SECTION I
NOTICE FOR EXPRESSION OF INTEREST
BHARAT SANCHAR NIGAM LIMITED
(A Government of India Enterprise)
O/o General Manager Telecom District
Telephone Exchange Campus, Awas Vikas Road,
Haldwani, Nainital, (UKD) - 110 001
EOI NO. & DATE : OP-4/Tender/E.A./AMC/GMTD/NT/2013-14 Dated 10-042013.
DUE DATE OF RECEIPT :14-05-2013 TIME UPTO 13.30 HOURS.
DATE OF OPENING : 14-05-2013 TIME AT 15.00 HOURS.
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ON BEHALF OF CHAIRMAN AND MANAGING DIRECTOR, BHARAT
SANCHAR NIGAM LIMITED, EXPRESION OF INTEREST (EOI) ARE INVITED FOR
COMPREHENSIVE OPERATIONS & MAINTENANCE OF DG SETS AND UPKEEP
OF TELECOM INSTALLATIONS IN EXCHANGE/BTS PREMISES SPREAD ACROSS
NAINITAL TELECOM DISTRICT COVERING NAINITAL, UDHAM SINGH NAGAR
AND PART OF CHAMPAWAT DISTRICTS IN UTTARAKHAND STATE. THE
COMPANIES REGISTERED IN INDIA UNDER INDIAN COMPANY ACT 1956 OR
PROPERIOTRSHIP FIRMS HAVING REGISTERED WITH GOVERNMENT FOR
CONDUCTION OF SUCH BUSINESS, HAVING SOUND FINANCIAL CAPABILITY
AND HAVING SUCCESSFULLY EXECEUTED INFRA OPERATIONS &
MAINTENANCE SUCH AS BATTERY/POWERPLANTS OR DG SETS CONTRACT
WITH ANY TELECOM SERVICE PROVIDER/ INFRA OPERATORS/ ANY OTHER
GOVERNMENT OR PRIVATE COMPANIES IN INDIA FOR A MINIMUM VALUE OF
Rs 45 LACS EACH IN LAST TWO FINANCIAL YEARS. ARE ELIGIBLE TO
PARTICIPATE IN THE EOI.
BID SECURITY IN THE FORM OF BANK GUARANTEE/ DEMAND DRAFT WILL BE
RS 3,20,000/-(RUPEES THREE LAC TWENTY THOUSAND ONLY). INTENDING
BIDDERS MAY DOWNLOAD COPY OF THE COMMERCIAL CONDITIONS ALONG
WITH RELEVANT SPECIFICATIONS FROM THE BSNL WEB SITE NO
<ual.bsnl.co.in>, OR CAN GET BID DOCUMENT FROM AGM(P), O/O GM TD ) ,
SECOND FLOOR, TELEPHONE EXCHANGE BUILDING , AWAS VIKAS ROAD
HALDWANI, NAINITAL, 263139, ON PAYMENT OF RS 1135/- (RUPEES ONE
THOUSAND ONE HUNDRED THIRTY FIVE ONLY) NON-REFUNDABLE, WITH
EFFECT FROM 03-05-2013 UPTO 13-05-2013 BETWEEN 15.00 HRS. AND 16.00
HRS ON WORKING DAYS. THE PAYMENT WILL BE ACCEPTED IN THE FORM OF
CROSSED DEMAND DRAFT DRAWN ON ANY SCHEDULED BANK IN HALDWANI,
IN FAVOUR OF ACCOUNTS OFFICER (CASH), BHARAT SANCHAR NIGAM
LIMITED, O/O GM TELECOM DISTRICTS PAYABLE AT HALDWANI OR CASH
RECEIPT ISSUED BY ACCOUNTS OFFICER(CASH) AGAINST RECEIPT OF
PAYMENT.
SECTION II
INSTRUCTIONS TO BIDDERS
INTRODUCTION
"The Bidder" means the company who participates in this EOI and submits
its bid.
(c)
”The Contractor" means the company supplying the goods and services
under the contract.
(d)
"The Goods" means all the equipment, machinery, and/or other materials
which the Supplier is required to supply to the BSNL under the contract.
(e)
"The Advance Work Order" means the intention of BSNL to place the
Purchase Order on the bidder.
(f)
"The Purchase Order" means the order placed by the BSNL on the Supplier
signed by the BSNL including all attachments and appendices thereto and all
documents incorporated by reference therein. The purchase order shall be
deemed as "Contract" appearing in the document.
(g)
"The Contract Price/Value" means the price payable to the Supplier under
the purchase order for the full and proper performance of its contractual
obligations.
(h)
The Delivery & Contract Period : Delivery Period is the period of the
contract in which contractor has to complete the obligation of setting up of
network for delivery of services. Contract period is the overall period of
contract for Managed Capacity and Managed Services.
(i)
Comprehensive Operations and Maintenance (COM) means upkeep,
operations, servicing, repairing and maintenance of infra and other telecom
installations installed at the station.-
(j)
Infra Items include but not limited to, shelter, Back up Battery Banks,
Power Plants, DG sets, Air Conditioners, Infra Alarm System, Fire Protection
Alarms & Equipment, campus and towers ( only from upkeep point of view),
Electrical Mains supply System from EB, fitting and appliances installed at
the station etc. Broadly speaking it covers upkeep and safe guard of all active
and installations at the station.
(k)
DG Management- DG once handed over to the contractor has to be fully
managed by contractor which include servicing, preventive maintenance and,
repairing including replacement of parts if any found unserviceable after
handing over DG by BSNL, during contract period. BSNL may ask contractor
to perform operations & day to day upkeep of DG & station under DG
Management contract. Replacement of parts etc does not include self
replacement
/upgradation
by
contractor
but
includes
replacement/upgradation as per approval of BSNL.
(l)
CPH & Energy Cost Reimbursements- CPH Means Fuel Consumption Per
Hour and Energy Cost Reimbursement is reimbursement of cost of diesel &
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(b)
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"The BSNL" means the Bharat Sanchar Nigam Ltd. (BSNL), New Delhi
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(a)
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1. DEFINITIONS
electricity by BSNL towards operations of infra at site. This also includes
fixed monthly charges for provision of EB at site.
(m)
Provision of EB Connections : submitting BSNL request in prescribed
format to UAL PCL, getting required estimate from concerned office of UAL
PCL and submitting to BSNL designated office, depositing due fee to UAL PCL
(after collecting same from BSNL) and pursing with concerned agencies of
UAL PCL for provision of EB at site.
(l)
"Telecom Service Provider" means any Telecom operator in India, who is
licensed by the Department of Telecommunications ( DOT ), Government of
India to provide telecom services to the general public or to the other DOT
licensed Telecom operators. "Telecom Service Provider" also refers to any
Telecom operator in other countries providing telecom services to general
public of that country or to other telecom operators of the same country.
2. INTENT OF BID
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2.1 Precheck of DG sets installed at various stations offered under contract and
take over all DG Sets in operational conditions at their optimum level.
Deficiency at minor or major levels if any found, shall be got corrected by
contractor before taking over DG Set under contract. However BSNL shall
pay cost towards such repairing/servicing.
2.2 DG sets once made over shall be under broad/ direct supervision of the
contractor who shall perform all works related to routine servicing as per
schedule, perform minor repairing as per need and shall ensure that all DG
Sets shall perform at optimum level.
2.3 BSNL shall ask contractor to perform operations of DG sets directly at some
of designated stations. Here in this case contractor has to perform day to day
upkeep of station as per details given in below mentioned clause.
2.4 Upkeep of all installations at station & premises in clean and hygienic
conditions including safeguarding same from approach /mishandling of
intruders. This also includes escalation of alarms of infra and other
installations (not covered under maintenance contract) to designated BSNL
authorities as per schedule of upkeep defined by BSNL from time to time.
2.5 BSNL, based on mutually agreed terms and conditions, may ask bidder to
supply fuel (diesel & other lubricants) to operate DG sets as per need. Under
these circumstances, BSNL shall reimburse cost of fuel as per Consumption
pattern and DG run hour decided at different stations.
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On behalf of Chairman and Managing Director, Bharat Sanchar Nigam
Limited, Expression of Interest are invited from eligible Indian companies, for
comprehensive operations and maintenance of Diesel Generator Sets of
various capacities starting from 5 KVA upto 75 KVAs installed at
BSNL/NBSNL BTS exchanges/stations of GSM/WCDMA network and getting
EB connections (if required) from UAL PCL, in Uttarakhnad Telecom Circle.
These sites are installed at BSNL own building and/or rented
land/building/houses and spread both in urban and rural areas of Nainital
Telecom Districts in Uttarakhnad Telecom Circle. The interested bidders
shall have to perform:
3.
Eligibility Conditions.
The essential eligibility conditions cover following clauses:
3.1
The Bidder shall be a company registered in India and incorporated under
the Indian Companies Act, 1956 or a proprietor or partnership firm
registered with Government for conduction of business in the
country/Uttarakhand State.
3.2
The Bidder or its parent company shall possess experience of successfully
operations, repairing & maintenance of infra items such as battery/ power
plant/DG sets/ Air Conditioners with any Telecom Service Providers/Infra
Providers/ Government or Private Companies with a minimum order of Rs
45 Lacs in each year of last two preceding financial years i.e. 2010-11 &
2011-12.
3.3
The Bidder shall be a financially sound company having turnover of more
than Rs. 3 Crore in each year of last two financial years i.e 2010-11 &
2011-12. Bidder shall submit company’s audited annual reports for the last
two years i.e.2010-11 & 2011-12.
3.4
The bidder shall have a valid registration with Service Tax Department, EPF
registration and Income Tax Department for PAN and filing of updated
returns.
3.5
The bids from the Bidder(s) not meeting above essential eligibility
criteria shall be summarily rejected.
4. COST OF BIDDING
The bidder shall bear all costs associated with the preparation and
submission of the bid. The BSNL will, in no case, be responsible or liable for
these costs, regardless of the conduct or outcome of the biding process.
5. DOCUMENTS REQUIRED
5.1 The bidding procedures and contract terms and conditions are prescribed in
the Bid Documents. Bid document includes :
(a) Notice Inviting EOI
(b) Instructions to Bidders
(c) General(Commercial) Conditions of Contract
(d) Special conditions of Contract
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(e) Schedule of Requirements
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(f) Technical Specifications
(g) Bid Form and Price Schedules
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(i) Performance Security Bond Form
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(h) Bid Security Form
(j) Letter of authorization to attend bid opening.
5.2 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 the 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.
6. CLARIFICATION OF BID DOCUMENTS
6.1
A prospective bidder, requiring any clarification on the Bid Documents shall
notify the BSNL in writing or by FAX addressed to AGM (P) O/O GM Telecom
District, 2nd Floor, Telephone Exchange, Awas Vikas Road, Haldwani,
Nainital. The BSNL shall respond in writing to any request for the
clarification of the Bid Documents, which it receives not later than 15 days
prior to the date of opening of the EOIs. Copies of the query (without
identifying the source) and clarifications by the BSNL shall be sent to all the
prospective bidders who have received the bid documents.
6.2
Any clarification issued by BSNL in response to query raised by prospective
bidders shall form an integral part of bid documents and it may amount to
an amendment of relevant clauses of the bid documents.
7. AMENDMENT OF BID DOCUMENTS
7.1
At any time, prior to the date of submission of Bids, the BSNL may, for any
reason, whether at its own initiative or in response to a clarification
requested by a prospective bidder, modify bid documents by amendments.
7.2
The amendments shall be notified in writing or by FAX to all prospective
bidders on the address intimated at the time of purchase of the bid
document from the BSNL and these amendments will be binding on them.
7.3
In order to afford prospective bidders a reasonable time to take the
amendment into account in preparing their bids, the BSNL may, at its
discretion, extend the deadline for the submission of bids suitably.
8. DOCUMENTS COMPRISING THE BID
Documentary evidence established in accordance with the clause 3 & 11
that the bidder is eligible to bid and is qualified to perform the contract if
his bid is accepted.
(b)
Bid Security furnished in accordance with clause 13(i).
(c)
Compliance as per clause 12.1 (b)
(d)
A Bid form and price schedule completed in accordance with clause 9 & 10.
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(a)
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The bid prepared by the bidder shall comprise the following components:
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9. BID FORM
The bidder shall complete bid form and Price Schedule furnished in the bid
documents, as per Section VII.
10. BID PRICES AND PRICE SCHEDULE
10.1 Bidder shall pay cost of bid document as Rs. 1135/-. in the form of demand
draft drawn in favour of Accounts Officer (Cash), O/o GM TD Nainital, BSNL,
payable at Haldwani or pay cost in cash to BSNL Accounts Office and submit
original copy of cash receipt issued for this purpose.
10.2 All bids whether downloaded from BSNL website or purchased from BSNL
Office shall accompany the cost of bid document in the form of BDD or
original cash receipt issued from BSNL Accounts Office, as specified in the
clause above.
10.3 The bidder shall quote total composite price per month inclusive of all Levies
& Taxes for execution of contract, as per the price schedule given in Section
VII. Prices of incidental services if required, should also be quoted. The offer
shall be firm in Indian Rupees. No Foreign exchange will be paid by BSNL.
10.4 A bid submitted with an adjustable price quotation will be treated as non –
responsive and rejected.
11.
DOCUMENTS
QUALIFICATION
ESTABLISHING
BIDDER'S
ELIGIBILITY
AND
11.1 The bidder shall furnish, as part of the bid documents establishing the
bidder's eligibility, the following documents or which ever is required as per
terms and conditions of Bid Documents.
(i)
Certificate of incorporation.
(ii)
Article and Memorandum of Association
(iii)
Copy of Partnership registered deed indicating liabilities of bidder and
his/her partner in execution of business
(iii)
Valid Registration certificate from State Director of Industries or from
Secretariat for Industrial Approval (SIA), Ministry of Industries,
Government of India.
(iv)
Latest and valid NSIC Certificate duly certified by NSIC.
11.2 (i) The Annual Reports duly audited by Registered Charted Accountanats
(ii)
11.3 (i) Experience Certificate from an Officer not less than Dy GM level Officer of
Government/ State/PSUs and/or General Manager Rank Officers from
Private Companies
CONFORMITY
TO
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TECHNICAL
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DOCUMENTS
ESTABLISHING
SPECIFICATIONS
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12.
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11.4 Valid registration certificate from Service Tax Department, EPF Registration
Certificate from Labour Department and Valid PAN with proof on filing
Income Tax Return for 2011-12.
12.1
The documentary evidences of the conformity of the Goods and
Services to the EOI, may be, in the form of literature, drawings, data etc.
and the Bidder shall furnish :
(a) Detailed description of goods & services required to perform the
contract with essential technical and performance characteristics;
The Bidder shall submit a deviation/exception statement clearly
bringing out the extent its offer deviates/excludes from the
requirements of the Purchaser’s technical specifications and
commercial terms and conditions. The deviations/exceptions
shall be classified under three categories. A list of such clauses
detailing the extent of deviation/exception shall be submitted
as under:
(a)
List-1: Clauses that are partially complied together with the
extent of deviation. Timelines, if any, for full compliance may
also be indicated.
(b)
List-2: Clauses that are not complied presently, but are in the
roadmap/under development and are proposed to be complied
subsequently. Commitment by way of clear timelines shall be
specified.
(c)
List-3: Clauses that are not complied.
(iii)
The deviations/exceptions indicated in the above lists shall be
dealt as per the terms and conditions of the EOI.
(iv)
The Bidder shall examine each and every clause including the
sub-clauses, if any, of the technical specification and
commercial terms and conditions of the EOI and shall evaluate
its offer before reflecting the extent of non-compliance in the
deviation/exception statement. The Bidder is required to
comply with the technical specification, commercial terms and
conditions of the EOI Document without any material
deviation/exception.
13. BID SECURITY
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(ii)
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The Bidder shall demonstrate substantive responsiveness to the
Purchaser’s technical specifications and commercial terms and
conditions through a process of establishing non-material
deviation/exceptions, solution and product documentation. The
Bidder shall furnish an undertaking to the effect that it
complies fully with requirements of the all the clauses,
including those of the sub-clauses, if any, of the technical
specifications and commercial terms and conditions of the EOI
except those specifically listed in the deviation/exception
statement.
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(i)
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(b) The compliance of techno-commercial
eligibility of the terms,
conditions and technical specification is sought through the following
procedure:
13.1 (i) Pursuant to clause 8, the bidder shall furnish, as part of his bid, a bid
security for an amount of Rs 3,20,000-/- (Rs Three Lac Twenty thousand)
ONLY. The bidders (small scale units) who are registered with National Small
Scale Industries Corporation UNDER SINGLE POINT REGISTRATION
SCHEME are exempted from payment of bid security up to the amount equal
to their monetary limit. OR Rs. Fifty lakhs whichever is lower:
• A proof regarding current registration with NSIC for the EOIed items
will have to be attached alongwith the bid.
• The enlistment certificate issued by NSIC will not be permanent and
should be renewed within two years of its presentation.
• The unit claiming concession of NSIC is required to submit its monthly
turnover in support of its claim for meeting the delivery schedule.
(ii) If a vender registered with NSIC under single point registration scheme
claiming concessional benefits is awarded work by BSNL and subsequently
fails to obey any of the contractual obligation, he will be debarred from any
further work/ contract by BSNL for one year from the date of issue of such
order.
13.2 The bid security is required to protect the BSNL against the risk of bidder's
conduct, which would warrant the forfeiture of bid security pursuant to para
13.7.
13.3 The bid security shall be in the form of a bank Guarantee issued by a
scheduled bank in favour of the BSNL i.e. Accounts Officer(Cash), O/o
General Manager Telecom District Nainital BSNL Uttarakhnad Telecom
Circle. Payable at Haldwani valid for a period of 180 days from the date of
EOI opening.
13.4 A bid not secured in accordance with para 13.1 & 13.3 shall be rejected
by the BSNL being non-responsive at the bid opening stage and returned
to the bidder unopened.
13.5 The bid security of the unsuccessful bidder will be discharged/returned as
promptly as possible, but not later than 30 days after the expiry of the period
of the bid validity prescribed by the BSNL pursuant to clause 14.
13.6 The successful bidder's bid security will be discharged upon the bidder's
acceptance of the advance purchase order satisfactorily in accordance with
clause 27 and furnishing the performance security.
13.7 The bid security may be forfeited under following conditions:
(a) If the bidder withdraws his bid during the period of bid validity specified
by the bidder in the Bid form or
(b) In the case of successful bidder , if the bidder fails :
(i) to sign the contract in accordance with clause 28 or
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(ii) to furnish performance security in accordance with clause 28.2.
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“During the Bidding process ‘or’ during the course of execution of the
Contract ‘or’ at any stage thereafter, if it is found that the Bidder has
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13.8: The Bidder shall furnish an unequivocal, unqualified and irrecoverable
undertaking along with the Bid to the effect that;
fraudulently misrepresented any of the facts about the product/services etc
being offered under the EOI/Contract, the Purchaser (BSNL) shall be free to
claim a sum equivalent to damage as assessed by it subject to a maximum of
the value of total Contracted Value from the Bidder for such
misrepresentation. The Bidder shall immediately on being told by BSNL pay
such sum of money to BSNL. Quantum of damages under this clause
assessed and levied by the Purchaser (BSNL) shall be final and not
challengeable by the Bidder/Supplier”
14. VALIDITY OF BIDS
14.1 Bid shall remain valid for 180 days from the date of opening of bids
prescribed by BSNL. A bid valid for a shorter period shall be rejected by
BSNL being non-responsive.
14.2 In exceptional circumstances, BSNL may request consent of the bidder for an
extension to the period of bid validity. The request and the response thereto
shall be made in writing. The bid security provided under clause 13 shall
also be suitably extended. The bidder may refuse request without forfeiting
his bid security. A bidder accepting request and granting extension will
not be permitted to modify his bid.
15. BIDDING FORMAT AND SIGNING OF BID
15.1 There shall be two stages of bidding. In the first stage Techno-Commercial
bids of the all bidders shall be opened and evaluated for techno-commercial
compliances. In the second stage Financial bids of all bidders who have been
found successful in Techno Commercial evaluations shall be opened.
However, in order to have ease of bidding, bidders shall be required to submit
both Techno-commercial Bid and Financial Bids together as per process
defined in subsequent clauses.
15.2 (i) The bidder shall prepare one complete set for techno commercial
compliance and one set for financial compliance. The bid for technocommercial compliance shall consists of techno Commercial bid document
duly signed by bidder as acceptance for compliances and Bid security (EMD)
of requisite amount in ORIGINAL. All relevant documents establishing
bidders techno commercial capability and experience certificate etc as per
eligibility conditions are also to be submitted with techno- commercial bid ..
(ii) Financial Compliance bid shall have price quotation as per Price Schedule
given in section VII of the bid and shall be placed in an independent cover
indicating Financial Bid.
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15.4 The bid shall contain no interlineations, erasures or overwriting except as
necessary to correct errors made by the bidder in which case such
corrections shall be signed by the person or persons signing the bid.
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15.3 The Bid shall be typed or printed and all the pages numbered consecutively
and shall be signed by the bidder or a person or persons duly authorized to
bind the bidder to the contract. The letter of authorization shall be indicated
by written power-of-attorney accompanying the bid. All pages of the original
bid, except for un-amended printed literatures, shall be signed by the
person or persons signing the bid. The bids submitted shall be sealed
properly.
15.5 (I) The power of Attorney should be submitted and executed on the nonjudicial stamp paper of appropriate value as prevailing in the respective
states(s) and the same be attested by a Notary public or registered before
Sub-registrar of the state(s) concerned.
(ii) The power of Attorney is to be executed by a person who has been
authorized by Board of Directors of the bidder in this regard, on behalf of the
Company/institution/Body corporate.
(iii) In case bidder being a firm, the said Power of Attorney should be
executed by all the partner(s) in favour of the said Attorney.
16. SEALING AND MARKING OF BIDS
16.1 The bid should be submitted in two covers. The first cover shall contain
the TECHNO-COMMERCIAL BID as prepared in clause no 15.2(i) above
consisting documents, establishing bidder's eligibility as per Clause 3
along with Bid Security as per Clause 13. The Cover at the Top shall have
marking of Techno- Commercial Bid for having clear distinction from finance
bid at the time of opening of bid
16.2 Second Cover shall consists of Price Schedule duly quoted by bidder for all
items. the top of cover shall be marked with Financial Bid Document for clear
distinction and opening at second stage of bidding process.
16.3 Both the covers should be sealed separately by the personal seal of the
bidder.
16.4 (a) The envelopes shall be addressed to BSNL at following address: AGM (Plg)
O/O GMTD Nainital, HQ-Haldwani BSNL Main telephone Exchange Building
Avas- Vikas P.O. Bhotia parao Haldwani .
(b) The envelope shall bear (project name), EOI number and words 'DO NOT
OPEN BEFORE' (due date & time).
(c) The inner and outer envelopes shall indicate name and address of the
bidders to enable bid to be return unopened in case it is declared 'late' or
rejected.
(d) EOI may be sent by registered post or delivered in person on above
mentioned address as mentioned in Clause 16.2 (a) above. Responsibility for
ensuring that EOIs are delivered in time would, vest with bidder.
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(f) Venue of EOI Opening: EOI will be opened in the chamber of AGM (Plg), 2 rd
Floor, Main telephone Exchange Building Avas- Vikas P.O. Bhotia parao
Haldwani . at 15.00 Hrs. on the due date. If due to administrative reason,
the venue of Bid opening is changed, it will be intimated to the bidders either
through press note or by email, if indicated on the envelope/letter head of
the bidders.
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(e) Bids delivered in person on the day of EOI opening shall be delivered upto
13.30 Hrs. to AGM (PLG) {at the venue (address is given in clause 16.2 (f)
below} of EOI opening. BSNL shall not be responsible if the bids are delivered
elsewhere.
17. SUBMISSION OF BIDS
17.1 Bids must be received by the BSNL at the address specified under para
16.2 not later than 13:30 hrs. on due date.
17.2 BSNL may, at its discretion, extend this deadline for the submission of bids
by amending Bid Documents in accordance with clause 7 in which case all
rights and obligations of BSNL and bidders previously subject to the deadline
will thereafter be subjected to the deadline as extended.
17.3 The bidder shall submit his bid offer against a set of bid documents
purchased by him for all or some of the systems/equipment as per
requirement of the bid documents.
18. LATE BIDS
Any bid received by the BSNL after the deadline for submission of bids
prescribed by the BSNL pursuant to clause 16.2(e), shall be rejected and
returned unopened to the bidder.
19. MODIFICATION AND WITHDRAWAL OF BIDS
19.1 The bidder may modify or withdraw his bid after submission provided that
the written notice of the modification or withdrawal is received by the BSNL
prior to the deadline prescribed for submission of bids.
19.2 The bidder's modification or withdrawal notice shall be prepared, sealed,
marked and dispatched as required in the case of bid submission in
accordance with the provision in clause 16. A withdrawal notice may also be
sent by FAX but followed by a signed confirmation copy by post not later
than the deadline for submission of bids.
19.3 Subject to clause 20, no bid shall be modified subsequent to the deadline for
submission of bids.
20. OPENING OF BIDS BY BSNL
20.1 The BSNL shall open bids in the presence of bidders or their authorized
representatives who chose to attend, at 15:00 hrs on 14-05-2013. The
bidder's representatives, who are present, shall sign in an attendance
register. Authority letter to this effect shall be submitted by the bidders
before they are allowed to participate in bid opening (A Format is given in
section XI ).
20.2 A maximum of two representatives of any bidder shall be authorized and
permitted to attend the bid opening.
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20.3 The bidder's names, Bid prices, modifications, bid withdrawals and such
other details as the BSNL, at its discretion, may consider appropriate will be
announced at the time of opening.
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21. CLARIFICATION OF BIDS
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20.4 The date fixed for opening of bids, if subsequently declared as holiday by the
BSNL, the revised date of schedule will be notified. However, in absence of
such notification, the bids will be opened on next working day, time and
venue remaining unaltered.
To assist in examination, evaluation and comparison of bids, BSNL may, at
its discretion ask bidder for clarification of its bid. The request for
clarification and response shall be in writing. However, no post bid
clarification at initiative of the bidder shall be entertained.
22. PRELIMINARY EVALUATION
22.1 BSNL shall evaluate bids to determine whether they are complete, any
computational errors have been made, required sureties have been
furnished, documents have been properly signed and whether the bids are
generally in order.
22.2 Prior to detailed evaluation, BSNL will determine substantive responsiveness
of each bid to bid Document. For purposes of these clauses, a substantially
responsive bid is one which confirms to all the terms and conditions of the
bid documents without material deviations. BSNL's determination of bid's
responsiveness shall be based on the contents of the bid itself without
recourse to extrinsic evidence.
22.4 A bid, determined as substantially non-responsive will be rejected by
BSNL and shall not subsequent to the bid opening be made responsive
by the bidder by correction of the non-conformity
22.2 The financial Bids of only those technical and commercial Bids that are
determined as substantively responsive shall be opened. The financial Bids of
those technical and commercial Bids that are determined as substantively
non-responsive shall be returned to the respective Bidders unopened.
22.2 Arithmetical errors shall be rectified on the following basis. If there is a
discrepancy between unit price and total price that is obtained by
multiplying unit price and quantity, the unit price shall prevail and total
price shall be corrected by BSNL. If there is a discrepancy between words and
figures, the amount in words shall prevail. If bidder does not accept
correction of errors, his bid shall be rejected.
22.3 BSNL may waive any minor infirmity or non-conformity or irregularity in a
bid which doesn't constitute a material deviation, provided such waiver
doesn't prejudice or effect relative ranking of any bidder.
23. EVALUATION AND COMPARISON OF SUBSTANTIALLY RESPONSIVE BIDS
23.1 The BSNL shall evaluate in detail and compare the bids previously
determined to be substantially responsive pursuant to clause 22.
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23.2 The evaluation and comparison of responsive bids shall be done on the basis
of the prices offered, as indicated in the price schedule in the Sec.VII part II
of the Bid-document.
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of Optional item shall be included for evaluation of the EOI, unless otherwise
specified. BSNL reserves the right to extend the contract or not.
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23.3 Though the prices of optional items have been separately asked for, the cost
24. PLACEMENT OF ORDER
BSNL shall consider placement of orders for execution of contract on two
successful bidders at approved rates in the ratio of 70/30 % as per their
price ranking starting from L-1 bidder getting 70% of the quantity. However
in case of non availability of eligible bidders or no bidding, BSNL may
consider to award total work to successful L-1 bidder. The order shall be
placed at evaluated & approved prices in respective cluster.
25. BSNL'S RIGHT TO VARY QUANTITIES
BSNL will have the right to increase or decrease up to 25% of the total
contracted quantity in each cluster without any change in the unit price or
other terms and conditions at the time of award of contract.
26. BSNL'S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS
The 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 whatsoever and without thereby
incurring any liability to the affected bidder or bidders on the grounds
of BSNL's action.
27. ISSUE OF ADVANCE WORK ORDER
27.1 The issue of an Advance Purchase Order shall constitute intention of BSNL to
enter into contract with the bidders.
27.2 Bidder shall be required to submit his acceptance and performance security
within 14 days after acceptance of his EOI. The performance security shall be
furnished in the form of bank guarantee issued from a nationalised bank, in
the name of Accounts Officer(Cash), BSNL O/O General Manager Telecom
District, Nainital Telephone Exchange at Haldwani , amounting to 10% of the
contracted value valid for 180 days beyond contract period of two years. In
case contract is extended to further one year bidder has to extend validity of
PBG beyond 180 days of extended period of contract.
28. SIGNING OF CONTRACT AND PERFORMANCE SECURITY
28.1 The issue of Purchase order shall constitute the award of contract on the
bidder.
28.2 Upon the successful bidder furnishing performance security pursuant to
clause 27, BSNL shall discharge the bid security in pursuant to clause 13.
29. ANNULMENT OF AWARD
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Failure of the successful bidder to comply with the requirement of clause 28
shall constitute sufficient ground for the annulment of the award and the
forfeiture of the bid security in which event the BSNL may make the award to
any other bidder at the discretion of the BSNL or call for new bids.
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30. While all the conditions specified in the Bid documents are critical and are to
be complied, special attention of bidder is invited to the following clauses of
the bid documents. Non-compliance of any one of which shall result in
out right rejection of the bid.
(i) Clause 16.1 of Section II : The bids will be recorded/returned
unopened if covers are not properly sealed with 'PERSONAL SEAL' of
the bidder.
(ii) Clauses 13.1, 13.3 & 14.1 of Section II : The bids will be rejected at
opening stage if Bid security is not submitted as per Clauses 13.1 & 13.3
and bid validity is less than the period prescribed in Clause 14.1
mentioned above.
(iii) Clause 3 & 11 of Section II : If the eligibility condition as per clause 2
of Section II is not met and/or documents prescribed to establish the
eligibility as per Clause 10 of section II are not enclosed, the bids will be
rejected without further evaluation.
(iv) Clause 12.1 ( b ) of Section II :
(v) (vi) Section VII Price Schedule : Prices are not filled in as prescribed in
price schedule.
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33. BSNL reserves the right to blacklist a bidder for a suitable period in case he
fails to honour his bid without sufficient grounds.
SECTION III
GENERAL (COMMERCIAL) CONDITIONS OF CONTRACT
1. APPLICATION
The general condition shall apply in contracts made by BSNL for execution
of contract on managed capacity and managed services basis.
2. STANDARDS
The goods and services covered under the contract shall conform to the
standards prescribed in the Technical Specifications mentioned in section VI.
3. PATENT RIGHTS
The supplier shall indemnify the BSNL against all third-party claims of
infringement of patent, trademark or industrial design rights arising from use
of the goods or any part thereof in Indian Telecom Network.
4. PERFORMANCE SECURITY
4.1 All bidders (including small scale units who are registered with the National
Small Scale Industries Corporation under Single point registration scheme)
shall furnish performance security to the BSNL for an amount equal to 10%
of the value of work order within 14 days from the date of issue of Advance
Purchase Order by the BSNL.
4.2 The proceeds of the performance security shall be payable to the BSNL as
compensation for any loss resulting from the bidder's failure to complete its
obligations under the contract.
4.3 The performance security Bond shall be in the form of Bank Guarantee
issued by a scheduled Bank and in the form provided in 'Section XII' of this
Bid Document.
4.4 The performance security Bond will be discharged by the BSNL after
completion of the supplier's performance obligations under the contract.
5. INSPECTION AND TESTS
5.1 BSNL or his representative shall have the right to inspect and test the goods
and services as per prescribed test schedules for their conformity to the
specifications. Where the BSNL decides to conduct such tests on the
premises of the bidder or its subcontractor(s), all reasonable facilities and
assistance like Testing instruments and other test gadgets including access
to drawings and production data shall be furnished to the inspectors at no
charge to the BSNL.
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5.2 Should any inspected or tested goods and/or services fail to conform to the
specifications, BSNL may reject them and bidder shall either replace the
rejected goods or make all alterations necessary to meet Specification
requirements free of cost to the BSNL.
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6.1 Delivery of the documents related to contract shall be made by the bidder in
accordance with the terms specified by the BSNL in its schedule of
requirements and special conditions of contracts, and the goods and
services offered by the bidder to complete its obligations under the contract
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6. DELIVERY AND DOCUMENTS
shall remain at the risk of the bidder as per provisions defined in special
conditions of contract.
6.2 The delivery of the goods, services and documents shall be completed
within one month from the date of commissioning of a network in a cluster.
7. TRAINING
7.1 The bidder shall provide training for the awareness of personnel deployed at
BSNL premises on operations and maintenance And also on upkeep of
premises/ installations free of cost, so that obligations under tender is
discharged successfully and effectively.
.
8. INCIDENTAL SERVICES
8.1
As contract also covers comprehensive operations & maintenance basis,
bidder has to take care of all requirements in the field which may be needed
in execution , operations and maintenance of the contracted project. This
may include:
(a) managing site survey for infra items installed and perform initial repairing
to make all infra items operational at their optimum level.;
(b) managing contractual obligations in terms of hiring labourers for execution
of contract
9. SPARES
9.1 The bidder shall maintain sufficient stock of spares so that network
performance and capacity are not compromised due to non availability of
spares in field.
10. WARRANTY
10.1 As contract is on comprehensive basis. Infra items once handed over to
bidder shall be under direct possession of the contractor and he shall be
responsible for complete management of services from infra as defined in
SLA.
11. PAYMENT TERMS
11.1 BSNL shall be making one time payment for repairing of infra items to
perform at its optimum level. Thereafter it shall be monthly payment per site
basis for operations and maintenance.
11.2 BSNL shall also be making payment towards energy charges as per CPH
defined at the time of making over site to contractor ( if order in PO and/or
later on included in scope of work)
11.3 Detailed terms & conditions are defined in clause number 13.0 of Special
Conditions of Contract section IV.
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12. PRICES
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Prices charged by the bidder for execution of contract under the contract
shall not be higher than the prices quoted by the bidder in his Bid.
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13. CHANGES IN PURCHASE ORDERS
13.1 The BSNL may, at any time, by a written order given to a bidder, make
changes within the general scope of the contract in any one or more of the
following:
(a)
change in cluster dimension or contracted capacity/quantity
(b)
provisioning of more BTS in a given area of the cluster if required
13.2 If any such change causes an increase or decrease in the cost of, or the time
required for the execution of the contract an equitable adjustment shall be
made in the contract price or delivery schedule, or both, subject to provision
that over all contract period remains the same.
14. DELAYS IN THE SUPPLIER'S PERFORMANCE
14.1 Delivery of the Goods and performance of the services shall be made by the
bidder in accordance with the time schedule specified by the BSNL in its
purchase order. In case the roll out of the network is not completed in the
stipulated delivery period, as indicated in the Purchase Order, BSNL reserves
the right either to short close /cancel this purchase order and/or recover
liquidated damage charges. The cancellation/short closing of the order shall
be at the risk and responsibility of the bidder and BSNL reserves the right to
get work completed by its own sources at the risk and cost of the defaulting
vendors.
14.2 Delay by the bidder in the performance of its service delivery obligations shall
render the bidder liable to any or all of the following sanctions: forfeiture of
its performance security, imposition of liquidated damages and/or
termination of the contract for default.
14.3 (i) If at any time during the performance of the contract, the bidder
encounters condition impending timely delivery of goods and service, bidder
shall promptly notify to the BSNL in writing the fact of the delay, its likely
duration and its cause(s). As soon as practicable after receipt of the bidder's
notice, BSNL shall evaluate situation and may at its discretion extend the
period for performance of the contract (by not more than 20 weeks or as per
provisions of clause 15, Section-IV) as per provision given below :
(ii) In case extension is granted beyond 20 weeks then bidder shall submit
additional BG while seeking extension. For piecemeal items the amount of
additional BG shall be 1% of the value of balance quantity of items to be
supplied for which extension in delivery period has been sought. The
additional BG shall be valid for the period six months beyond extension of
delivery period sought
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(iii) If the vendor fails to deliver the pending obligations even during extended
delivery period then the PO shall be short-closed and the Performance Bank
Guarantee as well as additional BG shall be forfeited.
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15.1 The date of delivery of the goods and services stipulated in the acceptance of
the EOI should be deemed to be the essence of the contract and delivery
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15. LIQUIDATED DAMAGES
must be completed, not later than the dates specified therein. Extension will
not be given except in exceptional circumstances. Should, however, deliveries
be made after expiry of the contracted delivery period, without prior
concurrence of the BSNL and be accepted by the consignee, such delivery will
not deprive the BSNL of his right to recover liquidated damage under clause
15.2 below. However, when delivery is made within 21 days of the contracted
original delivery period, BSNL may accept the deliverables and in such cases
the provision of clause 15.2 will not apply.
15.2 (i) Should the supplier fails to deliver the EOIed obligations in full or part
thereof within the period prescribed and agreed for delivery, the BSNL,
without prejudice to other remedies available to the BSNL shall be entitled to
recover, as agreed liquidated damages for breach of contract, a sum
equivalent to 0.5% of the value of the pending deliverables for each week of
delay or part thereof for a period up to 10 (TEN) weeks, and thereafter at the
rate of 0.7% of the value of the delayed supply and/ or undelivered project
for each week of delay or part thereof for another TEN weeks of delay.
Pending deliverables means capacity of contracted erlang per month which is
pending for commissioning due to vendor reasons.
(ii) DP extension beyond 20 weeks would not be generally allowed. The
extension beyond 20 weeks may be decided in most exceptional
circumstances on case to case basis, by the CGM concerned stating reasons
and justifications for grant of extension of delivery period beyond 20 weeks.
(iii)Quantum of liquidated damages assessed and levied by the BSNL and
decision of the BSNL thereon shall be final and binding on the bidder.
Further the same shall not be challenged by the bidder either before
Arbitration tribunal or before the court and. The same shall stand specifically
excluded from the purview of the arbitration clause, as such shall not be
referable to arbitration.
(iv) The total value of the liquidated damages as per above sub-clauses shall
be limited to a maximum of 12% (Twelve percent) i.e. LD shall be levied upto
20 weeks only as per provision at para (i).
(v)
Deduction of LD amount shall be done from the payable amount of
the invoices raised against SS GSM network operating under the contract.
LD percentage shall be applied keeping delay and pending deliverables into
account.
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16.1 If, at any time, during the continuance of this contract, the performance in
whole or in part by either party of any obligation under this contract is
prevented or delayed by reasons 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 (hereinafter 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,
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16. FORCE MAJEURE
neither party shall by reason of such event be entitled to terminate this
contract nor shall either party have any claim for damages against other in
respect of such non-performance or delay in performance, and deliveries
under the contract shall be resumed as soon as practicable after such an
event come to an end or cease to exist, and the decision of the BSNL as to
whether the deliveries have been so resumed or not shall be final and
conclusive. Further that if the performance in whole or part of any obligation
under this contract is prevented or delayed by reasons of any such event for
a period exceeding 60 days, either party may, at its option, terminate the
contract.
16.2 Provided, also that if the contract is terminated under this clause, BSNL shall
be at liberty to take over from the bidder at a price to be fixed by the BSNL,
which shall be final, all unused, undamaged and acceptable materials,
bought out components and stores in course of manufacture which may be
in possession of the contractor at the time of such termination or such
portion thereof as the BSNL may deem fit, except such materials, bought out
components and stores as the contractor may with the concurrence of the
BSNL elect to retain.
17. TERMINATION FOR DEFAULT
17.1 The BSNL may, without prejudice to any other remedy for breach of contract,
by written notice of default, sent to the bidder, terminate this contract in
whole or in part
a) if the bidder fails to deliver any or all of the goods and services within the
time period(s) specified in the contract, or any extension thereof granted by
the BSNL pursuant to clause15;
b) if bidder fails to perform any other obligation(s) under the Contract; and
c) if bidder, in either of the above circumstances, does not remedy his failure
within a period of 15 days (or such longer period as the BSNL may authorize
in writing) after receipt of the default notice from the BSNL.
17.2 In the event the BSNL terminates the contract in whole or in part pursuant to
clause 18.0 the BSNL may get pending work completed by its own resources
and bidder shall be liable to the BSNL for any excess cost for such similar
goods. However bidder shall continue the performance of the contract to the
extent not terminated.
18. TERMINATION FOR INSOLVENCY
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19. DISPUTE & ARBITRATION
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The BSNL may at any time terminate the Contract by giving written notice to
the bidder, without compensation to the bidder, if bidder becomes bankrupt
or otherwise insolvent as declared by the competent court provided that such
termination will not prejudice or affect any right of action or remedy which
has accrued or will accrue thereafter to the BSNL.
The party initiating conciliation shall send to the other party a written
invitation to conciliate. Conciliation proceedings shall commence when
the other party accepts in writing the invitation to conciliate. If the
other party rejects the invitation, or does not reply within thirty days
from the date of invitation, there will be no conciliation proceedings.
(iv)
When it appears to the Conciliator that there exists element of a
settlement which may be acceptable to the parties, he shall formulate
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(iii)
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GM TD Nainital shall give BSNL decision based on discussions and
decision taken in Network Governance Committee in writing on the
claims notified by the contractor within 30 days of the receipt of the
notice thereof. If the contractor is not satisfied with the decision of the
GM TD Nainital, the contractor may within 15 days of the receipt of the
decision of the GM TD Nainital submit his claims to the conciliating
authority named in Schedule F for conciliation along with all details
and copies of correspondence exchanged between him and the GM TD
Nainital
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(ii)
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19.1 Except where otherwise provided in the contract all questions and disputes
relating to the meaning of the specifications, designs, drawings and
instructions herein before mentioned and as to the quality of workmanship
or materials used on the work or as to any other question, claim, right,
matter or thing whatsoever in any way arising out of or relating to the
contract, designs, drawings, specifications, estimates, instructions, orders or
these conditions or otherwise concerning the works or the execution or
failure to execute the same whether arising during the progress of the work
or after the cancellation, termination, completion or abandonment thereof
shall be dealt with as mentioned hereinafter:(i)
If the contractor considers that he is entitled to any extra payment or
compensation in respect of the works over and above the amounts
admitted as payable by the BSNL or in case the contractor wants to
dispute the validity of any deductions or recoveries made or proposed
to be made from the contract, the contractor shall forthwith give notice
in writing of his claim, in this behalf to the GM Telecom District
Nainital within 30 days from the date of disallowance thereof for which
the contractor claims such additional payment or compensation or
disputes the validity of any deduction or recovery. The said notice shall
give full particulars of the claim, grounds on which it is based and
detailed calculations of the amount claimed and the contractor shall
not be entitled to raise any claim nor shall the BSNL be in any way
liable in respect of any claim by the contractor unless notice of such
claim shall have been given by the contractor to the GM TD Nainital in
the manner and within the time as aforesaid. The contractor shall be
deemed to have waived and extinguished all his rights in respect of any
claims not notified to the GM TD Nainital in writing in the manner and
within the time aforesaid.
the terms of a possible settlement and submit them to parties for their
observation after receiving the observations of the parties. He may
reformulate the terms of a possible settlement in the light of such
observations. If the parties reach agreement on settlement of the
dispute, they may draw up and sign a written settlement agreement.
Parties may request the Conciliator to draw up or assist them in
drawing up the settlement agreement. Such settlement agreement shall
have the same status and effect as if it were an arbitral award on
agreed terms on the substance of the dispute rendered by an arbitral
tribunal under section 30 of Arbitration and Conciliation Act, 1996. If a
settlement does not appear possible, the Conciliator, after consultation
with the parties will give a written declaration that further efforts at
Conciliation are no longer justified and the conciliation proceedings are
terminated.
(v)
When conciliation proceedings have become infructuous or have been
terminated, the party, which initiated the Conciliation shall, within a
period of 30 days of termination thereof shall give a notice, in the form
prescribed by the BSNL, to the Chief General Manager Telecom, Bharat
Sanchar Nigam Limited, Uttarakhnad for appointment of an arbitrator
to adjudicate the notified claims failing which the claims of the
contractor shall be deemed to have been considered absolutely barred
and waived.
(vi)
Except where the decisions have become final, binding and conclusive
in terms of the contract, all disputes arising out of the notified claims
of the contractor as aforesaid and all claims of the BSNL shall be
referred for adjudication through the arbitration by the sole arbitrator
appointed by the Chief General Manager Telecom, Bharat Sanchar
Nigam Limited, Uttarakhnad. It will also be no objection to any such
appointment that the arbitrator so appointed is a BSNL Employee and
that he had to deal with the matters to which the Contract relates in
the course of his duties as BSNL Employee. If the arbitrator so
appointed is unable or unwilling to act or resigns his appointment or
vacates his office due to any reason whatsoever, another sole arbitrator
shall be appointed in the manner aforesaid by the said Chief General
Manager Telecom. Such person shall be entitled to proceed with the
reference
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19.3 It is also a term of this contract that no person other than a person
appointed by such Chief General Manager Telecom, Bharat Sanchar Nigam
Limited or the administrative head of the Bharat Sanchar Nigam Limited as
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19.2 It is a term of this contract that the party invoking arbitration shall give a
list of disputes with amounts claimed in respect of each dispute along with
the notice for appointment of arbitrator.
aforesaid should act as arbitrator and if for any reasons that is not possible,
the matter shall not be referred to arbitration at all.
19.4 The conciliation and arbitration shall be conducted in accordance with the
provisions of the Arbitration & Conciliation Act 1996 or any statutory
modification or re-enactment thereof and the rules made there under and for
the time being in force shall apply to the arbitration proceeding under this
clause.
19.5 It is also a term of this contract that the arbitrator shall adjudicate on only
such disputes as are referred to him by the appointing authority and give
separate award against each disputes and claim referred to him. The
arbitrator shall give reasons for the award for each dispute referred to him. It
is also a term of the contract that if any fees are payable to the arbitrator
these shall be paid equally by both the parties.
19.6 It is also a term of the contract that the arbitrator shall be deemed to have
entered on the reference on the date he issues notice to both the parties
calling them to submit their statement of claims and counter-statement of
claims. The venue of the arbitration shall be such place as may be fixed by
the arbitrator in his sole discretion. The fees, if any, of the arbitrator shall, if
required to be paid before the award is made and published, be paid half and
half by each of the parties. The cost of the reference and of the award
(including the fees, if any, of the arbitrator) shall be in the discretion of the
arbitrator who may direct to any, by whom and in what manner, such costs
or any part thereof, shall be paid and fix or settle the amount of costs to be
so paid.
19.7The venue of the arbitration proceeding shall be the office of the Chief General
Manager Telecom, Bharat Sanchar Nigam Limited, Uttarakhnad Circle or such
other places as the arbitrator may decide.
19.8Any party shall not use any information obtained from other party during the
course of dispute resolution process under this clause for any purpose other
than to resolve the dispute and such information shall not be used in any
litigation.
20.0 TERMINATION OF CONTRACT
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On termination of contract, contractor shall be responsible for making over all
infra items to BSNL in working conditions without any cost and he shall also
be responsible for settlement of all dues towards different agencies engaged for
execution of subcontracts in that cluster. In case BSNL finds that some of
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If contractor does not perform satisfactorily as per SLA defined, consistently
over a period of three months, BSNL reserves the right to terminate contract in
a given cluster by giving two months notice to contractor.
infra item is not functional then prices offered to make similar infra item
functional or actual cost of repairing for infra item to make it functional,
whichever is higher, shall be recovered from pending bills/PBG of the
contractor. Further, if there are certain dues, pending towards some agencies,
these shall be retained on face value of complaint if any received in this
regard, However settlement of all dues shall be responsibility of the contractor
only. The retained amount shall be released after getting written confirmation
for receipt of dues from complainant.
21.0 SET OFF
Any sum of money due and payable to the bidder (including security deposit
refundable to him) under this contract may be appropriated by the BSNL or
the BSNL or any other person(s) contracting through the BSNL and set off the
same against any claim of the BSNL or BSNL or such other person or person(s)
for payment of a sum of money arising out of this contract or under any other
contract made by the supplier with the BSNL or BSNL or such other person(s)
contracting through the BSNL.
22.0 COURT JURISDICTION
(i) Any dispute arising out of the EOI/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/EOI has been issued.
(ii) Where a contractor has not agreed to arbitration, the dispute/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 Nainital only”.
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SECTION IV
SPECIAL CONDITIONS OF CONTRACT
1.
The special conditions of contract shall supplement the 'Instructions to the
Bidders' as contained in Section II & "General (Commercial) Conditions of
the Contract" as contained in Section III and wherever there is a conflict,
the provisions herein shall prevail over those in Section II and Section III.
2. (i) The bank guarantee for bid security or NSIC certificate for claiming
exemption from submission of bank guarantee against bid security, as
prescribed in clauses 13.1 & 13.3 of Section II of the bid document. The bank
guarantee so submitted shall be as per the format given in Section XII on
prescribed judicial paper with stamps of proper value and should contain full
address of the issuing branch of the bank with its telephone number and
FAX number. This cover should be superscribed as "BID SECURITY FOR
EOI No OP-4/Tender/E.A./AMC/GMTD/NT/2013-14/1 issued on 10-042013.
3.
Small scale industries registered with National Small Scale Industries
Corporation(NSIC) for the EOIed item under single point registration scheme
and desirous of claiming concessions available to such units inclusive of bid
security should submit their latest NSIC certificates and documents in
respect of their monetary limit and financial capability duly certified by
NSIC.
4.
BSNL intends to limit the number of technically and commercially responsive
bidders to one from the list of such bidders arranged in increasing order of
their evaluated prices starting from the lowest for the purpose of ordering
against this EOI.
5. Validity of Bid & Contract:
5.1 The rates quoted in the bid shall be valid for a period of minimum 180 days
from the date of opening of bid/ submission of EOI document to BSNL.
5.2 The contract shall be valid for a period of two years from the date of
signing of agreement with BSNL, extendable to further one year on
mutually agreed terms and conditions. However in case of exigencies BSNL
may offer for extension of period upto maximum six months beyond valid
contract period (two years) on the terms and conditions of existing contract .
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Comprehensive operations and maintenance of Diesel Generator Sets of
various capacities and make varying from 15 KVA to 63 KVA, and general
upkeep of station premises including all its installations at designated BSNL
stations given in Section V.
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6.1
Scope of Work :
Scope of work broadly covers following two items:
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6.
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Performing routine maintenance as per schedule and repair support for the
major breakdown or problem if encountered in DG sets under contract not
covered under comprehensive operations and maintenance at any station.
6.3 These Generator sets are installed at BSNL/NBSNL Telephone
Exchanges/BTS sites in Nainital Telecom District spread in Nainital,
Udhamsingh Nagar and Part of Champawat Districts (bordering UP upto
Tanakpur) of Uttarakhnad Telecom Circle . Further broad illustrations of
various methodologies under above scope of contract are given below.
6.4 BSNL shall offer DG Sets installed at various stations on ‘as is where is
basis’. Contractor has to carry out a detailed survey for taking over DG sets
and sites ( covered under upkeep work) . Problems if any identified at any
station in DGs and or infra items shall be clearly listed down and shall be
verified by concerned site incharges counter signed by area DET within three
weeks of date of issue of work order.
6.5 BSNL shall examine requirement at each site and shall accord approval for
repairing/ corrective actions to be taken up by contractor, within two weeks
of submission of report for each site.
6.6
Contractor shall perform repairing/corrective actions at each site and shall
make all DG Sets operational to their optimum level maximum within four
weeks from the date of approval by BSNL at each site.
6.7 The Delay in rectification of faults identified and approved by BSNL shall
invite penal action as per provisions in penalty clause number 11.10.4,
11.10.5 & 12.3 of Section IV.
6.8
Stations which are covered under COM & Upkeep shall be handed over to
the contractor for further operations and execution of work under the
contract. Contractor shall be solely responsible for performance of routine
maintenance as per schedule, repairing of faults if any occurred during
operations of DG sets and upkeep of station as defined in the clauses below.
6.9 Stations which are not covered under above provisions and are covered with
maintenance and repairing support shall continue to be operated by BSNL by
its own resources. However contractor has to perform preventive
maintenance of DG sets as per schedule and shall have a broad supervision
on working of DG sets to ensure that no unwanted faults are generated due
to poor maintenance, bad upkeep and/or bad operation practice. In case of
such items are noticed, contractor shall inform in writing to concerned site
incharge of BSNL with a copy to concerned DET and DGM (P) at Haldwani.
Failure of contractor to inform BSNL designated authorities may bring
contractor’s responsibility in correcting faults without any cost to BSNL.
6.10 BSNL shall be supplying consumables for servicing (only lubricants but no
filters or parts etc) and diesel for operations of DG sets.
6.11 Under Upkeep work contractor has to ensure proper cleanness and hygienic
ambience in surrounding/inside campus including equipment, power,
battery and other rooms. Contractor has also to ensure safe guarding of all
installations inside the campus.
25
6.2
6.12 Under upkeep contractor has to escalate alarms of infra & other items not
covered under maintenance contract, to the designated BSNL authorities as
per matrix defined by BSNL for various station.
6.13 Contractor shall also ensure that infra alarms for DG sets as defined in bid
or subsequently by BSNL are extended from each BTS location to OMCR at
BSC Locations. Accordingly contractor has to lay alarm cables and sensors
for sensing alarm of DG Sets and make arrangements for extending them
through existing BTS or alarm extension system if installed at the station.
Material in this regard shall be provided by BSNL.
6.14 Contractor shall ensure that alarms once extended shall remain operational
throughout the period of contract and failure if any, has to be set right
maximum within 24 Hrs of reporting to the contractor.
6.15 Contractor has to provide escalation matrix for escalation of various
problems on contracted items by BSNL. There shall be provision of contact
persons with telephone number and E mail addresses where in BSNL shall
escalate problems to the contractor.
6.20 “Operations ”
Operations mean day to day operations of all infra items as per operation
schedule for each item, upkeep and safe guard of all installations (active &
passive including tower, lights & other campus utilities) in good conditions.
Operations also include check of alarms defined at the station and raising
the same as per escalation matrix decided at the time of agreement..
Further, there shall be maintenance of log books of various operations and
any activity being performed at the station.
Payments of energy charges to UAL PCL, operations of aviation lights on
tower, assistance to BSNL in handling diesel, or any other work at site
shall also be part of day to day operations of the contractor.
6.21.
Maintenance Services”: means service, supervision, routine checks,
routine repairs, preventive maintenance, break down repair & maintenance
of DG Sets at site .
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6.22. “Repair Work”
The Contractor shall ensure that all DG Sets listed are maintained as
per the manufacturer’s recommendation. All the equipments are
designed for long life. Contractor shall arrange for required
26
As regards to maintenance of other infra items such as, Power Plants,
Back up Battery Bank upkeep including its top up charging DG Sets, Air
Conditioners, Servo Stabilizers, Earthing (excluding replacement), utility
power connection except tower but including aviation lights, Fire Alarm,
same shall be performed by BSNL directly or through out sourced. However
Contractor has to ensure proper cleanness of all infra items and shall
maintain ambient conditions as per schedule defined by BSNL. Raising of
Alarms for likely trouble of any or all infra items shall also be part of
contractor obligations under this contract.
preventive maintenance activities of DG sets during course of the contract.
Any damage to the DG set due to deficiency in maintenance of the DGs
shall be determined by GM TD or his designated officer and it shall attract
compensation to be recovered from the contractor to make DG good or full
replacement of DG set. The decision of GM TD Nainital shall be final &
binding in this regard.
The resolution team shall be accessible on mobile numbers and E- Mail.
Additionally there shall be at least one telephone line at Cluster level where
fault log in can be done in case other sources are not accessible.. Mobile
number and email shall be available 24 hours a day on all days in a year.
7.4
The fault booking shall be done on web-based tool/ or any other
mechanism devised for this purpose which will be accessible to the Cluster
Head/ BSNL Site incharges. BSNL designated officials/officers shall log fault
in web booking tool which shall be accessed, attended in field and thereafter
recorded in fault log system for information and acceptance of fault
clearance by filed unit.
7.5
The log of web based tool/ fault log tool shall be taken as reference while
settlement of monthly bill. As such it shall be essential that
8
General assumptions and conditions
8.1
For discharging
O&M
activities
as per defined O&M procedures
Contractor should have technical and managerial expertise in managing
multi vendors Infrastructure equipment.
8.2
The intent of this document is to define the generic requirements. The
generic requirements only define a broad scope of activities. The Contractor
is expected to do the detailing for all activities involved. If any activity / subactivity is required to be performed to meet the SLA and which is
not a part of the generic requirement the same shall be assumed to be
covered as a part of the Contractor Scope of Work whether explicitly
mentioned or not.
8.3
In this document we have provided the details of major
infrastructure
elements only. Contractor shall manage the entire major,
minor and other ancillary infrastructure elements that falls under network
27
7.3
Page
7.2
There shall be escalation facilities for any problem encounter at site by DG
operator and/or site upkeep persons starting from site incharge to the Head
in Telecom District and Cluster Head of the contractor. Here cluster means
Division Level
Fault, if any, shall be communicated through SMS/ telephone/ e-mail/fax
by BSNL. Fault once communicated by any mode of communication shall be
deemed to have registered in contractor account and time for resolution
shall start immediately thereafter. However, for record purposes such faults
shall be recorded in web based tool/or any other tool developed by BSNL
with clear indication of time and date of previous communication if any.
27
7.1
Fault Escalation & Resolution Process
Page
7.0
infrastructure to meet the agreed SLAs.
8.4
The Contractor shall also be solely responsible for all statutory
compliances,
regular
liaisoning
with
Government bodies, for
compliance of various provisions specially in respect of labour norms etc...
9
The infrastructure elements include but are not strictly restricted to, the
following elements
i.
Indoor Exchange/BTS Sites
a) Diesel Generator set
b) Servo stabilizers, static stabilizer, line conditioning equipment, isolation
transformer
c) Air conditioners
d) Power Plants & Battery Banks (Contractor is responsible to ensure that
Battery Banks are charged to its specified values every time after
discharge. Further the battery bank should not get discharged below a
specified voltage )
e) Incoming EB connection, commercial main supply including energy meter,
power cables, electrical panels, aviation light with its controller etc.
f) Site electrical system Site earthing system including earth pits, earthing
cables, strips Surge protection system, Lightning protection system,
g) Fire detection, alarm and fighting/suppression system
h) General upkeep of MDF Room, Switch room and Transmission room and
BTS room, surrounding and tower space ( to ensure easy accessibility &
safety to each installations including antennae mounted on towers)
10
11.
Above list of items & their configurations may vary from Site to Site. BSNL
reserves the right to add and/or remove any equipment to / from the
aforesaid list or add additional BTS sites at its sole discretion and contractor
shall be required to continue O&M support activities.
Service Level Agreement
28
11.1Service level agreement emphasises on network availability i.e. uptime of
equipment installed at the station and maintenance of due proper ambient
environment inside & outside equipment room.
28
Page
11.3 Maintenance of due ambient environment means temperature inside
equipment room has to be maintained upto a level of 27 degree Celsius +/3 degrees on 24x7 basis.
Page
11.2 Uptime of equipment means all equipment installed at the station are
powered ON from the supply being provided through infra items installed.
11.4 The environment outside equipment room means contractor has to ensure
proper upkeep of the premises and safeguard all installations at the station
where equipment is installed.
11.5 Failure of contractor to respond BSNL call and escalation shall invite penal
actions as mentioned in clause number 11.10.4, 11.10.5 & 12.10.5.
11.6 Contractor has to ensure that all infra alarms as defined in the bid remain
extended to BSNL NOC through the BTSs/nodes installed at the station.
They also need to ensure that all these alarms remains functional through
the contract period on 24x7 basis.
11.7 BSNL shall generate a facility to maintain log of all infra alarms which can
be referred by contractor and BSNL as and when required. These logs shall
be shared with contractor in each month as per schedule defined in SLA
below in clause no.11.10.2 for reconciliation of outages to be deducted from
payable amount in each month.
11.8 At stations where contractor is performing upkeep also, it shall be
contractor’s responsibility to escalate problems in network to designated
authority of BSNL, not attributable to their reasons. BSNL on receipt of
such escalation shall respond to contractor after confirmation from
concerned unit. Such transaction of information shall be in records for
reconciliation of future disputes, if any.
11.9 Contractor is liable for paying compensation to BSNL on account of non
performance, partial performance, performance degradation etc which may
account to BSNL due to non/ improper delivery of services. Compensation
shall start immediately, if contractor is not meeting defined parameters
within/upto specified limits as mentioned in tables given below.
11.10
Network Availability The compensation for network availability are
given below
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11.10.2 At stations where contractor is responsible for comprehensive
operations and maintenance and upkeep of station, contractor shall be
responsible for ensuring that there is availability of AC/DC power to
equipment on 24x7 basis and there is no failure of equipment on
account of non availability of AC Power from DG sets and/or bad
upkeep of station resulting breakdown of services and/or non
escalation of alarms of infra
not covered under comprehensive
maintenance contract of this tender . The reasons attributable to
contractor shall only be counted while working out outage of network.
A log of monitoring data shall be maintained by BSNL which shall be
shared with contractor on weekly basis for reconciliation purposes.
29
11.10.1 Network availability shall be measured Station wise, averaged over a
month, for which invoice is raised.
Reconciled log shall be taken for calculation of monthly outage at the
station.
11.10.3 At stations where contractor’s responsibility is to provide
comprehensive maintenance and repair support without operations &
upkeep, contractor shall be responsible for execution of all preventive
maintenance actions as per schedule. Repairing of faults if any, are to
be performed within turnaround time as defined in clause number 12.
Failure DG power supply due to non performance of maintenance as
per schedule defined and/or non repairing of faults, resulting outage
of station equipment shall be counted under penalty as defined in
clause.. given below
11.10.4 BSNL intends to reward for good work performed by contractor and
at the same time, shall penalize for the bad performance. Accordingly
network availability is graded in terms of percentage availability ranges
and BSNL expects that in none of the case average network availability
of station on account of poor or non performance of any/all infra items
under the contract shall fall below 90 % which may force BSNL to pay
minimum amount as per cap defined in the table. The parameters
measured for network availability falling under reward & penalty
scheme shall be attributable to reasons on contractor only.
Total Network up time
achieved averaged over a
month
Upto 100 %
Total Penalty in
%age on Monthly
Billed Amount
Nil
Reward in %age on
per site basis
99.99 % - 99.01%
99.00% - 98.01%
98.00% - 96.01%
96.00% - 95.01%
95.00% -94.01%
94.00%-93.01%
93.00%-92.01%
92.00%-90.01%
Less than 90 %
Nil
2%
5%
10%
15%
25%
40%
60%
75%of monthly
payable amount
Nil
Nil
NIL
NIL
NIL
NIL
NIL
NIL
NIL
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11.10.5
Though for reward and penalty purposes, network availability
has been considered on station basis but contractor has to ensure
that none of the station element should remain down for
continuously more than 72 hours, failing which an additional
penalty of Rs 1,000 per day ( for DG , & Battery Back Up sets) shall
be levied beyond 72 hours, subject to maximum Rs 5000 per station
per month.
30
1%
11.10.6
In case of sustained non performance by contractor (average
network availability at a station is less than 90% due to reasons
attributable to contractor) over a period of three months
consequently, BSNL reserves right to cancel work order in the
cluster without assigning further reasons.
12.0 Classification of Faults and Restoration Time
The Contractor shall adhere to following Service Level Agreement (SLA) for
restoration of fault-
Type of
Fault
Response time
Urban
1
2
3
4
Critical
Major
Minor-1
Minor-2
60 min
90 min
180 min
300 min
Remedy
Restoration
Remarks
72 hrs
Site is completely off
due to non performanc
of DG or any other
device under contract
72 hrs
Site is up but faults
like in DG set & other
devices under contract
which might result in
site down conditions
quickly
72 hrs
Site is up but faults
like Load on battery,
DG fail to start which
might result in site
down later
96 hrs
Low fuel alarm, DG fai
to stop, , DG Hour
meter faulty etc which
will not result in site
down condition
Rural
120 min
180 min
240 min
360 min
30 min
60 min
120 min
180 min
31
Sl.
No
31
Restoration
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12.2
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12.1 Remedy- The aim is to have the system functioning at an acceptable level
either by correcting the problem occurred or by making an alternate
arrangement. Example- If say a DG is down, either DG is made operational or
an alternate DG is placed to feed till the time faulty DG is set right.
A restoration is the action(s) required to prevent the reoccurrence of a
problem and/or any underlying cause(s) of a problem. The aim is to have
the system up and running in the same condition that it was in before the
problem occurred.
12.3 Time defined above is exclusive of time of travelling. Maximum travel time
permitted in urban area is one hour during day time and two hours during
night time and that for rural/sub urban area shall be three hours during
day time and six hours during night time. The time count shall start from
the time of information by BSNL to the representative of the contractor. Day
time is counted between 07:00 Hrs to 18:00 Hrs on any day. Failure of the
contractor to respond to the call of BSNL as per above time line shall invite
penalty @ Rs 300 for first two hours thereafter it shall be Rs 200 per hour
subject to maximum Rs 5000 per station per month. This penalty shall be in
addition to those described against network outage.
13.0
13.1
Payment Terms
Payment will be made on monthly basis after all applicable deductions ,
normally within 30 days of submission of bills/invoices with requisite
documents as mentioned below;:(i) Printout of status of dockets, duly certified by designated BSNL Officer
based on faults booked, in respective telecom district.
(ii)Outage Hour of Individual station during that month for which invoice is
generated duly certified by designated BSNL Officer based on alarm logs
for BTSs under contract in the telecom district.
13.2 Reimbursement of Energy Charges (Optional subject to inclusion under
scope of work on mutual agreement)
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13.2.2 The statuary charges towards Govt or its designated agencies, if any
applicable for the site, shall also be reimbursed by BSNL on actual basis.
32
13.2.1 Energy Charges i.e. UAL PCL Electricity Bill Charges and Fuel charges for
DG operations shall be reimbursed by BSNL for sitewise energy
expenditure based on Actual Electrical Load (Kilowatt), availability of
electricity & Diesel Consumption per hour (CPH), on monthly basis.
Details of CPH & availability of electricity shall be decided jointly within
three months of award of firm work order. After award of work, a joint
inspection shall be carried out by a team consisting of Contractor and
BSNL for determination of electrical Load (Kilowatt) of entire equipment,
CPH & availability of electricity, Monthly energy charge shall be worked
out for reimbursement. No other charges shall be reimbursed.
14.
Award of Work
14.1
Work shall be awarded to maximum two successful bidders ranked as L1 &
L-2
on approved rates, after depositing required performance bank
guarantee and signing of agreement with BSNL within 14 days from the
date of issue of Advance Purchase order for its acceptance.
14.2
In case of less number of eligible bidders, BSNL reserves the right to award
work completely to L1 bidder.
14.3
Performance Bank Guarantee shall be equal to 10% of total contracted
value and shall have validity for minimum 180 days beyond contract period.
14.4
If contractors to whom work are awarded, are not performing work as per
SLA defined or partially performing work, BSNL reserves the right to award
work to other eligible bidders and/or any other contractor in the market on
approved rates & terms conditions of the bid, subject to their agreement
and depositing PBG.
15. SITE HANDOVER PROCESS
15.1 Handover Process On Signing of agreement, contractor has to survey all
sites awarded to him for the optimum working of DG sets & other infra
items(if any) under the contract. Deficiency if any, shall be handled as per
provisions given in Clause 6 of the Section IV of the bid document.
15.2 After expiry of contract , contractor shall be responsible to make over sites
& infra items to the designated BSNL authority in running conditions.
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16. Punch Point clearance16.1 A joint inspection shall be carried out for all sites to ascertain the
equipment and conditions of equipments at the time of taking over of the
infrastructure items. If a site is having some minor punch points,
Contractor shall clear the punch point after approval of BSNL & submit the
site take over report to BSNL and such site shall be taken over for
maintenance by the Contractor. If sites having major punch points viz. site
with faulty Power Plant, DG seizure, missing earthing rod/strips, battery
back-up less than 4 hrs., Contractor shall provide the detailed report to
33
15.3 BSNL Inspections- BSNL’s technical representative shall inspect periodically
maintenance of the Equipment covered hereunder. During these
inspections, all discrepancies and/or irregularities in the Equipment or
maintenance procedures outlined herein shall be noted by BSNL’s technical
representative and forwarded, in writing, to Contractor. Upon receipt of
notice thereof, Contractor shall act immediately to correct the discrepancies
and/or irregularities. In no event shall Contractor take more than three (3)
calendar days to correct the discrepancies and/or irregularities designated
by BSNL unless BSNL agrees to an extended period in writing. If
discrepancies and/or irregularities are not corrected within such three (3)
calendar days (or such other period of time previously agreed to by BSNL in
writing), BSNL, at its option, may have such work done independently at
the risk & cost of the contractor.
BSNL and shall clear the punch point on cost basis at a rate quoted in
Table-3 of financial bid. Without punch point clearance, the site shall not
be declared fit for inclusion in commercial for maintenance.
16.2 All punch point clearance and site taking over shall be completed with in 6
weeks of award of firm work order.
17.0 CONSUMABLES & SPARES:
17.1 BSNL shall be making arrangements to supply consumables such as
lubricants for servicing and fuel for operations. For remaining consumables,
cotractor shall be responsible for procuring, maintenaning, inventory
management of all spares including filters etc required for the maintenance
of the Equipment. Contractor shall procure the electromechanical spares
from OEM. Proper records as instructed by the BSNL shall be maintained.
Contractor shall report regularly on the inventory status and shall work
actively for replenishment as required.
17.2 All consumables required for site upkeep (dusting materials etc), servicing
of DG sets (except lubricant), etc shall be provided by contractor. As regards
to consumables for cleanness such as acid, phenol etc & other items
pertaining to electrical fittings etc shall be supplied by BSNL.
18.0 Non-exclusive rights: This Agreement does not grant the Contractor
exclusive rights to perform the Services for BSNL or any other requirements
of the BSNL. BSNL is free to employ any other vendor for the performance of
the Maintenance Services whether covered under this Agreement or
otherwise
19.0 Delivery Period & Contract Period:
19.1 The contract period for two years, extendable to further one year on the
existing terms and conditions.
19.2 Contractor shall be responsible to takeover infra under contract at all sites
offered immediately maximum within two weeks of issue of firm work order
and shall clear all faults within 4 weeks of approval of BSNL. An effort shall
be made that all sites shall be brought in optimum operating conditions
maximum within 8 weeks of firm work order date.
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19.4 Contract period shall start immediately after signing of agreement and
issue of firm purchase order by BSNL. However for the calculation of two
years of contract period, extendable to further one year, the period shall be
counted w.e.f the date of issue of firm work order.
34
19.3 SLAs on services being offered shall start immediately site is taken over by
contractor and all punch points are cleared. In no site shall remain out of
SLA purview beyond 8 weeks of issue of PO and as such contractor has to
ensure that all formalities in respect of site to operate at optimum level are
completed within 8 weeks. Delay beyond this period shall invite penal
action as per SLA defined.
20.0 Maintenance Philosophy: The broad philosophy of maintenance covered
under this contract are given below:
20.1 Contractor shall provide preventive and breakdown maintenance as
required by this Agreement, to keep the DG in good operating condition
within the Equipment manufacturer’s specifications along with the routine
maintenance activities as mentioned under clause 9 of section-IV.
20.2 Contractor shall provide maintenance on a schedule to keep the
Equipment in good operating condition within the Specifications applicable
to this Agreement.
20.3 Contractor shall follow a Preventive Maintenance schedule as specified in
the Equipment manufacturer's recommendations.
20.4 An appropriate log, in the format approved by BSNL, will be maintained to
reflect the date, time, location and nature of such Preventive Maintenance.
Contractor shall furnish monthly, the log of Preventive Maintenance calls.
The emergency logs, which require further action from any of the sources,
shall be escalated to concerned BSNL representative immediately. This log
shall serve as a basis for discussion of Contractor’s performance under
this Agreement. The log of Preventive Maintenance shall be maintained by
the Contractor and be made available to BSNL on request for a period of
not less than five (5) years after the expiry or termination of this
Agreement.
20.5 Contractor shall provide service required to repair any malfunctioning
Equipment and return it to good operating condition within the
specifications applicable to this Agreement. When repair of malfunctioning
equipment is performed, Contractor shall furnish BSNL a log, in the
format approved by BSNL, indicating what Equipment or portion of the
Equipment failed and what corrective action was taken to repair such
Equipment. BSNL’s technical representative may be present during any
maintenance, shall sign such log-indicating acceptance of the work and
shall be furnished a copy by Contractor of this signed log. This log shall
also indicate the time the Equipment was reported to be defective and the
time it was returned as operational and accepted by BSNL. This log shall
serve as a basis for discussion of Contractor’s performance under this
Agreement. The above log shall be maintained by Contractor and be made
available to BSNL on request for a period of not less than two (2) years
after the expiry or termination of this Agreement.
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20.7 The Contractor shall be responsible for damages caused to any
Equipment, antenna, or any other installation at the Site due to improper
operations/maintenance, acts due to negligence and by adopting unsafe
and unprotected methods. Any such damage shall be repaired or replaced
at the sole cost, effort and risk of the Contractor. The Contractor shall
35
20.6 BSNL may at any time during this Agreement add/ reduce any number
and type of Equipment at any of its locations. Any such
addition/reduction shall be covered by this Agreement, with effect from
the date of such addition/reduction, without any change in terms and
conditions of the Agreement.
provide temporary arrangement or replacement till the damages are
rectified permanently.
20.8 All faulty and replaced parts need to be submitted in BSNL office along
with proper tagging information giving Site name, date of replacement &
fault etc
20.9 The Contractor shall purchase all electrical parts and spares required for
provision of the service from the OEM.
20.10
In case any license, permit, or other permission is required to carry
out the services under this Agreement and / or in connection with any
matter incidental thereto from any authority under any law for the time
being in force, the same shall be the exclusive responsibility of the
Contractor who alone shall take necessary steps to apply for the same and
obtain the necessary clearance / sanction etc. within time. In case any
insurance is required for the employees of the Contractor, it shall also be
the responsibility of the Contractor to get the said insurance done, and
BSNL shall entertain no claim whatsoever in this regard.
21. 0
ROUTINE MAINTANANCE ACTIVIES
21. 1
Alarm Management of infra equipments:
21.1.1 Infra alarms are normally extended to the centralized OSS/OMCR. The
proper working of the infra alarms is the responsibility of the Contractor.
If any infra alarm is not working/pending in any of the sites the same
has to be attended by the Contractor. However if Alarms are
responsibility of some other vendor, contractor has to communicate the
fault to the site incharge of BSNL for lodging it at other vendor’s fault log
system.
21.1.2 The performance of the Contractor will be monitored based on the
alarm/fault docket reports maintained in the web server. It’s the
reasonability of the Contractor to monitor/attend the alarm/faults and
ensure timely closure.
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21.2.1
The Diesel Generators are to be serviced for (like changing of suitable
good quality air filters, diesel filters, Oil filters and changing of
appropriate good grade Lubricating oil, coolant) every 250 hours of run or
every six months or as per the manufacturers recommendations, which
ever is earlier
21.2.2
DG overhauling as per the manufacturers recommendations is also
the responsibility of Contractor at the Contractor’s cost. In case of DG
battery it has to be replaced as and when required, DG startup batteries
are to be arranged by the Contractor at their cost. Consumables and DG
battery (minimum 80 Ah) used should be of reputed make.
21.2.3
All consumables are to be borne by the Contractor. Painting and up
keeping of the canopy to avoid leakage of rain water is the responsibility of
the Contractor.
21.2.4
Servicing of the Diesel Generator should be carried out in the
presence of the BSNL representative. Certificate from the SDEs in charge
for having completed the service of the DG should be submitted while
36
21.2 Scope related with Diesel Generator
claiming the monthly payments. Ensure all DG in Auto working mode at
Sites.
21.2.5
Periodic checking of Automatic Mains Failure panel and
repair/replacement of any faulty component is the responsibility of the
Contractor.
21.2.6
In the event of Major problem in DG the Contractor must provide
Temporary DG at site at their own cost. The Contractor should ensure zero
downtime of sites on account of DG failure.
21.2.7
All DG sets along with Canopy shall be maintained by the Contractor
till the expiry of contract or the life time of the equipment, whichever
earlier.
21.2.8
Diesel Filling in DG sets at Sites:
21.2.8.1
The Contractor shall provide the service during 24 hrs X 7
days basis on all days of the calendar year irrespective of Sundays
and holidays.
21.3.8.2
The consumption of diesel shall be limited to CPH defined.
However Contractor shall be required to submit record of Energy
(KWH) generated by Diesel Engine as well as DG hour meter reading
on actual basis as on 1st and last day of the month.
21.3.8.3
In case any of the metering unit is not functioning properly,
the Contractor shall inform BSNL immediately failing which it shall
be construed as tampering of meter for which the contractor shall be
solely responsible. Further to this, the payment shall be governed on
average basis of run, to be decided by GM (Network Operation-CM) in
which case his decision shall be final and binding.
21.3.8.4
BSNL shall have liberty to test the quality of diesel at any time
himself or from any external agency. Quality of diesel will be as per
the recommendations of oil companies.
21.3.8.5
If the result of test of quality shows any kind of mixing with
the diesel then Contractor shall pay compensation of Rs.2000/- per
test including charges for testing. Also, the repair cost of
consequential damages to DG Sets, to be decided by GM (Network
Operation-CM), would be deducted, as actual, from the Contractor’s
bills.
21.3.8.6
Contractor’s diesel filling schedule shall be such that there is
diesel available for minimum 24 hours running (say 65 liters for 15
KVA DG set and similarly for other DG sets), at any of the DG Sets
installed at Sites. However in case of Strike/Bandh, Contractor shall
keep sufficient diesel at site for 48 hours.
21.3.8.7
Cleaning of DG set parts and tray, if any, of any diesel or
spillage, will be done by Contractor’s representative immediately after
topping up.
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21.2.9 Either 3ph 4wire (R, Y, B, N) 415V (Line Voltage) or 1ph 230V
(wherever single phase output to ACDB is planned) shall be
made available. Whichever option is chosen, it shall remain the
same throughout the life of the site or as directed by BSNL.
21.2.10
AC power supply should be made available by the Contractor
within the specified voltage limit as far as possible. However,
interruptions in AC power supply shall be acceptable as per
37
21.3.8.8
Contractor will report to BSNL any abnormal observation on DG set
and its accessories at the earliest.AC power supply
UAL PCL power supply schedule which vary time to time, place to
place and season to season. Also care shall be taken to utilize the
cheaper source of power source like EB power over DG set
power whenever possible as a measure to reduce operational
expenditure.
21.2.11
Depending upon power availability (UAL PCL or DG), a quick
change-over shall be done by the contractor from UAL PCL to DG or
vice-versa. BSNL is providing battery backup to take care of the
change-over phase. In the event of unavoidable circumstances of
this change over more than 5 to 6 times a day due to
frequent power failure, the change over time need to be
brought down to few minutes to protect the BSNL batteries from
deep discharge. Please note that in case of power failure and
BSNL equipment working on batteries, the shelter temperature
goes high to create a high temperature alarm within 20 to 30
minutes.
21.2.12
In case of power failure, adequate steps should be taken so
that the temperature inside the shelter does not go beyond 35C
during such interruptions. If the interruption is expected to take
more time, other standby arrangement of mobile DG set should be
arranged by the Contractor within the allowed time to meet network
uptime of 99.97% or more.
21.2.13
While the site is run on alternate arrangement like mobile DG,
the site shall be manned by Contractor’s technicians continuously.
This condition is also applicable for any of the equipment which is run
on manual mode bypassing auto operation of the equipment.
21.2.14
When the power is restored through regular EB source or
alternate back up arrangement, power should be continuously
available for at least 10hrs to charge the batteries completely.
21.10.
Environment
21.10.1
Normally temperature of 27C  3% shall be maintained inside the
shelter. During any breakdowns (equipment breakdown or power supply
interruption), the temperature shall not rise beyond 35C
Page
38
Page
22 OTHER RESPONSIBILITIES OF THE CONTRACTOR
22.1 Contractor shall deploy sufficient numbers of well trained
technicians/operators and maintenance staff for successful execution of
this contract. Persons so deployed shall be equipped with required tools,
materials, parts, accessories, instruments and equipment to perform the
Maintenance Services described in this Agreement for the Equipment all
in accordance with the Specifications, as further described in Section VI.
22.2 The Contractor shall provide the following to its employees deputed to
carry out the Services under this Agreement for which BSNL will not pay
any extra:
38
21.11.
Battery Health
21.11.1. Contractor shall check battery health daily at least two times and
record cell wise reading in the battery register as specified at site.
21.11.2. The Contractor shall provide assistance to do a battery discharge test
at each site every 6 months and suggest replacement for weak / faulty
cells. (BSNL shall provide the load banks and schedule)
The Contractor shall be fully responsible for discharge of various
obligations towards its employees deployed under this Agreement,
under different statutes including Payment of Wages Act, 1936,
Minimum Wages Act, 1948, Workman Compensation Act, 1923,
Payment of Bonus Act, 1965, Payment of Gratuity Act, 1972,
Employees State Insurance Act, 1948, Employees Provident Fund
and Misc. Provisions Act, 1952 etc., and BSNL shall have authority
to check and satisfy themselves regarding compliance of the
Statutory / legal
obligations of the Contractor towards its
employees. However, this will not make BSNL in any way liable to
discharge any of the responsibilities of the Service provider under
the above stated or any other Acts and the Contractor would be
solely and exclusively responsible / liable to pay /discharge all such
obligations / liabilities of its employees under any Act or Enactment
whatsoever, in force for the time being and from time to time.
22.7
Notwithstanding, anything contained herein above BSNL shall have the
right to send back to the Contractor any employee/representative, etc. if
the said person is considered to be undesirable and the Contractor can
also change any person engaged / employed by it after making suitable
replacement and with prior intimation to BSNL
22.8
The Contractor alone will be responsible for the conduct, behavior and
discipline of its employees/representatives. In case of any misconduct
which may or may not involve financial loss or burden on BSNL, the
Contractor alone shall take suitable action against such defaulting
employees/agents and BSNL shall not be responsible
and / or liable
for any type of dispute arising out of such disciplinary action as and
when taken by the Contractor against such defaulting person (s)
employed / engaged by it.
39
22.6
Page
22.5
All damages as mentioned in above shall be repaired or replaced at the
cost and risk of the Contractor. The Contractor shall provide temporary
arrangement or replacement till the damages are rectified permanently.
Contractor shall also be responsible for all keys or access cards to
BSNL’s premises issued to Contractor’s employees hereunder. Such keys
or access cards shall not be duplicated. All keys or access cards shall be
returned to BSNL upon request or upon termination of this Agreement. If
the loss of keys or access cards requires changing the combination of
locks or changing other access equipment, the cost of such labour and
material may be charged to the Contractor at the discretion of BSNL.
39
22.4
Page
22.3
a.
Photo Identity Card;
b.
Shock proof shoes & gloves; ( power handling)
c.
Tools and tackles to perform the duty
The Contractor shall be responsible for damages caused due to improper
operations / maintenance, acts due to negligence and by adopting unsafe
and unprotected methods. The responsibility will be decided by the
General Manager TD Nainital, Uttarakhnad Circle, BSNL.
22.9
In
the
event
of
any
injury,
illness
or
death
of
any
employee/representative (s) or any other person by reason of any action
or omission on the part of the Contractor, or any of its personnel, any
liability that may arise and / or accrue shall be that of the Contractor.
The Contractor shall indemnify and keep BSNL indemnified against all
such claims arising from any such injury, damage and / or death and
shall be liable to pay such compensation and / or any other sums for
which BSNL may have to pay to any third party and the Contractor shall
forthwith on demand or otherwise reimburse to BSNL, as the case may
be, all money, compensation, contribution, premium paid, or liable to be
paid by it on account of the action and omission of the Contractor. In
the event it fails to do so BSNL shall recover any such amount or part
thereof from the payments to be made to the Contractor towards its bills.
22.10 In the event of any theft reported from any Site, the Contractor shall
carry out proper internal investigation, coordinate with BSNL and other
agencies and take actions so as to restore the services, if affected by the
said theft. At sites where security is in the scope of the Contractor, cost
of material lost due to theft would be charged to the Contractor.
22.11 The Contractor shall be responsible for movement of all spares,
equipment under this Agreement from one Site to other or from the
offices/warehouse of Contractor to any Site/warehouse of BSNL.
23 TOOLS & IMPLEMENTS
Unless otherwise specifically provided in this Agreement, Contractor shall
provide all labour, tools and equipment ("Tools") for performance of this
Agreement. Should Contractor actually use any tools owned or rented by
BSNL, Contractor acknowledges that it accepts the Tools "as is, where is”
and that Contractor shall have risk of loss and damage to such Tools.
Contractor agrees not to remove the Tools from BSNL’s premises, to use
Tools only for the Services under this Agreement and to return the Tools to
BSNL upon completion of use, or at such earlier time as BSNL may request,
in the same condition as when received by Contractor, reasonable wear and
tear accepted.
Page
40
Page
25.0 MAINTENANCE OF RECORDS AND REPORTING
25.1 The Contractor shall ensure the maintenance of all such log books /
record books as may be prescribed by BSNL from time to time
40
24.0 Escalation Procedure
The Contractor shall perform alarm escalation as per process defined by
BSNL and he shall provide names and contact numbers of responsible
persons at Sites and second & higher levels escalation wherein site person
is not able to resolve problem or perform duties as defined in scope of work.
41
Page
41
The Contractor shall also be responsible for generation and distribution
of various reports, statements, MIS; etc in such formats, for such
periods, to such persons as may be conveyed by BSNL from time to time.
Page
25.2
SECTION V
SCHEDULE OF REQUIREMENTS
List of E/As in Nainital SSA
Qty.
1
Bajoon
New Ways
Generator
12.5 KVA
1
2
BTS
Hanumangarh
Kirloskar
45 KVA
1
3
Paharpani
Kirloskar
15 KVA
1
4
Sakenia
Power
System
12 KVA
1
5
Tanda Dabhora
Kirloskar
12.5 KVA
1
6
Barheni
Kirloskar
15 KVA
2
7
Bhajuanagla
Kirloskar
15 KVA
2
8
Chhoi
Kirloskar
25 KVA
1
9
Dhikuli
Cromption
Greaves
32 KVA
1
10
Fauzicolony
Kirloskar
15 KVA
1
11
Kelakhera
Cormption
Greaves
15 KVA
1
12
Pipalia
Crompton
Greaves
25KVA
1
13
Ratanpura
KIRLOSKA
R
15 KVA
1
14
Shaktifarm
KIRLOSKA
R
40 KVA
1
15
Sisaiya
Crompton
Greaves
12.5KVA
1
Type of
Contract
42
Capacity
Page
Make
42
Name of Tel.
Exchange
Page
Sl
NO.
1
17
Belbaba BTS
Mahindra
15 KVA
1
18
Betalghat
GSP Power
15 KVA
1
19
BTS All Saints
GSP Power
15 KVA
1
20
BTS ATI
Kirloskar
15 KVA
1
21
BTS Birla Top
Kirloskar
15 KVA
1
22
BTS Devlidhar
Spain
15 KVA
1
23
BTS Ramgarh
GSP Power
15 KVA
1
24
C-DOT
Patwadangar
Aercon
15 KVA
1
25
Haldi
Kirloskar
15 KVA
1
26
Patrampur
Rajdoot
15 KVA
1
27
Dharampur
BTS
Ashoka
LEYLAND
15 KVA
1
28
Ramgarh
GSP Power
5 KVA
1
29
Chambalpul
BTS
Mahindra
15 KVA
1
30
Charaiyal BTS
Mahindra
15 KVA
1
31
Chorgalia
Kirloskar
32.5 KVA
1
32
Dhakia Kalan
BTS
Mahindra
15 KVA
1
33
Ind. Area KSQ
BTS
GSP Power
project
15 KVA
1
34
Kalawati Colony
BTS
Kirloskar
15 KVA
1
43
15 KVA
Page
Kirloskar
43
Sultanpur Patti
Page
16
Eicher
(Rajdoot)
15 KVA
1
36
Mahuadabra
BTS
Kirloskar
15KVA
1
37
Garinegi BTS
Mahindera
15 KVA
1
38
Sivrajpur Patti
BTS
ASHOK
LEYLAND
15 KVA
1
39
Ummedpur
Eicher
(Rajdoot)
15 KVA
1
40
Jagdambanagar
Mahindera
15 KVA
1
41
Tanakpur(Kakr
ali gate)
Mahindera
15 KVA
1
42
Kashipur Tehsil
Mahindera
15 KVA
1
43
Patlotdhar
Escort
15KVA
1
44
Baghelwala
Escort
20 KVA
1
45
Pratappur
(KSQ)
Mahindra
20 KVA &
15 Kva
1 +1
46
Bara
Mahindra
25 KVA
1
47
Pratappur
(KTM)
Mahindra
25 KVA
1
48
Bailparao
KIRLOSKA
R
32 KVA
2
49
Dineshpur
KIRLOSKA
R
32 KVA
1
50
Jhankat
Kirloskar
32.5 KVA
1
51
Lamachaur
KIRLOSKA
R
32.5KVA
1
52
Shantipuri
Kirloskar
32 KVA
1
44
Kamola
Dhamola
Page
44
Page
35
53
Gularbhoj
Kirloskar
32.5 KVA
1
54
Kichha (New)
Cromption
42.5 &
45 KVA
55
Lalkuan
KIRLOSKA
R
40 KVA
2
56
Bhimtal Ex
KIRLOSKA
R
62.5 KVA
2
57
Bhowali Ex.
KIRLOSKA
R
40KVA
2
58
Dhari
KIRLOSKA
R
40 KVA
1
59
Jafferpur
Power sys.
Pvt. Ltd.
40 KVA
2
60
Bhimtal BTS
Kirloskar
40KVA
1
61
Kundeshwari
KIRLOSKA
R
40KVA
2
62
Lalpur
KIRLOSKA
R
40KVA
2
63
Nanakmatta
Kirloskar
40KVA
2
64
C-DOT
Kaladhungi
Kirloskar
41KVA
2
65
Babarkhera
BTS
Kirloskar
15 KVA
1
66
Mandiparisad
BTS
Kirloskar
15 KVA
1
67
SDM Court BTS
Kirloskar
15 KVA
1
68
Banbasa
Crompton
& Greaves
40 KVA
1
69
Tanda Mallu
BTS
Ley Power
15 KVA
1
Page
45
Page
45
2
1
71
Sanna Malla
BTS
Mahindra
25 KVA
1
72
Kotabag
Elctrodyna
40 kva
1
73
PWD Guest
House BTS
Mahindra
15 KVA
1
74
Jaspur
Kirloskar
62.5&40
KVA
1+1
75
Motahaldu
KIRLOSKA
R
62& 40
KVA
1+1
76
Gadarpur
Kirloskar
63 KVA
2
77
Garhinegi
Kirloskar
62.5KVA
2
78
Mohan
Kirloskar
7.5 KVA
1
79
Doraha BTS
EICHER
12.5 KVA
1
80
Kichha(Old)
SMS
Electronics
Power Ltd.
62.5 &45
KVA
1+1
81
Pantnagar
Kirloskar
62.5KVA
1
82
Peerumdara
Kirloskar
32 KVA
1
83
Bannakhera bts
Himalaya
5 kva
1
84
Harsan BTS
Aksoka
leyland
15 KVA
1
85
DLC Lal dath
5 Kva
1
Halduchaur
BTS
15 KVA
1
Dhanmill
15 KVA
1
86
87
46
15 KVA
Page
Power
syst. India
Ltd
46
Jeolikote
Page
70
15 Kva
1
89
Nainital Bank
BTS
25 KVA
1
90
Medicalcollege
BTS
15 KVA
1
91
Mangalparao
BTS
15 KVA
1
92
Coltax BTS
15 KVA
1
93
City Crossing
BTS
Mahindra
15 KVA
1
94
Ester Khatima
BTS
Kirloskar
15 KVA
1
95
SIDCUL
Sitargang
GSP Power
project
20 KVA
2
96
Kickka Road
BTS
Kirloskar
15 KVA
1
97
Kashipur Road
BTS
ESCORTS
15 KVA
1
98
Adarsh Coloney
BTS
ASHOKA
LEYLAND
15 KVA
1
99
Avas-vikas BTS
ASHOKA
LEYLAND
15 KVA
1
100
Gallamandi BTS
ASHOKA
LEYLAND
15 KVA
1
101
Meera Marg
BTS
ASHOKA
LEYLAND
15 KVA
1
102
Kheradham
BTS
ASHOKA
LEYLAND
15 KVA
1
103
Libreary Bdg.
Pantnagar
Kirloskar
15 KVA
1
104
Nagla BTS
Kirloskar
15 KVA
1
47
Sijwalitawor
Page
47
Page
88
1
106
Hariyal BTS
Escort
25 KVA
1
107
Paharpani
15 KVA
1
108
Okhalkanda
BTS
Kirloskar
32.5 KVA
2
109
Okhalkanda
Kirloskar
5KVA
1
110
Nathuwakhan
15 KVA
1
111
Dhanmill BTS
Kirloskar
15 KVA
1
112
Chaichi BTS
Kirloskar
5KVA
1
113
Garampani
Eicher &
rajdoot
15 kva
2
114
Halson BTS
Rajdoot
15 KVA
1
115
Pata
Mahindra
15 KVA
1
117
Hotel Salimar
BTS
Kirloskar
15 KVA
1
118
Halduchaur
BTS
Kirloskar
15 KVA
1
119
Malli Bamori
BTS
Kirloskar
15 KVA
1
121
Mukhani
Haldwani BTS
Kirloskar
15 KVA
1
122
Nagarpalika
KSQ
Kirloskar
15 KVA
1
123
Degree College
Ramnagar
GPS
Mahindra
15 KVA
1
124
Ramnagar Road
Kashipur
15 KVA
1
48
15 KVA
Page
ASHOKA
Leyland
48
Chakalua BTS
Page
105
125
Mahuwadabra
Kirloskar
15 KVA
1
126
Sultanpur Patti
Kirloskar
15 KVA
1
127
Patlotdhar BTS
GPS
Mahindra
15 KVA
1
49
Page
49
146
Page
Total
Section VI
Detailed Technical Requirements
Broad details of infra equipment installed at various stations are as follows
Present BTS Infrastructure Specifications
1.1
Air Conditioner
Item
1. 2x2TR Air
Conditioner.
Conditioner)
2TR+3/4TR. 3+3TR
also available)
Sensible cooling
above
90%
Capacity
2 x 1.5 TR
Compressors –
Sensible
cooling
Scroll
above 90%
Capacity
1.5/2.0 TR
Compressors –
Sensible
Rotary cooling
above 90%
Compressors –
Scroll
4. 1.0+1.0TR window air
conditioner
Capacity 1.0 TR x 2 Nos. for POI/Repeater
locations
(Twin circuit/ 2
2. 2x1.5TR Air conditioner.
package units)
(Twin circuit)
3. 1.5/2.0TR EFC
(Emergency
Free Cooling Air
BTS site



Capacity 15 KVA
Acoustic canopy to reduce sound to
75 dB Vibration less than 20 microns
on base frame Automatic operation
with AMF panel
Micro processor based controller
50
2. 15 KVA DG set
Page
1.2
Diesel Generator Set
Item
Specification
1. 25/20 KVA DG set

Capacity 25/20 KVA (a small quantity of
22.5KVA, 30 KVA, 40KVA & 75KVA also available)
BTS site

Acoustic canopy to reduce sound to
75 dB Vibration less than 20 microns
on base frame Automatic operation
with AMF panel

Micro processor based controller
50
Specification
Capacity 2x2TR or 2TR+2TR(a small quantity of 2
x 4 TR,
Page
1.0
1.3
Servo Stabilizer
Item
Specification
1. 20 KVA Servo 
Capacity 20/15KVA (a small quantity of 25KVA
also
available)
stabiliser with or

Input Voltage range – 207 to 500
with out
V Output Voltage – 415  1%
Isolation
2. 15 KVA Servo 
Capacity 15 KVA
stabiliser with or 
Transformer
with out
Input Voltage range – 207 to 500
V Output Voltage – 415  1%
Isolation
3. 20/15 KVA Servo

Capacity 15 KVA

Input Voltage range – 207 to 500
stabiliser
with
phase
Transformer
V
Output
Voltage – 230  1%
selector
4. Power Interface 

unit
Capacity 15 KVA
Input Voltage range – 207 to 500
V Output Voltage – 230  1%
1.4
Fire Alarm System
Item
Specification
1. Fire Alarm

2 Zone Fire alarm system IS 2189
System
2. Fire
Extinguishers
3. Digital
temperature
sensor



1 No. 4.5 Kg CO2 Fire extinguisher
1 No. 5 Kg Dry Chemical Powder fire extinguisher
24 V DC digital temperature alarm system with
settable alarm
Page
51
Page
51
1.5
Electrical system
Item
Description
Incoming EB cable from pole/distribution
Energy meter
transformer, energy meter, main fuses
Different types of cables/wires in conduit,
Cabling
underground, laid open, in casing-capping,
SFU, Change over switches, integrated panels, distribution
Switchgears
boards, switches, sockets etc.
Surge protection
B & C class SPD
Tube lights, bulk head lights, yard lights, aviation lights,
Lighting
external pole lights
1.6
Power Plant System
Item
Description
100 Amp Power Plant 100 Amp Modules with Main controller alongwith AC/DC
contactors, SMR modules, control cards& LVDS
25 Amp
25 Amp modules with Main controller alongwith AC/DC
Power Plant
contactors, SMR modules, control cards& LVDS
Earthing system
Item
Earth pits
Earthing
conductors
Lightning arrestor
Down conductor
Schedule for Maintenance:
2.0
Preventive Maintenance: Air Conditioners:
Monthly Maintenance
2.1.1
2.1.2
2.1.3
2.1.4
2.1.5
Check input / output supply of stabilizer.
Check for any leakage / condensation.
Check the room temperature as required.
Cleaning of air filters with mild detergent and water.
Check for any damage to the outdoor unit, piping, etc.



Monthly Maintenance:
Check for any fuel leakage through the pipes or fuel tank.
Check coolant level when the engine is cool and top it up, if
applicable.
Check Lube oil level when the engine is cool and top it up.
Lube oil should be from approved supplier.
Check starter battery and its terminals for its condition. In
case of low electrolyte level top it up with packed distilled
water.
Check all the electrical connections for their firmness and
correctness.
Page
2.2.1


52
2.2 Preventive Maintenance: D.G Sets
52
2.1
Description
Copper & GI earth pits (4 to 5 Nos)
Copper cable, copper flats & GI flats interconnection
between pits, equipment & earth bar
Passive/active lightning arrestor with accessories
Copper connection from lightning arrestor to earth pit
Page
1.7



Run DG set for 30 minutes and note down the main
parameters like voltage, frequency, GCU reading etc.
Ensure all safety devices, sensors and indications are working
properly.
Clean DG set thoroughly.
2.3 Preventive Maintenance: Electrical system & Indoors
Following items to be checked regularly and ensured:








DG set is working in Auto mode.
All alarms are working.
All switches and lights are working.
Aviation light, if provided, is functional.
Fire extinguisher is available and functionally okay (date is
valid).
Earth Resistance verification on Quarterly basis to ensure it is
within specified levels.
Ensure no power cable is heated up.
MCBs meant for BSNL infrastructure should be of proper
rating
3.0 Breakdown Maintenance - Repair Methodology:
The following describes the indicative process to be followed by an O&M
Technician at site during alarm/breakdown check call.
3.1
The O&M technician will carry out a visual inspection of the
respective fault alarm. If immediate rectification is possible, the
technician will carry out the operation himself and close it at the FMC.
3.2
In case of equipment breakdown; he will notify the FMC engineer
and BSNL circle head. After which he will proceed with the respective
rectification process.
3.2.1 DG:
53
The O&M technician will do a visual inspection of DG and will try to
trouble shoot the exact nature of the problem. In case of a major
breakdown, the technician has to arrange for the mobile DG to have the
site running without any downtime.
53
Page
.
Page
In case of fault in the AMF panel, the DG should be operated in the
manual mode and AMF panel should be rectified. During DG manual
mode, the site needs to be manned continuously.
.
10)
timing
Check the fuel
adjust if
required
13)
Check the
smoke condition
take action
for proper smoke
b) fuel filter
insert
replace at every
400 hrs run
17)
Check bypass
filter
to be replaced if
reqd.
cylinder head fins
8)
Check the fuel
pump cleaning
to be cleaned if
required
11)
Check the belt
tension
adjust if
required
14)
Check fuel filter
element
15)
oil filter
Check the lube
replace at every
oil change
18)
Clean the
button filter of feed pump
to be
cleaned.
20)
Check the
battery water level
if less add
distill water
23)
Check CR
element and CR plate
replace if
reqd.
25)
Check sediment
in fuel tank.clean if
required
2)
Check the
torque of all fasteners.
proper
tightening to be done
5)
Check the
greasing /oil greasing of
greasing at
all points to be done
7)
Check the lube
oil level in the sump
change the
Oil(supp., by eng. manuf.)
at 400 hrs or top up in
between
9)
Check the valve
tapet clearance
adjust if
required
12)
Check the
condition of v belt
replace if
defective
a) pre-filter
insert
replace at every
400 hrs run
16)
Check air
cleaner.
to be cleaned or replaced
as reqd.
19)
Clean the
cylinder barrel and
to be cleaned
21)
Check the water
level in radiator for top
up if required water
cooled engine
24)
Check exhaust
pipe for leakage and
Remove
leakages and clear
Restriction
26)
Check hose
pipe.
replace if
efective
54
3)
Check the oil
leakage’s.
remove the
leakage if persists
auxiliary equipment and
linkages.
1)
Check the
foundation bolt.
proper
tightening to be done
4)
Check the
alignment of all
equipment. Align the
equipment’s, if needed
6)
Clean the
radiator
to be done
Page
(A). ENGINE
ACTION TO BE TAKEN
54
DESCRIPTION OF WORK
Page
SL.NO.
27)
Check self
starter.if defective, to be
repaired
30
Check for safety
trip for (if provided)
28) Check Status of
Battery if life expired
intimate incharge along
with price list of battery
for prior approval of
replacement
29 Check charging
alternator
defective, to be
repaired
if
a)
for high
cylinder temperature in
air
to be
adjusted if required
cooled engine.
c)
for low
lubricating oil pressure.
to be adjusted if required
b)
for high
water temperature in
water
to be
adjusted if required
cooled engine
.
d)
for low level
diesel in tank.
to be
adjusted if required
Check for loss of power of engine/If replacement /overhauling is required, if due
heavy smoke or defect
intimate Engineer incharge along with rates of spares
and accessories of engine and its instrument Panel complete with Part no. as per
engine manufacturer price list for prior approval.
(E). Alternator
1)
2)
3)
4)
5)
Check for tightness of cable end termination.
Check the tightness of the coupling.
Check the blower fan etc.
Check the carbon bush.
Check slip ring holder and resistances.
incharge
along
ensure proper tightening
tighten properly if required
ensure proper running
To be replaced if worn out
if defective, intimate
with rate for prior approval
Page
55
Page
(F). Control panel
55
6) Check the greasing etc of bearings.
greasing to be done
7) Check the terminal voltage on no load.
adjust if needed
8) Check the terminal voltage on load.
adjust if needed
9) Check the frequency on no load.
adjust if needed
10) Check the frequency on load.
adjust if needed
11) Check power factor on load.
if pf is less than 0.85
intimate incharge to improve the power factor of exchange load.
12) Check full load current.
if load current is more than
rated capacity of E/A set incharge may be intimated
to reduce the
load of exchange on E/A set.
13) Check the noise level of the bearing. intimate to incharge if bearing needs
replacement along with rate as per price list
14)
15) Check if no voltage is produced by alternator.
check rotor, armature
winding,field coil and AVR if defect is found in any of them,intimate incharge
along with rates of rewinding / replacement for prior approval.
16)
17) Check ventilation of room /exhaust fan
if room temperature is more than
10  c, over ambient temp the cause may be intimated to incharge to improve
ventilation of room.
1) Check the incoming switch
a) for fuse if switch fuse unit.
change the fuse with correct rating if
required.
b) MCCB / MCBcheck the rating /functioning if defective, intimate incharge
along with rate as per its manufacturer price list.
2) Check wiring for contact looseness.
3) Check measuring instruments of .
meter,
Electrical control panel of E/A set
tighten properly.
replace
Ammeter,
volt
frequency meter, if faulty
Beside above all the work which is necessary to run the DG set and site.
Note:
Above items of Engine, Alternator and control panel shall be carried out
as applicable for respective makes and models.
3.2.2 Frequency of Maintenance Schedule:
DG-set
Weekly DG-set
Electrical
Weekly installation
Electrical
Weekly installation
Electrical
Weekly installation
Fire Alarm
Weekly
System
Weekly General
Weekly Stabiliser
Weekly Air conditioner
Weekly DG-set
Weekly DG-set
Visual check water leakage in the canopy and
for fuel &oil leakage.
Record Voltage & energy readings.
Check all SPDs, fuses, MCBs & ELCBs
(visual inspection & heat generated).
Check functioning of aviation lamp
Check status of fire panel and blinking of
detectors.
Check cleanliness inside the shelter, inside the
canopy & of A/C body.
Check the equipment for over heating.
Check the condition of the filter & clean it.
Check battery terminals for looseness & rust and
taking remedial action.
Top-up distilled water in battery if required.
56
Weekly
Page
Weekly DG-set
56
Weekly Air conditioner
Activity
Check A/C status and their grill position.
Visual inspection of A/C.
Check D-G set battery voltage (by DC
voltmeter on AMF panel or by multi meter)
and charging current by DC ammeter on
AMF panel).
Maintain record of number of hours of
running of D-G set, diesel consumed, KWH
produced, water temperature (when DG is
ON), lube oil pressure (when DG is ON) and
works done on D-G set.
Page
Frequency Equip/System
Monthly Air conditioner
Monthly Air conditioner
Monthly Air conditioner
Monthly Air conditioner
Monthly Air conditioner
Monthly Air conditioner
Monthly Air conditioner
Monthly Air conditioner
Monthly Air conditioner
Monthly Air conditioner
Monthly Civil works
Monthly DG-set
Monthly DG-set
Monthly DG-set
Monthly DG-set
Monthly DG-set
Monthly EB supply
Visual inspection of all earthpits & earth
connections
Clean condensed water tray & the drain pipe.
Clean the cooling-coil fins using a wire
brush.
Clean the interiors of the machine.
Clean the interiors of the control panel.
Check the tightness of all the terminations in the
control panel.
Check the tightness of the foundations bolts
of
compressor,
blower-motor
& fan-motor.
Measure
supply
air temperature.
Variation
should not be more than 1*C from the
designed/initial value.
Check the body & safety grills for loose
screws, etc.
Check the room for hot-spots.
Check & note current drawn when
compressor is ON.
Check foundations (shelter, DG, tower) &
room
cracks, effervescence.
Clean for
of air-filter.
Clean of engine, alternator, terminal box on
alternator, AVR, AMF panel interiors, canopy
interiors, air inlet/exit opening of canopy.
Check lube oil level. Top up if necessary.
Check all terminations (on alternator, in AVR
&
in
AMF
panel)
for
looseness
&
57
Weekly Earthing
LED/Lamp test, if provision is available in the
overheating.
AMF
panel.
Energy
bill handling, from receiving the bills
till their payment (As per the SOP).
Page
Weekly Battery Bank
57
Weekly Power Plants
Page
Weekly EB supply
Weekly Stabilizer
Visual inspection of the meter & main fuses on
pole.
Check O/P voltage.
Check of all wirings & Alarms to battery and
equipment and removal of loose contacts/
Alarms, if any. Check of Voltage drops towards
Battery and equipment DCDB and report to
BSNL if the voltage drop goes beyond 1 Volt.
Check of Cell wise voltage and total battery
voltage to ensure health of battery bank. In case
of fault, immediate reporting to designated BSNL
Officer as per escalation Matrix
Electrical
Monthly installation
Electrical
Monthly installation
Electrical
Monthly installation
Monthly
Electrical
installation
Fire Alarm
Monthly
Monthly System
Stabiliser
Monthly Stabiliser
Quarterly Earthing
Quarterly Earthing
Check all panels (As per the check pts) and all
cables (As per the check pts).
Check all terminations & cables for overheating.
Clear dust from all equipments &
DBs/Panels.
Check terminations & correct/timely working
of aviation light & its auto operation. Clean
photo cell
Check FAS (cleanliness & terminations)
And
.
Cleanall
thedetectors
stabiliser.
Check the set points.
Check earth resistance & taking remedial
actions if necessary.
Check all terminations at earth-pits and in the
earthing network in the Site.
Check extinguishers for storage-pressure
Quarterly Fire-extinguisher
(DCP)
bymanual
weight operation.
(CO2).
Quarterly Stabiliser
Check or
the
Contactor (AMF panel) overhauling if
required. During this period, if DG power will
remain unavailable for more than 30 minutes,
Half yearly DG-set
arrangements to be made for making DG power
available through other means (like mobile DG
Half yearly Earthing
Testing
& watering of all earthpits .
set)
Electrical
Half yearly installation
Check & clean all lighting equipments .
Electrical
Check for cable damages and perform
installation
energy audit & electrical safety audit.
Half yearly
Check for smoke & intruder alarm
Alarm system
functionality
Half yearly
Check IR value & oil dielectric strength. Heat
58
Page
Yearly
As
DG-set
required
transformer
(if H.T supply
is taken).
To do a thorough
check-up
of the elec.
Distribution (Including loading , heating &
condition of switches , fuses , S-F units &
other switchgears and cables) .
Diesel filling.
58
Electrical
installation
&
filter the oilof
if required.
Maintenance
all ACBs , OCB, relays &
Page
Half yearly Stabiliser
Electrical
Yearly installation
As
DG-set
required
59
Page
As
required
As
required
As
required
59
As
required
C-Checks as per manufactures
recommendations. During this period, if DG
DG-set
power will remain unavailable for more than 30
minutes, arrangements to be made for making
DG power available through other means (like
DG
Set DG
Over
hauling. During this period, if DG
mobile
set)
power will remain unavailable for more than 30
DG-set
minutes, arrangements to be made for making
DG power available through other means (like
mobile DG set)
If there is no EB power failure for 15 days,
test-run the DG-set on-load for 60min.
DG-set
Coordinating with the EB in case of power
failure or any other problem.
EB supply
Coordinating with the manufacturer for reFire-extinguisher filling/replacement.
Page
As
required
B-check,
as
per
manufacturer's
recommendation, every 250hrs of running or
every 6 months, which ever is earlier. During
this period, if DG power will remain unavailable
for more than 30 minutes, arrangements to be
made for making DG power available through
other means (like mobile DG set)
Section- VII
Financial Bid [Table-1]
FINANCIAL BID
NIT No: OP-4/Tender/E.A./AMC/GMTD/NT/2012-13/1
Dated : 10-04-2013
To,
The AGM (Plg) BSNL
O/O GMTD, Nainital, HQ-Haldwani.
Sub: The Annual maintenance contract of engine Alternator sets.
Sir,
With reference to your tender notice, I/ We hereby tender my / our rates for annual maintenance as per tender
specification of Engine Alternator sets installed at various exchanges. I/We have read and agree with the terms and
conditions mentioned in tender document issued to me/us for annual maintenance of E/A sets. The capacity wise rate
for Annual maintenance of E/A sets is given as below.
A
A.
Capacity of
E/A set (in
KVA)
QTY
Rate Per Unit per
month inclusive of
all levies and taxes
but excluding service
Tax in Rs
Total Cost
per Month
inclusive of
all levies and
taxes but
excluding
service Tax in
Rs
Any Other Cost
/ Discount
Quote/Offered
in Rs
Final Total per
month in Rs
B
C
D
E=CxD
F
G= E-F
Cost of Comprehensive Operations & Maintenance including Upkeep of Station
Page-60
SL.
NO.
1
<5 KVA to
25 KVA
29
2
>25 KVA to
45 KVA
4
3
>45 KVA to
63 KVA
0
Cost of Comprehensive Maintenance & Repair Support of DG Sets
B.
1
<5 KVA to
25 KVA
70
2
>25 KVA to
45 KVA
33
3
>45 KVA to
63 KVA
10
Note:- (1). Rates are inclusive of all levies/Taxes excluding service tax.
Page-61
(2). Rates for optional items shall also be accounted while deciding price ranking of
bidders.
(3) Urban Areas are those stations which are located at District HQ/ Tehshil HQ / Sub
divisional HQ of Revenue Districts. Remaining locations are called as Rural Areas
Financial Bid [Table-2]
Cluster Name-………….
Item
Quantity
(A)
(B)
Basic
Unit
Price per
BTS site
excluding
service
tax in Rs.
(C)
1.0
DG repair of
Seized DG Sets
by Overhauling
1.01
7.5 KVA to
12.5 KVA
5
1,02
15 KVA
5
1.03
20 KVA to 25
KVA
5
1.04
27.5 KVA to 35
KVA
5
1.05
37.5 KVA to 45
KVA
5
Taxes,
Levies
and all
Other
duties
Excluding
Service
Tax in Rs.
Unit Price per
month inclusive of
all Taxes, Levies
and all other duties
excluding service
TAX in Rs.
(D)
(E=C+D)
(In figure)
Unit Price per month
inclusive of all Taxes,
Levies and all other
duties excluding
service TAX in Rs.
Total Composite Price in Rs.
(G=B*E)
(In words)
(F=E)
Page-62
Sl
No
47 KVA to 55
KVA
3
1.06
56 KVA to 63
KVA
2
1.1
Lump sum
one time
Minor
Repairing
Cost where
DG is in
Operational
Condition
1.11
7.5 KVA to
12.5 KVA
5
1.12
15 KVA
5
1.13
20 KVA to 25
KVA
5
1.14
27.5 KVA to 35
KVA
5
1.15
37.5 KVA to 45
KVA
5
1.16
47 KVA to 55
KVA
3
1.17
56 KVA to 63
KVA
2
1.2
One Time
Service Cost
Page-63
1.06
inclusive of
Lubricants &
Consumables
1.21
7.5 KVA to
12.5 KVA
5
1.22
15 KVA
5
1.23
20 KVA to 25
KVA
5
1.24
27.5 KVA to 35
KVA
5
1.25
37.5 KVA to 45
KVA
5
1.26
47 KVA to 55
KVA
3
1.27
56 KVA to 63
KVA
2
Total Composite Cost= Total Composite Cost of Table-1 + Total Composite Cost of
Table-2
Page-64
Note: The price under Table -2 shall be applicable only for removing punch points as a one-time measure of infra
items DG, Power Plant, decided during joint inspection of site before taking over for Comprehensive O&M by the
bidder. However BSNL reserves right to use these prices to get set right of certain DG sets under the contract at
any given time during currency of the contract.
Page-65
“We hereby declare that in quoting the above prices, we have taken into account the entire credit on
inputs available under the MODVAT SCHEME introduced w.e.f. 1st March 1986 and further extended on
more
items
till
date”.
Section VIII
LOG SHEET PROFORMA
No of inspection /servicing……….
Date ………….
 Exchange Detail
Name of Exchange :……………………………
Name Of Incharge ……….…………
ExchangeTelephone no: .…………………
Hour Meter Reading
Date of Servicing:
.…………………
.…………………
 Engine Detail
Sr. no.
Alternator Detail
Sr. no.
Capacity
Capacity
Model
Model
 Control Panel Detail
Incoming
TPN / MCCB /
switch
MCB
Safety Control of engine
High Cylinder
Yes / No
Temperature
Capacity
LLOP
Yes / No
Lack of Fuel
Yes / No
 Reading after Servicing
Meter
No Load
Load
R.p.m
Oil Pressure
Voltage
Ampere
Frequency
Hour meter
 Remark of Service Engineer
(List out defect found during servicing which is not covered in service contract to
be charged extra)
Log book will be maintained daily basis in following format.
Sl.No date time of power failure D/G start time power restoration time time of D/G
dtop
66
12-
Page
Servicing done as per Schedule in AgreementSignature of Service Engineer
Page
66
Signature of Incharge
SECTION IX: BID FORM
TenderNo.OP-4/Tender/E.A./AMC/GMTD/NT/2012-13/1 Date 10-04-2013
To
AGM(Plg), O/o GMTD Nainital H.Q. Haldwani main telephone exchange building
Avas- Vikas P.O. Bhotia parao Haldwani
Dear Sir,
1. Having examined the conditions of contract and specifications including all
annexure the receipt of which is hereby duly acknowledged, we, undersigned, offer for
comprehencive operation and maintenance services of the equipments installed in the
Nainital SSA of BSNL, Uttarakhnad Circle as per the detailed BTS locations and the
miscellaneous activities mentioned in the tender for a period of three years in
conformity with the terms and conditions of contract for the annual price shown in the
financial bid attached herewith and made part of this Bid.
2. We undertake, if our Bid is accepted, to commence comprehencive operation and
maintenance services as per your advance work order/purchase order.
3. If our Bid is accepted, we will obtain the performance guarantees of a Scheduled
Bank for a sum equal to the three years’ comprehencive operation and maintenance
price of all the sites in respective cluster in which work is awarded for the due
performance of the contract.
4. We agree to abide by this Bid for a period of 150 days from the date fixed for Bid
opening and it shall remain binding upon us and may be accepted at any time before
the expiration of that period for the initial order subsequent order will be based on the
performance by the bidder.
5. Until a formal work order/ purchase order of contract is prepared and executed, this
Bid together with your written acceptance thereof in your notification of award shall
constitute a binding contract between us.
6. Bid submitted by us is properly sealed and prepared so as to prevent any
subsequent alteration and replacement.
7. We understand that you are not bound to accept the lowest or any bid, you may
receive.
Dated this .............................. day of
........................ 2012
Name and Signature -----------------------In the capacity of ---------------------Duly authorized to sign the bid for and
on behalf of .................................
Page
67
Page
67
Witness .........................................
Address ......................................
Signature
SECTION X: BID SECURITRY FORM
Whereas .................................. (hereinafter called "the Bidder") has submitted its bid
dated............for the supply of ........................ vide Tender No……………………
dated............ KNOW ALL MEN by these presents that WE ....................... OF
.................... having our registered office at .................(hereinafter called "the Bank")
are
bound unto Bharat Sanchar Nigam Limited (hereinafter called "the Purchaser") in the
sum of Rs.................... for which payment will and truly to be made of the said
Purchaser, the Bank binds itself, its successors and assigns by these present.
THE CONDITIONS of the obligation are :
1. If the Bidder withdraws his bid during the period of bid validity specified by the
Bidder on the Bid form or
2. If the Bidder, having been notified of the acceptance of his bid by the Purchaser
during the period of bid validity
(a) fails or refuses to execute the Contract, if required; or
(b) fails or refuses to furnish the Performance Security, in accordance with the
instructions to Bidders.
We undertake to pay to the Purchaser up to the above amount upon receipt of its first
written demand, without the purchaser having to substantiate its demand, provided
that in its demand, the purchaser will note that the amount claimed by it is due to it
owing to the occurrence of one or both of the two conditions, specifying the occurred
condition or conditions.
This guarantee will remain in force as specified in clauses 12 and 28.2 of section II of
the Bid Document up to and including THIRTY (30) days after the Period of bid validity
and any demand in respect thereof should reach the Bank not later than the specified
date /dates.
Signature of the Bank Authority.
Name
Signed in Capacity of
Name & Signature of witness
Address of witness
Full address of Branch
Tel No. of Branch
Fax No. of Branch
Page
68
Page
68
Witness .........................................
Address ......................................
Signature
SECTION XI:
LETTER OF AUTHORISATION FOR BID OPENING
(To be submitted to bid Opening Committee before bid opening)
To
AGM(Sales), O/o GM(Network Operation-CM),
CTO Building
Sanchar Parishar
Buddh Marg, Patna 800001
Subject: Authorization for attending bid opening on
________________________________(date) in the Tender of
_________________________________________________________.
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
Name
I.
Specimen Signatures
II.
Page
69
Page
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 recovered.
69
Alternate
Representative
SECTION XII:
PERFORMANCE SECURITY GUARANTEE (BOND FORM)
1. In consideration of the GMTD Bharat Sanchar Nigam Limited Nainital
H.Q.
Haldwani
(hereinafter
called”the
“BSNL”)
having
agreed
to
exempt………………………..( hereinafter called “Bidder”) from the demand,
under the terms and conditions of an agreement/ (purchase order)
No……………dated……………made
between…………………………..and…………………………for the supply
of……………………………………..(hereinafter called “the said AGREEMENT”)
of Security Deposit for the due fulfillment by the bidder of the terms and
conditions contained in the said Agreement, on production of the Bank
Guarantee for Rs 10% of work awarded -(RsTen percent of work awarded)
only .we, (name of the Bank)………………..(hereinafter referred to as “the
Bank”) at the request
of ……………………………(Bidder) do hereby undertake to pay to the BSNL
an amount not exceeding………………. against any loss or damage caused to
or suffered or would be caused to or suffered by the BSNL by reason of any
breach by bidder 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 bidder of any of
bidder’s failure to perform the said agreement. Any such demand made on
Page
70
Page
the bank shall be conclusive as regard the
70
terms or conditions contained in the said agreement or by reasons of the
amount due and payable by the bank under this guarantee where the
decision of the BSNL in these counts shall be final and binding on the bank.
However, our liability under this guarantee shall be restricted to an amount
not exceeding……………………..
3. We undertake to pay to the BSNL any money so demanded not
withstanding any dispute or disputes raised by bidder 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 bidder shall have no claim against us for making such
payment.
4. We (name of the Bank) …………………….. further agree that the guarantee
herein contained shall remain in full force and effect during the period that
would be taken for the performance of the said agreement and that it shall
continue to be enforceable till all the dues of the BSNL under or by virtue of
the said agreement have been fully paid and its claims satisfied or
discharged or till …………………. (office/department) BSNL certifies that the
terms and conditions of the said agreement have been fully or properly
carried out by bidder and accordingly discharges this guarantee. Unless a
demand or claim under this guarantee is made on us in writing on or before
the expiry of ……………….(period as specified in PO) 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
bidder from time to time or to postpone for any time or from time to time any
Page
71
of the powers exercisable by the BSNL against bidder and to forbear or
Page
conditions of the said agreement or to extend time of performance by the
71
in any manner our obligation hereunder to vary any of the terms and
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 bidder or for any forbearance, act or omission
on the part of BSNL or any indulgence by the BSNL to bidder or by any such
matter or thing whatsoever which under the law relating to the sureties
would, but for this provision, have effect of so relieving us.
6. This guarantee will not be discharged due to change in the constitution of
the Bank or bidder.
7. We (name of the Bank)…………………lastly undertake not to revoke this
guarantee during its currency except with the previous consent of the BSNL
in writing.
Dated the ………………………. Day of ………………
For
-------------------------------------------------------------------
Page
72
Page
72
(Indicate the name of bank)
SECTION XIII:
MUTUAL NON-DISCLOSURE AGREEMENT
Page
73
Page
1. This Agreement will apply to all confidential and proprietary information
disclosed by one party to the other party, including information listed in
Exhibit A and other information which the disclosing party identifies in
writing as confidential before or within thirty days after disclosure to the
receiving party ("Confidential Information").
2. Each party agrees (i) to hold the other party's Confidential Information in
strict confidence, (ii) not to disclose such Confidential Information to any
third parties, and (iii) not to use any Confidential Information for any
purpose except for the Business Purpose. Each party may disclose the other
party's Confidential Information to its responsible employees with a bona
fide need to know, but only to the extent necessary to carry out the Business
Purpose. Each party agrees to instruct all such employees not to disclose
such Confidential Information to third parties, including consultants,
without the prior written permission of the disclosing party.
3. Confidential information will not include information which:
73
This Agreement is made as of the ___________ between Bharat Sanchar
Nigam Limited (A Government of India Enterprise), O/o GMTD Nainita H.Q.
HALDWANI
BSNL, MAIN TELEPHONE EXCHANGE AVAS-VAKAS P.O.
BHOTIA PARAO HALDWANI 263139, having its registered office at 10th
Floor, Statesman House, B-148, Barakhamba Road, New Delhi-110001
herein after called “BSNL” which expression shall unless repugnant to the
subject or the context mean and included its successors, nominees or assign
and M/s …….. (Bidder), an Indian Company incorporated and registered
under the companies Act 1956, having its registered office at ………………..
herein after referred to as the “Bidder” which expression shall unless
repugnant to the subject or the context mean and include its successors,
nominees or assigns.
In order to pursue the mutual business purpose specified in Exhibit A (the
"Business Purpose"), BSNL and Bidder recognize that there is a need to
disclose to one another certain confidential information of each party to be
used only for the Business Purpose and to protect such confidential
information from unauthorized use and disclosure.
In consideration of the other party's disclosure of such information, each
party agrees as follows:
(i) is now, or hereafter becomes, through no act or failure to act on the part
of the receiving party, generally known or available to the public:
(iii)
Was acquired by the receiving party before receiving such
Information from the disclosing party and without restriction as to use or
disclosure;
(iii) Is hereafter rightfully furnished to the receiving party by a third
party,without restriction as to use or disclosure:
(IV) is information which the receiving party can document was
independently developed by the receiving party;
(v) is required to be disclosed pursuant to law, provided the receiving party
uses reasonable efforts to give the disclosing party reasonable notice of such
required disclosure; or
(vi) Is disclosed with the prior written consent of the disclosing party.
4. Each party agrees not to remove any of the other party's Confidential
Information from the premises of the disclosing party without the disclosing
party's prior written approval. Each party agrees to exercise extreme care in
protecting the confidentiality of any Confidential Information which is
removed, only with the disclosing party's prior written approval, from the
disclosing party's premises. Each party agrees to comply with any and all
terms and conditions the disclosing party may impose upon any such
approved removal, such as conditions that the removed Confidential
Information and all copies must be returned by a certain date, and that no
copies are to be making off of the premises.
5. Upon the disclosing party's request, the receiving party will promptly
return to the disclosing party all tangible items containing or consisting of
the disclosing party's Confidential Information all copies thereof.
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7. Each party acknowledges that all of the disclosing party's Confidential
Information is owned solely by the disclosing party (or its licensors) and that
the unauthorized disclosure or use of such Confidential Information would
cause irreparable harm and significant injury, the degree of which may be
difficult to ascertain. Accordingly, each party agrees that the disclosing party
will have the right to obtain an immediate injunction enjoining any breach of
this Agreement, as well as the right to pursue any and all other rights and
remedies available at law or in equity for such a breach.
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6.Each party recognizes and agrees that nothing contained in this
Agreement will be construed as granting any rights to the receiving party, by
license or otherwise, to any of the disclosing party's Confidential Information
except as specified in this Agreement.
8. This Agreement will be construed, interpreted, and applied in accordance
with the laws of India. Subject to terms and conditions regarding the
removal of Confidential Information as set forth under Section 4, this
Agreement and Exhibit A attached hereto are the complete and exclusive
statement regarding the subject matter of this Agreement and supersede all
prior agreements, understandings and communications, oral or written,
between the parties regarding the subject matter of this Agreement.
9. This Agreement will remain in effect for five years from the date of the last
disclosure of Confidential Information, at which time it will terminate.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
by their duly authorized officers or representatives.
Bidder Company Name
Signature
Printed Name
Title
Bharat Sanchar Nigam Limited
Signature
Printed
Name
Title
Seal
Seal
Exhibit A
1. Business Purpose:
To carry out Comprehensive Operations & Maintenance of Infrastructure
Equipments
(Reference: Tender No :…………………….)
2. Confidential Information of Bidder
3. Confidential Information of Bharat Sanchar Nigam Limited (BSNL):

configurations.
 All information shared in oral or in written form by BSNL with Bidder
Bidder Company Name
Bharat Sanchar Nigam Limited
Signature
Signature
Printed Name
Printed
Name
Title
Title
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Seal
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Page
END
Page
Seal