.08.2015 Rs (Madhubani & Equipment room, Diesel filling & Rs. 35700/- Up to 14:00 at 1428000 Phulparas) General Watch & Ward hrs 15:00 hrs

1. The tender form is not transferable. 2. Tender form can be obtained on payment of Rs.1000+ VAT in cash to Accounts Officer (Cash) O/o TDM, Madhubani up to 17:00 Hrs of dated 27.08.2015. 3. Cost of tender form Rs. 1135/-. If you are downloading the tender document from web site (www.tender.bsnl.co.in) you are requested to enclose separate DD of Rs. 1135 /- drawn in the favour of “AO (Cash), O/o TDM, Madhubani” along with tender document otherwise tender shall be rejected. 4. If at any stage of the tendering process it is found that the downloaded document has been altered / manipulated, the bid shall stand cancelled and EMD shall be forfeited. Tender document should be submitted in person or through an authorized representative .Document should not be accepted by post or currier. 5. Exemption from tender document cost and EMD to NSIC registered firms shall be applicable as per rule.

2 Signature of Tenderer with Date & Seal 6. Eligibility Conditions The firm should have an experience of at least ONE YEAR for successful execution of above or similar Job for minimum 35% of the estimated cost. Details of work performed along with certificate of the company for successful execution of work in preceding any of the three years is a mandatory requirement as a proof for experience. Bids without experience certificate shall be rejected. a. The Annual Turn Over of the firm should be at least for 150% of the estimated cost or above. A certificate from a registered Charted Accountant or from Sale Tax/Trade Tax in this regard shall be required to be submitted along with bid. Bids without due certificate shall be liable for rejection. b. The prospective bidder should have valid Service tax/Trade registration with government. c. All the document must be self-attested.

7. EMD in Cash or DD from nationalized bank as above in favour of “Accounts Officer (Cash) O/o TDM, Madhubani along with the tender form towards EMD. Tender without EMD will be rejected. 8. Latest Service Tax Registration, PAN Card, EPF registration. 9. The Contractor shall fulfill the legal requirement of obtaining License under the contract Labour (Regulation & Abolition) Act. The contractor should submit the Contract License issued by the Labour Commissioner/Assistant labour Commissioner, under Contract Labour (R&A) Act (at the time of agreement). 10. On taking over the responsibility, the Contractor shall formulate the mechanism and duty assignment of personnel in consultation with the TDM Madhubani or officers designated by him. Subsequently, the Contractor shall review arrangement from time to time and appraise the TDM MADHUBANI about the additional measures of further streamlining the system. The contractor shall further be bound by and Carry out the directions given by the TDM MADHUBANI or the officer designated by him in this respect from time to time. 11. It will be the responsibility of the contractor to meet other transportation, food, medical and any other requirement of contractor’s manpower for carrying out the contract works. TDM MADHUBANI will have no liability in this regard at any stage. 12. For all intent and purpose, the contractor shall be the ‘Employer’ within the meaning of different Labour Legislations in respect of manpower deployed for contractual services. 13. The manpower deployed by the contractor shall not have any claims of Master and Servant relationship vis a vis BSNL MADHUBANI nor have any principal and agent relationship with or against the BSNL MADHUBANI. 14. The man power deployed by the contractor for the contract shall not be entitled for claim, pay, perks and other facilities which may be admissible to casual, ad-hoc, regular/confirmed manpower of the BSNL MADHUBANI during the currency or after expiry of the contract. In case of termination of the contract also, the persons deployed by the contractor shall not be entitled to or and will have any claim for absorption or relaxation for absorption in the regular/ otherwise capacity in the BSNL MADHUBANI. Contractor should make it known the above to the manpower of the contractor. 15. The contractor shall be solely responsible for redressal of grievances/ resolution of disputes relating to the manpower deployed. 16. BSNL MADHUBANI shall not be responsible for any damages, losses, claims, financial or other injury to any person deployed by the contractor during the course of their execution of services, or for payment towards any compensation. 17. The contractor will be required to pay minimum wages as prescribed under the minimum wages by the competent authority. The contractor will maintain proper record as required under the law/ acts. The contract will remain valid for one year or the period specifying in the letter communicating the acceptance, whichever is earlier, unless terminated earlier by TDM MADHUBANI . 18. The Contractor shall take all-reasonable precautions to prevent any unlawful riots or disorderly conduct or acts of his employees so deployed for the preservation of peace and protection of persons and property of BSNL MADHUBANI . 19. The Contractor shall communicate to the TDM BSNL MADHUBANI the name, residential address, age, etc. of each of the persons deployed by him. For the purpose of proper identification of the personnel of the

3 Signature of Tenderer with Date & Seal contractor, Contractor shall issue identity cards and the said personnel shall be duty-bound to display them at the time of duty. 20. The persons deployed by the contractor must be courteous and should bear a good conduct/ moral character. Such person should not have any past criminal record. The persons should preferably be young, energetic and possess a good health and sound mind. On any case such person must be free from all contagious diseases. No Labour below the age of 18 years shall be employed /arranged for the work by the contractor at the BSNL MADHUBANI . The candidates should preferably be under 35 years of age. 21. In case any of the persons deployed by the contractor does not come up to the mark or does not perform his duties properly or indulges in any unlawful acts or disorderly conducts, the contractor shall take suitable action against such employee on the report of the BSNL MADHUBANI . The contractor shall replace the particular person so deployed on demand of the TDM BSNL MADHUBANI in case of any of the aforesaid acts on the part of the person concerned. The contractor shall ensure that all the employees get the stipulated wages determined by Minimum Wages from time to time and other benefits as are admissible under various Labour Laws and the contractor shall provide full information in respect of wages, etc., paid to his employees so employed in conformity with the provisions of contract Labour (Regulation and Abolition) Act, 1970. 22. The contractor shall be responsible for fulfilling all his obligations towards the persons deployed under the Law, namely, under the Minimum Wages Act, Contract Labour Act, Employee Provident Fund Act, ESI Act, Bonus Act, Shops & Establishment Act, etc. as applicable and amended from time to time. 23. The contractor shall conform to the provisions of Central / State Act(s) or the Regulations on the subject as well as the terms and conditions of the agreement to be executed. 24. The Contractor shall, on demand, furnish copies of wage register / muster roll etc., to the TDM BSNL MADHUBANI for having paid all the dues to the persons deployed by the contractor for the work. This obligation is imposed on the contractor to ensure that the contractor is fulfilling his commitments towards his employees so deployed under various Labour Laws, having regard to the duties of TDM BSNL MADHUBANI in this respect as per the provisions of the Contract Labour (Regulation & Abolition) Act, 1970. 25. The Contractor shall maintain all the records prescribed under the Contract Labour Regulation & Abolition) Act, 1970 and under the other related Labour regulations and furnish these for inspection when demanded by the TDM BSNL MADHUBANI or the concerned Central / State Govt./ Judicial Authorities, as the case may be. 26. The contractor shall keep the BSNL MADHUBANI indemnified against all claims whatsoever respect of the employees deployed by him. In case any employee of the contractor so deployed enters in dispute of any nature whatsoever, it will be the sole responsibility of the contractor to contest the same. In case of BSNL MADHUBANI is made a party and is supposed to contest the case, the Contractor shall reimburse to BSNL MADHUBANI the actual expenses incurred towards Counsel fee and other expenses which shall be paid in advance by the Contractor to BSNL MADHUBANI on demand. The Contractor shall ensure that no financial or any other liability comes on BSNL MADHUBANI in this respect of any nature whatsoever and shall keep BSNL MADHUBANI indemnified in this respect. 27. Income Tax at the prevailing rate and surcharge thereon will be deducted from the monthly bills of the contractor as per rules 28. The Contractor shall execute an agreement in the format prescribed, within the time stipulated by the TDM BSNL MADHUBANI . Before signing the agreement, the contractor shall deposit 10% of the annual value of contract as Security Deposit in the form of cash or bank guarantee in prescribed Performa, valid for 6 months more beyond the period of contract i.e. 18 months in case of one-year contract. The rate expressed as monthly Price for the entire scope of the contract shall remain unchanged throughout the entire period of contract. 29. The contract may be terminated by giving one-month prior notice by TDM Madhubani . Further, the contract may also be terminated on any of the following contingencies a. On the expiry of the contract period as stated above. b. On account of committing breach by the contractor of any of the terms & conditions of the Agreement.

4 Signature of Tenderer with Date & Seal c. Assigning the contract or any part thereof or any benefit or interest therein or there under by the contractor to any third person or sub-letting whole or part on the contract to any third person. d. On contractor being declared insolvent by competent court of law. 30. It shall be the duty of the contractor to remove all the persons deployed by him on termination of the contract on any ground whatsoever and ensure that no person creates any disruption/hindrance/problem of any nature to BSNL MADHUBANI. The Contractor shall immediately provide a substitute in the event of any person leaving the job due to his / her personal reasons. The delay by the Agency in providing a substitute beyond three working days shall attract liquidated damages @ Rs.200 per day (per such case) on the service providing agency, besides deduction in payment on pro-rata basis. The TDM, Madhubani reserve the right to accept or reject one or all fully or partly without assigning any reason.

D.E. (Planning) O/o TDM, Madhubani.

5 Signature of Tenderer with Date & Seal TABLE OF CONTENTS

Section Content Page No,

I Notice Inviting Bid 1-5

II Instruction Terms & Conditions 7-8

1.0 Submission of Bid 9-18 2.0 EMD & SD 3.0 Bid Validity 4.0 Payments 5.0 Award of Works 14.0 Labour Welfare & compensations 15.0 Declaration reg. No Relative in BSNL

16.0 Penalty Clause 19.0 Dispute Settlement & Arbitration

III Formats for Bidders 19-21 a. Profile for Bidders b. Letter for Submission of Bid c. Letter of Authorization

Annexure-A Scope of work (BTS/RSU) 22

Declaration Reg. Non Relative Performa 23

Section-IV Price Schedule 24 Section- V Details of Site 25 Section- VI Agreement 26-29 Section- VII Financial-bid 30 Annexure-B Price Bid 31

6 Signature of Tenderer with Date & Seal Section-II

INSTRUCTIONS, TERMS AND CONDITIONS

1) Tenders are invited on behalf of BSNL by TDM, Madhubani for Up Keeping of. BTS/RSU in different SDCAs in Madhubani T D (section wise) 2) Estimated Cost - The estimated cost of the tender is for one year as per NIT. 3) Duration of Contract: - The total contract shall be for the one-year period from acceptance of Contract and Agreement. However the performance shall be observed for the period of initial two months and if found satisfactory the contract shall be continued for the remaining period. The TDM Madhubani reserves the rights to extend the tender for next three months unilaterally and upto two year on mutual consent at the same rate, terms and condition. The estimated cost will increase accordingly.

4) Submission procedure:- Following documents is to be submitted along with the tender. a. Tender form duly signed all pages with seal. b. Registration certificate of firm under shop act/any govt. organization. c. Income Tax PAN Card d. EMD receipt / DD as per NIT e. Affidavit for no near relative working in BSNL (in given format) f. Affidavit for non blacklisting/ debar in BSNL. g. Price bid contain the “Rate Quoted in ANNEXURE-B’ h. Service Tax registration. i. The contractor shall obtain a valid labor license under the contractor labor (R&A) Act 1970 and the contractor labor (Regulation and abolition) central Rules1971, and submit it within one month after agreement if applicable, Otherwise he has to submit an affidavit of not applicable on a non judicial stamp of Rs. 20/- only. The contractor should continue to have a valid license until the completion the work; the contractor shall also abide by the provision the Child labor (Prohibited & Regulation) Act 1986. j. Successful bidder will also submit EPF registration and ESI registration at the time of agreement if applicable. Otherwise he has to submit an affidavit of not applicable on a non judicial stamp of Rs. 20/- only. k. Experience as per NIT. l. Attested copy of Power of Attorney/Authority Letter to sign the Tender Document submission of Power of attorney. Authorization should be from original bidder and not from any agent.

An envelopes sealed properly and super scribed as “Tender for Up keeping of BTS/RSU in Madhubani TD” for ZONE – 1 or 2 (what the case may be) and Address to D.E. (Planning), O/o TDM, Madhubani. Tender form in all respect should reach on due date and time as per NIT.

5) Quotation: Please quote your rates for managing BTS/RSU Up Keeping in Madhubani TD, on the tender terms and conditions and as per detailed given in the tender document. The quoted rates should be on monthly basis.

6) Tender form without required documents is likely to be rejected and no communication will be entertained in this regard.

7) Income Tax as per rules will be deducted from your bill.

7 Signature of Tenderer with Date & Seal 8) All documents related to Labour License (within one month after agreement), EPF/ESI Registration, and Identity proof of Labour & Proposed placement of Labours by Contractor must be submitted before signing the Agreement. If the Contractor fails to submit the above documents as required as in tender, a Notice must be issued giving time for completion of above documents. If he fails to submit these documents in spite of the Notice, the action for termination of tender & re-floating of the tender should be taken.

9) As per the provision of the Minimum Wages Act, Contractor has to make Salary Payment maximum up to 10th day of the next month for preceding month by cheque/Cash under the presence of the concerned field officer & submit the Record of Payment’s receipt & Attendance sheet duly verified by concerned SDE, along with proof of EPF/ESI subscription to DE (Plg) of this office. If he fails to submit the above record, DE (Plg) should issue a Notice to the Contractor to ensure timely receipt of above documents.

10) In case of any dispute or confusion regarding EPF/ESI for Labour License, the concerning website or Local offices of the EPF/ESI or Labour Deptt. may be consulted for clarification.

8 Signature of Tenderer with Date & Seal

Instructions and General Guidelines to Bidder

1.0 Submission of Bid.

1.1 The Bid is to be submitted in wax sealed envelope or sealed with adhesive tape as per details given below: 1.2 The 1st Envelope is marked with “Technical Bid” and contains the following items:

(i) EMD (Cash Receipt or Demand Draft) as per NIT (ii) Bid Document with signature & seal of the Bidder on each page (iii) Clause by clause compliance of the bid conditions in prescribed format for the clauses, defined in various Sections of the bid document - duly signed by bidder Or his/her authorized representative (iv) Self Attested Copies of Partnership deed, in case of partnership firm. (v) Original power of attorney in case person other than the Bidder signs the Bid document. (vi) Requisite experience certificates as per eligibility criteria in Prescribed in NIT 1.3 The 2nd Envelope marked with “Financial Bid” and containing the “Price Bid” . 1.4 The two envelopes with clear marking of ‘Technical Bid’ and ‘Financial Bid’ are to be placed inside an ‘Outer Envelope’ and properly sealed (sealed with WAX or with adhesive tape). The Bids received in covers not properly sealed (sealed with WAX or with adhesive tape) shall not be opened or considered. 1.5 The Outer Envelope should bear the following: “Bid for Up-keep of BTS-RSU in Madhubani T D Section- ” Bid No TDR-01/TDM/MDN/BTS-RSU UPKEEPING/15-16 Dated: 07.08.2015

The full name and address of the Bidder should be written on the bottom left corner of each of the envelope i.e., Technical Bid, Financial Bid and Outer Envelope. 1.6 Bids are to be submitted in person, in the Tender Box placed in the O/o TDM, MADHUBANI 1.7 Bids will not be accepted through any posts.

1.8 The Bidder or his authorized signatory should certify and affix his signature and firm’s seal on each & every page of the Bid Document on the place specified and returns it in original along with his offer, as a token of his acceptance of each of the condition specified in the Bid document.

1.9 In case of any deviation / change in originally submitted bid document, post facto offer submitted shall be liable for rejection.

1.10 Technical & Financials Bids should be placed in separate envelope with clear marking. Financial Bid shall be opened only for the bidders who are found successful in technical bid evaluation. 1.11 Sites may be changed as per actual requirement. TDM Madhubani reserves the right to change any site at any time.

2.0 EMD: EMD should be in the form of Demand Draft in favor of A.O. (Cash) O/o TDM, BSNL Madhubani issued by any scheduled Bank payable at Madhubani or original cash receipt issued by the Accounts Officer (Cash), BSNL O/o TDM Madhubani . The tenders not having prescribed earnest money will not be considered and shall be summarily rejected. If Tender form downloaded from the website www.tender.bsnl.co.in bidder should enclosed the DD of cost of tender form in favour of “Accounts Officer (Cash) O/o TDM, BSNL Madhubani ” separately payable at Madhubani with the tender form. Any tender form without EMD will not be considered EMD will not carry any interest. i EMD REFUND: The EMD will be refunded without interest to the unsuccessful tenderer after the tender awarded to the successful tenderer.

9 Signature of Tenderer with Date & Seal ii The tender(s) will be accepted on due date and time as per NIT and will be opened on same day at due time in the chamber of Divisional Engineer (C&O), O/o TDM, Madhubani in the presence of the tenderer (s) or their representatives whoever are present at that time. The original EMD receipt and other necessary documents to be submitted will also be checked. No tender (s) will be accepted after prescribed date and time limit. iii SECURITY DEPOSIT: The successful tenderer will have to furnish security deposit 10% of the annual value of contract in the form Cash/DD or bank guarantee from any nationalized bank after the acceptance of the tender. The security deposit will have to be submit within 7 (seven) days from the date of acceptance of the tender. The EMD of successful bidder will be adjusted in security deposit. iv Security Deposit refund: The security will be valid for a period of 18 months .It will be released without interest after three months of expiry and finalization of contract, satisfactory completion of work & all transactions. No interest shall be paid by TDM, BSNL on this amount. v Failure to pay security deposit within 7 (seven) days will result in forfeiture of EMD unilaterally without any further correspondence. vi Failure to execute the work will result in forfeiture of Security Deposit without prejudice to any other rights or remedies of the Bharat Sanchar Nigam Limited. vii The complete tender form shall be submitted duly signed on each page along with required documents in wax sealed cover.

3.0 BIDDING PROCESS & ITS EVALUATION:

3.1 There will be two stage biddings. Technical bids shall be opened first and bidders who are found eligible in technical bid evaluation shall be considered for opening of their financial bids. It may not be necessary that financial bid is opened on the same date. The date and time for opening of financial bid (if opened on a different date) shall be communicated to all those bidders who are found eligible in technical bid evaluation. 3.2 Selection of the bidder shall be done based on their price ranking arrived in financial evaluation of the bid.

4.0 Payment: - a. After successful execution of works as per agreement, payments shall be made on monthly basis. b. Bills duly certified by the SDE concerned or any other designated Officer of equivalent level by T D Head duly countersigned by their controlling officers, in charge of operation and maintenance of Mobile BTS/Exch is to be submitted in duplicate copies to the SDE (Planning) O/o TDM,Madhubani for processing them further for payments. c. Necessary deductions of the duties and Taxes as per prevailing rules of Government of India shall be made from the bills while making payments d. Further deduction of penalty, if any, shall also be made from the bills. e. Payments shall be released only after approval of TDM Madhubani. 5 AWARD OF WORK Work shall be awarded to successful bidder after signing of agreement and depositing of performance security amount, as indicated in LOI. The award of work shall be done broadly as per details below, 5.1 Damage/Loss of Property:- If damage/loss of any equipment or installations at the premise of BSNL BTS/RSU site is done by contractor’s representative due to improper handling or negligence, the cost towards recovery of the said equipment/installations & loss of revenue (if any), due to non-operation of damaged/lost equipment/installations shall be borne by the contractor. 6. The Contractor shall not engage any BSNL employee (Regular/Casual) for getting his job executed. If at any stage it is found doing so, then the TDM, MADHUBANI has the right to impose any suitable penalty even to the extent of termination of the contract leading to the forfeiture of security money.

10 Signature of Tenderer with Date & Seal 7. The BSNL shall not take any responsibility of providing any facility to the persons employed by the contractor. BSNL shall not supply any support material for the livelihood of person employed at the stations, except those required for day-to-day operation & up-keep of station. 8. The bidder shall be responsible for the safety & security of their employees and also the equipment installed at the station. In case of any damages to BSNL property the same shall be charged as per penalty conditioned defined in penalty clause. 9. In case of non or partial/ unsatisfactory performance of the work, BSNL reserves the right to carry out any work in part of full through department or through any other contractor/agency. Expenditure if any, towards execution of such work shall be recovered from contractor. 10. Workmen’s Quality/Skills & Team formation: 10.1 Contractor shall deploy skilled or semiskilled work force having basic knowledge of operations of DG sets (15 KVA & above capacity) and Air-conditioners (both Window and split) and should be capable of maintaining a logbook as per requirement at the site. 11. There shall be proper supervisory control over the different teams deployed by the Contractor. The Contact details of supervisors (mobile number and address of work place & residence etc) need to be supplied at the time of agreement. It shall be desirable to deploy supervisors having diploma degrees in Electrical/Electronic Engineering. 12. It shall be responsibility of the supervisor to send weekly schedule for deployment of work force to the respective BSNL site in charges, before deploying them actually at any site. Sites getting unattended due to non-availability of work force shall amount non performance of job and due penalties shall be levied as per penalty clause

13. Contractor’s representative at site shall be responsible for reporting of any fault or untoward activity or malfunctioning of any equipment to BSNL site in charge, as far as possible immediately, but not exceeding two hours in any case. The details of procedure for escalation of various nature of faults/ problems shall be given by BSNL at the time of agreement of contract.

14. Labour Welfare & Compensations:

14.1 Contractor shall be responsible for all the claims of the persons engaged by him for upkeep and operations at BTS/RSUs including their registrations with nearest labour office (if required as per law) and insurance in accordance with norms of Government of India in this regard. BSNL shall not be responsible for any claims on this matter during and after contract period. 14.2 Contractor shall be solely responsible for following all provisions of labour laws and compensation in this regard if any due to not following of certain provisions of the labour laws, shall be paid by the contractor. BSNL shall not be responsible in this regard.

14.3 Any failure to fulfill the requirement shall attract the penal provisions of this contract arising out of the resultant non-execution of the work. 14.4 No labour / Person below the age of eighteen years shall be employed on the work.

EPF PROVISIONS The agency has to comply with the provisions of EPF and miscellaneous provisions ACT 1952 and employees provident fund scheme - 1952 as amended up to dated in respect of labours / employees engaged by them for this work. Any consequence arising due to non-complying of provisions as specified above shall be the sole responsibility of the firm only.

14.5 The contractor shall implement the labour welfare measures enunciated in clause of the conditions contract & other Labour laws issued time to time by Govt. 14.6 The contractor shall also follow the safety methods enunciated in the CPWD safety code.

14.7 The contractor shall comply with all the provisions of the Minimum Wages Act, 1948, Contract Labour (R &

11 Signature of Tenderer with Date & Seal A) Act, 1970 and rules framed and other labour laws affecting contract labour that may be brought into force from time to time.

14.8 Even during the arbitration the work cannot be stayed because it pertains to the essential public utility service the department reserves the right to get the work completed either departmentally or through any other contractor at the risk and cost of contractor.

14.9 If the contractor refuses for executing any specified work, the department reserves the right to get the work done by other agencies even at higher rates and the difference of the cost will also be deducted from the contractors pending bills or security money as the case may be.

15 Labour records

15.1.1 The contractor shall maintain a Register of Persons employed on work on contract in Form XIII of the Contract Labor (R&A) Central Rules 1971. 15.1.2 The contractor shall maintain a Muster Roll register in respect of all workmen employed by him on the work under Contract in Form XVI of the CL (R&A) Rules 1971. 15.1.3 The contractor shall maintain a Wage Register in respect of all workmen employed by him on the work under contract in Form XVII of the CL (R&A) Rules 1971. 15.1.4 Register of accident - The contractor shall maintain a register of accidents in such form as may be convenient at the work place but the same shall include the following particular’s: a) Full particulars of the laborers who met with accident. b) Rate of wages. c) Sex d) Age e) Nature of accident and cause of accident f) Time and date of accident g) Date and time when admitted in hospital h) Date of discharge from the hospital i) Period of treatment and result of treatment j) Percentage of loss of earning capacity and disability as assessed by Medical officer k) Claim required to be paid under Workmen’s Compensation Act. l) Date of payment of compensation m) Amount paid with details of the person to whom the same was paid n) Authority by whom the compensation was assessed o) Remarks. 15.1.5 The contractor shall maintain a Register of Fines in the Form XII of the CL (R&A) Rules 1971 The contractor shall display in a good condition and in a conspicuous place of work the approved list of acts and omission for which fines can be imposed. 15.1.6 The contractor shall maintain a Register of deductions for damage or loss in Form XX of the CL (R&A) Rules 1971 15.1.7 The contractor shall maintain a Register of Advances in Form XXIII of the CL (R&A) Rues 1971. 15.1.8 The contractor shall maintain Register of Overtime in Form XXIII of CL (R&A) Rules 1971. 15.2 Attendance card-cum wage slip 15.2.1 The contractor shall issue an Attendance card cum wage slip to each workman employed by him 15.2.2 The card shall be valid for each wage period. 15.2.3 The contractor shall mark the attendance of each workman on the card twice each day, once at the commencement of the day and again after the rest interval, before he actually starts work. 15.2.4 The card shall remain in possession of the worker during the wage period under reference. 15.2.5 . The contractor shall complete the wage slip portion on the reverse of the card at least a day prior to the disbursement of wages in respect of the wage period under reference.

12 Signature of Tenderer with Date & Seal 15.2.6 The contractor shall obtain the signature or thumb impression of the worker on the wage slip at the time of disbursement of wages and retain the card with him 15.3 Employment card The contractor shall issue an Employment card in the Form XIV of CL (R&A) Central Rules 1971 to each worker within three days of the employment of the worker 15.4 Service certificate On termination of employment for any reason whatsoever the contractor shall issue to the workmen whose services have been terminated, a Service Certificate in the Form XV of the CL (R&A) Central Rules 1971. 15.5 Preservation of labor records The labor records and records of Fines and deductions shall be preserved in original for a period of three years form the date of last entries of last entries made in them and shall be made available for inspection by the Engineer-in-Charge or labor Officer or any other officers authorized by the Ministry of Communication in this behalf. 15.6 Power of labor officer to make investigations or enquiry The labor officer or any person authorized by the Central BSNL on their behalf shall have power to make enquiry with a view to ascertaining and enforcing due and proper observance of Fair Wage Clauses and provisions of these Regulations. He shall investigate into any complaint regarding the default made by the contractor in regard to such provision.

15.7 Report of Investing officer and action thereon He labor Officer or other persons authorized as aforesaid shall submit a report of result of his investigation or enquiry to the Engineer in-charge indicating the extent, if any , to which the default has been committed with a note that necessary deductions from the contractor’s bill be made and the wages and other dues be paid to the laborers concerned. The Engineer in-charge shall arrange payments to the labor concerned within 45 days from the receipt of the report from the Labor Officer or the authorized officer as the case may be. 15.8 Inspection of Books And Slips The contractor shall allow inspection of all the prescribed labor records to any of his workers or to his agent at a convenient time and place after due notice is received or to the Labor Officer or any other person, authorized by the Central BSNL on his behalf.

15.9 Submission of Returns The contractor shall submit periodical returns as may be specified from time to time.

15.10 Amendments The Central BSNL may from time to time add to or amend the regulations and on any question as to the application/interpretation or effect of those regulations.

15.11 INSURANCE:

15.11.1 Without limiting any of his other obligations or liabilities, the contractor shall, at his won expenses, take and keep comprehensive insurance including third party risk for the plant, machinery, men , materials etc. brought to the site and for all he work during the execution. The contractor shall also take out workmen’s compensations insurance as required by law and under take out indemnify and keep indemnified the BSNL from and against all manner of claims and demands and losses and damages and cost (including between attorney and client) charges and expenses that may. arise in regard the same or that the BSNL may suffer or incur with respect to end/or incidental to the same. The contractor shall have to furnish originals and/ or attested copies as required by the BSNL of the policies of insurance taken within 15 fifteen) days of being called upon to do so together with all premium receipts and other papers related there to which the BSNL may require.

13 Signature of Tenderer with Date & Seal 15.11.2 EPF:-. As per the Corporate office letter no. 500-85/2004-CAII/BSNL dated at 08.11.2004, the contractor is required to submit proof regarding contribution deposited with EPF authorities as per rule on regular basis . The contractor also required furnish the detail like (i) List showing the details of labour / employees engaged (ii) Duration of their engagement,(iii) The amount of wages paid to such lab ours/employees for duration in question, (iv) Amount of EPF contribution( both employees & employers’ contribution) for the duration of engagement in question paid to the EPF authorities (v) Copies of authenticated documents of payment of such contribution to EPF authorities (vi) A declaration from the contractor regarding compliance of the conditions of EPF Act 1952. While passing the bills of the contractors, the bill passing authority must check the payment particulars regarding EPF contribution furnished by the contractor along with the bill as mentioned above &keep full records of the payments etc. e ach contract wise. The bill will be passed by the bill passing authorities only if the contractor complies with the terms & condition of EPF Act 1952.

16. PARTICIPATION OF NEAR RELATIVES OF THE B.S.N.L. EMPLOYEES IN THE TENDER

It has been decided that the near relatives of all B.S.N.L. Employees either directly recruited or on deputation are prohibited from participation in tenders for execution of works in the different units of BSNL. The detailed guidelines in this regard are given in the following paragraphs.

i) The near relatives for this purpose are defined as: a) Members of a Hindu Undivided Family. b) Husband and wife. c) The one is related to the other in the manner as father, mother, son(s) & Son’s wife (daughter-in-law), Daughter(s) & daughter husband (son-in-law), brother(s) & Brother’s wife, Sister(s) & Sister’s husband (Brother-in-law). ii) As per Government of India’s CCS Conduct rule 4 no Government servant shall in the discharge of his official duties deal with any matter or sanction any contract to any company or for any other person if any member of his family is employed in that company or firm or under that person or if he or any member of his family is interested in such matter or contract in any other manner and the Govt. Servant shall refer every such matter or contract to his official superior. This clause is applicable to all B.S.N.L. employees and in view of this as soon as any BSNL employee becomes aware of the above aspect, he must intimate this to the prescribed authority. For non-executive employees this authority is T D Head/Circle Head/Chief Engineer/Chief Archt./ Corporate office under whom he is posted. For executive employees (at present some of them are called as Gazetted Officers) the prescribed authority for this purpose is Circle Head Chief Engineer/Chief Archt./ Corporate office under whom he is posted.

iii) The Company or firm or any other person is not permitted to tender for works in BSNL Unit in which his near relative(s) is (are) posted. The unit is defined as T D/Circle/Chief Engineer/Chief Archt./Corporate office for executive employees (including those called as Gazetted Officers at present). Therefore, it has been decided by the competent authority that a clause must be added in the tender and other related documents that the tenderer should give a certificate that none of his/her such near relative is working in the units as defined above where he is going to apply for tender/work. In case of proprietorship firm certificate will be given by the proprietor, for partnership firm certificate will be given by all the partners and in case of limited company by all the Directors of the company. Any breach of these conditions by the company or firm or any other person, the tender work will be cancelled and earnest money/security deposit will be forfeited at any stage whenever it is noticed and BSNL will, not pay any damages to the company or firm or the concerned person. The company or firm or the person will also be debarred for further participation in the concerned unit.

14 Signature of Tenderer with Date & Seal 17. Penalty: - 17.2 (PENALTY CLAUSE):

17.2.1 Penalty shall be imposed in case of non-or partial or delayed performance of works with in stipulated time frame as per details given below. 17.2.2 Penalty shall be charged on the basis of improper upkeep of station which includes no or improper cleaning, loss of any material on account negligence by representative of the bidder at the station or improper operation of DG sets & Air Conditioners and other electrical appliances installed at the station, resulting unforeseen beak down of systems or failure of equipment/appliances etc. 17.2.3 The rate of penalty for improper up-keeping of station and installed items, not resulting break down of services or performance of any item shall be charged @ 0.5% of monthly billed amount for each station subject to maximum limit of 10% of work order amount for that particular month. 17.2.4 The contractor has to ensure proper running of E/A in the absence of electric supply as per direction given by JTO/SDO/DE concern to ensure minimum 98 % N/W availability every month. The penalty for non running of E/A affecting N/W availability, will be imposed as per following. Net work availability of BTS Per month payment of approved rate / person posted (a) Less than 98 % and > 97 % 90 % (b) < 97 % & > 96 % 80 % (c) < 96 % & > 95 % 70 % ( d) < 95% Nil payment for the month

17.2.5 In the event of total breakdown or non availability of services due to non performance of duties or improper handling of equipments installed at the station by the bidder’s representative penalty shall be charged @ 5.0 % per day of up-keep charges of one month per site for failure of each station subject to maximum 10 % of total work order amount. If the individual site remains interrupted for more than 7 days in a month then no upkeep charges will be paid for that month against that site and a penalty is also be liable in addition as mentioned above. 17.2.6 In case of dispute regarding deciding reasons for total breakdown of the station or any of its item such as DG set/ ACs and Power Plants on account of failure or mistake by day to day operation/ up-keeping staff, decision of the T D Head ( as the case may be)shall be final and binding on both the parties. 17.2.7 In case of total damage or loss of equipment due to improper handling or negligence of the bidder, bidder shall be liable to pay the cost of damaged/lost equipment or actual cost of restoration of equipment done either by AMC vendor or any other agency engaged by BSNL in this regard. 17.2.8 Penalty for delayed or partial performance of work shall be charged @ 5% cost of work order for each BTS/RSU for that month. However, in case of partial performance of work, BSNL reserves the right to get work done by using its own resource or engaging out side agency and cost incurred towards such activity/activities shall be borne/ recovered by/from the contractor. 17.2.9 Time for the delay in performance shall be counted based on time schedules defined in the work order.

18. Any dispute arising between authority and the contractor during the period of contract will be referred to the arbitrator appointed by Telecom District Manager Madhubani whose decision in this matter will be acceptable and binding on both.

19. Termination and Arbitration 19.1 This agreement shall be liable to be terminated by TDM Madhubani after giving one month notice in writing to the effect. In case of breach of any of the rules contained in Indian Telegraph Rules or any of the terms and conditions of this agreement, the first party may; terminate the agreement unilaterally.

19.2 If at any time during the continuance of this agreement, the performance in whole or in part by either party of any obligation under this agreement 'shall' be. Prevented-or delayed by reason of any war or hostility,

15 Signature of Tenderer with Date & Seal acts of the public enemy, civil commotion, sabotage, fire, floods, explosions, epidemics, quarantine restriction, strikes, lockouts or act of God (Hereinafter referred to as events) provided notice of happenings within 21 days from the date of occurrence thereof, neither party shall be reason of such event .be entitled to terminate this agreement nor shall either party have any such claim for damages against the other in respect of such non- performance or delay in performance and work under the agreement shall be resumed as soon as practicable after such event may come to an end or cense to exist, and the decision of the Government as to whether the work have been so resumed or not shall be final and conclusive, provided further that if the performance, in whole or part of any obligation under this agreement is prevented or delayed by reason of any such event for a period exceeding 60 days either party may at his option terminate the agreement. 20 Arbitration: In the event of any question, dispute or difference arising under the agreement or in connection there with (except as to the matters, the decision to which is specifically provided under this agreement), the same shall be referred to sole arbitration of TDM of Bharat Sanchar Nigam Limited (BSNL) of TDM Madhubani or any other person appointed by him. 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 function of the TDM, Madhubani or by whatever designation such officers may be called (hereinafter referred to as the said officer). In the event of such Arbitrator to whom the matter is originally referred to vacates his office on resignation or other wise or refuses to do work or neglecting his work or being unable to act as Arbitrator for any reasons whatsoever, the TDM Madhubani of BSNL shall appoint another person to act as Arbitrator in the place of outgoing Arbitrator and the person so appointed shall be entitled to proceed further with the reference from the stage at which it was left by the predecessor and that the award of the arbitrator shall be final and binding on both the parties. Service Provider will have no objection in any such appointment that arbitrator so appointed is an employee of BSNL or a Government Servant or that he has to deal with the matter to which the agreement relates or that in the course of his duties as a BSNL employee he has expressed his views on all or any of the matters in dispute. The adjudication of such Arbitrator shall be governed by the provisions of the Arbitrator and Conciliation Act 1996, or any statutory modification or re- enactment three of or any rules made thereof. 20.1 The venue of Arbitration proceeding shall be Office of TDM, Madhubani of BSNL at Madhubani or such other place as the arbitrator may decide. 20.2 The arbitrator may from time to time with the consent of both the parties enlarge the time frame for making and publishing the award. Subject to 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. TDM, Madhubani reserves the rights to accept or reject one or all tenders fully or partly without assigning reasons.

21. Dispute Settlement 21.1 In the event of any question, dispute or difference arising under this agreement or in connection there-with (except as to the matters, the decision to which is specifically provided under this agreement), the same shall be referred to the sole arbitration of the TDM,MADHUBANI, or in case his designation is changed or his office is abolished, then in such cases to the sole arbitration of the officer for the time being entrusted (whether in addition to his own duties or otherwise) with the functions of the TDM, BSNL, Madhubani or by whatever designation such an officer may be called (hereinafter referred to as the said officer), and if the TDM, BSNL, Madhubani or the said officer is unable or unwilling to act as such, then to the sole arbitration of some other person appointed by the TDM, BSNL, Madhubani 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 on the ground that the arbitrator is a BSNL Servant or that he has to deal with the matter to which the agreement relates or that in the course of his duties as a BSNL servant he has expressed his views on all or any of the matters in dispute. The award of the arbitrator shall be

16 Signature of Tenderer with Date & Seal final and binding on both the parties to the agreement. In the event of such an arbitrator to whom the matter is originally referred, being transferred or vacating his office or being unable to act for any reason whatsoever, the TDM, BSNL, MADHUBANI or the said officer 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. 21.2 The arbitrator may from time to time with the consent of both the parties enlarge the time frame for 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. 21.3 The venue of the arbitration proceeding shall be the office of the TDM, BSNL, MADHUBANI or such other places as the arbitrator may decide. 22. Force- Majeure If at any time, during the continuance of this agreement, the performance in whole or in part, by either party, of any obligation under this is prevented or delayed, by reason of war, or hostility, acts of the public enemy, civic commotion, sabotage, Act of State or direction from Statutory Authority, explosion, epidemic, quarantine restriction, strikes and lockouts (as are not limited to the establishments and facilities of the Contractor), fire, floods, natural calamities or any act of God (hereinafter referred to as event), provided notice of happenings of any such event is given by the affected party to the other, within 21 Calendar days from the date of occurrence thereof, neither party shall, by reason of such event, be entitled to terminate the agreement, nor shall either party have any such claims for damages against the other, in respect of such non- performance or delay in performance. Provided Service under the agreement shall be resumed as soon as practicable, after such event comes to an end or ceases to exist. The decision of BSNL as to whether the service may be so resumed (and the time frame within which the service may be resumed) or not, shall be final and conclusive. However, the Force-majeure events noted above will not in any way cause extension in the period of the agreement. 23 JURISDICTION: - For the settlement of any disputes arising out of this tender/ contract only the courts at MADHUBANI shall have jurisdiction.

D.E. (Planning) O/o TDM,Madhubani

17 Signature of Tenderer with Date & Seal

Section III

PROFILE OF THE BIDDER

1. Full Name of the Bidder Address 2.

Telephone numbers 3. Office FAX Mobile Email Address

Firm, whether Proprietary / Partnership / Private Limited / Public Limited 4. Registration of Firm Particulars Income Tax Account no. 5.

6. Experience in related field (Please enclose experience Certificate)

Bank Account Details 7. (A/C no., Bank Name, IFSC Code) 8.

(Signature & seal of tenderer) Name of Tenderer Address Date

18 Signature of Tenderer with Date & Seal

BID FORM

To, T.D.M. Madhubani.

Tender No TDR-01/TDM/MDN/BTS-RSU UPKEEPING/15-16 Dated: 07.08.2015

Dear Sir, Having examined the terms & conditions of contract and specifications, the receipt of which is hereby duly acknowledged, we, undersigned, offer to take up the work of Up-keep of BTS/RSU infrastructure items like WAC/ Split AC and Operations of DG/ACs sets on day to day basis including its safety, in conformity with the said conditions of contract and specifications for the rate mentioned in financial bid.

We undertake, if our Bid is accepted to conduct the said work as specified in the contract within time schedule prescribed in the tender, from the date of issue of your confirmed work order.

If our bid is accepted, we will obtain the guarantees of a scheduled bank in a sum equal to 10% of the contract sum for the due performance of 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 work order of contract is awarded 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.

We understand that you are not bound to accept the lowest or any bid, you may receive.

Dated this ...... day of ...... 2015 Signature of ...... In capacity of ......

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

Signature Address ....

19 Signature of Tenderer with Date & Seal

FORMAT OF LETTER OF AUTHORISATION FOR ATTENDING BID OPENING

Subject: Authorization for attending bid opening on (date) in the tender of

Following persons are hereby authorized to attend the bid opening for the tender mentioned above on behalf of ______(Bidder) in order of preference given below. I

Order of Preference Name Specimen Signatures II

Alternate Representative Signatures of bidder Or Officer authorized to sign the bid Documents on behalf of the bidder.

Note 1. Maximum of two representatives will be permitted to attend bid opening. In cases where it is restricted to one, first preference will be allowed. Alternate representative will be permitted when regular representatives are not able to attend.

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

20 Signature of Tenderer with Date & Seal

Annexure-A

Scope of Work (For BTS/RSU Up keep work)

1. The successful bidder would be required to perform the BTS/RSU up-keep work at all the Non BSNL BTS/RSU sites/BSNL Sites (depending upon the work order).

(i) Award of work may be done by T Ds/or any authorised representative of BSNL as decided by TDM, Madhubani () after successful execution of Agreement and depositing due security amount/performance bank guarantee.

(ii) The bidder shall have to get these jobs executed by independent teams of skilled and semiskilled persons who should be trained in the jobs to be handled.

(iii) The bidder will have to ensure accessibility of the required personnel round the clock for avoiding any interruption of services because of non-performance of these activities. The contact details of designated persons shall be required to be submitted at the time of agreement.

(iv) The personnel deployed should be sufficiently trained/ qualified to handle assigned jobs up to desired standards. Cost of training towards handling of jobs shall be responsibility of bidder. 2. Scope of work under Up-keep of BTS/RSU

2.1 Engine / Alternator operation & maintaining the log book of diesel & E/A.

2.2 Cleaning of equipment & site.

2.3 Watch & ward of exchange equipment. 2.4 Bidder may construct temporary hut at out door BTS site on available portion of plot if feasible & required.

2.5 Ensuring security and safety of BTS equipment and all other associated equipment and infrastructure items installed at the station.

2.6 Ensuring lighting of aviation lights during evening/night to avoid aviation hazards

2.7 Immediate reporting of faults and/or any untoward incidence, if occurred at the station to the designated BSNL officer with in prescribed time period.

2.8 Submission of monthly feedback report to concerned DE/SDE in the Performa specified at the time of agreement.

2.9 The representative of the contractor shall be required to fill logbook provided by BSNL at the respective sites. The logbooks shall have the data /records in respect of inventory at site, day to day operations of DG sets, details of activity performed by BSNL or contractor’s representatives at site and it shall be responsibility of contractor’s representative for safe custody of logbooks and produce the same as and when demanded by BSNL’s representative

21 Signature of Tenderer with Date & Seal

DECLARATION (BY THE TENDERER)

I/We ______S/o Sh.______hereby declare that none of my/our relatives are employed in any capacity in any of the unit of, Bharat Sanchar Nigam Limited, I/We shall also intimate the name of the person’s who is / are working with us in any capacity or is/are subsequently employed by us and who are near relatives to any officer in Bharat Sanchar Nigam, I/We Am/are aware that any breach of this conditions would result in immediate termination of contact / Cancellation if the existing contract / Contracts and also forfeiting of my / our security deposit held by Madhubani Telecom Circle or Bharat Sanchar Nigam Limited, Madhubani Telecom District Madhubani .

Note : The terms “Near relatives” means wife / Husband / Parents/Children / Grand Children / Brother / Sisters / Uncle / Aunts / Cousins and their corresponding in laws.

Place:

Date:

Signature of Tenderer With seal Name of the tenderer & Address (Capacity in which signing)

22 Signature of Tenderer with Date & Seal

DECLARATION REGARDING BLACKLISTING / DEBARRING FROM TAKING PART IN GOVERNMENT TENDER BY DOT / BSNL / Govt. Dept. / PSU

I / We Proprietor / Partner (s) / Director(s) of M/S hereby declare that the firm / company namely M/S has not been blacklisted or debarred in the past by DOT / BSNL /PSU/any other Government or Semi-Government organization from taking part in Government tenders.

was blacklisted or debarred by * from taking part in Government tenders for a period of ...... years w.e.f ...... The period is over on ...... and now the firm / company is entitled to take part in Government tenders.

In case the above information s found false I / We are fully aware that the tender / contract will be rejected / cancelled by Madhubani Telecom SD shall be forfeited In addition to the above Madhubani Telecom will not be responsible to pay the bills for any completed / partially completed works.

Signature Name:

Capacity in which as signed Name & address of the firm

23 Signature of Tenderer with Date & Seal

Section-IV

Price Schedule

No. of No. of BTS/RSU/S Sr No Schedule of Works BTS/RSU/S ite in Zone -2 ite in Zone -1

Up Keeping of BTS/RSU

Infrastructure including DG Set & 1 ACs running, cleaning of Equipment 17 14 room, Diesel filling & General Watch & Ward

Signature & Name of the Bidder

24 Signature of Tenderer with Date & Seal

Section-IV Details of the BTS/RSU Sites of Madhubani T D where Up keeping is required

Sl. No. Name of Location SDCA Exch/BTS 1 Bhatsimar Madhubani Exch/BTS 2 Izra Madhubani BTS 3 Sapta Madhubani BTS 4 Ayachinagar Madhubani BTS 5 Shankar Chowk Madhubani BTS 6 Bikrampur Balia Madhubani BTS 7 Narar Jaynagar Exch/BTS 8 Chhatauni Jaynagar Exch/BTS 9 Umgaon Jaynagar Exch/BTS 10 Basopatti Jaynagar Exch/BTS 11 Ladania Jaynagar Exch/BTS 12 Khajedih Jaynagar Exch/BTS 13 Padma Jaynagar Exch/BTS 14 Parjuar Benipatti BTS 15 Aunsi Benipatti BTS 16 Basuki Benipatti BTS 17 Trimuhan Benipatti BTS 18 Hissar Benipatti Exch/BTS 19 Basaitha Benipatti Exch/BTS 20 Sahaghat Benipatti Exch/BTS 21 Gonauli Jhanjharpur BTS 22 Bheja Jhanjharpur BTS 23 Lakhnour Jhanjharpur BTS 24 Hanuman Nagar Phulparas Exch/BTS 25 Ekhatha Phulparas Exch/BTS 26 Sugapatti Phulparas Exch/BTS 27 Khopa Phulparas Exch/BTS 28 Laukaha Phulparas Exch/BTS 29 Ghoghardiha Phulparas Exch/BTS 30 Phulparas Exch/BTS 31 Laukahi Phulparas Exch/BTS

Note: - Sites may be changed as per actual requirement. TDM Madhubani reserves the right to change any site. Personnel deployed by contractor will also look after the co located or adjacent sites in addition to his posting station during his contract and also same will be applicable in near future proposed sites to be commissioned in same village/Town.

25 Signature of Tenderer with Date & Seal

Section-IV

AGREEMENT (Format)

This agreement made on the ______day of ______2015 between BSNL, a Company registered under the Companies Act, 1956 and having its Registered Office at Bharat Sanchar Bhawan, Jagdish Chandra Mathur Lane, Janpath, New Delhi-110001, through its Office in Bihar Telecom Circle O/o TDM, Madhubani , hereinafter called (which expression shall unless repugnant to the context and meaning shall deem to mean and include its successors and assigns) of the one party And

M/s ______, a Company registered under the Companies Act / a Partnership/ Proprietorship firm constituted having its place of business/ Registered Office at

Herein referred to as “BTS/RSU Upkeep Contractor” (which expression shall unless repugnant to the context or meaning thereof shall deem to mean and include its/his/her/their respective heirs, executors, administrators and successors/ the partner(s) for the time being of the said firm, the survivor(s) of them and the executors, administrators and successors of the surviving partners as the case may be) of the other party.

WHEREAS

BSNL is inter-alia engaged in the business of providing cellular mobile telephone services in the service area all over the country (except jurisdiction of MTNL) as provided in the license issued to it by the Department of Telecommunications, Govt. of India.

For the BTS/RSU Upkeep for BSNL Madhubani TD, requires specialized services of agencies, which can carryout the above functions.

The BTS/RSU Upkeep Contractor has represented to BSNL that it has the requisite skills, knowledge, experience, expertise, infrastructure and capability to act as a BTS/RSU Upkeep Contractor and that it has trained and experienced persons have requisite skills, knowledge to perform the functions in accordance with the terms of this agreement. After evaluation of the agency on the basis of their presentation and negotiation further and the financial bid submitted by them under sealed tender and further negotiations. BSNL has agreed to accept the offer of the BTS/RSU Upkeep Contractor on the terms and conditions contained in this agreement.

The parties hereto agreed to record the terms and conditions as follows:

NOW THEREFORE THIS AGREEMENT WITNESSETH AS FOLLOWS:

1. APPOINTMENT AND SCOPE OF WORK: Whereas the contractor has made the offer to duly perform the work under this contract of the BTS/RSU UP-Keep for BSNL ‘Mobile Services Network’ Bihar Telecom Circle, T D ______. After making himself aware and understanding fully the implications of the terms and conditions and specifications in the contract and related documents. The NIT, Tender document, Letter of Intent & any subsequent direction given by BSNL to BTS/RSU Upkeep Contractor shall form integral part of this agreement.

26 Signature of Tenderer with Date & Seal

BSNL has agreed to appoint the BTS/RSU Upkeep Contractor on contract basis. BTS/RSU Upkeep Contractor has agreed to act as such on the terms and conditions as specified in this Agreement. BSNL shall from time to time issue guidelines as to the manner in which the BTS/RSU Upkeep Contractor’s duties and obligations under the Agreement shall be performed and the BTS/RSU Upkeep Contractor shall ensure strict compliance of the guidelines. BSNL at its own discretion may carryout the certain percentage of work by themselves.

2. PERIOD:

2.1 The Agreement shall be valid for a period of 12 months from the date mentioned hereinabove, unless otherwise terminated by BSNL as provided under this Agreement. Further extension for One year on performance shall be at the sole discretion of BSNL and on the terms and conditions to be decided by BSNL. The decision of BSNL in this regard shall be final & binding. 2.2 The quantities indicated in "Price Schedule 'are only approximate and subject to revision without prior notice. However, such variations would normally be limited to only 25% the approved quantity will remain binding on the Contractors not with standing the changes in the rates

3. FEES AND CHARGES:

I) Fees and charges for the services rendered are prescribed in “Annexure-B” to this agreement. II) All the payments to the BTS/RSU Upkeep Contractor shall be made after making statutory deductions, if any under the relevant laws. BSNL shall also have the right to set off, deduct and recover from the fees and charges and/or from any other sum payable to the BTS/RSU Upkeep Contractor, any and all amounts which may be or become payable by the BTS/RSU Upkeep Contractor to BSNL.

4. AGENCY’S REPRESENTATIONS AND WARRANTIES BY AGENCY:

The BTS/RSU Upkeep Contractor hereby represents warrants and confirms that:-

4.1 It has full capacity, power and authority to enter into this Agreement and during the continuance of this agreement, will continue to have full capacity, power and authority to carry out and perform all its duties and obligations as contemplated herein. It has already taken and will and continues to take all necessary and further actions (including but without limitations the obtaining of necessary approval/consents in all applicable jurisdictions) to authorize the execution, delivery and performance of this Agreement.

4.2 It has the necessary skill, knowledge, experience, expertise, adequate capital and competent personnel, system and procedures, infrastructure and capability to perform its obligations in accordance with the terms of this Agreement and to the satisfaction of BSNL.

4.3 The execution of this Agreement and providing services by the BTS/RSU Upkeep Contractor to BSNL, does not and will not violate, breach and contravene any condition of any agreement entered with any third party/ies.

4.4 Has complied with and obtained necessary permissions/ licenses/ authorizations under the Central, State and Local authorities and obtained all required permissions/ licenses for carrying out its obligation under this Agreement.

5. BTS/RSU UPKEEP CONTRACTOR’S COVENENTS:

The BTS/RSU Upkeep Contractor hereby agrees, undertakes and confirms as under:-

5.1 That the BTS/RSU Upkeep Contractor shall carry out its obligations and functions under this Agreement strictly in accordance with all the guidelines, instructions, manuals and procedures etc. (hereinafter referred to as guidelines) prescribed by BSNL in connection with this Agreement from time to time.

27 Signature of Tenderer with Date & Seal

5.2 The BTS/RSU Upkeep Contractor shall immediately notify BSNL in writing of any event which may result in or which may give reason to believe that may cause work stoppage, slowdown, labour dispute, strike, any labour disruption or any other impediments or disruptions in the due performance of obligation of the BTS/RSU Upkeep Contractor under this Agreement. The BTS/RSU Upkeep Contractor shall forthwith submit the report of the events resulting in stoppage of work to BSNL. The BTS/RSU Upkeep Contractor agrees that notwithstanding anything contained in this Agreement in the event of any of the eventualities mentioned herein above BSNL shall have a right to terminate this Agreement by giving seven days notice to the BTS/RSU Upkeep Contractor. 5.3 The BTS/RSU Upkeep Contractor shall not at any time use or attempt to use BSNL’s name or logo for any purpose including for the purpose of this Agreement unless specifically authorized by BSNL in writing. 5.4 The BTS/RSU Upkeep Contractor shall ensure that its employees/ personnel shall at all times conduct themselves within the parameters of laws and shall not commit, abet or permit the commission of any illegal act while working in the course of this Agreement. In the even of any illegal act being committed or abetted, the BTS/RSU Upkeep Contractor shall be liable for all consequences thereof and BSNL shall not be liable either directly or indirectly. 5.5 The BTS/RSU Upkeep Contractor shall obtain all the requisite License/ permission/ authorizations from state/ central Government agencies on labour contract & shall abide by insurance rules in this regard under all the applicable laws and keep the same valid by renewing from time to time as required under the various Acts/ Laws. 5.6 The BTS/RSU Upkeep Contractor shall maintain all the registers and records required to be maintained under the various Labour Enactments and Rules framed there under. 5.7 The BTS/RSU Upkeep Contractor shall ensure that no personnel employed by the BTS/RSU Upkeep Contractor commits any misconduct or acts in contravention of any of the provisions of this Agreement or instructions issued by BSNL from time to time or commits any fraud or is involved in any criminal or civil case. If any personnel commits any misconduct or is involved in criminal case or is guilty of acting in contravention of any provisions of this Agreement or any law, the BTS/RSU Upkeep Contractor agrees to indemnify and keep BSNL indemnified from the consequences of any such act of the personnel as a result which BSNL has suffered or is likely to suffer any loss. 5.8 The personnel employed by the BTS/RSU Upkeep Contractor shall not have any claim whatsoever on BSNL and shall not raise any Industrial dispute, either directly or indirectly, with or against BSNL, in respect of any of the service condition or otherwise. 5.9 It is further expressly clarified and agreed that in case of death or bodily injury to any such personnel appointed by the BTS/RSU Upkeep Contractor in some courses of carrying out of the services of this Agreement, BSNL shall not be liable or bound to pay any monetary compensation or otherwise be responsible in any way, whatsoever. 5.10 That the BTS/RSU Upkeep Contractor shall immediately notify BSNL in writing if any of its employee or any other person engaged by the BTS/RSU Upkeep Contractor has committed any breach of any of the employment agreement or has committed any act amounting to moral turpitude or has been arrested by the police or removed from the employment of the BTS/RSU Upkeep Contractor or committed any act which in the opinion of the BTS/RSU Upkeep Contractor affects the integrity of the person. BSNL shall have the right to call upon the BTS/RSU Upkeep Contractor to replace any employee/ agent of the BTS/RSU Upkeep Contractor who In the sole opinion of BSNL is jeopardizing the interest of BSNL and the BTS/RSU Upkeep Contractor shall forthwith comply with the demand of BSNL. 5.11 That the BTS/RSU Upkeep Contractor shall procure from its employees for the time being and from such other staff as BSNL may require, an undertaking not to disclose to any third party any confidential information or knowledge concerning the business of BSNL and take such steps at the BTS/RSU Upkeep Contractor’s own expense as BSNL may direct in order to enforce or retain any breach of the terms of any such undertaking. 5.12 That the BTS/RSU Upkeep Contractor specifically convents that the BTS/RSU Upkeep Contractor and / or any of it’s employees of any other person employed by the BTS/RSU Upkeep Contractor for the purpose of this agreement shall not use any illegal or unlawful means in performing its obligations under this agreement. For any illegal or unlawful means employed by the BTS/RSU Upkeep Contractor and / or any of it’s employees or any other person the BTS/RSU Upkeep Contractor shall alone be responsible and aggress to indemnify and keep indemnified BSNL Cellone at all times against any suits, claim, demands, petitions, actions, proceedings etc filed/initiated against BSNL Cellone by any person for reason whatsoever and against any loss, damage, claims, costs, charges, expenses.

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5.13 The BTS/RSU Upkeep Contractor and its personnel shall not claim any lien on the amount collected by the BTS/RSU Upkeep Contractor even if any amount is due and payable by BSNL Cellone to the BTS/RSU Upkeep Contractor. 5.14 The BTS/RSU Upkeep Contractor under takes to execute such other documents as may be required by BSNL Cell one.

6. CONFIDENTIALITY AND NON-DISCLOSURE 6.1 All details, documents, data, applications, software, systems, papers, statements, business/customer information and BSNL’s practices and trade secrets (hereinafter referred to as “Confidential Information”) which may be communicated to the BTS/RSU Upkeep Contractor and/or it’s employees shall be treated as absolutely confidential and the BTS/RSU Upkeep Contractor irrevocably agrees and undertakes and ensures that the BTS/RSU Upkeep Contractor and all its employees shall keep the same secret and confidential and not disclose the same, in whole or in the part of any person without the prior written permission of BSNL not shall use or allow to be used any information than as may be necessary for the due performance of the BTS/RSU Upkeep Contractor’s obligation hereunder. The BTS/RSU Upkeep Contractor hereby specifically agrees to indemnify and keep BSNL indemnified safe and harmless at all times against all or any consequences arising out of any breach of this undertaking by the BTS/RSU Upkeep Contractor and/ or its employees and shall immediately, reimburse and pay to BSNL on demand all damages, loss, cost, expenses or any changes that BSNL may suffer, incur or pay in connection therewith. 6.2 Take all necessary action to protect the confidential information against misuse, loss, destruction, deletion and/ or alteration. 6.3 Not to misuse or permit misuse directly or indirectly, commercially exploit the confidential information for economic or other benefit. 6.4 Not to make or retain any copies or record of any confidential information submitted by BSNL other than as may be required for the performance of the BTS/RSU Upkeep Contractor’s obligation under this agreement. 6.5 Notify BSNL promptly of any unauthorized or improper use or disclosure of the information. 6.6 Return all the information, which is in the custody of the IQ/ BTS/RSU Upkeep Contractor at the end of the specific assignment. 6.7 The BTS/RSU Upkeep Contractor hereby unconditionally agrees and undertakes that it shall not and that it’s personnel shall not disclose or publish the terms and conditions of this agreement or disclose the information submitted by BSNL under this agreement to any third party unless such disclosure is required by law.

7. INDEMNITY: 7.1 The BTS/RSU Upkeep Contractor hereby agrees and covenants to indemnify and keep indemnified BSNL against:- i) All loss, misappropriations, misuse or damage of or to the documents of any other security instruments which are in possession of the BTS/RSU Upkeep Contractor or its personnel or within the control of the BTS/RSU Upkeep Contractor or its personnel. ii) Any or all claims, liabilities, damages, losses, costs, charges, expenses, proceedings and actions of any nature whatsoever made or instituted against BSNL and/ or any customer directly or indirectly by reason of.

On behalf of BSNL for ______

The parties to this agreement have set their hands on the day mentioned hereinabove. SIGNED AND DELIVERED by the within named party i.e. BSNL under the hands of Shri ______SIGNED AND DELIVERED by the within named party i.e. (Name of Company) ______

Shri

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Section VII

Bharat Sanchar Nigam Ltd. (A Govt. of India Enterprise) OFFICE OF THE TELECOM DISTRICT MANAGER MADHUBANI-847211

FINANCIAL - BID

Tender Document for Up Keeping of BTS/RSU in Madhubani T D

TDR-01/TDM/MDN/BTS-RSU UPKEEPING/15-16 Dated: 07.08.2015

DE (PLANNING.) O/o TDM,MADHUBANI

30 Signature of Tenderer with Date & Seal

ANNEXURE-B

PRICE BID

To,

The T.D.M., Madhubani -847211.

Ref.: - TDR-01/TDM/MDN/BTS-RSU UPKEEPING/15-16 Dated: 07.08.2015

To,

The TDM, MADHUBANI

Subject:- Our Financial Bid for Up-keep of BTS/RSU Works in Madhubani T D

Dear Sir, Having examined the tender documents, terms and conditions stipulated there in, specifications of work etc., we the under signed offer to execute the Works in conformity with the said specifications and conditions of contract at:

Sl. DESCRIPTION OF WORK RATES PER MONTH PER BTS/RSU TO BE No. QUOTED EXCLUSIVE OF SERVICE TAX

Up Keeping of BTS/ RSU Infrastructure including DG Set & ACs running, cleaning of Equipment room, Diesel filling & General Watch & Ward along with works listed in Rs ...... Annexure “A”. 1 (In words Rs……………………………………Only)

Signature of Tenderer Name & Full address Telephone No.

31 Signature of Tenderer with Date & Seal