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No. PLG/CP/STD/T-50,/Horizontal Boring by HDD/Surat Urban/11-12 Dated 23.10.2011.

Form Fee Rs. 2084/-(Rupees Two Thousand Eighty Four only )

BHARAT SANCHAR NIGAM LIMITED

(A GOVT. OF INDIA ENERPRISE)O/o Pr. General Manager Telecom District.

Door Sanchar Bhavan, 4TH Floor,Karimabad, Ghod dod Road

Surat-395001.

BID DOCUMENT

(QUALIFYING)

TENDER DOCUMENT FORTRENCHLESS DIGGING BY HDD METHOD & EXCAVATION OF TRENCH OF O.F. CABLE

& ALLIED WORKS

FOR MOBILE SITES , COMMERCIALLY IMPORTANT CUSTOMERS & GSM BTS RING IN

URBAN AREA OF SURAT SSA.

TENDER NO. T-50 /CP /STD /11-12

TENDER SURAT URBAN AREA OFC WORK

IN KM.

TENDER

No.

T-50 / 11 -12

OFC forGSM BTS

& CIC

Area of D.E.(Extl) MARKET 10.55

Area of D.E. (Extl) KARIMABAD 9.55

Area of D.E.(Extl) MDH /VCH /

V.DEVDI

16.55

Area of D.E. (Extl) RAMNAGAR 12.45OFC for

BTS RingGSM BTS Ring 7.887

Grand Total OFC work in Kms 56.987

ACG-67 Receipt No/ Date/Amt. Paid Rs. :

To :-

M/S ______________________________________

______________________________________

______________________________________

Phone (O)______________ (Res) __________________

ASSISTANT GENERAL MANAGER ( CP )

O/o PRINCIPAL GENERAL MANEGER TELECOM DISTRICT

4TH FLOOR,DOOR SANCHAR BHAVAN,GHOD DOD ROAD

SURAT T. No. 0261- 2243300/ 2242700

Free tenders for Optical Fiber Cable by Bharat Sanchar Nigam Limited-5656024001

Visit-http://tenders.indiamart.com/
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No.PLG/ CP/STD /T-50/Horizontal Boring by HDD/Surat Urban/11-12 dtd 23.10.2011.

TABLE OF CONTENTS

Section Part A Content Page No.

I Notice Inviting Tender 3- 5

II Bid Form 6

III (Part-I)Bidders Profile and (Part-II)Certificate of near relatives &

blacklisting of Firm

7-10

IV Instruction to Bidders 11-22

V General (Commercial) Conditions of the Contract 23-41

VI Special Conditions of Contract 42-52

VII Scope of work and Jurisdiction of Contract 53-54

VIII Construction Specifications 55-60

IX Declaration 61

X Engineering Instructions 62-63

XI Material Security Bond Form 64

XII Agreement Form 65-66

XIII Letter of Authorization for attending Bid Opening 67

XIV List of documents to be Submitted along with qualifying Bid 68

XV Rates of Empty Cable Drums 69

APPENDIX 70-74

XIIIC Estimated Quantum of work 75

Advance Stamp Receipt 76-78

Mandate form for E-Payment 79-80

XVI Part B FINANCIAL BID 81

XVII Schedule of Rates 82-83

XVIII FINANCIAL BID 84



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BHARAT SANCHAR NIGAM LIMITED(A Government of India Enterprise)

O/o Pr. GMTD Door Sanchar Bhavan,4TH Floor,Karimabad, Ghod dod Road Surat-395001.

Section -I

Notice Inviting TenderTender for Trenchless digging by HDD method & Excavation of trench of OF cable & allied works

in SURAT SSA / 2011-12.

No.:PLG/CP/OFC TENDER/ T-50/ HDD/URBAN/11-12/ 37 Dtd at Surat the 23.10.2011.

Properly sealed tenders (Packing PVC tape/Sealing wax) are invited for and on behalf ofPGMTD Surat from the contractor having experience in CABLE / UG/OFC Cabletrenching work with HDD method as per Eligibility Requirement of the Tender.

1. Name of work :-Trench less digging by HDD method /Excavation of Trench ofOptical Fibre Cable & Allied works for Mobile Sites , CommerciallyImportant Customers & GSM BTS Ring for Urban Area of Surat SSAfor the Year 2011-12.

2.. Area of contract : Urban Area of Surat SSA. as per Annexure- A3. Mode of Payment: Tender document can be purchased by paying cost of bid document

by Account Payee Demand Draft issued by a scheduled/Nationalized bank, drawn infavour of Accounts Officer (Cash),BSNL, O/o Pr.GMTD Suratpayable at Surat. Bid

Security is to be paid in the form of Account Payee Demand Draft issued by a scheduled/Nationalized bank, drawn in favour of Accounts Officer (Cash), BSNL, O/o, Pr GMTDSuratpayable at Surat

1. Tender document containing detaileddescription of work & Terms &conditions can be had from

AGM (CP) O/O Pr. GMTD Door Sanchar Bhavan, 4TH

Floor, Karimabad, Ghod dod Building Surat-395001.

2. Sale of tender documents Between 11.00 Hrs. to 16.00 Hrs. Up to 15.11.2011(on all working days)

3. Time and last date of submission of Bid Upto 14.30 Hrs. on 16.11.2011..

4. Venue AGM (CP) O/o Pr. GMTD Surat.

5. Time & date of Qualifying Bid opening At 15.00 Hrs. on 16.11.2011.

6. Tender document can also be sentthrough.

Registered Post/Speed Post on or before theclosing (date & time) of Bid.

The tender, which is not accompanied by the requisite Bid Security, shall be summarilyrejected. Tender will not be accepted / received after expiry of date and time. Pr. GMTD Suratreserves the right to reject any or all tenders without assigning any reason what so ever.



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ANNEXURE-AArea of Contract Surat SSA (Urban)

oArea of work of D.E. Extl.(Jurisdiction) OFC work for MobileSites/ CICs in Surat Urban.

Route inkm. (Appx)by HDDMethod

Estimatedcost of work

in Rs.

Amt. ofEMD in

Rs.

Cost of Biddocument

(Non-refundable)

in Rs.D.E.(Extl.) Urban :-

1. Market

10.55

98,91,000/-

(Rupees

Ninety Eight

Lakhs Ninety

One

Thousandonly)

2,47,275/-

(Rupees

Two Lakhs

Forty Seven

Thousand

Two

Hundred

Seventy

Five only )

2084/-

( Rupees

Two

Thousand

Eighty Four

only)

D.E. (Extl.)Urban:-

1. Karimabad.

9.55

D.E. (Extl.)Urban:-

1. Mahidharpura2. Varachha

3. Vasta-Devdi.

16.55

D.E. (Extl.)Urban:-

1. Ramnagar.

12.45

Total in KM 49.10

Area of work in Surat urbanfor GSM BTS RING

Route in km.(Appx) by HDDMethod

Ring No. 34

1. Sidhdhivinayak BTS - Ramnagar

2. Navkar BTS Civil Duct.

1.119

Ring No. 35

1. Devikripa BTS to T joint.

2. Kantipark BTS.

1.972

Ring No. 36

1.Swastik Appt BTS to Ramnagar

MDH T joint.

2. Indradhanush BTS to Ramnagar MDH

T joint.

1.111

Ring No. 37

1. Gurukul BTS to Motavarachha BTS.

2. Suvidha Complex BTS.

3.685

Total in KM 7.887

Grant Total in KM 56.987

NOTE:The approximate distance has been shown in the ANNEXURE - A. For any variation in the distance, thedecision of the Pr. GMTD Surat or any officer nominated by PGMTD Surat will be final. The BSNL Suratreserves the right to increase/ decrease the distance in each section at any time.In case of tender documents downloaded from the Official Website www.gujarat.bsnl.co.in of GujaratTelecom Circle, for information and necessary action, may please be submitted:-The tenderer should submit the required cost of bid documents as prescribed in the form of D/D alongwith the tender, in separate cover mentioning in cost of bid document .Any discrepancies found in the Tender documents submitted by the tenderer , the tender executed by the

department will be treated as valid one and any change found in tender document submitted by thetenderer at any stage, will be treated as fraud done to the department and will be subject to thecancellation of agreement done (if any) and appropriate action will be taken against the tenderer.3.Allrequired documents submitted with tender should be attested by Gazetted officer..

Bidders should follow the rules of EPF ,ESI ,Labour License & Service Tax as per the Government rules.Bidder will have to start all section allotted to him as per work order simultaneously,other wise will be terminated due to delay.Agreement will be done by the successful bidder with in 7 days after approval, otherwise will be terminated.


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List of locations along-with approximate route/trench length are enclosed in annexure-Bigibility Requirement :The intending bidder must own/lease an HDD machine either in his name or in the name of firm. The validity of

lease should be at least 6 months from the date of opening of Tender. Documentary evidence. Theownership of HDD machine of owner & leaser. The copy should be verified by Gazette officer of ownership/ Leasor of HDD machine if the bidder is owner or certified copy of the lease deed duly registered/Notaryon Rs. 100/- stamp paper along-with the attested copy of ownership documents or above, in case thebidder is not owner of HDD machine are required to be enclosed with the Qualifying Bid and are to beshown in original as and when required.

)The capacity of HDD machine must be 10 tons (pull back capacity) or more and it shall be able to bore up to200M length in one stretch. The copy of certificate of the manufacturer is to be enclosed with the QualifyingBid.

deletedThe intending bidder shall have experience of trench less technology for at least 2 ( Two ) kms during last two

years with any PSU/State Govt./Central Govt/ Reputed Company and a copy of certificate is to be enclosedwith Qualifying Bid.

The bidder should preferably have equipment to detect existing underground utilities/obstructions to ensure thatthey are not damaged. However, it will be responsibility of the Bidder to safeguard the existingunderground cables/utilities.

Award of work : Maximum 03(Three) bidder shall be awarded as per the departmental Guidelines.case L2 & L3 giving willingness & accept the L1 rate in prescribe time. Tenderer accept the L1 rate in

prescribe time & then not submit the Material S.D as per tender terms & condition the EMD will be forfeitedWork shall be done by HDD method & for remaining portion it shall be done through traditional method i.e

Excavation. The Through rate for the same is given in Part B of Financial Bid. The decision of Divisionalengineer OR other official nominated by PGMTD Surat regarding method to be adopted in particular routei.e. HDD OR Trench excavation shall be final.

The estimated quantum of work as per Annexure- XIIIC.The tender, which is not accompanied by the requisite Bid Security, shall be summarily rejected. Tender will not

be accepted/received after expiry date and time. Pr.GMTD, Surat reserves the right to reject any or all

tenders without assigning any reasonThe requisite documents duly attested by Gazetted Officer as per tender terms & conditions Section IV

Clause 7 , Section XIV with compliance of Section III & Mandate form for E- Payment otherwise bid isliable to be rejected if any of them is not submitted.

Tender document is available on our web site www.gujarat.bsnl.co.in can also be downloadedfor bidding. Those bidder who want to use downloaded tender form will have to paytender form fee of Rs 2084/- (Two thousand eighty four only ) by DD/Cash along withsubmission of tender document. The tender, which is not accompanied by the requisiteTender fee, shall be summarily rejected.

e Bid documents are also accepted by Registered post on or before due date /time. ]

Method of preparation of bid:

Bid for each tender should be submitted in three envelopes placed inside a main cover. These

envelopes should Contain the following;

Envelope Marked on the cover Contents of Envelope

First Bid Security+Bid cost.

(Bid cost if down

loaded from web

site).

Containing Bid security as per clause 8.

& Bid cost Rs. 2084/- if down loaded from

website as D D / Original receipt if paid to

A O ( Cash) O/o PGMTD ,Surat

Second Qualifying Bid Containing documents as per clause 7 except

bid security.

Third Financial Bid Percentages duly quoted by the Bidder in theprescribed format.

Asst. General Manager,Cable Planning,

O/o Pr.GMTD Surat.


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SECTION II

BID FORM

Tender No. T-50/CP/Horizontal Boring by HDD /11-12.

Having examined the conditions of contract and specifications including addenda No .......... the

receipt of which is hereby duly acknowledged, we, undersigned, offer to execute the work of

Horizontal Boring Work ................................... in conformity with said drawings, conditions of

contract and specifications as may be ascertained in accordance with the schedule of prices attached

herewith and made part to these Bid.

We undertake, if our Bid is accepted, we will execute the work in accordance with specifications, time

limits and terms and conditions stipulated in Bid document.

If our Bid is accepted, we shall submit the securities as per the conditions mentioned in the contract.

We agree to abide by this Bid for a period of 240 days from the date fixed for Bid opening (Qualifying

Bid) and it shall remain binding upon us and may be accepted at any time before the expiry of that

period.

Until a formal Agreement is prepared and executed, this Bid together with your written acceptance

thereof in your notification of award shall constitute a binding contract between us.

Bid submitted by us is properly sealed and prepared so as to prevent any subsequent alteration and

replacement.

Dated this ................ day of ..............(the Year)

Signature of Authorised Signatory..................

In capacity of ..............................

Duly authorized to sign the bid for and on behalf of ........................................

Witness..

Address..

Signature.


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SECTION - III

(Part-I)

BIDDERS PROFILE

General:

1. Name of the Bidder/ firm

2. Name of the person submitting the Bid whose photograph is affixedShri/Smt.

(In case of Proprietary/Partnership firms, the Bid has to be signed by Proprietor/ Partner only, as

the case may be)

3. Address of the firm ....................................................................................................................................................................................

...........................................................................................

4. Telegraphic Address

5. Tel no. with STD code (O)...........(Fax)........(R)............

6. Registration & incorporation particulars of the firm:

i) Proprietorship

ii) Partnershipiii) Private Limitediv) Public Limited

(Please attach attested copies of documents of registration/ incorporation of your firm with the

competent authority as required by business law)

7. Name of Proprietor/Partners/Directors8. Experience Certificate-

The firm should have experience in of construction work in DOT/BSNL/MTNL or any other

PSU or PVT operators / Reputed firm in India .

The bidder shall have experience of trench less technology for at least 2 kms during last two years

and a copy is to be enclosed with Qualifying Bid and signed by an official not below the rank ofDE/STS / Manager in PSU/ Reputed Firm.

9. Bidders bank, its address and his current account number.................................

..

10. Permanent Income Tax member, Income Tax circle ....................

(Please attach a copy of last income tax return)

11. Tenderer will submit the attested copy of the PAN card/Election Commission I-

Card/Passport of the proprietor or authorized signatory in case of proprietor is not signing

the tender document. The tender is liable to be rejected if the signature and photograph donot match with the photograph affixed and the signature made in -the tender documents. In

case PAN card is not attached, copy of the Income Tax Return should be submitted

(Photograph and the signature of the authorized signatory should be duly attested by the

proprietor or the partners/Director).

Passport sizephotograph of the

Bidder/authorized

Signatory holding

power of Attorney



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12. Infrastructure capabilities:

i. Capacity of trenching per day (in meters) .ii. Capacity of pipe laying per day(in meters)..

iii. Capacity of pulling cable through duct/pipe per day (in meters).

iv. Capacity of engaging mazdoors per day .

v. Particulars of vehicles available with the Bidder:

Type of Vehicle(s) Registration number

. ..

. .vi Particulars of other machines possessed by the contractor which can help in

trenching, pipe laying and cable pulling :-

13. Details of Technical and supervisory Staff:

I/We hereby declare that the information furnished above is true and correct.

Place:

Date:

Signature of Bidder/Authorised signatory........................................................

Name of the Bidder...........................................................................................

Seal of the Bidder



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SECTION- III

(Part-II)

CERTIFICATE REGARDING NEAR RELATIVES/NO BLACKING OF FIRM.

1. I S/O resident of

hereby certify that none of my near relative (s) as defined in Section IV clause

1.u. in the tender document is/are employed in BSNL unit as per the details given in the tender

documents.

2. I hereby also certify that the firm ______________________________ ( Name of

contractors/ agency ) is not blacklisted in BSNL any where in India.

In case at any stage, it is found that the information given by me is false/incorrect, BSNL

shall have absolute right to take any action as deemed fit without any prior information to me.

SIGNATURE OF BIDDER WITH NAME AND ADDRESS

(In case of proprietorship firm the certificate will be given by the proprietor, for partnership firm by all

partners and in case of limited company by all the directors of company)

3. The near relatives of all BSNL Employees either directly recruited or on deputation are prohibited from

participation in tenders and execution of works in the different units of BSNL. The detailed guidelines

in this regard are given in the following paragraphs.

(i) The near relatives for this purpose are defined as:

(a) Members of a Hindu Undivided family,(b) They are husband and wife,(c) The one is related to the other in the manner as father, mother, son(s) & sons wife

(daughter-in-law), Daughter(s) & daughters husband

(son-in-law), brother(s) & brothers wife, sister(s) & sisters husband (brother-in-law).

(ii) As per Government of Indias CCS Conduct rule 4, no Government servant shall in the discharge

of his official duties deal with any matter or sanction any contract to any company or for any other

person if any member of his family is employed in that company or firm or under that person or if

he or any member of his family is interested in such matter or contract in any other manner and the

Govt. Servant shall refer every such matter contract to his official superior. This clause is

applicable to all BSNL employee and in view of this as soon as any BSNL employees becomes

aware of the above aspect, he must intimate this to the prescribed authority. For non executive

employees this authority is SSA Head /Circle Head / Chief Engineer/Chief Archt./Corporate office

under whom he is posted . For executive employees (at present some of them are called as

Gazetted officers) the prescribed authority for this purpose is Circle Head/Chief Engineer/ChiefArcht./Corporate office under whom he is posted.



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(iii) The company or firm or any other person is not permitted to tender for works in BSNL unit in

which his near relative(s) is (are) posted. The unit is defined as SSA/Circle/Chief Engineer/Chief

Architect/Corporate Office for non executive employees and all SSA in a circle including circle

office/Chief Eng. Chief Arch/Corporate Office for executive employees (including those called as

Gazatted Officers at present. The tenderer should give a certificate that none of his/her such near

relative is working in the units as defined above where he is going to apply for tender/work. In

case of proprietorship firm certificate will be given by the proprietor, for partnership firm

certificate will be given by all the partners and in case of limited company by all the Directors of

the company. Any breach of these conditions by the company or firm or any other person, the

tender/work will be cancelled and earnest money /security deposit will be forfeited at any stage

whenever it is so noticed. The department will not pay any damages to the company or firm or the

concerned person. The company or firm or the person will also be debarred for further

participation in the concerned unit.



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SECTION IV.

Instruction to Bidders

A. INTRODUCTION:

1. DEFINITIONS

a. Bharat Sanchar Nigam Limited: The Bharat Sanchar Nigam Limited means the BharatSanchar Nigam Limited and its Board of Directors.

b. BSNL: The BSNL means the Bharat Sanchar Nigam Limited under the Ministry ofCommunications, which invites the Bids on behalf of the Bharat Sanchar Nigam Limited. All

references of:

BSNL

Chief General Manager Gujarat Circle Ahmedabad

General Manager Development Surat

Deputy General Manager / Area Manager Surat

AGM (CP) / Divisional Engineer Surat

Sub Divisional Engineer

Junior Telecom Officer

Accounts officer

Assistant Accounts Officer

Junior Accounts Officer

Including other officers in the BSNL, whatever designations assigned to them from time to

time, who may be the In-charge of direction, supervision, testing, acceptance and maintenance

including their successor(s) in the office appearing in various clauses shall be taken to meanthe Bharat Sanchar Nigam Limited under the Ministry of Communications, Govt. of India.

c. The PGMT means the Head of Surat SSA Area and his successors.

d. The jurisdiction of the PGMT : The jurisdiction of the PGMT means the Surat SSA Areawhich coincides geographically Gujarat State.

e. Representative of the PGMTD : Representative of the PGMT means Officer and staff for thetime being in the PGMT Area deputed by the PGMT for inspecting or supervising the work

or testing etc.

f. Engineer in charge: The Engineer In charge means the Engineering Officernominated bythe BSNL to supervise the work, under the contract, (Minimum Divisional Engineer Level

Officer).

g. Site Engineer: Site Engineer shall mean an SDE or JTO of the BSNL who may be placed by thePGMT Surat SSA, as in- charge of the work at site at any particular period of time.

h. A/T Unit: A/T Unit shall be mean Acceptance and Testing Unit of the BSNL

i. A/T Officer: An officer authorized by T&D Circle BSNL to conduct A/T.

j. Contract: The term contract means, the documents forming the Bid and acceptance thereof

and the formal agreement executed between the competent authority for and on behalf of theBharat Sanchar Nigam Limited and the contractor, together with the document referred to

therein including these conditions, the specifications, designs, drawings and instructions

issued from time to time, by the engineer In- charge and all these documents taken together

shall be deemed to form on contract and shall be

complementary to one another. In the contract, the following expressions shall, unless the


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context otherwise requires, have the meanings, hereby respectively assigned to them. The

expression works or work shall unless there be something either in the subject or context repugnant

to such construction, be construed and taken to mean the works by or by virtue of the contract

contracted to be executed whether temporary of permanent, and whether original, altered,substituted or additional.

k. Contractor: The contractor shall mean the individual, firm or company, enlisted with BSNLof Telecom in accordance with procedure for enlistment of contractor, whether incorporated

or not, undertaking the works and shall include the legal personal representative of such

individual or the persons composing such firm or company, or the successors of such firm or

company and the permitted assignees of such individual, firm or company.

l. Work: The expression works shall unless there be something either in the subject orcontext repugnant to such construction, be construct and taken to mean the works by or by

virtue of the contract contracted to be executed whether temporary or permanent and whether

original altered, substituted or additional.

m. Schedule(s): Schedule(s) referred to in these conditions shall mean the relevant schedule(s) orthe standard schedule of rates mentioned in the document.

n. Site: The site shall mean the land/or other places on, into or through which work is to beexecuted under the contract or any adjacent land, path or street through which, the work is to

be executed under the contract or any adjacent land, Path or street which may be allotted or

used for the purpose of carrying out the contract.

o. Normal time or Stipulated time: Normal time or Stipulated time means time specified in the

work order to complete the work.

p. Extension of Time: extension of Time means the time granted by the BSNL to complete thework beyond the normal time or stipulated time.

q. Date of Commencement of Work: Date of Commencement of work means the date ofactual commencement of work or 7

thday from the date of issue of work order, whichever is

earlier.

r. Due date of completion: Due date of completion shall be the date by which the work shall becompleted in all respect at site including clearance of site.

s. Duration of completion of work: The duration of completion of work or completion timeshall be time specified in the work order plus extension of time granted, if any.

t. Excepted risk: Excepted risk are risks due to war (whether declared or not), invasion, act offoreign enemies, hostilities, civil war, rebellion, revolution, insurrection, military or usurped

power, any acts of BSNL damages from aircraft, other causes over which, the contractor has

no control and the same having been accepted as such, by the Accepting Authority or causes

solely due to use or occupation by the BSNL of the part of the work, in respect of which a

certificate of completion has been issued.

u. Near Relative: - The near relatives are defined as:

Members of Hindu Undivided family, They are husband and wife,

The one is related to the other in the manner as father, mother, son(s) and sonswife (daughter-In-law), daughter(s) and daughters husband (son-In-law),brother(s) and brothers wife (sister-In-law), sister(s) and sisters husband (brother-In-law).

v. Extra work as used herein means any work or compliance with any requirements, other than a

change, which is not expressly or impliedly contemplated by the contract documents, and which is

necessary to be performed for the proper completion of the contracted work. For the purpose of



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clarification, it is declared that, any work or operation which shall be necessarily incidental to the

proper performance of any item of work or part thereof shall be deemed to have been by implication

provided for in the relevant item of work or part thereof and shall not constitute extra work.

2.1 ELIGIBILITY OF BIDDERS: - The invitation of bids is open to all contractors as per theireligibility mentioned in NIT, of this Bid document.

2.2 The Contractor must read carefully all the terms, conditions and specifications before filling up theBid schedule and his quotation. 'Clause' No. is indicated before each 'Title'.

2.3 EXAMINATION OF WORKSITE BY BIDDER/CONTRACTOR:

2.3.1 It is implied that the Bidder/Contractor has inspected the site and satisfied himself as to thenatures, locations of general and local conditions particularly those bearing upon

transportation, handling and storage of materials, including the surface strata, the soil, sub soil,

the surrounding, the nature and magnitude of work and ascertained the availability of power,

water, roads and accommodation and also obtained all necessary information directly or

indirectly affecting the work such as legal stipulation, possible delays and hindrance or

interferences in executing the work, uncertainties of weather, river, stages or similar physical

conditions of the site, the confirmation and conditions of the ground, the character of

equipment and facilities needed preliminary to and during the execution of the work and all

other matter which can in any way affect the work or the cost there under this contract, before

making the offer, so that the rates quoted take all factors into consideration. The specifications

for the entire work are to be read together and not in isolation.

2.3.2 The Bidder cannot rely on his ignorance of matters such as defects in soil nor any implied

warranty by the employer viz. Divisional Engineer that the quantities, plans and specificationstipulated in this Bid Document are accurate or that the work is feasible of performance in the

manner set out in the Invitation to Bid. Moreover, work or materials incidental to execute this

contract are not 'Extras'.

2.3.3 The site data relating to type of soil in the section at various stretches as assessed by the BSNLis given in the annexure-1. It must be noted that this is only a rough assessment by the BSNL

and the BSNL does not link itself to its full correctness and neither the BSNL can be held

accountable for any variation, if any, found actually. The contractors are required to make their

own detailed assessment and should quote accordingly.

2.3.4 Any failure by the Contractor to do so shall not relieve him of responsibility for estimating

properly the difficulty or cost of completely satisfactorily performing the contracted work.

2.3.5 The BSNL assumes no responsibility whatever for any oral understandings or representationsmade by any of its officers or agents or servants prior to the execution of the contract and all

previous negotiations and understandings are hereby cancelled.

2.3.6 Unexpected difficulty or expenses is, in general, no excuse for difficulty in performing thework.

B. THE BID DOCUMENTS3. BID DOCUMENTS:

3.1. The construction work to be carried out, goods required, bidding procedures and contract terms

are prescribed in the Bid Documents. The Bid Documents include:

3.1.1. Qualifying Bid:3.1.1.1 Notice Inviting Tender.


http://tenders.indiamart.com/http://tenders.indiamart.com/http://tenders.indiamart.com/

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3.1.1.2 Bid Form.3.1.1.3 Bidders Profile and certificate of near relatives3.1.1.4 Instruction to Bidders.

3.1.1.5 General (Commercial) Conditions of the contract.3.1.1.6 Special Conditions of Contract.3.1.1.7 Scope of work and jurisdiction of the contract.3.1.1.8 Cable Construction Specifications.3.1.1.9 Material Security Bond Form.3.1.1.10 Agreement (Sample).3.1.1.11 Letter of Authorization for Attending Bid Opening.3.1.1.12 List of Documents to be submitted along with the Qualifying bid.3.1.1.13 Rates of Empty Cable Drums (If required).

3.1.2 Financial Bid3.1.2.1 Schedule of rates for construction

3.2 The Bidder is expected to examine all instructions, forms, terms and specifications in the biddocuments. Failure to furnish all information required as per the Bid Documents or Submission of

bids not substantially responsive to the bid documents in every respect will be at the bidders risk

and shall result in rejection of the bid.

4. QUERIES ON BID DOCUMENTS: A prospective bidder, requiring any clarification of theBid Documents shall; notify the BSNL in writing or by fax or cable at the BSNLs mailing address

indicated in the invitation for Bids. The BSNL shall respond in writing to any request for

clarification of the Bid Documents, which it receives not later than 7 days prior to the date for the

opening of the bids. Copies of the query (without identifying the source) and the clarifications by

the BSNL shall be sent to all the prospective bidders who have purchased the bid documents and

all such clarifications issued by the BSNL will form part of the bid document.5. AMENDMENT OF BID DOCUMENTS:

5.1 At any time, prior to the date for submission of bids, the BSNL may, for any reason whethersuo motto or in response to clarification requested by an prospective Bidder, modify the bid

documents by amendments.

5.2 The amendments shall be notified in writing or by telex or FAX to all prospective bidders onthe address intimated at the time of purchase of bid documents from the BSNL and these

amendments will be binding on them.

5.3 In order to afford prospective bidders reasonable time to take the amendments into account inpreparing their bids, the BSNL may, at its discretion, extend the deadline for the

submission/opening of bids suitably.

5.4 In case of tender document downloaded from the official web site of the SSA, the tenderer

should submit the required cost of bid document as prescribed in the form of DD alongwith tender and any discrepancy found in the tender document submitted by the

tenderer, the tender uploaded by the BSNL will be treated as valid and any change found

in the tender document submitted by the tenderer at any staged, will be treated as fraud

done to the BSNL and will be liable to cancellation of agreement done (if any) and

appropriate action will be taken against the tenderer.

C. PREPARATION OF BIDS6. Cost of Bidding:

The bidder shall bear all costs associated with preparation and submission of the bid. The BSNL,

will in no case, be responsible or liable for these costs, regardless of the conduct or outcome of the

bidding process.

7. DOCUMENTS ESTABLISHING BIDDERS ELIGIBILITY AND QUALIFCATIONS:The bidder shall furnish, as part of his bid documents establishing the bidders eligibility, the

following documents:



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7(a) i) Bid Security in accordance to clause no.8.ii) Bid document (s), in original, duly filled in and signed by Bidder or; his authorized

representative along with seal on each page. All conditions and over writing must be

initialed with date by the Bidder or his authorized representative.iii) Attested copy of Experience Certificate- As per NIT.iv) Attested copy of registration of the firm: - The authenticated copy of partnership

deed in case of partnership firm, copy of Memorandum of Association in case ofCompany & Firm registration with Register of Firm in case of Proprietary firm

v) Bid Form, duly filled in, as per section II.vi) Bidders profile duly filled in, as per section III of the Bid document.

vii) Original Power of Attorney in case person other than the Bidder signed thedocuments. The power of attorney should be for specific work and not general powerof attorney. Tender is liable to be rejected if power of attorney is submittedaccordingly.

viii) List of qualified experienced personnel with name & address, who are working for theBidder, who will be deployed for the work.

ix) Certificate for non working of near relatives & non black listing of firm in Performa insection III ( Part-II) by Proprietor, all Partners ,all Directors of Pvt Ltd company.

x) Photo Identity proof of bidder/authorized signatory of holding power of attorney.xi) Tenderers profile duly filled in, as per section III of the tender document

xii) The intending bidder should have Bank Solvency of Rs.5 ( Five) Lakhs. TheSolvency Certificate should not be older than one year from date of issue ofNIT from Nationalized/Schedule Bank only.

xiii) Attested copy of ESIC & EPF Registration No..& Service Tax Registration.xiv) As per NIT documents required to be submitted duly attested by Gazetted officer.

All above documents are compulsory required qualifying technically.

Note :1. All documents dully attested by gazetted officer only will be entertained.2. Labour license to be submitted before commencement of work after issue of

letter of Intent (FAT).a) The intending bidder must own/lease an HDD machine either in his name or in the name of firm. The

validity of lease should be at least 6 months from the date of opening of Tender. Documentary evidence.

The ownership of HDD machine document of owner / leaser. The documents should be verified by Gazette

officer of ownership of HDD machine if the bidder is owner or certified copy of the lease deed duly

registered/Notary on Rs. 100/- stamp paper along-with the attested copy of ownership documents as above,

in case the bidder is not owner of HDD machine are required to be enclosed with the Qualifying Bid and

are to be shown in original as and when required.

b) The capacity of HDD machine must be 10 tons (pull back capacity) or more and it shall be able to boreup to 200M length in one stretch. The copy of certificate of the manufacturer is to be enclosed with the

Qualifying Bid.

c) deleted.

d) The intending bidder shall have experience of trench less technology for at least 2 kms during last

two years with any PSU/State Govt./Central Govt / Reputed company and a copy is to be enclosed

with Qualifying Bid.

e) The bidder should preferably have equipment to detect existing underground utilities/obstructions

to ensure that they are not damaged. However, it will be responsibility of the Bidder to safeguard

the existing underground cables/utilities.



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8. BID SECURITY:8.1 The bidder shall furnish, as part of his bid, a bid security (EMD) for the amounts

shown in the NIT separately for each section. No interest shall be paid be by the BSNL on the bidsecurity for any period, what so ever.

8.2 The bid security is required to protect the BSNL against the risk of bidders conduct,which would warrant the securitys forfeiture, pursuant to Para 8.7.

8.3 Bid Security shall be paid in the form of Crossed Demand Draft issued by; ascheduled bank, drawn in favors ofAccounts Officer (Cash), BSNL, o/o PGMTD

Surat , payable at Surat.8.4 A bid not secured in accordance with Paras 8.1 & 8.3 above shall be rejected by the

BSNL as non-responsive.

8.5 The bid security of the unsuccessful bidder will be refunded as promptly as possible but notlater than 30 days after the expiry of the period of bid validity prescribed by the BSNL.

8.6 The successful bidders bid security will compulsorily be converted to part Performance

security deposit in accordance with clause 5.ii Section V.8.7 The bid security shall be forfeited:

i. If a bidder withdraws his bid during the periods of bid validity specified in the biddocument, or

ii. If the bidder makes any modifications in the terms and conditions of the Bid beforeacceptance of the Bid, which are not acceptable to the BSNL or

iii. If the Bidder is found to have given false/incorrect certificate in Section-IIIiv. In case of successful bidder, if the bidder fails:

(i) to sign the agreement in accordance with clause 25 of section-IV or(ii) to furnish Material Security in accordance with clause 5.ii Section V..

9. Bid Prices:9.1 The bidder shall give the total composite price inclusive of all levies and taxes, packing,

forwarding, freight and insurance in case of materials to be supplied and inclusive of all taxes

and levies in case of works to be executed. The contractor shall be responsible for

transporting the materials, to be supplied by the BSNL (At the divisional Store Depot) or

otherwise to execute the work under the contract, to site at hi/their own cost. The costs of

transportation are subsumed in the standard Schedule Rates and therefore no separate charges

are payable on this account. The offer shall be firm in Indian rupees.

9.2 Prices shall be quoted by the bidder as percentage below/above/at par the schedule or ratesgiven in schedule of rates (Financial Bid). Prices quoted at any other place shall not be

considered.

9.3 The price quoted by the bidder shall remain fixed during the entire period of contract andshall not be subject to variation on any account. A bid submitted with an adjustable pricequotation will be treated as non- responsive and rejected.

9.4 Discount, if any, offered by the bidders shall not be considered unless they; are specificallyindicated in; the schedule or rates (financial Bid). Bidders desiring to offer discount shall

therefore modify their offers suitably while quoting and shall quote clearly net price taking all

such factors like Discounts, free supply, etc. into account.

9.5 The Bidder shall quote in Financial Bid in English or Hindi only, both in words and figures.9.6 In the case of illiterate Bidders, a witness should attest the Financial Bid. The percentages

quoted in words will have precedence over the percentages quoted in figures. If the

percentages are not quoted in words, that Bid is liable to be rejected.

9.7 The rates should be quoted inclusive of all charges and taxes except

applicable Service Tax. For claiming Service Tax tenderer has to submitService Tax registration number printed on the bill submitted for the paymentand Service Tax will be paid extra on actual on submission of paid challan &returns in next bill..



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10. PERIOD OF VALIDITY OF BIDS:

10.1 Bid shall remain valid for 240 days from date of opening of the bid (Qualifying Bid). A BID

VALID FOR A SHORTER PERIOD SHALL BE REJECTED BY THE BSNL ASNON-RESPONSIVE.

10.2 The BSNL reserves the right to request the lowest 3 bidders as per read out list on the openingday to extend the bid validity for a period of further 120 days and the bidder has to necessarily

extend the bid validity. Refusal to extend the bid validity will result in forfeiture of the bid

security. A bidder accepting the request and extending the bid validity will not be permitted

to modify his bid.

10.3 "The Bidders shall not be entitled during this period of 240 days, without the consent inwriting of Divisional Engineer, to revoke or cancel his Bid or to vary the Bid submitted or in

term thereof. The acceptance of Bid shall be communicated to the successful Bidder(s) by the

Divisional Engineer."

11 SIGNING OF BID:11.1 The bidder shall submit, as a part of his bid, the bid documents (in original) duly signed on

each and every page, establishing the conformity of his bid to the bid documents of all the

works to be executed by the bidder under the contract. (Note: The Bidder is advised to keep

a photocopy (at his own cost) of the bid documents for his own reference.)

11.2 The bid shall contain no inter-lineation, erasures or overwriting except as necessary to correcterrors made by the bidder in which case the person or persons signing the bid shall sign such

corrections with date.

11.3 The Bidder will be bound by all terms, conditions, construction practice and specifications asdetailed in this Bid Document.

11.4 Unsigned or partially signed Bid shall be rejected.

D. SUBMISSION OF BIDS12. Method of preparation of bid:

12.1 Bid for each tender should be submitted in three envelopes placed inside a main cover. Theseenvelopes should Contain the following;

Envelope Marked on the cover Contents of Envelope

First Bid Security+Bid cost.

(Bid cost if down

loaded from web

site).

Containing Bid security as per clause 8.

& Bid cost Rs. 2084/- if down loaded from

website as D D / Original receipt if paid to

A O ( Cash) O/o PGMTD ,Surat

Second Qualifying Bid Containing documents as per clause 7 except

bid security.

Third Financial Bid Percentages duly quoted by the Bidder in the

prescribed format.

On all these envelopes the name of the firm and whether Bid Security OR Qualifying OR

Financial a bid must be clearly mentioned and should be properly sealed (with sealing

wax/packing PVC tape). These envelopes are to be placed inside an outer envelope and properly

sealed (with sealing wax/Packing PVC tape ). The Bids that are not submitted in above

mentioned manner shall be summarily rejected.



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12.2 (a) All envelopes (3 inner & one outer) must bear the following on the left hand top cornerside:-Tender for Trench less digging by HDD method & Excavation of trench of OF cable &

allied works in SURAT SSA / 2011-12.NOT TO OPEN BEFORE (DUE DATE OF TENDER)

(Tender no. CP/STD/T-50/Horizontal Boring by HDD /11-12..

(b) All envelopes (3 inner & one outer) must bear the full address of the tendering authorityat the center of envelope.

(c) All envelopes (3 inner & one outer) must bear the full name and full address of the

Bidder at the bottom right hand side corner of the envelope.

12.3 The Bid with conditions other than those specified in the Bid document is liable to besummarily rejected. No modification by the contractor in any of the conditions will be

permitted after the Bid is opened.

13.SUBMISSION OF BIDS:13.1 Bids should be dropped in person in the tender box placed in the office of AGM (CP) or by

Registered Post/Speed Post on or before the closing (date & time) of Bid, as mentioned in

NIT. The Bidder is to insure the delivery of the bids at the correct address. The BSNL shall

not be held responsible for delivery of bid to the wrong address or for delayed receipt due to

postal delay. The slit of the tender box will be sealed immediately after the specified time for

receipt of Bid. Any Bid presented in person after the sealing of box will not be received by

the AGM (CP ) or by any of the subordinates or will not be allowed to be deposited in the

tender box.

13.2 Postponement of Bid opening: Wherever it is considered necessary to postpone the openingdate of tenders, quick decision must be taken and communicated to the Bidders who have

purchased the Bid documents and shall be at least on day before the original date of opening.

The reasons for postponing the tender shall be recorded in writing. Such notice of extension

of date of opening shall also be put-up on published. If the date of opening of bids is declared

as holiday, the bids will be opened on the next working date at the same time and venue.

13.3 The BSNL of India if subsequently declares date fixed for opening of bids as holiday, therevised schedule will be notified. However, in absence of such notification, the bids will be

opened on next working day, time and venue remaining unaltered,

14.LATE BIDS: Bids will not be received after the specified time of closing of the Bid and the sameshall be rejected and returned unopened to the bidder. It is the sole responsibility of the Bidder that

he should ensure timely submission of Bid.

15.MODIFICATIONS AND WITHDRAWL OF BIDS:

15.1 The bidder may modify or withdraw his bid after submission and before opening, provided thatthe intimation is deposited by the bidder in a properly sealed envelope (With Wax/Packing

PVC tape) in the tender box. Before the scheduled time & date for closing of tender.

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

E. BID OPENING AND EVALUATION:

16. OPENING OF BIDS BY THE BSNL:

The BSNL shall open the bids in the presence of bidders or his authorized representatives who

choose to attend, at 15.00 Hrs on due date. The bidders representative, who is present, shall



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sign an attendance register. The bidder shall submit authority letter to this effect before they

are allowed to participate in the bid opening (A format is given in section-XI).

A maximum of two (2) representatives for any bidder shall be authorized and permitted to

attend the bid opening.The Bids shall be opened in the following manner:

The bid opening committee shall count the number of bids and assign serial number to the

bids. For example, if 10 Bids have been received the bids shall be numbered as 1 of 10, 2 of

10 etc. All the members shall initial on the outer envelopes of all the bids with date.

The envelopes containing the Bid offer and not properly sealed, as required vide Para 19.3.1

shall not be opened and shall be rejected outright. Closing the cover by gum will not be

treated as sealed cover. The reasons for not opening such Bid offers shall be recorded on the

face of the envelope and all the members of bid opening committee shall initial with date.

First the outer envelope containing the three envelopes is to be opened. The bid opening

committee shall initial on all three envelopes with date.

Among these three envelopes, the envelopes marked BID SECURITY shall be opened first

and examined.

The bidders who have submitted proper bid security as per Bid document, their Qualifying

bid shall be opened and papers/documents submitted by the bidder shall be examined and

recorded by; the TOC. After opening the qualifying bid, all the documents contained therein

shall be serially numbered and signed by the bid opening committee members.

After recording of the Qualifying Bid the TOC will place all the Financials bids submitted

by the bidder in an envelope and will properly seal it with wax or packaging PVC tape forkeeping in safe custody.

The Financial Bid shall be opened in the following manner,

The envelope marked Financial Bid, will be opened only for qualified Bids in Qualifying

bid.

The date and time of opening of Financial bid shall be conveyed to all the bidders who have

qualified in Qualifying Bid and their representative shall be allowed to attend the financial bid

opening.

After opening the Financial Bid name, bid prices, modifications, bid withdrawals and suchother details as the BSNL, at its discretion, may consider appropriate; will be announced at

the opening.

In case there is discrepancy in figures and words in the quote, the same shall be announced in

the bid opening, but the quote in words shall prevail.

17. CLARIFICATION OF BIDS BY THE BSNL: To assist in examination, evaluation andcomparison of bids, the BSNL may, at its discretion ask the bidder for clarification of its bid. The

request for its clarification and its response shall be in writing. However, no post bid clarification

at the initiative of the bidder shall be entertained.

18. PRELIMINARY EVALUATION:

BSNL shall evaluate the bids to determine whether they are complete, whether any

computational errors have been made, whether required sureties have been furnished, whether

the documents have been properly signed and whether the bids are generally in order.



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If there is discrepancy between words and figures, the amount in words shall prevail. If the

Contractor does not accept the correction of the errors, his bid shall be rejected,

Prior to the detailed evaluation, pursuant to clause 21, the BSNL will determine thesubstantial responsiveness of each bid to the bid document. For purpose of these clauses a

substantially responsive bid is one, which conforms to all the terms and conditions of the bid

documents without deviations. The BSNLs determination of bids responsiveness is to be

based on the contents of the bid itself without recourse to extrinsic evidence.

The BSNL will reject a bid, determined as substantially non-responsive and shall not

subsequent to the bid opening be made responsive by the bidder by correction of the non-

conformity.

The BSNL may waive any minor infirmity or no-conformity or irregularity in a bid, which does

not constitute a material deviation, provide such waiver does not prejudice or affect the relative

ranking of the bidder.

19. EVALUATION AND COMPARISON OF SUBSTANTIALLY RESPONSIVE BIDS:The BSNL shall evaluate in detail and compare the bids previously determined to be

substantially responsive pursuant to clause18.The evaluation and comparison of responsive

bids shall be on the percentage deviation (above/below/at par) offered and indicated in

schedule of rates of the bid documents.

20. CONTACTING THE BSNL:

Subject to clause 17 no bidder shall try to influence the BSNL on any matter relating to its bid,

from the time of bid opening till the time the contract is awarded. Any effort by the bidder to

modify his bid or influence the BSNL in the BSNLs bid evaluation, bid comparison or thecontract award decisions shall result in the rejection of the bid.

21. AWARD OF CONTRACT:21.1 The BSNL shall consider award of contract only to those eligible bidders whose offers have been

found technically and financially acceptable.

21.2 Bids will be accepted and Contract will be finalized only with those of the Bidders, who in theopinion of Divisional Engineer are having the capacity and resources to execute the work

assigned in the prescribed time as per the time schedule attached separately.

21.3 The Divisional Engineer reserves the right to award the work in any section to a singleContractor or split the work among two or more Contractors. The decision of Divisional

Engineer in this regard shall be final and binding. If the work in one section is awarded to more

than one Contractor, the demarcation of the work among the various Contractors shall be decidedby Divisional Engineer and the demarcation will be communicated in writing to the concerned

Bidders.

21.4 Award of work : As per NIT

21.5 EXTENSION OF TENDER :-

This tender is for the minimum period for two years and the tender will be awardedinitially for a period of one year only. The tender can be extended for maximum period ofone year on same terms , conditions on the same approved rates on mutual agreementbetween the dept. and the contractor if PGMTD desired so.

22. BSNLS RIGHT TO VARY QUANTUM OF WORK: The BSNL, at the time of award ofunder the contract, reserves the right to decrease or increase the work by up to 50 % of the total

quantum of work with respect to cost specified in the schedule of requirements without any

change in the rates or other terms and conditions.

23. BSNLS RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS:



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23.1 The BSNL reserves the right to accept or reject any bid and to annul the bidding process andreject all bids, at any time prior to award of contract without assigning any reason what-so-

sever and without thereby incurring any liability to the affected bidder or bidders on the

grounds for the BSNLs action.23.2 The tender approving authority is not bound to accept the lowest Bid.

24. ISSUE OF LETTER OF INTENT:24.1 The issue of letter of intent shall constitute the intention if the BSNL to enter in to the contract

with the bidder. Letter of intent will be the issued as offer to the successful bidder.

24.2 The bidder shall within 15 days of issue of letter of intent give his acceptance along with

Material Security as per Clause 5(i) Section-V, provided with the bid document, failing

which his EMD may be forfeited and bid is liable to be cancelled.

25. SIGNING OF AGREEMENT:25.1 The signing of agreement shall constitute the award of contract on the bidder. The agreement

with the Successful bidder shall be signed by the BSNL with in a week of submission of

material security as per clause 24.2 above.

(a) Copy of EPF Registration certificate.(b) Copy of Service Tax registration Certificate if applicable.(c) Copy of ESI registration Certificate.(d) Labour license as per section VI, clause 7.(e) Original documents of above copies are to be produced for verification purpose.

25.2 As soon as the Bid is approved by the competent authority, the Bid Security deposited by thesuccessful bidder shall be compulsorily converted in to the Performance security deposit,

which will be held by the BSNL till the completion of warranty period.

25.3 "In the event of failure of the Bidder to sign the Agreement within seven days of being calledupon to do so or in the event of his failure to start the work as stipulates the amount of Earnest

Money shall stand forfeited and the acceptance of the Bid shall be re-considered and revokedwhich will not amount to imposing of penalty."

26. ANNULMENT OF AWARD: Failure of the successful bidder to comply with the requirement ofclause 25 shall constitute sufficient ground for the annulment of the award and forfeiture of the bid

security, in which event, the BSNL may make the award to any other bidder at the discretion of the

BSNL or call for new bids.

27. Since work may be awarded simultaneously in all sections, work contract in not more than twosections may normally be awarded to any Contractor, unless the Divisional Engineer is satisfied

that the Contractor has got enough capacity and resources to carry out the Work simultaneously in

all the sections for which the contractor may be awarded the work. While interpreting the term

'Contractor' for this clause, any sister concern of the same Contractor under the same management

or in any way related to each other, will be regarded as one and the same Contractor. Normally

offers from Contractors who were awarded similar works against any previous Bid may not beentertained, unless in any particular case, Divisional Engineer is satisfied about the past

performance of the Contractor. If any such work awarded earlier is not completed and is in

progress, any work against this Bid will be awarded only if Divisional Engineer is satisfied about

the past performance of the Contractor. If any such work awarded earlier is not completed and is in

progress, any work against this Bid will be awarded only if Divisional Engineer is satisfied that the

Contractor has capacity and resources to take up the additional work along with the work(s) in

progress, and will be able to ensure completion of all the works according to the prescribed time

schedule against each such work. The performance of the Contractor will be assessed by taking

into account the quality of work, speed of implementation and completion within the target date

assigned and any other factors considered relevant by Divisional Engineer. The assessment of

Divisional Engineer shall be final and binding in all such cases.

28. It is to be specifically noted that the Divisional Engineer wants the works to be donesimultaneously in as many sections as possible so that the project can be completed in the shortest

possible time. Keeping BSNL interest in mind, Divisional Engineer has full discretion to award the

entire work or part of the work in any section to one or more Contractors, whose rates may not

necessarily be the lowest in that section, even though Bid for one section is independent of any

other section or to carry out the work by BSNL or through any other agency.



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29. The quantities indicated in Bid schedule shall not be considered as representing firm/finalquantities. All works shall be measured by Divisional Engineer or his authorized representatives.

Amount payable to contractor shall be on the basis of actual work done by him at the rate approved

by BSNL.

30. REPRESENTATIVE OF THE BSNL: -The BSNL shall be represented by the DIVISIONALENGINEER who will be in-charge of the works. BSNL representative in works site shall be the

Site Engineer or such other representative as the Divisional Engineer may from time to time

designate in writing. The Site Engineer and/or his assistant or nominee shall inspect the work and

materials of the Contractor. Notice given in writing by the Contractor or the Contractors

representative to the Site Engineer or the Divisional Engineer shall be deemed to be Site notice be

given to the BSNL. Notices given in writing by the site Engineer or the Divisional Engineer shall

be deemed to be notice given by the BSNL to the Contractor. The Site Engineer and such other

representatives as Divisional Engineer may designate in writing shall be deemed to be authorized

to represent the BSNL representative, as aforesaid, which is within his powers shall be binding onthe Contractor.

31. REPRESENTATIVE OF CONTRACTOR: - The Contractor shall furnish to the BSNL, thescheme of his intended Organization for the contracted work, naming his superintendent. The

Contractor shall have on each site a superintendent, being authorized to represent the Contractor on

his designated section work, to whom the BSNL representative can make known decisions,

authorizations and interpretations. The Contractor shall within ten days after the execution of the

Contract/Agreement notify the BSNL the name(s) and address(s) of the Superintendent along with

the specimen signatures in terms of site allocations. Any change in name and address of any

Superintendent notified as aforesaid shall be promptly intimated in writing to the BSNL. Notices

given in writing to the Superintendents shall be deemed to be notices given to the Contractor. The

Contractor shall also have a Manager fully authorized to represent Contractor on matters involvingmore than one section of work notification in respect of whom shall like wise be given to the

BSNL and who shall likewise be the Contractor's representative in terms aforesaid."

32. These instructions to the Bidder shall be deemed to form part of the Agreement/Contract for thework.

33. Wherever necessary, obtaining permission for Trenching and pipe laying work etc., from theNHAI/PWD/Local bodies shall be the responsibility of the successful contractor. However, during

this process if any compensation such as reinstatement charges is required to be deposited to the

concerned authorities, the BSNL will make the payment after getting the relevant

documents/letters from the authorities.



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SECTION V

GENERAL (COCPERCIAL) CONDITION OF THE CONTRACT

1. APPLICATION:The General conditions shall apply in contracts made by the BSNL for the execution of Cable

Construction works.

2. STANDARDS: -The works to be executed under the contract shall conform to the standards prescribed in the

Cable construction practices.

3. PRICES:3.1 Prices charged by the Contractor for the works performed under the Contractor for the works

performed under the Contract shall not be higher from the prices quoted by the Contractor in hisBid.

3.2 Prices once fixed will remain valid for the period of contract. Increase and decrease oftaxes/duties will not affect the price during this period.

3.3 The Bid schedule shall be read in conjunction with construction specifications, instructions toBidders and conditions of Contract and the Bidder/Contractor shall be deemed to have carefully

examined all these documents. It is further understood and agreed that the Contractor by careful

examination satisfied himself to the nature and the location of work, the configuration of the

ground the site conditions, the character of equipments and facilities needed preliminary to and

during the execution of work, the general and local conditions, the labour conditions prevailing

thereof, the detailed descriptions of the work to be done and the way in which they are to becarried out within the time schedule and all other matter which can in any way affect the works

under the Contract before giving his tendered rates. The specifications for the entire work are to

be read together and not in isolation.

4. SUBCONTRACTS:

4.1 The contractor shall not assign, sub contract or subject the whole or any part of the works

covered by the contract, under any circumstances.

4.2Where the Contractor is a partnership firm, the previous approval in writing of the Engineer-in-charge shall be obtained before any change is made in the constitution firm. Where Contractor is an

individual or a Hindu undivided family business concern such approval as aforesaid shall likewise beobtained before the Contractor enters into any partnership agreement hereunder the partnership firm

would have the right to carry out the work hereby undertaken by the Contractor. If previous approval

as aforesaid is not obtained, the contract shall be deemed to have been assigned in the contravention

of above Clause 4.1 thereof & the same action may be taken & the same consequence shall ensue as

provided in said Clause 4.1.

5. SECURITY:(i) Material Security:a. The successful Bidder will have to deposit material security as mentioned in the Scope of Work,

subject to a minimum of Rs 1 (0ne) lacs, in the form of bank guarantee (valid up to and including

six months after, the period of the contract) from a scheduled bank and in the material security

bond form provided in the bid document, section- IX. Material Security can also be submitted in

the form of Crossed Demand Draft drawn in favor of Accounts Officer (Cash) BSNL, O/o

PGMTD Surat , issued by a schedule bank and payable at Surat. The Material Security will be

a non-interest bearing deposit, for any period what so ever.

b. The contractor can any point of time will not be issued stores costing more than materialsecurity. If due to any reason more stores have to be issued to the contractor, then the material


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security will be suitably enhanced. In this regard the decision of the PGMT shall be final and

binding.

c. The proceeds of the material security shall be payable to the BSNL as a compensation for any

loss resulting from the contractors failure to handle properly the material issued to the him underthe contract.

d. The Material Security shall be released/refunded within a fortnight from the final

settlement of material account on production of no dues certificate from Engineer-in-

Charge.

(ii) Performance Securitya. The contractor shall permit the BSNL, at the time of making any payment to him for work done

under the contract, deduct such sum in addition to the sum already deposited as security deposit

(due to conversion of bid security) an amount to the tune of7.5% of running bills/final bill. If in

the opinion of the Tender evaluation committee the quoted rates are abnormally low (25% below

the estimated rates) additional security deposit to the tune of 10% of estimated cost of workput to tender shall be deposited by the contractor before signing the agreement and issue of work

order by BSNL. This additional security deposit is in addition to prescribed performance/materials

security deposit and the same shall be refunded immediately after successful completion and

acceptance of work and on receipt of written request. .

b The proceeds of the performance security shall be payable to the BSNL as compensation for any

loss resulting from the contractors failure to complete its obligations under the contract.

c. The Performance Security deposit of the contractor shall be refunded after expiry of sixmonths from the date of final payment provided there are no recoveries to be made arising

out of poor quality of work, incomplete work and / or violation of any terms and conditions

of the contract as stipulated in the bid document. Refund of SD is subject to full and finalsettlement of the final payment for the work contracted/executed under the contract.

d. No interest will be paid to the contractor on the security deposit.

e. All the compensation or other sum of money payable by the contractor under the terms of thiscontract may be deducted from the security deposit or from any sum which may be due or may

become due to the contractor by the BSNL on any account whatsoever from this contract or any

other contract with BSNL and in the event of his security deposit being reduced by reason of any

such deductions, the contractor shall within ten days make good in cash the amount required to

make good in full, the security deposit. Otherwise, the said balance in full shall be collected from

the running bills of the contractor.

(iii) UNCLAIMED SECURITY DEPOSIT: Security Deposit(s) that is (are) due for refund to

the Contractor/Supplier and remain unclaimed for three years after its/their refund become(s)

admissible (for instance, after the contractor/supplier fulfils his contract shall be dealt with in

accordance with the provisions contained in the rules of the BSNL.

6. ISSUE OF WORK ORDERS AND TIME LIMIT:

6.1 The work order shall be issued so as to include all items of works for the section allotted tothe contractor as put in the NIT.

6.2 The work orders shall be issued by the Divisional Engineer in-charge of Cableconstruction works after examining the technical and planning details of the works to be

executed.

6.3 If due to any reason partial work order is to be issued then the same shall be issued with theapproval of an officer not below the rank of Deputy General Manager.


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6.4 The Divisional Engineer shall mention the time limit to execute the work order after seeingthe quantum of work and store availability position.

6.5 The BSNL reserves the right to cancel or modify the scope of work stipulated to be carriedout against the work order in the event of change of plan necessitated on account of technical

reasons or in the opinion of work order issuing authority or the DGM Planning, the contractor

is not executing the work at the required pace.

6.6 The Contractor shall not undertake or make any change or do any work under this contractunless he has received written instructions from Engineer-in-charge.

6.7 The Contractor shall not be entitled to any compensation in addition to the contract price forthe performance of any work not envisaged under the contract, unless prior to the

performance of such work he has received from Engineer-in-Charge written authorization to

perform such work.

6.8 For extra work which is not covered within the scope of this contract, the Contractor willreceive extra compensation on the basis of lump sum unit price as may be agreed upon in

advance in writing between the Engineer-in-charge and the Contractor.

6.9 In cases, of such of the works, where an interpolation of the rates are possible such rates shallbe accepted by both the parties.

6.10 If the altered, additional or substituted work includes any work for which rates are notspecified in the contract for the work and cannot be derived from similar class of work in the

contract, then such work shall be carried out at the rate determined by the Engineer-in-charge

on the basis of prevailing market rates where the work was done & this rate shall becommunicated in writing.

6.11 If the rate for altered, additional or substituted work cannot be determined in the mannerspecified above, then the Contractor shall within seven days of the date of receipt of order to

carry out the work, inform the Engineer-in-charge of the rate which in his intention to charge

for such class of work supported by analysis of the rate or rates claimed, and the Engineer-in-

charge shall determined rates on the basis of prevailing market price & pay the Contractor

accordingly. However, the Engineer-in-charge by notice in writing will be at liberty to cancel

his order to carry out such class of work and arrange to carry out it in such manner, as he may

consider advisable.

6.12 Any extra quantity of work already awarded will not come within the scope of 'Extra work'.

6.13 It is stressed that the Contractor shall not resort to stoppage of work pending an agreement ofrates for extra work.

6.14 SETTING OUT OF WORKS: The Site Engineer shall furnish the Contractor with only thecenter line of the trench to be excavated and the Contractor shall set out all other works

relevant as directed by the Engineer-in-Charge and shall provide sufficient staff for the

purpose and shall be solely responsible for the accuracy of such setting out.

6.15 Trenching and pipe laying shall start from one direction of the awarded section only.Contractor shall take all precautions and steps not to leave any patches in between. After

completion of first one km only, contractor shall be allowed to start work of trenching andpipe laying to next km.

6.16 All the clauses in this Bid document relating to cable pulling, digging of joint pits/manholes and associated works will apply only if it is specifically mentioned in the NIT, that

such works are to be carried out by the trenching contractor.



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6.17 It will be responsibility of the contractor to obtain permission for trenching/digging/Pullingetc from concerned municipal/panchayat/PWD/Highway authority. Necessary help will be

accorded by concerned engineering officer/ work in charge.

7. EXTENSION OF THE TIME LIMIT:7.1 General

7.1.1 In each work order, the work order, the work order issuing authority shall specify the timeallowed for completion of work consistent with the magnitude and urgency of work. The time

allowed for carrying out the work is to be strictly observed by the contractor and shall be

reckoned from seventh day from the date of issue of work order.

7.1.2 In as much as the time being deemed to be the essence of contract, throughout the stipulatedperiod of contract, the work is to be proceeded with all due diligence on the part of the

contractor.

7.2 Application for Extension of the Time and Sanction of Extension of time (EOT) :7.2.1 There may be some hindrances, other than covered under force majeure, while execution of work

and in such cases the contractor shall apply in writing in the prescribed form (Part-a) to the

engineer-in-charge for extension of time (EOT), on account of which he desires such extension

within three days of occurrence of hindrance. The Engineer-in-charge shall forward the request

to the competent authority (an officer of the rank of JAG level in-charge of cable construction

prescribed Form (Part-b) within three days of receipt of request from the contractor. The

competent authority is empowered to grant extension of time for completion of work on certain

conditions. He shall exercise such powers, if the following conditions are satisfied.

7.2.1.1 The application contains the ground(s), which hindered the contractor in execution ofwork.

7.2.1.2 The Engineer-in-charge is of the opinion that the grounds shown for extension of time arereasonable.

7.2.2 The competent authority shall consider the request keeping all the facts and circumstancesin view and shall grant extension of time, if in his opinion, there are reasonable and

sufficient grounds for granting such extension and the reasons for delay are not ascribable

to the contractor.

7.2.3 The competent authority may also grant extension of time for completion of work in cases

where reasons for delay are ascribable to the contractor, but such extension of time shall bewith LD charges as per clause dealing with penalty for delays in execution of works. The

extension of time with LD charges shall be issued under the signature of JAG level

Telecom. Officer competent to grant the extension of time.

7.2.4 The competent authority shall grant EOT with time period for completion of workexpressly mentioned. The sanction of the competent Authority of EOT shall be issued

under the signature of the Engineer in-charge.

7.2.5 If the competent authority is of the opinion that the grounds shown by the contractors arenot reasonable and sufficient and declines to grant the extension of time, the contractor

cannot challenge the soundness of the opinion by reference to arbitration. The decision of

the competent authority on period of extension of time or refusal for extension of timeshall be final and binding on the contractor.

7.3 Grant of Extension of Time without Applications:

7.3.1 There are, at times, practical difficulties like non-availability of materials, delay in providingpermissions/right of way etc, reasons of which are ascribable to the BSNL. In such cases, the

Engineer-in-charge with the approval of competent authority to sanction EOT, may issue


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extension of time sue motto without waiting for contractor to make an application for EOT. Entry

of hindrances shall be made in the Hindrance Register. The BSNL will, however not be liable to

the contractor for any losses or damages, costs, charges, or expenses that the contractor may in

any way sustain/suffer due to delay in making the above available.

7.3.2 The contractor shall not be justified in abandoning the contract because the BSNL has delayedmaking payments in respect of other work being done for the BSNL by the contractor.

8. MEASUREMENT, INSPECTION, TESTING AND ACCEPTANCE TESTING:8.1 Measurement:

8.1.1 The measurement books are to be maintained by the officer in-charge of the work or hisimmediate engineering subordinate not below the rank of Junior Telecom Officer. The entry shall

be made in ink. No entry shall be erased. If a mistake is made, it should be corrected by crossing

out the incorrect words or figures and inserting the corrections, the corrections thus made shall be

initialed & dated by the officer concerned.

8.1.2 Responsibility of taking and recording measurements:

(a) The Contractor shall give not less than seven days notice in writing to the Engineer-in-chargeor his subordinate in charge of the work before covering up or otherwise placing beyond

reach of measurements any work in order that the same may be measured & correct

dimensions thereof be taken before the same is so covered up or placed beyond the reach of

measurement and shall not cover up & place beyond reach of measurement, any work

without the consent in writing of the Engineer-in-charge or his subordinate in charge of the

work. The Engineer-in-charge or his subordinate in charge of the work shall within aforesaid

period of seven days inspect the work, and if any work shall be covered up or placed beyondthe reach of measurement without such notice having been given or the Engineer-in-charge's

consent being obtained, the same shall be uncovered at the Contractors expense, or in default

thereof no payment or allowance shall be made for such work or the materials with which the

same was executed.

(b) The measurement of various items of work shall be taken and recorded in the measurementbook issued with each work order. The measurement shall be taken and recorded by an

officer not below the rank of Junior Telecom Officer, supervising the work. The Junior

Telecom Officer/Sub Divisional Engineer, directly responsible for supervision of work, shall

be responsible for accuracy of 100% of measurements. The Sub Divisional Engineer where

Junior Telecom Officer is supervising officer shall be responsible for conducting test check

of 50% of measurements. The Divisional Engineer shall be responsible for conducting test

check of 10% of measurements.

(c) If contractor executing without or away from marking and not following the instructions ofsite engineer such work shall not be recorded in the measurement book and no payment shall

be made for such work.

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Transcript of 240_2011-10-21_642072