section - i notice for expression of interest...

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SECTION - I NOTICE FOR EXPRESSION OF INTEREST

BHARAT SANCHAR NIGAM LIMITED (A Government of India Enterprise)

O/o General Manager Telecom District Telephone Exchange Campus, Awas Vikas Road,

Haldwani, Nainital, (UKD) - 263139

NO. : OP-4/Tender/E.A./AMC/GMTD/NT/2015-16 Dated 21-01-2016.

ON BEHALF OF CHAIRMAN AND MANAGING DIRECTOR, BHARAT SANCHAR

NIGAM LIMITED, EXPRESION OF INTEREST (EOI) ARE INVITED FOR “ANNUAL

MAINTENANCE & REPAIRING” AND “COMPREHENSIVE OPERATIONS &

MAINTENANCE”(AT SELECT FEW STATIONS) OF DG SETS AND SUPPORT IF ANY TO

TELECOM INSTALLATIONS IN EXCHANGE/BTS PREMISES SPREAD ACROSS NAINITAL

TELECOM DISTRICT COVERING NAINITAL, UDHAM SINGH NAGAR AND PART OF

CHAMPAWAT DISTRICTS IN UTTARAKHAND STATE. THE COMPANIES REGISTERED IN

INDIA UNDER INDIAN COMPANY ACT 1956 OR PROPERIOTRSHIP FIRMS HAVING

REGISTERED WITH GOVERNMENT FOR CONDUCTION OF SUCH BUSINESS, HAVING

SOUND FINANCIAL CAPABILITY AND HAVING SUCCESSFULLY EXECUTED INFRA

OPERATIONS & MAINTENANCE SUCH AS BATTERY/POWER PLANTS OR DG SETS

CONTRACT WITH ANY TELECOM SERVICE PROVIDER/ INFRA OPERATORS/ ANY

OTHER GOVERNMENT OR PRIVATE COMPANIES IN INDIA, ARE ELIGIBLE TO

PARTICIPATE IN THE EOI.

BID SECURITY IN THE FORM OF BANK GUARANTEE/ DEMAND DRAFT WILL BE RS 3,25,000/-(RUPEES THREE LAC TWENTY FIVE THOUSAND ONLY). INTENDING BIDDERS MAY DOWNLOAD COPY OF THE COMMERCIAL CONDITIONS ALONG WITH RELEVANT SPECIFICATIONS FROM THE BSNL WEB SITE NO <www.tenderwizard.com or

2-www.tenderwizard.com/BSNL 3-http://www.tender.bsnl.co.in >, ON PAYMENT OF RS 2270/-

(RUPEES TWO THOUSAND TWO HUNDRED SEVENTY ONLY) NON-REFUNDABLE, WITH EFFECT FROM ---------------------- THE PAYMENT WILL BE ACCEPTED IN THE FORM OF CROSSED DEMAND DRAFT DRAWN ON ANY SCHEDULED BANK , IN FAVOUR OF ACCOUNT OFFICER (CASH), BHARAT SANCHAR NIGAM LIMITED, O/o GM TELECOM DISTRICTS PAYABLE AT HALDWANI OR CASH RECEIPT ISSUED BY ACCOUNTS OFFICER(CASH) AGAINST RECEIPT OF PAYMENT.

http://www.tenderwizard.com/

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(A Govt. of India Enterprise)

Office of The General Manager Telecom, Nainital H.Q. at Haldwani –263141. Notice Inviting Tender

The General Manager Telecom District, Nainital, HQ-Haldwani invites e-tender on behalf of

BSNL. for “ANNUAL MAINTENANCE & REPAIRING” AND “COMPREHENSIVE

OPERATIONS & MAINTENANCE”(AT SELECT FEW STATIONS) OF DG SETS in Nainital SSA” from

reputed concerns. The details are given below:-

SALIENT DETAILS OF BID AND SCHEDULE OF E-BIDDING PROCESS Sl. No Item Particulars

1 Name of Tender ANNUAL MAINTENANCE & REPAIRING contract including

COMPREHENSIVE OPERATIONS & MAINTENANCE(AT SELECT

FEW STATIONS) OF DG SETS AND SUPPORT IF ANY TO TELECOM

INSTALLATIONS IN EXCHANGE/BTS PREMISES SPREAD ACROSS

NAINITAL TELECOM DISTRICT

.

2 Tender Notice Nos & Dates NO. : OP-4/Tender/E.A./AMC/GMTD/NT/2015-16 Dated 21-01-

2016.

3 Estimated Cost, Bid Security

(EMD) and Bid Cost

Area of

operation

Estimated Cost

in Rs/ per Year

Bid Security

(EMD) in Rs

Cost of Bid

Document in Rs

Nainital SSA 1,30,00,000/- 3,25,000/- 2270.00

4 Availability of tender document with

downloading and processing for

bidding.

1-www.tenderwizard.com or 2-www.tenderwizard.com/BSNL

3-http://www.tender.bsnl.co.in (Only for viewing and downloading

but no processing for bidding). Download from 22-01-2016

onwards

5 Date of receipt of queries form

bidders

30-01-2016 Up to 17.00 Hrs

6 Reply of queries by BSNL 06-02-2016 Before 17.00 Hrs

7 (a)Last Date of Submission of

Tender in electronic bidding (e -

bidding)

(b)Last date for submission of

Physical Copy of original EMD

and Tender Cost and copies of

other relevant documents as

mentioned in bid document.

(a) 10-02-2016 Time : 17.00 Hrs

(b) 11-02-2016 Time : 17.00 Hrs

8 Date & Time of Opening of e-

Tender (Technical Bid only)

12-02-2016 Time : 11.30 Hrs

http://www.tenderwizard.com/

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Note: In case the last date of submission/opening of bid are declared as holiday, last date of

submission/opening of bid will get shifted automatically to next working day at the same scheduled time.

Any change in bid submission/opening date due to any other unavoidable reasons will be notified through

the BSNL web site and/or e-Tender Portal and/or newspapers

SECTION II

INSTRUCTIONS TO BIDDERS

INTRODUCTION

1. DEFINITIONS

(a) "The BSNL" means the Bharat Sanchar Nigam Ltd. (BSNL), New Delhi

(b) "The Bidder" means the company who participates in this EOI and submits its bid.

(c) ”The Contractor" means the company supplying the goods and services under the contract.

(d) "The Goods" means all the equipment, machinery, and/or other materials which the Supplier is required to supply to the BSNL under the contract.

(e) "The Advance Work Order" means the intention of BSNL to place the work Order on the bidder.

(f) "The Purchase Order" means the order placed by the BSNL on the Supplier signed by the BSNL including all attachments and appendices thereto and all documents incorporated by reference therein. The purchase order shall be deemed as "Contract" appearing in the document.

(g) "The Contract Price/Value" means the price payable to the Supplier under the purchase order for the full and proper performance of its contractual obligations.

(h) The Delivery & Contract Period : Delivery Period is the period of the contract in which contractor has to complete the obligation of setting up of network for delivery of services. Contract period is the overall period of contract for Managed Capacity and Managed Services.

(i) Comprehensive Operations and Maintenance (COM) means upkeep, operations, servicing, repairing and maintenance of DG sets and other telecom installations installed at the station.

(j) DG Management- DG once handed over to the contractor has to be fully managed by contractor which include servicing, preventive maintenance and, repairing including replacement of parts if any found unserviceable after handing over DG by BSNL, during contract period. BSNL may ask contractor to perform operations & day to day upkeep of DG & station under DG Management contract. Replacement of parts etc does not include self replacement /up gradation by contractor but includes replacement/up gradation as per approval of BSNL.

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(k) CPH & Energy Cost Reimbursements- CPH Means Fuel Consumption Per Hour and Energy Cost Reimbursement is reimbursement of cost of diesel & electricity by BSNL towards operations of infra at site. This also includes fixed monthly charges for provision of EB at site.

(l) "Telecom Service Provider" means any Telecom operator in India, who is licensed by the Department of Telecommunications ( DOT ), Government of India to provide telecom services to the general public or to the other DOT licensed Telecom operators. "Telecom Service Provider" also refers to any Telecom operator in other countries providing telecom services to general public of that country or to other telecom operators of the same country.

2. INTENT OF BID

On behalf of Chairman and Managing Director, Bharat Sanchar Nigam Limited,

Expression of Interest are invited from eligible Indian companies, for AMC and

comprehensive operations & maintenance of Diesel Generator Sets of various

capacities starting from 10 KVA up to 63 KVAs installed at BSNL/NBSNL BTS

exchanges/stations of GSM/WCDMA network and getting EB connections (if

required) from UAL PCL, in Uttarakhand Telecom Circle. These sites are installed at

BSNL own building and/or rented land/building/houses and spread both in urban

and rural areas of Nainital Telecom Districts in Uttarakhand Telecom Circle. The

interested bidders shall have to perform:

2.1 Pre check of DG sets installed at various stations offered under contract and take

over all DG Sets in operational conditions at their optimum level. Deficiency at

minor or major levels if any found, shall be got corrected by contractor before taking

over DG Set under contract. However BSNL shall pay cost towards such

repairing/servicing.

2.2 DG sets once made over shall be under broad/ direct supervision of the contractor who shall perform all works related to routine servicing as per

schedule, perform minor repairing as per need and shall ensure that all DG Sets shall perform at optimum level.

2.3 BSNL shall ask contractor to perform operations of DG sets directly at some of designated stations. Here in this case contractor has to perform day to day support if any to station as per details given in below mentioned clauses.

2.4 Support if any to all installations at station & premises in clean and hygienic conditions including safeguarding same from approach /mishandling of intruders. This also includes escalation of alarms of infra and other

installations (not covered under maintenance contract) to designated BSNL authorities as per schedule of upkeep defined by BSNL from time to time.

2.5 BSNL, based on mutually agreed terms and conditions, may ask bidder to supply fuel (diesel & other lubricants) to operate DG sets as per need. Under these circumstances, BSNL shall reimburse cost of fuel as per Consumption

pattern and DG run hour decided at different stations. The decision on this shall be taken only after due approval from competent authority.

3. Eligibility Conditions.

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The bidder should have experience for successful execution and completion of COMPREHENSIVE

OPERATIONS & MAINTENANCE AMC OF DG SETS varying from 10 KVA to 75 KVA or more, work

contract with any Telecom service provider / Infra operators & of above related any other

Government or Private Companies in India/ ( up to period ending 31st March 2015)/ Central

Government and/or their PSUs and /or in BSNL/MTNL or in any Nationalized/Scheduled Banks

in anywhere in India as per details given below:

a. At least one similar completed work costing not less than the amount equal to 80% of

estimated cost of tender in any one financial year of last seven financial years.

OR

b. At least two similar completed works costing not less than the amount equal 50% of

estimated cost of the tender in each financial year of last seven financial years.

OR

c. At least three similar completed works costing not less than the amount equal 40% of

estimated cost of the tender in each financial year of last seven financial years.

Experience certificate should have been issued by an officer not below the rank of JAG level or

equivalent officer of Central/State Govt./PSU’s and/or by work order issuing authority of other

organizations. The experience certificate shall have clear indication of Name of Organization with

name/designation of issuing authority, complete postal address with telephone, fax/Email addresses

for verification purposes, if needed. If photocopy is being attached same should be self attested.

Any adverse comment from certificate issuing authority regarding authenticity of document

submitted by bidder, shall debar bidder for participation in tender and bidder shall be liable

for criminal proceeding as per rules in this regard.

II The bidder shall be submitted electrical licence along with bid .If electrical licence not available , at

the time of agreement bidder shall have to submit the proof of submission of request for electrical

License from state electricity board Uttarakhand and within three month after the agreement bidder

shall be submitted the electrical licence to AGM (Plg ) O/o GMTD Nainital

III Self attested Photo copy of PAN card.

IV Proof of the firm status: The self attested photo copies of:

a. in case of partnership firm authentic copy of registered Partnership deed.

b. in case of proprietor ship firm, affidavit in original from the proprietor of the firm that he is the sole

proprietor of the firm.

c. in case of company registered under Indian Companies Act copy of Certificate of Incorporation and

Memorandum of Association of the firm.

d. As the case may be for above.

V Annual financial turnover for each year during the last three years, ending 31st march of the previous

financial year, should be at least 30% of the estimated cost. Bidder shall submit Annual Audited Reports

highlighting P&L accounts and Balance Sheet in support of their turnover. Bidders with mere Charted

Accountant certificate on turn over shall be required to submit Audited Annual Reports against turn over

before signing of Agreement with BSNL, failing which their offer shall likely to be rejected & EMD shall

be forfeited irrespective of their price ranking.

VI Copy of EPF Registration certificate, if not registered, enclose an undertaking declaring that it will be

obtained on award of contract within one month from the agreement.

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VII Copy of ESI Registration certificate, if not registered, enclose an undertaking declaring that it will be

obtained on award of contract within one month from the agreement.

VIII . Copy of Service Tax registration certificate.

IX. The bidder should submit an undertaking that he has not been black listed OR debarred from

participation in Tender anywhere in BSNL/MTNL/ DOT/PSU.

X. Certificates from all Directors/Partners/Owners of the biding firm stating that none of their near

relatives are working in BSNL/BBNL .

XI . Original 'Power of Attorney' in case person other than bidder has signed the documents.

XII Cost of the Tender document.

XIII . For exemption of the EMD in case of MSMEs and NSICs, the necessary valid certificate is to be

enclosed.

XIV. Bid form, duly filled in and signed by authorized representative.

XV. Labour license for any of ongoing works, and if not available at the time of bid submission or

there are no ongoing works, enclose a declaration letter mentioning that labour license will

be obtained on award of contract within stipulated period.

XVI. Tender Document(s), in original, must be duly filled in and signed by bidder or his authorized

representative along with seal on each page. All corrections and overwriting must be signed

with date by the bidder or his authorized representative.

4. COST OF BIDDING

The bidder shall bear all costs associated with the 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 biding process.

5. DOCUMENTS REQUIRED

5.1 The bidding procedures and contract terms and conditions are prescribed in the Bid Documents. Bid document includes :

(a) Notice Inviting EOI

(b) Instructions to Bidders

(c) General(Commercial) Conditions of Contract

(d) Special conditions of Contract

(e) Schedule of Requirements

(f) Technical Specifications

(g) Bid Form and Price Schedules

(h) Bid Security Form

(i) Performance Security Bond Form

(j) Letter of authorization to attend bid opening.

5.2 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 the bids not substantially responsive to the Bid

Documents in every respect will be at the bidder's risk and may result in

rejection of the bid.

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6. CLARIFICATION OF BID DOCUMENTS

6.1 A prospective bidder, requiring any clarification on the Bid Documents shall notify

the BSNL in writing or by FAX addressed to AGM (P) O/o GM Telecom District, 2nd

Floor, Telephone Exchange, Awas Vikas Road, Haldwani, Nainital. The BSNL shall

respond in writing to any request for the clarification of the Bid Documents, which it

receives not later than 15 days prior to the date of opening of the EOIs. Copies

of the query (without identifying the source) and clarifications by the BSNL shall be

sent to all the prospective bidders who have received the bid documents.

6.2 Any clarification issued by BSNL in response to query raised by prospective bidders

shall form an integral part of bid documents and it may amount to an amendment

of relevant clauses of the bid documents.

7. AMENDMENT OF BID DOCUMENTS

7.1 At any time, prior to the date of submission of Bids, the BSNL may, for any reason,

whether at its own initiative or in response to a clarification requested by a

prospective bidder, modify bid documents by amendments.

7.2 The amendments shall be notified in BSNL website or in news papers writing or by

FAX to all prospective bidders on the address intimated at the time of purchase of

the bid document from the BSNL and these amendments will be binding on them.

7.3 In order to afford prospective bidders a reasonable time to take the amendment into

account in preparing their bids, the BSNL may, at its discretion, extend the deadline

for the submission of bids suitably.

8. DOCUMENTS COMPRISING THE BID

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

(a) Documentary evidence established in accordance with the clause 3 & 11 that the bidder is eligible to bid and is qualified to perform the contract if his bid is accepted.

(b) Bid Security furnished in accordance with clause 13(i).

(c) Compliance as per clause 12.1 (b)

(d) A Bid form and price schedule completed in accordance with clause 9 & 10.

9. BID FORM

The bidder shall complete bid form and Price Schedule furnished in the bid documents, as per Section VII.

10. BID PRICES AND PRICE SCHEDULE

10.1 Bidder shall pay cost of bid document as Rs. 2270/- only in the form of demand

draft drawn in favour of Accounts Officer (Cash), O/o GM TD Nainital, BSNL,

payable at Haldwani or pay cost in cash to BSNL Accounts Office and submit

original copy of cash receipt issued for this purpose.

10.2 All bids whether downloaded from BSNL website or purchased from BSNL Office

shall accompany the cost of bid document in the form of BDD or original cash

receipt issued from BSNL Accounts Office, as specified in the clause above.

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10.3 The bidder shall quote total composite price per month inclusive of all Levies &

Taxes for execution of contract, as per the price schedule given in Section VII. Prices

of incidental services if required, should also be quoted. The offer shall be firm in

Indian Rupees. No Foreign exchange will be paid by BSNL.

10.4 A bid submitted with an adjustable price quotation will be treated as non –

responsive and rejected.

11. DOCUMENTS ESTABLISHING BIDDER'S ELIGIBILITY AND QUALIFICATION

11.1 The bidder shall furnish, as part of the bid documents establishing the bidder's eligibility, the following documents or which ever is required as per terms and conditions of Bid Documents.

(i) Certificate of incorporation.

(ii) Article and Memorandum of Association

(iii) Copy of Partnership registered deed indicating liabilities of bidder and his/her partner in execution of business

(iii) Valid Registration certificate from State Director of Industries or from Secretariat for Industrial Approval (SIA), Ministry of Industries, Government of India.

(iv) Latest and valid NSIC Certificate duly certified by NSIC.

11.2 The Annual Reports duly audited by Registered Charted Accountants

11.3 (i) Experience Certificate from an Officer not less than Dy GM level or JAG level Officer of Government/ State/PSUs and/or General Manager Rank Officers from Private Companies

11.4 Valid registration certificate from Service Tax Department, EPF Registration Certificate from Labour Department and Valid PAN with proof on filing Income Tax Return for 2011-12.

12. DOCUMENTS ESTABLISHING CONFORMITY TO TECHNICAL SPECIFICATIONS

12.1 The documentary evidences of the conformity of the Goods and Services to the EOI, may be, in the form of literature, drawings, data etc. and the Bidder shall furnish :

(a) Detailed description of goods & services required to perform the contract with essential technical and performance characteristics;

(b) The compliance of techno-commercial eligibility of the terms, conditions and technical specification is sought through the following procedure:

(i) The Bidder shall demonstrate substantive responsiveness to the Purchaser’s technical specifications and commercial terms and conditions through a process of establishing non-material deviation/exceptions, solution and product documentation. The Bidder shall furnish an undertaking to the effect that it complies fully with requirements of the all the clauses, including those of the sub-clauses, if any, of the technical specifications and commercial terms and conditions of the EOI except those specifically listed in the deviation/exception statement.

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(ii) The Bidder shall submit a deviation/exception statement clearly bringing out the extent its offer deviates/excludes from the requirements of the Purchaser’s technical specifications and commercial terms and conditions. The deviations/exceptions shall be classified under three categories. A list of such clauses detailing the extent of deviation/exception shall be submitted as under:

(a) List-1: Clauses that are partially complied together with the extent of deviation. Timelines, if any, for full compliance may also be indicated.

(b) List-2: Clauses that are not complied presently, but are in the roadmap/under development and are proposed to be complied subsequently. Commitment by way of clear timelines shall be specified.

(c) List-3: Clauses that are not complied.

(iii) The deviations/exceptions indicated in the above lists shall be dealt as per the terms and conditions of the EOI.

(iv) The Bidder shall examine each and every clause including the sub-clauses, if any, of the technical specification and commercial terms and conditions of the EOI and shall evaluate its offer before reflecting the extent of non-compliance in the deviation/exception statement. The Bidder is required to comply with the technical specification, commercial terms and conditions of the EOI Document without any material deviation/exception.

13. BID SECURITY

13.1 (i) Pursuant to clause 8, the bidder shall furnish, as part of his bid, a bid security for an amount of Rs 3,25,000-/- (Rs Three Lac Twenty five thousand) ONLY. The bidders (small scale units) who are registered with National Small Scale Industries Corporation UNDER SINGLE POINT REGISTRATION SCHEME are exempted from payment of bid security.

• A proof regarding current registration with NSIC for the EOIed items will have to be attached alongwith the bid.

• The enlistment certificate issued by NSIC will not be permanent and should be renewed within two years of its presentation.

• The unit claiming concession of NSIC is required to submit its monthly turnover in support of its claim for meeting the delivery schedule.

(ii) If a vender registered with NSIC under single point registration scheme claiming concessional benefits is awarded work by BSNL and subsequently fails to obey any

of the contractual obligation, he will be debarred from any further work/ contract by BSNL for one year from the date of issue of such order.

13.2 The bid security is required to protect the BSNL against the risk of bidder's conduct, which would warrant the forfeiture of bid security pursuant to para 13.7.

13.3 The bid security shall be in the form of a bank Guarantee issued by a scheduled bank in favour of the BSNL i.e. Accounts Officer(Cash), O/o General Manager Telecom District Nainital BSNL Uttarakhnad Telecom Circle. Payable at Haldwani valid for a period of 180 days from the date of EOI opening.

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13.4 A bid not secured in accordance with para 13.1 & 13.3 shall be rejected by the

BSNL being non-responsive at the bid opening stage.

13.5 The bid security of the unsuccessful bidder will be discharged/returned as promptly as possible, but not later than 30 days after the expiry of the period of the bid validity prescribed by the BSNL pursuant to clause 14.

13.6 The successful bidder's bid security will be discharged upon the bidder's acceptance of the advance purchase order satisfactorily in accordance with clause 27 and furnishing the performance security.

13.7 The bid security may be forfeited under following conditions:

(a) If the bidder withdraws his bid during the period of bid validity specified by the bidder in the Bid form or

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

(i) to sign the contract in accordance with clause 28 or

(ii) to furnish performance security in accordance with clause 28.2.

13.8: The Bidder shall furnish an unequivocal, unqualified and irrecoverable

undertaking along with the Bid to the effect that;

“During the Bidding process ‘or’ during the course of execution of the Contract ‘or’

at any stage thereafter, if it is found that the Bidder has fraudulently

misrepresented any of the facts about the product/services etc being offered under

the EOI/Contract, the Purchaser (BSNL) shall be free to

claim a sum equivalent to damage as assessed by it subject to a maximum of the

value of total Contracted Value from the Bidder for such misrepresentation. The

Bidder shall immediately on being told by BSNL pay such sum of money to BSNL.

Quantum of damages under this clause assessed and levied by the Purchaser

(BSNL) shall be final and not challengeable by the Bidder/Supplier”

14. VALIDITY OF BIDS

14.1 Bid shall remain valid for 180 days from the date of opening of bids prescribed by BSNL. A bid valid for a shorter period shall be rejected by BSNL being non-responsive.

14.2 In exceptional circumstances, BSNL may request consent of the bidder for an extension to the period of bid validity. The request and the response thereto shall be made in writing. The bid security provided under clause 13 shall also be suitably extended. The bidder may refuse request without forfeiting his bid security. A bidder accepting request and granting extension will not be permitted to modify his bid.

15. BIDDING FORMAT AND SIGNING OF BID

15.1 There shall be two stages of bidding. In the first stage Techno-Commercial bids of the all bidders shall be opened and evaluated for techno-commercial compliances. In the second stage Financial bids of all bidders who have been found successful in Techno Commercial evaluations shall be opened. However, in order to have ease of bidding, bidders shall be required to submit both Techno-commercial Bid and Financial Bids together as per process defined in subsequent clauses.

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15.2 (i) The bidder shall prepare one complete set for techno commercial compliance and one set for financial compliance. The bid for techno- commercial compliance shall consists of techno Commercial bid document duly signed by bidder as acceptance for compliances and Bid security (EMD) of requisite amount in ORIGINAL. All relevant documents establishing bidders techno commercial capability and experience certificate etc as per eligibility conditions are also to be submitted with techno- commercial bid ..

(ii) Financial Compliance bid shall have price quotation as per Price Schedule given in section VII of the bid and shall be placed in an independent cover indicating Financial Bid.

15.3 The Bid shall be typed or printed and all the pages numbered consecutively and 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. All pages of the original bid, except for un-amended printed literatures, shall be signed by the person or persons signing the bid. The bids submitted shall be sealed properly.

15.4 The bid shall contain no interlineations, erasures or overwriting except as necessary to correct errors made by the bidder in which case such corrections shall be signed by the person or persons signing the bid.

15.5 (I) The power of Attorney should be submitted and executed on the non-judicial stamp paper of appropriate value as prevailing in the respective states(s) and the same be attested by a Notary public or registered before Sub-registrar of the state(s) concerned.

(ii) The power of Attorney is to be executed by a person who has been authorized by Board of Directors of the bidder in this regard, on behalf of the Company/institution/Body corporate.

(iii) In case bidder being a firm, the said Power of Attorney should be executed by all the partner(s) in favour of the said Attorney.

16. SUBMISSION OF e- BID DOCUMENT

16.1 (i) Bidders intending to participate in e-bidding process shall have to register with BSNL

authorized e-Tendering agency namely M/s ITI Limited through their website

www.tenderwizard.com and selecting BSNL from their home page.

(ii) On registration with ITI bidder shall be provided access to ITI e- Tender web portal for

accessing and down loading and uploading bid document. It may please be noted that

bidder can access and down load bid document but cannot participate in tendering

process without registering themselves with ITI e- tender portal.

16.2 For participating in e -Tendering process bidder shall access e-tender document uploaded on

the portal and pay requisite tender processing fee as defined for each tender as designated

window in the portal. Normally e-tender processing fee is 0.05% of estimated cost of each

block in tender subject to minimum Rs 500 and maximum Rs 5000 plus service tax (as

applicable).

16.3 The bidder shall also be required to pay cost of bid document and bid security as defined in

NIT. The details of payment particulars are to be filled in the prescribed format given in the

bid document and made accessible to bidder as basic information sheet in the web portal. In

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case payment of bid cost and EMD are made through BG/DD, Original copies of the

payment particular as mentioned in basic information sheet shall have to be submitted to

of AGM (Plg) O/o GMTD, Nainital, 2nd Floor, Telephone Exchange, Awas Vikas Road

Haldwani, Nainital on or before defined date in NIT. Bids without submission of original

copies of payment details up to prescribed dates, shall be rejected summarily.

16.4 (i) The bidder shall also be required to fill information and other details as defined in Technical

Eligibility Sheet and made accessible to bidder in web portal.

(ii) The bidder shall be required to upload scanned copies of mandatory documents as per bid

document and shall also be required to furnish basic information of their mandatory

documents in the electronic sheet mentioned above and defined at web portal.

As e- bidding is adopted recently in SSA, bidders may find it difficult to upload all or any of

mandatory document at the web portal. Accordingly Bidders may submit copies all mandatory

documents to AGM (Plg), O/o GMTD Nainital, 2nd Floor, Telephone Exchange, Awas

Vikas Road Haldwani, on or before defined date in NIT. However in this case BSNL shall

accept only those mandatory documents for which information had been provided in Technical

Eligibility Sheet available at web portal.

(iii) Basic Information sheet and Technical Eligibility Sheet shall be part of Technical bid

document and shall be uploaded along with Technical bid and general documents.

(iv) Price/financial bid shall be uploaded separately in respective link only and bidder shall

be required to upload required information in electronic form only. No hard copy of

price bid shall be uploaded in mandatory/general document. No hard copy of price bid is

required to be submitted to BSNL office.

17. SUBMISSION OF BIDS

17.1 Bids must be received by the BSNL at the address specified under para 16.3 not later than 13:30 hrs. on due date.

17.2 BSNL may, at its discretion, extend this deadline for the submission of bids by amending Bid Documents in accordance with clause 7 in which case all rights and obligations of BSNL and bidders previously subject to the deadline will thereafter be subjected to the deadline as extended.

17.3 The bidder shall submit his bid offer against a set of bid documents purchased by him for all or some of the systems/equipment as per requirement of the bid documents.

18. LATE BIDS

Any bid received by the BSNL after the deadline for submission of bids prescribed by the BSNL pursuant to clause 16.2(e), shall be rejected and returned unopened to the bidder.

19. MODIFICATION AND WITHDRAWAL OF BIDS

19.1 The bidder may modify or withdraw his bid after submission provided that the written notice of the modification or withdrawal is received by the BSNL prior to the deadline prescribed for submission of bids.

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19.2 The bidder's modification or withdrawal notice shall be prepared, sealed, marked and dispatched as required in the case of bid submission in accordance with the provision in clause 16. A withdrawal notice may also be sent by FAX but followed by a signed confirmation copy by post not later than the deadline for submission of bids.

19.3 Subject to clause 20, no bid shall be modified subsequent to the deadline for submission of bids.

20. OPENING OF BIDS BY BSNL

20.1 The BSNL shall open bids in the presence of bidders or their authorized

representatives who chose to attend, at 11:30 hrs on 12-02-2016. The bidder's

representatives, who are present, shall sign in an attendance register. Authority

letter to this effect shall be submitted by the bidders before they are allowed to

participate in bid opening (A Format is given in section X ).

20.2 A maximum of two representatives of any bidder shall be authorized and permitted

to attend the bid opening.

20.3 The bidder's names, Bid prices, modifications, bid withdrawals and such other

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

at the time of opening.

20.4 The date fixed for opening of bids, if subsequently declared as holiday by the BSNL,

the revised date of schedule will be notified. However, in absence of such

notification, the bids will be opened on next working day, time and venue remaining

unaltered.

21. CLARIFICATION OF BIDS

To assist in examination, evaluation and comparison of bids, BSNL may, at its

discretion ask bidder for clarification of its bid. The request for clarification and

response shall be in writing. However, no post bid clarification at initiative of

the bidder shall be entertained.

22. PRELIMINARY EVALUATION

22.1 BSNL shall evaluate bids to determine whether they are complete, any

computational errors have been made, required sureties have been furnished,

documents have been properly signed and whether the bids are generally in order.

22.2 Prior to detailed evaluation, BSNL will determine substantive responsiveness of each

bid to bid Document. For purposes of these clauses, a substantially responsive bid

is one which confirms to all the terms and conditions of the bid documents without

material deviations. BSNL's determination of bid's responsiveness shall be based on

the contents of the bid itself without recourse to extrinsic evidence.

22.4 A bid, determined as substantially non-responsive will be rejected by BSNL and

shall not subsequent to the bid opening be made responsive by the bidder by

correction of the non-conformity

22.2 The financial Bids of only those technical and commercial Bids that are determined

as substantively responsive shall be opened. The financial Bids of those technical

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and commercial Bids that are determined as substantively non-responsive shall be

returned to the respective Bidders unopened.

22.2 Arithmetical errors shall be rectified on the following basis. If there is a discrepancy

between unit price and total price that is obtained by multiplying unit price and

quantity, the unit price shall prevail and total price shall be corrected by BSNL. If

there is a discrepancy between words and figures, the amount in words shall

prevail. If bidder does not accept correction of errors, his bid shall be rejected.

22.3 BSNL may waive any minor infirmity or non-conformity or irregularity in a bid which

doesn't constitute a material deviation, provided such waiver doesn't prejudice or

effect relative ranking of any bidder.

23. EVALUATION AND COMPARISON OF SUBSTANTIALLY RESPONSIVE BIDS

23.1 The BSNL shall evaluate in detail and compare the bids previously determined to be substantially responsive pursuant to clause 22.

23.2 The evaluation and comparison of responsive bids shall be done on the basis of the prices offered, as indicated in the price schedule in the Sec.VI part II of the Bid-document.

23.3 Though the prices of optional items have been separately asked for, the cost

of Optional item shall be included for evaluation of the EOI, unless otherwise specified. BSNL reserves the right to extend the contract or not.

24. PLACEMENT OF ORDER

BSNL shall consider placement of orders for execution of contract on two successful bidders at approved rates in the ratio of 60/40 % as per their price ranking starting from L-1 bidder getting 70% of the quantity. However in case of non availability of eligible bidders or no bidding, BSNL may consider to award total work to successful L-1 bidder. The order shall be placed at evaluated & approved prices in respective cluster.

25. BSNL'S RIGHT TO VARY QUANTITIES

BSNL will have the right to increase or decrease up to 25% of the total contracted quantity in each cluster without any change in the unit price or other terms and conditions at the time of award of contract.

26. BSNL'S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS

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 whatsoever and without thereby incurring any liability to the affected bidder or bidders on the grounds of BSNL's action.

27. ISSUE OF ADVANCE WORK ORDER

27.1 The issue of an Advance Purchase Order shall constitute intention of BSNL to enter

into contract with the bidders.

27.2 Bidder shall be required to submit his acceptance and performance security within

14 days after acceptance of EOI. The performance security shall be furnished in the

form of bank guarantee issued from a nationalized bank, in the name of Accounts

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Officer(Cash), BSNL O/O General Manager Telecom District, Nainital Telephone

Exchange at Haldwani , amounting to 10% of the contracted value valid for 180

days beyond contract period of one years. In case contract is extended to further one

year bidder has to extend validity of PBG beyond 180 days of extended period of

contract.

28. SIGNING OF CONTRACT AND PERFORMANCE SECURITY

28.1 The issue of Purchase order shall constitute the award of contract on the bidder.

28.2 Upon the successful bidder furnishing performance security pursuant to clause 27, BSNL shall discharge the bid security in pursuant to clause 13.

29. ANNULMENT OF AWARD

Failure of the successful bidder to comply with the requirement of clause 28 shall constitute sufficient ground for the annulment of the award and the 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.

30. While all the conditions specified in the Bid documents are critical and are to be complied, special attention of bidder is invited to the following clauses of the bid documents. Non-compliance of any one of which shall result in out right rejection of the bid.

(i) Clause 16.1 of Section II : The bids will be recorded/returned unopened if covers are not properly sealed with 'PERSONAL SEAL' of the bidder.

(ii) Clauses 13.1, 13.3 & 14.1 of Section II : The bids will be rejected at opening stage if Bid security is not submitted as per Clauses 13.1 & 13.3 and bid validity is less than the period prescribed in Clause 14.1 mentioned above.

(iii) Clause 3 & 11 of Section II : If the eligibility condition as per clause 2 of Section II is not met and/or documents prescribed to establish the eligibility as per Clause 10 of section II are not enclosed, the bids will be rejected without further evaluation.

(iv) Clause 12.1 ( b ) of Section II :

(v) (vi) Section VII Price Schedule : Prices are not filled in as prescribed in price schedule.

31. BSNL reserves the right to blacklist a bidder for a suitable period in case he fails to honour his bid without sufficient grounds.

SECTION III

GENERAL (COMMERCIAL) CONDITIONS OF CONTRACT

1. APPLICATION

The general condition shall apply in contracts made by BSNL for execution of contract on managed capacity and managed services basis.

2. STANDARDS

The goods and services covered under the contract shall conform to the standards prescribed in the Technical Specifications mentioned in section VI.

3. PATENT RIGHTS

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The supplier 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.

4. PERFORMANCE SECURITY

4.1 All bidders (including small scale units who are registered with the National Small Scale Industries Corporation under Single point registration scheme) shall furnish performance security to the BSNL for an amount equal to 10% of the value of work order within 14 days from the date of issue of Advance Purchase Order by the BSNL.

4.2 The proceeds of the performance security shall be payable to the BSNL as compensation for any loss resulting from the bidder's failure to complete its obligations under the contract.

4.3 The performance security Bond shall be in the form of Bank Guarantee issued by a scheduled Bank and in the form provided in 'Section XI' of this Bid Document.

4.4 The performance security Bond will be discharged by the BSNL after completion of the supplier's performance obligations under the contract.

5. INSPECTION AND TESTS

5.1 BSNL or his representative shall have the right to inspect and test the goods and services as per prescribed test schedules for their conformity to the specifications. Where the BSNL decides to conduct such tests on the premises of the bidder 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.

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

6. DELIVERY AND DOCUMENTS

6.1 Delivery of the documents related to contract shall be made by the bidder in accordance with the terms specified by the BSNL in its schedule of requirements and special conditions of contracts, and the goods and services offered by the bidder to complete its obligations under the contract shall remain at the risk of the bidder as per provisions defined in special conditions of contract.

6.2 The delivery of the goods, services and documents shall be completed within one month from the date of commissioning of a network in a cluster.

7. TRAINING

7.1 The bidder shall provide training for the awareness of personnel deployed at BSNL premises on operations and maintenance and also upkeep of premises/ installations free of cost, so that obligations under tender is discharged successfully and effectively.

.

8. INCIDENTAL SERVICES

8.1 As contract also covers comprehensive operations & maintenance basis, bidder has to take care of all requirements in the field which may be needed in execution , operations and maintenance of the contracted project. This may include:

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(a) managing site survey for infra items installed and perform initial repairing to make all infra items operational at their optimum level.;

(b) managing contractual obligations in terms of hiring labourers for execution of contract

9. SPARES

9.1 The bidder shall maintain sufficient stock of spares so that DG performance and capacity are not compromised due to non availability of spares in field.

10. WARRANTY

10.1 As contract is on comprehensive basis. Infra items once handed over to bidder shall be under direct possession of the contractor and he shall be responsible for complete management of services from infra as defined in SLA.

11. PAYMENT TERMS

11.1 BSNL shall be making one time payment for repairing of infra items to perform at its optimum level. Thereafter it shall be monthly payment per site basis for operations and maintenance.

11.2 BSNL shall also be making payment towards energy charges as per CPH defined at the time of making over site to contractor ( if order in PO and/or later on included in scope of work)

11.3 Detailed terms & conditions are defined in clause number 13.0 of Special Conditions of Contract section IV.

12. PRICES

Prices charged by the bidder for execution of contract under the contract shall not be higher than the prices quoted by the bidder in his Bid.

13. CHANGES IN PURCHASE ORDERS

13.1 The BSNL may, at any time, by a written order given to a bidder, make changes within the general scope of the contract in any one or more of the following:

(a) change in cluster dimension or contracted capacity/quantity

(b) provisioning of more BTS in a given area of the cluster if required

13.2 If any such change causes an increase or decrease in the cost of, or the time

required for the execution of the contract an equitable adjustment shall be made in

the contract price or delivery schedule, or both, subject to provision that over all

contract period remains the same.

14. DELAYS IN THE SUPPLIER'S PERFORMANCE

14.1 Delivery of the Goods and performance of the services shall be made by the bidder in

accordance with the time schedule specified by the BSNL in its purchase order. In

case the roll out of the network is not completed in the stipulated delivery period, as

indicated in the Purchase Order, BSNL reserves the right either to short close

/cancel this purchase order and/or recover liquidated damage charges. The

cancellation/short closing of the order shall be at the risk and responsibility of the

bidder and BSNL reserves the right to get work completed by its own sources at the

risk and cost of the defaulting vendors.

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14.2 Delay by the bidder in the performance of its service delivery obligations shall render

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

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

default.

14.3 (i) If at any time during the performance of the contract, the bidder encounters

condition impending timely delivery of goods and service, bidder shall promptly

notify to the BSNL in writing the fact of the delay, its likely duration and its cause(s).

As soon as practicable after receipt of the bidder's notice, BSNL shall evaluate

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

(by not more than 20 weeks or as per provisions of clause 15, Section-IV) as per

provision given below :

(ii) In case extension is granted beyond 20 weeks then bidder shall submit

additional BG while seeking extension. For piecemeal items the amount of

additional BG shall be 1% of the value of balance quantity of items to be supplied

for which extension in delivery period has been sought. The additional BG shall be

valid for the period six months beyond extension of delivery period sought

(iii) If the vendor fails to deliver the pending obligations even during extended

delivery period then the PO shall be short-closed and the Performance Bank

Guarantee as well as additional BG shall be forfeited.

15. LIQUIDATED DAMAGES

15.1 The date of delivery of the goods and services stipulated in the acceptance of the EOI

should be deemed to be the essence of the contract and delivery must be completed,

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

exceptional circumstances. Should, however, deliveries be made after expiry of the

contracted delivery period, without prior concurrence of the BSNL and be accepted

by the consignee, such delivery will not deprive the BSNL of his right to recover

liquidated damage under clause 15.2 below. However, when delivery is made within

21 days of the contracted original delivery period, BSNL may accept the deliverables

and in such cases the provision of clause 15.2 will not apply.

15.2 (i) Should the supplier fails to deliver the EOIed obligations in full or part thereof

within the period prescribed and agreed for delivery, the BSNL, without prejudice to

other remedies available to the BSNL shall be entitled to recover, as agreed

liquidated damages for breach of contract, a sum equivalent to 0.5% of the value of

the pending deliverables for each week of delay or part thereof for a period up to 10

(TEN) weeks, and thereafter at the rate of 0.7% of the value of the delayed supply

and/ or undelivered project for each week of delay or part thereof for another TEN

weeks of delay. Pending deliverables means capacity of contracted erlang per month

which is pending for commissioning due to vendor reasons.

(ii) DP extension beyond 20 weeks would not be generally allowed. The extension

beyond 20 weeks may be decided in most exceptional circumstances on case to case

basis, by the CGM concerned stating reasons and justifications for grant of

extension of delivery period beyond 20 weeks.

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(iii)Quantum of liquidated damages assessed and levied by the BSNL and decision of

the BSNL thereon shall be final and binding on the bidder. Further the same shall

not be challenged by the bidder either before Arbitration tribunal or before the court

and. The same shall stand specifically excluded from the purview of the arbitration

clause, as such shall not be referable to arbitration.

(iv) The total value of the liquidated damages as per above sub-clauses shall be

limited to a maximum of 12% (Twelve percent) i.e. LD shall be levied upto 20 weeks

only as per provision at para (i).

(v) Deduction of LD amount shall be done from the payable amount of the

invoices raised against SS GSM network operating under the contract. LD

percentage shall be applied keeping delay and pending deliverables into account.

16. FORCE MAJEURE

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

in part by either party of any obligation under this contract is prevented or delayed

by reasons 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 (hereinafter 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 claim for

damages against other in respect of such non-performance or delay in performance,

and deliveries under the contract shall be resumed as soon as practicable after such

an event come to an end or cease to exist, and the decision of the BSNL as to

whether the deliveries have been so resumed or not shall be final and conclusive.

Further that if the performance in whole or part of any obligation under this

contract is prevented or delayed by reasons of any such event for a period exceeding

60 days, either party may, at its option, terminate the contract.

16.2 Provided, also that if the contract is terminated under this clause, BSNL shall be at

liberty to take over from the bidder 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 course of manufacture which may be in possession of the contractor at the

time of such termination or such portion thereof as the BSNL may deem fit, except

such materials, bought out components and stores as the contractor may with the

concurrence of the BSNL elect to retain.

17. TERMINATION FOR DEFAULT

17.1 The BSNL may, without prejudice to any other remedy for breach of contract, by

written notice of default, sent to the bidder, terminate this contract in whole or in

part

a) if the bidder fails to deliver any or all of the goods and services within the time

period(s) specified in the contract, or any extension thereof granted by the BSNL

pursuant to clause15;

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b) if bidder fails to perform any other obligation(s) under the Contract; and

c) if bidder, in either of the above circumstances, does not remedy his failure within

a period of 15 days (or such longer period as the BSNL may authorize in writing)

after receipt of the default notice from the BSNL.

17.2 In the event the BSNL terminates the contract in whole or in part pursuant to clause

18.0 the BSNL may get pending work completed by its own resources and bidder

shall be liable to the BSNL for any excess cost for such similar goods. However

bidder shall continue the performance of the contract to the extent not terminated.

18. TERMINATION FOR INSOLVENCY

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

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

otherwise insolvent as declared by the competent court provided that such

termination will not prejudice or affect any right of action or remedy which has

accrued or will accrue thereafter to the BSNL.

19. DISPUTE & ARBITRATION

19.1 Except where otherwise provided in the contract all questions and disputes relating

to the meaning of the specifications, designs, drawings and instructions herein

before mentioned and as to the quality of workmanship or materials used on the

work or as to any other question, claim, right, matter or thing whatsoever in any

way arising out of or relating to the contract, designs, drawings, specifications,

estimates, instructions, orders or these conditions or otherwise concerning the

works or the execution or failure to execute the same whether arising during the

progress of the work or after the cancellation, termination, completion or

abandonment thereof shall be dealt with as mentioned hereinafter:-

(i) If the contractor considers that he is entitled to any extra payment or

compensation in respect of the works over and above the amounts admitted as

payable by the BSNL or in case the contractor wants to dispute the validity of

any deductions or recoveries made or proposed to be made from the contract,

the contractor shall forthwith give notice in writing of his claim, in this behalf

to the GM Telecom District Nainital within 30 days from the date of

disallowance thereof for which the contractor claims such additional payment

or compensation or disputes the validity of any deduction or recovery. The

said notice shall give full particulars of the claim, grounds on which it is

based and detailed calculations of the amount claimed and the contractor

shall not be entitled to raise any claim nor shall the BSNL be in any way liable

in respect of any claim by the contractor unless notice of such claim shall

have been given by the contractor to the GM TD Nainital in the manner and

within the time as aforesaid. The contractor shall be deemed to have waived

and extinguished all his rights in respect of any claims not notified to the GM

TD Nainital in writing in the manner and within the time aforesaid.

(ii) GM TD Nainital shall give BSNL decision based on discussions and

decision taken in Network Governance Committee in writing on the claims

notified by the contractor within 30 days of the receipt of the notice thereof. If

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the contractor is not satisfied with the decision of the GM TD Nainital, the

contractor may within 15 days of the receipt of the decision of the GM TD

Nainital submit his claims to the conciliating authority named in Schedule F

for conciliation along with all details and copies of correspondence exchanged

between him and the GM TD Nainital

(iii) The party initiating conciliation shall send to the other party a written

invitation to conciliate. Conciliation proceedings shall commence when the

other party accepts in writing the invitation to conciliate. If the other party

rejects the invitation, or does not reply within thirty days from the date of

invitation, there will be no conciliation proceedings.

(iv) When it appears to the Conciliator that there exists element of a settlement

which may be acceptable to the parties, he shall formulate the terms of a

possible settlement and submit them to parties for their observation after

receiving the observations of the parties. He may reformulate the terms of a

possible settlement in the light of such observations. If the parties reach

agreement on settlement of the dispute, they may draw up and sign a written

settlement agreement. Parties may request the Conciliator to draw up or assist

them in drawing up the settlement agreement. Such settlement agreement

shall have the same status and effect as if it were an arbitral award on agreed

terms on the substance of the dispute rendered by an arbitral tribunal under

section 30 of Arbitration and Conciliation Act, 1996. If a settlement does not

appear possible, the Conciliator, after consultation with the parties will give a

written declaration that further efforts at Conciliation are no longer justified

and the conciliation proceedings are terminated.

(v) When conciliation proceedings have become in fructuous or have been

terminated, the party, which initiated the Conciliation shall, within a period of

30 days of termination thereof shall give a notice, in the form prescribed by

the BSNL, to the Chief General Manager Telecom, Bharat Sanchar Nigam

Limited, Uttarakhnad for appointment of an arbitrator to adjudicate the

notified claims failing which the claims of the contractor shall be deemed to

have been considered absolutely barred and waived.

(vi) Except where the decisions have become final, binding and conclusive in

terms of the contract, all disputes arising out of the notified claims of the

contractor as aforesaid and all claims of the BSNL shall be referred for

adjudication through the arbitration by the sole arbitrator appointed by the

Chief General Manager Telecom, Bharat Sanchar Nigam Limited,

Uttarakhnad. It will also be no objection to any such appointment that the

arbitrator so appointed is a BSNL Employee and that he had to deal with the

matters to which the Contract relates in the course of his duties as BSNL

Employee. If the arbitrator so appointed is unable or unwilling to act or

resigns his appointment or vacates his office due to any reason whatsoever,

another sole arbitrator shall be appointed in the manner aforesaid by the said

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Chief General Manager Telecom. Such person shall be entitled to proceed with

the reference

19.2 It is a term of this contract that the party invoking arbitration shall give a list of

disputes with amounts claimed in respect of each dispute along with the notice for

appointment of arbitrator.

19.3 It is also a term of this contract that no person other than a person appointed by

such Chief General Manager Telecom, Bharat Sanchar Nigam Limited or the

administrative head of the Bharat Sanchar Nigam Limited as aforesaid should act as

arbitrator and if for any reasons that is not possible, the matter shall not be referred

to arbitration at all.

19.4 The conciliation and arbitration shall be conducted in accordance with the

provisions of the Arbitration & Conciliation Act 1996 or any statutory modification

or re-enactment thereof and the rules made there under and for the time being in

force shall apply to the arbitration proceeding under this clause.

19.5 It is also a term of this contract that the arbitrator shall adjudicate on only such

disputes as are referred to him by the appointing authority and give separate award

against each disputes and claim referred to him. The arbitrator shall give reasons

for the award for each dispute referred to him. It is also a term of the contract that if

any fees are payable to the arbitrator these shall be paid equally by both the parties.

19.6 It is also a term of the contract that the arbitrator shall be deemed to have entered

on the reference on the date he issues notice to both the parties calling them to

submit their statement of claims and counter-statement of claims. The venue of the

arbitration shall be such place as may be fixed by the arbitrator in his sole

discretion. The fees, if any, of the arbitrator shall, if required to be paid before the

award is made and published, be paid half and half by each of the parties. The cost

of the reference and of the award (including the fees, if any, of the arbitrator) shall

be in the discretion of the arbitrator who may direct to any, by whom and in what

manner, such costs or any part thereof, shall be paid and fix or settle the amount of

costs to be so paid.

19.7 The venue of the arbitration proceeding shall be the office of the Chief General

Manager Telecom, Bharat Sanchar Nigam Limited, Uttarakhnad Circle or such other

places as the arbitrator may decide.

19.8Any party shall not use any information obtained from other party during the course

of dispute resolution process under this clause for any purpose other than to resolve

the dispute and such information shall not be used in any litigation.

20.0 TERMINATION OF CONTRACT

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If contractor does not perform satisfactorily as per SLA defined, consistently over a

period of three months, BSNL reserves the right to terminate contract in a given

cluster by giving two months notice to contractor.

On termination of contract, contractor shall be responsible for making over all infra

items to BSNL in working conditions without any cost and he shall also be

responsible for settlement of all dues towards different agencies engaged for execution

of subcontracts in that cluster. In case BSNL finds that some of infra item is not

functional then prices offered to make similar infra item functional or actual cost of

repairing for infra item to make it functional, whichever is higher, shall be recovered

from pending bills/PBG of the contractor. Further, if there are certain dues, pending

towards some agencies, these shall be retained on face value of complaint if any

received in this regard, However settlement of all dues shall be responsibility of the

contractor only. The retained amount shall be released after getting written

confirmation for receipt of dues from complainant.

21.0 SET OFF

Any sum of money due and payable to the bidder (including security deposit refundable to him) under this contract may be appropriated by the BSNL or the BSNL or any other person(s) contracting through the BSNL and set off the same against any claim of the BSNL or BSNL or such other person or person(s) for payment of a sum of money arising out of this contract or under any other contract made by the supplier with the BSNL or BSNL or such other person(s) contracting through the BSNL.

22.0 COURT JURISDICTION

(i) Any dispute arising out of the EOI/bid document/ evaluation of bids/issue of APO shall be subject to the jurisdiction of the competent court at the place from where the NIT/EOI has been issued.

(ii) Where a contractor has not agreed to arbitration, the dispute/claims arising out of the Contract/PO entered with him shall be subject to the jurisdiction of the competent Court at the place from where Contract/PO has been issued. Accordingly, a stipulation shall be made in the contract as under.

“This Contract/PO is subject to jurisdiction of Court at Nainital only”.

*****

SECTION IV

SPECIAL CONDITIONS OF CONTRACT

1. The special conditions of contract shall supplement the 'Instructions to the

Bidders' as contained in Section II & "General (Commercial) Conditions of the

Contract" as contained in Section III and wherever there is a conflict, the provisions

herein shall prevail over those in Section II and Section III.

2. (i) The bank guarantee for bid security or NSIC certificate for claiming exemption from

submission of bank guarantee against bid security, as prescribed in clauses 13.1 &

13.3 of Section II of the bid document. The bank guarantee so submitted shall be as

per the format given in Section XI on prescribed judicial paper with stamps of proper

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value and should contain full address of the issuing branch of the bank with its

telephone number and FAX number. This cover should be super scribed as "BID

SECURITY FOR EOI No OP-4/Tender/E.A./AMC/GMTD/NT/2015-16/1 issued

on 21-01-2016.

3. Small scale industries registered with National Small Scale Industries

Corporation(NSIC) for the EOIed item under single point registration scheme and

desirous of claiming concessions available to such units inclusive of bid security

should submit their latest NSIC certificates and documents in respect of their

monetary limit and financial capability duly certified by NSIC.

4. BSNL intends to limit the number of technically and commercially responsive

bidders to one from the list of such bidders arranged in increasing order of their

evaluated prices starting from the lowest for the purpose of ordering against this

EOI.

5. Validity of Bid & Contract:

5.1 The rates quoted in the bid shall be valid for a period of minimum 180 days from

the date of opening of bid/ submission of EOI document to BSNL.

5.2 The contract shall be valid for a period of one year from the date of signing of agreement with BSNL, extendable to further one year on

same agreed terms and conditions. However in case of exigencies BSNL may offer for extension of period upto maximum six months beyond valid contract period (one years) on the terms and conditions of existing contract .

6. Scope of Work : Scope of work broadly covers following two items:

6.1 Comprehensive repair and maintenance of Diesel Generator Sets of various

capacities and make varying from 15 KVA to 63 KVA, and general support if any to

premises including all its installations at designated BSNL stations given in Section

V.

6.2 Performing routine maintenance as per schedule and repairing for the major

breakdown or problem if encountered in DG sets under contract at any station.

6.3 These Generator sets are installed at BSNL/NBSNL Telephone Exchanges/BTS

sites in Nainital Telecom District spread in Nainital, Udhamsingh Nagar and Part of

Champawat Districts (bordering UP upto Tanakpur) of Uttarakhnad Telecom Circle .

Further broad illustrations of various methodologies under above scope of contract

are given below.

6.4 BSNL shall offer DG Sets installed at various stations on ‘as is where is basis’.

Contractor has to carry out a detailed survey for taking over DG sets and sites ( if

covered under support work) . Problems if any identified at any station in DGs and

or infra items shall be clearly listed down and shall be verified by concerned site

incharges counter signed by area DET within three weeks of date of issue of work

order.

6.5 The DG control panel installed at the station shall also be part of DG annual

maintenance contract.

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6.6 BSNL shall examine requirement at each site and shall accord approval for

repairing/ corrective actions to be taken up by contractor, within two weeks of

submission of report for each site.

6.7 Contractor shall perform repairing/corrective actions at respective site and shall

make DG Sets operational to their optimum level, maximum within four weeks from

the date of approval by BSNL at each site.

6.8 The Delay in rectification of faults identified and approved by BSNL shall invite

penal action as per provisions in penalty clause number 11.10.4, 11.10.5 & 12.3 of

Section IV.

6.9 Stations which are covered under COM & support shall be handed over to the

contractor for further operations and execution of work under the contract.

Contractor shall be solely responsible for performance of routine maintenance as per

schedule, repairing of faults if any occurred during operations of DG sets and

support at station as defined in the clauses below.

6.10 Stations which are not covered under above provisions and are covered with

maintenance and repairing contract shall continue to be operated by BSNL by its

own resources. However contractor has to perform preventive maintenance of DG

sets as per schedule and shall have a broad supervision on working of DG sets to

ensure that no unwanted faults are generated due to poor maintenance, bad upkeep

and/or bad operation practice. In case of such items are noticed, contractor shall

inform in writing to concerned site incharge of BSNL with a copy to concerned DET

and DGM (P) at Haldwani. Failure of contractor to inform BSNL designated

authorities may bring contractor’s responsibility in correcting faults without any

cost to BSNL. Further contractor has to carry out corrective action to set right

problem.

6.11 BSNL shall be supplying consumables for servicing (only lubricants but no filters or

parts etc) and diesel for operations of DG sets.

6.12 Under support work contractor has to ensure proper cleanness and hygienic

ambience in surrounding/inside campus including equipment, power, battery and

other rooms. Contractor has also to ensure safe guarding of all installations inside

the campus.

6.13 Under support contractor has to escalate alarms of infra & other items not covered

under maintenance contract, to the designated BSNL authorities as per matrix

defined by BSNL for various station.

6.14 Contractor shall also ensure that infra alarms for DG sets as defined in bid or

subsequently by BSNL are extended from each BTS location to OMCR at BSC

Locations. Accordingly contractor has to lay alarm cables and sensors for sensing

alarm of DG Sets and make arrangements for extending them through existing BTS

or alarm extension system if installed at the station. Material in this regard shall be

provided by BSNL.

6.15 Contractor shall ensure that alarms once extended shall remain operational

throughout the period of contract and failure if any, has to be set right maximum

within 24 Hrs of reporting to the contractor.

6.16 Contractor has to provide escalation matrix for escalation of various problems on

contracted items by BSNL. There shall be provision of contact persons with

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telephone number and E mail addresses where in BSNL shall escalate problems to

the contractor.

6.17 Day to day operation of DG sets and maintenance of DG sets along with associated

equipment i.e. control panel,12 V electrical charger to ensure that DG set and all

associated parts perform as per manufacturer specification.

6.18 Contractor shall also to ensure that all major repairing along with spares etc of DG

sets & associated equipment shall perform by contractor without any additional

cost.

6.19 The staff deployed foe operation may be asked to extend support to BSNL for any

other minor work if required at the station or in its service area without any

additional cost.

6.16 “Operations ”

Operations mean day to day operations of all DG sets as per operation schedule for each item, upkeep and safe guard of all installations (active & passive including tower, lights & other campus utilities) in good conditions.

Operations also include check of alarms defined at the station and raising the

same as per escalation matrix decided at the time of agreement. Further, there shall be maintenance of log books of various operations and any activity being performed at the station.

6.17 Maintenance Services”: means service, supervision, routine checks, routine

repairs, preventive maintenance, break down repair & maintenance of DG Sets at site .

6.18 “Repair Work”

The Contractor shall ensure that all DG Sets along with associated parts i.e. control panel, contactor switch etc listed are repaired as per the manufacturer’s recommendation. All the equipments are designed for long life. Contractor shall arrange for required preventive maintenance activities of DG sets during course of the contract. Any damage to the DG set due to deficiency in maintenance of the DGs shall be determined by GM TD or his designated officer and it shall attract compensation to be recovered from the contractor to make DG good or full replacement of DG set. The decision of GM TD Nainital shall be final & binding in this regard.

6.19 Where the DG sets are in comprehensive Operation & Maintenance . The work force deployed at that station by contractor have to performed any other support

required by BSNL. 7.0 Fault Escalation & Resolution Process 7.1 There shall be escalation facilities for any problem encounter at site by DG

operator and/or site upkeep persons starting from site incharge to the Head in Telecom District and Cluster Head of the contractor. Here cluster means Division Level

7.2 Fault, if any, shall be communicated through SMS/ telephone/ e-mail/fax by BSNL. Fault once communicated by any mode of communication shall be deemed

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to have registered in contractor account and time for resolution shall start immediately thereafter. However, for record purposes such faults shall be recorded in web based tool/or any other tool developed by BSNL with clear indication of time and date of previous communication if any.

7.3 The resolution team shall be accessible on mobile numbers and E- Mail.

Additionally there shall be at least one telephone line at Cluster level where fault log in can be done in case other sources are not accessible. Mobile number and email shall be available 24 hours a day on all days in a year.

7.4 The fault booking shall be done on web-based tool/ or any other mechanism

devised for this purpose which will be accessible to the Cluster Head/ BSNL Site incharges. BSNL designated officials/officers shall log fault in web booking tool which shall be accessed, attended in field and thereafter recorded in fault log system for information and acceptance of fault clearance by filed unit.

7.5 The log of web based tool/ fault log tool shall be taken as reference while

settlement of monthly bill. As such it shall be essential that

8 General assumptions and conditions 8.1 For discharging O&M activities as per defined O&M procedures Contractor should

have technical and managerial expertise in managing multi vendors Infrastructure equipment.

8.2 The intent of this document is to define the generic requirements. The generic

requirements only define a broad scope of activities. The Contractor is expected to do the detailing for all activities involved. If any activity / sub-activity is required to be performed to meet the SLA and which is not a part of the generic requirement the same shall be assumed to be covered as a part of the Contractor Scope of Work whether explicitly mentioned or not.

8.3 In this document we have provided the details of major DG infrastructure elements only. Contractor shall manage the entire major, minor and other ancillary infrastructure elements that falls under network infrastructure to meet the agreed SLAs.

8.4 The Contractor shall also be solely responsible for all statutory compliances, regular liasoning with Government bodies, for compliance of various provisions specially in respect of labour norms etc. Failure of contractor to perform its obligation shall entitle BSNL to meet entire obligations from the contractor’s

payable amount. Additionally BSNL shall also be entitle to add penalty provisions to that.

9 The infrastructure elements include but are not strictly restricted to, the following elements

i. Indoor Exchange/BTS Sites a) Diesel Generator set b) Servo stabilizers, static stabilizer, line conditioning equipment, isolation

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transformer c) Air conditioners d) Power Plants & Battery Banks (Contractor is responsible to ensure that Battery

Banks are charged to its specified values every time after discharge. Further the battery bank should not get discharged below a specified voltage )

e) Incoming EB connection, commercial main supply including energy meter, power cables, electrical panels, aviation light with its controller etc.

f) Site electrical system Site earthing system including earth pits, earthing cables,

strips Surge protection system, Lightning protection system,

g) Fire detection, alarm and fighting/suppression system

h) General upkeep of MDF Room, Switch room and Transmission room and BTS

room, surrounding and tower space ( to ensure easy accessibility & safety to each

installations including antennae mounted on towers)

10 Above list of items & their configurations may vary from Site to Site. BSNL reserves

the right to add and/or remove any equipment to / from the aforesaid list or add

additional BTS sites at its sole discretion and contractor shall be required to

continue O&M support activities.

11. Service Level Agreement

11.1Service level agreement emphasises on network availability i.e. uptime of

equipment installed at the station and maintenance of due proper ambient

environment inside & outside equipment room.

11.2 Uptime of equipment means all equipment installed at the station are powered ON

from the supply being provided through infra items installed.

11.3 Maintenance of due ambient environment means temperature inside equipment

room has to be maintained upto a level of 27 degree Celsius +/- 3 degrees on 24x7

basis.

11.4 The environment outside equipment room means contractor has to ensure proper

upkeep of the premises and safeguard all installations at the station where

equipment is installed.

11.5 Failure of contractor to respond BSNL call and escalation shall invite penal actions

as mentioned in clause number 11.10.4, 11.10.5 & 12.10.5.

11.6 Contractor has to ensure that all infra alarms as defined in the bid remain

extended to BSNL NOC through the BTSs/nodes installed at the station. They also

need to ensure that all these alarms remains functional through the contract

period on 24x7 basis.

11.7 BSNL shall generate a facility to maintain log of all infra alarms which can be

referred by contractor and BSNL as and when required. These logs shall be shared

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with contractor in each month as per schedule defined in SLA below in clause

no.11.10.2 for reconciliation of outages to be deducted from payable amount in

each month.

11.8 At stations where contractor is performing upkeep also, it shall be contractor’s

responsibility to escalate problems in network to designated authority of BSNL, not

attributable to their reasons. BSNL on receipt of such escalation shall respond to

contractor after confirmation from concerned unit. Such transaction of information

shall be in records for reconciliation of future disputes, if any.

11.9 Contractor is liable for paying compensation to BSNL on account of non

performance, partial performance, performance degradation etc which may

account to BSNL due to non/ improper delivery of services. Compensation shall

start immediately, if contractor is not meeting defined parameters within/upto

specified limits as mentioned in tables given below.

11.10 Network Availability The compensation for network availability are given

below

11.10.1 Network availability shall be measured Station wise, averaged over a month,

for which invoice is raised.

11.10.2 At stations where contractor is responsible for comprehensive operations

and maintenance and upkeep of station, contractor shall be responsible for

ensuring that there is availability of AC/DC power to equipment on 24x7

basis and there is no failure of equipment on account of non availability of AC

Power from DG sets and/or bad upkeep of station resulting breakdown of

services and/or non escalation of alarms of infra not covered under

comprehensive maintenance contract of this tender . The reasons attributable

to contractor shall only be counted while working out outage of network. A log

of monitoring data shall be maintained by BSNL which shall be shared with

contractor on weekly basis for reconciliation purposes. Reconciled log shall be

taken for calculation of monthly outage at the station.

11.10.3 At stations where contractor’s responsibility is to provide comprehensive

maintenance and repair support without operations & upkeep, contractor

shall be responsible for execution of all preventive maintenance actions as per

schedule. Repairing of faults if any, are to be performed within turnaround

time as defined in clause number 12. Failure DG power supply due to non

performance of maintenance as per schedule defined and/or non repairing of

faults, resulting outage of station equipment shall be counted under penalty

as defined in clause.. given below

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Total Network up time

achieved averaged over a

month

Total Penalty in %age on

Monthly Billed Amount

Reward in %age on per site

basis

Up to 100 % Nil 1%

99.99 % - 99.01% Nil Nil

99.00% - 98.01% 2% Nil

98.00% - 96.01% 5% NIL

96.00% - 95.01% 10% NIL

95.00% -94.01% 15% NIL

94.00%-93.01% 25% NIL

93.00%-92.01% 40% NIL

92.00%-90.01% 60% NIL

Less than 90 % 75%of monthly payable amount

NIL

11.10.4 BSNL intends to reward for good work performed by contractor and at the same

time, shall penalize for the bad performance. Accordingly network availability is graded in

terms of percentage availability ranges and BSNL expects that in none of the case average

network availability of station on account of poor or non performance of any/all infra

items under the contract shall fall below 90 % which may force BSNL to pay minimum

amount as per cap defined in the table. The parameters measured for network availability

falling under reward & penalty scheme shall be attributable to reasons on contractor

only.

11.10.5 BSNL intends to reward for good work performed by contractor and at the same

time, shall penalize for the bad performance. Accordingly network availability is graded in

terms of percentage availability ranges and BSNL expects that in none of the case average

network availability of station on account of poor or non performance of any/all infra

items under the contract shall fall below 90 % which may force BSNL to pay minimum

amount as per cap defined in the table. The parameters measured for network

availability falling under reward & penalty scheme shall be attributable to reasons on

contractor only.

11.10.6 Though for reward and penalty purposes, network availability has been

considered on station basis but contractor has to ensure that none of the station element

should remain down for continuously more than 72 hours, failing which an additional

penalty of Rs 1,000 per day ( for DG , & Battery Back Up sets) shall be levied beyond 72

hours, subject to maximum Rs 5000 per station per month.

11.10.7 In case of sustained non performance by contractor (average network availability

at a station is less than 90% due to reasons attributable to contractor) over a period of

three months consequently, BSNL reserves right to cancel work order in the cluster

without assigning further reasons.

12.0 Classification of Faults and Restoration Time

Sl. Type of Response time Remedy Restoration Remarks

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The Contractor shall adhere to following Service Level Agreement (SLA) for

restoration of fault-

12.1 Remedy- The aim is to have the system functioning at an acceptable level either by correcting the problem occurred or by making an alternate arrangement. Example- If say a DG is down, either DG is made operational or an alternate DG is placed to feed till the time faulty DG is set right.

12.2 Restoration

A restoration is the action(s) required to prevent the reoccurrence of a problem

and/or any underlying cause(s) of a problem. The aim is to have the system up and

running in the same condition that it was in before the problem occurred.

12.3 Time defined above is exclusive of time of travelling. Maximum travel time

permitted in urban area is one hour during day time and two hours during night

time and that for rural/sub urban area shall be three hours during day time and

six hours during night time. The time count shall start from the time of information

by BSNL to the representative of the contractor. Day time is counted between 07:00

Hrs to 18:00 Hrs on any day. Failure of the contractor to respond to the call of

No Fault

Urban Rural

1 Critical 60 min 120 min 30 min 72 hrs

Site is completely off

due to non performance

of DG or any other

device under contract

2 Major 90 min 180 min 60 min 72 hrs

Site is up but faults

like in DG set & other

devices under contract

which might result in

site down conditions

quickly

3 Minor-1 180 min 240 min 120 min 72 hrs

Site is up but faults

like Load on battery,

DG fail to start which

might result in site

down later

4 Minor-2 300 min 360 min 180 min 96 hrs

Low fuel alarm, DG fail

to stop, , DG Hour

meter faulty etc which

will not result in site

down condition

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BSNL as per above time line shall invite penalty @ Rs 300 for first two hours

thereafter it shall be Rs 200 per hour subject to maximum Rs 5000 per station per

month. This penalty shall be in addition to those described against network outage.

13.0 Payment Terms

13.1 Payment will be made on monthly basis after all applicable deductions , normally

within 30 days of submission of bills/invoices with requisite documents as

mentioned below;:-

(i) Printout of status of dockets, duly certified by designated BSNL Officer based on faults booked, in respective telecom district.

(ii) Outage Hour of Individual station during that month for which invoice is

generated duly certified by designated BSNL Officer based on alarm logs for BTSs under contract in the telecom district.

13.2 Reimbursement of Energy Charges (Optional subject to inclusion under scope

of work on mutual agreement)

13.2.1 Energy Charges i.e. UAL PCL Electricity Bill Charges and Fuel charges for DG

operations shall be reimbursed by BSNL for sitewise energy expenditure based

on Actual Electrical Load (Kilowatt), availability of electricity & Diesel

Consumption per hour (CPH), on monthly basis. Details of CPH & availability of

electricity shall be decided jointly within three months of award of firm work

order. After award of work, a joint inspection shall be carried out by a team

consisting of Contractor and BSNL for determination of electrical Load (Kilowatt)

of entire equipment, CPH & availability of electricity, Monthly energy charge

shall be worked out for reimbursement. No other charges shall be reimbursed.

13.2.2 The statuary charges towards Govt or its designated agencies, if any applicable

for the site, shall also be reimbursed by BSNL on actual basis.

14. Award of Work

14.1 Work shall be awarded to maximum two successful bidders ranked as L1 & L-2 on

approved rates in the ratio 60:40, after depositing required performance bank

guarantee and signing of agreement with BSNL within 14 days from the date of

issue of Advance Purchase order for its acceptance.

14.2 In case of less number of eligible bidders, BSNL reserves the right to award work

completely to L1 contractor or in case L-2 bidder refuses to accept APO,BSNL

reserve the right to award entire work to L-1 contractor at approved rates.

14.3 Performance Bank Guarantee shall be equal to 10% of total contracted value and

shall have validity for minimum 180 days beyond contract period.

14.4 If contractors to whom work are awarded, are not performing work as per SLA

defined or partially performing work, BSNL reserves the right to award work to

other eligible bidders and/or any other contractor in the market on approved rates

& terms conditions of the bid, subject to their agreement and depositing PBG.

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15. SITE HANDOVER PROCESS 15.1 Handover Process On Signing of agreement, contractor has to survey all sites

awarded to him for the optimum working of DG sets & other infra items(if any) under the contract. Deficiency if any, shall be handled as per provisions given in Clause 6 of the Section IV of the bid document.

15.2 After expiry of contract , contractor shall be responsible to make over sites & infra items to the designated BSNL authority in running conditions.

15.3 BSNL Inspections- BSNL’s technical representative shall inspect periodically maintenance of the Equipment covered hereunder. During these inspections, all discrepancies and/or irregularities in the Equipment or maintenance procedures outlined herein shall be noted by BSNL’s technical representative and forwarded, in writing, to Contractor. Upon receipt of notice thereof, Contractor shall act immediately to correct the discrepancies and/or irregularities. In no event shall

Contractor take more than three (3) calendar days to correct the discrepancies and/or irregularities designated by BSNL unless BSNL agrees to an extended period in writing. If discrepancies and/or irregularities are not corrected within such three (3) calendar days (or such other period of time previously agreed to by BSNL in writing), BSNL, at its option, may have such work done independently at the risk & cost of the contractor.

16. Punch Point clearance- 16.1 A joint inspection shall be carried out for all sites to ascertain the equipment and

conditions of equipments at the time of taking over of the infrastructure items. If a site is having some minor punch points, Contractor shall clear the punch point after approval of BSNL & submit the site take over report to BSNL and such site shall be taken over for maintenance by the Contractor. If sites having major punch points viz. site with faulty DG seizure, Contractor shall provide the detailed report to BSNL and shall clear the punch point on cost basis at a rate quoted in Table-3 of financial bid. Without punch point clearance, the site shall not be declared fit for inclusion in commercial for maintenance.

16.2 All punch point clearance and site taking over shall be completed with in 6 weeks of award of firm work order.

17.0 CONSUMABLES & SPARES:

17.1 BSNL shall be making arrangements to supply consumables only lubricants for servicing and fuel for operations. For remaining consumables required to preventive maintenance and servicing, contractor shall be responsible for procuring, maintaining, inventory management of all spares including filters etc required for the maintenance of the Equipment. Contractor shall procure the electromechanical spares from OEM. Proper records as instructed by the BSNL shall be maintained. Contractor shall report regularly on the inventory status and shall work actively for replenishment as required.

17.2 All consumables required for site upkeep (dusting materials etc), servicing of DG sets (except lubricant), etc shall be provided by contractor. As regards to consumables for cleanness such as acid, phenol etc & other items pertaining to electrical fittings etc shall be supplied by BSNL.

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18.0 Non-exclusive rights: This Agreement does not grant the Contractor exclusive

rights to perform the Services for BSNL or any other requirements of the BSNL. BSNL is free to employ any other vendor for the performance of the Maintenance Services whether covered under this Agreement or otherwise

19.0 Delivery Period & Contract Period:

19.1 The contract period for one year, extendable to further one year on the existing terms and conditions.

19.2 Contractor shall be responsible to takeover DG set under contract at all sites offered immediately maximum within two weeks of issue of firm work order and shall clear all faults within 4 weeks of approval of BSNL. An effort shall be made that all sites shall be brought in optimum operating conditions maximum within 8

weeks of firm work order date.

19.3 SLAs on services being offered shall start immediately site is taken over by contractor and all punch points are cleared. In no site shall remain out of SLA purview beyond 8 weeks of issue of PO and as such contractor has to ensure that all formalities in respect of site to operate at optimum level are completed within 8 weeks. Delay beyond this period shall invite penal action as per SLA defined.

19.4 Contract period shall start immediately after signing of agreement and issue of firm purchase order by BSNL. However for the calculation of one year of contract period, extendable to further one year, the period shall be counted w.e.f the date of issue of firm work order.

20.0 Maintenance Philosophy: The broad philosophy of maintenance covered under this contract are given below:

20.1 Contractor shall provide preventive and breakdown maintenance as required by this Agreement, to keep the DG in good operating condition within the Equipment manufacturer’s specifications along with the routine maintenance activities as mentioned under clause 9 of section-IV.

20.2 Contractor shall provide maintenance on a schedule to keep the Equipment in good operating condition within the Specifications applicable to this Agreement.

20.3 Contractor shall follow a Preventive Maintenance schedule as specified in the Equipment manufacturer's recommendations.

20.4 An appropriate log, in the format approved by BSNL, will be maintained to reflect the date, time, location and nature of such Preventive Maintenance. Contractor shall furnish monthly, the log of Preventive Maintenance calls. The emergency logs, which require further action from any of the sources, shall be escalated to

concerned BSNL representative immediately. This log shall serve as a basis for discussion of Contractor’s performance under this Agreement. The log of Preventive Maintenance shall be maintained by the Contractor and be made available to BSNL on request for a period of not less than five (5) years after the expiry or termination of this Agreement.

20.5 Contractor shall provide service required to repair any malfunctioning Equipment and return it to good operating condition within the specifications applicable to this Agreement. When repair of malfunctioning equipment is performed, Contractor shall furnish BSNL a log, in the format approved by BSNL, indicating

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what Equipment or portion of the Equipment failed and what corrective action was taken to repair such Equipment. BSNL’s technical representative may be present during any maintenance, shall sign such log-indicating acceptance of the work and shall be furnished a copy by Contractor of this signed log. This log shall also indicate the time the Equipment was reported to be defective and the time it was returned as operational and accepted by BSNL. This log shall serve as a basis for discussion of Contractor’s performance under this Agreement. The above log shall be maintained by Contractor and be made available to BSNL on request for a period of not less than two (2) years after the expiry or termination of this Agreement.

20.6 BSNL may at any time during this Agreement add/ reduce any number and type of Equipment at any of its locations. Any such addition/reduction shall be covered by this Agreement, with effect from the date of such addition/reduction, without any change in terms and conditions of the Agreement.

20.7 The Contractor shall be responsible for damages caused to any Equipment, antenna, or any other installation at the Site due to improper operations/maintenance, acts due to negligence and by adopting unsafe and unprotected methods. Any such damage shall be repaired or replaced at the sole cost, effort and risk of the Contractor. The Contractor shall provide temporary arrangement or replacement till the damages are rectified permanently.

20.8 All faulty and replaced parts need to be submitted in BSNL office along with proper tagging information giving Site name, date of replacement & fault etc

20.9 The Contractor shall purchase all electrical parts and spares required for provision of the service from the OEM.

20.10 In case any license, permit, or other permission is required to carry out the services under this Agreement and / or in connection with any matter incidental thereto from any authority under any law for the time being in force, the same shall be the exclusive responsibility of the Contractor who alone shall take necessary steps to apply for the same and obtain the necessary clearance / sanction etc. within time. In case any insurance is required for the employees of the Contractor, it shall also be the responsibility of the Contractor to get the said insurance done, and BSNL shall entertain no claim whatsoever in this regard.

21. 0 ROUTINE MAINTANANCE ACTIVIES 21. 1 Alarm Management of infra equipments: 21.1.1 Infra alarms are normally extended to the centralized OSS/OMCR. In case of

COM proper working of the infra alarms is the responsibility of the Contractor. If any infra alarm is not working/pending in any of the sites the same has to be

attended by the Contractor. However if Alarms are responsibility of some other vendor, contractor has to communicate the fault to the site incharge of BSNL for lodging it at other vendor’s fault log system.

21.1.2 The performance of the Contractor will be monitored based on the alarm/fault docket reports maintained in the web server. It’s the reasonability of the Contractor to monitor/attend the alarm/faults and ensure timely closure.

21.2 Scope related with Diesel Generator

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21.2.1 The Diesel Generators are to be serviced as per respective manufacturer specification and schedule. BSNL shall supply only lubricant and rest of consumables shall be supplied by contractor.

21.2.2 DG overhauling as per the manufacturers recommendation is also the responsibility of Contractor at the Contractor’s cost. The life of the battery provided at DG set is two years. During life period of battery the contractor shall be responsible ,beyond that BSNL shall be responsible. The battery used shall be minimum 80 AH and should be of reputed make.

21.2.3 All consumables are to be borne by the Contractor. Maintaining of the canopy to avoid leakage of rain water is the responsibility of the Contractor.

21.2.4 Servicing of the Diesel Generator should be carried out in the presence of the BSNL representative. Certificate from the SDEs in charge for having completed the service of the DG should be submitted while claiming the monthly payments. Ensure all DG in Auto working mode at Sites.

21.2.5 Periodic checking of Automatic Mains Failure panel and repair/replacement

of any faulty component is the responsibility of the Contractor. 21.2.6 In the event of Major problem in DG the Contractor must provide

Temporary DG at site at their own cost. The Contractor should ensure zero downtime of sites on account of DG failure.

21.2.7 All DG sets along with Canopy shall be maintained by the Contractor till the expiry of contract or the life time of the equipment, whichever earlier.

21.2.8 Diesel Filling in DG sets at Sites: 21.2.8.1 The Contractor shall ensure that the services from DG sets are

available on 24 hrs X 7 days basis on all days of the calendar year irrespective of Sundays and holidays.

21.2.8.2 The consumption of diesel shall be limited to CPH defined. However Contractor shall be required to submit record of Energy (KWH) generated by Diesel Engine as well as DG hour meter reading on actual basis as on 1st and last day of the month.

21.2.8.3 In case any of the metering unit is not functioning properly, the Contractor shall inform BSNL immediately failing which it shall be construed as tampering of meter for which the contractor shall be solely responsible. Further to this, the payment shall be governed on average basis of run, to be decided by GMTD Nainital in which case his decision shall be final and binding.

21.2.8.4 BSNL shall have liberty to test the quality of diesel at any time himself or from any external agency. Quality of diesel will be as per the recommendations of oil companies.

21.2.8.5 If the result of test of quality shows any kind of mixing with the diesel then Contractor shall pay compensation of Rs.2000/- per test including charges for testing. Also, the repair cost of consequential damages to DG Sets, to be decided by GMTD Nainital, would be deducted, as actual, from the Contractor’s bills.

21.2.8.6 Cleaning of DG set parts and tray, if any, of any diesel or spillage, will be done by Contractor’s immediately after topping up.

21.2.8.7 Contractor will report to BSNL any abnormal observation on DG set and its accessories at the earliest.

AC power supply 21.2.9 AC power supply should be made available by the Contractor within the

specified voltage limit as far as possible. However, interruptions in AC

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power supply shall be acceptable as per UAL PCL power supply

schedule which vary time to time, place to place and season to season. Also

care shall be taken to utilize the cheaper source of power source like EB

power over DG set power whenever possible as a measure to reduce

operational expenditure.

21.2.10 Depending upon power availability (UAL PCL or DG), a quick change-over shall be done by the contractor from UAL PCL to DG or vice-versa. BSNL is providing battery backup to take care of the change-over phase. In the event of unavoidable circumstances of this change over more than 5 to 6 times a day due to frequent power failure, the change over time need to be brought down to few minutes to protect the BSNL batteries from deep discharge. Please note that in case of power failure and BSNL equipment working on batteries, the shelter temperature goes high to create a high temperature alarm within 20 to 30 minutes.

21.2.11 In case of power failure, adequate steps should be taken so that the

temperature inside the shelter does not go beyond 35C during such interruptions. If the interruption is expected to take more time, other standby arrangement of mobile DG set should be arranged by the Contractor within the allowed time to meet network uptime of 99.97% or more.

21.2.12 While the site is run on alternate arrangement like mobile DG, the site

shall be manned by Contractor’s technicians continuously. This condition is

also applicable for any of the equipment which is run on manual mode

bypassing auto operation of the equipment.

21.2.13 When the power is restored through regular EB source or alternate

back up arrangement, power should be continuously available for at

least 10hrs to charge the batteries completely.

22 OTHER RESPONSIBILITIES OF THE CONTRACTOR 22.1 Contractor shall deploy sufficient numbers of well trained technicians/operators

and maintenance staff for successful execution of this contract. Persons so deployed shall be equipped with required tools, materials, parts, accessories, instruments and equipment to perform the Maintenance Services described in this Agreement for the Equipment all in accordance with the Specifications, as further described in Section VI.

22.2 The Contractor shall provide the following to its employees deputed to carry out the Services under this Agreement for which BSNL will not pay any extra:

a. Photo Identity Card; b. Shock proof shoes & gloves; ( power handling)

c. Tools and tackles to perform the duty 22.3 The Contractor shall be responsible for damages caused due to improper

operations / maintenance, acts due to negligence and by adopting unsafe and unprotected methods. The responsibility will be decided by the General Manager TD Nainital, Uttarakhnad Circle, BSNL.

22.4 All damages as mentioned in above shall be repaired or replaced at the cost and risk of the Contractor. The Contractor shall provide temporary arrangement or replacement till the damages are rectified permanently.

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22.5 Contractor shall also be responsible for all keys or access cards to BSNL’s premises issued to Contractor’s employees hereunder. Such keys or access cards shall not be duplicated. All keys or access cards shall be returned to BSNL upon request or upon termination of this Agreement. If the loss of keys or access cards requires changing the combination of locks or changing other access equipment, the cost of such labour and material may be charged to the Contractor at the discretion of BSNL.

22.6 LABOUR OBLIGATIONS 22.6.1 The Contractor shall be fully responsible for discharge of various obligations towards its employees deployed under this Agreement, under different statutes including Payment of Wages Act, 1936, Minimum Wages Act, 1948, Workman Compensation Act, 1923, Payment of Bonus Act, 1965, Payment of Gratuity Act, 1972, Employees State Insurance Act, 1948,

Employees Provident Fund and Misc. Provisions Act, 1952 etc., and BSNL shall have authority to check and satisfy themselves regarding compliance of the Statutory / legal obligations of the Contractor towards its employees. However, this will not make BSNL in any way liable to discharge any of the responsibilities of the Service provider under the above stated or any other Acts and the Contractor would be solely and exclusively responsible / liable to pay /discharge all such obligations / liabilities of its employees under any Act or Enactment whatsoever, in force for the time being and from time to time.

22.6.2 Notwithstanding, anything contained herein above BSNL shall have the right to send back to the Contractor any employee/representative, etc. if the said person is considered to be undesirable and the Contractor can also change any person engaged / employed by it after making suitable replacement and with prior intimation to BSNL

22.6.3 The Contractor alone will be responsible for the conduct, behavior and discipline of its employees/representatives. In case of any misconduct which may or may not involve financial loss or burden on BSNL, the Contractor alone shall take suitable action against such defaulting employees/agents and BSNL shall not be responsible and / or liable for any type of dispute arising out of such disciplinary action as and when taken by the Contractor against such defaulting person (s) employed / engaged by it.

22.7 In the event of any injury, illness or death of any employee/representative (s) or any other person by reason of any action or omission on the part of the Contractor, or any of its personnel, any liability that may arise and / or accrue shall be that of the Contractor. The Contractor shall indemnify and keep BSNL indemnified against all such claims arising from any such injury, damage and / or death and shall be liable to pay such compensation and / or any other sums for which BSNL may have to pay to any third party and the Contractor shall forthwith on demand or otherwise reimburse to BSNL, as the case may be, all money, compensation, contribution, premium paid, or liable to be paid by it on account of the action and omission of the Contractor. In the event it fails to do so BSNL shall recover any such amount or part thereof from the payments to be made to the Contractor towards its bills.

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22.8 In the event of any theft reported from any Site, the Contractor shall carry out proper internal investigation, coordinate with BSNL and other agencies and take actions so as to restore the services, if affected by the said theft. At sites where security is in the scope of the Contractor, cost of material lost due to theft would be charged to the Contractor.

22.9 The Contractor shall be responsible for movement of all spares, equipment under this Agreement from one Site to other or from the offices/warehouse of Contractor to any Site/warehouse of BSNL.

23 TOOLS & IMPLEMENTS Unless otherwise specifically provided in this Agreement, Contractor shall provide

all labour, tools and equipment ("Tools") for performance of this Agreement. Should

Contractor actually use any tools owned or rented by BSNL, Contractor

acknowledges that it accepts the Tools "as is, where is” and that Contractor shall

have risk of loss and damage to such Tools. Contractor agrees not to remove the

Tools from BSNL’s premises, to use Tools only for the Services under this

Agreement and to return the Tools to BSNL upon completion of use, or at such

earlier time as BSNL may request, in the same condition as when received by

Contractor, reasonable wear and tear accepted.

24.0 MAINTENANCE OF RECORDS AND REPORTING

24.1 The Contractor shall ensure the maintenance of all such log books / record books as may be prescribed by BSNL from time to time

24.2 The Contractor shall also be responsible for generation and distribution of

various reports, statements, MIS; etc in such formats, for such periods, to such

persons as may be conveyed by BSNL from time to time.

Section V

Detailed Technical Requirements

Broad details of infra equipment installed at various stations are as follows

1.0 Present BTS Infrastructure Specifications

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1.1 Diesel Generator Set

Item Specification

1. 25/20 KVA DG set

BTS site

Capacity 25/20 KVA (a small quantity of 22.5KVA, 30 KVA, 40KVA & 75KVA also available)

Acoustic canopy to reduce sound to 75 dB Vibration less than 20 microns on base frame Automatic operation with AMF panel

Micro processor based controller

2. 15 KVA DG set

BTS site

Capacity 15 KVA

Acoustic canopy to reduce sound to 75 dB Vibration less than 20 microns on base frame Automatic operation with AMF panel

Micro processor based controller

2.0 Schedule for Maintenance:

2.1 Preventive Maintenance: Air Conditioners: Monthly Maintenance

2.1.1 Check input / output supply of stabilizer. 2.1.2 Check for any leakage / condensation. 2.1.3 Check the room temperature as required. 2.1.4 Cleaning of air filters with mild detergent and water. 2.1.5 Check for any damage to the outdoor unit, piping, etc.

2.2 Preventive Maintenance: D.G Sets

2.2.1 Monthly Maintenance:

Check for any fuel leakage through the pipes or fuel tank.

Check coolant level when the engine is cool and top it up, if applicable.

Check Lube oil level when the engine is cool and top it up. Lube oil should be from approved supplier.

Check starter battery and its terminals for its condition. In case of low electrolyte level top it up with packed distilled water.

Check all the electrical connections for their firmness and correctness.

Run DG set for 30 minutes and note down the main parameters like voltage, frequency, GCU reading etc.

Ensure all safety devices, sensors and indications are working properly.

Clean DG set thoroughly.

2.3 Preventive Maintenance: Electrical system & Indoors

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Following items to be checked regularly and ensured:

DG set is working in Auto mode.

All alarms are working.

All switches and lights are working.

Aviation light, if provided, is functional.

Fire extinguisher is available and functionally okay (date is valid).

Earth Resistance verification on Quarterly basis to ensure it is within specified levels.

Ensure no power cable is heated up.

MCBs meant for BSNL infrastructure should be of proper rating

3.0 Breakdown Maintenance - Repair Methodology:

The following describes the indicative process to be followed by an O&M Technician at site during alarm/breakdown check call. 3.1 The O&M technician will carry out a visual inspection of the respective fault alarm. If immediate rectification is possible, the technician will carry out the operation himself and close it at the FMC.

3.2 In case of equipment breakdown; he will notify the FMC engineer and BSNL circle head. After which he will proceed with the respective rectification process.

3.2.1 DG:

The O&M technician will do a visual inspection of DG and will try to trouble

shoot the exact nature of the problem. In case of a major breakdown, the

technician has to arrange for the mobile DG to have the site running without

any downtime.

In case of fault in the AMF panel, the DG should be operated in the manual

mode and AMF panel should be rectified. During DG manual mode, the site

needs to be manned continuously.

.

SL.NO. DESCRIPTION OF WORK ACTION TO BE TAKEN

(A). ENGINE 1) Check the

foundation bolt. Proper

tightening to be done

2) Check the

torque of all fasteners.

Proper tightening to be

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done

3) Check the oil

leakages. Remove the

leakage if persists

4) Check the

alignment of all

equipment. Align the

equipment’s, if needed

5) Check the

greasing /oil greasing of

greasing at all points to

be done

Auxiliary equipment and

linkages.

6) Clean the

radiator to be done

7) Check the lube

oil level in the

sumpchange the

Oil(supp., by eng. manuf.)

at 400 hrs or top up in

between

. 8) Check the fuel

pump cleaning

to be cleaned if

required

9) Check the valve

tapet clearance

adjust if

required

10) Check the fuel

timing

adjust if

required

11) Check the belt

tension

adjust if

required

12) Check the

condition of v belt

replace if

defective

13) Check the

smoke condition

take action

for proper smoke

14) Check fuel filter

element

a) pre-filter

insert

replace at every

400 hrs run

b) fuel filter

insert

replace at every

400 hrs run

15) Check the lube

oil filter

replace at every

oil change

16) Check air

cleaner.

to be cleaned or replaced

as reqd.

17) Check bypass

filter

to be replaced if

reqd.

18) Clean the

button filter of feed pump

to be

cleaned.

19) Clean the

cylinder barrel and

to be cleaned

cylinder head fins 20) Check the

battery water level

if less add

distill water

21) Check the water

level in radiator for top

up if required water

cooled engine

23) Check CR

element and CR plate

replace if

reqd.

24) Check exhaust

pipe for leakage and

Remove

leakages and clear

Restriction

25) Check sediment

in fuel tank.clean if

required

26) Check hose

pipe. replace if

efective

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27) Check self

starter.if defective, to be

repaired

28) Check Status of

Battery if life expired

intimate incharge along

with price list of battery

for prior approval of

replacement

29 Check charging

alternator if

defective, to be

repaired

30 Check for safety trip

for (if provided)

a) for high

cylinder temperature in

air to be

adjusted if required

cooled engine.

b) for high

water temperature in

water to be


cooled engine

. c) for low

lubricating oil pressure.

to be adjusted if required

d) for low level

diesel in tank.

to be


Check for loss of power of engine/If replacement /overhauling is required, if due

heavy smoke or defect intimate Engineer incharge along with rates of spares

and accessories of engine and its instrument Panel complete with Part no. as per

engine manufacturer price list for prior approval.

(E). Alternator

1) Check for tightness of cable end termination. ensure proper tightening 2) Check the tightness of the coupling. tighten properly if required 3) Check the blower fan etc. ensure proper running 4) Check the carbon bush. To be replaced if worn out 5) Check slip ring holder and resistances. if defective, intimate incharge along with rate for prior approval

6) Check the greasing etc of bearings. greasing to be done 7) Check the terminal voltage on no load. adjust if needed 8) Check the terminal voltage on load. adjust if needed 9) Check the frequency on no load. adjust if needed 10) Check the frequency on load. adjust if needed 11) Check power factor on load. if pf is less than 0.85 intimate

incharge to improve the power factor of exchange load. 12) Check full load current.If load current is more than rated capacity of E/A set incharge

may be intimated to reduce the load of exchange on E/A set. 13) Check the noise level of the bearing. intimate to incharge if bearing needs replacement

along with rate as per price list

14) Check if no voltage is produced by alternator. check rotor, armature winding,field

coil and AVR if defect is found in any of them,intimate incharge along with rates of rewinding / replacement for prior approval.

15) Check ventilation of room /exhaust fan if room temperature is more than 10 c, over ambient temp the cause may be intimated to incharge to improve ventilation of room.

(F). Control panel

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1) Check the incoming switch a) for fuse if switch fuse unit. Change the fuse with correct rating if required. b) MCCB / MCB check the rating /functioning if defective, intimate incharge along

with rate as per its manufacturer price list.

2) Check wiring for contact looseness. Tighten properly. 3) Check measuring instruments of .Replace Ammeter, volt meter,

Electrical control panel of E/A set,frequency meter, if faulty

Beside above all the work which is necessary to run the DG set and site.

Note: Above items of Engine, Alternator and control panel shall be carried out as

applicable for respective makes and models.

3.2.2 Frequency of Maintenance Schedule:

Equip/System Frequency Activity

DG-set

Weekly

Check D-G set battery voltage (by DC

voltmeter on AMF panel or by multi meter)

and charging current by DC ammeter on AMF

panel).

DG-set

Weekly

Maintain record of number of hours of

running of D-G set, diesel consumed, KWH

produced, water temperature (when DG is

ON), lube oil pressure (when DG is ON) and

works done on D-G set.

DG-set

Weekly

Visual check water leakage in the canopy and for

fuel &oil leakage.

DG-set

Weekly

Check battery terminals for looseness & rust and

taking remedial action.

DG-set Weekly Top-up distilled water in battery if required.

DG-set Monthly Clean of air-filter.

DG-set

Monthly

Clean of engine, alternator, terminal box on

alternator, AVR, AMF panel interiors, canopy

interiors, air inlet/exit opening of canopy. DG-set Monthly Check lube oil level. Top up if necessary.

DG-set

Monthly

Check all terminations (on alternator, in AVR

& in AMF panel) for looseness &

overheating.

DG-set

Monthly

LED/Lamp test, if provision is available in the

AMF panel.

DG-set

Half yearly

Contactor (AMF panel) overhauling if

required. During this period, if DG power will

remain unavailable for more than 30 minutes,

arrangements to be made for making DG power

available through other means (like mobile DG

set)

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DG-set As required Diesel filling.

DG-set

As required

B-check, as per manufacturer's

recommendation, every 250hrs of running or

every 6 months, which ever is earlier. During this

period, if DG power will remain unavailable for

more than 30 minutes, arrangements to be made

for making DG power available through other

means (like mobile DG set)

DG-set As required

C-Checks as per manufactures

recommendations. During this period, if DG

power will remain unavailable for more than 30

minutes, arrangements to be made for making DG

power available through other means (like mobile

DG set)

DG-set As required

DG Set Over hauling. During this period, if DG

power will remain unavailable for more than 30

minutes, arrangements to be made for making DG

power available through other means (like mobile

DG set)

DG-set

As required

If there is no EB power failure for 15 days,

test-run the DG-set on-load for 60min.

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Section- VI

Financial Bid [Table-1]

FINANCIAL BID

NIT No: OP-4/Tender/E.A./AMC/GMTD/NT/2015-16/1 Dated : 21-01-2016

To,

The AGM (Plg) BSNL

O/O GMTD, Nainital, HQ-Haldwani.

Sub: The Annual CO&M contract of engine Alternator sets.

Sir,

With reference to your tender notice, I/ We hereby tender my / our rates for annual maintenance as per tender

specification of Engine Alternator sets installed at various exchanges. I/We have read and agree with the terms and

conditions mentioned in tender document issued to me/us for annual maintenance of E/A sets. The capacity wise rate

for Annual maintenance of E/A sets is given as below.

SL.

NO.

Capacity of

E/A set (in

KVA)

QTY Rate Per Unit per

month inclusive of

all levies and taxes

but excluding service

Tax in Rs

Total Cost

per Month

inclusive of

all levies and

taxes but

excluding

service Tax in

Rs

Any Other Cost

/ Discount

Quote/Offered

in Rs

Final Total per

month in Rs

A B C D E = C x D F G= E-F

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A. Cost of Comprehensive Operations & Maintenance including support work if any

required by BSNL(CO&M)

1 >10 KVA to

25 KVA 28

2 >25 KVA to

45 KVA 4

3 >45 KVA to

63 KVA 0

B.

Cost of Comprehensive Maintenance & Repair Support of DG Sets (AMC)

1 >10 KVA to

25 KVA 98

2 >25 KVA to

45 KVA 27

3 >45 KVA to

63 KVA 06

Note:- (1) Rates are inclusive of all levies/taxes excluding service tax.

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(2) Rates for optional items shall also be accounted while deciding price ranking of

bidders.

(3) Urban Areas are those stations which are located at District HQ/ Tehsil HQ / Sub

divisional HQ of revenue Districts. Remaining locations are called as Rural Areas

Financial Bid [Table-2]

Cluster Name-………….

Sl

No

Item

(A)

Quantity

(B)

Basic

Unit

Price per

site

excluding

service

tax in Rs.

(C)

Taxes,

Levies

and all

Other

duties

Excluding

Service

Tax in Rs.

(D)

Unit Price per site

inclusive of all

Taxes, Levies and

all other duties

excluding service

TAX in Rs.

(In figure)

(E=C+D)

Unit Price per site

inclusive of all Taxes,

Levies and all other

duties excluding

service TAX in Rs.

(In words)

(F=E)

Total Composite Price in Rs.

(G=B*E)

1.0 DG repair of

Seized DG

Sets by

Overhauling

1.01 10 KVA to 12.5

KVA

5

1,02 15 KVA 5

1.03 20 KVA to 25

KVA

5

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1.04 27.5 KVA to 35

KVA

5

1.05 37.5 KVA to 45

KVA

5

1.06 47 KVA to 55

KVA

5

1.06 56 KVA to 63

KVA

5

1.1 Lump sum

one time

Minor

Repairing

Cost where

DG is in

Operational

Condition

1.11 10 KVA to 12.5

KVA

5

1.12 15 KVA 5

1.13 20 KVA to 25

KVA

5

1.14 27.5 KVA to 35

KVA

5

1.15 37.5 KVA to 45

KVA

5

1.16 47 KVA to 55 3

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KVA

1.17 56 KVA to 63

KVA

2

1.2 One Time

Service Cost

inclusive of

Lubricants &

Consumables

1.21 10 KVA to 12.5

KVA

5

1.22 15 KVA 5

1.23 20 KVA to 25

KVA

5

1.24 27.5 KVA to 35

KVA

5

1.25 37.5 KVA to 45

KVA

5

1.26 47 KVA to 55

KVA

3

1.27 56 KVA to 63

KVA

2

Total Composite Cost= (Total Composite Cost of Table-1) + (Total Composite Cost of

Table-2)

Note: The price under Table -2 shall be applicable only for removing punch points as a one-time measure of DG,

decided during joint inspection of site before taking over for Comprehensive O&M by the bidder. However BSNL

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reserves right to use these prices to get set right of certain DG sets under the contract at any given time during

currency of the contract.

“We hereby declare that in quoting the above prices, we have taken into account the entire credit on

inputs available under the MODVAT SCHEME introduced w.e.f. 1st March 1986 and further extended on

more items till date”.

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Section VII LOG SHEET PROFORMA

No of inspection /servicing………. Date ………….

Exchange Detail Name of Exchange :…………………………… Name Of Incharge ……….…………

ExchangeTelephone no: .…………………

Hour Meter Reading .…………………

Date of Servicing: .…………………

Engine Detail Alternator Detail

Sr. no. Sr. no.

Capacity Capacity

Model Model

Control Panel Detail Safety Control of engine

Incoming

switch

TPN / MCCB /

MCB

High Cylinder

Temperature

Yes / No

Capacity LLOP Yes / No

Lack of Fuel Yes / No

Reading after Servicing

Meter No Load Load

R.p.m

Oil Pressure

Voltage

Ampere

Frequency

Hour meter

Remark of Service Engineer (List out defect found during servicing which is not covered in service contract to be charged extra)

Log book will be maintained daily basis in following format.

Sl.No, date ,time of power failure , D/G start time, power restoration time, time of D/G stop

1-

2-

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Servicing done as per Schedule in AgreementSignature of Service Engineer

Signature of Incharge

SECTION VIII: BID FORM TenderNo.OP-4/Tender/E.A./AMC/GMTD/NT/2015-16/1 Date 21-01-2016 To AGM(Plg), O/o GMTD Nainital H.Q. Haldwani main telephone exchange building Avas- Vikas P.O. Bhotia parao Haldwani Dear Sir, 1. Having examined the conditions of contract and specifications including all annexure the receipt of which is hereby duly acknowledged, we, undersigned, offer for comprehensive operation and maintenance of DG sets installed in the Nainital SSA of BSNL, Uttarakhnad Circle as per the detailed BTS locations and the miscellaneous activities mentioned in the tender for a period of three years in conformity with the terms and conditions of contract for the annual price shown in the financial bid attached herewith and made part of this Bid. 2. We undertake, if our Bid is accepted, to commence comprehensive operation and maintenance services as per your advance work order/purchase order. 3. If our Bid is accepted, we will obtain the performance guarantees of a Scheduled Bank for a sum equal to the three years’ comprehensive operation and maintenance price of all the sites in respective cluster in which work is awarded for the due performance of the contract. 4. We agree to abide by this Bid for a period of 150 days from the date fixed for Bid opening and it shall remain binding upon us and may be accepted at any time before the expiration of that period for the initial order subsequent order will be based on the performance by the bidder. 5. Until a formal work order/ purchase order of contract is prepared and executed, this Bid together with your written acceptance thereof in your notification of award shall constitute a binding contract between us. 6. Bid submitted by us is properly sealed and prepared so as to prevent any subsequent alteration and replacement. 7. We understand that you are not bound to accept the lowest or any bid, you may receive.

Dated this .............................. day of ........................ 2016 Name and Signature ------------------------ In the capacity of ----------------------

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

Witness ......................................... Address ......................................

Signature

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SECTION IX: BID SECURITRY FORM

Whereas .................................. (hereinafter called "the Bidder") has submitted its bid dated............for the supply of ........................ vide Tender No…………………… dated............ KNOW ALL MEN by these presents that WE ....................... OF .................... having our registered office at .................(hereinafter called "the Bank") are bound unto Bharat Sanchar Nigam Limited (hereinafter called "the Purchaser") in the sum of Rs.................... for which payment will and truly to be made of the said

Purchaser, the Bank binds itself, its successors and assigns by these present. THE CONDITIONS of the obligation are : 1. If the Bidder withdraws his bid during the period of bid validity specified by the Bidder on the Bid form or 2. If the Bidder, having been notified of the acceptance of his bid by the Purchaser during the period of bid validity (a) fails or refuses to execute the Contract, if required; or (b) fails or refuses to furnish the Performance Security, in accordance with the instructions to Bidders. We undertake to pay to the Purchaser up to the above amount upon receipt of its first written demand, without the purchaser having to substantiate its demand, provided that in its demand, the purchaser will note that the amount claimed by it is due to it owing to the occurrence of one or both of the two conditions, specifying the occurred condition or conditions. This guarantee will remain in force as specified in clauses 12 and 28.2 of section II of the Bid Document up to and including THIRTY (30) days after the Period of bid validity and any demand in respect thereof should reach the Bank not later than the specified date /dates. Signature of the Bank Authority. Name Signed in Capacity of Name & Signature of witness Full address of Branch Address of witness Tel No. of Branch Fax No. of Branch

Witness .........................................

Address ...................................... Signature

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SECTION X:

LETTER OF AUTHORISATION FOR BID OPENING (To be submitted to bid Opening Committee before bid opening)

To

AGM(Planning), O/o GMTD, Telephone Exchange Building Haldwani

Subject: Authorization for attending bid opening on ________________________________(date) in the Tender of _________________________________________________________.

Following persons are hereby authorized to attend the bid opening for the tender mentioned above on behalf of

______________________________________________ (Bidder) in order of preference given below.

Order of Preference Name Specimen Signatures I.

II.

Alternate Representative

Signatures of bidder

Or Officer authorized to sign the bid Documents on behalf of the bidder.

Note : 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.

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SECTION XI:

PERFORMANCE SECURITY GUARANTEE (BOND FORM)

1. In consideration of the GMTD Bharat Sanchar Nigam Limited Nainital H.Q.

Haldwani (hereinafter called”the “BSNL”) having agreed to

exempt………………………..( hereinafter called “Bidder”) from the demand, under

the terms and conditions of an agreement/ (purchase order)

No……………dated……………made

between…………………………..and…………………………for the supply

of……………………………………..(hereinafter called “the said AGREEMENT”) of

Security Deposit for the due fulfillment by the bidder of the terms and

conditions contained in the said Agreement, on production of the Bank

Guarantee for Rs 10% of work awarded (Rs Ten percent of work awarded) only

.we, (name of the Bank)………………..(hereinafter referred to as “the Bank”) at

the request

of ……………………………(Bidder) 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 the BSNL by reason of any breach

by bidder 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 bidder of any of terms or

conditions contained in the said agreement or by reasons of the bidder’s failure

to perform the said agreement. Any such demand made on the bank shall be

conclusive as regard the

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amount due and payable by the bank under this guarantee where the decision

of the 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 undertake to pay to the BSNL any money so demanded not withstanding

any dispute or disputes raised by bidder 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 bidder

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 or till

…………………. (office/department) BSNL certifies that the terms and conditions

of the said agreement have been fully or properly carried out by bidder and

accordingly discharges this guarantee. Unless a demand or claim under this

guarantee is made on us in writing on or before the expiry of

……………….(period as specified in PO) from the date hereof, 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 obligation hereunder to vary any of the terms and conditions of the

said agreement or to extend time of performance by the bidder from time to time

or to postpone for any time or from time to time any of the powers exercisable by

the BSNL against bidder 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

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bidder or for any forbearance, act or omission on the part of BSNL or any

indulgence by the BSNL to bidder or by any such matter or thing whatsoever

which under the law relating to the sureties would, but for this provision, have

effect of so relieving us.

6. This guarantee will not be discharged due to change in the constitution of the

Bank or bidder.

7. We (name of the Bank)…………………lastly undertake not to revoke this

guarantee during its currency except with the previous consent of the BSNL in

writing.

Dated the ………………………. Day of ………………

For

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(Indicate the name of bank)

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SECTION XII: MUTUAL NON-DISCLOSURE AGREEMENT

This Agreement is made as of the ___________ between Bharat Sanchar Nigam Limited (A Government of India Enterprise), O/o GMTD Nainita H.Q. HALDWANI

BSNL, MAIN TELEPHONE EXCHANGE AVAS-VAKAS P.O. BHOTIA PARAO

HALDWANI 263139, having its registered office at 10th Floor, Statesman

House, B-148, Barakhamba Road, New Delhi-110001 herein after called “BSNL” which expression shall unless repugnant to the subject or the context mean and included its successors, nominees or assign and M/s …….. (Bidder), an Indian

Company incorporated and registered under the companies Act 1956, having its registered office at ……………….. herein after referred to as the “Bidder” which expression shall unless repugnant to the subject or the context mean and

include its successors, nominees or assigns. In order to pursue the mutual business purpose specified in Exhibit A (the

"Business Purpose"), BSNL and Bidder recognize that there is a need to disclose to one another certain confidential information of each party to be used only for the Business Purpose and to protect such confidential information from

unauthorized use and disclosure. In consideration of the other party's disclosure of such information, each party agrees as follows:

1. This Agreement will apply to all confidential and proprietary information

disclosed by one party to the other party, including information listed in Exhibit A and other information which the disclosing party identifies in writing as confidential before or within thirty days after disclosure to the receiving party

("Confidential Information"). 2. Each party agrees (i) to hold the other party's Confidential Information in

strict confidence, (ii) not to disclose such Confidential Information to any third parties, and (iii) not to use any Confidential Information for any purpose except for the Business Purpose. Each party may disclose the other party's

Confidential Information to its responsible employees with a bona fide need to know, but only to the extent necessary to carry out the Business Purpose. Each party agrees to instruct all such employees not to disclose such Confidential

Information to third parties, including consultants, without the prior written permission of the disclosing party.

3. Confidential information will not include information which: (i) is now, or hereafter becomes, through no act or failure to act on the part of the receiving party, generally known or available to the public:

(iii) Was acquired by the receiving party before receiving such

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Information from the disclosing party and without restriction as to use or disclosure;

(iii) Is hereafter rightfully furnished to the receiving party by a third party, without restriction as to use or disclosure: (IV) is information which the receiving party can document was independently developed by the receiving party; (v) is required to be disclosed pursuant to law, provided the receiving party uses

reasonable efforts to give the disclosing party reasonable notice of such required disclosure; or (vi) Is disclosed with the prior written consent of the disclosing party.

4. Each party agrees not to remove any of the other party's Confidential Information from the premises of the disclosing party without the disclosing

party's prior written approval. Each party agrees to exercise extreme care in protecting the confidentiality of any Confidential Information which is removed, only with the disclosing party's prior written approval, from the disclosing

party's premises. Each party agrees to comply with any and all terms and conditions the disclosing party may impose upon any such approved removal,

such as conditions that the removed Confidential Information and all copies must be returned by a certain date, and that no copies are to be making off of the premises.

5. Upon the disclosing party's request, the receiving party will promptly return to the disclosing party all tangible items containing or consisting of the

disclosing party's Confidential Information all copies thereof.

6.Each party recognizes and agrees that nothing contained in this Agreement will be construed as granting any rights to the receiving party, by license or otherwise, to any of the disclosing party's Confidential Information except as

specified in this Agreement. 7. Each party acknowledges that all of the disclosing party's Confidential

Information is owned solely by the disclosing party (or its licensors) and that the unauthorized disclosure or use of such Confidential Information would cause

irreparable harm and significant injury, the degree of which may be difficult to ascertain. Accordingly, each party agrees that the disclosing party will have the right to obtain an immediate injunction enjoining any breach of this Agreement,

as well as the right to pursue any and all other rights and remedies available at law or in equity for such a breach.

8. This Agreement will be construed, interpreted, and applied in accordance with the laws of India. Subject to terms and conditions regarding the removal of Confidential Information as set forth under Section 4, this Agreement and

Exhibit A attached hereto are the complete and exclusive statement regarding the subject matter of this Agreement and supersede all prior agreements,

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understandings and communications, oral or written, between the parties regarding the subject matter of this Agreement.

9. This Agreement will remain in effect for five years from the date of the last disclosure of Confidential Information, at which time it will terminate.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized officers or representatives.

Bidder Company Name Bharat Sanchar Nigam Limited

Signature Signature

Printed Name Printed

Name

Title

Title

Seal

Seal

Exhibit A 1. Business Purpose:

To carry out Comprehensive Operations & Maintenance of Infrastructure

Equipments

(Reference: Tender No :…………………….) 2. Confidential Information of Bidder

3. Confidential Information of Bharat Sanchar Nigam Limited (BSNL):

The equipment details including the configurations.

All information shared in oral or in written form by BSNL with Bidder

Bidder Company Name Bharat Sanchar Nigam Limited

Signature Signature

Printed Name Printed

Name

Title

Title

Seal

Seal

END