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                    BHARAT SANCHAR NIGAM LIMITED
                                (A Govt. of India Enterprise)
            OFFICE OF GENERAL MANAGER TELECOM DISTRICT
                                  JHUNJHUNU-333008




                          BID DOCUMENT TENDER FOR
             SUPPLY OF RCC CIRCULAR/ SEMI- CIRCULAR PIPES AND RCC ROUTE
                                INDICATORS IN JHUNJHUNU SSA.


No.W-98/Tender/JJN/RCC Pipes & RI/2009-10/09                    Dated at JJN 15-10-2009



          1. Name & Address of Firm……………………………………………………

                                    ……………………………………………………

          2. Jurisdiction          …………………………………………………….

          3. EMD Amount            …………………………………………………….

          4. Date of Issue         ……………………………………………………..

          5. Form No…………………………….Page………………………….............




                        SUB DIVISIONAL ENGINEER (PLANNING)
                        O/O GENERAL MANAGER TELECOM DISTRICT
                                 JHUNJHUN-333008

Signature of Bidder with seal
                                         2




                                             INDEX


         SN.                      DOCUMENT                            PAGE NO.



         1.                     NIT                                    3-4

         2.    CHAPTER -I        INSTRUNCTIONS FOR TENDERER             5-9

         3.    CHAPTER–II       INFORMATION TO BE GIVEN BY TENDERER    10-13

         4. CHAPTER-III          DECLARATION                            14

         5. CHAPTER-IV          TERMS & CONDITIONS OF CONTRACT          15-23

         6. CHAPTER-V           SPECIFICATION                           24-25

         7. CHAPTER-VI          AGREEMENT                               26-31

         8.                      FINANCIAL BID                          32-33




Signature of Bidder with seal
                                              3




                                BHARAT SANCHAR NIGAM LIMITED
                                        (A Govt. of INDIA Enterprise)

                      Office of General Manager Telecom District
                                         Jhunjhunu- 333008


NIT No.W-98/Tender/JJN/RCC Pipes & RI/2009-10/09                                 Dated at JJN 15-10-2009



                                        NOTICE INVITING TENDER


Properly sealed tenders with Packing PVC tape or Sealing wax are invited for and on behalf of Bharat
Sanchar Nigam Limited by the GMTD Jhunjhunu for supply of RCC Circular/ Semi-Circular Pipes and RCC
Route Indicators in Jhunjhunu SSA as detailed below: -

S.                       Name of Item                       Approx. Qty.    Estimated       END         Cost of
N.                                                              (in        Cost (in Rs.)   Amount     tender form
                                                            Meter/Nos.)                                 (in Rs.)
                                                                                           (in Rs.)

1.    Supply of RCC Pipe 100MM dia circular, S&S type,
      Class NP3 (as per ISI specification IS 458:2003) 2M
                       effective length.                      500 Mtr.       42250/-

2.     Supply of Split RCC Pipe 100MM dia and effective
          length 2M with inbuilt half collar at one end
                                                             1500 Mtr.       60750/-       6575/-        500/-
      conforming to IS:458:2003 (with latest amendments
                  as per tender specification).

3.      Supply of RCC Route Indicator (length 1250MM,
       bottom cross section 250MMX150MM & top cross
      section 200MMX75MM) as per tender specification.       800 Nos.       160000/-




Signature of Bidder with seal
                                               4




    1. Intending bidders must be companies, either manufacturer or authorized dealer/ supplier of the
       manufacturer for the quoted above said item must have successfully supplied at least 25% of item/
       work in Govt. / State Govt. / Semi Govt. organizations/ PSUs.

    2. The tender form will be available for sale with SDE (Planning) office of GMTD Jhunjhunu up to
       05-11-2009 on cash payment of Rs.500/- to Accounts Officer (Cash), BSNL office of GMTD
       Jhunjhunu or it may be down loaded from BSNL web site www.rajasthan.bsnl.co.in. for which the
       D/D of cost Rs.500/- in favor of Accounts Officer (Cash), BSNL office of GMTD Jhunjhunu, Payable
       at Jhunjhunu is to be enclosed with Technical bid otherwise bid will be rejected.

    3. The sealed tender should be address to DE (Planning) office of GMTD Jhunjhunu duly is marked
       tender for supply of RCC Circular/ Semi-Circular Pipes and RCC Route Indicators and should be
       dropped in the tender box available in chamber of DE (Planning) on or before 06-11-2009 up to
       15:00 Hrs. & which will be opened on the same date at 15:30 Hrs.

    4. The tender form can be obtained on every working day on deposit of Rs.500/- in cash to Accounts
       Officer (Cash), BSNL office of GMTD Jhunjhunu or on providing D/D of Rs.500/- in favor of Accounts
       Officer (Cash), BSNL office of GMTD Jhunjhunu, Payable at Jhunjhunu.

    5. Each tenderer have to submit of D/D in favor of Accounts Officer (Cash), BSNL office of GMTD
       Jhunjhunu, Payable at Jhunjhunu for amount of Rs.49213/- as EMD with the tender form.

    6. If the last day for submission of bids or the day of opening of bids is declared as holiday, the date
       will be shifted to the next working day.

    7. After finding correct technical bid then financial bid will be open.

    8. The terms and condition are mentioned in the tender document. The quantum of work may be
       increased or decreased as per the requirement.

    9. The GMTD Jhunjhunu reserves the right to cancel any or all the tender with out assigning any
       reason.

    10. The inspection and testing will be done by Consignee/ Authorized officers by GMTD, Jhunjhunu.

    11. C-Form will be issued if applicable.




                                                                      DEP (Planning)

                                                                      O/o GMTD, Jhunjhunu
Signature of Bidder with seal
                                            5




                                                CHAPTER-I

                                  INSTRUCTIONS FOR TENDERERS:

     The contractor must carefully read all the terms and conditions and specifications before
filling up the tender schedule, every page of the tender document is to be signed by the tenderer at the
space marked as “SIGNATURE OF THE TENDERER WITH SEAL”.

     1. PLACE OF OPERATION: JHUNJHUNU SSA

     2. SUBMISSION OF BID: Tenderer should go through the tender documents & should offer their
         tenders in wax / tape sealed cover comprising of two sealed envelopes, namely Technical Bid
         envelope & Financial Bid envelope, together placed in a third wax / tape sealed cover super scribing
         the name of the work. Initially Technical envelope will be opened. Only after check of EMD &
         other required documents as per NIT, the financial bid document envelope will be opened.

             A.First envelope will have title „Technical Bid Envelope‟ & would contain applicable document
                 duly attested by Gazetted Officer / Notary Public.
             2. Demand Draft in original of prescribed amount for Earnest Money as specified in NIT.
             3. Authorization Certificate if the Bidder is not a manufacturer.
             4. Attested Copy of Partner Ship Deed in case of partner ship Firm.
             5. Power of Attorney in case of Partner Ship Firm.
             6. Attested Copy of the Registration of the firm with Central / State Government Department /
                 Organization.
             7. Declaration regarding relation as per Chapter III of tender document.
             8. Letter of work experience as per clause 3.
             9. Attested Copy of PAN.
             10. Complete tender document chapter I to VI duly signed & sealed.
             11. RCC pipes (circular/semi-circular) of this tender must be IS-458:2003 or TEC Approved
                 whichever condition of the relevant item applies as per the technical specification of each
                 article and route indicator as per technical specification.
             12. The demand draft of tender document cost, if the tender document is down loaded from the
                 website.

    B. FINANCIAL BID ENVELOPE SHOULD CONTAIN ONLY THE FINANCIAL BID & rates be
       offered in unambiguous manner in the prescribed bid.


    C. Failure in submitting EMD in the prescribed manner and other document enumerated above, price bid
       will not be opened and the tender will be summarily rejected.




Signature of Bidder with seal
                                                 6

         3. ELIGIBILITY:

            The bidder or his collaborator should have supplied / work experience of 25% of the tendered
            quantity / work in Central / State Govt. Department / Origination certificate / Purchase Order /
            Work order given by the competent authority to be enclosed along with the bid.

         4. VOLUME OF WORK: No definite volume of work to be performed can be guaranteed during the
             currency of the contract. However some general information are given in        NIT are intended
             merely to give the tenderer an idea of the approximate quantum of work to facilitate and to
             make their own assessment for giving quotations in accordance with the conditions of the contract.
         5. ITEM OF WORK:

            Supply of articles as mentioned in the NIT is to be carried out as per technical specification. The
            contract, if any, which may eventuate from this tender shall be governed by the terms and conditions
            of contract as contained in the invitation instructions to the tenderer and as given in the form of this
            tender.


         6. SIGNING OF TENDER:

    i.     Person/ persons signing the tender shall state in what capacity he or they are signing the tender e.g. as
            sole proprietor of the firm or Secretary/ Manager/Director etc. of the Limited Co .In the case of the
            partner-ship firms, the name of all the partners should be disclosed and the tender shall be signed by
            all the partners or the duly constituted attorney, having authority to bind all the including the
            Arbitration clause. The original or the attested copy of the partner-ship deed should be furnished
            along with the tender. In the case of a Limited Co., the name of the Director should be
            mentioned and it shall be certified that the person signing the tender is empowered to do so on
            behalf of the company. A copy of the Memorandum of the Articles of the Association of the
            company shall be attached to the tender. In case of Hindu undivided family, the name of the family
            members should be disclosed and the karta who can bind the firm should sign the form and indicate
            his status below his signature.

   ii.     The person signing the tender form or any document forming part of the Tender on behalf of the
            another or on behalf of a firm shall be responsible to produce a                         proper power
            of attorney duly accepted in his favour stating that he has authority to bind such other person or the
            firm as the case may be in all matters pertaining to the contract including the Arbitration
            clause. If the person so signing the tender fails to produce the said power of attorney his tender
            shall be liable to summary rejection without prejudice to any other right of department under
            the law . The power of attorney should be signed by all the partners in the case of partner-ship
            concern, by the proprietor in the case of a proprietary concern and by the person who by his
            signature can bind the company in case of Limited concern. In the case of Hindu undivided
            family the power of attorney should be signed by the karta who by this signature can bind the
            firm.



         7. EMD: Each tender must be accompanied by an Earnest Money of the amount 2.5% of the estimated
             cost of the Tender in the form of Demand Draft in favour of the Accounts Officer (CASH), BSNL
Signature of Bidder with seal
                                              7

         O/o the GMTD Jhunjhunu, payable at Jhunjhunu. Tender not accompanied by the Earnest
         money shall be summarily rejected.

           The earnest money shall be liable to forfeiture if the tenderer after submitting his tender rates,
         withdraws or modifies his offer and or the terms and conditions thereof in any manner is being
         understood that the tender document have been made available to him and he is being permitted
         to tender in consideration of his agreement to this stipulation. The earnest money deposit
         will be returned to all tenderers after finalization of the tenders. In respect of successful Bidder the
         Bid security amount will be released on receipt of their acceptance of APO and submitting
         Performance Security Deposit. No interest shall be payable on the amount of Earnest Money, in any
         case.

           The EMD will be forfeited in case fails to accept the offer, incase his tender is accepted, fails to
         pay the security deposit in stipulated time limit, fails to carryout the work in stipulated time limit, if
         any of the document submitted by the tenderer is found to be forged.

           The bidder (Small Scale Units) who are registered with National Small Scale Industries
         Corporation under Single Point Registration scheme are exempted from payment of bid security up
         to the amount equal to their monetary limit or Rs. 50 lakhs whichever is lower

              A proof regarding current registration with NSIC for the tendered items will have to be
                attached along with 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.

           (M/s ITI is exempted from submission of EMD for established products for tenders to be floated
         during 2007-08.)

     8. PERFORMANCE SECURITY DEPOSIT:

         The successful tenderers (Including Small Scale Units registered with the NSSIC under single point
         registration scheme) have to deposit 5% of the approved value of tender as Performance Security
         Deposit within 2 weeks of acceptance of their tender. Performance Security Deposit should be valid
         for 18 months in the shape of cash or Demand Draft or Bank Guarantee from a nationalized bank for
         an amount equal to 5% of the value of the P.O., failing which the tender shall be liable to cancel at
         the risk and cost of the tenderer.

     a. The Performance Security Deposit would be subject to the terms & conditions given in the Chapter-
          IV of this tender and the department will not be liable for payment of any interest on the
          Performance Security Deposit or any depreciation thereof.
     b. If the successful tenderer had previously held any contract and furnished its Performance Security
          Deposit for this tender, the same shall not be adjusted against this tender and a fresh Performance
          Security will be required to be deposited.



Signature of Bidder with seal
                                              8



     c. Additional 5 % security deposit @ 5 % of the billed amount would be deducted from initial bills of
         the contractor so as to have total security equal to 10% of total approved tender cost.
     d. In the event of security deposit insufficient or the security has been full forfeited, the balance of the
         total sum then or which at any time thereafter become due to the contractor under this or any other
         contract with the B.S.N.L. should that sum also be not sufficient to cover the full
         amount recoverable, the contractor shall pay to Jhunjhunu Telecom. District on demand the
         remaining balance due.
     e. Security deposit tendered in any form shall be liable for appropriation/adjustment against any
         liquidated damage for delayed execution of work or against carry forward loss to the department to
         which the contractor does not meet otherwise. If the contractor fails or neglect to perform any of his
         obligation under the contract, it shall be lawful for the B.S.N.L. to forfeit either whole or any part of
         the security deposit furnished by the contractor, which does not amount to imposing of penalty after
         issuing a “show cause notice” which will be duly examined for final decision by the competent
         authority and the decision conveyed to the contractor in writing.

DOCUMENTS:

     a. The documents as detailed in Para 2 above must be submitted along with the tender. Attested
         photocopy of PAN.
     b. The tenderer is required to use two separate sealed envelopes with marking as TECHNICAL BID
         envelope and FINANCIAL BID envelope. All these two envelopes in turn are to be kept in a wax /
         tape sealed outer bigger envelope.

         (M/s ITI is permitted for exemption form submission of PBG for established / manufactured
         products during 2007-08.)

     9. PRICE QUOTATION:
            a. This tender is a item tender.
            b. Tenderers are required to offer their rates in of Part II of tender documents and write the rates
                without any over writing in words & figures. The rates offered should be inclusive of all
                taxes, duties, insurance and transportation charges up to consignee store. As per (a) above.



     10. Submission of Tender:

         The sealed Bid delivered in person or by registered post at the office of the DE (Planning) office of
         GMTD Jhunjhunu well in time indicated in the NIT. The responsibility for ensuring that the tenders
         are delivered in time would vest with the bidder. The tender form shall be filled in by the tenderer
         neatly and accurately. Any alteration or over-writing may render the tender invalid. Alteration
         neatly carried out and duly attested is permitted.

     11. (A) OPENING OF TENDERS:

         The tenders will be opened in the office of the D.E. (Planning) , C-14, RIICO Area,
         Jhunjhunu at the time and on the date indicated in NIT. The tenders will be at liberty to be
Signature of Bidder with seal
                                               9

           present either in person or through an authorized representative, at the time of opening of the
           tenders. In case the date of opening of tender is declared as holiday, the tender will be opened on
           next working day at schedule time.



11. (B) EVALUATION OF TENDER:

           The tender will be evaluated as per item/package tender. The successful bidders have to supply of
           full quantity as mentioned in chapter – V.

         12. CORRUPT PRACTICES:

    i.    Any bribe, commission or advantage offered or promised by or on behalf of the tenderer to any
           officer or servant of the department shall (in addition to any criminal liability which the tenderer
           may incur) debar his tender from being considered. Canvassing on the part or on behalf of the
           tenderer will also make his tender liable to rejection.

   ii.    No Tenderer/Contractor shall bring or attempt to bring any political or other outside influence to bear
           upon any officer of Bharat Sanchar Nigam Limited to further his interest in respect of matters
           pertaining to his contract under B.S.N.L.



         13. ACCEPTANCE OF TENDER:

             The General Manager, Telecom District, Jhunjhunu, on behalf of the BSNL reserves the right to
            reject any or all the tenders without assigning any reason and does not bind himself to accept
                the lowest or any tender . Tenders with conditions will be summarily rejected. BSNL also
               reserves the right to award any work any time to any contractor in the area. The successful
                tenderer will be intimated of the acceptance of his tender by a letter / telegram of formal
             acceptance of tender. Where acceptance is communicated by the telegram, the formal acceptance
             of tender will be forwarded to the contractor as soon as possible, but the telegram must be acted
            upon immediately and agreement as per form of agreement given in chapter-VI on a non-judicial
            stamp paper of Rs. 100.00 (Rs. One Hundred only) is to be signed by the tenderer within 7 days of
            issue of acceptance letter, failing which the EMD shall likely to be forfeited. Bidder has to bear the
                                                     cost of stamp paper.




Signature of Bidder with seal
                                                   10




                                                             CHAPTER-II

                               INFORMATION TO BE GIVEN BY TENDERERS.

   Certified copies of documents supporting the information furnished may invariable be enclosed. To be
filled in by the tenderer.

   ------------------------------------------------------------------

     1. Name & Complete Address of the tenderer :


2. Composition of Tenderer :

   It should be treated whether the

   tenderer is a undivided Hindu family,

   proprietorship concern or registered

   partnership firm or a Limited Co.

   The name of all the partners,

   Director / Proprietors and karta of

   Undivided Hindu Family should be

   given. It should be certified that

   there is no undisclosed Partner. In

   the case of limited Company the

   authorized and paid up Capital

   should be stated.

   ------------------------------------------------------------------


3. Business in which the tenderer is

   employed: The nature of business in

Signature of Bidder with seal
                                                    11

   which the tenderer of partners of

   of the tenderer firm are engaged

   should be stated together with

   particulars of their Head Office and

   branches, if any, are located.


   ------------------------------------------------------------------

4. Tenderer Banks: The name of the

   Bank and the branches with which the

   tenderer has dealings and who can

   certify the tenderer financial

   status, should be given.

    ------------------------------------------------------------------


     5. I/We do hereby declare that the entries made and Appendices attached therein are true and also that
          I/We shall be bound by the act of my/our duly constituted attorney Shri
          _________________________________ whose signature is appended here to in the space
          specified for the purpose and of any other person who in future may be appointed by me/us
          instead to carry on the business of the concern whether any intimation of such change is to the
          department or not.

 /We have read and understood the requirements as contained in this Notice Inviting Tender. We are
enclosing FINANCIAL BID in envelope duly wax sealed.


     7. The following documents are enclosed along with this Tender duly filled and signed

   a) Document -I _____________________________________

   b) Document -II ____________________________________

   c) Document -III ___________________________________

   d) Document –IV ------------------------------------


Signature of Bidder with seal
                                                   12




     SIGNATURE OF CONSTITUTED ATTORNEY



Yours faithfully,


(Signature of tenderer)

Signature in which signed.



  Name & address of Attorney : ……………………………………………………………………….

  Name                    :     ----------------------------

  Address                     : --------------------------

                          ---------------------------

     Date:                       ______________________________



  Signature of witness.



 Name     :
………………………………………………………………………………………..

 Address  :
………………………………………………………………………………………..

   Date:                   ………………………………………………………………………………………..




Signature of Bidder with seal
                                                  13



                                              TENDER'S QUOTATION

                                    To be submitted in Technical Bid Envelope.

    i.     TENDERER'S COMPLETE ADDRESS :
   ii.     TENDER'S TELEPHONE NUMBER   :

  From: --------------------------------------------------------

    To:

    The Divisional Engineer (Planning)

    O/o G.M., Telecom District, Jhunjhunu

    C-14, RIICO Area, Jhunjhunu-333001

Reference: Tender No……………….................................................................Dated……………….


Dear Sir,

         1. I / We submit the sealed tender for appointment as contractor for supply of ………………..
         2. (a) I/We have thoroughly examined and understood instructions to tenderer, terms and conditions of
              contract given in the Notice inviting tender and those contained in the general conditions of
              Contract and its Annexure and agree to abide by them.

     (b) I/We confirm that no other charges would be payable to me/us.

     (c) I/We agree to keep the offer open for acceptance up to 90 days from the Date of opening of Tender.

I / We shall be bound by communication of acceptance of the offer dispatched within the time.

Demand Draft/Cash Receipt No.______________________________

Dated ___________________ for Rs._________________________

(Rupees________________________________________________

is enclosed as Earnest Money in the other envelope marked as TECHNICAL BID envelope".

             Thanking you,

                                                               Signature of Tenderer

                                                               Capacity in which signing.
Signature of Bidder with seal
                                            14




                                                 CHAPTER-III

                                             DECLARATION

I/We hereby declare that none of my/our near relatives are employed in any capacity in any of the units

of o/o the General Manager, Telecom District Jhunjhunu. I /We shall also intimate the Names of person(s)

who is/ are working with us in any capacity or is/are subsequently employed by us and who are near

relatives to any officer in Jhunjhunu Telecom. District. I/We am/are aware that any breach if this condition

would result in immediate termination of contract /cancellation of the existing contract/contracts and also

forfeiting of my/our security deposit held by Jhunjhunu Telecom District.



Note: The term “near relatives” means wife/husband/parents and Grand parents/children, grand

Children/brothers/sisters/ uncles/aunts/cousins and their corresponding in-laws.



NAME AND SIGNATURE OF THE CONTRACTOR

(Capacity in which signing)



Station:



Date   :




Signature of Bidder with seal
                                            15



                                                 CHAPTER-IV

                                TERMS AND CONDITION OF CONTRACT

            Terms and conditions governing contracts for supply of articles in the jurisdiction of Jhunjhunu
Telecom. District.

             1. DEFINITIONS



   i.   The term “contract” shall mean and include the invitation to tender incorporating also the instructions
         to tenderers, the Tender, its Annexure and schedules, acceptance of tender and such general and
         special conditions as may be added to it.
    ii. The term “contractor” shall mean and include the person or persons firm or company with whom the
         contract has been placed including their heirs, executor, administrators, successors and their
         permitted assigns, as the case may be.
  iii. The term “contract Rate” shall mean the rates of payment accepted by The General Manager,
         Telecom Distt. Jhunjhunu for and on behalf of the B.S.N.L.
   iv. Department/Jhunjhunu Telecom. District means the General Manager, Telecom District, Jhunjhunu
         or /Dy.GM /Divisional Engineer / S.D.E /and maintenance units or any other officers specially
         authorized by the General Manager, Telecom District, Jhunjhunu on his behalf.
    v. Normal time or stipulated time means time specified in the purchase order.
   vi. Extension time means the time granted by Jhunjhunu Telecom. District.
  vii. The jurisdiction of Jhunjhunu Telecom. District for the purpose of Tender is Jhunjhunu SSA
 viii. The term “Services” shall mean the performance of any of the items of work enumerated in
         schedule of services, including such auxiliary, additional and incidental duties / services and
         operations as may be indicated by the Divisional Engineer or any person authorized by him on his
         behalf.



2. OBJECT OF THE CONTRACT:

The contractors shall render all or any of the services given in purchase order or as directed by the
Divisional Engineer or any officer acting on his behalf from time to time which shall not be inconsistent
with these terms and conditions.

 (a)The parties to the contract are the contractor and the resident of India represented by the General
Manager, Telecom District, Jhunjhunu and / or any other person authorized / acting on his behalf.

(b) The parties signing the tender or any other documents forming part of the Tender on behalf of any
other authority to bind such other person or the firm as the case may be, in such matters pertaining to
the contract including the arbitration clause, if on enquiry, it is found that the person concerned has no
such authority, the General Manager, Telecom District, Jhunjhunu may without prejudice to other civil

Signature of Bidder with seal
                                            16

and criminal      remedies, terminate the contract and hold the signatory liable           for all costs and
damages.

(c) Notice or any other action to be taken on behalf of the Jhunjhunu Telecom District may be given/taken
by the Divisional Engineer or any other officer so authorized by the General Manager, Telecom District,
Jhunjhunu.

3. CONSTIUTION OF CONTRACTORS:

      (a)Contractors shall at the time of submission of Tender declare whether they are sole proprietary
concern or registered partnership firm or private limited company or a public limited company
incorporated in India or a Hindu undivided family. The composition of the partnership, names of Directors
of company and names of the Karta of Hindu Undivided family shall also be indicated. The contractors
shall also nominate a person in whose hands the active management and control of the work relating to the
contract during the tenure of contract would lie. The person so nominated shall be deemed to have power of
attorney from the contractors in respect of the contract and whose acts shall be binding on the contractors.

(b) The contractor shall not during the currency of the contract, make without the prior approval of
the Jhunjhunu Telecom District any change in the constitution of the firm. The contractors shall
notify to the Jhunjhunu Telecom District the death/resignation of any of their partners/Directors
immediately on the occurrence of such an event. On receipt of such notice, the General
Manager, Telecom District, Jhunjhunu shall have the right to terminate the contract.

 4. SUBLETTING:

     The contractors shall not sublet, transfer or assign the contract or any part thereof without the previous
written approval of the GMTD Jhunjhunu. In the event of the contractor contravening this condition, the
GMTD Jhunjhunu shall be entitled to award the contract to others on the contractor account at his risk
and the contractor shall be liable for any loss or damage which the GMTD Jhunjhunu may sustain in
consequence or arising out of such replacing of the contract.

5. RELATIONSHIP WITH THIRD PARTIES:

 All transactions between the contractors and the third parties shall be carried out as between two parties
without reference in any event to the Jhunjhunu Telecom. District. The contractors shall also undertake to
make third parties fully aware of the position aforesaid.

  6. The Jhunjhunu Telecom. District shall be fully indemnified by the contractors against all payments,
claims and liabilities what so ever incidental or direct, arising out of or for compliance with or
enforcement of the country as they are at present or as they would stand modified from time to time, to the
extent they are applicable to the establishment/works in the Jhunjhunu Telecom. District. The GMTD,
Jhunjhunu shall have the right to deduct from any moneys due to the contractor, any sums required or
estimated to be required for making good the loss suffered by a workers or workers by reason of non-
fulfillment of the conditions of the contract for the benefit or believed to be for the benefit of their
wages, etc. which are not authorized or justified by the terms of the contract or non observance of the
Rules, Regulation and or Acts or by way of fulfillment of any obligations on the part of the contractor for
strict observance of the provisions of the aforesaid laws /Acts in Para (ii) above.

Signature of Bidder with seal
                                            17

   7. BRIBES, COMMISSION, GIFTS ETC.: Any bribe, commission, gift or advantage given , promised
or offered by or on behalf of the contractors or any one or more of their partners/Directors agents or
servants or any one else on their behalf to any officer, servants representatives or agent of the Jhunjhunu
Telecom District or any person on his or their behalf for showing for bearing favour or disfavor to any
person in relation to the contract, shall subject the contractors to the cancellation of this contract and any
other contract with the Jhunjhunu Telecom District and contractors shall be liable to the payment of any
loss or damage resulting from such cancellation.

8. PERIOD OF CONTRACT. The contract shall remain in force up to one year from the date of contract
or such later date as may be decided by the General Manager, Telecom District , Jhunjhunu but The
General Manager, Telecom District, Jhunjhunu reserves the right to terminate the contact at any time
during its currency without assigning any reason thereof by giving thirty days notice in writing to the
contractors at their last known place of residence/business and the contractors shall not be entitled to any
compensation by reason of such termination.

       The action of the General Manager, Telecom District, Jhunjhunu under this clause shall be final,
conclusive and binding on the contractors and shall not be called into question. The General Manager,
Telecom. District, Jhunjhunu in his discretion can extend/reduce the validity of the contract at any time
during the currency of contract without assigning any reason.

  9. SUMMARY TERMINATION.

   a) In the event of the contractors having been adjudged insolvent or going into liquidation or winding
up their business or making arrangements with their creditors or failing to observe any of the provisions of
this contract or any of the terms and conditions governing the contract, the GMTD Jhunjhunu shall be at
liberty to terminate the contract forthwith without prejudice to any other rights and remedies under the
contract and to get the work done for the un expired period of the contract at the risk and cost of the
contractors and to claim from the contractors any resultant loss sustained or costs incurred.

b) The General Manager, Telecom District, Jhunjhunu shall also have without prejudice to other rights and
remedies, the right, in the event of breach by the contractors of any of the terms and conditions of the
contract to terminate the contract forthwith and to get the work done for the un-expired period of the
contract at the risk and cost of the contractors and forfeit the security deposit or any part thereof for the
sum or sums to any damages, losses, charges, expenses or costs that may be suffered or incurred by the
Jhunjhunu Telecom. District Jhunjhunu due to contractor's negligence or un-workman like performance of
any of the services under the contract.

   c) The contractors shall be responsible to supply adequate and sufficient labour, trucks/carts or any
other transport vehicles for loading/unloading and transport of materials and other tools and accessories
for carrying out the works under the contract in accordance with the instructions issued by the
Divisional Engineer or an officer acting on his behalf. If the contractors fail to do so, the Divisional
Engineer shall at his entire discretion, without terminating the contract be at liberty to engage other labour,
vehicles etc. at the risk and cost of the contracts who shall be liable to make good to the Jhunjhunu
Telecom. District all additional charges, expenses, costs or losses that the Jhunjhunu Telecom. District may
incur or suffer thereby. The contractors shall not, however, be entitled to any gain resulting from
entrustment of the work to another party. The decision of the Divisional Engineer in this regard shall be
final and binding on the contractors.

Signature of Bidder with seal
                                             18

 10. PERFORMANCE SECURITY DEPOSIT.

   a) If the successful tenderer had previously held any contract and furnished security deposit, the same
shall not be adjusted against this tender and a fresh performance security deposit will be required to be
furnished.

b) The performance Security Deposit will be refunded back to the contractor after one & half years &
satisfactory performance of the contract on completion of all obligations by the contractor under the terms of
the contract, on submission of a „No Demand Certificate‟ from the D.E. I/C of the work subject to such
deduction from the Security Deposits may be necessary for making up any department claims against the
contractor.

c) Additional 5 % security deposit @ 5 % of the billed amount would be deducted from initial bills of the
contractor so as to have total security equal to 10% of total estimated cost.

In the event of termination of the contract, the department shall have the right to forfeit the entire or any part
of the amount of Security Deposit or to appropriate.

d) The security deposit or any part thereof in or towards the satisfaction of any sum due to be claimed for
any damage, losses, charges, expenses or cost that may be suffered or incurred by the department.

e) In the event of the security being insufficient or if the security has been wholly forfeited, the balance of
the total sum recoverable as the case may be, shall be deducted from any sum then due or which it any
time thereafter become due to the contractors under this or any other contract with the department should
that sum also be not sufficient to cover the full amount recoverable, the contractors shall pay to the
Jhunjhunu Telecom. District on demand the remaining balance due.

f) The security deposit shall be liable to be forfeited in case the tenderer fails to supply the articles in the
prescribed time or not as per technical specification mentioned in chapter V of this tender document or
violates the terms and conditions of this tender in any manner.

11. VALIDITY OF BIDS: The bid must remain valid for acceptance within 90 days fro the date of opening.
A bid valid for shorter period shall be summarily rejected.

12. LIABILITY OF CONTRACTORS FOR LOSSES ETC SUFFERED BY DEPARTMENT.

   a) The contractors shall be liable for all costs, damages charges and expenses suffered or incurred by the
Jhunjhunu Telecom District due to the contractors negligence and un-workman like performance of any
service under this contract or breach of any terms thereof or their failure to carry out the work with a view
to avoid damages etc. and for all damages or losses occasioned to the Jhunjhunu Telecom District or in
particular to any property or plant belonging to the Jhunjhunu Telecom District due to any act whether
negligence or otherwise of the contractors themselves or their employees. The decision of the
Divisional Engineer regarding such failure of the contractors and their liability for the losses etc. suffered
by Jhunjhunu Telecom District shall be final and binding on the contractors .

 b) The Jhunjhunu Telecom District shall be at liberty to reimburse themselves of any damages, losses,
charges, costs of expenses suffered or incurred by it due to contractors negligence and un-workman like
performance of service under the contract, or breach of any terms thereof. The total sum claimed shall be
Signature of Bidder with seal
                                            19

deducted from any sum then due or which at any time thereafter may become due to the contractors
under this or any other contract with the Jhunjhunu Telecom. District, In the event of the sum which
may be due from the Jhunjhunu Telecom District as aforesaid being balance of the total sum claimed and
recoverable from the contractors as aforesaid shall be deducted from the security deposit furnished by
the contractors as specified in Para 10. should this sum also be not sufficient to cover the full amount
claimed by the Jhunjhunu Telecom District the contractor shall pay to the Jhunjhunu Telecom District
on demand the remaining balance of the aforesaid sum claimed.

   c) In the event of default on the part of the contractors and the failure to perform any of the services
mentioned in this agreement efficiently and to the entire satisfaction of the Jhunjhunu Telecom District
or any officer acting on his behalf the Divisional Engineer I/C shall without prejudice to other rights and
remedies under this agreement, have the right to recover by way of compensation from the contractors a
sum which will be a part of the default as the Divisional Engineer I/C in his absolute discretion may
determine and the decision of the Divisional Engineer I/C in the question whether the contractors have
committed such default or have failed to perform any of such services efficiently and are liable to pay
compensation and as to the quantum of such compensation shall, subject to approval of the GMTD,
Jhunjhunu be final and binding on the contractors.

    d) The decision of Divisional Engineer I/C in respect of such damages, losses, charges, costs of
expenses shall be final and binding on the contractor.

13. SET OFF:

 Any sum of money due and payable to the contractors (including security deposit returnable to them) under
this contract may be appropriated by the Jhunjhunu Telecom. District and set-off against any claim of the
department / B.S.N.L. for the payment of any sum of money arising out of or under any other contract made
by the contractors with the department / B.S.N.L. throughout India.

14. GUARANTEE.:

  The articles are to be supplied strictly according to the technical specification mentioned in chapter V .The
articles supplied must be guaranteed for satisfactory working as well as free from any defect for a minimum
period of one year from the date of installation. In case any article or any part goes faulty during the
guarantee period, the same will have to be replaced or repaired by the tenderer free of cost within 15 day
failing which GMTD Jhunjhunu shall have the power to forfeit the security deposit after issue of show-cause
notice. A warranty certificate must be enclosed with the bill of article.

15. VOLUME OF WORK:

    Subject as hereinafter mentioned, Jhunjhunu Telecom. District do not guarantee any definite volume of
work or any particular pattern of service at any time or throughout the period of the contract. The mere
mention of any item of work in this contract does not by itself confer a right on the contractors to demand
that the work relating to all or any item thereof that the work relating to all or any item thereof should
necessarily or exclusively be entrusted to them. The GM TD Jhunjhunu will also have the exclusive right to
appoint one or more contractors for any or all the services mentioned hereunder. The GMTD, Jhunjhunu
shall have the exclusive right to divide the work among such contractors in any manner as he may decide
and no claim shall lie against the Jhunjhunu Telecom District by reason of such division of work. The
quantities/figures indicated in the tender schedule are approximate and are subject to change which shall be
Signature of Bidder with seal
                                              20

binding on the contractor. The work can be increased or decreased by 25%; as per requirement of the
department; by GMTD Jhunjhunu.

 16. INSPECTION:

  The articles supplied will be inspected by the officer responsible for getting installation of the articles. All
the facility for testing shall be provided by the supplier. The test will be carried out as per standard. The
inspection can be conducted at the premises of supplier or at point of delivery or at final destination as per
discretion of officer. If any portion of supply is found defective or fails to fulfill the requirement as per
technical specification, the same will have to be replaced by the supplier immediately.



17. PRICE VARIATION:

    The BHARAT SANCHAR NIGAM LTD shall not be responsible for any escalation in price of labour or
materials, machinery, equipment etc. whatsoever or any increase in any duties, levies or taxes in respect
thereof whatsoever and the contractor rates and contractor‟s obligation shall remain unaffected by such
escalartopm and/ or increase.



  18. PAYMENTS

  a) Payment for 90% of the value of work order / P.O. shall be made by the consignee on receipt of goods
in good condition / after successful installation / Successful completion of the work. For claiming this
payment following document are to be submitted to the paying authority:

             1.   Bill / Invoice in triplicate. Original copy to be stamped.

             2.   Delivery Challan in case material.
             3.   Installation certificate / work completed successfully certificate.

    The balance 10% payment will be released after 6 months from the date of supply of goods or validity of
tender which ever is later, in case there is no shortage or damage in goods.

b) 100% payment in place 90% may be made if an additional bank guarantee of amount equal to 10 % of PO
for 18 months is submitted by the supplier.

c) Payment will be made by the AO (CASH) concerned on submission of bills through the SDE / AO in-
charge/ of the work, in triplicate duly supported by the work certificate issued by the SDE / AO and counter
signed by the Divisional Engineer / CAO in the prescribed form.

d) The contractors should submit all their bills and final bill not later than two months from the date of
expiry of the contract. Failing which the security deposit will be forfeited. In order to facilitate disposal of
bills, the contractors are advised to submit their bills monthly. Periodicity of bills can be reduced at the
discretion of Divisional Engineer.

Signature of Bidder with seal
                                              21

       No claim, received after two month from the date of expiry of the contract will be entertained.

  19. FORCE MAJEURE:

     In the event of either party being rendered unable by force majeure to perform this contract, than the
obligation of the party affected by such force majeure shall be suspended for the whole period during which
such case lasts an until normal operations are resumed and when such cause ends the execution of this
contract must be resumed with all reasonable dispatch. Should the execution of this contract be suspended by
force majeure than a corresponding extension of the completion date shall be automatically granted. The
occurrence of the cause of forced majeure.

However shall not relieve the BSNL and its obligation to make payment to the contractor for the work
satisfactory executed prior day to the term force majeure as employed herein shall mean Act of God, was
declared or undeclared , hostilities, enemy action, revote, riots, legal lock out and illegal strikes, tidal waves,
forest fires, major floods, explosions, earth quakes, epidemics sabotage extraordinary Acts and Regulation of
Central or State Government or Municipal Bodies upon the occurrence of such cause and its termination the
parties rendered unable as aforesaid shall notify the other party rendered , in writing within 72 hours of the
beginning and ending dates giving full particulars and evidences, if required.

20. LAWS GOVERNING THE CONTRACT.

 The contract will be governed by the Laws of the India for the time being in force.

21. DELIVERY PERIOD:

    The articles are to be supplied & installed as per purchase order at the consignees address, failing which
LD charges as per clause 24 will be levied from the contractor & the service support must be for at least one
year or Three years or as mentioned in technical specification of the supplied items.

22. If the articles are not supplied within 3 months of issue of purchase order, the GMTD shall have the
discretion to terminate the agreement and forfeit the security deposit, after issue of show cause notice to the
contractor.

23. The contractors shall carry out all items of services assigned or entrusted and to carry out the
satisfaction of Divisional Engineer or an officer acting on his behalf and shall abide by all instruction
issued to them from time to time. The contractors shall always be bound to act with reasonable diligence and
in a business like manner and to use such skill as they possess in the conduct of their activities.

24 .LIQUIDATED DAMAGES:

24.1 If the supplier fails to deliver the store or any consignment thereof within the period prescribed for
delivery, the purchaser shall be entitled to recover 0.5 % of the value of the delayed supply 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 for each week of delay or part thereof for another TEN weeks of delay. The extension
beyond 20 weeks may be decided by the GMTD Jhunjhunu in most exceptional cases on case to case basis
on the recommendation of the DGM concerned stating reasons and justifications for grant to extension of
delivery period beyond 20 weeks.

Signature of Bidder with seal
                                            22

           In the case of package supply / turnkey projects where the delayed portion of the supply materially
hampers installation and commissioning of the systems, L/D charges shall be levied as above on the total
value of the concerned package / project of the Purchase Order. Quantum of liquidated damages assessed
and levied by the purchaser shall be final and not challengeable by the supplier. However, when
supply is made within 21 days of QA clearance in the extended delivery period, the consignee may accept
the stores and in such cases the LD shall be levied up to the date of QA clearance only.

       The total value of the liquidate damages as per above sub-clauses shall be limited to a maximum of
12% (Twelve percent) i.e. LD shall be levied up to 20 weeks only as mentioned above.

24.2 Quantum of liquidated damages assessed by the purchaser shall be final and not challengeable by the
contractor.

24.3 In the event of any breach by the contractor of any of the terms and conditions thereof or if the
penalty of the recovery imposed against one or more purchase orders exceeds the security deposit or if the
work relating to one purchase order delay more that 30 days without extension or if in the opinion of the
Divisional Engineer the work is not being performed satisfactorily, DGM/GMTD will have the powers on
recommendation of DE concerned to adopt any of the following courses as suited to the Jhunjhunu
Telecom. District:-

   i.  To terminate the contract forthwith and in that case the security deposit of the contractor shall stand
        forfeited to Jhunjhunu Telecom. District.
   ii. To measure up the work of the contract and to take such part thereof remaining un-executed
        at the hands of the contractor and award the work to another contractor to complete.
  iii. In case of defects discovered subsequently to have the             defects repaired and removed by
        another contractor .In both cases expenses which may be incurred in excess of what would have
        been paid to the contractor, if the whole work had been properly executed by him (the amount
        of such excess, certified in writing by any of the officers mentioned shall be final and conclusive
        ) shall be borne by the contractor & shall be deducted from any money due to him from the
        Jhunjhunu Telecom. District under this contract or any other contract or from the security
        deposit.
  iv. 3. If the contractor fails to execute any item of work within the time schedule or refuses to carry
        out any work or refuses to follow the work priority for executing any specified work Jhunjhunu
        Telecom. District reserves the rights to get the work done by other agencies even with higher rates
        & the difference of the cost will be recovered from the contractors pending bills or security deposit
        as the case may be.
   v. 4. In the event of any of the above course being adopted , the contractor shall have no claim
        for compensation for any loss sustained by him by reason of his having purchased or procured any
        materials or entered into any engagements or made any advance on account of or with a view to the
        execution of the work or the performance thereof.
  vi. 5. In the event of any of the officers exercising the powers mentioned above, thereof he may, if
        he so desires take possession of all or any of the tools, plant materials and stores in or upon the
        works or the site thereof belonging to the contractor, or procured by him and intended to be used
        for the execution of the work or any part thereof paying or allowing for the same amount at
        contract rates or in cases of this not being applicable at current market rate to be certified by any
        of the said officers whose certificate thereof shall be final. Any of the said officers may, in the
        alternative, requests the contractor or his agent within a time specified and in the event of the
        contractor failing to comply with this requisition remove them at the contractor expenses and sell
Signature of Bidder with seal
                                            23

         them by public auction or private sale on account of the contractor and on his risk and
         responsibility and certificate of any of the said officer as to the expenses of any removal and the
         amount of the proceeds and expenses of such sale shall be final.



25. ARBITRATION

   (i) In the event of any question , dispute or difference arising under this agreement or in connection
therewith except as to matter the decision of which is specifically provided under this agreement, the same
shall be referred to sole arbitration of the Chief G.M.T., Rajasthan, Jaipur or in case his designation is
changed or his office is abolished then in such case to the sole arbitration of the officer for the time
being entrusted whether in addition to the functions of the Chief G.M.T., Rajasthan, Jaipur or by
whatever designation such officers may be called ( hereinafter referred to as the said officer ) and if the
Chief G.M.T., Rajasthan, Jaipur or the said officer is unable or unwilling to act as such the sole arbitration
or some other person appointed by the Chief GMT or the said officer. The agreement to appoint an
arbitrator will be in accordance with the arbitration and conciliation Act, 1996.There will be no, objection to
any such appointment that the arbitrator is Govt. servant or that he has to deal with the matter to which
the agreement relates or that in the course of his duties as Government servant he has expressed views on all
or any of the matter under dispute. The award of the arbitrator shall be final and binding on the parties. In
the event of such arbitrator to whom the matter is originally referred, being transferred or vacating his office
or being unable to act for any reasons what so ever such the Chief GMTD Jaipur or the said officer shall
appoint another person to act as arbitrator in accordance with terms of the agreement and the person so
appointed shall be entitled to proceed from the stage at which it was left out by his predecessors.

(ii) The venue of the arbitration proceeding shall be the office of Chief General Manager, Rajasthan
Circle, Jaipur-302008 or such other places as the arbitrator may decide.

(iii) Any dispute arising out of the tender/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 tender has been issued.

(iv) 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 Jhunjhunu only”

.




Signature of Bidder with seal
                                            24




                                                 CHAPTER-V

                                        SPECIFICATIONS


                      (For 100MM dia Circular/Semi circular RCC pipe)

                                1. As per I.S. Specification No. IS-458:2003.
                                2. The inspection and testing shall be done by
                                   consignee/authorized officers by GMTD, Jhunjhunu.
                                3. The supplier should have the necessary testing laboratory
                                   /instruments for the testing and inspection purpose as per
                                   I.S.I specification.




Signature of Bidder with seal
                                25




Signature of Bidder with seal
                                                          26

                                                               CHAPTER-VI

                                                               AGREEMENT

      An             Agreement        made         this......................day              of...................Two       thousand...........
..............................Between M/s. ....................................................................... (hereinafter called the
contractor) which expression shall where the context to admits include his/their respective heirs exactors,
administrative representative and assigns/its successors and assigns of the one part and the BHARAT
SANCHAR NIGAM LTD. (hereinafter referred to as the BSNL) of the other part.

Whereas the contractor has offered to enter into a contract with the said BSNL for the supply / work
of……………………………………………… in Jhunjhunu SSA on the terms and conditions herein
contained             and          the         offer         of        Rs........................................................... (in Words Rs.
................................................................................................. has accepted and whereas the contractor has
deposited Rs. .......................................... as part of Performance Security Deposit after adjustment of Earnest
Money Deposit and whereas no interest will be claimed by contractor on Performance Security Deposit.

    Now these present witnesses and it is hereby agreed and declared by and between the parties to these
presents as follows:

           1.0 The contractor shall during the period of this contract that is to say, from
           .........................to........................, on until this contract shall be determined by such notice as his
           hereinafter mentioned, supply the articles as per technical specification mentioned in chapter V
           described in schedule attached to this agreement which the BSNL or The General Manager
           Telecom Jhunjhunu or any person or persons authorized by the GMTD Jhunjhunu in the schedule is
           likely to change as per actual requirement and demanded by the exigencies of services.

           2.0 The contractor shall promptly supply the article preferred to above whenever called upon by the
           BSNL or by the person mentioned hereof and within the time as will be specified to him by the
           BSNL or any of the persons mentioned in clause (I) here of at the time of placing work order for
           each work. The time allowed for completing the work as entered in the purchase order shall strictly
           be adhered by the contractor and timely supply of work should be deemed to be essence of the
           contract on the part of the contractor.

           If the contractor fails to complete the work as given in the purchase order within the time specified
           in the purchase order, penalty or recovery at the following rates shall be imposed including further
           necessary action by any one of the officers mentioned in clause.

           2.0.1 A penalty will be recovered as per clause 24 of chapter IV for the work included in the work
           order shall be imposed for slow progress or improper work delaying the work for every week that
           the due quantity of work remains incomplete.

           2.0.2 If the work remains incomplete even after the penalty of 10% recovery has been imposed,
           action is liable to be taken under clause 13 of this agreement.

           2.2 If the contractor shall desire an extension of time for completion of work on the ground of his
           having been unavoidable hindered in its execution or any other ground he shall apply in writing to
           the concerned Divisional Engineer within 10 days from the day of such hindrance on account of
Signature of Bidder with seal
                                             27

         which he desired such extension as aforesaid and the Divisional Engineer shall in his opinion where
         exists reasonable ground may recommend to GMTD, Jhunjhunu for such extension of time period.
         GMTD, Jhunjhunu may or may not grant such extension of time, if any as may be deemed necessary
         or proper by him. Decision of GMTD, Jhunjhunu shall be final and binding on the contractor.

         3.0 The Contractor shall execute all the items of work mentioned in the order for each work in the
         most efficient and workman like manner both as regards materials and otherwise in every respect in
         strict accordance with the instructions given to him from time to time by the officers- in-charge
         supervising the works.

         4.0 All work / supply under or in course of execution of executed in pursuance of the contract shall
         at all time be open to acceptance testing and supervision of any of the said officers. The work done
         by the contractor shall not be covered up before acceptance and approval and measurement by such
         officer/officers aforesaid. If any defect in the date of completion thereof, the contractor shall forth
         with repair and remedy the same at his own cost in such a manner and within such time as may be
         directed by the said officer.

         5.0 The contractor shall abide by the rules, terms and conditions and specifications laid down in the
         instruction & Guidelines to Tenders, Conditions of contract and construction Specification etc.
         annexed to this agreement and such other rules and regulations as may be framed from time to time
         by the GMTD Jhunjhunu or his nominees.

         6.0 The contractor shall not charge any extra amount for traveling or transport expenses, overtime
         allowance and charges for materials used by him and will not be entitled to get compensation for
         any damage or losses in the course of execution of work or for any extra payment i.e. charges for
         transport of materials and charges for labour that he will employ at his own cost nor for ideal labour
         and transport nor for loss or deterioration of materials.

         7.0 The contractor will be solely responsible for any damage caused due supply and installation of
         the article supplied by the contractor and decision of GMTD Jhunjhunu will be final and binding.

         8.0 The contractor shall not, nor shall any part thereof or any interest therein be transferred by the
         contractor or any person or persons or company or attempted to be so done without the previous
         consent in writing of the Divisional Engineer, In-charge being first hand and obtained. The
         contractor is heirs or legal representatives shall with the consent in writing of the General Manager
         Telecom District Jhunjhunu have the right to continue to perform the duties or engagements of the
         contractor under the contract in case of his death. In the event of the contract with such consent as
         aforesaid transferring his business and in the event of the contractor being a company and being
         wound up at any time during period of this contract for the purpose and with the object of
         transferring the business to any person/persons of a company, the contractor shall make it one of the
         terms and stipulations for the contract for transfer of his properties and business to such other person
         or persons or company the Contractor shall make it one of the terms and stipulation for the contract
         for transfer of property & business to such other person or persons or company shall be bound to the
         Divisional Engineer In-charge to perform the duties of engagements of the contractors under his
         contract and be subject to his liabilities there under.

         9.0 The contractor hereby covenants and declares that nobody connected with or in the employment
         of Bharat Sanchar Nigam Ltd. is nor shall any person over be admitted as a partner in the contract.
Signature of Bidder with seal
                                             28

         10.0 In every case in which by virtue of the provisions of workman compensation act the BSNL is
         obliged to pay compensation to a workman employed by the contractor in execution of work the
         BSNL of India will be entitled to recover from the contractor the amount of compensation paid. The
         BSNL shall not be bound to content any claim against it under the act except on the written request
         of the contractor and upon his giving to BSNL full security for all costs for which the BSNL might
         become liable in consequence to contesting such claim.

         11.0 The contractor shall indemnify the BSNL against all other damage, costs, charges and expenses
         for which the BSNL may be held liable or incur or pay an account of the negligence of the
         contractor or his servants of any of them and any person under his control whether in respect of
         injury the person or damages to the property or any member of the public or any other concerns or
         in executing the work or otherwise and against all claims and demands in respect thereof.

         12.0 The said Performance security deposited by the contractor shall be retained by the BSNL as
         Performance security for the due and faithful performance by the contractor of each and all
         covenants herein contained and on his part to be observed or performed with full power to the said
         GMTD Jhunjhunu or DGM I/C for and on behalf of the BSNL, in case the contractor shall fail to
         perform satisfactory, fulfill, keep and observe all or any of the covenants, conditions or agreements
         on his part herein contained them unless the same is forfeited to retain the whole or any part of the
         same and to appropriate the same or any part thereof to use of BSNL absolutely as and by way of
         liquidated damages or penalty and that without reference to the relative importance of the particular
         breach or breaches of contract which shall have given occasion for such appropriation and whether
         BSNL may have sustained ascertainable pecuniary damages by such breach or breaches as aforesaid
         or not. In case of such appropriation or retention of whole or part of said security the contractor shall
         forthwith deposit further security for full amount or any amount sufficient to make up the deficit as
         the case may be.

         13.0 The said security or as such thereof as may not have been appropriated to the use of BSNL
         under Clause (13) hereof will be repaid or returned to the contractor after the completion of the
         contract and submission of "NO DEMAND" Certificate by the contractor here after. The BSNL may
         withhold such payment at least for six months from the date of receipt of "NO DEMAND"
         Certificate from the contractor.

         14.0 The BSNL will pay to the contractor for the work with the contractor is called upon by the
         BSNL or any of the officer mentioned and which is satisfactory completed by the contractor at the
         rates mentioned in the schedule. For this purpose the contractor should submit to the Divisional
         Engineer Telecom Jhunjhunu his bill for the work covered by that purchase order that have been
         satisfactorily completed by him. The bill will become payable usually within a month or so of the
         date of its submission.

         15. The bill will be submitted in triplicate, all copies being signed by the contractor. The two copies
         may be marked "Original" and "Duplicate" respectively.

         15.1 Details of the quantity / work and nature of each type of material supplied as well as the
         stipulated rates are given.

         15.2 The dates of commencement and completion of the supply of materials are mentioned in the
         purchase order.
Signature of Bidder with seal
                                             29

         15.3 The number and date of the contractor order are mentioned.

         16. To rescind contract forthwith and in such case the performance Security Deposit of the
         contractor shall forfeited to the BSNL.

         16.1 To measure up the work of the contractor and to take such part thereof as shall be unexecuted
         out of his hand give it to another contractor to complete and in case of defects discovered
         subsequently to have the defects repaired and removed by another contractor or get the work
         completed departmentally. In both case any expenses which may be incurred in excess of the
         amount which could have been paid to the contractor if the whole and been properly executed by
         him (of amount of such excess the certificate in writing of any of officers mentioned in clause (I)
         hereof shall be final and conclusive) shall be borne and paid by the contractor and may be deducted
         from any money due to him by the BSNL under this contract or otherwise, or from the security
         deposits or sufficient part thereof or otherwise recovered from him in both cases if the expenses
         incurred by the Department are less than the amount payable to the contractor at his agreement rates,
         the difference should not be paid to the contractor.


          17.0 BSNL shall also be entitled to terminate this contract without assigning any reasons by giving
         to the contractor one calendar month's notices of its intention to do so and on the expiry of the said
         period of notice the contract shall come to an end without prejudice to any right or remedy that may
         be accrued to either party by reason of any antecedent breach of any terms thereof. Such notice may
         be signed on behalf of BSNL.

         18.0 In the event of any of the courses mentioned clause (16) or (17) being adopted the contractor
         shall have no claim for compensation for any loss sustained by him reasons of his having purchases
         or procured any materials or entered into any engagements or made any advance on account of or
         with a view to the execution of the work or the performance thereof.

         19.0 In the event of any of the said officers exercising the powers mentioned in clause 16(1) thereof
         he may, if he so desires take possession of all or any of the tools, plant materials and stores in or
         upon the work or the site thereof belonging to the contractor or procured by him and intended to be
         used for execution of the work of any part thereof paying on allowing for the same any amount at
         contract rate or in case of this not been applicable at current market rate to be satisfied by any of the
         said officers who certificates thereof shall be final. Any of the said officers may in the alternative
         request the contractor or his agent or servants will remove such tools, plants, materials or store
         within a time.

         20.0 If the contractor die before the expiry of this contract the BSNL or any of the officer mentioned
         in clause (1) hereof may at his option either immediately determine this contract one require the
         heirs or local representative of the contractor to carry out the same for such period not exceeding
         three calendar month as BSNL and the said officer may require.

         21.0 Any notice required to be given under these presents may be given either personally to the
         contractor under acknowledgement or by posting letter addressed to the contractor at the side
         address and shall be deemed to be served at the time of such delivery or at the time of leaving the
         same with the contractor or in the case of posting at the time when the letter would have reached the
         contractor in the ordinary courses of post.
Signature of Bidder with seal
                                             30

         22.0 The General Manager Telecom District, Jhunjhunu shall be at liberty by notice in writing to the
         contractor to rescind the contract in any and every of the following cases (stated in sub Para 22.1 to
         22.10) and the contractor shall thereupon pay to the GMTD Jhunjhunu in addition to any sum or
         sums of money which the contractor may be liable to pay under the provisions herein before stated
         such as the GMTD Jhunjhunu may decide to be reasonable compensation for the loss or
         inconvenience caused. The amount of the sum for such reach on the part of the contractor will be
         fixed by the GMTD Jhunjhunu and shall be final and conclusive against the contractor.

         22.1 If any fraud, or fraudulent motive is detected in the contractor action with the Department
         and/or.

         22.2 If the contractor demands under charges not stipulated in this contract and/or,

         22.3 If any person connected with the BSNL, or any official drawing salary from the BSNL
         becomes in any way interested in this contract and/or.

         22.4 If the contractor himself or any of his servants be guilty or fraud or attempted fraud in
         connection with the contract officers any bribe or gratuity to any person connected with the
         Department of Telecom or to any official drawing salary from the BSNL and/or,
          Contractor will not employ any outside agent or sublets the contract or any right to payment there
         under without the consent in writing of GMTD Jhunjhunu.



         22.5 If in the event of any deduction being made from the contractor's security deposit the
         contractor fails to make good the amount of such deduction within the time herein before specified
         and/or

         22.6 If the contractor becomes insolvent or applies for relief as insolvent debtor and/or in case the
         contractor is a company and it is wound up or in case the contractor in a partnership firm when it is
         dissolved or reconstituted and/or,

         22.7 If the contractor makes default in or fails to comply with any of the terms and conditions set
         forth in this contract and/or,

         22.8 If the contractor's work is found unsatisfactory in the opinion of the General Manager Telecom,
         Jhunjhunu.

         23.0 All disputes, differences and question arising out of or incidental to this agreement or in any
         way touching or concerning this agreement or the subject matter thereof or the respective rights,
         duties or liabilities or the parties under or in respect of this agreement (except provided for) shall be
         referred to the sole arbitration of Chief General Manager Telecom, Jaipur or any person nominated
         by him or in case his designation is changed or his office is abolished, to the sole arbitration of any
         person appointed by the office who for the time being is entrusted whether or not in addition to
         other function with the function of Chief General Manager Telecom, Jaipur by whatsoever
         designation such officers may be called there in after referred to as "The said officer". There shall be
         no objection to any such appointment that the person appointed is a BSNL servant, if however he
         will not be one who had an opportunity to deal with the matter to which this agreement relates or
Signature of Bidder with seal
                                            31

         that in the course of his duties as such BSNL servant he has expressed view on all or any of the
         matter in dispute or difference. The arbitrator, while acting as such arbitrator shall not be bound to
         take any oral or documentary evidence and shall be a liberty to take such evidence as he may in his
         absolute discretion think proper and that he will be at liberty to proceed with the matter and here
         parties in the absence of any of some of them or their legal and/or technical advisors without being
         liable for misconduct within the meaning of the provisions of section 30 of the Indian Arbitration
         Act in this behalf. In the event of such arbitrator to whom the matter is originally referred being
         transferred to vacating his office or being any reasons, the said officer shall appoint another person
         to act as arbitrator in accordance with the terms of the agreement, such persons shall be entitled to
         proceed with the reference from stage at which it was left by his predecessors.



         23.1 Subject to aforesaid, the Indian Arbitration Act, 1940 and the rules made there under and any
         modifications thereof for the time being is force shall be deemed to apply to the arbitration
         proceeding under this clause.

         23.2 Upon every and any reference as aforesaid the assessment of cost incidental to the reference
         and award respectively shall be in the sole discretion of the sole arbitrator. The venue of the
         arbitration proceedings will be the premises of General Manager Telecom Jhunjhunu or such other
         place as the sole arbitrator may decide. IN WITNESS WHERE of, the parties‟ presents have here
         into set their respective hands and seals the day and year first above written.

         Signed Sealed and Delivered by the above named

        Contractor in the presence of

WITNESS:

1.

Signed & Delivered on behalf of the

BSNL by the Divisional Engineer Telecom.


2




Signature of Bidder with seal
                                      32




                           BHARAT SANCHAR NIGAM LIMITED
                                (A Govt. of India Enterprise)
           OFFICE OF GENERAL MANAGER TELECOM DISTRICT
                         JHUNJHUNU-333008

                                           Part-II
    Supply of RCC Circular/ Semi-Circular Pipes and RCC
             Route Indicators in Jhunjhunu SSA.


                                   FINANCIAL BID


Tender No: - W-98/Tender/JJN/RCC Pipes & RI/2009-10/09          Dated at JJN 15-10-2009




               JHUNJHUNU TELECOM DISTRICT
             RAJASTHAN TELECOM CIRCLE

Signature of Bidder with seal
                                             33




                                             FINANCIAL BID
1. TENDER NO: W-98/Tender/JJN/RCC Pipes & RI/2009-10/09                              Dated at JJN 15-10-2009

  2. Name of Work: Supply of RCC CIRCULAR/ SEMI-CIRCULAR PIPES AND RCC ROUTE INDICATORS

3. Name of the Tenderer: ……………………………………………………..

                                SCHEDULE OF APPROXIMATE QUANTITY

 S.No.                     Name of Item                          Qty              Rate             Rate

                                                                                (Per Unit)      (In words)
    1     Supply of RCC Pipe 100mm dia circular, S
          & S type, Class NP3 (as per ISI                       500 Mtr.
          specification IS 458:2003) 2 M effective
          length)
    2     Supply of Split RCC pipe 100MM dia and
          effective length 2M with inbuilt half collar at
          one end conforming to IS:458:2003 (with              1500 Mtr.
          latest amendments as per tender
          specification.)
    3     Supply of RCC Route Indicator (length 1250
          mm, bottom cross section 250mmx150mm                800 Nos.
          and top cross-section 200mmx75mm) as
          per tender specification.


Details: As per Chapter V of tender document.

Note:-

                     1. Rate to be quoted (including all taxes/duties, Octroi, transportation and loading/
                         unloading etc.charges) F.O.R. destination. ‘C Form’ will be issued if applicable.
                     2. The inspection and testing shall be done by Consignee/Authorized officer by GMTD,
                         Jhunjhunu.
                     3. The supplier whose tender is approved will have to submit the original copy of
                         delivery Challan, excise note (if applicable) GR slip, inspection report along with the
                         bill (in triplicate) for payment.



DATE: …………………                                                          Signature of Tenderer

                                                                       Name of Tenderer (In Block Letters)

                                                                       Address……………………………….

Signature of Bidder with seal
                                34




Signature of Bidder with seal

				
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