Bharat sanchar nigam limited

SECTION – X (A)

DRAFT FOR AGREEMENT
This Agreement made on this ________ day of ____________(month)_____________(year) ____________________ between M/s _______________________________________herein after called ‘’The contractor’’ (Which expression shall unless excluded by or repugnant to the context include his successors, heirs, executors, administrative representatives and assignees) of the one part and Bharat Sanchar Nigam Limited here in after referred to as BSNL, of other part.

Whereas the contractor has offered to enter into contract with the BSNL for House Keeping Work for Office/Exchange buildings located at Borsad, Anklav, Petlad, Sojitra, Cambay, Tarapur, Nadiad, Mahudha, Kheda, Mehmdabad, Balasinor, Virpur, Thasra, Kathlal & Kapadwanj Taluka Nadiad SSA on the terms & Conditions herein contained and the rates approved by BSNL (Copy of Rates annexed ) have been duly accepted and where as the necessary security deposits have been furnished in accordance with the provisions of the tender document and whereas no interest will be claimed on the security deposits.

Now these present witnesses 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 (mentioned in FAT) or completion of work for Rs. ___________________ whichever is earlier or until this contact shall be determined by such notice as is hereinafter mentioned, safely carryout, by means of labours employed at his own expenses and by means of tools, implements & equipment etc. to be supplied by him to his labour at his own expenses, when BSNL or GMTD Nadiad or any other persons authorizes by GMTD Nadiad in that behalf requires. It is understood by the contractor that the quantity of work mentioned in the bid document is likely to be increase or decrease as per actual requirements.
   
2. 
   The NIT (notice inviting tender) Bid documents (Technical & Financial), letter of intent, approved rates, annexed hereto and such other additional particular instructions, work orders as may be found requisite to be given during execution of the work shall deemed and taken to be an integral part of the contract and shall also be deemed to be included in the expression ‘’ The Agreement’’ or ‘’ The Contract’’ wherever herein used.
   
3. 
   The Contractor shall also supply the requisite number of workmen with means & materials as well as tools, appliances, machines, implements etc. required for the proper execution of work.
   
4. 
   The Contractor hereby declares that nobody connected with or in the employment of the BSNL is not / shall not ever be admitted as partner in the contract.
   
5. 
   The Contractor shall, during the period of this contract, comply with all the mandatory provision of labour laws, EPF, ESI & Misc provision Act & Employer Provident Scheme in respect of Labours/Employees engaged for performing the work under the contract as per terms and conditions stipulated in the tender document.
   
6. 
   The Contractor shall abide by the terms & Conditions, rules, Guidelines 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.
   

In witness whereof the parties present have herein to set their respective hands and seals the day and year in _______________

Signed & sealed by contractor Signed on behalf of the

Bharat Sanchar Nigam Limited

SECTION – X (B)

PERFORMA FOR BANK GUARANTEE BOND

(Tender No : KTD / MM / T – 04 /House Keeping Work /15-16 )

In consideration of the GMTD, BSNL, Nadiad (hereinafter called ‘BSNL’) having agreed to exempt ___________________ (hereinafter called ‘the said contractor) from the demand under the terms and conditions of tender dated __/__/2015 made between ‘BSNL’ and ‘the said contractor’ for House Keeping (Sweeping & Cleaning) of different office buildings & exchange buildings of Borsad, Anklav, Petlad, Sojitra, Cambay, Tarapur, Nadiad, Mahudha, Kheda, Mahemdavad, Balasinor, Virpur, Thasra, Kathlal & Kapadwanj Talukas of Nadiad SSA (hereinafter called “the said agreement ”), of security deposit for the due fulfillment by the said contractor of the terms and conditions contained in the said Agreement, on production of the bank guarantee for Rs.__________.

1. 
   We, (name of the bank) _________________________ (hereinafter refer to as “the bank”) at the request of ___________________________________ (contractor) do hereby undertake to pay to the BSNL an amount not exceeding Rs.___________________ against any loss or damage caused to or suffered or would be caused to or suffered by BSNL by reason of any breach by the said Contractor of any of the terms or conditions contained in the said Agreement.
   
2. 
   We (name of the bank) ____________________ do hereby undertake to pay the amounts due and payable under this guarantee without any demure, merely on a demand from the BSNL by reason of breach by the said contractor of any of the terms or conditions contained in the said Agreement or by reason of the contractors failure to perform the said Agreement. Any such demand made on the bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee where the decision of BSNL in these counts shall be final and binding on the bank. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs.______________.
   
3. 
   We under take to pay to the BSNL any money so demanded notwithstanding any dispute or disputes raised by the contractor(s)/supplier(s) in any suit or proceeding pending before any court or tribunal relating thereto our liability under this present being absolute and unequivocal. The payment so made by us under this bond shall be valid discharge of our liability for payment there under and the contractor(s)/supplier(s) shall have no claim against us for making such payment.
   
4. 
   We( name of the bank)_________________________ further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said agreement and that it shall continue to be enforceable till all the dues of the BSNL under or by virtue of the said Agreement have been fully paid and its claims satisfied or discharged or till AGM(CFA-PLG),O/o GMTD,BSNL, Nadiad certifies that the terms and conditions of the said Agreement have been fully or properly carried out by the said contractor and accordingly discharges this guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before the expiry of 24 months (as specified in Agreement) from the date hereof, we shall be discharged from all liabilities under this guarantee thereafter.
   
5. 
   We (name of the bank)_________________________ further agree with the BSNL that the BSNL shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said Agreement or to extend time of performance by the said contractor from time to time or to postpone for any time or from time to time any of the powers exercisable by the BSNL against the said Contractor and to forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason of any such variation, or extension being granted to the said Contractor(s) or for any forbearance, act or omission on the part of the BSNL or any indulgence by the BSNL to the said Contractor or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us.
   
6. 
   This guarantee will not be discharged due to the change in the constitution of the Bank or the Contractor.
   
7. 
   We (name of the bank) ____________________ lastly undertake not to revoke this guarantee during its currency except with the previous consent of the BSNL in writing.
   

Place:

Date: for ______________________________

(Indicate the name of bank)

APPENDIX- I
CHECKLIST FOR BIDDER

(e-Tender NO: KTD/MM/T-04/House Keeping Works /15-16)

Have you ensured (before sealing the envelopes by sealing wax/PVC tape) the following?

Sr No	PARTICULARS	Compliance Yes / No / N.A.
1	Have you study the complete tender document?
2	Have you submitted your bid as mentioned in clause 15 of Section – V
4	Have you signed on all pages of tender document with rubber stamp?
5	Have you enclosed the E.M.D as mentioned in clause 13 & 14 of Section – V
6	Have you submitted a DD of Rs 500/- against the tender form fee along with the EMD?
7	Have you enclosed the registration certificate of your firm as per clause-2 (d) of section IV?
8	Have you submitted the attested copy of Memorandum of Associates & attested copy of certificate of incorporation?
9	Have you submitted the NOC of the directors other than the director (s) who has signed the tender documents?
10	Have you submitted the attested copy of the partnership deeds & No objection certificate from other partners?
11	Have you submitted the original Power of Attorney? (if applicable)
12	Have you enclosed the latest bank solvency certificate as per clause No- 2 (n) of Section IV?
13	Have you submitted the Bid Form duly filled in? (Performa given in Section – II)
14	Have you submitted the Tenderer’s profile duly filled in? (Performa given in Section – III)
15	Have you submitted Declaration regarding any near relative not working in BSNL (Performa given in Section – IX)
16	Have you submitted experience certificate as per eligibility condition of tender?
17
18	Have you enclosed the service tax registration certificate as per clause No 2 (m) Section IV?
19	Have you enclosed the EPF registration certificate as per Clause No- 2 (m) of Section -IV?
20	Have you enclosed the ESI registration certificate as per Clause No- 2 (m) of Section -IV?
21	Have you submitted latest & valid NSIC / MSME certificate (if applicable)?
22	Have you submitted the copy of PAN card?
23	Are all the copies of documents/certificates duly self attested or Attested by G.O. or by BSNL Officer not below the rank of DE?

• 
  N.A. : - Not Applicable
  

DETAILS OF EARNEST MONEY DEPOSIT

I have submitted the Bid Security (EMD) of Rs. ________________ in the 1^st envelop and details as under

Demand draft No ____________________________ dated ________________________

Name of Bank ____________________________________________________________

Signature of bidder with rubber stamp

APPENDIX- II

E-TENDERING INSTRUCTIONS TO BIDDERS

The General & Special instruction (for e-Tendering) Supplement, “Instructions to bidders” as enclosed in section – IV, V, VI & VII of the tender document. Submission of Bids only through online process is mandatory for this Tender.

E-Tendering is a new methodology for conducting Public Procurement in a transparent and secured manner. Suppliers/vendors will be the biggest beneficiaries of this new system of procurement. For conducting electronic tendering, BSNL, Gujarat has decided to use the portal

Benefits to Suppliers are outlined on the Home-page of the portal.

https://eprocurement.synise.com/bsnl1/gujarat

1. 
   Tender Bidding Methodology:
   

Sealed Bid System - ‘Single Stage - Two Envelopes’, followed by ‘e-Reverse Auction’ if applicable after opening of Financial-part (Financial &Technical bid shall be submitted by the bidder at the same time)

2. 
   Broad outline of activities from Bidders prospective:
   

1. 
   Procure a Digital Signing Certificate (DSC)
   
2. 
   Register on Electronic Tendering System on e-procurement portal of Gujarat Circle
   
3. 
   View Notice Inviting Tender (NIT) on e-procurement portal of Gujarat Circle
   
4. 
   Download official copy of Tender Documents from e-procurement portal of Gujarat Circle
   
5. 
   Clarification to Tender Documents on e-procurement portal of Gujarat Circle
   

• 
  Query to BSNL (Optional)
  
• 
  View response to queries posted by BSNL, as addenda.
  

6. 
   Bid submission of e-procurement portal of Gujarat Circle
   
7. 
   Attend Public Online Tender Opening Event (TOE) on e-procurement portal of Gujarat Circle for opening of technical part
   
8. 
   View/post TOE Clarification on e-procurement portal of Gujarat Circle (optional) respond to BSNL’s post-TOE queries
   
9. 
   Attend Public Online Tender Opening Event (TOE) on e-procurement portal of Gujarat Circle on opening of financial-Part (Only for Technical Responsive Bidders)
   
10. 
    Participate in e-Reverse Auction if applicable on e-procurement portal of Gujarat Circle
    

For participating in this tender online, the following instructions are to be read carefully. These instructions are supplemented with more detailed guidelines on the relevant screens of the e- procurement portal of Gujarat Circle.

3. 
   Digital Certificates
   

For integrity of data and its authenticity/ non-repudiation of electronic records, and be compliant with IT Act 2000, it is necessary for each user to have a Digital Certificate (DC) also referred to as Digital Signature Certificate (DSC), of Class 2 or above, issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer http://www.cca.gov.in].

4. 
   Registration
   

To use the Electronic Tender portal https://eprocurement.synise.com/bsnl1/gujarat Vendor need to register on the portal (if not registered earlier). Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e-tendering activities. In E-procurement terminology, this person will be referred to as the Super User (SU) of that organization. For further details, please visit the website/portal https://eprocurement.synise.com/bsnl1/gujarat (on the Home Page), and follow further instructions as given on the site.

Note: After successful submission of Registration details and Annual Registration Fee (as applicable).

Please contact Synise Technologies Ltd. Helpdesk (as given below), to get your registration accepted/activated.

Synise Technologies Ltd. Helpdesk

Telephone	Phone: [phone]
	[between 10:00 hrs to 18:00 hrs on working days Monday to Saturday]
Contact Person	Mr. Indrajeet, Mr. Ashok & Manasi
Emergency Mobile Nos.	[phone] / 7774013247 / 8308810327
E-mail ID	[e-mail]
BSNL Contact
BSNL’s Contact Person	Shri N.R Patel, AGM (CFA-PLG)
Telephone/ Mobile	0268-2559300/ 09427610100
	[between 10:30 hrs to 17:00 hrs on working days]
E-mail ID	[e-mail]
BSNL’s Contact Person	Shri H.B. Chauhan, SDE (MM)
Telephone/ Mobile	0268-2557450/ 09427610464
	[Between 10:30 hrs to 17:00 hrs on working days]
E-mail ID	[e-mail]

5. 
   Bid related Information for this Tender (Sealed Bid)
   

The entire bid-submission would be online on e-procurement portal of Gujarat Circle.

Broad outline of submissions are as follows:

• 
  Submission of Bid Security/ Earnest Money Deposit (EMD)
  
• 
  Submission of digitally signed copy of Tender Documents/ Addendum
  

Two Envelopes

• 
  Technical Bid
  
• 
  Financial BID
  

Each of the above electronic envelopes consists of Main bid and Electronic form (both mandatory) and bid Annexure (Optional).

NOTE: - Bidder must ensure that after following above the status of bid submission must become-“Complete”

6. 
   Offline Submissions:
   

The bidder is requested to submit the following documents offline to AGM(CFA-Plg) O/o G.M.T.D. Nadiad, Door Sanchar Bhavan, Room No 104, Pij Road, Near Vallabh Nagar society, Nadiad -387002 on or before the date & time of submission of bids specified in NIT of this tender document, in a Sealed Envelope. The envelope shall bear (the project name), the tender number and the words ‘DO NOT OPEN BEFORE’ (due date &time).

• 
  EMD-Bid Security (Original copy).
  
• 
  DD/ Bankers cheque of Rs. 1000.00 drawn in favor of AO (Cash), O/o GMTD, BSNL Nadiad, payable at Nadiad against payment of tender fee.
  
• 
  Power of attorney in accordance with clause 17 of Section-VI along with attested copy of Board resolution.
  
• 
  Integrity pack (if applicable)
  

Note: The Bidder has to upload the Scanned copy of all above said original documents as Bid- Annexure during Online Bid-Submission also.

7. 
   Special Note on Security of Bids
   

Security related functionality has been rigorously implemented in e-procurement portal of Gujarat Circle in a multidimensional manner. Starting with 'Acceptance of Registration by the Service Provider', provision for security has been made at various stages in Electronic Tender's software. Specifically for Bid Submission, some security related aspects are outlined below:

As part of the Electronic Encrypter™ functionality, the contents of both the ‘Electronic Forms’ and the ‘Main-Bid’ are securely encrypted using a Pass-Phrase created by the Bidder himself. Unlike a ‘password’, a Pass-Phrase can be a multi-word sentence with spaces between words (eg I love this World). A Pass-Phrase is easier to remember, and more difficult to break. It is recommended that a separate Pass-Phrase be created for each Bid-Part. This method of bid- encryption does not have the security and data-integrity related vulnerabilities which are inherent in e-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid-encryption. Bid-encryption in e-procurement portal of Gujarat Circle is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE), even if there is connivance between the concerned tender-opening officers of the Buyer organization and the personnel of e-tendering service provider.

Typically, ‘Pass-Phrase’ of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself, when demanded by the concerned Tender Opening Officer.

There is an additional protection with SSL Encryption during transit from the client end computer of a Supplier organization to the e-tendering server/ portal.

8. 
   Public Online Tender Opening Event (TOE)
   

e-procurement portal of Gujarat Circle offers a unique facility for ‘Public Online Tender Opening Event (TOE)’. Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices. For this purpose, representatives of bidders (i.e. Supplier organization) duly authorized are requested to carry a Laptop and Wireless Connectivity to Internet.

Every legal requirement for a transparent and secure ‘Public Online Tender Opening Event (TOE)’ has been implemented on e-procurement portal of Gujarat Circle

As soon as a Bid is decrypted with the corresponding ‘Pass-Phrase’ as submitted online by the bidder himself (during the TOE itself), salient points of the Bids are simultaneously made available for downloading by all participating bidders. The tedium of taking notes during a manual ‘Tender Opening Event’ is therefore replaced with this superior and convenient form of ‘Public Online Tender Opening Event (TOE)’.

e-procurement portal of Gujarat Circle has a unique facility of ‘Online Comparison Chart’ which is dynamically updated as each online bid is opened. The format of the chart is based on inputs provided by the Buyer for each Tender. The information in the Comparison Chart is based on the data submitted by the Bidders. A detailed Technical and/ or Financial Comparison Chart enhance Transparency. Detailed instructions are given on relevant screens.

e-procurement portal of Gujarat Circle has a unique facility of a detailed report titled ‘Minutes of Online Tender Opening Event (TOE)’ covering all important activities of ‘Online Tender Opening Event (TOE)’. This is available to all participating bidders for ‘Viewing/ Downloading’.

There are many more facilities and features on e-procurement portal of Gujarat Circle. For a particular tender, the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer.

NOTE: In case of internet related problem at a bidder’s end, especially during ‘critical events’ such as – a short period before bid-submission deadline, during online public tender opening event, during e- auction, it is the bidder’s responsibility to have backup internet connections. In case there is a problem at the e-procurement/ e-auction service-provider’s end (in the server, leased line, etc) due to which all the bidders face a problem during critical events, and this is brought to the notice of BSNL by the bidders in time, then BSNL will promptly re-schedule the affected event(s).

9. 
   Other Instructions
   

For further instructions, the vendor should visit the home-page of the portal https://eprocurement.synise.com/bsnl1/gujarat and go to the User-Guidance Center

The help information provided through ‘e-procurement portal of Gujarat Circle User-Guidance Center’ is available in three categories - Users intending to Register /First-Time Users, Logged-in users of Buyer organizations, and Logged-in users of Supplier organizations. Various links are provided under each of the three categories.

Important Note: It is strongly recommended that all authorized users of Supplier organizations should thoroughly peruse the information provided under the relevant links, and take appropriate action. This will prevent hiccups, and minimize teething problems the use of e- procurement portal of Gujarat Circle

The following ‘FOUR KEY INSTRUCTIONS for BIDDERS’ must be assiduously adhered to:

• 
  Obtain individual Digital Signing Certificate (DSC or DC) well in advance of your first tender submission deadline on e-procurement portal of Gujarat Circle
  
• 
  Register your organization on e-procurement portal of Gujarat Circle well in advance of your first tender submission deadline on e-procurement portal of Gujarat Circle
  
• 
  Get your organization’s concerned executives trained on e-procurement portal of Gujarat Circle well in advance of your first tender submission deadline on e-procurement portal of Gujarat Circle
  
• 
  Submit your bids well in advance of tender submission deadline on e-procurement portal of Gujarat Circle (There could be last minute problems due to internet timeout, breakdown, et al) While the first three instructions mentioned above are especially relevant to first-time users of e- procurement portal of Gujarat Circle, the fourth instruction is relevant at all times.
  

10. 
    Minimum Requirements at Bidders end
    

• 
  Computer System with good configuration - the users have to ensure that they have Computer System with good configuration (Min P IV, 1 GB RAM, Windows XP) / Windows Vista / Windows 7 installed in their respective PC / Laptop
  
• 
  Broadband connectivity.
  
• 
  Microsoft Internet Explorer 8.0 or above
  
• 
  Digital Certificate(s) for users Class- 2 and above
  

11. 
    Information to Vendor regarding procedure to be follow for e-tendering: -
    

This office will provide necessary information to vendor on or before 18/01/2016 for filling e-tender, if require.
APPENDIX-III

UNDERTAKING & DECLARATION

Ref: - Your e-tender No KTD / MM /T – 04/House Keeping Work/2015-16 Dated 29.12.2015

1. 
   Certified that,
   

1. 
   I/We____________________________________________________________________ have read, understood and agree with all the instructions to bidder, terms and conditions, specification included in the tender documents & offer to execute the work at the rate quoted by us in the tender form
   
2. 
   If I/we fail to enter into the agreement & commence the work in time the EMD / SD deposited by us will stand forfeited to the BSNL
   

1. 
   The tenderer hereby covenants and declares that
   

1. 
   All the information, documents, photocopies of the documents / certificate enclosed alongwith the tender offer are correct
   
2. 
   If anything is found false and / or incorrect and / or revels and suppression of fact at any time, BSNL reserves the right to debar our tender offer / cancel the LOA / LOI /Purchase / Work Order if issued and forfeit the EMD / SD /Bill amount pending with BSNL. In addition, BSNL may debar the contractor from participation its future tender
   

Date: - __.__._____ Signature of Tenderer _________________

Place: - ____________ Name of Tenderer

With date and seal_____________________