Tendernotice_1
Tendernotice_1
Tendernotice_1
I/714329/2024
BHARAT SANCHAR NIGAM LIMITED
(A Government of India Enterprise)
MM cell, 2nd Floor, Bharat Sanchar Bhawan, HC Mathur Lane, Janpath, New Delhi- 110001
...
From: To,
AGM (MMT) Prospective Bidders
2nd Floor, MMT Section,
Bharat Sanchar Bhawan, HCM Lane,
Janpath, New Delhi – 110001.
Subject: -Tender for Procurement of ONTs along with Comprehensive Repair service
for 3 years after warranty period.
Please find enclosed the tender document in respect of above mentioned tender which contains
the following.
AGM (MMT)
Email: [email protected]
-------------------------------------------------------------------------------------------------------------
Regd. & Corporate Office : Bharat Sanchar Bhawan, H.C.Mathur Lane, Janpath, New Delhi-110 001.
Corporate Identity Number (CIN): U74899DL2000GOI107739
www.bsnl.co.in
1
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
SECTION – 1
1. On behalf of the Chairman and Managing Director, BSNL , New Delhi, online sealed tenders
are invited, on rupee payment basis, in Single Stage Bidding and Two Stage Opening using
two Electronic Envelopes (Techno-commercial bid & Financial bid), from the experienced &
eligible bidders for following works.
Note 2: The quantities indicated are estimated and BSNL reserves the right to vary the
quantity to the extent of -50 % to +50 % of specified quantity at the time of issue of
the APO without any change in unit price or other terms & conditions.
Note 3- Approximate requirement of Dual Band & Single Band ONTs will be 10 Lakhs
and 5 lakhs respectively.
2.1 The bidders are required to submit Tender fee of ₹ 10,000/- plus 18% GST, (Total of
₹ 11,800/-) preferably through online payment mode [RTGS/NEFT etc.] in BSNL A/c as
per the below mentioned. However, Tender Fee may also be submitted through DD/
Banker’s cheque. The DD/ banker’s cheque shall be drawn from any Nationalized/
Scheduled Bank in favour of “AO (Cash), BSNL, C.O. New Delhi” and payable at “New Delhi”.
In case, the bidder submits Demand draft as Tender Fee/bid Security, the Name of the
bidder shall be mentioned in the DD/Bankers Cheque issued by Nationalized / Scheduled
bank.
BSNL Bank/Beneficiary Details for e-Payment transaction (Applicable both for Tender
Fee/EMD):-
2
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
IFSC Code- PUNB0112000
Bank Account No- 1120002102306372
MICR Code- 110024043
Swift Code PUNBINBBDCG
Note: “The tender fee is non-refundable”.
2.2 MSE (Micro & Small Enterprise) bidders are exempted from payment of Tender Fee/Bid
Security (if exemption from tender fee/ EMD is claimed by them) provided they submit
current and valid Udyam Registration Certificate issued from the Ministry of MSME for the
tendered items manufactured/produced by MSE bidder themselves. These exemptions
are NOT APPLICABLE for Medium Scale Units/ Traders/ distributors/ sole agent and for
tender for Works Contract.
In case of graduation of MSEs (from a lower to a higher category e.g. Micro/Small to
Medium) or reverse-graduation (sliding down to lower category e.g. Medium to
Micro/Small) of an enterprise and consequent re-classification in its present category, the
enterprise will be given the benefit of the changed status only as per the latest guidelines
issued by the Ministry of MSME, Government of India. [For details Notification Dated 26th
June 2020 and its subsequent Amendment Dated 18th October 2022 issued by the
MINISTRY OF MICRO, SMALL AND MEDIUM ENTERPRISES may be referred.]
Declaration of Udyam Registration Number & category by MSE bidders on e-tender portal
CPPP is mandatory in interest of bidder, failing which such MSE bidders will not be able
to enjoy benefits as per public procurement policy for MSEs order 2012 for Tenders invited
electronically through CPPP and may not be included in bidders eligible for e-reverse
auction (if r-RA is applicable in an e-tender), if otherwise H-1 quoting bidders. The
undertaking/self-declaration that URM number & MSE category is updated on CPPP portal
(etenders.gov.in) is to be uploaded online in technical bid part. MSE bidders should also
mention their social category (e.g., SC/ST/Women), if any".
4. Eligibility Conditions: In order to qualify as a Bidder, a prospective Bidder shall fulfill the
following Eligibility criteria:-
4.1. The Bidder shall be registered & incorporated in India as a Company under the Indian
Companies Act, 1956 or 2013 or an LLP registered under relevant LLP Act 2008.
4.2. The average annual turnover of the bidder during three financial Years (2020-21, 2021-22
3
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
and 2022-23 or 2021-22, 2022-23 and 2023-24) shall be minimum INR 80 Cr. Balance
Sheet & P&L statements audited & certified by CA, to be submitted as documentary proof.
4.3. The bidder shall be either the OEM of the tendered item(s) or an authorized reseller/partner
of the OEM of the tendered item(s). In case bidder is an authorized reseller/partner of the
OEM, then MAF / support certificates from the OEMs for supply, warranty & after sales
support shall be attached.
4.4. The bidder or its OEMs shall have the experience of supplying minimum 3.5 lakhs quantity
of quoted make of ONTs to any TSP/ISP/Govt. Department/Govt PSUs in India or outside
India (to any Telco or Government organisation) cumulatively during the last five financial
years period i.e. 2018-19, 2019-20, 2020-21, 21-22 & 2022-2023 or from 2019-20 to
2023-24.
4.5. Bidder can quote up to two make of ONT. In case multiple make of ONTs are quoted, for
each quoted ONT bidder/OEM shall have experience of supplying minimum 1 lakh ONTs to
any TSP/ISP/Govt Department/Govt PSUs in India or outside India (to any Telco or
Government organisation) cumulatively during the last five financial years period i.e. 2018-
19, 2019-20, 2020-21, 21-22 & 2022-2023 or from 2019-20 to 2023-24, subject to
meeting the eligibility clause 4.4 above in totality.
4.6. Documentary evidence for 4.4 & 4.5 to that effect, in the form of successful supply
certificate or Purchase Orders along with Invoices issued & certificate from CA for having
received at least 90% payments against the referred Invoices, shall have to be furnished
along with Bid Document. BSNL reserves the right to verify the authenticity of the
documents submitted / supply experience claimed by bidder, at any time.
4.8. 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.
4.9. The bidder should have a valid Permanent Income Tax Account No (PAN) and shall submit
a copy of the same with the bid.
4.10. Any bidder including OEM(s) (as defined in MoF order cited below), from a country which
shares a land border with India will be eligible to bid in this tender, only if the bidder
including all its OEMs are registered with the competent authority prescribed in accordance
to new MoF order issued vide OM bearing No.7/10/2021-PPD (1) Dated 23.02.2023.
Registration Certificate must be submitted along with the proposal under this tender.
However, if the aforesaid MoF order does not apply to the bidder including OEM(s) / TOT
partner (as defined in afore cited order), then a certificate as per Section 6 Part C must be
submitted by the bidder and its OEMs, along with bid.
4.11. Public Procurement (Preference of Make in India) –Latest PMI guidelines issued vide
No. P-45021/2/2017-PP(B.E.-II)-Part IV (Vol-II) dated 19th July, 2024 and subsequent
amendments, if any, are applicable for the tender. However, since tender’s estimated value
4
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
being more than INR 200 Cr, Bids with Non-local suppliers/OEMs as well as Local suppliers/
OEMs shall be eligible to participate in the tender.
4.12. The bidder shall have the TSEC Certificate or should have applied for TSEC approval to QA
Circle of BSNL (i.e. QA registered QF103 format is issued) for the ONTs being offered
against the specifications under Section 3 Part B, at the time of submission of Bids. Proof
for the same shall be submitted along with the technical bids.
Format [Section7(J)] duly filled for essential information (pertaining to bidder) for
applying to NSCS for obtaining clearance from Trusted Sources Portal (NSCS) shall be
filled and submitted with the bid". If bidder has already applied or obtained the required
clearance, the details of same may kindly be submitted in technical bid part.
6.1. The bidder shall furnish the bid EMD/Bid Security for an amount INR 2 Crores, as per the
mentioned Bank/Beneficiary Details. However, Bid security may also be submitted through
DD/ Banker’s cheque in one of the following ways:-
a) Demand Draft/ Banker‘s cheque drawn in favour of “AO (Cash), BSNL, C.O. New Delhi”
and payable at “New Delhi.”
c) For issuance / acceptance of e-BGs ( EMBG or PBG), BSNL has on-boarded NeSL with
following details:
1) Beneficiary ID: BSNL_1002_MM
2) Email ID : [email protected]
3) PAN of Entity: AABCB5576G
4) Constitution Type: Public Sector Enterprise
6) Complete Name: Bharat Sanchar Nigam Limited (BSNL)
7) Full Address: Bharat Sanchar Bhawan, H.C. Mathur Lane, Janpath, New Delhi-
110001
5
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
EMD may also be submitted through online payment mode as per details under clause
2.1 above.
Note:-MSE (Micro & Small Enterprise) bidders are exempted from payment from Bid
Security. Refer clause 2.2 above in this regard.
If a vendor registered with body specified by Ministry of Micro, small and medium
enterprise claiming concessional benefits (such as exemption from Tender Fee and EMD)
is awarded work by BSNL and subsequently fails to obey any of the contractual obligation,
he may be debarred from any further work/contract by BSNL for one year from the date
of issue of such order and MSME authority issuing the certificate shall also be informed
for taking suitable action.
7. Last Date & Time of Submission of Bid
(a) The date and time for submission of the online Bid & offline documents is 22.08.2024
(“Bid Closing Date”)
(b) In case the date of submission (opening) of bid is declared to be a holiday, the date of
submission (opening) of bid will get shifted automatically to next working day at the
same scheduled time. Any change in bid opening date due to any other unavoidable
reason will be intimated to all the bidders separately.
9.1. Since tender is invited through e-tendering process, the tenders shall be opened through
‘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. Kindly refer clause 8 of Section-4 Part C of Tender document
for further instructions.
9.2. In addition, authorized representatives of bidders (i.e. vendor organization) can attend the
TOE at the “MMT section, 2nd Floor, Bharat Sanchar Bhawan, Janpath, New Delhi”, where
BSNL’s Tender Opening Officers would be conducting Public Online or manual Tender
Opening Event (TOE).
10. Incomplete, ambiguous, Conditional, unsealed tender bids are liable to be rejected.
11. CMD, BSNL reserves the right to accept or reject any or all tender bids at any tender stage,
without assigning any reason. He is not bound to accept the lowest tender/bid.
12. The bidder shall furnish a declaration in his tender bid that no addition/ deletion /
corrections have been made in the terms & conditions of the downloaded tender document
against which the bids are being submitted and it is identical to the tender document
appearing on the website.
13. 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.
13.1. The Bidder / OEM should have local technical support and after sales repair centre in India
for which he is bidding. Copy of the details of local support centre such as address, Name
& contact no of authorised representative, should be submitted along with the bid. At least
one service center to be made operational within 90 days of issue of PO and multiple
6
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
service centers (minimum one each Zone North, South, East & West) to be operational
within 180 days of issue of PO.
14. Integrity Pact- Integrity Pact Program is implemented for this tender for which signing of
Integrity Pact is mandatory for the purchaser and bidder. Format of Integrity Pact is
provided in under Section 7 (I). To oversee the implementation of Integrity Pact Program,
IEMs are appointed by BSNL information of which is available on the Home page of
www.bsnl.co.in under Link for “Independent External Monitor”.
15. In accordance with DOT guidelines, any directions of DOT there under, BSNL shall have the
right to direct, to warn, to penalize the company or terminate the Agreement after
considering any report of conduct or antecedents detrimental to the security of the nation.
The decision of BSNL in this regard in accordance with such DOT directions shall be final
and binding and in any case the company shall bear all liabilities in the matter and keep
BSNL informed for all claims, cost, charges or damages in this respect
16. All documents submitted in the bid offer should be preferably in English. In case the
certificate viz. experience, registration etc. is issued in any other language other than
English, the bidder shall attach an English translation of the same duly attested by the
bidder & the translator to be true copy in addition to the relevant certificate.
17. All computer generated documents should be duly signed/ attested by the bidder/ vendor
organization.
18. The queries in respect of the bid document, if any, can be submitted through Email, latest
by 11.08.2024 Any query received after this date will not be entertained.
BSNL Contact-1
Contact Person Sh SANJAY VATSA; AGM(MMT-II)
Telephone (011) 2371 7844 [between 9:30 hrs. to 18:00 hrs. on working
days] Mobile.No.9868176305
E-mail ID [email protected]
BSNL Contact-2
Contact Person Sh Sameer; Mobile No. 9868892555
Telephone (011) 2303 7172 [between 9:30 hrs. to 18:00 hrs. on working
days]
E-mail ID [email protected]
7
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
SECTION- 2
Tender Information
1. Type of Tender:
Note 2: The bidder shall submit Techno-commercial bid and financial bid simultaneously.
2. Bid Validity Period / Validity of bid Offer: 150 days from the tender opening date. Any bid
for a shorter period will be rejected by purchaser as non-responsive, if the bidder does not
agree to amend the same on being pointed out by BSNL.
3. The tender offer shall contain two electronic envelopes viz. techno-commercial and
financial envelope. The techno-commercial part/envelope will be opened first and then second
electronic envelope consisting of financial bids will be opened for those bidders whose techno-
commercial bids are found to be responsive.
i. Price Schedule (both in PDF and Excel format as per format given in Section 9 Part–B).
ii. Detailed Priced Bill of material (BOM) which shall include details of all accessories of all
items mentioned in Schedule of requirement, both in PDF and Excel format.
8
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
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 1):- In case there is any discrepancy between the information entered in the BOQ
(System generated BOQ) and that as per the scanned copy of signed & stamped PDF
document [price schedule (Section 9 Part B)] uploaded on NIC Portal, then information as
per the uploaded signed &stamped PDF document [Price schedule (Section 9 Part B)] shall
prevail over the information entered in the BOQ
Note 2):- Bidders are requested to enter their quoted figures very carefully and compare
with the figures that appear in words indicated by CPPP system in the BoQ
Note 3):- Originals of Bank Instruments such as DD or EMBG towards Tender Fee, EMD/Bid
Security respectively (if not submitted through e-payment mode), shall be submitted by
bidder on any date before or within 5 days of bid submission end date to DM (MMT), BSNL,
C.O. 2nd Floor, Bharat Sanchar Bhawan, Janpath, New Delhi110001 in a sealed envelope
bearing the Tender number, Name of work, failing which the tender bid (if already opened
on basis of scanned copies uploaded in 1st electronic Envelope i.e. Technical Envelope)
shall be rejected.
4. Validity of APO shall be 24 months from the date of placement of first of PO. POs against the
APO will be placed during 24 months from the date of placement of first PO.
5. Delivery Schedule:
5.1. The PO shall be placed in phases generally on monthly/Quarterly basis as per the
requirement by BSNL Circles. The equipment need to be delivered at the BA HQ specified in
the PO.
5.2. The delivery period in respect of first PO for each of the Circle shall be 8 weeks from the
date of issue of Purchase Order (PO).
5.3. From the second PO placed by Circle, the total delivery period for supply of ONT shall be 4
weeks from the date of issue of Purchase Order (PO).
5.4. MAC Id and related details of the ONT, which are important for maintenance of inventory,
shall be provided to BSNL, before delivery is initiated for the respective consignees.
5.5. Advance delivery is allowed. Payments against preponed deliveries shall be made as
applicable.
6. Payment Terms: Payment shall be made in Indian Rupees. (No interest shall be paid on
account of any delay in payments)
i. The entire repair Service for a year will be divided into four quarters.
ii. After successful completion of the service in each quarter, 100% payment after
making due adjustment towards SLA penalties shall be made based on the quarterly
bills submitted.
9
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
iii. No advance payment for repair and service shall be made.
6.3. No payment will be made for goods rejected at the site on testing and if payment is made
already it will be recovered from outstanding dues of bidder.
7. Payment Authority - CGM Circle, i.e. circle placing the PO shall be payment authority.
8. Consignee: The tendered item will be supplied as per the distributed quantities at “BA
Headquarter” which will be intimated at the time of PO by respective circles. The payments
will be made on the actual supplied equipment.
9. General Conditions:
9.1. BSNL reserves the right to accept or reject any proposal or to this process and reject all
proposals, at any time prior to finalization of the tender without assigning any reason
whatsoever and without thereby assigning any liability to the affected participant on the
ground of BSNL’s action(s).
9.2. Any effort by a company to influence the proposal comparison/evaluation/ work award
decision by way of overt/covert canvassing shall result in non-consideration / rejection of its
proposal.
10
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
Section 3 Part A
Scope of Work
1. The tender is floated for Procurement of ONTs for provisioning of FTTH connections and EB
circuits.The successful bidders shall supply the ONTs as per the Technical Specifications.
The supplied OLTs under this contract shall be MTCTE Certified.
2. The ONTs to be offered/supplied by bidders should be compatible with all types of OLT
makes (MTCTE Certified) working / being inducted in the BSNL Network. The successful
bidder shall ensure the integration requirement of the ONT’s with the OLTEs working/being
inducted in the BSNL network. The supplier shall offer the ONT for testing with different
make and model to BSNL before commencing the delivery. The testing shall be carried in
the field units jointly decided by BSNL and Vendor
3. The Bidder shall provide support to the Field officers /NoC in case of issues in the ONTs and
also provide timely patches to address the security / operational issues faults. For This
purpose a dedicated Engineer shall be provided by the vendor at Banglore NOC
4. BSNL logo shall be printed on the ONTs as well as the packing boxes as per BSNL’s design.
5. Warranty period for tendered items will be two year from date of supply of equipment /
item by the Bidder.
6. Bidder shall provide the repair service for the supplied ONT for 3 years post warranty period.
Bidder shall provide replacement for the faulty ONT as per warranty conditions.
7. All the equipment (hardware & Software) supplied shall handle both IPv4 and IPV6 traffic.
9. During the contract period, if any new make of OLT is inducted in BSNL network, the
supplier shall ensure the compatibility without any additional cost to BSNL.
10. BSNL will forecast the requirement of ONT on six monthly basis.
11
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
SECTION- 3 Part B
TECHNICAL SPECIFICATIONS
The technical specifications for various types of ONT under this tender are as
given below: - The detailed specifications for various types of ONTs as mentioned below
shall prevail over the specifications of TEC GR wherever any conflict is there:
1. Technical Specifications of Single Band ONT:
12
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
xix. Environmental requirements: Should comply with environmental standard QM-333
‘B2’ category
13
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
xx. The ONT shall support Network Locking and TR069
1.7 Management
i. Should be manageable via OMCI channel
ii. TR-069
iii. SNMP/DHCP/TFTP
iv. Management via web interface through PC connected to Eth interface
v. Should support remote software firmware image upgrade/backup via TFTP/FTP/Web
based
vi. Should support storage of two software images
vii. L2 switch and L3 routing gateway with port forwarding
viii. AT and NAPT address translation
ix. integrated stateful packet inspection (SPI) firewall with a configurable access control
list (ACL)
x. Shall support DHCP server for IP management
xi. Built-in Diagnostic Function.
xii. Built-in SIP IAD for GPON ONT.
xiii. Monitor for Line speed (US/DS), Attenuation, noise margin, CRC, etc
1.8 Security
i. The ONT shall comply with latest DoT’s security guidelines
ii. MAC address spoofing protection
iii. MAC address filtering via ACL
iv. IP and port filtering via ACL
v. MAC/IP address port binding
vi. DOS protection
vii. MAC ADDRESS Limitation per port
viii. Shall support Firewall feature
ix. ONT’s are ITU-T, G-9980 standard compliant
x. ONT shall Support WPA2/WPA3 security feature
xi. ONT Support multiple SSIDs and Wireless Multimedia (WMM) features.
xii. ONT should support Firewall features with proper ACL configurations capability with
a secure by default firmware
14
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
2.5 Memory
i. The ONT shall have minimum memory of 256MB Flash and 128 RAM.
15
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
2.6 Functional Requirement
i. Layer 2 bridging support: The ONT shall support 64 MAC addressed & 16 VLAN.
ii. Following capabilities shall be supported at UNI:
a. Flow control per 802.3x
b. IGMPv2/3 snooping (Optional)
c. IGMP filtering (Optional)
d. 128 Multicast group (Optional)
iii. Bandwidth Management, congestion control & QoS:
iv. For better quality of service support the ONT is required to support 802.1p bridging.
v. Different scheduling methods can be applied e.g. strict priority & weighted round-
robin. When p-bits are combined with VLAN ID for indicating QoS classes, the
network elements should have the ability to queue in function of the VLAN ID.
vi. Dynamic Bandwidth adjustment (DBA) shall be supported.
vii. ONT Ethernet port shall be configurable to support the following frames:
a. Customer VLAN tagged frames.
b. Priority tagged frames.
c. Untagged frames.
d. 802.1p mode.
viii. Should support special characters in the VoIP indicator field and accept IP/domain
name as required in the SIP server fields.
ix. The ONT shall be driverless unit for working on Ethernet interface i.e. No driver
should be required to be installed in PC to make subscriber unit run. The unit
configuration should be either through console or web console without requirement
of any software loading done externally.
x. The ONT shall be compatible with commercially available client software in Windows
XP, Windows Vista, Windows 7 / 8 /10, Linux, Apple and Mac OS for Ethernet &
Wireless interfaces.
xi. The supplied ONT should be compatible with the PPPoE dialers inbuilt with various
Operating Systems like MS Windows, Linux, Apple, Mac etc.
xii. The ONT shall optionally have the provision to maintain log file (password, carrier
detection, carrier loss etc.) with correct date and time stamp.
xiii. The ONT shall be supplied with preconfigured settings taken by successful bidder/s
from BSNL. Further the CPEs shall also be web configurable.
xiv. Should allow username and password with special characters
xv. ONT shall have logical port mapping functionality. Logical Port Mapping is sort of
NATP(Network address translation with ports), allows to create a permanent
translation entry that maps a private IP address & protocol port (TCP/UDP) of a
LAN side machine to an IP address and protocol port (TCP/UDP) on a WAN interface
of CPE. This logical port mapping shall be applied for inbound as well as outbound
xvi. The ONT shall have on/off switch.
xvii. The ONT shall support Serial Number or Password based activation and
authentication.
xviii. The ONT shall operate synchronously with the PON clock transmitted by the OLT.
xix. The ONT should be compatible with the PPPoE dialers inbuilt with various Operating
systems like MS Windows, Linux, MAC OS etc.
xx. The ONT shall support Network Locking and TR069
16
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
vi. Supports port forwarding and MAC address filters.
vii. Supports Application Layer Gateways (ALG)
viii. Supports basic diagnostic tools such as ping, trace route and counters.
ix. Supports the feature of ‘Parental Control’.
x. VPN pas through
xi. Built-in PPPoE support for HSI
2.8 Management –
i. Should be manageable via OMCI channel
ii. TR-069
iii. SNMP/DHCP/TFTP
iv. Management via web interface through PC connected to Eth interface
v. Should support remote software firmware image upgrade/backup via TFTP/FTP/Web
based
vi. Should support storage of two software images
vii. L2 switch and L3 routing gateway with port forwarding
viii. AT and NAPT address translation
ix. Integrated stateful packet inspection (SPI) firewall with a configurable access
control list (ACL)
x. Shall support DHCP server for IP management
xi. Built-in Diagnostic Function.
xii. Built-in SIP IAD for GPON ONT.
xiii. Monitor for Line speed (US/DS), Attenuation, noise margin, CRC, etc.
2.9 Security –
i. The ONT shall comply with latest DoT‘s security guidelines
ii. MAC address spoofing protection
iii. MAC address filtering via ACL
iv. IP and port filtering via ACL
v. MAC/IP address port binding
vi. DOS protection
vii. MAC ADDRESS Limitation per port
viii. Shall support Firewall feature
ix. ONT’s are ITU-T, G-9980 standard compliant
x. ONT shall Support WPA2/WPA3 security feature
xi. ONT Support multiple SSIDs and Wireless Multimedia (WMM) features.
xii. ONT should support Firewall features with proper ACL configurations capability with
a secure by default firmware
3.1 The ONT’s shall meet the requirements for CPE Wan Management Protocol (CWMP) as per
TR069 standards
3.2 All attributes/paths as per the TR069 standard profile shall be available in the ONT’s
3.3 Additional attributes/paths as specified further in this document, if not present in the
standard TR069 profile shall be available under a separate group named BSNL.
17
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
3.4 The ONT’s shall support Network locking i.e. it shall be possible to configure the following
domains only from the ONT
a. ftth.bsnl.in
b. tr69.in
3.5 It shall be possible to add VPN domains into the group depending upon the requirement
through TR069 ACS
3.6 The ONT shall code the following TR069 parameters of BSNL into the ONT
Default ACS Parameters
# PATH VALUE
3.7 After any software upgradation, the ONT shall come up with the original configuration
including the network locking. There shall not be any requirement of hard reset for the new
firmware to take into effect
3.8 The following attributes shall be available through the standard paths/attributes
a. Optical receive power
b. All service creation parameters including VLAN
c. All Wi-Fi parameters
d. IPv6 parameters
e. Memory – total, usage
f. Temperature
3.9 The ONT shall have BSNL specific attribute for the following parameters
c. Connected devices list
d. Connected devises receive power levels(RSSI)
e. Connected devices data rate, data usage volume from last reboot
f. Connected devices bandwidth
4. ONT without the voice Port – BSNL may also opt for placing the order for Single and
Dual antenna ONT as per above specifications without having voice port. Price of the non-
voice ONT shall be paid INR 100 less than the PO price of Single and Dual band ONT
respectively.
18
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
Section 3 part C
1.1 Only the anticipated drawl is mentioned without any commitment, beyond 50% quantity
during the period of contract.
1.2 The purchaser is entitled to place supply orders up to the last day of the validity of the
contract and, though supplies against such supply orders will be effected beyond the validity
period of the contract, all such supplies will be guided by the terms & conditions of the
contract.
1.3 Single Band ONT Price – Price of Single Band shall be paid @60% of the PO price of Dual
band ONT respectively.
1.4 Bidder shall furnish the detailed Bill of Material (BOM) for each SOR item mentioned above,
if applicable. The detailed Bill of Material should clearly mention all the components
including quantities, and other accessories like adapter cable etc constituting the SOR item
including consumable items and accessories.
1.5 Bidder shall provide comprehensive repair service for 3 Years after completion of two year
of warranty period. Repairing charges after warranty shall be fixed at @ 20% of net Basic
cost (Without FFPI & without GST) discovered of ONT. Number of ONT repaired shall not
exceed 10% of the procurement quantity per annum post warranty period. Beyond 10%
the vendor shall provide the repair services at his own cost.
1.6 The bidder must include and quote for all the required Hardware, Software, License and
Subscription components. In case, the bidder does not include and quote for any required
component and it is discovered later that this component is required to deliver the
functional requirement of tender, then the bidder has to supply that component free of cost.
1.7 All updates, version upgrades, subscription feeds, remote and on-site configuration support
will have to be made available without any additional costs during the warranty period and
the repair period. In case of onsite configuration support if situation so demands for services
restoration and continuity, then same shall be provided by bidder as a part of
warranty/repair Obligation
19
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
Section 4 Part A
GENERAL INSTRUCTIONS TO BIDDERS (GIB)
1. DEFINITIONS:
a) “The Purchaser” means the CMD, Bharat Sanchar Nigam Ltd. (BSNL), New Delhi
b) “The Bidder” means the individual, company or firm who participates in this tender and
submits its bid.
c) “The Supplier” or “The Vendor” means the individual, company or firm supplying the
goods under the contract.
d) “The Goods” means all the equipment, machinery, and/or other materials which the
Supplier is required to supply to the Purchaser under the contract.
e) “The Advance Purchase Order” or “Letter of Intent” means the intention of Purchaser to
place the Purchase Order on the bidder.
f) “The Purchase Order” means the order placed by the Purchaser on the Supplier signed
by the Purchaser including all attachments and appendices thereto and all documents
incorporated by reference therein. The purchase order shall be deemed as “Contract”
appearing in the document.
g) “The Contract Price” means the price payable to the Supplier under the purchase order
for the full and proper performance of its contractual obligations.
h) “Validation” is a process of testing the equipment as per the Generic Requirements in the
specifications for use in BSNL network. Validation is carried out in simulated field
environment and includes stability, reliability and environmental tests.
i) “Telecom Service Provider” means any Telecom operator in India, who is
licensed by the Department of Telecommunications (DOT), Government of India to
provide telecom services to the general public or to the other DOT licensed Telecom
operators.
j) “Successful bidder(s)”means the bidder(s) to whom work in this tender is awarded.
k) “Original Equipment Manufacturer” or “OEM” for the purpose of this tender means a
company who is manufacturing the equipment or getting it manufactured through
contract manufacturer, based on either its own design/ know-how or design/ know-how
of any other company/ organization, but not trader.
l) GST Act - The term 'GST Act' shall include Central Goods and Service Tax Act, 2017
(CGST), State Goods and Service Tax Act, 2017 (SGST), Integrated Goods and Service
Tax Act, 2017 (IGST), Union Territory Goods and Service Tax Act, 2017 (UTGST), Rules
and any other GST related legislation in India
m) GST - For the purpose of this agreement, the term 'GST' shall include Goods and Service
Tax under Central Goods and Service Tax Act, 2017 (CGST), State Goods and Service
Tax Act, 2017 (SGST), Integrated Goods and Service Tax Act, 2017 (IGST), Union
Territory Goods and Service Tax Act, 2017 (UTGST) and any other taxes levied under the
GST related legislation in India, as may be applicable.
2. ELIGIBILITY CRITERIA:
20
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
3. COST OF BIDDING
The bidder shall bear all costs associated with the preparation and submission of the bid.
The Purchaser will, in no case, be responsible or liable for these costs, regardless of the
conduct or outcome of the biding process.
4. DOCUMENTS REQUIRED
4.1 The goods required to be supplied; bidding procedures and contract terms and conditions
are prescribed in the Bid Documents.
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.
5.2 The format in which the queries are to be sent via E-mail (soft copy in Excel format) is as
under:
5.3 Any clarification issued by BSNL in response to query raised by prospective bidders shall
form an integral part of bid documents and it shall amount to an amendment of relevant
clauses of the bid documents.
Prospective Bidders are requested to add the NIT on CPPP (when configured) to list of
favourites so that they may get alert for all updates
21
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
7. DOCUMENTS COMPRISING THE BID
The bid prepared by the bidder shall ensure availability of the following components:
a. Documentary evidence establishing that the bidder is eligible to bid and is qualified
to perform the contract if its bid is accepted in accordance with the clause 2 & 10.
b. Bid Security furnished in accordance with clause 12.
c. A Clause by Clause compliance as per clause 11.2 (c)
d. A Bid form and price schedule completed in accordance with clause 8 & 9.
e. Compliance to the technical Specifications given in Section-3 Part-B.
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
9.1 The bidder shall give quote values in INR upto two decimal places as per the price
schedule given in Section 9 Part B.
9.2 Prices indicated as in the Price Schedule shall be entered in the following manner:
(i) The Basic Unit price (Ex-Factory Price) of the goods, Freight, Forwarding, Packing,
Insurance, GST( CGST, SGST, IGST) on Freight already paid or payable by the supplier
shall be quoted separately, item wise.
(ii) The supplier shall quote as per price schedule given in Section 9 for all the items
given in schedule of requirement.
9.3 A bid submitted with an adjustable price quotation will be treated as non - responsive and
rejected.
9.4 The prices quoted by the bidder shall be in sufficient detail to enable the Purchaser to
arrive at the price of equipment/system offered.
9.5 The price approved by BSNL for procurement will be inclusive of levies and taxes, packing,
forwarding, freight and insurance as mentioned in clause 9.1 subject to other terms and
condition as stipulated in clause 22.2 of Section 4 Part A. and clause 11 of Sec-5 Part A
of Bid-document. Unloading charges at the consignee end shall be borne by the supplier
and no separate charges shall be paid for transportation to individual sites for installation.
9.6 The freight by sea for transportation of equipment/Stores from the nearest port in the
main land to Andaman & Nicobar Islands will be reimbursed to the supplier at the
concessional rates levied by Ministry of Water and Surface Transport on production of
proof.
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,
all the documents whichever are required as per the eligibility & other terms and
conditions under Section-1 of the Tender Enquiry Bid Documents. Following is an
indicative list only.
a) Valid MSE Certificate, if applicable. In case the ownership of such MSE Entrepreneurs
happens to be from SC/ST category, proof in this regard also need to be submitted.
b) Type Approval Certificate given by Telecom Engineering Centre (TEC)/ TSEC issued
by the Quality Assurance Circle of BSNL or proof of having applied for TSEC (copy of
22
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
QA registered Form QF 103 be attached).
c) Additional documents to establish the eligibility and qualification of bidder as specified
in Section-1 and Section-4 Part B.
d) 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).
e) Documentary proof of GST registration.
f) Undertaking duly signed by front bidder and its technology/ consortium partner
stating that both of them shall be liable for due performance of the contract jointly
and severally. Further, OEM partner shall be liable for due performance of contract
jointly and severally but limited to their scope of contract.
g) Certificates from all Directors of the bidder stating that none of their near relatives
are working in BSNL in accordance with clause 33.
h) Certificate of incorporation.
i) Article or Memorandum of Association or partnership deed or proprietorship deed as
the case may be.
j) 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.
k) Registration certificate from State Director of Industries or from Secretariat for
Industrial Assistance (SIA), Ministry of Industries, Government of India.(for
manufacturing Units)
l) Approval from Reserve Bank of India/ SIA in case of foreign collaboration for
manufacturing tendered equipment.
m) Certificates regarding Make in India products as applicable under Section-4 Part-B.
n) Certificates regarding bidder/OEM not from a country which shares land border from
India as applicable under Section-4 Part-B.
o) Any other certificate(s) as per the Tender requirements.
10.2 Documentary evidence for financial and technical capability (as per the eligibility criteria)
a) The bidder shall furnish audited Annual Report and /or a certificate from its bankers
to assess its solvency/financial capability.
b) The bidder shall furnish documentary evidence about technical and production
capability necessary to perform the contract.
10.3 In order to enable the Purchaser to assess the proven-ness of the system offered, the
bidder shall provide documentary evidence regarding the system being offered by him.
10.4 A signed undertaking from Authorized Signatory of the bidder that shall certify that all
components/ parts/ assembly/ software used in the Desktops and Servers like Hard disk,
Monitors, Memory etc. shall be original, new components/ parts/ assembly/ software and
that no refurbished/ duplicate/ second hand components/ parts/ assembly/ software are
being used or shall be used.
10.5 For supply of any software i.e. operating system or any applications software the bidder
should submit a Certificate Of Authenticity (COA), signed by Authorized Signatory stating
that all Software supplied are authentic and legal copy is/ are being supplied.
10.6 Documentary evidence/ Declaration to the effect that the type of software to be utilized
in the system/ equipment i.e. Packaged/ Canned OR Customized shall be furnished by
the bidder. In case of Packaged/ Canned, the portion of value which represents
23
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
consideration paid or payable for transfer of right to use such goods subject to provisions
laid down in Central Excise/Custom Notifications”.
11. DOCUMENTS ESTABLISHING GOOD’S CONFORMITY OF BID DOCUMENTS
11.1 Pursuant to clause 7, the bidder shall furnish, as part of his bid, documents establishing
the conformity of his bid to the Bid Documents of all goods and services which he proposes
to supply under the contract.
11.2 The documentary evidences of the “goods and services” conformity to the Bid Documents,
may be, in the form of literature, drawings, data etc. and the bidder shall furnish :
a. A detailed description of goods with essential technical and performance
characteristics;
b. a list, giving full particulars including available sources and current prices of all
spare parts, special tools, etc., necessary for the proper and continuous functioning
of the goods for 2 year warranty and 3 year Repair Contract period following
commencement of use of the goods by the purchaser, and
c. a clause-by-clause compliance on the purchaser's Technical Specifications and
Commercial Conditions demonstrating substantial responsiveness to the Technical
Specifications and Commercial Conditions. In case of deviations, a statement of the
deviations and exception to the provision of the Technical Specifications and
Commercial Conditions shall be given by the bidder. A bid without clause-by-clause
compliance of the Section-3, Section 4 and General (Commercial) Conditions &
Special (Commercial) Conditions (Section- 5 Part A, B & C) shall not be considered.
11.3 For the purpose of compliance to be furnished pursuant to the clause 11.2(c) above, the
bidder shall note that the standards for the workmanship, material and equipment and
reference to the `brand names or catalogue number, designated by the Purchaser in its
Technical specifications are intended to be descriptive only and not restrictive.
12. BID SECURITY/EMD
12.1 The bidder shall furnish, as part of its bid, a bid security as mentioned in Section-1(NIT).
12.2 The MSE (Micro and Small) bidders are exempted from payment of bid security, subject
to following conditions:
a) A proof regarding valid registration with body specified by Ministry of Micro, Small &
Medium Enterprise for the tendered items will have to be attached along with the bid.
b) The enlistment certificate issued by MSME should be valid on the date of opening of
tender.
d) If a vender 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.
e) Medium Enterprises shall not be eligible as per Sub-clauses 12.2 (a) to (d) above
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)
24
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
12.5 The bid security may be forfeited:
b. 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
c. If the bidder does not accept the APO/ AWO and / or does not submit PBG & sign
the contract/ agreement in accordance with clause 28.
Note: – the bidder shall mean individual company firm or the front bidder and its
technology / consortium partner as applicable vide eligibility conditions.
13.2 In exceptional circumstances, the purchaser may request the consent of the bidder for an
extension to the period of bid validity. The request and the response thereto shall be
made in writing. The bid security provided under clause 12 shall also be suitably extended.
The bidder may refuse the request without forfeiting his bid security. A bidder accepting
the request and granting extension will not be permitted to modify his bid.
Note:-The Purchaser may ask the bidder(s) to supply, besides original bid, additional
copy of bids as required by him.
14.2 The bid shall 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.
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 by the Board
of Director to execute power of attorney shall be attached.
c. In case of the bidder being a firm, the said Power of Attorney should be executed by
25
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
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 by the Company’s/
firm’s bankers shall be furnished. Name, designation, Phone number, mobile number,
email address and postal address of the authorized signatory shall be provided.
e. 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 power of attorney holders of the bidder
company 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 Section-4 Part A of the tender document.
The letter of authorization shall be indicated by written power of attorney
accompanying the bid.
15.2 The bids shall be called under Single Stage Bidding & Two Envelope System
15.3 In Single stage bidding & two electronic envelopes system, the bidder shall submit his bid
in two envelopes;
a) The First envelope will be named as Techno-commercial bid. This envelope will
contain documents of bidder’s satisfying the eligibility / Technical & commercial
conditions as per clause 2 & 10 with Bid Security as per Clause 12. Second envelope
will be named as Financial bid containing Price Schedules as per Section 9 Part B.
b) The envelopes for offline documents shall be addressed to the purchaser inviting the
tender.
c) The Purchaser Address shall be:
DGM (MMT),
Bharat Sanchar Nigam Limited (Corporate Office),
2nd Floor, Bharat Sanchar Bhawan,
Janpath, New Delhi-110001.
d) The envelope shall bear the name of the tender, the tender number and the words
'DO NOT OPEN BEFORE' (due date & time).
e) The inner and outer envelopes shall indicate the name and complete postal address
of the bidder to enable the purchaser to return the bid unopened in case it is declared
to be received 'late'.
f) Envelope should be deposited in the tender box provided by tendering authority or
sent by registered post or delivered in person on above mentioned address (address
is given in Clause 15.2 (a) above). The responsibility for ensuring that the tenders
are delivered in time would vest with the bidder.
g) Bids delivered in person on the day of tender opening shall be delivered upto specified
time & date as stated in NIT to AGM(MMT)/DM (MMT) [in case of tenders invited by
MMT section of BSNL C.O.] / concerned officer to be specified by tendering authority
[In case of tenders invited from other units of BSNL CO. / Circles/ SSA of BSNL] at
the venue (address is given in clause 15.2 (a) above). The purchaser shall not be
responsible if the bids are delivered elsewhere.
26
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
h) Venue of Tender Opening:
In case of Tenders invited by MMT section of BSNL, C.O., tenders will be opened in
Meeting Room, 2nd Floor, Bharat Sanchar Bhawan, Janpath, New Delhi-110001 at
specified time & date as stated in NIT.
16.1 Bids must be submitted by the bidders on or before the specified date & time indicated in
Clause 6 of Section-I i.e. DNIT.
16.2 The Purchaser may, at its discretion, extend this deadline for the submission of bids by
amending the Bid Documents in accordance with clause 6 in which case all rights and
obligations of the purchaser and bidders previously subject to the deadline will thereafter
be subjected to the extended deadline.
16.3 The bidder shall submit its bid offer against a set of bid documents purchased by him for
all or some of the systems/ equipment as per requirement of the Bid Documents. He may
include alternate offer, if permissible as per the bid. However, not more than one
independent and complete offer shall be permitted from the bidder.
No bid shall be accepted online by the Electronic Tender System® (ETS) after the
specified deadline for submission of bids prescribed by the purchaser.
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 as per clause 15.
18.3 No bid shall be allowed for modification subsequent to the deadline for submission of bids.
27
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
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.
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
i. In Single stage bidding & two envelopes system; the bids will be opened in 2 stages
i.e. the techno-commercial bid shall be opened on the date of tender opening given
in NIT. The financial bid will not be opened on the Date of opening of techno
commercial bids in this case & sealed financial bids will be handed over to DGM (MMT),
BSNL, CO./ Other section in BSNL, CO./ ‘MM’ cell in circle/ SSA offices (as applicable)
for retention.
ii. Thereafter the CET will evaluate Techno-commercial bids & the report of CET will be
approved by competent authority. The financial bids of those bidders who are
approved to be techno-commercially compliant by the competent authority, will be
opened by TOC in front of techno commercially eligible bidders/ authorized
representatives by sending them a suitable notice.
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.
20.1 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 document 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 the stipulated
time period. In case of non-compliance to such queries, the bid will be out rightly rejected
without entertaining any further correspondence in this regard.
21.1 Purchaser shall evaluate the bids to determine whether they are complete, whether any
computational errors have been made, whether required sureties have been furnished,
whether the documents have been properly signed and whether the bids are generally in
order.
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.
28
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
21.3 In case items with same nomenclature for the same capacity is quoted with different price
in the Price Schedule/SoR, the lowest among the items same nomenclature shall be paid
for all such items.
21.4 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.
21.5 Prior to the detailed evaluation pursuant to clause 22, the Purchaser will determine the
substantial responsiveness of each bid to the Bid Document. For purposes of these
clauses, a substantially responsive bid is one which confirms to all the terms and
conditions of the Bid Documents without material deviations. The purchaser's
determination of bid's responsiveness shall be based on the contents of the bid itself
without recourse to extrinsic evidence.
21.6 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.
21.7 The Purchaser may waive any minor infirmity or non-conformity or irregularity in a bid
which doesn't constitute a material deviation, provided such waiver doesn't prejudice or
affect the relative ranking of any bidder.
22.2 The evaluation and comparison of responsive bids shall be done on the basis of Net cost
to BSNL on the prices of the goods offered along with all applicable Taxes, packing
Forwarding Freight & Insurance charges etc. as arrived in Col. 16 of Price schedule in
Section 9 Part-B (Indigenous items) and Col 22 of Price schedule in Section 9 Part-B Part-
II (Imported items) of the Bid-document after arithmetical correction in the manner laid
down in clause 21.2 above but excluding taxes which are creditable to BSNL. Further, the
bidder is also required to mention the taxes(if any) applicable on the movement of Goods.
a) Duties, taxes & Cesses for which the firm has to furnish GST Challans / Tax Invoices
will be indicated separately in the PO / APO.
b) Suppliers should furnish the correct HSN / SAC classification /Customs tariff Head in
the price Schedule. If the credit for the Duties, Taxes and Cesses under provision/ rules
under GST law is found to be not admissible at any stage subsequently owing to wrong
furnishing of Tariff Head, then the suppliers will be liable to refund such non-admissible
amount, if already paid, along with penalty and interest if charged by the concerned
authority.
c) In case the Duties ,Taxes and Cesses which are not eligible for input tax credit as per
the quotes indicated in the price schedule by the suppliers and subsequently at any
stage it is found that Credit for such Duties ,Taxes and Cesses is admissible as per
provision of GST law, then the suppliers will be liable to refund the amount equivalent
of such Duties ,Taxes and Cesses if already paid to them provided the credit can be
claimed within the time prescribed under the applicable legislation and BSNL has all
documents to claim such credit. The refund is also subject to the bidder performing
necessary act for enabling BSNL to claim the credit viz. upload the information on GSTN.
However, the purchaser may allow the supplier to submit necessary documents in this
29
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
regard which may enable the purchaser to avail the input tax credit provided such
credit is still available for the amount so paid as per provision of GST law.
d) The purchaser reserves the right to ask the bidders to submit documentary proof
confirming the correct HSN or SAC classification/ Customs Tariff Head from the
CGST/SGST/IGST officer where the HSN or SAC classification/ furnished against the
particular tendered item by different bidders, differs from each other or the same is
found apparently not furnished in accordance with GST Act/Customs Tariff notifications.
e) If the supplier fails to furnish necessary supporting documents i.e. Tax invoices / etc.
in respect of the Duties, Taxes and Cesses which are eligible for input tax credit, the
amount pertaining to such Duties, Taxes and Cesses will be deducted from the payment
due to the firm
f) If the supplier fails to perform necessary compliances which would any manner restrict
BSNL to claim input tax credit, then the amount pertaining to such Duties, Taxes and
Cesses will be deducted from the payment due to the supplier.
g) If the supplier does not disclose the correct details on the invoice or on the GSTN viz.
GSTIN, Place of Supply, etc. which restricts BSNL to claim input tax credit, then the
amount pertaining to such Duties, Taxes and Cesses will be deducted from the payment
due to the supplier.
23.2 Any effort by a bidder to modify his bid or influence the purchaser in the purchaser’s bid
evaluation, bid comparison or contract award decision shall result in the rejection of the
bid.
24.1 The Purchaser 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 goods have been type approved/ validated by the purchaser. The
Purchaser reserves the right to counter offer price(s) against price(s) quoted by any
bidder.
24.2 The ordering price of any bidder shall not exceed the lowest evaluated package price.
However, at a later stage if there is any increase in Govt. duties/taxes within scheduled
delivery date (SDD), the unit prices with applicable revised duties/taxes will be paid to
suppliers irrespective of their ranking viz.L1/ L2/ L3 …..etc. keeping other levies & charges
unchanged.
25.1 BSNL reserves the right to increase or decrease up to 50% of the quantity of goods and
services specified in the schedule of requirements without any change in the unit price or
other terms and conditions at the time of award of APO.
25.2 BSNL also reserves the right for placement of additional order or up to 50% of the
additional quantities of goods and services contained in the running tender/ contract
within a period of twenty four months from the date of acceptance of first APO in the
tender at the same rate or a rate negotiated (downwardly) with the existing venders
considering the reasonability of rates based on prevailing market conditions and the
30
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
impact of reduction in duties and taxes etc and supplies to be obtained within delivery
period scheduled afresh.
26. PURCHASER’S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS
The Purchaser 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.
27.1 The issue of an Advance Purchase Order shall constitute the intention of the Purchaser to
enter into contract with the bidder.
27.2 The bidder shall within 14 days of issue of the advance purchase order, give its acceptance
along with performance security in conformity with the proforma provided with the bid
document at Section-7B.
28.1 The issue of Purchase order shall constitute the award of contract on the bidder.
28.2 Upon the successful bidder furnishing performance security pursuant to clause 27, the
Purchaser shall discharge the bid security in pursuant to clause 12, except in case of L-1
bidder, whose EMBG/ EMD shall be released only after finalization of ordering of complete
tendered quantity in pursuance to clause no. 24 & 27 of this section.
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.
The supplier shall have Quality Management System supported and evidenced by the
following:
a) A Quality Policy.
31
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
requirements and for interfacing with purchaser in the matters of Quality.
(e) System to calibrate and maintain required measuring and test equipment.
(f) System for tracing the cause for non-conformance (traceability) and segregating
product which don't conform to specifications.
(j) A 'Quality Manual' detailing the above Or infrastructure assessment certificate and
Type Approval Certificate (TAC)/ Technical Specifications Evaluation Certificate
(TSEC) issued by "QA Circle" shall be furnished.
31.1 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.
e. Section-9 Price Schedule: Prices are not filled in as prescribed in price schedule.
"Discount, if any, offered by the bidder shall not be considered unless specifically
indicated in the price schedule. Bidders desiring to offer discount shall therefore
modify their offer suitably while quoting and shall quote clearly net price taking all
such factors like Discount, free supply etc. into account”
32
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
31.2 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.
31.3 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.
31.4 The in-charge of Bid opening team will mention the number of bids with the name of the
company found unsuitable for further processing on the date of tender opening and
number of representations received in Bid opening Minutes and if Bid opening team is
satisfied with the argument of the bidder/company mentioned in their representation and
feel that there is prima-facie fact for consideration, the in-charge of the bid opening team
will submit the case for review to Officer competent to approve the tender as early as
possible preferably on next working day and decision to this effect should be
communicated to the bidder company within a week positively. Bids found liable for
rejection and kept preserved on the date of tender opening will be returned to the bidders
after issue of P.O. against the instant tender.
31.5 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.
33.1 The bidder should give a certificate that none of his/her near relative is working in the
units as defined below 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. In case of Limited Company, certificate will be given 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
33
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
noticed and BSNL will not pay any damage to the company or firm or the concerned
person.
33.2 The company or firm or the person will also be debarred for further participation in the
concerned unit.
33.3 The near relatives for this purpose are defined as:-
(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).
34.1 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.
34.2 A successful bidder shall have to furnish originals of all documents of their eligibility
criteria documents (submitted with bid) for verification by BSNL and issue of PO shall be
subject to satisfactory verification.
34.3 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.
34
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
Appendix-1 to Section 4 Part A
S.
Defaults of the bidder / vendor. Action to be taken
No.
A B C
Note :- Payment for already received supplies/ completed work shall be made as
per terms & conditions of PO/ WO.
35
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
invited by BSNL for upto three years from
date of issue of banning order.
i) Cancellation of APO,
ii)Rejection of Bid &
iii) Forfeiture of EMD.
(ii) If detection of default after
iv) Banning of business for upto three years
issue of APO but before receipt of which implies Barring further dealing with the
PG/ SD (DD,BG etc.)
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
i)Cancellation of APO
ii)Rejection of Bid &
iii)Forfeiture of PG/ SD.
However on realization of PG/ SD amount,
EMD, if not already released shall be returned.
(iii) If detection of default after
receipt of PG/ SD (DD,BG etc.) . 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.
36
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
If vendor or his representative uses
violent/ coercive means viz. Physical /
Verbal means to threatens BSNL
Executive / employees and/ or
obstruct him from functioning in
discharge of his duties &
responsibilities for the following :
A B C
37
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
5.1 The supplied equipment does not i) If the material is not at all acceptable,
perform satisfactory in the field in then return the non-acceptable material (or
accordance with the specifications its part) & recover its cost, if paid, from the
mentioned in the PO/ WO/Contract. o/s bills/ PG/ SD.
OR
A B C
5.2 Major quality problems (as i) If the material is not at all acceptable,
established by a joint team / then return the non-acceptable material (or
committee of User unit(s) and QA its part) & recover its cost, if paid, from the
Circle) / performance problems and o/s bills/ PG/ SD;
non-rectification of defects (based OR
on reports of field units and QA ii) If the material is inducted in network &
circle). 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)and undertake recovery of
financial penalty from outstanding dues of
vendor including PG/ SD;
and
iii) Withdrawal of TSEC/ IA issued by QA
Circle.
38
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
c) for unit rate and/ or amount of recovery of over payment in full,
higher than that approved by BSNL whichever is later.
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.
A B C
39
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
8 If the vendor is declared bankrupt or i) Termination/ Short Closure of the PO/
insolvent or its financial position has WO.
become unsound and in case of a ii) Settle bills for the quantity received
limited company, if it is wound up or it in correct quantity and quality if pending
is liquidated. items do not affect working or use of
supplied items.
iii) No further supplies are to be
accepted except that required to make
the already supplied 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.
A B C
9 In the event of the vendor, its i) Termination/ Short Closure of the PO/
proprietor, Director(s), partner(s) WO.
is / are convicted by a Court of Law ii) Settle bills for the material received in
following prosecution for offences correct quantity and quality if pending
involving moral turpitude in items do not affect working or use of
relation to the business dealings. 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).
40
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
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.
12 The following cases may also be i) Banning of business for 3 years which
considered for Banning of business: implies Barring further dealing with the
41
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
(a) If there is strong justification for vendor for procurement of Goods &
believing that the proprietor, Services including participation in future
manager, MD, Director, partner, tenders invited by BSNL for 3 years from
employee or representative of the date of issue of banning order.
vendor/ supplier has been guilty of
malpractices such as bribery,
corruption, fraud, substitution of
tenders, interpolation,
misrepresentation with respect to
the contract in question.
Note 7: The above penalties will be imposed provided it does not clash with the provision
of the respective tender.
Note 8:-In case of clash between any other guidelines & provision of invited tender, the
above provisions shall prevail over those other guidelines.
Note 9: Banning of Business dealing order shall not have any effect on the existing/
ongoing works/ AMC / CAMC which will continue along with settlement of Bills.
42
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
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.
1.1 Purchaser reserves the right for providing Preference to Make in India products in
accordance with Department of Promotion of Industry and Internal Trade, Ministry of
Commerce and Industry letter no. P-45021/2/2017-PP(BE-II) dated 16 th Sept, 2020
[Public Procurement (Preference to Make in India), Order 2017- Revision] along with
relevant references from earlier letters, DPIIT Order No. P-45021/2/2017-B.E.-II dated
04-06-2020, dated 15-06-2017, Order dated 28-05-2018, Order Dated 29-05-2019 etc
along with latest guidelines & amendments, if any. Ministry of Finance, Department of
Expenditure F. No. 6/18/2019-PPD dated 23rd July, 2020 along with relevant letters/
amendments (if any) shall also be applicable.
a) The ‘Class-I local supplier’ at the time of tender, bidding or solicitation shall be required
to indicate percentage of local content and provide self-certification that the item offered
meets the local content requirement for Class-I local supplier, as the case may be. They
shall also give details of the location(s) at which the local value addition is made.
b) The 'Class-I local supplier’ shall be required to provide a certificate from the statutory
auditor or cost auditor of the company (in the case of companies) or from a practicing
cost accountant or practicing chartered accountant (in respect of suppliers other than
companies) giving the percentage of local content.
c) False declarations will be in breach of the Code of Integrity under Rule 175(1)(i)(h) of the
General Financial Rules for which a bidder or its successors can be debarred for up to two
years as per Rule 151 (iii) of the General Financial Rules along with such other actions as
may be permissible under law.
d) A supplier who has been debarred by any procuring entity for violation of this Order shall
not be eligible for preference under this Order for procurement by any other procuring
entity for the duration of the debarment. The debarment for such other procuring entities
shall take effect prospectively from the date on which it comes to the notice of other
procurement entities.
2. Restrictions under Rule 144 (xi) of the General Financial Rules (GFRs), 2017]:
2.1 Any bidder from a country which shares a land border with India shall be eligible to bid
in this tender only if the bidder is registered with the Competent Authority. Any OEM from
a country which shares a land border with India will be eligible to participate as OEM in
this tender only if the OEM is registered with the Competent Authority.
43
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
3. Tender Evaluation
3.1 The evaluation methodology is as per Section-4 Part A clause-21 & 22 of the Tender
Document. Further, the Bid shall be evaluated as a package quoted by the Bidders for
various equipment, services etc.
3.2 Financial bids of all bidders shall be evaluated after opening of financial bids and then
whosoever quotes lowest will be lowest evaluated bidder i.e. L-1 bidder.
3.3 The price of various components detailed in the SoR shall be evaluated. All those items
which respective Bidders consider essential for functioning of ONT and have not been
indicated in SOR items shall be quoted by the bidder under the heading “any other item”
in the price schedule. It is the responsibility of Bidder to indicate the quantities to be
ordered for the project execution and it shall also form part of evaluation of total package
4. Deleted
5. Loading
5.1 In case any item is not quoted by a Bidder mentioned in the SOR of the tender document
or the price of any item is not available in its own bid, then the bid shall be loaded by the
highest price quoted by any of the bidders for that item. The loaded item shall be supplied
at lowest cost quoted by any of the bidder.
5.2 Cases in which the bidder has quoted for less quantity for any of the items than indicated
in the SoR of the tender document, then the price bid shall be loaded to the extent of the
difference in quantity of the item to meet the full requirement of the SoR on a pro-rata
basis for the purpose of evaluation & ordering.
5.3 No de-loading of the bid is envisaged, if the quoted quantity in the bid is higher than
that requested in the tender for the purpose of evaluation.
5.4 Offer to the L1 bidder(s) after correcting the arithmetical errors and effecting change in
unit prices due to loading shall not tantamount to counter offer. If not accepted by the
bidder, then he/ she shall be liable to be barred from participating in future tenders/
EOIs/ RFPs of BSNL for a period of two years.
6. Distribution of quantity:
6.1 Among all technically qualified bids, the lowest evaluated price will be termed as L1 and
the rest of the bids shall be ranked in ascending order of evaluated price, as L2, L3, L4
and so on.
6.2 The quantity shall be divided in a 70:30 ratio between the L1 and L2 bidders
6.3 25% quantity is reserved for procurement from MSEs including SC/ST & women owned
MSEs, quoting within 15% of L-1 rates as per Public Procurement Policy Order 2012 for
MSEs. For this quantity, only the lowest quoting MSE shall be considered.
44
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
have to submit declaration in respect of Local Content (LC) in Form-1, duly certified by
Cost Accountant/ Cost auditor. Clarifications issued by DPIIT w.r.t. exclusion of cost of
services quoted in bid for the purpose of calculation of LC, shall be followed.
7. Minimum quantity to be quoted: Bidder shall have to quote for the 100% of the tendered
quantity.
45
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
SECTION – 4 PART C
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
1.1 Bidders are required to enrol 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 Enrolment” on the CPP Portal which is free of charge.
1.2 As part of the enrolment process, the bidders will be required to choose a unique username
and assign a password for their accounts.
1.3 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.
1.4 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 / nCode / eMudhra etc.), with their profile.
1.5 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.
1.6 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
3. PREPARATION OF BIDS
3.1 Bidder should take into account any corrigendum published on the tender document before
submitting their bids.
3.2 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.
3.3 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
46
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
reducing size of the scanned document.
3.4 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, audit or 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
4.1 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.
4.2 The bidder has to digitally sign and upload the required bid documents one by one as
indicated in the tender document.
4.3 Bidder has to select the payment option as “offline” to pay the tender fee / EMD ,as
applicable and enter details of the instrument.
4.4 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.
4.5 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 the BoQ file is found to be modified by the bidder, the bid will
be rejected.
4.6 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.
4.7 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.
4.8 The uploaded tender documents become readable only after the tender opening by the
authorized bid openers.
4.9 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 and
47
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
a bid summary will be displayed with the bid no. and the date & time of submission of
the bid with all other relevant details.
4.10 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
5.1 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.
5.2 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
Technical – [email protected]
For any technical related queries please call at NIC Help Desk Number (between
Monday to Friday, 9 AM to 5 PM)
48
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
Section 5 part A
1. APPLICATION
The General Conditions of Contracts provide the terms and conditions applicable to the
Supplier for the supply of Goods and the provision of Services.
2. STANDARDS
The Goods and Services supplied under the Contract shall conform to the standards
prescribed in the Technical Specifications mentioned in Section-3.
3. PATENT RIGHTS
The Supplier shall indemnify the Purchaser against all third-party claims of infringement
of patent, trademark or industrial design rights arising from use of the Goods and/or
Services or any part thereof supplied under the contract.
4. PERFORMANCE SECURITY
4.1 All suppliers shall furnish performance security to the purchaser for an amount equal to
3% of the value of Advance Purchase Order (APO) within 14 days from the date of issue
of Advance Purchase Order by the Purchaser.
4.2 Without prejudice to its rights of any other remedy, BSNL shall en-cash/forfeit the PBG
in case of any breach of terms and conditions of the Agreement ‘or’ in case of failure to
provide the ONTs and associated services as per the agreed schedule & parameters ‘or’
failure to comply with the content related laws including IPR/copy rights on the part of
the bidder ‘or’ in case of loss or damage caused to or would be caused to or suffered by
BSNL by reason of breach ‘or’ renewal of PBG.
4.3 The performance security Bond shall be in the form of Bank Guarantee issued by a
scheduled Bank or Insurance Surety Bond issued by Indian Insurance Companies and
in the proforma provided in 'Section-7 B of this Bid Document valid for period of 6
years. Performance Security may also be furnished in form of DD/RTGS as per Bank
details provided in Section-1 of this 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.
4.6 Above PBG/ Insurance Surety Bond will be in favour of DGM (MMP) BSNL Corporate
Office”.
49
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
numbers, official seal with designation/ signature, Telephone Number/Email Id (Email
Id is mandatory).
5.1 The Purchaser or its representative shall have the right to inspect and test the goods as
per prescribed test schedules for their conformity to the specifications. Where the
Purchaser decides to conduct such tests on the premises of the supplier or its
subcontractor(s), all reasonable facilities and assistance like Testing instruments and
other test gadgets including access to drawings and production data shall be furnished
to the inspectors at no charge to the purchaser.
5.2 Should any inspected or tested goods fail to conform to the specifications the purchaser
may reject them and the supplier shall either replace the rejected goods or make all
alterations necessary to meet Specification / requirements free of cost to the purchaser.
5.3 Notwithstanding the pre-supply tests and inspections prescribed in clause 5.1 & 5.2
above, the equipment and accessories on receipt in the Purchaser's premises will also
be tested during and after installation before "take over" and if any equipment or part
thereof is found defective, the same shall be replaced free of all cost to the purchaser
as laid down in clause 5.4 below.
5.4 If any equipment or any part thereof, before it is taken over under clause 5.5, is found
defective or fails to fulfill the requirements of the contract, the inspector shall give the
Supplier notice setting forth details of such defects or failure and the supplier shall make
the defective equipment good, or alter the same to make it comply with the
requirements of the contract forthwith and in any case within a period not exceeding
three months of the initial report. These replacements shall be made by the supplier
free of all charges at site. Should it fail to do so within this time, the purchaser reserves
the discretion to reject and replace at the cost of the supplier the whole or any portion
of equipment as the case may be, which is defective or fails to fulfill the requirements
of the contract. The cost of any such replacement made by the purchaser shall be
deducted from the amount payable to the supplier.
5.5 When the performance tests called for have been successfully carried out, the inspector
/ ultimate consignee will forthwith issue a Taking Over Certificate. The inspector
/ultimate consignee shall not delay the issue of any "taking Over Certificate"
contemplated by this clause on account of minor defects in the equipment which do not
materially affect the commercial use thereof provided that the supplier shall undertake
to make good the same in a time period not exceeding six months. The Taking Over
Certificate shall be issued by the ultimate consignee within six weeks of successful
completion of tests. In this case, BCPC (Bills Copy Payable Challan) shall be equivalent
to "Taking Over Certificate", issuance of which shall certify receipt of goods in safe and
sound condition. However, they shall not discharge the supplier of their warranty
obligation. BCPC in respect of last consignment against the purchase order will be
equivalent to "Taking Over Certificate".
5.6 Nothing in clause 5 shall in any way release the Supplier from any warranty or other
obligations under this contract.
6.1 Delivery of the goods and documents shall be made by the supplier in accordance with
the terms specified by the purchaser in its schedule of requirements and special
50
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
conditions of contracts, and the goods shall remain at the risk of the supplier until
delivery has been completed. The delivery of the equipment shall be to the ultimate
consignee as given in the purchase order.
6.2 The delivery of the goods and documents shall be completed within time frame stated
in Section-2 (Tender information).
6.3 All Technical assistance for installation, commissioning and monitoring of the equipment
shall be provided by the Supplier at no extra cost during laboratory evaluation,
validation/ type approval and field trial, if any.
6.4 The extension of delivery period against the purchase order, if any, should be granted
subject to the condition that BSNL shall have the absolute right to revise the price(s)
and also to levy penalty for the delayed supplies.
8. INCIDENTAL SERVICES
The Supplier may be required to provide any or all of the following Services:
9. SPARES
9.1 The Supplier shall be required to provide a list of spares that would be required for
satisfactorily maintaining the network along with the quantity. The cost of these spare
cards shall be available in the detailed priced BoM submitted as part of the bid. In case
price of any of the spares is not quoted by the bidder in the detailed priced BoM, then,
should there be any need, BSNL will be free to work out the price of such spare based
on the finalized price of the equipment, on its own and such price worked out will be
final and binding on the supplier.
9.2 Such spare parts as the Purchaser may elect to purchase from the Supplier provided
that such purchase shall not relieve the Supplier of any warranty obligation under the
Contract.
(i) In the event of termination of production of the spare parts, the Supplier shall give
advance notification to the Purchaser pending termination (not less than 2 years),
in sufficient time to enable the Purchaser to procure life time spare and following
such advance intimation of termination, furnish at no cost to the Purchaser, the
blue prints, drawings and specifications of spare parts, if and when requested.
10. WARRANTY
10.1 The Supplier/Bidder shall warrant that all supplies under the scope of the Contract shall
be new and free from all defects and faults in materials used, workmanship and
manufacture and shall be of the highest grade and consistent with the established and
generally accepted standards for materials of the type ordered and shall perform in full
51
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
conformity with the specifications and drawings. The Supplier shall be responsible for
any defect that may develop under the conditions provided by the Contract and under
proper use, arising from faulty material, design or workmanship such as corrosion of
the equipment, inadequate quantity of material to meet equipment requirements,
inadequate contact protection, deficiencies in circuit design and/or otherwise and shall
remedy such defects at his own cost when called upon to do so by the Purchaser
who shall state in writing in what respect the stores are faulty. This warranty shall
survive inspection or payment for / and acceptance of goods, but shall expire (except in
respect of complaints notified prior to such date) twenty four months from the date of
supplies.
10.2 If it becomes necessary for the Supplier to replace or renew any defective portion(s) of
the Equipment under this clause, the provisions of the Clause 10.1 shall apply to the
portion(s) of the equipment so replaced or renewed or until the end of the above
mentioned period of twenty four months, whichever may be later. If any defect is not
remedied by the Supplier within a reasonable time, the Purchaser may proceed to get
the defects remedied from other supplier etc., at the Supplier’s risk and expenses, but
without prejudice to any other rights which the Purchaser may have against the Supplier
in respect of such defects.
10.3 Replacement under warranty clause shall be made by the Supplier free of all charges at
the site designated by the Purchaser including freight, insurance and other incidental
charges.
11.1 Payment of specified percentage of the price as stated in clause 5 of Section -2 (Tender
Information) shall be made on receipt of goods by consignee. For claiming this payment
the following documents are to be submitted to the paying authority.
a) Invoice clearly indicating break up details of composite price i.e. Basic, Goods and
Services Tax (GST), any other Duties and Taxes, Freight/Packing Charges, etc.
b) Acknowledged Delivery Challan in original.
c) Inspection Certificate of QA(Payable copy in original)
d) Consignee receipt
e) The sea freight receipt as per the rates approved by the Ministry of Water and
Surface Transport, if applicable.
f) E-way bill as prescribed in the GST law in case of movement of goods
g) Proof of payment of GST, if applicable.
h) Timely uploading of correct and necessary information on GSTN portal is mandatory
as prescribed in GST compliances.
Note :-
1) If the supplier fails to furnish necessary supporting documents i.e. GST invoice /
Customs invoices etc. and also fails to upload the information on GSTN in respect of the
Duties/taxes for which input tax credit is available, the amount pertaining to such
Duties/Taxes will be deducted from the payment due to the supplier.
2) Tax amount will be paid to the supplier only after supplier declares the details of the
invoices in its return in GSTR-1 and GSTR-3 uploaded by the supplier and the same is
reflected in GSTR-2A of BSNL on GSTN portal.
3) TDS/ TCS shall be deducted at the prescribed rate, if any (as the case may be).
4) BSNL can adjust/ forfeit Bank Guarantee obtained from the supplier against any loss
of input tax credit to BSNL on account of supplier's default.
52
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
5) In case BSNL has to pay GST on reverse charge basis, the supplier would not charge
GST on its invoices. Further, the supplier undertakes to comply with the provisions of
GST law as may be applicable.
11.2 Necessary declaration, statutory forms (if any) shall be provided by BSNL to avail
concessional rate of tax wherever applicable on the request of the bidder as and when
asked for.
11.3 No payment will be made for goods rejected at the site on testing.
11.4 The bidder has to give the mandate for receiving payment costing Rs.5 lakhs and above
electronically and the charges, if any, levied by bank has to be borne by the bidder/
contractor/supplier. The bidder company is required to give the following information
for this purpose:-
(a) Beneficiary Bank Name:
(b) Beneficiary branch Name:
(c) IFSC code of beneficiary Branch:
(d) Beneficiary account No.:
(e) Branch Serial No. (MICR No.):
12. PRICES
12.1 Prices charged by the supplier for goods delivered and services performed under the
contract shall not be higher than the prices quoted by the Supplier in its Bid except for
variation caused by change in taxes/ duties as specified in Clause-12.2 mentioned
below.
12.2 For changes in taxes/ duties during the scheduled delivery period, the unit price shall
be regulated as under:
(a) Prices will be fixed at the time of issue of purchase order as per taxes and statutory
duties applicable at that time
(b) In case of reduction of taxes and other statutory duties during the scheduled delivery
period, purchaser shall take the benefit of decrease in these taxes/ duties for the
supplies made from the date of enactment of revised duties/taxes.
(c) In case of increase in duties/taxes during the scheduled delivery period, the
purchaser shall revise the prices as per new duties/ taxes for the supplies, to be
made during the remaining delivery period as per terms and conditions of the
purchase order.
12.3 Any increase in taxes and other statutory duties/ levies, after the expiry of the delivery
date shall be to the supplier's account. However, benefit of any decrease in these
taxes/duties shall be passed on to the Purchaser by the supplier. The total price is to be
adjusted (by reducing the basic price) with increased duties and taxes as per price
mentioned in PO.
13.1 The Purchaser may, at any time, by a written order given to a Supplier, make changes
within the general scope of the Contract in any one or more of the following:
53
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
(a) Drawings, designs or specifications, where goods to be supplied under the Contract
are to be specifically manufactured for the Purchaser;
(b) the method of transportation or packing;
(c) the place of delivery; or
(d) The services to be provided by the Supplier.
13.2 If any such change causes an increase or decrease in the cost and quantity of, or the
time required for the execution of the Contract an equitable adjustment shall be made
in the Contract Price or delivery schedule, or both, and the Contract shall accordingly be
amended. Any proposal by the Supplier for adjustment under this clause must be made
within thirty days from the date of the receipt of the change in order.
14. SUBCONTRACTS
The Supplier shall notify the Purchaser in writing of all subcontracts awarded under this
Contract if not already specified in his Bid. Such notification, in his original bid or later
shall not relieve the Supplier from any liability or obligation under the Contract.
15.1 Delivery of the Goods and performance of the services shall be made by the Supplier in
accordance with the time schedule specified by the purchaser in its purchase order. In
case the supply is not completed in the stipulated delivery period, as indicated in the
Purchase Order, purchaser reserves the right to short-close/ cancel this purchase order
and/ or recover liquidated damage charges. The cancellation/ short-closing of the order
shall be at the risk and responsibility of the supplier and purchaser reserves the right to
purchase balance unsupplied item at the risk and cost of the defaulting vendors.
15.2 Delay by the Supplier in the performance of its delivery obligations shall render the
Supplier liable to any or all of the following sanctions:
(a) forfeiture of its performance security,
(b) imposition of liquidated damages, and/ or
(c) Short closure of the contract in part or full and/ or termination of the contract for
default.
15.3 If at any time during the performance of the contract, the supplier encounters condition
impending timely delivery of the goods and performance of service, the supplier shall:
(a) Promptly notify to the Purchaser in writing the fact of the delay, its likely duration
and its cause(s). As soon as practicable after receipt of the supplier's notice, the
purchaser shall evaluate the situation and may at its discretion extend the period
for performance of the contract as per provisions of clause 16.2 Section-5A as per
provision given below :
(b) The vendor has to submit their request for extension along with the undertaking as
per clause 24 Section-5A (Fall Clause) and a copy of QA inspection certificate at
least two weeks before the expiry of delivery period. The vendor shall also submit
unconditional acceptance of the conditions for delivery period extension i.e.
applicability of liquidated damages, prices to be provisional and to be regulated as
per clauses 12.3 and 24 of section-5A and submission of additional BG, wherever
54
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
applicable. The decision regarding extension shall be communicated within two
weeks of the receipt of request and after receipt of the unconditional acceptance
and the undertaking mentioned above.
(c) In case extension is being granted beyond 20 weeks then the vendor shall submit
additional BG while seeking extension. For piecemeal items the amount of additional
BG shall be 5% of the value of balance quantity of items to be supplied for which
extension in delivery period has been sought. The additional BG shall be valid for
six months beyond extension of delivery period sought and shall be discharged after
the full ordered quantity has been supplied to the ultimate consignee within the last
extended delivery period on submission of inspection certificate from QA and
consignee receipt without prejudice to the other remedies available to the purchaser.
(d) If the vendor fails to deliver the full ordered quantity even during extended delivery
period then the PO shall be short-closed and the Performance Bank Guarantee as
well as additional BG shall be forfeited.
(e) Format of (i) letters conveying conditions of DP extension and (ii) DP extension letter
are at Section 7(D) & Section 7(E).
15.4 If the supplies are not completed in the extended delivery period, the purchase order
shall be short-closed and Performance securities shall be forfeited.
55
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
18. ACTION BY PURCHASER AGAINST BIDDER(S)/ VENDOR(S) IN CASE OF
DEFAULT.
18.1 In case of default by Bidder(s)/ Vendor(s) such as
(a) Failure to deliver and/ or commission any or all of the goods within the
time period(s) specified in the contract, or any extension thereof granted by the
purchaser pursuant to clause15 of this section;
(b) Failure to perform any other obligation(s) under the Contract; and
(c) Equipment does not perform satisfactory in the field in accordance with the
specifications;
(d) Or any other default whose complete list is enclosed in Appendix-1 of Section-4,
Part-A;
(e) Purchaser will take action as specified in Appendix-1 of Section-4, Part-A.
19. TAX INDEMNITY CLAUSE: BSNL has the right to recover Input Tax Credit loss suffered
by it due to any miss-declaration on invoice by the supplier.
20. ARBITRATION
20.1 Arbitration (Applicable in case of supply orders/Contracts with firms, other than Public
Sector Enterprise)(Not applicable in cases valuing less than Rs. 5 lakhs)
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:
(1) 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.
(2) The number of the arbitrators and the appointing authority will be as under:
56
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
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.
(2) The parties to the arbitration agreement, while agreeing for resolution of
dispute by fast track procedure, may agree that the arbitral tribunal shall consist
of a sole arbitrator who shall be chosen by the parties.
(3) The arbitral tribunal shall follow the following procedure while conducting
arbitration proceedings under sub-section (1):-
(a) The arbitral tribunal shall decide the dispute on the basis of written
pleadings, documents and submissions 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.
57
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
(4) The award under this section shall be made within a period of six months
from the date the arbitral tribunal enters upon the reference.
(5) If the award is not made within the period specified in sub-section (4), the
provisions of sub- sections (3) to (9) of Section 29 A shall apply to the
proceedings.
(6) The fees payable to the arbitrator and the manner of payment of the fees
shall be such as may be agreed between the arbitrator and the parties.
(7) The arbitral tribunal shall make and publish the award within time stipulated
as under:
Amount of Claims and Period for making and publishing of the award
Counter Claims (counted from the date the arbitral tribunal enters
upon the reference)
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.
(7) 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.
In case of sole arbitrator, BSNL shall make all necessary arrangements for his
travel/stay and the expenses incurred shall be shared equally by the parties.
(8) The Arbitration proceeding shall be held at New Delhi or Circle or SSA Headquarter
(as the case may be).
(9) 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.
20.2 In the event of any dispute or difference relating to interpretation and application of the
provisions of commercial contracts between Central Public Sector Enterprises (CPSEs)/
Port Trusts inter se and also between CPSEs and Government Departments/
Organizations (excluding disputes concerning Railways, Income Tax, Customs & Excise
Departments), such dispute or difference shall be taken up by either party for resolution
through AMRCD as mentioned in DPE OM No. 4(1)/2013(GM)/FTS-1835, dated
22.05.2018.).
20.2.1 Further, with regard to already signed/existing contracts, existing Arbitration clause for
sole arbitrator can be invoked in case the parties waive, subsequent to disputes having
58
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
arisen between them, the applicability of sub-section (5) of section 12 by an express
agreement in writing.
(a) The supply order for Goods ‘or’ Services, including all matters connected with this
supply order shall be governed by the Indian law both substantive and procedural,
for the time being in force and shall be subject to the exclusive jurisdiction of
Indian Courts at the place from where the Purchase Order has been placed.
(b) Foreign companies, operating in India or entering into Joint Ventures in India, shall
have to obey the law of land and there shall be no compromise or excuse for the
ignorance of the Indian legal system in any way.
In case of set off of the security deposit against any claim of the purchaser or BSNL or
such other person or person(s) for payment of a sum of money arising out of this contract
or under any other contract made by the supplier with the Purchaser or BSNL or such
other person(s) contracting through the BSNL, the GST on such set off will be borne by
the supplier.
GST would not be liable on security deposit. But if supplier set off the security deposit
against any claim of the purchaser or BSNL or such other person or person(s) for payment
of a sum of money arising out of this contract or under any other contract made by the
supplier with the Purchaser or BSNL or such other person(s) contracting through the
BSNL, then GST would be levied.”
59
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
(a) It comes to the notice of purchaser regarding reduction of price for the same or
similar equipment/ service;
and /or
(b) The prices received in a new tender for the same or similar equipment/ service
are less than the prices chargeable under the contract.
Then the purchaser, for the purpose of delivery period extension, if any, will determine
and intimate the new price, taking into account various related aspects such as quantity,
geographical location etc., and the date of its effect for the balance quantity/ service to
the vendor. In case the vendor does not accept the new price to be made applicable
during the extended delivery period and the date of its effect, the purchaser shall have
the right to terminate the contract without accepting any further supplies. This
termination of the contract shall be at the risk and responsibility of the supplier and the
purchaser reserves the right to purchase the balance unsupplied quantity/ service at the
risk and cost of the defaulting vendor besides considering the forfeiture of his performance
security.
25.3 The vendor while applying for extension of time for delivery of equipment/services, if any,
shall have to provide an undertaking as “We have not reduced the sale price, and/ or
offered to sell the same or similar equipment/ service to any person/organization
including Department of central/state Government or any central/state PSU at a price
lower than the price chargeable under the contract for scheduled delivery period.”
25.4 In case under taking as in Clause 23.3 is not applicable, the vendor will give the details
of prices, the name(s) of purchaser, quantity etc. to the purchaser, while applying
extension of delivery period.
60
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
27.4 It would be the responsibility of the supplier to declare correct information on invoice and
GSTN viz. the amount, the place of supply, rate of tax etc. In case, the eligibility of input
tax credit is questioned or denied to BSNL on account of default by the supplier, the same
would be recovered by BSNL from the supplier.
27.5 Registered location of the both the parties i.e. BSNL and supplier should be mentioned in
the agreement with GSTIN No. Further, supplier should raise invoices at the registered
premise of BSNL for availing of credit and ensure that the place of supply as per GST law
is same as registered premise
27.6 BSNL could at any time instruct the supplier to raise its invoices at a particular location
of BSNL
27.7 It is the responsibility of the supplier to ensure that place of supply and the GSTN of BSNL
are in the same state. If for any reason they are not in the same state, the supplier shall
intimate to BSNL and give adequate time before raising of the invoice.
27.8 E-waybill number should be mentioned on the invoices.
27.9 Supplier shall be responsible for timely issuance and delivery of invoice/ DN/ CN to enable
BSNL to claim tax benefit on or before the stipulated time period provided by the GST
law.
a) It is the responsibility of the supplier to ensure that outward supply return (GSTR-1)
would be filed correctly. If not, than cost would be borne by supplier.
b) Reporting of correct outward supply by supplier in the outward return (GSTR-1) is the
responsibility of the supplier. In case of mismatch because of supplier’s fault, prompt
amendments must be made by the supplier else supplier would be required to
indemnify BSNL of the loss of credit due to mis-match. The compliances to be adhered
by supplier includes (but is not limited to) the following:
i. Uploading appropriate invoice details on the GSTN within the stipulated time;
ii. Issuing GST compliant invoice / CN/ DN. PO issued by BSNL should be referred by
supplier for capturing information on the invoice.
iii. Supplier needs to pay the entire self-assessed tax on timely basis.
iv. Where invoice is not uploaded or incorrect upload of invoice detail of GSTN by supplier
then credit on such invoice will be given provisionally subject to matching. So,
acceptance of changes made by BSNL on GSTN on account of non-upload or incorrect
upload of invoice details on GSTN is to be submitted by supplier. Such changes w.r.t.
the mismatch are required to be accepted by supplier within the time limit prescribed
under the GST law. It should be noted that in case supplier does not accept such
changes within the time limit prescribed under GST law, the loss of input tax credit (if
any) would be recovered from the supplier. In case of mismatch because of Supplier's
fault, prompt amendments must be made by the supplier else supplier would be
required to indemnify BSNL for the losses of credit and interest paid due to mismatch.
v. Supplier to issue all necessary documentation and perform all necessary compliances
for BSNL to be eligible to claim the input tax credit of GST tax to them. In case BSNL
is unable to claim the input tax credit, the amount w.r.t. GST charged by the supplier
would be recovered from the supplier
vi. A self-declaration along with evidence that the bidder is not blacklisted by GST
authorities. In case supplier gets black listed during the tenure of BSNL contract, then
supplier must indemnify BSNL to ensure that no loss of input tax credit is borne by
BSNL due to default of supplier.
27.10 Refer Appendix-1 to Section 5 Part A for clause stating that all the details of supplier
(name, address, GSTN/ unregistered supplier, place of supply, SAC/ HSN code etc.) and
other mandatory details shall be mentioned on the invoice
61
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
27.11 Where the location agreed are more than one state, then separate invoice state wise to
claim input tax credit in a particular state (typically happens in a bill to-ship to scenario)
shall have to be submitted.
27.12 It shall be the responsibility of the supplier to mention State of place of supply of
goods/services in the invoice issued to BSNL
62
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
Appendix-1 to Section-5 Part-A
63
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
64
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
65
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
Section 5 part B
SPECIAL 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).
1.1 Bidder shall supply ONTs only from the OEM partners, declared in the bid.
1.2 The bidder shall support the solution and equipment’s for five years from the date of the
P.O. The bidder shall provide letter of support of the ONT confirming that they shall
support the items being proposed to be supplied by them for the next five years from the
date of the P.O.
1.3 Test & Repair facility: Minimum one service center to be made operational within 60
days from the PO by the Vendor. The Bidder shall have to set up atleast two (2) Service
center in India within 90 Days from the date of PO and Multiple Service center (Minimum
4) to be operational in 180 days of PO. A penalty of 0.5% will be levied and deducted
from each invoice claimed for the items supplied beyond the timelines as above and
without operationalizing the repair centers as specified in this clause.
This facility shall have to maintain spares for all components being offered and shall be
offered for minimum period of five years from the date the warranty starts.
1.4 Roadmap: Bidder should propose latest existing solutions/ technologies, at the time of
bid, that have a clear development roadmap for the next 5 years.
2. SOFTWARE
2.1 Software version of the equipment being supplied shall be latest & must be indicated.
2.2 All the latest Software Updates, Upgrades and /or Patches shall be implemented at no
extra cost to the Purchaser along with associated hardware and memory upgrade
necessary for maintaining the software, at each site for the entire period of Warranty and
AMC by selected Bidders. Acceptance Testing of the system shall be got done by the
Contractor through the authority designated by BSNL for all functions of all systems after
the implementation of Software Updates, Upgrades and Patches in each system. The
software/firmware upgradation shall be carried out through motive software.
2.3 All software quoted as part of solution shall be licensed for unlimited period.
2.4 Certified and licensed copies of the application software (Except Linux drivers), quoted if
any, shall be supplied. All software quoted as part of solution shall be licensed for
unlimited period.
2.5 “All software upgrades" and or patches shall be implemented free of cost at each site for
a period of 5 years w.e.f. date of supply by the respective bidders after TSEC Approval
and uploading can be done from NOC.
2.6 Wherever upgrades as per ITU-T / Security requirement are made available subsequently
they shall be supplied free of cost.
2.7 A certificate to the effect w.r.t clauses 2.1 to 2.6 may be submitted by the bidder.
2.8 The bidder shall indicate the type of software i.e. packaged or customized and quote the
prices accordingly in the price schedule. No change of category will be permissible
afterwards
66
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
3. TSEC APPROVAL
4.1 The bidder shall have the TSEC Certificate or should have applied for TSEC Approval to
QA Circle of BSNL (in QF 103 format) for the ONT for which he is bidding, at the time of
submission of Bids. Proof for the same shall be submitted along with the bids.
4.2 The QA unit of BSNL will carry out the infrastructure assessment as part of the TSEC
approval.
4.3 The bidder shall complete the TSEC tests and get the TSEC certificate before start of
supply. Field Trials with different make of OLTs shall be part of the TSEC Approvals.
4.4 Getting the TSEC Approvals is the responsibility of the successful bidders. In case the
bidder fails to get the TSEC Certificate, the APO & PO shall be cancelled. The Performance
Security submitted at the time of acceptance of the APO shall also be forfeited.
4. QUALITY ASSURANCE
4.5 The supply of equipment shall be accepted only after Quality Assurance tests are carried
out by Quality Assurance wing of BSNL as per prescribed schedule successfully.
4.6 The QA unit of BSNL while clearing the equipment/stores shall strictly adhere to the
package (ONT along with its accessories like power adaptor, installation CD, splitter, RJ11,
RJ45 cable etc. shall be treated as a package) discipline as described in Purchase Order.
4.7 Quality Manual: Bidder must have a sound and well documented Quality Framework. A
quality manual describing the prevailing QA system shall be submitted along with the bid,
which should include the details about the component quality assurance and quality
system practices, including data on critical components.
5. WARRANTY
5.1 The warranty of the ONT will be for 24 months from the last batch of supply of ONT
(received by BSNL) in a specific PO to the designated BSNL store.
5.2 During the warranty the bidder shall perform all the functions as enunciated under the
Repair Contract at no extra cost to the Purchaser. All the terms and conditions of Repair
Contract including penalty clauses hall be applicable during the period of warranty in case
of failure on part of supplier.
6. LIQUIDATED DAMAGES
6.1 Delay in supply of tendered item shall attract a penalty of 0.5% of value of delayed supply
per week upto six week of delay and thereafter a penalty of 1.5% of value of delayed
supply per week for the next 6 weeks.
6.2 In case of delay beyond 3 months, BSNL can purchase the item from the market at the
risk and cost of Bidder.
6.3 Total value of the LD shall be limited to a total of 12% of the respective PO Value.
6.4 BSNL reserves the right to float tender for meeting the requirement of ONT during the
currency of the contract in case the requirement is not met through bidder
6.5 Quantum of liquidated damages assessed and levied by the BSNL shall be final and not
challengeable by the Supplier.
7.1 Bidder shall provide the repair service for the supplied ONT for 3 years post warranty
period. Bidder shall provide replacement for the faulty ONT as per warranty conditions.
7.2 Bidder shall provide repair service for 3 Years after completion of two year of warranty
period. BSNL shall pay repair charges @20% per ONT of basic ONT cost (Without GST).
67
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
7.3 The terms and conditions for Repair Contract are given in Proforma (Section 5C), no
separate charges shall be paid for visit of engineers or attending to faults and repairs or
supply of spare parts.
7.4 The bidder shall, at the time of submitting the bid shall submit the proposal specifying
the fault control center location and how the bidder proposes to carry out repair. The
bidder shall also indicate what spares will be kept in different locations. The infrastructure
planned to be created by the bidder to fulfill his obligations under Repair Contract and his
action plan to deal with the various situations arising out of hardware and software faults
shall be clearly indicated.
7.5 The vendor shall stock atleast 2% spares in the repair center to meet the timelines
specified during period of Warranty and Repair Contract. The List of Spares planned to be
kept in the repair center shall be submitted with the bid. BSNL reserves right to inspect
and revise the list of spares region wise.
7.6 The selected bidder shall submit a bank guarantee against Repair Contract, valid for a
period of three and half years, two months before the ongoing date of expiry of the PBG
submitted against the PO. Purchaser reserves the right to forfeit the PBG if the BG against
Repair Contract is not submitted in time.
68
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
Section 5 C
This agreement is made on the ________ day of ______(year) to be effective from ___________
between M/s. Bharat Sanchar Nigam Limited, a company registered under the Companies Act
1956 having license to provide all types of services of Telegraph/Telephony and having its
registered office at 3rd Floor, Bharat Sanchar Bhawan, Janpath, Harish Chandra Mathur Lane,
New Delhi – 110001 (hereinafter called BSNL) of the ONE PART and ______________ a company
registered under the Companies Act 1956 and having its registered office at
_____________________ (hereinafter called SUPPLIER which expression shall unless repugnant
to the context, include its successors in business, legal representatives and administrators or
permitted assigns) of the OTHER PART.
WHEREAS, BSNL has placed purchase order on the SUPPLIER vide No. _________ dated
________ for supply, & Annual Maintenance of ONT against tender No._________,
dated_____________.
WHEREAS the SUPPLIER has made the offer to duly comply with all the provisions of the Bid
Document, including those pertaining to Post Warranty Repair Contract, after making himself
fully aware and understanding fully the implications of the terms and conditions and
specifications mentioned therein and which has been accepted by BSNL on the terms and
conditions mentioned hereafter and after ascertaining that the SUPPLIER is fully capable of
complying with the aforesaid terms of the Bid Document.
1.1 The agreement is for a period of 3 years after the expiry of warranty. Agreement shall
remain in force till_____________ and further extendable by two years on mutual
agreement.
1.2 Extension of this Agreement shall be negotiable for the term depending on the
performance of the Supplier during the period of the initial term.
2. In addition to complying with all the terms and conditions recorded in the Bid Document,
the Supplier hereby agrees and unequivocally undertakes to fully comply with all the
terms and conditions stipulated in this Agreement and without any deviation or
reservations of any kind.
3. Unless otherwise mentioned or appearing from the context, the Tender (Bid) Document
and any clarifications thereof and the purchase order shall form part and parcel of this
agreement, provided that in case of conflict or inconsistency on any issue relating to this
Agreement, the terms set out in the body of this agreement with schedules and Annexure
thereto shall prevail.
69
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
4.4 Upkeep and upgrade the software periodically for ensuring trouble free/ bug free /fault
free performance of the supplied ONT.
4.5 Provide API’s of systems supplied by it against the Purchase Order for sharing with other
HDM (Motive) or similar systems supplier for the purpose of integration.
4.6 Integrate ONT with the new OLT Models being inducted in the network.
5. Agreement signing authority from BSNL site is designated officer at respective circle head
quarter.
6.1 A PBG for CRC shall be 3% of the total value all the PO placed on a vendor. The CRC PBG
shall be submitted before signing of the CRC agreement. PBG for CRC is to remain valid
till completion of CRC period of 3 years plus six months i.e. 3.5 years.
or
The PBG of the value of 3% of the A.P.O. cost deposited at the time of issue of P.O., may
also be extended to cover CRC period.
6.2 The Performance Security against the A.P.O. will be released only after submission of PBG
against Repair Contract of the actual supplies made during first 3 years as well as
fulfillment of other obligations of Repair or P.O. which are pre-requisite for release of the
first PBG.
6.3 The purchaser shall have the absolute right to forfeit the Performance Guarantee, valid
at the time, for unsatisfactory performance of the SUPPLIER or for any non-compliance
of any of the conditions of this Agreement.
6.4 The Bank Guarantee shall be discharged after successful completion of SUPPLIER’s
performance obligations under the Agreement and subsequent extension if any or in the
event of any default in the execution of the Agreement by the SUPPLIER as per terms and
conditions of the Agreement; the Bank Guarantee shall be invoked either in part or in full.
7.1.1 The SUPPLIER shall have Technical Support & Service Centers (Minimum 4). The
SUPPLIER may set up more such centres to meet the criteria for fault restoration/faulty
unit repair times as mentioned in the Contract. The SUPPLIER shall furnish the names,
locations, complete postal address, Telephone numbers and FAX numbers of all Technical
Support & Service Centers at the time of signing this Agreement.
7.1.2 The SUPPLIER shall also provide the name of alternate contact person or Technical
Support & Service Center with address & telephone /FAX no. which may be contacted by
BSNL staff for support in case of no response/poor response from the designated
Technical Support & Service center. This, however, shall not preclude BSNL from imposing
the penalties, if any, as applicable as per the terms & conditions of this agreement.
7.1.3 Any change in Address, Phone number, FAX Number etc shall have to be intimated in
writing by the SUPPLIER to the concerned BA Head, Head of Circle and
CGM(BBNW),Bangalore at the earliest. If the station in charge of the BSNL station is
unable to report the faults to the normally assigned Technical Support & Service Center
70
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
due to the change of phone number etc. the fault will be reported (and the SUPPLIER
shall be responsible for rendering all the maintenance support services to the affected
station as per the terms and conditions of this Agreement.
7.2.1 The SUPPLIER shall ensure that all the Technical support & service centers are manned
by fully competent and responsible Engineers and are capable of giving all types of
necessary technical guidance/ assistance over phone to the respective Station in-charge
of BSNL for fast troubleshooting & rectification of faults.
7.2.2 The SUPPLIER shall also ensure that Technical support Centers are manned and are able
to provide service to BSNL round the clock, all the seven days of the week throughout
the year. The level of service provided to BSNL shall not go down during night time or
due to any day being holiday, or for any other reason.
7.2.3 The Technical support Centers shall collect the faulty ONT from central location in every
BA Headquarter and repair / replace them with good ones during the period of Contract.
7.2.4 Technical Support Center (s) shall also work as repair center(s) and it shall be responsible
for repairing the faulty ONT. Such repair Center shall also maintain a requisite minimum
stock of ONT, in order to keep the down time within limits as envisaged in this agreement.
The SUPPLIER shall be at liberty to distribute spares to the BA locations as deemed fit or
keep them at the designated Technical Support Centers
7.2.5 The Technical support Center shall regularly obtain feedback about the ONTs installed
from the BA In-charge of BSNL on monthly basis (or even more frequently) and maintain
a proper record of such feedback. These shall be made available to the technical experts
nominated by the SUPPLIER for analysis and such technical expert in turn shall give
adequate and proper guidelines / technical advice to the Station In-charge of BSNL for
taking necessary preventive measure for reducing the frequency of such faults and also
for preventing such faults from re-occurring. This shall, however, not absolve the
SUPPLIER from fulfilling his obligations under this agreement.
7.2.6 The SUPPLIER shall set up at least one repair center in each Zone within 6-months from
the date of purchase order, with the facilities for repair of all types of ONT supplied by it.
8.1 The faulty ONT shall be collected by the SUPPLIER from BA HQ/designated location in the
lot of min 5.
8.2 The SUPPLIER shall ensure that a minimum stock of 2% of ONT supplied in the network,
are maintained as spare stock. It will be at the option of the SUPPLIER either to maintain
the above spare stock of ONT at the Technical support Center or to distribute the spare
ONT over various circles where ONT are deployed, to meet his obligation under Contact.
8.3 The entire process of repair /replace of ONTs supplied shall be carried out through Web
portal designed by the vendor and acceptance tested by BSNL NOC within one month
from date of issue of APO.
71
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
9.1 The Vendor shall put in a place a web based portal (To be hosted in BSNL Premises on
BSNL supplied hardware or on cloud infrastructure to be arranged by BSNL)
9.2 In case of any fault, abnormality in the portal, the officer in-charge of the BSNL NOC will
immediately contact the designated Technical support Center of the SUPPLIER and give
information about the nature of fault over e-mail/Web portal.
9.3 The details of the faults reported shall be recorded in a prescribed format, called the
“FAULT – DOCKET”. Changes in the “FAULT – DOCKET” may be incorporated for better
reporting and recording reconciliation of the faults at BSNL NOC and also at Technical
support Centers of the SUPPLIER by mutual agreement and understanding, to best utilize
the Fault Docket facility or as and when such need is felt. To this end changes in fault
reporting procedures can also be incorporated.
9.4 The time of occurrence of fault in portal as recorded in the fault docket shall only be taken
into consideration for calculating the actual duration of faults.
9.5 Similarly, after rectification of fault after the time of restoration shall be recorded by BSNL
NOC in the On line web portal.
9.6 In case of any dispute arising regarding duration of fault etc, the Fault Docket as
maintained at the BSNL NOC shall be the guiding documents to be agreed by both parties.
9.7 The “Fault Docket” shall be filled with utmost care, giving all the details of the faults and
other information as prescribed in the Fault Docket
9.8 Technical instructions shall be given to the BSNL staff of the NOC over phone. If the fault
is restored by following the instructions given over phone, the BSNL NOC in charge will
close the Fault Docket after making suitable entries on the web portal and after satisfying
himself of the proper restoration of the fault.
9.9 The SUPPLIER shall also ensure visits of the expert and competent technical staff of the
SUPPLIER in case the fault is not rectified to the satisfaction of BSNL even after following
the telephonic instructions and advices.
9.10 The Supplier shall arrange for and ensure the immediate replacement of the faulty ONT
with the good ones as & when the BSNL BA intimate regarding the collection of faulty
ONTs from Designated BA Location. A suitable mechanism in the Web portal shall be
enabled by the vendor.
9.11 The supplier shall furnish the detailed guidelines for the ONT regarding the identification/
detection/ diagnosis of the faulty ONT at the time of supplying the ONT to BSNL sites.
The SUPPLIER shall supply one set of detailed guidelines per SSA for the ONT.
9.12 Each BSNL Circle , where ONT shall be deployed, shall UTILISE the records of ONT sent
for repair/ replacement (quantity sent/ time & date of sending/ date of receiving back,
etc.) from portal for payment purpose
10.1 BSNL shall pay repair charges of faulty ONTs @20% of basic equipment cost (GST extra)
per ONT.
10.2 Warranty of Repaired ONT: Supplier shall provide 6 months warranty of repaired ONTs
from the date of receipt of repaired ONT at BSNL sites.
10.3 BSNL shall pay repair charges @20% per ONT of basic ONT cost (Without FFPI & without
GST). BSNL shall not pay for faulty ONT going faulty more than upper limit of 10% of
supplied ONT under each PO. Beyond 10% the vendor shall provide the repair services at
his own cost.
72
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
10.4 BSNL shall not pay any charges in advance. Bills for repair shall be paid by BSNL at the
end of each quarter, after successful execution of the works under this Agreement
normally within 30 days of the receipt of the bills duly completed.
10.5 The nodal in-charge shall be certifying services in the ERP (SES) generated based on SVP
portal report. SVP portal report will be certified on monthly basis and will result in a
combined SES for billing period. Vendor is not required to enclose any such certificate in
addition due to SVP process. SVP has defined workflow and process for each activity.
Proper integration with docket data from vendor portal will result in a smooth process.
10.6 All payments shall be made by BSNL Circles based on the fault report received from the
Node in-charges of circles, after deducting penalties if any. For this purpose, BSNL shall
also designate nodal officers at the respective circle headquarters
10.7 BSNL reserves the right to adjust any over-payment of repair charges in any quarter, any
time during the period of repair contract.
10.8 After payment Concerned/ Circle shall communicate to Vendor about details of payment
with complete detail of invoice , penalty, TDS and net payment
10.9 If required BSNL may ask vendor to replace the plastic casing of the some of the ONT
when sent for repair at an additional cost of Rs 50 per ONT.
11. FORCE MAJEURE : Neither BSNL nor the SUPPLIER shall be liable to the other for any
delay in or failure of performance of their respective obligation under the agreement
caused by occurrences beyond the control of BSNL or the SUPPLIER including but not
limited to fire (including failure or reductions), acts of God,acts of the public enemy, war,
insurrections, riots, strikes, lockouts, sabotage, any law, status or ordinance, thereof of
any other local authority, or any compliance therewith or any other causes ,contingencies
of circumstances similar to the above. Either party shall promptly but not later than
twenty days thereafter notify the other of the commencement, and cessation of such
contingencies, and if such contingencies continue beyond three months. Both parties
agree upon the equitable solution for termination of this agreement or otherwise decide
the course of action to be adopted.
(a) The SUPPLIER shall arrange and ensure repair or replacement of the faulty ONT, to the
concerned site of BSNL within 15 days of collection of the faulty ONT from BSNL’s BA
locations in the circle. Thus the responsibility of collecting, repairing and sending back the
same to the respective BA location will be with the SUPPLIER.
(b) The 15 days’ time shall be calculated from the date of intimation (on web portal designed
by supplier) to the supplier for collection of the faulty ONT (min 5 in no) from the BSNL’s
BA locations to the date of receiving back of the repaired / replacement of the same at
the same BA Location
(c) If the supplier is unable to repair/replace the faulty ONT within 15 days, following penalty
shall be applicable
73
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
(d) The maximum penalty for reapir for one ONT shall be limited to the cost of the ONT. The
penalties indicated above are beyond the 15 days given for repair and transit.
(e) A system of collection of ONTs from BSNL BAs shall be worked out between BSNL and the
supplier within three months of the placement of Purchase Order in order to account for
the delay. Decision of BSNL as to how the system is designed shall be final.
(f) The penalty shall be deducted from the quarterly bills.
(g) Repair Not Possible Limit - Not more than 1% of the units sent for repair in 1st year of
AMC can be declared as RNP (Repair Not Possible) by the supplier. For the 2nd year of
AMC RNP can be max 1.5% and for 3rd Year of AMC RNP can be max 2% of the units sent
for repair
(h) If neither returned during the turnaround time period nor declared as RNP (Repair Not
Possible) within 60 days of its handing over to the designated courier/agency/center, an
amount equivalent to cost of ONT shall be levied from the supplier.
74
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
SECTION- 6 Part A
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
contract at the rates quoted by us in the TENDER form.
2. If I/ We fail to enter into the agreement & commence the contract in time the EMD/ SD
deposited by us will stand forfeited to the BSNL.
1. All the information, Documents, Photo copies of the Documents/ Certificates enclosed along
with the TENDER offer are correct.
2. If anything is found false and/or incorrect and/or reveals any suppression of fact at any time,
BSNL reserves the right to debar our tender offer/ cancel the LOA/ Purchase/ work order if
issued and forfeit the EMD/ SD pending with BSNL. In addition, BSNL may debar the Bidder
from participation in its future TENDERs.
3. No addition/ deletion /correction have been made in the terms & conditions of the
downloaded tender document, clarifications/ amendments, appearing on website, against
which our bid is being submitted.
Signature of Bidder
75
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
SECTION 6 PART B
NEAR RELATIONS CERTIFICATE
(Certificate to be given by the Bidder in respect of status of employment of his/ her near
relative (s) 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. 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.”
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, 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."
76
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
SECTION-6 Part C
Further, we undertake that we will also abide by all the requirements of cited OMs during the
entire contract period.
Signature
Designation in Company
Counter signed by Company Secretary / Legal Head of the Company with seal / stamp
77
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
SECTION- 7 (A)-I
78
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
5. We the Bank further agree with the BSNL that the BSNL shall have the fullest liberty
without our consent and without affecting in any manner our obligations hereunder to
vary any of the terms and conditions of the said Tender or to extend time of performance
by the said bidder(s) from time to time or to postpone for any time or from time to time
any of the powers exercisable by the BSNL against the said bidder(s) and to for bear or
enforce any of the terms and conditions relating to the said Tender 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 of omission on the part of the BSNL or any
indulgence by the BSNL to the said bidder(s) or by any such matter or thing whatsoever
which under the law relating to sureties would, but for this provision, have effect of so
relieving us.
6. Notwithstanding anything herein contained;
(a) The liability of the Bank under this guarantee is restricted to the “B. G. Amount” and
it will remain in force up to its Validity date specified above.
(b) The guarantee shall stand completely discharged and all rights of the BSNL under this
Guarantee shall be extinguished if no claim or demand is made on us in writing on or
before claim date being one year from end of validity period.
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. E-payment may be preferred. Accordingly, in case of E-payment to be made for BG
encashed, Bank shall transfer the amount to Bank account as intimated by BSNL to Bank
at that time through Bank Mandate.
9. This guarantee will not be discharged due to the change in the constitution of the Bank
or the Contractor(s)/ supplier(s)/Purchaser.
10. EMBG is signed by EMBG issuing Branch_________(Complete Address a/w
Static Email Id and Land Line No.). or
EMBG is signed by Branch ________________(Complete Address a/w Static Email Id and
Land Line No.) on behalf of EMBG issuing branch _________(Complete Address a/w Static
Email Id and Land Line No.) .
Strike whichever is not applicable.
11. 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.
12. All correspondence under the guarantee to be done with Branch
________________(Complete Address a/w Static Email Id and Land Line No.)
Place: ……………………………
Date: …………………………..
(Signature of the Two Bank Officers) & Rubber stamp of the bank
79
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
Section 7 (A)-II
2. We, the Surety, do hereby undertake to pay the amounts due and payable under this
Surety without any demur, merely on a demand from the BSNL stating that the amount
claimed is due by way of loss or damage caused to or would be caused to or suffered by
the BSNL by reason of breach by the said Principal of any of terms or conditions contained
in the said tender Agreement or by reason of the Principal’s failure to honour its bid
submitted to perform the said works. Any such demand made on the Surety shall be
conclusive as regards the amount due and payable by the Surety under this Surety where
the decision of the BSNL in these counts shall be final and binding on the Surety. However,
our liability under this Surety shall be restricted to an amount not exceeding the “Surety
Amount”.
3. We, the Surety, undertake to pay to the BSNL any money so demanded notwithstanding
any dispute or disputes raised by the Principal 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 Principal shall have no claim against us for making such
payment.
4. We the Surety, further agree that the Surety herein contained shall remain in full force and
effect during the period that would be taken for the performance of the said tender
agreement and that it shall continue to be enforceable till all the dues of the BSNL under
or by virtue of the said tender Agreement have been fully paid and its claims satisfied or
discharged or till BSNL Certifies that the terms and conditions of the said tender Agreement
have been fully and properly carried out by the said Principal and accordingly discharge
this Surety. Unless a demand or claim under this Surety is made on us in writing or before
80
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
the expiry of Validity date from the date hereof, we shall be discharged from all liability
under this Surety thereafter.
5. We the Surety further agree with the BSNL that the BSNL shall have the fullest liberty,
without our consent and without affecting in any manner our obligations hereunder, to vary
any of the terms and conditions of the said tender Agreement or to extend time of
performance by the said Principal from time to time or to postpone for any time or from
time to time, any of the powers exercisable by the BSNL against the said Principal and to
forbear or enforce any of the terms and conditions relating to the said tender agreement
and we shall not be relieved from our liability by reason of any such variation, or extension
being granted to the said Principal or for any forbearance, act or omission on the part of
the BSNL or any indulgence by the BSNL to the said Principal 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.
(b) The Surety shall stand completely discharged and all rights of the BSNL under this
Surety 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 Surety Bond, the same shall be paid
through Banker’s Cheque in favour of “AO (Cash) BSNL C.O. New Delhi” payable at
New Delhi or by any other mode such as NEFT/RTGS, etc., as indicated by BSNL in its
demand letter.
8. The Surety declares that the below mentioned officer who have signed it on behalf of the
Surety, have authority to give this Surety under its delegated power.
Place: ……………………………
Designation: ……………………………………
81
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
Telephone Numbers ……………………………..
Name, Address, Contact number and official Email ID of the Controlling Office of the Surety
Issuing Branch or any web portal link, from whom / where the Surety Bond can be got
confirmed by BSNL.
…………………………………..
………………………………….
………………………………….
………………………………….
82
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
Section 7(B)-I
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.
83
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
(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: ……………………………
84
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
Section 7(B)-II
Whereas ……………………….( e.g. AGM (MM) BSNL CO, Delhi R/o MM cell, Bharat Sanchar Bhawan,
Harish Chandra Mathura Lane, Janpath, New Delhi-110001)(hereafter referred to as BSNL) has
issued an APO/AWO no. …………………………………..Dated………………………awarding the work of
……………………………………………………………………………………………………………………………………… (the
“Agreement”)to M/s…………………………., R/o………………………………………………………. (hereafter referred
to as “Principal”) and BSNL has asked Principal to submit a performance guarantee in favour of
……………………… (e.g. DGM (MMP) BSNL CO, Delhi) of INR ………………………… (hereafter referred
to as “Bond Amount”) valid up to dd.mm.yyyy(hereafter referred to as “Validity Date”)
2. The Surety do hereby undertake and assure to the BSNL that, if in opinion of BSNL the
Principal in any way fails to observe or perform the terms and conditions of the Agreement or
commits any breach of its obligations there-under, the Surety shall on demand and without any
objection or demur pay to the BSNL such sum or sums up to an aggregate sum of the Bond
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 Surety to pay the same.
3. Any such demand from the BSNL shall be conclusive as regards the liability of Principal to payt
o BSNL or as regards the amount payable by the Surety under this Surety Bond. The Surety shall
not be entitled to withhold payment on the ground that the Principal 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 Principal and BSNL regarding the claim.
4. The liability of the Surety under this Surety Bond is restricted to the Bond Amount and this
Surety Bond 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 Surety further agrees that the BSNL shall have the fullest liberty without the consent of
the Surety and without affecting in any way the liability of the Surety under this Surety Bond to
vary any of the terms and conditions of the Agreement or to extend the time for the performance
contained in the Agreement from any of the powers exercisable by BSNL against the Principal
and to forebear from enforcing any of the terms and conditions relating to the Agreement and
the Surety shall not be relieved from its liability by reason of such failure or extension being
85
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
granted to Principal or through any forbearance, act or omission on the part of BSNL or any
indulgence by BSNL to Principal 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
Surety.
6. In case BSNL demands for any money under this Surety Bond, the same shall be paid through
banker’s Cheque in favour of “AO (Cash) BSNL CO” payable at New Delhi or by any other mode
such as NEFT/RTGS, etc., as indicated by BSNL in its demand letter.
7. The Surety guarantees that the below mentioned officers who have signed it on behalf of the
Surety have authority to give this Surety Bond under its delegated power.
3. Further a claim period of 3 (three)months from the Validity date of the Surety Bond
is available to make a demand under this Surety Bond. We are liable to pay the Bond
Amount or any part thereof under this Surety Bond only and only if you serve upon us
a written claim or demand on or before ……………….. (Date of claim period if any).
4. At the end of expiry of the Validity Date (including claim period), unless an action to
enforce the claim under this Surety Bond is initiated before the Court or Tribunal on or
before 12 months after the expiry of the Validity Date (including claim period), all your
rights under this Surety Bond shall stand extinguished and we shall be relieved and
discharged from all our liabilities and obligations under this Surety Bond irrespective of
return of original Surety Bond
Place: ……………………………
Designation: ……………………………………
Fax numbers ……………………………… & Email ID (only official Email ID) ……………………………..
Name, Address, Contact number and official Email ID of the Controlling Office of the Surety
Issuing Branch or any web portal link, from whom/ where the Surety Bond can be got
confirmed by BSNL.
…………………………………..
86
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
Section7(C)
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
………………………………………………………………………………….
…………………………………….
…………………………………………..
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.
87
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
SECTION 7 (D)
Registered A Due
Address of the purchaser
--------------------------------
--------------------------------
To
M/s ………………………………..
………………………………………
Sub: This office contract no………….. dated …………. placed on you for supply of
…………………………………………………………………….
We are in receipt of your letter, wherein you have asked for extension/ further extension of time
for delivery/ execution/ installation/ commissioning.
In view of the circumstances stated in your above referred letter, the time of delivery can be
extended from _______ (original/ last delivery period) to ____________ (presently agreed
delivery period) subject to your unconditional acceptance of the following terms and conditions:
1. That, liquidated damages shall be levied in accordance with agreed clause 16.2 & 16.3
Section-5 Part A of terms and conditions of the tender/ PO.
2. That, notwithstanding any stipulation in the contract for increase in price on any ground,
no such increase, whatsoever, which takes place after current last date of Delivery shall
be admissible on such of the said goods as are delivered after the said date as per clause
12 Section-5 Part A.
3. That, the prices during this extended delivery period shall be provisional and shall be
governed as per agreed clauses 12 and 24 of Section 5 Part A and shall be finalized in
accordance with the current PO price or the current PO price with latest budget/ duty
impact or the prices in the new tender (T.E. no. ………..) from the date of its opening, on
whichever is lower basis.
5. An undertaking as required vide clause 24.3, Section-5A. Otherwise furnish the details as
requisite in clause 24.4 section 5 Part A”
Please intimate your acceptance of this letter along with the additional BG within ten days of the
issue of this letter failing which the contract will be cancelled at your risk and expense without
any further reference to you. This letter shall form part and parcel of the agreement/ contract/
APO/ PO and all other terms & conditions of the contract remain unaltered.
88
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
Yours faithfully,
(………………………)
Note : The entries which are not applicable for the case under consideration are to be deleted.
89
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
SECTION 7 (E)
M/s ………………………………..
………………………………………
Sub: This office contract no………….. dated …………. placed on you for supply of ………………
In view of the circumstances stated in your above referred letter, and upon your unconditional
acceptance of the terms and conditions of this extension vide your letter under reference (3),
the time of delivery is hereby extended from _______ (last delivery period) to ____________
(presently agreed delivery period) on the terms and conditions in letter under reference (2)
above and agreed by you vide letter under reference (3) i.e.:
(a) Liquidated damages shall be levied in accordance with agreed clause 6 Section-5 Part B
of terms and conditions of the tender/ PO.
(b) Notwithstanding any stipulation in the contract for increase in price on any ground, no
such increase, whatsoever, which takes place after current last date of Delivery/
completion of work shall be admissible on such of the said goods as are delivered after
the said date as per clause 12 Section- 5 Part A.
(c) The prices during this extended delivery period shall be governed as per clauses 12 and
24 of Section-5 Part A and shall be finalized in accordance with current PO price or the
current PO price with latest budget/ duty impact or the prices in the new tender (T.E. no.
………..) from the date of its opening, on whichever is lower basis.
The letters under reference above and this letter shall form part and parcel of agreement/
contract/ APO/ PO and all other terms & conditions of the contract remain unaltered.
Yours faithfully,
(………………………)
for and on behalf of………..
Copy to :
…………………..
(All concerned)
Note:- The entries which are not applicable for the case under consideration are to be deleted.
90
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
SECTION 7 Part F
Date:
That in the event of the LC of the Telecom Product/Services/Works mentioned herein is found to
be incorrect and not meeting the prescribed LC norms, based on the assessment of an authority
so nominated by the Department of Telecommunications, Government of India and I will be liable
as under clause 9 (f) of Public Procurement (Preference to Make in India) Order 2017.
I agree to maintain all information regarding my claim for LC in the Company’s record for a period
of 2 years and shall make this available for verification to any statutory authorities.
i. Name and details of the Local supplier (Registered Office, Manufacturing unit location,
nature of legal entity)
ii. Date on which this certificate is issued.
iii. Telecom Product/Services/Works for which the certificate is produced.
iv. Procuring agency to whom the certificate is furnished.
v. Percentage of LC claimed.
vi. Name and contact details of the unit of the manufacturer.
vii. Sale price of the product.
viii. Ex-Factory Price of the product.
ix. Freight, insurance and handling
x. Total Bill of Material.
xi. List and total cost value of inputs used for manufacture of the Telecom
Product/Services/Works.
xii. List and total cost of inputs which are locally sourced. Please attach LC certificate from
local suppliers, if the input is not in-house.
xiii. List and cost of inputs which are imported, directly or indirectly.
For and on behalf of ______________________________________ (Name of Firm/Entity)
Authorized signatory (To be duly authorized by the Board of Directors)
<Insert Name, Designation and Contact No. and date>
91
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
SECTION- 7 PART -G
(A) (B) ( C)
The bidder should mention ‘FULLY COMPLIED’ in column (C) above, otherwise a statement of
deviation may be submitted as per clause 11.2(C) of Section-4, Part-A and clause 31.1 (c) of
Section-4, Part-A
Signature of Bidder:
92
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
SECTION 7 (H)
(Support Certificate)
(On the Bidder’s Letter Head)
To,
Tendering Authority
BSNL
Subject: Tender for Single band and Dual Band ONT (MTCTE certified).
Sir,
It is to certify that the following hardware/software, for which M/s ……………. is the OEM, has
been quoted in our (M/s ……..name of the bidder………) bid.
We also certify that the agreement in the above respect has already been signed with the OEM.
__________________________________
93
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
SECTION 7(I)
INTEGRITY PACT
Between
and
Preamble
The Principal intends to award, under laid down organizational procedures, contract/s for -------
-----------------------------------. The Principal values full compliance with all relevant laws, rules
and regulations, and economic use of resources, and of fairness and transparency in its relations
with its Bidder(s) and / or Contractor(s).
In order to achieve these goals, the Principal will appoint an Independent External Monitors
(IEMs) who will monitor the tender process and the execution of the contract for compliance with
the principles mentioned above.
(1) The Principal commits itself to take all measures necessary to prevent corruption and to
observe the following principles:-
(b) The Principal will, during the tender process treat all Bidder(s) with equity and reason. The
Principal will in particular, before and during the tender process, provide to all Bidder(s) the
same information and will not provide to any Bidder(s) confidential/additional information
through which the Bidder(s) could obtain an advantage in relation to the tender process or the
contract execution.
(c) The Principal will exclude from the process all known prejudiced persons.
(2) If the Principal obtains information on the conduct of any of its employees which is a
criminal offence under the relevant Anti-Corruption Laws of India, or if there be a substantive
suspicion in this regard, the Principal will inform its Vigilance Office and in addition can initiate
disciplinary actions.
94
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
(1) The Bidder(s)/Contractor(s) commit themselves to take all measures necessary to
prevent corruption. The Bidder(s)/Contractor(s) commit themselves to observe the following
principles during his participation in the tender process and during the contract execution.
(a) The Bidder(s)/Contractor(s) will not, directly or through any other person or firm, offer,
promise or give to any of the Principal’s employees involved in the tender process or the
execution of the contract or to any third person any material or immaterial benefit which he/she
is not legally entitled to, in order to obtain in exchange any advantage of any kind whatsoever
during the tender process or during the execution of the contract.
(b) The Bidder(s)/Contractor(s) will not enter with other Bidder(s) into any undisclosed
agreement or understanding, whether formal or informal. This applies in particular to prices,
specifications, certifications, subsidiary contracts, submission or non submission of bids or any
other actions to restrict competitiveness or to introduce cartelisation in the bidding process.
(c) The Bidder(s)/Contractor(s) will not commit any offence under the relevant Anticorruption
Laws of India; further the Bidder(s)/Contractor(s) will not use improperly, for purposes of
competition or personal gain, or pass on to others, any information or document provided by the
Principal as part of the business relationship, regarding plans, technical proposals and business
details, including information contained or transmitted electronically and commit any offence
under Indian Penal code (IPC)/Prevention of Corruption (PC) Act.
(d) The Bidder(s)/Contractor(s) of foreign origin shall disclose the name and address of the
Agents/representatives in India, if any. Similarly the Bidders/Contractors(s) of Indian Nationality
shall furnish the name and address of the foreign principals, if any.
(e) The Bidder(s)/Contractor(s) will, when presenting their bid, disclose any and all payments
made, is committed to or intends to make to agents, brokers or any other in connection with the
award of the contract.
(f) Bidder(s)/Contractor(s) who have signed the Integrity Pact shall not approach the Courts
while representing the matter to Independent External Monitors (IEMs) and shall wait for their
decision in the matter.
(g) To disclose and transgression with any other company that may impinge on the anti
corruption principle.
(2) The Bidder(s)/Contractor(s) will not instigate third persons to commit offences outlined
above or be an accessory to such offences.
Section 3–Disqualification from tender process and exclusion from future contracts
95
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
(i) If the Principal has disqualified the Bidder(s) from the tender process prior to the award
according to Section 3, the Principal is entitled to demand and recover the damages equivalent
to Earnest Money Deposit / Bid Security.
(ii) If the Principal has terminated the contract according to Section 3, or if the Principal is
entitled to terminate the contract according to section 3, the Principal shall be entitled to demand
and recover from the Contractor the amount equivalent to liquidated damages (LD) of the
contract value or the amount equivalent to Security Deposit/Performance Bank Guarantee (PBG)
in addition to any other penalties/ recoveries as per terms and conditions of the tender.
(i) The Bidder declares that no previous transgression occurred in the last 3 years with any
other Company in any country conforming to the Anti-corruption approach or with any other
Public Sector Enterprise in India that could justify his exclusion from the tender process.
(ii) If the Bidder makes incorrect statement on this subject, he can be disqualified from the
tender process or action can be taken as per the defined procedure.
(i) The principal will enter into agreements with identical conditions as this one with all
Bidders/Contractors.
(iii) The Principal will disqualify from the tender process all bidders who do not sign this Pact
or violate its provisions.
1. Principal appoints competent and credible Independent External Monitor for this Pact. The
task of the Monitor is to review independently and objectively, whether and to what extent the
parties comply with the obligations under this agreement.
2. The monitor is not subject to instructions by the representatives of the parties and
performs his/her functions neutrally and independently. The Monitor would have access in all
contract documents, whenever required. It will be obligatory for him/her to treat the information
and documents of the Bidders/Contractors as confidential. He/she reports to the CMD BSNL.
96
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
3. The Bidder(s)/Contractor(s) accepts that the Monitor has the right to access without
restriction to all Project documentation of the Principal including that provided by the Contractor.
The Contractor will also grant the Monitor, upon his request and demonstration of a valid interest,
unrestricted and unconditional access to his project documentation. The same is applicable to
Subcontractors. The Monitor is under contractual obligation to treat the information and
documents of the Bidder(s)/Contractor(s)/Subcontractor(s) with confidentiality.
4. The Monitor is under contractual obligation to treat the information and documents of the
Bidders/Contractor(s) /Sub-contractor(s) with confidentiality. The Monitor has also signed
declarations on “Non-Disclosures of Confidential Information” and of “Absence of Conflict of
Interest”. In case of any conflict of interest arising at a later date, the Independent External
Monitor (IEM) shall inform CMD BSNL and recuse himself/herself from that case.
5. The Principal will provide to the Monitor sufficient information about all meetings among
the parties related to the Project provided such meetings could have an impact on the contractual
relations between the Principal and the Contractor. The parties offer to the Monitor the option to
participate in such meetings.
7. The Monitor will submit a written report to the Chairperson of the Board of the Principal
within 4 to 6 weeks from the date of reference or intimation to him by the ‘Principal’ and, should
the occasion arise, submit proposals for correcting problematic situations.
8. If the Monitor has reported to the CMD of the BSNL, a substantiated suspicion of an
offence under relevant Anti-Corruption Laws of India, and the BSNL has not, within reasonable
time, taken visible action to proceed against such offence or reported it to the Corporate Vigilance
Office, the Monitor may also transmit this information directly to the Central Vigilance
Commissioner, Government of India.
1. This Pact begins when both parties have legally signed it. It expires for the Contractor 12
months after the last payment under the contract, and for all other Bidders 6 months after the
contract has been awarded. Any violation of the same would entail disqualification of the bidders
and exclusion from future business dealings.
97
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
2. If any claim is made/ lodged during this time, the same shall be binding and continue to
be valid despite the lapse of this pact as specified above, unless it is discharged/determined by
CMD, BSNL.
1. This agreement is subject to Indian Law. Place of performance and jurisdiction is the
Registered Office of the Principal, i.e. New Delhi. The arbitration clause provided in the tender
document / contract shall not be applicable for any issue /dispute arising under Integrity Pact.
2. Changes and supplements as well as termination notices need to be made in writing. Side
agreements have not been made.
3. If the Contractor is a partnership or a consortium, this agreement must be, signed by all
partners or consortium members.
4. Should one or several provisions of this agreement turn out to be invalid, the remainder
of this agreement remains valid. In this case, the parties will strive to come to an agreement to
their original intensions.
-------------------------------- ----------------------------------
For the Principal For the Bidder/Contractor
98
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
Section 7 (I)
Format for essential information for applying to NSCS (Trusted Telecom Portal)
1 Project Name :
6 Details of Equipment:
c) Support System
d) Transport
e) Core
E-mail ID:
Mobile No.
99
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
Section 8
A) Tenderer’s Profile
1. Name of the Individual/ Firm: ………………………………………………
If yes specify category & ensure that MSE certificate is submitted in technical bid part
………………………
…………………………..…………………………………………………………
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):
…………………………………………………………………………………………………………………………………..………
………………………………………………….
100
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
7. Permanent Account No. : ………………………………………………………
……………………………………………………………………………………………………………………………………………
……………………………
9. GSTN Registration Number(s) of all units/business places of the bidder vide Which he
intends to execute the contract, if awarded.
GSTN 1…………………….
GSTN 2……………………
GSTN 3……………………. and so on”
B) Questionnaire
1. Do you think any other detail/ material is required to complete the work specified in
the specification? Yes/ No.
1.1 If Yes, Give details
………………………………………………………………………………………
………………………………………………………………………………………
2. Do you think any other item of work need be included in tender form to complete the
work specified in the specification? Yes/ No.
………………………………………………………………………………………
………………………………………………………………………………………
3. Kindly indicate the maximum Quantity of tendered material which you are capable of
supplying within the scheduled delivery period.
Name of the tendered Item Qty that can be supplied by the firm
within scheduled delivery period.
101
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
……………………………………………………………………………………….
……………………………………………………………………………………….
…………………………………………………………………………………….
102
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
SECTION-9 Part-A
BID FORM
To From,
…………………………………………. ……………………………………….
<complete address of the purchaser> <complete address of the Bidder>
…………………………………………. …………………………………
……………………………………… …………………………………
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.
We are / are not ( strike off whch ever not applicable) MSE bidder and have claimed / not
claimed ( strike off whch ever not applicable) exemption from Tender Fee / EMD.
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 150 days from the date fixed for Bid opening
or for subsequently extended period, if any, agreed to by us. This bid shall remain binding
upon us up to the aforesaid period.
4. We understand that you are not bound to accept the lowest or any bid, you may receive.
5. If our Bid is accepted, we will provide you with the required Performance Security from a
Scheduled Bank for a sum as mentioned in section 5 B of tender 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.
103
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
SECTION-9 Part-B
Price Schedule
FF HS
Basic GST N
packing Unit
Unit Amount for
price Total price
Price CGST SGST IGST of Input goo
excludin inclusive of
exclu All tax ds
SoR Item Total g ITC all levies and
S.N ding inclusiv Credit and
Descriptio tendered amount charges but
o all e Unit (ITC ) to SA
TDS Section
n quantity (net excluding
Amount
Amount
Amount
Amount
Rate *
taxes cost be C
Rate
Rate
Rate
unit ITC (net
TDS Rate
TDS rate
& availed for
cost to total cost)
char by BSNL ser
BSNL)
ges vic
es
13=4+
10=
6= 8=7 12=1 6+
9x( 14=(8+ 15=13-
1 2 3 4 5 5x 7 x(4 9 11 1x(4 [(8+ 16=3x15 17 18 19
4+6 10) or 12 14
4 +6) +6) 10) or
)
12]
Dual Band
1 10 lakh
ONT
Single 0.6
2
band ONT
5 lakh To be computed by bidder taking – X is the quoted basic price for dual band ONT ( S no 1 )
*X
3 Sum Total
1. Bidder must mandatorily quote for all GST components (CGST, SGST, IGST) as required
2. The bidder who submits the offer with concessional Goods and Services Tax (GST) shall submit the proof of applicable
concessional GST. In case the concessional GST is not creditable to BSNL it should be included in the price of the
goods/services.
3. In case, dealer is registered under compounding scheme or any rule/notification where the BSNL is not eligible for input tax
credit then the bidder should the amount in col 14 as 0.
4. * %age Rate of FF & packing should be shown of Basic Unit Price excluding all taxes & charges (i.e as %age of Col.4) The
same % will be applicable for single band ONT.
104
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
5. The FF& packing amount quoted shall not be subject to change after bid evaluation/ordering
6. Bidder must mandatorily mention HSN for product & SAC for CRC service @ 20% of Basic Cost (cost excluding FFP&I and
GST)
7. The quantity distribution of dual band and single band is indicative, BSNL reserves the right to change the qty subject to
total quantity of 15 lakh.
1. We hereby declare that in quoting the above prices, we have taken into account the entire credit on inputs available under
the GST Act introduced w.e.f. 1 July 2017 and further extended on more items till date”.
2. “We hereby certify that HSN/ SAC shown in column 17 are correct & credit of GST for the amount shown in column 14 above
are admissible as per GST Laws.
3. Using correct HSN/CTH codes, rates of Duties, SWS (to be used by bidder/vendor for importing any equipment), GST rates,
will be the responsibility of bidder/vendor himself and any claims/penalties arising due to wrong declaration of these in BoEs
during import of items, if any, shall be borne by bidder/ vendor and BSNL is indemnified from same.
Special Instructions:
1. The bidder shall submit the detailed breakup of the material list upto the card level& SFP and software module level along
with the cost of each item given above in a separate Annexure. In the case of software, the bidder shall also provide the
breakup of per-user/per interface/per device software license as applicable.
2. The bidder shall include any other hardware/software item required for installing, commissioning the system & commercial
launch of service.
3. Any other item not covered above but essential for successful completion of project on turnkey basis should also be added in
the price schedule and its details should be given in the separate Annexure.
4. In case it is found that any item not provided in the bid is needed for successful implementation of the project, will have to
be supplied by the bidder free of cost
105
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
SECTION-10
This AGREEMENT is made and entered into at New Delhi on this the ___________ day of
__________________, 2023.
BY AND BETWEEN
Bharat Sanchar Nigam Limited, a company incorporated under the Companies Act, 1956 and
having its registered office at 2nd Floor, Bharat Sanchar Bhawan, HC Mathur Lane, Janpath, New
Delhi 110001(hereinafter referred to as “BSNL” or the “TSP”, which expression shall, unless
repugnant to the context or meaning thereof, include its successors and permitted assigns) of
the FIRST PART;
AND
[●], a company incorporated under the Companies Act, 1956 and having its registered office at
[●] (hereinafter referred to as the “Supplier” or the “Vendor”, which expression shall, unless
repugnant to the context or meaning thereof, include its successors, and permitted assigns) of
the OTHER PART.
(BSNL/TSP and the Supplier/Vendor shall be collectively called as the “Parties” and individually
a “Party”.)
RECITALS
A. The Vendor has been awarded the Tender bearing no [●] for the [●] (“Contract”).
B. Pursuant to the provisions of Clause [●] of Part [●] of Section [●] of the Contract, the
Parties are executing this Agreement, subject to the terms and conditions as provided
hereinafter.
i. With a view to help and address the business continuity, communication, security and
security management of BSNL’s networks in respect of equipment/products/software/
services, the parties here to are desirous of recording the terms and conditions as set
forth in this Agreement.
ii. This Agreement would be read in conjunction with the respective contractual agreements
BSNL and the Vendor, which they have for the supply of Equipment/Products and
Services. In case of any conflict, the conditions of this agreement shall prevail.
1. Definition of terms & expressions
Unless the context otherwise requires, the different terms and expression used shall have
the meaning assigned to them for the purpose of this agreement in the following paragraphs.
106
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
a) “Access”-interconnection with BSNL Systems or access to or use of BSNL Information
stored on BSNL Systems through interconnection with BSNL Systems or access to or use
of BSNL Information stored on Vendor Systems or access to or use of BSNL Information
stored in any mobile device.
b) “Authorized” –BSNL has approved Access as part of the authorization process and the
Vendor Security Contact has a record of this authorization. “Authorization” shall be
construed accordingly.
c) “Commencement Date” and “End Date” means the date the agreement is executed
and the date when the validity or term of this contract ends or terminated.
g) “Security Standards” means all the relevant contemporary standards associated with
national and international security standard related to IT & Telecom equipment hardware
and software and those related to information & communication security, including but
without limitation to ISO 27000 series, ISO/IEC 15408, 3GPP, 3GPP2, WiMAX etc.
applicable at the time of bidding.
h) “Subcontractor” any person, partnership or corporation with whom the Vendor places
a contract and/or an order for the supply of any equipment, item, service or for any work
in relation to the purpose of this Agreement. "Subcontract" shall be construed
accordingly.
j) “Term” means the term of this Agreement from the [Commencement Date] to [End
Date].
k) “BSNL” means Bharat Sanchar Nigam Limited, a Telecom Service Provider licensed
under section 4 of Indian Telegraph Act 1885 by the Licensor, Government of India
l) “BSNL Group Security” means the security organization based within BSNL Group
Company.
107
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
m) “BSNL Information” means all data including data, text, image, sound, voice, codes,
circuit diagrams, core & applications software and database, intellectual property as well
as personal, public, operational and services data in BSNL’s custody which is and /or
received which are supplied/ shared with Vendor for the purpose of this Agreement or
are obtained by the Vendor on behalf of BSNL.
n) “BSNL Items” -all items provided by BSNL to the Vendor and all items held by the
Vendor which belong to BSNL.
p) “BSNL Security Contact” means in-charge of BSNL Security Operations Centre or such
other person whose details shall be notified by BSNL to the Vendor from time to time.
r) “Vendor” means who supplies Equipment, Software and/or managed services to BSNL
for the purpose of installation, provision, operation/maintenance of BSNL’s networks.
s) “Vendor Security Contact” means such person whose details shall be notified by the
Vendor to BSNL from time to time for such purpose.
t) “Vendor Regulatory Contact” means such person whose details shall be notified by
the Vendor to BSNL from time to time for such purpose.
2. Scope
This Agreement sets out the provisions under which the Vendor will be able to
supply equipment and services and be granted Access to BSNL Systems, network,
equipment, data and facilities and BSNL Information including Sensitive Information for the
purpose of installation, provision and maintenance by the Vendor.
108
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
4. Security Requirements:
The vendor shall comply with following security policies:
4.1 GENERAL
4.1.1 The Vendor shall be authorized to access only BSNL Systems and Information in
accordance with the provisions of this Agreement and only during the term of this
Agreement.
4.1.2 The vendor shall identify to BSNL details of Vendor Security Contact at the
Commencement Date who will act as a single point of contact for BSNL, such as a
senior manager or CIO responsible for security, for any security issues as and
when required by BSNL.
4.1.3 The authorization of the security contact and any changes in the personnel would
be notified by the Vendor for the information and for the approval (wherever
applicable) of BSNL.
4.1.4 The Vendor shall follow an Information Security policy compliant with latest
security standards applicable to his area of operation.
4.1.5 The Vendor shall implement the provisions of BSNL information security policy
(along with updates), to the extent applicable for their area of operation. If the
Vendor has an issue, the same can be raised with BSNL, however BSNL’s decision
shall be final in this regard.
4.1.6 The Vendor shall be completely responsible for its security personnel and sub-
contractors.
4.1.7 The Vendor shall conduct a Risk Analysis and ensure that all risks due to its own
and sub- contractors’ operations with BSNL are identified, measured and mitigated
as per BSNL’s requirements.
4.1.8 The Vendor shall be responsible to maintain all aspects of security as per BSNL
requirement and shall ensure that there is no security breach of any kind which
can hurt BSNL’s interests.
4.1.9 No replacement of BSNL System support tools must be undertaken by the Vendor
without specific agreement from BSNL.
4.2.1 All Contract Personnel including subcontractors and their employees, agents and
their employees of the Vendor working on BSNL premises shall be in possession of
an ID Card, details of which shall be made available to BSNL. No person from
vendor’s side shall be permitted to enter BSNL premises without the card.
4.2.2 The Vendor shall access any BSNL system/ equipment only after due /written
authorization from BSNL.
4.2.3 All the information related to BSNL systems shall be physically /logically
segregated and the vendor shall ensure that it is accessed only by the authorized
contact personal from vendors side.
4.2.4 The use of digital or conventional cameras, including any form of video camera or
mobile phone cameras, of the interior of BSNL premises is not permissible without
prior Authorization from BSNL Security Contact. Vendor shall ensure that
photography or capture of moving image of Vendor are as within BSNL premises
109
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
where BSNL Information is processed or stored shall not capture any BSNL
Information.
4.2.5 CCTV security systems and their associated recording medium wherever provided
shall be used by BSNL/ Vendor either in response to security incidents, as a
security surveillance tool, As such, these systems shall be authorized by
appropriate BSNL Security Contact when used by vendor, and stored images shall
be securely held for at least 6 months. However BSNL’s decision shall be final in
this regard.
4.2.6 The Vendor shall disable the Access immediately if any Contract Personnel no
longer require Access or change role for any reason what so ever or whose integrity
is suspected or considered doubtful or as may be notified by BSNL in accordance
with clause 4.3.1.
4.3.1 The Vendor shall disable the access rights and shall notify BSNL immediately if any
Contract Personnel no longer requires Access or change role for any reason what
so ever thus enabling BSNL to disable or modify the Access rights.
4.3.2 The Vendor shall, implement agreed as well as generally prevalent security
measures across all supplied components and materials including software & Data
to ensure and safeguard the confidentiality, availability and integrity of BSNL
Systems and BSNL Information. The Vendor shall provide BSNL with full
documentation in relation to the implementation of logical security in relation to
Purpose and shall ensure that it has such security features which:
● prevents unauthorized individuals e.g. hackers from gaining Access to BSNL
Systems; and
● reduces the risk of misuse of BSNL Systems or BSNL information, which could
potentially cause loss of revenue or service (and its Quality) or reputation, breach
of security by those individuals who are Authorized to Access it and
● detects any security breaches that do occur enabling quick rectification of any
problems that result and identification of the individuals who obtained Access and
determination of how they obtained it.
4.4.1 The Vendor shall not use BSNL Information for any purpose other than for the
purposes for which they were provided to the Vendor by BSNL and only to the
extent necessary to enable the Vendor to perform as per this Agreement.
4.4.2 The Vendor shall use physical and electronic security measures to protect BSNL
Systems, BSNL Information and areas where work is undertaken or where Vendor
Systems provide Access.
4.5 CONTRACT PERSONNEL SECURITY
4.5.1 The vendor shall be completely responsible for the actions of the contract
personnel hired /arranged by the vendor.
4.5.2 The Vendor shall ensure that the Contract Personnel securely destroy any BSNL
Information received in a recorded form from BSNL (or has recorded received BSNL
110
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
Information), when the Contract Personnel’s job or role has changed or
terminated.
4.5.3 The Vendor shall ensure that the TSP Information provided under this
Agreement is used only to the extent necessary to enable the Vendor to perform
its obligations as per the terms of this Agreement. All Contract Personnel
shall sign a confidentiality agreement either as part of their initial terms and
conditions of employment or when they start working in TSP buildings or on
TSP Systems and TSP Information. These confidentiality agreements shall be
retained by the Vendor and shall be made accessible to TSP, if required.
4.5.4 The Vendor shall deal with breaches of security policies and procedures,
including interfering with or otherwise compromising security measures,
through a formal disciplinary process.
4.5.5 The Vendor shall provide a 'whistle-blower' facility, available to all staff, with
all TSP related issues reported back to the TSP Security Contact to the extent
permissible by the law in a location in India where the Vendor is providing the
services. . For the avoidance of doubt, this facility shall be used by the Contract
Personnel if TSP’s employee, agent or contractor instructs Contract Personnel
to act in an inconsistent manner in violation of the Agreement.
4.5.6 The Vendor shall ensure that in respect to any Contract Personnel assigned to
this Agreement, it shall carry out recruitment checks in accordance with its
policies.
4.5.7 The Vendor shall ensure that all Contract Personnel maintain a clear-desk and
a clear screen policy to protect TSP Information, as per its internal policy.
4.5.8 The Vendor shall ensure that an auditable process is developed for the ongoing
control and management of Contract Personnel access profiles.
4.5.9 The Vendor shall, and shall procure that if a Contract Personnel’s job or role
has been changed or terminated, such Contract Personnel shall securely destroy
any TSP Information received in a recorded form from TSP (or has recorded
received TSP Information) in accordance with its internal policy. Vendor may
retain one copy of such information for archival policy provided it does so in a
secure manner.
4.5.10 The vendor may perform the above activities as per its internal policy, which
shall be shared with BSNL from time to time.
4.6 Additional Security Policies
4.6.1 The Vendor shall have documented operating procedures to discharge the
security requirements detailed within this Agreement and provide TSP with
access to such documentation in accordance with “Access to Vendor systems”
as stipulated in this Agreement.
4.6.2 The Vendor shall implement a controlled exit procedure in respect of the
individual Contract Personnel to ensure the return of any TSP assets or TSP
Items or TSP Information in the possession of the individual when any of the
Contract Personnel who have Access, leave the employment of the Vendor or
are no longer engaged for the purpose of this Agreement. Such controlled exit
procedure shall include a written communication by the Vendor Security Contact
to TSP Security Contact of this removal.
4.6.3 The Vendor shall inform the TSP Security Contact immediately upon its
becoming aware of any actual or suspected unauthorised Access or misuse of
111
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
TSP Systems or TSP Information or breach of any of the Vendor's obligations
under this Agreement.
4.6.4 The Vendor shall maintain integrity of the software build including upgrades,
operating systems and applications from factory to desk. The Vendor shall
demonstrate that the software build (both proprietary and off-the-shelf)
delivered to TSP is the same as the software build agreed with TSP. The
software as provided by Vendor should not have any known viruses or malware
which could hamper security including any unauthorized leakage of TSP
Information including Sensitive Information.
4.6.5 Any change of location by the Contract Personnel or Vendors support centers
shall be notified to TSP.
4.6.6 Where Vendor uses subcontractors,, TSP may require that the associated
security risks are clearly identified and assessed by TSP Group Security or
the appropriate TSP line of business security team. This will ensure that any
unacceptable security risks are identified and addressed. This in anyway shall
not reduce the Vendor from being responsible to TSP for its obligations to be
performed under this Agreement relating to security.
4.6.7 Where Vendor uses subcontractors, formal contracts containing all necessary
security requirements shall be put in place between the Vendor and its
subcontractor before the Subcontractor or its personnel can access TSP
Systems and TSP Information or occupy space in TSP’s buildings or space in
the Vendor’s building that is used to access, hold or process TSP Information.
4.6.8 TSP may update from time to time, security related policies, guidelines,
standards and requirements. TSP will incorporate such updates by reference
which shall be notified in writing by TSP to the Vendor promptly. If the Vendor
has an issue with such updates, the Vendor shall promptly detail its concerns
to TSP in writing.
4.6.9 The Vendor shall record and maintain detailed information of all Contract
Personnel who are authorised to Access TSP Systems or TSP Information.
4.7.1 The Vendor shall ensure by means of all tools, skills, resources that the services
of BSNL remains operational at all times (to the extent of the scope of this
contract) as per Quality of Service parameters laid down by Telecom Regulatory
Authority of India, as applicable.
4.7.2 At the time of termination of contract or as and when required by BSNL, the vendor
shall ensure making overall tools, procedures, documents, software, training etc.
using which BSNL system were maintained operated, analyzed, attended etc., by
the Vendor so that BSNL can continue to provide the services.
5. Access to BSNL Systems ( wherever applicable )
5.1 In relation to Access to BSNL systems, the Vendor shall (and, where relevant, shall
ensure that all Contract Personnel shall):
a) Ensure each individual Contract Personnel has a unique user identification and
password known only to such user for his/her sole use.
112
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
b) Promptly provide to BSNL such reports as BSNL shall require from time to time
concerning the Vendor’s use and security of Access and any related matters to
Access.
d) use all reasonable endeavors to ensure no viruses or malicious code like malware,
spyware, key logger, bots (as the expressions are generally understood in the
computing industry) are introduced, and that there is no corruption or
modification or compromising of BSNL Systems or BSNL Information. This should
un-doubtedly ensure that nothing results in denial of Service, interruption of
Service, outages, reduction or compromise in quality and efficiency of Service,
leakage or stealing of BSNL Information, interference with mandated lawful
interception policy, methodology & provisions, enhance risks of attacks,
overbilling, frauds or any other aspect that compromises the security of all the
stakeholders including the Government, users, BSNL etc.
e) use reasonable endeavors to ensure that personal files which contain information,
data or media with no relevance to the purpose, are not stored on BSNL building
servers or BSNL centralized storage facilities or BSNL Systems.
5.2 If BSNL has provided the Vendor with Access to the Internet/Intranet, the Vendor shall,
ensure that the Contract Personnel, access the Internet/Intranet appropriately.
5.3 The Vendor shall ensure that all Contract Personnel, subject to the Clauses headed
“Regulatory Matters” and “Confidentiality” comply with Classifying and Handling of
Information.
6.1 If Contract Personnel is granted Access to Vendor Systems having bearing on BSNL data,
information or network, the Vendor shall ensure that it has a fool proof mechanism to
avoid any breach of security and the access is completely secure so that BSNL’s interests
are not hurt in any way:
a) Ensure that audit logs are generated to record user activity and security-relevant
events and securely managed and retained with nil ability on the part of the
Vendor to allow any un-authorized access or amendment to the audit logs. Such
audit logs must be maintained for future reference for a period of at least one
year.
b) ensure that monitoring of audit and event logs and analysis reports for anomalous
behavior and/or attempted unauthorized access are performed by Vendor’s staff
independent of those users being monitored.
113
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
e) implement controls to detect and protect against malicious software and ensure
that appropriate user awareness procedures are implemented.
f) Ensure that data gathered after running audit tool is properly protected.
6.2 To the extent the servers are used to fulfill the purpose of this Agreement, Vendor’s
servers shall not be deployed on un-trusted networks without appropriate security
controls.
6.3 Security procedures and controls shall be used to secure equipment holding, accessing
or processing BSNL Information in Vendor Systems.
The vendor shall ensure that the network elements supplied by him have been got tested
as per relevant contemporary Indian or International Security Standards e.g. IT and IT
related elements against ISO/IEC 15408 standards, for Information Security
management Systems against ISO 27000 series standards, Telecom and Telecom related
elements against 3GPP security standards, 3GPP2 security standards etc. from any
International Agency / labs of the standards e.g. Common Criteria Labs in case of ISO /
IEC 15408 standards until 31.3.2017. (From 1.4.2017, the certification shall be got done
only from authorized and certified agencies / labs in India)*.
The copies of test results and test certificates are to be submitted to BSNL on demand
within a reasonable time period along with the details as per Format – I.
The vendor shall also ensure that the equipment supplied has all the contemporary
security related features, facilities, hardware, software etc. for the purpose of
Interception, Monitoring, Analysis etc. for use by the Law Enforcement Agencies and
provide complete information to enable these features and facilities before the supply of
the equipment or the procedure of enabling these, if these are to be enabled after the
commissioning of the Network. The Vendor shall also submit a test report on these
features and facilities and also a certificate that all contemporary features and facilities
of this category exist in the equipment supplied.
A report of the tests conducted with results of the tests conducted and mentioning areas
where vulnerability exists and what precautions are to be taken by BSNL to minimize the
effect of such vulnerabilities. For this purpose additional requirements may be provided
in the Solution Designs. Compliance statements should be made against the relevant
Security Standards and where practicable, tests performed to demonstrate compliance.
114
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
7.4 Security against Remote Access:
The vendor shall submit a written undertaking to BSNL clearly identifying all known
means of remote control/remote access/ remote command and control in the supplied
equipment as well as suitable mitigation means to close such access mechanisms.
Note: Vendor has to comply with the guidelines of remote access provided by
DoT including instructions vide No.16-27/2007-CS-III dated 31.01.2013 and
any subsequent instructions thereof. In case BSNL / vendor provides a Remote
Access monitoring facility then it shall be the responsibility of the vendor to
integrate with the same.
7.5 Penalty:
In the event that the Vendor is unable to comply with its obligations under this
Agreement, as a result of which the Licensor imposes any sanction on BSNL, which
results in any financial and other liabilities on BSNL, the Vendor shall be liable to make
good such loss.
7.6 Inspection:
The Vendor/Supplier must allow BSNL, Licensor/ DoT and/or its designated agencies to
inspect the hardware, software, design, development, manufacturing facility and supply
chain and subject all software to a security/threat check at the time of procurement of
equipment and up to two more times every year until the supplies under the contract
have been completed, at the time of discretion of BSNL. All the documents should be in
English and handed over to the visiting team at least 4 weeks ahead of the visit.
The number of such visits will be limited to two in a work order. The expenditure for
such visits for order valuing more than 50 Crore up to 40 man-days per visit shall be
borne by BSNL.
8. Data Protection:
8.1 The Parties acknowledge that, in respect of all Personal Data processed by the Vendor
for the purpose of the provision of Supplies under this Contract, BSNL alone, as data
115
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
controller, shall determine the purposes for which and the manner in which such
Personal Data will be processed by the Vendor.
8.2 The Vendor shall:
a) keep all Personal Data secure and confidential, act only on BSNL's instructions with
respect to it, and comply with such further reasonable requirements from time to
time of BSNL for the security of it; and
b) notify BSNL forthwith, and in any event, no later than 12 hours from the time it
comes to the Vendor’s attention, that Personal Data transferred by BSNL to the
Vendor has been the subject of accidental or unlawful destruction or accidental loss,
alteration, unauthorized disclosure or access, or any other unlawful forms of
processing; and
8.3 In respect of Transfer of Personal Data the following conditions shall apply:
a) obtain BSNL’s prior written consent before transferring Personal Data to any
Subcontractors in connection with the provision of the Supplies;
8.4 Any breach of this Condition by the Vendor shall be deemed to be a material breach of
the Contract and the Vendor shall indemnify BSNL against any costs, losses, damages,
proceedings, claims, expenses or demands incurred or suffered by BSNL which arises a
result of such breach.
8.5 The Vendor shall, allow BSNL or its nominated representatives such access to its
premises, Information and records and those of its agents subsidiaries and sub-
contractors, as may be reasonably required by BSNL from time to time to assess the
Vendor’s and/or Contract Personnel’s compliance with this Condition.
9. Regulatory Matters:
9.1 The Vendor shall
a) comply with all Regulatory Matters including, without limitation, any actions that BSNL
may require in connection with any Regulatory Matter, that are notified to the Vendor
Regulatory Contact from time to time by BSNL Regulatory Contact in so far as they relate
to the performance of the Contract by the Vendor;
b) within 14 days of the Commencement Date, ensure that the Vendor Regulatory Contact
contacts BSNL Regulatory Contact to establish the nature and extent of communication
between them, which assist them in meeting all regulatory requirement asset by licensor
or Sectoral regulator or any other person nominated by Licensor.
c) promptly provide such information to BSNL as shall be necessary for BSNL to respond
fully and to the time scale required to any request or requirement for information from a
government or any regulatory authority, to the extent that such information relates to
the performance of the Agreement by the Vendor; and
d) permit BSNL and/or its authorized agents such access to the Vendor's premises and such
Access to and copies of its Information and Records(and to and of those of any Contract
Personnel) as is required by BSNL to assess and/or validate the Vendor's performance
of its obligations under or in relation to this Clause.
10. Confidentiality:
116
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
10.1 In this Clause, BSNL Information which BSNL from time to time identifies to the Vendor
as being commercially confidential, or is by its nature commercially confidential or
defined by BSNL as confidential, or confidential as per the applicable law.
10.2 Except with BSNL's agreement, the Vendor shall not disclose Information to any BSNL
employee, without authorization.
10.3 Subject to the Condition headed ‘Intellectual Property”, either party receiving
Information ("the Recipient") from the other shall not without the other’s prior written
consent use such Information except for Contract purposes or disclose such Information
to any person other than BSNL's employees, agents and contractors or Contract
Personnel who have a need to know and who are bound by equivalent obligations of
confidentiality. Any breach of such obligations by Contract Personnel or BSNL's
employees, agents or contractors (as the case may be) shall be deemed to be a breach
by the Vendor or BSNL respectively.
10.4 Paragraphs 2 and 3 of this clause shall not apply to Information that is:
a) published except by a breach of the Contract; or
b) Lawfully known to the Recipient at the time of disclosure and is not subject to any
obligations of confidentiality; or
c) lawfully disclosed to the Recipient by a Vendor without any obligations of confidentiality;
or
d) replicated by development independently carried out by or for the Recipient by an
employee or other person without access to or knowledge of the Information.
10.5 The Vendor shall not publicize this Agreement without BSNL’s prior written consent and
shall ensure that any subcontractor is bound by similar confidentiality terms to those in
this clause.
10.6 Either party that has during the course of this Agreement received Information in a
recorded form from the other(or has recorded received Information) shall return or
destroy in a complete irrecoverable mode(at the option of the disclosing party)such
records upon:
a) Expiry or termination of this Agreement; or
b) Upon earlier request unless such records are part of the Supplies.
117
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
The audit should mandatorily cover below mentioned activities besides other checks:
It is clarified that the above list doesn’t limit the scope of the audit in any manner, which
shall be based upon following manner.
Since it is not mandatory for the security system to be certified and Vendor is free to
audit the system internally. The Security audit, to check the security system and note
observations, will use the template ‘Guidance for the review of implemented ISO/IEC
27001:2005, Annex-A Controls’, detailed in the Annex-D of ISO/IEC 27006 International
Standard on ‘Information technology-Security techniques-Requirements for bodies
providing audit and certification of information security management systems’. For
carrying out the audit, Vendor will have to identify the controls from relevant security
standards like ISO 27001 as applicable to the business and get them approved by BSNL
before the security audit is done.
or
In case the network has been audited from the security point of view by an agency:
a. The auditor shall verify that the audit has been conducted by an agency certified
to carry out the audit as per ISO 27001.
b. Obtain the last audit report and note the compliance on comments and non-
conformities detailed in the report.
The audit observations, their compliance and closure of all points is to be submitted to
BSNL within a reasonable time.
A list of such security features is to be maintained and made available by vendor to BSNL
within a reasonable time period as per format at Format – III.
118
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
A list of features, equipment, software etc. procured and implemented shall be kept by
the vendor till they are in use, which may be subjected to inspection and testing by BSNL/
DoT at any time, in the network or otherwise, at the option of BSNL.
Vendor to maintain a list of all network elements and corresponding manuals as per format
given in Format-IV and submit to BSNL.
The information as per the format given in Format-V has to be made available to BSNL on
an yearly basis.
The information as per the format given in Format-VI has to be made available to BSNL
on an yearly basis or as and when demanded.
Information as per the format given in Format-VII has to be made available to BSNL on
an yearly basis or as and when demanded.
119
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
Information as per the format given in Format-VIII has to be made available to BSNL
on an yearly basis or as and when demanded.
19. Creation of facilities for monitoring all intrusions, attacks and frauds:
Vendor to create such a central facility for monitoring all intrusions, attacks and frauds
and report the same to BSNL. This might require integration with all security devices like
Firewalls, IDPS, IDS or network elements etc. to a central location from where the
monitoring is done. This facility shall be created within 6 months of issue of the PO/WO.
Note: The bidder can provide the proposed firewalls management appliance at either DC
or DR site to have the centralized monitoring system to meet the requirement as per
Format -IX reports on regular basis for securing both sites DC and DR.
20. Investigation:
20.1 If BSNL believes that there has been a breach by the Vendor of the provisions of this
Agreement, BSNL will inform the Vendor Security Contact. The Vendor shall cooperate
with BSNL fully in any ensuing investigation, providing information / access to system
sought by BSNL in this regard.
20.2 The Vendor shall report to BSNL Security Contact promptly of any potential misuse of
BSNL Information or improper or unauthorized access to BSNL Systems and BSNL
Information and shall further cooperate with BSNL by providing information / access as
required by BSNL. Please see note at the end of the clause 20.
20.3 If any audit or investigation reveals that there is a potential risk to the confidentiality,
integrity or availability of BSNL Information in the Vendor’s processes or Vendor
Systems, Vendor shall promptly correct any security risk in the Vendor’s processes or
Vendor Systems promptly.
20.4 During investigation, the Vendor shall co-operate with BSNL, providing reasonable
access, accommodation, facilities and assistance to all Vendor Systems as reasonably
necessary to investigate the breach of the provisions of this Agreement including
permitting interview of any sales, engineering or other operational personnel of Vendor.
21. Termination:
This Agreement shall be effective from the date hereof and shall continue to be in
full force and effect concurrently with the Vendor agreement ("Term") unless
terminated earlier by BSNL in accordance with the provisions in the main document.
Without prejudice to BSNL’s rights and remedies under the Agreement, the Vendor shall
at its own cost and expense take all steps necessary to restore the lost or corrupted
BSNL Information to the last back-up and/or terminate the unauthorized use of or access
to the Information to the extent it caused such loss, corruption or unauthorized use of
BSNL Information, due to act of omission or commission on the part of vendor.
120
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
22. Law and jurisdiction:
This Agreement is governed by Indian law and subject to clause 23, Parties agree to the
exclusive jurisdiction of the Indian courts where the registered office of BSNL is situated.
23. Arbitration:
Any dispute arising out of this Agreement shall be settled and resolved as per the dispute
resolution and arbitrations clause agreed between the Parties under the main Agreement.
24. Notices:
All notices, requests, consents, waivers or other communication required or permitted
hereunder shall be delivered as per the Notice clause agreed between the Parties under
the main Agreement.
Notes of any
Note of any
121
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
Notes if any
Note: The following certificate is required to be taken from the TSP: “Certified that O&M
Manuals for all the elements inducted into the network are available in English language,
contain relevant procedures for security related events and are sufficient for the O&M
activity”.
Notes if any
122
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
Notes if any
Notes if any
Notes if any
Notes if any
123
BSNLCO-MMT/14(12)/4/2024-MMT
I/714329/2024
…………………………………………….. ……………………………………………..
Signature Signature
…………………………………………… ……………………………………………..
Name Name
…………………………………………… ……………………………………………..
Position Position
…………………………………………..... ………………………………………….....
…………………………………………… ……………………………………