modified bts-optimization tender

8/2/2019 Modified BTS-Optimization Tender

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BHARAT SANCHAR NIGAM LTD(A GOVT OF INDIA ENTERPRISE)

OFFICE OF THE DGM (GSM & WLL)

O/o PGMTD, Jaipur

TE Sanganeri Gate, Jaipur.

BID DOCUMENT

FOR

Providing Rigger services in Jaipur SSA for GSM /

WLL / Wi-Max O&M

BID No: DGM (GSM&WLL)/Rigger Services/ Tender/ 2011-12/ Dated: _________

DUE TO OPEN ON_________________________ AT 11.30 HOURS

1. Bid Validity: 150 days from date of opening

2. Bid Security: 180 Days from the date of Bid Opening

Page 1 of 49 Signature of bidder with seal


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TABLE OF CONTENTS

Chapter TITLE PAGE NO

1. Index, 2

2. Bid documents

Section:-

I. Notice Inviting Tender 3

II. Instructions to Bidders 5

III. General (Commercial)Conditions

Of the Contract 18IV. Special Conditions of Contract 25

V. Schedule of Requirements 39

VI. Technical specification 41

VII. Bid Form & Price Schedule 44

VIII. Bid Security Form 47

IX. Performance Security Bond Form 48

X. Letter of Authorization for Attending

Bid Opening 50

3. Check List 51

4. Near relation certificate 52



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SECTION-I

BHARAT SANCHAR NIGAM LIMITED(A Government of India Enterprise)

O/o DGM (GSM &WLL)

O/o PGMTD, BSNL, Sanganeri Gate Jaipur- 302003

NOTICE INVITING TENDER

Tender No: DGM (GSM & WLL)/ Rigger Services/ Tender/ 2011-12/ Dated: _______

DATE OF SALE OF FORM: From date: ____________ to date _________up to 15.00 Hrs

DUE DATE OF RECEIPT: Date: _________________up to 11.00 Hrs

DATE OF OPENING: On date: _______________ at 11.30 Hrs

Sealed Tenders are invited by the DGM (GSM & WLL), O/o PGMTD, Sanganeri Gate, Jaipur- 302003,

for the following items of work as detailed below:

Tender No.Nature of Work Estimated Cost

Fee for TenderDocument

including VAT

(Rs.)

Amount ofBid

security(Rs.)

DGM

(G

S

M

&

W

LL) /

Te

nd

er/

Ri

gg

er

Servi

ce

s/2

01

1-

12

/_

__

_ Dated:

__

__

__

__

_

Providing Rigger

(s) for work

on tower/

BTS site for

Feeder/ RF/

MW & misc

maintenance

work.

Rs.525/-



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The Bidders shall submit the following documents in the bid as proof of their

eligibility.

1. Experience certificate from an officer not below the rank of DGM in case of

BSNL/MTNL and/or Project Manager in case of private operator of having experienceof successfully carrying out the one of the following work (s) in at least one GSM

license area.

BTS installation work including RF feeder and antenna installation (new or

addition)

Microwave link installation/ maintenance.

RF optimization including RF drive test and Antenna reorientation etc.

BTS maintenance work (including RF feeder maintenance i.e. feeder change,replacement of jumpers/ connectors/ replacement of antenna (s), microwave

antenna alignment, repair of mw link IF cables/ connectors etc.).

BSNL/MTNL contractors who have carried out similar works under any PSU/any

private operators can also participate in the tender if they have the required experiencein execution of work as above. They may submit the experience certificate from officer

of equivalent rank in such organizations.

2. Bid Security/ EMD in the form ofBank Guarantee / Demand Draft.

3. Intending Tenderer may obtain copy of the tender documents from the DE (GSM Plg.)O/o PGMTD, TE Sanganeri Gate Jaipur on any working day on production of proof of

payment on or before __________________.

4. The payment for the tender document will be accepted in the form of Cash /Demand Draft on any Scheduled Bank payable in Jaipur in favour of the AO (Cash)

O/o PGMTD, Jaipur (Raj.).

The tender document is also placed in our website www.rajasthan.bsnl.co.in .Intending bidders may download the tender document from the website and submit

their bid along with prescribed documents. In such case the bidders should submit a

Demand Draft for Rs. 525/- in favor of The AO (Cash) O/o PGMTD, Jaipur forthe prescribed fee. This DD may be kept in a separate cover and marked as Cover-IV

(Bid Form Price). All covers(Cover I (Technical Offer), II (Financial Offer), III (Bid

Security) & IV(Bid Form Price) shall be packed in one large cover .All Xerox copies submitted shall be self attested by the authorized signatory. Tenders

are liable to be rejected if the Xerox copies are not attested.

DE(GSM Plg.)

O/o PGMTD, Jaipur

TE Sanganeri Gate,

Jaipur (Raj.) 302003



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SECTION-II

INSTRUCTIONS TO BIDDERS

INTRODUCTION

1. DEFINITIONS:(a) The Purchaser means the PRINCIPLE GENERAL MANAGER, BHARAT

SANCHAR NIGAM LIMITED JAIPUR.(b) The Bidder means the individual or firm who participate in this tender and

submits its bid.

(c) The Vendor means the individual or firm executing the work under the contract.(d) The Advance work Order means the intention of Purchaser to place the work

Order on the Bidder.

(e) The work Order means the order placed by the Purchaser on the Vendor signedby the Purchaser including all attachments and appendices there to and all

documents incorporated by reference therein. The work order shall be deemed as

Contract appearing in the document.(f) The Contract Price means the price payable to the Vendor under the work order

for the full and proper performance of its contractual obligations.(g) Validation is a process of testing the work as per the Generic Requirements in the

specifications for use in BSNL network. Validation is carried out in simulated fieldenvironment and includes stability, reliability and environmental tests. (IF

APPLICABLE).

2. ELIGIBLE BIDDERS:



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Experience certificate from an officer not below the rank of DGM/in case of

BSNL/MTNL/PSU and/or Project Manager in case of private operator of having

experience of successfully carrying out the one of the following work (s) in at least oneGSM license area.

BTS installation work including RF feeder and antenna installation (new or

addition) Microwave link installation/ maintenance.

RF optimization including RF drive test and Antenna reorientation etc.

BTS maintenance work (including RF feeder maintenance i.e. feeder change, replacementof jumpers/ connectors/ replacement of antenna (s), microwave antenna alignment, repair

of mw link IF cables/ connectors etc.).

3. DOCUMENT REQUIRED

3.1 The goods requiring bidding procedures and contract terms are prescribed in theBid Documents. The Bid Document includes:

(a) Tender Notice(b) Schedule of Requirements (Scope of work).

(c) Bid form.(d) Special Conditions of Contract, if any.

(e) Instruction to Bidders.

(f) General (Commercial) Conditions of Contract(g) Bid Security Form

(h) Performance Security Bond Form

(j) Letter of Authorization for attending Bid Opening

3.2 The Bidder is expected to examine all instructions, forms, specifications, terms and

conditions in the Bid Documents. Failure to furnish all information required as perthe Bid Documents or submission of bids not substantially responsive to the Bid

Documents in every respect will be at the Bidders risk and shall result in rejection

of the bid.

4.0 CLARIFICATION OF BID DOCUMENTS

A prospective Bidder, requiring any clarification of the Bid Documents shall notifythe Purchaser in writing or by Fax at the Purchasers mailing address indicated in

the invitation for Bids. The Purchaser shall respond in writing to any request for

clarification of the Bid Documents, which it receives not later than 14

Days prior to the date for the submission of bids. Copies of the query (withoutidentifying the sources) and clarifications by the Purchaser shall be sent to all the

prospective Bidders who have received the bid documents.

5 AMENDMENT OF BID DOCUMENTS:

5.1 At any time, prior to the date for submission of bids, the Purchaser may, for anyreason, whether at its own initiative or in response to a clarification requested by a



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prospective bidder, modify the bid documents by amendments.

5.2 The amendments shall be notified in writing or by FAX to all prospective bidders

on the address intimated at the time of purchase of bid document from thepurchaser and these amendments will be binding on them.

5.3 In order to afford prospective bidders a reasonable time to take the amendments

into account in preparing their bids, the Purchaser may, at its discretion, extend thedeadline for the submission of bids suitably.

PREPARATION OF BIDS

6. COST OF BIDDING:

The Bidder shall bear all costs associated with the preparation and submission of

the bid. The Purchaser, will in no case, be responsible or liable for these costs,regardless of the conduct or outcome of the bidding process.

7. DOCUMENTS COMPRISING THE BID:

The bid prepared by the Bidder shall comprise the following components:

(a) Documentary evidence established in accordance with Clause 2 and 10 that the

bidder is eligible to bid and is qualified to perform the contract if his bid is

accepted.

(b) Bid Security furnished in accordance with clause 11 & 12.

(c) A Clause by Clause compliance of Tender Document

(d) A Bid form and price schedule completed in accordance with clause 8, 9

8. BID FORM:

The Bidder shall complete the Bid Form and the appropriate Price Schedule

furnished in the Bid Documents, indicating the services to be provided, brief

description of the services, quantity and prices as per Section VII.

9. BID PRICES:

9.1 The Bidder shall give the total composite price inclusive of all levies & applicable

taxes i.e., Service tax, EPF etc.

The basic unit price and other component price need to be individually indicatedagainst the service proposed to be carried out under the contract as per price

schedule given in Section VII. Prices of incidental services should be quoted. The

offer shall be firm in Indian Rupees. No foreign exchange will be made availableby the Purchaser.

9.2 Prices indicated on the Price Schedule shall be entered in the following manner:

The Vendor shall quote as per price schedule given in Section VII Part III for all theitems given in schedule of requirement.



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9.3 A bid submitted with an adjustable price quotation will be treated as non-

responsive and rejected.

9.4 The unit prices quoted by the Bidder shall be in sufficient detail to enable the

Purchaser to arrive at prices of equipment/services offered.9.5 Unless otherwise stated the rates shall be quoted on F.O.R DESTINATION in the States ofRAJASTHAN in fully packed condition (where packing is prescribed in the Technical

Specification) and duly marked.

9.6 DISCOUNT, if any, offered by the Bidders shall not be considered unless they

are specifically indicated in the price schedule. Bidders desiring to offer discount

shall, therefore, modify their offers suitably while quoting and shall quote clearlynet price taking all such factors like Discount, free work, etc., into account.

9.7 The price approved by BSNL for execution of works will be inclusive of levies &

taxes, packing, forwarding, freight and insurance as mentioned in Para 9.1 above.Break-up in various heads like Service tax, Excise Duty, Sales Tax, Insurance,

Freight, and other taxes paid/payable required to be given by the vendor.

10. DOCUMENTS ESTABLISHING BIDDERSS ELIGIBILITY ANDQUALIFICATIONS:

10.1 The Bidder shall furnish, as part of his bid documents establishing the Bidders

eligibility, certified copies of the following documents:

i. Certificate of Incorporation.ii. Articles of Memorandum of Association or Partnership Deed.

iii General Power of Attorney on non judicial stamp paper of Rs. 500/- in favour of the

signatory in case of Registered Company. In case of Partnership firm, Partnership

deed may be submitted.iv. The Bidder shall furnish documentary evidence that he has the financial capability

to perform the contract such as Annual Financial Report, Certificate from Bankers,

clearance from Income-Tax and Sales Tax, etc.

v. A proof of successful execution of Educational/commercial orders for execution of

works tendered, issued by /BSNL/MTNL/ Pvt. Operators during last 3 years.

10.2 Individual signing the tender or other documents connected with the contractor

shall indicate thefull name below the signature and must specify the capacity and

authority under which he signs such document and shall also submit documentary

evidence of this authority duly attested by a Notary Public.10.3 Government of India/Financial Institutions nominees and independent non-

official part time Directors appointed by GOVT. of India or the Governor of theState are excluded from the purview of submission of certificate in regard to

employment of near relatives working in the BSNL while submitting tenders by the

limited companies.10.4 Further full time Directors of PSUs both State and Central are also excluded from

the purview of the above clause.



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10.5 The near relatives of all BSNL Employees either directly recruited or on deputation

are prohibited from participation in tenders and execution of works in the different

units of BSNL.10.6 The Tenderer should give a certificate that none of his/her such near relative is

working in the BSNL units as defined above where he is going to apply for

tender/work. In case of proprietorship firm certificate will be given by theproprietor, for partnership firm certificate will be given by all the partners and in

case of limited company by all the Directors of the company. Any breach of these

conditions by the company or firm or any other person, the tender/work will becancelled and earnest money/security deposit will be forfeited at any stage

whenever it is noticed. The BSNL will not pay any damages to the company or

firm or the concerned person. The Company or firm or the person will also be

debarred for further participation in the concerned unit.

11. BID SECURITY:

Pursuant to Clause 7, the Bidder shall furnish, as part of his bid, a bid security foran amount as mentioned in the NIT in form of Demand Draft / Bank Guarantee

from any scheduled bank

.

12. ATTRIBUTES CLAUSES

12.1 If a vendor fails to obey any of the contractual obligations, he will be debarred from

any further work/contract by BSNL for one year from the date of issue of suchorder.

12.2 The bid security is required to protect the Purchaser against the risk of Biddersconduct, which would warrant the securitys forfeiture, pursuant to Para 12.7.

12.3 The bid security shall be in the form of a Bank Guarantee issued by a scheduled

Bank in favour of the Purchaser, VALID FOR A PERIOD OF 180 DAYS. The

Bank Guarantee shall be furnished in the Performa at Section VIII or Demand Draftfrom scheduled / Nationalized Bank.

12.4 A BID NOT SECURED IN ACCORDANCE WITH PARA 12.1 & 12.3 SHALL

BE REJECTED BY THE PURCHASER AS NON-RESPONSIVE.

12.5 The bid security of the unsuccessful Bidder will be discharged / returned as

promptly as possible as but not later than 30 days after the expiry of the period ofbid validity prescribed by the Purchaser, pursuant to clause 13.

12.6 The successful Bidders bid security will be discharged upon the Bidders acceptance

of the advance purchase order satisfactorily in accordance with clause 28 andfurnishing the performance security.



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12.7 The bid security may be forfeited:

(a) If a Bidder withdraws his bid during the period of bid validity specified by theBidder on the Bid form OR

(b) In the case of a successful Bidder, if the Bidder fails:

i) To sign the contract in accordance with clause 29 ORii) To furnish performance security in accordance with clause 28.

(c) In both the above cases i.e., 12.7 (a) & (b), the bidder will not be eligible to

participate in the tender for same items for one year from the date of issue of APO.The bidder will not approach the court against the decision of BSNL in this regard.

.

13. PERIOD OF VALIDITY OF BIDS:

13.1 Bid shall remain valid for 150 days after the date of bid opening prescribed by the

Purchaser, pursuant to clause 19.1. A BID VALID FOR A SHORTER PERIOD

SHALL BE REJECTED BY THE PURCHASER AS NON-RESPONSIVE.

13.2 In exceptional circumstances, the Purchaser may request the Bidders consent foran extension to the period of bid validity. The request and the responses thereto

shall be made in writing. The bid security provided under Clause 12 shall also be

suitably extended. A Bidder may refuse the request without forfeiting his bidsecurity. A Bidder granting the request will not be permitted to modify his bid.

14. FORMAT AND SIGNING OF BID:

14.1 The original copy of the Bid shall be typed or printed, numbered consecutively and

shall be signed by the Bidder or a person or persons duly authorized to bind theBidder to the contract. The letter of authorization shall be indicated by written

power-of-attorney accompanying the bid. All pages of the original bid, except forun-amended printed literature shall be signed by the person or persons signing the

bid. The bids submitted shall be sealed properly.

14.2 The bid shall contain no interlineations, erasures or overwriting except as necessary

to correct errors made by the Bidder in which case such corrections shall be signed

by the person or persons signing the bid.

14.3

(i) The Power of Attorney should be submitted and executed on the non-judicial

stamp paper of Rs. 500/- or appropriate value as prevailing in the respective states(s)and the same be attested by a Notary public or registered before Sub-Registrar of

the states(s) concerned.

(ii)The power of Attorney be executed by a person who has been authorized by theBoard of Directors of the bidder in this regard, on behalf of theCompany/Institution/Body corporate.

(iii) In case of the bidder being a partnership firm, the said Power of Attorney should

be executed by all the partner(s) in favour of the said Attorney.

SUBMISSION OF BIDS.



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15 SEALING AND MARKING OF BIDS:

15.1 The Bidders shall seal the TECHNICAL OFFER(cover-1), FINANCIAL OFFER(cover-2, Part-III Section-VII), BID SECURITY (cover-3) and Bid form Price

(Cover-4) of the bid in separate COVERS and marked as TECHNICAL OFFER,

FINANCIAL OFFER, BID SECURITY and BID FORM PRICE against TenderNo DGM(GSM &WLL)/Rigger Services/Tender//2011-12/__ Dated:

_______________ DUE TO OPEN ON __________ AT 11.30 HRS. All the above

four covers should be placed in one large cover and sealed duly super scribing as BIDAGAINST Tender No. DGM (GSM &WLL)/Rigger Services/Tender//2011-12/__

Dated: _______________ DUE TO OPEN ON __________ AT 11.30 HRS

15.2 The inner and outer envelope shall be:

(a) Addressed to Purchaser at the following address:

DE(GSM Plg.)

Bharat Sanchar Nigam Limited,

O/o PGMTD, Jaipur

TE Sanganeri Gate, JAIPUR

(b) Bear the Tender Enquiry number DGM(GSM &WLL)/Rigger Services/Tender//2011-12/__ Dated: _______________ and the words DO NOT

OPEN BEFORE (due date)_______________.

(c) The inner and outer envelopes shall indicate the name and address of the Bidder to

enable the bid to be returned unopened in case it is declared LATE.

(d) Tenders shall not be sent by Registered Post and be delivered in person. The

responsibility for ensuring that tenders are delivered in time would vest with the

Bidder. In case Bid is received beyond the scheduled date and time, it will be

treated LATE and will be returned to the Bidder unopened.

Bids delivered in person shall be delivered to

DE(GSM Plg.)

Bharat Sanchar Nigam Limited,

O/o PGMTD, Jaipur

TE Sanganeri Gate, JAIPUR



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On or before 11.00 hours of due date. The Purchaser shall not be responsible if the

bids are delivered elsewhere.

15.3 If the inner and outer envelopes are not sealed and marked as required by para 15.1

and 15.2 the Purchaser shall not accept the bid. In case the inner envelope is not

sealed and marked as required by Para 15.1 and 15.2, the bid shall be rejected.

15.4 In no case more than one bid should be put inside a cover. In such case all the bids

shall be treated as cancelled.

16. SUBMISSION OF BIDS:

16.1 Bids must be received by the Purchaser at the address specified under Para 15.2 notlater than 11.00 hrs on due date of opening.

16.2 The Purchaser may, at its discretion, extend this deadline for the submission of bids

by amending the Bid Documents in accordance with Clause 5 in which case allrights and obligations of the Purchaser and Bidders previously subject to the

deadline will hereafter be subject to the deadline as extended.

16.3 The Bidder shall submit his bid offer against a set of bid documents purchased byhim for all or some systems/equipments/items as per requirement of the Bid

Documents. He may include alternate offer if permissible as per the bid. However,

not more than one independent and complete offer shall be permitted from theBidder.

17. BELATED RECEIPT OF BIDS:

17.1 Any bid received by the purchaser after the deadline for submission of bidsprescribed by the purchaser pursuant to clause 16, shall be rejected and returned

unopened to the bidder.

18. MODIFICATION AND WITHDRAWAL OF BIDS:

18.1 The bidder may modify or withdraw his bid after submission provided that the

written notice of the modification or withdrawal is received by the purchaser prior

to the deadline prescribed for the submission of the bids.

18.2 The Bidders modification or withdrawal notice shall be prepared, sealed, marked

and dispatched as required in the case of bid submission in accordance with theprovision of clause 15. A withdrawal notice may also be sent by FAX but followedby an original signed confirmation copy, post marked not later than the deadline for

submission of bids.

18.3 Subject to clause 20, no bid shall be modified subsequent to the deadline for

submission of bids.

BID OPENING AND EVALUATION



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19. OPENING OF BIDS BY PURCHASER:

19.1 The Purchaser shall open Technical bid on 23/ 08/11 and after its evaluation,

Financial offer will be opened on some other and due date for opening of Financial

bid will be intimated to the all eligible bidders. Bids will be opened in the presenceof Bidders or his authorized representatives who choose to attend, at 11.30 hrs. on

due date. The Bidders representatives, who are present; shall sign an attendance

register and should not use any electronic equipment in the hall. Authority letter tothis effect shall be submitted by the Bidder before they are allowed to participate in

bid opening. (AS PER FORMAT AS IN SECTION X)

19.2 Only ONE representative for any Bidder shall be authorized and permitted toattend the bid opening.

19.3 The Bidders name, Bid prices, modifications, bid withdrawals and such other

details as the Purchaser, at its discretion, may consider appropriate; will be

announced at the opening.19.4 If the date of opening of the bid happens to be an incidental holiday, the Bid will be

accepted and opened on the next working day till 11.00 AM and at 11.30 AMrespectively.

20. CLARIFICATION OF BIDS:

To assist in the examination, evaluation and comparison of bids, the

Purchaser may, at its discretion ask the Bidder for the clarification of its bid.

The request for clarification and the response shall be in writing. However, no

post bid clarification at the initiative of the Bidder; shall be entertained.

21. PRELIMINARY EVALUATION:

21.1 Purchaser shall evaluate the bids to determine whether they are complete, whetherany computational errors have been made, whether required sureties have been

furnished, whether the documents have been properly signed and whether the bids

are generally in order.

21.2 Arithmetical errors shall be rectified on the following basis. If there is adiscrepancy between the unit price and total price that is obtained by multiplying

the unit price and quantity, the unit price shall prevail and the total price shall be

corrected by the Purchaser. If there is a discrepancy between words and figures, theamount in words shall prevail. If the Vendor does not accept the correction of the

errors, his bid shall be rejected.

21.3 Prior to the detailed evaluation, pursuant to clause 22, the Purchaser will determinethe substantial responsiveness of each bid to the Bid documents. For purposes of

these clauses, a substantially responsive bid is one which conforms, to all theterms and conditions of the Bid Documents without any deviations. The

Purchasers determination of bids responsiveness shall be based on the contents ofthe bid itself without recourse to extrinsic evidence.



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21.4 A bid, determined as substantially non-responsive will be rejected by the Purchaser

and shall not subsequent to the bid opening be made responsive by the Bidder by

correction of the non-conformity.

21.5 The Purchaser may waive any minor infirmity or non-conformity or irregularity in a

bid, which does not constitute a material deviation, provided such waival does notprejudice or affect the relative ranking of any Bidder.

22. EVALUATION AND COMPARISON OF SUBSTANTIALLY RESPONSIVE

BIDS:

22.1 The Purchaser shall evaluate in detail and compare the bids previously determined

to be substantially responsive pursuant to Clause 21.

22.2 The evaluation and comparison of responsive bids shall be done on the price of theServices / goods offered inclusive of Levies & Taxes, ie., Sales Tax & Excise duty,

packing, forwarding, freight and insurance of the Price schedule Section VII (Part-

III) of the Bid Document but exclusive of Octroi & Entry tax which will be paidextra as per actual , wherever applicable

23. CONTACTING THE PURCHASER:

23.1 Subject to Clause 20, no Bidder shall try to influence the Purchaser on any matter

relating to its bid, from time of the bid opening till the time the contract is awarded.

23.2 Any effort by a Bidder to modify his bid or influence the Purchaser in thePurchasers bid evaluation, bid comparison or contract award decisions shall result

in the rejection of the bid.

24. AWARD OF CONTRACT:

24.1 The Purchaser shall consider placement of orders only on eligible Bidder whoseoffers have been found technically, commercially and financially acceptable by the

purchaser. The Purchaser reserves the right to counter offer price(s) against price(s)

quoted by any bidder.

24.2 The procurement against tender is forONE YEARrequirement and the terms andconditions of this tender shall be operative for a period of one year from date of

signing of agreement

24.3 The Purchaser shall consider placement of orders only for one Bidder (L1).

25. PURCHASERS RIGHT TO VARY QUANTITIES:

(a) BSNL will have the right to increase or decrease up to 25% of the quantity of

goods and services specified in the Schedule of requirements without any change in

the unit price or other terms and conditions at the time of award of contract within

02 months of the placement of Purchase Order.(b) In exceptional situation where the requirement is of an emergent nature and it

is necessary to ensure continued supplies from the existing venders the purchaser



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reserves the right to place repeat order up to 50% of the quantities of goods and

services contained in the running tender/contract within a period of 12 months from

the earliest date of acceptance of AWO at the same rate or a rate negotiated(downwardly) with the existing venders considering the reasonability of rates based

on prevailing market conditions and the impact of reduction in duties and taxes etc.

26. PURCHASERS RIGHT TO ACCEPT ANY BID AND TO REJECT ANY

OR ALL BIDS.

The Purchaser reserves the right to accept or reject any bid, and to annul the

bidding process and reject all bids, at any time prior to award of contract without

assigning any reason whatsoever and without thereby incurring any liability to the

affected Bidder or Bidders on the grounds for the Purchasers action.

27. PLACEMENT OF ORDER ON COUNTER OFFER

27.1 The Purchaser is not bound to award Contract at the lowest price received in theTender and reserves the right to decide on fair and reasonable price of the product

tendered and counter offer the same to the successful Bidders.27.2 All other terms and conditions of the Tender shall remain operative even if a

counter offer rate is offered to the Bidder.

28. ISSUE OF ADVANCE PURCHASE ORDER /DETAILED PURCHASE

ORDER:

28.1 The issue of an Advance work Order shall constitute the intention of the Purchaser

to enter into the contract with the Bidder. The period of contract shall be for 1YEAR from the date of signing of agreement and detailed work order will be issued

over the contract period for the requirements of the Purchaser.

28.2 The Purchaser reserves the right of staggering the quantity as per requirement

throughout the contract period.

28.3 The Bidder shall within 14 days of issue of the Advance Purchase Order, give his

acceptance along with performance security in conformity with section IX provided

with the bid documents. If the bidder fails to submit necessary Performance

Security within prescribed period in AWO, AWO automatically stands cancelled.28.4 Purchaser shall issue/place detailed purchase order/work order on the bidder after

receipt of unconditional acceptance along-with performance security in the form of

bank guarantee for the amount and period as specified in AWO.

28.5 Bidder shall acknowledge the receipt of detailed work order within 5 days.

29. SIGNING OF CONTRACT:

29.1 The issue of work Order shall constitute the award of contract on the Bidder.



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29.2 Upon the successful Bidder furnishing the performance security, pursuant to Clause

28, the purchaser shall discharge its bids security, pursuant to clause 12.

30. ANNULMENT OF AWARD:

Failure of the successful Bidder to comply with the requirement of Clause 29 shall

constitute sufficient ground for the annulment of the award and forfeiture of the bid

security in which event the Purchaser may make the award to any other Bidder atthe discretion of the Purchaser or call for new bids.

31. While all the conditions specified in the Bid Documents are critical and are to be

complied Special attention of Bidder is invited to the following clauses of the biddocument, non-compliance of any one of which shall result in out-right rejection of

the bid.

(i) Clause 15.1 of Section II the bids will be recorded unopened, if covers are notproperly sealed with PERSONAL SEAL of the Bidder.

(ii) Clauses 12.1, 12.3 & 13.1 Section-II the bids will be rejected at opening stage if

bid security is not submitted as per Clauses 12.1 & 12.3 & bid validity is less thanthe period prescribed in Clause 13.1 mentioned above.

(iii) Clause 2 & 10 Section-II if the eligibility condition as per clause 2, Section-II is not

met and/or documents prescribed to establish the eligibility as per Clause 10Section II are not enclosed, the bids will be rejected without further evaluation.

(iv) Section III-Commercial Conditions & Section-VI Technical Specification-Compliance if given using ambiguous words like Noted: Understood, Noted and

Understood shall not be accepted as compliance. Mere Complied will also not

be sufficient, reference to the enclosed documents showing compliances must begiven.

(v) Section-VII, Part-III Price Schedule-Prices is not filled in as prescribed in price

schedule.

(vi) Section-II clause 9.6 on discount, which is reproduced below.

Discount, if any, offered by the Bidder shall not be considered unless they arespecifically indicated in the price schedule. Bidders desiring to offer discount shall,

therefore, modify their offers suitably while quoting and shall quote clearly net

price taking all such factors like Discount, free work, etc., into account.



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SECTION-III

General (Commercial) Conditions of the contract

1. APPLICATION:The General conditions shall apply in contracts made by the Purchaser for theexecution of work order.

2. ISSUE OF WORK AND STANDARDS:

Work order shall be issued at SSA level clearly mentioning the time limit toexecute the work order. The work will be verified at SSA level, by an officer not

below the rank of STS level. Generally this would be 4 weeks for completion of

work order. The work supplied under this contract shall conform to the standardsprescribed in the Technical Specifications.

3. PATENT RIGHTS:

The Vendor shall indemnify the Purchaser against all third-party claims ofinfringement of patent, trademark or industrial design rights arising from use of the

goods or any part thereof in Indian Telecom Network.

4. PERFORMANCE SECURITY:

4.1 All Vendor shall furnish Performance Security to the Purchaser for an amount equal

to 10% of the value of purchase order within 14 days from the date of issue ofAPO/work order by the purchaser.

4.2 The proceeds of the performance security shall be payable to the Purchaser ascompensation for any loss resulting from the Vendors failure to complete its

obligations under the Contract.

4.3 The Performance Security Bond shall be in the form of a bank guarantee issued by



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a Scheduled Bank and in the form provided in the Bid Document, Section IX. The

Performance Security shall be valid for the period oftwo year.

4.4 The Performance Security Bond will be discharged by the Purchaser after

completion of the Vendors performance obligation, including any Warranty

obligations, under the Contract.

5. INSPECTIONS AND TESTS:

5.1 The Purchaser or his representative shall have the right to inspect and test the works

being carried out as per prescribed test schedules for their conformity to the

specifications. Where the Purchaser decides to conduct such tests on the premisesof the Vendor or its subcontractor(s), all reasonable facilities and assistance like

Testing Instruments and other test gadgets including access to drawings and

production data shall be furnished to the inspectors at no charge to the Purchaser.

5.2 Should any inspected or tested works being carried out fail to conform to the

Specifications the Purchaser may reject them and the Vendor shall either re-executethe rejected works or make all alterations necessary to meet Specification

requirements free of all costs to the Purchaser.

5.3 When the performance tests called for have been successfully carried out the

Inspector/ultimate Consignee will forthwith issue a Taking Over Certificate. The

Inspector/ultimate consignee shall not delay the issue of any Taking Over

Certificate contemplated by this clause on account of minor defects in executionof work which do not materially affect the commercial use thereof provided that the

Vendor shall undertake to make good the same in a time period not exceeding six

months. The Taking Over Certificate shall be issued by the ultimate consigneewithinsix weeks of successful completion of tests.

5.4 Nothing in clause 5 shall, in any way, release the Vendor from any Warranty

or other obligations under this contract.

6. PAYMENT TERMS

a) Payment will be processed SSA wise on work order basis. On completion of

work in each work order, 90% payment of the amount will be paid after

completion of the work in the work order issued on the terms and conditions as

per Terms and Conditions under scope of work, section V of this tender, dulycertified and counter signed by the Divisional Engineer who has issued the work

order. Income Tax at source shall be deducted as per existing Government of

India rules.

b) Balance 10% payment will be done after 6 months from the date of completion

of the specified work.



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c) Paying Authority isAccounts Officer of SSA concerned

NOTE:

In case of major accident / loss on account of negligence on the part of

contractor, the contract shall be terminated and 100% of the cost of work donesupplied by the BSNL shall be recovered either from the bills due or from the

security deposit.

7. PRICES:

7.1 The price quoted by the bidder shall remain fixed during the entire

period of contract and shall not be subject to variation on any account. Abid submitted with an adjustable price quotation will be treated as non-

responsive and rejected.

7.2 Discount, if any, offered by the bidders shall not be considered unless they are

specifically indicated in the schedule of rates (Financial Bid). Bidders desiring to offerdiscount shall therefore modify their offers suitably while quoting and shall quote

clearly net price taking all such factors like Discount, free work, etc. into account.

8. CHANGES IN WORK ORDERS:

8.1 The Purchaser may, at any time, by a written order given to the Vendor, make

changes within the general scope of the contract in any one or more of thefollowing.

(a) The services to be provided by the Vendor.

(b) The place of services

(c) The method of services by using the tools of latest technology.

(d) If any such change causes an increase or decrease in the cost of, or the timerequired for the execution of the contract an equitable adjustment shall be made

in the Contract Price or execution schedule, or both, and the Contract shallaccordingly be amended. Any proposal by the bidder for adjustment under thisclause must be made within thirty days from the date of the receipt of the

change in order, and before commencement of work pursuant to Clause 8.1.

Any execution made pursuant to Clause 8.1 shall be interpreted as theacceptance of all amendments of Purchase Order unconditionally by the

Vendor.



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9. SUBCONTRACTS

The Vendor shall notify the Purchaser in writing of all subcontracts awardedunder this contract if not already specified in his bid. Such notification, in his

original bid or later shall not relieve the Vendor from any liability or obligation

under the Contract.

10. DELAYS IN THE VENDORS PERFORMANCE.

10.1 Execution of the work and performance of services shall be made by the Vendor in

accordance with the time schedule specified by the Purchaser in its Purchase Order.In case the work is not completed in the stipulated period, as indicated in the work

order, BSNL reserves the right either to short close/cancel this

Work order and/or recover liquidated damage charges. The cancellation/shortclosing of the order shall be at the risk and responsibility of the Vendor and BSNL

reserves the right to complete balance work at the risk and cost of the defaulting

vendors.

10.2 Delay by the Vendor in the Performance of its work obligations shall render the

Vendor liable to any or all of the following sanctions: forfeiture of its performance

security, imposition of liquidated damages and/or termination of the contract fordefault.

10.3 If at any time during performance of the Contract, the Vendor or subcontractor(s)encounters conditions impending timely execution of the work and performance of

service, the Vendor shall promptly notify the purchaser in writing the fact of the

delay, its likely duration and its cause(s). The vendor has to submit their request forextension before the expiry of execution period. The purchaser shall evaluate the

situation and may at its discretion extend the period for performance of the contract.

The decision regarding extension shall be communicated within One week of thereceipt of request.

10.4. If the work is not completed in the extended execution period, the work order shall

be short closed and the performance securities shall be forfeited.

11 LIQUIDATED DAMAGE:

11.1 The date of execution of the work stipulated in the acceptance of tender should bedeemed to be the essence of the contract and work must be completed not later than

the dates specified therein. Extension will not be given except in exceptional

circumstances. The extension of execution period against the work order, if any,should be granted subject to the condition that BSNL shall have the absolute right

to levy penalty for delayed execution. Should, however, work done after expiry of

the contract period, without prior concurrence of the Purchaser, and be accepted by

the consignee, such work will not deprive the Purchaser of his right to recoverliquidated damages under clause 11.2 below.



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11.2 Should the tenderer fails to deliver the services or any consignment thereof within

the period prescribed for work, the purchaser shall be entitled to recover 5 % of the

value of the delayed work for each week of delay or part thereof for a period up totwo weeks and thereafter 10% per week for next two weeks. (Maximum LD will be

30 % of the value of work order). In the case of work order where the delayed

portion of the work hamper, optimization of the systems, LD charges shall belevied as above on the total value of the concerned package of the Work Order.

Quantum of liquidated damages assessed and levied by the Purchaser shall be final

and not challengeable by the Vendor.

12. FORCE MEASURE

12.1 If at any time, during the continuance of this contract, the performance in whole or

in part by either party of any obligation under this contract shall be prevented or

delayed by reason of any war, hostility, acts of the public enemy, civil commotion,

sabotage, fires, floods, explosions, epidemics, quarantine restrictions. strikes,lockouts or act of God (Hereinafter referred to as events) provided notice of

happenings, of any such eventuality is given by either party to the other within 21days from the date of occurrence thereof, neither party shall by reason of such event

be entitled to terminate this contract nor shall either party have any such claim for

damages against the other in respect of such non-performance or delay inperformance, and work under the contract shall be resumed as soon as practicable

after such event may come to an end or cease to exist, and the decision of the

Purchaser as to whether the work have been so resumed or not shall be final and

conclusive, provided further that if the performance, in whole or part of anyobligation under this contract is prevented or delayed by reason of any such event

for a period exceeding 60 days either party may, at his option terminate the

contract.

12.2 Provided also that if the contract is terminated under this clause, the Purchaser shall

be at liberty to take over from the contractor at a price to be fixed by the Purchaser,which shall be final.

13. TERMINATION FOR DEFAULT:

13.1 The Purchaser may, without prejudice to any other remedy for breach of contract,

by written notice of default, sent to the Vendor, terminate this Contract in whole or

in part.a) if the Vendor fails to execute the work within the time period (s) specified in

the Contract, or any extension thereof granted by the Purchaser pursuant to

Clause 10;

b) if the Vendor fails to perform any other obligations(s) under the Contract; and

c) if the Vendor, in either of the above circumstances, (s) does not remedy his



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failure within a period of 30 days (or such longer period as the Purchaser may

authorize in writing) after receipt of the default notice from the Purchaser.

13.2 In the event the Purchaser terminates the contract in whole or in part, pursuant to

Para 13.1 the Purchaser may ask the Vendor shall continue performance of the

contract to the extent not terminated.

14. TERMINATION FOR INSOLVENCY.

The Purchaser may at any time terminate the Contract by giving written notice to the

Vendor, without compensation to the Vendor, if the Vendor becomes bankrupt or

otherwise insolvent as declared by the competent court provided that such termination

will not prejudice or affect any right of action or remedy, which has accrued or willaccrue thereafter to the Purchaser.

15. ARBITRATION:

15.1 In the event of any question, dispute or difference arising under this agreement or inconnection 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

Chief General Manager Telecom, Rajasthan Telecom Circle, Jaipur or in case his

designation is changed or his office is abolished then in such case to the solearbitration of the officer for the time being entrusted whether in addition to the

functions of the Chief General Manager Telecom, Rajasthan Telecom Circle, Jaipur

or by whatever designations such officers may be called (hereinafter referred to asthe said officer ) and if the CGMT or the said officer is unable or unwilling to act as

such to the sole arbitration or some other person appointed by the CGMT or the

said officer. The agreement to appoint an Arbitrator will be in accordance with theArbitration and Conciliation Act, 1996.

There will be no objection to any such appointment on the ground that the arbitrator

is BSNL Servant or that he has to deal with the matter to which the agreementrelates or that in the course of his duties as BSNL Servant he has expressed views

on all or any of the matter under dispute. The award of the arbitrator shall be final

and binding on the parties. In the event of such arbitrator to whom the matter isoriginally referred, being transferred or vacating his office or being unable to act for

any reasons whatsoever such CGMT or the said officer shall appoint another person

to act as arbitrator in accordance with terms of the agreement and the person soappointed shall be entitled to proceed from the stage at which it was left out by his

predecessors.



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15.2 The arbitrator may from time to time with the consent of parties enlarge the time

for making and publishing the award. Subject to aforesaid Indian Arbitration and

Conciliation Act, 1996 and the Rules made there under, any modification thereoffor the time being in force shall be deemed to apply to the arbitration proceeding

under this clause.

15.3 The venue of the arbitration proceeding shall be the Office of CGMT, RajasthanTelecom Circle, BSNL, Jaipur or such other Places as the arbitrator may decide.

16. SET OFF.

Any sum of money due and payable to the contractor (including security deposit

refundable to him) under this contract may be appropriated by the Purchaser or theGovt. or any other person or persons, contracting through the Govt. of India and setoff the same against any claim of the Purchaser or Govt. or such other person or

persons for payment of a sum of money arising out of this contract or under any

other contract made by the Contractor with the Purchaser of Govt. or such otherperson or persons contracting through BSNL of India. It is an agreed term of the

contract that the sum of money so withheld under this clause by the Purchaser or

BSNL will be kept withheld as such by the Purchaser or BSNL till his claim

arising out of the same contract or any other contract is either mutually settled ordetermined by the competent court and that the Contractor shall have no claim for

interest or damages whatsoever on this account or on any other ground in respect of

any sum of money withheld under this clause any duly notified as such to theContractor.

17. LEGAL JURISDICTIONIt is also a condition of this contract that the Court which has territorial jurisdiction

upon the place from which the acceptance of tender is issued shall have absolute

jurisdiction for adjudicating any difference or disputes arising out of this contract.

In this case, jurisdiction territory will be Jaipur.



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SECTION-IV

SPECIAL CONDITIONS OF CONTRACT

1. GENERAL:

1.1 The work shall be accepted only after work completion certificate issued by concerned

Site In-charge from BSNL.

1.2 The BSNL reserves the right to disqualify such bidders who have a record of notmeeting contractual obligations against earlier contracts entered into with the

Department.

1.3 The BSNL reserves the right to black list a bidder for a suitable period in case he fails

to honour his bid without sufficient grounds.1.4 The BSNL reserves the right to counter offer price(s) against price(s) quoted by any

bidder.

1.5 Any clarification issued by Department, in response to query raised by prospectivebidders shall form an integral part of bid documents and it may amount to amendment

of relevant clauses of the bid documents.

1.6 Tender will be evaluated as a single package of all the items given in the priceSchedule.

1.7 All work to be executed under the contract shall be executed under the direction and

subject to the approval in all respects by the DGM concerned or Engineer In-charge

of'work site who shall be entitled to direct at what point or points and what manner

they are to be commenced , and from time to time carried on.

1.8 If the contractor shall desire an extension of time for completion of the work on thegrounds of unavoidable hindrance in execution of work or on any other ground he shall

apply in writing to the Divisional Engineer within 3 days of the date of hindrance on



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account of which he desires such extension as aforesaid. In this regard the decision of

GM shall be final.

1.9 If at any time after the commencement of the work, the BSNL may feel that execution

of whole or part of work, as specified in the tender is not required to be carried out,

then the BSNL shall give notice in writing of the fact to the contractor who shall haveno claim to any payment of compensation whatsoever on account of any profit oradvantage which he might have derived 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 alterations having been made in the original specifications, drawings, designsand instructions which shall involve any curtailment of the work as originally

contemplated.

1.10. Whenever any claims against the contractor for the payment of a sum of money arisesout of or under the contract, the BSNL shall be entitled to recover such sum by

appropriating in part or whole the security deposit of the contractor, and to sell any

Government promissory notes etc., forming the whole or part of such security orrunning / Final bill pending against any contract with the department. In the event of

the security being insufficient or if no security has been taken from the contractor,

then the balance or the 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 thecontractor under this or any other contract with the BSNL should this sum be not

sufficient to cover the full amount recoverable the contract or shall pay to BSNL on

demand the balance remaining due.

1.11 In the event of the contractor being, adjusted insolvent or going voluntarily intoliquidation 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 anyorder for winding up whether voluntarily or otherwise, or in the event of thecontractor failing to comply with any of the conditions herein specified,DGM (GSM

&WLL)shall have the power to terminate the contract without any notice.

1.12 Without prejudice to any of the rights or remedies under this contract, if the

Contractor dies, the DGM (GSM &WLL) on behalf of the BSNL can terminate

Contract without compensation to the contractor. However DGM (GSM &WLL) athis discretion may permit contractor's heirs to perform the duties or engagements of

the contractor under the contract, in case of his death. In this regard the decision of

DGM (GSM &WLL) shall be the final.

1.13 In the event of the contractor, winding up his company on account of transfer or

merger of his company with any other, 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 engagement of thecontractor under this contract and be subject to his liabilities there under.



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1.14 The special conditions of the contract shall supplement the 'Instructions to the Bidders'

as contained in Section II & "General Conditions of the Contract' as contained in

Section III and wherever there is a conflict, the provisions herein shall prevail overthose in Section II and Section III

1.15 Date fixed for opening of bids is, if subsequently, declared as holiday by the BSNL,revised schedule will be notified. However, in absence of such notification, the bids

will be opened on next working day, time and venue remaining unaltered.

1.16 Commercial:

The workers engaged by firm should maintain proper discipline and good behavior with

occupants.

1. The firm shall remove such workers from the site whose behavior is found

improper, Divisional engineers decision shall be final.2. Any damage to the installation(s)/building during the maintenance period due to the

carelessness on the part of maintenance staff shall be the responsibility of firm & be

replaced/rectified without any extra cost.3. The agency will provide the workers with necessary Testing and safety equipments.

4. Any accident or damage during maintenance / operation will be the responsibility

of the agency and the BSNL will not entertain any claim, compensation, penalty,

etc. on this account or on account of non observation of any other requirement oflaw relevant to his work.

5. Agency has to observe all the labour rules and regulations in force and indemnify

BSNL against any claims whatsoever, either from this clause or any other clause inthe contract

6. Firm shall issue ID card to their workforce whenever they enter premises for

bonafied work. Nobody shall be allowed entry without work and nobody will beallowed overnight stay without work.

7. Dismantled materials shall be returned to the BSNL except those items for which

the replacement is supplied by the agency.8. The BSNL reserves the right to carry out any work at the risk and cost of the

agency, if the agency fails to perform any duty as per the contract.

9. The tenderer must obtain himself at his own expense all the information Necessary

for the purpose of tendering.11. Inspect the site and acquaint him with all the local conditions, means of access to

work and nature of work etc. No claims shall be entertained on these accounts.

12. The rates quoted must be full and final.

13. Nothing extra is payable other than the quoted rates unless specified.14. The contractor shall not sublet the work or part thereof. However service of

specialized agencies for specific work can be obtained.



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15. While working inside the premises the agency shall be responsible to provide

Necessity to them as per labour law. However existing facilities like water & toilet

can be used. (And power for bonafied use shall be provided by BSNL). Anyworkforce not required for carrying out task shall not be permitted to stay in the

premises

16. The BSNL reserves the right to terminate the contract by giving show cause noticeof one month duration at any time during the currency of the contract.

17. The BSNL reserves the right to extend the contract for a maximum period of six

months at the same rate and conditions, if mutually agreed.

18.. The contractors has to keep all the equipments and site neat and clean to avoid any

accident and or fire hazards.

19. Firm should have rounded the clock contact telephone number. In case of Emergencycontractor and authorized engineer supervisor shall be available at site on short notice

from engineer in charge and make all efforts to make the situation normal at the

earliest.

20. After the contract period is over the installation has to be duly handed over to theBSNL. The contractor shall be responsible for any discrepancies. Vis a - Vis, the

status of installation at the site plus any modification carried out during the currency

of the contract.

2. LABOUR WELFARE MEASURES AND WORKMAN

COMPENSATION

Obtaining License before commencement of work:The contractor shall obtain a valid labour license under the Contract

Labour(R&A) Act 1970 and the Contract Labour (Regulation and Abolition)

Central Rules 1971, before commencement of the work, and continue to havea valid license until the completion of work. The contractor shall also abide

by the provisions of the Child Labour (Prohibition and Regulation) Act1986. Any failure to fulfil this requirement shall attract the penal provisions

of this contact arising out of the resultant non- execution of work.

3.0 Contractors Labour Regulations:3.1.1 Working Hours

3.1.1 Normally working hours of an employee should not exceed 9 hours a

day. The working day shall be so arranged that inclusive of interval

for rest, if any, it shall not spread over more than 12 hours on anyday.

3.1.2 When a worker is made to work for more than 9 hours on any day or

for more than 48 hours in any week he shall be paid over time for theextra hours put in by him.



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3.1.3 Every worker shall be given a weekly holiday normally on a Sunday,

in accordance with the provisions of Minimum Wages (Central) Rules

1960, as amended from time to time, irrespective of whether such

worker is governed by the Minimum Wages Act or not.

3.1.4 Where the minimum wages prescribed by the Government, under theMinimum Wages Act, are not inclusive of the wages for the weekly

day of rest, the worker shall be entitled to rest day wages, at the rate

applicable to the next preceding day, provided he has worked under

the same contractor for a continuous period of not less than 6 days.

3.1.5 Where a contractor is permitted by the Engineer-in-Charge to allow a

worker to work on a normal weekly holiday, he shall grant a

substituted holiday to him for the whole day, on one of the five days,

immediately before or after the normal weekly holiday, and pay

wages to such worker for the work performed on the normal weekly

holiday at the overtime rate.

3.2.1 Display of Notice Regarding Wages Etc.

The contractor shall, before he commences his work on contract, display and

correctly maintain and continue to display and correctly maintain, in a clear

and legible condition in conspicuous places on the work, notices in English

and in local Indian languages spoken by the majority of the workers, giving

the minimum rates of the wages fixed under Minimum Wages Act, the

actual wages being paid, the hours of work for which such wage are earned,

wages periods, dates of payments of wages and other relevant information

3.2.2 Payment of Wages.

3.2.2.1 The contractor shall fix wage periods in respect of which wages shall be payable.

3.2.2.2 No wage period shall exceed one month.

3.2.2.3 The wages of every person employed as contract labour in an establishment or by

a contractor, where less than one thousand such persons are employed, shall be paid

before the expiry of seventh day and in other cases before the expiry of tenth dayafter the last day of the wage period in respect of which the wages are payable.

3.2.2.4 Where the employment of any worker is terminated by or on behalf of thecontractor, the wages earned by him shall be paid before the expiry of the

second working day from the date on which his employment is terminated.

3.2.2.5 All payment of wages shall be made on a working day at the work premises

and during the working time and on a date notified in advance and in case

the work is completed before the expiry of the wage period, final payment

shall be made within 48 hours of the last working day.



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3.2.2.6 Wages due to every worker shall be paid to him direct or to other person

authorized by him in his behalf.

3.2.2.7 All wages shall be paid in current coin or currency or in both.

3.2.2.8 Wages shall be paid without any deductions of any kind except thosespecified by the Central government by general or special order in this

behalf or permissible under the Payment of Wages Act 1956.

3.2.2.9 A notice showing the wages period and the place and time of disbursement

Wages shall be displayed at the place of work and a copy sent by the

contractor to the Engineer-In-Charge under acknowledgement.

3.2.2.10 It shall be the duty of the contractor to ensure the disbursement of the

wages in the presence of site engineer or any other authorized representative

of the engineer in charge who will be required to be present at the place and

time of disbursement of wages by the contractor to the workmen.

3.2.2.11 The contractor shall obtain from the engineer or any other authorized

Representative of the engineer in charge, as the case may be, a certificateunder his signature at the end of the entries in the register of wages or the

wages cum muster roll, as the case may be in the following form certified

that the amount shown in the col. No..has been paid to the workman

concerned in my presence onat

3.2.3 Fines and deductions which may be made from wages

3.2.3.1The wages of a worker shall be paid to him without any deduction

of any kind except the following: -

(a) Fines

(b) Deductions for absence from duty i.e. from the place or where by the

terms of his employment he is required to work. The amount of

deduction shall be In proportion to the period for which he was absent.

(c) Deductions for damage to or loss of goods expressly entrusted to the

employed person for custody, or for loss of money or any other

deductions which he Is required to account, where such damage or lossis directly attributable to his neglect or default

(d) Deduction for recovery of advances or for adjustment or overpayment or

wages, advances granted shall be entered in a register.

(e) Any other deduction, which the Central Government may from time to

time, allows.



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3.2.3.2 No fines should be imposed on any worker save in respect of such

acts and omissions on his part as have been approved of by the labour

Commissioner.

3.2.3.3 No fine shall be imposed on a worker and no deduction for damage

or loss shall be made from his wages until the worker has been given

an opportunity of showing cause against such fines or deductions.

3.2.3.4 Every fine shall be deemed to have been imposed on the day of the

act or omission in respect of which it was imposed.

3.2.4 Labour records

3.2.4.1The contractor shall maintain a Register of Persons employed on

work on contract.

3 .2.4.2 the contractor shall maintain a Muster Roll register in respect of allworkmen, employed (not below 18 years) by him on the work.

3.2.4.3 The contractor shall maintain a Wage Register in respect of all

Workmen employed by him on the work under contract.

3.2.5.4 Register of accidents- The contractor shall maintain a register of

accident in such form as may be convenient at the work place but the

same shall include the following particulars:

a)Full Particulars of the laboures who met with accident.

b)Rate of wages.c)Sex

d) Age

d)Nature of accident and cause of accident.

e)Time and date of accident.

f) Date and time when admitted in hospital.

g)Date of discharge from the hospital.

h) Period of treatment and result of treatment.

i) Percentage of loss of earning capacity and disability as

assessed by Medical officer.

j) Claim required to be paid under Workmens Compensation Act.

k) Date of payment of compensation.

l) Amount paid with details of the person to whom the same was

paid.

m) Authority by which the compensation was assessed.

n) Remarks



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3.2.4.5. The contractor shall maintain a Register of Fines. The contractor

shall display in a good condition and in a conspicuous place of

work the approved list of acts and omission for which fines can be

imposed.

3.2.4.6. The contractor shall maintain a Register of deductions for

damage or loss.

3.2.4.7. The contractor shall maintain a Register of Advance.

3.2.4.8. The contractor shall maintain a Register of Overtime.

3.2.5 Attendance card-cum wage slip

3.2.5.1The contractor shall issue an Attendance card cum wage slip to

each workman employed by him.

3.2.5.2. The card shall be valid for each wage period

3.2.5.3. The contractor shall mark the attendance of each workman on thecard twice each day, once at the commencement of the day and

again after the rest interval, before he actually starts work.

3.2.5.4. The card shall remain in possession of the worker during the

wage Period under reference.

3.2.5.5. The contractor shall complete the wage slip portion on the reverse of

the card at least a day prior to the disbursement of wages In respect

of the wage period under reference.

3.2.5.6. The contractor shall obtain the signature or thumb impression of the

Worker on the wage slip at the time of disbursement of wages and

retain the card with him.

3.2.6 Employment card

The contractor shall issue an Employment Card to each worker

within three days of the employment of the worker

3.2.7 Service certificate On termination of employment for any reason

whatsoever the contractor shall issue to the workman whose services have

been terminated, a Service Certificate.

3.2.8 Preservation of labor recordsThe Labour records and records of Fines and deductions shall be preserved

by the contractor in original for a period of three years from the date of last

entries made in them and shall be made available for inspection by the

Engineer-In- Charge or Labour Officer or any other officers authorized by

the Ministry of Communication in this behalf.



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3.3. Power of labour officer to make investigations or enquiry.

The labour officer or any person authorized by the Central /State

Government on their behalf shall have power to make inquires with a view

to ascertaining and enforcing due and proper observance of Fair Wage

Clauses and provisions of these Regulations. He shall investigate into any

complaint regarding the default made by the contractor in regard to such

provision.

3.4. Report of Investigating officer and action thereon

The Labor Officer or other persons authorized as aforesaid shall submit a

report of result of his investigation or inquiry to the Engineer in-charge

indicating the extent, if any, to which the default has been committed with anote that necessary deductions from the contractors bill be made and the

wages and other dues be paid to the labour concerned.

3.5. Inspection of Books and Slips

The contractor shall allow inspection of all the prescribed labour

records to any of his workers or to his agent at a convenient time and

place after due notice is received or to the Labor Officer or any other

person, authorized by the Central Government on his behalf.

3.6. Submission of ReturnsThe contractor shall submit periodical returns as may be specified

from time to time.

3.7. Amendments

The Central Government may from time to time add to or amend the

regulations and on any question as to the application/interpretation or

effect of those regulations.

3.8 EPF:

Employees Provident Fund Provision may be made as per existing

Government rules.

1) Those who are having EPF registration, they shall submit the same.

2) Those who are not having the EPF registration, they will not allow to

participate in the tender.



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4 INSURANCE:

4.1 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, men,

materials etc. brought to the site and for all the work execution. The

contractor shall also take out workmens compensations

insurance as required by law and under take to indemnify and keep

indemnified the :BSNL RAJASTHAN Circle from and against all

manner and claims and demands and losses and damages and costs

( including between attorney and \ client) charges and expenses that

may arise in regard of the same or that the BSNL may suffer or incur

with respect to end / or incidental to the same. The contractor shall

have to furnish originals and / or attest copies as required by the BSNL

of the policies of insurance taken within 15 (fifteen) days of beingcalled upon to do so together with all premium receipts and other

papers related thereto which the may require.

4.2. The Contractor should make necessary arrangement for Life

Insurance of the Workmen against any accident during the

execution of work as per the labour law.

5.0 COMPLIANCE WITH LAWS AND REGULATION:

5.1During 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 applicable 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 Government,

Governmental agency or department, municipal board, Government of

other regulatory or Authorized body or persons and shall provide all

certificates of compliance therewith as may be required by such

applicable law. By-laws, Rules, Regulations, orders and/or provisions.

The contractor shall assume full responsibility for the payment of all

contributions and pay roll taxes, as to its employees, servants oragents engaged in the performance of the work specified in the

contractor documents. If the contractor shall require any assignee or

subcontractor to share any portion of the work to be performed

hereunder may be assigned, sub-leased or sub-contracted to comply

with the provisions of the clause and in this connection the contractor

agrees as to undertake to save and hold the BSNL harmless and



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indemnified from and against any/all penalties, actions, suits, losses

and damages, claims and demands and costs (inclusive between

attorney and client) charges and expenses whatsoever arising out or

occasioned, indirectly or directly, by failure of the contractor or any

assignee or sub-contractor to make full and proper compliance with

the said bye-laws, Rules, Regulations, Laws and Order and provisions

as aforesaid.

6.0 TOOLS and PLANTS.

The contractor shall provide at his own cost all tools etc. required for proper execution

of works. The contractor shall also supply without charge the requisite number of

persons with the means and materials necessary for the purpose of works, counting,weighing and assisting the measurements for examination at any time and from time to

time.

7. Participation of near relatives of the BSNL Employees in the

Tender / Execution of work in BSNL Unit.

The near relatives of BSNL Employee either directly recruited or on deputation

are prohibited from participation in tender and execution of work in the

different units of BSNL.

i) The near relatives for this purpose are defined as.

a) Member of Hindu undivided family

b) They are husband and wife.c) The one is related to the other in the manners as father, mother, son(s) & sons

wife (daughter in law), Daughter(s) & Daughters husband ( son in law)

brother(s) and brothers wife, sister(s) & sisters husband (brother in law).

ii. The company or firm or any other person is not permitted to tender for works inBSNL Unit in which his near relatives(s) is/are posted. The unit is defined as SSA/

Circle /Chief Engineer / Chief Archt./ Corporate Officer for non executive

employees and all SSA in a circle including Circle Officer/ Chief Eng./Chief Archt/Corporate office for executive employees (including those called as Gazetted

Officer at person) The tenderer should give a certificate that non of his/her such

near relatives is working in the units as defined above where he is going to applyfor tender /work.

iii Tender received in covers not sealed will not be opened or considered. Such

Tender document shall become the property of BSNL and shall be opened only onsucceeding working days of the date of opening of tenders and that to written

request is made by the tenderer for return of DD/Pay order enclosed as EMD.



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8. Location of site where the works are to be done:-

In jurisdiction of SSA Jaipur telecom district (Jaipur district & part of Dausadistrict) in RAJASTHAN TELECOM CIRCLE.

9. Acceptance condition:-

1. The Tenderer shall 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

condition. If the tender is not duly signed or is define or is incomplete in any of therequisite matter or

2. Tenders received late will not be accepted

3. The tender will quote the rate in English and for individual items in figures as well

as in words. If any discrepancy in value between rates entered in words and in figuresis noticed, the rates quoted in words only will be treated as valid .

10 REJECTION OF TENDER

The quantities mentioned in the tender schedule for each item is only approximate.

The exact quantity of work required will be ordered in either one lot or part by part

over a period of one year at the discretion of BSNL. The contractor shall not haveany claim what so ever over the quantity of work.

11. INDEMNITIES

a) The contractor shall at all times hold the BSNL harmless and indemnify fromagainst all actions, suits, proceedings, works, cost, damage charges, claims and

demands of every nature description brought or procured against BSNL, itsofficers and employees and forthwith upon demand and without protest or

demur to pay to BSNL any and all losses, damages and costs (inclusive

between attorney and client) and all costs incurred in endorsing this or anyother indemnity or security which the BSNL now or at any time have relative

to the work or the contractor's obligations or in protecting or endorsing its right

in any suit or other legal proceedings, charges and expenses and liabilities

resulting from or incidental or in connection with injury, disease or disablementto or death of any person, including employees of the contractor or damage to

property resulting from or arising out of or in any way connected with or

incidental to the operation caused by the contract documents.

b) In addition, the contractor shall at his own cost and at the request of BSNL

defend any suit or proceeding asserting a claim covered by this indemnity, butshall not settle, compound or compromise such suit or other finding without

first consulting the BSNL. In addition, the contractor shall reimburse the BSNL

or pay to the BSNL forthwith on demand without protest or demur all costs,



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charges, expenses, losses and damages otherwise incurred by it in consequence

of any claims, demands and actions which may be brought against the BSNL

arising out of or incidental or in connection with the operation covered by thecontract.

12. ELIGIBILITY CERTIFICATE & BANK GUARANTEE

(i) The Eligibility certificate and the bank guarantee in original for bid security orDemand Draft against bid security as prescribed in clauses 12.1 & 12.3.

Section-II of the Bid Documents and proof for successful execution of

Educational or Commercial Orders to confirm the established firm shall besubmitted along with the bids in the technical offer cover. The bank guarantee

so submitted shall be on prescribed non-judicial stamp paper of Rs. 100/- and

should contain full address of the issuing branch of the bank with its Telephonenumber and FAX number. This cover should be super scribed as

TECHNICAL OFFER FOR TENDER ENQUIRY No. DGM (GSM&WLL)/Rigger services/ Tender/2011-12/ Dated: _______ due to open

on _____ at 11.30 Hrs.(ii) In case where the documents of bid security required to be submitted as given in -3(i)

above is not found in the technical cover the cover containing the financial offers SHALLNOT BE OPENED AND THE BID SHALL BE REJECTED AND RETURNED TO THE

BIDDER UNOPENED.

CONCESSION:

1. Purchaser reserves the right to disqualify such Bidders who have a record of notmeeting Contractual obligations against earlier contracts entered into with the

Purchaser (IF ANY).2. Any clarification issued by BSNL in response to query raised by prospective bidders

shall form an integral part of bid documents and it may amount to amendment ofrelevant clauses of the bid documents.

3. The Purchaser reserves the right to COUNTER OFFER price(s) against price(s)

quoted by any bidder.

4. Purchaser reserves the right to BLACKLIST a bidder for a suitable period in case

bidder fails to honour his bid without sufficient grounds.

5. Purchaser reserves the right to STAGGERthe work throughout the contract period.

13. EXECUTION PERIOD:-

13.1 This contract is for the period of one year from the date of signing of agreement and

may be extended for one year depending on mutual consent and discretion of the

BSNL. Works will evenly be distributed during this period and the actual time periodfor completion of the work is given in the detailed P.O/Work order being issued by

competent authority time to time.



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13.2 Any slippage in the staggered execution schedule shall attract Liquidated Damage

Charge in terms clause 11 of section III.

14. DISTRIBUTION OF QUANTITY:

14.1. The Purchaser intends to limit the L1 technically and commercially responsiveBidders

14.2. The ordering quantity to the successful bidder will be subject to the executioncapacity of the bidder. However, the purchaser reserves the right of placement of

the order of entire tendered quantity on the bidder with the lowest evaluated price.

14.3. If the number of L1 bidder is more than one clause 14.1 will not apply and the

entire quantity will be distributed among selected bidders in the inverse ratio of thequoted price.

15. PERFORMANCE SECURITY.

All Vendors are required to furnish the Performance Security.

15.1 The bank Guarantee towards PERFORMANCE SECURITY as stipulated at Para 4of Section III shall be furnished (in the format indicated at Section IX duly issued

by a Scheduled Bank in favor of the Purchaser, on non-judicial stamp paper of Rs.

100/- (hundred) only.

16. In case of any conflict between any entries appearing in section III & IV of this

Bid Document the same appearing in section IV shall be operative.

17. PURCHASERS RIGHT TO ACCEPT ANY BID AND TO REJECT ANY

OR ALL BIDS.

The Purchaser reserves the right to accept or reject any bid, and to annual thebidding process and reject all the bids at any time prior to award of contract without

assigning any reason whatsoever and without thereby incurring any liability to the

affected Bidder or Bidders on the grounds for the purchasers action.



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SECTION: -V

SCHEDULE OF REQUIREMENTS ( Scope of the work )

1. Successful bidder will have to carry out/provide Rigger services for work asGSM/3G /WLL / Wi-max Antenna Orientation, GSM / 3G / WLL/ Wimax

Antenna Replacement / Change in position and orientation / height per

antenna/sector, Jumper change per antenna, Assembling of connector with

waveguide / repairing of connector, Replacement of connector(s), Wave Guide

replacement & Installation, M/W Antenna Orientation, M/W Antenna

Replacement/ Change in position and orientation /height per antenna, M/W

Antenna IF cable / Connector repair/ replacement . Assisting the BTS

maintenance teams, in carrying out any other work on tower/ BTS site.

2. Rates shall be quoted on FIRM PRICE BASIS in the Format at Section-VII,

Part-III of Bid Document. Bidders have to make their own arrangement for the

Measuring instruments, equipment, and any raw materials if any. Purchaser shall

not provide any assistance or essentiality certificate in this regard.

3 The bidder shall quote rates individually. If a group of bidders quote the same

rate, it will be taken that the bidders have formed a cartel. In normal case, the

offers from the bidders in cartel will be ignored. In other extreme case when it

is not practicable to ignore such offers, the ranking will be carried out based on

the performance of such firms in the recent years for the item under tenderagainst POs placed by DOT/BSNL/MTNL, any circle of DOT/BSNL/MTNL orPVT. Mobile Operators.

4 The bidder is required to provide one rigger on regular basis for the entire

period of the contract and one rigger on call basis as and when required during

the period of contract. The riggers are to report to DE (GSM O&M) at

Sanaganeri Gate Jaipur with out fail on daily basis.



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The rigger /s used in Jaipur city municipal area limits will not be provided any

transportation allowances.

Whenever rigger is required to carry out work out of Jaipur city municipal

limits, and with in Jaipur SSA limits (includes Jaipur district and part of Dausa

district)the contractor will be reimbursed the transport allowance for the

rigger(s) on submission of the original bus tickets (restricted to express bus fareof RSRTC) along with the monthly bill.

SEC