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बड़ दतावेज़ BID DOCUMENT

आलपुा बी ए म बी एस एन एल इाचर का अनुरण (अपकपंग) के लए ई-नवदा E-TENDER for

Infrastructure Maintenance in BSNL Alappuzha BA

नवदा सं.Tender . No.GNL/IM/ALP-BA/2019-20/02 द. Dtd at ALP the 29/10/2019

भारत संचार नगम लमटेड BHARAT SANCHAR NIGAM LIMITED

आलपुा बी ए ALAPPUZHA BA

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भारत संचार नगम लमटेड BHARAT SANCHAR NIGAM LIMITED (भारत सरकार का उयम A Government of India Enterprise) महाबंधक दूरसंचार का कायालय OFFICE OF THE GENERAL MANAGER TELECOMMUNICATIONS आलपुा ALAPPUZHA 688011 नवदा दतावेज़ TENDER DOCUMENT ANNEXURE A

E-Tender for Infrastructure Maintenance in BSNL Alappuzha BA for the year 2019-2020.

1. Tender No.GNL/IM/ALP-BA/2019-20/02 Dtd at ALP the 29/10/2019 2. Cost of Tender form Rs.2360 (Rs.2000/- plus GST 18%) 3. Availability of Tender Document for download: From 06/11/2019. 4. Last Date & Time of online submission of E-Tender: upto 10:00 Hrs on 27/11/2019. 5. Date & Time of submission of sealed envelope containing Tender Document, EMD and cost of Bid document : upto 10:00 Hrs on 27/11/2019. 6. Date & Time of opening of Technical Bid (online only) : At 11:00 hours on 27/11/2019 followed by opening of sealed envelope containing the Tender Documents. 7. Validity of E-Tender : 150days 8. EMD Rs.4,56,000 (Rupees Four Lakhs Fifty Six Thousand only) 9. Total value of the tender : Rs.2,27,97,000/- (Rupees Two Crores Twenty Seven Lakhs Ninety Seven Thousand only) 10. Performance Security Rs.11,40,000 /- (Rupees Eleven Lakhs Forty Thousand only).

सहा.महाबंधक(शा) Asst. General Manager (A) O/o General Manager Telecom, BSNL, ALAPPUZHA-688011

Note: Kindly see all clarifications/corrigendum on website from time to time and read Bid Document Carefully before submission and ensure that all documents are fully authenticated by the Authorized signatory.

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BHARAT SANCHAR NIGAM LIMITED (A Government of India Enterprise) OFFICE OF THE GENERAL MANAGERTELECOMMUNICATIONS ALAPPUZHA - 688011

Sub: E-Tender for Infrastructure Maintenance in BSNL Alappuzha BA for the year 2019-2020.

CONTENTS

Sl. No Title Page. No 1 Notice Inviting Tender 4 2 Specification to Bidders for E-Tendering 5 – 6 3 Special Instruction to Bidders for E-Tendering 7 – 13 4 Tender information 14 – 15 5 Terms & Conditions 16 – 30 6 Price Schedule 31 – 32 7 Annexure I– No near relative certificate 33 Annexure-II- Letter of Authorisation for attending Bid 8 34 opening 9 Annexure III - Agreement 35 – 46 Annexure IV –Bank Guarantee Bond Form for Performance 10 47 – 48 Security. Annexure V – Mandate form for transfer of payment through 11 49 electronic clearance / electronic fund transfer Annexure VI – Certificate (for Bid Document downloaded 12 50 from website 13 Annexure VII – E-Tender (Undertaking) 51 14 Tenderer’s Profile 52 16 Annexure IX-List of stations 53 – 54 17 Vendor Master Form 55 – 56

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BHARAT SANCHAR NIGAM LIMITED (A Govt of India Enterprise) Office of the General Manager, Telecom, BSNL, Alappuzha BA, – 688011

NOTICE INVITING TENDER

E- Tenders in the prescribed form are invited by The Principal General Manager, BSNL, Alappuzha BA from reputed and Experienced eligible contractors with Registered/Licensed agencies or Firms or Contractors or Labour Co-operative Societies, service providing agencies for providing Infrastructure Maintenance in BSNL Alappuzha BA, for a period of one year.

Sl.No Details Reference 1. Tender Enquiry No 04772252300 Last date for obtaining the tender 2. 10:00 Hours on 27/11/2019 application Last date for submission of Sealed 3. 10:00 Hours on 27/11/2019 Tender 4. Bid Validity 150 days 5. Time & Date of Opening Tender 11:00 Hours on 27/11/2019 O/o Assistant General Manager, (A) 6. Venue for Tender Opening O/o GMTD, BSNL, Alappuzha BA, Near Pitchu Iyer Jn, Alappuzha-688011

Sd/- ` Assistant General Manager (A) Office of the GMT, BSNL, Alappuzha BA- 688011.

Tender document can be obtained/downloaded from the website www.kerala.bsnl.co.in. or https://www.tenderwizard.com/BSNL. The bidders downloading the tender document are required to submit the tender fee amount through DD along with their tender bid failing which the tender bid shall be left archived unopened/ rejected. The DD/ banker’s cheque shall be drawn from any Nationalized/ Scheduled Bank in favour of “AO (Cash), O/o GMT, BSNL, Alappuzha and payable at “Alappuzha”.

Full details available at our website: “https://www.tenderwizard.com/BSNL. and www.kerala.bsnl.co.in

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Specification to Bidders for E-Tendering

1. Tender No: GNL/IM/ALP-BA/2019-20/02 dtd at ALP, the 29/10/2019

2. COST OF TENDER DOCUMENT Rs.2360/- (RS.2000/- PLUS GST 18%).

3. Accessibility of Tender Document: BSNL is inviting E-Tender for the Infrastructure Maintenance in BSNL Alappuzha BA and thus physical/hard copy of E-Tender forms not available for sale. Viewing and bidding of the Tender can be done only on the website: https://www. tenderwizard.com/BSNL and www.kerala.bsnl.co.in . The tender document shall not be available for download after its submission online and after closing date. 4. Registration: Intending bidders are requested to register themselves on E-Tender portal through https://www.tenderwizard.com/BSNLfor obtaining user-id, digital signature etc, by paying prescribed vendor registration fee. For participating in the above mentioned tender a tender processing fee may also have to be paid to the service provider.

5. Date and Time of online submission of E-Tender: As specified the technical bid, financial bid, tender fee and EMD should be uploaded separately.

In case the date of submission/opening of bid is declared to be a holiday, the same will get shifted to next working day at the same scheduled time. Any change in bid opening date due to any other unavoidable reason, the same will be intimated online.

6. Submission of EMD and Cost of bid document: The cost of bid document is Rs.2360/-. Cost of Bid document and EMD as noted in Annexure A (Page 2) should be paid in the form of DD, drawn from any Nationalized/Scheduled Bank in favour of AO (Cash), O/o GMT, BSNL, Alappuzha-688011 payable at Alappuzha. DD’s drawn towards tender fee and EMD should be submitted along with the Technical bid failing which the tender bid will be rejected.

The MSE units registered with the designated MSME bodies, like National Small Industries Corporation (NSIC) etc. shall be given exemption from payment of Bid Security deposit, provided the tendered item is listed in the registration certificate of MSE. The MSE bidder has to submit the UAM number. The bidders who fail to submit the UAM number shall not be able to avail the benefits available to MSEs as contained in Public Procurement Policy for MSEs order 2012 issued by MSME. Proof regarding current registration with the designated MSME bodies, like District Industries Centers or with National Small Industries Corporation (NSIC) for the tendered items will have to be attached along with the bid. The enlistment certificate issued by bodies registered under MSME like District Industries Centers or National Small Industries Corporation (NSIC) should be current and valid on the date of opening of bid. 7. On-line Opening of Technical Bids: The Technical Bids will be opened on 11:00 Hrs on 27/11/2019

8. Process of opening of Technical Bids: BSNL has adopted E-tendering process which offers a unique facility for Public Online “Tender Opening Event” (TOE). Bidders can attend the public

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6 online TOE from the comfort of their offices. However, if required, Bidders/authorized representative of bidders (Service Provider) can attend the TOE at the O/o AGM (Admn), BSNL, Alappuzha 688011. Tender opening officers would be conducting the public online TOE.

9. Tender bids received after due date & time will not be accepted.

10. Incomplete, ambiguous, Conditional, Unsealed tender bids are liable to be rejected.

11. BSNL reserves the right to accept or reject any or all tender bids without assigning any reason.

12. BSNL is not bound to accept the lowest tender.

13. E-Tender documents can be downloaded from the E-Tender portal from 10:00 hours on 06/11/2019

14. The bidder shall furnish a declaration under his digital signature that no addition/deletion/corrections have been made in the downloaded tender document being submitted and it is identical to the tender document uploaded in the E-Tender portal. In case if any correction/addition/deletion are made and found in the later days, the tender bid shall be treated as non-responsive and shall be rejected summarily in addition to forfeiting the security deposit deposited in this connection and legal action will be initiated against the defaulting E-Tenderer for the losses to BSNL if any.

15. All documents submitted in the bid should be preferably in English. In case the certificate viz. experience, registration etc. are issued in any other language other than English, the bidder shall attach an English translation of the same duly attested by the bidder as “Certified Translation of the original document”.

16. All computer generated documents should be duly attested/signed by the issuing authority.

17. Cost of Tender form, EMD ( in the form of DD/Banker’s Cheque) and Power of Attorney if any have to be submitted along with the Tender, otherwise the bid will not be considered.

18. Hard copies of all required documents as per clause 3.1 of Tender information along with tender document (duly attested by the bidder/authorized signatory) to be submitted to AGM (Admn) before the scheduled date and time.

19. Before submitting the bid, it should be ensured to view all the corrigendum/clarification if any issued in this matter on the E-Tender website.

20. Duration of Contract: One year from the date of award of contract or specifically mentioned date with an option of extension for one more year or part thereof or till the finalization of new tender, whichever is earlier, at the same rate, terms and conditions.

21. Approximate number of workers of contractor to be engaged through this tender for Infrastructure Maintenance in BSNL Alappuzha BA, on work contract (Annexure IX). This may vary from +10% to -25%.

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SECTION-I

E-tendering Instructions to Bidders Note :-The instructions given below are ITI’s e-tender portal centric and for e-tenders invited by BSNL, Kerala Telecom Circle only. General These Special Instructions (for e-Tendering) supplement ‘Instruction to Bidders’, as enclosed in Sec IV of the Tender Documents. Submission of Bids only through online process is mandatory for this Tender. For conducting electronic tendering, BSNL, Kerala Telecom Circle, is using the portal (https://www.tenderwizard.com/BSNL) of M/s ITI a Government of India undertaking. 1. Tender Bidding Methodology: Sealed Bid System –‘Two Stage – Using Two Envelopes’, Financial and Techno-commercial bids shall be submitted by the bidder online. 2. Broad outline of activities from Bidders prospective: 1. Procure a Digital Signing Certificate (DSC) 2. Register on Electronic Tendering System® (ETS) 3. Create Users and assign roles on ETS 4. View Notice Inviting Tender (NIT) on ETS 5. Download Official Copy of Tender Documents from ETS 6. Clarification to Tender Documents on ETS Query to BSNL (Optional) View response to queries posted by BSNL, as addenda. 7. Bid-Submission on ETS 8. Attend Public Online Tender Opening Event (TOE) on ETS Opening of Techno- commercial Part 9. View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond to BSNL’s Post- TOE queries 10. Attend Public Online Tender Opening Event (TOE) on ETS Opening of Financial-Part (Only for Technical Responsive Bidders) 11. Participate in e-Reverse Auction on ETS

For participating in this tender online, the following instructions need to be read carefully. These instructions are supplemented with more detailed guidelines on the relevant screens of the ETS.

Note 1: It is advised that all the documents to be submitted (See clause 3 of section IV) are kept scanned or converted to PDF format in a separate folder on your computer before starting online submission. Financial Bid Part 1 (Excel Format) may be downloaded and rates may be filled appropriately. This file may also be saved in a secret folder on your computer.

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Note 2: While uploading the documents, it should be ensured that the file name should be the name of the document itself

3. Digital Certificates For integrity of data and its authenticity/ non-repudiation of electronic records, and be compliant with IT Act 2000, it is necessary for each user to have a Digital Certificate (DC). also referred to as Digital Signature Certificate (DSC), of Class 3 or above, issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer http://www.cca.gov.in].

4. Registration Tender document can be downloaded from the website: www.tenderwizard.com/BSNL and to be submitted in the e-format as well as by post/courier/by hand. Cost of Tender Document (in the form of DD) and Bid security in the form of DD, Power of Attorney in original along with the hard copies of all documents which are uploaded in the e –tender portal to be submitted to AGM (Admn) before the scheduled date and time of submission of the tender otherwise the Bid will not be considered. Amendments, if any, to the tender document will be notified in the above website as and when such amendments are notified. It is the responsibility of the bidders who have downloaded the tender document from the website to keep themselves abreast of such amendments before submitting the tender document. Intending bidders are requested to register themselves with M/s. ITI through www.tenderwizard.com/BSNL for obtaining user-id, Digital Signature etc., by paying Vendor registration fee. Tender processing fee payment should be done during requisition of tender on line. BSNL has decided to use process of e-tendering for inviting this tender and thus the physical copy of the tender would not be sold.

Note: The bidder has to upload the scanned copy of all above said original documents including EMD and DD of tender fee as Bid-Annexure during online Bid-Submission.

Note: After successful submission of Registration details and Vendor registration fee and processing fee (as applicable). Please contact ITI Help desk (as given below), to get your registration accepted/activated. The bidder is requested to submit the all documents offline to AGM (Admn), O/o PGMT, BSNL, Alappuzha-1.

ITI Help desk Telephone/Mobile Nos Mr. Tharanath, 9746118519 e-mail [email protected] Mr Sanil Mob. 09747363433 e-mail :[email protected] [between 9:30 hrs to 18:00 hrs on working days]

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E-mail ID [email protected] BSNL Contact-1 Telephone/Mob Nos AGM(A), O/o GMT, BSNL, Alappuzha-0477- 2252300 between 10.00 hrs to 16:30 hrs on working days] E-mail ID [email protected]

5. Some Bidding related Information for this Tender (Sealed Bid) The entire bid-submission would be online on ETS. Broad outline of submissions are as follows: The documents should be uploaded as follows During “Request stage” of uploading, upload the following documents only.

1. DD for Tender Fee as per DNIT (Scanned copy on e-Tendering Portal and Physically to Tender Inviting Officer in case of e-Tender). 2. Bank Guarantee/DD for EMD as per DNIT (Scanned copy on e-Tendering Portal and Physically to Tender Inviting Officer in case of e-Tender). 3. Copy of Inspection Certificate issued by BSNL QA as per clause 4 of DNIT and copy of PO as per section 1 part A clause 4.(a)(ii) 4. Copy of valid TSEC/TAC as per clause-4 of DNIT. 5. Valid MSE Certificate, if applicable. In case the ownership of such MSE Entrepreneurs happens to be from SC/ST category, proof in this regard also need to be submitted. 6. Valid PAN No. 7. Valid Sales, GST Registration Certificate, TIN No or exemption certificate No 8. Power of Attorney as per clause 14.3 of Section-4 Part-A. (Scanned copy on eTendering Portal and original to be submitted to Tender Inviting Officer in case of e-Tender) 9. Copy of Certificate of Incorporation as per clause 10.1.1(i) of Section-4 Part-A. 10 .Article of Memorandum of Association or Partnership deed or Proprietorship deed as per clause 10.1.1 (j) of Section-4 Part-A. 11. Copy of GST Registration certificate. During “submission” stage, upload the remaining documents alone.

6. OFFLINE SUBMISSIONS: The bidder is requested to submit the Documents specified under Tender Information Clause 3.1, offline to AGM (Admn), O/o the GMT, BSNL, Alappuzha 688011 on or before the scheduled date and time specified in the tender document, in a sealed envelope.

Tender should be sent in sealed envelopes superscribed prominently “E-Tender for Infrastructure Maintenance in BSNL Alappuzha BA for the year 2019-2020.” and should be addressed to the AGM (Admn) O/o GMT, BSNL, Alappuzha BA.

Tenders should be sent by registered post with AD or should be dropped in the tender box available in the O/o AGM (Admn), BSNL, Alappuzha, Pin-688011. No separate

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10 acknowledgement will be issued. Tenders received in unsealed covers and those received late will be rejected. The tenders will be opened at 11:00 hours on 27/11/2019 by the officer authorized for this purpose by PGMT Alappuzha on his behalf, in the presence of the tenderers or their authorized representatives available. The envelope shall superscribed prominently “E-Tender for Infrastructure Maintenance in BSNL Alappuzha BA for the year 2019-2020.”, the TENDER NUMBER and the words “ DO NOT OPEN BEFORE 11:00 HOURS ON 27/11/2019”. It should hold three sealed covers inside. The cover should be sealed with sealing wax/tape.

Envelope Marking to be made Contents “E-Tender for Infrastructure Maintenance in BSNL Alappuzha BA for the year 2019-2020.” the Outer Cover 2 Inner envelopes TENDER NUMBER and the words “ DO NOT OPEN BEFORE 11:00 HOURS ON 27/11/2019 1) DD/BG/Banker’s Cheque First Inner “Bid Security (EMD) & Cost of towards Bid security Cover Tender document 2) DD for cost of tender document 1. The Bid document duly signed in each page along with seal. “E-Tender for Infrastructure 2) Full set of supporting Maintenance in BSNL Alappuzha documents as per clause 3.1 Second inner BA for the year 2019-2020.” the under tender information. Cover TENDER NUMBER and the words “ a) The bid form duly filled in and DO NOT OPEN BEFORE 11:00 signed along with company seal. HOURS ON 27/11/2019”. b) Power of Attorney in accordance with 3.1 (p) of Tender Information.

7. Special Note on Security of Bids

Security related functionality has been rigorously implemented in ETS in a multi- dimensional manner. Starting with 'Acceptance of Registration by the Service Provider', provision for security has been made at various stages in Electronic Tender's software. Specifically for Bid Submission, some security related aspects are outlined below:

As part of the Electronic Encrypter functionality, the contents of both the ‘Electronic Forms’ and the ‘Main- Bid’ are securely encrypted using a Pass-phrase created by the server itself. The Pass-phrase is more difficult to break. This method of bid-encryption does not have the security and data-integrity related vulnerabilities which are inherent in e- tendering systems which use Public- Key of the specified officer of a Buyer organization for bid-encryption. Bid-encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE), even if there is connivance between the

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11 concerned tender-opening officers of the Buyer organization and the personnel of e- tendering service provider.

It is important for the bidder to keep a safe record of his pass-phrase for decrypting his bid parts. In case the bidder is unable to provide the correct pass-phrase during TOE, it will not be possible to open his bid and his bid will be REJECTED (archived Un-opened). Before rejection in such a situation, the bidder will be given opportunity to himself enter the pass- phrase from his own office or from BSNL’s office if his representative is physically present there. Typically, ‘Pass-Phrase’ of the Bid-part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself, when demanded by the concerned Tender Opening Officer. There is an additional protection with SSL Encryption during transit from the client-end computer of a Supplier Organization to the e-tendering server/portal.

8.PUBLIC ONLINE TENDER OPENING EVENT (TOE) ETS offers a unique facility for ‘Public online Tender Opening Event (TOE)’, Tender opening Officers as well as authorized representatives of bidders can attend the Public online Tender Opening Event (TOE) from the comfort of their offices. For this purpose, representatives of bidders (i.e. Suppliers Organization) duly authorized are requested to carry a Laptop and Wireless connectivity to Internet. Every Legal requirement for a transparent and secure ‘Public Online Tender Opening Event (TOE)’ has been implemented on ETS. As soon as a Bid is decrypted with the corresponding Pass-phrase’ as submitted online by the bidder himself (during the TOE itself), salient points of the Bids are simultaneously made available for downloading by all participating bidders. The tedium of taking notes during a manual ‘Tender Opening Event’ is therefore replaced with this superior and convenient form of ‘Public Online Tender Opening Event (TOE)’. ETS has a unique facility of “Online Comparison Chart’ which is dynamically updated as each online bid is opened. The format of the chart is based on inputs provided by the Buyer for each tender. The information in the comparison chart is based on the data submitted by the Bidders. A detailed Technical and/or Financial Comparison Chart enhances Transparency. Detailed instructions are given on relevant screens. ETS has a unique facility of a detailed report titled ‘Minutes of Online Tender Opening Event (TOE) covering all important activities of ‘Online Tender Opening Event (TOE)’. This is available to all participating bidders for ‘Viewing/Downloading’. There are many more facilities and features on ETS. For a particular tender, the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer.

IMPORTANT NOTE: In case of internet related problem at a bidder’s end, especially during ‘critical events’ such as – a short period before bid submission deadline, during online public tender opening event, during e-auction, it is the bidder’s responsibility to have backup internet

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12 connections. In case there is a problem at the e-procurement/e-auction service-provider’s end (in the server, leased line etc) due to which all the bidders face a problem during critical events and this is brought to the notice of BSNL by the bidders in time, then BSNL will promptly re-schedule the affected events.

9. Other Instructions:

For further instructions, the vendor should visit the home -page of the portal (https://www.tenderwizard.com/BSNL). Important Note: It is strongly recommended that all authorized users of Supplier organizations should thoroughly peruse the information provided under the relevant links, and take appropriate action. This will prevent hiccups, and minimize teething problems during the use of ETS. The following ‘FOUR KEY INSTRUCTIONS for BIDDERS’ must be assiduously adhered to: Obtain individual Digital Signing Certificate (DSC or DC) well in advance of your first tender submission deadline on ETS Register your organization on ETS well in advance of your first tender submission deadline on ETS. Get your organization’s concerned executives trained on ETS well in advance of your first tender submission deadline on ETS Submit your bids well in advance of tender submission deadline on ETS (There could be last minute problems due to internet timeout, breakdown, etc While the first three instructions mentioned above are especially relevant to first-time users of ETS, the fourth instruction is relevant at all times.

IMPORTANT NOTE: It is strongly recommended that all authorized users of Suppliers Organizations should thoroughly peruse the information provided under the relevant links, and take appropriate action. This will prevent hiccups, and minimize teething problems during the use of ETS.

The following four key instructions for Bidders must be assiduously adhered to 1. Obtain individual Digital Signing Certificate (DSC or DC) well in advance of your first tender Submission deadline on ETS. 2. Register your organization on ETS well in advance of your first tender submission deadline on ETS. 3. Get your organization’s concerned executives trained well in advance of your first tender submission deadline on ETS. 4. Submit your bids well in advance of tender submission deadline on ETS (There could be last minute problems due to internet timeout, breakdown, etc., while the first three instructions mentioned above are especially relevant to first-time users of ETS, the fourth instruction is relevant at all times.

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10. Minimum Requirements at Bidders End 1. Computer System with good configuration (Min P IV, 1GB RAM, Windows XP). 2. Broadband connectivity. 3. Microsoft Internet explorer 6.0 or above. 4. Digital Certificate(s)

11. Vendors Training Program Vendors are requested to contact https://www.tenderwizard.com/BSNL for any assistance required for e-bidding.

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TENDER INFORMATION 1. Type of Tender: Single Stage bidding and two stage opening using Two Electronic Envelopes system. (Techno commercial bid & Financial Bid). Note: The bids will be evaluated techno-commercially and financial bids of techno-Commercially compliant bidders only shall be opening. 2. Bid Validity Period: 150 days from the date of tender opening. 3. Bid Document: 1. Techno-Commercial part of bid shall contain one set of the following documents. i) Tender documents in original duly filled in and signed by the tenderer on each page ii) DD for EMD in original or Banker’s cheque. iii) Cost of Tender Documents in form of Demand Draft (if applicable) iv) Check-list v) Tenderer’s profile and vendor master form. vi) Attested copy of the licence issued by the licensing officer under the Contract Labour (R&A) Act 1970. vii) Experience Certificate for minimum period of 2 years from one corporate organization / PSU / Government Body. viii) Attested copy of ESI registration certificate. ix) Attested copy of EPF registration certificate. x) Attested copy of GST Registration. xi) Those service provider having near relatives working as Executives / Non-executives in any BA in Kerala including Circle Office are not entitled to submit Tender documents for which each Tenderer should submit a “No Near-Relative Certificate”. The near relatives are Father, Mother, Father-in-law, Mother-in-law, Son, Son-in-law, Daughter, Daughter-in-law, Wife, Brother, Brother-in-law etc. If at a later date after awarding the work to successful Tenderer, it is found that near relatives are working as mentioned in this clause, the work awarded will be cancelled and security deposit paid in cash or Bank Guarantee will be encashed and credited to BSNL, Alappuzha 688011. The decision of PGMT, BSNL, Alappuzha is final in this regard. xii) Attested copy of PAN card. xiii) Letter of authorization if any. xiv) Attested copy of Registration of the firm or authenticated copy of Partnership deed in case of Partnership firms. xv) Attested copy of Memorandum of association & articles of association in case of company. xvi) Attested copy of “Power of Attorney” in case person other than the tenderer has signed the tender documents. xvii) The authorization of the competent authority for signing the tender document xviii) Mandate form for ECS/EFT. xix) Copies of audited P&L and balance sheet for the last two years. xx) Certificate regarding tender form downloaded from internet.

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15 xxi) In case of MSE bidders, valid certification from MSME with UAM number for the type of service to be rendered (valid on the date of opening tender). Such bidders are exempted from submission of cost of Tender form and EMD.

NOTE: SUBMISSION OF BIDS THROUGH ONLINE IS MANDATORY.

The financial part of bid shall contain one set of the complete price schedule.

Note: In case of e-tendering the following documents are required to be submitted off-line to AGM (Admn) O/o GMT, BSNL, Alappuzha BA, PIN- 688011 on or before the date and time of submission of bids in a sealed envelope.

1) EMD-Bid Security (Original Copy) 2) DD/Banker’s Cheque of Tender Fee. 3) All documents as specified in clause 3.1 of Tender information. 4) Tender Document in Original.

Note: For detailed instructions, please refer clause 6 in special instructions to bidders.

Payment Terms: As per clause under terms and conditions.

Note: All statutory taxes as applicable/deduction due to price variation etc will be deducted at source before payment.

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BHARAT SANCHAR NIGAM LIMITED (A Govt. of India Enterprise) O/o THE GENERAL MANAGER, ALAPPUZHA BA, ALAPPUZHA – 688011.

E-Tender for Infrastructure Maintenance in BSNL Alappuzha BA for the year 2019-2020.

TERMS AND CONDITIONS FOR THE CONTRACT

1. PREAMBLE

E- Tenders in the prescribed form are invited by The Principal General Manager, BSNL, Alappuzha BA from reputed and Experienced eligible contractors with Registered/Licensed agencies or Firms or Contractors or Labour Co-operative Societies, service providing agencies for Infrastructure Maintenance in BSNL Alappuzha BA, for One year.

2. SCOPE OF WORK

2.1. Refueling of diesel in DG sets and maintaining log book of diesel refueling. (The contractor supply of diesel on site shall be separate and is not part of this contract), to the extend required.

2.2. Starting/ stopping of the DG set in case of power failure and auto start up failure and making entries in the log book.

2.3. Switching on and switching off of ACs, and handling these.

2.4. Cleaning of power plant, DG battery, fire fighting equipment, other equipment at site.

2.5. Answering of telephone, noting of complaints and passing information immediately to specified competent authority.

2.6. Ensuring that the property of BSNL is not tampered with; custodianship of site with control of keys which will be provided to the contractor during the time of infrastructure maintenance. Movement of any material from the site is to be allowed only with a written permission of site in charge.

2.7. Restricting access to the site for un-authorized persons and opening & closing of gate and doors as and when required.

2.8. Lift operation

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2.9. Keeping exchange/office premises in hygienic conditions.

2.10. Informing BSNL officer in charge Exchange/ BTS about any alarm/ fault message immediately.

2.11. Surveillance of fire alarm, fire fighting equipment etc as required.

2.12. Running water pump (if any) as and when required.

2.13. Watering the plants (if any) as and when required.

2.14. Any other works that may be incidental and related to proper upkeep of the telecom site.

3. ELIGIBILITY

3.1 The bidder should be a registered firm under Companies act 1956. 3.2 The bidder should have 2 years experience of providing Housekeeping/ Upkeeping services/Infrastructure maintenance with a minimum of 25 labourers to Corporate Organisations/PSU/ Government Body. The document submitted should clearly state that the tenderer provided housekeeping/upkeeping/ Infrastructure maintenance/ General Service or similar service satisfactorily for a minimum period of TWO years. 3.3 The Contractor shall strictly abide by the provisions of various Acts of the State in force, in connection with the employment of the contract labour viz. Contract Labour R&A Act 1970, Workmen Compensation Act, EPF/ESI Act etc and all other regulation covered under Labour Act at present and in the currency of contract in force. 3.4 The Bidder should have registered with all Government registered agencies for carrying on the house keeping /Upkeeping services.

4 EARNEST MONEY DEPOSIT

EMD amount of Rs. 4,56,000/- (Rupees Four Lakhs Fifty Six Thousand only) can be deposited in the form of an “Account Payee” Crossed Demand Draft drawn on any Nationalized Bank /Scheduled Bank, payable to the AO (Cash), O/o GMT, BSNL, Alappuzha 688011.

4.1 The Demand Draft for the EMD amount should be attached along with the Tender. No other mode of payment for EMD will be accepted. Any tender received without the payment of EMD will be rejected. 4.2 The EMD will not carry any interest, while in the custody of BSNL. 4.3 The EMD will be refunded/returned to the unsuccessful tenderers after finalization of the tender on production of Advanced Stamped Receipt.

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4.4 The EMD of the successful tenderer will be treated as part of Security Deposit if he wishes so and the Security Deposit will not carry any interest. 4.5 The EMD will be forfeited if a successful tenderer does not pay the Security Deposit in time and execute the Agreement. 4.6 The EMD will be forfeited if the tenderer withdraws the tender before finalization of the tender.

5 TENDER SUBMISSION

5.1 The cover, containing the bid shall be wax-sealed and sent (only by Registered Post or Speed Post.) to Asst. General Manager (Admn), Office of the General Manager, BSNL, Alappuzha 688011 so as to reach the office on or before 10:00 hours of 27/11/2019. The tender may also be deposited in the tender box available in the O/o AGM (Admn), BSNL, Alappuzha– 688011. Any tender received after the stipulated time and date for closing of tender shall be rejected and returned unopened to the bidder.

5.2 The completed tender forms should be addressed to: Assistant General Manager (A), O/o GMT, BSNL Alappuzha 688011. 5.3 The envelope can be sent by Registered Post/Speed Post or can be directly dropped in the tender box provided in this office for this purpose on or before the due date and due time. Delay in postal transit will not be accepted as a valid reason for condoning the delay in submission of the tender.

5.4 a. All the pages duly signed by the tenderer as a token of acceptance of the terms and conditions of the tender form is to be submitted. b. No sheet is to be detached. 5.5 The tenderers should strictly adhere to the statutory regulations viz., Minimum wages Act, EPF Act ESI scheme, Contract Labour (R&A) Act 1970, workman compensation act, and rules 1971, any other regulation covered under Labour Act. Etc

5.6 The Tenderer should submit the copies of the following mandatory Documents / Certificates along with the Bid document and its annexures. i) Tender documents in original duly filled in and signed by the tenderer on each page. ii) DD for EMD in original. iii) Cost of Tender Documents in form of Demand Draft iv) Check-list v) Tenderer’s profile and vendor master form. vi) Attested copy of the licence issued by the licensing officer under the Contract Labour (R&A) Act 1970. vii) Experience Certificate for minimum period of 2 years from one corporate organization / PSU / Government Body. viii) Attested copy of ESI registration certificate. ix) Attested copy of EPF registration certificate. x) Attested copy of GST Registration.

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19 xi) Those service provider having near relatives working as Executives / Non-executives in any BA in Kerala including Circle Office are not entitled to submit Tender documents for which each Tenderer should submit a “No Near-Relative Certificate”. The near relatives are Father, Mother, Father-in-law, Mother-in-law, Son, Son-in-law, Daughter, Daughter-in-law, Wife, Brother, Brother-in-law etc. If at a later date after awarding the work to successful Tenderer, it is found that near relatives are working as mentioned in this clause, the work awarded will be cancelled and security deposit paid in cash or Bank Guarantee will be encashed and credited to BSNL, Alappuzha. The decision of GMT, BSNL, , Alappuzha is final in this regard. xii) Copy of PAN card. xiii) Letter of authorization if any. xiv) Attested copy of Registration of the firm or authenticated copy of Partnership deed in case of Partnership firms. xv) Attested copy of Memorandum of association & articles of association in case of company. xvi) Attested copy of “Power of Attorney” in case person other than the tenderer has signed the tender documents. xvii) The authorization of the competent authority for signing the tender document xviii) Mandate form for ECS/EFT. xix) Copies of audited P&L and balance sheet for the last two years. xx) Certificate regarding tender form downloaded from internet. xxi) In case of MSE bidders, Valid certification from MSME with UAM number for the type of service to be rendered (valid on the date of opening tender). Such bidders are exempted from submission of cost of Tender form and EMD.

The Tender which does not contain the above documents will be summarily rejected.

5.7 . GST

All invoices must be GST compliant and should indicate separately the CGST and SGST component for availing of ITC by BSNL. No bill will be entertained without GST details.

The agency has obligation to file GSTR-1 on a monthly/quarterly basis as the case may be and shall include all the invoices raised to BSNL.

5.8 The Successful contractor should arrange to pay the GST received from BSNL into the appropriate Accounts of the Government and enclose proof of such payment along with the Bill for the next month for scrutiny and acceptance. Failure to enclose the proof for payment will render the successful tenderer for such action as deemed fit in consultation with GST Authorities. The payment of bills will be withheld till such time proof of payment of GST is produced.

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5.9 After acceptance of the contract if any or all the terms and condition(s) of the contract is / are violated, the BSNL reserves the right to terminate the contract with the forfeiture of SECURITY DEPOSIT to BSNL by giving 15 days notice. The decision of GM, BSNL, Alappuzha is final in this respect. Debit /credit note to be issued wherever there is a change in the original Tax invoice issued already

5.10 Labour Rates:

[a] Rates fixed by State Government as per Minimum Wages Act for scheduled employment subject to change from time to time. [b] Rates fixed by Central Government for scheduled employments. [c] Rates fixed by an agreement The rates shall be highest in each category fixed in (a) or (b) or (c)above. The basic rates includes factor for payment of weekly off also.

5.10.1 THE AGENCIES AND THEIR RESPONSIBILITIES: a) The Contractor should possess valid license to take up the work in accordance with contract labour (R&A) Act. b) The contractor should have a valid labour license in executing the House Keeping / Up keeping and allied services issued by the competent authority. c) No child labour will be permitted. d) Persons below 18 years of age shall not be engaged. e) Persons above 55 years of age should not be engaged for any reason. However, this is subject to the outcome of the litigation pending before the Hon’ble High Court of Kerala. f) The Contractor should replace its persons when it is found by the designed officer that they are not discharging their duties as provided herein above. g) The contractor should strictly adhere to the Statutory Regulations viz. Wages, EPF, ESI etc as per schedule rate and adhere relevant Acts in force in respect of each item. The contractor should also make payments/contributions under the above enactments and produce proof of payment of wages, ESI & PF contributions every month with specific reference to the workers engaged by him under this tender, failing which the payments due to the contractor will be retained by BSNL. The Contractor shall supervise and control his employees and take disciplinary action against his employees whenever found necessary. h) In case of additional requirement of Up Keeping, the contractor should be in a position to supply them at approved rates only without delay. i) 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 persons engaged by the contractor, the contractor will be held fully responsible and should reimburse the cost of loss/ damage so incurred. The decision of Principal General Manager, BSNL, Alappuzha as to the quantum of loss/damage and negligence is final. j) In case any workman of the Contractor suffers injury/damage or meets with an accident during the discharge of duty, the entire cost of compensation should be

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borne by the contractor and the BSNL shall stand fully indemnified against any claim/damage/Compensation. k) The contractor shall supervise his employees and ensure that the work is executed by his workers in accordance with the requirement and should maintain a Register for recording the progress of the work from each station and the officials of BSNL shall inspect the work and issue necessary certificates if any regarding the progress of the work and quality of work executed. l) Minimum wages applicable and as fixed by the Central/ State Government/ BSNL should be arranged to be paid with pay slips (Pay Slips should contain the amount of EPF/ESI amount deducted and EPF/ESI (Numbers) periodically to the persons engaged by the contractor not later than the 7th of every month. If the rate quoted by the contractor is not sufficient to meet the payment of minimum wages and other statutory payments like ESI, PF etc, such tender(s) will be summarily rejected as non-responsive. m) All records as envisaged under Contract Labour Acts should be maintained and these records are subject to scrutiny by competent authorities. These records may be submitted for scrutiny of Asst. General Manager (Admn) by 15th of every month. n) The Contractor 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. o) The contractor shall be responsible for maintaining of the following register/ records required to be maintained under various labour laws. 1) Register of Attendance. 2) Register of Wages. 3) Register of Fines 4) Register of wage slips 5) Register of leave/Absentees. p) The contractor will obtain a valid license under the Contract Labour (R&A) Act 1970 and the contract labour (central) rules 1971 prior to the commencement of work, valid until the completion of the contract. Any other Certificate from any other jurisdiction will not be accepted and on failure to produce the license the work awarded shall stand cancelled. The Principal General Manager, BSNL, Alappuzha reserves the right to proceed further as deemed fit. q) The contractor shall ensure to meet their obligations arising out of the employees Provident fund and Miscellaneous Provisions Act 1952 by making regular deductions of employee’s contribution and payment of both employee’s and employer’s contribution for the persons engaged by them to the respective EPF Authorities . A copy of the challan showing deposit of the monthly contribution along with list of labourers engaged for this work covered under this tender to whom payment is made(ECR), shall invariably be provided to the Principal Employer every month. It is the responsibility of the Contractor to obtain annual EPF Balance Sheet and distribute them among all the persons engaged by them under proper acquitance under intimation to Assistant General Manager (A), O/o GMT, BSNL, Alappuzha.

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Each claim bill of the contractors must accompany the (i) list showing the details of labourers/employees engaged, (ii) duration of their engagement, (iii) the amount of wages paid to such labourers/employees for the duration in question,(iv) amount of EPF contributions (Both employer’s & Employees’ contribution) for the duration of engagement in question, paid to the EPF Authorities, (v) copies of authenticated documents of payments of such contribution to EPF/ESI Authorities (vi) a declaration from the contractors regarding compliance of the conditions of EPF Act, 1952 and (vii) copies of authenticated documents of payment of GST to the concerned Authorities. Necessary certificate regarding actual remittance of EPF/ESI pertaining to Alappuzha BA should be certified by the contractor along with EPF/ESI challan. The rates approved are inclusive of all taxes, the payment will be subject to availability of funds after sanction of bill by the competent authority through Cheques/RTGS/NEFT and deduction of Income Tax & all statuary/Govt. Taxes, for which information regarding Bank A/C No , IFS Code , Name of the Branch etc may be furnished.

r) The contractor while submitting the Bill, the following details are to be enclosed along with the bill:

1. List showing the details of persons to be engaged 2. Duration of their engagement 3. The amount of wages paid to such persons for the duration in question. (wage slip) 4. Amount of EPF contribution for the duration of engagement in question paid to the EPF Authorities mentioning the amount separately. 5. Copies of authenticated documents of payments of such contribution to EPF authorities and a declaration from the contractor regarding compliance of the conditions EPF Act.1952. 6. The amount of ESI Contribution for each person engaged for the work covered under this tender alongwith details of ESI Identity Card, ESI Number etc. The allotment of ESI number and authorization for treatment from the ESI authorities may be produced. 7. The Tenderer should adhere all the administrative rules of the contract labour (Central) Rules and their instructions issued by that office from time to time with respect to the establishment of the organisation and the persons engaged by them in relation to the welfare and financial activities of the persons under the contractor. 8. The engagement of the persons should be done after verifying the antecedents. 9. If any person is absent for more than one month and he/she is not likely to resume duty, the contractor should delete the names of such person and information in this regard to be given to PGMT, BSNL, Alappuzha and also shown furnish the name of the person added due to replacement. The EPF/ESI rules should also be applied for left out and replaced persons.

5.11 Last date of submission of Tender offer is 10:00 hrs on 27/11/2019.

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6. DATE OF OPENING 6.1 The tenders will be opened at 11:00Hrs on 27/11/2019 in the O/o AGM (Admn) BSNL, Alappuzha 688011 in the presence of the tenderers or their representatives present at that time and members of the committee duly nominated by GMT, BSNL, Alappuzha If the office remains closed or is not able to function due to unexpected reasons, the tender will be opened at the same time of the next following working day. 6.2 Any tender received after the deadline for submission of bids prescribed by BSNL Alappuzha shall be rejected and returned unopened to the tenderer. 6.3 If representative/authorized persons of the bidder is to attend the bid opening an authorization letter to this effect must be produced by him before he is allowed to participate in the bid opening. 6.4 PGMT, BSNL, Alappuzha – 688011 reserves the right to disqualify such tenderers who have a record of not meeting contractual obligations against earlier contracts entered into with the BSNL. 6.5 The contract awarded to the selected tenderer is NOT TRANSFERABLE.

7 IMPROPERLY PREPARED OFFER

7.1 All tenders in which any of the prescribed conditions are not fulfilled or incomplete in any respect are liable to be rejected. 7.2 If any clause is found added or altered the tender will be rejected.

8 RATE QUOTING METHOD

8.1 The rates should be quoted in figures and words on calendar month basis as shown in the Price Schedule of the BID. Any ambiguity in rates shall make the tender invalid. No clause should be added or altered in BID documents. 8.2 The contractor should strictly abide by the provisions of various acts of the state in force in connection with the employment of the contract labour. It is the responsibility of the contractor to ensure payment of wages as per Minimum Wages Act concerned, to the persons employed and EPF, ESI etc as applicable. 8.3 The tenderers are requested to contact the AGM (A) concerned to ascertain the quantum of work before quoting the service charge. If desired, the bidder may visit the premises on any working day between 11:00 AM & 4:00 PM by fixing appointment with the AGM(A) before submission of bid. 8.4 In case if there is any difference in amount written in figure and amount written in words, then the amount written in words will be treated as amount quoted. 8.5 Income Tax at appropriate rates will be deducted at source from the monthly payment of all the bills.

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9 EVALUATION CLAUSE

Evaluation of tender will be done on the basis of the lowest rates quoted in terms with the conditions prescribed above. 9.1 Normally the work will be awarded to the L1 bidder after observing all the required formalities. It shall be open to the PGMT, BSNL, Alappuzha to award the work to a bidder, who is not a bidder quoting the lowest rate, if he is satisfied that it would be in the best interest of BSNL to do so.

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

9.3 The BSNL may waive any minor infirmity and 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.

10 SECURITY DEPOSIT.

The tenderer whose rate is accepted has to deposit an amount of Rs. 11,40,000 /- (Rupees Eleven Lakhs Forty Thousand only) as Security Deposit within five days from the date of acceptance of the tender, which bears no interest and refundable on expiry of the period of contract after adjusting dues if any of the contractor under any head. In the event of failure to deposit within the time allowed, the tender will be rejected and the EMD forfeited, in such a situation, the second lowest tender will be accepted subject to the fulfillment of tender conditions. This security deposit is payable in the following forms also: a) By crossed Demand Draft obtained from any Nationalised/Scheduled Bank Payable to the Accounts Officer (Cash), O/o GMT, BSNL, Alappuzha 688011. b) A receipt for the deposit from a Nationalised Bank, receipt being made in the name of The Accounts Officer (Cash), O/o GMT, BSNL, Alappuzha 688011. c) The Security Deposit can also be given in the form of Bank Guarantee obtained from a Nationalised/Scheduled Bank valid for a period of 18 months from the date of execution of agreement. The Bank Guarantee should be extended further as and when demanded by BSNL on extension of tender period. d) The security deposit may alternatively be adjusted in the first bill instead of PBG, if desired by the first party. In such case, EMD will be treated as part of security deposit and balance only will be adjusted from first bill.

i) Failure to pay the Security Deposit within the specified time will entail the forfeiture of EMD and also rejection of tender. ii) If the tenderer withdraws the tender during the currency of the tender period, the Security Deposit will be forfeited. iii) Security Deposit of the successful tenderer will be forfeited to BSNL in the following cases.

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a) If after acceptance of the tender, the tenderer 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 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. d) If any of the statutory payments (ESI/EPF/GST etc) are found not remitted/paid.

10.1 The tenderer shall be fully responsible for the compliance of all the provisions applicable under labour laws like: a) Payment of Wages Act 1936 b) Minimum wages Act 1948 as applicable c) The Contract Labour (R & A) Act 1970 d) The employees Provident Fund and Miscellaneous Provisions Act 1952. e) Employees state Insurance Act 1948 f) Workmen Compensation Act 1923. g) All other acts and statutes applicable from time to time. h) The tenderer should comply with the provisions of all the above Acts without any omission.

11 AGREEMENT The successful tenderer will be required to execute an agreement in a Non-Judicial stamp paper of Rs.200/- (Rupees Two hundred only) within the time frame stipulated by GM Telecom, BSNL, Alappuzha 688011. The cost of stamp paper is to be borne by the successful tenderer. 12 CAUTION 12.1 The tenderer should execute the whole and every part of the work in the most substantial and workman like manner both as regards materials and otherwise in every respect in strict accordance with the specification. 12.2 In the event of any failure to comply with any of the clause of this tender notice or the agreement, the tender is liable to be cancelled and the Security Deposit is liable to be forfeited. 12.3 If the service of the tenderer is not satisfactory on any count, BSNL has the right to terminate the tender by giving 30 days notice.

13. RESPONSIBILITY OF THE CONTRACTOR

13.1. The Contractor should strictly adhere to the statutory regulation viz., Minimum wages Act, EPF Act, ESI Scheme, etc and any other regulations. Covering Labour contract in

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26 respect of Labourers/Employees by the contractor individuals should be supplied with details of EPF/ESI payments. All Labourers/Employees should be supplied with ESI cards to enable them to get treatment. In Nutshell all the labourers employed should be provided with all facilities as per the provision of Contract Labour R& A Act 1971. BSNL shall have no responsibility in this.

13.2 The Contractor shall be responsible for the discipline of the persons employed by him and he shall be responsible for the supervision of such employees and their control. If at any time, it is found that any person engaged by the contractor is indulging in misbehavior or misconduct etc., the unit officer shall have the right to inform the contractor to replace him and any such demand shall be binding on the Contractor.

13.3 The Contractor shall maintain complete personal data of persons employed by him such as, name, fathers name, permanent address, village/Taluk/district, Police station concerned, signature etc. and provide them to BSNL wherever asked for.

13.4 The Contractor should be responsible for the welfare of his employees as per the various State/Central Government Acts and Regulations. BSNL will not have any responsibility in this aspect.

13.5 No child labour will be permitted.

13.6. The Contractor will be solely responsible for the payment of salaries, allowances and other benefits to his employees and BSNL shall in no way responsible for the same. He should not wait for the BSNL’s payment to pay to his staff. He should make payment on or before 7th of the following month without fail. In case the contractor habitually delay the payment beyond 7th of every month his contract shall become liable for termination with 30 days notice.

13.7 In case of additional requirements the contractor should be in a position to supply them at the approved rate without delay.

13.8 In case of any workman of the contractor suffers injury/damage or meets with an accident during the discharge of duties, the entire cost of compensation should be borne by the tenderer and BSNL will stand indemnified against any claim for compensation.

13.9 Cooking/ halt after duty hours by the labourers of the contractors inside the building is not permitted.

13.10. The tenderer should provide First Aid Facilities for the contract labourer.

13.11 Any communications to the last known address will be sufficient for any purpose of written communications. Any plea of absence from Headquarters or change of address will not be accepted to establish the non-receipt of communication on the part of the tenderer.

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For this purpose it is desirable that the tenderer has a local office at Alappuzha with contact phone numbers, which should be mentioned in the tender form.

14. DAMAGES AND LOSSES

14.1 The successful tenderer will be engaged as “WORK CONTRACTOR” on “WORK CONTRACT BASIS” which is purely a work contract based on the principles of Law of Contract.

14.2 The tenderer getting the work order will be entirely responsible for all losses and damages caused during execution of work by his party to men, material and properties belonging to not only BSNL but also to other departments, organizations and individuals. BSNL shall have no liability whatsoever.

14.3 Any legal or financial implications while executing the work would vest with the tenderer only. BSNL shall have no liability whatsoever.

15. PENALTIES

Penal deductions will be made for poor services on the basis of assessment by the officers in the office of PGMT, BSNL, Alappuzha. Penal deductions will be made at the rate of 2% of the rates quoted per occasion/instance per month. The decision of the PGMT, BSNL, Alappuzha will be final in this regard.

16. TERMINATION

16.1 PGMT BSNL, Alappuzha may without prejudice to any other remedy for breach of contract, may terminate the contract in whole or in parts by giving 30days notice.

i) If the contractor fails to abide by any of the terms and conditions under the contract.

ii) PGMT, BSNL, Kerala, Alappuzha may without prejudice to other rights and remedies available to him under the applicable law get the work under this contract done by making alternate arrangement at the risk and cost of the tenderer in above circumstances.

16.2 PGMT, BSNL, Kerala, Alappuzha may also by giving written notice and without compensation to the Contractor terminate the contract if the Contractor becomes unwilling, bankrupt or otherwise insolvent without affecting its right of action for remedy, as deemed fit.

16.3 BSNL shall not be responsible for any loss or damage incurred to the contractor as a result of the termination of the contract. BSNL shall be free to take due action for the appointment of a new contractor during the period under notice thereafter. The

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28 contractor/the company will be debarred for further participation in the tender floated by this office.

16.4 The successful tenderer shall under no circumstances sublet the contract and if he does so, the PGMT, BSNL, Alappuzha whereupon by notice in writing rescind the contract.

17. ARBITRATION

17.1 In the event of any question, dispute of difference arising under this tender or in any connection there-with except as to matter the decision of which is specifically provided under this tender, the same shall be referred to the sole arbitration of Principal General Manager Telecom, Alappuzha or some other person appointed by the Principal General Manager Telecom, Alappuzha.

17.2 There will be no objection to any such appointment that the Arbitrator is 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 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 reason, whatsoever, Principal General Manager Telecom, BSNL Alappuzha shall appoint another person to act as arbitrator in accordance with terms of the agreement and the person so appointed shall be entitled to proceed from the stage at which it was left out by his predecessors.

17.3 The arbitrator may from time to time with the consent of parties enlarge the time for making and publishing the award. Subject to the aforesaid Indian Arbitration Act 1940 and the Rules made there under, any modification thereof for the time being in force shall be deemed to supply to the arbitration proceeding under this clause. The venue of the arbitration proceeding shall be the Office of the Principal General Manager Telecom, Alappuzha or such other places as the arbitrator may decide.

18. PAYMENT OF BILLS

18.1 The Contractor shall submit all bills in monthly basis in triplicate with the GST Registration Number to the Asst. General Manager (A), O/o GMT, BSNL, Pitchu Iyer Jn., Alappuzha-11 concerned along with an advance stamped receipt for processing for payment. The contractor shall enclose the payment copies of the previous months EPF, ESI statement contribution, GST etc., paid to the concerned authorities and all other statutory liabilities applicable. The contractor shall submit a certificate that he had paid the wages completely for the previous months with proof of payment. Necessary deductions towards income tax and surcharge and any other tax levied by State/Central Government /Local Administration shall be made from the bills at the time of payment as per rules in existence at that time. The Payment will be made only through RTGS/NEFT mode.

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18.2 In case of absence/Non-performing of work, pro-rata deductions will be made in the bills.

19. RIGHTS RESERVED FOR BSNL

19.1 PGMT, BSNL, Alappuzha reserves the right to blacklist a tenderer for a suitable period in case he fails to honour his tender without sufficient grounds.

19.2 BSNL reserves the right to reject any or all tenders without assigning any reason.

19.3 This award of work contract does not confer any right on the contractors employees for appointment/absorption in BSNL.

19.4 In case of any dispute before entering into contract, the decision of the PGMT, BSNL, Alappuzha shall be final.

19.5 The PGMT, BSNL, Alappuzha shall be the final authority for deciding the successful tenderer and his decision will be final.

20. VALIDITY

The period of contract shall normally be one year from the date of awarding of tender but can be extended for a further period of one year or till such time a fresh tender is finalized whichever is earlier at the same rate with the same terms and conditions.

21. RESTRICTIONS

Any attempt for negotiations direct or indirect or any attempt to secure any interest for actual prospective tenderer or influence by any means for the acceptance of particular tender will render the concerned tenderer liable for exclusion from consideration.

22. FORCE MAJEURE

22.1 If at 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– FORCE MAJEURE conditions – neither party shall, subject to other conditions of the contract, by reasons of such events be entitled to claim for damages against the other in respect of such non performance or delay in performance.

22.2 The Force-Majeure shall include war or hostility, or acts of the public enemy, or civil commotion, or sabotage or fire, or floods or explosions, or epidemics or quarantine or restrictions or strikes or lockouts or acts of God (herein after referred to as eventuality).

22.3 Provided such Force-Majeure provisions apply only if notice of happening of any such eventuality is given by either party claiming concession to the other within 21 days from the date of occurrence thereof.

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22.4 Provided activities under the contract that were interrupted under the FORCE- MAJEURE event are resumed as soon as practicable after such event comes to an end, or cease to exist, and the decision of the PGMT, BSNL, Alappuzha as to whether the activities have been so resumed or not, shall be final and conclusive.

22.5 Provided further that if the performance in whole or part of, any obligation under this contract is prevented or delayed by reasons, for any such events for a period exceeding 60 days, either party may at his option terminate the contract.

23. COMPLIANCE WITH LAWS AND REGULATION

23.1 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.

23.2 All payments of salaries, leave, EPF, ESI Contribution etc for the labourers engaged by the tenderer for the execution of the tender work and all other liabilities imposed by the Contract Labour (R & A) Act 1970 and the EPF and ESI organizations wherever applicable will be the sole responsibility of the tenderer and the BSNL shall stand indemnified in this regard.

24. SET OFF

Any sum of money due and payable to the tenderer (including Security Deposit refundable to him) under this contract may be appropriated by the PGMT, BSNL, Alappuzha and set off against any claim of the BSNL for payment of a sum of money arising out of this contract or under any other contract made by the contractor with the BSNL.

Sd/-

सहा.महाबंधक(शा) Assistant General Manager (Admn ), O/o GMT, BSNL, Alappuzha BA, Alappuzha – 688011.

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FINANCIAL BID (PRICE SCHEDULE) 1 Basic Wage As per CGMT, Tvm order No: Genl/200-1/2014/I/26 dated 6th June 2016 as amended from time to time, to which the VDA as applicable . (Rs.318/343/351+VDA as applicable) 2 EPF, ESI As per Central Government orders issued from time to time 3 Service Charge (A) Rs. …………………./per head/ per day ( 8 hours) (Amount/per head / in figures per day) In words……………………

4 GST As per the approved rates.

The above rates for Service Charge is quoted taking into account the clarifications contained in the Explanatory Note forming part of this Financial Bid and shall remain unchanged.

EXPLANATORY NOTE ON SCHEDULE OF STANDARD WAGES.

The basic rate have been taken based on the rate fixed by the BSNL, CGMT,Tvm order No: Genl/200-1/2014/I/26 dated 6th June 2016 as amended from time to time, to which the VDA as applicable will be added. The workers engaged for lesser hours will be paid proportionately. The wages to be paid to workers engaged by the contractor cannot fall below the rates presented in the Schedule of Standard Wages forming part of the financial bid. In addition, the contractor has to pay mandatory dues like EPF, ESI, GST, etc as applicable. The statutory deduction as applicable now and its current rates are furnished in the financial bid form. Any increase / decrease in the estimated wages arising out of the revision of basic minimum wages, rate of VDA and mandatory dues to be borne by the contractor will alone be reimbursed by BSNL. The bidder will only quote the service charges to be paid per shift (8Hrs) per day. The rate of service charges as quoted by the bidder shall remain unchanged during the entire tenure of the contract irrespective of any revisions occurring for any elements constituting the standard wages, during the currency of the contract. Consequently, there shall be no change in the actual amount of service charges accruing to the contractor under this tender during the entire period of the contract. The service charge to be quoted shall take care of costs to be borne by the contractor including any additional cost on employees except the minimum wages as applicable from time to time. BSNL shall be liable to reimburse only the minimum wages and statutory contributions to be made by the contractor corresponding to such minimum wages. If the rate quoted is not meeting the minimum requirement, such tender(s) will be

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32 summarily rejected as non-responsive. BSNL also reserve the right to enhance or decrease the minimum wages to be paid to the workers on the basis of the directions received from the competent authority during the period of contract. However, the amount of service charge will remain unchanged.

Declaration by the Contractor

I ……………………………………………………………………., the undersigned, have read out and understood the terms and conditions and description of works as available in the Tender Document mentioned above and I am agreeable to all the terms and conditions, in case my quotation for the above said work is accepted.

Place: Date: Signature of the Contractor

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ANNEXURE -I

NO NEAR-RELATIVE CERTIFICATE

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

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

Date

(Signature of Tenderer)

Name & Seal

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Annexure II

Letter of Authorisation for attending Bid opening

(To be submitted before Tender Opening)

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

Following person is/are hereby authorized 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 signature 1 2

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

Note: 1. A maximum of two representatives will be permitted per bid to attend bid opening. 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

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Annexure III

AGREEMENT

This agreement is made at Alappuzha on this ______day of ______(month) ______(year) between M/s. ______(thereinafter called the first party) and Assistant General Manager (A), Office of the General Manager, Telecommunications, BSNL Alappuzha on behalf of the Principal General Manager, BSNL, Alappuzha BA, Alappuzha (hereafter called the second party) where as the contractor has offered to enter into contract with the said BSNL for Infrastructure Maintenance in BSNL Alappuzha BA on the terms and conditions and herein contained and at the rates of …………………………..(service charges) approved by BSNL have been duly accepted and where as the necessary security deposits have been furnished in accordance with the provisions of the tender document ……………………………………………...... (Tender No) and whereas no interest will be claimed on the security deposits. Now these presents witness and it is hereby agreed and declared by and between the parties to these presents as follows:

1. This agreement is effective from the …………………………… for a period of one year from the date of effect.

2. The tenderer whose rate is accepted has to deposit an amount of Rs. 11,40,000 /- (Rupees Eleven Lakhs Forty Thousand only) as Security Deposit within five days from the date of acceptance of the tender, which bears no interest and refundable on expiry of the period of contract after adjusting dues if any of the contractor under any head. The security deposit may alternatively be adjusted in the first bill instead of PBG, if desired by the first party. In such case, EMD will be treated as part of security deposit and balance only will be adjusted from first bill.

3. The first party shall arrange for the following works as detailed below in Alappuzha BA.

Details of Infrastructure Maintenance works 1. Refilling of diesel in DG sets and maintaining log book of diesel refilling. (The contract for supply of diesel on site shall be separate and is not part of this contract), to the extent required.

2. Starting/ stopping of the DG set in case of power failure and auto start up failure and making entries in the log book.

3. Switching on and switching off of ACs, and handling these.

4. Cleaning of power plant, DG battery, fire fighting equipment, other equipment at site.

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5. Answering of telephone, noting of complaints and passing information immediately to specified competent authority.

6. Ensuring that the property of BSNL is not tampered with; custodianship of site with control of keys which will be provided to the contractor during the time of infrastructure maintenance. Movement of any material from the site is to be allowed only with a written permission of site in charge.

7. Restricting access to the site for un-authorized persons and opening & closing of gate and doors as and when required. 8. Lift operation 9. Keeping exchange/office premises in hygienic conditions. 10. Informing BSNL officer in charge Exchange/BTS about any alarm/fault message immediately. 11. Help in testing of fire alarm, fire fighting equipment etc when desired by officer in charge. 12. Running water pump (if any) as and when required. 13. Watering the plants (if any) as and when required. 14. Any other works that may be incidental and related to proper upkeep of the telecom site. a) A register should be maintained and the signature of the nodal officer in each floor may be obtained and a copy of register may be submitted along with the bill. b) For Infrastructure Maintenance workers duty hours may be scheduled as per Annexure as required with minor changes , and are supposed to do any work assigned for proper up keep of the telecom site. c) The contractor should carry out any other routine Infrastructure Maintenance/ upkeeping/housekeeping work required to be carried out which are not detailed above, but necessary for the normal day to day functioning of the office. All the above works will be done to the satisfaction of the officer in charge of the office.

d) The persons engaged for Infrastructure Maintenance works undertaken by the first party (______) shall be their employees and they shall have no right for regular employment and any other benefit from BSNL on the basis of the contract service. e) BSNL shall have the right to request the first party (______) at any time to replace any or all the persons engaged by the contractor for the work at the BSNL office without assigning any reason.

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f) The second party (BSNL) shall pay the wages of the labourers according to the wages fixed by Central/State Labour Commissioner/BSNL along with the service charge and other taxes by RTGS/NEFT payment in each calendar month on submission of the bill by the first party and after satisfying by the second party that the work has been carried out by the first party satisfactorily. If the work is not done satisfactorily, deduction will be made in the service charges as deemed fit by the authorities. The contractor should specifically note that there will be no compromise in the case of works assigned. Suitable penalty as deemed fit by the officer in charge can be/will be imposed for non compliance of orders/instructions without any prior notice and the aggregate amount of such penalty in a month will be deducted from the bill of that month.

g) The first party (______) shall be responsible for any loss or damage of BSNL property caused by the negligence of the persons engaged by him in the performance of his work. They shall have no future claim/right other than those specified in this agreement.

h) The first party (______) will be responsible for all the statutory benefits like ESI, EPF, Uniform and medical facility, accident claim etc., and the pay of the persons employed by the first party. Any type of claims/disputes by the employees will be settled by the contractor.

i) The contractor should ensure that all applicable labour legislation including are complied with.

j) The uniform and other dressing materials required for the workers employed by the first party must be provided by him. The second party will be at liberty to terminate those agreements at any time giving one months notice.

k) BSNL reserves the right to increase the Security Deposit on increase of labourers engaged from the present approved number and the contractor is bound to place the increased Security Deposit as and when called for.

l) Penalty as per clause no. 15 in Terms and Conditions of NIT is applicable for poor service.

m) The period of contract shall be for a period of one year from the date of awarding of contract and the same can be extended further for a period of one year with a break on satisfactory performance or till a fresh tender is finalized whichever is earlier, under the same terms and conditions.

n) The first party hereby agrees that during the tenure of this agreement it shall not misuse or allow any other person to misuse the premises of BSNL.

4. The contractor is fully aware of the terms and conditions of the tender given in the above said tender documents. The contractor shall abide by the terms and conditions,

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38 rules, guidelines, safety precautions etc. stipulated in the tender document including any correspondence issued by the BSNL to the contractor having bearing on execution of work and payments of work to be done under the contract.

5. The contractor shall, during the period of this contract, that is to say from ………………………………. to ……………………………. or until this contract shall be determined by such notice as is hereinafter mentioned, supply sufficient manpower employed at his own expenses in BSNL, Alappuzha BA at service charges of Rs …………….…………..per head/per day (8 Hrs). It is understood by the contractor that the number of manpower mentioned on the schedule is likely to change as per actual requirements as demanded by exigencies of service to the rate of -25% to +10%.

6. The NIT(notice inviting tender), Bid Documents(qualifying and financial), letter of intent, approved rates and such other additional particulars instructions shall be deemed and taken to be an integral part of the contract and shall also be deemed to be included in the expression” The agreement” or “the Contract” wherever herein used.

7. The contractor here by declares that nobody connected with or in the employment of the Bharat Sanchar Nigam Ltd is not/ shall ever be admitted as partner in the contract.

8. The contractor shall abide by the terms and conditions, rules/regulations/laws/ Government instructions/ Statutes etc that are applicable/will be made applicable and/or aimed to protect the interest of workers/employees employed by me/us in the past and during the course of execution of the said contract with BSNL.

9. The contractor shall fully protect, indemnify and hold harmless BSNL and its employees , officers, directors, agents, or representatives from and against any/all liabilities, losses, actions, judgements, damages, fines, penalties and costs (including legal costs and disbursements) arising from or relating to Any breach/ violation of any directions, order from any Government Authority, any provisions of labour laws or any other laws, statute or regulations, that area or will be aimed to protect the interest of orders/labourers engaged by the contractor in the past and during the course of this contract with BSNL.

OR

Any other payments, claims or liabilities that may arise from ensuring complainer or the provisions of any of the labour laws or any other laws etc.

OR

Any other claim made by any third party in connection with any violation of any of the laws the laws, guidelines, instructions etc.

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

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2.1 Securities;

2.1.1 The First party undertakes to abide by the rules and regulation as decided by the parties for the physical protection of information, infrastructure and other related things.

2.2 Code of conduct

First party 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 second party appoints suitable and responsible person to supervise the proper implementation of such code, revised and amended up to date.

2.3 Additional activities

The First party 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 .

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

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

2.6 The rates approved are inclusive of all taxes the payment will be subject to availability of funds after sanction of bill by the competent authority through Cheques/RTGS/NEFT and deduction of Income Tax & all statuary/Govt. Taxes. The first party shall submit the copy of GST paid details and EPF/ESI paid challan for the previous month along with the bill. While preparing the bill the second party shall bifurcate the amount of GSTS in bill submitted. The first party shall submit the monthly bill monthly duly signed and verified by the officer’s in-charge for satisfactory work execution. Payment will be made through RTGS/NEFT for which information regarding Bank A/C No, IFS Code, Name of the Branch etc may be furnished.

3. CONSIDERATIONS

3.1 Monthly Payment

3.1.1 The Second party shall pay to the First party monthly bills for wages and service charges. Any other demand for payment by the first party which is due and legitimate will be entertained strictly in accordance with the instructions/ orders issued by the competent authority from time to time.

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3.1.2 The service charge shall not be increased under any circumstances what so ever by the first party, except as specifically provided under this contract.

3.2 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 Second party after signing this agreement, will be borne by the First party.

4. LIMITATION OF AGREEMENT

4.1 Trademarks, trade names and trade secrets

4.1.1 The First party 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 Second party. It shall derive its power to use from the provision and clauses of this agreement only.

4.1.2 The First party shall not claim any ownership right on premises as it shall be property of Second party. 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.

4.1.3 The first party shall not incorporate any word or design deceptively and confusingly similar to Second party’s trade-mark, trade-name, design in its trade-mark, trade-name and trade-style other then the subject matter of the agreement.

4.1.4 The First party agrees not to divulge any trade secrets that may be made available to it, in confidence. The First party further agrees to ensure fidelity of information imparted to or available to them.

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

4.2 No ‘Agency’

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

4.2.2 The parties here to agrees that all the litigation-disputes/claims arising or taking place with the third parties after signing this agreement shall be contested/or settle by the

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First party itself. The Second party shall not be responsible for the same in any circumstances.

5. INSURANCE

The First party 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 Second party, in case it requires it, in any compliance issue.

6. TENURE AND RENEWAL OF THE AGREEMENT

6.1 Tenure

The tenure of this MOU shall expire only under the circumstances until unless specifically agreed and in written form accepted by parties, though this MOU ceased to exists if

6.1.1 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.

6.1.2 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, except as specifically provided under this agreement.

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

6.3 Notwithstanding anything elsewhere herein provided and in addition to any other right or remedy of the BSNL under the Contract or otherwise, the BSNL shall be entitled to terminate the Contract by written notice at any time during the currency on or after the occurrence of any one or more of the following events or contingencies, namely:

6.3.1 Default or failure by the first party of any of the obligations of the first party under the Contract, including but not limited to:

(a) Negligence in carrying out the works or carrying out of work found to be unsatisfactory by the competent authority in BSNL

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

(c) Suspension of the entire works or any part thereof, for a period of 14 (fourteen) days or more without due authority from the BSNL

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(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 first party to be paid, performed and/ or observed;

(e) Failure to deposit the Initial Security Deposit within 10 (ten) days of receipt by the first party of Acceptance of Tender (in case applicable).

(f) Failure to execute the Contract in terms of the Form of Contract forming part of the Tender Documents within 10(ten) days of notice in this behalf from the BSNL;

6.3.2 If the first party is incapable of carrying out the work;

6.3.3 If the first party misconducts himself in any manner;

6.3.4 If there is any change in the constitution of the first party or in the circumstances or organization of the first party, which is detrimental to the interests of the work or the BSNL;

6.3.5 Dissolution of the first party or commencement of liquidation or winding up (whether voluntary or compulsory) of the first party or appointment of a receiver or manager of any of the first party's assets and/ or insolvency of the first party or any Partner of the first party;

6.3.6 Distress, execution, or other legal process being levied on or upon any of the party of first party's goods and/ or assets;

6.3.7 Death of the first party;

6.3.8 If upon any change in the Partnership/constitution of a first party 's organization (if a Partnership), the BSNL shall refuse to continue the contract with the re-constituted firm;

6.3.9 If the first party 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;

6.3.10 If the first party shall sub-contract the whole or any part of the work in contravention of the provisions of the Contract

6.3.11 The decision of the Principal General Manager, Alappuzha BA, as to whether any of the events/contingencies mentioned in above Clauses, entitling the BSNL to terminate the Contract, has occurred or not, shall be final and binding upon the party of first part. However, before invoking action under this clause, BSNL shall give prior written notice to the first party to rectify the problem areas within maximum two weeks of time.

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6.3.12. In all cases where the contract is terminated on the ground of unsatisfactory performance or on account of violation of any of the terms and conditions of the contract, the amount of performance guarantee furnished by the contractor irrespective of the manner in which it is held by BSNL, shall be forfeited fully in favour of BSNL. This shall be without prejudice to the right of BSNL to initiate any other action as deems fit to recover the loss or damages it has suffered on account of such termination of the contract. Whether the termination of the contract shall attract the provisions under this clause shall be decided solely by the Principal General Manager, Alappuzha BA and this decision shall be final and binding on the contractor.

6.4 The authority of premises shall stand terminated in the following events

6.4.1 Upon the expiry of the contracted period

6.4.2 Upon occurrences of instances mentioned in clause above

6.4.3 In the event of BSNL deciding at its discretion that such termination is required in its interest.

7. EFFECT OF NON- RENEWAL

Both the parties shall ensure and work to clear all the dues, liabilities and make such arrangements, so to avoid inconvenience to both parties.

8. INDEMINIFICATION

8.1 Loses and damages

8.1.1 The first Party and the indemnifiers are jointly and severally responsible for all losses to damages to third person, originating in or connected with the conduct of the First Party for all claims demand for damages to properties or for injury, illness, or death of persons directly or indirectly resulting there from.

8.1.2 The agency and indemnifier agree to defend, Indemnifies and save the second party from any harm with respect to any such claims, losses, all damages result from the willful negligence of the First party, its employees or agents. The first party and the indemnifier shall be obliged to immediately intimate to the second party in the event of any unlawful use of either the second Party’s trade mark, trade name, design, copyright, patent by any third party. If it is established that such activity is the act of either the first Party itself or any of or all of its directors Party of First Party officers Key personnel employees etc the indemnifier here by indemnifies the second party in respect all expense that may be incurred by the second Party in stopping such activity. The First Party agrees to assist the second Party in taking appropriate action and further agrees to commence such action if legal requirement so dictate.

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8.1.3 Personnel indemnification;

(a) The indemnifier here by personally indemnifies the First party in respect of every claim, which the First party may have against the Second Party under this agreement and further personnel guarantees payment of the same to the First party. This shall not affect any right of the First party to proceed against the Second party in respect of such claim or claims.

(b) The indemnifier here by personally indemnifies the Second party in respect of every claim, which the Second party may have against the First party under this agreement and further personnel guarantees payment of the same to the Second party. This shall not affect any right of the Second party to proceed against the First party in respect of such claim or claims.

9. 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 agree 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.

10. DEFAULTS

10.1 The occurrence of the following events / acts shall constitute good and sufficient cause for the second party 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 First Party such notice to redressal of the issues at such date as the second Party in their discretion determine and cancel the contract.

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

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

10.1.3 In case any of the condition and requirements mentioned in the expression of interest (EOI) application given to the second party by the first party is found to be misleading, false and incorrect, the second party reserves the right to cancel the agreement at any time.

10.2 In case of the following non-performance by the first party the penalty enumerated therein will be imposed by the second party.

10.2.1 The first party shall be responsible for calling the concerned officer In-charge at the work site (i.e. Telephone Exchange, BTS etc.) at the time of starting as well as end of duty. If at any of time the first party fails to do so, 5% of the monthly contract amount will be deducted from the payment of the first party for every such instance of such negligence on their part.

10.2.2 The second party 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 first party 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 first party.

11 Miscellaneous/General conditions

11.1 Applicable laws This agreement including any mater relating thereto arising after its expiry or termination shall be governed by the laws of Indian union. 11.2 Severability If any provision of this agreement is held invalid by the court decree the remainder of this agreement shall not be invalidated. 11.3Registration 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.

12. Arbitration and jurisdiction

12.1 In the event of any question, dispute or difference arising under this agreement or in connection therewith, the same shall be referred to the sole arbitrator of the second party. The agreement to appoint an arbitrator will be in accordance with the Arbitration and conciliation Act, 1996. There will be no objection to any such appointment on the ground that the arbitrator is a Government Servant or that he has to deal with the matter to which

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46 the agreement relates or that in the course of his duties as a Government Servant he has expressed his views on all or any of the matters in dispute. The award of the arbitrator shall be final and binding on both the parties to the agreement. In the event of such an arbitrator to whom the matter is originally referred, being transferred or vacating his office or being unable to act for any reason whatsoever, the second party 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.

12.2 The arbitrator may from time to time with the consent of both the parties enlarge the time frame from making and publishing the award. Subject to the aforesaid, Arbitrator and Conciliation Act, 1996 and the rules made there under, any modification thereof for the time being in force shall be deemed to apply to the arbitration proceeding under this clause.

12.3 The venue of the arbitration proceeding shall be at such places as the arbitrator may decide. This agreement consisting …. articles and running into pages (excluding the copies of resolution) carefully read, and after understanding the contents, was signed by the second Party and the First Party on the……………………… day of 2019 at……………………………..………

In witness whereof to the parties, to those presents have here into set their respective hands and seals the day……………… month…………..of 2019.

Signed sealed & Delivered by the above named contractor

In the presence of Witness:

1. 2.

Signed sealed & Delivered on behalf of BSNL by in the presence of

Signature of the Witness Name and address of Witness Witness:

1. 2.

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Annexure IV BANK GUARANTEE BOND FORM for SECURITY DEPOSIT

Whereas ……………………………………………………………………………………………………………………..…. ( hereinafter called “the Contractor”) has been awarded the contract for providing Infrastructure Maintenance works in BSNL, Alappuzha BA as per tender number …………………………………………………………………………………………………….KNOW ALL MEN by these Presents that WE ………………………….of ……………………………….. having our registered office at ……………………..……………… (hereinafter called the “the surety” ) are bound unto Bharat Sanchar Nigam Ltd (hereinafter called “BSNL” ) in the sum of ………………………….for which payment will and truly to be made of the said Department, the Bank binds itself, its successors and assigns by these presents.

THE CONDITIONS of the obligation are:

1. Security Deposit of the successful tenderer will be forfeited to BSNL in the following cases.

a) If after acceptance of the tender, the tenderer 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. d) If any of the statutory payments (EPF/ESI/Service Tax) are found not remitted/paid.

2. The Security Deposit will not bear any interest.

3. Security deposit will be released after fulfilling the contractual obligations during the contract period and after getting necessary “No due and satisfactory completion certificate” from the Controlling officers of the attached units concerned.

We undertake to pay to BSNL up to the above amount upon receipt of its first written demand without BSNL having to substantiate its demand, provided that in its demand, BSNL will note that the amount claimed by it is due to it owing to the occurrence of one or two or all of three conditions specifying the occurred condition or conditions. This guarantee will remain in force up to and including One hundred and eighty (180) days after the Period of Contract validity, including the extended period if any and any demand in respect thereof should reach the Bank not later than the above date.

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Validity period from ……………….…. to …..………………. Extended period upto …………………

Signature of the Bank with office seal

Signature of the Witness Name and address of Witness

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ANNEXURE V

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

To The Asst. General Manager (Admn), O/o GMT, 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. Name of the Bank : 3. Name of the Branch : 4. Nature of Account : 5. Account Number : 6. Bank Code (IFS Code) : 7. Address :

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

Note : Please attach a copy of Front page of Bank pass book or a cancelled cheque leaf.

बडर का हतार Signature of the Bidder

50

Annexure – VI

CERTIFICATE

(FOR BID DOCUMENT DOWN LOADED FROM WEBSITE)

I, …………………………………………(bidder/ authorised signatory) hereby declare that the tender document submitted has been downloaded from the website https://www.tenderwizard.com/BSNL and no addition/ deletion/correction has been made in the downloaded tender document. I also declare that I have enclosed DD for Rs ……………… towards the cost of tender document.

Signature of bidder/ Authorised Signatory Place: Date:

Name of bidder

Seal of the bidder

बडर का हतार Signature of the Bidder

51

Annexure VII

BID FORM E TENDER: UNDERTAKING

Tender . No: GNL/IM/ALP-BA/2019-20/02 Dtd at ALP, the 29/10/2019

To The Asst. General Manager (Admn) O/o GMT, BSNL, Alappuzha 688011.

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 Infrastructure Maintenance at various offices, in conformity with said conditions of contract and specifications as maybe ascertained in accordance with the schedule of prices attached herewith and made part of this bid.

We undertake, if our Bid is accepted, we will execute the work in accordance with specifications, time limits & terms and conditions stipulated in the tender document. If our Bid is accepted, we will submit the securities as per the conditions mentioned in the contract.

We agree to abide by this Bid for a period of 150 days from the date fixed for Bid opening and it shall remain binding upon us and may be accepted at any time before the expiry of that period. Until a formal Agreement is prepared and executed, this Bid together with your written acceptance thereof in your notification of award shall constitute a binding contract between us.

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

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

Signature of Authorised signatory ………………………….. in capacity of …………………………………………………

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

बडर का हतार Signature of the Bidder

52

TENDERER’S PROFILE

Ref: Tender . No.GNL/IM/ALP-BA/2019-20/02 Dtd at ALP the 29/10/2019

1 Name of bidder

Postal Address

2

3 Contact telephone number (Land & Mobile)

4 FAX Number

5 e-mail Address

6 Labour Registration No Income Tax permanent account number 7 (PAN) 8 GST Registration number, if available.

9 Details of ESI Registration

10 Details of EPF Registration

11 Bank Account No.

12 Name of Bank

13 Name of Branch

14 IFSC Code Details of experience in providing similar 15 services in BSNL 16 Details of social security schemes if any. Details of providing similar services in any 17 other organizations The bidder may enclose attested copy documents by a Gazetted officer in proof to support above items.

Signature of tenderer

Name and full address

Dated this day of 2019

बडर का हतार Signature of the Bidder

53

List of Stations ANNEXURE IX

Division Exchange Duty Hrs ALLEPPEY 24 RLU ALLEPPEY 16 KALARCODE 16 ALP KAICHOONDY 12 MANNANCHERRY 12 PATHIRAPPALLY 16 AMBALAPUZHA 16 THAKAZHY 12 MEDICAL COLLEGE 16 EDATHUA 16 AMZ MUTTAR 16 KAINAKARY 12 KAVALAM 12 PULINCUNNU 12 VELIYANAD 8 AROOR 16 PERUMBALAM 8 KUTHIATHODE 16 ARR PALLIPURAM 16 PANAVALLY 12 THYCATTUSSERRY 12 THIRUVANVANDOOR 16 CHENGANNUR 16 KARAKKAD 8 CGR MULAKUZHA 12 KOLLAKADAVU 16 MANNAR 12 HARIPPAD 16 KARTHIKAPPALLY 8 HPD MUTHUKULAM 16 KARUVATTA 12 MUTTOM 8 KATTANAM 16 KAYAMKULAM 16 KYK KRISHNAPURAM 16 PULLUKULANGARA 16

बडर का हतार Signature of the Bidder

54

Division Exchange Duty Hrs CHETTIKULANGARA 16 PATHIYOOR 12 MVK THEKKEKKARA 8 CHENNITHALA 8 MAVELIKKARA 16 NOORANAD 16 PALAMEL 12 NOR CHUNAKARA 8 EDAPPON 8 MANKAMKUZHY 12 CHERTHALA 16 STL S L PURAM 16 CSC ALP 8 GMO 8

MICROWAVE 12 VELLAKKINAR 4 TOTAL 680

Note : Shifts may be of 4hrs/8hrs/12hrs/16hrs/24hrs.

बडर का हतार Signature of the Bidder

55

बडर का हतार Signature of the Bidder

56

बडर का हतार Signature of the Bidder