up keep bts
TRANSCRIPT
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BHARAT SANCHAR NIGAM LIMITED(A GOVT. OF INDIA ENTERPRISES)
OFFICE OF GENERAL MANAGER TELECOM DISTRICT CHURU-331001
BID DOCUMENT
FOR
UP-KEEP OF BTS
BID NO:- S-4/Tender/Upkeep of BTS/11-12/ 01 dated :-06.08.2011
Office of the General Manager Telecom District
Churu-331001
Signature of Bidder1
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TABLE OF CONTENTS
Section Content Page No.
I Notice Inviting Tender 3
II Instruction and General Guidelines to Tenderer. 4-9
a. Submission of Bid
b. EMD & SD
c. Bid Validity
d. Paymentse. Disputes Arbitration & Terminations
III Special Conditions of Contract 10-15
a. Scope of Works
b. Penalty Clauses
c. Bidding Process & Evaluations
d. Award of Works
e. Labor Welfare & compensations
f. Certificate
IV Formats for Bidders 16-19
a. Profile for Bidders
b. Letter for Submission of Bid
c. Letter of Authorization
V a. Agreement 20-25
b. check list 26
VI Financial-bid (Price Schedule) 27-29
VII Details of BTS Sites 30
Signature of Bidder2
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Section - I
NOTICE INVITING TENDER
Sealed ( with packing PVC Tape/ Wax sealed) tenders are invited by GMTD Churu (Rajasthan) on
behalf of BSNL for Up-keep of BTS infrastructure items like WAC/ split ACs, Battery Sets,
Power Plants & DG Sets and their Operations on Day to Day basis installed at non BSNL/BSNLsites of GSM Mobile Base Transmission Stations (BTS) of Churu SSA1. Eligibility Conditions
a. The bidder should have experience of successfully installing/operation/maintenance or
running/watch & ward of Engine-Alternator of ratings 10 KVA and above for at least two years in
BSNL/MTNL or any other PSU of central or state government. The Annual Turn Over of the firm from all
sources during each of the last two financial years should be at least Rs.10 lac. A certificate from a registered
Chartered Accountant or from Sales Tax/Trade Tax authorities in this regard shall be required to besubmitted along with bid Bids without duecertificate shall be liable for rejection.
b. Document to be submitted with the bid: The bidder will submit the following documents in addition the
document mentioned in the check list:-(i) The prospective bidder should have valid service/trade tax registration with
government.
(ii). All the documents must be self attested(iii). EPF registration
(iv). Self Attested Copies of Partnership deed, in case of partnership firm
(v) Original power of attorney in case person other than the Bidder signs
the Bid document.
(vi) Attested copy of PAN No.
2. Schedule for invitation of the Bid
(a) Bid No:- S-4/Tender/Upkeep of BTS/11-12/01 dated :- 06.08.2011
(b) Sale of Bid forms: - Bid forms can be had from the Office of SDE (Plg.) O/o GMTD, Churu on any
working day between 11.00 hrs to 15.00 hrs. up to 15.09.2011on production of receipt in original for
payment of Rs. 500+25(ST)=525/- to AO ( cash) O/O GMTD Churu. Bid document can also be down
loaded from Rajasthan BSNL Portal (www.rajasthan.bsnl.co.in). However, in case of downloaded
document the bidder has to deposit cost of bid either in the form of cash or DD drawn in favour of
account officer cash O/o GMTD Churu or the DD as the case may be, in original, should be submitted withthe bid.(c) Submission of Bid Form Up to 14:30 Hrs. on 16.09.2011.
(d) Opening of Bid At 15:00 Hrs. on 16.09.2011
(e) Venue of Opening Bid O/o AGM-I (Planning), O/o GMTD Churu
(f) Estimated cost Rs. 1685664.00(g) EMD Required Rs. 42142.00
Note:- Bids received after due date and time shall not be entertained under any circumstances The
GMTD Churuon behalf of BSNL reserves the right to reject any or all Bids without assigning
any reasons whatsoever. It is also not binding upon him to accept the lowest bid. Any discrepancyfound in the downloaded tender document submitted by the tenderer compared to uploadedtender document, the tender document uploaded by the BSNL will be treated as valid and anychanges (found in the tender document submitted by the tenderer) at any stage, will be treated asfraud done to the BSNL, and will be liable to cancellation of agreement done (if any) andappropriate action will be taken against the tenderer.
The tender, which is not accompanied by the requisite Bid Security (i.e.EMD), or theproof of payment of cost of bid document shall be summarily rejected as non responsive. Tenderwill not be accepted / received after expiry of date and time The GMTD Churu reserves the rightto reject any or all tenders without assigning any reasons what-so-ever.
AGM-I (NWO-Plg-CFA),
Signature of Bidder3
http://www.rajasthan.bsnl.co.in/http://www.rajasthan.bsnl.co.in/ -
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O/o GMTD, Churu
Section - IIInstructions and General Guidelines to Bidder
1.0 Submission of Bid
1.1 The Bid is to be submitted in wax sealed envelop or sealed with adhesive
tape as per details given below:
1.1.1 The 1st Envelope is marked with Technical Bid and
contains the following items:
1.1.1.1 EMD(Cash Receipt or Demand Draft)
1.1.1.2 Clause by clause compliance of the bid conditions in
prescribed format for the clauses, defined in various
Sections of the bid document duly signed by bidder Or
his/her authorized representative1.1.1.3 Self Attested Copies of Partnership deed, in case of
partnership firm
1.1.1.4 Original power of attorney in case person other than
the Bidder signs the Biddocument.
1.1.1.5 Requisite experience certificates as per eligibility
criteria in Prescribed Format on Company
( Issuing Agency) Letter Head.
1.1.2 The 2nd Envelope marked with Financial Bid and containing
the Price Schedule(s) (A,B and C) intact with complete Bid
Document (With signature & seal of the Bidder on each page).
1.1.3 The two envelopes with clear marking of Technical Bid andFinancial Bid are to be placed inside an Outer Envelope
and properly sealed (sealed with WAX or with adhesive tape).
The Bids received in covers not properly sealed (sealedwith WAX or with adhesive tape) shall not be opened or
considered.1.1.4 The Outer Envelope should bear the following: Bid for Up-keep of
BTS infrastructure and Operations of DG sets & ACs Bid No.-
S-4/Tender/Upkeep of BTS/11-12/01 dated :- 06.08.11The full name and address of the Bidder should be written on the
bottom left cornerof each of the envelope i.e., Technical Bid,Financial Bid and Outer Envelope.
1.2 Bids are to be submitted in person, in the Bid Box placed in the
chamber of AGM-I (Planning) O/o GMTD Churu (Rajasthan).
1.3 The tender document shall not be sent through the post / courier. The
tenders received through post / courier shall not be entertained
1.4 The Bidder or his authorized signatory should certify and affix his
signature and firms seal on each & every page of the Bid Document
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on the place specified and return it in original along with his offer, as a
token of his acceptance of each of the conditions specified in the Bid
document.
1.5 In case of any deviation / change in originally submitted bid
document post facto offer submitted shall be liable for rejection
1.6 Technical & Financial Bids should be placed in separate envelopewith clear marking. Financial Bid shall be opened only for the
bidders who are found successful in technical bid evaluation.
1.7 Sites may be changed as per actual requirement. GMTD Churu reserves
the right to change any site.
1.8 The tender document can be downloaded from our website
(www.rajasthan.bsnl.co.in ) and downloaded document can be used for
quoting the tender. The tenderer shall submit the downloaded original
computer printout of the document from website. The photo copy shall
not be accepted. If during the process of tender finalization, it is
detected that tenderer has submitted tender documents after having any
changes / additions / deletions in the tender document downloaded fromthe website the offer shall be summarily rejected and the EMD
deposited by tenderer shall be forfeited in addition to any other action as
per prevalent rules
1.9 If during the process of tender finalization it is detected that the tenderer
has submitted false or fabricated supporting documents the offer shall
be summarily rejected and the EMD deposited by the tenderer shall be
forfeited in addition to any other action as per prevalent rules.
1.10 Bidders are advised to inspect and examine the sites and their
surroundings and satisfy themselves before submitting their tenders as
to the form and nature of the site, the means to access the site, theaccommodation they may require and in general shall themselves obtain
all necessary information as to risks, contingencies and other
circumstances which may influence or effect their tender. A bidder shall
be deemed to have full knowledge of the sites whether he inspects them
or not and no extra charges consequent on any misunderstanding or
otherwise shall be allowed.
2.0 Earnest Money Deposit (EMD) :
2.1 Earnest Money shall be paid as mentioned in NIT.
2.2 EMD shall be paid in cash or in the form of Bank Draft from any Schedule
Bank, payable at Churu, in favor of Accounts Officer (Cash), O/o GMTD
Churu (Rajasthan)No interest shall be allowed on the EMD to the Bidder.2.3 The EMD of Unsuccessful Bidder will be refunded within reasonable time
after finalization of the Bid, normally within three months from the date of
opening of Bids.
3.0 Security Deposit (SD) :
3.1 With in the prescribed time from receipt of notification of acceptance
the successful tenderer has to deposit 10% of approved cost of tender
as SD through Cash/DD/BG in favor of A.O. (Cash) BSNL O/o GMTD
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Churuafter adjusting EMD submitted during Tender.
3.2 The bank guarantee, in case the SD is submitted in the form of BG, should
be valid for a period of at least 18 months from the date of signing the
agreement.
3.3 Security Amount deposited in this office for any other Bid will not be
adjusted against this Bid.3.4 The security deposit shall be refunded after three months of the
successful completion of the contract and subject to full and final
settlement of the bill for the services.
3.5 No interest shall be payable on the security deposit or any amount
payable to the contractor under the contract.
4.0 Scope of Work:
4.1 The successful bidder would be required to perform the BTS up-keep work
at all the Non BSNL BTS sites/BSNL Sites (depending upon the work
order).
4.2 Award of work may be done by DE (Plg.) of the SSA or any authorized
representative of BSNL as decided by GMTD Churu (Rajasthan) aftersuccessful execution of Agreement and depositing due security
amount/performance bank guarantee.
4.3 The bidder shall have to get these jobs executed by independent
teams of skilled persons who should be trained in the jobs to be handled.
4.4 The bidder will have to ensure accessibility of the required personnel
round the clock for avoiding any interruption of service because of
non performance of these activities. The contact details of designated
persons shall be required to be submitted at the time of agreement.
4.5 The personnel deployed should be sufficiently trained/ qualified to
handle assigned jobs up to desired standards. Cost of training towardshandling of jobs shall be responsibility of bidder
4.6 Scope of the work is further elaborated in Section-III of the bid
conditions.
5.0 Letter of Intent:
5.1 The successful Bidder shall be issued letter of intent (LOI) or Advance
Purchase Order (APO). He/She shall have to give his unconditional
acceptance with in 10 days of issue of LOI along with Security deposit as
per Bid conditions LOI/APO.
5.2 After submission of above documents, BSNL will enter in to
contract agreement with the Bidder (as per section -VI).
5.3 If he fails to comply all provisions of LOI with in 10 days as per above-mentioned guidelines BSNL shall reject his bid and shall be entitled to
forfeit his EMD money.
6.0 Rejection of Bids:
6.1 GMTD Churu (Rajasthan) reserves the rights to accept or reject any Bid full
or part without assigning any reason.
6.2 Incomplete / Conditional Bids and Bids without EMD shall be rejected.
6.3 Any Bid / offer not submitted, as required in the bid document, is liable to
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be rejected.
6.4 The Bidder should certify and affix his signature and firms seal on each &
every page of the Bid document on the place specified and return it in
original along with his offer, as a token of his acceptance of each of the
condition specified in the Bid document. Unsigned Bids shall not be
accepted.6.5 Tempered Bid documents are liable to be rejected6.6 Canvassing whether directly or in directly in connection with tender is
strictly prohibited and the tender submitted by the contractor who resort tocanvassing will be liable to rejection.
7.0 Validity
7.1 The offer of Bidder shall remain valid for acceptance up to a period of 180
days from the date of opening of Bid (opening date inclusive).
7.2 The approved rate shall remain valid for a period of one year, from the
date of signing of agreement. However BSNL reserves the right to extend
it further for a period of one year or part thereof on same terms and
conditions.7.3 If the performance of the bidder is not satisfactory then the agreement can
be terminated by BSNL after giving one months notice.
8.0 Payments
8.1 After successful execution of works as per agreement, payments shall be
made on monthly basis.
8.2 Labour license: The bidder shall have to submit copy of labour linces at
the time of first bill. No payment shall be made till copy of labour license
is submitted by the contractor
8.3 Bills duly certified by Divisional Engineer/ SDO concerned of SSA or
any other Officer of equivalent level designated by SSA Head dulycountersigned by their controlling officers in charge of operation and
maintenance of Mobile BTS is to be submitted in duplicate copies to the
SDE (Planning) O/o GMTD Churu (Rajasthan) for processing them further
for payments.
8.4 Necessary deductions of the duties and Taxes as per prevailing rules of
Government of India shall be made from the bills while making payments
8.5 Further deduction of penalty, if any, shall also be made from the bills.
8.6 Payments shall be released only after approval of SSA Head.
9.0 Penalty
9.1 In case of non execution or delayed execution or partial execution of any
or all assigned works, penalties shall be imposed as per details given inSection III of bid document.
10.0 Turn Around Time for deployment of Laborer/ manpower
10.1BSNL reserves the right to add or delete any number of sites included in
the bid as per its operational requirement.
10.2 In case of addition of new BTSs, bidder has to deploy / rearrange his man
power resources to meet out requirements at these new stations, with in 72
hrs from the date of firm order .All such BTSs will also be covered under
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the contract under the same terms and conditions as in initial contract.
10.3 However in case of bulk addition of Sites (more than 50% of the quantity
of work order) it shall not be binding on BSNL to award work of all or
any additional BTS/BTSs.10.4 Agreement shall be drawn with the successful tenderer on prescribed Format, as per
section V. Tenderer shall quote his rates as per various terms and conditions of thetender document, which will form part of the agreement.
11.0Disputes & Arbitration Clause11.1 In the event of any question, dispute or difference arising under the
agreement or in connection there with (except as to the matters, the decisionto which is specifically provided under this agreement), the same shall be
referred to sole arbitration of CGMT of Bharat Sanchar Nigam limited
(BSNL) of the Rajasthan telecom circle ,Jaipur or any other person appointedby him. In case his designation is changed or his office is abolished then in
such case to the sole arbitration of the officer for the time being entrusted
whether in addition to the function of the CGMT or by whatever designation
such officers may be called (hereinafter referred to as the said officer). In theevent of such Arbitrator to whom the matter is originally referred to vacates
his office on resignation or other wise or refuses to do work or neglecting his
work or being unable to act as Arbitrator for any reasons whatsoever, theCGMT of BSNL shall appoint another person to act as Arbitrator in the place
of outgoing Arbitrator and the person so appointed shall be entitled to
proceed further with the reference from the stage at which it was left by thepredecessor and that the award of the arbitrator shall be final and binding on
both the parties. The adjudication of such Arbitrator shall be governed by the
provisions of the Arbitration and Conciliation Act 1996, or any statutorymodification or re-enactment there of or any rules made thereof.
11.2 There will be no objection to any such appointment on the groundthat the ARBITRATOR is government servant or BSNL employee, if
however, the arbitrator is a government servant or BSNL employee,
he will not be one who had an opportunity to deal with the matter
to which the agreement related during the course of his duties and he
has expressed his view, on all or any of the matter in dispute or difference.
11.3 The arbitrator may from time to time with the consent of parties enlarge the time formaking and publishing the award, Subject to aforesaid Indian Arbitration and
Conciliation Act 1996 and the rules made there under, any modification thereofforthe time being in force shall be deemed to apply to the arbitration proceeding
under this clause.11.4 The venue of the arbitration proceeding shall be the office of the Chief General
Manager, Rajasthan Telecom Circle or such other places as the arbitrator maydecide. The following procedure shall be followed:
11.5 In case parties are unable to reach a settlement by themselves, the disputeshould be submitted for arbitration in accordance with contract agreement.
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11.6 There should not be a joint submission with the contractor to the sole Arbitrator.11.7 Each party should submit its own claim and may oppose the claim put
forwarded by other party.11.8 The onus of establishing his claims will be left to the contractor.11.9 Once a claim has been included in the submission by the contractor, a reiteration
or modification thereof will be opposed.
11.10 The points of defense will be based on actual conditions of the contract.11.11 Claims in the nature of ex-gratia payments shall not be entertained by the
arbitrator as these are not contractual.11.12 The question whether these conditions are equitable shall not receive any
consideration.11.13 If the contractor includes such claims in his submission, the fact that they are not
contractual will be prominently placed before the Arbitrator.
11.14 That in case of any dispute under this agreement the courts at Churu alone will
have the exclusive jurisdiction.The award of the sole Arbitrator shall be final and binding on all the partiesto the dispute
12.0Termination
The BSNL reserves the right to revoke the agency at any point of time on the
breach of any terms and conditions contained in bid/ agreement therein by giving a
seven days notice. Notwithstanding any thing contained anywhere else in the
agreement; BSNLs decision shall be final and binding in this respect.
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Section-III
SPECIAL CONDITIONS FOR THE TENDERER
Scope of the work and special conditions for the tender1.0 Scope of work under Up-keep of BTS infrastructure items and operations
of DG sets & ACs on day to day basis broadly (not limited to the list
indicated below only) covers :-
1.1 Cleaning of BTS equipment, power plant, electrical panel, DG sets, batteries,
oil tanks and shelter and BTS premises etc on day to day basis. BSNL
shall provide due cleaning material and required tools in this regard.
1.2 Routine operation of air conditioners, Engine Alternator, A/C controllers,
tower lights (if installed) and stabilizers etc.
1.3 Upkeep of AMF panels, DCDB, Servo stabilizers, MCBs, commercial
energy supplies and power cables.1.4 Topping up of DG batteries, its cleaning and applying petroleum jelly on
terminals Material required in this regard shall be provided by BSNL.
1.5 Extending due help in replacement of fuses, MCBs, contactors, relays,
electrical fittings, switches etc.
1.6 Extending due help in replacement of DG fuel pipe, air and fuel filters,
lubricating oil etc.
1.7 Extending due help in attending faults related to infrastructure as reported
from OSS.
1.8 Extending due help in attending electrical wirings/ jumpering faults asand when required.
1.9 Extending due help & pursuance with commercial/ electric authorities for
collection and payment of electricity bills and restoration of electricity incases of break down of power supply.
1.10 All consumables required shall be supplied by BSNL
1.11 Arranging transportation and filling of diesel in DG sets (which may beLocated at roof top also). Transportation and diesel cost will be bone by
BSNL.
1.12 Ensuring security and safety of BTS equipment and all other associated
equipment and infrastructure items installed at the station.
1.13 Ensuring lighting of aviation lights during evening/night to avoid aviation
hazards
1.14 Immediate reporting of faults and/or any untoward incidence, if occurred atthe station to the designated BSNL officer with in prescribed time period .
1.15 Submission of monthly feedback report to concerned DE/SDE in the
performa specified at the time of agreement.
1.16 The representative of the contractor shall be required to fill log book
provided by BSNL at the respective sites. The logbooks shall have the data
/records in respect of inventory at site, day to day operations of DG sets,
details of activity performed by BSNL or contractors representatives at
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site and it shall be responsibility of contractors representative for safe
custody of logbooks and produce the same as and when demanded by
BSNLs representative
2.0 PENALTY CLAUSE:2.1 Penalty shall be imposed in case of non or partial or delayed
performance of works with in stipulated time frame as per details givenbelow.
2.1.1 Penalty shall be charged on the basis of improper upkeep of stationwhich includes no or improper cleaning, loss of any material
on account of negligence by representative of the bidder at the
station or improper operation of DG sets & Air Conditionersand other electrical appliances installed at the station, resulting
in unforeseen break down of systems or failure of equipment/
appliances etc.
2.1.2 The rate of penalty for improper up-keeping of station and
installed items, not resulting into break down of services or
performance of any item shall be charged@ Rs.100/- per dayfor that BTS for improper up keeping.
2.1.3 In the event oftotal breakdown or non availability of services
due to non performance of duties or improper handling of
equipments installed at the station by the bidders representativepenalty shall be charged @ Rs. 500/- per occasion for eachstation. If the individual site remains interrupted for more
than 7 days in a month then no upkeep charges will be
paid for that month against that site and a penalty is also be
liable in addition as mentioned above.
2.1.4 In case of dispute regarding deciding reasons for total
breakdown of the station or any of its item such as DG set/ACs and Power Plants on account of failure or mistake by
day to day operation/ up-keeping staff, decision of the GMTD
Churu ( as the case may be)shall be final and binding on thetenderer.
2.1.5 In case of total damage or loss of equipment due to improper
handling or negligence of the contractor, contractor shall beliable to pay the cost of damaged/lost equipment or actual cost
of restoration of equipment done either by AMC vendor or any
other agency engaged by BSNL in this regard.
2.2 Penalty for delayed or partial performance of work shall be charged @ 10%
cost of work order for each BTS for that month. However, in case of
partial performance of work, BSNL reserves the right to get work done byusing its own resource or engaging out side agency and cost incurred
towards such activity/activities shall be borne/ recovered by/from the
contractor
2.3 Time for the delay in performance shall be counted based on timeschedules defined in the work order.
3.0 PAYMENTS: As per details given in clause no. 8 of section II of bid document
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4.0 BIDDING PROCESS & ITS EVALUATION:
4.1 There will be two stage biddings. Technical bids shall be opened first
and bidders who are found eligible in technical bid evaluation shall beconsidered for opening of their financial bids.
4.2 Selection of the bidder shall be done based on their price ranking
arrived in evaluation of the financial bids.5.0 AWARD OF WORK5.1 Work shall be awarded to successful bidder after signing of agreement
and depositing of performance security amount, as indicated in LOI.
The award of work shall be done broadly as per details below.
5.2 Work can be awarded between two or more bidders at L-1 rate at thediscretion of GMTD, Churu.
6.0 Damage/Loss of Property :If damage/loss of any equipment or installations at the
premise of BSNL/ NBSNLBTS site is done by contractors representative dueto improper handling or negligence, the cost towards recovery of the said
equipment/installations & loss of revenue (if any), due to non-operation of
damaged/lost equipment/installations shall be borne by the contractor.7.0 The Contractor shall not engage any BSNL employee (Regular/Casual) for getting
his job executed. If at any stage it is found doing so, then the GMTD Churu
has the right to impose any suitable penalty even to the extent of termination
of the contract leading to the forfeiture of security money.
8.0 The BSNL shall not take any responsibility of providing any facility to the
labourers employed by the contractor. BSNL shall not supply any support
material for the livelihood of person employed at the stations, except thoserequired for day to day operation & up-keep of station
9.0 The bidder shall be responsible for the safety & security of their employees and
also the equipment installed at the station. In case of any damages to BSNL
property the same shall be charged as per penalty conditions defined in clauseno.2.15 above.
10.0 In case of non or partial/ unsatisfactory performance of the work, BSNL reserves the
right to carry out any work in part or full through department or through any othercontractor/agency. Expenditure if any, towards execution of such work shall be
recovered from contractor
11.0 Workmens Quality/Skills & Team formation
11.1 Contractor shall deploy skilled work force having basic knowledge of
operations of DG sets (15 KVA & above capacity) and Air-conditioners
(both Window and split) and should be capable of maintaining a logbook as per requirement at the site.
11.2 There shall be proper supervisory control over the different teams
deployed by the Contractor for maintenance of BTS . The Contact detailsof supervisors (mobile number and address of work place & residence etc)
need to be supplied at the time of agreement. It shall be desirable to
deploy supervisors having diploma degrees in Electrical/Electronic
Engineering.
11.3 It shall be responsibility of the supervisor to send weekly schedule for
deployment of work force to the respective BSNL Site Incharges, before
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deploying them actually at any site. Sites getting unattended due to non-
availability of work force shall amount non performance of job and due
penalties shall be levied as per penalty clause mentioned in para 2.0
11.4 Contractors representative at site shall be responsible for reporting of any
fault or unwanted activity or malfunctioning of any equipment to BSNL
Site Incharge, as far as possible immediately, but not exceeding twohours in any case. The details of procedure for escalation of various
nature of faults/ problemsshall be given by BSNL at the time of agreementof contract.
12.0Labour Welfare & Compensations12.1Contractor shall be responsible for all the claims of the labouerers
engaged by him for upkeep and operations at BTSs including their
registrations with nearest labor office (if required as per law) and insurance
in accordance with norms of Government of India in this regard. BSNLshall not be responsible for any claims on this matter during and after
contract period.
12.2 Contractor shall be solely responsible for following all provisions oflabor laws and compensation in this regard, if any, due to not following of
certain provisions of the labor laws, shall be paid by the contractor. BSNL
shall not be responsible in this regard.
12.3 Any failure to fulfill the requirement shall attract the penal provisionsof this contract arising out of the resultant non execution of the work.
12.4 No labor below the age of eighteen years shall be employed on the
work.
13.0 EPF PROVISIONS :The agency has to comply with the provisions of EPF and
miscellaneous provisions ACT 1952 and employees provident fund scheme 1952 as
amended up to date in respect of laborers / employees engaged by them for this work.
Any consequence arising due to non complying of provisions as specified above shallbe the sole responsibility of the firm/contractor only.
14.0 Other laborers welfare measures
14.1The contractor shall implement the labor welfare measures enunciated inclause 19B, 19C, 19E, 19G, 19H, 19L and 19J of the conditions contained in
the PW 8.
14.2 The contractor shall also follow the safety methods enunciated in theCPWD safety code.
14.3The contractor shall comply with all the provisions of the Minimum
Wages Act, 1948, Contract Labor (R & A) Act, 1970 and rules framed andother labor laws affecting contract labor that may be brought into force from
time to time.
14.4 Even during the arbitration, the work can not be stayed because it pertains tothe essential public utility service. The BSNL reserves the right to get the
work completed either departmentally or through any other contractor at the
risk and cost of contractor.
14.5 If the contractor refuses for executing any specified work, the BSNLreserves the right to get the work done by other agencies even at higher
rates and the difference of the cost will also be deducted from the contractors
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pending bills or security money, as the case may be.
15.0 PARTICIPATION OF NEAR RELATIVES OF THE B.S.N.L.EMPLOYEES IN THE TENDER :
It has been decided that the near relatives of all B.S.N.L. Employees eitherdirectly recruited or on deputation are prohibited from participation in tenders for
execution of works in the different units of BSNL. The detailed guidelines in this
regard are given in the following paragraphs.i) The near relatives for this purpose are defined as :
a) Members of a Hindu Undivided Family.
b) Husband and wife
c) The one who is related to the other in the manner as father, mother, son(s) &
Sons wife (daughter-in-law), Daughter(s) & daughters husband (son-in- law),brother(s) & Brothers wife, Sister(s) & Sisters husband (Brother-in- law).
ii) As per Government of Indias CCS Conduct rule 4 no Government servant shall
in the discharge of his official duties deal with any matter or sanction anycontract to any company or for any other person if any member of his family is
employed in that company or firm or under that person or if he or any member of his
family is interested in such matter or contract in any other manner and the
Govt. Servant shall refer every such matter or contract to his official superior.This clause is applicable to all B.S.N.L. employees and in view of this as soon as any
BSNL employee becomes aware of the above aspect, he must intimate this to the
prescribed authority. For non executive employees this authority is SSAHead/Circle Head/Chief Engineer/Chief Arch./ Corporate office under whom he is
posted. For executive employees (at present some of them are called as Gazetted
Officers) the prescribed authority for this purpose is Circle Head Chief
Engineer/Chief Arch./ Corporate office under whom he is posted.iii) The Company or firm or any other person is not permitted to tender for works in
BSNL Unit in which his near relative(s) is (are) posted. The unit is defined
as SSA/Circle/Chief Engineer/Chief Arch./Corporate office for executiveemployees (including those called as Gazetted Officers at present). Therefore, it
has been decided by the competent authority that a clause must be added in
the tender and other related documents that the tenderer should give a certificate thatnone of his/her such near relative is working in the units as defined above where he is
going to apply for tender/work. In case of proprietorship firm certificate will
be given by the proprietor, for partnership firm certificate will be given by allthe partners and in case of limited company by all the Directors of the company. Any
breach of these conditions by the company or firm or any other person, the
tender work will be cancelled and earnest money/security deposit will be forfeited atany stage whenever it is noticed and BSNL will, not pay any damages to the
company or firm or the concerned person. The company or firm or the person will
also be debarred for further participation in the concerned unit.
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Certificate
I _____________________________ S/o _________________________
resident of _______________________________________________________hereby certify that none of my relative(s) as detailed below are employed or ondeputation in BSNL(C.G.M.Rajasthan Telecom circle). In case at any stage it isfound that information given by me/us is false/incorrect BSNL shall have theabsolute right to take any action as deemed fit/without any prior intimation tome/us.
Relative for this purpose are defined as:-(i) Member of Hindu Undivided family.(ii) They are husband and wife.(iii) The one is related to the other in the manner as father, mother,
son(s) & sons wife (daughter in law), daughter(s), daughtershusband (son in law) & brother(s) & brothers wife, sister(s) &sisters husband (brother in law)
To be signed by:-
(a) Signature of Proprietor in case of Proprietorship Firm.
..
(b) Signature of all partners in case of Partnership Firm.
(i) .
(ii) .
(iii) .
(iv) .
(c) Signature of all Directors of Company in case of Ltd. or pvt.
Ltd. Company.
(i) .
(ii) .
(iii) .
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(iv) .
Section IV
TENDERERS PROFILE
General :
1. Name of the tenderer/ firm________________________________
2. Name of the person submitting the tender whose Photograph is affixed
Shri/Smt._______________________________________________
(In case of Proprietary/ Partnership firms, the tender has to be signed by
Proprietor/ Partner only, as the case may be)
3. Address of the firm
.
.4.Telegraphic Address
.
5.Tel.no.(withSTDcode)(O)..(Fax)[R]
6. Registration & incorporation particulars of the firm :
i) Proprietorship
ii) Partnership
iii) Private Limitediv) Public Limited
(Please attach attested copies of documents of registration/ incorporation of your
firm with the competent authority as required by business law)
7. Name of Proprietor/ Partners/ Directors
8. Tenderers bank, its address and his current account number
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Passport sizephotograph of the
tenderer/authorized
Signatory holding
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9. Permanent Income Tax number, Income Tax circle..
.
(Please attach a copy of last income tax return)
12. Details of Technical and supervisory Staff :
I/We hereby declare that the information furnished above is true and correct.
Place :
Date :
Signature of tenderer/Authorized signatory.
Name of the tenderer
Seal of the tenderer
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BID FORM
Name of SSA: Churu
Tender No. S-4/Tender/Upkeep of BTS/11-12/01 Dated: 06.08.2011
To
GMTD Churu
Dear Sir,Having examined the terms & conditions of contract and specifications , the receipt of
which is hereby duly acknowledged, we, undersigned, offer to take up the work of Up-
keep of BTS infrastructure items like WAC/ Split AC and Operations of DG/ACs sets on
day to day basis including its safety, in conformity with the said conditions of contract
and specifications for the rate mentioned in financial bid.We undertake, if our Bid is accepted to conduct the said work as specified in the contract
within time schedule prescribed in the tender, from the date of issue of your confirmedwork order.
If our bid is accepted, we will obtain the guarantees of a scheduled bank in a sum equal to
10% of the contract sum for the due performance of the contract.We agree to abide by this bid for a period of 180 days from the date fixed for bid opening
and it shall remain binding upon us and may be accepted at any time before the expiry of
that period.Until a formal work order of contract is awarded and executed, this bid together with your
written acceptance thereof in your notification of award shall constitute a binding contract
between us.Bid submitted by us is properly sealed and prepared so as to prevent anysubsequent alteration and replacement.
We understand that you are not bound to accept the lowest or any bid, you may receive.
Dated this..........................day of ........................ 2011Signature of ............................................
In capacity of ....................................................
Duly authorised to sign the bid for and on behalf of ..........................
Witness ...................................
Address ..................................Signature .................................
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FORMAT OF LETTER OF AUTHORISATION FOR
ATTENDING BID OPENING
Subject: Authorization for attending bid opening on _______________(date) in the tender
of _____________________________________________________________.
Following persons are hereby authorised to attend the bid opening for the tendermentioned above on behalf of ___________________ (Bidder) in order of preference
given below.
Order of Preference Name Specimen Signatures
______________________________________________________________
I
II
AlternateRepresentative Signatures of bidderor
Officer authorised to sign the bid
documents on behalf of the bidder.
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Section-V
AGREEMENT(Format)
This agreement is made on the ___________ day of ____________ 2011 between
BSNL, a Company registered under the Companies Act, 1956 and having its
Registered Office at Harish Chandar Mathur Lane, New Delhi, through its Office in
Rajasthan Telecom Circle O/o GMTD Churu (Rajasthan) , hereinafter called BSNL
(which expression shall unless repugnant to the context and meaning shall deem to
mean and include its successors and assigns) as the first party
And
M/s _____________________________________, a Company registered under the
Companies Act / a Partnership firm constituted having its place of business/ registeredOffice at _________________________________.
Herein after referred to as BTS Upkeep Contractor (which expression shall unless
repugnant to the context or meaning thereof shall deem to mean and include
its/his/her/their respective heirs, executors, administrators and successors/ the
partner(s) for the time being of the said firm, the survivor(s) of them and the
executors, administrators and successors of the surviving partners as the case may be)
as the second party.
WHEREAS:
BSNL is, inter-alia, engaged in the business of providing cellular mobile telephone
services in the service area all over the country (except jurisdiction of BSNL) as
provided in the license issued to it by the Department of Telecommunications, Govt.of India.
For the BTS Upkeep, BSNL in Churu SSA requires specialized services of agencies,
which can carryout the above functions.
The BTS Upkeep Contractor has represented to BSNL that it has the requisite skills,
knowledge, experience, expertise, infrastructure and capability to act as a BTS
Upkeep Contractor and that it has trained and experienced persons having requisite
skills, knowledge to perform the functions in accordance with the terms of this
agreement. After evaluation of the agency on the basis of their presentation and
negotiation further and the financial bid submitted by them under sealed tender and
further negotiations. BSNL has agreed to accept the offer of the BTS Upkeep
Contractor on the terms and conditions contained in this agreement.
The parties hereto agreed to record the terms and conditions as follows:
NOW THEREFORE THIS AGREEMENT WITNESSETH AS FOLLOWS:
1. APPOINTMENT AND SCOPE OF WORK:
Whereas the contractor has made the offer to duly perform the work under this
contract of the BTS UP-Keep for BSNL Mobile Services Network Rajasthan
Telecom Circle, SSA Churu after making himself aware and understanding
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fully the implications of the terms and conditions and specifications in the
contract and related documents. The NIT, Tender document, Letter of
Intent & any subsequent direction given by BSNL to BTS Upkeep
Contractor shall form integral part of this agreement. BSNL has agreed to
appoint the BTS Upkeep Contractor on contract basis. BTS Upkeep Contractor
has agreed to act as such on the terms and conditions as specified in thisAgreement. BSNL shall from time to time issue guidelines as to the manner in
which the BTS Upkeep Contractors duties and obligations under the
Agreement shall be performed and the BTS Upkeep Contractor shall ensure
strict compliance of the guidelines. BSNL at its own discretion may carryout
the certain percentage of work by themselves.
2. PERIOD: The Agreement shall be valid for a period of 12months from the date
mentioned hereinabove, unless otherwise terminated by BSNL as provided under
this Agreement. Further extension for One year on performance shall be at the
sole discretion of BSNL and on the terms and conditions to be decided by BSNL.
The decision of BSNL in this regard shall be final & binding.
3. FEES AND CHARGES:
a. Fees and charges for the services rendered are prescribed in annexure-
I to this agreement.
b. All the payments to the BTS Upkeep Contractor shall be made after
making statutory deductions, if any, under the relevant laws. BSNL
shall also have the right to set off, deduct and recover from the fees and
charges and/or from any other sum payable to the BTS Upkeep
Contractor, any and all amounts which may be or become payable by
the BTS Upkeep Contractor to BSNL.
4. AGENCYS REPRESENTATIONS AND WARRANTIES BY AGENCY:
The BTS Upkeep Contractor hereby represents, warrants and confirmsthat:-
4.1 It has full capacity, power and authority to enter into this Agreement
and during the continuance of this agreement, will continue to have full
capacity, power and authority to carry out and perform all its duties and
obligations as contemplated herein. It has already taken and will and
continue to take all necessary and further actions (including but without
limitations the obtaining of necessary approval/consents in all
applicable jurisdictions) to authorize the execution, delivery and
performance of this Agreement.
4.2 It has the necessary skill, knowledge, experience, expertise, adequate
capital and competent personnel, system and procedures, infrastructureand capability to perform its obligations in accordance with the terms
of this Agreement and to the satisfaction of BSNL.
4.3 The execution of this Agreement and providing services by the BTS
Upkeep Contractor to BSNL, does not and will not violate, breach and
contravene any condition of any agreement entered with any third
party/parties.
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4.4 It has complied with and obtained necessary permissions/ licenses/
authorizations under the Central, State and Local authorities and
obtained all required permissions/licenses for carrying out its obligation
under this Agreement.
5. BTS UPKEEP CONTRACTORS COVENENTS: The BTS Upkeep
Contractor hereby agrees, undertakes and confirms as under:-5.1 the BTS Upkeep Contractor shall carry out its obligations and functions under
this Agreement strictly in accordance with all the guidelines, instructions,
manuals and procedures etc. (hereinafter referred to as guidelines) prescribed
by BSNL in connection with this Agreement from time to time.
5.2 The BTS Upkeep Contractor shall immediately notify BSNL in writing of any
event which may result in or which may give reason to believe that may cause
work stoppage, slowdown, labor dispute, strike, any labor disruption or any
other impediments or disruptions in the due performance of obligation of the
BTS Upkeep Contractor under this Agreement. The BTS Upkeep Contractor
shall forthwith submit the report of the events resulting in stoppage of work to
BSNL. The BTS Upkeep Contractor agrees that notwithstanding anythingcontained in this Agreement in the event of any of the eventualities mentioned
herein above BSNL shall have a right to terminate this Agreement by giving
seven days notice to the BTS Upkeep Contractor.
5.3 The BTS Upkeep Contractor shall not at any time use or attempt to use
BSNLs name or logo for any purpose including for the purpose of this
Agreement unless specifically authorized by BSNL in writing.
5.4 The BTS Upkeep Contractor shall ensure that its employees/ personnel shall at
all times conduct themselves within the parameters of laws and shall not
commit, abet or permit the commission of any illegal act while working in the
course of this Agreement. In the even of any illegal act being committed orabetted, the BTS Upkeep Contractor shall be liable for all consequences
thereof and BSNL shall not be liable either directly or indirectly.
5.5 The BTS Upkeep Contractor shall obtain all the requisite License/
permission/authorizations from state/ central Government agencies on labor
contract & shall abide by insurance rules in this regard under all the applicable
laws and keep the same valid by renewing from time to time as required under
the various Acts/ Laws.
5.6 The BTS Upkeep Contractor shall maintain all the registers and records
required to be maintained under the various Labor Enactments and Rules
framed there under.
5.7 The BTS Upkeep Contractor shall ensure that no personnel employed by theBTS Upkeep Contractor commits any misconduct or acts in contravention of
any of the provisions of this Agreement or instructions issued by BSNL from
time to time or commits any fraud or is involved in any criminal or civil case.
If any personnel commits any misconduct or is involved in criminal case or is
guilty of acting in contravention of any provisions of this Agreement or any
law, the BTS Upkeep Contractor agrees to indemnify and keep BSNL
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indemnified from the consequences of any such act of the personnel as a result
of which BSNL has suffered or is likely to suffer any loss.
5.8 The personnel employed by the BTS Upkeep Contractor shall not have any
claim whatsoever on BSNL and shall not raise any Industrial dispute, either
directly or indirectly, with or against BSNL, in respect of any of the service
condition or otherwise.5.9 It is further expressly clarified and agreed that in case of death or bodily injury
to any such personnel appointed by the BTS Upkeep Contractor in some
courses of carrying out of the services of this Agreement, BSNL shall not be
liable or bound to pay any monetary compensation or otherwise be responsible
in any way, whatsoever.
5.10 That the BTS Upkeep Contractor shall immediately notify BSNL in
writing if any of its employee or any other person engaged by the BTS Upkeep
Contractor has committed any breach of any of the employment agreement or
has committed any act amounting to moral turpitude or has been arrested by
the police or removed from the employment of the BTS Upkeep Contractor or
committed any act which in the opinion of the BTS Upkeep Contractor affectsthe integrity of the person. BSNL shall have the right to call upon the BTS
Upkeep Contractor to replace any employee/ agent of the BTS Upkeep
Contractor who in the sole opinion of BSNL is jeopardizing the interest of
BSNL and the BTS Upkeep Contractor shall forthwith comply with the
demand of BSNL.
5.11 That the BTS Upkeep Contractor shall procure from its employees for
the time being and from such other staff as BSNL may require, an undertaking
not to disclose to any third party any confidential information or knowledge
concerning the business of BSNL and take such steps at the BTS Upkeep
Contractors own expense as BSNL may direct in order to enforce or retainany breach of the terms of any such undertaking.
5.12 That the BTS Upkeep Contractor specifically covenants that the BTS
Upkeep Contractor and / or any of its employees or any other person
employed by the BTS Upkeep Contractor for the purpose of this agreement
shall not use any illegal or unlawful means in performing its obligations under
this agreement. For any illegal or unlawful means employed by the BTS
Upkeep Contractor and / or any of its employees or any other person the BTS
Upkeep Contractor shall alone be responsible and agrees to indemnify and
keep indemnified BSNL Cellone at all times against any suits, claim, demands,
petitions, actions, proceedings etc filed/initiated against BSNL Cellone by any
person for any reason whatsoever and against any loss, damage, claims, costs,charges, expenses.
5.13 The BTS Upkeep Contractor and its personnel shall not claim any lien
on the amount collected by the BTS Upkeep Contractor even if any amount is
due and payable by BSNL Cellone to the BTS Upkeep Contractor.
5.14 The BTS Upkeep Contractor under-takes to execute such other
documents as may be required by BSNL Cellone.
6. CONFIDENTIALITY AND NON-DISCLOSURE:
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6.1. All details, documents, data, applications, software, systems, papers,
statements, business/customer information and BSNLs practices and trade
secrets (hereinafter referred to as Confidential Information) which may be
communicated to the BTS Upkeep Contractor and/or its employees shall be
treated as absolutely confidential and the BTS Upkeep Contractor irrevocably
agrees and undertakes and ensures that the BTS Upkeep Contractor and all itsemployees shall keep the same secret and confidential and not disclose thesame, in whole or in the part to any person without the prior written
permission of BSNL nor shall use or allow to be used any information
than as may be necessary for the due performance of the BTS Upkeep
Contractors obligation hereunder. The BTS Upkeep Contractor hereby
specifically agrees to indemnify and keep BSNL indemnified, safe and
harmless at all times against all or any consequences arising out of any breach
of this undertaking by the BTS Upkeep Contractor and/ or its employees and
shall immediately, reimburse and pay to BSNL on demand all damages, loss,
cost, expenses or any changes that BSNL may suffer, incur or pay in
connection therewith.6.2. Take all necessary action to protect the confidential information against
misuse, loss, destruction, deletion and/ or alteration.
6.3.Not to misuse or permit misuse directly or indirectly, commercially exploit
the confidential information for economic or other benefit.
6.4.Not to make or retain any copies or record of any confidential information
submitted by BSNL other than as may be required for the performance of the
BTS Upkeep Contractors obligation under this agreement.
6.5.Notify BSNL promptly of any unauthorized or improper use or disclosure of
the information.
6.6. Return all the information, which is in the custody of the BTS UpkeepContractor at the end of the specific assignment.
6.7. The BTS Upkeep Contractor hereby unconditionally agrees and undertakes
that it shall not and that its personnel shall not disclose or publish the terms
and conditions of this agreement or disclose the information submitted by
BSNL under this agreement to any third party unless such disclosure is
required by law.
7. INDEMNITY:
7.1. The BTS Upkeep Contractor hereby agrees and covenants to indemnify and
keep indemnified BSNL against:-
7.1.1. All loss, misappropriations, misuse or damage of or to the documents
of any other security instruments which are in possession of the BTSUpkeep Contractor or its personnel or within the control of the BTS
Upkeep Contractor or its personnel.
7.1.2 contractor shall at all time hold the BSNL harmless and indemnify from andagainst all actions, suits, proceedings, works, costs, damages, charges claimsand demands of every nature and descriptions, brought or procured against theBSNL, its officers and employees and forthwith upon demand and without
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protect or demure to pay to the BSNL any and all losses and damages and cost(Inclusive between attorney and client) and all cost incurred in endorsing this orany other indemnity or security which the BSNL may now or at any time haverelative to the work or the contractor obligation or in protecting or endorsing itsright in any suit on other legal proceeding, charges and expense and liabilitiesresulting from or incidental or in connection with injury, damages of the
contractor or damage to property resulting from or arising out of or in any wayconnected with or incidental to the operations caused by the contractdocuments. In addition, the contractor shall reimburse the BSNL or pay to theBSNL forthwith or demand without protect or demure al cost, charges andexpenses and losses and damages otherwise incurred by it in consequences ofany claim, damages and action which may be brought against the BSNL arisingout of or incidental to or in connection with the operations covered by thecontactor.
7.1.3 The contractor shall at his own cost at the BSNLs request defend any suit orother proceeding asserting a claim covered by this indemnity, but shall not settle,compound or compromise any suit or other finding without first consulting theBSNL.
On behalf of BSNL for ____________
The parties to this agreement have set their hands on the day mentioned herein above.
SIGNED AND DELIVERED by the
within named party i.e. BSNL under the
hands ofShri _______________________________
SIGNED AND DELIVERED by the within named partyi.e. (Name of Company) ______________________Shri ______________________________________
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CHECK LIST
A Envelopes:-
1 All the envelopes are properly sealed with wax or adhesive tape and thereis no sign of tempering of seal
Yes/No
2 Qualifying bid is in separate envelope and marked accordingly with
address
Yes/No
3. Financial bid is in separate envelope and marked accordingly with
address
Yes/no
4. Both bid kept in main envelope, marked as Tender for Up Keep of
BTS in Churu SSA with the address of sender & receiver.
Yes/No
B Qualifying bid:-
5 Cash receipt/DD/Pay order in favor of AO (Cash) O/o GMTD, BSNL,Churu payable at Churu toward cost of tender form if down loaded from
internet, attached.
Yes/No
6 Cash receipt/ DD/Pay order in favor of AO (Cash) O/o GMTD, BSNL,
Churu payable at Churu toward EMD attached
Yes/No
7. Properly filled form and signature/seal on each page Yes/No
8. Copies of following documents duly attested by G.O. / Notary
Public:- enclosed with bid
a) Experience certificate of successfully installation/operation/maintenance
of or running/watch and ward of engine alternator of rating 10 KVA and
above issued by competent authority attached
Yes/No
b) The experience mentioned at (a) above is
(i) in BSNL/MTNL or any other PSU of central or state Govt.(ii) for two years or more
Yes/NoYes/No
c) Annual turn over certificate from all sources during each of the last two
years at least 10 lac issued by CA or Sale tax/Trade tax authorities
attached
Yes/No
d) Attested copy of Service/Trade tax registration with Govt. copy enclosed. Yes/No
e) Attested copy of EPF registration certificate attached Yes/Not
f) Self attested copies of partnership deed in case of partnership firm. Yes/No
g) Original power of attorney in case of person other than thebidder signs the bid document.
Yes/No
h) (i) declaration regarding non working of close relativeenclosed(ii) declaration is signed by proprietor/all directors/allpartners
Yes/No
Yes/No
i) Attested copy of PAN card enclosed Yes/Noj) Certificate of incorporation, if Yes/Nok) Article of memorandum of Association or partnership deed
encloesdYes/No
C Financial Bid :-
9. Properly filled form and signature/ seal on each page Yes/No
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10. Rates are properly quoted in figures and words Yes/No
Form No.______________________
Cost of Tender Form____________Issue of M/s___________________
_____________________________
______________________________
FINANCIAL BID
Tender For UP-KEEP OF BTS
works in Churu SSA
Name of Section CHURU SSA
Tender No.:- S-4/Tender/Upkeep of BTS/11-12/01 dated :- 06.08.2011
BHARAT SANCHAR NIGAM LIMITED( A GOVT. INDIA ENTERPRISES)
Hkkjr lapkj fuxe fyfeVsM
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