Telecom Circle
BSNL Andaman & Nicobar Telecom Circle Telephone Bhavan Port Blair 744101. (Visit us at www.Andaman-nicobar.bsnl.co.in) Price of bid document: Rs. 500.
Page 1 of 49 Read, understood and complied. Signature of Director of Agency/Firm with date
Tender for Security Services (through Exservicemen) in BSNL Andaman & Nicobar Circle Section 1
Contents
Section 1..............................................................................................................................................3 Notice Inviting Tender..................................................................................................................3 Section 2..............................................................................................................................................6 Bidders Covering Letter..............................................................................................................6 Section 3..............................................................................................................................................7 Bidders Profile..............................................................................................................................7 Section 4..............................................................................................................................................9 Instruction to Bidders...................................................................................................................9 The BSNL shall evaluate based on the consolidated Rate per month ( Section 13 - Annexure 2 Financial Bid - Schedule of Rates) quoted by the bidder in the bids previously determined to be substantially responsive pursuant to clause 17.................................................................................15 Section 5............................................................................................................................................18 Terms & Conditions of the Contract.........................................................................................18 Section 6............................................................................................................................................25 Special Conditions of Contract...................................................................................................25 Section 7............................................................................................................................................33 Scope of Work and Jurisdiction of Contract............................................................................33 Section 8............................................................................................................................................37 Agreement....................................................................................................................................37 Section 9............................................................................................................................................40 Bidder's Declaration....................................................................................................................40 Section 10..........................................................................................................................................42 Check List for Bidders................................................................................................................42 Section 11..........................................................................................................................................43 List of the Documents to be Submitted......................................................................................43 Section 12..........................................................................................................................................44 Letter of Authorization for Attending Bid Opening................................................................44 Section 13..........................................................................................................................................45 Financial Bid - General...............................................................................................................45 Section 13 - Annexure 1....................................................................................................................46 Financial Bid Covering Letter.................................................................................................46 Section 13 - Annexure 2....................................................................................................................47 Financial Bid - Schedule of Rates...............................................................................................47
Page 2 of 49 Read, understood and complied. Signature of Director of Agency/Firm with date
Tender for Security Services (through Exservicemen) in BSNL Andaman & Nicobar Circle Section 1
Office of the Chief General Manager, BSNL, Port Blair Dated at Port Blair on 09 March 2010 NIT No: BSNL/A&N/Security/Tender/2009-10/3 Tender for Security Services (through Exservicemen) in BSNL Andaman & Nicobar Telecom Circle For and on behalf of Bharat Sanchar Nigam Limited, sealed tenders (sealed with packing/ PVC tape/sealing wax) are invited, from the eligible DGR* approved security agencies for the following work: 1. Name of work: Security Services (through Ex-servicemen) in BSNL Andaman & Nicobar Telecom Circle
2. Area of contract & eligibility: Area A&N Teleco m Circle 3. Principal Employer Asst. General Manager (Admn) Eligibility Class of Contractors DGR*Security services (through exapproved servicemen) under jurisdiction of security BSNL A&N Telecom Circle agencies * Directorate General of Resettlement, Govt. of India Nomenclature of Works
Approximate value of works: Rs. 2003596/(estimated cost i.e. EC) (Rupees Twenty lakhs three thousand five hundred ninety-six only). Estimated number of workers required to perform the contract job work put to tender is 15 (Fifteen ), which is subject to change as per BSNLs job requirements.
4. 5
Rs. 500. (Rupees five hundred only) NonRs. 40072/-. (Rupees forty thousand seventytwo only).
(b) Performance Security: Rs. 100180/-. (Rupees one lakh one hundred eighty only). 6. Period of contract: One year from the date of agreement (until otherwise specified) subject to extension as specified in the bid document.
Page 3 of 49 Read, understood and complied. Signature of Director of Agency/Firm with date
7.
Tender for Security Services (through Exservicemen) in BSNL Andaman & Nicobar Circle Section 1 Sale of bid document: Bid documents containing detailed description of work and terms & conditions will be available from AGM (Admn.), O/o CGM, BSNL, A&N. Telecom Circle, 1st Floor, Telephone Bhavan, Port Blair - 744101 during all working days between 1030 hrs. to 1700 hrs. upto 26-03-2010 Bid document can be purchased by paying cost of bid document (Rs. 500.) through crossed Demand Draft or Pay Order from a nationalized/scheduled bank drawn in favour of Sr. Accounts officer (Cash), O/o CGM, A&N. Telecom Circle, Port Blair payable at Port Blair
8. 9.
1500 hrs. on
27-03-2010
Time and date of bid opening: 1530 hrs. on 27-03-2010 (If a holiday is declared on the day of opening of the tender then the same will be opened on next working day.) 10. Place of opening of bid: O/o AGM (Admn.), BSNL, A&N. Telecom Circle, 1st Floor, Telephone Bhavan, Port Blair 744101. 90 days from date of bid Tenders should be dropped at the tender box placed O/o CGM, BSNL, A&N. Telecom Circle, 1st Floor, (near chamber of AGM (Admn.)),Telephone Bhavan, Port Blair 744101.
13. Bid document can also be downloaded from our website: www.Andaman-nicobar.bsnl.co.in. A crossed demand draft of Rs 500. drawn on any nationalized/scheduled bank in favour of Sr. A.O. (Cash ), BSNL, A &N Telecom Circle, Port Blair payable at Port Blair has to be submitted along with the tender form at the time of submitting the bid.
14. The bid, which is not accompanied by the requisite Bid Security (EMD) or
the bid document cost (in case of download from web-site), is liable to be rejected. Tender will not be accepted/received after expiry of due date and time.
15. The Chief General Manager, BSNL, A&N Telecom Circle, Telephone
Bhavan, Port Blair, reserves the right to reject any or all bids without assigning any reason whatsoever. Asst. General Manager (Admn.) O/o Chief General Manager BSNL, A&N Telecom Circle Telephone Bhavan, Port Blair - 744101. Fax no.: 03192 239600 Page 4 of 49 Read, understood and complied. Signature of Director of Agency/Firm with date
Tender for Security Services (through Exservicemen) in BSNL Andaman & Nicobar Circle Section 1 Tel. no.: 03192 230024 Email: agmadmin@bsnl.co.in
Page 5 of 49 Read, understood and complied. Signature of Director of Agency/Firm with date
Tender for Security Services (through Exservicemen) in BSNL Andaman & Nicobar Circle Section 1
Page 6 of 49 Read, understood and complied. Signature of Director of Agency/Firm with date
Tender for Security Services (through Exservicemen) in BSNL Andaman & Nicobar Circle Section 1
1. Name of the bidder/firm: ______________________ 2. Name of proprietor/partners/directors: 3. Address of the registered office of the firm: .. Landmark: Tel nos. (with STD code) (office) . (Fax) (Res) . 4. Address of local office in Andaman & Nicobar: Landmark: Tel nos. (with STD code) (office) . (Fax) (Res) . 5. DGR registration no.: 6. PAN no.: 7. Bankers name & bank a/c no. of the firm / agency 8. Service tax regn. no.: 9. EPF regn. no.: 10 ESI regn. no.: 11. Bidders experience certificate details: Category: _________________________________ Number: _________________________________ Issuing organisation: _________________________________ Issued on: _________________________________ Valid up to: _________________________________ 12. Name of the person submitting the tender whose photograph is affixed: Shri/smt.______________________________________ (In case of proprietary/partnership firms, the tender has to be signed by proprietor/partner only.) 13. Valid email address for communication: Page 7 of 49 Read, understood and complied. Signature of Director of Agency/Firm with date
Tender for Security Services (through Exservicemen) in BSNL Andaman & Nicobar Circle Section 1 Note: Addresses/phone numbers given above are subject to verification.
Page 8 of 49 Read, understood and complied. Signature of Director of Agency/Firm with date
Tender for Security Services (through Exservicemen) in BSNL Andaman & Nicobar Circle Section 1
Bid Documents
The security contract works to be carried out, bidding procedures and contract terms are prescribed in the bid documents. The bid documents include: 2.1 2.1.1 2.1.2 2.1.3 2.1.4 2.1.5 2.1.6 2.1.7 2.1.8 2.1.9 2.1.10 2.2 Qualifying Bid Notice inviting tender Bid form Bidders profile Instruction to bidders General (commercial) conditions of the contract Special conditions of contract Scope of work and jurisdiction of the contract Agreement (proforma) Letter of authorization for attending bid opening List of documents to be submitted along with the qualifying bid Financial Bid Schedule of Rates- for carrying out various contract security works.
The bidder is expected to examine all instructions, forms, terms and specifications in the bid documents. Failure to furnish all information required as per the bid documents or submission of bids not substantially responsive to the bid documents in every respect will be at the bidder's risk and may result in rejection of the bid.
Tender for Security Services (through Exservicemen) in BSNL Andaman & Nicobar Circle Section 1 whether suo moto or in response to a clarification requested by a prospective bidder, modify the bid documents by amendments. 4.2 The amendments shall be notified in writing or by fax to all prospective bidders on the address intimated at the time of purchase of bid document from BSNL and these amendments will be binding on them. In order to afford prospective bidders reasonable time to take the amendments into account in preparing their bids, BSNL may, at its discretion, extend the deadline for the submission/opening of bids suitably.
4.3
Cost of Bidding
The bidder shall bear all costs associated with the preparation and submission of the bid. BSNL, will in no case, be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process.
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Tender for Security Services (through Exservicemen) in BSNL Andaman & Nicobar Circle Section 1 (Rupees forty thousand seventytwo only). No interest shall be paid by BSNL on this amount for any period, whatsoever. 7.2 Bid Security (EMD) shall be paid in the form of crossed demand draft or pay order from a nationalized/scheduled bank drawn in favour of Sr. Accounts Officer (Cash), O/o CGM, A&N Telecom Circle, Port Blair payable at Port Blair. A bid not secured in accordance with para 7.1 &. 7.3 is liable to be rejected by BSNL as non-responsive. The bid security of the unsuccessful bidder will be refunded as soon as possible but not later than 90 days after the expiry of the period of bid validity prescribed by BSNL. The successful bidder's bid security (EMD) will be refunded after the Performance Security deposit in accordance with clause 5.2 of Section 5 is received. The bid security (EMD) may be forfeited under the following conditions: 7.6.1. If a bidder withdraws his bid during the period of bid validity specified in the bid document, or 7.6.2 If the bidder makes any modifications in the terms and conditions of the tender before acceptance of the tender, which are not acceptable to BSNL, or 7.6.3 In case of a successful bidder, if the bidder fails to sign the agreement in accordance with clause 24.
7.3 7.4
7.5 7.6
Bid Prices
8.1 Prices shall be quoted by the bidder as amount (in Rs.) as well as percentage rate (wherever relevant/applicable) in Financial Bid. In case of discrepancy, the percentage figure shall prevail. The rates quoted are inclusive of all statutory/taxation liabilities in force at the time of submission of bid, except service tax. Service tax paid, if any, will be reimbursed on actual on production of receipt. The price quoted by the bidder shall ordinarily remain fixed during the entire period of contract and shall be subject to variation to a limited extent only under the conditions specified below. The bid should not be submitted with an adjustable price quotation since it is already taken care of here.
8.2
8.3
Price variation shall be applied only in case there is a change in the following parameters, caused by direct govt. action or legislation:
Parameter 1: minimum wages/allowances (as stipulated by the govt./DGR) Parameter 2: rate of employers EPF contribution (as stipulated by the govt.) Parameter 3: rate of employers ESI contribution (as stipulated by the govt.)
In that case, the respective items 1, 2, 3 only of Section 13 - Annexure 3 Financial Bid Page 11 of 49 Read, understood and complied. Signature of Director of Agency/Firm with date
Tender for Security Services (through Exservicemen) in BSNL Andaman & Nicobar Circle Section 1 Rate Calculation shall be modified as a result of the above-mentioned change, and the monthly amount recalculated accordingly. The base values of the parameters will be the values prevailing on the due date of bid opening. Documentary evidence has to be produced by the party seeking the revision. Revised pricing shall be given effect to only from the date of effect of the new rates as declared by the govt. This price revision shall not give any right to the other bidders (who were not the lowest at the time of bid opening) to be reconsidered or their bids to be re-evaluated. In this matter, the decision of the competent authority in BSNL (Head of Circle) shall be final and binding. 8.4 Discount, if any, offered by the bidders shall not be considered unless they are specifically indicated in the Financial Bid. Bidders desiring to offer discount shall therefore modify their offers suitably while quoting and shall quote clearly net price taking all such factors like discount, free supply, etc., into account.
Signing of Bids
10.1 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. No part of this document should be retained by the bidder. Note: The bidder is advised to keep a photocopy (at his own cost) of the bid documents for his own reference. 10.2 The bid shall contain no inter-lineation, erasures or overwriting except as necessary to correct errors made by the bidder in which case such corrections shall be signed with date by the person or persons signing the bid.
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Tender for Security Services (through Exservicemen) in BSNL Andaman & Nicobar Circle Section 1 Third Financial Bid Rates duly quoted by the bidder in the prescribed format
On all these envelopes the name of the firm and whether "Bid Security" OR "Qualifying Bid" OR "Financial Bid must be clearly mentioned and should be properly sealed (with sealing wax/packing PVC tape). These envelopes are to be placed inside an outer envelope and properly sealed (with sealing wax/Packing/PVC tape). The tenders which are not submitted in above-mentioned manner are liable to be rejected. 11.2 All envelopes (three inner & one outer) must bear the following labelling: Tender for Security Services (through Exservicemen) in Andaman & Nicobar Telecom Circle (Tender No. BSNL/A&N/ Security/Tender/2009-10/3) "Not to be Opened Before (write tender opening date)" ii) Tender must contain the reference to the tender inviting notice and is to be addressed to Chief General Manager, BSNL, A&N Telecom Circle, Telephone Bhavan, Port Blair - 744101. The inner and outer envelopes shall indicate the name and address of the bidder to enable the bid to be returned unopened in case it is declared LATE, at the bottom left corner of the envelope.
iii)
11.3 The bidder will be bound by all terms, conditions & specifications as detailed in the tender documents 11.4 Any tender with conditions other than those specified in the tender document is liable to be rejected. No modification by the contractor in any of the conditions will be permitted after the tender is opened.
Submission of Bids
12.1 Tenders should be dropped in person in the tender box placed in the office of Chief General Manager, BSNL, A&N Telecom Circle, 1st Floor, Telephone Bhavan, Port Blair - 744101 before the closing (date & time) of tender, as mentioned in NIT. The Bidder is to ensure the delivery of the bids at the correct address. BSNL shall not be held responsible for delivery of bid to the wrong address or delay in delivery. The slit of the tender box will be sealed immediately after the specified time for receipt of tender. Any tender presented after the sealing of box will not be received by Chief General Manager, BSNL, A&N Telecom Circle, Telephone Bhavan, Port Blair - 744101 or by any of the subordinates or will not be allowed to be deposited in the tender box. Postponement of Tender Opening If the date of opening of bids is declared as holiday, or cannot be opened for any other reason, the bids will be opened on the next working date at the same time and venue.
12.2
Late Bids
Page 13 of 49 Read, understood and complied. Signature of Director of Agency/Firm with date
Tender for Security Services (through Exservicemen) in BSNL Andaman & Nicobar Circle Section 1 13.1 Tenders will not be received after the specified time of closing of the tender and the same liable to be rejected and returned unopened to the bidder. It is the sole responsibility of the bidder to ensure timely submission of tender.
14.2
15.2. A maximum of two (2) representatives for any bidder shall be authorized and permitted to attend the bid opening. 15.3 The bids shall be opened in the following manner: 15.3.1 The bid opening committee shall count the number of bids and assign serial numbers to the bids. For example, if 10 tenders have been received the bids shall be numbered as 1 of 10, 2 of 10, etc. All the members shall initial on the outer envelopes of all the bids with date. 15.3.2 The envelopes containing the tender offer and not properly sealed, as required under para 15.3.1 shall not be opened and shall be rejected outright. Closing the cover just by gumming will not be treated as sealing. The reasons for not opening such tender offers shall be recorded on the face of the envelope and all the members of bid opening committee shall initial with date. 15.3.3 First the outer envelope containing the three envelopes be opened. The bid opening committee shall initial on all three envelopes with date. 15.3.4 Among these three envelopes, the envelope marked BID SECURITY shall be opened first and examined. 15.3.5 The bidders who have submitted proper bid (EMD) as per tender document, their "Qualifying Bid" shall be opened and papers/documents submitted by the bidder shall be examined and recorded by the TOC. After opening the qualifying bid, all the documents contained therein shall be serially numbered and signed by the bid opening committee members. 15.3.6 The bidders who have submitted all necessary documents for Qualifying Page 14 of 49 Read, understood and complied. Signature of Director of Agency/Firm with date
Tender for Security Services (through Exservicemen) in BSNL Andaman & Nicobar Circle Section 1 bids, their Financial Bids will be opened. 15.4 The Financial Bid shall be opened in the following manner: 15.4.1 The envelope marked "Financial Bid," will be opened only for qualified tenders in "Qualifying bid". Hence, the envelope containing the financial bid may be opened subsequent to the opening of the qualifying bid. 15.4.2 After opening the "Financial Bid" the bidder's name, bid prices, modifications, bid withdrawals and such other details as BSNL, at its discretion, may consider appropriate; will be announced at the opening. 15.4.3 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.
Preliminary Evaluation
17.1 BSNL shall evaluate the bids to determine whether they are complete, whether any computational error have been made, whether required sureties have been furnished, whether the documents have been properly signed and whether the bids are generally in order. If there is discrepancy between words and figures, the amount in words shall prevail. If the contractor does not accept the correction of the errors, his bid is liable to be rejected. Prior to the detailed evaluation, pursuant to clause 18, the BSNL will determine the substantial responsiveness of each bid to the bid document. For purpose of these clauses a substantially responsive bid is one which conforms to all the terms and conditions of the bid documents without deviations.
17.2
17.3.1
Contacting BSNL
19.1 19.2 Subject to clause 16 no bidder shall try to influence 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 BSNL during bid evaluation, Read, understood and complied. Signature of Director of Agency/Firm with date
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Tender for Security Services (through Exservicemen) in BSNL Andaman & Nicobar Circle Section 1 bid comparison or the contract award decisions shall result in the rejection of the bid.
Award of Contract
20.1 20.2 The BSNL shall consider award of contract only to those eligible bidders whose offers have been found technically, commercially and financially acceptable. Tender will be finalized based on the suitability of the agency with reference to the prescribed criteria and competitiveness of the service charges quoted. Tenderers are advised to quote service charges at competitive rates. The work against the tender is for one year requirement and the terms and conditions of this tender shall be operative for a period of one year from the date of signing of agreement between the BSNL and the contractor.
20.3
BSNLs Right to Accept Any Bid and to Reject Any or All Bids and Distribution of Works to Multiple Bidders
22.1 BSNL reserves the right to accept or reject any bid and to annul the bidding process and reject all bids, at any time prior to award of contract without assigning any reason what-so-ever and without thereby incurring any liability to the affected bidder or bidders on the grounds for BSNL's action. It becomes, sometimes necessary to sustain multiple bidders (contractors) for distribution of works. The distribution policy will be determined by BSNL.
22.2
Signing of Agreement
The successful tenderer will be required to execute an agreement in a stamp paper of Rs. 100. The signing of agreement shall constitute the award of contract on the bidder. The agreement with the successful bidder shall be signed by BSNL within a week of acceptance of Letter of Intent as per clause 23.2 above. Page 16 of 49 Read, understood and complied. Signature of Director of Agency/Firm with date
Tender for Security Services (through Exservicemen) in BSNL Andaman & Nicobar Circle Section 1
Annulment of Award
Failure of the successful bidder to comply with the requirement of clause 23 & 24 shall constitute sufficient ground for the annulment of the award and forfeiture of the bid security (EMD), in which event, BSNL may make the award to any other bidder at the discretion of BSNL or call for new bids.
Minor Infirmity
BSNL may waive any minor infirmity or non-conformity or irregularity in a bid, which does not constitute a material deviation, provided such waiver doesnt prejudice or effect the relative ranking of any bidder.
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Tender for Security Services (through Exservicemen) in BSNL Andaman & Nicobar Circle Section 1
Section 5 Terms & Conditions of the Contract (General & Commercial) 1. Application
These general conditions shall apply in contracts made by BSNL for the execution of carrying out various security contract works.
Standards
The works to be executed under the contract shall conform to the standards prescribed in carrying out various security works specifications of this document.
Prices
Price once fixed will generally remain valid for the period of contract, except for limited variation only as specified in Section 4 Clause 8.
Subcontracts
The contractor shall not assign, sub-contract the whole or any part of the works covered by the contract, under any circumstances, without the written consent of BSNL.
Security
5.1 Performance Security The successful bidder/bidders will have to furnish security for 5% of the estimated cost in the form of bank guarantee valid up to and including six months after the period of contract from a nationalized/scheduled bank before agreement. If the work is awarded to more than one contractor, the security amount as mentioned above will be divided among the number of contractors, on prorate basis. The security deposit (SD) is required to protect the BSNL against the risk of bidders conduct and will be forfeited in part/whole, in case of: a) b) c) d) Unsatisfactory service. Theft or misappropriation of articles of the BSNL. Damage caused to BSNL assets and damage/loss to store issued Withdrawal of the successful bidder from the contract before its expiry without giving proper notice as specified in the terms & conditions of this tender document. or all or some of the above.
e)
The security will be released within a month from the date of payment of final bill on production of no due certificate from the competent authority.
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Tender for Security Services (through Exservicemen) in BSNL Andaman & Nicobar Circle Section 1
6.5
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Tender for Security Services (through Exservicemen) in BSNL Andaman & Nicobar Circle Section 1
Payment Terms
Bills are to be prepared by the contractor and are to be submitted to officer in charge who has awarded the work orders. After submission of the bills, these will be processed observing formalities laid down by BSNL and finally these will be sent to respective accounts officers for effecting payment. At the time of claiming the monthly payment, the contractor must submit proof regarding deposition of EPF (& ESI if applicable) contribution for the previous month, as well as a declaration of having complied with all governmental regulations in respect of the manpower employed for the aforesaid security contract. The agency should make arrangements to disburse wages to the security guards through bank account in the name of the security guards and evidence of such disbursement should be submitted along with the bill for the following month. Photocopies of payment towards ESI & EPFO should also be submitted along with the bill for the following month. The agency should also submit copies of returns submitted to the ESIC/ EPFO for the relevant contribution periods duly identifying the names of the security guards provided to ESIC.
Penalty Clause
Penalty as deem fit by BSNL authority, for non-completion of the work in time shall be recoverable from the bills of the contractor/or by adjustment from security deposit. If it is found that any property of BSNL is lost/ damaged due to the negligence or connivance of the security guards the same shall be made good on the depreciated value of the property damaged/ lost from the security agencies bill. In case of any loss/theft of Govt. property, the Security Committee will consider the circumstances leading to the loss/theft and if the responsibility is fixed upon the Agency by the Committee, the Agency will make good the loss within a specified period or else deduction of the cost will be made from the following month's bill. Responsibility for protection of BSNL assets/property will be of Agency. In the event of theft, the amount towards the same shall be recovered from the Agency or encashment of the performance bank guarantee. For any breach of contract, the authority of BSNL A&N circle or duly constituted Security Committee, shall be entitled to impose a penalty to the extent of Rs.l0,000. on the first occasion upon the Agency in the event of breach, violation or contravention of any of the terms and conditions contained herein brought to the notice of the Committee. Failure to follow statutory provisions of PF, ESI, minimum wages and other laws related to labour welfare will lead to termination of contract with immediate effect. Penalties for any other lapses would also be levied at the discretion of BSNL, such as: 1.1.1. 1.1.2. If the personnel are not found in proper uniform and displaying photo identity card. If the personnel found indulging in smoking/drinking/sleeping during duty hours.
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Tender for Security Services (through Exservicemen) in BSNL Andaman & Nicobar Circle Section 1 1.1.3. If the personnel found performing double duty within 24 hours without prior approval. 1.1.4. 1.1.5. 1.1.6. 1.1.7. 1.1.8. 1.1.9. 1.1.10. If any Guard/Supervisor found performing duty, submitting a fake name and address. If any personnel is found on duty other than those mentioned in the approved list supplied by the agency to the BSNL authorities. Security Guards found sleeping while on duty. Posting the same personnel continuously for 7 days a week without reliever. Allowing materials to go out without security check. Allowing people inside BSNL units without valid reason Misbehavior of the security personal appointed by the agency while on duty like quarrelling, arguing, abusing etc., among the security personal employed by the agency and causing disturbance in the premises. Refusing to carry out the functions instructed to be performed by BSNL officials. Intercepting the belonging of the occupants in their absence and pilfering or stealing goods/properties from the office and immediate replacement of the guard. Misuse of telephone, allowing the phones to be used by outsiders. Misbehaving with neighbours. Lending BSNL assets/materials to outsiders without express permission of BSNL officials
1.1.11. 1.1.12.
Penal deduction will be made for any other poor services on the basis of assessment by BSNL representative. The decision of BSNL in the implementation of above penalties will be final and unquestionable. 1.2. The bidder will be bound by the details furnished by him/her to BSNL, while submitting the bid or at subsequent stage. In case, any of such documents furnished by him/her is found to be false at any stage, it would be deemed to be a breach of terms of contract making him/her liable for legal action besides termination of contract.
Rescission/Termination of Contract
11.1 Circumstances for rescission of contract Under the following conditions the competent authority may rescind the contract: a) If the contractor commits breach of any item of terms and conditions of the contract. b) If the contractor suspends or abandons the execution of work and the officer in-charge of the work comes to conclusion that work could not be completed by due date for completion or the contractor had already failed to complete the work by that date. c) If the contractor had been given by the officer-in-charge of work a notice in writing to any defective work and he/she fails to comply with the requirement Read, understood and complied. Signature of Director of Agency/Firm with date
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Tender for Security Services (through Exservicemen) in BSNL Andaman & Nicobar Circle Section 1 within the specified period. 11.2 Upon rescission of the contract, the security deposit of the contractor shall be liable to be forfeited and shall be absolutely at the disposal of BSNL as under 11.2.1 The un-executed work shall be got executed through other qualified bidders, who participated in the bidding process, by giving them offers in their order of ranking at L1 rates. 11.2.2 The certificate of the officer in-charge of work as to the value of work done shall be final and conclusive against the contractor, provided always that action shall only be taken after giving notice In writing to the contractor. 11.3 11.3.1 Termination for insolvency BSNL may at any time terminate the Contract by giving written notice to the contractor, without compensation to contractor, if the contractor becomes, bankrupt or otherwise insolvent as declared by the competent court provided that such termination will not prejudice or affect any right or action or remedy which has accrued or will accrue thereafter to BSNL. Optional Termination by BSNL (Other than due default of the contractor) The BSNL may, at any time, at its option cancel and terminate this contract by written notice of one month to the contractor, in which event the contractor shall be entitled to payment for the work done up to the time of such cancellation and a reasonable compensation in accordance with the contract prices for any additional expenses already incurred for balance work exclusive of purchases and/or whole of material, for use in or in respect of the work. In the event of the termination of the contract, the contractor shall forthwith clear the site of all the contractor's materials and hand over possession of the work concerned to the BSNL or as the BSNL may direct. The BSNL may, at its option, cancel or omit the execution of one or more items of work under this contract and may part of such items without any compensation whatsoever to the contractor. Issuance of Notice The officer in-charge of work shall issue show cause notice giving details of lapses, violation of terms and conditions of the contract, wrongful delays or suspension of work or slow progress to the contractor directing the contractor to take corrective action. A definite time schedule for corrective action shall be mentioned in the show cause notice. If the contractor fails to take corrective action within the stipulated time frame, the officer in-charge shall submit a draft of final notice along with a detailed report to the competent authority who had accepted the contract. The final notice for rescission of contract to the contractor shall expressly state the precise date and time from which the rescission would become effective. The following safe guards shall be taken while issuing the final notice. During the period of service of notice and its effectiveness, the contractor should not be allowed to remove from the site any material belonging to BSNL. The contractor shall give in writing the materials he would like to take away/remove from the site. Such of the materials as belong to him and which may not be required for future execution of balance work may be allowed by the officer in-charge of work to be removed with proper records.
11.4 11.4.1
11.4.2
11.4.3
11.5 11.5.1
11.5.2
11.5.3
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Tender for Security Services (through Exservicemen) in BSNL Andaman & Nicobar Circle Section 1
Force Majeure
12.1 If any time, during the continuance of this contract, the performance in whole or in part by either party or any obligation under this contract shall be prevented or delayed by reason of any war, or hostility, acts of the public enemy, civil commotion sabotage, fires, floods, explosions, epidemics, quarantine restrictions, strikes, lockouts or act of God (Herein after referred to as events) provided notice of happenings, of any such eventuality is given by either party to the other within 21 days from the date of occurrence thereof, neither party shall by reason of such event be entitled to terminate this contract nor shall either party have any such claim for damages against the other in respect of such non-performance and work under the contract shall be resumed as soon as practicable after such event may come to an end or cease to exist, and the decision of BSNL as to whether the work have been so resumed or not shall be final and conclusive, provided further that if the performance, in whole or part of any obligation under this contract is prevented or delayed by reason of any such event for a period exceeding 60 days either party may, at his option terminate the contract. Provided also that if the contract is terminated under this clause, BSNL shall be at liberty to take over from the contractor at a price to be fixed by BSNL, which shall be final, all unused, undamaged and acceptable materials, bought out components and stores in the course of execution of the contract, in possession of the contractor at the time of such termination of such portions thereof as BSNL may deem fit excepting such materials bought out components and stores as the contracts may with the concurrence of BSNL elect to retain.
12.2
Arbitration
13.1 In the event of any question, or difference arising under this agreement or in connection therewith except as to matter the decision of which is specifically provided under this agreement, the same shall be referred to sole arbitration of the Chief General Manager, A&N Telecom Circle, Port Blair or in case his designation is changed or his office is abolished then In such case to the sole arbitration of the officer for the time being entrusted whether in addition to the functions of the Chief General Manager, A&N Telecom Circle, Port Blair or by whatever designation such officers may be called (hereinafter referred to as the said officer) and if the Chief General Manager, A&N Telecom Circle, Port Blair or the said officer is unable or unwilling to act as such to the sole arbitration or some other person appointed by the Chief General Manager, A&N Telecom Circle, Port Blair or the said officer. The agreement to appoint an arbitrator will be in accordance with the Arbitration and Conciliation Act, 1996. There will be no objection to any such appointment that the arbitrator is a government servant or that he has to deal with the matter to which the agreement relates or that in the course of his duties as government servant he has expressed views on all or any of the matter under dispute. The award of the arbitrator shall be final and binding on the parties. In the event of such arbitrator to whom the matter is originally referred, being transferred or vacating his office or being unable to act for any reasons whatsoever such Chief General Manager or the said officer shall appoint Page 23 of 49 Read, understood and complied. Signature of Director of Agency/Firm with date
Tender for Security Services (through Exservicemen) in BSNL Andaman & Nicobar Circle Section 1 another person to act as arbitrator in accordance with terms of the agreement and the person so appointed shall be entitled to proceed from the stage at which it was left out by his predecessors. 13.2 The arbitrator may from time to time with the consent of parties enlarge the time for making and publishing the award, Subject to aforesaid Indian Arbitration and Conciliation Act 1996 and the Rules made there under, any modification thereof for the time being in force shall be deemed to apply to the arbitration proceeding under this clause. The venue of the arbitration proceeding shall be the office of the Chief General Manager, A&N Telecom Circle, Port Blair or such other Places as the arbitrator may decide. The Following procedure shall be followed: 13.3.1 In case parties are unable to reach a settlement by themselves, the dispute should be submitted or arbitration in accordance with contract agreement 13.3.2 There should not be a joint submission with the contractor to the sole Arbitrator. 13.3.3 Each party should submit its own claim severally and may oppose the claim put forward by the other party 13.3.4 The onus of establishing his claims will be left to the contractor. 13.3.5 Once a claim has been included in the submission by the contractor, a reiteration or modification thereof will be opposed. 13.3.6 The "points of defence" will be based on actual conditions of the contract. 13.3.7 Claims in the nature of ex-gratia payments shall not be entertained by the Arbitrator as these are not contractual 13.3.8 The question whether these conditions are equitable shall not receive any consideration in the preparation of "points of defence". 13.3.9 If the contractor includes such claims in his submission, the fact that they are not contractual will be prominently placed before the Arbitrator The award of the sole Arbitrator shall be final and binding on all the parties to the dispute
13.3
Set off
Any sum of money due and payable to the contractor (including security deposit refundable to him) under this contract may be appropriated by BSNL or any other person or persons contracting through the BSNL and set off the same against any claim of BSNL or such other person or persons for payment of a sum of money arising out of this contract made by the contractor with BSNL or such other person or persons contracting through BSNL.
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Tender for Security Services (through Exservicemen) in BSNL Andaman & Nicobar Circle Section 1
1.6
1.7
1.8
1.9
1.10
1.11
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Tender for Security Services (through Exservicemen) in BSNL Andaman & Nicobar Circle Section 1 register at all locations. The same should be produced for verification as and when required. 1.12 1.13 All security guards should be rotated on continuous basis at different locations as per the directive of BSNL. All security guards being short listed by the Agency may be interviewed and approved by BSNL officials before deployment. Immediate replacement to be provided in case of any rejection. Proper uniform should be given along with badge, belts, shoes, line-guard, etc to the staff employed by the Agency at his cost. The staff will not be allowed inside the BSNL premises without proper uniform Proper fire drill should be carried out on monthly basis. Surprise fire drill should also be undertaken by the agency to test the preparedness of the guards. Agencies shall arrange replacement as necessary at his own expenses in case of sickness, absenteeism, leave of his employees or absence of his personnel for any reason whatsoever. On occasions when due to paucity of men it is not immediately possible in provide suitable relief for an absentee/absentees, he shall see to it that no post is left unmanned and that the remaining security personnel perform extra duties, subject to prior approval from BSNL Administration Department. In the event of an accident to the deployed staff while discharging their duties at BSNL premises, BSNL will not at all be held responsible for the same. Agency will therefore be solely liable for treating his staff/security guard medically. Payment of compensation under the WC Act 1926 Compensation if any Agency should be fully responsible for any type of workman compensation to its employees in the event of any injury ,accident or death etc. Agency should replace immediately such security personnel who do not perform their duties effectively and those who commit acts of indiscipline. For proper management of security guards there should be day & night roster system to be followed for which proper register will be maintained by Agency. In case there is an increase in the requirement of guards by BSNL, the same should be provided by the Agency within three days from the date of requisition on similar terms and conditions. If at any stage, the performance of security guards is found unsatisfactory, BSNL reserves the right to seek his replacement; additional manpower is to be provided by the Agency within 24 hours. The Agency shall be responsible to abide by legal and labour provisions prescribes by Government of India which shall include income tax, insurance, accident, ESI, PF, minimum wages, agency labour, R&A Act etc. The Agency shall ensure PF/ESI contributions deposited every month for each employee and statement of compliance should be submitted to BSNL in subsequent bill . Any change in the minimum wages shall be paid extra as and when announced by the Govt. Corresponding benefits shall also be computed accordingly. The same shall be paid to the Agency only after providing proof of payment of the same by the Agency. Read, understood and complied. Signature of Director of Agency/Firm with date
1.14
1.15 1.16
1.17
1.21
1.22
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Tender for Security Services (through Exservicemen) in BSNL Andaman & Nicobar Circle Section 1 1.23 The Agency should have proper telephone numbers / mobile phone enabling BSNL to contact them at any time. 1.24 The Agency would be responsible for submitting medical reports of all his employees at BSNL offices every six months from the Govt. Hospital to ensure that only medically fit employees are on the job. If at any time after the commencement of the work, BSNL may feel that execution of whole or part of work, as specified in the tender is not required to be carried out, then BSNL shall give notice in writing of the fact to the contractor who shall have no claim to any payment of compensation whatsoever on account of any profit or advantage which he might have derived in consequence of the full amount of the work not having been carried out; neither shall he have any claim for compensation by reason of any alterations having been made in the original specifications, drawings, designs and instructions which shall involve any curtailment of the work as originally contemplated. Whenever any claims against the contractor for the payment of a sum of money arises out of or under the contract, BSNL shall be entitled to recover such sum by appropriating in part or whole the security deposit of the contractor, and to sell any Government promissory notes etc, forming the whole or part of such security or running/final bill pending against any contract with BSNL. In the event of the security being insufficient or if no security has been taken from the contractor, then the balance or the total sum recoverable as the case may be, shall be deducted from any sum then due or which at any time there after may become due to the contractor under this or any other contract with Government. Should this sum be not sufficient to cover the full amount recoverable the contract or shall pay to BSNL on demand the balance remaining due. No official in engineering or administrative duties in an engineering department or any other department of the Government of India is allowed to work as a contractor for a period as specified by government after his retirement from Government service without the previous permission of BSNL. This contract is liable to be cancelled if either the contractor or any of his employee is found at any time to be such a person who hadn't obtained the permission of BSNL as aforesaid before submission of the engagement in the contractors service as the case may be. 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 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 (daughterinlaw), daughter(s) & daughters husband (soninlaw), brother(s) & brothers wife, sister (s) & sisters husband (brotherinlaw). 1.29 1.30 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 bidder should give a certificate that none of his / her such near relative is working in BSNL, A & N Circle. Read, understood and complied. Signature of Director of Agency/Firm with date
1.25
1.26
1.27
1.28
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Tender for Security Services (through Exservicemen) in BSNL Andaman & Nicobar Circle Section 1 1.31 Government of India / Financial Institution nominees and independent non-official Directors appointed by Govt. of India or the Governor of the state are excluded from the purview of submission of certificate in regard to employment of near relatives working in the BSNL while submitting tenders by the limited companies. 1.32 Any breach of this 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 noticed. The company or firm or any other person will also be debarred for further participation in BSNL, A&N Circle tender works. In the event of the contractor being, adjusted insolvent or going voluntarily into liquidation of having received order or other order under insolvency act made against him or in the case of company, of the passing of any resolution, or making of any order for winding up whether voluntarily or otherwise, or in the event of the contractor failing to comply with any of the conditions herein specified, the CGM, A&N Telecom Circle shall have the power to terminate the contract without any notice. Without prejudice to any of the rights or remedies under this contract, if the contractor dies, the CGM, A&N Telecom Circle can terminate the contract without compensation to the contractor. However CGM, A&N Telecom Circle at his discretion may permit contractor's heirs to perform the duties or engagements of the contractor under the contract, in case of his death. In this regard the decision of CGM, A&N Telecom Circle shall be final. In the event of the contractor, winding up his company on account of transfer or merger of his company with any other, the contractor shall make it one of the terms and stipulations of the contract for the transfer of his properties and business, that such other person or company, shall continue to perform the duties or engagement of the contractor under this contract and be subject to his liabilities there under. Interpretation of the contract documents The representative of CGM, A&N Telecom Circle and the contractor shall in so far as possible by mutual consultation, try to decide upon the meaning and intent of the contract document. In-case of disagreement the matter shall be referred to CGMT, A&N Telecom Circle whose decision shall be final. Any change in the contract documents shall be set forth in writing by the representative of the parties hereto. It shall be the contractor's responsibility to thoroughly familiarize all of his supervisory personnel with the contents of all the contract documents. 1.37 Notification The contractor shall give in writing to the proper person or authority with a copy to the officer in-charge such notification as may be mandatory or necessary in connection with the commencement, suspension, resumption, performance and/or completion of the contracted work. All notice shall be given sufficiently in advance of the proposed operation to permit proper co-relation of activities and the contractor shall keep all proper persons or authorities involved and advised of the progress of operations through out the performance of the work and/or with such other information and/or supporting figure and data as may from time to time as directed or required. Page 28 of 49 Read, understood and complied. Signature of Director of Agency/Firm with date
1.33
1.34
1.35
1.36
Tender for Security Services (through Exservicemen) in BSNL Andaman & Nicobar Circle Section 1 1.38 Shut down on account of weather conditions The contractor shall not be entitled to any compensation whatsoever by reason of suspension of the whole or any part of the work made necessary by the Government or deemed advisable on account of bad weather conditions or other Force majeure conditions.
Quality of Work
BSNL shall be the final judge of the quality of the work and the satisfaction of BSNL in respect thereof set forth in the contract documents.
The agency should provide only ex-servicemen as security guards who should be paid wages at the rates approved by the Directorate-General of Resettlement, Ministry of Defence, Govt. of India. The bidder will be required to pay the workers at least the minimum wages as prescribed under the Minimum Wages Act. The bidder shall maintain proper record as required under the Law/Acts. The agency should provide the services of security guards round the clock including holidays. The worker, if deputed for any official work outside, within A&N Telecom Circle shall not be entitled to any other payment other than the actual bus fare incurred for the purpose. The bidder shall ensure that the manpower deployed in A&N Telecom Circle for execution of the service contract conforms to the technical specifications of age and language skills prescribed in Section 7 of this document. The bidder shall furnish the following documents in respect of the individual Attendants who will be deployed by the contractor in this A&N Telecom Circle before the commencement of work Read, understood and complied. Signature of Director of Agency/Firm with date
6.2
6.3
1.1
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Tender for Security Services (through Exservicemen) in BSNL Andaman & Nicobar Circle Section 1 6.3.1 List of workers short listed by agency for deployment by the contractor in A&N Telecom Circle containing full details i.e. date of birth, marital status, address, phone number, mobile number, etc;
1.2
In case, the person employed by the successful bidder commits any act of omission/commission that amounts to misconduct /indiscipline /incompetence /security risks, the successful bidder will be liable to take appropriate disciplinary action against such persons, including their removal from site of work, if required by this office within 2 days of being brought to their notice, failing which it would be assumed as breach of contract which may lead to cancellation of contract. The bidding company shall provide identity cards to the personnel deployed carrying the photograph of the personnel and personal information as to name, date of birth, and identification mark, etc., without carrying any reference (such as logo, etc.) to BSNL. The contractor shall ensure that any details of office, operational process, technical know-how, security arrangements, and administrative/organizational matters are not divulged or disclosed to any person by its personnel deployed in this office. The contractor shall ensure proper conduct of his personnel in office premises, and enforce prohibition of consumption of alcoholic drinks, paan, smoking, loitering without work. In case, person deployed is absent on a particular day or comes late/leaves early on three occasions, one-thirtieth (1/30) of the monthly charges shall be deducted. In case of repetition of such instances, higher penalty will be applicable. The selected contractor shall immediately provide a substitute in the event of any person leaving the job due to his/her personal reasons. The delay by the contractor in providing a substitute beyond two working days shall attract liquidated damages @ Rs. 200. per day (per such case), besides deduction in payment on pro-rata basis. For all intents and purposes, the bidder shall be the Employer within the meaning of different labour legislations in respect of workers so employed and deployed for contractual services. The bidder shall be solely responsible for the redressal of grievances/resolution of disputes relating to person deployed. This office shall, in no way, be responsible for settlement of such issues whatsoever. This office shall not be responsible for any damages, losses, claims, financial or other injury to any person deployed by service providing agency in the course of their performing the functions/duties, or for payment towards any compensation. and any other requirement of contractors manpower for carrying out the contract works. A&N Telecom Circle will have no liability in these regard at any stage.
1.3
1.4
1.5
1.6
1.7
1.8
1.9
1.10 It will be the responsibility of the contractor to meet other transportation, food, medical
1.11 The man power deployed by the contractor shall not have any claims of Master and
Servant relationship vis--vis A&N Telecom Circle nor have any Principal and Agent relationship with or against the A&N Telecom Circle.
1.12 The man power deployed by the contractor for the contract shall not be entitled for
claim, pay, perks and other facilities which may be admissible to casual, ad-hoc Page 30 of 49 Read, understood and complied. Signature of Director of Agency/Firm with date
Tender for Security Services (through Exservicemen) in BSNL Andaman & Nicobar Circle Section 1 regular/confirmed employees of this office, during the currency or after expiry of the contract. In case of termination of the contract also, the persons deployed by the contractor shall not be entitled to any claim for absorption or relaxation for absorption in the regular/otherwise capacity in the BSNL . The contractor should communicate the above to all the manpower deployed in this office by the contractor.
1.13 Payment shall be made only to the contractor and on monthly basis as per actual
services. The contractor has to raise invoices in the first week of the next month for the services rendered in the month.
Legal
7.1 The bidder will be responsible for compliance of all statutory provisions relating to minimum wages, Provident Fund, Employees State Insurance, Workmens Compensation Act, workers welfare, etc. in respect of the persons deployed by it in A&N Telecom Circle. Bidder shall also be liable for depositing all taxes, levies, Cess etc. on account of service rendered by it to A&N Telecom Circle to concerned tax collection authorities from time to time as per extant rules and regulations on the matter. The bidder shall maintain all statutory registers under the applicable Law. The agency shall produce the same, on demand, to the concerned authority of this office or any other authority under Law.
7.2
7.3
7.4. The Tax Deduction at Source (TDS) shall be deducted as per the provisions of Income Tax Department, as amended from time to time and a certificate to this effect shall be provided to the agency by this office. 7.5. In case, the bidder fails to comply with any statutory/taxation liability under appropriate law, and as a result thereof, this office is put to any loss/obligation, monitory or otherwise, this office will be entitled to get itself reimbursed out of the outstanding bills or the Performance Security deposit of the agency, to the extent of the loss or obligation in monetary terms.
.
Tender for Security Services (through Exservicemen) in BSNL Andaman & Nicobar Circle Section 1 promulgated or deemed to be made or promulgated by the Government or BSNL, municipal board, other regulatory or authorised body or persons and shall provide all certificates of compliance there with as may be required by such applicable law. by-laws rules, regulations, orders and/or provisions. The contractor shall assume full responsibility for the payment of all contributions and pay roll taxes, as to its employees, servants or agents engaged in the performance of the work specified in the contract documents. If the contractor shall require any assignee or sub-contractor to share any portion of the work to be performed here under may be assigned, sub-leased or sub-contracted to comply with the provisions of the clause and in this connection the contractor agrees as to undertake to save and hold BSNL harmless and indemnified from and against any/all penalties, actions, suits, losses and damages, claims and demands and costs (inclusive between attorney and client) charges and expenses whatsoever arising out or occasioned, indirectly or directly by failure of the contractor or any assignee or sub-contractor to make full and proper compliance with the said by-laws, rules, regulations, laws and order and provisions as aforesaid.
Non-compliance
In case of breach of any terms and conditions attached to this contract, the Performance Security deposit of the agency will be liable to be forfeited by this office besides annulment of the contract.
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Tender for Security Services (through Exservicemen) in BSNL Andaman & Nicobar Circle Section 1
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Tender for Security Services (through Exservicemen) in BSNL Andaman & Nicobar Circle Section 1 1.16. Prevention of unauthorized entry of personnel including all types of outside vendors in the BSNL premises. 1.17. Prevention of unauthorized entry of vehicles and regulation the traffic within the BSNL premises and ensure that no vehicles are allowed to be parked except at the designated parking place. 1.18. The security guard shall ensure that all the electrical equipments/instruments/lights and fans should be switched off at the time of closure of the office, apart from closing of water taps, windows etc in the evening. 1.19. The security guard should ensure that all the officers cabins, halls, rooms are locked at the close of office and opened at the beginning of office hours and there is safe keeping of the keys. 1.20. Opening of cabins, halls etc, in the morning when sweepers come on working days. During closed hours and on holidays, cabins/halls are to be opened as required by the officers concerned. 1.21. Switching-off lights and fans, closing of water taps, windows etc in the evening. 1.22. The security personnel must be in proper neat and tidy uniform 1.23. The names of the security guards should always be displayed by them on their uniforms for identification purpose. 1.24. The Agency should arrange for surprise checks (during day and night) to check the alertness and attentiveness of the security guard. 1.25. The security guard should check the bags/ briefcases of the visitors if considered necessary. 1.26. The security guards shall at all times comply with all directions and instructions of BSNL. Non-compliance of instructions can lead to termination of agreement. 1.27. The security will cover main gates, all entrance, checking of incoming and outgoing personnel, visitors management, crisis management, and material control (incoming/outgoing). supervise the transport (buses/cars/vans) meant for BSNL employees. Maintain proper registers for material in/out, occurrence register and other statutory records laid down in standing order/circular or through instructions. 1.28. The security personnel should protect all employees, material and property against any loss, damages by mischief, fire, sabotage etc. The security personnel should answer telephone calls, regulate the movement of office personnel after office hours and on holidays. Important messages received after office hours are to be passed to the concerned persons by quickest means of available modes. 1.29. The security persons should be professionally trained in fire safety methods. They should lead the staff in adopting fire safety measures, put off the fire in case of fire and ready to fight the fire using various fire fighting appliances available in BSNL. Immediate action to be taken to secure the services of fire dept. to fight the fire. 1.30. Agency shall ensure that deployed personnel are trained on handling fire arms, metal detectors and other electronic surveillance gadgets. 1.31. Materials on its arrival at BSNL premises will be inspected and proper entry should be made in the registers maintained for this purpose. Similarly, all material moving out of BSNL premises should be accordingly kept track. Weekly / monthly reports should be given to the BSNL representative in this regard.
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Tender for Security Services (through Exservicemen) in BSNL Andaman & Nicobar Circle Section 1 1.32. Any other work connected to security, safety or protection as desired by the BSNL authority. 1.33. Any other activity of skilled/unskilled nature during necessity/exigency.
Estimated number of workers required to perform the contract job work put to tender is 15 (fifteen) . BSNL reserves the right to either increase or decrease this requirement by 25% without any change in the unit rate, as well as terms and conditions. Tentative area-wise distribution is given below:
SN 1 2 3 4 2. Location Port Blair Garacharma Mayabunder Car Nicobar Total No. of Security Guards 12 1 1 1 15
The agency should provide a whistle, torch and lathi to the security guard on duty. The Agency will provide proper uniform, whistle, baton for the day shift workers and five cell torch light and 5 ft. long Stick for staff on night duty in other areas. The party will provide the security guards with uniform,s ocks, boots, and Stationery for writing duty charts etc. The security guards must be rotated from their deployment at an interval of 6 months. Period of contract will be one year from the date of agreement (until otherwise specified) or completion of work put to tender, whichever is earlier - subject to extension as specified in Section 4 Clause 21. The entire personnel deployed for performing the security services should only be 100% comprised exclusively of genuine Indian exservicemen (personnel retired from Army, Navy, Indian Air Force, Coast Guard) or if not available personnel retired from CISF, BSF, ITBP, CRPF, IRB, etc., The proprietor/director of the Agency will visit and meet the BSNL Authority at least once a month, as well as whenever called for. The exservicemen to be engaged should be between 25-50 years in age. The exservicemen to be engaged should be physically and mentally fit should not suffer from a physical handicap/disability. The exservicemen should be able to read and write Hindi and also be able to read addresses and names in English. The genuineness of the exservicemen to be engaged will be the responsibility of the contractor/Agency. If at a later date it is found out that any non-exservicemen have been supplied under the guise of exservicemen, the contractor/Agency will be debarred and the matter reported to DGR and any other govt. agency, apart from the cancellation of the contract without any compensation whatsoever. If necessary, the contractor/Agency will be required to produce the original dischargecertificates of the exservicemen in support of their contention of being genuine exservicemen.
3. 4.
5.
6. 7. 8. 9. 10.
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11.
Tender for Security Services (through Exservicemen) in BSNL Andaman & Nicobar Circle Section 1 Jurisdiction of contract: The jurisdiction of the contract shall be normally within the entire area in A&N Telecom Circle.
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Tender for Security Services (through Exservicemen) in BSNL Andaman & Nicobar Circle Section 1
Section 8 Agreement
The successful bidder shall have to execute the following agreement: This agreement is made on this day of (month) . (year) between M/s. . hereinafter called "the contractor" (which expression shall unless excluded by or repugnant to the context, administrative representative include its assignee) successors, heir, executors, and BSNL. Whereas the and
contractor has offered to enter into contract with BSNL for the execution of security contract work in BSNL, A&N Telecom Circle, on the terms and conditions herein contained and the rates approved by BSNL (copy of rates annexed) have been duly accepted, and whereas the necessary security deposits have been furnished in accordance with the provisions of the tender document, and whereas no interest will be claimed on the security deposits. Now these presents witness and it is hereby agreed and declared by and between the parties to these presents as follows: 1 The contractor shall, during the period of this contract, that is to say from . to .. or completion of work for Rs . (Rupees only) whichever is earlier or until this contract shall be determined by such notice as is hereinafter mentioned, safely carryout, by means of exservicemen employed for works shown in tender documents. It is understood by the contractor that the quantity of work mentioned on the schedule is likely to change as per actual requirements as demanded by exigencies of service. 2 The NIT (notice inviting tender), bid documents (qualifying and financial), letter of intent, approved rates, annexed hereto and such other additional particulars, instructions, work orders as may be found requisite to be given during execution of the work shall be deemed and taken to be an integral part of the contract and shall also be deemed to be included in the expression "The Agreement" or "The Contract" wherever herein used. Page 37 of 49 Read, understood and complied. Signature of Director of Agency/Firm with date
Tender for Security Services (through Exservicemen) in BSNL Andaman & Nicobar Circle Section 1 3 The contractor hereby declares that nobody connected with or in the employment of BSNL is not/shall not ever be admitted as partner in the contract. 4 The contractor shall abide by the terms and conditions, rules, guidelines, job practices, safety precautions etc. stipulated in the tender document including any correspondence between the contractor and BSNL having bearing on execution of work and payments of work to be done under the contract. 5 All the disputes are subject to the jurisdiction of the courts at Port Blair only. In witness whereof the parties presents have hereinto set their respective hands and seals this day and year in .
Signature & stamp of the bidder: Name: . Date: Place.. Above written, signed, sealed & delivered by the above named contractor in the presence of witnesses: 1. 2. Signed & delivered on behalf of BSNL by Signature & stamp: Name: . Date: Place.. Witnesses: 1.
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Tender for Security Services (through Exservicemen) in BSNL Andaman & Nicobar Circle Section 1 2.
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Tender for Security Services (through Exservicemen) in BSNL Andaman & Nicobar Circle Section 1
signatory* of the agency/firm mentioned below, am competent to sign this declaration and execute this tender document; 1. I have carefully read and understood all the terms and conditions of the tender and undertake to abide by them. 2. I hereby certify that none of my relative(s) as defined in the tender document is / are employed in BSNL unit as detailed in the 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 any prior intimation to me. 3. The information and documents furnished along with the above application are true and authentic to the best of my knowledge and belief. I am well aware of the fact that furnishing of any false information or fabricated document would lead to rejection of my tender at any stage besides liabilities towards prosecution under appropriate law. Signature of authorized person: Date: Full Name:
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Tender for Security Services (through Exservicemen) in BSNL Andaman & Nicobar Circle Section 1 Place: Seal: * Strike out whichever is unnecessary.
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Tender for Security Services (through Exservicemen) in BSNL Andaman & Nicobar Circle Section 1
2.
3.
3.1. NIT {in PDF} 3.2. Bid document {in PDF} This file has the complete document content for reference, as well as submission with signature below every page. 3.3. Single MS Word file containing proforma of: 3.3.1. Bidders Covering Letter (as per Section 2) 3.3.2. Bidder's Profile (as per Section 3) 3.3.3. Agreement (as per Section 8) 3.3.4. Bidder's Declaration (as per Section 9) 3.3.5. Letter of Authorisation for Attending Bid Opening (as per Section 12). 3.3.6. Covering Letter (as per Section 13 - Annexure 1) 3.3.7. Schedule of Rates (as per Section 13 - Annexure 2) This file has proforma letters for bidders submission, that can be downloaded, filled in, & printed, signed and submitted as part of the bid package.
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Tender for Security Services (through Exservicemen) in BSNL Andaman & Nicobar Circle Section 1
Bid Security (EMD) in accordance with the tender document. In case document was purchased from BSNL office, original receipt for purchase of bid document. In case document was downloaded from website, cost of bid document (crossed demand draft of Rs 500.)
Second Envelope: Superscribed as Qualifying Bid 4. Attested copy of DGR (Directorate General of Resettlement, Govt. of India) sponsorship letter/registration certificate. 5. Attested copy of PAN/GIR card. 6. Attested copy of Service Tax registration certificate. 7. Attested copy of the EPF registration letter/certificate. 8. Attested copy of the ESI registration letter/certificate (if applicable). 9. Original "Power of Attorney" in case person other than the bidder has signed the tender documents. 10. Tender document, in original, duly filled in and signed by bidder or his authorized representative, along with seal on each page. All corrections and overwriting must be initialled with date by the bidder or his authorized representative. 11. Bidders Covering Letter, (duly filled in, as per Section 2) 12. Bidder's Profile (duly filled in, as per Section 3) 13. Bidder's Declaration (duly filled in, as per Section 9) 14. Any other relevant documents. Third Envelope: Superscribed as Financial Bid 15. Covering Letter (duly filled in, as per Section 13 - Annexure 1) 16. Schedule of Rates (duly filled in, as per Section 13 - Annexure 2) Outer cover (i.e. fourth envelope) should be superscribed as: Tender for Security Services (through Exservicemen) in BSNLAndaman & Nicobar Telecom Circle (Tender No. BSNL/A&N/Security/Tender/2009-10/3) "Not To Be Opened Before (write tender opening date)" Other instructions to be followed are given in Section 4.
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Tender for Security Services (through Exservicemen) in BSNL Andaman & Nicobar Circle Section 1
Section 12 Letter of Authorization for Attending Bid Opening Tender No: BSNL/A&N/Security/Tender/2009-10/3
To The Asst. General Manager (Admn.) BSNL, A&N Telecom Circle, Telephone Bhavan, Port Blair 744101. Dear Sir, Subject: Authorization for attending bid opening on . (date) in the Tender for Security Services (through Exservicemen) in BSNL Andaman & Nicobar Telecom Circle (tender no: BSNL/A&N/ Security /Tender/2009-10/3) Following persons are hereby authorized to attend the bid opening for the tender mentioned above on behalf of_.................................................. (bidder) in order of preference given below. Order of Preference Signature 1. 2. 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 produced. Name Specimen
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Tender for Security Services (through Exservicemen) in BSNL Andaman & Nicobar Circle Section 1
Having examined the tender documents, terms and conditions stipulated therein, specifications of work etc, we the under signed offer to execute the above-mentioned security contract works in conformity with the said specifications and conditions of contract at the schedule rates quoted later in our bid. 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 90 days from the date of opening of bid and it shall remain binding upon us and may be accepted at any time before the expiry of that period.
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Tender for Security Services (through Exservicemen) in BSNL Andaman & Nicobar Circle Section 1
Sl_N o 1 2
Descripion Unarmed security guard - monthly wages (Basic including VDA) Employers EPF contribution - as percentage of {1}
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Tender for Security Services (through Exservicemen) in BSNL Andaman & Nicobar Circle Section 1 (Presentl Employers ESI (Presently (Presently y not not 3 contribution not applicabl applicable) - as percentage of {1} applicable) e 4 5 Employees Deposite Linked Insurance (EDLI) Admn Charge Gratuity/terminal benefits (as per DGR norms) - as percentage of {1} Field Allowance will be admissible to ESM when employed in remote/disturbed//area hazardous to health HRA, (as per DGR norms) - as percentage of {1} Bonus (as per DGR norms) - as percentage of {1} Uniform allowance (as per DGR norms) - as percentage of {1} Uniform washing allowance (as per DGR norms) - as percentage of {1} Total {1 to 11} Weekly off/holiday compensation (as per DGR norms) - as percentage of {Total} Total cost per Head {12+13) Contractors service charge - as percentage of Total Cost per Head Sum Total
0.5% of Basic+VD A 1.11% of Basic+VD A 4.81% of Basic+VD A
10
11
12
13
28.98% of Total
14
15
16
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Tender for Security Services (through Exservicemen) in BSNL Andaman & Nicobar Circle Section 1
(Please study carefully the NIT as well as various clauses of the tender document before filling up this Annexure 2.)
Type
Consolidated rate per month per Exserviceman for the work, inclusive of all kinds of duties, levies, cess, & taxes (except service tax), in rupees
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