tender/eoi document (e-tender) name of work: expression of

T.E. NO. CGMT/HR/BB/556/EOI-BB-Outsourcing/GRG/34

TENDER/EOI DOCUMENT

(E-Tender)

Name of Work: Expression of Interest (EOI) for outsourcing

Acquisition, Provisioning and Maintenance of xDSL Broadband

services for Gurgaon SSA in Haryana Telecom Circle

T.E. NO. CGMT/HR/BB/556/EOI-BB-Outsourcing/GRG/34 issued on 24.08.2016

Due to open at 1130 Hrs on date 21/09/2016 BID COST=Rs 2105/-

VALIDITY OF OFFER -150 DAYS

BHARAT SANCHAR NIGAM LIMITED

( A Govt. Of India Enterprises)

O/o The Chief General Manager, Haryana Telecom Circle

107, The Mall, Ambala 133001

Tel.: 0171-2643339, FAX: 0171-2603719

E-Mail: [email protected]

Register & Corporate Office: Bharat Sanchar Bhawan, H.C.Mathur Lane, Janpath, New Delhi-110001

Corporate Identity Number (CIN): U74899DL2000GO1107739

www.bsnl.co.in


Page 1


( A Govt. Of India Enterprises)

O/o The Chief General Manager, Haryana Telecom Circle 107, The Mall, Ambala 133001

From: To, AGM (BB) ................................................. O/O CGMT Haryana Telecom Circle, ................................................. Room No 208, .................................................

107, The Mall, Ambala Cantt-133001. .............................................

Tender No CGMT/HR/BB/556/EOI-BB-Outsourcing/GRG/34 Dated: 24/08/2016

Sub: - Expression of Interest (EOI) for selection of firm(s)/partner(s) for outsourcing of

Acquisition, Provisioning and Maintenance of xDSL Broadband services for Gurgaon SSA.

Tender Enquiry No. CGMT/HR/BB/556/EOI-BB-Outsourcing/GRG/34 ………………………………………………………

Please find enclosed the tender document in respect of above mentioned tender which

contains the following.

Section No. Item Page No.

1.Part A Detailed NIT 2-5

1. Part B Newspaper NIT 6

2. Tender Information 7

3 Part A Scope of work 8-11

4 Part A General Instructions to Bidders(GIB) 12-28

4 Part B Special Instructions to Bidders(SIB) 29

4 Part C E-tendering Instructions to Bidders (If applicable) 30-34

5 Part A General (Commercial) Conditions of Contract (GCC) 35-37

5 Part B Special (Commercial) Conditions of Contract (SCC) 38-43

6 Undertaking & declaration 44-45

7 Proforma (s) 46-56

8 Bidder’s profile & Questionnaire. 57-58

9 Bid Form & BoQ (Price Schedule) 59-60

If interested, kindly submit your bid offers online on or before date & time specified in Clause 6 of

detailed NIT.

AGM (BB) Tel.: 0171-2643339

FAX: 0171-2603719 Email: [email protected]

Regd. Off.: BSNL, Bharat Sanchar Bhawan, Janpath New Delhi -110 001. Web: www.bsnl.co.in


Page 2

SECTION – 1 Part A Detailed NOTICE INVITING E-TENDER (DNIT)

BHARAT SANCHAR NIGAM LIMITED (A Government of India Enterprise)

----------------------,

------------------------ ---------------------------

NIT .No. T.E. NO. CGMT/HR/BB/556/EOI-BB-Outsourcing/GRG/34 DATED 24/08/2016

Digitally Sealed Tenders/EOI are invited by CGMT BSNL, Haryana Telecom Circle Ambala -

133001 for outsourcing of Acquisition, provisioning and maintenance of Broadband services in Gurgaon SSA for a period of three years.

S. No.

Area of Work

Estimated BB

Connections* which

may likely

to be working

for the

period

Estimated cost

of Work for Three Years

(in Rs)

Cost

of B

id D

ocum

ent

( non –

refu

ndable

) (

in R

s.

)

EMD

@2.5%

(in Rs)

Last

date

& T

ime o

f Subm

issio

n o

f

Bid

Date

& T

ime o

f bid

openin

g

1 Gurgaon

SSA 15500 1,95,25,380/- 2105/- 4,88,135/-

21/09/2016 at 1100 Hrs

21/09/2016 at 1130 Hrs

Note 1: The quantity /no. / Sites stated above are estimated and BSNL reserves the right to vary the quantity to the extent of -25 % to +25 % of specified quantity at the time of award of

the contract i.e. APO without any change in unit price or other terms & conditions.

Note 2: The estimated cost of the tender is taken as 3% of the annual billed amount of the existing broadband connections for broadband maintenance plus the cost of installation @200/-(Rupees Two hundred only) per connection by taking the average number of broadband connection in a year * no. of years for which tender is floated (i.e. 3 years).

2. Purchase of Tender Document: Tender document can be obtained by downloading it from

the website www.haryana.bsnl.co. and the tender document for participating in E-tender shall be available for downloading from CPPP E-tender portal www.eprocure.gov.in/eprocure/app

2.1 The bidders downloading the tender document are required to submit the tender fee amount through DD/ Banker’s cheque along with their tender bid in the envelope for offline document

failing which the tender bid shall be left archived unopened/ rejected. The DD/ banker’s cheque shall be drawn from any Nationalized/ Scheduled Bank in favour of “AO (Cash) O/o CGMT BSNL Haryana Telecom Circle, 107-The Mall, Ambala Cantt-133001” and payable at Ambala Cantt.

2.2 Bidder is also required to sign the NDA (Non-Disclosure Agreement).

3.0 Availability of Tender Document: The Tender document shall be available for downloading from 24/08/2016 onwards up to 1055 hrs of 21/09/2016.

3.1 In case of tenders invited through e-tendering process, physical copy of the tender document would not be available for sale.


Page 3

4. Eligibility Criteria: -

4.1 The Bidder shall be a company registered in India under the companies Act 1956/ 2013 or a partnership firm/proprietorship firm registered in India.

4.2 Financial Turnover: - Average Annual financial turnover (to be submitted along with balance Sheet certified by CA) during the last 3 years i.e. 2013-14, 2014-15 & 2015-

16, should be at least 30% of the annual estimated cost. If certified copy by CA for

2015-16 is not available then certified documents for 2012-13 will be considered. 4.3 Experience: The bidder should have experience after 1st April’2009, either of (i)

installation/maintenance of Broadband Connection OR (ii) experience of installation/ maintenance / networking of PCs/laptops OR both. Experience certificate from BSNL/ MTNL/ DoT/ Government Departments/ Government PSUs/ Nationalized banks shall

only be entertained for works executed after 1st April’2009 as follows:

S.No Experience

details to be

furnished by the bidders

Bidders showing experience

of installation/ maintenance

of Broadband Connection

Bidders showing experience

of installation/ maintenance

/ networking of PCs/ Laptops

1 Experience to

be possessed by the bidder in

terms of

physical

parameters

The bidder should have an

experience of successfully executing a single contract of

broadband installation/ maintenance with at least 10%

of the broadband connections for

which the bid is invited. The total number of broadband

connections installed/maintained

by the bidder in different contracts with different clients on

cumulative basis should be at

least 25% of the number of broadband connections for which

the bid is invited.

The bidder should have an

experience of successfully executing a single contract of

installation/ maintenance / networking of PCs/laptops of at

least 2% of the number of

broadband connections for which the bid is invited. The cumulative

experience of the bidder of

installation/ maintenance / networking of PCs/laptops in

different contracts with different

clients should be for nos. of PCs/ laptops at least 5% of the total

number of broadband connections for which the bid is

invited.

2 Experience to be possessed by

the bidder i.r.o

amount of contracts

executed by the

bidder

(Financial

parameter)

The bidder shall submit experience certificate for either

of following:-

(i) Three completed contracts each costing not less than the amount equal to 40% of the

annual estimated cost.

Or

(ii) Two completed contracts

each costing not less than the amount equal to 50% of the


Or

(iii) One completed contract costing not less than the amount

equal to 80% of the annual

estimated cost.

The bidder shall submit experience certificate for either of

following:-

(i) Three completed contracts each costing not less than the amount equal to 40% of the


Or

(ii) Two completed contracts

each costing not less than the amount equal to 50% of the


Or

(iii) One completed contract costing not less than the amount

equal to 80% of the annual

estimated cost.


Page 4

Note - a. The bidders shall submit certificates of successful execution/ completion report from

respective clients as documentary evidence to this effect.

b. Experience certificates for works executed after 1st April’2009 only will be considered.

4.4 The Firm should not be a Licensed Telecom Service Provider to provide Basic

Services/ Cellular Telephony Services/ Internet Services/ UASL/ NLD/ ILD Services

anywhere in India.

4.5 Valid PAN No.

4.6 The Bidder should also have Valid Sales/Service Tax Registration Certificate.

4.7 Document establishing that the bidder is having valid registration with EPF and ESI are required.

4.8 The bidders shall submit necessary documentary proof showing that they meet the

eligibility criteria along with their tender bid. All documents submitted will also be self

attested by the bidder.

5. Bid Security/EMD: 5.1 The bidder shall furnish the bid EMD of Rs. 488135/- (2.5 % of the total estimated cost for

three years) in one of the following ways:-

(a) Demand Draft/ Banker’s cheque drawn in favour of AO(Cash) O/o CGMT BSNL Haryana Telecom Circle, BSNL Ambala Cantt-133001 and payable at Ambala

Cantt.

b) Bank Guarantee from a scheduled bank drawn in favour of AO (Cash) O/o CGMT

BSNL Haryana Telecom Circle, BSNL Ambala Cantt-133001 and payable at Ambala Cantt. Which should be valid for 180 days (i.e. one month above the offer

validity period subject to maximum of 210 days) from the tender opening date.

5.2 The MSE units shall be exempted from submission of Bid Cost & Bid Security deposit on

production of requisite proof in respect of valid certification from MSME for the tendered item.

6. Date & Time of Submission of Tender bids: on or before 21/09/2016 1100 hrs

Note 4: In case the date of submission (opening) of bid is declared to be a holiday, the date of

submission (opening) of bid will get shifted automatically to next working day at the same scheduled time. Any change in bid opening date due to any other unavoidable reason will

be intimated to all the bidders separately.

7. Opening of Tender Bids: at 1130 hrs on date 21/09/2016

8. Place of opening of Tender bids: 8.1 The tenders shall be opened through ‘Central Public Procurement Portal(CPPP) Online by

BSNL’s Tender Opening Officers(O/o CGMT Ambala) as well as the authorized representatives of bidders can also attend the Tender Opening Event (TOE).Kindly refer clause 8 of Section-4 Part C of Tender document for further instructions.

8.2 The authorized representatives of bidders (i.e. vendor organization) can attend the TOE at DGM (NWP-CFA) Room no. 214 O/o CGMT BSNL Haryana Telecom Circle, 107-The

Mall, Ambala Cantt-133001, where BSNL’s Tender Opening Officers would be conducting Online Tender Opening Event (TOE).

9. Tender bids received after due time & date will not be accepted.

10. Incomplete, ambiguous, Conditional, unsealed tender bids are liable to be rejected.

11. “CGMT, BSNL Haryana Telecom Circle” reserves the right to accept or reject any or all

tender bids without assigning any reason. He is not bound to accept the lowest tender.


Page 5

12. Tender document for e-bidding process can be downloaded from the CPP portal

www.eprocure.gov.in from 24/08/2016 onwards up to 1055 hrs of 21/09/2016 12.1 The bidder shall furnish a declaration in his tender bid that no addition / deletion /

corrections have been made in the downloaded tender document being submitted and it is identical to the tender document appearing on the e-tender portal www.eprocure.gov.in.

12.2 In case of any correction/ addition/ alteration/ omission in the tender document, the tender

bid shall be treated as non responsive and shall be rejected summarily.

Note 5: All documents submitted in the bid offer should be preferably in English. In case the certificate viz. experience, registration etc. is issued in any other language other than English, the bidder shall attach an English translation of the same duly attested by the bidder & the translator to

be true copy in addition to the relevant certificate.

Note 6: All computer generated documents should be duly signed/ attested by the bidder/ vendor

organization.


Page 6

SECTION – 1 (Part B)

NEWS PAPER N.I.T. (NNIT)


O/o CGMT Haryana Circle, 107-The Mall Ambala Cantt-133001

NOTICE INVITING TENDER (�न�वदा आमं�ण सूचना�न�वदा आमं�ण सूचना�न�वदा आमं�ण सूचना�न�वदा आमं�ण सूचना))))

Tender No CGMT/HR/BB/556/EOI-BB-Outsourcing/GRG/34 Dated 24.08.2016

Online digitally sealed tenders are invited by “CGMT, BSNL Haryana Telecom Circle” from the prospective bidders for outsourcing of provisioning and Maintenance of Broadband services in Gurgaon SSA for three years period.

S. No.

Tender No. Name of

Area

Estim

ate

d B

B

Con

nectio

ns*

wh

ich m

ay

like

ly t

o b

e w

ork

ing for

the

pe

riod

Estim

ate

d c

ost of

Work

for

Th

ree Y

ears

( in

Rs. )

Co

st o

f B

id D

ocum

ent

( n

on –

refu

nda

ble

) (

in

Rs.

)

EM

D @

2.5

% (

in R

s. )

Last d

ate

& T

ime o

f S

ub

mis

sio

n o

f B

id

Date

& T

ime

of b

id

op

enin

g

1

CGMT/HR/BB/556/EOI-BB-Outsourcing/

GRG/34

Gurgaon

SSA 15500 19525380/- 2105/- 488135/-

21/09/2016

at

1100 Hrs

21/09/2016

at

1130 Hrs

For further detailed information, kindly visit our website www.haryana.bsnl.co.in and www.eprocure.gov.in

AGM (BB)

Tel. No. 0171-2643339

FAX No. 0171-2603719


Page 7

SECTION- 2

Tender Information

1. Type of tender- : Single Stage bidding using Two Electronic Envelopes system Note 1 :- The bidder shall submit Techno-commercial & Financial bid simultaneously.

Note 2 :- The bids will be evaluated techno-commercially first and thereafter financial bids

of techno-commercially compliant bidders only shall be opened.

2. Bid Validity Period / validity of Bid offer : 150 days from the date of tender opening and can be extended.

3. Bid Document:- a) Techno-commercial part of the bid shall contain one set of the following documents

only:-

i) EMD ii) Cost of the tender documents i.e. tender fee.

iii) Certificate(s) showing fulfillment of the eligibility criteria(s) stated in Clause 4

of the DNIT iv) Power of Attorney & authorization for executing the power of Attorney in

accordance with clause 14.3 of Section 4 Part A

v) Clause by clause compliance as per clause 11.2 of Section-4A vi) Bidder’s Profile & Questionnaire duly filled & signed. vii) Non-Relation Certificate duly filled & signed. viii) Undertaking & declaration duly filled & signed

ix) Documents stated in clause 10 of Section-4 Part A.

x) Tender/ Bid form- Section 9 Part A xi) Electronic Form- Technical

Note : In case of e-tendering, in case the bidder is unable to upload any of the documents listed above, he may submit the same physically. However EMD & cost of tender

document will be submitted in original in physical form.

b) Financial part of the bid shall contain one set of the complete price schedule as per

Section 9 part B i.e BOQ.xls Excel format file duly filled & digitally signed and any supporting documents required.

Note: - The following documents are required to be submitted offline (i.e. offline submissions) to

AGM (BB), Room no.208, O/o CGMT BSNL Haryana Telecom Circle, 107-The Mall, Ambala Cantt-133001, on or before the date & time of submission of bids in a sealed envelope.

The envelope shall bear the tender number, name of work and the phrase: “Do Not Open

Before (due date & time of opening of tender).

i) EMD – Bid security (original copy)

ii) DD/ Banker’s cheque of Tender fee iii) Power of Attorney in accordance with clause 14.4 of section 4 Part A and

authorization for executing the power of Attorney.

iV) MSE registration certificate if bidder is claiming concession for bid cost/bid security. v) Experience certificates as per clause 4 (eligibility criteria Section -1Part-1)

4. Tenders are invited online through single stage two envelope system.The first electronic envelope(technical) will contain techno-commercial and second electronic envelope

(Financial) will contain financial bid.

5. Payment terms -As detailed in clause 5 of section-5 part B of the EOI document.

6. Deleted

7. Deleted


Page 8

SECTION- 3 Part A

SCOPE OF WORK

1. Introduction

1.1 BSNL intends to select firm(s)/partner(s) for outsourcing of Acquisition, Provisioning &

Maintenance (Broadband faults at customer premises including line faults from DP (Distribution Point) to the customer premises) of BSNL’s xDSL Broadband (BB) services.

Payment toward Acquisition & provisioning shall be on per BB connection basis while payment towards maintenance shall be on Revenue Share basis.

1.2 The successful bidder shall assist BSNL in rolling out xDSL Broadband services which includes

Customer Acquisition, Provisioning & maintenance as per the terms and conditions of this EOI.

2. Successful Bidder’s responsibility: The scope of work includes customer acquisition,

provisioning and maintenance of BB connections.

2.1 Customer Acquisition:

2.1.1 Bidder shall pro-actively market BB services of BSNL, contact the prospective customers,

educate them about BSNL’s BB services and plans, get the CAF form filled and submit to

commercial officer for issuing Advice note.

2.1.2 Bidder shall conduct Door to Door campaign for getting new customers.

2.1.3 Bidder shall help in getting the applications signed from the customers and complete the

commercial formalities with BSNL.

2.2 Broadband Provisioning

2.2.1 All the new BB connections shall be provisioned within 24 hrs (Calender Hours) from the

time the provisioning work order is handed over to the bidder (i.e. after landline is put

through by BSNL). Bidder shall be given access to BSNL IT system suitably so as to enable Bidder to know about the handover of work to him. Bidder shall coordinate with BSNL area/

exchange and NIB for completion of provisioning activity.

2.2.2 The Bidder shall collect the CPE from BSNL designated location in the SSAs and complete

the installation activity at customer premises. In case of non-availability of CPEs with BSNL,

the Bidder shall advise the customer to procure the same from alternate source. Welcome pouch (if any) for the customer provided by BSNL shall be distributed by the Bidder, which

shall contain procedure for using the BB services, change of password, viewing the usage records, billing & payment methods, configuration details, contact details etc.

2.2.3 The provisioning work shall involve installation and configuration of customer premises equipment ie. Broadband CPE, informing username and password, for net browsing.

2.2.4 In order to arrive at provisioning achieved within 24 hours, the time of provisioning task completion in NIB-task (i.e. indoor activity completion) shall be recorded and considered for

the purpose.


Page 9

2.3 Broadband Service Maintenance

2.3.1 Broadband Faults are booked in BSNL IT system. A docket of Broadband Fault is generated in

the BSNL IT System mentioning the time of Booking etc. All the Broadband faults booked in BSNL IT system shall be made over to Bidder.

2.3.2 Bidder shall contact the customer immediately. For this purpose Bidder shall Provide Help Desk facility on 365 day basis (including on Sundays and holidays) from 8 A.M. to 10 P.M. at

his own premises. The response cum rectification time shall be within 24 Hrs (Calendar Hours).

2.3.3 BSNL shall provide access to BSNL IT System and also extend telecom facilities to Help Desk

(if it is in BSNL licensed area) for in-bound/out bound calling on cost basis. On net voice calls shall be free on such facility.

2.3.4 The Bidder shall take actions on the fault and within the prescribed time, send the report to

BSNL through BSNL IT System or an email address in case BSNL IT system is not working,

otherwise penalty shall be applied as prescribed.

2.3.5 In those cases when the non-working of Broadband connection is attributable to BSNL, the same shall be made over to BSNL by the bidder with comments.

2.3.6 In case of visit by Bidder’s field personnel at BSNL subscriber premises, a service report / slip shall be filled by the person and verified by the customer. The counterfoil or original

report shall be with the Bidder which can be asked by BSNL if required during inspection of the bidder’s office. This slip shall not be required for payment claim.

2.3.7 The Bidder shall not take money on behalf of BSNL from the customers on any pretext. If any complaint is received, it shall be viewed seriously and might result in termination of the

contract if the veracity of the same is established.

2.3.8 The BSNL designated authority shall clear the fault after verification.

2.3.9 Activities to be carried out by Successful Bidder in rectification of the broadband fault: The faults to be rectified by the bidder are generally of following type:

2.3.9.1 Broadband Modem Configuration: Following shall be the procedure followed

i. Whether customer owned / rental modem shall be made known to the bidder. ii. For customer owned Modem, the bidder should show the working with the imprest modem

available and offer to customer to replace the BSNL modem from the imprest stock.

iii. In such cases after providing the BSNL modem, the field person should get the necessary form filled in either for purchase or rental basis.

iv. The bidder shall submit the form centrally with the concerned BSNL section for regularizing the

replacement with BSNL modem. v. In case of modem under warranty / rented modem, it should be replaced with the imprest

modem and faulty modem should be replenished to the concerned outdoor section. The

concerned outdoor section shall make the entry of the modem type and serial number against the complaint number.

2.3.9.2 Configuration in the customer’s devices for Broadband connectivity:

i. If the Bidder’s staff finds any problem in Customer’s devices, then he/she shall show the working of the Broadband connection at the customer’s premises by connecting his/her own

Laptop on the subscriber’s line. After successful demonstration, he/she should convince the

customers regarding the fault.


Page 10

ii. Bidder shall help the customer to identify the computer software / hardware related complaints. In case the customer wishes that the customer premises computer fault be rectified by the

Bidder, the charges for the services from the customer shall be directly negotiated by bidder with the customer. It shall be the responsibility of bidder to inform customer that in such service

BSNL has no role to play and it is a direct arrangement between bidder and customer. BSNL

shall not be liable for any customer claim afterwards

2.3.9.3 Line fault: In case the bidder agent identifies the problem as line fault he shall undertake the following activity:

i. The outdoor line faults such as physical damage to the overhead wiring (drop-wire etc.)

from the DP (Distribution Point) to the customer premises shall be attended by the bidder. ii. In case the outdoor overhead wiring (drop wire etc.) condition appears to be poor, the

bidder shall change the overhead wiring (drop wire etc.) as required. The Over head wire i.e. drop-wire etc. shall be arranged by the bidder at his own cost. .

iii. The bidder shall liaison with the outdoor staff of the area for any activity to be undertaken

at the DP (Distribution Point) since the outdoor staff of BSNL is in-charge of the DP (Distribution Point).

iv. Line faults in subscriber’s premises shall be attended by the bidder like improper

connection at the splitter. v. However, maintenance of internal wiring or wiring inside the building not owned by

BSNL is to be done by the Bidder in consultation with the end customer as per their

mutually agreed terms and conditions. 2.3.9.4 Customer forgetting the password: In such case, the bidder personnel shall contact

the NIB (BSNL team) and get the password reset.

2.3.9.5 Action in case of fault in NIB/ Cable or concealed wiring fault

i. If the problem is identified as NIB problem/ cable fault or concealed wiring fault, the same shall be forwarded by the bidder to BSNL IT System .

ii. After rectification of the cable / NIB fault by BSNL team, the Bidder shall ensure that the

Broadband is working. iii. For any concealed wiring fault, as far as possible, the Bidder personnel should carry out

thorough testing at the entry point using his laptop before declaring the concealed wiring

fault and convince the customer. In multi-storey buildings, the concerned lineman of BSNL shall associate with the Bidder personnel for identifying the cable pair, if felt necessary.

2.3.9.6 Maintenance Kit for the field personnel of bidder

i. The bidder shall provide one maintenance kit to each field personnel, which should include

one set of all modems, splitter, RJ-11, RJ-45 cords, drivers, CDs etc. Maintenance kit shall be supplied by the concerned Divisional office of BSNL.

ii. The bidder shall also arrange over head wire (such as drop-wire etc.) at his own cost for fault

repair of the overhead lines. iii. The spares as indicated in point ‘i’ shall be issued by BSNL for broadband maintenance work

at subscriber premises, and it is clarified

• that BSNL shall not be liable for any loss, pilferage or damage to the goods stored and the safety of the merchandise shall be the entire responsibility of the bidder

• that the bidder Shall not have authority to sell, store or in any way dispose of the

merchandise except as provided in this agreement. • The bidder shall carry out his activity, while the premises of a customer in proper and

upright way. In the event of any complaint by the customer the agreement can be terminated.

iv. All facilities (except access to BSNL IT System) required for the maintenance of broadband

connections shall be entirely at the bidder’s cost and BSNL shall not bear the cost incurred under any circumstances. The bidder shall use its best efforts actively to maintain the

services and always act in the interest of BSNL and its subscribers.


Page 11

2.3.9.7 Time duration for the rectification of the fault

i. The time duration taken by the Bidder to attend/rectify the fault shall be as per the BSNL IT

System report. ii. Bidder shall contact the customer immediately on receipt of complaints. The response cum

rectification time is 24 Hrs (Calendar hours). iii. The fault occurrence due to Cable fault or due to DSLAM/NOC problem would not be counted for

the purpose of fault duration.

2.4 Structure of the successful bidder towards the contractual obligations

In order to execute the assigned work efficiently, successful bidder shall necessarily have the following structure:

2.4.1 The bidder should deploy adequate number of persons in the field, skilled in the activity under scope of work of bidder so that the benchmarks as prescribed in the agreement are

met. The requirement of number of persons required in the field shall be reviewed

quarterly and if necessary, the vendor has to increase the number of persons to meet the criterion of given fault rectification period.

2.4.2 All the field staff of the Bidder (whose credentials are certified in writing by the head of

the bidder ) shall be provided with the Identity cards signed by the respective officers of BSNL SSA. It shall be the responsibility of bidder to intimate the BSNL office about any

personnel joining / quitting his firm and return the sealed identity card of the individual who quits. For all the actions of field persons in the customer premises, the bidder shall be

responsible legally, financially etc.

2.4.3 The bidder shall be fully responsible for the employment or payment of wages of its employees and shall fully comply with all laws, rules, regulations, notifications, directions,

orders etc. of the Govt. whether Central, State, Local or Municipal relating to such

employment, payment of wages etc. and all other matters connected therewith and shall indemnify BSNL in this regard.

3. Scope of activity by BSNL

3.1.1 Provisioning

i. Issue of advice note

ii. Landline installation iii. Broadband advice note and configuring the plan in NIB

iv. Jumpering Activity at MDF.

3.1.2 Fault rectification

i. Receiving fault complaints

ii. Attending NIB/cable faults iii. Final testing & Closing of fault dockets


Page 12

SECTION-4 Part A

GENERAL INSTRUCTIONS TO BIDDERS (GIB)

1.0 DEFINITIONS

(a) "The Purchaser" means the Bharat Sanchar Nigam Ltd. (BSNL), New Delhi

(b) "The Bidder" means the individual or firm who participates in this tender and

submits its bid.

(c) "The Supplier" or “The Vendor” means the individual or firm supplying the goods

under the contract.

(d) "The Goods" means all the equipment, machinery, and/or other materials which the

Supplier is required to supply to the Purchaser under the contract.

(e) "The Advance Purchase Order" or “Letter of Intent” means the intention of

Purchaser to place the Purchase Order on the bidder.

(f) "The Purchase Order" means the order placed by the Purchaser on the Supplier

signed by the Purchaser including all attachments and appendices thereto and all

documents incorporated by reference therein. The purchase order shall be deemed as

"Contract" appearing in the document.

(g) "The Contract Price" means the price payable to the Supplier under the purchase

order for the full and proper performance of its contractual obligations.

(h) "Validation" is a process of testing the equipment as per the Generic Requirements in

the specifications for use in BSNL network. Validation is carried out in simulated field

environment and includes stability, reliability and environmental tests.

(i) "Telecom Service Provider" means any Telecom operator in India, who is licensed by

the Department of Telecommunications (DOT), Government of India to provide

telecom services to the general public or to the other DOT licensed Telecom

operators. "Telecom Service Provider" also refers to any Telecom operator in other

countries providing telecom services to general public of that country or to other

telecom operators of the same country.

(j) “Successful Bidder(s)” means the bidder(s) to whom work in this tender is

awarded.

2.0 ELIGIBILITY CONDITIONS:

2.1 Kindly refer to clause 4 of Section – 1 i.e. Detailed NIT.

3.0 COST OF BIDDING

3.1 The bidder shall bear all costs associated with the preparation and submission of the bid. The

Purchaser will, in no case, be responsible or liable for these costs, regardless of the conduct

or outcome of the bidding process.

4.0 DOCUMENTS REQUIRED

4.1 The goods required to be supplied; bidding procedures and contract terms and conditions are

prescribed in the Bid Documents. The contents of the Bid documents are specified in the

covering letter.

4.2 The Bidder is expected to examine all instructions, forms, terms and specifications in the Bid

Documents and clarifications/ amendments/ addenda, if any. Failure to furnish all

information required as per the Bid Documents or submission of the bids not substantially

responsive to the Bid Documents in every respect will be at the bidder's risk and may result

in rejection of the bid.


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5.0 CLARIFICATION OF BID DOCUMENTS

5.1. A prospective bidder, requiring any clarification on the Bid Documents shall notify the

Purchaser in writing by FAX or by Email of the Purchaser as indicated in the invitation of Bid.

The Purchaser shall respond in writing to any request for the clarification of the Bid

Documents, which it receives 21 days prior to the date of opening of the Tenders.

Copies of the query (without identifying the source) and clarifications by the Purchaser shall

be sent to all the prospective bidders who have received the bid documents.

5.2 Any clarification issued by BSNL in response to query raised by prospective bidders shall

form an integral part of bid documents and shall amount to an amendment of the relevant

clauses of the bid documents.

6.0 AMENDMENT OF BID DOCUMENTS

6.1 The Purchaser may, for any reason, whether at its own initiative or in response to a

clarification requested by a prospective bidder, may modify bid documents by amendments

prior to the date of submission of Bids with due notification to prospective bidders.

6.2 The amendments shall be notified in writing by FAX or Email or by Addendum through e-

tendering portal ( for tenders invited through e-tendering process)to all prospective bidders

on the address intimated at the time of purchase of the bid document from the purchaser

and these amendments will be binding on them.

6.3 In order to afford prospective bidders a reasonable time to take the amendment into

account in preparing their bids, the purchaser may, at its discretion, extend the deadline for

the submission of bids suitably.

7.0 DOCUMENTS COMPRISING THE BID

The bid prepared by the bidder shall ensure availability of the following components:

(a) Documentary evidence establishing that the bidder is eligible to bid and is qualified to

perform the contract if its bid is accepted in accordance with the clause 2 & 10.

(b) Bid Security furnished in accordance with clause 12.

(c) A Clause by Clause compliance as per clause 11.2 (c)

(d) A Bid form and price schedule completed in accordance with clause 8 & 9.

8.0 BID FORM

8.1 The bidder shall complete the bid form and appropriate Price Schedule furnished in the Bid

Documents, indicating the goods to be supplied, brief description of the goods, quantity and

prices as per section- 9.

9.0 (Deleted)

10.0 DOCUMENTS ESTABLISHINGBIDDER'S ELIGIBILITY AND QUALIFICATION

10.1. The bidder shall furnish, as part of the bid documents establishing the bidder's eligibility, the

following documents or whichever is required as per terms and conditions of Bid Documents.

a) Valid MSE certificate, if applicable. In case the ownership of such MSE Entrepreneurs

happens to be from SC/ST category, proof in this regard also need to be submitted.

b) (Not applicable)

c) (Not applicable)

d) Additional documents to establish the eligibility and qualification of bidder as specified in

Section-I and Section-4 Part B.

e) Power of Attorney as per clause 14.3 (a), (d) and (e) and authorization for executing the

power of Attorney as per clause 14.3 (b) or (c).

f) Documentary proof of applicable rate of ED/ CD/ Sales Tax/ VAT /Service Tax/EPF

Registration/ESI Registration.


Page 14

g) (Not applicable)

h) Certificates from all Directors of the bidder stating that none of their near relatives are

working in BSNL in accordance with clause 34.

i) Certificate of incorporation.

j) Article or Memorandum of Association or partnership deed or proprietorship deed as the case

may be.

k) List of all Directors including their name(s), Director Identification Number(s) (DIN) and

address (es) along with contact telephone numbers of office and residence.

l) (Not applicable)

m) (Not applicable)

10 .2 Documentary evidence for financial and technical capability

a) The bidder shall furnish audited Annual Report and /or a certificate from its bankers to

assess its solvency/financial capability.

b) The bidder shall furnish documentary evidence about technical capability necessary to

perform the contract.

10.3 (Not applicable)



10.6. (Not applicable)


11.0 DOCUMENTS ESTABLISHING GOODS’ CONFORMITY TO BID DOCUMENTS

11.1 Pursuant to clause 7, the bidder shall furnish, as part of its bid, documents establishing the

conformity of its bid to the Bid Documents of all goods and services which he proposes to

supply under the contract.

11.2 The documentary evidences of the "goods and services" conformity to the Bid Documents

may be, in the form of literature, drawings, data etc. and the bidder shall furnish:

(a) a detailed description of goods with essential technical and performance

characteristics;

(b) a list, giving full particulars including available sources and current prices of all spare

parts, special tools, etc., necessary for the proper and continuous functioning of the

goods for a period of three years following commencement of use of the goods by the

purchaser, and

(c) a clause-by-clause compliance on the purchaser's Technical Specifications and

Commercial Conditions demonstrating substantial responsiveness to the Technical

Specifications and Commercial Conditions. In case of deviations, a statement of the

deviations and exception to the provision of the Technical Specifications and

Commercial Conditions shall be given by the bidder. A bid without clause-by-clause

compliance of the Scope of Work (Section-3 Part A), General (Commercial) Conditions

& Special (Commercial) Conditions (Section- 5 Part A & B ) shall not be considered.

11.3 For the purpose of compliance to be furnished pursuant to the clause11.2(c) above, the

bidder shall note that the standards for the workmanship, material and equipment and

reference to the brand names or catalogue number, designated by the Purchaser in its

Technical specifications are intended to be descriptive only and not restrictive.

12.0 BID SECURITY / EMD

12.1 The bidder shall furnish, as part of its bid, a bid security as mentioned in Section-1(DNIT).


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12.2 The MSME bidders are exempted from payment of bid security:

a) A proof regarding valid registration with body specified by ministry of micro, small &

medium Enterprise for the tendered items will have to be attached along with the bid.

b) The enlistment certificate issued by MSME should be valid on the date of opening of

tender.

c) MSME unit is required to submit its monthly delivery schedule

d) If a vendor registered with body specified by ministry of micro, small & medium Enterprise

claiming concessional benefits is awarded work by BSNL and subsequently fails to obey any

of the contractual obligations, he will be debarred from any further work/contract by BSNL

for one year from the date of issue of such order.

12.3 The bid security is required to protect the purchaser against the risk of bidder's conduct,

which would warrant the forfeiture of bid security pursuant to Para 12.7.

12.4. A bid not secured in accordance with Para 12.1 & 12.2 shall be rejected by the Purchaser

being non-responsive at the bid opening stage and archived unopened on e-tender portal for

e-tenders.

12.5 The bid security of the unsuccessful bidder will be discharged/ returned as promptly as

possible and within 30 days of finalization of the tender or expiry of the period of the bid

validity period prescribed by the purchaser pursuant to clause 13.

12.6 The successful bidder's bid security will be discharged upon the bidder's acceptance of the

advance purchase order satisfactorily in accordance with clause 27 and furnishing the

performance security, except in case of L-1 bidder, whose EMBG/EMD shall be released only

after the finalization of ordering of complete tendered quantity in pursuance to clause no.

24.4 & 27.3 of this section.

12.7 The bid security may be forfeited:

a) If the bidder withdraws or amends its bid or impairs or derogates from the bid in any

respect during the period of bid validity specified by the bidder in the bid form or

extended subsequently; or

b) If the bidder does not accept the APO/ AWO and/ or does not submit PBG & sign the

contract/ agreement in accordance with clause 28.

13.0 PERIOD OF VALIDITY OF BIDS

13 .1 Bid shall remain valid for period specified in clause 2 of Tender Information. A bid valid for a

shorter period shall be rejected by the purchaser being non-responsive.

13.2 In exceptional circumstances, the purchaser may request the consent of the bidder for an

extension to the period of bid validity. The request and the response thereto shall be made in

writing. The bid security provided under clause 12 shall also be suitably extended. The bidder

may refuse the request without forfeiting its bid security. A bidder accepting the request and

granting extension will not be permitted to modify its bid.

14.0 FORMAT AND SIGNING OF BID

14.1 The bidder shall submit his bid, online, complying all eligibility conditions, other terms and

conditions of tender document to be read along with the clarifications and amendments

issued in this respect. All the documents must be authenticated, using Digital Signature by

the authorized person. The letter of authorization shall be indicated by written power-of-

attorney accompanying the bid.

Note:-The Purchaser may ask the bidder(s) to supply, besides original bid, additional copy of bids as

required by him.

14.2. The bid shall contain no interlineations, erasures or overwriting except as necessary to

correct errors made by the bidder in which case such corrections shall be signed by the

person or persons signing the bid. All pages of the original bid, except for un-amended

printed literatures, shall be digitally signed by the person or persons signing the bid.


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14.3 Power of Attorney

(a) The power of Attorney should be submitted and executed on the non-judicial stamp

paper of appropriate value as prevailing in the concerned states(s) and the same be

either attested by a Notary public or registered before Sub-registrar of the state(s)

concerned.

(b) The power of Attorney be executed by a person who has been authorized by the Board

of Directors of the bidder in this regard, on behalf of the Company/ institution/ Body corporate. Copy of Board resolution / authorization shall also be submitted along with

POA.

(b) In case of the bidder being a firm, the said Power of Attorney should be executed by all

the partner(s) in favour of the said Attorney.

(d) Attestation of the specimen signatures of authorized signatory by the Company’s/ firm’s

bankers shall be furnished. Name, designation, Phone number, mobile number, email

address and postal address of the authorized signatory shall be provided.

(e) In case the representative of bidder company, who uploads the documents on

e-tender portal using his Digital Signature Certificate (DSC), is different from

the authorized signatory for the bid (Power of Attorney holder) then the representative who uploads the documents on e-tender portal using DSC

issued in his name, shall also be made as one of the Power of Attorney holder

by the bidder Company, in addition to the authorized signatory for the bid.

15.0 SEALING AND MARKING OF BIDS

15.1 The bid should be submitted as per Clause 3 of tender information.

15.1.1 The bids shall be submitted online using Single Stage Bidding & Two Envelope

methodology .The first envelope (Techno-commercial bid): This envelope shall contain

documents of bidders satisfying the eligibility / Technical & commercial conditions

requirements. Second envelope will be named as financial bid containing price Schedule as

per section 9Part-B

15.2 a) The envelope for submission of offline documents shall be addressed to the purchaser

inviting the tender at the address given below:-

AGM (BB) O/o CGMT BSNL, Haryana Telecom Circle, Room No. 208,

107, The Mall, Ambala Cantt -133001.

b) The envelope shall bear the name of the tender, the tender number and the words

'DO NOT OPEN BEFORE' (due date & time).

c) The envelope shall indicate the name and complete postal address of the bidder to

enable the purchaser to return the bidder’s offline documents unopened in case

it is declared to be received 'late'.

d) Envelope containing offline documents should be deposited in the tender box provided

by tendering authority or sent by registered post or delivered in person on above

mentioned address (address is given in Clause 15.2 (a) above). The responsibility for

ensuring that the tenders are delivered in time would vest with the bidder.

e) Envelope containing offline documents should be delivered up to specified time & date

as stated in DNIT in the office of AGM (BB) O/o CGMT BSNL, Haryana Telecom

Circle, Room No. 208, 107, The Mall, Ambala Cantt

The purchaser shall not be responsible if the bids are delivered elsewhere.

f) Venue of Tender Opening:

Tenders will be opened at DGM(NWP-CFA), Room No. 214 O/o CGMT, Haryana

Telecom Circle, 107, The Mall, Ambala Cantt at specified time & date as

stated in DNIT. If due to administrative reasons, the venue of Bid opening is

changed; it will be displayed prominently on the Notice Board Ground Floor % CGMT

Haryana Telecom Circle Bharat Sanchar Nigam Limited 107, The Mall Ambala Cantt.


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15.3 If the envelopes are not sealed and marked as required at para 15.1 and 15.2, the bid shall

be rejected.

16. 0 SUBMISSION OF BIDS

16.1. Bids must be submitted by the bidders on or before the specified date & time indicated in

Clause 6 of Section-I i.e. DNIT.

16.2 The Purchaser may, at its discretion, extend this deadline for the submission of bids by

amending the Bid Documents in accordance with clause 6(Section-4 Part A) in which case all

rights and obligations of the purchaser and bidders previously subject to the deadline will

thereafter be subjected to the extended deadline.

16.3 The bidder shall submit its bid offer against a set of bid documents purchased by him for all

or some of the systems/ equipment as per requirement of the Bid Documents. He may

include alternate offer, if permissible as per the bid. However, not more than one

independent and complete offer shall be permitted from the bidder.

17.0 LATE BIDS

17.1 No bid shall be accepted either online by E-Tender Portal or physically in case of manual

bidding process after the specified deadline for submission of bids prescribed by the

purchaser.

18 MODIFICATION AND WITHDRAWAL OF BIDS

18 .1 The bidder may modify, revise or withdraw his bid after submission prior to deadline

prescribed for submission of bid.

18.2 The bidder’s modification, revision or withdrawal shall have to be online and digitally

authenticated as per clause 15.

18.3 Subject to clause 20, no bid shall be modified subsequent to the deadline for submission of

bids.

19.0 OPENING OF BIDS BY PURCHASER

19.1 The purchaser shall open bids online in the presence of the authorized representatives of

bidders who chose to attend, at time & date specified in Clause 7 of D NIT(Section-1) on due

date.

The bidder's representatives, who are present, shall sign in an attendance register. Authority

letter to this effect shall be submitted by the authorized representatives of bidders before

they are allowed to participate in bid opening (A Format is given in enclosed in Section-7 C).

19.2 A maximum of two representatives of any bidder shall be authorized and permitted to attend

the bid opening.

19.3 Name of envelopes to be opened & information to be read out by Bid Opening Committee

(i) At the time of opening the bids, initially envelope containing offline documents of all

bidders will be opened. The Electronic envelope consisting Techno Commercial bids of

only those bidders will be admitted who would have submitted required documents as

offline submissions.

(ii) In Single stage bidding & two envelopes system; the bids will be opened in 2 stages i.e.

the techno-commercial bid shall be opened on the date & time of tender opening given

in NIT. The financial bid will not be opened on the Date of opening of techno

commercial bids.

Thereafter the CET will evaluate Techno-commercial bids & the report of CET will be

approved by competent authority.


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The financial bids of those bidders who are approved to be techno-commercially

compliant by the competent authority, will be opened by TOC in front of techno

commercially eligible bidders/ authorized representatives by sending them a suitable

notice.

(iii) The following information should be read out at the time of Techno-commercial bid

opening:-

a) Name of the Bidder

b) Name of the item

c) EMD amount & validity and acceptability

d) Information in respect of eligibility of the bidder.

e) Details of bid modification/ withdrawal, if applicable.

(iv) The following information should be read out at the time of Financial bid opening:-

a) Name of the Bidder b) Name of the item

c) Quantities/prices quoted in the bid

d) Discount, if offered e) Taxes & levies

19.4 The date fixed for opening of bids, if subsequently declared as holiday by the BSNL, the

revised date of schedule will be notified. However, in absence of such notification, the bids

will be opened on next working day, time and venue remaining unaltered.

20.0 CLARIFICATION OF BIDS

20.1 To assist in the examination, evaluation and comparison of bids, the purchaser may, at its

discretion ask the bidder for the clarification of its bid. The request for the clarification and the

response shall be in writing. However, no post bid clarification at the initiative of the bidder

shall be entertained.

20.2 If any of the documents, required to be submitted along with the technical bid is found

wanting, the offer is liable to be rejected at that stage. However the purchaser at its

discretion may call for any clarification regarding the bid document within a stipulated time

period. In case of non compliance to such queries, the bid will be out rightly rejected without

entertaining further correspondence in this regard.

21.0 (Refer Clause 1 of Section-4 Part-B)

22.0 (Refer Clause 1 of Section-4 Part-B)

23.0 CONTACTING THE PURCHASER

23.1 Subject to Clause 20, no bidder shall try to influence the Purchaser on any matter relating to

its bid, from the time of the bid opening till the time the contract is awarded.

23.2 Any effort by a bidder to modify its bid or influence the purchaser in the purchaser's bid

evaluation, bid comparison or contract award decision shall result in the rejection of the bid.

24.0 PLACEMENT OF ORDER / AWARD OF WORK

24.1 After evaluation of financial proposals (bids), BSNL shall prepare a separate list of Bidders

arranged in increasing order of % revenue share demanded by bidders starting from the

lowest (i.e. L1, L2, L3 and so on), for the purpose of awarding work. The BSNL reserve the right to counter offer revenue share against quoted revenue share by any bidder.

24.2 L1 shall be considered for awarding of complete work.

24.3 Deleted 24.4 Deleted

24.5 Deleted 24.6 Deleted

25. Deleted


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26. BSNL'S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS

BSNL reserves the right to accept or reject any bid, and to annul the bidding process and

reject all bids, at any time prior to award of contract without assigning any reason

whatsoever and without thereby incurring any liability to the affected bidder or bidders on

the grounds of BSNL’s action.

27. ISSUE OF ADVANCE PURCHASE ORDER (WORK ORDER)

27.1. The issue of Work Order shall constitute the intention of BSNL to enter into contract with the

bidder.

27.2 The bidder shall within 14 days of issue of the work order, give its acceptance along with

performance security in conformity with the proforma provided with the bid document at

Section-7B. The Bidder shall also sign an agreement (framed on the terms and conditions of

the EOI by BSNL to be made available to the bidder along with work order) within this period

after submission of the performance security.

27.3 Deleted

28. SIGNING OF CONTRACT

28.1 The issue of Purchase order shall constitute the award of contract on the bidder.

28.2 Upon the successful bidder furnishing performance security pursuant to clause 27, the

Purchaser shall discharge the bid security in pursuant to clause 12, except in case of L-1

bidder, whose EMBG/ EMD shall be released only after finalization of order.

29. ANNULMENT OF AWARD

Failure of the successful bidder to comply with the requirement of clause 27 & 28 shall

constitute sufficient ground for the annulment of the award and the forfeiture of the bid

security in which event the Purchaser may make the award to any other bidder at the

discretion of the purchaser or call for new bids.

30. Not Applicable

31. REJECTION OF BIDS

31.1 While all the conditions specified in the Bid documents are critical and are to be complied,

special attention of bidder is invited to the following clauses of the bid documents. Non-

compliance of any one of these shall result in outright rejection of the bid.

a) Clauses 12.1, 12.2 & 13.1 of Section- 4 Part A: The bids will be rejected at opening

stage if Bid security is not submitted as per Clauses 12.1 & 12.2 and bid validity is

less than the period prescribed in Clause 13.1 mentioned above.

b) Clause 2 & 10 of Section-4Part A: If the eligibility condition as per clause 2 of Section

4 Part A is not met and/ or documents prescribed to establish the eligibility as per

Clause 10 of section 4 Part A are not enclosed, the bids will be rejected without

further evaluation.

c) Clause 11.2 (c) of Section-4 Part A: If clause-by-clause compliance as well as

deviation statements as prescribed are not given, the bid will be rejected at the stage

of primary evaluation.

d) While giving compliance to Section-5 Part A, General Commercial conditions, Section-

4 Part B, Special Instructions to Bidders, Section-5B Special (Commercial) &

Conditions of Contract ambiguous words like "Noted", "Understood", “Noted &

Understood" shall not be accepted as complied. Mere "Complied" will also be not

sufficient, reference to the enclosed documents showing compliances must be given.

e) Section-9 Price Schedule: Prices are not filled in as prescribed in price schedule.

f) Deleted


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31.2 Before outright rejection of the Bid by Bid-opening team for non-compliance of any of the

provisions mentioned in clause 31.1(a), 31.1(b) of Section-4PartA, the bidder company is

given opportunity to explain their position, however if the person representing the company

is not satisfied with the decision of the Bid opening team, he/they can submit the

representation to the Bid opening team immediately but in no case after closing of the tender

process with full justification quoting specifically the violation of tender condition if any.

31.3 Bid opening team will not return the bids submitted by the bidders on the date of tender

opening even if it is liable for rejection and will preserve the bids in sealed cover as

submitted by taking the signatures of some of the desirous representatives of the

participating bidder/companies present on the occasion.

31.4 The in-charge of Bid opening team will mention the number of bids with the name of the

company found unsuitable for further processing on the date of tender opening and number

of representations received in Bid opening Minutes and if Bid opening team is satisfied with

the argument of the bidder/company mentioned in their representation and feel that there is

prima-facie fact for consideration, the in-charge of the bid opening team will submit the case

for review to Officer competent to approve the tender as early as possible preferably on next

working day and decision to this effect should be communicated to the bidder company

within a week positively. Bids found liable for rejection and kept preserved on the date of

tender opening will be returned to the bidders after issue of P.O. against the instant tender.

31.5 If the reviewing officer finds it fit to open the bid of the petitioner, this should be done by

giving three (working) days notice to all the participating bidders to give opportunity to

participants desirous to be present on the occasion.

32. ACTION BY BSNL AGAINST BIDDER(S)/ VENDOR(S) IN CASE OF DEFAULT.

In case of default by Bidder(s)/ Vendor(s) such as

a) Bidder does not Start the activity in time;

b) Bidder does not perform satisfactory in the field in accordance with the specifications;

c) Or any other default whose complete list is enclosed in Appendix-1.

Purchaser will take action as specified in Appendix-1 of this section.

33. Clause deleted.

.

34. NEAR-RELATIONSHIP CERTIFICATE

34.1. The bidder should give a certificate that none of his/ her near relative, as defined below, is

working in the units 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 and full time Directors of

PSUs both state and central. 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.

34.2. The Company or firm or the person will also be debarred for further participation in the

concerned unit.

34.3 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).

34.4. The format of the certificate is given in Section 6 (B).


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35. VERIFICATION OF DOCUMENTS AND CERTIFICATES

The bidder will ensure that all the documents and certificates, including experience/

performance and self certificates submitted by him are correct and genuine before enclosing

them in the bid. The onus of proving genuineness of the submitted documents would rest

with the bidder.

If any document/ paper/ certificate submitted by the participant bidder is found / discovered

to be false / fabricated / tempered / manipulated either during bid evaluation or during

award of contract or thereafter, then the Purchaser will take action as per Clause-1 of

Appendix-1 of this section.

36. Security Clause as per latest guidelines and requirement

Mandatory Licensing requirements with regards to security related concerns issued by the

Government of India from time-to-time shall be strictly followed and appropriate clauses

shall be added in all bid documents. Necessary guidelines in this regard shall be issued

separately.

37. Reservation/ Procurement from MSE units: The guidelines / instructions /laws issued vide D.O. no 21(1) -2011-M.A..April 25th, 2012 from Ministry of Micro, Small & Medium

Enterprise (MSME) with respect to provisions for Micro & Small Enterprises (MSEs) shall be

followed.


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Appendix-1 to Section 4 Part A

S.

No.

Defaults of the bidder / vendor. Action to be taken

A B C

1(a) Submitting fake / forged

i) Rejection of tender bid of respective Vendor.

ii) Banning of business for 3 years which implies barring further dealing with the vendor

for procurement of Goods & Services including

participation in future tenders invited by BSNL for 3 years from date of issue of banning order.

iii) Termination/ Short Closure of PO/WO, if

issued. This implies non-acceptance of further supplies / work & services except to make the

already received material work/ complete work in hand.

a) Bank Instruments with the bid to meet

terms & condition of tender in respect of

tender fee and/ or EMD;

b) Certificate for claiming exemption in respect of tender fee and/ or EMD;

and detection of default at any stage from receipt of bids till award of APO/ issue of

PO/WO.

Note 1:- However, in this case the performance guarantee if alright will not be forfeited.

Note 2:- Payment for already received supplies/ completed work shall be made as per

terms & conditions of PO/ WO.

1(b) Submitting fake / forged documents

towards meeting eligibility criteria such as experience capability, supply proof,

registration with Sales Tax, Income Tax departments etc and as supporting documents towards other terms &

conditions with the bid to meet terms &

condition of tender :

(i) If detection of default is prior to

award of APO

i) Rejection of Bid &

ii) Forfeiture of EMD.

(ii) If detection of default after issue of APO but before receipt of PG/ SD (DD,BG

etc.)

i) Cancellation of APO , ii) Rejection of Bid &

iii) Forfeiture of EMD.


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S. No.


A B C

1(b) cont

d.

(iii) If detection of default after

receipt of PG/ SD (DD,BG etc.) .

i) Cancellation of APO

ii) Rejection of Bid & iii) Forfeiture of PG/ SD. However on realization of PG/ SD

amount, EMD, if not already released shall be returned.

(iv) If detection of default after

issue of PO/ WO

i) Termination/ Short Closure of PO/WO

and Cancellation of APO

ii) Rejection of Bid & iii) Forfeiture of PG/ SD.

However on realization of PG/ SD

amount, EMD, if not released shall be returned.

Note 3:- However, settle bills for the material received in correct quantity

and quality if pending items do not affect working or use of supplied items.

Note 4:- No further supplies are to be accepted except that required to make

the already supplied items work.

2 If vendor or his representative uses

violent/ coercive means viz.

Physical / Verbal means to threatens BSNL Executive /

employees and/ or obstruct him

from functioning in discharge of his duties & responsibilities for the

following :

Banning of business for 3 years which

implies Barring further dealing with the

vendor for procurement of Goods & Services including participation in future

tenders invited by BSNL for 3 years from date of issue of banning order.

a) Obstructing functioning of tender opening executives of BSNL

in receipt/ opening of tender bids from prospective Bidders,

suppliers/ Contractors.

b) Obstructing/ Threatening other

prospective bidders i.e. suppliers/

Contractors from entering the tender venue and/ or submitting

their tender bid freely.

3 Non-receipt of acceptance of APO/

AWO and SD/ PG by L-1 bidder

within time period specified in APO/ AWO.

Forfeiture of EMD.


Page 24

S. No.


A B C

4.1 Failure to supply and/ or Commission the equipment and /or execution of the work at all even in

extended delivery schedules, if granted against PO/ WO.

i) Termination of PO/ WO. ii) Under take purchase/ work at the risk & cost of defaulting vendor.

iii) Recover the excess charges if incurred from the PG/ SD and

outstanding bills of the defaulting

Vendor.

4.2 Failure to supply and/ or

Commission the equipment and /or execution of the Work in full even in extended delivery schedules, if granted against PO/ WO.

i) Short Closure of PO/ WO to the

quantity already received by and/ or commissioned in BSNL and/ or in pipeline provided the same is usable and/or the Vendor promises to make it

usable.

ii) Under take purchase/ work for balance quantity at the risk & cost of

defaulting vendor.

iii) Recover the excess charges if incurred from the PG/ SD and

outstanding bills of the defaulting

Vendor.

5.1 The supplied equipment does not

perform satisfactory in the field in accordance with the specifications

mentioned in the PO/ WO/Contract.

i) If the material is not at all

acceptable, then return the non-acceptable material (or its part) &

recover its cost, if paid, from the o/s bills/ PG/ SD. OR

ii) If the material is inducted in

network & it is not possible to return it and/ or material is acceptable with

degraded performance, the purchaser may determine the price for degraded

equipment (Financial penalty = Price –

price determined for degraded equipment) himself and/ or through a

committee.

Undertake recovery of financial penalty from outstanding dues of vendor

including PG/ SD.


Page 25

S. No.


A B C

5.2 Major quality problems (as established by a joint team /

committee of User unit(s) and QA

Circle) / performance problems and non-rectification of defects (based

on reports of field units and QA

circle).

i) If the material is not at all acceptable, then return the non-acceptable material

(or its part) & recover its cost, if paid,

from the o/s bills/ PG/ SD; OR

ii) If the material is inducted in network

& it is not possible to return it and/ or material is acceptable with degraded

performance, the purchaser may determine the price for degraded equipment (Financial penalty = Price –


committee.

Undertake recovery of financial penalty from outstanding dues of vendor including

PG/ SD;

and iii) Withdrawal of TSEC/ IA issued by QA

Circle.

6

Submission of claims to BSNL against a contract

i) Recovery of over payment from the outstanding dues of Vendor including

EMD/ PG & SD etc. and by invoking ‘Set off’ clause 21 of Section 5 Part A or by

any other legal tenable manner.

ii) Banning of Business for 3 years from date of issue of banning order or till the

date of recovery of over payment in full,

whichever is later.

(a) for amount already paid by

BSNL .

(b) for Quantity in excess of that supplied by Vendor to BSNL.

c) for unit rate and/ or amount higher than that approved by BSNL

for that purchase.

Note 5:- The claims may be submitted with or without collusion of BSNL Executive/ employees.

Note 6:- This penalty will be imposed irrespective of the fact that payment is

disbursed by BSNL or not.

7

Network Security/ Safety/ Privacy:-

If the vendor tampers with the hardware, software/ firmware or in

any other way that

i) Termination of PO/ WO.

ii) Banning of business for 3 years which implies barring further dealing with the

vendor for procurement of Goods &

Services including participation in future tenders invited by BSNL for 3 years from date of issue of banning order.

iii) Recovery of any loss incurred on this account from the Vendor from its PG/ SD/

O/s bills etc.

a) Adversely affects the normal

working of BSNL equipment(s) and/ or any other TSP through

BSNL.


Page 26

S.

No.

Defaults of the bidder / vendor.

Action to be taken

A B C

7

con-td.

b) Disrupts/ Sabotages functioning

of the BSNL network equipments such as exchanges, BTS, BSC/

MSC, Control equipment including IN etc., transmission equipments

but not limited to these elements

and/ or any other TSP through BSNL.

iv) Legal action will be initiated by BSNL against the Vendor if required.

c) tampers with the billing related

data/ invoicing/ account of the Customer/ User(s) of BSNL and/

or any other TSP(s).

d) hacks the account of BSNL Customer for unauthorized use

i.e. to threaten others/ spread

improper news etc.

e) undertakes any action that

affects/ endangers the security of

India.

8 If the vendor is declared bankrupt or

insolvent or its financial position has

become unsound and in case of a limited company, if it is wound up or

it is liquidated.

i) Termination/ Short Closure of the PO/

WO.

ii) Settle bills for the quantity received in correct quantity and quality if pending

items do not affect working or use of

supplied items. iii) No further supplies are to be accepted

except that required to make the already

supplied items work. iv) In case of turnkey projects, If the

material is commissioned and is usable without any degradation of performance,

then settle bills for the acceptable equipment/ material (or its part). v) In case of turnkey projects, if the

material is inducted in network & it is not

possible to return it and/ or material is acceptable with degraded performance,

the purchaser may determine the price

for degraded equipment (Financial penalty = Price – price determined for

degraded equipment) himself and/ or through a committee.


Page 27

S. No.


A B C

8 con-

td.


including PG/ SD.

9 In the event of the vendor, its proprietor, Director(s), partner(s)

is / are convicted by a Court of Law

following prosecution for offences involving moral turpitude in

relation to the business dealings.

i) Termination/ Short Closure of the PO/ WO.

ii) Settle bills for the material received

in correct quantity and quality if pending items do not affect working or use of

supplied items.

iii) No further supplies are to be accepted except that required to make

the already supplied items work. iv) In case of turnkey projects, If the

material is commissioned and is usable

without any degradation of performance, then settle bills for the

acceptable equipment/ material (or its

part). v) In case of turnkey projects, If the material is inducted in network & it is

not possible to return it and/ or material is acceptable with degraded

performance, the purchaser may determine the price for degraded

equipment (Financial penalty = Price –


committee.


including PG/ SD.

10

If the vendor does not return/ refuses to return BSNL’s dues:

i) Take action to appoint Arbitrator to adjudicate the dispute.

a) inspite of order of Arbitrator. i) Termination of contract, if any.

ii) Banning of business for 3 years which implies barring further dealing with the

vendor for procurement of Goods &

Services including participation in future tenders invited by BSNL from date of

issue of banning order or till the date by which vendor clears the BSNL’s dues,

whichever is later.


Page 28

S. No.


A B C

10 con-

td.

iii) Take legal recourse i.e. filing recovery suite in appropriate court.

b) inspite of Court Orders. i) Termination of contract, if any.

ii) Banning of business for 3 years which implies barring further dealing

with the vendor for procurement of

Goods & Services including participation in future tenders invited by BSNL from

date of issue of banning order or till the

date by which vendor clears the BSNL’s dues, whichever is later.

11 If the Central Bureau of

Investigation/ Independent External Monitor (IEM) / Income

Tax/ Sales Tax/ Excise / Custom Departments recommends such a course

Take Action as per the directions of CBI

or concerned department.

12 The following cases may also be

considered for Banning of business:

i) Banning of business for 3 years which implies Barring further dealing

with the vendor for procurement of

Goods & Services including participation in future tenders invited by BSNL for 3

years from date of issue of banning

order.

(a) If there is strong justification for believing that the proprietor, manager, MD, Director, partner, employee or representative of the

vendor/ supplier has been guilty of

malpractices such as bribery, corruption, fraud, substitution of

tenders, interpolation,

misrepresentation with respect to the contract in question.

(b) If the vendor/ supplier fails to

execute a contract or fails to execute it satisfactorily beyond the

provisions of Para 4.1 & 4.2.

(c) If the vendor/ supplier fails to submit required documents/

information, where required.

(d) Any other ground which in the opinion of BSNL is just and proper to order for banning of

business dealing with a vendor/

supplier.

Note 7: The above penalties will be imposed provided it does not clash with the provision of the respective tender.

Note 8:-In case of clash between these guidelines & provision of invited tender, the

provision in the respective tender shall prevail over these guidelines.

Note 9: Banning of Business dealing order shall not have any effect on the existing/ ongoing works/ AMC / CAMC which will continue along with settlement of

Bills.


Page 29

SECTION-4 Part B

SPECIAL INSTRUCTIONS TO BIDDERS

The Special Instructions to Bidders shall supplement the 'Instructions to Bidders' and in case of any

conflict with those in Section-4 Part A i.e. GENERAL INSTRUCTIONS TO BIDDERS (GIB), the

provisions herein shall prevail.

1. PRELIMINARY EVALUATION

1.1 Purchaser shall evaluate the bids to determine whether they are complete, whether any

computational errors have been made, whether required sureties have been furnished,

whether the documents have been properly signed and whether the bids are generally in

order.

1.2 If there is a discrepancy between words and figures, the amount in words shall prevail. If the

supplier does not accept the correction of the errors, its bid shall be rejected.

1.3 Prior to the detailed evaluation pursuant to clause 2, the Purchaser will determine the

substantial responsiveness of each bid to the Bid Document. For purposes of these clauses, a

substantially responsive bid is one which confirms to all the terms and conditions of the Bid

Documents without material deviations. The purchaser's determination of bid's responsiveness

shall be based on the contents of the bid itself without recourse to extrinsic evidence.

1.4 A bid, determined as substantially non-responsive will be rejected by the purchaser and shall

not subsequent to the bid opening be made responsive by the bidder by correction of the non-

conformity.

1.5 The Purchaser may waive any minor infirmity or non-conformity or irregularity in a bid which

doesn't constitute a material deviation, provided such waiver doesn't prejudice or affect the

relative ranking of any bidder.

2. EVALUATION AND COMPARISON OF SUBSTANTIALLY RESPONSIVE BIDS

2.1 The Purchaser shall evaluate in detail and compare the bids previously determined to be

substantially responsive pursuant to clause 1.

2.2 The financial proposals of only those Bidders, whose techno-commercial proposals have been

determined as substantively responsive, shall be opened.

2.3 Financial evaluation shall be done separately and independently for each SSA.

2.4 The financial bid shall be evaluated as per revenue share % (up to two decimal points) quoted

by the Bidder to be paid by BSNL. After evaluation, BSNL shall prepare a list of Bidders,

arranged in increasing order of the quoted revenue share starting from the lowest (i.e. L1, L2,

L3 and so on) separately for each SSA for the purpose of awarding work.

3. FINANCIAL PROPOSAL

The Firm shall submit the financial bid as per format in Section 9-Part B.

3.1 The Financial offer should be strictly in the format as at Section 9 (B) and any

variation may render the offer invalid. 3.2 Upper limit of the revenue share that the bidder can quote is 3% towards broadband

maintenance.

3.3 The revenue share % should be limited to 2 decimal points only. Any figure after 2 decimal points shall be ignored for all purpose.

3.4 In case of variation between rate mentioned in figures & words, the amount in words

shall prevail.


Page 30

Section- 4 Part C

E-tendering Instructions to Bidders

General

The Special Instructions (for e-Tendering) supplement ‘Instruction to Bidders’, as given in this Tender Document. Submission of Online Bids is mandatory for this Tender. E-Tendering is a new

methodology for conducting Public Procurement in a transparent and secured manner. Suppliers/

Vendors will be the biggest beneficiaries of this new system of procurement. For conducting electronic tendering, BSNL Haryana Circle has decided to use the Portal

(http://www.eprocure.gov.in) through Central Public Procurement Portal, Government of India. Benefits to Suppliers are outlined on the Home-page of the portal.

Instructions

1. Tender Bidding Methodology: Sealed Bid System – ‘Single Stage - Two Envelopes’.

(Financial & Technical bid shall be submitted at the same time)

2. Broad outline of activities from Bidders prospective:

1. Procure a Digital Signing Certificate (DSC)

2. Register on Central Public Procurement Portal (CPPP)

3. Create Users and assign roles on CPPP

4. View Notice Inviting Tender (NIT) on CPPP

5. Download Official Copy of Tender Documents from CPPP

6. Clarification to Tender Documents on CPPP

– Query to BSNL (Optional)

- View response to queries posted by BSNL as addenda.

7. Bid-Submission on CPPP-

Prepare & arrange all document/paper for submission of bid online and offline. 8. Submission of offline documents in sealed envelope to AGM(BB) O/o CGMT, Haryana Circle

Ambala, Room No. 208 ,107-The Mall BSNL Ambala -133001 on or before due date & time.

9. Attend Public Online Tender Opening Event (TOE) on CPPP

– Opening of Technical-Part

10. Post-TOE Clarification on CPPP (Optional)

– Respond to BSNL’s Post-TOE queries

11. Attend Public Online Tender Opening Event (TOE) on CPPP

– Opening of Financial-Part (Only for Technical Responsive Bidders)

12. Please take care to scan documents that total size of documents, to be uploaded remains

minimum. If required, documents may be scanned at lower resolutions say at 150 dpi. However it shall be sole responsibility of bidder that the uploaded documents remain

legible.

13. Utmost care may be taken to name the files/documents to be uploaded on CPPP. There should be no special character or space in the name of file. Only underscores are allowed.

The illustrative examples are given below:-

File name Allowed or not

allowed in CPPP

Reason for allowed / not allowed

QA Certificate not allowed Space in between words / characters not allowed

QA Certificate(1) not allowed Special characters not allowed

QA_Certificate allowed Under score allowed between words /characters

QACertificate allowed Upper & lower cases allowed


Page 31

14. It is advised that all the documents to be submitted are kept scanned or converted to PDF format in a separate folder on your computer before starting online submission. Price

schedule in PDF format as per Section 9 Part B may be downloaded and rates may be filled appropriately. This file may also be saved in a secret folder on your computer. The names &

total size of documents (Preferably below 50 MB) may be checked.

For participating in this tender online, the following instructions are to be read carefully.

These instructions are supplemented with more detailed guidelines on the relevant screens of the CPPP.

3. Digital Certificates

For integrity of data and its authenticity/ non-repudiation of electronic records, and be

compliant with IT Act 2000, it is necessary for each user to have a Digital Certificate (DC) also referred to as Digital Signature Certificate (DSC), of Class 2 or above,

issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer http://www.cca.gov.in].

4. Method for submission of bid documents

In this tender the bidder has to participate in e-tender online. Some documents are to be submitted physically offline. For details please see clause 4.1 Section 4 Part C

4.1. Offline submission

The bidder shall submit the following documents offline to AGM (BB) O/o CGMT, Haryana

Circle Ambala, Room No. 208, 3rd floor, 107, The Mall BSNL Ambala -133001 on or before

the date & time of submission of bids specified in NIT, in a Sealed Envelope. The envelope shall bear (tender name), the tender number and the words ‘DO NOT OPEN BEFORE’ (due date & time).

i) EMD – Bid security (original copy)

ii) DD/ Banker’s cheque of Tender fee (original copy) iii) Power of Attorney in accordance with clause 14.4 of section 4 Part A and

authorization for executing the power of Attorney.

iV) MSE registration certificate if bidder is claiming concession for bid cost/bid security. v) Experience certificates as per clause 4 (eligibility criteria Section -1Part-1)

Note: The Bidder has to upload the Scanned copy of all above said documents during Online Bid submission also.

4.2 Online submission:

S.No. Contents of 1st Envelope (Techno-commercial Envelope) Submitted or

Not Submitted

Document

placed at Sr.No.

1 EMD as per clause 5 of Section – 1 Part A.

2 Cost of the tender documents fee as per clause 2.1 of Section – 1 Part A.

3 Power of Attorney & authorization for executing the power of Attorney

in accordance with clause 14.3 of Section 4 Part A

4 Valid MSE Certificate, if applicable. In case the ownership of such MSE

Entrepreneurs happens to be from SC/ST category, proof in this regard

also need to be submitted as per clause 10.1(a) of Section 4 Part A

5 Valid PAN No as per clause 4.5 of Section 1 Part A

6 Valid Sales/ Service Tax Registration Certificate No or exemption

certificate No as per clause 4.6 of Section 1 Part A

7 Documentary proof of applicable rate of ED/ CD/ Sales Tax/

VAT/Service Tax/ EPF Registration/ ESI Registration as per clause


Page 32

10.1(f) of Section 4 Part A

8 Clause by clause compliance as per clause 11.2 (c) of Section-4 Part A in

the format of annexure-7(F) of Bid Document.

9 No deviation statement for Clause-by-Clause compliance as per clause

11.2(c) of Section-4 Part-A in the format of annexure-7(G) of Bid

Document

10 Bidder’s Profile & Questionnaire duly filled & signed as per Section 8

11 Undertaking & declaration duly filled & signed as per Section 6(A).

12 Certificates from all Directors of the bidder stating that none of their near

relatives are working in as per section -6(B)

13 Certificate of incorporation as per clause 10.1(i) of Section 4 Part A

14 Article or Memorandum of Association or partnership deed or proprietorship deed as the case may as per clause 10.1(j) of Section 4

Part A

15 List of all Directors including their name(s), Director Identification

Number(s) (DIN) and address (es) along with contact telephone numbers

of office and residence as per clause 10.1(k) of Section 4 Part A

16 Tender documents duly signed on each page for having read it &

accepted it.

17 Tender/ Bid form- Section 9 Part A

18 Audited Annual Report and /or a certificate from its bankers to assess its

solvency/financial capability as per clause 10.2(a) Section 4 Part A

19 Documentary evidence about technical capability necessary to perform the

contract as per clause 10.2(b) Section 4 Part A

20 Declaration duly signed as per clause 12.1 of Section-1 Part A

21 Any other supporting documents

Note: (i) If some document is not applicable for the bidder then he has to upload scanned copy of

paper mentioning ‘the document ...<name>.... called vide clause _______ is not applicable

on us. (ii) If document asked for contains more than one page then all those pages may be

uploaded in one PDF file.

•


Page 33

5. Registration

To use the Central Public Procurement Portal (https://www.eprocure.gov.in)Vendor need to register on the portal. The vendor should visit the home-page of the CPPP portal

(https://www.eprocure.gov.in) and go to the e-procure link then select Bidders Manual Kit.

Note: Please contact NIC Helpdesk (as given below), to get your registration accepted/activated

NIC Helpdesk

Telephone 1800-233-7315

E-mail ID [email protected]

[Please mark CC: [email protected]]

BSNL Contact-1

BSNL’s Contact Person Sh. Umesh Dua AGM(BB)

Telephone 0171-2643339

[between 10:00 hrs to 17:30 hrs on working days]


BSNL Contact-2

BSNL’s Contact Person Smt. Anju Gupta AD(MM-I)

Telephone 0171-2688637/2603815



BSNL Contact-3

BSNL’s Contact Person Sh. Uday Parkash JTO(MM)

Telephone/FAX 0171-2603607, 2603253



6. Price schedule / BOQ Utmost care may kindly be taken to upload price schedule / BOQ. Any change in the format

of price Schedule / BOQ file shall render it unfit for bidding. Following steps may be followed

i) Down load price schedule / BOQ part

ii) Fill rates in down loaded price schedule / BOQ iii)Save filled copy of downloaded price schedule / BOQ file in your computer and remember

its Name & location for uploading correct file (duly filled in) when required.

iv) Download price schedule / BOQ part B in Excel format. Get it printed, fill up required Information. Scan it and save in your computer for uploading it while submitting the bid.

7. Other Instructions

For further instructions, the vendor should visit the home-page of the portal

(www.eprocure.gov.in), and go to the Bidders Manual Kit. The compatible support software (PDF

Converter, Java, etc) for online bid submission may be downloaded from CPP Portal.

The help information provided through ‘CPPP User-Guidance Center’ is available in three

categories –Users intending to Register / First-Time Users, Logged-in users of Buyer organizations, and Logged-in users of Supplier organizations. Various links are provided under

each of the three categories.


Page 34

Important Note: It is strongly recommended that all authorized users of Supplier organizations should thoroughly peruse the information provided under the relevant links, and take

appropriate action. This will prevent hiccups, and minimize teething problems during the use of CPPP. The following ‘FOUR KEY INSTRUCTIONS for BIDDERS’ must be assiduously adhered to:

i) Obtain individual Digital Signing Certificate (DSC or DC) well in advance of your first tender submission deadline on CPPP.

ii) Register your organization on CPPP well in advance of your first tender submission deadline on CPPP.

iii) Get your organization’s concerned executives trained on CPPP using online training module

well in advance of your tender submission deadline on CPPP.

iv) Submit your bids well in advance of tender submission deadline on CPPP ((BSNL should not be responsible any problem arising out of internet connectivity issues).

8. Minimum Requirements at Bidders end:

• Computer System with good configuration (Min P IV, 1 GB RAM, Windows XP) • 2 Mbps Broadband connectivity with UPS.

• Microsoft Internet Explorer 6.0 or above

• Digital Certificate(s) for users.

Note: Please visit CPPP (https://www.eprocure.gov.in) for more details and latest amendment on

above.


Page 35

SECTION-5 Part A

GENERAL (COMMERCIAL) CONDITIONS OF CONTRACT

1. APPLICATION

The general condition shall apply in contracts made by the purchaser.

2. STANDARDS

The goods/services supplied under this contract shall conform to the standards prescribed in

the Section -3.

3. PATENT RIGHTS

The supplier shall indemnify the purchaser against all third-party claims of infringement of

patent, trademark or industrial design rights arising from use of the goods or any part

thereof in Indian Telecom Network.

4. PERFORMANCE SECURITY (Refer clause- 4 of Section-5 Part-B)

5. DELETED

6. DELETED

7. DELETED

8. DELETED

9. DELETED

10. DELETED

11. Payment Terms (Refer clause- 5 of Section-5 Part-B)

12. Not Applicable.

13. CHANGES IN PURCHASE ORDERS

13.1 The purchaser may, at any time, by a written order given to a supplier, make changes within

the general scope of the contract in any one or more of the following:

(a) drawings, designs or specifications, where Goods to be supplied under the contract

are to be specifically manufactured for the Purchaser;

(b) the method of transportation or packing;

(c) the place of delivery; or

(d) the services to be provided by the supplier.

13.2 If any such change causes an increase or decrease in the cost of, or the time required for the

execution of the contract an equitable adjustment shall be made in the contract price or

delivery schedule, or both, and the contract shall accordingly be amended. Any proposal by

the supplier for adjustment under this clause must be made within thirty days from the date

of the receipt of the change in order.

14. Not Applicable .

15. DELETED

16. DELETED


Page 36

17. FORCE MAJEURE

17.1 If, at any time, during the continuance of this contract, the performance in whole or in part

by either party of any obligation under this contract is prevented or delayed by reasons of

any war or hostility, acts of the public enemy, civil commotion, sabotage, fires, floods,

explosions, epidemics, quarantine restrictions, strikes, lockouts or act of God (hereinafter

referred to as events) provided notice of happenings of any such eventuality is given by

either party to the other within 21 days from the date of occurrence thereof, neither party

shall by reason of such event be entitled to terminate this contract nor shall either party

have any claim for damages against other in respect of such non-performance or delay in

performance, and deliveries under the contract shall be resumed as soon as practicable after

such an event come to an end or cease to exist, and the decision of the Purchaser as to

whether the deliveries have been so resumed or not shall be final and conclusive. Further

that if the performance in whole or part of any obligation under this contract is prevented or

delayed by reasons of any such event for a period exceeding 60 days, either party may, at

its option, terminate the contract.

17.2 Provided, also that if the contract is terminated under this clause, the Purchaser shall be at

liberty to take over from the Supplier at a price to be fixed by the purchaser, which shall be

final, all unused, undamaged and acceptable materials, bought out components and stores in

course of manufacture which may be in possession of the Supplier at the time of such

termination or such portion thereof as the purchaser may deem fit, except such materials,

bought out components and stores as the Supplier may with the concurrence of the

purchaser elect to retain.

18. ACTION BY PURCHASER AGAINST BIDDER(S)/ VENDOR(S) IN CASE OF DEFAULT.

18.1 In case of default by Bidder(s)/ Vendor(s) such as

(a) Deleted

(b) Failure to perform any other obligation(s) under the Contract; and

(c) Equipment does not perform satisfactory in the field in accordance with the

specifications;

(d) Or any other default whose complete list is enclosed in Appendix-1 of Section-4, Part-

A;

Purchaser will take action as specified in Appendix-1 of Section-4, Part-A.

19. Clause deleted.

20. ARBITRATION

20.1 Except as otherwise provided elsewhere in the contract, In the event of any disputes,

controversy, or differences arising out of or relating to this agreement, or the breach,

termination or invalidity thereof between the parties, such party or parties shall make a

request to the other party or parties to amicably settle such differences or disputes and

parties shall thereupon make every effort to settle the same amicably within a period of 60

(sixty) days from the date of making of such request.

20.2 Where parties are unable to settle the disputes through conciliation, the same shall be

referred to CGM BSNL Haryana for referral of such disputed to a sole arbitrator (chosen from

the name(s) provided by BSNL), to be mutually decided by the parties, as per the provisions

of the Arbitration and Conciliation Act,1996, any amendment thereof, and any notification

issued or rules made there under from time to time.

20.3 The venue of the arbitration proceeding shall be Ambala Haryana.


Page 37

21. SET OFF

Any sum of money due and payable to the supplier (including security deposit refundable to

him) under this contract may be appropriated by the purchaser or the BSNL or any other

person(s) contracting through the BSNL and set off the same against any claim of the

Purchaser or BSNL or such other person or person(s) for payment of a sum of money arising

out of this contract or under any other contract made by the supplier with the Purchaser or

BSNL or such other person(s) contracting through the BSNL.

22. DELETED

23. DELETED

24. Not applicable

25. COURT JURISDICTION

25.1 Any dispute arising out of the tender/ bid document/ evaluation of bids/ issue of APO shall

be subject to the jurisdiction of the competent court at the place from where the NIT/ tender

has been issued.

25.2 Where a contractor has not agreed to arbitration, the dispute/ claims arising out of the

Contract/ PO entered with him shall be subject to the jurisdiction of the competent Court at

the place from where Contract/ PO has been issued. Accordingly, a stipulation shall be made

in the contract as under.

“This Contract/ PO is subject to jurisdiction of Court at Ambala only”.


Page 38

SECTION –5 Part B

SPECIAL (COMMERCIAL) CONDITIONS OF CONTRACT (SCC)

The Special (Commercial) Conditions of Contract (SCC)shall supplement General (Commercial) Conditions of Contract (GCC)) as contained in Section 5 Part A and wherever there is a conflict, the

provisions herein shall prevail over those in Section 5 Part A i.e. General (Commercial) Conditions of

Contract (GCC)

1. QoS PARAMETERS for Broadband Provisoning & BB maintenance as per TRAI

No Parameters Benchmarks Weightage

1 Service Provisioning / Activation Time

1.1 %age of connections provided within 15 days of registration

of demands

100% in=<15

working days

2 Fault repair / Restoration time

2.2 %age of faults repaired by next working day >90%

2.3 %age of faults repaired within 3 working day >=99%

Note: The list is only indicative and may change from time to time as directed by Licensor/TRAI/Controlling Ministry.

2. Duration of Agreement: 2.1 The term of the agreement shall remain 3(Three) years from the date of signing of the

agreement. 2.2 BSNL is at liberty to extend, the period of agreement for a period of another two year in steps of

one year, subject to satisfactory performance of the Bidder and financial viability of revenue

sharing model. The decision of BSNL shall be final in this regard to the grant of extension. The extension shall be at mutually agreed terms & conditions including commercials.

2.3 BSNL and successful Bidder shall sign non-disclosure agreement, for the confidentiality of BSNL’s

BB customers and other related information.

3. Work Day & Working Hours:

3.1 Work day- All seven days of a week (including Sunday) would be considered as Work

day, all days of the year including National Holidays would be considered as work day.

3.2 Work Hours: The normal work hours of the field personnel of the Bidder shall be 10

AM to 8 PM. However Help Desk work hour shall be from 8:00 AM to 10 PM. 4. PERFORMANCE SECURITY

4.1 The Successful bidder shall furnish performance security to the purchaser for an amount equal

to 5% of the total payable amount of the work awarded for three years (as estimated at the

time of placement of work order) within 14 days from the date of issue of Advance Purchase Order by the Purchaser.

4.2 The proceeds of the performance security shall be payable to the Purchaser as compensation for any loss resulting from the supplier's failure to complete its obligations under the

contract. 4.3 The performance security Bond shall be in the form of Bank Guarantee issued by a scheduled

Bank and in the proforma provided in 'Section-7B of this Bid Document. Validity of the

Bank Guarantee shall be upto six months after contract period and it shall be extended for further one year if the work for another year is awarded to the

contractor.


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4.4 The performance security Bond will be discharged by the Purchaser after completion of the

supplier's performance obligations including any warranty obligations under the contract.

5. Payment Terms & Penalties :

5.1 General:

5.1.1 Successful bidder shall submit the bills monthly in duplicate to the designated officer of the

SSA in the first week of the month. 5.1.2 The successful bidder shall mention, in each bill the rate and amount of service tax, if any,

and shall submit the challan as per the rules applicable from time to time with bills. Service

tax is to be deposit by all tax payers on due basis instead of collection basis and submit proof

of service tax deposited by the contractor with bills at the time of submission of bills, as per service tax rules amendment.

5.1.3 Tax deduction at source (TDS) will be applied while making payment to Successful bidder as per rules.

5.1.4 The BSNL shall have no liability or obligation for any other State or Local Govt. Levies /

Taxes (other than Service Tax) for providing services by the Successful bidder under this Agreement.

5.1.5 Successful Bidder shall ensure the payment of EPF in the individual account of each person

employed on contract basis in pursuant of contract agreement and submit a copy of the same to designated authority along with claims as proof of payment.

5.1.6 Successful Bidder shall submit the copy of challan form showing the amount of service tax

paid in account of concerned authorities within a fortnight period from the date of receipt of revenue share enabling the DDO to avail the CENVAT credit in next month. Payment of next

claim shall be subject to the compliance of these instructions' 5.1.7 The payment shall be made in Indian Rupees.

5.2 Payment Towards Broadband Acquisition:

For sale of Broadband connections including CAF filling formalities etc. Bidder shall be paid as

per prevailing commission rates and terms & conditions for DSAs (Direct Selling Agents) of BSNL.

5.3 Payment & penalties towards provisioning 5.3.1 All the new BB connections shall be provisioned within 24 hrs from the time the provisioning

work order is handed over to the bidder. Bidder shall be given access to BSNL IT system

suitably so as to enable Bidder to know about the handover of work to him.

5.3.2 In order to arrive at provisioning achieved within 24 hours, the time of provisioning task completion in NIB-task (i.e. indoor activity completion) shall be recorded and considered for

the purpose.

5.3.3 All the 24 Hrs of the day shall be counted for the purpose of calculating the time taken in provisioning.

5.3.4 Provisioning payment shall be on per connection basis and it shall be Rs 200 per connection, if it is provisioned within 24 hours. For BB connection provided between 24 to 72 hours half

payment (i.e. Rs 100) shall be made.

5.3.5 For provisioning beyond 72 hours no payment shall be made and a flat penalty of Rs 20 per

such connection shall be deducted from the monthly payment towards provisioning. Upper ceiling of penalty so deducted shall be 20% of amount payable towards provisioning in that

month.


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5.4 Payment & penalties towards Broadband Maintenance

5.4.1 Payment towards maintenance shall be on revenue share basis as per the approved quote

under this EOI. Only one quote of revenue share shall be asked in the financial bid. This shall be payable for complete scope of maintenance work.

5.4.2 Bidder shall quote revenue share for maintenance services in terms of percentage of total revenue billed in a month from XDSL BB services. Revenue share towards maintenance shall

be on billed amount from XDSL BB services after excluding (i.e. net of) statutory levy & all applicable taxes (at present license fee and service tax). This shall also exclude the arrears of previous years (if any) prior to the commencement of contract and any advance

payments, security deposits and the revenue from sales of CPEs etc. The applicable service

tax shall be paid on the net amount payable to the bidder as per the prevailing Service Tax Rules .

5.4.3 No revenue share shall be paid on usage of voice services subscribed by the broadband

customers. However Fixed Monthly Charges (FMC) of Landline in the combo-BB plans that is

counted in BB revenue shall be sharable.

5.4.4 All the Broadband faults booked shall be resolved within 24 Hours (Calendar Hours). Bidder

shall be given access to BSNL IT system so that the bidder comes to know about broadband faults.

5.4.5 In order to arrive at % faults cleared within time as above, the time of closure of faults in

BSNL IT system is the reference. Bidder shall interact with the BB final testing position and

BSNL official shall clear the fault in BSNL IT system after testing.

5.4.6 For fault rectification beyond 24 Hrs no payment shall be made. i.e. the payment shall be

restricted to the extent of percentage of Broadband faults within 24 Hrs time. For example, if Bidder rectifies 85% of faults within 24 hrs, the revenue share shall also be 85% of approved

revenue share %.

5.4.7 Deleted

5.4.8 In addition delay in rectification of faults beyond 72 hours shall invite a penalty. The penalty shall be in the form of reduction of payable amount proportional to percentage of BB faults not rectified within 72 hrs.

5.4.9 An illustration table for payable revenue share of approved revenue share towards

maintenance in various scenario is enclosed as annexure-I. However in the unlikely event of negative payment scenario, bidder will get NIL payment.

5.4.10 Deleted.

5.4.11 If the faults pending more than 72 Hours are more than 20% for consecutive 3

Months, the agreement may be terminated by the tendering authority.

6. Commencement of work

6.1 After the signing of the contract, Bidder shall start the activity in its scope within a time period of two weeks. Towards this, Bidder shall arrange

i. The bidder shall submit the details of all the field staff of the Bidder along with their photo &

identity certificates. It shall also be the responsibility of bidder to intimate the BSNL office

about any personnel joining / quitting his firm.

ii. The Bidder shall establish a help desk at his own premises.

iii. One person at SSA NIB centre shall be earmarked by the bidder


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7. Additional Penalties:

Following penalties in addition to penalties for provisioning and maintenance as mentioned in clause 5 shall also be applied:

7.1 Increase in fault rate: Before the placement of the work order to the bidder, BSNL shall workout the average fault rate of the last 6 months from its records. This fault rate (say x

%) will be formally communicated to the bidder at the time of the work order placement. The bidder shall have to ensure that the monthly fault rate of BB shall be up to maximum of 80% of the average fault rate (of total working BB connections).

The bidders will be subjected to the additional penalty of 1% for each 10% slab in case the

monthly fault is more than 80% of x as per the table below

Average monthly fault rate during the

currency of the contract (after 3 months from commencement of the

activity)

Additional penalty

80%-90% of x 1% of the payable amount



-so on- -so on-

This penalty shall not be levied for initial three months from the date of award of work and

will be treated as mobilization period.

7.2 Increase in repeat fault: Before the placement of the work order to the bidder, BSNL shall workout the average repeat fault rate of the last 6 months from its records. This repeat fault

rate (say y%) will be formally communicated to the bidder at the time of the work order

placement. The bidder shall have to ensure that the monthly repeat fault rate of BB shall be up to maximum of 70% of the average repeat fault rate.

The bidders shall be subjected to the additional penalty of 1% for each 10% slab in case the monthly repeat fault is more than 70% of y as per the table below

Average monthly fault rate during the currency of the contract (after 3

months from commencement of the activity)

Additional penalty

70%-80% of y 1% of the payable amount



-so on- -so on-

This penalty shall not be levied for initial three months from the date of award of work and will be treated as mobilization period.

7.3 Any penalty imposed by TRAI / DoT for not meeting the Quality of Service (QoS) parameters (parameters related to provisioning and fault restoration) on broadband service shall also be

additionally deducted from net payable amount to bidder.

7.4 BSNL shall make reasonable efforts in maintaining the BB Network and service for full

availability. However, the malfunctioning, partial functioning, delay in fault restoration or non-working of the BSNL owned systems or network elements, like BB Network, Constraints

related to International Bandwidth, BB NOC, NMS etc, shall not be claimed for any

compensation whatsoever from BSNL & also shall be duly factored in/taken care while imposing penalty on bidder.

7.5 BSNL reserves the right to black list a bidder for a suitable period in case he/she fails to honor his/her bid without sufficient grounds.


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8. Exit Clause:

8.1 In case either party decides to terminate the agreement during the concurrency of the

contract period, minimum 3 month notice shall be given and the complete

documents/records and inventory supplied by BSNL, will be handed over to BSNL by the Bidder.

8.2 In such case during the notice period all the terms & conditions will be enforceable and

approved rates shall be paid as per the agreement.

8.3 BSNL reserves the right to terminate the agreement, at any time, due to change in its own

license conditions or upon directions from the DOT/ Government of India. In such a situation, BSNL shall not be responsible for any damage or loss caused or arisen out of aforesaid

action.

8.4 On termination or expiry of the Agreement, the BG shall be released to Bidder only after

ensuring clearance of dues, if any, which Bidder is liable to pay to BSNL. In case of failure of

Bidder to pay the amounts due to BSNL, the outstanding amounts shall be realized through encashment of the Bank Guarantee without prejudice to any other action(s) for recovery of

the amounts due to BSNL

8.5 No penalty / damages / compensation shall be payable by either party before expiry of

agreement period, if exit is made under the following circumstances: a. The order of any Government (Central/State) or any statutory body

b. In Force Majeure event

8.6 Notwithstanding any other rights and remedies provided elsewhere in the agreement, upon

termination of this agreement:

i. Neither Party shall represent the Other Party in any of its dealings. ii. Neither Party shall intentionally nor otherwise commit any act(s) as shall make a

third party to believe that the other Party is still the former Party’s partner.

iii. Each party shall stop using the other Party’s name, trade mark, etc., in any audio or visual form.

9. Compliance of Labour Laws etc.

The Bidder shall comply with all statutory / legal liabilities towards all the personnel either employed by itself or in the rolls of its sub-vendors, who have been deployed for execution of

various works against this project, that may arise due to various labour and other laws as

specified by central/state from time to time. Further the engagement and employment of any personnel and payment of wages to them as per the existing provisions of various labour laws

and regulations is the sole responsibility of the bidder and any breach of such laws or

regulation shall be deemed to be breach of this Agreement.

10. Confidentiality of information Subject to conditions contained in this Agreement, the Bidder shall take all necessary steps to

safeguard the privacy and confidentiality of any information about BSNL and its subscribers from whom it has acquired such information by virtue of the Service provided and shall use its

best endeavors to secure that:

a) No person acting on behalf of the Bidder or the Bidder himself divulges or uses any such information except as may be necessary in the course of marketing of BSNL

Services as mentioned in Annexure and

b) No person seeks such information other than is necessary for the purpose of marketing of BSNL Services as mentioned in Annexure .


Page 43

Provided, the above para shall not apply where BSNL has consented in writing to such

information being divulged or used and such information is divulged or used in accordance with the terms of that consent; or the information is already open to the public.

a) The Bidder shall take necessary steps to ensure that the Bidder himself / herself and any

person(s) acting on its behalf observe confidentiality of customer information.

b) The Bidder shall, prior to commencement of this agreement, confirm in writing to BSNL that The Bidder has taken all necessary steps to ensure that it and its employees shall observe

confidentiality of customer information.

c) This clause shall survive the termination or expiry of this Agreement.

Annexure-I (Clause 5.4.9)


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SECTION-6

UNDERTAKING & DECLARATION

6(A) - For understanding the terms & condition of Tender & Spec. of work

a) Certified that:

1. I/ We ……………………………………. have read, understood and agree with all the terms

and conditions, specifications included in the tender documents & offer to execute the

work at the rates quoted by us in the tender form.

2. If I/ We fail to enter into the agreement & commence the work in time, the EMD/ SD

deposited by us will stand forfeited to the BSNL.

b) The tenderer hereby covenants and declares that:

1. All the information, Documents, Photo copies of the Documents/ Certificates enclosed

along with the Tender offer are correct.

2. If anything is found false and/or incorrect and/or reveals any suppression of fact at

any time, BSNL reserves the right to debar our tender offer/ cancel the LOA/

Purchase/ work order if issued and forfeit the EMD/ SD/ Bill amount pending with

BSNL. In addition, BSNL may debar the contractor from participation in its future

tenders.

Date: …………… …………………………………

Signature of Tenderer

Place: …………… Name of Tenderer ……………………………….

Along with date & Seal


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6 (B) – NEAR-RELATIONSHIP CERTIFICATE:

(Format of the Certificate to be given as per the clause 34.4 of Section-4 Part-A by the bidder in

respect of status of employment of his/ her near relation in BSNL)

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."

Signature of the tenderer

With date and seal


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SECTION- 7

PROFORMAS

7(A) For the BIDSECURITY/ EMD Guarantee

(To be typed on Rs.100/- non-judicial stamp paper)

Sub: Bid Security/EMD guarantee.

Whereas M/s …………………………… R/o ……………… ………… ……………………………………… (Hereafter

referred to as Bidder) has approached us for giving Bank Guarantee of Rs. ……………………/- (hereafter

known as the “B. G. Amount”) valid up to …../……/ 20….. (hereafter known as the “Validity date”) in

favour of AO(Cash) O/o CGMT BSNL Haryana Telecom Circle, BSNL Ambala Cantt-133001

and payable at Ambala Cantt (Hereafter referred to as BSNL) for participation in the tender of

work of …………………………………………….. vide tender no. ………………………………….

Now at the request of the Bidder, We ……………………………………… Bank …………………………Branch

having ………………………………………… ………. .……………………………………. (Address) and Regd. office address

as ……… ………...……………………………………………………………………… ……… ……… …………… (Hereinafter called

‘the Bank”) agrees to give this guarantee as hereinafter contained:

2. We the Bank do hereby undertake to pay the amounts 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 bidder(s) of any of terms or conditions contained in the said

Agreement or by reason of the bidder (s) failure to perform the said Agreement. Any such

demand made on the bank shall be conclusive as regards the amount due and payable by the

Bank under this guarantee where the decision of the BSNL in these counts shall be final and

binding on the bank. However, our liability under this guarantee shall be restricted to an

amount not exceeding the “B. G. Amount”.

3. We undertake to pay to the BSNL any money so demanded notwithstanding any dispute or

disputes raised by the bidder(s) in any suit or proceeding before any court or tribunal relating

thereto our liability under this present being absolute and unequivocal. The Payment so made

by us under this bond shall be valid discharge of our liability for payment there under and the

bidder(s) shall have no claim against us for making such payment.

4. We the Bank further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said agreement and

that it shall continue to be enforceable till all the dues of the BSNL under or by virtue of the

said Agreement have been fully paid and its claims satisfied or discharged or till BSNL Certifies that the terms and conditions of the said Agreement have been fully and properly carried out

by the said bidder(s) and accordingly discharge this guarantee. Unless a demand or claim

under this guarantee is made on us in writing or before the expiry of Validity date from the date hereof, we shall be discharged from all liability under this guarantee thereafter.

5. We the 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

bidder(s) 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 bidder(s) 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 Bidder(s) or for any forbearance, act or omission on the part of the BSNL or any indulgence by the BSNL to

the said bidder(s) 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.


Page 47

6. Notwithstanding anything herein contained ;

(a) The liability of the Bank under this guarantee is restricted to the “B. G. Amount” and it will remain in force up to its Validity date specified above.

(b) The guarantee shall stand completely discharged and all rights of the BSNL under this Guarantee shall be extinguished if no claim or demand is made on us in writing on or

before its validity date.

7. In case BSNL demands for any money under this bank guarantee, the same shall be paid

through banker’s Cheque in favour of “AO (Cash) CGMT BSNL Haryana Circle Ambala Cantt payable at Ambala Cantt-133001.

8. The Bank guarantees that the below mentioned officer who have signed it on behalf of the

Bank have authority to give this guarantee under its delegated power.

Place: ……………………………

Date: ………………………….. (Signature of the Bank Officer)

Rubber stamp of the bank Authorized Power of Attorney Number: ……………….

Name of the Bank officer: ……………………………..

Designation: …………………………………… Complete Postal address of Bank: ……………………

………………………………………………………………

Telephone Numbers …………………………….. Fax numbers ………………………………


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7(B) For the Performance Guarantee

(To be typed on Rs.100/- non-judicial stamp paper)

Dated:……………..

Sub: Performance guarantee.

Whereas AGM (BB) BSNL Haryana Circle office Ambala Cantt (hereafter referred to as

BSNL) has issued an APO no. …………..………. Dated ……/……/20….. awarding the work

of …………… …… … ………………………………….. to M/s …………………..……………………………

R/o ………………………………………………………………… (hereafter referred to as “Bidder”) and BSNC has

asked him to submit a performance guarantee in favour of AO(Cash) O/o CGMT BSNL Haryana

Telecom Circle, BSNL Ambala Cantt-133001 of Rs. …………..……/- (hereafter referred to as “P.G.

Amount”) valid up to ……/……/20………(hereafter referred to as “Validity Date”)

Now at the request of the Bidder, We ……………………………………… Bank …………………………Branch

having ……………………..…………………… ………. .……………………………………. (Address) and Regd. office

address as ……… ………...……………………………………………………………………… ……… ……… …………… (Hereinafter

called ‘the Bank”) agreed to give this guarantee as hereinafter contained:

2. We, “the Bank” do hereby undertake and assure to the BSNL that if in the opinion of the

BSNL, the Bidder has in any way failed to observe or perform the terms and conditions of the

said agreement or has committed any breach of its obligations there-under, the Bank shall

on demand and without any objection or demur pay to the BSNL the said sum limited to P.G.

Amount or such lesser amount as BSNL may demand without requiring BSNL to have

recourse to any legal remedy that may be available to it to compel the Bank to pay the

same.

3. Any such demand from the BSNL shall be conclusive as regards the liability of Bidder to pay

to BSNL or as regards the amount payable by the Bank under this guarantee. The Bank shall

not be entitled to withhold payment on the ground that the Bidder had disputed its liability to

pay or has disputed the quantum of the amount or that any arbitration proceeding or legal

proceeding is pending between Bidder and BSNL regarding the claim.

4. We, the Bank further agree that the guarantee shall come into force from the date of its

issue and shall remain in full force and effect up to its Validity date.

5. The Bank further agrees that the BSNL shall have the fullest liberty without the consent of

the Bank and without affecting in any way the obligations hereunder to vary any of the terms

and conditions of the said agreement or to extend the time for performance of the said

agreement from any of the powers exercisable by BSNL against the Bidder and to forebear to

enforce any of the terms and conditions relating to the said agreement and the Bank shall

not be relieved from its liability by reason of such failure or extension being granted to

Bidder or through any forbearance, act or omission on the part of BSNL or any indulgence by

BSNL to Bidder or any other matter or thing whatsoever which under the law relating to

sureties would but for this provision have the effect of relieving or discharging the guarantor.

6. Notwithstanding anything herein contained ;

(a) The liability of the Bank under this guarantee is restricted to the P.G. Amount and it

will remain in force up to its Validity date.

(b) The guarantee shall stand completely discharged and all rights of the BSNL under this

Guarantee shall be extinguished if no claim or demand is made on us in writing on or

before its validity date.


Page 49

7. In case BSNLdemands for any money under this bank guarantee, the same shall be paid

through banker’s Cheque in favour of “AO (Cash) CGMT BSNL Haryana Circle Ambala

Cantt.” payable at Ambala Cantt.

8. The Bank guarantees that the below mentioned officer who have signed it on behalf of the

Bank have authority to give this guarantee under its delegated power.

Place: ……………………………

Date: ………………………….. (Signature of the Bank Officer)

Rubber stamp of the bank

Authorized Power of Attorney Number: ……………….

Name of the Bank officer: ……………………………..

Designation: ……………………………………

Complete Postal address of Bank: ……………………

………………………………………………………………

Telephone Numbers ……………………………..

Fax numbers ………………………………


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7 (C) For Letter of Authorization for attending Bid Opening Event.

(To be typed preferably on letter head of the company)

Subject: Authorization for attending Bid opening

I/ We Mr. /Ms. …………………………………….. have submitted our bid for the tender

no. ………………………….……… in respect of …………………… ………………………………………………………….. (Item of

work) which is due to open on …………………. (date) in the Meeting Room,

O/o ………………………………………………………………………………….

We hereby authorize Mr. / Ms. ………………………………& Mr. / Ms…………….………… (alternative)

whose signatures are attested below, to attend the bid opening for the tender mentioned above on

our behalf.

…………………………………….

Signature of the Representative

………………………………… Signature of Bidder/ Officer authorized to sign

Name of the Representative on behalf of the Bidder

…………………………………….

Signature of the alternative Representative

…………………………………………..

Name of the alternative Representative

Above Signatures Attested

Note 1: Only one representative will be permitted to attend the Bid opening

2. Permission for entry to the hall where bids are opened may be refused in case

authorization as prescribed above is not received.


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7 (D) FORMAT OF NON DISCLOSURE AGREEMENT (NDA)

This Agreement is made as of the ------------- 2016 between ----------------------(BSNL)a Government of India Enterprise, having its office at---------------------------- which expression shall

unless repugnant to the subject or the context mean and included its successors, nominees or

assigns and M/s ------------------ ------------------------------------------------------------------------------ a company incorporated under the Indian Companies Act, 1956/2013, and having its registered

office at ------------------------------------------------------------------------------------------ herein after called “----------------------” which expression shall unless repugnant to the subject or the context mean and include its successors, nominees or assigns.

Whereas in order to pursue the mutual business purpose of this particular project as specified in Exhibit A (the “Business Purpose”), BSNL and M/s---------------------------------------------------

------------------------------------------- recognize that there is a need to disclose to one another

certain information, as defined in para 1 below, of each party to be used only for the Business Purpose and to protect such confidential information from unauthorized use and disclosure.

In consideration of the other party’s disclosure of such information, each party agrees as follows:

1. This Agreement will apply to all confidential and proprietary information disclosed by one

party to the other party, including information listed in Exhibit A attached hereto and other

information which the disclosing party identifies in writing or otherwise as confidential before or within thirty days after disclosure to the receiving party (“Confidential Information”).

Information consists of certain specifications, designs, plans, drawings, software, prototypes and/or technical information, and all copies and derivatives containing such Information, that

may be disclosed to one another for and during the Purpose, which a party considers

proprietary or confidential (“Information”). Information may be in any form or medium, tangible or intangible, and may be communicated/disclosed in writing, orally, or through

visual observation or by any other means to one party (hereinafter referred to as the

receiving party) by the other party (hereinafter referred to as one disclosing party). Information shall be subject to this Agreement, if it is in tangible form, only if clearly marked

as proprietary or confidential as the case may be, when disclosed to the receiving party or, if

not in tangible form, its proprietary nature must first be announced, and it must be reduced to writing and furnished to the receiving party within thirty(30) days of the initial disclosure.

2. M/s ----------------------------------------------------------------------------------------- and BSNL

hereby agreed at during the Confidentiality Period:

a) The receiving party shall use Information only for the Purpose, shall hold Information in confidence using the same degree of care as it normally exercises to protect its own

proprietary information, but not less than reasonable care, taking into account the

nature of the Information, and shall grant access to Information only to its employees who have a need to know, but only to the extent necessary to carry out the business

purpose of this project as defined in exhibit A, shall cause its employees to comply with

the provisions of this Agreement applicable to the receiving party, shall reproduce Information only to the extent essential to fulfilling the Purpose, and shall prevent

disclosure of Information to third parties. The receiving party may, however, disclose the Information to its consultants and contractors with a need to know; provided that by

doing so, the receiving party agrees to bind those consultants and contractors to terms

at least as restrictive as those stated herein, advise them of their obligations, and indemnify the disclosing party for any breach of those obligations.

b) Upon the disclosing party's request, the receiving party shall either return to the

disclosing party all Information or shall certify to the disclosing party that all media containing Information have been destroyed. Provided, however, that an archival copy of

the Information may be retained in the files of the receiving party's counsel, solely for

the purpose of proving the contents of the Information.

3. The foregoing restrictions on each party's use or disclosure of Information shall not apply to

Information that the receiving party can demonstrate:


Page 52

a) was independently developed by or for the receiving party without reference to the

Information, or was received without restrictions; or b) has become generally available to the public without breach of confidentiality obligations of

the receiving party; or c) was in the receiving party's possession without restriction or was known by the receiving

party without restriction at the time of disclosure; or

d) is the subject of a subpoena or other legal or administrative demand for disclosure; provided, however, that the receiving party has given the disclosing party prompt notice

of such demand for disclosure and the receiving party reasonably cooperates with the disclosing party's efforts to secure an appropriate protective order; or

e) is disclosed with the prior consent of the disclosing party; or

f) was in its possession or known to it by being in its use or being recorded in its files or

computers or other recording media prior to receipt from the disclosing party and was not previously acquired by the receiving party from the disclosing party under an

obligation of confidence; or g) the receiving party obtains or has available from a source other than the disclosing party

without breach by the receiving party or such source of any obligation of confidentiality

or non-use towards the disclosing party.

1. Each party agrees not to remove any of the other party’s Confidential Information from the

premises of the disclosing party without the disclosing party’s prior written approval. Each party agrees to exercise extreme care in protecting the confidentiality of any Confidential

Information which is removed, only with the disclosing party’s prior written approval, from

the disclosing party’s premises. Each party agrees to comply with any and all terms and conditions the disclosing party may impose upon any such approved removal, such as

conditions that the removed Confidential Information and all copies must be returned by a certain date, and that no copies are to be make off of the premises.

2. Upon the disclosing party’s request, the receiving party will promptly return to the disclosing party all tangible items containing or consisting of the disclosing party’s Confidential

Information all copies thereof.

3. Each party recognizes and agrees that all of the disclosing party’s Confidential Information is

owned solely by the disclosing party (or its licensors) and that the unauthorized disclosure or

use of such Confidential Information would cause irreparable harm and significant injury, the degree of which may be difficult to ascertain. Accordingly, each party agrees that the disclosing party will have the right to obtain an immediate injunction enjoining any breach of this Agreement, as well as the right to pursue any and all other rights and remedies available

at law or in equity for such a breach.

9. Access to Information hereunder shall not preclude an individual who has seen such

Information for the purposes of this Agreement from working on future projects for the

receiving party which relate to similar subject matters, provided that such individual does not make reference to the Information and does not copy the substance of the Information during

the Confidentiality Period. Furthermore, nothing contained herein shall be construed as

imposing any restriction on the receiving party's disclosure or use of any general learning, skills or know-how developed by the receiving party's personnel under this Agreement, if such

disclosure and use would be regarded by a person of ordinary skill in the relevant area as not

constituting a disclosure or use of the Information.

8. As between the parties, all Information shall remain the property of the disclosing party. By disclosing Information or executing this Agreement, the disclosing party does not grant any

license, explicitly or implicitly, under any trademark, patent, copyright, mask work protection

right, trade secret or any other intellectual property right. THE DISCLOSING PARTY DISCLAIMS ALL WARRANTIES REGARDING THE INFORMATION, INCLUDING ALL WARRANTIES

WITH RESPECT TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS AND ALL

WARRANTIES AS TO THE ACCURACY OR UTILITY OF SUCH INFORMATION. Execution of this Agreement and the disclosure of Information pursuant to this Agreement does not constitute

or imply any commitment, promise, or inducement by either party to make any purchase or

sale, or to enter into any additional agreement of any kind.


Page 53

9. Either party’s failure to enforce any provision, right or remedy under this agreement shall not

constitute a waiver of such provision, right or remedy. 10. This Agreement will be construed in, interpreted and applied in accordance with the laws of

India. 11. That in case of any dispute or differences, breach & violation relating to the terms of the

Agreement. The said matter or dispute, difference shall be referred to sole arbitration of Chief

General Manager (CGMT Haryana) of BSNL or any other person appointed by him. That the award of the arbitrator shall be final and binding on both the parties. In the event of such

Arbitrator to whom the matter is originally referred to is being transferred or vacates his office on resignation or other wise or refuses to do work or neglecting his work or being unable to act as Arbitrator for any reasons whatsoever , the Chief General Manager (CGMT Haryana) shall

appoint another person to act as Arbitrator in place of outgoing Arbitrator and the person so

appointed shall be entitled to proceed further with the reference from the stage at which it was left by his predecessor. M/s --------------------------------------------------------------------------

-------------- will have no Objection in any such appointment, that arbitrator so appointed is employee of BSNL. The said Arbitrator shall act under the Provisions of the Arbitration and

conciliation Act, 1996 or any statutory modifications or re-enactment there of or any rules

made thereof.

12. This Agreement and Exhibit A attached hereto constitutes the entire agreement of the parties

with respect to the parties' respective obligations in connection with Information disclosed hereunder and supersedes all prior oral and written agreements and discussions with respect

thereto. The parties can amend or modify this Agreement only by a writing duly executed by

their respective authorized representatives. Neither party shall assign this Agreement without first securing the other party's written consent.

13. This Agreement will remain in effect for five years from the date of the last disclosure of

Confidential Information, at which time it will terminate, unless extended by the disclosing party in writing.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized officers or representatives.

M/s ___________________ BHARAT SANCHAR NIGAM LIMITED Signature:_____________ Signature:____________

Printed Name: _________ Printed Name:___________ Title:________________ Title:________________________


Page 54

Exhibit A to NDA

1. 1. Business Purpose: Outsourcing of Acquisition, Provisioning & Maintenance (Broadband faults at customer premises including line faults from DP (Distribution Point) to the customer

premises) of BSNL’s xDSL Broadband (BB) services. Payment toward Acquisition & provisioning shall be on per BB connection basis while payment towards maintenance shall be on Revenue Share basis.

2. Confidential Information of M/s……………………………………………………………….. ………………………………………………………………………………………………….

3. Confidential information of Bharat Sanchar Nigam Limited (BSNL): All information shared in oral or in written form by BSNL with M/s …………………………

…………………………………………………………………………………………………..

Number of subscriptions, consumption pattern etc M/s -------------------------------------------------------

Signed


Page 55

7(F) - CLAUSE BY CLAUSE COMPLIANCE

ANNEXURE-‘A’

CLAUSE-BY-CLAUSE COMPLIANCE STATEMENT

Sl.No. Clauses Compliance

(A) (B) (C)

1

All clauses of General Commercial Conditions of Section-5 Part-A

FULLY COMPLIED

2

All clauses of Special Commercial Condition of Contract of Section-5 Part-B

FULLY COMPLIED

• The clause-by-clause compliance statement should be given as per clause 11.2 (c) of Section-4 Part-A and

clause 31.1(c) of Section -4 Part-A.

• The bidder should mention ‘ FULLY COMPLIED’ in the column ‘ C’ above, otherwise a statement of

deviation may be submitted as per clause 11.2 (c) of Section-4 Part-A and clause 31.1(c) of Section -4

Part-A.


Page 56

7(G) - NO DEVIATION STATEMENT

ANNEXURE-‘B’

NO DEVIATION STATEMENT

Sl.No. Clauses Compliance

(A) (B) (C)

1

All clauses of General Commercial Conditions of Section-5 Part-A

NO DEVIATION

2

All clauses of Special Commercial Condition of Contract of Section-5 Part-B

NO DEVIATION

• The ‘No deviation statement’ should be given as per clause 11.2 (c) of section-4 Part-A

and clause 31.1(c) of Section -4 Part-A.

• The bidder should mention ‘ NO DEVIATION’ in the column ‘ C’ above, otherwise a statement of

deviation may be submitted as per clause 31.1 (c) of section-4 Part-A.


Page 57

SECTION- 8

Bidder’s profile & Questionnaire.

Tenderer / Bidder’s Profile & Questionnaire

(To be filled in and submitted by the bidder)

A) Tenderer’s Profile

1. Name of the Individual/ Firm: ………………………………………………

2. Present Correspondence Address …………………………..………………

…………..…………………………………………………………………………

…………………………..…………………………………………………………

Telephone No. …………………………….. Mobile No. ………………………... FAX

No. …………………………………………………………………………

3. Address of place of Works/

Manufacture ……….…………….………………………………………………. ………………… ………………….…………………

……………………………………………………

Telephone No. ..……………………….. Mobile No. ……………………………

4. State the Type of Firm: Sole proprietor-ship/partnership firm / (Tick the correct

choice): Private limited company.

5. Name of the sole proprietor/ partners/ Director(s) of Pvt. Ltd Co.:

S.

No.

Name Father’s Name Designation

1.

2.

3.

4.

5.

6. Name of the person authorized to enter into and execute contract/ agreement and the

capacity in which he is authorized (in case of partnership/ private Ltd company):

…………………………………………………………………………………………………………………………………..………………

………………………………………….

7. Permanent Account No. : ………………………………………………………

8. Details of the Bidder’s Bank for effecting e-payments:

(a) Name of the A/C Holder ………………………………..

(b) Beneficiary Bank Name:………………………………

(c) Beneficiary branch Name:…………………………….

(d) Beneficiary branch Address:…………………………….

(e) IFSC code of beneficiary Branch……………………..

(f) Beneficiary account No.:……………………………….

(g) Branch Serial No. (MICR No.):………………………...

(h) Tax details (CST & VAT) Registration No………….


Page 58

B) Questionnaire

1. Do you think any other detail/ material is required to complete the work specified in the

specification? Yes/ No.

1.1 If Yes, Give details

………………………………………………………………………………………

………………………………………………………………………………………

2. Do you think any other item of work need be included in tender form to complete the

work specified in the specification? Yes/ No.

2.1 If Yes, Give details

………………………………………………………………………………………

………………………………………………………………………………………

3. Kindly indicate the maximum Quantity of tendered material which you are capable of

supplying within the scheduled delivery period.

Name of the tendered Item Qty that can be supplied by the firm within

scheduled delivery period.

4. Suggestion for improvement of the tender document.

……………………………………………………………………………………….

……………………………………………………………………………………….

…………………………………………………………………………………….

Place………………….

Signature of contractor ………………………

Date …………………. Name of Contractor ……………………………


Page 59

SECTION-9 Part-A

BID FORM

To From,

…………………………………………. ………………………………………. <complete address of the purchaser> <complete address of the Bidder>

…………………………………………. ………………………………………… ……………………………………… …………………………………………

Bidder’s Reference No:……………....………………… …Dated…………………….

Ref: Your Tender Enquiry No. …………………………………dated …………………

1. Having examined the above mentioned tender enquiry document including amendment/

clarification/ addenda Nos. ...................... dated …………….. ……………the receipt of which is

hereby duly acknowledged, we, the undersigned, offer to supply and deliver .............................................. in conformity with the said drawings, conditions of

contract and specifications for the sum shown in the schedule of prices attached herewith and made part of the financial Bid.

2. Bid submitted by us is properly sealed and prepared so as to prevent any subsequent

alteration and replacement. 3. We agree to abide by this Bid for a period of 150 days from the date fixed for Bid opening or

for subsequently extended period, if any, agreed to by us. This bid shall remain binding upon

us up to the aforesaid period. 4. We understand that you are not bound to accept the lowest or any bid, you may receive.

5. If our Bid is accepted, we will provide you with a performance guarantee from a Scheduled

Bank for a sum @ 5% of the contract value for the due performance of the contract. 6. If our Bid is accepted, we undertake to complete delivery of all the items and perform all the

services specified in the contract in accordance with the delivery schedule specified in the Section-2 (Tender Information).

7. Until a formal Purchase Order of Contract is prepared and executed, this Bid together with

your written acceptance thereof in your notification of award shall constitute a binding contract between us.

Dated: ....... day of ................... 20…

Signature ………………………….

Witness Name …………………………….. Signature…………………………. In the capacity of ………………………….

Name …………………………….. Duly authorized to sign the bid for and on Address ...................................... behalf of ..............................................


Page 60

SECTION-9 Part-B

Price Schedule

[SAMPLE COPY OF BOQ FILE NOT FOR QUOTING]

Signature of bidder


Page 61

CHECK LIST FOR THE BIDDERS

Please ensure that all documents are fully authenticated by the Authorized Signatory with his signature with official

seal. Offer is liable to be rejected, if enclosed documents are not authenticated.

Documents forming part of the bid: -

S.

No

Contents of 1st Envelope (Techno-commercial Envelope) Submitted or

Not Submitted

Document

placed at Sr.No.

1 EMD as per clause 5 of Section – 1 Part A.

2 Cost of the tender documents fee as per clause 2.1 of Section – 1 Part A.

3 Power of Attorney & authorization for executing the power of Attorney in

accordance with clause 14.3 of Section 4 Part A

4 Valid MSE Certificate, if applicable. In case the ownership of such MSE

Entrepreneurs happens to be from SC/ST category, proof in this regard also

need to be submitted as per clause 10.1(a) of Section 4 Part A

5 Valid PAN No as per clause 4.5 of Section 1 Part A

6 Valid Sales/ Service Tax Registration Certificate No or exemption

certificate No as per clause 4.6 of Section 1 Part A

7 Documentary proof of applicable rate of ED/ CD/ Sales Tax/ VAT/Service

Tax/ EPF Registration/ ESI Registration as per clause 10.1(f) of Section 4

Part A

8 Clause by clause compliance as per clause 11.2 (c) of Section-4 Part A in

the format of annexure-7(F) of Bid Document.

9 No deviation statement for Clause-by-Clause compliance as per clause

11.2(c) of Section-4 Part-A in the format of annexure-7(G) of Bid

Document

10 Bidder’s Profile & Questionnaire duly filled & signed as per Section 8

11 Undertaking & declaration duly filled & signed as per Section 6(A).

12 Certificates from all Directors of the bidder stating that none of their near

relatives are working in as per section -6(B)

13 Certificate of incorporation as per clause 10.1(i) of Section 4 Part A

14 Article or Memorandum of Association or partnership deed or proprietorship deed as the case may as per clause 10.1(j) of Section 4 Part A

15 List of all Directors including their name(s), Director Identification

Number(s) (DIN) and address (es) along with contact telephone numbers of

office and residence as per clause 10.1(k) of Section 4 Part A

16 Tender documents duly signed on each page for having read it & accepted

it.

17 Tender/ Bid form- Section 9 Part A

18 Audited Annual Report and /or a certificate from its bankers to assess its

solvency/financial capability as per clause 10.2(a) Section 4 Part A

19 Documentary evidence about technical capability necessary to perform the

contract as per clause 10.2(b) Section 4 Part A

20 Declaration duly signed as per clause 12.1 of Section-1 Part A

21 Any other supporting documents

S.No. Contents of 2nd

Envelope Submitted or Not Submitted

1 Price Schedule as per Section 9 Part–B