BHARAT SANCHAR NIGAM LIMITED (A Government of India Enterprise) O/o the PGM Telecom District Thrissur, Kerala
From: To, AGM (Cable Planning) ………………………………………………….. O/o the PGMT,BSNL, ...... Thrissur, ...... Kerala, 680022......
Tender No : E-Tender/TCR SSA/Outsourcing of provisioning and maintenance of LL&BB in New Developing and TNF Locations/2016-17 Dated12/08 /2016. ………………………………………………………………. Sub: - Expression of Interest (EOI) for selection of firm(s)/partner(s ) for outsourcing Deployment, Provision and Maintenance of Wireline Landline/Broadband connections in the New developing/upcoming areas/TNF locations on revenue sharing basis- reg
Tender Enquiry No. : E-Tender/TCR SSA/Outsourcing of provisioning and maintenance of LL&BB in New Developing and TNF Locations/2016-17 Dated 12/08 /2016.
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 8-17 4 Part A General Instructions to Bidders(GIB) 18-33 4 Part B Special Instructions to Bidders(SIB) 34 4 Part C E-tendering Instructions to Bidders (If applicable) 35-39 5 Part A General (Commercial) Conditions of Contract (GCC) 40-41 5 Part B Special (Commercial) Conditions of Contract (SCC) 42-45 6 Undertaking & declaration 46-47 7 Proforma (s) 48-56 8 Bidder’s profile & Questionnaire. 57-58 9 Bid Form & Price Schedule 59-60 10 TNF locations in Thrissur SSA 61-64
If interested, kindly submit your bid offers online as this tender is invited through e-tendering, on or before date & time specified in Clause 6 of detailed NIT.
Tel.: ……………………. , FAX: …………………. E-Mail: ……………………
Regd. Off.: BSNL, Bharat Sanchar Bhawan, Janpath New Delhi -110 001. Web: www.bsnl.co.in
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SECTION – 1 Part A Detailed NOTICE INVITING E-TENDER (DNIT) BHARAT SANCHAR NIGAM LIMITED (A Government of India Enterprise) O/o the PGM Telecom District Thrissur, Kerala 680022
Digitally Sealed E-Tenders are invited by Principal General Manager Telecom, BSNL, Thrissur BSNL for outsourcing of Deployment, Provision and Maintenance of Wireline Landline/Broadband connections in the New developing/upcoming areas/TNF locations on revenue sharing basis in Thrissur SSA for a period of seven years. 1.
Estimated
LL/ BB Connection
s* which EMD
Sl Area of may likely @2.5 Tender No.
No. Work to be ) Rs. ) Rs. % (in working for Rs.) opening the Submission of Bid Submissionof Date&Timebid of period(year (Years in seven for Lastdateof &Time CostDocumentBidof EstimatedWork of cost wise) refundable– non (in ( ) E-Tender/TCR SSA/ Outsourcing of provisioning and 2.45 6.11 08.09.16, 08.09.16, maintenance of Thrissur 2575 2100 Crores lakhs 14:30 hrs 15:00hrs 1 LL&BB in New SSA Developing and List of TNF Locations/ TNF 2016-17 Dated Areas 12/08/2016. Enclosed
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. AWO without any change in unit price or other terms & conditions.
Note 2: The estimated cost of the tender is taken as No.of connections proposed*ARPU*12 months*7 years*35%.
2. Purchase of Tender Document: Tender document can be obtained by downloading it from the website www.tenderwizard.com/BSNL 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 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 PGMT, BSNL, Thrissur” and payable at Thrissur 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 12/08/2016 onwards up to 08/ 09/ 2016. 3.1 The tenders invited through e-tendering process, physical copy of the tender document would not be available for sale.
Note 3: The Tender document shall not be available for download on its submission / closing date. EOI for Outsourcing of LL/BB deployment, provisioning and maintenance Page 2 of 64
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 given in Section 1 Part A Clause 1 OR the bidder shall have annual turn over of minimum INR 25 lakhs (Rupees twenty five lakhs ) each during the last three financial years whichever is higher. If certified copy by CA for 2015-16 is not available then certified documents for 2012-13 will be considered. If the turn over criteria is not met by the bidder on its own, the turn over of bidders parent company may be considered to fulfill this criterion. However in such cases the bidder shall submit a declaration cum an undertaking from its parent company stating that (the parent company) will support and take responsibility to enable its subsidiary company (the bidder) to perform contractual obligations.
4.3 Experience : The bidder should have experience after 1st April, 2008, either of copper/OF Cable laying OR installation/maintenance of Landline/Broadband Connection OR experience of installation/ maintenance / networking of PCs/laptops OR CFA/CM franchisee with BSNL. Experience certificate from BSNL/ MTNL/ DoT/ Government Departments/ Government PSUs/ Nationalized banks. In case of private operators the experience certificate should be issued by at least the regional marketing head of the company. The certificate should clearly state the products/ service distributed/contract executed, the geographical area / region of authorized distributorship/contract and periods (from month/year to month/year) of authorized distributorship/contract./ shall only be entertained for works executed after 1 st April’2008 as follows:
Sl.No Experience Bidders showing Bidders showing experience Bidders showing details to be experience of copper/OF of installation/maintenance experience of CFA/CM furnished by Cable laying or /networking of PCs/ Laptops franchisee with BSNL for the bidders Installation/ maintenance a minimum period of 2 of LL/Broadband years Connection 1 Experience The bidder should have The bidder should have an The bidder should have to be an experience of experience of successfully an experience of possessed copper/OF Cable laying executing a single contract successfully executing by the of installation/ maintenance/ the sale of BSNL or bidder in networking of PCs/laptops of CFA/CM products for a terms of Successfully executing a at least 2% of the number minimum period of 2 single contract of of broadband connections years. physical LL/broadband installation/ for which the bid is invited. parameters maintenance with atleast The cumulative experience 10% of the LL/broadband of the bidder of installation/ connections for which the maintenance / networking of bid is invited. The total PCs/laptops in different number of LL/broadband contracts with different connections clients should be for nos. of installed/maintained by PCs/ laptops at least 5% of the bidder in different the total number of contracts with different broadband connections for clients on cumulative which the bid is invited. basis should be atleast 25% of the number of LL/broadband connections for which the bid is invited. 2 Experience The bidder shall submit The bidder shall submit Agreement executed to be experience certificate for experience certificate for with BSNL is to be
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possessed either of following:- either of following:- produced. by the (i) Three completed bidder i.r.o (i) Three completed contracts each costing not amount of contracts each costing not less than the amount contracts less than the amount equal equal to 40% of the executed to 40% of the annual annual estimated cost. by the estimated cost. bidder Or Or (Financial (ii) Two completed (ii) Two completed contracts parameter) contracts each costing not each costing not less than less than the amount the amount equal to 50% of equal to 50% of the the annual estimated cost. annual estimated cost. Or Or (iii) One completed contract (iii) One completed costing not less than the contract costing not less amount equal to 80% of the than the amount equal to annual estimated cost. 80% of the annual estimated cost.
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, 2008 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.
Note-Annual estimated costs may be arrived as 3% of the annual revenue billed for Landline/ broadband services of the SSA . 5. Bid Security/EMD: 5.1 The bidder shall furnish the bid EMD of 6.11 Lakhs (2.5% of the total estimated cost for seven years) in one of the following ways:- (a) Demand Draft/ Banker’s cheque drawn in favour of AO(Cash), O/o Principal General Manager Telecom District , BSNL,Thrissur-22and payable at Thrissur either separately for each package or total for all no. of packages participated. b) Bank Guarantee from a scheduled bank drawn in favour of AO (Cash) O/o Principal General Manager Telecom District, BSNL, Thrissur-22 which should be valid for 2585 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 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 14:30hrs of 08.09.16.
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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: After 00:30 Hours of this tender closing time & on same date.
8. Place of opening of Tender bids: 8.1 In case of tenders invited through e-tendering process, the tenders shall be opened through ‘Public Online Tender Opening Event (POTOE)’. BSNL’s Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices. Kindly refer clause 8 of Section-4 Part C of Tender document for further instructions. 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. PGMT, BSNL, Thrissur 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. 12. Tender document for e-bidding process can be down loaded from the E- tender portal www.tenderwizard.com/BSNL & www.kerala.bsnl.co.in following the Link – “E-Tender” from 09.08.16 onwards. 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.tenderwizard.com/BSNL & www.kerala.bsnl.co.in . 12.1 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.
13. If it is required, BSNL can engage two agencies and the work will be divided in the ratio 60:40 at the approved L1 rate.
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SECTION – 1 (Part B)
NEWS PAPER N.I.T. (NNIT)
BHARAT SANCHAR NIGAM LIMITED
O/o PGMT, Thrissur-22
NOTICE INVITING TENDER ( ) Tender No : E-Tender/TCR SSA/Outsourcing of provisioning and maintenance of LL&BB in New Developing and TNF Locations/2016-17 Dated12/08 /2016.
E-tenders are invited by Principal General Manager, BSNL, Thrissur SSA, Kerala Circle from the prospective bidders for outsourcing of deployment, provisioning and Maintenance of LL/Broadband services in Thrissur SSA for seven years period.
S. Tender Name
No. No. of Area Rs. ) opening Estimated LL/BB period wise) (year Submission of Bid Datebidof & Time Lastdateof & Time Cost Bidof Document Seven Years in( Rs. ) EMD EMD @2.5% in( Rs. ) ( non( – refundable (in ) Connections may which likely likely tothe be forworking Estimated forofcost Work 1 Thrissur 2.45 6.11 08.09.16, 2575 Crores 2100 lakhs 14:30 hrs 08.09.16,15:00hrs
For further detailed information, kindly visit our website www.bsnl.co.in and follow “Link for E-Tenders by BSNL”.
Assistant General Manager (Cable Plg) Tel. No. 0487-2222119
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SECTION- 2
Tender Information
1. Type of tender- : Single Stage bidding & two stage opening 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 13.3 of Section 4 Part A v) Clause by clause compliance as per clause 10.2 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 9 of Section-4 Part A. x) Tender/ Bid form- Section 9 Part A xi) Electronic Form- Technical as the tender is invited through e-tendering process
b) Financial part of the bid shall contain one set of the complete price schedule as per Section 9 part B and any supporting documents required.
Note:- In case of E-tendering, the following documents are required to be submitted offline (i.e. offline submissions) to AGM (Cable Plg.),O/o PGMT, BSNL, Thrissur-22 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 13.3 of section 4 Part A and authorization for executing the power of Attorney.
4. Payment terms As detailed in clause 5 of section-5 part B of the EOI document.
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SECTION- 3 Part A
SCOPE OF WORK 1. Introduction 1.1 BSNL intends to select firm(s)/partner(s) for outsourcing of deployment, Provision & Maintenance of Wireline Landline/Broadband connections by extending the existing copper/OF cable to new developing/upcoming/potential areas/TNF locations/sites by further incremental laying of copper/OF cable in uncovered areas by selected partner where sufficient telecom infrastructure is not available. Hence incremental laying of copper/OF network by outsourced partner & then providing & maintaining landline/ Broadband services in the new upcoming complexes / colonies/ Apartments being developed/under development areas around the cities, on revenue share basis.
1.2 General terms & Conditions of EOI
1.2.1 An EOI shall be floated by the SSA to select outsourcing partner on revenue share basis where incremental cable laying shall be done by outsourced partner including operation & maintenance of such cable & fault repair service with CAPEX & OPEX on part of bidder.
1.2.2 BSNL Landline/Broadband service shall be extended to uncovered areas by laying of incremental copper cable/OFC media (as the case may be) by outsourced partner.
1.2.3 Duration of contract shall be 7 years from the date of award of work. After 7 years also, the contract can be extended on year to year basis at the liberty of BSNL on mutually negotiated terms and conditions including commercials.
1.2.4 Contract shall have a lock-in period of three (3) years, starting from date of award of work. In case bidder exits before 3 years, then it shall carry a penalty in the forms of surrender of all equipments, accessories including MDF, pillar, Runways, Pipes, support structures, cables, wiring, Ethernet cable etc and transfer of ownership to BSNL at zero cost and also forfeiture of PBG. In case of exit after lock-in period of 3 years, PBG shall not be forfeited but ownership of such assets of outsourced partner shall be transferred to BSNL at zero cost. Thus asset once laid shall be in either of the case made over to BSNL.
1.2.5 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
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arisen out of aforesaid action.
1.2.6 All serviced over cable network laid by outsourced partner under the contract shall be offered by BSNL in the brand name of BSNL and accordingly BSNL shall raise the invoices for services available by customers. Outsourced partner shall not charge the Subscriber directly for any service being delivered by BSNL over the outsourced partner cable network under the contract.
1.2.7 The CAF will be owned by BSNL. The outsourced partner can acquire customer but it will be in the name of BSNL only and CAF will be submitted to BSNL before activation of new connection.
1.2.8 Outsourced partner shall comply with all other Govt. of India act and laws that are applicable to the work contained in the EOI.
1.2.9 CDR/IT system access (view only) shall be given to outsourced partner for deployment, provisioning & maintenance and fault restoration.
1.3 SLA & Penalty:
1.3.1 SLA shall be defined for provision & fault restoration as per TRAI parameters.
1.3.2 In case of not meeting the SLA, penalty shall be applied as decided by circles and upper limit of penalty should be 25% of outsourced partner’s monthly payment.
1.3.3 Customer provisioning target should be defined by the circles and penalty shall be imposed as decided by the circles for not meeting the rollout target.
1.4 Revenue share & Payment terms:
1.4.1 Revenue share shall be determined through EOI process. However EOI shall mention upper limit of 35% of realized revenue (net of all taxes & levies) to outsourced partner.
1.4.2 BSNL shall collect the revenue from subscribers through various payment channels of BSNL.
1.4.3 Landline/broadband connections provided by outsourced partner shall be identified separately and revenue from such numbers shall be applicable for revenue sharing.
1.4.4 BSNL shall not pay any revenue share out of security deposit and revenue generated EOI for Outsourcing of LL/BB deployment, provisioning and maintenance Page 9 of 64
out of outright sale of modem & CLIP telephone instrument from the customers.
1.4.5 Revenue share payment shall be done by BSNL to outsourced partner on a monthly basis on realized amount on the landline/Broadband connections provisioned and maintained by outsourced partner.
1.4.6 All applicable taxes and various Government levies, License fee (if any) shall be deducted first from the revenues realized on account of services availed over cable network laid by the outsourced partner by the customers.
1.4.7 For leased line and other value added services (VAS, which are being offered by BSNL in partnership with other VAS providers) extended over cable network laid by the outsourced partner, 20% of its applicable share of revenue for voice and BB services (net of all statutory Taxes & levies like License Fee, Service Tax etc.) shall be provided to outsourced partner in the corresponding Year. For example, suppose outsourced partners revenue share is 30%, then his revenue share for leased line VAS will be 30% of 20% i.e., 6%.
1.4.8 Rebates and compensation given by courts due to service deficiency, if any, to the customers shall be deducted from the gross revenue before the Revenue share of outsourced partner is calculated.
1.4.9 Any discrepancy found in the revenue share settlement shall be mutually discussed and resolved. Balance of payments arising due to any reason shall be adjusted in future. In case of bill cancellation (due to wrong billing etc.) later, any excess revenue share paid to outsourced partner shall be adjusted accordingly on quarterly basis.
Broad Role and responsibility
1.5 BSNL Role & responsibility:
i. The telephone exchange and other equipment (like battery, power plant, MDF, DSLAM, CLIP telephone instrument, modem, splitter, transmission equipment etc.) will be provided by BSNL. The services in the selected area will be provided either from nearest telephone exchange or from new telephone exchange, to be provided in that area, subject to technical feasibility and economic viability. In case of new telephone exchange, the connectivity to the exchange with network will be provided
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by BSNL.
ii. To operate & maintain BSNL owned telecom equipments/infrastructure/cable etc.
iii. To provide Exchange equipment such as modem, Line media gate-way, DSLAM, RLU/RSU etc.
iv. To provide the connectivity to its Telecom bandwidth & other network infrastructure at BSNL cost.
v. To fix the tariffs applicable to customers for landline & broadband services.
vi. To do Billing/Invoicing for the services availed by the customers.
vii. No services from other Telecom Operator shall be extended to customer over the infrastructure/cable laid by outsourced partner.
1.6 Role & responsibility of outsourced partner:
i. Equipment of external plant like pillar, DPs, Poles, house wiring, LJU, etc for their portion of work shall be provided and maintained by the outsourced partner. All these equipments will be compatible with the telephone exchanges system of BSNL.
ii. Helping in customer acquisition, last mile cable laying/Ethernet/Copper cabling/wiring. Providing instruments/modems/CPE/Splitter installation. Thereafter operation & maintenance of BSNL landline/Broadband service at the premises of BSNL customers.
iii. Operation & maintenance of cable network beyond “pillar” that is provisioned by the outsourcing partner during the contract period.
iv. Sale and Pro-actively marketing BSNL’s landline, Broadband service and BSNL products.
v. To carry out formalities for customer acquisition, assisting customers in filling up on CAF (Customer acquisition form), and subscription of BSNL services by residents in a proactive manner. To carryout required co-ordination with BSNL commercial/booking officers for completion of commercial formalities.
vi. To deploy trained personnel for resolving customer complaints/faults etc.
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vii. To do the fault restoration of the telecom network installed & maintained by outsourced partner.
viii. To do the back filling and dressing/re-installment of the trench created during the laying of cable at outsourced partner’s cost.
1.7 The successful bidder shall assist BSNL in rolling out LL/ Broadband services which includes deployment, Customer Acquisition, Provisioning & maintenance as per the terms and conditions of this EOI.
1.8 Selection criteria for Techno- Commercial Evaluation for outsourcing Deployment, Provision and Maintenance of Wireline Landline/Broadband connections in the New developing/upcoming areas/TNF locations on revenue sharing basis having the minimum eligibility conditions fulfilled may be as follows:
i Experience of firm 25 marks ii Turnover 20 marks iii Place 5 marks
a. Short listing will be done on the basis of point number (i) to (iii). b. All parameters are as defined under the ‘Eligibility Requirements’ section. Place is ascertained as the place where firm/ company is registered (service tax registration) or where it has operations (existing shop/ office) for at least last two years or more.
1.81 Scoring Guidelines for Selection Criteria
a. Experience of firm (Total Marks: 25)
Copper/OF LL/BB/FTTH/Mobile Others Cable Connection laying provision by CFA/CM Franchisees a. Fulfillment of Minimum Criteria 12 7 3 and up to 1 year in excess b. Greater than 1 years in excess 15 10 5 but less than 2 years in excess c. Greater than 2 years in excess 25 20 10
The experience certificate should be issued by at least an officer of Gr.’A’ or equivalent rank in case of government or PSUs. In case of private operators the experience certificate should be issued by at least the regional marketing head of the company. The certificate should clearly state the products/ service distributed/contract executed, the geographical area / region of authorized distributorship/contract and periods (from month/year to month/year) of authorized distributorship/contract. For a firm indicating experience in distributorship across telecom, or others the experience corresponding to higher marks shall only be considered as per above table. In any case, experience under only one category shall be counted in the overall score.(For the propose of experience, the authorized Distributor will be one who has been authorized by the company / organization / firm producing the product / service to act as its authorized distributor and sell its specific product / service through his retail chain in the area allotted to him for distribution).In the case of partnership firm, the EOI for Outsourcing of LL/BB deployment, provisioning and maintenance Page 12 of 64
Telecom/ other experience of firm (not of individual partner) as described above would only be considered.
b. Turnover (Total Marks = 20)
a. Fulfillment of Minimum Criteria up to 20 percent in 7 excess b. Greater than 20 percent in excess but less than 50 10 percent in excess c. Greater than 50 percent in excess 20
Proof of Turnover for each of the three financial years (2013-14, 2014-2015 & 2015-2016 must be submitted. Audited / certified statement of accounts including balance sheet and profit and loss statement along with annexure, if any, reflecting turnover and profits clearly and duly certified and signed by a Chartered Accountant (CA), with signature of CA in original, must be submitted for each of the two financial years, as proof of turnover. If documents for 2015-16 not available, then 2012-13 will be also considered.
c. Place (Total Marks – 5)
a. Bidder functions and conducts business in the same 5 SSA. . b. Bidder functions and conducts business in the same 2 Circle Bidder should have registration of service tax within same SSA/ as the case may be for the SSA// Circle the bidder works and conducts his business.
Financial Evaluation
Financial Evaluation depends on the revenue share quoted by the bidder.
2. Successful Bidder’s responsibility: The scope of work includes Copper/OF cable laying ,customer acquisition, provisioning and maintenance of LL/BB connections. 2.0 Route Index Diagrams - General: This diagram shall consist of Cable Route Details on Geographical Map drawn to scale with prominent land marks and alignment of cable with reference to road. This shall be prepared on A-3 sheet.
2.0.1 Route Index Diagram - Profile: These diagrams will contain Make, size and length of the feeder Copper/OF cable
This contains:
(i) Two Point Offset of cable i.e., One from centre of the road and one from the nearest wall / fixed structure, each taken at every 10 meters; (ii) Depth profile of Cable at every 10 meter for the length where it is laid in underground. (iii) Details of protection with type of protection depicted on it; (iv) Location of joints and pulling manholes with Three Point Offset i.e., from nearest permanent structures taken in different directions. (v) These diagrams shall be prepared A-4 sheets. On one sheet profile of maximum 200 meters shall be given to ensure clarity.
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2.0.2. Joint Location Diagram :
This diagram will show
(i) Geographical location of all the joints. (ii) Location of joints manholes with Three Point Offset i.e., from nearest permanent structures taken in different directions. (iii) Depth of joint chamber covers from ground level (iv) Type of chamber (Brick/Pre-cast) (v) Length of copper/ O.F. cable kept inside the joint chamber from either direction.
2.0 .3 L-14 Diagram to be submitted
Details of assets being building up, to be with BSNL approval and details made over to BSNL time to time.
2.1 Customer Acquisition:
2.1.1 Bidder shall pro-actively market LL/BB services of BSNL, contact the prospective customers, educate them about BSNL’s LL/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 LL/Broadband Provisioning
2.2.1 All the new LL/ 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 also put through by 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. 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.
2.3 LL/Broadband Service Maintenance
2.3.1 LL/Broadband Faults are booked in BSNL IT system. A docket of LL/Broadband Fault is generated in the BSNL IT System mentioning the time of Booking etc. All the LL/Broadband faults booked in BSNL IT system shall be made over to Bidder.
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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 in the system.
2.3.9 Activities to be carried out by Successful Bidder in rectification of the LL/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. 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 EOI for Outsourcing of LL/BB deployment, provisioning and maintenance Page 15 of 64
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) of BSNL. 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 of BSNL, 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 also arrange over head wire (such as drop-wire/5 pair cable etc.) at his own cost for fault repair of the overhead lines. ii. All facilities (except access to BSNL IT System) required for the maintenance of LL/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.
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 with the bidder’s identity Card (not BSNL), 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 EOI for Outsourcing of LL/BB deployment, provisioning and maintenance Page 16 of 64
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 attested 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 to BSNL the attested 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 wholly indemnify BSNL in this regard.
3. Scope of activity by BSNL /Bidder
3.1.1 Provisioning
i. Issue of advice note -BSNL ii. Landline/BB installation -Bidder iii. Broadband advice note and configuring the plan in NIB- BSNL iv. Jumpering Activity at MDF -BSNL
3.1.2 Fault rectification i. Receiving fault complaints –BSNL/Bidder ii. Attending NIB fault-BSNL iii. Attending cable fault of the bidder- Bidder iv. Final testing & Closing of fault dockets- BSNL
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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 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 EOI for Outsourcing of LL/BB deployment, provisioning and maintenance Page 18 of 64
result in rejection of the bid.
5.0 CLARIFICATION OF BID DOCUMENTS 5.1. A prospective bidder, requiring any clarification on the Bid Documents shall notify the BSNL in writing by FAX or by Email of the BSNL as indicated in the invitation of Bid. BSNL shall respond in writing to any request for the clarification of the Bid Documents, which it receives 7 days prior to the date of opening of the Tenders. Copies of the query (without identifying the source) and clarifications by 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 BSNL 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 BSNL 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, BSNL 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 10. (b) Bid Security furnished in accordance with clause 11. (c) A Clause by Clause compliance as per clause 10.2(a) (d) A Bid form and price schedule completed in accordance with clause 8 & Section 9 Part B. (e) Drawing indicating the route for cable laying and type of cable. 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 price schedule.
9.0 DOCUMENTS ESTABLISHING BIDDER'S ELIGIBILITY AND QUALIFICATION 9.1. 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) Additional documents to establish the eligibility and qualification of bidder as specified in Section-I and Section-4 Part B. b) Power of Attorney as per clause 13.3 (a) and (d) and authorization for executing the power of Attorney as per clause 13.3 (b) or (c). c) Documentary proof of applicable rate of ED/ CD/ Sales Tax/ VAT /Service Tax/EPF Registration/ESI Registration. d) Certificates from all Directors of the bidder stating that none of their near relatives EOI for Outsourcing of LL/BB deployment, provisioning and maintenance Page 19 of 64
are working in BSNL in accordance with clause 30. e) Certificate of incorporation. f) Article or Memorandum of Association or partnership deed or proprietorship deed as the case may be. g) 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. 9 .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 and production capability necessary to perform the contract.
10.0 DOCUMENTS ESTABLISHING GOODs’ CONFORMITY TO BID DOCUMENTS 10.1 Pursuant to clause 7, the bidder shall furnish, as part of its bid, documents establishing the conformity of its bid to the Bid Documents. 10.2 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) Bidder is required to furnish a clause-by-clause compliance demonstrating substantial responsiveness to the Technical Specifications and Commercial Conditions of the EOI. 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, Technical Specifications, (Section-3 Part A), General (Commercial) Conditions & Special (Commercial) Conditions, (Section- 5 Part A & B ) shall not be considered.
10.3 For the purpose of compliance to be furnished pursuant to the clause 10.2 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 BSNL in its Technical specifications are intended to be descriptive only and not restrictive.
11.0 BID SECURITY / EMD 11.1 The bidder shall furnish, as part of its bid, a bid security as mentioned in Section-1(DNIT). 11.2 The bid security is required to protect BSNL against the risk of bidder's conduct, which would warrant the forfeiture of bid security. 11.3. A bid not secured in accordance with Para 12.1 & 12.2 shall be summarily rejected by BSNL being non-responsive at the bid opening stage and archived unopened on e-tender portal for e-tenders. 11.4 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 BSNL pursuant to clause 12. 11.5 The successful bidder's bid security will be discharged upon the bidder's acceptance of the advance work order satisfactorily in accordance with clause 25 and furnishing the performance security. 11.6 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 AWO and/ or does not submit PBG & sign the contract/ agreement in accordance with clause 26.
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12.0 PERIOD OF VALIDITY OF BIDS 12 .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 BSNL being non-responsive. 12.2 In exceptional circumstances, BSNL 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 11 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.
13.0 FORMAT AND SIGNING OF BID 13.1. The bidder shall submit his bid, online (in case of e-tendering) 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 (in case of e-tendering) by the authorized person. The letter of authorization shall be indicated by written power-of-attorney accompanying the bid. Note:- BSNL may ask the bidder(s) to supply, besides original bid, additional copy of bids as required by him. 13.2. 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.
13.3 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 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. (c) 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.
14.0 SEALING AND MARKING OF BIDS 14.1 The bid should be submitted as per Clause 3 of tender information . 14.1.1 The bids may be called under Single Stage Bidding & Two Envelope System The details of sealing & marking of bids in each case is given below: 14.1.2 In Single stage bidding & two envelopes system, the bidder shall submit his bid in two envelopes; The First envelope will be named as Techno-commercial bid. This envelope will contain documents of bidder’s satisfying the eligibility / Technical & commercial conditions as per clause 2 & 10 with Bid Security as per Clause 11. Second envelope will be named as Financial bid containing Price Schedules. The cover of first envelope shall contain the ‘Original Copy’ of the Techno-commercial bid, subject to clause 3 of Section 2 and duly marked ' TECHNO-COMMERCIAL BID '. The cover of second envelope shall contain the ‘Original Copy’ of the financial bid, subject to
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clause 14.2, duly marked ' FINANCIAL BID '. Both the envelopes should be sealed separately and further kept in a single main envelope under the personal seal of the bidder.
14.2 a) The envelopes shall be addressed to AGM(Cable Plg), O/o PGMT,BSNL, Thrissur-22 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 inner and outer envelopes shall indicate the name and complete postal address of the bidder to enable BSNL to return the bid unopened in case it is declared to be received 'late'. d) Tender 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 14.2 (a) above). The responsibility for ensuring that the tenders are delivered in time would vest with the bidder. e) Bids delivered in person on the day of tender opening shall be delivered upto specified time & date as stated in NIT to AGM (Cable Plg) O/o PGMT, Thrissur-22 (address is given in clause 14.2 (a) above). BSNL shall not be responsible if the bids are delivered elsewhere. f) Venue of Tender Opening: (i) The venue of tender opening to be indicated by the SSA. and (ii) If due to administrative reasons, the venue of Bid opening is changed, it will be displayed prominently at www.kerala.bsnl.co.in . 14.3 If both the envelopes are not sealed and marked as required at para 14.1 and 14.2, the bid shall be rejected.
15. 0 SUBMISSION OF BIDS 15.1. Bids must be submitted by the bidders on or before the specified date & time indicated in Clause 6 of Section-I i.e. DNIT. 15.2 BSNL may, at its discretion, extend this deadline for the submission of bids by amending the Bid Documents in accordance with clause 6 in which case all rights and obligations of BSNL and bidders previously subject to the deadline will thereafter be subjected to the extended deadline. 15.3 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.
16.0 LATE BIDS 16.1 No bid shall be accepted online by E-Tender Portal after the specified deadline for submission of bids prescribed by BSNL.
17 MODIFICATION AND WITHDRAWAL OF BIDS 17 .1 The bidder may modify, revise or withdraw his bid after submission prior to deadline prescribed for submission of bid. 17.2 The bidder’s modification, revision or withdrawal shall have to be online and digitally authenticated as per clause 13. 17.3 Subject to clause 19, no bid shall be modified subsequent to the deadline for submission of bids .
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18.0 OPENING OF BIDS BY BSNL 18.1 BSNL shall open bids online (in case of E-Tenders) in the presence of the authorized representatives of bidders online (in case of e-Tenders) or physically present (in case of e-Tenders as well as manual bidding process) 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). 18.2 A maximum of two representatives of any bidder shall be authorized and permitted to attend the bid opening. 18.3 Name of envelopes to be opened & information to be read out by Bid Opening Committee (i) 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 of tender opening given in NIT. The financial bid will not be opened on the Date of opening of techno commercial bids in this case & sealed financial bids will be handed over to AGM (CP),O/o PGMT, BSNL, Thrissur SSA for retention. Thereafter the TEC will evaluate Techno-commercial bids & the report of TEC will be approved by competent authority. 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. (ii) 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. (iii) 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) Revenue share quoted in the bid
18.4 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.
19.0 CLARIFICATION OF BIDS 19.1 To assist in the examination, evaluation and comparison of bids, BSNL 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. 19.2 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 BSNL 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.
20.0 (Refer Clause 1 of Section-4 Part-B)
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21.0 (Refer Clause 1 of Section-4 Part-B)
22.0 CONTACTING THE PURCHASER 22.1 Subject to Clause 19, no bidder shall try to influence BSNL on any matter relating to its bid, from the time of the bid opening till the time the contract is awarded. 22.2 Any effort by a bidder to modify its bid or influence BSNL, in BSNL's bid evaluation, bid comparison or contract award decision shall result in the rejection of the bid.
23.0 PLACEMENT OF ORDER / AWARD OF WORK 23.1 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. 23.2 L1 shall be considered for awarding of complete work.
24. 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.
25. ISSUE OF ADVANCE WORK ORDER
25.1 . The issue of Work Order shall constitute the intention of BSNL to enter into contract with the bidder. 25.2 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
26. SIGNING OF CONTRACT 26.1 The issue of work order shall constitute the award of contract on the bidder. 26.2 Upon the successful bidder furnishing performance security pursuant to clause 25, BSNL shall discharge the bid security in pursuant to clause 11, except in case of L-1 bidder, whose EMBG/ EMD shall be released only after finalization of ordering of complete tendered work.
27. ANNULMENT OF AWARD Failure of the successful bidder to comply with the requirement of clause 25 & 26 shall constitute sufficient ground for the annulment of the award and the forfeiture of the bid security in which event BSNL may make the award to any other bidder at the discretion of BSNL or call for new bids. EOI for Outsourcing of LL/BB deployment, provisioning and maintenance Page 24 of 64
28. REJECTION OF BIDS 28.1 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 11.1 & 12.1 of Section- 4 Part A: The bids will be rejected at opening stage if Bid security is not submitted as per Clauses 11.1 and bid validity is less than the period prescribed in Clause 12.1 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 9 of section 4 Part A are not enclosed, the bids will be rejected without further evaluation. c) Clause 10.2(a) 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 and Section-3 Technical Specifications 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: Percentage of revenue share are not filled in as prescribed in price schedule.
28.2 Before outright rejection of the Bid by Bid-opening team for non-compliance of any of the provisions mentioned in clause 31of Section-4 PartA, 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. 28.3 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. 28.4 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
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preserved on the date of tender opening will be returned to the bidders after issue of W.O. against the instant tender. 28.5 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.
29. 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. BSNL will take action as specified in Appendix-1 of this section.
30. NEAR-RELATIONSHIP CERTIFICATE 30.1 . 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. 30.2 . The Company or firm or the person will also be debarred for further participation in the concerned unit. 30.3 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). 30.4. The format of the certificate is given in Section 6 (B).
31. 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 BSNL will take action as per Clause-1 of Appendix-1 of this section.
32. Security Clause as per latest guidelines and requirement
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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.
.
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Appendix-1 to Section 4 Part A S. Defaults of the bidder / vendor. Action to be taken No. A B C 1(a) Submitting fake / forged i) Rejection of tender bid of respective Vendor. a) Bank Instruments with the bid to ii) Banning of business for 3 years which meet terms & condition of tender in implies barring further dealing with the respect of tender fee and/ or EMD; vendor for procurement of Goods & Services including participation in future tenders b) Certificate for claiming exemption in invited by BSNL for 3 years from date of issue respect of tender fee and/ or EMD; of banning order. iii) Termination / Short Closure of WO, if and detection of default at any stage issued. This implies non-acceptance of further from receipt of bids till award of AWO/ supplies / work & services except to make the issue of WO. already received material work/ complete work in hand.
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 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 i) Rejection of Bid & award of AWO ii) Forfeiture of EMD.
(ii) If detection of default after issue of i) Cancellation of AWO , AWO but before receipt of PG/ SD ii) Rejection of Bid & (DD,BG etc.) iii) Forfeiture of EMD.
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S. No. Defaults of the bidder / Action to be taken vendor. A B C (iii) If detection of default after i) Cancellation of AWO receipt of PG/ SD (DD,BG etc.) . ii) Rejection of Bid & 1(b) iii) Forfeiture of PG/ SD. contd. However on realization of PG/ SD amount, EMD, if not already released shall be returned.
(iv) If detection of default after i) Termination/ Short Closure of WO issue of WO and Cancellation of AWO ii) Rejection of Bid & iii) Forfeiture of PG/ SD. However on realization of PG/ SD amount, EMD, if not released shall be returned.
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 Banning of business for 3 years which the following : implies Barring further dealing with the vendor for procurement of Goods & a) Obstructing functioning of Services including participation in future tender opening executives of tenders invited by BSNL for 3 years BSNL in receipt/ opening of from date of issue of banning order. tender bids from prospective Bidders/ Contractors.
b) Obstructing/ Threatening other prospective bidders i.e. Contractors from entering the tender venue and/ or submitting their tender bid freely.
3 Non-receipt of acceptance of Forfeiture of EMD. AWO and SD/ PG by L-1 bidder within time period specified in AWO.
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S. Defaults of the bidder / Action to be taken No. vendor. A B C 4.1 Failure to supply and/ or i) Termination of WO. Commission the equipment and ii) Under take purchase/ work at the risk /or execution of the work at all & cost of defaulting vendor.
even in extended delivery iii) Recover the excess charges if incurred schedules, if granted against from the PG/ SD and outstanding bills of the WO. defaulting Vendor.
4.2 Failure to supply and/ or i) Short Closure of WO to the quantity Commission the equipment and already received by and/ or commissioned in /or execution of the Work in full BSNL and/ or in pipeline provided the same is
even in extended delivery usable and/or the Vendor promises to make it schedules, if granted against usable. WO. ii) Under take 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 Network Security/ Safety/ i) Termination of WO . Privacy:- If the vendor tampers ii) Banning of business for 3 years which with the hardware, software/ implies barring further dealing with the vendor firmware or in any other way that 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 a) Adversely affects the normal bills etc. working of BSNL equipment(s)
and/ or any other TSP through BSNL.
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.
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S. Defaults of the bidder / Action to be taken No. vendor. A B C
5 c) tampers with the billing con- related data/ invoicing/ td. account of the Customer/ User(s) of BSNL and/ or any other TSP(s). d) hacks the account of BSNL ( Continued ) Customer for unauthorized use iv) Legal action will be initiated by BSNL i.e. to threaten others/ spread against the Vendor if required. improper news etc.
e) undertakes any action that affects/ endangers the security of India.
6
i) Termination/ Short Closure of the 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. If the vendor is declared bankrupt iii) No further supplies are to be accepted or insolvent or its except that required to make the already financial position has become supplied items work. unsound and in case of a limited iv) In case of turnkey projects, If the material company, if it is wound up or it is is commissioned and is usable without any liquidated. 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. (continues )
6 Undertake recovery of financial penalty from con- outstanding dues of vendor including PG/ SD. td.
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6 i) Termination/ Short Closure of the 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 it ems work. iv) In case of turnkey projects, If the material In the event of the vendor, its is commissioned and is usable without any proprietor, Director(s), partner(s) degradation of performance, then settle bills is / are convicted by a Court of for the acceptable equipment/ material (or its Law following prosecution for part). offences involving moral turpitude v) In case of turnkey projects, If the material in relation to the business is inducted in network & it is not possible to dealings. 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. 7 If the vendor does not return/ i) Take action to appoint Arbitrator to refuses to return BSNL’s dues: adjudicate the dispute.
i) Termination of contract, if any.
ii) Banning of business for 3 years which
implies barring further dealing with the vendor a) inspite of order of Arbitrator. 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. (continues )
7 iii) Take legal recourse i.e. filing recovery con- suite in appropriate court. td. 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. 10 If the Central Bureau of Take Action as per the directions of CBI or Investigation/ Independent concerned department. External Monitor (IEM) / Income Tax/ Sales Tax/ Excise / Custom Departments recommends such a course EOI for Outsourcing of LL/BB deployment, provisioning and maintenance Page 32 of 64
11 The following cases may also be considered for Banning of business: (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 i) Banning of business for 3 years which of malpractices such as bribery, implies Barring further dealing with the vendor corruption, fraud, substitution of for procurement of Goods & Services including tenders, interpolation, participation in future tenders invited by BSNL misrepresentation with respect to for 3 years from date of issue of banning the contract in question. order. (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 3: The above penalties will be imposed provided it does not clash with the provision of the respective tender.
Note 4:-In case of clash between these guidelines & provision of invited tender, the provision in the respective tender shall prevail over these guidelines.
Note 5: 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.
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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 BSNL 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, BSNL 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. BSNL'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 BSNL and shall not subsequent to the bid opening be made responsive by the bidder by correction of the non- conformity. 1.5 BSNL 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 BSNL 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 35%. 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.
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Section- 4 Part C E-tendering Instructions to Bidders
Note :-The instructions given below are ITI’s e-tender portal-centric and for e-tenders invited by CFA-Mktg, BSNL, Kerala Telecom Circle only. E-Portal address and the according references/clauses may be suitably modified in this section as applicable from time to time.
General These Special Instructions (for e-Tendering) supplement ‘Instruction to Bidders’, as enclosed in Sec 4 Part A of the Tender Documents. Submission of Bids only through online process is mandatory for this Tender.
For conducting electronic tendering, BSNL Kerala Circle is using the portal (http:// www.tenderwizard.com/BSNL ) of M/s ITI, a Government of India Undertaking.
1. Tender Bidding Methodology: ‘Single stage Bidding & Two Stage Opening - using Two electronic Envelope System’, Financial & Techno-commercial bids shall be submitted by the bidder at the same time.
2. Broad outline of activities from Bidders prospective: 1. Procure a Digital Signing Certificate (DSC) 2. Register on Electronic Tendering System ® (ETS) 3. Create Users and assign roles on ETS 4. View Notice Inviting Tender (NIT) on ETS 5. Download Official Copy of Tender Documents from ETS 6. Clarification to Tender Documents on ETS • Query to BSNL (Optional) • View response to queries posted by BSNL, as addenda. 7. Bid-Submission on ETS 8. Attend Public Online Tender Opening Event (TOE) on ETS Opening of Techno-commercial Part 9. View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond to BSNL’s Post- TOE queries 10. Attend Public Online Tender Opening Event (TOE) on ETS Opening of Financial-Part (Only for Technical Responsive Bidders) 11. Participate in e-Reverse Auction on ETS For participating in this tender online, the following instructions need to be read carefully. These instructions are supplemented with more detailed guidelines on the relevant screens of the ETS.
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. Registration To use the Electronic Tender ® portal (www.tenderwizard.com/BSNL ), vendor needs to register on the portal. Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e-tendering activities. In ETS terminology, this person will be referred to as the Super User (SU) of that organization. For
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further details, please visit the website/portal, and click on the ‘Supplier Organization’ link under ‘Registration’ (on the Home Page), and follow further instructions as given on the site.
Pay Annual Registration Fee as applicable.
Tender document can be downloaded from the website: www.tenderwizard.com/BSNL and to be submitted in the e-format as well as hard copy by post/courier/by hand.
Note: After successful submission of Registration details and Annual Registration Fee (as applicable). Please contact ITI/ ETS Helpdesk (as given below), to get your registration accepted/activated.
ITI Helpdesk/ ETS Helpdesk Telephone Mr.Dhanaraj Prakash 09686115308 e-mail [email protected] Mr Sanil . Mob.09747363433 e-mail:[email protected] [between 9:30 hrs to 18:00 hrs on working days] E-mail ID [email protected]
BSNL Contact-1 BSNL’s Contact Person AGM (Plg) Thrissur SSA Telephone/ Mobile 0487-2222119/9446539350 [between 9:30 hrs to 17:00 hrs on working days] E-mail ID [email protected]
BSNL Contact-2 BSNL’s Contact Person SDE( C-Plg),Thrissur SSA Telephone/ Mobile 0487-2222124/9446031555 [between 9:30 hrs to 17:00 hrs on working days] E-mail ID [email protected]
5. Bid related Information for this Tender (Sealed Bid) The entire bid-submission would be online on ETS. Broad outline of submissions are as follows:
Submission of Bid Security/ Earnest Money Deposit (EMD) Submission of digitally signed copy of Tender Documents/ Addendum/addenda Two Envelopes Techno-commercial -Part Financial-Part 6. Offline Submissions: The bidder is requested to submit the following documents offline to AGM(Plg), O/o PGMT, Thrissur SSA on or before the date & time of submission of bids specified in covering letter of this tender document, in a Sealed Envelope. The envelope shall bear (name of the work), the tender number and the words ‘DO NOT OPEN BEFORE’ (due date & time). 1. EMD-Bid Security in Original. 2. DD/ Bankers cheque against payment of tender fee. 3. Power of attorney in accordance with clause 13.3 of Section-4 Part A. 4. Integrity Pact.( If applicable)
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7. Special Note on Security of Bids Security related functionality has been rigorously implemented in ETS in a multi- dimensional manner. Starting with 'Acceptance of Registration by the Service Provider', provision for security has been made at various stages in Electronic Tender’s software. Security related aspects as regard Bid Submission are outlined below: As part of the Electronic Encrypter™ functionality, the contents of both the ‘Electronic Forms’ and the ‘Main-Bid’ are securely encrypted using a Pass-Phrase created by the Bidder himself. Unlike a ‘password’, a Pass-Phrase can be a multi-word sentence with spaces between words (e.g. I love this World). A Pass-Phrase is easier to remember, and more difficult to break. It is recommended that a separate Pass-Phrase be created for each Bid-Part. This method of bid-encryption does not have the security and data- integrity related vulnerabilities which are inherent in e-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid-encryption. Bid- encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE), even if there is connivance between the concerned tender- opening officers of the Buyer organization and the personnel of e-tendering service provider.
Typically, ‘Pass-Phrase’ of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself, when demanded by the concerned Tender Opening Officers who will open the bid. Else Tender Opening Officer may authorize the bidder to open his bid himself. There is an additional protection with SSL Encryption during transit from the client-end computer of a Supplier organization to the e-tendering server/ portal.
8. Public Online Tender Opening Event (TOE) ETS offers a unique facility for ‘Public Online Tender Opening Event (TOE)’. Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices. For this purpose, representatives of bidders (i.e. Supplier organization) dully authorized are requested to carry a Laptop and Wireless Connectivity to Internet. Every legal requirement for a transparent and secure ‘Public Online Tender Opening Event (TOE)’ has been implemented on ETS. As soon as a Bid is decrypted with the corresponding ‘Pass-Phrase’ as submitted online by the bidder himself (during the TOE itself), salient points of the Bids are simultaneously made available for downloading by all participating bidders. The work of taking notes during a manual ‘Tender Opening Event’ is therefore replaced with this superior and convenient form of ‘Public Online Tender Opening Event (TOE)’. ETS has a unique facility of ‘Online Comparison Chart’ which is dynamically updated as each online bid is opened. The format of the chart is based on inputs provided by the Buyer for each Tender. The information in the Comparison Chart is based on the data submitted by the Bidders in electronic forms. A detailed Technical and/ or Financial Comparison Chart enhances Transparency. Detailed instructions are given on relevant screens. ETS has a unique facility of a detailed report titled ‘Minutes of Online Tender Opening Event (TOE)’ covering all important activities of ‘Online Tender Opening Event (TOE)’. This is available to all participating bidders for ‘Viewing/ Downloading’. There are many more facilities and features on ETS. For a particular tender, the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer.
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NOTE: In case of internet related problem at a bidder’s end, especially during ‘critical events’ such as – a short period before bid-submission deadline, during online public tender opening event, during e-auction, it is the bidder’s responsibility to have backup internet connections. In case there is a problem at the e-procurement/ e-auction service- provider’s end (in the server, leased line, etc) due to which all the bidders face a problem during critical events, and this is brought to the notice of BSNL by the bidders in time, then BSNL will promptly re-schedule the affected event(s).
9. Other Instructions For further instructions, the vendor should visit the home-page of the portal (www.tenderwizard.com/BSNL ), and go to the User-Guidance Center
The help information provided through ‘ETS 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.
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 ETS.
The following ‘FOUR KEY INSTRUCTIONS for BIDDERS’ must be assiduously adhered to: 1. Obtain individual Digital Signing Certificate (DSC or DC) well in advance of your first tender submission deadline on ETS. 2. Register your organization on ETS well in advance of your first tender submission deadline on ETS 3. Get your organization’s concerned executives trained on ETS well in advance of your first tender submission deadline on ETS 4. Submit your bids well in advance of tender submission deadline on ETS as there could be last minute problems due to internet timeout, breakdown, etc. While the first three instructions mentioned above are especially relevant to first-time users of ETS, the fourth instruction is relevant at all times.
10. Minimum Requirements at Bidders end • Computer System with good configuration (Min P IV, 1 GB RAM, Windows XP) • Broadband connectivity. • Microsoft Internet Explorer 6.0 or above • Digital Certificate(s) for users.
11. Vendors Training Program One day training (10:00 to 17:00) would be provided. Training is optional. Vendors are requested to carry a Laptop and Wireless Connectivity to Internet.
Vendors may contact the ITI helpdesk personnel given in clause 4 of Section 4 Part C for any type of training/help, which they may require while uploading the bids.
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Scheduled Date Date of uploading of Tender document + 7 days Venue Sanchar Bhavan, BSNL Thrissur SSA
Vendors Training Charges Rs. 2,500/- (Per Participant) per (plus Service Tax @ 10.3 %) training day Mode of Payment of Fees DD payable to M/s ITI
BSNL Contact BSNL’s Contact Person AGM(Plg),Thrissur SSA Telephone/ Mobile 0487 2222119
E-mail ID [email protected]
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SECTION-5 Part A
GENERAL (COMMERCIAL) CONDITIONS OF CONTRACT 1. APPLICATION The general condition shall apply in contracts made by the purchaser for the procurement of goods. 2. STANDARDS The goods supplied under this contract shall conform to the standards prescribed in the Technical Specifications mentioned in section -3. 3. PATENT RIGHTS The supplier shall indemnify BSNL 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. Payment Terms (Refer clause- 5 of Section-5 Part-B) 6. FORCE MAJEURE 6.1 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 BSNL 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. 6.2 Provided, also that if the contract is terminated under this clause, BSNL shall be at liberty to take over from the Contractor at a price to be fixed by BSNL, 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 contractor at the time of such termination or such portion thereof as BSNL may deem fit, except such materials, bought out components and stores as the contractor may with the concurrence of BSNL elect to retain.
7. ACTION BY PURCHASER AGAINST BIDDER(S)/ VENDOR(S) IN CASE OF DEFAULT. 7.1 In case of default by Bidder(s)/ Vendor(s) such as (a) Failure to deliver and/ or commission any or all of the goods within the time period(s) specified in the contract, or any extension thereof granted by BSNL pursuant to clause15 of this section; (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; BSNL will take action as specified in Appendix-1 of Section-4, Part-A.
8. ARBITRATION 8.1 In the event of any question, dispute or difference arising under this agreement or in
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connection there-with (except as to the matters, the decision to which is specifically provided under this agreement), the same shall be referred to the sole arbitration of the PGM, Thrissur SSA or in case his designation is changed or his office is abolished, then in such cases to the sole arbitration of the officer for the time being entrusted (whether in addition to his own duties or otherwise) with the functions of the PGM Thrissur SSA or by whatever designation such an officer may be called (hereinafter referred to as the said officer), and if the PGMT or the said officer is unable or unwilling to act as such, then to the sole arbitration of some other person appointed by the PGM, Thrissur or the said officer. The agreement to appoint an arbitrator will be in accordance with the Arbitration and Conciliation Act 1996 as amended from time to time. There will be no objection to any such appointment on the ground that the arbitrator is a Government Servant or that he has to deal with the matter to which the agreement relates or that in the course of his duties as a Government Servant he has expressed his views on all or any of the matters in dispute. The award of the arbitrator shall be final and binding on both the parties to the agreement. In the event of such an arbitrator to whom the matter is originally referred, being transferred or vacating his office or being unable to act for any reason whatsoever, the CGMT, BSNL or the said officer shall appoint another person to act as an arbitrator in accordance with terms of the agreement and the person so appointed shall be entitled to proceed from the stage at which it was left out by his predecessors. 8.2 The arbitrator may from time to time with the consent of both the parties enlarge the time frame for making and publishing the award. Subject to the aforesaid, Arbitration and Conciliation Act, 1996 and the rules made there under, any modification thereof for the
time being in force shall be deemed to apply to the arbitration proceeding under this clause. 8.3 The venue of arbitration shall be PGMT Office, Thrissur SSA.
9. SET OFF Any sum of money due and payable to the contractor (including security deposit refundable to him) under this contract may be appropriated by BSNL 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.
10. COURT JURISDICTION 10.1 Any dispute arising out of the tender/ bid document/ evaluation of bids/ issue of AWO shall be subject to the jurisdiction of the competent court at the place from where the NIT/ tender has been issued. 10.2 Where a contractor has not agreed to arbitration, the dispute/ claims arising out of the Contract/ WO entered with him shall be subject to the jurisdiction of the competent Court at the place from where Contract/ WO has been issued. Accordingly, a stipulation shall be made in the contract as under. “This Contract/ WO is subject to jurisdiction of Court at Thrissur only”.
Note :- 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.
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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 LL/ Broadband Provisioning & maintenance as per TRAI BB LL No Parameters Benchmarks Benchmarks 1 Service Provisioning / Activation Time
% of connections provided within 15 days of registration of 100% in=<15 100% in =< 7 1.1 demands working days working days 2 Fault repair / Restoration time
2.2 % of faults repaired by next working day >90% >90% 100% for urban areas within 3 2.3 % of faults repaired within 3 working day >=99% days and 100% for Rural areas within 5 days
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 7(seven) 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. 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 LL/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 10% of the total payable amount of the work awarded for seven years (as estimated at the time of placement of work order) within 14 days from the date of issue of Advance Work Order by BSNL.
4.2 The proceeds of the performance security shall be payable to BSNL as compensation for any loss resulting from the contractor'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 EOI for Outsourcing of LL/BB deployment, provisioning and maintenance Page 42 of 64
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 contracto r. 4.4 The performance security Bond will be discharged by BSNL 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 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. 5.1.2 The payment shall be made in Indian Rupees.
5.2 Payment & penalties towards provisioning LL/BB
5.2.1 All the new LL/BB connections shall be provisioned within 7 days for landline and 15 days for Broadband 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. 5.2.2 In order to arrive at provisioning achieved within 7 days for landline and 15 days for Broadband, the time of provisioning task completion in NIB-task (i.e. indoor activity completion) shall be recorded and considered for the purpose. 5.2.3 All the 24 Hrs of the day shall be counted for the purpose of calculating the time taken in provisioning.
5.2.4 Bench mark of TRAI to be followed for connection provisioning. Section 5 Part B (1)
5.2.5 For provisioning beyond the said period 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 25% of amount payable towards provisioning in that month.
5.2.6 All the LL/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.
5.2.7 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 LL/BB final testing position and BSNL official shall clear the fault in BSNL IT system after testing.
5.2.8 For fault rectification beyond 3 days for Urban and 5 days for Rural no payment shall be made. i.e. the payment shall be restricted to the extent of percentage of LL/Broadband faults within 24 Hrs time. 5.2.9 Deleted.
5.2.10 In addition delay in rectification of faults beyond 3 days for Urban and 5 days for Rural shall invite a penalty. The penalty shall be in the form of reduction of payable amount proportional to percentage of LL/BB faults not rectified within norms.
5.2.11 For example, if 85% of the faults are cleared within 24 hrs , 10% of the faults are cleared in the period between 24 hours and 72 hours and 5% faults are cleared beyond 72 hrs time frame, then the revenue share payable towards maintenance shall reduce by 5% and total payable revenue share towards maintenance shall be (85%+ 0.1*10% - 5%)=81% of approved revenue share. EOI for Outsourcing of LL/BB deployment, provisioning and maintenance Page 43 of 64
5.2.12 Upper limit of % reduction in payable revenue share toward penalty as above shall be 25%.
5.2.13 If the amount of total penalty exceeds 25% 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
7. Additional Penalties:
Following penalties in addition to penalties for provisioning and maintenance as mentioned in clause 5 shall also be applied:
7.1 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.
7.2 BSNL shall make reasonable efforts in maintaining the 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.
7.3 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.
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
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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 with all attendant consequences.
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 .
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.
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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/ work order if issued and forfeit the EMD/ SD 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.200/- 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 DGM (Plg), O/o PGMT, BSNL,Thrissur (Hereafter referred to as BSNL) for participation in the tender of work of …………………………………………….. vide tender no. E-Tender/TCR SSA/Outsourcing of provisioning and maintenance of LL&BB in New Developing and TNF Locations/2016-17 Dated 12/08 /2016.
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 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 EOI for Outsourcing of LL/BB deployment, provisioning and maintenance Page 48 of 64
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.
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) BSNL,O/o PGMT,Thrissur” payable at Thrissur 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.200/- non-judicial stamp paper)
Dated:……………..
Sub: Performance guarantee.
Whereas DGM (Plg),O/o PGMT, Thrissur (hereafter referred to as BSNL) has issued an AWO no. …………..………. Dated ……/……/20….. awarding the work of …………… …… … ………………………………….. to M/s …………………..…………………………… R/o ………………………………………………………………… (hereafter referred to as “Bidder”) and BSNL has asked him to submit a performance guarantee in favour of DGM (Plg),O/o PGMT,BSNL,Thrissur 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
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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) ,O/o PGMT, BSNL, Thrissur” payable at Thrissur 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: Two representatives 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: EOI for Outsourcing of LL/BB deployment, provisioning and maintenance Page 53 of 64
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 made 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.
7. 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
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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. 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 PGMT Thrissur SSA, 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 CGMT, BSNL ,Kerala Circle shall appoint another person to act as Arbitrator in place of out going 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 seven 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 IMITED Signature:______Signature:______Printed Name: ______Printed Name:______Title:______Title:______
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Exhibit A to NDA
1. 1. Business Purpose: Outsourcing of deployment, Acquisition, Provisioning & Maintenance (LL/Broadband faults at customer premises including line faults) of BSNL’s LL/ Broadband services. Payment toward the connection 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
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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) Beneficiary Bank Name:……………………………… (b) Beneficiary branch Name:……………………………. (c) IFSC code of beneficiary Branch…………………….. (d) Beneficiary account No.:………………………………. (e) Branch Serial No. (MICR No.):………………………... 9. Whether the firm has Office/ works in the ………………………SSA? If so state its Address ……………………………………………………………………………………………………………………………………………… …………………………
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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 number of LL/BB connections which you are capable of providing in a year?
Name of the service Number of LL/BB connections which you are capable of providing in a year
4. Suggestion for improvement of the tender document.
………………………………………………………………………………………. ………………………………………………………………………………………. …………………………………………………………………………………….
Place…………………. Signature of contractor ………………………
Date …………………. Name of Contractor ……………………………
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SECTION-9 Part-A BID FORM
To From, …………………………………………. ……………………………………….
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 provide LL/BB connections...... 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 ……….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 perform all the services specified in the contract in accordance with the terms and conditions specified in the Section-2 (Tender Information). 7. Until a formal work 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 ......
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SECTION-9 Part-B
Price Schedule (Financial Bid)
I/ We/ M/s…………………………………………………………………………quote following Revenue share to be paid by BSNL towards deployment, provision and maintenance of Landline/Broadband service.
Revenue share % Quote to be paid by BSNL towards deployment, provision and maintenance of Landline/ Broadband services (upper limit SSA of % quote is 35%). * In Figures In words Thrissur
I/We have taken Note of the following:
1. Maximum Revenue share to be quoted is 35%.
2. *The revenue share % shall be limited to 2 decimal points only. Any figure after 2 decimal points shall be ignored for all purpose.
3. In case of variation between revenue share % mentioned in figures & words, the Revenue share % mentioned in words shall prevail.
4. Bidder shall quote revenue share in terms of percentage of total revenue Billed in a month from LL/BB services. Revenue share shall be on billed amount from LL/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. Revenue share shall be paid on FMC & usage of LL/BB services subscribed by the customers.
(Signature of Authorized Signatory)
Name……………………
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SECTION 10
NON FEASIBLE AREAS THRISSUR SSA
Sl No Exchange Location Anticipated Connection
Thozhiyoor 1 Vylathur 30 Vattampadam Elavalli 2 Puvathur 100 Peruvaloor Puthenkadappuram Kottappuram Thangalpadi Williamas 3 Chavakkad 150 Kattilappadi Karthika Sidhiq mosque Vyli Temple Kuttanellur Elamthuruty Thalore Konikkara 4 Ollur 125 Puthur Avinissery Perincherry Cheerachi Bharata 5 Alagappanagar 50 Nellayi Kainoor Eravimangalam 6 Mannamangalam 50 Ayyappankavu Chalampadam Cherukunnu Vettukad 7 Valakkavu 50 Kallazhi Marottichal Thanickamunayam 8 Kodannur Venginissery 50 Ammadam School Muttithadi Vellanikod Kallazhi 9 Varandarappilly 50 Pulikkani Palappilly Kannattupadam
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Pidikkaparambu 10 Inchakund 30 Thalupadam Mulangu 11 Thottipal 50 Rappal Thayamkulangara Inchamudi 12 Cherpu Perincherry 100 Palackal Karuvanoor 13 Eyyal Manthravathi Junction 15 Vayanasala Road 14 Velur Cochin 50 Vidya Engg College 15 Mattom Chowaloorpadi 50 Ambalkkad Anthikkad 16 Kandassankadavu 100 Kanjani Manalur Thalikkulam center 17 Vatanappilly 100 Vatanappilly center Chemmappilly 18 Chazhur Karuvankulam 45 Puthenpeedika Muriamthode Beach 19 Valappad 100 Snehatheeram Beach Nadavarambu Kadalayi 20 Vellangallur 100 Valavangadi Kottanellur church Kannikkara Kundai Jn Karoor 21 Kombodinjamakkal 80 Anappara Parakkattu kunnu Thumboor Chentrappinni East Vellani Nandi 22 Kattur Kizhupullikara 100 Edathirinji Road Chuloor Chemmanda Karalam 23 Moorkanad 60 Kalasamithi Porathussery Illikkal Kunnathangadi 24 Arimbur Kaipilly 75 Veluthur
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Vazhakode – Bharatiya Vidya 25 Mulloorkkara 15 Bhavan Road Cheruthuruthy- Paimkulam Road 26 Vallathol Nagar Chaikkal Road 60 Panamana Road Bible Compound Keezhillam Killimangalan – Alampuzha Road Thonnukkara – MLA Road 27 Chelakara 100 Nattianchira – Melankole Road
Uthuvadi – Water tank Road
Kanimangalam 28 Nedupuzha 50 Vadookara Cheerachi 29 Kuriachira 50 Chiyyaram Kootala 30 Kannara 30 Chemboothra 31 Vaniyampara Kuthiran malai temple 10 Thekkekulam 32 Peechi Mayiladumpara 45 KFRIQ 33 Kurichikkara Kongantara 15 Farm Road, Kozhukully Paravattani Kunnathumkara 34 Mannuthy Nettissery 100 Thottapadi
Kerala Agricutural University
35 Kodungallur KKTM College, Pullut 50
Balanpeedika, Chettikulam
Chandanakunnu, Chettikulam 36 Vellikulangara Marancode 30 Monody Kadambode Kodaly Koplipadam Chakkravani pocket road Pariyaram & PYM JN. 37 40 Vettilappara Kammalam kappela Thazhoor
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Kadungad Mannumpuram canal bund
Konnakuzhy-Balikulam road
Manali-Parakunnu road Konnakuzhy-ThanikunduRd Kuttikad west kappela Vettilapara Ayurveda hospital 38 Melur Adichili 15 Mechira 39 Chalakudy Kottat 100 Potta Koprakalam Azhakam 40 Kodakara 75 Peringattukulam Panthaloor Palappilly Erayankudy 41 Koratty 50 Chandipalam Kathikudam Mandikunnu Muringoor 42 Kadukutty 30 Guruthipala Kathikudam Total 2575
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