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Tender for Alarm Extension works

BHARAT SANCHAR NIGAM LTD (A Govt. of India Enterprise) Office of the G.M.(Mobile Services) 40 Vinayak Puram,Vikash Nagar Lucknow-226022 TENDER No: CMTS/UP(E)/Project/ Alarm Extension /T- 08 /2009-10
Cost of form Rs. 568/( Rs. 500/- + 68/- T.Tax)

Sl.NO: Issued to, M/s

Signature of issuing officer

BID DOCUMENT
Rate Contract For Alarm Extension up to BSC/MSC

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Signature of Tenderer

Tender for Alarm Extension works -2-

BHARAT SANCHAR NIGAM LIMITED Office of the G. M. (Mobile Services) Lucknow-226024

Tender No.

: CMTS/UP(E)/Project/ Alarm Extn./T-08 /2009-10

Name of work : Rate Contract for BTS Infra Alarm extension & associated works .

Section I II III IV V VI VII

Subject NIT How to Submit Instruction & Guidelines to Bidders Condition of contract Agreement Tenderer Profile Financial bid

Page No. 3 4-5 6-8 9-20 21 22-25 26

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Signature of Tenderer

Tender for Alarm Extension works

BHARAT SANCHAR NIGAM LIMITED Office of the General .Manager (Mobile Services ) 40 ,Vinayak Puram Vikash Nagar, Lucknow-2260022 No. :- CMTS/UP(E)/DE MS Project/ Alarm Extension /T-08 /2009-10 Dated:-11-2009. Notice Inviting Tender Separate wax /Tape sealed tenders are invited on behalf of CMD BSNL for RC for BTS Alarm extension up to BSC/MSC& associated works in Zone of Faizabad and sultanpur SSA of UP(E) Circle under CMTS Project from experienced contractors. Terms & conditions are given below:Tender schedule : 1. Estimated cost of work : Approx. Rs. 2325600=00 (Rs. Twenty three Lacs fifty six thousand six hundred only ) 2. Cost of tender form : Rs. 568/- including VAT (Non refundable) 3. EMD : 2.5% of estimated cost. ie Rs. 58140=00 4. SD : 7.5 % from Bills ( Total 10% including EMD ) 5. Period of contract : One Year 6. Last date & time of sale of tender form : 15.12.2009 up to 16.00 hrs. 7. Last date & time of submission of tender form : 16.12.2009 up to 14.00 hrs. 8. Date of Technical bid opening : 16.12.2009 / 15-00 hrs. 9. Last date of query: All the query should be submitted up to one week before submission of bid to 10. D.E. MS(Project) O/o GM MS (P&D) Lw. 40,Vinayak Puram Vikash Nagar, Lucknow-2260022 11. Mode of payment of Cost of form and EMD : in Cash at Cashier/ DD Bankers cheque & EMD in form of DD/ Bankers cheque in favour of Sr.AO (Cash) O/o GM MS, Lucknow, Bharat Sanchar Nigam Limited. 12. Type of Bidding : Two bid system. 13. Complete tender document is available on www.upe.bsnl.co.in which can be down loaded for bidding purpose. Eligibility: 1. Turnover : Average turnover of last three financial years ( 06-07, 07-08 and 08-09) should be equal to tender value, issued by Chartered Accountant. 2. Experience : Experience of successful installation and commissioning of Telecom Eqpt and their associated works of the amount of Rs. Five lacs in BSNL/MTNL in three financial year( 06-07, 07-08 and 08-09) . Experience Certificate should be issued by officer not below the rank of JAG level of BSNL/MTNL . 3. Registration : (a) Copy of PAN card. (b) Copy of Service Tax registration should be PAN Based in work Contract. ( c) Copy of TIN no. VAT Registration Opening of Financial Bid : - Financial Bid envelope properly sealed with wax/tape 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 of bidders by TEC from their issuing authorities .

General instructions: The work in more than one zone will not be allotted to one bidder. Howerver a firm can bid for two zone.at a time for which bids are being opened on schedule date. All tenders, in whom any of the prescribed conditions are not fulfilled or are incomplete in any respect or without valid EMD are liable to be rejected. DGM MS (PROJECT) Lucknow has the right to reject any tender in part or full without assigning any reason and is not bound to accept lowest tender. Details terms and conditions are available in the tender documents. Divisional Engineer(Project) O/o GM (MS) Lucknow
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Signature of Tenderer

Tender for Alarm Extension works

SECTION-II

HOW TO SUBMIT THE TENDER


1- The Contractor must carefully read all Terms & conditions & Specifications before filling up the Tender. 2- The tender will be in two Bid system. a) Technical Bid. b) Financial Bid. A) Technical Bid :- It will consist of followings: (i) (ii) (iii) All types of certificates (Self Attested) Technical Bid form duly signed by bidder. EMD/Cost of tender document

In envelope-I. Marked as Technical Bid

B) Financial Bid:- Financial Bid should be separated from Bid document and put in envelope-II Marked as Financial Bid duly filled clearly and signed. All these properly wax/tape sealed envelopes (I) & (II) will be kept in big envelope duly wax/tape sealed & addressed to DE(Project), O/o GM (MS) , 40,Vinayak Puram,Vikash Nagar Lucknow -226022 with tender No. Mentioned on envelope.

3- Conditional tender will not be accepted.

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Signature of Tenderer

Tender for Alarm Extension works

SECTION II BID FORM


No. :- CMTS/UP(E)/DE MS (Project/ Eqptt. Instln./T- 08 /09-10 Dated:-2009

To,
The DGM MS (PROJECT), O/o GM (Mobile Services) 40,Vinayak Puram,Vikash Nagar Lucknow-226022

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 RC for infra Alarm extension up to BSC/MSC& associated works 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 180 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 . ( 2009) Signature of authorized Signatory .. In capacity of . Duly authorized to sign the bid for and on behalf of . Witness Address. Signature

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Signature of Tenderer

Tender for Alarm Extension works

SECTION-III INSTRUCTIONS & GUIDELINES TO TENDERERS

1. The contractor must carefully read all the terms and conditions & specifications, before filling up the tender schedule and its quotation. 2. Brief Description of BTS Infra Alarm: The work will include :2.1 Alarm extension , connecting laying cable up to BTS Site with material . 2.2.1.1 Installation , Commissioning and alarm cable extension upto BTS Krone as per specification . 2.2.1.2 Commissioning , testing of all the alarm upto BSC/MSC and taking certificate from BSC/MSC In charge.. Extending ,Commissioning & Testing of all the infra alarm in OSS of GSM network (BSC/MSC) and taking certificate from BSC/MSC , In-charge in r/o following alarms :1. Mains fails 2. DG On 3. Diesel low 4. Temperature High 5. BTS Battery low 6. Cabin Door open 7. DG Battery low 8. Fire 3. Important consideration: Any clarification on the details of the work can be obtained from the DET MS(Project),LW up to one week prior to the date which is specified for opening of tender. 3.1 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. 4. Construction Equipment: The contractor shall arrange at his own expense all tools /testers 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. 5. Submission of tenders: 5.1 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 BTS infra Alarm Extension & associated works for Cellular systems. 5.2 Tender received in covers not sealed will not be opened or considered. 5.3 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. 5.4 If tenders are sent in double covers, both the inner and outer covers are to be sealed as mentioned above. 5.5 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. 5.6 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. 5.7 The tenderer will be bound by all terms, conditions and specifications as detailed in this tender document. 5.8 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. 5.9 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 MS(Project) LW. 5.10 No tender without the prescribed EMD accompanying it will be considered for acceptance. 5.11 Copy of PAN is to be submitted along with tender document. 5.12 Late tender, tenders received either by post or courier service or in person after the specified time will not be opened or considered. 5.13 No tender will be received in person by the DE MS (Project) LW 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 DGM MS

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6 Signature of Tenderer

Tender for Alarm Extension works

(PROJECT) LW. 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 MS(Project) LW or by any of his subordinates. 5.14 Tender sent by post, if delivered by the postmen after the expiry of specified time will only be recorded and not opened 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. 5.15 Incomplete tender form will be summarily rejected without giving any cause. However, DGM(Proect)MS, LW reserves the right to consider incomplete tender also if he thinks that it is beneficial to the BSNL.

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6. 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 Technical Bid Containing EMD , Signed Tender Document , Copy of certificates regarding Annual turnover of respective business , Experience certificates , PAN , Service Tax (Attested copies) . Second Financial Bid Tender offered rate sheet (schedule of work). Envelop Both Sections Technical Bid and Financial Bid should be kept in two separate envelops. On both the 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. Earnest Money: 7.1 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 favour of the. A O(Cash) MS BSNL , Lucknow payable at Lucknow. 7.2 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. 8. Security: EMD of successful bidder will be converted into Security Deposit and the remaining amount will be deducted @ 7.5% from each bill till required security ( i.e. 10% of the estimated cost. ) is recovered. 9. Refund of security deposit: (a). 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. 10. Tender schedule: The schedule is schedule of items of works & quantities. 10.1 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. 10.2 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 MS(Project) LW 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 with standing any changes as aforesaid and no revision of tendered rates shall be considered on any ground whatsoever. 11. Quotation of rates for schedule: All items of work included in the schedule should be quoted. 11.1 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. 11.2 In the case of illiterate contractor, the rates tendered should be attested by witness. 11.3 All corrections, additions and alternations in the entries and tender papers will be signed in by the tendderer . No errors or over writings shall be permissible unless attested under the signature of the bidder . Signature of Tenderer

Tender for Alarm Extension works

12.

Rejection of tenders: The DGM MS (Proj), LW reserves the right to accept or reject any or all tender on the following grounds with out assigning any reason whatsoever. (a) Consideration of any tender not supported by the requisite Earnest Money deposit in the manner provided therein. (b) 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: (a) Tenders submitted by the bidders will remain valid for acceptance for a period of 180 days from the date of opening of the tender. The bidders shall not be entitled during this period without the consent in writing of DGM MS (PROJECT) LW 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 at the same rate from the date of signing of the agreement. (b).The BSNL also reserves the right to enhance the quantity agreed upon limited to 25% of the value of the contract on approval of DGM MS (PROJECT) LW. 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 with in 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 fore fitted 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.

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8 Signature of Tenderer

Tender for Alarm Extension works

CONDITIONS OF CONTRACT 1.0 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. 1.1 In the contract, the following expressions shall unless where the context otherwise required have the meaning here by respectively assigned to them, 1.2 The expressions "Works" or "Work" shall unless and otherwise defined section-I but it will also include original, altered, substituted or additional work. 1.3 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. 1.4 "SITE ENGINEER" shall mean a Sub Divisional Engineer of the BSNL who may be placed by the D.E.T.MS(Admn) ,LW as in-charge of the work at site at any particular period of time. 1.5 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. 1.6 The "Engineer-in-charge" means the DE MS(Project) LW 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. 1.7 "BSNL" or Bharat Sanchar Nigam Limited shall mean the A Govt. of India Enterprise. 1.8 The "BSNL" will mean the Bharat Sanchar Nigam Limited, A BSNL of A Govt. India Enterprises. A. i. ii iii iv. v. vi. Vii viii. ix x. B. I. II. All references are:Bharat Sanchar Nigam Limited Cheif General Manager Telecom East UP Telecom Circle, Lucknow. G.M.MS(P&D) Lucknow. Dy.G.M.MS(P&D), LW. D.E.T(Project)MS , Lucknow. Sub Divisional Engineer under DETMS(Project) Lucknow. Junior Telecommunication Officer under DE(Project) O/O GM(MS) Lucknow. Accounts officer/ Sr. Accounts Officer. Assistant/Junior Accounts Officer. 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 MS(Project) LW0/o DGM MS(P&D), LW 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 , time to time and included their successors in office III. 2. Words imparting the singular number include the plural number and vice-versa. Period of validity: Tender will be valid for the period of one year since date of agreement which can be extended to further one year subject to mutual agreement between vender & BSNL at the same rates, terms & conditions. Detail of installation material for infra Alarm

from

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9 Signature of Tenderer

Tender for Alarm Extension works

A- Extension of Infra alarm ( Connecting , laying of alarm cable upto BTS crone ) Sl. No. Work 1 Supply and laying of PP Alarm 3 Pair Cable 2 Supply and laying of DG Alarm 5 Pair Cable

3 4 5 6

Supply of BTS Alarm3 Pair Cable Supply and installation of Krone 10 pair Tie,Lugs Tape,Conduite Pipe as required Installation, testing Commissioning,of all the Alarm up to BSC/MSC Certificate of alarm extension must be acquired from BSC/MSC Incharge Extension of Fire & temperature alarm at NBSNL Sites as per requirement if not done by Electrical wing. Supply and installation of Alarm panel (2 Zone) - 48 Volt - ISI make Supply and installation Fire Sensor - Operating Volt 48V Supply and installation Temperature Sensor - Operating Vol.48 V Supply and installation Door Switch/Door Sensor Supply and laying of Twin core 1.5Sq.mm Armoured Cu cable All the installation activity to be covered under A Sl. No.4

B 1 2 3 4

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4.0 Scope of Work :Extending ,Commissioning & Testing of all the infra alarm in OSS of GSM network (BSC/MSC) and taking certificate from BSC/MSC , In-charge in r/o following alarms :1 Mains fails 2. DG On 3. Diesel low 4. Temperature High 5. BTS Battery low 6. Cabin Door open 7. DG Battery low 8. Fire 4.5 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. 5. 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 with in a period of one month after the written final acceptance of the works by the BSNL. 6. 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 through out 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 Signature of Tenderer

Tender for Alarm Extension works

to employ in respect of the works any employee that the DGM MS (PROJECT) ,LW /Site engineer may for any reason object to. 7. 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. 8. Representative of the BSNL: The representative of the BSNL will be as mentioned in Definition. 9. Representative of contractor: 9.1 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 with in 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 like wise be given to the BSNL and who shall likewise be the contractor's representative in terms aforesaid. 9.2 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. 10. 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.

11. Changes and Extra work: 11.1 "Changes" as used here in means a substitution for, or omission of, any item of work or other requirements with in the general scope of work, the performance of or compliance with which is contemplated by the contract document. 11.2 "Extra work as used here in 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. 11.3 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. 11.4 The contractor shall not undertake or make any change or do any work under this contract unless he has received written instructions from BSNL. 11.5 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. 11.6 For extra work with in 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. 11.7 In case of such work, where in interpolation of the rates are possible such rates shall be accepted by both the parties. 11.8 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. 11.9 If the rate for the altered, additional or substituted work can not be determined in the manner specified above, then the contractor shall with in 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 DGM MS (PROJECT) LW 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.

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11 Signature of Tenderer

Tender for Alarm Extension works

11.10 More than one zone not be allotted to one bidder. The work can be shifted to other zone to any of the zone and bidder may got more work for other zone irrespective of his allotted zone depending upon quality and performance of work by the competent authority.

` 12. 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 non-compliance 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. 13. 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. 14. Notification: The contractor shall give in writing to the proper person or authority with a copy to the DET MS(Project) LW 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 through out the performance of the work together with such information and/or supporting figure as data may from time to time as directed or required. 15. 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. 16. 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. 17. 0 Refund of security Deposit: 17.1 The security deposit (including the retention money in the running bills) or a part of thereof, or such balance thereof if any as may remain after there deduction there from in respect of any outstanding bills of the contractor to the BSNL shall be paid back to the contractor on submitting a pre-receipt to the A.O.(Cash) after a satisfactory guarantee period of three months for the works costing less than rupees 20,000=00, 6 months for works costing less than one lakh and over Rs. 1 lakh one year from the date of satisfactory completion of work and final acceptance by the BSNL. The contractor shall remain liable to the BSNL in respect of any short fall and or discharge liabilities not with standing return of security deposit or any part thereof. 17.2 No interest will be payable on the earnest money or the security deposit or the amount payable to the contractor under the contract. 17.3 Refund of security deposit is subject to full and final settlement of the final bill for the work contracted/executed under the contract. 18.0 Easements permits, licenses and other facilities: . 18.1 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. 18.2 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 shall be entitled with a copy to the department.

DLT 11-30-2009[M-9415192897,9792064777][E-mail-vipin.kumar323@gmail.com] [vipin kumar][D-284 vibhuti khand,gomti nagar,lko.]


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Tender for Alarm Extension works

19. Protection of life and property and existing facilities: 19.1 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. 19.2 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. 19.3 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. 19.4 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. 20. Indemnities: 20.1 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 with out 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. 20.2 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. 21. 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. 22. Optional termination by BSNL (other than due default of contractor):

22.1 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. 22.2 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. 22.3 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.

DLT 11-30-2009[M-9415192897,9792064777][E-mail-vipin.kumar323@gmail.com] [vipin kumar][D-284 vibhuti khand,gomti nagar,lko.]


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23.0

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 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. 24. 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:(i) If the contractor having been given by the D.E.MS(Project),LW 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 DGM MS (PROJECT) LW (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. (ii) 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. (iii) If the contractor commits breach of any of the terms and conditions of this contract. (iv) If the contractor commits any acts mentioned in clause 6.1 here of. 24.1 When the contractor has made himself liable for action under any of the aforesaid, the DGM MS (PROJECT) LW or any other notified officers by the BSNL on the behalf of the Bharat Sanchar Nigam Limited shall have powers. (a) To determine or rescind the contract as aforesaid for which termination or rescission notice in writing to the contractor under hand of the DE MS(Project) LW 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. (b) 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 MS(Project) LW 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 MS(Project) LW 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 expense 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. (c) 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 MS(Project) LW 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. 24.2 In the event of any or more of the above courses being adopted by the DE MS(Project) LW 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 MS(Project) LW 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. 24.3 In case in which any of the powers conferred upon the DE MS(Project) LW by clause thereof, shall have become exercisable and the same shall not be exercised, the 24.4 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 DGM MS (PROJECT) LW 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 DGM MS (PROJECT) LW all or any tools, plant materials and

DLT 11-30-2009[M-9415192897,9792064777][E-mail-vipin.kumar323@gmail.com] [vipin kumar][D-284 vibhuti khand,gomti nagar,lko.]


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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 MS(Project) LW whose certificate thereof shall be final, otherwise the DE MS(Project) LW 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 MS(Project) LW 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 MS(Project) LW 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. 25. Inspection and measurement: 25.1 All work under or in course of execution or executed in pursuance of the contract shall at all time be open to the inspection and supervision of the DE MS(Project) LW and his authorized subordinate, and the contractor shall at all times during the usual working hours, and at all other times at which reasonable notice of the intention of the DGM MS (PROJECT) or his subordinate to visit the works shall have been given to the contractor, either himself be present to receive order and instructions, or have a responsible agent duly accreted in writing present for that purpose. Order given to the contracor's agent shall be considered to have the same force as if they had been given to the contractor himself. The work during his progress can also be inspected by the DGM MS (PROJECT), LW and the GM(MS) or any authorized officers of the BSNL. 25.2 The contractor shall give reasonable notice in writing to the DE MS(Project) LW. or his subordinate in charge of the work site before covering up or otherwise placing beyond the reach of measurements any work in order that the same may be measured and correct dimensions there of taken before the same is so covered up or place beyond the reach of measurements and shall not cover up and place beyond the reach of measurement and work without the consent in the writing of the DE MS(Project) LW or his subordinate in charge of the work site shall inspect the work, and if any work shall be covered up or placed beyond the reach of measurement with out such notice having been given or the DE MS(Project) LW consent being obtained the same shall be uncovered at the contractor's expense, or in default thereof no payment or allowance shall be made for such work or the materials with which the same was executed. 26. Workmen's compensation: 26.1 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, with-out 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 there of 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. 27. Labour Welfare: 27.1 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 with out 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 there of 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. 27.2 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. 26.3 Any failure to fulfill the requirement shall attract the penal provisions of this contract arising out of the resultant non execution of the work. 27.4 No labor below the age of eighteen years shall be employed on the work.

DLT 11-30-2009[M-9415192897,9792064777][E-mail-vipin.kumar323@gmail.com] [vipin kumar][D-284 vibhuti khand,gomti nagar,lko.]


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28. Fair wages: 28.1 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. 28.2 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. 28.3 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 unauthorizely 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. 28.4 The DE MS(Project) LW 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, non payment 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. 28.5 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. 28.6 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.

29. 29.1

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. 29.2 The contractor shall also follow the safety methods enunciated in the CPWD safety code 29.3 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. 30. Partnership firms: Where the contractor is a partnership firm, the previous approval in writing of the DGM MS (PROJECT) LW shall be obtained before any change partners. 31. Audit and technical examination: 31.1 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. 31.2 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 DGM MS (PROJECT) LW 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 MS(Project) LW regarding the work not specified in the schedule of rates. 31.3 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.

DLT 11-30-2009[M-9415192897,9792064777][E-mail-vipin.kumar323@gmail.com] [vipin kumar][D-284 vibhuti khand,gomti nagar,lko.]


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32.0 Penalty for delay in completion: 32.1 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 through out the stipulated period of contract, be proceeded with all due diligence to achieve the desired progress uniformly and the contractor shall pay as penalty an amount equal to 1% (one) percent of the amount of the work awarded for every day delay in completion of work provided always that the entire amount of penalty to be paid under the provisions of this clause shall not exceed 10 (ten) percent of the cost of the tender awarded. 32.2 The DGM MS (PROJECT) LW 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. 32.3 On any date, beyond stipulated time schedule, the contractor should proceed with the work further only on getting a written instructions from a DE MS(Project) LW to allow the contractor to continue with the work on the basis of any written agreement reached between the contractor and DE MS(Project) LW. 32.4 However, in a particular case, if the DGM MS (PROJECT) LW 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 DGM MS (PROJECT) LW to waive the realization of penalty for delay. Whenever such a decision has been taken, the contractor should ensure that the DE MS(Project) LW has obtained such approval and it has been communicated to the contractor in writing before proceeding further with the work. 32.5 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. 32.6 The DGM MS(Project) LW reserves the right to cancel the contract and forfeit the security deposit if the contractor fails to commence the work with in 15 days after receipt of the work order after obtaining a report from the DET MS(Admn)LW. 33. Extension of time limit: 33.1 It will be in the discretion of the DGM MS (PROJECT) LW 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 with in 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 DGM MS (PROJECT), LW 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. 34.0 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 MS(Project) LW 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 MS (Project) LW at a place directed by him. 35.0 Acceptance and measurement: 35.1 Measurement of each item of work shall be recorded in Measurement Book (to be supplied by the department) by Junior Telecom Officer or any other subordinate official as decided by the DE MS(Project) LW as per construction specifications. The measurement shall be subject to cent per cent checked by the SDE in charge. 35.2 All the measurements recorded in the measurement book shall be countersigned by the contractor in token of accepting the measurement recorded in the MB, No dispute regarding measurement will be entertained once the MB is signed by the contractor or his representative and any dispute should be raised before signing the MB or the nature of dispute should be recorded in the MB at the time of signing MB.

DLT 11-30-2009[M-9415192897,9792064777][E-mail-vipin.kumar323@gmail.com] [vipin kumar][D-284 vibhuti khand,gomti nagar,lko.]


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36.

Price variation: The BSNL shall not be responsible for any escalation in price of labors and materials, machinery, 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. 37. 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. 38. Payment: The contractor may submit bills in two copies along with Certificate of Alarm Extension ,work order measurement recorded by the contractor's and the BSNL site representative for the works completed in a month duly verified in all respect by the site engineers and certified by the DE MS(Project) LW Payments will be made to the contractor against the bills to the extent of 90 % of amount with in 30 days of receipt of the bill duly verified and certified after physical installation after successfully completion of deduction of 10% security deposit will be refunded after six month as per contract clauses. 38.1 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 DE MS (Project) LW or the Account Officer detailing the amount so deducted as tax at source at the time of payment of each bill. 38.2 The bills are to be submitted 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. 38.3 Any penalty due shall also be recoverable from the bills submitted for payment by the paying authority. 38.4 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. 38.5 The final settlement of the bills and refund/adjustment/appropriation of bills of any amount retained from the running 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 39 Service Tax will be paid by BSNL as applicable 40. Final acceptance:

Upon satisfactory completion of all the work provided for in the contract documents the DE MS(Project) LW shall notify the contractor in writing its final acceptance of the contractor's work by the DE MS(Project) LW. The rest of all such repairs and corrections shall be borne by the contractor. Failure or neglect on the part of the DE MS(Project) LW or his representative to confirm or reject inferior work, not withstanding, final acceptance of the work or any part there of by the BSNL/the DE MS(Project) LW or his representative shall not be construed to imply the acceptance of such work. The provisions of this clause shall not in any way affect or limit the contractors liability under the undertaking and guarantee contained in the contract document. 41. General provisions: 41.1 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 DE MS(Project) LW 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. 41.2 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 MS(Project) LW with in 10 days of the date of hindrance on account of which he desired such extension as aforesaid, and the DGM MS (PROJECT) LW 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.

DLT 11-30-2009[M-9415192897,9792064777][E-mail-vipin.kumar323@gmail.com] [vipin kumar][D-284 vibhuti khand,gomti nagar,lko.]


18 Signature of Tenderer

Tender for Alarm Extension works

41.3 If any time after the commencement of the work the President of India shall for any reason whatsoever not required the whole work thereof as specified in the tender to be carried out of the DE MS(Project) LW 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. 41.4 Provided that the contractor shall bed 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 MS(Project) LW 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. 41.5 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 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. 41.6 With out prejudice to any of the rights or remedies under this contract, if the contractor dies, the DGM/GM(MS) on behalf of the President shall have the option of terminating the contract with out compensation to the contractor. 41.7 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 with out the previous permission of BSNL of India. This contract is liable to be cancelled if either the contractor or any of his employee is found at any time to the such 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. 41.8 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 DGM MS (PROJECT) LW shall have the power to terminate the contract with out previous notice. 41.9 Contractor's heirs representative shall with the consent in writing of the DGM MS (PROJECT) LW, 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. 42. ARBITRATION: (I) 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 General Manager (P&D) Mobile Services. 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 General Manager (P&D) Mobile Services. BSNL of Telecommunications or by whatever designation such officers may be called (hereinafter referred to as the said officer) and if the General Manager(P&D) Mobile Services or the said officer is unable or unwilling to act as such to the sole arbitration or some other person appointed by the General Manager(P&D)Mobile Services or the said officer. The agreement to appoint an arbitrator will be in accordance with the arbitration and conciliation act, 1996. 43 . Division of Work :43.1 The tendered quantity can be divided among L1 & L2 bidders. at rates of L-1 bidder 43.2 The Number of Bidders on whom the order is proposed to be placed No. of Bidders =2 L1 will get 60% of tendered qty. L2 will get 40% of tendered qty. In case of equal rates each bidder will get 50% work of tendered qty.

DLT 11-30-2009[M-9415192897,9792064777][E-mail-vipin.kumar323@gmail.com] [vipin kumar][D-284 vibhuti khand,gomti nagar,lko.]


19 Signature of Tenderer

Tender for Alarm Extension works

Certificate for Alarm Extension

All the alarms to be extended


Site wise certificate to be furnished duly signed by bidder ,BSNL Site in/ charge (P&D) Lw.and BSNL Nodal person in case of non feasibility of infra alarm extension the same should be clearly mentioned against that Alarm

Performa of certificate
Name of BTS Site Date of Alarm Extension No. of Alarms extended by contractor.. CMTS Phase & Name of Vendor.

Sl. No. 1 2 3 4 5

BTS Infra Alarm Mains Fail Alarm DG on Alarm Diesel Low Alarm Temperature high Alarm BTS Battery Voltage low Alarm Cabin Door Open Alarm DG Battery Low Alarm Fire Alarm

Alarms extended by contractor

Remark

6 7 8

BSNL Nodal person


Signature with Stamp

BSNL Site Incharge


Signature with Stamp

Signature of Bidder
Stamp

DLT 11-30-2009[M-9415192897,9792064777][E-mail-vipin.kumar323@gmail.com] [vipin kumar][D-284 vibhuti khand,gomti nagar,lko.]


20 Signature of Tenderer

Tender for Alarm Extension works

SECTION -V

(Proforma )

AGREEMENT An agreement made this .......................day of .................................. between M/S (herein after called the contractor) of the one part and Bharat Sanchar Nigam Limited (herein after referred as BSNL) of the other part. Where as the contractor has offered to enter into a contract for the ........................................................................under DGM MS (PROJECT) LW as per terms & conditions specified under agreement & tender documents & rates mentioned in schedule annexed. And whereas the said contractor has previously to execution of these present deposited Rs................................................................as part of security deposit and has deposited a further sum of Rs .....................................................for satisfactory fulfillment's of contract. Now this present witness and it is hereby agreed and declared by and between the parties to these presents as follows:The contractor shall abide by the rules terms and conditions down in the conditions of contract & as per terms of tenders. Tender document will be integral part of this agreement.

Signature of the contractor Divisional Engineer(Project) 0/o GM(MS) ,Lucknow.

DLT 11-30-2009[M-9415192897,9792064777][E-mail-vipin.kumar323@gmail.com] [vipin kumar][D-284 vibhuti khand,gomti nagar,lko.]


21 Signature of Tenderer

Tender for Alarm Extension works

Section VI

Self Attested Pass port size Photo of bidder Tenderers Profile General (All items to be filled)

1. Name of the tenderer /firm _______________________ 2. Name of the person submitting the tender Shri./Smt_______________________________________ (In case of proprietary/ Partnership firm, the tender has to be signed by proprietor / Partner only, as the case may be ) 3. Address of the firm 4 Tel no. (With STD code) (O).(Fax) (R).. 5 Registration & incorporation particulars of the firm: i) ii) iii) iv) 6 7 8 Proprietorship Partnership Private Limited Public Limited(Please attach attested copies of documents of registration / incorporation of your firm with the competent authority as required by business law) Name of proprietor /Partners/ Directors.. ... Tenderers bank , its address and his current account number . ... Permanent Income Tax No .IncomeTax circle ... (Please attach a copy of last income tax return) 11. Infrastructure capabilities : a. b. c. Capacity of engaging mazdoors per day .. Particulars of vehicles available with the tenderer: Type of Vehicle(s) Registration number

12. Details of Technical and supervisory staff I/ We hereby declare that the information furnished above is true and correct Place: Date : Signature of tenderer / Authorised signatory. Nameof the tenderer 22 Signature of Tenderer

DLT 11-30-2009[M-9415192897,9792064777][E-mail-vipin.kumar323@gmail.com] [vipin kumar][D-284 vibhuti khand,gomti nagar,lko.]

Tender for Alarm Extension works

Annexure-I
FORMAT OF LETTER OF AUTHORISATION FOR ATTENDING BID OPENING

Subject: Authorisation for attending bid opening on ___________________________ (date) in the tender of _____________________________________________________________.

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

Order of Preference Name Specimen Signatures_______________________________________________________ _____________________________________________________

I II

Alternate Representative

Signatures of bidder or Officer authorised to sign the bid documents on behalf of the bidder. No. 1. Only one representative from a firm will be permitted to attend bid opening. Alternate representative will be permitted when regular representatives are not able to attend. Permission for entry to the hall where bids are open, may be refused in case authorisation as prescribed above is not recovered.

2.

DLT 11-30-2009[M-9415192897,9792064777][E-mail-vipin.kumar323@gmail.com] [vipin kumar][D-284 vibhuti khand,gomti nagar,lko.]


23 Signature of Tenderer

Tender for Alarm Extension works

Annexure-II UNDERTAKING TO BE SIGNED BY THE TENDERER I ______________________________ whose signature is given below tender for supply of ______________________________________________________________ as mentioned in the notice inviting tender by the GM MS Lucknow issued vide his No. _____________________ dated ___________ has given the following certificates. I certify that I am not related to any of the officers who are in the direct charge of the work. I also certify that I have no near relative posted as Gazetted Officer or as Divisional Accountant in U.P. W Circle or in the office of the subordinate there to. I also hereby give the name of the persons who are working with me in any capacity or subsequently to be employed by me who am near relative to any Gazetted Officer in the BSNL/ Telecom. Department or in the Ministry of Communications. I fully understood that in case of any breach of this condition by me, the BSNL would be authorised to remove my name from the approved tenderers.

Date: ______________ Signature of theTenderer in full & legible written. Address: ________________________ ________________________ ________________________

DLT 11-30-2009[M-9415192897,9792064777][E-mail-vipin.kumar323@gmail.com] [vipin kumar][D-284 vibhuti khand,gomti nagar,lko.]


24 Signature of Tenderer

Tender for Alarm Extension works

Annexure-III RELATIONSHIP CERTIFICATE

This is to certify that I ____________________________________ S/o Shri . R/o Tele. No. BSNL/DOT employee(s)/officer(s) as follows : , Mobile No. ..

Sl.

Name and Designation of BSNL/DOT Employee/Officer

Relationship if any

Remark

OR
NON-RELATIONSHIP CERTIFICATE

I S/o Shri R/o

. Tele. No. Mobile No. , hereby certified that non of my relative (s) is / are employee in BSNL. In case at any stage, it is found that the information given by me is false/incorrect the head of the SSA of BSNL shall have the absolute right to take any action as deemed fit against me without any prior intimation.

Signature of the tenderer . Name of the tenderer ... Name of tender Dated

DLT 11-30-2009[M-9415192897,9792064777][E-mail-vipin.kumar323@gmail.com] [vipin kumar][D-284 vibhuti khand,gomti nagar,lko.]


25 Signature of Tenderer

Tender for Alarm Extension works

FINANCIAL BID
Name of bidder : Name of Zone : Tender No. CMTS/UP (E)/DE MS (Project) /Alarm Extension /T-Sl. No. Work / 09-10 Unit * Rate per unit in Figure Rs. *Rate per unit in word Rs.

A- Extension of Infra alarm ( supply and laying of alarm cable upto BTS crone ) 1 Supply and laying of 3 pair alarm cable from power plant to BTS crone:- tentative length- 5m 2 Supply and laying of 5pair PIJF cable) DG Alarm from DG to BTS Crone :- tentative length -20 M 3 Supply and laying of 3 pair cable of BTS Door Alarm tentative length-5 m 4 Supply, laying 10 Pr.cable from Crone to BTS and installation of Crone 10 pair 1 Crone per BTS Site 5 Supply and installation of Tie, Lugs Tape, Conduit Pipe as required 6 Installation, testing Commissioning, of all 8 no. Alarms up to BSC/MSC. Certificate of alarm extension must be acquired from BSC/MSC incharge B Supply installation and Extension of Fire & temperature alarm at NBSNL Sites as per requirement if not done by Electrical wing. Supply and installation of Alarm panel (2 Zone) - 48 Volt - ISI make -1no. Supply and installation of Fire Sensor - Operating Volt 48V 1no. Supply and installation ofTemperature Sensor - Operating Vol.48 V 1-no. Supply and installation of Door Switch/Door Sensor 1-no. Supply and Laying of Twin core 1.5Sq.mm Armored Cu cable 5 M tentative length 5 M up to Alarm Panel

Meter Meter Meter Job. Job Alarm

No. No. No. No. Meter

2 3 4 5

All the installation activity to be covered under A Sl. No.6 Note 1 2 3

*Rates to be quoted inclusive of all taxes . Service Tax extra if applicable L-1 Bidder will be decided as per quoted rate and tentative quantity. No material, tools and testers will be supplied by BSNL

Sgnature of Bidder

DLT 11-30-2009[M-9415192897,9792064777][E-mail-vipin.kumar323@gmail.com] [vipin kumar][D-284 vibhuti khand,gomti nagar,lko.]


26 Signature of Tenderer

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