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Jewish News
06/26/2014 03:08
Rabbi Riskin at book launch event.
(photo credit:OHR TORAH STONE)
In a ground-breaking development, the first ever book of responsa on questions of Orthodox Jewish law written by women who were ordained to serve as halachic decisors was published this week and presented to the public.Idit Bartov and Anat Novoselsky were ordained three years ago to render halachic decisions for men and women in all topics of Jewish law after completing Midreshet Lindenbaum women's college five-year ordination course in advanced studies in the corpus of Jewish law, in addition to passing exams equivalent to the rabbinate's requirement for men.The ordination was bestowed upon them by the municipal chief rabbi of Efrat, Rabbi Shlomo Riskin, the founder and chancellor of the Ohr Torah Stone network of religious education institutes including Midreshet Lindenbaum, along with Rabbi Shuki Reich, head of the Susi Bradfield Women's Institute for Halachic Leadership at Lindenbaum.Bartov and Novoselsky have, since their ordination, dealt with the halachic questions that are typically posed to arbiters of Jewish law by friends, acquaintances and others seeking guidance.From this experience, and from the repository of questions and answers they have dealt with, the two authors compiled a book of eight halachic responsa on subjects such as smoking on Jewish holidays, whether or not a woman can serve as a rabbinical judge and the use of a water heated by solar panels on Shabbat.There are several programs in Israel for advanced Talmudic studies for women, but Lindenbaum is the first Orthodox institution in the country to ordain women as authorized to give halachic rulings in every realm, and not just in the fields of family purity and women's issues.However, the notion of women issuing halachic decisions in Orthodox Judaism is a very new development and is not widely accepted, especially within the haredi community as well as the national-religious community.Speaking to The Jerusalem Post, Riskin insisted; however, that there has never been a question within rabbinic sources that a woman who is knowledgeable in Jewish law has the right to make halachic decisions."This is not a halachic departure in any sense and it is not a revolution in halacha," said Riskin, citing a list of rabbinic sources and authorities from the Talmudic era until today that he said support the idea that women can give rulings in Jewish law.He opined that "denying 50 percent of the Jewish people" the right to study and teach at the highest level would be far more divisive and problematic religiously than advancing halachic leadership for women.Bartov, 47, acknowledged the lack of acceptance for women issuing halachic rulings, but said this was due to societal realities as opposed to obstacles in Jewish law."It's not mainstream, it is a ground-breaking development, but we're talking about a societal issue not a halachic one," she told the Post, comparing the situation to the modern phenomenon in the ultra-Orthodox community of men studying full time in yeshiva while their wives support the family financially.Bartov pointed out a Jewish marriage contract stipulates a man work and provide financially for his family, which he doesn't do while in yeshiva."Society can be stronger than halacha, or accepted halachic norms, and something which is generally accepted by society can become acceptable in the realm of halacha," she said."People think that women teaching and deciding upon halacha is a feminist or Reform practice, but we're saying that such a thing exists as an Orthodox 'poseket halacha [halachic arbiter].'" Bartov says she is optimistic that acceptance in the Orthodox world will grow, but conceded that it may not be easy."This is not something which contravenes halacha, but it might be harder to overcome the societal and sociological psychological barriers than any halachic issues there might be," she said.Riskin addressed the reasoning behind what he sees as the importance of bringing women into the halachic discourse, saying that a female approach to Jewish law and the challenges facing Judaism today is a required component for religious life."Women naturally bring to halacha an emotional sensitivity which is a very important aspect of our oral law," he said."The oral law was given within the context of God's revelation of Himself as a God of love and loving kindness and compassion and patience," he continued, emphasizing the importance of bringing such attitudes into the modern conversation on Jewish law by empowering women in the realm of halacha.Riskin said however that he did not believe it would be practically possible for women to serve as the sole rabbinical head of a community, because of communal requirements such as leading prayers and other services that in Orthodox Judaism can only be performed by a man."Women can certainly play an important role as spiritual leaders," he said, however. "My vision is that I want women to have an opportunity to study and teach Torah at the highest of levels. And I think women will add immeasurably to the world of halacha once they have the necessary knowledge, because they come to it with their own unique way of thinking and feeling."
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BID DOCUMENT TENDER FOR "Data Entry services in various offices under CGM (DNW), BSNL, New Delhi, situated at Delhi/Noida" Tender No: - BSNL/DNW/Data Inputting/2008-09/ Dated 22.01.2008 Estimated Cost Rs. 5,55,000/- : Earnest Money Deposit : Rs.13,875/- Cost of bid document : Rs 563/- Signature of Bidder …………………. Name of Bidder …………………. Date of Issue of Tender form …………………. Date of opening of Tender …………………. Signature & Seal of issuing authority………………… O/o CHIEF GENERAL MANAGER DATA NETWORKS CIRCLE CTS COMPOUND, NETAJI NAGAR, NEW DELHI-110023 TELEPHONE NO. 011-24674135 FAX NO. 011-26114134 1 Signature of the Bidder TENDER DOCUMENT CONTENTS Section Description Page Number I 3-4 Notice Inviting Tender II Bid form 5 III Bidder Profile 6 IV Instruction to Bidders 7-13 V General conditions of contract 14-18 VI Special terms and conditions and 19-29 Specification of work VII Financial Bid 30-31 VIII Specimen of Agreement 32-33 IX Performance security Guarantee performa 34-35 Annexure -II X Performa for no near relative certificate in 36 BSNL Annexure-III XI Letter of authorisation for attending bid 37 opening Annexure -IV 2 Signature of the Bidder BHARAT SANCHAR NIGAM LIMITED (A Government of India Enterprises) O/o Chief General Manager Data Networks Circle Netaji Nagar, CTS Compound, New Delhi-110023 No.: BSNL/DNW/Tender/Data Inputting /2008-09 Date: 22.01.2008 SECTION-I NOTICE INVITING TENDER 1. Sealed tenders in prescribed performa are invited by CGM Data Networks on behalf of Bharat Sanchar Nigam Limited from eligible bidders for following works:- 2. NAME OF WORK:- "Data Entry services in various offices under CGM (DNW), BSNL, New Delhi, situated at Delhi/Noida" for a period of one year. Estimated Bid Security Cost of Last date of Date of Date of Cost (In Rs) (EMD) bid sale of tender receipt of opening of (approx) (In Rs) docum form upto tender form technical bid ent 1600 Hrs upto 1500 Hrs 1530 Hrs (In Rs) Rs.5,55,000/- Rs.13,875/- 563/- 28.02.08 29.02.08 29.02.08 3. Eligibility conditions: a) Bidder should have successfully completed similar work in BSNL/MTNL/DOT /PSUs of Central or State Govt. of minimum value of Rs One lacs during any two of the preceding three financial years i.e. 2004-05, 2005-06 & 2006-07. Experience certificate should be issued by an officer not below the rank of AGM/DE or equivalent. b) The bidder should be registered for service Tax, EPF and ESI with the concerned authorities. 4. Sale of Bid document:- a. Intending bidders may purchase Bid document from Accounts Officer (Data Networks) O/o CGM Data Networks BSNL, 4th Floor Mahanagar Doorsanchar Sadan, CGO Complex New Delhi; by paying Rs. 563/ (Rs. Five hundred sixty three only) - as cost of bid document non-refundable in cash or in form of D/D in favour of Accounts Officer 3 Signature of the Bidder Data Networks O/o CGM Data Networks BSNL New Delhi from 1000hrs. to 1600 hrs on all working days Or b. Bid document can also be downloaded from our web site: http://www.datanetwork.bsnl.co.in (In such cases the bidders should submit a separate DD for the cost of bid document along with Technical bid) 5. Venue for opening of tender: Chamber of AGM (Admn) O/o CGM Data Network CTS Compound, Africa Avenue, Netaji Nagar New Delhi-110023. 6. Bid Security (EMD):- Bid Security can be paid in the form of Demand Draft issued by a scheduled bank, drawn in favour of Accounts Officer Data Networks O/o CGM Data Networks BSNL, payable at Delhi/New Delhi. . 7. The tender form not accompanied by the requisite bid security and cost of bid document (in case bid document is downloaded from website), shall be summarily rejected. 8. CGM Data Networks New Delhi reserves the right to accept/reject any or all the tenders in part or in full without assigning any reason. 9. If tender opening date happens to be holiday then next working day will be the date of opening with venue and time of opening unaltered.) . 10. Details also available on website: http://www.datanetwork.bsnl.co.in AGM (Admn) DNW 4 Signature of the Bidder SECTION-II BID FORM Tender No..........…………………… Date............../………./………. To The CGM Data Network Circle CTS compound New Delhi-23 Dear Sir, 1. Having examined the conditions of contract and specifications including addenda Nos. .………….... the receipt of which is hereby duly acknowledged, we, undersigned, offer to execute the work of "Data Entry in offices under CGM (DNW), BSNL, New Delhi, situated at Delhi/Noida" in conformity with said conditions of contract and specifications as may be ascertained in accordance with the schedule of prices attached herewith and made part of this Bid. 2. We undertake, if our Bid is accepted, we will execute the work in accordance with specifications, time limits & terms and conditions stipulated in the tender document. 3. If our Bid is accepted, we shall submit the securities as per conditions mentioned in the contract. 4. We agree to abide by this Bid for a period of 180 days from the date fixed for Bid opening and it shall remain binding upon us and may be accepted at any time before the expiration of that period. 5. Until a formal Agreement is prepared and executed, this Bid together with your written acceptance thereof in your notification of award shall constitute a binding contract between us. 6. Bid submitted by us is properly sealed and prepared so as to prevent any subsequent alteration and replacement. 7. We understand that you are not bound to accept the lowest or any bid, you may receive. Dated this ……...........day of ……............2008 Signature of Authorized Signatory……………………………………. In capacity of…….. …………………………………….. Duly authorized to sign the bid for and on behalf of…………………………………...... Address.................... 5 Signature of the Bidder SECTION-III BIDDER'S PROFILE Name and Postal Address of the Bidder Registered Address of Bidder (i) Proprietorship concern Status of the Bidder (ii) Partnership firm (iii) HUF (iv) Limited Company Name of person or authorized signatory for submitting the tender, other documents and empowered for correspondence with BSNL Bid Security DD No. …………………………………….. Particulars Amount: ……………………. Name of Bank………………………………… Branch ……….. Service Tax registration particulars Telephone numbers Office: Residence: Fax: (with STD Code) of Mobile: E-mail: authorized signatory Name(s) of Proprietor/ all Partners / all Directors 6 Signature of the Bidder SECTION-IV Instructions to the Tenderer / bidders: 1. Definitions:- The Nigam" means the Bharat Sanchar Nigam Limited New Delhi. 1.1 "The Bidder" means the individual or firm who participates in this tender and submit its bid. 1.2 "The work order" means the order placed by the BSNL on the bidder including all attachments and appendices. The work should be deemed as" contract work" appearing in the document. 1.3 "The contract price "means the price payable to the bidder under the work order for full and proper performance of its contractual obligations. 2. Eligible Bidder:- 2.1 Bidder should have successfully completed similar work in DOT/BSNL/MTNL/PSUs of central or state Govt. of minimum value of Rs One lacs during any two of the preceding three financial years i.e. 2004-05, 2005-06 & 2006-07. Experience certificate issued by an officer not below the rank of AGM/DE or equivalent should be attached. 2.2 The bidder should be registered for service Tax, EPF and ESI with the concerned authorities. 3. Cost of bidding: - The bidder shall bear all costs associated with the preparation and submission of the bid. BSNL, in no case, be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process. 4. Bid Document Includes:- 4.1 Bidding procedures and contract terms and conditions are prescribed in the bid document. It includes: - 4.1.1 Notice inviting tender . 4.1.2 Instruction to the bidders. 4.1.3 General conditions of contract. 4.1.4 Special conditions of contract and specification of work.. 4.1.5 Bid form and Price schedules. 4.1.6 Performance BG Form. 4.1.7 Letter of authorisation to attend bid opening. 4.2 The bidders are requested to examine all instructions, forms, terms and specifications in the bid documents. Failure to furnish all information required as per the bid documents or 7 Signature of the Bidder submission of the bids not substantially responsive to the bid document in every respect will be at bidder's risk and may result in rejection of the bid.. 5. Clarification of Bid Documents:- Clarification if any, issued by BSNL in response to query raised by prospective bidders shall form an integral part of bid documents and it may amount to an amendment of relevant clauses of the bid documents. 6. AMENDMENT OF BID DOCUMENTS: 6.1 At any time, prior to the date of submission of bids, the Nigam may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective Bidder, modify the bid documents by amendments. 6.2 The amendments shall be notified in writing or by FAX or on our web site to all prospective bidders on the address intimated at the time of purchase of bid document from the Nigam and these amendments will be binding on them. 6.3 In order to afford prospective bidders reasonable time in which to take the amendments into account in preparing their bids, the Nigam may, at its discretion, extend the deadline for the submission of bids suitably. 7. Bid form: - The bidder shall complete the bid form and appropriate Price schedule furnished in the bid documents. 8. Bid security:- 8.1 Bid document not accompanied by bid security shall be rejected by the Tender opening committee being non- responsive at the bid opening stage.` 8.2 The bid security of the unsuccessful bidder will be returned as promptly as possible after the expiry of the period of the bid validity. 8.3 The successful bidders' bid security will be returned after the signing of the agreement and furnishing of the performance security. 8.4 The Bid securities will not carry any interest for any period whatsoever. The bid security is required to protect the Nigam against the risk of bidder's conduct, which would warrant the security's forfeiture 8.5 The bid security may be forfeited:- 8.5.1 If the bidder withdraws his bid during the period of bid validity specified in the Bid document. 8 Signature of the Bidder 8.5.2 If the bidder makes any modifications in the terms and conditions of the tender before acceptance of the tender, which are not acceptable to the BSNL. 8.5.3 If the documents submitted by bidders are found to be false/forged at any stage. 8.5.4 In case of successful bidder, if the bidder fails to sign the agreement.. 9. Period of validity of Bids:- Bid shall remain valid for 180 days from the date of opening of bids prescribed by the BSNL. A bid valid for a shorter period shall be rejected by the BSNL being non- responsive. 10. Submission of Bids:- The bidder shall use the Bid Submission Form (as available in the document) for covering letter while submitting the techno-financial bid. The bid shall be submitted in two parts:- 10.1 Part I: Technical Bid: It will consist of the Bid document along with company /establishment profile indicating the capability experience as mentioned in eligibility conditions, In case of partnership firm, the registered partnership deed may be furnished and bid may be signed by all partners of the firm. If only one partner or any person signs the bid, signing person must be duly authorised by all the remaining partners not signing the bid. DD for cost of bid security & bid document (in case it is downloaded from website). This sealed envelope will be marked as "TECHNICAL BID". 10.2 PART II: FINANCIAL BID: It will contain the rates quoted of the tendered items by bidder as per performa provided in the financial bid ( section-VII). This sealed cover shall be marked as 'FINANCIAL BID'. 10.3 Both the envelopes containing 'technical bid 'and 'financial bid 'shall be sealed in another envelope marked as "Tender for providing Data Entry services in Data Networks Circle" addressed to AGM (Admn) O/o CGM Data Networks, should be dropped in the tender box kept in the chamber of AGM (Admn) O/o CGM Data Networks, CTS Compound, Netaji Nagar New Delhi before 1500hrs. of ---------------. 10.4 The inner and outer envelope shall contain the name and address of the bidders to enable the unopened bid to be returned to the bidder in case it is declared late or rejected. The bids which are not submitted as per above mentioned procedure will be summarily rejected. 9 Signature of the Bidder 11 BID OPENING AND EVALUATION: OPENING OF BIDS: 11.1 BSNL shall open bids in the presence of bidders or their authorized representatives. The bidder's representative, who is present, shall sign an attendance register. Authority letter to this effect shall be submitted by the bidder before they are allowed to participate in bid opening as per given format. 11.2 The Financial Bid of the Bidders whose bids are technically responsive shall be opened at a later date and time as specified in the NIT. 11.3 A maximum of one representative for any bidder shall be authorized and permitted to attend the bid opening. 11.4 The Bidder's names, modifications, bid withdrawals and such other details as the Nigam at its discretion, may consider appropriate will be announced at the opening. 11.5 In case the due date fixed for opening of bids is subsequently declared as holiday by the Nigam, the bids shall be opened on the next working day, time and venue remaining unaltered. 12. CLARIFICATION OF BIDS: To assist in the examination, evaluation and comparison of bids the Nigam may, at its discretion ask the bidder for the clarification of its bid. The request for clarification and the response shall be in writing. However, no post bid clarification at the initiative of the bidder shall be entertained. 13. PRELIMINARY EVALUATION: 13.1 The Nigam shall evaluate the bids to determine whether they are complete, whether required sureties have been furnished, whether the documents have been properly signed and whether the bids are generally in order. 13.2 Prior to the detailed evaluation, The Nigam will determine substantial responsiveness of each bid to the Bid documents. For purposes of this clause, a substantially responsive bid is one which conforms, to all the terms and conditions of the Bid documents without material deviations. The Nigam determination of bid's responsiveness is to be based on the contents of the bid itself without recourse to extrinsic evidence. 13.3 A bid, determined as substantially non responsive will be rejected by the Nigam and shall not subsequent to the bid opening be made responsive by the Bidder by correction of the non- conformity. 13.4 The Nigam may waive off any minor infirmity or non-conformity or irregularity in a bid which does not constitute a material deviation, provided such waiver does not prejudice or affect the relative ranking of any bidder. 10 Signature of the Bidder 14. EVALUATION & COMPARISON OF RESPONSIVE BIDS: 14.1 The Nigam shall evaluate in detail and compare the bids previously determined to be responsive. 14.2 L-1 bidder will be calculated based on total rate quoted in financial bid (section- VII). 14.3 In the priced schedule, arithmetical errors shall be rectified on the following basis. If there is discrepancy between the unit price and total price that is obtained by multiplying the unit price and quantity, the unit price shall prevail and the total price shall be corrected by The Nigam. If there is discrepancy between the figures and words, the amount in words shall prevail. If the bidder does not accept the correction of the errors, his bid shall be rejected and the bid security forfeited. 15. POST TENDER OFFER AND/OR CONTACTING THE NIGAM: 15.1 No bidder shall try to influence the Nigam on any matter relating to its bid, from the time of the bid opening till the time the contract is awarded. 15.2 Any effort by a bidder to influence the Nigam in the bid evaluation, bid comparison or contract award decisions shall result in the rejection of the bid. 15.3 No post tender offer by any bidder will be entertained. 16. AWARD OF CONTRACT:- The Nigam shall consider award of contract only to those eligible bidder/bidders whose offers have been found technically, and financially acceptable. 17. RIGHT TO VARY QUANTUM OF WORK:- 17.1 The Nigam will have the right to increase or decrease the QUANTUM OF WORK by upto 25% of the total requirement as specified in the Schedule of Requirement without any change in the unit price or other terms and conditions at the time of award of contract or during the operation of contract. 17.2 In exceptional situation where the requirement is of an emergent nature and it is necessary to ensure continued supplies/services from the existing venders, the Nigam reserves the right to place repeat order up to 50% of the quantities of goods and services contained in the running tender /contract within a period of twelve months from the earliest date of letter of intent at the same rate or a rate negotiated (downwardly) with the existing venders considering the reasonability of rates based on prevailing market conditions and the impact of reduction in duties and taxes etc. 11 Signature of the Bidder 18. RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS:- 18.1 The CGM Data Networks New Delhi reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids, at any time prior to award of contract without assigning any reason whatsoever and without thereby incurring any liability to the affected bidder or bidders on the grounds of the Nigam action. 18.2 The CGM Data Networks New Delhi is not bound to award contract at the lowest price received in the tender and reserves the right to negotiate on fair and reasonable price of the services. 19. ISSUE OF LETTER OF INTENT:- 19.1 The issue of letter of Intent shall constitute the intention of the Nigam to enter into the contract with the bidder. Letter of Intent will be issued as an offer to the successful bidder. 19.2 The bidder shall within 14 (fourteen) days of issue of letter of intent, communicate his acceptance along with performance security as per given format in bid document. 20. SIGNING OF CONTRACT:- 20.1 The issue of letter of intent shall constitute the award of contract on the bidder.. The agreement with the successful bidder shall be signed by the Nigam. 20.2 Upon the successful bidder furnishing performance security, the Nigam shall discharge the bid security. 21 ANNULMENT OF THE CONTRACT:- Failure of the successful bidder to submit performance security shall constitute sufficient ground for the annulment of the award and forfeiture of the bid security in which event the Nigam may make the award to any other bidder at its own discretion or call for new bids. 22. DECLARATION REGARDING NEAR RELATIONSHIP WITH BSNL EMPLOYEE: The bidder should give a certificate that none of his/her near relative is working in the units as defined below where he is going to apply for the tender. In case of proprietorship firm certificate will be given by the proprietor. For partnership firm certificate will be given by all the partners and in case of limited company by all the Directors of the company excluding Government of India/Financial institution nominees and independent non-Official part time Directors appointed by Govt. of India or the Governor of the state. Besides this, Full Time Directors of PSUs both State and Central are excluded from the 12 Signature of the Bidder purview of submission of certificates in regard to employment of near relatives working in the BSNL while submitting tenders by the limited companies. Due to any breach of these conditions by the company or firm or any other person the tender will be cancelled and Bid Security will be forfeited at any stage whenever it is noticed and BSNL will not pay any damage to the company or firm or the concerned person. The company or firm or the person will also be debarred for further participation in the concerned unit. The near relatives for this purpose are defined as:- (a) Members of a Hindu undivided family. (b) They are husband and wife. (c) The one is related to the other in the manner as father, mother, son(s) & Son's wife (daughter in law), Daughter(s) and daughter's husband (son in law), brother(s) and brother's wife, sister(s) and sister's husband (brother in law). The format of the certificate to be given is "I…………..s/o…….……r/o…………….. hereby certify that none of my relative(s) as defined in the tender document is/are employed in BSNL unit as per details given in tender document. In case at any stage, it is found that the information given by me is false/incorrect, BSNL shall have the absolute right to take any action as deemed fit/without any prior intimation to me". 13 Signature of the Bidder SECTION-V GENERAL CONDITIONS OF CONTRACT 1. Application: The general conditions shall apply in contracts made by the BSNL for "Data Entry services in various offices under CGM (DNW), BSNL, New Delhi, situated at Delhi/Noida" 2. Standards: The works to be executed under the contract shall confirm to the standard prescribed for "Data Entry services in various offices under CGM (DNW), BSNL, New Delhi, situated at Delhi/Noida" 3. Period of contract: Period of contract shall be of one year. However contract can be extended further for six months at a time or in broken periods. 4. Prices: Prices charged by the bidder for works performed under the contract shall not be higher from the price quoted by the bidder in his bid. Price once fixed will remain valid for the period of contract. 5. Subcontracts: The bidder shall not assign, subcontract or subject the whole or any part of the works covered by the contract, under any circumstances. 6. PERFORMANCE SECURITIES:- 6.1 The Successful bidder shall furnish performance security on non judicial stamp paper to the Nigam for an amount of 10% (ten percent) of the contract value, within 14 (fourteen) days of issue of the letter of intent. 6.2 The proceeds of the performance security shall be payable to the Nigam as compensation for any loss resulting from the bidder failure to complete its obligations under the Contract. 6.3 The Performance Security Bond shall be in the form of bank guarantee issued by a Scheduled Bank and in the form provided in the Bid Document valid for a period of 18 months. 6.4 The Performance Security Bond will be discharged by the Nigam after completion of the bidder performance obligations. 6.5 No interest will be paid to the contractor on the security deposit. 7. Audit and technical Examination:- 14 Signature of the Bidder 7.1 The Nigam shall have the right to cause an audit technical examination of the work and the final bills of the contractor including all supporting vouchers, abstract etc. to be made after payment of the final bill and if as a result of such audit and technical examination any sum is found to have been overpaid in respect of any work done by the contractor under the contract or any work claimed by him to have been done by him under the contract and found not to have been executed, the contractor shall be liable the refund the amount of over payment and it shall be lawful for BSNL to recover the same from him in the manner prescribed in clause with the heading payment of bills (Same chapter), or in any other manner legally permissible and if it is found that the contractor was paid less than what was due to him under the contract in respect of any work executed by him under it, the amount of such under payment shall be duly paid by BSNL to the contractor. 7.2 Provided that BSNL shall be entitled to recover any sum overpaid, nor the contractor shall be entitled to payment of any sum paid short where such payment have been agreed upon between the Divisional Engineer/AGM or his subordinate officer on one hand and the contractor on the other under any term of the contract permitting payment for work after assessment by the CGM DNW New Delhi or his subordinate officer. 7.3 Any sum of money due and payable to the contactor (including security deposit returnable to him) under this contact may be appropriate by the BSNL for the payment of a sum of money arising out or under any other contract made by the contractor with the BSNL. 8. Payments Terms:- Procedure for Preparation and settlement of bills: No advance payment will be made. Bidder is required to submit bills at the end of every month to the officer in-charge in triplicate, which will be paid through Account Payee cheque after observing necessary formalities. This will normally be paid within one month from date of submission with controlling officer. However no compensation for delay, if any, can be claimed. The bidder shall be responsible for providing all statutory benefits to the personal employed by him including weekly off after 6 working days and National holidays, EPF, ESI etc. of personal deployed for the work will be deposited by the bidder with the concerned department and the documentary proof of the same has to be attached with each month's Bill. The ESI cards also to be issued whenever it is applicable. 9. Penalty Clause:- 9.1 Penalty for non availability of service/service provided not satisfactory will be imposed by the offices Incharge at the rate Rs 200/- per day. 9.2 The un-executed work shall be got executed from other agencies or departmentally, as is convenient or expedient to the BSNL at the risk and cost the contractor. In such an event no compensation shall be payable by the BSNL to the contractor towards any inconvenience/loss that he may be subjected to as a 15 Signature of the Bidder result of such an action by the BSNL. In this regard the decision of CGM DNW shall be final and binding, in all these cases, expanses which may be incurred in excess of the sum which would have been paid to the original contractor if the whole work had been executed by him shall be born and paid by the contractor and shall be deducted from any money due to him by the BSNL under the contract or any other account whatsoever any where in the BSNL or from a security deposit. 9.3 The decision of CGM Data Network BSNL New Delhi shall be final in this regard. 10. Termination of contract:- Circumstances for rescission of contract: Under the following conditions the competent authority may rescind the contract. 10.1 If the contractor commits breach of any item of terms and conditions of the contract. 10.2 If the contractor suspends or abandons the execution of work. 10.3 The BSNL may at any time terminate the contract by giving written notice to the contractor, without compensation to contractor, if the contractor becomes bankrupt or otherwise insolvent as declared by the competent court provided that such termination will not prejudice or affect any right or action or remedy which has accrued or will accrue thereafter to the BSNL. 10.4 The decision of CGM Data Network BSNL New Delhi shall be final in this regard. 11 FORCE MAJEURE:- If any time, during the continuance of this contract, the performance in whole or in part by either party of any obligation under this contract is prevented or delayed by reason of any war, or hostility, acts of the public enemy, civil commotion, sabotage, fires, floods, explosions, epidemics, quarantine restrictions. Strikes, lockouts or act of God (Hereinafter referred to as events) provided notice of happenings, of any such eventuality is given by either party to the other within 21 days from the date of occurrence thereof, neither party shall by reason of such events be entitled to terminate this contract nor shall either party have any claim for damages against the other in respect of such non performance or delay in performance under the contract shall be resumed as soon as practicable after such an event may come to an end or cease to exist ,and the decision of BSNL as to whether the supplies have been so resumed or not shall be final and conclusive, provided further that if the performance in whole or part of any obligation under this contract is prevented or delayed by reason of any such event for a period exceeding 60 days either party may, at his option terminate the contract 16 Signature of the Bidder 12 INDEMNITIES: 12.1 The contractor shall at all times hold the BSNL harmless and indemnify from against all action, suits, proceedings, works, cost, damages, charges claims and demands of every nature and descriptions, brought or procured against the BSNL, its officers and employees and forthwith upon demand and without protect or demur to pay to the BSNL any and all losses and damages and cost (inclusive between attorney and client) and all costs incurred in endorsing this or any other indemnity or security which the BSNL may now or at any time have relative to the work or the contractors obligation or in protecting or endorsing its right in any suit on other legal proceeding, charges and expense and liabilities resulting from or incidental or in connection with injury, damages of the contractor or damage to property resulting from or arising out of or in any way connected with or incidental to the operations caused by the contract documents. In addition the contractor shall reimburse the BSNL or pay to the BSNL forthwith on demand without protect or demur all cost, charges and expenses and losses and damages otherwise incurred by it in consequences of any claim, damages and actions which may be brought against the BSNL arising out of or incidental to or in connection with the operation covered by the contractor. 12.2 The contractor shall at his own cost at the BSNL request defend any suit or other proceeding asserting a claim covered by this indemnity, but shall not settle, compound or compromise any suit or other finding without first consulting the BSNL. 13 ARBITRATION: 13.1 In the event of any question, dispute or difference arising under this agreement or in connection there-with except as to matter the decision of which is specifically provided under this agreement, the same shall be refereed to sole arbitration of the Chief General Manager, Data Network New Delhi or 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 Chief General Manager Data Network New Delhi or by whatever designation such officers may be called (hereinafter referred to as the said officer) and if the Chief General Manager Data Network New Delhi or the said officer is unable or unwilling to act as such to the sole arbitration or some other person appointed by the Chief General Manager, 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 BSNL 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 whatsoever such Chief General Manager to the said officer shall appoint another person to act as 17 Signature of the Bidder 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. 13.2 The arbitrator may from time to time with the consent of parties enlarge the time for making and publishing the award, subject to aforesaid Indian Arbitration and Conciliation Act 1996 and the Rules made there under, any modification thereof for the time being inforce shall be deemed to apply to the arbitration proceeding under this clause. 13.3 The value of the arbitration proceeding shall be the office of the Chief General Manager Data Network New Delhi or such other places as the arbitrator may decide. The following procedure shall be followed: 13.3.1 In case parties are unable to reach a settlement by themselves, the dispute should be submitted or arbitration in accordance with contract agreement. 13.3.2 There should not be a joint submission with the contractor to the sole Arbitrator. 13.3.3 Each party should submit its own claim severally and may oppose the claim put forward by the other party. 13.3.4 The onus of establishing his claims will be left to the contractor. 13.3.5 Once a claim has been included in the submission by the contractor, a reiteration or modification thereof will be opposed. 13.3.6 The "points of defence" will be based on actual conditions of the contract. 13.3.7 The Arbitrator shall not entertain claims in the nature of ex-gratia payments, as these are not contractual. 13.3.8 The question whether these conditions are equitable shall not receive any consideration in the preparation of "points of defence". 13.3.9 If the contractor includes such claims in his submission, the fact that they are not contractual will be prominently placed before the Arbitrator. The award of the sole Arbitrator shall be final and binding on all the parties to the dispute. 14 LEGAL JURISDICTION :- In case of any dispute, the Delhi court alone shall have the territorial jurisdiction to adjudicate upon the matter arising out of this contract. 15 SET OFF: Any sum of money due and payable to the contractor (including security deposit refundable to him) under this contract may be appropriated by the BSNL or the Govt. or any other person or persons contracting through the Govt. of India and set off the same against any claim of the BSNL or Govt. or such other person or persons for payment of a sum of money arising out of this contract made by the contractor with BSNL or Govt. or such other person or persons contracting through Govt. of India. 18 Signature of the Bidder SECTION-VI SPECIAL CONDITIONS OF CONTRACT AND SPECIFICATION OF WORK:- 1. GENERAL:- 1.1 The BSNL reserves the right to disqualify such bidders who have a record of not meeting contractual obligations against earlier contracts entered into with the BSNL. 1.2 The BSNL reserves the right to black list a bidder for a suitable period in case he fails to honour his bid without sufficient grounds. 1.3 The BSNL reserves the rights to counter offer price(s) against price(s) quoted by any bidder. 1.4 Any clarification issued by BSNL, in response to query raised by prospective bidders shall form an integral part of bid documents and it may amount to amendment of relevant clauses of the bid documents. 1.5 Tender will be evaluated as a single package of all the items given in the financial bid (section-VII). 1.6 All work to be executed under the contract shall be executed under the direction and subject to the approval in all respects of by the officer of rank not below the rank of Divisional Engineer or Site Engineer in-charge of work site who shall be entitled to direct at what point or points and what manner they are to be commenced, and from the time to time carried on. 1.7 The work in each section may be split up between two or more contractors or accept any tender in part and not entirely if considered expedient by the CGM Data Network New Delhi. 1.8 Whenever any claims against the contractor for the payment of a sum of money arises out of or under the contract, the BSNL shall be entitled to recover such sum by appropriating in part or whole the security deposit of the contractor, and to sell any BSNL promissory notes etc., forming the whole or part of such security or running/Final bill pending against any contract with the BSNL. In the event of the security being insufficient or if no security has been taken from the contractor, 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 there after may become due to the contractor under this or any other contract with BSNL should this sum be not sufficient to cover the full amount recoverable the contract or shall pay to BSNL on demand the balance remaining due. 19 Signature of the Bidder 1.9 No official of Gazetted rank or other Gazetted officer employed in Engineering or administrative duties in BSNL or any other deptt. of the Government of India is allowed to work as a contractor for a period of two years after his retirement from Government service without the previous permission of Government of India. This contract is liable to be cancelled if either the contractor or any of his employees is found at any time to be such a person who hadn't obtained the permission of Government of India as aforesaid before submission of the engagement in the contractor's service as the case may be. 1.10 In the event of the contractor being, adjusted insolvent or going voluntarily into liquidation of having received order or other order under insolvency act made against him or in the case of company, of the passing of any resolution, or making of any order for winding up whether voluntarily or otherwise, or in the event of the contractor failing to comply with any of the conditions herein specified, The CGM DNW New Delhi shall have the power to terminate the contract without any notice. 1.11 Without prejudice to any of the rights or remedies under this contract, if the contractor dies, the CGM DNW New Delhi on behalf of CMD BSNL can terminate the contract without compensation to the contractor. However CGM DNW New Delhi at his discretion may permit contractors heirs to perform the duties or engagements of the contractor under the contract, in case of his death. In this regard the decision of CGM DNW New Delhi shall be the final. 1.12 In the event of the contractor, winding up his company on account of transfer or merger of his company with any other, the contractor shall make it one of the terms and stipulations of the contract for the transfer of his properties and business, that such other person or company, shall continue to perform the duties or engagement of the contractor under this contract and be subject to his liabilities there under. 1.13 Interpretation of the contract document:- The representative of CGM DNW New Delhi and the contractor shall in so far as possible by mutual consultation, try to decide upon the meaning and intent of the contract document. In case of disagreement the matter shall be referred to CGM DNW New Delhi whose decision shall be final. Any change in the contract documents shall be set forth in writing by the representative of the parties hereto. It shall be the contractor's responsibility to thoroughly familiarize all of his supervisory personnel with the contents of all the contract documents. 2.1 Notification:- The contractor shall give in writing to the proper person or authority with a copy to the Divisional Engineer such notification as may be mandatory or necessary in connection with the commencement, suspension, resumption, performance and/or completion of the contracted work. All notice shall be given sufficiently in advance of the proposed operation to permit proper co-relation of activities and the contractor shall keep all proper 20 Signature of the Bidder persons or authorities involved and advised of the progress of operations through out the performance of the work and/or with such other information and /or supporting figure and data as may from time to time as directed or required. 2.2 Shut down on account of weather conditions:- The contractor shall not be entitled to any compensation whatsoever by reason of suspension of the whole or any part of the work made necessary by the Government or deemed advised on account of bad weather conditions or other Force majeure conditions. 2.3 EASEMENTS, PERMITS, LICENCES AND OTHER FACILITIES:- The contractor shall obtain/provide at his own cost all easements, permits and licence necessary to do its work 3. SCOPE AND SPECIFICATION OF WORK :- 3.1 The Tenderer will have to ensure Data Entry services in English with/without shorthand etc. in various offices in the DNW Circle at Noida/ Delhi , manning service for EPABX at O/o CGM Data Networks CTS Compound Netaji Nagar, New Delhi and other related works. 3.2 Bidder shall quote his rates as mentioned in performa provided in the financial bid (Section-VII). The rates Quoted will not be changed during contract period. 3.3 Normally Data entry services shall be provided from 0930 to 1800 hrs. . However Data entry services shall be provided even beyond office hours as and when required. 3.4 Manning service for EAPBX will be provided from 0930 to 1800 hrs. 3.5 The contractor shall provide his proper telephone number for enabling AGM (Admn) DNW to contact him at any time. Any change in telephone number must be conveyed immediately. 3.6 The contractor as per requirement in any faculty at any time will provide Data entry services. 3.7 Only the work allotted by the Chief General Manager Data Networks, New Delhi will be inputted. No other work will be allowed. 3.8 The respective faculties will provide floppy disks for keeping backup of inputting . Inputting will be done in a separate directory in the Hard Disks. 3.9 There will not be any delay beyond reasonable limits by the inputters in providing the finished material. 3.10 Chief General Manager Data Networks New Delhi will not be bound to offer any specific quantum of work at any point of time. 3.11 The service provider will exercise all care while handling computers/printers and other accessories as per manufacturer's instructions. Any damages to the machine due to negligence will be chargeable and the decision of the Chief General Manager Data Networks New Delhi authority in this regard will be final. 3.12 The integrity of the inputters engaged should be above board. The decision regarding their being acceptable shall rest with Chief General Manager Data Networks New Delhi and will be final. 21 Signature of the Bidder 3.13 Only approved programmes will be used on PCs to avoid virus etc. The inputters should not get floppies of their own and insert into the computers. 3.14 The word "Inputting" in these terms & conditions includes inputting of text, tables, graphs & drawings in English. 3.15 Half a page or less than half a Page of A4 size paper will be treated as half of page for inputting while more than half a page of A4 size page shall be taken as full page. 3.16 A printed copy will be taken for proof reading. The mistakes done by the inputter will be corrected by himself and 100% corrected copy will be final copy. If the changes are made by the CGM DATA NETWORKS authorities in the first copy, the corrected copy will be the edited page for the inputter's work. It will hold good vis a vis if further changes are done in the text by CGM Data Network authorities. 3.17 Inputting will be done in single spacing, unless otherwise specified. Font size may normally vary from 12 to 14 unless otherwise specified. 3.18 The total work in a year shall be (approximately) ----------- pages out of which about --- -------- pages shall be English Inputting (with short hand), about ---------- pages shall be English Inputting (without short hand), about -------- pages editing and about ---------- pages Data Entry. In addition (approximately) ---------- pages shall be Tabulation and -- -------- pages shall be Diagram. This figure may vary, for which CGM Data Network Circle will not be responsible. 3.19 The material to be inputted may be typed or handwritten. 3.20 Whenever an inputter is engaged the experience certificate is to be submitted to the office Incharge of respective faculty. 3.21 The computers/printers and other peripherals will be handled with proper care. Any damages to any equipments will be charged from contractor and decision of CGM DNW will be final in this regard. 3.22 The faculty wise monthly record of work done will be maintained in a register by contractor and will be produced along with the bills for payment. 3.23 A 100% corrected data entry will be taken as one page of data entry. 3.24 Only more than half a page with single line space and font size 12 to 14 (otherwise specified) will be taken as single page. 3.25 Any correction in page will be done at the cost of contractor. 3.26 The bidder shall be responsible for providing all statutory benefits to the personal employed by him including weekly off after 6 working days and National holidays, EPF, ESI etc. of personal deployed for the work will be deposited by the bidder with the concerned department and the documentary proof of the same has to be attached with each month's Bill. The ESI cards also to be issued whenever it is applicable. 3.27 The office in charge shall be the final judge of the quality of the service and the satisfaction of the Nigam in respect thereof set forth in the contract documents. Laxity of failure to enforce compliance with the contract documents by the CGM DNW New Delhi or its representative shall not manifest a change or intent of waiver, the intention being that, not withstanding the same, the contractor shall be and remain responsible for complete and proper compliance with the contract documents and the specification therein. 3.28 Quantum of work can be increased or decreased as per actual requirement. 22 Signature of the Bidder 4. TAXES AND DUTIES:- Contractor shall pay all rates, levies, fee royalties, taxes and duties payable or arising from out of, by virtue of or in connection with and/or incidental to the contract or any of the obligations of the parties in terms of the contractor documents and/or in respect of the works or operations or any part thereof to be performed by the contractor and the contractor shall indemnify and keep indemnified the Nigam from and against the same or any default by the contractor in the payment thereof. 5. LABOUR WELFARE MEASURES AND WORKMAN COMPENSATION:- 5.1 Obtaining Licence before commencement of work: The contractor shall obtain a valid labour licence under the contract labour (R&A) Act 1970 and the contract labour (Regulation and Abolition) Central Rules 1971 before commencement of the work, and continue to have a valid licence until the completion of work. The contractor shall also abide by the provisions of the Child Labour (prohibition and regulation) Act 1986. Any failure to fulfil this requirement shall attract the penal provisions of this contact arising out of the resultant non-execution of work. 5.2 CONTRACTORS LABOUR REGULATIONS: 5.2.1 Working hours 18.104.22.168.Normally working hours of an employee should not exceed 9 hours a day. The working day shall be so arranged that inclusive of interval for rest, if any, it shall not spread over more than 12 hours on any day. 188.8.131.52. When a worker is made to work for more than 9 hours on any day or for more than 48 hours in any week he shall be paid over time for the extra hours put in by him. 126.96.36.199.Every worker shall be given a weekly holiday normally on a Sunday, in accordance with the provisions 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. Where the minimum wages prescribed by the Government, under the minimum wages act, are not inclusive of the wages for the weekly day of rest, the worker shall be entitled to rest day wages, at the rate applicable to the next preceding day, provided he has worked under the same contractor for a continuous period of not less than 6 days. 220.127.116.11. Where a contractor is permitted by the Engineer-in-charge to allow a worker to work on a normal weekly holiday, he shall grant a substituted holiday to him for the whole day, on one of the five days, immediately before or after the normal weekly holiday, and pay wages to such worker for the work performed on the normal weekly holiday at the overtime rate. 5.2.2. Display of Notice Regarding Wages etc.: - 23 Signature of the Bidder The contractor shall, before he commences his work on contract, display and correctly maintain and continue to display and correctly maintain, in a clear and legible condition in conspicuous places on the work, notices in English and in local Indian languages spoken by the majority of the workers, giving the minimum rates of the wages fixed under minimum wages act, the actual wages being paid, the hours of work for which such wage are earned, wages periods, dates of payments of wages and other relevant information. 5.2.3. Payment of wages:- 126.96.36.199.The contractor shall fix wage periods in respect of which wages shall be payable. 18.104.22.168. No wage period shall exceed one month. 220.127.116.11.The wages of every person employed as contract labour in an Establishment or by a contractor, where less than one thousand such persons are employed, shall be paid before the expiry of seventh day and in other cases before the expiry of tenth day after the last day of the wage period in respect of which the wages are payable. 188.8.131.52.Where the employment of any worker is terminated by or on behalf of the contractor, the wages earned by him shall be paid before the expiry of the second working day from the date on which his employment is terminated. 188.8.131.52.All payment of wages shall be made on a working day at the work Premises and during the working time and on a date notified in advance and in case the work is completed before the expiry of the wage period, final payment shall be made within 48 hours of the last working day. 188.8.131.52.Wages due to every worker shall be paid to him direct or to other person authorized by him in this behalf. 188.8.131.52.All wages shall be paid in current coin or currency or in both. 126.96.36.199.Wages shall be paid without any deductions of any kind except those specified by the Central government by general or special order in this behalf or permissible under the payment of wages act 1956. 18.104.22.168. A notice showing the wages period and the place and time of disbursement of wages shall be displayed at the place of work and a copy sent by the contractor to the Engineer-in-charge under acknowledgement. 22.214.171.124. It shall be the duty of the contractor to ensure the disbursement of wages in presence of the site engineer or any other authorized representative of the 24 Signature of the Bidder engineer-in-charge who will be required to be present at the place and time of the disbursement of wages by the contractor to workmen. 220.127.116.11. The contractor shall obtain from the site engineer or any other authorized representative of the engineer-in-charge, as the case may be, a certificate under his signature at the end of the entries in the "Register of wages" or the "wage- cum-muster roll", as the case may be, in the following form:- Certified that the amount shown in the column No……………………………… has been paid to the workman concerned in my presence on………… at…………… 5.2.4. Fines and deductions, which may be made from wages 18.104.22.168 The wages of a worker shall be paid to him without any deduction of any kind except the following:- a) Fines b) Deductions for absence from duty i.e. from the Place or the places where by the terms of his employment he is required to work. The amount of deduction shall be in proportion to the period for which he was absent. c) Deductions for damage to or loss of goods expressly entrusted to the employed person for custody, or for loss of money or any other deductions which he is required to account, where such damage or loss is directly attributable to his neglect or default d) Deduction for recovery of advances or for adjustment of overpayment of wages, advances granted shall be entered in a register. e) Any other deduction, which the central government may from time to time allow. 220.127.116.11 No fines should be imposed on any worker save in respect of such acts and the Labour Commissioner has approved of omissions on his part as. 220.127.116.11 No fine shall be imposed on a worker and no deduction for damage or loss shall be made from his wages until the worker has been given an opportunity of showing cause against such fines or deductions. 188.8.131.52 Every fine shall be deemed to have been imposed on the day of the act or omission in respect of which it was imposed. 5.2.5. Labour records 25 Signature of the Bidder 22.214.171.124.The contractor shall maintain a Register of Persons employed on work on contract in Form XIII of the Contract Labour(R&A) Central Rules 1971and same shall be submitted along with monthly bills to be submitted by contractor. 18.104.22.168. The contractor shall maintain a Muster Roll register in respect of all workmen employed by him on the work under contract in Form XIVI of the CL(R&A) Rules 1971. 22.214.171.124.The contractor shall maintain a Wage Register in respect of all workmen employed by him on the work under contract in Form XVII of the CL(R&A) Rules 1971. 22.214.171.124. The manpower deployed by the contractor for providing the services to do specified work will have no claim what so ever for absorption in Nigam later on. 188.8.131.52. Register of accidents:- The contractor shall maintain a register of accidents in such form as may be convenient at the work place but the same shall include the following particulars : a) Full particulars of the labourers who met with accident. b) Rate of wages c) Sex d) Age e) Nature of accident and cause of accident f) Time and date of accident g) Date and time when admitted in hospital h) Date of discharge from the hospital i) Period of treatment and result of treatment j) Percentage of loss of earning capacity and disability as assessed by Medical Officer k) Claim required to be paid under workmen's compensation act. l) Date of payment of compensation. m) Amount paid with details of the person to whom the same was paid. n) Authority by whom the compensation was assessed 26 Signature of the Bidder o) Remarks 184.108.40.206 The contractor shall maintain a Register of Fines in the Form XII of the CL(R&A) Rules 1971. The contractor shall display in a good condition and in a conspicuous place of work the approved list of acts and omission for which fines can be imposed 18.104.22.168 The contractor shall maintain a Register of deductions for damage Or loss in Form XX of the CL(R&A) Rules 1971 188.8.131.52 The contractor shall maintain a Register of Advances in Form XXIII of the CL(R&A) Rules 1971. 22.214.171.124 The contractor shall maintain a Register of Overtime in Form XXIII of the CL(R&A) Rules 1971. 5.2.6 Attendance card-cum wage slip a) The contractor shall issue an Attendance card cum wage slip to each workman employed by him. b) The card shall be valid for each wage period. c) The contractor shall mark the attendance of each workman on the card twice each day, once at the commencement of the day and again after the rest interval, before he actually tarts work. d) The card shall remain in possession of the worker during the wage period under reference. e) The contractor shall complete the wage slip portion on the reverse of the card at lease a day prior to the disbursement of wages in respect of the wage period under reference. f) The contractor shall obtain the signature or thumb impression of the worker on the wage slip at the time of disbursement of wages and retain the card with him. 5.2.7 Employment card The contractor shall issue an Employment Card in the Form XIV of CL (R&A) Central Rules 1971 to each worker within three days of the employment of the worker. 5.2.8. Service certificate 27 Signature of the Bidder On termination of employment for any reason whatsoever the contractor shall issue to the workman whose services have been terminated, a service certificate in the Form XV of the CL(R&A) Central Rules 1971. 5.2.8 Preservation of labour records The Labour records and records of fines and deductions shall be preserved in original for a period of three years from the date of last entries made in them and shall be made available for inspection by the Engineer-In-Charge or Labour Officer or any other officers authorized by the Ministry of Communication in this behalf. 5.3 Power of labour officer to make investigations or enquiry The labour officer or any person authorized by the Central Government on their behalf shall have power to make enquiries with a view to ascertaining and enforcing due and proper observance of Fail Wage Clauses and provisions of these Regulations. He shall investigate into any complaint regarding the default made by the contractor in regard to such provision. 5.4 Report of Investigating officer and action thereon The Labour Officer or other persons authorized as aforesaid shall submit a report of result of his investigation or enquiry to the Engineer in-charge indicating the extent, if any, to which the default has been committed with a note that necessary deductions from the contractors bill be made and the wages and other dues be paid to the labourers concerned. The Engineer in-charge shall arrange payments to the labour concerned within 45 days from the receipt of the report from the Labour Officer or the authorized officer as the case may be. 5.5 Inspection of Books and Slips The contractor shall allow inspection of all the prescribed labour records to any of his workers or to his agent at a convenient time an place after due notice is received or to the Labour Officer or any other person, authorized by the Central Government on his behalf. 5.6 Submission of Returns The contractor shall submit periodical return as may be specified from time to time. 5.7 Amendments The Central Government may from time to time add to or amend the regulations and on any question as to be application/interpretation or effect of those regulations. 6. INSURANCE: 28 Signature of the Bidder Without limiting any of his other obligations or liabilities, the contractor shall, at his own expense, take and keep comprehensive insurance for men. and for all the work during the execution. The contractor shall also take out workmen's compensations insurance as required by law and under take to indemnify and keep indemnified the Nigam from and against all manner of claims an demands and losses and damages and cost (including between attorney and client) charges and expenses that may arise in regard the same or that the Nigam may suffer or incur with respect to end/or incidental to the same. The contractor shall have to furnish originals and/or attested copies as required by the Nigam of the policies of insurance taken within 15 (fifteen) days of being called upon to do so together with all premium receipts and other papers related thereto which the Nigam may require. 7. COMPLIANCE WITH LAWS AND REGULATION: 7.1. During the performance of the works the contractor 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 and any other provisions having the force of law made or promulgated or deemed to be made or promulgated by the Government, Governmental agency or Nigam, municipal board, Government of 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 contractor shall assume full responsibility for the payment of all contributions and pay roll taxes, as to its responsibility for the payment of all contributions and pay roll taxes, as to its employees, servants or agents engaged n the performance of the work specified in the contractor documents. If the contractor shall require. 7.2. Any assignee or sub-contractor to share any portion of the work to be performed hereunder may be assigned, sub-leased or sub-contracted to comply with the provisions of the clause and in this connection the contractor agrees as to undertake to save and hold the Nigam harmless and indemnified from and against any/all penalties, actions, suits, losses and damages, claims and demands and costs (inclusive between attorney and client) charges and expenses whatsoever arising out or occasioned, indirectly or directly, by failure of the contractor or any assignee or sub- contractor to make full and proper compliance with the said by-laws , Rules, Regulations, Laws and Order and provisions as aforesaid. 29 Signature of the Bidder SECTION-VII FINANCIAL BID "Tender for Data Inputting in English & Hindi with/without shortage in offices under CGM (DNW), BSNL, New Delhi, situated at Delhi/Noida" Tenderer shall quote his rates for each item as mentioned in performa provided in the financial bid. The rates Quoted will not be changed during contract period. … O/o CHIEF GENERAL MANAGER DATA NETWORKS CIRCLE CTS COMPOUND, NETAJI NAGAR,NEW DELHI-110023 TELEPHONE NO. 011-24674135 FAX NO. 011-26114134 30 Signature of the Bidder (SECTION-VII) Financial Bid A. Data Entry Inputting Services at Delhi/Noida:- Approximate Rates quoted in Quantum of figure per Rates quoted in words per S No Item work per page/table/diagram page/table/diagram annum (in (in Rs. ) pages 13900 English Inputting (i) with shorthand English Inputting 35544 (ii) without shorthand Tabulation 17380 iii). (English) 680 iv). Diagram v). Editing 37796 37716 vi). Data Entry Providing of manning services for operation of EPABX from 0930 to 1800 hrs. at B O/o CGM DNW ,CTS compound, Netaji Nagar, New Delhi-110023 Rates quoted in figure (in Rs.) Rates quoted in words Monthly charges (i) . (ii) Annual charges Note:-Service Tax Extra as applicable. (Quantum of work can be increased or decreased as per actual requirement) 31 Signature of the Bidder SECTION-VIII SPECIMEN OF AGREEMENT BOND An agreement is made on ( ) between (hereinafter called the contractor) which expression shall where the context so remits include his/their respective heirs, executors administrative, representatives and assign of the one part and Bharat Sanchar Nigam Limited through Chief General Manager DNW New Delhi (herein after referred to as the BSNL) of the other part. Whereas the contractor has offered to enter into a contract with the said Bharat Sanchar Nigam Limited for Tender of " Data Entry Services in various offices under CGM DNW, BSNL New Delhi situated at Delhi/Noida on the terms and conditions of the tender issued by the CGM DNW New Delhi vide tender No:- and the offer has been duly accepted by the competent authority to award the work vide memo No:- . The contractor has deposited Rs. (Rs. ) as performance security vide DD No. Now, these presents witness and it is hereby agreed and declared by and between the parties to these presents as follows: 1. The contractor shall during the period of this contract that is to say from ---------- to ------ ----- or until this contract is terminated safely carry out by means of labourers employed at his own expenses and by means of tools implements and equipment to be supplied by him at his own expenses for works against tender vide "No:- ----------------- -------------------------------------------------------------------------- 2. It is understood by the contractor that the quantity of work mentioned in the schedule is likely to change as per actual requirements as demanded by the exigencies of service. 3. If the contractor does not complete the work or deserts the work, the department is at liberty to get the work done from any other agency as deemed fit and difference in expenditure will be recovered from the contractor. 4. The contractor will abide by all the terms and conditions of the tender vide "No:- -------- ---------------------------------------------------------------------------------------- 32 Signature of the Bidder 5. The CGM DNW has the right to terminate/extend the contract either partly or fully at any stage without assigning any reason by giving 15 days notice in writing to that effect and shall not be liable to pay any compensation to the contractor thereof. 6. Now with these presents witness, it is hereby agreed and declared by and between both the parties that Annexure-I of the tender i.e. rates accepted are integral part of this agreement and will be followed scrupulously. In witness where both the parties these presents, have set their hands and seals this day, month and year written above. 7. The contractor shall be responsible for payment of Service Tax. With central excise & Taxation depatt. The documentary proof of the same must be submitted with in One month of payment of particular bill for the amount of Service Tax charged in the said bill. Signed, sealed and (Party on the first part) Delivered in presence of 1. Witness 2 Witnesses 33 Signature of the Bidder SECTION-IX Annexure II PERFORMANCE SECURITY GUARANTEE (BOND) FORM Reference: BSNL Tender no. ___________________ dated __________ for (name of the work) ________ _____ 1. In consideration of CGM Data Networks Bharat Sanchar Nigam Limited having agreed to exempt M/s __________ (hereinafter called "the said Contractor") having its registered office at _________________ from the demand under the terms and conditions of an Agreement/ (Advance Purchase Order duly accepted by contractor) no. ___________ dated ________ for (name of work) _________ _____________ _____________ (hereinafter called "the said Agreement), of security deposit for the due fulfilment by the said contractor of the terms and conditions contained in the said Agreement, on production of a bank guarantee for Rs. __________________ we, (Name of the bank) _____________ ______________ (hereinafter referred to as "the Bank") at the request of ______________ _______ (contractor) do hereby undertake to pay to the BSNL an amount not exceeding Rs. __________ against any loss or damage caused to or suffered or would be caused to or suffered by the BSNL by reason of any breach by the said Contractor of any of the terms of conditions contained in the said Agreement. 2. We (name of bank) __________________ do hereby undertake to pay the amount due and payable under this guarantee without any demur, merely on a demand from the BSNL stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the BSNL by reason of breach by the said contractor of any or the terms or conditions contained in he said Agreement or by the reason of the contractor failure to perform the said Agreement. Any such demand made on the bank shall be conclusive as regards the amount due and payable by Bank under this guarantee where the decision of the BSNL in these counts shall be final and binding on the bank. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs ___________ 3. We undertake to pay to the BSNL any money so demanded notwithstanding any dispute or disputes raised by the contractor/ supplier in any suit or proceeding pending before any court or tribunal relating thereto our liability under this present being absolute and unequivocal. The payment so made by us under this bond shall be valid discharge of our liability for payment thereunder and the contractor/ supplier shall have no claim against us for making such payment. 4. We (name of bank) ________________ further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said agreement and that it shall continue to be enforceable till all the dues of the BSNL under or by virtue of the said agreement have been fully paid and its claims satisfied or discharged or till BSNL certifies that the terms and conditions of the said Agreement have been fully and properly carried out by the said contractor and accordingly discharges this guarantee. Unless a demand or claim under the guarantee is made on us in writing on or before the expiry of __________ (__) 34 Signature of the Bidder months from the date hereof, we shall be discharged from liability under this guarantee thereafter. 5. We (name of bank) ___________________ further agree with the BSNL that the BSNL shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said agreement or to extend time of performance by the said contractor from time to time or to postpone for any time or from time to time any of the powers exercisable by the BSNL against the said Contractor and to forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason of any such variation, or extension being granted to the said Contractor or for any forbearance, act or omission on the part of the BSNL or any indulgence by the BSNL to the said contractor or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision have effect of so relieving us. 6. The guarantee will not be discharged due to changes made in the constitution of Bank or Contractor / Supplier. 7. We (name of the bank) ___________________________ lastly undertake not to revoke this guarantee during its currency except with previous consent of the BSNL in writing. Date (Authorised Signature of the Bank Official ) Name: Signed in the capacity of: Power of Attorney Number: Full name and address of branch: Phone & FAX nos. of branch: 35 Signature of the Bidder SECTION-X Annexure-III Performa for no near relative certificate in BSNL Certificate to be given by the Contractor in respect of no near Relative(s) In BSNL of the contractor 1……………………………………S/o…………………………………………………………… ……………….resident of…………………………hereby certify that none of my near relative (s) as defined in the tender document is/are employed any where in BSNL as per details given in tender document. In case at any stage, if it is found that the information given by me is false/incorrect, BSNL, shall have the absolute right to take any action as deemed fit, without any prior intimation to me". Signature of bidder Name of bidder . Note : - Is case of proprietorship firm, certificate will be given by the proprietor, for partnership firms, certificate will be given by all the partners and in case of private/LTD company, by all the directors of the company. 36 Signature of the Bidder SECTION-XI Annexure-IV LETTER OF AUTHORISATION FOR ATTENDING BID OPENING Tender Number ________________________________________________________ Subject: Authorisation for attending bid opening on ___________________________ (date) in the tender of _____________________________________________________________. Following persons are hereby authorised 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 Signatures of bidder or Officer authorised to sign the bid documents on behalf of the bidder. No. 1. Only one representative will be permitted to attend bid opening. In cases where it is restricted to one, first preference will be allowed. Alternate representative will be permitted when regular representatives are not able to attend. 2. Permission for entry to the hall where bids are opened may be refused in case authorisation as prescribed above is not recovered. 37 Signature of the Bidder
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The Royals are shopping Gil Meche and David DeJesus
Dec 4, 2009, 9:58 AM EDT
Rosenthal and Morosi report that the Royals are open to trading Gil Meche and David DeJesus, likely waiting until most of the free agents sign, making their market out of the teams who don't have a chair when the music stops on the Randy Wolfs and Marlon Byrds of the world.
Meche's season ended early due to some shoulder inflammation. He was 6-10 with a 5.09 ERA in 23
starts after posting a 3.82 ERA through his first two years on his $12m/year deal, which still has two years left on it. DeJesus is useful enough, but way more so if he can play center instead of left, where he transitioned to more or less full time last year.
If I'm the Royals I hold on to Meche for a bit to see if he can rebound from an off year. If so, you have a really useful pitcher to slot in behind Greinke and/or a much more valuable trade chit come June or July.
- Simon DelMonte - Dec 4, 2009 at 10:38 AM
Apropos of nothing, I just love Gil Meche's name. I was always disappointed his middle initial wasn't G.
And that was years before I ever read Philip Roth's The Great American Novel, which features a ballplayer named Gil Gamesh.
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Actually, I am a newbie for C#. In my program, I got two window forms.Each window forms have one label and one activate button.Once I start(load) the program,two window forms will pop-up together.My intention is when I click on the form1 activate button,my form1 label's back colour will change to "green"(to let user know this form1 is activated).Up to here I can write the soft code.But when I click on the form2 activate button,form1 will no longer active, my form2 will be activated and form2 label's back colour will also change to "green".Since form1 is no longer active,I would like to change my form1 label's back colour to red.How can I change it?
How I write my program so far.
In form1 activate button click 1.form1 label's back colour = Colour.green // to let user know form1 is activate upon button click 2. form2 f2 = new form2(); f2.(form2 label's).BackColour = Colour.red
There is no change on form2.
when I add f2.Show() , once I click the activate button on form1 , form2 will pop-up with red label back colour.
Please remember that I am running both form1 and form2 on my Mainform.
Thanks In Advance.