BSNL 4F Drop Tender Spec.
BSNL 4F Drop Tender Spec.
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)
E-TENDER DOCUMENT
E-TENDER FOR
SUPPLY OF 4F OPTICAL FIBRE DROP CABLE
From: To,
AGM (MM) .................................................
O/o CGMT, BSNL, .................................................
Kerala Circle, Trivandrum-33 .................................................
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
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
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).
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).
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.
******************
SCOPE OF WORK
SECTION- 3 Part B
A. General: Optical Fibre Drop Cable for FTTH Application (G.657A Fibre)
3 Impact strength 5 NM
4 Torsion + 360 0
IV Attenuation
1 At 1310 nm <0.38dB/Km
2 At 1550nm <0.25dB/Km
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.
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.
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
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:
********************
Read Understood and complied by 11
Signature of the Bidder
SECTION-3 Part C
SCHEDULE OF REQUIREMENTS (SOR)
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.
******************
9.7 The freight by sea for transportation of equipment/Stores from the nearest port in the main land to
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.
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.
21.5 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.
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
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.
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.
*****************
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.
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.
If the vendor does not return/ refuses to i) Take action to appoint Arbitrator to adjudicate the
return BSNL‟s dues: dispute.
(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.
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.
*********************
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.
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.
********************************
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]
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.
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.
*******************
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.
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.
16.2 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;
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. “
*********************
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)
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.
****************
6(A) - For understanding the terms & condition of Tender & Spec. of work
a) Certified that:
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.
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
PROFORMAS
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: ……………………………
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.
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: ……………………………
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.
h. The BANK undertakes not to revoke this Guarantee during its currency except with the
previous consent of the BSNL in writing
I/ We Mr. /Ms. …………………………………….. have submitted our bid for the tender no.
………………………….……… in respect of ……………………
………………………………………………………….. (Item of work) which is due to open on
…………………. (date) in the Meeting Room, O/o
………………………………………………………………………………….
Note 1: Only one representative will be permitted to attend the Bid opening
2. Permission for entry to the hall where bids are opened may be refused in case authorization as
prescribed above is not received.
--------------------------------
--------------------------------
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.
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.
ANNEXURE-„A‟
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.
ANNEXURE-„B‟
NO DEVIATION STATEMENT
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.
1. .
2. .
3.
Attested Accepted
Notary (Signature of Signatory of Tender offer of the firm)
(Signature)
*****************
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
……………………………………………………………………………………………………
……………………………………………………………………
BID FORM
To From,
…………………………………………. ……………………………………….
<complete address of the purchaser> <complete address of the Bidder>
…………………………………………. …………………………………
……………………………………… …………………………………
Signature ………………………….
Witness Name ……………………………..
Signature…………………………. In the capacity of ………………………….
Name …………………………….. Duly authorized to sign the bid for and on
Address ...................................... behalf of ..............................................
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.
Annexure-A2
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.
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
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