EXPRESSION OF INTEREST FOR SELECTION OF SYSTEM INTEGRATOR FOR ESTABLISHMENT OF SOLAR BASE STATIONS IN HARD-TO-REACH AREAS FOR STRENGTHENING OF BANGLADESH TELETALK NETWORK COVERAGE PROJECT
टेल क यु नकेश स ् कंसलट स ् इं डया ल मटेड
(भारत सरकार का उघम) ट . सी. आई. एल. भवन, ेटरेटरेटर कैलाशकैलाशकैलाश -1I नई द ल – 110048 TELECOMMUNICATIONS CONSULTANTS INDIA LIMITED (A Govt. of India Enterprise)
SECTION-1 EXPRESSION OF INTEREST
EOI TITLE Expression of Interest for selection of System Integrator for ‘Supply, installation and Integration of Telecom Equipments ( Access, Transmission, Mast & Site Solution , Commercial Power & Solar Power System and Spare Parts )
EOI NO. TCIL/DP/24/15/15/1/2021/N/446/EOI-T ISSUED ON 08-04-2021
Telecommunications Consultants India Ltd. (TCIL) is a Schedule ‘A’ engineering and consultancy company under the administrative control of the Department of Telecommunications (DOT), Ministry of Communications, Government of India. TCIL has extended its telecom consultancy and turnkey projects execution services to telecom operators, bulk users and others in India and 80 other countries in Middle East, Africa, South & South East Asia. The success story of TCIL lies in its Quality Management and excellence in project execution. The Company's organic and inorganic growth has led to multiply its standalone as well as group turnover manifold. Over the years it has been and continues to be a profitable and positive net worth company.
TCIL has been undertaking various projects in all fields of telecommunications and information technology & also continuously deploying new technologies in the field of
Page | 1 TELECOMMUNICATIONS CONSULTANTS INDIA LIMITED (A Govt. of India Enterprise)
Telecom Software, Switching and Transmission Systems, Surveillance, Rural Telecommunications, Cellular Services, Optical Fiber based Backbone Transmission Systems etc. TCIL has diversified its operation and has been executing turnkey projects of Power Transmission, Rural Roads and Civil Construction. TCIL has been executing projects in latest technologies like FTTH, VOIP, IPTV, 3G etc.
TCIL has been undertaking the projects in the fields of IT, Telecom, Power and Civil Engineering from the central and various state government departments round the globe. TCIL has in-house pool of technocrats encompassing skilled experts in various fields known to complete projects on-time and to user define standards.
TCIL intends to participate in Teletalk Bangladesh Limited Tender No. 14.35.0000.440.05.01.19/10 for ‘Supply, installation and Integration of Telecom Equipment (Access, Transmission, Mast & Site Solution, Commercial Power & Solar Power System and Spare Parts) , issued on 19/01/2021 by Teletalk Bangladesh Limited (herein after referred as “TELETALK BANGLADESH LIMITED TENDER”). The complete tender document is available and can be collected from concerned officer mentioned at S.No.14 of Section-1.Teletalk tender is to be read in conjunction with this EOI.
TCIL invites bids from reputed eligible bidders for selection of System Integrator for participation in the ‘TELETALK BANGLADESH LIMITED TENDER. This EOI document is available one-procurement portal (GePNIC), CPP Portal, TCIL’s website (https://www.tcil-india.com) and with concerned officer mentioned at S.No.14 of Section- 1.
EOI is invited for System Integrator who can take complete end to end responsibility for supply, installation, commissioning and integration of network comprising of four parts [as specified in Bangladesh Teletalk tender and covering 400 sites under 9 districts] including warranty of 365 days :
Part A: Supply, Installation and Integration of GSM and LTE Equipment [2.5G + 4G]
Page | 2 TELECOMMUNICATIONS CONSULTANTS INDIA LIMITED (A Govt. of India Enterprise)
Part B: Supply, Installation and Integration of Microwave Transmission Equipment Part C: Supply, Installation and Integration of Site Solution, Mast Part D: Supply, Installation and Integration of Commercial Power Connection, Solar Power System (7.5 KW) , 15KVA DG Set, DC Power system, Air Condition ( Split Type 1.5 T) Site Solution, Intelligent Ventilation System for BTS sites
Bidders should submit technical offer and the financial offer simultaneously as per dates indicated below. The technical offer of the bid will be opened publicly online on the same day, in the presence of the bidder’s designated representative who wishes to attend. Technical qualified bidder shall be informed about opening of their financial bid.
1. IMPORTANT DATES
Date of Posting of EOI on Portal 08-04-2021 Start Date & Time of Procurement of EOI 08-04-2021 15:00Hrs Lastdocuments Date of request for queries 13-04-2021 15:00Hrs Last date & time for submission of Bids 19-04-2021 15:00Hrs Date & time of Bid Opening 20-04-2021 15:00Hrs
2. SCOPE OF WORK Teletalk Bangladesh Limited intends for GSM network expansion to cater the growing demand in 9 Districts comprising of 400 sites. Districts are Bhola (38 sites ), Borguna ( 53 sites ), Ptuakhali (91 sites), Pirojpur (34 sites), Lakshmipur(11 sites 0 , Noakhali ( 13 sites ), Bagerhat ( 63 sites ), Khulna ( 60 sites) & Satkira ( 37 sites ). The scope of work is related to Supply, Installation and Integration of 400 numbers of GSM & LTE Equipment along with necessary telecom equipment and accessories for hard to reach areas. The Base station and Controller shall be equipped with various services and user interfaces and will be easily installed and maintained. The offered equipment should be modular in nature for easy maintenance and up gradation. The equipment will be complied with relevant
Page | 3 TELECOMMUNICATIONS CONSULTANTS INDIA LIMITED (A Govt. of India Enterprise) international standards of ITU and ETSI recommendations and shall support at least 3GPP Release 15 with following frequency spectrum.
Spectrum Band Downlink ( Mhz) Uplink ( Mhz) 900 M 935-940.2 890-895.2 1800 M 1805-1815 1710-1720 2100 M 2150-2160 1960-1970
Broadly the Scope of work of System Integrator comprises of four parts : 1. Part A- Survey , Supply, Installation and Integration of GSM and LTE Equipment, ( Detail can be seen in Teletalk Tender): Planning, Designing, Manufacturing, Shipping, Warehousing, Inland transportation & Delivery, Installation, Commissioning and Testing ( Drive test based Single site verification, Functional Test, PAT and FAT) of the Radio network system and other sub-system and accessories. Training and Warranty support after issuance of completion certificate by Teletalk Bangladesh. All supply and works will be done on full turn-key basis.
2. Part B - Supply, Installation and Integration of Microwave Transmission Equipment, (Detail can be seen in Teletalk Tender): Survey, Design, Manufacture, Shipment, Warehousing, Plan, Delivery as per Teletalk requirements, inland transportation, Installation , Commissioning and Testing of the Radio system and other sub-system and accessories in relevant links, in full turnkey conditions. Training and Warranty support after issuance of completion certificate by Teletalk Bangladesh.
3. Part C - Supply, Installation and Integration of Site Solutions, Mast ( Detail can be seen in Teletalk Tender under section 7 ) : Supply and work of BTS Room with Security Lock installation and Pole / Tower Constructions at different BTS sites in hard to reach areas of Bangladesh.
Page | 4 TELECOMMUNICATIONS CONSULTANTS INDIA LIMITED (A Govt. of India Enterprise)
4. Part D - Supply, Installation and Integration of Commercial Power connection, Solar Power System, 15KVA Diesel Generator System, DC power system, Air Condition (AC) and Intelligent Ventilation System (VTS) for BTS sites (Detail can be seen in Teletalk Tender under section 7). Warranty support after issuance of completion certificate by Teletalk Bangladesh.
(Note: The details scope of work shall be as per TELETALK BANGLADESH TENDER.)
3. PRE-QUALIFICATION CRITERIA S.N Qualification Criteria Documents to be submitted with proposal 1. The bidder should be an Indian Registered Company under Certificate of Incorporation/ Companies Act 1956 or 2013/ Proprietorship /Partnership Firm. Registration
2. Bidder must have valid PAN and GST registration. PAN and GST copy
3. The bidder’s Net-worth as should be positive in last three Audited Balance sheet of last financial years ending 31/03/2020 financial years
4. The bidder should have a minimum average turnover of 125 Audited Balance sheet of last Cr. three financial years
For Startups bidder: (INR 100 Cr.)
Page | 5 TELECOMMUNICATIONS CONSULTANTS INDIA LIMITED (A Govt. of India Enterprise)
The bidder should have experience of supply, installation and Copy of Contract / Award commissioning of similar goods, works and services executed Letter/ Agreement &completion during last SEVEN YEARS, ending 31.03.2021: certificate. Go-Live certificate (i) One similar project/work of value not less than INR 200 Cr. in case project is under O&M phase. (For Startups - INR 175 Cr. ) OR (ii) Two similar project/work of value not less than INR 125 Cr. (For Startups - INR 100 Cr. ) OR (iii) Three similar project/work of value not less than INR 100 Cr. (For Startups - INR 75 Cr. ) OR
Similar Works Means: Supply, Installation and commissioning of similar goods, works and services means the supply , installation and commissioning of GSM/LTE equipment / Microwave Equipment along with Mast / tower, commercial power system, solar power system , diesel engine generator system , DC power system, air conditioning and Intelligent Ventilation system for BTS sites.
Page | 6 TELECOMMUNICATIONS CONSULTANTS INDIA LIMITED (A Govt. of India Enterprise)
6. Bidder should submit Manufacturer Authorization Certificate from Original Equipment Manufacturers (OEMs) specification to the bid for items mentioned in the BOQ. Respective OEM selected by the SI should have minimum supply and / or production capacity of Goods : 1. Radio Access Network ( BTS / e NodeB including Antenna etc) : 800 2. BSC : 4 3. Microwave Transmission Link : 800 4. Network Management System : 2 5. BTS Tower and others : 800 6. Solar Power ( 7.5 KW) : 100 7. DC power solution and battery : 700
In addition to above, bidder has to submit following documents, failing which the offer submitted by bidder shall not be considered for further technical evaluation.
3.1 Additional Documents
S.N Qualification Criteria Documents to be submitted with proposal
1. Undertaking to provide support during Project Duration As per Section-4
Undertaking for Compliances for TCIL EOI NO. As mentioned at page 94 of Teletalk TCIL/DP/24/15/15/1/2021/N/446/EOI-TAND tender ( Form PG4-4) 2. TELETALK BANGLADESH LIMITED TENDER NO. 14.35.0000.440.05.01.19/10
3. Bidder shall have not been blacklisted by any agency As per Section-6
Page | 7 TELECOMMUNICATIONS CONSULTANTS INDIA LIMITED (A Govt. of India Enterprise)
Power of Attorney in physical mode on stamp paper as per Power of Attorney law in India or Board resolution (in Original) authorizing the signatory to act on behalf of the bidder with offline documents to be submitted with bid and the bidder should 4. ensure that the digital Signature used for uploading the tender document in e-tendering portal should be of the authorized person mentioned in Power of Attorney/ Board Resolution only.
The Bidder should not be involved in any Bankruptcy As per Section-8 5. filing or for protection from it.
6. Integrity Pact As per Section-9
Manufacturer’s Authorisation Letter As mentioned at page 95 of Teletalk 7 tender ( Form PG4-5)
Undertaking for Land Border Sharing ( NOT As per Section-13 8. APPLICABLE )
Other Mandatory Undertaking As per TCIL &Teletalk Bangladesh 9. tender
In case, the bidder fails to submit the above statement along with offer, their/his offer shall be considered as incomplete and is liable for rejection.
4. EOI FEE, EARNEST MONEY, PERFORMANCE BANK GUARANTEE AND SECURITY DEPOSIT
(a) EOI Fee: EOI fee is NIL.
(b) EARNEST MONEY: EMD is NIL. The bidder has to submit signed Bid Security Declaration form as per format given in the tender in Section – 16 of this EOI, accepting that if they withdraw or modify their bids during the period
Page | 8 TELECOMMUNICATIONS CONSULTANTS INDIA LIMITED (A Govt. of India Enterprise)
of validity etc., they will be suspended for the time specified in the tender document.
(c) PERFORMANCE BANK GUARANTEE (PBG):PBG to be submitted by selected System Integrator if TCIL gets the Letter of Award (LOA) from client ( Teletalk Bangladesh Limited ). PBG to TCIL amounting to 10% of the vendor bid value shall be submitted valid for entire duration of the contract ( 90 days beyond the project period including warranty period ) and will be returned after the client ( Teletalk Bangladesh Limited ) return back the PBG of TCIL. (refer page no. 57 of Teletalk Bangladesh tender ). BG from outside Delhi branch is also acceptable provided it is issued through SFMS platform. BG in physical form issued from a branch outside Delhi is also acceptable provided one of their branches in Delhi is authorized for accepting claims / correspondences from TCIL.
PBG to be issued from a Nationalized Bank and must be Bank Guarantee to be submitted in the prescribed format from a SFMS enabled Nationalized Bank through its Delhi branch through SFMS Platform. Details of beneficiary for issue of BG under SFMS Platform are as below:- Name Of Name Telecommunications Consultants India Beneficiary Limited and its Address TCIL Bhawan, Greater Kailash-1, New Details Delhi:- 110048 Name Of Name ICICI Bank Limited Beneficiary Address 9-A PHELPS Building, Connaught Place, New Delhi:- 110001 Bank and its IFSC Code ICIC0000007 Details
Note: 1) In this EOI, benefits to Micro and Small Enterprises shall be available as under ( NOT APPLICABLE ):
Page | 9 TELECOMMUNICATIONS CONSULTANTS INDIA LIMITED (A Govt. of India Enterprise)
a. Traders/ Resellers / Distributors / authorized agents will not be considered for availing benefits under MSME Act 2006 and PPP Policy 2012 as per MSE guidelines issued by MoMSME. ( NOT APPLICABLE ) b. To avail benefit of EMD exemption, Tender/EOI Fee Exemption, relaxation in Eligibility Criteria, Payments Terms, Micro and Small Suppliers (MSEs) who are manufacturer of Goods / Items and provider of Services, to ensure that ALL delivered Goods / items and Services of this EOI are listed in their MSME / NSIC certificate. Partial Listing of Goods / Services in their certificate shall render MSEs ineligible for benefits. ( NOT APPLICABLE ) 2) To avail benefits for Tender fee, eligibility criteria, all MSEs shall submit Udyog Adhar Memorandum / NSIC certificate / Udyam Certificate for respective goods / services along with a certificate from their statutory auditor certifying the amount of investment in plant and machinery by MSE in accordance with provisions of MSMED Act 2006 to be read with notifications No SO 2119(E) dated 26.06.2020.( NOT APPLICABLE ) 3) Startup Medium Enterprises (SME’s) registered with DIPP are exempted from submission of Tender/EOI Fee on production of requisite proof in the form of valid certification from DIPP. ( NOT APPLICABLE ) 4) As items are indivisible, purchase preference to MSME will not be applicable. ( NOT APPLICABLE ) 5) Non submission of requisite proof will be treated as bid without Tender/EOI Fees and shall be summarily rejected. ( NOT APPLICABLE ) 6) EMD of unsuccessful bidders shall be returned once successful bidder is notified. 7) PBG submitted by selected System Integrator will be returned after client returns back the PBG of TCIL.
5. VALIDITY PERIOD OF BID: Bid shall remain valid for 180 days after the date of bid opening. If the client (Teletalk) wishes to extend the bid validity from TCIL then selected vendor shall also be required to extend the bid validity without any price escalation. The bid valid for a shorter period shall be rejected by the TCIL as non- responsive.
Page | 10 TELECOMMUNICATIONS CONSULTANTS INDIA LIMITED (A Govt. of India Enterprise)
6. INSPECTION AND USER ACCEPTANCE: Bidder shall be responsible for conducting inspection and obtain acceptance certificate for complete scope of work. TCIL shall provide necessary support and documents.
7. FINANCIAL OFFER: Prospective bidder shall fill price against each item offered. Price shall be inclusive of delivery, inspection etc. charges on-site.
8. BIDDING SYSTEM: This EOI follows single stage two packet system, bidder have to submit both the packet as below simultaneously at the time of bid submission (online). Packet-1: Pre-Qualification and other Technical Documents & Compliances
Packet-2: Financial Offer as per Format
Note: Financial Offer of only technically qualified bidders shall be opened.
9. OFFLINE BID DOCUMENTS: The offline documents as mentioned below should be submitted (in ORIGINAL) by bidders to the office of Issuing Authority, on or before last Date and Time of Bid Submission.
1) Bid Security Declaration Form (in Original): Duly stamped & signed (by authorized signatory) as per the format in Section -16 of the EOI Document. 2) Integrity Pact duly on plain paper, stamped & signed (by authorized signatory) as per Section – 9. 3) Power of Attorney in physical mode on stamp paper as per law in India or extract of Board resolution (in Original) authorizing the signatory to act on behalf of the bidder with offline documents to be submitted with bid and the bidder should ensure that the Digital Signature used for uploading the tender document in online Portal should be of the authorized person mentioned in Power of Attorney/ Board Resolution only.
10.SELECTION OF BIDDER:TCIL will evaluate the credentials /documents submitted by bidders against various qualification criterion specified in clause no. 3 ‘Pre- Qualification Criteria’ and do further evaluation of pre-qualified bidders only,
Page | 11 TELECOMMUNICATIONS CONSULTANTS INDIA LIMITED (A Govt. of India Enterprise)
provided compliance to all other conditions of this EOI and Teletalk Bangladesh tender. Financial Offer of only technically qualified bidders shall be opened. Selection of bidder shall be on lowest financial offer (L-1 basis). 11.MOU ON SELECTION: MOU will be signed between TCIL and selected bidder on back-to-back terms & conditions.
12.PAYMENT TERMS- The payment terms between TCIL and selected party will be on back-to-back basis as follows within 30 days after receipt of payments from the main client and on satisfactory completion of work & submission of required documents. a) Advance payment: The advance payment shall be 10% of the total contract price which to be paid upon submission of claim and advance bank guarantee for equivalent amount. This advance payment shall be adjusted proportionately from the following payments to be paid b) Payment of equipment: b.1. 30% of the shipped equipment amount shall be paid upon receipt of commercial invoice along with shipping documents. b.2. 70% of the shipped equipment amount shall be paid upon receipt of commercial invoice along with provisional acceptance certificate (PAC) c) Payment of Spares: 100% of the spare part equipment amount shall be paid upon receipt of commercial invoice along with user acceptance certificate. d) Payment of training and factory acceptance: 100% of the training and factory acceptance amount shall be paid upon receipt of commercial invoice along with training completion certificate and factory inspection certificate e) Payment of civil work e.1. 60% of completed civil works amount shall be paid upon receipt of commercial invoice along with progress report. e.2. 40% of completed civil works amount shall be paid upon receipt of commercial invoice along with provisional acceptance certificate (PAC) f) Payment of Equipment services and other services 100% of the service amount shall be paid upon receipt of commercial invoice along with PAC to be issued by PD of related equipment and other services
Note: Payment will be made to contractor upon submission of PAC. On the discretion of contractor invoice could be produced with any no. of BTS. However, the EPC contractor can claim the payment in clusters of min. completion of ten sites.
Page | 12 TELECOMMUNICATIONS CONSULTANTS INDIA LIMITED (A Govt. of India Enterprise)
13.COMPLIANCE AND QUOTATION FOR SCHEDULE OF RATE ITEMS- Asper TELETALK BANGLADESH LIMITED TENDER No.14.35.0000.440.05.01.19/10 issued on 19/01/2021. Bidder shall undertake to comply with all technical, commercial etc. conditions of contract, except otherwise stated in this EOI document, unequivocally.
14.CONTACT INFORMATION: For further clarifications regarding detailed scope of work, BOQ, Bid Validity, Power of Attorney, Project Timeline and Payment Terms etc. of the tender document bidders may kindly contact the undersigned. Bidders should clearly go through the complete EOI & client’s tender document and submit technical and financial Proposal accordingly. Mr. Subhasis Pal, General Manager (Myanmar & OPGW) Telecommunications Consultants India Limited 2ndFloor, TCIL Bhawan, Greater Kailash-1, New Delhi- 110 048 Phone: 011-26202212, 9971541838 Email: [email protected] OR Ms. Alka Dawar (DGM – T) Phone: 011-26202532, 9899022782 Email: [email protected]
15.ISSUING AUTHORITY: All official communications in this regard to this EOI should be address to: EXECUTIVE DIRECTOR (Technical) TELECOMMUNICATIONS CONSULTANTS INDIA LIMITED ROOM No.301, 3rdFloor, TCIL BHAWAN, GREATER KAILASH-I, NEW DELHI-110 048 (INDIA)
-END OF SECTION -
Page | 13 TELECOMMUNICATIONS CONSULTANTS INDIA LIMITED (A Govt. of India Enterprise)
SECTION-2
INSTRUCTIONS TO BIDDERS
1. INTRODUCTION a. The "Purchaser" means Telecommunications Consultants India Ltd. (TCIL). b. Purchaser's representative means any officer of the purchaser appointed time to time by the purchaser to perform the duties, as shall be notified in writing to the bidder by the purchaser. c. “Bidder” means the individual or firm or corporate body or association of persons who participates in the EOI and submits its bid. After acceptance of the bid & award of contract by the purchaser, he will be known as “contractar”. d. The "Work" means all the works, which the bidder is required to carry out for the purchaser under the scope of this contract. e. "Letter of Intent" means the communication of the intention of the purchaser to the bidder to place the purchase order for the former`s offered goods/services. f. “Purchase/Work Order (PO)” means the order placed by the Purchaser on the Supplier/service provider duly signed by the Purchaser’s authorized representative to purchase certain goods &/ or services from the vendor/contractor. g. “Contract Price” means considerations payable to the supplier/contractor as stipulated in the Purchase or Work Order for performance of specified contractual obligations.
2. BIDDER TO BEAR COST OF SUBMITTING THE EOI: The Bidder shall bear all costs associated with the preparation and submission of the bid. The Purchaser in any case will not be responsible or liable for these costs regardless or the conduct of the bidding process.
3. AMENDMENT TO BID DOCUMENTS a. At any time, prior to the date of submission of bids, the Purchaser may for any reason, whether at its own initiative or in response to a clarification requested by a prospective bidder, modify the bid documents by amendments.
Page | 14 TELECOMMUNICATIONS CONSULTANTS INDIA LIMITED (A Govt. of India Enterprise)
b. The amendments / Corrigendum will be notified on TCIL Website and CPP portal and these amendments will be binding on them. Bidders are advised to visit TCIL Website/their intimated e-mail regularly for updates on this EOI.
4. EXTENSION OF TIME: In order to give prospective bidders required time in which to take the amendments into action in preparing their bid, the Purchaser may at its discretion extend the deadline for submission of bid suitably.
5. BID PRICE: The prices quoted by the bidder shall remain firm during the entire period of the contract and shall not be subject to variation on any account. The bid submitted with a variation clause (unless asked by the Purchaser) will be treated as non-responsive and rejected.
6. BID SECURITY (EMD):Nil
7. VALIDITY PERIOD OF BID: Bid shall remain valid for 180 days after the date of bid opening. If the client (Teletalk) wishes to extend the bid validity from TCIL then selected vendor shall also be required to extend the bid validity without any price escalation. The bid valid for a shorter period shall be rejected by the TCIL as non- responsive. 8. SIGNING OF THE BID a. Each page of the bid document shall be signed by the contractor or a person duly authorized by him. The letter of authorization in the form of power of attorney shall be attached to the bid b. The bid shall not have any overwriting. In case of mistake, the matter is to be re-written a fresh after cutting the earlier one and it should be signed by the contractor.
9. CLARIFICATION OF BIDS: a. During evaluation of bids, Purchaser may at its discretion ask the Bidder for clarifications/ confirmations/ deficient documents of its bid. The request for clarification and the response shall be in writing and no change in the price of substance of the bid shall be sought or permitted.
Page | 15 TELECOMMUNICATIONS CONSULTANTS INDIA LIMITED (A Govt. of India Enterprise)
b. The Purchaser does not bind himself to accept the lowest or any EOI and reserves to himself the right to accept the whole or any part of the EOI and altering the quantities offered and renderer shall supply the same at the rate quoted.
10. EVALUATION OF BIDS 1.1.The Purchaser shall evaluate the bids in respect to the substantive responsiveness of the bid or otherwise. The Purchaser shall carry out detailed evaluation of the substantially responsive bids. The Purchaser shall check the bid to determine whether they are complete, whether any computational errors have been made or required sureties have been furnished. 1.2.Arithmetical error shall be rectified on the following basis:- a. If there is a discrepancy between the unit price and total price that is obtained multiplying the unit price and quantity, the unit price shall prevail and the total price shall be corrected by the Purchaser. b. In case of discrepancy between words and figures, the amount in words shall prevail.
1.3.A bid determined as substantially non-responsive shall be rejected by the Purchaser. 1.4.The Purchaser may waive any minor infirmity or non-conformity or irregularity in the bid which does not constitute a material/service deviation 1.5.The Purchaser shall evaluate in detail and compare the bids which are substantially responsive. 1.6.The evaluation of the ranking shall be carried out on the landed price of goods offered inclusive of all taxes. 1.7.TCIL shall have the sole discretion in deciding the number of parties on whom the orders shall be finally placed. 11. PURCHASER 'S RIGHT TO VARY QUANTITIES: The Purchaser reserves the right any time to vary quantity of the work mentioned in the work order issued to the Bidder depending upon the work requirement in line with variation clause of the Teletalk tender.
Page | 16 TELECOMMUNICATIONS CONSULTANTS INDIA LIMITED (A Govt. of India Enterprise)
12. PURCHASER 'S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS: The Purchaser does not bind itself to accept lowest or any other bid and has the right to cancel the bidding process and reject all bids at any time prior to award of the contract without assigning any reason whatsoever and without thereby incurring any liability for the Purchaser’s action.
13. NOTIFICATION OF SUCCESSFUL BIDDER: Prior to the expiry of the validity of bid period, the Purchaser shall issue LOI to the successful Bidder and the bidder is required to confirm in writing that the offer has been accepted.
14. PURCHASER’S RIGHT TO AWARD THE WORK TO MORE THAN ONE BIDDERS: The Purchaser reserves the right to get this work done from more than one contractor at lowest (L-1) rate .Decision of the purchaser regarding splitting of work and award to more than one contractor at L-1 rate shall be final.
15. ISSUE OF WORK ORDER: The Purchaser reserves the right to issue the work orders of whole the tendered quantities in one lot or in many lots after observing the performance of the contractor.
16. POST BID CLARIFICATIONS: No post bid clarification at the initiative of the bidders shall be entertained and any effort by the bidders to influence the Purchaser in the Purchaser’s bid evaluation, bid comparison or award of the contract shall result in rejection of the bid.
17. SUB–LETTING: The bidder cannot assign or transfer and sub contract its interest/obligations under the contract without prior written permission of the purchaser.
18. SUBMISSION OF BID: Bids shall be submitted Online and Offline as per instructions mentioned in section-I.
19. MODIFICATION AND WITHDRAWAL OF BIDS a. The bidder may modify or withdraw his bid after bid submission, provided that written notice of the modification or withdrawal is received by the Employer prior to the deadline for submission of bids.
Page | 17 TELECOMMUNICATIONS CONSULTANTS INDIA LIMITED (A Govt. of India Enterprise)
b. No bid shall be modified by the bidder after the deadline for submission of bids.
20. OPENING OF BIDS: The bid will be opened at 15:30 Hrs. (IST) on the date of opening indicated in "Expression of Interest". The Bidder or his authorized representative may be present at the time of opening of bid on the specified date. In case of unscheduled holiday on the closing/opening day of bid, the next working day will be treated as scheduled prescribed day of closing/opening of bid; however the time notified remaining the same. Bid of those bidders will be opened whose EMD, Integrity pact, power of attorney documents will be found submitted.
21. ADVICE TO BIDDERS FOR AVOIDING REJECTION OF THEIR OFFERS TCIL has to finalize its purchase within a limited time schedule. Therefore, it may not be feasible for TCIL to seek clarifications in respect of incomplete offers. Prospective bidders are advised to ensure that their bids are complete in all respects and conform to TCIL‟s terms, conditions and bid evaluation criteria of the EOI. Bids not complying with TCILs requirement may cause for rejection of their bids.
22. SUBMISSION OF FORGED DOCUMENTS Bidders should note that TCIL may verify authenticity of all the documents/certificate/information submitted by the bidder(s) against the EOI. In case at any stage of tendering process or Contract/PO execution etc., if it is established that bidder has submitted forged documents/certificates/information towards fulfillment of any of the EOI/contract conditions, TCIL shall immediately reject the bid of such bidder(s) or cancel/terminate the contract and forfeit EMD/SD submitted by the bidder.
The bidder shall be required to give an undertaking on the company’s letter head and duly signed by the signatory of the bid, that all the documents/certificates/information submitted by them against the EOI are genuine. In case any of the documents/certificates/information submitted by the bidder is found to be false or forged, action as deemed fit may be initiated by TCIL at its sole discretion.
Page | 18 TELECOMMUNICATIONS CONSULTANTS INDIA LIMITED (A Govt. of India Enterprise)
23. CANCELLATION OF LETTER OF INTENT/ PURCHASE ORDER Failure of the successful bidder to comply with the requirement of submission of Performance Guarantee in time shall constitute sufficient ground for the cancellation of the acceptance of bid and forfeiture of the bid bond, in which case Purchaser may make the offer to any other bidder at the discretion of the Purchaser or call for new bids.
24. RISK PURCHASE 1. In case, the sub-contractor/ Supplier is not performing its obligations under the contract, the notice shall be sent as per law to the sub-contractor informing that in case of non performance by a particular date/period, the contract shall be terminated and the work/project will be executed (through a third party) at the risk and cost of the said sub-contractor/ supplier as per the terms of the contract. 2. On completion of the specified period/date, the notice of termination shall be issued clearly specifying that the remaining work shall be executed (through a third party) at the risk and cost of the sub-contractor/supplier. Along with this notice of termination, intimation shall be sent to the said sub- contractor/supplier for joint preparation of inventory of the works performed/ supplies already undertaken by him. If the sub-contractor/supplier fails to turn up on an appointed date for joint preparation of inventory, in that situation he shall be proceeded ex parte and the inventory shall be prepared by TCIL/Employer and the same be sent to the sub-contractor/supplier. 3. Further at the time of award of work to another sub-contractor/ Supplier, if the work is awarded at an additional cost than the original sub-contractor/ Supplier, another notice may be issued to the original sub-contractor/ Supplier specifying that the work has been awarded to another agency at the additional cost of such and such amount, and he is liable to pay that amount to TCIL. 4. Demand notices may be sent to the original sub-contractor/ Supplier from time to time.
Page | 19 TELECOMMUNICATIONS CONSULTANTS INDIA LIMITED (A Govt. of India Enterprise)
25. LIQUIDATED DAMAGES On back to back basis as mentioned in Teletalk Bangladesh Tender
-END OF SECTION -
Page | 20 TELECOMMUNICATIONS CONSULTANTS INDIA LIMITED (A Govt. of India Enterprise)
SECTION-3 GENERAL CONDITIONS OF CONTRACT
As per TELETALK BANGLADESH TENDER No. 14.35.0000.440.05.01.19/10issued on 19/01/2021, except otherwise mentioned in this EOI document.
-END OF SECTION -
Page | 21 TELECOMMUNICATIONS CONSULTANTS INDIA LIMITED (A Govt. of India Enterprise)
SECTION-3 SPECIAL CONDITIONS OF CONTRACT
1. Work shall be done as per TELETALK BANGLADESH TENDER requirement.
2. Payment shall be done to contractor as on back to back basis as and when received from client. All commercial terms and except pricing with client, shall be on back to back basis.
3. Bidder shall submit its delivery schedule and installation plan to TCIL within 7 days of issue of LOI to him.
4. Bidder should indemnify TCIL against all the damages done during execution of work and will also bear the penalty and repair the damages immediately caused by bidder during execution.
5. All terms & conditions mentioned in TELETALK BANGLADESH TENDER No. 14.35.0000.440.05.01.19/10 issued on 19/01/2021 except pricing, risk purchase and termination shall be on back to back basis.
6.PRICE APPLICABILITY: Prices in the Purchase Order shall remain valid for the period of delivery schedule or extended delivery schedule. In case of delayed supplies, after delivery period, the advantage of reduction of taxes/duties shall be passed on to the Purchaser and no benefit of increase will be permitted to the Supplier.
7.QUOTING CURRENCY : USD
8.CURRENCY OF PAYMENT : Indian Bidder shall quote in USD however payment shall be made in INR at TT buying rate of reputed Indian Bank. The date of conversion rate shall be on the day of the receipt of payment to TCIL from end client.
Page | 22 TELECOMMUNICATIONS CONSULTANTS INDIA LIMITED (A Govt. of India Enterprise)
9. PROCUREMENT POLICY: Goods and Services including consultancy services of the value at least 75% of the contract price shall be supplied by the bidder from India as per LOC agreement and the remaining 25% goods and services may be procured by the bidder from outside India.
10. LIQUIDATED DAMAGES: On back to back basis as mentioned in Teletalk Bangladesh Tender
11. BOQ ITEMS: Bidder is required to quote for all the four Packages as a System Integrator with complete end to end responsibility on back to back basis with the main client.
13. Consortium: Consortium is allowed.
12.SET OFF: Any sum of money (including refundable security deposit) due and payable to the Bidder/ Contractor, under this contract or any other contract entered between the parties herein whether continuing or completed may be appropriated by TCIL and set off against any claim of TCIL of any nature whatsoever, arising under this contract or any other contract entered into between the parties, herein whether continuing or completed.
13. All other terms and conditions shall be on back to back basis as per client’s tender.
-END OF SECTION -
Page | 23 TELECOMMUNICATIONS CONSULTANTS INDIA LIMITED (A Govt. of India Enterprise)
SECTION-4
Undertaking to provide support during Project Duration (On the letterhead of the organization)
Date: ………..…. To, Executive Director (Technical), Telecommunications Consultants India Ltd TCIL Bhawan, Greater Kailash – I, New Delhi – 110048
Reference: 1. BANGLADESH TELETALK TENDER No. 14.35.0000.440.05.01.19/10 issued on 19/01/2021 2. TCIL EOI No. TCIL/DP/24/15/15/1/2021/N/446/EOI-T issued on ___/___/___ Dear Sir,
We, ______(company name) having our registered office at ______, do hereby undertake to supply and execute the work as per documents in reference. We also undertake to provide all documents required during bid submission as mentioned in TELETALK BANGLADESH TENDER (Ref. as above) and clarification to post bid queries if any.
Authorized Signatory Name: Designation: Contact No: E-mail:
-END OF SECTION -
Page | 24 TELECOMMUNICATIONS CONSULTANTS INDIA LIMITED (A Govt. of India Enterprise)
SECTION-5 Undertaking for Compliances (In addition to clause wise compliance of each section of TCIL EOI and Teletalk Bangladesh Tender) (On the letterhead of the organization)
Date: ………………
To, Executive Director (Technical), Telecommunications Consultants India Ltd TCIL Bhawan, Greater Kailash – I, New Delhi – 110048
Reference: 1. BANGLADESH TELETALK TENDER No. 14.35.0000.440.05.01.19/10 issued on 19/01/2021 2. TCIL EOI No. TCIL/DP/24/15/15/1/2021/N/446/EOI-T issued on ___/___/___
Dear Sir, We have read the documents in reference. We, ______having our registered office at ______, do hereby undertake to comply with all technical, commercial including payment terms, SLA, penalty etc. conditions of documents in reference on back-to-back basis.
Authorized Signatory Name: Designation: Contact No: Email:
Encl: Sign and Stamped copy of TCIL EOI -END OF SECTION -
Page | 25 TELECOMMUNICATIONS CONSULTANTS INDIA LIMITED (A Govt. of India Enterprise)
SECTION-6 No-Conviction Certificate (On the letterhead of the Organization)
To, Executive Director (Technical), Telecommunications Consultants India Ltd TCIL Bhawan, Greater Kailash – I, New Delhi – 110048
Subject: Self Declaration of not been blacklisted
Reference: TCIL EOI No. TCIL/DP/24/15/15/1/2021/N/446/EOI-T issued on ___/___/___
This is to notify you that our Firm /Company/ Organization
Signature: Name of the Authorized Signatory: Designation: Contact details (including E-mail): Date:
-END OF SECTION -
Page | 26 TELECOMMUNICATIONS CONSULTANTS INDIA LIMITED (A Govt. of India Enterprise)
SECTION-7 (NOT APPLICABLE )
Format of Bid Bond (EMD) Whereas ……………………. (hereinafter called “the Bidder”) has submitted its bid dated …………… For Tender No. ……………………….. dated …………… KNOW ALL MEN by these presents that WE ……………………. OF ………………. Having our registered office at ………….. (Hereinafter called “the Bank”) are bound unto Telecommunications Consultants India Limited (hereinafter called “the Purchaser”) in the sum of Rs.………………… for which payment will and truly to be made of the said Purchaser, the Bank binds itself, its successors and assigns by these present. THE CONDITIONS of the obligation are:
1. If the Bidder withdraws his bid during the period of bid validity specified by the Bidder on the Bid form or 2. If the Bidder, having been notified of the acceptance of his bid by the Purchaser during the period of bid validity a. Fails or refuses to execute the Contract, if required; or b. Fails or refuses to furnish the Performance Security, in accordance with the instructions to Bidders.
We undertake to pay to the Purchaser up to the above amount upon receipt of its first written demand, without the purchaser having to substantiate its demand, provided that in its demand, the purchaser will note that the amount claimed by it is due to it owning to the occurrence of one or both of the two conditions, specifying the occurred condition or conditions.
This guarantee will remain in force upto and including THIRTY (30) days after the Period of bid validity and any demand in respect thereof should reach the Bank not later than the specified date/dates.
Signature of the Bank Authority Name Signed in Capacity of Full address of Branch Tel No. of Branch Fax No. of Branch -END OF SECTION -
Page | 27 TELECOMMUNICATIONS CONSULTANTS INDIA LIMITED (A Govt. of India Enterprise)
SECTION-8
BANKRUPTCY CERTIFICATE
[On the letterhead of the Organization]
This is to certify that ______(Name of the organization), having registered office at ______(Address of the registered office) have never been involved in any Bankruptcy filing or applied for protection from it.
Signature:
Name of the Authorized Signatory: Designation:
Contact details (including E-mail):
Date:
-END OF SECTION -
Page | 28 TELECOMMUNICATIONS CONSULTANTS INDIA LIMITED (A Govt. of India Enterprise)
SECTION-9
INTEGRITY PACT
General
This Agreement (hereinafter called the Integrity Pact) is made on ______day of the ______month of 2017, between on one hand, Telecommunications Consultants India Ltd. (TCIL) acting through Sh.______(Name & Designation of the officer) (Hereinafter called the “BUYER” which expression shall mean and include, unless the context otherwise requires, his successors in office and assigns) of the First Part and M/s. ______(Name of the Company) represented by Sh.______Chief Executive Officer/Authorized Signatory (Name & Designation of the officer) (hereinafter called the “BIDDER/Seller” which expression shall mean and include, unless the context otherwise requires, his successors and permitted assigns) of the Second Part.
WHEREAS THE BUYER invites bid against Tender/RFO/EOI/RFP/RFQ for the ______(Name of the Stores/Equipment/Services, Ref No.& Date) and the BIDDER/Seller is willing to submit bid for the same and WHEREAS the BIDDER is a Private Company/ Public Company/ Government Undertaking/ Partnership Firm/Proprietorship Firm/ Registered Export Agency, constituted in accordance with the relevant law in the matter and the BUYER is a Public Sector Undertaking.
NOW, THEREFORE
To avoid all forms of corruption by following a system that is fair, transparent and free from any influence/prejudiced dealings prior to, during and subsequent to the currency of the contract to be entered into with a view to :-
Enabling the BUYER to obtain the desired said stores/equipment/Services at a competitive price in conformity with the defined specifications by avoiding the high cost and the distortionary impact of corruption on public procurement, and Enabling BIDDERs to abstain from bribing or indulging in any corrupt practice in order to secure the contract(s) by providing assurance to them that their competitors will also abstain from bribing and other corrupt practices and the BUYER will commit to prevent corruption, in any form, by its officials by following transparent procedures. The parties hereto hereby agree to enter into this Integrity Pact and agree as follows:-
1. Commitments of the BUYER
Page | 29 TELECOMMUNICATIONS CONSULTANTS INDIA LIMITED (A Govt. of India Enterprise)
1.1 The BUYER undertakes that no official of the BUYER, connected directly or indirectly with the contract(s), will demand, take a promise for or accept, directly or through intermediaries, any bribe, consideration, gift, reward, favour or any material or immaterial benefit or any other advantage from the BIDDER, either for themselves or for any person, organization or third party related to the contract(s) in exchange for an advantage in the bidding process, bid evaluation, contracting or implementation process related to the contract(s).
1.2 The BUYER will, during the pre-contract stage, treat all BIDDERs alike, and will provide to all BIDDERs the same information and will not provide any such information to any particular BIDDER which could afford an advantage to that particular BIDDER in comparison to other
BIDDERs.
1.3 All the officials of the BUYER will report to the CMD, TCIL any attempted or completed breaches of the above commitments as well as any substantial suspicion of such a breach.
2. In case any such preceding misconduct on the part of such official(s) is reported by the BIDDER to the BUYER with full and verifiable facts and the same is prima facie found to be correct by the BUYER, necessary disciplinary proceedings, or any other action as deemed fit, including criminal proceedings may be initiated by the BUYER and such a person shall be debarred from further dealings related to the contract(s) process. In such a case while an enquiry is being conducted by the BUYER the proceedings under the contract(s) would not be stalled.
3. Commitments of BIDDERs
The BIDDER commits itself to take all measures necessary to prevent corrupt practices, unfair means and illegal activities during any stage of its bid or during any pre-contract or post-contract stage in order to secure the contract(s) or in furtherance to secure it and in particular commit itself to the following :-
3.1 The BIDDER will not offer, directly or through intermediaries, any bribe, gift, consideration, reward, favour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the BUYER, connected directly or indirectly with the bidding process, or to any person, organization or third party related to the contract(s) in exchange for any advantage in the bidding, evaluation, contracting and implementation of the contract(s).
3.2 The BIDDER further undertakes that it has not given, offered or promised to give, directly or indirectly any bribe, gift, consideration, reward, favour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the BUYER or otherwise in procuring the contract(s) or forbearing to do or having done any act in relation to the obtaining or execution of the contract(s) or any other contract(s) with TCIL for showing or forbearing to show favour or disfavour to any person in relation to the contract(s) or any other contract(s) with TCIL.
3.3 BIDDERs shall disclose the name and address of agents and representatives and Indian BIDDERs shall disclose their foreign principals or associates.
Page | 30 TELECOMMUNICATIONS CONSULTANTS INDIA LIMITED (A Govt. of India Enterprise)
3.4 BIDDERs shall disclose the payments to be made by them to agents/brokers or any other intermediary, in connection with this bid/contract(s).
3.5 The BIDDER further confirms and declares to the BUYER that the BIDDER has not engaged any individual or firm or company whether Indian or foreign to intercede, facilitate or in any way to recommend to the BUYER or any of its functionaries, whether officially or unofficially to the award of the contract(s) to the BIDDER, nor has any amount been paid, promised or intended to be paid to any such individual, firm or company in respect of any such intercession, facilitation or recommendation.
3.6 The BIDDER, either while presenting the bid or during pre-contract negotiations or before signing the contract(s) shall disclose any payment he has made, is committed to or intends to make to officials of the BUYER or their family members, agents brokers or any other intermediaries in connection with the contract(s) and the details of services agreed upon for such payments.
3.7 The BIDDER will not collude with other parties interested in the contract(s) to impair the transparency, fairness and progress of the bidding process, bid evaluation, contracting and implementation of the contract(s).
3.8 The BIDDER will not accept any advantage in exchange for any corrupt practice, unfair means and illegal activities.
3.9 The BIDDER shall not use improperly, for purposes of competition or personal gain, or pass on to others any information provided by the BUYER as part of the business relationship, regarding plans, technical proposals and business details, including information contained in any electronic data carrier. The BIDDER also undertakes to exercise due and adequate care lest any such information is divulged.
3.10 The BIDDER commits to refrain from giving any complaint directly or through any other manner without supporting it with full and verifiable facts.
3.11 The BIDDER shall not instigate or cause to instigate any third person to commit any of the actions mentioned above.
3.12 If the Bidder or any employee of the BIDDER or any person acting on behalf of the BIDDER, either directly or indirectly, is a relative of any of the officers of the BUYER, or alternatively, if any relative of an officer of the BUYER has financial interest/stake in the BIDDER’s firm, the same shall be disclosed by the BIDDER at the time of filing of tender/EOI.
The term ‘relative’ for this purpose would be as defined in Section 6 of the Companies Act 1956.
3.13 The BIDDER shall not lend to or borrow any money from or enter into any monetary dealings or transactions, directly or indirectly, with any employee of the BUYER.
3.14 The BIDDER will not bring any Political, Governmental or Diplomatic influence to gain undue advantage in its dealing with BUYER.
Page | 31 TELECOMMUNICATIONS CONSULTANTS INDIA LIMITED (A Govt. of India Enterprise)
3.15 The BIDDER will promptly inform the Independent External Monitor (of BUYER) if he receives demand for a bribe or illegal payment/benefit and i. If comes to know of any unethical or illegal practice in BUYER. ii. If he makes any payment to any BUYER Associate.
3.16 The BIDDER will undertake to demand from all sub-contractors a commitment in conformity with this Integrity Pact.
3.17 The Bidder will not enter with other Bidders into any undisclosed agreement or understanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process.
4. Previous Transgression
4.1 The BIDDER declares that no previous transgression occurred in the last three years immediately before signing of this Integrity Pact, with any other company in any country in respect of any corrupt practices envisaged hereunder or with any Public Sector Enterprise in India or any Government Department in India that could justify BIDDER’s exclusion from the tender/EOI process.
4.2 The BIDDER agrees that if it makes incorrect statement on this subject, BIDDER can be disqualified from the tender/EOI process or the contract(s), if already awarded, can be terminated for such reason.
5. Sanctions for Violations
5.1 Any breach of the aforesaid provisions by the BIDDER or any one employed by it or acting on its behalf (whether with or without the knowledge of the BIDDER) shall entitle the BUYER to take all or any one of the following actions, wherever required:- i) To immediately call off the pre contract negotiations without assigning any reason or giving any compensation to the BIDDER. However, the proceedings with the other BIDDER(s) would continue. ii) The Earnest Money Deposit (in pre-contract stage) and/or Security Deposit/Performance Bond (after the contract(s) is/are signed) shall stand forfeited either fully or partially, as decided by the BUYER and the BUYER shall not be required to assign any reason therefore. iii) To immediately cancel the contract(s), if already signed, without giving any compensation to the IDDER. iv) To recover all sums already paid by the BUYER, and in case of an Indian BIDDER with interest thereon at 5% higher than the prevailing Base Rate of State Bank of India, while in case of a BIDDER from a country other than India with interest thereon at 5% higher than the LIBOR. If any outstanding payment is due to the BIDDER from the BUYER in connection with any other contract(s), such outstanding payment could also be utilized to recover the aforesaid sum and interest.
Page | 32 TELECOMMUNICATIONS CONSULTANTS INDIA LIMITED (A Govt. of India Enterprise) v) To encash the advance Bank Guarantee and performance bond/warranty bond, if furnished by the BIDDER, in order to recover the payments, already made by the BUYER, along with interest. vi) To cancel all or any other Contracts with the BIDDER. The BIDDER shall be liable to pay compensation for any loss or damage to the BUYER resulting from such cancellation/rescission and the BUYER shall be entitled to deduct the amount so payable from the money(s) due to the BIDDER vii) To debar the BIDDER from participating in future bidding processes of TCIL for a minimum period of five years, which may be further extended at the discretion of the BUYER. viii) To recover all sums paid in violation of this Pact by BIDDER(s) to any middleman or agent or broker with a view to securing the contract(s). ix) In cases where irrevocable Letters of Credit have been received in respect of any contract(s) signed by the BUYER with the BIDDER, the same shall not be opened. x) Forfeiture of Performance Bond in case of a decision by the BUYER to forfeit the same without assigning any reason for imposing sanction for violation of this Pact. xi) Any other action as decided by CMD, TCIL based on the recommendation by Independent External Monitors (IEMs).
5.2 The BUYER will be entitled to take all or any of the actions mentioned at para 5.1(i) to (xi) of this Pact also on the Commission by the BIDDER or any one employed by it or acting on its behalf (whether with or without the knowledge of the BIDDER), of an offence as defined in Chapter IX of the Indian Penal Code, 1860 or Prevention of Corruption Act 1988 or any other statute enacted for prevention of corruption.
5.3 The decision of the BUYER to the effect that a breach of the provisions of this Pact has been committed by the BIDDER shall be final and conclusive on the BIDDER. However, the BIDDER can approach the Independent External Monitor (s) appointed for the purposes of this Pact.
5.4 For any breach of the provisions of Clauses 1.1 to 1.3 by the Buyer, action as mentioned at Clause 2 shall be applicable.
6. Independent External Monitor (IEMs)
6.1 The BUYER has appointed Independent External Monitors ( IEMs) for this Pact in consultation with the Central Vigilance Commission. Names and email addresses of the IEMs are given on TCIL Website.
6.2 The task of the IEMs shall be to review independently and objectively, whether and to what extent the parties comply with the obligations under this Pact.
6.3 The IEMs shall not be subject to instructions by the representatives of the parties and perform their functions neutrally and independently. They report to the CMD, TCIL.
Page | 33 TELECOMMUNICATIONS CONSULTANTS INDIA LIMITED (A Govt. of India Enterprise)
6.4 Both the parties accept that the IEMs have the right to access all the documents relating to the project/procurement, including minutes of meetings.
6.5 As soon as the IEM notices, or has reason to believe, a violation of this Pact, he will so inform the CMD, TCIL. The IEM can in this regard submit nonbinding recommendations. If TCIL has not, within the reasonable time, taken visible action to proceed against such offence, the IEM may inform directly to the Board of Directors, TCIL.
6.6 The BIDDER(s) accepts that the IEM has the right to access without restriction to all Project documentation of the BUYER including that provided by the BIDDER. The BIDDER will also grant the IEM, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his project documentation. The same is applicable to Subcontractors. The IEM shall be under obligation to treat the information and documents of the BIDDER / Subcontractor(s) with confidentiality.
6.7 The BUYER will provide to the IEM sufficient information about all meetings among the parties related to the Project provided such meetings could have an impact on the contractual relations between the parties. The parties will offer to the IEM the option to participate in such meetings.
6.8 The IEM will submit a written report to the CMD, TCIL within 8 to 10 weeks from the date of reference or intimation to him by the BUYER/BIDDER and, should the occasion arise, submit proposals for correcting problematic situations.
6.9 The word 'IEM' would include both singular and plural.
7. Facilitation of investigation
In case of any allegation of violation of any provisions of this Pact or payment of Commission, the BUYER or its agencies shall be entitled to examine all the documents including the Books of Accounts of the BIDDER and the BIDDER shall provide necessary information and documents in English and shall extend all possible help for the purpose of such examination.
8. Law and Place of jurisdiction
This Pact is subject to Indian Law. The place of performance and jurisdiction is the seat of the BUYER (i.e. New Delhi).
9. Other Legal Actions
9.1 The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may follow in accordance with the provisions of the extant law in force relating to any civil or criminal proceedings.
9.2 The arbitration clause provided in the tender/EOI document/contract shall not be applicable for any issue/dispute arising under Integrity Pact.
10. Validity
Page | 34 TELECOMMUNICATIONS CONSULTANTS INDIA LIMITED (A Govt. of India Enterprise)
10.1 The validity of this Integrity Pact shall be from the date of its signing and extend up to 5 years or the complete execution of all the contracts to the satisfaction of both the BUYER and BIDDER/Seller, including warranty period, whichever is later. In case BIDDER is unsuccessful, this Integrity Pact shall expire after six months from the date of the signing of the contract.
10.2 Should one or several provisions of this Pact turn out to be invalid; the remainder of this Pact shall remain valid. In this case, the parties will strive to come to an agreement to their original intentions.
10.3 If any claim is made / lodged during this time, the same shall be binding and continue to be valid despite the lapse of this pact as specified above, unless it is discharged / determined by CMD, TCIL.
10.4 Changes and supplements need to be made in writing.
10.5 If the Contractor is in a partnership or a consortium, this agreement must be signed by all partners or consortium members.
11. The parties hereby sign this Integrity Pact at ______on ______.
BUYER BIDDER/SELLER
Signature ______
Name of the officer ______
Designation ______
Name of the Company ______
Address ______
Dated: ______
Witness-1 (Buyer) Witness-1 (Bidder/Seller)
Signature ______
Name of the officer ______
Designation ______
Name of the Company1 ______
Address ______
______
Dated: ______
Witness-2 (Buyer) Witness-2 (Bidder/Seller)
Page | 35 TELECOMMUNICATIONS CONSULTANTS INDIA LIMITED (A Govt. of India Enterprise)
Signature ______
Name of the officer ______
Designation ______
Name of the Company ______
Address ______
Dated: ______
“This EOI is covered under Integrity Pact Programme of TCIL and Contractors are required to sign the Integrity Pact Document and submit same to TCIL before or along with the bids in the format given below. TCIL reserves the right to accept or reject any or all the tenders/EOI without assigning any reason.”
-END OF SECTION -
Page | 36 TELECOMMUNICATIONS CONSULTANTS INDIA LIMITED (A Govt. of India Enterprise)
SECTION-10 ( NOT APPLICABLE ) Candidate Summary
(Certified by HR Department of Company)
Position Candidate Name of candidate Date of birth information Education qualifications (enclosed certificate) Professional Certification (enclosed certificate) Present Name of Employer employment Address of Employer Telephone Contact (manager/ personnel officer) Fax E-mail Job title of candidate Years with present Employer
Summarize professional experience over the last twenty years, in reverse chronological order. Indicate particular technical and managerial experience relevant to the project.
From To Company/Project/Position/Relevant technical and management experience
-END OF SECTION -
Page | 37 TELECOMMUNICATIONS CONSULTANTS INDIA LIMITED (A Govt. of India Enterprise)
SECTION-11
MANUFACTURER AUTHORISATION FORM ON OEM LETTERHEAD AS PER FORM PG4-5 OF TELETALK BANGLADESH TENDER
-END OF SECTION -
Page | 38 TELECOMMUNICATIONS CONSULTANTS INDIA LIMITED (A Govt. of India Enterprise)
SECTION-12 ( NOT APPLICABLE ) Format of Certificate be to Submitted by the Bidder to avail benefit for Tender Fees in case of Micro and Small Enterprise (MSE)/(NSIC) Registered Bidder
(To be issued by the Statutory Auditors on their Letter Head)
Reference: TCIL EOI No. TCIL EOI No. TCIL/DP/24/15/15/1/2021/N/446/EOI-T issued on ___/___/___
We have verified the Books of Accounts and other records of M/s______(Bidder Name), having registered office at ______.
Based on the verification and information furnished by M/s______(Bidder Name) we hereby certify that the amount of investment in plant and machinery as on (Date)……. is/was Rs……………..(amount in words) which in accordance with provisions of MSMED Act 2006 to be read with notifications No SO1722(E) dated 05.10.2006.
(Signature with date of Statutory Auditor) Date: (Stamp along with FRN of Statutory Auditor)
-END OF SECTION -
Page | 39 TELECOMMUNICATIONS CONSULTANTS INDIA LIMITED (A Govt. of India Enterprise)
SECTION-13 ( NOT APPLICABLE ) Format of Undertaking for Land Border Sharing [On the letterhead of the Organization]
Ref: TCIL EOI No. ______, dated ______
In reference to the Government of India, Ministry of Finance, Department of Expenditure, Office Memorandum No. F.No.6/18/2019-PPD, Dated 23-07-2020, I authorized representative of ______(Name of bidder) having our registered office at______, hereby submit:
(a) Model Certificate for Tenders “I have read the Clause regarding restrictions on procurement from a bidder of a country which shares a land border with India; I certify that this bidder (in case of Consortium all the Consortium Partners) is not from such a country or, if from such a country, has been registered with the Competent Authority. I hereby certify that this bidder (in case of Consortium all the Consortium Partners) fulfills all requirements in this regard and is eligible to be considered. [Where applicable, evidence of valid registration by the Competent Authority shall be attached.]”.
(b) Model Certificate for Tenders for Works involving possibility of Sub-Contracting. “ I have read the Clause regarding restrictions on procurement from a bidder of a country which shares a land border with India and on sub-contracting to contractors from such countries; I certify that this bidder (in case of Consortium all the Consortium Partners) is not from such a country or ,if from such a country, has been registered with the Competent Authority and will not subcontract any work to a contractor from such countries unless such contractor is registered with the Competent Authority. I hereby certify that this bidder (in case of Consortium all the Consortium Partners) fulfills all requirements in this regard and is eligible to be considered. [Where applicable, evidence of valid registration by the Competent Authority shall be attached.]”
(Signature of the Authorized Signatory of the Bidding Organization)
Name: Date: Designation: Mobile: Business Address: Seal: -END OF SECTION -
Page | 40 TELECOMMUNICATIONS CONSULTANTS INDIA LIMITED (A Govt. of India Enterprise)
SECTION-14 ( NOT APPLICABLE ) Format of Undertaking for Minimum Local Content
Bidder shall furnish following self-certificate (on Bidders Letter Head) / Certificate from Statutory Auditor (on Auditors Letter head of Value of procurement is more than 10 Crore)along with their techno-commercial bid. "We M/s______(Name of bidder) hereby certify that we meet the mandatory minimum Local Content requirements of the Tender of equal to or more than 50% (in value terms) quoted vide our offer No .______dated ______against TCIL EOI No.______dated______. Given below are the list of items (goods and services)which m eets the Local Content Criteria along with details of the location(s) at which the local valueaddition is made in respective items (goods and services)
S.No. Description of Items / Make Model Location(s) at which the local Products / services value addition is made
If the value of procurement is more than INR 10 Crore, above undertaking shall be supported by the following certificate from Statutory Auditor or cost auditor of the company (in case of companies) or from a practicing cost accountant or practicing charted accountant (in respect of suppliers other than companies giving the percentage of local content, on the letter head of such Statutory Auditor.
"We______the statutory auditor of M/s.______(name of the bidder) hereby certify that M/s.______(name of bidder) meet the mandatory Local Content requirements of the Project Work under this Tender i.e. equal to or more than 50%(in value terms) quoted vide offer No.______dated______against TCIL Tender No. ------dated ---- by M/s.______(Name of the bidder).
(Note: In case of bidder(s) for whom Statutory Auditor is not required as per law, requiredcertificates shall be provided by a practicing Chartered Accountant.)
For more detail - Govt. of India Order No: P-45021/2/2017-PP (BE-II) dated 04.06.2020 may please be referred. -END OF SECTION –
Page | 41 TELECOMMUNICATIONS CONSULTANTS INDIA LIMITED (A Govt. of India Enterprise)
SECTION-15
Format of Mandatory Undertakings to be Submitted for TCIL EOI. [On the Letterhead of the Organization]
Offer No.: ______Date: ______
To, Executive Director (TECHNICAL ), Telecommunications Consultants India Ltd TCIL Bhawan, Greater Kailash – I, New Delhi – 110048
Subject: Various Undertakings/ Compliance, in reference to TCIL EOI No.TCIL/DP/24/15/15/1/2021/N/446/EOI-T issued on ___/___/___
In reference to TCIL EOI No.. TCIL/DP/24/15/15/1/2021/N/446/EOI-T issued on ___/___/___, we ______(Name of Bidder), hereby submit the following undertakings/ compliances:
Table (A) – Undertakings/Compliance submitted by Bidder for TCIL Tender.
S.No. Undertakings Description which is Submitted/Complied by Bidder 1 Self Declaration for Obtaining GeM Seller Id if Desired by TCIL In reference to our Bid Document submitted for EOI No. TCIL/DP/24/15/15/1/2021/N/446/EOI-T, we hereby submit an undertaking that we shall register on GeM Potral and obtain Unique GeM Seller ID by registering on GeM (if not already registered) and provide the copy of same if desired by TCIL. Failing which necessary action as deemed fit shall be initiated by TCIL and it shall be the binding on us. 2 Undertaking for Submission of Genuine Documents in this Tender We hereby submit that all the documents/certificates/information submitted by us against TCIL EOI No. TCIL/DP/24/15/15/1/2021/N/446/EOI-T in our bid for this EOI are genuine. In case any of the documents/certificates/information submitted by us is found to be false or forged, action as deemed fit may be initiated by TCIL at its sole discretion.
Page | 42 TELECOMMUNICATIONS CONSULTANTS INDIA LIMITED (A Govt. of India Enterprise)
3 Undertaking for Bid Validity for 180 days from the Date of opening of Tender We hereby submit that the Bid Submitted by us against the TCIL EOI No.TCIL/DP/24/15/15/1/2021/N/446/EOI-T shall remain valid for a period of 180 days from the date of opening of the Technical Bid .The bid valid for a shorter period shall be rejected by the TCIL as non-responsive. We further submit that If the client ( Teletalk ) wishes to extend the bid validity from TCIL then we shall also extend the bid validity without any price escalation. The bid valid for a shorter period shall be rejected by the TCIL as non-responsive.
4 Undertaking for No Deviation Certificate. We hereby submit an undertaking for Clause by Clause compliance to all the Terms and Conditions, of all the Sections of the TCIL EOI No. TCIL/DP/24/15/15/1/2021/N/446/EOI-Tand Teletalk Bangladesh Tender no. 14.35.0000.440.05.01.19/10without any deviation. 5 Undertaking Not being Restricted for participation in TCIL Tender. In reference to TCIL EOI No. TCIL/DP/24/15/15/1/2021/N/446/EOI-T we hereby submit an undertaking that we do not belong to the category of the vendors whose Purchase Order(s) for any project of TCIL was/were cancelled on risk and cost basis for no-performance or non-submission of performance guarantee, hence we are not restricted for Participation in this EOI. 6 Undertaking for Compliance to Labour Laws. In reference to TCIL EOI No. TCIL/DP/24/15/15/1/2021/N/446/EOI-T we hereby submit an undertaking that we shall comply to Labour Laws, Payment of Minimum Wages Act, Workman’s Compensation Act, EPF/ESI provisions and any such statutory provisions. In case we are found to be not complying with any of the relevant statutory requirement, action as deemed fit may be initiated by TCIL at its sole discretion. 7 Undertaking for Compliance We hereby submit an undertaking that in reference to our Bid Document for TCIL EOI No. TCIL/DP/24/15/15/1/2021/N/446/EOI-T and Teletalk Bangladesh Tender no. 14.35.0000.440.05.01.19/10, we hereby submit clause-by-clause compliance of complete tender document 8 Undertaking for Submission of Genuine Documents in this EOI: We hereby submit an undertaking that all the documents/certificates/information submitted by us for the TCIL EOI No. TCIL/DP/24/15/15/1/2021/N/446/EOI-T in our bid for this EOI are genuine. In case any of the documents/certificates/information submitted by us are
Page | 43 TELECOMMUNICATIONS CONSULTANTS INDIA LIMITED (A Govt. of India Enterprise)
found to be false or forged, action as deemed fit may be initiated by TCIL at its sole discretion. 9 Self Declaration for Obtaining G.S.T Registration in Applicable State if Desired by TCIL. In reference to our Bid Document submitted against TCIL EOI No. TCIL/DP/24/15/15/1/2021/N/446/EOI-T we hereby submit an undertaking that – “At the time of Award of Work if GST Registration is not available in the applicable state then we shall register and obtain the GST Registration in that state, if desired by TCIL, failing which necessary action as deemed fit may be initiated by TCIL and it shall be the binding on us. 10 Not Being Insolvent Undertaking by Bidder : In reference to our Bid Document submitted against TCIL EOI No. TCIL/DP/24/15/15/1/2021/N/446/EOI-T, we hereby submit an undertaking that we are not insolvent, in receivership, bankrupt or being wound up, not have had our business activities suspended and not be the subject of legal proceedings for any of the foregoing. 11 PBG, Security Deposit and Payment Terms In reference to our Bid Document submitted against TCIL EOI No. TCIL/DP/24/15/15/1/2021/N/446/EOI-T, we hereby submit to undertake compliance with Performance Bank Guarantee (PBG), Security Deposit (SD) ( if any ) , Payment and other commercial terms on back-to-back basis.
12 Undertaking for Opening the Local Office ( NOT APPLICABLE ) In reference to our Bid submitted against TCIL EOI No. TCIL/DP/24/15/15/1/2021/N/446/EOI-T, we submit an undertaking that in case no office exists in Bangladesh, we shall open a Local Office in Bangladesh within one month of award of work, to ensure the satisfactory fulfillment of Contractual Obligation. We hereby submit undertaking/ compliance to items at Sl. No- 1 to 12 above.
Yours Sincerely,
(Signature of the Authorized Signatory of the Bidding Organization)
Name: Designation: Date: Mobile: Business Address: Seal:
-END OF SECTION –
Page | 44 TELECOMMUNICATIONS CONSULTANTS INDIA LIMITED (A Govt. of India Enterprise)
SECTION-16 BID SECURITY DECLARATION FORMAT ( ON COMPANY LETTER HEAD )
We, the undersigned, declare that:
We, M/s.……………………………..(herein referred as bidder) understand that, according to bid clause No. ………………, bids may be supported with a Bid Securing Declaration, therefore rather than submitting the Earnest Money Deposit, bidder render the declaration that:-
Bidder will automatically be suspended from being eligible for bidding in any contract with TCIL (herein referred as Purchaser) for the period of 3 years, starting on bid submission closing date, if bidder are in breach of any of the following obligation(s) under the bid conditions:-.
(a) If a Bidder withdraws the proposal or increases the quoted prices after opening of the Proposal and during the period of Bid validity period or its extended period, if any.
(b) In case of a successful Bidder, if the Bidder fails to sign the Agreement in accordance with the terms and conditions (including timelines for execution of the Agreement) of this tender or fails to furnish the Performance Bank Guarantee in accordance with the terms and conditions (including timelines for furnishing PBG) of this tender.
(c) During the Bid process, if a Bidder indulges in any act as would jeopardize or unnecessarily delay the process of bid evaluation and finalization.
Bidder understands that this declaration shall expire if Bidder are not the successful Bidder and on receipt of purchaser’s notification of the award to another Bidder; or thirty days after the validity of the Bid; whichever is earlier.
(Signature)
Authorized Signatory
Name: ______
Designation: ______
Office Seal: ______
Place: ______
Date: ______
-END OF SECTION –
Page | 45