Bharat Sanchar Nigam Limited: Telephone Exchange Lw. Rd. Hardoi

Tender For maintenance of minilink and associated works
Bharat Sanchar Nigam Limited

OFFICE OF THE TELECOM DISTRICT MANAGER
HARDOI 241001
Affix passport
Size
Photograph self
attested
Cost of Tender Form: - Rs. 525/- only

Name & Address of the Contractor .
..
Date of Issue2014
Signature of Issuing authority..
TENDER DOCUMENTS FOR

Maintenance of Minilink And
Associated Works
TELEPHONE EXCHANGE LW. RD.

HARDOI
Page | 1
Signature of the tenderer
INDEX
Sr. No.
SECTION
DESCRIPTION
PAGES
QUALIFYING BID DOCUMENT (PART I)

1.
SECTION I
NOTICE INVITING TENDER
3-4
2.
SECTION II
BID FORM
5-6
3.
SECTION III
DETAILS OF TENDERER AND PREPARATION & SUBM. OF BIDs
7-10
4.
SECTION IV
GENERAL TERMS & CONDITIONS
11-12
5.
SECTION V
INSTRUCTION & GUIDELINES TO TENDERERS
13-16
6.
SECTION VI
SPECIAL TERMS & CONDITIONS
17-27
7.
SECTION VII
AGREEMENT & PROFORMA OF SD
28-33
FINANCIAL BID DOCUMENT

7.
SECTION VIII
(Separate)
(PART II)
SCHEDULE OF RATES (FINANCIAL BID)
Page | 2
34-35
Section I
Notice Inviting
Tender
Page | 3
BHARAT SANCHAR NIGAM LIMITED

(A Govt. of India Enterprise)
O/O TELECOM DISTRICT MANAGER HARDOI
Notice Inviting Tender

NIT No:- TDM-HDI/Tender/Genral-04/2014-15
DATED:- 06.06.2014
On behalf of Bharat Sanchar Nigam Limited, Telecom District Manager, Hardoi invites wax/Tape sealed tender from
experienced Agency/Contractors for Maintenance of Minilink and Associated works in SSA Hardoi for a period of one year. Last
date for selling of tender forms 15-07-2014. The details are as under:SL.
No.
1.
Description of work
Maintenance of Minilink
and Associated works
Name of
Zone
Cost of
tender form
Approx. cost
of work
Hardoi
SSA
525/- non
Rs.02 Lakhs
Lakhs
refundable
Last Date &

Time for
EMD to be
deposited Earnest Money
deposit
Rs.5000 /-
Up to
16-07-2014
upto 13.00
hrs
Last date &

Time for
Date and Time for
Submission of opening Tender
Tender form
16-07-2014
upto 14.00
hrs.
16-07-2014
at 15.00 hrs
Tender form may be obtained from D.E. (A&P) O/o TDM Hardoi upto 14.00 hrs. of 16-07-2014. The intending bidders has to deposit cost
of tender form in cash to A.O. (cash) O/o TDM, Hardoi OR tender form may directly be downloaded from website www.upe.bsnl.co.in and a DD in
favour of AO(Cash) BSNL O/o TDM, Hardoi of amount equal to tender cost must be enclosed with technical bid . Downloaded forms without DD will
not be entertained. Eligibility for tender is as follow:-
TECHNICAL BID
1.
Latest Income Tax Return certificates & PAN card.
2.
3.
4.
5.
Tenderer should have TIN no. / VAT Registration valid on the date of opening of tender.
Valid Service Tax Registration certificate.
Affidavit regarding Proprietorship or in case of partnership firm photocopy of partnership deed should be attached.
Insurance details of the riggers employed by the bidder or an affidavit on Rs.10/-is to be given stating that the bidder
will submit insurance details of the riggers employed by him which will be as per the statutory requirement of the state
and which will not be less than `5lakh per employee/rigger. This insurance document will have to be submitted before
award of any work to the contractor failing which tender may be awarded to the L2 bidder along with forfeiture of
EMD/ Security deposit and firm may be blacklisted for next two years.
6. Copy of EPF Registration number.
7.
Original receipt of EMD/Bank Draft in favour of AO (cash) BSNL O/o TDM, Hardoi.
8.
Experience Certificate of BTS / Mini Link/Tower/Mast upto 40 Mtrs installation work and Installation/Erection & other
associated work Rs. 01 Lakh in any year during last two years (2012-13 and, 2013-14), issued by not below the rank of
JAG level officer of BSNL Telecom Operations.
9.
Average turnover of last two years preceding the year (2012-13 and 2013-14) should be equal to tender value, issued
by CA (Only certificate is required).
Opening of Financial Bid: - Financial Bid envelope properly sealed with wax of those who qualify in the qualifying Bid will be
opened on a later date which will be informed separately after verification of experience certificate & other eligibility documents if
necessary of bidders by TEC from their issuing authorities
Note- All documents must be attested by Gazetted Officer.
SSA Hardoi reserves the right to select one or more tenderers and to accept/reject one/more or all the bidders without
assigning any reason.
Deposit of Earnest Money : The EMD will be deposited in cash or through Demand Draft drawn in favour
of A.O.(Cash) BSNL O/o SSA Hardoi & DD must be attached with Technical Bid. Tender without proper
EMD is liable to be rejected.
Submission of Tender document: Tender will also be accepted by registered post. The tender in the enclosed per-forma should be
submitted in two separate wax sealed covers (One for the technical bid and the other for financial bid). These bids should be put
in a bigger sealed envelope & addressed to DE (A & P) O/o SSA Hardoi and superscribed as Tender for Maintenance of Minilink
and Associated works in Hardoi SSA should be sent by registered post only(Tenders will not be received by hand or by courier)
under sealed cover which must be received upto 14.00 hrs of 16.07.2014 .BSNL will not be responsible for delay due to postal
department. Tenders received late and without wax/tape sealed will be rejected. Tender may directly be dropped in the tender box
kept in the chamber of DE (A&P) O/o TDM, Hardoi. SSA Hardoi reserves the right to cancel all or any tender without assigning any
reason at any time. Please visit us at www.upe.bsnl.co.in.
If holiday falls on the dates for submission/opening of tender then submission/opening will follow next working day without any
further notice.
DE (A&P)
O/o TDM, Hardoi
Page | 4
Section II
Bid Form
Page | 5
BID FORM
NIT No: - TDM-HDI/Tender/General-04/2014-15
Dated:- 06-06-2014
To,
D.E. (A&P)
O/o TDM, Hardoi
Dear Sir,
Having examined the conditions of contract and specifications including addenda
No .the receipt of which is hereby duly acknowledged
, we , undersigned, offer to execute the work of Maintenance of Minilink and Associated
works of Tower for cellular systems in conformity with said drawings, conditions of
contract and specifications as may be ascertained in accordance with the schedule of
prices attached herewith and made part of this Bid.
We undertake, if our Bid is accepted, we will execute the work in accordance with
specifications, time limits & terms and conditions stipulated in the tender document.
If our Bid is accepted, we shall submit the securities as per the conditions mentioned in
the contract.
We agree to abide by this Bid for a period of 240 days from the date fixed for Bid
opening (Qualifying Bid) and it shall remain binding upon us and may be accepted at
any time before the expiry of that period.
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 . (
Signature of authorized Signatory ..

In capacity of .
Duly authorized to sign the bid for and on behalf of ....
Witness
Address.
Signature
Page | 6
Section III
Details of Tenderer
and Preparation &
Submission of BIDs
Page | 7
PARTICULAR AND DETAILS OF TENDERER

(TO BE FURNISHED BY TENDERER)
1.
Name of firm and Address
:-..
..
.
Phone No.
:-Off...
Res...
2.
3.
4.
FAX No.
:-
Mobile Number
:-
E-Mail
:-
Whether it is Sole proprietary of

Partnership firm/ private Ltd. Co.
:-..
Name of the person authorized to

enter into and execute contract
agreement and the capacity on
which he is authorized.
:-
List of documents attached in

technical bid offer by the firm.
(documents shall be attached in

Chronological order as mentioned in
eligibility condition for technical bid)
a.
b.
c.
d.
e.
f.
Note :
1.
The Tenderer should sign each page of tender document at the time of quoting the tender.
The financial bid shall be in separate envelope.
Page | 8
DETAILS REGARDING PREPARATION & SUBMISSION OF BIDS:Preparation of Bids:1.

The BID shall contain two separate envelopes duly wax /tape sealed. One for Technical BID, which shall
contain the technical bid documents and duly filled tender document with signed in each page by tenderer or
his authorize representative, and the another envelope for Financial Bid, which shall contain schedule of
rate giving rates. These bids with proper seal & signature on each envelop, should be put in a bigger sealed
envelope & addressed to DE (A&P) O/o SSA Hardoi and superscribed as TENDER FOR Maintenance of
Minilink and Associated works IN HARDOI TELECOM DISTRICT .
(i) Amendment of Bid Documents:a
At any time, prior to the date for submission of Bids, the BSNL may, for any reason,
whether as its on initiative or in response to a clarification requested by prospective Bidder,
modify the Bid Documents by amendments.
b
The amendments shall be notified in writing or by FAX to all prospective Bidders who have
received the Bid Documents on the address intimated at the time of purchase of Bid
Documents from the BSNL and these amendments will be binding on them.
c
In order to afford prospective Bidders reasonable time in which to take the amendments into
account in preparing their bids, the BSNL may, at its discretion, extend the deadline for the
submission of Bids suitably.
(ii)
Submission of Bids:
(a)
Bids must be submitted as per mentioned in NIT.
(b)
The BSNL may, at his discretion, extend the deadline for the submission of bids by
amending the Bid Documents in accordance with the clause 1 (ii), in which case, all rights
and obligations of the BSNL and bidders previously subject to the deadline will thereafter be
subject to the deadline as extended.
The tender duly waxed/tape sealed and super scribed with Maintenance of Minilink and
Associated works which is to be sent by registered post under sealed cover must be received
up to 14.00 hrs of 16.07.2014. BSNL will not be responsible for delay due to postal
department. Tenders received late and without wax/tape sealed will be rejected.
Each tenderer has to deposit a sum of Rs. 17,050/- for Hardoi SSA in the form demand draft
in favour of AO (Cash) O/o SSA Hardoi as earnest money deposit (EMD). At the time of
agreement, the successful tenderer has to deposit 10% of tender cost as Security Deposit
within 7 days of provisional acceptance of the rate in the form of DD/BG payable to AO
(Cash), O/o Telecom District Manager, BSNL Hardoi .The BG should be issued by any
Nationalized Bank and must be valid for 18 months. The EMD of unsuccessful tenderers
will be returned after finalization of the tender, on request. Besides it, the following
conditions shall also be applicable for forfeiture of bid security:-
(c)
If a bidder withdraws his bid during the period of bid validity specified by the
bidder on the Bid form
(d)
In the case of a successful bidder, if the bidder fails:

(1)to sign the contract
(2)to furnish performance security.
Late bid shall be summarily rejected.
The BSNL may waive any minor infirmity or non-conformity or irregularity of a bid which does not
constitute a material deviation, provided such waiver does not prejudice or affect the relative ranking of
any bidder.
A maximum of two representatives for any bidder shall be authorized and permitted to attend the bid opening.
2.
Signing of Contract:
The agreement of contract can be terminated by the SSA Hardoi at any time by giving one months notice in
writing to the contractor without assigning any reasons thereof and decision taken by the SSA Hardoi shall be final. The BSNL shall
not be responsible for any loss, damage etc. caused to the Contractor as a result of the termination of the contract. The BSNL shall
be free to take due action for appointment of a new contractor during the period under notice or thereafter.
3.
SECURITY DEPOSIT:-The approved tenderer shall have to deposit a security amount of 10% of estimated
cost in addition to EMD before signing of an agreement with the department. Failing to deposit the security
Page | 9
4.
5.
6.
7.
8.
amount within the specified period, the offer will be deemed to have been cancelled without assigning any
reason or serving of notice.
In the event of work exceeds beyond the estimated cost for which SD have been deposited, the SD will be
deducted from the tenderers bill at the rate of 10% from subsequent bills.
No interest will be payable on the earnest money or security deposit or the amount payable to the contractor
under the contract.
The SD will be refunded after 6 months after the contract period has expired.
FORFEIT OF PERFORMANCE SECURITY DEPOSIT: The same may be forfeited, if the successful
tenderer fails to (a) comply with any of the terms and conditions of the tender/contract or fails to rectify the
defects promptly during the agreement period along with non-compliance of the conditions as laid down in
section II.
Period of validity of bids:(i)
Bid shall remain valid for 150 days after the date of bid opening. A bid valid for a short period shall
be rejected by the BSNL as non-responsive.
(ii)
9.
10.
11.
12.
The tenders awarded shall remain valid for a period of one year. After review of the
performance of contractor the period of contract may be extended for next one year on the same
rate, terms & conditions subjected to the recommendation of competent authority.
The successful tenderer shall not sublet the said contract work to any other party.
The SSA Hardoi has got power to award the contract in parts or in whole.
The tender document also form a part of the agreement/contract.
The bidder on receipt of award of work will execute an agreement.
Page | 10
Section IV
General Terms &
Conditions
Page | 11
GENERAL TERMS AND CONDITIONS

1
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
All the tenderers are advised to read carefully this tender document containing terms, conditions &
specifications and should sign each page thereof as a token of having read all the terms & conditions
and specifications of this tender and acceptance thereof.
Any attempt by tenderer to influence / canvass directly or indirectly the authority, to whom he has
to submitted the tender or the authority, who is competent finally to accept it, shall lead to rejection
of such tender bid.
Tenders without prescribed E.M.D. shall summarily be rejected.
Late tenders, tender received after the specified time, will not be opened or considered.
The rate shall be quoted on the tender form in figures, as well as, in words on appropriate place i.e. in the
schedule of rates and it should be inclusive of all taxes.
Any scoring or overwriting shall be treated as objectionable. Correction, if any, on the tender form must be
initialed by the tenderer, otherwise the tender shall not be considered.
If, on check, any difference is found between the rates quoted in words and figures, then the rates quoted in
words shall be considered.
If the rate/ rates of any item is not quoted by the tenderers, then their bid is liable for rejection.
DISCOUNT, if any, offered by the bidders shall not be considered. Bidders desiring to offer discount, shall
quote clearly net rate taking all such factors like discount, free-work, etc. into account.
No cognizance will be taken of any paper or letter submitted with the tender having its implied effect on the
rates mentioned on the standards Performa meant for rates or after the opening of tenders.
Conditional tenders, which propose any alteration in specified items or in the item schedules or which contain
any other conditions of any sort, are liable to be rejected.
The items and quantities mentioned in scheduled of rates are liable to change without prior notice, as per the
requirement of the department, keeping basic nature of the job. It is not necessary that all items mentioned in
this schedule, need to be executed.
The department reserves the rights of carrying out negotiations with tenderer for arriving at proper rates in the
interest of the BSNL.
The accepted rates will be operative for a period of one year from the date of signing the contract. The SSA
Hardoi reserves the right to extend or reduce the period, if necessary or according to requirement from time to
time. The accepted rates will be valid for the entire period of contract and no escalation will be allowed, on
account of any reason, whatsoever.
The BSNL shall not be liable to pay any interest on Earnest money or security deposit from the approved
tenderer. The BSNL shall hold the right to forfeit the earnest money or the security deposit, in case tenderer
fails to comply with terms and conditions set in the contract or in any subsequent agreement. In such
circumstances, the right of the cancellation of the tender/ contract shall remain with the BSNL.
Award of work may be in part from time to time or at a time depending upon requirement of works and
completion of departmental formalities and approvals.
The cost and quantum of work is approximate only. The SSA Hardoi has the right to increase or decrease the
quantum of work and the contractor will have no right to claim any compensation, even if the work is
suspended or terminated in between due to any reason whatsoever.
If the contractor refuses to accept the work order for execution of any specified work, the SSA Hardoi
reserves the right to get the work done by other agencies with higher rates and the difference of the cost will
be deducted from the contractors pending bills or security money, as the case may be.
The contractor shall be responsible for any accident and any hazard to the labour carrying out the work,
compensation effected labour, if any, will be liabilities of the contractor.
The contract shall be governed by labour laws as enforced time to time and shall fulfill all conditions as per
rules.
That the SSA Hardoi shall be at liberty to terminate this contract at any time by giving one month notice in
writing without assigning any reason whatsoever and SSA Hardoi shall not be responsible for any loss or
damage etc. as result of such termination of contract.
Page | 12
Section V
Instructions &
Guidelines to Tenderers
Page | 13
Sl.No
Appro.
Description of work/item
Qty Reqd
Unit
VSWR rectification which includes Cleaning

and refitting of connector/ replacement of
connector being faulty/Jumper replacement per
feeder length
120
Feeder lengths
Orientation of GSM Antenna per BTS
75
Antenna
De-hoisting of waveguide
300
mtr
Hoisting of waveguide
500
mtr
De-hoisting/ lowering of GSM Antenna Height

along with fixtures with transportation
20
Antenna
20
Antenna
30
Nos
6
7
Hoisting/Raising of Antenna Height alongwith

fixtures
RF Cable connector fitting & soldering of RF
Cable
Dismantling of Minilink with Accessories
15
Per tml
Installation of Minilink & it accessories

complete job at new site (including orientation)
15
Per tml
10
Change the height of Minilink Antennas in all

height of Tower
Per side
11
Adjustment of Minilink Alignment problem
25
Per side
12
Dehoisting & Hoisting of Radio in all height of

tower
25
Per side
13
Dehoisting & Hoisting of IF cable with making

of IF connector on both sides in all height tower
20
Per side
14
Re-jointing of IF Cable Cut & taping with

Weather Proofing tape in all height of Tower
20
Per Joint
15.
Hiring of rigger per day
180
Per day
Page | 14

3.
Important consideration:
Any clarification on the details of the work can be obtained from the DE (A&P), Hardoi up to one day prior to the date
3.1
4.
5.
5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.8
5.9
5.10
5.11
5.12
5.13
5.14
5.15
6.
which is specified for opening of tender.05858-223622

Contractors who are confident of executing the work in time by employing the required resources, men and materials,
may only participate in this tender offer.
Construction Equipment:
The contractor shall arrange at his own expense all tools plants and equipments required for execution of the
works. No tents, tools, pumps for de watering etc., or any type of the machinery or equipments will be supplied by
the department for carrying out any portion of work. The contractor should be in position to deploy any machinery
or equipments or tools to execute the job with in the time schedule specified in the individual work orders.
Submission of tenders:
Tenders can be submitted personally and also by Speed Post/Registered Post/by hand in prescribed forms placed in
sealed covers super scribed "Tender for Maintenance of Minilink and Associated works for Cellular systems in
Lucknow SSA.
Tender received in covers not sealed will not be opened or considered.
Closing the cover by gum will not be treated as sealed cover. The cover should bear the seal of the tenderer over
sealed wax properly fixed on the cover.
If tenders are sent in double covers, both the inner and outer covers are to be sealed as mentioned above.
The contractor should certify and affix his signature on each and every page of the tender document and return it
along with his tender offer, as a token of his acceptance of each of the condition specified on each page of the
tender documents.
Any attempt for negotiation direct or indirect on the part of a tenderer with the authority to whom he has submitted
the tender or the authority who is competent finally to accept it after he has submitted his tender or endeavors to
secure interest for actual or prospective tender or to influence by any means the acceptance of the particulars tender
will render the tender liable to be excluded from consideration.
The tenderer will be bound by all terms, conditions and specifications as detailed in this tender document.
Any tender with condition other than those specified in the tender document is liable to the summarily rejected. No
modification by the contractor of any of the conditions will be permitted after tender is opened.
No communication from the contractor in the form of any clarification or information/document lost sight of in the
original tender etc. will be given any consideration unless any such clarification has been sought for by the
DE (A&P), Hardoi
No tender without the prescribed EMD accompanying it will be considered for acceptance.
Copy of PAN is to be submitted along with tender document.
Late tender, tenders received either by post or courier service or in person after the specified time will not be
opened or considered.
No tender will be received in person by the DE (A&P) O/O TDM, HARDOI or any other staff subordinate to him.
Any bidder wanting to deliver the tender in person should deposit the tender in tender box kept in the office of
DE (A&P), O/o TDM, Hardoi the slit of tender box will be sealed immediately after the specified time for receipt of
tender. Any tender presented in person by any contractor his representative after the tender box is sealed will not be
received either by DE (A&P), O/O TDM, HARDOI or by any of his subordinates.
Tender sent by post, if delivered by the postmen after the expiry of specified time will only be recorded and not o
pened or considered. Such tenders will be opened only when the request is made by the bidder that any demand
draft/bank guarantee/pay order enclosed as EMD may be returned in original. The other document will only be
recorded and not returned.
Incomplete tender form will be summarily rejected without giving any cause. However,
DE (A&P), O/o TDM,
Hardoi reserves the right to consider incomplete tender also if he thinks that it is beneficial to the BSNL.
Document to be submitted with tender:
The tender is to be submitted in two PROPERLY SEALED (with WAX or sealing tape)
envelop(s), containing;
First Envelop
certificates
Technical Bid
Containing
EMD,
Signed
Tender
Document,
Copy
of
regarding
Annual turnover( of respective business), Experience certificates

PAN, T.Tax , S.Tax and EPF Registration number (Attested copies).
nd
Envelop Financial Bid

Tender offered rate sheet (schedule of work). Both Sections
Technical Bid and Financial Bid should be kept in two separate envelops. On both the
2
envelops the name of the firm and whether Technical OR Financial bid must be clearly
mentioned. These two envelops are to be placed inside an outer envelop, sealed properly
(with wax or sealing tape).
7.
7.1
Earnest Money:
2.5% Earnest money may be paid separately in the form of account payee demand draft from any Nationalized
Bank situated at Lucknow drawn in favor of the. A O (Cash) O/o TDM, Hardoi payable at Lucknow.
Page | 15
Tender For Optimization & Mini-link related Outdoor RF works

7.2
8.
9.
(a).
10.
10.1
10.2
11.
11.1
11.2
11.3
12.
(a)
(b)
No interest shall be allowed on the Earnest money deposited by bidder. The Earnest money of unsuccessful bidder
will be refunded with in a reasonable time after final decision of the tender refunded with out any interest, normally
with in three months from the date of opening of tenders.
Security:
EMD of successful bidder will be converted into Security Deposit at the time of agreement and the remaining
amount will be deducted from each bill till required security (i.e. 10%) is recovered.
Refund of security deposit:
The security deposit shall be paid back to the contractors after a satisfactory warranty period of six months from the
date of satisfactory completion of work and final acceptance of BSNL. The contractors shall remain liable to the
BSNL respect of any shortfall or discharge liabilities notwithstanding return of security deposit.
Tender schedule:
The schedule is schedule of items of works & quantities.
The tender schedule is to be read in conjunction with, instructions and guidelines to bidders specifications & diagram
and other tender documents and the tender and contractor shall be deemed to have carefully examined all these
document. It is further understood and agreed that the contractor, by careful examination, satisfied himself as to the
nature and location of the work, the configuration of ground, site conditions, the character of equipments and
facilities needed preliminary to and during the execution of work, the general and local conditions, the labour
conditions prevailing thereof, the detailed description of work to be done and the way in which they are to be carried
out with in time schedule and all other matters which can in way fact the works under the contract, the specification
for the entire work are to be read together and not in isolation.
The quantities indicated for various items of work in the tender schedule are approximate and are not to be taken as
firm figures. All works shall be measured by DE(A&P)] O/O TDM, HARDOI or his authorized representative and
paid for on the basis of actual work at the rates tendered. Any change finally effected shall be binding on the bidder.
Contractor as though included in the original tender schedule and any change make the agreement void and it is,
therefore, essential that the bidder, examine all the documents carefully and does not commit any mistake in
analyzing the rate as the rate quoted shall be and remain binding not withstanding any changes as aforesaid and no
revision of tendered rates shall be considered on any ground whatsoever.
Quotation of rates for schedule:
All items of work included in the schedule should be quoted.
The bidder will quote the rates in English both in figures as well as in words. The rate quoted in words will be the
correct basis and not the rates shown in figure.
In the case of illiterate contractor, the rates tendered should be attested by witness.
All corrections, additions and alternations in the entries and tender papers will be signed in by the tenderer with
date. No errors or over writings shall be permissible unless attested under the signature of the bidder with date.
Rejection of tenders:
The DE(A&P) O/o TDM, HARDOI reserves the right to accept or reject any or all tender on the following grounds
with out assigning any reason whatsoever.
Consideration of any tender not supported by the requisite Earnest Money deposit in the manner provided therein.
Consideration of any tender/offer which change the term and conditions (other than those envisaged in the contract
document sold) altered, constructions, specifications, or time limits set.
(e)
Rejection of any or all the tenders received without assigning any reason thereof and will not be bound to accept the
lowest tender.
13.
Validity:
1.
Tenders submitted by the bidders will remain valid for acceptance for a period of 150 days from the date of opening
of the tender. The bidders shall not be entitled during this period without the consent in writing of DE (A&P) O/o
TDM, HARDOI to revoke or cancel his tender or to vary the tender submitted or in terms thereof. The tenders
awarded shall remain valid for a period of one year. After review of the performance of contractor the period of
contract may be extended for next one year on the same rate, terms & conditions subjected to the recommendation of
competent authority.
2.
The BSNL also reserves the right to enhance the quantity agreed upon limited to 25% of the value of the contract on
approval of TDM, Hardoi.
14.
Signing of the contract agreement:
The successful bidder after depositing security deposit shall be required to execute an agreement on a non judicial
stamp paper of Rs.100=00 only at his own cost and in the form annexed hereto In the event of failure of bidder to sign the
agreement within fifteen days of being called upon to do so after the acceptance of the tender, or in the event of his failure to
start the work as stipulated, the amount of Earnest money and/or initial security deposit shall stand forfeited to the BSNL and
the acceptance of the tender shall be considered as revoked.
15.
These instruction to the bidder shall be deemed to form part of the agreement/contract for the work.
16
Section VI
Special Terms &
Conditions
17
SECTION VI
SPECIAL TERMS AND CONDITIONS

1.0
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
A.
i.
ii
iii.
B.
I.
II.
Definitions:
The contract means the documents forming the tender and acceptance there of and the formal agreement
executed between Bharat Sanchar Nigam Limited and the contractor with documents referred to therein
including the condition of contract, the specifications, designs, drawing and instructions issued from time
to time by the BSNL and all these documents taken together shall be deemed to form one contract and
shall be complimentary to one another.
In the contract, the following expressions shall unless where the context otherwise required have the
meaning here by respectively assigned to them,
The expressions "Works" or "Work" shall unless and otherwise defined section-I but it will also include
original, altered, substituted or additional work.
The "SITE" shall mean the land and/or other places on into or through which work is to be executed
under a contract or any adjacent land, path or street through which work is to be executed under a
contract or any adjacent land, path or street which may be allotted or used for the purpose of carrying out
the contract.
"SITE ENGINEER" shall mean a Sub Divisional Engineer of the BSNL who may be placed by the
DE(A&P), O/o TDM, Hardoi as in-charge of the work at site at any particular period of time.
The contractor shall mean the individual or firm or company whether incorporated or not undertaking the
works and shall include the legal personal representative or such individual or persons composing such
firm or company or successors of such firm or company and the permitted assignees or such individual or
firm or company.
The "Engineer-in-charge" means the DE (A&P), O/o TDM, Hardoi who shall supervise and shall be
in-charge of the works at any time or who shall sign the contract on behalf of the BSNL.
"BSNL" or Bharat Sanchar Nigam Limited shall mean the A Govt. of India Enterprise.
The "BSNL" will mean the Bharat Sanchar Nigam Limited, A BSNL of A Govt. India Enterprises.
All references are:Bharat Sanchar Nigam Limited
Cheif General Manager Telecom East UP Telecom Circle, Lucknow.
Or any other officer notified from time to time.
In various clauses shall be taken to mean:Bharat Sanchar Nigam Limited under the Ministry of Communication, BSNL of India.
The Officers in their respective Grades/Groups employed in the DE (A&P), O/o TDM, Hardoi by
whatever designations are assigned to them from time to time and who may be in-charge of direction,
execution supervision, testing, acceptance maintenance of accounts and disposal of claims, from time to
time and included their successors in office.
Words imparting the singular number include the plural number and vice-versa.
Period of validity:
2.
Tenders submitted by the bidders will remain valid for acceptance for a period of 150 days from the date of opening
of the tender. The bidders shall not be entitled during this period without the consent in writing of DE (A&P) O/o
TDM, HARDOI to revoke or cancel his tender or to vary the tender submitted or in terms thereof. The tenders
awarded shall remain valid for a period of one year. After review of the performance of contractor the period of
contract may be extended for next one year on the same rate, terms & conditions subjected to the recommendation of
competent authority.
3.
Labour/Material/Equipment/supplies:
The contractor shall be responsible for the storage and safe custody or all materials supplied to him by
the BSNL. The contractor shall satisfy himself regularly the quality and the quantity of the materials
supplied to him and he will be responsible for any subsequent deterioration and discrepancy in the
quality/quantity of the materials.
The contractor shall submit a proper account every month of all the materials supplied to him by BSNL
and those consumed for items of work. Any discrepancy on difference between materials issued to the
contractor and those consumed in the work as per BSNL's calculation (which shall be final) will be
charged to the contractor or deducted from his bills at cost price including freight, handling charges,
storage charges & establishment charges as applicable.
The contractor shall ensure that only the required materials are got issued. Upon completion of the work,
the contractor shall return to the BSNL at the later's designated store in good condition, free of charges,
any unused materials that were supplied by the BSNL.
The contractor while taking the delivery of materials supplied by the BSNL at the designated place shall
thoroughly inspect all items before taking them over. Once, the owner furnished materials are made over
to the contractor it shall be his responsibility for safe custody till commissioning and taking over of the
completed worky the BSNL. Any pilferage, damage, etc. to the material furnished by the BSNL shall be
decided in accordancewith (b) above.
3.1
3.2
3.3
3.4
18
3.5
4.0
5.

Not with standing anything else here in stated, the contractor shall furnish and pay for all supervision,
labour, tools, supplies, construction equipments and consumable materials as may be necessary for the
performance of the work and the cost of these shall be included in the unit construction prices quoted by
the bidder at the time of submitting his tender and payable to contractor. Expenditure of all these will be
borne by the contractor and no over and above payment will be made.
Guarantees:
In addition to any or all other guarantee and warranty mentioned in the contract document. The
contractor guarantees that the entire work will be done in the satisfactory manner and free from any
defects in workmanship and finish and in the conformity in all respects with the specifications and
directions. The contractor also undertakes to repair or replace as the case may be at his own cost and risk
any part of the works which may damage or that may develop any defects due to bad workmanship or
otherwise due to the faults of the contractor within a period of one month after the written final
3.6 acceptance of the works by the BSNL.
Method and manner of performances:
The contractor shall be independent contractor and shall have complete charge of the men engaged in
the performance of the works to be performed here under and shall perform the works accordance with
his own methods and at his own risk, subject to compliance with the contract documents. The contractor
shall throughout the stipulated period of the contract execute the works in the best and most substantial
like manner, and both as regards materials and otherwise in respect, in strict accordance with the
contract document or such other particulars, instructions and drawings as may be found requisite to be
given during carrying on the works. Enforced good order among his employees and shall not employ on
the works any unfit person or any one not capable or not properly qualified to properly perform the work
assigned to him. The contractor shall also not employ in respect of the works or discontinue employing
in respect of the works any employee that the TDM, Hardoi may for any reason object to.
6.
7.
8.
8.1
8.2
9.
10.
10.1
10.2
Insurance:
Without limiting any of his other obligations or liabilities, the contractor shall at his own expense, take
and keep comprehensive insurance including third party risk for the plant, machinery, materials, etc
brought to the site or at stores and all the work during the execution. The contractor shall also take out
workmen's compensation Insurance as required by law and undertake to indemnify and keep
indemnified the BSNL from and against all manner of claims and demand and losses and damage and
cost (including between attorney and client) charges and expenses that may arise in regard the same or
that the BSNL may suffer or incur with respect to and/or incidental to the same.
representative of the BSNL:
The representative of the BSNL will be as mentioned in Definition.
Representative of contractor:
The contractor shall furnish to the BSNL, the scheme of his intended organization for the contracted
work, naming his superintendent. The superintendent has sound knowledge of the technical
specifications. The contractor shall have on each site superintendent being authorized to represent the
contractor on his designated section work, to whom the BSNL's representative can make known
decisions authorizations and interpretations. The contractor shall within one day after the execution of the
contract/agreement notify the BSNL the name(s) and address(s) of the superintendent along with
specimen signatures in terms of site allocations. Any change in name and address of superintendent
notified as aforesaid shall be promptly intimated writing to the BSNL. Notices given in writing to the
superintendent shall be deemed to be notices given to the contractor. The contractor shall also have a
Manager full authorized to represent contractor on matter involving more than one section of work,
notification in respect of whom shall likewise be given to the BSNL and who shall likewise be the
contractor's representative in terms aforesaid.
The contractor or his superintendent shall be in attendance of the site(s) during all working hours and
shall superintendent the execution of the works as per specifications.
Interpretation of the contract documents:
The BSNL will be the sole interpreter by itself in case of any ambiguity in the interpretation of the
agreement.
Changes and Extra work:
"Changes" as used herein means a substitution for, or omission of, any item of work or other
requirements within the general scope of work, the performance of or compliance with which is
contemplated by the contract document.
"Extra work as used herein means any work or compliance with any requirement, other than a change
which is not expressly or implied contemplated by the contract documents and which is necessary to be
performed for the proper completion of the contracted work. For the purpose of clarifications, it is
declared that, any work or operation which shall be necessarily incidental to the proper performance of
any item of work or part of there of shall be deemed to have been by implication provided for in the
relevant item of work or part here of and shall not constitute extra work.
19
10.3
10.4
10.5
10.6
10.7
10.8
10.9
11.
12.
13.
14.
15.

The BSNL may, at his absolute discretion make change in the work provided for in the contract
documents, including the commencement of the work and may require the performance of extra work by
contractor.
The contractor shall not undertake or make any change or do any work under this contract unless he has
received written instructions from BSNL.
The contractor shall not be entitled to any compensation in addition to the contract price for the
performance of any work not envisaged under the contract, unless prior to the performance of such work
he has received from the BSNL written authorization to perform such work.
For extra work within the scope of this contract, the contractor will receive extra compensation on the
basis of lump sum unit price as may be agreed upon in advance between the BSNL and contractor.
In case of such work, where in interpolation of the rates are possible such rates shall be accepted by both
the parties.
If the altered, additional or substituted work include any work for which no rates are specified in the
contract for the work can be derived from similar class of work in the contract, then such work shall be
carried out at the rate determined by the BSNL on the basis of the prevailing market rate where the work
was done.
If the rate for the altered, additional or substituted work cannot be determined in the manner specified
above, then the contractor shall within seven days of the dates of receipt of order to carry out the work,
inform the BSNL of the rate if it is his intention to charge for such class of work supported by analysis of
the rates or rates claimed and the DE (A&P) O/o TDM, HARDOI shall determine the rate on the basis of
prevailing market price and pay the contractor accordingly. However the BSNL by notice in writing will
be at liberty to cancel his order to carry out such class of work and arranged to carry it out in such
manner as he may consider advisable.
Quality of work:
The contractor shall be and remain responsible for complete and proper compliance with the contract
documents and the specifications there in. The BSNL shall be the final judge of the quality of the work
and satisfaction of the standards in respect there of set forth in the contract documents. Any noncompliance with the contract document & specifications there in shall be treated as breach of contract.
The BSNL has the right to prohibit the use of men and any tools, material and equipment's which in his
opinion do not produce work or performance, meet the requirement of the contract Documents.
Safe custody of materials:
The contractor shall be responsible for all materials furnished or supplied by the BSNL while in the
contractor's custody whether, or not installed in the work.
Notification:
The contractor shall give in writing to the proper person or authority with a copy to the DE(A&P), O/o
TDM, Hardoi such notification as may be mandatory or necessary in connection with the
commencement, suspension, resumption, performance and/or completion of the contracted work. All
notices shall be given sufficiently in advance of the proposed operation to permit proper co-relation of
activities and the contractor shall keep all the proper persons or authorities regularly advised of the
progress of operation throughout the performance of the work together with such information and/or
supporting figure as data may from time to time as directed or required.
Delays of construction:
The BSNL will make every reasonable effort to furnish material required to be furnished by it under the
contract and made available in due time so as not to delay construction. The BSNL however not to be
liable to the contractor for any losses or damages, costs charges or expenses that the contractor may in
any way sustain suffer due to delay in making the above available. However an extension in time
schedule may be admitted on the above reasons.
Shut down on account of weather condition:
The contractor shall not be entitled to any compensation whatsoever by reason of suspension of the
whole or any part of the work made necessary by the BSNL or deemed advisable on account of bad weather
condition or other force major condition.
16.
16.1
16.2
17.
17.1
17.2
Refund of security Deposit:

No interest will be payable on the earnest money or the security deposit or the amount payable to the
contractor under the contract.
Refund of security deposit is subject to full and final settlement of the final bill for the work
contracted/executed under the contract.
Easements permits, licenses and other facilities:
The contractor shall be responsible for obtaining at his expense such licenses, permits and facilities as
are necessary for the contractor to operate and do business in the Republic of India and the states in
which the work is to be performed.
The contractor is to confine his operation to be provided construction " right of user" unless it has made
other arrangements with the particular property owners and/or tenants such other arrangements shall be
entirely at the responsibility of the contractor as to cost and arrangement as also breach and claims and
20
18.
18.1
18.2
18.3
18.4
19.
19.1
19.2
20.
21.
21.1
21.2
21.3
22.0

shall be entitled with a copy to the department.
Protection of life and property and existing facilities:
The contractor is full responsible for taking all possible safety precautions during preparation for and
actual performance of the works, and for keeping the construction site in a reasonable safe condition.
The contractor shall protect all life and property from damage or losses resulting from his construction
operations and shall minimize the disturbance and inconvenience to the public.
The contractor shall be solely responsible for locating through approved no-destructive means and
ensuring the safety of all existing underground pipelines, electrical cables, and or other structures.
The contractor shall be solely liable for all expenses for and in respect of repairs and/or damage
occasioned by injury of or damage to such underground and above structures or other properties and
undertake to indemnify and keep indemnified the BSNL from and against all action, cause of actions,
damages, claims and demand whatsoever either in law or in equity and all losses and damages and costs
(including between attorney and client), charges and expenses in condition there with and/or incidental
there to the contractor shall take all the responsibilities and risks in crossing other pipelines and shall be
responsible for protecting all such existing pipe lines, poles, electric lines, sewers, cables another
facilities from damage by the contractor's operation in connection with the work. Any damage incurred
shall be promptly repaired by the contractor without cost to the BSNL.
The current market value of any commodities lost as a result of any damage to the aforesaid existing
facilities shall be paid by contractor together with such additional sums necessary to liquidate the
personal of property damage resulting therefrom.
Indemnities:
The contractor shall all the times hold the BSNL harmless and indemnify from against all actions, suits,
proceedings works, cost, damages, charges, claims and demands of every nature and descriptions brought
or procured against BSNL its officers, and employees and forthwith upon demand and without protest or
demur to pay the BSNL any or all losses and damages and costs(inclusive between attorney and client)
and all costs incurred in endorsing this or any other indemnity or security which the BSNL may now or at
any time have relative to the work or at any time have relative to the work or the contractor's obligation
or in protecting or endorsing it is right in any suit or other legal proceedings, charges and expenses and
liabilities resulting from or incidental or in connection with injury, disease or disablement to or death of
any person(s) including employees of the contractor or damage to property resulting from or existing out
of or in any way connected with or incidental to the operations caused by the contract documents. In
addition the contractor shall reimburse the BSNL or pay to the BSNL forth addition the contractor shall
reimburse the BSNL or pay to the BSNL forth with or demand without protest or demur all costs, charges
and expenses and losses and damages otherwise incurred by it in consequences of any claims, demand
and actions which may be brought against the BSNL arising out of incidents to or in connection with the
operation covered by the contract.
The contractor shall at his own cost at the BSNL request defend any suit or other proceeding asserting a
claim covered by this indemnity, but shall not settle, compound or compromise any suit or other finding
without first consulting the BSNL.
Compliance with laws and regulations:
During the performance of the works the contractor shall at his own cost and initiative fully comply with
all applicable laws of the land and with any and all applications by laws, rules regulations and orders and
any other provisions having the force of law made or promulgated or deemed to be made or promulgated
by the BSNL, BSNL agency or department, municipal board, BSNL or other regulatory or authorized
body or persons and shall provide all certificate of compliance there with as may be required by such
applicable law by laws, rules, regulations, orders and/or provisions. The contractor shall assure full
responsibility for the payment of all contributions and pay all tool taxes, as to its employees, servants or
agents engaged in performance of the work specified in the contract documents.
Optional termination by BSNL (other than due default of contractor):
The BSNL may, at any time, at its option for reasons other than breach of contractor concerned under
clause 23 cancel or terminate this contract by written notice to the contractor in which event the
contractor shall be entitled to payment for the work done up to the time of such cancellation and a
reasonable compensation in accordance with the contract balance prices for any additional expenses
already incurred for work exclusive of purchases and/or hire of material, machinery and other equipment
for the use in or in the work.
In the event of the termination of contract, the contractor shall forth will clear the site of all the
contractor's materials, machinery and equipments and hand over possession of the work operation
concerned to the BSNL or as the BSNL may direct.
The BSNL may, at its option, cancel or omit the execution one or more items of work under this contract
and any part of such item(s) without any compensation whatsoever to the contractor.
Taxes and Duties:
Contractor shall pay all taxes except service tax and duties payable or arising from out of by virtue of or
in connection with and/or incidental to the contract or any of the obligations of the parties in terms of the
contract Documents and/or in respect of the works or operations or any part thereof to be performed by
21
23.
(i)
(ii)
(iii)
(iv)
23.1
(a)
(b)
(c)
23.2
23.3
23.4

the contractor and the contractor shall indemnify and keep indemnified the BSNL from and against the
same or any default by the contractor in the payment thereof.
Breach of contract:
The BSNL may without any prejudice to this right against the contractor in respect of any delay or
inferior workmanship or otherwise or to any other claims damage in respect of any breaches of the
contract and without prejudice to any right and remedies under any of the provisions of this contract or
otherwise and whether the date for completion has or has not elapsed by notice in writing absolutely
determine the contract in any of the following case:If the contractor having been given by the DE(A&P) O/o TDM, HARDOI a notice in writing to rectify,
reconstruct or replace any defective work or that the work is being performed in any inefficient or any
otherwise improper or un work man like manner shall omit to employ with requirements of such notice
for a period of seven days thereafter or if the contractor shall delay or suspend the execution of the work
so that either in judgments of the DE(A&P) O/o TDM, HARDOI (which shall be final and binding) he
will be unable to secure completion of the work by the date for completion or he has already failed to
complete the work by that date.
If the contractor being a company shall pass a resolution or the court shall make an order that the
company shall be wound up or if a receiver or a manager on the behalf of stances shall arise which entitle
the court or creditor to appoint a receiver or a manager or which entitle the court to make a winding up
order.
If the contractor commits breach of any of the terms and conditions of this contract.
If the contractor commits any acts mentioned in clause 6.1 hereof.
When the contractor has made himself liable for action under any of the aforesaid, the DE(A&P) O/o
TDM, HARDOI or any other notified officers by the BSNL on the behalf of the Bharat Sanchar Nigam
Limited shall have powers.
To determine or rescind the contract as aforesaid for which termination or rescission notice in writing to
the contractor under hand of the DE (A&P) O/O TDM, HARDOI or any other officers notified by the
BSNL shall be conclusive evidence. Upon such determination or rescission the security deposit of the
contractor shall be liable to be forfeited and shall be absolutely at the disposal of BSNL.
To employ labour paid by the BSNL and to supply material to carry out the works or any part of the work
debiting the contractor with the cost of the labour and the price of materials (of the amount of which cost
and price certified by the DE(A&P) O/O TDM, HARDOI shall be final and conclusive against the
contractor) and crediting him with the value of the work done in all respect in the same manner and the
same rates as it has been carried out by the contractor under the terms of contract. The certificate of the
DE(A&P) O/O TDM, HARDOI as to the value of the work done shall be final and conclusive against the
contractor), provided always that action under the sub-clause shall only be taken after giving notice in
writing to the contractor. Provided also if the expenses incurred by the BSNL are less than the amount
payable to the contractor at his agreement rates, the difference should not to be paid to the contractor.
After giving notice to the contractor to measure up the work of the contractor and to take such part
thereof as shall be unexecuted out of his hand and to give to another contractor to complete in which case
any expenses which may be incurred in excess of the sum which would have been paid to the original
contractor if the whole work has been executed by him (of the amount of which excess the certificate in
writing of the DE(A&P) O/O TDM, HARDOI shall be final and conclusive) shall be borne and paid by
the original contractor and may be deducted from any money due to him by the BSNL under this contract
or any other account or whatsoever or from his security deposit or the proceed of sales thereof or a
sufficient part thereof as the case may be.
In the event of any or more of the above courses being adopted by the DE(A&P) O/O TDM, HARDOI
the contractor shall have no claim to compensation of any loss sustained by him by reason of his having
purchased or procured any material or entered into any engagements or made any advances of account or
with a view the execution of work or the performance of contract. And in case action is taken under any
of the provisions aforesaid, the contractor shall not be entitled to recover or be paid any sum for any
work thereto or actually performed under this contract unless and until the DE(A&P) O/O TDM,
HARDOI has certified in writing the performance of such work and the value payable in respect thereof
and he shall only be entitled to be paid the value so certified.
In case in which any of the powers conferred upon the DE(A&P) O/O TDM, HARDOI by clause
thereof, shall have become exercisable and the same shall not be exercised, the
Non exercise thereof shall not constitute a waiver of any of the conditions here of and such power
shall not withstanding be exercisable in the event of any future case of default by the contractor and the
liability of the contractor for compensation shall remain unaffected in the event of DE(A&P) O/o TDM,
HARDOI putting in force all or any in powers vested in him under the preceding clause, he may, if he so
desires after giving a notice in writing to the contractor, take possession of (or at the sole discretion of the
BSNL which shall be final) use as on hire (the amount of hire money being also in the final
determination of the DE(A&P) O/o TDM, HARDOI all or any tools, plant materials and stores, in or
upon the woks, or the site thereof, belonging to the contractor or procured by the contractor and intended
to be used for the execution of work or any part thereof, paying or allowing for the same an amount at the
contract rates or, in the case of these not being applicable, at current market rate to be certified by the
DE(A&P) O/O TDM, HARDOI whose certificate thereof shall be final, otherwise the DE(A&P) O/O
22
24.
24.1
24.1.1
24.1.2
24.2
25.
25.1
26.
26.1
26.2
26.3
26.4

TDM, HARDOI by notice in writing may order the contractor, or his clerk of the works, foreman or
other authorized agent to remove such tools, plant, materials, or stores from the premises (within and a
time to be specified in such notice in the event of the contractor failing to comply with any such
requisition, the DE (A&P)O/O TDM, HARDOI may remove them all at contractor's expense or sell
them by auction or private sale on account of the contractor and at his risk in all respects and the
certificate of the DE(A&P) O/O TDM, HARDOI as to expense of any such removal and the amount of
the proceeds and expense of any such sale shall be final and conclusive against the contractor.
Statutory Obligations
The payment of wages of the staff/worker should be made in accordance with the Minimum Wages Act.
Any breach of such laws or regulations shall be deemed to be breach of this contract.
The Contractor will have to observe the statutory obligations imposed under the concerned applicable
laws such as the Contract Labour(R&A) Act 1970 with Contract Labour (R&A) 1971. The employees
provident Fund Act.
The Minimum Wages Act 1948, the payment of Bonus Act, 1963, I.D. Act, 1947 and the provisions of
Employment of Children Act 1938, House of Employment Regulation and Children Act 1938. The Shops
and Establishment Act. , Etc. and other relevant Acts applicable and/or statutes that may be applicable
from time to time or that may be introduced by the Central/State Government or Municipal/ Local Self
Government authorities subsequent to the date of this agreement.
The Contractor shall keep the BSNL indemnified from all acts of omissions, defaults, breaches and/or
any claim damages, loss or injury and expenses to which BSNL may be put to or involved as a result of
Contractors failure to fulfill any of the obligations here under and/or under statutes and/or any bye-laws
or rules framed there under or any of them.
In case of accident arising out of and in the course of this agreement, BSNL will not be responsible for
payment of any compensation or under any other law. It will be the sole responsibility of the contractor
for payment towards loss or compensation whatsoever. All the taxes/levies/fee charges payable to Govt.
Deptt. /Local bodies shall be paid by the contractor & no claim whatsoever should be recovered from the
BSNL.
The engagement and employment of labourers and payment of wages to them as preexisting provisions
of various labour laws and regulations is the sole responsibility of the contractor and any breach of such
laws or regulations shall be deemed to be breach of this contract. BSNL may ask the contractor to
produce documents to verify that the contractor complies with the provisions/laws. In case the contractor
fails to pay due wages to its workers, BSNL shall deduct such amount from the due amount of the
contractor and pay the wages directly to the workers
Workmen's compensation:
In every case by virtue of the provisions of section 12, sub section 91) of the workmen's compensation
Act, 1923 GOVT. is obliged to pay compensation to a workman employed by the contractor, in execution
of the works, BSNL will recover from the contractor the amount of the compensation so paid and, without prejudice to the right of the Govt. under section 12, subsection (ii).
Of the said act, Govt. shall be at liberty to recover such amount or any part thereof by deducting it from
the security deposit or from any sum due by the BSNL to the contractor whether under this contract or
otherwise. BSNL shall not to be bound to contest any claim made against it under Section 12, Subsection
(I) of the said Act, except on the written request of the contractor and upon his giving to BSNL full
security for all costs for which BSNL might become liable in consequence of contesting such claim.
Labour Welfare:
In every case in which by virtue of the provisions, of the contract labor (Regulation and Abolition) Act
1970 and of the contract labor (Regulation and abolition) central rules 1971. BSNL is obliged to pay any
amount of wages to a workman employed by the contractor in execution of the works, or to incur any
expenditure in providing welfare and health amenities required to be provided under the above said act
and the rules, under clause 19 to 19(I) and 20 of PWD-8 or under the C.P.W.D. Contractor's labor
Regulations, or under the rules framed by BSNL time to time for the protection of health and sanitary
arrangements for workers employed by C.P.W.D. contractors, BSNL will recover from the contractor the
amount of wages so paid or the amount of expenditure so incurred and without prejudice to the rights of
the Govt. under section 20, sub section (2) and section 21, sub section (4) of the contract labor
(Regulation and abolition) Act, 1970, Govt. shall be at liberty to recover such amount of any part thereof
by deducting it from the security deposit or from any sum due by BSNL to the contractor whether under
this agreement or otherwise. BSNL shall not be bound to contest any claim made against it under section
20, sub section (I) and section 21, sub section (4) of the said Ac t, except on the written request of the
contractor and upon his giving to the BSNL full security for all costs for which BSNL might become
liable in contesting such claim.
The contractor shall obtain a valid license under the contract labor from labor authorities (R&A) Act
1970 and the contract labor (regulation and Abolition) central rules, 1971 before the commencement of
the work, and continue to have a valid license until the completion of the work.
Any failure to fulfill the requirement shall attract the penal provisions of this contract arising out of the
resultant non execution of the work.
No labor below the age of eighteen years shall be employed on the work.
23
27.
27.1
27.2
27.3
27.4
27.5
27.6
28
28.1
28.2
28.3
28.4
29
(a).
(b)
30.1
30.2
30.3
31.0
31.1
a.

Fair wages:
The contractor shall pay to labor employed by him either directly or through sub contractors, wages not
less than fair wages as defined as C.P.W.D. contractor's labor Regulations or as per the provisions of the
contract labor (Regulations and abolition Act 1970 and the contract labor (regulation and abolition)
central rules 1971, whenever applicable.
The contractor shall notwithstanding the provisions of any contract to the contrary, cause to be paid fair
wage to labor indirectly engaged on the work, in connection with the said work, as if the labor had been
immediately employed by him.
In respect of all labor directly or indirectly employed in the works for performance of the contractor's
part of this agreement, the contractor shall comply with or cause to be complied with the central public
works BSNL contractor's labor regulations made by BSNL from time to item in regard to payment of
wages, wage period, deduction from wages, recovery of wages not paid and deductions unauthorizally
made, maintenance of wages books or wage slips, publication or scale of wages or and all other matters
of like nature or as per provisions to contract labor (Regulation and Abolition) Central Rules, 1971,
wherever applicable.
The DE(A&P) O/O TDM, HARDOI or his subordinate officials concerned shall have right to deduct
from the money due to the contractor any sum required or estimated to be required for making good or
loss suffered by the worker or workers by the reasons of not fulfillment of the conditions of the contract
for the benefit of the workers, nonpayment of the wages or the deductions made from his or their wages
which are not justified by their terms of the contract or non observance of the regulations.
The contractor shall comply with the provisions of the payment of the wages Act 1936 minimum wages
Act 1984, Employees liability Act 1938, workman's compensation Act 1923, Industrial Act 1947,
maternity benefits Act 1961, and the contractor's labor (Regulation and Abolition) Act 1970 or the
modifications thereof or any other laws relating thereto and the rules made there under from time to time.
The contractor shall indemnify BSNL against payments to be made under and for the observance of the
laws aforesaid and the CPWD contractor's labor regulations with out prejudice to his right to claim
indemnify from his sub contractors.
Other labour welfare measures:
The contractor shall implement the labor welfare measures enunciated in clause 19C, 19D, 19E, 19F,
19G, 19H, 19L, and 19J of the conditions contract t in the PWD.
The contractor shall also follow the safety methods enunciated in the CPWD safety code
The contractor shall comply with all the provisions of the Minimum Wages Act, 1948, Contract Labor
(R&A) Act, 1970 and rules framed and other labor laws affecting contract labor that may be brought
into force from time to time.
Partnership firms:
Where the contractor is a partnership firm, the previous approval in writing of the DE(A&P) O/o TDM,
HARDOI shall be obtained before any change partners.
Sub contract: The contractor shall not assign the sub contract or subject the whole or any part of the
works covered by the contract, under any circumstances. The contractor has also furnish the following
certificate along with tender.
BSNL shall have right to cause an audit and technical examination of the works and final bills of the
contractor including all supporting vouchers, abstract, etc. to be made after payment of the final bill and
if as a result of such audit and technical examination any sum is found to have been overpaid in respect
of any work done by the contractor under the contract or any work claimed by him to have been done by
him under the contract and found not to have been executed, the contractor shall be liable to refund the
amount of over payment and it shall be lawful for the BSNL to recover the same from him in the manner
prescribed in clause 38 above or in any other manner legally permissible; and if it is found that the
contractor was paid less than that what was due to him under the contract in respect of any work executed
by him under it, the amount of such under payment shall be duly paid by BSNL to the contractor.
Provided that the BSNL shall not be entitled to recover any sum overpaid, nor the contractor shall be
entitled to payment of any sum paid short where such payment has been agreed upon between the
DE(A&P) O/O TDM, HARDOI on the one hand and the contractor on the other hand any term of the
contract permitting payment for work after assessment by the DE(A&P) O/O TDM, HARDOI regarding
the work not specified in the schedule of rates.
Any sum of money due and payable to the contractor (including security deposit returnable to him) under
this contract may be appropriated by the BSNL and set off against any claim of the BSNL for the
payment of a sum of money arising out of under any other contract made by the contractor with the
department.
Penalty for delay in completion:
The time allowed for completion of the work as entered in the tender shall be strictly adhered, by the
contractor and shall be deemed to be the most important aspect of the contract on the part of the
contractor and shall be reckoned as entered into work order. The work shall throughout the stipulated
period of contract, be proceeded with all due diligence to achieve the desired progress uniformly and the
contractor shall pay as penalty as details given below:Contractor have to insure the immediate movement on received of fault reports through telephone/SMA
24
b.
31.2
31.3
31.4
31.4
31.5
31.6
32.
32.1
33.0
34.
34.1
34.2
35.

by the concerned officer between & AM to 5 PM.
Delay in work after reporting of faults
Penalty
pending through SMS/Telephone.
(Bill amount will be deducted)
After 1 hrs
5%
1 hrs to 2 hrs
10%
2 hrs to 4 hrs
15%
4hrs to 12 hrs
20%
12 hrs to 24 hrs
50%
Upto 24 hrs
100%
The DE(A&P) O/o TDM, HARDOI reserves the right to cancel & terminate this contract at any time,
after commencement of the work if in his judgment the work is being performed improper and the
progress is slow. If after commencement of work the contract is terminated for improper work and slow
progress the full security deposit shall be forfeited to the BSNL in addition to recovery of penalty for
delay, for this purpose the site in-charge will submit regular reports regarding progress of work with his
comments.
On any date, beyond stipulated time schedule, the contractor should proceed with the work further only
on getting a written instructions from a DE (A&P) O/O TDM, HARDOI to allow the contractor to
continue with the work on the basis of any written agreement reached between the contractor and
DE (A&P), HARDOI LUCKNOW.
However, in a particular case, if the DE(A&P) O/o TDM, HARDOI is satisfied, based on the facts and
circumstances of the case, and also based on any written representation that the contractor may make in
this regard, that delay in starting the work or the slow progress was due to reasons beyond the control of
the contractor, and for reasons not attributable directly or indirectly to the contractor, the DE(A&P) O/o
TDM, HARDOI to waive the realization of penalty for delay. Whenever such a decision has been taken,
the contractor should ensure that the DE (A&P) O/O TDM, HARDOI has obtained such approval and it
has been communicated to the contractor in writing before proceeding further with the work.
Penalty for delay in completion of the work shall be recoverable from the bills of the contractor and/or
by adjustment from the security deposit at the discretion of the department. However adjustment from
security deposit will be made only when the contract has been terminated or at the time of final
settlement of bills on completion of work.
The DE(A&P) O/o TDM, HARDOI reserves the right to cancel the contract and forfeit the security
deposit if the contractor fails to commence the work within 15 days after receipt of the work order after
obtaining a report from the DE(A&P), HARDOI.
Extension of time limit:
It will be in the discretion of the DE(A&P) O/o TDM, HARDOI to revise or modify or extend the time
limits specified for the total work awarded to the contractor or to further specify the quantum of the work
to be completed within specified period provided a written request has been received from the contractor
explaining the reasons for which such extension of time asked for, and the DE(A&P) O/o TDM,
HARDOI in the particular case is convinced and satisfied that, such extension or provisions or
modification is in the interest of the BSNL. In such case, payment of penalty for delay becomes liable
based on original.
Stores supplies by the BSNL:
All materials supplied to the contractor shall be absolute property the BSNL and shall not be removed
from site of the work except for use the work and shall be at all times open to inspection by DE(A&P)
O/O TDM, HARDOI or by his representatives. In case, the materials like pipes and accessories are taken
delivery of by the contractor and stored at the site office/store of the contractor such site office store will
also be treated "as site" for this purpose. Any such material remaining unused at the time of the
abandonment, completion or determination of the contract shall be returned to the DE (A&P) O/O TDM,
HARDOI at a place directed by him.
Safety of Riggers deployed in work
The Tenderer shall be solely responsible for the safety of the rigger involved in the work. As
the rigger is needed to work at elevated locations, on towers, on poles fitted at the terraces of
buildings, and needs to handle heavy material like dish antennae, GSM antennae etc., all
necessary precautions like safety belts, ropes, ties etc. must be provided by the Tenderer to
the rigger. Any type of insurance if necessary by the law, will be the sole responsibility of the
bidder.
If due to negligence of rigger, or due to lack of safety measures or any other reason, if any
material handled by the rigger falls down from the tower or pole the Tenderer shall be liable for
full compensation of the material to BSNL. If some person gets injured due to such an event,
the Tenderer shall be liable to face the consequences of any sort. Either legal or monetary or
any other problems arising due to such an incidence.
Price variation:
The BSNL shall not be responsible for any escalation in price of labour and materials, machinery,
25
36.
37.
37.1
37.2
37.3
37.4
37.5
37.6
38
38.1
38.2
38.3
38.4
38.5

equipment, etc. whatsoever or any increase in any duties levies, or taxes in respect thereof whatsoever
and the contractor rates and contractor's obligation shall remain unaffected by such escalation
and/increase.
Force majure:
In the event of either party being rendered unable by force majure to perform this contract, then the
obligation of the party affected by such force majure shall be suspended for the whole period during
which such cause lasts as until normal operations are resumed and when such cause ends the execution of
this contract must be resumed with all reasonable dispatch should the execution of this contract be
suspended by force majure then a corresponding extension of completion date shall be automatically
granted. The occurrence of a cause of force majure, however shall no relive the BSNL, and its obligation
to make payments to the contractor for the work satisfactorily executed prior thereto. The term force
majure as employed here in shall mean Act of God, was declared or undeclared, hostilities, enemy
actions, revolts, riots, legal lockout and illegal strikes, tidal waves, forest fires, major floods, explosions,
earth quakes, epidemics, sabotage extraordinary Act and Regulation of central or State Govt. or
Municipal Bodies. Upon the occurrence of such of cause and termination, the party rendered unable as
aforesaid shall notify the other party in writing with in 72 hours of the beginning and ending dates, giving
full particulars and evidences if required.
Payment:
The contractor may submit bills directly to DE (A&P), HARDOI.
supported by work order , agreement copy and approved rates based . Payments will be made to the
contractor against the bills to the extent of 90 % of amount within 30 days of receipt of the bill duly
verified subject to the availability of the fund . The duly verified final bill for rest 10% (subject to
deduction of security deposit) will normally be paid after six month subject to satisfactory completion of
entire work awarded.
Income tax and Sales tax will be deducted at source as per rules in force. Necessary income tax and Sales
tax deduction certificate will be issued by the AO (Cash) Hardoi detailing the amount so deducted as tax
at source at the time of payment of each bill.
The bills are to be submitted in TRIPLICATE and in the manner and form that may be prescribed by the
department. Accounts payee cheque for amounts passed in bills will be issued only after the contractor
gives a stamped receipt for the amount, unless the bills are pre receipted.
Any penalty due shall also be recoverable from the bills submitted for payment by the paying authority.
The security Deposit with the BSNL and the balance amount from the bills shall be considered for the
adjustment against liquidated damages only at the time of passing the final bills.
The final settlement of the bills and refund/adjustment/appropriation of bills of any amount retained from
the bills of the contractor shall be made fully after the BSNL is satisfied that all the contractual
obligations have been fully met and no amount remains due to recovery from the contractor on any
account
Service Tax will be paid by BSNL as applicable
General provisions:
All works to be executed under the contract shall be executed under the direction and subject to the
approval in all respect of by the TDM, Hardoi or his subordinate in-charge of work site. Who shall be
entitled to direct at what points and in what manner they to be commenced, and from time to time carried
on.
If the contractor shall desire an extension of time for completion of the work on the grounds of his having
been unavoidable, hindered in its execution or on other ground he shall apply in writing to the DE(A&P)
O/O TDM, HARDOI within 10 days of the date of hindrance on account of which he desired such
extension as aforesaid, and the DE(A&P) O/o TDM, HARDOI shall, if in his opinion reasonable grounds
be shown therefore authorize such extension of time if any, as may, in his opinion, be necessary or
proper.
If any time after the commencement of the work the CMD BSNL shall for any reason whatsoever not
required the whole work thereof as specified in the tender to be carried out of the DE(A&P) O/O TDM,
HARDOI shall give notice in writing of the fact to the contractor who shall have claim to any payment of
compensation whatsoever on account of any profit or advantages which he might have derived from the
execution of the work in full, but he did not derive in consequence of the full amount of the work not
having been carried out, neither shall he have any claim for compensation by reason of any alternations,
drawings, designs and instructions which shall involve any curtailment of the work as originally
contemplated.
Provided that the contractor shall be paid the charges for the cartage of material actually brought to the
site of the work by the contractor and rendered surpluses as a result of the abandonment or curtailment of
the work of any portion thereof and then taken back by the contractor. Provided however, that the
DE(A&P) O/O TDM, HARDOI shall have in all such cases the option of taking over all or any such
materials at their purchased price or at local current rates whichever may be less.
Whenever any claim against the contractor for the payment of a sum of money arises out of or under the
contract, BSNL shall be entitled to recover such sum by appropriating in part or whole the security
26
38.6
38.7
38.8
38.9
40.
41.
42.
(a)(b)(c)(d)-
(e)(f)(g)(h)(i)-

Deposit of the contractor, and to sell any BSNL promissory Notice etc. forming the whole or such part of
such security. In the event of the security being insufficient or if no security has been taken from the
contractor, then the balance or total sum recoverable as the case may be shall be deducted from any sum
then due or which at any time there after may become due to the contractor under this or any other
contract with BSNL. Should this not be sufficient to recover the full amount recoverable, the contractor
shall pay to BSNL on demand the balance remaining due.
Without prejudice to any of the rights or remedies under this contract, if the contractor dies, the
DE (A&P) O/o TDM, Hardoi on behalf of the President shall have the option of terminating the contract
without compensation to the contractor.
No Engineer of gazetted rank or other gazetted officer employed in Engineering or administrative duties
in an Engineering BSNL of India is allowed to work as contractor for a period of two years of his
retirement from BSNL service without the previous permission of BSNL of India. This contract is liable
to be cancelled if either the contractor or any of his employees is found at any time to the a person who
hadn't obtained the permission of BSNL of India as aforesaid before submission of the tender or
engagement in the contractor's service as the case may be.
In the event of the contractor being, adjudged insolvent or going voluntarily into liquidation of having
received order or other order under insolvency act made against him or, in the case of company, of the
passing of any resolution, or making of any order for winding up whether voluntarily or otherwise, or in
the event of the contractor failing to comply with any of the conditions herein specified, the DE(A&P)
O/o TDM, HARDOI shall have the power to terminate the contract without previous notice.
Contractor's heirs representative shall with the consent in writing of the TDM, Hardoi, have the right to
continue to perform the duties or engagements of the contractor under the contract, in case of his death.
In the event of the contractor, with such aforesaid transferring his business and in the event of the
contractor being a company and being winded up any time during a period of this contract for the
purpose and with the object of transferring its business to any persons of company, the contractor shall
make it one of the terms and stipulations of the contract for the transfer of his properties and business,
that such other person or company, shall continue to perform the duties or engagements of the contractor
under this contract and be subject to this liabilities there under.
ARBITRATION:
In the event of any question, dispute or difference arising under the agreement or in connection there with
except as to matter the decision of which is specifically provided under this agreement, the same shall be
referred to sole arbitration of the TDM Hardoi. BSNL of Telecommunications or in case his designation
is changed or his office is abolished then in such case to the sole arbitration of the officer for the time
being entrusted whether in addition to the function of the TDM, Hardoi. BSNL of Telecommunications
or by whatever designation such officers may be called (hereinafter referred to as the said officer) and if
the General Manager or the said officer is unable or unwilling to act as such to the sole arbitration or
some other person appointed by the TDM, Hardoi or the said officer. The agreement to appoint an
arbitrator will be in accordance with the arbitration and conciliation act, 1996.
Paying authority- AO (Cash) O/o TDM, Hardoi.
Contractors are solely responsible for:Maintenance of prescribed records and registers.

Preparation and filling of required returns.
Contractor/Agency posses registration/license from the appropriate labour authority; and are furnishing
particulars of their employees/workers engaged by them to execute the outsourced activities.
Such contractor/agency is making payment to its worker at the rates not less than the rates prescribed
under the Minimum Wages Act, 1948, for such employment wherever applicable and where the rates
have been fixed by an agreement, not less than the rates so Fixed.
The contractor/agency has obtained registration with PE/ESI authorities.
Monitoring that all the contractors ensure timely deposit of PF and ESI dues of the employees with the
appropriate authorities and contractor be asked to submit the documents in this regard to BSNL.
The payment to workers may be made in the presence of authorized representative of BSNL who must
certify at the end of entries of Wage Register.
Such contractor is marking payment to workers by Cheque or by crediting the wages in their bank
account after obtaining written authorization of the workmen.
The employees of the Agency/Contractor deployed for the outsourced activity must be carrying their
identity cards duly certified/issued by the Agency/Contractor as their employer and so on.
27
Section VII
Agreement &
Proforma for SD
28
AGRREMENT
This agreement made on the ___________ day of ____________ 2014 between
BSNL, a Company registered under the Companies Act, 1956 and having its Registered
Office at Bharat Sanchar Bhawan, Janpath, New Delhi-110001, through its Office of Telecom
District Manager, Hardoi, hereinafter called (which expression shall unless repugnant to the
context and meaning shall deem to mean and include its successors and assigns) of the one
party
And
M/s _____________________________________, a Company registered under the
Companies Act / a Partnership firm constituted having its place of business/ Registered
Office at ____________________________. Whereas, the contractor has deposited interest free
Performance Security................... Dated .............................. of Rs............... (Rs.........................................
............................) issued by .................................. valid upto...........................
1.
2.
Herein referred to as Maintenance of wave guide, antenna & mini link of BTS sites in Hardoi
SSA. (which expression shall unless repugnant to the context or meaning thereof shall
deem to mean and include its/his/her/their respective heirs, executors, administrators and
successors/ the partner(s) for the time being of the said firm, the survivor(s) of them and the
executors, administrators and successors of the surviving partners as the case may be) of the
other party.
WHEREAS BSNL is inter-alia engaged in the business of providing cellular mobile telephone
services in the service area all over the country (except jurisdiction of BSNL) as provided in the
license issued to it by the Department of Telecommunications, Govt. of India. For Maintenance
of wave guide, antenna & mini link of BTS sites in Hardoi SSA. Revenue of BSNL requires
specialized services of agencies, which can carry out the above functions. The BTS
Maintenance work Contractor has represented to BSNL that it has the requisite skills,
knowledge, experience, expertise, infrastructure and capability to act as a wave guide,
antenna & mini link of BTS Maintenance work Contractor and that it has trained and
experienced per sons have requisite skills, knowledge to perform the functions in accordance
with the terms of this agreement. After evaluation of the agency on the basis of their
presentation and negotiation further and the financial bid submitted by them under sealed tender
and further negotiations. BSNL has agreed to accept the offer of the wave guide, antenna &
mini link of BTS Maintenance Work Contractor on the terms and conditions contained in this
agreement. The parties hereto agreed to record the terms and conditions as follows:
NOW THEREFORE THIS AGREEMENT WITNESSETH AS FOLLOWS:
APPOINTMENT AND SCOPE OF WORK:
Whereas the contractor has made the offer to duly perform the work under this contract
of the maintenance of BTS infrastructure(rigger work) for BSNL Hardoi Telecom District.
After making himself aware and understanding fully the implications of the terms and conditions
and specifications in the contract and related documents. The NIT, Tender document, Letter
of Intent & any subsequent direction given by BSNL to BTS Maintenance work Contractor
shall form integral part of this agreement. BSNL has agreed to appoint the BTS Maintenance
work Contractor on contract basis. BTS Maintenance work Contractor has agreed to act as
such on the terms and conditions as specified in this Agreement. BSNL shall from time
to time issue guidelines as to the manner in which the BTS Maintenance work Contractors
duties and obligations under the Agreement shall be per formed and the BTS Maintenance
work Contractors shall ensure strict compliance of the guidelines .BSNL at its own
discretion, may carry out the certain percentage of work by themselves.
PERIOD:
The Agreement shall be valid for a period of 12 months from the date mentioned
hereinabove, unless otherwise terminated by BSNL as provided under this Agreement.
Further extension for One year on performance shall be at the sole discretion of BSNL
and on the terms and conditions to be decided by BSNL. The decision of TDM, BSNL
Hardoi in this regard shall be final & binding.
29
3.
I)
II)
4.
4.1
4.2
4.3
4.4
5.
5.1
5.2
5.3
5.4
5.5
5.6
5.7
FEES AND CHARGES:

Fees and charges for the services rendered are prescribed in annexure to this agreement.
All the payments to the BTS Maintenance work Contractors shall be made after making
statutory deductions, if any under the relevant laws. BSNL shall also have the right to set off,
deduct and recover from the fees and charges and/or from any other sum payable to the BTS
Maintenance work Contractor, any and all amounts which may be or become payable by the
BTS Maintenance work Contractor to BSNL.
AGENCYS REPRESENTATIONS AND WARRANTIES BY AGENCY:
The BTS Maintenance work Contractor hereby represents warrants and confirms that:It has full capacity, power and authority to enter into this Agreement and during the continuance
of this agreement, will continue to have full capacity, power and authority to carry out
and perform all its duties and obligations as contemplated herein. It has already taken and
will and continue to take all necessary and further actions (including but without limitations
the obtaining of necessary approval/consents in all applicable jurisdictions) to authorize the
execution, delivery and performance of this Agreement.
It has the necessary skill, knowledge, experience, expertise, adequate capital and
competent personnel, system and procedures, infrastructure and capability to perform its
obligations in accordance with the terms of this Agreement and to the satisfaction of BSNL.
The execution of this Agreement and providing services by the BTS Maintenance work
Contractor to BSNL, does not and will not violate, breach and contravene any condition of
any agreement entered with any third party/ies.
Has complied with and obtained necessary per missions/ licenses/ authorizations under the
Central, State and Local authorities and obtained all required permissions/licenses for carrying
out its obligation under this Agreement.
RIGGERCONTRACTORS COVENENTS:
The BTS Maintenance work Contractor hereby agrees undertakes and confirms as under:That the BTS Maintenance work Contractor shall carry out its obligations and functions
under this Agreement strictly in accordance with all the guidelines, instructions, manuals
and procedures etc. (Hereinafter referred to as guidelines) prescribed by BSNL in connection
with this Agreement from time to time.
The BTS Maintenance work Contractor shall immediately notify BSNL in writing of any
event which may result in or which may give reason to believe that may cause work stoppage,
slowdown, labour dispute, strike, any labour disruption or any other impediments or disruptions
in the due performance of obligation of the BTS Maintenance work Contractor under this
Agreement. The BTS Maintenance work Contractor shall forthwith submit the report of the
events resulting in stoppage of work to BSNL. The BTS Rigger Work Contractor agrees
that notwithstanding anything contained in this Agreement in the event of any of the
eventualities mentioned herein above BSNL shall have a right to terminate this
Agreement by giving seven days notice to the BTS Maintenance work Contractor.
The BTS Maintenance work Contractor shall not at any time use or attempt to use BSNLs
name or logo for any purpose including for the purpose of this Agreement unless
specifically authorized by BSNL in writing.
The BTS Maintenance work Contractor shall ensure that its employees/ personnel shall at all
times conduct themselves within the parameter s of laws and shall not commit, abet or
permit the commission of any illegal act while working in the course of this Agreement. In the
even of any illegal act being committed or abetted, the BTS Maintenance work Contractor shall
be liable for all consequences thereof and BSNL shall not be liable either directly or indirectly.
The BTS Maintenance work Contractor shall obtain all the requisite License/permission/
authorizations from state/ central Government agencies on labour contract & shall abide by
insurance rules in this regard under all the applicable laws and keep the same valid by
renewing from time to time as required under the various Acts / Laws.
The BTS Maintenance work Contractor shall maintain all the registers and records required
to be maintained under the various Labour Enactments and Rules framed there under.
The BTS Maintenance work Contractor shall ensure that no personnel employed by the BTS
Maintenance work Contractor commits any misconduct or acts in contravention of any of
the provisions of this Agreement or instructions issued by BSNL from time to time or
commits any fraud or is involved in any criminal or civil case. If any personnel commits any
30
5.8
5.9
5.10
5.11
5.12
5.13
5.14
6.
6.1
misconduct or is involved in criminal case or is guilty of acting in contravention of any

provisions of this Agreement or any law, the BTS Maintenance work Contractor agrees to
indemnify and keep BSNL indemnified from the consequences of any such act of the personnel
as a result which BSNL has suffered or is likely to suffer any loss.
The personnel employed by the BTS Maintenance work Contractor shall not have any claim
whatsoever on BSNL and shall not raise any Industrial dispute, either directly or indirectly,
with or against BSNL, in respect of any of the service condition or otherwise.
It is further expressly clarified and agreed that in case of death or bodily injury to any such
personnel appointed by the BTS Maintenance work Contractors in some courses of carrying
out of the services of this Agreement, BSNL shall not be liable or bound to pay any monetary
compensation or otherwise be responsible in any way, whatsoever.
That the BTS Maintenance work Contractor shall immediately notify BSNL in writing if anyof
its employee or any other person engaged by the BTS Rigger Work Contractor has
committed any breach of any of the employment agreement or has committed any act
amounting to moral turpitude or has been arrested by the police or remove from the
employment of the BTS Maintenance work Contractors or committed any act which in the
opinion of the BTS Maintenance work Contractors affects the integrity of the person.
BSNL shall have the right to call upon the BTS Maintenance work Contractor to replace any
employee/ agent of the BTS Maintenance work Contractor who In the sole opinion of BSNL
is jeopardizing the interest of BSNL and the BTS Maintenance work Contractor shall forthwith
comply with the demand of BSNL.
That the BTS Maintenance work Contractor shall procure from its employees for the time being
and from such other staff as BSNL may require, an undertaking not to disclose to any
third party any confidential information or knowledge concerning the business of BSNL and
take such steps at the BTS Maintenance work Contractors own expense as BSNL may direct in
order to enforce or retain any breach of the terms of any such undertaking.
That the BTS Maintenance work Contractor specifically convents that the BTS Maintenance
Work Contractor and / or any of its employees of any other per son employed by the BTS
Maintenance work Contractor for the purpose of this agreement shall not use any illegal or
unlawful means in performing its obligations under this agreement. For any illegal or unlawful
means employed by the BTS Maintenance work Contractor and / or any of its employees
or any other person the BTS Maintenance work Contractor shall alone be responsible and
aggress to indemnify and keep indemnified BSNL Hardoi at all times against any suits,
claim, demands, petitions, actions, proceedings etc filed/initiated against BSNL Hardoi by
any person for reason whatsoever and against any loss, damage, claims, costs, charges,
expenses.
The BTS Maintenance work Contractor and its personnel shall not claim any lien on the
amount collected by the BTS Maintenance work Contractor even if any amount is due and
payable by BSNL Hardoi to the BTS Maintenance work Contractor.
The BTS Maintenance work Contractor under takes to execute such other documents as may be
required by BSNL Hardoi.
CONFIDENTIALITY AND NON-DISCLOSURE
All details, documents, data, applications, software, systems, papers, statements, business
/customer information and BSNLs practices and trade secrets (hereinafter referred to as
Confidential Information) which may be communicated to the BTS Maintenance work
Contractor and/or its employees shall be treated as absolutely confidential and the BTS
Maintenance work Contractors irrevocably agrees and undertakes and ensures that the BTS
Maintenance work Contractors and all its employees shall keep the same secret and
confidential and not disclose the same, in whole or in the part of any person without the prior
written permission of BSNL not shall use or allow to be used any information than as may be
necessary for the due performance of the BTS Maintenance work Contractors obligation
hereunder. The BTS Maintenance work Contractor hereby specifically agrees to indemnify and
keep BSNL indemnified safe and harmless at all times against all or any consequences
arising out of any breach of this undertaking by the BTS Maintenance work Contractors
and/ or its employees and shall immediately, reimburse and pay to BSNL on demand all
damages, loss, cost, expenses or any changes that BSNL may suffer, incur or pay in connection
31
therewith.
6.2
Take all necessary action to protect the confidential information against misuse, loss,
destruction, deletion and/ or alteration.
6.3
Not to misuse or permit misuse directly or indirectly, commercially exploit the
confidential information for economic or other benefit.
6.4
Not to make or retain any copies or record of any confidential information submitted by BSNL
other than as may be required for the performance of the BTS Maintenance work
Contractors obligation under this agreement.
6.5
Notify BSNL promptly of any unauthorized or improper use or disclosure of the information.
6.6
Return all the information, which is in the custody of the BTS Maintenance
Work Contractor at the end of the specific assignment.
6.7
The BTS Maintenance work Contractor hereby unconditionally agrees and undertakes that it
shall not and that its personnel shall not disclose or publish the terms and conditions of
this agreement or disclose the information submitted by BSNL under this agreement to any
third party unless such disclosure is required by law.
7.
INDEMNITY:
7.1
The BTS Maintenance work Contractor hereby agrees and covenants to indemnify and keep
indemnified BSNL against:i)
All loss, misappropriations, misuse or damage of or to the documents of any other security
instruments which are in possession of the BTS Maintenance work Contractor or its
personnel or within the control of the BTS Maintenance work Contractor or its personnel.
ii)
Any or all claims, liabilities, damages, losses, costs, charges, expenses, proceedings and
actions of any nature whatsoever made or instituted against BSNL and/ or any customer
directly or indirectly by reason of.
On behalf of BSNL
for ____________
Signed Sealed and Delivered by
the above named contractor in
presence of
Signed and Delivered on behalf of

the Managing Director BSNL by the
DE(A&P), O/o SSA Hardoi
Witness:-
Witness:-
1.
2.
1.
2.
32
PERFORMA OF PERFORMANCE SECURITY DEPOSIT

Performance Security Deposit Exemption Bank Guarantee (on Non Judicial stamp paper of Rs. 100/-)
To,
SSA
Hardoi
In consideration of the SSA BSNL Hardoi (hereinafter called the beneficiary) having agreed to
exempt(Name and address of supplier)(hereinafter called The said
Contractor) from the demand under the terms and conditions of provisional Acceptance/Approval letter
Nodated.given by the beneficiary to the said supplier, for the Tender
Nodated.for contract work of ............ (hereinafter called
the said tender terms; of performance security deposit for the due fulfillment by the said supplier of the
terms and conditions contained in the said tender terms on production of Bank guarantee for
Rs..(in words Rsonly); We ..name and Address of Bank..,
(hereinafter referred as the Bank) at the request of supplier do hereby undertake to pay to the
beneficiary an amount not exceeding Rs.. (In words.only) against any loss or
damage caused to or suffered to or would be caused to or suffered by the beneficiary by reason of any
breach by the said supplier of any of the terms and conditions contained in the said tender terms.
We,.Name & Address of Bankto hereby undertake to pay the amount due and
payable under this guarantee without any demure, merely on a demand from the beneficiary stating that
the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the
beneficiary by reason of any breach by the said contractor or any of the terms and conditions contained in
the said Tender terms or by reason of the contractor failure to perform as per the said tender terms. Any
such demand made on the band shall be conclusive as regards the amount due and payable by the bank
under this guarantee. However, our liability under this guarantee shall be restricted to an amount not
exceeding Rs..(in words Rsonly).
We,Name & Address of Bank..undertake to pay to the beneficiary any money so
demanded notwithstanding any dispute or disputes raised by the contractor in any suit or proceeding
pending before any court and tribunal relating thereto out liability under this present being absolute and
unequivocal. The payment so made by us under this bond shall be valid discharge of our liability for
payment there under and contractor shall have no claim against us for making such payment.
We,.Name & Address of Bank, further agreed that the guarantee herein
contained will remain in full force and effect during the period that would be taken for the performance
of said tender terms and that it shall continue to be enforceable till all the dues of the beneficiary under or
by virtue of the said tender terms have been fully paid and its claim satisfied or discharged the guarantee.
The demand if any for payment under the terms of this contract shall be made by the beneficiary within
the said period of (date of expiry of warranty) only. The beneficiary may enforce the
right pursuant to such demand in any court or tribunal in accordance of law.
We,..Name & Address of Bank, further agreed with the beneficiary that the
beneficiary shall have the fullest liberty without our consent and without affecting in any manner our
obligations here under to vary the terms and conditions of the said tender terms of to extend time of
performance by the said contractor from time to time or to postpone for any time or time to time any of
the powers exercisable by the beneficiary against the said contractor and to forbear or enforce any of the
terms and condition relating to the said contractor of for any forbearance act or omission on the part of
the beneficiary or any indulgence by the beneficiary to the said contractor or by the any such matter or
thing whatsoever which under to the law relating to sureties would but for the provisions have effect of
so relieving us.
This guarantee shall not be discharged due to the change in the constitution of the bank or of the said
contractor.
We,Name & Address of Bank, lastly under take not to revoke this guarantee during
its currency except with the previous consent of the beneficiary in writing.
Dated
Place.
Signature of Bank with Seal
Signature of Tenderer with Seal
33
BHARAT SANCHAR NIGAM LTD

OFFICE OT THE TELECOM DISTRICT MANAGER
HARDOI
Tender No. TDM-HDI/Tender/General-04/ 2014-15
Dated: 06.06.2014
PART - (II)
FINANCIAL BID DOCUMENT

(Separate)
Section VIII
Schedule of Rates
Maintenance of Minilink and Associated works
Signature of Issuing Authority..
34
FINANCIAL BID
To,
The DE (A&P)
O/o Telecom District Manager, BSNL, Hardoi
Tender No. TDM-HDI/Tender/General-04/ 2014-15

Sub:- Maintenance
Sl.No
1
of Minilink and Associated works.
Description of work/item
RF Cable connector fitting &
soldering of RF Cable
Appro.
Qty
Reqd
Unit
16
Nos
Dismantling of Minilink with

Accessories
12
Per tml
Installation of Minilink & it

accessories complete job at
new site (including
orientation)
10
Per tml
Adjustment of Minilink
Alignment problem
17
Per side
17
Per side
10
Per side
10
Per Joint
100
Per day
Dated: 06.06.2014
Dehoisting & Hoisting of

Radio in all height of tower
Dehoisting & Hoisting of IF
cable with making of IF
connector on both sides in all
height tower
Re-jointing of IF Cable Cut &
taping with Weather Proofing
tape in all height of Tower
Hiring of Rigger work
Rate in
figures/unit
(in Rs.)
Rate in Words/unit (in

Rs.)
Total
Service Tax Extra.
FINANCIAL BID
NOTE;
1.
2.
3.
4.
The above mentioned quantity may vary as per requirement at site. & payment will be made as per actual
measurements.
Please quote unit rate, which should be inclusive of all taxes and transportation charges. (Except service tax).
The rate quoted in words will be taken as final on discrepancies between the words & figures.
L-I will be calculated on the total of rate x qty.
Signature of Tenderer
Name & Address
35

Bharat Sanchar Nigam Limited: Telephone Exchange Lw. Rd. Hardoi

Hochgeladen von

Dokumentinformationen

Originalbeschreibung:

Originaltitel

Copyright

Verfügbare Formate

Dieses Dokument teilen

Dokument teilen oder einbetten

Freigabeoptionen

Stufen Sie dieses Dokument als nützlich ein?

Sind diese Inhalte unangemessen?

Copyright:

Verfügbare Formate

Bharat Sanchar Nigam Limited: Telephone Exchange Lw. Rd. Hardoi

Hochgeladen von

Copyright:

Verfügbare Formate

Tender For maintenance of minilink and associated works