BSNLCO-MMT/14(11)/4/2024-MMT

I/622375/2024
BHARAT SANCHAR NIGAM LIMITED
(A Government of India Enterprise)
MMT Section, 2nd
floor, Bharat Sanchar Bhawan, Janpath, New Delhi - 110 001
From: To:
AGM (MMT) ................................................
2nd Floor, MMT Section, …………………………………
Bharat Sanchar Bhawan, HCM Lane, Janpath, …………………………………
New Delhi- 110001. …………………………………

E-file No. BSNLCO-MMT/14(11)/4/2024-MMT Dated: 29.02.2024

SUBJECT: TENDER DOCUMENT FOR SUPPLY, INSTALLATION, COMMISSIONING AND

MAINTENANCE OF GPON OLTs FOR BHARAT NET PROJECT of USOF.

Tender Enquiry No.: MM/BN-O&M/OLT/T-793/2024 Dated 29.02.2024

Please find enclosed the tender document in respect of above-mentioned tender which
contains the following.
Section No. Item Page No.
1. Detailed NIT 2-9
2. Tender Information 10-11
3 Part A Scope of work 12
3 Part B Technical Specifications/ Requirements 13-20
3 Part C Schedule of Requirements (SOR) 21
4 Part A General Instructions to Bidders (GIB) 22-41
Annexure-1 for Section 4 Part-A 42-47
4 Part B Special Instructions to Bidders (SIB) 48-50
4 Part C E-tendering Instructions to Bidders 51-53
5 Part A General (Commercial) Conditions of Contract (GCC) 54-70
5 Part B Special (Commercial) Conditions of Contract (SCC) 71-81
5 Part C Annual Maintenance Contract 82-91
6 Undertaking & declaration 92-94
7 Proforma (s) 95-116
8 Bidder’s profile & Questionnaire. 117-118
9 Bid Form & Price Schedule 119-122
10 Security Agreement 123-139
11 List of Documents (Checklist) 140-142
12 A/T Schedule 143-145
13 Terms and Conditions for Add-On Procurement 146-151
If interested, kindly submit your offers through online bids via the E-Tendering Process specified
at the portal [https://etenders.gov.in/eprocure/app] under the heading ‘Special Instructions to
Bidders for E-Tendering’ before end date/time as specified in clause 10 of Section-1.
AGM (MMT)
Phone Number - (Off) 011-2371 7844
E-Mail: [email protected]

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SECTION -1
DETAILED NOTICE INVITING E-TENDER (DNIT)

1. Purpose:
1.1 On behalf of USOF, DoT, Digitally signed Tenders are invited by BSNL(Project Management
agency–PMA) for following works for BharatNet Project, through the e-Tendering
Process:

S.N. Item Description Quantity

1. Supply of Equipment

GPON 4-Port Optical Line Termination Equipment (OLT) with

1.1 50,000
MTCTE certified GPON Equipment with 1-year OEM Warranty.

Element Management System (EMS) in 1+1 redundant mode with 2 (at Main
1.2
1-year on site OEM Warranty. and DR Site)

2. Services (Installation, Testing & Commissioning)

2.1 GPON 4-Port Optical Line Termination Equipment (OLT) 50,000

2 (at Main
2.2 EMS (1+1) and integration with NMS
and DR Site)

3. AMC of the equipment for 7 years after completion of warranty period

1.2 The instructions regarding supply of ‘Trusted products’ as mandated by DoT vide File no-
20-271/2010 AS-I (Vol-III) dated 10.3.2021, along with its amendments, issued from time
to time, shall have to be complied for this tender. The bidder shall have to obtain (if not
already obtained) approval of the product as a Trusted source from the National Security
Council Secretariat (NSCS) as per extant Government of India guideline, before supplying
the same.
1.3 The mandatory testing and certification of telecom equipment (MTCTE) provides that
every telecom equipment must undergo mandatory testing and certification prior to sale,
import for use in India. The equipment should meet above guidelines before supplies are
made.
2. Sale of Tender Document:
2.1 As this Tender Document shall be following the e-tendering Process, the Bidders may
download the detailed Tender from the Tender section of BSNL Web site
http://bsnl.co.in from 29.02.2024. The same Tender will be made available for
downloading from e-tender portal CPPP https://etenders.gov.in from 29.02.2024. The
tender document shall not be available for download after closing time.

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2.2 Bidders are advised to keep themselves updated from Tender section of BSNL Web site
http://bsnl.co.in & the Central Public Procurement portal (https://etenders.gov.in) by
NIC, till the date of opening of Tender for any amendment /clarification/corrigendum and
the bids are to be submitted online on Central Public Procurement Portal.
2.3 The bidders are required to submit Tender fee of ₹ 10,000 plus 18% GST, (Total of
₹11,800) preferably through online payment mode [RTGS/NEFT etc.] in BSNL A/c as per
the below mentioned Bank/Beneficiary Details under intimation to this office.
However, Tender Fee may also be submitted through DD/ Banker’s cheque (NOT
APPLICABLE FOR E-PAYMENT MODE).The DD/ banker’s cheque shall be drawn from any
Nationalized/ Scheduled Bank in favour of “AO (Cash), BSNL, C.O. New Delhi” and payable
at “New Delhi”. In case, the bidder submits Demand draft as Tender Fee/bid Security, the
Name of the bidder shall be mentioned in the DD/Bankers Cheque issued by Nationalized
/ Scheduled bank.
BSNL Bank/Beneficiary Details for e-Payment transaction (Applicable for both
Tender Fee/EMD):-
Beneficiary name : AO (Cash) Bharat Sanchar Nigam Ltd
Name of the Bank : Punjab National Bank
Bank Branch : ECE house, K.G. Marg, New Delhi-110001
IFSC Code : PUNB0112000
Bank Account No : 1120002102306372
MICR Code : 110024043
Swift Code : PUNBINBBDCG
The tender fee is non-refundable.
2.4 MSE (Micro & Small Enterprise) bidders (if OEM of offered equipment) are exempted from
payment of Tender Fee/Bid Security (if exemption from tender fee/ EMD is claimed by
them) provided they submit current and valid Udyam Registration Certificate issued from
the Ministry of MSME for the tendered items manufactured/produced and/or services
rendered by MSE bidder themselves. These exemptions are NOT APPLICABLE for Medium
Scale Units/ Traders/ distributors/ sole agent/ Works Contract. However, in case of
graduation (from a lower to a higher category e.g. Micro/Small to Medium) or reverse-
graduation (sliding down to lower category e.g. Medium to Micro/Small) of an enterprise
and consequent re-classification in its present category, the enterprise will be given the
benefit of the changed status only as per the latest guidelines issued by the Ministry of
MSME, Government of India. [For details Notification Dated 26th June 2020 and its
subsequent Amendment Dated 18th October 2022 issued by the MINISTRY OF MICRO,
SMALL AND MEDIUM ENTERPRISES may be referred].
Important Note: - In case of consortium bid or if bidder is not OEM of the offered
equipment, above exemptions for MSEs will be extended only if all the consortium
partners are MSEs.
Declaration of Udyam Registration Number by MSE bidders on CPPP is mandatory, failing
which such MSE bidders will not be able to enjoy benefits as per public procurement policy
for MSEs order 2012 for Tenders invited electronically through CPPP and may not be
included in bidders eligible for e-reverse auction( if applicable for tender), if otherwise H-
1 quoting bidders. The undertaking/self-declaration regarding submission of URN number

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I/622375/2024 on CPPP portal (etenders.gov.in) is to be uploaded online. MSE bidders should also mention
their social category (e.g., SC/ST/Women), if any"
3. e-Tendering Process:
BSNL has decided to use the e-Tendering Process for inviting proposals for this Tender and
thus the physical proposals under this Tenders will not be accepted. The special instructions
to Bidders for e-Tendering is provided in Section 4 Part B of this Tender.
4. Eligibility Criteria:
4.1 The bidder shall meet the following eligibility criteria:
Eligibility Criteria Documents Required
(1) The Bidder shall be a Company registered & (i) Copy of Certificate of
incorporated in India under the Companies Act, Incorporation, Memorandum of
1956 or 2013 and should have at least 3 years of Association and Article of
operations in India on the date of bid submission. Association
The bidder can be an OEM (Original Equipment (ii) PAN card.
Manufacturer) of the offered equipment or an SI (iii) GST Registration
(System Integrator) duly authorized by OEM
through MAF (Manufacturer Authorization Form) (iv) MAF, if applicable (Proforma
from the OEM or can bid in consortium agreement attached as Section-VII Part-E)
with OEM. (v) Consortium agreement [format
of agreement as per Section
7(H)] , if applicable.

(2) The Bidder should have a minimum average annual (i) Audited financial statements for
turnover of Rs. 175 Crores for the three (3) audited the last three financial years
financial years (2020-21, 2021-22, 2022- 23 or (2020-21, 2021-22, 2022-23 or ).
2021-22, 2022- 23, 2023-24). (ii) Certificate from the Statutory
If bidding in legally bound consortium, then the Auditor/ Company Secretary/
requirement can be met jointly by lead bidder and Chartered Accountant on
its consortium partner(s). turnover details for the last three
(3) financial years (2020-21,
In case the lead bidder as well as their OEMs (if 2021-22, 2022-23 or 2021-22,
bidder is not the OEM of the offered equipment), 2022- 23, 2023-24).
are MSEs, then the minimum average annual
turnover of only Rs. 50 Crores for the three (3) (iii) Udhyam Registration Certificates
audited financial years (2020-21, 2021-22, 2022- for both bidder and its OEMs( if
23 or 2021-22, 2022- 23 , 2023-24) is required to bidder is not OEM) issued from
be met. Again, if such bid is in legally bound MSME (if claiming relaxation in
consortium then then the requirement can be met turnover)
jointly by lead bidder and its consortium partner(s).

(3) The Bidder or their OEM, should have executed Experience/ Work Completion
similar kind of project (supply and/or Installation Certificate issued & signed by the PO
& Commissioning) for 5,000 OLTs of 4 or more issuing authority or an authority
ports, in the last ten years, as on the bid opening authorized by the PO issuing
date.
authority of the client entity (only
The projects executed individually by bidder or central government departments/
their OEMs can be added to meet the requirement State Government departments/
of this clause. PSUs/ Telecom Service Providers/

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Eligibility Criteria Documents Required
The requirement of experience for supply and/or IP-1 licensee/ Category-A ISPs)
Installation & Commissioning, shall be 2000 OLTs (Self- Certification by the bidder,
of 4 or more ports, in the last ten years, as on the bid alone shall not be accepted) along
opening date for the MSE bidder (as defined by with the supporting documents such
MSME) or Startups (as defined by DPIIT), subject to as Work order/ Purchase order OR
condition that the OEM(s) proposed in its bid are
Contract clearly highlighting the
also MSEs.
scope of work and quantities of the
In case bidder claims its bid to be under Class-I / contract/ order.
Class-II Local supplier, as per DPIIT guidelines Udhyam/ Startup Certificate/ Local
dated 16.09.2020, to be read along with content certificate (with certificate
clarification dated 04.03.2021 on LC calculations or
from Cost / Statutory auditor (as per
any subsequent clarifications issued by DPIIT, the
requirement of experience for supply and/or DPIIT guidelines).
Installation & Commissioning, shall be 2000 OLTs
of 4 or more ports, in the last ten years, as on the bid
opening date.
Since the bidder is allowed to quote up to three
make/models for OLT (meeting requirement of
TSEC under S. No. 4 of table under 4.1), if bidder
claims preference as Class-I Local bid, then they
should offer products of makes/models meeting
their claim of Class-I Local bid.

(4) Quoted model of GPON OLT should have got Type Copy of TAC/ TSEC or Form-B issued
Approval Certificate (TAC) from Telecom by TEC/ BSNL QA registered QF-103,
Engineering Centre (TEC), New Delhi or Technical as the case may be.
Specification Evaluation Certificate (TSEC) from
Quality Assurance Circle, BSNL, Bengaluru, against
the technical specifications mentioned in Section-3
Part B of this document or bidder (or its OEM)
should have applied for TAC/ TSEC before the date
of bid submission.

(5) The Bidder or their OEMs should not be blacklisted/ Undertaking from the bidder(s) and/
debarred with Ministry of Communication or BSNL or OEMs, as the case may be.
or debarring order issued by Department of
Expenditure (DOE), Ministry of Finance (MOF)
covering all central Ministries/ Departments as per
provision of OM No. F.1/20/2018-PPD by
Department of Expenditure (DoE), MoF dated on
2nd Nov. 2021; as on Bid submission date.

(6) The quoted or previous version of the quoted GPON The bidders shall submit
OLT should have been successfully deployed and certificate(s) from the end user(s)
working in any TSP or ISP network. for the satisfactory working/
performance of the deployed GPON
OLT. The user certificate may be
related to the quoted equipment
either deployed for field trial or for
commercial operations.

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Eligibility Criteria Documents Required
(7) Non Local Bids along with Class-I/ Class-II Local Form-1 for Local content (LC)
bids shall be eligible to participate in tender. declaration along with certificate
from Cost / Statutory auditor (as per
However, Preference will be given to bidder with
DPIIT guidelines) for declared LC
Local content (LC) of bid under Class-I Local (50%
shall be submitted,
or above) as per DPIIT guidelines dtd 16.09.2020 to
be read along with clarification dated 04.03.2021
on LC calculations or any subsequent clarifications
issued by DPIIT.

4.2 The bidder may quote up to three models for OLT (meeting requirement under S. No. 4 of
above table), along with their respective quantity for the tender.
4.3 Any bidder from a country which shares land border with India will be eligible to bid if the
bidder is registered with the competent authority as specified in Annexure-I of O.M. No.
7/10/2021-PPD(1) Dated 23.02.2023 from Department of Expenditure, Ministry of
Finance. The bidders shall submit an undertaking in this regard as per format provided
under Section-6 Part C, of this tender document.
5. Public Procurement (Preference to Make in India);
5.1 In accordance to guidelines of GoI issued vide No. P-45021/2/2017-PP(B.E.-II) dated 16th
September, 2020, No. P-45021/102/2019-BE-II- (part(I) (E-50310) dated 04.03.2021 and
instructions as amended from time to time by Govt. of India, in order to encourage make in
India and promote manufacturing and production of goods and services in India,
preference will be given to domestically manufactured equipment envisaged to be
procured through this tender. A copy of the aforesaid Notifications/ Guidelines/
Amendments can be downloaded from Department of Promotion of Industry and Internal
Trade website i.e. URL www.dipp.gov.in. Purchase preference for domestic manufacturer,
methodology of its implementation, value addition to be achieved by domestic
manufacturers, self-certification and compliance and monitoring shall be as per the
aforesaid Guidelines/ Notifications. The Guidelines may be treated as an integral part of
the tender document.
5.2 This Procurement will fall under Divisible category and provisions under Clause 3A sub-
clause (b) of DPIIT Policy dated 16.09.2020, will apply.
5.3 As per aforementioned guidelines there shall be three categories for
manufacturers/suppliers:
(a) Class-I Local Supplier: A supplier or service provider whose goods, services or works
offered for procurement meets minimum ‘Local Content’ of 50%.
(b) Class-II Local Supplier: A supplier or service provider whose goods, services and works
offered for procurement meets minimum ‘Local Content’ of 20% but less than 50%.
(c) Non-Local Supplier: A supplier or service provider whose goods, services and works
offered for procurement has ‘Local Content’ less than 20%.
5.4 The Local Content shall mean the amount of value added in India which shall be the total
value of item procured (excluding net domestic indirect taxes) minus the value of imported
content in the item (including all custom duties) as a proportion of the total value, in

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I/622375/2024 percent. DPIIT letter dated 16.09.2020 & 04.03.2021 and any subsequent clarification
shall be referred for calculation of Local Content of bid.
5.5 It is mandatory for the bidder to submit a self-certification as per proforma in Section 7
Part G, along with the bid that the items (Excluding Services (I&C) and AMC value) offered
as package in this tender meets the minimum local content and shall give details of the
locations at which the local value addition is made. In addition, such bidder is also required
to provide a certificate from the statutory auditor or cost auditor of the company giving the
percentage of local content in accordance to DPIIT letter dated 16.09.2020 & 04.03.2021
and any subsequent clarification. Furnishing of false information on this account shall
attract penal provisions as per the Guidelines/ Notification.
5.6 Department of Expenditure, Ministry of Finance guidelines on 'Concurrent application of
Public Procurement Policy for Micro and Small Enterprises Order, 2012 and Public
Procurement (Preference to Make in India) Order, 2017' notified vide O.M. No.
No.F.1/4/2021-PPD dated 18.05.2023, and the same Circulated by DPE vide O.M. No.
DPE/3(3)/10-Fin. Dated 29.05.2023, shall be applicable for the tender (for award of work).
6. The Bidder shall provide an undertaking for providing warranty & annual maintenance
services for the supplied equipment as per the provisions of Section 5 Part C General
Conditions of the AMC & Warranty in this Tender Document.
7. The bidders shall submit all 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.
8. In case the supplier gets black-listed by GST Authorities 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 a default of a supplier. Bidder should submit an undertaking to this effect.
A self-declaration along with the evidence that the bidder is not black listed by GST
authorities shall be submitted by supplier. In case the supplier gets GST black-listed by GST
Authorities during the tenure of BSNL contract, in that case or in any other scenario the loss
of Input Tax credit to BSNL will be recovered from the bidder.
9. EMD/Bid Security:
9.1 The bidder shall furnish the EMD/ Bid security for an amount Rs. 2 Crore, preferably
through online payment mode as per the Bank/ Beneficiary Details under 2.3 above.
However, Bid security may also be submitted through DD/ Banker’s cheque in one of the
following ways:
(a) Demand Draft/ Banker’s cheque drawn in favour of ‘A.O. (Cash), BSNL Corporate
Office, New Delhi’ and Payable at New Delhi; or
(b) Bank Guarantee from a Nationalized/scheduled bank (except co-operative bank) in
India drawn in favour of ‘DGM (MMT), BSNL C.O. Delhi’ which should be valid for 210
days from the Bid Closing Date. Copy of SFMS by bidder’s Bank shall also be submitted
at time of issue of EMBG as well as time of renewal, if any.
(c) In form of Insurance Surety Bond as per Format provided under section 7 Part A (ii) &
valid for 210 days from the Bid Closing Date

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9.2 MSE (Micro & Small Enterprise) bidders are exempted from payment from Bid Security.
Refer clause 2.4 above in this regard.
10. Last Date & Time of Submission of Bid:

The following is the tentative schedule of activities associated with the Tender:

S. N. STAGE DATE & TIME

BSNL Website
Start date of availability of Tender
1. 29.02.2024 & CPPP
Document on BSNL website and e- Tender portal
05.03.2024
2. Last date for receipt of queries from bidders. 07.03.2024
Last date and time for receipt of sealed bids (both 11:30 Hrs of
3.
Techno- commercial & Financial) 21.03.2024
Time and Date for opening of eligibility cum Technical 12:00 Hrs of
4.
Bid. 22.03.2024
To be notified after
5. Time and Date for opening of financial bid. Technical bid
opening.
11. Place of opening of Bids:

11.1 The online tenders submitted by bidders shall be opened through ‘Online Tender Opening
Event’. BSNL’s Tender Opening Officers as well as authorized representatives of bidders
can attend the Online Tender Opening Event (TOE) from the comfort of their offices.
Kindly refer Section 4 Part C of Tender document for further instructions.
11.2 However, if necessary, the authorized representatives of Bidders can attend the TOE
physically in the MMT section, 2nd Floor, Bharat Sanchar Bhawan, Janpath, New Delhi,
where BSNL’s tender opening officers shall be conducting the TOE.
12. Non-acceptance of Bids submitted late

Tender bids/ required offline documents will not be accepted after due time & date.

13. Rejection of Bids

13.1 Incomplete, ambiguous, conditional, unsealed Bids are liable to be rejected.

13.2 CMD, BSNL reserves the right to accept or reject any or all Bids without assigning any
reason and is not bound to accept the lowest tender.
14. Adherence to published Tender

14.1 The Bidder shall furnish a declaration under his signature that no addition/ deletion/
corrections have been made in the Tender document being followed for submission of Bid
and it is identical to the Tender (including its amendments and clarifications to pre-bid
queries) appearing on the e-Tendering Portal used by BSNL for processing this tender.
14.2 In case of any correction/ addition/ alteration/ omission in the Tender terms &
conditions submitted as a part of the submission of Bid, the Bid shall be treated as non-
responsive and shall be rejected summarily.

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15. 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.
16. All computer-generated documents should be duly signed/ attested by the bidder/ vendor
organization.
17. Integrity Pact Program is implemented for this tender for which signing of Integrity Pact is
mandatory for the purchaser and bidder. Format of Integrity Pact is provided in the tender
document at Section 7 Part D Proforma(s). To oversee the implementation of Integrity Pact
Program, Independent External Monitors (IEMs) are appointed by BSNL whose
information is available under the link- Independent External Monitor-on Home page of
www.bsnl.co.in.
18. The queries in respect of the bid document, if any, can be submitted through Email, latest
by 07.03.2024. Any query received after this date will not be entertained.

BSNL Contact-1
BSNL’s Contact Person Sh. Mohammad Faizan AGM(MMT)
Telephone (011) 2371 7844
[between 9:30 hrs to 18:00 hrs on working days]
E-mail ID [email protected]
BSNL Contact-2
BSNL’s Contact Person Sh. Sameer, DM(MMT-IV)
Telephone (011) 2303 7172 , Mobile No.9868892555
[between 9:30 hrs to 18:00 hrs on working days]
E-mail ID [email protected]

Only those queries received through email that are received by the Purchaser within the
prescribed schedule shall be considered for issue of clarification. The format of the queries
shall be raised as below (to be submitted in MS-Excel sheets only):
Query Section Part Main Sub Sub Sub– sub Page Clause Query
No Clause clause Sub sub Number Description
Clause Clause

Clarifications issued by BSNL, either by its own volition or in response to the queries raised
by the prospective Bidders shall form an integral part of Tender Document and shall be
treated as amendment of relevant clauses of the Tender Document.

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SECTION -2
Tender Information

1. Type of tender:

The Tender shall follow single stage bidding (both techno-commercial and Financial bids to
be submitted together) and two stage opening, using two electronic envelopes/ bid parts.
[Note: The techno-commercial Bids will be opened in first stage & evaluated and the financial
Bids of only those Bidders whose techno-commercial Bids are substantively responsive, shall
be opened subsequently].
E-reverse auction is not applicable for this tender.
2. Period of Validity of Bids

2.1 Bids shall remain valid for 180 days from the Bid Closing Date prescribed by the
Purchaser pursuant to Clause 13 of Section 4 Part A. Any Bid valid for a shorter period
shall be rejected by the Purchaser as non-responsive.
2.2 In exceptional circumstances, the Purchaser may request the consent of the Bidder for an
extension to the Bid Validity Period. The request and the response thereto shall be made
in writing. It is clarified that a Bidder, accepting the request for extension of Bid Validity
Period, will not be permitted to modify its Bid.
3. Documents supporting the Bid

3.1 The first electronic envelope will be named as ‘technical envelope’ & will contain
documents of bidder’s satisfying the eligibility / Technical & commercial conditions and
2nd electronic envelope will be named as ‘financial envelope’ containing financial quote.
Offline documents shall be submitted in Envelope-3(offline). These envelopes shall
contain one set of all the documents as mentioned in Section 11. Broadly, following
documents are to be submitted:
a) Techno-commercial envelope (called technical envelope on e-tender portal) shall
contain scanned copies of all documents as mentioned against envelope No E.E-1 in list
under section 11.
b) Financial envelope shall contain scanned copies of all documents as mentioned
against envelope No…E.E-2 in list under section 11: Refer section 11.
3.2 Offline Submissions:- Originals of all the documents as mentioned against envelope
No.P.E-3 under section 11. The envelope containing these documents are required to be
submitted to AGM (MMT), BSNL C.O., 2nd Floor, Bharat Sanchar Bhawan, Janpath, and New
Delhi-110001 on any date on or before bid submission end date or within 5 days after bid
submission end date, in a sealed envelope.

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The envelope shall bear the Tender Enquiry number, name of work and the phrase: “Do Not
Open Before (due date & time of opening of tender).
3.3 However, scanned copies of the required documents (whichever applicable) are to be
mandatorily uploaded by the bidder in the online Technical bid part (1st electronic
Envelope i.e. Technical Envelope) on e-tender portal, failing which the tender bid shall
be archived unopened / rejected/ not admitted on e-tender portal at bid opening stage.
4. Delivery Schedule

The delivery schedule has been provided at Clause 5 of SECTION -5 PART B.

5. Payment terms

The payment terms have been provided at Clause 6 of SECTION -5 PART B. All statutory taxes
as applicable shall be deducted at source before payment
6. Non-Disclosure agreement:
The successful bidder is required to sign and submit a mutual Non-Disclosure Agreement
(NDA) with Purchaser (here BSNL) as per the format available in Section –7 Part F of the
Tender document on a non-judicial stamp paper of Rs.100/- at the time of award of
APO.
7. Before placement of Purchase Order/Work order on the bidder, the documents submitted
by the bidder against eligibility criteria (Clause – 4, Section-1) will be verified by BSNL. For
this purpose, the bidders shall be required to produce original documents for verification.
The PO/work order will be placed on the vendor only after successful verification of the
aforementioned documents, apart from fulfilment of other conditions of APO/AWO.
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SECTION 3 PART A
SCOPE OF WORK

1. The scope of work to be performed is “Supply, Installation & Commissioning of GPON 4

Port Optical Line Termination Equipment with MTCTE certified GPON Equipment
(including EMS) with 1-year Warranty as per technical specification mentioned in Section
3 Part B – DTR (Detailed technical Requirements).
2. DELETED
3. The AMC of the equipment shall be for 7 years post warranty. However, AMC shall initially
be ordered for 5 (five) years. BSNL shall have the right to extend or not to extend the AMC
for further 2 years beyond initial 5 years.
4. The successful bidder shall ensure integration requirement of the OLTs with the existing
(Phase-I & II)/ upcoming BharatNet network.
5. The OLTs and associated equipment supplied under this tender shall be installed at Gram
Panchayats (GPs) in a suitable building, as decided by BSNL.
6. Bidder shall Supply, Install & Commission Optical Line Termination Equipment (OLTs) as
per consignee detail. The detailed list of the consignees along with GPs for I&C shall be
provided at the time of issue of the P.O.
7. Acceptance Testing of all equipment will be carried out as per prescribed guidelines.
8. The OLTs through EMS will be integrated with the Central BharatNet NOC/ NMS.
9. The bidder shall provide necessary technical support as & when required for integration
with BSNL/ BharatNet network.
10. Entire supplied equipment shall be new and not refurbished.
11. The bidder shall include any other hardware/ software item required for installation &
commissioning of the supplied material.
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SECTION 3 PART B
Detailed Technical Requirement (DTR)

A. TECHNICAL SPECIFICATIONS OF GPON OLT:

1. GENERAL
1.1 The GPON OLT shall comply with the latest & relevant ITU-T recommendations and generic
requirements of the TEC GR No. TEC/GR/FA/PON-002/02/NOV-18 with all amendments.
In case of any conflict in interpretation of this GR, a specification of this tender supersedes
GR. Some of the technical requirements are given below:
1.2 GPON equipment should be MTCTE certified before delivery.
1.3 GPON equipment should comply “Trusted Source”. The OLTs shall be approved from
trusted source, before delivery. In case, the make/ model is not approved from trusted
source then, the bidder shall provide all documents/ information to BSNL for application
on trusted portal in their technical bid.
1.4 The GPON OLT shall provide aggregation & switching functionality between the core
network and PON interfaces. It shall offer PON interfaces towards ONTs& service node
interfaces (SNI) towards core network. OLT shall interface the core network at various
Ethernet interfaces as required. The SNI at OLT is envisaged to provide various Gigabit
Ethernet and 10G Ethernet interfaces.
1.5 Transport of voice services shall be supported as Voice over Packet between ONT and OLT.
The voice traffic shall be terminated at OLT across IP over Ethernet interfaces (with SIP
signaling & ITU-T Rec.G.711 framing), thus creating a simple evolution path to an all IP
network with soft-switches, as needed.
2. PON Requirements
2.1 The maximum differential logical reach shall be 20 KM as per GPON standards G984.x
2.2 High splitter ratio support to access 64 terminals from single PON.
2.3 The upstream &downstream shall be 1.244Gbps and 2.448Gbps respectively per OLT GPON
Port with link/optical budget.
2.4 Mini-OLT shall have minimum 4 PON ports or above.
2.5 Mini-OLT shall have SNI interface 3x 1G (Optical) and 1 RJ45 port.
3. LAYER 2 REQUIREMENTS
3.1. MAC
I. MAC learning shall be supported at OLT level

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II. It shall be possible to enable / disable MAC address learning function and configure the
MAC learning aging time.
III. Support for MAC address limiting: It shall be possible to set maximum number of MAC
addresses from the ONT UNI through OLT. When the MAC address limit is reached,
subsequent MAC addresses from that specific ONT UNI will not be learned.
IV. OLT should have 4096 port-IDs per GPON MAC (Downstream and Upstream) & 1024
Alloc -IDs per GPON MAC (Upstream )
V. The OLT shall have a function to store the corresponding relationship of userid, VLAN
tag value and port id number.
3.2. VLAN
I. Port id based VLAN shall be supported at OLT.
II. Should have port based QinQ and selective QnQ (vlan stack)
III. Should have port based/mac based/ ip subnet based vlan

IV. OLT shall support the following VLAN operations, VLAN insertion in ingress process,
and VLAN removal in ingress process and VLAN stacking per 802.1ad
V. The OLT should be able to configure up to 3966 (1-3966) VLAN
VI. VLAN forwarding / Filtering database should be based on IVL (Independent VLAN
learning)
VII. Classification based on Classification based on 802.1p bit and VLAN id

3.3. LOOP PROTECTION

I. STP/RSTP/MSTP
II. Remote loop detecting
3.4. PORT
I. Bidirectional bandwidth control
II. Static link aggregation and LACP (Link Aggregation Control Protocol)
III. Port mirroring and traffic mirroring
IV. Rate limiting
V. Ethernet user interface at SNI of OLT: For P2P application, the SNI interface of the OLT
may be GbE as per below:
(a) 1000Base SX (50 µ multi-mode) Interface.
(b) 1000 Base LX (10 µ single mode @1310 nm) Interface.
(c) 1000 Base ZX (10 µ single mode @ 1550 nm) Interface.

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3.5. FILTERING
I. Filtering by destination MAC address.
II. Filtering by source MAC address.
III. Filtering of 802.1x packets (Optional).
IV. Support of Ethernet port authentication (Optional)

3.6. Dynamic Bandwidth allocation (DBA):

I. Maximum Bandwidth limiting.
II. Minimum guaranteed bandwidth
III. Two Or more level (Preferred four) classes of classification.

IV. Piggy-back DBRu report mode 0.

V. Idle GEM DBA.
VI. Concurrent support of idle GEM and Piggy-back DBRu mode 0 support.

VII. T-CONT Type 1 to Type 4

4. SECURITY REQUIREMENTS
I. Anti-DOS attack feature
II. SSHv2 Secure shell
III. SNMP v3 encrypted management

IV. Hierarchical management of user and option to add several privilege levels like
administrator, operator , guest etc
V. User based MAC and ARP traffic examination
VI. Dynamic ARP table-based binding

VII. ACL and SNMP ACL feature

VIII. Port based broadcast/multicast suppression

IX. DHCP Option 82

X. TACACS/RADIUS functionality should be present

XI. Login banner and post declaration option

XII. Should have Advanced Encryption Standard (AES) for downstream traffic
XIII. MAC ADDRESS LIMITATION PER PORT

XIV. System software up gradation at regular intervals

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XV. Traffic Protection –Anti-Spoofing

XVI. Shall support secure network protocols such as SFTP/HTTPS/SCP etc.

XVII. Shall support MAC security function

XVIII. Shall support SNMPv3 and 128 bit AES algorithm for Encryption
XIX. Anti-Malware Software automated or real-time scanning feature must be enabled

5. SERVICE REQUIREMENTS
5.1. QoS
I. Rate limit to packet sending/receiving speed of port or self-defined flow and provide
general flow monitor and two-speed tri-colour monitor of self-defined flow.
II. Priority remark to port or self-defined flow and provide 802.1 P, DSCP priority and
remark
III. Should have CAR (Committed Access rate), traffic shaping and flow statistics packet
mirror and redirection of interface and self-defined flow.
IV. Should have super queue scheduler based on port and self-defined flow. Each port/flow
supports 8 priority queues and scheduler of SP, WRR and SP + WRR.
V. Congestion avoid mechanism, including Tail-Drop and WRED

5.2.
(A) IPv4
I. ARP Proxy
II. DHCP relay and DHCP server
III. Static Routing
IV. RIP v1/v2
V. OSPFv2
(B) IPv6
The equipment shall be IPV6 compliant with all the features as mentioned in clause
5.2.(A) above.
5.3. Multicast
I. IGMP v1/v2/v3
II. IGMP Snooping
III. IGMP filter
IV. IGMP fast leave
V. IGMP filter
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VI. MLDv2 snooping

5.4. VoIP
I. OLT shall transparently support SIP/H.248 signaling and all required codecs
II. Static and dynamic IP allocation should be supported.

6. MAINTENANCE REQUIREMENTS
6.1. Network Maintenance
I. Port real-time utilization and transmit/receive statistic
II. Ping/traceroute
III. GPON OMCI and OLT management software
6.2. Device Maintenance
I. CLI, console port, telnet , SSH and web access
II. NTP/SNTP
III. Network Management
7. RELIABILITY REQUIREMENTS
I. The OLT shall have local status monitoring, System Event & Alarm Logging with
Severity Critical/Major/Minor, Local Alarm storage and Syslog logging.
II. OLT shall support LED status indication
III. Power - Indicates power ON status
IV. Indicate Alarm status.
V. Alarms: The alarms & consequent actions shall be possible to monitor via EMS & LCT
of the equipment as per ITU-T G 984 series Recs.
8. INTEROPERABILITY REQUIREMENTS
OLT shall also interoperable with all existing ONTs being used in BSNL and any future
ONTs to be used, by loading of suitable patches without any additional cost. It will be
preferred if the loading of Patches is done thru EMS/ NMS without visiting site.
All bidders shall complete inter-operability test with the successful bidders and MTCTE
approved supplier of ONTs. All successful bidders shall provide quoted OLT to BSNL at
BBNW Circle NOC at Bangalore, for interoperability testing (IOT) with existing equipment
in BharatNet network.
9. PHYSICAL REQUIREMENTS

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9.1. Mechanical standards:
I. OLT should be 19” rack 1 U mountable pizza box fully compliant with ITU GPON
standards.
II. The equipment shall be fully solid state and adopt state of the art technology.
III. The equipment shall be compact & composite in construction & light-weight.
IV. The bidder shall mention the actual dimension & weight of the offered equipment’s.
V. The adapters to be provided for terminating in adapters/ connectors on OLT side shall
be SC-PC. The connectors/ adapters at ONT side shall be SC-APC.
VI. OLT should have Dual redundant & Hot standby AC power supply and power
consumption should be less than 50W.
VII. Switch fabric in OLT shall be able to handle full wired speed throughputs.
VIII. Dual fan as Hot standby shall be provided
9.2. Environmental requirements: The OLT supplied shall comply with environmental
standard QM-333, B2‟ category.
9.3. Power supply: Powering requirement for OLT shall be as per below:
I. For AC operation, the normal power supply is 160 to 270 V AC, 50 ±5 Hz. The OLT shall
be designed to have protection of power transient, power surge and power blowouts.
II. The equipment shall be adequately protected in case of voltage variation beyond the
range as specified above and also against input inverse polarity.
III. The derived DC voltages in the equipment shall have protection against over voltage,
short circuit and over load.
10. INTERFACES SUPPORTED
1) Southbound Interface towards the OLTs is SNMP v2c/v3.
2) Web service based Northbound Interface for integration with OSS Applications.
11. CERTIFICATIONS
1) TEC-GR Compliant
2) TSEC compliant

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B. EMS REQUIREMENTS

EMS (Element Management System) provides an easy to use and effective centralized
management solution for GPON network elements namely OLTs and ONTs.
2. GENERAL
1) Every successful bidder will also provide EMS to manage order quantity with 25% buffer
to add OLT and ONT in the network without any additional cost, in hardware/ software.
Solution should comply with ITU-T or any other better interface between the EMS and
the Network elements. Furthermore, suitable network interface and software in the EMS
should be supplied, so as to have a common/ centralized network management system
of different vendors.
2) The Bidder will also provide SNMPv2C/ SNMPv3 or any other better interface as the
South Bound Interface between the EMS and the Network elements.
3) Furthermore, REST API/TMF-814/CORBA shall be supplied as the North bound interface
along with suitable network interface and software in the EMS, so as to have a common/
centralized network management system of different vendors.
4) The EMS shall support full management capability over the Northbound Interface
including Inventory, Fault Performance, Provisioning, Protection, Accounting, Security,
Configuration management features which enable end to end management and
monitoring of network from the NMS.
5) The supplier shall provide basic provisioning system software to enable provisioning of
circuits/ bandwidth at any OLT from the EMS itself. The provisioning software shall be
customized as per the BSNL requirements.
6) The vendor who is selected to supply the equipment will provide, without any additional
cost, the software upgrades, patches for a period of seven years from the date of
completion of supplies for their equipment. They will also provide/ make necessary
changes without any additional cost, in hardware/ software to ensure compliance to ITU-
T or any other better interface between the EMS and the Network elements
7) The Bidder will also provide/ make necessary changes without any additional cost, in
hardware/software to ensure compliance to Q3 interface of ITU-T or SNMPv2C/ SNMPv3
or any other better interface as the South Bound Interface between the EMS and the
Network elements. Furthermore, TMF-814/ CORBA shall be supplied as the North bound
interface along with suitable network interface and software in the EMS, so as to have a
common/ centralized network management system of different vendors. Bidder has to
have open interface architecture so that if required it can be integrated in future and
vendor shall render full support at that stage to facilitate such integration. The protocol
used to communicate between ONT and SPV should be based on Q3 interface of ITU-T or
SNMPv2/v3 or any other protocol.
8) EMS shall have the provision/ alarms showing the status of battery health.

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3. SALIENT FEATURES REQUIRED:

1) Auto Discovery and Sync of OLTs and ONTs.
2) Detailed Chassis & Tree View for configuration and reporting.
3) Fault Management (Current/History Alarms, Tabular Graphical Reports).
4) Performance Management (Current/History performance data, Tabular Graphical
Reports).
5) Configuration Management.
6) Security Management.
7) Accounting Management.
8) Advanced features for remote software upgrade on OLTs and ONTs.
9) “One Stop App” for reporting and user friendly graphs.
10) Automatic E-Mail delivery upon alarms of operator's interest.
11) Role and geographical Based Access Control (RBAC).
12) Logging of important user operations and events in the network.
13) High Availability and Disaster Recovery.
14) EMS shall provide status of battery health.
4. TECHNICAL SPECIFICATIONS
1) EMS running on 4 CPU, 14 cores per CPU, 128 GB RAM
2) Should handle all OLT and ONTs
3) Performance and fault history for 30 days.
4) Management data and history data needs to be maintained for a period of 6 months
5) Independent handling of user requests towards different OLTs.
6) EMS GUI access through standard web Browser like IE, Firefox, Google Chrome.
7) EMS should support up to 100 concurrent GUI users.

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SECTION 3 PART C
SCHEDULE OF REQUIREMENT (SOR)

S.N. Item Description Quantity

1. Supply of Equipment

GPON 4-Port Optical Line Termination Equipment (OLT) with

1.1 50,000
MTCTE certified GPON Equipment with 1-year OEM Warranty.

Element Management System (EMS) in 1+1 redundant mode with 2 (at Main
1.2
1-year on site OEM Warranty. and DR Site)

2. Services (Installation, Testing & Commissioning)

2.1 GPON 4-Port Optical Line Termination Equipment (OLT) 50,000

2 (at Main
2.2 EMS (1+1) and integration with NMS
and DR Site)

3. AMC of the equipment for 7 years after completion of warranty period

Note:
1. Bidder shall furnish the detailed Bill of Material (BOM) for each SOR item of Supply of
Equipment mentioned above. The detailed Bill of Material should clearly mention all the
components including quantities, constituting the SOR item.
2. 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.
3. Any additional item if required, should be made part of one of the items mentioned in
above schedule of requirement and should be quoted in the detailed Bill of material of that
SOR item.

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SECTION-4 PART A
General instructions to bidders

1. DEFINITIONS
a. "The Purchaser" means the Bharat Sanchar Nigam Ltd. (BSNL) in their respective area
of operation.
b. "The Bidder" means the individual or firm or corporate entity who participates in this
tender and submits its bid. Bidder shall also mean Lead bidder if bidding in consortium.
c. "The Supplier" or “The Vendor” means the individual or firm or corporate entity
supplying the goods / services 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. "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.
i. “Successful Bidder(s)” means the bidder(s) to whom work/contract(s) is awarded
against this tender.
j. “Annual Maintenance Contract” or “AMC” shall mean the written arrangement between
the Purchaser and the Successful Bidder to be executed upon the expiry of the Warranty
Period for the maintenance and/ or support of the relevant Equipment substantially in
the form set forth in Section 5 Part C.
k. “Applicable Laws” shall mean any law, statute, ordinance, rule, regulation, guideline,
policy or other pronouncement having the effect of law of any Governmental Authority,
as interpreted and administered including any modifications or amendments thereto.
l. “Bids” shall mean the response to the Tender to be submitted by the Bidder to BSNL in
accordance with the provisions of this Tender on or before the Bid Closing Date.
m. “Circle” shall mean a telecom circle within the Territory, as specified by the Department
of Telecommunication, Government of India.

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n. “Commissioning” of a network element shall mean its’ putting into use, for carrying live
traffic or for its intended use, after functional tests. The date of such putting into use will
be considered for determining the significant date for purpose of assessment of
liquidated damages if any, determination of commencement date for warranty & AMC
date and qualifying for payment milestone.
o. “Contract” shall mean the Purchase Order along with supporting documentation to be
placed upon the Supplier by the Purchaser after the Performance Security and
unconditional unequivocal acceptance of APO has been received by the Purchaser from
the Supplier.
p. “Existing Vendor (s)” shall mean vendors from whom GSM/UMTS based cellular mobile
network equipment was purchased under previous contracts by BSNL for their
respective area of operation and with whom AMC/CAMC contracts are subsisting.
q. “E-Tendering Portal” or “Portal" shall mean [(NIC’s e-tender portal-
(https://etenders.gov.in/eprocure/app)
r. “Documentation” shall mean the offered system/equipment description documents,
general instruction(s), drawings, diagrams and any other written material including
electronic material (such as in the form of CD-ROM or other electronic media) and in the
English language only, and in Supplier’s standard format that the Supplier has provided/
shall provide to BSNL in respect of the network equipment;
s. “DOT” or “DoT” shall mean the Department of Telecommunications, Government of
India.
t. “Governmental Authority” shall mean any governmental authority, statutory authority,
government department, ministry, secretariat, agency, commission, board, tribunal,
court or other law, rule or regulation making body/ entity having or purporting to have
jurisdiction on behalf of the Republic of India or any other government having or
purporting to have jurisdiction over a Party, or any state or other subdivision thereof or
any municipality, district or other subdivision thereof including, without limitation, the
Chairman, Department of Telecommunications, Ministry of Communications,
Government of India and/or any other telecom regulatory authority, including Telecom
Engineering Center, having competent jurisdiction; and/or Chairman, Telecom
Regulatory Authority of India, and includes any officer empowered by them to perform
all or any of the functions of such a governmental authority.
u. “Integrity Pact” shall mean the agreement to be executed between the Bidder & BSNL as
per the format provided in SECTION 7 Part D.
v. “LSA” or “Licensed Service Area” shall mean the specified territorial telecom circle
bounded by the geographical limits within which the BSNL is licensed to operate and offer
the service within the Territory.
w. “Licenses” shall mean the UASL License and the CMTS License of the Purchaser which
has been granted by the DoT.
x. “NDA” or “Non-Disclosure Agreement” shall mean the Non-Disclosure Agreement as
per the format to be provided by BSNL pursuant to the provisions of Clause 2.2(ii),

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SECTION – 7(F) to be executed between the Bidder & BSNL, prior to the downloading/
purchase of the Tender Document.
y. “Parties” shall refer to the Purchaser and the Supplier collectively and the term Party
shall be construed in the singular.
z. “QA” shall mean the quality assurance tests which are carried out by the respective
Quality Assurance Wing of BSNL as per their prescribed test schedule and tested
successfully.
aa. “Services” shall mean the services which the Supplier is required to provide to the
Purchaser under the Contract.
bb. “Support”, “Capability”, “Provision” etc appearing in the Tender and in the TEC GRs
shall mean that the support/capability/ provision etc for the referred functionality shall
be provided in the network element(s) together with all the associated hardware,
software licenses and all related databases for commercial exploitation by BSNL as part
of the requirements under this Tender.
cc. “Taking over Certificate” shall have the meaning assigned to it in clause 5.5 of Section 5
Part A.
dd. “Territory” shall mean the Republic of India.
ee. “TOE” shall mean the online Tender Opening Event as per Section 4 Part C.
ff. “Warranty Period” shall have the meaning assigned to it in Clause 6 of SECTION -5 PART
B and clause 1 & 2 of Section-3 Part-A
gg. “Zone” shall mean a cluster of LSA(s) in a given area in the Territory.
hh. The words “Successful Bidder” or “Supplier” or “Vendor” shall apply to the Bidder who
has been awarded the work.
ii. “MSE” shall means Micro & Small Enterprises as defined in MSMED Act 2006
jj. USOF: Universal Services Obligation Fund
kk. PMA: Project Management Agency

2. ELIGIBILITY CONDITIONS:
2.1 Kindly refer to clause 4 of SECTION – 1 i.e. detailed NIT.

3. 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. COMPOSITION OF THE TENDER DOCUMENT

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

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information required as per the Bid Documents or submission of the bids not substantially
responsive to the Bid Documents in every respect will be at the bidder's risk and may result
in rejection of the bid.

5. CLARIFICATION OF BID DOCUMENTS

5.1 A prospective bidder, requiring any clarification on the Bid Documents shall notify the
Purchaser in writing by Email to the Purchaser as indicated in the invitation of Bid. The
Purchaser shall respond in writing through e-tendering portal, to any request for the
clarification of the Bid Documents, which it receives within the specified date. Copies of the
query (without identifying the source) and clarifications by the Purchaser shall be made
available, through e-tender portal, to all the prospective bidders on e-tendering portal &
BSNL Website (only for free view able tenders). Bidders must keep a watch on above
websites.
On CPPP portal after downloading tender document, vendors are advised to add the tender
ID to their Favourites after which alerts for any update (corrigenda) shall be sent by e-
tender system CPPP, to their registered Email ID entered on CPPP.
5.2 Also refer clause 8 of Section 4 Part B.
5.3 Any clarification issued by BSNL in response to query raised by prospective bidders or
otherwise shall form an integral part of bid documents and shall amount to an amendment
of the relevant clauses of the bid documents.

6. AMENDMENT OF BID DOCUMENTS

1.1 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 through
BSNL’s website or e-tender portal
1.2 The amendments shall be notified as corrigendum through e-tendering portal to all
prospective bidders and these amendments will be binding on them.
1.3 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. DOCUMENTS COMPRISING THE BID

7.1 The bid prepared by the bidder shall ensure availability of the documents mentioned in
Section 11.
7.2 It is reiterated that the Bid shall be in English language. All correspondence and documents
relating to the Tender Document exchanged between the Bidder and the Purchaser shall
also be in English language. However any technical document/ literature etc. printed in a
language other than English shall be accompanied by its true English translation duly signed
by the Bidder for its correctness. Any document submitted with the Bid but not in English
language shall not be treated as part of the Bid. The responsibility for the correctness of the
translations if any solely rests on the Bidder and the Purchaser shall not be responsible for
any loss/likely loss arising out of error in translation whatsoever. In such cases, for the

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purpose of interpretation of the Bid, the English translation shall prevail.

8. 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. BID PRICES
9.1 The bidder shall give the total composite price along with packing, forwarding, freight,
insurance charges and applicable taxes as per the Price schedule provided in Section-9 of
Tender Enquiry document. Octroi/ Entry Tax will be paid extra at actuals, wherever
applicable. 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, Freight, Forwarding, Packing,
Insurance and GST 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 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 12 of Section-5 Part A of
Bid-document.
9.6 Unloading charge at the consignee end shall be borne by the Bidder and no separate charges
are payable for transportation to individual sites for installation.
9.7 The bidder should also clearly mention the full 8/6 digit HSN/SAC code in the price schedule.
The onus of providing correct & applicable taxes and duties along with HSN/SAC code rests
with the bidder.

10. DOCUMENTS ESTABLISHING BIDDER'S ELIGIBILITY AND QUALIFICATION

10.1 The bidder shall also furnish, as part of the bid documents establishing the bidder's
eligibility, the following documents or whichever is required as per eligibility criteria &
other terms and conditions of the Bid Document. (Refer Section-11 for further details)
a) 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).

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b) Certificates from all Directors of the bidder stating that none of their near relatives are
working in BSNL in accordance with clause 34.
c) Certificate of Incorporation.
d) Article of Association and Memorandum of Association.
e) 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.
f) Approval from Reserve Bank of India/ SIA in case of foreign collaboration, if applicable.
g) Documentary proof of GST registration
h) Undertaking duly signed by front bidder and its OEMs, stating that both of them shall be
liable for due performance of the contract jointly and severally
10.2 Documentary evidence for financial capability
a. The bidder shall furnish positive Networth certificate from chartered accountant or
financial soundness certificate from its bankers.- NOT APPLICABLE IN THIS TENDER
10.3 If any type approved product exists, the same shall be offered.
10.4 In case goods offered have already been type approved 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 all the equipment supplied under this
tender shall be original and 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 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. 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) 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

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goods for a period of three years following commencement of use of the goods by the
purchaser.
11.3 The bidder shall submit clause by clause compliance for all the terms and conditions of
tender. Any deviation to the terms and conditions of tender shall not be accepted.

12. BID SECURITY/ EMD

12.1 The bidder shall furnish, as part of its bid, a bid security as mentioned in Section-1 (DNIT).
12.2 The MSE bidders are exempted from payment of bid security, subject to following:
a) A proof regarding valid registration (Udyam registration Certificate) with body
specified by Ministry of Micro, Small & Medium Enterprise (MSME) for the main
tendered items will have to be attached along with the bid.
b) The enlistment / registration certificate issued by designated bodies under MSME
should be valid on the date of opening of tender.
c) MSE unit is required to submit its monthly production capacity.
d) If a vendor 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 14.7.
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 etender portal for
e-tenders .
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 complete quantity of tender or on expiry
of the period of the bid validity period (including any extension for bid validity agreed &
accepted by bidder) prescribed by the purchaser pursuant to clause 13 (whichever is
earlier).
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 subsequently; or
b) If the successful (L-1) bidder does not accept the APO/ AWO and/ or does not submit
PBG & sign the contract/ agreement in accordance with clause 27.

13. PERIOD OF VALIDITY OF BIDS

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13.1 Bid shall remain valid for period specified in clause 2 of Section 2. 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. 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.
14.3 POWER OF ATTORNEY
(a) The power of Attorney should be submitted and executed on the non-judicial stamp
paper of appropriate value as prevailing in the concerned states(s) and the same be
attested by a Notary public or registered before Sub-registrar of the state(s) concerned.
(b) The power of Attorney be executed by a person who has been authorized by the Board
of Directors of the bidder in this regard, on behalf of the Company/ institution/ Body
corporate. A copy of resolution authorizing the concerned person by the Board of
Director to execute power of attorney shall be attached.
(c) In case of the bidder being a firm, the said Power of Attorney should be executed by all
the partner(s) in favour of the said Attorney. A copy of the Partnership deed (first, last
and relevant pages) duly attested by all partners shall be attached.
(d) Attestation of the specimen signatures of authorized signatory by the Company’s/ firm’s
bankers shall be furnished. Name, designation, Phone number, mobile number, email
address and postal address of the authorized signatory shall be provided.
(e) Any individual authorized in writing to execute Contracts or other agreements or
commitments or physically sign or digitally sign the bid documents etc. on behalf of the
bidder company shall be one of the power of attorney holders of the bidder company as
per clause 14.3 (a) and (d) and authorization for executing the power of Attorney as per
clause 14.3 (b) or (c) of Section-4 Part A of the tender document. The letter of
authorization shall be indicated by written power of attorney accompanying the bid.
(f) If POA is issued on more than one person specific to this tender, any one of the persons
authorized can sign the tender/bid documents.

15. SEALING AND MARKING OF BIDS

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15.1 The bid should be submitted as per Clause 3 of tender information.
15.2 The Bid shall be digitally signed by the Bidder through the authorised signatory of the
Bidder through the power of attorney issued by the Bidder.
15.3 The Bid shall be submitted online using two Envelope methodology. The first envelope-
Technical part shall consist the eligibility requirements, technical specification and
compliance as per clause 14. The second envelope- Financial part shall contain price
schedule. The third envelope shall be submitted physically as provided in Clause 15.4.2.
15.4 The Bidder shall submit its Bid electronically along with some submissions in physical form
on or before the Bid Closing Date as specified below:
15.4.1 The electronic Bid shall be submitted online together in two electronic envelopes/bid
parts viz.:
(i) Electronic Envelope 1: Technical and Commercial Bid along with the Bid security.
(ii) Electronic Envelope 2: Financial Bid.
15.4.2 Physical Envelope (Envelope 3):
The Bidder is requested to submit the offline documents, as specified in clause 3.2 of
Section-2, to AGM (MMT), BSNL Corporate Office, 2nd Floor, Bharat Sanchar Bhawan,
Janpath, New Delhi – 110001 on any date on or before bid submission end date or within
5 days after bid submission end date in a Sealed Envelope (Envelope-3).
15.4.3 The envelope shall bear (the project name), the Tender Enquiry number and the words
‘DO NOT OPEN BEFORE’ (due date & time). It is clarified that apart from submitting the
aforementioned documents physically, the Bidder shall mandatorily upload the
scanned copy of all above said original documents as Bid-Annexure of Electronic
Envelope 1 during Online Bid-Submission.

16. 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. 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

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18.1 The bidder may modify, revise or withdraw his bid after submission prior to deadline
prescribed for submission of bid.
18.2 The bidder’s modification, revision or withdrawal shall have to be online and digitally
authenticated (in case of e-tendering) & physically (in case of manual bidding process) as
per clause 15.
18.3 Subject to clause 20, no bid shall be modified subsequent to the deadline for submission of
bids.

19. OPENING OF BIDS BY 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 time & date specified in Clause 10 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 enclosed
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.
(i) In Single stage bidding & two envelopes system; the bids will be opened in 2 stages i.e.
the techno-commercial bid shall be opened on the date of tender opening given in NIT
or extended date. The financial bid will not be opened on the Date of opening of techno
commercial bids in this case.
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.
(ii) In case of e tendering process, Information generated by e-tender system based on
electronic forms will be deemed as ‘Read out’ information.
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.
19.5 The Bidder’s name, bid prices, modifications, bid withdrawals and such other details as the
Purchaser, at its discretion, may consider appropriate will be announced at the TOE.
19.6 The Bids that are proposed for rejection outright during the TOE by the bid opening team
shall be dealt with in the following manner:

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(i) Though the Bidder is given an opportunity to explain its position to the bid opening
team before the team decides to reject outright its Bid for non-compliance of any of the
provisions mentioned in clause-12 and 31 of Section-4 Part A, if the person(s)
representing the Bidder are not satisfied with the decision of the bid opening team,
he/they can submit a representation to bid opening team immediately but in no case
after the Bid opening Date with full justification against rejection quoting specifically
the violation of tender conditions, if any pointed out by the bid opening team.
(ii) The bid opening team will not return the bids submitted by the Bidders on the same day
of Bid Opening Date even if it is liable for rejection and will preserve the Bids as
unopened bids on the Portal.
(iii) The in-charge of the bid opening team shall mention the number of Bids with name of
company found unsuitable for further processing on the Bid Opening Date and number
of representations received in bid opening minutes. If bid opening team is satisfied with
the explanation of the Bidder/company mentioned in their representation and feel that
there is prima-facie case for consideration, the in-charge of the bid opening team will
submit the case for review to competent authority 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 Bid Opening Date will be returned to the Bidders after issue of P.O. against the
Tender.
(iv) If the competent authority/reviewing officer finds a case which is fit to open the Bid of
the Bidder, this should be done by giving three (working) days’ notice to all the Bidders
to give an opportunity to desirous participants to be present on the occasion.

20. CLARIFICATION OF BIDS

20.1 To assist in the examination, evaluation and comparison of bids, the purchaser may, at its
discretion ask the bidder for the clarification of its bid. The request for the clarification and
the response shall be in writing. However, no post bid clarification, at the initiative of the
bidder, shall be entertained.
20.2 If any of the documents, required to be submitted along with the technical bid is found
wanting, the offer is liable to be rejected at that stage. However the purchaser at its
discretion may call for any clarification regarding the bid document within a stipulated time
period. In case of non-compliance to such queries, the bid will be out rightly rejected without
entertaining further correspondence in this regard.
20.3 Post-bid clarifications, if any, shall be sought by BSNL through email. The bidder’s response
in this regard should be sent through the email id of authorized signatory only.

21. PRELIMINARY EVALUATION

21.1 PRELIMINARY TECHNO-COMMERCIAL EVALUATION
21.1.1 Prior to the detailed evaluation pursuant to clause 22 & 23, 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

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determination of bid's responsiveness shall be based on the contents of the bid itself
without recourse to extrinsic evidence.
21.1.2 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.
21.1.3 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.
21.1.4 During the evaluation, BSNL at its discretion may call upon the Bidder to give a techno-
commercial presentation of its offer, to explain the products offered, its capability to
undertake the project and to respond to any question from BSNL.
21.2 PRELIMINARY FINANCIAL EVALUATION
21.2.1 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.
21.2.2 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 places. In case the unit price quoted does not tally with
its breakup quoted, the same shall be corrected by summing up the breakups. If there is a
discrepancy (due to arithmetical calculations) 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.
21.2.3 If there is a discrepancy between words and figures, the amount in words shall prevail. If
the supplier does not accept the correction of the errors, its bid shall be rejected.
21.2.4 Prior to the detailed evaluation, the Purchaser will determine the substantive
responsiveness of technical and commercial Bids to the requirements of the Bid Document.
For purposes of these clauses, a substantively responsive Bid is one, which conforms to all
terms and conditions of the Bid Document 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
21.2.5 A Bid, determined as substantively 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.
21.2.6 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 the
establishment of techno-commercial parity among the Bids or effect the relative ranking
of any bidder.
21.2.7 The Purchaser shall evaluate the financial Bids to determine whether they are complete,
whether any computational errors have been made, whether the duties and taxes have
been applied as per actual, whether the documents have been properly signed and whether
the Bids are generally in order. The Bids are then evaluated in the following manner:

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(i) In the first stage, the arithmetic and the tax/duty related errors shall be rectified.
(ii) In the second stage, the Bids shall be loaded to reach the required level of techno-
commercial compliance.
(iii) In the third stage, the Bids shall be evaluated as per the criteria set in clause- 1of
section-4 Part B read with the related clarifications.
(iv) Arithmetical errors shall be rectified on the following basis. If there is a discrepancy
between the unit price and total price that is obtained by multiplying the unit price
and quantity, the unit price shall prevail and the total price shall be corrected by the
Purchaser. If there is a discrepancy between words and figures, the amount in words
shall prevail. If the Supplier does not accept the correction of the errors, its Bid shall
be rejected.
In case items with same nomenclature for the same capacity is quoted with different price in
the Price Schedule, the lowest among the items with same nomenclature shall be paid for all
such items.

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.
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 of the Bid-document after arithmetical correction in the manner laid down in clause
21.2 above but excluding applicable GST .
As stipulated in clause 9.1, Octroi/ Entry Taxes are not to be included in the composite price
and hence the same will not be considered for the purpose of evaluation and comparison of
responsive bids. However, Octroi/ Entry Taxes will be paid extra, as per actual wherever
applicable on production of proof of payment/relevant invoices/documents.
(a) Duties, taxes & Cesses/ surcharges 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 in the price Schedule. If
the credit for the Duties, Taxes and Cesses/ surcharges 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/ surcharges which are declared as not eligible for
input tax credit by the bidder as per the quotes indicated in the price schedule, and
subsequently at any stage it is found that Credit for such Duties, Taxes and Cesses/
surcharges is admissible as per provision of GST law, then the suppliers will be liable to
refund by adjustments against future payments or by payments on demand the amount
equivalent of such Duties, Taxes and Cesses/ surcharges if already paid to them.
However, the purchaser may allow the supplier to submit necessary documents in this

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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. In case such credit
to purchaser being accepted by GST authorities, the recovered may be refunded to the
supplier.
(d) The purchaser reserves the right to ask the bidders to submit documentary proof
confirming the correct HSN or SAC classification 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 in
respect of the Duties, Taxes and Cesses/ surcharges which are eligible for input tax
credit, the amount pertaining to such Duties, Taxes and Cesses/ surcharges will be
deducted from the payment due to the firm.
(f) (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/ surcharges will be deducted from the payment due to the supplier. (g). If
the supplier does not disclose the correct details on the invoice or on the GSTN viz.
GSTIN, Place of Supply, etc. which restricts BSNL to claim input tax credit, then the
amount pertaining to such Duties, Taxes and Cesses/ surcharges will be deducted from
the payment due to the supplier.

23. 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. 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 or MSE 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 (only applicable where work is to be awarded to more than 1 bidders). It is

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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 balance quantity,
due to non-acceptance of respective quantity by L2 and/or L3 and so on bidders, as
envisaged in clause 1 in section 4 Part B, shall be supplied by the L-1 bidder as part of whole
contract. Accordingly, notwithstanding the provisions in clause 5 of General instructions to
bidders, L1 bidder has to mandatorily extend his bid validity to facilitate execution of above
provisions for a time period as deemed fit by the purchaser.
Kindly refer clause 2 of Section 4 Part B

25. PURCHASER'S RIGHT TO VARY QUANTITIES

25.1 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 APO/AWO.
25.2 BSNL also reserves the right for placement of additional order up to 50% 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 vendors 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. This add-on
procurement may be for USOF’s BN project or it may be for BSNL’s own consumption. In
case of add-on procurement being for BSNL, then General Commercial conditions of
contract( including Arbitration process, payment terms will be as per BSNL’s Procurement
Policy) which are annexed as Section-13
25.3 In exceptional situation where the requirement is of an emergent nature and it is necessary
to ensure continued supplies from the existing vendors, 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
vendors considering the reasonability of rates based on prevailing market conditions and
the impact of reduction in duties and taxes etc. This add-on procurement may be for USOF’s
BN project or it may be for BSNL’s own consumption. In case of add-on procurement being
for BSNL, then General Commercial conditions of contract (including Arbitration process,
payment terms will be as per BSNL’s Procurement Policy) which are annexed as Section-13

26. PURCHASER'S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS
The Purchaser reserves the right to accept or reject any bid, and to annul the bidding process
and reject all bids, at any time prior to award of contract without assigning any reason
whatsoever and without thereby incurring any liability to the affected bidder or bidders on
the grounds of purchaser’s action.

27. 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.

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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 (only applicable
where work is to be awarded to more than 1 bidders). 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. AWARD OF CONTRACT

28.1 The issue of Purchase order shall constitute the award of contract on the bidder. Generally
separate POs shall be issued for Supply of equipment and services for the equipment. This
will be decided as per the prevailing requirements at the time of placement of PO.
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:
30.1 Quality Policy.
30.2 A management representative with authority and responsibility for fulfilling QA
requirements and for interfacing with purchaser in the matters of Quality.
30.3 Procedure for controlling design/ production engineering, materials, choice of
components/vendors, manufacturing and packaging process for supplying quality
products.
30.4 System of Inward Good Inspection.
30.5 System to calibrate and maintain required measuring and test equipment.
30.6 System for tracing the cause for non-conformance (traceability) and segregating product
which don't conform to specifications.
30.7 Configuration management and change-control mechanism.
30.8 A quality plan for the product.
30.9 Periodical internal quality audits.

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30.10 A 'Quality Manual' in pdf format 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 14.1, 14.2 & 14.1 of Section- 4 Part A: The bids will be rejected at opening stage
if Bid security is not submitted as per Clauses 14.1 & 14.2 and bid validity is less than the
period prescribed in Clause 14.1 mentioned above.
b) Clause 2 & 10 of Section-4Part A: If the eligibility condition as per clause 2 of Section 4
Part A is not met and/ or documents prescribed to establish the eligibility as per Clause
10 of section 4 Part A are not enclosed, the bids will be rejected without further
evaluation.
c) Clause 14.3 (c) of Section-4 Part A: If clause-by-clause compliance as well as deviation
statements as prescribed are not given, the bid will be rejected at the stage of primary
evaluation.
d) While giving compliance to Section-5 Part A, General Commercial conditions, Section4
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.
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 form 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

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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.

(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

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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.
After the placement of APO, the successful vendors have to show the original eligible criteria
documents to the officer/committee nominated by competent authority for verification. The
PO will be placed on the vendor only on successful verification of documents as above, apart
from fulfilment of tender conditions.

36. SECURITY REQUIREMENTS/AGREEMENT

36.1 The Supplier shall enable the Purchaser to comply with Applicable Laws including but not
limited to notifications, circulars etc issued by DoT from time to time.
36.2 The Supplier recognizes and accepts that in order to make, maintain and ensure Purchaser’s
networks compliant with security related instructions and guidelines issued by the DoT
from time to time, complete cooperation and commitment of the Supplier is necessary. To
help and address the business continuity, communication, security requirements and
security management of Purchaser’s network, the Supplier shall execute an agreement in
the form as contained in Section 10 of the Tender Document before issuance of any APO by
the Purchaser, subject to the guidelines issued by DOT as amended from time to time. It is
clarified that the execution of such agreement shall be a condition to the effectiveness of the
Advance Purchase Order. For complying to the requirements under Section 10, if any
additional Hardware, Software & Services are required then the same may be quoted by the
bidder as part of the bid, under the provision in Clause 5 of Section 4 Part B.
36.3 COMPLIANCE WITH LICENSES
The Supplier shall assist and provide support as and when required to the Purchaser
including the providing of information and documents to comply with the provisions of the
Licenses, any amendments made thereto as well as any notifications, circulars, letters issued
by DoT or any other Governmental Authority from time to time specially in relation to
security clearance and lawful interception.
36.4 NON-COMPLIANCE
The Supplier, including their personnel, employees, associates and sub-suppliers shall be
solely responsible for complying with the statutes, laws, regulations, subordinate
legislation, administrative orders and instructions issued by relevant Government
Authorities, regarding, but not limited to, environment, industrial relations, security and
taxation, during the performance of their respective obligations under this Contract.
Without limiting the generality of the foregoing, the Supplier shall be responsible for
compliance with the Applicable Laws and similar regulations applicable to its activities
hereunder, at its own cost and expenses.
In the event there is a delay by the Supplier which is solely attributable to Supplier in
fulfilling its obligations under this Contract or any non-compliance or breach of obligations
under this Contract by the Supplier due to which any Governmental Authority imposes

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sanctions on Purchaser, which results in financial and other liabilities on the Purchaser, the
Supplier shall be liable to make good such loss immediately which has been suffered by the
Purchaser.

37. Reservation/ Procurement from MSE units: The guidelines / instructions / laws issued
vide D.O. no 21(1) -2011-M.A..April 25th, 2012 from Ministry of Micro, Small & Medium
Enterprise (MSME) with respect to provisions for Micro & Small Enterprises (MSEs) shall be
followed.

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Appendix – I to Section 4 Part A
S. No. Defaults of the bidder/vendor Action to be taken

A B C
Submitting fake / forged i) Rejection of tender bid of respective Vendor.
1(a)
ii) Banning of business for 3 years which
a) Bank/ Insurance Instruments with the bid to implies barring further dealing with the vendor
meet terms & condition of tender in respect of
for procurement of Goods & Services including
tender fee and/ EMBG or PBG or Insurance
participation in future tenders invited by BSNL
Surety Bond;
for 3 years from date of issue of banning order.
b) Certificate for claiming exemption in respect iii) Termination/ Short Closure of PO/WO, if
of tender fee and/ or EMD; issued. This implies non-acceptance of further
and detection of default at any stage from receipt supplies / work & services except to make the
of bids till award of already received material work/ complete
APO/ issue of PO/WO.
work in hand.
iv) If PBG submitted is found to be fake then
EMBG/EMD will be forfeited.
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.
Submitting fake / forged documents towards
1(b)
meeting eligibility criteria such as experience
capability, supply proof, registration with Goods
and Services Tax, Income Tax departments etc
and as supporting documents towards other
terms & conditions with the bid to meet terms &
condition of tender:
(i) If detection of default is prior to award of i) Rejection of Bid &
APO ii) Forfeiture of EMD
iii) Banning of business for up to three years
which implies Barring further dealing with
the vendor for procurement of Goods &
Services Including participation in future
tenders invited by BSNL for up to three years
from date of issue of banning order..
(ii) If detection of default after issue of APO but i) Cancellation of APO,
before receipt of PG/ SD (DD, BG etc.) ii) Rejection of Bid &
iii) Forfeiture of EMD.
iv) Banning of business for up to three years
which implies Barring further dealing with the
vendor for procurement of Goods & Services
Including participation in future tenders
invited by BSNL for up to three years from date
of issue of banning order.
(iii) If detection of default after receipt of PG/ SD i) Cancellation of APO
1(b)
(DD, BG etc.). ii) Rejection of Bid &
contd. iii) Forfeiture of PG/ SD. However, on
realization of PG/ SD amount, EMD, if not
already released shall be returned.
iv) Banning of business for up to three years
which implies Barring further dealing with
the vendor for procurement of Goods &
Services Including participation in future
tenders invited by BSNL for up to three

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S. No. Defaults of the bidder/vendor Action to be taken

A B C
years from date of issue of banning order.

(iv) If detection of default after issue of PO/ WO i) Termination/ Short Closure of PO/WO
and Cancellation of APO
ii) Rejection of Bid &
iii) Forfeiture of PG/ SD. However, on
realization of PG/ SD amount, EMD, if not
released shall be returned.
iv) Banning of business for up to three years
which implies Barring further dealing
with the vendor for procurement of Goods
& Services Including participation in
future tenders invited by BSNL for up to
three years from date of issue of banning
order.
Note 3:- However, settle bills for the material received in correct quantity and quality if pending
items do not affect working or use of supplied items.
Note 4:- No further supplies are to be accepted except that required to make the already supplied
items work.
2 If vendor or his representative uses violent/
coercive means viz. Physical/ Verbal means to Banning of business for 3 years which implies
threatens BSNL Executive / employees and/ or Barring further dealing with the vendor for
obstruct him from functioning in discharge of his procurement of Goods & Services including
duties & responsibilities for the following : participation in future tenders invited by BSNL
for 3 years from date of issue of banning order.
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/ AWO and SD/ Forfeiture of EMD. If bidder is MSE category
PG by L-1 bidder within time period specified in bidder & had claimed exemption from EMD, such
APO/ AWO. bidder will be business banned (including ban on
participation in future tenders) for 1 year period.
4.1 Failure to supply and/ or Commission the i) Termination of PO/ WO.
equipment and /or execution of the work at all ii) Under take purchase/ work at the risk &
even in extended delivery schedules, if granted cost of defaulting vendor.
against PO/ WO. iii) Recover the excess charges if
incurred from the PG/ SD and
outstanding bills of the defaulting
Vendor.

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S. No. Defaults of the bidder/vendor Action to be taken

A B C
4.2 Failure to supply and/ or Commission the i) Short Closure of PO/ WO to the quantity
equipment and /or execution of the Work in full already received by and/ or commissioned in
even in extended delivery schedules, if granted BSNL and/ or in pipeline provided the same is
against PO/ WO. usable and/or the 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 perform i) If the material is not at all acceptable, then
satisfactory in the field in accordance with the return the non-acceptable material (or its part)
specifications mentioned in the PO/ & recover its cost, if paid, from the o/s bills/ PG/
WO/Contract. SD.
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
out-standing dues of vendor including PG/
SD.
5.2 Major quality problems (as established by a joint i) If the material is not at all acceptable, then
team / committee of User unit(s) and QA Circle) return the non-acceptable material (or its part)
/ performance problems and non-rectification of & recover its cost, if paid, from the o/s bills/
defects (based on reports of field units and QA PG/ SD;
circle). 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;
and
iii) Withdrawal of TSEC/ IA issued by QA
Circle.
6 Submission of claims to BSNL against a contract i) Recovery of over payment from the
outstanding dues of Vendor including EMD/ PG
(a) for amount already paid by BSNL & SD etc. and by invoking ‘Set off’ clause 21 of
.
Section-III or by any other legal tenable manner.
(b) for Quantity in excess of that supplied by
ii) Banning of Business for 3 years from date
Vendor to BSNL.
of issue of banning order or till the date of
c) for unit rate and/ or amount higher than that recovery of over payment in full, whichever is
approved by BSNL for that later.
purchase.

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S. No. Defaults of the bidder/vendor Action to be taken

A B C
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 the i) Termination of PO/ WO.
vendor tampers with the hardware, software/ ii) Banning of business for 3 years which
firmware or in any other way that implies barring further dealing with the
a) Adversely affects the normal working of BSNL vendor for procurement of Goods & Services
equipment(s) and/ or any other TSP through including participation in future tenders
BSNL. invited by BSNL for 3 years from date of issue
of banning order.
iii) Recovery of any loss incurred on this
account from the Vendor from its PG/ SD/ O/s
bills etc.
b) Disrupts/ Sabotages functioning of BSNL (iv) Legal action will be initiated by BSNL
network equipment such as exchanges, BTS, against the Vendor if required.
BSC/ MSC, Control equipment including IN
etc., transmission equipment but not limited
to
these elements and/ or any other TSP
through BSNL.
c) tampers with the billing related data/
invoicing/ account of the Customer/ User(s)
of BSNL and/
or any other TSP(s).
d) hacks the account of BSNL Customer for
unauthorized use i.e. to threaten others/
spread improper news etc.
e) undertakes any action that affects/ endangers
the security of India.
8 If the vendor is declared bankrupt or insolvent or i) Termination/ Short Closure of the PO/ WO.
its financial position has become unsound and in ii) Settle bills for the quantity received in
case of a limited company, if it is wound up or it is correct quantity and quality if pending items
liquidated. do not affect working or use of supplied items.
iii) No further supplies are to be accepted
except that required to make the already
supplied items work.
iv) In case of turnkey projects, If the material
is commissioned and is usable without any
degradation of performance, then settle bills
for the acceptable equipment/ material (or its
part).
v) In case of turnkey projects, if the material is
inducted in network & it is not possible to
return it and/ or material is acceptable with
degraded performance, the purchaser may
determine the price for degraded equipment
(Financial penalty = Price – price determined
for degraded equipment) himself and/ or
through a committee. Undertake recovery of
financial penalty from outstanding dues of
vendor including PG/ SD.

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S. No. Defaults of the bidder/vendor Action to be taken

A B C
9 In the event of the vendor, its proprietor, i) Termination/ Short Closure of the PO/ WO.
Director(s), partner(s) is / are convicted by a ii) Settle bills for the material received in
Court of Law following prosecution for offences correct quantity and quality if pending items
involving moral turpitude in relation to the do not affect working or use of supplied
business dealings. items.
iii) No further supplies are to be accepted
except that required to make the already
supplied items work.
iv) In case of turnkey projects, If the material
is commissioned and is usable
without any degradation of performance, then
settle bills for the acceptable equipment/
material (or its part).
v) In case of turnkey projects, If the material is
inducted in network & it is not possible to return
it and/ or material is acceptable with degraded
performance, the purchaser may determine the
price for degraded equipment (Financial penalty
= Price – price determined for degraded
equipment) himself and/ or through a
committee.
Undertake recovery of financial penalty from
outstanding dues of vendor including PG/ SD.
10 If the vendor does not return/ refuses to return i) Take action to appoint Arbitrator to
BSNL’s dues: adjudicate the dispute.
a) in spite of order of Arbitrator. i) Termination of contract, if any.
ii) Banning of business for 3 years which implies
barring further dealing with the vendor for
procurement of Goods & Services including
participation in future tenders invited by
BSNL from date of issue of banning order or
till the date by which vendor clears BSNL’s
dues, whichever is later.
iii) Take legal recourse i.e. filing recovery suite
in appropriate court.
b) in spite of Court Orders. i) Termination of contract, if any.
ii) Banning of business for 3 years which
implies barring further dealing with the
vendor for procurement of Goods & Services
including participation in future tenders
invited by BSNL from date of issue of banning
order or till the date by
which vendor clears 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) / Income concerned department.
Tax/Goods and Services Tax / Custom
Departments recommends such a course
12 The following cases may also be considered for
Banning of business for 3 years which implies
Banning of business:
Barring further dealing with the vendor for
(a) If there is strong justification for believing
procurement of Goods &Services including
that the proprietor, manager, MD, Director,

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S. No. Defaults of the bidder/vendor Action to be taken

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

*********

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

1. Evaluation:
1.1 The Financial evaluation methodology is as per Section- 4 Part A clause-21 & 22 of the
Tender Document.
The offers of the Bidders shall be evaluated as a single package. The offers of the bidders will
be evaluated on the total package basis.
1.2 Further, the Bid shall be evaluated as a package quoted by the Bidders for various
equipment/materials/services as per the criterion given below:
(i) It shall be a two-stage evaluation techno-commercial and financial. The bidders shall
submit simultaneously techno-commercial and financial bids in separate covers on the
same day.
(ii) On the opening of tender only techno-commercial bids shall be opened and financial
bids shall be kept sealed. The financial bids of only those bidders shall be opened
which are found techno-commercially responsive. The date of opening of financial bids
shall be intimated to the bidders later.
(iii) The tender shall be evaluated as a complete package of all the items given in Schedule
of requirement (SECTION-3 Part C)/ price Schedule (SECTION-9 Part B).
(iv) Rate of AMC in terms of percentage of Basic equipment cost (without FFPI & GST)
(Column#17 of Row 1 & 2 of price schedule for OLT & EMS respectively) are fixed @
5.5 % for AMC year 1 to AMC year 5 and @ 6.5% from AMC year 6 onward (not to be
changed by bidder) and have been mentioned in the Price Schedule (SECTION-9 Part
B). Bidder shall fill the calculated values (in Rupees) in the respective fields of Price
Schedule. Evaluation shall be done as mentioned below:
(a) During evaluation, the value of AMC shall be calculated at the prefixed rates (as
mentioned above & in Price Schedule).
(v) Cost of Installation & Commissioning (Row# 4&5 of Price Schedule) shall be 10% of
Basic equipment cost (without FFPI & GST) (Column#17 of Row 1 & 2 of price schedule
for OLT & EMS respectively).
(a) During evaluation, the value of I&C charges shall be calculated at the prefixed rates
(as mentioned above & in Price Schedule).

2. Distribution of Quantities
2.1 Among all technically qualified bids, the lowest evaluated price will be termed as L1 and
the rest of the bids shall be ranked in ascending order of evaluated price, as L2, L3, L4 and
so on.
This Procurement will fall under Divisible category and provisions under Clause 3A sub-
clause (b) of DPIIT Policy dated 16.09.2020, will apply.

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While awarding the work, para 4 c c(a) DoE’s circular No 1/4/2021-PPD dated
18.05.2023 on concurrent application of Public Procurement Policy Order 2012 for
MSEs and Public procurement (Preference to Make in India) Order 2017 shall be
applicable.
2.2 25% quantity is reserved for procurement from MSEs including SC/ST & women owned
MSEs , quoting within 15% of L-1 rates as per Public Procurement Policy Order 2012
for MSEs. For this quantity, only the lowest quoting MSE shall be considered for
offer & award of work in case of situations under para 4 c c(a) sub- paras (ii) &
(iv).
2.3 Department of Expenditure, Ministry of Finance guidelines on 'Concurrent application
of Public Procurement Policy for Micro and Small Enterprises Order, 2012 and Public
Procurement (Preference to Make in India) Order, 2017' notified vide O.M. No.
No.F.1/4/2021-PPD dated 18.05.2023, and the same Circulated by DPE vide O.M. No.
DPE/3(3)/10-Fin. Dated 29.05.2023, shall be applicable for the tender. Preference will
be given to bidders with Class-I Local category bids. Bidders shall have to submit
declaration in respect of Local Content (LC) in Form -1, duly certified by cost
Accountant/ cost auditor. Clarifications issued by DPIIT w.r.t. exclusion of cost of
services quoted in bid for the purpose of calculation of LC, shall be followed.

3. BSNL reserves the right to offer counter offer price(s) against the price(s) quoted by any
bidder.

4. Multiple POs can be placed by BSNL within two years period from date of acceptance of
APO at same rates, terms & conditions as in accepted APO.

5. Quantity to be quoted in the bid by the bidder is for 100% of the tendered quantity.

6. BSNL reserves the right to blacklist a bidder for a suitable period in case he fails to honor
his bid without sufficient ground. A bidder can submit only one bid. Multiples bids from same
bidder will all be rejected summarily.

7. Guidelines for submission of soft-copy of the Bid:

The following guidelines shall be observed in submitting the soft copy of the Bid:
(i) The softcopy of the technical and commercial offer shall contain product documentation
with complete details to verify the compliance to the requirements provided in the
Tender. The product documentation shall be of the product offered and shall not be of
generic in nature.
(ii) The softcopy of the Price Schedule in the financial Bid shall be in Microsoft Excel.
The Excel sheet shall be set for precision of two decimals only [i.e. for paise only] and the
display shall also be set accordingly.

A Lead bidder of a consortium bid cannot participate in another bid for this tender, neither
as a standalone bidder nor as a consortium partner.

8. Verification of Document and Certificates

8.2 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.

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8.3 A successful bidder shall have to furnish originals of all documents of their
eligibility criteria documents (submitted with bid) for verification by BSNL and issue of PO
shall be subject to satisfactory verification.
8.4 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 buyer will take action as per Appendix-I to
Section-4 Part-A of this document.
*********

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SECTION 4 PART C
Instructions for Online Bid Submission for Bidders

The bidders are required to submit soft copies of their bids electronically on the CPP Portal, using
valid Digital Signature Certificates. The instructions given below are meant to assist the bidders
in registering on the CPP Portal, prepare their bids in accordance with the requirements and
submitting their bids online on the CPP Portal. More information useful for submitting online bids
on the CPP Portal may be obtained at: https://etenders.gov.in/eprocure/app.

1. REGISTRATION
1.1. Bidders are required to enrol on the e-Procurement module of the Central Public
Procurement Portal (URL: https://etenders.gov.in/eprocure/app) by clicking on the link
“Online bidder Enrolment” on the CPP Portal which is free of charge.
1.2. As part of the enrolment process, the bidders will be required to choose a unique username
and assign a password for their accounts.
1.3. Bidders are advised to register their valid email address and mobile numbers as part of the
registration process. These would be used for any communication from the CPP Portal.
1.4. Upon enrolment, the bidders will be required to register their valid Digital Signature
Certificate (Class III Certificates with signing key usage) issued by any Certifying Authority
recognized by CCA India (e.g. Sify / nCode / eMudhra etc.), with their profile.
1.5. Only one valid DSC should be registered by a bidder. Please note that the bidders are
responsible to ensure that they do not lend their DSC’s to others which may lead to misuse.
1.6. Bidder then logs in to the site through the secured log-in by entering their user ID /
password and the password of the DSC / e-Token.

2. SEARCHING FOR TENDER DOCUMENTS

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

3. PREPARATION OF BIDS
3.1 Bidder should take into account any corrigendum published on the tender document before
submitting their bids.

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3.2 Please go through the tender advertisement and the tender document carefully to
understand the documents required to be submitted as part of the bid. Please note the
number of covers in which the bid documents have to be submitted, the number of
documents - including the names and content of each of the document that need to be
submitted. Any deviations from these may lead to rejection of the bid.
3.3 Bidder, in advance, should get ready the bid documents to be submitted as indicated in the
tender document / schedule and generally, they can be in PDF / XLS / RAR / DWF/JPG
formats. Bid documents may be scanned with 100 dpi with black and white option which
helps in reducing size of the scanned document.
3.4 To avoid the time and effort required in uploading the same set of standard documents
which are required to be submitted as a part of every bid, a provision of uploading such
standard documents (e.g. PAN card copy, annual reports, auditor certificates etc.) has been
provided to the bidders. Bidders can use “My Space” or ‘’Other Important Documents’’ area
available to them to upload such documents. These documents may be directly submitted
from the “My Space” area while submitting a bid, and need not be uploaded again and again.
This will lead to a reduction in the time required for bid submission process.
Note: My Documents space is only a repository given to the Bidders to ease the uploading
process. If Bidder has uploaded his Documents in My Documents space, this does not
automatically ensure these Documents being part of Technical Bid.

4. SUBMISSION OF BIDS
4.1 Bidder should log into the site well in advance for bid submission so that they can upload
the bid in time i.e. on or before the bid submission time. Bidder will be responsible for any
delay due to other issues.
4.2 The bidder has to digitally sign and upload the required bid documents one by one as
indicated in the tender document.
4.3 Bidder has to select the payment option as “offline” to pay the tender fee / EMD ,as
applicable and enter details of the instrument.
4.4 Bidder should prepare the EMD as per the instructions specified in the tender document.
The original should be posted/couriered/given in person to the concerned official, latest by
the last date of bid submission or as specified in the tender documents. The details of the
DD/any other accepted instrument, physically sent, should tally with the details available in
the scanned copy and the data entered during bid submission time, otherwise the uploaded
bid will be rejected.
4.5 Bidders are requested to note that they should necessarily submit their financial bids in the
format provided and no other format is acceptable. If the price bid has been given as a
standard BoQ format with the tender document, then the same is to be downloaded and to
be filled by all the bidders. Bidders are required to download the BoQ file, open it and
complete the white coloured (unprotected) cells with their respective financial quotes and
other details (such as name of the bidder). No other cells should be changed. Once the details
have been completed, the bidder should save it and submit it online, without changing the
filename. If the BoQ file is found to be modified by the bidder, the bid will be rejected.
4.6 The server time (which is displayed on the bidders’ dashboard) will be considered as the

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standard time for referencing the deadlines for submission of the bids by the bidders,
opening of bids etc. The bidders should follow this time during bid submission.
4.7 All the documents being submitted by the bidders would be encrypted using PKI encryption
techniques to ensure the secrecy of the data. The data entered cannot be viewed by
unauthorized persons until the time of bid opening. The confidentiality of the bids is
maintained using the secured Socket Layer 128 bit encryption technology. Data storage
encryption of sensitive fields is done. Any bid document that is uploaded to the server is
subjected to symmetric encryption using a system generated symmetric key. Further this
key is subjected to asymmetric encryption using buyers/bid opener’s public keys. Overall,
the uploaded tender documents become readable only after the tender opening by the
authorized bid openers.
4.8 The uploaded tender documents become readable only after the tender opening by the
authorized bid openers.
4.9 Upon the successful and timely submission of bids (i.e. after Clicking “Freeze Bid Submission”
in the portal), the portal will give a successful bid submission message and a bid summary
will be displayed with the bid no. and the date & time of submission of the bid with all other
relevant details.
4.10 The bid summary has to be printed and kept as an acknowledgement of the submission of
the bid. This acknowledgement may be used as an entry pass for any bid opening meetings.

5. ASSISTANCE TO BIDDERS
5.1 Any queries relating to the tender document and the terms and conditions contained therein
should be addressed to the Tender Inviting Authority for a tender or the relevant contact
person indicated in the tender.
5.2 Any queries relating to the process of online bid submission or queries relating to CPP Portal
in general may be directed to the 24x7 CPP Portal Helpdesk.
0120-4200 462/4001 002/4001 005
International Bidders are requested to prefix +91 as country code.
Email Support:
For any issues or Clarifications relating to the published tenders, bidders are requested to
contact the respective Tender Inviting Authority
Technical – [email protected]
Policy Related – [email protected]
For any technical related queries please call at NIC Help Desk Number (between Monday to
Friday, 9 AM to 5 PM) [email protected] +91 1124305265.
*********

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SECTION- 5 PART A
GENERAL (COMMERCIAL) CONDITIONS OF CONTRACT

1. General Conditions of Contract

The General Conditions of Contracts provide the terms and conditions applicable to the
Supplier for the supply of Goods and the provision of Services.

2. Standards
The Goods and Services supplied under the Contract shall conform to the standards
prescribed in the Technical Specifications mentioned in SECTION-3 Part B.

3. Patent Rights
The Supplier shall indemnify the Purchaser against all third-party claims of infringement of
patent, trademark or industrial design rights arising from use of the Goods and/or Services
or any part thereof in Indian Telecom network.

4. Performance Security
4.1 The Supplier (including Micro and Small Enterprise bidders) shall furnish Performance
Security to the Purchaser for an amount equal to 3% of the all-inclusive value of Advanced
Purchase Order within 14 days from the date of issue of Advance Purchase Order by the
Purchaser. In case of Consortium, minimum 50% of the Performance Security shall be
furnished by the Lead member of the Consortium.
4.2 The proceeds of the Performance Security referred to in Clause 4.1 above 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 shall be in the form of Bank Guarantee issued by a scheduled bank
and shall be as per the format provided in Section-7 of this Tender Document respectively.
4.4 The Performance Security will be discharged by the Purchaser after completion of the
Supplier’s performance obligations including any warranty obligations under the Contract.
A certificate shall be issued to APO issuing authority/ office by consignee Circles in this
regard, within 1 month of completion of warranty period.
4.5 GST is also applicable in case of forfeiture of PBG due to non-performance. BSNL will raise
GST compliant invoice for the PBG amount along with applicable GST.

5. Inspection and Tests

5.1 The Purchaser or its representative(s) shall have the right to inspect and test the goods and
services as per prescribed test schedules for their conformity to the specifications
(“Inspectors”). 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 and services fail to conform to the specifications the

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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. In
case of Services, the Bidder shall make arrangements to rectify the deficiencies in Services
to conform to the specifications and all quality aspects of installations. BSNL will provide all
necessary documentation required for import and re-exporting the Faulty/rejected
equipment. Any costs incurred for the import/reexport of the faulty/rejected equipment is
to be borne by the supplier.
5.3 Notwithstanding the pre-supply tests and inspections prescribed in Clause 5.1 and 5.2
above, the Equipment and accessories on receipt at 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 including the Services, before it is taken over under
Clause 5.5, is found defective or fails to fulfil 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 and/or the Services 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 the site designated by the Purchaser. 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 and Services as the case may be, which
is defective or fails to fulfil the requirements of the Contract. The cost of any such
replacement of Goods and Services 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 for all aspects of the
Contract in respect of both Goods and Services. 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 and Services which do not materially affect the commercial
use thereof provided that the Supplier shall undertake to make good the same in a time
period not exceeding six months. 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, this 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". All the major validation issues and major technical
problems reported by the Circles should have been satisfactorily resolved.
5.6 Nothing in Clause-5 shall in any way discharge the Supplier from any warranty or other
obligations under this Contract.

6. Delivery and Documents

6.1 Delivery of the Goods and documents, its installation and commissioning shall be made by
the Supplier in accordance with the terms specified by the Purchaser in its SoR and Special
Conditions of Contract. The title of the Equipment/material so supplied shall vest with the
Purchaser after the sale is concluded. Thereafter, the Goods will be issued by the Purchaser

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to the Supplier and the risk of the Goods shall remain with the Supplier until delivery of the
complete network as a turnkey job has been completed and the network is made over to
Purchaser for operation. The delivery of the Equipment shall be to the ultimate consignee
as given in the Purchase Order. E1 and E2 transactions are allowed. Bidder shall comply
with the provisions of Applicable Law. Further, it is expected that the ultimate consignee
will be receiving the material. In exceptional circumstances, an officer of BSNL not below
the rank of JTO shall sign on the POD/DC. Delivery Challan is the compulsory document
required as POD along with the Lorry Receipt.
6.2 The supply, installation and commissioning of the system shall commence immediately on
placement of Purchase Order on the Supplier and be completed in accordance with the
commissioning schedule stipulated in the Special Conditions of Contract. .
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, if any,
validation/type approval and field trial/operation period as stipulated in the Special
Conditions of Contract.
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
7.1 The Successful Bidder shall provide training for installation and maintenance staff of the
Purchaser free of cost.
7.2 The Bidder shall specify in his Bid the quantum of proposed training for different aspects,
pre-training qualifications required of the trainees and duration of the proposed training to
complete the required person months of the proposed training..
7.3 The Successful Bidder shall provide all training material and documents in soft and hard
copies. Video Tutorials covering all activities for installation, Operations, maintenance,
Product Features, New Technology, Best practices, Training on Tools and Testers etc, shall
also be provided, along with the rights for internal use for BSNL training purposes.
Video tutorials for all the tools specified in SoR are to be provided with tutorial of 20 Hrs for
each component.
7.4 The supplier will provide advanced practical and theoretical training on drive test tool, 4*4
digital receiver, Hand held terminal, Planning tool, Post processing tool and RAN
optimization tool against each supplied unit ensuring that BSNL officers are fully trained
with the operations of these tools in respective circles. The training shall be conducted at
Zonal Level (in BSNL’s training centres/facilities) wherein the training infrastructure
including supplied Tools and testers will be arranged by BSNL and the successful bidder
needs to provide the skilled trainers
7.5 As part of the project, the supplier has to provide training for a minimum of 1 week per zone
to BSNL officers in India in installation, operation, testing and maintenance of system and
software. The training modules shall be finalized by Bidder in consultation with Purchaser
and it shall be conducted during project, Warranty and AMC phase in the ratio of 60%, 20%
and 20% respectively. However, the travel expenses, boarding and lodging for the trainees

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shall be borne by the Purchaser. The 1 week/zone also include all other training
requirements stated in various clauses, except Section-5 Part C, clause-1.3 (xii) which shall
be extra as it is part of hardware/software upgrades and not to be counted in the general
training mandate.

8. Incidental Services
8.1 The Supplier may be required to provide any or all of the following services:
(a) Performance or supervision of on-site installation and/or start-up of the supplied
Goods.
(b) Furnishing of tools required for installation 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 spares that would be required for
satisfactorily maintaining the network along with the quantity. The cost of these spare cards
shall be available in the detailed priced BoM submitted as part of the bid. In case price of
any of the spares is not quoted by the bidder in the detailed priced BoM, then, should there
be any need, BSNL will be free to work out the price of such spare based on the finalised
price of the equipment, on its own and such price worked out will be final and binding on
the supplier.
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.
In the event of termination of production of the spare parts, the Supplier shall give advance
notification to the Purchaser pending termination (not less than 2 years), in sufficient time
to enable the Purchaser to procure life time spare and following such advance intimation of
termination, furnish at no cost to the Purchaser, the blue prints, drawings and specifications
of spare parts, if and when requested.

10. Warranty
10.1 The Supplier/Bidder shall warrant that all supplies under the scope of the Contract shall be
new and free from all defects and faults in materials used, workmanship and manufacture
and shall be of the highest grade and consistent with the established and generally accepted
standards for materials of the type ordered and shall perform in full conformity with the
specifications and drawings. The Supplier shall be responsible for any defect that may
develop under the conditions provided by the Contract and under proper use, arising from
faulty material, design or workmanship such as corrosion of the equipment, inadequate
quantity of material to meet equipment requirements, inadequate contact protection,
deficiencies in circuit design and/or otherwise and shall remedy such defects at his own
cost when called upon to do so by the Purchaser who shall state in writing in what
respect the stores are faulty. This warranty shall survive inspection or payment for / and
acceptance of goods, but shall expire (except in respect of complaints notified prior to such
date) twelve months from the date of commissioning of the complete network in the

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licensed service area and 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 the
site designated by the Purchaser including freight, insurance and other incidental charges.

11. Payment Terms

11.1 The payment terms shall be governed by Clause-6 of section-5 Part B.
11.1.1 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.
11.1.2 No payment will be made for goods rejected at the site by the Purchaser on testing.

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-14.2 mentioned below.
12.2 For changes in taxes/ duties during the scheduled delivery period, the unit price shall be
regulated as under:
(a) Prices will be fixed at the time of issue of purchase order as per taxes and statutory
duties applicable at that time
(b) In case of reduction of taxes and other statutory duties during the scheduled delivery
period, purchaser shall take the benefit of decrease in these taxes/ duties for the
supplies made from the date of enactment of revised duties/taxes.
(c) In case of increase in duties/taxes during the scheduled delivery period, the purchaser
shall revise the prices as per new duties/ taxes for the supplies, to be made during the
remaining delivery period as per terms and conditions of the purchase order.
12.3 Any increase in taxes and other statutory duties/ levies, after the expiry of the delivery date
shall be to the supplier's account. However, benefit of any decrease in these taxes/duties
shall be passed on to the Purchaser by the supplier. The total price is to be adjusted (by
reducing the basic price) with increased duties and taxes as per price mentioned in PO.

13. 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;

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(b) the method of transportation or packing;
(c) the place of delivery; or
(d) the services to be provided by the Supplier.
13.2 If any such change causes an increase or decrease in the cost and quantity of, or the time
required for the execution of the Contract an equitable adjustment shall be made in the
Contract Price or delivery schedule, or both, and the Contract shall accordingly be amended.
Any proposal by the Supplier for adjustment under this clause must be made within thirty
days from the date of the receipt of the change in order.

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

15. Delays in the Supplier’s Performance

15.1 Delivery and performance of the Goods and Services shall be made by the Supplier in
accordance with the time schedule and technical specifications provided in the Purchase
Order. In case the supply of Goods and delivery of Services are not completed in the
stipulated delivery period, as indicated in the Purchase Order, the Purchaser reserves the
right either to short close/cancel the Purchase Order in part or full and/or recover
liquidated damage charges. The cancellation/short closing of the order for Goods and
Services in part or full shall be at the risk and responsibility of the Supplier and Purchaser
reserves the right to purchase balance unsupplied and/or short closed/cancelled supplies
and services at the risk and cost of the defaulting Supplier.
15.2 Delay by the Supplier in the performance of its delivery obligations with reference to both
the supplies and services shall render the Supplier liable to any or all of the following
sanctions:
(i) Forfeiture of its performance security.
(ii) Imposition of liquidated damages.
(iii) Short closure of 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 or subcontractor(s)
encounters condition impeding timely delivery of the goods and performance of service, the
Supplier shall:
(i) 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 the provisions of
Section-5 Part A clause 16.2) as per provisions given below.
(ii) The Supplier shall submit their request for extension along with the undertaking as
per Section 5 Part A, clause-24(fall clause) and a copy of QA inspection certificate at
least two weeks before the expiry of delivery period. The decision regarding extension
shall be communicated within two weeks of the receipt of request.

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(iii) In case extension is being granted beyond 20 weeks, then the Supplier shall submit
additional Bank Guarantee while seeking extension. For piecemeal items, the amount
of additional Bank Guarantee shall be 5% of the value of balance quantity of items to
be supplied for which extension in delivery period has been sought. In cases of
infrastructure/turnkey projects, other than as stated above, 1% of the total project
value should be the value for additional Bank Guarantee. The additional Bank
Guarantee shall be valid for six months beyond the extension of the delivery period
sought and shall be discharged after the full ordered quantity has been supplied to the
ultimate consignee within the last extended delivery period on submission of
inspection certificate from QA and consignee receipt without prejudice to the other
remedies available to the Purchaser.
(iv) If the Supplier 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.
(v) Format of (i) letters conveying conditions of DP extension and (ii) DP extension letter
are at Section 7 Part A & Part B.
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 Time is the essence of this Tender Document/Contract. The Bidder shall adhere to the
project execution schedule given in the Tender Document /APO/PO. The milestones
stipulated for delivery of supplies and services in the acceptance of the Tender shall 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. In
the event of Bidder’s failure to perform as per the milestones mentioned in the project
execution schedule in section-5 Part B, the Bidder shall be liable to pay liquidated damages.
The target dates for selected milestone shall be sacrosanct for the purposes reckoning
liquidated damages in this Tender/ Contract. Should, however, deliveries be made after
expiry of the contracted delivery period, without prior concurrence of the Purchaser and be
accepted by the Purchaser, such delivery will not deprive the Purchaser of his 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 Purchaser 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:
16.2.1 Should the Supplier fail to deliver the store/any consignment or service 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 basic 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 basic value of the
delayed supply and/ or undelivered material/ supply for each week of delay or part

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thereof for another 10 (Ten) weeks of delay. Extension of delivery beyond 20 weeks shall
not be generally allowed. The extension beyond 20 weeks shall be decided in most
exceptional circumstances on case to case basis by the Chief General Manager of the
concerned Telecom Circle that has placed the PO stating the reasons and justifications for
grant of extension of delivery period beyond 20 weeks.
16.2.2 In the case of turnkey projects, for the purpose of assessment of liquidated damages if any,
a delay in commissioning of a network element will be assessed to the extent to which it
has materially hampered its utilisation, from a revenue generation aspect, of the element
or entity to which it is associated. When the delayed portion of the supply is found to have
materially hampered installation and commissioning of the systems, liquidated damages
charges shall be levied as above on the total value of the concerned network element and
the indirectly impacted sub-system/systems.
16.2.3 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 an Arbitration Tribunal or before the Court of
Law. The same shall stand specifically excluded from the purview of the arbitration clause
and as such shall not be referable to arbitration. However the bidder can make
representation based on actual facts for consideration before the BSNL management.
When supply is made to the ultimate consignee within 21 days of QA clearance in the
extended delivery period and the goods were despatched within this delivery period, the
consignee may accept the stores and, in such cases, the liquidated damages shall be levied
up to the date of dispatch after QA clearance only.
16.2.4 The total value of the liquidated damages as per above sub-clauses shall be limited to a
maximum of 12% (Twelve percent) of the basic value of the delayed supply i.e. liquidated
damages shall be levied upto 20 weeks only as per provision at para. 16.2.1.
16.3 The provision of the Section- 5 Part A clause-16 shall be applied together with those
specified in Section- 5 Part B clause-34.

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 Event of Force Majeure shall not include:

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17.2.1 Strikes, collective bargaining agreements between the Supplier or its subcontractors with
their employees resulting in a delay in performance of the Supplier’s obligations under
the Contract and labor disputes of any kinds (other than strikes, labor delay or stoppage
or other labor disputes, on an industry wide, region wide or nationwide basis);
17.2.2 Late delivery of good and services caused by Suppliers’ subcontractors or due to
inefficiencies on the part of the Suppliers or its subcontractors.
17.3 Relief under this Clause 17 shall not be given unless the Party intending to claim relief has,
by notice to the other Party within ten (10) days of becoming aware of an Event of Force
Majeure or if later, within ten (10) days of an Event of Force Majeure having an effect upon
the performance of such Party’s obligations under this Contract, informed the other Party
that it desires to claim relief under this Clause 17. Such notice shall include such relevant
information as is available, including without limitation, a description of the Event of Force
Majeure and the date of its occurrence, the effect of such Event of Force Majeure upon the
performance of such Party’s obligations, the expected duration of such Event of Force
Majeure and its effects and the actions it is taking in order to comply with this Clause 17.
17.4 As soon as practicable after the occurrence of an Event of Force Majeure, the Party affected
shall:
17.4.1 use its best endeavours to prevent and reduce to a minimum and mitigate the effects of
the Event of Force Majeure, including where appropriate and having recourse to
alternate acceptable sources; and
17.4.2 use its best endeavours to perform its obligations to the maximum extent practicable.
Relief under this Clause 17 shall cease to be available to a Party if it fails to use such best
endeavours.
17.5 Subject to above clauses, the Party affected by an Event of Force Majeure shall be relieved
from liability and shall not be construed to be in default in respect of any obligation
hereunder to the extent that and for so long as the failure to perform such obligation shall
be due to an Event of Force Majeure.
17.6 If an Event of Force Majeure has occurred that results in delay in performance of the
obligations of the Parties, in excess of thirty (30) calendar days, the Parties may, enter into
good faith negotiations regarding adjustments to the relevant terms of this Contract or the
relevant Purchase Order. If any Event of Force Majeure prevents, or the Parties agree that
such an Event of Force Majeure will prevent, the Supplier from fulfilling its obligations under
the Contract for a continuous period of more than 60 days. Either Party may terminate this
Agreement or corresponding Purchase Order in accordance with the provisions hereof.
17.7 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.

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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, PartA;

18.2 Purchaser will take action as specified in Appendix-1 of Section-4, Part-A.

19. (Clause Deleted)

20. DISPUTE RESOLUTION
20.1 Dispute Resolution Committee (DRC)
20.1.1 Disputes arising under this Request for Proposal (RFP) shall be formally notified in
writing (Dispute Notice) by either party ("the Notifying Party") to the other party ("the
Receiving Party"). The parties are encouraged to resolve disputes amicably through
direct negotiation and information sharing.
20.1.2 If the dispute remains unresolved after direct negotiation and communication, the parties
shall establish a Circle wise Dispute Resolution Committee (DRC). The DRC shall
comprise the following members:
a) BharatNet BA Head, BSNL, respective circle
b) Authorized Representative of Bidder
c) An officer from BSNL Corporate Office (GM level)
20.2 Dispute Adjudication Board (DAB)( list of issue)
If the dispute remains unresolved after negotiations and the intervention of the DRC,
either party may refer the dispute to the Dispute Adjudication Board (DAB) within 15 days
from the date of the dispute notice as provided in Clause 19.1 above.
The DAB shall be established on a Circle-wise basis and shall consist of the following
members:
a) CGM, BSNL, respective circle
b) Authorized Representative of Bidder–State Representative
c) An officer from BSNL Corporate Office (PGM/ CGM level)
20.3 The mechanism for resolution of disputes through conciliation under Outside Expert
Committee (OEC) :
If any difference or dispute (hereinafter referred as “Dispute”) remains unresolved after
negotiations and the intervention of the DAB also, the party aggrieved (hereinafter
referred as “Claimant”) shall refer the Dispute to conciliation under Outside Expert

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Committee (hereinafter referred as “OEC”). The OEC nominated by USOF shall be
comprised of 3 members who shall be independent in terms of Section 12 read with
Schedule 5 of the Arbitration and Conciliation Act, 1996 (hereinafter referred as “Act”). The
proceedings shall be governed by Part III of the Act. The detailed procedure has been given
in Annexure A.

Annexure A
1. Conciliation through Outside Expert Committee (OEC):
A. If any dispute, difference, question or disagreement arises between the parties hereto
or their respective representatives or assignees, in connection with construction,
meaning, operation, effect, interpretation of the third party contract or breach thereof
which parties are unable to settle mutually, the same may first be referred to
conciliation through Outside Expert Committee (“OEC”) as provided in the Conduct of
Proceedings through OEC in Annexure B
B. The venue of the OEC meeting shall be as decided by USOF.
C. OEC members will be paid fees and provided facilities (as detailed under Annexure C
hereinafter, subject to revision by BSNL & USOF, jointly, from time to time and subject
to Government guidelines on austerity measures, if any
D. Parties are free to terminate the conciliation proceedings at any stage as provided
under the Arbitration and Conciliation Act, 1996.
E. Subject to terms and conditions contained in the above paras, the provisions of the Part
III of Arbitration and Conciliation Act, 1996 shall be applicable to the conciliation
proceedings and the parties and the OEC members shall be bound by the same.

Annexure B
Conduct of Conciliation Proceedings by OEC
Proposal for OEC
1. The Claimant shall give notice for conciliation to the other parties. The notice shall be given
to the concerned officer(s) named for the other parties in the third party contract, clearly
bringing out the points of dispute and the amount claimed with documents in support of the
claim and the party concerned shall not raise any issue thereafter. It shall be ensured by
parties that no parallel proceedings relating to dispute under the same contract are going on
in any Court/ Forum /Tribunal. In case, if any dispute is pending relating to the same Contract,
then both the parties shall either withdraw the proceedings from the Court/ Tribunal / forum
or shall keep the case in abeyance.
Constitution of OEC
2. The OEC shall comprise of 3 members, appointed by USOF.
3. In case of vacancy created because of the resignation/recusal of any member, or if any OEC
member is not available to attend further OEC Meetings, the vacancy shall be filled by the
nomination by the USOF.
4. The OEC members shall give a declaration of independence and impartiality (as per
Appendix) to both the parties before the commencement of the OEC proceedings.
Constitution of OEC
5. The claimant shall submit its statement of claims to OEC members, and to the other party(ies)

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(hereinafter referred as “Respondents”) prescribed in the appointment letter within 30
days of the issue of the appointment letter (as per Appendix ___).
6. The respondents shall file its reply and counter claim (if any) within 30 days of the receipt of
the statement of claims.
7. Parties may file their rejoinder/additional documents if any in support of their claim/counter
claim within next 15 days. No documents shall be allowed thereafter, except with the
permission of OEC.
8. OEC will commence its meetings only after completion of the pleadings.
9. In case of 3 members OEC, 2 members will constitute a valid quorum and the meeting can
take place to proceed in the matter after seeking consent from the member who is not
available. However, OEC Recommendations will be signed by all Members. Further, efforts
must be made for unanimous recommendations. In exceptional circumstances such as
death/serious illness of OEC member or if any OEC member has resigned/recused himself
from the case during OEC proceedings and non-appointment of any other member in the
place of vacancy so caused, then with the consent of all the parties, two OEC members shall
give and sign the recommendations. At the conclusion of OEC proceedings, OEC members
shall give its recommendations for resolution of disputes based on material before it with
proper justification and reasons. Failure report or recommendations without reasons shall
not be construed to be a recommendation by the OEC.
10. The parties shall be represented by their in-house employees/executives. No party shall be
allowed to bring any advocate or outside consultant/advisor/ agent to contest on their behalf.
Ex-officers of BSNL and/or USOF who have handled the matter in any capacity are not be
allowed to attend and present the case before OEC on behalf of Contractor.
11. Solicitation or any attempt to bring influence of any kind on either OEC Members or BSNL or
USOF is completely prohibited in conciliation proceedings and USOF reserves the absolute
right to close the conciliation proceedings at their joint discretion if they apprehends any
kind of such attempt made by the Contractor or its representatives.
12. Parties agree to rely only upon documentary evidence in support of their claims and not to
bring any oral evidence in the OEC proceedings.
13. OEC will give full opportunity of hearing to the parties before giving its recommendations.
14. OEC will conclude its proceedings in maximum __3_ meetings, and give its recommendations
within 60 days of its first meeting. OEC will give its recommendations to all the parties
recommending possible terms of settlement. USOF may extend the time/ number of
meetings, in exceptional cases, if OEC requests for the same with sufficient reasons.
15. Parties shall not claim any interest on claims/counterclaims from the date of notice invoking
conciliation till execution of settlement agreement, if so arrived at. In case, parties are unable
to reach a settlement, no interest shall be claimed by either party for the period from the date
of notice invoking conciliation till the date of OEC recommendations and 30 days thereafter
in any further proceeding.
Actions after OEC Recommendations
16. The recommendations of OEC are non-binding and the parties may decide to accept or not to
accept the same. Parties are at liberty to accept the OEC recommendation with any
modification they may deem fit.
17. Each party shall communicate its comments/response on the Recommendations given by the
OEC along with its decisions whether the recommendations are acceptable or not, to the other
parties within a period of 15 days from the electronic receipt of the recommendations of OEC.

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If recommendations are acceptable by all the parties, a settlement agreement under Section
73 of the Arbitration and Conciliation Act, 1996 will be signed within 15 days of last
communication of the period ending 15 days within which the decision of the parties has to
be communicated, and same shall be authenticated by all the OEC Members. The Agreement
so signed and authenticated shall have the same effect as an award passed under Section 30
of the Arbitration and Conciliation Act, 1996.
18. The timelines mentioned in the above guidelines are with an objective to achieve expeditious
conclusion of OEC proceedings. However, it does not mean that any action beyond the
timelines will be invalid. However, the party concerned will make all efforts to complete the
actions within the stipulated time.
19. The parties shall keep confidential all matters relating to the conciliation proceedings
including minutes of OEC meeting and Recommendations of OEC. Parties shall not rely upon
them as evidence in any arbitration / court proceeding whether or not such proceedings
relate to the dispute that is the subject of the conciliation proceedings,
a. views expressed or suggestions made by the other party in respect of a possible
settlement of the dispute;
b. admissions made by the other party in the course of the OEC proceedings;
c. proposals made by the OEC;
d. the fact that the other party had indicated his willingness to accept a proposal for
settlement made by the OEC.
20. Confidentiality extends also to the settlement agreement, except where its disclosure is
necessary for purposes of implementation and enforcement. This stipulation will not apply
to disclosure made by BSNL or USOF to Govt. of India or its authorities, if required.
20.1 The OEC members shall be entitled to the Fee as applicable.

20.2 APPLICABLE LAW AND JURSDICTION

(a) The supply order for Goods ‘or’ Services, including all matters connected with this
supply order shall be governed by the Indian law both substantive and procedural, for
the time being in force and shall be subject to the exclusive jurisdiction of Indian
Courts at the place from where the Purchase Order has been placed.
(b) Foreign companies, operating in India or entering into Joint Ventures in
India, shall have to obey the law of land and there shall be no compromise or excuse
for the ignorance of the Indian legal system in any way.

20. 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.

21. Intimation of supply status

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The Bidder, who is 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 the
concerned planning branches of the concerned circle/licensed service area of BSNL,

22. Details of Equipment

The Bidder shall furnish the name of his collaborator (if applicable), brand name, model no.
and type of the Equipment /products offered in this Tender. Detailed technical literatures of
the products should also be submitted. No change in either technology or product shall,
ordinarily, be permitted after opening of Bids.

23. Fall Clause

23.1 The prices once fixed will remain valid during the Scheduled Delivery Period except for the
provisions in clause 14.1 of section 5 Part A.
23.2 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; 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.
23.3 The Purchaser, for the purpose of extension to the delivery period, if any, will determine and
intimate the new price, taking into account various related aspects such as quantity
geographical location etc. and the date of its effect for the balance quantity/service to the
Vendor. In case the Vendor does not accept the new price to be made applicable during the
extended delivery period and the date of its effect, the Purchaser shall have the right to
terminate the Contract without accepting any further supplies. This termination of the
Contract shall be at the risk and responsibility of the supplier and the Purchaser reserves
the right to purchase the balance unsupplied quantity/service at the risk and cost of the
defaulting vendor besides considering the forfeiture of his performance security.
23.4 The vendor while applying for extension of time for delivery of equipment/services, if any,
shall have to provide an undertaking as "We have not reduced the sale price, and/ or offered
to sell the same or similar equipment/ service to any person/ organization including
Department of central/state Government or any central/ state PSU at a price lower than the
price chargeable under the contract for scheduled delivery period.":
23.5 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.

24. Court Jurisdiction

(i) Any dispute arising out of the Tender Document/Bid /evaluation of Bids/issue of APO
shall be subject to the jurisdiction of the competent court at New Delhi.
(ii) Where a Supplier 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 the Contract /PO has been issued.
Accordingly, a stipulation shall be made in the contract as under.

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“This Contract/ PO is subject to jurisdiction of Court at New Delhi only”.

25. GST Invoice and Compliances

25.1 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.
25.2 GST compliant invoice / supplementary invoice/Credit Note/ Debit Note/ Receipt Voucher with IRN
and QR Code need to be issued and timely within the time prescribed under GST law.
25.3 In case of any deficient/incomplete/rejected supply, BSNL shall convey the same in a reasonable
time to enable the supplies to issue credit note and take tax adjustment.
25.4 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.
25.5 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 USOF
for availing of credit and ensure that the place of supply as per GST law is same as registered premise
25.6 BSNL could at any time instruct the supplier to raise its invoices at a particular location of BSNL
25.7 It is the responsibility of the supplier to ensure that place of supply and the GSTN of BSNL are in the
same state. If for any reason they are not in the same state, the supplier shall intimate to BSNL and
give adequate time before raising of the invoice.
25.8 Invoice number should be mentioned on the E-waybill.
25.9 Supplier shall be responsible for timely issuance and delivery of invoice/ DN/ CN to enable BSNL to
claim tax benefit on or before the stipulated time period provided by the GST law.
(i) Uploading appropriate invoice details on the GSTN within the stipulated time;
(ii) Supplier needs to pay the entire self-assessed tax on timely basis.
(iii) Where invoice is not uploaded or incorrect upload of invoice detail of GSTN by supplier then
credit on such invoice will not be given provisionally but only after 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. 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.
(iv) 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.
(v) A self-declaration along with evidence that the bidder is not backlisted 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.
25.10 Refer Annexures below (placed as Annexure- Ito Section 5 Part A) for clause stating that all the
details of supplier (name, address, GSTN/ unregistered supplier, place of supply, SAC/ HSN code
etc.) and other mandatory details shall be mentioned on the invoice
25.11 Where the location agreed are more than one state, then separate invoice state wise to claim input

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submitted.
25.12 It shall be the responsibility of the supplier to mention State of place of supply of goods/services
in the invoice issued to USOF.
Annexure – I to Section 5 Part A

S.N. Particulars of "Receipt Voucher"

1 Name and registered address of supplier
2 GST registration number of supplier
3 Name of BSNL entity
4 `Bill to' and `Ship to' address of BSNL
5 GST registration Number of BSNL
6 Date of document issued
7 Document Number
8 Place of Supply (including State)
9 Amount of advance taken
10 Type of TAX (CGST, SGST and IGST)
11 Rate of TAX
12 Quantity of goods
13 In case invoice has more than one tax rates, rate of tax and amount of tax for each
supply should be mentioned separately.
Note:
Invoice issued at a later stage against receipt voucher to mention this document number.
Refund voucher to be issued against the advances received if no supply is made and no
invoice is raised.

Sr. No. Particulars of "Input Invoice"

1 Name and registered address of supplier
2 GST registration number of supplier
3 Name of BSNL entity
4 `Bill to' and `Ship to' address of BSNL
5 GST registration Number of BSNL
6 Date of Invoice
7 Invoice number
7A QR Code and IRN number
8 Place of Supply (including State)
9 Type of TAX (CGST, SGST and IGST)
10 Rate of TAX
Value of goods/service and type/rate/amount of TAX should be separately
11 mentioned
12 Quantity of goods
13 Total value of Invoice
14 Description of Supply of goods/service

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15 HSN code in case of goods
16 Accounting code in case of service
17 In case invoice has more than one tax rates, rate of tax and amount of tax
for each supply should be mentioned separately.

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Section 5 Part B
SPECIAL CONDITIONS OF CONTRACT

1. Special Conditions of Contract

The Special Conditions of the Contract shall supplement the ‘Detailed Notice Inviting Tender’,
`General Instructions to the Bidders’, "General Conditions of the Contract". Wherever there is
a conflict, the provisions herein shall prevail over those in GRs.

2. SPARES
(i) Bidder to whom work is awarded, shall ensure the availability of spares for entire period
of contract. As an advisory vendor shall stock adequate spares at its own premises in each
BA headquarter / district location during the contract period, to meet the SLAs and avoid
penalty.
(ii) In the event of termination of production of the spare parts:
a. Advance notification to the purchaser of pending termination (not less than 2 years)
in sufficient time to permit the purchaser to procure needed requirement; and
b. Following such advance intimation of termination, furnishing at no cost to the
purchaser, the blue prints, drawings and specifications of spare parts, if and when
requested.

3. QUALITY ASSURANCE AND TESTING

(i) The QA test schedule shall be issued by BSNL. QA unit shall carry out the testing
accordingly.
(ii) The supply will be accepted only after Quality Assurance tests are carried out by Quality
Assurance Wings of BSNL, as per prescribed test schedule specified by BSNL.
(iii) In case of any Quality issue, manufacturers would have to replace the defective material,
in full, by good material duly passed by QA.
(iv) The QA units of BSNL, as specified by BSNL in the APO/ Purchase Order, while clearing
the equipment/ stores will strictly adhere to the package discipline for all item in the Bill
of Material mentioned in the Purchase Order. Supplies made in full, “as per purchase
order”, during delivery period only will be deemed to have been supplied within the
schedule delivery period.
(v) The bidder would bear all charges pertaining to type approval, Quality Assurance as well
as all types of testing except any fees charged by the testing agency for carrying out QA
on behalf of BSNL.
(vi) The successful bidder shall pay the required QA testing charges to QA Circle and will get
the reimbursement on completion of Installation & Commissioning.

4. ACCEPTANCE TESTING (A/T):

(i) Purchaser reserves the right to appoint any testing authority including its own A/T team

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for carrying out Acceptance testing of the supplied equipment. The Acceptance Test
schedule generally covers the following:
a. Checking iron work, cabling and wiring
b. Checking components and materials on sample basis.
c. Functional test on individual equipment /network.
d. Test of services / features.
e. Capacity test/ quality testing.
(ii) The A/T (Acceptance Testing) test Schedule is enclosed at Section-12 of this RFP
document. All Tests shall be conducted in accordance with A/T test schedule.
(iii) Within three weeks of installation of the supplied equipment, the successful bidder shall
offer the equipment for Acceptance Testing. Bidder shall offer the sites in lots with lot size
of 20 numbers of OLTs (preferably in a single Business Area) for A/T after the OLTs are
visible in NOC.
(iv) Before offering for A/T, the bidder shall progressively self-conduct and perform
Preliminary Acceptance Testing (PAT) for the supplied equipment after the OLTs are
visible in NOC, in accordance with the A/T test schedule. Bidder shall preserve the reports
of successful testing of such PATs and shall submit the same to BSNL along with offer for
Final A/T.
(v) Once the bidder completes the PAT for a lot, it shall offer the equipment for Final
Acceptance Test (FAT). BSNL shall carry out Final A/T for only 1 (one) site of the offered
sites (random sample), with following conditions:
(a) BSNL shall have the right to choose any site for Final A/T out of the lot of offered
sites (20 sites).
(b) In case, the final A/T fails at the sample site, Acceptance Testing for all the
equipment in the lot (i.e. 20 offered sites) shall be deemed as failed, if the reason for
failure is not attributable to the bidder.
(c) In case of unsuccessful A/T for a lot as per clause (b) above, the 30% amount of
equipment cost; for all the sites in the offered lot; payable against the 2nd milestone
of payment terms as per clause-11.2.(i).(b) of Section-5 Part-B, shall not be paid to
the bidder.
(d) The bidder shall replace the equipment at all the sites in the offered lot; where the
A/T is not successful; without any additional cost to BSNL.
(vi) In case of successful completion of A/T for 5% sample sites of the offered lot, BSNL shall
issue a final A/T certificate for all the sites in the offered lot which shall be used as a
prerequisite for the 2nd milestone payment of 30% for equipment as per clause-11.2.(i).(b)
of Section-5, Part-B.
(vii) The bidder shall make available the software programs and testers required for carrying
out the acceptance tests as per the schedule.
(viii) BSNL will carry out all the tests detailed in the acceptance test schedule to confirm that
the performance of the different modules, subsystems, and entire installation satisfies

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the specified requirement of specifications including service performance.
(ix) Any components or modules failing during the acceptance tests shall be replaced at no
extra cost to the Purchaser at site by the Selected Bidder. These shall be shipped within
two weeks of the A/T report. 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 fulfil 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.
(x) When the performance tests called for have been successfully carried out, the consignee
will issue a Taking Over Certificate. The consignee shall not delay the issue of any “Taking
Over Certificate” contemplated by this clause on account of minor defects in the
equipment which do not materially affect the commercial use thereof provided that the
supplier shall undertake to make good the same in a time period not exceeding six months.
The Taking Over Certificate shall be issued by the ultimate consignee within six weeks of
successful completion of tests.
(xi) The responsibility of security of the equipment from time of installation till the time of
taking over by BSNL shall be of the bidder.
(xii) After all acceptance tests completion, the designated Testing Executive will certify the
equipment as fit for commissioning.

5. VALIDATION FOR INTEGRATION WITH NMS

(i) The EMS shall be subjected to on-site validation tests for its integration with NMS as
specified by BSNL.
(ii) Selected bidder shall arrange for validation of EMS functionalities related to all type of
PON equipment i.e. OLT (min one Nos.) ONTs [min Ten (10) Nos] and all types of software
purchased as part of this tender, at the site determined by BSNL.
(iii) During Validation all functionality related to services i.e. security services, encryption
services, POTs, VOIP (SIP Phones), High Speed Internet (HSI), Video On Demand (VOD),
Broadcast TV, HDTV, IPTV, Interactive Video, any other services etc as envisaged under
the purview of this tender shall be demonstrated by the Supplier to the satisfaction of
BSNL/CPSUs.
(iv) The test schedule for such validation shall be finalized in consultation with the successful
bidder.
(v) The Supplier shall provide, at his own cost all the testing equipment/ instruments as
required for all the tests to be conducted so as to complete the Validation as per the
specified time schedule

6. WARRANTY
(i) The contractor shall warrant that stores to be supplied shall be new and free from all
defects and faults in material, 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 contractor shall be responsible for any defects that may develop under the

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conditions provided by the contractor and under proper use, arising from faulty materials,
design or workmanship such as corrosion of the equipment, inadequate quality of material
to meet equipment requirements, inadequate contact protection, deficiencies in circuit
design and or otherwise and shall remedy such defects at his own cost when called upon to
do so by the purchaser who shall state in writing in what respect stores is faulty. The
warranty shall survive inspection or payment for, and acceptance of goods, but shall expire
except in respect of complaints notified prior to such date; two years after the equipment
have been taken over. Warranty shall also include replacement of faulty software.
(ii) The warranty period shall be as per Scope of Work (section-3 Part-A).
(iii) If it becomes necessary for the contractor to replace or renew any defective portion/
portions of the equipment under this clause, the provisions of the clause shall apply to the
portion/portions of equipment so replaced or renewed or until the end of the above
mentioned warranty period. If any defect is not remedied within a reasonable time, the
purchaser may proceed to do the work at the contractor’s risk and expenses, but without
prejudice to any other rights, which the purchaser may have against the contractor in
respect of such defects.
(iv) Replacement under warranty clause shall be made by the contractor free of all charges at
site including freight, insurance and other incidental charges.
(v) During the warranty the bidder shall perform all the functions as enunciated under the
AMC free of cost. All the penalty clauses shall be applicable during the period of warranty
in case of failure on the part of supplier.

7. SOFTWARE
(i) Software version of the equipment being supplied must be indicated in the schedule of
requirements as well as in order documentation.
(ii) The bidder shall supply new versions of software as and when released along with
associated hardware necessary for maintaining the software on the systems /
equipment supplied to BSNL, free of cost continuously for a period of seven years from
the date of commissioning of last equipment in the network as a part of the order against
this tender.
(iii) All the software licenses shall be supplied for unlimited period.
(iv) Software upgrades shall not affect and degrade services.
(v) All software licenses must be for use & shall be indicated for each of the applications
in “any other hardware & software” item of Schedule of Requirement (SOR).
(vi) The system hardware/software should not pose any problem due to change in date time
caused by events such as change of millennium, century, leap year etc, in the normal
functioning of the equipment.
(vii) For software, which require license, the bidder shall provide all necessary licenses
required. Bidders shall also indicate unit price of license for each software, however the
financial bid shall contain total cost of software licenses as per the complete tender
requirement.
(viii) Details of all the modules & sub modules of all the software shall be submitted along

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with the bid.
(ix) The bidder has to provide APIs of systems supplied against the Purchase Order for
sharing with other EMS or similar systems supplied and NMS for the purpose of
integration, free of cost.
(x) The bidder shall provide installation material if not quoted in the bid including specific
tools if any, forming part of supply for successful installation & commissioning of the
system at each location free of cost.
(xi) It will be the responsibility of selected bidder to provide all the functionalities in this
project as listed in the tender documents without any additional cost.
(xii) All cabling and installation material required for implementation of the project will be
provided by the bidder. All cables and connectors shall conform to latest standards.
Vendor will use best installation practices, tools, material, wiring etc. as are prevalent
in the industry. Materials & tools required for day-to-day operation of the system on
each site shall be provided by the supplier. No additional payment shall be made for any
installation items by BSNL under any circumstance.
(xiii) Technical Audit of system performance: Purchaser reserves the right to carry out
technical audit of equipment through any designated agency from time to time & bidder
shall take necessary corrective measures to conform to the performance parameters
stipulated in the tender document with in the period of performance guarantee.

8. DOCUMENTATION
The bidder shall provide soft copy of detailed documents on installation, operation &
maintenance, trouble shooting of system pertaining to the equipment supplied along with
documents containing Do’s & Don’ts for each of the activities i.e. installation/ O&M/
trouble shooting etc. supported by diagrammatic/ schematic presentation. The document
shall also include system description; various cards & their features along with block
schematic including inter rack/ inter card connectivity or wiring etc. and procedures for
invoking/ suppressing each of the features/ services available. If the documentation does
not conform to abovementioned details, or does not meet the requirements of the
purchaser, the bidder shall make additions or alterations or supply new documentation
as required by the purchaser.

9. AMC
(i) The yearly comprehensive AMC charges (including labour, spares, maintenance
material, batteries, power cable, fiber cable (internal wiring), pig tail patch cord,
connectors, consumables etc.) for seven (7) years after the warranty shall be at fixed
percentages of the basic equipment cost as mentioned in the price schedule for each
year. The bidder shall calculate the amounts in Rupees and fill the values in price
schedule.
(ii) The AMC shall include visit of the engineers of the bidder as and when required to meet
the conditions of AMC.
(iii) DELETED
(iv) AMC shall initially be ordered for 5 (five) years. BSNL shall have the right to extend or

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not to extend the AMC for further 2 years beyond initial 5 years. In exceptional situation,
BSNL may extend the AMC for a total period of 10 years, post warranty.
(v) The terms and conditions for AMC in the form of an agreement are given in Section-5,
Part-C of this document.
(vi) In case vendor requires release of main PBG, a Performance bank guarantee applicable
for AMC is to be submitted at start of the AMC and shall be applicable as 10% of the
total value of 5 years’ AMC Charges. The PBG submitted after award of contract shall
be released only after new PBG for the AMC period is submitted and accepted by buyer
after due verification. Bank guarantee for AMC is to remain valid till completion of initial
AMC period of 5 years plus six months i.e. 5.5 years.
(vii) If BSNL extends the AMC for further two years, the PBG submitted before start of
original AMC shall be released after new PBG for the extended AMC period is submitted
and accepted by buyer after due verification. The Bank guarantee for extended AMC
shall be @ 10% of total value of 2 years AMC charges & is to remain valid for a period of
2 years plus six months i.e., 2.5 years. The same shall be applicable for further extension
of AMC, if any.
(viii) During the warranty the bidder shall perform all the functions as enunciated under the
AMC free of cost. All the penalty clauses shall be applicable during the period of
warranty in case of failure on the part of supplier.

10. DELIVERY SCHEDULE

10.1. Pursuant to clause-4 of Section-4, Part-B, multiple POs can be placed by BSNL within two
years period from date of acceptance of APO at same rates, terms & conditions as in accepted
APO.
10.2. The Delivery Schedule, against each Purchase Order for supply, installation &
commissioning of the equipment, shall be as given below:
(i) Weekly Delivery Schedule for the First Purchase Order only:
Minimum 1000 OLTs (along with associated equipment) per week, as per ordered
quantity, with first lot by the end of 11th week from the date of Purchase Order.
Illustration: If the first P.O. is issued on 05.02.2024 for 2200 OLTs, the delivery
schedule will be as below:
(a) First lot of 1000 or more OLTs by 21st April 2024.
(b) Second lot of 1000 or more OLTs by 28th April 2024.
(c) Remaining, if any, by 5th May 2024.
(ii) Weekly Delivery Schedule for all the further Purchase Orders:
Minimum 1000 OLTs (along with associated equipment) per week, as per ordered
quantity, with first lot by the end of 7th week from the date of Purchase Order.
Illustration: If the first P.O. is issued on 18.03.2024 for 2200 OLTs, the delivery
schedule will be as below:
(a) First lot of 1000 or more OLTs by 5th May, 2024.

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(b) Second lot of 1000 or more OLTs by 12th May, 2024.
(c) Remaining, if any, by 19th May, 2024.
(iii) EMS shall be supplied with the first Purchase Order.
10.3. Advance delivery is permitted subject to availability of valid TAC/ TSEC.
10.4. The delivery of the equipment shall be to the ultimate consignee. The consignee details for
the month-wise delivery schedule would be mentioned in the Purchase Order.
10.5. Each lot of supply will have two parts- delivery to consignee and Installation &
Commissioning (I&C).
10.6. In case of delay on account of the supplier (as per clause 10.5 above), Liquidated Damages
shall be applicable at the rates prescribed in Section-III, clause-16 of this tender document.
10.7. If a bidder who is given Purchase Order fails to commence supply or fails to meet the weekly
delivery schedule as per the above clause, the purchaser reserves the right to cancel the PO
and encash the Performance Bank Guarantee.

11. PAYMENT TERMS:

11.1. Payment of specified percentage of the price as stated below shall be made on receipt of
goods by consignee.
11.2. Payment shall be made in Indian Rupees, as given below:
(i) For supply of Equipment (OLT & EMS):
(a) 60% of basic value of equipment + Reimbursement of 100% GST (subject to
details of the invoice is reflected in GSTR-2A of BSNL on GSTN portal) after delivery of
the equipment.
(b) 30% (of basic value of equipment) after installation & successful commissioning.
NOTE:
A. Invoices against I&C can be raised on successful completion of Acceptance Testing
and issue of ATC for minimum 25 number of OLTs. Multiple invoices can be raised
accordingly.
B. In case, BSNL fails to provide consignee location for Installation & Commissioning
within 180 days of the actual date of delivery, the vendor shall be eligible for the
30% payment against I&C after expiry of this 180 days period.
(c) 10% (of basic value of equipment) after completion of warranty period of 1 year.
(ii) For Installation & Commissioning:
(a) 90% of I&C cost: After Installation & Commissioning of the equipment.
(b) 10% of I&C cost: After completion of warranty period of 1 year.
NOTE:
I&C invoices can be raised on successful completion of Acceptance Testing and
issue of ATC for minimum 25 number of OLTs. Multiple invoices can be raised
accordingly.

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(iii) Payment terms for AMC:
(a) The entire AMC and O&M period duration for a year will be divided into four quarters.
(b) After successful completion of the AMC period of each quarter, 100% payment after
making due adjustment towards SLA penalties shall be made based on the quarterly
bills submitted.
(c) No advance payment for AMC shall be made.
11.3. 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, etc.
(b) Acknowledged Delivery Challan in original.
(c) Inspection Certificate of QA (Payable copy in original) for GPON OLTs supplied.
(d) Consignee receipt
(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 the supplier declares the details of
the invoices in its return in GSTR-1 and GSTR-3B uploaded by the supplier and after
submission of proofs of GST compliances.
(3) TDS/ TCS shall be deducted by BSNL on behalf of USOF under USOF PAN/TAN 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
due to non-compliances towards Tax Laws on account of supplier's default.
(5) In case USOF 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.
11.4 No payment will be made for goods/ works/services rejected at the site on testing.
11.5 The supplier has to give the mandate for receiving payment costing Rs.5 lakhs and above
electronically and the charges, if any, levied by bank has to be borne by the bidder/ 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.:

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e) Branch Serial No.(MICR No.):
11.6 GST Invoice:
i. 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.
ii. 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.
iii. In case of any deficient/incomplete/rejected supply, BSNL shall convey the same in
reasonable time to enable the supplier to issue credit note and take tax adjustment.
iv. 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.
v. Registered location of both the parties i.e. USOF and supplier should be mentioned in
the agreement with GSTIN No. Further, supplier should raise invoices at the registered
premise of USOF and ensure that the place of supply as per GST law is same as
registered premise.
vi. BSNL on behalf of USOF could at any time instruct the supplier to raise its invoices at
a particular location.
vii. Invoice number should be mentioned on the E-way Bill.
viii. Supplier shall be responsible for timely issuance and delivery of invoice/ DN/ CN on
or before the stipulated time period provided by the GST law.
(b) 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.
(c) 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/USOF of the loss of credit due to mis-match. The
compliances to be adhered by supplier includes(but is not limited to) the
following:
(i) Uploading appropriate invoice details on the GSTN within the stipulated
time;
(ii) Issuing GST compliant invoice / CN/ DN. PO issued by BSNL on behalf of
USOF should be referred by supplier for capturing information on the
invoice.
(iii) Supplier needs to pay the entire self-assessed tax on timely basis.
(iv) Where invoice is not uploaded or incorrect upload of invoice detail of GSTN
by supplier then credit on such invoice will be given provisionally subject to
matching. So, acceptance of changes made by BSNL on GSTN on account of
non-upload or incorrect upload of invoice details on GSTN is to be submitted
by supplier. Such changes w.r.t. the mismatch are required to be accepted
by supplier with in the time limit prescribed under the GST law. It should be

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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 USOF / BSNL for the losses of credit and interest paid
due to mismatch.
(v) Supplier to issue all necessary documentation and perform all necessary
compliances to BSNL.
(vi) A self-declaration along with evidence that the bidder is not blacklisted by
GST authorities. In case supplier gets black listed during the tenure of this
contract, then supplier must indemnify USOF/ due to default of supplier.
(vii) Where the location agreed are more than one state, then separate invoice
state wise shall have to be submitted.
It shall be the responsibility of the supplier to mention State of place of supply of
goods/services in the invoice issued to BSNL in the name of USOF or any designated authority.
12. Anti-dumping duty, if any shall be to the account of the supplier.
13. For each item mentioned in the Schedule of Requirement (SOR), the bidder shall furnish an
unpriced detailed bill of material in the Technical-Part and the corresponding priced detailed
bill of material in the Financial-Part.
14. The bidders should clearly indicate the technology, make, model number and software
version for the equipment for which the offer has been made including third party items, if
any. In case it is a case of transfer of technology, the details, such as name of technology, name
of company etc. should be given and the copy of memorandum of understanding for transfer
of technology and RBI clearance if applicable should be enclosed.
15. Change of the quoted technology/ product/ model for GPON OLT and EMS shall not be
allowed after bid opening.
16. The bidder is required to supply the IT hardware such as EMS etc. as per the make and models
quoted in the unpriced BOM. In case, the quoted IT hardware is no more supplied by the
Original Equipment Manufacturer (OEM) at the time of dispatch of the tendered item, a
certificate to this effect from the original manufacturer shall be submitted by the bidder. The
bidder shall submit the next/ higher version of the model quoted in the tender. The new
model of the IT hardware so quoted shall be from the same manufacturer of the original
model quoted in the tender and will meet all the specifications of the quoted model. Only on
the confirmation of the User Section, the bidder may be permitted to supply the new version
of the IT hardware, subject to the technical validation of the new version of the model. The
new model of IT hardware shall be supplied at the same quoted cost in the tender.
17. DELETED
18. The bidders, who are given Purchase Order, must give the details of the supplies made against
various purchase orders every month on first working day of the following month to
BharatNet O&M Cell and MM Cell of BSNL Corporate Office, New Delhi.
19. Mandatory Licensing requirements with regards to security related concerns issued by the
Government of India from time-to-time shall be strictly followed.

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

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SECTION 5 PART C
ANNUAL MAINTENANCE CONTRACT (AMC) AGREEMENT

This agreement is made on the ________ day of to be effective as shown in Table-I between M/s.
Bharat Sanchar Nigam Limited a company registered under the Companies Act 1956 having
license to provide all types of services of Telegraph and having its registered office and Corporate
Office at Bharat Sanchar Bhawan, Harish Chandra Mathur Lane, New Delhi – 110 001 (hereinafter
called BSNL) of the ONE PART and
M/s ------------------------------------------, a company registered under the Companies Act 1956 and
having its office at -------------------------------------------------------------------------------- (hereinafter
called SUPPLIER which expression shall unless repugnant to the context, include its successors in
business, legal representatives and administrators or permitted assigns) of the OTHER PART.
WHEREAS, BSNL had placed a purchase order on -------------------------------- for supply of -----------
------- make GPON equipment consisting of 4 port OLTs & Accessories vide P.O -----------------------
----------------------------------------. It is proposed to start the AMC for this purchase order as below:

P.O No Date of start of AMC End date of AMC

Whereas the supplier has agreed to duly comply with the provisions of this AMC document after
making himself fully aware and understanding fully the implications of the terms and conditions
and specifications mentioned therein and which has been accepted by BSNL on the terms and
conditions mentioned hereafter and after ascertaining that the supplier is fully capable of
complying with the terms of this AMC document.
Now the agreement witnesses as follow:
1. PERIOD OF VALIDITY OF THE AGREEMENT.
1.1 Agreement shall remain in force till ----------------------- and further extendable by -------- year
as per tender terms & conditions.
1.2 Extension of this Agreement shall be negotiable for the term depending on the performance
of the Supplier during the period of the initial term.
2. In addition to complying with all the terms and conditions recorded in the Bid Document,
the SUPPLIER hereby agrees and unequivocally undertakes to fully comply with all the
terms and conditions stipulated in this Agreement and without any deviation or
reservations of any kind.
3. During the period of AMC the SUPPLIER shall inter alia:
(i) Remotely diagnose the hardware and software faults.
(ii) Rectify the hardware/software faults.
(iii) Repair and replace the faulty PCB and any other equipment or part thereof.
(iv) Carry out the quarterly preventive maintenance from NOC.
(v) Create customized reports for maintenance and reporting purposes from EMS on daily
basis.

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4. The supplier shall prepare the Quarterly schedule for preventive maintenance through N.O.C.
and shall submit the same to BharatNet BA Head and NOC in advance prior to start of
Warranty Period. The preventive maintenance shall not affect the normal functioning of the
system. The preventive maintenance shall be carried out from BharatNet NOC and no physical
visit is envisaged. The NOC report for Preventive Maintenance shall be verified and accepted
by BharatNet BA Head.
5. The SUPPLIER shall be solely responsible for the maintenance, repair of the
software/hardware systems, equipment and parts thereof and BSNL shall not be liable to
interact with any of the partners/ collaborators or subcontractors of the SUPPLIER.
6. Physically Damaged and Visibly Burnt cards which are attributable to BSNL will not be
covered under the scope of this Agreement. And record of such card with serial number and
location should be maintained by BSNL.
7. This agreement covers GPON OLTs and associated accessories and EMS only.
8. REPAIR AND MAINTENANCE:
8.1. TECHNICAL SUPPORT & SERVICE CENTRE:
The whole process shall be made available on the portal.
The SUPPLIER shall have minimum 1 (one) Technical support / service / repair Centers in
each circle, where 1000 or more OLTs are to be supplied. The supplier shall deploy two
experts from 8:00 am to 8:00 PM at each node of NOC i.e. Delhi and Bangalore. The SUPPLIER
shall furnish the names, locations, complete postal address, Telephone numbers and FAX
numbers of all technical support / service / repair Centers Prior to start of warranty. The
SUPPLIER shall also specify the names of the Nodes to be covered by each Technical support
Center in the format given at Appendix-‘A’ to this agreement.
8.2. The SUPPLIER shall also provide the name of alternate contact person or Technical Support
Center with address & telephone /FAX no. which may be contacted by BSNL staff for support
in case of no response/poor response from the designated Technical Support center. This,
however, shall not preclude BSNL from imposing the penalties, if any, as applicable as per
the terms & conditions of this agreement.
8.3. Any change in Address, Phone number, FAX Number etc. shall have to be intimated in
writing by the SUPPLIER to the BSNL NOC team and circles. If the Node in charge of the
BSNL are unable to report the faults to the normally assigned Technical Support Center due
to the change of phone number etc. the fault will be reported (as per provision above) and
the SUPPLIER shall be responsible for rendering all the maintenance support services to the
affected station as per the terms and conditions of this Agreement.
8.4. RESPONSIBILITIES OF TECHNICAL SUPPORT & SERVICE CENTER:
8.4.1. The SUPPLIER shall ensure that all the Technical support, service & repair centers are
manned by fully competent and responsible Engineers and are:
(i) Capable of giving all types of necessary technical guidance/ assistance over phone to
the respective Node in-charge of BSNL sites.
(ii) Capable of attending the faults at the BSNL sites whenever needed by deputing
competitive technical expert.

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8.4.2. The SUPPLIER shall also ensure that Technical support Centers are manned and are able
to provide service to BSNL round the clock, all the seven days of the week throughout the
year. The level of service provided to BSNL shall not go down during night time or due
to any day being holiday, or for any other reason.
8.4.3. The Technical support Centers /Service /repair centers shall receive the faulty
cards/units/PCBs from BSNL sites and repair / replace them with good cards during the
period of AMC.
8.4.4. The Technical Support Center (s) shall also work as repair center(s) and it shall be
responsible for repairing the faulty cards/units/PCBs.
8.4.5. The bidder should implement a portal for RMA booking, tracking and fault records and
the same shall be part of the commissioning of the Project.
9. SOFTWARE UPGRADES:
(i) With the execution of this AMC, the SUPPLIER will support with identifying the root
cause of fault and if the root cause is pertinent to the supplied OLT, the bug will fixed by
providing a patch to software of the OLT or EMS Application software.
(ii) SUPLIER shall notify the NOC team in advance for planning the downtime for applying
the software patch. SUPPLIER will take follow up action to restore the OLTs to
production after the software patch is applied.
(iii) SUPPLIER shall do software upgrade of the OLT and EMS application software without
any additional cost to support the ONTs being connected to the OLTs as may be required
from time to time.
10. The first line maintenance shall be done by authorized staff/ agency of BSNL by replacement
of the faulty/ affected module with a readily available spare module. Spare module shall be
arranged by the vendor in each BSNL BA . The record should be maintained in the fault
booking portal.
11. The faulty module shall be sent by BSNL to the Bidder’s designated location within the BA .
12. The BIDDER shall arrange and ensure repair or replacement of the faulty equipment, to
maintain its own spare inventory . In case the Bidder wants to replace the spare card/ unit/
module with the repaired one, it shall be done within 21 days of receipt of the faulty module
by the Bidder. While the responsibility of delivering the faulty module/Card/PCB/equipment
to the BIDDER’s premises will lie with BSNL, the responsibility of repairing and sending back
the same to the respective BSNL site will be with the BIDDER.
13. 21 days’ time shall be calculated from the date of receipt of the faulty equipment by the Bidder
to the date of receiving back of the repaired one by BSNL. Wherever sub-racks or other
equipment are brought by the representative of the BIDDER at site for replacement of the
faulty unit/sub-rack/ equipment, the respective faulty equipment shall be taken back by the
said representative for further repair etc. at the cost of BIDDER (will be generally applicable
for EMS).
14. Vendor shall not be penalized for any delay from BSNL`s side i.e. any delay in providing road
permit by BSNL shall be excluded from Turn Around Time (TAT) calculation. If Bidder does

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not want the replaced unit given at the time of fault repair and repaired unit is kept as
recoupment to its own spare inventory, there shall be no penalty.
15. TECHNICAL SUPPORT PROCEDURE:
15.1 The following procedure shall be followed for Technical support: In case of any fault,
abnormality in the system, partial or total failure of the system, authorized staff/ agency of
BSNL, will immediately contact the designated Technical support Center of the Bidder and
give information about the nature of fault over phone / FAX / pager / e-mail or log the issue
in the Technical Support Web Portal maintained by the bidder.
15.2 The details of the faults reported shall be recorded in a prescribed format, called the “FAULT
– DOCKET” as agreed with BSNL on a Technical Support web portal developed by bidder.
Changes in the “FAULT – DOCKET” may be incorporated for better reporting and recording
reconciliation of the faults at BSNL Node and also at Technical support Centers of the Bidder
by mutual agreement and understanding so that there shall be proper and smooth booking
of Docket and closing of docket. The Bidder shall be required to integrate its system with
Bharatnet NOC for seamless flow of information.
15.3 Similarly, after rectification of fault, the time of restoration and total duration of fault will
be recorded by authorized staff/ agency of BSNL on the Technical Support web portal.
15.4 In case of any dispute arising regarding duration of fault etc, the Fault Docket as maintained
in web portal / Bharatnet NOC shall be the guiding documents to be agreed by both parties.
15.5 The “Fault Docket” shall be filled with utmost care, giving all the details of the faults and
other information as prescribed in the Fault Docket and the entries shall be made using user
id & password by node incharge.
15.6 Technical instructions shall be given to the authorized staff/ agency of BSNL staff of the
concerned Node, over phone. If the fault is restored by following the instructions given over
phone, the Node In-charge will close the Fault Docket after making suitable entries and after
satisfying himself of the proper restoration of the fault on web portal.
15.7 Once the fault has been rectified and the system & services were restored to normalcy,
record the details of steps to be taken and procedures to be followed for not only restoration
of similar faults by BSNL staff but also for preventing the occurrence of similar faults in
future. Similar entries shall be made in the fault docket also. A comprehensive fault report
must be available month wise in web portal
16. AMC charges and PAYMENTS:
The charges for AMC shall be %age of equipment cost (Without GST) +GST, as indicated in the
Purchase Order.
16.1 For fulfilling the above obligations, the following procedure shall be followed for paying the
SUPPLIER the charges for the services rendered by the SUPPLIER under this Agreement.
16.2 BSNL shall not pay any charges in advance. Bills for AMC shall be paid by BSNL at the end of
each quarter, after successful execution of the works under this Agreement normally within
30 days of the receipt of the bills duly completed.
16.3 The nodal in-charge shall be certifying services in the ERP (SES) generated based on service
verification portal (SVP) report. SVP portal report will be certified on monthly basis and will

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result in a combined SES for billing period. Vendor is not required to enclose any such
certificate in addition due to SVP process. For preventive maintenance, a docket will be
generated for each OLT by BharatNet NOC and resolved by vendor as per preventive
maintenance cycle. SVP has defined workflow and process for each activity. Proper
integration with docket data from vendor portal will result in a smooth process.
16.4 All payments shall be made by BSNL Circles based on the fault report received from the Node
in-charges of circles, after deducting penalties if any. For this purpose, BSNL shall also
designate nodal officers at the respective circle headquarters.
16.5 BSNL FTTH nodal in charges at each circles /BA or BharatNet BA Heads shall use the service
verification portal (SVP) for centralized verification of services and uptime / downtime of
services. Timely clearance of service verification in SVP portal shall be ensured by BharatNet.
16.6 BSNL reserves the right to adjust any over-payment of AMC charges in any quarter, any time
during the period of AMC.
16.7 After payment Concerned/ Circle shall communicate to Vendor about details of payment
with complete detail of invoice, penalty, TDS and net payment.
17. FORCE MAJEURE:
Neither BSNL nor the SUPPLIER shall be liable to the other for any delay in or failure of
performance of their respective obligation under the agreement caused by occurrences
beyond the control of BSNL or the SUPPLIER including but not limited to fire (including
failure or reductions), acts of God, Travel and material movement restrictions due to
Pandemic acts to the public enemy, war, insurrections, riots, strikes, lockouts, sabotage, any
law, status or ordinance, thereof of any other local authority, or any compliance therewith or
any other causes, contingencies of circumstances similar to the above. Either party shall
promptly but not later than twenty days thereafter notify the other of the commencement,
and cessation of such contingencies, and if such contingencies continue beyond three months.
Both parties agree upon the equitable solution for termination of this agreement or otherwise
decide the course of action to be adopted.
18. FAULTS: SEVERITY LEVELS, RESTORATION TIME & PENALTIES:
18.1 Severity Levels, Response times and Restoration times will be as below:
Fault Type (OLT) Severity Restoration
Level time
Fault in the equipment/ system affecting the 1A 12 Hours
availability of service to more than 5% of
working subscribers in a OLT & does not require
any hardware change
Fault in the equipment/ system affecting the 1B 24 Hours
availability of service to more than 5% of
working subscribers in a OLT require hardware
change
Any faults affecting the availability of service to 2A 16 Hours
5% or less subscribers in a OLT & no hardware
changes required

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Any faults affecting the availability of service to 2B 24 Hours
5% or less subscribers in a OLT &hardware
changes required

18.2 Here the node will be taken to mean a site having OLT. Availability of service shall be taken
to have been affected if indications including among other things, poor bit error rate to the
subscriber, intermittent failure, end-to-end unavailability of service to the customer fault of
continuous nature etc.
18.3 The time for restoration of fault will be counted from the time of reporting to the technical
support centre as per procedure prescribed in clause 15 of this agreement. As vendor
resources are always available in the NOC, No delay is expected.
18.4 For the purpose of arriving at the penalties as indicated in table above, the calculated
percentage upto two decimal points shall be rounded off to nearest figure (e.g. 4.49 % will
be taken as 4% and 4.50 shall be taken as 5%).
19. PENALITIES
19.1 If the supplier fails to restore the fault within the time limit specified in clause 18 above,
following penalties shall be applicable
I. Severity Level Penalty per 8 hours of delay/per node/per occasion
1A & 1B Rs. 300/-
II. Severity Level Penalty per day of delay/per node/per occasion
2A & 2B Rs. 150/-
(Delay will be counted in steps of 8 Hr/One day, as the case may be).
19.2 The penalty will be applicable on per node basis even if there is a commonality of fault at
any point in the network causing failure full or part of service at more than one node in the
network.
19.3 If the supplier is unable to meet the TAT of 21 days as mentioned in clause 12 &13 for
repair/ replacement of faulty equipment from the date of receipt of cards by the Bidder, a
penalty of Rs 150/-per day of delay per faulty module/card shall be applicable upto 30 days
delay from TAT time (i.e. 22nd day to 52th day). Beyond 30-day delay from TAT time (i.e.
from 53rd day), the penalty shall be Rs. 300/- per day.
19.4 A system of dispatch and receipt challans shall be worked out between BSNL and the
supplier within one month of the placement of Purchase Order in order to account for the
delay. Decision of BSNL as to how the system is designed shall be final.
19.5 The penalty shall be deducted from the quarterly bills. The maximum value of penalty for
fault in nodes shall not exceed 20% of AMC P.O. amount in that quarter. This penalty
capping would not be applicable for delay in repair of units/cards/modules beyond 60
days .
19.6 Any unit/card/module not returned to SUPPLIER’s designated premises during the
turnaround time period within 60 days of date of receipt of the faulty equipment at the
BIDDER`s designated premises, an amount equivalent to 1.5 times the cost of
unit/card/module OR an amount equal to penalty accrued in 60 days, whichever is higher
shall be levied on the vendor. The cost will not be counted as penalty, for the purpose of
capping as mentioned above in clause 19.5.
19.7 Physically Damaged & Visibly Burnt unit/card/module shall not be sent for repair hence

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excluded from RNP (Repair Not Possible). If some internal components are burnt, then such
unit/card/module can`t be treated as visibly burnt or physically damaged as the same can`t
be verified visually at the time of delivery of unit//card/module, If on analysis it is
diagnosed as burnt or damaged, which is not visible to the naked eye, then the card shall be
declared as RNP. Such declared RNP cards will be capped at 1% of the total supplied cards
per annum.
19.8 Non-performance of preventive maintenance (done remotely through EMS) as per schedule
will attract penalty value of up to 4% of the AMC value per OLT. This shall be in addition to
the penalty already imposed and shall not be considered for capping). No penalty towards
PM shall be deducted if it is due to BSNL reason.

20. DISPUTE RESOLUTION

As per clause 20 of Section 5 Part -A

20.1. APPLICABLE LAW AND JURSDICTION

(a) The supply order for Goods ‘or’ Services, including all matters connected with this
supply order shall be governed by the Indian law both substantive and procedural,
for the time being in force and shall be subject to the exclusive jurisdiction of Indian
Courts at the place from where the Purchase Order has been placed.
(b) Foreign companies, operating in India or entering into Joint Ventures in
India, shall have to obey the law of land and there shall be no compromise or excuse
for the ignorance of the Indian legal system in any way
21. Set Off:
Any sum of money due and payable to the SUPPLIER (including security deposit refundable
to him) under this or any other contract may be appropriated by the purchaser or the BSNL
or any other person or persons contracting through the BSNL and set off the same against
any claim of the Purchaser or BSNL or such other person or persons 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 or persons contracting through BSNL.
22. The SUPPLIER shall deposit bank guarantee of @10% of total AMC against AMC, valid for
period up to 6 months beyond the AMC period. The details of the PBG are as below:
S. PO no. BG no. BG amount Valid till
n
.

23. The quantity of OLT'S including housing all essential cards, shall be reviewed after each six-
monthly period for deletion /addition of OLT count under AMC. The reviewed OLT count shall
be taken for payment of AMC charges to vendor.
IN WITNESS WHEREOF: the parties hereto have caused this Agreement to be executed through
their respective authorized representatives on the day and year first above written.

Signed and delivered for and on behalf of BHARAT SANCHAR NIGAM LIMITED.

By____________

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Signed on behalf of M/s.___________________

By Shri _______________ holder of General Power of Attorney dated__________ executed in

accordance with the Resolution No. Nil dated _____________ passed by Board of Directors.
In the presence of:
Witness:

Appendix: “A” For Agreement

Details of Technical support / Service / Repair Centres

Sl. Location of Name of Area/ Postal Email Telephone Mobile FAX

No. Technical Contact Stations Address ID Numbers Phone Number
support / Person Served Minimum Number
Service / two
Repair
Center
1
2
3
4
5

Appendix: “B” For Agreement

BHARAT SANCHAR NIGAM LIMITED

FAULT- DOCKET

Name of Station: Operational Area /Sub-Region Docket Sl. No:

File No: Date:
From:-
Name:
(Of the officer in charge/duty officer of the station)
Designation:

To,
M/s. ----------------------------------------------------------------(the SUPPLIER)
Address:
(Of the Technical support / Centre)

1.1 Date ---------------------------- Time------------------- (of occurrence of fault)

1.2 Date. --------------------------- Time------------------- (of Reporting of Fault)

2. Fault reported to: Technical support Centre (Name of the person) on phone :

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3. Mode of Reporting: Phone, FAX, e-mail/
(Tick whichever is applicable) Pager

4. Description of fault & observation of the reporting officer:

5. Details of Services affected:

6. Date_____________ Time ____________ (of receiving the 1st assistance

over phone from Technical support Centre)

7. Details of Assistance received:

(Note: Add additional sheet if needed.)

8. Date_____________ Time ____________ (of receiving the 2nd assistance

over phone from Technical support Centre)

9. Details of assistance received:

(Note: Add additional sheet if needed.)

10. Was the fault restored by following the instructions given over phone?
A- YES B- NO (Tick whichever is applicable)
11. If Yes, record date & time of restoration & duration of fault:
Date____________ Time _________ (in hours & minutes)
Duration of Fault: ________ day’s _____ Hours _____minutes.
12. Was the fault restored?
A- Partially B- Fully (Tick whichever is applicable)
13. If the fault is not restored or restored only partially, give details of observation:

(Note: Add additional sheet if needed)

14. Note date & time of giving feedback vide Sl. No: 1.1 above to the Technical support Centre:
(only in the event of partial / non restoration of faults)

Date ________________ Time ____________. (In hours & minutes)

15. Date & Time of arrival of SUPPLIER’s Expert at site / station of fault:
Date ___________ Time ___________. (In hours & minutes)
16. Brief observation and works done by the SUPPLIER’s staff / expert:

(Detailed entry to be made by SUPPLIER’s staff in the station Log-Book)

17. Date & Time of complete restoration of the system:

Date ____________ Time ____________. (In hours & minutes)

18 Total Duration of Fault: _________ day’s _______ hrs

19. Remarks of Station in charge (if any):

20. Remarks of remote support(of SUPPLIER), ifany:

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Signature:
Name :
Designation:
(of BSNL staff / in charge of the station)

Note:
1. Each page of the Docket must be signed by designated officer of BSNL (including the
additional sheets, if attached)
2. A copy of the Fault- Docket must be sent to the Technical support Centre of the SUPPLIER,
immediately by FAX / Post after restoration of fault.
3. At the time of first reporting it may not be possible to pinpoint the fault. Hence more than
one box can be ticked against Sl.3.1. Similarly observation of the local impact of fault may
not be possible against Sl.5. The duty officer shall provide observation that is immediately
available.

Appendix: “C” For Agreement

PROFORMA FOR HISTORY SHEET (To be submitted by the bidder may be made online on
the Portal)

Sl.N Site/Ci Book Fault Data/Ti Data/Ti Duratio Severi SLA Penalt
o ty ed Dock me me of n of ty Compli y
Name By et of Fault Fault Fault (as Level ed Amou
No Restorati per AMC (Yes nt
on Agreem /No) (Rs) if
ent any
(Hrs))

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SECTION-6
UNDERTAKING & DECLARATION

Section 6 Part 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.

Date: …………… …………………………………

Signature of Tenderer

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

Along with date & Seal

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I/622375/2024 Section 6 Part 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."

OR
I have following near relatives working in the BSNL Unit, inviting the tender
S. Name Designation Cell / section of the BSNL Unit Mobile Number
No inviting tender, where working

Signature of the tenderer

With date and seal

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I/622375/2024 Section 6 Part C

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

Reference-1: BSNL T.E. No........................................issued on ...............

Reference-2: Department of Expenditure Office Memorandums (OMs) No. 7/10/2021-PPD (1)
dated 23rd February 2023.

I, _______________ in capacity of authorized signatory of M/s................................................having Regd.

office at............................................................................................................
being a participant bidder in BSNL Tender Enquiry cited at reference 1 above, hereby declare
that I have read and understood the clause regarding Restrictions under Rule 144(xi) of the
General Financial Rules (GFRs) 2017 on grounds of defence of India and National Security
issued vide OM cited at reference 2 above, on procurement from a bidder of a country which
shares a land border with India and on sub-contracting to contractors from such countries.

I, hereby, further certify that our Company is not from such a country which shares a land
border with India and in light of conditions & restrictions imposed vide cited OMs, we fulfil all
the requirements in this regard to become eligible to be considered in the subject Tender
Enquiry by BSNL.

(Name of the authorized signatory)

Signature

Designation in Company

Seal / Stamp of Company

Counter signed by Company Secretary of the Company with seal / stamp

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SECTION- 7
PROFORMAS

Section 7 Part A (i)

For the BIDSECURITY/ EMD Guarantee

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

Sub: Bid Security/EMD guarantee.

Whereas M/s …………………………… R/o ……………… …………
……………………………………… (Hereafter referred to as Bidder) has approached us for
giving Bank Guarantee of Rs. ……………………/- (hereafter known as the “B. G. Amount”)
valid up to …../……/ 20….. (hereafter known as the “Validity date”) in favour of DGM
(MMT) BSNL CO, Delhi (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

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vary any of the terms and conditions of the said Agreement or to extend time of
performance by the said bidder(s) from time to time or to postpone for any time or from
time to time any of the powers exercisable by the BSNL against the said bidder(s) and
to forbear or enforce any of the terms and conditions relating to the said agreement and
we shall not be relieved from our liability by reason of any such variation, or extension
being granted to the said Bidder(s) or for any forbearance, act or omission on the part
of the BSNL or any indulgence by the BSNL to the said bidder(s) or by any such matter
or thing whatsoever which under the law relating to sureties would, but for this
provision, have effect of so relieving us.
6. Notwithstanding anything herein contained ;
(a) The liability of the Bank under this guarantee is restricted to the “B. G. Amount” and it
will remain in force up to its Validity date specified above.
(b) The guarantee shall stand completely discharged and all rights of the BSNL under this
Guarantee shall be extinguished if no claim or demand is made on us in writing on or
before its validity date.
7. In case BSNL demands for any money under this bank guarantee, the same shall be paid
through banker’s Cheque in favour of “AO (Cash) BSNL CO” payable at New Delhi.
8. The Bank guarantees that the below mentioned officer who have signed it on behalf of
the Bank have authority to give this guarantee under its delegated power.
9. E-payment may be preferred. Accordingly, in case of E-payment to be made for BG
encashed, Bank shall transfer the amount to Bank account as intimated by BSNL to Bank
at that time
10. The encashment/renewal of the guarantee will not be denied on grounds of change in
the constitution of the Bank or the Contractor(s)/ supplier(s) / Purchaser
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 ………………………………

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Section 7 Part A (ii)

FORMAT FOR BID SECURITY IN FORM OF INSURANCE SURETY BOND

(To be submitted on non-judicial stamp paper of appropriate value)

Insurance Surety Bond for Bid Security

Whereas M/s …………………………… R/o ……………… ………… ………………………………………

(Hereafter referred to as Principal) has approached us for giving a Suretyof Rs. ……………………/-
(hereafter known as the “Surety Amount”) valid up to …../……/ 20….. (hereafter known as the
“Validity date”) in favour of …………….(e.g. DGM (MMT) BSNL CO, Delhi )(Hereafter referred to as
BSNL) for participation in the tender of work of…………………………………………….. vide tender no.
………………………………….
Now at the request of the Principal, We ...................... Insurance Company
Limited,registered under the Insurance Act, 1938, with its Corporate office,
…………………………………………….and Registered/Head Office
…………………………………………………………………………………… (the “Surety”) to transact
the business of Surety Insurance under the powers conferred under Section 14 (2) (i) of IRDA
Act, 1999 & IRDA Guidelines issuedvide IRDAI/NL/GDL/SIC/01/01/2022 3rd January, 2022,
agreed to give this Surety Bond by way of performance guarantee as hereinafter contained:

2. We, the Surety, do hereby undertake to pay the amounts due and payable under this Surety
without any demur, merely on a demand from the BSNL stating that the amount claimed is due
by way of loss or damage caused to or would be caused to or suffered by the BSNL by reason
of breach by the said Principal of any of terms or conditions contained in the said tender
Agreement or by reason of the Principal’s failure to honour its bid submitted to perform the said
works. Any such demand made on the Surety shall be conclusive as regards the amount due
and payable by the Surety under this Surety where the decision of the BSNL in these counts
shall be final and binding on the Surety. However, our liability under this Surety shall be restricted
to an amount not exceeding the “Surety Amount”.

3. We, the Surety, undertake to pay to the BSNL any money so demanded notwithstanding any
dispute or disputes raised by the Principal in any suit or proceeding before any court or tribunal
relating thereto our liability under this present being absolute and unequivocal. The Payment so
made by us under this bond shall be valid discharge of our liability for payment there under and
the Principal shall have no claim against us for making such payment.

4. We the Surety, further agree that the Surety herein contained shall remain in full force and effect
during the period that would be taken for the performance of the said tender agreement and that
it shall continue to be enforceable till all the dues of the BSNL under or by virtue of the said tender
Agreement have been fully paid and its claims satisfied or discharged or till BSNL Certifies that
the terms and conditions of the said tender Agreement have been fully and properly carried out
by the said Principal and accordingly discharge this Surety. Unless a demand or claim under
this Surety is made on us in writing or before the expiry of Validity date from the date hereof, we
shall be discharged from all liability under this Surety thereafter.

5. We the Surety further agree with the BSNL that the BSNL shall have the fullest liberty, without
our consent and without affecting in any manner our obligations hereunder, to vary any of the
terms and conditions of the said tender Agreement or to extend time of performance by the said
Principal from time to time or to postpone for any time or from time to time, any of the powers
exercisable by the BSNL against the said Principal and to forbear or enforce any of the terms
and conditions relating to the said tender agreement and we shall not be relieved from our liability
by reason of any such variation, or extension being granted to the said Principal or for any
forbearance, act or omission on the part of the BSNL or any indulgence by the BSNL to the said

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I/622375/2024 Principal or by any such matter or thing whatsoever which under the law relating to sureties
would, but for this provision, have effect of so relieving us.

6. Notwithstanding anything herein contained:

(a) The liability of the Surety under this Surety bond is restricted to the “Surety Amount” and
it will remain in force up to its Validity date specified above.
(b) The Surety shall stand completely discharged and all rights of the BSNL under this Surety
shall be extinguished if no claim or demand is made on us in writing on or before its validity
date.

7. In case BSNL demands for any money under this Surety Bond, the same shall be paid through
Banker’s Cheque in favour of “AO (Cash) BSNL C.O. New Delhi” payable at New Delhi or by
any other mode such as NEFT/RTGS, etc., as indicated by BSNL in its demand letter.

8. The Surety declares that the below mentioned officer who have signed it on behalf of the Surety,
have authority to give this Surety under its delegated power.

Place: ……………………………

Date: …………………………..(Signature of the Insurance Company Officer)

Rubber stamp of the Insurance Company

Authorized Power of Attorney Number: …………………………..

Name of the officer: …………………
Designation: ……………………………………
Official Email ID:…………………………………………

Complete Postal address of Insurance Company:

……………………………………………………………..
Telephone Numbers ……………………………..
Fax numbers ………………………………

Name, Address, Contact number and official Email ID of the Controlling Office of the Surety Issuing
Branch or any web portal link, from whom / where the Surety Bond can be got confirmed by BSNL.
…………………………………..
………………………………….
………………………………….
………………………………….

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Section 7 Part B (i)

For the Performance Guarantee

(To be typed on Rs.100/- non-judicial stamp paper)
Dated:……………..
Sub: Performance guarantee.
Whereas DGM (MM) BSNL CO, Delhi R/o …………………………..…………
…………………..(hereafter referred to as BSNL) has issued an APO no.
…………..………. Dated ……/……/20….. awarding the work of …………… …… …
………………………………….. to M/s …………………..…………………………… R/o
………………………………………………………………… (hereafter referred to as
“Bidder”) and BSNL has asked him to submit a performance guarantee in favour of
DGM(MMT) BSNL CO, Delhi of Rs. …………..……/- (hereafter referred to as “P.G. Amount”)
valid up to ……/……/20………(hereafter referred to as “Validity Date”)
Now at the request of the Bidder, We ……………………………………… Bank
…………………………Branch having ……………………..…………………… ……….
.……………………………………. (Address) and Regd. office address as ………
………...……………………………………………………………………… ……… ………
…………… (Hereinafter called ‘the Bank”) agreed to give this guarantee as hereinafter
contained:
2. We, “the Bank” do hereby undertake and assure to the BSNL that if in the opinion of the
BSNL, the Bidder has in any way failed to observe or perform the terms and conditions
of the said agreement or has committed any breach of its obligations there-under, the
Bank shall on demand and without any objection or demur pay to the BSNL the said sum
limited to P.G. Amount or such lesser amount as BSNL may demand without requiring
BSNL to have recourse to any legal remedy that may be available to it to compel the
Bank to pay the same.
3. Any such demand from the BSNL shall be conclusive as regards the liability of Bidder to
pay to BSNL or as regards the amount payable by the Bank under this guarantee. The
Bank shall not be entitled to withhold payment on the ground that the Bidder had
disputed its liability to pay or has disputed the quantum of the amount or that any
arbitration proceeding or legal proceeding is pending between Bidder and BSNL
regarding the claim.
4. We, the Bank further agree that the guarantee shall come into force from the date of its
issue and shall remain in full force and effect up to its Validity date.
5. The Bank further agrees that the BSNL shall have the fullest liberty without the consent
of the Bank and without affecting in any way the obligations hereunder to vary any of
the terms and conditions of the said agreement or to extend the time for performance
of the said agreement from any of the powers exercisable by BSNL against the Bidder
and to forebear to enforce any of the terms and conditions relating to the said
agreement and the Bank shall not be relieved from its liability by reason of such failure
or extension being granted to Bidder or through any forbearance, act or omission on the
part of BSNL or any indulgence
by BSNL to Bidder or any other matter or thing whatsoever which under the law
relating to sureties would but for this provision have the effect of relieving or
discharging the guarantor.
6. Notwithstanding anything herein contained ;

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(a) The liability of the Bank under this guarantee is restricted to the P.G. Amount and it will
remain in force up to its Validity date.
(b) The guarantee shall stand completely discharged and all rights of the BSNL under this
Guarantee shall be extinguished if no claim or demand is made on us in writing on or
before its validity date.

7. In case BSNL demands for any money under this bank guarantee, the same shall be paid
through banker’s Cheque in favour of “AO (Cash) BSNL CO” payable at New Delhi.
8. The Bank guarantees that the below mentioned officer who have signed it on behalf of
the Bank have authority to give this guarantee under its delegated power.
9. E-payment may be preferred. Accordingly, in case of E-payment to be made for BG
encashed, Bank shall transfer the amount to Bank account as intimated by BSNL to Bank
at that time
10. The encashment/renewal of the guarantee will not be denied on grounds of change in
the constitution of the Bank or the Contractor(s)/ supplier(s) / Purchaser.

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 ………………………………

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Section 7 Part B (ii)

Performance Guarantee Surety Bond

(To be submitted on non-judicial stamp paper of appropriate value)

To , Surety Bond No : ………………

DGM (MMP) BSNL CO, Surety Bond Issue dt : ………………
Delhi R/o Bharat Sanchar Bhawan, Surety Bond Amt. :INR………….
Harish Chandra Mathura Lane, Bond Valid upto : ………………….
Janpath, New Delhi-110001 Bond Claim Period :……………..

Dear Sir / Madam,

Whereas ……………………….( e.g. AGM (MM) BSNL CO, Delhi R/o MM cell, Bharat Sanchar
Bhawan, Harish Chandra Mathura Lane, Janpath, New Delhi-110001)(hereafter referred to as BSNL)
has issued an APO/AWO no. …………………………………..Dated………………………awarding the
work of
……………………………………………………………………………………………………………………
………………… (the “Agreement”)to M/s………………………….,
R/o………………………………………………………. (hereafter referred to as “Principal”) and BSNL
has asked Principal to submit a performance guarantee in favour of ……………………… (e.g. DGM
(MMP) BSNL CO, Delhi) of INR ………………………… (hereafter referred to as “Bond Amount”) valid
up to dd.mm.yyyy(hereafter referred to as “Validity Date”)

Now at the request of the Principal, We...................... Insurance Company Limited,registered under
the Insurance Act, 1938, withits Corporate office,…………………………………………….and
Registered/Head Office …………………………………………………………………………………… (the
“Surety”)to transact the business of Surety Insurance under the powers conferred under Section
14 (2) (i) of IRDA Act, 1999 & IRDA Guidelines issuedvide IRDAI/NL/GDL/SIC/01/01/2022 3rd
January, 2022, agreed to give this Surety Bond by way of performance guarantee as hereinafter
contained:

2. The Surety do hereby undertake and assure to the BSNL that, if in opinion of BSNL the Principal in
any way fails to observe or perform the terms and conditions of the Agreement or commits any breach
of its obligations there-under, the Surety shall on demand and without any objection or demur pay to
the BSNL such sum or sums up to an aggregate sum of the Bond Amount or such lesser amount as
BSNL may demand without requiring BSNL to have recourse to any legal remedy that may be available
to it to compel the Surety to pay the same.

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

4. The liability of the Surety under this Surety Bond is restricted to the Bond Amount and this Surety
Bond shall come into force from the date of its issue and shall remain in full force and effect up to its
Validity date.

5. The Surety further agrees that the BSNL shall have the fullest liberty without the consent of the
Surety and without affecting in any way the liability of the Surety under this Surety Bond to vary any of
the terms and conditions of the Agreement or to extend the time for the performance contained in the
Agreement from any of the powers exercisable by BSNL against the Principal and to forebear from
enforcing any of the terms and conditions relating to the Agreement and the Surety shall not be
relieved from its liability by reason of such failure or extension being granted to Principal or through
any forbearance, act or omission on the part of BSNL or any indulgence by BSNL to Principal or any
other matter or thing whatsoever which under the law relating to sureties would but for this provision
have the effect of relieving or discharging the Surety.

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6. In case BSNL demands for any money under this Surety Bond, the same shall be paid through
banker’s Cheque in favour of “AO (Cash) BSNL CO” payable at New Delhi or by any other mode such
as NEFT/RTGS, etc., as indicated by BSNL in its demand letter.

7. The Surety guarantees that the below mentioned officers who have signed it on behalf of the Surety
have authority to give this Surety Bond under its delegated power.

Notwithstanding anything contained herein above:

1. Our Liability under this Surety Bond shall not exceed
INR ……………..(Rupees: ………………………………………………………. Only).

2. This Surety Bond shall be valid upto…………………(Validity date)

3. Further a claim period of 3( three)months from the Validity date of the Surety Bond is available to
make a demand under this Surety Bond. We are liable to pay the Bond Amount or any part thereof
under this Surety Bond only and only if you serve upon us a written claim or demand on or
before ……………….. (Date of claim period if any).

4. At the end of expiry of the Validity Date (including claim period), unless an action to enforce the claim
under this Surety Bond is initiated before the Court or Tribunal on or before 12 months after the expiry of
the Validity Date (including claim period), all your rights under this Surety Bond shall stand extinguished
and we shall be relieved and discharged from all our liabilities and obligations under this Surety Bond
irrespective of return of original Surety Bond

Place: ……………………………

Date: ………………………….. (Signature of the Surety)

Rubber stamp of the Surety

Authorized Power of Attorney Number: ……………….

Name of the Surety officer: ……………………………..

Designation: ……………………………………

Complete Postal address of Surety: ……………………

………………………………………………………………

Telephone Numbers ……………………………..

Fax numbers ………………………………

Email ID (only official Email ID) ……………………………..

Name, Address, Contact number and official Email ID of the Controlling Office of the Surety Issuing
Branch or any web portal link, from whom/ where the Surety Bond can be got confirmed by BSNL.
…………………………………..
………………………………….
………………………………….
………………………………….

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Section 7 Part 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.

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SECTION 7 Part D

INTEGRITY PACT FORMAT

(To be signed & submitted on plain paper)
INTEGRITY PACT

Between

Bharat Sanchar Nigam Limited (BSNL) / hereinafter referred to as “The Principal”

and

………………………………..hereinafter referred to as “The Bidder/Contractor”

Preamble
The Principal intends to award, under laid down organizational procedures, contract/s for -----
--------------------------------------. The Principal values full compliance with all relevant laws, rules
and regulations, and economic use of resources, and of fairness and transparency in its relations
with its Bidder/s and Contractor/s.

In order to achieve these goals, the Principal will appoint an Independent External Monitors
(IEMs) who will monitor the tender process and the execution of the contract for compliance
with the principles mentioned above.

Section 1 – Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the
following principles:-

(a) No employee of the Principal, personally or through family members, will in connection with
the tender for, or the execution of a contract, demand, take a promise for or accept, for self or
third person, any material or immaterial benefit which he/she is not legally entitled to.

(b) The Principal will, during the tender process treat all Bidder(s) with equity and reason. The
Principal will in particular, before and during the tender process, provide to all Bidder(s) the
same information and will not provide to any Bidder(s) confidential/additional information
through which the Bidder(s) could obtain an advantage in relation to the tender process or the
contract execution.

(c) The Principal will exclude from the process all known prejudiced persons.

(2) If the Principal obtains information on the conduct of any of its employees which is a criminal
offence under the relevant Anti-Corruption Laws of India, or if there be a substantive suspicion
in this regard, the Principal will inform its Vigilance Office and in addition can initiate
disciplinary actions.

Section 2 – Commitments of the Bidder(s)/Contractor(s)

(1) The Bidder(s)/Contractor(s) commits themselves to take all measures necessary to prevent
corruption. The bidder(s)/Contractor(s) commit themselves to observe the following
principles during his participation in the tender process and during the contract execution.

(a) The Bidder(s)/Contractor(s) will not, directly or through any other person or firm, offer,
promise or give to any of the Principal’s employees involved in the tender process or the
execution of the contract or to any third person any material or immaterial benefit which
he/she is not legally entitled to, in order to obtain in exchange any advantage of any kind
whatsoever during the tender process or during the execution of the contract.

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(b) The Bidder(s)/Contractor(s) will not enter with other Bidder(s) into any undisclosed
agreement or understanding, whether formal or informal. This applies in particular to prices,
specifications, certifications, subsidiary contracts, submission or non-submission of bids or any
other actions to restrict competitiveness or to introduce cartelisation in the bidding process.

(c) The Bidder(s)/Contractor(s) will not commit any offence under the relevant Anticorruption
Laws of India; further the Bidder(s)/Contractor(s) will not use improperly, for purposes of
competition or personal gain, or pass on to others, any information or document provided by
the Principal as part of the business relationship, regarding plans, technical proposals and
business details, including information contained or transmitted electronically and commit any
offence under Indian Penal Code (IPC)/Prevention of Corruption (PC) Act.

(d) The bidder(s)/Contractor(s) of foreign origin shall disclose the name and address of the
agents/representatives in India, if any. Similarly the Bidder(s)/Contractor(s) of Indian
nationality shall furnish the name and address of the foreign principals, if any.

(e) The Bidder(s)/Contractor(s) will, when presenting their bid, disclose any and all payments
made, is committed to or intends to make to agents, brokers or any other in connection with the
award of the contract.

(f) Bidder(s)/Contractor(s) who have signed the Integrity Pact shall not approach the courts while
representing the matter to Independent External Monitors (IEMs) and shall wait for their
decision in the matter.

(g) To disclose and transgression with any other company that may impeach on the anti-corruption
principle.

(2) The Bidder(s)/Contractor(s) will not instigate third persons to commit offences outlined above or
be an accessory to such offences.

Section 3 – Disqualification from tender process and exclusion from future contracts
If the Bidder(s)/Contractor(s), before contract award or during execution has committed a
transgression through a violation of Section 2, above or in any other form such as to put his
reliability or credibility in question, the Principal is entitled to disqualify the
Bidder(s)/Contractor(s) from the tender process or take action as per the defined procedure in
BSNL Procurement Manual, which is enforced on the date of publication of tender.

Section 4 – Compensation for Damages

(1) If the Principal has disqualified the Bidder(s) from the tender process prior to the award
according to Section 3, the Principal is entitled to demand and recover the damages equivalent
to Earnest Money Deposit / Bid Security.

(2) If the Principal has terminated the contract according to Section 3, or if the Principal is
entitled to terminate the contract according to section 3, the Principal shall be entitled to
demand and recover from the Contractor the amount equivalent to Liquidated Damages (LD)
of the contract value or the amount equivalent to Security Deposit / Performance Bank
Guarantee in addition to any other penalties/ recoveries as per terms and conditions of the
tender.

Section 5 – Previous transgression

(1) The Bidder declares that no previous transgression occurred in the last 3 years with any other
Company in any country conforming to the Anti-corruption approach or with any other Public
Sector Enterprise in India that could justify his exclusion from the tender process.

(2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the tender
process or action can be taken as per the defined procedure.

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Section 6 – Equal treatment of all Bidders/Contractors/Subcontractors
(1) The principal will enter into agreements with identical conditions as this one with all
Bidders/Contractors.

(2) The Bidder(s)/Contractor(s) undertake(s) to demand from all subcontractors, a commitment in

conformity with this Integrity Pact.

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate
its provisions.

Section 7 – Criminal charges against violating bidder(s)/ Contractor(s)/

Subcontractor(s)
If the Principal obtains knowledge of conduct of a Bidder, Contractor or Subcontractor, or of an
employee or a representative or an associate of a Bidder, Contractor or Subcontractor, which
constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal
will inform the same to Chief Vigilance Officer.

Section 8 – External Independent Monitor/Monitors

(1) Principal appoints competent and credible Independent External Monitor for this Pact. The task
of the Monitor is to review independently and objectively, whether and to what extent the
parties comply with the obligations under this agreement.

(2) The Monitor is not subject to instructions by the representatives of the parties and performs
his/her functions neutrally and independently. The Monitor would have access in all contract
documents, whenever required. It will be obligatory for him/her to treat the information and
documents of the bidders/contractors as confidential. He/she reports to the CMD BSNL.

(3) The Bidder(s)/Contractor(s) accepts that the Monitor has the right to access without restriction
to all Project documentation of the Principal including that provided by the Contractor. The
Contractor will also grant the Monitor, upon his request and demonstration of a valid interest,
unrestricted and unconditional access to his project documentation. The same is applicable to
Subcontractors. The Monitor is under contractual obligation to treat the information and
documents of the Bidder(s)/Contractor(s)/Subcontractor(s) with confidentiality.

Notwithstanding anything contained in this Section, the Bidder(s)/Contractor(s) shall have no

obligation whatsoever to provide any internal costing mechanisms or any internal financial or
commercial data pursuant to any audit or review conducted by or on behalf of the Principal.
Further, the Bidder(s)/Contractor(s) shall not be required to provide any data relating to its
other customers, or any personnel or employee related date.

(4) The Monitor is under contractual obligation to treat the information and documents of the
bidder(s)/contractor(s)/Sub-Contractor(s) with confidentiality. The Monitor has also signed
declarations on “Non-Disclosure of Confidential Information” and of “Absence of Conflict of
Interest”. In case of any conflict of interest arising at a later date, the Independent External
Monitor (IEM) shall inform the CMD BSNL and rescue himself/herself from the case.

(5) The Principal will provide to the Monitor sufficient information about all meetings among the
parties related to the Project provided such meetings could have an impact on the contractual
relations between the Principal and the Contractor. The parties offer to the Monitor the option
to participate in such meetings.

(6) As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will so
inform the Management of the Principal and request the Management to discontinue or take
corrective action, or to take other relevant action. The monitor can in this regard submit non-

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I/622375/2024 binding recommendations. Beyond this, the Monitor has no right to demand from the parties
that they act in a specific manner, refrain from action or tolerate action.

(7) The Monitor will submit a written report to the Chairperson of the Board of the Principal within
4 to 6 weeks from the date of reference or intimation to him by the ‘Principal’ and, should the
occasion arise, submit proposals for correcting problematic situations.

(8) If the Monitor has reported to the CMD of the BSNL, a substantiated suspicion of an offence
under relevant Anti-Corruption Laws of India, and the BSNL has
not, within reasonable time, taken visible action to proceed against such offence or reported it
to the Corporate Vigilance Office, the Monitor may also transmit this information directly to the
Central Vigilance Commissioner, Government of India.

(9) The word ‘Monitor’ would include both singular and plural.

Section 9 – Pact Duration

This Pact begins when both parties have legally signed it. It expires for the
Contractor 12 months after the last payment under the contract, and for all other Bidders 6
months after the contract has been awarded. Any violation of the same would entail
disqualification of the bidder(s) and exclusion from future business dealings.

If any claim is made/ lodged during this time, the same shall be binding and continue to be valid
despite the lapse of this pact as specified above, unless it is discharged / determined by CMD,
BSNL.

Section 10 – Other provisions

(1) This agreement is subject to Indian Law. Place of performance and jurisdiction is the Registered
Office of the Principal, i.e. New Delhi. The arbitration clause provided in the tender document /
contract shall not be applicable for any issue /dispute arising under Integrity Pact.

(2) Changes and supplements as well as termination notices need to be made in writing. Side
agreements have not been made.

(3) If the Contractor is a partnership or a consortium, this agreement must be, signed by all partners
or consortium members.

(4) Should one or several provisions of this agreement turn out to be invalid, the remainder of this
agreement remains valid. In this case, the parties will strive to come to an agreement to their
original intensions.

(5) Issues like Warranty/Guarantee shall be outside the purview of IEMs

-------------------------------- ----------------------------------
For the Principal For the Bidder/Contractor

Place…………………… Witness 1 : ………………………………

Date …………………… Witness 2 : ………………………………

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Section 7 Part E

AUTHORIZATION CERTIFICATE FROM OEM

Details of Manufacturer Authorization Form (MAF)

The Bidder should submit valid letter (MAF) with undertaking from the OEM of the vendors whose
product is being quoted by the bidder, as per format given below:

Manufacturer Authorization Form

To
………………………..,
……………………….,
……………………………
Subject: Manufacturer Authorizations Letter for NIT No. ………………………………….

Sir,
We, <OEM Name> having our registered office at <OEM address>, hereinafter referred to as OEM are
an established manufacturer of the following items quoted by <Bidder Name> having their registered
office at <Bidder address>, hereinafter referred to as Bidder:

We <OEM Name> authorize <Bidder’s name> to quote our product for above mentioned tender as our
Authorized Indian Agent.

We confirm that we have understood the delivery & installation timelines defined in the tender. We
confirm that we have worked out all necessary logistics and pricing agreement with < Bidder’s name>,
and there won’t be any delay in delivery, installation and support due to any delay from our side. Our
full support as per pre-purchased support contract is extended in all respects for supply, warranty and
maintenance of our products. We also ensure to provide the required spares and service support for the
supplied equipment for a period of 07 years (post warranty) as per tender terms. In case of any
difficulties in logging complaint at bidder end, user shall have option to log complaint at our call support
centre.
We also undertake that in case of default in execution of this Contract by the vendor, we shall provide
necessary support in identifying another authorized partner with similar certifications/capabilities and
extend support to the new partner in accordance with OEM’s agreement with the new partner. In case
the vendor is unable to fulfil the obligations given under this Contract, OEM shall be responsible to
replace the PIA with an alternate Indian Authorized agent to facilitate to get the requisite work done.
In case of the vendor exit from the Project for any reason, including but not limited to default,
insolvency, termination of Agreement, or other circumstances resulting in the inability of the vendor to
fulfill its obligations under the Agreement, OEM shall be obligated to continue providing the services
to Authority in accordance with the terms and conditions outlined in the agreement between OEM and
the bidder including commercials.
OEM shall also ensure that the alternate Indian Authorized Agent in this case shall abide by all the terms
& conditions laid down under the Contract and during the Award of Work to the vendor for the quoted
OEM products.

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If any product is declared end of sale, we shall proactively ensure that a suitable equivalent or higher
roll over product is offered through the existing vendor to BSNL for due approval, contract and order
executions thereafter.

We understand that any false information/ commitment provided here may result in <OEM’s Name>
getting blacklisted/debarred from doing business with BSNL.

We <OEM Name>, hereby provide this undertaking with regard to the submission of the Agreement
executed between <Name of the bidder> and <OEM Company Name> during the submission of our
Bid for <Project Name>

Thanking You

For <OEM/ Manufacturer name>

< (Authorized Signatory)>

Name:
Designation:
Contact Details:
Seal of the Company

NOTE:
1. The letter should be submitted on the letter head of the manufacturer / OEM and should be signed by
the authorized signatory.
2. Any deviation would lead to summarily rejection of bids.

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Section 7 Part F

Non-Disclosure Agreement (NDA)

(To be signed on 100 Rs. Stamp Paper)

This Agreement is made as of the ………………….2022 between BHARAT SANCHAR NIGAM LIMITED
(BSNL) a Government of India Enterprise, having its registered office and Corporate office at Bharat
Sanchar Bhawan, Harish Chandra Mathur Lane Janpath, New Delhi-
110001hereinafter called BSNL which expression shall unless repugnant to the subject or the context n
mean and included its successors, nominees or assigns and M/s ……………… …………… … ……
………………………………..………………………………………….. a Company incorporated under the Indian
Companies Act, 1956, and having its registered office at .………………………………
……………………………………………………………………………………………
herein after called “………………………………………………” which expression shall unless repugnant to the
subject or the context mean and include its successors, nominees or assigns.

Whereas in order to pursue the mutual business purpose of this project of this particular project as
specified in Exhibit A(the “Business Purpose”),
BSNL and M/s………………………… ………………………………… recognize that there is a need to disclose to one
another certain information, as defined in para I below, of each party to be used only for the Business
Purpose and to protect such confidential information from unauthorized use and disclosure.

In consideration of the other party’s disclosure of such information, each party agrees as follows:

1. This Agreement will apply to all confidential and proprietary information disclosed by one party to the
other party, including information listed in Exhibit A attached hereto and other information which the
disclosing party identifies in writing or otherwise as confidential before or within thirty days after
disclosure to the receiving party (“Confidential Information”). Information consists of all type of data
related to BSNL mobile customers/services obtained by CCF either through Back End system or directly
received from BSNL, certain specifications and/or technical information, and all copies and derivatives
containing such Information, that may be disclosed to one another for an during the purpose, which a
party considers proprietary or confidential (“Information”). Information may be in any form or medium,
tangible or intangible, and may be communicated/disclosed in writing, orally, or through visual
observation or by any other means to one party (hereinafter referred to as the receiving party) by the
other party (hereinafter referred to as one disclosing party). Information shall subject to this Agreement,
if it is in tangible form, only if clearly marked as proprietary or confidential as the case may be, when
disclosed to the receiving party or, if not in tangible form, its proprietary nature must first be announced
and it must be reduced to writing and furnished to the receiving party within thirty (30) days of the initial
disclosure.

2. M/s ………………………………………………………………… and BSNL hereby agreed at during the Confidentiality

period:
a) The receiving party shall use Information only for the Purpose, shall hold information in confidence using
the same degree of care as it normally exercises to protect its own proprietary information, but not less
than reasonable care, taking into account the nature of the Information, and shall grant access to
Information only to its employees who have a need to know, but only to the extent necessary to carry out
the business purpose of this project as defined in exhibit A, shall cause its employees to comply with the
provisions of this Agreement applicable to the receiving party, shall reproduce information only to the
extent essential to fulfilling the purpose, and shall prevent disclosure of information to third parties. The
receiving party may, however, disclose the information to its consultants and contractors with a need to
know; provided that by doing so, the receiving party agrees to bind those consultants and contractors to

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terms at least as restrictive as those stated herein, advise them of their obligations and indemnify the
disclosing party for any breach of those obligations.

b) Upon the disclosing party’s request, the receiving party shall either return to the disclosing party all
information or shall certify to the disclosing party that all media containing information have been
destroyed. Provided, however, that an archival copy of the information may be retained in the files of the
receiving party’s counsel, solely for the purpose of proving the contents of the information.

3. The foregoing restrictions on each party’s use or disclosure of information shall not apply to information
that the receiving party can demonstrate:
a) was independently developed by or for the receiving party without reference to the information, or was
received without restrictions; or
b) has become generally available to the public without breach of confidentiality obligations of the receiving
party; or
c) was in the receiving party’s possession without restriction or was known by the receiving party without
restriction at the time of disclosure; or
d) is the subject of a subpoena or other legal or administrative demand for disclosure; provided, however,
that the receiving party has given the disclosing party prompt notice of such demand for disclosure and
the receiving party reasonable cooperates with the disclosing party’s efforts to secure an appropriate
protective order; or
e) is disclosed with the prior consent of the disclosing party; or
f) was in its possession or known to it by being in its use or being recorded in its files or computers or other
recording media prior to receipt from the disclosing party and was not previously acquired by the
receiving party from the disclosing party under an obligation of confidence; or
g) the receiving party obtains or has available from a source other than the disclosing party without breach
by the receiving party or such source of any obligation of confidentiality or non-use towards the disclosing
party.
h) Each party agrees not to remove any of the other party’s Confidential Information from the premises of
the disclosing party without the disclosing party’s prior written approval. Each party agrees to exercise
extreme care in protecting the confidentiality of any Confidential Information which is removed, only with
the disclosing party’s prior written approval, from the disclosing party’s premises. Each party agrees to
comply with any and all terms & conditions the disclosing party may impose upon any such approved
removal, such as conditions that the removed Confidential Information and all copies must be returned
by a certain date, and that no copies are to be made off of the premises.

4. Upon the disclosing party’s request, the receiving party will promptly return to the disclosing party all
tangible items containing or consisting of the disclosing party’s Confidential Information all copies
thereof.

5. Each party recognizes and agrees that all of the disclosing party’s Confidential Information is owned solely
by the disclosing party (or its licensors) and that the unauthorized disclosure or use of such Confidential
Information would cause irreparable harm and significant injury, the degree of which may be difficult to
ascertain. Accordingly, each party agrees that the disclosing party will have the right to obtain an
immediate injunction enjoining any breach of this Agreement, as well as the right to pursue any and all
other rights and remedies available at law or in equity for such a breach.

6. Access to Information hereunder shall not preclude an individual who has seen such information for the
purposes of this Agreement from working on future projects for the receiving party which relate to similar
subject matters, provided that such individual does not make reference to the information and does not
copy the substance of the information during the Confidentiality Period. Furthermore, nothing contained
herein shall be construed as imposing any restriction on the receiving party’s disclosure or use of any

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general learning, skills or know-how developed by the receiving party’s personnel under this Agreement,
if such disclosure and use would be regarded by a person of ordinary skill in the relevant area as not
constituting a disclosure or use of the information.

7. As between the parties, all information shall remain the property of the disclosing party. By disclosing
information or executing this Agreement, the disclosing party does not grant any license, explicitly or
implicitly, under any trademark, patent, copy right, mask work protection right, trade secret or any other
intellectual property right. THE DISCLOSING PARTY
DISCLAIMS ALL WARRANTIES REGARDING THE INFORMATION, INCLUDING ALL WARRANTIES WITH
RESPECT TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS AND ALL WARRANTIES AS TO THE
ACCURACY OR UTILITY OF SUCH INFORMATION. Execution of this Agreement and the disclosure of
Information pursuant to this Agreement does not constitute or imply any commitment, promise, or
inducement by either party to make any purchase or sale, or to enter into any additional agreement of
any kind.

8. Either party’s failure to enforce any provision, right or remedy under this agreement shall not constitute
a waiver of such provision, right or remedy.

9. This Agreement will be construed in, interpreted and applied in accordance with the laws of India.
10. All the disputes, differences, controversies / differences of opinions, breaches and violation arising from
or related to the agreement arises out of this Agreement between parties then same shall be resolved by
mutual discussions / reconciliations in good faith.
11. If the dispute, difference, controversies / differences of opinions, breaches and violation arising from or
related to the agreement cannot be resolved within 60 (sixty) days of commencement of
reconciliations/discussions, then the same will be referred to two arbitrators, one to be appointed by each
party, with an umpire to be appointed by the two said arbitrators and the arbitration will be governed by
the Arbitration and Conciliation Act, 1996 of India or any statutory modification or re-enactment thereof
or any rules made thereof. The arbitration proceedings shall be in English language. The venue of
arbitration shall be New Delhi, India.”
12. This Agreement will be construed in interpreted and applied and governed in accordance with the laws
of India. That in case of any dispute under this agreement the courts at Bangalore, Hyderabad & Chennai
for respective call centres alone will have the exclusive jurisdiction.
13. This Agreement and Exhibit A attached hereto constitutes the entire agreement of the parties with respect
to the parties respective obligations in connection with Information disclosed hereunder and supersedes
all prior oral and written agreements and discussions with respect thereto. The parties can amend or
modify this Agreement only by a writing duly executed by their respective authorized representatives.
Neither party shall assign this Agreement without first securing the other party’s written consent.
14. This Agreement will remain in effect for three years from the date of the last disclosure of Confidential
Information, at which time it will terminate, unless extended by the disclosing party in writing.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized officers
or Representatives.

M/s ……………………………………… BHARAT SANCHAR NIGAM LIMITED

Signature ……………………………… Signature ……………………………………
Printed Name …………………… Printed Name …………………………………
Title ……………………………………… Title ……………………… ………

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I/622375/2024 Exhibit-A

Business Purpose – SUPPLY, INSTALLATION, COMMISSIONING AND MAINTENANCE OF

GPON OLTs through the e-Tendering Process.

M/s ……………………………………… BHARAT SANCHAR NIGAM LIMITED

Signature ……………………………… Signature ……………………………………
Printed Name …………………… Printed Name
…………………………………
Title ……………………………………… Title ……………………… ………

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Section 7 Part G

Self-declaration regarding Local Content (LC) for Telecom Product

FORM-1
Format for Self-declaration regarding Local Content (LC) for Telecom Product, Services or Works

Date:

I, ............................................................. S/o, D/o, w/o

..............................................., Resident of
.................................................................................... do hereby solemnly affirm and declare as under.

That I agree to abide by the terms and conditions of Department of

Telecommunications, Government of India issued vide Notification
No. ......................................... dated...................
That the information furnished hereinafter is correct to best of my knowledge and belief and I
undertake to produce relevant records before the procuring entity or any other authority so
nominated by the department of Telecommunications, Government of India for the purpose of
assessing the LC.

Make of GPON OLT……………………………

Percentage of LC claimed: ………………..%

That the LC for all inputs which constitute the said Telecom Product/Services/Works has been
verified by me and I am responsible for correctness of the claims made therein.

That in the event of the LC of the Telecom Product/Services/Works mentioned herein is found to
be incorrect and not meeting the prescribed LC norms, based on the assessment of an authority
so nominated by the Department of Telecommunications, Government of India and I will be liable
as under clause 9 (f) of Public Procurement (Preference to Make in India) Order 2017.

I agree to maintain all information regarding my claim for LC in the Company’s record for a period
of 2 years and shall make this available for verification to any statutory authorities.

i. Name and details of the Local supplier (Registered Office, Manufacturing unit location,
nature of legal entity)
ii. Date on which this certificate is issued.
iii. Telecom Product/Services/Works for which the certificate is produced.
iv. Procuring agency to whom the certificate is furnished.
v. Percentage of LC claimed.
vi. Name and contact details of the unit of the manufacturer.
vii. Sale price of the product.
viii. Ex-Factory Price of the product.
ix. Freight, insurance and handling
x. Total Bill of Material.

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xi. List and total cost value of inputs used for manufacture of the Telecom
Product/Services/Works.
xii. List and total cost of inputs which are locally sourced. Please attach LC certificate from
local suppliers, if the input is not in-house.
xiii. List and cost of inputs which are imported, directly or indirectly.

For and on behalf of ______________________________________ (Name of

Firm/Entity)

Authorized signatory (To be duly authorized by the Board of Directors) <Insert Name,
Designation and Contact No. and date>

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I/622375/2024 Section 7- Part H

Consortium Agreement
(On Rs. 100 Non-Judicial Stamp Paper)

In compliance to Clause No.…..of Tender No.dated, a consortium has been formed on

<Date>between <Bidder’s Name> and <OEM name> to meet various eligibility conditions and
experience criteria specified in the Tender No___________, dated_______.

It has been agreed among bidder and the consortium partner that <Bidder’s Name> is designated to
submit the Bid on behalf of this consortium and henceforth called as Bidder. “Lead Bidder” and the
“Bidder” have been used interchangeably. It is also confirmed that all the members of the said
consortium meet the eligibility conditions as specified in the above referred tender and have
authorized the “Lead bidder” by way of duly executed power of attorney in his favour to act on their
behalf.

It has been agreed that both the bidder as well as consortium partner(s) shall furnish separate
Performance Bank Guarantees (PBGs) for Purchase order (PO) as well as for AMC, each for an amount
specified in the Section 5 B of tender.

It has also been agreed that the in its capacity as lead Bidder, <Bidder’s Name> will interact with
BSNL for all obligations.

The Lead bidder and consortium partner shall be liable for due performance of the contract jointly
and severally, whereas the responsibility of Consortium Partner other than lead bidder, shall be
limited to such Consortium Partner share of obligations in the contract for products and /or services
as defined in the agreement signed between the Lead Bidder and Consortium Partner and is in
accordance with the tender requirements.

The details of Bidder and consortium partner are as under:-

<Bidder Name>:-<Details containing Registered office & correspondence address>
<Consortium Partner >:-<Details containing Registered office & correspondence
address>
:
:
IN WITNESS WHEREOF the parties have caused this AGREEMENT to be executed by their duly
authorized officers as of the day first above written
For<Consortium Partner>
For <Bidder’s Name>
Signature of Authorized Signatory
Signature of Authorized Signatory
Name:-
Name:-
Designation:-
Designation:-
Contact Phone:-
Contact Phone:-
Email-ID:-
Email-ID:-
Date:-
Date:-
Witness-1
Witness-1
Signature:-
Signature:-
Name:-
Name:-
Designation:-
Designation:-
Contact Phone:-
Contact Phone:-
Email-ID:-
Email-ID:-
Date:-
Date:

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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 / (Tick the correct choice):
Private limited company.

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 Delhi? If so state
its Address

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I/622375/2024 ……………………………………………………………………………………………

10. GSTN Registration Number(s) of all units/business places of the bidder vide which he intends
to execute the contract, if awarded.

GSTN1……………………. GSTN2……………………
GSTN 3……………………. and so on

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

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 ……………………………

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Section – 9
(Bid Forms and Price Schedules)

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
2. .............................................. 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.
3. Bid submitted by us is properly sealed and prepared so as to prevent any subsequent alteration and
replacement.

4. We agree to abide by this Bid for a period of 180 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.
5. We understand that you are not bound to accept the lowest or any bid, you may receive.
6. If our Bid is accepted, we will provide you with a performance guarantee from a Scheduled Bank
(except Co-operative Bank) for a sum @ 3% of the contract value for the due performance of the
contract.
7. 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).
8. 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.
9. Dated: ....... day of ................... 2021

Signature ………………………….

Witness Name ……………………………..

Signature…………………………. In the capacity of ………………………….

Name …………………………….. Duly authorized to sign the bid for and on

behalf of
Address ......................................
..............................................

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SECTION 9 Part B
PRICE SCHEDULE
Freight, GST

Total Price inclusive of

but excluding GST (Net

HSN for goods and SAC

Purpose of calculation of
GST amount (Net Unit

all levies and charges

Total Price for Limited

Unit Price excluding
excluding all taxes

All-inclusive unit
Forwarding

Amount of GST
Basic Unit Price
Total Quantity

cost to BSNL)
and

for Services
Total cost)
& charges
CGST SGST IGST
packaging

cost
Sl.

AMC
Brief Item Description
No.

Amount

Amount

Amount

Amount
Rate

Rate

Rate

Rate
13=4+6+ 14=(8+
8=7x 10=9x 12=11 17 =
1 2 3 4 5 6=5 x4 7 9 11 [(8+ 10) 10) or 15=13-14 16=3x15 18
(4+6) (4+6) x(4+6) 3x4
or 12] 12
Supply of GPON 4-Port Optical Line
1 50,000
Termination Equipment (OLT).
Supply of Element Management
2 System in 1+1 redundant mode. 2
(at Main and DR Site)
SUB-TOTAL of supply of
3
Equipment
Installation & Commissioning of
GPON 4-Port Optical Line Termination
Equipment (OLT)
4 50,000
[10% of Basic Equipment Cost
mentioned in Column-17 of Row#1]
Installation & Commissioning of EMS
(1+1) and integration with NMS (per
EMS) (at Main and DR Site)
5 2
[10% of Basic Equipment Cost
mentioned in Column-17 of Row#2]
SUB-TOTAL of Installation &
6
Commissioning
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Freight, GST

Total Price inclusive of

but excluding GST (Net

HSN for goods and SAC

Purpose of calculation of
GST amount (Net Unit

all levies and charges

Total Price for Limited

Unit Price excluding
excluding all taxes

All-inclusive unit
Forwarding

Amount of GST
Basic Unit Price
Total Quantity

cost to BSNL)
and

for Services
Total cost)
& charges
CGST SGST IGST
packaging

cost
Sl.

AMC
Brief Item Description
No.

Amount

Amount

Amount

Amount
Rate

Rate

Rate

Rate
13=4+6+ 14=(8+
8=7x 10=9x 12=11 17 =
1 2 3 4 5 6=5 x4 7 9 11 [(8+ 10) 10) or 15=13-14 16=3x15 18
(4+6) (4+6) x(4+6) 3x4
or 12] 12
AMC of the equipment for 1st year
7 1
(@5.5% of Column-17 of Row#3)
AMC of the equipment for 2nd year (@ 1
8
5.5% of Column-17 of Row#3)
AMC of the equipment for 3rd year 1
9
(@5.5% of Column-17 of Row#3)
AMC of the equipment for 4th year 1
10
(@5.5% of Column-17 of Row#3)
AMC of the equipment for 5th year 1
11
(@5.5% of Column-17 of Row#3)
AMC of the equipment for 6th year 1
12
(@6.5% of Column-17 of Row#3)
AMC of the equipment for 7th year 1
13
(@6.5% of Column-17 of Row#3)
14 SUB-TOTAL of AMC Part
GRAND TOTAL
15
(Row-3 + Row-6 + Row-14)
16 Total Cost (in words)

Notes for bidder:

1 BSNL shall have right to extend the AMC up to 10 years, post warranty. In that case, the AMC charges shall be payable @6.5% of Column-17 of Row#2
for the 8th, 9th & 10th year.

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(i) Cost of Installation & Commissioning (Row# 4&5 of Price Schedule) shall be 10% of Basic equipment cost (Column#17 of Row 1 & 2 of price schedule
2
for OLT & EMS respectively).
3 Bidder must mandatorily quote for all GST components (CGST, SGST & IGST) as required.
The Annual maintenance Contract charges are required to be quoted as per SOR, basic charges should be @ the rates already fixed shown in column-4 & the
4
Goods and Services Tax (GST) in column 7 to 12.
5 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.
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
6 disclose any amount in column 7 to 12 & 14
7 * %age Rate of FF & packing should be shown of Basic Unit Price excluding all taxes & charges ( i.e. as %age of Col.4)
8 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.
9 Bidder must mandatorily mention Full HSN & SAC numbers
10 Regarding AMC, please refer to clause-9 of section-5 Part-B of this RFP
11 Regarding quoting the Price of AMC, please refer clause 1 of Section-4 Part-B.

Declaration by bidder in price sheet:

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
1
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 of Bidder :

GSTN Numbers:

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I/622375/2024
SECTION 10
AGREEMENT WITH REGARD TO SECURITY REQUIREMENTS

Terms and Conditions

i. With a view to help and address the business continuity, communication, security and security
management of BSNL’s networks in respect of equipment / products/ software / services, the parties
hereto are desirous of recording the terms and conditions as set forth in this Agreement.
ii. This Agreement would be read in conjunction with the respective contractual agreements BSNL and
the Vendor, which they have for the supply of Equipment/Products and Services. In case of any
conflict, the conditions of this agreement shall prevail.
1. Definition of Terms and expressions
Unless the context otherwise requires, the different terms and expression used shall have the
meaning assigned to them for the purpose of this Agreement in the following paragraphs.
(Note: some of the terms defined here may not have been used in this
Agreement)
a) “Access” - interconnection with BSNL Systems or access to or use of BSNL Information stored on
BSNL Systems through interconnection with BSNL Systems or access to or use of BSNL
Information stored on Vendor Systems or access to or use of BSNL Information stored in any
mobile device.
b) “Authorized” - BSNL has approved Access as part of the authorization process and the Vendor
Security Contact has a record of this authorization. “Authorization” shall be construed
accordingly.
c) “Commencement Date” and “End Date” means the date the agreement is executed and the date
when the validity or term of this contract ends or terminated.
d) “Contract Personnel” means dedicated resources of the Vendor in terms of employees,
subcontractors including employees of sub-contractors and agents including agent’s sub-
contractors and their employees engaged for the purpose of this Agreement.
e) “NAIF” means Network Authorization and Interconnect Facility is a procedure for registration of
global network interconnect between BSNLs and external companies.
f) “Sensitive Information” means any BSNL Information marked as classified as per BSNL’s data
classification policy. This also includes any other data, or element of information, notified as such
by the Government (e.g. IT Act 2000).
g) “Security Standards” means all the relevant contemporary standards associated with national
and international security standard related to IT & Telecom equipment hardware and software
and those related to information & communication security, including but without limitation to
ISO 27000 series, ISO/ IEC 15408, 3GPP, 3GPP2, WiMAX etc. applicable at the time of bidding.
h) “Subcontractor” any person, partnership or corporation with whom the Vendor places a
contract and/or an order for the supply of any equipment, item, service or for any work in
relation to the purpose of this Agreement. "Subcontract" shall be construed accordingly.
i) “Supplies” means all components, materials, plant, tools, test equipment, documentation,
hardware firmware, Software, spares parts, services and all the things & items to be provided to
BSNL pursuant to the main contract together with all Information and Work the main contract
requires to be supplied or performed for BSNL.
j) “Term” means the term of this Agreement from the [Commencement Date] to [End Date].
k) “BSNL” means Bharat Sanchar Nigam Limited, a Telecom Service Provider licensed under section
4 of Indian Telegraph Act 1885 by the Licensor, Government of India
l) “BSNL Group Security” means the security organization based within BSNL Group Company.
m) “BSNL Information” means all data including data, text, image, sound, voice, codes, circuit
diagrams, core & applications software and database, intellectual property as well as personal,
public, operational and services data in BSNLs custody which is and /or received which are

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I/622375/2024 supplied/ shared with Vendor for the purpose of this Agreement or are obtained by the Vendor
on behalf of BSNL.
n) “BSNL Items” - all items provided by BSNL to the Vendor and all items held by the Vendor which
belong to BSNL.
o) “BSNL Regulatory Contact” means in-charge of BSNL Regulatory Operations or such other
person whose details shall be notified by BSNL to the Vendor from time to time.
p) “BSNL Security Contact” means in-charge of BSNL Security Operations Centre or such other
person whose details shall be notified by BSNL to the Vendor from time to time.
q) “BSNL Systems” means any BSNL computer, application, databases, network infrastructure,
network elements and appliances, core and applications software, which is subject to the contract
or such other systems as may be agreed in writing from time to time between BSNL and the
Vendor.
r) “Vendor” means who supplies Equipment, Software and/or services to BSNL for the purpose of
installation, testing, commissioning, provision, operations and/or maintenance of BSNL’s
networks.
s) “Vendor Security Contact” means such person whose details shall be notified by the Vendor to
BSNL from time to time for such purpose.
t) “Vendor Regulatory Contact” means such person whose details shall be notified by the Vendor
to BSNL from time to time for such purpose.
u) “Vendor Systems” means any Vendor owned computer hardware or software, application
database or network elements / appliance or such other systems as may be agreed in writing
from time to time by BSNL and the Vendor.
v) “Licensor” shall mean the Department of Telecommunications, Ministry of Communications & IT,
and Government of India.
2. Scope
This Agreement sets out the provisions under which the Vendor will be able to supply equipment
and services and be granted Access to BSNL Systems, network, equipment, data and facilities and
BSNL Information including Sensitive Information for the purpose of the planning, engineering,
supply, installation, testing, commissioning and annual maintenance of ___ Nodes for Phase IX
expansion of GSM/UMTS/LTE based cellular mobile network in the ______ Zone(s) as per the main
contract.
3. International Security Standard Certification
The Vendor shall have contemporary relevant Security standard certification and shall comply with
the provisions of security standards certification w.r.t. Telecom & IT equipment hardware and
software and those related to information & communication security management, such as ISO 15408
standards as applicable to IT and IT related products, ISO 27001 for Information Security
Management System, standards used by other relevant standard formulation bodies for Telecom
equipment like 3GPP, 3GPP2, ITU standard etc. or equivalent acceptable international standards or
certification.
4. Security Requirements: The Vendor shall comply with following security policies:
4.1. GENERAL
4.1.1. The Vendor shall be authorized to access only BSNL Systems and Information in
accordance with the provisions of this Agreement and only during the term of this
Agreement.
4.1.2. The Vendor shall identify to BSNL details of Vendor Security Contact at the
Commencement Date who will act as a single point of contact for BSNL, such as a senior
manager or CIO responsible for security, for any security issues. This responsibility shall
be detailed within his/her job description. This does not mean that the Vendor shall not
be responsible as an organization or company and its management. The vendor security
contact shall only be a security cleared Indian national. The security clearance for the
security contact will be applied and obtained by BSNL from the Licensor.

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I/622375/2024 4.1.3. As part of the authorization process, details of Vendor’s Contract Personnel that need Access
will be requested by BSNL. The Vendor shall at all times ensure that only Contract
Personnel who have a need to Access in order to fulfill the purpose of this Agreement are
authorized. This authorization and any changes in the personnel would be notified by
the Vendor for the information and for the approval (wherever applicable) of BSNL.
4.1.4. Pursuant to Clause 4.1.3 above, the Vendor acknowledges that only the Contract
Personnel having requisite training are Authorized to access BSNL System.
4.1.5. The Vendor shall have a well-defined Information Security policy compliant with
ISO/IEC 27001:2005 or have equivalent standards and in line with BSNL’s information
security policies and requirements.
4.1.6. The Vendor shall ensure that they have information security organization in place to
implement the provisions of BSNL’s information security policies. The Information
Security responsibilities of all Vendor employees working for BSNL shall be defined and
communicated.
4.1.7. The Vendor shall establish and maintain contacts with special interest groups to ensure that
the understanding of the information security environment is current, including updates
on security advisories, vulnerabilities and patches and ensure that the same is
implemented.
4.1.8. The Vendor shall conduct a Risk Analysis and ensure that all risks due to its own and sub-
contractors’ operations with BSNL are identified, measured and mitigated as per mutually
agreed scope/requirements. The Risk Assessment report is required to be shared with
the Chief Security officer/CISO of BSNL.

4.2. PHYSICAL SECURITY

4.2.1. All Contract Personnel including subcontractors and their employees, agents and their
employees of the Vendor working on BSNL premises shall be in possession of a BSNL
Identification or Electronic Access Control (“BSNL ID/EAC”) card. This card is to be used
as a means of identity verification on BSNL premises at all times and as such the
photographic image displayed on BSNL ID/EAC card must be clear and be a true likeness
of the Contract Personnel. If BSNL has any advanced identity verification systems the
same would also apply. BSNL may re-define such verification measures from time to time.
4.2.2. All Contract Personnel including subcontractors and their employees, agents and their
employees of the Vendor accessing premises (sites, buildings or internal areas) to fulfil
the Purpose, where BSNL Information is stored or processed, shall be in possession of an
Identification or Electronic Access Control (“ID/EAC”) card. This card is to be used as a
means of identity verification on these premises at all times and as such the photographic
image displayed on the ID/EAC card must be clear and be a true likeness of the Contract
Personnel or the Subcontractor or the Vendor’s employees, subcontractors and agents. If
BSNL has any advanced identity verification systems the same would also apply. BSNL
may re-define such verification measures from time to time.
4.2.3. The Vendor shall not (and, where relevant, shall ensure that any Contract Personnel shall
not) without the prior written authorization of BSNL Security Contact connect any
equipment, device or software to any BSNL System and where it is not intended to be
connected at a point in BSNL system.
4.2.4. The Vendor shall provide a documented procedure to deal with security threats directed
against BSNL or against a vendor working on behalf of BSNL whilst safeguarding BSNL
Information.
4.2.5. The vendor and/or its contract personnel shall not access BSNL’s electronic systems
without first obtaining the written consent of BSNL security Contact.
4.2.6. The Vendor’s access to sites, buildings or internal areas where BSNL Information is stored or
processed, shall be as authorized and the Vendor and all its authorized personnel shall
adhere to robust processes and procedures to ensure compliance.

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I/622375/2024 4.2.7. The Vendor shall ensure, in case of usage of Vendor premises, that all BSNL Information,
Contract Personnel, Vendor Systems and BSNL Systems and networks used to fulfill the
Purpose are logically and physically separated in a secure manner from all other
information, personnel or networks created or maintained by the Vendor. Additionally,
secure areas in Vendor premises (e.g. network communications rooms), shall be
segregated and protected by appropriate entry controls to ensure that only authorized
Contract Personnel are allowed access to these secure areas. The access made to these
areas by any Vendor’s personnel shall be audited regularly, and re-authorization of access
rights to these areas must be carried out at least once annually.
4.2.8. The use of digital or conventional cameras, including any form of video camera or mobile
phone cameras, of the interior of BSNL premises is not permissible without prior
Authorization from BSNL Security Contact. Vendor shall ensure that photography or
capture of moving image of Vendor areas where BSNL Information is processed or stored
shall not capture any BSNL Information.
4.2.9. CCTV security systems and their associated recording medium shall be used by BSNL/
Vendor either in response to security incidents, as a security surveillance tool, as a
deterrent or as an aid to the possible apprehension of individuals caught in the act of
committing a crime. As such, these systems shall be authorized by appropriate BSNL
Security Contact when used by vendor, and stored images shall be securely held for at
least 6 months. Notwithstanding the above, BSNL may object to CCTV surveillance if
circumstances deem that such surveillance is inappropriate in relation to the purpose of
this Agreement.
4.2.10. The Vendor shall maintain a controlled record of all assigned BSNL physical assets and
assigned BSNL Items to them.
4.2.11. The local area surrounding the Vendor’s facilities, if any, at BSNLs premises shall be
inspected for risks and threats on a regular basis by the Vendor and such reports made
available to BSNL.
4.2.12. The Vendor shall disable the Access immediately if any Contract Personnel no longer
require Access or change role for any reason whatsoever or whose integrity is suspected
or considered doubtful or as may be notified by BSNL in accordance with clause 4.3.1.
4.3. LOGICAL SECURITY
4.3.1. The Vendor shall notify BSNL immediately if any Contract Personnel no longer requires
Access or change role for any reason whatsoever thus enabling BSNL to disable or modify
the Access rights.
4.3.2. The Vendor shall, implement mutually agreed as well as generally prevalent security
measures across all supplied components and materials including software & Data to
ensure safeguard and confidentiality, availability and integrity of BSNL Systems and BSNL
Information. The Vendor shall provide BSNL with full documentation in relation to the
implementation of logical security in relation to Purpose and shall ensure that it has such
security as:
• prevents unauthorized individuals e.g. hackers from gaining Access to BSNL
Systems; and
• reduces the risk of misuse of BSNL Systems or BSNL information, which
could potentially cause loss of revenue or service (and its Quality) or reputation,
breach of security by those individuals who are Authorized to Access it; and
• detects any security breaches that do occur enabling quick rectification of
any problems that result and identification of the individuals who obtained Access
and determination of how they obtained it.

4.4. INFORMATION SECURITY

4.4.1. The Vendor shall not use BSNL Information for any purpose other than for the purposes for
which they were provided to the Vendor by BSNL and only to the extent necessary to
enable the Vendor to perform as per this Agreement.

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I/622375/2024 4.4.2. The Vendor shall ensure that all information security requirements in this Agreement are
communicated including in writing to all Contract
Personnel in relation to their role.
4.4.3. The Vendor shall provide a document detailing a proactive strategy to minimize the risk and
effects of fraud and other security risks and the Vendor shall maintain processes to
monitor such activities.
4.4.4. The Vendor, as per its IT policy, shall ensure procedures and controls are in place to protect
the exchange of information through the use of emails, voice, facsimile and video
communications facilities.
4.4.5. The Vendor shall use physical and electronic security measures, as provided by BSNL, to
protect BSNL Systems, BSNL Information and areas where work is undertaken or where
Vendor Systems provide Access.

4.5. CONTRACT PERSONNEL SECURITY

4.5.1. The Vendor shall ensure that BSNL Information provided under this Agreement is used only
to the extent necessary to enable the Vendor to perform as per the terms of this
Agreement. All Contract Personnel sign a confidentiality agreement either as part of their
initial terms and conditions of employment or when they start working in BSNL buildings
or on BSNL Systems and BSNL Information. These confidentiality agreements shall be
retained by the Vendor and accessible to BSNL, if required.
4.5.2. The vendor shall deal with breaches of security policies and procedures, including interfering
with or otherwise compromising security measures, through a formal disciplinary
process.
4.5.3. The Vendor shall provide a 'whistle-blower' process, available to all staff, with all BSNL
related issues reported back to BSNL Security Contact to the extent permissible by the
law in a location in India where the Vendor is delivering its Purpose. For the avoidance of
doubt, this facility shall be used by the Contract Personnel if BSNL’s employee, agent or
contractor instructs Contract Personnel to act in an inconsistent manner in violation of
the Agreement.
4.5.4. The Vendor shall, and shall ensure that the Contract Personnel securely destroy any BSNL
Information received in a recorded form from BSNL (or has recorded received BSNL
Information), when the Contract Personnel’s job or role has changed or terminated.
4.5.5. The vendor may perform the above activities as per its internal policy, which shall be shared
with BSNL from time to time

4.6. ADDITIONAL SECURITY POLICIES

4.6.1. The Vendor shall have documented operating procedures to discharge the security
requirements detailed within this Agreement and provide BSNL with access to such
documentation, if required, in accordance with “Access to Vendor systems” as stipulated
in this agreement.
4.6.2. The Vendor shall notify BSNL Security Contact immediately of any changes to its Access
method through the firewalls, including the provision of network address translation.
4.6.3. The Vendor shall implement a controlled exit procedure in respect of the individual Contract
Personnel to ensure the return of any BSNL assets or BSNL Items or BSNL Information in
the possession of the individual when any of the Contract Personnel who have Access,
leave the employment of the Vendor or are no longer engaged for the purpose of this
Agreement. Such controlled exit procedure shall include a written communication by the
Vendor Security Contact to BSNL Security Contact of this removal.
4.6.4. The Vendor shall inform BSNL Security Contact immediately upon its becoming aware of any
actual or suspected unauthorized Access or misuse of BSNL Systems or BSNL Information
or breach of any of the Vendor's obligations under this Agreement.

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I/622375/2024 4.6.5. The Vendor shall maintain integrity of the software build including upgrades, operating
systems and applications from factory to desk. The Vendor shall confirm that the software
build (both proprietary and off-the-shelf) delivered to BSNL is the same as the software
build agreed with BSNL. The software should not have such bugs, which could hamper
security in future including any unauthorized leakage of BSNL Information including
Sensitive Information.
4.6.6. Any change of location by the Contract Personnel or Vendor for any part of the supply chain
or the support centers shall be notified to BSNL immediately.
4.6.7. BSNL may carry out current and future risk assessments and other audits with pro-active
support from the Vendor on any part of the Vendor’s supply chain to identify additional
risks to BSNL. BSNL may then stipulate additional countermeasures to address any risks.
This in no means would reduce the Vendor’s ultimate obligations and responsibility
relating to security.
4.6.8. No replacement of BSNL System support tools must be undertaken by the Vendor without
specific agreement from BSNL.
4.6.9. If BSNL agrees to the Vendor’s appointment of Subcontractor under this Agreement, BSNL
may require that the associated security risks are clearly identified and assessed by BSNL
Group Security or the appropriate BSNL line of business security team. This will ensure
that any unacceptable security risks are identified and addressed. This in anyway shall
not reduce the Vendor from being solely responsible to BSNL for the ultimate obligations
to be performed under this Agreement and responsibility relating to security.
4.6.10. Where BSNL has approved Vendor’s use of Subcontractors, formal contracts containing all
necessary security requirements shall be put in place between the Vendor and its
subcontractor before the Subcontractor or its personnel can access BSNL Systems and
BSNL Information or occupy space in BSNL’s buildings or space in the Vendor’s building
that is used to access, hold or process BSNL Information.
4.6.11. The Vendor shall record and maintain detailed information of all Contract Personnel who
are authorized to Access BSNL Systems or BSNL Information.
4.6.12. The Vendor shall ensure that all computers or laptops used by contract personnel to access
BSNL Systems and BSNL Information have their
ports locked down such that removable storage media (memory sticks, removable hard
drives, compact flash and secure digital cards, floppy disks, CDs, DVDs, MP3 players and
other similar devices) cannot be connected. If Vendor IT policy don’t allow above
provision then vendor computers or laptops may be imaged by BSNL IT to comply with
above said requirements
5. ACCESS TO BSNL SYSTEMS
5.1. BSNL allows (so far as it can and is able to do so) the Vendor, to have Access solely for the
purpose as contemplated herein during the term of this Agreement.
5.2. In relation to Access, the Vendor shall (and, where relevant, shall ensure that all Contract
Personnel shall):
a. ensure each individual Contract Personnel has a unique user identification and
password known only to such user for his/her sole use.
b. ensure Contract Personnel never share user identification, passwords or security
tokens.
c. promptly provide to BSNL such agreed reports as BSNL shall from time to time
require concerning the Vendor’s use and security of Access and any related matters
to Access.
d. ensure that physical access to fixed computer equipment having Access or storing
BSNL Information is solely with smart or proximity cards (or equivalent security
systems) and Vendor conducts regular internal audit to ensure compliance with these
provisions.

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I/622375/2024 e. ensure onward bridging or linking to BSNL Systems is prevented unless authorized
by BSNL.
f. use all reasonable endeavors to ensure no viruses or malicious code like malware,
spyware, key logger, bots (as the expressions are generally understood in the
computing industry) are introduced, and that there is no corruption or modification
or compromisation of BSNL Systems or BSNL Information. This should undoubtedly
ensure that nothing results in denial of Service, interruption of Service, outages,
reduction or compromise in quality and efficiency of Service, leakage or stealing of
BSNL Information, interference with mandated lawful interception policy,
methodology & provisions, enhance risks of attacks, overbilling, frauds or any other
aspect that compromises the security of all the stake holders including the
Government, users, BSNL etc.
g. use reasonable endeavors to ensure that personal files which contain
information, data or media with no relevance to the purpose, are not stored on BSNL
building servers or BSNL centralized storage facilities or BSNL Systems.
5.3. If BSNL has provided the Vendor with Access to the Internet/Intranet, the Vendor shall, and
shall ensure that the Contract Personnel, access the Internet/Intranet appropriately. It is the
Vendor’s responsibility to ensure that practical guidance on internet and email abuse (as
amended) is communicated to the Contract Personnel from time to time.
5.4. The Vendor shall ensure that all Contract Personnel, subject to the Clauses headed
“Regulatory Matters” and “Confidentiality” comply with Classifying and Handling of
Information.
6. ACCESS TO VENDOR SYSTEMS
6.1. If Contract Personnel is granted Access to Vendor Systems having bearing on BSNL data,
information or network, the Vendor shall, as per its IT Policy:
a. ensure each individual has a unique user identification and password known only to
such individual for his/her sole use.
b. promptly provide to BSNL such agreed reports as BSNL shall from time to time
require,, concerning the Vendor’s use and security of access to Vendor Systems.
c. allow Access only to the minimum extent required to enable the Contract Personnel
perform their duties.
d. allow Access using a secure login process.
e. establish and implement formal procedures to control the allocation and de-
allocation of Access rights.
f. ensure that the allocation and use of enhanced privileges and access to sensitive tools
and facilities in Vendor Systems are controlled and limited to only those users who
have a business need.
g. ensure that the allocation of user passwords to Vendor Systems that hold or access
BSNL Information is controlled through a formal auditable management process.
h. conduct regular reviews of user ids and their Access rights.
i. Provide processes to demonstrate that remote and home working activities are only
permitted where Authorized by BSNL and subject to appropriate security controls
within the Vendor’s organization including but not limited to remote Access by users
being subject to strong authentication.
j. Demonstrate that users follow security best practice in the management of their
passwords.
k. implement a password management system which provides a secure and effective
interactive facility that ensures quality passwords.
l. ensure that user sessions are terminated after a defined period of inactivity.
m. Ensure that audit logs are generated to record user activity and security-relevant
events and securely managed and retained with nil ability on the part of the Vendor
to allow any un-authorized access or amendment to the audit logs. Such audit logs
must be maintained for future reference for a period of at least one year.

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I/622375/2024 n. Ensure that monitoring of audit and event logs and analysis reports for anomalous
behavior and/or attempted unauthorized access are performed by Vendor’s staff
independent of those users being monitored.
o. make available audit logs where required by BSNL for review.
p. ensure all systems holding, processing or accessing BSNL Information shall be
hardened as per industry standards.
q. ensure that to the extent possible, development, test and live environments are
segregated from each other and the other work areas in Vendor buildings.
r. implement practically possible controls to detect and protect against malicious
software and ensure that appropriate user awareness procedures are implemented.
s. ensure that Vendor has in relation to all Vendor Systems formal security incident
management procedures with defined responsibilities.
t. ensure that any unauthorized software is identified and removed from Vendor
Systems holding, processing or accessing BSNL Information.
u. ensure that Access to diagnostic and management ports as well as diagnostic tools are
securely controlled to BSNL’s reasonable satisfaction.
v. ensure that Access to Vendor’s audit tools shall be restricted to Relevant Contract
Personnel and their use is monitored.
w. Ensure that data gathered after running audit tool is properly protected.
x. Perform enhanced independent code reviews (including penetration testing) on all
Vendor Systems as a part of the Vendor’s security development lifecycle (SDL).

6.2. The Vendor shall demonstrate to BSNL that Contract Personnel who hold and use the
Information on PCs and mobile computing devices are responsible for ensuring that the PCs
and mobile computing devices are protected from unauthorized access. Consideration
must be given to whether Sensitive Information must be stored on mobile computing
devices. All Sensitive Information shall be encrypted if stored on a mobile computing device
or in the event of any transmission of Sensitive Information by Contract Personnel
outside of BSNL’s trusted network. Laptops and PCs containing Sensitive Information shall
have the whole of the disk encrypted. Devices that do not allow whole-disk encryption such
as memory sticks, CD/DVDs, shall be subjected to additional controls such as:

a. Use of file encryption, where available; or

b. Use of application password facilities; and
c. Where the device is "pocket-sized", it must be kept with the owner at all times.

Black-berry mobile phones and other such devices which use proprietary encryption
technique should not be used for holding BSNL information.

6.3. To the extent the servers are used to fulfill the purpose of this Agreement, Vendor’s servers
shall not be deployed on un-trusted networks without appropriate security controls.

6.4. Changes to individual Vendor Systems shall be controlled and subject to formal change
control procedures. All documentation relating to Vendor Systems shall be protected from
unauthorized Access or amendment.

6.5. Security procedures and controls shall be used to secure equipment holding, accessing or
processing BSNL Information in Vendor Systems.

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I/622375/2024
7. CONDITIONS FOR EQUIPMENT VENDORS:
7.1. Conformance to Security Standards and Policies:
The vendor shall ensure that the network elements supplied by him have been got tested as
per relevant contemporary Indian or International Security Standards e.g. IT and IT related
elements against ISO/IEC 15408 standards, for Information Security management Systems
against ISO 27000 series standards, Telecom and Telecom related elements against 3GPP
security standards, 3GPP2 security standards etc. from any International Agency / labs of
the standards e.g. Common Criteria Labs in case of ISO / IEC 15408 standards in line with
the deadline stipulated by the DoT. Vendors will be allowed to certify their own equipment
based on the testing at the labs which are capable of such testings. IT related elements in the
telecom networks which are already ISO 15408 certified will be accepted as certified.
Vendor can submit a relevant Self certificate based on test reports in this regard.

The vendor shall also provide a certificate in this regard, stating that :
(i) "No third Party lab exist which test the equipment as per relevant security standard"
(ii) "The equipment has been tested by an independent setup within organization as per
relevant security standards

As per prevailing instructions issued by Licensor, time to time, the certification shall be got
done only from authorized and certified agencies / labs in India.

The copies of the test results and test certificates shall be kept by BSNL for a period of 10
years from the date of procurement of equipment and the vendor will facilitate BSNL for the
same during the tenure of main contract.

The copies of test results and test certificates are to be submitted to BSNL on demand within
a reasonable time period along with the details as per Format – I.

The vendor shall also ensure that the equipment supplied has all the contemporary security
related features, facilities, hardware, software etc. for the purpose of Interception,
Monitoring, Analysis etc. for use by the Law Enforcement Agencies and provide complete
information to enable these features and facilities before the supply of the equipment or the
procedure of enabling these, if these are to be enabled after the commissioning of the
Network. The Vendor shall also submit a test report on these features and facilities and also
a certificate that all contemporary features and facilities of this category exist in the
equipment supplied.
7.2. Submission of Test Reports:
A report of the tests conducted with results of the tests conducted and mentioning areas
where vulnerability exists and what precautions are to be taken by BSNLs to minimize the
effect of such vulnerabilities should be submitted.
7.3. Security from Malware:
Malware can cause information leaks and can result in the leak of private user
information.
However, some viruses, worms and Trojans can infect devices and spread malware via text
messages or Bluetooth connectivity. This network-based service will also block Denial of
Service attacks and restrict network traffic based on source, destination, IP ports and
applications. It will also allow enterprise IT managers to lock and/or delete data on lost or
stolen devices. The connectivity could affect platforms if adequate firewalls, IDPs are not
strong. Therefore vendors would provide adequate firewall and IDPs.
7.4. Security against Remote Access:
The vendor shall submit a written undertaking to BSNL clearly identifying all known means
of remote control/ remote access/remote command and control in the supplied equipment
as well as suitable mitigation means to close such access mechanisms. Vendor has to comply
with the guidelines of remote access provided by DoT including instructions vide No.16-

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I/622375/2024 27/2007CS-III dated 31.01.2013 and any subsequent instructions thereof as on date of
submission of bid.
7.5. Penalty:
In the event that the Vendor is in breach with its obligations under this Agreement, as a
result of which the Licensor imposes any sanction on BSNL, which results in any financial
and other liabilities on BSNL, the Vendor shall be liable to make good such loss.
The aggregate liability of the Vendor to BSNL in respect of any breach of obligations under
this Agreement shall not exceed the sum of Rs. 50,00,00,000 (Rupees Fifty Crores only) per
breach, provided that such limitation shall not apply to claims arising pursuant to any other
Clause where such limitation is expressly excluded.
It shall also be subject to Limitation of Liability capping as defined in clause 19 of this
agreement.
In addition to the above, in case of any inadequate measures, act of intentional omissions,
deliberate vulnerability left into the equipment or in case of deliberate attempt for a security
breach by the Vendor, the Licensor may at its discretion blacklist the Vendor from entering
into any supply deals with any Indian telecom operators. BSNL shall give the vendor the
opportunity to defend any claim prior to imposing any penalty or blacklisting the vendor on
account of security breach being attributable to it.
7.6. Inspection:
The Vendor/Supplier shall allow BSNL, Licensor/DoT and/or its designated agencies to
inspect the hardware, software, manufacturing facility and supply chain and subject all
software to a security/threat check at the time of procurement of equipment and upto two
more times every year until the supplies under the contract have been completed, at the
time of discretion of the telecom service provider. All the documents should be in English
and handed over to the visiting team at least 4 weeks ahead of the visit. The number of such
visits will be limited to two in a purchase order. The expenditure for such visits for order
valuing more than 50 Crore upto 40 man-days per visit shall be borne by BSNL.
7.7. Language of Supplies:
Documentation to be in English: Vendor has to ensure that all the documentation including
software details obtained from manufacturer/vendor/supplier are to be supplied in English
language.
Vendor to make a list of all network elements and corresponding documentation as per
format given in Format-II and submit to BSNL.
7.8. A report on the susceptibility to the attacks on mobile networks:
Mobile Network like GSM equipment and its network are susceptible to several attacks. A
few of the known attacks with their description are given in Appendix I which is non
exhaustive. The vendor must submit a report categorically stating that out of such attacks or
any other attack to which the equipment and the network is susceptible, the degree of risk
of each type of attack and mitigation technique to deal with these attacks. The vendor will
ensure that whatever mitigation was possible as per the current available technologies,
techniques, configuration have already been used and adopted by them before the supply of
the equipment.
8. DATA PROTECTION:
8.1. The Parties acknowledge that, in respect of all Personal Data processed by the Vendor for
the purpose of the provision of Supplies under this Contract, BSNL alone, as data
controller, shall determine the purposes for
which and the manner in which such Personal Data will be processed by the Vendor.
8.2. Other than at BSNL's request, or where required by law to provide the supplies, the Vendor
shall not disclose or allow access to any Personal Data other than, subject to Paragraph 8.4(f)
to a person placed by the Vendor under the same obligations as contained in this Condition
who is employed or engaged by the Vendor or within the control of the Vendor in the
performance of the Contract.
8.3. The Vendor shall not use Personal Data for any purpose other than the provision of the
Supplies and shall return any Personal Data to BSNL immediately upon request at any time
providing such return does not prevent the Vendor from fulfilling its obligations under this

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I/622375/2024 Contract. The Vendor shall retain Personal Data no longer than is necessary for the
provision of the Supplies, in accordance with the relevant Data Protection Legislation and
such instructions as BSNL may provide from time to time. Upon expiry or termination of this
Contract for whatever reason, the Vendor shall immediately return to BSNL all Personal Data
and certify that no copies have been made or retained by the Vendor or any third party acting
on its behalf.
8.4. The Vendor shall:
a. process Personal Data only on the instructions of BSNL and to the extent necessary
for the performance of this Contract; and
b. not modify, amend or alter the contents of the Personal Data except as required or
permitted by this Contract or with BSNL’s prior written consent; and
c. implement the appropriate technical and organizational measures in its own
premises to protect Personal Data against accidental or unlawful destruction or
accidental loss, alteration, unauthorized disclosure or access, and against all other
unlawful forms of processing, which measures are set out in more detail in Condition
headed “Security of Information” and provide to BSNL a written description of the
measures taken when requested by BSNL; and
d. comply with all relevant mutually agreed provisions of any BSNL codes of practice
notified to the Vendor from time to time and the Data Protection Legislation; and
e. keep all Personal Data secure and confidential, act only on BSNL's instructions with
respect to it, and comply with mutually agreed reasonable requirements from time
to time of BSNL for the security of it; and
f. ensure that, of the Vendor’s staff, only those of the Contract Personnel who need to
have access to the Personal Data are granted access to the
Personnel Data only for the purposes of the performance of this
Contract and the Contract Personnel are informed of the confidential nature of the
Personal Data and comply with the obligations set out in this Condition; and
g. notify BSNL forthwith, and in any event, no later than 12 hours from the time it comes
to the Vendor’s attention, that Personal Data transferred by BSNL to the Vendor has
been the subject of accidental or unlawful destruction or accidental loss, alteration,
unauthorized disclosure or access, or any other unlawful forms of processing; and
h. notify BSNL in the event that it receives a request or notice from any data subject to
have access to that person’s Personal Data held by it and will provide BSNL with full
co-operation and assistance in relation to any complaint or request including
providing BSNL with any relevant Personal Data it holds within the timescales
provided by the request or notice or as otherwise required by BSNL.
8.5. In respect of Transfer of Personal Data the following conditions shall apply:
a. obtain BSNL’s prior written consent before transferring Personal
Data to any Subcontractors in connection with the provision of the
Supplies;
b. prior to any Transfer of Personal Data, enter into or procure that any Subcontractor
delivering the Supplies will enter into contracts for the transfer of personal data. In
respect of Personal Data transferred by BSNL to the Vendor or acquired by the
Vendor from BSNL’s systems to a country outside of India shall be on the basis of the
Legislation issued by the Indian Government, or such other data protection model
contract terms as may be agreed between the Parties from time to time, except where
the relevant Data Protection Legislation provides for a derogation from this
requirement.
8.6. Any breach of this Condition by the Vendor shall be deemed to be a material breach of the
Contract and the Vendor shall indemnify BSNL against any costs, losses, damages,
proceedings, claims, expenses or demands incurred or suffered by BSNL which arise as a
result of such breach..
8.7. The Vendor shall, upon BSNL giving reasonable notice, allow BSNL or its nominated
representatives such access to its premises, Information and records and those of its agents

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I/622375/2024 subsidiaries and sub-contractors, as may be reasonably required by BSNL from time to time
to assess the Vendor’s and/or Contract Personnel’s compliance with this Condition.
9. REGULATORY MATTERS:
9.1 The Vendor shall
a. comply with all Regulatory Matters, under applicable law, including, without
limitation, any actions that BSNL may require in connection with any Regulatory
Matter, that are notified to the Vendor Regulatory Contact from time to time by BSNL
Regulatory Contact in so far as they relate to the performance of the Contract by the
Vendor;
b. within 14 days of the Commencement Date, ensure that the Vendor Regulatory
Contact contacts BSNL Regulatory Contact to establish the nature and extent of
communication between them, which assist them in meeting all regulatory
requirement as set by licensor or Sectoral regulator or any other person nominated
by Licensor.
c. ensure that the vendor and its Contract Personnel have undergone the proper and
adequate Training for the purpose of execution of this agreement;
d. promptly provide such information to BSNL as shall be necessary for BSNL to respond
fully and to the timescale required to any request or requirement for information
from a government or any regulatory authority, to the extent that such information
relates to the performance of the Agreement by the Vendor; and
e. permit BSNL and/or its authorized agents such access to the Vendor's premises and
such Access to and copies of its Information and Records (and to and of those of any
Contract Personnel) as is required by BSNL to assess and/or validate the
Vendor's performance of its obligations under or in relation to this Clause.

10. CONFIDENTIALITY:
10.1 In this Clause, BSNL Information which BSNL from time to time identifies to the Vendor as
being commercially confidential, or is by its nature commercially confidential or defined by
BSNL as confidential, or confidential as per the applicable law.
10.2 Except with BSNL's agreement, the Vendor shall not disclose Information to any BSNL
employee, not authorized to receive
10.3 Subject to the Condition headed ‘Intellectual Property”, either party receiving
Information ("the Recipient") from the other shall not without the other’s prior written
consent use such Information except for Contract purposes or disclose such Information to
any person other than BSNL's employees, agents and contractors or Contract Personnel who
have a need to know and who are bound by equivalent obligations of confidentiality.
Any breach of such obligations by Contract Personnel or BSNL's employees, agents or
contractors (as the case may be) shall be deemed to be a breach by the Vendor or BSNL
respectively.
10.4 Paragraphs 2 and 3 of this clause shall not apply to Information that is: (a) published except
by a breach of the Contract; or
a. lawfully known to the Recipient at the time of disclosure and is not subject to any
obligations of confidentiality; or
b. lawfully disclosed to the Recipient by a Vendor without any obligations of
confidentiality; or
c. replicated by development independently carried out by or for the Recipient by an
employee or other person without access to or knowledge of the Information.
10.5 The Vendor shall not publicize this Agreement without BSNL’s prior written consent and
shall ensure that any subcontractor is bound by similar confidentiality terms to those in this
clause.
10.6 Either party that has during the course of this Agreement received Information in a recorded
form from the other (or has recorded received Information) shall return or destroy in a
complete irrecoverable mode (at the option of the disclosing party) such records upon:
a. expiry or termination of this Agreement; or

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I/622375/2024 b. upon earlier request unless such records are part of the Supplies.
10.7 This clause shall survive termination / expiry of this Agreement.
11. INTELLECTUAL PROPERTY:
Each Party will retain its right, title and interest in its respective trademarks, service marks
and trade names as well as rights in respect of any patent, copyright, trade secrets or other
intellectual property used during the performance of this Agreement. Both Parties recognize
that except as otherwise expressly provided herein or agreed between the Parties, they shall
have no right, title, interest or claim over the others’ intellectual property.
12. SECURITY REVIEW:
The Vendor shall:
a. give to (or procure the giving to) BSNL (or any person authorized by BSNL) such
access at all reasonable times to the Vendor’s and any Subcontractor’s records and
premises related to this Agreement as BSNL may require from time to time to assess
the Vendor’s compliance of these policies in this Agreement; and
b. Such assessments may include assessments of all elements of physical and logical
audits, penetration testing of the supplied systems. The Vendor shall facilitate this
assessment by permitting BSNL to collect, retain and analyze information to identify
potential security risks including trace files, statistics, network addresses and the
actual information or screens accessed or transferred; and
c. provide such reports to BSNL and attend such meetings as may be reasonably
required by BSNL.
13. SECURITY FEATURES SOUGHT:
Vendor is required to ensure that all contemporary security related features as prescribed
under relevant security standards are included while supplying equipment in BSNL
network. Further, vendor to ensure that all such security features are implemented when
that equipment is installed in BSNL network.
A list of such security features is to be made available by vendor to BSNL within a reasonable
time period as per format at Format – III.
Vendor will facilitate BSNL in keeping a list of features, equipment, software etc. procured
and implemented till they are in use, which may be subjected to inspection and testing by
BSNL/ DoT at any time, in the network or otherwise, at the option of BSNL.
14. O&M MANUALS RECORDS:
Vendor will facilitate BSNL in keeping a record of operation and maintenance procedure in
the form of manuals and supply to BSNL. It should have the security related provisions
capturing security related events among others of authentication, access control, password
policy, configuration for and generation of access, command and alarm logs, their storage
online and transmission to an independent log server.
Vendor to make a list of all network elements and corresponding manuals as per format given in
Format-IV and submit to BSNL.
15. USER AND PASSWORD MANAGEMENT:
Vendor will facilitate BSNL in keeping a list of user IDs created by him, which should be
linked with name and other details of the users. Vendor to see that obsolete users/ users
created for installation do not continue in system. Special emphasis to be laid on the users
provided administrator/ root privileges and justification for the same is to be kept in record.
Process for the allocation of temporary access for in-house and external maintenance
personnel and logging and monitoring of the same to be devised and recorded.
The information as per the format given in Format-V has to be made available to BSNL on
yearly basis or as and when demanded.

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16. RECORD OF SOFTWARE VERSIONS AND UPDATES:
Vendor will facilitate BSNL in keeping a record of all software updates and changes applied
in BSNL systems. Major updates and changes should be informed to BSNL within 15 days of
completion of such updates and changes.
Information as per the format given in Format-VI has to be made available to BSNL on an
yearly basis or as and when demanded.
17. RECORDS OF SUPPLY CHAIN:
Vendor will facilitate BSNL in keeping a record of supply chain of the products
(hardware/software). This should be taken from the manufacturer/vendor/supplier at the
time of procurement of the products.
Information as per the format given in Format-VII has to be made available to BSNL on an
yearly basis or as and when demanded.
18. INVESTIGATION:
18.1 If BSNL believes that there has been a breach by the Vendor of the provisions of this
Agreement, BSNL will inform the Vendor Security Contact. The Vendor shall cooperate with
BSNL fully in any ensuing investigation. The
Vendor shall provide list of users who have had access to BSNL Systems and BSNL
Information to BSNL and/or any law enforcement agency. BSNL shall have access to the
Vendor Systems and BSNL Information in the Vendor’s premises generally with prior notice.
18.2 The Vendor shall report to BSNL Security Contact promptly of any potential misuse of BSNL
Information or improper or unauthorized access to BSNL Systems and BSNL Information.
Upon request, the Vendor shall promptly provide to BSNL a written report with details of the
potential misuse of BSNL Information or improper or unauthorized access to BSNL Systems
and BSNL Information. a remedial plan and a timetable for achievement of the planned
improvements and steps to be taken to avoid the repeat of the potential misuse of BSNL
Information or improper or unauthorized access to BSNL Systems and BSNL Information.
18.3 If any audit or investigation reveals that there is a potential risk to the confidentiality,
integrity or availability of BSNL Information in the Vendor’s processes or Vendor Systems,
Vendor shall promptly correct any security risk in the Vendor’s processes or Vendor Systems
promptly.
18.4 During investigation, the Vendor shall co-operate with BSNL, providing reasonable access,
space, facilities and assistance to all Vendor Systems as reasonably necessary to investigate
the breach of the provisions of this Agreement including permitting interview of any sales,
engineering or other operational personnel of Vendor, upon prior reasonable written notice.

The clause No. 18.1 to 18.4 relates to investigation of all the security aspects
and other relevant provisions contained in the earlier paras/clauses.
19. LIMITATION OF LIABILITY: The aggregate liability of the Supplier under this Agreement is subject
to the clause 53 of Section 5 Part B of the main contract.
20. TERMINATION:
This Agreement shall be effective from the Commencement date and shall continue to be in
full force and effect concurrently with the Vendor agreement ("Term") unless terminated
earlier by BSNL in accordance with the provisions in the main contract.
The Contract may also be terminated on directions of the Licensor along with Penalty
under the Laws of the land in India in relation to security breaches noticed.
21. Without prejudice to BSNL’s rights and remedies under the Agreement, the Vendor shall at its own
cost and expense take all steps necessary to restore the lost or corrupted BSNL Information to the last
back-up and/or terminate the unauthorized use of or access to the Information to the extent it caused
such loss, corruption or unauthorized use of BSNL Information, due to act of omission or commission
on the part of vendor.

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22. LAW AND JURISDICTION:

This Agreement is governed by Indian law and subject to clause 18, Parties agree to the
exclusive jurisdiction of the Indian courts where the registered office of BSNL is situated.

23. ARBITRATION:
Any dispute arising out of this Agreement shall be settled and resolved as per the dispute
resolution and arbitrations clause agreed between the Parties under the main Contract.

24. NOTICES:
All notices, requests, consents, waivers or other communication required or permitted
hereunder shall be delivered as per the Notice clause agreed between the Parties under the
Supply & Services contract.

Format-I: List of Network elements inducted- Status of Security Testing

Sl.N Name of Relevan Testing If Third Details of If in- Remarks

o. Network t done party certificat e house
Element, Securit y inhouse or labName require d
Element ID Standar third party and certifica
and Location ds lab details of te
lab and availabl e
accredita Yes/No
tion status

Notes if any:

Format -II: Documentation in English language

Sl. Name of Network Document Reference Whether in English language

No. Element(including
Software), Element
ID and Location

Notes if any:

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I/622375/2024 Format -III: Contemporary Security Features in Equipment

Sl.N Name of Relevant Security Incorp Imple Availabili ty If tested
o. Network Security Feature s oration mentat of report on test
Element, Standard under in PO ion Record of and Remarks
Element ID, /s the status features
Yes/N
Location Standar d etc.
o

Notes if any:

Format – IV: Manuals for Operation and Maintenance Procedure

Sl. Name of Element Document Availability of Remarks

No. Network ID and Reference Security related
Element/System Location procedures in
(Including manual
Software)

Notes if any:

Note: The following certificate is required to be taken from the TSP: “Certified that
O&M Manuals for all the elements inducted into the network are available in English language,
contain relevant procedures for security related events and are sufficient for the O&M activity”.

Format – V : List of user IDs certified by System Administrator

Sl. User ID User Name and Designation System Given Remarks

No. Employee ID Access to and
Privileges
Accorded

Notes if any:

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I/622375/2024 Format – VI : Record of Software Changes and Updates

Sl.No Name of Current Software Reasons Remarks Remarks on

. Network Software version as for indicating intimation to
Element/Softwa version per record upgrade availability of Licensor of major
re, Element ID and implement record of changes
Location ed history of
Software
changes/upd
ates. Extract of
history sheet to
be attached to
report

Notes if any:

Format – VII : Record of Supply Chain of Products (Hardware/Software)

Sl. Name of PO Ref Name and Detail of Supply Remarks

No. Network and Date Address of Chain obtained from
Element, Vendor Vendor/Manufact
Element urer/Supplier
ID and (Yes/No)
Location
Attach copy of
extract

Notes if any:

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I/622375/2024
Section 11
LIST OF DOCUMENTS
Following documents are required to be submitted as a part of the Bid:
Note 1:
E.E.-1 = Electronic Envelope 1 i.e. Technical and Commercial bid in Electronic form
E.E.-2 = Electronic Envelope 2 i.e. Financial bid Envelope in Electronic form
P.E. – 3 = Physical Form Envelop 3 i.e. Technical and Commercial bid in Physical form

To be
submitted
Clause/Section
Sl. No. Particulars in (Kindly
Reference
see Note 1
above.
A B C D
Clause 9 of Section
EMD/Bid Security or Udhyam Registration certificate(s) , if
1 1 and P.E-3
claiming exemption.
Section 7(A)
Clause 4 of Section
1 and
2 Certificate of Incorporation of the Bidder E.E-1
Clause 10.1 (c) of
Section 4 Part A
Memorandum and Articles of Association of the Bidder Clause 10.1 (d) of
3 E.E-1
Section 4 Part A
Certificate of registration with the competent authority
prescribed in accordance to MoF order issued vide F. No Clause 5.5 of
4 E.E-1
6/18/2019-PPD dated 23.02.2023 or certificate as per Section 1
Section 6(C), whichever is applicable.
5 Self-Declaration regarding Local Content & Certificate from Section 7 Part G E.E-1 & P.E.
Cost Auditor 3
Audited Financial Reports of the Bidder for last two Financial
Years or calendar years as the case may be. This is to be
substantiated by the Audited Profit and Loss Account.
Clause 4 of
6 Further, a certificate from the concerned company’s E.E-1
Section 1
Chartered Accountant, who has actually audited the Annual
Accounts of the company, may also be furnished with regard
to requirement of Clause 4.4.2 of Section 1.
Self-declaration along with evidence that the bidder is not Clause 26.9.2 of
7 E.E-1
blacklisted by GST authorities. Section 5 Part-A
Self-declaration that the bidder/ OEM is not debarred/
Clause 4.1.(5) of
8 blacklisted by any authority as mentioned in the Clause E.E-1
Section 1
4.1.(5)
DOCUMENTS ACCOMPANYING TENDER BIDS
Approval from Reserve Bank of India/SIA in case of foreign Clause 10.1 (f)of
9 E.E-1
collaboration, if applicable Section 4 Part A
Type Approval Certificate given by Telecom Engineering
Clause 10.4 of
10 Centre (TEC)/TSEC issued by Quality Assurance Circle of E.E-1
Section 4 Part A
BSNL, if applicable.

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Latest Annual Report of the Bidder and /or certificate from Clause 10.2 (i) of
11 E.E-1
its banker to assess its solvency/financial capability. Section 4 Part A
A signed undertaking from Authorized Signatory of the
bidder that shall certify that all components/ parts/
assembly/ software used in all the equipment supplied under
Clause 10.5 of
12 this tender shall be original and new components/ parts/ E.E-1
Section 4 Part A
assembly/ software and that no refurbished/ duplicate/
second hand components/ parts/ assembly/ software are
being used or shall be used.
For supply of any software i.e. operating system or any
applications software, a Certificate of Authenticity (COA), Clause 10.6 of
13 E.E-1
signed by Authorized Signatory stating that all Software Section 4 Part A
supplied are authentic and legal copy is/ are being supplied
List of all Directors including their name(s), Director
Clause 10.1 (e) of
14 Identification Number(s) (DIN) and address (es) along with E.E-1
Section 4 Part A
contact telephone numbers of office and residence
Clause 10.1 (g) of
15 Documentary proof of GST registration E.E-1
Section 4 Part A
Undertaking duly signed by bidder and its OEMs, stating that
Clause 10.1 (h) of
16 both of them shall be liable for due performance of the E.E-1
Section 4 Part A
contract jointly and severally.
Documentary evidence/ Declaration to the effect that the
type of software to be utilized in the system/ equipment i.e.
Packaged/ Canned OR Customized shall be furnished by the
Clause 10.7 of
17 bidder. In case of Packaged/ Canned, the portion of value E.E-1
Section 4 Part A
which represents consideration paid or payable for transfer
of right to use such goods subject to provisions laid down in
Central Excise/Custom Notifications”
Declaration under the bidder’s signature that no
addition/deletion/corrections have been made in the Tender
document being followed for submission of Bid and it is Clause 14 of
18 E.E-1
identical to the Tender (including its amendments and Section 1
clarifications to pre-bid queries) appearing on the e-
Tendering Portal used by BSNL for processing this tender.
19 Undertaking and declaration as per section 6-part A. Section 6 A E.E-1
20 Bidder’s Profile duly filled and signed Section 8 E.E-1
Near Relation Certificate from all the directors of bidder
21 Section 6 B E.E-1
company
SECTION 7 Part
22 Integrity Pact Agreement P.E-3
D
SECTION-9 Part-
23 Tender Bid Form E.E-1
A
24 Price Schedule in excel sheets. SECTION 9 Part B E.E-2
Clause 30.10 of
25 Quality Manual E.E-1
Section 4 Part A
Power of Attorney as per clause 14.3 (a) and (d) of section 4
Clause 14.3 of E.E 1 &
26 Part A and authorization for executing the power of Attorney
Section 4 Part A P.E-3
as per clause 14.3 (b) or (c) of section 4 Part A.

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Unpriced BOQ/BOM. SoR (Section-3
Part-C) and
27 E.E-1
Clause 17 of
Section 5 Part B
28 Manufacturer Authorization Form Section 7 Part E E.E-1
Clause by Clause Compliance for all the terms and conditions Clause 11.3
29 E.E-1
of tender. Section 4 Part A

*********

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Section 12
Acceptance Testing Schedule

A/T SCHEDULE FOR OLT & EMS FOR BHARATNET PROJECT

PART A - OLT Node Tests

1. OLT Equipment Details

SL. ITEM DESCRIPTION DETAILS

No
1 OLT Location
2 Block & Dist. Name
3 OLT Location ID/ IP address
4 OLT Model No.
5 OLT Sl. No.
6 OLT Capacity (4/8/16/24 Port)
7 QA Reference No.

2. Infrastructure verification of OLT:

Sl. PROCEDURE/
TEST DESCRIPTION RESULT/ REMARK
No. REFERENCE
Technical manuals in CD to
1 Check of Documentation Available / Not available
be supplied
Check for connectivity with DCN connectivity from OLT
2 Data Comm. Network Done / Not Done to EMS for management
(DCN) purpose
Sign. Writing on the
3 Done/Pending
equipment

3. Physical Verification of Hardware

SL. TEST DESCRIPTION PROCEDURE
No
1 Physical Verification of the system at Check the supply of OLT as per BOM. Physical Check
OLT. for the provision of No. of ports to be verified.
a) No. of PON cards :
b) No. of PON ports:
c) No. of Control / uplink cards :
d) No. & Type of SNI ports

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4. Services Configuration Details

SL. ITEM CONFIGURATION

No
1 OLT Management IP (Out of Band)
2 OLT MGMT VLAN
3 High Speed Internet VLAN/s
4 VoIP VLAN

5. OLT Tests

SL. No TEST DESCRIPTION PROCEDURE

1 Check for the S/W Verify the S/W version of the OLT as per the TSEC certificate.
conformity.
2 Verification of Power Check that the OLT gets powered ON after the AC power is
supply requirement of through.
OLT.
3 Verification of Optical Connect a power meter to the UP Link ports with patch card.
Power Measurement of Measure the optical power for various windows. The Limits
Uplink Ports. should be as given below:
1. For 850 nm:1000 Base SX (500M)/1G
a. RX Power: -17 to 0 dBm
b. TX Power: -9.5 to 0 dBm
2. For 1310 nm: 1000 Base LX (10KM)/1G
a. RX Power: -19.5 to -3dBm
b. TX Power: -9.0 to -3 dBm
3. For 1550 nm: 1000 Base LX (40KM)/1G
a. RX Power: -23 to -3dBm
b. TX Power: -3 to +3 dBm
4. For 1550 nm: 1000 Base ZX (80KM)/1G
a. RX Power: -24 to -1dBm
b. TX Power: 0 to +5 dBm
4 Verification of Optical Connect a power meter to the GPON port with patch card.
Power Measurement of Measure the optical power. The Limits should be as
GPON Ports. given below: a. RX Power : -8 to -28 dBm
b. TX Power : +1.5 to +5 dBm
5 Verification of Service a. The OLT is powered ON with all configurations. Check for
restoration on OLT reboot the correct functioning of the lamps and working of the OLT
by browsing of Internet from ONT.
b. Shutdown the OLT by disconnecting both the power supply.
c. Power ON the OLT after few minutes.
d. Check the system is restored within 15 minutes
6 Verification of Loss of a. Ensure that the OLT is in working condition.
Signal on Fiber Cut b. Check for Green indication in OLT.
between OLT and Splitter c. Remove the fiber between OLT & the splitter.
d. Check the Red indication.
e. Restore the fiber.
f. Check for Green indication.
g. Check the alarm status in LCT/EMS

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PART B- Testing of EMS

S. N. TEST DESCRIPTION PROCEDURE

1 Physical Verification of the
Check the supply of EMS as per BOM for both DC & DR sites.
system at EMS. (Along with accessories like LCT etc.)
2 Check for the S/W Verify the S/W version of the LCT & EMS as per the TSEC
conformity. certificate.
3 Check of Redundancy. Check the following redundancy;
a. Power
b. Control card/Server (Ensure only single point of failure
does not affect the functioning of the system)
4 Back up Restoration of the a. Take the backup of the EMS data.
Data. b. Modify the EMS by adding or deleting some ONT /Alarm
etc.,
c. Restore EMS with the backed up data.
d. Verify that the modified data is not available.
5 Configuration Management. Sample Check:
Perform Addition/deletion & Editing of OLT.
Perform Addition /deletion & Editing of ONT.
Activation and de-activation of any service of ONT.
6 Fault Management. Sample Check:
Verify the alarms of the OLT & ONT – GREEN for Healthy, Red for
Fault and yellow for de-graded mode.
Verify the power failure of any OLT & ONT.
Verify Loss of signal of any OLT & ONT
7 Service. Creation & Deletion of different Service profiles from EMS.
8 Security Management. Sample Check:
Create/modify/Delete a user.
Check for different level of pass word.
9 Calendar Management. Sample Check:
Create a task for Back up with time and date. Check the same is
executed properly.
10 Performance Management. Sample Check:
Check for customized reports
11 Verification of Log. Sample Check:
Verify the following Log:
Alarm Log.
User log.
12 Verification of Messaging. Verify an e-mail sent to the maintenance officer on generation of
alarm.

Signature of Testing Official Signature of offering officer

(With Date, Name, and Designation) (With Date, Name and Designation)

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Section 13
Corresponding Terms & conditions of Section 5 Part A for any add-on procurement for
BSNL’s consumption/ Network

18.1 Severity Levels, Response times and Restoration times will be as below:
Fault Type (OLT) Severity Response Response Response time Response
Level time (District Time (District Time
Level) (Below Level) (Below
District District
Level) Level)
Fault in the equipment/ 1A 4 Hours 8 Hours 8 Hours 12 Hours
system affecting the
availability of service to
more than 5% of
working subscribers in
a OLT & does not
require any hardware
change
Fault in the equipment/ 1B 6 Hours 10 10 Hours 24 Hours
system affecting the Hours
availability of service to
more than 5% of
working subscribers in
a OLT require hardware
change
Any faults affecting the 2A 6 Hours 10 12 Hours 16 Hours
availability of service to Hours
5% or less subscribers
in a OLT & no hardware
changes required
Any faults affecting the 2B 6 Hours 10 24 Hours 24 Hours
availability of service to Hours
5% or less subscribers
in a OLT &hardware
changes required
18.2 Here the node will be taken to mean a site having OLT. Availability of service shall be taken
to have been affected if indications including among other things, poor bit error rate to the
subscriber, intermittent failure, end-to-end unavailability of service to the customer fault of
continuous nature etc.
18.3 The time for restoration of fault will be counted from the time of reporting to the technical
support centre as per procedure prescribed in clause 15 of this agreement. As vendor
resources are always available in the NOC, No delay is expected.
18.4 For the purpose of arriving at the penalties as indicated in table above, the calculated
percentage upto two decimal points shall be rounded off to nearest figure (e.g. 4.49% will
be taken as 4% and 4.50 shall be taken as 5%
7. PENALITIES

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19.1If the supplier fails to restore the fault within the time limit specified in clause 18 above,
following penalties shall be applicable
I. Severity Level Penalty per 8 hours of delay/per node/per occasion
1A & 1B Rs. 300/-
II. Severity Level Penalty per day of delay/per node/per occasion
2A & 2B Rs. 150/-
(Delay will be counted in steps of 8Hr/One day, as the case may be).
19.2The penalty will be applicable on per node basis even if there is a commonality of fault
at any point in the network causing failure full or part of service at more than one node
in the network.
19.3 If the supplier is unable to meet the TAT of 21 days as mentioned in clause 12 &13 for
repair/ replacement of faulty equipment from the date of receipt of cards at the SUPPLIER`s
designated Technical support Center, a penalty of Rs.150/- per day of delay per faulty
module/card shall be applicable upto30 days delay from TAT time (i.e. 22nd day to 52th day).
Beyond 30-day delay from TAT time (i.e. from 53rd day), the penalty shall be Rs. 300 per
day.
19.4 A system of dispatch and receipt challans shall be worked out between BSNL and the
supplier within one month of the placement of Purchase Order in order to account for the
delay. Decision of BSNL as to how the system is designed shall be final.
19.5 The penalty shall be deducted from the quarterly bills. The maximum value of penalty for
fault in nodes shall not exceed 20% of AMC P.O. amount in that quarter. This penalty capping
would not be applicable for delay in repair of units/cards/modules beyond 60 days
19.6 Any unit/card/module not returned during the turnaround time period within 60 days of
date of receipt of the faulty equipment at the SUPPLIER`s designated premises, an amount
equivalent to 1.5 times the cost of unit/card/module OR an amount equal to penalty accrued
in 60 days, whichever is higher shall be levied on the vendor. The cost will not be counted
as penalty, for the purpose of capping as mentioned above in clause 19.5.
19.7 Physically Damaged & Visibly Burnt unit/card/module shall not be sent for repair hence
excluded from RNP (Repair Not Possible). If some internal components are burnt, then such
unit/card/module can`t be treated as visibly burnt or physically damaged as the same can`t
be verified visually at the time of delivery of unit//card/module, If on analysis it is
diagnosed as burnt or damaged, which is not visible to the naked eye, then the card shall be
declared as RNP. Such declared RNP cards will be capped at 1% of the total supplied cards
per annum.
19.8 Non-performance of preventive maintenance ( done remotely through EMS ) as per
schedule will attract penalty value of up to 4% of the AMC value per OLT. This shall be in
addition to the penalty already imposed and shall not be considered for capping). No penalty
towards PM shall be deducted if it is due to BSNL reason.

20. ARBITRATION PROVISION

20.1 Arbitration (Applicable in case of supply orders/Contracts with firms, other than Public
Sector Enterprise) (Not applicable in cases valuing less than Rs. 5 lakhs)
20.1.1 Except as otherwise provided elsewhere in the contract, if any dispute, difference, question
or disagreement arises between the parties hereto or their respective representatives or
assignees, in connection with construction, meaning, operation, effect, interpretation of

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the contract or breach thereof which parties unable to settle mutually, the same shall be
referred to Arbitration as provided hereunder:
(1) A party wishing to commence arbitration proceeding shall revoke Arbitration Clause
by giving 60 days’ notice to the designated officer of the other party. The notice
invoking arbitration shall specify all the points of disputes with details of the amount
claimed to be referred to arbitration at the time of invocation of arbitration and not
thereafter. If the claim is in foreign currency, the claimant shall indicate its value in
Indian Rupee for the purpose of constitution of the arbitral tribunal.
(2) The number of the arbitrators and the appointing authority will be as under:

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

(3) Neither party shall appoint its serving employee as arbitrator.

(4) If any of the Arbitrators so appointed dies, resigns, becomes incapacitated or
withdraws for any reason from the proceedings, it shall be lawful for the concerned
party/arbitrators to appoint another person in his place in the same manner as
aforesaid. Such person shall proceed with the reference from the stage where his
predecessor had left it both parties consent for the same; otherwise, he shall proceed
de novo.
(5) Parties agree that neither party shall be entitled for any pre-reference or pendent
elite interest on its claims. Parties agree that any claim for such interest made by any
party shall be void.
(6) Unless otherwise decided by the parties, Fast Track procedure as prescribed in
Section 29 B of the Arbitration Conciliation Act, 1996 for resolution of all disputes
shall be followed, where the claim amount is upto Rs. 5 crores.
29B. Fast track procedure –
(1) Notwithstanding anything contained in this Act, the parties to an arbitration
agreement, may, at any stage either before or at the time of appointment of the
arbitral tribunal, agree in writing to have their dispute resolved by fast-track
procedure specified in subsection (3).

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(2) The parties to the arbitration agreement, while agreeing for resolution of dispute by
fast track procedure, may agree that the arbitral tribunal shall consist of a sole
arbitrator who shall be chosen by the parties.
(3) The arbitral tribunal shall follow the following procedure while conducting
arbitration proceedings under sub-section (1): -
(a) The arbitral tribunal shall decide the dispute on the basis of written pleadings,
documents and submissions filed by the parties without oral hearing;
(b) The arbitral tribunal shall have power to call for any further information or
clarification from the parties in addition to the pleadings and documents filed by
them;
(c) An oral hearing may be held only, if, all the parties make a request or if the
arbitral tribunal considers it necessary to have oral hearing for clarifying certain
issues;
(d) The arbitral tribunal may dispense with any technical formalities, if an oral
hearing is held, and adopt such procedure as deemed appropriate for expeditious
disposal of the case.
(4) The award under this section shall be made within a period of six months from the
date the arbitral tribunal enters upon the reference.
(5) If the award is not made within the period specified in sub-section (4), the provisions
of sub- sections (3) to (9) of Section 29 A shall apply to the proceedings.
(6) The fees payable to the arbitrator and the manner of payment of the fees shall be
such as may be agreed between the arbitrator and the parties.
(7) The arbitral tribunal shall make and publish the award within time stipulated as
under:

Period for making and publishing of the award

Amount of Claims
(counted from the date the arbitral tribunal
and Counter Claims
enters upon the reference)
Upto Rs. 5 crores Within 6 months (Fast Track procedure)
Above Rs. 5 crores Within 12 months
However, the above time limit can be extended by the Arbitrator for reasons to be
recorded in writing with the consent of parties and in terms of provisions of the Act.
(8) In case of arbitral tribunal of 3 arbitrators, each party shall be responsible to make
arrangements for the travel and stay, etc. of the arbitrator appointed by it. Claimant
shall also be responsible for making arrangements for travel/stay arrangements for
the Presiding Arbitrator and the expenses incurred shall be shared equally by the
parties.
In case of sole arbitrator, BSNL shall make all necessary arrangements for his
travel/stay and the expenses incurred shall be shared equally by the parties.
(9) The Arbitration proceeding shall be held at New Delhi or Circle or SSA Headquarter
(as the case may be).

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(10) Subject to the aforesaid conditions, provisions of the Arbitration and Conciliation Act,
1996 and any statutory modifications or re-enactment thereof shall apply to the
arbitration proceedings under this clause.
Further, with regard to already signed/existing contracts, existing Arbitration clause for sole
arbitrator can be invoked in case the parties waive, subsequent to disputes having arisen between
them, the applicability of sub-section (5) of section 12 by an express agreement in writing.

20.2 Arbitration In case of the disputes between two Central Public Sector Enterprises
or with any government body, the following shall apply:
In the event of any dispute or difference relating to interpretation and application
of the provisions of commercial contracts between Central Public Sector
Enterprises (CPSEs)/ Port Trusts inter se and also between CPSEs and
Government Departments/ Organizations (excluding disputes concerning
Railways, Income Tax, Customs & Excise Departments), such dispute or difference
shall be taken up by either party for resolution through AMRCD as mentioned in
DPE OM No. 4(1)/2013(GM)/FTS-1835, dated 22.05.2018.).

27. GST invoices:

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 raising of the invoice.
27.8. Invoice number should be mentioned on the E-way Bill.
27.9. Supplier shall be responsible for timely issuance and delivery of invoice/ DN/ CN to enable
BSNL to claim tax benefit on or before the stipulated time period provided by the GST law.
a) It is the responsibility of the supplier to ensure that outward supply return (GSTR-1) would
be filed correctly. If not, than cost would be borne by supplier.
b) Reporting of correct outward supply by supplier in the outward return (GSTR-1) is the
responsibility of the supplier. In case of mismatch because of supplier’s fault, prompt
amendments must be made by the supplier else supplier would be required to indemnify
BSNL of the loss of credit due to mismatch. The compliances to be adhered by supplier
includes (but is not limited to) the following:
i. Uploading appropriate invoice details on the GSTN within the stipulated time;

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I/622375/2024 ii. Issuing GST compliant invoice / CN/ DN. PO issued by BSNL should be referred by
supplier for capturing information on the invoice.
iii. Supplier needs to pay the entire self-assessed tax on timely basis.
iv. Where invoice is not uploaded or incorrect upload of invoice detail of GSTN by supplier
then credit on such invoice will be given provisionally subject to matching. So, acceptance
of changes made by BSNL on GSTN on account of non-upload or incorrect upload of
invoice details on GSTN is to be submitted by supplier. Such changes w.r.t. the mismatch
are required to be accepted by supplier within the time limit prescribed under the GST
law. It should be noted that in case supplier does not accept such changes within the time
limit prescribed under GST law, the loss of input tax credit (if any) would be recovered
from the supplier. In case of mismatch because of Supplier's fault, prompt amendments
must be made by the supplier else supplier would be required to indemnify BSNL for the
losses of credit and interest paid due to mismatch.
v. Supplier to issue all necessary documentation and perform all necessary compliances for
BSNL to be eligible to claim the input tax credit of GST tax to them. In case BSNL is
unable to claim the input tax credit, the amount w.r.t. GST charged by the supplier would
be recovered from the supplier
vi. A self-declaration along with evidence that the bidder is not blacklisted by GST
authorities.In case supplier gets black listed during the tenure of BSNL contract, then
supplier must indemnify BSNL to ensure that no loss of input tax credit is borne by BSNL
due to default of supplier.
27.10. All the details of supplier (name, address, GSTN/ unregistered supplier, place of supply, SAC/
HSN code etc.) and other mandatory details, as per Appendix-1 of this Section shall be
mentioned on the invoice by the bidder.

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.

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