BHARAT SANCHAR NIGAM LIMITED
( A Govt. of India Enterprise)
Office of the General Manager, Telecom. Distt. Hamirpur-177001 .

HAMIRPUR   SSA
            
TENDER     FORM
•	TRC VOUCHERS  FEEDING IN  HAMIRPUR SSA

COST OF TENDER DOCUMENT Rs.569/- (Rupees five hundred sixty nine only)

  FORM No.__________________________

1.Name and address of contractor__________________
2.Date of application______________________
3.Date of receipt of application______________
4.Date of issue of tender document_________________

                                                                                                                                 Issued By:-
                                                                                                                                                     AO (Comp)
                                                                                                                                                  O/o GMTD,Hamirpur(HP)

Table of contents

		
Sr. 
No.	Contents	Page No.	
1	Detail of NIT
	3	
2	Instructions for  bidders                         Chapter – I
	4-6	
3	Information to be given by tenderers    Chapter –II
	7-8	
4	Terms and conditions of contract          Chapter- III
	9-14	
5	Technical specifications                          Chapter-IV.
	15	
6	Agreement                                                 Chapter V
	16-19	
7	Letter of Authorization                           Chapter VI	20	
8

	Financial Bid	                        Chapter VII      	21	

           	 	                            				
                                                BHARAT SANCHAR NIGAM LIMITED
                (A Govt. of India Enterprise )
                    CONNECTING INDIA
                            Office of the General Manager Telecom. Distt. HAMIRPUR -177001.

Detailed NIT No.TR/COMP/TRC-FEEDING/TENDER/HMR/ 2015-16                 Dated   08/03/2016         	
 				NOTICE INVITING TENDER
Properly Sealed ( sealed by  packing PVC Tape/sealing Wax) tenders are invited on behalf of Bharat 
Sanchar Nigam Limited  by  the General Manager Telecom. Distt. HAMIRPUR only from the experienced contractors for  TRC vouchers  feeding in Computer Branch 0/O GMTD BSNL HAMIRPUR.  (HP)	                  

                                                          SCHEDULE OF WORKS
Sr. No.	Tender No.	Name of Work	Approx. Cost    Rs.	Earnest Money   Rs.	
1	TRC/HMR	 1. TRC  FEEDING APPROX 9,000 VOUCHERS PER MONTH 
 (Landline ,WLL & Mobile)	Rs. 60,000   PER ANNUM.
	
Rs 1500/-

 Only those contractors who have executed works of identical nature in any Govt. Deptt./Public Sector Orgn.  in any last one financial year during last three years, are eligible.   Intending Tenderers   may  obtain copy of the commercial conditions along with the relevant technical specifications from the Accounts Officer (COMPUTER), O/O G.M.T.D. HAMIRPUR(HP) up to 29/03/2016  between 1100  to 1600 hours  on  production of Proof of payment of Rs 569/-(Rupees Five  hundred sixty nine only) (Non-Refundable).  The tender document shall not be sent by  post. The tender document can be downloaded from our website www.hp. bsnl .co.in.             
Sale of tender document     			: Between 1100 to 1600 hours up to 29/03/2016 .(all working days)
Time & last date of submission of bid		: Up to 1300 hours on 30/03/2016  in the tender box kept in the % AGM   
                                                                                         (NWP) % GMTD Hamirpur HP                             
Time& date of bid opening			: 1500 hours on   30/03/2016  
Cost of the Tender Document  : 	:  Rs 569-00  (Non refundable) by cash payment or through Demand 
   draft drawn in favour of A.O. (Cash) BSNL % GMTD Hamirpur 
   (HP) payable at  Hamirpur  (HP)
                The payment of Bid Security (EMD) will be accepted  in the form of crossed demand draft on any scheduled bank in favour of Accounts Officer (Cash),BSNL, O/o  The General Manager Telecom Distt, HAMIRPUR(HP), payable at HAMIRPUR. The  tender should be submitted in wax  sealed cover containing two separate sealed envelopes separately for each work. One for Pre Qualification Bid and the second for financial Bid. Both the small envelopes should further be wax sealed in large envelope ( The detailed procedure is explained in tender form containing terms and conditions).The complete tender should be addressed to  Accounts Officer (RM-Computer)   O/O GMTD BSNL HAMIRPUR (HP) superscribed as “TENDER FOR TRC VOUCHERS   FEEDING  IN TRA ’’  so as to reach him  up to scheduled date & time. The complete tender can also be dropped in the Tender Box available in AGM(NWP) room as per time & last date fixed for submission of bid. The tender received after due date and time will not be accepted and summarily be rejected. Tender will be opened in the presence of those tenderers who may wish to be present at their own cost. If the date of opening of the tender happens to be a holiday, the tender will be opened on the next working day. 
                The tender , which is not accompanied by the requisite Bid Security, shall be summarily rejected. In addition to this tender document not accompanied with the cost of bid document ( in case of document downloaded from the website) will summarily be rejected. The downloaded  “ Tender Document” in which rates are quoted should be properly bound  and     sealed . Loose/spiral bound submission shall be rejected out-rightly. In case of any correction/addition/alteration/omission in tender     document,  the bid  shall be treated as non-responsive and summarily be rejected. The tenderer  shall furnish a declaration to this   effect that no addition/deletion/correction have been made in the tender document submitted and it is identical to the tender    document appearing in the website  Tender will not be accepted/ received after expiry date and time. GMTD HAMIRPUR   reserves the right to reject any or all tenders without assigning any reason what –so ever 
					---------------

CHAPTER-1
INSTRUCTION FOR TENDERERS:
The contractor must carefully read all the terms and conditions and specification before filling up the tender schedule, every page of the tender document is to be signed by the tenderer at the space marked as “SIGNATURE OF THE TENDERER ”.
1. PLACE OF OPERATION: HAMIRPUR SSA
1.(i)  SUBMISSION OF BID: Tenderer  should go through the tender documents & should offer their tender in wax sealed cover comprising of two sealed envelopes, namely Technical Bid envelopes & Financial Bid envelope, together placed in a third wax sealed cover super scribing the name of the work (Tender for TRC Vouchers  Feeding )
	Initially pre-qualification bid  envelope will be opened. Only after check of EMD & other required documents as per NIT, the financial Bid document envelope will be opened. 
1 (i) (A)	First envelope will have title ‘Pre-qualification Bid Envelope’ & would contain 
	1.   D.D. of prescribed amount for Earnest money as specified in NIT
	11. Experience certificate for execution of work of identical nature data feeding in any Govt. deptt./Public Sector organization  in any last one financial  year  during the spell of last 3 financial   years i.e. 2012-2013, 2013-2014  and 2014-2015
	111. Attested copy of Partner Ship Deed in case of Partner Ship Firm  Or affidavit in case of sole proprietor ship
	IV.   Power of Attorney in case of Partnership Firm.
	V    Tender document in original EXCEPT Financial Bid (Chapter-VII) dully filled in and signed by tenderer or his authorized representative along with seal on each page. All corrections and over writings must be initialed with date by the tenderer or his authorized representative
                      VI  Copy of registration with Provident Fund authorities  or affidavit where the labours/employees  engaged strength    
	        is below 20.
                     VII    Copy of Registration number with service tax authority  or Affidavit if the contractor is not service tax payee being low income.
                     VIII    Declaration as per NIT in case of downloaded document. 
                      IX      Latest  ITCC or PAN number of the bidder.
	X    Complete Residential & Permanent Address, Contact Numbers,Complete Bank Details i.e A/c No., Nature of A/c  
                             whether current or Saving, Name of Bank, IFS code etc.
       . 
1 (i) (B)  FINANCIAL BID ENVELOPE SHOULD CONTAIN ONLY THE FINANCIAL BID & rates be offered in unambiguous manner in the prescribed bid. The Financial Bid be opened only if the Pre-qualification bid is found in order as per  para  (A) above.
1 (i) (C)	Failure in submitting EMD in the prescribed manner and other document enumerated above, price bid will not be opened and the tender will be summarily rejected
2. VOLUME OF WORK:
 Approximately 9000 TRC vouchers are to be punched in a month  in TRA Branch. But hereinafter, volume of work mentioned, HAMIRPUR Telecom. District do not guarantee any definite volume of work or any particular pattern of service at any time or throughout the period of the contract. The mere mention of  work in this contract does not by itself confer a right on the contractors to demand that the definite volume of work  should necessarily or exclusively be entrusted to them. The tentative quantities/figures indicated in the tender are approximate and  are subject to change which shall be binding on the contractor.
3. ITEM OF WORK:
	Execution of work/providing services as mentioned in the NIT is to be carried out as per technical specification.
The contract, if any, which may eventuate from this tender shall be governed by the terms and conditions of contract as contained in the invitation instruction to the tenderer and as given  in the form of this tender.
4. SIGNING OF TENDER:
(i)	Person/ persons signing the tender shall state in what capacity he or they are signing the tender: e.g. as sole proprietor of the firm or Secretary/ Manager/Director etc. of the Limited Co. In the case of the partner-ship firms, the name of all the partner should be disclosed and the tender shall be signed by all the partners or the duly constituted attorney, having authority to bind all including the Arbitration clause.

	The original or the attested copy of the partner-ship deed should be furnished along with the tender. In the case of a Limited Co., the name of the Director should be mentioned and it shall be certified that the person singing the tender is empowered to do so on behalf of the company shall be attached to the tender. In case of Hindu undivided family, the name of the family members should be disclosed and the Karta who can bind the firm should sign the form and indicate his status below his signature.
(ii)	The person signing the tender form or any document forming part of the Tender on behalf of the another or on behalf of a firm shall be responsible to produce a proper power of attorney duly accepted in his favour standing that he has authority to bind such other person or the firm as the case may be in all matters pertaining to the contract including the Arbitration clause. If the person so signing the tender fails to produce the said powers of attorney his tender shall be liable to summary rejection without prejudice to any other right of BSNL under the law. The power of attorney should be singed by all the partners in the case of partner-ship concern, by the proprietor in case of a proprietary concern and by the person who by his signature can bind the company in case of Limited concern. In the case of Hindu undivided family the power of attorney should be signed by the Karta who by this signature can bind the firm.  
5. EMD:
 Each tender must be accompanied by an EARNEST Money of the amount as indicated in NIT. The EMD should be in the form of a Demand Draft issued by any scheduled Bank drawn at HAMIRPUR in favour of the Account Officer (Cash), BSNL O/o the GM TD, HAMIRPUR(HP).
	Tender not accompanied by the Earnest money shall be summarily rejected.
	The earnest money shall be liable to forfeiture if the tenderer after submitting his tender rates, withdraws or modifies his offer and or the terms and conditions thereof in any manner is being understood that the tender document have been made available to him and he being permitted to tender in consideration of his agreement to this stipulation. The earnest money deposit will be returned to all unsuccessful tenderers after finalization of the tenders. In respect of successful tender EMD will be automatically adjusted towards Security Deposit. No interest shall be payable on the amount of Earnest Money, in any case.
	The EMD will be forfeited in case fail to accept the offer, in case his tender is accepted, fails to pay the security deposit in stipulated time limit, fails to carry out the work in stipulated time limit, if any of the document submitted by the tender is found to be forged.
6. PERFORMANCE SECURITY DEPOSIT:
The EMD of successful tenders will be converted into Performance Security Deposit. The successful tenders will have to deposit additional 7.5% amount of work as Performance security Deposit within fifteen days of acceptance of their tender. Total Performance Security will be 10% of the estimated cost of the tender. Performance Security Deposit initially should be valid for 2 years further extendable to one year or  as per agreement,   in the shape of cash or  Bank Guarantee from nationalized bank, falling which the tender shall be liable to cancel at the risk and cost of the tenderer.
(a)		The performance Security Deposit would be subjected to the terms & conditions given in the chapter-IV of this tender and the BSNL will not be liable for payment of any interest on the Performance Security Deposit or any depreciation thereof.
(b)		If the successful tenderer  had previously held any contract and furnished it’s Performance Security Deposit for this tender, the same shall not be adjusted against this tender and a fresh Performance Security will be required to be deposited.
 (c)	 	In the event of security deposit insufficient or the security has been full forfeited the balance of the total sum then or which at any time thereafter become due to the contractor under this or any other contract with the B.S.N.L. should that sum also be not sufficient to cover the full amount recoverable, the contractor shall pay to HAMIRPUR telecom District on demand the remaining balance due.
(d)		Security Deposit tendered in any form shall be liable for appropriation/ only adjustment against any liquidated damage for delayed execution of work or against carry forward loss to the BSNL to which the contractor does not meet otherwise. If the contractor fails or neglect to perform any of his obligation under the contract, it shall be lawful for the B.S.N.L. to forfeit either whole or any part of the security deposit furnished by the contract, which does not amount to imposing of penalty after issuing a “show cause notice” which will be duly examined for final decision by the issuing by the competent authority and the decision conveyed to the contractor in writing.

7. DOCUMENTS :
(a)	The documents as detailed in Para 1 above must be submitted along with the tender. After a final decision about the tender is taken the successful tenderer shall produce original partner-ship deed and power of attorney within seven (07) days of the acceptance of tender, failing which BSNL will be entitled to cancel the contract at the risk and cost of the tenderer.
(b)	 The tenderer is required to use two separate sealed envelopes with marking as TECHNICAL BID envelope and FINANCIAL BID envelope. All these two envelopes in turn are to be kept in a wax sealed outer bigger envelope.      
(c)	8.PRICE QUOTATION:
Tenderers  are required to offer their rates in Financial Bid of tender documents and write the rates without any over-writing in words & figures. The rates offered should be inclusive of all taxes & duties etc.(except service tax as applicable from time to time. Service tax  is to be claimed in respective bill
9. Attestation of cutting & overwriting:
 (a)		The tender form shall be filled in by the tenderer neatly and accurately. Any alteration or over-writing may render the tender invalid. Alteration neatly carried out and duly attested over the full signature of the tenderers, however is permitted.

10. OPENING OF TENDERS:
	The tenders will be opened in the office of GMTD HAMIRPUR at the time and on the date indicated in NIT. The tenderer will be at liberty to be present either in person or through an authorized representative, at the time of opening of the tenders at his own cost.. In case the date of opening of tender is declared as holiday, the tender will be opened on next working day at schedule time.
11. CORRUPT  PRACTICES:
(a)		Any bribe, commission or advantage offered or promised by or on behalf of the tenderer to any officer and servant of the BSNL shall (in addition to any criminal liability which the tenderers may incur) debar his tender from being considered canvassing on the part or on behalf of the tenderer will also make his tender liable to rejection.
(b)		No Tenderer/contractor shall bring or attempt to bring any political or other outside influence to hear upon any officer of Bharat Sanchar Nigam Limited to further his interest in respect of matters pertaining to his contact under B.S.N.L.
12. ACCEPTANCE OF TENDER:
	The General Manager, Telecom District, HAMIRPUR, on behalf of the BSNL reserves the right to reject any or all the tenders without assigning any reason and does not bind himself to accept the lowest or any tender. Tenders with conditions will be summarily rejected. BSNL also reserves the right to award any work any time to any contractor in the area. The successful tenderer will be intimated of the acceptance of his tender by a letter /telegram of formal acceptance of tender. Where acceptance is communicated by the telegram, the formal acceptance of tender will be forwarded to the contractor as soon as possible, but the telegram must be acted upon immediately and agreement as perform of agreement given in chapter-VI on a non-judicial stamp paper of Rs. 100.00 (Rs. One hundred only) is to be signed by the tenderer within 15 days of issue of acceptance letter, failing which the EMD shall likely to be forfeited. Bidder has to bear the cost of stamp paper.

CHAPTER-II
INFORMATION TO BE GIVEN BY TENDERERS.
Certified copies of documents supporting the information furnished may invariably be enclosed. To be filled in by the tenderer.
1.         Name & Address of the tenderer…………………………………..
	           and Telegraphic Address, Telephone No/s………………………….
	2.       Composition of Tenderer It should be treated whether the tenderer is an undivided Hindu family, proprietorship concern or registered partnership firm or 	a registered partnership firm or a Limited Co. The name of all the partners, Director/ Proprietors and karta of Undivided Hindu Family should be given. It should be certified that there is no undisclosed partner. In the case of limited Company the authorized and paid up Capital should be  stated
3.     Business in which the tenderer is  employed: The nature of business  in which the tender of partners of the  tenderer’s firm are engaged should  be stated together with particulars of  their Head Office and branches, if any, are located.
4.    Tenderer’s Banks: The name of the  Bank and the branches with which   the tenderer  has dealing and who can certify the              tenderer’s financial status,  should be given.
5.   I/we do hereby declare that the entries made and appendices attached there in are true and also that I/we shall be bound by the act of my /our duly constituted attorney Shri ____________________________ whose signature is appended here to in the space specified for the purpose and of any other person who in future may be appointed by me/us instead to carry on the business of the concerned whether an intimation of such change is to the  BSNL or not.
6. I/we have read and understood the  requirements as contained in this notice inviting tender. We are enclosing FINANCIAL BID in envelope duly wax sealed. 
7.  The following documents are enclosed along with this tender duly filled and signed 
a)      Document- I ________________________________________e)Doc.V
b)      Document-II ________________________________________f)Doc.VI
c)       Document-III _______________________________________g) Doc.VII
d)      Document-IV ________________________________________

			SIGNATURE OF CONSTITUTED ATTORNEY
						Yours Faithfully, 
					
	 				       (Signature of tenderer)
(Signature in which signed.)
                                                                   Name  & address of Attorney:	______________________________________					            ______________________________________
Name				:  	_____________________________________

        Address	: 	_________________________________	____		  					    ___________________________________
				  				 __________________________________________
Date				: 	_____________________________________
 Signature of witness				: _________________________________________						
			: __________________________________________

TENDER’S QUOTATION
To be submitted in Technical Bid Envelope

(i)	Tenderer’s Telegraphic Address	::
(ii)	Tenderer’s Telephone/Mobile Nos.	:
From:__________________________________________
	__________________________________________
To:        The  Accounts Officer (RM-Computer) 
Office of  G.M.T.D. Hamirpur-177001
Reference: NIT No.TR/COMP/TRC-FEEDING/TENDER/HMR/ 2015-16                 dated               08 -03-2016 
Dear Sir,
1.	I/We submit the sealed tender for TRC VOUCHERS FEEDING WORK IN HAMIRPUR SSA.
2.(a) 	I/We have thoroughly examined and understood instruction to tenderer, term and conditions of contract given in the Notice inviting tender and those contained in the general conditions of Contracts and its Annexure and agree to abide by them.
2.(b) 	I/We confirm that no other charges would be payable to me/us.
2.(c) 	I/we agree to keep the offer open for acceptance up to 90 days from the date of opening of Tender.
	I/We shall be bound by communication of acceptance of the offer dispatched within the time.
Demand Draft/Cash Receipt No._______________________________________  Dated _______________ For Rs. __________________________ (Rupees ________________ _____________________________________________) is enclosed as Earnest Money in the other envelope marked as TECHNICAL BID envelope”. 
Thanking you,
								Yours faithfully,

	signature of Tenderer 
							Capacity in which signing.

						CHAPTER-III
				TERMS AND CONDITION OF CONTRACT
Terms and condition governing contracts in the jurisdiction of HAMIRPUR Telecom. District.
1.	DEFINITIONS
(i)	The term “contract” shall mean and include the invitation to tender incorporating also the instructions to tenderers, the Tender, its Annexure and schedules, acceptance of tender and such general and special conditions as may be added to it.
(ii)	The term “contractor” shall mean and include the person or persons firm or company with whom the contract has been placed including their heirs, executor, administrators, successors and their permitted assigns, as the case may be.
(iii)	The term “contract Rate” shall mean the rates of payment accepted by the General Manager, Telecom Distt. HAMIRPUR for and on behalf of the B.S.N.L.
(iv)	BSNL/HAMIRPUR Telecom District means the General Manager, Telecom District, HAMIRPUR or /Dy. G.M / divisional Engineer /CAO and maintenance units or any other officers specially authorized by the General Manager, Telecom District, HAMIRPUR on his behalf.
(v)	 Normal time or stipulated time means time specified in   for the work.
(vi)	Extension time means the time granted by HAMIRPUR Telecom. District.
(vii) The jurisdiction of HAMIRPUR Telecom. District for the purpose of  Tender is HAMIRPUR SSA.
(viii) TRC feeding   work in r/o LAND LINE,WLL& MOBILE IN TR-SECTION:-
	a)) Computer voucher (TRC)
	b) Other voucher (TRC)
	c) Application demand note(TRC) 
	d) Correction of   untallied batches.(TRC)
	i)   The feeding work  should be in any office of HAMIRPUR SSA and service provider should be well versed in window environment /Oracle informant and MS office for efficient handling. 
     j)    Data feeding work will be done on  all   working   days   1000  to 1730 hours.
	The term “Services” shall means the performance of any of the items of work enumerated in schedule of services, including such auxiliary, additional and incidental duties/services and operation as may be indicated by the CAO(TR) or any person authorized by him on his behalf.
2.	OBJECT OF THE CONTRACT:
The contractors shall render all the services mentioned in the technical specification chapter V of the tender document and directed by the CAO /AO(Computer ) or any officer acting on his behalf from time to time which shall not be inconsistent with these terms and conditions:

a)	The parties to the contract are the contractor and the C.M.D. New Delhi represented by the General Manager, Telecom District, HAMIRPUR and/or any other person authorized/acting on his behalf.
b)	The parties signing the tender or any other document forming part of the Tender on behalf of any other authority to bind such other person or the firm as the case may be in such matters pertaining to the contract including the arbitrary clause, if on enquiry, it is found that the person concerned has no such authority, the General Manager, Telecom District, HAMIRPUR may without prejudice to other civil and criminal remedies, terminate the contract and hold the signatory liable for all costs and damages.
c)	Notice or any other action to be taken on behalf of the HAMIRPUR Telecom District may be given/taken by the CAO  or any other so authorized by the General Manager, Telecom District, HAMIRPUR.
3.	CONSTIUTION OF CONTRACTORS:
Contractors shall at the time of submission of  Tender declare whether they are sole proprietary concern or registered partnership firm or private limited company or a public limited company incorporated in India or a Hindu undivided family. The composition of the partnership, names of Directors of company and names of the Karta of Hindu Undivided family shall also be indicated. The contractors shall also nominate a person in whose hands the active management and control of the work relating to the contract during the tenure of contract would lie. The person so nominated shall be deemed to have power of attorney from the contractors in respect in respect of the contract and whose acts shall be binding on the contractors. The contractor shall not during the currency of the contract, make without the prior approval of the HAMIRPUR Telecom District any change in the constitution of the firm. The contractors shall notify to the HAMIRPUR Telecom District the occurrence of such an event. On receipt of such notice, the General Manager, Telecom District, HAMIRPUR shall have the right to terminate the contract.
.4.	SUBLETTING
	The Contractors shall not sublet, transfer or assign the contract or any part thereof without the previous written approval of the GMTD HAMIRPUR. In the event of the contractor contravening this condition, the GMTD HAMIRPUR shall be entitled to award the contract to other on the contract account at his risk and the contractor shall be liable for any loss or damage which the GMTD HAMIRPUR may sustain in consequence or arising out of such replacing of the contract.
5.	RELATIONSHIP WITH THIRD PARTIES:
	All transactions between the contractors and the third parties shall be carried out as between two parties without reference in any event to the HAMIRPUR Telecom District. The contractors shall also undertaking to make third parties fully aware of the position aforesaid.
6.		The HAMIRPUR Telecom District shall be fully indemnified by the contractors against all payments, claims and liabilities what so ever incidental or direct, arising out of or for compliance with or enforcement of the country as they are at present or as they would stand modified from time to time, to the extent they are applicable to the establishment/works in the HAMIRPUR Telecom District. The GMTD, HAMIRPUR shall have the right to deduct from any moneys due to the contractor, any sums required or estimated to be required for making good the loss suffered by a worker or workers by reason of non-fulfillment of the condition of the contract for the benefit or believed to be for the benefit of their wages, etc. which are not authorized or justified by the terms or the contract or non observance of the Rules, Regulation and or Acts or by way of fulfillment of any obligations on the part of the contractor for strict observance of the provisions of the aforesaid laws/Acts in Para (ii) above.
7.	BRIBES, COMMISSION, GIFTS ETC: 
	Any bribe, commission, gift or advantage given, promised or offered by or on behalf of the contractors or any one or more of their partners/Directors agent or servants or any one else on their behalf to any officer, servants representatives or agent of the HAMIRPUR Telecom District or any person on his or their behalf for showing for bearing favour or disfavor to any person in relation to the contract, with the HAMIRPUR Telecom District and contractors shall be liable to the payment of any loss or damage resulting from such cancellation.
8.	PERIOD OF CONTRACT:
	The contract shall remain in force for Two years   from the date of contract/agreement  extendable for  further  ONE YEAR  or such later date as may be decided by the General Manager, Telecom District, HAMIRPUR but the General Manager, Telecom District, HAMIRPUR reserve the right to terminate the contract at any time during its currency without assigning any reason thereof by giving thirty days notice in writing to the contractors at their last known place of residence/business and the contractors shall not be entitled to any compensation by reason of such termination.
	
The action of the General Manager, Telecom District, HAMIRPUR under this clause shall be final, conclusive and binding on the contractors and shall not be called into question. The General Manager, Telecom District, HAMIRPUR in his discretion can extend/reduce the validity of the contract at any time during the currency of contract without assigning any reason.
 9.	SUMMARY TERMINATION:
 		In the event of the contractors having been adjudged insolvent or going into liquidation or winding up their business or making arrangement with their creditors or failing to observe any of the provisions of this contract or any of the term and conditions governing the contract, the GMTD HAMIRPUR shall be at liberty to terminate the contract forthwith without prejudice to any other right and remedies under the contract and to get the work done for the un expired period of the contract at the risk and cost of the contractors and to claim from the contractors any resultant loss sustained or costs incurred.
10		The General Manager, Telecom District, HAMIRPUR shall also have without prejudice to other rights and remedies, the right, in the event of breach by the contractors of any of the terms and conditions of the contract to terminate the contract forthwith and to get the work done for the un-expired period of the contract at the risk and cost of the contractors and forfeit the security deposit or any part thereof for the sum or sums to any damages, losses, charges, expenses or costs that may be suffered or incurred by the HAMIRPUR Telecom. District HAMIRPUR due to contractor’s negligence or un-workman like performance of any of the services under the contract.
11		The contractors shall be responsible to supply adequate and sufficient skilled worker well conversant with data feeding in MS office and UNIX or Oracle or Fox Pro.
12. LIABILITY OF CONTRACTORS FOR LOSS  SUFFERED BY BSNL
(a)		The  contractor shall be liable for all costs, damages charges and expenses suffered or incurred by HAMIRPUR Telecom District due to the contractors negligence and unworkman like performance or any service under this contract or breach of any terms therefore or their failure to carry out the work with a view to avoid damages etc. and for all damages or losses occasioned to the HAMIRPUR Telecom or in particular to any property or plant belonging to the HAMIRPUR Telecom  District due to any act whether negligence or otherwise of the contractors themselves or their employees. The decision of the  CAO regarding such failure of the contractors and their liability for the losses etc. suffered by Hamirpur Telecom District shall be final and binding on the contractors.
(b)		The HAMIRPUR Telecom District shall be at liberty to reimburse themselves of  any damages, losses, charges, costs of expenses suffered or incurred by it due to contractors negligence and unworkman like performance of service under the contract, breach of any terms thereof. The total sum claimed shall be deducted from any sum due to them  or which at any time thereafter may become due to the contractors under this or any other contract with the HAMIRPUR Telecom District, In the event of the sum which may be due from the HAMIRPUR Telecom District as aforesaid being balance of the total sum claimed and recoverable from the contractor as aforesaid shall be deducted from the security deposit furnished by the contractors as specified in para 10 should this sum also be not sufficient to cover the full amount claimed by the HAMIRPUR Telecom District on demand the remaining balance of the aforesaid sum claimed.
(c)		In the event of default on the part of the contractors and the failure to perform any of the services mentioned in this agreement efficiently and to the entire satisfaction of the HAMIRPUR Telecom District or any officer acting on his behalf the  CAO I/C shall without prejudice to other rights and remedies under this agreement, have the right to recover by way of compensation from the contractors a sum which will be a part of the default as the  CAO / I/C in his absolute discretion may determine and the decision of the  CAO /  I/C in the question whether the contractors have committed such default or have failed to perform any of such service efficiency and are liable to pay compensation and as to the quantum of such compensation shall, subject to approval of the GMTD, HAMIRPUR be final and binding in the contractors.
13. SET OFF:
	Any sum of money due and payable to the contractors (including security deposit returnable to them) under this contract may be appropriated by the HAMIRPUR Telecom District and set-off against any claim of the B.S.N.L for the payment of any sum of money arising out of or under any other contract made by the contractors with the  B.S.N.L. throughout India.
14 GUARANTEE:
	The services are to be rendered strictly according to the technical specification mentioned in chapter IV. The service rendered must be guaranteed for satisfactory working as well as free from any defect for a minimum period of two years from the date software support. In case any fail during the guarantee period the same will have to be attended or repaired by the tendered free of cost within 15 days falling which GMTD HAMIRPUR shall have the power to forfeit the security deposit after issue of show-cause notice. A warranty certificate must be enclosed with the bill of article.
15. VOLUME OF WORK:
	Approximately 9,000 TRC vouchers are to be punched in a month in the Computer Branch. But here inafter mentioned, HAMIRPUR Telecom. District do not guarantee any definite volume of work or any particular pattern of service at any time or throughout the period of the contract. The mere mention of  work in this contract does not by itself confer a right on the contractors to demand that the definite volume of work  should necessarily or exclusively be entrusted to them. The tentative quantities/figures indicated in the tender are approximate and  are subject to change which shall be binding on the contractor.
16. INSPECTION:
	The work executed/services provided will be inspected by the officers viz. AO (computer)/AO (Mobile)/CAO or any officer nominated by the competent authority. All the facility for testing/inspection shall be provided by the bidder. The test/inspection will be carried out as per standard. The inspection can be conducted as per discretion of officer. It any portion of work found defective or fails to fulfill the requirement as per technical specification, the same will have to be rectified by the bidder immediately.
17. PAYMENTS
	The contractor  will submit bills on monthly basis at the end of calendar month in triplicate to AO (comp) o/o General Manager, Telecom. Distt. HAMIRPUR) on or before every 5th day of the following month. Payment will be made by the Accounts Officer (Cash) concerned on submission of bills in triplicate duly supported by the satisfactory performance certificate issued by the AO (comp) and detail of work done and counter signed by the CAO in the prescribed form. The contractor should submit all their bills and final bill not later than two months from the date of expiry of the contract. Failing which store security deposit will be forfeited. In order to facilitate disposal of bills, the contractors are advised to submit their bills monthly.   No claim, received after two months from the date of expiry of the contract will be entertained.
18. FORCE MAJEURE:
In the event of either party being rendered unable by force majored to perform this contract, than the obligation of the party affected by such force majored shall be suspended for the whole period during which such case lasts an until normal operations are resumed and when such cause ends the execution of this contract must be resumed with all reasonable dispatch. Should the execution of this contract be suspended by force majored than a corresponding extension of the completion date shall be automatically granted. The occurrence of the cause of forced majored.
	However shall not relieve the BSNL and its obligation to make payment to the contractor for the work satisfactory executed prior day to the term force majeured as employed herein shall mean Act of God, was declared or undeclared, hostilities, enemy action, revote, riots, legal lock out and illegal strikes, tidal waves, forest fires, major floods, explosions, earth quake, epidemics sabotage extraordinary Acts and Regulation  of Central or State Government or Municipal Bodies upon the occurrence of such cause and its termination the parties rendered unable as aforesaid shall notify the other party rendered, in writing within 72 hours of the beginning and ending dates giving full particulars and evidences, if required.
19. LAW GOVERNING THE CONTRACT:
	The contract will be governed by Laws  in force.
20. DELIVERY PERIOD:
	The services of data feeding are to be commenced immediately on issue of  work order by the TRA Branch/& (Mobile) branch concerned officer, failing which LD charges as per clause 24 will be levied from the contractor.
21. If the services are not rendered within 7 days of issue of order, the GMTD shall have the discretion to terminate the agreement and forfeit the security deposit,  after issue of show cause notice to the contractor.
22. The contractor shall carry out all items of services assigned or entrusted and to carry out the satisfaction of CAO/ SDE (Mobile)  or an officer acting on his behalf and shall abide by all instruction issued to them from time to time. The contraction shall always be bound to act with reasonable diligence and in a business like manner and to use such as they possess in the conduct of their activities.
23.	The contractor is required  to provide skilled/efficient workers for data feeding  having at least 1 year diploma in data feeding etc. from any recognized institution and having sufficient knowledge M.S office, UNIX, Oracle & Fox  Pro etc..

24.PENALTY CLAUSE:
24.1	If the contractor fails to render the services within the prescribed time as mentioned herein penalty at the following rates shall be imposed on him by the HAMIRPUR Telecom District. The following penalty shall be levied from the amount due to the contractor in the bill or bill or from security deposit/or from any other money payable to the contractor by the HAMIRPUR Telecom District:-                                                                                                                          		
             a)	The case of non-feeding of data, penalty @ Rs. 100-00 per terminal per day will be imposed. Data  has entries has to be made to the satisfaction of A.O.(Computer)/CAO/  AO (Mobile) concerned officers. In this case the BSNL have the right to get the work done by any third agency and such cost have to be born by the contractor in   addition to the penalty and probable loss suffered by the BSNL.
24.2	Quantum of the penalty imposed accessed by the BSNL shall be final and not challengeable by the contractor.
24.3	In the event of any breach by the contractor of any of the terms and conditions thereof or it the penalty of the recovery imposed against  exceeds the security deposit or if the work relating to agreement is delay more that 30 days without extension or if in the opinion of the CAT   the work is not being performed satisfactorily, DGM/GMTD will have the powers on recommendation of CAO   to adopt any of the following courses as suited to the HAMIRPUR Telecom District:-
i)	To terminate the contract forthwith and in that case the security deposit of the contractor shall stand forfeited to BSNL. 
ii)	To measure up the work of the contract and to take such part thereof remaining un-executed at the hands of the contractor and award the work to another contractor on the way to complete.
iii)	In case of execution of work  by another contractor,  expenses which may be incurred in excess of what would have been paid to the contractor, if the whole work had been properly executed by him (the amount of such excess, certified in writing by any of the officers mentioned shall be final and conclusive) shall be borne by the contractor and shall be deducted from any money due to him from the HAMIRPUR Telecom District under this contract or any other contract from the security deposit.
24.4. 	If the contractor fails to execute any item of work within the time schedule or refuses to carry out any work of refuses to follow the work priority for executing any specified work HAMIRPUR Telecom District reserves the rights to get the work done by other agencies even with higher rates & the difference of the cost will be recovered from the contractors pending bills or security deposit as the case may be.
24.5. 	In the event of any of the above course being adopted, the contractor shall have no claim for compensation for any loss sustained by him by reason of his having purchased or procured any  material or entered into any engagements or made any advance on account of or with a view to the execution of the work or the performance thereof.
24.6. 	In the event of any of the officers exercising the powers mentioned above, thereof he may, if he so desires take possession of all or any of the tools, plant materials and stores in or upon the works or the site thereof belonging to the contractor, or procured by him and intended to be used for the execution of the work or any part thereof paying or allowing for the same amount at contract rates or in cases of this not being applicable at current market rate to be certified by any of the said officers may, in the alternative, requests the contractor or his agent within  a time specified and in the event of the contractor failing to comply with this requisition remove them at the contractor expenses and sell them by public auction or private sale on account of the contractor and on his risk and responsibility and certificate of any of the said officer as to the expenses of any removal and the amount of the proceeds and expenses of such sale shall be final.

25. ARBITRATION
(i)	In the event of any question, dispute or difference arising under this agreement or in connection therewith excepts as to matter the decision of which is specifically provided under this agreement the same shall be referred to sole arbitration of the C.M.D. New Delhi   in case his designation is changed or his office is abolished then in such case  to the sole arbitration of the officer for the time being entrusted  whether in addition to the functions of the C.M.D.New Delhi, or by whatever designation such officers may  be called (hereinafter referred to as the said officer) and if the C.M.D. New Delhi or the said officer in unable or unwilling to act as such the sole arbitration or some other person appointed by the C.M.D.New Delhi or the said officer. The agreement to appoint an arbitrator will be in accordance with the arbitration and conciliation Act, 1996. There will be no, objection to any such appointment that the arbitrator is BSNL servant or that he has to deal with the matter to which the agreement relates or that  in the course of his duties as Government servant he has expressed views on all or any of the matter under dispute. The award of the arbitrator shall be final and binding on the parties. In the event of such arbitrator to whom the matter is originally referred , being transferred or vacating his office or being unable to act for any reasons what so ever such the C.M.D.New Delhi or the said officer shall appoint another person to act as arbitrator in accordance with terms of the agreement and the person so appointed shall be entitled to proceed from the stage at which it was left out by his predecessors.
(ii)	The venue of arbitration proceeding shall be the office of  General Manager, Telecom.Distt. HAMIRPUR or such other places as the arbitrator may decide.
26         Labour Welfare Measures:
26.1	The contractor shall obtain a valid labour license under the contractor labour (R&A) Act –1970 & the contractor labour (R&A) central rules 1971, before commencement of work & continue to have a valid license until completion of work. The contractor shall also abide by the provision of the child labour (Prohibition & regulation) Act, 1986. Any failure to fulfill the requiremtn shall attract the penal provision of this contract arising out the resulant non execution of work.
26.2	       Contractors Labour Regulations: The tenderer  is expected that he is   fully  aware with the labour laws.
26.2.1   Contractors will observe working hours, weekly, holiday & minimum wages in accordance with provision of minimum                                                          wages      (Central) rules, 1960 as amended from time to time, irrespective of whether such worker is governed by the  Minimum wages Act or not. 
26.2.2.	Contractor shall maintain a register of persons employed as work as contract in form XIII of Central labour (R&A) Central Rules 1971
26.2.3.	Contractors shall maintain register of wages, Accidents, fines , deductions for loss or damage, advances, overtimes, attendance in the form of Central Labour (R&A) Central Rules 1971 & preserve  all labour records.
27.           Provision of EPF & Misc. provision Act 1952  
The Contractor have to fulfill all the terms & conditions of the provisions of EPF & Misc. Provision Act.1952 & Employees Provident Fund scheme 1952 in respect of all labourers/employees engaged by the contractor for execution of  BSNL work 	

CHAPTER-IV

TECHNICAL SPECIFICATION
	The agreement shall be signed between GMTD HAMIRPUR  herein after called as BSNL, and the contractor, for TRC VOUCHER feeding  in HAMIRPUR  SSA, as per the terms and conditions given hereunder :-
01.0	SCOPE OF WORK :
    01.1	The agreement covers for the TRC feeding, in HAMIRPUR  Telecom Distt. The contractor shall maintain the TRC feeding in HAMIRPUR  Telecom Distt in order to ensure interruption free services.
  01.2	Contractor  shall provide skilled persons  for TRC feeding,. The  TRC feeding  will include feeding of all types of Demand Notes and TRCs.
 01.3	Period of support service availability for all seven days of week (10:00 AM to 05:30 PM  in TRA Office.)
                01.4      The contractor shall modify the existing data entry forms, if found required by the BSNL HAMIRPUR for any procedural change in the data entry and validation as per the recommendations of the HAMIRPUR Telecom. Distt. Without any extra cost during the period of contract.
01.          01.5    The decision of Officer Incharge of the  System shall be final on functional acceptability of the solutions of the problem reported.
01.0          01.6	The contractor shall interact with the nominated person (s) of BSNL HAMIRPUR during the period of contract and expertise to handle routine problem/work. The details of all work to be done  shall be communicated to the nominated person(s) with all details indicating the implication of such modifications/ alterations .
01.0         01.7	The BSNL reserve the right to shift any hardware within jurisdiction of HAMIRPUR Telecom. District, depending on its requirement. The contractor shall be responsible to provide support at the location of the system within the jurisdiction of HAMIRPUR Telecom. District. Under this contract.
01.0         01.8	Any major modification which involves structural changes due to policy changes of the BSNL H. Q. shall be examined case by case and contractor shall negotiate the terms and conditions for such modifications which BSNL structural changes in the Billing/accounting/data feeding  scheme at present conceived in the software due to policy change on the part of BSNL. 
01.0          01.9	The contractor shall make over to the BSNL the new addition of the documentation containing all modifications during the period of agreement. 
01

CHAPTER V
AGREEMENT
	An Agreement made this ___ day of _____ between _____________________________ (hereinafter called the contractor) which expression shall where the context to admits include his/their respective heirs exactors, administrative representative and assigns/its successors and assigns of the one part of the BHARAT SANCHAR NIGAM LTD. (hereinafter referred as to the BSNL) of the other part. Whereas the contractor has offered to enter into a contract with in the said BSNL for the data handling/feeding of eight terminals of server/PCs & independent PCs in HAMIRPUR SSA against NIT No. ____________________________ on the terms and conditions herein contained and the offer of Rs. _______ (in words Rupees _________) has accepted and whereas the contractor has deposited Rs. _____________ vide R.No. ________________  as part of Performance Security Deposit along with  Earnest Money Deposit  of Rs. ______________________ vide R.No. _________________ and whereas no interest will be claimed by contractor on these  Deposits. 
	Now these present witness and it is hereby agreed and declared by and between the parties to these present as follows :
1.0	The contractor shall during the period of this contract that is to say, from __________ to _____________, on until this contract shall be determined by such notice as his hereinafter mentioned, supply the articles , execution of the work and service providing  as per technical specification mentioned in chapter V described in schedule attached to this agreement which the BSNL or the General Manager Telecom HAMIRPUR or any person or persons authorized by the GMTD HAMIRPUR in the scheduled in likely to change as per actual requirement and demanded by the exigencies of services.
2.0	The contractor shall promptly supply the article preferred to above whenever called upon by the BSNL or by any the persons mentioned in clause (l) hereof and within the time as will be specified to him by the BSNL or any  of the persons mentioned in clause (l) hereof at the time of placing work order for each work. The time allowed for completing the work as entered in the purchase order/work order/order  strictly be adhered by the contractor and timely supply of work should be deemed to be essence of  the contract on the part of the contractor.
If the contractor fails to complete the work/services as given by the authorized officer within the time specified in the purchase order, penalty or recovery at the following rates shall be imposed including further necessary action by any one of the officers mentioned in clause 24.
2.0.1	A penalty will be recovered as per clause 24 of chapter IV for the work included in the work order shall be imposed for slow progress or improper work delaying the work for every week that the due quantity of work remains incomplete.
2.0.2	If the works remains incomplete ever after the penalty of 10% recovery has been imposed, action in liable to be prejudice to the action to be taken under this clause and any provision contained in any document referred in clause 6.0 of this agreement.
2.2	If the contractor shall desire an extension of time for completion of work on the ground of his having been unavoidable  hindered in its execution or any other ground he shall apply in writing to the concerned C.A.O. /A.O.(Computer)  within 10 days from the day of such hindrance on account of which he desired such extension as aforesaid and the CAO I/C/ Officer Incharge  shall in his opinion where exists reasonable ground may recommend to GMTD, HAMIRPUR for such extension of the time period . GMTD, HAMIRPUR may or may not grant such extension of time, if any as may be deemed necessary or proper by him. Decision of  GMTD, HAMIRPUR shall be final and binding on the contractor.
3.0	The contractor shall execute all the items of work mentioned in the order for each work in the most efficient and workman like manner both as regards materials and otherwise in every respect in strike accordance with the instructions given to him from time to time by the officers mentioned in clause I (iv) of chapter-IV hereof or any other office in charge supervising the works including in clause 6.0 of this agreement.
4.0	All work under or in course or execution of  executed in pursuance of the contract shall at all time be opened to acceptance testing an supervision of any of the said officers. The work done by the contractor shall not be covered up before acceptance and approval and measurement by such officer/officers aforesaid. If any defect in the date of completion thereof, the contractor forth with repair and remedy the same at his own cost in such a manner and within such time as may be directed by the said officer.
5.0	The contractor shall abide by the rules, terms and conditions and specification laid down in Tender Document , Conditions of contract and construction Specification etc. annexed to this agreement and such other rules and regulations as may be framed from time to time by the GMTD HAMIRPUR or his nominees.
6.0	The contractor shall not charge any extra amount for traveling or transport expenses, overtime allowance and charges for materials used by him and will not be entitled to get compensation for any damage or losses in the course of execution of work or for any extra payment i.e. charges for transport of materials and charges for labour that he will employee at his own cost  nor for idle labour and transport nor for loss or deterioration of materials.
7.0	The contractor will be solely responsible for any damage to BSNL on the part of the labours/employees  supplied by the contractor and decision of GMTD HAMIRPUR will be final and binding.
8.0	The contractor shall not , nor shall any part thereof or any interest therein be transferred by the contractor or any person or persons or company attempted to be so done without the previous consent in writing of the C.A.O., In charge being first hand and obtained. The contractor is heirs or legal representatives shall with the consent in writing of the General Manager Telecom HAMIRPUR have the right to continue to perform the duties or engagements of the contractor under the contract in case of his death. In the event of the contract with such consent as aforesaid transferring his business and in event of the contractor being a company and being wound up at any time during period of this contract for the purpose and with the object of transferring the business to any person/persons of a company, the contractor shall make it one of the terms and stipulations for the contract  for  transfer of his properties and business to such other person or persons or company the Contractor shall make it one of the terms and stipulation for the contract for transfer of property and business to such other person or persons or company shall be bound to the  C.A.O In charge to perform the duties of engagement of the contractors under his contract and be subject to his liabilities there under.
9.0	The contractor hereby covenants and declares that no body connected with or in the employment of Bharat Sanchar Nigam Ltd. is nor shall any person over be admitted as a partner in the contract.
10.0	In every case in which by virtue of the provisions of the workman compensation act the BSNL is obliged to pay compensation to a workman employed by the contractor in execution of work the BSNL of India will be entitled to recover from the contractor the amount of the compensation paid. The BSNL shall not be bound to content any claim against it under the act except on the written request of the contractor and upon his giving to BSNL full security for all costs for which the BSNL might become liable in consequence to contesting such claim.
11.0	The contractor shall indemnify  the BSNL against all other damage, costs, charges and expenses for which the BSNL may be held liable or incur or pay an account of the negligence of the contractor or his servants of any of them and any person under his control whether in respect of injury the person or damages to the property or any member of the public or any other concerns or in executing the work or otherwise and against all claims and demands in respect thereof.
12.0	The said Performance security deposited by the contractor shall be retained by the BSNL as Performance security for the due and faithful performance by the contractor of each and all convenants herein contained and on his part to be observed or performed with full power  to the said GMTD HAMIRPUR or DGM  I/C for and on behalf of the BSNL, in case the contractor shall fail to perform satisfactory fulfill, keep and observe all or any of the convenants, conditions for agreement on his part herein contained them unless the same is forfeited to retained the whole or any part of the same and to appropriate the same or any part thereof to use of BSNL absolutely as and by way of liquidated damages or penalty and that without reference to the relative importance of              the particular breach or breaches of contract which shall have given occasion for such appropriation and whether BSNL may have sustained ascertainable pecuniary damages by such breach or breaches as aforesaid or not. In case of such appropriation to retention of whole or part of said security the contractor shall forth with deposit further security for full amount or any amount sufficient to make up the deficit as the case may be .
13.0	The said security or as such thereof as may not have been appropriated to the use of BSNL hereof will be repaid or return to the contractor after the completion of the contract and submission of “NO DEMAND” Certificate by the contractor hereafter. The BSNL may with hold such payment at least  for  six  months from the date of receipts of “NO Demand” Certificate from the contractor.
14.0	The BSNL will pay to the contractor for the work with the contractor is called upon by the BSNL  or any of his offices mentioned in the clause (I) hereof and which is satisfactory completed at the rates mentioned in the schedule. For this purpose the contractor should submit to the C.A.O. his bill for the work covered by that order that have been satisfactory completed by him. The bill will become payable usually within a month or so of the date of its submission.
14.1	The bill will be submitted in triplicate, all copies being signed by the contractor. The copies may be marked “Original” and “Duplicate” respectively.
14.2	Details of the work done/services provided as well as the stipulated rates are given in the bill/s..
14.3	The dates of  commencement and completion of the work are mentioned in the  bill/s.
14.4	The number and date of the contractor order are mentioned.
15.1	To rescind contract forthwith and in such case the performance Security Deposit of the contractor shall forfeited to the BSNL.

15.2	To measure up the work of the contractor and to take such part thereof as shall be unexecuted out of his hand give it to another contractor to complete and in case of defects deserved subsequently to have the defects repaired and removed by another contractor or get the work completed BSNL. In both case any expenses which may be incurred in excess of the amount which could have been paid to the contractor if the whole and been properly executed by him (of amount of such excess the certificate in writing of any of officer mentioned in clause (I) hereof shall be final and conclusive) shall be borne and paid by the contractor and may be deducted from any money due to him by the BSNL under this contract or otherwise, or from the security deposits or sufficient part thereof or otherwise recovered from him in both cases if the expenses incurred by the BSNL are less than the amount payable to the contractor.
16.0	BSNL shall also be entitled to terminate this contract without assigning any reasons by giving to the contractor one calendar months notices of its intention to do so and on expiry of the said period of notice the contract shall come to an end without prejudice to any right or remedy that may be accrued to either party by reason to any antecedent breach of any terms thereof. Such notice may be signed on behalf of BSNL.
17.0	In the event of any of the courses mentioned clause (16)or (17) being adopted the contractor shall have no claim for compensation for any loss sustained by him reasons of his having purchases of  procured any material or entered into any engagement or made advance on account of or with a view to the execution of the work or the performance thereof.
18.0	In the event any of the said officer exercising the powers mentioned in clause 16(b) thereof he may, if he so desires  take possession of all or any  of the tools, plant materials and stores in or upon the work or the site thereof belonging to the contractor or procured by him and intended to be used for execution of the work of any part thereof paying on allowing for the same any amount at contract rate or in case of  this not been applicable at current market rate to be satisfied by any of the said officers who certificates  thereof shall be final. Any of the said officer may in the alternative request the contractor or his  agent and servant or remove such tools, plants, materials or store within a time.
19.0	If the contractor shall die before the expiry of this contract the BSNL or any of the officers mentioned in clause (I) hereof may at his option either immediately determine this contract one require the heirs of local representative of the contractor to carry out the same or such period not exceeding three calendar month as BSNL and the said officer may require.
20.0	Any notice require to be given under these presents may be given either personally to the contractor under acknowledgement or by posting letter addressed to the contractor at the side address and shall be deemed to be served at the time of such delivery or at the time of living the same with the contractor or in the case of posting at the time when the letter would have reached the contractor in the ordinary courses of post.
21.0	The General Manager Telecom. HAMIRPUR shall be at liberty by notice in writing to the contractor to rescind the contract in any and every of the following cases (stated in sub-para 21.1 to 21.10 ) and the contractor shall thereupon pay to the GMTD HAMIRPUR in addition to any sum or sums of money which the contractor may be liable to pay under the provisions herein before stated such as the GMTD HAMIRPUR may decide to be reasonable compensation for the loss on inconvenience caused. The amount of the sum for such reach on the part of the contractor will be fixed by the GMTD Hamirpur(HP) and shall be final and conclusive against the contractor.
21.1	If any fraud, or fraudulent motive is detected in the contractor action with the BSNL and / or .
21.2	If the contractor demands under charges not stipulated in this contract and / or, 
21.3	If any person connected with the BSNL or any official drawing salary from the BSNL becomes in any way interested in this contract and /or
21.4	If the contractor himself or any of his servants be guilty or fraud attempted fraud in connection with the contract officers and bribe or gratuity to any person connected with the BSNL of the BSNL or to any official drawing salary from the BSNL and or 
21.5	Contractor will not employ any outside agent or sublets the contract or any right to payment there under without the consent in writing of GMTD HAMIRPUR.
21.6	If in the event of any deduction being made from the contractor’s security deposit the contractor fails to make good the amount of such deduction within the time herein before specified and /or 
21.7	If the contractor becomes insolvent or applies for relief as insolvent debtor and/or in case the contractor is a company and it is bound up or in case the contractor is a partnership firm when it is dissolved or reconstituted and / or
21.8	If the contractor makes default in or fails to comply with any of the terms and conditions set forth in this contract and/or 
21.9	If the contractor’s work is found unsatisfactory in the opinion of the General Manager Telecom. HAMIRPUR.
21.10	All disputes, differences and question arising out of or incidental to this agreement or in any way touching or concerning this agreement or the subject matter thereof or the respective rights, duties or liabilities or the parties under or in respect of this agreement( except provided for) shall be referred to the sole arbitration of C.M.D. New Delhi or any person nominated by him or in case his designation is changed or his office is abolished, to the sole arbitration of any person appointed by the office who for the time being is entrusted whether or not in addition to other function with the function of C.M.D. New Delhi by what so ever designation such officers may be called therein after as “the said officer”. There shall be no objection to such any appointment that the person appointed is a BSNL servant, if however he will not be one who had an opportunity to deal with the matter to which this agreement relates or that in the course of his duties as  such BSNL servant he has expressed view on all or any of the matter in dispute or difference. The arbitrator, while acting as such arbitrator shall not be bound to take any oral or documentary evidence and shall be a liberty to take such evidence as he may in his absolute discretion thing proper and that he will at liberty to proceed with the matter and here parties in the absence of any of sum of them or their legal and/or technical advisors without being liable for misconduct within the remaining of the provisions of Sec. 30 of the Indian Arbitration Act in this behalf. In the vent of such arbitrator to whom the matter is originally referred being transferred to vacating his office or being any reasons, the said officer shall appoint in other person to act as arbitrator in accordance with the terms of agreement, such persons shall be entitled to proceed with the reference from stage at which it was left by him predecessors.
22	Subject to aforesaid, the Indian Arbitration Act, 1940 and the rules there under and any modifications thereof for the time being is force shall be deemed to apply to the arbitration proceeding under this clause.
23	Upon every and any reference as aforesaid the assessment of cost incidental to the reference and award respectively shall be in the sole discretion of the sole arbitrator. The venue of the arbitration proceeding will be the premises of General Manager Telecom HAMIRPUR or such other place as the sole arbitrator may decide. IN WITNESS WHERE of, the parties presents have here in to set their respective hands and seals the day and year first above written
24             Labour Welfare Measures:
24.1       The contractor shall obtain a valid labour license under the contractor labour (R&A) Act –1970 & the contractor labour (R&A) central rules 1971, before commencement of work & continue to have a valid license until completion of work. The contractor shall also abide by the provision of the child labour (Prohibition & regulation) Act, 1986. Any failure to fulfill the requirement shall attract the penal provision of this contract arising out the resultant non execution of work.
24.2       Contractors Labour Regulations:
24.2.1     Contractors will observe working hours, weekly, holiday & minimum wages in accordance with provision of minimum wages      (Central) rules, 1960 as amended from time to time, irrespective of whether such worker is governed by the Minimum wages Act or not. 
24.2.2	 Contractor shall maintain a register of persons employed as work as contract in form XIII of Central labour (R&A) Central Rules 1971
24.2.3	Contractors shall maintain register of wages, Accidents, fines , deductions for loss or damage, advances, overtimes, attendance in the form of Central Labour (R&A) Central Rules 1971 & preserve  all labour records.
25         Provision of EPF & Misc. provision Act 1952  
The Contractor have to fulfill all the terms & conditions of the provisions of EPF & Misc. Provision Act.1952 & Employees Provident Fund scheme 1952 in respect of all  labours/employees engaged by the contractor for execution of  BSNL work .  A declaration from the contractor that he/she has complies with all the terms & conditions of EPF Act-1952.                                                                                                                        All the terms & conditions of tender document  including NIT are the part of this agreement.          

WITNESS:							Signed ,sealed & delivered
1.								by above named contractor 
								
2. 								Signed & delivered  on 
									behalf of  BSNL by.

                 Chapter. VI

LETTER OF AUTHORISATION FOR ATTENDING BID OPENING

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			Specimen Signatures
---------------------------------------------------------------
i)
ii)

Alternate 
Representative

								Signature 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 case 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.

             Chapter  VII
( To be submitted separately in Financial Bid Envelope)
                                               FINANCIAL BID
1.	NIT No. :TR/COMP/TRC-FEEDING/TENDER/HMR/ 2015-16                                Dated  Mar/           /2016                                                                                 
2.	Name of work: TRC Feeding in r/o Landline, WLL ,Wimax & Mobile in TRA Branch O/o GMTD Hamirpur H.P
3.	Name of  the contractor________________________________________
Schedule of Rate for TRC  feeding  Work.

 FINANCIAL BID FOR TRC FEEDING WORK  OF LAND LINE,WLL,MOBILE IN TRA BRANCH
 
Sl. No	Name of work	Tentative Quantum of work  for ONE YEAR.	Rates Per  Voucher
 (Rs.)	
			Figure	Words	
1.

	TRC Feeding in Computer Section of Landline, WLL,WIMAX & Mobile 	 
1,08,000 TRC VOUCHERS	 		

Note:-Quantum of work mentioned above can be increased or decreased by 25%. However the payment will be made on actual basis.

DECLARATION.
I/We agrees to execute the TRC feeding  work in HAMIRPUR SSA at  the schedule of rate mentioned above including all type of  taxes, duties and charges except service tax as applicable from time to time

Signature of Tenderer 
							                                                                    Capacity in which signing