GMTD-BR/PLG/Semi-Urban/Outsourcing/O&M/BTS/TE/Copper NW/2020-21/BDU/
BHARAT SANCHAR NIGAM LIMITED (A GOVT. OF INDIA ENTERPRISE)
TENDER(BID) -DOCUMENT
E-Tender for Outsourcing of Maintenance and Operation of Mobile BTS Sites/Rural Exchanges and Maintenance and provisioning of Landline & Broadband for External plant of Copper Network for Cluster–I (Urban, Semi-Urban and Rural Area) in Budaun SSA under Business Area Bareilly.
GMTD-BR/PLG/Semi-Urban/Outsourcing/O&M/BTS/TE/Copper NW/2020- T.E. No 21/BDU/ 24 Dated 14.07.2020 Date of 25.07.2020 18:00 Hrs onwards to 17.08.2020 upto 13:00 Hrs Downloading Date of 25.07.2020 18:00 Hrs to 17.08.2020 upto 13:00 Hrs Submission Date of 18.08.2020 at 13:00 Hrs Opening Bid validity 150 DAYS
Visit us at https://eprocure.gov.in http://www.upw.bsnl.co.in (Note: Kindly see all clarifications/corrigendum on website & read Bid Document carefully before submission & ensure that all documents are fully authenticated by the Authorized Signatory with his Digital signature) Planning Section Office of the General Manager Telecom District CTO Compound, Cantt. Bareilly-243001 Phone:-0581-2510700 Fax No:-0581-2575222 E-mail id: [email protected]
1/81 Digitally Signed by Bidder
GMTD-BR/PLG/Semi-Urban/Outsourcing/O&M/BTS/TE/Copper NW/2020-21/BDU/ BHARAT SANCHAR NIGAM LIMITED (A Government of India Enterprise) O/o GMTD CTO Compound, Cantt., Bareilly – 243001
From: To, AGM(Plg) All Prospective Bidders O/o GMTD, Bharat Sanchar Nigam Limited CTO Compound, Cantt., Bareilly - 243001 Tel. No. : 0581 – 2510700 Fax No. : 0581 – 257522 E-mail :[email protected]
Sub: - E-Tender for Outsourcing of Maintenance and Operation of Mobile BTS Sites/Rural Exchanges and Maintenance and provisioning of Landline & Broadband for External plant of Copper Network for Cluster–I (Urban, Semi-Urban and Rural Area) in Budaun SSA under Business Area Bareilly.
TE No.: GMTD-BR/PLG/Semi-Urban/Outsourcing/O&M/BTS/TE/Copper NW/2020-21/BDU/24 Dated 14.07.2020
Please find enclosed the tender document in respect of above mentioned tender which contains the following: - Section Title Page no. SECTION-I NOTICE INVITING TENDER (NIT) 3 SECTION-II INSTRUCTION TO BIDDERS 10 SECTION-III E-TENDERING INSTRUCTIONS TO BIDDERS 22 SECTION-IV GENERAL (COMMERCIAL) CONDITIONS OF THE CONTRACT 25 SECTION-V SPECIAL CONDITIONS OF THE CONTRACT 31 SECTION-VI SCOPE OF WORK 41 SECTION-VII PART A BID FORM / QUESTIONAIRE 50 SECTION-VII PART B TENDERER’S PROFILE 51 SECTION-VIII PERFORMANCE SECURITY BOND / BANK GUARANTEE 52 SECTION-IX LETTER OF AUTHORISATION FOR ATTENDING BID OPENING 55 SECTION-X AGREEMENT FORMAT 56 SECTION-XI DECLARATION REGARDING NON RELATIONSHIP WITH BSNL 60 EMPLOYEES SECTION-XII PART A UNDERTAKING 61 SECTION-XII PART B DECLARATION OF NO ADDITION DELETION IN THE BID DOCUMENT 62 SECTION-XII PART C SOLVENCY CERTIFICATE 63 SECTION-XII PART D INDEMNITY UNDERTAKING 63 SECTION-XII PART E CLAUSE BY CLAUSE COMPLAINCE & DEVIATION STATEMENT 64 SECTION-XIII NON BLACK LISTING OF FIRM DECLARATION 65 SECTION-XIV PAYMENT INSULATION UNDERTAKING 66 SECTION-XV PROFORMA OF POWER OF ATTORNEY 67 SECTION-XVI STANDARD SCHEDULE OF RATES 68 SECTION-XVII FINANCIAL BID(PRICE SCHEDLE/BOQ) 76 APPENDIX -I Action by purchaser against bidders/vendor in case of default 77 If interested, kindly submit your bid offers online (through CPP Portal of Government of India website: www.eprocure.gov.in on or before date & time specified in NIT(Section I) AGM(Plg) O/o PGMTD, Bareilly
2/81 Digitally Signed by Bidder
GMTD-BR/PLG/Semi-Urban/Outsourcing/O&M/BTS/TE/Copper NW/2020-21/BDU/ SECTION-I NOTICE INVITING TENDER (NIT)
T.E. No. GMTD-BR/PLG/Semi-Urban/Outsourcing/O&M/BTS/TE/Copper NW/2020-21/BDU/24 Dated 14.07.2020
Online e-Tenders (Digitally Signed) are invited by the GMTD, BSNL , CTO Compound Cantt Area , Bareilly – 243001 on behalf of Chairman and Managing Director, Bharat Sanchar Nigam Limited New Delhi from eligible prospective bidders for “Outsourcing of Maintenance and Operation of Mobile BTS Sites/Rural Exchanges and Maintenance and provisioning of Landline & Broadband for External plant of Copper Network for Cluster–I (Urban, Semi-Urban and Rural Area) in Budaun SSA under Business Area Bareilly” are as under:- 1. (a) Details of works S.N. Activity Description of Activity Estimated Estimated Estimated Cost EMD/ Cost of Bid Type Quantity cost of Activity put to Tender Bid Security Document per month for 2 Years for 2 Years in @2% in Rs. (non- Rs. refundable) Rs. 1. Type 1 Maintenance and provisioning of 35 3259872 Landline /Broadband / ISDN PRI/LC for External plant of Copper Network of Urban/ Semi-Urban/ Rural Telephone Exchanges in the Budaun SSA 2. Type 2 Mobile Access Equipment 31 1860000 Maintenance activities including RF optimization/ mini-link antenna alignment & ODU replacement as defined in scope of work i.r.o. BSNL/N_BSNL sites located at SSA HQ/SDCA HQ city limit including in radius of 5Km beyond city limit inclusive of all IP Sites of Budaun SSA 3. Type 3 Mobile Access Equipment 43 2786400 Maintenance activities including RF optimization/ mini-link antenna alignment & ODU replacement & Mobile Infra Structure Maintenance activities as defined in scope of work 9708672/- 1,94,174/- 1180/- i.r.o. standalone N_BSNL BTS sites excluding such sites located at SSA HQ/SDCA HQ city limit including in radius of 5 Km beyond city limit Budaun SSA 4. Type 4 Mobile Access Equipment 24 1670400 Maintenance activities including RF optimization/ mini-link antenna alignment & ODU replacement i.r.o. co-located Rural BSNL BTS sites along with Rural Exchange Maintenance and Upkeep activities as defined in scope of work in Budaun SSA 5. Type 5 Rural exchange maintenance & upkeep 1 60000 activities as defined in scope of work in Budaun SSA 6. Type 6 Hiring of specialized rigger activities 6 72000 for decommissioning/ installation of mini-link & BTS antenna for shifting/ new cases as per need in Budaun SSA (All the calculation is exclusive of GST. Goods and Service Tax will be paid extra.) 3/81 Digitally Signed by Bidder
GMTD-BR/PLG/Semi-Urban/Outsourcing/O&M/BTS/TE/Copper NW/2020-21/BDU/ (b). Quantity: - S. Works Item Type of Sites Total Sites No. (per Month) 1 Maintenance of Cu N/w of Left out Urban TE, Semi-Urban and Rural TE (Budaun, BSNL 35 Puranpur, Bisalpur) (Total nos of LL=596,BB=804 and LC on copper =238 , Total =1638) in 35 TE 2 Mobile Access Equipment maintenance including SSA HQ+SDCA HQ+within 5 KM BSNL+NBSNL+IP 31 SSAHQ&SDCAHQ 3 Mobile Access Equipment maintenance excluding SSA HQ+SDCA HQ+within 5 KM NBSNL 43 SSAHQ&SDCAHQ 4 Mobile Access Equipment maintenance and TE upkeep & Maintenance in Rural BSNL 24 5 TE upkeep & Maintenance of standalone Rural TE BSNL 1 6 Rigger activity (per activity per days) for dismantling /installation of Mini Link/Antenna in BSNL+NBSNL+IP 6 shifting/New case on need basis Note 1: Zone means group of BTS/Exchanges having 2G,3G,4G BTS and Cluster means group of Exchange land line, land line with broadband, ISDN PRI’s/Leased Circuits/SIP Trunk on copper. Note 2: The quantity /number/ Sites stated above are estimated and BSNL reserves the right to vary the quantity to the extent of -25 % to +25 % of specified quantities during the entire contract i.e. APO/LOI without any change in unit price or other terms & conditions.
(c). Estimated Cost of Tender Rs. 97,08,672/- (Rs. Ninety Seven Lakh Eighty Thousand and Six Hundred Seventy Two Only) (d). Cost of the Tender The Price of Tender form / Bid document Rs 1,180/- (Including GST @ Document(Non refundable) 18% ) in the event of downloading from website may be paid in cash to AO(Cash), BSNL, Bareilly or in the form of Demand Draft/Bankers Cheque issued by any National/Schedule Bank in favour of AO(Cash), BSNL, Bareilly Payable at Bareilly . In case of tender form price paid in cash as per above details, the payment receipt issued by AO(Cash) may be submitted. (e). Bid Security (EMD) The EMD Rs. 1,94,174/- may be paid in the form of Demand Draft/Bankers Cheque issued by any National/Schedule Bank in favour of AO(Cash), BSNL, Bareilly Payable at Bareilly. The EMD may also be paid in the form of BG issued by any National/Schedule Bank in favour of AO(Cash), BSNL, Bareilly Payable at Bareilly in prescribed Performa at SECTION VIII. The validity of BG should be 180 days from date of opening of tender. In case of EMD paid in cash as per above details, the payment receipt issued by AO(Cash) may be submitted. (f). Eligibility Criteria As per Clause 10 & Section II Clause 8
(g). Date & Time of Tender document can be obtained by downloading it from the website Availability/Downloading of www.eprocure.gov.in from 25.07..2020 18:00 Hrs onwards to 17.08.2020 Tender Document upto 13:00 Hrs. Since the tender is invited through e-tendering process, hence the physical copy of the tender document would not be available for sale. (h). Date & Time of Submission On e - tender Portal (www.eprocure.gov.in) 25.07.2020 18:00 Hrs to of e-Tender Document(Online) 17.08.2020 upto 13:00 Hrs (i). Opening of e-Tender On 18.08.2020 at 13:00 Hrs in the chamber of AGM(Plg) O/o GMTD (Technical Bids)(Online) BSNL,CTO Compound Bareilly-243001.Clause 9 and Section II Clause 18 (j). Bid Validity Period\Validity of 150 Days from the date of opening of Technical (Qualifying) Bid bid Offered (k). Validity of Tender Contract The contract shall be valid for a period of two year and can be further extended for a period of one year on mutual consent of the party and BSNL on same terms, conditions and rates. And fresh Agreement shall be entered into by both the parties. (l). Address for submission of Documents required offline as per Section II Clause 14.5 are to be dropped documents asper Section II (in person) on or before 17.08.2020 upto 13:00 Hrs. in the sealed Tender clause 14.5 (off line Box kept in the Chamber of AGM(Plg.),O/o GMTD, BSNL, CTO Envelope) (offline). COMPOUND, CANTT,BAREILLY-243001
4/81 Digitally Signed by Bidder
GMTD-BR/PLG/Semi-Urban/Outsourcing/O&M/BTS/TE/Copper NW/2020-21/BDU/
1.1 Each bidder can participate for any number of clusters in any, but the contract to any bidder shall not exceed 70% of total working lines of the SSA to ensure minimum two bidder in the SSA. The choice of clusters will rest with successful bidder. 1.2 One Cluster will have only one successful bidder. 1.3 A separate bid form along with price bid (as per Section-VII-A &XVII) for each cluster should be filled if the bidder wishes to participate in more than one cluster. The evaluation of the tender as well as allotment of the work will be done cluster wise. 1.4 The evaluation of the tender will be done on the price quoted in the Financial bid/Price Schedule Section-XVII of the tender document.
2. MSME/NSIC Bidders: (a) The Bidders registered with MSME (Micro, Small & Medium Enterprises) or National small scale units which are registered with National Small Scale Industries Corporation UNDER SINGLE POINT REGISTRATION SCHEME are exempted from payment of document cost & bid security. A proof regarding current / valid registration with MSME/NSIC for the tendered items will have to be attached along-with the bid by the bidder. If a vendor registered with MSME/NSIC under single point of registration scheme claiming concessional benefits are awarded work by BSNL and subsequently fails to obey any of the contractual obligations, the bidder will be debarred from any further work / contract by BSNL for any one year from the date of issue of such order. Section II Clause 32 (as applicable). (b) Bidders registered with National Small Scale Industries Corporation under Single Point of Registration, Govt. of India for similar items & having a monetary limit not below the total tender cost may claim exemption from payment of cost of Tender/Bid Form & EMD. The bidder shall furnish along with the bid, a valid certificate/ documentary proof showing that the firm is registered with NSIC for the items tendered for and clearly specifying the monetary limit. In case the bid value exceeds the monetary limit, exemption for payment towards cost of tender form shall not be permissible & bidder shall also furnish EMD for difference amount between bid value & monetary limit. Failure to comply this provision shall result in summery rejection of the bid. In this regard, all the latest rulings and amendments of NSIC will be followed. (as per Section II Clause 32) (If applicable) 3. 25% ( Includes 3% reservation for Women and 5 % for SC/ST ) of the Estimated Quantity/requirement in this tender Enquiry is earmarked for procurement from the eligible MSME/NSIC bidders. However, in case eligible MSME/NSIC bidders are not available then this quantity would be de-reserved & the allotted quantity for other general bidders will be restored to 100%. 4. Incomplete, ambiguous, conditional, unsealed (Digital signature) tender bids are liable to be rejected. 5. In case of any correction/ addition/ alteration/ omission in the tender document, the tender bid shall be treated as non responsive and shall be rejected summarily. 6. All computer generated documents/Scanned copies should be digitally signed by the bidder/ vendor organization 7. The bidder shall furnish a declaration in his tender bid that no addition / deletion / corrections have been made in the downloaded tender document being submitted and it is identical to the tender document appearing on the website. (FORMAT XII PART B) 8. The Bid, which is not accompanied by the requisite bid security and cost of tender document, shall be summarily rejected. 8.1 The tender is invited through e-tendering process, hence physical copy of the tender document would not be available for sale. Tender document can be obtained by downloading it from the website www.bsnl.co.in/tender OR www.upw.bsnl.co.in/tender OR www.eprocure.gov.in.The same tender document is uploaded on e-tender portal (CPPP E-TENDER portal www.eprocure.gov.in/eprocure/app) for start on online bid submission. 8.2 The bidding process will be accepted only through E-Tendering platform. 8.3 Once the bidder has submitted his bid through E-Tender, it will be presumed that bidder has understood & accepted all the terms and condition of the tender and no correspondence at later stage will be entertained in this matter. 9. Place of opening of Tender bids: 9.1 In this case the tender is invited through e-tendering process; hence the tender shall be opened through Online e-procurement module of NIC Government of India’. BSNL’s Tender Opening Officers as well as authorized representatives of bidders can attend the Online Tender Opening Event from the comfort of their offices. Kindly refer clause 18 of Section-II of Tender document for further instructions. 9.2 Tender bids received after due date (as indicated in NIT) will not be accepted. 9.3 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.
5/81 Digitally Signed by Bidder
GMTD-BR/PLG/Semi-Urban/Outsourcing/O&M/BTS/TE/Copper NW/2020-21/BDU/
10. DOCUMENTS ESTABLISHING BIDDER’S ELIGIBILITY AND QUALIFICATIONS: Conditions / Criteria to establish bidder’s eligibility and list of documents (self attested copy). The bidder shall furnish, as part of his bid documents establishing the bidder’s eligibility, the following documents:
10.1 General Qualification
10.1.1 Cost of Bid Document:- The Price of Tender form / Bid document Rs.1,180/-( Including GST @ 18% ) in the event of downloading from website may be paid in cash to AO(Cash), BSNL, Bareilly or in the form of Demand Draft/Bankers Cheque issued by any National/Schedule Bank in favour of AO(Cash), BSNL, Bareilly Payable at Bareilly . In case of tender form price paid in cash as per above details, the payment receipt issued by AO(Cash) may be submitted.
10.1.2 Bid Security / EMD :- The EMD Rs.1,94,174/- may be paid in the form of Demand Draft/Bankers Cheque issued by any National/Schedule Bank in favour of AO(Cash), BSNL, Bareilly Payable at Bareilly. The EMD may also be paid in the form of BG issued by any National/Schedule Bank in favour of AO(Cash), BSNL, Bareilly Payable at Bareilly in prescribed performa at SECTION VIII. The validity of BG should be 180 days from date of opening of tender. In case of EMD paid in cash as per above details, the payment receipt issued by AO(Cash) may be submitted.
10.1.3 MSME/NSIC Certificate (as applicable): -Current / Valid registration with MSME/NSIC for the tendered items. 10.1.4 The Bidder must be Indian registered Companies under Companies Act 1956/2013 or an LLP or a Firm registered under applicable Acts.
10.1.5 POA ( Power of Attorney) (a) In Case of Company (i) Copy of Memorandum and Articles of Association with certificate of incorporation. (ii) The power of Attorney should be submitted in original duly executed on the non-judicial stamp paper of Rs. 100/- , the same be attested by a Notary public. 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. (iii) Copy of Resolution passed by Board of Directors / extract of Board Resolution in regard to signing of bid signed by Company secretary or by all Directors may be submitted with Technical Bid. OR (b) In Case Partnership Firm– (i) Copy of Partnership deed
(ii) Original Power of Attorney duly notarized on the non-judicial stamp paper of Rs.100/- in favour of a person who sign the bid other than the partners and must be executed by all partners
(iii) In case one partner is signing the bid document, the original Power of Attorney duly notarized on the non- judicial stamp paper of Rs.100/- executed by all other Partners in favour of a partner who sign the bid OR (c) In Case Proprietorship Firm– (i) An original affidavit duly notarized regarding the proprietorship on non-judicial stamp paper stamp of Rs10/-
(ii) Original Power of Attorney duly notarized/ registered on the non-judicial stamp paper of Rs.100/- in favour of a person who sign the bid if proprietor does not sign the bid document.
10.1.6 GST Registration: -Copy of Valid Goods and Services Tax Registration Certificate No(s).
6/81 Digitally Signed by Bidder
GMTD-BR/PLG/Semi-Urban/Outsourcing/O&M/BTS/TE/Copper NW/2020-21/BDU/
10.1.7 PAN: Copy of valid PAN (i) In case of limited / Pvt. Limited company – PAN should be in the name of company. (ii) In case of partnership firm – PAN should be of firm only. (iii) In case of sole proprietor firm – PAN should be either of sole proprietor or firm & in such case an affidavit is also to be submitted for sole proprietor of the firm.
10.1.8 EPF- Copy of Valid EPF Registration Certificate.
10.1.9 ESI -Copy of Valid ESI Registration Certificate
10.1.10 Labour License- Labour License for any ongoing work or for last work done. In case, valid labour license in not available at the time of bidding, an undertaking on non-judicial stamp of value Rs.100/- to the effect that the valid labour license will be submitted within 30 days of award of Work Order.
10.1.11 Undertaking on non-judicial stamp of value Rs.10/- regarding firm not debarred/blacklisted for Telecom business by any Central/ State Governments/ PSUs in India at the time of submission of bid in prescribed Performa. Section XIII
10.1.12 Undertaking (s) on non-judicial stamp of value Rs.10/- regarding No Near relative by proprietor / all partners / all Directors as the case may be, in prescribed Performa. SECTION XI
10.14 Bidder’s Profile- Bid Form / Questionnaire (SECTION VII PART A) and Tenderer Profile (Section VII PART B) dully filled in.
10.1.13 Declaration w.r.t. GST- A self-declaration along with the evidence that the bidder is not blacklisted by GST authorities.
10.1.14 Indemnity- Indemnify BSNL that no loss of input Tax credit is borne by BSNL due to a default of Supplier, in case the supplier gets black-listed during the tenure of BSNL contract in prescribed Performa given in tender document. (SECTION XII PART D)
10.1.15 Multiple GST- In case of Multiple GST numbers, all the numbers can be provided as Annexure.
10.1.16 Undertaking & Declaration on non-judicial stamp of value Rs. 10/- for understanding the terms & condition of Tender & Spec. of work in prescribed Performa. SECTION XII PART A
10.1.17 Declaration - Declaration on non-judicial stamp of value Rs. 10/- that No addition/Deletion/alteration in bid document is done by bidder & the bid document is same as appeared on CPPP, in prescribed Performa Section – XII PART B
10.1.18 List of Directors - In case of bidder being a Company, 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.
1.1.19 Clause by Clause Compliance - Clause by Clause Compliance-In Prescribed Performa as specified in Bid document. SECTION XII PART E
10.1.20 No Deviation Certificate - In Prescribed Performa as specified in Bid document. SECTION XII PART E
10.2 Technical Qualification 10.2.1 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 O.F. cables / telecom outdoor network/ BTS maintenance/ AMC & Operation of E/A sets/ AMC & Operation of DG sets/ AMC & Operation of AC Units/ AMC & Operation of Electro Mechanical Services/ Maintenance of SMPS PP of any Telecom Service Providers (holding service license) OR BSNL franchisee” having work experience of 30% of estimated cost of tender in any two financial years each out of three financial years i.e. 2017- 18, 2018-19 & 2019-20 . 7/81 Digitally Signed by Bidder
GMTD-BR/PLG/Semi-Urban/Outsourcing/O&M/BTS/TE/Copper NW/2020-21/BDU/ OR 10.2.2 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.)
10.3 Financial Qualification
10.3.1 The Bidder must have minimum annual turnover of 30% of estimated cost put to tender in any two financial years each out of three financial years i.e. 2017-18, 2018-19 & 2019-20. OR The financial turnover for BSNL franchisee for Semi-urban/Rural clusters is to be kept Rs. 50 lacs in any two financial years collectively out of three financial years i.e. 2017-18, 2018-19 & 2019-20.
Note: - Bidders will be required to support claims of their financial qualification through their audited financial statements duly certified by their CA.
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.
10.4 Bid document :- (a) Online Submission- Upload the same downloaded Bid document (BD) online by using Digital Signature and (b) Offline submission:- Copy of original Bid Document in original, duly filled in and signed by renderer or his authorized representative along with seal on each page. All corrections and overwriting must be initialed with date by the renderer or his authorized representative. Document containing all pages Digitally signed by using Digital Signature Certificate (DSC ) of Bidder.
Note1:- If any of the document is not applicable for the bidder then the bidder has to upload scanned copy of a paper mentioning “ The document asked vide clause no………………of Bid document is not applicable on us”.
Note 2:- The validity of bid will be 150 days from the date of opening of technical bid.
Note 3 : (i) Any document if found fake/forged Bid will be rejected and EMD will be forfeited.
(ii) All documents should preferably be submitted at the time of submission of bid. However, in case the bidder fails to submit mandatory documents at the time of submission of bid, his bid shall be rejected.
(iii) All documents mentioned above should be uploaded after signed with Digital Signature Certificate (DSC) by the authorized signatory of the bid offer.
8/81 Digitally Signed by Bidder
GMTD-BR/PLG/Semi-Urban/Outsourcing/O&M/BTS/TE/Copper NW/2020-21/BDU/
Note 4 : - (i) Tender fee, EMD/Bid security may be submitted through online transaction in the account no. 0043002100057219 IFSC CODE PUNB0004300 (Punjab National Bank) Bareilly in the account of Account Officer(Cash) , BSNL, O/O GMTD Bareilly with valid reference ID /UTR.
(ii) The scanned copy of online transaction ID/UTR of BID cost & EMD , power of attorney along with Board’s resolution and valid EMD/UAN/MSME/NSIC certificate (if applicable) along with scanned copy of other offline documents as specified in BID document duly stamped and signed by bidders/Authorized BID signatory may be submitted on mail id: [email protected] well before or up to cut-off date and time of BID submission as specified in bid document thereof.
(iii) This arrangement will be applicable during Lockdown period including 07(Seven) days period beyond end of lockdown pursuant to COVID19.
11. Conditional bids will not be accepted.
12. Bidders may visit at his/ her own cost at the site and inspect the Site before quoting rates.
13. BSNL shall not be bound to accept the lowest or any tender and GMTD BSNL, Bareilly reserves the right to accept or reject any or all tenders in full or in parts, without assigning any reasons. GMTD, BSNL, Bareilly also reserves the right to hold in abeyance and subsequently cancel/terminate this tender at any stage in full or in parts and the decision of the GMTD, BSNL, Bareilly in this regard will be final and binding upon the bidders.
Kindly visit us at www.eprocure.gov.in OR upw.bsnl.co.in/Bareilly for tender form and other terms and conditions
AGM(Plg) O/o GMTD, Bareilly Phone 0581-2510700 Fax. 0581-2474444
9/81 Digitally Signed by Bidder
GMTD-BR/PLG/Semi-Urban/Outsourcing/O&M/BTS/TE/Copper NW/2020-21/BDU/ SECTION II INSTRUCTION TO BIDDERS INTRODUCTION:- 1. DEFINITIONS:-
1.1 ”BSNL" means Bharat Sanchar Nigam Limited (A Govt. of India Enterprise). 1.2 “DOT” means the Department of Telecommunications, Government of India. 1.3 “SSA” means Secondary switching area of UP West Circle. 1.4 “Cluster” Means geographical area of SSA . 1.5 “UG” means Under Ground Cable 1.6 “ Bidder” means Firm/ Agency who participates in this tender and submits its bid. 1.7 “Section” means the UG cable route between any designated locations. 1.8 “CMD” means Chairman and Managing Director 1.9 “CGMT” means Chief General Manager Telecom 1.10 “PGMTD” means Principal General Manager Telecom District 1.11 “TDM” means Telecom District Manager 1.12 “TDE” means Telecom Divisional Engineer 1.13 “AGM” means Asst General Manager 1.14 “DE” means Divisional Engineer 1.15 “SDE” means Sub-Divisional Engineer 1.16 “JTO” means Junior Telecom Officer 1.17 “AO” means Accounts Officer 1.18 “BA” means Business Area 1.19 “SSA” means Secondary Switching Area. 1.20 ”LOI (Letter of Intent)” means the intention of BSNL to place the Work Order on the Contractor. 1.21 “Contract” means the agreement made between BSNL and the successful bidder for LL/BB/Leased Ckt (On copper ) Maintenance & Provisioning. 1.22 “Act” means statutes, laws, rules and regulations by Government authorities or any Regulatory agencies; 1.23 “Agreement” means this agreement between BSNL and the Contractor relating to the provision of Services by the Contractor including the LOI, Schedules(s), Work Order(s), Annexure(s), tender terms and conditions, vide tender No…………….. and any other documents explicitly incorporated in Agreement. 1.24 “Charges” mean the monthly charges payable by BSNL to the contractor. 1.25 “Contract Price” shall mean the unit price of various activities to be undertaken by the Contractor and to be payable by BSNL on completion of the activity / service. The contract price is exclusive of GST but inclusive of all other taxes. However, statutory liabilities of ESI, EPF contribution and all other statutory taxes and levies applicable and payable by the Contractor shall not be a part of the Contract Price and BSNL shall not be responsible in any way whatsoever to pay for the same. 1.26 “Contractor” means any person or entity that provides service(s) in accordance withthe terms and conditions of the Agreement. 1.27 “Effective Date” means the date of entering into the Agreement. 1.28 “Force Majeure Events” or “Force Majeure” means fire, flood, earth quake, elements of nature or acts of God, epidemic, acts of war, terrorism, riots, civil disorder, rebellions, revolutions, strikes, lockouts, change of law or any other similar cause beyond the reasonable control of such party. 1.29 “MTTR” means mean time to repair Faults. 1.30 “Maintenance Engineer” means the Senior Sub-Divisional Engineer / Sub-Divisional Engineer / Junior Telecom Officer / any other authorized personnel of BSNL /Divisional Engineer of BSNL heading the Transmission Division; 1.31 “UG Cable route” means the Under Ground cable route of BSNL; 1.32 “Party” or “Parties” mean the party or parties in the Agreement; 1.33 “Rates” mean the agreed rates for various components of the services provided by the Contractor under the agreement; 1.34 “Route” means any section of the UG Cable route of BSNL; 1.35 “Services” means operations, preventive and corrective maintenance, protection of BSNL materials and equipment and any other services provided by the contractor under the agreement in respect of the UG route 1.36 “Term” means two years effective from the date of agreement; 1.37 “Stretch or section means, the UG Cable route between any given locations. 1.38 “Work Order(s)” means the relevant work order issued by BSNL to the contractor as per the terms of the agreement 10/81 Digitally Signed by Bidder
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2. ELIGIBILITY OF BIDDERS:- The invitation of bids is open to all experienced contractors as per their eligibility mentioned in as per clause 8 (Document Establishing Bidder's Eligibility & Qualification) of this section, of this tender document.
3. BID DOCUMENTS(BD):- 3.1 The Bidding procedures and contract terms & conditions are prescribed in the Bid Document. The contents of the Bid documents are specified as per BD thereof.
3.2 The Bidder is expected to examine all instructions, forms, terms and specifications in the Bid Documents and clarifications/ amendments/ addenda, if any. Failure to furnish all information required as per the Bid Documents or submission of the bids not substantially responsive to the Bid Documents in every respect will be at the bidder's risk and may result in rejection of the bid.
4. CLARIFICATION OF BID DOCUMENTS: 4.1 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 should be in writing. However, no post bid clarification at the initiative of bidder shall be considered. 4.2 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 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. 4.3 The format in which the clarifications are to be sent via mail ([email protected] in MS Excel sheet only). Sl. No. Section Clause Brief Description of ClauseRef Page no in bid Comments of Bidder
5. AMENDMENT OF BID DOCUMENTS:
5.1 At any time, prior to the date for submission of bids, the GMTD BSNL Bareilly may, for any reason whether suo motto or in response to a clarification requested by a prospective Bidder, modify the bid documents by amendments.
5.2 The amendments shall be notified in writing or by FAX to all prospective bidders on the address intimated at the time of submission of bid document from the GMTD BSNL Bareilly and these amendments will be binding on them. The amendments will also be available on the web site www.eprocure.gov.in & www.upw.bsnl.co.in. The bidders are therefore requested to verify the website or be in contact with the Planning Section of this office, as stated in the BD thereof.
5.3 In order to afford prospective bidders reasonable time to take the amendments into account in preparing their bids, the BSNL may, at its discretion, extend the deadline for the submission/opening of bids suitably.
6. DOCUMENTS COMPRISING THE BID The bid prepared by the bidder shall ensure availability of the following components: (a) Documentary evidence establishing that the bidder is eligible to bid and is qualified to perform the contract, if its bid is accepted in accordance with the clause 2 & 8. (b) Bid Security furnished in accordance with clause 9. (c) Bid Document Cost (as per Section I clause 1d ) (d) Price Schedule/BOQ completed in accordance with clause 10 of this Section. (e) Undertaking\Forms as per Section I Clause 7.
7. BID FORM The bidder shall complete the Technical bid form and tenderer profile(Section VII A & VII B)and upload it online and submit online Price Schedule/BOQ as per Clause 10 of this Section.
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8. DOCUMENTS ESTABLISHING BIDDER’S ELIGIBILITY AND QUALIFICATIONS: As per SECTION I Clause 10.
9. BID SECURITY(EMD):- 9.1 Bid Security / EMD :- The EMD Rs. 1,94,174/- may be paid in the form of Demand Draft/Bankers Cheque issued by any National/Schedule Bank in favour of AO(Cash), BSNL, Bareilly Payable at Bareilly. The EMD may also be paid in the form of BG issued by any National/Schedule Bank in favour of AO(Cash), BSNL, Bareilly Payable at Bareilly in prescribed performa at SECTION VIII. The validity of BG should be 180 days from date of opening of tender. In case of EMD paid in cash as per above details, the payment receipt issued by AO(Cash) may be submitted. 9.2 The NSIC/MSE bidders are exempted from payment of bid security- (as per this section Clause 32) (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 NSIC/MSME should be valid on the date of opening of tender. (c) NSIC/MSE unit is required to submit its monthly delivery schedule. (d) If a bidder 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. 9.3 The bid security is required to protect the BSNL against the risk of bidders conduct, which would warrant the security’s forfeiture. 9.4 A bid not secured in accordance with Para 9.1 & Para 9.2 & Para 9.3 shall be rejected by the Department as non responsive at the bid opening stage and archived unopened on e-tender portal for e-tenders. 9.5 The bid security of the unsuccessful bidder will be refunded as promptly as possible but not later than 30 days after the expiry of the period of bid validity prescribed by the BSNL. 9.6 Bid security of successful bidder will be either refunded as per option or will be adjusted into Performance Security. 9.7 The Bid security shall be forfeited:- 9.7.1 If a bidder withdraws his bid during the period of bid Validity specified in the bid document 9.7.2 If the bidder makes any modifications in the terms & Conditions of the tender before acceptance of the tender, which are not acceptable to the department. 9.7.3 In case bidder submit any false Experience certificate relating to experience or any other false document. 9.7.4 In case of a successful bidder, if the bidder fails: i) To sign contract in accordance with clause 27 ii) To furnish performance security in accordance with clause 5 of Section IV
10. PRICES SCHEDULE/BOQ:- Utmost care may kindly be taken to upload price schedule / BOQ. Any change in the format of price Schedule / BOQ file shall render it unfit for bidding. Following steps may be followed:
10.1 The Scheduled of rate (SOR) for each item of tender work has been given in Section-XVI. Prices shall be quoted by the bidder as percentage below/above/at par in Bill of Quantity(BOQ)(Financial Bid) (Section XVII) for all items of works. 10.2 Only the prescribed on-line Price Schedule/ Bill of Quantity (BOQ) contained in electronic envelope, should be used for quoting of rates. Before quoting the rates tenderer /bidder should get the knowledge of nature, scope & specifications of the work to be carried out, approximate estimated cost, agreement period (i.e. validity of contract with extension if any), etc. Prices quoted at any other place shall not be considered .The rates quoted will be applicable for respective items of works. 10.3The Scope of work requirement of tender work has been given in Section-VI & SOR at XVI. The Prices shall be quoted by the bidder should include all the type of Taxes, applicable packing, forwarding, freight etc. excluding GST(as applicable) which will be paid by BSNL on submission with concerned bill as applicable from time to time. 10.4 The bidder shall quote price for all types of Items given in the Price Schedule/BOQ(Section –XVII). 10.5 The price quoted by the Tenderer shall remain fixed during the entire period of validity (including extension if any) of the contract and shall not be subject to variation on any account and thus Contractor/Tenderer/Bidder shall take into consideration all the aspects before quoting the rates. A tender submitted with an adjustable price quotation will be treated as non-responsive and be rejected summarily.
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10.6 “Discount” or extra charges if any mentioned by the bidders shall not be considered unless these are specifically indicated in the price schedule. 10.7Any rate which is quoted ambiguously will be interpreted as the disadvantage to the bidder for evaluation process 10.8All alterations, erasures or overwriting in the BD should be duly authenticated to by the tenderer’s signature (Digital Signature) or otherwise. 10.9Bids will be evaluated on the basis of lowest aggregate total cost (as per the quoted rates)as stated in the BD thereof.
11. PERIOD OF VALIDITY OF BIDS:- 11.1 Tender quotations/Bids will be valid for a period of 150 days from the date of opening of tender, i.e., opening of the Technical qualifying bids. The tenders/Bids will be evaluated and finalized during the above validity period. 11.2 A Bid valid for a shorter period shall be rejected as Non-responsive. Further, the bidder who has participated in the tender cannot withdraw his bid during the validity period of the tender bids (150 days) and can not ask for refund of EMD. 11.3 Whenever it becomes necessary for any reasons on the part of BSNL or due to some unforeseen circumstances, extension of validity of tender bids/quotations can be requested by the GMTD ,Bareilly. Such extension in validity period of bids will be only on mutual consent between the eligible and willing bidders and the BSNL. However, the bidders will not be allowed to make/incorporate any changes, alterations, modifications in their bids, during the extended bid validity period. 11.4 If any bidder is not willing to extend the period of validity of his bid beyond 150 days, he can withdraw his bid and ask for refund of EMD/Bid Security.
12. FORMAT AND SIGNING OF BID 12.1 The bidder shall submit his bid online, complying all eligibility conditions, other terms and conditions of tender document to be read along with the clarifications and amendments issued in this respect. All the documents must be authenticated; using Digital Signature (DSC) , by the authorized person.The letter of authorization shall be indicated by written power-of-attorney accompanying the bid. (Clause 12.4 of this Section) 12.2 The bid shall contain no interlineations, erasures or overwriting except as necessary to correct errors made by the bidder in which case such corrections shall be signed by the person or persons signing the bid.Tender/ Bid document (BD) should be signed with Digitally Signature by the sole proprietor or the authorized signatory. 12.3 The bidder shall furnish a declaration under his digital signature that no addition / deletion / corrections have been made in the downloaded tender document being submitted and it is identical to the tender document appearing on CPP Portal of Government of India.(Format at SECTION XII Part B)
12.4 Power of Attorney ( Format at XV) (a) The power of Attorney should be submitted and executed on the non-judicial stamp paper of appropriate value as prevailing in the concerned states(s) and the same be attested by a Notary public or registered before Sub- registrar of the state(s) concerned. (b) The power of Attorney be executed by a person who has been authorized by the Board of Directors of the bidder in this regard, on behalf of the Company/ institution/ Body corporate. (c) In case of the bidder being a firm, the said Power of Attorney should be executed by all the partner(s) in favour of the said Attorney. (d) Attestation of the specimen signatures of such authorized signatory of the bid 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. 13. Procurement of Bid document. 13.1 The Price of Tender form / Bid document Rs 1180/-( Including GST @ 18% ) in the event of downloading from website may be paid in cash to AO(Cash), BSNL, Bareilly or in the form of Demand Draft/Bankers Cheque issued by any National/Schedule Bank in favour of AO(Cash), BSNL, Bareilly Payable at Bareilly . In case of tender form price paid in cash as per above details, the payment receipt issued by AO(Cash) may be submitted. The cost of Bid Document is nonrefundable. 13.2 Bid Document can be obtained by downloading it from the e-Tender link of website www.eprocure.gov.in. The bidders downloading the tender document are required to submit the tender fee amount along with their tender bid failing which the tender bid shall be left summarily rejected. The tender document shall be available for downloading up to date/Time as specified in the Section-I of NIT. In this case tenders invited through e-tendering process, 13/81 Digitally Signed by Bidder
GMTD-BR/PLG/Semi-Urban/Outsourcing/O&M/BTS/TE/Copper NW/2020-21/BDU/ physical copy of the tender document would not be available for sale. Bid Document not accompanied by the tender fee/cost and bid security as required above shall be summarily rejected. Submission of Bids only through online process is mandatory for this Tender. The cost of tender form and EMD shall be enclosed in the envelope marked as off-line Pre-Qualification Bid. 13.3 This office will not send tender forms by courier or post to any bidder. 13.4 Bid Document is non-transferable. The Bid down-loaded from the web-site(www.eprocure.gov.in) with submission of proper cost of tender document and EMD as stated in the BD thereof will only be entertained. Bids submitted by the tenderer(s)/contractor(s)/bidder(s) in their own proforma are liable to be rejected without any further notice. 13.5 The bidder shall bear all costs associated with the preparation and submission of the bid. The BSNL will, in no case, be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process.
14. PROCEDURE FOR SUBMISSION OF BIDS:- 14.1 The intending Contractor/Tenderer/Bidder is requested to read the tender document (BD) thoroughly before submission of the BD. 14.2 Bid Document (BD) containing all pages should be Digitally signed by the sole proprietor or the authorized signatory then upload it on e-tender portal. Failure of Digitally Signed of BD as stated above will result in summarily rejection of the Tender and the decision of the Authority in this regard shall be final and binding upon the tenderer(s)/bidder(s)/Contractor(s). Digitally Signed of BD by the bidder will mean that the bidder has carefully read out/gone through and understood all terms & conditions, formats, scope & specifications, general information, instructions etc. and the same is expressly agreeable/acceptable the Bidder. The intending bidders shall ensure to enclose all essential documents as per the BD thereof. Further the intending bidders shall not enclose any additional documents which have not been asked for. All copies/photocopies enclosed to the tender/bid should be duly attested by as stated in the BD thereof. Failure to do so will result in summarily rejection of the Tender. 14.3 The bids may be called under Single Stage Bidding & Two Envelope System. 14.4 The Bidders shall submit his/her bid online in two electronic envelopes: - (a) The first electronic envelope will be named as Techno-Commercial bid (same for each zone). This envelope will contain all documents of bidder’s satisfying the eligibility / Technical & commercial conditions as per SECTION I clause 10.
(b) The second electronic envelope will be named as Financial Bid Containing Price Schedule/Bill of Quantity (BOQ) as XVII. [For more detail refer clause 6 of Section III]
14.5 The Bidders shall also submit following offline documents marked "PRE-QUALIFICATION BID” in a envelope, the Original Demand draft for cost of bid document (as specified in Section-I Clause 1d), Original Bid Security as per (as specified in Section-I Clause 1e and Clause 9 of this section) and all eligibility document as per SECTION I clause 10. The summarized table as under:- Envelope Envelope to be marked as Contents of envelope No. (01) (02) (03) Off-Line Off-Line Pre-Qualification Bid The required documents are as follows: The Original Envelope marked "PRE-QUALIFICATION BID" cost of bid document (as specified in Section-I Clause 1d), Original Bid Security as per (as specified in Section-I Clause 1d and Clause 9 of this section) and all eligibility document as per SECTION I clause 10.
On-Line On-Line First Envelope of Qualifying Documents of bidder’s satisfying the eligibility / First Bid/Technical Bid/ Techno Commercial Technical & commercial conditions as per SECTION I Envelope Bid. clause 10. On-Line On-Line Second Envelope of Financial Bid containing Price Schedule/Bill of Quantity Second Financial Bid (BOQ) as Section XVII . Envelope
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14.6 The Digital Price Schedule/BOQ (Financial bid) (Section XVII) on which the rates to be quoted, where utmost care should be taken by the bidders that the quoted rates are not disclosed anywhere in the Technical Bid and/or Pre-qualification Bid. Any intentional or unintentional attempt to do so will render the Tender/Bid to be summarily rejected and also forfeiture of Bid Security (EMD).
14.7 The Off-line envelope (Off line Pre-qualification Bid) as stated above shall be addressed to:
Assistant General Manager (Plg), O/O GMTD ,CTO COMPOUND,CANTT.BAREILLY-243001
14.8 The envelope shall bear the Tender Number, Name of tender, and the words “DO NOT OPEN BEFORE ’ due date ______& Time ______Hrs.”
14.9 The envelope shall indicate the name and complete postal address of the bidder to enable the BSNL Bareilly to return the envelope unopened in case it is declared "LATE".
14.10 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 address mentioned (in clause 14.7 above).
14.11 The envelope should be deposited in the tender box available at the chamber of The Asstt.General Manager (Planning ) Office of GMTD ,CTO Compound, Cantt Bareilly-243001 ,in person on the above mentioned address (in clause 14.7 above). The responsibility for ensuring that envelope are delivered in time shall rest with the bidder. The BSNL Bareilly shall not be responsible if the bids are delivered elsewhere.
14.12 If the offline envelope is not sealed and marked as required in (clause 14.5 & 14.7 of this section ) the bid shall be rejected.
14.13 If offline documents are not delivered up to date & time of submission of bid as specified in Clause 14.5 of this section, the bid shall be rejected
14.14 Before up-loading online the envelopes the bidder should carefully check: (a) Whether he has Digitally Signed the Bid Document containing all pages. (b) Whether all required documents, as per the BD thereof, are enclosed. (c) Whether the Price Schedule/BOQ(s) (Financial Bid(s)) is filled-in properly. (d) Whether all papers are up-loaded in the proper envelope. (e) Whether DD for the requisite amount towards BD Cost and EMD has been enclosed / submitted. (f) Whether all the term & conditions are compiled as stated in the BD thereof
14.15 The last date of submission of Tender is as specified in the Section-I of NIT. 14.16 The bidders are, however, requested to keep one copy of duly filled in tender/bid document (BD) with them and retain the same till finalization of tender and also till the expiry of this contract and settlement of all liabilities arising out of this contract for all future references and/or settlement of disputes if any. 14.17 In case the bidder(s)/Contractor(s)/tenderer(s) or any of his/their person/agent and/or authorized person/agent, attempting/creating any type of hindrance/obstruction directly/indirectly or doing/performing any type of attempt(s)/activities, etc. while putting bid(s)/tender document(s) in the tender box if any and if applicable and/or while uploading, etc. and/or while submitting/handing-over and/or committing such things at the time of finalization of the same and/or directly or indirectly attempting/creating any type of hindrance/obstruction and/or during continuance of the said tendering process of any tender(s)/bid(s)/contract(s), the same will be treated as a serious offence and without prejudice to any other legal action as the case may be; action such as forfeiture of EMD/security deposit, etc. and other suitable action will be taken against those bidder(s)/contractor(s)/tenderer(s). In addition to other legal recourses as stated above;the bidder(s)/contractor(s)/tenderer(s) is/are liable to be black-listed and he/they could not participate in future tender(s)/bid(s) and the decision of Authority in this regard shall be final and binding upon the bidder(s)/contractor(s)/tenderer(s). 14.18 Venue of Tender Opening: Tender will be opened in the chamber of AGM(PLG) O/o GMTD, CTO COMPOUND ,CANTT.BAREILLY-243001 .If due to administrative reason, the venue of Bid opening is changed, it will be displayed prominently in the office of AGM(PLG) O/o GMTD,CTO COMPOUND ,CANTT.BAREILLY-243001. In this case the tender is invited through e-tendering process; hence the tender shall be opened through ‘Online e- procurement module of NIC Government of India’. 15/81 Digitally Signed by Bidder
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15. SUBMISSION OF BIDS : 15.1 Bids must be submitted online on e-tender portal www.eprocure.gov.in and offline (Bid document Cost, EMD, POA & documents specified in Clause 14.5 of this Section) by the bidders at the address specified under clause 14.7 above not later than given date & time of submission as specified in NIT Section I. 15.2 The BSNL Bareilly may, at its discretion, extend this deadline for the submission of bids by amending the Bid Documents in accordance with clause 5 of this section in which case all rights and obligations of the BSNL Bareilly and bidders previously subject to the deadline will thereafter be subjected to the extended deadline. 15.3 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.
16. LATE BIDS:- Tenders/bids NOT up-loaded/processed after specified dead-line for submission will not be entertained. It is the sole responsibility of the tenderer/bidder that he/she/they should ensure timely submission of tender. Bids will not be accepted after the specified closing time either for e-tender or submission of other documents after date and time for submission of the Bid and the same shall be rejected. It is the sole responsibility of the Bidder that he should ensure timely submission of Bid. BSNL is not responsible for any internet connectivity/late courier/postal issues for late submissions. 17. MODIFICATION AND WITHDRAWAL OF TENDERs/BIDs: 17.1 Withdrawal of Bid: The bidder may withdraw his BID after submission and before opening as stated in the BD thereof. 17.2 Modification in Bid: The bidder may modify his BID after submission and before opening as stated in the BD thereof 17.3 No Tender/Bid shall be modified subsequent to the deadline for submission of bids.
18. BID OPENING & EVALUATION:-OPENING OF BIDS BY THE DEPARTMENT:- 18.1 The tender(s) will be opened as per schedule in Section I (NIT )in presence of such tenderers/bidders or their authorized representatives who wish to be present at that time as per the guidelines prevailing for e-tendering as the case may be. The contractor/bidder/tenderer or his authorized representative attending bid opening process late, in that case, it will be the sole discretion of the Authority to deny and/or allow the entry but in this case the same will be recorded in the register and he will not be allowed to interfere in the past proceedings as the case may be and the decision of the Authority in this regard shall be final and binding upon the contractor/bidder/tenderer. 18.2 The bidders or their authorized representatives, who be present, shall sign in the attendance register and also in the Tender Register in which the details of tender opening proceedings are noted. The authorized representatives shall submit authority letter to this effect before they are allowed to participate in the bid opening (format is given in Section -IX). 18.3 A maximum of two representative for any bidder shall be authorized and permitted to attend the bid opening. No person will represent more than one bidder for opening of tender. 18.4 The bid opening committee (TOC) shall execute the process of e-tender opening as stated in the BD there of and as per the guide-lines of BSNL as the case may be. 18.5 The envelopes containing the tender offer and not properly up-loaded/submitted, as specified in the BD thereof shall not be opened and shall be rejected outright. 18.6 First the off-line envelope of Pre-Qualification Bid will be opened. The bid opening committee shall initial on the same with date. 18.7 As stated above the off-line envelope marked as "PRE-QUALIFICATION BID" shall be opened first and be examined/scrutinized. 18.8 The bidders who have submitted proper Bid Document Cost, Bid Security(EMD), etc. as per tender document (BD), their on-line "Qualifying (Technical) Bid" shall be opened after observing formalities as the case may be and papers/documents submitted by the bidder shall be examined and recorded by TOC (Tender Opening Committee). After opening the qualifying bid, all the documents contained therein (off-line plus on-line) shall be verified/examined/scrutinized by the tender/bid opening/evaluating committee members as the case may be.The Documents submitted offline should be same as those submitted online. However, in case of any discrepancy between online and offline documents, only online documents shall be considered by TEC for Technical Evaluation. 18.9 After recording and verifying/examining/scrutinizing of the "Pre-Qualification Bid" and "Qualifying Bid" the TOC (Tender Opening/Evaluating Committee as the case may be), the Financials bids submitted by the bidder will be executed further as per the process of e-tender opening as stated in the BD there of and as per the guide-lines of BSNL as the case may be. 16/81 Digitally Signed by Bidder
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18.10 The electronic envelope of "Financial Bid," will be opened only for qualified tenderer(s)/bidder(s) who be qualified in off-line "Pre-Qualification Bid" and on-line "Qualifying (Technical) Bid" thereof as the case may be. 18.11 The date and time of opening of digital "Financial bid" shall be conveyed to all the bidders who have qualified in off-line "Pre-Qualification Bid" and on-line "Qualifying (Technical) Bid" and their representative shall be allowed to attend the digital financial bid opening or otherwise. 18.12 After opening the digital "Financial Bid" the bidder's name, bid prices, modifications, bid withdrawals and such other details as the BSNL at its discretion, may consider appropriate; will be announced at the opening the same and the decision of the authority in this regard shall be final and binding up on the tenderer(s)/bidder(s)/contractor(s). 18.13 Bidders or their representatives should not interfere in the tender opening process/tendering process or should not make any arguments, complaints and chaos in the meeting held for tender opening process. During the entire process of tender opening/tendering process, the bidders or their authorized representative shall not use telephone/mobile phone/camera in the meeting. If any bidder or his representative is found making undue arguments/complaints or disturbing the tender opening process in any way, he/they will be asked to leave the office/venue and decision of the TOC/Authority in this regard shall be final and binding up on the tenderer(s)/bidder(s)/contractor(s). Moreover without prejudice to the terms & conditions of the BD; suitable action as deemed fit against the bidder will be taken viz. rejection of tender bid and forfeiture of EMD and the decision of the Authority in this regard shall be final and binding up on the tenderer(s)/bidder(s)/contractor(s). 18.14 The date fixed for opening of bids, if subsequently declared as holiday by the BSNL, the revised date of schedule will be notified. However, in absence of such notification, the bids will be opened on next working day, time and venue remaining unaltered. 18.15 Postponement of Tender opening: Whenever it is considered necessary to postpone the opening date of tenders, quick action will be taken and be communicated to the tenderer(s)/bidder(s) who has downloaded the tender documents or otherwise, if possible at least one day before the original date of opening and the same shall also be up-loaded to the web-site and will be put-up on the notice board. If the date of opening of bids is declared as holiday; the bids will be opened on the next working date at the same time and venue.
19. CLARIFICATION ON TENDERs/BIDS CAN BE ASKED BY BSNL 19.1 To assist in the examination, evaluation and comparison of bids, the BSNL may, at its discretion ask the bidder for the clarification of its bid. The request for the clarification and the response shall be in writing. However, no post bid clarification at the initiative of the bidder shall be entertained. 19.2 If any of the documents, required to be submitted along with the technical bid is found wanting, the offer is liable to be rejected at that stage. However the BSNL at its discretion may call for any clarification regarding the bid document within a stipulated time period. In case of non compliance to such queries, the bid will be out rightly rejected without entertaining further correspondence in this regard.
20. PRELIMINARY EVALUATION 20.1 Preliminarily BSNL shall examine all received/opened tenders to determine whether they are complete, whether requisite amount towards cost of Tender form and EMD has been paid whether the essential documents are enclosed, whether the documents have been properly signed and whether the bids are generally in order as stated in BD thereof. 20.2 BSNL may waive any minor infirmity or non-conformity or irregularities in a bid, which does not constitute a material deviation, provided such waiver, does not prejudice or affect relative ranking of the bidders. 20.3 Arithmetical errors shall be rectified on the following basis. If there is a discrepancy between the unit price and total price that is obtained by multiplying the unit price and quantity, the unit price shall prevail and the total price shall be corrected by the GMTD Bareilly. If there is a discrepancy between words and figures, the amount in words shall prevail. If the Contractor does not accept the correction of the errors, his bid shall be rejected and bid security forfeited. 20.4 Prior to the detailed evaluations, the GMTD Bareilly will determine the substantial responsiveness of each bid to the Bid documents. For purpose of these clauses, a substantially responsive bid is one which conforms, to all the terms and conditions of the Bid documents without material deviations. The GMTD Bareilly determination of bid’s responsiveness is to be based on the bid itself without recourse to extrinsic evidence.
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20.5 Even though a tenderer/bidder satisfies all specified requirements and technically qualify in the tender, his bid can be rejected if he has (a) made misleading or false representation or deliberately suppressed the information in the forms, statements and enclosures required in the Pre-Qualifying Bid as stated above; (b) a record of poor performance such as abandoning of work, not properly completing the contract or financial failure/weakness, etc.
20.6 Generally Financial Bids will be evaluated for finalization of the same on the basis of lowest quoted rates.
20.7 GMTD , BSNL, Bareilly is, however, not bound to accept the lowest quoted rate(s) Reasonableness of the lowest quoted rate will also be examined and verified. GMTD BSNL Bareilly reserves the right to counter offer more reasonable rates against the rate quoted by the bidder if it is found necessary.
20.8 If it is observed at any stage of the tendering process of tender/bid that cartel has been formed by some/all participating bidders, the entire evaluation process will be kept in abeyance. GMTD BSNL Bareilly reserves right to cancel this tender and call for fresh tenders if it is found that cartel has been formed in this tender.
21. EVALUATION AND COMPARISON OF SUBSTANTIALLY RESPONSIVE BIDS 21.1 The BSNL shall evaluate in detail and compare the bids previously determined to be substantially responsive pursuant to clause 20. 21.2 Financial Bids shall be evaluated to determine whether they are complete, whether any computational errors have been made whether documents have been properly signed and whether bids are generally in order. 21.3 If there is a discrepancy between words and figures the amount in words shall prevail. Prior to detailed evaluation, BSNL will determine the substantial responsiveness of each bid to the bid document. A substantially responsive bid is one, which conforms to all the terms and conditions of bid documents without material deviation. A bid determined as substantially non-responsive will be rejected by BSNL. 21.4 The evaluation and comparison of responsive bids shall be on the percentage deviation (above/below/at par) offered and indicated in schedule of rates of the bid documents. 21.5 The evaluation & comparison of responsive bids shall be done on the price of the goods & services offered inclusive of levies & taxes i.e. Education Cess, Excise Duty, Packing, Forwarding, Freight & Insurance, civil & electrical installation, supply etc except GST component. The rate to be quoted in the Price Schedule/BOQ Section XVII of bid document
22. CONTACTING THE BSNL 22.1 Subject to Clause 19, no bidder shall try to influence the BSNL on any matter relating to its bid, from the time of the bid opening till the time the contract is awarded. 22.2 Any effort by a bidder to modify its bid or influence the BSNL in the BSNL’s bid evaluation, bid comparison or contract award decision shall result in the rejection of the bid.
23. BSNL'S RIGHT TO VARY QUANTITIES: 23.1 The PGMTD, Bareilly SSA reserves the right to offer the contract to any other tenderer or any other agency in case of unsatisfactory work. The contractor should carry out the work to the satisfaction of BSNL officer in charge and in the event of his failure the contract work will be got done from some other agency at the cost of the contractor and payment will be settled on prorate Basis. 23.2 The decision of PGMTD, Bareilly on any matter connected to this tender is final binding. 23.3 Tender’s estimated quantity and estimated cost can be varied by +/- 25%. 23.4 BSNL also reserves the right for placement of additional order or up to 50% of the additional quantities and cost contained in the running tender/ contract within a tender period from the date of acceptance of first APO in the tender at the same rate and same terms & conditions.
24. BSNL’S RIGHT TO ACCEPT ANY BID AND TO REJ ECT ANY OR ALL BIDS The 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 with 15 days notice, without assigning any reason whatsoever and without thereby incurring any liability to the affected bidder or bidders on the grounds of purchaser’s action.
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25. ISSUE OF LETTER OF INTENT (LOI) 25.1. The BSNL shall consider placement of LoI to eligible L1 bidder(s) & eligible MSEs as applicable. 25.2 After approval of the competent authority, Letter of Intent (LoI) shall be issued to all the successful bidders as per the Distribution of Quantities mentioned in the Clause 26 of this section . 25.3 The issue of Letter of Intent (LoI) shall constitute the intention of the BSNL to enter into contract with the bidder. 25.4The bidder shall within 14 days of issue of the Letter of Intent (LoI), give its acceptance along with performance security in conformity with the proforma provided with the bid document at Section-VIII. The contract will be valid for a period of one year from the date of acceptance of first LoI along with the submission of required performance security. 25.5 BSNL also reserves the right to extend the contract period for further period of maximum one year on mutual consent . The L-1 eligible bidder(s) & Eligible MSEs has to extend the validity of Performance Security accordingly.
26.1 The BSNL shall consider award of contract for only on those eligible bidders whose offers have been found technically, commercially and financially acceptable. The BSNL reserves the right to counter offer price(s) against price(s) quoted by any bidder. 26.2 The ordering price of any bidder shall not exceed the lowest evaluated price. 26.3 In case ,if there are two or more L1-eligible bidders, the total quantum of work will be equally divided among the nos of L1 bidders. 26.4 Bid security of successful L1 bidder will be either refunded as per option or will be adjusted in to Performance Security as per bid document thereof. 26.5The bidder can participate for any number of clusters but the contract to one bidder shall not exceed 70% of total working lines of SSA to ensure minimum two bidders in the SSA. The choice of clusters will rest with successful bidder. However to ensure two bidders in SSA the final award of clusters will be rest with tendering authority. 26.6. The Distribution of works shall be as given in Table1(A) &1(B) below:- Table1(A) (Without provisions for MSE Units) No.of Bidders to be Quantity allotted to the respective bidder at the L-1 prices (Col.2) approved (Col.1) L1 L2 L3 L4 L5 and so on One bidder 100% Nil Nil Nil Nil Table1(B) (With provisions for MSE Units)
No.of Bidders to be Quantity allotted to the respective bidder at the L-1 prices Qty. earmarked for MSE approved (Col.2) bidder(s) at the L-1 prices. (Col.3) (Col.1) L1 L2 L3 L4 L5 and so on One bidder 75% Nil Nil Nil Nil 25%
Note1(a): Table1(B) shall be followed if the tender has provision for reservations for MSE units. The th guidelines/instructions/laws issued vide D.O.no 21(1)-2011-M.A..April 25 ,2012 and 21(8)/2018- MA Dat ed 13. 11. 2018from Ministry of Micro, Small & Medium Enterprise(MSME) with respect to provisions for Micro & Small Enterprises(MSEs) shall be followed. Note1(b): In case of tenders like for Turnkey projects etc.where it is not feasible to award the work to more than one bidder, the provisions for MSEs shall not be made. Note2: If no eligible MSE bidders are available then aforesaid earmarked 25% quantity shall be de-reserved & the allotted quantity for other general bidders will be restored to 100% and distribution shall be as per Table -1(A) above. Note3: If L-1, L-2, L-3, etc happens to be MSE bidders then they will be given allotted quantity as per the applicable sub-column of column2 of above table. In case, there are MSE bidders whose quoted price is within+15% of L-1 price then 25% reserved quantity shall be distributed amongst such all MSE bidders. (ii) In the event of any of the eligible bidder(s) not agreeing to supply the equipment or not being considered by BSNL for ordering the equipment ,inter-se ranking of the bidders below the aforesaid bidder(s) will be recast to fill up the vacated slot(s). This will be done to ensure that the number of bidders on which order for supply of equipment to be placed remains same as specified in the tender.
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26.7 The work against the tender is for one year’s requirement and the terms and conditions of this tender shall be operative for a period of one year from the date of signing of agreement between the department and the contractor. The Tender agreement can be extended for further one year on satisfactory performance during the contract and on same rates, terms and conditions. 26.8 If two bidders quoted the same rate then reverse auction to be done to find out L1 bidder.
27. SIGNING OF AGREEMENT:- 27.1The submission of Performance security deposit and signing of agreement by his successful bidder constitute the award of contract on the bidder. 27.2If the L-1 bidder fails to execute the agreement, the GMTD Bareilly reserves the right to award the contract to L- 2 bidder on approved L-1 rates. 27.3 Upon the successful bidder furnishing the Performance Security the BSNL shall discharge its bid security in pursuant to clause 9. 27.4 The signing of agreement shall constitute the award of contract on the bidder. The issue of Work Order (WO) shall constitute the award of contract on the bidder.
28. ANNULMENT OF AWARD:- Failure of the successful bidder to comply with the requirement of clause 25 &27 shall constitute sufficient ground for the annulment of the award and forfeiture of the bid security in which event BSNL may make the award to any other bidder at the discretion of BSNL or call for new bids.The following grounds individuals or collectively will become basis of annulment of award. (i) Work not as per specification. (ii) Progress not as per work order. (iii) Non payment to workers. (iv) Not responding to communication from BSNL representative through SMS, email, and letter by post, telegrams and voice calls. (v) As per provisions in Appendix I. The decision of BSNL will be final and binding.
29. NON-RELATIONSHIP CERTIFICATE(ANNEXURE XI) 29.1 The bidder should give a certificate that none of his/ her near relative, as defined below, is working in the units where he is going to apply for the tender. In case of proprietorship firm certificate will be given by the proprietor. For partnership firm certificate will be given by all the partners and in case of limited company by all the Directors of the company excluding Government of India/ Financial institution nominees and independent non-Official part time Directors appointed by Govt. of India or the Governor of the state and full time Directors of PSUs both state and central. Due to any breach of these conditions by the company or firm or any other person the tender will be cancelled and Bid Security will be forfeited at any stage whenever it is noticed and BSNL will not pay any damage to the company or firm or the concerned person. 29.2 The Company or firm or the person will also be debarred for further participation in the concerned unit. 29.3 The near relatives for this purpose are defined as:- (a) Members of a Hindu undivided family. (b) They are husband and wife. (c) The one is related to the other in the manner as father, mother, son(s) & Son’s wife (daughter in law), Daughter(s) and daughter’s husband (son in law), brother(s) and brother’s wife, sister(s) and sister’s husband (brother in law). 29.4 The format of the certificate is given in Section XI.
30. VERIFICATION OF DOCUMENTS AND CERTIFICATES The bidder will verify the genuineness and correctness of all documents and certificates, including experience/performance certificates, issued either by the bidder or any other firm / associate before submitting them in the bid. The onus of proving genuineness of the submitted documents would rest with the bidder. As per requirement of the tender’s conditions, if any document / paper / certificate submitted by the participant bidder is found to be false / fabricated / tempered / manipulated at any stage during bid evaluation or award of contract, then the bid security (EMD) of the bidder would be forfeited and the bidder would be disqualified from the tender. Action would also be taken for banning of business dealing with the defaulting firm. In case contract has already awarded to 20/81 Digitally Signed by Bidder
GMTD-BR/PLG/Semi-Urban/Outsourcing/O&M/BTS/TE/Copper NW/2020-21/BDU/ the bidder, then PBG would be forfeited and the contract would be rescind / annulled and BSNL would be at liberty to procure the ordered goods and services from any other source at the risk and cost of the defaulting bidder. Action would also be taken for banning business dealing with the defaulting firm.
31. RESERVATION/ PROCUREMENT FROM MSE UNITS:The guidelines / instructions / laws issued vide D.O.no21(1)-2011-M.A..April25th,2012 and 21(8)/2018- MA Dated 13.11.2018 from Ministry of Micro, Small & Medium Enterprise (MSME) with respect to provisions for Micro & Small Enterprises (MSEs) shall be followed.
32. CONCESSIONS TO MSE UNITS 32.1 The guidelines, issued by Ministry of Micro, Small & Medium Enterprise (MSME), Government of India regarding concessions for Micro& Small Enterprise Units registered with District Industries Centres or Khadi & Village Industries Commission or Khadi & Village Industries Board or Coir Board or National Small Industries BSNL(NSIC) or Directorate of Handicrafts & Handloom or any other body specified by Ministry of Micro, Small & Medium Enterprise, have been considered by the BSNL (Corporate Office) and it has been decided that these units shall be allowed the following concessions. 32.2 Supply of Tender Documents The tender documents shall be issued to MSE bidders free of cost provided the tendered item is listed in the Registration Certificate of MSE. 32.3 Exemption from payment of Bid Security deposit /Earnest Money Deposit The MSE units registered with bodies as detailed in para 15.1 above shall be given exemption from payment of Bid Security deposit provided the tendered item is listed in the Registration Certificate of MSE.A proof regarding current registration with bodies as detailed in clause 32.1 above for the tendered items will have to be attached alongwith the bid.The enlistment certificate issued by bodies as detailed in para 32.1 should be current & valid on the date of opening of bid. 32.4 Reservation of Quantity 32.4.1 25 % of the Estimated Quantity /requirement in any tender shall be earmarked to be awarded to MSEs provided their quoted price is within the band of L1+15%. Out of this quantity, a sub target of 5% is earmarked to be awarded to SC/ST owned eligible MSEs and 3% is earmarked to be awarded to women owned In case of non availability of SC/ST owned MSEs& Women owned MSEs, this 5%&3%% quantity shall be offered to other MSEs. 32.4.2 The participating MSEs in a tender, quoting price within the band of L1+15% are also be allowed to award a portion of the requirement by bringing down their price to the L1 price arrived after tender evaluation. Such MSEs shall be ordered to award up to 25 % of the total tendered value. In case of more than one such eligible MSE, the supply will be shared equally. 32.4.3 In case a MSE happens to be L1, L2 etc, then it will be allotted tender quantity as envisaged in the tender (Clause 26 ) 32.4.4 Ordering of Quantity (Delivery Schedule) The Work order issued on MSE will be based upon its monthly turnover and / or the quantity stated in the questionnaire of the tender during bid submission.
33. AGREEMENT PERIOD/VALIDITY OF CONTRACT (FORMAT AT X) 33.1 Normally contract will be awarded for two years. However, extension for one year or part thereof, will be considered, keeping in view the various factors such as exigency of service, satisfactory performance of the firm with the same terms and conditions of the tender. 33.2 GMTD Bareilly reserves full right to terminate the contract even before completion of initial validity period of agreement, if the performance of the approved contractor(s) is not up to satisfactory mark, and no improvement is seen in the performance even after bringing the fact to his/their notice. Action for premature termination of the contract will be taken as per the standard procedure/policy adopted by BSNL and time to time modifications thereof 33.3 Further, the approved contractors should ensure extended PBG or fresh PBG for repeated work order as the case may be and validity of Labour License, EPF Registration, etc. during the extension period as per the discretion of BSNL and the decision of GMTD Bareilly in this regard will be final and binding upon the contractor/bidder. If any of the license/registration requires renewal, the same shall be done without fail as per the prevailing rules in force and time to time modifications thereof or otherwise.
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SECTION III
E-TENDERING INSTRUCTIONS TO BIDDERS
Note :-The instructions given below are for NIC’s e-tender portal(www.eprocure.gov.in) and fore-tenders invited by GMTD/SSA Head BSNL Bareilly.The Special Instructions (for e- tendering)supplement “Instruction to Bidders”, as enclosed in Section II of the Tender Document. Submission of Bids only through online process is mandatory for this Tender. For conducting electronic tendering, BSNL, Bareilly of UP(West) Circle has decided to use the e- Tender Portal (http://www.eprocure.gov.in) through Central Public Procurement Portal (CPPP), Government of India. 1. Tender Bidding Methodology Sealed Bid System – “Single Stage - TWO Envelope (on line) + One (off-line) Envelope of Pre-Qualification Bid containing EMD and Cost of Tender Document (BD) in the form of DD as stated in the BD from Nationalized Bank, (Section II Clause 14.5). 2. Broad outline of activities from Bidders prospective
(a) Procure a Digital Signing Certificate (DSC) (b) Register on Central Public Procurement Portal (CPPP) (c) Create Users and assign roles on CPPP (d) View Notice Inviting Tender (NIT) on CPPP (e) Download Official Copy of Tender Documents from CPPP (f) Bid-Submission on CPPP (i) 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. (ii) Utmost care may be taken to name the files/documents to be uploaded on CPPP. There should be no special character or no space in the name of file. Only underscores are allowed. The illustrative examples are given below:
File Name Allowed or not Allowed Reasons for allowed/not allowed in CPPP Experience Certificate Not allowed Space in between words/characters not allowed
Experience Certificate (1) Not allowed Special characters not allowed
Experience_Certificate Allowed Underscore allowed between Characters
Experience Certificate Allowed Upper and Lower cases allowed
(g) It is advised that all the documents to be submitted are kept scanned or converted to PDF format in a separate folder on your computer before starting on-line submission. Bill of Quantity (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 and total size of documents (Preferably below 50 MB) may be checked.
22/81 Digitally Signed by Bidder
GMTD-BR/PLG/Semi-Urban/Outsourcing/O&M/BTS/TE/Copper NW/2020-21/BDU/ (h) Attend Public Online Tender Opening Event (TOE) on CPPP: Opening of Qualifying Bid/Technical Bid/Techno- commercial Part. (i) View Post-TOE reports posted by BSNL on CPPP.
(j) Attend Public Online Tender Opening Event (TOE) on CPPP: Opening of Financial-Part (Only for Technical Responsive Bidders)
(k) View Post-TOE reports posted by BSNL on CPPP. For participating in this tender on-line, the following instructions are to be read carefully. These instructions are supplemented with more detailed guidelines on the relevant screens of the CPPP. 3. Digital Certificates For integrity of data and its authenticity/non-repudiation of electronic records, and be compliant with IT Act -2000, it is necessary for each user to have a Digital Certificate (DC) also referred to as Digital Signature Certificate (DSC) of Class-2 or above, issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer http://www.cca.gov.in]. 4. Registration To use the Central Public Procurement Portal (https://www.eprocure.gov.in). Bidder/tenderer/Vendor needs register on the portal. The vendor should visit the home-page of the portal (www.eprocure.gov.in) and go to the e-procure link then select Bidders Manual Kit. Note: Please contact NIC Helpdesk (as given below) to get your registration accepted/activated. NIC Helpdesk Telephone 1800-233-7315 E-mail ID [email protected] [Please mark CC: [email protected]] BSNL Contact – 1 BSNL’s Contact Officer Assistant General Manager (Plg), Office of the GMTD, BSNL, CTO Compound ,Cantt Bareilly - 243001 Telephone 0581-2581111 Email ID [email protected] BSNL Contact – 2 BSNL’s Contact Officer JTO (Plg.) Office of the GMTD,BSNL CTO Compound, Cantt. Bareilly-243001 Telephone 0581-2475144 Email ID [email protected] BSNL Contact – 3
5. Method for submission of bid documents In this tender the bidder has to participate in e-tender online. Some documents in (Section II Clause 14.5) are to be submitted physically offline. 5.1. Offline submission (Content of Envelop Off Line Pre Qualification Bid) The bidder/contractor/tenderer shall submit the following documents as stated in the (Section II clause 14.5) of tender document thereof, off-line in Physical form to Assistant General Manager (Plg),Office of the GMTD, BSNL,CTO Compound ,Cantt Bareilly - 243001 on or before the date and time of submission of Bid Document specified in Section-I(NIT) ,in an envelope which shall be of standard size. The said envelope should be super-scribed as“Tender Name……………………………..Tender No…………………………….…..name of Zone……………………………and the word ‘DO NOT OPEN BEFORE’ (due date & time) and shall be sealed properly by packing PVC Tape. Bids deviating from the instruction as stated above will be summarily rejected and the decision in this regard of the Authority shall be final and binding up on the tenderer/bidder/contractor.
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5.2 Online submission: 5.2.1 Contents of first Envelope i.e. Techno-Commercial Envelop: 5.2.2 If the document asked for which contains more than one page then in that case all those pages may please be up-loaded in one PDF File. As per Section II Clause 14.4(a) . 5.2.3 Contents of second envelope i.e. Financial Envelop: (i) Original Price Schedule (BOQ) duly filled in as per Section-XVII (Download BOQ sheet zone wise, duly fill-in the required details and upload).( as per Section II Clause 14.4 (b)) 6. Price schedule/BOQ Utmost care may kindly be taken to upload price schedule/BOQ. Any change in the format of price Schedule/BOQ file shall render it unfit for bidding. Following steps may be followed: (i) Download price schedule/BOQ part zone wise (ii) Fill rates in down loaded price schedule/BOQ zone wise (iii) Save filled copy of down-loaded price schedule/BOQ file in your computer and remember its name and location for uploading correct file (duly filled in) when required by using DSC for Digital signature zone wise. (iv) For further instructions, the vendor should visit the home-page of the portal www.eprocure.gov.in), and go to the Bidders Manual Kit. The compatible support software (PDF Converter, Java, etc) for on-line bid submission may be downloaded from CPP Portal. The help information provided through “CPPP User-Guidance Centre” is available in three categories – Users intending to Register/First-Time Users, Logged-in users of Buyer organizations, and Logged- in users of Supplier organizations. Various links are provided under each of the three categories. 7. Key Instructions for Bidders The following, FOUR KEY INSTRUCTIONS for BIDDERS must be assiduously adhered to: (i) Obtain individual Digital Signing Certificate (DSC or DC) well in advance of your first tender submission deadline on CPPP. (ii) Register your organization on CPPP well in advance of your first tender submission deadline on CPPP. (iii) Get your organization’s concerned executives trained on CPPP using online training module well in advance of your tender submission deadline on CPPP. (iv) Submit your bids well in advance of tender submission deadline on CPPP ((BSNL should not be responsible any problem arising out of internet connectivity issues). Note: The special instructions to contractors/Bidders for e-submission of bids online through www.eprocure.gov.in can be accessed by following link:https://eprocure.gov.in/eprocure/app?page=HelpForContractors&service=page 8. Minimum Requirements at Bidders end (i) Computer System with good configuration (Min P-IV, 1 GB RAM, Windows XP) (ii) 2.0 Mbps Broadband connectivity with UPS and Microsoft Internet Explorer 6.0 or above (iii) Digital Certificate(s) for users.
24/81 Digitally Signed by Bidder
GMTD-BR/PLG/Semi-Urban/Outsourcing/O&M/BTS/TE/Copper NW/2020-21/BDU/ SECTION-IV GENERAL (COMMERCIAL) CONDITIONS OF THE CONTRACT
1. APPLICATION:- The General conditions shall apply in contracts made by the BSNL for the Tender “Outsourcing of Maintenance and Operation of Mobile BTS Sites/Rural Exchanges and Maintenance and provisioning of Landline & Broadband for External plant of Copper Network for Cluster–I (Urban, Semi-Urban and Rural Area) in Budaun SSA under Business Area Bareilly”. 2. STANDARDS:- The works to be executed under the contract shall conform to the standards prescribed in the bid documents thereof. 3. PRICES:- 3.1 Prices charged by the Contractor for the works performed under the Contract shall not be higher from the prices quoted by the Contractor in his Bid. 3.2 Price once fixed will remain valid for the period of contract. Increase and decrease of taxes / duties will not affect the price during this period. 3.3 In case of any reduction of taxes and statutory levies (if any) during the contractual period, BSNL shall take the benefit of decrease in such taxes/ duties for the services to be availed from the date of enactment of revised duties/ taxes. 3.4 In case of increase in taxes/duties during the contractual period, BSNL shall be liable to revise the rates as per new taxes/duties for the service to be availed for the remaining period of the contract 3.5 Any increase in taxes and other statutory duties/levies after the expiry of the delivery date shall be to the supplier’s account. However the supplier shall pass on benefit of any decrease in these taxes/duties to the Purchaser.
4. SUBCONTRACTORS 4.1 The contractor shall not assign, sub contract or subject the whole or any part of the works covered by the contract, under any circumstances. 4.2 BSNL reserves the right to disqualify the contractor for a suitable period who habitually failed to provide services in time. Further, the contractor whose work does not perform satisfactory in the field in accordance with the specifications may also be disqualified for a suitable period as decided by the BSNL.
5. PERFORMANCE SECURITY & SECURITY DEPOSIT:- 5.1 (A) PERFORMANCE SECURITY : (To be collected at the time signing of contract agreement/acceptance of APO/LOI) (a) All suppliers/bidders(including MSEs who are registered with the designated MSME bodies, like National Small Scale Industries Corporation etc.) shall furnish performance security to the purchaser for an amount equal to 5% of the value of Advance Purchase Order/value mentioned in Letter of Intent within 14 days from the date of issue of Advance Purchase Order/Letter of Intent by the Purchaser. (b) 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. (c) The performance security Bond shall be in the form of Bank Guarantee issued by a scheduled Bank and in the Performa provided at SECTION VIII of Bid Document (d) 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. (e) The validity period of the performance security in the form of PBG should be as given below depending on Period of contract Period of Contract Validity of Performance Security 1 Year 2 Years & 6 Months 1 Year & 6 Months 3 Years 2 Years 3 Years & 6 Months
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5.2 Security Deposit: (a) In addition to Performance Bank Guarantee, 5% Security Deposit is to be taken from the non MSME bidder in the following way: (b) The 2% EMD already submitted with technical bid by the bidder shall be converted into Security Deposit with the written consent of bidder. In case EMD is in form of BG, the validity of BG may be got suitably extended by contractor on written request of the purchaser. (c) Remaining 3% amount towards Security Deposit shall be deducted from each running bill of the contractor. (d) If the contractor is not willing for conversion of EMD into Security Deposit, 5% amount towards Security Deposit shall be deducted from each running bill of the contractor. Note:-In case of MSME/NSIC registered bidder who have availed the benefit of exemption of price of bid document and the bid security(EMD), 5% amount towards Security Deposit shall be deducted from each running bill of the contractor. 5.3 The proceeds of the Security Deposit shall be payable to the Purchaser as compensation for any loss resulting from the supplier’s failure to complete its obligations under the contract. 5.4 The Security Deposit will be discharged by the Purchaser after completion of the contractor’s/supplier’s performance obligations including any warranty obligations under the contract. The Security Deposit will be a non interest bearing deposit,for any period whatsoever. 5.5 The Performance security will be forfeited in case of non-compliance of the tender conditions 5.6 The Security deposit of any other tender cannot be adjusted against this tender.
(B). Material Security: i. The successful Bidder will have to deposit material security as mentioned in the Scope of Work, subject to a minimum of Rs. 50,000 (for Maintenance works) , or suitably decided by BSNL as per work requirement in the form of bank guarantee (valid up to and including six months after, the period of the contract) from a Nationalized /scheduled bank and in the material security bond form provided in the bid document ANNEXURE VIII. Material Security can also be submitted in the form of Bankers Cheque/Demand Draft drawn in favor of AO(Cash), BSNL, Bareilly & payable at Bareilly, issued by a Nationalized/Scheduled Bank. The material Security will be a non interest bearing deposit, for any period what so ever. ii. The contractor at any point of time will not be issued stores costing more than material security. If due to any reason more store has to be issued to the contractor, then the material security will be suitably enhanced. In this regard the decision of the purchaser shall be final and binding. iii. Proceeds of the material security shall be payable to the BSNL as a compensation for any loss resulting from the contractor’s failure to handle properly the material issued to him under the contract. iv. The material security shall be released / refunded within a fortnight from the date of the payment of the last final bill of the work under the contract or final settlement of material account whichever is later on production of "no dues certificate" from "Engineer-in-charge/cluster incharge" of work.
6. PLACEMENT OF ORDER:- 6.1 BSNL shall consider placement of orders on those eligible bidders whose offers have been found technically, commercially and financially acceptable and whose Services have been approved / validated by the Purchaser. The Purchaser reserves the right to counter offer price(s) against price(s) quoted by any bidder. 6.2 The bidder can participate for any number of clusters but the contract to one bidder shall not exceed 70% of total working lines of SSA to ensure minimum two bidders in the SSA. The choice of clusters will rest with successful bidder. However to ensure two bidders in SSA the final award of clusters will be rest with tendering authority. 6.3 The work order shall be issued which include all items of works for the section allotted to the contractor, as per requirement of BSNL. 6.4 The work orders/handover shall be issued by the concerned AGM (Planning) / concerned Divisional Engineer/work in charge SDE/concerned cluster inchrarge after examining the technical and planning details of the works to be executed. 6.5 The BSNL reserves the right to cancel or modify the scope of work stipulated to be carried out against the work order in the event of change of plan necessitated on account of technical reasons or in the opinion of work order issuing authority or the DGM/GMTD of concerned SSA is not executing the work at the required place. 26/81 Digitally Signed by Bidder
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6.6 The BSNL reserves the right to cancel or modify the quantity of work without any change in unit prices and other terms and conditions. GMTD, Bareilly decision in this regard shall be final and binding on bidder(s). 6.7 The bidder shall submit the labour license issued by the labour commissioner immediately after entering into agreement with BSNL.
7. EXTENSION OF THE TIME LIMIT: Normally contract will be awarded for two years. However, extension for one year or part thereof, will be considered, keeping in view the various factors such as exigency of service, satisfactory performance of the firm with the same terms and conditions of the tender.
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9. DELETED 10. TECHNICAL EXAMINATION BSNL shall have the right to cause an audit and technical examination of the work .
11. PAYMENT TERMS: 11.1 The bidder should submit the invoice with supporting documents to the officer in-charge of the cluster on receipt of performa Invoice generated from BSNL IT System. The Tax Invoices are to be submitted by bidder in triplicate. 11.1.1 The officer in-charge of the cluster shall exercise the prescribed checks on bills and accord necessary certificates on the bills. The officer in-charge of the cluster shall retain the third copy in record and record it in the file maintained in his office and send first and second copies with all documents to planning section of concerned SSA under BA Bareilly. The Bill should be verified by officer in-charge of the cluster SDE/JTO/DE and counter signed by concerned DE/DGM of SSA as applicable. Also Circle Office /Corporate office instructions will be followed if any. 11.1.2 The Planning cell of concerned SSA shall process the bills in the and scrutinize the bills in the scope of contract. The bill shall be passed, after necessary scrutiny by Work Section, by the officer competent to pass the bill. Payment will be released by deducting Penalty/LD charges and all statutory taxes (as applicable).Payment will be made online (through NEFT or RTGS or IMPS ) for the amount against any bill. Details of payment of all the bills shall be entered into contract’s ledger by Work Section of the Planning Cell. 11.1.3 Necessary deductions like TDS etc will be made from bills as per prevailing rules of BSNL. No interest on any deferred/-delayed payments arising out of this contract shall be payable in any case whatsoever. 11.1.4 No interest on any deferred/-delayed payments arising out of this contract shall be payable in any case whatsoever. 11.1.5 The contractor will have to submit the proof of deposition of GST as applicable so paid for earlier bills. Only then, next bill will be processed. 11.1.6 An amount as Security deposit (SD) equal to GST component will be retained until the same appears in GSTR-2A. 11.2 The charges for provision of new Landline shall be based on the number of new landline provision during the month. Maintenance charges for the new connections shall be payable from the new calendar month after 90 days of date of installation (for connections provided in January’2020 month will be counted from 01-05-2020 for maintenance calculation). 11.3 For the purpose of invoice preparation, Number of working connections in a cluster shall be calculated taking the average of working connections on the first and last day of the month. 11.4 Two performa Invoices will be generated i.e. IV-1: Invoice Performa for Maintenance Charges and IV-2 : Invoice Performa for Provisioning Charges. 11.5 90% of the payment of the monthly invoices shall be paid on submission of Invoices by the bidder and Balance 10% after 30 days from the payment of 90% of Invoice. 11.6 Tax Invoices shall be paid through Electronic Clearance Scheme (ECS) only. The contractor should submit the mandate form for this purpose along with the Agreement while entering into the Contract. Note: - All statutory taxes and levies as applicable shall be deducted at source before payment.
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11.7 Online generated GST payment details of previous month shall be submitted with the invoice(s) for payments. Note:- 1) If the supplier 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 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 supplier. 2) Tax amount will be paid to the supplier only after supplier declares the details of the invoices in its return in GSTR 1 and GSTR-3 uploaded by the supplier 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 supplier against any loss of input tax credit to BSNL on account of supplier's default. 5) In case BSNL has to pay GST on reverse charge basis, the supplier would not charge GST on its invoices. Further, the supplier undertakes to comply with the provisions of GST law as may be applicable.
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14. PENALTY: - Refer to Clause 1.3 SECTION V
15. RESCISSION/ TERMINATION OF CONTRACT
15.1 The GMTD Bareilly may, without prejudice to any other remedy for breach of contract, by written notice of default, sent to the Contractor, terminate this Contract in whole or in part. (a) If the contractor fails to execute any or all of the work within the time period(s) specified in the Contract, or any extension/thereof granted by the GMTD Bareilly; (b) If the contractor fails to perform any other obligation(s) under the Contract. (c) If the contractor had been given by the officer incharge of work a notice in writing to rectify/ replace any defective work and he / she fails to comply with the requirement within the specified period. (d) If the contractor, in either of the above circumstance(s) does not remedy his failure within period of 15 days (or any longer period as the GMTD Bareilly may authorize in writing) after receipt of the default notice from the GMTD Bareilly. (e) In the event of the GMTD Bareilly terminates the contract in whole or in part the GMTD Bareilly may proceed, upon such terms and in such manner as it deems appropriate. (f) Notwithstanding anything contained herein, BSNL also reserves the right to terminate the contract at any time or stage during the period of contract, by giving two days notice in writing without assigning any reason and without incurring any financial liability whatsoever to the Service Provider. 15.2 Upon rescission of the contract, the security deposit of the contractor shall be liable to be forfeited and shall be absolutely at the disposal of BSNL as under: 15.2.2 The unused material (supplied by the BSNL) available at site, shall be transported back by the BSNL to the Telecom Store at the risk and cost of the contractor. If any such material is found damaged / lost then the penalty shall also be recovered from the contractor as per conditions in tender documents, ibid. 15.2.3 The certificate of the Divisional Engineer incharge of work as to the value of work done shall be final and conclusive against the contractor provided always that action shall only be taken aftergiving notice in writing to the contractor. 16. TERMINATION FOR INSOLVENCY:- 16.1 BSNL may also by giving written notice and without compensation to the Service Provider terminate the contract if the Service Provider becomes unwilling, bankrupt or otherwise insolvent without affecting its right of action or remedy as hirer. 16.2 In the event of the Contractor being adjudged insolvent or going voluntarily into liquidation or having received order or other order under Insolvency act made against him or, in the name of a Company or, the passing of any resolution, or making of any order for winding up whether voluntarily or otherwise, or in the event of the Contractor failing to comply with any of the conditions herein specified, the Competent Telecom. Authority shall have the power to terminate the contract without previous notice. 16.3 Contractor's heirs/representatives shall, without the consent in writing of the Competent Telecom Authority, have the right to continue to perform the duties or engagements of the Contractor or under the contract in case of his death. In the event of the Contractor, with such consent aforesaid, transferring his business, and in the event of the 28/81 Digitally Signed by Bidder
GMTD-BR/PLG/Semi-Urban/Outsourcing/O&M/BTS/TE/Copper NW/2020-21/BDU/ Contractor being a company and being wound up any time during the period of this contract for the purpose and with the object of transferring its business to any persons or a company, the Contractor shall make it one of the terms and stipulations of the contract for the transfer of his properties and business, that such other person or company, shall continue to perform the duties or engagements of the Contractor under this contract and be subject to his liabilities there under. Proof of Death and other relevant documents to this effect shall be submitted to the Competent Telecom Authority in writing. 16.4 Without prejudice to any of the rights or remedies under this contract, if the Contractor dies, the Competent Telecom Authority on behalf of the BSNL shall have the option of terminating the contract without compensation to the Contractor, which does not amount to Breach of the contract. 16.5 BSNL may, at its option, cancel or omit the execution of one or more items of work under this contract and may part of such items without any compensation whatsoever to the contractor. 17. ISSUANCE OF NOTICE 17.1 The Divisional Engineer in-charge of work shall issue show cause notice giving details of lapses, violation of terms and conditions of the contract, wrongful delays or suspension of work or slow progress to the contractor directing the contractor to take corrective action. A definite time schedule for corrective action shall be mentioned in the show cause notice. If the contractor fails to take corrective action within the stipulated time frame, the Divisional Engineer incharge shall submit a draft of final notice along with a detailed report to the competent authority who has accepted the contract. 17.2 The final notice for rescission of contract to the contractor shall expressly state the precise date and time from which the rescission would become effective. The following safe guards shall be taken while issuing the final notice : (a) During the period of service of notice and its effectiveness, the contractor should not be allowed to remove from the site any material / equipment belonging to the BSNL. (b) The contractor shall give in writing the tools and plants he would like to take away/ remove from the site. Such of the materials as belong to him and which may not be required for future execution of balance work may be allowed by the Divisional Engineer in charge of work to be removed with proper records. (c) No new construction beneficial to the contractor shall be allowed. (d) Adequate BSNL security arrangements in replacement of the contractor watch and ward shall be made forthwith. Expenses on this account are recoverable from the security deposit or any amount due to contractor. 18. INDEMNITIES: 18.1 The contractor shall at all times held BSNL harmless and indemnify from against all action, suits, proceedings, works, cost, damages, charges claims and demands of every nature and description, brought or procured against BSNL, its officers and employees and forthwith upon demand and cost (inclusive between attorney and client) and all costs incurred in endorsing this or any other indemnity or security which BSNL may now or at any time have relative to do the work or the contractors obligation or in protecting or endorsing its right in any suit on other legal proceeding, charges and expense and liabilities resulting from or incidental or in connection with injury, damages of the contractor or damage to property resulting from or arising out of or in any way connected with or incidental to the operation caused by the contract documents. In addition the contractor shall reimburse BSNL or pay to BSNL forthwith on demand without protect or demur all cost, charges and expenses and losses and damages otherwise incurred by it in consequences of any claim, damages and actions which may be brought against BSNL arising out of or incidental to or in connection with the operation covered by the contractor. 18.2 The contractor shall at his own cost at BSNL‟s request defend any suit or any other proceeding asserting a claim covered by this indemnity but shall not settle, compound or compromise any suit or other finding without first consulting BSNL. 19. FORCE MAJEURE: 19.1 If any time, during the continuance of this contract, the performance in whole or in part by either party or any obligation under this contract shall be prevented or delayed by reason of any war, or hostility, acts of the public enemy, civil commotion sabotage, fires, floods, explosion, epidermis, quarantine restrictions, strikes, lockouts, or act of god (herein after 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 such claim for damages against the other in respect of such non –performance and work under the contract shall be resumed as soon as practicable after such event may come up to an end or cease to exist and the decision of the BSNL as to whether the work have been so resumed or not shall be final and conclusive, provided further that if the performance, in whole or part of any obligation under this contract is prevented or delayed by reason of any such event for a period exceedingly 60 days either party may, at his option terminate the contract. 19.2 Provided also that if the contract is terminated under this clause, the BSNL shall be at liberty to take over from the contractor at a price to be fixed by the BSNL, which shall be final, all unused, undamaged and acceptable materials, bought out components and stores in the course of execution of the contract, in possession of the contractor at the time of such termination of such portions thereof at the BSNL may deem fit excepting such material 29/81 Digitally Signed by Bidder
GMTD-BR/PLG/Semi-Urban/Outsourcing/O&M/BTS/TE/Copper NW/2020-21/BDU/ bought out components and stores as the contracts may with the concurrence of the BSNL elect to retain. 20. ARBITRATION : 20.1 (i) Corporate office letter no MMS/135-1/2011-12(Pt)/69 Dated 28.12.2017 regarding revision of arbitration guidelines in BSNL in accordance with Arbitration and Conciliation (amendment) Act 2015 (3 of 2016)Empanelment of Arbitrators and Payable Fee Structure will be followed. 20.1 (ii) In the event of any question, dispute or difference arising under this Agreement or in connection therewith except as to matter the decision of which is specifically provided under this Agreement, the same shall be referred to sole arbitration of the Chief General Manager, UP(W) Circle Meerut or in case his designation is changed or his office is abolished then in such case to the sole arbitration of the officer for the time being entrusted whether in addition to the functions of the Chief General Manager, UP(W) Circle Meerut or by whatever designation such officers may be called (hereinafter referred to as the said officer) and if the Chief General Manager, UP(W) Circle Meerut or the said officer is unable or unwilling to act as such to the sole arbitration or some other person appointed by the Chief General Manager, or the said officer. The agreement to appoint an arbitrator will be in accordance with the Arbitration & Conciliation Act, 1996. There will be no objection to any such appointment that the arbitrator is BSNL Servant or that he has to deal with the matter to which the agreement relates or that in the course of his duties as BSNL Servant he has expressed views on all or any of the matter under dispute. The award of the arbitrator shall be final and binding on the parties In the event of such arbitrator to whom the matter is originally referred, being transferred or vacating his office or being unable to act for any reason whatsoever such CGMT or the said officer shall appoint another person to act as arbitrator in accordance with the terms of the agreement and the person so appointed shall entitled to proceed from the stage at which it was left out by his predecessors. 20.2 The arbitrator may from time to time with the consent of parties enlarge the time for making and publishing the award, subject to aforesaid Indian Arbitration anc Conciliation act 1996 and the Rules made there under, any modification thereof for the time being in force shall be deemed to apply to the arbitration proceeding under this clause. 20.3 The venue of the arbitration proceeding shall be the O/o CGMT UP (West) or such other places as the arbitrator may decide, the following procedure shall be followed : 20.3.1 In case parties are unable to reach a settlement by themselves, the dispute should be submitted or arbitration in accordance with contract agreement. 20.3.2 There should not be joint submission with the contractor to the sole Arbitrator. 20.3.3 Each party should submit its own claim severally and may oppose the claim put forward by the other party. 20.3.4 The onus of establishing his claims will be left to the contractor. 20.3.5 Once a claim has been included in the submission by the contractor, a reiteration or modification thereof will be opposed. 20.3.6 The points of defencewill be based on actual conditions of the contract. 20.3.7 Claims in the nature of ex-gratia payments shall not be entertained by the Arbitrator as these are not contractual. 20.3.8 The question whether these conditions are equitable shall not receive any consideration in the preparation of the points of defence. 20.3.9 If the contractor includes such claims in his submission, the fact that they are not contractual will be prominently placed before the Arbitrator. 20.3.10 The award of the sole Arbitrator shall be final and binding on all the parties to the dispute. 21. COURT JURISDICTION 21.1 Any Disputes arising out of the tender/bid document/evaluation of bids/issue of APO shall be subject to jurisdiction of the competent court at the place Bareilly where the NIT/tender has been issued. 21.2 Where a contractor has not agreed to arbitration, the dispute/claims arising out of the Contract/PO entered with him shall be subject to the jurisdiction of the competent court at the place where Contract/PO has been issued. 22. SET OFF 22.1 Any sum of money due and payable to the Service Provider (including security deposit refundable to him) under this contract may be appropriated by BSNL and set off the same against any claim of BSNL for payment of a sum of money arising out of this contract or under any other contract made by Service Provider with BSNL. 22.2 In the event of said security deposit being insufficient, the balance of total amount recoverable, as the case may be shall be deducted from any sum due to the Service Provider under this or any other contract with Bharat Sanchar Nigam Limited. Should this amount be insufficient to cover the said full amount recoverable, the Service Provider shall pay to Bharat Sanchar Nigam Limited on demand the balance amount, if any, due to Bharat Sanchar Nigam Limited within 30 days of the demand by BSNL.
22.3 If any amount due to the company is so set off against the said security deposit, the service Provider shall have to make good the said amount so set off to bring the security deposit to the original value immediately by not later than 10 days.
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SECTION-V
SPECIAL CONDITIONS OF THE CONTRACT 1. DEFINITIONS:-
1.1 The bidder can participate for any number of clusters but the contract to one bidder shall not exceed 70% of total working lines of SSA to ensure minimum two bidders in the SSA. The choice of clusters will rest with successful bidder. However to ensure two bidders in SSA the final award of clusters will be rest with tendering authority.
1.11 Service Level Agreement (SLA) & Penalties
Key Performance Indicator (KPI): SLA is defined as under:
1.111 Repeat fault- Fault booked for a connection, more than once in a calendar month will be counted as repeat fault. The % of numbers out of total numbers in the fault list appearing as repeat fault shall not exceed 12% in first three months & 10% in onward months.
1.112 Mean Time to Repair the Fault (MTTR) should be as under:
FMC (Fixed Monthly LL/BB Services ISDN PRI/SIP Trunk/ Leased circuit Charge) in Rs. MTTR in Hrs 12 Hrs 6 Hrs
1.113 % Fault Clearance in 24 hours: More than 95% of the faults booked shall be cleared within 24hrs.
1.114 Provisioning of New LL or New BB: All booked connections shall be provided within 3 days of receiving OB for execution. However bidder shall attempt 75% provisioning within 2 days.
1.115 Provisioning of new BB on existing LL :All booked connection shall be provided within 2 days of receiving OB for execution.
1.116 Provisioning of new ISDN PRI/SIP Trunk/Leased Circuits: All booked connection shall be provided within 3 days of receiving OB for execution.
1.117 If Telephone/CPE arranged by customer resulting in delay then such delay will be excluded from the total time taken for provisioning. However, maximum 7 days will be excluded.
1.118 In case of delay due to cable fault (between MDF & Pillar) to the extent that alternate pair could not be arranged, such faults/provisioning will not form part of list considered for adherence of SLAs (MTTR for fault & provisioning time for new LL/BB).
1.119 The data for computation of Service Level Parameters will be taken from BSNL IT system.
1.2 Incentive:
1.21 Monthly Incentive for high FMC working numbers (having different MTTR ). FMC - Rs. 301-600 : Rs.17 per customer of FMC Rs.301 to 600 FMC - Rs. 601-800 : Rs.27 per customer of FMC Rs.601 to 800 FMC – Above Rs. 800 : Rs.35 per customer of FMC above Rs.800 PRI/SIP Trunk/Leased Circuits ckts : Rs.70 per customer of PRI/SIP Trunk/Leased ckts
1.22 Plan up-gradation: 50% of difference of upgraded plan FMC with existing plan FMC (one time to be given as incentive as per FMS entry). No further incentive will be given for the same LL/BB number.
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1.23 Incentive for a higher provisioning performance: Sl Type of Provisioning work if the Gross provisioning of the month is more Charges No than or equal to 1.5%* of Cluster size** 1 Provision of New Land Line Rs.125/- 2 Provision of New Broadband including new Landline Rs.125/- * Note: No. of lines provisioned will be counted based on no. of only Landlines + No. of Broadband with LL provided in the month. Broadband provisioned in existing Landline will not be counted for calculation of 1.5 %. ** Note : Cluster size ( no. of only LL + No. of LL with BB) will be taken as on date of issue of Work Order and reviewed after every one year).
1.3 Penalties:
(a) Penalties will be levied on monthly KPIs
KPI SLA Penalty Fault Clearance 95% in 24 hrs. 0.2% of invoice value for each 1% of slippage. MTTR 12 Hrs. 0.3% of invoice value for each hour of slippage ( rounded off) MTTR 6 Hrs. 0.6% of invoice value for each hour of slippage ( rounded off) Repeat fault 10% 0.5% of invoice value for each 1% of slippage (pro-rata basis). New connection 3 days Rs.25/- per day delay (max.Rs.100/-for each connection) for each provisioning LL or BB connection. Provisioning BB on 2 days Rs.25/- per day delay (max.Rs.100/-for each connection) for each existing LL connection. Provisioning of new ISDN 3 days Rs.50/- per day delay (max.Rs.200/-for each connection) for each PRI/SIP Trunk/Leased connection. Circuits or any other services on customer Access NW
(b) The contract(s) will be terminated & PBG forfeited, upon non-performance & failure to meet all the SLAs i.e. MTTR, Provisioning, fault clearance and repeat faults parameters for consecutive 3 months. Notice shall be served for non-performance in 1st month, 2nd month and 3rd month before final termination. (c) In case partial SLAs are met then also it is liable for termination. However, EOI/Tender accepting authority reserves the right to grant any relief in action for termination considering the circumstances/nature on the appeal made by the bidder if one or more parameter are met. (d) Total penalties for network maintenance shall be capped at 15% of invoice value of maintenance work. However penalty for delay in new provisioning will be levied as per actual and shall be in addition to penalties for network maintenance. (e) All faults made over to bidder through APP( or desktop software) after 17:00 Hrs, the time beyond 20:00 Hrs on that day to 08:00 Hrs of next morning, will not be counted in MTTR. (f) Any delay due to natural calamity or any other conditions beyond control of BSNL or vendor (as a force majeure case) shall be excluded by ITPC after receiving the approval of BA head prior to generation of performa Invoice. (g) The bidder shall be responsible for safety of the materials, either supplied and/or installed by him or installed by him after being provided by BSNL(U/G PIJF cable of size 50 pair and above). If any theft of the materials installed by bidder occurs then it will be responsibility of the bidder to restore the network at his own cost.
1.2 The Department reserves the right to disqualify such bidders who have a record of not meeting contractual obligations against earlier contracts entered into with the Department. 1.3 The Department reserves the right to black list a bidder for a suitable period in case he falls to honour his bid without sufficient grounds. 1.4 The Department reserves the right to counter offer price(s) against price(s) quoted by any bidder.
32/81 Digitally Signed by Bidder
GMTD-BR/PLG/Semi-Urban/Outsourcing/O&M/BTS/TE/Copper NW/2020-21/BDU/ 1.5 Any clarification issued by Department in response to query raised by prospective bidders shall form an integral part of bid documents and it may amount to amendment of relevant clauses of the bid documents. 1.6 Tender will be evaluated as a single package of all the items given in the price schedule. 1.7 All work to be executed under the contract shall be executed under the guidelines/instruction issued time to time by BSNL Corporate/Circle Office. 1.8 Regarding extension of agreement period , the decision of GMTD Bareilly shall be final. 1.9 If at any time after the commencement of the work, the Department may feel that execution of whole or part of work, as specified in the tender is not required to be carried out, then the Department shall give notice in writing of the fact to the contractor who shall have no claim to any payment of compensation whatsoever on account of any profit or advantage which he might have derived in consequence of the full amount of the work not having been carried out neither shall be have any claim for compensation by reason of any alterations having been made in the original specifications, drawings, designs and instructions which shall involve any curtailment of the work as originally contemplated. 1.10 Whenever any claims against the contractor for the payment of a sum of money arises out of or under the contract, the Department shall be entitled to recover such sum by appropriating in part or whole the security deposit of the contractor, and to sell any Government promissory notes etc., for forming the whole or part of such security or running/Final bill pending against any contract with the department. In the event of the security being insufficient or if no security has been taken from the contractor, then the balance or the total sum recoverable as the case may be, shall be deducted from any sum then due or which at any time there after may becomes due to the contractor under this or any other contract with BSNL. Should this sum be not sufficient to cover the full amount recoverable the contract or shall pay to Department on demand the balance remaining due. 1.11 No official of Gazetted rank or other Gazetted officer employed in Engineering or administrative duties in an Engineering BSNL or any other BSNL of the Government of India is allowed to work as a contractor for a period of two years after his retirement from Government service without the previous permission of Government of India. This contract is liable to be cancelled if either the contractor or any of his employee is found at any time to be such person who hadn’t obtained the permission of 1.12 In the event of the contactor being, adjusted insolvent or going voluntarily into liquidation of having received order or other order under insolvency act made against him or in the case of company, of the passing of any resolution, or making of any order for winding up whether voluntarily or otherwise, or in the event of the contractor falling to comply with any of the conditions herein specified. The GMTD Bareilly shall have the power to terminate the contract without any notice. 1.13 Without prejudice to any of the rights or remedies under this contract, if the contractor dies, the GMTD Bareilly on behalf of the CGMT UPW BSNL can terminate the contract without compensation to the contractor. However GMTD Bareilly, at his discretion may permit contractor‟s heirs to perform the duties or engagements of the contractor under the contract, in case of his death. In this regard the decision of GMTD Bareilly shall be the final. 1.14 In the event of the contractor, winding up his company on account of transfer or merger of his company with any other, the contractor shall make it one of the terms and stipulations of the contract for the transfer of his properties and business, that such other person or company, shall continue to perform the duties or engagement of the contractor under this contract and be subject to his liabilities there under. 1.15 The materials supplied to the contractor by the Department shall remain the absolute property of Department and shall not be removed from site of the work except for use in the work and shall be at all times open to inspection by the Representative of GMTD Bareilly. In case the materials like cable and accessories are taken delivery of by the contractor and stored at the site office/store of the contractor such site office/store will also be treated “as site” for this purpose. Any such materials remaining unused at the time of the abandonment, completion or determination of the contract shall be returned to the Department at a place informed to him by the Department, failing which the cost of the unused materials shall be deducted from the contractor’s material security or any of his pending bills or from any other security. 1.16 The contractor shall be responsible for the transportation of store, storage and safe custody of all material supplied to him by the Department, which in the contractor’s custody whether, or not installed in the work. The contractor shall satisfy himself regularly the quantity and quality of the materials supplied to him and he will be responsible for any subsequent deterioration and discrepancy (inclusive of theft) in the quantity/quality of the materials.
33/81 Digitally Signed by Bidder
GMTD-BR/PLG/Semi-Urban/Outsourcing/O&M/BTS/TE/Copper NW/2020-21/BDU/ 1.17 The contractor shall ensure that only the required materials are issued to him. Upon completion of work, the contractor shall return to the Govt. at the later designated store in good condition, free of charges, any unused materials that were supplied by the Department. 1.18 The contractor should have his supervisor located in Budaun with telephone & FAX for urgent work.
2. NOTIFICATION The contractor shall give in writing to the proper person or authority with a copy to the Divisional Engineer such notification as may be mandatory or necessary in connection with the commencement, suspension, resumption, performance and/or completion of the contracted work. All notice shall be given sufficiently in advance of the proposed operation to permit proper co-relation of activities and the contractor shall keep all proper persons or authorities involve and advised of the progress of operations through out the performance of the work and/or with such other information and/or supporting figure and data as may from time to time as directed or required. 3. INTERPRETATION OF THE CONTRACT DOCUMENT 3.1 The representative of GMTD BAREILLY and the contractor shall in so far as possible by mutual consultation, try to decide upon the meaning and intent of the contract document. In-case of disagreement the matter shall be referred to GMTD BAREILLY whose decision shall be final. Any change in the contract documents shall be set forth in writing by the representative of the parties hereto. It shall be the contractor's’ responsibility to thoroughly familiarize all of his supervisory personnel with the contents of all the contract documents. 4. SHUT DOWN ON ACCOUNT OF WEATHER CONDITIONS: The contactor shall not be entitled to any compensation whatsoever by reason of suspension of the whole or any part of the work made necessary by BSNL or deemed advisable on account of bad weather conditions or other Force majeure conditions. 5. LABOUR/MATERIAL/EQUIPMENTS/SUPPLIES 5.1 The contractor shall be responsible for maintenance & provisioning of LL/BB/ISDN PRI/LC of Copper Network of left out urban exchange and rural exchange having the provision to cover Customer Access network (Last Pillar to Customer Premises) of left out urban exchanges and Local Access ( MDF to Last Pillar) & Customer Access network of rural exchanges, Mobile Access Equipment Maintenance including RF optimization/mini-link antenna alignment & ODU replacement & Mobile Infrastructure Maintenance and Rural Exchange Maintenance & Upkeep including all materials like UG cable, drop wire, jumper wire, CLIP Instruments, LJU & Splitter etc. and BTS/TE maintenance Materials ( except 50 Pair and above UG Cables as well as BSNL owned CPE repairing/replacement will be provided by BSNL to Contractor). 5.1 The contractor shall be responsible for the transportation, storage and safe custody of all materials supplied to him by the BSNL if any. The contractor shall satisfy himself regularly about the quality and the quantity of the materials supplied to him and he will be responsible for any subsequent deterioration and discrepancy in the quality/quantity of the materials. 5.2 The contractor shall ensure that only the required materials are got issued. Upon completion of the work, the contractor shall return to the BSNL at the latter’s designated store in good condition, free of charges, any unused materials that were supplied by the BSNL. 5.3 The contractor while taking the delivery of materials supplied by the BSNL at the designated place shall thoroughly inspect all items before taking them over. Once, the owner-furnished materials are made over to the contractor it shall be his responsibility for safe custody till completion of work as per Work Order. Any pilferage, damage, etc. to the material furnished by the BSNL shall be at the risk and cost of the contractor and charges for such unaccounted materials shall be decided in accordance with BD therof. 5.4 Notwithstanding anything else here in stated, the contractor shall furnish and pay for all supervision, labour, tools, supplies, repairing equipment and consumable materials as may be necessary for the performance of the work
6. STORES SUPPLIED BY THE BSNL: 6.1 The contractor shall transport (including loading and unloading) all stores issued to him for District Telecom Store Bareilly, to the site of work at his own cost. The BSNL shall not pay any transportation charges to the contractor. 6.2 All materials supplied to the contractor by the BSNL shall remain the absolute properly of BSNL and shall not be removed from site of the work except for use in the work and shall be at all times open to inspection by the Representative of GMTD Bareilly/TDM Budaun as the case may be. In case the materials and accessories are taken delivery of by the contractor and stored at the site office/store of the contractor such site office/store will also be treated “as site” for this purpose. Any such materials remaining unused at the time of the abandonment, completion or determination of the contract shall be returned to the BSNL at a place informed to him by the BSNL, falling which the cost of the unused materials shall be deducted from the contractor‟s material security or any of his pending bills or from any other security 34/81 Digitally Signed by Bidder
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7.0 DELETED 8. EASEMENTS, PERMITS, LICENCES AND OTHER FACILITIES: 8.1 The contractor shall obtain/provide at his own cost all easements, permits and license necessary to do its work except for the following which shall be provided by the Representative of the GMTD BAREILLY/TDM Budaun (A) “Right of User” easements and permits. (B) Railway and Highway crossing permits including bridge. (C) Canal/stream crossing permits. 8.2 The contractor shall be fully responsible for angling and obtaining all necessary easements, permits and licenses, for moving all construction equipment, tools, supplied materials and men across Railways and Highways, across public or private road as well as premise of any public utility within the right of user and for bearing all costs that may be incurred in respect of the same. 8.3 The contractor is to confine his operation to the provided construction “Right of User” unless it has made other arrangement with the particular property owners and/or tenants such other arrangements shall be entirely at the responsibility of the contractor as to cost and arrangements as also breach and claim and shall be entitled with a copy to the Divisional Engineer. 8.4 The contractor will not be entitled to extra compensation for hardship and increase in cost by the cable trench being routed adjacent to or across other Pipelines, Highways, Railways, telephones or poser poles and wires or guy wires, embankments, restrict or limit the use of the construction “Right of User”. Some construction and such contingency shall be deemed to have been providing for in the rates. 8.5 At location where the UG cable trench is routed across or along railways or roads the contractor shall without extra cost provide and maintain such detours and road controls as are required by the railways or government or local agencies having jurisdiction. 8.6 If the department is not able to provide above mentioned permits etc. in time then the extension of time limit shall be provide as per EOT clause given in tender document.
9. QUALITY OF WORK: The BSNL shall be the final judge of the quality of the work and the satisfaction of the BSNL in respect thereof set forth in the contract documents. The representative of GMTD Bareilly/TDM Budaun has the right to prohibit the use of men and any tools, materials and equipment which in his opinion do not produce work or performance meet the requirement of the contract documents.
10. TAXES AND DUTIES: Contractor shall pay all rates, levies, fees royalties, taxes and duties (except GST) payable or arising from out of, by virtue of or in connection with and/or incidental to the contract or any of the obligations of the parties in terms of the contractor documents and/or in respect of the works or operations or any part thereof to be performed by the contractor and the contractor shall indemnify and keep indemnified the BSNL from and against the same or any default by the contractor in the payment thereof.
11. PROTECTION OF LIFE AND PROPERTY AND EXISTING FACILITIES: 11.1 The contractor is fully responsible for taking all possible safety precaution during preparation for and actual performance of the works and for keeping the construction site in a reasonable safe condition. The contractor shall protect all life and property from damage or losses resulting from his construction operations and shall minimize the disturbance and inconvenience to the public. 11.2 The contractor shall be solely liable for all expense for and in respect of repairs and /or damage occasioned by injury of or damage to such underground and above structures or other properties and under take to indemnify the BSNL from and against all actions, cause of actions, damages, claims and demands what-so-ever, either in law or in equity and all losses and damages and costs (inclusive between attorney and client), charges and expenses in connection therewith and/ or incidental thereto. 11.3 The current market value of any commodities lost as a result of any damage to the aforesaid existing facilities shall be paid by the contractor together with such additional sums necessary to liquidate the personal of property damages, resulting there from. 11.4 Attention of the contractor is drawn to the rules regarding laying of cables at road crossing, along Railways Bridges, Highways safety precautions while working in Public Street. The contractor in writing shall obtain the detailed engineering instructions from the Divisional Engineer of the area. 11.6 The contractor shall be solely responsible for location through approved non-destructive means and ensuring the safety of all existing underground pipeline, electrical cables, and or other structures.
35/81 Digitally Signed by Bidder
GMTD-BR/PLG/Semi-Urban/Outsourcing/O&M/BTS/TE/Copper NW/2020-21/BDU/
12. LABOUR WELFARE MEASURES AND WORKMAN COMPENSATION: 12.1 Obtaining License before commencement of work: The contractor shall obtain a valid labourlicense under the Contract Labour (R&A) Act 1970 and the Contract Labour (Regulations and Abolition) Central Rules 1971, before commencement of the work, and continue to have a valid license until the completion of work. 12.2 Contractors Labour Regulations: 12.2.1 Working Hours 12.2.1.1 Normally working hours of an employee should not exceed 9 hours a day. The working day shall be so arranged that inclusive of interval for rest, if any, it shall not spread over more than 12 hours on any day. 12.2.1.2 When a worker is made to work for more than 9 hours on any day or for more than 48 hours in any week he shall be paid over time for the extra hours put in by him. 12.2.1.3 Every worker shall be given a weekly holiday normally on a Sunday, in accordance with the provisions of Minimum Wages (Central) Rules 1960, as amended from time to time, irrespective of whether such worker is governed by the Minimum Wages Act or not. 12.2.1.4 Where the minimum wages prescribed by the Government, under the Minimum Wages Act, are not inclusive of the wages for the weekly day of rest, the worker shall be entitled to rest day wages, at the rate applicable to the next preceding day, provided he has worked under the same contractor for a continuous period of not less than 6 days. 12.2.1.5 Where a contractor is permitted by the Engineer-in-Charge to allow a worker to work on a normal weekly holiday, he shall grant a substituted holiday to him for the whole day, on one of the five days, immediately before or after the normal weekly holiday, and pay wages to such worker for the work performed on the normal weekly holiday at the overtime rate.
12.2.2 Display of Notice Regarding Wages etc. The contractor shall, before he commences his work on contract, display and correctly maintain and continue to display and correctly maintain, in a clear and legible condition in conspicuous pieces on the work, notices in English and in local Indian languages spoken by the majority of the workers, giving the minimum rates of the wages fixed under Minimum Wages Act, the actual wages being paid, the hours of work for which such wage are earned, wages periods, dates of payments of wages and other relevant information.
12.2.3 Payment of Wages. 12.2.3.1 The contractor shall fix wage periods in respect of which wages shall be payable. 12.2.3.2 No wage period shall exceed one month. 12.2.3.3 The wages of every person employed as contract labour in an establishment or by a contractor, where less than one thousand such persons are employed shall be paid before the expiry of seventh day and in other cases before the expiry of tenth day after the last day of the wage period in respect of which the wages are payable. 12.2.3.4 Where the employment of any worker is terminated by or on behalf of the contractor, the wages earned by him shall be paid before the expiry of the second working day from the date on which his employment is terminated. 12.2.3.5 All payment of wages shall be made on a working day at the work premises and during the working time and on a date notified in advance and in case the work is completed before the expiry of the wage period, final payment shall be made within 48 hours of the last working day. 12.2.3.6 Wages due to every worker shall be paid to him direct or to other person authorised by him in this behalf. 12.2.3.7 All wages shall be paid in current coin or currency or in both. 12.2.3.8 Wages shall be paid without any deductions of any kind except those specified by the Central Government by general or special order in this behalf or permissible under the payment under the payment of Wages Act 1956. 12.2.3.9 A notice showing the wages period and the place and time of disbursement of wages shall be displayed at the place of work and a copy sent by the contractor to the Engineer-in-Charge under acknowledge. 12.2.3.10 It shall be the duty of the contractor to ensure the disbursement of wages paid should be either in the form of ONLINE (RTGS or NEFT etc.) only. In case if wages paid through online i.e. RTGS or NEFT, then Bank statement (self attested) of contractor should attached with the bill and time of the disbursement of wages by the contractor to workmen. 12.2.3.11 The contractor shall obtain from the site Engineer or any other authorised representative of the Engineer- in-Charge, as the case may be, a certificate under his signature at the end of the entries in the “Register of Wages” or the “Wage-cum-Muster Roll”, as the case may be, in the following form: “Certified that the amount shown in the column No…… has been paid to the workman concerned in my presence on ……… at ………..”. 12.2.4 Fines and deductions which may be made from wages.
36/81 Digitally Signed by Bidder
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12.2.4.1 The wages of a worker shall be paid to him without any deduction of any kind except the following: (a) Fines (b) Deductions for absence from duty i.e. from the place or the places where by the terms of his employment he is required to work. The amount of deduction shall be in proportion to the period for which he was absent. (c) Deductions for damage to or loss of goods expressly entrusted to the employed person for custody, or for loss of money or any other deductions which he is required to account, where such damage or loss is directly attributable to his neglect or default. (d) Deduction for recovery of advances or for adjustment of overpayment of wages, advances granted shall be entered in a register. (e) Any other deduction, which the Central Government may from time to time, allow.
12.2.4.2 No fines should be imposed on any worker save in respect of such acts and omissions on his part as have been approved of by the Labour Commissioner. 12.2.4.3 No fine shall be imposed on a worker and no deduction for damage or loss shall be made from his wages until the worker has been given an opportunity of showing cause against such fines or deductions. 12.2.4.4 Every fine shall be deemed to have been imposed on the day of the act or omission in respect of which it was imposed. 12.2.5 Labour Records. 12.2.5.1 The contractor shall maintain a Register of Persons employed on work on contract in form XIII of the Contract Labour (R&A) Central Rules 1971. 12.2.5.2 The contractor shall maintain a Muster Roll register in respect of all workmen employed by him on the work under Contract in Form XVI of the CL (R&A) Rules 1971. 12.2.5.3 The contractor shall maintain a Wage Register in respect of all workmen employed by him on the work under contract in Form XVII of the CL (R&A) Rules 1971. 12.2.5.4 Register of accidents – The contractor shall maintain a register of accidents in such form as may be convenient at the work place but the same shall include the following particulars: (a) Full Particulars of the labourers who met with accident. (b) Rate of wages. (c) Sex. (d) Age. (e) Nature of accident and cause of accident. (f) Time and date of accident. (g) Date and time when admitted in hospital. (h) Date of discharge from the hospital. (i) Period of treatment and result of treatment. (j) Percentage of loss of earning capacity and disability as assessed by Medical officer. (k) Claim required to be paid under Workmen‟s compensation Act. (l) Date of payment of compensation. (m) Amount paid with details of the person to whom the same was paid. (n) Authority by whom the compensation was assessed. (o) Remarks. 12.2.5.5 The contractor shall maintain a Register of Fines in the Form XVII of the CL (R&A) Rules 1971. The contractor shall display in a good condition and in a conspicuous place of work the approved list of acts and omission for which fines can be imposed. 12.2.5.6 The contractor shall maintain a Register of Deductions for damage or loss. In Form XX of the CL (R&A) Rules 1971. 12.2.5.7 The contractor shall maintain a Register of Advances In Form XXIII of the CL (R&A) Rules 1971. 12.2.5.8 The contractor shall maintain a Register of Overtime. 12.2.6 Attendance card-cum wage slip 12.2.6.1 The contract shall issue an Attendance card cum wage slip to each workman employed by him. 12.2.6.2 The card shall be valid for each wage period. 12.2.6.3 The contractor shall mark the attendance of each workman on the card twice each day, once at the commencement of the day and again after the rest interval, before he actually starts work. 12.2.6.4 The card shall remain in possession of the worker during the was period under reference. 12.2.6.5 The contractor shall complete the wage slip portion on the reverse of the card at least a day prior to the disbursement of wages in respect of the wage period under reference. 12.2.6.6 The contractor shall obtain the signature or thumb impression of the worker on the wage slip at the time of disbursement of wages and retain the card with him. 37/81 Digitally Signed by Bidder
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12.2.7 Employment card The contractor shall issue an Employment Card in the Form XIV of CL (R&A) Central Rues 1971 to each worker within three days of the employment of the worker. 12.2.8 Service Certificate On termination of employment for any reason whatsoever the contractor shall issue to the workman whose service have been terminated, a Service Certificate in the Form XV of the CL (R&A) Central Rules 1971. 12.2.9 Preservation of labour records The labour records and records of Fines and deductions shall be preserved in original for a period of three years from the date of last entries made in them and shall be made available for inspection by the Engineer-in-Charge or Labour officer or any other officers authorised by the Ministry of Communication in this behalf. 12.3 Power of labour officer to make investigations or enquiry The labour officer or any person authorised by the Central Government on their behalf shall have power to make enquiries with a view to ascertaining and enforcing due and proper observance of fair Wage Clauses and provisions of these Regulations. He shall investigate into any complaint regarding the default made by the contractor in regard to such provision. 12.4 Report of Investigating officer and action thereon
The Labour Officer or other persons authorised as aforesaid shall submit a report of result of his investigation or enquiry to the Engineer in-charge indicating the extent, if any, to which the default has been committed with a note that necessary deductions from the contractor‟s bill be made and the wages and other dues be paid to the labourers concerned. The Engineer-in-charge shall arrange payments to the labour concerned within 45 days from the receipt of the report from the Labour Officer or the authorised officer as the case may be. 12.5 Inspection of Books And Slips The contractor shall allow inspection of all the prescribed labour records to any of his workers or to his agent at a convenient time and place after due notice is received or to the Labour Officer or any other person, authorised by the Central Government on his behalf. 12.6Submission of Returns The contractor shall submit periodical returns as may specified from time to time. 12.7 Amendments The Central Government may from time to time add to or amend the regulations and on any question as to the application/interpretation or effect of those regulations. 12.8Contractor shall be abide by the provisions of the employees provident fund and miscellaneous provisions Act 1952 and rules made there under including deduction of EPF contribution and depositing with the EPF authorities. 12.9The contractor shall also ensure the fulfilment /compliance of the provisions of EPF & Miscellaneous provisions Act 1952 & employees provident fund scheme 1952 in respect of labours/employees engaged by them for performing the works of BSNL.
13. INSURANCE: 13.1 Without limiting any of his other obligations or liabilities, the contractor shall, at his was expense, take and keep comprehensive insurance including third party risk for the plant, machinery, men, materials etc. brought to the site and for all the work during the execution. The contractor shall also take out workmen‟s compensations insurance as required by law and under take to indemnify and keep indemnified the Government from and against all manner of claims and demands and losses and damages and cost (including between attorney and client) charges and expenses that may arise in regard the same or that the Government may suffer or incur with respect to end/or incidental to the same. BSNL shall not entertain any claim arising out of mishap, if any, that may take place. In the event of any liability/claim falling on BSNL, the same shall be reimbursed /indemnified by the Service Provider.
14. COMPLIANCE WITH LAWS AND REGULATION: 14.1 During the performance of the works the contractor shall at his own cost and initiative fully comply with all applicable laws including minimum wages, social security measures like EPF, ESI etc. as applicable as per law of the land and with any and all applicable by-laws rules, regulations and orders and any other provisions having the force of law made or promulgated or deemed to be made or promulgated by the Government, Governmental agency or department, municipal board, Government of other regulatory or Authorized body or persons and shall provide all certificates of compliance therewith as may be required by such applicable law, By-laws, Rules, Regulations, orders and / or provisions. The contractor shall assume full responsibility for the payment of all contributions and pay roll taxes, as to its employees, servants or agents engaged in the performance of the work specified in the contractor 38/81 Digitally Signed by Bidder
GMTD-BR/PLG/Semi-Urban/Outsourcing/O&M/BTS/TE/Copper NW/2020-21/BDU/ documents. If the contractor shall require any assignee or sub-contractor to share any portion of the work to be performed hereunder may be assigned, sub-leased or sub-contracted to comply with the provisions of the clause and in this connection the contractor agrees as to undertake to save and hold the Government harmless and indemnified from and against any/all penalties, actions, suits, losses and damages, claims and demands and costs (inclusive between attorney and client) charges and expenses whatsoever arising out or occasioned, indirectly or directly, by failure of the contractor or any assignee or sub-contractor to make full and proper compliance with the said by-laws, Rules, Regulations, Laws and Order and provisions as aforesaid. 14.2 The contractor shall obtain a valid labour license under the Contract Labour (R&A) Act 1970 and the Contract Labour (Regulation and abolition) Central Rules 1971 as applicable, before commencement of the work, and continue to have a valid license until the completion of work. The contractor shall also abide by the provisions of the Child labour (Prohibition and Regulation) Act 1986. Any failure to fulfill this requirement shall attract the penal provisions of this contact arising out of the resultant non-execution of work. The contractor will employ sufficient labours for carrying out the work efficiently and handling valuable items without any damage. The employees of the contractor and the sub-contractor, if any, in no case shall be treated as the employees of the BSNL at any point of time. 14.3 The terms and conditions towards fulfillment/compliance of the provisions of ESI, EPF & Misc. Provisions Act. 1952 & Employees Provident Fund Scheme 1952 by the contractors in respect of laborers/employees engaged by them for performing the works of BSNL 14.4 That each claim bill of contractors must accompany the (i) List showing the details of labourers/ employees engaged (ii) Duration of their engagement (iii) The amount of wages paid to such labourers/ employees for the duration in question (iv) Amount of EPF contributions (both employers & employees contribution for the duration of engagement in question, paid to EPF Authorities (v) Copies of authenticated documents of payments of such contribution to EPF & ESI authorities and (vi) A declaration from the contractors regarding compliance of the conditions of EPF Act 1952 and ESI Act (vii) Amount of ESI contribution for duration of engagement in question.
15. TOOLS AND PLANTS: The contractor shall provide at his own cost all tools, plants appliances, implements, measuring instruments etc. required for proper execution of works. The contractor, shall also supply without charge the requisite number of persons with the means and materials necessary for the purpose of setting out works, counting, weighing and assisting the measurements for examination at any time and from time to time.
16. SAFTY MEASURE:- The contractor while executing the work shall maintain absolute safety measures and precaution for the safety like, boards displaying “ work in progress”, proper fencing with red/white warning tapes at specific intervals at work sites to avoid inconvenience to the public. Any misshaping and untoward incident will be the contractors liability and BSNL will not be responsible for any claim.
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18.DELETED
19. BREACH OF CONTRACT 19.1 The GMTD Bareilly may without prejudice to this right against the contractor in respect of any delay or any inferior workmanship or otherwise or to any claims damage in respect of an/breach of the contract and without prejudice to any rights or remedies under any of the provisional of this contract or otherwise and whether the date for completion has or has not elapsed by notice in written absolutely determine a breach of contract in any of the following cases: - (i) If the contractor having been given by the Incharge of site/Competent Authority a notice in writing to rectify or replace any defective work or that it is being performed in any inefficient or otherwise improper or unknowing like manner shall limit to comply of such notice for a period of seven days thereafter, if the contractor shall delay or suspend the execution of the work so that either in the judgment of the General Manager Telecom District (which shall be final and binding) he will be unable to secure completion of the work by the date for completion or he has already failed to complete the work by that date. (ii) If the contractor being a company shall pass a resolution or the court shall make an order that the company shall wound up and a receiver or manager on behalf of execution shall be appointed or if circumstances shall also which entitle the court or creditor to appoint a receiver or a manager or which entitled the court to make a winding up order. (iii) If the contractor commits breach of any of the terms and conditions of his contract.
39/81 Digitally Signed by Bidder
GMTD-BR/PLG/Semi-Urban/Outsourcing/O&M/BTS/TE/Copper NW/2020-21/BDU/
19.2 When the contractor has made himself liable for action under any of the aforesaid. The GMTD Bareilly on behalf of BSNL Bareilly shall have the powers. (i) To determine or rescind the contract as aforesaid of which termination or decision noticeand 30 days in writing to the contract under the hand of the GMTD Bareilly shall be conclusive evidence upon such determination or recession. The security deposit of the contractor shall be liable to forfeited and shall be absolutely at the disposed of BSNL. (ii) To employ labour paid by the department and to supply materials to carry out the works or any parts of the work debiting the contractor with the cost of the labour and the price of the materials (of the amount of which cost and price determined/approved by the GMTD Bareilly shall be final and conclusive against the contractor) and crediting him with the value of the work done in all respects in the same manner and the same rates as if it has been carried out by contractor under the terms of contract. The decision of the GMTD Bareilly as the value of the work done shall be final and conclusive against the contractor provided always that action under the sub clause shall only be taken after giving a 3 days notice in written to the contractor provided also that if the expenses incurs by the department less than if the amount payable to the contractor at his agreement rates the difference should not be paid to the Contractor. (iii) After giving notice up the contractor and measure up of the work of the contract and to take such part thereof as shall be unexecuted out of his hand and to give it to another contractor to complete in which case any expenses which shall be incurred in excess of the sum which would have been to the original contractor if the whole work has been expended by him of the amount of which excess certificate in writing of the GMTD Bareilly shall be final and conclusive shall be borne and paid by the original contractor and may be deducted from any money due to him by BSNL under this contract or on any other account what so ever or from his security deposit or the proceeds of sales there of or a sufficient part thereof as the also may be. 19.3 In the event of any one or more of the above courses being adopted by the GMTD Bareilly the contractor shall have no claim to compensation for any loss stained by him by reason of his having purchased or procured any materials or entered into any engagements made by advances on account or with a view to the execution of the work of the performance of contract. Any case action is taken under any of the provision aforesaid the contractor shall not be entitled to recovered be paid any sum for any work there to or actually performance under this contract unless and until the GMTD Bareilly has decided in written the performance of such work and the valued by in respect thereof and he shall only be entitled to the paid the value so finalized. 19.4 In any case in which any of the powers concurred upon to Incharge/D.E.T./SDE, shall have become exercised the same shall not be exercised the non-exercised thereof non constitute a waver of any of the conditions hereof such powers shall not withstanding be exercisable in the event of any further case order it by the contractor and the liability of the contractor for compensation shall remain unaffected. 19.5 In the event of the GMTD Bareilly putting in force all or any of the powers vested in him and to proceeding clause he may if he so desires after giving notice in written to the contractor, take possession of for at the sole direction of the GMTD Bareilly which shall be final use as on hire (the amount of the hire money being also in the final determination of the GMTD) all or any tools, plant, materials and stores, in or upon the works or the site thereof belonging to the contractor or procured by the contractor as intended to be used for the execution of the work or any part thereof paying or allowing for the same an account at the contract rates, or in the case of these not being applicant at current market rates to certified by the GMTD Bareilly whose certificate thereof shall be final otherwise the AGM (Plg), O/o GMTD BAREILLY by notice in written may order the contractor of his clerk of the workforce man or other authorize agent to remove such tools plants, materials or stores from the premises which in and time to be specified in such notice and in the event of the contractor failing to comply with any such requisition, the GMTD Bareilly may remove them all at contractors expenses or sale them by action or private sale on account of the contractor and at his risk in all respects and the certificate of the GMTD Bareilly is to expenses of any such removal and the amount of the proceeds and expense of any such sale shall be final and conclusive against the contractor.
20.0 DELETED
21. SITE INVESTIGATION AND REPRESENTATIONS 21.1 The contractor shall satisfy himself to the natures, location in general and local conditions particularly these bearing upon transportation, handling and storage of materials, labour etc. 21.2 The GMTD Bareilly/TDM Budaun assumes no responsibility whatever for any oral understanding or recommendation made by any of its officers or agent or servants prior to the execution of the contract and all such previous negotiation and understanding according shall be treated cancelled. 22. PRICE VARIATION The BSNL shall not be responsible for any escalation in price of labour or material, machinery, equipment etc. what so ever of any data relives or taxes in respect their of whatsoever and the contractor rates and contractors obligations shall remain unaffected by such escalation and/or increase. 40/81 Digitally Signed by Bidder
GMTD-BR/PLG/Semi-Urban/Outsourcing/O&M/BTS/TE/Copper NW/2020-21/BDU/
SECTION-VI
SCOPE OF WORK
(A) For maintenance & provisioning of LL/BB/ISDN PRI/LC of Copper Network of left out Urban Exchange and rural exchange under outsourcing of Semi Urban Cluster Policy, having the provision to cover Customer Access network (Last Pillar to Customer Premises) of left out Urban Exchanges and Local Access ( MDF to Last Pillar) & Customer Access network of Rural Exchanges in Budaun SSA.
In order to ensure that BSNL’s Rural area fixed line customers get services to their satisfaction and BSNL fixed line network capacity is further utilized by provisioning of new land line / broadband connections, outsourcing of activities based on SLA has been adopted in BSNL. The Policy consists of the outsourcing model for the copper based outdoor network/external plant network i.e. the Customer Access network (Last Pillar to Customer Premises) of left out Urban Exchanges and Local Access ( MDF to Last Pillar) & Customer Access network (Last Pillar to Customer Premises) of Rural Exchanges. It is expected that this model will improve the customer services experience from the fixed line copper network of BSNL in Rural Area and Left out Urban Area.
Following type of works under external plant from Last Pillar to Customer premise for left out Urban Area and Local Access ( MDF to Last Pillar) & Customer Access network (Last Pillar to Customer Premises) of Rural Exchanges are covered under scope of this tender:
1. Customer Access: Maintenance and provisioning of Landline(LL) and Broadband(BB) network from Last pillar to Customer Premise with all materials like UG cable, drop wire, jumper wire, CLIP Instruments, LJU & Splitter etc. [50 pair and above UG cables, along with associated accessories and BSNL owned CPE repairing/replacement will be provided by BSNL to bidder]. However in the case of the Direct DP (without any pillar), the responsibility for Maintenance and provisioning of landline and Broadband network will be at the part of bidder from MDF to customer Premises.
1.11 The scope of works shall broadly consist of following: 1) Maintenance of Customer Access Network includes a) Attending all types of faults in Customer Access Network such as drop-wire break and Drop cable break-down, overhead cable break, foreign voltage faults, cleaning the joints in overhead lines and changing the wires, cables, DP Tag blocks faults etc. b) Attending all types of cable faults from 5 pair cable to higher size such as Underground cable break, foreign voltage, earth fault set, faults at pillar and end to end testing. c) Testing/jumpering at the MDF for fault repair, pair change, new LL/BB connections. d) Clearing of fault dockets in the system after clearing of the faults. e) Attending the Broadband fault at the customer premises including configuration of CPE related issues. f) Attending ISDN PRI/Leased Circuits/SIP Trunk copper cable faults and all other services running on Customer Access Network 1.12 Maintenance of Local Access Network a) Maintenance and Laying of UG Copper Cable from MDF to Last Pillar.
2) Provision of new Landline connections to the customers. 3) Provision of New Broadband connections on existing Landline 4) Provision of New Broadband connections with new Landline 5) Shifting of landline and broadband connection 6) Provisioning of New ISDN PRI/Leased Circuits/SIP Trunk on copper media 7) All stores shall be supplied and installed by bidder at own cost, except 50 pair & above UG cables and associated accessories of 50 pair & above UG cables. These cost will be borne by bidder and BSNL will not make any payment for these stores items. 41/81 Digitally Signed by Bidder
GMTD-BR/PLG/Semi-Urban/Outsourcing/O&M/BTS/TE/Copper NW/2020-21/BDU/
8) All stores related to the Maintenance of telecom external plant from the last pillar/cabinet to the customer terminal viz. Drop-wire. 5 pair cable, 10 pair cable, 20 pair cable, jointing kits and its Accessories, Jumper wires, DP Tag blocks and other subscriber end line materials be supplied by the successful bidder. 9) Storing Packing and transportation of materials shall be done by the bidder. 10) Packing and freight charges if any for taking out and return of BSNL provided items like 50 Pair cable and associated accessories etc. shall be borne by the bidder. 11) The Semi Urban cluster policy is applicable to only those Urban/Semi-Urban areas, which are having less than 3000 working lines cluster size for NON-SSA HQ SDCAs and those SSA HQ SDCAs where total working lines in SSA are below 5000 working lines. 12) Material used / provided by out sourced agency for maintenance and provisioning shall become the property of BSNL. 13. Already damaged under ground copper network, which are commercially viable may be revived by BSNL as approved by BA Head/Circle Head on case to case basis before handing over to approved outsourcing agency/vendor. 14. MTTR is for faults between last Pillar and Customer Premises i.e. Customer Access Network, However Local Access (MDF to Pillar UG Cable) UG cable Fault will not be counted in MTTR in case of left out Urban Only. 15. MTTR and repeat fault penalty in case of DSLAM failure or Cable Fault from MDF to Pillar ( in left out Urban Area) or other departmental reasons will be excluded from the approved bidder scope . Also, zero reading case booked by ITPC will not be counted for repeat fault and MTTR Calculation and this will be taken care by APP (developed by ITPC). 16. All the faults made over to bidder (through APP) after 17:00 Hrs , the time beyond 8 PM to next morning 8 AM will not be counted in MTTR for first 24 Hours. In all other cases, MTTR will be counted between the time, faults made over to approved bidder and the time fault is cleared by approved bidder. 16. Delay due to National calamity other uncontrollable reason shall be excluded by ITPC after receiving the approval of BA Head prior to generation of Performa Invoice as a force majeure case. 17. No expansion of copper Network/UG cable network to be done under this outsourcing contract. If approved outsourcing agency wants to lay cable for financially viable cases then they can lay the UG copper Cable on their own cost. Any Material will be not given by BSNL for such cases. 18 The cost of modem /Telephone Instrument will be borne by customer, whether it is purchased from market or purchased through bidder or BSNL owned. 19. If any theft of material happens then it will be the responsibility accordingly to deliverables of materials as per policy (i.e. approved contractor for everything except 50 pair and above copper cable). 20. The communication ( for maintenance of network and new provisioning) between BSNL and the approved outsourcing agency shall be through APP)/ Desktop software on order to minimize the down time for customer complaints and eliminates manual interaction. 21. Charges for the providing new telephone connection can be consider only on payment of first bill by the subscriber. 22. The decision of declaring a location/area as TNF will rest with contractor. However BA shall review all TNF cases with reasons assigned by contractor. 23. This outsourcing contract is for work contract only and being a work contract relevant clause of law only will apply. 24. One cluster will have only one successful bidder. 25. If fault is booked on Friday evening in case of Govt. offices, then docket may be cleared with remarks of customer premises is closed. 26. Cluster wise bidder is to be selected. The contract to one bidder should not exceed 70% of the total working lines of SSA to ensure minimum two bidders in the BA. If there are 3 cluster in the BA, then 1 cluster may be given to L2 bidder (on L1 Rate). The choice of dropping the cluster will rest with successful L1 bidder.
42/81 Digitally Signed by Bidder
GMTD-BR/PLG/Semi-Urban/Outsourcing/O&M/BTS/TE/Copper NW/2020-21/BDU/
(B) Mobile Access Equipment Maintenance 1.1 Mobile Access Equipment Maintenance ( For BSNL /N - BSNL/ IP Sites ) i. All BTS related alarm need to be made functional and to be extended upto OMCR within three month. (Penalty of Rs 50 per day per site for one month) ii. Prompt action (within 1 hour in city and 12 hour s in Rural) on receipt of instructions (by call or by SMS) from concerned officer regarding manual assistance in rectification of alarms/faults in site. In case of no action in accepted time line Penalty per hour at the rate of Rs 10 per hour per site) iii. Air filter cleaning in BTS/ Node B/ e-Node B, every month and entry in log book of site. iv. 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. v. In case of Mini Link/ OFC failure, details of visual alarm noticed to be communicated to the mainte nanc e In-charge. vi. For prolonged failure of Electricity as intimated by BSNL officer, Coordination for restoration of EB in consultation with BSNL Site/ IP In charge. vii. To check Earth Connectivity is available at BTS/ Node B. viii. The field staff being deployed should be prov ided with 2 SIMs one of BSNL & other from private TSPs for communication when BTS site is down. ix. Any BSNL OFC breakdown en-route to be intimated to site incharge for prompt restoration of OFC fault. x. Site 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. xi. 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 in every 3 days will be treated as single instance . xii. Maintaining EMF related boards and help in pr oviding data for B iennial submission of EMF Radiation. xiii. Antenna Orientation & Tilt as per requirement for optimization. xiv. VSWR fault rectification per sector (includes reconnectorization, jumper cable change & weather proof ing) xv. Checking & correction of RF cable swap, L-1 antenna at RRH, removal of bird/honey bee/wasp nest xvi. Any other activity with minor modification in RF as per guidance of BSNL xvii. Non-completion of ordered rigger activity within 3 days of intimation will be taken as minor performance deviation. Every one week delay will be treated as one instance. xviii. Each Minor performance deviation will result in penalty of Rs 50 except in case the deviation is because of BSNL reasons. xix. Assistance in handling of minor store items. xx. Site wise capping of 12% is applicable in respect of minor performance deviation / sit e upkeep activities. xxi. Penalties being charged for Major Performance Deviations attributable to the bidder will be capped to 12% of the total contracted value for the services of the relevant invoice period. xxii. If the total penalties reaching the capping limit consecutively for three months, BSNL 43/81 Digitally Signed by Bidder
GMTD-BR/PLG/Semi-Urban/Outsourcing/O&M/BTS/TE/Copper NW/2020-21/BDU/ will have the right to terminate the contract of the concerned SSA without any further notice. xxiii. If any fraudulent activity by the personnel deployed is detected by BSNL authorized personnel/officer, then the bidder 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 service provider’s bill. This will be over and above the other penalties and will not be subject to capping if any. xxiv. 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 SP. xxv. RF optimization/Mini-link antenna alignment & ODU replacement in case of fault .
(C) Mobile Infrastructure Maintenance and Rural Exchange Maintenance & Upkeep including all materials
1.1 Infrastructure Maintenance ( N-BSNL Sites of rural area in Addition to Mobile Access Equipment Maintenance) These are the sites housing Mobile sites/Rural Exchanges (2G and/or 3G and/or 4G and Rural Telephone Exchange) or a combination of them for keeping them in working condition. Maintenance of Mobile site/Rural Exchange 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. a. Ensure working of Power plant alarms with OMC-R. (Penalty of Rs 8 per day per site for one month) b. Prompt action (within 1 hour in city and 12 hours in Rural) on receipt of instructions (by call or by SMS) from conc erned officer regarding manual assistance in rectification of alarms/faults in site. In case of no action in accepted time line (Penalty per hour at the rate of Rs 5 per hour per site) c. 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. d. Periodically check-up power plant modules working, load sharing and ensuring sufficient Modules are available for Equipment in consultation with Site Incharge and Charging of Battery. e. Tightening of all nuts /screws in interconnecting point of power cable from EB panel board to each equipment, once in three months. f. To ensure the control card is functioning properly so that battery do not go to deep discharge. g. 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 prior ity. h. Conducting Battery Backup test with Existing Load at least in quarterly & record the same in Log Book. i. 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.
44/81 Digitally Signed by Bidder
GMTD-BR/PLG/Semi-Urban/Outsourcing/O&M/BTS/TE/Copper NW/2020-21/BDU/ j. 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 r esulting 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. k. Bidder has to provide related testing equipments to discharge the functions listed. l. 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 sites in open areas. All tools & Cleaning material to be provided by the bidder. m. Routine check of free cooling systems available at site and DG set and other Equipments and recor d 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. n. Running of DG sets as requir ed. o. Assisting in Diesel filling in the DG Set available at the site. p. Up to 24 hrs of reporting of non-compliance related to above specific instance will be treated as 1 minor dev iation and further non completion of activity in every 3 days will b e treated as single instance . q. Site wise capping of 12% is applicable in respect of minor performance deviations / site upkeep activities. r. Penalties being charged for Major Performance Deviations attributable to the bidder will be capped to 12% of the total contracted value for the services of the relevant invoice period. s. If the total penalties reaching the capping limit consecutively for three months, BSNL will have the right to terminate the contract of the concerned SSA without any further notice. t. If any fraudulent activity by the personnel deployed is detected by BSNL authorized personnel/officer, then the bidder 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 service provider’s bill. This will be over and above the other penalties and will not be subject to capping if any. u. 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 SP.
(D) Maintenance & Upkeep of standalone/collocated Rural Telephone Exchange All activities related to Maintenance of exchange equipment, DSLAM, transmission equipments, USO WiFi Hot Spots & other Exchange equipments etc. to keep the exchange site in working state.
The maintenance of Rural Exchanges will include maintenance of Landline Exchange, DSLAM, transmission equipments, USO WiFi Hot Spots & other Exchange equipments etc. for keeping the equipments in working condition. Maintenance of Exchange for keeping site in working condition. It will include general maintenance of exchange site like sweeping, cleaning, security and upkeep of all type of equipments including exchange, transmission equipment, DG, power plant and battery etc. Prompt action (within 06 hours) on receipt of instructions (by call or by SMS) from concerned officer regarding manual assistance in rectification of alarms/faults in Exchange, DSLAM & other equipments. In case of no action in accepted time line, Penalty per hour at the rate of Rs 10/- per hour per site) Due to heavy dust, temperature of exchange increases and efficiency degrades. Hence, 45/81 Digitally Signed by Bidder
GMTD-BR/PLG/Semi-Urban/Outsourcing/O&M/BTS/TE/Copper NW/2020-21/BDU/ cleaning of all types of Exchange equipment & other infrastructure need to be carried out. This should be done using proper tools including vacuum cleaner and under supervision. In case of exchange outages due to control card faults, replace the faulty items with the spare module /cards as per instructions of BSNL exchange in charge. Replace the faulty items with the spare cards available from normal spare availability location or from nearby sites as directed. For prolonged failure of Electricity as intimated by BSNL officer, Coordination for restoration of EB in consultation with BSNL exchange in char ge. To check Earth Connectivity is available at Exchange. To install the GD tubes and splitters as per instruction of in-charge. To assists the Tx. team OFC fault maintenance & providing loop etc. Exchange failure due to unsatisfactory support in Site upkeep activities which leads to prolonged outage for more than 48 Hours will be treated as major deviation and penalty @ Rs 50/- per hour. 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 in every 3 days will be treated as single instance. Each Minor performance deviation will result in penalty of Rs 50/ - except in case the deviation is because of BSNL reasons. Assistance in handling of minor store items. Penalt ies being char ged for Minor Performance Deviations attributable to the bidder will be capped to 06 % of the total contracted value for the services of the relevant invoice period. Penalt ies being charged for Major Performance Deviations attributable to the bidder will be capped to 12% of the total contracted value for the servic es of the relevant invoice per iod. If the total penalties reaching the capping limit consecutively for three months, BSNL will have the right to terminate the contract of the concerned SSA without any further notice. If any fraudulent activity by the personnel deployed is detected by BSNL authorized personnel/officer, then the bidder 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 act ual, from the service provider’s bill. This will be over and above the other penalties and will not be subject to capping if any. Routine check of Exchange & other equipments and record the same in log book as per the instructions given in the log book. Reporting of any alarms/faults/untoward incident to the concerned officer should be done as and when the maintenance person visits the site. Assistance to transmission media team for extension of loop test, observation of alarm indicators, giving reset etc for troubleshooting shall be done.
46/81 Digitally Signed by Bidder
GMTD-BR/PLG/Semi-Urban/Outsourcing/O&M/BTS/TE/Copper NW/2020-21/BDU/
3.3 Name of BTSs/TEs Sites and Quantum of Works for Outsourcing for Maintenance & Provisioning of Copper Network in Semi Urban Cluster (Left out Urban, Semi-Urban and Rural TEs), Mobile Access Equipment Maintenance (MAEM) (BSNL/N-BSNL/IP sites), Mobile Infrastructure Maintenance (MIM) (N- BSNL), Rural Exchange Maintenance & Upkeep (BSNL) in Budaun SSA as on 12.06.2020.
CLUSTER NAME :- CI (Semi –Urban) Budaun SSA for Outsource Copper Network
Sr. SDCA BTS Name Site No. No. No. MAEM MAEM & MAEM i.r.o No of of of (BSNL/ MIM (N- co located LL BB LC N-BSNL/ BSNL) Rural BSNL IP) (SSA excluding BTS along HQ+SDC SSA with REMU A HQ+5 HQ+SDCA KM with HQ+5 km the city within Limit) City Dataganj ALAPUR 2 8 4 1 BSNL Y Bisauli ASAFPUR 1 3 4 2 BSNL Y Budaun BUDAUN 247 269 46 3 BSNL Y Bilsi BILSI 15 36 11 4 BSNL Y Budaun BINAWAR 3 3 3 5 BSNL Y Babrala BABRALA 6 14 9 6 BSNL Y Bisauli BISAULI 8 36 11 7 BSNL Y Budaun RSU CIVIL LINES 75 99 8 8 BSNL Y Dataganj DATAGANJ 12 31 13 9 BSNL Y Bilsi DAHGAWAN 9 5 5 10 BSNL Y Babrala GUNNAUR 10 16 7 11 BSNL Y Dataganj HAZRATPUR 2 1 2 12 BSNL Y Bisauli ISLAMNAGAR 2 5 4 13 BSNL Y Dataganj JHUKSA TE 1 4 4 14 BSNL Babrala JUNAWAI 1 1 3 15 BSNL Y Budaun KADAR CHOWK 4 3 5 16 BSNL Y Budaun KACHHLA 3 3 4 17 BSNL Y Dataganj KAKRALA 10 8 3 18 BSNL Y Budaun KUNWARGAON 2 1 5 19 BSNL Y Dataganj MIAUN 2 6 6 20 BSNL Y Bisauli RUDAIN 2 2 2 21 BSNL Y Babrala RAJPURA 3 4 6 22 BSNL Y Budaun RSU ISLAMIA 44 97 8 23 BSNL Y Bisauli SAIDPUR 2 3 2 24 BSNL Y Dataganj SAKHANU 7 8 3 25 BSNL Y Bilsi SOLANKINAGAR 2 2 2 26 BSNL Y Bilsi SAHASWAN 20 23 13 27 BSNL Y Babrala TCL BABRALA 2 27 1 28 BSNL Y Budaun UJHANI 88 70 15 29 BSNL Y Dataganj USAWAN 2 4 3 30 BSNL Y Dataganj USHAIT 2 6 4 31 BSNL Y Bisauli WAZIRGANJ 2 5 5 32 BSNL Y 47/81 Digitally Signed by Bidder
GMTD-BR/PLG/Semi-Urban/Outsourcing/O&M/BTS/TE/Copper NW/2020-21/BDU/ Bilsi UGHAITI 2 1 2 33 BSNL Y Bisauli MUDIA DHUREKI 3 1 34 BSNL Y Babrala GAWAN 3 35 BSNL Y Bisauli DABTORI 2 36 NBSNL Y Dataganj GULARIA 1 37 NBSNL Y Bilsi KHITORA 2 38 NBSNL Y Dataganj KATRASADAT GANJ 2 39 NBSNL Y Bisauli KARANPUR 40 NBSNL Y Bilsi NADAYAL 1 41 NBSNL Y Bilsi NAGARJUNA 42 NBSNL Y Bilsi NADHA 2 43 NBSNL Y Babrala Dhanari (Bhakroli) BTS 44 NBSNL Y Dhanaripatti Balu Shankar BTS 45 Babrala NBSNL Y Babrala Gunnaur-2 BTS 46 NBSNL Y Budaun Banei BTS 47 NBSNL Y Core Team Halwai Chauk BTS 48 NBSNL Y Core Team Indra chowk BTS 49 NBSNL Y Core Team Jogipura BTS 50 NBSNL Y Core Team Kabulpura BTS 51 NBSNL Y Core Team Lalpul BTS 52 NBSNL Y Core Team Nabada Chowk BTS 53 NBSNL Y Core Team Salarpur BTS 1 54 NBSNL Y Core Team Shekhupur BTS 55 NBSNL Y Core Team Bahedi BTS 56 NBSNL Y Core Team Vikas Bhavan BTS 57 NBSNL Y Bilsi Ahmad Nagra Asoli BTS 58 NBSNL Y Bilsi Bansbaraulia BTS 59 NBSNL Y Bilsi Bilsi-2 BTS 60 NBSNL Y Bilsi Kariyamai BTS 61 NBSNL Y Bilsi Khandua BTS 62 NBSNL Y Bilsi Kolhai BTS 63 NBSNL Y Bilsi Mirzapur Shohra BTS 64 NBSNL Y Bilsi Pusgwan BTS 65 NBSNL Y Bilsi Rasoolpur Kalan BTS 66 NBSNL Y Bilsi Reonae Dalae BTS 67 NBSNL Y Bilsi Risoli BTS 68 NBSNL Y Bilsi Sahaswan-2 BTS 69 NBSNL Y Bilsi Zarif Nagar Durgpur BTS 70 NBSNL Y Bisauli Bagrain BTS 71 NBSNL Y Bisauli Barour Amanullapur BTS 72 NBSNL Y Bisauli Bisauli-2 BTS 73 NBSNL Y Bisauli Chandoi BTS 74 NBSNL Y Bisauli Faij Ganj Behta BTS 75 NBSNL Y Bisauli Hatra BTS 76 NBSNL Y 48/81 Digitally Signed by Bidder
GMTD-BR/PLG/Semi-Urban/Outsourcing/O&M/BTS/TE/Copper NW/2020-21/BDU/ Bisauli Parvejnagar BTS 77 NBSNL Y Bisauli Sikari BTS 78 NBSNL Y Dataganj Bachi Jhajhrau BTS 79 NBSNL Y Dataganj Dataganj -2 BTS 80 NBSNL Y Dataganj Hasanpur BTS 81 NBSNL Y Dataganj Jamalpur BTS 82 NBSNL Y Dataganj Jhuksa BTS 83 NBSNL Y Dataganj Kaman BTS 84 NBSNL Y Dataganj Kheda Jalalpur Pukhta BTS 85 NBSNL Y Dataganj Sisaina Gosain BTS 86 NBSNL Y 87 Dataganj Saijini BTS NBSNL Y 88 Budaun Rionaia BTS NBSNL Y 89 Budaun Sanjarpur Baljit BTS NBSNL Y 90 Budaun Ujhani-2 BTS NBSNL Y 91 Babrala Bairpur IP Y 92 Bilsi Behtagusain IP Y 93 Budaun BhooraBhadraul IP Y 94 Babrala FaizganjKartoli IP Y 95 Babrala Isampurtanda IP Y 96 Core Team Mandi Samiti IP Y 97 Core Team PathikChawk IP Y 98 Dataganj Rijola IP Y 99 Bilsi Sarai Bhagoli IP Y Total 596 804 238 0 0 0
Also, For Maintenance & Upkeep of standalone Rural exchanges 01 no of site has been considered for future need/rate call and Hiring of specialized rigger activities 06 nos has been considered for decommissioning/ installation of mini-link & BTS antenna for new/ shifting cases on need basis.
The above no of TE/BTS works is estimated quantity, However the work order will be placed as per the actual requirement of BSNL at that time.
49/81 Digitally Signed by Bidder
GMTD-BR/PLG/Semi-Urban/Outsourcing/O&M/BTS/TE/Copper NW/2020-21/BDU/
Section –VII PART A
BID FORM / Questionnaire
To From, AGM(PLG) ……………………………………… O/O GNTD Bharat Sanchar Nigam Limited, ……………………………………… CTO Compound Cantt Area, ………………………………………. Bareilly -243001. ……………………………………
Bidder’s Reference No:……………....………………… …Dated…………………….
Ref: Your Tender Enquiry No. …..……………………………………………….dated …………………
1. Having examined the above mentioned tender enquiry document including amendment/ clarification/ addenda Nos...... dated …………….. ……………the receipt of which is hereby duly acknowledged, we, the undersigned, offer to execute the work/service of ...... 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 Digitally signed and prepared so as to prevent any subsequent alteration and replacement.
3. We agree to abide by this Bid for a period of 150 days from the date fixed for Bid opening or for subsequently extended period, if any, agreed to by us. This bid shall remain binding upon us up to the aforesaid period.
4. We understand that you are not bound to accept the lowest or any bid, you may receive.
5. If our Bid is accepted, we will provide you with a performance guarantee & security deposit as per bid document thereof.
6. If our Bid is accepted, we undertake to complete the works and perform all the services specified in the contract in accordance with the contract terms and conditions.
7. Until a formal Work Order of Contract is prepared and executed, this Bid together with your written acceptance thereof in your notification of award shall constitute a binding contract between us. 8. Detail of Demand Draft submitted for Bid security(EMD) is as follows:-
Sl. No. DD Amount Name of Bank Branch No
Dated: ...... day of ...... 20…
Signature ………………………….
Witness Name …………………………….. Signature…………………………. In the capacity of …………………………. Name …………………………….. Duly authorized to sign the bid for and on Address ...... behalf of ......
50/81 Digitally Signed by Bidder
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SECTION-VII PART B
TENDERER’S PROFILE General: PASTE Passport size Photograph of The tenderer/Authorized Signatory 1. Name of the tenderer/firm………………… …………….... Holding power Of Attorney a. Name of the person submitting the tender whose Photograph is affixed ...... (In case of Proprietary/Partnership firms, the tender has to be signed by the Proprietor/Partner only, as the case may be) 2. Address of the firm:- ………………………………………………………………………………………………………………………..… 3. Tele. No. (with STD code) (O)……………………….……(Fax)……………..………(R)…………...... 4. Mob No…………………...... Email ID…………………………….………………….
5. Registration & in BSNL particulars of the firm:
(i) Proprietorship (ii) Partnership (iii) Private Limited (iv) Public Limited (Please attach attested copies of documents of registration/in BSNL of your firm with the competent authority as required by business law)
6. Name of Proprietor/Partners/Directors…………………………………………………………………..……. ………………………………………………………………………………………………………………… 7. Tenderer‟s bank, its address and his current account number along with IFSC code
……………………………………………………………………………………………………………………………
8. Any other information/ documents, which may help in assessing tenderer‟s abilities
1. EPF Regn. No.______2.ESI Regn. No.______
3.PAN No.______GSTNo.______
4. ERP Code of Bidder (UP West BSNL) (If available)______I/We hereby declare that the information furnished above is true & correct. Place: Date: Signature & seal of tenderer/Authorized signatory………… Name of the tenderer …………………………………………………
51/81 Digitally Signed by Bidder
GMTD-BR/PLG/Semi-Urban/Outsourcing/O&M/BTS/TE/Copper NW/2020-21/BDU/ Section –VIII
(A) PERFORMA FOR PERFORMANCE SECURITY BOND / BANK GUARENTEE (To be furnished on non-judicial stamp paper of Rupees 100/-)
Tender No:- ……………………………………………………………………………………………. Name of Tender :- …………………………………………………………………………………………..
1. In consideration of Bharat Sanchar Nigam Ltd., New Delhi (here in after called the BSNL, New Delhi) having agreed to exempt ______(here in after called the said Service Provider(S) from the demand of security deposit/ earnest money of Rs. ______on production of Bank Guarantee for Rs. ______For the due fulfillment by the said Service Providers of the terms & conditions to be contained in an Agreement in connection with the contract for supply of ______we, (name of the bank) ______(here in after referred to as “the Bank”) at the request of ______Service Provider’s do hereby undertake to pay to the BSNL, ______an amount of not exceeding ______, against any loss or damage caused to or suffered or would be caused to or suffered by the BSNL, ______by reason of any breach by the said Service Provider’s of any of the terms & conditions contained in the said agreement.
2. We (name of 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 damages caused to or would be caused to or suffered by the BSNL, ______reason of breach by the said Service Provider’s of any of the terms & conditions contained in the said agreement or by reason of the Service Providers 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 Rs. ______.
3. We undertake to pay to the BSNL, ______any money so demanded not withstanding any disputes raised by the Service Provider(s)/supplier(s) in any suit or proceeding pending before any court or tribunal relating there to our liability under the present being absolute and equivocal. The payment so made by us under this bond shall be valid discharge of our liability for payment there under and the Service Provider(s)/ supplier(s) shall have no claim against us for making such payment.
4. We (name of the bank) ______further agree that the guarantee herein contained shall remain in full force and effect immediately for a period of one year from date herein and further agrees to extend the same from time to time (one year after) so 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 & conditions of the said agreement have been fully and properly carried out by the said Service Provider(s) and accordingly discharges this guarantee.
5. We (name of 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 here under to vary and of the terms & conditions of the said agreement or to extend time of performance by the said contactor(s) from time to time or to postpone for any time to time any of the powers exercisable by the BSNL, ______against the said Service Provider(s) and to forbear or enforce any of the terms & 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 Service Provider(s) or for any forbearance, and or any omission on the part of the BSNL, ______or any indulgence by the BSNL, ______to the said Service Provider(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. This guarantee will not be discharged due to the change in the constitution of the Bank or the Service Provider(s) / supplier(s).
7. This guarantee shall be irrevocable and the obligations of the Bank herein shall not be conditional to any prior notice by BSNL. Dated : ______For ______(Indicating the name of the bank)
N.B. This guarantee should be issued on non-judicial stamped paper, stamped in accordance with the stamp act.
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(B) PERFORMA FOR MATERIAL SECURITY BOND
Whereas...... (hereinafter called “the contractor”) has been awarded the contract of ……………………………………………………………………… as per tender number......
Know all men by these present that we...... of...... having our registered office at ...... (hereinafter called the “the contractor”) are bound unto...... (hereinafter called “BSNL”). In the sum of...... for which payment will and truly to be made of the said Department, the Bank binds itself, its successors and assigns by these parties.
THE CONDITIONS of the obligation are:
If the contractor is unable to keep stores issued to him, i.e. the store provided to the contractor, by the BSNL are damaged or The stores issued to the contractor by the BSNL are stolen or The contractor is not able to provide proper account of the stores issued to him/her by the BSNL.
We undertake to pay to the BSNL up to the above amount upon receipt of its first written demand without the BSNL having to substantiate its demand, provided that in its demand, the BSNL will note that the amount claimed by it is due to it owing to the occurrence of one or two or all of three conditions specifying the occurred condition or conditions.
This guarantee will remain in force up to and including One hundred and Eighty (180) days after the Period of Contract validity, and any demand in respect thereof should reach in Bank not later than the above date.
Signature of the Bank
Signature of the Witness
Name of Witness
Address of Witness
53/81 Digitally Signed by Bidder
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(C) PROFORMA For the BID SECURITY/ EMD Guarantee (To be typed on Rs.100/- non-judicial stamp paper) Sub: Bid Security/EMD guarantee.
1. Whereas M/s ……………………………R/o ……………… ………… ……………………………………… (Hereafter referred to as Bidder) has approached us for giving Bank Guarantee of Rs. ……………………/- (hereafter known as the “B. G. Amount”) valid up to …../……/ 20….. (hereafter known as the “Validity date”) in favour of AO(Cash) O/O GMTD BSNL Bareilly (Hereafter referred to BSNL) for participation in the tender of work of …………………………………………….. vide tender no. …………………………………. Now at the request of the Bidder, We ……………………………………… Bank …………………………Branch having ………………………………………… ………. .………………………………… …. (Address) and Regd. office address as ……… ………...……………………………………………………………………… ……… ……… …………… (Hereinafter called ‘the Bank”) agrees to give this guarantee as hereinafter contained: 2. We the Bank do hereby undertake to pay the amounts due and payable under this guarantee without any demur, merely on a demand from the BSNL stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the BSNL by reason of breach by the said bidder(s) of any of terms or conditions contained in the said Agreement or by reason of the bidder (s) failure to perform the said Agreement. Any such demand made on the bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee where the decision of the BSNL in these counts shall be final and binding on the bank. However, our liability under this guarantee shall be restricted to an amount not exceeding the “B. G. Amount”. 3. We undertake to pay to the BSNL any money so demanded notwithstanding any dispute or disputes raised by the bidder(s) in any suit or proceeding before any court or tribunal relating thereto our liability under this present being absolute and unequivocal. The Payment so made by us under this bond shall be valid discharge of our liability for payment there under and the bidder(s) shall have no claim against us for making such payment. 4. We the Bank further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said agreement and that it shall continue to be enforceable till all the dues of the BSNL under or by virtue of the said Agreement have been fully paid and its claims satisfied or discharged or till BSNL Certifies that the terms and conditions of the said Agreement have been fully and properly carried out by the said bidder(s) and accordingly discharge this guarantee. Unless a demand or claim under this guarantee is made on us in writing or before the expiry of Validity date from the date hereof, we shall be discharged from all liability under this guarantee thereafter. 5. We the Bank further agree with the BSNL that the BSNL shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said Agreement or to extend time of performance by the said bidder(s) from time to time or to postpone for any time or from time to time any of the powers exercisable by the BSNL against the said bidder(s) and to forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason of any such variation, or extension being granted to the said Bidder(s) or for any forbearance, act or omission on the part of the BSNL or any indulgence by the BSNL to the said bidder(s) or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us. 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) O/o GMTD BSNL Bareilly. 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 ……………………………… 54/81 Digitally Signed by Bidder
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Section –IX
LETTER OF AUTHORISATION FOR ATTENDING BID OPENING (To reach on______or before date of bid opening)
To
The GMTD BSNL Bareilly.
Subject – Authorization for attending bid opening on ______(date) in the Tender of ______.
Following persons are hereby authorized to attend the bid opening for the tender mentioned above on behalf of ______(Bidder) in order of preference given below.
Order of Preference Name Specimen Signature
I.
II.
Alternate Representative
Signature of bidder Or Officer authorized to sign the bid Documents on behalf of the bidder
Note: 1. Maximum of two representatives will be permitted to attend bid opening. In cases where it is restricted to one, first preference will be allowed. Alternate representative will be permitted when regular representatives are not able to attend.
2. Permission for entry to the hall where bids are opened may be refused in case authorization as prescribed above is not received.
55/81 Digitally Signed by Bidder
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Section – X AGREEMENT FORMAT The successful tenderer shall have to execute the following agreement: This agreement made on this ...... day of (month)...... (year)...... between M/s...... hereinafter called “The contractor” (which expression shall unless excluded by or repugnant to the context or meaning thereof, include its successors, heir, executors, administrative, representative and assignee) of the one part & the BHARAT SANCHAR NIGAM LIMITED hereinafter called “BSNL” (which expression shall unless excluded by or repugnant to the context or meaning thereof, include its successors, heir, executors, administrative, representative and assignee) of other part.
Whereas the contractor has offered to enter into contract with the said BSNL for the execution of work of “………………………………………………….” in Bareilly SSA on the terms and conditions herein contained and the rates approved by the BSNL (copy of rates annexed) have been duly accepted and whereas the necessary security deposits in the form of Bank Guarantee(BG)/Demand Draft(DD) vide BG/DD No. ……………dated……… in favour of AO(cash), O/o GMTD BSNL Bareilly payable at Bareillyhave been furnished in accordance with the provisions of the tender documents and whereas no interest shall be claimed on the security deposits. Now these presents witness and it is hereby agreed and declared by and between the parties to these presents as follows: 1) The contractor shall, during the period of this contract that is to say from ...... to...... or completion of work of approved cost for Rs...... (in words)...... whichever is earlier or until this contract shall be determined by such notice as in hereinafter mentioned, safely carryout works of “………………………………………“by means of labours/employee employed at his own expenses and by means of tools, implements and equipments etc. to be supplied by him to his labour/employee at his own expenses, as described in tender documents (annexed to the agreement), when the BSNL or the GMTD, Bareilly or any other persons authorized by the GMTD, Bareillyin that behalf require. It is understood by the contractor that the quantity of work mentioned on the schedule is likely to change as per actual requirements as demanded by exigencies of service. 2) The NIT (Notice Inviting Tender), Bid Documents (Qualifying and Financial), letter of intent, approved rates, annexed hereto and such other additional particulars, instructions, drawings, work orders as may be found requisite to be given during execution of the work shall be deemed and taken to be an integral part of the contract and shall also be deemed to be included in the expression “The Agreement” or “The Contract” wherever herein used. 3) The contractor shall also supply the requisite number of workmen with means & materials as well as tools, appliances, machines, implements, vehicles for transportation, cottage etc. required for the proper execution of work within the time prescribed in the work orders. 4) The contractor hereby declares that nobody connected with or in the employment of the BSNL/Department of Telecommunications/DTS is not/shall not ever be admitted as partner in the contract. 5) The contractor shall abide by the terms and conditions, rules, guidelines, construction practices, safety precautions etc. stipulated in the tender documents including any correspondence between the contractor and the BSNL having bearing on execution of work and payments of works to be done under the contract. 6) This Contract is subject to jurisdiction of Court at Bareilly. In witness whereof the parties present have been here into set their respective hands and seals the day and year in...... Above written: Signed sealed & Delivered by the above named Contractor in the presence of. Witness: 1.
2. Signed & Delivered on behalf Of BSNL
Witness: 1. 2.
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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 i ts own proprietary information,but not less than reasonable care, taking into account the nature of the Information , and shall grant access to Information only to its employees who have a need to know , but only to the extent necessary to carry out the business purpose of this project as defined in exhibit A, shall cause its employees to comply with the provisions of this Agreement applicable to the receiving party, shall reproduce Information only to the extent essential to fulfilling the Purpose, and shall prevent disclosure of Information to third parties. The receiving party, may, however, disclose the Information to its consultants and contractors with a need to know; provided that by doing so, the receiving party agrees to bind those consultants and contractors to terms at least as restrictive a s 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 ce rtify 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 cont ents of the Information.
1. 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
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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 secu re 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. 2. 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 confident iality 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. 3. Upon the disclosing party's request, the receiving party will promptly return to the disclosing party's Confidential Information all copies thereof. 4. 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. 2) 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 n ot copy the substance of the Information during the Confidentiality Period. Furthermore, nothing contained herein shall be construed as imposing any restriction on the receivin g party's personnel under this Agreement, if such disclosure and use would be re garded by a person of ordinary skill in the relevant area as not constituting a disclosure or use of the Information. 3) 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 th is Agreement does not constitute or
58/81 Digitally Signed by Bidder
GMTD-BR/PLG/Semi-Urban/Outsourcing/O&M/BTS/TE/Copper NW/2020-21/BDU/ 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.
4) 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. 5) This Agreement will be construed in, interpreted and applied in accordance with the laws of India. 6) 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, UPW 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, UPW 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. 7) 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 hereunde r 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. 8) 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 i n 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
Exhibit A to Non Disclosure Agreement (NDA) 1. Business Purpose: Outsourcing of BTS/TE Maintenance and upkeep including RF Optimization and Rigger Activities) at TE/ Mobile GSM BTS sites in ZONE- ( SSAs) areas of BSNL, UPW 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 – XI
CERTIFICATE
(On Non judicial stamp paper of Rs.10/- duly notarized) Declaration Regarding Non Relationship with BSNL Employees
I/We hereby declare that none of my/our relatives are employed in any capacity in any of the unit of BHARAT SANCHAR NIGM LIMITED. I/We shall also intimate the name of the person(s) who is/are working with us in any capacity or is/are subsequently employed by us and who are near relatives to any Officer in BHARAT SANCHAR NIGM LIMITED. I/We am/are aware that any breach of this condition would result in immediate termination of contract/cancellation of the existing contract/contracts and also forfeiting of my/our security deposit held by BSNL Telecom District. NOTE: 1: The term” Near Relatives” means (a) Member of a Hindu undivided family. (b) They are husband and wife. (c) Any one related to other in this matter as father, mother, son(s) and 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). In case of proprietorship firm, the certificate will be given by the proprietor, in case of partnership by all the partners and in case of company (Private or Ltd.) by all the Directors of the company.
Signature of Bidder Name of Bidder:- (Capacity in which Signing) Station: - Date:-
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Section – XII PART A
UNDERTAKING & DECLARATION
For understanding and agreeing with the terms & condition of Tender & Spec. of work a) Certified that:
1. I/ We ……………………………………. have read, understood and agree with all the terms and conditions included in the tender documents & offer to execute the work as per tender terms & conditions (without any deviation) and at the rates quoted by us in the tender form.
2. If I/ We fail to enter into the agreement & commence the work in time, the EMD/ Performance linked Security Deposit/PBG deposited by us will stand forfeited to the BSNL. b) The tenderer hereby covenants and declares that:
1. All the information, Documents, Photo copies of the Documents/ Certificates enclosed along with the Tender/Bid offer are correct.
2. In case of any correction/ addition/ alterat ion/ omission of the terms & conditions in the tender document, our tender / bid shall be treated as non-responsive and shall be rejected summarily.
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 tender offer/ cancel the LOI/ Purchase/ work order if issued and forfeit the EMD/ Performance linked Security Deposit/ PBG / Bill amount pending with BSNL. In addition, BSNL may debar the contractor from participation in its future tenders.
Date: …………… ………………………………… Signature of Tenderer
Place: …………… Name of Tenderer Along with date & Seal
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Section – XII PART B
DECLARATION
I/We declared that no addition / deletion / corrections have been made in the downloaded tender documents of the tender No………………………………….……………. of Bareilly
SSA being submitted and it is identical to the tender document appearing on the website.
Signature of Bidder
Name of the Bidder (Capacity in which signing)
Station:
Date:
62/81 Digitally Signed by Bidder
GMTD-BR/PLG/Semi-Urban/Outsourcing/O&M/BTS/TE/Copper NW/2020-21/BDU/
Section – XII PART C
DELETED
Section – XII PART D
Indemnity Undertaking As per the Clause ………… of Section………… Part…………
The tenderer/supplier hereby irrevocably agrees to indemnity BSNL that in case input Tax Credit is denied to BSNL due to failure of the tenderer/supplier to comply with the relevant laws/ regulation applicable in India or overseas or due blacklisting of tenderer/supplier by GST authorities, the tenderer/supplier shall reimburse an amount equal to amount payable by BSNL and BSNL reserves the right to recover the same from the tenderer/supplier.
Date: ……………………. Signature of Tenderer.
Place: ……………………. Name of Tenderer: Along with date seal
63/81 Digitally Signed by Bidder
GMTD-BR/PLG/Semi-Urban/Outsourcing/O&M/BTS/TE/Copper NW/2020-21/BDU/
Section – XII PART E
Clause–By–Clause Compliance Statement (As per the Clause ………… of Section………… Part…………) Part–A Sl. No. Clauses Compliance (A) (B) (C) All clauses of TE. No. 1. …..……………………………………………………. Fully Complied ……………………………………………………………………………….
1. The clause-by-clause compliance statement should be given as per clause …………….. of section …………….. part …………….. of Bid document. 2. The bidder should mention ‘FULLY COMPLIED’ in the column ‘C’ above; otherwise a statement of deviation may be submitted as per clause …………….. of Section …………….. Part …………….. of Bid. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> > Deviation Statement (As per the Clause ………… of Section………… Part…………) Part–B Sl. No. Clauses Remarks (A) (B) (C) All clauses of TE. No. 1. …..……………………………………………………. No Deviation ……………………………………………………………………………….
1. The ‘No deviation statement’ be given as per clause …………….. of section …………….. part …………….. of Bid document. 2. The bidder should mention ‘NO DEVIATION’ in the column ‘C’ above; otherwise a statement of deviation may be submitted as per clause …………….. of Section …………….. Part …………….. of Bid.
64/81 Digitally Signed by Bidder
GMTD-BR/PLG/Semi-Urban/Outsourcing/O&M/BTS/TE/Copper NW/2020-21/BDU/
Section – XIII
(On Non judicial stamp paper of Rs.10/- duly notarized)
DECLARATION REGARDING NON BANNED OR BLACKLISTED affidavit (Original) on stamp paper Rs. 10/-
I/We …………………. Proprietor/Partner(s)/Director(s) of M/s …………………..hereby declare that the firm/company namely M/s………………………………………is not blacklisted or debarred in the past by BSNL/MTNL/DOT/Central Govt. department/Central PSUs/Reputed Pvt Ltd Company/Firm from taking part in tender. OR Was blacklisted or debarred by *…………………….from taking part in Government tenders for a period of …………..years w.e.f……………… The period is over on …………………….or going to over on…………….
In case the above information is found false, I/We are fully aware that the tender/contract will be rejected/cancelled by GMTD …………………. and Bid Security/SD shall be forfeited.
In addition to the above GMTD ……………….. will not be responsible to pay the bills for any completed /partially completed works.
Signature of Bidder OR Officer Authorized to sign the bid Documents on behalf of the bidder
Name and address of the firm
65/81 Digitally Signed by Bidder
GMTD-BR/PLG/Semi-Urban/Outsourcing/O&M/BTS/TE/Copper NW/2020-21/BDU/
Section – XIV
PAYMENT INSULATION UNDERTAKING
I/We undertake that I have sufficient capital resources to execute the scope of this tender and will make due payment to our firms labour / employees assigned to execution of the tender
No……………………………………………. in Bareilly SSA as per laws every month insulating it from payments from BSNL. I/We also under take to perform in faithful & efficient manner the work of this tender without linking it to payments from BSNL.
Signature of Bidder
Name of the Bidder (Capacity in which signing)
Station:
Date:
66/81 Digitally Signed by Bidder
GMTD-BR/PLG/Semi-Urban/Outsourcing/O&M/BTS/TE/Copper NW/2020-21/BDU/
SECTION – XV
PROFORMA OF POWER OF ATTORNEY
POWER OF ATTORNEY Be it known all to whom it concerns that: - 1. Shri ______s/o ______residing at ______2. Shri ______s/o ______residing at ______3. Shri ______s/o ______residing at ______
I, the Proprietor/We all the Partners/Directors of M/s ______(Address) ______hereby appoint Shri______s/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 GMTD , BSNL,BAREILLY,CTO COMPOUND ,CANTT.-243001 in connection with their Tender Enquiry No. ______dated ______for the supply of______due for opening on ______. In short he is fully authorized to do all, each and everything requisite for the above purpose concerning M/s______. 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. 1. 2. 2. 3. Accepted
(Signature of Signatory of Tender Offer of the firm) ______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
67/81 Digitally Signed by Bidder
GMTD-BR/PLG/Semi-Urban/Outsourcing/O&M/BTS/TE/Copper NW/2020-21/BDU/
SECTION – XVI
Schedule of Rate /Financial Schedule and Quantum of works
(A). For SLA based Outsourcing for Maintenance & Provisioning of Outdoor Copper Network Under Semi-Urban Cluster Policy (Left out Urban Area, Semi Urban Area and Rural Area)
Basic Price Per Unit * S. N. Type of maintenance work (for Type-1 Activity) Rs.35 (Rs. Thirty Five Only) 1 Monthly maintenance charges for each working LL without BB 1 unit 2 Monthly maintenance charges for each working LL with BB 1 unit +Rs.17/- 3 Monthly maintenance charges for each working ISDN PRI/Leased 1 unit +Rs.70/- Circuits/SIP Trunk 4 MDF related work for each working lines (for cluster size <10K 0.1 5 MDF related work for each working lines (for cluster size >10K 0.07 Excluding GST
S. N. Type of Provisioning work(for Type 1 Activity) Charges 1 Provision of New Land Line Rs.210/- 2 Provision of BB only (on existing Landline) Rs.105/- 3 Provision of New Broadband including new Landline Rs.280/- 4 Provisioning of ISDN PRI/Leased circuits/SIP Trunk on copper Rs.350/-
Additional Incentive for achieving monthly Targets. (for Type 1 Activity) S.N. Type of provisioning work if the gross provisioning of the month is Additional Charges more than or equal to 1.5%*of cluster size ** 1 Provision of New Land Line Rs. 125/- 2 Provision of New Broad Band including new land line Rs. 125/- * Note: No. of lines provisioned will be counted based on no. of only Landlines + No. of Broadband with LL provided in the month. Broadband provisioned in existing Landline will not be counted for calculation of 1.5 %. ** Note : Cluster size ( no. of only LL + No. of LL with BB) will be taken as on date of issue of Work Order and reviewed after every one year).
Incentive: Monthly Incentive for high FMC working numbers ( having different MTTR ). FMC - Rs. 301-600 : Rs.17 per customer of FMC Rs.301 to 600 FMC - Rs. 601-800 : Rs.27 per customer of FMC Rs.601 to 800 FMC – Above Rs. 800 : Rs.35 per customer of FMC above Rs.800 PRI/SIP Trunk/Leased Circuits ckts : Rs.70 per customer of PRI/SIP Trunk/Leased ckts
Plan up-gradation: 50% of difference of upgraded plan FMC with existing plan FMC (one time to be given as incentive as per FMS entry). No further incentive will be given for the same LL/BB number.
68/81 Digitally Signed by Bidder
GMTD-BR/PLG/Semi-Urban/Outsourcing/O&M/BTS/TE/Copper NW/2020-21/BDU/
2. Sample calculation sheets 2.1 The maintenance charges shall be paid for a cluster per month based on the number of average working Lines for the month ( working lines on 1st and last day of the month added and divided by 2) for which maintenance charges is being calculated irrespective of the number of line/cable faults attended.
For example: Cluster 1 having 2000 Landlines without BB, 1000 Broadband with LL, 100 PRI/SIP Trunk/Leased circuits on Copper network Calculation sheets are attached as per Annexure–I A and Annexure-I B (All the calculation is exclusive of GST): Annexure – I A (All the calculation is exclusive of GST) IV-1 : Invoice Performa for Maintenance charges with unit rate Rs.35/- Cluster No Type of work Units Rate Amount 1
A B C # D=A*B*C
Monthly maintenance charges for each working LL 1 1 35 2000 70000 without BB Monthly maintenance charges for each working LL 2 1+ Rs.17 52 1000 52000 with BB Monthly maintenance charges for each working ISDN 3 1+Rs.70 105 100 10500 PRI/Leased Circuits/SIP Trunk MDF related work for each working lines (for cluster 4 0.1 3.5 3100 10850 size <10K lines) Monthly Incentive for high FMC working numbers 5 FMC Rs.301-600 17 500 8500 6 FMC Rs.601-800 27 300 8100 7 FMC 800+ 35 200 7000 8 PRI/SIP Trunk/Leased circuits 70 100 7000 Total Maintenance charges 173950
IV-2 : Invoice Performa for Provisioning charges 1 Provision of New Land Line 210 30 6300 2 Provision of BB only (on existing Landline) 105 20 2100 3 Provision of New Broadband including new Landline 280 10 2800 4 Provisioning of ISDN PRI/Leased circuits/SIP Trunk on copper 350 5 1750 Total Provisioning charges 12950
# Number of working connections in a cluster shall be calculated taking the average of working connections on the first and last day of the month
69/81 Digitally Signed by Bidder
GMTD-BR/PLG/Semi-Urban/Outsourcing/O&M/BTS/TE/Copper NW/2020-21/BDU/ Annexure – I B Sample Calculation where incentive is to be considered for cases where gross provisioning of the month is more than or equal to 1.5% of cluster size.
Cluster Size as on date of issue of work order :
No. of Landline without Broadband 2000 No. of Landline with Broadband 1000 No. of ISDN PRI/Leased circuits/SIP Trunk on copper 100
So, the monthly target for getting additional incentive is 45
{1.5% of (2000+1000) = 45}
Sample Calculation for Provisioning LL/BB if Target of 45 lines is not achieved (Total provisioning is, say,40) No. Type of Provisioning work Rate Count Amount 1 Provision of New Land Line 210 30 6300 2 Provision of BB only (on existing Landline) 105 20 2100 3 Provision of New Broadband including new Landline 280 10 2800 4 Provisioning of ISDN PRI/Leased circuits/SIP Trunk on copper 350 5 1750 Total Provisioning charges 12950
Sample Calculation for Provisioning LL/BB if Target of 45 lines is achieved (Total count of provisioning is, say, 55) No. Type of Provisioning work Rate Count Amount 1 Provision of New Land Line 335 40 13400 2 Provision of BB only (on existing Landline) 105 30 3150 3 Provision of New Broadband including new Landline 405 15 6075
4 Provisioning of ISDN PRI/Leased circuits/SIP Trunk on copper 350 5 1750 Total Provisioning charges 24375
70/81 Digitally Signed by Bidder
GMTD-BR/PLG/Semi-Urban/Outsourcing/O&M/BTS/TE/Copper NW/2020-21/BDU/ Annexure – II A Sample calculation for Penalty for maintenance
Slippage Count S. SLA % of Parameters Penalty SLA in % or Amount No. achieved Invoice hr Fault 0.2% of invoice 1 Clearance value for each 1% 95% 90% 0.2 5% 0.01 1739.5 (95%) of slippage 0.3% of invoice value for each hour 2 MTTR 12hrs 12 hrs 18 0.3 6 0.02 3131.1 of slippage ( rounded off) 0.5% of invoice value for each hour 3 MTTR 6hrs 6 hrs 9 0.5 1 0.01 869.75 of slippage ( rounded off) 0.5% of invoice Repeat 4 value for each 1% 10% 16% 0.5 6% 0.03 5218.5 fault(10%) of slippage Total Penalty ( max . 15% ie Rs for 13272.39 26092/- ) Maintenance Payable Maintenance charges 2,4231.24 after Penalty calculation (A)
71/81 Digitally Signed by Bidder
GMTD-BR/PLG/Semi-Urban/Outsourcing/O&M/BTS/TE/Copper NW/2020-21/BDU/ Annexure – II B
Penalty calculation for Provisioning S. SLA Parameters Penalty SLA Provisioned Delay Penalty Amount No Achieved 1 New LL or BB Rs.25/- per 3 days 10 4 1 25 250 2 New LL or BB day delay 3 days 10 5 2 25 500 3 New LL or BB (max.Rs.100/- 3 days 10 6 3 25 750 for each connection) 4 New LL or BB for each 3 days 10 10 7 25 1000 connection. 6 BB on existing LL Rs.25/- per 2 days 5 1 0 25 0 7 BB on existing LL day delay 2 days 5 2 0 25 0 8 BB on existing LL (max.Rs.100/- 2 days 5 4 2 25 250 for each connection) 9 BB on existing LL for each 2 days 5 8 6 25 500 connection. Rs.50/- per day delay New ISDN (max.Rs.200/- PRI/SIP 10 for each 3 days 5 2 0 50 0 Trunk/Leased connection) Circuits for each connection. Total Penalty for
Provisioning 3250 Payable Provisioning charges
after Penalty calculation (B) 9700.0 Total Payable Maintenance and Provisioning Charges after penalty (A+B) = Rs. 1,52 ,968.76
72/81 Digitally Signed by Bidder
GMTD-BR/PLG/Semi-Urban/Outsourcing/O&M/BTS/TE/Copper NW/2020-21/BDU/ (B). For SLA based Outsourcing for Maintenance & Provisioning of Outdoor Copper Network Under Semi-Urban Cluster Policy (Left out Urban Area, Semi Urban Area and Rural Area) and BTSs and Rural TEs Maintenance & Upkeep
Type of Works Estimated Base Price Per Unit* Type 1 – outsourcing of Maintenance and provisioning of Landline , Broadband Rs 35/- (Rs Thirty Five only) per unit/ per ,ISDN PRI/LC for External plant of Copper Network ,with provision to cover month and also as per given Table A (For Customer Access network of left out urban exchanges and Local Access & Landline related Price Calculation of Unit Customer Access network of rural exchanges charges ) & Table B (Fixed price for new Provision) Type 2 - Mobile Access Equipment Maintenance activities including RF Rs. 2500/- (Rs. Two Thousand Five optimization/mini-link antenna alignment & ODU replacement as defined in scope of work i.r.o. BSNL/N_BSNL sites located at SSA HQ/SDCA HQ city limit Hundred only) per site/ per month including in radius of 5Km beyond city limit including all IP Sites. Type 3 – Mobile Access Equipment Maintenance activities including RF Rs. 2700/- (Rs. Two Thousand Seven optimization/mini-link antenna alignment & ODU replacement & Mobile Infra Hundred only) per site/ per month Structure Maintenance activities as defined in scope of work i.r.o. standalone N_BSNL BTS sites excluding such sites located at SSA HQ/SDCA HQ city limit including in radius of 5Km beyond city limit. Type 4 - Mobile Access Equipment Maintenance activities including RF Rs. 2900/- (Rs. Two Thousand Eight Hundred only) per site/ per month optimization/mini-link antenna alignment & ODU replacement i.r.o. co-located Rural BSNL BTS sites along with Rural Exchange Maintenance and Upkeep activities as defined in scope of work. Type 5- Rural exchange maintenance & upkeep activities as defined in scope Rs. 2500/- (Rs. Two Thousand Five Hundred only) per site/ per month of work Type 6- Hiring of specialized rigger activities for decommissioning/ installation Rs.500/- (Five Hundred only) per activity per day (on need basis) of mini-link & BTS antenna for shifting/ new cases as per need (All the calculation is exclusive of GST. Goods and Service Tax will be paid extra.)
73/81 Digitally Signed by Bidder
GMTD-BR/PLG/Semi-Urban/Outsourcing/O&M/BTS/TE/Copper NW/2020-21/BDU/ Estimate for Maintenance and Upkeep of BTS sites (B/N/IP) & Standalone Rural Exchange in Budaun SSA Table A (Estimated quantity) No. of BTS Sites No. of Specialized rigger activity on need basis (per SSA Urban Rural Standalone Rural activity per day in a BSNL NBSNL IP BSNL NBSNL IP Exchange month) a b c d e F g H Budaun 10 12 2 24 43 7 1 6
Break up of working connection of Semi-urban/Rural cluster to be outsourced Table B (Estimated quantity) No. of working ISDN No. of working LL No. of working SSA PRI/Leased Total without BB LL with BB Circuits/SIP Trunk Budaun 596 804 238 1638
(Work Schedule and Calculation sheet) Type 1 Maintenance and provisioning of Landline and Broadband for Copper Network in Left Out Urban/ Semi-Urban/Rural Exchanges. Work Schedule for Maintenance charges with unit rate Rs. 35/ - (For Type 1 Activity) Qty as per No Type of work Units Rate Amount for For 24 Month Table B in Nos. one month A B C# D=B*C E=D*24 Monthly maintenance charges for 1 1 35 596 20860 500640 each working LL without BB Monthly maintenance charges for 2 1+ Rs.17 52 804 41808 1003392 each working LL with BB Monthly maintenance charges for each 3 working ISDN PRI/Leased 1+Rs.70 105 238 24990 599760 Circuits/SIP Trunk MDF related work for each working lines 4 0.1 3.5 1638 5733 137592 (for cluster size <10K lines) Monthly Incentive for higher FMC customers (Indicative quantity) 5 FMC Rs.301-600 17 281 4777 114648 6 FMC Rs.601-800 27 105 2835 68040 7 FMC 800+ 35 364 12740 305760 8 PRI/SIP Trunk/Leased circuits 70 238 16660 399840 Total Maintenance charges 130403 3129672
Work Schedule for Provisioning charges (For Type 1 Activity) (Estimated quantity) 1 Provision of New Land Line 335 5 1050 25200 2 Provision of BB only (on existing Landline) 105 5 525 12600 3 Provision of New Broadband including new Landline 405 10 2800 67200 4 Provisioning of ISDN PRI/Leased circuits/SIP Trunk on copper 350 3 1050 25200 Total Provisioning charges 5425 130200 Tender Cost for CFA External Plant for 24 Months 3259872
74/81 Digitally Signed by Bidder
GMTD-BR/PLG/Semi-Urban/Outsourcing/O&M/BTS/TE/Copper NW/2020-21/BDU/
Work Schedule for Mobile sites/Exchanges maintenance & Upkeep (For Type 2 to Type 6 Activity)
Appox. Qty. as per Table-C Amount for one Amount For 24 Type of work Activity Rate in Nos. Month(Rs.) Month(Rs.) Type 2 2500 31 (a+b+c+f) 77500 1860000
Type 3 2700 43 (e) 116100 2786400 Type 4 2900 24 (d) 69600 1670400 2500 60000 Type 5 2500 1 (g)
Type 6 500 6 (h) 3000 72000 Total Cost as per CM 268700 6448800 Policy Grand Total Tender Cost for 24 Months for Type 1 to Type 6 Activities 97,08,672.00
75/81 Digitally Signed by Bidder
GMTD-BR/PLG/Semi-Urban/Outsourcing/O&M/BTS/TE/Copper NW/2020-21/BDU/
SECTION – XVII
FINANCIAL(BID) -DOCUMENT
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 it and up-load the filled BOQ sheetin Digital Envelope (on-line).
76/81 Digitally Signed by Bidder
GMTD-BR/PLG/Semi-Urban/Outsourcing/O&M/BTS/TE/Copper NW/2020-21/BDU/
APPENDIX -I Action by purchaser against bidders/vendor in case of default: In case of default by bidders/vendors whose complete list is enclosed in Appendix-I of Section-4 Part -A of Chapter-4 of Revised Manual of Procurement of Telecom Equipment & Stores and its amendments issued by BSNL CO ND. Purchaser will take action as specified in the aforesaid Appendix. (SECTION XXX) S No. Defaults of the bidder / vendor Action to be taken Submitting fake / forged i) Rejection of tender bid of respective Vendor. a) Bank Instruments with the bid to ii) Banning of business for 3 years which implies meet terms & condition of tender in barring further dealing with the vendor for respect of tender fee and/ or EMD; procurement of Goods & Services including 1(a) b) Certificate for claiming exemption in participation in future tenders invited by BSNL for respect of tender fee and/ or EMD; 3 years from date of issue of banning order. And detection of default at any stage iii) Termination/ Short Closure of PO/WO, if from receipt of bids till award of APO issued. This is implies non- acceptance of further /issue of PO/WO Supplies / work & services except to make the already received material work/ complete work in hand. Note 1:- However, in this case the performance guarantee if alright will not be forfeited.
Note 2:- Payment for already received supplies/ completed work shall be made as per terms & condition of PO/WO.
Submitting fake / forged documents towards meeting eligibility criteria such as experience capability, supply proof, 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: i) Rejection of Bid & (i) If detection of defaults is prior to ii) Forfeiture of EMD. award of APO iii) Banning of business for upto three years which implies Barring further dealing with the vendor for procurement of Goods & Services including participation in future tenders invited by BSNL for upto three years from date of issue of banning order. (ii) If detection of default after issue i) Cancellation of APO of APO but before receipt of PG/ SD ii) Rejection of Bid & 1(b) (DD, BG etc.) iii) Forfeiture of EMD iv) Banning of business for upto three years which implies Barring further dealing with the vendor for procurement of Goods & Services including participation in future tenders invited by BSNL for upto three years from date of issue of banning order. (iii) If detection of default after i) Cancellation of APO receipt of 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 77/81 Digitally Signed by Bidder
GMTD-BR/PLG/Semi-Urban/Outsourcing/O&M/BTS/TE/Copper NW/2020-21/BDU/ iv) Banning of business for upto three years which implies Barring further dealing with the vendor for procurement of Goods & Services including participation in future tenders invited by BSNL for upto three years from date of issue of banning order. (iv) If detection of default after issue i) Termination/ Short Closure of PO/WO and of PO/ WO Cancellation of APO ii) Rejection of Bid & iii) Forfeiture of PG/ SD. However on realization of PG/ SD amount, EMD, if not released shall be returned Iv) Banning of business for upto three years which implies Barring further dealing with the vendor for procurement of Goods & Services including participation in future tenders invited by BSNL for upto three years from date of issue of banning order. 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. If vendor or his representative users violent/ coercive means viz. Physical/ verbal means to threatens BSNL Executive / employees and/ or obstruct 2 him from functioning in discharge of his Banning of business for 3 years which implies Barring duties & responsibilities for the further dealing with the vendor for procurement of following : Goods & Services including participation in future a) Obstructing functioning of tenders invited by BSNL for 3 years from date of issue tender opening executives of BSNL in of banning order. receipt/ opening of tenders bids from prospective Bidders, suppliers/ Contractors. b) Obstructing/ Threatening other prospective bidders i.e. suppliers/ Contractors from entering the tender venue and/ or submitting their tender bid freely Non-receipt of acceptance of APO/AWO 3 and SD/ PG by L-1 bidder within time Forfeiture of EMD period specified in APO/ AWO. Failure to supply and/ or Commission i) Termination of PO/WO. 4.1 the equipment and/ or execution of the ii) Under take purchase/work at the risk &cost work at all even in extended delivery of defaulting vendor. schedules, if granted against PO/WO. iii) Recover the excess charges if incurred from the PG/SD and outstanding bills of the defaulting Vendor. i) Short Closure of PO/WO to the quantity already Failure to supply and/ or Commission received by and/ or commissioned in BSNL and/ or 4.2 the equipment and / or execution of the in pipeline provide the same is usable and/ or the work in full even in extended delivery Vendor promises to make it usable. 78/81 Digitally Signed by Bidder
GMTD-BR/PLG/Semi-Urban/Outsourcing/O&M/BTS/TE/Copper NW/2020-21/BDU/ schedules, if granted against PO/WO. 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 i) If the material is not at all acceptable, then return the non-acceptable material (or its part) & recover The supplied equipment does not its cost, if paid, from the o/s bills/ PG/ SD. OR 5.1 perform satisfactory in the field in ii) If the material is inducted in network & it is accordance with the specifications not possible to return it and/ or material is mentioned in the PO/ WO/ Contract. 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. Under recovery of financial penalty from outstanding dues of vendor including PG/SD. i) If the material is not at all acceptable, then return the non-acceptable material (or its part) & recover Major quality problems (as established its cost, if paid, from the o/s bills/ PG/ SD. OR by a joint team / committee of User ii) If the material is inducted in network & it is 5.2 unit(s) and QA Circle) / performance not possible to return it and/ or material is problems and non-rectification of acceptable with degraded performance, the defects (based on reports of field units purchaser may determine the price for degraded and QA circle). equipment (Financial penalty = Price – price determined for degraded equipment ) himself and/ or through a committee. Under recovery of financial penalty from outstanding dues of vendor including PG/SD. And iii) Withdrawal of TSEC / IA issued by QA Circle. 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 (a) for amount already paid by invoking ‘Set off’ clause 21 of Section 5 Part A by 6 BSNL any other legal tenable manner. (b) for quantity in excess of that ii) Banning of Business for 3 years from date of supplied by Vendor to BSNL issue of banning order or till the date of recovery of (c) for unit rate and/ or amount higher over payment in full, whichever is later. 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 Network Security/ Safety/ Privacy: - If i) Termination of PO/WO. the vendor tampers with the hardware, ii) Banning of business for 3 years which software/ firmware or in any other way implies barring further dealing with the vendor 7 that for procurement of Goods & Services including participation in future tenders invited by BSNL for 3 years from date of issue of banning order. iii) Recovery of any loss incurred on this account from the Vendor from its PG/ SD/ O/s etc.
79/81 Digitally Signed by Bidder
GMTD-BR/PLG/Semi-Urban/Outsourcing/O&M/BTS/TE/Copper NW/2020-21/BDU/ Network Security/ Safety/ Privacy: - If i) Termination of PO/WO. the vendor tampers with the hardware, ii) Banning of business for 3 years which software/ firmware or in any other way implies barring further dealing with the vendor that for procurement of Goods & Services including a) Adversely affects the normal participation in future tenders invited by BSNL for working of BSNL equipment(s) and/ 3 years from date of issue of banning order. or any other TSP through BSNL. iii) Recovery of any loss incurred on this b) Disrupts/ Sabotages functioning account from the Vendor from its PG/ SD/ O/s of the BSNL network equipment’s such bills etc. as exchanges, BTS, BSC/ MSC, Control iv) Legal action will be initiated by BSNL equipment including IN etc., Control against the Vendor if required. equipment, Transmission equipment’s, but not limited to these elements and/ or any other TSP through BSNL. c) Tempers with the billing related data invoicing account of the Customers/ 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 if india. i) Termination/ Short Closure of the PO/ WO. If the vendor is declared bankrupt or ii) Settle bills for the quantity received in 8 insolvent or its financial position has correct quantity and quality if pending items do become unsound and in case of a limited not affect working or use of supplied items. company, if it is wound up or it is iii) No further supplies are to be accepted liquidated. except that required to make the already supplied items work. iv) In case of turnkey projects, If the material is commissioned and is i) Termination/ Short Closure of the PO/ WO. ii) Settle bills for the material received in correct quantity and quality if pending items do not affect working or use of supplied items. In the event of the vendor, its proprietor, iii) No further supplies are to be accepted except Director(s), partner(s) is / are convicted by that required to make the already supplied items work. 9 a Court of Law following prosecution for iv) In case of turnkey projects, If the material is offences involving moral turpitude in commissioned and is usable without any degradation of relation to the business dealings. performance, then settle bills for the acceptable equipment/ material (or its part). v) In case of turnkeys 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 outstanding dues of vendor including PG/ SD. If the vendor does not return/ refuses to i) Take action to appoint Arbitrator to adjudicate the 80/81 Digitally Signed by Bidder
GMTD-BR/PLG/Semi-Urban/Outsourcing/O&M/BTS/TE/Copper NW/2020-21/BDU/ 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 10 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. filling 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 date by which vendor clears the BSNL’s dues, whichever is later. 11 If the Central Bureau of Investigation / Independent Eternal Monitor (IEM) / Take Action as per the directions of CBI or concerned Income Tax/Goods and Services Tax/ department. Custom Departments recommends such a course The following cases may also be considered for Banning of Business: 12 (a) If there is strong justification for believing that the proprietor, manager, MD , Director, partner, employee or Banning of business for 3 years which implies barring representative of the vendor, supplier further dealing with the vendor for procurement of has been guilty of malpractices such as Goods & Services including participation in future bribery, corruption, fraud, substitution of tenders invited by BSNL for 3 years from date of issue of tenders, interpolation, misrepresentation banning order. with respect to the contract in question. (b) If the vendor/supplier fails to execute a contract or fails to execute it satisfactorily beyond the provisions of Para 4.1 & 4.2. (c) If the Vendor/ supplier fails to submit required documents/ information, where required. (d) Any other ground which in the opinion of BSNL is just and proper to order for banning of business dealing with a vendor/ supplier Note 7:- The above penalties will be imposed provided it does not clash with the provision of the respective tender. Note 8:- In case of clash between these guidelines & provision of invited tender, the provision in the respective tender shall prevail over these guidelines. Note 9:- Banning of Business dealing order shall not have any effect on the existing/ ongoing AMC/ CAMC which will continue along with settlement of Bills.
81/81 Digitally Signed by Bidder