EOI. NO: X -1/Plg/AMO/GMTD/Tender/BTS OUTSOURCING/2020-21/2 Dated: 25/11/2020
EXPRESSION OF INTEREST FOR MOBILE ACCESS EQUIPMENT MAINTENANCE (BSNL /N - BSNL), INFRASTRUCTURE MAINTENANCE (BSNL & N-BSNL RURAL SITES) IN ALMORA SSA BSNL, UTTARAKHAND TELECOM CIRCLE for a period of 2 years(extendable by 1 year).
EOI. NO: X -1/Plg/AMO/GMTD NTL/Tender/BTS OUTSOURCING/2020-21/2 Dated: 25/11/2020
DUE TO OPEN ON: _21/12/2020____
AGM(Planning) O/o General Manager, Telecom BA-Nainital
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S E C T I O N - 1
O/o The General Manager, BHARAT SANCHAR NIGAM LTD. Telecom District, BA-Nainital ( A Govt. of India Enterprise ) UTTARAKHAND Telecom Circle
EOI. NO: X -1/Plg/AMO/GMTD NTL/Tender/BTS OUTSOURCING/2020-21/2 Dated: 25/11/2020
Sub:- EOI document for Mobile Access Equipment Maintenance (BSNL /N - BSNL/), for ALMORA SSA under BA- Nainital,BSNL, UTTARAKHAND Telecom Circle for a period of 2 years(extendable by 1 year).
This EOI document in respect of above mentioned EOI contains the following:-
Section Item Page No. No. 1 Part A DETAILED NOTICE INVITING EOI (DNI EOI) 3-7 2 EOI INFORMATION 8-10 3 Scope of work 11-16 4 Part A General Instructions to Bidders(GIB) 17-33 4 Part B Special Instructions to Bidders(SIB) 34-36 4 Part C E-tendering Instructions to Bidders 37-39 5 Part A General (Commercial) Conditions of Contract (GCC) 40-45 5 Part B Special (Commercial) Conditions of Contract (SCC) 46-58 6 Undertaking & declaration 59-60 7 Proforma (s) 61-73 8 Bidder’s profile & Questionnaire. 74-75 9 Bid Form & Price Schedule 76-78 10 Deed of Indemnity 79-80 10 Annexures-1,2 &3 81-85 11 List of MOCR 86
If interested, kindly submit your bid offers online on or before date & time specified in Clause 5 of detailed NIT.
A.G.M. (Plg) O/o GMTD Nainital H.Q.Haldwni
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S E C T I O N-1 PART-A
DETAILED NOTICE INVITING EOI (DNI EOI)
O/o The General Manager, BHARAT SANCHAR NIGAM LTD. Telecom District, Nainital, H.Q. Haldwani (A Govt. Of India Enterprises) UTTARAKHAND Telecom Circle
EOI. NO: X -1/Plg/AMO/GMTD NTL/Tender/BTS OUTSOURCING/2020-21/2 Dated: 25/11/2020
Digitally Sealed EOI is invited by the General Manager, Telecom District ALMORA SSA, UTTARAKHAND Telecom Circle, BSNL for Mobile Access Equipment Maintenance (BSNL /NBSNL/ in ALMORA SSA BSNL, UTTARAKHAND Telecom Circle.
S.N. Name of Work Location Estimated cost of Work EMD/bid security for Two Year (in Rs.)
1 Operation and Maintenance of BTS sites, in Almora SSA ( BA- Nainital) Rs 1,08,84,160.00 only Rs. 2,72,104.00 (Rs SSA – ALMORA, (Rs. One crore eight lakh Two lakh seventy two eighty four thousand one thousand one hundred hundred sixty only) four only)
TENDER FOR : Operation and Maintenance of BTS Sites Maintenance of ALMORA SSA.
DATE OF ISSUE: 27.11.2020 FROM 15.00 HRS
LAST DATE OF BID SUBMISSION: 19.12.2020 UP TO 17.00 HRS
DATE OF OPENING: 21.12.2020 AT 10.30 HRS
VALIDITY OF BID SECURITY: 150 DAYS (From the date of opening of Bid)
COST OF TENDER DOCUMENT: Rs 1180.00
TENDER ESTIMATED COST: Rs 1,08,84,160.00 only
EMD/BID SECURITY: Rs. 2,72,104.00 only
E-TENDER WEBSITE: https://etenders.gov.in/eprocure/app. Page 3 of 86
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Details of Activity of Work:
Estimated Total Estimated cost of the Work for no. of sites / Two year Estimated Working Description of Activity/Sites DELs (in Rs.) 2 3 4
Type –I: Mobile Site maintenance & Upkeep (2G and /or 3G and /or 4G) 154 9240000 Type-II: RF Optimization & Rigger Activities 258 1424160 Type- III: Diesel Filling Activities for head-load from nearest road A. Within 200 to 500 Meter 200 40000 B. Within 500 Meter to 1.5 Km. 200 80000 C. more than 1.5 Km. 100 100000
Total 1,08,84,160.00
Note : Type III: Diesel Filling Activities is on need basis.
NOTE 1: The List of BTS Sites in ALMORA SSA of UTTARAKHAND Telecom Circle is at Annexure-2A
NOTE 2: The quantity /no./ Sites stated above are estimated and include existing & future business prospects during the contract validity. BSNL reserves the right to vary the quantity to the extent of -25 % to +25 % of the contract without any change in unit price or other terms & conditions.
NOTE 3: The scope of work involved is defined in Section-3.
1. Purchase of EOI Document: EOI document can be obtained by downloading it from the website https://etenders.gov.in/eprocure/app or www.bsnl.co.in . The physical copy of the EOI document would not be available for sale. The bidders downloading the EOI document are required to submit the EOI fee amount of Rs. 1180/- ( inclusive GST) through Crossed DD/ Banker’s Cheque issued by any Nationalised/Scheduled Bank in favour of “ Accounts Officer (Cash), BSNL, .” and payable at Haldwani along with their tender bid failing which the tender bid shall be left archived unopened/ rejected.
The Crossed Demand Draft/ Bankers Cheque or Original Cash Receipt should be submitted offline in the envelop as mentioned in clause 5 of Section-4 Part-C. Bidder is also required to sign the mutual NDA (Non- Disclosure Agreement).(format as per Section 7(G)). The EOI fee is non-refundable & non-transferable.
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2. Availability of EOI Document: EOI document can be obtained by downloading it from the website https://etenders.gov.in/eprocure/app. The physical copy of the EOI document would not be available for sale. In case of EOIs invited through e-tendering process, physical copy of the EOI document would not be available for sale.
NOTE 4: The EOI document shall not be available for download on its submission / closing date.
3 Eligibility Criteria : The bidder should meet following eligibility requirements
3.1 General Qualification 3.1.1 The Bidder must be Indian registered Companies under Companies Act 1956/ 2013 or an LLP or a Firm registered under applicable Acts. 3.1.2 The Bidder must not be black-listed for Telecom business by any Central/ State Governments/ PSUs in India at the time of submission of bid. An undertaking must be submitted in this regard. 3.1.3 The Bidder must have a valid PAN & valid registration under GST Act, EPF and ESI in India.
3.2 Technical Qualification
The Bidder must have an experience of executing works related to provisioning new connection or construction / maintenance of underground telecom cables / maintenance and installation of OF cables / telecom outdoor network/ maintenance & upkeep of BSNL infrastructure /BTS maintenance of any Telecom Service Providers (holding service license) in the last two financial years i.e. 2017-18, 2018-19. OR BSNL Franchisee associated with BSNL for more than 5 years.
(Bidders will be required to support claims of their required experience, through certificates issued by any executive with approval of AGM rank officer in case of PSUs or with approval of Circle Head in case of private TSPs .)
3.3 Financial Qualification The Bidder must have minimum annual turnover of 30% of annual estimated cost of tender, during each of the consecutive financial years 2017-18 and 2018-19 from telecom business as mentioned in 3.2 in Technical Qualification. OR For BSNL Franchise, total turnover from franchise business with BSNL in (FY 2017-18) + (FY 2018-19) shall be Rs. 2 crore or above. Bidders will be required to support claims of their financial qualification through their audited financial statements duly certified by their CA.
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Note 1:- 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 2:- Work Order(s) will be issued or Contract agreement(s) will be signed only upon successful verification of the eligibility documents submitted in the bid, with the originals of the eligibility documents, which shall have to be produced by successful bidder.
4. Bid Security/EMD : - The bidder shall furnish the bid EMD of Rs 2,72,104.00 (2.5 % of the total estimated cost of tender value) in one of the following ways:- (a) Demand Draft/ Banker’s cheque/ FD pledged to Accounts Officer(Cash) issued by any Nationalized / Scheduled Bank drawn in favour of “ Accounts Officer(Cash), “Nainital Telecom District” payable at “Haldwani ”. OR (b) Bank Guarantee from a scheduled bank drawn in favour of “Accounts Officer (Cash), Bharat Sanchar Nigam Limited, Haldwani ” which should be valid for 180 days (i.e. one month above the offer validity period subject to maximum of 210 days) from the EOI opening date
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. MSE bidders claiming exemptions from Tender fee & EMD as per MSME guidelines must also register their UAM on CPPP and submit proof in this regard along with their bid.
5. Date & Time of Submission of EOI bids: On or before 19/12/2020 at 17:00 Hrs
NOTE 7 : 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.
6. Opening of EOI Bids: As per Date and time of e-Bid opening mentioned in clause 19 Section 4 Part A, Section-1 Part-A. 7. Place of opening of EOI bids: O/o The AGM (Planning) O/o The GMTD Nainital, H.Q. Haldwani. In case of EOIs invited through e-tendering process, the EOIs shall be opened through ‘Public Online Tender Opening Event (POTOE)’. BSNL’s EOI 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 6 of Section-4 Part C of EOI document for further instructions. 8. EOI bids received after due time & date will not be accepted. 9. Incomplete, ambiguous, Conditional, unsealed EOI bids are liable to be rejected. 10. The GMTD Nainital reserves the right to accept or reject any or all the bids without assigning any reasons whatsoever and he is not bound to accept the lowest EOI rate. 11. EOI document for e-bidding process can be downloaded from BSNL website www.bsnl.co.in and e- tender portal https://etenders.gov.in/eprocure/app following the Link – “e-Tender” from 27/11/2020 onwards The bidder shall furnish a declaration in his EOI bid that no addition / deletion / corrections have
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been made in the downloaded EOI document being submitted and it is identical to the EOI document appearing on the e-tender portal https://etenders.gov.in/eprocure/app.. In case of any correction/ addition/ alteration/ omission in the EOI document, the EOI bid shall be treated as non-responsive and shall be rejected summarily. 12. Pre-Bid Meeting: Pre-bid Vendor conference shall be held at the O/o The General Manager Telecom, BA-NAINITAL, Avas Vikas Telephone Exchange, Haldwani UTTARAKHAND Telecom Circle at 15:00 hrs of 01/12/2020. Any changes in date shall be communicated through E-tender portal: https://etenders.gov.in/eprocure/app.
NOTE 1 : 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 2 : All computer generated documents should be digitally signed/ attested by the bidder/vendor organization. 13. Deleted. 14. The queries in respect of this bid document, if any, can be submitted through Email latest upto 30/11/2020 (3 days from issue of NIT).
BSNL Contact-1
BSNL’s Contact Person Manish Pant SDE / Anoop Goswami, AGM
Telephone& Mobile 05962-235000, 9412092233/ 9412000577
E-mail ID [email protected] , [email protected]
BSNL Contact-2
BSNL’s Contact Person L M Tiwari, AGM
Telephone & Mobile 05946-283666, 9412000703
E-mail ID [email protected]
A.G.M. (Plg) O/o GMTD NAINITAL
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SECTION- 2 EOI Information
1. Type of EOI- : Single Stage bidding using Two Electronic Envelopes system & two stage opening . 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 EOI opening and can be extended
3. Bid Document:- The EOI is invited under two envelopes system. The first electronic envelope will be named as Techno-Commercial Envelope & will contain documents of bidder’s satisfying the eligibility / Technical & Commercial conditions; and second electronic envelope will be named as Financial Envelope containing financial bid/quote. These envelopes shall contain one set of the following documents:-
(a) Techno-Commercial Envelope shall contain one set of following documents :
(a) of 1: Clause 3.3 of section 1, Part A - Annual audited Balance sheet and Profit & loss account duly certified by CA for ( 2017-18 & 2018-19
1 (b ) of 1: Income tax returns for the year 2017-18 & 2018-19 (c ) of 1: EMD – As per Clause 4 of Section-1 Part A
(c) of 1: Cost of the EOI documents i.e. EOI fee as per Clause 1 Section-1, Part A.
Self attested copy of Pan Card. 2 (a) of 3: Clause by clause compliance OR Statement of deviation as per Clause 11.2(c) of Section 4 Part 3 A : Compliance to Technical specifications/requirements/Scope of Work at Section 3, General conditions of Contract at Section-5 Part-A & Special (Commercial) conditions of Contract at Section-5 Part-B. (b) of 3: Bidder's Profile & Questionnaire duly filled & signed as per Section 8.
(a) of 4: Undertaking & declaration duly filled & signed as per section 6A. 4 (b) of 4: EOI /Bid Form as per section 9 Part A.
(a) of 5: Mutual NDA (Non-Disclosure Agreement) in the format as per section 7(G) on non-Judicial stamp paper of appropriate value. (b) of 5: Documentary proof of GST registration. 5 (c) of 5: Self-declaration along with the evidence, that Bidder is not black-listed by GST authorities
(d) of 5: List of all GST registration numbers to BSNL, where supplier holds multiple GST numbers, if applicable. (a) of 6: Certificate of Incorporation, if applicable.
(b) of 6: Article or Memorandum of Association or partnership deed or proof of sole proprietorship vis. 6 Shop & Estt. Act License, as the case may be. (c) of 6: 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 (a) of 7: Documentary evidence about technical capability necessary to perform the contract.
7 (b) of 7: Documentary proof in respect of valid certificate from MSME for tendered item/work (if applicable). Page 8 of 86
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(c ) 0f 7: EPF/ESI Registration Certificate along with latest EPF/ESI payment certificate.
(d) of 8: Power of Attorney (POA) in accordance with clause14.4(a) of section - 4 Part-A and Authorisation for executing the POA as per clause 14.4(b), & (c) of section-4 Part-A, if applicable.
(a) of 8: Attestation of specimen signature of authorized signatory by company's Banker as per clause14.4(d) of section-4 Part A. (b) of 8: Power of Attorney (POA) in accordance with clause14.4(e) of section - 4 Part-A in favour of 8 DSC (if applicable) (c) of 9: Experience certificate as per Clause No. 3.2 of Section-1 Part-A. 9 (a) of 9: No Near relationship certificate as per clause 34 of Section-4 Part-A.
(b) of 9: The bidder must not be black-listed for Telecom business by any Central/State Governments/ PSUs in India at the time of submission of bid. An undertaking must be submitted in this regard.
10 Tender Document(s), must be duly filled in and signed by bidder or his authorized representative along with seal on each page. All corrections and overwriting must be signed with date by the bidder or his authorized representative
NOTE 3 :(1) In e-Tendering portal due to limitation of software only 15 files in PDF Format can be uploaded. Hence each PDF file is clubbed with more than one document as mentioned above (i.e. Doc.(a) of (1), Doc.(b) of (1), Doc.(c) of (1) etc.). Therefore while preparing the PDF file, please scan all the documents mentioned in the respective Sr. No. of the above table. Each document of this PDF file should be named as Doc.(a) of file-(1), Doc.(b) of file-(1) & Doc.(c) of file-(1) and upload the said PDF file on e-portal.
(2) Scanned copies of all documents mentioned above should be signed with Digital Signature Certificate (DSC) by the authorized signatory of the bid offer (Power of Attorney holder). In case the representative of bidder company, who uploads the documents on e-tender portal using his Digital Signature Certificate (DSC), is different from the authorised signatory for the bid (Power of Attorney holder) then the representative who uploads the documents on e-tender portal using DSC issued in his name, shall also be made as one of the Power of Attorney holder by the bidder Company, in addition to the authorised signatory for the bid.
(3) Submission of documents listed under Clause-3 above is mandatory and non-compliance may result in rejection of the Bid during evaluation.
(4) If some document is not applicable for the bidder then he has to upload scanned copy of paper mentioning “The document < Name> called vide clause is not applicable on us”. (Note: In
(c) Financial envelope shall contain Bid form- Price Schedule (Section-9 Part–B) BOQ.xls Excel format file duly filled & digitally signed (Please refer Section-4 Part-C).
NOTE4: The following documents are required to be submitted offline (physically), as well as, online to “A.G.M.(Plg) o/o GM BSNL Haldwani on or before the date & time of submission of bids in a sealed envelope :
i) EMD – Bid security (original copy) ii) DD/ Banker’s Cheque or Cash Receipt from AO(Cash) as per Clause 1 of Section-1 Part-A of bid document for EOI fee. iii) Power of Attorney in accordance with clause 14.4 (a) of Section-4 Part-A and authorization for Page 9 of 86
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executing the power of Attorney as per clause 14.4 (b) & (c) of Section-4 Part-A. iv) Attestation of Specimen Signature of POA holder by Company`s / Firm`s Banker as per clause 14.4(d) of Section-4 Part-A. v) Power of Attorney for DSC in accordance with clause 14.4(e) of Section-4 Part-A (if applicable)
The envelope shall bear the EOI number, name of work and the phrase: “Do Not Open Before ______(due date & time of opening of EOI)”.
4. Deleted.
5. Payment terms: As detailed in clause 6 of section-5 part B of the EOI document.
6. Deleted. 7. Deleted.
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SECTION- 3
SCOPE OF WORK
1. Introduction BSNL intends to select firm(s)/partner(s) for providing Mobile Access Equipment Maintenance (BSNL /NBSNL), in ALMORA SSA. (A) Deleted. (B) List of activities to be covered under BTS & Infrastructure maintenance:
(B I) Diesel Engine Running Activities:
(a) The bidder(s) should have technical support to determine and judge the number of electricity units generated by using one litre of diesel fuel. Actual consumption of diesel at site will be verified with the help of CPH, DG HOUR METERS, DG KWH METERS.
(b) Pilferage of diesel will lead to severe penalty and recovery from the vendor. Therefore, this is in the interest of both Vendors and BSNL that correct hour meter and KWH Meter readings to ascertain actual consumption shall be exhibited at the site, which will be verified by BSNL, from time to time. Records of these parameters shall invariably be maintained. DG servicing and tuning/maintenance should be done to have the maximum fuel efficiency. However, the frequency of DG shall be maintained to the standard level only.
(c) The Average load of the site shall be reviewed based on actual measurement on quarterly basis. The mechanism of testing and determination of average load shall be decided by department.
(d) In the event of EB supply failure, operator shall operate DG after verifying the sufficient drainage of Exchange battery voltage. If power is not resumed within Two hour, he shall stop the EA Set and again allow the exchange battery voltage to drain sufficiently. The same sequence should continue till resumption of power supply.
(e) Checking the meter reading in the DG run hour meter (opening and closing readings) and Controller logged hours (if available) and making entries of DG run hours in the Log book.
(f) During the availability of main electric supply, DGs are not to be run. The operator shall keep the track of drainage of exchange battery voltage and shall start only when the voltage drops to 49 V.
(g)The fuel utilization reconciliation will be based on CPH based validation with run hr meter count plus DG run readings from OMCR/NOC. As per BTS load and capacity of DG, the average CPH may be taken as 2.2 Liter / Hour for DG Sets up to 15 KVA capacity and 2.7 Litre/Hour for more than 15KVA capacity.
(h) DG hour meter and KWH meter and AMF panel incorporated in DG to be kept in working condition and any tampering / fault will entail penalty as well as action for recovery of losses to BSNL.
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(i) DG battery should be maintained, safeguarded and kept in charged condition at the site so as to start the DG at the time of main supply outage. Life of DG battery is minimum two years. Therefore, if any damage happens to the battery within this period, the agency has to replace it free of cost. At the time of hand over, healthy battery will be provided (approximate used period / manufacturing date will also be indicated).
(j) A monthly Site wise statement detailing the opening balance of diesel, diesel filled during the month, closing balance, DG run hours etc shall have to be submitted by the bidder(s) to BSNL.
(k)BSNL reserves the right to incorporate and ask for any other reconciliation / operation report during the currency of tender.
(l) A penalty of INR 500 per day per site shall be imposed for the period till the restoration of fault subject to the overall capping of 12% of the total contracted value for the services of the relevant invoice period.
(m) In the event of total penalties reaching the capping limit consecutively for three months, BSNL will have the right to terminate the contract of the concerned BA/SSA without any further notice.
(n) If any fraudulent activity by the personnel deployed in filling of diesel in Mobile/Exchange sites is detected by BSNL authorized personnel/officer, then the bidder(s) is liable to pay penalty as assessed by BSNL i.e. the cost of consequential damages to installation(s)/DG set(s) would be deducted at actual, from the bidder’s bill. This will be over and above the other penalties and will not be subject to capping if any. (o) Minimum 25 litres diesel filling activity of head-load in a site is considered as one trip / occasion.
B(II) Mobile site maintenance & upkeep (2G and/or 3G and/or 4G)
(a) These are the sites housing Mobile sites/ (2G and/or 3G and/or 4G ) (b) Maintenance of Mobile site for keeping site in working condition. It will include general maintenance of site like sweeping, cleaning, security and upkeep of all type of equipment including BTS, exchange, transmission equipment, tower surrounding, Shelter/outdoor cabinet, DG, power plant and battery site. This also include bush cutting in the BTS sites in open area.
(c)All BTS related alarm need to be made functional and to be extended upto OMCR/NOC within three month. (Penalty of Rs 50 per day per site for one month). The material required to extend the alarm will be the responsibility of the successful bidder(s). After extension, Ensure working of all alarms with OMC- R/NOC (penalty of Rs 8 per day per alarm per site per month).
(d) Prompt action (within 1 hour in city and 06 hours in Rural) on receipt of instructions (by call or by SMS) from concerned officer regarding manual assistance in rectification of alarms / faults in Mobile site/Rural Exchange. In case of no action in accepted time line Penalty per hour at the rate of Rs 10 per hour per site)
(e) Air filter cleaning in BTS/ Node B/ e-Node B, every month and entry in log book of site.
(f) Due to heavy dust, temperature of TRXs/ERDUs of BTS Racks increases and signal strength & hardware efficiency degrade. Hence, cleaning of all types of BTS racks/Exchange& infrastructure need to be carried out once every 45 days. This should be done using proper tools including vacuum cleaner and under supervision.
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(g) In case of BTS outages due to control card faults of BTSs / NODE-Bs fault, replace the fault items with the spare module /cards as per instructions of BSNL Site In charge. Replace the faulty items with the spare cards available from normal spare availability location or from nearby sites as directed.
(h) In case of Mini Link/ OFC failure, details of visual alarm noticed to be communicated to the maintenance In-charge. (i) In case of fault Minilink at the site, fault will be rectified by the successful Bidder(s). (j) For prolonged failure of Electricity as intimated by BSNL officer, Coordination for restoration of EB in consultation with BSNL Site/ IP In charge. (k) To check Earth Connectivity is available at BTS/ Node B/e-Node Bs.
(l) The field staff being deployed should be provided with 2 SIMs one of BSNL & other from private TSPs for communication when BTS site is down.
(m) Any BSNL OFC breakdown en-route to be intimated to site in charge for prompt restoration of OFC fault.
(n) Up to 24 hrs of reporting of non-compliance related to above specific instance will be treated as 1 minor deviation and further non completion of activity for rectification of that deviation in every 3 days will be treated as single instance.
(o) Each Minor performance deviation will result in penalty of Rs 50 per hour per site except in case the deviation is because of BSNL reasons.
(p) Site failure/Exchange Failure due to unsatisfactory support in Site upkeep activities which leads to prolonged outage for more than 12 hrs in urban area and 48 Hours in Rural area will be treated as major deviation and penalty @ Rs 50 per hour per site.
(q) Maintaining EMF related boards and help in providing data for Biennial submission of EMF Radiation for Mobile sites. (r) Assistance in handling of minor store items.
(s) Penalties being charged for Minor Performance Deviations attributable to the bidder(s) will be capped to 06 % of the total contracted value for the services of the relevant invoice period.
(t) Penalties being charged for Major Performance Deviations attributable to the bidder(s) will be capped to 12% of the total contracted value for the services of the relevant invoice period.
(u) If the total penalties reaching the capping limit consecutively for three months, BSNL will have the right to terminate the contract of the concerned BA/SSA without any further notice.
(v) If any fraudulent activity by the personnel deployed is detected by BSNL authorized personnel/officer, then the bidder(s) is liable to pay penalty as assessed by BSNL i.e. The cost of consequential damages to installation(s)/DG set(s) would be deducted at actual, from the bidder’s bill. This will be over and above the other penalties and will not be subject to capping if any.
(w) For any tendered work not attended in time, BSNL will have the right to get it done from external resources and payment made to them will be recovered from bidder(s).
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(x) Ensure working of Power plant alarms with OMC-R. (Penalty of Rs 8 per day per site for one month)
(y) First line maintenance of power plants, battery and any problem reported. Any problem not reported within 3 days for urban area and beyond 10 days will attract penalty of Rs 2 per day per site for the days it has not reported.
(z) Periodically check-up power plant modules working, load sharing and ensuring sufficient Modules are available for Equipment in consultation with Site In charge and Charging of Battery.
(aa)Tightening of all nuts /screws in interconnecting point of power cable from EB panel board to each equipment, once in three months in consultation of site incharge.
(bb) To ensure the control card is functioning properly so that battery do not go to deep discharge.
(cc)In case of any Power Plant outages due to fault in control card intimation to be given to Site In charge for attending the same on priority.
(dd) Conducting Battery Backup test with Existing Load at least in quarterly & record the same in Log Book.
(ee) Faulty Card/ Units need to be deposited at designated centre as per requirement & collect repaired unit within 24 hours in urban and in 48 hours in rural areas and delay more than that will be counted as one instance of minor deviation and penality @ of Rs 50 per day will be charged.
(ff) Replacement of the faulty modules with repaired Modules as per instructions of Site In charge within 24 hours in urban and in 48 hours in rural areas is mandatory and any delay resulting in downtime of equipment because of Non replacement of control card will be counted as major deviation and will be charged @ Rs 20 per hour.
(gg) Bidder(s) has to provide related testing equipments to discharge the functions listed.
(hh) Cleaning, security and up keeping of the site including all equipment, tower surroundings, shelter/OD cabinet, DG etc. This includes bush cutting in the BTS/Exchange sites in open areas. All tools & Cleaning material to be provided by the bidder(s).
(ii) Routine check of free cooling systems available at site and DG set and other Equipments and record the same in log book as per the periodicity defined for the visit as per tender. Reporting of any alarms/ faults/ untoward incident to the concerned officer.
(jj) Running of DG sets as required.
(kk) The upkeep person can be assigned any duty by site incharge
B(III) RF Optimization and Rigger activities
(a) Dismantling of Antenna
(b) Installation of Antenna
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(c) Dismantling of Antenna Fixture (for phase/ Space diversity antenna)
(d) Fixation of Antenna Fixture (for phase/ Space diversity antenna)
(e) Height lowering of Phase Diversity Antenna along with fixture
(f) Hoisting of RF Cable including connectorisation
(g) Removing of RF Cable
(h) Installation of Microwave Dish Antenna(Mini Link)
(i) Dismantling of Microwave Dish Antenna(Mini Link)
(j) Microwave Link LOS work including ODU replacement
(k) ODU Replacement for Minilink.
(l) Re-orientation/Tilt adjustment of Antenna.
(m) Verification/Replacement of weather proof tapes to prevent water entry.
(n) Verification/replacement of connectors/fittings and removal of VSWR including connectorisation and weather proofing.
(o) Assistance in Verification/correction of MW LOS.
(p) Verification/correction of Lightning Arrestor and its fittings.
(q) Sector addition.
(r) Antenna Changing.
(s) Microwave Fault attending.
(t) Microwave installation/replacement.
(u) CPRI cable fault attending/replacement.
(v) Feeder/RF/OF cable fault attending and replacement.
(w) 2G/3G/4G booster installation.
(x) 2G/3G/4G Repeater installations.
(y) Any other related works in Tower.
(z) Antenna Orientation & Tilt as per requirement for optimization.
(aa) VSWR fault rectification per sector (includes reconnectorisation, jumper cable change & Page 15 of 86
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weather proofing)
(ab) Checking & correction of RF cable/Fibre swap, Antenna at RRH, removal of bird/honey bee/wasp nest.
(ac) Any other activity with minor modification in RF as per guidance of BSNL
(dd) Non-completion of ordered RF optimization / rigger activity within 72 hours of intimation (through Mail / Letter) shall be taken as minor performance deviation. A penalty of INR 100 per day per site shall be imposed for the period till the restoration of fault subject to the overall capping of 12% of the total contracted value for the services of the relevant invoice period.
(ee) Non restoration of Rigger related fault resulting in site fully / partially down within 24 hours of Intimation (through Mail / Letter) shall be taken as major performance deviation. A penalty of INR 500 per day per s site shall be imposed for the period till the restoration of fault subject to the overall capping of 12% of the total contracted value for the services of the relevant invoice period.
(ff) In the event of total penalties reaching the capping limit consecutively for three months, BSNL will have the right to terminate the contract of the concerned BA/SSA without any further notice.
(gg) Insurance of Rigger.
(hh) Deployed Riggers can be utilized to maintain the Local BTS Sites .
(ai) Riggers can be assigned any duty by site incharge .
Note: - (1) The Bidder(s) shall ensure uptime of Mobile Sites in a cluster- 99%, measured on monthly basis.
(2) The Bidder(s) shall attend/resolve all the infrastructure related alarms twenty fours hours, seven days a week i.e. @24x7.
(3) A Centralized NOC will be established at CMTS Dehradun to monitor all the activities
3.2 DELETED.
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SECTION-4 Part A
GENERAL INSTRUCTIONS TO BIDDERS (GIB)
1.0 DEFINITIONS
(a) "The Purchaser" means the General Manager, BA Nainital UTTARAKHAND Telecom Circle, on behalf of the B.S.N.L. or any other officer working under the delegated authority of CGM, UTTARAKHAND Telecom Circle. (b) "The Bidder" means the individual or company/firm who participates in this EOI and submits its bid. (c) "The Supplier" or “The Vendor” or “The contractor” or “Service Provider” means the individual or firm supplying the goods & services 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 (APO) / Advance Work Order (AWO)" or “Letter of Intent (LOI)” means the intention of Purchaser to place the Purchase order and / or Work Order on the bidder. Conveyance of approved rates by BSNL and acceptance of approved rates of APO / AWO / LOI by bidder shall form the contract. (f) "The Purchase Order (P.O.) / Work Order (W.O.)" means the order placed by the Purchaser on the Supplier signed by the Purchaser containing the good’s to be delivered/services to be performed for various BSNL customers as per requirement from time to time during validity of contract. (g) "The Contract Price" means the price payable to the Supplier under the purchase order / work order for the full and proper performance of its contractual obligations. (h) "Validation" / POC ( Proof of concept) is a process of testing the equipment as per the specification & customer’s Requirements for use in BSNL network. Validation/POC is carried out at selected sites to check stability, reliability, security and compliance to technical specification. (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 EOI is awarded. (k) “BID VALIDITY PERIOD” is the duration during which BSNL will convey its intention to procure tendered material by way of issue of Advance Purchase Order/Advance work order / letter of Intent. (l) The term 'GST Act' shall include Central Goods and Service Tax Act,2017( CGST), State Goods and Service Tax Act,2 017( SGST)' . Integrated Goods and Service Tax AcI,2017( IGST),Union Territory Goods and Service Tax Act,2017( UTGST), Rules and any other G ST related legislation in India. (m) For the purpose of this agreement, the term ’GST' shall include Central Goods and Service Tax Act, 2017(CGST), State Goods and Service Tax Act,2017( SGST),Integrated Goods and Service Tax Adt,2 017( IGST), Union Territory Goods and Service Tax Act, 2017( UTGST) and any other taxes levied under the GST related le gelation India, as may be applicable.
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2.0 ELIGIBILITY CONDITIONS:
Kindly refer to Clause-3 of Section – 1, Part A i.e. detailed Notice inviting EOI.
3.0 COST OF BIDDING: 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: The goods required to be supplied; bidding procedures and contract terms and conditions are prescribed in the Bid Documents. The contents of the Bid documents are specified in the covering letter. The Bidder is expected to examine all instructions, forms, terms and specifications in the Bid Documents and clarifications/ amendments/ addenda, if any. Failure to furnish all information required as per the Bid Documents or submission of the bids not substantially responsive to the Bid Documents in every respect will be at the bidder's risk and may result in rejection of the bid. Any alterations/modifications in the downloaded copy of the EOI document will lead to rejection of Bid, in case it is detected prior to finalization of EOI, however, after EOI finalization or signing of contract, if any deviation is found or dispute is raised, the terms and conditions as contained in printed Bid document shall prevail. 5.0 CLARIFICATION OF BID DOCUMENTS 5.1 A prospective bidder, requiring any clarification on the Bid Documents shall notify the Purchaser in writing by FAX or by Email of the Purchaser as indicated in the invitation of Bid. The Purchaser shall respond in writing to any request for the clarification of the Bid Documents, which it receives latest up to 3 days from issue of NIT. Copies of the query (without identifying the source) and clarifications by the Purchaser shall be posted on website https://etenders.gov.in/eprocure/app in for information of bidders. 5.2 Any clarification issued by BSNL in response to query raised by prospective bidders shall form an integral part of bid documents and shall amount to an amendment of the relevant clauses of the bid documents. 6.0 AMENDMENT OF BID DOCUMENTS : 6.1 The Purchaser may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective bidder, may modify bid documents by amendments prior to the date of submission of Bids with due notification to prospective bidders.
6.2 The amendments shall be posted on e-tendering portal (www.etenders.gov.in) to all prospective bidders and these amendments will be binding on them.
6.3 In order to afford prospective bidders a reasonable time to take the amendment into account in preparing their bids, the purchaser may, at its discretion, extend the deadline for the submission of bids suitably.
7.0 DOCUMENTS COMPRISING THE BID
The bid prepared by the bidder shall ensure availability of the following components: Page 18 of 86
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(a) Documentary evidence establishing that the bidder is eligible to bid and is qualified to perform the contract if its bid is accepted in accordance with the clause 2 & 10.
(b) Bid Security furnished in accordance with clause 12 & cost of the EOI document paid, if applicable. (c) A Clause by Clause compliance as per clause 11.2 (c) (d) A Bid form and price schedule completed in accordance with clause 8. 8.0 BID FORM The bidder shall complete the bid form and appropriate Price Schedule furnished in the Bid Documents, indicating the goods to be supplied / services to be performed with brief description of the goods, services, quantity and prices as per section- 9. 9.0 Deleted. 10.0 DOCUMENTS ESTABLISHING BIDDER'S ELIGIBILITY AND QUALIFICATION 10.1 Documents as listed in clause-3 of section-2 are to be submitted towards eligibility 10.2 Not Applicable 10.3 Not Applicable 10.4 Not Applicable 10.5 Not Applicable 10.6 Not Applicable 10.7 Not Applicable 11 DOCUMENTS ESTABLISHING GOODS’ CONFORMITY TO BID DOCUMENTS 11.1 Pursuant to clause 7, the bidder shall furnish, as part of its bid, documents establishing the conformity of its bid to the Bid Documents of all goods and services which he proposes to supply under the contract. 11.2 The documentary evidences of the "goods and services" conformity to the Bid Documents may be, in the form of literature, drawings, data etc. and the bidder shall furnish: (a) A detailed description of goods with essential technical and performance characteristics; (b) (deleted) (c) A clause-by-clause compliance on the purchaser's Technical Specifications and Commercial Conditions demonstrating substantial responsiveness to the Technical Specifications and Commercial Conditions. In case of deviations, a statement of the deviations and exception to the provision of the Technical Specifications and Commercial Conditions shall be given by the bidder. 11.3 For the purpose of compliance to be furnished pursuant to the clause11.2(c) above, the bidder shall note that the standards for the workmanship, material and equipment and reference to the brand names or catalogue number, designated by the Purchaser in its Technical specifications are intended to be descriptive only and not restrictive.
12 BID SECURITY / EMD 12.1 The bidder shall furnish, as part of its bid, a bid security as mentioned in Section-1(DNI EOI).
The MSE (Micro and Small Units) bidders are exempted from payment of bid security: Page 19 of 86
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a) A proof regarding valid registration with body specified by Ministry of Micro, Small & Medium Enterprise for the tendered items will have to be attached along with the bid. b) The enlistment certificate issued by MSME should be valid on the date of opening of tender. c) If a vendor registered with body specified by Ministry of Micro, Small & Medium Enterprise claiming concessional benefits is awarded work by BSNL and subsequently fails to obey any of the contractual obligations, he will be debarred from any further work/ contract by BSNL for one year from the date of issue of such order. 12.2 The bid security is required to protect the purchaser against the risk of bidder's conduct, which would warrant the forfeiture of bid security pursuant to Para 12.7.
12.3 The bid security shall be in the form of a Bank Guarantee issued by a Nationalized/Scheduled Bank in favour of the Purchaser, valid for a period of 180 days from the date of EOI opening. However, in cases where bidder is not in a position to submit the BG for whatever reason, Crossed Demand Draft / Pay Order drawn in favour of “ AO (Cash), BSNL” submitted shall also be acceptable, but no interest shall be payable. 12.4. A bid not secured in accordance with Para 12.1 & 12.3 shall be rejected by the Purchaser being non-responsive at the bid opening stage and archived unopened on e-tender portal for EOIs.
12.5 The bid security of the unsuccessful bidder will be discharged/ returned as promptly as possible and within 30 days of finalization of the EOI or expiry of the period of the bid validity period prescribed by the purchaser pursuant to clause 13.
12.6 The successful bidder's bid security will be discharged upon the bidder's acceptance of the Advance Purchase Order (APO) satisfactorily in accordance with Clause 27 (given below) and furnishing the performance security.
12.7 The bid security may be forfeited if :
a) 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) The bidder does not accept the APO/ AWO ( Advance work order ) / LOI and/ or does not submit PBG & sign the contract/ agreement in accordance with clause 28. The bidder has to submit the bid security for the items quoted as per DNI EOI in Section- 1.
13.0 PERIOD OF VALIDITY OF BIDS 13 .1 Bid shall remain valid for period specified in clause 2 of section -2 (EOI Information). A bid valid for a shorter period shall be rejected by the purchaser being non- responsive.
Note: In case, the date of opening of the EOI is postponed due to any reason and the bidder has already prepared BG towards Bid Security, in such cases, BG validity as per earlier EOI opening date would be acceptable. 13.2 In exceptional circumstances, the purchaser may request the consent of the bidder for an extension to the period of bid validity. The request and the response thereto shall be made in writing. The bid security provided under clause 12 shall also be suitably extended. The bidder may refuse the request without forfeiting its bid security. A bidder accepting the request and granting extension will not be permitted to modify its bid. Page 20 of 86
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Placement of A.P.O. (Advance Purchase Order) / AWO / LOI within bid validity period shall constitute the intention of Purchaser to procure the tendered material/services. Regular P.O. (Purchase Order) / W.O. (work order) will be issued after unconditional acceptance of A.P.O. / A.W.O. by bidder along with submission of Performance Bank Guarantee. Purchase Order (P.O.) / Work order (W.O.) need not be issued within bid validity period.
14.0 FORMAT AND SIGNING OF BID 14.1 The bidder shall submit his bid, online complying all eligibility conditions, other terms and conditions of EOI document to be read along with the clarifications and amendments issued in this respect. All the documents must be authenticated, using Digital Signature, by the authorized person. The letter of authorization shall be indicated by written power of attorney accompanying the bid.
Note:- The Purchaser may ask the bidder(s) to supply, besides original bid, additional copy of bids as required by him. 14.2 The bid shall be digitally signed by the bidder or a person duly authorized to bind the bidder to the contract. The letter of authorization shall be indicated by the written power-of-attorney accompanying the bid. 14.3 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. 14.4 Power of Attorney (a) The power of Attorney should be submitted and executed on the non-judicial stamp paper(as per format at 7(F) of Section-7) of appropriate value as prevailing in the concerned states(s) and the same be EITHER attested by a Notary public OR registered before Sub-registrar of the state(s) concerned. (b) The power of Attorney be executed by a person who has been authorized by the Board of Directors of the bidder in this regard, on behalf of the Company/ institution/ Body corporate. Copy of Board resolution / authorization shall also be submitted along with POA. (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. (e) In case the representative of bidder company, who uploads the documents on e-tender portal using his Digital Signature Certificate (DSC), is different from the authorized signatory for the bid (Power of Attorney holder) then the representative who uploads the documents on e- tender portal using DSC issued in his name, shall also be made as one of the Power of Attorney holder by the bidder Company, in addition to the authorized signatory for the bid
15.0 SEALING AND MARKING OF BIDS The bid should be submitted as per Clause 3 of Section 2(EOI information). The bids shall be submitted under Single Stage Bidding & Two Electronic Envelope System. The details of sealing & marking of bids in this case is given below:
(a) The envelope, containing Offline documents mentioned in Note 4 of Section 2 shall be sealed properly by the bidder and addressed to: Page 21 of 86
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The Asstt. General Manager (Plg) O/o The General Manager ,Avas Vikas Telephone Exchange BA- Haldwani Uttarakhand-263601
(b) The envelope shall bear the name of the EOI, the EOI 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 the purchaser to return the bid unopened in case it is declared ‘LATE’. d) The envelope containing all above offline documents shall be sealed properly by the bidder and shall be delivered on or before due Date & Time of submission of bid as specified in DNI EOI(Section-1 Part-A) to above said address mentioned in clause 15.2(a). e) The envelope should be deposited in the EOI box available at the O/o AGM (Plg),O/o The General Manager, Avas Vikas Telephone Exchange BSNL BA- Haldwani,Uttarakhand - 263139 or sent by Registered Post/Speed Post or delivered in person on the above mentioned address (in clause 15.2(a) above). The responsibility for ensuring that outstation envelope is delivered in time shall rest with the bidder. The Purchaser shall not be responsible if the bids are delivered elsewhere. f) Venue of EOI Opening: The EOI will be opened online in the chamber of O/o AGM (Plg),O/o the General Manager Telecom, Haldwani, Uttarakhand on the date & time specified in NIEOI. If due to administrative reasons, the venue of Bid opening is changed, it will be displayed prominently at venue and notice board on O/o AGM (Plg),O/o the General Manager Telecom, Haldwani, Uttarakhand and also on web site www.etenders.gov.in
If offline documents are not delivered up to date & time of submission of bid as specified in DNI EOI, the bid shall be rejected.
16. SUBMISSION OF BIDS 16.1 Bids must be submitted online on e-tender portal www.etenders.gov.in and offline documents (Bid Cost, EMD, POA etc.) by the bidders at the address specified under clause 15.2, not later than given date & time of submission as specified in DNI EOI Section-1 Part -A.
16.2 The Purchaser may, at its discretion, extend this deadline for the submission of bids by amending the Bid Documents in accordance with clause 6 in which case all rights and obligations of the purchaser and bidders previously subject to the deadline will thereafter be subjected to the extended deadline. 16.3 The bidder shall submit its bid offer against a set of bid documents purchased by him for all or some of the systems/ equipment as per requirement of the Bid Documents. He may include alternate offer, if permissible as per the bid. However, not more than one independent and complete offer shall be permitted from the bidder. 17 LATE BIDS No bid shall be accepted either online by E-Tender Portal or offline document by the purchaser after the specified deadline for submission of bids prescribed by the purchaser
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pursuant to clause 16. 18 MODIFICATION AND WITHDRAWAL OF BIDS The bidder may modify, revise or withdraw his bid after submission prior to deadline prescribed for submission of bid.
19 OPENING OF BIDS BY PURCHASER 19.1 The purchaser shall open bids online in the presence of the authorized representatives of bidders physically present who chose to attend, at time & date specified in DNI EOI (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-7C) 19.2 A maximum of one representatives of any bidder shall be authorized and permitted to attend the bid opening. 19.3 In Single stage bidding & two envelopes system being followed for this tender the bids will be opened online in two 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 & encrypted financial bids will be available in the-tender portal. Thereafter the CET will evaluate Techno-commercial bids & the report of CET 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 online by TOC in online presence of techno commercially eligible bidders/authorized representatives by sending them a suitable notice.
The following information will be made available at the time of Techno-commercial bid opening:- a) Comparison chart generated by e-tender system based on data submitted by bidders in electronic form.-technical The following information should be made available at the time of Financial bid opening:- a) Comparison chart generated by e-tender system based on data submitted by bidders in electronic form-financial. 19.4 The date fixed for opening of bids, if subsequently declared as holiday by the BSNL/submission of bid is not possible due to unavoidable circumstances , the bid will be opened on the following working day, time and venue remaining unaltered unless the revised date of opening of bids is notified before opening of EOI. 20 CLARIFICATION OF BIDS 20.1 To assist in the examination, evaluation and comparison of bids, the purchaser may, at its discretion ask the bidder for the clarification of its bid. The request for the clarification and the response shall be in writing. However, no post bid clarification at the initiative of the bidder shall be entertained. Page 23 of 86
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20.2 If any of the documents, required to be submitted along with the technical bid is found wanting, the offer is liable to be rejected at that stage. However the purchaser at its discretion may call for any clarification regarding the bid document within a stipulated time period. In case of non compliance to such queries, the bid will be out rightly rejected without entertaining further correspondence in this regard. 21.0 PRELIMINARY EVALUATION (Refer Clause 1 of Section-4 Part-B)
22.0 EVALUATION AND COMPARISON OF SUBSTANTIALLY RESPONSIVE BIDS (Refer Clause 2 of Section-4 Part-B)
23 CONTACTING THE PURCHASER 23.1 Subject to Clause 20, no bidder shall try to influence the Purchaser on any matter relating to its bid, from the time of the bid opening till the time the contract is awarded. 23.2 Any effort by a bidder to modify its bid or influence the purchaser in the purchaser's bid evaluation, bid comparison or contract award decision shall result in the rejection of the bid.
24 PLACEMENT OF ORDER / AWARD OF WORK After evaluation of financial proposals (bids), BSNL shall prepare a separate list of Bidders arranged in increasing order of their evaluated prices starting from the lowest against this EOI (i.e. L1, L2, L3 and so on), for the purpose of awarding work. L1 shall be considered for awarding of complete work.
25. Deleted 26. BSNL'S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS BSNL reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids, at any time prior to award of contract without assigning any reason whatsoever and without thereby incurring any liability to the affected bidder or bidders on the grounds of BSNL’s action. 27. ISSUE OF ADVANCE PURCHASE ORDER (ADVANCE WORK ORDER) 27.1 The issue of Advance Purchase Order/ Advance Work Order shall constitute the intention of BSNL to enter into contract with the bidder.
27.2 The bidder shall within 14 days of issue of the Advance Purchase Order/ Advance Work Order, give its acceptance along with performance security in conformity with the proforma provided with the bid document at Section-7B.
27.3 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 Advance Purchase Order/ Advance Work Order) within this period after submission of the performance security. In case of non-acceptance of APO by L1 bidder, tender shall be cancelled. Action will be taken to forfeit the EMD of bidder as per clause 12.7 of Section-4 Part-A.
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28. SIGNING OF CONTRACT 28.1 Bidder shall submit unconditional acceptance of approved rates as contained in AWO / APO/ LOI along with agreement duly signed by authorized signatory on non-judicial stamp paper of appropriate value and performance security for amount & validity specified in APO / AWO / LOI.
28.2 Upon the successful bidder furnishing performance security pursuant to clause 27, the Purchaser shall discharge the bid security in pursuant to clause 12, except in case of L-1 bidder, whose EMBG/ EMD shall be released only after finalization of ordering of complete tendered quantity in pursuance to clause no. 24 & 27.3 of this section. The bidder’s modification, revision or withdrawal shall have to be online and digitally authenticated as per clause 16. No bid shall be modified subsequent to the deadline for submission of bids. 29. ANNULMENT OF AWARD Failure of the successful bidder to comply with the requirement of clause 27 & 28 shall constitute sufficient ground for the annulment of the award and the forfeiture of the bid security in which event the Purchaser may make the award to any other bidder at the discretion of the purchaser or call for new bids.
30. Not Applicable.
31. REJECTION OF BIDS 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 :
i) Clauses 12.1, 12.3 & 13.1 of Section- 4 Part A: The bids will be rejected at opening stage if Bid security is not submitted as per Clauses 12.1 & 12.3 and bid validity is less than the period prescribed in Clause 13.1 mentioned above. ii) Clause 2 & 10 of Section-4 Part A: If the eligibility condition as per clause 2 of Section 4 Part A is not met and/ or documents prescribed to establish the eligibility as per Clause 10 of section 4 Part A are not enclosed, the bids will be rejected without further evaluation. iii) Clause 11.2(c) of Section-4 Part A: If clause-by-clause compliance or statement of deviation as prescribed are not given, the bid will be rejected at the stage of primary evaluation. In case of no deviations, a statement to that effect must be given. iv) While giving compliance to Section-5 Part A, General Commercial conditions, Section-4 Part B, Special Instructions to Bidders, Section-5 Part B Special (Commercial) Conditions of Contract and Section-3 Technical Specifications/Scope of work 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. v) Section-9 Pt B Price Schedule: Prices are not filled in as prescribed in price schedule. vi) “Discount, if any, offered by the bidder shall not be considered unless specifically indicated in the price schedule. Bidders desiring to offer discount shall therefore modify their offer suitably while quoting and shall quote clearly net price taking all such factors like Discount, free supply etc. into account”.
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vii) Before outright rejection of the Bid by Bid-opening team for non-compliance of any of the provisions mentioned in clause 31.1(i), 31.1(ii) of Section-4 Part A, 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 EOI process with full justification quoting specifically the violation of EOI condition if any. Bid opening team will not return the bids submitted by the bidders on the date of EOI 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.
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 EOI 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 EOI as early as possible preferably on next working day and decision to this effect should be communicated to the bidder company within a week positively. Bids found liable for rejection and kept preserved on the date of EOI opening will be returned to the bidders after issue of P.O. against the instant EOI.
If the reviewing officer finds it fit to open the bid of the petitioner, this should be done by giving three (working) days notice to all the participating bidders to give opportunity to participants desirous to be present on the occasion.
32. ACTION BY BSNL AGAINST BIDDER(S)/ VENDOR(S) IN CASE OF DEFAULT
In case of default by Bidder(s)/ Vendor(s) such as a) Vendor does not Start the activity in time; b) Vendor 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 of this section. Purchaser will take action as specified in Appendix-1 of this section 33. Clause deleted 34. NEAR-RELATIONSHIP CERTIFICATE 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 EOI. 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 EOI 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.
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The Company or firm or the person will also be debarred for further participation in the concerned unit.
The near relatives for this purpose are defined as:- (a) Members of a Hindu undivided family. (b) They are husband and wife. (c) The one is related to the other in the manner as father, mother, son(s) & Son's wife (daughter in law), Daughter(s) and daughter's husband (son in law), brother(s) and brother's wife, sister(s) and sister's husband (brother in law). The format of the certificate is given in Section 6 (B). 35. VERIFICATION OF DOCUMENTS AND CERTIFICATES The bidder will ensure that all the documents and certificates, including experience/ performance and self-certificates submitted by him are correct and genuine before enclosing them in the bid. The onus of proving genuineness of the submitted documents would rest with the bidder. If any document/ paper/ certificate submitted by the participant bidder is found / discovered to be false / fabricated / tempered / manipulated either during bid evaluation or during award of contract or thereafter, then the Purchaser will take action as per Clause- 1 of Appendix-1 of this section 36. Security Clause as per latest guidelines and requirement Mandatory Licensing requirements with regards to security related concerns issued by the Government of India from time-to-time shall be strictly followed.
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APPENDIX-1 TO SECTION-4 PART-A
S. No. Defaults of the bidder / vendor. Action to be taken
A B C
1(a) Submitting fake / forged
a) Bank Instruments with the bid to meet terms & condition of tender in respect of i) Rejection of tender bid of respective Vendor. tender fee and/ or EMD; ii) Banning of business for 3 years which implies b) Certificate for claiming exemption in barring further dealing with the vendor for respect of tender fee and/ or EMD; procurement of Goods & Services including and detection of default at any stage from participation in future tenders invited by BSNL for 3 receipt of bids till award of APO/ AWO years from date of issue of banning order. issue of PO/WO. iii) Termination/ Short Closure of PO/WO, if issued. c) Submitting fake / forged documents This implies non-acceptance of further supplies / towards meeting eligibility criteria such work & services except to make the already received as experience capability, supply proof, material work/ complete work in hand. registration with Goods and Services Tax, Income Tax departments etc and as supporting documents towards other terms & conditions with the bid to meet terms & condition of tender. Note 1:- However, in this case the performance guarantee if alright will not be forfeited.
Note 2:- Payment for already received supplies/ completed work shall be made as per terms & conditions of PO/ WO. 1(b) Submitting fake / forged documents towards meeting eligibility criteria such (i) If detection of default is prior to i) Rejection of Bid & award of APO / AWO ii) Forfeiture of EMD. (ii) If detection of default after issue of i) Cancellation of APO /AWO APO but before receipt of PG/ SD (DD,BG ii) Rejection of Bid & etc.) iii) Forfeiture of EMD. (iii) If detection of default after receipt of i) Cancellation of APO / AWO PG/ SD (DD,BG etc.) . ii) Rejection of Bid & iii) Forfeiture of PG/ SD. However on realization of PG/ SD amount, EMD, if not already released shall be returned.
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(iv) If detection of default after issue of i) Termination/ Short Closure of PO/WO and PO/ WO Cancellation of APO / AWO
ii) Rejection of Bid & iii) Forfeiture of PG/ SD. However on realization of PG/ SD amount, EMD, if not
released shall be returned.
Note 3:- However, settle bills for the material received in correct quantity and quality if pending
items do not affect working or use of supplied items.
Note 4:- No further supplies are to be accepted except that required to make the already supplied items work.
Defaults of the bidder / vendor Action to be taken.
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 Banning of business for 3 years which implies Barring duties & responsibilities for the following further dealing with the vendor for procurement of a) Obstructing functioning of tender Goods & Services including participation in future opening executives of BSNL in receipt/ tenders invited by BSNL for 3 years from date of issue opening of tender bids from prospective of banning order. Bidders, suppliers/ Contractors. b) Obstructing/ Threatening other prospective bidders i.e. suppliers/ Contractors from entering the tender venue and/ or submitting their tender bid freely. 3 Non-receipt of acceptance of APO/ AWO Forfeiture of EMD. and SD/ PG by L-1 bidder within time period specified in APO/ AWO. 4.1 Failure to supply and/ or Commission the i) Termination of PO/ WO. equipment and /or execution of the work ii) Under take purchase/ work at the risk & cost at all even in extended delivery schedules, of defaulting vendor. if granted against PO/ WO. iii) Recover the excess charges if incurred from the PG/ SD and outstanding bills of the defaulting Vendor.
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4.2 Failure to supply and/ or Commission the i) Short Closure of PO/ WO to the quantity already equipment and /or execution of the Work received by and/ or commissioned in BSNL and/ or in full even in extended delivery in pipeline provided the same is usable and/or the schedules, if granted against PO/ WO. Vendor promises to make it usable. ii) Under take purchase/ work for balance quantity at the risk & cost of defaulting vendor. iii) Recover the excess charges if incurred from the PG/ SD and outstanding bills of the defaulting Vendor. 5.1 The supplied equipment does not perform i) If the material is not at all acceptable, then return satisfactory in the field in accordance with the non-acceptable material (or its part) & recover its the specifications mentioned in the PO/ cost, if paid, from the o/s bills/ PG/ SD. WO/Contract. OR ii) If the material is inducted in network & it is not possible to return it and/ or material is acceptable with degraded performance, the purchaser may determine the price for degraded equipment (Financial penalty = Price – price determined for degraded equipment) himself and/ or through a committee. Undertake recovery of financial penalty from outstanding dues of vendor including PG/ SD.
5.2 Major quality problems (as established by i) If the material is not at all acceptable, then a joint team / committee of User unit(s) return the non-acceptable material (or its part) & and QA Circle) / performance problems recover its cost, if paid, from the o/s bills/ PG/ SD; and non-rectification of defects (based on OR reports of field units and QA circle). ii) If the material is inducted in network & it is not possible to return it and/ or material is acceptable with degraded performance, the purchaser may determine the price for degraded equipment (Financial penalty = Price – price determined for degraded equipment) himself and/ or through a committee. Undertake recovery of financial penalty from outstanding dues of vendor including PG/ SD; and iii) Withdrawal of TSEC/ IA issued by QA Circle. 6 Submission of claims to BSNL against a i) Recovery of over payment from the outstanding contract dues of Vendor including EMD/ PG & SD etc. and by invoking ‘Set off’ clause 21 of Section 5 Part A or by (a) for amount already paid by BSNL . any other legal tenable manner. ii) Banning of Business for 3 years from date of issue (b) for Quantity in excess of that supplied of banning order or till the date of recovery of over by Vendor to BSNL. payment in full, whichever is later.
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c) for unit rate and/ or amount higher than that approved by BSNL for that purchase. Note 5:-The claims may be submitted with or without collusion of BSNL Executive/ employees.
Note 6:-This penalty will be imposed irrespective of the fact that payment is disbursed by BSNL or not. 7 Network Security/ Safety/ Privacy:- If the i) Termination of PO/ WO. vendor tampers with the hardware, ii) Banning of business for 3 years which implies software/ firmware or in any other way barring further dealing with the vendor for that procurement of Goods & Services including a) Adversely affects the normal working participation in future tenders invited by BSNL for 3 of BSNL equipment(s) and/ or any years from date of issue of banning order. iii) other TSP through BSNL. Recovery of any loss incurred on this account from the Vendor from its PG/ SD/ O/s bills etc. b) Disrupts/ Sabotages functioning of the iv) Legal action will be initiated by BSNL against the BSNL network equipments such as Vendor if required. exchanges, BTS, BSC/ MSC, Control equipment including IN etc., transmission equipments but not limited to these elements and/ or any other TSP through BSNL. c) tampers with the billing related data/ invoicing/ account of the Customer/ User(s) of BSNL and/ or any other TSP(s). d) hacks the account of BSNL Customer for unauthorized use i.e. to threaten others/ spread improper news etc. e) undertakes any action that affects/ endangers the security of India. 8 If the vendor is declared bankrupt or i) Termination/ Short Closure of the PO/ WO. insolvent or its financial position has ii) Settle bills for the quantity received in correct become unsound and in case of a limited quantity and quality if pending items do not affect company, if it is wound up or it is working or use of supplied items. liquidated. iii) No further supplies are to be accepted except that required to make the already supplied items work. iv) In case of turnkey projects, If the material is commissioned and is usable without any degradation of performance, then settle bills for the acceptable equipment/ material (or its part). v) In case of turnkey projects, if the material is inducted in network & it is not possible to return it and/ or material is acceptable with degraded performance, the purchaser may determine the price for degraded equipment (Financial penalty = Price –
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price determined for degraded equipment) himself and/ or through a committee. Undertake recovery of financial penalty from outstanding dues of vendor including PG/ SD. 9 In the event of the vendor, its proprietor, i) Termination/ Short Closure of the PO/ WO. Director(s), partner(s) is / are convicted by a Court of Law following prosecution ii) Settle bills for the material received in correct for offences involving moral turpitude in quantity and quality if pending items do not affect relation to the business dealings. working or use of supplied items. iii) No further supplies are to be accepted except that required to make the already supplied items work.
iv) In case of turnkey projects, If the material is commissioned and is usable without any degradation of performance, then settle bills for the acceptable equipment/ material (or its part).
v) In case of turnkey projects, If the material is inducted in network & it is not possible to return it and/ or material is acceptable with degraded performance, the purchaser may determine the price for degraded equipment (Financial penalty = Price – price determined for degraded equipment) himself and/ or through a committee. Undertake recovery of financial penalty from 10 If the vendor does not return/ refuses to i) Take action to appoint Arbitrator to adjudicate the return BSNL’s dues: dispute. a) inspite of order of Arbitrator. i) Termination of contract, if any. ii) Banning of business for 3 years which implies barring further dealing with the vendor for procurement of Goods & Services including participation in future tenders invited by BSNL from date of issue of banning order or till the date by which vendor clears the BSNL’s dues, whichever is later. iii) Take legal recourse i.e. filing recovery suite in appropriate court. b) inspite of Court Orders. i) Termination of contract, if any. ii) Banning of business for 3 years which implies barring further dealing with the vendor for procurement of Goods & Services including participation in future tenders invited by BSNL from date of issue of banning order or till the date by which vendor clears the BSNL’s dues, whichever is later.
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11 If the Central Bureau of Investigation/ Take Action as per the directions of CBI or concerned Independent External Monitor (IEM) / department. Income Tax/Goods and Services Tax / Custom Departments recommends such a course 12 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 of malpractices such as i) Banning of business for 3 years which implies bribery, corruption, fraud, substitution of Barring further dealing with the vendor for tenders, interpolation, misrepresentation procurement of Goods & Services including with respect to the contract in question. participation in future tenders invited by BSNL for 3 (b) If the vendor/ supplier fails to execute years from date of issue of banning order. a contract or fails to execute it satisfactorily beyond the provisions of (c) If the vendor/ supplier fails to submit required documents/ information, where required. (d) Any other ground which in the opinion of BSNL is just and proper to order for banning of business dealing with a vendor/ supplier. Note 7: The above penalties will be imposed provided it does not clash with the provision of the respective tender. Note 8:-In case of clash between these guidelines & provision of invited tender, the provision in the respective tender shall prevail over these guidelines. Note 9: Banning of Business dealing order shall not have any effect on the existing/ ongoing works/ AMC / CAMC which will continue along with settlement of Bills. *****
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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 Purchaser shall evaluate the bids to determine whether they are complete, whether any computational errors have been made, whether required sureties have been furnished, whether the documents have been properly signed and whether the bids are generally in order. 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. Prior to the detailed evaluation pursuant to clause 2, the Purchaser will determine the substantial responsiveness of each bid to the Bid Document. For purposes of these clauses, a substantially responsive bid is one which confirms to all the terms and conditions of the Bid Documents without material deviations. The purchaser's determination of bid's responsiveness shall be based on the contents of the bid itself without recourse to extrinsic evidence. A bid, determined as substantially non-responsive will be rejected by the purchaser and shall not subsequent to the bid opening be made responsive by the bidder by correction of the non- conformity. The Purchaser may waive any minor infirmity or non-conformity or irregularity in a bid which doesn't constitute a material deviation, provided such waiver doesn't prejudice or affect the relative ranking of any bidder. If required, in such cases, the bidder may be asked to submit necessary clarification & supporting authenticated documents during evaluation. 2. EVALUATION AND COMPARISON OF SUBSTANTIALLY RESPONSIVE BIDS The Purchaser shall evaluate in detail and compare the bids previously determined to be substantially responsive pursuant to clause 1. The financial proposals of only those Bidders, whose techno-commercial proposals have been determined as substantively responsive, shall be opened. Financial evaluation shall be done for all the works together, as a package.
The financial bid shall be evaluated as lowest package cost quoted by the Bidder. After evaluation, BSNL shall prepare a list of bidders, arranged in increasing order of the quoted package rate starting from the lowest (i.e. L1, L2, L3 and so on) separately for the purpose of awarding work. 3. FINANCIAL PROPOSAL The Firm shall submit the financial bid as per format. The Financial offer should be strictly in the format as at Section 9 (B) and any variation may render the offer invalid. Bidder may quote for all category of Works or for any combinations. The prices quoted should be limited to 2 decimal points only. Any figure after 2 decimal points shall be ignored for all purpose. In case of variation between rate mentioned in figures & words, the amount in words shall prevail. 4. FORMATION OF RINGS FOR QUOTING CARTEL RATE : 4.1 Equality of Net cost (Composite price excluding duties & taxes creditable able ) at any rank, whether evaluated on individual item-wise or package value basis, as the case may be, shall be sufficient ground to declare such bidders as Cartel.” 4.2 If one or more groups of bidders are found to have formed rings for bidding Cartel Rates intended to Page 34 of 86
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restrict competition and to boost up rates of EOI items to the detriment of the BSNL, the Purchaser reserves the right to ignore their offers. If the offers are taken into consideration for some reasons and other, group or groups forming the cartel shall be treated as one offer and quantity distribution shall be made accordingly.
Whenever evaluation and the ranking of the bids are made on package value (i.e. unit price of each item X quantity / weight then total of all the prices of all items) basis, action as contained in Clause 4.1 & 4.2 above as deemed fit shall be taken if the package value is same. In case any bidder(s) at same stage of ranking (Cartel) do not accept the approved rate or quantity allotted to them, then such left out quantity shall be set aside afresh and shall be distributed among the recommended eligible bidder(s) again as per the distribution table.
5 DISTRIBUTION OF QUANTITY:
The Purchaser intends to limit the number of technically and commercially responsive Bidders to 1 (Only one) bidder for all the items from the list of such bidders arranged in increasing order of their evaluated prices starting from the lowest package rates for the purpose of ordering against this EOI. The distribution of the quantity shall be as given in Table 1 below. Table 1(A) (Without provisions for MSE Units) No. of Bidders to be Quantity allotted to the respective bidder (Col. 2) considered approved (Col. 1) L1 L2 L3 L4 L5 and so One bidder 100% Nil Nil Nil Nil
6. RANKING: Ranking & Evaluation of the offers will be made on Package value basis as per the below given evaluation matrix. Evaluation matrix:- (Illustrative)
7. Item wise fincial bid - Quote + / - % Quoted Final Base age of the Quantity Rate per Quoted S.No. Item Unit price(In Base price per in SSA Unit(In Rs) Amount per Rs)/Unit unit (in per month month figures) A B D E F G H : Mobile Site maintenance & 1 Upkeep (2G and /or 3G and /or 4G) per month 154 Nos 2500/- : RF Optimization & Rigger 2 Activities for BTS sites per month 258 Nos 230/- :Diesel Filling Activities for head load from nearest road for minimum 25 litres or more per trip/ occasion 3 A. Within 200 to 500 Meter 200 Nos 200/ B. more 500 Meter to 1500 Km. 200 Nos 400/ C. more than 1.5 Km. 100 Nos 1000/ Total basic quoted amount In Rs.(per month) Page 35 of 86
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8. Paying authority shall be the C.A.O./A.O. of the work order issuing with SSA and details shall be indicated in PO / WO.
9. (i) EOI shall be processed & APO / AWO shall be issued by AGM (Plg) O/o The GMTD NAINITAL . (ii) The Purchase Order/ Work Order on successful submission of PBG to SSA, shall be isued by AGM (Plg) AGM (Plg) O/o The GMTD NAINITAL : .
(iii) The Agreement to be executed between Contractor & BSNL shall be conveyed along with APO / AWO based on terms and conditions of the EOI.
10. In case of any change in constitution of firm / company or transfer of ownership, during the contract period, written approval of tendering authority shall be obtained by submitting the necessary documents, with undertaking that the changed entity shall continue to perform the contractual obligations of the supplier under this contract. 11. E-Reverse Auction e-Reverse Auction would be conducted on unit/total package/net cost to BSNL value for bid evaluation, subsequently after the opening of the Financial-Part. The following would be parameters for each e-Reverse Auction:
Sl. Parameter Parameter Value
1 Date and Time of Reverse-Auction Bidding Event Will be intimated to Technically Responsive bidders after the opening of Financial-part. 2 Duration of Reverse-Auction Bidding Event One Hours 3 Automatic extension of the ‘Reverse-Auction Closing Yes Time’, if last bid received is within a ‘Pre-defined Time- Duration’ before the ‘Reverse-Auction Closing Time’ 3.1 Pre-defined Time-Duration 5 Minutes 3.2 Automatic extension Time-Duration 10 Minutes 3.3 Maximum number of Auto-Extension 6 Automatic Extensions 4 Criteria of Bid-Acceptance ‘Beat on Starting Price’, as well as, ‘Beat on Rank-1 Bid Value’ 5 Entity – Start-Price L1 of Net Unit cost to BSNL as per column 14 of price schedule (shall be declared during notice for RA). 6 Minimum Bid-Decrement Shall be declared during notice for RA 7 Display of ‘Pseudo Identity’ of Bidders during bidding All Bidders, as well as, BSNL’s officers. 8 Display of Bidder’s own current Rank Yes
NOTE: Parameters at S.No.5 & 6 shall be confirmed after opening & evaluation of Financial bid part
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Section- 4 Part C
E-tendering Instructions to Bidders General These Special Instructions (for e-Tendering) supplement ‘Instruction to Bidders’, as given in this Tender Document. Submission of Online Bids is mandatory for this Tender.
E-Tendering is a new methodology for conducting Public Procurement in a transparent and secured manner. Suppliers/ Vendors will be the biggest beneficiaries of this new system of procurement. For conducting electronic tendering, BSNL Uttarakhand Circle has decided to use the Portal https://etenders.gov.in/eprocure/app Government of India. Benefits to Suppliers are outlined on the Home- page of the portal.
Instructions
1. Tender Bidding Methodology
Sealed Bid System – ‘Single Stage - TWO Envelope’
2. Broad outline of activities from Bidders prospective i. Procure a Digital Signing Certificate (DSC) ii. Register on https://etenders.gov.in/eprocure/app. iii. Create Users and assign roles. iv. View Notice Inviting Tender (NIT). v. Download Official Copy of Tender Documents. vi. Bid-Submission. a) Please take care to scan documents that total size of documents to be uploaded remains minimum. If required, documents may be scanned at lower resolutions say at 150 dpi. However it shall be sole responsibility of bidder that the uploaded documents remain legible. b) Utmost care may be taken to name the files/documents to be uploaded. There should be no special character or space in the name of file. c) It is advised that all the documents to be are kept scanned or converted to PDF format in a separate folder on your computer before starting online submission. BOQ may be downloaded and rates may be filled appropriately. This file may also be saved in a secret folder on your computer. The names & total size of documents may be checked. vii. Submission of offline documents as per Clause 5.1 in a sealed envelope to AGM(Plg) O/o GMTD, NAINITAL, Uttarakhand Circle BSNL, on or before due date & time. viii. Attend Public Online Tender Opening Event (TOE) : Opening of Techno-commercial Part. ix. View Post-TOE reports posted by BSNL. x. Attend Public Online Tender Opening Event (TOE) : Opening of Financial-Part (Only for Technical Responsive Bidders) xi. View Post-TOE reports posted by BSNL. For participating in this tender online, the following instructions are to be read carefully. These instructions are supplemented with more detailed guidelines on the relevant screens of www.etenders.gov.in.
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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 Central Public Procurement Portal (https://www.etenders.gov.in). Vendor need to register on the portal. The vendor should visit the home-page of the portal (www.etenders.gov.in) and go to the e-procure link then select Bidders Manual Kit.
Note: Please contact NIC Helpdesk (as given below), to get your registration accepted/activated NIC Helpdesk 0120-4200 462 Telephone 0120-4001 002 0120-4001 005 0120-6277 787 E-mail ID support-eproc(at)nic(dot)in
5. Offline submission
The bidder shall submit the following documents offline in Physical form to AGM(Plg) O/o GMTD, Nainital : Avas Vikas Telephone Exchange -263139 on or before the date & time of submission of bids specified in NIT, in a Sealed Envelope. The envelope shall bear (the tender name), the tender number and the words ‘DO NOT OPEN BEFORE’ (due date & time). 1. EMD-Bid Security (Original copy). 2. DD/ Bankers Cheque - drawn in favor of Accounts Officer (Cash), O/o GMTD, Nainital SSA Uttarakhand Circle BSNL, payable at , against payment of tender fee/Bid Cost. 3. Latest and valid MSE Certificate (if applicable) 4. Power of Attorney in accordance with clause 14.4 of section 4 Part A and Authorization for executing the Power of Attorney (Original ink Signed) 5. Integrity Pact (if applicable) Note: The Bidder has to upload the Scanned copy of all above said documents during Online Bid- submission also. Note:
(i) If some document is not applicable for the bidder then he has to upload scanned copy of paper mentioning ‘The document
(ii) If document asked for, contains more than one page then all those pages may be uploaded in one PDF file.
6. Key Instructions for Bidders
The following ‘FOUR KEY INSTRUCTIONS for BIDDERS’ must be assiduously adhered to
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1. Obtain individual Digital Signing Certificate (DSC or DC) well in advance of your first tender submission deadline on https://etenders.gov.in/eprocure/app 2. Register your organization on https://etenders.gov.in/eprocure/app well in advance of your first tender submission deadline. 3. Get your organization’s concerned executives trained on using https://etenders.gov.in/eprocure/app online training module well in advance of your tender submission deadline. 4. Submit your bids well in advance of tender submission deadline onhttps://etenders.gov.in/eprocure/app (BSNL should not be responsible any problem arising out of internet connectivity issues). While the first three instructions mentioned above are especially relevant to first-time users, the fourth instruction is relevant at all times.
7. Minimum Requirements at Bidders end • Computer System with good configuration (Min P IV, 1 GB RAM, Windows XP) • 2 Mbps Broadband connectivity with UPS. • Microsoft Internet Explorer 6.0 or above • Digital Certificate(s) for users.
8. Other Instructions
Get your organization’s concerned executives trained on CPPP well in advance of your first EOI submission deadline on CPPP. Submit your bids well in advance of EOI submission deadline on CPPP 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 CPPP, the fourth instruction is relevant at all times. (BSNL shall not be responsible any problem arising out of internet connectivity issues).
9. 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. ******
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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 the purchaser against all third-party claims of infringement of patent, trademark or industrial design rights arising from use of the goods or any part thereof in Indian Telecom Network.
4. PERFORMANCE SECURITY (Refer clause- 9 of Section-5 Part-B)
5. Not Applicable
6. Not Applicable 7. Not Applicable 8. Not Applicable 9. Not Applicable 10. Not Applicable 11. Payment Terms (Refer clause- 6 of Section-5 Part-B) 12. Not applicable 13. CHANGES IN PURCHASE ORDERS / WORK ORDERS : 13.1 The purchaser may, at any time, by a written order given to a supplier, make changes within the general scope of the contract in any one or more of the following:
(a) drawings, designs or specifications, where Goods to be supplied under the contract are to be specifically manufactured for the Purchaser; (b) the method of transportation or packing; (c) the place of delivery; or (d) The services to be provided by the supplier. 13.2 If any such change causes an increase or decrease in the cost of, or the time required for the execution of the contract an equitable adjustment shall be made in the contract price or delivery schedule, or both, and the contract shall accordingly be amended. Any proposal by the supplier for adjustment under this clause must be made within thirty days from the date of the receipt of the change in order. 14. Not applicable 15. Not Applicable
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16. Not Applicable 17. FORCE MAJEURE 17.1 If, at any time, during the continuance of this contract, the performance in whole or in part by either party of any obligation under this contract is prevented or delayed by reasons of any war or hostility, acts of the public enemy, civil commotion, sabotage, fires, floods, explosions, epidemics, quarantine restrictions, strikes, lockouts or act of God (hereinafter referred to as events) provided notice of happenings of any such eventuality is given by either party to the other within 21 days from the date of occurrence thereof, neither party shall by reason of such event be entitled to terminate this contract nor shall either party have any claim for damages against other in respect of such non-performance or delay in performance, and deliveries under the contract shall be resumed as soon as practicable after such an event come to an end or cease to exist, and the decision of the Purchaser as to whether the deliveries have been so resumed or not shall be final and conclusive. Further that if the performance in whole or part of any obligation under this contract is prevented or delayed by reasons of any such event for a period exceeding 60 days, either party may, at its option, terminate the contract.
17.2 Provided, also that if the contract is terminated under this clause, the Purchaser shall be at liberty to take over from the Supplier at a price to be fixed by the purchaser, which shall be final, all unused, undamaged and acceptable materials, bought out components and stores in course of manufacture which may be in possession of the Supplier at the time of such termination or such portion thereof as the purchaser may deem fit, except such materials, bought out components and stores as the Supplier may with the concurrence of the purchaser elect to retain. 18 ACTION BY PURCHASER AGAINST BIDDER(S)/ VENDOR(S) IN CASE OF DEFAULT. 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 the purchaser. (b) Failure to perform any other obligation(s) under the Contract; and (c) Equipment does not perform satisfactory in the field in accordance with the specifications; (d) Or any other default whose complete list is enclosed in Appendix- 1 of Section-4, Part-A; Purchaser will take action as specified in Appendix-1 of Section-4, Part-A.
19 DELETED 20. ARBITRATION Except as otherwise provided elsewhere in the contract, if any dispute, difference, question or disagreement arises between the parties hereto or their respective representatives or assignees, in connection with construction, meaning, operation, effect, interpretation of the contract or breach there of which parties unable to settle mutually, the same shall be referred to Arbitration as provided here under. 1. A part wishing to commence arbitration proceeding shall invoke Arbitration clause by giving 60 days’ notice to the designated officer of the other party. The notice invoking arbitration shall specify all the points of disputes with details of the amount claimed to be referred to arbitration at the time of invocation of arbitration and not thereafter, If the claim is in foreign currency, the claimant shall indicate its value in Indian Rupee for the purpose of constitution of the arbitral tribunal. Page 41 of 86
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2. The number of the arbitrators and the appointing authority will be as under :
Claim amount Number of (excluding claim arbitrator Appointing Authority for counter claim, if any) Sole Arbitrator BSNL Upto Rs.5 Crores to be appointed from a panel of (Note: BSNL will forward a list containing names of arbitrators three empanelled arbitrators to the other party for of BSNL selecting one from the list who will be appointed as sole arbitrator by BSNL) One arbitrator by each party and the 3rd arbitrator, Above Rs.5 Crores 3 Arbitrators who shall be the presiding arbitrator, by the two arbitrators.
3. Neither party shall appoint its serving employee as arbitrator. 4. If any of the Arbitrators so appointed dies, resigns, becomes incapacitated or withdraws for any reason from the proceedings, it shall be lawful for the concerned party / arbitrators to appoint another person in his place in the same manner as aforesaid. Such person shall proceed with the reference from the stage where his predecessor had left it both parties consent for the same; otherwise he shall proceed de novo. 5. Parties agree that neither party shall be entitled for any pre-reference or pendent elite interest on its claims. Parties agree that any claim for such interest made by any party shall be avoid 6. Unless otherwise decided by the parties, Fast Track procedure as prescribed in Section 29 B of the Arbitration Conciliation Act, 1996 for resolution of all disputes shall be followed, where the claim amount is up to Rs. 5 Crores.
Fast Track Procedure(29B) –
1. Notwithstanding anything contained in this ACT, the parties to an arbitration agreement, may, at any stage either before or at the time of appointment of the arbitral tribunal, agree in writing to have their dispute resolved by fast track procedure specified in Sub Section (3). 2. The parties to the arbitration agreement, while agreeing for resolution of dispute by fast track Procedure, may agree that the arbitral tribunal shall consist of a sole arbitrator who shall be chosen by the parties. 3. The arbitral tribunal shall follow the following procedure while conducting arbitration proceedings Under Sub-section (1):- (a) The arbitral tribunal shall decide the dispute on the basis of written pleadings, documents and submissions field by the parties without oral hearing; (b) The arbitral tribunal shall have power to call for any further information or clarification from the parties in addition to the pleadings and documents filed by them; (c) An oral hearing may be held only, if all the parties make a request or if the arbitral tribunal considers it necessary to have oral hearing for clarifying certain issues; (d) The arbitral tribunal may dispense with any technical formalities, if an oral hearing is held, and adopt such procedure as deemed appropriate for expeditious disposal of the case.
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4. The award under this section shall be made within a period of six months from the date the arbitral tribunal enters upon the reference. 5. If the award is not made within the period specified in sub-section (4), the provisions of sub-Sections (3) To (9) of section 29 A shall apply to the proceedings. 6. The fees payable to the arbitrator and the manner of payment of the fees shall be such as may be agreed between the arbitrator and the parties. 7. The arbitral tribunal shall make and publish the award within time stipulated as under:
Amount of Claims and Period for making and publishing of the award Counter Claims (counted from the date the arbitral tribunal enters upon the reference)
Up to Rs 5 Crores Within 6 months (Fast Track procedure) Above Rs.5 Crores Within 12 months
However, the above time limit can be extended by the Arbitrator for reasons to be recorded in writing with the consent of parties and in terms of provisions of the Act.
8. In case arbitral tribunal of 3 arbitrators, each party shall be responsible to make arrangements for the travel and stay, etc. of the arbitrator appointed by it. Claimant shall also be responsible for making arrangements for travel / stay arrangements for the Presiding Arbitrator and the expenses incurred shall be shared equally by the parties. In case of sole arbitrator, BSNL shall make all necessary arrangements for his travel / stay and the expenses incurred shall be shared equally by the parties.
9. The Arbitration proceeding shall be held at New Delhi or Circle or SSA Headquarter (as the case may be).
10. Subject to the aforesaid conditions, provisions of the Arbitration and Conciliation Act, 1996 and any statutory modifications or re-enactment thereof shall apply to the arbitration proceedings under this Clause.
(II) Following Arbitration Clause is applicable in contracts POs, APOs, Tenders, EOls, etc. between BSNL and Central Public Sector Enterprises (CPSEs)/Government Departments/Organisation(s) as the case may be as per DPE guidelines for settlement of commercial disputes between Central Public Sector Enterprises (CPSEs) inter se and CPSEs and Government Department(s)/organisations(s) through Administrative Mechanism for Resolution of CPSEs disputes (AMRCD)
In the event of any dispute or difference relating to the interpretation and application of the provisions of commercial contracts between Central Public Sector Enterprises(CPSEs)/Port Trusts inter se and also between CPSEs and Government Department(s)/organisation(s)(excluding disputes concerning Railways, Income Tax, Customs & Excise departments).Such dispute or difference shall be taken up by either party for resolution through AMRCD as mentioned in DPE OM no. 4(1) 2013-DPE(GM)/FTS-1835 dt. 22.5.2018.
(III) APPLICABLE LAW AND JURISDICTION
(a) Applicable to all contracts as per procurement Policy: Page 43 of 86
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The supply order for Goods ‘or’ Services, including all matters connected with this supply order shall be governed by the Indian law both substantive and procedural, for the time being in force and shall be subject to the exclusive jurisdiction of Indian Courts at the place from where the Purchase order has been placed.
(b) Applicable in case of global tenders, wherein the foreign entities either itself or with JV in India are eligible as bidders: Foreign companies, operating in India or entering into joint Ventures in India shall have to obey the law of Land and there shall be no compromise or excuse for the ignorance of the Indian legal system in any way. 21 SET OFF Any sum of money due and payable to the supplier (including security deposit refundable to him) under this contract may be appropriated by the purchaser or the BSNL or any other person(s) contracting through the BSNL and set off the same against any claim of the Purchaser or BSNL or such other person or person(s) for payment of a sum of money arising out of this contract or under any other contract made by the supplier with the Purchaser or BSNL or such other person(s) contracting through the BSNL. In case of set off of the security deposit 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,the GST on such set off will be borne by the supplier. GST would not be liable on security deposit. But if supplier set off the security deposit 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, then GST would be levied. It is agreed in case of set off the security deposit 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, the GST on such set off will be borne by the supplier. 22. Not applicable. 23. Not applicable 24. Not applicable.
25. Indemnity:
(A) It is the responsibility of the supplier to ensure that outward supply return (GSTR-1)is filed correctly and to declare correct information on the Invoice and GST portal.
In case of mismatch because of vendor’s fault prompt amendments must be made by the supplier else supplier shall be required to indemnify BSNL of the loss of credit due to mis-match and BSNL shall recover the said amount from vendor. The compliance to be adhered by supplier includes (but is not limited to) the following:
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(ii) Issuing GST compliant invoice/ CN/DN. PO issued by BSNL should be referred by supplier for capturing information on the invoice.
(iii))Acceptance of changes made by BSNL on GSTN on account of non-upload or incorrect upload details on GSTN. Such changes w .r.t the mis-match are required to be accepted by supplier within the time limit prescribed under the GST law. lt must be noted that in case supplier does not accept such changes within the time limit prescribed under GST law, the loss of input tax credit( if any) would be recovered from the supplier.
BSNL reserves the right to be indemnified for the credit loss and recover the said amount from the supplier in case BSNL is unable to claim the input tax credit for any non-compliance or default or due to lack of diligence on the part of the supplier. Further in case any error because of which no credit is received then such equivalent amount is not liable to be paid by BSNL .Where, however the amount has already been paid by BSNL the same is liable to be recoverable or adjustable against subsequent payments.
(B) It is hereby agreed between both the parties that in case any GST and /or cess liability, interest, penalties or any other tax / duty / amount/charge liability /professional costs related to litigation becomes payable by BSNL or input tax credit is denied to BSNL due to failure of the supplier to comply with the relevant laws / regulations applicable in India or overseas. Supplier undertakes to indemnify BSNL for an amount equal to amount payable by BSNL and the same shall be recovered by BSNL.
26. Tax Indemnity Clause: BSNL has the right to recover Input Tax Credit loss suffered by it due to any mis- declaration on invoice by the supplier. 27. COURT JURISDICTION 1. Any dispute arising out of the EOI/ bid document/ evaluation of bids/ issue of APO / AWO shall be subject to the jurisdiction of the competent court at the place from where the DNI EOI/ EOI has been issued. 2. Where a contractor has not agreed to arbitration, the dispute/ claims arising out of the Contract/ PO / WO entered with him shall be subject to the jurisdiction of the competent Court at the place from where Contract/ PO has been issued. Accordingly, a stipulation shall be made in the contract as under.
“This Contract/ PO / WO is subject to jurisdiction of Court at Nainital 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. Necessary guidelines in this regard shall be issued separately.
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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. General Requirements to be followed for the execution of works:
i. The successful tenderer / contractor shall submit an Indemnity bond declaration, as per Annexure-1, for indemnifying BSNL against any non-compliance by bidder to any of the applicable statutory requirements, if the work is awarded to them.
ii. Safety of Labour and BSNL property:-
The successful tenderer / contractor shall be solely responsible for payment and compensation under WC Act 1923 as in force from time to time applicable in the event of accident causing injury/death to his workers and PGM/GM/and any other officers of BA- Nainital shall not be responsible in any manner.
iii. The contractor shall obtain / purchase all required insurances and make all safety arrangements required for the labourer engaged by him at his own cost. All consequences due to negligence or due to lapse of security/safety or otherwise shall remain with the contractor. BSNL shall not be responsible for any mishap, injury, accident or death of the contractor’s staff directly or indirectly. All liabilities arising out of accident or death while on duty shall be borne by the contractor. No claims in this regard shall be entertained / accepted by the BSNL.
iv. The contractor shall take all precautions to avoid all accidents by exhibiting necessary caution boards / flags and providing barriers etc. He shall be responsible for all damages and accidents caused due to negligence on his part. No hindrance shall be caused to traffic during the execution of work. Nothing extra shall be paid on this account. v. Contractor shall be fully responsible for any damages caused to BSNL / Government/ private /other operators property / Injuries public at large/ loss of life by him or his Labourer in carrying out the work and the same shall be rectified / compensated by the contractor at his own cost. vi. It will be sole responsibility of the contractor that the men deployed for the purpose of maintenance of the external plant with BSNL are to be trained to avoid any mishap, directly or indirectly. vii. On account of security considerations or on account of convenience of office staff, there could be some restrictions on the working hours or movement of vehicles for transportation of materials. The contractor shall be bound of follow all such restrictions and just the program for execution accordingly.
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viii. The contractor should carry out the work to the satisfaction of BSNL officer in charge and in the event of his failure the tendering authority reserves the right to offer the contract to any other tenderer or any other agency in case of unsatisfactory work at the cost of the contractor and payment will be settled on prorate Basis. ix. The contractor should engage workers with proven integrity to carry out the contract work. He/His worker should vacate premises after the completion of contract work. x. The contractor shall be solely responsible for payment and compensation under WC act 1923 as in force from time to time applicable in the event of accident causing injury/death to his workers and PGM SSA shall not involve in any manner. xi. No documents, towards compliance of aforesaid requirements, will be required to be submitted by bidder to BSNL paying authority for settlement of their payment invoices but the contractor must comply all requirements as per applicable Law / Acts etc. xii. The quantum of work for every half year will be assessed by BSNL and intimated to Bidder in advance. The riggers deployed shall be expert in tower related works as per norms/standard of BSNL which will be decided by Officer In-charge of BSNL’s mobile Unit. If it is observed by BSNL that required expertise & skill is not available with the deployed resource/resources and is communicated in writing to the supplier, the resources shall be changed within 7 days. xiii. Safety belts & other safety tools/ equipment’s must be provided to the riggers by contractor. xiv. Contractor must arrange to operate ‘site master’ and appropriated test & measurement instrument for VSWR measurement & VSWR fault locating on regular basis. xv. Contractor shall provide blower and other cleaning material for cleaning BTS equipment’s. xvi. Other tools and tester related to above works like rope, pulley, spanner etc. shall be provided by contractor. xvii. Supplied material must follow the norms & standard of telecom, supply material only after approval of competent authority and when not available in store and emergency condition. xviii. All the riggers shall hold required licenses and permits for the job under the contract labour (R&A) act 1970 and contract labour (Regulation & Abolition) central rules 1971, before commencement of the work and continue to have a valid license until completion of work. Any other statutory laws under state and central governments applicable from time to time shall be strictly complied with. xix. All necessary tools & testers are to be arranged by contractor. xx. Expensive testing equipment such as VSWR meter etc. will be provided by BSNL. Vendor has to assist in testing and fault rectification works. xxi. Material required if any, will be supplied by BSNL at site but assistance shall be provided by vendor. xxii. The successful bidder has to ensure opening of its office in the state of Uttarrakhand within 30 days of issue of Work Order. xxiii. The decision of PGM/GM SSA on any matter connected to this tender is final & binding on bidder.
2. OTHER CONDITIONS: i. Bidder shall be responsible to have their own teams to perform the day-to-day works as per this contract. The persons utilized by the contractor for manual assistance to subdivisions should be semi-skilled. The persons should necessarily have a Two-wheeler and a mobile connection. They should also attend to the works on call basis whenever there is such requirement, at any time. The persons utilized by the contractor should preferably be a local resident with sufficient knowledge of operating DG and other electronic switches fuse-carriers, fuse cut-outs and Page 47 of 86
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changeovers who shall reach the site within half an hour of getting the calls. ii. This contract is valid for a period of Two years. However BSNL reserves the right to extend the duration of CONTRACT for further One Year or till the finalization of the new tender (whichever is earlier) in steps of 6 months, at the same rate and terms & conditions. iii. BSNL also reserves the right to terminate this agreement at any time, by giving an advance notice of one month. iv. The exact site details of all locations will be given while signing the contract. The quantity of the locations Division-wise will also be provided at the same time. v. BSNL reserves the right to vary the quantity as per relevant tender clauses. vi. BSNL reserves the right to change the BTS locations under the contract, with 7 days’ notice. The bidder has to continue the support as per this contract in the changed locations. vii. As per this CONTRACT, the vendor has to ensure that there is no service outage due to delay in Diesel filling or unsatisfactory site Maintenance support. viii. Bidder shall station sufficient number of Persons to support the services as per this contract. Persons should be placed in such a way that they are able to carry out the day to day activities as mentioned in relevant clauses of this section and also to ensure compliance to performance indicators given below.
S.N Description of Nature of Cluster Max Sites (Cluster size) that can be allotted per personnel 01 BTS Sites Classified as Hard stations where Sites are Geographically spread apart (more than 15 km 4 from nearby site) or hill stations. 02 BTS sites in Rural Sites other than the classified Hard Stations 10 ix. During the agreement period bidder shall assign cluster coordinator in each Division and a Support Manager in the SSA, who shall act as a single point of contact in the Division/SSA respectively for BSNL for handling any service related issues under the agreement. The details of Cluster Coordinator and personnel deployed may be furnished at the time of signing the service contract with BSNL .
x. Bidder shall ensure that the persons utilized are competent, responsible, reliable and are capable of meeting the service obligations as per the contract. If the performance of any person is found to be unsatisfactory, such persons should be replaced within 7 days of notice. If the total numbers of notices necessitated on unsatisfactory performance during the contract period exceeds 5, then the competent authority of BSNL will be entitled to consider termination of the contract. The bidder shall provide proper identity card to the persons utilized/ subcontractors.
xi. The bidder shall support/co-ordinate with other agencies working at the sites, (which) who are authorized by the BSNL.
xii. No staff deployed directly or indirectly by the contractor for the CONTRACT service would have any claim in any way for getting future employment in BSNL.
xiii. The bidder shall coordinate with OMCR and field level BSNL officers (Mobile) to schedule and monitor the Diesel filling and BTS Upkeep activity. Responsibility to
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communicate the centrally collected information from OMCR alarms or by SMS/calls/email, to the concerned field persons is with the vendor.
xiv. The bidder should provide the contact details of all the persons/agencies marked for Diesel filling activity and BTS Maintenance works to the concerned BSS officers. In case of any change of persons, it should be with advance intimation to the concerned BSNL officers with the changes in contact details, if any.
xv. The Bidder will also maintain the logbook at each site (to be kept with BSNL) where in the Daily routine visits/ checks, activities done as part of BTS Upkeep, Diesel filling and DG run details are to be entered on a daily basis. The same shall be countersigned by the concerned BSNL in-charge for reference.
xvi. Officer in charge/duty officer of the BSNL site will carefully monitor the entries and countersign the logbook periodically. The Bidder shall also maintain a consolidated record of the activities carried out as per this contract, a copy of which along with performance reports from field unit is to be submitted along with the invoice for payment on a monthly basis.
xvii. In order to ensure the security of the network, bidder will be required to submit the signed Non- Disclosure Agreement.
xviii. Bidder shall ensure that the agencies or any other representative concerned for support strictly adheres to the following policy of BSNL:
a. Any change on equipment shall only be performed by the bidder after notification and Approval by BSNL.
b. Passwords/locking system on any equipment will be set by BSNL representatives and should not be changed by bidder’s representative without the approval from concerned BSNL officer.
c. Bidder shall notify BSNL, when its employee who has access to BSNL Equipment/configuration leaves the company or is transferred to another position which no longer requires access. Also the bidder shall surrender the Temporary ID cards of the employees issued by any agency related to BSNL during the course of BTS Maintenance of specific sites at the time of cessation of service of a BTS Upkeep personnel from bidder’s company or from the company to which bidder has entered in to an agreement for service.
d. Bidder or its representatives shall not make a change on any system that is not directly related to his job/duty. 3. Fault classification & Penalties: As per Section 3 of this tender document
4. PAYMENT TO THE SERVICE PERSONNEL: 1. The persons employed by the bidder are to be paid by the bidder with fair wages as per Labour Laws of Central/State Government. Other benefits to the persons like Bonus, ESI, Gratuity, EPF etc., are falling under the complete responsibility of the bidder. All safety precautions are to be carried out by the BTS Maintenance personnel while performing their routine BTS Maintenance activities. Any injury/mishap caused to the worker during the course of work due to negligence or non-adherence to standard Page 49 of 86
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safety measures shall be the responsibility of the bidder. 2. The bidder is governed by the Workmen’s Compensation Act 1923 in case of any claim by the persons employed by him/her/firm. The Service Contractor shall indemnify the Department (BSNL) of all claims made by the employees of the service contractor. 3. Bidder shall have insurance / Group insurance scheme for the employees deployed for CONTRACT. 4. The Bidder would set up an office and help desk with sufficient number of staff in designated place in each SSA to accept telephone calls/SMS/email from TSEs/BSNL officers. 5. The bidder should coordinate with OMCR and field level BSNL officers (Mobile) to schedule and monitor the Diesel filling and BTS Upkeep activity. Responsibility to communicate the centrally collected information from OMCR alarms or by SMS/calls/email, to the concerned field persons is with the vendor. 6. The bidder should provide the contact details of all the persons/agencies marked for Maintenance works to the concerned BSS officers. In case of any change of persons, it should be with advance intimation to the concerned BSNL officers with the changes in contact details, if any. 7. The Bidder will also maintain the logbook at each site (to be kept with BSNL) where in the Daily routine visits/ checks, activities done as part of BTS Maintenance, Diesel filling and DG run details are to be entered on a daily basis. The same shall be countersigned by the concerned BSNL in-charge for reference. 8. Officer in charge/duty officer of the BSNL site shall carefully monitor the entries and countersign the logbook periodically. 9. The Bidder shall also maintain a consolidated record of the activities carried out as per this contract, a copy of which along with performance reports from field unit is to be submitted along with the invoice for payment on a monthly basis. 10. In order to ensure the security of the network, bidder will be required to submit the signed Non- Disclosure Agreement. 11. Bidder shall ensure that the agencies or any other representative concerned for support strictly adheres to BSNL‟s Third Party Connection Acceptable Use Policy which is as follows:
a. Any change on equipment shall only be performed by the bidder after notification and Approval by BSNL.
b. Passwords/locking system on any equipment will be set by BSNL representatives and should not be changed by bidder’s representative without the approval from concerned BSNL officer. c. Bidder shall notify BSNL, when its employee who has access to BSNL Equipment/configuration leaves the company or is transferred to another position which no longer requires access. Also the bidder should surrender the Temporary ID cards of the employees issued by any agency related to BSNL during the course of BTS Maintenance of specific sites at the time of cessation of service of a BTS Maintenance personnel from bidder’s company or from the company to which bidder has entered in to an agreement for service.
d. Bidder or its representatives shall not make a change on any system that is not directly related to his job/duty.
5. Paying authority shall be The C.A.O. /A.O. of the work order issuing with SSA/BA and details shall be indicated in PO / WO. i. Tender shall be processed and A.P.O/A.W.O shall be issued by AGM (Plg) O/o The GMTD NAINITAL : . ii. The Purchase Order/ Work Order on successful submission of PBG to SSA, shall be
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issued by AGM (Plg) O/o The GMTD NAINITAL : . iii. The Agreement to be executed between contractor & BSNL shall be conveyed along with APO / AWO based on terms and conditions of the TENDER.
6. Payment Terms & Penalties :
a. Payment Terms: The CONTRACT charges shall be paid by BSNL on monthly basis at the end of each month from the beginning of CONTRACT. First payment after completion of the extension of BTS related alarms (As per Annexure 3) to OMCR and then on monthly basis after completion of the service month. However payment at the end of every quarter will be made after deducting penalties (The Quarterly performance reports signed by the concerned Sub Divisional Engineer and countersigned by Divisional Engineer), shall be appended to the bills by the bidder as a proof of satisfactory performance of the contract. i. to vii. Deleted. viii. Bidder shall submit Quarterly reports: “Quarterly Performance Reports” duly signed by BSNL Sub Divisional Engineer in charges and countersigned by concerned Divisional Engineer (Mobile).
b. Paying authority shall be The Accounts Officer (Cash), O/o The GMTD NAINITAL : .
c. The bidder has to give the mandate for receiving payment electronically and the charges, if any, levied by bank has to be borne by the bidder/ contractor/contractor. The bidder company is required to give the following information for this purpose along with cancelled cheque for verification:-
i. Beneficiary Bank Name: ii. Beneficiary branch Name: iii. IFSC code of beneficiary Branch iv. Beneficiary account No.: v. Branch Serial No. (MICR No.):
Supplier hereby agrees that it will be solely responsible for performing all compliances and making payments of GST , cesses, interest, penalties or any other tax/duty/amount/charge/liability/arising either out of laws /regulations applicable in India and overseas or because of a demand / recovery initiated by any revenue authority under laws / regulations applicable in India or overseas. For claiming this payment the following documents are to be submitted to the paying authority. 1. Invoice clearly indicating break up details of composite price i.e. Basic, Goods and Services Tax (GST), any other Duties and Taxes, Freight/Packing Charges, etc. 2. Work Satisfactory report from the concerned Divisional engineer. 3. Detail of Work done in the month counter signed by concerned SDEs/ DEs 4. Certificate/ supporting documents of submission of the EPF, ESI etc. to the concerned authorities as per the prevailing Labour Laws. 5. Proof of payment of GST, if applicable. 6. Timely uploading of correct and necessary information on GSTN portal is mandatory as prescribed in GST compliances.
Note :- 1) If the Service Provider fails to furnish necessary supporting documents i.e. GST invoice / Customs invoices etc. and also fails to upload the information on GSTN in respect of the Page 51 of 86
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Duties/taxes for which input tax credit is available, the amount pertaining to such Duties/Taxes will be deducted from the payment due to the Service Provider.
2) Tax amount will be paid to the Service Provider only after Service Provider declares the details of the invoices in its return in GSTR 1 and GSTR-3 uploaded the Service Provider and the same is reflected in GSTR-2A of BSNL on GSTN portal . 3) TDS/ TCS shall be deducted at the prescribed rate, if any (as the case may be). 4) BSNL can adjust/ forfeit Bank Guarantee obtained from the Service Provider against any loss of input tax credit to BSNL on account of the Service Provider default. 5) In case BSNL has to pay GST on reverse charge basis, the Service Provider would not charge GST on its invoices. Further, the Service Provider undertakes to comply with the provisions of GST law as may be applicable.
7. Submission of bills
The bills in triplicate shall be submitted in the printed format with bill numbers in running sequence.
PAN should be furnished in the bill Invoice clearly indicating break up details of composite price i.e. Basic, Goods and Services Tax (GST), any other Duties and Taxes, Freight/Packing Charges, etc. Work Satisfactory report from the concerned Divisional engineer. Detail of Work done in the month counter signed by concerned SDEs/ DEs Certificate/ supporting documents of submission of the EPF, ESI etc. to the concerned authorities as per the prevailing Labour Laws. Proof of payment of GST, if applicable. Timely uploading of correct and necessary information on GSTN portal is mandatory as prescribed in GST compliances. Any other documents as may be demanded by BSNL. GST paid challan may also be attached with the bill. Copy of EPF/ESI remittance challan’s of previous month along with the list of Labourers for whom the remittances have been made and amount paid each labour should be enclosed along with the bill from second month onwards without which payment of monthly bill will not be released. The list should contain the EPF/ESI account numbers of the labourers. Monthly remittance challans should not include remittance details of labourers engaged on other contracts. The compensation for interruption of service rendered by the Contractor while carrying out the work will be deducted from the bills submitted by the bidder for payment. In case of downward revision of statutory levies/Taxes during the contract period, such benefits will be passed on to BSNL. The service contract charges shall be paid by BSNL to the contractor on monthly basis. All Taxes, duties, and levies payable under the provisions of Statutory, Rules or Regulations of the Central/State Government or Local Bodies arising out of the contract in respect of the works or operation or any part thereof to be performed by the Contractor as applicable of the amount for which the bill has been passed will be deducted at source, under relevant.
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8. PERFORMANCE SECURITY
i The Successful bidder shall furnish performance security to the purchaser for an amount equal to 5% of the total amount of the work awarded for one year (as estimated at the time of placement of work order) within 14 days from the date of issue of Advance Purchase / Work Order by the Purchaser. ii The proceeds of the performance security shall be payable to the Purchaser as compensation for any loss resulting from the supplier's failure to complete its obligations under the contract. iii The performance security Bond shall be in the form of Bank Guarantee issued by a scheduled Bank and in the proforma provided in 'Section-7B of this Bid Document.
Validity of the Bank Guarantee shall be up to six months after contract period and it shall be extended for further one year if the work for another year is awarded to the contractor.
iv The performance security Bond will be discharged by the Purchaser after completion of the supplier's performance obligations including any warranty obligations under the contract. v In case EMD is in the form of DD/ Banker`s Cheque & contractor wants to submit PBG in the form of DD/ Banker`s Cheque; PBG amount may be adjusted by appropriating the EMD amount & balance, if any, shall be paid by DD/ Banker`s Cheque within 14 days from the date of issue of APO/AWO. However no interest on PBG amount shall be payable by BSNL. 9. Exit Clause:
i 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. ii In such case during the notice period all the terms & conditions will be enforceable and approved rates shall be paid as per the agreement. iii 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. iv 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 v No penalty / damages / compensation shall be payable by either party before expiry of agreement period, if exit is made under the following circumstances:
vi The order of any Government (Central/State) or any statutory body vii In Force Majeure event viii Notwithstanding any other rights and remedies provided elsewhere in the agreement, upon termination of this agreement:
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Neither Party shall represent the Other Party in any of its dealings.
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.
Each party shall stop using the other Party’s name, trade mark, etc., in any audio or visual form.
10.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.
11. 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 and b) No person seeks such information other than is necessary for the purpose of marketing of BSNL Services.
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.
12. Tax deducted at source: Nothing contained herein in the agreement shall prevent BSNL from deducting tax at source if required under GST Act and GST Regulations, any law or any regulation.
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13. Reverse Charge liability – Domestic procurement: Wherever domestic reverse charge is applicable on BSNL under GST Act no tax shall be charged by supplier on invoice. It shall be the liability of BSNL to pay tax under reverse charge mechanism. Unregistered supplier: It is specially agreed between the parties that where the supplier is not registered under GST Act. It shall be the responsibility of BSNL to discharge liability under reverse charge mechanism. It is further agreed that supplier shall not charge tax on invoice. 14.GST Invoice :
(i)It shall be the responsibility of supplier to raise appropriate tax invoice as per the provisions of GST Act. BSNL reserves the right to be indemnified for the credit loss in case BSNL is unable to claim the input tax credit for any non-compliance / default in raising appropriate invoice by supplier. Further all invoices should be sent to BSNL promptly.
(ii)Further the supplier is required to comply following requirements w.r.to issuance of invoice:
All the details of supplier (name, address, GST IN/ unregistered vendor, place of supply,SAC/HSN code etc.) and other mandatory details shall be mentioned on the invoice.
Invoice / DN/ CN need to be issued timely within the time prescribed under GST law. in case of any deficient supply, BSNL shall convey the same in a reasonable time to enable the supplier to issue credit note and take tax adjustment: it would be the responsibility of the supplier to declare correct information on invoice and GST portal viz. the amount, the place of supply, rate of tax etc. in case, the eligibility if input tax credit is questioned or denied to BSNL on account of default by the supplier , the same would be recovered by BSNL from the supplier. Registered location of the both parties i.e. BSNL and supplier should be mentioned in the agreement with GSTIN No. Further, supplier should raise invoice at the registered premises of BSNL for availing of credit and ensure that the place of supply as per GST law is same as registered premise: It shall be responsibility of supplier to raise invoice within the prescribed timelines. E-way bill number should be mentioned in the invoice. 15.GST Invoice and Compliances :
a. All the details of Service Provider (name, address, GSTIN/ unregistered Service Provider, place of supply, SAC/ HSN code etc.) and other mandatory details shall be mentioned on the invoice. b. Invoice/Supplementary invoice/Debit Note/Credit Note/Receipt Voucher need to be issued in compliant format and timely within the time prescribed under GST law. c. In case of any deficient/incomplete/rejected supply, BSNL shall convey the same in a reasonable time to enable the Service Provider to issue credit note and take tax adjustment. d. It would be the responsibility of the Service Provider to declare correct information on invoice and GSTN viz. the amount, the place of supply, rate of tax etc. In case, the eligibility of input tax credit is questioned or denied to BSNL on account of default by the Service Provider, the same would be recovered by BSNL from the Service Provider. e. Registered location of the both the parties i.e. BSNL and Service Provider should be mentioned in the agreement with GSTIN No. Further, Service Provider should raise invoices at the registered premise of BSNL for availing of
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credit and ensure that the place of supply as per GST law is same as registered premise. f. BSNL could at any time instruct the Service Provider to raise its invoices at a particular location of BSNL. g. It is the responsibility of the Service Provider to ensure that place of supply and the GSTN of BSNL are in the same state. If for any reason they are not in the same state, the Service Provider shall intimate to BSNL and give adequate time before raising of the invoice. h. E-waybill number should be mentioned on the invoices. i. Service Provider shall be responsible for timely issuance and delivery of invoice/ DN/ CN to enable BSNL to claim tax benefit on or before the stipulated time period provided by the GST law. j. It is the responsibility of the Service Provider to ensure that outward supply return (GSTR-1) would be filed correctly. If not, than cost would be borne by Service Provider. k. Reporting of correct outward supply by Service Provider in the outward return (GSTR-1) is the responsibility of the Service Provider. In case of mismatch because of Service Provider’s fault, prompt amendments must be made by the Service Provider else Service Provider would be required to indemnify BSNL of the loss of credit due to mis-match. The compliances to be adhered by Service Provider includes (but is not limited to) the following: (i) Uploading appropriate invoice details on the GSTN within the stipulated time; (ii) Issuing GST compliant invoice / CN/ DN. PO issued by BSNL should be referred by Service Provider for capturing information on the invoice. (iii) Service Provider needs to pay the entire self-assessed tax on timely basis. (iv) Where invoice is not uploaded or incorrect upload of invoice detail of GSTN by Service Provider then credit on such invoice will be given provisionally subject to matching. So, acceptance of changes made by BSNL on GSTN on account of non- upload or incorrect upload of invoice details on GSTN is to be submitted by Service Provider. Such changes w.r.t. the mismatch are required to be accepted by Service Provider within the time limit prescribed under the GST law. It should be noted that in case Service Provider does not accept such changes within the time limit prescribed under GST law, the loss of input tax credit (if any) would be recovered from the Service Provider. In case of mismatch because of Service Provider’s fault, prompt amendments must be made by the Service Provider else Service Provider would be required to indemnify BSNL for the losses of credit and interest paid due to mismatch. (v) Service Provider to issue all necessary documentation and perform all necessary compliances for BSNL to be eligible to claim the input tax credit of GST tax to them. In case BSNL is unable to claim the input tax credit, the amount w.r.t. GST charged by the Service Provider would be recovered from the Service Provider. (vi) A self-declaration along with evidence that the bidder is not blacklisted by GST authorities. In case Service Provider gets black listed during the tenure of BSNL contract, then Service Provider must indemnify BSNL so ensure that no loss of input tax credit is borne by BSNL due to default of Service Provider. l. All the details of Service Provider (name, address, GSTN/ unregistered Service Provider, place of supply, SAC/ HSN code etc.) and other mandatory details shall be mentioned on the invoice. m. Where the location agreed are more than one state, then separate invoice state wise to claim input tax credit in a particular state (typically happens in a bill to- ship to scenario) shall have to be submitted. n. It shall be the responsibility of the Service Provider to mention State of place of supply of goods/services in the invoice issued to BSNL. Page 56 of 86
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16.Composition scheme : Where the supplier is registered as a composition dealer under GST Act, it shall declare the same at the time of acceptance of purchase order. Supplier shall not levy or impose taxes under GST on invoices.
17. DEBIT NOTE:
(i) The supplier acknowledge and agrees to issue appropriate debit note / credit note as prescribed under GST Act and send to BSNL within the prescribed time. All documents should be received well in advance so as to enable BSNL to claim proper credit.
(ii) Further it shall be the responsibility of supplier to declare the details of such credit note in the return for the month during which such credit note has been issued but not later than September following the end of the financial year in which such supply was made of the date of furnishing of the relevant annual return, whichever is earlier.
(iii) BSNL reserves the right to indemnified for the credit loss by supplier in case of BSNL is unable to claim the input tax credit for any non-compliance of default of due to lack of diligence on the part of the supplier.
18. Purchase Order :
(i) Supplier shall raise invoice on the basis of purchase order issued by BSNL. In case of any deviation or disagreement by supplier on place of supply, billing location/ HSN code/SAC code stated on PO, it shall be the responsibility of supplier to intimate BSNL well in advance.
(ii) Further, in case supplier raises the invoice on an address other than agreed, it shall be the responsibility of the supplier to modify the invoice.
19. Place of supply: DELETED
20. Deficient supply / Incomplete Supply / rejected supply : DELETED
21. Advance payment: NOT APPLICABLE.
22. Discount Clause: DELETED 23. Compliance rating: DELETED
24. E-way Bill: It shall be responsibility of supplier to obtain e-way bill in case of movement of goods exceeding limit as prescribed under the GST Act. Supplier would indemnify BSNL in case of any non-compliance or default or due to lack of diligence on the part of the supplier to comply with the e-way bill requirement.
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negligence on the part of Service Provider due to which it is liable to pay penalty to BSNL, the same shall be recovered by BSNL from Service Provider along with applicable GST Tax (as may be applicable).
26. Liquidated Damages: GST (If applicable) on account of liquidated damages due to delay in supply of goods would be borne by supplier.
27. Miscellaneous: 1. Supplier agrees to share the monthly information with BSNL which would be uploaded by the supplier in its GSTR-1 along with the information of input credit to be claimed by BSNL in such month: 2. It shall be the responsibility of vendor to provide reconciliation statement of all the supplies made by it including issuance of credit note, debit note or other documents as prescribed within 30th September following the end of relevant financial year.
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SECTION-6
UNDERTAKING & DECLARATION
6(A) - FOR UNDERSTANDING THE TERMS & CONDITION OF EOI & SPEC. OF WORK
a) Certified that: 1. I/ We ...... have read, understood and agree with all the terms and conditions, specifications included in the EOI documents & offer to execute the work at the rates quoted by us in the EOI 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 EOI offer are correct. 2. No addition / deletion / corrections have been made in the downloaded EOI document being submitted and it is identical to the EOI document appearing on the website 3. 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 EOI offer/ cancel the LOA/ Purchase/ work order if issued and forfeit the EMD/ SD/ Bill amount pending with BSNL. In addition, BSNL may debar the contractor from participation in its future EOIs.
Date: ……………………………………………… Signature of Tenderer Place: …………… Name of Tenderer ……………………………….(Alongwith date & Seal)
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6 (B) – NEAR-RELATIONSHIP CERTIFICATE:
(Format of the Certificate to be given as per the clause 34 of Section-4 Part-A by the bidder in respect of status of employment of his/ her near relation in BSNL)
DECLARATION FORMAT FOR NON EMPLOYMENT OF RELATIVE IN BSNL
(DECLARATION TO BE GIVEN BY VENDOR)
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 EOI document is/are employed in BSNL unit as per details given in EOI 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."
Name of the vendor: _
Signature of Tenderer With seal
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SECTION- 7
PROFORMAS
7(A) For the BIDSECURITY/EMD Guarantee
(To be typed on Rs.100/- non-judicial stamp paper)
Sub: Bid Security/EMD inform of Bank Guarantee (EMBG).
1. Whereas M/s …………………………… having registered office at ……………… ………… ……………………………………… (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 ………………………………….. (Hereafter referred to as BSNL) for participation in the tender of work of …………………………………………….. vide tender no. …………………………………. Now at the request of the Bidder, We ……………………………………… Bank …………………………Branch having ………………………………………… ………. .……………………………………. (Address) and Regd. office address as ……… ………...……………………………………………………………………… ……… ……… …………… (Hereinafter called ‘the Bank”) agrees to give this guarantee as hereinafter contained:
2. We the Bank do hereby undertake to pay the amounts due and payable under this guarantee without any demur, merely on a demand from the BSNL stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the BSNL by reason of breach by the said bidder(s) of any of terms or conditions contained in the said Agreement or by reason of the bidder (s) failure to perform the said Agreement. Any such demand made on the bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee where the decision of the BSNL in these counts shall be final and binding on the bank. However, our liability under this guarantee shall be restricted to an amount not exceeding the “B. G. Amount”.
3. We undertake to pay to the BSNL any money so demanded notwithstanding any dispute or disputes raised by the bidder(s) in any suit or proceeding before any court or tribunal relating thereto our liability under this present being absolute and unequivocal. The Payment so made by us under this bond shall be valid discharge of our liability for payment there under and the bidder(s) shall have no claim against us for making such payment.
4. We the Bank further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said agreement and that it shall continue to be enforceable till all the dues of the BSNL under or by virtue of the said Agreement have been fully paid and its claims satisfied or discharged or till BSNL Certifies that the terms and conditions of the said Agreement have been fully and properly carried out by the said bidder(s) and accordingly discharge this guarantee. Unless a demand or claim under this guarantee is made on us in writing or before the expiry of Validity date from the date hereof, we shall be discharged from all liability under this guarantee thereafter.
5. We the Bank further agree with the BSNL that the BSNL shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said
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Agreement or to extend time of performance by the said bidder(s) from time to time or to postpone for any time or from time to time any of the powers exercisable by the BSNL against the said bidder(s) and to forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason of any such variation, or extension being granted to the said Bidder(s) or for any forbearance, act or omission on the part of the BSNL or any indulgence by the BSNL to the said bidder(s) or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us.
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 ………..” payable at ……………...
8. The Bank guarantees that the below mentioned officer who have signed it on behalf of the Bank have authority to give this guarantee under its delegated power.
Place: ……………………………
Date: ………………………….. (Signature of the Bank Officer)
Rubber stamp of the bank
Authorized Power of Attorney Number: ……………….
Name of the Bank officer: ……………………………..
Designation: ……………………………………
Complete Postal address of Bank: ……………………
………………………………………………………………
Telephone Numbers ……………………………..
Fax numbers ………………………………
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7(B) For the Performance Guarantee
(To be typed on Rs.100/- non-judicial stamp paper)
Dated:……………..
Sub: Performance guarantee. 1. Whereas …………………………….. …………………..(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 ……………………………………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. Page 63 of 86
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6. Notwithstanding anything herein contained ;
(a) The liability of the Bank under this guarantee is restricted to the P.G. Amount and it will remain in force up to its Validity date.
(b) The guarantee shall stand completely discharged and all rights of the BSNL under this Guarantee shall be extinguished if no claim or demand is made on us in writing on or before its validity date.
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 ……………….” payable at …………….
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 on behalf of the Bidder Name of the Representative
…………………………………….
Signature of the alternative Representative
…………………………………………..
Name of the alternative Representative
Above Signatures Attested
Note 1: Only one representative will be permitted to attend the Bid opening
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2. Permission for entry to the hall where bids are opened may be refused in case authorization as prescribed above is not received.
MODEL AMENDMENT LETTER INTIMATING CONDITIONS FOR EXTENSION OF DELIVERY PERIOD
NOT APPLICABLE
7(E) MODEL AMENDMENT LETTER FOR EXTENSION OF DELIVERY PERIOD
NOT APPLICABLE
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7(F) PROFORMA OF POWER OF ATTORNEY (Refer Clause 14.4 of Section-4 Part-A) Non-Judicial Stamp
POWER OF ATTORNEY
Be it known all to whom it concern that :-
1. Shri/Smt./Ku S/o / W/o / D/o residing at
2. Shri/Smt./Ku S/o / W/o / D/o residing at
I, The Proprietor/We all the Partners/Directors of M/s ( Name & Address) hereby appoint Shri/Smt./Ku. s/o / w/o / d/o residing at
as my/our Attorney to act in my/our name and on behalf and sign and execute all documents/agreements binding the firm for all contractual obligations (including references of cases to arbitration) arising out of contracts to be entered into by the firm with the
. And I/We hereby agree to confirm and ratify his all and every act of this or any documents executed by my/our said Attorney within the scope of the authority hereby conferred on him including references of cases to arbitration and the same shall be binding on me/us and my/our firm as if the same were executed by me/us individually or jointly.
Witness (with Address)Signature of the Proprietor/Partners/Directors
1.Name Sign. 1. Name: (Address ) 2.Name Sign. Sign. 2.Name: (Address ) Sign. 3.Name: 3.Name Sign. (Address ) Sign.
Accepted
(Name & Signature of Signatory of EOI Offer of the firm) (with Designation, Address, Phone No., Mobile No. & Email)
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A T T E S T E D
Notary Public (Signature with Official Seal ) OR
R E G I S T E R E D
Before ( SUB – REGISTRAR ) ...... (of concerned State) Signature with Official Seal
(Note :-Kindly refer Clause 14.4 of Section-4 Part-A for compliance same is reiterated as :-
(i) The Power of Attorney should be submitted and executed on the non-judicial stamp paper of appropriate value as prevailing in the respective states(s) and the same be EITHER attested by a Notary Public OR registered before Sub-Registrar of the states(s) concerned. (ii) The said Power of Attorney be executed by a person who has been authorized by the Board of Directors of the bidder in this regard, on behalf of the Company/Institution/Body corporate .Copy of the Board Resolution / authorization shall also be submitted along with POA
(iii) 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.)
Signature of Bidder
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7 (G)
Mutual Non-Disclosure Agreement (NDA) (on Rs.100/- Non-Judicial Stamp paper)
This Agreement is made as of the ...... 2017 between BHARAT SANCHAR NIGAM LIMITED (BSNL) a Government of India Enterprise,, having its registered office at Bharat Sanchar Bhawan, H. C. Mathur Lane, Janpath, New Delhi – 110 001 hereinafter called BSNL 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 and having its registered office at ...... hereinafter 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 the 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 :
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 the 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.
1. 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 or case as it normally exercises to protect its own proprietary information, but not
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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 identify 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 providing the contents of the Information.
2. The foregoing restrictions on each party's use or disclosure of Information shall not apply to Information that the receiving party can demonstrate:
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.
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3. 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 and disclosing party may impose upon any such approved removal, such as conditions that the removed Confidential information and all copies must be returned by a certain date, and that no copies are to be make off of the premises.
4. Upon the disclosing party's request, the receiving party will promptly return to the disclosing party's Confidential Information all copies thereof.
5. 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.
6) 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 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.
7) 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 ANDALL WARRANTIES AS TO THE ACCURACY OR UTILITY OF SUCH INFORMATION. execution of this Agreement and the disclosure of Information pursuant to this Agreement does not constitute or imply any commitment, promise, or inducement by either party to make any purchase or sale, or to enter into any additional agreement of any kind.
8) 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.
9) This Agreement will be construed in, interpreted and applied in accordance with the laws of India.
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10) That in case of any dispute or differences, breach & violation relating to the terms of the Agreement. The said matter or dispute, difference shall be referred to sole arbitration of Chief General Manager, UTTARAKHAND Telecom Circle(CGM MHTC) 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 otherwise or refuses to do work or neglecting his work or being unable to act as Arbitrator for any reasons whatsoever, the Chief General Manager, UTTARAKHAND Telecom Circle(CGM MHTC) shall appoint another person to act as Arbitrator in place of outgoing Arbitrator and the person so appointed shall be entitled to proceed further with the reference from the stage at which it was left by his predecessor. The 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 any rules made thereof.
11) 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.
12) This Agreement will remain in effect for five years from the date of the last disclosure of Confidential Information, at which time it will terminate, unless extended by the disclosing party in writing.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized officers or representatives.
M/s ...... BHARAT SANCHAR NIGAM LIMITED
Signature Signature
Printed Name : Printed Name :
Title : Title :
Signature of Bidder
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Exhibit A to Non Disclosure Agreement (NDA)
1. Business Purpose: Outsourcing of BTS Maintenance (Including Diesel Filling & Rigger Activities) at Mobile GSM BTS sites in SSA areas of BSNL, UTTARAKHAND Telecom Circle.
2. Confidential information of M/s ………………………………………………
3. Confidential information of Bharat Sanchar Nigam Ltd. (BSNL) : All information shared in oral or in written form by BSNL with M/s ……………………………………….
Number of subscriptions, consumption pattern etc. M/s …………………………………………………… …………………
Signature of bidder
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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 ………….……………………………………………….
Telephone No. ..……………………….. Mobile No. ……………………………
4. State the Type of Firm: Sole proprietor-ship/partnership firm / Private limited Company.(Tick the correct choice)
5. Name of the sole proprietor/ partners/ Director(s) of Pvt. Ltd Co.:
S. Name Father’s Designation Address DIN No. Phone No. No. Name Office Residence
1.
2.
3.
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. A Permanenent Account No………………………………………… 7.B GST Registration No…………………………………………………..
8. Details of the Bidder’s Bank for effecting e-payments
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(a) Name of the A/C Holder ……………………………….. (b) Beneficiary account No.:………………….……………. (c) Saving or Current Account ……………………………. (d) IFSC code of beneficiary Branch……….……………. (e) Permanent Account No. (PAN) of Firm/Company : …………………………………… (f) Beneficiary Bank Name:………………………………… (g) Beneficiary branch Name:……………………..………. (h) Branch Address ……………………………………………. (i) Branch Tel.No. ……………… FAX No. ……………… (j) Branch Serial No. (MICR No.):………………………... Tax details (CST & VAT) Registration No………….
2. GSTN Registration Number(s) of all units/business places of the bidder vide which he intends to execute the contract, if awarded. GSTN 1……………………. GSTN 2…………………… GSTN 3… ...... and so on Whether the firm has office/works in
…………………………………………………………………………………….
Place………………….
Signature of contractor ………………………
Date …………………. Name of Contractor ……………………………
Signature of the Bidder.
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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 /corrigenda / addenda Nos...... dated …………….. ……………the receipt of which is hereby duly acknowledged, we, the undersigned, offer to supply and deliver ...... in conformity with the said drawings, conditions of contract and specifications for the sum shown in the schedule of prices attached herewith and made part of the financial Bid. 2. Bid submitted by us is properly sealed and prepared so as to prevent any subsequent alteration and replacement. 3. We agree to abide by this Bid for a period of ___ 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 yearly contract value for the due performance of the contract. 6. If our Bid is accepted, we undertake to complete delivery of all the items and perform all the services specified in the contract in accordance with the delivery schedule specified in the Section-2 (Tender Information). 7. Until a formal Purchase/ 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. 8. We have read and understood all technical, general & commercial conditions of this bid document and accept to comply them unconditionally. 9. We are not under any penal action of black listing and / or barred from participating in EOI by any BSNL unit or any other Govt./Semi Govt./ Autonomous body/PSU
Dated: ...... day of ...... 2020
Signature ………………………….
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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
Financial Schedule:
Bidder has to submit financial bid online in excel file on https://etenders.gov.in/eprocure/app .
Name of bidder: ………………………………………………………………………………
Name of Location: (ALMORA )
It will be available online in electronic envelope named Financial Bid
(Digital BOQ sheet)
Download it, Quote the rate as specified in the field save and up-load the BOQ sheet of Digital Envelope
(On-line).
GST Rate applicable …………………...... %Applicable SAC (6 Digit) ……………………………......
NEXURE - 1
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DEED OF INDEMNITY
This DEED OF INDEMNITY is executed on this the ……………………………, by
1. <
TO AND IN FAVOUR OF
Bharat Sanchar Nigam Limited, through the ……………………… BSNL ………………………. Office (hereinafter referred to as the Purchaser which expression shall unless repugnant to the context or meaning thereof mean and be deemed to include its authorized representatives and permitted assigns) on the Other Part.
WHEREAS
(a) The Purchaser had invited bids vide their Tender Enquiry No.……………………….(hereinafter referred to as ‘Tender’) for the purpose of ………………………………………………………………………………………………….. (b) The Bidder had submitted its bid/ proposal dated ___ (hereinafter referred to as the ‘Bid’) for the provision of such services in accordance with its proposal as set out in its Bid and in accordance with the terms and conditions of the Tender. (c) The Bidder has in order to comply with the terms of the Tender agreed to execute the Deed of Indemnity on such terms and conditions more fully mentioned below.
NOW THIS DEED OF INDEMNITY WITNESSETH AS FOLLOWS:
1. The Bidder shall, in consideration of the Purchaser making payment under and in accordance with the Tender Document, hereby agrees to indemnify the Purchaser against any costs, loss, damages and claims from third parties or liabilities suffered by the Purchaser and directly arising out of the following reasons:
a. Any illegal or unauthorized use or in connection with any claim or proceedings relating to any breach or violation of any permission/license terms by the Bidder or any of its sub-contractor in the process of fulfillment of required obligations during contract period.
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b. The Bidder shall protect, defend, indemnify and hold harmless to BSNL and its employees from and against any and all liabilities, damages, fines, penalties and cost (including legal costs and disbursements) arising from:
I. Any breach of any statute, regulation, direction, orders or standards from any Governmental body, Agency or regulator issued with respect to the product /services being supplied/provided under this Tender. II. Any claim made by third parties arising out of the use of the services of BSNL being provided using the equipment/services supplied under the Tender to the extent these are attributable solely to the poor quality or non-compliance of the products/services to the respective specifications. III. Any claims arising from other utility / service providers in connection with interruptions or degradation of their services due to services provided by bidder under this Tender.
2. The bidder also declares that in case bidder is blacklisted by GST Authorities in future & which results in loss of Input Tax Credit (ITC) to BSNL, then BSNL shall have right to recover any such loss of ITC arising on account of such black-listing.
3. This Deed of Indemnity shall stand terminated on expiry of or early termination of the contract period as envisaged in the above said Tender requirement. 4. The Deed of Indemnity shall constitute the entire indemnity provided by the Bidder for the indemnities asked in said Tender.
5. This Deed of Indemnity shall be governed by and construed in accordance with Indian law.
(Authorized Signatory)
Date:
Place:
<< Name of the Bidder>>
Witness 1:
Witness 2:
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Annexure-2A List of 2G/3G/4G Sites (Total-154 Nos.) in ALMORA SSA, UTTARAKHAND Telecom Circle.
2G 3G 4G Media ML/OFC Type Site 2 3 4 ML/OF S.N BTS Name Type SDCA G Make G Make G Make C FAR END Bhetuli(Khali 1 estate) ER USO Almora Y ER OFC 2 Chaundungri ER USO Almora Y ER ML Barakot 3 Chausali ER USO Almora Y ER OFC 4 Chitai ER NBSNL Almora Y ER Y ZTE OFC Daulaghat 5 (Korichhina) ER NBSNL Almora Y ER Y ER OFC 6 Dhura Sangroli ER NBSNL Almora Y ER Y ER ML Lamgara Dhaulchhi 7 Diyari ER USO Almora Y ER ML na 8 Dungra ER USO Almora Y ER OFC Gananath 9 Thapla ER USO Almora Y ER Y ER ML Basoli Roliyana 10 Gounth ER NBSNL Almora Y ER Y ER ML Kausani TE OFC/M 11 Sheetalakhet ER NBSNL Almora Y ER Y ZTE L Almora TE Silkhora 12 (Gaurapani) ER USO Almora Y ER ML Lamgara 13 Hawan Toli ER USO Bageshwar Y ER Y ER OFC Vijaypur 14 Jethai ER USO Bageshwar Y ER Y ER ML TE 15 Karmi ER NBSNL Bageshwar Y ER VSAT 16 Sorag ER USO Bageshwar Y ER VSAT 17 Supi ER USO Bageshwar Y ER VSAT Chanoli, 18 Bhikiyasain ER USO Ranikhet Y ER Y ER ML Jaurasi TE 19 Chakur Gaon ER USO Ranikhet Y ER ML Chanoli 20 Kuloli Khumar ER USO Ranikhet Y ER OFC Kuloli 21 Maida Kote ER USO Ranikhet Y ER ML Khumar Sinar, 22 Bhikiasain ER USO Ranikhet Y ER ML Manila TE Tanakpur 23 Chaurakot-II ER USO Champawat Y ER Y ER ML TE Khetikhan 24 Koond ER USO Champawat Y ER ML TE Suyal 25 Koyati ER USO Champawat Y ER Y ER ML Khark Baluwakot 26 Baluakot ER NBSNL Dharchula Y ER Y ML TE 27 Kalika ER NBSNL Dharchula Y ER Y ZTE OFC
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28 Gangolighat ER NBSNL Pithoragarh Y ER Y ER OFC 29 Jewal ER USO Pithoragarh Y ER ML Gangolihat Dharamgh 30 Karalamahar ER USO Pithoragarh Y ER ML ar 31 Syunura ER USO Pithoragarh Y ER OFC Udiyari(Chauko 32 ri) ER USO Pithoragarh Y ER OFC 33 Kamedua ER USO Ranikhet Y ER Y ER ML Daula Bansmaitoli(Kal 34 chin Katia) ER USO Pithoragarh Y ER ML Deval 35 Chahaj ER USO Pithoragarh Y ER ML Kantgoan Bhagichur 36 Chaupata ER NBSNL Pithoragarh Y ER ML a 37 Majeerkanda ER NBSNL Pithoragarh Y ER Y ER OFC 38 Pattharkhani ER USO Pithoragarh Y ER Y ER OFC Saurlek, 39 Pithoragarh ER NBSNL Pithoragarh Y ER Y ER OFC Amiyari 40 AMO_SAULA ER USO Ranikhet Y ER ML Band Bhatronjk 41 Seem ER USO Ranikhet Y ER Y ER ML han 42 kandey kafli NK USO ALMORA Y NK Y ER OFC 43 Takula(Metro) NK NBSNL Almora Y NK Y ER OFC Kameri 44 DOFAR NK NBSNL Bageshwar Y NK Y ER ML devi Baijnath 45 Gagrigol NK NBSNL Bageshwar Y NK Y ER ML TE 46 Harshilla NK NBSNL Bageshwar Y NK Y ZTE OFC 47 Baseri NK NBSNL Ranikhet Y NK OFC 48 Tapovan NK NBSNL Dharchula Y NK OFC Jakh-Rawat 49 (Dhamigaon) NK NBSNL Pithoragarh Y NK ML Berinag DC 50 Muwani NK NBSNL Pithoragarh Y NK Y ER OFC Dharamgh 51 PANKHU NK NBSNL Pithoragarh Y NK ML ar Ganai Block 52 Office NK NBSNL Ranikhet Y NK OFC Ranikhet 53 Malli Marai NK NBSNL Ranikhet Y NK Y ER ML TE Matela Ranikhet 54 (Chaukuni) NK USO Ranikhet Y NK Y ER OFC 55 Balay USO ZTE USO Almora Y ZTE Y ER OFC 56 Bhanar ZTE NBSNL Almora Y ZTE Y ZTE OFC 57 Bhulgaon Top ZTE NBSNL Almora Y ZTE Y ZTE OFC 58 Chanoda ZTE NBSNL Almora Y ZTE Y ER OFC 59 Chounsala USO ZTE USO Almora Y ZTE Y ZTE OFC 60 Dol ZTE NBSNL Almora Y ZTE Y ZTE OFC
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61 Jageshwar ZTE NBSNL Almora Y ZTE Y ZTE ML Artola 62 Kasanband ZTE NBSNL Almora Y ZTE Y ZTE OFC 63 Manan ZTE NBSNL Almora Y ZTE Y ZTE OFC Shangrasahu 64 USO ZTE USO Almora Y ZTE Y ZTE ML Dol Kapkote 65 Bharari Market ZTE NBSNL Bageshwar Y ZTE Y ER ML TE 66 Bunna Ghunna ZTE USO Bageshwar Y ZTE Y ZTE OFC 67 Farsali ZTE NBSNL Bageshwar Y ZTE Y ZTE OFC 68 Ghingartola ZTE NBSNL Bageshwar Y ZTE Y ZTE OFC Bageshwar 69 Jaul Kandey ZTE NBSNL Bageshwar Y ZTE Y ZTE ML TE 70 Kameri Devi ZTE NBSNL Bageshwar Y ZTE Y ZTE OFC Baijnath 71 Khaderiya ZTE NBSNL Bageshwar Y ZTE Y ZTE ML TE 72 Khankar ZTE NBSNL Bageshwar Y ZTE Y ZTE OFC 73 Lahurchaura ZTE NBSNL Bageshwar Y ZTE Y ZTE ML Gagrigol 74 Liti ZTE NBSNL Bageshwar Y ZTE OFC 75 Palarichina ZTE NBSNL Bageshwar Y ZTE Y ZTE OFC 76 Rawaikhal ZTE NBSNL Bageshwar Y ZTE Y ZTE OFC Kameri 77 Reema ZTE NBSNL Bageshwar Y ZTE Y ZTE ML devi Vaikunthd 78 Sama ZTE NBSNL Bageshwar Y ZTE Y ZTE ML ham 79 Saniudiyar ZTE NBSNL Bageshwar Y ZTE OFC 80 Shanti Bazar ZTE NBSNL Bageshwar Y ZTE Y ZTE ML Khaderiya 81 Sirkote ZTE NBSNL Bageshwar Y ZTE Y ZTE OFC 82 Urkholi Top ZTE NBSNL Bageshwar Y ZTE Y ZTE OFC 83 Vijaypur ZTE NBSNL Bageshwar Y ZTE Y ZTE OFC 84 Wazula USO ZTE USO Bageshwar Y ZTE ML Sirkote 85 Chachroti ZTE NBSNL Ranikhet Y ZTE Y ZTE OFC 86 Deghat ZTE NBSNL Ranikhet Y ZTE Y ER OFC 87 Garkot Jhimar ZTE NBSNL Ranikhet Y ZTE Y ZTE OFC 88 Kosajali USO ZTE USO Ranikhet Y ZTE OFC 89 Lalnagri USO ZTE USO Ranikhet Y ZTE Y ZTE OFC 90 Nail ZTE NBSNL Ranikhet Y ZTE Y ZTE OFC 91 Syaldey ZTE NBSNL Ranikhet Y ZTE Y ER OFC 92 Bapru ZTE NBSNL Champawat Y ZTE Y ZTE OFC 93 Birgul ZTE USO Champawat Y ZTE Y ZTE ML Koyati Chauradhek 94 Lohaghat ZTE NBSNL Champawat Y ZTE Y ZTE OFC Munch 95 Dhaun ZTE NBSNL Champawat Y ZTE Y ZTE ML Tamli 96 Digalichaur ZTE NBSNL Champawat Y ZTE Y ZTE OFC Lohaghat Mkt Lohaghat 97 Forthi ZTE NBSNL Champawat Y ZTE Y ZTE ML TE 98 Maneswar ZTE NBSNL Champawat Y ZTE Y ZTE ML Champaw
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at TE Digalichau 99 Munch Tamli ZTE BSNL Champawat Y ZTE Y ZTE ML r 100 Pulla ZTE NBSNL Champawat Y ZTE Y ZTE OFC 101 Ritha ZTE NBSNL Champawat Y ZTE Y ZTE OFC 102 Suyal Khark ZTE NBSNL Champawat Y ZTE Y ZTE OFC Munch 103 Tamili ZTE NBSNL Champawat Y ZTE Y ZTE ML Tamli Bhagichur 104 Jauljibi ZTE NBSNL Dharchula Y ZTE Y ZTE ML a 105 Sosa ZTE NBSNL Dharchula Y ZTE Y ZTE ML Thanidhar 106 Tapovan Village ZTE NBSNL Dharchula Y ZTE Y ZTE OFC Tapovan 107 Thanidhar ZTE NBSNL Dharchula Y ZTE Y ZTE ML Village Vijaypur 108 Bankote ZTE NBSNL Pithoragarh Y ZTE Y ZTE ML TE Vijaypur 109 Banspatan ZTE NBSNL Pithoragarh Y ZTE Y ZTE ML TE Berinag Degree 110 College ZTE NBSNL Pithoragarh Y ZTE Y ER OFC 111 Deval ZTE NBSNL Pithoragarh Y ZTE Y ZTE OFC 112 Dharmgarh ZTE NBSNL Pithoragarh Y ZTE Y ZTE OFC 113 Didihat NBSNL ZTE NBSNL Pithoragarh Y ZTE Y ER OFC 114 Jabuka ZTE NBSNL Pithoragarh Y ZTE Y ZTE ML Berinag DC 115 Nachini ZTE NBSNL Pithoragarh Y ZTE Y ZTE OFC 116 Ogla ZTE NBSNL Pithoragarh Y ZTE Y ZTE OFC 117 Raiagar ZTE NBSNL Pithoragarh Y ZTE Y ZTE OFC 118 Sheraghat ZTE NBSNL Pithoragarh Y ZTE Y ZTE ML Kasanband 119 Talli Mirthi ZTE NBSNL Pithoragarh Y ZTE Y ER OFC 120 Tejam ZTE NBSNL Pithoragarh Y ZTE Y ZTE OFC 121 Vaikunthdham ZTE NBSNL Pithoragarh Y ZTE Y ZTE OFC 122 Aliyagarh USO ZTE USO Ranikhet Y ZTE Y ZTE ML Malli Mirai Bhatora 123 Ranikhet ZTE NBSNL Ranikhet Y ZTE Y ZTE ML Binta TE Chiliyanaul 124 Daula ZTE NBSNL Ranikhet Y ZTE Y ZTE ML a TE Ranikhet 125 Doonagiri ZTE NBSNL Ranikhet Y ZTE Y ZTE ML TE Dwarahat Dwarahat 126 Degree College ZTE NBSNL Ranikhet Y ZTE Y ER ML TE 127 Godi ZTE NBSNL Ranikhet Y ZTE Y ZTE OFC Irha Avam 128 Chak, Ranikhet ZTE USO Ranikhet Y ZTE Y ZTE OFC Kanori Bhikia 129 Khan ZTE USO Ranikhet Y ZTE Y ZTE OFC 130 Kheera ZTE NBSNL Ranikhet Y ZTE VSAT 131 Panduakhal ZTE NBSNL Ranikhet Y ZTE Y ZTE ML Ganai TE 132 Darkote ZTE NBSNL Munsyari Y ZTE Y ZTE ML Munsyari
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Munshiyari TE 133 Dore ZTE NBSNL Munsyari Y ZTE Y ZTE ML Girgoan 134 Girgaon ZTE NBSNL Munsyari Y ZTE Y ZTE OFC Darkote 135 Walthi ZTE NBSNL Munsyari Y ZTE Y ZTE ML Munsyari Kanalichhi 136 Bungachinna ZTE NBSNL Pithoragarh Y ZTE Y ZTE ML na 137 Kanalichhina ZTE NBSNL Pithoragarh Y ZTE Y ZTE OFC Pith City 138 Kantgaon ZTE BSNL Pithoragarh Y ZTE ML Jakh 139 Manmanley ZTE NBSNL Pithoragarh Y ZTE Y ZTE ML Deval 140 Pith City Jakh ZTE NBSNL Pithoragarh Y ZTE Y ZTE ML Aincholi 141 Toli ZTE NBSNL Pithoragarh Y ZTE Y ZTE OFC 142 Amyari Band ZTE NBSNL Ranikhet Y ZTE Y ZTE OFC Chaubatiy 143 Billekh ZTE NBSNL Ranikhet Y ZTE Y ZTE ML a 144 Chaubatiya ZTE NBSNL Ranikhet Y ZTE Y ZTE OFC Kuloli 145 Danyura ZTE NBSNL Ranikhet Y ZTE Y ZTE ML Khumar 146 Dida USO ZTE USO Ranikhet Y ZTE Y ZTE OFC 147 Ganiyadeoli ZTE NBSNL Ranikhet Y ZTE Y ER OFC Malyalgaon Majkhali 148 USO ZTE USO Ranikhet Y ZTE Y ZTE ML TE 149 Naini ZTE NBSNL Ranikhet Y ZTE Y ER OFC 150 Sauni USO ZTE USO Ranikhet Y ZTE Y ZTE OFC 151 Taram ZTE USO Ranikhet Y ZTE OFC N 152 BTKIT Dwarahat ZTE NBSNL Ranikhet O Y ZTE ML Asgoli Baluakot(UBLK0 N 153 1) ER BSNL Dharchula O Y ER OFC N 154 MOONAKOT ER NBSNL Pithoragarh O Y ER ML Saurlekh
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Annexure-3
List of MOCR Alarms
1. Mains Failure.
2. Low Battery Voltage.
3. Rectifiers Failure.
4. High Room Temperature.
THE END
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