Nainital

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BHARAT SANCHAR NIGAM LIMITED


(A Government of India Enterprise)
O/O The Executive Engineer (E), BSNL Electrical Division 1st Floor
NTR Building Main Telephone Exchange Haldwani ( Phone- 05946-
224222,223400 9412738999 )

E-Tender Notice

From: To,
Executive Engineer (E) Prospective Bidders
BSNL Electrical Division, ………………………………
Haldwani

Subject: Tender for Rate Contract Providing Chemical earthing at existing BTS Sites
where 4 G BTS is to be installed under Phase IX.2 Project in OA Nainital, Uttarakhand
Telecom Circle Dehradun
NIT No.: 13/EE(E)/BSNL/ED/HLD/2023-24 dated 30.10.2023

Please find enclosed the tender document in respect of above-mentioned tender which
contains the following.

Sl.
Section Description of Page No.
No. Item
1 1 Detailed NIT 2-6
2 2 Tender Information 7-10
3 3 Part A Specification of Chemical Earthing system 11-13
4 3 Part B Schedule of Requirements (SOR) 14-15
5 Tentative list of sites 16
6 3 Part C Indicative Drawing Typical installation of earth 17
7 3 Part D Important Note for bidders 18-21
8 4 Part A General Instructions to Bidders (GIB) 22-39
9 4 Part B Special Instructions to Bidders (SIB) 40-41
10 4 Part C E-Tendering Instructions to Bidders 42-44
11 4 Part D Special and Additional Conditions 45-47
12 5 Part A General (Commercial) Conditions of Contract (GCC) 48-52
13 5 Part B Special (Commercial) Conditions of Contract (SCC) 53
14 6 Undertaking & Declarations 54-56
15 7 Proforma (s) 57-61
16 8 Bidder‟s Profile & Questionnaire. 62-63
18 9 Part A Bid Form 64
19 10 Part A Annexure-1 65-66
20 10 Part B Annexure-II 67-68
If interested, kindly submit your bid offers online on or before date & time specified
in Clause 6 of detailed NIT.
This NIT content 68 Pages
Executive Engineer (E)
Mob. No - 9412738999
Email: [email protected]
Contractor EE (E)
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Office of
Executive Engineer (E)
B.S.N.L. Electrical Division
Division 1st Floor NTR Building
Main Telephone Exchange
Haldwani BHARAT SANCHAR NIGAM LTD.
Email Id : [email protected] (A Govt. of India Enterprise)
Tel-05946-224222,223400
9412738999
NIT No:- 13/EE(E)/BSNL/ED/HLD/23-24 Dated 30/10/2023
SECTION – 1
NOTICE INVITING E-TENDER
1. On behalf of Chairman and Managing Director, Bharat Sanchar Nigam Limited
(BSNL), digitally sealed online tenders, on rupee payment basis, are invited in
Single Stage Bidding and Two Stage Opening using two Electronic Envelopes
(Techno-commercial bid & Financial bid) on CPPP
(https://etenders.gov.in/eprocure/app), from the eligible bidders as per details
given below:
Contract
Sl. Name of Work Period Estima EMD TENDE
No. (Months) ted (INR) R
Cost COST
(INR)
Rate Contract Providing Chemical
earthing at existing BTS Sites
1 6 1097831/- 21957/- 590/-
where 4 G BTS is to be installed
under Phase IX.2 Project in OA
Nainital ,Uttarakhand Telecom
Circle Dehradun
Note 1: The Intending bidder must read the terms and conditions carefully. He
should submit his bid only if he considers himself eligible and in possession of all
the requisite documents. Information and Instructions for bidders posted on
website shall form part of bid document.
Note 2: The bid document consisting of plans, specifications, the schedule of
quantities of various types of items to be executed and the set of terms and
conditions of the contract to be complied with and other necessary documents
can be seen and downloaded from website http://www.bsnl.co.in/tenders/ and
https://etenders.gov.in/eprocure/app free of cost.

2. Purchase of Tender Document:


Tender document can be obtained by downloading it from the website
“www.bsnl.co.in” from the date of issue of NIT and CPP portal
https://etenders.gov.in/eprocure/app following “Link for E-tenders by
BSNL” w.e.f 31/10/2023 onwards.

2.1 The bidders are required to submit a single tender fee of as above through DD/
Banker‟s cheque along with their tender bid failing which the tender bid shall be
left archived unopened/ rejected. The tender fee is non-refundable. The DD/
Banker’s Cheque/ FDR/ Term deposit receipt/ Call deposit receipt pledged shall
be drawn from any Nationalized/ Scheduled Bank in favour of Accounts Officer
(Cash), O/o The GMTD, BSNL, Nainital (HQ –Haldwani) payable at Haldwani”
OR
Alternatively, remittance through RTGS/NEFT in BSNL A/c whose
details are as mentioned below, under intimation to this office:

Contractor EE (E)
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Beneficiary Name: - Accounts Officer (Cash), O/o The GMTD, BSNL,


Nainital (HQ –Haldwani) payable at Haldwani”
Name of the Bank: - Punjab National Bank
Bank Branch :-Haldwani
IFSC Code :-PUNB0019600
Bank Account No :-0196002100036208
Type of Account :- CURRENT

2.2 Micro and Small Enterprise (MSE) bidders who are registered with MSME under
the category for which the tender is called are exempted from payment of tender
document cost provided they submit current & valid Udyam registration with
national industrial classification(Service) relevant to the bid issued from the
Ministry of MSME for the tendered items. Declaration of Udyam registration
Number by MSE bidders on CPPP is mandatory, failing which such MSE bidders
will not be able to enjoy the benefits as per public procurement policy for MSEs
order 2012 for Tenders invited electronically through CPPP. Kindly Note that
Medium Scale Units are not eligible for exemption.
3 Availability of Tender Document: .
The tender document shall be available for downloading from e-tender portal
http://etenders.gov.in/eprocure/app w,e,f 31/10/2023 onwards.
3.1 Physical copy of the tender document would not be available for sale.
3.2 For online bid submission etc., bidders have to mandatorily register (if not
already registered) on tender portal NICs e-tender system-
https://etenders.gov.in/eprocure/app) and follow all steps as per functionality of
e-tender portal. (Kindly refer Section 4 Part C of tender document for instructions
on e-tendering).
Note 4: The Tender document shall not be available for download on its
submission / closing date.
4 Eligibility Criteria:
In order to become eligible, a prospective bidder shall fulfill the following eligibility
criteria:
Average annual turnover during the last 3 years, ending 31 st March of the
previous financial year, should be at least 30% of the estimated cost put to
tender.
AND
BSNL enlisted contractors in Electrical Category of Class-I(E)/II(E)
OR
The RDSO approved Chemical earthing Original Equipment Manufacturer. The
letter of approval from RDSO has to be provided by the OEM.
OR
The dealers authorized by the Chemical earthing OEM (RDSO approved). The
letter of authorization in original from the Chemical earthing OEM (RDSO
approved) shall be produced by the dealer along with the letter of approval from
RDSO has to be provided by the Manufacturer
OR
Experience of having successfully completed similar works in BSNL/MTNL/DOT
during last 7 years ending last day of month previous to the one in which
applications are invited should be either of the following:

a) Three similar successfully completed works costing not less than the amount
equal to 40% of the estimate cost

Contractor EE (E)
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OR
b) Two similar successfully completed works costing not less than the amount
equal to 60% of the estimate cost
OR
c) One similar successfully completed works costing not less than the amount
equal to 80% of the estimate cost

“Similar Work” means Providing Copper plate Earthing or G.I. plate or pipe
Earthing or Chemical earthing.)
5 The bidder should have a valid GST No (Goods and Services Tax) and shall submit
a copy of the same with the bid. In case of multiple GST numbers, all the numbers
can be provided as an annexure.

6 The bidder should have a valid Permanent Income Tax Account No (PAN) and
shall submit a copy of the same with the bid.
7 Bidder(s) should not have been barred /banned/ black-listed by
BSNL/DOT/Govt. Departments/PSU/State Govt./GST Authorities at the time of
bidding. A self-declaration stating that the bidder is not black listed by
BSNL/DOT/Govt./PSU/State Govt./ GST Authorities, should be submitted with
the bid. However, if the bidder(s) is/are found to have been blacklisted by any of
the above organization(s) at any stage of the tender process or during execution,
action shall be taken as per tender terms and conditions.
8 Any bidder from a country which shares land border with India will be eligible to
bid if the bidder is registered with the competent authority as specified in
Annexure-I of O.M.No.7/10/2021-PPD (1) Dated 23.02.2023 from Department of
Expenditure, Ministry of Finance. The bidders (including their consortium
partners) shall submit an undertaking as per Section-6(C) Format in this regard.

9 Public Procurement (Preference to Make in India) Order, 2017 - Revision


(16.09.2020)" issued by DPIIT shall be applicable and hence, bidders offering
services as Class-I (Local content more than 50%) and Class-II(Local content
more than 20% but less than 50%) are eligible to participate in tender. Bidders
have to submit declaration in Form-1 for Local content of their bid. Form-1 as
per Section-7(F) to be submitted with the technical bid part.

10 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 and to be uploaded in the e-portal.
11 Bid Security/EMD:

The bidder shall furnish a single EMD/Bid security as specified in Clause 1 of


Section 1 in one of the following ways:

a) Demand Draft/ Banker‟s cheque drawn in favour of Accounts Officer (Cash),


O/o The GMTD, BSNL, Nainital (HQ –Haldwani) payable at Haldwani”
OR
b) Bank Guarantee (BG) from a “Scheduled Commercial Bank from public /
private sector (excluding co-operative banks)” drawn in favour of “Accounts
Officer (Cash), O/o The GMTD, BSNL, Nainital (HQ –Haldwani) payable at
Haldwani”

c) ” which should be valid for 120 days from the tender/bid opening date as per
format provided in Section 7A.

Contractor EE (E)
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OR
d) Bidders may also remit EMD/ Bid security through RTGS/NEFT in BSNL A/c
on or before bid submission end date in account with details as per clause 2.1
above.
e) The Bidders shall mandatorily upload online payment receipt and / or
transaction details for the payment of cost of Bid Document & EMD, in their
technical part of online bids.
f) Micro and Small Enterprise (MSE) bidders are exempted from payment of
EMD/Bid security provided they submit current & valid Udyam registration
issued from the Ministry of MSME for the tendered items/sevices. Declaration
of Udyam registration Number by MSE bidders on CPPP is mandatory, failing
which such MSE bidders will not be able to avail the benefits for MSEs, as per
public procurement policy order 2012 for Tenders invited electronically
through CPPP. Kindly Note Medium Scale Units are not eligible for exemptions.

12 Date & Time of Submission of Tender: The date and time of submission of
tender is on or before 15.00..(Hrs) of 14/11/2023

13 Date & Time of Opening of Tender: The date and time of Opening of tender
is on 15.30 (Hrs) of 16/11/2023

Note 8: In case the time and date of submission (opening) of the bid is declared
to be a holiday, the time & 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.
14 Place of opening of Tender bids:
The tenders shall be opened at O/o Executive Engineer (E-P), BSNL Dehradun
through „Online Tender Opening Event (TOE).‟ BSNL‟s Tender Opening Officers as
well as authorized representatives of bidders can attend the Public Online Tender
Opening Event (TOE) from the comfort of their offices. BSNL‟s Officers shall
conduct the TOE.

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

16 Incomplete, ambiguous, Conditional, unsealed tender bids are liable to be


rejected.
17 (Tender Inviting Authority) reserves the right to accept or reject any or all tender
bids without assigning any reason. He is not bound to accept the lowest tender.

18 The bidder shall furnish a declaration in his tender bid that no addition /
deletion / corrections have been made in the terms and conditions of the
downloaded tender document for which their bid being submitted and these are
identical to the tender document appearing on the website.
18.1 In case of any correction/ addition/ alteration/ omission in the tender
document, the tender bid shall be treated as non-responsive and shall be rejected
summarily.
19.2 All documents submitted in the bid offer should be preferably in English. In
case the certificate viz. experience, registration etc. is issued in any other
language other than English, the bidder shall attach an English translation of
the same duly attested by the bidder & the translator to be a true copy in
addition to the relevant certificate.

Contractor EE (E)
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19.3
All computer-generated documents should be duly signed/ attested by the
bidder/ vendor organization and to be uploaded in the e-portal.
20 Before e- tendering, the contractor shall inspect the site and fully acquaint
himself about the condition with regard to accessibility of site and site nature and
the extent of grounds, working condition, including stocking of materials,
installation of T&P etc., and conditions affecting accommodation and movement
of labour etc., required for the satisfactory execution of the contract. No claim
whatsoever on such an account shall be entertained by the BSNL in any
circumstances.
21 In case the eligibility credentials submitted by the lowest bidder (L1) are not
found in order at any stage after opening the bids i.e., before award of work or
during execution of the work or after completion of the work, the contractor will
be debarred from tendering in BSNL for the next three years including any
other action under the contract or existing law.
22 Tender shall neither be issued nor received by Post/ Courier.
23 The queries in respect of the tender document, if any, can be submitted
through email, latest by 05/11/2023. Any query received after this date will not
be entertained.
BSNL Contact-1
Contact Person Naveen Kumar
Telephone 9412738999
E-mail ID [email protected] & [email protected]
BSNL Contact-2
Contact Person Rishi Kumar
Telephone 9412059603
E-mail ID [email protected]

Executive Engineer (E)


BSNL Electrical Division
Haldwani
For and on behalf of BSNL

No.:-3(2)/EE(E)/BSNL/ED/HLD/2023-24/82 Dated 30.10.2023


Copy to :-
1) The Superintending Engineer (E) O/o Chief Engineer (E), BSNL Elect. Zone
Dehradun.
2) The Executive Engineer (E) BSNL Electrical Division Dehradun.
3) The Sub Divisional Engineer (E), BSNL Electrical Sub-Division Haldwani
4) The Firms
5)NoticeBoard

Contractor EE (E)
Page 7 of 68

SECTION- 2
Tender Information

1. Type of tender: Single stage submission & two stage opening.

a) No. of Bid Submission Stages for tender: Single Stage. The bidder shall submit
online Techno-commercial & Financial bids, simultaneously.

b) Opening Stages: Two stage bid opening Techno-commercial bid under Technical
electronic envelope will be opened first and thereafter financial bids of techno-
commercially compliant bidders only shall be opened.

c) No. of Envelopes for submission of Bids: Two Nos. (Opening stages) (Please See Note-
2).

Note 1: The bids will be evaluated techno-commercially first and thereafter financial bids of
techno- commercially compliant bidders only shall be opened.

Note 2: Financial bids will be opened for techno-commercially responsive bidders only.

2. Bid Validity Period /Validity of bid offer :90 days from the tender opening date.

3. The first e-envelope will be named as Techno-Commercial & will contain documents of
bidder‟s satisfying the eligibility / Technical & commercial conditions and 2 nd envelope will
be named as Financial Envelope containing financial quote. These envelopes shall contain
one set of the following documents:

a) Techno-commercial e-envelope shall contain scanned copy of the following documents, but
not limited to: -

1) EMD or valid Udyam Registration certificate, if claiming exemption under MSE (Micro or
Small Enterprise) Category or Proof of successful e-Payment of EMD, as the case may be.

2) DD towards Tender fee or valid Udyam Registration certificate if claiming exemption under
MSE (Micro or Small Enterprise) Category or Proof of successful e-Payment of Tender Fee, as
the case may be.

3) Certificate(s)/ documents towards proof for fulfillment of the eligibility criteria(s) stated in
Clause 4 of the DNIT.

4) Power of Attorney & authorization for executing the power of Attorney in accordance with
clause 14.3 of Section 4 Part A

5) Clause by clause compliance as per clause 11.2 of Section-4A & NIL Deviation statement.

6) Bidder‟s Profile & Questionnaire duly filled & signed.

7) Non-Relation Certificate duly filled & signed.

8) Undertaking & declaration duly filled & signed.

9) Indemnity bond declaration for indemnifying BSNL against any non-compliance by bidder
Contractor EE (E)
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towards all applicable statutory requirements, if work is awarded, as per Annexure-1.

10) Tender/ Bid form- Section 9 Part A.

11) Checklist of the documents submitted as per Annexure-2.

a) Financial e-envelope shall contain:


Price Schedule, duly filled (both in PDF and Excel format as per format given in Section 9
Part– B with all relevant bid annexures.

Note 3: A BoQ is also prepared to be filled by bidders in this bid part. BoQ (of electronic
financial bid part on CPPP) is only a bid summary and bid evaluation will be done based on
Complete price sheets uploaded by bidders.

Note 4: Further, it may kindly be noted that in case there is any discrepancy between the
values entered by bidder in the BoQ and that in Complete price sheets uploaded by bidder,
then the prices/ rates mentioned in Complete price sheets uploaded by bidder will prevail
over the values mentioned in BoQ.

b) Offline Submissions:
The following documents are required to be submitted offline (i.e. offline submissions)
to the O/o Executive Engineer (E-P), BSNL Dehradun in a sealed envelope within 5
days from the date of opening of bids. However, scanned copies of all these documents
shall be mandatorily uploaded in Technical Envelope. The envelope shall bear the
tender number, name of work and the phrase: “Do Not Open Before (due date & time of
opening of tender).
i) EMD/Bid security (original copy) or certificate claiming exemption (by MSE bidders).

ii) DD/ Banker‟s cheque / Online Transaction Reference towards payment of Tender fee or
certificate claiming exemption (by MSE bidders)
iii) Power of Attorney in accordance with clause 14.3 of section 4 Part A and authorization for
executing the power of Attorney.
iv) Integrity Pact duly signed by bidder (on plain paper, applicable only if tender‟s estimated
value exceeds the threshold of Rs. 10.0 Crores for applicability of Integrity Pact as per letter
No.CA/MMT/15-02/2014 dated 16.10.2018).
v) Self-declaration (on a bidder Company Letter Head) by the authorized signatory stating that
no addition/ deletion /corrections have been made in the offline document being submitted
as compared to those submitted along with online bid.
Note 5: Please note that the online bid shall be archived unopened/rejected at the bid
opening stage, if the scanned copies of proof of online payment of Tender Fee/EMD or proof
of valid MSE Certificate for claiming exemption of payment of Tender Fee/EMD are not found
in the technical bid part in CPP Portal and the originals of these are not submitted within
5 days from date of bid opening. Moreover, if the scanned copies of Tender Fee/EMD or
proof of valid MSE Certificate for claiming exemption are uploaded in the bid but if the
original DD/EMBG towards Tender Fee/Bid security (if not paid through e payment) are not
received within 5 days of opening of technical bid parts, then the online submitted bids shall
be rejected.

Contractor EE (E)
Page 9 of 68

4. Payment Terms:

4.1 Payment to the contactors during progress of work will be regulated as below:
No advance payment will be made. The payment to the contractors during progress of
work shall be regulated as under:
(i) 50% of prorata of the approved price break up of contract value on receipt of
material at site and after satisfactory physical inspection.
(ii) 25% of prorata of the approved price break up of contract value after successful
installation.
(iii) 25% of prorata of the approved pr-ice break up of contract value after successful
testing, commissioning and handover.
Note: No payment will be made for goods rejected at the site on testing. Payment, if made for
such items shall be recovered from subsequent bills or other bills

4.2 BSNL shall deduct statutory taxes and duties (if any) from payments due to the Bidders as
per rules of the central/ State Government. The certificate for such deductions shall be
issued to the Bidders by the Accounts Officer concerned.

5.Increase/ Decrease of tendered quantity

1. Increase / Decrease in tender quantity: -


a) BSNL will have the right to increase or decrease up to 25% of the quantity depending upon
the requirement of goods and services specified in the schedule of items without any change
in the unit price or other price or other terms and conditions at the time of award of contract.
b) In exceptional situation where the requirement is of an emergent nature and it is
necessary to ensure continued maintenance from the existing venders, the company
reserves the right to place increase or decrease the quantity by 50% at the same rate or a
rate negotiated/derived (downwardly) with the existing vendors considering the
reasonability of rates based on prevailing market conditions and the impact of reduction in
duties and taxes etc.
6. Operation of Rate Contract
The successful tenderer /contractor, on acceptance of his tender by the Accepting
Authority, shall sign the Master Agreement with SE(E) BSNL EC-Dehradun within 03 days
of acceptance consisting of the notice inviting tender, all documents including drawings, if
any, forming the tender as issued at the time of invitation of tender & acceptance thereof
together with any correspondence leading there to.

6.1 The Concerned EE (E) shall draw separate individual agreements for “individual works”
based on the LOI issued by the o/o SE (E) BSNL EC-Dehradun .
6.2 The Time allowed for completion is 30 days for individual work and validity of rate
contract shall be 6 months for issuance of LOI from the date of its acceptance.

6.3 Individual agreement shall be operated independently without co-relation with the other
individual agreements for the purpose of payment, deduction/release of Security Deposit,
extension of time, closing of contract etc. as per terms and conditions of individual
agreement. If the firm fails to commence any work, the proportionate PG of the work shall
be forfeited.

Contractor EE (E)
Page 10 of 68

6.4 S. D. and other deposits as per terms and conditions of individual agreement shall be kept
with the concern EE (E) and refunded / adjusted as per relevant clause of individual
agreement.

7.SPLITING OF WORKS: -:- The work will be splitted as per following conditions :-
a) In case of more than 3 eligible participating agency the work shall be splitted as per the
rates of L1 in the ratio of L1-50%, L2-30% and L3-20%. In case of any participating eligible
vendor other than L1 ( i.e L2 or L3) do not agree to work at the rates of L1 then the ratio
of that vendor shall be awarded to L1.
b) In case of 3 eligible vendors the work shall be splitted in the ratio of L1-70%, L2-30%
and if L2 does not agree to work at the rates of L1 then 100% work shall be awarded to L1.
C) In case of less than 3 eligible participating vendors 100% work shall be awarded to L1.

8. The quantities mentioned in this rate contract are tentative in nature. LOI will be issued as
per requirement of BSNL & agency will have no claim if any / full quantity is not executed.
The LOI can be issued for work anywhere in BSNL Uttarakhand Zone of any quantity, full
quantity or Zero quantity of any item as per the requirement and urgency of the BSNL and
the agency /vendor will have no claim in this regard, the agency should quote accordingly.

9. CURRENCY OF CONTRACT: The currency of contract shall be 6 Months. BSNL will have the
right to increase the currency of contract up to further Six Months or more depending upon the
requirement of goods and services specified in the schedule of items without any change in the
unit price or other price or other terms and conditions at the time of award of contract.

10.WITHDRAWAL OF TENDER: - The Bidders are advised to submit their tenders carefully as
any bidder found to be withdrawing their tender within the validity period or withdraws the
tender after acceptance or fails to start the work after award, action as per Clause 12.7
section-4 Part A of the NIT shall be taken against him and he will not be allowed to
participate in tender for the same work on further calls for a period of 3 Years.

Contractor EE (E)
Page 11 of 68

SECTION- 3 Part A

Specification of Chemical Earthing system

Characteristics of good Earthing system

1. Excellent electrical conductivity

a) Low resistance and electrical impedance.


b) Conductors of sufficient dimensions capable of withstanding high fault currents with no
evidence of fusing or mechanical deterioration.
c) Lower earth resistance ensures that energy is dissipated into the ground in the safest possible
manner.
d) Lower the earth circuit impedance, the more likely that high frequency lightning impulses will
flow through the ground electrode path, in preference to any other path.
e) High corrosion resistance, Mechanically robust and reliable.

2. Location for Earth


 Low lying areas close to the building or equipment are good for locating Earth Electrodes.
 The location can be close to any existing water bodies or water points but not naturally
well-drained.
 Dry sand, lime stone, granite and any stony ground should be avoided.
 Earthing electrode should not be installed on high bank or made-up soil.

3. Acceptable Earth Resistance value


 The acceptable Earth Resistance at Main earth busbar shall not be more than 1 ohm. For
achieving this value more than one earth pits can be installed if necessary depending up
on the soil resistivity
4. Components of Earthing & Bonding system
 The components of Earthing & Bonding system are-Earth electrode, Earth enhancement
material, Earth pit, earth bus bar, connecting cable & tape/strip and all other associated
accessories.
5. Design of Earthing & Bonding system
a) Earth Electrode
 The earth electrode shall be made of high tensile low carbon steel circular rods,
molecularly bonded with copper on outer surface to meet the requirements of
Underwriters Laboratories (UL) 467-2007 or latest as well as IEC 62561. Such copper
bonded steel cord rod is preferred due to its overall combination of strength, corrosion
resistance, low resistance path to earth and cost effectiveness.
 The earth electrode shall be UL listed and of minimum 17 mm diameter and minimum
3.0 mtrs. long.
 The minimum copper bonding thickness shall be of 250 microns.
 Marking: UL marking, Manufacturer‟s name or trade name, length, diameter, catalogue
number must be punched on every earth electrode.
 Earth electrode can be visually inspected, checked for dimensions and thickness of
copper coating using micron gauge. The supplier shall arrange for such inspection at the
time of supply, if so desired.

Contractor EE (E)
Page 12 of 68

b) Earth Enhancement material


Earth enhancement material is a superior conductive material that improves earthing
effectiveness, especially in areas of poor conductivity (rocky ground, areas of moisture variation,
sandy soils etc.). It improves conductivity of the earth electrode and ground contact area. It
shall have following characteristics tested & confirm to the requirements of IEC 62561-7.
 Shall mainly consist of Graphite and Portland cement. Bentonite content shall be negligible.
 Shall have high conductivity, improves earth‟s absorbing power and humidity retention
capability.
 Shall be non-corrosive in nature having low water solubility but highly hygroscopic.
 Shall have resistivity of less than 0.2 ohms-meter. Resistivity shall be tested by making a
20cm. cube of the material and checking resistance of the cube at the ends. The supplier
shall arrange for such testing at the time of supply, if so desired. Necessary certificate from
National/ International lab for the resistivity shall also be submitted.
 Shall be suitable for installation in dry form or in a slurry form.
 Shall not depend on the continuous presence of water to maintain its conductivity.
 Shall be permanent & maintenance free and in its “set form”, maintains constant earth
resistance with time.
 Be thermally stable between -100 C to +600 C ambient temperatures.
 Shall not dissolve, decompose or leach out with time.
 Shall not require periodic charging treatment nor replacement and maintenance.
 Shall be suitable for soils of different resistivity.
 Shall not pollute the soil or local water table and meets environmental friendly requirements
for landfill.
 Shall not be explosive.
 Shall not cause burns, irritation to eye, skin etc.
 Marking: The Earth enhancement material shall be supplied in sealed, moisture proof bags.
These bags shall be marked with Manufacturer‟s name or trade name, quantity etc.
C) Backfill material
The excavated soil is suitable as a backfill but should be sieved to remove any large stones and
placed around the electrode taking care to ensure that it is well compacted. Material like sand,
salt, coke breeze, cinders and ash shall not be used because of its acidic and corrosive nature.

6 Earth Pit
a) Construction of unit earth pit:
 A hole of 100mm to 125mm dia shall be augured /dug to a depth of about 2.8 meters.
 The earth electrode shall be placed into this hole.
 It will be penetrated into the soil by gently driving on the top of the rod. Here natural soil is
assumed to be available at the bottom of the electrode so that min. 150 mm of the electrode
shall be inserted in the natural soil.
 Earth enhancement material (minimum approx. 30-35 kg) shall be filled into the
augured/dug hole in slurry form and allowed to set. After the material gets set, the diameter
of the composite structure (earth electrode + earth enhancement material) shall be of
minimum 100mm dia covering entire length of the hole.
 Remaining portion of the hole shall be covered by backfill soil, which is taken out during
auguring /digging.

 A copper coated high tensile low carbon steel strip of 300mmX25mmX6mm , minimum
Contractor EE (E)
Page 13 of 68

copper bonding thickness shall be of 250 microns with hole on either end for connection to
earth electrode /interconnection to other strip shall be exothermically welded to main earth
electrode for taking the connection to the main equi- potential earth busbar in the
equipment room and to other earth pits, if any.
 The main earth pit shall be located as near to the main equi-potential earth busbar in the
equipment room as possible.

b) Construction of loop Earth by providing multiple earth pits


 At certain locations, it may not be possible to achieve earth resistance of ≤1ohm with one
earth electrode /pit due to higher soil resistivity. In such cases, Provision of loop earth
consisting of more than one earth pit shall be done. The number of pits required shall be
decided based on the resistance achieved for the earth pits already installed. The procedure
mentioned above for one earth pit shall be repeated for other earth pits.

 The distance between two successive earth electrodes shall be min. 3mtrs. and max. up to
twice the length of the earth electrode i.e. 6 mtrs. approx.

 These earth pits shall then be inter linked using 25X5 mm. GI Strip to form a loop using
exothermic welding technique.

 The interconnecting GI Strip shall be buried at depth not less than 500mm below the ground
level. .

7. Measurement of Earth resistance


The earth resistance shall be measured at the Main Equi-potential Earth Busbar (MEEB) with all
the earth pits interconnected. Earth resistance Inspection report shall be submitted by the
vendor as per format attached.

8. Inspection Chamber

 Poly plastic, Heavy Duty, weather-proof, environmental free earth pit chamber with cover size
about top dia 250mm bottom 330mm and height 260mm. Heavy duty of 7 TON load capacity,
the base unit should have knockouts for interconnection of strips.
 Care shall be taken regarding level of the floor surrounding the earth so that the connector is
not too deep in the masonry or projecting out of it.
 On backside of the cover, date of the testing and average resistance value shall be written
with yellow paint on black background.
9. Drawing of earthing & bonding system
 The complete layout with dimensions of the earthing system shall be submitted by the
supplier after commissioning.
10.Warranty
 The supplier shall be responsible for complete supply, installation & commissioning of the
earthing system. The warranty of such system shall be 24 months from date of
commissioning. During this period, any failure of earthing system due to improper materials
& bad workmanship shall be attended free of cost by the supplier.

Executive Engineer (E)


BSNL Electrical Division
Haldwani

Contractor EE (E)
Page 14 of 68

SECTION-3 Part B
SCHEDULE OF REQUIREMENTS (SOR)
NAME OF WORK: Rate Contract Providing chemical earthing at existing BTS Sites where 4
G BTS is to be installed under Phase IX.2 Project in OA Nainital Uttarakhand Telecom
Circle Dehradun

NIT No.13/EE (E)/BSNL/ED/HLD/23-24 Date:30.10.2023


Amount
Rate (i/c
(i/c all
all taxes
taxes &
& Duties
S.N. Description of Items Qty Unit Duties
but
but
excluding
excluding
GST)
GST)

1 Supplying, Installation, Testing ,Commissioning


of Maintenance free Chemical earth station as
per latest RDSO specifications consisting of :-
a) Steel electrode ,High Tensile ,low carbon
molecularly bonded with copper on outer
surface as Per UL requirement of 3 mtrs long,
17 mm dia with copper bonded thickness of
minimum 250 microns and a copper coated low
carbon steel strip of 300mmx25mmx6mm with
suitable hole shall be exothermically welded to
main Earth electrode for taking the connection
to main earth bus - 1No.
b) Earth Enhance material ,Maintenance free,
Environmental friendly, Mineral compounds,
Semi soluble, non corrosive, conductivity
improving material confirming to IS 62561 Part
7 of RDSO approved) =30-35 Kg
c) Poly plastic, Heavy Duty, weather-proof,
environmental free earth pit chamber with
cover size about top dia 250mm bottom 330mm
and height 260mm. Heavy duty of 7 TON load
capacity, the base unit should have knockouts
for interconnection of strips.
Note -a)Earth resistance at Main Earth bus
bar between 0.5 to 1 Ohm is to be achieved
b) Measurement of earth resistance will be
done after 24 hour as per RDSO specification
.c) Chemical Earthing work should be
strictly carried out as per RDSO
Specification attached),d )The above work is
all inclusive i/c transportation (in plain
area), T&P and testing at site complete as
required , e) The Sites of earthing will be
located in Plane as well as hill area of
Uttarakhand state so Quote the Rate
accordingly .
A In Normal Soil 49 Jobs Job
B In hard rock Soil 40 Jobs Job

Contractor EE (E)
Page 15 of 68

NIT No.13/EE (E)/BSNL/ED/HLD/23-24 Date:30.10.2023


Amount
Rate (i/c
(i/c all
all taxes
taxes &
& Duties
S.N. Description of Items Qty Unit Duties
but
but
excluding
excluding
GST)
GST)

2 S/F of 25mmx5 mm thick GI strip for inter


linked of earth electrodes and Main electrode to
main earth bus on surface /recess or buried
below 500mm below ground level i/c connection
with SS nut bolt complete etc as reqd 340 Mtr Mtr
3 Providing and fixing 450 mmx50mm x6mm GI
strip as Main earth bus bar on wall surface on
suitable insulators having suitable no holes for
connections complete etc as required .Note-
This item is to be executed on need basis..
30 Jobs Job
4 Testing of existing earthing system at the BTS or
Exchange site including excavation of soft
/hard surface for tracing the earth pits
including cleaning of bushes /Jungle (if any)
making arrangement for labour & arranging the
earth testing meter, tools necessary skilled
technician to complete the job and preparing a
testing report for tested results as per format
attached & the instruction of the Engineer-in-
Charge complete i/c transportation and making
good the damages complete etc as required
(Note;- This item will be paid if only earth
measurement is done and no work of
earthing is executed at site.) 4 Jobs Job
5 Excavation of CC Floor for laying the new
earthing system including making arrangement
for labour & tools required for the job, repairing
and making good the damages complete etc as
required at site.(Note- This item is to be
executed on need basis.) 17 Mtr Mtr
6 Extra for transportation for Man & material &
T&P at hill BTS Sites i/c arrangement for
boarding and lodging for technical team etc as
reqd (Note- This item is to be executed on
need basis.) 8 Job Job
7 Manual to and fro head loading of Earthing
material and T&P as chemical bag, GI strip,
plate etc from road side to hills top BTS site as
site requirement .(Note- This item is to be
executed on need basis.) 4 Job Job

Total

Executive Engineer (E)


BSNL, Electrical Division
Haldwani
Contractor EE (E)
Page 16 of 68

Tentative List of Sites

S.No BA SSA Site Name


1 NAINITAL Nainital INDRA NAGAR HALDWANI
2 NAINITAL Nainital Sainik School Ghorakhal
3 NAINITAL Nainital Nainital Bank Kathgodam
4 NAINITAL Nainital Kainchidham
5 NAINITAL Nainital Tanda
6 NAINITAL Nainital Caltax Kathgodam
7 NAINITAL Nainital Shyam Vihar Haldwani
8 NAINITAL Nainital Mukhani Haldwani
9 NAINITAL Nainital Mangal Parao Haldwani
10 NAINITAL Nainital Pawalgarh
11 NAINITAL Nainital Dhikuli T E
12 NAINITAL Nainital Varun Villa Nainital
13 NAINITAL Nainital Chamoli
14 NAINITAL Nainital Centurey Paper mill Lalkuna
15 NAINITAL Nainital PATLOTDHAR
16 NAINITAL Nainital Dhikuli 2 (PWD Gest House)
17 NAINITAL Nainital Sananmalla Patkot
18 NAINITAL Nainital BELPOKHRA
19 NAINITAL Nainital MONI DHAR
20 NAINITAL Nainital Kania Ramnagar
21 NAINITAL Nainital Herakhan
22 NAINITAL Nainital Pantnagar Library Building
23 NAINITAL Nainital Naukuchiyatal SILOTI
24 NAINITAL Nainital Rajendra nagar Haldwani
25 NAINITAL Nainital Mall Road NAINITAL
26 NAINITAL Nainital Birla School Nainital
27 NAINITAL Nainital Upper Danda Nainital
28 NAINITAL Nainital Birla Top Nainital
29 NAINITAL NAINITAL Pantnagar T E
30 NAINITAL NAINITAL Sidcul Sitarganj

Contractor EE (E)
Page 17 of 68

SECTION-3 Part C

Indicative Drawing Typical installation of earth

MEBB 6X50X450
mm GI bus bar
50 250x350 50
InspectionChamber

100 mm
6X25X300
mm
Cu bonded bus
bar
Poly Plastic Pit,
500

150

500 mm
Exothermicweld

To other earth pit

2800 mm
25X5 mm GI Strip

Earth enhancement powder


25x5mm GI Strip with backfill soil

Copper bonded steel earth electrode,minimum


3.0 mtr. long & minimum
17.0 mm dia.

Augured Hole
100 mm to 125 mm Dia

150 mm
(Minimum) Natural soil/backfill compound

Contractor EE (E)
Page 18 of 68

Section 3 Part D
Important Note for bidders

1. The work is of urgent nature and national important. The agency should visit the sites
before quoting and depute the technically qualified staff for preparation, execution and
supervision of work. The person should be available at site during the execution of work
till the handing over of installation..
2. Chemical Earthing work should be strictly carried out as per RDSO Specification
attached.
3. The bidder must procure Chemical Earthing material from approved OEMs
of Research Design and Standards Organisation (RDSO) for chemical
earthing and shall submit the documentary proof of purchase.
4. The Quantity is tentative and will be executed as per site requirement. The LOI can be
issued for work anywhere in BSNL UKD Zone of any quantity, full quantity or Zero
quantity of any item as per the requirement and urgency of the BSNL and the agency
/vendor will have no claim in this regard, the agency should quote accordingly.
5. 2-4 Chemical earthing per site may be done to get the desired of earth resistance
6. At Main Earth bus bar between 0.5 to 1 Ohm .The final earth resistance value should
7. be less than 1.0 Ohm. The agency will take all the necessary measures as per the
directions of Engineer-in-Charge so that the earth resistance value should be less than
1.0 Ohm and the decision of Engineer-in-Charge is final.
8. The agency should got approved the material from Engineer-in-Charge before execution of
work and the decision of Engineer-in-Charge is final
9. Measurement of earth resistance will be done after 24 hour as per RDSO specification
10. The above work is all inclusive, T&P and testing at site complete as required ,
11. The Sites of earthing will be located in Plane as well as hill area of Uttarakhand state so
Quote the Rate accordingly .
12. The bidder shall give the total composite price inclusive of all levies and taxes (but
exclusive of GST as applicable) i/c packing, forwarding, freight and insurance charges as
per existing BSNL policies.
13. The applicable GST (Less Input Tax Credit on the part of the vendor) shall be reimbursed
on production of valid GST invoice by the vendor and proof of payment of GST, as
applicable under GST Laws.
14. No advance payment will be made.

Executive Engineer (E)


BSNL Electrical Division
Haldwani

Contractor EE (E)
Page 19 of 68

CONDITIONS OF THE CONTRACT

1. The work shall be carried out as per current RDSO specifications.


2. The work shall be supervised by qualified Supervisor / Engineers.
3. Any damage done to the building during the progress of the work
shall made good by the contractor and nothing extra shall be paid
on this account.
4. The dismantled material will not be property of Contractor.
5. If some material is to be issued by the Department shall be issued
by Engineer – in – charge from the store and contractor have to
make their own arrangement to bring material from at site and
nothing extra shall be paid on account of cartage.
6. BSNL approved / ISI marked (in case not in approved list) material
shall be used and the sample of the material shall got approved from
the competent authority before use.
7. Rate quoted by the firm shall inclusive of all taxes and duties.
8. Any accident / mis happening occurred during the execution of the
work shall be responsibility of the contractors.
9. No claim for idle labor shall be entertained.
10. The contractor will be fully responsible for watch and ward of the
material at site till the same is handed over to appropriate authority.
11. Any damage done to the building / premises or equipment execution
of the work shall be made good by the firm and nothing extra shall
be paid.
12. No cartage will be paid extra to the contractor by the department
therefore the rates quoted should be inclusive of all taxes, duties etc
excluding GST.
13. The contractor will give necessary test of installation / equipment at
their own cost and nothing extra will be paid regarding tools /
equipment and specialized person etc.
14. The test certificates of manufacturer wherever required shall be
provided by the agency without any extra cost.

Signature of Contractor

Contractor EE (E)
Page 20 of 68

Approved OEMs of Research Design and Standards Organisation (RDSO) for


chemical earthing

M/s CAPE ELECTRIC PRIVATE LIMITED- 6/29 B, Kanyakumari, Main Road,


KANCHEEPURAM Kumarapuram, Village, Aralvaimozhi-
(ID- 108944) Post, Thovalai- Taluk
Regd Add. : Plot A-41B, SIPCOT, Kanyakumari,Tamil Nadu - 629301,
Oragadam, Kancheepuram India
Chennai,Telangana - 602105, India Current status since - 21/02/2022
M/s JMV LPS LIMITED-NOIDA J-12, Site C, Surajpur Industrial Area,
(ID- 57683) Greater Noida, Uttar Pradesh -
Regd Add. : W-50, Sector 11 Noida, Uttar 201306, India
Pradesh - 201301, India Current status since - 29/10/2021

M/s PARAS AGRO PLAST PVT. LTD.- Block No.1657, Vansda Road,
NAVSARI Alipore,Taluka Chikhli, Navasari,
(ID- 8767) Gujarat - 396409, India
Regd Add. : B-9, Ground Floor, Hind Current status since - 16/12/2022
Saurashtra, Industrial Estate, Marol , Kurla
Road, Andheri (E) Mumbai, Maharashtra -
400059, India
M/s PRAGATI ELECTROCOM PRIVATE Village- Keshwana Rajput, Kotputli
LIMITED-GURGAON Industrial Area Jaipur,Rajasthan -
(ID- 54320) 303108, India
Regd Add. : Plot No. 184/3, Phase-1, IMT Current status since - 07/12/2021
Manesar Gurgaon, Haryana - 122050, India
M/s VRH LIGHTNING PROTECTION GATE NO.926 PYAREPUR
PRIVATE LIMITED-RAEBARELI HARCHANDPUR RAEBARELI, Uttar
(ID- 1050976) Pradesh - 229303, India
Regd Add. : GATE NO 926, VILLAGE Current status since - 22/02/2023
PYAREPUR, BLOCK HARCHANDPUR
RAEBARELI, Uttar Pradesh - 229303, India

Contractor EE (E)
Page 21 of 68

Earth Inspection report

A) Name of Work - Providing Chemical earthing at existing BTS Sites where 4 G BTS
is to be installed under Phase IX.2 Project in OA Nainital Uttarakhand Telecom
Circle Dehradun
B) Agreement no –

C) Agency -

REPORT

1.Name of Site –

2.Date Of inspection -

3.Name of person attended for recording -

4.Existing Earth Resistance


a. (Equipment) - Ohm
b. (Lightening Arrester) - Ohm

Note – If existing equipment earth resistance is above 1 Ohms then agency


have to execute the Chemical earthing at site

5. No of Chemical Earth provided -

6. Type of soil -

7.Earth resistance value at main bus - Ohm

Sign of Vendor Sign of BSNL representative

Contractor EE (E)
Page 22 of 68

SECTION-4 Part A

GENERAL INSTRUCTIONS TO BIDDERS (GIB)

1. DEFINITIONS

1.1 "The Purchaser" means the Bharat Sanchar Nigam Ltd. (BSNL), Bharat Sanchar Nigam
Ltd. (BSNL), ………… Telecom Circle, Concerned BA / SSA.
1.2 "The Bidder" means the individual or firm who participates in this tender and submits
its bid.
1.3 “The Vendor/Bidders /Bidder” means the individual or firm supplying the goods /
services under the contract.
1.4 "The Service" means all the to provide the required for operation and Comprehensive
Maintenance of Electro-Mechanical services of Telephone Exchanges to the Purchaser
under the contract.
1.5 "The Advance Purchase Order" or “Letter of Intent” means the intention of Purchaser
to place the Purchase Order on the bidder.
1.6 "The Work Order" means the order placed by the Purchaser on the Supplier signed by
the Purchaser including all attachments and appendices thereto and all documents
incorporated by reference therein. The Work order shall be deemed as "Contract"
appearing in the document.
1.7 "The Purchase Order" means the order placed by the Purchaser on the Supplier signed
by the Purchaser including all attachments and appendices thereto and all documents
incorporated by reference therein. The purchase order shall be deemed as "Contract"
appearing in the document.
1.8 "The Contract Price" means the price payable to the Supplier under the purchase order
for the full and proper performance of its contractual obligations.
1.9 "Telecom Bidders " means any Telecom operator in India, who is licensed by the
Department of Telecommunications (DOT), Government of India to provide telecom
services to the general public or to the other DOT licensed Telecom operators. "Telecom
Bidders " also refers to any Telecom operator in other countries providing telecom services
to general public of that country or to other telecom operators of the same country.
1.10 “SSA” means Secondary Switching Areas defined by BSNL (generally comprising of
one or more revenue districts).
1.11 “BA” means Business Area comprising of one or more SSA‟s.
1.12 “Successful Bidder(s)” means the bidder(s) to whom work in this tender is awarded.
1.13 “EMS” means Electro Mechanical Service(s) as defined in this contract.
1.14 “CET” means Tender Evaluation Committee as defined in this contract.

2 ELIGIBILITY CONDITIONS:

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


2.2 The Bidder must furnish the documentary evidence to meet the eligibility conditions laid
down in general, technical, and financial qualification criteria.

3 COST OF BIDDING
The bidder shall bear all costs associated with the preparation and submission of the bid.
BSNL will, in no case, be responsible or liable for these costs, regardless of the conduct
or outcome of the bidding process.

Contractor EE (E)
Page 23 of 68

4 DOCUMENTS REQUIRED
4.1 The detailed list of services required to be provided by the bidder, bidding procedures and
contract terms and conditions are prescribed in the Bid Documents. The contents of the
Bid documents are specified in the covering letter.
4.2 The Bidder is expected to examine all instructions, forms, terms and specifications in
the Bid Documents and clarifications/amendments/addenda, if any. Failure to furnish
all information required as per the Bid Documents or submission of the bids not
substantially responsive to the Bid Documents in every respect will be at the bidder's risk
and may result in rejection of the bid.

5 CLARIFICATION OF BID DOCUMENTS


5.1 A prospective bidder, requiring any clarification on the Bid Documents shall notify BSNL
in writing by email to tender inviting authority as indicated in the invitation of Bid. BSNL
shall respond in writing to any request for the clarification of the Bid Documents, which it
received latest upto 3 days from issue of NIT Copies of the query (without identifying the
source) and clarifications by BSNL shall be sent to all the prospective bidders who have
received the bid documents. (Format for submission of queries in Excel sheet only).

5.2 Any clarification issued by BSNL in response to query raised by prospective bidders shall
form an integral part of bid documents and shall amount to an amendment of the
relevant clause of the bid documents.

6 AMENDMENT OF BID DOCUMENTS


6.1 BSNL may, for any reason, whether at its own initiative or in response to a clarification
requested by a prospective bidder, may modify bid documents by amendments prior to
the date of submission of Bids with due notification to prospective bidders.

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


tendering portal (for tenders invited through e-tendering process) to all prospective
bidders on the address intimated at the time of purchase of the bid document from BSNL
and these amendments will be binding on them.

6.3 In order to afford prospective bidders a reasonable time to take the amendment into
account in preparing their bids, BSNL may, at its discretion, extend the deadline for the
submission of bids suitably.

7 DOCUMENTS COMPRISING THE BID


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

7.1 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 4 & 10.

7.2 Bid Security furnished in accordance with clause 11.

7.3 A price schedule completed in accordance with section 3 Part B

Contractor EE (E)
Page 24 of 68

8 BID FORM

The bidder shall complete the bid form and appropriate Price Schedule furnished in the
Bid Documents, indicating the goods to be supplied, brief description of the goods,
quantity, and prices as per section- 9.

9 BID PRICES – NOT APPLICABLE

10 DOCUMENTS ESTABLISHING BIDDER’S ELIGIBILITY AND QUALIFICATION

10.1 The bidder shall furnish, as part of the bid documents establishing the bidder's eligibility,
the following documents or whichever is required as per terms and conditions of Bid
Documents.

a) Valid MSE Certificate, if applicable. If MSE Entrepreneurs happens to be from SC/ST or


Women category, proof in this regard also need to be submitted.

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


NIT

c) Power of Attorney as per clause 14.3 (a) and (d) and authorization for executing the
power of Attorney as per clause 14.3 (b) or (c) of this section.

d) Documentary proof of GST registration. If the bidder is not registered with GST authority
at the time of bid submission, then he shall have to submit GST registration at the time of
award of work/ LoI/signing of contract, if declared successful.

e) Certificates from all Directors of the bidder stating that none of their near relatives are
working in BSNL in accordance with clause 34 or details of near-relatives working in
BSNL.

f) Certificate of Incorporation/Registration.

g) Article or Memorandum of Association or partnership deed or proprietorship deed as the


case may be. 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.

10.2 DOCUMENTARY EVIDENCE FOR FINANCIAL AND TECHNICAL


CAPABILITY

a) The bidder shall furnish audited Annual Reports (if applicable for last three financial
years) & IT Returns and a certificate from its bankers to assess its solvency/financial
capability to the tune 30% of annual estimated cost of tender.

b) The bidder shall furnish documentary evidence about technical and production capability
necessary to perform the contract.

11. DOCUMENTS ESTABLISHING CONFORMITY TO BID DOCUMENTS

11.1 The bidder shall furnish, as part of its bid, documents establishing the conformity of its
bid to the Bid Documents of all goods and services which he proposes to supply under the
contract.

Contractor EE (E)
Page 25 of 68

11.2 The documentary evidences of the "goods and services" conformity to the Bid
Documents may be, in the form of literature, drawings, data etc. and the bidder
shall furnish:
A clause-by-clause compliance on the purchaser's Technical Specifications and
Commercial Conditions demonstrating substantial responsiveness to the Technical
Specifications and Commercial Conditions. In case of deviations, a statement of the
deviations and exception to the provision of the Job Specifications and Commercial
Conditions shall be given by the bidder.

12. BID SECURITY / EMD

12.1 The bidder shall furnish, as part of its bid, a bid security as mentioned in Section-
1(DNIT).
12.2 The MSE bidders are exempted from payment of bid security.
a) Udyam Registration certificate as per clause 2.2 of Section-1, will have to be attached
along with the bid.

b) The Udyam registration certificate issued by MSE should be valid on the date of opening
of tender to prove that they are in Micro or Small Enterprise category.

c) MSE units are required to submit its monthly production capacity to meet the delivery
schedule of tendered item.

d) If a MSE vendor, duly registered with body specified by Ministry of Micro, Small &
Medium Enterprise claiming concessional benefits, is awarded work by BSNL and
subsequently fails to obey any of the contractual obligations, he will be debarred from any
further work/ contract by BSNL for one year from the date of issue of such order.

12.3 The bid security is required to protect the purchaser against the risk of bidder's
conduct, which would warrant the forfeiture of bid security pursuant to Para 12.7.
12.4 A bid not secured in accordance with Para 12.1 & 12.2 shall be rejected by the
Purchaser being non- responsive at the bid opening stage and archived unopened on e-
tender portal for e-tenders and returned to the bidder unopened (for manual bidding
process).

12.5 The bid security of the unsuccessful bidder will be discharged/ returned as promptly
as possible and within 30 days of finalization of the tender or expiry of the period of the
bid validity period prescribed by the purchaser pursuant.

12.6 The successful bidder's bid security will be discharged upon the bidder's acceptance
of the advance purchase order satisfactorily in accordance with clause 27 and furnishing
the performance security, except in case of L-1 bidder, whose EMBG/EMD shall be
released only after the finalization of ordering of complete tendered quantity
12.7 The Bid Security or EMD may be forfeited:
a) If the bidder withdraws or amends its bid or impairs or derogates from the bid in any
respect during the period of bid validity specified by the bidder in the bid form or extended
subsequently;
OR
b) If the bidder does not accept the APO/ AWO and/ or does not submit PBG & sign the
contract/ agreement.

c) The bidder/firm is found to have been already blacklisted by BSNL/DOT/Govt.


Org./Govt. Department/PSU/GST Authorities at any stage of tender/supply.

Contractor EE (E)
Page 26 of 68

13. PERIOD OF VALIDITY OF BIDS

13.1 Bid shall remain valid for period specified in clause 2 of Tender Information. A bid valid
for a shorter period if on pointing out by BSNL for the same, the bidder does not
undertake to make his bid valid for required duration, then the bid shall be rejected by
BSNL and shall be treated as non-responsive.
13.2 In exceptional circumstances, BSNL may request the consent of the bidder for an
extension to the period of bid validity. The request and the response thereto shall be made
in writing. The bid security provided under clause 12 shall also be suitably extended. The
bidder may refuse the request without risk of forfeiting its bid security. A bidder
accepting the request and granting extension will not be permitted to modify its bid. In
such case the validity of Bid security Declaration by bidder will also get extended
automatically.

14. FORMAT AND SIGNING OF BID

14.1 The bidder shall submit his bid online (in case of e-tendering) & through sealed
envelopes physically (in case of tenders with manual bidding process), complying all
eligibility conditions, other terms and conditions of tender document to be read along
with the clarifications and amendments issued in this respect. All the documents must
be authenticated, using Digital Signature (in case of e-tendering) & by hand signatures
(for manual bidding process), by the authorized person and uploaded in the e-portal. The
letter of authorization shall be indicated by written power-of-attorney accompanying the
bid and also to be uploaded.

Note: BSNL may ask the bidder(s) to supply, besides original bid, additional copy of bids
as required by him.

14.2 The bid shall contain no interlineations, erasures or overwriting except as necessary to
correct errors made by the bidder in which case such corrections shall be signed by the
person or persons signing the bid. All pages of the original bid, except for un-amended
printed literatures, shall be digitally signed by the person or persons signing the bid.

14.3 POWER OF ATTORNEY

(a) The power of Attorney should be submitted and executed on the non-judicial stamp
paper of appropriate value as prevailing in the concerned states(s) and the same be
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. A copy of resolution authorizing the concerned person (issuing PoA) by the
Board of Director to execute power of attorney shall be attached.

In case Board resolution is available for authorization in favour of the signatory


of bid, then separate PoA on stamp paper, is not required. In this case, signature
of authorized signatory for the bid must be attested by Bank.

(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. A copy of the Partnership deed (first, last
and relevant pages) duly attested by all partners shall be attached.

(d) Attestation of the specimen signatures of authorized signatory (who issues PoA) 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
Contractor EE (E)
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provided.

(e) Any individual authorized in writing to execute Contracts or other agreements or


commitments or physically sign or digitally sign the bid documents etc. on behalf of the
bidder company shall be one of the powers of attorney holders of the bidder company as
per the tender document. The letter of authorization shall be indicated by written power
of attorney accompanying the bid.

15. SEALING AND MARKING OF BIDS


15.1 The bid should be submitted as per tender documents

15.2 The bids are being called under Single Stage Bidding & Two stage opening using two
Envelope System.

15.3 The details of sealing & marking of bids in each case is given below:

15.4 In Single stage bidding & two envelopes system the bidder shall submit his bid online
in two electronic envelopes. The First envelope will be named as Techno-commercial
bid. This envelope will contain documents of bidder‟s satisfying the eligibility / Technical
& commercial conditions with Bid Security as per Clause 12. Second envelope will be
named as financial bid containing Price Schedules.

15.5 Marking of Tender

a) The offline envelope shall be addressed to the purchaser inviting the tender:
………………………………………………………………….
Bharat Sanchar Nigam Limited,
….……………………………………………………………..

b) The offline envelope shall bear the name of the tender, the tender number, and the words
'DO NOT OPEN BEFORE' (due date & time).

c) The inner and outer offline envelopes (in case of manual tendering process) shall indicate
the name and complete postal address of the bidder to enable the purchaser to return the
bid unopened in case it is declared to be received 'late'.

d) Offline envelope should be deposited in the tender box provided by tendering authority or
delivered in person on above mentioned address (address is given in Clause 15.2 (a)
above). The responsibility for ensuring that the tenders are delivered in time, would vest
with the bidder.

e) Bids delivered in person on the day of tender opening shall be delivered upto specified
time & date as stated in NIT to …………………..BSNL, ........ at the venue (address is given
in Clause 14). BSNL shall not be responsible if the bids are delivered elsewhere.

f) Venue of Tender Opening: As per clause 14 at specified time & date as stated in NIT.

If due to administrative reasons, the venue of Bid opening is changed, it will be displayed
prominently on BSNL website, e-tender portal (as the case may be).

15.6 If both the envelopes are not submitted as required at para 15, the bid shall be
rejected.

16 SUBMISSION OF BIDS
16.1 Online Bids must be submitted by the bidders on or before the specified date & time
indicated in Clause- 6 of Section-I i.e., DNIT.

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16.2 BSNL may, at its discretion, extend this deadline for the submission of bids by
amending the Bid Documents in accordance with clause 6 in which case all rights and
obligations of BSNL and bidders previously subject to the deadline will thereafter be
subjected to the extended deadline.

16.3 The bidder shall submit its bid offer against bid documents purchased / downloaded
from BSNL website/ e-tender portal for all as per requirement of the Bid Documents.

17 LATE BIDS
No bid shall be accepted either online by E-Tender Portal or physically in
case of manual bidding process after the specified deadline for submission of
bids prescribed by BSNL.
18 MODIFICATION AND WITHDRAWAL OF BIDS
18.1 The bidder may modify, revise or withdraw his bid after submission prior to
deadline prescribed for submission of bid.

18.2 The bidder‟s modification, revision or withdrawal shall have to be online and digitally
authenticated (in case of e-tendering) & physically (in case of manual bidding process) as
per clause 15.

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

19 OPENING OF BIDS BY BSNL

19.1 BSNL shall open bids online in presence of representative of bidders, who choose to
attend, at time & date specified in Clause 7 of DNIT(Section-1) on due date.

19.2 The bidder's representatives, who are present, shall sign in an attendance register.
Authority letter to this effect shall be submitted by the authorized representatives of
bidders before they are allowed to participate in bid opening (A Format is given in
enclosed in Section-7 C).

19.3 A maximum of two representatives of any bidder shall be authorized and permitted to
attend the bid opening.

19.4 Name of envelopes to be opened & information to be read out by Bid Opening
Committee (or as displayed by e-tender system).

(i) In Single stage bidding & two envelopes system; the bids will be opened in 2 stages
i.e., the techno-commercial bid shall be opened on the date of tender opening given in
NIT Thereafter, the CET/TPC will evaluate Techno-commercial bids & the report of CET
will be approved by competent authority. The financial bids of those bidders who are
approved to be techno-commercially compliant by the competent authority, will be
opened by TOC in front of techno commercially eligible bidders/authorized
representatives by sending them a suitable notice.

(ii) The following information (or as per e-tender system) shall be made available at the
time of Techno-commercial bid opening: -
a) Name of the Bidder
b) Name of the item
c) EMD amount & validity and acceptability
d) Information in respect of eligibility of the bidder.
e) Details of bid modification/ withdrawal, if applicable.

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(iii) The following information (or as per e-tender system) shall be made available at the
time of financial bid opening: -
a) Name of the Bidder.
b) Name of the item.
c) Quantities/Prices quoted in the bid.
d) Discount, it offered.
e) Taxes & levies.
19.5 The date fixed for opening of bids, if subsequently declared as holiday by the BSNL,
the revised date of schedule will be notified. However, in absence of such notification, the
bids will be opened on next working day, time and venue remaining unaltered.

20 CLARIFICATION OF BIDS

20.1 To assist in the examination, evaluation and comparison of bids, the purchaser may,
at its discretion ask the bidder for the clarification of its bid. The request for the
clarification and the response shall be in writing. However, no post bid clarification at
the initiative of the bidder shall be entertained.

20.2 If any of the documents, required to be submitted along with the technical bid is found
wanting, the offer is liable to be rejected at that stage. However, the purchaser at its
discretion may call for any clarification regarding the bid document within a stipulated
time period. In case of non-compliance to such queries, the bid will be out rightly rejected
without entertaining further correspondence in this regard.

21 PRELIMINARY EVALUATION

21.1 BSNL shall evaluate the bids to determine whether they are complete, whether any
computational errors have been made, whether required sureties have been furnished,
whether the documents have been properly signed and whether the bids are generally in
order.

21.2 Arithmetical errors shall be rectified on the following basis. Based on the quoted
percentage of duties and taxes, Freight etc. the amounts quoted thereof shall be worked
out and rounded off to 2 decimal points. In case the unit price quoted in column 12 does
not tally with its breakup quoted in col. 4, 6, 8,10 & 11, the same shall be corrected by
summing up the breakups. 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 purchaser.
21.3 If there is a discrepancy between words and figures, the amount in words shall
prevail. If the supplier does not accept the correction of the errors, its bid shall be
rejected.
21.4 Prior to the detailed evaluation pursuant to clause 21, BSNL will determine the
substantial responsiveness of each bid to the Bid Document. For purposes of these
clauses, a substantially responsive bid is one which confirms to all the terms and
conditions of the Bid Documents without material deviations. The purchaser's
determination of bid's responsiveness shall be based on the contents of the bid itself
without recourse to extrinsic evidence.

21.5 A bid, determined as substantially non-responsive will be rejected by the purchaser


and shall not subsequent to the bid opening be made responsive by the bidder by
correction of the non-conformity.

21.6 BSNL may waive any minor infirmity or non-conformity or irregularity in a bid which
doesn't constitute a material deviation, provided such waiver doesn't prejudice or affect
the relative ranking of any bidder.

22 EVALUATION AND COMPARISON OF SUBSTANTIALLY RESPONSIVE BIDS

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22.1 BSNL shall evaluate in detail and compare the financial bids of only those bidders,
whose techno- commercial bids are determined to be substantially responsive pursuant
to clause 21.
22.2 The financial evaluation and comparison of responsive bids shall be done on the
basis of Net cost to BSNL on the prices of the services offered excluding GST which are
creditable to BSNL, as per price schedule in the Section-9 Part B of the Bid-document
after arithmetical correction in the manner laid down in clause 21.2 above.

22.3 Vendors should furnish the correct HSN/SAC in the price Schedule. If the Bidders
fails to furnish necessary supporting documents i.e., GST invoices etc. in respect of the
Duties/taxes for which ITC is available to BSNL, the amount pertaining to such
Duties/Taxes will be deducted from the payment due to the firm.
23 CONTACTING BSNL

23.1 Subject to Clause 20, no bidder shall try to influence BSNL on any matter relating to
its bid, from the time of the bid opening till the time the contract is awarded.

23.2 Any effort by a bidder to modify its bid or influence BSNL in its bid evaluation, bid
comparison or contract award decision shall result in the rejection of the bid.

24 PLACEMENT OF ORDER
24.1 BSNL shall consider placement of orders for commercial supplies only 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.

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

BSNL reserves the right to accept or reject any bid, and to annul the bidding
process and reject all bids, at any time prior to award of contract without
assigning any reason whatsoever and without thereby incurring any liability to
the affected bidder or bidders on the grounds of purchaser‟s action.

26 ISSUE OF ADVANCE PURCHASE ORDER

26.1 The issue of an Advance Purchase Order (APO)/Advance Work Order (AWO) shall
constitute the intention of the Purchaser to enter into contract with the bidder.

26.2 The bidder shall within 14 days of issue of the advance purchase order, has to submit
performance security in conformity with the proforma provided with the bid document at
Section-7B.

27 AWARD OF CONTRACT

27.1 The issue of Purchase order shall constitute the award of contract on the bidder.
27.2 Upon the successful bidder furnishing performance security pursuant to clause 27,
the Purchaser shall discharge the bid security in pursuant to clause 12, except in case of
L-1 bidder, whose EMBG/ EMD shall be released only after finalization of ordering of
complete tendered quantity in pursuance to clause no. 24 & 27 of this section.

28 ANNULMENT OF AWARD

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Failure of the successful bidder to comply with the requirement of clause 27 &
28 shall constitute sufficient ground for the annulment of the award and the
forfeiture of the bid security in which event the Purchaser may make the award
to any other bidder at the discretion of the purchaser or call for new bids.
29 QUALITY ASSURANCE REQUIREMENTS- NOT APPLICABLE

30 REJECTION OF BIDS

30.1 While all the conditions specified in the Bid documents are critical and are to be
complied, special attention of bidder is invited to the following clauses of the bid
documents. Non-compliance of any one of these shall result in outright rejection of the
bid.

a) Clauses 12.1, 12.2 & 13.1 of Section- 4 Part A: The bids will be rejected at opening stage
if Bid security is not submitted as per Clauses 12.1 & 12.2 and bid validity is less than
the period prescribed in Clause 13.1 mentioned above.

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


Part A is not met and/ or documents prescribed to establish the eligibility as per Clause
10 of section 4 Part A are not enclosed, the bids will be rejected without further
evaluation.

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


statements as prescribed are not given, the bid will be rejected at the stage of primary
evaluation.

d) While giving compliance to Section-5 Part A, General Commercial conditions, Section-4


Part B, Special Instructions to Bidders, Section-5B Special (Commercial) Conditions of
Contract and Section-3 Technical Specifications ambiguous words like "Noted",
"Understood", “Noted & Understood" shall not be accepted as complied. Mere "Complied"
will also be not sufficient, reference to the enclosed documents showing compliances
must be given.

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

30.2 Before outright rejection of the Bid by Bid-opening team for non-compliance of any of
the provisions mentioned in clause 31.1(a), 31.1(b) of Section-4PartA, the bidder
company is given opportunity to explain their position, however if the person representing
the company is not satisfied with the decision of the Bid opening team, he/they can
submit the representation to the Bid opening team immediately but in no case after
closing of the tender process with full justification quoting specifically the violation of
tender condition if any.

30.3 Bid opening team will not return the bids submitted by the bidders on the date of
tender opening even if it is liable for rejection and will preserve the bids in sealed cover as
submitted by taking the signatures of some of the desirous representatives of the
participating bidder/companies present on the occasion.

30.4 The in-charge of Bid opening team will mention the number of bids with the name of
the company found unsuitable for further processing on the date of tender opening and
number of representations received in Bid opening Minutes and if Bid opening team is
satisfied with the argument of the bidder/company mentioned in their representation
and feel that there is prima-facie fact for consideration, the in-charge of the bid opening
Contractor EE (E)
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team will submit the case for review to Officer competent to approve the tender as early
as possible preferably on next working day and decision to this effect should be
communicated to the bidder company within a week positively. Bids found liable for
rejection and kept preserved on the date of tender opening will be returned to the bidders
after issue of P.O. against the instant tender.
30.5 If the reviewing officer finds it fit to open the bid of the petitioner, this should be done
by giving three (working) days notice to all the participating bidders to give opportunity to
participants desirous to be present on the occasion.

31 ACTION BY PURCHASER AGAINST BIDDER(S)/ VENDOR(S) IN CASE OF


DEFAULT
As per Appendix-1 to Section 4 Part A

32 NEAR-RELATIONSHIP CERTIFICATE
32.1 The bidder should give a certificate that none of his/ her near relative, as defined
below, is working in the unit (Division) 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.

32.2 The Company or firm or the person will also be debarred for further participation in
the concerned unit.

32.3 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).

32.4 The format of the certificate is given in Section 6 (B). If, however, there are near
relatives of bidders, working in BSNL unit inviting tender, then bidder should declare
details (Name, Designation, office where employed and contact mobile numbers).

33 VERIFICATION OF DOCUMENTS AND CERTIFICATES

33.1 The bidder will ensure that all the documents and certificates, including
experience/performance and self-certificates submitted by him are correct and
genuine before enclosing them in the bid. The onus of proving genuineness of the
submitted documents would rest with the bidder.

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


found / discovered to be false / fabricated / tempered / manipulated either
during bid evaluation or during award of contract or thereafter, then the
Purchaser will take action as per Clause-1 of Appendix-1 of this section.

Contractor EE (E)
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Note for Tender opening Committee:

a) At the time of tender opening, the TOC will check/ verify that the documents
conforming to eligibility part are submitted by the participant bidder duly
authenticated by the authorized signatory to obviate any possibility of doubt
and dispute and maintain veracity of the documents / papers/ certificates.

b) The documents/ papers to be submitted in respective bid part have been


explicitly stated in Clause-7 of Section-4 Part A.

c) This opened bid part which is already signed by the authorized representative of
the bidder company during bid submission will be signed by the tender opening
committee on hard copy and preserve it along with the bids received online in
case of e-tendering.

d) These papers will be treated as authentic one, in case of any dispute.

34 SECURITY CLAUSE AS PER LATEST GUIDELINES AND REQUIREMENT


Mandatory Licensing requirements with regards to security related concerns
issued by the Government of India from time-to-time as applicable.

Contractor EE (E)
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Appendix-1 to Section 4 Part A of Chapter 4 (Standard Tender Enquiry Document)

S. Defaults of the bidder / vendor. Action to be


No. taken
A B C
1(a) Submitting fake / forged i) Rejection of tender bid of respective
a) Bank Instruments with the bid to Vendor.
meet terms & condition of tender in ii) Banning of business for 3 years which implies
respect of tender fee and/ or EMD / barring further dealing with the vendor for
PBG; procurement of Goods & Services including
b) Certificate for claiming participation in future tenders invited by BSNL for
exemption in respect of tender fee 3 years from date of issue of banning order.
and/ or EMD; iii) Termination/ Short Closure of PO/WO, if
and detection of default at any stage issued. This implies non-acceptance of further
from supplies / work & services except to make the
receipt of bids till award of APO/ already received material work/ complete work in
issue of PO/WO. hand.

Note 1:- Payment for already received supplies/ completed work shall be made as
per terms & conditions of PO/ WO.
1(b) Submitting fake / forged documents
towards meeting eligibility criteria
such as experience capability,
supply proof, registration with
Goods and Service Tax, Income Tax
departments etc and as supporting
documents towards other terms &
conditions with the bid to meet
terms & condition of tender :
(i) If detection of default is prior i) Rejection of Bid &
to award of APO ii) Forfeiture of EMD.
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 &
(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.
1(b) (iii) If detection of default after i) Cancellation of APO.
con receiptof PG/ SD (DD,BG etc.) . ii) Rejection of Bid &
t d. iii) Forfeiture of PG/ SD.
However, on realization of PG/ SD amount, EMD, if
not already 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.

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(iv) If detection of default after i) Termination/ Short Closure of PO/WO and


issue 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.
2 If vendor or his representative
uses violent/ coercive means viz.
Physical / Verbal means to
threaten BSNL Executive /
employees and/ or obstruct him
from functioning in discharge of Banning of business for 3 years which implies
his duties & responsibilities Barring further dealing with the vendor for
for the following : procurement of Goods & Services including
a) Obstructing functioning of participation in future tenders invited by BSNL for
tender opening executives of BSNL 3 years from date of issue of banning order.
in receipt/ opening of tender bids
from prospective Bidders,
suppliers/ Contractors.
b) Obstructing/ Threatening other
prospective bidders i.e. suppliers/
Contractors from entering the
tender venue and/ or submitting
their tender bid
freely.
3 Non-receipt of acceptance of Forfeiture of EMD.
APO/AWO and SD/ PG by L-1
bidder within time period specified
in APO/ AWO.
4.1 Failure to supply and/ or i) Termination of PO/ WO.
Commission the equipment and ii) Under take purchase/ work at the risk &
/or execution of the work at all cost of defaulting vendor.
even in extended delivery iii) Recover the excess charges if incurred from
schedules, if granted against PO/ the PG/ SD and outstanding bills of the defaulting
WO. Vendor.
4.2 Failure to supply and/ or i) Short Closure of PO/ WO to the quantity
Commission the equipment and already received by and/ or commissioned in
/or execution of the Work in full BSNL and/ or in pipeline provided the same is
even in extended delivery usable and/or the Vendor promises to make
schedules, if granted against PO/ it usable.
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.

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The supplied equipment does not i) If the material is not at all acceptable, then
5.1 perform satisfactory in the field in return the non-acceptable material (or its part) &
accordance with the specifications recover its cost, if paid, from the o/s
mentioned in the PO/ bills/ PG/ SD. OR
WO/Contract. ii) If the material is inducted in network & it is not
possible to return it and/ or material is acceptable
with degraded performance, the purchaser may
determine the price for degraded equipment
(Financial penalty = Price – price determined for
degraded equipment) himself and/ or through a
committee. Undertake recovery of financial
penalty from outstanding dues of vendor
including PG/ SD.
5.2 Major quality problems (as i) If the material is not at all acceptable, then
established by a joint team / return the non-acceptable material (or its part) &
committee of User unit(s) and QA recover its cost, if paid, from the o/s
Circle) / performance problems bills/ PG/ SD; OR
and non-rectification of defects ii) If the material is inducted in network & it is
(based on reports of field units and not possible to return it and/ or material is
QA circle). acceptable with degraded performance, the
purchaser may determine the price for degraded
(NOT APPLICABLE) equipment (Financial penalty = Price – price
determined for degraded equipment) himself and/
or through a committee. Undertake recovery
of financial penalty from outstanding dues of
vendor including PG/ SD; and
iii) Withdrawal of TSEC/ IA issued by QA
Circle. (NOT APPLICABLE)

6 Submission of claims to BSNL i) Recovery of over payment from the outstanding


against a dues of Vendor including EMD/ PG & SD etc. and
Contract by invoking „Set off‟ clause 21 of Section 5 Part A
(a) for amount already paid by or by any other legal tenable
BSNL. 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 over payment in full, whichever is later.
c) for unit rate and/ or amount
higher than that approved by BSNL
for that purchase.
Note 5:- The claims may be submitted with or without collusion of BSNL Executive/
employees.
Note 6:- This penalty will be imposed irrespective of the fact that payment is disbursed
by BSNL or
not.
7 Network Security/ Safety/ Privacy: i) Termination of PO/ WO.
- If the vendor tampers with the ii) Banning of business for 3 years which implies
hardware, software/ firmware or barring further dealing with the vendor for
in any other way that procurement of Goods & Services including
participation in future tenders invited by BSNL for
a) Adversely affects the normal 3 years from date of issue of banning order.
working of BSNL equipment(s) iii) Recovery of any loss incurred on this account
and/ or any other TSP through from the Vendor from its PG/ SD/ O/s bills etc.
BSNL.

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7 b) Disrupts/ Sabotages ( Continued from page 178)


con functioning of the BSNL iv) Legal action will be initiated by BSNL
- td. network equipment such as against the Vendor if required.
exchanges, BTS, BSC/ MSC,
Control equipment including IN (NOT APPLICABLE)
etc., transmission equipment
but not limited to these
elements and/ or any other TSP
through BSNL.
c) tampers with the billing related
data/ invoicing/ account of the
Customer/ User(s) of BSNL
and/ or any other TSP(s).
d) hacks the account of BSNL
Customer for unauthorized use
i.e. to threaten others/ spread
improper news etc.
e) undertakes any action that
affects/ endangers the security
of India.
8 If the vendor is declared bankrupt i) Termination/ Short Closure of the PO/
or insolvent or its financial WO.
position has become unsound and ii) Settle bills for the quantity received in correct
in case of a limited company, if it is quantity and quality if pending items do not affect
wound up or it is liquidated. working or use of supplied
items.
iii) No further supplies are to be accepted except
that required to make the already supplied
items work.
iv) In case of turnkey projects, If the material is
commissioned and is usable without any
degradation of performance, then settle bills for
the acceptable equipment/ material (or its part).
v) In case of turnkey projects, if the material is
inducted in network & it is not possible to return
it and/ or material is acceptable with degraded
performance, the purchaser may determine the
price for degraded equipment (Financial penalty =
Price – price determined for degraded equipment)
himself and/ or through a committee.
8
Undertake recovery of financial penalty from
con
outstanding dues of vendor including PG/ SD.
- td.

Contractor EE (E)
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9 In the event of the vendor, its i) Termination/ Short Closure of the PO/
proprietor, Director(s), partner(s) is WO.
/ are convicted by a Court of Law ii) Settle bills for the material received in correct
following prosecution for offences quantity and quality if pending items do not affect
involving moral turpitude in working or use of supplied
relation to the business dealings. items.
iii) No further supplies are to be accepted except
that required to make the already supplied
items work.
iv) In case of turnkey projects, If the material is
commissioned and is usable without any
degradation of performance, then settle bills for
the acceptable equipment/ material (or its part). v)
In case of turnkey projects, If the material is
inducted in network & it is not possible to return
it and/ or material is acceptable with degraded
performance, the purchaser may determine the
price for degraded equipment (Financial penalty =
Price – price determined for degraded equipment)
himself and/ or through a committee.
Undertake recovery of financial penalty from
outstanding dues of vendor including PG/ SD.
10 If the vendor does not return/ i) Take action to appoint Arbitrator to adjudicate
refuses to return BSNL‟s dues: the dispute.

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


ii) Banning of business for 3 years which implies
barring further dealing with the vendor for
procurement of Goods & Services including
participation in future tenders invited by BSNL
from date of issue of banning order or till the date
by which vendor clears the BSNL‟s dues,
whichever is later.
iii) Take legal recourse i.e. filing recovery suite
in appropriate court.
b) inspite of Court Orders. i) Termination of contract, if
any.
ii) Banning of business for 3 years which implies
barring further dealing with the vendor for
procurement of Goods & Services including
participation in future tenders invited by BSNL
from date of issue of banning order or till the date
by which vendor clears the BSNL‟s dues,
whichever is later.
11 If the Central Bureau of Take Action as per the directions of CBI or
Investigation/ Independent concerned department.
External Monitor (IEM) / Income
Tax/ Goods and Service Tax /
Custom Departments
recommends such a course
12 The following cases may also
be considered for Banning of
business:

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(a) If there is strong justification


for believing that the proprietor,
manager, MD, Director, partner, i) Banning of business for 3 years which implies
employee or representative of the Barring
vendor/ supplier has been guilty of further dealing with the vendor for procurement
malpractices such as bribery, of Goods & Services including participation in
corruption, fraud, substitution of future tenders invited by BSNL for 3 years from
tenders, interpolation, date of issue of banning order.
misrepresentation with respect to
the contract in question.
(b) If the vendor/ supplier fails to
execute a contract or fails to
execute it satisfactorily beyond
the provisions of Para 4.1 & 4.2.
(c) If the vendor/ supplier fails to
submit required documents/
information, where required.
(d) Any other ground which in the
opinion of BSNL is just and proper
to order for banning of business
dealing with a vendor/ supplier.
Note 7: The above penalties will be imposed provided it does not clash with the provision of
this tender.
Note 8:-In case of clash between these guidelines & provision of invited tender, the provision
in this tender shall prevail over these guidelines.
Note 9:Banning of Business dealing order shall not have any effect on the existing/ ongoing
works/ CMC / CCMC which will continue along with settlement of Bills.

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SECTION-4 Part B

SPECIAL INSTRUCTIONS TO BIDDERS

The Special Instructions to Bidders shall supplement the 'Instructions to Bidders' and
in case of any conflict with those in Section-4 Part A i.e., GENERAL INSTRUCTIONS TO
BIDDERS (GIB), the provisions herein shall prevail.

1. EVALUATION

1.1 The evaluation process comprises the following three (3) steps:

Step I : Fulfilment of requirements of Eligibility criteria, EMD and tender fee.

Step II : Evaluation of Bidder‟s fulfillment of Qualification Requirements as per


Clause 4 Section 1 DNIT.

Step III : Selection of Successful Bidder.

1.2 Step I - Responsiveness check of Techno-Commercial Bids

1.2.1 The Techno-Commercial Bid submitted by Bidders shall be scrutinized to


establish responsiveness to the requirements laid down in Clause4 of DNIT.

1.2.2 Any of the following may cause the Bid to be considered “non-responsive”, at the
sole discretion of BSNL.
a. Bids that are incomplete i.e. not accompanied by any of the applicable formats inter
alia covering letter, power of attorney supported by a board resolution as per Clause
5, format for disclosure, valid EMD;
b. Bid not signed by authorized signatory and / or stamped in the manner indicated in
this Bid Document;
c. Material inconsistencies in the information/ documents submitted by the Bidder,
affecting the Qualification Requirements;
d. Information not submitted in formats specified in the Bid Document
e. Bid not providing information/ document to satisfy Qualification Requirements;
f. Bidder not meeting the criteria mentioned in Clause4 of Section 1 DNIT of this
Document.
g. A Bidder submitting more than one Bid for the same Cluster;
h. Bid validity being less than that required as per Clause 13Section 4A of this Bid
Document;
i. Bid being conditional in nature.
j. Bid not received (Electronic and offline) by due date and time as specified in Clause
6 of DNIT;
k. More than one Bidding Company using the credentials of the same Parent /Affiliate;
l. Bidder delaying in submission of additional information or clarifications sought by
BSNL.
m. Bidder makes any misrepresentation of facts.
n. Bid not accompanied by valid EMD.

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1.2.3 Each Bid shall be checked for compliance with the submission requirement set forth
in this Bid Document before evaluation of Bidder‟s fulfillment of Qualification
Requirement is taken up.

1.3 Step II - Evaluation of Bidder’s fulfillment of Qualification Requirements


as per Clause4 Section 1 DNIT

1.3.1 After ensuring EMD with respect to its amount and validity; evaluation of Bid will be
carried out based on the information furnished by the Bidder as per the prescribed
Formats in Section 7 and related documentary evidence in support of meeting the
Qualification Requirements as specified in Clause4 of Section 1 DNIT.

1.3.2 Price Bid of only those bidders will be opened whose Techno-Commercial qualification
requirement, prima facie meets the Qualifying Criteria. However, if at later stage it is
found that Techno- Commercial bid doesn‟t meet the qualification criteria, bid can be
rejected at sole discretion of BSNL.

1.4 Step III – Selection of Successful Bidders

1.4.1 Only the bids qualifying in Step II above, shall be financially evaluated for respective
cluster, in this stage, on basis of their quote as per financial schedule in Section 9
Part-B.

1.4.2 Successful Bidder shall unconditionally accept the AWO, issued by BSNL, within 14
days of issue of AWO.

1.4.3 If the Successful Bidder, to whom the AWO has been issued, does not accept the AWO
unconditionally, BSNL reserves the right to annul the award of the Letter of Intent to
such Successful Bidder and forfeit EMD ( in case of L-1 bidder).

1.4.4 It shall not be binding upon BSNL to accept the lowest bid as successful.

1.4.5 It shall not be obligatory on the part of BSNL to furnish any information or
explanation for cause of rejection of Bid or part of the Bid. Notwithstanding anything
stated above, BSNL reserves the right to assess the credibility, capability and capacity
of the bidders and viability of the Proposal to perform the contract should
circumstances warrant such an assessment in the overall interest of BSNL and Bidder
shall furnish all other required documents to BSNL.

1.4.6 BSNL reserves the right to interpret the Bid submitted by the Bidder in accordance
with the provisions of this Bid Document and make its own judgment regarding the
interpretation of the same. In this regard BSNL shall have no liability towards any
Bidder and no Bidder shall have any recourse to BSNL with respect to the selection
process.

1.4.7 BSNL shall evaluate the Bids using the evaluation process specified above, at its
sole discretion.

1.4.8 BSNL‟s decision in this regard shall be final and binding

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SECTION- 4 PART C
E-TENDERING INSTRUCTIONS TO BIDDERS
The bidders are required to submit soft copies of their bids electronically on the CPP
Portal, using valid Digital Signature Certificates. The instructions given below are
meant to assist the bidders in registering on the CPP Portal, prepare their bids in
accordance with the requirements and submitting their bids online on the CPP
Portal.

More information useful for submitting online bids on the CPP Portal may be
obtained at: https://etenders.gov.in/eprocure/app
1. REGISTRATION
1) Bidders are required to enroll on the e-Procurement module of the Central Public
Procurement Portal (URL: https://etenders.gov.in/eprocure/app) by clicking on
the link “Online bidder Enrollment” on the CPP Portal which is free of charge.

2) As part of the enrolment process, the bidders will be required to choose a unique
username and assign a password for their accounts.

3) Bidders are advised to register their valid email address and mobile numbers as
part of the registration process. These would be used for any communication from
the CPP Portal.

4) Upon enrolment, the bidders will be required to register their valid Digital
Signature Certificate (Class III Certificates with signing key usage) issued by any
Certifying Authority recognized by CCA India (e.g. Sify / n Code / eMudhra etc.),
with their profile.

5) Only one valid DSC should be registered by a bidder. Please note that the bidders
are responsible to ensure that they do not lend their DSC‟s to others which may
lead to misuse.

6) Bidder then logs in to the site through the secured log-in by entering their user ID
/ password and the password of the DSC / e-Token.

2. SEARCHING FOR TENDER DOCUMENTS

1) There are various search options built in the CPP Portal, to facilitate bidders to
search active tenders by several parameters. These parameters could include
Tender ID, Organization Name, Location, Date, Value, etc. There is also an
option of advanced search for tenders, wherein the bidders may combine a
number of search parameters such as Organization Name, Form of Contract,
Location, Date, Other keywords etc. to search for a tender published on the CPP
Portal.
2) Once the bidders have selected the tenders they are interested in, they may
download the required documents / tender schedules. These tenders can be
moved to the respective „My Tenders‟ folder. This would enable the CPP Portal to
intimate the bidders through SMS / e-mail in case there is any corrigendum
issued to the tender document.
3) The bidder should make a note of the unique Tender ID assigned to each tender,
in case they want to obtain any clarification / help from the Helpdesk.

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3. PREPARATION OF BIDS

1) Bidder should take into account any corrigendum published on the tender
document before submitting their bids.
2) Please go through the tender advertisement and the tender document carefully to
understand the documents required to be submitted as part of the bid. Please
note the number of covers in which the bid documents have to be submitted,
the number of documents - including the names and content of each of the
document that need to be submitted. Any deviations from these may lead to
rejection of the bid.
3) Bidder, in advance, should get ready the bid documents to be submitted as
indicated in the tender document / schedule and generally, they can be in PDF /
XLS / RAR / DWF/JPG formats. Bid documents may be scanned with 100 dpi
with black and white option which helps in reducing size of the scanned
document.
4) To avoid the time and effort required in uploading the same set of standard
documents which are required to be submitted as a part of every bid, a provision
of uploading such standard documents (e.g. PAN card copy, annual reports,
auditor certificates etc.) has been provided to the bidders. Bidders can use “My
Space” or „‟Other Important Documents‟‟ area available to them to upload such
documents. These documents may be directly submitted from the “My Space”
area while submitting a bid, and need not be uploaded again and again. This will
lead to a reduction in the time required for bid submission process.

Note: My Documents space is only a repository given to the Bidders to ease the
uploading process. If Bidder has uploaded his Documents in My Documents space,
this does not automatically ensure these Documents being part of Technical Bid.

4. SUBMISSION OF BIDS

1) Bidder should log into the site well in advance for bid submission so that they
can upload the bid in time i.e. on or before the bid submission time. Bidder will
be responsible for any delay due to other issues.
2) The bidder has to digitally sign and upload the required bid documents one by
one as indicated in the tender document.
3) Bidder has to select the payment option as “offline” to pay the tender fee / EMD
as applicable and enter details of the instrument.
4) Bidder should prepare the EMD as per the instructions specified in the tender
document. The original should be posted/couriered/given in person to the
concerned official, latest by the last date of bid submission or as specified in the
tender documents. The details of the DD/any other accepted instrument,
physically sent, should tally with the details available in the scanned copy and
the data entered during bid submission time. Otherwise, the uploaded bid will be
rejected.
5) Bidders are requested to note that they should necessarily submit their financial
bids in the format provided and no other format is acceptable. If the price bid has
been given as a standard BoQ format with the tender document, then the same is
to be downloaded and to be filled by all the bidders. Bidders are required to
download the BoQ file, open it and complete the white coloured (unprotected)
cells with their respective financial quotes and other details (such as name of the
bidder). No other cells should be changed. Once the details have been completed,
the bidder should save it and submit it online, without changing the filename. If
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the BoQ file is found to be modified by the bidder, the bid will be rejected.
6) The server time (which is displayed on the bidders‟ dashboard) will be considered
as the standard time for referencing the deadlines for submission of the bids by
the bidders, opening of bids etc. The bidders should follow this time during bid
submission.
7) All the documents being submitted by the bidders would be encrypted using PKI
encryption techniques to ensure the secrecy of the data. The data entered
cannot be viewed by unauthorized persons until the time of bid opening. The
confidentiality of the bids is maintained using the secured Socket Layer 128 bit
encryption technology. Data storage encryption of sensitive fields is done. Any
bid document that is uploaded to the server is subjected to symmetric
encryption using a system generated symmetric key. Further this key is
subjected to asymmetric encryption using buyers/bid opener‟s public keys.
Overall, the uploaded tender documents become readable only after the tender
opening by the authorized bid openers.
8) The uploaded tender documents become readable only after the tender opening
by the authorized bid openers.

9) Upon the successful and timely submission of bids (i.e. after Clicking “Freeze Bid
Submission” in the portal), the portal will give a successful bid submission
message & a bid summary will be displayed with the bid no. and the date & time
of submission of the bid with all other relevant details.
10) The bid summary has to be printed and kept as an acknowledgement of the
submission of the bid. This acknowledgement may be used as an entry pass for
any bid opening meetings.
5. ASSISTANCE TO BIDDERS

1) Any queries relating to the tender document and the terms and conditions
contained therein should be addressed to the Tender Inviting Authority for a
tender or the relevant contact person indicated in the tender.
2) Any queries relating to the process of online bid submission or queries relating
to CPP Portal in general may be directed to the 24x7 CPP Portal Helpdesk.
0120-4200 462/4001 002/4001 005,
International Bidders are requested to prefix +91 as country code
Email Support:
For any issues or Clarifications relating to the published tenders, bidders are
requested to contact the respective Tender Inviting Authority.
Technical – [email protected] Policy Related – [email protected]
For any technical related queries please call at NIC Help Desk Number (between
Monday to Friday, 9 AM to 5 PM). [email protected] +911124305265

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SECTION-4 Part D
SPECIAL AND ADDITIONAL CONDITIONS

The Bidders shall read carefully the following conditions and shall quote accordingly.
1 EARNEST MONEY DEPOSIT:
1.1 Validity period: The validity period of Earnest Money deposit should be kept 30
days beyond the Tender validity i.e. 90+30=120 days, as the tender validity period
is 120 days.
1.2 Extension of Validity period: In case, where the letter of award of work cannot
be placed within the validity period of tender, the BSNL can request all Bidders to
extend the validity of their respective tenders and the earnest money deposit by a
reasonable period. In such cases, extension of validity of earnest money deposit by
30 days beyond the extended validity date of tender should also be asked for. While
BSNL can make the request for extension, the Bidder is free to either extend the
validity or refuse the request to extend the validity.
1.3 Release of Earnest Money Deposit: Earnest money deposit of all unsuccessful
Bidders shall be released within one week of issue of tender acceptance letter to
the successful Bidder. Where the BSNL requests the Bidder to extend the validity
of the tender beyond the stipulated period given in the tender documents, and the
Bidder refuses to extend the validity of his tender, the earnest money deposit of
such Bidders shall be returned forthwith.
1.4 In case the work is not started by the Bidders with in specified time frame, the full
Performance guarantee will be forfeited absolutely.

2 PERFORMANCE GUARANTEE:

2.1 The Bidders is required to furnish performance guarantee for an amount equal to
5% of the contract value in the form of Bank Guarantee (of a Nationalized/
Scheduled Bank in a standard format) /CDR/FDR/DD within 15 days from the
date of issue of acceptance letter. The EMD of successful Bidder shall be released
after receipt of performance guarantee.
2.2 The validity period of the performance security in the form of performance bank
guarantee shall be Three months from the stipulated date of completion of the
work and in the event, the time of completion of the work gets enlarged/ extended,
the Bidders shall get the validity of the performance guarantee extended to cover
such enlarged time.
2.3 Bidders has option to deposit performance guarantee in the form of bank
guarantee in the prescribed format as per performa 7(B) given under section-7
2.4 The Performance guarantee and security deposit Shall be released after 03(Three)
months of the actual completion of work or along with final bill, whichever is later,
only after successful handing over of the installation in healthy condition to the
BSNL/new Bidders in smooth manner without any interruption of entire Electro-
Mechanical services.

3 SECURITY DEPOSIT:

In addition to performance guarantee stated above, a sum @ 10% of the gross


amount of the bill shall be deducted from each running bill of the Bidders till the
sum along with the sum already deposited as earnest money & Performance
Guarantee will amount to security deposit of 10% of the tendered value of the work.

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4. OPERATION OF CONTRACT: As per section 2 clasue 6

5. STORES AND SAFETY


5.1 All the stores and materials required for the satisfactory completion of the work
shall be arranged at site by the Bidders from his own sources. Lockable space for
storing the material may be provided on request. However, safe custody of the
material stored at site will be responsibility of the Bidders till the completion/
handing over of the work.

5.2 Before dispatch to site, the equipment/ component/ materials shall be properly
packed so as to afford protection against transit damages and damages against
storage in open areas either at transporter‟s premises or at work site. However,
damaged items shall be replaced by the Bidders as per the direction of Engineer-
in-Charge.

6 COORDINATION AT SITE
At the site of work more than one Bidders may be working. Full co-
operation shall be extended to other agencies during progress of work. The
work will be carried out in such a way so that it may not cause abnormal
noise and hindrance to the officers of the BSNL engaged in erection as well
as to normal routine work.

7 GUARANTEE MAINTENANCE & DEFECTS LIABILITY AT THE


COMPLETION OF CONTRACT:
7.1 On completion of the contract, the Bidders shall certify and get verified from the
Engineer in charge that all equipment/Installations are free from any defect due to
defective material and bad workmanship/services and also the equipment/
Installations shall work satisfactorily with performance and efficiencies not less
than the rated values corresponding to the life of equipment/ Installations.

7.2 Any equipment/ Installation found defective on verification shall be replaced/


rectified free of cost by the Bidders . The services of the Bidders ‟s personnel, if
required during this period shall be made available free of cost to the BSNL.
7.3 The Bidders shall depute his representative to the site within 36 hours of
notification of defects by the BSNL.

7.4 A joint inspection report shall be prepared by the representative of BSNL and the
Bidders regarding the nature of defects and remedial action required. Time
schedule for such action shall also be finalized.
7.5 In case, the Bidders fails to depute his representative within 36 hours of
notification of defects or fails to cause remedial measure within reasonable time as
decided during joint inspection, the BSNL may proceed to do so at the Bidders ‟ s
risk and expenses and without prejudice to any other right of the BSNL to recover
such expenses.

8 BYE-LAWS, INDEMNITY AGAINST LIABILITIES

The Bidders shall comply with all bye-laws and regulations of local and statutory
authorities having jurisdiction over the works and shall be responsible for payment
of all fees and other charges and giving/ receiving all necessary notices and keep
the Engineer-in-charge informed about the notices issued and received.

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The Bidders shall indemnify the BSNL against all claim in respect of patent rights,
design, trade mark or name of other protected rights in respect of any plant,
machine, work or materials used for or in connection with the work or temporary
works and from and against all claims, demands, proceedings, costs, charges and
expenses whatsoever in respect of or in relation thereon. The Bidders shall defend
all actions arising from such claims and shall him-self pay all royalties.

License fees, damages, cost and charges of all and every sort that may be legally
incurred in respect thereof shall be borne by the Bidders .

All liabilities/ penal recoveries on matters arising out of tax / excise/ levies such
as incorrect deductions, discrepancies in the filing of returns, revised assessment
by the concerned authorities etc. shall be borne by the Bidders .

It is Bidders ‟s liability to follow all safety procedures in accordance with relevant


I.S. amended up to date during execution of work at site.

9 TERMINATION OF CONTRACT ON DEATH OF BIDDERS : -

9.1 Without prejudice of any of the rights or remedies under this contract, if the
contactor dies, the engineer in charge on behalf of the BSNL shall have the option
of terminating the contract without compensation to the Bidders .

9.2 Indulging of contactor in criminal/ anti-social activities and cases under


investigation/ charge sheeted by CBI or any other Government agencies etc.;

9.3 If the CBI/ Independent External Monitor (IEM) / Income Tax/ Sales Tax /
Central Excise/ Custom Department recommended such a course: Action will be
taken as per direction of CBI or concerned department.

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SECTION - 5 Part A

GENERAL (COMMERCIAL) CONDITIONS OF CONTRACT


1. APPLICATION
The general condition shall apply in contracts made by the purchaser for the
procurement of goods/services.

2. STANDARDS
The good/materials supplied under this contract shall conform to the standards
prescribed in the Section- 4 Part-D

3. PATENT RIGHTS
The supplier shall indemnify the purchaser against all third-party claims of
infringement of patent, trademark or industrial design rights arising from use of
the goods or any part thereof in Indian Telecom Network.

4. PERFORMANCE SECURITY

4.1 All suppliers (including MSE bidders) shall furnish performance security to the purchaser
for an amount equal to 5 % of the value of Advance Purchase Order within 14 days from the
date of issue of Advance Purchase Order by the Purchaser.

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

4.3 The performance security Bond shall be in the form of Bank Guarantee issued by a
scheduled Bank and in the proforma provided in 'Section-7B of this Bid Document.

4.4 The performance security Bond will be discharged by the Purchaser after completion of
the supplier's performance obligations including any warranty obligations under the
contract.

4.5 The performance security deposit with BSNL will be considered for adjustment against
any other statutory levies and any loss to BSNL properties, if any reported, at the time of
final conclusion of the contract and final settlement of account.

4.6 In case, it is found that a bidder has submitted a fake/forged bank instrument towards
performance security deposit (Say PBG) then actions as per clause 1(a) of Appendix-1 to
Section 4 Part-4 shall be applicable.

5 PAYMENT TERMS-- Same as Clause 4.0 of Section-2.

The Supplier shall notify the Purchaser in writing of all subcontracts awarded under
this contract if not already specified in its bid. Such notification, in its original bid or
later shall not relieve the supplier from any liability or obligation under the Contract.

6 DELAYS IN THE SUPPLIER'S PERFORMANCE-Refer Section-2.

7 PENALTY – SECTION-4 PART E.

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8 FORCE MAJEURE

17.1 If, at any time, during the continuance of this contract, the performance in whole or in
part by either party of any obligation under this contract is prevented or delayed by
reasons of any war or hostility, acts of the public enemy, civil commotion, sabotage, fires,
floods, explosions, epidemics, quarantine restrictions, strikes, lockouts or act of God
(hereinafter referred to as events) provided notice of happenings of any such eventuality is
given by either party to the other within 21 days from the date of occurrence thereof,
neither party shall by reason of such event be entitled to terminate this contract nor shall
either party have any claim for damages against other in respect of such non-performance
or delay in performance, and deliveries under the contract shall be resumed as soon as
practicable after such an event come to an end or cease to exist, and the decision of the
Purchaser as to whether the deliveries have been so resumed or not shall be final and
conclusive. Further that if the performance in whole or part of any obligation under this
contract is prevented or delayed by reasons of any such event for a period exceeding 60
days, either party may, at its option, terminate the contract.

17.2 Provided, also that if the contract is terminated under this clause, the Purchaser shall be
at liberty to take over from the Supplier at a price to be fixed by the purchaser, which
shall be final, all unused, undamaged and acceptable materials, bought out components
and stores in course of manufacture which may be in possession of the Supplier at the
time of such termination or such portion thereof as the purchaser may deem fit, except
such materials, bought out components and stores as the Supplier may with the
concurrence of the purchaser elect to retain.

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


DEFAULT.

In case of default in carrying out operation & maintenance or any other obligations as
per the terms and conditions of this tender, an action shall be initiated against the
contractors as per Section-4, Part-E.

19 ARBITRATION

20.1 Except as otherwise provided elsewhere in the contract, if any dispute, difference,
question or disagreement arises between the parties hereto or their respective
representatives or assignees, in connection with construction, meaning, operation, effect,
interpretation of the contract or breach thereof which parties unable to settle mutually, the
same shall be referred to Arbitration as provided hereunder:

20.2 A party wishing to commence arbitration proceeding shall invoke Arbitration Clause by
giving 60 days‟ notice to the designated officer of the other party. The notice invoking
arbitration shall specify all the points of disputes with details of the amount claimed to be
referred to arbitration at the time of invocation of arbitration and not thereafter. If the
claim is in foreign currency, the claimant shall indicate its value in Indian Rupee for the
purpose of constitution of the arbitral tribunal.

20.3 The number of arbitrators and the appointing authority will be as under:
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Claim amount
(excluding claim for Number of arbitrators Appointing Authority
counter claim, if any)
Above Rs 5 Lakhs to Rs Sole Arbitrator to be BSNL
5 Crores appointed from a panel (Note: BSNL will forward a list
of arbitrators of BSNL containing names of three
empaneled arbitrators to the other
party for selecting
one from the list who will be
appointed as sole arbitrator by
BSNL)
Above Rs 5 Crores 3 Arbitrators One arbitrator by each party and the
3rd arbitrator, who shall be the
presiding arbitrator, by the two
arbitrators. BSNL will appoint its
arbitrator from its panel.

20.4 Neither party shall appoint its serving employee as arbitrator.

20.5 If any of the Arbitrators so appointed dies, resigns, becomes incapacitated or


withdraws for any reason from the proceedings, it shall be lawful for the concerned
party/arbitrators to appoint another person in his place in the same manner as aforesaid.
Such person shall proceed with the reference from the stage where his predecessor had left
if both parties consent for the same; otherwise, he shall proceed de novo.

20.6 Parties agree that neither party shall be entitled for any pre-reference or pendent elite
interest on its claims. Parties agree that any claim for such interest made by any party
shall be void.
20.7 Unless otherwise decided by the parties, Fast Track procedure as prescribed in
Section 29 B of the Arbitration Conciliation Act, 1996 for resolution of all disputes shall
be followed, where the claim amount is up to Rs 5 Crores.

20.8 Fast Track Procedure

20.8.1 Notwithstanding anything contained in this Act, the parties to an arbitration


agreement, may, at any stage either before or at the time of appointment of the arbitral
tribunal, agree in writing to have their dispute resolved by fast track procedure
specified in sub-section (3).

20.8.2 The parties to the arbitration agreement, while agreeing for resolution of dispute by
fast-track procedure, may agree that the arbitral tribunal shall consist of a sole arbiter
who shall be chosen by the parties.

20.8.3 The arbitral tribunal shall follow the following procedure while conducting arbitration
proceedings under sub-section (1):-

a. The arbitral tribunal shall decide the dispute on the basis of written pleadings,
documents and submission filed by the parties without oral hearing;
b. The arbitral tribunal shall have power to call for any further information or clarification
from the parties in addition to the pleadings and documents filed by them;
c. An oral hearing may be held only, if, all the parties make a request or if the arbitral
tribunal considers it necessary to have oral hearing for clarifying certain issues;
d. The arbitral tribunal may dispense with any technical formalities, if an oral hearing is
held, and adopt such procedure as deemed appropriate for expeditious disposal of the
case.

20.8.4 The award under this section shall be made within a period of six months from the

Contractor EE (E)
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date the tribunal enters upon the reference.

20.8.5 If the award is not made within the period specified in sub-section (4), the provisions
of sub-sections
(3) to (9) of Section 29 A shall apply to the proceedings.

20.8.6 The fees payable to the arbitrator and the manner of payment of the fees shall be such
as may be agreed between the arbitrator and the parties.

20.8.7 The arbitral tribunal shall make and publish the award within time stipulated as
under:

Period for making and publishing of the


Amount of Claims and
award (counted from the date the arbitral
Counter Claims
tribunal enters upon the reference)
UptoRs 5 Crores Within 6 months (Fast Track procedure)
Above Rs 5 Crores Within 12 months

However, the above time limit can be extended by the arbitrator for reasons to
be recorded in writing with the consent of parties and in terms of provisions of
the act.

20.8.8 In case of arbitral tribunal of 3 arbitrators, each party shall be responsible to make
arrangements for the travel and stay etc. of the arbitrator appointed by it. Claimant
shall also be responsible for making arrangements for travel/stay arrangements for the
presiding Arbitrator and the expenses incurred shall be shared equally by the parties.

20.8.9 The Arbitration proceeding shall be held at New Delhi or Circle or SSA Headquarter
(as the case may be).

20.8.10
Subject to the aforesaid conditions, provisions of the Arbitration and Conciliation Act,
1996 and any statutory modifications or re-enactment thereof shall apply to the
arbitration proceedings under this clause.

21. SET OFF

21.1 Any sum of money due and payable to the supplier (including security deposit
refundable to him) under this contract may be appropriated by the purchaser or the
BSNL or any other person(s) contracting through the BSNL and set off the same against
any claim of the Purchaser or BSNL or such other person or person(s) for payment of a
sum of money arising out of this contract or under any other contract made by the
supplier with the Purchaser or BSNL or such other person(s) contracting through the
BSNL.
21.2 In case of set off of the security deposit against any claim of the purchaser or BSNL or
such other person or person(s) for payment of a sum of money arising out of this contract
or under any other contract made by the supplier with the Purchaser or BSNL or such
other person(s) contracting through the BSNL, the GST on such set off will be borne by
the supplier.

Contractor EE (E)
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22. COURT JURISDICTION

25.1 Any dispute arising out of the tender/ bid document/ evaluation of bids/ issue of
APO shall be subject to the jurisdiction of the competent court at the place from where
the NIT/ tender has been issue
25.2 Where a contractor has not agreed to arbitration, the dispute/ claims arising out of
the Contract/ PO entered with him shall be subject to the jurisdiction of the competent
Court at the place from where Contract/ PO has been issued. Accordingly, a stipulation
shall be made in the contract as under.
“This Contract/ PO is subject to jurisdiction of Court at Dehradun only”.

23. General Guidelines:

The General guidelines as contained in Chapter 5, 6 and 8 of General Financial


Rules as amended from time to time on works, procurement of goods and
services and contract management respectively may also be referred to as
guiding principles.

Contractor EE (E)
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SECTION –5 Part B
SPECIAL (COMMERCIAL) CONDITIONS OF CONTRACT (SCC)

The Special (Commercial) Conditions of Contract (SCC)shall supplement General


(Commercial) Conditions of Contract (GCC)) as contained in Section 5 Part A and wherever
there is a conflict, the provisions herein shall prevail over those in Section 5 Part A i.e.
General (Commercial) Conditions of Contract (GCC).
1. The successful tenderer / contractor shall submit an Indemnity bond declaration,
as per Annexure- 1, for indemnifying BSNL against any non-compliance by bidder to
any of the applicable statutory requirements, if the work is awarded to them.
2. Safety of Labour and BSNL property:
The successful tenderer / contractor shall be solely responsible for payment and
compensation under WC Act 1923 as in force from time to time applicable in the event
of accident causing injury/death to his workers and PGM/GM/ SSA shall not be
responsible in any manner.
2.1 The contractor shall obtain / purchase all required insurances and make all safety
arrangements required for the labourer engaged by him at his own cost. All
consequences due to negligence or due to lapse of security/safety or otherwise shall
remain with the contractor. BSNL shall not be responsible for any mishap, injury,
accident or death of the contractor‟s staff directly or indirectly. All liabilities arising out
of accident or death while on duty shall be borne by the contractor. No claims in this
regard shall be entertained / accepted by the BSNL.
2.2 The contractor shall take all precautions to avoid all accidents by exhibiting necessary
caution boards/ flags and providing barriers etc. He shall be responsible for all
damages and accidents caused due to negligence on his part. No hindrance shall be
caused to traffic during the execution of work. Nothing extra shall be paid on this
account.
2.3 Contractor shall be fully responsible for any damages caused to BSNL / Government/
private /other operators property / Injuries public at large/ loss of life by him or his
Labourer in carrying out the work and the same shall be rectified / compensated by the
contractor at his own cost.
2.4 It will be sole responsibility of the contractor that the men deployed for the purpose of
maintenance of the external plant with BSNL are to be trained to avoid any mishap,
directly or indirectly.
2.5 On account of security considerations or on account of convenience of office staff, there
could be some restrictions on the working hours or movement of vehicles for
transportation of materials. The contractor shall be bound of follow all such restrictions
and just the program for execution accordingly.
2.6 The contractor should carry out the work to the satisfaction of BSNL officer in charge
and in the event of his failure the tendering authority reserves the right to offer the
contract to any other tenderer or any other agency in case of unsatisfactory work at the
cost of the contractor and payment will be settled on prorate Basis.
2.7 The contractor should engage workers with proven integrity to carry out the contract
[
work. He/His worker should vacate premises after the completion of contract work.

2.8 The contractor shall be solely responsible for payment and compensation under WC
act 1923 as in force from time to time applicable in the event of accident-causing
injury/death to his workers and Executive Engineer (Elect)/Engineer-in-Charge shall
not involve in any manner.
2.9 No documents, towards compliance of aforesaid requirements, will be required to be
submitted by bidder to BSNL paying authority for settlement of their payment invoices
but the contractor must comply all requirements as per applicable Law/ Acts etc.
2.10 The decision of Engineer-in-Charge on any matter connected to this tender is final
&binding on bidder.

Contractor EE (E)
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SECTION-6

UNDERTAKING & DECLARATION

6(A) - For understanding the terms & condition of Tender & Spec. of work

a) Certified that:

1. I/ We ……………………………………. have read, understood and agree with all


the terms and conditions, specifications included in the tender documents &
offer to execute the work at the rates quoted by us in the tender form.

2. If I/ We fail to enter into the agreement & commence the work in time, the
EMD/ SD deposited by us will stand forfeited to the BSNL.

3. I/we declare that that there is 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.

b) The tenderer hereby covenants and declares that:

1. All the information, Documents, Photo copies of the Documents/ Certificates


enclosed along with the Tender offer are correct.

2. In case of any correction/addition/alteration/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
LOA/ Purchase/ work order if issued and forfeit the EMD/ SD/ Bill amount
pending with BSNL. In addition, BSNL may debar the contractor from
participation in its future tenders.

Date: ………………………………………………Signature of Tenderer

Place: …………… Name of Tenderer ……………Along with date & Sea

Contractor EE (E)
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6 (B) – NEAR-RELATIONSHIP CERTIFICATE:


(Format of the Certificate to be given as per the clause 34.4 of Section-4 Part-A by
the bidder in respect of status of employment of his/ her near relation in BSNL)

I…………..s/o…….……r/o ........................ hereby certify that none of my relative(s)


as defined in the tender document is/are employed in BSNL unit where tender is
being submitted or inviting this tender as per details given in tender document. In
case at any stage, it is found that the information given by me is false/ incorrect,
BSNL shall have the absolute right to take any action as deemed fit/without any
prior intimation to me.

Signature of the tenderer


with date and seal
OR

"I…………..s/o…….……r/o… .......... hereby certify that following of my relative(s)


as defined in the tender document is/are employed in BSNL unit inviting this
tender, as per details given in tender document. In case at any stage, it is found
that the information given by me is false/ incorrect, BSNL shall have the absolute
right to take any action as deemed fit/without any prior intimation to me."

Sl. Name of the Employed in Mobile


Designation Address
No near office of Number
relative

Signature of the tenderer


with date and seal

Contractor EE (E)
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6 (C)- Declaration w.r.t. Rule 144 (xi) to GFR 2017

Certificate to be submitted by Bidders ( On Company’s Letter


Head)

Reference 1: BSNL Tender Enquiry No……………………issued on ..……………………..


Reference 2: Department of Expenditure Office Memorandums (OMs) No.
6/18/2019-PPD dated 23rd July 2020 and its Clarification dated 24/07/2020.

I, in capacity of authorized signatory of M/s…………………(----Name of the company-


-) having Regd. Office at……………………………being a participant bidder in BSNL T.E
cited at reference 1 above, do hereby declare that I have read and understood all the
clauses regarding Restrictions under Rule 144(xi) of the General Financial Rules
(GFRs) 2017 on grounds of Defense of India and National Security issued vide OM
cited at reference 2 above, on procurement from bidders from a country or countries
which shares a land border with India. It is declared that we fulfill all the requirements
in this regard and are eligible to be considered for the Tender Enquiry under reference
1 above.

Further, we undertake that we will also abide by all the requirements of cited OMs
during the entire contract period.

(Name of the authorized signatory)


Signature Designation in Company Seal / Stamp of Company
Counter signed by Company Secretary of the Company with seal / stamp

Contractor EE (E)
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SECTION -7

PERFORMAS

7(A) For the BID SECURITY/EMD Guarantee

(To be typed on Rs.100/- non-judicial stamp paper)


Sub: Bid Security/EMD guarantee.
Whereas M/s…………………………………. R/o ............................(Hereafter referred to as
Bidder) has approached us for giving Bank Guarantee of Rs. /- (hereafter known as the
“B. G. Amount”) valid up to ...........................(Hereafter known as the “Validity date”) in
favour of AO(Cash) BSNL …………………………. (Hereafter referred to as BSNL ……………)
for participation in the tender of work of vide tender no…………………….. ……………

Now at the request of the Bidder, we ………………Bank……………………………………….Branch


having………………………………………………(Address) and Regd. Office address
as……………..(Hereinafter called „the Bank”) agrees to give this guarantee as hereinafter
contained:

1. 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 ....................................... stating that the amount
claimed is due by way of loss or damage caused to or would be caused to or suffered by
the………………………………. 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 ........................ 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 “BG Amount”.

2. We undertake to pay to the ……………………. 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.

3. 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 ................................. under or by virtue of the said
Agreement have been fully paid and its claims satisfied or discharged or till ................ 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.

4. We the Bank further agree with the ……………………………………………..…….that the 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 ...................... 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 ……………………… or any indulgence
by the ……………….. 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.

Contractor EE (E)
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5. Notwithstanding anything herein contained;


(a) The liability of the Bank under this guarantee is restricted to the “BG 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………………………..under this Guarantee shall be extinguished if no claim or demand is
made on us in writing on or before its validity date.

6. In case demands for any money under this bank guarantee, the same shall be paid through
banker‟s Cheque in favour of “AO (Cash)……………..,”
payable at New Delhi.
7. E-payment may be preferred. Accordingly, in case of E-payment to be made for BG en cashed, Bank
shall transfer the amount to Bank account as intimated by BSNL to Bank at that time through
Bank Mandate.

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 ……………………………

Dated:…………..

Contractor EE (E)
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7(B) For the Performance Guarantee

(To be typed on Rs.100/- non-judicial stamp paper)

Sub: Performance guarantee.


Whereas DGM (MM) BSNL CO, Delhi R/o… ............................................... (hereafter
referred to as BSNL) has issued an APO No.………….………. Dated ……/……/20….
awarding the work of .................................................................................... to
M/s……………………………..R/o……………………………(hereafter referred to as
“Bidder”) and BSNL has asked him to submit a performance guarantee in favour of
DGM(MMT) BSNL CO, Delhi of Rs. /- (hereafter referred to as “P.G. Amount”) valid
up to……/……/20 (hereafter referred to as “Validity Date”).
Now at the request of the Bidder, we Bank ............................. Branch
having… ............................................................................................ (Address) and Regd.
Office address as.......................................................... (Hereinafter called „the Bank”)
agreed to give this guarantee as hereinafter contained:

2. We, “the Bank” do hereby undertake and assure to the BSNL that if in the opinion
of the BSNL, the Bidder has in any way failed to observe or perform the terms and
conditions of the said agreement or has committed any breach of its obligations
there-under, the Bank shall on demand and without any objection or demur pay to
the BSNL the said sum limited to P.G. Amount or such lesser amount as BSNL may
demand without requiring BSNL to have recourse to any legal remedy that may be
available to it to compel the Bank to pay the same.

3. Any such demand from the BSNL shall be conclusive as regards the liability of
Bidder to pay to BSNL or as regards the amount payable by the Bank under this
guarantee. The Bank shall not be entitled to withhold payment on the ground that
the Bidder had disputed its liability to pay or has disputed the quantum of the
amount or that any arbitration proceeding or legal proceeding is pending between
Bidder and BSNL regarding the claim.

4. We, the Bank further agree that the guarantee shall come into force from the date
of its issue and shall remain in full force and effect up to its Validity date.
5. The Bank further agrees that the BSNL shall have the fullest liberty without the
consent of the Bank and without affecting in any way the obligations hereunder to
vary any of the terms and conditions of the said agreement or to extend the time for
performance of the said agreement from any of the powers exercisable by BSNL
against the Bidder and to forebear to enforce any of the terms and conditions
relating to the said agreement and the Bank shall not be relieved from its liability by
reason of such failure or extension being granted to Bidder or through any
forbearance, act or omission on the part of BSNL or any indulgence by BSNL to
Bidder or any other matter or thing whatsoever which under the law relating to
sureties would but for this provision have the effect of relieving or discharging the
guarantor.

Contractor EE (E)
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6. Notwithstanding anything herein contained;


(a) The liability of the Bank under this guarantee is restricted to the P.G.
Amount and it will remain in force up to its Validity date.
(b) The guarantee shall stand completely discharged and all rights of the BSNL
under this Guarantee shall be extinguished if no claim or demand is made
on us in writing on or before its validity date.
7. In case BSNL demands for any money under this bank guarantee, the same shall
be paid through banker‟s Cheque in favour of “AO (Cash) BSNL CO” payable at New
Delhi.

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 …………………………………..

Contractor EE (E)
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7 (C) For Letter of Authorization for attending Bid Opening Event


(To be typed preferably on letter head of the company)
Subject: Authorization for attending Bid opening

I/ We Mr. /Ms. …………………………………….. have submitted our bid for the tender
No.………………………….………in respect of ………………………………….……………………
………………………………………….. (Item of work) which is due to open on….......... (date)
in the Meeting Room,
O/o………………………………………………………………………………….

We hereby authorize Mr./Ms .............................................................................. & Mr. /


Ms ............................ (alternative) whose signatures are attested below, to attend the bid
opening for the tender mentioned above on our behalf.

………………………….
Signature of the
Representative
………………………………… Signature of Bidder/ Officer authorized to sign
Name of the Representative on behalf of the Bidder
…………………………………….
Signature of the alternative
Representative
………………………………………….. Name of the alternative

Representative above Signatures Attested

Note:
1. Only one representative will be permitted to attend the Bid opening.
2. Permission for entry to the hall where bids are opened may be refused in case
authorization as prescribed above is not received.

Contractor EE (E)
Page 62 of 68

SECTION- 8
Bidder’s profile & Questionnaire.
Tenderer / Bidder‟s Profile &
Questionnaire (To be filled in and
A) Tenderer’s submitted by the bidder)
Profile
1. Name of the Individual/ Firm:……………………………………………

2. Present Correspondence Address……………………………………..…………..………………


…………..…………………………..………………………………………………………
…… Telephone No.……………………………..Mobile No………………………
…………
3. Address of place of Works/Manufacture
……….…………….………………………………………………. …………………
………………….………………………………………………………………………
Telephone No. ..……………………….. Mobile No. ……………………………
4. State the Type of Firm: Sole proprietor-ship/partnership firm / (Tick
the correct choice): Private limited company.

Is bidder under MSE Category: Yes/No


If MSE, kindly specify the sub category- SC/ST/Women
5. Name of the sole proprietor/ partners/ Director(s) of Pvt. Ltd Co.:

S. No. Name Father‟s Name Designation

1.

2.

3.

4.

5.

6. Name of the person authorized to enter into and execute contract/ agreement and
the capacity in which he is authorized (in case of partnership/ private Ltd company):

………………………………………………………………………………………………
…………………………………..………………………………………………………….
7. Permanent Account No. :………………………………………………………
8. Details of the Bidder‟s Bank for effecting e-payments:

(a) Beneficiary Bank Name:………………………………

Contractor EE (E)
Page 63 of 68

(b) Beneficiary branch Name:…………………………….


(c) IFSC code of beneficiary Branch……………………..
(d) Beneficiary account No.:……………………………….
(e) Branch Serial No. (MICR No.):………………………...

9. Whether the firm has Office/ works (i.e. manufacture of the tendered item) in
Delhi? If so state its Address

………………………………………………………………………………………………
…………………………………………………………………………
10. GSTN Number to be inserted.

B) Questionnaire
1. Do you think any other detail/ material is required to complete the work
specified in the specification? Yes/ No.
If Yes, Give details
………………………………………………………………………………………
………………………………………………………………………………………
2. Do you think any other item of work need be included in tender form to
complete the work specified in the specification? Yes/ No.

If Yes, Give details


………………………………………………………………………………………
………………………………………………………………………………………

3. Suggestion for improvement of the tender document.

……………………………………………………………………………………….
……………………………………………………………………………………….
………………………………………………………………………………….
Place………………….
Signature of contractor ………………………
Date …………………. Name of Contractor ……………………………

Contractor EE (E)
Page 64 of 68

SECTION-9 Part-A
BID FORM
To From,

…………………………………… ……………………………………….
Complete address of the purchaser> <complete address of the Bidder>
…………………………………… ……………………………………….
…………………………………… …………………………………………

Bidder‟s Reference No:……………....………………… …Dated…………………….


Ref: Your Tender Enquiry No. …………………………………dated …………………
1. Having examined the above-mentioned tender enquiry document including
amendment/ clarification/ addenda Nos. ...................... dated .... the receipt of which
is hereby duly acknowledged, we, the undersigned, offer to supply
and deliver
.............................................. in conformity with the said drawings, conditions
of contract and specifications for the sum shown in the schedule of prices
attached herewith and made part of the financial Bid.
2. Bid submitted by us is properly sealed and prepared so as to prevent any subsequent
alteration and replacement.
3. We agree to abide by this Bid for a period of 90 days from the date fixed for Bid
opening or for subsequently extended period, if any, agreed to by us. This bid shall
remain binding upon us up to the aforesaid period.
4. We understand that you are not bound to accept the lowest or any bid, you may receive.
5. If our Bid is accepted, we will provide you with a performance guarantee from a
Scheduled Bank (except co-operative banks) for a sum @ 5% of the contract value for
the due performance of the contract.
6. If our Bid is accepted, we undertake to complete delivery of all the items and perform all
the services specified in the contract in accordance with the delivery schedule specified in
the Section- 2 (Tender Information).
7. Until a formal Purchase Order of Contract is prepared and executed, this Bid together
with your written acceptance thereof in your notification of award shall constitute a
binding contract between us.

Dated: ....... day of ............. 2023


Signature ………………………….
Witness Name ……………………………..
Signature…………………………. In the capacity of ………………………….
Name …………………………….. Duly authorized to sign the bid for

and on Address…..................................behalf of .......................................

CONTRACTOR EE (E)
Page 65 of 68

SECTION-10 PART-A ANNEXURE - 1

DEED OF INDEMNITY

This DEED OF INDEMNITY is executed on this the


……………………………, by

1. <<Name of the Bidder>>, a company/ firm registered under the…………….


……………………………….. (Applicable acts, as the case may be) (hereinafter
referred to as the Bidder) and having its registered office at <<Address of the
Bidder>> acting through << Authorized Signatory>> is hereinafter, for the
purposes of this Deed of Indemnity.

TO AND IN FAVOUR OF

Bharat Sanchar Nigam Limited, through the ……………………… BSNL


…………………….
Office (hereinafter referred to as the Purchaser which expression shall unless
repugnant to the context or meaning thereof mean and be deemed to include its
authorized representatives and permitted assigns) on the Other Part.

WHEREAS

(a) The Purchaser had invited bids vide their Tender Enquiry
No.……………………….(hereinafter referred to as „Tender‟) for the purpose
of…………………………………………………………………………………………

(b) The Bidder had submitted its bid/ proposal dated (hereinafter referred to as the
„Bid‟) for the provision of such services in accordance with its proposal as set out in
its Bid and in accordance with the terms and conditions of the Tender.
(c) The Bidder has in order to comply with the terms of the Tender agreed to execute
the Deed of Indemnity on such terms and conditions more fully mentioned below.

NOW THIS DEED OF INDEMNITY WITNESSETH AS FOLLOWS:

1. The Bidder shall, in consideration of the Purchaser making payment under and in
accordance with the Tender Document, hereby agrees to indemnify the Purchaser
against any costs, loss, damages and claims from third parties or liabilities suffered by
the Purchaser and directly arising out of the following reasons:

a. Any illegal or unauthorized use or in connection with any claim or proceedings


relating to any breach or violation of any permission/license terms by the
Bidder or any of its sub-contractor in the process of fulfillment of required
obligations during contract period.
b. The Bidder shall protect, defend, indemnify and hold harmless to BSNL and
its employees from and against any and all liabilities, damages, fines, penalties
and cost (including legal costs and disbursements)arising from:

CONTRACTOR EE (E)
Page 66 of 68

I. Any breach of any statute, regulation, direction, orders or standards


from any Governmental body, Agency or regulator issued with respect
to the product /services being supplied/provided under this Tender.

II. Any claim made by third parties arising out of the use of the services of
BSNL being provided using the equipment/services supplied under the
Tender to the extent these are attributable solely to the poor quality or
non- compliance of the products/services to the respective
specifications.
III. Any claims arising from other utility / Bidders in connection with
interruptions or degradation of their services due to services provided
by bidder under this Tender.

2. The bidder also declares that in case bidder is blacklisted by GST Authorities in
future & which results in loss of Input Tax Credit (ITC) to BSNL, then BSNL shall have
right to recover any such loss of ITC arising on account of such black-listing.
3. This Deed of Indemnity shall stand terminated on expiry of or early termination of the
contract period as envisaged in the above said Tender requirement.

4. The Deed of Indemnity shall constitute the entire indemnity provided by the Bidder for
the indemnities asked in said Tender.

5. This Deed of Indemnity shall be governed by and construed in accordance with Indian
law.

(Authorized Signatory)
Date:………………
Place:……………..
<< Name of the Bidder>>

Witness 1:

Witness 2:

CONTRACTOR EE (E)
Page 67 of 68

SECTION 10 PART B
ANNEXURE-2

CHECK LIST FOR THE BIDDERS


Please ensure that all documents are fully authenticated by the Authorized Signatory with his signature with
official seal, as per the eligible bidder‟s criteria. Offer is liable to be rejected, if enclosed documents are not
authenticated.
Documents forming part of the bid: -

Submitted / Not
Sl. DOCUMENTS Submitted
No. (If Not Applicable,
reason in brief)
Cost of the tender document (
/-) or
A proof regarding valid registration with body specified by Ministry of
1 Micro, Small & Medium Enterprise for the tendered items will have
to be attached along with the bid.
The address mentioned in the Registration Certificate & MSME
certificate must be the same. The enlistment certificate issued by
MSME should be valid on the date
of opening of tender.
Bid Security in the form of Bank Guarantee for /- valid
up to 120 days from the date of tender opening.
Or
2 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.
The address mentioned in the Registration Certificate & MSME
certificate must be the same. The enlistment certificate issued by
MSME should be valid on the date of opening of tender.
Scanned copy of Bid Form in Section-9 Part A and Price Schedule
3
in Section-9 Part B duly filled up and signed.

4 Scanned Copy of Certificate of Incorporation/ Registration of firms


etc. as applicable
Scanned copy of Power of Attorney attested by Notary Public or
5 Registered with Sub Registrar in favour of the signatory signing
the offer and documents as per Clause no. 14.3 of Section-4 Part
A.
Scanned Copy of board resolution, authorizing a person for
6 executing power of attorney in the name of person, who is
signing the bid document. (In case of
Company/Institution/Body Corporate)
Scanned Copy of Memorandum of Association (or Partnership
7
deed, if not a proprietor firm).
8 Scanned copy of Credentials regarding experience as per clause 4.2

9 Scanned copy of Documents related to financial capabilities of the


bidder as per clause 4.3

CONTRACTOR EE (E)
Page 68 of 68

Scanned copy of a list of all Board of Directors of the company (In


10
case of Limited Company).
Scanned copy of Near Relationship Certificate as per Section 6
11
12 Declaration that the firm is not black listed by GST Authorities
agreement as per clause 4.1.2 of Section -1
13 Letter of Authorization to attend Bid opening event
14 Valid PAN Card
15 Valid Goods and Services Tax Registration Certificate(s)
16 Undertaking and Declaration as per Section-6 duly filled up and
signed
17 Bidder‟s Profile & Questionnaire as per Section-8 duly filled up and
signed.
18 Any other supporting documents asked for in bid document.

For and on behalf of M/s ............ ………………….(Insert Name of Bidding Company)

………………………………………..

Signature and Name of the Authorized signatory of the Company

rubber stamp/seal

Place:…………
Date:………….

CONTRACTOR EE (E)

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