bharat sanchar nigam limited - wtr.bsnl.co.in 2015.pdf · wtr,prabhadevi,mumbai on behalf of the...

NIT-01/DE/OFC/PDI/BSNL/Cable/2015-16 Dtd- 10/06/2015

Signature and seal of the Tenderer

BHARAT SANCHAR NIGAM LIMITED [A GOVERNMENT OF INDIAENTERPRISE]

Office of the Divisional Engineer ,OFC Route WTR BSNL,Prabhadevi,

Telecom Bldg,8th floor,MTNL marg,Prabhadevi,Mumbai- 28 Office Phone No. 022/24370088.

No. NIT-01/ DE/OFC/PDI/BSNL/Cable/2015-16 Dated at Mumbai the 10.06.2015

NIT for Optical fiber cable route maintenance and cable reinstatement work in WTR Prabhadevi,Mumbai OFC Division (sections:- Dahisar-Talasari, Vasai-Virar, Palghar-Tarapur, Tarapur-Dahanu, Fountain-Dahisar, Dahanu-Charoti and Tarapur-Manor) -------------------------------------------------------------------------------------------------------------------------- SECTION 1

NOTICE INVITING TENDER 1. Wax/PVC packing tape Sealed Tenders are invited by the Divisional Engineer ,OFC Route

WTR,Prabhadevi,Mumbai on behalf of the Bharat Sanchar Nigam Limited from reliable and experienced contractors, who have completed trenching of OFC OR similar nature of civil (earth excavation)works in any Department or PSU of Govt. of India or State Govt. or Licensed Private Telecom Service Providers, for the OFC reinstatement work,OFC route/Indoor maintenance work and OFC loss improvement work including patrolling and other minor work. as per SOR for a period of 1 year

The details of the tender can be had from this office at above address or from web site http://www.wtr.bsnl.co.in/tender.htm Venue for sale, submission & opening of tender

At the Office of the Divisional Engineer ,OFC Route WTR BSNL,Prabhadevi, Telecom Bldg,8th floor,MTNL marg,Prabhadevi,Mumbai- 28 Office Phone No. 022/24370088.

Time & date for Acceptance of Tender Document

Time and date of Technical Bid opening

Time and date of Financial Bid opening

Cost of the tender

During office hrs from10.06.2015 up to 15.00 Hrs 06.07.2015

15.30 Hrs. Of 06.07.2015

15.30 Hrs. of 10.07.2015

Rs. 1154/-. Non refundable.

Tender documents will only be issued from10.06.2015 to 04.07.2015 during office hrs.on production of

of the following: Request application in original signed by the authorized person of the firm with original letter of authority

along with the cost of tender form in the form of D.D. to be drawn on any Nationalized/ Scheduled Bank in favour of ,BSNL IFA WTR, Mumbai payable at Mumbai



Tender form can also be downloaded from http://www.wtr.bsnl.co.in/tender.htm, but will be accepted only if cost of tender form in form DD is enclosed separately in envelope -I .The D.D. (Tender cost) should be valid for at least 90 days from the date of Financial bid opening of NIT.

ELIGIBILITY CRITERION FOR CONTRACTORS:Experienced contractors, who have completed trenching of OFC OR similar nature of civil (earth excavation)works in any Department or PSU of Govt. of India or State Govt. or Licensed Private Telecom Service Providers

Experience Certificate:The copy of Experience certificate issued by the competent authority duly signed authority not less than Executive Engineer/Divisional Engineer/Sr. Manager.Bidder should have experience in relevant field [Earth work cable laying(Power/telephone/OF) OR water/gas pipe laying] at least one work of 75% value(Rs 740111/-) of estimated cost during the last 3 years. The work executed must be done for Central Govt/State Govt/PSU of Centre or State OR any private telecom company.

Financial Turnover:Copy of Last three income tax return certificate certified by CA indicating no dues pending towards IT.Turnover for past three years should not be less than Rs 2960445/-

Certified Copies:Tenderer shall enclose the following testimonials duly attested (a) PAN Card (b) VAT and Service Tax registration certificate (c) EPF, ESIC and LabourLicence Registration certificate

Details of WORK and EMD: NIT for Optical fiber cable route maintenance and cable reinstatement work in WTR Prabhadevi,Mumbai OFC Division (sections:- Dahisar-Talasari, Vasai-Virar, Palghar-Tarapur, Tarapur-Dahanu, Fountain-Dahisar, Dahanu-Charoti and Tarapur-Manor) Section

No. Locations Approx

Length for

excavation

(Kms)

Depth in Cm

Approx Faults and Shut

downs per year

Est. total cost Rs.

EMD Rs. Time Limit

Performance

Security Rs.

SDE OFC RT

PDI- I, SDE OFC RT

PDI- II

Jurisdiction of DE OFC Route WTR Prabhadevi,Mumbai.

2000 Mtrs. 165

150 faults & 150 shut

downs

986815/- 19736/- 30 Weeks 98682/-

The total estimated cost includes, trenching, cost of providing cement concrete, cost of materials (RCC pipes, Weld

Mesh, RCC Route Indicators, RCC Splice Chambers) as indicated in section XIII.10, laying of RCC/GI/DWC pipes, Cable blowing/cable pulling,putting necessary cable joints,Fixing of Joint Chamber, Indicator, transportation of excess material and providing services for maintenance work like attending faults /patrolling/ providing for indoor semiskilled works like wiring etc. Normally RCC pipes, Weld Mesh, RCC Route Indicators and RCC splice chambers will be provided by BSNL; however, Contractor will have to provide these materials in case BSNL does not provide them and BSNL orders contractor to supply these materials. Rate should be quoted only on percentage basis on standard scheduled rates.

TENDERER SHOULD SUBMIT TWO SEPARATE COVERS FOR EACH WORK. Bid Security (Earnest Money Deposit) must be in the form of Demand Draft/Fixed Deposit from any nationalized /

scheduled Bank in favour of BSNL IFA WTR, Mumbai payable at Mumbai. Bid Security should be placed inside



envelope -I. Bid Security must be separate for each tender. The DD/FD should be valid for at least 90 days from the date of Financial bid opening of NIT.

Tenderers are instructed to examine worksite themselves at their own cost and quote accordingly. Tenderer may deposit the tender form in the tender box kept at O/o Divisional Engineer Telecom, OFC Maintenance,

WTR, Mumbai. Wherever necessary, obtaining permission for trenching and pipe laying work etc. from Forest Department /

NHAI/Railway crossing/PWD/Municipality/Local bodies or any other such entity, will be the responsibility of the successful contractor. Any charges towards permission such as reinstatement charges etc., if required to be deposited to the concerned authority shall be borne by BSNL against receipt of necessary/required demand notes from the authority. In this regard, the bidder has to follow the instructions given in variousclauses of tender document. This contract is subject to jurisdiction of Hon’ble High Court at Mumbai only.

The request for issue of tender forms by post will not be considered but tender shall be accepted by post. This office will not be responsible for delay, loss or non-receipt of documents sent by post or by any other agencies. The DGMM,Mumbai reserves the right to reject any application to issue the blank tender form or to reject any or all tenders without assigning any reason whatsoever and he is not bound to accept the lowest tender. If any Government Holiday happens to be on the date of opening of tender, the same will be opened on next working day at the same time without further notice and if the holiday happens to be before date of tender opening, the tender will be issued on last day of working before the date of tender opening. However, the tender can be down loaded from WTR website until last day before the date of tender opening. Sd/- DIVISIONAL ENGINEERTELECOM, OFC Route, WTR Mumbai Copy to : 1. The Chief General Manager , BSNL WTR Circle Mumbai

2. The Sr.GM Mtce, BSNL WTR Mumbai.

3. The DGMM WTR, BSNL, Mumbai/Pune/Nagpur/Thane

4. The Accounts OfficerO/o DGMM, BSNL,WTR Mumbai

5. The DE (OFC), BSNL WTR– FTNII/PDI/Kalyan

6. The Vigillance officer O/o CGMM Mumbai

7. Tender Copy.

8. Notice Board.



TABLE OF CONTENTS

Serial SECTION Content Page 1 I Notice Inviting Tender 1

2 II Bid Form 18 3 III Bidder’s Profile and certificate of near

relatives 19

4 IV Instruction to Bidders 23 5

V General (Commercial) Conditions of the Contract 36-58

6 VI Special Conditions of Contract 59-63 7 VII Scope of work and Jurisdiction of Contract 69

8 VIII

Performa for Agreement Form and Performance security bank guarantee. 64

9 IX Letter of Authorization for attending Bid Opening 66

10 X

List of documents to be Submitted along with Bid 67

11 XI Rates of empty cable drums. 68 12 XII Bid documents Financial Bid () 8 13 XIII Financial Bid 9-10 14 XIV Schedule of Rates 13



BHARAT SANCHAR NIGAM LIMITED

(A Govt. of India Enterprise)

TECHNICAL BID

TENDER DOCUMENT

FOR

NIT for Optical fiber cable route maintenance and cable reinstatement work in WTR Prabhadevi,Mumbai OFC Division (sections:- Dahisar-Talasari, Vasai-Virar, Palghar-Tarapur, Tarapur-Dahanu, Fountain-Dahisar, Dahanu-Charoti and Tarapur-Manor) _______________________________________________________________

No. NIT-01/ DE/OFC/PDI/BSNL/Cable/2015-16 Dated at Mumbai the 10.06.2015

Office of the Divisional Engineer ,OFC Route WTR BSNL,Prabhadevi, Telecom Bldg,8th floor,MTNL marg,Prabhadevi,Mumbai- 28

Office Phone No. 022/24370088.



LIST OF THE DOCUMENTS TO BE SUBMITTED ALONG WITH QUALIFYING BID

The tendered will have to summit the following documents/deposits with the Technical Bid. Any bid not accompanying the below mentioned documents/deposits will be liable to be rejected ;

Sl. No.

Particulars If submitted

please ( X) mark

1 Bid Security (EMD) in accordance with the Bid document. 2 Bid document(s), in original, duly filled in and signed by Bidder or his

authorized representative along with seal on each page. All corrections and overwriting must be initialed with date by the Bidder or his authorized representative.

3 The copy of Exprience certificate issued by the competent authority duly attested by a gazette officer.

4 Latest three income tax clearance certificate issued by CA. 5 The Authenticated copy of partnership deed in cases of partnership

firm as the case may be.

6 Tender cost(if downloaded from Internet) 7 Bid Form, duly filled in, as per section II. 8 Bidder's profile duly filled in, as per section III of the Bid document. 9 Original "Power of Attorney" In case person other than the Bidder

has signed the Bid documents.

10 List of qualified experienced personnel, who are working for the Bidder, who will be deployed for the work.

11 The copy of EPF, ESIC, LabourRegistrationcertificate issued by competent authority duly attested by a gazetted officer.

Attested copies of all required documents as per NIT/Sec XII should be submitted alongwith Qualifying Bid.



Office of the Divisional Engineer ,OFC Route WTR BSNL,Prabhadevi, Telecom Bldg,8th floor,MTNL marg,Prabhadevi,Mumbai- 28

Office Phone No. 022/24370088.

INSTRUCTION TO TENDERER Wherever necessary, obtaining permission for Trenching and Pipe Laying work etc. from the NHAI/PWD/Local bodies shall be the responsibility of the successful Contractor. However, during this process if any compensation such as reinstatement charges is required to be deposited to the concerned authorities, the BSNL will make the payment after getting the relevant documents/letters form the authorities.



SECTION XII

Bid Document

FINANCIAL BID (A) and (B)

FOR

Optical Fiber Cable construction works NIT for Optical fiber cable route maintenance and cable reinstatement work in WTR Prabhadevi,Mumbai OFC Division (sections:- Dahisar-Talasari, Vasai-Virar, Palghar-Tarapur, Tarapur-Dahanu, Fountain-Dahisar, Dahanu-Charoti and Tarapur-Manor)

No. NIT-01/ DE/OFC/PDI/BSNL/Cable/2015-16 Date at Mumbai the 10.06.2015

Office of the Divisional Engineer ,OFC Route WTR BSNL,Prabhadevi,

Telecom Bldg,8th floor,MTNL marg,Prabhadevi,Mumbai- 28 Office Phone No. 022/24370088.



COVER II SECTION XIII FINANCIAL BID (A) No. NIT-01/ DE/OFC/PDI/BSNL/Cable/2015-16 Dated at Mumbai the 10.06.2015 NIT for Optical fiber cable route maintenance and cable reinstatement work in WTR Prabhadevi,Mumbai OFC Division (sections:- Dahisar-Talasari, Vasai-Virar, Palghar-Tarapur, Tarapur-Dahanu, Fountain-Dahisar, Dahanu-Charoti and Tarapur-Manor)

Rate should be quoted on percentage basis on Schedule of Rates enclosed in Section XIV

In figures : ________________________ % In words : _____________________________________________________ percent OR In figures : ________________________ % In words : _____________________________________________________ percent OR In figures : ________________________ % In words : _____________________________________________________ percent Strike out other two which are not applicable. Please Note:1.Payment will be made on actual quantity of work done as per the site condition. 2. Rates are inclusive of all taxes and duties excluding Service Tax Date: Signature of Bidder---------------------- Name of Bidder--------------------------

ABOVE

AT PAR

BELOW



COVER II SECTION XIII FINANCIAL BID (B)Details of Works to be undertaken by contractor NIT for Optical fiber cable route maintenance and cable reinstatement work in WTR Prabhadevi,Mumbai OFC Division (sections:- Dahisar-Talasari, Vasai-Virar, Palghar-Tarapur, Tarapur-Dahanu, Fountain-Dahisar, Dahanu-Charoti and Tarapur-Manor) #SR indicates item number from schedule of rates Serial. No.

Particulars Length (Meters)

Estimated Rate (Rs.)

Total cost (Rs.)

1 .

A) Trenching: excavating trenches up to a depth of 165 cms. and back filling the excavated trenches after PLB laying i) #SR1.0 1(a) (non rocky soil includes soft soil/hard soil/murrum )

1800 129.61 233298.00

ii) #SR1.0 1(b) ( rocky soft which can be excavated by splitting with crow bars and does not requires blasting,wedging etc.

200 209.37 41874.00

2 B) Surface Protection wherever necessary (Supply of GI pipe) & other allied PCC works (size 50mm dia Medium class GI pipe) C) PCC 1:2:4 Protection wherever necessary (will be decided by the competent authority) & other allied works (size: 25cm x 25cm x 1Mtr) # SR 2.5

200

334.8

66960.00

4 D) Other associate works : Sl.

No. Item Qty. Rate

Rs. Amount Rs.

342132.00

(i) RCC pipe laying in Mtr. #SR 2.4

18.51

(ii) GI pipe laying in Mtr. #SR 2.2

50M 11.27 564.00

(iii) GI pipe laying Cul/Bridge in Mtr. #SR 2.3

16.02

(iv) Boring in Mtr. #SR 2.1

525

(v) PLB pipe laying in Mtr. #SR 2.0

5000M 3.54 17700.00

(vi) Cable + Rope pulling #SR 3.0

16000M

6.00 96000.00

(vii)

Cable Blowing



(viii)

Documentation #SR 6.0

2000.0

(ix) DWC Pipe laying in Mtr. #SR 8

5.90

(x) DWC Pipe laying with Coupler in Cul. & Bridges #SR 9.0

11.80

(xi) Any other work

Construction of bricks Splice Chamber and filling with sand #SR 4.0

10 3015 30150.00

Route Indicator fixing #SR 5.0

100 164.27

16427.00

Materials 0 a) 150mm Full Round RCC Pipe ISI Mark (NP-2 Class) 2 Mtrs. length ISI 458-2003 (Revised upto date #SR 10.1

0 195 0

b) 100mm Full Round RCC Pipe ISI Mark (NP-2 Class) 2 Mtrs. length ISI 458-2003 (Revised upto date) #SR 10.0

0 135.00

0

c) Route / Joint Indicator #SR 10.10

100 350.00

35000

d) Splice Chamber #SR 10.4

3000.00

SUB TOTAL 195841.00

Item Quantity Rate per Total cost



6 Making Earth pit for cable faults: Digging up to 1M x 1M x 2M (LxWxD) or till cable is open, two or three earth pits at one location anywhere in Kalyan SSA,Mumbai and Thane District as requisioned by JTO/SDE/DE Route, clearing the of loose sand/water, identifying and pulling cable, assisting in laying cable either UG or OH cable and refilling these pit with loose soil, gravel and making good the same. # SR 12.1

1260 Cu M

Rs

266.61

Per Cu.M

335929.00

7. Provision of services for OFC indoor semi skilled works like wiring ,panel cleaning, System mtce etc. # SR 10.12

30 411.31

Per day 12339.00

8. Provision of petrolling/guarding # SR 10.6 180 392.08 Per day 70574.00 Transportation of material from designated

point “A” to site: Transportation including loading and unloading of material # SR 13.1 by LCV like TATA 407/Tempo Traveler or other vehicle in similar category

2000 Km Rs15 Per Km 30000.00

GRAND TOTAL 986815.00

+ Service Tax extra as applicable.



SECTION XIV

STANDARD SCHEDULE OF RATES

Sr. No.

Item code

Description of item Scheduled Rate (in Rs.)

Unit

1.0 OFCT 1(a)

Non Rocky- This will include all types of soils-soft/hard soil/murrum i.e. any strata, such as sand, gravel, loam. Clay, mud, black cotton murrum, shingle, river or nallah bed boulders, soiling of roads, paths etc, and hard core, macadam surface of any description (water bound, grouted tarmac etc.), lime concrete, mud concrete and their mixtures for excavation of which needs application of picks, showels, sacrifices, ripper and other manual digging implements.

129.61 Per meter

1(b) Rocky Soft : Generally any rock which can be excavated by splitting with crow bars or picks and does not require blasting, wedging or similar means for excavation such as lime stone, hard late rite, hard conglomerate. The un-reinforced cement concrete roads as well as other type of roads (except TCC) are also included under this category.

209.37 Per meter

1(c) Rocky Hard : Generally any rock or boulder for the excavation of Which blasting is required such as quartzite, granite, basalt, reinforced cement concrete ( reinforcement to be cut through but not separated from concrete ) and the like. However, for Hard Rock excavator is required and hence committee feels the rates using excavator is more suitable. The committee recommends Rs. 511.00 per meter.

511.00

Per meter

2.0 2HDPE Laying of HDPE pipes/PLB Coils, coupled with HDPE socket and drawing 6 mm PP rope. (The BSNL will supply HDPE Pipes in sizes of 5 meters or PLB pipe coils, HDPE Sockets, PP rope, End caps.)

3.54/- Per meter

2.1 2GIHB Road/Rail crossing through horizontal boring method and inserting 65/40 dia G.I. Pipes and pushing HDPE pipes/PLB coils inside and drawing 6 mm PP rope. (The BSNL will supply G.I. Pipes in length of approx. 6m, HDPE pipes/PLB coils and PP Rope.)

525/-

Per meter

2.2 2GIPT Laying and fixing of 65 mm/40mm G.I. Pipes in trenches with HDPE Pipe/Coils inside and drawing PP rope. (The BSNL will supply GI Pipes in lengths of approx.6m HDPE pipes/PLB coils and PP Rope.)

11.27/-

Per meter

2.3 2GIBC Laying & fixing of 65mm/40mm GI Pipes/G.I. troughs on bridges and Culverts with HDPE pipes/PLB coils inside and drawing PP rope. (The BSNL will supply GI Pipes in lengths of approx.6m HDPE pipes/PLB coils and PP Rope.)

16.02/-

Per meter

2.4 2RCCT Laying, fixing and sealing full round RCC Pipes in trenches with HDPE pipes/PLB coils inside and drawing PP rope. (The BSNL will supply full round RCC Pipes in lengths of 2 M with collars, HDPE PIPE/Coil, PP Ropes, Materials required for sealing the couplings of RCC Pipes will be arranged by the contractor.)

18.51/-

Per meter

2.5 2PCCT Providing RCC Protection at Site to HDPE OR G.I. Pipes reinforced by Weld Mesh & Drawing of P.P. Rope. RCC 1:2:4 at site, as per specification given in tender document. Remarks: - As per Delhi schedule rate(CPWD) 2014 Sub head :5.1.3 rate per cubic meter is Rs 5466.3/-

334.8

Per running meter with dimension of 1m x 0.25 x0.25m(including pipe)

2.6 2RMRW Providing retaining wall at required places as per specification 1750.00

Per Cu.m.

3.0 3OFCP Opening of duct Manholes, replacing 6mm PP Rope, Pulling of O.F. Cable, Sealing of HDPE Pipes by Rubber Bushes in Manholes, providing HDPE/RCC Split Pipes in

Per meter (Based on



Sr. No.

Item code


Unit

manholes/Back filing of Manholes Rs. 4/- and Rs. 2/- for putting rope in PLB pipes. 6.00 Market Rate)

4.0 4JCBR Digging of pit (1m x 1.2m (width) x 1.65m (depth)) for jointing chamber, construction of brick Chamber (1M Lx 1M width x 60cm depth), and filling of brick chamber with clean sand, supply and placing of Pre-cast RCC Slabs on brick chamber, and back filling of jointing pit. (The contractor shall arrange all materials required for the work.)

3015.00

Per jointing chamber

4.1 4JCPC Digging of pit (1m x 1.2m (width) x 1.65m (depth)) for jointing chamber, Fixing of Pre-cast RCC chamber (1M Lx 1M width x 60cm depth), filling of RCC chamber with clean sand, placing of pre-caste RCC slabs on RCC joint chamber, and backfilling of jointing pit. (The BSNL will supply Pre-cast RCC Chamber with cover.)

1013.00

Per jointing chamber

5.0 5ORJF Digging of pit 1 meter towards jungle side on each manhole/joint chamber for fixing of route/joint indicator, fixing of routes/joint indicator. Painting and sign writing of route/joint indicators. (The BSNL will supply route/joint indicators only. The contractor shall arrange all other materials required for the work.)

164.27

Per Indicator

6.0 6DOCT Documentation (6 copies of documents for each route/section = one set) 2000.00 Per set

7.0 7GIPT I Laying and fixing of 100 mm GI pipes in trenches with HDPE pipe/PLB coils inside and drawing PP rope 16.27 /- Per meter

7.1 7GIPT II Laying and fixing of 150 mm GI pipes in trenches with HDPE pipe/PLB coils inside and drawing PP rope 20.93 /- Per meter

7.2 7GIBC I Laying and fixing of 100 mm GI pipes/GI troughs on bridges and culverts with HDPE pipe/PLB coils inside and drawing PP rope 28.12/- Per meter

7.3 7GIBC II Laying and fixing of 150 mm GI pipes/GI troughs on bridges and culverts with HDPE pipe/PLB coils inside and drawing PP rope 37.43/- Per meter

8.0 8DWCT Laying of full round DWC pipes of 63/51 mm dia in trenches for extra protection with HDPE pipes PLB/ HDPE/Coils already laid 5.90/- Per

Meter

8.1 8DWCT I Laying of full round DWC pipes of 120/103 mm dia in trenches for extra protection for HDPE pipes PLB/ HDPE/Coils already laid 8.85/- Per Meter

8.2 8DWCT II Laying of full round DWC pipes of 160/135 mm dia in trenches for extra protection for HDPE pipes PLB/ HDPE/Coils already laid 11.80/- Per Meter

8.3 8DWCT III Laying of full round DWC pipes of 200/170 mm dia in trenches for extra protection for HDPE pipes PLB/ HDPE/Coils already laid 13.28/- Per Meter

9.0 9DWCT Laying of full round DWC pipes of 63/51 mm dia on Bridges and Culverts for extra protection for extra protection for HDPE pipes PLB/ HDPE/Coils; including fixing charges.

11.80/- Per Meter

9.1 9DWCT I Laying of full round DWC pipes of 120/103 mm dia on Bridges and Culverts for extra protection for HDPE pipes PLB/ HDPE/Coils, including fixing charges.

17.70/- Per Meter

9.2 9DWCT II Laying of full round DWC pipes of 160/135 mm dia on Bridges and Culverts for extra protection for HDPE pipes PLB/ HDPE/Coils, including fixing charges.

22.00/- Per Meter

9.3 9DWCT III Laying of full round DWC pipes of 200/170 mm dia on Bridges and Culverts for extra protection for HDPE pipes PLB/ HDPE/Coils, including fixing charges.

25.08/- Per Meter

10.0 10RCCTI 100mm Full round RCC pipe ISI marked (NP-2 class) 2 M. length ISI 458-2003 (revised up to date)

135/- Per meter

10.1 10RCCTII 150mm full round RCC pipe ISI marked (NP-2 class) 2 M. length ISI 458-2003 (revised up to date)

195/- Per meter



Sr. No.

Item code


Unit

10.2 10WMT M.S. Weld Mesh of the size 50 mm X 100mm, 12 SWG; width 120 cm in roll of 50 mtrs each

63.00/-

Per Kg.

10.3 10GIP1 Supply of GI pipes 50mm B class 275 Per metre

10.4 10GIP2 Supply of GI pipes 65mm B class 365 Per metre

10.5 10CSAN Supply of coarse sand 600 Per cubic metre

10.6 10PAT Provision of patrolling/ guarding 392.08 Per day

10.7 10VEH Provision of vehicle as per details in scope of work 18 Per km

10.8 10RCCH Supply of RCC half round pipe, 100mm dia, 120.00 Per meter

10.9 10RCCC Supply of RCC Collar of appropriate dia for RCC pipe. 40.00 Per piece

10.10 10RIT Route Indicator/ Joint Indicator 350.00 Per Unit

10.11 10SCT Splice Chamber 3000.00 Per Unit

10.12 10SSL Provision of services for OFC indoor semi skilled works like Wiring, panel cleaning, system mtce etc 411.31 Per day

11.1 EP50 Erecting Poles at every 50 meters (The BSNL will supply Poles) Taking pits every 50 meters of size 0.6X 0.6 X 1.0M (depth) After taking pits as mentioned above pole has to be inserted vertically and filled gravel, soil etc to be filled, so that the pit is covered fully. Before erecting pole, the pole on the top should be rigidly fixed with 1ft.full round PLB pipe to the pole.

327.45/-

Per 1 pole erecting

11.2 PCOP Pulling cable on Poles: Cable has to be laid on the top of the pole horizontal to the ground with less than 30 cm sagging between 2 in between poles by way of tying the cable protruding from the PLB pipe securely to the pole on both the side by nylon rope, with care to not to bend the cable. At both ends the cable should be taken down along the pole through PLB pipe and in to the jointing chamber.

3.00/-

Per meter

12.1 JWCF Taking Earth pit for cable faults:Digging up to 1M x 1M x 2M or till the cable is uncovered (LxWxD) size at one location anywhere as requisioned by JTO/SDE/DE Route, clearing the of loose sand/water, identifying and pulling cable, assisting in laying cable either UG or OH cable and refilling these pit with loose soil, gravel and making good the same.(As the depth of the trench may vary, cost per cubic meter is calculated.)

266.61

Per cubic meter

13.1 TRAM Transportation of material from designated point “A” to site: Transportation including loading and unloading of material by LCV like TATA 407/Tempo Traveller Or other vehicle in similar category. As per market rates

15.00/-

Per Km

14.1 OFCD

Cost of recovery of empty OF cable drum. 200.00/- Each drum

15.1 OFCR Recoveries of all size old Optical Fibre Cable from Overhead/PLB pipe.

2.00/- Per meter



Note : The Scheduled Rates by the BSNLappiles for this tender only although revised at a later date during currency of the tender.

Tender Document No. ................................................

Issued on....................................................

Work specification and schedule

Following are issued as guideline but are not exhaustive instructions



A.Making trenching work;

Trenching: excavating up to a depth of 165 cms. and back filling the excavated trenches after PLB laying, pulling of cable, making joint pits, ercting joint indicator,making joint chember etc for reinstatement of overhead cable.

B.Taking Earth pit for cable faults: Digging up to 1M x 1M x 2M (LxWxD) or till cable is open, two or three earth pits at one location anywhere in Kalyan SSA,Mumbai,Palghar and Thane District as requisioned by JTO/SDE/DE Route, clearing the of loose sand/water, identifying and pulling cable, assisting in laying cable either UG or OH cable and refilling these pit with loose soil, gravel and making good the same.

C.Taking pits where there is losses in cable or partially break cable Pits to be taken where existing joints are available which has to be made through and if necessary more pits if cable is unable to be pulled due to reasons like PLB/HDPE pipe damaged etc. a.Pit of size 1M X 1M X 1.5M (or till the depth of joint) b.Making thru the cable thru PLB pipe. c. Concreting 1mtr length for securing PLB pipe and cable. d. Refilling these pits with loose soil, gravel and making good the same. D. Routine OFC Maintenance work: Under OFC Link cut condition the following activities shall have to be taken up by the contractor for the restoration of OFC cut fault which will be informed either to contractor or superintendent telephonically by Engineer-in-charge (SDE/JTO)On receipt of information of faults the contractor or superintendent shall immediately arrange the required machine/manpower with proper equipments for localization and excavation of faults within an hour. Also contractor should provide man power for petrolling and guarding the OF cable as and when required.

E. Provision of semiskilled workers : The contractor has to provide semiskilled worker for works like wiring, assisting mtce team in day to day job including any job like battery, P/P, system installation etc.The concerned DE will issue the work order giving a minimum of 1 day notice accordingly and the contractor has to provide the semi skilled worker. F.In case of ongoing work by department like NHAI, Municipal corporations, Nagar palikas, Railways, Urban Development Authorities etc or as part of pre monsoon preparation, BSNL may require some preventive maintenance work like shifting of OFC cable/joints to prevent probable damage to OFC cable and interruption of traffic. The contractor shall arrange sufficient manpower/machine and logistics to complete the work as per directives of site engineer and payment will be given to contractor as per SOR G.Transporatation of Materials: BSNL will supply material for this work like cables, pipes, RI, SJCetc.The materials will have to be transported from designated point “A” to site where work is carried out. Designated point “A” will be indicated by Engineer-in-charge. Vehicle such as TATA 407/Tempo Traveller or any other vehicle in similar category shall be arranged by contractor.BSNL will try to give full load of material as far as possible.Contracor will have to arrange for loading of material at “A” and unloading it at site.Payment in KMS will be paid from “A” to site.In case any material is also loaded/unloaded in between these two points, additional KMS will be paid.

SECTION II



BID FORM

NIT No.:……………………………………………………………. Date of NIT: ………………………… Tender No. (As per NIT) ____________ Section No. (As per NIT)________________________________ Section Name (As per NIT):______________________________ To The DET OFC Route WTR BSNLMumbai. __________________________________ 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 Optical Fiber Cable Construction Work 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 to these Bid. We undertake, if our Bid is accepted, we will execute the work in accordance with specifications, time limits and terms and conditions stipulated in Bid document. If our Bid is accepted, we shall submit the securities as per the conditions mentioned in the contract. We agree to abide by this Bid for a period of 240 days from the date fixed for Bid opening (Qualifying Bid) and it shall remain binding upon us and may be accepted at any time before the expiry of that period. Until a formal Agreement is prepared and executed, this Bid together with your written acceptance thereof in your notification of award shall constitute a binding contract between us. Bid submitted by us is properly sealed and prepared so as to prevent any subsequent alteration and replacement.

Dated this ................ day of.............. (The Year)

Signature of Authorized Signatory…………..................………

Name of authorized signatory…………………….……………………….

In capacity of …………….................................………….

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

Witness…………….. Address…………….. Signature…………….

SECTION III



A. BIDDER’S PROFILE General:

1. Name of the Bidder/ firm ……………………………………………. 2. Name of the person submitting the Bid whose photograph is affixed

Shri/Smt. ……………………………………………………………..

(Bid shall be signed by the bidder or a person or persons duly "'authorized to bind the bidder to the contract. The letter of authorization shall be indicated by written power-of-attorney accompanying the bid. Tenderer will submit the attested copy of the PAN card / Election Commission I-Card / Passport of the proprietor or the authorized signatory in case of proprietor/ partner/ director is not signing the tender document. The tender is liable to be rejected if the signature and photograph do not match with the photograph affixed and the signature made in the tender documents. In case PAN card is not attached, copy of Income Tax Return should be submitted. Photograph and Signature of the authorized signatory should be duly attested by the proprietor or the partner/ Director.)

3. Address of the firm ..........................................................................................

..........................................................................................

.......................................................................................... …………………………………………………………..

4. Tel no. with STD code (O)…...........……… (Fax)……….......………. (R)……............…… 5. Registration & incorporation particulars of the firm:

i) Proprietorship ii) Partnership iii) Private Limited iv) Public Limited

(Please attach attested copies of documents of registration/ incorporation of your firm with the competent authority as required by business law)

6. Name of Proprietor/Partners/Directors……………………………………………………… ………………………………………………………… ………………………………………………………… …………………………………………………………

7. Tenderer’s experience certificate details (if any) S Name of the department/ Name & Designation of Telephone number of Amount in Rs. as

Passport size photograph of the Bidder/authorizedSignatory holding power of Attorney



No company, which has issued certificate

certificate issuing authority certificate issuing authority

per certificate

Total:

(An attested copy of the Experience Certificate may please be enclosed)

8 Bidder’s bank, its address and his current account number ............……………………………… ……………………………………… ............................................................

9 Permanent Income Tax member, Income Tax circle .………...................………………… (Please attach a copy of last income tax return) ……………………………………… (Please give details in Sl. No. 10 to 12, if applicable) 10 Service Tax registration no. ……………………………………………………………………………

11 EPF, ESICandLabourRegistration No……………………………………………………

12 VAT/ TIN Registration No…………………………………………………………………………….



13. Details of Technical and supervisory Staff:

I/We hereby declare that the information furnished above is true and correct.

Place:

Date:

Signature of Bidder/Authorized signatory........................................................

Name of the Bidder...........................................................................................

Seal of the Bidder

Note:-All information should be filled by the contractor

B. CERTIFICATE REGARDING NEAR RELATIVES



(See Section IV clause A.1.u)

“I …………………………………………………….. S/o…………………….… …….……....................................... resident of ………………………… hereby certify that none of my near relative(s) and none of near relative(s) of proprietor/ partner(s)/ director(s) of company is/ are employed in BSNL unit as defined in the tender document at clause A.1.u of section IV. In case at any stage, it is found that the information given by me is false/ incorrect, BSNL shall have the absolute right to take any action as deemed fit/without any prior intimation to me”.

SIGNATURE OF BIDDER: _____________________

NAME OF BIDDER: __________________________

CERTIFICATE

(FOR DOWNLOADING OF TENDER DOCUMENT FROM WEB SITE) “I……………………………………….(authorized signatory) hereby declare that the tender document submitted has been downloaded from the website” http://www.wtr.bsnl.co.in/tender.htm and no addition / deletion / correction has been made inthe proformadownloaded.If any text of this NIT, is found out by BSNL, to be deliberately inserted/corrected/deleted,BSNL reserves full right to cancel my tender and impose penalty such as forefeiture of SD/EMD/Additional Penallty. I also declare that I have enclosed a DD forRs……………………………….towards the cost of tender document along with theEMD. Place:…………………………… Signature of tenderer/AuthorizedSignatory………………………. Date : ………………………….. Name of the Tenderer…………………………………………………

Seal of the Tenderer

DECLARATION (FOR EPF, ESIC&Misc provisions Act 1952)

I --------------------------------------------(name of the contractor/agency) herebydeclare compliance towards conditions of the EPF and Misc provisions Act 1952 andauthorize BSNL to recover any payment that arises due to failure to comply with anyof the Labour legislations and statutory conditions viz., Labor, EPF,ESIC etc., or anyother acts dealing with the same and all other acts mentioned in the tender document. Place:…………… …………. Signature of tenderer/Authorized Signatory………………………. Date: ………………………….. Name of the Tenderer…………………………………………………

Seal of the Tenderer



Section IV

Instructions to Bidders

A. INTRODUCTION: 1. DEFINITIONS

a.Bharat Sanchar Nigam Limited: The Bharat Sanchar Nigam Limited means the Bharat Sanchar Nigam Limited and its Board of Directors.

b. BSNL: The BSNL means the Bharat Sanchar Nigam Limited under the Ministry of Communications and Information Technology, which invites the Bids on behalf of the Bharat Sanchar Nigam Limited. All references of:

BSNL Chief General Manager Maintenance General Manager Maintenance Deputy General Manager Maintenance Divisional Engineer Maintenance Sub Divisional Engineer Junior Telecom Officer Accounts officer Assistant Accounts Officer Junior Accounts Officer

Including other officers in the BSNL, whatever designations assigned to them from time to time, who may

be the In-charge of direction, supervision, testing, acceptance and maintenance including their successor(s) in the office appearing in various clauses shall be taken to mean the Bharat Sanchar Nigam Limited under the Ministry of Communications and Information Technology, Govt. of India.

c. The Dy. G.M. Maintenance means the Head of Maintenance Area and his successors. d. The jurisdiction of the Dy. G.M. Maintenance: The jurisdiction of the Dy. G.M. Maintenance means

geographical area under his control, wherever he/she is working. e. Representative of the DGM Maintenance: Representative of the DGM Maintenance means Officer and

staff for the time being in the DGM MaintenanceArea deputed by the DGM Maintenancefor inspecting or supervising the work or testing etc.

f. Engineer – in – charge: The Engineer – In – charge means the Engineering Officernominated by the BSNL

to supervise the work, under the contract, (Divisional Engineer Level Officer). g. Site Engineer: Site Engineer shall mean an SDE or JTO of the BSNL who may be placed by the DGM

Maintenanceas in- charge of the work at site at any particular period.

i. Contract: The term contract means, the documents forming the Bid and acceptance thereof and the formal

agreement executed between the competent authority for and on behalf of the Bharat Sanchar Nigam Limited and the contractor, together with the document referred to therein including these conditions, the specifications, designs, drawings and instructions issued from time to time, by the engineer-In-charge and all these documents taken together shall be deemed to form on contract and shall be complementary to one another. In the contract, the following expressions shall, unless the context otherwise requires, have the meanings, hereby respectively assigned to them. The expression works or work shall unless there be



something either in the subject or context repugnant to such construction, be construed and taken to mean the works by or by virtue of the contract contracted to be executed whether temporary of permanent, and whether original, altered, substituted or additional.

j. Contractor: The contractor shall mean the individual, firm or company, whether incorporated or not,

undertaking the works and shall include the legal personal representative of such individual or the persons composing such firm or company, or the successors of such firm or company and the permitted assignees of such individual, firm or company.

k. Work: The expression “works” shall unless there be something either in the subject or context repugnant to

such construction, be construct and taken to mean the works by or by virtue of the contract contracted to be executed whether temporary or permanent and whether original altered, substituted or additional.

l. Schedule(s): Schedule(s) referred to in these conditions shall mean the relevant schedule(s) or the standard

schedule of rates mentioned in the document. m. Site: The site shall mean the land/or other places on, into or through which work is to be executed under the

contract or any adjacent land, path or street through which, the work is to be executed under the contract or any adjacent land, Path or street which may be allotted or used for the purpose of carrying out the contract.

n. Normal time or stipulated time:Normal time or stipulated time means time specified in the work order to

complete the work. o. Extension of Time: extension of Time means the time granted by the BSNL to complete the work beyond

the normal time or stipulated time. p. Date of Commencement of Work: Date of Commencement of work mean’s the date of actual

commencement of work or 15th day from the date of issue of work order, whichever is earlier. q. Due date of completion: Due date of completion shall be the date by which the work shall be completed in

all respect at site including clearance of site. r. Duration of completion of work: The duration of completion of work or completion time shall be time

specified in the work order plus extension of time granted, if any. s. Excepted risk: Excepted risk are risks due to war (whether declared or not), invasion, act of foreign

enemies, hostilities, civil war, rebellion, revolution, insurrection, military or usurped power, any acts of BSNL damages from aircraft, other causes over which, the contractor has no control and the same having been accepted as such, by the Accepting Authority or causes solely due to use or occupation by the BSNL of the part of the work, in respect of which a certificate of completion has been issued.

t. Near Relative: -

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. The detailed guidelines in this regard are given in the following paragraphs: -

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

(a) Members of a Hindu Undivided family, (b) They are husband and wife, (c) The one is related to the other in the manner as father, mother, son (s) & son’s wife (daughter-

in-law), Daughter(s), & daughter’s husband (son-in-law), brother(s) & brother’s wife, sister(s) & sister’s husband (brother-in-law).

ii) As per Government of India’s CCS Conduct rule 4, no Government servant shall in the discharge of

his official duties deal with any matter or sanction any contract to any company or for any other



person if any member of his family is employed in that company or firm or under that person or if he or any member of his family is interested in such matter or contract in any other manner and the Govt. Servant shall refer every such matter or contract to his official superior. This clause is applicable to all BSNL employees and in view of this as soon as any BSNL employee becomes aware of the above aspect, he must intimate this to the prescribed authority. For non-executive employees this authority is SSA Head / Circle Head / Chief Engineer / Chief Arch. / Corporate office under whom he is posted. For executive employees (at present some of them are called as Gazetted officers) the prescribed authority for this purpose is Circle Head / Chief Engineer / Chief Archt. / Corporate office under whom he is posted.

iii) (a) The Company or firm or any other person is not permitted to tender for works in BSNL Unit

in which his near relative(s) is (are) posted. The unit is defined as SSA/Circle/Chief Engineer/Chief Archt. / Corporate Office for non executive employees and all SSA in a circle including circle office/Chief Eng. /Chief Archt /Corporate office for executive employees (including those called as Gazetted officers at present. The tenderer should give a certificate that none of his/ her such near relative is working in the units as defined above where he is going to apply for tender/ work. Any breach of these conditions by the company or firm or any other person, the tender/work will be cancelled and earnest money/security deposit will be forfeited at any stage whenever it is so noticed. The department 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.

(b) The format of the certificate to be given is “I

……………………..S/o……………….…….......………………………..resident of …………………………………… hereby certify that none of my near relative(s) and none of near relative(s) of proprietor/ partner(s)/ director(s) of company is/ are employed in BSNL unit as defined in the tender document at clause A.1.u of section IV. In case at any stage, it is found that the information given by me is false/ incorrect, BSNL shall have the absolute right to take any action as deemed fit/without any prior intimation to me”.

v. “Extra work”as used herein means any work or compliance with any requirements, other than a change, which is

not. Expressly or impliedly contemplated by the contract documents, and which is necessary to be performed for the proper completion of the contracted work. For the purpose of clarification, it is declared that, any work or operation which shall be necessarily incidental to the proper performance of any item of work or part there of shall be deemed to have been by implication provided for in the relevant item of work or part thereof and shall not constitute extra work.

2.1 ELIGIBILITY OF BIDDERS: - The invitation of bids is open to all contractors as per their “Eligibility Conditions

for contractors” mentioned in NIT of this Bid document. The Contractors/ Firms blacklisted (i.e. Debarred for taking works) by BSNL or other Government Agency for taking works in BSNL shall not be eligible for the duration of their blacklisting. If the bidder hides the fact of being blacklisted than it shall be considered as fraud to a Government Agency i.e. BSNL. If at later stage, it is found that the bidder has got contract hiding this fact than the award of contract shall be rescinded and the work shall be got done from other agency at the risk & cost of the bidder. The contractor shall not be eligible for any payments on account of this. If the work has not been started than the EMD shall be forfeited.

If at the later stage, it is found that any document submitted by bidder with the bid or agreement is fake or tempered then the award of contract shall be rescinded and the work shall be got done from other agency at the risk & cost of the bidder. The contractor shall not be eligible for any payments on account of this. If the work has not been started then the EMD shall be forfeited.

2.2 The Contractor must read carefully all the terms, conditions and specifications before filling up the Bid schedule and

his quotation. 'Clause' No. is indicated before each 'Title'. Tenderers are requested to get wellversed with the tender conditions/ guidelines written hereunder. Those tenderers whocannot read English may get it translated at their own risk, in a language known tothem and understand the conditions. Any clarification required can be had from theDivisional Engineer concerned, in whose division the tender is called, who is theauthorized representative of the



“BSNL”, or the Sub Divisional Engineers or any otherofficer/ official working with him, who may be authorized by him to supervise andoversee the work on his behalf. Time along with quality of work is the essence of this contract.

2.3 EXAMINATION OF WORKSITE BY BIDDER/CONTRACTOR:

2.3.1 The prospective tenderers are advised to make a detailed survey of the sections and location for which they are quoting their rates in this tender. The tender shall investigate fully all hazards and safeguards against them. The responsibility of getting way leave permission (Right of Way), from the highway and all concerned authorities, within one month of issue of Letter of Intent (LOI), rests with the contractor, for which no additional payment will be made. However, the restoration charges will be paid by BSNL to the road authorities, on submission of estimate, if it is at standard rates. Therate quoted shall include all those factors into consideration.

2.3.2 It is implied that the Bidder/Contractor has inspected the site and satisfied himself as to the natures, locations of general and local conditions particularly those bearing upon transportation, handling and storage of materials, including the surface strata, the soil, sub soil, the surrounding, the nature and magnitude of work and ascertained the availability of power, water, roads and accommodation and also obtained all necessary information directly or indirectly affecting the work such as legal stipulation, possible delays and hindrance or interferences in executing the work, uncertainties of weather, river, stages or similar physical conditions of the site, the confirmation and conditions of the ground, the character of equipment and facilities needed preliminary to and during the execution of the work and all other matter which can in any way affect the work or the cost there under this contract, before making the offer, so that the rates quoted take all factors into consideration. The specifications for the entire work are to be read together and not in isolation.

2.3.3 The Bidder cannot rely on his ignorance of matters such as defects in soil nor any implied warranty by

the employer viz. Divisional Engineer that the quantities, plans and specification stipulated in this Bid Document are accurate or that the work is feasible of performance in the manner set out in the invitation to Bid. Moreover, work or materials incidental to execute this contract are not 'Extras'.

2.3.4 The site data relating to type of soil in the section at various stretches as assessed by the BSNL is given in the

NIT. It must be noted that this is only a rough assessment by the BSNL and the BSNL does not link itself to its full correctness and neither the BSNL can be held accountable for any variation, if any, found actually. The contractors are required to make their own detailed assessment and should quote accordingly.

2.3.5 Any failure by the Contractor to do so shall not relieve him of responsibility for estimating properly the

difficulty or cost of completely satisfactorily performing the contracted work.

2.3.6 The BSNL assumes no responsibility whatever for any oral understandings or representations made by any of its officers or agents or servants prior to the execution of the contract and all previous negotiations and understandings are hereby cancelled.

2.3.7 Unexpected difficulty or expenses is, in general, no excuse for difficulty in performing the work.

THE BID DOCUMENTS 3. BID DOCUMENTS: 3.1. The construction work to be carried out, goods required, bidding procedures and contract terms are prescribed

in the Bid Documents. The Bid Documents include:

3.1.1. Qualifying Bid:

3.1.1.1 Notice Inviting Tender. 3.1.1.2 Bid Form.



3.1.1.3 Bidder’s Profile and certificate of near relatives 3.1.1.4 Instruction to Bidders. 3.1.1.5 General (Commercial) Conditions of the contract. 3.1.1.6 Special Conditions of Contract. 3.1.1.7 Scope of work and jurisdiction of the contract. 3.1.1.8 OF Cable Construction Specifications. 3.1.1.9 Performa for experience certificate andPerformance security bank guarantee (Sample). 3.1.1.10 Performa of Agreement 3.1.1.11 Letter of Authorization for Attending Bid Opening. 3.1.1.12 List of Documents to be submitted along with the Qualifying bid. 3.1.1.13 Rates of empty Cable Drums (If required).

3.1.2 Financial Bid

3.1.2.1 Schedule of rates – for construction

3.2 The Bidder is expected to examine all instructions, forms, terms and specifications in the bid documents.

Failure to furnish all information required as per the Bid Documents or Submission of bids not substantially responsive to the bid documents in every respect will be at the bidder’s risk and shall result in rejection of the bid.

4. QUERIES ON BID DOCUMENTS: A prospective bidder, requiring any clarification of the Bid Documents shall; notify the BSNL in writing or by fax or cable at the BSNL’s mailing address indicated in the invitation for Bids. The BSNL shall respond in writing to any request for clarification of the Bid Documents, which it receives not later than 7 days prior to the date for the opening of the bids. Copies of the query (without identifying the source) and the clarifications by the BSNL shall be sent to all the prospective bidders who have purchased the bid documents and all such clarifications issued by the BSNL will form part of the bid document. The same shall be posted on website also. Those who are downloading tender document from website should download the clarification also and submit with the tender document.

5. AMENDMENT OF BID DOCUMENTS:

5.1 At any time, prior to the date for submission of bids, the BSNL may, for any reason whether suo motto or in

response to clarification requested by a prospective Bidder, modify the bid documents by amendments. 5.2 The amendments shall be notified in writing or by telex or FAX to all prospective bidders on the address

intimated at the time of purchase of bid documents from the BSNL and these amendments will be binding on them. The same shall be posted on website also. Those who are downloading tender document from website should download the clarification also and submit with the tender document.

5.3 In order to afford prospective bidders reasonable time to take the amendments into account in preparing their

bids, the BSNL may, at its discretion, extend the deadline for the submission/opening of bids suitably.

5.4 In case of tender document downloaded from the official web site of the WTR, the tenderer should submit the required cost of bid document as prescribed in the form of DD along with tender and if any discrepancy found in the tender document submitted by the tenderer, the tender uploaded by the BSNL will be treated as valid and any change found in the tender document submitted by the tenderer at any stage, will be treated as fraud done to the BSNL and will be liable to cancellation of agreement done (if any) and appropriate action will be taken against the tender.

PREPARATION OF BIDS

6. Cost of Bidding:

The bidder shall bear all costs associated with preparation and submission of the bid. The BSNL, will in no case, be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process.



7. DOCUMENTS ESTABLISHING BIDDER’S ELIGIBILITY AND QUALIFCATIONS:

The bidder shall furnish, as part of his bid documents establishing the bidder’s eligibility, the following

documents and all these documents needs to be signed/ self attested by bidder: a. Bid Security (EMD) in accordance to clause no.8 and cost of Tender (if downloaded from Internet). b. Bid document (s), in original, duly filled in and signed by Bidder or his authorized representative along

with seal on each page. All corrections and over writing must be initialed with date by the Bidder or his authorized representative.

c. The copy of Experience certificate issued by the competent authority duly signedby an authority not less than Executive Engineer/Divisional Engineer/Sr. Manager.

d. PAN Card and Copies of Last three income tax return certificate certified by CA. e. The Registration of Firm: The authenticated copy of partnership deed in case of partnership firm, copy of

Memorandum of Association in case of Company as the case may be. f. Bid Form, duly filled in, as per section II. g. Bidder’s profile duly filled in, as per section III of the Bid document. h. Original “Power of Attorney” in case person other than the Bidder signed the documents. The power of

attorney should be for specific work and not general power of attorney. Tender is liable to be rejected if power of attorney is not submitted accordingly.

i. EPF, ESIC and Labourregistration. j. Service tax registration k. VAT registration.

Please refer Eligibility Criterion Page 2.

8. BID SECURITY(EMD):

8.1 The bidder shall furnish, as part of his bid, a bid security (EMD) for the amounts shown in the NIT separately for each section. No interest shall be paid be by the BSNL on the bid security for any period, what so ever.

8.2 The bid security is required to protect the BSNL against the risk of bidders conduct, which would warrant

the security’s forfeiture, pursuant to Para 8.7.

8.3 Bid Security shall be paid in the form of Crossed Demand Draft/Fixed Deposit issued by a scheduled bank, drawn in favor of BSNL IFA WTR, Mumbai payable at Mumbai. The DD should be valid for at least 90 days from the financial bid opening date of NIT.

8.4 A bid not secured in accordance with clause 8.1 & 8.3 above shall be rejected by the BSNL as non-

responsive.

8.5 The bid security of the unsuccessful bidder will be refunded as promptly as possible.

8.6 The successful bidder’s bid security will compulsorily be converted to part Performance security deposit in accordance with clause 5(i) Section V.

8.7 The bid security(EMD) shall be forfeited:

i. If a bidder withdraws his bid during the periods of bid validity specified in the bid document, or ii. If the bidder makes any modifications in the terms and conditions of the Bid before acceptance of the

Bid, which are not acceptable to the BSNL or iii. If the Bidder is found to have given false/incorrect certificate in Section-III iv. In case of successful bidder, if the bidder fails:

a. To sign the agreement in accordance with clause 25 Section IV, or b. To furnish Performance Security in accordance with clause 5.i Section V.



9. Bid Prices:

9.1 The bidder shall give the total composite price inclusive of all levies and taxes, packing, forwarding, freight

and insurance in case of materials to be supplied and inclusive of all taxes and levies in case of works to be executed. The contractor shall be responsible for transporting the materials, to be supplied by the BSNL (At the divisional Store Depot) or otherwise to execute the work under the contract, to site at his/their own cost. The costs of transportation are subsumed in the standard Schedule Rates and therefore no separate charges are payable on this account. The offer shall be firm in Indian rupees.

9.2 Prices shall be quoted by the bidder as percentage below/above/at par the schedule of rates given in

schedule of rates (Financial Bid). Prices quoted at any other place shall not be considered. 9.3 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. A bid submitted with an adjustable price quotation will be treated as non- responsive and rejected.

9.4 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 offer discount shall therefore modify their offers suitably while quoting and shall quote clearly net price taking all such factors like Discounts, free supply, etc. into account.

9.5 The Bidder shall quote in Financial Bid in English or Hindi only, both in words and figures.

9.6 In the case of illiterate Bidders, a witness should attest the Financial Bid. The percentages quoted in words

will have precedence over the percentages quoted in figures. If the percentages are not quoted in words, that Bid is liable to be rejected.

10. PERIOD OF VALIDITY OF BIDS:

10.1 Bid shall remain valid for 365 days from date of opening of the bid (Qualifying Bid). A BID VALID FOR A SHORTER PERIOD SHALL BE REJECTED BY THE BSNL AS NON-RESPONSIVE.

10.2 The BSNL reserves the right to request the lowest three (3) bidders as per read out list on the opening day to

extend the bid validity for a period of further 120 days and the bidder has to necessarily extend the bid validity. Refusal to extend the bid validity will result in forfeiture of the bid security. A bidder accepting the request and extending the bid validity will not be permitted to modify his bid.

10.3 "The Bidders shall not be entitled during this period of 240 days, without the consent in writing of

Divisional Engineer, to revoke or cancel his Bid or to vary the Bid submitted or in term thereof. The acceptance of Bid shall be communicated to the successful Bidder(s) by the Divisional Engineer."

11 SIGNING OF BID:

11.1 The bidder shall submit, as a part of his bid, the bid documents (in original) duly signed on each and every page, establishing the conformity of his bid to the bid documents of all the works to be executed by the bidder under the contract. (Note: The Bidder is advised to keep a photocopy (at his own cost) of the bid documents for his own reference.) All the documents submitted by bidder in support of his bid, shall constitute the part of the bid. Bidder has to sign on each & every page of submitted documents, establishing the conformity of the submitted documents.

11.2 The bid shall contain no inter-lineation, erasures or overwriting except as necessary to correct errors made

by the bidder in which case the person or persons signing the bid shall sign such corrections with date.



11.3 The Bidder will be bound by all terms, conditions, construction practice and specifications as detailed in this Bid Document.

11.4 Unsigned or partial signed Bid shall be rejected.

SUBMISSION OF BIDS 12. Method of preparation of bid:

12.1 Bid for each tender should be submitted in two envelopes placed inside indivisualcover. These envelopes should Contain the following;

Envelope Number Marked on the cover Contents of Envelope

First Bid Security(EMD) andCost of Tender (if internet downloaded) and Qualifying Bid Documents.

Containing NIT,documents as per claus 7, clause 8 of Section IV &EMD.

Second Financial Bid (A), (B) Percentages duly quoted by the Bidder in

the prescribed format.

On all these envelopes the name of the firm and whether COVER-I “Bid Security, Qualifying

Docs. Cost of Tender” OR COVER-II“Financial” must be clearly mentioned and should be properly sealed (with sealing wax/packing PVC tape). The Bids that are not submitted in above mentioned manner shall be summarily rejected.

12.2 (a) All envelopes must bear the following on the left hand top corner side:- Tender for OF Cable route maintenance and cable reinstatement Works (For the section

of DE OFC WTR Prabhadevi,Mumbai.) (DUE DATE OF TENDER 06/07/2015)”

(b) All envelopes must bear the full name and full address of the Bidder at the bottom right hand side corner of the envelope.

12.3 The Bid with conditions other than those specified in the Bid document is liable to be summarily rejected.

No modification by the contractor in any of the conditions will be permitted after the Bid is opened.

13. SUBMISSION OF BIDS:

13.1 Bids should be dropped in person in the tender box placed in the office of DE OFC Route WTR,Mumbai or by Post/ Courier on or before the closing (date & time) of Bid, as mentioned in NIT. The Bidder is to insure the delivery of the bids at the correct address. The BSNL shall not be held responsible for delivery of bid to the wrong address or for delayed receipt due to postal delay. The slit of the tender box will be sealed immediately after the specified time for receipt of Bid. Any Bid presented in person after the sealing of box will not be received by the DE OFC Route WTR,Mumbai or by any of the subordinates or will not be allowed to be deposited in the tender box.



13.2 Postponement of Bid opening: Wherever it is considered necessary to postpone the opening date of tenders, quick decision must be taken and communicated to the Bidders who have purchased the Bid documents. Such notice of extension of date of opening shall also be put-up on published. If the date of opening of bids is declared as holiday, the bids will be opened on the next working date at the same time and venue.

13.3 The BSNL if subsequently declares date fixed for opening of bids as holiday, the 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.

13.4 In case of tender document downloaded from the official web site of the WTR, the tenderer should submit

the required cost of bid document as prescribed in the form of DD along with tender and any discrepancy found in the tender document submitted by the tenderer, the tender uploaded by the BSNL will be treated as valid and any change found in the tender document submitted by the tenderer at any stage will be treated as fraud done to BSNL and will be liable to cancellation of agreement done (if any) and appropriate action will be taken against the tenderer

14. LATE BIDS: Bids will not be received after the specified time and date of closing of the Bid and the same shall

be rejected and returned unopened to the bidder. It is the sole responsibility of the Bidder that he should ensure timely submission of Bid.

15. MODIFICATIONS AND WITHDRAWL OF BIDS:

15.1 The bidder may modify or withdraw his bid after submission and before opening, provided that the intimation

is deposited by the bidder in a properly sealed envelope (With Wax/Packing PVC tape) in the tender box, before the scheduled time & date for closing of tender.

15.2 No bid shall be modified subsequent to the deadline for submission of bids.

BID OPENING AND EVALUATION: 16. OPENING OF BIDS BY THE BSNL:

i. The BSNL shall open the bids in the presence of bidders or his authorized representatives who choose to attend. The bidder’s representatives, who are present, shall sign an attendance register. The bidder shall submit authority letter to this effect before they are allowed to participate in the bid opening (A format is given in section-X).

ii. A maximum of two (2) representatives for any bidder shall be authorized and permitted to attend the bid

opening.

iii. The Bids shall be opened in the following manner.

a) The bid opening committee shall count the number of bids and assign serial number to the bids. For example, if 10 Bids have been received the bids shall be numbered as 1 of 10, 2 of 10 etc. All the members shall initial on the outer envelopes of all the bids with date.

b) The envelopes containing the Bid offer and not properly sealed, as required vide Para 12.1 shall

not be opened and shall be rejected outright. Closing the cover by gum will not be treated as sealed cover. The reasons for not opening such Bid offers shall be recorded on the face of the envelope and all the members of bid opening committee shall initial with date.

c) First the outer envelope containing the three envelopes is to be opened. The bid opening

committee shall initial on all three envelopes with date.



d) Among these three envelopes, the envelopes marked “BID SECURITY” shall be opened first and examined.

e) The bidders who have submitted proper bid security as per Bid document, their “Qualifying

bid” shall be opened and papers/documents submitted by the bidder shall be examined and recorded by the TOC. After opening the qualifying bid, all the documents contained therein shall be serially numbered.

f) After recording of the “Qualifying Bid” the TOC will place all the Financials bids submitted by

the bidder in an envelope and will properly seal it with wax or packaging PVC tape for keeping in safe custody.

g) The Financial Bid shall be opened in the following manner,

h) The envelope marked “Financial Bid,” will be opened only for qualified Bids in “Qualifying

bid”.

i) The date and time of opening of “Financial bid” shall be conveyed to all the bidders who have qualified in Qualifying Bid and their representative shall be allowed to attend the financial bid opening.

j) After opening the “Financial Bid” name, bid prices, modifications, bid withdrawals and such

other details as the BSNL, at its discretion, may consider appropriate will be announced at the opening.

k) In case there is discrepancy in figures and words in the quote, the same shall be announced in

the bid opening, but the quote in words shall prevail. 17. CLARIFICATION OF BIDS BY THE BSNL: To assist in examination, evaluation and comparison of bids,

the BSNL may, at its discretion ask the bidder for clarification of its bid. The request for its clarification and its response shall be in writing. However, no post bid clarification at the initiative of the bidder shall be entertained.

18. PRELIMINARY EVALUATION:

a. BSNL shall evaluate the bids to determine whether they are complete, whether any 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.

b. If there is discrepancy between words and figures, the amount in words shall prevail. If the Contractor does not accept the correction of the errors, his bid shall be rejected.

c. Prior to the detailed evaluation, pursuant to clause 21, the BSNL will determine the substantial

responsiveness of each bid to the bid document. For purpose of these clauses a substantially responsive bid is one, which conforms to all the terms and conditions of the bid documents without deviations. The BSNL’s determination of bids responsiveness is to be based on the contents of the bid itself without recourse to extrinsic evidence.

d. The BSNL will reject a bid, determined as substantially non-responsive and shall not subsequent to the

bid opening be made responsive by the bidder by correction of the non-conformity.

e. The BSNL may waive any minor infirmity or no-conformity or irregularity in a bid, which does not constitute a material deviation, provide such waiver does not prejudice or affect the relative ranking of the bidder.

19. EVALUATION AND COMPARISON OF SUBSTANTIALLY RESPONSIVE BIDS:



a. The BSNL shall evaluate in detail and compare the bids previously determined to be substantially responsive pursuant to clause18.

b. The evaluation and comparison of responsive bids shall be on the percentage deviation (above/below/at

par) offered and indicated in schedule of rates of the bid documents.

c. If the offered rates of more than one bidder are same than the work may be divided (In terms of Length) equally among them. In such case no claim of Strata Variation in the Route shall be accepted. The work may be awarded in any portion of the Section or Route to any of the bidder as decided by Engineer In Charge. However if all the bidders except at least one want to withdraw their bid and at least one bidder accepts the work than they may be allowed and their EMD shall be refunded after doing the agreement with one (or more by equally distributing the Section in terms of length) of the bidders for entire section. Failing to sign the agreement by one of the bidders, the others shall be liable to accept the work.

20. CONTACTING THE BSNL:

a. Subject to clause 17 no bidder shall try to influence the BSNL on any matter relating to its bid, from the time of bid opening till the time the contract is awarded.

b. Any effort by the bidder to modify his bid or influence the BSNL in the BSNL’s bid evaluation, bid

comparison or the contract award decisions shall result in the rejection of the bid. 21. AWARD OF CONTRACT:

a. The BSNL shall consider award of contract only to those eligible bidders whose offers have been found technically and financially acceptable.

b. Bids will be accepted and Contract will be finalized only with those of the Bidders, who in the opinion of

Divisional Engineer are having the capacity and resources to execute the work assigned in the prescribed time as per the time schedule attached separately.

c. The Divisional Engineer reserves the right to award the work in any section to a single Contractor or split

the work among two or more Contractors. The decision of Divisional Engineer in this regard shall be final and binding. If the work in one section is awarded to more than one Contractor, the demarcation of the work among the various Contractors shall be decided by Divisional Engineer and the demarcation will be communicated in writing to the concerned Bidders.

22. BSNL’S RIGHT TO VARY QUANTUM OF WORK: The BSNL reserves the right to decrease or

increase the work by up to 25% of the total contracted value in terms of rupees without any change in the rates or other terms and conditions. However the individual item of works may be varied in any quantum within the overall limit of 25 % of the contracted value in terms of rupees.

23. BSNL’S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS:

23.1 The BSNL 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 what-so-sever and without thereby incurring any liability to the affected bidder or bidders on the grounds for the BSNL’s action.

23.2 The tender approving authority is not bound to accept the lowest Bid. 24. ISSUE OF LETTER OF INTENT:

24.1 The issue of letter of intent shall constitute the intention if the BSNL to enter in to the contract with the bidder. Letter of intent will be the issued as offer to the successful bidder.

24.2 The bidder shall within 15 days of issue of letter of intent, give his acceptance along with

Performance BG as security deposit as per clause 5. (i) Section-V, provided with the bid documents.



Failing which his EMD may be forfeited and bid is liable to be cancelled. 25. SIGNING OF AGREEMENT:

25.1 The signing of agreement shall constitute the award of contract on the bidder. The agreement with the Successful bidder shall be signed by the BSNL within a week of submission of material security as per clause 24.2 above.

25.2 As soon as the Bid is approved by the competent authority, the Bid Security deposited by the successful

bidder shall be compulsorily converted in to the Performance security deposit, which will be held by the BSNL till the completion of warranty period.

25.3 "In the event of failure of the Bidder to sign the Agreement within seven days of being called upon to do so

or in the event of his failure to start the work as stipulates the amount of Earnest Money shall stand forfeited and the acceptance of the Bid shall be re-considered and revoked which will not amount to imposing of penalty. In the event of bidder’s failure to start the work as stipulates shall result in forfeiture of performance security deposit and the acceptance of the Bid shall be re-considered and revoked which will not amount to imposing of penalty.”

26. ANNULMENT OF AWARD: Failure of the successful bidder to comply with the requirement of clause 25

shall constitute sufficient ground for the annulment of the award and forfeiture of the bid security, in which event, the BSNL may make the award to any other bidder at the discretion of the BSNL or call for new bids.

27. Since work may be awarded simultaneously in all sections, work contract in not more than two sections may

normally be awarded to any Contractor, unless the Divisional Engineer is satisfied that the Contractor has got enough capacity and resources to carry out the Work simultaneously in all the sections for which the contractor may be awarded the work. While interpreting the term 'Contractor' for this clause, any sister concern of the same Contractor under the same management or in any way related to each other, will be regarded as one and the same Contractor. Normally offers from Contractors who were awarded similar works against any previous Bid may not be entertained, unless in any particular case, Divisional Engineer is satisfied about the past performance of the Contractor. If any such work awarded earlier is not completed and is in progress, any work against this Bid will be awarded only if Divisional Engineer is satisfied about the past performance of the Contractor. If any such work awarded earlier is not completed and is in progress, any work against this Bid will be awarded only if Divisional Engineer is satisfied that the Contractor has capacity and resources to take up the additional work along with the work(s) in progress, and will be able to ensure completion of all the works according to the prescribed time schedule against each such work. The performance of the Contractor will be assessed by taking into account the quality of work, speed of implementation and completion within the target date assigned and any other factors considered relevant by Divisional Engineer. The assessment of Divisional Engineer shall be final and binding in all such cases.

28. It is to be specifically noted that the Divisional Engineer wants the works to be done simultaneously in as many

sections as possible so that the maintenance can be completed in the shortest possible time. Keeping BSNL interest in mind, Divisional Engineer has full discretion to award the entire work or part of the work in any section to one or more Contractors, whose rates may not necessarily be the lowest in that section, even though Bid for one section is independent of any other section or to carry out the work by BSNL or through any other agency.

29. The quantities indicated in Bid schedule shall not be considered as representing firm/final quantities. All works

shall be measured by Divisional Engineer or his authorized representatives. Amount payable to contractor shall be on the basis of actual work done by him at the rate approved by BSNL.

30. REPRESENTATIVE OF THE BSNL: -The BSNL shall be represented by the DIVISIONAL ENGINEER who

will be engineer-in-charge of the works. BSNL representative in works site shall be the Site Engineer or such other representative as the Divisional Engineer may from time to time designate in writing. The Site Engineer and/or his assistant or nominee shall inspect the work and materials of the Contractor. Notice given in writing by the Contractor or the Contractor’s representative to the Site Engineer or the Divisional Engineer shall be deemed to be Site notice be given to the BSNL. Notices given in writing by the site Engineer or the Divisional Engineer



shall be deemed to be notice given by the BSNL to the Contractor. The Site Engineer and such other representatives as Divisional Engineer may designate in writing shall be deemed to be authorized to represent the BSNL representative, as aforesaid, which is within his powers shall be binding on the Contractor.

31. REPRESENTATIVE OF CONTRACTOR: - “The Contractor shall furnish to the BSNL, the scheme of his

intended Organization for the contracted work, naming his superintendent. The Contractor shall have on each site a superintendent, being authorized to represent the Contractor on his designated section work, to whom the BSNL representative can make known decisions, authorizations and interpretations. The Contractor shall within ten days after the execution of the Contract/Agreement notify the BSNL the name(s) and address(s) of the Superintendent along with the specimen signatures in terms of site allocations. Any change in name and address of any Superintendent notified as aforesaid shall be promptly intimated in writing to the BSNL. Notices given in writing to the Superintendents shall be deemed to be notices given to the Contractor. The Contractor shall also have a Manager fully authorized to represent Contractor on matters 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."

32. These instructions to the Bidder shall be deemed to form part of the Agreement/Contract for the work.

(End of Section IV)



SECTION V

GENERAL (COMMERCIAL) CONDITION OF THE CONTRACT

1. APPLICATION: The General conditions shall apply in contracts made by the BSNL for the execution of O F cable construction

works. 2. STANDARDS: - The works to be executed under the contract shall conform to the standards prescribed in the OF Cable

construction practices, Of cable out door/indoor Maintence practices

PATENT RIGHTS

In case any material, supplied by contractor, he shall indemnify the BSNL against all third-party claims of infringement of patent, trademark or industrial design rights arising from use of the goods or any part thereof in Indian Telecom Network.

3. PRICES: 3.1 Prices charged by the Contractor for the works performed under the Contractor for the works performed under

the Contract shall not be higher from the prices quoted by the Contractor in his Bid. 3.2 Prices once fixed will remain valid for the period of contract. Increase and decrease of taxes/duties will not

affect the price during this period except service tax. 3.3 The Bid schedule shall be read in conjunction with construction specifications, instructions to Bidders and

conditions of Contract and the Bidder/Contractor shall be deemed to have carefully examined all these documents. It is further understood and agreed that the Contractor by careful examination satisfied himself to the nature and the location of work, the configuration of the ground the 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 descriptions of the work to be done and the way in which they are to be carried out within the time schedule and all other matter which can in any way affect the works under the Contract before giving his tendered rates. The specifications for the entire work are to be read together and not in isolation.

4. SUB CONTRACTS: 4.1 The contractor shall not assign, sub contract or subject the whole or any part of the works covered by the

contract, under any circumstances.

4.2 Where the Contractor is a partnership firm, the previous approval in writing of the Engineer-in-charge shall be obtained before any change is made in the constitution firm. Where Contractor is an individual or a Hindu undivided family business concerns such approval as aforesaid shall likewise be obtained before the Contractor enters into any partnership agreement hereunder the partnership firm would have the right to carry out the work hereby undertaken by the Contractor. If previous approval as aforesaid is not obtained, the contract shall be deemed to have been assigned in the contravention of above Clause 4.1 thereof & the same action may be taken & the same consequence shall ensue as provided in said Clause 4.1.

5. SECURITY DPOSIT:



(i) Performance GURANTEE &Security DEPOSIT: a. The total amount of Performance Security Deposit shall be 10% of the contract value. This Performance security

deposit will be used for material and work security. The EMD shall compulsorily be converted into performance security deposit. The contractor shall furnish a Demand Draft of balance amount of performance security deposit (i.e. 10% of the contract value minus EMD amount) OR a Performance Bank Guarantee of the total amount of Performance Security Deposit (i.e. 10% of the contract value) to the BSNL within 15 days from the date of issue of Letter of Intent by the BSNL. In case of submission of Performance Security Deposit in form of Performance Bank Guarantee by contractor, the EMD will be refunded to contractor after acceptance of Bank Guarantee by BSNL.

b. If in the opinion of the Tender Evaluation committee the quoted rates are abnormally low ( 25% or more below the estimated rates), an additional security deposit to the tune of 10% of estimated cost of work put to tender shall be deposited by the contractor before signing of the agreement and issue of workorder by BSNL. This additional security deposit is in addition to prescribed performance security deposit and the same shall be refunded immediately after successful completion and acceptance of work and on receipt of written request.

c. This performance security/ Additional security Deposit has to be submitted in the form of demand draft/ Performance Bank Guarantee, from any nationalized / scheduled Bank,in the name of BSNL IFA WTR, Mumbai payable at Mumbai.The PerformanceSecurity will be a non-interest bearing deposit, for any period what so ever. Performance Bank Guarantee shall be in form provided in Section IX- B of this Bid document. The validity period of Performance Security in the form of Performance Bank Guarantee shall be at least ONE year. However contractor shall have to extend the validity of bank guarantee for a further period if desired by BSNL, till the due fulfillment of all terms and conditions of this bid document by the contractor. This extension of validity of bank guarantee shall be submitted to BSNL by contractor at least one month before the expiry date, failing which BSNL may resort to encashment of bank guarantee where the contractor fails to honour his contractual obligations of fulfillment of all terms & conditions of this bid document.

d. The contractor can any point of time will not be issued stores costing more than performance security. If due to any reason more stores have to be issued to the contractor, then the performance security will be suitably enhanced. In this regard the decision of the DGM Maintenance shall be final and binding.

e. The proceeds of the performance security shall be payable to the BSNL as compensation for any loss resulting from the contractor’s failure to complete its obligations under the contract as well as a compensation for any loss resulting from the contractors’s failure to handle properly the material issued to the him under the contract.

f. The Performance Security deposit of the contractor shall be refunded after expiry of six months from the date of final bill payment, or one month after expiry of PBG provided there are no recoveries to be made arising out of poor quality of work, incomplete work and / or violation of any terms and conditions of the contract as stipulated in the bid document. Refund of performance security deposit is subject to full and final settlement of the final payment for the work contracted / executed under the contract.

g. No interest will be paid to the contractor on the security deposit. h. All the compensation or other sum of money payable by the contractor under the terms of this contract may be

deducted from the performance security deposit or from any sum which may be due or may become due to the contractor by the BSNL on any account whatsoever from this contract or any other contract with BSNL and in the event of his security deposit being reduced by reason of any such deductions, the contractor shall within ten days make good in cash the amount required to make good in full, the security deposit. Otherwise, the said balance in full shall be collected from the running bills of the contractor.

(ii) UNCLAIMED SECURITY DEPOSIT: Security Deposit(s) that is (are) due for refund to the

Contractor/Supplier and remain unclaimed for three years after its/their refund become(s) admissible (for instance, after the contractor/supplier fulfils his contract shall be dealt with in accordance with the provisions contained in the rules of the BSNL.

6. ISSUE OF WORK ORDERS AND TIME LIMIT: OFC Route Maintenance work

This covers corrective works on occurrence of faults

6.1 The contractor shall carry out the OFC maintenance work as per the approved Schedule of



Rates.

6.2 The Contractor shall deploy his superintendent to be stationed at the designated location mutually agreed to. The superintendent shall be responsible for arrangement of machines/manpower, logistics(Vehicles etc. if required), equipments and sufficient fund to meet day to day expenditures, etc

6.3 The contractor or its representative may be informed by Divisional Engineer or any other

officer nominated, either telephonically/SMS or otherwise about the faults. The superintendent should be on alert to answer any call from Site Engineer or Engineer in charge team and should arrange the machines/manpower and logistic within an hour. The fault docket shall be as mentioned below

Fault Docket Name of the Route :--------------------to -------------------- Reporting Date : -------------------- Time : -------------------- Nature of Fault : -------------------- Time required for making the Trench : ----------- Reported to : -------------------- Restoration Date :-------------------- Time : ------------------- Telephonically informed on Date : -------------- Time : -------------------- Signature of SDE (I/C) ------------------------------------------------------------------------------------------------------- Fault Details (M. B.) Name of the Route : -------------------- to -------------------- Reporting Date : -------------------- Time : -------------------- Nature of Fault : -------------------- Physical Location of fault : -------------------- Work Details : --------------------



S.No Description of work Unit Quantity 1 Digging and refilling of pit of size - 1m X 1m X till cable

depthm Per cubic meter

2 Preparation of Trench of size 0.6 m X 1m X 1.65 m Running Meter 3 Pulling and back pulling of O.F. Cable Meter 4 Breaking the wire mesh & PLB pipe Meter 5 Opening and closing of buried joint chambers Fault, if required 6 Loading and un-loading of stores and equipment’s Fault 7 Opening and closing of manholes Manhole 8 Providing concrete protection as per specifications only. Running meter 9 Providing Route /Joint Indicator as per specifications only. No. 10 Fixing Route / Joint Indicator as per specifications only. No. 11 Construction of Joint Chamber as per specifications only. No. 12 Any other work

Restoration Date : -------------------- Time : -------------------- Signature of JTO Signature of SDE

6.4 The contractor shall arrange manpower and other logistics immediately but not exceeding one hour from the receipt of information about faults for routine maintenance work.

OFC IMPROVEMENT WORK (This covers the preventive mtce work and permanent restoration work)

6.5 For carrying out OFC improvement work a separate work order as mentioned below shall be

issued by the Divisional Engineer in-charge as per SOR after examining the technical and planning details of the works to be executed from time to time



(Performa of Advance Work Order) BHARAT SANCHAR NIGAM LIMITED (A Govt. of India Enterprise) OFFICE OF THE DIVISIONAL ENGINEER OFC ROUTE PRABHADEVI,MUMBAI By Regd. A.D. / By Hand Advance Work Order for O.F. CABLE MTCE. WORK in WTR MUMBAI From: - Divisional Engineer OFC Route Prabhadevi,Mumbai Work Order No. Date: _____________ To, M/s ___________________________ _______________________________ Estimate No. ____________________ Tender No. ________________________ Anticipated Quantum of Work for the period from ---------------- to ---------------. S.No Description of work Unit Anticipated

Quantity 1 Digging and refilling of pit of size - 1m X 1m X 1.65 m Pit 2 Preparation of Trench of size 0.6 m X 1m X 1.65m Running Meter 3 Pulling and back pulling of O.F. Cable Meter 4 Breaking the wire mesh & PLB pipe Meter 5 Opening and closing of buried joint chambers Fault, if required 6 Loading and un-loading of stores and equipment’s Fault 7 Opening and closing of manholes Manhole 8 Providing cement concrete protection as per specifications

only. Running meter

9 Providing Route Indicator/Joint Indicator as per specifications only.

No.

10 Fixing Route / Joint Indicator as per specifications only. No. 11

Construction of Jointing Chamber as per specifications only. No.

Name of the site Engineer (SDE-in-charge) _____________________ Name of the site JTO-in-charge ____________________________ Signature of Divisional Engineer (In- charge of O.F. Cable Mtce. Work) Note :-

1. This is anticipated quantum of work and may be changed according to the situations and depends upon day to day fault occurrence. No claim can be made for this W.O.

2. The claim will be made as per the actual work carried out during that period. 3. Day to day instructions will be issued by concerned SDE/JTO and will be followed strictly. 4. Due care is to be taken while executing the work.

Copy to:-1. The DGM (M), WTR, Mumbai for information Pl. 2. The Account Officer O/o DGM (M), WTR Mumbai for information Pl. 3. The concerned SDE ------------------- for information &n/a Pl. 4. Estimate file



The Divisional Engineer shall mention the time limit to execute the work order after seeing the quantum of work and store availability position.

6.6 The BSNL reserves the right to cancel or modify the scope of work stipulated to be carried out

against the work order in the event of change of plan necessitated on account of technical reasons or in the opinion of work order issuing authority or the DGM Maintenance, the contractor is not executing the work at the required pace.

6.7 The Contractor shall not undertake or make any change or do any work under this contract unless

he has received written instructions from Engineer-in-charge. 6.8 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 Engineer-in-Charge written authorization to perform such work.

6.9 For extra work which is not covered within the scope of this contract, the Contractor will receive

extra compensation on the basis of lump sum unit price as may be agreed upon in advance in writing between the Engineer-in-charge and the Contractor.

6.10 In cases, of such of the works, where an interpolation of the rates are possible such rates shall be

accepted by both the parties. 6.11 If the altered, additional or substituted work includes any work for which rates are not specified in

the contract for the work and cannot be derived from similar class of work in the contract, then such work shall be carried out at the rate determined by the Engineer-in-charge on the basis of prevailing market rates where the work was done & this rate shall be communicated in writing.

6.12 If the rate for altered, additional or substituted work cannot be determined in the manner specified

above, then the Contractor shall within seven days of the date of receipt of order to carry out the work, inform the Engineer-in-charge of the rate which in his intention to charge for such class of work supported by analysis of the rate or rates claimed, and the Engineer-in-charge shall determined rates on the basis of prevailing market price & pay the Contractor accordingly. However, the Engineer-in-charge by notice in writing will be at liberty to cancel his order to carry out such class of work and arrange to carry out it in such manner, as he may consider advisable.

6.13 Any extra quantity of work already awarded will not come within the scope of 'Extra work'. 6.14 It is stressed that the Contractor shall not resort to stoppage of work pending an agreement of rates

for extra work. 6.15 SETTING OUT OF WORKS: The Site Engineer shall furnish the Contractor with only the center

line of the trench to be excavated and the Contractor shall set out all other works relevant as directed by the Engineer-in-Charge and shall provide sufficient staff for the purpose and shall be solely responsible for the accuracy of such setting out.

6.16 Trenching and pipe laying shall start from one direction as decided by site in-charge of the

awarded section only. Contractor shall take all precautions and steps not to leave any patches in between. After completion of first one Km only, contractor shall be allowed to start work of trenching and pipe laying to next Km.



6.17 All the clauses in this Bid document relating to cable pulling, digging of joint pits/man holes and associated works will apply only if it is specifically mentioned in the NIT, that such works are to be carried out by the trenching contractor.

7. EXTENSION OF THE TIME LIMIT: 7.1 General 7.1.1 In each work order, the work order, the work order issuing authority shall specify the time allowed for

completion of work consistent with the magnitude and urgency of work. The time allowed for carrying out the work is to be strictly observed by the contractor and shall be reckoned from seventh day from the date of issue of work order.

7.1.2 In as much as “the time being deemed to be the essence of contract”, throughout the stipulated period

of contract, the work is to be proceeded with all due diligence on the part of the contractor. 7.2 Application for Extension of the Time and Sanction of Extension of time (EOT):

7.2.1 There may be some hindrances, other than covered under force majeure, while execution of work and in such cases the contractor shall apply in writing to the engineer-in-charge for extension of time (EOT), on account of which he desires such extension within fourteen days of occurrence of hindrance. The Engineer-in-charge shall forward the request to the competent authority (an officer of the rank of JAG level in-charge of OF cable construction) in the prescribed Form. The DGM M is the competent authority empowered to grant extension of time for completion of work on certain conditions. He shall exercise such powers, if the following conditions are satisfied.

7.2.1.1 The application contains the ground(s), which hindered the contractor in execution of work. 7.2.1.2 The Engineer-in-charge is of the opinion that the grounds shown for extension of time are

reasonable. 7.2.2 The competent authority shall consider the request keeping all the facts and circumstances in

view and shall grant extension of time, if in his opinion, there are reasonable and sufficient grounds for granting such extension and the reasons for delay are not ascribable to the contractor.

7.2.3 The competent authority may also grant extension of time for completion of work in cases

where reasons for delay are ascribable to the contractor, but such extension of time shall be with LD charges as per clause dealing with penalty for delays in execution of works.

7.2.4 The competent authority shall grant EOT with time period for completion of work expressly mentioned. The sanction of the competent Authority of EOT shall be issued under the signature of the Engineer in-charge.

7.2.5 If the competent authority is of the opinion that the grounds shown by the contractors are not

reasonable and sufficient and declines to grant the extension of time, the contractor cannot challenge the soundness of the opinion by reference to arbitration. The decision of the competent authority on period of extension of time or refusal for extension of time shall be final and binding on the contractor.



7.3 Grant of Extension of Time without Applications:

7.3.1 There are, at times, practical difficulties like non-availability of materials, delay in providing

permissions/right of way etc, reasons of which are ascribable to the BSNL. In such cases, the Engineer-in-charge with the approval of competent authority to sanction EOT, may issue extension of time suo motto without waiting for contractor to make an application for EOT. Entry of hindrances shall be made in the Hindrance Register. The BSNL will, however not 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.

7.3.2 The contractor shall not be justified in abandoning the contract because the BSNL has delayed

making payments in respect of other work being done for the BSNL by the contractor. 8. MEASUREMENT, INSPECTION, TESTING: 8.1 Measurement: 8.1.1 The measurement books are to be maintained by the officer in-charge of the work or his immediate engineering

subordinate not below the rank of Junior Telecom Officer. The entry shall be made in ink. No entry shall be erased. If a mistake is made, it should be corrected by crossing out the incorrect words or figures and inserting the corrections, the corrections thus made shall be initialed & dated by the officer concerned.

8.1.2 Responsibility of taking and recording measurements:

(a) The Contractor shall give not less than seven days notice in writing to the Engineer-in-charge or his

subordinate in charge of the work before covering up or otherwise placing beyond reach of measurements any work in order that the same may be measured & correct dimensions thereof be taken before the same is so covered up or placed beyond the reach of measurement and shall not cover up & place beyond reach of measurement, any work without the consent in writing of the Engineer-in-charge or his subordinate in charge of the work. The Engineer-in-charge or his subordinate in charge of the work shall within aforesaid period of seven days inspect the work, and if any work shall be covered up or placed beyond the reach of measurement without such notice having been given or the Engineer-in-charge's consent being obtained, the same shall be uncovered at the Contractors expense, or in default thereof no payment or allowance shall be made for such work or the materials with which the same was executed.

(b) The measurement of various items of work shall be taken and recorded in the measurement book issued

with each work order. The measurement shall be taken and recorded by an officer not below the rank of Junior Telecom Officer, supervising the work. The Junior Telecom Officer, directly responsible for supervision of work, shall be responsible for accuracy of 100% of measurements. The Sub Divisional Engineer where Junior Telecom Officer is supervising officer shall be responsible for conducting test check of 50% of measurements. The Divisional Engineer shall be responsible for conducting test check of 25% of measurements. Divisional Engineer and his sub-ordinates (SDE and JTO) will be fully responbile for correctness, accuracy and details of measurements taken and recorded in MB/Bill. DGM M office will bear responsibility of payment accuracy based on recorded measurements by divisions including payment accuracy in recoveries/extra items suggested by divisions.

(c) If contractor executing without or away from marking and not following the instructions of site engineer

such work shall not be recorded in the measurement book and no payment shall be made for such work.

(d) The Junior Telecom Officer & Contractor/his authorized representative will certify under their signature the appropriate places in the measurement book that the depth of trench & alignment is as per specification. After this certification, the pipe laying is to start. After HDPE Pipe laying is over the Junior Telecom officer has to again certify that the HDPE Pipe/PLB Blowing Type/pre-installed rope laying has been done according to specification. The trench will then be reinstated and final recording of completion of work in



that portion is to be certified under the joint signatures of the Junior Telecom officer and the Contractor or his authorized representative. (Contractor has to communicate in writing to the Divisional Engineer the name and other details of the supervisor authorized by him if Contractor himself is not signing the measurement book.) However, the Contractor will have to countersign the measurement and recordings relating to the period for which he prefers the bill.

8.1.3 Method of recording of nomenclature of items: Complete nomenclature of items, as given in the agreement

need not be reproduced in the measurement book for recording the measurements but corresponding Item Code as provided, shall be used.

8.1.4 Method of measurements: The measurement of the work shall be done for activity-wise as and when the item

of work is ready for measurement. The methods of measurements of various items are enumerated as under: Measurement of depth of trenches

The cable routes of one work order shall be divided into a number of continuous segments each of

maximum 200 meters length bounded by identifiable landmarks at both the ends of the segments. If landmarks are not available, length of segment may be maintained at 200 meters. The measurement of depth shall be recorded at each point of measurement (POM) in the measurement book in meters in the multiples of 5 cms. For example 97 cms will recorded as 95 cms And 103 cms as 105 cms. The points of measurements shall be at a distance of 10 meters starting from 0 (Zero) Meter, For example, if the length of segment is 75 meters, the POM shall be at 0 M. 10 M, 20 M, 30 M, 40 M, 50 M, 60 M, 70 M. The last POM shall be at 75th M to be recorded against Residual POM.Payment shall be done for the average depth of each segment by applying rate reduction formula given below.Payment shall be done for one section.

Payment shall be made to contractor for a full section 200 meters only i.e. if HDPE/GI/RCC Pipes laying, rope pulling, refilling of trench and fixing and concreting of Route Indicators is complete in all respect. Incomplete or unfinished sections will be recorded in MB, but payment shall be released only when section is certified to be complete in all respect by the site in charge.

If water drain or road gutter encountered along the road the depth shall be measured from the top surface

of the water drain or road gutter. Less depth is permitted for the following circumstances for e.g. PCC/RCC/Stone

Masonarywork,Underground water drains,canal,waterways,Hardrock,Manhole,gutter,Inspection Hole covers,Underground laid water lines,pipes,Powercables,Telephonecables.Any unforeseen aspect may be certified by JTO and countersigened by the SDE in whose power it may lie.

The Reduced depth section, 100cm and below shall be Calculated as shown for each 10MTR section. The payment for subnormal depth below 100cm will be calculated as per formula given below:- The average depth shall be made round to nearest lower decimal (i.e. 90cm, 80cm, 70cm, 10cm) 96cm equals to 90cm and 84cm equals to 80cm. P= 60% x RA x D _________________ 100 x ND P = Payment for one meter RA = Approved rate of trenching per meter D = Actual average depth in Cms for 10MTR.

Depth between Reduction in rate <165 Cms. to 150Cms. 5% <150 Cms. to 130Cms. 12.5% of approved rates. <130 Cms. to 100 Cms 25% of approved rates. Below 100 Cms. 40% of approved rates



ND = depth of trench 100Cms Therfore the total payment of each 200Mtr section =

10 x No of 10MTR sections x (100) % of Approved rate of trenching per meter for depth165Cms. +10 x No of 10MTR sections x (100-5) % of Approved rate of trenching per meter <165 Cms. to 150Cms. + 10 x No of 10MTR sections x (100-12.5) % of Approved rate of trenching per meter <150 Cms. to 130Cms + 10 x No of 10MTR sections x (100-25) % of Approved rate of trenching per meter <130 Cms. to 100 Cms + 10 x No of 10MTR sections x (100-40)% of Approved rate of trenching per meter x 90/ 100 for 90cm depth + 10 x No of 10MTR sections x (100-40)% of Approved rate of trenching per meter x 80/ 100 for 80cm depth + 10 x No of 10MTR sections x (100-40)% of Approved rate of trenching per meter x 70/ 100 for 70cm depth Similar calculation for depth of 60cm, 50cm and 40cm… till 10cm may be done. The last section which may not complete 10MTR will be paid in per meter basis.

Measurement of Lengths and profiles of strata and protection: - The measurements of length of trenches are on running meter basis, irrespective of type of soil encountered while digging. The type of protection provided (item code-wise) in a segment shall be recorded in the measurement book in the sheet provided for this purpose. Measurement of length of cable: - The length of cables laid in trenches, through pipes and through

ducts shall be measured by use of RODO Meter/Measuring Tape. The length should be cross verified with the marking of lengths on the cables. The lengths shall be recorded in sheet provided in the measurement book.

Measurement of other items: - The measurement/numerical details of other items shall be recorded in

the sheets provided for respective items viz.

Digging of joint pit and preparation of joint chambers along with its type i.e. Brick chamber or Pre Cast RCC type.

Fixing, Painting and sign writing of route/joint indicators. Termination of Cable in equipment room and no. of joints.

8.1.5 The contractor shall sign all the measurement recorded in the measurement book. The contractor, of

measurement recorded in the MB, will consider this as an acceptance. In case contractor fails to attend at the measurements or fails to countersign or to record the difference with in a week, than in any such events the measurements taken by Engineer-in-charge or by the subordinate as the case may be shall be final and binding on the contractor and the contractor shall have no right to dispute the same.

8.1.6 The divisional Engineer before passing the bill for sections covered by each set of measurement may carry out

test check by re-opening trench at as many locations as necessary as specified in document ‘procedures for underground cable construction’ and bills will be passed only when he is personally satisfied of the correctness of entries in the “Measurement Book” and also when he is satisfied of other aspects of the work as per the terms of the contract. The contractor shall provide the necessary assistance of labour for reopening of trench for test check by the Divisional Engineer. Separate payment shall not be made to the contractor for excavation of such test checks, however such test pits shall not be more than 10% of the cable laying work.

8.1.7 Measurement of the work of cable pulling through pipe/duct will be taken equal to the length of the pipe/duct

through which the cable has been pulled and not the total length of the cable pulled through pipe/duct.



8.2 Inspection and Quality Control: - 8.2.1 The Quality of Works: The quality and availability of long distance media and efficiency of the reliable media

connectivity to exchanges depends up on quality of laying of Optical Fiber Cable. Further, the OF cables are vulnerable to damages due to work of other agencies.

8.2.2 The quality of O.F. cable Plant depends upon the quality of individual items of work involved viz Depth of

Cables laid, care while paying & laying, Protection, Jointing of Cables and Terminations in equipment room and at last but not the least on documentation of cable network. In order to ensure quality in Cable Construction Work, each component of work needs attention. The works shall be carried out strictly in accordance with specifications laid down to achieve the requisite quality aim.

8.2.3 It is imperative that the contractor(s) is/are fully conversant with the construction practices and shall be fully

equipped to carry out the work in accordance with the specifications. The contractors are expected and bound to ensure quality in construction works in accordance with specifications laid down. The contractor shall engage adequate and experienced supervisors to ensure that works are carried out as per specifications and with due diligence and in a professional manner. An assessment of extent of interest shown by the contractors in executing the works with requisite quality shall be recorded and used in evaluating the Contractor’s Performance Rating (CPR).

8.2.4 All works at all times shall be open to inspection and supervision of the BSNL officers. The contractors shall be

bound, if called upon to do so, to offer the works for inspection without any extra payment and remain present at site either himself or his authorized representative duly accredited in writing to receive orders and instructions given to contractors.

8.2.5 Site order Book: The site order book is one of the primary records to be maintained by the JTO supervising the

work during the course of execution of works. The noting made by officers as well as contractors, will form as basis for operation of many contractual clauses. The contractor shall remove all the defects pointed out by the BSNL in the Site order book. The site order book is to be maintained in the prescribed format. The contractor or their authorized representatives shall also be at liberty to note their difficulties etc. in these books. The site order books shall invariably be consulted at the time of making final payments to the contractor.

8.2.6 Quality of materials supplied by contractor to be used in works:

i. In case any materials, provided by contractor;BSNL shall have the right to inspect and test the goods as per

prescribed test schedules for their conformity to the specifications. Where the BSNL decides to conduct such tests on the premises of the supplier 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 BSNL.

ii. Should any inspected or tested goods fail to conform to the specifications the BSNL may reject them and the contractor shall either replace the rejected goods or make all alterations necessary to meet Specification requirements free of cost to the BSNL.

iii. If any equipment/ goods or any part thereof, before it is taken over/ accepted under clause iv., is found defective or fails to fulfill the requirements of the contract, the inspector shall give the contractor notice setting forth details of such defects or failure and the supplier shall make the defective equipment good, or alter the same to make it comply with the requirements of the contract forthwith and in any case within a period not exceeding one months of the initial report. These replacements shall be made by the supplier free of all charges at site. Should it fail to do so within this time, the purchaser reserves the discretion to reject and replace at the cost of the supplier the whole or any portion of equipment/goods as the case may be, which is defective or fails to fulfill the requirements of the contract. The cost of any such replacement made by the purchaser shall be deducted from the amount payable to the supplier.

iv. When the tests called for have been successfully carried out, the ultimate consignee will forthwith issue a Taking Over/ acceptance Certificate. The ultimate consignee shall not delay Taking Overcontemplated by this clause on account of minor defects in the equipment which do not materially affect the commercial use thereof provided that the supplier shall undertake to make good the same in a time period not exceeding one months.



v. Nothing in this clause shall in any way release the Contractor from any warranty or other obligations underthis contract.

9. WARRANTY: 9.1 The contractor shall warrant that the work done or the material supplied for the work shall be new and free

from all defects and faults in material, workmanship and manufacture and shall be of the highest grade and consistent with the established and generally accepted standards for materials of the type ordered and shall perform in full conformity with the specifications and drawings. The contractor shall be responsible for any defects that may develop under the conditions provided by the contract and under proper use, arising from faulty materials, design or workmanship such as corrosion of the equipment, inadequate quantity of materials etc. and shall remedy such defects at his own cost when called upon to do so by the BSNL who shall state in writing in what respect the stores are faulty. This warranty shall survive inspection or payment for, and acceptance of goods, but shall expire except in respect of complaints notified prior to such date, twelve months after the acceptance testing clearance.

9.2 If it becomes necessary for the contractor to replace or renew any defective portion/portions of the material

under this clause, the provisions of the clause shall apply to the portion/portions material so replaced or renewed or until the end of the above mentioned period of twelve months, whichever may be later. If any defect is not remedied within a reasonable time, as prescribed by the BSNL, the BSNL may proceed to do the work at the contractor’s risk and costs, but without prejudice to any other rights which the BSNL may have against the contractor in respect of such defects.

9.3 The Cable joint shall be guaranteed for a period of ONE year from the date of acceptancee. In case of failure

of the joint due to poor workmanship i.e. failure of joint without external damage, with in the stipulated period of guarantee the contractor shall repair the joint(s) at his own cost within 24 hours of informing him, failing which the department may carry out the repairs and penalty equivalent to five times of the approved rate of the jointing work plus the cost of materials used shall be recovered from the contractor from his pending bill/SD or any amount due to him without prejudice to any other action as per terms and conditions of the tender. The cost of jointing kit, supplied by the department, so used to revive the joint shall be deducted from the running bills of the contractor pending for payment of from security if all bills have been settled.

9.4 Replacement under warranty clause shall be made by the contractor free of all charges at site including freight,

insurance, cost of works and other incidental charges. 10. AUDIT AND TECHNICAL EXAMINATION: 10.1 BSNL shall have the right to cause and audit and technical examination of the work and the 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 the refund the amount of over payment and it shall be lawful for BSNL to recover the same from him in the manner prescribed in clause with the heading payment of bills (same chapter), or in any other manner legally permissible and if it is found that the contractor was paid less than 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.

10.2 Provided that BSNL shall be entitled to recover any sum overpaid, nor the contractor shall be entitled to

payment of any sum paid short where such payment have been agreed upon between the divisional Engineer or his subordinate officer on one hand and the contractor on the other under any term of the contract permitting payment for work after assessment by the DGM Maintenance.

10.3 Any sum of money due and payable to the contractor (including security deposit returnable to him) under this

contract may be appropriate by the BSNL of the payment of a sum of money arising out or under any other contract made by the contractor with the BSNL.



11. 11. PAYMENT TERMS:

11.1 Procedure for Preparation and settlement of OFC Route/indoor Maintenance bills:

1. The contractor shall prepare the Monthly bills for maintenance activity undertaken for work under SOR in triplicate ensuring execution work in its Completeness, correctness of rates and quantum of work and summit the bills to Engineer- in-charge of work. The Engineer- in-charge shall record the certificate on the Monthly bill after scrutinizing the bills and summit the Monthly bills along with the documents as mentioned below to the Divisional Engineer, in-charge of work.

· Any Recovery for contractor’s fault.

2. Divisional Engineer shall exercise the prescribed checks on the bills and accord necessary certificates of the bills. The Divisional Engineer shall retain the third copy along with photocopies of documents and record it in the estimate file maintained in his office and send first and Second copies with all documents to relevant higher office for processing of bills and release of payment.

3. The office cell dealing with bills payment shall process the bill in the estimate file of the

concerned work and scrutinize the bills vis-à-vis Fault record register and certificates by Divisional in charge, sanctioned provisions in the estimate etc. The bill shall be passed, after necessary scrutiny by Works Section, by the officer competent to pass the bill. Statutory taxes (Income Tax etc.) applicable to contract shall be deducted at the time of payment from each Monthly bill.

4. Account payee cheque or RTGS payment for the amount passed in the bill willbe issued only after the contractor gives a stamped receipt for the amount, ifthe bills are not pre-receipted. Details of payment of all the bills shall beentered into contract’s ledger by Work Section of the Planning Cell

11.2 Procedure for Preparation and settlement of OFC improvement works (where a separate work

order is issued)

1. The work order issued may contain work to be executed in many patches of various natures as mentioned in SOR. 100% payment will be paid after completion of Patch work subject to commissioning of patch work and put to use to carry traffic on certification of BSNL Site- engineer.

2. Liquidated damages (LD) @ 0.5% per week subject to maximum of 10 % of the value of the

work will be levied beyond the time limit mentioned in the work order.



3. All material supplied / used and the work done by the contractor shall be guaranteed against the defective manufacture/workmanship for a period of 12 months. Cost of such defective material shall be recovered from subsequent bills or from P.B.G amount held (in case validity of contract is over).

4. The contractor shall prepare the final bill in triplicate & and submit the same to Engineer- in-

charge of work within 15 days of final acceptance and commissioning. The final bill shall be prepared for all items involved in execution of complete Patch work as per point no 1 above. The contractor shall prepare the final bill containing the following details:

¨ The bill for all the quantities as per Measurements at the approved rates ¨ Adjustment of performance security deposit and statutory taxes already recovered ¨ Store reconciliation statement furnishing account of stores received against the work order and

returned to the designated Store godown as surplus with requisite verifications from store in-charge of work.

¨ Letters of grant of E.O.T(s). If work could not be completed within stipulated time. ¨ Copy of Measurement book

5. The engineer- in-charge of work shall scrutinize the final bill against the works entrusted and

accord necessary certificates stating that the work has been executed satisfactorily in accordance with specifications and terms and conditions of the contract. The Engineer-in -charge shall verify the quantities of items of work with reference to measurements recorded in the measurement. The S.D.E. in-charge of work shall submit the final bills, along with other documents mentioned above, with the documents as mentioned hereunder to the Divisional Engineer, in-charge of work.

a. Bill prepared by the contractor. b. Material reconciliation statement. c. Measurement book. d. Details of recoveries/penalties for delays, damages to BSNL/Third party properties as per

provisions of the contract. In case no recovery is to be made. NIL report needs to be submitted. e. Details of empty cable drums cost which needs to be recovered from the bill.

6. The Divisional Engineer shall exercise the prescribed checks on the bills and accord necessary

certificates on the bills. The Divisional Engineer shall retain the third copy of the bill along with photocopies of other documents not available in his estimate file and send first and second copies of the bill, measurement book and other documents submitted by engineer-in-charge along with the bills as above to the higher office for processing and final payment.

7. The office cell dealing with OFC bills shall process the bill in the estimate file of the concerned

work and scrutinize the bill vis-à-vis work order issued sanctioned provisions in the estimate etc. The office cell shall also scrutinize the bill to recover all the liabilities of the contractor and



statutory taxes. The bill shall be passed, after necessary scrutiny by Works Section, by the officer competent to pass the final bill.

8. Account payee cheque or RTGS payment for the amount passed in the bill will be issued only

after the contractor gives a stamped receipt for the amount, if the bills are not pre-receipted. Details of payment of all the bills shall be entered into contract’s ledger by Work Section of the Planning Cell.

11.3 Procedure for payment for sub standard works: 11.3.1. The contractors are required to execute all works satisfactorily and in accordance with the

specifications. If certain items of work are executed with unsound, imperfect or unskilled workmanship or with materials of any inferior description or that any materials or articles provide by him for execution of work are unsound or of a quality inferior to that contracted for or otherwise not in accordance with the contract (referred to as substandard work hereinafter), the Divisional Engineer in-charge shall make a demand in writing specifying the work, materials or articles about which there is a complaint.

11.3.2. Timely action by Construction Officers: Timely reporting and action, to a great extent, can

prevent occurrence of sub standard work, which will be difficult or impossible to rectify later on. It is incumbent on the part of cost ruction Officers to point out the defects in work in time during progress of the work. The Junior Telecom Officer/ Sub Divisional Engineer is responsible for execution and supervision of work shall without any loss of time submit a report of occurrence of any substandard work to the

Divisional Engineer in-charge besides making an entry in the site order book. A notice i.e. respect of defective works shall be given to the contractor by Divisional Engineer in-charge in writing during the progress of work asking the contractor to rectify/replace/ remove the sub standard item of work and also definite time period within which such rectification/removal/replacement has to be done. After expiry of the notice period, of the contractor fails to rectify/ remove/replace the sub standard item, the defect shall be got rectified replaced/removed by BSNL or through some other agency at the risk and the cost of the contractor.

11.3.3. Non-reporting of the substandard work in time on the part of Construction Officer(s) shall

not in any way entitle the contractor to claim that the defects were not pointed out during execution and as such the contractor cannot be absolved of the responsibility for sub standard work and associated liabilities.

11.3.4. Authority and procedure to accept sub standard work and payment thereof: - There may be

certain items of work pointed out as sub standard which may be difficult to rectify and in the



opinion of the DGM (Maintenance), the items in question will not materially deteriorate the quality of service provided by the construction, DGM (Maintenance) shall appoint committee to work out the reduced rates payable to the contractor for such sub standard work. The committee shall constitute one Divisional Engineer other than the one who is directly in-charge of Cable Construction involving sub standard items of work, as Chairman and one S.D.E. and an Accounts Officer as members. The committee shall take into account the approximate cost of material/work pointed out as sub standard and recommend the rates payable for sub standard work, which shall not exceed 60% of the approved rates of the item in question.

11.3.5. Record of sub standard work: The items adjudged, as sub standard shall be entered into the

measurement book with red ink.

11.3.6 Rat prone Area:EI shall be followed for laying PCC above the PLB pipe.Between two pipe

joints PCC work wil be done to cover any gaps for rodent entry in the pipe.Both ends of this pipes in rat prone area must be sealed with adequate PCC work so make rodent entry difficult. Cement Concrete Mixture used should be of 1:2:4 Composition i.e. 1 Cement: 2 Coarse Sand, 4 graded Coarse Stone aggregate of 20 mm. nominal size.Portions where cement concreting have been done shall be cured with sufficient amount of water for reasonable time to harden the surface.

11.3.7 For part of Optical Fibre Cable whihcan not be made underground and has to be laid on Surface, Cable will be pulled inside suitable size (Medium Class) GI pipe.The pipe shall be secured at every 3MTR with suitable clamps and these clamps will be covered with PCC.Both ends of GI pipe shall be sealed with PCC to avoid entry of water and Rat.On the bridges and roads, whole GI pipe can be covered with PCC wherever possible.

12. DISPOSAL OF EMPTY CABLE DRUMS: 12.1 The contractor shall be responsible to disclose off the empty cable drums after laying of the cable.

The competent authority taking in to account the prevailing market rates has fixed the cost of Optical Fiber cable drums. The cost of empty cable drums shall be deducted from the bill for the work on which the cable along with the drum has been issued or any other amount due to the contractor or from security deposit.

12.2 Rates fixed for Optical Fiber cable drums are given in Tender Document (Quantifying Bid). The rates

are fixed and there is no percentage above or below applicable on these rates.

12.3 The contractor shall be responsible for the accounting of the cable drums issued and shall mention the number cable drums in the bill so that the amount is deducted from the bills due.

12.4 The contractor shall not be allowed to dump the empty cable drums in Govt/public place, which may

cause inconvenience to Govt/Public. If the contractor does not dispose of the empty cable drums within 3 days of becoming empty, the department is at liberty to dispose of the drum in any manner deemed fit and also recover the amount fixed in this contract for empty cable drums along with the transportation charges (to be decided by the DGM Maintenancefrom the bill/ security deposit/ any other amount due to the contractor.



13. PENALTY CLAUSE: 13.1. Delays in the contractor’s performance:

13.1.1The work schedule specified as per details in the scope of work shall be deemed to be the

most important aspect of the contract on the part of the contractor failing which Penalty as mentioned below shall be imposed forthe delay in fault restoration or non-compliance/deficiency in the improvement of OFC work covered under this maintenance contract:

Description of deficiencies Penalty Unavailability of Machine / sufficient manpower (for excavation) or patrolmen

Rs. 300/- for machine/ manpower and patrolmen per day over and above the SOR rate.

Failure or non availability of Transport / Vehicle Actual cost of hiring of vehicle + Rs. 300/- per trip

13.1.2 Over all limit of penalty:On any date the penalty payable as above reaches 10 (ten) percent of the estimated

cost of the work the contractor should proceed with the work further only on getting a written instructions from the Divisional Engineer that he is allowed to proceed further with the work. It will be in the discretion of the Divisional Engineer to allow the contractor to continue with the work.

13.1.3 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 or from the bills of any other contract of this contractor with BSNL. However, adjustment from the security deposit will be made only when contract has been terminated or at the time of final settlement of bills on completion of work.

13.1.4 In case of slow progress of the work in a section which have been awarded to a particular contractor, and the

public interest does not permit extension of time limit for completion of the work, the DGM Maintenance will have the full right to order that the scope of the contractor may be restricted to such fraction of the whole of the work and get the balance executed at the risk and cost of the contractor. The details are given in Rescission of the contract clause of the bid document. All such payments shall be recovered from the contractor’s pending bills/any payment or sum that is due or any sum that becomes due or security deposit

13.1.5 The Engineer in charge reserves the right to cancel the contract and forfeit the security deposit if the contractor

fails to commence the work within 7 days after issue of the work order.

13.1.6 Since this damage naturally arise in the usual course of things from the breach of contract when the contractor and the BSNL are aware of the consequences of the Clause relating to the Penalty, the clauses relating to (a) forfeiture of security deposit (b) rescinding of the contract and have the balance of tendered work executed by another agency at the risk and cost of the defaulting contractor have to be read together as one single whole and interpreted with reference to each other and their provisions.

13.2 Penalty for causing inconvenience to the Public: 13.2.2 To ensure progress during the execution of work and to cause minimum inconvenience to the public, the

contractor shall not dig a trench of more than 500 meters at a stretch in a route at a time. He shall cause to lay cable and close such trenches expeditiously. Under any circumstances a stretch of trench of maximum 200 meters shall not be kept open for more than 4 days in case of cable laying by digging paved surfaces. In the



event of contractor falling to comply with, these conditions, a penalty of recovery up to Rs 300/- per day for the period the trench is kept open beyond the time limit allowed may be imposed by the BSNL. This penalty will in addition to that payable for delay or slow work.

13.2.3 The contractor shall not be allowed to dump the empty cable drums/waste materials in Govt. /public place,

which may cause inconvenience to Govt. /Public. If the contractor does not dispose of the empty cable drums/waste materials within 3 days of becoming empty, the BSNL is at liberty to dispose of the drum in any manner deemed fit and also recover the amount fixed in the contract for empty cable drums/waste materials from the bills security deposit/ along with the costs incurred by the BSNL in disposing off such materials. The BSNL may also levy a penalty up to Rs One thousand for each such default.

13.2.4 If any such penalty is levied on a contractor for more than 2 occasions, then his/her contract could be

terminated. In this regard the decision of the DGM Maintenance shall be final and binding. 13.3 Penalty for cutting/damaging the existing cables of BSNL and the existing underground facilities of third

parties: - 13.3.2 During excavation of trench utmost care is to be taken by the contractor so that the existing underground cables

are not damaged or cut. IN-case any damage/cut is done to the existing cables, a penalty as per the schedule given below will be charged from the contractor or the amount will be deducted from his running bills:-

S.No Size of Damage charges as Cost of additional copper cable

Cable to prescribed in circular for each slab of 10 meter.

be dated 6.10.2003 (Variable Cost in Rs. Per slab of replace cable of length 10 meter) in pairs (a) (b)

1 5 7,500 4,500 2 10 7,500 5,000 3 20 7,500 5,000 4 50 10,000 5,500 5 100 10,000 6,000 6 200 20,000 7,000 7 400 20,000 11,000 8 800 40,000 13,000

9 1200 75,000 17,000

Size of existing UG/ OF cables cut/

damaged Amount of penalty per cut/ damage

Up to 100 pairs cable RS 500.00 (Five Hundred) Above 100 pairs & up to 400 pairs Rs 1000.00 (One thousand) Above 400 pairs Rs 2000.00 (Two thousand) Cable of any size above 1000 pairs Rs 50000.00 (Fifty thousand)



Size of existing OF cables cut/ Amount of penalty per cut/

damaged damage/Occasion O.F. Cable of any size of BSNLand Rs 1,50,000.00 (One Lac Fifty thousand)

Optical fiber cable or other cables of any private telecom operator or underground assets of any other

agency other than BSNL The amount claimed by the agencies as compensation and /or any penalty

Besides the above penalty, the contractor shall carry out such repairs for restoration of the damaged cable free

of charge. The cost of jointing kit shall also be borne by the contractor. If contractor fails to repair the damage, the cost of repair (including cost of labour + jointing kit) shall be recovered from the contractor.

13.3.3 Contractor shall either pay to third parties all expenditure incurred for restoring services which are damaged by

Contractor while carrying out the work or the same amount will be deducted from his bills. Such expenditure shall be intimated to Contractor either by Engineer-in-charge or concerned third parties in writing. The amount deducted by the Contractor from his bill shall be paid to concerned third parties by Divisional Engineer or Accounts Officer.

13.3.4 Engineer-in-charge at his absolute discretion shall reserve the right to reject any bill submitted by the Contractor

prior to making payment by him to third parties for the damages caused or to deduct same amount from his bill. 13.4 Penalty to damage stores/materials supplied by the BSNL while laying: 134.1 The contractor while taking delivery of materials supplied by the BSNL at the designated place shall thoroughly

inspect all items before taking them over. In case of execution of the work, if any material is found damaged/working unsatisfactorily, then a penalty equivalent to the cost of material + 10% as penalty shall be recovered from the contractor’s payments/securities.

13.4.2 However, contractor will not be penalized for any defect in workmanship of the materials, which shall be taken

up separately with the supplier of the stores. 14. Rescission/Termination of contract 14.1 Circumstances for rescission of contract: Under the following conditions the competent authority may

rescind the contract:

If the contractor commits breach of any item of terms and conditions of the contract. o If the contractor suspends or abandons the execution of work and the engineer in-charge of the work

comes to conclusion that work could not be completed by due date for completion or the contractor had already failed to complete the work by that date.

o If the contractor had been given by the officer-in-charge of work a notice in writing to rectify/replace any

defective work and he/she fails to comply with the requirement within the specified period.

o 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 behalf of a creditor shall be appointed if circumstances 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.



14.2 Upon rescission of the contract, the security deposit of the contractor shall be liable to be forfeited and shall be

absolutely at the disposal of the BSNL as under: 14.2.1 Measurement of Works executed since the date of last measurement and up to the date of rescission of contract

shall be taken in the presence of the contractor or his authorized representative who shall sign the same in the MB. If the contractor or his authorized representative do not turn up for joint measurement, the measurement shall be taken by the officer authorized for this purpose after expiry of due date given for joint measurement. The measurement taken by the officer so authorized shall be final and no further request for joint measurement shall be entertained.

14.2.2 The unused material (Supplied by the BSNL) available at site shall be transported back by the BSNL to the

Telecom Store at the risk and cost of the contractor. If any such material is found damaged/lost then the penalty shall also be recovered from the contractor as per conditions in Bid documents, ibid.

14.2.3 The un-executed work shall be got executed through the qualified bidder from amongst the bidders, who

participated in the bidding process, by giving the offers in their order of ranking (L-2, L-3...) at their quoted rates. If the work was awarded on single Bid basis then the BSNL shall get the unexecuted work completed through any other contractor approved in DGM (Maintenance) at the approved rates of that particular section or to execute the work through BSNL employed labours, as is convenient or expedient to the BSNL at the risk and cost of the contractor. In such a event no compensation shall be payable by the BSNL to the contractor towards any inconvenience/or that he may be subjected to as a result or such an action by the BSNL, In this regard the decision of GM (Maintenance) shall be final and binding. In all these cases, expenses which may be incurred in excess of the sum which would have been paid to the original contractor if the whole work had been executed by him shall be borne and paid by the original contractor and shall be deducted from any money due to him by the BSNL under the contract or any other account whatsoever anywhere in the BSNL or from a security deposit.

14.2.4 The certificate of the Divisional Engineer in-charge of work as to the value of work done shall be final and

conclusive against the contractor, provided always that action shall only be taken after giving notice in writing to the contactor.

14.2.5 In the event of any one or more of the above courses being adopted by the Engineer-in-charge, Contractor shall

have no claim to compensation for any loss sustained by him by reason of his having purchased or procured any materials or entered into, any engagements or made any advances on account or with a view to the execution of work or 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 Engineer-in-charge 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.

14.3 Termination for Insolvency: 14.3.1 The BSNL may at any time terminate the Contract by giving written notice to the Contractor, without

compensation to contractor, if the Contractor becomes bankrupt or otherwise insolvent as declared by the competent court provided that such termination will not prejudice or affect any right or action or remedy which has accrued or will accrue thereafter to the BSNL.

14.4 Optional Termination by BSNL (Other than due default of the contractor): 14.4.1 The BSNL may, at any time, at its option cancel and 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 prices for any additional expenses already incurred for balance work exclusive of purchases and/or whole of material, machinery and other equipment for use in or in respect of the work.



14.4.2 In the event of the termination of the contract, the contractor shall forthwith clear the site of all the contractor’s materials, machinery and equipment’s and hand over possession of the work /operations concerned to the BSNL or as the BSNL may direct.

14.4.3 The BSNL may, at its option, cancel or omit the execution of one or more items of work under this contract and

may part of such item without any compensation what so cover to the contractor.

14.4.4 The action of the Divisional Engineer as per the above sub-clauses shall not be construed as Breach of the contract.

14.5 Issuance of Notice 14.5.1 The Divisional Engineer in-charge of work shall issue show cause notice giving details of lapses, violation of

terms and conditions of the contract, wrongful delays or suspension of work or show progress to the contractor directing the contractor to take corrective action. A definite time schedule for corrective action shall be mentioned in the show cause notice. If the contractor fails to take corrective action within the stipulated time frame, the Divisional Engineer in-charge shall submit a draft of final notice along with a detailed report to the competent authority, which had accepted the contract.

14.5.2 The final notice for rescission of contract to the contractor shall expressly state the precise date and time from

which the rescission would become effective. The following safe guards shall be taken while issuing the final notice:

a) During the periods of service of notice and its effectiveness, the contractor should not be allowed to remove

from the site any material/equipment belonging to the BSNL. b) The contractor shall give in writing the tools and plants he would like to take away/remove from the site.

Such of the materials as belong to him and which may not be required for future execution of balance work may be allowed by the Divisional Engineer in-charge of work to be removed with proper records.

c) No new construction beneficial to the contractor shall be allowed. d) Adequate BSNL security arrangement in replacement of the contractor watch and ward shall be made

forthwith. Expenses on this account are recoverable from the security deposit or any amount due to the contractor.

14.5.3 "Any notice order or other communication sought to be served on the Contractor with reference to the contract

shall without prejudice to any other mode of service, be deemed to have been served if delivered by hand or sent by registered post to the office of Contractor at site or to the Contractor's head-office, while any notice or order or communications by the contractor to be served on Divisional Engineer with reference to the contracts shall be valid if same is served/delivered by hand or through registered post to the office of Divisional Engineer at his head quarters."

15. INDEMNITIES: 15.1 The contractor shall at all times hold the BSNL harmless and indemnify from against all action, suits,

proceedings, works, cost, damages, charges claims and demands of every nature and descriptions, brought or procured against the BSNL, its officers and employees and forthwith upon demand and without protect or demur to pay to the BSNL any and all losses and damages and cost (inclusive between attorney and diet) and all costs incurred in endorsing this or any other indemnity of security which the BSNL may now or at any time have relative to the work or the contractors obligation or in protecting or endorsing its right in any suit on other legal proceedings. Charges and expense and liabilities resulting from or incidental or in connection with injury, damages of the contractor or damage to property resulting from or arising 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 forthwith on demand without protect or demur all cost, charges and expenses and losses and damages otherwise incurred by it in consequences of any claim, damages and actions which may be



brought against the BSNL arising out of or incidental to or in connection with the operation covered by the contractor.

15.2 The contractor shall at his own cost at the BSNL’s 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.

16 FORCE MAJEURE: 16.1 If any time, during the continuance of this contract, the performance in whole or in part by either party or any

obligation under this contract shall be prevented or delayed by reason of any war, or hostility, acts of the public enemy, civil commotion sabotage, fires floods, explosions, epidemics, quarantine restrictions, strikes, lockouts or act of God (Herein after referred to as events) provided notice of happenings, of any such eventuality is given by either party to the other within 21 days 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 and work under the contract shall be resumed as soon as practicable after such event a may come to an end or cease to exist, and the decision of the BSNL as to whether the work have seen so resumed or not shall be final and conclusive, provided further that if the performance, in whole or part of any obligation 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.

16.2 Provided also that if the contract is terminated under this clause, the BSNL shall be at liberty to take over from

the contractor at a price to be fixed by the BSNL, which shall be final, all unused, undamaged and acceptable materials, bought out components and stores in the course of execution of the contract, in possession of the contractor at the time of such termination of such portions thereof as the BSNL may deem fit excepting such materials bought out components and stores as the contracts may with the concurrence of the BSNL elect to retain.

17. ARBITRATION: 17.1 In the event of any question, dispute or difference arising under this 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 Chief General Manager WTR, Mumbai 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 functions of the Chief General Manager WTR, Mumbai or by whatever designation such officers may be called (herein after referred to as the said officer) and if the Chief General Manager, WTR Mumbai or the said officer is unable or unwilling to act as such to the sole arbitrator or some other person appointed by the Chief General Manager, or the said officer, The agreement to appoint an arbitrator will be in accordance with the Arbitration and Conciliation Act, 1996. There will be no objection to any such appointment that the arbitrator is BSNL Servant or that he has to deal with matter to which the agreement relates 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 n the parties. In the event of such arbitrator to whom the matter is originally referred, being transferred of vacating his office or being unable to act for any reasons whatsoever such Chief General Manager or the said officer shall appoint another person to act as arbitrator in accordance with terms of the agreement and the person so appointed shall be entitled to proceed from the stage at which it was left out by his predecessors.

17.2 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 thereof for the time being in force shall be deemed to apply to the arbitration proceeding under this clause.

17.3 The venue of the arbitration proceeding shall be the Office of the Chief General Manager, WTR, Mumbai or

such other Places as the arbitrator may decide. The following procedure shall be followed:



17.3.1 In case parties are unable to reach a settlement by themselves, the dispute should be submitted or arbitration in accordance with contract agreement.

17.3.2 There should not be a joint submission with the contractor to the sole Arbitrator. 17.3.3 Each party should submit its own claim severally and may oppose the claim put forward by the other party. 17.3.4 The onus of establishing his claims will be left to the contractor. 17.3.5 Once a claim has been included in the submission by the contractor, a reiteration or modification thereof will be

opposed. 17.3.6 The “points of defense” will be based on actual conditions of the contract. 17.3.7 The Arbitrator shall not entertain claims in the nature of ex-gratia payments, as these are not contractual. 17.3.8 The question whether these conditions are equitable shall not receive any consideration in the preparation of

“points of defense”. 17.3.9 If the contractor includes such claims in his submission, the fact that they are not contractual will be

prominently placed before the Arbitrator. The award of the sole Arbitrator shall be final and binding on all the parties to the dispute. 18. SET OFF: Any sum of money due and payable to the contractor (including security deposit refundable to him) under the

contract may be appropriated by the BSNL or the govt. or any other person or persons contracting through the “Govt. of India and set off the same against any claim of the BSNL or Govt. or such other person or persons of payment of a sum of money arising out of this contract made by the Contractor with BSNL or Govt. or such other person or persons contraction through BSNL/ govt. of India.

(End of Section V)



SECTION VI

SPECIAL CONDITIONS OF CONTRACT

1. GENERAL: i. The BSNL reserves the right to disqualify such bidders who have a record of not meeting contractual obligations

against earlier contracts entered into with the BSNL. ii. 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. iii. The BSNL reserves the right to counter offer price(s) against price(s) quoted by any bidder. iv. 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 of relevant clauses of the bid documents. v. Bid will be evaluated as single package of all the items given in the price schedule. vi. All work to be executed under the contract shall be executed under the direction and subject to the approval in all

respects of the Divisional Engineer or Site 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 the time to time carried on.

vii. The work in each section may be split up between two or more contractors or accept any Bid in part and not

entirely if considered expedient by the DGMM.

viii. If the contractor shall desire an extension of time of completion of the work on the grounds of unavoidable hindrance in execution of work or on any other round he shall apply in writing to the Divisional Engineer within 7 days of the date of hindrance on account of which he desires such extension as aforesaid. In this regard the decision of the DGM M shall be final.

ix. 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 Bid is not required to be carried out, then the BSNL shall give notice in writing or the fact to the contractor who shall have no claim to any payment of compensation whatsoever on account of any profit or advantage 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, designs and instructions which shall involve any curtailment of the work as originally contemplated

x. Whenever any claims against the contractor for the payment of a sum of money arises out 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 BSNL promissory notes etc., forming the whole or part of such security or running/Final bill pending against any contract with the BSNL, 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 the contractor under this or any other contract with 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.

xi. No official of Gazetted rank or other Gazetted officer employed in Engineering or administrative duties in an

Engineering BSNL or any other BSNL of the BSNL of India is allowed to work as a contractor for a period of two years after his retirement from BSNL service without the previous permission of BSNL of India. This contract is liable to be cancelled if either the contractor of any of his employee is found at any time to be such person who



hadn’t obtained the permission of BSNL of India as aforesaid before submission of the engagement in the contractor’s service as the case may be. Under the above circumstances, such contractor shall not claim any type of relief or remedy of whatever nature from the BSNL for his illegal act.

xii. In the event of the contractor being, adjusted insolvent or going voluntarily into liquidation of having received

order or other order 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 shall have the power to terminate the contract with out any notice.

xiii. Without prejudice to any of the rights or remedies under this contract, if the contactor dies, the DGM Maintenance

on behalf of the BSNL can terminate the contract without compensation to the contractor. However the DGM Maintenance, at his 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 the DGM Maintenance shall be the final.

xiv. In the event of the contractor, winding up his company on account of transfer of 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 the contractor under this contract and be subject to his liabilities there under.

xv. Interpretation of the contract document: -

xvi. The representative of the DGM Maintenance and the contractor shall in so far as possible by mutual consultation, try to decide upon the meaning and intent of the contract document. In case of disagreement the matter shall be referred to the DGM Maintenance whose decision shall be final. Any change in the contract documents shall be set forth in writing by the representative of the parties hereto. It shall be the contractor’s responsibility to thoroughly familiarize all of his supervisory personnel with the contents of all the contract documents.

xvii. The Contractor shall be an independent Contractor and shall have complete charge of the men/women engaged in

the performance of the works to be performed hereunder and shall perform the work in accordance with this own methods and at his own risk subject to compliance with contract documents. The Contractor shall throughout the stipulated period of the contract execute the work in the best and most substantial workman like manner and both as regards material and otherwise in respect, in strict accordance with the contract document or such additional particulars, instructions and drawings as may be found requisite to begiven during carrying on of the works any unit 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 any employee that the Divisional Engineer/Site Engineer may for any reason object to.

xviii. Normally, construction work should be done during the day light hours only. i.e. so long as the natural light

permits good visibility. The work may continue during night hours only in rare cases and that too with prior concurrence of the Divisional Engineer. This Clause is introduced because the BSNL Staff would not normally be available during the night hours for supervision. It may also be difficult to locate cable/pipe lines etc. of other user agencies during night hours i.e. chances of other cables/pipe lines getting damaged are more during night hours and hence trenching work should not be continued beyond daylight hours and hence trenching work should not be continued beyond daylight hours.

1.2 Notification: 1.2.1 The contractor shall give in writing to the proper person or authority with a copy to the Divisional Engineer

such notification as may be mandatory of necessary in connection with the commencement, suspension, resumption, performance and /or completion of the contracted work. All notice shall be given sufficiently in advance of the proposed operation to permit proper co-relation of activities and contractor shall keep all proper persons or authorities involved and advised of the progress of operations through out the performance of the work and/or with such other information and/or supporting figure and data as may from time to time as directed or required.



1.3 Shut down on account of weather conditions: - 1.3.1 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 conditions or other Force majeure conditions.

2. STORES SUPPLIED BY THE BSNL: -

2.1. At no point of time, the contractor shall be issued stores of value more than the contractor’s performance security

as per clause number 5(i) of section V. If at all the work requires more amount of materials to issue to the contractor, then the security shall suitably be revised before the issue of the store and the contractor will not have any objection to it.

2.2. The contractor shall transport (including loading and unloading) all stores issued to him from Stores Location as

specified in Bid document, to the site of work at his own cost. The BSNL shall not pay any transportation charges to the contractor.

2.3. All materials supplied to the contractor by the BSNL shall remain the absolute property of BSNL, shall not be

removed from site of the work except for use in the work, and shall be at all times open to inspection of the Representative of the DGM Maintenance. In case the materials like cable 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 materials remaining unused at the time of the abandonment, completion or determination of the contract shall be returned to the BSNL at a place informed to him by the BSNL, failing which the cost of the unused materials shall be deducted from the contractor’s material security or any of his pending bills or from any other security.

2.4. The contractor shall be responsible for the transportation of store, storage and safe custody of all material

supplied to him by the BSNL, which in the contractor’s custody whether, or not installed in the work. The contractor shall satisfy himself regularly the quantity and quality of the materials supplied to him and he will be responsible for any subsequent deterioration and discrepancy (inclusive of theft) in the quantity/quality of the materials.

2.5. The contractor shall submit a proper account every month of all the materials supplied to him by the BSNL and

those consumed for items of work any discrepancy of difference between the materials issued to the contractor and those consumed in the work as per the “BSNL’s calculation” (which shall be final) will be charged to the contractor or deducted from his bills at 1.5 times of prevailing standard price including freight, handling charges, storage charges etc.

2.6. The contractor shall ensure that only the required materials are issued to him. Upon completion of work, the

contractor shall return to the Govt. at the later designated store in good condition, free of charges, any unused materials that were supplied by the BSNL.

3. EASEMENTS, PERMITS, LICENCES AND OTHER FACILITIES:

3.1. The contractor shall obtain/provide at his own cost all easements, permits and license necessary to do its work

including Right of Way / Way leave permission. The approved bidder shall obtain way leave permission (right of way) from the concerned road authorities, including permission for working from police/ District authorities. This will include the works of preparing the requisition for permission along with the necessary drawings as required by the highway authorities, get the same duly signed by the Divisional Engineer (Maintenance) in charge of the work, and submit the same to the road authorities. They shall peruse the case on a continuous basis and get the permission in the shortest time. The rate quoted for trenching shall also includethe charges for undertaking the work to get permission. No separate rates will be applicable for getting permission.

3.2 The contractor shall get the permission within 30 days of Letter of Intent (LOI). Thisintimation may also be conveyed telephonically or through telegram in order to reducedelay. The contractor shall forthwith start the



process of survey, preparation andsubmission of application on behalf of BSNL along with relevant drawings to theconcerned authority, co-ordination for getting permission.

3.3 In case the contractor fails to obtain the permission within the specified time of 30days, from the date of

intimation of the acceptance of tender (LOI), a penalty of will be imposed as per clause no. 13.1 of section V and deducted from the amounts due to the contractor, astime is the essence of the contract.

3.4 In cases the permission cannot be obtained within 30 days, due to reasons beyond the contractor’s ability, the

time frame can be further relaxed by 15 days or more by DGM, ifthe reasons are found to be genuine, without imposing of penalty.

3.5 The permission should be obtained in the most cost effective method for BSNL. Thecontractors should peruse

to get the least restoration charges, and get the lowest BTcutting charges. The permission shall be applied under the supervision of the SDE-incharge,and after satisfaction of the DE-in –charge.

3.6 The restoration charges shall be payable to the highways authorities directly by BSNLon obtaining the estimate

along with written permission; provided a) The rates are as per standard rates of the respective agency; b) The stretch of BT/ Berm are not more than the actuals. c) Width payable shall be for _ 60 cm only. Where the widths being charged bytherespective agency is higher, the approval of DGM shall be taken.

3.7. The contractor shall be fully responsible for angling and obtaining all necessary easements, permits and licenses,

for moving all construction equipment, tools, supplied materials and men across Railways and Highways, across public or private road as well as premises of any public utility within the right of user and for bearing all costs that may be incurred in respect of the same.

3.8. The contractor is to confine his operation to the provided construction “Right of User” unless it has made other

arrangement with the particular property owner and/or tenants such other arrangements shall be entirely at the responsibility of the, contractor as to cost and arrangement as also breach and claim and shall be entitled with a copy to the Divisional Engineer.

3.9. The contractor will not be entitled to extra compensation for hardship and increase in cost by the cable trench

being routed adjacent to or across other pipeline, Highways, Railways, telephones or pose poles and wires or guy wires, embankments, cliffs streams or other obstacles which may physically or otherwise in any manner, restrict or limit the use of the construction “Right of User”. Some construction and such contingency shall be deemed to have been providing for in the rates.

3.10. At location where the OF cable trench is routed across or along railways or roads the contractor shall without

extra cost provide and maintain such detours and road controls as are required by the railways or BSNL or local agencies having jurisdiction.

3.11. If the BSNL is not able to provide above mentioned permits etc. in time then the extension of time limit shall be

provided as per EOT clause given in Bid document.

3.12. Contractor shall keep at his own risk and responsibility all necessary documents as per sub Clause 3.1 above to do his work on site at all times, for inspection by representatives of BSNL or local bodies.

3.13. "The Engineer-in-charge at his sole discretion may reject without any compensation to the Contractor full or part

of such work done by the Contractor, the Contractor shall also pay all claims, demands and/or any other expenses arising out from such work done without obtaining necessary documents as per sub Clause above."

4. QUALITY OF WORK:

The BSNL shall be the final judge of the quality of the work and the satisfaction of the BSNL in respect thereof set forth in the contract documents. Laxity or failure to enforce compliance with the contract documents by the



BSNL and / or its representative shall not manifest a change or intent of waiver, the intention being that, notwithstanding the same, the contractor shall be and remain responsible for complete and proper compliance with the contract documents and the specification there in. The representative of the DGM Maintenance has the right to prohibit the use of men and any tools, materials and equipment, which in his opinion do not produce work or performance, meet the requirement of the contract documents.

5. TAXES AND DUTIES:

Contractor shall pay all rates, levies, fees royalties, taxes 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 contractor 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.

6. PROTECTION OF LIFE AND PROPERTY AND EXISTING FACILITIES:

6.1. The contractor is fully responsible for taking all possible safety precaution 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.

6.2. If the excavation of trench alters the contours of the ground around road and highway crossing in such locations

dangerous to traffic, the contractors shall at his own cost, take all necessary precautions to protect public and shall comply with all the BSNL regulations as to placing of warning boards (Minimum size 3’ x 2’), traffic signals, barricades, flags etc., at such location. The contractor shall take due precautions to avoid damages to other pipe lines, water mains, sewers, telephones, telegraphs and power conduits, laid wires poles and guy wires, railways, highways, bridges or other underground or above ground structure and/or property crossing or adjacent to the cable trench being excavated.

6.3. Attention of the contractor is drawn to the rules regarding laying of cables at road crossing, along Railways

Bridges, Highways safety precautions while working in Public Street. The contractor in writing shall obtain the detailed engineering instructions from the Divisional Engineer of the area.

6.4. The contractor shall be solely responsible for location through approved non-destructive means and ensuring the

safety of all existing underground pipeline, electrical cables, and or other structures.

6.4.1. "No diagrams, details and/or any other relevant documents anyway related with the existing and/or overhead pipe lines. Telecom cables, Electric cables and/or other structures will be provided by BSNL to the Contractor."

6.4.2. The contractor shall be solely liable for all expense 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 under take to indemnify the BSNL from and against all actions, cause of actions, damages, claims and demands what-so-ever, either in law or in equity and all losses and damages and costs (inclusive between attorney and client), charges and expenses in connection therewith and/or incidental thereto. The contractor shall take all responsibilities and risk in crossing other pipelines and cables and shall be responsible for protecting all such existing pipelines, poles, electric lines, sewers, cables or other facilities from damage by the contractor’s operation in connection with the work, The contractor without cost of the BSNL shall promptly repair any damage incurred.

6.5. The current market value of any commodities lost as a result of any damage to the aforesaid existing facilities

shall be paid by the contractor together with such additional sums necessary to liquidate the personal of property damages, resulting there from.

(End of Section VI)



SECTION VIII Fill Details while awarding the work

AGREEMENT (SAMPLE) Agreement No.------------------------------------------ Route Name : Jurisdiction of DE OFC Route Prabhadevi,Mumbai. The agreement made on this………………… day of (month)…………………… (Year)………………… between M/S …………………………………………………………………………………………. Herein after called “The Contractor” (which expression shall unless excluded by or repugnant to the context, include its successors, heir, executors, administrative representative and assignee) of the one part & the Bharat Sanchar Nigam Limited here in after referred to as the BSNL, of other part. Where as the contractor has offered to enter into contract with the said BSNL for the execution of work of trenching &pipe laying, OF cable pulling, OF cable Splicing and termination, Preparation of joint chambers, fixing, painting and sigh writing of route/joint indicators and other associated works in (the SSA/DET jurisdiction) on the terms and conditions herein contained and the rates approved by the BSNL (copy of Rates annexed) have been duly accepted and where as the necessary security deposits have been furnished in accordance with the provisions of the Bid document and whereas no interest will be claimed on the security deposits. Now these presents witness and it is hereby agreed and declared by and between the parties to these presents as follows. 1) The contractor shall, during the period of this contact that is to say from ………………….. (15 days after agreement date) to a period of one year(specify one year completion date) or completion of guarantee period for Rs………………………………… (Inwords) ………………………………………………………. whichever is later or until this contact shall be determined by such notice as is hereinafter mentioned, safely carryout, by means of labours employed at his own expenses and by means of tools, implements and equipment etc to be supplied by him to his labour at his own expensed, all trenching, pipe laying, cable pulling, cable splicing, joint chamber preparation, filing, painting and sign writing of route indicators and other associated works as descried in Bid documents (annexed to the agreement), when the BSNL or the DGM M or any other persons authorized by the DGM M in that behalf require. It is understood by the contractor that the quantity of work mentioned on the schedule is likely to change as per actual requirements as demanded by exigencies of service 7.2.5.1 The NIT (notice inviting tender), Bid documents (Qualifying and Financial), letter of intent, approved rates, annexed hereto and such other additional particulars, instructions, drawings, work orders as may be found requisite to be given during execution of the work shall be deemed and taken to be an integral part of the contract and shall also be deemed to be included in the expression “The Agreement” or “The Contract” wherever herein used. 7.2.5.2 The contractor shall also supply the requisite number of workmen with means & materials as wee as tools, appliances, machines, implements, vehicles for transportation, cartage etc. required for the proper execution of work within the time prescribed in the work orders. 7.2.5.3 The contractor hereby declares that nobody connected with or in the employment of the BSNL/MTNL/Dept. of Telecommunications/DTS is not/shall not ever be admitted as partner in the contract. 7.2.5.4 The contractor shall abide by the terms and conditions, rules, guidelines, construction practices, safety precautions etc, stipulated in the Bid document including any correspondence between the contractor and the BSNL having bearing on execution of work and payments of work to be done under the contract. 7.2.5.5 The Contractor shall abide by the any changes in the tender condition made during the validity of the contract period which do not has any financial bearing. In witness whereof the parties present have here into set their respective hands and seals the day in……………… Above written: Signed sealed & Delivered by the above named Contractor in the presence of. Witness: 1. 2. Signed & Delivered on behalf of the Bharat Sanchar Nigam Limited by the Witness : 1. 2.



B. SECURITY DEPOSIT: PERFORMANCE BANK GUARANTEE (In lieu of performance security deposit payable by the Contractor)

1. In consideration of the DGM M WTR, BSNL (hereinafter called ‘BSNL’) having agreed to exempt ___________________ (hereinafter called ‘the said contractor(s)’) from the demand under the terms and conditions of an agreement/Advance Purchase Order/ Contract Tender No ________________ dated ____________ made between _____________________ and __________________ for the supply/ work of _______________________ (hereinafter called “the said agreement ”), of security deposit for the due fulfillment by the said contractor (s) of the terms and conditions contained in the said Agreement, on production of the bank guarantee for _____________________________________we, (name of the bank) _________________________ ( hereinafter refer to as “the bank”) at the request of ___________________________________ (contractor(s)) do hereby undertake to pay to the BSNL an amount not exceeding ___________________ against any loss or damage caused to or suffered or would be caused to or suffered by BSNL by reason of any breach by the said Contractor(s) of any of the terms or conditions contained in the said Agreement. 2. We (name of the bank) ____________________ do hereby undertake to pay the amounts due and payable under this guarantee without any demure, merely on a demand from the BSNL by reason of breach by the said contractor(s)’ of any of the terms or conditions contained in the said Agreement or by reason of the contractors(s)’ failure to perform the said Agreement. Any such demand made on the bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee where the decision of BSNL in these counts shall be final and binding on the bank. However, our liability under this guarantee shall be restricted to an amount not exceeding ___________________________________. 3.We under take to pay to the BSNL any money so demanded notwithstanding any dispute or disputes raised by the contractor(s)/supplier(s) in any suit or proceeding pending before any court or tribunal relating thereto our liability under this present being absolute and unequivocal. The payment so made by us under this bond shall be valid discharge of our liability for payment there under and the contractor(s)/supplier(s) shall have no claim against us for making such payment. 4. We(name of the bank)_________________________ further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said agreement and that it shall continue to be enforceable till all the dues of the BSNL under or by virtue of the said Agreement have been fully paid and its claims satisfied or discharged and till the AO WTR BSNL,certifies that the terms and conditions of the said Agreement have been fully or properly carried out by the said contractor(s) and accordingly discharges this guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before (Date of expiry: __________________) the expiry of at leastOne YEAR (as specified in P.O/ Bid document) from the date hereof (the date of this document), we shall be discharged from all liabilities under this guarantee thereafter. 5. We (name of the bank)_________________________ further agree with the BSNL that the BSNL shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said Agreement or to extend time of performance by the said contractor(s) from time to time or to postpone for any time or from time to time any of the powers exercisable by the BSNL against the said Contractor(s) and to forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason of any such variation, or extension being granted to the said Contractor(s) or for any forbearance, act or omission on the part of the BSNL or any indulgence by the BSNL to the said Contractor(s) or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us. 6. This guarantee will not be discharged due to the change in the constitution of the Bank or the Contractor(s)/supplier(s). 7. We (name of the bank) ____________________ lastly undertake not to revoke thisguarantee during its currency

except with the previous consent of the BSNL in writing. Dated the ________________ day of _______ for __________________________________

(indicate the name of bank)



SECTION IX

LETTER OF AUTHORISATION FOR ATTENDING BID OPENING NIT Number & Date_____________________________________________________________________ Tender Number_________________________________________________________________________ Subject:Authorisation for attending bid opening on __________________________(date) in the tender of ________________________________________________________________________ Following persons are herby authorized to attend the bid opening for the Bid 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 authorized to sign the bid Documents on behalf of the bidder.

No. 1. Maximum of two representatives will be permitted to attend bid opening. In cases where it is restricted to one, first preference will be allowed. Alternate representative will be permitted when regular representatives are not able to attend. 2. Permission for entry to the hall where bids are opened may be refused in case authorization as prescribed above is not recovered.



SECTION X

LIST OF THE DOCUMENTS TO BE SUBMITTED ALONG WITH QUALIFYING BID

The tenderer will have to summit the following documents/deposits with the Technical Bid. All the pages of Bid Document and the Documents attached with the Bid must be Signed or Self Attested by the Bidder. Any bid not accompanying the below mentioned documents/deposits will be liable to be rejected; Please refer Eligibility Criterion Page 2.

1. Bid Security in accordance with the Bid document. 2. Bid document (s), in original, duly filled in and signed by Bidder or his

authorized representative along with seal on each page. All corrections and overwriting must be initialed by the Bidder or his authorized representative.

3. The copy of Experience certificate issued by the competent authority. 4. PAN card and the copy of past latest three income tax return certificates issued

by CA. 5. The registration of the firm (copy of partnership deed in cases of partnership

firm as the case may be.) 6. Bid Form, duly filled in, as per section II. 7. Bidder’s profile duly filled in, as per section III of the Bid document. 8. Original “Power of Attorney” in case person other than the Bidder signed the

documents. The power of attorney should be for specific work and not general power of attorney. Tender is liable to be rejected if power of attorney is not submitted accordingly.

9. EPF Registration 10. VAT Registration with sales tax commissioner 11. Service tax registration 12. ESIC registration 13. LabourLicence registration



SECTION XI

RATES OF EMPTY CABLE DRUMS

These are the rates of the empty cable drums, which have to be deducted from contractor’s bills as per tender document if cable pulling is to be carried out by the same contractor. Sl.no. Size of drum Rate of disposal 1. Optical Fiber cable drum 6F/12F/24F Rs.200 per empty cable drum



SECTION VII SCOPE OF WORK AND JURISDICTION OF CONTRACT

1. SCOPE OF WORK 2.

A.Trenching work for reinstatement of overhead cable.

The Optical Fiber Cable is laid through HDPE/PLB Pipes buried at a nominal depth of 165 cms. Contractor should visit DE office and get the details of section in which work is to be carried out from DE OF Route immediately on

award of work.The scope of work is as below: -

i. Obtain Right of way / way leave permission from Road/ Railway/ Municipal Corporation/ Local bodies/ Police/ other authorities etc., in the most cost effective manner as detailed

ii. Excavation of trench upto a nominal depth of 165 cms.According to Construction specifications along National/State Highways/other roads and also in city limits as mentioned in the notice inviting tender.

iii. Laying of HDPE pipes/PLB pipe coils coupled by HDPE sockets in excavated trenches, on bridges and subverts and sealing of pipe ends at every manhole by end caps of suitable size.

iv. Providing of mechanical protection by R.C.C. Pipes/GI pipes and/or concreting/chambering according to construction specifications, wherever required.

v. Fixing of GI pipes/troughs with clamps at culverts/bridges and/or chambering or concreting of G.I. Pipes/troughs, wherever necessary.

vi. Back filling and dressing of the excavated trenches according to construction specifications. vii. Opening of manholes for ensuring smooth passage for pulling the cable. Pulling of Optical Fiber Cable

with proper tools and accessories as per construction specifications. Sealing of both ends of the manholes to avoid entry of rodents into the pipes. Back filling and dressing of manholes.

viii. Digging of pit for construction of jointing chamber at approximately every two kilometers using bricks and mortar or fixing pre-cast jointing chamber, filling of jointing chamber with clean sand.

ix. This work is not new work but only replacement/rectification kind of work.Entire cable lay work may be split beween various locations under area DE Route.The trench work may be existing and a few cases new trench work.This tender has also provisioned for upcoming works for next three months.

B.Taking Earth pit for cable faults: Digging up to 1M x 1M x 2M (LxWxD) or till cable is open, two or three earth pits at one location anywhere in Kalyan SSA,Mumbai,Palghar and Thane District as requisioned by JTO/SDE/DE Route, clearing the of loose sand/water, identifying and pulling cable, assisting in laying cable either UG or OH cable and refilling these pit with loose soil, gravel and making good the same.

C.Taking pits for attending faults, losses of cable and partially breack attending work. Pits to be taken where existing joints are available which has to be made through and if necessary more pits if cable is unable to be pulled due to reasons like PLB/HDPE pipe damaged etc. a.Pit of size 1M X 1M X 1.5M (or till the depth of joint) b.Making through the cable through PLB pipe. c. Concreting 1mtr length for securing PLB pipe and cable. d. Refilling these pits with loose soil, gravel and making good the same. D.Routine OFC Maintenance work:

Under OFC Link cut condition the following activities shall have to be taken up by the contractor for the restoration of OFC cut fault which will be informed either to contractor or superintendent telephonically by Engineer-in-charge (SDE/JTO)

1.1.1. On receipt of information of faults the contractor or superintendent shall immediately arrange

the required machine/manpower with proper equipments for localization and excavation of



faults within an hour.

1.1.2. The engineer-in-charge shall carry the required manpower to the fault location as measured by OTDR in departmental vehicle or vehicle hired by BSNL. Accordingly, the contractor will carry out the job of localization of fault by carrying cross-pit and excavation of ends of OFC in all types of soil. Further the pulling of OFC cable from both ends, if feasible for splicing will be carried by provided manpower. Construction of jointing pits and backfilling of excavated trenches will also be carried out.

1.1.3. In case of OFC cut where it is not possible to pull the cable from either end, the contractor

has to make two pits/ splicing joints required length of OFC supplied by BSNL has to be put in between two joints. The spacing of joints/ pits shall be depending up on situation at site and shall be as decided by site Engineer. Remaining OFC has to be coiled in both the pits and backfilled. Further, joint FRP/RCC markers at each jointing pit have to be provided for identification of route as well as jointing pit. The precise joint locations so provided should be incorporated in the cable route plan also.

1.1.4. In case the site condition is not favorable for the immediate permanent restoration of the

fault, the temporary restoration of the OFC shall be taken up immediately as per the directives of site Engineer by erection and fixing of poles, stay or by tightening around existing erection, trees etc are taken up.

1.1.5. In case the departmental vehicle is not available or in the event of breakdown of departmental

vehicle or in the event of multiple faults in different direction, the Engineer-in-charge may ask the contractor for provisioning of vehicle for attending the faults. The engineer-in-charge may inform the contractor in anticipation of likely situation, six hours prior to actual requirement for vehicle. The contractor shall arrange the hard top vehicle like Tatasumo, Trax, SUV or MUV sufficient to carry manpoweralong with equipments to the fault location and back. Payment will be done as per kilometer wise utilization mentioned in SOR subject to minimum to and fro of 80 Kms and eight hours from BSNL office.

Restoration of fault within the specified time schedule is very important. The contractor shall arrange manpower and other logistics immediately but not exceeding one hour from the receipt of information about faults for routine maintenance work E. Provision of semiskilled workers :The contractor has to provide semiskilled worker for works like wiring, assisting mtce team in day to day job including any job like battery, P/P, system installation etc.The concerned DE will issue the work order giving a minimum of 1 day notice accordingly and the contractor has to provide the semi skilled worker. F.In case of ongoing work by department like NHAI, Municipal corporations, Nagar palikas, Railways, Urban Development Authorities etc or as part of pre monsoon preparation, BSNL may require some preventive maintenance work like shifting of OFC cable/joints to prevent probable damage to OFC cable and interruption of traffic. The contractor shall arrange sufficient manpower/machine and



logistics to complete the work as per directives of site engineer and payment will be given to contractor as per SOR G.Transporatation of Materials: BSNL will supply material for this work like cables,pipes,RI,SJCetc.The materials will have to be transported from designated point “A” to site where work is carried out.Designated point “A” will be indicated by Engineer-in-charge. Vehicle such as TATA 407/Tempo Traveller or any other vehicle in similar category shall be arranged by contractor.BSNL will try to give full load of material as far as possible.Contracor will have to arrange for loading of material at “A” and unloading it at site.Payment in KMS will be paid from “A” to site.In case any material is also loaded/unloaded in between these two points, additional KMS will be paid.

ALLIED ACTIVITIES:

Transportation of Materials: - The materials required for executing the work entrusted to the contractors against a work order shall be made available at location as specified in the Bid document. In some cases the materials may be available at sub-divisional store go-down. The contractor shall be responsible for transporting the materials, to be supplied by the BSNL or otherwise to execute the work under the contract, to site at his/their own cost. The costs of transportation are subsumed in the standard Schedule Rates and therefore no separate charges are payable on this account. Disposal of empty cable Drums:The contractor shall be responsible to dispose of the empty cable drums after laying of the cables. The cost of various sizes of empty cable drums recoverable from the contractor has been fixed taking into account the prevailing market rates as mentioned in this document. 1. Supply of Materials: - There are some materials required to be supplied by the contractor for execution of

works under this contract like bricks, cement, Wire Mesh and Steel for protection, etc. Normally RCC pipes, Weld Mesh, RCC Route Indicators and RCC splice chambers will be provided by BSNL; however Contractor will have to provide these materials in case BSNL does not provide them and BSNL orders contractor to supply these materials. Total Cost will be paid for the materials, in case BSNL fails to supply materials.

2. COST OF WORKS: The estimated cost of work is as mentioned in the Notice Inviting Tender, which has been worked out based on standard scheduled rates mentioned in this tender document. The actual value of work may vary based on the actual requirement but generally being limited to plus or minus 25% of the indicated/reflected value in tender.

JURISDICTION OF CONTRACT

The jurisdiction of DET OFC Route Mumbai covers the part of Kalyan SSA,Part of Palghar,Thane and Mumbai Suburban District. Fountain-Prabhadevi,Prabhadevi-Dahisar, Dahisar-Virar, Vasai-Virar,Virar-Manor, Manor-Talasari, Manor-Tarapur, Tarapur-Palghar, Tarapur-Dahanu, Dahanu-Charoti section

(End of Section VII)