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Revocation of Power of Attorney Proforma for India

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					          BHARAT SANCHAR NIGAM LIMITED
                                        (A Govt. of India Enterprise)
               Office of the General Manager Telecom District Kota


                       TENDER DOCUMENT

                                                  FOR
      MAINTANANCE OF BROADBAND CONNECTIONS IN KOTA SSA

       Tender No. S-8/ TENDER/GMTD/ KOTA/BB-AMC/ 2010-11/1                                Dated 26.05.2010




     LAST DATE & TIME OF                                                15.06.2010 11:00 Hrs to 17:00 HRS
     SALE OF TENDER FORM
.
     DATE & TIME OF SUBMISSION OF TENDER                                  16.06.2010 UP TO15.00 HRS.
     DATE & TIME OF OPENING OF TENDER                                     16.06.2010 at   15.30 HRS.



    Tender Form Sl. NO:
     CR NO               Dated




      Issued by:                                                                  Issued to:
    SDE (M.M.)
    O/o GMTD, KOTA                                                                M/S…………………




         Signature of tenderer & seal                                                     Page 1 o f 34
                                    TABLE OF CONTENTS
SECTION                            TITLE                                                 P AGE NO .

I                        Notice Inviting Tender                                                     3-5

II                       Instructions to Bidders & General Conditions of Contract                   6-16

III                       Special Conditions of the Contract                                        17-22

IV                        Price Schedule                                                            23

                          BID FORM                                                                  24


Annexure - A              Information about Tenderer                                                25

Annexure - B              Bid Security Form                                                         26

Annexure - C              PERFORMANCE SECURITY GUARANTEE BOND                                       27

Annexure - D              LETTER OF AUTHORISATION FOR ATTENDING BID OPENING                         28

Annexure - E              Format for Declaration regarding telecom service / license                29


ANNEXURE-F                PROFORMA FOR DECLARATION BY TENDERER                                      30
Annexure -G               Format of the Fault attending Report                                      31

Annexure -H               undertaking from the bidder for Rules & regulations under
                          Contract labour Act-1970 and contract labour (Regulation and
                          Abolition) Central rule 1971                                                      32

Annexure -I               undertaking from the bidder regarding minimum qualified persons                   33

Annexure -J               Declaration from bidder for not defaulter / Blacklisted                           34




               Signature of tenderer & seal                                         Page 2 o f 34
                                             BHARAT SANCHAR NIGAM LIMITED                                         SECTION - I
                                                   (A Government of India Enterprise)
                                   Office of the General Manager Telecom District
                                       Admin. Building Jhalawar Road, Kota

                                                NOTICE INVITING TENDER


      NIT No. S-8/ TENDER/GMTD/ KOTA/BB-AMC/ 2010-11/1                                         Dated 26.05.2010

      On behalf of Chairman and Managing Director, Bharat Sanchar Nigam Limited, WAX/PVC Tape
      sealed tenders are invited by the GMTD, Kota for Maintenance of Broadband Connections in Kota SSA
      for One year, which may be extended for one year, as per the details below:

      1. Name of work       :           Maintenance of Broadband Connections in Kota SSA
      2. Period of Contract :           One Year from the date of agreement
      3. Area of Contract
                                                                                        Last Date     Date & Time of TENDER
    S.        SECTION                  AREA            Estimated                        &Time for     Bid opening    COST
    NO                                                    cost                          submission of
                                                                            EMD         BID

                              SDOP RLU JN
                              SDOP I KOTA
                              SDOT ANTAH                                                  16.06.2010      16.06.2010   1000+12.5%
             SECTION I                                 1562600/-                                          15-30 Hrs
                              SDOP BARAN                                  39065/-         15-00 Hrs                       (VAT)
      1.
                              SDOT CAB/ATRU
                              SDE(GE) BARAN
                              SDOP DDB
                              SDOP II KOTA
             SECTION II                                                                   16.06.2010      16.06.2010   1000+12.5%
      2.                      SDOT RBT                 1928420/-
                                                                          48211/-         15-00 Hrs       15-30 Hrs       (VAT)
                              SDOT SLTP
                              SDOT SANGOD
                              SDOP III KOTA
                              SDOP IV KOTA
            SECTION III                                                                   16.06.2010                   1000+12.5%
      3.                      SDOT RJI                 1777880/-                                          16.06.2010
                                                                          44447/-         15-00 Hrs                       (VAT)
                              SDE(GE) KOTA                                                                15-30 Hrs
                              SDOP III KOTA

  *Estimated Cost of work is for One Year only. For extended period, the estimated cost shall increase/ decrease
   proportionally in accordance with increase/decrease of BB connections.
  4. Sale of Tender Document: - Tender document cost as per given above is to be paid in cash / DD at
     AO(Cash) O/o, GMTD, BSNL Kota between 10:00 Hrs. to 17:00 Hrs on all working days. Tender
    documents containing terms, conditions etc.shall be available after producing cash receipt on all working
    days between 10:00 Hrs to 17:00 Hrs in the o/o SDE (MM) GMTD Kota. upto one day in advance of last
    date of opening of tender i.e. 15.06.2010 .Tender Document should be purchase separately for different
    areas/section.
5. Tender document may be downloaded from the Rajasthan Circle Website
     www.rajastahn.bsnl.co.in. in case of tender document downloaded from Internet, a separate DD/Pay
        Order/ in favour of AO (Cash) BSNL, GMTD, KOTA or Cash Receipt from AO (Cash)                         BSNL,
        GMTD, KOTA of Rs. As per NIT may be attached with tender document.




              Signature of tenderer & seal                                                      Page 3 of 33
6. EMD/Bid Security: - EMD as mentioned above is to be paid through Cash,Demand Draft or Bank guarantee
   from Nationalized / Scheduled Bank payable in the name of AO(Cash) BSNL, GMTD, KOTA. The receipt
     obtained should be enclosed with tender or the Qualifying / Technical bid.

7. Submission of Tender: - Tender should be submitted on or before 15:00 Hrs. of Date 16.06.2010. Tenders
   to be dropped in the Tender box kept in the DE (Plg) O/o GMTD BSNL Kota.

8. Opening of Tender: - Tender shall be opened on 16.06.2010at 15:30 Hrs. in the DE (Plg) O/o GMTD
    BSNL Kota in the presence of intending bidder or Authorized representative.

9. The right to accept the whole or part thereof or to reject any tender without assigning any
    reason whatsoever is reserved by the General Manager, BSNL Kota.

10. Eligiblity Criteria: -
          (a)      The Company / Firm bidding for this tender shall be a registered firm in India and should
                    have been in existence for at least 3 years at the time of submission of the bid.
           (b)     The Firm should not be a Licensed Telecom Service Provider to provide Basic Services/
                    Cellular Telephony Services/ Internet Services/ UASL/ NLD/ ILD Services any where in
                   lndia.
          (c)      past experience: The prospective MA should have experience of successful execution of
                   relevant contracts for installation/ maintenance of broadband connections or installation/
                  maintenance/ networking of PCs or complete handling of computer hardware/ software in
                   any Govt./ Semi Govt. organizations PSUs/ Nationalised banks.
           (d). In case the bidder does not have requisite experience of installation/maintenance of
                  broadband connections and has experience of installation/ maintenance/ networking of
                 PCs or complete handling of computer hardware/ software only, the minimum no. of PC
                 Terminals/ laptops networked/ maintained by the firm should be 5% of the total broadband
                 connections working under area/zone for which the bidder has submitted the bid.
                 Certificate with respect past experience as above, from the relevant authority shall have
                 to be attached with the bid as documentary evidence.
         (e)       Financial Turnover - Average Annual financial turnover for similar works
                   during the last 3 years, ending 3l'st March of the previous financial year,
                   should be at least 30% of the estimated cost
         (f)      " similar work" should mean successful execution of relevant contracts for installation/
                  maintenance of broadband connections or installation/ maintenance / networking of PCs
                   or complete handling of computer hardware/ software in any Govt./ Semi Govt.
                   organizations/ PSUs or Nationalised banks.
         (g)    Employee qualification: A minimum of 2 qualified persons with BE/ Diploma or equivalent
                should be on the rolls of the firm who will work for this project .Necessary proof can be
                asked by BSNL
           (h)      The agency should not have defaulted/black listed in any of the earlier BSNL tenders.
                   Also an agency will be disqualified if it is run by the same person, who was
                   involved with another agency which has defaulted/black listed or not executed the
                   works in earlier BSNL
         (i)    For service tax purpose, registration with service tax department, (Central Excise
                department) is required to be submitted along with the bid. In case firm is not registered
                with service tax department, undertaking is to be given by such firms stating that the firm
                will deposit such certificate before submitting first bill. In the absence of such
                registration, no payment will be made.




                Signature of tenderer & seal                                          Page 4 of 33
Important Points for Bidders:-
         1. Conditional bids will not be accepted.
         2. Bids will not be accepted by POST.
         3. Bids should be properly sealed with brown tape or WAX from all sides.
         4.    Bids should be marked on top left corner “MAINTANANCE OF BROADBAND
             CONNECTIONS IN KOTA S S A .
         5. GMTD is empowered to reject any bid without assigning any reason.
         6. If the last day for submission of bids or the day of opening of bids is declared as holiday, the
             date will be shifted to the next working day.
         7. Validity of approved rates will be One year from the date of agreement.
         8. Detailed terms and conditions are given in the tender document.
         9. During the entire evaluation process if it is observed that the downloaded documents
             is not exactly as per the original tender document and/or it is tampered / change/
             altered/ modified in any way the submitted bid will be rejected.
        10. Tender Document should be purchase separately for different areas/Section.




                                                                         DE (Plg)
                                                             O/o General Manager Telecom District
                                                                       Kota




                Signature of tenderer & seal                                         Page 5 of 33
             MAINTANANCE OF BROADBAND CONNECTIONS IN KOTA SSA ..


                                                                                                         SECTION - II

INSTRUCTIONS TO BIDDERS AND GENERAL CONDITIONS OF THE CONTRACT


1. DEFINITIONS

      (a)   "The Purchaser" means the Bharat Sanchar Nigam Limited (GMTD, Kota).

      (b)   "The Bidder" means the individual or firm/Agency/SBO that participates in the tender and
            submitsits bid.

      (c)   "The Contractor" means the individual or firm/Agency/SBO providing services under the contract.

            "Maintenance Agency ( MA)" means the individual or firm/Agency/SBO providing services under
      (d)   the contract.


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

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

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


2.          GENERAL CONDITIONS OF THE TENDER

2.1         EMD (BID SECURITY)

      (a)     The bid security is required to protect the BSNL against the risk of bidder's conduct, which would
              warrant the forfeiture of bid security pursuant to clause 2.1 (f).

      (b)     The bid security shall be in the form of D.D. drawn on any Nationalized / schedule bank at Kota,
              in favour of AO (Cash) H/Q (BSNL) O/o GMTD Kota or a bank Guarantee issued by
              a Nationalized / scheduled bank in favour of the BSNL, valid for a period of 150 days from
              the date of tender opening.

      (c)     A bid not secured in accordance with clauses 2.1 (a) and (b) shall be rejected by the BSNL
              being non-responsive at the bid opening stage and returned to the bidder
              unopened.

      (d)     The bid security of the unsuccessful bidder will be discharged/returned as promptly as possible as
              but not later than 30 days after the expiry of the period of the bid validity prescribed by the
              BSNL pursuant to clause 2.6.

      (e)     The successful bidder's bid security will be discharged upon the bidder's furnishing the
              performance security.

      (f)     The bid security may be forfeited:
              If the bidder withdraws his bid during the period of bid validity specified by the bidder in the
              Bid form or




               Signature of tenderer & seal                                              Page 6 o f 34
       MAINTANANCE OF BROADBAND CONNECTIONS IN KOTA SSA ..


        >In the case of successful bidder, if the bidder fails :
         . to sign the contract or
         .to furnish performance security.
         The bidder will not approach the court against the decision of BSNL in this regard.

2.2
        Submission of tender:- The 1st sealed envelope, duly marked as „Eligibility Bid‟, should
        contain the following documents (signed by the authorized signatory of the bidder, with seal, on each
        page of each document) to establish the Bidder’s eligibility to the bid and his qualification to perform
          the contract if his bid is accepted
      i . Eligibility Certificate (as described in the bid)
      ii. EMD furnished in accordance with that specified in the relevant clause.
      iii.The issued original bid document (excluding section-IV i.e. Price Schedule), signed on
           each page by the authorized signatory of the bidder and Annexure - A to J duly filled.
       iv. Self Attested copies of bidder's partnership deed/proprietorship
          deed/MOA/Registration Documents, as applicable.
      v Self Attested copy of PAN/TAN card of the bidder.
      vi. Power of Attorney/Authority Letter to sign the Tender Document.
      vii.Certificate(s) required in compliance to clause 2.14 of section-II of this document (non-
          participation of near relatives of BSNL employees in the tender).
      viii Bidders registered with National Small Scale Industries Corporation, Govt. of India for similar
          items & having a monetary limit not below the total bid value, may claim exemption from
          payment of cost of tender form, EMD & security deposit. The bidder shall furnish along with the
          bid a certificate / documentary proof in respect of registration clearly specifying the monetary
          limit. In case the bid value exceeds the monetary limit, exemption for payment towards cost of
          tender form shall not be available & the bidder shall furnish EMD/ security deposit for the
          difference. Such bidders should also submit their monthly turnover in support of the claim for
          meeting the delivery schedule duly certified by the NSIC. Moreover, they should also produce
          documentary evidence showing that the firm is registered with NSIC for the items tendered for.
          Failure to comply this provision shall result in summery rejection of the bid. The maximum
          amount of monetary limit for which NSIC registered SSI units will be entitled to get advantage of
          concessions admissible to them shall be limited to Rs.25 Lakhs (Rs. Twenty Five Lakhs only).
      ix Self Attested copies of registration of the bidder for service tax
      x Documents establishing that the bidder is having valid registration with EPF.
      xi Any other document required as per tender conditions.
      xii Declaration of the Bidder that the company /firm is not Landline/ Mobile/ Internet etc.
          Telecom Service Provider
      xiii Certificates required in compliance to the clause pertaining to non-participation of the
          Near relatives of BSNL employees in the Tender

2.3   The 2nd sealed envelope, duly marked as "Price Bid", should contain "Bid Form and Price
      Schedule", provided in Section-IV, duly filled and signed by the authorised signatory of the bidder.
      The 3rd sealed envelope should contain the 1st and the 2nd sealed envelopes.
2.4
      All the three envelopes should contain the name/address/seal of the bidder and the tender number. The
      bid should be addressed to "The DE(Plg) o/o GMTD BSNL Kota.
      The sealed envelope should be dropped in the tender box kept in the room of DE (PLG.) addressed
2.5
      above. These will be opened as per schedule in the presence of bidders or their authorised
      representatives.
      The bid must remain valid for One Year after the date of bid opening. A bid valid for shorter
2.6
      period shall be summarily rejected.




         Signature of tenderer & seal                                                          Page 7 o f 34
             MAINTANANCE OF BROADBAND CONNECTIONS IN KOTA SSA ..


2.7
             COST OF BIDDING: The bidder shall bear all costs associated with the preparation and
             submission of the bid. The Purchaser will, in no case, be responsible or liable for these costs,
             regardless of the conduct or outcome of the biding process.
2.8
             CLARIFICATION ON POWER OF ATTORNEY

             a. It is mandatory that Power of Attorney should be executed on a non-judicial stamp paper;
                 otherwise it would not be admissible in the eye of law.

             b. The Power of Attorney should be on a non-judicial stamp paper of Rs. 100/- in case same has
                 been executed between blood relations and in other cases it should be on a non-judicial stamp
                 of Rs. 500/- and should be attested by the Notary Public or the same should be registered before
                 the sub registrar.
             c. The Power of Attorney should be issued by a person who has been authorized by the board to
                 do business or transactions on behalf of the firm, institution/company. The other person is not
                 authorized to execute the Power of Attorney.

             d. Delegation of Power of Attorney, to some other persons is totally prohibited and not
                permissible in the eye of law.
2.9
             CLARIFICATION OF BID DOCUMENTS
       (a)
                A prospective bidder, requiring any clarification on the Bid Documents shall notify the Purchaser
                in writing or by FAX at the Purchaser's mailing address indicated in the invitation of
                Bid. The Purchaser shall respond in writing to any request for the clarification of the Bid
                Documents, which it receives not later than 7 days prior to the date of opening of the
                Tenders. Copies of the query (without identifying the source) and clarifications by the
                Purchaser shall be sent to all the prospective bidders who have received the bid documents.
       (b)
                Any clarification issued by BSNL in response to query raised by prospective bidders shall form an
                integral part of bid documents and it may amount to an amendment of relevant clauses of the bid
                documents.

2.10         AMENDMENT OF BID DOCUMENTS

       (a)      At any time, prior to the date of submission of Bids, the Purchaser may, for any reason, whether
                at its own initiative or in response to a clarification requested by a prospective bidder,
                modify bid documents by amendments.

       (b)      The amendments shall be notified in writing or by FAX to all prospective bidders on the address
                intimated at the time of purchase of the bid document from the purchaser and these amendments
                will be binding on them.

       (c)      In order to afford prospective bidders a reasonable time to take the amendment into account in
                preparing their bids, the purchaser may, at its discretion, extend the deadline for the submission of
                bids suitably.

2.11     BID PRICES
       (a) The bidder shall give the total composite price inclusive of all Levies & Taxes but excluding
           service tax which will be paid extra as applicable. The offer shall be firm in Indian Rupees. No Foreign
            exchange will be made available by the purchaser.

       (b) 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 basic price quotation
           will be treated as non - responsive and rejected.




             Signature of tenderer & seal                                                    Page 8 o f 34
               MAINTANANCE OF BROADBAND CONNECTIONS IN KOTA SSA ..


2.12          SUBMISSION OF BIDS

       (a)       Bids must be received by the Purchaser at the address specified & before the time mentioned in
                 Section - I.

       (b)       Tender may be delivered in person on above mentioned address.

       (c)       The Purchaser may, at its discretion, extend this deadline for the submission of bids by amending
                 the Bid Documents in accordance with Clause 2.9 in which case all rights and
                 obligations of the purchaser and bidders previously subject to the deadline will thereafter be
                 subjected to the deadline as extended.

       (d)       The bidder shall submit his bid offer against a set of bid documents purchased by him for all of the
                 systems/equipment as per requirement of the Bid Documents. He may include alternate offer, if
                 permissible as per the bid. However not more than one independent and complete offer shall be
                 permitted from the bidder.

       (e)       The envelope shall bear the project name, the tender number and the words 'DO NOT OPEN
                 BEFORE (due date & time)'.

       (f)       The inner and outer envelopes shall indicate the name and address of the bidders to enable the bid to
                 be return unopened in case it is declared 'late' or rejected.

2.13          LATE BIDS

              Any bid received by the purchaser after the deadline for submission of bids prescribed by the
              purchaser pursuant to clause 2.11, shall be rejected and returned unopened to the bidder.

2.14          MODIFICATION AND WITHDRAWAL OF BIDS

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

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

             c. No bid shall be modified subsequent to the deadline for submission of bids.

2.15          NON-PARTICIPATION OF NEAR RELATIVES OF BSNL EMPLOYEES IN THE
              TENDER

              The bidder should give a certificate (Annexure-'F') that none of his/her near relative (as defined in para
              'A' below) is working (either directly recruited or on deputation) in the BSNL units (as
              defined in para 'B' below) where he is going to apply for the tender. In case of proprietorship
              firm certificate will be given by the proprietor. For partnership firm certificate will be given by
              all the partners and in case of limited company by all the Directors of the company excluding
              Government of India/Financial institution nominees and independent non-Official part time
              Directors appointed by Govt. of India or the Governor of the state. Due to any breach of these
              conditions by the company or firm or any other person the tender will be cancelled and Bid Security
              will be forfeited at any stage whenever it is noticed and BSNL will not pay any damage
              to the company or firm or the concerned person.
             The company or firm or the person will also be debarred for further participation in the concerned unit.




                  Signature of tenderer & seal                                                Page 9 o f 34
                 MAINTANANCE OF BROADBAND CONNECTIONS IN KOTA SSA ..


A. 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 law), Daughter(s) and daughter's husband (son in law), brother(s) and brother's wife,
                    sister(s) and sister's husband (brother in law).

B. The BSNL units for this purpose are defined as :

                  a) SSA/Circle//Chief Engineer/Chief Architect/Corporate Office for non-executive
                      employees
                  b) All SSAs in a Circle including Circle Office/Chief Engineer/Chief Architect/Corporate
                      Office for executive employees (including those called as Gazetted officers at present)


    3.          DETAILED TERMS AND CONDITIONS OF THE TENDER :
                 OPENING & TECHNICAL EVALUATION OF BIDS
    3.1
                  The purchaser shall open the eligibility bids in the presence of bidders or their authorized
          (a)     representatives who chose to attend, at 15.30 Hrs on due date. The bidders' representatives, who
                  are present, shall sign in an attendance register. Authority letter to this effect shall be
                  submitted by the bidders before they are allowed to participate in bid opening (Format given
                  in Annexure - D).

                  Venue of Bid opening shall be:
          (b)
                  DE (PLG.),
                  O/o, GMTD, BSNL
                  New Admin Buliding,Jhalawar Road, Kota

                  A maximum of two representatives of any bidder shall be authorized and permitted to attend the
          (c)     bid opening.

                  The bidder's names, details of enclosures, modifications, bid withdrawals and such other details as
          (d)     the purchaser, at its discretion, may consider appropriate will be announced at the
                  time of opening.

                  Eligibility bids only shall be opened on the day of bid opening and the price bids of the "eligible
          (e)     bidders (whose bids are substantially responsive) only" shall be opened afterwards
                  under intimation to the eligible bidders.

                  Purchaser shall evaluate the Eligibility Bids to determine whether they are complete and
          (f)     whether the documents have been properly signed and whether the bids are generally in order.

                  Prior to the detailed evaluation pursuant to clause 3.2, the Purchaser will determine the
          (g)     substantial responsiveness of each bid to the Bid Document. For purposes of these clauses, a
                  substantially responsive bid is one which conforms to all the terms and conditions of the Bid
                  Documents without material deviations. The purchaser's determination of bid's responsiveness
                  shall 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 the purchaser and shall not
          (h)     subsequent to the bid opening be made responsive by the bidder by correction of the non-
                  conformity. Price Bid of the substantially non-responsive bid shall not be opened.

                  The Purchaser may waive any minor infirmity or non-conformity or irregularity in a bid which
          (i)     doesn't constitute a material deviation, provided such waiver doesn't prejudice or affect the
                  relative ranking of any bidder.


                   Signature of tenderer & seal                                             Page 10 o f 34
             MAINTANANCE OF BROADBAND CONNECTIONS IN KOTA SSA ..




3.2         DETAILED EVALUATION OF PRICE BIDS
      (a)         The Purchaser shall open the Price Bids and evaluate in detail and compare in respective of the bids
                  previously determined to be substantially responsive pursuant to clause 3.1.

      (b)         The evaluation and comparison of substantially responsive bids shall be done on the price of the
                  services offered inclusive of Levies & Taxes as indicated in the Price Schedule in Section IV of the
                  Bid Document.

      (c)         Price evaluation shall be done on the basis of total price (inclusive of all taxes/levies) of the
                  services tendered for.

      (d)         Arithmetical errors shall be rectified on the following basis. If there is a discrepancy between the
                  unit price and total price that is obtained by multiplying the unit price and quantity, the unit price
                  shall prevail and the total price shall be corrected by the purchaser. If there is a
                  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.

3.3         CONTACTING THE PURCHASER

            (a) Subject to Clause 2.8, no bidder shall try to influence the Purchaser on any matter relating to its bid,
               from the time of the bid opening till the time the contract is awarded.

            (b) Any effort by a bidder to modify his bid or influence the purchaser in the purchaser's bid
               evaluation, bid comparison or contract award decision shall result in the rejection of the bid.

3.4         PLACEMENT OF ORDER

            The Purchaser shall consider placement of orders for the work only on those eligible bidders whose
            offers have been found technically, commercially and financially acceptable. The
            Purchaser reserves the right to counter offer price(s) against price(s) quoted by any bidder.

3.5         PURCHASER'S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS

            The Purchaser reserves the right to accept or reject any bid, and to annul the bidding process and reject
            all bids, at any time prior to award of contract without assigning any reason whatsoever and
            without thereby incurring any liability to the affected bidder or bidders on the grounds of purchaser's
            action.

3.6         ISSUE OF ADVANCE WORK ORDER

            (a)         The issue of an Advance Work Order shall constitute the intention of the Purchaser to enter
                        into contract with the bidder.

            (b)         The bidder shall within 15 days of issue of the advance work order, give his acceptance
                        along with performance security in conformity with Annexure 'B' provided with the bid
                        document.

3.7         SIGNING OF CONTRACT

                  a) The issue of Work Order shall constitute the award of contract on the bidder.
                  b) Upon the successful bidder furnishing performance security pursuant to clause 3.7, the
                      Purchaser shall discharge the bid security in pursuant to clause 2.1.




            Signature of tenderer & seal                                                       Page 11 o f 34
              MAINTANANCE OF BROADBAND CONNECTIONS IN KOTA SSA..


3. 8               ANNULMENT OF AWARD

             (a)      Failure of the successful bidder to comply with the requirement of clause 3.8 shall
                      constitute sufficient ground for the annulment of the award & the forfeiture of the bid
                      security in which event the Purchaser may make the award to any other bidder at the
                      discretion of the purchaser or call for new bids.

             (b)      Purchaser reserves the right to disqualify the contractor for a suitable period who habitually
                      failed to complete the awarded work in time.

             (c)      Purchaser reserves the right to blacklist a bidder for a suitable period in case he fails to
                      honour his bid without sufficient grounds.

3. 9         PRICES

             (a)      Prices charged by the contractor for services performed under the contract shall not be higher
                      than the prices quoted by the contractor in his Bid.

             (b)      In the case of revision of Statutory Levies/Taxes during the finalization period of tender, the
                      Purchaser reserves the right to ask for reduction in the prices.

             (c)      Prices once fixed will remain valid during the contract period. However, increase and
                      decrease of taxes and other statutory duties during the contract period will be governed as per
                      policy of BSNL and law of land.

3.10         CHANGES IN WORK ORDERS

             (a)     The purchaser may, at any time, by a written order given to the contractor, make changes
                     within the general scope of the contract.

             (b)     There will not be any change in cost of the work to be paid to the contractor on account of
                     above changes.

3.11         SUBCONTRACTS: The Contractor shall not employ any sub-contractor for the work awarded
             under this tender.
3.12         FORFEITURE OF EMD: In case the successful bidder fails to deposit performance security or fails
             to submit the required documents at the time of agreement or does not turn up for agreement, the EMD
             of the bidder shall be forfeited and the tender approval shall be cancelled.
4.           PERFORMANCE SECURITY

       4.1         (a) All contractors (including small scale units who are registered with the National Small
                     Scale Industries Corporation under single point registration scheme) shall furnish
                     performance security to the purchaser for an amount equal to 10% of the value of approved
                     tender cost within 15days after approval of tender by the purchaser. The bid-
                     security will be discharged by the Purchaser after submission of performance security.

                   (b) The proceeds of the performance security shall be payable to the Purchaser as
                     compensation for any loss resulting from the contractor's failure to complete its
                     obligations under the contract. No interest will be payable on earnest money or
                     performance security in any case.

                   (c)The performance security Bond shall be in the form of Bank Guarantee issued by a
                     Nationalized / scheduled Bank and in the form provided in Annexure -C of this Bid
                     Document. Validity of the Bank Guarantee shall be for 18 months and it shall be
                     extended for further one year if the work for second year is awarded to the contractor.

                   (d)The performance security Bond will be discharged by the Purchaser after completion
                      of the contractor's performance obligations under the contract



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                    (e) In the event of any breach of any terms and conditions or delay or default, the contract
                        will be terminated and the performance security will be forfeited by the BSNL.

    4.2        Conditional tenders in modification to the terms and conditions given in this document are liable
               to be rejected.


    5.       Liquidated Damages & Penalties

    5.1      The penalty shall be imposed in municipal boundary as below –

    5.1.1      >04 Hours upto 08 Hrs - Rs. 25/- (per fault per Occasion)
    5.1.2      >08 Hours upto 12 Hrs.- Rs. 50/- (per fault per Occasion)
    5.1.3      beyond 12 Hours-     Rs. 100/- (per fault per Occasion)
    5.1.4      Rural area beyond municipal boundary.:-
              The contractor may attend all faults and complaints booked on BSNL Call Center or
              any of the fault booking mechanism within 08 Hrs in rural area.
              The penalty shall be imposed as below –
               >08 Hours upto16 Hrs – Rs. 25/- (per fault per Occasion)
               >16 Hours. - Rs. 50/- (per fault per Occasion)
    5.2      Penalty will be imposed on per connection of the particular month. Any Broadband connection
             remaining faulty for more than 3 days, No monthly charge will be paid for that number for that
            month in addition to the penalty as given above, however the contractor has to maintain it for that
            month, however the contractor has to maintain it for that month. Contractor should clear 98%
            fault booked during the month within 24 hours of booking otherwise a penalty of 5% of total
            billed amount during the month will be imposed in addition to the penalty as given above. Total
            penalty should not exceed 10% of total billed amount during the month.

    5.3     BSNL reserves the right to black list a bidder for a suitable period in case he/she fails to honour
            his/her bid without sufficient grounds.


    6     PAYMENT TERMS
    6.1 a) SDE (BB) in the SSA will give the list of the working Broadband connections assigned to the
        concerned agency in coordination with the concerned SDE/DE (B.B). The free connections given
        by BSNL on complementary basis are to be excluded from the payment list. However the
        maintenance agency will attend to the complaints of such connections with the same response
        time.
         b) The payment shall be based on per connection per month basis Working number of
        connections on the last day of the month shall be taken for the payment in the next month.
        Contractor will submit bill monthly in duplicate according. However the contractor will have to
        maintain all connections.

    6.2) BSNL will pay 95% payment of running bill. Final payment will be released on completion of
        tender work.




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         MAINTANANCE OF BROADBAND CONNECTIONS IN KOTA SSA.
        .
      6.3)The Service Tax paid by BSNL shall be deposited to the Service Tax department
      (central excise) by maintenance agency and proof of deposit is to be submitted to
      BSNL authorities for CENVAT benefit purpose. The proof of deposit of service TAX
      should be submitted to BSNL with the bill of next month.
     6.4) Tax deduction at source (TDS) will be applied while making payment to
          Contractor as per rules.
     6.5) The BSNL shall have no liability or obligation for any State or Local Govt. Levies
          / Taxes for providing services by CONTRACTOR under this Agreement.
     6. 6) The bill for maintenance of BB connection will be submitted to SDE (Broad Band)
         on monthly basis. The SDE (Broad Band) will check the bill and verify as per
         documents and information given below.
          a.      Urban Area) A report from Call Center server indicating the date wise No. of
                  faults booked, No of faults attended with in 4 Hrs, No. of faults attended
                  between 4 to 8 Hrs, No. of faults attended between 8 to 12 Hrs No. of faults
                  attended after 12 Hrs.
          b.      Rural Area) A report from Call Center server indicating the date wise No. of
                  faults booked, No of faults attended with in 8 Hrs, No. of faults attended
                  between 8 to16 Hrs, No. of faults attended beyond 16 hours.
          c.      A report from DOTSOFT/ Commercial server regarding No. of Broadband
                  connections at the beginning of the month, No of disconnections in the
                  month.
                  SDE (Broad Band) will do a sample check of 0.5 % of total fault's
          d.      dockets during the month regarding comment/remarks of MA with
                  customer or customer's representative or customer satisfactory slip with MA.
          e       A certificate from each Divisional Engineer of the concerned area will be
                  taken and submitted with the bills by the Contractor that the Contractor
                  has extended full coordination function at MDF.
      6.7) The payment shall be based on per connection per month basis. Number of
      connections on the last day of the month shall be taken for payment in the next
      month
7.    Duration of Agreement and its extension
      The term of the agreement shall remain 1 year from the date of signing of the
      agreement unless revoked earlier for whatever reasons.BSNL may extend, if deemed expedient, the
      period of agreement by a maximum period of two years (one year at a time), suo-moto or upon
      request of the MA. The decision of BSNL shall be final in regard to the grant of extension. The
      extension shall be at mutually agreed terms & conditions. While granting extension, the
      performance of the MA and the prevailing market rates will be taken into consideration. The
      payment shall be as per Clause 6.0 (Section II) of tender document. Estimated Cost of work is
      for One Year only. .For extended period, the estimated cost shall increase/ decrease proportionally
8.    Modifications in the Terms and Conditions of Agreement
      The terms and conditions of the Agreement shall be subject to modification by mutual
      agreement based upon the request of either party. In case of no agreement
      being reached in such cases, BSNL reserves the right to terminate the agreement as
      per the relevant provisions of the contract.
9.
      Restrictions on 'Transfer of agreement'
      The MA shall not assign or transfer its right in any manner whatsoever under this agreement
      to a third party or enter into any agreement for sub-contracting and/or
      partnership relating to any subject matter of the agreement to any third party either in whole or
      in any part i.e. no sub-contracting/ partnership/ third party interest shall be created


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       MAINTANANCE OF BROADBAND CONNECTIONS IN KOTA SSA


10.   Suspension, Revocation or Termination of agreement
              a. BSNL reserves the right to terminate the agreement at any time during
                   the period of its execution, by giving a notice of at least one month in
                   advance. The effective date of surrender of agreement will be one month
                   counted from the date of receipt of such notice by the MA.
              b. Further, BSNL reserves the right to suspend the operation of the
                   contract, at any time, due to change in its own license conditions or
                   upon directions from the competent authorities. In such a situation,
                   BSNL shall not be responsible for any damage or loss caused or arisen
                   out of aforesaid action. Further, the suspension of the agreement will not
                   be a cause or ground for extension of the period of the agreement and
                   suspension period will be taken as period spent. During this period, no
                   charges for use of the facility of the MA shall be payable by BSNL.
              c. BSNL may, without prejudice to any other remedy available for the
                   breach of any conditions of agreement, by a written notice of ONE
                   month issued to the MA at its registered office, terminate this agreement
                   under any of the following circumstances:
                     1. The MA failing to perform any obligation(s) under the agreement;
                     2. The MA failing to rectify, within the time prescribed, any defect as
                           prescribed in the contract.
                     3. The MA Limited going into liquidation or ordered to be wound up
                           by competent authority.
                     4. If the performance of the MA is not found satisfactory.
              d. If the MA is wound up or goes into liquidation, it shall immediately (and
                   not more than a week) inform about occurrence of such event to BSNL in
                   writing. In that case, the written notice period can be modified by BSNL
                   as deemed fit under the circumstances. BSNL may either decide to issue a
                   termination notice or to continue the agreement by suitably
                   modifying the conditions, as it feels fit under the circumstances.
              e.It shall be the responsibility of the MA to maintain the agreed Quality of
                   Service, even during the period when the notice for
                   surrender/termination of agreement is pending.
              f. Breach of non-fulfillment of Agreement conditions may come to the
                   notice of BSNL through complaints or as a result of the regular
                   monitoring. Wherever considered appropriate, BSNL may conduct an
                   inquiry either suo-moto or on complaint to determine whether there has
                   been any breach in compliance of the terms and conditions of the
                   agreement by the MA or not. The MA shall extend all reasonable
                   facilities and shall endeavor to remove the hindrance of every type upon
                   such inquiry.

11.   Actions pursuant to Termination of Agreement
       Notwithstanding any other rights and remedies provided elsewhere in the
       agreement, upon termination of this agreement:
      1. Neither Party shall represent the Other Party in any of its dealings.
      2. Neither Party shall intentionally nor otherwise commit any act(s) as would keep a
          third party to believe that the other Party is still the former Party's service
          provider, as the case may be.



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       3. Each party shall stop using the other Party's name, trademark, etc., in any audio
           or visual form.
       4. The expiration or termination of the Agreement for any reason whatsoever shall
           not effect any obligation of either Party having accrued under the Agreement
           prior to the expiration of termination of the Agreement such expiration or
           termination shall be without prejudice to any liabilities of either Party to the other
           Party existing at the date of expiration or termination of the Agreement.
12.    Confidentiality of information
        Subject to conditions contained in this Agreement, the Contractor shall take all
       necessary steps to safeguard the privacy and confidentiality of any information about
       BSNL and its subscribers from whom it has acquired such information by virtue of
       the Service provided and shall use its best endeavors to secure that:
        a) No person acting on behalf of the Contractor or the Contractor himself
              divulges or uses any such information except as may be necessary in the course
              of marketing of BSNL Services as mentioned in Annexure and
        b) No person seeks such information other than is necessary for the purpose of
              marketing of BSNL Services as mentioned in Annexure .


        Provided, the above para shall not apply where BSNL has consented in writing to
             such information being divulged or used, and such information is divulged or
             used in accordance with the terms of that consent; or the information is
             already open to the public.
12.1    The Contractor shall take necessary steps to ensure that the Contractor himself /
        herself and any person(s) acting on its behalf observe confidentiality of customer
        information.
12.2    The Contractor shall, prior to commencement of this agreement, confirm in writing to
        BSNL that The Contractor has taken all necessary steps to ensure that it and its
        employees shall observe confidentiality of customer information.
12.3    This clause shall survive the termination or expiry of this Agreement.




             Signature of tenderer & seal                                    Page 16 o f 34
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SECTION - III


                    SPECIAL CONDITIONS OF THE CONTRACT
SCOPE OF WORK

     1.         Broadband faults are being booked on BSNL Call Centre/Other local number
                allotted/Local sectional officer/any other BSNL Officer of this SSA , A docket of
                Broadband fault is generated at Call Centre mentioning the time of Booking etc.
     2.         A Call Center Node will be provided to Contractor at his premises or BSNL
                premises depending upon availability of space and depending upon technical
                feasibility.
                Initial testing for faults booked at the BSNL Call centre/ FRS shall be carried out by
     3.         BSNL team. In case the telephone connection is not working, the faults will be made
                over to the outdoor. Also in those cases when the DSLAM is down, the faults will be
                made over to concerned designated BSNL official. Only for those complaints where
                both the telephone and DSLAM are working but the complaint is related to working
                of Broadband, the docket will be transferred to MA by the call centre/FRS.
    .
     44.         The BSNL Call Centre Agent will clear the after verification or forward the
                fault to concerned section as per report of contractor.

     5.         The MA should normally contact the customer immediately. The response cum
                rectification time shall be within 4 Hrs.
                The MA will take action on the fault and within the prescribed time, send the report
                to BSNL call centre / FRS through the call centre / FRS node or an email address
                in case BSNL node is not working otherwise penalty will be applied as
                prescribed.

     6.         In case of visit by Maintenance agency's field personnel at BSNL subscriber
                premises, a service report/ slip will be filled by the person and verified by the
                customer. The counter foil or original report will be with the Maintenance agency
                which can be asked by BSNL if required during inspection of the Maintenance
                agency's office. This slip in no case will be required for payment claim.

     7.         The Maintenance agency will not take money from the customer on any pretext. If
                any complaint is received, it will be viewed seriously and might result in termination of
                the contract if the veracity of the same is established.
                The BSNL call centre agent/FRS will clear the fault after verification or forward the
                fault to concerned section as per report of the MA.

     8.    Structure of the Maintenance Agency :
           8.1.1 In order to execute the assigned work efficiently, the Maintenance
                 agency shall necessarily have the following structure:
           8.1.2 Field team to visit the Customer and attend to the problem. The Maintenance
                agency should employ sufficient field staff to ensure that the fault clearance is
                within norms.
           8.1.3 Coordination team to coordinate with outdoor, main distribution frame (MDF)
                 for line testing or rectification password reset etc.
           8.1.4 Agency Coordinator at National Internet Backbone (NIB) for coordination
                 with NIB for password issues etc.


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9.           Activities to be executed by Maintenance Agency
             The Maintenance agency will be responsible for the following activities at
             Subscriber premises:
            Rectification of the Broadband fault in subscriber's premises. The faults to be
            rectified by the Maintenance agency are generally of the following type:
       (i)         Broadband Modem configuration
       (ii)        Broadband Modem fault. For such case following will be the procedure
               (a)           Whether customer owned/ rental modem will be made known to
                             the Maintenance agency.
               (b)           For customer owned Modem, the agency should show the
                             working with the test modem available and offer to customer to
                             replace with BSNL modem from imprest stock.
               (c)           In such cases after providing the BSNL modem, the field person
                             should get the necessary form filled in either for purchase or
                             rental basis.
               (d)           The Maintenance agency will submit the form to the concerned
                             BSNL section (Sub Division) for regularizing the replacement with
                             BSNL modem.
               (e)           In case of modem under warranty/ rented modem, it should be
                             replaced with the imprest modem and faulty modem should be
                             replenished to the concerned outdoor section. The concerned
                             outdoor section will make the entry of modem type and serial
                             number against the complaint number.
       (iii)        Configuration in the customer's computer for Broadband connectivity. If the
                   agency's staff finds any problem in Customer's PC, then he/ she will show the
                   working of the Broadband connection at the customer's premises
                   by connecting his / her own Laptop on the subscriber's line. After
                   successful demonstration he/ she should convince the customer regarding the
                   PC fault.
       (iv)        Minor line fault in subscriber's premises shall be attended by the MA like
                   improper connections at the splitter.
       (v)          In case of customer forgetting the password, the agency's personnel will
                   contact the NIB (BSNL team) and get the password reset.
10. Action in case of fault in Outdoor (Poor line condition)/ NIB or concealed wiring fault
         10.1 If the problem is identified as an outdoor (due to poor line conditions)/
                    NIB problem, the same will be forwarded by the Maintenance agency to
                    BSNL call centre/ FRS. The call centre agent will transfer the docket to
                    the concerned section.
            10.2 After rectification of the outdoor/ NIB fault by BSNL team, the
                  Maintenance agency shall ensure that the Broadband is working.
          10.3 It may happen that even after rectification of fault by the NIB or outdoor,
                 the customer needs some configuration. ln that case, the fault will be made
                 over to the MA by BSNL call centre as a new fault. There can be some
                 exception when fault with customer remains for more than 4 Hrs. e.g.
                 subscriber premises is locked or the actual user of Broadband service is not
                 available at the premises so other members don't allow




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                           entry or in case of electricity failure. In such a case, the MA may submit
                           some document (e.g. Slip from neighbor, attendant, subscriber, report of
                           lineman/ TM etc.) to justify his claim to avoid penalty.
                  10.4     For any concealed wiring fault, as far as possible, the Maintenance agency
                           personnel should carry out thorough testing at the entry point using his
                           laptop before declaring the concealed wiring fault and convince the
                           customer. In multi-storey buildings, the concerned lineman of BSNL will
                           associate with the MA personnel for identifying the cable pair.

   11     Customer Education
          (a) In every field visit, it will be mandatory on part of the Maintenance
                personnel to show the customer, the procedure to check the usage, change
                password etc., to give contact details on sticker / visiting card etc. If the customer
                agrees, he is also supposed to create the PPPoE, dialer. Also the Maintenance
                agency field personnel is supposed to take the feedback form signed by the
                customer (as per the format to be supplied by BSNL). All these forms should be
                centrally submitted to respective BSNL office. If customer is not available at the
                premises, the service personnel should leave a note with contact details such as
                name or ID and mobile number to enable the customer to contact subsequently

     12 Persuasion to Bring back the customer
         12.1.1 BSNL will give information to the Maintenance agency about the cases of
                voluntary Broadband disconnection and also the telephone numbers of those
                broadband connections which are under DNP. Maintenance agency will try to
                persuade the subscriber for reconnection and restoration from DNP, as the
                case may be.
        12.1.2 The Maintenance agency also needs to visit, if required, the customer premises of
               Broadband customers who have applied for disconnection in order to pursue them
               to bring back to service. The list will be given to the Maintenance agency from the
               concerned BSNL section and the customer needs to be contacted within 24 hours
               for persuasion to restore the services. For the reasons such as repeat
               complaints etc, the agency should coordinate with NIB, concerned BSNL office,
               or outdoor teams for resolving the customer complaints promptly.

13 Maintenance Kit for the field personnel
             13.1 The Maintenance agency shall provide one Maintenance kit to each field
                    personnel, which should include one set of all modems, Splitter, RJ-l1,
                    RJ-45 cords, Drivers, CDs etc. Maintenance kit shall be supplied by
                    concerned Divisional office of BSNL.
             13.2 The Maintenance agency shall provide Laptop with related software to its
                    field personnel.
             13.3 The field personnel of the Maintenance agency shall have two wheeler,
                    identity card and BSNL Mobile (GSM or WLL). This will help them to
                    resolve the complaints quickly.
             13.4 The spares shall be issued by BSNI for Broadband Maintenance work, and it is
                    clarified (a) that BSNL shall not be liable for any loss, pilferage or




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                        damage to the goods stored and the safety of the merchandise shall be
                        the entire responsibility of the Maintenance Agency (b) that the
                        Maintenance Agency shall not have authority to sell, store or in any way
                        dispose of the merchandise except as provided in this agreement. (c) The
                        Maintenance Agency shall conduct business on behalf of BSNL, while
                        they are in the premises of a customer in the proper and upright way. In the
                        event of any complaint by the customer the agreement can be
                        terminated.
                  13.5 All facilities (except Call centre/FRS Node), premises required for the
                      Maintenance of Broadband connections will be entirely at Maintenance
                      Agency's cost and BSNL will not bear the cost incurred under any
                      circumstances. The Maintenance agency shall use its best efforts actively to
                      maintain the services and always act in the interest of BSNL and its
                      subscribers.
                 13.6 After award of the contract, the Maintenance agency (MA) should
                       ensure that it is in possession of at least 2 laptops per 2,500 broadband
                       connections or part thereof for the purpose of successful execution of the
                       project.
                 13.7 BSNL may arrange /impart basic training for the staff of the MA from
                        time to time so that their skill-set is honed for delivering better
                        performance and customer satisfaction.

14 Time duration for the rectification of the Fault
               14.1 The time duration taken by the Maintenance agency to attend /rectify the
                       fault will be as per the call centre/ FRS report. SDE (Broad Band) will
                       check it and verify for the purpose of bill verification / certification. The bill
                       will be submitted by the Maintenance agency to a nodal SDE (Broad
                       Band) / any designated official as decided by SSA Head.
               14.2 MA shall contact the customer immediately on receipt of complaints.
                       The response cum Rectification time is 4 Hrs.
               14.3 The time duration between 10:00 Hrs and 20:00 Hrs will be counted
                       only for the purpose of calculating the AFH (Average Fault Hours). The
                       time between 20:00 Hrs and 10:00 Hrs will be counted as Zero hours for
                       the purpose.
               14.4 For all the faults booked between 20:00 Hrs to 10:00 Hrs, the time
                       counter for rectification will start from 10:00 Hrs for visiting the customer
                       premises.
               14.5 The fault occurrence due to Line/ cable fault or due to DSLAM/ NOC
                       problem would not be counted for the purpose of Average Fault Hours
                       (AFH).




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15 Deployment of field personnel by Maintenance Agency
    15.1 The Maintenance agency should deploy sufficient persons in the field based on the
         broadband connections allotted to him so that the fault clearance is as prescribed in the
         agreement. The requirement of number of persons required in the field will be reviewed
         quarterly and if necessary, the vendor has to increase the number of persons to meet the
         criterion of 4 hours fault rectification period.
    15.2 All the field staff of the agency (whose credentials are certified in writing by the head of
         the agency) will be provided with Identity Cards signed by respective SDE/DE(B.B) It will
         be the responsibility of agency to intimate the SDE/DE(B.B) office about any personnel
         joining /quitting his firm and return the sealed identity card of the individual who quits.
         For all the actions of field persons in the customer premises, the agency will be
         responsible legally. Financially, etc.
   15.3 The MA shall be fully responsible for the employment or payment of wages to its
         employees and shall fully comply with all laws, rules, regulations, notifications,
         directions orders etc. of the Gol4. whether Central, State, Local or Municipal relating to
         such employment, payment of wages etc. and all others matter connected therewith
         and hereby indemnifies and agrees to continue indemnifying BSNL in this regard.
16 Selection of Mtce. Agency (MA)

     16.1 MAs may be selection through open tender process at SSA level. SSA heads at their
          discretion may divide the area into multiple parts/zones to allocate the work to various MAs
          for smooth maintenance of Broadband services. The division of territory will be based on
          geographical area, Broadband density, potential of expansion etc. but may be limited to
          around 10,000 Broadband connections per Zone/area. The SSA head may award the work
          to one MA in more than one area depending upon results of competitive bidding.
     16.2 Schedule of requirement may be given on the basis of the working connections and
          projected growth in one year in that Area/Zone.
     16.3 In financial Bid, rates for maintenance of broadband connection may be called area/Zone
          wise and shall be quoted the basis of per working connection per month.

17    The Contractor shall open his office for Broadband faults. The office shall remain
      operational for 08:00 Hrs to 20:00 Hrs with no holiday.
18    It is specifically agreed by the Contractor that it shall, at no point of time, use the BSNL
      name, logo, space and services under this agreement for any other services than the
      mentioned services in annexure, unless agreed between the parties in writing .
19    The Contractor shall maintain at its own cost organization / premises for the Broadband
      works. The Contractor shall use its best efforts actively to maintain the services and
      always act in the interest of BSNL and its subscribers.
20    The contractor will also be eligible for booking of BSNL service and will be eligible for
      commission similar to that of DSA.

21 BSNL will give information to contractor about the case of as voluntary BB disconnection
    application, BB connection which the telephone numbers which are being done DNP.
    Contractor will try avoiding BB disconnection and restoration from DNP.




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 22 Since it is expected that the work by contractor will result in improvement of services and
    so there will be reduction of disconnection cases which are due to unsatisfactory service. It
    is assumed that 20% disconnection can be avoided after improvement of services. Hence
    the number of BB disconnection should decrease after the Award of work. Since the affect
    may not be visible in first two month, so effect on BB disconnection decreasing should be
                    rd
    visible from 3 month. Suppose the average disconnections for last six months before
    award of work were 100 per month then disconnection should be equal to or less than 80
    per month from third month i.e. Reductions are 20% less than previous six monthly
    average. The rate of reduction should be maintained throughout the period of contract.
    This is explained below.
    Suppose the No. of connections in the area under contract was X Suppose
    the number of disconnections were Y
    Disconnection rate in % will be Z1 = Y1*100/X1
    Average disconnection rate for six months D =(Z1+Z2+Z3+Z4+Z5+Z6) /6 The
    disconnection rate should become 0.8D
    The maximum disconnection rate will be 0.8D in the remaining period of contract.
    The rate of disconnection, which should not be exceeded, will be defined at the starting of
    the work.
    The list of customers who have applied for disconnection and list of customers who are
    likely to be disconnected due to non-payment will be given by BSNL.
    This will normally be consolidated and given by SDE (Call Center)/SDE(BB) KOTA.
    If the disconnection rate is not reduced than penalty as given below will be applicable
 a.        Penalty of 1.5 % of monthly bill if disconnection is 0.8D to 0.9D only.
 b.        Penalty of 3 % of monthly bill if disconnection is above 0.9D and below 1.05D.
 c.        Penalty of 5 % of monthly bill if disconnection is above 1.05 D and below 1.1D only.
 d.        Penalty of 10 % of monthly bill if disconnection is above 1.1 D only.
                  The maximum penalty will be 10%.


  23. Disconnections of free trial BB connections will not be considered in average
      disconnection per month.

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




Signature of tenderer & seal                                               Page 22 o f 34
MAINTANANCE OF BROADBAND CONNECTIONS IN KOTA SSA ..



                                                                                           SECTION - IV


                      Price schedule (Consolidated) & BID Form
NIT No S-8/ TENDER/GMTD/ KOTA/BB-AMC/ 2010-11/1                                                Dated 26.05.2010

Sub: - Tender for MAINTANANCE OF BROADBAND CONNECTIONS IN KOTA SSA.

Tender No. S-8/ TENDER/GMTD/ KOTA/BB-AMC/ 2010-11/1                                            Dated 26.05.2010

Name of Area                 : SECTION I, SECTION II, SECTION III


The estimated rate for Maintenance per BB connection per month is Rs. 20 (Twenty Rupees only). I/we agree
to do MAINTANANCE OF BROADBAND CONNECTIONS IN KOTA SSA . in
the above mentioned area as per the terms and condition of tender document at the rate given below:-

                                                                                      Quote
                                                                             (In figure)        (In words)


   a. % above the estimated rate
          of Rs. 20 per month per connection(Maintenance)                    ..           ..
   b. % below the estimated rate

          of Rs. 20 per month per connection(Maintenance)                    .            

   c. AT PAR the estimated rate
          of Rs. 20 per month per connection(Maintenance)
                                                                             .            

(Please mark 'X' for the row, which is not quoted)
Note:
        1. The rates quoted include all taxes, levies, octroi, tolls etc. except service tax.
        2. Rates shall be quoted in figures and words without any ambiguity.
        3. Service Tax will be paid extra if applicable.


Date:                                                                       Signature of bidder
                                                                             Name & Designation
Place:                                                                              Stamp




            Signature of tenderer & seal                                                    Page 23 o f 34
MAINTANANCE OF BROADBAND CONNECTIONS IN KOTA SSA ..


                                                     BID FORM

  From:

  To, ……………………………………………
   The General Manager Telecom
   District, BSNL KOTA
   NIT No.: S-8/ TENDER/GMTD/ KOTA/BB-AMC/ 2010-11/1                                          Dated 26.05.2010

   Sub: Maintenance of Broadband Connections in Kota SSA

               With reference to your tender Notice No. : S-8/ TENDER/GMTD/ KOTA/BB-AMC/ 2010-11/ 1
     Dated 26- 04-10 at Kota the. calling for tender on the above subject. I have read & understood the tender
document thoroughly & agree to all the terms & conditions. I / We hereby offer my / our bid as per documents
submitted & conditions as mentioned in the tender document and the rates specified in the schedule enclosed.

                    Should this tender be accepted either fully or in parts, I / We hereby agree to abide by
          and fulfill all the terms and conditions of the contract hereafter as applicable, or in default thereof
          forfeit to and pay to the BSNL, Kota or his successors in office, the sum of money mentioned in
          the said conditions without prejudice.
          The sum of Rs. ../- (In words rupee .. only) is deposited by DD. towards Earnest money and
          DD receipt No.  dated .. Bank Name ..
          is enclosed. I / We also agree to pay Security Deposit as and when called for within 15 days.
                    If, I / We fail to carry out the work according to the specification given in the schedule, the
          entire money (Earnest and security deposit) may be forfeited without prejudice to any other right
          or remedies of the BSNL, Kota or his successors in the office.


                                                                                              Yours faithfully
          Place Date
                                                                                                  Signature
                                                                                                Full Address
          Witness
          Name
          Address.




Signature of tenderer & seal                                                               Page 24 o f 34
                                  MAINTANANCE OF BROADBAND CONNECTIONS IN KOTA SSA

                                                                                            ANNEXURE “A”
                              INFORMATION ABOUT TENDERER
                     (TO BE FURNISHED AND RETURNED BY TENDERER)



1. Full name of the firm

    (In capital letters)             -------------------------------------

2. Firm address                     : -------------------------------------
                                      --------------------------------------

3. (A) Telephone No.                : Off ------------ Res. --------------- : -----
   (B) Fax No.                      ---------------------------------
   (C) Mobile No.                   : --------------------------------------

4. Is the firm proprietary          : ------------------------------------
 /Partnership/Ltd./Pvt. Ltd.:

5.Names of Proprietor or            : -------------------------------------
 Partners/Directors

6. Brief description of             : -------------------------------------
  work carried out by the             ------------------------------------- -------
  firm in last five years             ------------------------------
  with name of clients,
  nature and value of work
  done for each.
  (Please attach extra
  sheet if necessary)

7. Is the firm registered      : -------------------------------------
  with any Government/           -------------------------------------
  semi government undertakings
  If so furnish details of
  registration.


8. Has the firm been                : -------------------------------------
  black listed                        -------------------------------------
  by any organization,                -------------------------------------
  if so attach the details
  of the same.
9. PAN NO                    .      : -------------------------------------
10. Service Tax Reg. No      : .
11. EPF Registration No             :. .
       I hereby certify that the above-mentioned particulars are true and correct.
                                                                                      Signature of Tenderer




Signature of Tenderer                                                                          Page 25 o f 34
                  MAINTANANCE OF BROADBAND CONNECTIONS IN KOTA SSA ..




                                                                                                                    ANNEXURE "B"


                                                 BID SECURITY FORM

Whereas .................................. (hereinafter called "the Bidder") has submitted its bid dated ............ for
....................................... vide Tender No.  dated ............ KNOW ALL MEN by these presents that WE
....................... of .................... having our registered office at ................. (hereinafter called "the Bank") are bound
unto Bharat Sanchar Nigam Limited (hereinafter called "the Purchaser") in the sum of Rs. .................... for which
payment will and truly to be made of the said Purchaser, the Bank binds itself, its successors and assigns by these
present.

THE CONDITIONS of the obligation are :

1.      If the Bidder withdraws his bid during the period of bid validity specified by the Bidder on the Bid
form or

2.       If the Bidder, having been notified of the acceptance of his bid by the Purchaser during the period of bid
validity

          (a)       fails or refuses to execute the Contract, if required; or

          (a)     fails or refuses to furnish the Performance Security, in accordance with the tender
          conditions.

We undertake to pay to the Purchaser up to the above amount upon receipt of its first written demand, without the
purchaser having to substantiate its demand, provided that in its demand, the purchaser will note that the amount
claimed by it is due to it owning to the occurrence of one or both of the two conditions, specifying the occurred
condition or conditions.

This guarantee will remain in force till  (as specified in clauses 2.1 of section II of the Bid Document) up to and including
THIRTY (30) days after the Period of bid validity and any demand in respect thereof should reach the Bank not later
than the specified date/dates.



                                                                        Signature of the Bank Authority          .

                                                                        Name                                     .

                                                                        Signed in Capacity of                    .


Name & Signature of witness              .                       Full address of Branch                   .

Address of witness                       .                       Tel No. of Branch                        .

                                                             Fax No. of Branch                        .

                                                                   ****




Signature of tenderer & seal                                                                                 Page 26 o f 34
                   MAINTANANCE OF BROADBAND CONNECTIONS IN KOTA SSA ..



                                                                                                                     ANNEXURE "C"
                               PERFORMANCE SECURITY GUARANTEE BOND
In consideration of the GMTD, BSNL, Kota (hereinafter called 'BSNL') having agreed to exempt ___________________ (hereinafter
called 'the said contractor(s)') from the demand under the terms and conditions of an agreement/Advance Work Order No.
________________ dated ____________ made between _____________________ and __________________ for the supply of
_______________________ (hereinafter called "the said agreement"), of security deposit for the due fulfillment by the said
contractor(s) of the terms and conditions contained in the said Agreement, on production of the bank guarantee for
____________________________ we, (name of the bank) _________________________ (hereinafter refer to as "the bank") at the
request of __________________________________ (contractor(s)) do hereby undertake to pay to the BSNL an amount not exceeding
___________________ against any loss or damage caused to or suffered or would be caused to or suffered by BSNL by reason of any
breach by the said Contractor(s) of any of the terms or conditions contained in the said Agreement.

2.       We (name of the bank) ____________________ do hereby undertake to pay the amounts due and payable under this guarantee
without any demure, merely on a demand from the BSNL by reason of breach by the said contractor(s)' of any of the terms or
conditions contained in the said Agreement or by reason of the contractors(s)' failure to perform the said Agreement. Any such demand
made on the bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee where the decision of
BSNL in these counts shall be final and binding on the bank. However, our liability under this guarantee shall be restricted to an amount not
exceeding ___________________________________.

3.            We undertake to pay to the BSNL any money so demanded notwithstanding any dispute or disputes raised by the
contractor(s)/contractor(s) in any suit or proceeding pending before any court or tribunal relating thereto our liability under this present
being absolute and unequivocal. The payment so made by us under this bond shall be valid discharge of our liability for payment there
under and the contractor(s)/contractor(s) shall have no claim against us for making such payment.

4.        We (name of the bank) _________________________ further agree that the guarantee herein contained shall remain in full
force and effect during the period that would be taken for the performance of the said agreement and that it shall continue to be
enforceable till all the dues of the BSNL under or by virtue of the said Agreement have been fully paid and its claims satisfied or
discharged or till ________________________ (office/Department) BSNL certifies that the terms and conditions of the said Agreement
have been fully or properly carried out by the said contractor(s) and accordingly discharges this guarantee. Unless a demand or claim
under this guarantee is made on us in writing on or before the expiry of ________________ (period as specified in P.O.) from the date
hereof, we shall be discharged from all liabilities under this guarantee thereafter.

5.        We (name of the bank) _________________________ further agree with the BSNL that the BSNL shall have the fullest liberty
without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said
Agreement or to extend time of performance by the said contractor(s) from time to time or to postpone for any time or from time to time
any of the powers exercisable by the BSNL against the said Contractor(s) and to forbear or enforce any of the terms and conditions
relating to the said agreement and we shall not be relieved from our liability by reason of any such variation, or extension being granted
to the said Contractor(s) or for any forbearance, act or omission on the part of the BSNL or any indulgence by the BSNL to the said
Contractor(s) or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have
effect of so relieving us.

6.        This guarantee will not be discharged due to the change in the constitution of the Bank or the Contractor(s)/contractor(s).

7.        We (name of the bank) ____________________ lastly undertake not to revoke this guarantee during its currency except with
the previous consent of the BSNL in writing.



          Dated the ________________ day of _______

          for __________________________________
                                        (Indicate the name of bank)




                                                                    ****




Signature of tenderer & seal                                                                                   Page 27 o f 34
                   MAINTANANCE OF BROADBAND CONNECTIONS IN KOTA SSA ..



                                                                                                             ANNEXURE "D"



                    LETTER OF AUTHORISATION FOR ATTENDING BID OPENING
                                     (To reach DE(PLG.) before the date/time of bid opening)


To

      DE(PLG.)
      O/o GMTD BSNL
      Jhalawar Road, Kota


Subject : Authorization for attending bid opening on ______________________________ in the Tender of
             ____________________________________________________.


        Following persons are hereby authorised to attend the bid opening for the tender mentioned above on behalf of
______________________________________________ (Bidder) in order of preference given below.


Order of Preference                     Name                                   Specimen Signatures

I.

II.

Alternate
Representative



Signatures of bidder
             or
Officer authorized to sign the Bid
Documents on behalf of the Bidder.


Note : 1.        Maximum of two representatives will be permitted to attend bid opening. In cases where it is restricted to one,
                 first preference will be allowed. Alternate representative will be permitted when regular representatives
                 are not able to attend.

        2.       Permission for entry to the hall where bids are opened may be refused in case authorization as prescribed above is
                 not received.




Signature of tenderer & seal                                                                           Page 28 o f 34
                 MAINTANANCE OF BROADBAND CONNECTIONS IN KOTA SSA ..


                                                                                          ANNEXURE "E"


         Format for declaration regarding Telecom service / license

I / We  [Name of the authorized signatory] declare
th a t      my        /        our    firm   /    company           /     SBO       /       Agency        viz.
 (Name of the firm / company / SBO / Agency),
who have submitted their bid in tender No.       S-8/ TENDER/GMTD/ KOTA/BB-AMC/ 2010-11/1    Dated 26.05.2010

at Kota the . floated by GMTD (BSNL), Kota for manning of Call Centre, is neither
registered / authorized for providing any telecom service like Mobile / Land-line / Internet etc.
nor holding any license for the same, anywhere in the country.



I / We understood that if the above declaration is found incorrect or false, our bid shall be cancelled

and the EMD / Bid security deposited by us shall be forfeited.




Signature                            : ..

Date                                 : .

Name and full address                : .

Capacity in which signed             : .

Name of the bidder                   : 
(Company / Firm / SBO / Agency)

Stamp                                : 




Signature of tenderer & seal                                                        Page 29 o f 34
                MAINTANANCE OF BROADBAND CONNECTIONS IN KOTA SSA ..


                                                                                              ANNEXURE "F"




                      PROFORMA FOR DECLARATION BY TENDERER



         I/we .. ..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 take any action as deemed fit/ without prior intimation to me.



                                                 Signature & seal of tenderer
                                                 Name & full Address of the tenderer.
                                                 
                                                 
                                                 
                                                 .



Witnesses
1. Signature
Name & Address



2. Signature
Name & Address



Note:-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. BSNL will not pay any damages to the company or firm or the concerned person. The
company or firm or the person will also be debarred for further participation in the concerned unit.




Signature of tenderer & seal                                                            Page 30 o f 34
                MAINTANANCE OF BROADBAND CONNECTIONS IN KOTA SSA ..

                                                                                   Annexure-"G"




  Note: This Format is Sample and may be modified as & when needed




Signature of tenderer & seal                                               Page 31 o f 34
                MAINTANANCE OF BROADBAND CONNECTIONS IN KOTA SSA ..


                                                                                   Annexure-H
                                         Undertaking
Work order No.-Dated.....

Invoice no : ------------------------------------ Dated--------------------------------

I/We , . of Company / Firm of M/s 
hereby certify that:

    1. I/We strictly followed all rules & regulations under contract labour Act-1970 and
        contract labour (Regulation and Abolition) Central rule 1971 during currency of
        tender.
    2. I/We shall be personally held responsible for default of non-payment to labours /
        manpower engaged to complete of work.
    3. I/We ensured the strict compliance of various labour provisions of these labour
        laws:

         a)   Workmen's Compensation Act 1923.
         b)   Employees Provident Fund Act 1952.
         c)   Maternity benefit Act 1961. Minimum
         d)   Minimum wages Act 1948.
         e)   Payment of gratuity Act 1972.
         f)   Equal remuneration Act 1976
         g)   Any other Act, if applicable

I/We further undertake to abide by the terms and conditions of the contract and any
lapse/failure to maintain these provisions shall be my personal liability and the
Principle employer shall be free from any liability on this account.


                                                                     Authorized Signatory




Signature of tenderer & seal                                                    Page 32 o f 34
                MAINTANANCE OF BROADBAND CONNECTIONS IN KOTA SSA ..


                                                                                                 Annexure-I

                                           Undertaking



             I/we . Company / Firm of M/Shave
             minimum of two qualified persons with BE/ Diploma or equivalent and shall remain
             associated with the Firm/Company till completion of contract period.




                                                                         Authorized Signatory




Signature of tenderer & seal                                                        Page 33 o f 34
                MAINTANANCE OF BROADBAND CONNECTIONS IN KOTA SSA ..


                                                                                                Annexure- J




                                             Declaration


             I/we . Company / Firm of M/Shave not
             defaulted/black listed in any of the earlier BSNL tenders. Also declared that our firm /
             Company not run by any person, who was involved with another agency which has
             defaulted/black listed or not executed the works in earlier BSNL tenders.




                                                                          Authorized Signatory




Signature of tenderer & seal                                                         Page 34 o f 34

				
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