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BSNL 4F Drop Tender Spec.

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Shashank Saxena
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0% found this document useful (0 votes)
513 views66 pages

BSNL 4F Drop Tender Spec.

Uploaded by

Shashank Saxena
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 66

TENDER ENQUIRY NO: MM/10-30/AERIAL OFC/TENDER/2017-18/3

dated 02-11-2017

TENDER FORM
FOR
PROCUREMENT OF 4F OPTICAL FIBRE DROP
CABLE (G.657 A Fiber)
THROUGH E-TENDER
(FOR THE YEAR 2017-18)

BHARAT SANCHAR NIGAM LIMITED

OFFICE OF THE CHIEF GENERAL MANAGER TELECOM


KERALA CIRCLE, TRIVANDRUM -695033
www.kerala.bsnl.co.in

mail id: [email protected]

Read Understood and complied by 1


Signature of the Bidder
BHARAT SANCHAR NIGAM LIMITED
Office of the Chief General Manager Telecom
KERALA CIRCLE, TRIVANDRUM– 695033

TENDER ENQUIRY NO: MM/10-30/AERIAL OFC/TENDER/2017-18/3 dated 02-11-2017

E-TENDER DOCUMENT
E-TENDER FOR
SUPPLY OF 4F OPTICAL FIBRE DROP CABLE

Tender Quantity: as detailed below

S. No. Name of Item Quantity


(In km.)

1 4F Optical Fibre Drop Cable 925

VALIDITY OF OFFER – 150 DAYS*

Cost of the Tender Form : 2360/- (Non Refundable incl.GST 18%)

Tender form Availability (Online) : from 10:00 Hrs of 06-11-2017 to


10:00 Hrs of 05-12-2017

Last Date of Receipt : 13:30 Hrs of 05-12-2017

Date of Bid Opening : 14:00 Hrs of 05.12.2017

*can be extended further

Read Understood and complied by 2


Signature of the Bidder
SECTION-1

BHARAT SANCHAR NIGAM LIMITED


(A Government of India Enterprise)
O/o CGMT Trivandrum- 695033

From: To,
AGM (MM) .................................................
O/o CGMT, BSNL, .................................................
Kerala Circle, Trivandrum-33 .................................................

T. ENQUIRY NO: MM/10-30/AERIAL OFC/TENDER/2017-18/3 dated 02-11-2017

Sub: - Tender documents for supply of 4F Optical Fibre Drop Cable - 925Kms

Please find enclosed the tender document in respect of above mentioned tender which contains
the following.
Section No. Item Page No.
1.Part A Detailed NIT 4
2. Tender Information 7
3 Part A Scope of work 9
3 Part B Technical Specifications/ Requirements 9
3 Part C Schedule of Requirements(SOR) 12
4 Part A General Instructions to Bidders(GIB) 13
4 Part A Appendix Appendix-1 to Section 4 Part A of Chapter 4 25
4 Part B Special Instructions to Bidders(SIB) 31
4 Part C E-tendering Instructions to Bidders 33
5 Part A General (Commercial) Conditions of Contract (GCC) 37
5 Part B Special (Commercial) Conditions of Contract (SCC) 47
6 Undertaking & declaration 49
7 Proforma (s) 50
8 Bidder‟s Profile& Questionnaire. 59
9 Part A Bid Form 61
Check List for Bidders 62
Annexure Annexure-A1 & Annexure-A2 63
9 Part B Price Schedule 64-66

If interested, kindly submit your bid offers online on or before the date & time specified in Clause 6 of
detailed NIT.

AGM (MM)
Tel.: 0471-2301775 FAX: 0471-2308009
E Mail id : [email protected]
--------------------------------------------------------------------------------------------------------------------------------------

Regd. Off.: BSNL, Bharat Sanchar Bhawan, Janpath New Delhi -110 001. Web: www.bsnl.co.in

Read Understood and complied by 3


Signature of the Bidder
SECTION – 1 Part A
DETAILED NOTICE INVITING E-TENDER (DNIT)
BHARAT SANCHAR NIGAM LIMITED
(A Government of India Enterprise)
O/o CGMT Trivandrum- 695033 …..
E-Tender is invited by Chief General Manager, Kerala Telecom Circle, Trivandrum from prospective
bidders for the supply of following Item).

Name of the Item 4F Optical Fibre Drop Cable (G.657 A Fibre)


Tender Notice No. / Date T. ENQUIRY NO. MM/10-30/AERIAL OFC/TENDER/2017-18/3 dated
02-11-2017
Technical Specification Specification issued vide NWP-Broadband Cell, BSNL CO letter No. 32-
64/2013-NWP-BB/FTTH dtd. 09.12.2013 & Addendum & Clarification
dtd. 13.01.2014 and 20.03.2014.
Estimated Quantity 925 Km
1,38,56,500 /- (One Crore Thirty Eight Lakh Fifty Six Thousand Five
Estimated Cost of Tender
Hundred Only)
2, 77,130/- (Two Lakh Seventy Seven Thousand One Hundred and
Bid Security/EMD (in )
Thirty only)
Cost of Tender document (in 2360/- (Non Refundable incl. GST 18%)
)
Online Tender Document
From 10:00 Hrs of 06-11-2017 to 10:00 Hrs of 05-12-2017.
Availability for Downloading
Date of Submission/ Opening ONLINE SUBMISSION OF BID ONLINE OPENING
of E-BID. From 10:00 Hrs of 06-11-2017 to (Tech. Coml. Bid) AT
13:30 Hrs of 05-12-2017 14:00 Hrs. of 05-12-2017
Last date for seeking Clarification
if any by Bidder Up to 17:30hrs of 21-11-2017
Specifications:- (G.657 A Fibre) BSNL approved specifications vide Ltr. No. 32-64/2013-NWP-
BB/FTTH dated 9-12-2013 and Addendum No. 32-64/2013-NWP-BB-FTTH
dated 13-1-2014 and 20.03.2014.
Note 1: The quantity /no. / Sites stated above are estimated and BSNL reserves the right to vary the
quantity to the extent of -25 % to +25 % of specified quantity at the time of award of the
contract i.e. APO without any change in unit price or other terms & conditions.
Note 2: 20 % of the Estimated Quantity/requirement in this tender Enquiry is earmarked for
procurement from the eligible Micro & Small Enterprises (MSEs). However, in case eligible
Micro & Small Enterprises (MSEs) bidder(s) are not available then this quantity would be
de-reserved & procured from participating bidders.
1.1 The evaluation of the tender as well as allotment of the work will be done item wise.
2. Purchase of Tender Document: Tender document can be obtained by downloading it from
the E-Tender link of website www.kerala.bsnl.co.in or from https://www.tcil-india-
2. electronictender.com
2.1 The bidders downloading the tender document are required to submit the tender fee amount
through DD/ Banker‟s cheque along with their tender bid failing which the tender bid shall
be left archived unopened/ rejected.
The DD/ banker‟s cheque shall be drawn from any Nationalized/ Scheduled Bank in favour
of “AO (Cash), O/o CGMT, BSNL, Trivandrum-33. payable at Trivandrum”.
2.2 The tender documents will be free of cost to MSE bidders on production of requisite proof in
respect of valid certification from MSME for the tendered item as per Section 4 Part A
Clause 37.1
Read Understood and complied by 4
Signature of the Bidder
3.0 Availability of Tender Document: The tender document shall be available for downloading from
10:00 Hrs on 06-11-2017 to 10-00 Hrs on 05-12-2017.
3.1 In case of tenders invited through e-tendering process, physical copy of the tender document would
not be available for sale.
Note 3: Deleted.
4. Eligibility Criteria: - The bidder should have
(a) (i) The bidders should be Indian companies/Firms registered to manufacture or sale the
tendered item in India, having obtained clearance from RBI wherever applicable.
(ii) They should have obtained valid Type Approval Certificate (TAC) from Telecom
Engineering Centre, DOT or TSEC from QA Wing of BSNL for the tendered item(s)
against Technical Specifications given in the bid document with latest Amendment /
Specification at the time of tender opening. OR Proof of having applied for TSEC (Copy of
Form QF 103 be attached).
(b)The bidders should have Valid PAN No.
(c) Valid Goods and Services Tax Registration Certificate No(s). or mention as unregistered dealer.
d) A self-declaration along with the evidence that the bidder is not black listed by GST authorities.
e) In case the supplier gets black-listed during the tenure of BSNL contract, then adequate indemnity
clause should be inserted to ensure that no loss of Input Tax credit is borne by BSNL due to a default
of supplier.
f) In case of multiple GST numbers, all the numbers can be provided as Annexure
g) The bids of bidders who failed to meet the contractual obligation in earlier tender of
Kerala Circle will not be considered.
4.1 The bidders shall submit necessary documentary proof showing that they meet the eligibility criteria
along with their tender bid. All documents submitted will also be self attested by the bidder.
5. Bid Security/EMD:
5.1 The bidder shall furnish the bid EMD in one of the following ways:-
(a) Demand Draft/ Banker‟s cheque drawn in favour of “AO (Cash), O/o CGMT, BSNL,
Trivandrum-33 and payable at Trivandrum”.
b) Bank Guarantee from a scheduled bank drawn in favour of “CGM, BSNL, Kerala
Telecom Circle, Trivandrum-33” which should be valid for 180 days from the tender
opening date,
5.3 The MSE units shall be exempted from submission of Bid Security deposit on production of requisite
proof in respect of valid certification from MSME for the tendered item. subjected to clause 37 of
Section 4 Part-A

5.4 Bank details for BG submission: (GST Details of Purchaser at Anenxure-A2)

Name & address of the Bank : UNION BANK OF INDIA,


PATTOM BRANCH, T.C 3/21(18),Mathews Arcade,
Kesavadaspuram, Patton Palace, Trivandrum-695004
Account No. : 545101110050003
IFSC /RTGS Code : UBIN0554511
Account Type : Current
Name and address of account : BSNL KERALA CIRCLE AO CASH COLLECTION ACCOUNT
holder TRIVANDRUM ,DOOR SANCHAR BHAVAN , O/o CGMT,
PMG P.O, TRIVANDRUM-695033

Note: At the time of uploading bid on E-Tender portal, amount of EMD should be filled for the quoted
items only as per the DNIT table above -(Total EMD of all the items quoted adjusted to the
nearest ten) due to software limitations.
6. Date & Time of Online Submission of Tender bids: As per DNIT table.

Note 4: 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

Read Understood and complied by 5


Signature of the Bidder
separately.
7. Opening of Tender Bids: As per DNIT table.
8. Place of opening of Tender bids:
8.1 The tenders shall be opened through „Public Online Tender Opening Event (POTOE). BSNL‟s
Tender Opening Officers as well as authorized representatives of bidders can attend the Public
Online Tender Opening Event (TOE) at the Video Conference Hall, 6th Floor O/o CGMT,
Trivandrum -33 where BSNL‟s Tender Opening Officers would be conducting online e-Tender
opening. OR In the chamber of AGM (MM) ,1st Floor O/o CGMT, Trivandrum -33
9. Tender bids received after due time & date will not be accepted.
10. Incomplete, ambiguous, Conditional, unsealed tender bids are liable to be rejected.
11. CGMT, BSNL, Trivandrum-33 reserves the right to accept or reject any or all tender bids without
assigning any reason. He is not bound to accept the lowest tender.
12. The bidder shall furnish a declaration in his tender bid that no addition / deletion / corrections have
been made in the downloaded tender document being submitted and it is identical to the tender
document appearing on the website.
12.1 In case of any correction/ addition/ alteration/ omission in the tender document, the tender bid shall
be treated as non-responsive and shall be rejected summarily.
Note 5: All documents submitted in the bid offer should be preferably in English. In case the certificate viz.
experience, registration etc. is issued in any other language other than English, the bidder shall
attach an English translation of the same duly attested by the bidder & the translator to be true copy
in addition to the relevant certificate.
Note 6: All computer generated documents should be duly signed/attested by the bidder/vendor Organization.

Checklist for Bidder: See Page No.62


******************************

Read Understood and complied by 6


Signature of the Bidder
SECTION- 2

Tender Information
Note 1: Deleted.

1. Type of tender- : Single Stage bidding using Two Electronic Envelopes system
a) No. of Bid Submission Stages for tender: Single stage.
b) No. of Envelopes for submission of Bids: Two Nos.
(Opening stages) (Please See Note-3).
c) E-reverse auction (in case of tenders invited through e tendering only.
Note 2: Deleted
Note 3:- The bidder shall submit Techno-commercial & Financial bid simultaneously.
Note 4:- The bids will be evaluated techno-commercially first and thereafter financial bids of
Techno-commercially compliant bidders only shall be opened.

2. Bid Validity Period / Validity of bid Offer: 150days from the tender opening date and can be
extended further.
Note: In case, the date of opening of the Tender is postponed due to any reason and the bidder has
already prepared BG towards Bid Security, in such cases, BG validity as per earlier Tender opening
date would be acceptable at the time of bid opening and the same should be extended by the bidder
covering the shortfall period w.r.t. the actual opening date.
3. In case of tenders invited under two envelopes system, the first envelope will be named as techno-
commercial& will contain documents of bidder‟s satisfying the eligibility / Technical & commercial
nd
conditions and 2 envelope will be named as financial envelope containing financial quote. These
envelopes shall contain one set of the following documents :-
a) Techno-commercial envelope shall contain :-
i) EMD
ii) Cost of the tender documents i.e. tender fee.
iii) Certificate(s) showing fulfillment of the eligibility criteria(s) stated in Clause
4 of the DNIT
iv) Power of Attorney & authorization for executing the power of Attorney in
accordance with clause 14.3 of Section 4 Part A
v) Integrity Pact (if applicable)
vi) Clause by clause compliance as per clause 11.2 of Section-4A
vii) Bidder‟s Profile & Questionnaire duly filled & signed.
viii) Non-Relation Certificate duly filled & signed.
ix) Undertaking & declaration duly filled & signed
x) Documents stated in clause 10 of Section-4 Part A.
xi) Tender documents duly signed on all pages for having read it & accepted.
xii) Tender/ Bid form- Section 9 Part A
xiii) Electronic Form- Technical (in case of tenders invited through e-tendering process)
Note 5: Deleted

(i) Proof of the tender fee & EMD paid Power of Attorney, and Pass Phrase for both
Technical and financial bid should be submitted to the purchaser before the locking
period (Last date and time for bid submission).

(b) Financial envelope shall contain:


(i) Electronic Form- financial along with Price Schedule (Section 9 Part–B (I & II) with
all relevant bid annexure
(ii) Bid form- Price Schedule (Section 9 Part –B (I &II) duly filled & signed (in case of tenders
invited through manual bidding process).

Read Understood and complied by 7


Signature of the Bidder
Note 6:- In case of e-tendering, the following documents are required to be submitted offline (i.e. offline
submissions) to AGM(MM ), O/o CGMT, BSNL, Kerala Circle, Trivandrum-33 on or before
the date & time of submission of bids in a sealed envelope.
The envelope shall bear the tender number, name of work and the phrase: “Do Not Open Before
(due date & time of opening of tender).
i) EMD – Bid security (original copy)
ii) DD/ Banker‟s cheque of Tender fee
iii) Power of Attorney in accordance with clause 14.4 of section 4 Part A and authorization for
executing the power of Attorney.
iv) Integrity Pact (if applicable)

Submission of Hard copy of all the documents in 3(a) above except Proof of the tender fee &
EMD paid/ Power of Attorney, Pass Phrase for both Technical and financial bid not mandatory
but can be submitted offline to AGM(MM ), O/o CGMT, BSNL, Kerala Circle, Trivandrum-
33 if required.

In case of tenders invited under Single Envelope system, the envelope will contain both techno-
commercial & financial bid i.e. documents 3 (a) (i) to (xi) & 3 (b) (i) to (ii).

4. Payment terms : As per clause 11 of section-5 Part-A

6. Delivery Schedule: The delivery of goods and documents shall be completed in all respects within
six months from the date of issue of Advance Purchase Order. First two months will be lead period and the
quantity to be supplied will be 25% in third months, 25% in fourth month, 25% in fifth month & remaining
25% in sixth month. The actual delivery period shall be as per Purchase Order. Non-adherence of the above
mentioned delivery period will attract imposition of penalty as per terms of tender documents.

7. Consignee: The delivery of the equipment/Items shall be to the consignees at SSAs located
across Kerala circle. The concerned details of Consignees shall be specified in the PO.

******************

Read Understood and complied by 8


Signature of the Bidder
SECTION- 3 Part A

SCOPE OF WORK

A. General : SUPPLY OF 4F Aerial OF Cable (BSNL approved specifications as mentioned


in Section 3 Part B )
B. Scope of Work: SUPPLY OF 4F OPTICAL FIBRE DROP CABLE for FTTH
Application (G.657 A Fibre)

S. No. Quantity ( In KM)


Name of Item

4F OPTICAL FIBRE DROP CABLE


1 925 (Km)
(G.657 A Fibre)

SECTION- 3 Part B

TECHNICAL SPECIFICATIONS/ Requirements

A. General: Optical Fibre Drop Cable for FTTH Application (G.657A Fibre)

B. Technical specifications: BSNL approved specifications Technical Specifications issued


by NWP BB Cell, BSNL Corporate Office Letter No.32-64/2013-NWP-BB/FTTH dtd.
09.12.2013 & Addendum & Clarification dtd. 13.01.2014, 20.03.2014 and as mentioned
below:
I Cable Construction details BSNL approved Specifications

1 Number of fibres per tube 2 or 4

4F: Blue, Orange, Green & Brown


2 Colour of Fibre
2F: Blue & Orange

3 Loose tubes 1no.

4 Loose tube ID / OD 1.7/2.5mm + 0.1mm

5 Loose tube colour White

6 Peripheral Strength Member 1.0+0.1mm FRP Rod/ARP rod

Glass yarn. Glass yarn shall be 8kg/km(Min)


7 Peripheral Strength Member to meet the 500N tensile strength at 0.25%
strain level.

8 Outer sheath Thickness 2.0mm(nominal) HDPE black

9 Overall cable diameter 7.0 + 0.5mm

10 Cable weight 45.0 kgs ( nominal ) per km

Read Understood and complied by 9


Signature of the Bidder
11 Cable length 2.0 Kms + 10%

BSNL Kerala Circle , drum length, Fibre


12 Printing Details
count,

II Cable Mechanical Characteristics

1 Tensile strength 500N

2 Crush Resistance 2000N

3 Impact strength 5 NM

4 Torsion + 360 0

Short term 20XD


5 Minimum bend radius
Long term 24XD
Temperature Performance
III
1 Installation -200C to +700C

2 Service -100C to +700C

3 Storage -100C to +700C

IV Attenuation

1 At 1310 nm <0.38dB/Km

2 At 1550nm <0.25dB/Km

3 Maximum span length About 30m

V. Functional requirements

1. Cable shall work in saline atmosphere and shall be protected against corrosion.
2. Cable shall be suitable and compatible to match with all optical accessories ie. FDMS, Splice
closure, termination box, splitters etc.
3. Undertaking stating that the optical and mechanical fibre characteristics shall not change during
the life of the cable.

VI. Technical requirements;-

1. The optical fibre user for manufacturing the cable shall be Single Mode optical fibre as per
G.657A.
2. The fibre shall be source approved by CACT as per ORM GR no. TEC/GR/IX/ORM-01/04 SEP
2009 with latest Amendments.

Read Understood and complied by 10


Signature of the Bidder
VII. Cable Construction

VIII. Raw material used for manufacturing the cable

1. Loose tube material: Polypropylene / PBTP from CACT approved source against TEC ORM GR.
2. Filling Compound: THIXOTROPIC JELLY from CACT approved source against TEC ORM GR.
3. Peripheral strength members: Impregnated Glass Fibre yarn: from CACT approved source against
TEC ORM GR.
4. HDPE for outer sheath: from CACT approved source against TEC ORM GR.
5. Peripheral strength member: Two FRP / ARP rods in diagonally opposite embedded in the outer
HDPE sheath.
6. Rip Cord

IX. Cable Mechanical Characteristics

1. Repeated bending test


2. Kink test
3. Cable bend test: Diameter of the Mandrel Used for testing shall be 20D
4. Tests on loose tube
i) Embrittlement test ii) kink test iii) Drainage
5. Check of easy removal of sheath
6. Cable bend test at High and low temperatures- Diameter of the Mandrel used for testing shall be
20D

X. General
1. No fibre in the cable shall have any joint
2. Colour code: Blue, Orange, Green and Brown
3. Packing list
4. Cable shall meet the requirements of compatibility as per Cl. No.6.3.4 of latest issue Telecordia
GR-20-Core.

Note:- i) For all cable related tests, test methods and procedures of TEC GR No. GR/OFC-19/01 FEB 2009
for 1-12F Optical Fibre cable for FTTH application shall be followed.

(ii) For test methods for all Raw Materials, TEC GR on Raw material for manufacturing OFC
TEC/GR/TX/ORM-01/04 SEP 2009 with Amendment No.1 shall be followed.
The Technical Specification details can be obtained from:

(a) The Regional Telecom Engineering Centre


2nd Flr, Jnr Telephone Exge Bldg, 9th Mn,
35th Crs, 4th Blk, Jayanagar,
Bengaluru-560011

(b) Telecommunications Engineering Centre


Khurshidlal Bhavan Janpath
New Delhi–110001.

********************
Read Understood and complied by 11
Signature of the Bidder
SECTION-3 Part C
SCHEDULE OF REQUIREMENTS (SOR)

1. DESCRIPTION OF STORES: as detailed in table below:-

Quantity ( in KM)
S. No. Name of Item

1
4F Optical Fibre Drop Cable (G.657
925
A Fibre)
Note:- The bidder should quote the full quantity of the tendered item. The bid with
lesser quantity is liable to be rejected

Note: Bidder shall furnish the detailed Bill of Material (BOM) for each SOR item mentioned above. The
detailed Bill of Material should clearly mention all the components including quantities, constituting
the SOR item. The priced Bill of Material should be submitted in the envelope containing the price
bid and unpriced Bill of Material should be submitted in the envelope containing the techno-
commercial part. There should not be any difference in the items and quantities in the priced and the
unpriced BOMs.

Consignee: The delivery of the equipment/Items shall be to the consignees at SSAs located across
Kerala circle. The concerned details of Consignees shall be specified in the PO.

******************

Read Understood and complied by 12


Signature of the Bidder
SECTION-4 Part A

GENERAL INSTRUCTIONS TO BIDDERS (GIB)


1.0 DEFINITIONS
(a) "The Purchaser" means the Bharat Sanchar Nigam Ltd. (BSNL), Trivandrum
(b) "The Bidder" means the individual or firm who participates in this tender and submits its
bid.
(c) "The Supplier" or “The Vendor” means the individual 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. "Telecom
Service Provider" also refers to any Telecom operator in other countries providing telecom
services to general public of that country or to other telecom operators of the same country.
(j) “Successful Bidder(s)” means the bidder(s) to whom work in this tender is awarded.
2.0 ELIGIBILITY CONDITIONS:
2.1 Kindly refer to clause 4 of Section – 1 i.e. Detailed NIT.
3.0 COST OF BIDDING
3.1 The bidder shall bear all costs associated with the preparation and submission of the bid. The
Purchaser will, in no case, be responsible or liable for these costs, regardless of the conduct or
outcome of the bidding process.
4.0 DOCUMENTS REQUIRED
4.1 The goods required to be supplied; bidding procedures and contract terms and conditions are
prescribed in the Bid Documents. The contents of the Bid documents are specified in the covering
letter.
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.
5.0 CLARIFICATION OF BID DOCUMENTS
5.1. A prospective bidder, requiring any clarification on the Bid Documents shall notify the Purchaser in
writing by FAX or by Email of the Purchaser as indicated in the invitation of Bid. The Purchaser
shall respond in writing to any request for the clarification of the Bid documents, which it receives
15 days prior to the date of opening of the Tenders.
Copies of the query (without identifying the source) and clarifications by the Purchaser shall be sent
to all the prospective bidders who have received the bid documents.
5.2 Any clarification issued by BSNL in response to query raised by prospective bidders shall form an

Read Understood and complied by 13


Signature of the Bidder
integral part of bid documents and shall amount to an amendment of the relevant clauses of the bid
documents.
6.0 AMENDMENT OF BID DOCUMENTS
6.1 The Purchaser may, for any reason, whether at its own initiative or in response to a clarification
requested by a prospective bidder, may modify bid documents by amendments prior to the date of
submission of Bids with due notification to prospective bidders.
6.2 The amendments shall be notified in writing by FAX or Email or by Addendum through e-tendering
portal ( for tenders invited through e-tendering process)to all prospective bidders on the address
intimated at the time of purchase of the bid document from the purchaser and these amendments
will be binding on them.
6.3 In order to afford prospective bidders a reasonable time to take the amendment into account in
preparing their bids, the purchaser may, at its discretion, extend the deadline for the submission of
bids suitably.
7.0 DOCUMENTS COMPRISING THE BID
The bid prepared by the bidder shall ensure availability of the following components:
(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 of this section.
(c) A Clause by Clause compliance as per clause 11.2 (c) of this section.
(d) A Bid form and price schedule completed in accordance with clause 8 & 9.of this section.

8.0 BID FORM


8.1 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.
9.0 BID PRICES
9.1 The bidder shall give the total composite price inclusive of all Levies & Taxes i.e. Custom Duty,
Goods & Services Tax on packing, forwarding, freight and insurance etc. The basic unit price and
all other components of the price need to be individually indicated up to two decimal points only
against the goods it proposes to supply under the contract as per the price schedule given in Section
9 Part B(I&II). Prices of incidental services should also be quoted. The offer shall be firm in Indian
Rupees. No Foreign exchange will be made available by the purchaser.
9.2 Prices indicated in the Price Schedule shall be entered in the following manner:
(a) The Basic Unit price (Ex-Factory Price) of the goods, CIF, Assesible Value, BCD, Cesses,
IGST, Freight, Forwarding, Packing, Insurance, GST( CGST, SGST, IGST) on Freight already
paid or payable by the supplier shall be quoted separately item wise.
(b) The supplier shall quote as per price schedule given in Section 9 part B for all the items given in
schedule of requirement at Section 3 part C.
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 "DISCOUNT if any, offered by the bidders shall not be considered unless specifically indicated in
the price schedule. Bidders desiring to offer discount shall therefore modify their offers suitably
while quoting and shall quote clearly net price taking all such factors like Discount, free supply, etc.
into account".
9.6 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.

9.7 The freight by sea for transportation of equipment/Stores from the nearest port in the main land to

Read Understood and complied by 14


Signature of the Bidder
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.

10.0 DOCUMENTS ESTABLISHINGBIDDER'S ELIGIBILITY AND QUALIFICATION


10.1 The bidder shall furnish, as part of the bid documents establishing the bidder's eligibility, the following
documents or whichever is required as per terms and conditions of Bid Documents.
a) Valid MSE Certificate, if applicable. 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 Form QF
103 be attached).
c) Inspection Certificate issued by BSNL (QA) as Proof of Execution of educational/ Commercial
Order.
d) Additional documents to establish the eligibility and qualification of bidder as specified in
Section-I and Section-4 Part B.
e) Power of Attorney as per clause 14.3 (a) and (d) and authorization for executing the power of
Attorney as per clause 14.3 (b) or (c) of this section.
f) Documentary proof of GST registration..
g) 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.
h) Certificates from all Directors of the bidder stating that none of their near relatives are working
in BSNL in accordance with clause 34.
i) Certificate of incorporation.
j) Article or Memorandum of Association or partnership deed or proprietorship deed as the case
may be.
k) 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.
l) Registration certificate from State Director of Industries or from Secretariat for Industrial
Assistance (SIA), Ministry of Industries, Government of India.
m) Approval from Reserve Bank of India/ SIA in case of foreign collaboration.
n) Valid PAN No.
Note 1: Documents at S. No 10.1(g)), (k), (l), (m) are applicable in case of tenders with estimated cost more
than Rs 1 Crore.
10 .2 Documentary evidence for financial and technical capability
a) The bidder shall furnish latest Annual Report/Audited annual account 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 The offered product has to be type approved. For this purpose, the supplier shall submit a sample
type for evaluation. The sample would be evaluated for its ability to meet the technical
specifications, manufacturability, reliability, testability, ease of installation, maintainability etc.
Necessary documents to substantiate these attributes will have to be submitted at the time of
application for approval by the supplier for obtaining type approval. Or In case goods offered have
already been type approved/ validated by the Purchaser, documentary evidence to this effect shall be
submitted by the bidder.
10. 5 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.
10.6. 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.
10.7 Documentary evidence/ Declaration to the effect that the type of software to be utilized in the

Read Understood and complied by 15


Signature of the Bidder
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 consideration paid or payable for
transfer of right to use such goods subject to provisions laid down in Central Excise/Custom
Notifications”.

11.0 DOCUMENTS ESTABLISHING GOODS’ CONFORMITY TO BID DOCUMENTS


11.1 Pursuant to clause 7, the bidder shall furnish, as part of its bid, documents establishing the
conformity of its bid to the Bid Documents of all goods and services which he proposes to supply
under the contract.
11.2 The documentary evidences of the "goods and services" conformity to the Bid Documents may be,
in the form of literature, drawings, data etc. and the bidder shall furnish:
(a) a detailed description of goods with essential technical and performance characteristics;
(b) 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 a period of three years 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
Scope of Work, Technical Specifications, SOR (Section-3 Part A, B & C), General
(Commercial) Conditions & Special (Commercial) Conditions, General Conditions of
AMC (Section-5 Part A, B & C) shall not be considered.
11.3 For the purpose of compliance to be furnished pursuant to the clause11.2(c) above, the bidder shall
note that the standards for the workmanship, material and equipment and reference to the brand
names or catalogue number, designated by the Purchaser in its Technical specifications are intended
to be descriptive only and not restrictive.
12.0 BID SECURITY / EMD
12.1 The bidder shall furnish, as part of its bid, a bid security as mentioned in Section-1(DNIT).

12.2 The MSE bidders are exempted from payment of bid security:
a) A proof regarding valid registration with body specified by Ministry of Micro, Small &
Medium Enterprise for the tendered items will have to be attached along with the bid.
b) The enlistment certificate issued by MSME should be valid on the date of opening of tender.
c) MSE unit is required to submit its monthly delivery schedule.
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.
12.3 The bid security is required to protect the purchaser against the risk of bidder's conduct,
Which would warrant the forfeiture of bid security pursuant to Para 12.7.
12.4. A bid not secured in accordance with Para 12.1 & 12.2 shall be rejected by the Purchaser being
non-responsive at the bid opening stage and archived unopened on e-tender portal for e-tenders and
returned to the bidder unopened(for manual bidding process)
12.5 The bid security of the unsuccessful bidder will be discharged/ returned as promptly as
possible and within 30 days of finalization of the tender or expiry of the period of the bid validity
period prescribed by the purchaser pursuant to clause 13 of this section
12.6 The successful bidder's bid security will be discharged upon the bidder's acceptance of the advance
purchase order satisfactorily in accordance with clause 27 and furnishing the performance security,
except in case of L-1 bidder, whose EMBG/EMD shall be released only after the finalization of
ordering of complete tendered quantity in pursuance to clause no. 24.4 & 27.3 of this section..
12.7 The bid security may be forfeited:
a) If the bidder withdraws or amends its bid or impairs or derogates from the bid in any respect
during the period of bid validity specified by the bidder in the bid form or extended
Read Understood and complied by 16
Signature of the Bidder
subsequently; or
b) 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.

13.0 PERIOD OF VALIDITY OF BIDS


13 .1 Bid shall remain valid for period specified in clause 2 of Tender Information. A bid valid for a
shorter period shall be rejected by the purchaser being non-responsive.
13.2 In exceptional circumstances, the purchaser may request the consent of the bidder for an extension
to the period of bid validity. The request and the response thereto shall be made in writing. The bid
security provided under clause 12 shall also be suitably extended. The bidder may refuse the request
without forfeiting its bid security. A bidder accepting the request and granting extension will not be
permitted to modify its bid.
14.0 FORMAT AND SIGNING OF BID
14.1. The bidder shall submit his bid, online, complying all eligibility conditions, other terms and
conditions of tender document to be read along with the clarifications and amendments issued in
this respect. All the documents must be authenticated, using Digital Signature by the authorized
person. The letter of authorization shall be indicated by written power-of-attorney accompanying
the bid.
14.2. The bid shall contain no interlineations, erasures or overwriting except as necessary to correct errors
made by the bidder in which case such corrections shall be signed by the person or persons signing
the bid. All pages of the original bid, except for un-amended printed literatures, shall be digitally
signed by the person or persons signing the bid.
14.3 Power of Attorney
(a) The power of Attorney in the prescribed Proforma should be submitted and executed on the
non-judicial stamp paper of appropriate value as prevailing in the concerned states(s) and the
same be attested by a Notary public or registered before Sub-registrar of the state(s)
concerned.
(b) The power of Attorney be executed by a person who has been authorized by the Board of
Directors of the bidder in this regard, on behalf of the Company/ institution/ Body corporate.
(c) In case of the bidder being a firm, the said Power of Attorney should be executed by all the
partner(s) in favour of the said Attorney.
(d) Attestation of the specimen signatures of such authorized signatory of the bid by the
Company‟s/ firm‟s bankers shall be furnished. Name, designation, Phone number, mobile
number, email address and postal address of the authorized signatory shall be provided.
14.4 In case the representative of the bidder company, who uploads the documents on e-
tender portal using his Digital Signature Certificate (DSC), is different from the authorized
signatory for the bid (Power of Attorney holder) then the representative who uploads the
documents on e-tender portal using DSC issued in his name, shall also be made as one of the
Power of Attorney holder by the bidder Company, in addition to the authorized signatory for
the bid.

15.0 SEALING AND MARKING OF BIDS (Not relevant in case of E-Tender)


15.1 The bid should be submitted as per Clause 3 of Tender Information (Section-2).
15.1.1 The bids may be called under
Single Stage Bidding & Two Envelope System
The details of sealing & marking of bids in each case is given below:
15.1.2 Deleted
15.1.3 In Single stage bidding & two envelopes system, the bidder shall submit his bid in two envelopes;
The First envelope will be named as Techno-commercial bid. This envelope will contain
documents of bidder‟s satisfying the eligibility / Technical & commercial conditions as per clause
2 & 10 of this section with Bid Security as per Clause 12 of this section. Second envelope will be
named as Financial bid containing Price Schedules as per Section 9 Part B (I&II).
The cover of first envelope shall contain the „Original Copy‟ of the Techno-commercial bid,
subject to clause 14.2 of this section, duly marked ' TECHNO-COMMERCIAL BID '. The cover

Read Understood and complied by 17


Signature of the Bidder
of second envelope shall contain the „Original Copy‟ of the financial bid, subject to clause 14.2,
duly marked ' FINANCIAL BID '.
Both the envelopes should be sealed separately and further kept in a single main envelope under
the personal seal of the bidder.
15.2 a) The envelopes shall be addressed to the purchaser inviting the tender.
The Purchaser Address shall be:
AGM (MM) ,
O/o CGMT, BSNL, Kerala Circle
PMG Junction, Trivandrum, Kerala- 695 033.
b) The envelope shall bear the name of the tender, the tender number and the words 'DO NOT OPEN
BEFORE' (due date & time).
c) The inner and outer 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'.
d) Tender 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.
e) Bids delivered in person on the day of tender opening shall be delivered up to specified time & date
as stated in NIT to AGM (MM ) ,O/o CGMT, BSNL, Kerala Circle,
PMG Junction, Trivandrum, Kerala- 695 033.
. The purchaser shall not be responsible if the bids are delivered elsewhere.
f) Venue of Tender Opening:
(i) Video conference hall, 6th floor O/o CGMT,
BSNL, Kerala Circle Trivandrum-33 at specified time & date as stated in NIT.
(ii) If due to administrative reasons, the venue of Bid opening is changed, it will be
displayed prominently on Notice Board, on the ground Floor of O/o CGMT, BSNL, Kerala
Circle , Trivandrum-33.and the most probable venue will be in the chamber of AGM (MM
) ,O/o CGMT, BSNL, Kerala Circle,
15.3 If both the envelopes are not sealed and marked as required at para 15.1 and 15.2, the bid shall be
rejected.
16. 0 SUBMISSION OF BIDS
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.

17.0 LATE BIDS


17.1 No bid shall be accepted either online by E-Tender Portal or physically in case of manual bidding
process after the specified deadline for submission of bids prescribed by the purchaser.

18 MODIFICATION AND WITHDRAWAL OF BIDS


18.1. The bidder may modify, revise or withdraw his bid after submission prior to deadline prescribed
for submission of bid.
18.2 The bidder‟s modification, revision or withdrawal shall have to be online and digitally
authenticated (in case of e-tendering) &Further, the hard copies must also be furnished
18.3 Subject to clause 20 of this section, no bid shall be modified subsequent to the deadline for
submission of bids.

19.0 OPENING OF BIDS BY PURCHASER


19.1 The purchaser shall open bids online (in case of e-Tenders) or physically (in case of manual bidding
process) in the presence of the authorized representatives of bidders online (in case of e-Tenders) or
physically present (in case of e-Tenders as well as manual bidding process) who chose to attend, at

Read Understood and complied by 18


Signature of the Bidder
time & date specified in Clause 7 of DNIT (Section-1) on due date.
The bidder's representatives, who are present, shall sign in an attendance register. Authority letter to
this effect shall be submitted by the authorized representatives of bidders before they are allowed to
participate in bid opening (A Format is given in section 7 Part C .

19.2 A maximum of two representatives of any bidder shall be authorized and permitted to attend the bid
opening.
19.3 Name of envelopes to be opened & information to be read out by Bid Opening Committee
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 AGM (MM) O/o CGMT, BSNL, Kerala Circle Trivandrum-695033 for
retention.
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.
(i) The following information should be read out at the time of Techno-commercial bid
opening:-
a) Name of the Bidder
b) Name of the item
c) EMD amount & validity and acceptability
d) Information in respect of eligibility of the bidder.
e) Details of bid modification/ withdrawal, if applicable.
(ii) The following information should be read out at the time of Financial bid opening:-
a) Name of the Bidder
b) Name of the item
c) Quantities/prices quoted in the bid
d) Discount, if offered
e) Taxes & levies

19.4 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.
20.0 CLARIFICATION OF BIDS
20.1 To assist in the examination, evaluation and comparison of bids, the purchaser may, at its discretion
ask the bidder for the clarification of its bid. The request for the clarification and the response shall
be in writing. However, no post bid clarification at the initiative of the bidder shall be
entertained.
20.2 If any of the documents, required to be submitted along with the technical bid is found wanting, the
offer is liable to be rejected at that stage. However the purchaser at its discretion may call for any
clarification regarding the bid document within a stipulated time period. In case of non compliance to
such queries, the bid will be out rightly rejected without entertaining further correspondence in this
regard.

21.0 PRELIMINARY EVALUATION


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.
21.3 If there is a discrepancy between words and figures, the amount in words shall prevail. If the supplier

Read Understood and complied by 19


Signature of the Bidder
does not accept the correction of the errors, its bid shall be rejected.
21.4 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.

21.5 A bid, determined as substantially non-responsive will be rejected by the purchaser and shall not
subsequent to the bid opening be made responsive by the bidder by correction of the non-
conformity.
21.6 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 EVALUATION AND COMPARISON OF SUBSTANTIALLY RESPONSIVE BIDS


22.1 The Purchaser shall evaluate in detail and compare the bids previously determined to be
substantially responsive pursuant to clause 21 of this section.
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 Part-I (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 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 or Customs authority where the HSN or SAC classification/ Customs Tariff Head
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 / Customs
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.
Read Understood and complied by 20
Signature of the Bidder
(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.

23.0 CONTACTING THE PURCHASER


23.1 Subject to Clause 20, no bidder shall try to influence the Purchaser on any matter relating to its bid,
from the time of the bid opening till the time the contract is awarded.
23.2 Any effort by a bidder to modify its bid or influence the purchaser in the purchaser's bid evaluation,
bid comparison or contract award decision shall result in the rejection of the bid.

24.0 PLACEMENT OF ORDER


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.
24.3 The purchaser reserves the right for the placement of order of entire tendered quantity on the bidder
with the lowest evaluated price.
24.4 In the event of L2 and so on bidders refusing to accept its package de rated to the price of L1
bidder, BSNL reserves the right to place the order for entire quantity to the L1 bidder. It is
mandatory for the L1 bidder to accept such an offer (second APO) at evaluated L-1 price and shall
perform the whole contract as envisaged in the tender document. The additional quantity, due to
non-acceptance of respective quantity by L2 and/or L3 and so on bidders, as envisaged in clause3
(Distribution of Quantity) in section 4 Part B, shall be supplied by the L-1 bidder as part of whole
contract.
25. PURCHASER'S RIGHT TO VARY QUANTITIES
(a) BSNL reserves the right to increase or decrease up to 25% 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 contract.
(b) 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 twelve 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 impact of reduction in
duties and taxes etc and supplies to be obtained within delivery period scheduled afresh.
( c ) In exceptional situation where the requirement is of an emergent nature and it is necessary to
ensure continued supplies from the existing venders, the purchaser reserves the right to
place repeat order up to 100% of the quantities of goods and services contained in the
running tender /contract within a period of twelve 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
impact of reduction in duties and taxes etc. Exceptional situation and emergent nature
should be spelt out clearly detailing the justification as well as benefits accrued out of it and
loss incurred in case this provision is not invoked and approved by the authority competent
to accord administrative and financial approval for the procurement calculated on the basis of
total procurement i.e. initial and proposed add-on quantity.

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

Read Understood and complied by 21


Signature of the Bidder
without thereby incurring any liability to the affected bidder or bidders on the grounds of
purchaser‟s action.
27. ISSUE OF ADVANCE PURCHASE ORDER

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.
27.3 L-1 bidder may be issued Advanced Purchase Order (APO) in two stages. The first APO shall be
issued for L-1 quantity as defined in clause above. The second APO may be issued to L-1 bidder
only when the Purchaser exercises the right for placement of order on balance tendered quantity on
the bidder with the lowest evaluated price in conformity to Clause 24.3 & 24.4 of Section 4 Part A.

28. SIGNING OF CONTRACT


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. 24.4 & 27.3 of this section..
29. ANNULMENT OF AWARD
Failure of the successful bidder to comply with the requirement of clause 27 & 28 shall constitute
sufficient ground for the annulment of the award and the forfeiture of the bid security in which
event the Purchaser may make the award to any other bidder at the discretion of the purchaser or
call for new bids.
30. QUALITY ASSURANCE REQUIREMENTS
The supplier shall have Quality Management System supported and evidenced by the following:
a) A Quality Policy.
b) A management representative with authority and responsibility for fulfilling QA
requirements and for interfacing with purchaser in the matters of Quality.
c) Procedure for controlling design/ production engineering, materials, choice of
components/vendors, manufacturing and packaging process for supplying quality products.
(d) System of Inward Good Inspection.
(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.
(g) Configuration management and change-control mechanism.
(h) A quality plan for the product.
(i) Periodical internal quality audits.
(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. REJECTION OF BIDS
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.
b) Clause 2 & 10 of Section-4Part A: If the eligibility condition as per clause 2 of Section 4
Part A is not met, the bids will be rejected without further evaluation.
c) Clause 11.2(c) of Section-4 Part A. If Clause by clause compliance as well as
deviation statements as prescribed are not given, the bid will be rejected at the stage
of primary evaluation itself
d) While giving compliance to Section-5 Part A, General Commercial conditions, Section-4
Read Understood and complied by 22
Signature of the Bidder
Part B, Special Instructions to Bidders, Section-5B Special (Commercial) Conditions of
Contract and Section-3 Technical Specifications ambiguous words like "Noted",
"Understood", “Noted & Understood" shall not be accepted as complied. Mere "Complied"
will also be not sufficient, reference to the enclosed documents showing compliances must
be given.
e) Section-9 Price Schedule: Prices are not filled in as prescribed in price schedule.
f) Section-4 Part A clause 9.5 on discount which is reproduced below:-
"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".
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.
32. ACTION BY PURCHASER AGAINST BIDDER(S)/ VENDOR(S) IN CASE OF DEFAULT.
In case of default by Bidder(s)/ Vendor(s) such as
a) Does not supply the equipment in time;
b) Equipment does not perform satisfactory in the field in accordance with the specifications;
c) Or any other default whose complete list is enclosed in Appendix-1.
Purchaser will take action as specified in Appendix-1 of this section.
33. Clause deleted.

34. NEAR-RELATIONSHIP CERTIFICATE


34.1. The bidder should give a certificate that none of his/ her near relative, as defined below, is working in
the units where he is going to apply for the tender. In case of proprietorship firm certificate will be
given by the proprietor. For partnership firm certificate will be given by all the partners and in case
of limited company by all the Directors of the company excluding Government of India/ Financial
institution nominees and independent non-Official part time Directors appointed by Govt. of India
or the Governor of the state and full time Directors of PSUs both state and central. Due to any
breach of these conditions by the company or firm or any other person the tender will be cancelled
and Bid Security will be forfeited at any stage whenever it is noticed and BSNL will not pay any
damage to the company or firm or the concerned person.
34.2. The Company or firm or the person will also be debarred for further participation in the concerned unit.
34.3 The near relatives for this purpose are defined as:-
(a) Members of a Hindu undivided family.
(b) They are husband and wife.
Read Understood and complied by 23
Signature of the Bidder
(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).
34.4 The format of the certificate is given in Section 6 (B)
35. VERIFICATION OF DOCUMENTS AND CERTIFICATES
The bidder will ensure that all the documents and certificates, including experience/ performance
and self certificates submitted by him are correct and genuine before enclosing them in the bid. The
onus of proving genuineness of the submitted documents would rest with the bidder. If any
document/ paper/ certificate submitted by the participant bidder is found / discovered to be false /
fabricated / tempered / manipulated either during bid evaluation or during award of contract or
thereafter, then the Purchaser will take action as per Clause-1 of Appendix-1 of this section.

Note for Tender opening Committee:


At the time of tender opening, the TOC will check/ verify that the documents conforming to
eligibility part are submitted by the participant bidder duly authenticated by the authorized signatory
to obviate any possibility of doubt and dispute and maintain veracity of the documents / papers/
certificates.
The documents/ papers to be submitted in respective bid part have been explicitly stated in clause- 7
of Section-4 Part A.
This opened bid part which is already signed by the authorized representative of the bidder company
during bid submission will be signed by the tender opening committee on hard copy and preserve it
along with the bids received online in case of e-tendering.
These papers will be treated as authentic one, in case of any dispute
36. Security Clause as per latest guidelines and requirement
Mandatory Licensing requirements with regards to security related concerns issued by the
Government of India from time-to-time shall be strictly followed and appropriate clauses shall be
added in all bid documents. Necessary guidelines in this regard shall be issued separately.

37. Reservation/ Procurement from MSE units: The guidelines / instructions / laws issued vide D.O.
th
no 21(1) -2011-M.A..April 25 , 2012 from Ministry of Micro, Small & Medium Enterprise
(MSME) with respect to provisions for Micro & Small Enterprises (MSEs) shall be followed.
37.1 CONCESSIONS TO MSE UNITS: The guidelines, issued by Ministry of Micro, Small & Medium
Enterprise (MSME), Government of India regarding concessions for Micro& Small Enterprise Units
registered with District Industries Centres or Khadi & Village Industries Commission or Khadi & Village
Industries Board or Coir Board or National Small Industries Corporation(NSIC) or Directorate of Handicrafts
& Handloom or any other body specified by Ministry of Micro, Small & Medium Enterprise, have been
considered by the BSNL (Corporate Office) and it has been decided that these units shall be allowed the
following concessions.
1. Supply of Tender Documents: The tender documents shall be issued to MSE bidders free of cost
provided the tendered item is listed in the Registration Certificate of MSE.
2. Exemption from payment of Bid Security deposit /Earnest Money Deposit
The MSE units registered with bodies as detailed in para 37.1 above shall be given exemption from
payment of Bid Security deposit provided the tendered item is listed in the Registration Certificate of
MSE.
a) A proof regarding current registration with bodies as detailed in para 371 above for the tendered items
will have to be attached along with the bid.
b) The enlistment certificate issued by bodies as detailed in para 37.1 should be current & valid on the
date of opening of bid.

*****************

Read Understood and complied by 24


Signature of the Bidder
Appendix-1 to Section 4 Part A of Chapter 4
(Standard Tender Enquiry Document)
S. Defaults of the bidder / vendor. Action to be taken
No.
A B C
1(a) Submitting fake / forged i) Rejection of tender bid of respective Vendor.
ii) Banning of business for 3 years which implies
a) Bank Instruments with the bid to barring further dealing with the vendor for
meet terms & condition of tender in procurement of Goods & Services including
respect of tender fee and/ or EMD; participation in future tenders invited by BSNL for 3
b) Certificate for claiming exemption years from date of issue of banning order.
in respect of tender fee and/ or EMD; iii) Termination/ Short Closure of PO/WO, if issued.
and detection of default at any stage This implies non-acceptance of further supplies /
from receipt of bids till award of APO/ work & services except to make the already received
issue of PO/WO. material work/ complete work in hand.
Note 1:- However, in this case the performance guarantee if alright will not be forfeited.

Note 2:- Payment for already received supplies/ completed work shall be made as per terms &
conditions of PO/ WO.
1(b) Submitting fake / forged documents
towards meeting eligibility criteria
such as experience capability, supply
proof, registration with Sales Tax,
Income Tax departments etc and as
supporting documents towards other
terms & conditions with the bid to meet
terms & condition of tender :
(i) If detection of default is prior to i) Rejection of Bid &
award of APO ii) Forfeiture of EMD.
(ii) If detection of default after issue of i) Cancellation of APO ,
APO but before receipt of PG/ SD ii) Rejection of Bid &
(DD,BG etc.) iii) Forfeiture of EMD.
1(b) (iii) If detection of default after receipt i) Cancellation of APO
cont of PG/ SD (DD,BG etc.) . ii) Rejection of Bid &
d. iii) Forfeiture of PG/ SD.
However on realization of PG/ SD amount, EMD, if
not already released shall be returned.
(iv) If detection of default after issue i) Termination/ Short Closure of PO/WO and
of PO/ WO Cancellation of APO
ii) Rejection of Bid &
iii) Forfeiture of PG/ SD.
However on realization of PG/ SD amount, EMD, if
not released shall be returned.
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.

Read Understood and complied by 25


Signature of the Bidder
S. Defaults of the bidder / vendor. Action to be taken
No.
A B C
2 If vendor or his representative uses
violent/ coercive means viz. Physical / Banning of business for 3 years which implies
Verbal means to threatens BSNL Barring further dealing with the vendor for
Executive / employees and/ or obstruct procurement of Goods & Services including
him from functioning in discharge of participation in future tenders invited by BSNL for 3
his duties & responsibilities for the years from date of issue of banning order.
following :
a) Obstructing functioning of tender
opening executives of BSNL in receipt/
opening of tender bids from
prospective Bidders, suppliers/
Contractors.
b) Obstructing/ Threatening other
prospective bidders i.e. suppliers/
Contractors from entering the tender
venue and/ or submitting their tender
bid freely.
3 Non-receipt of acceptance of APO/ Forfeiture of EMD.
AWO and SD/ PG by L-1 bidder
within time period specified in APO/
AWO.
4.1 Failure to supply and/ or Commission i) Termination of PO/ WO.
the equipment and /or execution of the ii) Under take purchase/ work at the risk & cost
work at all even in extended delivery of defaulting vendor.
schedules, if granted against PO/ WO. iii) Recover the excess charges if incurred from the
PG/ SD and outstanding bills of the defaulting
Vendor.
4.2 Failure to supply and/ or Commission i) Short Closure of PO/ WO to the quantity already
the equipment and /or execution of the received by and/ or commissioned in BSNL and/ or
Work in full even in extended delivery in pipeline provided the same is usable and/or the
schedules, if granted against PO/ WO. Vendor promises to make it usable.
ii) Under take purchase/ work for balance quantity
at the risk & cost of defaulting vendor.
iii) Recover the excess charges if incurred from the
PG/ SD and outstanding bills of the defaulting
Vendor.
5.1 The supplied equipment does not i) If the material is not at all acceptable, then return
perform satisfactory in the field in the non-acceptable material (or its part) & recover its
accordance with the specifications cost, if paid, from the o/s bills/ PG/ SD.
mentioned in the PO/ WO/Contract. OR
ii) If the material is inducted in network & it is not
possible to return it and/ or material is acceptable
with degraded performance, the purchaser may
determine the price for degraded equipment
(Financial penalty = Price – price determined for
degraded equipment) himself and/ or through a
committee.
Undertake recovery of financial penalty from
outstanding dues of vendor including PG/ SD.

Read Understood and complied by 26


Signature of the Bidder
S.
Defaults of the bidder / vendor. Action to be taken
No.
A B C
5.2 Major quality problems (as established i) If the material is not at all acceptable, then return
by a joint team / committee of User the non-acceptable material (or its part) & recover its
unit(s) and QA Circle) / performance cost, if paid, from the o/s bills/ PG/ SD;
problems and non-rectification of OR
defects (based on reports of field units ii) If the material is inducted in network & it is not
and QA circle). possible to return it and/ or material is acceptable
with degraded performance, the purchaser may
determine the price for degraded equipment
(Financial penalty = Price – price determined for
degraded equipment) himself and/ or through a
committee.
Undertake recovery of financial penalty from
outstanding dues of vendor including PG/ SD;
and
iii) Withdrawal of TSEC/ IA issued by QA Circle.

6 Submission of claims to BSNL against i) Recovery of over payment from the outstanding
a contract dues of Vendor including EMD/ PG & SD etc. and
by invoking „Set off‟ clause 21 of Section 5 Part A or
(a) for amount already paid by BSNL .
by any other legal tenable manner.
(b) for Quantity in excess of that ii) Banning of Business for 3 years from date of
supplied by Vendor to BSNL. issue of banning order or till the date of recovery of
over payment in full, whichever is later.
c) for unit rate and/ or amount higher
than that approved by BSNL for that
purchase.
Note 5:- The claims may be submitted with or without collusion of BSNL Executive/
employees.
Note 6:- This penalty will be imposed irrespective of the fact that payment is disbursed by
BSNL or not.
7 Network Security/ Safety/ Privacy:- If i) Termination of PO/ WO.
the vendor tampers with the hardware, ii) Banning of business for 3 years which implies
software/ firmware or in any other way barring further dealing with the vendor for
that procurement of Goods & Services including
participation in future tenders invited by BSNL for 3
a) Adversely affects the normal years from date of issue of banning order.
working of BSNL equipment(s) iii) Recovery of any loss incurred on this account
and/ or any other TSP through from the Vendor from its PG/ SD/ O/s bills etc.
BSNL.
b) Disrupts/ Sabotages functioning of iv) Legal action will be initiated by BSNL against
the BSNL network equipments the Vendor if required.
such as exchanges, BTS, BSC/
MSC, Control equipment including
IN etc., transmission equipments
but not limited to these elements
and/ or any other TSP through
BSNL.

Read Understood and complied by 27


Signature of the Bidder
S.
Defaults of the bidder / vendor. Action to be taken
No.
A B C

c) tampers with the billing related


data/ invoicing/ account of the
Customer/ User(s) of BSNL and/
or any other TSP(s).
7 d) hacks the account of BSNL iv) Legal action will be initiated by BSNL against the
Cont Customer for unauthorized use i.e. Vendor if required.
d.. to threaten others/ spread improper
news etc.

e) undertakes any action that affects/


endangers the security of India.

i) Termination/ Short Closure of the PO/ WO.


ii) Settle bills for the quantity received in correct
quantity and quality if pending 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
If the vendor is declared bankrupt or commissioned and is usable without any
insolvent or its financial position has degradation of performance, then settle bills for
8 become unsound and in case of a the acceptable equipment/ material (or its part).
limited company, if it is wound up or v) In case of turnkey projects, if the material is
it is liquidated. 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.

i) Termination/ Short Closure of the PO/ WO.


ii) Settle bills for the material received in correct
quantity and quality if pending items do not affect
working or use of supplied items.
In the event of the vendor, its
proprietor, Director(s), partner(s) is /
iii) No further supplies are to be accepted except
are convicted by a Court of Law
9 that required to make the already supplied items
following prosecution for offences
work.
involving moral turpitude in relation
to the business dealings.
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).

Read Understood and complied by 28


Signature of the Bidder
S.
No. Defaults of the bidder / vendor. Action to be taken
A B C
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
9 price for degraded equipment (Financial penalty =
Cont Price – price determined for degraded equipment)
d.. himself and/ or through a committee.
Undertake recovery of financial penalty from
outstanding dues of vendor including PG/ SD.

If the vendor does not return/ refuses to i) Take action to appoint Arbitrator to adjudicate the
return BSNL‟s dues: dispute.

i) Termination of contract, if any.


ii) Banning of business for 3 years which implies
barring further dealing with the vendor for
procurement of Goods & Services including
participation in future tenders invited by BSNL from
a) Inspite of order of Arbitrator. date of issue of banning order or till the date by
which vendor clears the BSNL‟s dues, whichever is
later.
10
iii) Take legal recourse i.e. filing recovery suite in
appropriate court.

i) Termination of contract, if any.


ii) Banning of business for 3 years which implies
barring further dealing with the vendor for
procurement of Goods & Services including
b) inspite of Court Orders.
participation in future tenders invited by BSNL from
date of issue of banning order or till the date by
which vendor clears the BSNL‟s dues, whichever is
later.
11 If the Central Bureau of Investigation/ Take Action as per the directions of CBI or
Independent External Monitor (IEM) / concerned department.
Income Tax/ Sales Tax/ Excise /
Custom Departments recommends such
a course
12 The following cases may also be
considered for Banning of business: i) Banning of business for 3 years which implies
(a) If there is strong justification for Barring further dealing with the vendor for
believing that the proprietor, manager, procurement of Goods & Services including
MD, Director, partner, employee or participation in future tenders invited by BSNL for 3
representative of the vendor/ supplier years from date of issue of banning order.
has been guilty of malpractices such as
bribery, corruption, fraud, substitution
of tenders, interpolation,
misrepresentation with respect to the
contract in question.

Read Understood and complied by 29


Signature of the Bidder
S.
Defaults of the bidder / vendor. Action to be taken
No.
A B C
12 (b) If the vendor/ supplier fails to
Cont execute a contract or fails to execute it
d.. satisfactorily beyond the provisions of
Para 4.1 & 4.2.

(c) If the vendor/ supplier fails to i) Banning of business for 3 years which implies
submit required documents/ Barring further dealing with the vendor for
information, where required. procurement of Goods & Services including
participation in future tenders invited by BSNL for 3
years from date of issue of banning order.

(d) Any other ground which in the


opinion of BSNL is just and proper to
order for banning of business dealing
with a vendor/ supplier.

Note 7: The above penalties will be imposed provided it does not clash with the provision of the
respective tender.
Note 8:-In case of clash between these guidelines & provision of invited tender, the provision in the
respective tender shall prevail over these guidelines.
Note 9: Banning of Business dealing order shall not have any effect on the existing/ ongoing works/
AMC / CAMC which will continue along with settlement of Bills.

*********************

Read Understood and complied by 30


Signature of the Bidder
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. Eligibility Conditions: As per Para 4 of DNIT.

2 Bid Security
2.1 The bank guarantee/DD for bid security or Micro & Small Enterprise (MSE) registration
certificate for claiming exemption from submission of bid security, as prescribed in clauses 12.1
& 12.2 of Section-4 Part A of the bid document should be submitted by the bidder in a separate
cover. The bank guarantee/DD so submitted shall be as per the format given in Section-7 A on
prescribed judicial paper with stamps of proper value and should contain full address of the
issuing branch of the bank with its telephone number and FAX number

2.2 The bidder shall furnish the bid EMD in one of the following ways:-
(a) Demand Draft/ Banker‟s cheque drawn in favour of “AO (Cash), BSNL, O/o CGMT
Trivandrum-33 and payable at Trivandrum-33 either separately for each item or total for
all items participated.
(b) Bank Guarantee from a scheduled bank drawn in favour of “CGM, BSNL, Kerala
Telecom Circle, Trivandrum-33 which should be valid for 180 days from the tender
opening date.
3. Distribution of Quantity
The Purchaser intends to limit the number of technically and commercially responsive 3
bidders from the list of such bidders arranged in increasing order of their evaluated prices starting
from the lowest for the purpose of ordering against this tender. The distribution of the quantity shall
be as given in Table 1 below.

Table 1(A) (Without provisions for MSE Units)


No. of Bidders to be Quantity allotted to the respective bidder (Col. 2)
approved (Col. 1)
L1 L2 L3 L4 L5 and so on

One bidder 100% Nil Nil Nil Nil


Two Bidders 60% 40% Nil Nil Nil
Three Bidders 50 % 30 % 20 % Nil Nil
Four Bidders 40 % 30 % 20 % 10 % Nil
More than four bidders 40% In the inverse ratio of their evaluated quoted prices

Table 1(B) (With provisions for MSE Units)


Qty
No. of Bidders earmarked for
to be approved Quantity allotted to the respective bidder (Col. 2) MSE bidder(s)
(Col. 1) (Col. 3)
L1 L2 L3 L4 L5 and so on
One bidder 80% Nil Nil Nil Nil 20 %
Two Bidders 48% 32% Nil Nil Nil 20%
Three Bidders 40 % 24 % 16 % Nil Nil 20%
Four Bidders 32 % 24 % 16 % 8% Nil 20%
More than four 32% In the inverse ratio of their evaluated quoted 20%
bidders prices

Read Understood and complied by 31


Signature of the Bidder
Note 1(a):Table 1(B)shall be followed if the tender has provision for reservations for MSE units. Note
1(b): Deleted.
Note 2: If no eligible MSE bidders are available then aforesaid earmarked 20% quantity shall be de-
reserved & the allotted quantity for other general bidders will be restored to 100% and
distribution shall be as per Table -1(A) above.
Note 3: If L-1, L-2, L-3, etc happens to be MSE bidders then they will be given allotted quantity as per the
applicable sub-column of column 2 of above table. In case, there are MSE bidders whose quoted
price is within +15% of L-1 price then 20% reserved quantity shall be distributed amongst such
MSE bidders.
(ii) In the event of any of the eligible bidder(s) not agreeing to supply the equipment or not being
considered by BSNL for ordering the equipment, inter-se ranking of the bidders below the
aforesaid bidder(s) will be recast to fill up the vacated slot(s). This will be done to ensure that the
number of bidders on which order for supply of equipment to be placed remains same as specified
in the tender.
However, the purchaser reserves the right for the placement of order of entire tendered quantity on
the bidder with the lowest evaluated price.

Note: De-rating factor shall be calculated for determination of ordering price in r/o L-2 & others
based on L-1 price.
4. (i) The delivery of goods and documents shall be completed within six months from date of issue of Advance
Purchase Order. The quantity to be supplied will be 25% in third months, 25% in fourth month, 25% in
fifth month & remaining 25% in sixth month. The actual delivery period shall be as per Purchase Order.
Non-adherence of the above mentioned delivery period will attract imposition of penalty as per terms of
tender documents.
(ii) The supply will be accepted only after quality assurance test are carried out by the Quality Assurance
Wing of BSNL as per prescribed schedule and material passing the test successfully and after excise
gate pass issued by Excise Authorities, Government of India for that purpose.

5. RANKING and Evaluation: The ranking & evaluation of the tender as well as allotment of the work
will be done item wise.
6. The bidder shall ensure that his six months production capacity is equal to or more than tendered
quantity. Bidder ensures that he shall be able to supply the entire tendered quantity and/ or additional
quantity as per tender terms and conditions within stipulated time as and when asked for, irrespective of
his other commitments, purchase orders, financial condition or payments due to him for earlier supplies
under this tender or other tenders of BSNL. In case the bid is for quantity is less than the tendered quantity
as mentioned in SOR, the bid will be treated as non responsive and rejected.
7. The prices evaluation is being done on the prices inclusive of all taxes freight etc. excluding
cenvatable duties and taxes as per clause 22 of section 4 Part-A.
8. In case the vendor participates in the tender with old GR of tendered item, BSNL has full right to issue
the APO/PO on the vendor; the tendering firm shall take proper action for getting TSEC as per new GR
well in advance, so that the supply against the order, if placed on him, is not delayed for non-availability of
TSEC. Any delay on this issue shall be on firm‟s account and no extension in time over the period
stipulated in the APO/ PO shall be admissible.

Purchaser reserves the right to disqualify such bidders who have a record of not meeting
contractual obligations against earlier contracts entered into with the purchaser.

Any clarification issued by the BSNL in response to query raised by prospective bidder shall form an
integral part of bid documents and it may amount to an amendment of relevant Clauses of bid
documents.

********************************

Read Understood and complied by 32


Signature of the Bidder
Section- 4 Part C
E-tendering Instructions to Bidders
Note :-The instructions given below are TCIL‟s e-tender portal centric and for e-tenders invited by MM cell,
BSNL, Kerala Telecom Circle only.
. General
These Special Instructions (for e-Tendering) supplement „Instruction to Bidders‟, as enclosed in Sec 4 Part A
of the Tender Documents.)
BSNL has decided to use process of e-tendering for inviting this tender and thus the physical copy of
the tender would not be sold. Submission of Bids only through online process is mandatory for this
Tender.
For conducting electronic tendering, BSNL has decided to use the portal
https://www.tcil-india-electronictender.com through TCIL, a Government of India
Undertaking. This portal is based on the world‟s most „secure‟ and „user friendly‟
software from Electronic Tender®. A portal built using Electronic Tender‟s software
is also referred to as Electronic Tender System® (ETS).
1. Tender Bidding Methodology:
Sealed Bid System –„Single Stage – Using Two Envelopes‟,

Financial & Techno-commercial bids shall be submitted by the bidder at the same time.
1. Broad outline of activities from Bidders prospective:
1. Procure a Digital Signing Certificate (DSC)
2. Register on Electronic Tendering System® (ETS)
3. Create Users and assign roles on ETS
4. View Notice Inviting Tender (NIT) on ETS
5. Download Official Copy of Tender Documents from ETS
6. Clarification to Tender Documents on ETS
Query to BSNL (Optional)
View response to queries posted by BSNL, as addenda.
7. Bid-Submission on ETS
8. Attend Public Online Tender Opening Event (TOE) on ETS Opening of Techno-commercial Part
9. View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond to BSNL‟s Post-TOE
queries
10. Attend Public Online Tender Opening Event (TOE) on ETS Opening of Financial-Part (Only for
Technical Responsive Bidders)
11. Participate in e-Reverse Auction on ETS

For participating in this tender online, the following instructions need to be read carefully. These instructions
are supplemented with more detailed guidelines on the relevant screens of the ETS.
Note 1: It is advised that all the documents to be submitted (See clause 4 of section II part B) are kept
scanned or converted to PDF format in a separate folder on your computer before starting online
submission. BOQ Part A (Excel Format) may be downloaded and rates may be filled
appropriately. This file may also be saved in a secret folder on your computer.
The BOQ template must not be modified /replaced by the bidder and the same should be uploaded
after filling the relevant columns, else the bidder is liable to be rejected for that tender. Bidders are
allowed to enter the Bidder Name and Values only
Note 2: While uploading the documents, it should be ensured that the file name should be the name of the
document itself
3. Digital Certificates
For integrity of data and its authenticity/ non-repudiation of electronic records, and be compliant
with IT Act 2000, it is necessary for each user to have a Digital Certificate (DC). also referred to as
Read Understood and complied by 33
Signature of the Bidder
Digital Signature Certificate (DSC), of Class 3 or above, issued by a Certifying Authority (CA)
licensed by Controller of Certifying Authorities (CCA) [refer http://www.cca.gov.in].
4. Registration
Tender document can be downloaded from the website: https://www.tcil-india-
electronictender.com and to be submitted in the e-format as well as hard copy by post/courier/by
hand. Cost of Tender Document (in the form of DD) and Bid Security (in the form of Bank
Guarantee in original), Power of Attorney in original along with the hard copies of all documents
which are uploaded in the e –tender portal to be submitted to AGM (MM), O/o CGMT, Kerala
Circle, TVM-33 before the scheduled date and time of submission of the tender otherwise the Bid
will not be considered.
Amendments, if any, to the tender document will be notified in the above website as and when such
amendments are notified. It is the responsibility of the bidders who have downloaded the tender
document from the website to keep themselves abreast of such amendments before submitting the
tender document.
Intending bidders are requested to register themselves with M/s. TCIL through https://www.tcil-india-
electronictender.com for obtaining user-id, Digital Signature etc., by paying Vendor registration
fee. Tender processing fee payment should be done during requisition of tender on line.
BSNL has decided to use process of e-tendering for inviting this tender and thus the physical copy of the
tender would not be sold.
Note: After successful submission of Registration details and Vendor registration fee and processing fee ( as
applicable). please contact TCIL Helpdesk (as given below), to get your registration
accepted/activated.

TCIL/ETS Helpdesk
Customer Support: +91-11-2624 1790 ( Multiple lines ) Operational only
Monday to Friday ( 10.00 AM to 06 00 PM except on Government
Telephone/Mobile Nos.
holidays. Emergency Mobile Number: +91-9868393775/792/717 ( Please
contact only in Emergency during non working hours of the Help desk )
E-mail ID ets [email protected] [Please mark CC: [email protected]]

BSNL Contact-1
BSNL‟s Contact Person AGM.(MM), O/o CGMT,BSNL,Trivandrum-33
Telephone/ Mobile 0471-2301775 [between 9:30 hrs to 17:00 hrs on working days]
E-mail ID [email protected]

BSNL Contact-2
BSNL‟s Contact Person SDE(MM-I) O/o CGMT,BSNL,Trivandrum-33
Telephone/ Mobile 0471-2304303
[between 9:30 hrs to 17:00 hrs on working days]
E-mail ID [email protected]

5 . Some Bidding related Information for this Tender (Sealed Bid)


The entire bid-submission can be online on ETS. Broad outline of submissions are as follows:
Broad outline of submissions are as follows:
1. Submission of Bid Security/ Earnest Money Deposit (EMD)
2. Submission of digitally signed copy of Tender Documents/ Addendum/addenda
3. Eligibility proof
4. Two Envelopes
 Techno-commercial -Part
 Financial-Part

Read Understood and complied by 34


Signature of the Bidder
6. Offline Submissions:
The bidder is requested to submit the all the below documents offline to AGM (MM),O/o CGMT,
BSNL ,Kerala Circle,Trivandrum-33 in a sealed envelope. The envelope shall bear (name of the
work), the tender number and the words „DO NOT OPEN BEFORE‟ (due date & time).
1. EMD-Bid Security in Original.
2. DD/ Bankers cheque against payment of tender fee.
3. Power of attorney in accordance with clause 14.4 of Section-4 Part A.
4. Integrity Pact.( If applicable)

7. Special Note on Security of Bids


Security related functionality has been rigorously implemented in BSNL ERP TENDER PORTAL in a multi-
dimensional manner. Starting with 'Acceptance of Registration by the Service Provider', provision for
security has been made at various stages in Electronic Tender's software. Specifically for Bid Submission,
some security related aspects are outlined below:
As part of the Electronic Encrypter TM functionality, the contents of both the „Electronic Forms‟ and
the „Main-Bid‟ are securely encrypted using a Pass-phrase created by the server itself. The Pass-phrase is
more difficult to break. This method of bid-encryption does not have the security and data-integrity related
vulnerabilities which are inherent in e-tendering systems which use Public- Key of the specified officer of a
Buyer organization for bid-encryption. Bid-encryption in ETS is such that the Bids cannot be decrypted
before the Public Online Tender Opening Event (TOE), even if there is connivance between the concerned
tender-opening officers of the Buyer organization and the personnel of e-tendering service provider.

8. Public Online Tender Opening Event (TOE)

ETS has a unique facility of a detailed report titled „Minutes of Online Tender Opening Event (TOE)‟
covering all important activities of „Online Tender Opening Event (TOE)‟. This is available to all
participating bidders for „Viewing/ Downloading‟.
There are many more facilities and features on ETS. For a particular tender, the screens viewed by a Supplier
will depend upon the options selected by the concerned Buyer.

NOTE: In case of internet related problem at a bidder‟s end, especially during „critical events‟ such as – a
short period before bid-submission deadline, during online public tender opening event, during e-
auction, it is the bidder‟s responsibility to have backup internet connections. In case there is a
problem at the e-procurement/ e-auction service-provider‟s end (in the server, leased line, etc) due
to which all the bidders face a problem during critical events, and this is brought to the notice of
BSNL by the bidders in time, then BSNL will promptly re-schedule the affected event(s).

9. E-Reverse Auction
E-Reverse Auction would be conducted on unit/total package/net cost to BSNL value for bid evaluation,
subsequently after the opening of the Financial Part.

The following would be parameters for e-Reverse Auction


Sl No Parameter Value
1. Date and Time of reverse Auction bidding Will be intimated to Technically Responsive
event bidders after the opening of financial part
2 Duration of Reverse –Auction bidding event ……………(typically 1 to 2) hours.
3 Automatic extension of the Reverse –Auction Yes
Closing Time, if last bid received is within a
pre-defined Time Duration before the Reverse
Auction closing Time
3.1 Pre defined Time Duration …………xx Minutes (typically 05 minutes)
3.2 Time Duration of Automatic extension ………….yy Minutes (Typically 10
minutes)
3.3 Maximum number of Auto Extensions ……….nn Automatic Exensions (Typically
04 to 06 extensions)
4 Criteria of bid acceptance Beat on starting last quoted price as well as
Beat on Rank-1 Bid Value
5 Entity start price Unit/total package/net cost to BSNL ( To be
decided by planning cell)
6 Minimum bid decrement …………..(Value in currency) to be

Read Understood and complied by 35


Signature of the Bidder
decided by planning cell
7 Display of Pseudo identity of bidders during Tot all Bidders, as well as BSNL‟s officers
bidding period
8 Display of Bidder‟s own current Rank Yes
Note: Parameters at Sl No. 5 and 6 shall be confirmed after opening & evaluation of Financial bid parts .

10. Other Instructions


For further instructions, the vendor should visit the home -page of the portal (https://www.tcil-india-
electrionictender.com).

Important Note: It is strongly recommended that all authorized users of Supplier organizations should
thoroughly peruse the information provided under the relevant links, and take appropriate action. This will
prevent hiccups, and minimize teething problems during the use of BSNL ERP TENDER PORTAL.

The following „FOUR KEY INSTRUCTIONS for BIDDERS‟ must be assiduously adhered to:

1. Obtain individual Digital Signing Certificate (DSC or DC) well in advance of your first tender
submission deadline on ETS

22. Register your organization on ETS well in advance of your first tender submission deadline on
ETS
3. Get your organization‟s concerned executives trained on ETS well in advance of your first tender
submission deadline on ETS

4.Submit your bids well in advance of tender submission deadline on ETS (There could be last minute
problems due to internet timeout, breakdown, etc While the first three instructions mentioned above are
especially relevant to first-time users of ETS, the fourth instruction is relevant at all times.
5.The Tender Inviting Authority (TIA) will not be held responsible for any sort of delay or the difficulties
faced during the submission of bids online by the bidders due to local issues.
6. The time that is displayed from the server clock at the top of the tender Portal, will be valid
for all actions of requesting bid submission, bid opening etc., in the e-Procurement portal. The
Time followed in this portal is as per Indian Standard Time (IST) which is GMT+5:30. The
bidders should adhere to this time during bid submission.
11. Minimum Requirements at Bidders end
Computer system with good configurations (1 GB RAM, Windows 7), Broadband connectivity, Microsoft
Internet Explorer (8.0 or above), Digital Certificate(s).
1. Vendors Training Program
Vendors may contact the TCIL Helpdesk personnel given in clause 4 of Section 4 Part C, for any type of
training/help, which they may require while uploading the bids.

*******************

Read Understood and complied by 36


Signature of the Bidder
SECTION-5 Part A

GENERAL (COMMERCIAL) CONDITIONS OF CONTRACT

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

2. STANDARDS
The goods supplied under this contract shall conform to the standards prescribed in the Technical
Specifications mentioned in section -3.

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

4. PERFORMANCE SECURITY
4.1 All suppliers (including MSEs who are registered with the designated MSME bodies, like National
Small Scale Industries Corporation etc. shall furnish performance security to the purchaser for an
amount equal to 5% of the value of Advance purchase order within 14 days from the date of issue of
Advance Purchase Order by the Purchaser.
4.2 The proceeds of the performance security shall be payable to the Purchaser as compensation for any
loss resulting from the supplier's failure to complete its obligations under the contract.
4.3 The performance security Bond shall be in the form of Bank Guarantee issued by a scheduled Bank
and in the Proforma provided in 'Section-7B(1) of this Bid Document.
4.4 The performance security Bond will be discharged by the Purchaser after completion of the
supplier's performance obligations including any warranty obligations under the contract.

5. INSPECTION AND TESTS


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

Read Understood and complied by 37


Signature of the Bidder
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. DELIVERY AND DOCUMENTS


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 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 in all respects shall be completed within time frame stated
in Clause 7 of 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.
7. TRAINING (Not Applicable)
7.1 The bidder shall provide training for installation and maintenance staff of the purchaser free of cost
where required.
7.2 The bidder shall specify in its bid the number of trainees, quantum of proposed training, pre-training
qualifications required of the trainees and duration of the proposed training.

7.3 The bidder shall provide all training material and documents.
7.4 Conduct of training of the purchaser's personnel shall be at the suppliers' plant and/or on-site in
assembly start-up operation, maintenance and/or repair of the supplied goods.

8. INCIDENTAL SERVICES
The supplier may be required to provide any or all of the following services:
(a) Performance or supervision of on-site assembly and/or start-up of the supplied Goods;
(b) Furnishing of tools required for assembly and/or maintenance of supplied Goods;
(c) Performance of supervision or maintenance and/or repair of the supplied Goods, for a
period of time agreed by the parties provided that this service shall not relieve the supplier
of any warranty obligations under this contract.
9. SPARES
9.1 The supplier shall be required to provide a list of the following material and notifications pertaining
to spare parts manufactured or distributed by the supplier of spares including cost and quantity
considered for arriving at the price of spares in Sec-4 Part A clause 9.
(a) 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.
(b) In the event of termination of production of the spare parts, the supplier shall:
(i) 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
(ii) 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.
9.2 .Over a period of three years starting from the date of final acceptance, the supplier shall supply, at its
own cost, all necessary spares which have not been included in the offer as part of the requirement.
These spares should be supplied within a maximum period of 30 days from the notification by the
Read Understood and complied by 38
Signature of the Bidder
purchaser of its need.

10. WARRANTY
10.1 The supplier shall warrant that the stores to be supplied 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 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 its 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) twelve months after the stores have
been taken over under clause 5.5 above.
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 twelve 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 site including
freight, insurance and other incidental charges.
11. PAYMENT TERMS
11.1 Payment of 95 %( percentage) 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) The sea freight receipt as per the rates approved by the Ministry of Water and Surface Transport, if
applicable.
(e) E-way bill as prescribed in the GST law in case of movement of goods
(f) Proof of payment of GST, if applicable.
(g) 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.
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 The balance payment shall be made within a period of 6 months from invoice date to ensure
availability of input tax credit (ITC) & subject to condition that there are no damage/shortages. In
those cases where such shortages/damages are intimated to the supplier in writing, the balance
payment shall be released only after the cases are settled in accordance with the provision of the
Read Understood and complied by 39
Signature of the Bidder
P.O.
Further, in case of any dispute on the payment to be made to the supplier, the same shall be settled
on or before the month of September following the end of financial year to which the invoice
pertains.
Additionally, in case the dispute is not settled due to any act of the supplier and input credit on the
said invoice is lost by BSNL, the same shall be recovered from the supplier balance payment shall
be released within 6 months from the date of supply of the equipment in case there are no
damage/shortages. In those cases where such shortages/damages are intimated to the supplier in
writing, the balance payment shall be released only after the cases are settled in accordance with the
provision of the P.O.
11.2.1 100% Payment (in place of Payment of 95% specified in clause 11.1 above) may be made on
delivery, provided that an additional Bank Guarantee for an amount equal to Balance Payment %
of the value of supplies [specified in clause 11.2 above] valid for a minimum period of seven
months is furnished by the supplier along with an undertaking that the equipment/stores supplied
shall be free from damages/shortages. In case purchaser intimates shortages/ damages in received
stores to the supplier in writing, the Bank Guarantee shall be extended without fail by the supplier
for a suitable period as requested by the purchaser in writing. Failure to do so shall result in
forfeiture of Bank Guarantee. The Bank Guarantee shall be accepted at Circle Head Quarter and
shall be released only after the cases are settled in accordance with the provisions available in the
Purchase Order/ Tender document.

Note: The actual payment conditions for new products or procurements having installation and AMC services
may be decided on case to case basis and incorporated in special conditions of the contract.”

11.3. 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.
11.4. No payment will be made for goods rejected at the site on testing.
11.5. The bidder has to give the mandate for receiving payment costing Rs.5 Lakh 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.
Read Understood and complied by 40
Signature of the Bidder
13. CHANGES IN PURCHASE ORDERS
13.1 The purchaser may, at any time, by a written order given to a supplier, make changes within the
general scope of the contract in any one or more of the following:
(a) Drawings, designs or specifications, where Goods to be supplied under the contract are to
. be specifically manufactured for the Purchaser;
(b) The method of transportation or packing;
(c) The place of delivery; or
(d) The services to be provided by the supplier.
13.2 If any such change causes an increase or decrease in the cost of, or the time required for the
execution of the contract an equitable adjustment shall be made in the contract price or delivery
schedule, or both, and the contract shall accordingly be amended. Any proposal by the supplier for
adjustment under this clause must be made within thirty days from the date of the receipt of the
change in order.

14. SUBCONTRACTS
The Supplier shall notify the Purchaser in writing of all subcontracts awarded under this contract if
not already specified in its bid. Such notification, in its original bid or later shall not relieve the
supplier from any liability or obligation under the Contract.
15. DELAYS IN THE SUPPLIER'S PERFORMANCE
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 (by not more than 20 weeks or 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 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. In case of infrastructure/turnkey projects other than as stated
above, 1% of the total project value shall be the value for additional BG. 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
Read Understood and complied by 41
Signature of the Bidder
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.
(d) Format of (i) letters conveying conditions of DP extension and (ii) DP extension letter are
at Section 7 Part D & E.
15.4 If the supplies are not completed in the extended delivery period, the purchase order shall be short-
closed and both the Performance securities shall be forfeited.

16. LIQUIDATED DAMAGES


16.1 The date of delivery of the stores stipulated in the acceptance of the tender should be deemed to be
the essence of the contract and delivery must be completed not later than the dates specified therein.
Extension will not be given except in exceptional circumstances. Should, however, deliveries be
made after expiry of the contracted delivery period, without prior concurrence of the purchaser and
be accepted by the consignee, such delivery will not deprive the purchaser of its right to recover
liquidated damage under clause 16.2 below. However, when supply is made within 21 days of the
contracted original delivery period, the consignee may accept the stores and in such cases the
provision of clause 16.2 will not apply. Further, DP extension for this grace period of 21 days shall
not be necessary.

16.2 While granting extension of delivery period as per clause 15.3, the liquidated damages shall be
levied as follows:
(a) Should the supplier fails to deliver the store or any consignment thereof within the period
prescribed and agreed for delivery, the purchaser, without prejudice to other remedies
available to the purchaser shall be entitled to recover, as agreed liquidated damages for
breach of contract, a sum equivalent to 0.5% of the value of the delayed supply and/ or
undelivered material/ supply for each week of delay or part thereof for a period up to 10
(TEN) weeks, and thereafter at the rate of 0.7% of the value of the delayed supply and/ or
undelivered material/ supply for each week of delay or part thereof for another TEN weeks of
delay.
(b) DP extension beyond 20 weeks would not be generally allowed. The extension beyond 20
weeks may be decided in most exceptional circumstances on case to case basis, by the CGM
concerned in case of tenders floated by Circles and by the Functional Director concerned in
case tenders floated by Corporate Office, stating reasons and justifications for grant of
extension of delivery period beyond 20 weeks.
(c) In the case of package supply/ turnkey projects when the delayed portion of the supply
materially hampers installation and commissioning of the systems, LD charges shall be
levied as above on the total value of the concerned package of the Purchase Order.
(d) Quantum of liquidated damages assessed and levied by the purchaser and decision of the
purchaser thereon shall be final and binding on the supplier, further the same shall not be
challenged by the supplier either before Arbitration tribunal or before the court. The same
shall stand specifically excluded from the purview of the arbitration clause, as such shall not
be preferable to arbitration. However, when supply is made to the ultimate consignee within
21 days of QA clearance in the extended delivery period and the goods were dispatched
within this delivery period, the consignee may accept the stores and in such cases the LD
shall be levied up to the date of dispatch after QA clearance only.
(e) The total value of the liquidated damages as per above sub-clauses shall be limited to a
maximum of 12% (Twelve percent) i.e. LD shall be levied up to 20 weeks only as per
provision at Para (a).
16.3 In cases where the scheduled delivery period is distributed month-wise or is in installments, the
liquidated damages shall be imposed for delay in each scheduled month/ installment. Liquidated
damages shall be calculated separately for quantities to be supplied in every month/ installment and
the corresponding delay. If the supplier supplies full quantity before the expiry of the scheduled
delivery period of the last month/ installment but there is delay in month-wise/ installment-wise
Read Understood and complied by 42
Signature of the Bidder
supply, then also liquidated damages shall be levied on the supplies against the earlier months/
installments that have been delayed. Twenty (20) weeks for the purpose of additional BG and grant
of DP extension shall be counted from the last month/ installment.
16.4 Wherever Clause of grace period of 21 days exists in the Purchase Order as well as in the Tender
document against which the Purchase Order has been released, applicability of the grace period
shall be subject to:
(a) The Store has been offered to „QA‟ by the Supplier for Inspection/Testing within the
contracted original delivery period.
(b) 'QA‟ has cleared the equipment for dispatch within the contracted original delivery period.
(c) The Supplier has carried out dispatch/ dispatched the equipment with in contracted original
delivery period. For claiming benefit of grace period, the supplier shall have to satisfy the
Paying Authority by furnishing documents of dispatch confirming that it has actually
dispatched the equipment within contracted original delivery period.
(d) The Store has been received by the ultimate consignee within 21 days of the expiry of
contracted original delivery period.
(e) The grace period of 21 days shall be allowed only in those cases which fulfill all the
conditions given in Para (a) to (d) above. During grace period no LD charges shall be levied.
Note : 1. In case of turnkey projects, the additional BG and LD clauses related to delay in
Installation & commissioning activities, shall be fine-tuned to meet the requirements of the project
and shall be included in the special conditions Section-5 Part B of the concerned bid document)
after approval of the Management. In these cases, the tender approving authority as per delegation
of financial powers shall be competent authority to decide applicability of LD on the Installation
and commissioning portion in case delay is on part of BSNL. However, for supply of equipment in
such projects, the terms and conditions shall be the same as mentioned in clauses 15.3 and 16.2 of
Section-5 Part A.
16.5 GST (if applicable) on account of liquidated damages due to delay in supply of goods would be
borne by supplier.
17. FORCE MAJEURE
17.1 If, at any time, during the continuance of this contract, the performance in whole or in part by either
party of any obligation under this contract is prevented or delayed by reasons of any war or
hostility, acts of the public enemy, civil commotion, sabotage, fires, floods, explosions, epidemics,
quarantine restrictions, strikes, lockouts or act of God (hereinafter referred to as events) provided
notice of happenings of any such eventuality is given by either party to the other within 21 days
from the date of occurrence thereof, neither party shall by reason of such event be entitled to
terminate this contract nor shall either party have any claim for damages against other in respect of
such non-performance or delay in performance, and deliveries under the contract shall be resumed
as soon as practicable after such an event come to an end or cease to exist, and the decision of the
Purchaser as to whether the deliveries have been so resumed or not shall be final and conclusive.
Further that if the performance in whole or part of any obligation under this contract is prevented or
delayed by reasons of any such event for a period exceeding 60 days, either party may, at its option,
terminate the contract.
17.2 Provided, also that if the contract is terminated under this clause, the Purchaser shall be at liberty to
take over from the Supplier at a price to be fixed by the purchaser, which shall be final, all unused,
undamaged and acceptable materials, bought out components and stores in course of manufacture
which may be in possession of the Supplier at the time of such termination or such portion thereof
as the purchaser may deem fit, except such materials, bought out components and stores as the
Supplier may with the concurrence of the purchaser elect to retain.
18. ACTION BY PURCHASER AGAINST BIDDER(S)/ VENDOR(S) IN CASE OF DEFAULT.
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;
Read Understood and complied by 43
Signature of the Bidder
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
mis-declaration on invoice by the supplier.
20. ARBITRATION
20.1 In the event of any question, dispute or difference arising under this agreement or in connection
there-with (except as to the matters, the decision to which is specifically provided under this
agreement), the same shall be referred to the sole arbitration of the CGMT, BSNL, Kerala Circle
Trivandrum or in case his designation is changed or his office is abolished, then in such cases to
the sole arbitration of the officer for the time being entrusted (whether in addition to his own duties
or otherwise) with the functions of the CGMT, BSNL, Trivandrum or by whatever designation
such an officer may be called (hereinafter referred to as the said officer), and if the CGMT, BSNL,
Kerala Circle Trivandrum or the said officer is unable or unwilling to act as such, then to the sole
arbitration of some other person appointed by the CGMT, BSNL, Trivandrum or the said officer.
The agreement to appoint an arbitrator will be in accordance with the Arbitration and Conciliation
Act 1996 as amended from time to time. There will be no objection to any such appointment on the
ground that the arbitrator is a Government Servant or that he has to deal with the matter to
which the agreement relates or that in the course of his duties as a Government Servant he has
expressed his views on all or any of the matters in dispute. The award of the arbitrator shall be final
and binding on both the parties to the agreement. In the event of such an arbitrator to whom the
matter is originally referred, being transferred or vacating his office or being unable to act for
any reason whatsoever, the CGMT, BSNL, Kerala Circle Trivandrum or the said officer shall
appoint another person to act as an arbitrator in accordance with terms of the agreement and the
person so appointed shall be entitled to proceed from the stage at which it was left out by his
predecessors.
20.2 The arbitrator may from time to time with the consent of both the parties enlarge the time frame for
making and publishing the award. Subject to the aforesaid, Arbitration and Conciliation Act, 1996
and the rules made there under, any modification thereof for the time being in force shall be deemed
to apply to the arbitration proceeding under this clause.
20.3 The venue of arbitration shall be Office of the CGMT, BSNL, Kerala Circle, Trivandrum
20.4 SET OFF
Any sum of money due and payable to the supplier (including security deposit refundable to him) under
this contract may be appropriated by the purchaser or the BSNL or any other person(s) contracting
through the BSNL and set off the same against any claim of the Purchaser or BSNL or such other person
or person(s) for payment of a sum of money arising out of this contract or under any other contract made
by the supplier with the Purchaser or BSNL or such other person(s) contracting through the BSNL.
In case of set off of the security deposit against any claim of the purchaser or BSNL or such other person
or person(s) for payment of a sum of money arising out of this contract or under any other contract made
by the supplier with the Purchaser or BSNL or such other person(s) contracting through the BSNL, the GST
on such set off will be borne by the supplier.
GST would not be liable on security deposit. But if supplier set off the security deposit against any claim
of the purchaser or BSNL or such other person or person(s) for payment of a sum of money arising out of
this contract or under any other contract made by the supplier with the Purchaser or BSNL or such other
person(s) contracting through the BSNL, then GST would be levied..
21. INTIMATION OF SUPPLY STATUS
The bidders, who are given Purchase Orders, must give the details of the supplies made
against all the Purchase Orders every month on the first working day of the following month
to MM ([email protected]) and the concerned User Branches of BSNL.
22. DETAILS OF THE PRODUCT
The bidder should furnish the name of its collaborator (if applicable), brand name, model number and
type of the products offered in this tender. The technical literatures of the products should also be
submitted. No change in either technology or product shall be permitted after opening of bids.
23. FALL CLAUSE
24.1 The prices once fixed will remain valid during the scheduled delivery period except for the
provisions in clause 12.1 of Section-5A. Further, if at any time during the contract
(a) It comes to the notice of purchaser regarding reduction of price for the same or similar
equipment/ service;

Read Understood and complied by 44


Signature of the Bidder
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.
24.2 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 its performance security.
24.3 The vendor while applying for extension of time for delivery of items/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."
24.4 In case under taking as in Clause 24.3 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.
25. COURT JURISDICTION
25.1 Any dispute arising out of the tender/ bid document/ evaluation of bids/ issue of APO shall be subject
to the jurisdiction of the competent court at the place from where the NIT/ tender has been issued.
25.2 Where a contractor has not agreed to arbitration, the dispute/ claims arising out of the Contract/ PO
entered with him shall be subject to the jurisdiction of the competent Court at the place from where
Contract/ PO has been issued. Accordingly, a stipulation shall be made in the contract as under.
“This Contract/ PO is subject to jurisdiction of Court at Trivandrum only”.
Note: - Mandatory Licensing requirements with regards to security related concerns issued by the
Government of India from time-to-time shall be strictly followed and appropriate clauses shall be
added in all bid documents. Necessary guidelines in this regard shall be issued separately.

26. General Guidelines:-


“The General guidelines as contained in Chapter 5, 6 and 8 of General Financial Rules as amended
from time to time on works, procurement of goods and services and contract management respectively
may also be referred to as guiding principles”.

27. GST Invoice


27.1 All the details of supplier (name, address, GSTIN/ unregistered supplier, place of supply, SAC/ HSN
code etc.) and other mandatory details shall be mentioned on the invoice.
27.2 Invoice/Supplementary invoice/Debit Note/Credit Note/Receipt Voucher need to be issued in
compliant format and timely within the time prescribed under GST law.
27.3 In case of any deficient/incomplete/rejected supply, BSNL shall convey the same in a reasonable time
to enable the supplier to issue credit note and take tax adjustment.
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 rising of the invoice.
Read Understood and complied by 45
Signature of the Bidder
27.8. E-waybill number should be mentioned on the invoices

27.9. Supplier shall be responsibile 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 include (but 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 necessary 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. 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 Annexure below( placed as Annexure- A1 ) 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

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
28. Deleted
29. QUANTITY TOLERENCE:
The goods are to be supplied in drum lengths as per provisions in relevant specifications Tolerance
on the ordered quantity shall be (+)/(-) 2%. Consignee tolerance under ordered quantity shall
be (+)/(-) 5%.“This quantity tolerance is to be exercised by the supplier by effecting supplies
nearest to the ordered quantity and not utilizing the maximum permissible limit. “

*********************

Read Understood and complied by 46


Signature of the Bidder
SECTION –5 Part B

SPECIAL (COMMERCIAL) CONDITIONS OF CONTRACT (SCC)

The Special (Commercial) Conditions of Contract (SCC)shall supplement General (Commercial) Conditions
of Contract (GCC)) as contained in Section 5 Part A and wherever there is a conflict, the provisions herein
shall prevail over those in Section 5 Part A i.e. General (Commercial) Conditions of Contract (GCC)

1. Quality Assurance and Testing:

a) The supply will be accepted only after quality assurance tests are carried out by the Quality
Assurance Wing of BSNL as per prescribed schedule and material passing the test
successfully and after authenticated excise gate pass issued by Excise Authorities.
b) The QA units of BSNL while clearing the equipment/ stores will strictly adhere to the
package discipline as described in Purchase Order. Supplies made in full, as per Purchase
Order, of all the packages during delivery period only will be deemed to have been
supplied within the scheduled delivery period.

Note: Generally equipment (indigenous or imported) upon completion of TAC/Validation shall have to be
supplied after successful testing by Quality Assurance Wing of BSNL.

2. Spares:

a) The supplier shall be required to provide a list of spare parts recommended for maintenance for
three years along with rates at card/ module level. The purchaser may elect to purchase the
recommended spares from the supplier at any time including at the end of warranty/ AMC,
provided that such purchase shall not relieve the supplier from any warranty/ AMC obligations
under the contract.

b) The cost of spares shall be discounted @ 15% over warranty/ AMC period (if there is a
provision for AMC in the contract) to arrive at the final price of the equipment for the purpose
of tender evaluation.

c) Over a period of three years starting from the date of final acceptance of the equipment or after
the procurement of spares, supplier shall supply at its own cost, spare parts needed which have
not been included in the offer. These spares should be supplied within a maximum period of
thirty days from the notification by the purchaser of its need, without demur.

d) In the event of termination of production of the equipment/ spare parts, the supplier shall notify
the purchaser at least two years in advance of the impending termination to enable the
purchaser to procure life time spares. The supplier shall also provide at its own cost to the
purchaser, the blue print drawings and specifications of spare parts if and when requested.

3. Loading:

(a) 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.
(b) Cases in which the bidder has quoted for less quantity for any of the items than that 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.
Read Understood and complied by 47
Signature of the Bidder
(c) 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.
(d) AMC cost shall not be paid for all items supplied free of cost on account of the loading. The
same principle shall be applied for the cost towards services and all other items
(e) 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.

****************

Read Understood and complied by 48


Signature of the Bidder
SECTION-6

UNDERTAKING & DECLARATION

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

a) Certified that:

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


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

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

b) The tenderer hereby covenants and declares that:

1. All the information, Documents, Photo copies of the Documents/ Certificates enclosed
along with the Tender offer are correct.

2. If anything is found false and/or incorrect and/or reveals any suppression of fact at any
time, BSNL reserves the right to debar our tender offer/ cancel the LOA/ Purchase/ work
order if issued and forfeit the EMD/ SD/ Bill amount pending with BSNL. In addition,
BSNL may debar the contractor from participation in its future tenders.

3. no addition / deletion / corrections have been made in the downloaded tender document
being submitted and it is identical to the tender document appearing on the website.
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

Date: …………… …………………………………


Signature of Tenderer

Place: …………… Name of Tenderer ……………………………….


Along with date & Seal

6 (B) – NEAR-RELATIONSHIP CERTIFICATE:


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

The format of the certificate to be given is "I…………..s/o…….……r/o……………..hereby certify that none of


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

Signature of the Tenderer


With date and seal

Read Understood and complied by 49


Signature of the Bidder
SECTION- 7

PROFORMAS

7(A) PROFORMA FOR THE BIDSECURITY / EMD GUARANTEE

(To be typed on Rs.200/- non-judicial stamp paper)

(To be typed on Rs.200/- non-judicial stamp paper)


Sub: Bid Security/EMD guarantee.
Whereas M/s …………………………… R/o ……………… …………
……………………………………… (Hereafter referred to as Bidder) has approached us for giving Bank
Guarantee of Rs. ……………………/- (hereafter known as the “B. G. Amount”) valid up to …../……/
20….. (hereafter known as the “Validity date”) in favour of CGM, BSNL, Kerala Telecom Circle,
Trivandrum(Hereafter referred to as BSNL) for participation in the tender of work of
…………………………………………….. vide tender no. ………………………………….
Now at the request of the Bidder, We ……………………………………… Bank
…………………………Branch having ………………………………………… ……….
.……………………………………. (Address) and Regd. office address as ………
………...……………………………………………………………………… ……… ……… ……………
(Hereinafter called „the Bank”) agrees to give this guarantee as hereinafter contained:
2. We the Bank do hereby undertake to pay the amounts due and payable under this guarantee without
any demur, merely on a demand from the BSNL stating that the amount claimed is due by way of loss
or damage caused to or would be caused to or suffered by the BSNL by reason of breach by the said
bidder(s) of any of terms or conditions contained in the said Agreement or by reason of the bidder (s)
failure to perform the said Agreement. Any such demand made on the bank shall be conclusive as
regards the amount due and payable by the Bank under this guarantee where the decision of the BSNL
in these counts shall be final and binding on the bank. However, our liability under this guarantee
shall be restricted to an amount not exceeding the “B. G. Amount”.
3. We undertake to pay to the BSNL any money so demanded notwithstanding any dispute or disputes raised
by the bidder(s) in any suit or proceeding before any court or tribunal relating thereto our liability under this
present being absolute and unequivocal. The Payment so made by us under this bond shall be valid
discharge of our liability for payment there under and the bidder(s) shall have no claim against us for
making such payment.
4. We the Bank further agree that the guarantee herein contained shall remain in full force and effect
during the period that would be taken for the performance of the said agreement and that it shall
continue to be enforceable till all the dues of the BSNL under or by virtue of the said Agreement have
been fully paid and its claims satisfied or discharged or till BSNL Certifies that the terms and
conditions of the said Agreement have been fully and properly carried out by the said bidder(s) and
accordingly discharge this guarantee. Unless a demand or claim under this guarantee is made on us in
writing or before the expiry of Validity date from the date hereof, we shall be discharged from all
liability under this guarantee thereafter.
5. We the Bank further agree with the BSNL that the BSNL shall have the fullest liberty without our
consent and without affecting in any manner our obligations hereunder to vary any of the terms and
conditions of the said Agreement or to extend time of performance by the said bidder(s) from time to
time or to postpone for any time or from time to time any of the powers exercisable by the BSNL
against the said bidder(s) and to forbear or enforce any of the terms and conditions relating to the said
agreement and we shall not be relieved from our liability by reason of any such variation, or extension
being granted to the said Bidder(s) or for any forbearance, act or omission on the part of

Read Understood and complied by 50


Signature of the Bidder
the BSNL or any indulgence by the BSNL to the said bidder(s) or by any such matter or thing
whatsoever which under the law relating to sureties would, but for this provision, have effect of so
relieving us.
6. Notwithstanding anything herein contained ;
(a) The liability of the Bank under this guarantee is restricted to the “B. G. Amount” and it will
remain in force up to its Validity date specified above.
(b) The guarantee shall stand completely discharged and all rights of the BSNL under this
Guarantee shall be extinguished if no claim or demand is made on us in writing on or before its
validity date.

7. In case BSNL demands for any money under this bank guarantee, the same shall be paid through
banker‟s Cheque in favour of “AO (Cash) O/o CGMT, BSNL Kerala Circle Trivandrum-33 payable
at Trivandrum
8. The Bank guarantees that the below mentioned officer who have signed it on behalf of the Bank
have authority to give this guarantee under its delegated power.

Place: ……………………………

Date: ………………………….. (Signature of the Bank Officer)


Rubber stamp of the bank
Authorized Power of Attorney Number: ……………….
Name of the Bank officer: ……………………………..
Designation: ……………………………………
Complete Postal address of Bank: ……………………
………………………………………………………………
Telephone Numbers ……………………………..
Fax numbers ………………………………

7(B-1) PROFORMA FOR THE PERFORMANCE GUARANTEE

(To be typed on Rs.200/- non-judicial stamp paper)


Dated:……………..
Sub: Performance guarantee.
Whereas CGM, BSNL, Kerala Telecom Circle, Trivandrum R/o
…………………………..………… …………………..(hereafter referred to as BSNL) has issued an APO
no. …………..………. Dated ……/……/20….. awarding the work of …………… …… …
………………………………….. to M/s …………………..…………………………… R/o
………………………………………………………………… (hereafter referred to as “Bidder”) and BSNL
has asked him to submit a performance guarantee in favour of CGM, BSNL, Kerala Telecom Circle,
Trivandrum of Rs. …………..……/- (hereafter referred to as “P.G. Amount”) valid up to
……/……/20………(hereafter referred to as “Validity Date”)
Now at the request of the Bidder, We ……………………………………… Bank
…………………………Branch having ……………………..…………………… ……….
.……………………………………. (Address) and Regd. office address as ………
………...……………………………………………………………………… ……… ……… ……………
(Hereinafter called „the Bank”) agreed to give this guarantee as hereinafter contained:

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

Read Understood and complied by 51


Signature of the Bidder
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.
6. Notwithstanding anything herein contained ;
(a) The liability of the Bank under this guarantee is restricted to the P.G. Amount and it will
remain in force up to its Validity date.
(b) The guarantee shall stand completely discharged and all rights of the BSNL
under this Guarantee shall be extinguished if no claim or demand is made on us in writing
on or before its validity date.
7. In case BSNL demands for any money under this bank guarantee, the same shall be paid through
banker‟s Cheque in favour of “AO (Cash) O/o CGMT, BSNL Kerala Circle Trivandrum” payable at
Trivandrum
8. The Bank guarantees that the below mentioned officer who have signed it on behalf of the Bank
have authority to give this guarantee under its delegated power.

Place: ……………………………

Date: ………………………….. (Signature of the Bank Officer)


Rubber stamp of the bank
Authorized Power of Attorney Number: ……………….
Name of the Bank officer: ……………………………..
Designation: ……………………………………
Complete Postal address of Bank: ……………………
………………………………………………………………
Telephone Numbers ……………………………..
Fax numbers ………………………………

Read Understood and complied by 52


Signature of the Bidder
7 (B -2) ADDITIONAL BANK GUARANTEE FORM FOR 100 % PAYMENT

THIS DEED OF GUARANTEE IS MADE THIS ………….. DAY OF ………… between the
BHARAT SANCHAR NIGAM LIMITED hereinafter called the BSNL (which expression shall unless
excluded by or repugnant to the context include his successors and assignees) of the one part and
……………………………. Hereinafter called the “Bank” (which expression shall unless excluded by or
repugnant to the context include its successors and assignees) of the other part.
WHERE THE BSNL accepted the tender of M/s…………………………… ……..……
……………………………………………………………………………………………………….
( Hereinafter called the Supplier ) to supply to the BSNL ……………………….as per PO No.
………………………. Dated …………………( hereinafter referred to as the said contract.)

AND WHEREAS THE said contract provides that Supplier shall furnish Bank Guarantee of Rs.
…………………………………………. (in figures & words) as indicated in Cl.---------------- of the PO
calculated pursuant to Clause ---------------------of Section –------------------------) of the Bid Documents as
and by way of security for 100% Payment in lieu of 95% as per the Terms and Conditions of
Tender.

AND WHEREAS at the request of the Supplier the Bank has agreed to execute these presents.

NOW THE DEED WITNESSED AND IT IS HEREBY AGREED AND DECLARED BY AND between
the parties here to as follows.

a. The bank hereby irrevocably and unconditionally guarantees to the BSNL that the
Supplier shall render all necessary and efficient services which may be required to be
rendered by the Supplier in connection with and/or for the performance of the said
contract and further guarantees that the goods which shall be supplied by the Supplier
under the said contract shall be actually performing the work required of it to the
satisfaction of the BSNL and shall be free from any defects arising from faulty
materials , designs and workmanship , such as corrosion of the equipment , inadequate
quantity of materials , inadequate contact protection , deficiencies in Circuit Design
and/or otherwise whatsoever and in the event of the Supplier failing or neglecting to
render necessary services as aforesaid and/or in the event of the goods failing to give
satisfactory performance or proving and particularly warranty clause mentioned therein ,
the Bank shall indemnify and keep the BSNL indemnified to the extent suffered by the
BSNL by reason of any breach by the Supplier of any of the aforesaid terms and
conditions and the Bank further undertake to pay to the BSNL , such sum not exceeding
…………………… on demand and without DEMUR in the event of the Supplier‟s
failure to perform and discharge the aforesaid several duties and obligations on his part
to be observed and performed under the said contract and/or deficiencies and defects
in the satisfactory performance of the goods and equipment.
b. The decision of the BSNL as to whether the Supplier has failed to or neglected to
perform or discharge his duties and obligation as aforesaid and / or whether the goods
are free from deficiencies and defects and are capable of performing the work required
and as to the amount payable to the BSNL by the Bank herein shall be final and binding
on the Bank.

c. The liability of bank under this Guarantee shall be as of Principal debtor.


d. The Guarantee for an amount equivalent to 5% of the value of the Supplies shall be
valid from the date of First Supply and covering a period of 7 months from the date of
last monthly schedule or from the extended date of Delivery Period. The Bank
Guarantee will be deemed to be extended automatically upto the extended date of
Delivery period , whenever the delivery period is extended. After the equipments have
been taken over , all the dues of the BSNL under or by working of the said contract
have been fully paid and its claim certified or discharged or till it is certified by the
BSNL that the terms and conditions of the said contract have been fully and properly
carried out by the said Supplier and a No Demand Certificate submitted to this effect by
the Supplier.
e. The Bank further agrees that the Guarantee herein contained shall remain in full force
and effect for a period mentioned in Clause (d) above. Provided further that if any
claim accrues or arises against the Bank before the expiry of the above said period or an
extension thereof the same shall be enforceable against the Bank notwithstanding the
fact the same is enforced after the above said period or Any extension thereof.
Read Understood and complied by 53
Signature of the Bidder
f. The Guarantee herein contained shall not be affected by any change in the constitution
of the Supplier or the Bank and shall be a continuing one
g. The BSNL has fullest liberty without affecting the Guarantee to postpone for any time
and from time to time any of the powers exercisable by it against the Supplier and either
to enforce or forebear any of the terms and conditions of the said contract and the Bank
shall not be released from its liability under this Guarantee by any exercise by the BSNL
of the liberty with reference to the matter referred aforesaid or by reasons of time being
given to the Supplier or any other forbearance , act or the omission on the part of the
BSNL or any indulgence by the BSNL to the Supplier or by any other matter or thing
whatsoever which under the law relating to sureties shall but for this provision have the
effect of so releasing of from its such liability.

h. The BANK undertakes not to revoke this Guarantee during its currency except with the
previous consent of the BSNL in writing

Signed and delivered by the Signed and delivered by the


Constituted Attorney for and Constituted Attorney for and
On behalf of the Bank in the on behalf of the Bank in the
Presence of presence of

[Name of the Bank & Address


Telephone No & Fax Nos may please be given]

7 (C) For Letter of Authorization for attending Bid Opening Event.

(To be typed preferably on letter head of the company)


Subject: Authorization for attending Bid opening

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

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


(alternative) whose signatures are attested below, to attend the bid opening for the tender
mentioned above on our behalf.
…………………………………….
Signature of the Representative
………………………………… Signature of Bidder/ Officer authorized to sign
Name of the Representative on behalf of the Bidder
…………………………………….
Signature of the alternative Representative
…………………………………………..
Name of the alternative Representative
Above Signatures Attested

Note 1: Only one representative will be permitted to attend the Bid opening

2. Permission for entry to the hall where bids are opened may be refused in case authorization as
prescribed above is not received.

Read Understood and complied by 54


Signature of the Bidder
7(D) Model Amendment Letter Intimating Conditions for Extension of Delivery Period
(Refer to Clause 15.3 (l) of Section-5 Part A)
Registered A Due

Address of the purchaser

--------------------------------
--------------------------------
To
M/s ………………………………..
………………………………………
Sub: This office contract no………….. dated …………. placed on you for supply of
…………………………………………………………………….
Ref :Your letter no……………………………… dated ……………….
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.
4. An additional BG of Rs._____in accordance with clause 15.3, Section- 5PartA of the contract with
validity up to _______.
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.
Yours faithfully,
(………………………)
for and on behalf of………..
Note : The entries which are not applicable for the case under consideration are to be deleted.

Read Understood and complied by 55


Signature of the Bidder
7(E)- Model Amendment Letter for Extension of Delivery Period
Clause 15.3 (e)of Section-5 Part A
Registered Acknowledgement Due
Address of the purchaser
--------------------------------

To
M/s ………………………………..
………………………………………
Sub : This office contract no………….. dated …………. placed on you for supply of ………………
Ref : 1. Your letter no……………………………… dated …………. requesting DP extension
2. This office letter no. ……………… dated …… intimating conditions for DP extension
3. Your letter no………………….. dated ……. accepting the conditions for DP extension
In your above letter under reference (1), you have asked for extension/ further extension of time for delivery/
execution/ installation/ commissioning. The terms and conditions for extension of delivery period were
conveyed to you vide this office letter under reference (2).
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 16.2 & 16.3 Section-5 Part A
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.

Read Understood and complied by 56


Signature of the Bidder
7(F)- CLAUSE BY CLAUSE COMPLIANCE

ANNEXURE-„A‟

CLAUSE-BY-CLAUSE COMPLIANCE STATEMENT

Sl. CLAUSES COMPLIANCE

(A) (B) (C)

1. All clauses of General Commercial Conditions of Section-5 Part-A FULLY COMPLIED


All clauses of Special (Commercial) Condition of Contract of Section-5
2. Part-B FULLY COMPLIED

3. All clauses of Technical Specification of Section-3 Part-B FULLY COMPLIED

The clause-by-clause compliance statement should be given as per clause 11.2 (c) of
Section-4 Part-A and clause 31.1 (c) of Section -4 Part-A.
The bidder should mention „ FULLY COMPLIED‟ in the 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(c) of Section -4 Part-A.

7(G)- NO DEVIATION STATEMENT

ANNEXURE-„B‟
NO DEVIATION STATEMENT

Sl. CLAUSES REMARKS

(A) (B) (C)

1. All clauses of General Commercial Conditions of Section-5 Part-A NO DEVIATION

2. All clauses of Special Condition of Contract of Section-5 Part-B NO DEVIATION

3. All clauses of Technical Specification of Section-3 Part-B NO DEVIATION

The „No deviation statement‟ should be given as per clause 11.2 (c) of section-4 Part-A and
clause 31.1 (c) of Section -4 Part-A.
The bidder should mention „ NO DEVIATION‟ in the column „ C‟ above, otherwise a
statement of deviation may be submitted as per clause 31.1 (c) of section-4 Part-A.

Read Understood and complied by 57


Signature of the Bidder
7.(H) GENERAL POWER OF ATTORNEY

(Non Judicial Stamp Paper- Appropriate Value)

Be it known all to whom it concern that :


1. Shri. ---------------------------------------- S/o ---------------------- residing at ----------------------------
2. Shri. ---------------------------------------- S/o ---------------------- residing at -------------------------------
3. Shri. ---------------------------------------- S/o ---------------------- residing at ----------------------------
I, the Proprietor / we all the Partners/ Directors of M/s --------------------------------------- ( address) --------------
------------------------------------------------------------------------------------------------------------------------------------
------Hereby appoint Shri ------------------------------------------------------------------- S/o ----------------------------
--------------------------------- residing at ------------------------------------------------ as my / our Attorney to act in
my / our name and on behalf and sign and execute all documents / agreements binding the firm for all
contractual obligations ( including references of cases to arbitration) arising out of contracts to be entered into
by the firm with the CGM Telecom, BSNL, Kerala Circle, Trivandrum -33 in connection with their Tender
Enquiry No. --------------------------------------------------------- dated ------------------- for the supply of -----------
---------------------------------- due for opening on ---------------------------. In short he is fully authorised to do
all, each and everything requisite for the above purpose concerning M/s ---------------------------------------------
--. And I / We hereby agree to confirm and ratify his all and every act of this or any documents executed by
my/ our said Attorney within the scope of the authority hereby conferred on him including references of cases
to arbitration and the same shall be binding on me/ us and my /our firm as if the same were executed by me /
us individually or jointly.

Witness (with address) Signature of the Proprietor / Partners/ Directors

1. .
2. .
3.
Attested Accepted
Notary (Signature of Signatory of Tender offer of the firm)
(Signature)
*****************

Read Understood and complied by 58


Signature of the Bidder
SECTION- 8

Bidder’s profile & Questionnaire.


Tenderer / Bidder‟s Profile & Questionnaire
(To be filled in and submitted by the bidder)
A) Tenderer’s Profile
1. Name of the Individual/ Firm: ………………………………………………
2. Present Correspondence Address …………………………..………………
…………..…………………………………………………………………………
…………………………..…………………………………………………………
Telephone No. …………………………….. Mobile No. ………………………... FAX No.
…………………………………………………………………………
3. Address of place of Works/ Manufacture
……….…………….………………………………………………. …………………
………………….……………………………………………………………………
Telephone No. ..……………………….. Mobile No. ……………………………
4. State the Type of Firm: Sole proprietor-ship/partnership firm / Private limited company
(Tick the correct choice):.
5. Name of the sole proprietor/ partners/ Director(s) of Pvt. Ltd Co.:

S. No. Name Father‟s Name Designation


1.

2.

3.

4.

5.

6. Name of the person authorized to enter into and execute contract/ agreement and the capacity in
which he is authorized (in case of partnership/ private Ltd company):
……………………………………………………………………………………………………
……………………………..………………………………………………………….
7. Permanent Account No. : ………………………………………………………
8. Details of the Bidder‟s Bank for effecting e-payments:
(a) Beneficiary Bank Name:………………………………
(b) Beneficiary branch Name:…………………………….
(c) IFSC code of beneficiary Branch……………………..
(d) Beneficiary account No.:……………………………….
(e) Branch Serial No. (MICR No.):………………………...
9. Whether the firm has Office/ works (i.e. manufacture of the tendered item) in Kerala? If so state
its Address
……………………………………………………………………………………………………
……………………………………………………………………

Read Understood and complied by 59


Signature of the Bidder
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.
2.1 If Yes, Give details
………………………………………………………………………………………
………………………………………………………………………………………
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.

4. Suggestion for improvement of the tender document.


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

Read Understood and complied by 60


Signature of the Bidder
SECTION-9 Part-A

BID FORM

To From,
…………………………………………. ……………………………………….
<complete address of the purchaser> <complete address of the Bidder>
…………………………………………. …………………………………
……………………………………… …………………………………

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

Ref: Your Tender Enquiry No dated ---------------------------------------


1. Having examined the above mentioned tender enquiry document including amendment/
clarification/ addenda Nos. ...................... dated …………….. ……………the receipt of which is
hereby duly acknowledged, we, the undersigned, offer to supply and deliver
.............................................. in conformity with the said drawings, conditions of contract and
specifications for the sum shown in the schedule of prices attached herewith and made part of the
financial Bid.
2. Bid submitted by us is properly sealed and prepared so as to prevent any subsequent alteration and
replacement.
3. We agree to abide by this Bid for a period of ……….days from the date fixed for Bid opening or for
subsequently extended period, if any, agreed to by us. This bid shall remain binding upon us up to
the aforesaid period.
4. We understand that you are not bound to accept the lowest or any bid, you may receive.
5. If our Bid is accepted, we will provide you with a performance guarantee from a Scheduled Bank
for a sum @ 5% of the contract value for the due performance of the contract.
6. If our Bid is accepted, we undertake to complete delivery of all the items and perform all the
services specified in the contract in accordance with the delivery schedule specified in the Section-2
(Tender Information).
7. Until a formal Purchase Order of Contract is prepared and executed, this Bid together with your
written acceptance thereof in your notification of award shall constitute a binding contract between
us.

Dated: ....... day of ................... 20…

Signature ………………………….
Witness Name ……………………………..
Signature…………………………. In the capacity of ………………………….
Name …………………………….. Duly authorized to sign the bid for and on
Address ...................................... behalf of ..............................................

Read Understood and complied by 61


Signature of the Bidder
CHECKLIST FOR BIDDER

Sl.No. Contents of 1st Envelope (Techno-Commercial Bid ) Submitted or Not


1 DD for Tender Fee as per DNIT (Scanned copy on E-TENDER Portal and Physically to Tender
Inviting Officer in case of e-Tender).

2 Bank Guarantee/DD for EMD as per DNIT (Scanned copy on E-TENDER Portal and Physically to
Tender Inviting Officer in case of e-Tender
3 Copy of Inspection certificate issued by BSNL QA as per clause 4 of DNIT
4 Copy of valid TSEC/TAC as per clause 4 of DNIT
5 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.
6 Valid PAN No.
7 Valid GST Registration Certificate No or exemption certificate No.
8 Original Bid Form as per Section-9 Part-A.
9 Original Bid Document signed in all pages (scanned copy)
10 Power of Attorney as per clause 10.1 of Section-4 Part-A. (Scanned copy on E-TENDER Portal and
Physically to Tender Inviting Officer in case of e-Tender).
11 List of all Board of Directors of the company as per clause 10.1 of Section-4 Part-A.
12 Near relative certificates(s) as per format-6(B) of Section-6 and clause 10.1 of Section-4 part A
13 Under taking as per format-6(A) of Section-6.
14 Documentary proof of applicable rate of GST/Other taxes/duties. as per clause
10.1 of Section-4 Part-A.
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 as per clause 10.1 (g) of Section-
15
4 Part-A.

16 Clause-by-Clause compliance statement pursuant to clause 11.2 (c) Section-4 Part-A in


the format of annexure-7(F) of Bid Document.
17 No deviation statement for Clause-by-Clause compliance as per clause 11.2(c) of Section-
4 Part-A in the format of annexure-7(G) of Bid Document.
18 Copy of Certificate of Incorporation as per clause 10.1 of Section-4 Part-A.
19 Article of Memorandum of Association or Partnership deed or Proprietorship deed as per
clause 10.1 Section-4 Part-A.
20 Reg. Certificate from state Director of Industries of from Secretariat for Industrial Approval
(SIA) as per clause 10.1 section 4 Part-A.
21 Documentary evidence for financial capability as per clause 10.2 Section-4 Part-A.
22 Documentary evidence for technical capability as per clause 10.2 Section-4 Part-A.
23 Any other supporting documents asked for in bid document.
24 Detailed Bill of Material( BOM )
Contents of 2nd Envelope (Financial Bid/ BoQ)
1 Original Price Schedule (BOQ) as per Section-9 Part-B.

Read Understood and complied by 62


Signature of the Bidder
Annexure- A1

Annexure-A2

Read Understood and complied by 63


Signature of the Bidder
TENDER ENQUIRY NO: MM/10-30/AERIAL OFC/TENDER/2017-18/3 dated 02-11-2017
SECTION- 9 Part-B
(Part - I- Price Schedule for Indigenous Supply)

Unit price Total price


Amount
Basic Unit FF packing GST excluding inclusive of
SoR of Input HSN for
Total Price All ITC all levies and
Item tax Credit goods and
S.No quant excluding CGST SGST IGST inclusive amount charges but
Descripti (ITC ) to SAC for
ity all taxes Unit cost (net unit excluding
on Rate be availed services
& charges Amount Rate Amount Rate Amount Rate Amount cost to ITC (net total
* by BSNL
BSNL) cost)
13=4+6+
8=7x(4 10=9x( 12=11x 14=(8+
1 2 3 4 5 6=5x4 7 9 11 [(8+ 10) 15=13-14 16=3x15 17
+6) 4+6) (4+6) 10) or 12
or 12]
4F Drop
925
1 cable(G.
Km
657 A)

Notes for bidder:


1. Bidder must mandatorily quote for all GST components (CGST, SGST, IGST) as required
2. If Annual maintenance Contract charges are required to be quoted as per SOR, basic charges should be shown in column-4 & the Goods and Services Tax (GST) in column 7
3. 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.
4. 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 not disclose any amount in
column 7 to 12 & 14
5. * %age Rate of FF & packing should be shown of Basic Unit Price excluding all taxes & charges ( i.e as %age of Col.4)
6. The FF & packing amount quoted shall not be subject to change after bid evaluation/ ordering on account of change of Copper, Lead base price, changes in duties & taxes of item,etc.
7. Bidder must mandatorily mention HSN & SAC numbers .

Declaration by bidder
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.

Name and Signature of Bidder:

Read Understood and complied by 64


Signature of the Bidder
TENDER ENQUIRY NO: MM/10-30/AERIAL OFC/TENDER/2017-18/3 dated 02-11-2017
SECTION- 9 Part-B
(Part – II(a) - Price Schedule for Items to be supplied under Imported Category)
(Applicable for system integrator Bid or OEM Bid without High sea sales provision)
Basic unit price
Custom Duty GST on FF packing

(ITC ) to be availed by BSNL


of bidder to

excluding ITC (net total cost)


computation of custom Duty

HSN for goods and SAC for


FFP & I

Amount of Input tax Credit


All inclusive Unit cost
BSNL including

Total price inclusive of all


EC and

Customs tariff head Code


charges

Unit price excluding ITC


BCD, Cesses,

amount (net unit cost to


SHEC

levies and charges but


SoR Item Description

Assessable valve for

BCD (Cesses) IGST other logistics to CGST SGST IGST


S.No

bidder (but
excluding IGST
Total quantity

paid under
Col.10)
Amount

Amount

Amount

Amount

Amount

Amount

Amount

services
BSNL)
Rate

Rate

Rate

Rate

Rate

Rate

Rate
19=
18x 20=11+ 21=[{
10=9x 15=14 17=16 (11 13+[{1 15+17
6=5 8=6x (4+6+ 13=12 x(11+ x(11+ +13 5+17} } or 22=20 23=3*2
1 2 3 4 5 x4 7 7 9 8) 11 12 x11 14 13) 16 13) 18 ) or 19] 19] -21 2 24 25

Notes for bidder:


1. IGST (col.10) paid under the custo duty will not be available as ITC to BSNL. This IGST paid by bidder should not be included in arriving price shown in col.11 as it may be claimed as
ITC by bidder themselves.
2. Bidder must mandatorily quote for all GST components (CGST, SGST, IGST) as required/applicable for bidder for effecting supplies for evaluation of bid either{CGST+SGST} will be
taken into consideration. (This is for Col No.14 to 19).
3. If Annual maintenance Contract charges are required to be quoted as per SOR, basic charges should be shown in column-11 & the Goods and Services Tax (GST) in column 14 to 19
with calculations based on basic AMC cost quoted in Col. 11.
4. 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.
5. 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 not disclose any amount in
column no.21.
6. Under column no.13”FFP& Insurance charges” should be calculated in % age of “Basic unit sale price for BSNL” indicated under column no.11.
7. The FFP & I amount quoted shall not be subject to change after bid evaluation/ ordering on account of change of Copper, .Lead base price, changes in duties & taxes of item etc.
8. Bidder must mandatorily mention full 8-digit HSN & 6 digit SAC mandatorily for correct rate of BCD, Cesses and GST.
9. Values under Col.11 onwards shall be subject to revision only by ordering authority based on charges in rates of BCD and Cesses after issue of Apo.
Declaration by bidder
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 CTH code, HSN/ SAC shown in Col 24&25 are correct & credit of GST for the amount shown in column 21 above are admissible as per GST Laws.
Name of Bidder:
GSTN Number:
Read Understood and complied by 65
Signature of the Bidder
TENDER ENQUIRY NO: MM/10-30/AERIAL OFC/TENDER/2017-18/3 dated 02-11-2017
SECTION- 9 Part-B
(Part – II (b) - Price Schedule for Items to be supplied under Imported Category)
(Applicable for High sea sales provision)
Basic Unit Price excluding all

(ITC ) to be availed by BSNL

excluding ITC (net total cost)


Custom Duty GST on FF packing

HSN for goods and SAC for


FF P &I

Amount of Input tax Credit


All inclusive Unit cost

Total price inclusive of all


Unit price excluding ITC
charges

amount (net unit cost to

levies and charges but


SoR Item Description

BCD EC and SHEC IGST CGST SGST IGST

Customs tariff head


S.No

Assessable value
Per unit CIF cost
taxes & charges
Total quantity

Amount

Amount

Amount

Amount

Amount

Amount

Amount

services
BSNL)
Rate *
Rate

Rate

Rate

Rate

Rate

Rate
19=4c+6 20=10
10=(4 16= 18= +8+10+1 +[(14+
4 4 6=5 8=6x c+6+8 12=11 14=13 15x 17x 2+[(14+1 16) or 21=19 22=3*
1 2 3 4a b c 5 x4c 7 7 9 )x9 11 x4a 13 x12 15 12 17 12 6) or 18] 18] -20 21 23 24

Notes for bidder:


1 Bidder must mandatorily quote for all GST components (CGST, SGST, and IGST) as required
2 If Annual maintenance Contract charges are required to be quoted as per SOR, basic charges should be shown in column-4c & the Goods and Services Tax (GST) in column 13 to 18
with calculations based on basic AMC cost quoted in Col. 4c.
3 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.
4 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 not disclose any amount in
column 9, 10, 13 to 18 & 20
5 Under column No.11, “FFP & Insurance charges” should be calculated as % age of “basic unit sale price for BSNL” indicated under Col.4a.
6 The FF & packing amount quoted shall not be subject to change after bid evaluation/ ordering on account of change of Copper, Lead base price, changes in duties & taxes of item etc.
7 Bidder must mandatorily mention HSN & SAC numbers.
Declaration by bidder
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 CTH shown in Col 23 and HSN/ SAC shown in column 24 are correct & credit of GST for the amount shown in column 20 above are admissible as per GST
Laws.

Name and Signature of Bidder:

Read Understood and complied by 66


Signature of the Bidder

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