7. DOCUMENTS TO BE SUBMITTED BEFORE ENTERING INTO AGREEMENT : i. The Successful Tenderer within a weeks time should deposit Rs. 10,000/- as the Security Deposit for the fulfillment of the contract and sign an agreement on non judicial stamp paper of Rs. 50/on submission of which necessary work order will be issued by the Divisional Engineer. If the successful Tenderers fail to submit the security deposit with in a week of finalization of the tender, then his EMD amount will be forfeited. ii. Any other supporting document as required by the Divisional Engineer, which is necessary to reinforce any of the claims / documents should be submitted by the Tenderer. 8. DOCUMENTS TO BE SUBMITTED BEFORE COMMENCEMENT OF WORK : The list of qualified and experienced personnel on the regular pay rolls including supervisory staff who will be deployed on the job. 9. EARNEST MONEY DEPOSIT : i. EMD of Rs. 15,230/- (Rupees Fifteen Thousand, Two Hundred, Thirty only) for Providing hiring services of temporary nature in Western Telecom Sub Region, Rajkot (Gujarat) in the form of crossed Demand Drafts drawn in favour of
Account Officer, O/o. Dy. GM Maintenance, WTR, BSNL, Rajkot (Gujarat) Should be accompany the Tender. ii. Earnest Money Deposit in cash or in any other form, other than as mentioned above will not be accepted. The date of issue of the Bidders Pay Order/ Demand Draft so deposited shall be a date on or after the date of issue of this tender notification. iii. Tender shall accompany an Earnest Money Deposit which is not transferable. Tender without prescribed EMD will be summarily rejected. The EMD will not bear any interest for any period whatsoever. iv. The EMD of all the Tenderers, except that of FIRST, SECOND & THIRD LOWEST TENDERERS, will be returned after finalization of tenders. v. If the Tenderer fails to execute agreement within the period specified on his being called upon to do so, the EMD will be forfeited as mentioned in the relevant Clause, contained in this Section of the Tender Document.
10. SECURITY DEPOSIT : The Successful Tenderer within a weeks time should deposit Rs. 10,000/- as the Security Deposit for the fulfillment of the contract and sign an agreement on non-judicial stamp paper of Rs. 50/- with the concerned Divisional Engineer on submission of which necessary work order will be issued by the Divisional Engineer. If the successful Tenderer fails to submit the security deposit with in a week of finalization of the tender then his EMD amount will be forfeited. 11. PARTNER OF THE REGISTERED AGENCY : No one presently in the employment of the Bharat Sanchar Nigam Limited or having interest in this Tender work should ever by employ or admitted as partner by the Registered Agency. 12. RIGHTS OF BSNL : i. Tenders awarded to the Tenderers will remain valid for acceptance for a period of One Year from the date of awarding of the Tender. The BSNL reserves the right to extend the period of One Year after the expiry of the present period or till such time of finalizing the next tender whichever is earlier. ii. In the event of the Registered Agency failing to observe to perform any of the conditions of the work as set out therein, the Security Deposit furnished by him shall be forfeited to the BSNL without prejudice to any other rights of the BSNL. 13. TENDER SCHEDULE : i. The Tender schedule is to be read in conjunction with the instructions and guidelines to Tenderers, conditions of service agreement and other tender documents and the Tenderer/ Registered Agency shall be deemed to have carefully examined all these documents. The Specifications for the entire work are to be read together and not in isolation. ii. It is further understood and agreed that the Registered Agency, by careful examination, satisfied himself/itself as to the nature and location of the work, the character of the equipment and facilities needed preliminary to the work, the general and local conditions, the Labour conditions prevailing thereof, detailed description of the work to be done and the way in which they are to be carried out within the time schedule and all other matters which can in any way affect the works under the contract before giving his tender rates. iii. The quantities/ figures indicated by the BSNL in the Tender schedule are approximate and are subject to change. Any change effect shall be binding on the Tenderer as though included in the original tender schedule and any such change will not make the agreement void. It is thereof essential that the Tenderer examines all the documents carefully and not commit any mistake in analyzing the rates quotes and remains binding not withstanding any changes as aforesaid. No revision of tendered rates shall be considered on any ground whatsoever.

14. FINANCIAL BID : i. The bidder will quote the rate only in Indian rupees in English both in figures as well as in words, in Section-V enclosed, and not in any other form. The rates quoted in words will have precedence over the rates quoted in figures. If the rates are not quoted in words, the tender is liable to be rejected. The composite price should include all the type of Taxes, including Service Tax etc., as applicable from time to time. However, the basic unit price needs to be individually indicated against the supply under the contract. The price quoted by the bidder shall remain fixed during entire period of Contract & shall not be subject to variation on any account. A Bid submitted with an adjustable price quotation will be treated as non-responsive and rejected, Discount or extra charges, if any, mentioned by the bidder shall not be considered unless these are specifically indicated in the price schedule. ii. In the case of illiterate agencies, witness should attest the rates tendered by agencies. The rates quoted in words will be corrected basic and not the rates shown in figure in case these two rates do not tally. iii. Tenderer should sign with date, all corrections, additions and alterations in the entries in the Tender Paper in full. No errors, over-writing shall be permissible unless attested under the signature of the Tenderer with date. iv. The Tender shall contain the name, residential address and places of business of person/persons making the tender and shall be signed by the Tenderer with the usual signature. A post box number given merely as an address shall not be entertained. v. Partnership Firms shall furnish the full names and addresses of al the partners signed by a duly authorized representative followed by the name and designation of the person signing. In case authorized representative signs it, a duly certified copy of the Power of Attorney on the behalf shall accompany the tender. In case of the Partnership Firm, attested true copy of the Partnership Deed and NOC from partners must be submitted along with the Tender. vi. All pages of all sections of the tender documents shall be signed wherever required in the Tender papers or a person holding Power of Attorney authorizing him to sign on behalf of the Tenderer, before submission of the Tender. All signatures in the Tender documents should be dated. 15. OPENING OF TENDERS : i. The Tender will be opened on the date and time as specified in the Tender Document, by the Divisional Engineer or the Officers authorized by him in the presence of the available Tenderers. The number of representatives allowed to be present at the venue of the tender opening shall be restricted to ONE per Tenderer. ii. If the date of opening of the tender specified in the Tender Document happens to be a holiday due to any reason the tender will be opened on the immediate succeeding working day at the same time as specified in the Tender Document without any more Notices. However the BSNL reserves the right to change the venue and / or date and /or time of the Tender opening, within or outside the jurisdiction of the Divisional Engineer who invited the tender, if found necessary.

16. REJECTION OF TENDERS : The Dy. General Manager, WTR inviting Tenders shall reserve the right to reject any or all the Tenders, under the following conditions: i. ii. Any tender not supported by the requisite EMD in the manner provided therein. Any tender, deficient or incomplete in any or the requisite matters, particulars or formalities or documents or for any other reason which shall not be disclosed to the Tenderer. Any or all the tenders received may be rejected without assigning any reason thereof and BSNL will not be bound to accept the lowest tender. Any tender/offer with changes/alternations in the terms or conditions or instructions or specifications or time schedule other than contained in the tender document.
17. VALIDITY PERIOD FOR ACCEPTANCE OF TENDER : Tender submitted by the Tenderer will remain valid for acceptance for a period of Three Months from the date of opening of the Tender. The Tenderers shall not be entitled during this period of three months to revoke or cancel his tender or to vary the tender submitted or in terms thereof. The Divisional Engineer shall communicate the acceptance of tender to the Successful Tenderer. 18. SIGNING OF THE SERVICE AGREEMENT : i. The successful Tenderer after depositing the required Security Deposit as demanded by the Divisional Engineer, shall be required to execute an agreement on a non-judicial stamp paper of value Rs. 50/- (Rupees Fifty only) at his own cost and in the form annexed hitherto to the effect that the Tenderer and Divisional Engineer are bound by terms and conditions in the Agreement, which in turn will be the same terms, and conditions as specified in the tender document. ii. In the event of failure of the Tenderer to sign the agreement within 07 days of being called upon to do so after the acceptance of the Tender or in the event of his failure to initiate / carry out the work as stipulated, the amount of EMD and initial Security Deposit shall stand forfeiture to the BSNL and the acceptance of the Tender shall be treated as cancelled. The Tenderer may be debarred from participating in similar tenders called for by the Divisional Engineer for a period of One year from the date of issue of the order of cancellation. 19. PERIOD OF VALIDITY OF TENDERS : Tenders awarded to the Tenderers will remain valid for acceptance for a period of One Year from the date of awarding of the Tender and may be extended for a further period of ONE YEAR.

vi) Has to produce paid copy of previous EPF, ESI details of the previous month with current month bill.
21. SERVING OF NOTICE : Any Notice, order or other communication sought to be served on the Tenderer with reference to the service shall be deemed to have been served if delivered by hand or sent by registered post to the office or Head-Office of the Tenderer, while any notice or order or communication by the Tenderer to be served on Dy. General Manager, WTR, Rajkot with reference to the agreements shall be valid, if delivered the same by the hand under acknowledgement or through registered post to the office of Divisional Engineer at his head quarters.

SECTION III

CONDITIONS OF AWARD OF SERVICE AGREEMENT 1. DEFINATIONS : i) The Service Agreement / contract means the documents forming the Tender and acceptance thereof and the formal agreement executed between the OFFICER-IN-CHARGE for and on behalf of the BHARAT SANCHAR NIGAM LIMITED and the AWARDEE AGENCY together with the documents referred to therein, including the conditions of contract, the specifications, designs, drawings and instructions issued from time to time by the Office-incharge and all those documents taken together shall be deemed to form on Service Agreement and shall be complimentary to one another. ii) In the Service Agreement, the following expressions shall unless where the contexts otherwise required have the meaning, hereby respectively assign to them. a) The expressions WORKS or WORK shall unless there be something either in the subject or context repugnant to such construction, be construed and taken to mean the other works by or by virtue of the Service Agreement to be executed whether temporary or permanent and whether original, altered, substituted or additional. b) The Registered Agency / Tenderer / Service Agent shall mean the individual for firm or company whether incorporated or not, undertaking the works and shall include the legal personnel, representative or such individual or the persons comprising such firm or company or the successor of such firm or company and the permitted assignees or such individual or firms or company. iii) The BSNL means BHARAT SANCHAR NIGAM LIMITED. A Public sector company under the Ministry of Communication, Government of India and all its officers. iv) The OFFICER-IN-CHARGE means the Divisional Engineer who shall supervise and shall be in-charge of the work at any time or who shall sign the Agreement on behalf of BSNL. v) The Corporation means Bharat Sanchar Nigam Limited. 2. PERIOD OF VALIDITY OF QUOTATION : Clause I : The rates quoted should be firm and valid for any work order that may be issued within a period of one year and subsequent ONE YEAR extendable from the date of entering into the agreement until completion of works assigned under each work order. The work order will be issued month wise generally and the same will be issued in the last week of the preceding month. The work may vary from month to month and the same will be mentioned in the work order issued for each month. Any additional services under the jurisdiction of the concerned Divisional Engineer should be carried out by the approved agency at the same rate and terms and conditions. 3. PRICE VARIATION : The BSNL shall not be responsible for any escalation in cost of Labour or materials, machinery, equipment etc. whatsoever or any increase in any duties, levies or taxes in respect thereof whatsoever and the service agency rates during the period of validity and service agents obligation shall remain unaffected by such escalation. 16 Signature of the Tenderer with Seal

4. GUARANTEES : In addition to any and all other guarantees and warranty mentioned in the contract document, the registered agency should guarantee that the entire work will be done in a satisfactory manner and free from any defect in the workmanship and finish and in conformity in all respects with specifications and directions. The registered agency also should undertake to repair or replace as the case may be at his own cost and risk any part of work which may be damaged or that may develop any defects due to bad workmanship or otherwise due to fault of the registered agency within a period of one month after the written final acceptance of the works by the Corporation. 5. METHOD AND MANNER OF PERFORMANCE : The registered agency shall be independent one and shall be in complete charge or the men and material engaged in performance of the works to be performed hereunder and shall perform the works in accordance with his own methods and at his own risk, subject to compliance with the Tender Documents. i) The registered agency shall throughout the stipulated period of the agreement executed the works in the best and most substantial workman like manner and strictly in accordance with the contract documents or such other additional particulars and instructions as may be found requisite to be given during carrying out the works, enforce order amongst his employees, shall not employ on the works any unfit person or any person not capable or not properly qualified to perform the works assigned to him. The registered agency shall also not employ in respect of the works or discontinue employing in respect of the works any employee that the Divisional Engineer / Officer-in-charge may for any reason object to. 6. NOTIFICATION BY THE SERVICE AGENT : The service agent shall be in writing to the proper person or authority with a copy to the officer-in-charge such notification as may be mandatory or necessary in connection with the commencement, suspension, resumption, performance and / or completion of the service agents work. All notices shall be given sufficient in advance of the proposed operation to permit proper co-relation of activities and the service agent shall keep all proper persons or authorities involved regularly advised of the progress of operations throughout the performance of the work together with such other information and / or supporting figures and data as may from time to time as directed or required. 7. INSURANCE : Without limiting any of his other obligations or liabilities, the registered agency shall, at his own expenses take and keep comprehensive insurance including third party risk for the plant, machinery materials etc. brought to the site and for all the works during the execution and also for attendant. The registered agency shall arrange for workmens Compensation Insurance as required by Law and undertake to indemnify and keep indemnified the BSNL from against all manner of claims and demands and losses and damages and cost (including between Attorney and Client) and charges and expenses that may be in regard to the same or that the BSNL may suffer or incur with respect to and / or incidental to the same. The registered agency shall have to furnish the Divisional Engineer the originals / attested copies of the polices of the Insurance taken within 15 days of the being called upon to do so together with all premium receipts and other papers related thereof which the Divisional Engineer / officer-in-charge may require. 8. LABOUR WELFARE : In every case in which by virtue of the provision of the contract Labour (Registration and abolition) Act 1970 and of the Contract Labour (Regulation and abolition) Central rules 1971 Govt. is obliged to pay any amount of the wages to a workman employed by the Agency in execution of the works or to incur any expenditure in providing welfare and health amenities required to be provided under the above said act and rules under clause 19 to 19 J and PWD-8, or 17 Signature of the Tenderer with Seal

H. PAYMENT OF MINIMUM RATES OF WAGES 1. Wherein respect of any scheduled employment a notification under section-5 is in force, the employer shall pay every employee engaged in a scheduled employment under him wages at a rate not less than minimum rates of wages fixed by such notification for the class of employees in that employment without any deductions except as may be authorized within such time and subject to such conditions as may be prescribed. 2. The rates of wages payable to the workmen by the contractors shall not be less than the rates prescribed under the minimum wages Act 1948 (11 of 1948) for such employment where applicable and where the rates have been fixed by agreement settlement or award, not less than the rates so fixed. 3. Wages shall be paid without any deduction of any kind except those specified by the Central Government, by general or special order in this behalf permissible under the payment of wages Act 1936 (4 of 1936) at the rates prescribed for the place of service provided. 4. The rates of wages payable and classification of cities into areas should be fixed in accordance with the Government of India/Ministry of Labour or the modifications thereof any other laws relating there to and the rules made there under from time to time. 5. The contractor shall fix wage period in respect of which wages shall be payable. OTHER LABOUR WELFARE MEASURES (1) The Awardee Agency shall implement the Labour welfare enunciated in clause 19C, 19D, 19E, 19H, 19L of the conditions contract in PWD-8. (2) The agency shall also follow the safety method stated in the CPWD Safety Code. (3) The agency shall comply with all the provisions of Minimum Wages Act 1948, Central Labour (R&A) Act and rules framed and other Labour Laws affecting Labour that may be brought into force from time to time. (4) The awarded work shall not be assigned or sub-let without written approval of the Engineer-in-charge and if the agency shall assign or sub-let his awarded work, or so to do, or become insolvent or commence any proceedings or make any composition with his credits attempt so to do, or if any bribe, gratuity, gift, prerequisite reward or advantage pecuniary or otherwise shall either directly or indirectly be given, promised or offered by the agency or any of his servants or agent to any public officer or person in the employ of BSNL in any way relating to his officer or employment or if any such officer or person shall become in any way directly or indirectly interested in the agreement, the Engineer-in-charge on behalf of the BSNL shall have power of adopt any of the courses as he may deem best suited in the interest of the Department. (5) All sums payable by way of compensation under any of these conditions shall be considered as reasonable compensation to be applied to the use of BSNL without reference to the actual loss or damage sustained and whether or not any damages have been sustained. (6) CONTRIBUTION TOWARDS EPF :Employers share of EPF should not be deducted from the employees minimum wages.

9. SUB-LETTING : i) ii) The Registered Agency shall not assign, sub-let or subject the whole or any part of the works covered by the Service Agreement or any benefit thereof. The Registered Agency shall indemnify and save harmless the corporation from/and against all actions, suits, proceedings, losses, costs, damages, charges, claims and demands whatsoever, either in law or in equity and all costs (inclusive between Attorney and Client) and charges and expenses that the BSNL may sustain, suffer or incur arising from / or out of the incidental (in connection with any act(s) or commissions) to the Registered Agency, his agents, employees, assignees.
10. REPRESENTATION OF THE CORPORATION : The Divisional Engineer who will be in-charge of the works shall represent the Corporation. The BSNL representative in work-site shall be the Officer-in-charge or such other representative as the Divisional Engineer may from time to time inspect the work and materials of the agency. Notice given in writing by the Officer-in-charge or the Divisional Engineer shall be deemed to be the notice given by the BSNL to the awardees/ his agency. The Officer-in-charge and such other representatives as the Divisional Engineer may designate in writing shall be deemed to be authorized to represent the BSNL in respect of the work or any designated section of the work and any decision, agreement or instructions in writing by the corporations representatives, as aforesaid, which is within his powers, shall be binding on the agency. 11. REPRESENTATIVE OF THE EXECUTING AGENCY / AWARDEE : The Awardees/ Executing agency shall furnish to the BSNL the scheme of his intended organization for the contracted work, naming his Superintendent. The Agency shall have on such site a superintendent being authorized to represent the agency on his designated section work, to which the representative can make known decisions, authorizations and interpretations. The Awardee shall, within 10 days after the execution of the agreement, notify the BSNL, the name(s) and address(es) of the Superintendent along with the specimen signatures in terms of the work allocations. Any change in the name and address of any superintendent notified as aforesaid shall be promptly intimated in writing to the BSNL. The notices given in writing to the Superintendents shall be deemed to be notices given to the Awardee / agency. The Officer-in-charge may require the Awardee / Agency to dismiss or remove from the site of the work any person or persons in the Awardee/Agencys employment in connection with the work, who may be incompetent or misconduct himself and the Awardee / Agency, shall forthwith comply with such requirements. 12. INTERPRETATION OF THE SERVICE AGREEMENT DOCUMENTS : The Divisional Engineer and the agencies shall, as far as possible, in mutual consultation, try and decided upon the meaning and intent of the service agreement before submitting the tender document. In case of disagreement, the dispute will be referred to the sole arbitrator as provided in the service agreement. It shall be the agencys responsibility to thoroughly familiarize all of his supervisory personnel with the contents of all the service agreement documents. 13. SECURITY DEPOSIT : i. The Service agent shall deposit a sum of Rs. 10,000/- at the time of executing the service agreement.

18. PROTECHTION OF LIFE AND PROPERTY AND EXISTING FACILITIES : i. The agency is fully responsible for taking all possible safety precautions during preparation for and actual performance of works. The agency should protect all life and property from damage or loss resulting from his operations and shall minimize the disturbance and inconvenience to the public. ii. The agency shall be solely responsible for locating through approved non destructive means and ensuring the safety for all existing underground pipe lines, electrical cables and /or other structures in the field of operations. iii. The agency shall be solely liable for all expenses for and in respect of repairs and / or damages occasioned by injury of / or damage to such underground and above structures or other properties and undertake to indemnify and keep indemnified the BSNL from and against all actions, cause of actions, damages claims and demands what-so-ever, either in Law or in equity and all losses and damages and costs (inclusive between attorney and client) charges and expenses in connection there with and / or incidental thereto. The agency shall take all responsibility and risks in crossing other pipe lines and cables and shall be responsible for protecting all such existing pipe lines, poles, electric lines, sewers, cables or other facilities form damage by the Agencys operations in connection with the work. Any damage incurred shall be promptly repaired by the agency without cost of the Corporation. 19. INDEMNITIES : i. The Agency shall at all times hold the BSNL harmless and indemnify from against all actions suits, proceedings, works, cost, damages, charges, claims and demands of every nature and description brought or procured against the BSNL, its officers and employees forthwith upon demand and without protest or demur to pass to the BSNL any and all losses and damages and costs (inclusive between Attorney and Client) and all cost incurred in endorsing this or any other indemnify or security which the BSNL may now or at any time have relative to the work or the agencys obligations or in protecting or endorsing its right in any suit or other legal proceedings, charges and expenses and liabilities resulting from or incidental or in connection with the injury or disablement to or death of any person(s), including employees of the Agency or damage to properties resulting from or arising out of or incidental to the operations cause by the agreed works. ii. In addition the agency shall reimburse to the BSNL or pay to the BSNL forthwith, on demand, without protest or demur all costs, charges and expenses and losses and demands and actions which may be brought against the BSNL arising out of or incidental to or in connection with the operation covered by the Service agreement. iii. The Agency shall, at his own cost, at the BSNLs request, defend any suit or other proceedings asserting claim covered by this indemnify but shall not settle, compound or compromise such suit or other findings without consulting the BSNL. 20. COMPLIANCE WITH LAWS AND REGULATIONS : i. During the performance of the Agency shall at his own cost and initiative fully comply with all applicable laws of the land and with any and all applicable By-laws, Rules, Regulations and orders an any other provisions having the force of law made or promulgated or deemed to be made or promulgated by the Government, Government-agency or Department Municipal Board Government or other regulatory or Authorized body or persons and shall provide all certificates of compliance therewith as may be required by such applicable Law, By-Laws, Rules, Regulations orders and / or provisions. The agency shall assume full responsibility for the payment of all contributions and pay roll taxes as to its employees, servants or agents engaged in 22 Signature of the Tenderer with Seal

by the agency. If the prior approval as aforesaid is not obtained, the agreement shall deemed to have been assigned in contravention of clause 6 hereof and the same action may be taken and same consequences shall ensure as provided in the said clause 6. ii. All works to be executed under the agreement shall be executed under the direction and subject to the approval in all respects of the Officer-in-charge who shall be entitled to direct at what point or points and in what manner they are to be commenced and from time to time carried on. iii. Whenever any claim, against the agency for the payment of sum or money arising out of or under the agreement. BSNL shall be entitled to recover such sum by appropriation in part or in whole, the Security Deposit of the agency and to sell to the Govt. promissory notes etc., forming the whole or part of such security. In the event of security being insufficient or if no security has been taken from the agency, then the balance or the total sum recoverable as the case may be, shall be deducted from any sum then due or which at any time thereafter may become due to the agency under this or any agreement with BSNL should this sum be not sufficient to cover the full amount recoverable, the registered agency shall pay to the BSNL on demand the balance remaining due. 24. PAYMENT : i. The Agency shall submit bill to the corporation representative on or after the first day of every month for the work executed during preceding month. Payments will be made to the agency against the bills normally within 30 days of receipt of the bills duly verified and certified subject to deduction if any, as per the Service Agreement clauses. ii. Service Tax as per the applicable rate shall be claimed by the Agency in the bill. The proof of payment of Service Tax of the previous month / quarter has to be submitted along with the bill of the current month. iii. Every claim bill submitted by the contractor must accompany the following documents (1) (2) (3) (4) List showing the details of Labourers / Employees engaged. Duration of their engagement. The amount of wages paid to such Labourers/ Employees for the duration in question. Amount of ESI & EPF contributions (both employers & employees contribution) for the duration of engagement in question, paid to the ESI & EPF Authorities. (5) Copies of authenticated documents of payments of such contribution to EPF authorities. (6) A declaration from the contractors regarding compliance of the conditions of EPF Act 1952 and ESI Act 1948, and (7) Copy of Service Tax paid challan for the previous month / quarter as the case may be. The bill will be passed by the bill passing authority only if the contractor complies with the term & conditions of EPF Act 1952 and ESI Act 1948. iv. Income Tax at the rate as applicable for which the bills have been passed will be deducted as tax at source, under relevant Government rules. However, if any new legislation comes into effect for deduction of tax at source at any other rate, deduction will be made at that rate. Necessary Income Tax deduction certificate will be issued by the Account Officer after the closure of financial year. All Taxes, duties and levies like sales tax, excise duty, surcharges etc. payable under the provisions of statute rules or regulations of the central / state governments or local bodies arising out of the service agent by virtue of the service agreement or incidental to service agreement in respect of the works or operations or any part thereof to be performed by the service agent as applicable of the amount for which the bill has been passed will be deducted as tax at source relevant government rules from time to time.

27. TERMINATION, OTHER THAN DUE TO THE DEFAULT OF THE SERVICE AGENT: i. The BSNL / Officer-in-charge may, at any time, at his option cancel and terminate this service agreement by issuing one month notice stating reasons for such cancellation or termination to the service agent, in which event the service agent shall be entitled to payment for the work done up to the time of such cancellation. No compensation shall be payable to the service agent towards purchases and hire of man-power, material, machinery and other equipment for use in respect of the work. ii. At any time, after the commencement of the work, if the BSNL shall not require the whole work or part thereof to be carried out as specified in the service agreement, for any reasons whatsoever, the Officer-in-charge shall give notice in writing of the facts to the service agent, who shall have no claim to any payment of compensation whatsoever on account of any profit or advantage which he might have derived from the execution of the work in full, but which he did not derive in consequence of the full amount of the work not having been carried out, neither shall he have any claim for compensation by reasons of any alternations having been made in the original specifications, drawings, designs and instructions which shall involve any curtailment of the work as originally contemplated. iii. Provided that the contractor shall be paid charges on cartage only of materials actually and bonafide brought to the side of the work by the contractor and rendered surplus as a result of the abandonment or curtailment of the work or any portion thereof, and then taken back by the service agent, provided however that the Officer-in-charge shall have in all such cases the option of taking over all of any such materials at their purchase price or at local current rates whichever may be less. iv. In the event of the termination of the current service agreement, the service agent shall forthwith clear the site of all the service agents materials, machinery and equipments and handover possession of the work / operation concerned to the BSNL or as the BSNL may direct, including the materials supplied by the BSNL vide relevant clause, contained in this section of the service agreement. v. The Officer-in-charge may, at his option, cancel or omit the execution of one, more of all items of work under this service agreement, and any part of such item(s) without any compensation whatsoever to the service agent by giving due notice in writing stating reasons thereof. The action of the Officer-in-charge as per the aforesaid clause, contained in this section of the service agreement shall not be constructed as Breach of service agreement. 28. DEMISE OF THE SERVICE AGENT BEFORE FULFILLING THE SERVICE AGREEMENT: i. Without prejudice to any of the rights or remedies under this service agreement, if the service agent dies, the Officer-in-charge on behalf of the BSNL shall have the option of terminating the service agreement without forfeiting the Security Deposit and without any compensation for the service agent, which does not amount to Breach of service agreement. Any amount payable to the BSNL under this service agreement shall be recoverable from any payment due to him or from the Security Deposit submitted by him. ii. Service Agents legal heirs / representatives shall not without the consent in writing or the Officer-in-charge, have the right to continue to perform the duties or engagements of the Service Agent or under the service, in case of his death. In all cases proof of death and other relevant documents to this effect shall be submitted to the Officer-In-Charge.

30. PENALITY FOR BREACH OF SERVICE : i. When the Service Agent has made himself liable for action under any of the aforesaid reasons, the Officer-in-charge for and on behalf of the BSNL shall have powers : a) To terminate or rescind the Service as aforesaid after proper notices (of which terminations or rescission order in writing to the Service Agent under the hand of the Officer-in-charge shall be conclusive evidence upon such determination or rescission the Security Deposit remitted by or recovered from the Service Agent in connection with the work under service will be forfeited and shall be absolutely at the disposal of BSNL. b) To employ Labour paid by the BSNL and to supply materials to carry out the works or any part of the work debiting the Service Agent with the cost of the Labour and the price of the Materials of the amount of which cost and price certified by the Officer-in-charge shall be final and conclusive against the service agent and crediting him with the value of the work done in all respects in the same manner and the same rates as it has been carried out by the Service Agent under the terms of the Service. The certificate of the Officer-in-charge as to the value of the work done shall be final conclusion against the Service Agent, provided that action under the sub-clause shall only by taken after giving notice in writing to the Service Agent. Provided also that if the expenses incurred by the BSNL are less than the amount payable to the Service Agent at his agreement rates, the difference shall not be paid to the Service Agent. c) To measure up the portion of the work completed in all respects of the Service Agent after giving notice to the Service Agent, to take such part thereof as shall be unexecuted out of his hands and to give it to another Service Agent to complete, in which case the EMD and Security Deposit submitted by the former Service Agent shall be forfeited and shall be absolutely at the disposal of the BSNL. d) To debar the Service Agent from participating in any of the tenders pertaining to that Division case the Breach of Service is being committed for First time, or that pertaining to all the Divisions under the Jurisdiction of a Deputy General Manager, in case the Breach of Service is being committed for second tome or further, for a period of ONE year from the date of issue of termination or rescission order by the Officer-in-charge. ii. In any case in which any of the powers conferred upon the Officer-in-charge by the above Clauses, shall have become exercisable and the same shall not be exercised, the exercised thereof shall not constitute a waiver of any of the conditions here of an such powers shall not withstanding be exercisable in the event of any future case of default by the Service Agent and the liability of the Service Agent for compensation shall remain unaffected. iii. The Service Agent whose work has been terminated or rescinded due to Breach of Service and carried out through another Service Agent shall not have any right to initiate any legal proceedings to stall the work. Upon receiving the termination or rescission order in writing under the hand of the Officer-in-charge the Service Agent shall return the unused materials supplied by the BSNL within the date specified in the termination or rescission order, otherwise the cost of the material supplied by the BSNL shall be recovered from the Service Agent as per the relevant, contained in this section of the Tender Document. iv. In the event of any one or more of the courses of action that may be adopted by the Officer-in-charge in accordance with the aforesaid clauses contained in this section of the Tender Document, the Service Agent shall have no claim for compensation towards any loss sustained by him by reason of having purchased or procured any materials or entered into any engagement or made any advances on account of the execution of the work or performance of 28 Signature of the Tenderer with Seal

B) DURATION OF THE CONTRACT Duration of the contract is ONE YEAR it can be extended unilaterally for a period of SIX MONTH beyond the duration of ONE YEAR. C) LOSS OF PROPERTY The Tenderer will be responsible for safety and security of the property of BSNL as specified and in the condition specified. Any loss of the property due to negligence will have to be made good by the Tenderer in case the Tenderer does not compensate for the losses, the BSNL will be at the liberty to compensate of the loss incurred in the manner most suitable to the BSNL. It wills entirely responsibility of the Tenderer / Bidder to abide by all the relevant labour loss strictly. ***********
SECTION V INFORMATION ABOUT THE TENDERERS
1. Name of the Firm / Tenderer 2. Fathers Name ( in case of individual ) 3. Details about registered address of Firm/Tenderer a. Full Postal address b. Telephone Number along with NSD code 4. Nearest Police Station 5. Whether its is Sole Proprietary Firm or Partnership firm of Private Limited Company 6. Name(s) of the sole Proprietor/Partners/Directors 7. Name of person authorized to entire into and execute contract agreement (authorized to be enclosed) 8. Permanent Account Number (PAN) 9. Details of other Branches of the Firm/Contractor with Address, if any 10. Number of Labors employed in the firm 11. Details of License from Labour Commissioner for engaging Labors 12. Spacing Signature of the Contractor 1. : : : : : : :

: : : : : : 2.

13. Experience details, if any (To be attached separately) : I, declare that all the information given above are true and correct to the best of my knowledge.
Signature of the Tenderer: Name (in block letters): Address of the Tenderer with Seal
SECTION VI AUTHORISATION FORM
(For attending Tender opening) (To reach on or before the date of Tender opening) To, The Dy. General Manager, WTR, K.R. Telephone Exchange, Rajkot 360001
Subject: - Authorization for attending Tender opens on 15/03/2011 in the Tender of Providing hiring services (Motor Drivers) of temporary nature in Western Telecom Sub Region, Rajkot Following persons are hereby authorized to attend the Tender opening for the tender mentioned above on behalf of __________________________________(Tender) in order of preference given below. Order of Preference I. II. Name Specimen Signature
Alternate Representative Signature of Tenderer Officer authorized to sign the Tender Documents on behalf of the bidder Note: 1. Maximum of two representatives may be authorized to attend the Tender opening. In case where it is restricted to one, first preference will be allowed. Alternate representative will be permitted when regular representatives are not attending. 2. Permission for entry to the hall where Tenders are opened may be refused in case authorization as prescribed above is not received.