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					BHARAT SANCHAR NIGAM LIMITED (A Government of India Enterprise)
O/o DIVISIONAL ENGINEER TELECOM OPTICAL FIBRE EQUIPMENT DIVISION PATNA-800 002

FAX – 0612-2258443

0612-2258410

NIT No.OFC/PT/Tender/07-08/01;
REVISED

dated at Patna the 12/09/07

TENDER DOCUMENT
FOR

Trenchless & Laying of PLB Pipes and CARRYING OUT ASSOCIATED WORKS
NAME OF WORK : Micro-Tunneling by HDD Method For H1- Wazirganj-Hassua-Nawada, H2-Daudnagar-Aurangabad-Amba H3- Anywhere in Bihar Section No.:- H1 / H2 / H3.
NAME & ADDRESS OF THE TENDERER : ......................................................................... ......................................................................... ……………………………………………………………. TELEPHONE / MOBILE NO. ………………………

Tender Document No. ............. Issued on.............................. Divisional Engineer Telecom Optical Fibre Equipment Division, Patna:800 002

TABLE OF CONTENTS
Section
I.

Content
Notice Inviting Tender

page No.
1-3

II.

Bid From

4-4

III.

Tenderer’s

profile

5-6

IV.

Instruction to Bidders

7-14

V.

General (commercial) condition of the contract

15-22

VI.

Special conditions of the contract

23-29

VII.

Scope of Work and jurisdiction of Contract

30-34

VIII.

Material Security Bond From

35-35

IX.

Agreement Performa

36-36

X.

Letter of authorization for attending bid opening List of the documents to be submitted along with qualifying bid Work Order Format Construction Practice for Trench less/Horizontal Directional Drilling Standered Schedule of Rate

37-37

XI.

38-38

XII.

39-39

XIII.

40-40

XIV

41-41

XV

Financial Bid

42-42

SECTION I

BHARAT SANCHAR NIGAM LIMITED
(A Govt. of India Enterprises)

Office of the Divisional Engineer Telecom Optical Fibre Equipment Division, 1ST Floor, Anisabad Telephone Exchange Building, PATNA:800 002
No.OFP/PT/Tender/07-08/01(Revised) Dated at Patna the 12/09/2007

NOTICE INVITING TENDER
Properly sealed [PVC Tape/Sealing wax] percentage rate tenders are invited by Divisional Engineer Telecom O/F Eqpt. Division, Patna for and on behalf of Bharat Sanchar Nigam Limited from eligible contractors(eligibility condition mentioned against each work) of sound Financial standing. For Cable Construction works the intending tenderers must have the experience certificate of at least 10 km for Optical Fiber Cable Construction work (In last two Financial years i.e.2005-06& 06-07) , 10 nos of RCC Manhole in previous year for construction of RCC Manhole and work-experience certificate of transportation of telecom stores for Transportation issued by an officer of the level of DGM/TDM or Equivalent of BSNL/DOT. For Supply items tenderers should have registration with NSIC/SSI with sufficient supply experience for the item concerned. The tenderers have to produce Certificate of Registered/ Enlisted with DOT/ BSNL or other Central/State Govt. Department in the State of Bihar and requisite documents of Eligibility issued by Competent authority in original at the time of application for issuance of Bid Documents. The scope of work may increase or decrease as per the conditions contained in Bid document. Name of Route
Length in km [Approx] Estimated Cost in Rs. Bid Security In Rs. Schedule Cost of Bid for Document completion [Non(in weeks) Refundable ] Minimum Eligibility of Contractor / Bidder Supplier for the Tender

A. CABLE CONSTRUCTION WORKS :A1. Wazirganj-Hisua-Nawada Sec1;Route Length-21.2Km) A2. Wazirganj-Hisua-Nwada (Sec2;Route Length -16.5Km) A3. Daudnagar-Aurangabad (Sec1; Route Length - 18.0Km) A4. Daudnagar- Aurangabad (Sec2;Route Length -18.3Km) A5. Aurangabad – Amba ( Route Length-19.0Km) A6. Around Patna Urban ( Route Length-5.0Km) A7. Around Patna Rural ( Route Length-5.0Km) B1. Duct Cleaning and Cable Blowing in Bihar B2. Duct Cleaning and Cable Pulling in Bihar 19.00 km 13.00 km 15.70 km 15.75 km 16.90km 5.00km 5.00km 7,36,677/4,91,660/5,86,220/5,90,176/6,42,602/2,59,930/1,79,720/18,417/12,292/14,656/14,754/16,065/6,498/4,493/10 8 8 8 9 6 6 1,000/500/1,000/1,000/1,000/500/500/a. Exp. of 10Km for last two Yrs. b. Labour License

B. DUCT CLEANING AND CABLE BLOWING WORKS IN BIHAR
100 Km 100 Km 8,00,000/4,00,000/20,000/10,000/8 8 1,000/500/a. Cable blowing tenderer should have proof of having Blowing Machine b. Exp.of O/F Cable blowing /Pulling of last two Yrs. c. Labour License a. Proof of having HDD Machine. b.Registration of the Firm/Contractors license. c. Exp. of HDD Work d. Labour License

H. HORIZONTAL DIRECTIONAL DRILLING [HDD] WORKS :H1. HDD-Wazirganj-Hasua5.00 km Nawada OFC Rout H2. HDD- Daudnagar7.50 km Aurangabad - Amba OFC Rout H3. HDD- Anywhere in Bihar 5.00 km 10,00,000/- 25,000/14,10,000/- 35,250/9,80,000/24,500/6 6 6 1,000/1,000/1,000/-

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O. CABLE CONSTRUCTION WORKS FOR OAN :O1. Cable Construction works by HDD & Conventional Method 13.00Km 21,24,252/- 53,106/+Construction of Man Hole For ARRAH OAN (Sec1) O2. Cable Construction works by HDD & Conventional Method 14.00Km 21,73,364 54,334/+Construction of Man Hole For ARRAH OAN(Sec2) 10 1,000/a. Proof of having HDD Machine. b. Registration of the Firm/ Contractors license. And

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c. Exp. of related work of Last two Yrs. 1,000/- d. Labour License

M. Construction of RCC Man Hole in Bihar
M1. Construction of RCC Man Hole anywhere in Bihar. 50 Nos. 15,00,000/- 37,500/8 1,000/a. Exp. of Manhole constn. b. Laboure License

S.

SUPPLY RCC PIPES, COLLERS, JT./RT.INDICATOR AND SLAB AS PER SPECEIFICATION GIVEN IN TENDER DOCUMENT.
1,000 M 50 Nos. 5,000 M 800 Nos. 20 Truck 1,05,000/1,75,000/1,68,000/2,00,000/76,000/2,625/4,375/4,200/5000/2 2 2 500/500/500/500/150/Registered/ Enlisted Transporter. Vehicle should be Registered as Commercial with DTO. Manufacturer/Supplier registered with NSIC/SSI and exp of supply.

S1. RCC Full Pipes RCC Coller with cover (within 200 km from Patna ) S2. RCC Split Pipes (within 200 km from Patna ) S3. RCC Joint/Rout Indicator (within 200 km from Patna ) T. Transportation of stores

T. TRANSPORTATION OF TELECOM STORES

V. HIRING OF LIGHT COMMERCIAL VEHICLE FOR 180 DAYS
V. Hiring of LMV(Commercial) 1(Closed) 1900/- 180days

Conditional tender will not be accepted. The tender has to apply in his letter head specifying the name of the work with a set of desired minimum documents and produce the Original Certificates for verification before issue of tender papers. The tenderer has to fulfill the eligibility conditions as laid down in the Qualifying Bid for his eligibility before opening of Financial Bid Documents. Tender paper will not be issued to such agencies whose performance in DOT / BSNL in last two years period has been unsatisfactory. Mode of Payment – Tender Document could be purchased by paying cost of bid document in cash or DD drawn in favour Accounts Officer, [Cash], BSNL O/o DGM, T/P, Patna. Payable at Patna. Bid security is to be paid in the form or Crossed Demand Draft issued by a scheduled bank, drawn in favour of A.O.[Cash], BSNL O/o DGM, T/P, Patna payable at Patna. If the tenderers wish to obtain tender forms by post, they may do so against extra payment of Rs.100/per bid document. Separate DD for this amount should be submitted or added with the cost of Bid Document in the form of DD drawn in favour of A.O.Cash,(BSNL) % DGM,T/P, Patna for the cost of bid document. However, the BSNL shall not be responsible for postal delay, if any. The tender document may also be downloaded from website www.etp.bsnl.co.in. For downloaded tender document, the cost of tender document is to be submitted separately along with bid security in the form of DD issued from any nationalized or scheduled bank and drawn in favour of Accounts Officer,Cash (BSNL) % DGM, T/P, Patna payable at Patna. “Only two tender papers from Gr „A‟ and any three tender papers from Gr„H‟, „O‟ and „M‟ may be issued to one Agency.” The work may normally be awarded to two / three agencies at the rate of L-1, as per requirement of works, in the ratio of 60:40 / 50:30:20. In case no other tenderers is willing to work on L-1‟s rate, entire work may be awarded to L-1 tenderer.

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The Department reserves the right to decrease or increase the work by up to 25% of the total quantum of work specified in the schedule or requirements without any change in the rates or other terms & conditions. For any clarification the prospective bidders can contact the DET O/F Equipment Division,Patna on Telephone No.0612-2258408 Tender Document Containing detailed description of work & Terms and conditions can be had from O/o D.E.T.,O/F Equipment Divn.,1ST Floor, Anisabad Telephone Exchange Building, Patna:800 002. Sale of Tender Documents between 11.00 hrs. to 15.00 from 12/09/2007 to 01/10/2007 [In all working days]. Time and last date of submission of Bid up to 14.00 hrs. on 04/10/2007. Time Bid Opening at 15.00 hrs. on 04/10/2007. The tender, which is not accompanied by the requisite Bid Security and necessary documents, shall be summarily rejected, Tender will not be accepted/received after expiry date and time. The D.E.T. O/F Equipment Division, Patna reserves the right to reject any or all tenderers without assigning any reason what-so-ever.

Divisional Engineer Telecom O/F Equipment Division, Patna:800 002

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SECTION II
BID FORM Tender No. : OFP/PT/TENDER/07-08/01 Dated : 12/09/2007

TO, THE D.E.T. OPTICAL FIBRE EQUIPMENT DIVISION,B.S.N.L. PATNA Dear Sir, Having examined the conditions of contract and specifications including the receipt of which is hereby duly acknowledged, we, undersigned, offer to execute the work of laying PLB Pipe laying by Horizontal Directional Drilling method in conformity with said drawings, conditions of contract and specifications as may be ascertained in accordance with the schedule of prices attached herewith and made part of this Bid. We undertake, if our Bid is accepted, we will execute the work in accordance with specifications within time limits & terms and conditions stipulated in the tender document. If our Bid is accepted, we shall submit the securities as per the conditions mentioned in the contract. We agree to abide by this Bid for a period of 240 days from the date fixed for Bid opening (Qualifying Bid) and it shall remain binding upon us and may be accepted at any time before the expiry of that period. Until a formal agreement is prepared and executed, this Bid together with your written acceptance thereof in your notification of award shall constitute a binding contract between us. Bid submitted by us is properly sealed and prepared so as to prevent any subsequent alteration and replacement.

Dated :---/---/2007 Signature & seal of Authorized Signatory In capacity of …………… Duly authorized to sign the bid for and on behalf of …………….. Witness …………………… Address …………………… Signature ………………….

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SECTION III
3 3.1 3.1.1 3.1.2 TENDERER‟S PROFILE General: Name of the tenderer / firm / Company ………………………… Name of the person submitting the tender whose Photograph Is affixed Sri / Smt . ………………………………….. (In case of Proprietary/Partnership firms, the tender has to be Signed by Proprietor/Partner only, as the case may be) Address of the tenderer ………………………………………………………………………………………………………………………………… ………… ………………………………………………………………………………………………………………………………… ………… 3.1.4 Telegraphic ………………….. Tel. No. (with STD Code) (O) ………………….(Fax)……………............(R)……………. 3.1.6 Registration & incorporation particulars of the firm: i. ii. iii iv . Proprietorship Partnership Private Limited Public Limited Address

Affifx a passort size Photograph

3.1.3

3.1.5

(Please attach attested copies of documents of registration / Incorporation of your firm / Company with the competent authority as required by business law) 3.1.7 Name of Proprietor/Partners/Directors ………………………………………………………….. ………………………………………………………….. ………………………………………………………….. ………………………………………………………….. 3.1.8 Tenderer’s bank, its address and his current account No. ………………………………………………………….. ………………………………………………………….. ………………………………………………………….. ………………………………………………………….. 3.1.9 Permanent Income Tax number, Income Tax Circle (Please attach a copy of the last Income Tax Return) 3.1.10 Infrastructural capabilities:

3.1.10.1 Details of the machine a. Make b. Model No & Serial No.

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3.1.10.2

c. Capacity Whether Capable of drilling 200 mts length at a stretch (Please attach certificate from manufacturer of the machine)

3.1.10.3 Whether the machine is readily available 3.1.10.4 If yes, whether owned or hired. 3.1.10.5 Licensing details (Please attach copy of license) 3.1.10.6 Other machines like Trucks, Water tanker, sensors for detecting underground utilities or obstacles to be listed out. Type of vehicles ……………………………… ……………………………… ……………………………… ……………………………… ……………………………… ……………………………… Registration no. …………………….. …………………….. …………………….. …………………….. …………………….. ……………………..

Note: Please furnish the above details separately for each machine available with the bidder 3.1.11 Details of Technical and Supervisory Staff:

3.1.11.1 Name of the supervisor : 3.1.11.2. Qualification : 3.1.11.3 No. of years of experience : 3.1.11.4 Sl. No. Details of the previous HDD works carried out Quantity in Kms Year Place For which organizatio n Reference

a. b. c. d. I/We hereby declare that the information furnished above is true and correct.

Place: Date:……………. signatory

Signature & seal of tenderer/Authorized (With Name)

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4. 4.1 4.1.1

SECTION IV
Instruction to Bidders INTRODUCTION: DEFINITIONS a. b. c. President of India: The President of India means the President of India and his successors. Government of India: The Government or Government of India shall mean the President of India The BSNL means BHARAT SANCHAR NIGAM LIMITED, the company with Board of Directors and Chairman & Managing Director, with Head Quarters at New Delhi. All references of: Department BSNL Chief General Manager General Manager Deputy General Manager Divisional Engineer Sub Divisional Engineer Junior Telecom Officer Chief Accounts Officer Accounts Officer Assistant Accounts Officer Junior Accounts Officer

Including other officers in the BSNL, whatever designations assigned to them from time to time, who may be the in-charge of direction, supervision, acceptance, testing and maintenance including their successor(s) in the office appearing in various clauses shall be taken to mean the BSNL, an enterprise under the Ministry of Communications &IT, Government of India d. The General Manager means the General Manager (Telecom Project),Patna BSNL. or & his successors. e. The Deputy General Manager means all the Dy.General Managers Telecom (P), Patna f. The Divisional Engineer means all the Divisional Engineers of Telecom Project in charge of underground cable works and their successors. g. Representatives of the Divisional Engineer means the Officer and staff for the time being in the Telecom Project deputed by the Divisional Engineer concerned for supervising the works etc. h.The jurisdiction of DGM,TP,Patna: The jurisdiction of DGM TP,Patna means full SSA under his control for Telecom Administration and service. i. Engineer-in-charge: The Engineer-in-charge means the Engineering Officer nominated by DGM TP,Patna , to supervise the work, under the contract (Minimum Divisional Engineer level Officer). j. Site Engineer: Site Engineer shall mean an SDE/JTO of BSNL who may be placed by the DGM(TP) / DETP concerned as in-charge of the work at site at any particular period. k. A/T Unit: A/T Unit shall mean Acceptance and Testing Unit of the BSNL. l. A/T Officer: An Officer authorized by DET T&DPatna to conduct A/T. m. Contract: The term contract means, the documents forming the tender and acceptance thereof and the formal agreement executed between the competent authority on behalf of CMD,BSNL and the contractor, together with the documents referred to therein including these conditions, the specifications, designs, drawings and instructions issued from time to time, by the engineer in-charge and all these documents taken together shall be deemed to form one contract and shall be complementary to one another. In the contract, the following expressions shall, unless the context otherwise requires have the meanings, hereby respectively assigned to them. The expression works or work shall unless there be something either in the subject or context repugnant to such construction, be construed and taken to mean the works by or by virtue of the contract contracted to be executed whether temporary or permanent, and whether original, altered, substituted or additional. n. Contractor: The contractor shall mean the individual, firm or company, whose tender is accepted, undertaking the works and shall include the legal personal representative of such individual or the persons composing such firm or company, or the successors of such firm or company and the permitted assignees of such individual, firm or company.

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o. Works: The expression “Works” shall unless there be something either in the subject or context repugnant to such construction be construed and taken to mean the works by or by virtue of the contract contracted to be executed whether temporary or permanent and whether original, altered, substituted or additional. p. Schedule(s): Schedule(s) referred to in these conditions shall mean the relevant schedule(s) or the standard schedule of rates mentioned in the document. q. Site: The site shall mean the land/or other places on, into or through which work is to be executed under the contract or any adjacent land, path or street through which, the work is to be executed under the contract or any adjacent land, path or street which may be allotted or used for the purpose of carrying out the contract. r. Normal Time or Stipulated Time: Normal time or stipulated time means time specified in the work order to complete the work. s. Extension of Time: Extension of Time means the time granted by the DGM (TP) BSNL, Patna to complete the work beyond the normal time or stipulated time. t. Date of Commencement of Work: Date of commencement of work means the date of actual commencement of work or 3rd day from the date of issue of work order, whichever is earlier. u. Due date of completion: Due date of completion shall be the date by which the work shall be completed at site including clearance of site. v. Duration of completion of work: The duration of completion of work or completion time shall be time specified in the work order plus extension of time granted, if any. w. Excepted risk: Excepted risk are risks due to war (whether declared or not), invasion, act of foreign enemies, hostilities, civil war, rebellion, revolution, insurrection, military or usurped power, any acts of Government damages from aircraft, acts of God, such as earthquake, lightening and unprecedented floods and other causes over which, the contractor has no control and the same having been accepted as such, by the Accepting Authority or causes solely due to use or occupation by the government of the part of the work, in respect of which a certificate of completion has been issued. 4.2 ELIGIBILITY OF BIDDERS: The invitation of bids is open to a registered company/Firm/Contractor with Central Government /State Government organizations. 4.2.1 While bidding the tenderer should have at least one machine at his disposal which should be capable of digging at least 200m HDD from 50 mm dia to 180 mm dia per day on an average. If required, more than one machine may be required to complete the work within specified time period. 4.2.2 The successful bidder may be allotted works in more than one location simultaneously for which the bidder should be capable of organizing additional machines and resources for simultaneous working in order to complete the work with in specified time period. 4.2.3 The tenderer should have at least one supervisor with minimum qualification of diploma in Civil Engineering in his establishment. 4.2.4 The bidder has to apprise himself of the laws/rules/regulations of the Nagar Palika/ Municipality/ Development authority and other local bodies of the concerned city and abide by such laws /rules/regulations concerning his work. Any lapses on this account may lead to penalize and prosecution for which the contractor will be solely responsible. 4.3 THE BID DOCUMENTS: BID DOCUMENTS: The HDD work to be carried out, goods required, bidding procedures and contract terms are prescribed in the Bid Documents. The Bid Documents include: 4.3.1 Qualifying Bid: 4.3.1.1 Notice inviting Tender 4.3.1.2 Bid Form 4.3.1.3 Tenderer‟s Profile. 4.3.1.4 Instruction to Bidders. 4.3.1.5 General (Commercial) Condition of the contract. 4.3.1.6 Special Conditions of Contract. 4.3.1.7 Scope & Description of work. 4.3.1.8 Material Security Bond Form. 4.3.1.9 Agreement (Sample).

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4.3.1.10 Letter of Authorization for Attending Bid Opening. 4.3.1.11 List of Documents to be submitted along with the Qualifying Bid 4.3.1.12 Rates of Empty Cable Drums. 4.3.2 Financial Bid: 4.3.2.1 Schedule of rates – for HDD work using micro tunneling technique. 4.3.2.2 Financial Bid form The bidder is expected to examine all instructions, forms, terms & conditions and specifications in the bid documents. Failure to furnish all information required as per the Bid Documents or submission of bids not substantially responsive to the Bid Documents in every respect will be at the bidder‟s risk and shall result in rejection of the bid. 4.4 QUERIES ON BID DOCUMENTS: A prospective bidder, requiring any clarification of the Bid Documents shall notify the BSNL in writing or by fax at the BSNL‟s mailing address indicated in the invitation for Bids. The BSNL shall respond in writing to any request for clarification of the Bid Documents, which it receives not later than 7 days prior to the date for the opening of the bids. Copies of the query (without identifying the source) and the clarifications by the department shall be posted in the web form to all the bidders. 4.5 AMENDMENT OF THE BID DOCUMENTS: 4.5.1 At any time, prior to the date of submission of bids BSNL may, for any reason whether sue motto or in response to a clarification requested by a prospective Bidder, modify the bid documents by amendments. 4.5.2 The amendments shall be notified in writing or by telex or FAX to all prospective bidders on the address intimated at the time of purchase of bid document from the department and these amendments will be binding on them. 4.5.3 In order to afford prospective bidders reasonable time to take the amendments into account in preparing their bids, BSNL may, at its discretion extend the deadline for the submission / opening of bids suitably. 4.6 PREPARATION OF BIDS 4.6.1 Cost of Bidding: The bidder shall bear all costs associated with the preparation and submission of the bid. The department, will in no case, be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process. 4.7 DOCUMENTS ESTABLISHING BIDDER’S ELIGIBILITY AND QUALIFICATIONS: The bidder shall furnish, as part of his bid documents establishing the bidder‟s eligibility, the following documents: i. Bid Security in accordance to clause no. 4. 8 ii. Tender document(s), in original, duly filled in and signed by tenderer or his authorized representative along with seal on each page. All corrections and overwriting must be initialed with date by the tenderer or his authorized representative.. iii. The registration of the firm, Authenticated copy of partnership deed in cases of partnership firm & form A issued by Registrar of firms or Article and Memorandum of Association along with certificate of incorporation in case of company iv. Bid Form, duly filled in, as per section II. v. Tenderer‟s profile , duly filled in, as per section III of the tender document. vi. Original „Power of Attorney in case person other than the tenderer has signed the tender document. vii. List of qualified experienced personnel, who are working for the tenderer who will be deployed for carrying out the work. 4.8 BID SECURITY: 4.8.1 The bidder shall furnish, as part of his bid, a bid security (EMD) for an amount as mentioned in Notice Inviting Tender. No interest shall be paid by the department on the bid security for any period, who so ever.

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4.8.2 The bid security is required to protect BSNL against the risk of bidders conduct, which would warrant the security‟s forfeiture, pursuant to Para 4.8.7 4.8.3 Bid Security shall be paid in the form of Crossed Demand Draft issued by a scheduled bank drawn in favour of Accounts Officer (Cash),BSNL, % Director telecom Project, Patna payable at Patna 4.8.4 A bid not secured in accordance with Para 4.8.1 & 4.8.3 shall be rejected by BSNL as non responsive. 4.8.5 The bid security of the unsuccessful bidder will be refunded as promptly as possible but not later than 30 days after the expiry of the period of bid validity prescribed by BSNL. 4.8.6 The successful bidder‟s bid security will compulsorily be converted to part performance security deposit in accordance with clause Section V, clause 5.5 4.8.7 The bid security shall be forfeited: 4.8.7.1If a bidder withdraw his bid during the period of bid validity specified in the bid document or. 4.8.7.2 If the bidder makes any modifications in the terms and conditions of the tender before acceptance of the tender, which are not acceptable to the department or 4.8.7.3 In case of successful bidder, if the bidder fails: i. To sign the agreement in accordance with section IX ii. To furnish Material Security in accordance with clause 5.5 of section V. 4.9 4.9.1 BID PRICES: The bidder shall give the total composite price inclusive of all levies and taxes, packing, forwarding, freight and insurance in case of materials to be supplied and inclusive of all taxes and levies in case of works to be executed. The contractor shall be responsible for transporting the materials, to be supplied by BSNL (At the designated Telecom Store) or otherwise to execute the work under the contract, to site at his/their own cost. The costs of transportation are subsumed in the standard Schedule of Rates and therefore no separate charges are payable on this account. The offer shall be firm in Indian Rupees. Prices shall be quoted by the bidder as percentage below / above / at par the schedule of rates given in (Financial Bid). Prices quoted other than specified place shall not be considered. The price quoted by the bidder shall remain fixed during the entire period of contract and shall not be subject to variation on any account. A bid submitted with an adjustable price quotation will be treated as non-responsive and rejected. Discount, if any, offered by the bidders shall not be considered unless they are specifically indicated in the schedule of rates (financial Bid). Bidders desiring to offer discount shall therefore modify their offers suitably while quoting and shall quote clearly net price taking all such factors like Discount, free supply, etc., into account.

4.9.2 4.9.3

4.9.4

4.10 PERIOD OF VALIDITY OF BIDS: Bid shall remain valid for 240 days from date of opening of the bid (Qualifying Bid). A BID VALID FOR A SHORTER PERIOD SHALL BE REJECTED BY BSNL AS NON-RESPONSIVE. 4.10.1 BSNL reserves the right to request the lowest 3 bidders as per read out list on the opening day to extend the bid validity for a period of further 120 days and the bidder has to necessarily extend the bid validity. Refusal to extend the bid validity will result in forfeiture of the bid security. A bidder accepting the request and extending the bid validity will not be permitted to modify his bid.

4.11 4.11.1

SIGNING OF BID: The bidder shall submit, as a part of his bid, the bid documents (in original) duly signed on each and every page, establishing the conformity of his bid to the bid documents of all the works to be executed by the bidder under the contract. (Note: The tenderer is advised to keep a photocopy (at his own cost) of the bid documents for his own reference.) 4.11.2 The bid shall contain no inter-lineation, erasures or overwriting except as necessary to correct errors made by the bidder in which case such corrections shall be signed with date by the person or persons signing the bid. 4.12 SUBMISSION OF BIDS: 4.12.1 Method of preparation of bid: Bid for each tender should be submitted in three envelopes mentioning title on the top of the cover placed inside a main cover. These envelopes should contain the following:

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First

Bid Security

Containing Bid Security as per clause 4.8 of section IV & cost of tender document if downloaded from Web. Containing documents as per clause 4.7 of section IV except bid security Rates duly quoted by the tenderer in the prescribed format at Annexure as per section XIV of this document.

Second Third

Qualifying Bid Financial Bid

On all these envelopes the name of the firm, whether “Bid Security” OR “Qualifying” OR “Financial” bid must be clearly mentioned and should be properly sealed (with sealing wax/Packing PVC tape). These envelopes are to be placed inside an outer envelope and properly sealed (with sealing wax/Packing PVC tape). The tenders which are not submitted in above mentioned manner shall be summarily rejected. 4.12.2 All envelopes (3 inner & one outer) must bear the following:

Tender for Multiple PLB Pipe laying by Horizontal Directional Drilling method for OAN …………………. (name of city). “NOT TO OPEN BEFORE (DUE DATE OF TENDER) (Tender No. …………………………………………….)” 4.12.3 4.12.4 The tenderer will be bound by all terms, conditions & specifications as detailed in the tender documents. Any tender with conditions other than those specified in the tender document is liable to be summarily rejected. No modification by the contractor in any of the conditions will be permitted after the tender is opened. SUBMISSION OF BIDS:

4.13

4.13.1 Tenders should be dropped in person in the tender box placed in the chamber of Divisional Engineer Telecom OFE DIVN.(P), Patna 4.13.2 before the closing date & time of tender, as mentioned in NIT. The tenderer will have to ensure the delivery of the bids at the correct address. The department shall not be held responsible for delivery of bid to the wrong address. The slit of the tender box will be sealed immediately after the specified time for receipt of tender. Any tender presented in person after the sealing of box will not be accepted by The Divisional Engineer Telecom OFE DIVN.(P) ,Patna or by any of the subordinates and will not be allowed to be deposited in the tender box. The tenderers who wish to submit their tenders by registered post may do so. However, the BSNL shall not be responsible for delay, if any. 4.13.3 Postponement of Tender Opening: Whenever it is considered necessary to postpone the opening date of tenders, quick decision must be taken and communicated to the tenderer who have purchased the tender documents and shall be at least one day before the original date of opening. The reasons for postponing the tender shall be recorded in writing. Such notice of extension of date of opening shall also be put up on the notice board and also published in the newspapers in which original NIT have been published. If the date of opening of bids is declared as holiday, the bids will be opened on the next working date at the same time and venue The Government of India if subsequently, declares date fixed for opening of bids as holiday, the revised schedule will be notified. However, in absence of such notification, the bids will be opened on next working day. Time and venue remaining unaltered. LATE BIDS: Tenders will not be received after the specified time of closing of the tender and the same shall be rejected and returned unopened to the bidder. It is the sole responsibility of the tenderer that he should ensure timely submission of tender. MODIFICATIONS AND WITHDRAWAL OF BIDS:

4.13.4

4.14 4.14.1

4.15

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4.15.1 The bidder may modify or withdraw his bid after submission and before opening, provided that the intimation is deposited by the bidder in a properly sealed envelope (with Wax/Packing PVC tape) in the tender box, before the schedule time & date for closing of tender. 4.15.2 No bid shall be modified subsequent to the deadline for submission of bids 4.16 BID OPENING AND EVALUATION 4.16.1 OPENING OF BIDS BY BSNL: 4.16.1.1 BSNL shall open the bids in the presence of bidders or his authorized representatives who choose to attend, on due date & time. The bidder‟s representatives who are present, shall sign an attendance register. The bidder shall submit authority letter to this effect before they are allowed to participate in the bid opening (A format is given in section – X ) 4.16.1.2 A maximum of two (2) representatives for any bidder shall be authorized and permitted to attend the bid opening. 4.16.1.3 The Bids shall be opened in the following manner: 4.16.1.3.1 The bid opening committee shall count the number of bids and assign serial numbers to the bids. For example, if 10 tenders have been received the bids shall be numbered as 1 of 10, 2 of 10 etc. All the members of TOC shall initial on the outer envelopes of all the bids with date. 4.16.1.3.2 The envelopes containing the tender offer not properly sealed, shall not be opened and shall be rejected outright. Closing the cover by gum, will not be treated as sealed cover. The reasons for not opening such tender offers shall be recorded on the face of the envelope and all the members of bid opening committee shall initial with date. 4.16.1.3.3 First the outer envelope containing the three envelopes is opened. The bid opening committee shall initial on all three envelopes with date. 4.16.1.3.4 Among these three envelopes, the envelope marked “BID SECURITY” shall be opened first and examined. 4.16.1.3.5 The bidders who have submitted proper bid security as per tender document, their “QUALIFYING BID”, shall be opened and papers/documents submitted by the bidder shall be examined and recorded by the TOC. After opening the qualifying bid, all the documents contained therein shall be serially numbered and signed by the bid opening committee members. 4.16.1.3.6 After recording of the “Qualifying Bid” the TOC will place all the Financial bids submitted by the bidder in an envelope and will seal it with a wax for keeping in safe custody. 4.16.1.4 The financial Bid shall be opened in the following manner: 4.16.1.4.1 The envelope marked “Financial Bid”, will be opened only for qualified tenders in “Qualifying bid” 4.16.1.4.2 The date and time of opening of “Financial bid” shall be conveyed to all the bidders who have qualified in qualifying bid and their representatives shall be allowed to attend the financial bid opening. 4.16.1.4.3 After opening the “Financial Bid” the bidder‟s name, bid prices, modifications, bid withdrawals and such other details as BSNL, at its discretion, may consider appropriate, will be announced at the opening. 4.16.1.4.4 In case there is discrepancy in figures and words in the quote, the same shall be announced in the bid opening, but the quote in words shall prevail. 4.17 CLARIFICATION OF BIDS BY BSNL: To assist in examination, evaluation and comparison of bids, BSNL may, at its discretion ask the bidder for clarification of its bid. The request for its clarification and its response shall be in writing. However, no post bid clarification at the initiative of the bidder shall be entertained. 4.18 4.18.1 PRELIMINARY EVALUATION: BSNL shall evaluate the bids to determine whether they are complete, whether any computational errors have been made, whether required sureties have been furnished, whether the documents have been properly signed and whether the bids are generally in order. If there is discrepancy between words and figures, the amount in words shall prevail. If the Bidder does not accept the correction of the errors, his bid shall be rejected. Prior to the detailed evaluation, BSNL will determine the substantial responsiveness of each bid to the bid document. For purpose of these clauses a substantially responsive bid is one which conforms to all the terms and conditions of the bid documents without deviations. BSNL„s

4.18.2 4.18.3

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4.18.4

4.18.5

determination of bid‟s responsiveness is to be based on the contents of the bid itself without recourse to extrinsic evidence. A bid determined as substantially non responsive will be rejected by BSNL and shall not subsequent to the bid opening be made responsive by the bidder by correction of the nonconformity. BSNL may waive any minor infirmity of non-conformity or irregularity in a bid which does not constitute a material deviation, provided such waiver does not prejudice or affect the relative ranking of the bidder.

EVALUATION AND COMPARISON OF SUBSTANTIALLY RESPONSIVE BIDS; BSNL shall evaluate in detail and compare the bids previously determined to be substantially responsive. 4.19.2 The evaluation and comparison of responsive bids shall be on the percentage deviation (above/below/at par) offered and indicated in schedule of rates of the bid documents. 4.19.3 SELECTION CRITERIA 4.19.3.1 Three contractors may be approved but tenderers can be selected from the Technically qualified list based on their Financial Bid rating. It is proposed to award work to two or less tenderers (including L-1) on approved rates of L-1. If a total of two tenderers are not available to work on L-1 approved rates then work will be awarded as follows. S.N. 1. 2. No. of Tenderers For three tenderers For two tenderers % Of Work 50% 60% L-2 L-3 L-4 (on approved rate of L-1) 30% 20% --40% -----

4.19 4.19.1

In case no other tenderer is willing to work on L-1 approved rate, entire work may be awarded to L-1. However the time for completion for entire work would remain three months from the date of issue of work orders. 4.19.3.2 In case rates quoted by two or more contractor is same, the criteria for selection depends on the quantum of experience of past 2 years in BSNL. i.e. from 01.04.2005 to 31.03.2007 based on the documents submitted along with the bid. 4.19.3.3 Divisional Engineer OFE DIVN. (P),Patna reserves the right to accept or reject any tender or all tenders and the right to re float the tender without assigning any reasons. The BSNL also does not bind itself to accept the lowest offer. The BSNL also reserves the right to distribute the work and award the contract to any number of contractors, as and when required. 4.20 CONTACTING BSNL : 4.20.1 4.20.2 No bidder shall try to influence BSNL on any matter relating to its bid, from the time of bid opening till the time of contract is awarded. Any effort by the bidder to modify his bid or influence BSNL in the BSNL’s bid evaluation, bid comparison or the contract award decision shall result in the rejection of the bid. AWARD OF CONTRACT: BSNL shall consider award of contract only to those eligible bidders whose offers have been found technically, commercially and financially acceptable The work against the tender is for 90 days which may be extended to six months requirement and the terms and conditions of this tender shall be operative for a period of one year from the date of signing of agreement between the department and the contractor. BSNL’S RIGHT TO VARY QUANTUM OF WORK: BSNL, at the time of award of work under the contract, reserves the right to decrease or increase the work by up to 25% of the total quantum of work specified in the schedule of requirements without any change in the rates or other terms and conditions. BSNL’S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL THE BIDS: BSNL reserves the right to accept or reject any bid and to annul the bidding process and reject all bids, at any time prior to award of contract without assigning any reason what-so-ever and without

4.21 4.21.1 4.21.2

4.22

4.23

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thereby incurring any liability to the affected bidder or bidders on the grounds for the department‟s action. 4.24 4.24.1 4.24.2 ISSUE OF LETTER OF INTENT: The issue of letter of intent shall constitute the intention of BSNL to enter into the contract with the bidder. Letter of intent will be issued as offer to the successful bidder. The bidder shall within 10 days of issue of letter of intent, give his acceptance along with material security in conformity with clause 5.5.1 of section V, provided with the bid document. SIGNING OF AGREEMENT: The signing of agreement shall constitute the award of contract on the bidder. The agreement with the successful bidder shall be signed by BSNL within a week of submission of material security. As soon as the tender is approved by the competent authority, the Bid Security deposited by the successful bidder shall be compulsorily converted into the Performance security deposit, which will be held by the department till the completion of work. ANNULMENT OF AWARD: Failure of the successful bidder to comply with the requirement of clause 4.25 shall constitute sufficient ground for the annulment of the award and forfeiture of the bid security in which event, BSNL may make the award to any other bidder at the discretion of BSNL or call for new bids.

4.25 4.25.1 4.25.2

4.26

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SECTION V 5. 5.1 GENERAL (COMMERCIAL) CONDITIONS OF THE CONTRACT
APPLICATION

The General conditions shall apply in contracts made by BSNL for the execution of Horizontal Boring Works. 5.2 STANDARDS

The works to be executed under the contract shall conform to the standards prescribed in the Horizontal Boring Works under clause 7.3 5.3 5.3.1 5.3.2 PRICES Prices charged by the Contractor for the works performed under the Contract shall not be higher from the prices quoted by the Contractor in this Bid. Price once fixed will remain valid for the period of contract. Increase and decrease of taxes/duties will not affect the price during this period. SUBCONTRACTS: covered by the

5.4

The contractor shall not assign, sub contract or sublet the whole or any part of the works contract, under any circumstances. 5.5 5.5.1 SECURITY: Material Security

5.5.1.1 The successful tenderer will have to deposit material security as mentioned in the Scope of work in the form of bank guarantee (valid up to and including six months after, the period of the contract) from a scheduled bank and in the material security bond form provided in the bid document, section VIII. Material Security can also be submitted in the form of Crossed Demand Draft drawn in favour of AO (Cash), % DGM TP BSNL,Patna issue by a scheduled bank and payable at. Patna The material Security will be a non interest bearing deposit, for any period what so ever. 5.5.1.2 The contractor at any point of time will not be issued stores costing more than material security. If due to any reason more store has to be issued to the contractor then the material security will be suitably enhanced. In this regard the decision of the DGM shall be final and binding. 5.5.1.3 The proceeds of the material security shall be payable to BSNL as a compensation for any loss resulting from the contractor‟s failure to handle properly the material issued to him under the contract. 5.5.1.4 The Material security shall be released/refunded within a fortnight from the date of the payment of the last final bill of the work under the contract or final settlement of material account whichever is later on production of the “ no dues certificate” from “Engineer in charge” 5.5.2 Performance Security 5.5.2.1The contractor shall permit BSNL, at the time of making any payment to him for work done under the contract, to deduct such sum in addition to the sum already deposited as security deposit (due to conversion of bid security), an amount to the tune of 7.5 % of running bills/final bill. 5.5.2.2 The proceeds of the performance security shall be payable to BSNL as compensation for any loss resulting from the contractor‟s failure to complete its obligations under the contract. 5.5.2.3 The performance security deposit shall be refunded after expiry of period of six months of completion of last work executed provided there are no recoveries to be made arising out of poor quality of work, incomplete work and/or violation of any terms and conditions of the contract as stipulated in the bid document. 5.5.2.4 No interest will be paid to the contractor on the performance security deposit. 5.6 Issue of Work Orders & Time limit Work order format is at Section-XII. Solvency certificate of requisite amount shall be taken at the time of issue of Work Orders. Evidence for EPF contribution in respect of labourers/ employees employed

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by the contractor for execution of work of BSNL are to be provided before execution of agreement for award of work. 5.6.1 Time frame for carrying out the works : The contractor is expected to carry out at least 200 mts of HDD work on an average including pipe laying and associated works in a day. However the contractor has to ensure that the entire work is carried out in the given time frame. 5.6.2 The survey of the full route is to be carried out by the contractor for any underground utilities, in proposed route. This should be done at a rate of 1 Km per day. 5.6.3 The total time allowed to carry out the HDD will be calculated as below. 5.6.3.1 Mobilization of resources - 1 day 5.6.3.2 Survey of Routes - 1 KM/ day 5.6.3.3 HDD - 200 mts/ day The work order will be issued indicating the dates of commencement & completion of work as per the above time schedule. 5.6.4 The Work order shall be issued by the Divisional Engineer in-charge of cable construction works after examining the technical and planning details of the works to be executed. 5.6.5 If due to any reason partial work order is to be issued then the same shall be issued with the approval of an officer not below the rank of General Manager / DGM. 5.6.6 The Divisional Engineer shall mention the time limit to execute the work order after seeing the quantum of work and store availability position. 5.6.7 BSNL reserves the right to cancel or modify the scope of work stipulated to be carried out against the work order in the event of change of plan necessitated on account of technical reasons or in the opinion of the work order issuing authority or the General Manager/DGM, the contractor is not executing the work at the required pace. 5.7 EXTENSION OF THE TIME LIMIT

5.7.1 GENERAL 5.7.1.1 The Overlay Access Network (OAN) is a prestigious project and therefore has to be completed as per schedule. The performance of the Contractor therefore will be monitored on 30 days basis. The total OFC work will be uniformly distributed on the total No. of days available for the completion of the project as is specified in tender document. If the work done by the Contractor during the 1 st 30 days is not in proportion (for example if the total route KM is 30 and time for completion is 3 months then in 1st 30 days, 10 Km. Of work should be done) and is less, then the penalty of 2% of the total estimated cost of the work will be levied on the Contractor. However, the Contractor can make up the shortfall in next 30 days and if so the penalty levied in the 1 st month will be waived off. Similar procedure will be applied for next 30 days. But in last and final month if there is any shortfall then the penalty of 2% of the total estimated cost will be levied and charged. The maximum effective penalty will be 2% of the estimated cost multiplied by No. of months less in completion of work. This clause is in addition to other terms and conditions of the tender and will not affect them in any way. Proportionate work not done in 30 days due to reasons beyond the control of Contractor such as natural calamities, law & order situation etc. will not be accounted for this clause and the decision of DGM (TP) in this regard shall be final. 5.7.1.2 In each work order, the work order issuing authority shall specify the time allowed for completion of work consistent with the magnitude and urgency of work. The time allowed for carrying out the work is to be strictly observed by the contractor and shall be reckoned from third day from the date of issue of work order. 5.7.1.3 In as much as “ the time being deemed to be the essence of contract”, throughout the stipulated period of contract, the work is to be proceeded with all due diligence on the part of the contractor. 5.7.2 Application for Extension of Time And Sanction of EOT 5.7.2.1 There may be some hindrances, other than covered under force measure while execution of work and in such cases the contractor shall apply in writing to the Engineers-in-charge of occurrence of hindrance. The Engineer-in-charge shall forward the request to the competent authority (an officer of the rank of JAG level in-charge of cable construction work) with his detailed report and photocopy of the hindrance register, within three days of receipt of request from the contractor. The competent authority is empowered to grant extension of time for completion of work on certain conditions. He shall exercise such powers if the following conditions are satisfied.

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5.7.2.1.1The application contains the ground(s), which hindered the contractor in execution of work. 5.7.2.1.2 The Engineer-in-charge is of the opinion that the grounds shown for extension of time are reasonable. 5.7.2.2 The competent authority shall consider the request keeping all the facts and circumstances in view and shall grant extension of time, if in his opinion, there are reasonable and sufficient grounds for granting such extension and the reasons for delay are not ascribable to the contractor. 5.7.2.3The competent authority may also grant extension of time for completion of work in cases where reasons for delay are ascribable to the contractor, but such extension of time shall be with L D charges as per clause dealing with penalty for delays in execution of works. The extension of time with L D charges shall be issued under the signature of JAG level Telecom .Officer competent to grant the extension of time. 5.7.2.4 The competent authority shall grant EOT with time period for completion of work expressly mentioned The sanction of the competent Authority of EOT shall be issued under the signature of the Engineer in-charge. 5.7.2.5 If the competent authority is of the opinion that the grounds shown by the contractors are not reasonable and sufficient and declines to grant the extension of time, the contractor cannot challenge the soundness of the opinion by reference to arbitration. The decision of the competent authority on period of extension of time or refusal for extension of time shall be final and binding on the contractor. 5.7.3 Grant of Extension of Time without Applications: 5.7.3.1 There are at times, practical difficulties like non-availability of materials, delay in providing permissions/right of way etc. reasons of which are ascribable to the department. In such cases, the Engineer in-charge with the approval of competent authority to sanction EOT, may issue extension of time sue motto without waiting for contractor to make an application for EOT, Entry of hindrances shall be made in the Hindrance Register. BSNL will however, not be liable to the contractor for any losses or damages, costs, or expenses that the contractor may in any way sustain/ suffer due to delay in making the above available. 5.8 Measurement of Lengths and Profiles of strata and protection 5.8.1 The contractor shall sign all the measurement recorded in the Measurement Book. This will be considered as an acceptance by the contractor, of measurement recorded in the MB. In case contractor fails to attend at the measurement or fails to countersign or to record the difference within a week, than in any such events, the measurements taken by Engineer -in-charge or by the subordinate as the case may be/shall be final and binding on the contractor and the contractor shall have no right to dispute the same. 5.8.2 The Divisional Engineer, before passing the bill for section covered by each set of measurement, may carry out test check. The Contractor shall provide the necessary assistance of labour for re-opening of trench for test check by the Divisional Engineer. Separate payment shall not be made to the contractor for excavation of such test checks. However, such test pits shall not be more than 10% of the HDD work. 5.8.3 Measurement of work of total cable pulling through pipe/duct will be taken equal to the length of the pipe/duct through which the cable has been pulled and not the total length of cable pulled through pipe/duct. 5.8.4 INSPECTIONS AND QUALITY CONTROL 5.8.4.1 It is imperative that the contractors are fully conversant with the HDD work and shall be fully equipped to carry out the work in accordance with specification. The contractors are expected and bound to ensure quality in HDD works in accordance with specifications laid down. The contractor shall engage adequate and experienced supervisors to ensure that works are carried out as per specifications and with due diligence and in a professional manner. The contractors shall satisfy himself/themselves that the work conforms to the quality specification. before offering the same to A/T wing for Acceptance and testing. 5.8.4.2 An assessment of extent of interest shown by the contractors in executing the works with requisite quality shall be recorded and used in evaluating the Contractors‟ performance rating (CPR). 5.8.4.3 All works at all times shall be opened to inspection of the department. The contractor shall be bound, if called upon to do so, the works for inspection without any extra payment. 5.8.4.4 Site Order Book: The site order book is one of the primary records to be maintained by the JTO supervising the work during the course of execution of works. The noting made by officers as well as contractors, will form as basis for operations of many contractual clauses. The contractor shall remove

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all the defects pointed out by BSNL in the site order book. The site order book is to be maintained in the prescribed format. The contractor or their authorized representatives shall also be at liberty to note their difficulties etc in these books. The site order books shall invariably be consulted at the time of making final payments to the contractor. 5.8.5 Testing and acceptance testing 5.8.5.1The work shall be deemed to have been completed only after the same has been accepted by the A/T Officer. The contractor shall make test pits at the locations desired by A/T Officer for conducting test checks without any extra payment. The contractor shall restore the pits after test measurements to its original shape. The contractor shall be responsible to provide test measurements tools and testers for conducting various tests. 5.8.5.2 Scope of Acceptance and Testing: The purpose of acceptance and testing is to verify integrity of measurements and quality of work done. The A/T Officer shall not be responsible for recording of measurements for the purpose of billing and contractual obligations. However, if the measurements taking by A/T Officer are found to be lesser than the measurements recorded by the officer responsible for recording the measurements, the measurements taken by A.T. Officer shall prevail without prejudice to any punitive action against the contractor as per provisions of the contract and the officer recording the measurements. The contractor shall be obligated to remove defects/deficiencies pointed out by the A/T Officer without any additional cost to the department. 5.8.5.3 The contractor shall provide labour, for digging of test pits and other necessary infrastructure for carrying out the A/T work. No extra payment will be made for the digging of test pits. Contractor is also responsible to get clearance from A/T unit. 5.9 AUDIT AND TECHNICAL EXAMINATION: 5.9.1 BSNL shall have the right to cause an audit and technical examination of the work and the final bills of the contractor including all supporting vouchers, abstract etc. to be made after payment of the final bill and if as a result of such audit and technical examination any sum is found to have been overpaid in respect of any work done by the contractor under the contract or any work claimed by him to have been done by him under the contract and found not to have been executed, the contractor shall be liable to refund the amount of overpayment and it shall be lawful for BSNL to recover the same from him in the manner prescribed in clause with the heading payment of bills , or in any other manner legally permissible and if it is found that the contractor was paid less than what was due to him under the contract in respect of any work executed by him under it, the amount of such under payment shall be duly paid by BSNL to the contractor. 5.9.2 Provided that BSNL shall be entitled to recover any sum overpaid, nor the contractor shall be entitled to payment of any sum paid short where such payment have been agreed upon between the Divisional Engineer or his subordinate officer on one hand and the contractor on the other under any term of the contract permitting payment for work after assessment by the DET,OFE DIVN., Patna or his subordinate officer. 5.9.3 Any sum of money due and payable to the contractor (including security deposit refundable to him) under this contract may be appropriate by BSNL for the payment of a sum of money arising out or under any other contract made by the contractor with BSNL. 5.10 PAYMENT TERMS 5.10.1 Procedure for Preparation and settlement of bills. 5.10.1.1 The work order shall contain work of one or more HDD. As stated earlier the work has to be organized in such a way so that the cables are available for release of connections at the earliest and in line with this thinking the contractor should carry out the works in a systematic manner... All items of work involved in this unit of work shall be completed in all respects before preferring the bills for the work. The provision of running bill has been made to make it easy for the contractor to manage his cash flow and to complete the work systematically and meaningfully in a shortest possible time. The procedure for preparation of running and final bills is enumerated as under: 5.10.1.2 Procedure for Preparation, Processing and Payment of running bills: The Contractor shall prepare the running bills in triplicate ensuring execution of part work in its completeness as envisaged above, correctness of rates and quantum of work and submit the bills to S.D.E. in-charge of work. The bills shall be prepared accurately and as per measurements recorded in the measurement book and after acceptance and testing of all the items involved in the work. The contractor should submit the running bill within 10 days of acceptance and testing. The S.D.E. in-charge shall record the certificate on the running bill that the site order books have been consulted before signing the running bills. This would enable the S.D.E. to ensure whether the defects pointed out during execution have been rectified

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or not. The S.D.E. in-charge of work shall scrutinize the bills and accord necessary certificates and submit the running bills with the documents as mentioned below to the Divisional Engineer, in-charge of work..  First copy of bill with first copies of measurement sheets of measurement book and A/T reports. (Payable Copy)  Second copy of bill with second copies of measurement sheets of measurement book and A/T reports. (Not for Payment) * Third copy of the bill with photocopies of measurement sheets and A/T reports. (Not for Payment). 5.10.1.3 The work section of planning cell shall process the bills in estimate net work and scrutinize the bills vis-à-vis work order issued, sanctioned provisions in the estimate etc. The bill shall be passed, after necessary scrutiny by works section, by the officer competent to pass the bill. Against any running bill, payment to the extent of only 90% shall be made which shall be treated as an advance to the contractor 7.5% of the bill amount towards Performance Security Deposit and statutory taxes applicable to contract shall be deducted at the time of payment from each running bill. Account payee cheque for the amount passed in the bill will be issued only after the contractor gives a stamped receipt for the amount, if the bills are not pre-receipted, details of all the bills shall be entered into contract‟s ledger by work section of the planning cell. 5.11 In exceptional cases where work required for preferring a running bill can not be completed within reasonable time due to non-availability of stores or any other reason and where the department is responsible for delay, the concerned DGM may permit payment of running bill (prepared without completing the work end to end for that unit of work) to the extent of 70% so that the contractor does not face resource crunch. Such payment shall be treated as an advance payment to the contractor like any other running bills. 5.11.1 Procedure for preparation, processing and payment of final bill: The contractor shall prepare the final bill in triplicate after completion of the entire work entrusted against the work order & acceptance and testing of all the works and submit the same to S.D.E in- charge of work within 30 days of acceptance and testing and payments shall be made within one month.( As per M O Cs recent directive) The final bill shall be prepared for all the measurements of all items involved in execution of complete work order. The Contractor shall prepare the final bill containing the following details:       * The bill for all the quantities as per Measurements at the approved rates Adjustment of amount received against running bills Adjustment of Performance security deposit and statutory taxes already recovered Store reconciliation statement furnishing account of stores received against the work Order and returned to the designated Store go-down as surplus with requisite verification from store incharge/S.D.E in-charge of work. Letters of grant of E.O. T(s) if work could not be completed within stipulated time Six sets of bound documentation. Details of empty cable drums cost of which needs to be recovered from the bill if not deposited by the contractor to the store in charge.

5.11.1.2 The payment of the bills will be made through electronic clearance scheme by signing a mandate form by the Contractor. 5.11.2 PROCEDURE FOR PAYMENT FOR SUB STANDARD WORKS 5.11.2.1 The contractors are required to execute all works satisfactorily and in accordance with the specifications. If certain items of works are executed with unsound, imperfect, or unskilled workmanship or with materials of any inferior description or that any materials or articles provided by him for execution of work are unsound or of a quality inferior to that contracted for or otherwise, not in accordance with the contract (referred to as sub-standard work, hereinafter ), the Divisional Engineer In-charge shall make a demand in writing specifying the work, materials or articles about which there is a complaint. 5.11.2.2 Timely action by Construction officers: Timely reporting and action, to a great extent, can prevent occurrence of sub standard work, which will be difficult or impossible to rectify later on. It is incumbent on the part of Construction Officers to point out the defects in work in time during progress of work. The Junior Telecom Officer/Sub Divisional Engineer responsible for execution and

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supervision of work shall without any loss of time submit a report of occurrence of any substandard work to the Divisional Engineer in-charge besides making an entry in the site order book. A notice in respect of defective work shall be given to the contractor by Divisional Engineer in-charge in writing during the progress of work asking the contractor to rectify/replace/remove the substandard item of work and also definite time period within which such rectification/removal/replacement has to be done. After expiry of notice period, if the contractor fails to rectify/replace/remove the substandard items, the defect shall be got rectified/replaced/removed departmentally or through some other agency at the risk and cost of the contractor. 5.11.2.3 Non reporting of substandard work in time on the part of the Construction Officer (S) shall not in any way entitled the contractor to claim that the defects were not pointed out during execution and as such the contractor cannot be absolved of the responsibility for substandard work or associated liabilities. 5.11.2.4 Authority and Procedure to accept substandard work and payment thereof:- There may be certain items of work pointed out as substandard which may be difficult to rectify in the opinion of the DGM the items in question will not materially deteriorate the quality of service provided by the construction, the DGM shall appoint committee to work out the reduced rates payable to the contractor for such substandard work. The committee shall constitute one Divisional Engineer other than the one who is directly in-charge of Cable Construction involving substandard items of work, as ;Chairman and one S.D.E (Planning) and an Accounts Officer, as members. The committee shall take into account, the approximate cost of materials/work pointed out as substandard and recommend the rates payable to such substandard work which shall not exceed 60% of the approved rates of the items in question. 5.11.2.5 Record of substandard work: The items as judged as substandard ;shall be entered into the measurement with red-ink. 5.12 PENALTY CLAUSE : 5.12.1 DELAYS IN THE CONTRACTORS PERFORMANCE 5.12.1.1 The time allowed for completion of the work as entered in the tender shall be strictly adhered by the contractor and shall be deemed to be the most important aspect of the contract on the part of the contractor and shall be reckoned from Seventh day from issue of work order by BSNL. The work shall, throughout the stipulated period of contract, be proceeded with all due diligence to achieve the desired progress uniformly, and the contractor shall pay as penalty an amount equal to 1.0 (one) percent of the amount (minimum Rupees One thousand per day) of the total work for every one day of delay in completion of work, subject to a maximum of rs.10(ten) percent of the cost of the work awarded. 5.12.1.2 On any date the penalty payable as above, reaches 10 (ten) percent of the estimated cost of the work, the contractor should proceed with the work further only on getting a written instructions from the Divisional Engineer that, he is allowed to proceed further with the work. It will be in the discretion of the Divisional Engineer to allow the contractor to continue with the work on the basis of any written agreement reached between the contractor and the Divisional Engineer. One of the conditions of such agreement may be a stipulation for the contractor to agree for realization of penalty for delay at a higher rate as may be agreed between the Divisional Engineer and the contractor. 5.12.1.3 Penalty for delay in completion of the work shall be recoverable from the bills of the contractor and /or by adjustment from the security deposit or from the bills of any other contract. However, adjustment from security deposit will be made only when the contract has been terminated or at the time of final settlement of bills on completion of work. 5.12.1.4 In case of slow progress of the work in a section which have been awarded to a particular contractor, and the public interest does not permit extension of time limit for completion of the work, the DGM will have the full right to order that the scope of the contractor may be restricted to such fraction of the whole of the work and get the balance work executed at the risk and cost of the contractor. The details are given in Rescission of the contract clause of the bid document. All such payments shall be recovered from the contractor‟s pending bills or security deposit. 5.12.1.5 The DGM reserves the right to cancel the contract and forfeit the security deposit if the contractor fails to commence the work within 3 days after issue of the work order. 5.12.2 Penalty for causing inconvenience to the public: 5.12.2.1 The contractor shall not be allowed to dump the empty cable drums/waste materials in Govt/public place, which may cause inconvenience to Govt /Public. If the contractor does not deposit to the store of such material within 3 days of becoming empty, the department is at liberty to transport all such

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materials to the store and amount incurred towards transportation will be deducted from his bill/security deposit. 5.12.2.2 If such happening will be done more than two times then the contract will be terminated. In this regard the decision of DGM shall be final and binding. 5.13 Penalty for cutting/damaging the old cable

5.13.1 During HDD utmost care is to be taken by the contractor, so that the existing underground cables are not damaged or cut. In case any damage /cut is done to the existing cables of BSNL, a penalty as per the estimate given by the concern SSA will be deducted from his running bills. 5.13.2 Penalty for damaging any other utilities. 1. There is a damage caused to any property of a third party 2. Injury/loss occurs to any person because of any lack of proper precaution on the part of the Contractor. 3. The contractor will be held responsible and has to compensate for such damage/injuries/losses which will be deducted from his bills payable or from the security deposit or from what ever amount due to him. He will be required to make good security deposit or any such deposit by payment of additional amount before new work are taken up. 4. If BSNL has to incur any expenditure to repair such damages or to compensate for such injuries/lapses, the amount plus five percent as processing charge will be recovered from the dues of the Contractor or from the security deposit or both. 5. In every case by virtue of the provisions and Workman‟s Compensation Act the BSNL is obliged to pay compensation to a work man employed by the contractor for the execution of the work, the BSNL will be entitled to recover from contractor the amount of compensation so paid plus five percent processing charge. 6. Insurance coverage for the materials supplied to the contractor must be borne by the contractor for covering the loss if any due to fire, hazardous lifting, explosions, impact by rail / road, Vehicle, animal, riot, strike malicious and terrorist damages. 7. The contractor has to appraise himself of the laws/rules/regulations of the Bihar and abide by such laws/ rules/ regulations concerning his work. Any lapses on this account may lead to penalize and prosecution for which the contractor will be solely responsible. 5.13.3 Penalty to damage stores/materials supplied by the Department while laying 5.13.3.1 The contractor while taking delivery of materials supplied by the department at the designated place shall thoroughly inspect all items before taking them over. In case of execution of the work, if any material is found damaged / working unsatisfactorily, then a penalty equivalent to the cost of material +10 % as penalty shall be recovered from the contractor‟s payments/securities. 5.13.3.2 In case of damage to underground cables, while laying, the cost of number of pairs damaged (including laying charges, transportation/storage charges) adding 10 % as penalty shall be recovered from the contractors bill/securities 5.13.3.3 However, contractor will not be penalized for any defect in workmanship of the material, which shall be taken up separately with the supplier of the stores. RESCISSION OF CONTRACT 5.14 Circumstances for rescission of contract 5.14.1 FORCE MAJEURE : 5.14.1.1 If any time during the continuance of this contract, the performance in whole or in part by either party or any obligation under this Contract shall be prevented or delayed by reason of any war or hostility acts of public enmity, civil commotion, sabotage, fires, explosions effects of floods, epidemics, quarantine restrictions, General Strikes , lock outs or acts 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 there of. Neither party shall, by reason of such EVENT, be entitled to terminate this Contract, nor shall either party have any claim for damages against the other in respect of such non-performance and work under the contract shall be resumed as soon as practicable after such event may come to an end or cease to exist, and the decision of BSNL as to whether the work 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 60days either party may, at his option terminate the contract.

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5.14.1.2 Provided also that if the contract is terminated under this clause, BSNL shall be at liberty to take over from the contractor at a price to be fixed by BSNL, which shall be final all unused, undamaged and acceptable materials, bought out components and stores in the course of execution of the contract, in possession of the contractor at the time of such termination of such portions thereof as BSNL may deem fit excepting such materials bought out components and stores as the contracts may with the concurrence of BSNL elect to retain. 5.15 5.15.1 ARBITRATION : In the event of any question, dispute or differences arising under the 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 the sole arbitration of the Chief General Manager, ETP, Kolkata or in case his designation is changed or his office is abolished then in such case to the sole arbitration of the officer for the time being entrusted whether in addition to the functions of the Chief General Manager ,ETP, Kolkata, or by whatever designation such officers may be called (hereafter referred to as the said officer) and if the Chief General Manager, ETP, Kolkata , or the said officer is unable or unwilling to act as such to the sole arbitration or some other person appointed by the Chief General Manager, or the said officer. The agreement to appoint an arbitrator will be in accordance with the Arbitration and Conciliation Act,1996. There will be no objection to any such appointment that the arbitrator is Government 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 whatsoever such Chief General Manager or the said officer shall appoint another person to act as arbitrator in accordance with terms of the agreement and the person so appointed shall be entitled to proceed from the stage at which it was left out by his predecessors. 5.15.2 The arbitrator may from time to time with the consent of the parties enlarge the time for making and publishing the award, Subject to aforesaid , Indian Arbitration and Conciliation Act 1996 and the rules made there under and any modification thereof for the time being in force shall deem to apply to the arbitration proceedings under this clause. 5.15.3 The venue of the arbitration proceedings shall be the office of the Chief General Manager, ETP, Kolkata or such other place as the arbitrator may decide. The following procedure shall be followed. 5.15.3.1 In case parties are unable to reach a settlement by themselves, the dispute should be submitted or arbitration in accordance with contract agreement. 5.15.3.2 There should not be a joint submission with the contractor to the Sole Arbitrator. 5.15.3.3 Each party should submit its own claim separately and may oppose the claim put forward by the other party. 5.15.3.4 The onus of establishing his claims will be left to the contractor. 5.15.3.5 Once a claim has been included in the submission by the contractor, a reiteration or modification thereof will be opposed. 5.15.3.6 The ”points of defense” will be based on actual conditions of the contract. 5.15.3.7 Claims in the nature of ex- gratis payments shall not be entertained by the Arbitrator as these are not contractual. 5.15.3.8 The question whether these conditions are equitable shall not receive any consideration in the preparation of “points of defense ” 5.15.3.9 If the contractor includes such claims in his submission, the fact that they are not contractual will be prominently placed before the Arbitrator. The award of the sole Arbitrator shall be final and binding on all the parties to the dispute. 5.16 5.16.1 Set Off Any sum of money due and payable to the contractor (including security due to him) under this contract may be appropriated by BSNL or the Govt. or any other person or persons contracting through the Govt. of India and set off the same against any claim of the department or Govt. or such other person or persons for payment of a sum of money arising out of this contract made by the contractor with BSNL or Govt. such other person or persons contracting through Govt. of India.

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SECTION VI
6. 6.1 SPECIAL CONDITIONS OF CONTRACT GENERAL:

6.1.1 The work shall be accepted only after Acceptance Testing carried out by A/T team, designated by BSNL , as per prescribed schedule and work /material passing the test successfully. 6.1.2 BSNL reserves the right to disqualify such bidders who have a record of not meeting contractual obligations against earlier contracts entered into with the Department. 6.1.3 BSNL reserves the right to blacklist a bidder for a suitable period in case he fails to honor his bid without sufficient grounds. 6.1.4 BSNL reserves the right to counter offer price(s) against price(s) quoted by any bidder. 6.1.5 Any clarifications issued by BSNL, in response to query raised by prospective bidders shall form an integral part of bid documents and it may amount to amendment of relevant clauses of the bid documents. 6.1.6 Tender will be evaluated as a single package of all the terms given in the price schedule 6.1.7 All works to be executed under the contract shall be executed under the direction and subject to the approval in all respects of by the Divisional Engineer or site Engineer in – charge of work site who shall be entitled to direct at what point or points and what manner they are to be commenced, and from the time to time carried on. 6.1.8 The work in each section may be split up between two or more contractors or accept any tender in part and not entirely considered expedient by the DET OFE DIVN.(P),Patna with the approval of the DGM, TP,Patna. 6.1.9 If the contractor shall desire an extension of time for completion of the work on the grounds of unavoidable hindrance in execution of work or on any other ground he shall apply in writing to the Divisional Engineer within 3 days of the date hindrance on account of which he desires such extension as aforesaid. In this regard the decision of DGM shall be final. 6.1.10 If at any time after the commencement of the work, BSNL may feel that execution of whole or part of work, as specified in the tender is not required to be carried out, then the Department shall give notice in writing of the fact to the contractor who shall have no claim to any payment of compensation whatsoever on account of any profit or advantage which he might have derived in consequence of the full amount of the work not having been carried out neither shall he have any claim for compensation by reason of any alterations having been made in the original specifications, drawings, designs and instructions which shall involve any curtailment of the work as originally contemplated. 6.1.11 Whenever any claims against the contractor for the payment of a sum of money arises out of or under the contract, BSNL shall be entitled to recover such sum by appropriating in part or whole the security deposit of the contractor and to sell any Government promissory notes etc., forming the whole or part of such security or running /final bill pending against any contract with BSNL In the event of the security being insufficient or if no security has been taken from the contractor, then the balance or the total sum recoverable as the case may be, shall be deducted from any sum then due or which at any time there after may become due to the contractor under this or any other contract with Government. Should this sum be not sufficient to cover the full amount recoverable the contract or shall pay to BSNL on demand the balance remaining amount. 6.1.12 No official/officer in BSNL Corporation or any other Department of the Government of India is allowed to work as a contractor during service and for a period of two years after his retirement from Government service without the previous permission of Government of India. 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 had not obtained the permission of Government of India as aforesaid before submission of the engagement in the contractor‟s service as the case may be. 6.1.13 The near relatives of all BSNL Employees either directly recruited or on deputation are prohibited from participation in tenders and execution of works in the different units of BSNL. The detailed guidelines in this regard are given in the following paragraphs:i) The near relatives for this purpose are defined as: a) Members of a Hindu Undivided family. b) They are husband and wife. c) The one is related to the other in the manner as father, mother, son(s) & son‟s wife (daughter-in-low), & daughter‟s husband (son-in-law), brother(s) & brother‟s wife, sister(s) & sister‟s husband (brother-in-low). ii As per Government of India‟s CCS Conduct rule 4, no Government servant shall in the discharge of his official duties deal with any matter or sanction any contract to any company or for any other person if any

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member of his family is employed in that company or firm or under that person or if he or Any member of his family I interested in such matter or contract in any other manner and the Govt. Servant shall refer every such matter or contract to his official superior. This clause is applicable to all BSNL employees and in view of this, as soon as any BSNL employee becomes aware of the above aspect. He must intimate this to the prescribed authority. For non executive employee this authority is SSA Head/Circle Head/Chief Engineer/Chief Archt/Corporate office under whom he is posted. For executive employees (at present some of them are called as Gazettted officers) the prescribed authority for this purpose is Circle Head/Chief Engineer/Chief Archt/Corporate office under whom he is posted. iii (a) The company or firm or any other person is not permitted to tender for works in BSNL Unit in which his near relative(s) is (are) posted. The unit is defined as SSA/Circle/Chief Engineer/Chief Arch/Corporate office for non executive employees and all SSA in a circle including circle office/Chief Eng./Chief Arch/Corporate office for executive employees (including those called as Gazetted officer at present). Therefore, it has been decided by the competent authority that a clause must be added in the tender and other related documents that the tenderer should give a certificate that none of his/her such near relative is working in the units as defended above where he is going to apply for tender/work. In case of proprietorship firm certificate will be given by the proprietor, for partnership firm certificate will be given by all the partners and in case of limited company by all the Directors of the company. Any breach of these conditions by the company or firm or any other person, the tender/work will be cancelled and earnest money/security deposit will be forfeited at any stage whenever it is so noticed. The department will not pay any damages to the company or firm or the concerned person. The company or firm or the person will also be debarred for further participation in the concerned unit. (b) In respect of cases where the tender notice/work related orders have been issued and are waiting for submission the concerned unit should issue corrigendum for inclusion of above clause. However, where tender/work related document have been opened and are waiting for finalization the certificate may be taken from the company or firm or any other concerned person giving details of the relatives employed in the jurisdiction of the tender. The company or firms or the person concerned will not be debarred in this case but his work will be kept under proper watch to avoid any future complaint. Further, the relative will not be involved in the decision making and execution of work. (c) Where the tenders or the works are already in operation (or awarded) the tenderer may be requested to give details of relatives employed in the jurisdiction of the tender. In such cases the tendered will be allowed to continue the work but special watch may have to be kept about his performance to avoid any complaint. The concerned relative will not be involved in execution and settlement of claims of the contractor. (d) The formal of the certificate to be given is “I……………………………..………………….. S/o……………….………………….. R/o………………………….………………hereby certify that none of my relative (s) as defined in the tender document is/ are employed in BSNL unit as per details given in tender document. In case at any stage, it is found that the information given by me is false/incorrect, BSNL shall have the absolute right to taken any action as deemed fit/without any prior 6.1.14 In the event of the contractor being, adjudged insolvent or going voluntarily into liquidation of having received order or other order under insolvency act made against him or in the case of company, of the passing of any resolution or making of any order for winding up whether voluntarily or otherwise, or in the event of the contractor failing to comply with any of the conditions herein specified, the DGM shall have the power to terminate the contract without any notice. 6.1.15 Without prejudice to any of the rights or remedies under this contract, if the contractor dies, the DGM on behalf of the BSNL can terminate the contact without compensation to the contractor. However the DGM at his discretion may permit contractor‟s heirs to perform the duties or engagements of the contractor under the contract, in case of his death In this regard the decision of DGM shall be final. 6.1.16 In the event of the contractor, winding up his company on account of transfer or merger of his company with any other, the contractor shall make it one of the terms and stipulations of the contract for transfer of his properties and business, that such other person or company, shall continue to perform the duties or engagements of the contractor under this contract and be subject to his liabilities there under. 6.1.17 Interpretation of the contract document: 6.1.17.1 The representative of the DGM and the contractor shall in so far as possible by mutual consultation, try to decide upon the meaning and intent of the contract document. In case of disagreement the matter shall be transferred to the DGM whose decision shall be final. Any change in the contract documents shall be set forth in writing by the representative of the parties hereto. It shall be the contractor‟s responsibility to thoroughly familiarize all of his supervisory personnel with the contents of all the contract documents 6.1.18 Notification 6.1.18.1 The contractor shall give in writing to the proper person or authority with a copy to the Divisional Engineer such notification as may be mandatory or necessary in connection with the commencement,

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supervision resumption, performance and /or completion of the contracted work. All notice shall be given sufficiently in advance of the proposed operation to permit proper co-relation of activities and the contractor shall keep all proper persons or authorities involved and advised of the progress of operations through out the performance of the work and /or with such other information and / or supporting figure and data as may from time to time as directed or required. 6.1.19 Shut down on account of weather conditions 6.1.18.1 The contractor shall not be entitles to any compensation whatsoever by reason of suspension of the whole or any part of the work made necessary by BSNL or deemed advisable on account of bad whether conditions or other Force Majuro conditions 6.2 Stores Supplied by BSNL: 6.2.1 At no point of time the contractor shall be issued stores of value more than the contractor‟s material security as per clause number 5.5.1 of section V. If at all the work requires more amount of materials to be issued to the contractor, then the security shall suitably be revised before the issue of the store and the contractor will not have any objection to it 6.2.2 The contractor shall transport (including loading and unloading ) all stores issued to him from the Telecom Store, to the site of work at his own cost. The department shall not pay any transportation charges to the contractor. 6.2.3 All materials supplied to the contractor by BSNL shall remain the absolute property BSNL and shall not be removed from the site of the work except for use in the work and shall be at all times open to inspection by the representative of the DGM . In case the materials like cable and accessories are taken delivery by the contractor and stored at the site office/store of the contractor such site office / store will also be treated as site for this purpose. Any such materials remaining unused at the time of the abandonment, completion or determination of the contract shall be returned to BSNL at a place informed to him by BSNL, failing which the cost of the unused materials shall be deducted from the contractor‟s material security or any of his pending bills or from any other security. 6.2.4 The contractor shall be responsible for the transportation of store, storage and safe custody of all material supplied to him by the department, which in the contractor‟s custody whether or not installed in the work. The contractor shall satisfy himself regularly the quantity and quality of the materials supplied to him and he will be responsible for any subsequent deterioration and discrepancy (inclusive of theft) in the quality and quantity of the materials. 6.2.5 The contractor shall submit a proper account every month of all the materials supplied to him by the Department and those consumed for items of work. Any discrepancy of difference between the materials issued to the contractor and those consumed in the work as per the “BSNL‟s calculation”(which shall be final ) will be charged to the contractor or deducted from his bills at 1.5 times of prevailing price including freight, handling charges ,storage charges etc. 6.2.6 The contractor shall ensure that only the required materials are issued to him. Upon completion of work, the contractor shall return to the BSNL at the designated store in good condition, free of charges, any unused materials that were supplied by BSNL. 6.3 6.3.1 Easements , Permits, Licenses and other facilities The contractor shall obtain /provide at his own cost all easements, permits and license necessary to do its work except for the following which shall be provided by the Representative of the DGM. (a) “Right of User” easements and permits (b) Railway and Highway crossing permits including bridge. (c) Canal/stream crossing permits. 6.3.2 The contractor shall be fully responsible for angling and obtaining all necessary easements, permits and licenses, for moving all necessary equipments, tools, supplied materials and men across Railways and Highways ,across public or private road as well as premises of any public utility within the right of user and for bearing all costs, that may be incurred in respect of the same. 6.3.3 The contractor is to confine his operation to the provided work “Right of User” unless it has made other arrangements with the particular property owners and /or tenants such other arrangements shall be entirely at the responsibility of the contractor as to cost and arrangements as also breach and claim and shall be entitled with a copy to the D.E. 6.3.4 The contractor will not be entitled to extra compensation for hardship and increase in cost by the cable trench being routed adjacent to or across other pipeline ,Highways ,Railways, Telephones or poser poles and wires or guy wires, embankments, cliffs, streams or other obstacles which may physically or otherwise in any manner, restrict or limit the use of the work :Right of User”. Some cases and such contingency shall be deemed to have been providing for in the rates.

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6.3.5 At location where the HDD is routed across or along railways or roads the contractor shall without extra cost provide and maintain such detours and road controls as are required by the railways or Government or local agencies having jurisdiction. 6.3.6 If BSNL is not able to provide above mentioned permits etc. then the extension of time limit shall be provided as per EOT clause given in tender document 6.4 Quality of work 6.4.1 BSNL shall be the final judge of the quality of the work and satisfaction of BSNL in respect thereof set forth in the contract documents. Laxity or failure to enforce compliance with the contract documents by BSNL and /or its representative shall not manifest a change or intent of walver, the intention being that, not withstanding the same, the contractor shall be and remain responsible for complete and proper compliance with the contract documents and the satisfaction therein. The representative of the DGM has the right to prohibit the use of men and any tools, materials and equipment which in his opinion do not produce work or performance meet the requirement of the contract documents. 6.5 Taxes and duties 6.5.1 Contractor shall pay all rates , levies, fees royalties, taxes and duties payable or arising from out of ,by virtue of or in connection with and /or incidental to the contract or any other obligations of the parties in terms of the contractor documents and /or in respect of the works or operations or any part thereof to be performed by the contractor and the contractor shall indemnify and keep indemnified BSNL from and against the same or any default by the contractor in the payment thereof. 6.6 PROTECTION OF LIFE AND PROPERTY AND EXISTING FACILITIES 6.6.1 The contractor is fully responsible for taking all possible safety precaution during preparation for and actual performance of the works and for keeping the work site in a reasonable safe condition. The contractor shall protect all life and property from damage or losses resulting from his HDD operations and shall minimize the disturbance and inconvenience to the public. 6.6.2 If the HDD work alters the contours of the ground around the road and highway crossing in such locations dangerous to traffic, the contractor shall at his own cost, take all necessary precautions to protect public and shall comply with all BSNL regulations as to placing of warning boards (Minimum size 3 ft. X 2 ) , traffic signals, barricades, flags etc., at such location. If the contractor does not put the warning signal as per above directions, then a penalty of Rs.500/- per day shall be levied on the contractor, till the directions are complied by the contractor. The contractor shall take due precautions to avoid damages to other pipe lines, water mains, sewers, telephones, telegraphs and power conduits, laid wires piles and guy wires, railways, highways, bridges or other underground or above ground structure and / or property crossing or adjacent to the HDD being done. 6.6.3 Attention of the contractor is drawn to the rules regarding HDD at road crossing, along Railway Bridges, Highways safety precautions while working in public street. The contractor in writing shall obtain the detailed engineering instructions from the Divisional Engineer of the area. 6.6.4 The contractor shall be solely responsible for location through approved non-destructive means and ensuring the safety of all existing underground pipeline, electrical cables and / or other structures. 6.6.5 The contractor shall be solely liable for all expense for and in respect of repairs and/or damage occasioned by injury of or damage to such underground and above structures or other properties and other take to indemnify BSNL, from and against all actions, cause of actions, damages, claims and demands what so ever, either in law or in equity and all losses and damages and costs (inclusive between attorney and client), charges and expenses in connection therewith and / or incidental thereto. The contractor shall take all responsibilities and risk in crossing other pipelines and cables and shall be responsible for protecting all such existing pipelines, poles, electric lines, sewers, cables or other facilities from damage by the contractor‟s operation in connection with the work. The contractor without cost of BSNL shall promptly repair any damage incurred. 6.6.6 The current market value of any commodities lost as a result of any damage to the aforesaid existing facilities shall be paid by the contractor together with such additional sums necessary to liquidate the personal of property damages, resulting there from. 6.7 Labour Welfare measures and workman compensation 6.7.1 Obtaining license before commencement of work. The contractor shall obtain a valid labour license under the Contract Labour (H&A)Act,1970 and the contract labour (regulation and abolition) Central rules 1971, before commencement of the work, and continue to have a valid license until the completion of work. The contractor shall also abide by the provisions of the Child Labour (Prohibition and regulation ) Act 1986. Any failure to fulfill the requirement shall attract the penal provisions of the contract arising out of the resultant non- execution of work

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6.7.2 Horizontal Boring works , Labour Regulations : 6.7.2.1 Working Hours 6.7.2.2 Normally working hours of an employee should not exceed 9 hours a day . the working day shall be so arranged that inclusive of interval for rest, if any , it shall not spread over more than 12 hours on any day. 6.7.2.3 When a worker is made to work for more than 9 hours on any day or for more than 48 hours in any week he shall be paid over time for the extra hours put in by him. 6.7.2.4 Every worker shall be given a weekly holiday normally on a Sunday, in accordance with the provisions of minimum wages (central) Rules 1960, as amended from time to time, irrespective of whether such worker is governed by the minimum wages Act or not. 6.7.2.5 Where the minimum wages prescribed by the government, under the minimum wages Act, are not inclusive of the wages for the weekly day of rest, the worker shall be entitled to rest day wages, at the rate applicable to the next preceding day, provided he has worked under the same contractor for a continuous period of not less than 6 days. 6.7.2.6 Where a contractor is permitted by the Engineer-in-charge to allow a worker to work on a normal weekly holiday, he shall grant a substitute holiday to him for the whole day, on one of the five days, immediately before or after the normal weekly holiday, and pay wages to such worker for the work performed on the normal weekly holiday at the overtime rate. 6.7.2.7 Display of Notice Regarding Wages Etc. The contractor shall, before he commences his work on contract, display and correctly maintain and continue to display and correctly maintain, in a clear and legible condition in conspicuous places on the work, notices in English and in local Indian languages spoken by the majority of the workers, giving the minimum rates of the wages fixed under minimum wages Act, the actual wages being paid, the hour of work for which such wage are earned, wages and other relevant information. 6.7.3 Payment of Wages. 6.7.3.1 The contractor shall fix wage periods in respect of which wages shall payable. 6.7.3.2 No wage period shall exceed a month. 6.7.3.3 The wages of every person employed as contract labour in an establishment or by a contractor, where less than one thousand such persons are employed, shall be paid before the expiry of seventh day and in other cases before the expiry of tenth day after the last day of the wage period in respect of which the wages are payable. 6.7.3.4 Where the employment of any worker is terminated by or on behalf of the contractor, the wages earned by him shall be paid before the expiry of the second working day from the date on which his employment is terminated. 6.7.3.5 All payment of wages shall be made on a working day at the work premises and during the working time and on a date notified in advance and in case the work is completed before the expiry of the wage period, final payment shall be made within 48 hours of the last working day. 6.7.3.6 Wages due to every worker shall be paid to him direct or to other person authorized by him on his behalf. 6.7.3.7 All wages shall be paid in current coin or currency or in both. 6.7.3.8 Wages shall be paid without any deductions of any kind except those specified by the central government by general or special order in this behalf or permissible under the payment of wages Act 1956. 6.7.3.9 A notice showing the wages period and the place and time of disbursement of wages shall be displayed at the place of work and a copy sent by the contractor to the Engineer-in-charge under acknowledgement. 6.7.3.10 It shall be the duty of the contractor to ensure the disbursement of wages in presence of the site Engineer-in-charge who will be required to be present at the place and time of the disbursement of wages by the contractor to workmen. 6.7.3.11 The contractor shall obtain from the site Engineer or any other authorized representative of Engineerin-charge, as the case may be, a certificate under his signature at the end of the entries in the “register of wages” or the “wage-cum-muster Roll”, as the case may be, in the following form:“Certified that the amount shown in the column No. ……………… has been paid to the workmen concerned in my presence on ……………. At …………… 6.7.4 Fines and deductions which may be made from wages 6.7.4.1 The wages of a worker shall be paid to him without any deduction of any kind except the following:(a) Fines (b) Deductions for absence from duty i.e. from the place or the places where by the terms of his employment he is required to work. The amount of deduction shall be in proportion to the period for which he was absent

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© Deductions for damage to or loss of goods expressly entrusted to the employed person for custody, or for loss of money or any other deductions which he is required to account, where such damages or loss is directly attributable to his neglect or default. (d) Deduction for recovery of advances or for adjustment of overpayment of wages, advances granted shall be entered in a register. (e) Any other deduction, which the central government may from time to time allow. 6.7.4.2 No fines should be imposed on any worker in respect of such acts and omissions on his part as have been approved of by the labour commissioner. 6.7.4.3 No fine shall be imposed on a worker and no deduction for damage or loss shall be made from his wages until the worker has been given an opportunity of showing cause against such fines or deductions. 6.7.4.4 Every fine shall be deemed to have been imposed on the day of the act or omission in respect of which it was imposed. 6.7.5 Labour records 6.7.5.1 The contractor shall maintain a Register of persons employed on work on contract in form XIII of the Labour (R & A) central Rules 1971. 6.7.5.2 The contractor shall maintain a Muster Roll register in respect of all workmen employed by him on the work under contract in form XVI of the CL (R & A) Rules 1971. 6.7.5.3 The contractor shall maintain a Wage Register in respect of all workmen employed by him on the work under contract in form XVII Of the CL (R & A) Rules 1971. 6.7.5.4 Register of accidents – The contractor shall maintain a register of accidents in such form as may be convenient at the work place but the same shall include the following particulars. a) Full particulars of the laborers who met with accident. b) Rate of wages. c) Sex. d) Age e) Nature of accident cause of accident f) Time and date of accident g) Date and time when admitted in hospital h) Date of discharge from the hospital i) Period of treatment and result of treatment j) Percentage of loss of earning capacity and disability as assessed by medical officer k) Claim required to be paid under workmen‟s compensation Act l) Date of payment of compensation m)Amount paid with details of the person to whom the same was paid n) Authority by whom the compensation was assessed o) Remarks. 6.7.5.5 The contractor shall maintain a Register of Fines in the form XII of the CL (R & A) Rules 1971 The contractor shall display in a good condition and in a conspicuous place of work the approved list of acts and omission for which fines can be imposed. 6.7.5.6 The contractor shall maintain a Register of Deduction for damage or loss in form XX of the CL (R & A) Rules 1971. 6.7.5.7 The contractor shall maintain a Register of advance in form XXIII of the CL (R &A) Rules 1971. 6.7.5.8 The contractor shall maintain a Register of overtime in form XXIII of the CL (R &A) Rules 1971. 6.7.6 Attendance card-cum wage slip 6.7.6.1 The contractor shall issue an Attendance card cum wage slip to each workmen employed by him. 6.7.6.2 The card shall be valid for each wage period. 6.7.6.3 The contractor shall mark the attendance of each workman on the card twice each day, once at the commencement of the day and again after the rest interval, before he actually starts work. 6.7.6.4 The card shall remain in possession of the worker during the wage period under reference. 6.7.6.5 The contractor shall complete the wage slip portion on the reverse of the card at least a day prior to the disbursement of wages in respect of the wage period under reference. 6.7.6.6 The contractor shall obtain the signature or thumb impression to the worker on the wage slip at the time of disbursement of wages and retain the card with him. 6.7.7 Employment Card The contractor shall issue an Employment Card in the form XIV of CL (R & A) central Rules 1971 to each worker within three days of the employment of the worker. 6.7.8 Service certificate

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On termination of employment for any reason whatsoever the contractor shall issue to the workman whose services have been terminated, a service certificate in the form XV of the CL (R & A) central Rules 1971. 6.7.9 Power of labour officer to make investigations or enquiry. The labour officer or any person authorized by the central government on their behalf shall have power to make enquiries with a view to ascertaining and enforcing due and proper observance of fair wage clauses and provisions of these Regulations. He shall investigate into any complaint regarding the default made by the contractor in regard to such provision. 6.7.10 Report of investigating officer and action thereon The labour officer or other persons authorized as aforesaid shall submit a report of result of his investigation or enquiry to the Engineer-in-charge indicating the extent, if any to which the default has been committed with a note that necessary deductions form the contractor‟s bill be made and the wages and other dues be paid to the labourers concerned. The Engineer-in-charge shall arrange payment to the labour concerned within 45 days from the receipt of the report from the labour officer or the authorized officer as the case may be. 6.7.11 Inspection of Books and Slips The contractor shall allow inspection of all the prescribed labour records to any of his workers or to his agent at a convenient time and place after due notice is received or to the Labour Officer or any other person, authorized by the Central Government on his behalf. 6.7.12 Submission of Returns The contractor shall submit periodical returns as may be specified from time to time. 6.7.13 Amendments. The Central Government may from time to time add to or amend the regulations and on any question as to the application/ interpretation or effect of those regulations. 6.8 INSURANCE: 6.8.1 Without limiting any of his other obligations or liabilities, the contractor shall , at his own expense, take and keep comprehensive insurance including third party risk for the plant, machinery, men, material etc. brought to the site and for all the work. The contractor shall also take out workmen‟s compensations insurance as required by law and under take to indemnify and keep indemnified the Government from and against all manner of claims and demands and losses and damages and cost ( including between attorney and client ) charges and expenses that may arise in regard the same or that the Government may suffer or incur with respect to and / or incidental to the same . The contractor shall have to furnish originals and /or attested copies as required by the department of the policies of insurance taken within 15 days of being called upon to do so together with all premium receipts and other papers related thereto which the department may require. 6.9 COMPLIANCE WITH LAWS AND REGULATIONS 6.9.1 During the performance of the works the contractor shall at his own cost and initiative fully comply with all applicable laws of the land and with any and all applicable by laws, rules, regulations and orders and any other provisions having the force of law made or promulgated by the Government , Governmental agency or department, municipal board, Government of other regulatory or authorized body or persons and shall provide all certificates or compliance therewith as may be required by such applicable law, by laws, rules, regulations, orders and/ or provisions. The contractor shall assume full responsibility for the payment of all contributions and pay roll taxes, as to its employees, servants or agents engaged in the performance of the work specified in the contractor documents. If the contractor shall require any assignee or sub contractor to sham any portion of the work to be performed hereunder may be assigned, sub- leased or sub contracted to comply with the provisions of the clause and in this connection the contractor agrees as to undertake to save and hold the Government harmless and indemnified from and against any/all penalties, actions, suits, losses and damages, claims and demands and costs( inclusive between attorney and client) charges and expenses whatsoever arising out or occasional, indirectly or directly, by failure of the contractor or any assignee or subcontractor to make full and proper compliance with the said by-laws, rules, regulations, laws and order and provisions as aforesaid.

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SECTION VII
7. SCOPE AND DESCRIPTION OF WORKS Specification for laying PLB Pipes by Horizontal Directional Drilling method 7.1 QUANTUM OF WORK: Quantum of work is as mentioned in Notice Inviting Tender. The said quantity of PLB pipe/cable laying by Horizontal Directional Drilling method is to be executed in the territorial jurisdiction of DGM TP Patna . The length consists of road/rail/canal crossings with PLB Pipe and also laying along road with PLB Pipe, at different places with

7.1.1 Tools and plants The contractor shall provide at his own cost all tools, plants appliances, implements etc. required for proper execution of works. The contractor shall also supply without charge the requisite number of persons with the means and materials necessary for the purpose of setting out works, counting, weighing and assisting the measurements for examination at any time and from time to time. The contractor shall be responsible to make all arrangements, at his own cost for de-watering of trenches/ducts and de-gasification of the ducts before carrying out the work. The contractor shall also be responsible to make arrangements, at his own cost, for water required for carrying out of works at sites including curing of CC/RCC works. Failing his so doing the same may be provided by the Engineer-in-charge at the expense of the contractor and the expenses shall be deducted from any money due to the contractor under this contract or otherwise.

7.2

PLB PIPE LAYING STANDARDS:

7.2.1 Horizontal Boring and Insertion of Casing Pipe: Horizontal Boring and Inserting Casing Pipe with rope (material – HDPE of pressure rating 4 Kg/cm²) along road and under railway/road/canals/streams crossing in all type of soils at prescribed depth, including all civil works & reinstatement as per standards, supply of all tested lifting tools and tackles other required equipment and consumable, labour etc., and making all such necessary arrangements are under tenderer‟s scope. Total job has to be completed within time schedule mentioned in work order. The work includes different sizes of boring: 1 Boring up to 60 mm diameter 2 Boring from 61 to 150 mm diameter 3 Boring from 151 to 285 mm diameter 4 Boring from 286 to 450 mm diameter 7.2.2 In this system of cable laying, following job specifications should be maintained: 1.Guided boring/drilling technology is to be used 2.Radio or any other detection system should be used for avoiding damage to existing underground utilities 3. The depth of boring should be such as to clear any underground utilities/obstacles. However, in no case the depth of boring be less than 1.7 m, from the road surface 4. In Horizontal and Vertical boring, the system should be capable of going up to 10 meter below the ground level 5. In a shift of 8 hours at least 200 meters of drilling longitudinal or 3 to 4 road crossings should be possible. 6. The span of HDD (shot length) will be decided by the Engineer-in –charge as per the site requirement. 7. The Contractor should provide sufficient Metal Barricades, Warning Lamps, Display boards indicating i) Name of the Contractor ii) Organization : BSNL iii) Contact Number , at the work site. 7.2.3 Ground Penetrating Radar Survey and damage to Telephone Cable and other underground services. 1. The contractor should collect all available information regarding underground services and take necessary care to protect them. He should also have sufficient arrangements to identify and protect such underground services. 2. The contractor shall carry out Ground Penetrating radar survey along the proposed cable route at his own cost to identify the underground services and for setting out the routes as directed by Construction Officer. The Construction Officer shall provide route map to the contractor if available for plotting the existing utilities and setting the route for horizontal drilling. 7.2.4 Laying of Optical Fiber Cable: In case of laying of Optical Fiber Cable, the Contractor should take adequate precaution so that the cable is not damaged during laying.

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7.2.5 At the time of completion of work, the records of actual route//depths of cable laid is to be transferred to the Construction Officer along with other necessary documents and drawing. The record of depth should be given at the interval of 5 meters. 7.3 Reinstatement of road surfaces Any excavation done in the public property pits etc, the tenderer has to bring to the original form of surface, as per technical specification of Local authorities. All the reinstatement will be subjected to inspection of BSNL and Local authorities or any such agency as and when decided. If the quality of the reinstatement is found to be unsatisfactory, then penalties as applicable will be payable by the contractor. 7.4 Time frame for carrying out the works. 7.4.1 The contractor is expected to carry out at least 200 mts of HDD including pipe laying works in a day. 7.4.2 The survey of the full route to be carried out for any underground utilities, in proposed route. This should be done at a rate of 1 Km per day. 7.4.3 The total time allowed to carry out the HDD will be calculated as below. i) Mobilization of resources -- 1 day ii) Survey of Routes -- 1 KM/ day iii) HDD -- 200 mts/ day The work order will be issued indicating the dates of commencement & completion of work order as per the above time schedule. 7.5 Preparation of Documents. The documents should be prepared in the spiral bound sets which will contain the following. 7.5.1 The route diagram indicating the road, Hand holes, Number of Pipes, Important land marks in one sheet. 7.5.2 The detailed profile of the Horizontal Boring route to the scale of 1cm : 2 m to be drawn in A4 sheet indicating the following details 7.5.2.1 The offset – every 10 m interval 7.5.2.2 Land marks – minimum one per 30 m 7.5.2.3 The depth of the boring profile – every 10 m interval 7.5.2.4 Hand holes 7.5.2.5 Number of Pipes / Cables and colour. 7.5.2.6 Other utilities running parallel or crossing the route. The documents should be prepared in computer using drawing tools of MS Office and six bound sets should be made over along with a soft copy. The drawings will be accepted by the Engineer in charge after verifying the correctness, usability. The documentation cost is part of the rate quoted in carrying out the work and no separate payment will be made for preparation of documents. 7.6 Installation standards & precautions to be taken : 7.6.1 Test & Inspections : Test & inspections of the completed duct system shall be carried out. Upon final acceptance testing and inspection (in stages if desired by BSNL) of the installed works, the contractor shall make over the same to Engineer-in-charge, ater rectification of defects, if any. 7.6.2 Tools, implements & testing instruments required : 7.6.2.1 Instructions to contractors & precautions to be taken: The contractor/authorized representative shall always be available at the site during the progress of work to take instruction from Engineer-in-charge or his representative. The contractor shall display at the site prominently the name and address of representative who can be contacted in case of emergency. 7.6.2.2 In case local authorities insist for trenching during night, trenching activities will be restricted to night hours and no open trenches will be left during day hours. 7.6.2.3 The Work shall be executed so as to cause minimum interference to road traffic and pedestrians. Suitable arrangements shall be made for providing passage to pedestrians and vehicles. The inconvenience to the public shall be remedied at the risk and cost of the contractor/agency and decision of Engineer-in-charge shall be final and binding. The contractor shall provide and maintain sufficient caution-cum-information boards, warning tapes and adequate barricading with lighting arrangement, as required along excavation work areas as per requirement of the code of conduct for public utility for better road maintenance in the concerned city/state. Required no. of men shall be provided by the contractor at his own cost to control traffic, prevent any accidents to pedestrians or vehicles. Any violation of these guidelines, if it attracts any levies/damages, shall be borne by the contractor. Caution-cum-diversion board of reflector type shall be provided at each end of trench to caution the traffic and during dark hours, lights shall be operated at site. In the event of failure in observing the above mentioned precautions, BSNL shall provide warning boards, tapes, cones, barricading etc., at its discretion and debit the cost to contractors account. However this shall not absolve the contractor

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from his responsibilities and liabilities. In addition, the contractor shall be liable for the levy of fine not exceeding Rs.5000/- (Rupees Five Thousand Only) on a single occasion. The decision of Engineer-in-charge in respect of the defaults by the contractor and the amount of fine shall be final & binding. In case of repeated imposition of fine on three occasions, the contractor would be liable for penal action including termination. 7.6.2.4 All steps shall be taken to prevent damage to paving outside excavation areas & restore the same if damaged, at contractors cost and to protect paving form contamination by fuel and/ or oil from the equipment used at site. 7.6.2.5 Any useful material obtained from the excavation shall be stacked separately and shall be the property of BSNL/ Local bodies and shall be disposed off as per directions of Engineer-in-charge. 7.6.2.6 Where pneumatic drills or other power driven road breaking appliances are used, they shall be fitted with silencing devices and the compressor machine shall be maintained in an efficient condition to avoid undue noise. 7.6.2.7 In order to prevent damage to PLB pipe over a period of time, due to the growth of trees, roots bushes, etc., the contractor shall cut them if encountered in the path of alignment of trench without any additional charge. 7.7 SPECIFICATION FOR CONCRETING 7.7.1 The nominal dimension of concreting shall be instructed by Site Engineer during the execution of work. Depending on the situation at site and number of the pipes to be laid/ used, the cross sectional dimension may very to ensure proper protection to the pipes as well as uniformity with any existing structure bas on which the GL Pipes/ GI through are placed as demanded by the road authorities. 7.7.2 At both the ends of the Bridges/ Culverts were the GI pipes / Throughs slope down and get buried, the concreting shall be carried out to ensure that no portion of GI Pipe/ Trough is exposed and further down as required by the site Engineer protect the Pipe/ from any possible damage externally caused. 7.7.3 Any damages caused to the exiting structure such as Foot path or base of the parapet or Kerb wall on which GI pipes / Troughs are placed shall be repaired and original condition restored to the satisfaction of Road Authorities. 7.7.4 The Contractor shall provide all the material required for the cement concreting work at the site. Cement concrete Mixture used shall be of 1:2:4 composition i.e. 1 Cement,2. Coarse Sand,4. Graded Coarse Stone aggregate of 20 mm nominal size. Smooth finishing of exposed surface shall be done with a mixture of 1:3 i.e. 1. Cement 3. Fine Sand. 7.7.5 Portions where cement concreting have been done shall be cured with sufficient amount of water for reasonable time to harden the surface. After curing, refilling of the balance depth of the trench has to be done with excavated soil. It may be noted that no extra payment is admissible for arranging material, labor tools and machine while carrying out the work. 7.8 STORES TO BE PROCURED BY THE CONTRACTOR 7.8.1 The items to be procured by the contractor will include the following. a) River Sand b) Construction material steel, cement, jelly, sand etc., for concreting works c) Warning boards, warning tape, warning cones, flags, signals, barricades, electric warning lamps and bands. d) Any other material used in this work. 7.8.2 All materials for use shall be new and duly tested as per approved standards and shall comply the material specifications. Where no spec is specified, it shall conform to BIS/ISI/CPWD standards. 7.8.3 The stores procured by the contractor will be tested for meeting standards prescribed and only such material which meets the standards will be accepted and allowed to be utilized. This does not absolve the contractor from his responsibility to replace and redo the work in case of failure of the construction during 1 year from date of completion of construction. 7.9 SPECIFICATION FOR STONE AGGREGATES, COARH SAND, FINE SAND :

7.9.1 Stone aggregate : Stone aggregate to be used in the work shall be hard broken stone and shall be conform to CPWD specification 1996 volume II. 7.9.2 Coarse sand: Coarse sand to be used shall conform to CPWD specification 1996, Volume II. 7.9.3 Fine sand: Fine sand for finishing to be used in the work shall conform to CPWD specifications 1996 Volume II Note: Where only one variety of sand is available, the sand will be sieved for use in finishing work as directed by the Engineer-in-charge in order to obtain smooth surface and nothing extra will be paid on this account.

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7.10 PRELIMINARY INSPECTION : 7.10.1 Before offering completed works for acceptance testing to Engineer-in-charge, the contractor shall complete all checks and tests as required and submit report. 7.10.2 The Site Engineer, Engineer-in-charge and the officers of BSNL including A/T personnel will inspect the work from time to time during the course of construction. The Engineer-in-charge will also conduct a preliminary inspection before offering for acceptance testing and any defects pointed out shall be rectified forthwith at contractor‟s expense. 7.10.3 In case the completed duct system do not pass the final acceptance testing or checks as required, the contractor shall bear all costs in this regard and re-offer works after rectification for preliminary inspection of the Engineer-in-charge. 7.11 OFFSET DIAGRAM:

Preparation of 3- dimensional offset diagram showing depth, offset from center & edge of road, road boundary, permanent structures, cross-sectional views, details of all important buildings, landmarks etc., City maps and street details to be incorporated. The offset diagram shall be prepared on computer and 3 hard copes (in book form in good quality executive bond paper & printed on inkjet/ laser printer with 600 dpi or higher resolution, and wherever Co lour printout is required the same should be provided.). Any corrections required will be incorporated before handing over the final copies. The contractor will prepare and hand over the offset diagrams along with floppies containing the drawings to the Engineer-in-charge before acceptance testing. No separate payment for preparation of book will be paid. 7.12 FINAL INSPECTION AND A/T: The Engineer-in-charge after his satisfactory preliminary inspection shall offer the works for final inspection to the Acceptance Testing Unit (hereinafter called A/T Unit). The route index/ offset diagram should be prepared by the contractor and made over to the A/T unit in advance. The A/T unit will randomly check depth and position of the Manholes, sound construction practices and prescribed protection, construction of chambers etc. The A/T Unit and Site Engineer shall jointly inspect completed section consisting of at least two manholes and duct length in between and satisfy themselves that the work has been completed and passed all the checks and test prescribed in Acceptance Testing Schedules. The inspection resulting in defect free ducting as inspected / Tested above shall be termed as final inspection. After completion of final inspection, the acceptance-testing unit shall issue the completion and testing reports in prescribed proforma. The A/T, completions Report shall be issued only after all the points have been attended to. The report shall normally released within 30 days from receipt of offer the Site Engineer. No work shall be treated as complete until acceptance testing and quality control checks are completed and found satisfactory. All the defects pointed out by the A/T unit or/and Engineer-in-charge shall be rectified and got re-tested by the contractor at his own cost before the work is treated as completed. The responsibilities of non-clearing the defects and thus non-completion of work shall always rest with the contractor. The rejection of the work shall be intimated to all concerned to ensure prompt action. All material, T & P, equipment labour and assistance required by Engineer-in-charge A/T Unit for preliminary testing of final A/T shall be provided by the contractor at his own cost. The A/T report, offset diagrams and M-Book shall constitute the basic records of ducts to be maintained by the BSNL. 7.13 WORK SPECIFICTIONS :

7.13.1 Description of work: 7.13.1.1 Underground Services :

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The contractor should collect all available information regarding underground services and take necessary care to protect them. He should also have sufficient arrangements to identify and protect such underground services. 7.13.1.2 At the time of completion of work the records of actual depths of cable at which it is being laid is to be transferred to the Engineer-in-charge along with other necessary documents and drawing. The record of depth should be given at the interval of 5 meters. 7.14 OBSTRUCTIONS: 7.14.1 The obstructions generally come in the form of (1) water mains, sewer pipes or electric cables going across the way of duct, (2) Pillar foundations or foundation of large buildings near by, (3) Roads in close proximity of the routes. They have to be overcome before the trench route can be completed. They may be overcome by giving minor bends to the ducts, in case it is not possible to go through. 7.14.2 Arrangements for negotiating the obstructions should be worked out well in advance to complete the work in time. The work t be carried out by other utilities for shifting their plants should be envisaged well in advance. Simultaneous work saves a lot of time and repeated digging.

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SECTION VIII MATERIAL SECURITY BOND FORM
Where as ---------------------------------------------------- (hereafter called “the Contractor”) has been awarded the contract of Horizontal Directional Drilling Work, as per tender number ---------------------------------------------------- KNOW ALL MEN by these Presents that WE -------------------------------------------------OF------------------------------------------------ having our registered office at ------------------------------------------------- (hereinafter called the “the Contractor”) are bound unto --------------------------------------------- (hereinafter called “ BSNL”) in the sum of …….for which payment will and truly to be made of the said department, the Bank binds itself, its successors and assigns by these presents.
THE CONDITIONS of

the obligations are :

1. 2. 3.

If the Contractor is unable to keep stores issued to him, properly, i.e. the store provided to the contractor, by BSNL are damaged or The stores issued to the contractor by the BSNL are stolen or The Contractor is not able him/her/them BSNL. to provide proper account of the stores issued to

We undertake to pay to BSNL up to the above amount upon receipt of its first written demand without BSNL having to substantiate its demand, provided that in its demand, BSNL will note that the amount claimed by it is due to it owing to the occurrence of one or two or all of three conditions specifying the occurred condition or conditions. This guarantee will remain in force up to and including One hundred and eight (180) days after the Period of Contract validity, and any demand in respect thereof should reach the bank not later than the above date.

Signature of the Bank

Signature of Witness Name of Witness Address of Witness

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SECTION – IX

AGREEMENT
The successful tenderer shall have to execute the following agreement: This agreement made on this ------------day of ( month)-----------(year)------------- between M/s --------------------------------herein after called “The Contractor” ( Which expression shall excluded by or repugnant to the context, include its successors, heir, executors, administrative representative ad assignee) of the one part and Chairman & Managing Director, BSNL here in after referred to as BSNL, of other part. Where as the contractor has offered to enter into contract with the said Government for the execution of work of laying PLB pipes / Cable by Conventional/Horizontal Directional Drilling method in O/F EQUIP.DIVN.,Patna on the terms and conditions herein continued and the rates approved by BSNL (copy of rates annexed) have been duly accepted and where as the necessary security deposits have been furnished in accordance with the provisions of the tender document and where as no interest will be claimed on the security deposits. Now these presents witness and it is hereby agreed and declared by and between the parties to these presents as follows: 1. The contractor shall during the period of this contract that is to say from --------------- to ------------- or completion of work for Rs ---------------- (in words) ------------------------------whichever is earlier or until this contract shall be determined by such notice as is hereinafter mentioned, safely carry out, by means of labours employed at his own expenses and by means of tools, implements and equipments etc., to be supplied b him to his labour at his own expenses, all Horizontal Boring works and other associated works as described in tender documents (annexed to the agreement),when BSNL or the DET or any other persons authorized by the DET in that behalf require. It is understood by the contractor that the quantity of work mentioned on the schedule is likely to change as per actual requirements as demanded by agencies of service. 2. The NIT(notice inviting tender), Bid documents (Qualifying and Financial ),letter of intent, approved rates, annexed hereto and such other additional particulars ,instructions drawings, work orders as may be found requisite to be given during execution of the work shall be deemed and taken to be an integral part of the contract and shall also be deemed to be included in the expression “The Agreement” or “The Contract” wherever herein used. 3. The contractor shall also supply the requisite number of workmen with means & materials as well as tools, appliances, machines , implements, vehicles for transportations, cartage etc. required for the proper execution of work within the time prescribed in the work order. 4. The contractor hereby declares that nobody connected with or in the employment of the BSNL shall not ever be admitted as partner in the contract. 5. The contractor shall abide by the terms and conditions, rules, guidelines, HDD practices, safety precautions etc. stipulated in the tender document including any correspondence between the contractor and BSNL having bearing in execution of work and payments of work to be done under the contract. In witness whereof the parties‟ presents have here into set their respective hands and seals the day and year in----------------------------------------------Above written:

Signed sealed & Delivered by the above named Contractor in the presence of. Witness: 1. 2. Signed & Delivered on behalf of the President of India by the Witness:

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SECTION- X LETTER OF AUTHORISATION FOR ATTENDING BID OPENING
NIT Number_________________________________________________ Subject: Authorization for attending bid opening on_________________(date)in the tender of _________________________

To, The Divisional Engineer Telecom Optical Fibre Eqptment Divn., BSNL, Patna Sir, Following persons are hereby authorized to attend the bid opening for the tender mentioned on behalf of ____________________________________(bidder) in order of preference given below. Order of Preference
I II

Name

Specimen Signature

Alternate Representative Signature of bidder Or authorized signatory on behalf of the bidder.
Name of the Contractor___________________ Complete Address ____________________ ____________________ Telephone Number ___________________ Fax Number ___________________

Note: 2

Only one representative will be permitted to attend bid opening. Alternate Representatives will be permitted when regular representatives are not able to attend. Permission for entry to the hall where bids are opened, may be refused in case Authorization as prescribed above is not provided .

3

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SECTION XI
LIST OF DOCUMENTS TO BE SUBMITTED ALONG WITH QUALIFYING BID

The tenderer will have to submit the following documents / deposits with technical bid. Any bid not accompanying the below mentioned documents / deposits will be liable to be rejected. (a) (b) Bid Security in accordance to clause no. 4.8 Tender document(s), in original, duly filled in and signed by tenderer or his authorized representative along with seal on each page. All corrections and overwriting must be initialed with date by the tenderer or his authorized representative. The registration of the firm, Authenticated copy of partnership deed in cases of partnership firm & form A issued by Registrar of firms or Article and Memorandum of Association along with certificate of incorporation in case of company Bid Form, duly filled in, as per section II. Tenderer‟s profile, duly filled in, as per section III of the tender document. Original „Power of Attorney‟ in case person other than the tenderer has signed the ender document. List of qualified experienced personnel, who are working for the tenderer, who will be employed for the work. Experience Certificate Proof of having HDD machine/Lease agreement.

(c)

(d) (e) (f)

(g) (h) (i)

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SECTION – XII

Bharat Sanchar Nigam Limited
(A Government of India Undertaking) Work Order Format
Work Order No………………………………………………. Dated the……………….

Work Order-cum-Completion Report for the work of Horizontal Boring as per Terms & Conditions of Contract To Sub: Work Order for Horizontal Boring as per the Terms & Conditions of Contract Ref: Tender No…………………………………… Specification: Horizontal Boring 01 02 03 04 Estimate No : 05.Size and Length of Cable issued Name/ Length of Route : 06. Approximate / Actual Cost of work: Approximate length of cable(Route diagram attached): 07. Important instructions as per Tender A) Date of commencement : conditions B) Date of Completion: : (a) Preparation of Route& OFFSET diagrams and submission to Planning Unit (b) Work is to be carried out as per instructions of the concerned SDE/JTO (c) No damage should be done to existing Telecom /Electrical/Railway Cable/Any (d) Underground utility cable should be laid in parallel trench to avoid such problem. (e) Cost of damages to be borne by Contractor. (f) Cable Joint Indicator shall be suitably provided. (g) Refilling /reinstatement is to be carried out strictly as per specifications to the satisfaction of Mahanagar Palika/Highway Authority . Divisional Engineer Telecom O/F Equipment Dn.,Patna Date ……………… Completion report (to be filled by the Contractors) 01 No. of work orders received 07 Size/Length of cable 02 No. of work orders completed 08 Issued Laid Status of Balance 03 Total Trench length dug Quantity 04 Progressive cost of all the work orders 09 Avg Depth Min Depth 05 Actual date of completion of the present WO: Signature of Contractor 06 Cable Mtce diagram submitted (with date & Stamp) Remarks (if any) of Counter Signing Authority 1. LD for days@ Rs. Per day is imposed 2. LD for days condoned 2. All the statements above are verified and found in order SDE, O/F Eqpt.Dn.,Patna SDE(A/T)

Countersigned by DET,O/F Eqpt.Dn.,Patna Date:

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SECTION- XIII

Construction Practice for Trench less/Horizontal Directional Drilling
13 WORK SPECIFICATIONS – TRENCHLESS /Horizontal directional drilling

The specification given here under is only for laying PLB pipes by “No Dig” also called as TRENCHLESS /Horizontal directional drilling method using Trench less Technology.
PLB DUCT LAYING STANDARDS: 13.1.1 Horizontal Boring and Insertion of PLB pipes: Horizontal Boring and Inserting PLB Pipe along road and under railway/road/canals/streams crossing in all type of soil, at prescribed depth, including all civil works. Supply of all tested lifting tools and tackles & other required equipment and consumable, labour etc., and making all such necessary arrangements will be the contractor‟s responsibility. Total job has to be completed within time schedule mentioned in work order.
13.1

13.1.2 In this system of pipe laying, following job specifications should be maintained: a. Guided boring/drilling technology is to be used. b. Radio of any other detection system should be used for avoiding damage to existing underground utilities. c. The depth of boring should be such as to clear any underground utilities/obstacles. However, in no case the depth of boring be less than 1.65 m, from the road surface d. At the launching point, launching pit with depth of at least 2.0 mtr should be taken and the boring should be launched at minimum 1.65 mtr depth. The trench should be taken upto a minimum horizontal distance of 200 mtrs. e. In Horizontal and Vertical boring, the system should be capable of going up to 10 meter below the ground level. f. In a shift of 8 hours at least 200 meters of drilling longitudinal or 3 to 4 road crossings should be possible. g. As far as possible pipe should be laid in drum length and cutting of pipe should be avoided while laying along road 13.1.3 The HDD location (entry and exit points of bore) marking shall be given by the site engineer. The contractor has to remove the interlocking blocks, foot path stones and / or the foot path dividers (iron railings) in order to keep the HDD machine. At the entry and exit points, pits have to be taken to a depth of at least 2.0 m. As per the marking of the site engineer, the boring shall be done. After the bore reaches the exit point on the remote pit, the site engineer, shall record in Measurement .Book, the depths enroute, every 5 meters and the alignment (offset). If the site engineer is satisfied with the depth, the pipes are inserted and the bore is pulled back. The pipes are supplied in the coil form and they should be de-coiled and laid parallel on the ground. The pipes should be properly formed so that there is no coiling tendency for the pipes. The number of pipes to be laid will be instructed by the site engineer, and shall be bundled and tied every 2 meters with a tie. The pipes shall be brought above surface in the entry pit and end plugs are fixed tightly. In the exit pit, the excess pipe is cut and the end plugs are tightly fixed. In case duct laying is completed on the other side, these pipes shall be connected to the existing ducts through couplers. After the boring work is completed, the pit shall be closed and the foot path shall be restored to original form. The bore size should be sufficient to take upto 7 pipes. At the time of completion of work, the records of actual depths of cable at which it is being laid is to be transferred to the Engineer - in – charge along with other necessary documents and drawing. The record of depth should be given at the interval of 5 meters.

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SECTION XIV
STANDARD SCHEDULE OF RATES FOR HDD WORK 1. ROUTE : H-1. WAZIRGANJ-HASUA-NAWADA OFC ROUTE [ Rout Length – 12.330 Km ] Item Code 1.1 HDD Scheduled Rate in Rs/ Unit

Sl.No.

Description of Item

Quantity

1.1

Laying PLB Pipes / Coils by Horizontal Directional Drilling Method (i.e. Micro Tunneling): a. HDD for Single Pipe 180.00/mtr. b. HDD for Double/Triple Pipe 200.00/mtr c. HDD for Quadriple or more Pipes 220.00/mtr

0 Mtr. 5000 Mtr. 0 Mtr.

NOTE : Works may be increased or decreased at the time of execution.
2. ROUTE : H-2.

DAUDNAGAR- AURANGABAD AND AURANGABADAMBA OFC ROUTE
[ Rout Length – 7.500 Km ] Scheduled Rate in Rs/ Unit

Sl.No.

Item Code 1.1 HDD

Description of Item

Quantity

1.1

Laying PLB Pipes / Coils by Horizontal Directional Drilling Method (i.e. Micro Tunneling): a. HDD for Single Pipe 180.00/mtr. b. HDD for Double/Triple Pipe 200.00/mtr c. HDD for Quadriple or more Pipes 220.00/mtr

0 Mtr. 7500 Mtr. 0 Mtr.

NOTE : Works may be increased or decreased at the time of execution.
2. ROUTE : H-3.

ANYWHERE IN BIHAR OFC ROUTE [ Rout Length – 5.0 Km ]
Description of Item Scheduled Rate in Rs/ Unit Quantity

Sl.No . 1.1

Item Code

Laying PLB Pipes / Coils by Horizontal 1.1 HDD Directional Drilling Method (i.e. Micro Tunneling): a. HDD for Single Pipe 180.00/mtr. b. HDD for Double/Triple Pipe 200.00/mtr c. HDD for Quadriple or more Pipes 220.00/mtr

1500 Mtr. 3000 Mtr. 500 Mtr.

NOTE : Works may be increased or decreased at the time of execution.

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SECTION XV

Financial Bid
To D.E.T, O/F Eqpt.Division., Patna: Subject :-> Our Financial Bid for Microw Tunneling by HDD Method in

H1-WAZIRGANJ-HASUA-NAWADA / H2-DAUDNAGAR-AURANGABADAMBA OFC ROUTE / H3-ANYWHERE IN BIHAR
Ref :…………………………………………………

Dear Sir, Having examined the tender documents, terms and conditions stipulated therein, specifications of work etc., we the under signed offer to execute the Microw Tunneling by HDD Method in

WAZIRGANJ-HASUA-NAWADA / DAUDNAGAR-AURANGABAD - AMBA OFC ROUTE / ANYWHERE IN BIHAR in conformity with the said specifications and conditions
of contract at the percentage (Below/at par/above) on standard schedule rates quoted as under : In figures …………………………% In words …………………………………percent

BELOW

OR AT PAR OR ABOVE In figures ………………………..% In words ……………………………………percent In words……………………….

If out Bid is accepted, we shall submit the securities as per the conditions mentioned in the contract. We agree to abide by this Bid for a period of 240 days from the date of opening of financial bid and it shall remain binding upon us and may be accepted at any time before the expiry of that period. Dated ……/……/……..

Signature of the tenderer…………………………. Name of the tenderer…………………………..

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DOCUMENT INFO