महानगर टे लीफोन ननगम लललमटे ड, मुम्बई
MAHANAGAR TELEPHONE NIGAM LTD. MUMBAI
(A Govt. Of India Enterprises)
O/o DE (BLDG.) CRD, 2ND FLR. CURREY ROAD TELEPHONE EXCHANGE
DATTA MANDIR MARG, CURREY ROAD, MUMBAI 400 012.
TELEPHONE NO: 24701000, FAX NO: 24701661.
No. DE (Bldg.)/CRD/House keeping Tender/2011-12 Date: 27.02.2012
Tender Form for,
House Keeping job
At Currey Road Telephone Exchange Building,
Datta Mandir Marg, Currey Road,
Mumbai 400 012.
Price Rs. 525/- (Rs Five hundred twenty five only) each copy
(Inclusive Sale Tax)
Payable by DD/Pay order in Favor of MTNL Mumbai.
Issued to Ms. _______________________
Note: All the pages of this tender document are to be returned with Signature and seal of
tenderer on every page.
03 to 05 - Notice Inviting Tender
06 to 24 01 to 43 Introduction of Tender
25 to 26 ANNEXURE-I Proforma Agreement
27 to 28 ANNEXURE-II Proforma for Bank Guarantee for security Deposit
29 ANNEXURE-III Technical Terms & Condition of House Keeping Work
30 ANNEXURE-A1 Work schedule
32 ANNEXURE-A2 Area Details
32 ANNEXURE-IV Financial Bid
33 ANNEXURE-V Declaration
महानगर टे लीफोन ननगम लललमटे ड, मम्बई
MAHANAGAR TELEPHONE NIGAM LTD. MUMBAI
(A Govt. Of India Enterprises)
O/o DE (BLDG.) CRD, 2ND FLR. CURREY ROAD TELEPHONE EXCHANGE
DATTA MANDIR MARG, CURREY ROAD, MUMBAI 400 012.
TELEPHONE NO: 24701000, FAX NO: 24701661.
No. DE (Bldg.)/CRD/House keeping Tender/2011-12 Date: 27.02.2012
NOTICE INVITING TENDER
1. Sealed tenders in the prescribed forms only are invited by Divisional Engineer
(Bldg) CRD. Currey Road Telephone Exchange Bldg. Mumbai 400 012 on behalf of
Mahanagar Telephone Nigam Limited, Mumbai (hereinafter called “MTNL” Mumbai)
from capable Contractors for House keeping job at Currey Road Telephone
Exchange Bldg. with its Compound & terrace area under the jurisdiction of
Dy. GM (WDL/Sion), as detailed below for a period of one year, extendable for one
years on annual basis.
2. Date of obtaining tender forms and submission of filled up tenders shall be as
Description Date Time
A Last Date & Time up to which Tender 12.03.2012 16.00 Hours
forms will be issued
B Last Date & Time up to which filled in 13.03.2012 14.30 Hours
tenders have to be submitted
3. a. Name of work: House keeping job at Currey Road Telephone Exchange Bldg.
with its Compound & terrace area.
b. Estimated Cost: Rs.1,79,477/- (Rs. One lakh, seventy nine thousand four
hundred seventy seven only) Inclusive of all Taxes.
c. Earnest Money deposit: Rs.3590/- (Rs. Three thousand five hundred ninety
only) payable by Demand Draft drawn on Scheduled / Nationalized Bank in
favour of MAHANAGAR TELEPHONE NIGAM LIMITED, MUMBAI payable
4. Eligibility conditions:
a) Experience for carrying out work of House keeping in MTNL / DOT / BSNL /
Railways or Public Undertaking or any reputed firm for last 3 years.
b) Experience of having successfully completed similar works during last
3 years ending last day of month previous to the one in which applications
are invited should be either of the following:
i) Three similar completed works costing not less than the amount equal to
40% of the estimated cost.
ii) Two similar completed works costing not less than the amount equal to
50% of the estimated cost.
iii) One similar completed work costing not less than the amount equal to 80%
of the estimated cost.
c) Average Annual financial turnover during the last 3 years, ending 31st March
of the previous financial year, should be at least 30% of the estimated cost.
d) Registered with Service Tax Authorities.
e) Appropriate registration for Partnership / Private Limited / Limited firms.
f) Registration with Provident Fund Department for Employees Provident Fund
g) The firm should not have been blacklisted / debarred by / from any
Government or Public Sector Organization.
5. The cost of tender form is Rs. 525/- (Five hundred twenty five only) payable by
Demand Draft drawn on Scheduled / Nationalized Bank in favour of MAHANAGAR
TELEPHONE NIGAM LIMITED, MUMBAI payable at Mumbai.
The Tender form can be collected, on payment of cost of tender form, from the
office of DE (Bldg.) CRD, Currey Road Telephone Exchange, Mumbai 400 012 on all
the working days except Second Saturday between 10.30 a.m to 4.00 p.m. Tender
forms will not be sent by post.
The intending firm can also download the tender document available on MTNL
Website and submit the same after filling up and fulfilling all the conditions
mentioned in the Tender Document. In such case DD / Pay Order of Rs 525/-
(Five hundred twenty five only) drawn in favor of MAHANAGAR TELEPHONE
NIGAM LIMITED, MUMBAI (Payable at Mumbai) from any Nationalized or
Scheduled Bank should be submitted along with Tender Bid towards cost of
Tender Documents (Not Refundable).
6. Tenders shall be accompanied by Earnest Money Deposit of Rs. 3590/- in the
form of Demand Draft drawn in favor of “MAHANAGAR TELEPHONE NIGAM
LTD. MUMBAI” and other documents specified in the tender schedules.
Documents to be submitted
7. The intending tenderers shall submit the following documents along with the details
of the completed works:
a) They shall submit attested copy of Sales Tax/VAT registration certificate
and works contract registration number and address of WC Tax Assessing
Authority as a proof of their establishment in Mumbai region. The contractor
shall submit attested copy of Service Tax registration certificate.
b) Attested copy of Income Tax Returns for the last 3 years.
c) Registration certificate & documentary proof of turnover with attested copies
as applicable along with application on their printed letter heads for purchase
d) List of works completed and actual date of completion of the requisite
magnitude along with attested copies of certificate, testimonials of their
satisfactory completion from the department concerned obtained from an
officer not below the rank of Divisional Engineer/Executive Engineer or
8. Tenders, which do not fulfill the conditions specified in the tender schedule, will
be summarily rejected.
9. MTNL, Mumbai reserves the right to accept or reject, any bid and to annual the
bidding process and reject all bids, at any time prior to award of contract without
assigning any reason whatsoever and without thereby incurring any liability to the
affected bidder or bidders on the grounds of MTNL’s action.
10. MTNL reserves the right to reject tender bid of such of those firms/persons,
who were approved contractors of MTNL but failed to carry out the works
assigned to them by any one of the units of MTNL to the satisfaction of MTNL
authorities, even though the firms/persons may be having satisfactory work
completion certificate from other organization/organizations.
11. The corresponding E.M.D. should be placed in a separate envelope in the form of
Demand Draft drawn on Schedule/Nationalized Bank in favour of MAHANAGAR
TELEPHOPNE NIGAM LIMITED, MUMBAI along with tender documents.
Tenders submitted without EMD shall be considered non-responsive bid and shall
be summarily rejected.
12. Tender documents shall not be accepted / received by Posts / Courier.
13. Booklet containing terms and conditions and schedule of rates are also available
on website http://mtnlmumbai.in The tender forms will be issued and received by
DE (Bldg.) CRD. Currey Road Telephone Exchange, Mumbai 400 012.
INSTRUCTIONS TO TENDERER:
a. The “MTNL” shall mean Mahanagar Telephone Nigam Ltd., having its registered
office at 12th Floor, Jeevan Bharati Tower-I, Connaught Place, New Delhi-110001
and shall include their legal representatives, employees and permitted assignees.
b. The “CMD MTNL” shall mean the Chairman and Managing Director of Mahanagar
Telephone Nigam Ltd., or his successors in the office or his authorized officer.
c. The “ED MTNL” shall mean the Executive Director, MTNL, Mumbai or his
successors in the office or his authorized officer.
d. The GM -Shall mean the concerned General Manager
e. DGM (Tech) shall mean the concerned Deputy General Manager of MTNL, Mumbai.
f. The DE -shall mean concerned Divisional Engineer.
g. The “Contract” shall mean the Press Notice for inviting tender, the tender
documents and letter of acceptance thereof and the formal agreement, if any,
executed between the MTNL and the Contractor together with the complete
documents referred to therein including the conditions with appendices and any
special conditions, the specifications, designs, drawings, schedule of quantities
with rates and amounts and schedule of rates. All these documents taken
together shall be deemed to form one Contract and shall be complementary to
h. The “Contractor” shall mean the individual or firm or company whether
incorporated or not, undertaking the work and shall include legal representative(s)
of such individual or persons composing such firm or company or successors of
such firm or company as the case may be and permitted assignees of such
individual or firm or company.
i. The “Sub Divisional Engineer, MTNL” or Engineer-in-Charge shall mean the
concerned SDE in-charge, who shall direct, supervise and be in-charge of the
work for purposes of the Contract. The Divisional Engineer, MTNL may nominate
his representative(s) and authorize him / them to assist in performing his duties
j. The “Work” shall mean the works to be executed in accordance with the Contract.
k. The “Letter of Acceptance” shall mean intimation by a letter in writing by the
MTNL to the successful tenderer that his tender has been accepted in
accordance with the provisions contained therein.
l. The “Contract Value” shall mean the amount at which the tender has been
m. The “Tender” shall mean the proposal along with supporting documents submitted
by eligible tenderer on the prescribed documents / forms for consideration of
n. The “Sub-Contractor” shall mean any person or firm or company (other than the
Contractor) to whom any part of the work, specialized in nature or otherwise, has
been entrusted by the Contractor, with the prior written approval of the
Divisional Engineer, MTNL.
2.1 Singular and Plural Words imparting the singular only also include the plural and
vice-versa where the context requires.
2.2 Headings and marginal notes if any to these General Conditions shall not be
deemed to form part thereof or be taken into consideration in the interpretation
or construction thereof or of the Contract.
Wherever in this Contract the words directed, permitted, required ordered
designed, considered, necessary or like words are used, it shall be understood
that the said directions, permissions, requirements, orders, designs etc. of the
Divisional Engineer, MTNL, are intended. Similarly words approval, acceptable,
satisfactory or like words shall mean “approved by” or “acceptable to” or
satisfactory to the Divisional Engineer, MTNL unless any other meaning is plainly
2.4 In case of dispute in the interpretation, the decision of concerned GM shall be
final and binding.
3. The tenderer must submit his tender on the prescribed tender form duly
completed and signed by the tenderer. The tender shall always be placed
under wax sealed cover super scribed with the following information and
affixed with his signatures over his stamp.
The sealed envelope containing tenders shall be addressed to the, DE (Bldg.) CRD.
Currey Road Telephone Exchange, Mumbai 400 012. The Envelope to be dropped in
the Tender Drop Box in the office of the DE (Bldg.) CRD. Currey Road Telephone
Exchange, Mumbai 400 012. up to 14.30 Hrs. on 13.03.2012 and Tenders will be
opened by the Account Officer (Works) North or his duly authorized
representative in office DE (Bldg) CRD. 2nd Flr. Currey Road Telephone Exchange
Bldg. Mumbai 400 012 on the same day at 15:00 Hrs. in the presence of the
tenderers who wish to remain present. Unsealed tenders or sealed tenders without
wax seal are liable to be rejected.
a. Issue of Tender forms will be stopped as per the date and time published in the
press notice unless otherwise extended.
b. The Bid amount under pricing schedules should be filled up properly in figures as
well as in words by the tenderer.
c. No officer employed in Engineering or Administration duties in an Engineering
Department of MTNL / Govt. of India is allowed to work as a contractor for a
period of two years from the date of his retirement from Govt. Service without
the previous permission of the Govt. of India / MTNL. This contract is liable to
be cancelled, if either the Contractor or any of his employees is found, at any
time, to be such a person, who has not obtained permission of the Govt. of India
/ MTNL as aforesaid, before submission of the tender or engagement in the
d. If it is found that the tender is not submitted in proper manner or contains
unauthorized corrections of absurd rates or amounts, it would be open for the
MTNL to reject the tender.
e. Tender will be opened by Tender opening committee approved
by the competent authority.
f. The work shall be carried out by the Contractor in a manner complying in all
respect with the requirements of all the relevant bye-laws / orders of the Local
/ Municipal bodies and pay all fees and charges which may be levied. Wherever
local byelaws required engagement of licensed Electrical personnel or any other
specialized persons, the Contractor shall engage them at his own cost. The
completion certificates, wherever applicable, to meet the statutory obligations,
shall be arranged by the Contractor.
Penalty clause: House Keeping Contracts:
(i) Failure to keep the premises clean:
If the quality of House Keeping Service is not satisfactory, a penalty of Rs.0.20
per Sq.ft / day for the affected area shall be imposed by MTNL. Decision of
designated officer of MTNL for this purpose shall be final and binding.
(ii) Failure to attend the job: In case of failure to carry out the house keeping job
the following penalty will be levied:
a) Up to 3 days : Rs.500 Per day or 5% of monthly contract value for each day,
whichever is more
b) Beyond 3 days up to 7 days: Rs.750 per day or 10% of monthly contract value
for each day, whichever is more
c) Beyond 7 days: Rs.1000 per day 15% of monthly contract value for each day,
whichever is more
If the total penalty amount exceeds the contract value for that month, then it will
be restricted to that month’s contract value.
a. The decision of the competent authority in deduction of Penalty of any
amount due to the MTNL, from the bills of the contractor is final and
b. Before deducting Penalty, notice to the contractor by giving reasonable time
period to the contractor for replying the notice should be served on the
Contractor to observe rules of natural justice.
c. Methodology: The contractor will provide required qualified staff at the
site, which should be adequate to perform routine maintenance and
a. The workers engaged by firm should maintain proper discipline and good
b. The firm shall remove such workers from the site whose behavior is found
improper. Divisional Engineer, MTNL’s decision shall be final. Any damage to
the installation(s) / building during the maintenance period due to the
carelessness on the part of maintenance staff shall the responsibility of
firm & replaced.
c. The contractor will provide the workers in necessary Safety equipment.
d. Any accident or damage during maintenance / operation will be the
responsibility of the contractor and the Department will not entertain any
claim, compensation penalty etc. on this account or on account of non-
observance of any other requirement of law relevant to his work.
e. Contractor has to observe all the labour rule and regulations in force.
f. The contractor has to supply details of all the workers likely to be engaged
with him before start of the work.
g. MTNL Mumbai reserves the right to carry out any work at the risk and cost
of the contractor, if the contractor fails to perform any duty as the
h. MTNL Mumbai reserves the right to terminate the contract by giving show
cause notice of one-month duration at any time during the currency of the
i. The contractor has to keep all the electro-mechanical equipments neat and
clean to avoid any accident and or fire hazards.
j. The contractor should have round the clock contact telephone number, Fax
No.. In case of emergency, the contractor or the authorized supervisor
shall be available at site on short notice from Divisional Engineer, MTNL and
make all efforts to make the situation normal at the earliest.
k. The contractor shall maintain a maintenance register in which a record of
any daily / weekly / fortnightly / monthly / quarterly / annual maintenance
activities carried out including replacement / repaid of any item with
quantity for each service shall be maintained and got it signed by Divisional
Engineer, MTNL. Copy of this registered document is submitted with bill.
l. The contractor shall submit monthly report on maintenance carried out in
last month and attach the report along with bill duly countersigned by D.E.
4. Submission and payment of Bills: The contractor shall submit his bills monthly
in triplicate along with paid challan copy of EPF & ESIC contribution up to previous
month and the service report duly counter signed by the Divisional Engineer,
MTNL, as per various clauses of Commercial condition to the effect that the work
has been carried out as per the scope of work and no amount is due to be deducted
for non performance of the work as per the terms of the contract. The bill shall
be submitted within a month of its falling due. In case of delay in submission of bill
beyond one month, the reason for delayed submission should be given and the delay
should be condoned by DE concerned if reasons are genuine. If the bill is not
submitted within 6 months of its falling due, the bill will not be normally paid.
However the concerned DGM can condone the delay if satisfied with reason /
5. TRANSFER OF DOCUMENTS
Transfer of tender document purchased by one intending tenderer to another is
6. SITE AVAILABILITY
The Site for execution of the work is / are available. The general information can
be obtained from the Divisional Engineer, MTNL.
7. a. TENDERER TO HAVE VISITED SITE:
The tenderer shall be deemed to have visited the Site and familiarized himself
thoroughly with it before submitting the Tender. Non-familiarity with the site,
working conditions like shall not be considered as reason for extra claims or for not
carrying out the works. The Tenderer shall wherever applicable, read the
Specifications, which may in any way affect his tender and in case of any doubt,
obtain required particulars/clarifications, from the Engineer -in-Charge. No extra
Payment whatsoever will be made beyond the Contract value for the alleged
ignorance on the part of contractor.
b. TENDERER TO OBTAIN HIS OWN INFORMATION:
The tenderer shall be deemed to have examined the tender documents, and to have
obtained all the necessary information in all matters whatsoever that might
influence carrying out the Works at the rates, prices quoted in the pricing
scheduled and satisfied himself to the sufficiency of his tender etc.
8. WORKS TO BE CARRIED OUT
The Contractor shall provide, at his own cost, all materials, plants, tools, appliances,
implements, ladders, cordages, tackle, scaffolding and temporary works required
for proper execution of the job/works.
Sub-contract is not allowed.
10. MTNL EMPLOYEES OR THEIR RELATIVES
The bidder should give a certificate that none of his/her near relative is working in
the units as defined below where he is going to apply for the tender. In case of
Proprietorship firm certificate will be given by the proprietor. For partnership firm
certificate will be given by all the partners and in case of limited company by all the
Directors of the company excluding Govt. of India/Financial Institutions nominees
and independent non-official part time directors appointed by Govt. of India or the
Governor of the state. Authorized signatory of bid may also sign this bid on behalf
of the entire directors/ partners/ proprietor. Due to any breach of conditions by
the company or firm or any other person the tender will be cancelled and bid
security will be forfeited at any stage whenever it is noticed and MTNL will not pay
any damage 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.
The near relatives for this purpose are defined as:
a) Members of a Hindu undivided family.
b) They are husband and wife.
The one is related to the other in the manner as father, mother, son(s) & son’s wife
(Daughter in law), daughter(s) and daughter’s husband (son in law), brother(s) and
brother’s wife, sister(s) and sister’s husband (brother in law).
This Declaration shall be furnished in the format given.
11. FORFEITURE OF EARNEST MONEY
The Earnest Money of the tenderer may be forfeited if the tenderer withdraws his
tender or modifies his offer in a manner unacceptable to the MTNL during the
period of validity of tender,
In case of successful tenderer, if the tenderer fails to either sign the Contract, or
furnish the Security Deposit within stipulated period, or not commenced the work,
in accordance with the terms of the Contract.
12. VALIDITY OF TENDER.
The tender for the work shall remain valid for a period of 150 days from the date
of opening of tenders.
13. TIME SCHEDULE
The contract will commence from the date as per the letter of final acceptance of
the tender and will be operative for one year. However MTNL is at liberty to close
it earlier also and the contractor shall have no claim whatsoever against for closure
of contract. It may be extended further period of one year on their satisfactory
14. SUBMISSION OF TENDER
Tenderer shall submit the tender based strictly on the terms and conditions of the
tender documents and shall not stipulate any deviations. The completed tender shall
be submitted in sealed Envelope as prescribed under ‘Instructions to tenderer’.
Unsealed tenders shall summarily be rejected.
15. THE TENDER DOCUMENTS TO BE SUBMITTED SHALL CONSIST OF:
A COMPLETE SET OF THE TENDER DOCUMENTS AS ISSUED BY the
Divisional Engineer (Bldg.) CRD along with addenda/corrigenda to the tender
documents so sold or issued, duly filled in the tenderer as prescribed in different
clauses of the tender documents, signed and date affixed duly placed in an
16. SIGNATUTRE IN TENDER DOCUMENT BY TENDERER.
The tenderer shall submit the tender only in the prescribed format issued to him
for the purpose, duly completed and signed. All signatures in tender documents
shall be dated, as well as the pages of all sections of tender documents shall be
initiated at the bottom or signed wherever required in the tender papers by the
tenderer before submission of tender.
In case of Proprietary firm the Proprietor should sign. In case of Ltd. Company, any
of the Director or Authorized signatory must sign the documents.
The tender shall contain the name, place of residence and business of person or
persons submitting the tender and shall be signed by the tenderer with his usual
signature. Partnership firms shall furnish full name of all partners in the tender.
It should be signed in the partnership’s firms name by all the partners or by duly
authorized representative followed by the name and designation of the person
signing. A copy of constitution of the firm with names of all the partners shall also
be furnished. Tender by a Public Sector Undertaking shall be signed by an
17. RATES IN TENDER DOCUMENT.
Rates net of cenvatable taxes to be quoted location wise and further, item wise
under the location. The tenderer shall quote both in figures and words of all the
items mentioned in the Schedule of items of work forming part of the pricing
schedule. Total tendered amount for the work net of cenvatable taxes shall also be
worked out and entered in the tender by the tenderer himself under the signature
of the tenderer. The total cenvatable taxes shall be shown separately.
The amounts/rebates (if any) etc. shall be quoted and written only at the bottom of
pricing schedule. The percentages/amounts/rebates (if any) etc. quoted/written at
place other than specified above shall not be considered.
The amounts of contract shall remain fixed during the currency of the contract
including extended period if any.
In case discrepancies are found between the amount quoted in words and figures or
the amount shown in abstract, the following procedure shall be followed:
When there is difference between the amount in figures and words, then the
amount which corresponds to the amount written in words by the tenderer, shall be
taken as correct.
When the amount quoted by the tenderer in figures and words tally but the amount
is found incorrect in total or in Abstract, the amount quoted in words by the
tenderer shall be taken as correct.
18. CORRECTIONS AND ERASURES:
No corrections / modifications in the prescribed tender form / document are
permissible. All corrections / additions / alterations in the quoted amounts /
rebates etc. shall be signed in full by the tenderer with date. No erasures and / or
overwriting are permissible. If it is found that the tender is not submitted in
proper manner or contains too many corrections or absurd percentage or amounts,
it would be open to MTNL to reject the tender and / or to take any other action
against the contractor as deemed fit.
19. RIGHT OF MTNL TO ACCEPT OR REJECT TENDER:
The right to accept or reject the tender will rest with the MTNL. The MTNL
further does not bind itself to accept the lowest tender and reserves its right to
reject all or any of the tenders received without assigning any reason whatsoever.
Canvassing in connection with tenders is strictly prohibited. The tenders of the
tenderers who resort to canvassing are liable to rejection.
Signing of the Contract:
The successful tenderer shall be required to execute an agreement with the
Divisional Engineer, MTNL in the Proforma annexed to tender document, within
10 days of issue of letter of acceptance by the MTNL. In the event of failure on
the party of the successful tenderer to submit the Security Deposit & sign the
Agreement, as stated above, the Earnest Money will be forfeited.
21. CONTRACT DOCUMENTS – GENERAL
Complete documents forming the Contract are to be taken as mutually explanatory.
Should there be any discrepancy, inconsistency, error or omission amongst any of
them, the matter may be referred to Deputy General Manager, MTNL who shall
give the decision, which shall be final and conclusive and the Contractor shall carry
out work accordingly.
22. Security Deposit
Earnest Money Deposit, already deposited by the Contractor shall be adjusted
towards Security Deposit. The successful tenderer will be required to furnish a
DD in favour of MTNL / Bank Guarantee on the prescribed proforma from a
Scheduled Bank within 15 days after award of work for a sum equal to 10%
(Ten percent) of the contract value. The whole amount shall be retained up to a
period of 3 months from the date of completion of contract i.e. till the Expiry of
Defect Liability Period or finalization of the bill whichever is later.
All compensation or the other sums of money payable by the Contractor under the
terms of this Contract may be deducted from his Security Deposit or from any
sums, which may be due to or may become due to the Contractor by MTNL.
If the Contractor damages, breaks, or destroys or deface the property belonging
to the MTNL or others during the execution of the Contract, the same shall be
made good by the Contractor at his own expense and in default thereof, the
Divisional Engineer, MTNL may cause the same to be made good through other
agencies and recover expenses from the Contractor for which the certificate of
the Divisional Engineer, MTNL shall be final and binding.
23. Forfeiture of Security Deposit
In case the Contractor fails to complete the work, MTNL, without prejudice to
other rights and remedies available under the contract, shall forfeit and encash the
Security Deposit Amount in full and credit it to MTNL absolutely and is open to
MTNL to get the work completed at risk and cost of contractor after issuing
suitable notice to the contractor.
In case the bank goes in liquidation or for any reason is unable to make payment
against the said Bank Guarantee, the loss caused thereby shall be borne by the
Contractor. The Contractor forthwith, on demand from MTNL, shall make good the
24. SUSPENSION OF WORK
The Contractor shall, on receipt of the order in writing from Divisional Engineer,
MTNL, has to suspend the entire work or any part thereof for such manner as the
Divisional Engineer, MTNL may consider necessary for any of the following reasons.
a) On account of any default on the part of the Contractor to fulfill a condition of
b) For improper execution of the Work or part thereof for reasons other than the
default of the Contractor; or/and
c) On account of any order/instructions of the Deputy General Manager MTNL or
instructions issued by the Union Govt. of India or State Govt. of Maharashtra
or any local authority like Municipal Corporation, CIDCO, MMRDA etc. or Court
having direct bearing on the execution of work.
For safety of the works or part thereof, the Contractor shall, during such
suspension, proper protect and secure the Work to the extent necessary and carry
out the instructions given in the behalf by the Divisional Engineer, MTNL, or/and.
25. BREACH OF CONTRACT
If the Contractor:
Having been given by the Divisional Engineer, MTNL notice in writing to rectify or
replace any defective work or that the work is being performed in inefficient or
otherwise improper shall omit to comply with the requirements of such notice for a
period of seven days thereafter’ or
Has failed to commence the work or has suspended or work or has failed to proceed
with the work so that in the judgment of the Divisional Engineer, MTNL (which shall
be final and binding) he will be unable to secure completion of the work by the
stipulated date and continues to do so after notice in writing of seven days from
the Divisional Engineer, MTNL: or
Commits default in complying with any of the terms and conditions of Contract and
does not remedy it or take effective steps to remedy it within 7 days after a
notice in writing is given to him by the Divisional Engineer, MTNL; or
Being an individual, or if a firm any partner thereof, shall at any time during the
currency of the Contract is adjudged insolvent or having received an order for
administration of his estate made against him under Insolvency Act for the time
being in force or make any conveyance assignment of his effect or composition or
arrangement for the benefit of his creditors or purpose so to do, or if any
application be made under any Insolvency Act for the time being in force for the
sequestration of his estate or if a trust deed being executed by him for benefit of
his creditors; or
Being a company, passes a resolution or the Court makes an order for the liquidation
of affairs, or a receiver or manager on behalf of the debenture holders be
appointed circumstances arise which entitle the /court or Creditors to appoint a
receiver or manager which entitle the court to make a winding up order; or
Assigns, transfer, sublets or attempts to assign, transfer of sublet the entire work
or any portion thereof without the prior written approval of the Divisional Engineer,
MTNL, then the Divisional Engineer, MTNL may without prejudice to his rights
against the Contractor in respect of any of the delay suspension due to inferior
workmanship or otherwise or to any claims for damage in respect any breach of the
Contract and in addition to any right or remedies under any of the provision of the
Contract or otherwise and whether the date for completion has or has not elapsed,
shall have powers to determine or rescind the Contract as aforesaid (of which the
termination rescission notice in writing to the Contractor under hand of the
Divisional Engineer, MTNL shall be conclusive evidence). Upon such determination
or rescission the Security Deposit of the Contractor shall stand forfeited and shall
be absolutely at the disposal of the MTNL after giving notice to the Contractor to
measure up the work of the Contractor and to take such part thereof as shall
remain incomplete/unexecuted out of his hands and to give it to another contractor
to complete in which case any expenses which may be incurred in excess of the sum
which would have been paid to the original contractor if the whole work had been
executed by him (the certificate in writing of the Divisional Engineer, MTNL for
the amount which exceeds the amounts contracted for the unexecuted/imperfectly
executed items shall be final and conclusive) shall be borne and paid by the original
contractor and may be deducted from any money due to him under this Contract or
on any other account whatsoever or from the Security Deposit and/or additional
security deposit or the proceeds of sales thereof, or a sufficient part thereof as
the case may be.
In the event of any one or more of the above course being adopted by the Divisional
Engineer, MTNL the Contractor shall have no claim to compensation for any loss
sustained by him by reason of his having purchased or procured any materials or
entered into any agreement or made any advances on account or with a view to the
execution of the work or the performance of the Contract. In case action is taken
under any of provisions aforesaid, the Contractor shall not be entitled or be paid
any sum for any work unless and until the Divisional Engineer, MTNL has certified in
writing the performance of such work and the value payable in respect thereof.
26. CONTRACTOR REMAINS LIABLE TO PAY COMPENSATION EVEN IF
ACTION NOT TAKEN UNDER CLAUSE 27
In case, any of the powers conferred upon the MTNL by clause 25 thereof shall
have become exercisable and the same had not been exercised, the non-exercise
thereof shall not constitute a waiver of any of the conditions hereof. In the event
of any case of default by the contractor for which, by any clause or clauses the
contractor is declared liable to any compensation amounting to the whole of the
security deposit and the liability of the Contractor for past and future
compensation(s) shall remain unaffected.
27. FORECLOSURE/DEVIATION OF CONTRACT
If at any time after acceptance of the tender, the MTNL decides to abandon or
reduce the scope of the Work for any reason whatsoever, the Divisional Engineer,
MTNL shall give notice in writing of the fact to foreclose or restrict the Contract,
to the Contractor and the Contractor shall have no claim to any payment of
compensation or otherwise whatsoever, on account of any loss or profit or
advantage which e might have derived from the execution of the work. Further,
the contractor shall not have any claim for compensation by reason of an alteration
having been made in the original specifications and instructions which shall involve
any curtailment of the work as originally contemplated.
Depending upon the priorities of the department and the performance of the
contractor the value of contract may be increased or decreased up to 25% (Twenty
Five percent) if considered necessary by the Divisional Engineer/DGM MTNL
concerned and the contractor shall have no claim whatsoever for such deviations.
28. TERMINATION OF CONTRACT ON DEATH
If the Contractor is an individual or a proprietary concern, and the individual or the
proprietor dies and his successors express their inability to complete the remaining
work or if the Contractor is a partnership concern and one of the partners dies and
the firm is wound up as per partnership deed then the Divisional Engineer, MTNL
shall close the Contract for the uncompleted part without the MTNL being in any
way liable for payment of any compensation to the estate of the deceased
Contractor and /or to the surviving partners of the Contractor’s firm on account of
the closure of the Contract. In the event of such closure, the Divisional Engineer,
MTNL shall not hold the estate of the deceased Contractor and /or the surviving
partners of the Contractor’s firm liable for damages for not completing the
Contract notwithstanding other provisions of the Contract.
29. SITE DRAINAGE, NUISANCE ETC.
The Contractor shall not at any time do, cause or permit any nuisance on the Site /
building / premises or do anything, which shall cause unnecessary disturbance or
inconvenience to occupants / users of buildings and to the public generally.
30. EXCEPTED RISKS (FORCE MAJEURE)
If any time, during the continuance of this contract, the performance in whole or in
part by either party of any obligation under this contract is prevented or delayed
by reason of any war, or hostility, acts of the public enemy, civil commotion,
sabotage, fires, floods, explosions, epidemics, quarantine restrictions. Strikes,
lockouts or act of God (Hereinafter referred to as events) provided notice of
happenings, of any such eventuality is given by either party to the other within
21 days from the date of occurrence thereof, neither party shall by reason of such
events be entitled to terminate this contract nor shall either party have any claim
for damages against the other in respect of such non performance or delay in
performance under the contract shall be resumed as soon as practicable after such
an event may come to an end or cease to exist ,and the decision of MTNL as to
whether the supplies have been so resumed or not shall be final and conclusive,
provided further that if the performance in whole or part of any obligation under
this contract is prevented or delayed by reason of any such event for a period
exceeding 60 days either party may, at his option, terminate the contract.
31. WATCH & WARD
The Contractor shall provide and maintain caution boards, warning signs, all lights,
guards, fencing and watch and ward wherever necessary or as required by the
Divisional Engineer, MTNL for the protection of the Work or for the safety and
convenience of those employed on the Work or the public at his own expense. The
contractor shall be bound to follow the normal practices / procedures being
followed by MTNL for regulating the entry and exit of the staff / workmen /
labourers / material / T&P / Particles etc. in the Telephone Exchange buildings /
MTNL offices without any extra cost or time.
31 (a) Removal of workmen
If any of the Contractor’s foremen or employees, in the opinion of the Divisional
Engineer, MTNL be found guilty of any misconduct or be incompetent they will be
substituted by qualified and competent persons. Should any of the Contractor’s
men negligent in the performance of their duties or that in the opinion of the
Divisional Engineer, MTNL, be undesirable for administrative or any other reasons,
such person(s) so removed from the Work, shall not be employed again in connection
with the Work without the written permission of the Divisional Engineer, MTNL.
32. INSTRUCTIONS, NOTICES AND INSPECTION
All instructions, notices and communications etc. under the Contract shall be given
in writing and if sent by registered post to the last known place of abode or
business of the Contractor shall be deemed to have been served on the date when
in the ordinary course of post these would have been delivered to him.
The Divisional Engineer, MTNL or his representative shall have powers at any time
to inspect and examine any part of the work and the Contractor shall at his own
cost, give such facilities (Like ladders, lights, etc.) as may be required for such
inspection and examination.
33. DELEGATION OF POWERS BY DIVISIONAL ENGINEER, MTNL.
The Divisional Engineer, MTNL may from time to time, in writing, nominate his
representatives who shall inspect and supervise the Work, examine and test
materials to be used and its workmanship. The Contractor or his representative
shall receive instructions from the representatives of the Divisional Engineer,
MTNL as they are being given by the Divisional Engineer, MTNL.
Failure of the Representatives of the Divisional Engineer, MTNL to disapprove any
work or materials shall not prejudice the power of the Divisional Engineer, MTNL
thereafter to disapprove/reject such work or materials and to order the pulling
down, removal or breaking up thereof and to take actions under relevant conditions
If the Contractor shall be dissatisfied with any decision of the Representatives of
the Divisional Engineer, MTNL he shall be entitled to refer the matter to the
Divisional Engineer, MTNL who shall there upon confirm, reverse or vary such
decision without any liability of the MTNL.
34. MAKING OVER TO NEW CONTRACTOR
At the end of contract period the present contractor should make over the
equipments under his CAMC. He will make over in good working condition to the new
contractor to the satisfaction of Divisional Engineer, MTNL before the last day of
35. ADHERENCE TO GOVERNMENT REGULATIONS.
The Contractor shall conform in all respect with the provisions of any National or
State Statutes, Ordinances or Laws or any regulations or bye-laws or orders of any
local municipal or other duly constituted authority which may be applicable to the
job / Work and with such rules, orders and regulations of such authorities and
companies whose property rights are affected or may be affected in any way by
the work and shall keep MTNL indemnified against all penalties and liability of every
kind or breadth or any such Statute, Ordinance or Law, regulation order or bye-law.
36. CHANGES IN CONSTITUTION.
Where the Contractor is a partnership firm, prior approval in writing of the
Divisional Engineer, MTNL shall be obtained before any change is made in the
constitution of the firm. Where the Contractor is an individual or a Hindu
Undivided family business concern such approval as aforesaid shall likewise be
obtained before the Contractor enters into any agreement with other parties, when
under the reconstituted firm would have the right to carry out the work hereby
undertaken by the Contractor. If prior approval as aforesaid is not obtained, the
Contract shall be deemed to have been assigned in contravention of clause 39
hereof and such action may be taken and the such consequences shall ensure as
provided for in the said clause.
The Contractor shall at his own expenses, provide all materials required for the
Work and shall be in conformity with the specifications laid down in the Contract
and as per samples approved by the Divisional Engineer, MTNL.
The Divisional Engineer, MTNL shall have full powers to direct removal of any of
the materials brought to the Site and which do not conform in character to the
approved samples or specifications within 24 hours of such written orders and in
case of default on the part of the Contractor, the Divisional Engineer, MTNL shall
be at liberty to have them removed at the risk and cost of Contractor who shall
have no claims, whatsoever, on this account.
Materials required for the Work shall be stored by the Contractor only at places
approved by the Divisional Engineer, MTNL. Storage and safe custody of materials
shall be responsibility of the Contractor.
The Divisional Engineer, MTNL or his representative shall be entitled at any time to
inspect and examine any materials intended to be used in or on the Work either on
the Site or at factory or workshop or other places where these are lying and the
Contractor shall give such facilities as may be required for such inspection and
37 (a) DEFECT LIABILITY PERIOD.
The premises on which the Job/Work or any part of it is being executed, or if any
damage shall happen to the Job/Work from any cause whatsoever or if any defect,
or other faults appear in the Job/Work after completion and within Three
MONTHS after the issue of the completion of contract arising out of defective or
improper materials or workmanship, the Contractor shall, on receipt of a notice in
writing from Divisional Engineer, MTNL, make good at his own cost, or in default
the Divisional Engineer, MTNL cause the same to be made good by other agencies at
the risk and cost of the contractor and deduct the expenses from any sum that
may be due or become due to the Contractor or from his Security Deposit.
The Contractor shall obtain a valid license under the Contract LABOUR (R&A) Act
1970 and the Contract Labour (Regulation and Abolition) Central Rules 1971 before
the commencement of the Work and continue to have a valid license until the
completion of the Work. Any failure to fulfill this requirement shall attract the
penal provisions of the Contract arising out of the resultant non-execution of the
The Contractor shall not employ in connection with Work any persons who are below
eighteen years of age.
The Contractor shall comply with or cause to be complied with the Contractor
Labour Regulations in regard to all matters provided therein and shall pay to labour
employed by him the wages not less than fair wages as defined in the Contractor’s
Labour Regulations as appended which shall also include the provisions of the
Contract Labour (Regulations and Abolition) Act 1970 and Contract Labour
(Regulations & Abolition) Central Rules 1971 wherever applicable.
The Contractor shall be liable to pay his contribution and the employee’s
contribution to the Employees State Insurance Scheme in respect of all labour
employed by him for the execution of the Contract, in accordance with the
provision of the Employees State Insurance Act, 1948 as amended from time to
time. In case the Contractor fails to submit full details of his account of labour
employed and the contribution payable, the Divisional Engineer, MTNL shall recover
from the bills of Contractor an amount of contribution as assessed. The amount so
recovered shall be adjusted against the actual contribution payable for Employees
The Divisional Engineer, MTNL shall on a report having been made by an Inspecting
Officer as defined in the Contract Labour Regulations have the power to deduct
from the moneys due to the Contractor any sum required or estimated to be
required for making good the loss suffered by a worker or workers by reason of
non-fulfillment of the conditions of the Contract for the benefit of workers, non-
payment of wages or of deductions made from his or their wages which are not
justified by the terms of the Contract or non-observance of the said Contractor’s
The Contractor shall also comply with the provisions of the Payment of Wages Act,
1936, Minimum Wages Act, 1948, Employer’s Liability Act, 1938, Workmen’s
Compensation Act, 1923, Industrial Disputes Act, 1947. Maternity Benefit Act,
1961 and Mines Act 1952, Contract Labour (Regulation & Abolition) Act 1970, or any
modifications thereof or any other law relating thereto and rules made there under
from time to time.
In the event of the Contractor committing a default or breach of any of the
provisions of the Contract Labour Regulations as amended from time to time or
furnishing any information or submitting or filling any Return / Statement / Form /
Register / Slip etc. under the provisions of these Regulations which is materially
incorrect, then on the report of the Inspecting Officers as defined in the
Contractor’s Labour Regulations, the Contractor shall without prejudice to any
other liability, pay to MTNL a sum not exceeding Rs.200/- ( Rupees Two Hundred
only) as liquidated damages for every default, breach or furnishing, making,
submitting, filling materially incorrect statements/returns as may be fixed by the
Divisional Engineer, MTNL and in the event of the Statements/returns as may be
fixed by the Divisional Engineer, MTNL and in the event of the Contractor’s default
continuing in the respect, the liquidated damages may be enhanced to Contractor’s
default continuing in the respect, the liquidated damages may be enhanced to
Rs.200/- per day for each default and the total subject to a maximum limit of 5%
of the Contract value. This shall not include the penalty imposed for non-
performance. The Divisional Engineer, MTNL shall deduct such amount from bills or
any other sum due to the Contractor. The decision of the Divisional Engineer,
MTNL in this respect shall be final and binding.
The Contractor shall indemnify the MTNL against any payments to be made under
and for observance of the Acts/Laws stated in this clause and Contractor’s Labour
Regulations without prejudice to his right to claim indemnity due to any cause.
The Contror shall ensure that no amount by way of commission or otherwise is
deducted or recovered by Supervisor or Manager or any other person from the
wages of workman/labour.
39. FAILURE TO COMPLY WITH LABOUR REGULATIONS/ACT/RULES.
In every case in which by virtue of the provisions of subsection (i) of Section 12, of
the Workmen’s Compensation Act, 1923, the MTNL is obliged to pay compensation
to a workman employed by the Contractor in execution of the works, the Divisional
Engineer, MTNL shall recover from the Contractor the amount of the compensation
so paid, and, without prejudice to the rights of the Divisional Engineer, MTNL under
sub-section (ii) of Section 12, of the said Act, the Divisional Engineer, MTNL shall
be at liberty to recover such amount or any part thereof by deducting it from the
Security Deposit or from any sum due from the MTNL to the Contractor whether
under this Contract or otherwise. The Divisional Engineer, MTNL shall not be
bound to contest any claim made against it under sub-section (i) Section 12, of the
said Act, the Divisional Engineer, MTNL shall be at liberty to recover such amount
or any part thereof by deducting it from the Security Deposit or from any sum due
from the MTNL to the Contractor whether under this Contract or otherwise. The
Divisional Engineer, MTNL shall not be bound to contest any claim made against it
under sub-section (i) Section 12, of the said Act, except on the written request of
the Contractor and upon his giving to the Divisional Engineer, MTNL full security
for all costs for which the MTNL might become liable in consequence of contesting
In every case in which by virtue of the provisions of the Contract Labour
(Regulation and Abolition) Act 1970 and to the Contract Labour (Regulation and
Abolition) Central Rules 1971, the MTNL is obliged to pay any amounts of wages to a
workman employed by the Contractor in execution of the Work, or to incur any
expenditure in providing welfare and amenities required to be provided under the
above said Act and the appended rules or Contractor’s Labour Regulations, or under
the Rules framed by the MTNL and/or Central/State Government from the time to
time for the protection of health of workers employed by the Contractor, the
Divisional Engineer, MTNL will recover from the Contractor the amount of wages
paid or the amount of expenditure so incurred: and without prejudice to the rights
of the MTNL under sub-section(2) of Section 20 and sub-section (4) of the
Section 21, of the said act, except on the written request of the Contractor and
upon his giving to the Divisional Engineer, MTNL full security for all costs for which
the MTNL, might become liable in contesting such claim(s).
Should it appear to Divisional Engineer, MTNL that the Contractor is not properly
observing and complying with the provisions of the Contract Labour Regulations and
Model Rules and the provisions of the Contract Labour (Regulation and Abolition)
Act 1970, and the Contract Labour (R&A) Central Rules 1971 for people employed
by the Contractor (hereinafter referred as “the said Rules”) the Divisional
Engineer, MTNL shall have power to give notice in writing to the Contractor
requiring that the said Rule be complied with and the amenities prescribed therein
be provided to the work-people within reasonable time to be specified in the notice.
If the Contractor shall fail within the period specified in the notice to comply with
and/or observe the said Rules and to provide the amenities to the work-people as
aforesaid, the Divisional Engineer, MTNL shall have the power to provide the
amenities herein before mentioned at the cost of the Contractor.
40. RATES TO COVER.
The rates quoted should be inclusive of all taxes except Cenvatable taxes
which should be shown separately.
Taxes for statutes:
Pursuant to the Constitution (Forty Sixth Amendment) Act 1982, if any further tax
or levy is imposed by Statutes, after the date of receipt of tenders, and the
contractors there upon necessarily and properly pay such taxes/levies, the
Contractors shall be reimbursed the amount so paid provided such payment, if any.
The Contractor shall, within a period of 30 days of imposition of any further tax or
levy, pursuant to the Constitution (Forty Sixth Amendment) Act 1982 give a written
notice thereof to the Divisional Engineer, MTNL that the same is given pursuant to
this condition together with all necessary information relating there to.
41. ARBITRATION/SETTLEMENT OF DISPUTES.
For Contract other than with Public Sector Undertakings.
Except as otherwise expressly provided in the contract, all or any questions,
differences claims and disputes relating to the meaning of specifications and
instructions herein before mentioned and so to the quality of workmanship or
materials used on the work or as to any other question claim,. Right, breach, matter
or thing whatsoever in any way arising out of or relating to this contract/tender
documents, specifications, instructions, order conditions, meaning and operation or
effect of the contract or breach thereof or otherwise concerning the works or the
execution or failure to execute the same whether arising during the concerning the
works or the execution or failure to execute the same whether arising during the
progress of work or after the completion or abandonment thereof shall be referred
to the sole arbitration of the person appointed by the concerned General manager.
It will be no objection to any such appointment that the arbitrator so appointed is a
Government/MTNL servant, that he had to deal with the matters to which the
contract relates and that in the course of his duties as Government/MTNL servant
he has expressed views on all or any of the matter in dispute, or difference. The
arbitrator to whom the matter is originally referred being transferred or vacating
his office or being unable to act for any reason, at the time of such transfer of
vacation of the office or inability to act. The concerned General Manager as
aforesaid at the time of such transfer, vacation or inability to act, shall appoint
another person to act as an arbitrator in accordance with the terms of the
contract. Such persons shall be entitled to proceed with the reference from the
stage at which it was left by his predecessor. It is also a term of this contract
that no person other than the person appointed by concerned GM as aforesaid
should act as an arbitrator. The arbitrator shall give reason for his award.
Subject to as aforesaid the provisions of Arbitration and Conciliation Act, 1996 or
any relevant statutory modification of the provisions of Arbitration and Conciliation
Act, 1996 or any relevant statutory modification of re-enactment thereof and the
rules made there under and for the time being in force shall apply to re-enactment
thereof and the rules made there under and for the time being in force shall apply
to the arbitration proceedings under this clause. It is a term of the contract that
the party invoking arbitration shall specify the dispute or disputes to be referred
to the arbitration under this clause together with the amount or amounts claimed in
respect of each such dispute. If the contractor does not make any demand for
arbitration in respect of any claim(s) in writing to concerned GM within 90 days or
receiving the intimation from the MTNL that the bill is ready for payment, the
claim of the contractor(s) will be deemed to have been waived off and absolutely
barred and the MTNL shall be discharged and released of liabilities under this
contract in respect of this claim.
42. Set off clause:
Any sum of money due and payable to contractor (Including Security Deposit
refundable to him) under the contract may be appropriated by the “purchaser” or
“Nigam” or any other person or persons contracting through “MTNL, Mumbai” and
set off against any claim of the purchaser or Telephone Nigam, Mumbai or such
other person for the payment of a sum of money arising out of or under any
contract made by the contractor with the purchaser or MTNL, Mumbai or such
other person or Persons.
43. For Contract with Public Sector Undertakings.
In the event of any dispute or difference relating to the interpretation and
application of the provisions of the Contract, such dispute or differences shall be
referred by either to the arbitration of one of the Arbitrators in the Dept. of
Public Enterprises to be nominated by the Secretary to the Government of India, in
charge of the Bureau of Public Enterprises. The Arbitration and Conciliation Act,
1996 shall not be applicable to the arbitration under this clause. The award of
Arbitrator shall be binding upon the parties to the dispute, provided, however, as
party aggrieved by such award may make a further reference for setting aside or
revision of the award to the Law Secretary, Dept. of Legal Affairs, Ministry of Law
and Justice, Government of India. Upon such reference, the dispute shall be
decided by the Law Secretary or the Special Secretary/Additional Secretary when
so authorized by the Law Secretary, whose decision shall bind the parties finally
and conclusively. The parties in the dispute will share equally the cost of arbitration
as intimated by the Arbitrator.
(On non-judicial stamp paper of appropriate value)
CONTRACT AGREEMENT FOR THE WORK OF _________________ Dated __________
between _____________________ (for proprietary concern) Shri ________________
s/o _____________ r/o _____________ carrying on business under the name and style
of _______ of ________ at _______ (hereinafter called the said contractor which
expression shall unless the context requires otherwise include his heirs, executors,
administrators and legal representatives). (For partnership concern) M/s. ____________
a partnership firm having its registered office at _________ (hereinafter called the said
contractor which expression shall unless the context requires otherwise include his heirs,
executors, administrators and legal representatives.) The partners of the firms are:
M/s ____________ a company duly incorporated under the Indian Companies Act 1956
and having its registered office at __________ in the state of __________ (hereinafter
called the said contractor which expression unless the context requires otherwise include
its successors and assignees) of the one part and the MAHANAGAR TELEPHONE NIGAM
LIMITED hereinafter called the MTNL (which term shall, unless excluded by or repugnant
to the subject or context include its successors and assignees) of the other part.
A. The MTNL is desirous of the comprehensive maintenance of ________________
Should be executed as mentioned, enumerated or referred to in the tender
documents including Notice Inviting Tender, General Conditions of the Contract,
Specifications, Schedule of Works, other documents, has called for Tender.
B. The Contractor has inspected the site specified in the tender documents and has
satisfied himself by careful examination before submitting his tender after
Independent enquiries and obtained complete information as to the matters and
things referred to or implied in the tender documents or having any connection
therewith, and has considered the nature and extent of all probable and possible
situations, to the execution and completion of the work to be carried out under
the contract, and has examined and considered all other matters, conditions and
things and probable and possible contingencies, and generally all matters
incidental thereto and ancillary thereof affecting the execution and completion of
the work and which might have influenced him in making his tender.
C. The tender documents including the MTNL’s Notice Inviting Tender, General
Conditions of Contract, Pricing Schedule, General obligations, letter of acceptance
of tender with its enclosures, copies of which are hereto annexed, form part of
this contract though separately set out herein and are included in the expression
of Contract wherever herein used.
The MTNL accepted the tender of ____________________ And conveyed vide letter
No. __________________ dated _______ at the rates states in the pricing schedule
for the work and accepted by the MTNL (hereinafter called the schedule of rates upon
the terms and subject to the conditions of the contract).
NOW THIS AGREEMENT WITNESSETH & IT IS HEREBY AGREED AND DECLARED AS
1. In consideration of the payment to be made to the contractor for the work to be
executed by him, the contractor hereby covenants with the MTNL that the
contractor shall and will duly provide, execute, complete and maintain the said work
and shall do and perform all other acts and things in the contract mentioned or
described or which are to be implied there from or may be reasonably necessary
for the completion of the said works and at the said times and in the manner and
subject to the terms and conditions or stipulations mentioned in the contract, AND,
2. In consideration of the due provision, execution, completion and comprehensive
maintenance of the said work, the MTNL does hereby agree with the contractor
that the MTNL will pay to the contractor the respective amounts for the work
actually done by him and approved by the MTNL at the accepted rates and such
other sum payable to the contractor under provision of this contract, such payment
to be made at such time in such manner as prescribed for in the contract.
It is specifically and distinctly understood and agreed between the MTNL and the
contractor that the contractor shall have no right, title or interest in the site made
available by the MTNL for execution of the works or in the building, structures or works
executed on the said site by the contractor or in the goods, articles, materials etc.
brought on the said site (unless the same specifically belongs to the contractor) and the
contractor shall not have or deemed to have any lien whatsoever charge for unpaid bills,
will not be entitled to assume or retain possession on control of the site or structures and
the MTNL shall have an absolute and unfettered right to take full possession of site and
to remove the contractor their servants, against and materials belonging to the contractor
and lying on the site.
It witness whereof the parties hereto have here into set their respective hands and seals
in the day and the year first above written.
Signed and delivered for and on Signed and delivered for and on
Behalf of MTNL behalf of the contractor.
(MAHANAGAR TELEPHONE NIGAM LTD) CONTRACTOR
IN PRESENCE OF TWO WITNESSES.
PROFORMA FOR BANK GUARANTEE FOR SECURITY DEPOSIT.
THIS DEED OF GUARANTEE IS MADE ON __________________ DAY OF _________ between
MAHANAGAR TELEPHONE NIGAM LTD, with its registered office at Jeevan Bharti Building 1,
Connaught Circus, New Delhi 110001 (hereinafter called and assignees) of the one part and ______
hereinafter called the Bank (which expressing shall unless excluded by or repugnant to the context
include its successors and assignees on the other part).
WHEREAS MAHANAGAR TELEPHONE NIGAM LTD accepted the tender of M/s _____________
hereafter called the contractor to execute the work of MAHANAGAR TELEPHONE NIGAM LTD as
per letter conveyed vide MTNL letter No. ________________________________ dt. _______
(hereinafter referred to as the said contract) for the term of contract ___________ for the
period of ______ months.
AND WHEREAS the said contract provides that security deposit (10% of contract value) in the
form of irrevocable bank guarantee to be furnished by the contractor in the manner acceptable to
the Engineer in charge.
AND WHEREAS at the request of the contractor, the bank has agreed to execute these presents.
NOW THE DEED WITNESSED AND IT IS HEREBY AGREED AND DECLARED BY AND between
the parties hereto as follows:
1. a. That the bank hereby agrees and undertakes that if in the opinion of the MTNL, any
default is made by M/s ____________________ in performing any of the terms and
conditions of the agreement or if in the opinion of the MTNL, the contractor commits any
breach to the contract or there is any demand by the MTNL against
M/s. _______________ of the said security deposit in full or part thereof then on
notice to the Bank by the MTNL, the bank shall on demand and without demur and without
reference to M/s. ______________________ immediately pay to the MTNL in any
manner in which they may directed the said amount of Rs ________
(Rupees __________________ only) or such portion thereof as may be demanded by the
MTNL not exceeding the sum of the Bank guarantee. The liability to the Bank to pay is not
dependent or conditional on the MTNL’s proceedings against the contractor and the Bank
shall be liable to pay the aforesaid amount as and when demanded by them merely only
claim being raised by the MTNL.
b. That on receipt of the demand for payment of the amount as aforesaid, it will not be open
to the bank to challenge the said demand on any ground whatsoever including the
formation of opinion about the default and/or breach of the contract and/or liability to
pay the said security deposit in full of part thereof and such opinion of the MTNL shall be
final and binding on the Bank. The notice of demand shall be in the form enclosed and
when such notice is received, it shall be treated as notice, in accordance with the terms
of the Bank Guarantee.
c. That the Bank undertakes to pay the amount as may be demanded by the MTNL as
aforesaid within 2 (two) days of the receipt of the demand. In case the payment is not
made within 2 (two) days as aforesaid, the Bank shall be liable to pay 24% interest per
annum, for the delay in payment and shall be without prejudice to MTNL’s right for any
other remedies that may be permissible under the law to the MTNL.
2. That the MAHANAGAR TELEPHONE NIGAM LTD will have full liberty without reference
to Bank and without affecting this guarantee, postpone for anytime or from time to time
the exercise of and the powers and rights conferred on the MTNL under the contract
with the said M/s ____________________ which under law relating to the sureties
would but for the provisions have the effect of releasing the Bank.
3. That the right of MTNL to recover the said sum of Rs _______
(Rupees ___________________only) from the bank in manner aforesaid will not be
affected for suspended by reason of the fact that any dispute or disputes have been
raised by the said M/s ___________________ and/or whether any disputes are pending
before any officer, tribunal or court.
4. a. That the guarantee herein contained shall not be determines or affected by the
liquidation or winding up dissolution or change of constitution or insolvency of the said
M/s ___________________ but shall in all respects and for all purposes be binding and
operative until payment of all money due to MTNL in respect of such liability or liabilities.
b. The Guarantee herein contained shall not be affected by any change in the constitution of
the contractor or MTNL or the Bank and shall be continuing one.
5. a. The bank declares that it has power to issue this guarantee in favour of the MTNL under
its memorandum and articles of association and the undersigned has full power to execute
it under the power of attorney dt. ________ granted to him by the Bank.
b. That the Bank Guarantee can be invoked by the concerned Ex. Engineer _______
Accounts Officer _________ MTNL.
The invocation of the Bank Guarantee as mentioned above will be regarded and deemed to be
invocation of this Guarantee by the MTNL.
IT WITNESS WHEREOF THE parties have executed these presents the day and the year therein
Signed and delivered by Signed and delivered by
The constituted attorney
FOR AND ON BEHALF OF MTNL For and on behalf of the Bank in the
1. ____________________ 1. _____________________
2. ____________________ 2. _____________________
NB. The bank guarantee shall be from the State Bank of India or any scheduled bank of India.
TECHNICAL TERMS & CONDITION OF HOUSE KEEPING WORK.
Name of work:
SCOPE OF WORK.
1. Materials for cleaning: The materials required for cleaning such as buckets,
phenyl, cleaning powders, Brooms, Stick brooms, acid, cleaning dusters,
naphthalene balls, sanitary cube odonil, liquid soaps, toilet brushes etc. will have
to be provided by the tenderer. Materials used should be of good quality.
Naphthalene balls, odonil, liquid soaps etc. should be available in the toilet/wash
basins all the time. No materials will be supplied by the MTNL Mumbai.
2. Sweeping and cleaning works are to be completed before 09-00 AM.
3. Enough labour should be provided.
4. Divisional Engineer, MTNL of respective Buildings/sites will certify the
satisfactory completion of the job every day.
5. The uniforms are to be provided by contractor to supervisor and sweepers.
6. All Staff of contractor will have photo identity card issued by contractor so that
entry is restricted to only legitimate persons to the premises. The police
verification for such contractor staff will have to be done before employment in
the campus. However MTNL at its discretion may allow the contractor to employ
not more than 30% of total staff, to deploy initially without police verification.
In such cases the police verification will have to be completed within 30 days
from the date of employment by the contractor. MTNL will have the right to ask
for police verification from the contractor any other point of time also.
7. Any other work connected with cleaning and sweeping in the compound must be
carried out without extra cost under the direction of Engineer in-charge.
8. The contractor will have to produce list of workers along with two photographs,
local & hometown addresses and age and the workers while entering the building,
have to sign on register kept with the security guard.
9. Details of house keeping work of each building are given in Annexure – A1.
10. Tenderers should submit the claim of total amount per month with break-up on
the financial Bid as per Annexure-C.
Name and Address
a. Sweeping, cleaning with essence phenyl water of floors, corridors, officers,
MDF/TR, Exchange switch rooms, PCM Rooms, QCSC rooms, Security cabin, Sport
Room etc. and removing the cobwebs, dust etc. from the ceiling walls of the building
b. Sweeping, cleaning/removing cob webs from ceiling and walls in sub-station, Engine
Alternator room, Electricity meter room, cable chambers, battery rooms, floors are
to be wiped up with wet dusters.
c. Cleaning Gents and ladies toilets with essence phenyl water thrice daily (Before
9.00 Hrs. 14.00 Hrs and 16.00 Hrs) including tiles, walls, W.C Wash Basin and
removing cobwebs, dust from wall and ceiling, doors etc. Removing chock up is also
part of the toilet cleaning.
d. Sweeping of un-occupied compound.
e. Cleaning of water filter and filling it up with water. To provide drinking water to
the staff in dormitory, MDF, T/R, W/O, S/R, all the offices and Rooms.
f. Sweeping and cleaning with essence phenyl water of dormitories is a part of
g. Daily cleaning of furniture of all the officers, artificial water pots, decorative
h. Maintaining and watering of green plants.
i. Buckets of all the Toilets, which are to be used, should be cleaned daily.
j. Cleaning of carpet of GM Office by Vacuum cleaner.
k. Disposal of garbage at specified location decided by the local authority.
l. Sweeping and cleaning work given by concerned officer in-charge of the building
m. Cleaning of partitions frame, Glasses all windows shutters, door shutter, etc. are
part of sweeping and cleaning works.
n. Fans and Tube lights are to be cleaned once in two months at no extra cost.
a. Cleaning of water cooler.
b. Removable woods/Ventilations in the open space/Gardens.
B. HALF YEARLY.
a. Cleaning of Curtains
b. Cleaning of Glass Panes
(Wherever applicable as per schedule of item.)
Name & Address.
Particular Currey Road Telephone Exchange Bldg.
1. Open Area in Sq.Feet. (Terrace) 8073.22 Sq. fts.
2. Closed area including Exchange
47362.92 Sq. fts.
equipments in Sq.ft.
3. Total Nos. of Toilet. 14 Nos.
4. No. of water cooler. 04 Nos.
5. Cleaning of Compound 19375.74 Sq. fts.
6. Maintenance of Trees, Gardens
available at all the exchange’s
campus (Cutting of un-wanted grass,
3210 Sq. fts.
uniform cutting of grass, removal of
unwanted grass, watering to grass,
The tender can inspect the site where the job work is to be done on any working
day between 11.00 hrs. to 16.00 hrs. till last date for submitting tender.
Name and Address:
SCHEDULE OF ITEMS FOR WHICH RATES ARE TO BE QUOTED.
(To be submitted in separate sealed cover)
Sl. Type of area Approx. Details of Basic Rate as per the Column (4)
No Area in Calculation of Rate in Figures Rate in words
1 2 3 4 5 6
1. Closed Area (Daily Rate per Sq. Rs. Rs.
Cleaning) 47362.92 Ft/Month
(Excluding Toilet Sq. fts.
2. Open Area (Daily 19375.74 Rate per Sq. Rs. Rs.
Cleaning) Sq. fts. Ft/Month
3. Garden Area 3210 Rate per Rs. Rs.
(Daily Cleaning) Sq. fts. Sq.Ft/Month
4. Toilet Area 14 Nos. Rate per Rs. Rs.
(3 Times a day) Toilet/Month
5. Water Cooler 04 Nos. Rate per Rs. Rs.
Add Non Cenvatable i. VAT @ %
ii. Other Taxes
Add Cenvatable Taxes Service Tax @ %
Date: Signature of Bidder
Place Name & Rubber Stamp.
( on Rs. 100/- Stamped Paper duly notarized)
I ___________________ son of / wife of Shri______________________And
proprietor / Director / partner / Authorized Signatory of M/S____________________
Do hereby solemnly affirm and declare as under:
1. That I am the sole prop. / partner / Director / Authorized Signatory of
M/s.______________________________ which has never ever been debarred and
/ or black-listed by any MTNL and not having any on going litigation or court case
pending or any other money suits also state that the bid is not submitted in the name
of this firm while being Director or partner or proprietor or authorized signatory of
such firm which is either debarred, black-listed or has entertained litigation or
having on going litigation or court cases or money suits pending regarding the failure
of contractual obligations.
2. That I state & declare that none of my near relatives or any of the partners or other
directors are working in MTNL in general and in MM and construction wings in
3. In case the above declaration is found to be incorrect or wrong, the contract if
awarded to the firm shall be terminated immediately and the firm shall be liable to
black-listed / debarred for future works / contract with MTNL. Any such action shall
however be without prejudice to MTNL’s rights under the law.
The above declaration is given in accordance with the NIT conditions.
Signature of Prop. /Partner/Director/ Authorized Signatory
(Shri / Smt. ______________________)
Note: 1. If the firm has been debarred and / or blacklisted by any Department. of
Central Govt. / State Govt. / PSU / Public bodies / Municipalities in past and
now the order has been revoked or period finished or court case is under
process, then firm should furnish details of such cases.
2. The near relatives for this purpose are defined as per clause no. 11 of
Instructions to tenderer.
3. The authorized signatory is signing this indemnity bond on behalf of
proprietor/directors/partners and will not relieve the
proprietor/directors/partners from any /all the legal bindings as envisaged
in NIT/Tender document.