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Name of Work: - Comprehensive annual maintenance of 2Nos 8 Passenger lifts in CGM Building Chennai (2013-15) • Vendors should furnish the correct E.D. / Customs tariff Head in the price schedule. If the credit for the Duties and Taxes under CENVAT credit rules, 2004 is found to be not admissible at any stage subsequently owing to wrong furnishing of Tariff Head, then the vendors will be liable to refund such non-admissible amount, if already paid, along with penalty if charged by the concerned authority. • In case the Duties & Taxes which are non CENVAT – able as per the quotes indicated in the price schedule by the vendors and subsequently at any stage it is found that Credit for such Duties & Taxes is admissible as per CENVAT Credit Rules, 2004, then the vendors will be liable to refund the amount equivalent to such Duties & Taxes if already paid to them. However, BSNL may allow the supplier to submit necessary documents in this regard which may enable BSNL to avail the CENVAT credit provided such credit is still available for the amount so paid as per CENVAT Credit Rules 2004. • BSNL reserves the right to ask the bidders to submit documentary proof confirming the correct Tariff Head from the E.D. / Customs authority where the Tariff Head furnished against the particular tendered item by different bidders differs from each other or the same is found apparently not furnished in accordance with E.D. / Customs Tariff notifications. • If the supplier fails to furnish necessary supporting documents i.e. Excise / Customs invoices etc. in respect of the Duties / Taxes which are Cenvatable, the amount pertaining to such Duties / Taxes will be deducted from the payment due to the firm. • Invoice shall clearly indicate break up details of composite price i.e. Basic, E.D., Sales Tax, any other Duties and Taxes, Freight / Packing Charges, Service Tax etc. • The unit-wise cost / break up is necessary for the purpose of information and verification of composite price so quoted by the contractor / supplier. ‣ The entire installation shall be insured by the contractor at his cost till finally handed over to the BSNL. Tendered rates shall beinclusiveofalltaxesandleviespayableundertherespectivestatutes.However pursuant to the constitution (Forty sixth amendment)Act,1982,If any further tax or levy is imposed by statute, after the date of receipt of tenders and the contractors there-upon nececessarilyandproperlypayssuchtaxes/leviesthecontractorshallbereimbursedtheamount so paid, provided such payment, if any in the opinion of Superintending Engineer whose decision shall be final and binding, is not attributable to delay in execution of work within the control of the contractor. Thecontractorshallkeepnecessarybooksofaccountsandotherdocumentsforthepurposeof thisconditionasmaybenecessaryandshallallowinspectionofthesamebyadulyauthorized representative of Government and further shall furnish such other information / documents as the Engineer-in-Charge may require. Thecontractorshallwithinaperiodof30daysof imposition of any further tax or levy pursuant to the constitution (Forty sixth amendment) Act, 1982, give a written notice thereof to, the Engineer-in- Chargethatthesameisgivenpursuanttothisconditiontogetherwithallnecessary information relating thereto. Note: No additional condition whatsoever will be accepted for turnover tax/ sale tax on works contract.Incaseofadditionalconditionsforthepaymentofsuchclaimsbythecontractor, the tender may be summarily rejected by the accepting authority. 9) (I) WORKS CONTRACT TAX The rates offered by the firm shall be inclusive of the works contract tax as applicable in the state. The BSNL shall deduct works contract tax from payments due to the firm and as per rules of the State Govt. Certificate for such deduction shall be issued to the firm by the Accounts Officer of the Division. Contractor Internet Downloaded copy Executive Engineer (E) Page 10 of 40
Name of Work: - Comprehensive annual maintenance of 2Nos 8 Passenger lifts in CGM Building Chennai (2013-15) (II) EXCISE DUTY & SERVICE TAX: (a) The firm shall indicate in the bill claims, the amount of Excise Duty, Service Tax and Education Cess separately. Exhibition of this amount is must in the bill claims. (b) The firm shall also mention their Central Excise/service tax registration number in their bill claims, failing which the portion of ED, ST and EC indicated in the bill claim will be withheld. 10) VARIATION IN EXCISE DUTY In case of statutory variation in excise duty in respect of Items on Part–A, within the stipulated date of completion of individual agreement, the same shall be paid or recovered as per the actual against documentary proof. However, beyond this period BSNL will take advantage of any duty reduction but will not pay extra on account of duty increase. In case the chapter applicable excise duty tariff mentioned in gate pass does not tally with item demanded in NIT, nothing shall be paid. If the Excise duty of the Contractor increases on account of increase in turnover, nothing extra will be paid on this account. 11(i) INCREASE /DECREASE OF TENDERED QUANTITY a) BSNL will have the right to increase or decrease upto 25% of the Contract value depending upon the requirement of goods and services specified in the schedule of items without any change in the unit price or other terms and conditions at the time of award of contract. b) In exceptional situation where the requirement is of an emergent nature and it is necessary to ensure continued supplies from the existing vendors, the purchaser reserves the right to place repeat orders up to 50% of the quantity of goods and services contained in the running tender/contract within a period of 12 months from date of award of work at the same rate or a rate negotiated (downwardly) with the existing vendors considering the reasonability of rates based on prevailing market conditions and the impact of reduction in duties and taxes etc. BSNL reserves the right to enforce curtailment in the assigned quantum of work for any contractor on the grounds of defaults/delay in regard to execution of the individual work assigned. 11(ii) CURTAILMENT OF QUANTITY:- 12) COMPLETION OF WORK:- At the time of issuing NIT for a particular work, the time allowed for completion of work consistent with magnitude and urgency of work is specified. The time allowed for carrying out the work as entered in the contract is reckoned from the tenth day after the date on which the orders to commence the work are given to the Contractor. To ensure good progress of the work during the execution, the contractor is bound in all cases in which the time allowed for any work exceeds one month (except special jobs) to complete 1/8 th of the whole of the work before 1/8 th of the time allowed under the contract has elapsed, 3/8 th of the work before half of the time has elapsed and 3/4 th of the work before 3/4 th of such time has elapsed. However, for special jobs, if a time schedule has been submitted by the Contractor and the same has been accepted by the Engineer-in-charge, the contractor shall comply with such time schedule. For Substation, the work is deemed to have been completed after clearance by Electrical Inspector. Contractor Internet Downloaded copy Executive Engineer (E) Page 11 of 40
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