Bharat sanchar nigam limited

Amendment: ltr.no.3-2/2004-CPT/Pt.1 dt.16.11.2006 (Court Jurisdiction)

• 
  Any dispute arising out of tender/bid document/evaluation of bids/issue of APO shall be subject to the jurisdiction of the competent court at the place from where the NIT/tender has been issued.
  
• 
  Where a contractor has not agreed to arbitration, the disputes/claims arising out of the Contract/PO entered with him shall be subject to the jurisdiction of the competent Court at the place from where Contract/PO has been issued. Accordingly, a stipulation shall be made in the contract as under.
  

“This Contract/PO is subject to jurisdiction of Court at Nadiad only.”

32. 
    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 the BSNL or the Govt. or any other person or persons contracting through the BSNL and set off the same against any claim of the BSNL or govt. or such other person or persons for payment of a sum of money arising out of this contract made by the contractor with BSNL or Govt. or such other person or persons contracting through Govt. of India.

SECTION – VI

SCOPE OF WORKS

­­­­­­­During the entire period of contract, contractor has to carry out the House Keeping Work (Sweeping & Cleaning) for the telephone exchanges/office buildings at Borsad, Anklav, Petlad, Sojitra, Cambay, Tarapur, Nadiad, Mahudha, Kheda, Mehmdabad, Balasinor, Virpuur, Thasra, Kathlal & Kapadwanj Talukas of Nadiad SSA & maintenance of toilet facilities, Verandas, common rooms, common bathrooms etc.

1. 
   Schedule of Work
   

1. 
   No sweeping/cleaning work is required in equipment rooms and switch rooms.
   
2. 
   As per building plan sweeping/cleaning work is to be carried out in all toilets, bathrooms, balconies, on all working days in all offices/exchanges within the time slot as decided by controlling officer.
   
3. 
   Cleaning/Sweeping of the offices/exchange building will be carried out on all working days.
   
4. 
   Wall and roofs of all offices/other area is required to be cleaned regularly as and when required & instructed by controlling officers. Glass/Novapan partition of various chamber required to be cleaned regularly once in atleast 15-days in each month by using cleaning liquid.
   
5. 
   All the electrical/Civil fixtures/furnishing/furniture is also to be kept clean by dusting/vacuum cleaner/brooming them periodically.
   
6. 
   Corridor to be cleaned on all working days.
   
7. 
   Scrubbing of floors including bathrooms to be done on all working days.
   
8. 
   Stair case of the quarters to be cleaned daily.
   
9. 
   The building should be free of mosquitoes, flies, cockroaches etc. and the contractor should spray finite/other insecticide duly approved by G.M.T.D. Nadiad.
   
10. 
    Nadiad SSA being a dusty area, use of vacuum cleaner may be frequented. During such periods, the contractor should ensure cleaning of rooms, furniture and its upholstery be kept in proper, neat and clean condition.
    
11. 
    The contractor has to keep the corridors & verandahs neat and tidy.
    
12. 
    Use of Phenyl and Phenyl boll at Toilet block and use of phenyl while mopping on carpet area is must.
    
13. 
    Sweeping, cleaning and mopping work done signed by building in charge in Register Daily.
    

Note: - In addition to above the contractor has to do cleaning and sweeping work on holidays also, if required by controlling officers due to some special administrative requirement.

1. 
   Quantum of Work
   

1. 
   The list of Exchanges/Offices with controlling officer and areas has been provided in Section – VIII (Annexure A)
   
2. 
   The quantum of work proposed in the tender may be very to some extent.
   

3. 
   The officer in charge of the buildings will allot work and it is to be carried out as per their instructions.
   
4. 
   Details of Latrine, Urinal, Bathroom & Washbasin etc has been given in Section VIII (Annexure A).
   
5. 
   Floor area of toilet has been included in total covered area of building.
   
6. 
   It will be the job of the contractor to ensure that the building is free of cobwebs.
   

SECTION – VII

SPECIAL TERMS & CONDITIONS OF CONTRACT

1. 
   BSNL will have the right to increase or decrease up to 25% of the quantity of goods and services specified in the tender without any change in the unit price or other terms and conditions at the time of award of contract. Accordingly the tender cost per annum shall also vary by + 25%.
   
2. 
   The contractor has to carry out the House Keeping works which is not covered under SECTION - VIII at the proportionate one day rate on occasion basis
   

3. 
   PERIOD OF VALIDITY OF CONTRACT:
   

1. 
   The contract should be firm and valid for a period of one year from the date mentioned in FAT (Final Acceptance of the Tender).
   
2. 
   The General Manager Telecom District, Nadiad reserves the rights to extend the validity of the contract for a further period of first three months unilaterally by BSNL at the same rates, terms & conditions & another period of three months on mutual consent on both side at the same rates, terms and condition.
   
3. 
   The General Manager Telecom District, Nadiad reserves the right to terminate the contract at any time during its currency without assigning any reason by giving thirty days notice to the contractor at their last known place of business/residence and the contractor shall not be entitled to any compensation by reason of such termination.
   

4. 
   The contractor will engage the sweepers and labourers and all the payment to the sweepers/labourers will be made by contractor. It is contractor’s responsibility for any claim for recruitment of sweepers/labours and payment to them. Services of labourers/sweepers will not be counted for any recruitment in B.S.N.L.
   
5. 
   All the cleaning materials required for carrying out the house keeping work will have to be arranged by the contractor at his cost only. The material used for maintenance of building should be of standard & excellent quality. No material will be supplied to the contractor by the BSNL.
   
6. 
   No separate space will be provided for manpower of the approved contractor or for sweeping/cleaning materials.
   
7. 
   The successful bidder shall be solely responsible for the cleaning work and BSNL shall not be liable to interact with the labour/sweepers/supervisor/partners/collaborators or sub-contractors of the contractor.
   
8. 
   Approved contractor has to take certificate from the officer in charge of the building on weekly basis and payment will be done on monthly basis by cheque directly to the approved contractor subject to verification of work by controlling officer in charge.
   
9. 
   No payment/advance will be given to the manpower engaged by the contractor.
   
10. 
    For any theft/loss of material damage due to carelessness/ignorance of the persons engaged for cleaning, the contractor will be held responsible.
    
11. 
    The authorized officer/person of department will have the liberty to check the material and work etc.
    
12. 
    The contractor shall execute work in the most efficient and workmanship manner both in terms of quantity and quality in strict accordance with the instruction given to him from time to time by BSNL Nadiad.
    
13. 
    Registration with Labour Commissioner
    

Successful tender will register themselves with Assistant Labour Commissioner (Central) as per Contract Labour (R&A) Act 1970 and Contract Labour Rules 1971 as applicable & provide copy of labour license from Asstt. Labour Commissioner (Central) Ahmedabad if essential as per labour laws within 15 days from date of issue of FAT.

14. 
    EPF Registration
    

The contractor has to get registered with the EPF authorities. The employees/workers contribution towards EPF must be regularly deposited to the EPF authorities. Registration number is to be intimated to the GMTD Nadiad. All the claims must be accompanied with the following documents

1. 
   List showing the details of workers engages.
   
2. 
   Duration of their engagement
   
3. 
   The amount of wages paid to such workers
   
4. 
   Amount of EPF contributions paid to the EPF authorities & proof of payment of EPF contribution
   

15. 
    Service tax Registration
    

As per standing instructions of Ministry of Finance, government of India, the firm should be registered with Central Excise Department. Therefore, the registration number is to be written printed on the bills/claims submitted to BSNL Nadiad time to time.

16. 
    It shall be the duty of the contractor to comply with all the mandatory provision of labour laws, EPF, service tax etc.In the event of any failure in this regard and in the event of any losses/damages caused directly or indirectly to the G.M.T.D. Nadiad, the amount of loss will payable by the contractor along with such penalty as may be decided by the G.M.T.D. Nadiad.
    

17. 
    In case of receipt of any complaint for the nonpayment of wages to the labour or to EPF, or of any other kind of dues of his staff, the GMTD Nadiad will be at his liberty to deduct such amount from the bills/SD raised by the contractor and make the payment to the person concerned by account payee cheque under intimation to the contractor.
    

18. 
    The contractor shall assign the job of providing house - keeping service only to experienced workers and also assume full responsibility for the safety and security of the officers/officials as well as essential store items while performing duties. BSNL shall have no direct or indirect liability arising out of such negligent, careless work which is an offence under relevant section under IPC and any loss caused to BSNL have to be compensated by contractor. The contractor shall remove forthwith any of its worker found undisciplined.
    

19. 
    The contractor shall issue name badges to all its representatives and ensure that they wear them while on duty. Contractor shall issue to all its workers, Identity cards bearing their photographs this shall be ensured by the contractor, without any extra cost to BSNL.
    

20. 
    The engagement and employment of labourers and payment of wages to them as per existing provisions of various labour laws and regulations is the sole responsibility of the contractor and any breach of such laws or regulations shall be deemed to be breach of this contract. BSNL may ask the contractor to produce documents to verify that the contractor complies with the provisions/laws. In case the contractor fails to pay due wages to its workers, BSNL shall deduct such amount from the due amount of the contractor and pay the wages directly to the workers.
    

21. 
    PAYMENT TERMS
    

1. 
   Payment will be made on monthly basis.
   
2. 
   The contractor will prepare & submit the bill in duplicate to the controlling officer in charge. The bill should contain Service Tax number
   
3. 
   Generally the contractor shall submit the bill to the controlling officer of the zone. However if there are two or more controlling officers in a particular zone then the contractor can submit the bill for a number of exchanges under each controlling officers on the basis of proportionate cost per day per exchange. The calculation of cost per day per exchange is given in clause- 22. The cost per month per exchange can be obtained by multiplying it by 30. In future some additional work can be given or work can be reduced. In such case proportionate billing will be done on the basis of cost per day per exchange as explain in clause-22.
   
4. 
   The bill duly certified by the controlling officer (SDE/SDO I/C) duly countersigned by concerned D.E and submitted to A.O(Plg), BSNL, Nadiad for further processing for payment.
   
5. 
   Payment will be made by the Account Officer (Cash) O/O GMTD, Nadiad on approval of the competent authority.
   
6. 
   Penalty/LD charge if any will be deducted by the controlling officer and the net amount may be passed for payment with the counter signature of concerned D.E
   
7. 
   Payment will be released after deduction of all taxes as per law. For this deduction a certificate will be issued by AO (cash) BSNL O/o GMTD Nadiad.
   
8. 
   Any recovery pointed out by audit will be deducted directly from bills/SD without giving any notice.
   
9. 
   After payment of the first bill, the contractor is required to submit the challan of service tax deposited by him while claiming the next bill. For claiming Service Tax contractor has to submit Service Tax Registration Number printed on the bill submitted for payment.
   
10. 
    In case of delay due to administrative reasons, BSNL, Nadiad will not be liable for any interest on any bill outstanding for payment.
    
11. 
    The bill containing the following details
    

• 
  Certificate stating that the work has been executed satisfactorily in accordance with the scope of work, terms and conditions of the contract.
  
• 
  Details of recoveries/penalties (If any) as per provisions of the contract. In case no recovery is to be made, NIL report needs to be submitted.
  
• 
  Certificate from the controlling officer regarding the payment to the labours engaged by the contractor.
  
• 
  Copies of authenticated documents of payments of Service Tax, EPF contribution to authorities if applicable.
  

22. 
    PENALTIES
    

1. 
   Cleaning work to be completed satisfactorily within the time slot given by the Controlling Officer In-charge (SDE/SDO) failing which penalty will be imposed as under for each absence and for work found not satisfactory.
   

CALCULATION OF PENALTY ZONE WISE

In case the work in a particular exchange / office of a zone has not been done due to absence from the work or in case the work done has been found unsatisfactory, then the amount to be deducted from the monthly bill for various zones is given as under.

For zone-I (Borsad & Anklav Taluka)
Cost per day per exge./ office	A = 12 x [ ( 0.10 x P) + ( 0.20 x Q) + (73.00 x R) ] x Approved Rates P.M of zone - I 30 x (Total estimated cost P.A as per NIT of zone - I )
Deduction for Absence from the work	= 1.3 x A x No. of days of absence
Deduction for unsatisfactory work	= 1 x A x Nos of days of unsatisfactory work

For zone-II (Petlad & SojitraTaluka)
Cost per day per exge./ office	B = 12 x [ ( 0.15 x P) + ( 0.33 x Q) + (73.00 x R) ] x Approved Rates P.M of zone -II 30 x ( Total estimated cost P.A as per NIT of zone – II)
Deduction for Absence from the work	= 1.3 x B x No. of days of absence
Deduction for unsatisfactory work	= 1 x B x No. of days of unsatisfactory work

For zone-III (Cambay &Tarapur Taluka)
Cost per day per exge./ office	C = 12 x [ (0.10 x P) + ( 0.30 x Q) + ( 73.00 x R) ] x Approved Rates P.M of zone -III 30 x (Total estimated cost P.A as per NIT of zone – III)
Deduction for Absence from the work	= 1.3 x C x No. of days of absence
Deduction for unsatisfactory work	= 1 x C x No. of days of unsatisfactory work

For zone-IV (Nadiad &Mahudha Taluka)
Cost per day per exge./ office	D = 12 x [ (0.14 x P) + (0.19 x Q) + (73.00 x R) ] x Approved Rates P.M. of zone -IV 30 x (Total estimated cost P.A as per NIT of zone – IV)
Deduction for Absence from the work	= 1.3 x D x No. of days of absence
Deduction for unsatisfactory work	= 1 x D x No. of days of unsatisfactory work

For zone-V (Kheda & Mahemdavad Taluka)
Cost per day per exge./ office	E = 12 x [ (0.15 x P) + (0.33 x Q) + (73.00 x R) ] x Approved Rates PM of zone - V 30 x (Total estimated cost P.A as per NIT of zone – V)
Deduction for Absence from the work	= 1.3 x E x No. of days of absence
Deduction for unsatisfactory work	= 1 x E x No. of days of unsatisfactory work

For zone-VI (Balasinor & Virpur Taluka)
Cost per day per exge./ office	F = 12 x [ (0.15 x P) + (0.33 x Q) + (73.00 x R) ] x Approved Rates P.M. of zone - VI 30 x (Total estimated cost P.A as per NIT of zone – VI)
Deduction for Absence from the work	= 1.3 x F x No. of days of absence
Deduction for unsatisfactory work	= 1 x F x No. of days of unsatisfactory work

For zone-VII (Thasra Taluka)
Cost per day per exge./ office	G = 12 x [ (0.15 x P) + (0.33 x Q) + (73.00 x R) ] x Approved Rates P.M. of zone - VII 30 x (Total estimated cost P.A as per NIT of zone – VII)
Deduction for Absence from the work	= 1.3 x G x No. of days of absence
Deduction for unsatisfactory work	= 1 x G x No. of days of unsatisfactory work

For zone-VIII (Kapadwanj & Kathlal Taluka)
Cost per day per exge./ office	H = 12 x [ (0.15 x P) + (0.33 x Q) + (73.00 x R) ] x Approved Rates P.M. of zone - VIII 30 x (Total Estimated cost P.A. as per NIT of Zone VIII)
Deduction for Absence from the work	= 1.3 x H x No. of days of absence
Deduction for unsatisfactory work	= 1 x H x No. of days of unsatisfactory work

Notes: -

2. 
   Here “P” = Open area of particular exchange/offices of concerned zone
   
3. 
   Here “Q” = Carpet area of particular exchange/offices of concerned zone
   
4. 
   Here “R” = Total Nos of Toilet, Urinal & Wash Basin of a particular exchange/offices of concerned zone
   
5. 
   P.M. = Per Month
   
6. 
   P.A. = Per Annum
   
7. 
   In case the contractor fails to carry out the work within time limit given by the controlling officer then the controlling officer will take action as per clause 22(b),(c) & (d).
   

2. 
   In case, successful tender fails to carry out the work within stipulated time given and as per the specification and quality laid down in the tender, the GMTD Nadiad reserve the right to get the work done by other agencies even at higher rates and extra expenditure if any incurred will be recovered from the contractor’s pending bills, S/D or any other payments that may be due or become due in future. The tenderer shall have no claim for compensation for any loss sustained by him due to such failure to comply with the conditions of tender and the firm shall be black listed.
   
3. 
   In case of delay or poor quantity of work the GMTD Nadiad will have the right to cancel the contract and forfeit the security deposit.
   
4. 
   Quantum of liquidated damages assessed and levied by the BSNL, Nadiad shall be final and not challengeable by the contractor.
   

23. 
    Termination clause
    

1. 
   If the contractor fails to fulfill the contract or violates any of the terms and conditions of the contract, the GMTD Nadiad reserves the right to terminate the contract after giving 30 days notice in writing. The amount of EMD/SD will be forfeited and the firm will be black listed.
   
2. 
   In the event of the contractor being adjudged insolvent or going voluntarily into liquidation are having receiving order or other under Insolvency Act made against or in the case of company of the passing of any resolution or making of any order, for winding up whether voluntarily or otherwise, General Manager Telecom District Nadiad shall have the power to terminate the contract without any notice.